Agenda packet — Lathrop City Council, January 10, 2022 (part 2 of 3)

Improvements, which may require that acceptance of improvements by CITY be subject to the provisions of an acquisition agreement to be entered into by the CITY and SUBDIVIDER providing that CITY expects to be paid or reimbursed acquisition costs through future CFD special taxes. SUBDIVIDER shall cooperate to facilitate such method of acquisition.

15. SUBDIVIDER shall pay service fees far the utility services from the time the Improvements are accepted by the CITY to the end of the fiscal year, or up to a one( 1) year period, whichever is needed to ensure an opportunity for the Improvements to be included in the next fiscal year annual assessment.

16. SUBDIVIDER shall be responsible to sweep streets within the subdivision every two weeks as directed by the City Engineer, on all streets where lots are occupied and all streets providing access to occupied lots until the Improvements are accepted by the CTTY.

17. SUBDIVIDER shall not assign this Agreement without the prior written consent of CITY.

If such consent is given, the terms of this Agreement shall apply to and bind the heirs, successors, executors, administrators and assignees of SUBDIVIDER, and any heirs, successors, executors, administrators and assignees of the SUBDIVIDER and shall be jointly and severally liable hereunder.

18. The SUBDIVIDER shall, at the SUBDIVIDER' S expense, obtain and maintain all necessary permits and licenses for construction of the Improvements. Prior to the commencement of Improvement construction, the SUBDIVIDER shall obtain a City of Lathrop Business License.

The SUBDIVIDER shall comply with all local, state and federal laws, whether or not said laws are expressly stated in this Agreement.

19. This Agreement and any amendments hereto comprise the entire understanding and agreement between the parties regarding the improvements to be constructed and dedications for Tract 4090.

20. The following miscellaneous provisions are applicable to this Agreement:
a. Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the laws of the State of California. b. Definitions. The definitions and terms are as defined in this Agreement. c. Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.
d. Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. 157
Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4090 Village " HH2"

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e. Incorporation of Documents. All documents referred to herein and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated herein and shall be deemed to be part of this Agreement. f. Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. g. Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
h. Successors and Assigns. Except as otherwise expressly provided herein, the provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
i. Time of the Essence. Time is of the essence of this Agreement and each of its provisions.

In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day. j. Venue. In the event either party brings that suit hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin.

ATTACHMENTS:

EXHIBIT A FINAL MAP - TRACT 4090
EXHIBIT B TRACT 4090 AND VILLAGE " HH2" AREA
EXHIBIT C: CITY INSURANCE REQUIREMENTS
EXHIBIT D: UNFINISHED IMPROVEMENT COST ESTIMATE AND VILLAGE " HH"

IMPROVEMENTS COST ESTIMATE
158
Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4090 Village " HH2"

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this lOth day of January 2022, at Lathrop, California.

ATTEST: TERESA VARGAS CTTY OF LATHROP, a
City Clerk of and for the City municipal corporation of the of Lathrop, State of Califarnia State of California
BY: BY:

Teresa Vargas Date Stephen J. Salvatore Date
City Clerk City Manager

APPROVED AS TO FOR BY THE CITY OF LATHROP CITY ATTORNEY BY: 1 t, 16 . Zp Zl
Salvador Navarrete Date
City Attorney
159
Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4090 Village " HH2"

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SUBDIVIDER
River Islands Stage 2B, LLC,
a Delaware limited liability company
BY:

Susan Dell' Osso
President
160
Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4090 Village " HH2"

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Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4090 Village " HH2"

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EXHIBIT " B"
TRACT 4090 VILLAGE " HH2" AREA
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VILLAGE HH

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VICINITY MAP
AUGUST 2021
171
Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4092 Village " HH2"

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EXHIBIT " C"

CITY INSURANCE REQUIREMENTS

1. The Subdivider shall obtain commercial general liability insurance companies licensed to do business in the State of California with an A.M. Best Company rating Insurance rating of no less than A:VII which provides coverage for bodily injury, personal injury and property damage liability in the amount of at least$ 1, 000,000 for each occurrence and $ 2,000,000 in the aggregate.

Said insurance coverage shall be evidenced by a certificate of insurance with policy endorsements, executed by an authorized official of the insurer( s). All parties to the Subdivision Improvement Agreement must be named insured on the policy. The policy endorsements to be attached to the certificate must provide all the following:
a. Name the City of Lathrop, its officers, City Council, boards and commissions, and members thereof, its employees and agents as additional insured as respects to any liability arising out of the activities of the named insured. A CG 2010 or CG 2026 endorsement form or the equivalent is the appropriate form.
b. State that " the insurance coverage afforded by this policy shall be primary insurance as respects to the City of Lathrop, its officers, employees and agents. Any insurance or self-insurance maintained by the City of Lathrop, its officers, employees, or agents shall be in excess of the insurance afforded to the named insured by this policy and shall not contribute to any loss.
c. Include a statement that, " the insurer will provide to the Ciry at least thirty ( 30) days prior notice of cancellation or material change in coverage." The above language can be included on the additional insured endorsement form or on a separate endorsement form. d. The policy must contain a cross liability or severability of interest clause. e. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
172
A Ro CERTIFICATE OF LIABILITY INSURANCE

DATE MMIDD/ YYYY)
11/ 23/ 2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).

PRODUCER CONTACT
Alliant Insurance Services, f1C. PHONE
Michelle Sanchez
FAX
333 S Hope St Ste 3750 vc No Ext: AIC No:

Los Angeles CA 90071 nooa ess: Michelle. Sanchez alliant. com INSURER(S) AFFORDING COVERAGE NAIC#
License#: oC36861 NSURERA: Uf11t8CI S ecialt Insurance Com 12537 INSURED RIVEISL- 01 INSURER B:

River Islands Stage 2B, LLC
73 W. Stewart INSURER C:

Lathrop CA 95330 INSURER D:

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 629381787 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR
7ypE OF INSURANCE

ADDL SUBR
pOLICY NUMBER MMIDD/ YYYY MMIDDYIYYVV LTR LIMITS
A X COMMERCIALGENERAL LIABILITY Y ATN2117764P 3/ 19/ 2021 3/ 19/ 2022 EACH OCCURRENCE 2, 000, 000 CLAIMS- MADE OCCUR PREM SES a occurrence 8
MED EXP( Any one person) $
PERSONAL& ADV INJURY $ 1, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2, 000, 000 POLICY jECT LOC PRODUCTS- COMP/ OP AGG $ 2, 000, 000
OTHER:

AUTOMOBILELIABILITV COMBINEDSINGLELIMIT $
Ea accident
ANYAUTO BODILYINJURY( Perperson) $
OWNED SCHEDULED BODILY INJURY( Per accident) 5

AUTOS ONLY AUTOS

HIRED NON- OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident

UMBRELLALIAB OCCUR EACHOCCURRENCE

EXCESS LIAB CLAIMS- MADE AGGREGATE
DED RETENTION$
WORKERS COMPENSATION PER OTHAND EMPLOYERS' LIABILITY
Y N

STATUTE ER

ANYPROPRIETOR/ PARTNER/ EXECUTIVE EL EACH ACCIDENT
OFFICER/ MEMBEREXCLUDED? N A
Mandatory in NH) E. L. DISEASE- EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: FM 4090 HH2
City of Lathrop, its officers, City Council, boards and commissions and members thereof, its employees and agents are included as Additional Insureds as respects to General Liability. General Liability shall be Primary and Non- Contributory with any other insurance in force for or which may be purchased by City of Lathrop, its officers, employees and agents.

CERTIFICATE HOLDER CANCELLATION
j SHOULD AI Y OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

City of Lathrop
390 Towne Centre Drive
Lathrop CA 95330

AUTHORIZEDREPRESENTATIVE
Y y°
O 1988- 2015 ACORD CORPORATION. All rights reserved.

ACORD 25( 2016/ 03) The ACORD name and logo are registered marks of ACORD 173
POLICY NUMBER: ATN217764P COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person( s) Or
Or anization s Location s Of Covered O erations
City of Lathrop, its officers, City Council, boards As Required By Written Contract, Fully Executed and commissions and members thereof, its Prior To The Named Insured' s Work employees and agents
390 Towne Centre Drive
Lathrop, CA 95330
Information re uired to com lete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person( s) or additional insureds, the following additional exclusions organization( s) shown in the Schedule, but only with apply:
respect to liability for" bodily injury", " property damage" This insurance does not apply to " bodily injury" or or " personal and advertising injury" caused, in whole property damage" occurring after:
or in part, by: 1. All work, including materials, parts or equipment

1. Your acts or omissions; or
furnished in connection with such work, on the

2. The acts or omissions of those acting on your behalf; project( other than service, maintenance or repairs) to be performed by or on behalf of the additional
in the performance of your ongoing operations for insured( s) at the location of the covered operations the additional insured( s) at the location( s) has been completed; or designated above. 2. That portion of" your work" out of which the injury or damage arises has been put to its
However: intended use by any person or organization other

1. The insurance afforded to such additional insured only than another contractor or subcontractor engaged applies to the extent permitted by law; and in performing operations for a principal as a part of

2. If coverage provided to the additional insured is the same project. required by a contract or agreement, the insurance
afforded to such additional insured will not be broader than that which you are required by the contract or
agreement to provide for such additional insured.

CG 20 10 04 13 O Insurance Services Office, Inc., 2012 Page 1 of 2 174
C. With respect to the insurance afforded to 2. Available under the applicable Limits of these additional insureds, the following is added to Insurance shown in the Declarations; Section III— Limits Of Insurance: whichever is less.

If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement, the most we Limits of Insurance shown in the Declarations. will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

Page 2 of 2 ends

175
Policy# ATN217764P
United Specialty Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

VEN 051 00 ( 02/ 20)

PRIMARY AND NON- CONTRIBUTING INSURANCE ENDORSEMENT
This endorsement modifies the Conditions provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS of the COMMERCIAL GENERAL LIABILITY COVERAGE PART, and supersedes any provision to the contrary:

Primary and Non- Contributory Insurance
Any coverage provided to an Additional Insured under this policy shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless:
a. ( 1) The Additional Insured is a Named Insured under such other insurance; and
2) A fully written contract fully executed prior to the Named Insured' s commencement of work for such Additional Insured for the specificproject that is the subject of the claim, " suit," or " occurrence" expressly requires that this insurance:
i) apply on a primary and non- contributorybasis;
and
ii) would not seek contribution from any other insurance available to the additional insured.
or
b. Prior to a loss, you request in writing and we agree in writing that this insurance shall apply on a primary and non- contributory basis.

Name Of Person s Or Or anization s
As Required By Written Contract, Fully Executed Prior To The Named Insured' s Work.

All other terms, conditions and exclusions under this policy are applicable to this Endorsement and remain unchanged.

VEN 051 00( 02/20) Page 1 of 1
176
Policy: ATN217764P

UNITED SPECIALTY INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

VEN 064 00 ( 01/ 15)

THIRD PARTY CANCELLATION NOTICE ENDORSEMENT
This endorsement modifies the Conditions provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
If we cancel this policy for any reason other than nonpayment of premium, we will mail notification to the persons or organizations shown in the schedule below ( according to the number of days listed below) once the Named Insured has been notified.

If we cancel this coverage for nonpayment of premium, we will mail a copy of such written notice of cancellation to the name and address below at least 10 days prior to the effective date of such cancellation.

Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy.

SCHEDULE
Name and Address of Other Person/ Orqanization
City of Lathrop, its officers, City Council,
Number of Days Notice
boards and commissions and members thereof,
its employees and agents
390 Towne Centre Drive 30
Lathrop, CA 95330
All other terms, conditions and exclusions under this policy are applicable to this Endorsement and remain unchanged.

VEN 064 00( 01/ 15) Page 1 of 1
177
Subdivision Improvement Agreement ( River Islands Stage 2B, LLC) Tract 4092 Village " HH2"

Page 12 ends

EXHIBIT " D"

UNFINISHED IMPROVEMENT COST ESTIMATE
AND VILLAGE " HH" — FULL IMPROVEMENT COST
178
ENG1N£ E R7NG
ENGINEER' S PRELIMINARY COST ESTIMATE July 16, 2019
VILLAGE HH( 91 UNITS) Job No.: 25503- 51
STAGE 26

RIVER ISLANDS

CITY OF LATHROP, SAN JOAQUIN COUNTY, CALIFORNIA
Item Description Quantity Unit Unit Price Amount

ROADWAY
1 Fine Grading 214, 000 SF $ 0. 45 $ 96, 300. 00
2 3" AC Paving 65, 400 SF $ 1. 50 $ 98, 100. 00
3 4. 5" AC Paving 42, 200 SF $ 225 $ 94, 950. 00
4 7" Aggregate Base 65, 400 SF $ 1. 05 $ 68, 670. 00
5 8" Aggregate Base 42, 200 SF $ 1. 20 $ 50,640. 00
6 Vertical Curb and Gutter( with AB cushion) 1, 100 LF $ 15. 00 $ 16, 500.00 7 Rolled Curb and Gutter( with AB cushion) 5, 600 LF $ 15. 00 $ 84, 000. 00 8 Concrete Sidewalk 30, 000 SF $ 5. 00 $ 150, 000. 00
9 Driveway Approach 91 EA $ 600. 00 $ 54, 600. 00
10 Survey Monuments 9 EA $ 300. 00 $ 2, 700. 00
11 Traffic Signing& Striping 3, 100 LF $ 5. 00 $ 15, 500. 00 12 Dewatering( budget) 3, 100 LF $ 75. 00 $ 232, 500. 00 Subtotal Roadway 964, 460. 00

STORM DRAIN
13 15" Storm Drain Pipe 500 LF $ 34. 00 $ 17, 000. 00
14 18" Storm Drain Pipe 450 LF $ 46. 00 $ 20, 700. 00
15 42" Storm Drain Pipe 430 LF $ 120. 00 $ 51, 600. 00
16 Catch Basins( type A inlet) 6 EA $ 2, 400. 00 $ 14, 400. 00 17 Catch Basins( type A inlet over type I manhole base) 7 EA $ 2, 800. 00 $ 19, 600. 00 18 Catch Basins( type A inlet overtype 11 manhole base) 1 EA $ 5, 000. 00 $ 5, 000. 00 19 Connectto Existing 8 EA $ 1, 700. 00 $ 13, 600. 00
Subtotal Storm Drain 141, 900. 00

SANITARY SEWER
20 8" Sanitary Sewer Pipe 3, 100 LF $ 28. 00 $ 86, 800. 00 21 Manholes 13 EA $ 4, 000. 00 $ 52, 000.00
22 Sewer Service 92 EA $ 600. 00 $ 55, 200. 00
23 Sewer Stub& Plug 2 EA $ 1, 000. 00 $ 2, 000. 00
24 Connect to Existing 10 EA $ 3, 000. 00 $ 30, 000. 00 Subtotal Sanitary Sewer 226, 000. 00
62CF0 STOr3ERIDG' E( hAL€ ROA. SU! iE 330,? k EASANTC N. C.4 w^458$ W P. 325? 23.$ 34Q • P: 20a 571.[ 8 i T:\ 25503- River Islands\ Phase 51- Village HH\ Word& Excel\ Cost Estimate\ Stage 28 Village HH Cost Estimate. xlsx\ Village HH 179
ENG7NE£ fZ1NG
Item Description Quantity Unit Unit Price Amount

WATER SUPPLY
25 8" Water Line( including all appurtenances) 3, 300 LF $ 32. 00 $ 105, 600. 00 26 8" GV 11 EA $ 1, 550. 00 $ 17, 050. 00
27 Blow- Off 5 EA $ 4, 000. 00 $ 20, 000. 00
28 ARV 6 EA $ 2, 500. 00 $ 15, 000. 00
29 Fire Hydrants 8 EA $ 4, 000. 00 $ 32, 000. 00
30 1- 1/ 2" Water Service 91 EA $ 2, 000. 00 $ 182, 000. 00 31 2" Water Service 1 EA $ 2, 000. 00 $ 2, 000. 00
32 Water Plug& Stub 2 EA $ 1, 000. 00 $ 2, 000. 00
33 Connect to Existing 10 EA $ 4, 000. 00 $ 40, 000. 00 Subtotal Potable Water 415, 650. 00
TOTAL CONSTRUCTION COST( nearest$ 1, 000) $ 1, 749, 000. 00 COST PER LOT $ 19, 220. 00
Notes:
1) Unit prices are based on estimated current construction costs and no provision for inflation is included. 2) This estimate does not include surveying, engineering, clearing, grading, eroision control, landscaping, irrigation, or street trees. 6 00 T iER1C; GE MALL ROk SUITE 3, P;. EASANTON. CA 5456& • P. 925., 23. 834 r • F: 209 671. 246& T:\ 25503- River Islands\ Phase 51- Village HH\ Word& Excel\ Cos[ Estimate\ Stage 26 Village HH Cost Estimate. xlsa\ Village HH 180
ENG7NEEfZ1NG
ENGINEER' S BOND ESTIMATE August 11, 2021
COST TO COMPLETE Job No.: 25503- 51
RIVER ISLANDS- Stage 2B
VILLAGE HH( 91 LOTS)

CITY OF LATHROP, SAN JOAQUIN COUNTY, CALIFORNIA
Item Description Quantity Unit Unit Price Amount
1 Sanitary Sewer Raising Iron& Setting SSCO boxes( o/ Completion) 1 LS $ 42, 600. 00 $ 42, 600. 00 2 Domestic Water Raising Iron& Setting Water Boxes( o/ Completion) 1 LS $ 46, 300. 00 $ 46, 300. 00 3 JointTrench( so/ Completion) 1 LS $ 91, 000. 00 $ 91, 000. 00 4 Striping& Mounments( o/ Completion) 1 LS $ 12, 000. 00 $ 12, 000. 00 TOTAL COST TO COMPLETE $ 191, 900. 00
Notes:
1) Estimate for cost to complete based on contractor' s note for Village HH dated 08/ 11/ 2021 6200 STO;^ iERIDGE tv AL R'JA3 SUITE 330.? EASAIVTL} N. CA 458 P. 92. 223.8 40 • F: 2Q9 5 i 1. 1466 T: 25503- River Islands\ Phase 51- Village HH\ Word 8 Ezcel\ Cost Estimate\ Cost to Complete 2021- 08-01 2021- 0841 Village HH Cost To Complete. zls\ Improvemen s 181

OPINION OF PROBABLE COST
ENG1NE f 1NG
River Islands Parkway - Village HH - Phase 2 - Streetscape Lathrop, CA 100% Submittal 4/ 15/ 2021
ITEM DESCRIPTION UNIT QUANT. UNIT COST AMOUNT
A. Site Preparation
1 Site Grading ( Fine) SF 130, 695 0. 50 65, 347. 50
SUB- TOTAL 65, 347. 50
B. Flatwork/ Surfacing/ Walls
1 12" Concrete Mow Curb LF 30 12. 00 360. 00
2 4"- 6" Cobble SF 95 2. 20 209. 00
3 Aluminum Edging LF 35 10. 00 350. 00
4 Cobble set in Concrete SF 387 10. 00 3, 870. 00
5 Boulders EA 43 150. 00 6, 450. 00
6 Wood Perimeter Fence LF 1, 874 32. 00 59, 968. 00
7 Open Space Rail Fence LF 1, 414 32. 00 45, 248. 00
8 Open Space Rail Fence Pilaster EA 107 1, 000. 00 107, 000. 00 9 Open Space Rail Fence Pilaster with Light EA 21 2, 000. 00 42, 000. 00 10 Open Space Rail Fence Footing EA 91 500. 00 45, 500. 00 SUB- TOTAL 310, 955. 00
C. Features
1 Removable Bollard EA 3 2, 000. 00 6, 000. 00
SUB- TOTAL 6, 000. 00
D. Planting
1 1 Gallon Shrubs EA 2, 148 8. 25 17, 721. 00
2 5 Gallon Shrubs EA 2, 851 18. 00 51, 318. 00
3 15 Gallon Trees EA 140 120. 00 16, 800. 00
4 Hydroseed - Wildflower Mix SF 37, 856 0. 35 13, 249. 60 5 Hydroseed - Bio- Filtration Mix SF 19, 800 0. 35 6, 930. 00 6 Soil Conditioning & Amendments SF 130, 695 0. 30 39, 208. 50 7 Bark SF 52, 098 0. 25 13, 024. 50
8 Root Barrier LF 1, 708 9. 00 15, 372. 00
SUB- TOTAL 173, 623. 60
E. Irrigation Controls & Distribution
1 6" Pop- Up Spray Nozzle EA 265
2 12" Pop- Up Rotor EA 195
3 Tree RWS System EA 280
4 Pipe Transition Points EA 37
5 Flush Cap and Valve Box EA 74
6 Operation Indicator EA 74
7 18" o. c. In- line Drip Tubing Irrigation System LN 27, 651 8 1" Valves/ Filter, Boxes & Decoders EA 24
9 1" Valves, Boxes& Decoders EA 75
10 3/ 4" Quick Couplers EA 24
11 Gate Valve EA 8
182
12 Sch 40 Ball Valve EA 37
13 3/ 4" Lateral Line LF 8, 906
14 1" Lateral Line LF 1, 484
15 1 1/ 4" Lateral Line LF 2, 969
16 1 1/ 2" Lateral Line LF 1, 484
17 Drip Header LF 202
18 3" Mainline LF 3, 055
19 Pipe Sleeve LF 536
20 1" Conduit for Control Wires LF 3, 551
21 Irrigation Sub- Total SF 130, 695 2. 02 264, 003. 90 SUB- TOTAL 264, 003. 90
TOTAL 819, 930. 00
10% Contingency 81, 993. 00
Construction Total 901, 923. 00
NOTES:

1. Items not included as a part of this estimate:

A. Permits F. Erosion control & siltation cost, SWPPP
B. Utility Fees G. Landscaping Fees
C. City fees, bond fees H. Joint trench
D. Engineering/ design fees I. Easement acquisitions
E. Soils engineering cost J. Power Pole Relocation

2. This estimate is for bonding purposes only and not to be used for bidding purposes. 183

ATTACHMENT D

JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAPS

RIVER ISLANDS AT LATHROP)
January 10, 2022
Via Email and Hand Delivery
Old Republic Title Company
1215 W. Center Street, Suite 103
Manteca, CA 95337
Attn: Lori Richardson
Re: Recordation of Final Map 4090; Escrow No. 1214022363 Dear Lori:

This letter constitutes the joint escrow instructions (" Escrow Instructions") of River Islands Stage 2B, LLC, a Delaware limited liability company (" R/S2B') and the City of Lathrop (" City') in connection with the above- referenced escrow (" Escro'). The Escrow was opened in connection with recordation of the above-referenced final map (" Final Map"). Recordation of the Final Map is subject to the conditions set forth below. The transactions described in these Escrow Instructions are referred to as the " Transaction." Old Republic Title Company is referred to as " you" or" ORTC." A. Date for Closinqs
The Final Map will be recorded at the time designated by RIS2B as set forth below. The Final Map can only be recorded after the City has approved the map in writing. The closing date for the Transaction is intended to occur by June 30, 2022, at the time designated in writing by RIS2B, subject to satisfaction of the conditions set forth below ( each a C/ osing'). If the Final Map has not been recorded by December 31, 2022, ORTC will return the Final Map to the City.

B. Documents to be Delivered and Recordation Documents
In connection with the Transaction, you have in your possession or will receive the following documents from City and RIS2B for recordation in the Official Records of San Joaquin County, California (" Official Records").

B. 1. One original Final Map for Tract 4090, executed and acknowledged by the City ( provided to title by City).

The documents listed in Item B. 1 above are referred to as the" Recordation Documenfs." The Recordation Documents shall be recorded in the order referred to above. The date on which the Recordation Documents are recorded in the Official Records is the Recordation Date.

C. Funds and Settlement Statement
You also have received, or will receive from RIS2B, prior to the recordation of the Recordation Documents, in immediately available funds, the following amounts, in accordance with the settlement statement prepared by you and approved in writing by both RIS2B and City (" Settlement Statemenf'): recordation costs, escrow fees and other amounts as set forth in the Settlement Statement. Such costs, fees and other amounts are the sole responsibility of RIS2B.
1 184

JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAPS

RIVER ISLANDS AT LATHROP)
Funds to be wire transferred directly to the entity set forth below, immediately upon recordation of the Final Map, in accordance with the wire transfer instructions for each entity are as follows: The amount of $ 17, 947. 90, payable to the City pursuant to that certain Agreement to Settle Litigation Regarding River Islands at Lathrop as amended " Sierra C/ub Agreemenf'), constituting the amount of $ 3, 328. 00 multiplied by 5. 393 acres ( or portion thereof) included in the Final Map, is to be transferred to the City upon recordation of the Final Map. The City' s wire instructions are set forth below.

The amounts set forth in Section C are referred to as the " C/osing Funds." D. Closinq Requirements
When the following has occurred, you are authorized to close the Escrow at the time( s) and in accordance with the process set forth below:

D. 1. You have delivered copies of your Settlement Statement by email transmission to: ( a) Susan Dell' Osso ( sdellosso@riverslands. com); ( b) Debbie Belmar dbelmar@riverislands. com); ( c) Brad Taylor ( btaylor@ci. lathrop. ca. us); ( d) Salvador Navarrete snavarrete@ci. lathrop. ca. us; e) Glenn Gebhardt qqebhardt@ci. lathrop. ca. us), ( f) Sandra Lewis ( slewis@ci. lathrop. ca. us), and have confirmation ( by telephone or email) from Susan Dell' Osso and Glenn Gebhardt or Brad Taylor that the Settlement Statement is accurate and acceptable; D. 2. You have not received any instructions contrary to these Escrow Instructions;
D. 3. The Recordation Documents and all other documents described herein as being held by you or delivered to you have been received by you and have been fully executed and, where applicable, acknowledged, and you have attached all legal descriptions or have confirmed that all exhibits and legal descriptions are attached; D. 4 You are prepared to record the Recordation Documents, as designated, release funds in accordance with the Settlement Statement and complete the Transaction in compliance with these Escrow Instructions; D. S. You have delivered a copy of these instructions, executed by an authorized signatory of ORTC with authority to bind ORTC, and initialed all pages, by email transmission ( with original hard copy to follow by U. S. Mail) to Debbie Belmar and Glenn Gebhardt at the email addresses set forth above; and D. 6. You have received confirmation ( by email or other writing) from Susan Dell' Osso and Stephen Salvatore or Glenn Gebhardt to record the Recordation Documents and complete the Transaction.

E. Closinq Process and Priorities
When you have fully satisfied all of the closing requirements set forth in Section D, then you are authorized and instructed to do the following in the chronological order given:

E. 1. Date the Recordation Documents to be recorded;
E. 2. Record the Recordation Documents in the Official Records; E. 3. Pay the costs associated with the Transaction;
2 185

JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAPS

RIVER ISLANDS AT LATHROP)
E. 4. Refund any funds delivered to you by RIS2B that are not disbursed at the time of the final Closing pursuant to these Escrow Instructions to the following entity and address:

River Islands Stage 2B, LLC
73 W. Stewart Road
Lathrop, CA 95330
Attn: Susan Dell' Osso
E. 5. Notify Susan Dell' Osso ( [email protected]), Debbie Belmar( dbelmar@riverislands. com), Glenn Gebhardt ( qqebhardt@ci. lathrop. ca. us), Brad Taylor( btaylor@ci. lathrop. ca. us), Sandra Lewis ( slewis@ci. lathrop. ca. us), Teresa Vargas tvarqas@ci. lathrop. ca.us), Sarah Pimentel ( spimentel@ci. lathrop. ca. us), and Jose Molina ( JMolina@siqov. org) of the completion of the Transaction; E. 6. Within five ( 5) business days after each Recordation Date, deliver by overnight delivery via recognized, national, overnight delivery carrier to: ( 1) Susan Dell' Osso, River Islands Stage 2B, LLC, 73 W. Stewart Road, Lathrop, CA 95330; and 2) Mr. Glenn Gebhardt, City Engineer, City Attorney, City of Lathrop, 390 Towne Centre Drive, Lathrop, CA 95330:

A) a certified copy of the Recordation Documents, showing all recording information of the Recordation Documents; and B) a certified copy of the final Settlement Statement.

F. Additionallnstructions
When assembling the final documents, signature pages from all parties shall be inserted into each respective final document in creating fully executed counterparts.

Please acknowledge receipt of these instructions and your agreement to act as Escrow agent in connection with this Transaction in accordance with these Escrow Instructions, by executing and dating a copy of these Escrow Instructions where indicated below, initialing all pages and returning it to both of the undersigned.

The Escrow Instructions may be modified only in a writing signed by both of the undersigned.

Very truly yours,
Stephen J. Salvatore Date Susan Dell' Osso Date
City Manager President
City of Lathrop River Islands Stage 2B, LLC
3 186

JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAPS

RIVER ISLANDS AT LATHROP)

ESCROW INSTRUCTIONS
ACKNOWLEDGEMENT AND AGREEMENT:

Receipt of the foregoing Escrow Instructions from RIS2B and the City is hereby acknowledged. The undersigned agrees, for itself, and on behalf of ORTC, to proceed in strict accordance with these Escrow Instructions. The undersigned represents and warrants to RIS26 and the City that the undersigned is authorized to execute this Acknowledgement and Agreement, for itself, and on behalf of ORTC.

Old Republic Title Company
By:
its:

Date:
4 187

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ITEM 4. 9

CITY MANAGER' S REPORT
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVAL OF FINAL MAP, COMMON USE

AGREEMENT, AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR 62 LOTS IN TRACT 4092 VILLAGE
GG2" WITHIN OLD RIVER DISTRICT OF RIVER

ISLANDS
RECOMMENDATION: Adopt Resolution Approving Final Map for Tract 4092 Village GG2" within the Old River District, Totaling
62 Single Family Lots, a Common Use Agreement,
and a Subdivision Improvement Agreement with
River Islands Stage 2B, LLC
SUMMARY:

The proposed Final Map for Tract 4092 will be the second and final tract map within the Village GG" area. Pulte Homes is proposing sixty- two ( 62) 55' x 100' singlefamily lots. A Vicinity Map is included as Attachment " B".

Staff recommends that the City Council approve the proposed Final Map Tract 4092, Village " GG2", a Common Use Agreement with Island Reclamation District No. 2062 for portions of Abernathy Court and Cabot Avenue, and a Subdivision Improvement Agreement with River Islands Stage 2B, LLC ( River Islands"), included as Attachment " C".

BACKGROUND:

The City of Lathrop City Council approved Vesting Tentative Map ( VTM) 6716 on June 14, 2021. On August 4, 2021, the City of Lathrop Planning Commission approved a Neighborhood Design Plan ( NDP) and Architectural Guidelines and Design Standards AG/ DS) for the Old River District, known as Stage 2B, within Phase 1 of the project.

While the NDP contains conceptual guidance on parks within the Old River District, a Master Parks Plan includes revisions to the parks and open spaces within the Stage 2B area and is pending Planning Commission action. The land for the proposed Final Map for Tract 4092 is within the geographic boundaries of VTM 6716 and Stage 2B.

As required by the City' s subdivision ordinance, all final maps must include a Subdivision Improvement Agreement ( SIA) to guarantee specific offsite and onsite improvements.

The total cost of the improvements for Village " GG" is $ 2, 469, 000, however, a large percentage of the improvements have already been construction and therefore do not need to be guaranteed. Performance and labor & material securities have been provided with the SIA for Tract 4091 that guarantee the unfinished improvements for Village " GG" in the amount of:
197
CITY MANAGER' S REPORT PAGE 2
ANUARY 10, 2022 CITY COUNCIL REGULAR MEETING

APPROVAL OF FINAL MAP, COMMON USE AGREEMENT, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 62 LOTS IN TRACT 4092 VILLAGE GG2"

WITHIN OLD RIVER DISTRICT OF RIVER ISLANDS
Unfinished Im rovement Total: 221, 440
Performance Bond of Total Improvements ( Bond No. $ 664, 852 0799657 :

Labor & Materials Bond 50 % of Performance Bond ( Bond No. $ 332, 426 0799657
The SIA for Tract 4092 refers to the Agreement for Dedication, Inspection, and Guarantee of Streets and Public Improvements (" Off- site Agreement") that was approved by the City on September 30, 2013. Although the Off- site Agreement applies to Tract 4092, the Final Map will not trigger any additional offsite improvements or security.

Acceptance of the public improvements will be processed by staff at a later date and when the unfinished improvements are completed. Prior to acceptance, River Islands will be required to provide a one ( 1) year warranty bond.

Village ' GG" was annexed to the four different Community Facilities Districts ( CFDs) for maintenance purposes with the approval of the Tract 4091 Final Map in 2021.

The CFDs are CFD 2013- 1 City of Lathrop Annexation No. 24, CFD 2013- 1 Island Reclamation District ( RD) 2062, CFD 2013- 1 River Islands Public Financing Authority RIPFA), and CFD 2020- 1 RIPFA.

There is also a need for a Common Use Agreement ( CUA) between the City and Reclamation District No. 2062 ( RD 2062) as a portions of Abernathy Court and Cabot Avenue and Public Utility Easement dedicated to the City by River Islands Stage 2B, LLC share an area with the easements recorded in favor of RD 2062 for the levee system. The CUA, included as Attachment " F", sets forth the terms and conditions to which RD 2062 can install, operate and maintain its facilities, which protects the City' s street and other utilities that are located in Abernathy Court and Cabot Avenue.

River Islands must satisfy the Escrow Instructions, included as Attachment " D", to guarantee the payment of all fees and execution of the documents related to the SIA.

REASON FOR RECOMMENDATION:

River Islands has fulfilled all of the requirements of the City' s subdivision ordinance as listed below:

Documents Status

1. Final Map ready for signature Completed

2. Subdivision Improvement Agreement Completed

3. Performance Security - Uncompleted Landscaping and
Completed
Miscellaneous Im rovements rovided with Tract 4091
198
CITY MANAGER' S REPORT PAGE 3
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING

APPROVAL OF FINAL MAP, COMMON USE AGREEMENT, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 62 LOTS IN TRACT 4092 VILLAGE GG2"

WITHIN OLD RIVER DISTRICT OF RIVER ISLANDS

4. Labor and Materials Security - Uncompleted Landscaping and Miscellaneous Improvements provided with Tract Completed 4091

5. Street Improvement, Landscape, Light & Joint Trench Completed

6. Geotechnical Report Completed

7. Agreement for Backbone Improvements and Parks
Agreement for Dedication, Inspection and Guarantee Completed of Streets and Public Improvements

8. Approval of 3 d Amendment to Development
Agreement that guarantees creation of CFD for City
Maintenance and Shortfalls, and Guarantee of Completed
Developer CFDs for Developer/ other public agency
Maintenance

9. Allocation of Water and Sewer capacity Completed

10. Recommendation for approval from Stewart Tract
Completed
Desi n Review Committee

11. Submitted Certificate of Insurance, Tax Letter Completed

12. Submitted Preliminary Guarantee of Title Completed

13. Escrow Instructions Completed

14. Village GG - Annexation No. 24 of City of Lathrop Annexed with Community Facilities District No. 2013- 1 ( River Islands Tract 4091 on Public Services and Facilities 9/ 13/ 2021

15. Common Use Agreement with Island Reclamation District Approval No. 2062, including Offer of Dedication of Public Utility pending with this Easement item
Fees Status

1. Final Map plan check fee Paid

2. Improvement Plans - Plan check and inspection fees Paid

3. Sierra Club Settlement fee
To be paid in
escrow
FISCAL IMPACT:

There is no budget impact to the City as all costs are covered by development fees and any shortfalls in the City' s maintenance and operating costs are covered by the CFDs.
199
CITY MANAGER' S REPORT PAGE 4
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING

APPROVAL OF FINAL MAP, COMMON USE AGREEMENT, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 62 LOTS IN TRACT 4092 VILLAGE GG2"

WITHIN OLD RIVER DISTRICT OF RIVER ISLANDS
ATTACH M ENTS:

A. Resolution Approving Final Map for Tract 4092 Village GG2" within the Old River District, Totaling 62 Single Family Lots, a Common Use Agreement, and a Subdivision Improvement Agreement with River Islands Stage 2B, LLC B. Vicinity Map - Village GG2"
C. Subdivision Improvement Agreement between the City of Lathrop and River Islands Stage 2B, LLC, a Delaware limited liability company, for Tract 4092, Village " GG2"
D. Escrow Instructions for Final Map Tract 4092 Village GG2" E. Final Map - Tract 4092 Village " GG2"
F. Common Use Agreement with Islands Reclamation District No. 2062 for a portion of Abernathy Court and Cabot Avenue, and associated; Offer of Dedication of Public Utility Easement
200
CITY MANAGER' S REPORT PAGE 5
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING

APPROVAL OF FINAL MAP, COMMON USE AGREEMENT, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 62 LOTS IN TRACT 4092 VILLAGE GG2"

WITHIN OLD RIVER DISTRICT OF RIVER ISLANDS
1'' 2 / 2
Glenn Gebhardt Date
City Engineer
r— i / 3 zoz2.

Michael King Date
Public Works Director
1 3 0 2a
Cari James Date
Finance Dkre tor

I -( --
Salvador Navarrete Date
City Attorney
1• 5• zZ
Ste Salvatore Date
City Manager
201
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING FINAL MAP FOR TRACT 4092 VILLAGE GG2" WITHIN THE OLD RIVER DISTRICT, TOTALING 62 SINGLE FAMILY LOTS, A COMMON USE

AGREEMENT, AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH RIVER ISLANDS STAGE 2B, LLC
WHEREAS, the City of Lathrop City Council approved Vesting Tentative Map VTM) 6716 on June 14, 2021; and
WHEREAS, on August 4, 2021, the City of Lathrop Planning Commission approved a Neighborhood Design Plan ( NDP) and Architectural Guidelines and Design Standards ( AG/ DS) for the Old River District, known as Stage 2B, within Phase 1 of the project; and
WHEREAS, the land for the proposed Final Map for Tract 4092 is within the geographic boundaries of Vesting Tentative Map ( VTM) 6716 and Stage 2B; and WHEREAS, required by the City' s subdivision ordinance, all final maps must include a Subdivision Improvement Agreement ( SIA) to guarantee specific offsite and onsite improvements; and
WHEREAS, the guarantees for Tract 4092 were provided with the approved SIA for Tract 4091 executed with River Islands Stage 2B, LLC and therefore additional guarantee is not required to be provided with the SIA for Tract 4092. Tracts 4091 and 4092 are collectively known as Village " GG"; and
WHEREAS, performance and labor & material securities were provided with the SIA for Tract 4091 that guarantee the unfinished improvements for Village GG", including both Tract 4091 and 4092, in the amount as follows; and Unfinished Im rovement Total: 221, 440
Performance Bond of Total Improvements ( Bond No. $ 664, 852 0799657)
Labor & Materials Bond 50 % of Performance Bond ( Bond No. $ 332, 426 0799657)
WHEREAS, acceptance of the public improvements will be processed by staff at a later date and when the unfinished improvements are completed. Prior to acceptance, River Islands will be required to provide a one ( 1) year warranty bond; and
WHEREAS, there is a need for a Common Use Agreement ( CUA) between the City and Reclamation District No. 2062 ( RD 2062) as a portions of Abernathy Court and Cabot Avenue and Public Utility Easement dedicated to the City by River Islands Stage 2B, LLC share an area with the easements recorded in favor of RD 2062 for the levee system included as Exhibit " I" to Attachment F"; and 202
WHEREAS, Village GG" was annexed to the four different Community Facilities Districts ( CFDs) for maintenance purposes with the approval of the Tract 4091 Final Map in 2021; and
WHEREAS, River Islands Stage 2B must satisfy the Escrow Instructions to guarantee the payment of all fees and execution of the documents related to the SIA.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lathrop that approves and accepts the following actions:

1. The Final Map for Tract 4092 and is hereby approved as submitted for recordation with the San Joaquin County Assessor/ Recorder/ County Clerk Office. The recorded executed copy will be filed with the City Clerk.

2. The City Manager, or their designee, is authorized to execute a Subdivision Improvement Agreement with River Islands Stage 2B, LLC in substantially the form as attached to the January 10, 2022 staff report. The file executed copy will be filed with the City Clerk.

3. The City Manager, or their designee, is authorized to execute a Common Use Agreement with Islands Reclamation District No. 2062 and Acceptance of Offer of Dedication for Public Utility Easements from River Islands Stage 2B, LLC, in substantially the form as attached to the City Manager' s Report as Attachment F", and is hereby approved as submitted as part of the public record with the San Joaquin County Assessor/ Recorder/ County Clerk Office. The recorded executed copy will be filed with the City Clerk.
203
The foregoing resolution was passed and adopted this 10th day of January 2022, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVE AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 204
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VICINITY MAP
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205

ATTACHMENT C

SUBDIVISION IMPROVEMENT AGREEMENT

BY AND BETWEEN THE CITY OF LATHROP AND
RIVER ISLANDS STAGE 2B, LLC, A DELAWARE LIMITED LIABILITY COMPANY FOR TRACT 4092 VILLAGE " GG2" 62 RESIDENTIAL LOTS

RECITALS
A. This Agreement is made and entered into this lOth day of January 2022, by and between the CITY OF LATHROP, a municipal corporation of the State of California( hereinafter" CITY") and River Islands Stage 2B, LLC, a Delaware limited liability company, ( hereinafter SUBDIVIDER").

B. Pursuant to Division 2 of Title 7 of the Government Code of the State of California and the CITY' s Subdivision Regulations ( City of Lathrop, Code of Ordinances, Chapter 16), SUBDIVIDER is required to make dedications and improve Tract 4092. However, SUBDIVIDER has completed a significant portion of public infrastructure improvements associated with Tract 4092 ( Village " GG2") located within the Lakeside East District of River Islands Phase 1, which also includes major streets necessary to access the site. Performance and Labor & Material securities have been provided with the SIA for Tract 4091 that guarantee the unfinished improvements for Village " GG", which includes Tract 4092, in the amount shown in Section 8, and therefore no additional security is needed for Tract 4092.

C. SUBDIVIDER has completed a portion of the joint trench improvements for Tract 4092 and as noted in Recital B, security shall be required for the unfinished portion of these improvements, along with other required infrastructure associated with Tract 4092 and Village GG" overalL Improvement plans, and street light plans prepared by Power Systems Design, Inc. have already been approved by the City. The street, sidewalk, underground utility, storm drainage, streetlight and joint trench improvements ( hereinafter " Improvements") are substantially completed and minor improvements not yet constructed as part of the required infrastructure for Tract 4092 are required security as outlined in this Agreement is required.

NOW THEREFORE in consideration of CITY' S pending approval and acceptance of the Improvements upon their satisfactory completion, and in consideration of SUBDIVIDER' S construction of Improvements in strict accordance with the terms of this Agreement, all applicable laws, statutes, ordinances, rules and regulations currently in force and effect in CTTX, the terms and conditions of which are incorporated herein by this reference, the parties hereto mutually covenant and agree as follows:
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1. SUBDIVIDER shall complete construction of, or cause construction to be completed at its sole cost and expense, the Improvements for all of the lots within the Lakeside East neighborhood, to the limits identified in Exhibit" A", including the public landscaping, streetlight and joint trench improvements. A Vicinity Map is included as Exhibit " B".

All improvements shall be constructed to the satisfaction and approval of the City Engineer, in a good and workmanlike manner in accordance with the above referenced improvement plans and specifications, the improvement standards and specifications of the CITY' S Department of Public Works, the applicable Ordinances of the City of Lathrop and the California Subdivision Map Act.

2. SUBDIVIDER shall complete the Improvements, including all deferred and unfinished improvements, prior to occupancy of the last home constructed in Tract 4092 that is conveyed to a private interest not associated with the transfer of title of Tract 4092 associated with the filing of Tract 4092 ( homebuilder), prior to the completion and occupancy of the last production dwelling unit associated with Tract 4092, or January 10, 2023, whichever comes first. Such occupancy shall be documented by CITY in the form of a Certificate of Occupancy or Final Building Permit.

3. CTTY, or its agent( s), shall, at any time during the progress of the Improvements, have free access thereto, and shall be allowed to examine the same and all material to be used therein. If the Improvements or any part thereof are not completed in strict compliance with the standards set forth in Paragraph 1 above, CITY may refuse to accept and may reject the defective Improvements and/ or materials therein.

4. SUBDIVIDER shall secure the services of skilled personnel necessary to construct the Improvements. CITY is not skilled in these matters and relies upon the skill of the SUBDIVIDER to ensure that the construction of the Improvements is in the most skillful and durable manner.

5. CITY' S acceptance of the Improvements does not operate as a release of SUBDIVIDER from any guarantee hereunder.

6. SUBDIVIDER guarantees and warrants that the Improvements shall be constructed in compliance with the standards set forth in Paragraph 1 above, free from any defects in work or labor done, and from any defects in materials furnished. Further, SUBDIVIDER shall repair and maintain the Improvements in good condition and in accordance with CITY specifications for one 1) year after CITY' S acceptance of the Improvements. As required by this Agreement, prior to acceptance of the Improvements, SUBDIVIDER shall deposit with the City Engineer a Warranty Bond in the amount of $ 332, 426 to insure SUBDIVIDER' S repair and warranty of the Improvements in accordance with the terms of this Agreement. The Warranty Bond shall be released at the end of the one year guarantee period, provided there are no claims against it are then outstanding.

7. If SUBDIVIDER, in whole or in part, abandons the Improvements, or unnecessarily or unreasonably delays construction of the Improvements, fails to complete construction of the Improvements within the time specified in this Agreement, or fails to repair. 207
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Replace or reconstruct any defects, as set forth in Paragraph 6 above, CITY may, but is not required to, proceed to complete and/ or repair, replace, or reconstruct the Improvements, either by itself or by contract for such service, and CITY may cause to be forfeited such portion of any security deposited therein as is necessary to cover the costs of completion, repair, replacement, or reconstruction incurred by CITY.

Once action is taken by CTTY to complete, repair, replace and/or reconstruct the Improvements, SUBDIVIDER shall be responsible for all costs incurred by CITY, even if SUBDIVIDER subsequently completes the work.

The CITY shall have recourse against SUBDIVIDER for any and all amounts necessary to complete the obligations of SUBDIVIDER in the event the security ( including but not limited to any Letter of Guarantee, Certificate of Deposit, cash, bond for performance, labor and materials and repair and maintenance, letter of credit or cash deposit) therefore is insufficient to pay such amounts. All administrative costs, including reasonable attorney' s fees pursuant to Government Code Section 66499.4, incurred by the CITY, in addition to the costs of the improvements shall be a proper charge against the security and SUBDIVIDER. In the event it becomes necessary for CITY to bring an action to compel performance of this Agreement or to recover costs of completing such improvements, SUBDIVIDER shall pay reasonable attorney' s fees, costs of suit and all other expenses of litigation incurred by CITY in connection therewith.

8. Because the Improvements are not entirely complete, the SUBDIVIDER is required to only post Performance or Labor & Materials bonds to guarantee the unfinished improvements associated with Tract 4092 as included and described in Exhibit " D" of this Agreement.

Performance and Labor& Material securities have been provided with the SIA for Tract 4091 that guarantee the unfinished improvements for Village " GG", which includes Tract 4092, in the amount shown in Table 1 below and therefore no additional security is needed for Tract 4092.

SUBDIVIDER shall also comply with CITY' S insurance requirements set forth on Exhibit " C" attached hereto and incorporated herein.

Table 1 — Bond Values
Unfinished Improvement Total: 221, 440
Performance Bond of Total Improvements ( Bond No. 0799657): 664,852 Labor & Materials Bond 50 ° Io of Performance Bond ( Bond No. $ 332, 426 0799657)

9. Any alteration( s) made to the plans and specifications, which are a part of this Agreement, or any provision of this Agreement shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part thereof. The above referenced sureties hereby consent to such alterations and waive the provisions of California Civil Code Section 2819.

10. Neither the CITY nor any of its officers, employees or agents shall be liable to SUBDIVIDER, and/ or SUBDNIDER' S agents, contractors or subcontractors for any error or omission arising out of or in connection with any work to be performed under this Agreement. 208
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11. Neither the CITY nor any of its officers, employees, or agents, shall be liable to the SUBDIVIDER or to any person, entity, or organization, for any injury or damage that may result to any person or property by or from any cause in, on, or about the subdivision of all or any part of the land covered by this Agreement.

12. SUBDIVIDER hereby agrees to, and shall hold CITY, its elective and appointive boards, commissions, officers, agents and employees ( collectively, " Indemnitees"), harmless from any liability for damage or claims which may arise from SUBDIVIDER and/ or SUBDIVIDER' S contractors, subcontractors, agents, or employees' operations under this Agreement, whether such operations be by SUBDIVIDER or by any SUBDIVIDER contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, SUBDIVIDER or any of SUBDIVIDER' S contractors or subcontractors. SUBDIVIDER shall, at its own cost and expense, defend any and all actions, suits, or legal proceedings or any type that may be brought or instituted against CITY and indemnities on any claim or demand, of any nature whatsoever, and pay or satisfy any judgment that may be rendered against CTTY and the Indemnitees in any such action, suit or legal proceedings, resulting from or alleged to have resulted from SUBDIVIDER' S performance or non- performance of his duties and obligations under this Agreement, or from the negligent act or omission of himself, his agents, contractors, representatives, servants ar employees. The promises and Agreement to indemnify and hold harmless set forth in this section is not conditioned or dependent on whether or not any indemnity has prepared, supplied or approved any plan or specification in connection with this work or subdivision, whether or not any such indemnity has insurance or indemnification covering any of these matters. CITY does not, and shall not; waive any rights against SUBDIVIDER which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by CITY of any deposit with CITY by SUBDNIDER. The aforesaid hold harmless agreement by SUBDIVIDER shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not CITY has prepared, supplied or approved of, plans and/ or specifications for the subdivision.

13. Neither SUBDIVIDER nor any of SUBDIVIDER' S agents, contractors or subcontractors are, or shall be, considered to be agents of CITY in connection with the performance of SUBDIVIDER' S obligations under this Agreement.

14. Prior to acceptance of the Improvements by the City Council, the SUBDIVIDER shall be solely responsible for maintaining the quality of the Improvements, and maintaining safety at the project site. The SUBDIVIDER' S obligation to provide the Improvements shall not be satisfied until after the City Engineer has made a written determination that all obligations of the Agreement have been satisfied and all outstanding fees and charges have been paid, and the City Council has accepted the Improvements as complete. The CITY and SUBDIVIDER have formed Community Facilities Districts to finance maintenance and i'mprovements. The CTTY expects to preserve the ability to use future special taxes of the CFD far payment of the cost of acquisition of the Improvements, which may require that acceptance of improvements by CTTY be subject to the provisions of an acquisition agreement to be entered into by the CITY and SUBDIVIDER 209
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providing that CITY expects to be paid or reimbursed acquisition costs through future CFD special taxes. SUBDIVIDER shall cooperate to facilitate such method of acquisition.

15. SUBDIVIDER shall pay service fees for the utility services from the time the Improvements are accepted by the CITY to the end of the fiscal year, or up to a one( 1) year period, whichever is needed to ensure an opportunity for the Improvements to be included in the next fiscal year annual assessment.

17. SUBDIVIDER shall not assign this Agreement without the prior written consent of CITY.

The SUBDIVIDER shall comply with all local, state and federal laws, whether or not said laws are expressly stated in this Agreement.

19. This Agreement and any amendments hereto comprise the entire understanding and agreement between the parties regarding the improvements to be constructed and dedications for Tract 4092.

20. The following miscellaneous provisions are applicable to this Agreement:
a. Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the laws of the State of California. b. Definitions. The definitions and terms are as defined in this Agreement. c. Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.
d. Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. e. Incorporation of Documents. All documents referred to herein and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated herein and shall be deemed to be part of this Agreement. 210
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f. Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. g. Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
h. Successors and Assigns. Except as otherwise expressly provided herein, the provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
i. Time of the Essence. Time is of the essence of this Agreement and each of its provisions.

ATTACHMENTS:

EXHIBIT A FINAL MAP - TRACT 4092
EXHIBIT B TRACT 4092 AND VILLAGE " GG2" AREA
EXHIBIT C: CITY INSURANCE REQUIREMENTS
EXHIBIT D: UNFINISHED IMPROVEMENT COST ESTIMATE AND VILLAGE " GG"

IMPROVEMENTS COST ESTIMATE
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this lOth day of January 2022, at Lathrop, California.

ATTEST: TERESA VARGAS CITY OF LATHROP, a
City Clerk of and for the City municipal corporation of the of Lathrop, State of California State of California
BY: BY:

Teresa Vargas Date Stephen J. Salvatore Date
City Clerk City Manager

APPROVED AS FORM BY THE CIT OF L OP CITY ATTORNEY
BY:

I 7il I Salvador Navarrete Date
City Attorney
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SUBDIVIDER
River Islands Stage 2B, LLC,
a Delaware limited liability company
BY:

Susan Dell' Osso
President
213
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EXHIBIT " A"
FINAL MAP - TRACT 4092
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Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4092 Village " GG2"

Page 10 ends

EXHIBIT " B"
TRACT 4092 VILLAGE " GG2" AREA
223
j
b
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A/
VILLAGE GG BOUNDARY J. _ ^ ' y
b
TRACT 4091 f
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A

VILLAGE HH
a'
TRACT 4091
3 cF
p
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MFo
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Q VILLAGE KK
0 YS
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VILLAGE F F
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RiS VILLAGE EE
NOs,
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VILLAGE GG

VICINITY MAP
AUGUST 2021
224
Subdivision Improvement Agreement ( River Islands Stage 2B, LLC) Tract 4092 Village " GG2"

Page 11 ends

EXHIBIT " C"

CITY INSURANCE REQUIREMENTS
L The Subdivider shall obtain commercial general liability insurance companies licensed to do business in the State of California with an A.M. Best Company rating Insurance rating of no less than A:VII which provides coverage for bodily injury, personal injury and property damage liability in the amount of at least $ 1, 000, 000 for each occurrence and $ 2,000, 000 in the aggregate.

Said insurance coverage shall be evidenced by a certificate of insurance with policy endorsements, executed by an authorized official of the insurer( s). All parties to the Subdivision Improvement Agreement must be named insured on the policy. The policy endorsements to be attached to the certificate must provide all the following:
a. Name the City of Lathrop, its officers, City Council, boards and commissions, and members thereof, its employees and agents as additional insured as respects to any liability arising out of the activities of the named insured. A CG 2010 or CG 2026 endorsement form or the equivalent is the appropriate form.
b. State that " the insurance coverage afforded by this policy shall be primary insurance as respects to the City of Lathrop, its officers, employees and agents. Any insurance or self-insurance maintained by the City of Lathrop, its officers, employees, or agents shall be in excess of the insurance afforded to the named insured by this policy and shall not contribute to any loss.
c. Include a statement that, " the insurer will provide to the City at least thirty ( 30) days priar notice of cancellation or material change in coverage." The above language can be included on the additional insured endorsement form or on a separate endorsement form. d. The policy must contain a cross liability or severability of interest clause. e. Insurance must be maintained and evidence of insurance must be provided far at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
225
A
o!zo CERTIFICATE OF LIABILITY INSURANCE

DATE MM/ DDIYYYY)
11/ 23/ 2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.

PRODUCER NAMEACT MICI12II2 S8f1CI18Z
Alliant Insurance Services, IIC. PHONE FAX
333 S Hope St Ste 3750
E- MAILo Ext: AIC No:

Los Angeles CA 90071 aonRess: Michelle. Sanchez alliant. com INSURER( S) AFFORDING COVERAGE NAIC#
icense#: oC36861 INSURER A: UIlIt2CI S ecialty Insurance Com 12537 INSURED RIVEISL- 01 INSURER B:

River Islands Stage 2B, LLC
73 W. Stewart iNsuRea c:

Lathrop CA 95330 iNsuReR o: _____
INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 1072953764 REVISION NUMBER:

INSR
7ypE OF INSURANCE

ADDL SUBR POLICY EFF POLICY EXP

LIMITS LTR IN D POLICY NUMBER MM/ DDIWYY MM/ DD/ YYYY
A X COMMERCIALGENERAL uAeILI7Y Y
I ATN2117764P 3/ 19/ 2021 3/ 19/ 2022 EACH OCCURRENCE 2, 000, 000

DAMAGETORENTED

CLAIMS- MADE OCCUR I
PREMISES( Ea occurrence
MED EXP( Any one person) $
PERSONAL& ADV INJURY $ 1, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 3 2, 000, 000 POLICY E LOC PRODUCTS- COMP/ OP AGG S 2, 000, 000
OTHER:

AUTOMOBILELIABILITY
COMBINEDSINGLELIMIT $
Ea accident
ANY AUTO BODILY INJURY( Per person) S
OWNED SCHEDULED BODILY INJURY( Per accident) $

AUTOS ONLY AUTOS

HIRED NON- OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident

UMBRELLALIAB OCCUR I EACHOCCURRENCE

I EXCESSLIAB CLAIMS- MADE AGGREGATE
DED RETENTION$
WORKERS COMPENSATION PER OTHAND EMPLOYERS' LIABILITY Y N

STATUTE ER

ANYPROPRIETOR/ PARTNER/ EXECUTIVE
I N A
E. L EACH ACCIDENT
OFFICER/ MEMBER EXCLUDED?
Mandatory in NH) I E. L. DISEASE- EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: FM 4092 GG2
City of Lathrop, its officers, City Council, boards and commissions and members thereof, its employees and agents are included as Additional Insureds as respects to General Liability. General Liability shall be Primary and Non- Contributory with any other insurance in force for or which may be purchased by City of Lathrop, its officers, employees and agents.

CERTIFICATE HOLDER CANCELLATION

SWOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ,

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

City of Lathrop
390 Towne Centre Drive
Lathrop CA 95330

AUTHORIZEDREPRESENTATIVE
f'`/,.' t.---`
O 1988- 2015 ACORD CORPORATION. All rights reserved.

ACORD 25( 2016/ 03) The ACORD name and logo are registered marks of ACORD 226
POLICY NUMBER: ATN217764P COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

1. Your acts or omissions; or
furnished in connection with such work, on the

2. The acts or omissions of those acting on your behalf; project( other than service, maintenance or repairs) to be perFormed by or on behalf of the additional
in the performance of your ongoing operations for insured( s) at the location of the covered operations the additional insured( s) at the location( s) has been completed; or designated above. 2. That portion of" your work" out of which the injury or damage arises has been put to its
However: intended use by any person or organization other

1. The insurance afforded to such additional insured only than another contractor or subcontractor engaged
applies to the extent permitted by law; and in performing operations for a principal as a part of

CG 20 10 04 13 O Insurance Services Office, Inc., 2012 Page 1 of 2 227
C. With respect to the insurance afforded to 2. Available under the applicable Limits of these additional insureds, the following is added to Insurance shown in the Declarations; Section III— Limits Of Insurance: whichever is less.

If coverage provided to the additional insured is
This endorsement shall not increase the applicable
required by a contract or agreement, the most we Limits of Insurance shown in the Declarations. will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

Page 2 of 2 ends

228
Policy# ATN217764P
United Specialty Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

VEN 051 00 ( 02/ 20)

PRIMARY AND NON- CONTRIBUTING INSURANCE ENDORSEMENT
This endorsement modifies the Conditions provided under the following:

Primary and Non- Contributory Insurance
Any coverage provided to an Additional Insured under this policy shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless:
a. ( 1) The Additional Insured is a Named Insured under such other insurance; and
2) A fully written contract fully executed prior to the Named Insured' s commencement of work for such Additional Insured for the specificproject that is the subject of the claim, " suit," or " occurrence" expressly requires that this insurance:
i) apply on a primary and non- contributory basis;
and
ii) would not seek contribution from any other insurance available to the additional insured.
or
b. Prior to a loss, you request in writing and we agree in writing that this insurance shall apply on a primary and non- contributory basis.

Name Of Person s Or Or anization s
As Required By Written Contract, Fully Executed Prior To The Named Insured' s Work.

All other terms, conditions and exclusions under this policy are applicable to this Endorsement and remain unchanged.

VEN 051 00( 02/ 20) Page 1 of 1
229
Policy: ATN217764P

UNITED SPECIALTY INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

VEN 064 00 ( 01/ 15)

THIRD PARTY CANCELLATION NOTICE ENDORSEMENT
This endorsement modifies the Conditions provided under the following:

Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy.

VEN 064 00( 01/ 15) Page 1 of 1
230
Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4092 Village " GG2"

Page 12 ends

EXHIBIT " D"

UNFINISHED IMPROVEMENT COST ESTIMATE
AND VILLAGE " GG"— FULL IMPROVEMENT COST
231
ENGiNEEfC1NG
ENGINEER' S BOND ESTIMATE August 11, 2021
COST TO COMPLETE Job No.: 25503- 48
RIVER ISLANDS- Stage 2B
VILLAGE GG( 110 LOTS)

CITY OF LATHROP, SAN JOAQUIN COUNTY, CALIFORNIA
Item Description Quantity Unit Unit Price Amount
1 Sanitary Sewer Raising Iron& Setting SSCO boxes( o/ Completion) 1 LS $ 55, 300. 00 $ 55, 300. 00 2 Storm Drain Raising Iron( o/ Completion) 1 LS $ 2, 400. 00 $ 2, 400. 00 3 Domestic Water Raising Iron& Setting Water Boxes( 0/ Completion) 1 LS $ 58, 800. 00 $ 58, 800. 00 4 Joint Trench( 60% Completion) 1 LS $ 75, 500. 00 $ 75, 500. 00 5 AC Paving( o% Completion) 1 LS $ 14, 400. 00 $ 14, 400. 00 6 Striping& Mounments( o% Completion) 1 LS $ 15, 000. 00 $ 15, 000. 00 TOTAL COST TO COMPLETE $ 221, 400. 00
Notes:
1) Estimate for cost to complete based on contractor' s note for Village GG dated OS/ 11/ 2021 62DQ ST NERIDGE fviA L ROAD. SUITE 33Q, PLEASRNTt N. CA 9d58 P: 925. 223.83 9 • F209 577 2466 T: 25503- River Islands\ Phase 48- Village GG\ Word 8 Excel\ Cos[ Estimate\ Cost ta Complete 2021- 0& 11 2021- 08- 11 Village GG Cost To Complete. xls\ Improvements 232
NG7N£ EfZ1NG
ENGINEER' S PRELIMINARY COST ESTIMATE May 6, 2019
VILLAGE GG( 110 UNITS) Job No.: 25503- 48
STAGE 2B

RIVER ISLANDS

CITY OF LATHROP, SAN JOAQUIN COUNTY, CALIFORNIA
Item Description Quantity Unit Unit Price Amount

ROADWAY
1 Fine Grading 301, 700 SF $ 0. 45 $ 135, 765. 00
2 3" AC Paving 102, 800 SF $ 1. 50 $ 154, 200. 00
3 4. 5" AC Paving 63,900 SF $ 2.25 $ 143, 775. 00
4 6" Aggregate Base 29, 200 SF $ 0. 90 $ 26, 280. 00
5 7" Aggregate Base 73, 700 SF $ 1. 05 $ 77, 385. 00
6 8" Aggregate Base 63, 800 SF $ 1. 20 $ 76,560. 00
7 Vertical Curb and Gutter( with ae cush; on) 2, 600 LF $ 15. 00 $ 39,000. 00 g Rolled Curb and Gutter( with AB cushion) 7, 100 LF $ 15. 00 $ 106,500. 00 9 Concrete Sidewalk 48, 100 SF $ 5. 00 $ 24D, 50D. 00
10 Driveway Approach 110 EA $ 600. 00 $ 66,000. 00
11 Handicap Ramps 6 EA $ 2, 500. 00 $ 15, 000. 00
12 Survey Monuments 22 EA $ 300. 00 $ 6,600. 00
13 Traffic Signing& Striping 4, 540 LF $ 5. 00 $ 22, 700. 00 4 Dewatering( budget) 4, 540 LF $ 75. 00 $ 340, 500. 00 Subtotal Roadway 1, 450, 765. 00

STORM DRAIN
15 15" Storm Drain Pipe 390 LF $ 34. 00 $ 13, 260. 00
16 18" Storm Drain Pipe 980 LF $ 46. 00 $ 45, 080. 00
17 24" Storm Drain Pipe 850 LF $ 65. 00 $ 55, 250. 00
18 30" Storm Drain Pipe 140 LF $ 80.00 $ 11, 200. 00
g Catch Basins( type A inlet) 23 EA $ 2, 400. 00 $ 55, 200. 00 2p Catch Basins( type A inlet over type Il manhole base) 1 EA $ 5, 000.00 $ 5, 000. 00 2 Catch Basins( type C inlet overtype I manhole base) 1 EA $ 1, 200. 00 $ 1, 200. 00 22 Manholes ( type p 2 EA $ 3, 000.00 $ 6, 000. 00
23 Manholes( type ll) 1 EA $ 7, 500. 00 $ 7, 500. 00
24 Storm Drain Outfall 1 EA $ 10, 000. 00 $ 10, 000. 00 25 Cannect to Existing 5 EA $ 1, 700. 00 $ 8, 500. 00
Subtotal Storm Drain 218, 190 00

SANITARY SEWER
26 8" Sanitary Sewer Pipe 3, 800 LF $ 28. 00 $ 106, 400. 00 27 Manholes 21 EA $ 4, 000. 00 $ 84, 000. 00
28 Sewer Service 110 EA $ 600. 00 $ 66, 000. 00
29 Connect to Existing 6 EA $ 3, 000. 00 $ 18, 000. 00
Subtotal Sanitary Sewer 274, 400. 00
E20u STONERIDGE tv'.ALL RGA. 5! 1- E 330. PLEASANTOPJ. CA 94588 • P: 9? 5. 223. 834^u • F 09. 571. 246E T\ 25503- River Islands\ Phase 48- Vdlage GG\ Word& E cel\ Cost Estimzte\ Stage 28 Village GG Cost Ettimate\ Village GG 233
NG1NE£ R1NG
Item Description Quantity Unit Unit Price Amount

WATER SUPPLY
30 8' Water Line( including aU appurtenances) 4, 710 LF $ 32. 00 $ 150,720. 00 31 8" GV 17 EA $ 1, 550. 00 $ 26, 350. 00
32 1- 1/ 2" Water Service 110 EA $ 2, 000. 00 $ 220, 000. 00 33 2" Water Service 2 EA $ 2, 000. 00 $ 4,000. 00
34 Fire Hydrants 11 EA $ 4, 000. 00 $ 44,000. 00
35 Blow- Off 7 EA $ 4,000. 00 $ 28, 000. 00
36 ARV 7 EA $ 2, 500. 00 $ 17, 500. 00
37 Connect to Existing 5 EA $ 4, 000. 00 $ 20, 000. 00
Subtotal Water 510, 570. 00

NON- POTABLE WATER
38 10" Non- Potable Water Line( including al! appurtenances) 230 LF $ 35. 00 $ 8,050. 00 39 Non- Potable Water Service 1 EA $ 2, 000. 00 $ 2,000. 00 40 Blow- Off 1 EA $ 4, 000. 00 $ 4, 000. 00
41 Connect to Existing 1 EA $ 300. 00 $ 300. 00
Subtotal Non- Potable Water 14, 350. 00
TOTAL CONSTRUCTION COST( nearest$ 1, 000) $ 2, 469, 000. 00 COST PER LOT $ 22,445. 00
Notes:
1) Unit prices are based on estimated current construction costs and no provision for inflation is included. 2) This estimate does noi include surveying, engineering, clearing, grading, erosion control, tandscaping, irrigation, or street trees. 62CG St0 1FRIDGE MALL ROAD S 4TE 33D, PLEASAMTCN. CA9d53 c P 925= 23 83•i'? • F: 209. 57',. 2- 50 T\ 75503- Rrver Islands\ Pnase 48- Village GG\ N/ ord& Ezcel\ Cost Estimatc\ Stagc 28 Villagc GG Cost Estimate\ V Ilage GG 234

ATTACHMENT D

JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAPS

This letter constitutes the joint escrow instructions (" Escrow Instructions") of River Islands Stage 2B, LLC, a Delaware limited liability company (" RIS2B') and the City of Lathrop (" City') in connection with the above-referenced escrow ("Escrovd'). The Escrow was opened in connection with recordation of the above- referenced final map (" Final Map"). Recordation of the Final Map is subject to the conditions set forth below. The transactions described in these Escrow Instructions are referred to as the " Transaction." Old Republic Title Company is referred to as " you" or " ORTC." A. Date for Closinqs
The Final Map will be recorded at the time designated by RIS2B as set forth below. The Final Map can only be recorded after the City has approved the map in writing. The closing date for the Transaction is intended to occur by June 30, 2022, at the time designated in writing by RIS2B, subject to satisfaction of the conditions set forth below ( each a C/ osing'). If the Final Map has not been recorded by December 31, 2022, ORTC will return the Final Map to the City.

B. 1. One original Final Map for Tract 4092, executed and acknowledged by the City (provided to title by City).

B. 2. One original Common Use Agreement with Island Reclamation District No. 2062 for portions of Abernathy Court, including Offer of Dedication for Public Utility Easements ( provided to title by City).

The documents listed in Items B. 1 and B. 2 above are referred to as the " Recordafion Documents." The Recordation Documents shall be recorded in the order referred to above. The date on which the Recordation Documents are recorded in the Official Records is the Recordation Date.

C. Funds and Settlement Statement
You also have received, or will receive from RIS2B, prior to the recordation of the Recordation Documents, in immediately available funds, the following amounts, in accordance with the settlement statement prepared by you and approved in writing by both RIS2B and City ("Seftlement Statemenf'): recordation costs, escrow fees and other 1 235

JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAPS

RIVER ISLANDS AT LATHROP)
amounts as set forth in the Settlement Statement. Such costs, fees and other amounts are the sole responsibility of RIS2B.

Funds to be wire transferred directly to the entity set forth below, immediately upon recordation of the Final Map, in accordance with the wire transfer instructions for each entity are as follows: The amount of$ 39, 104. 00, payable to the City pursuant to that certain Agreement to Settle Litigation Regarding River Islands at Lathrop as amended " Sierra Club Agreemenf'), constituting the amount of $3,328. 00 multiplied by 11. 75 acres ( or portion thereof) included in the Final Map, is to be transferred to the City upon recordation of the Final Map. The City' s wire instructions are set forth below.

D. 1. You have delivered copies of your Settlement Statement by email transmission to: ( a) Susan Dell' Osso ( sdellosso@riverslands. com); ( b) Debbie Belmar dbelmar@riverislands. com); ( c) Brad Taylor ( btaylor@ci. lathrop. ca. us); ( d) Salvador Navarrete snavarrete@ci. lathrop. ca. us; e) Glenn Gebhardt qgebhardt@ci. lathrop. ca. us), ( f) Sandra Lewis ( slewis@ci. lathrop. ca. us), and have confirmation ( by telephone or email) from Susan Dell' Osso and Glenn Gebhardt or Brad Taylor that the Settlement Statement is accurate and acceptable; D. 2. You have not received any instructions contrary to these Escrow Instructions;
D. 3. The Recordation Documents and all other documents described herein as being held by you or delivered to you have been received by you and have been fully executed and, where applicable, acknowledged, and you have attached all legal descriptions or have confirmed that all exhibits and legal descriptions are attached; D. 4 You are prepared to record the Recordation Documents, as designated, release funds in accordance with the Settlement Statement and complete the Transaction in compliance with these Escrow Instructions; D. 5. You have delivered a copy of these instructions, executed by an authorized signatory of ORTC with authority to bind ORTC, and initialed all pages, by email transmission ( with original hard copy to follow by U. S. Mail) to Debbie Belmar and Glenn Gebhardt at the email addresses set forth above; and D. 6. You have received confirmation ( by email or other writing) from Susan Dell' Osso and Stephen Salvatore or Glenn Gebhardt to record the Recordation Documents and complete the Transaction.

E. Closinq Process and Priorities
When you have fuilly satisfied all of the closing requirements set forth in Section D, then you are authorized and instructed to do the following in the chronological order given:

E. 1. Date the Recordation Documents to be recorded;
E. 2. Record the Recordation Documents in the Official Records; 2 236

JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAPS

RIVER ISLANDS AT LATHROP)
E. 3. Pay the costs associated with the Transaction;
E. 4. Refund any funds delivered to you by RIS2B that are not disbursed at the time of the final Closing pursuant to these Escrow Instructions to the following entity and address:

River Islands Stage 2B, LLC
73 W. Stewart Road
Lathrop, CA 95330
Attn: Susan Dell' Osso
E. 5. Notify Susan Dell' Osso ( sdellossoC riverslands. com), Debbie Belmar( dbelmar@riverislands. com), Glenn Gebhardt ( qqebhardt@ci. lathrop. ca. us), Brad Taylor( btaylor@ci. lathrop. ca.us), Sandra Lewis ( slewis@ci. lathrop. ca. us), Teresa Vargas tvargas@ci. lathrop. ca. us), Sarah Pimentel ( s imentel@ci. lathrop. ca. us), and Jose Molina (JMolina@sigov. orq) of the completion of the Transaction; E. 6. Within five ( 5) business days after each Recordation Date, deliver by overnight delivery via recognized, national, overnight delivery carrier to: ( 1) Susan Dell' Osso, River Islands Stage 2B, LLC, 73 W. Stewart Road, Lathrop, CA 95330; and 2) Mr. Glenn Gebhardt, City Engineer, City Attorney, City of Lathrop, 390 Towne Centre Drive, Lathrop, CA 95330:

A) a certified copy of the Recordation Documents, showing all recording information of the Recordation Documents; and B) a certified copy of the final Settlement Statement.

F. Additionallnstructions
When assembling the final documents, signature pages from all parties shall be inserted into each respective final document in creating fully executed counterparts.

The Escrow Instructions may be modified only in a writing signed by both of the undersigned.

Very truly yours,
Stephen J. Salvatore Date Susan Dell' Osso Date
City Manager President
City of Lathrop River Islands Stage 2B, LLC
3 237

JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAPS

RIVER ISLANDS AT LATHROP)

ESCROW INSTRUCTIONS
ACKNOWLEDGEMENT AND AGREEMENT:

Receipt of the foregoing Escrow Instructions from RIS2B and the City is hereby acknowledged. The undersigned agrees, for itself, and on behalf of ORTC, to proceed in strict accordance with these Escrow Instructions. The undersigned represents and warrants to RIS2B and the City that the undersigned is authorized to execute this Acknowledgement and Agreement, for itself, and on behalf of ORTC.

Old Republic Title Company
By:
its:

Date:
4 238

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ATTACHMENT F

RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:

CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment ofrecording fees( GC 27383)

SPACE ABOVE THIS LINE FOR RECORDER' S USE

COMMON USE AGREEMENT
FOR THE STAGE 2B PORTION LEVEE EASEMENTS THAT AFFECT

ABERNATHY COURT

AND ADJACENT PUBLIC UTILITY EASEMENT

BY AND BETWEEN THE

CITY OF LATHROP
AND
ISLAND RECLAMATION DISTRICT NO. 2062
This COMMON USE AGREEMENT FOR ABERNATHY COURT AND ADJACENT PUBLIC UTILITY EASEMENT, associated with Phase 1 of River Islands at Lathrop entered into on January 10, 2022 (" Agreement") and is made and entered into by ISLAND RECLAMATION DISTRICT NO. 2062, a reclamation district organized under the laws of the State of California ( the District"), and the CITY OF LATHROP, a municipal corporation in the State of California ( the Clt/ n tOgOtllel' tlle PaT' t18S.

RECITALS
A. This Agreement relates to certain real property to be dedicated to City far public right of way purposes known as Abernathy Court, a cul- de- sac within the River Islands at Lathrop Master Planned Community (" River Islands Site"), being developed by River Islands Stage 2B, LLC (" Owner").

B. The Agreement also sets forth the process and includes a Grant Deed ( included herein as Exhibit" B" to this Agreement) from the underlying fee property Owner, that will dedicate public utility easements ( PUEs) adjacent to the rights of way of Abernathy Court that extend into the levee easement of the District.

C. On May 31, 2018, the District recorded easements across properties owned by Califia, LLC, and Owner for the right to control and maintain the levees constructed by District for flood protection purposes to protect development of both the Stage 2A and Stage 2B sub- planning areas of the River Islands Site (" Levee Easements").
247
D. Owner has proposed Tract 4092, a final map that will create a single-family subdivision within the Stage 2B sub- planning of the River Islands Site, specifically located within Village GG. Tract 4092 contains Abernathy Court, a cul- de- sac with PUEs that extend into a portion of the existing Levee Easements (" Village GG Portion of Abernathy Court"), as depicted on Exhibit" A" to this Agreement.

E. Since the Levee Easements have been recorded to provide appropriate legal access and authority to District for its flood protection works (" District Works") in accordance with the State Water Code and applicable FEMA regulations, and these levees are designed to provide 200- year Urban Level of Flood Protection ( ULOP) in accordance with approved State Department of Water Resources Standards, prior to the approval of Tract 4092 and the dedication of right of way for the Village GG Portion of Abernathy Court, the Parties acknowledge and agree that it is necessary for the Parties to enter into an agreement to outline the duties and responsibilities of each Party, for the betterment of the public and to avoid conflicts in each Party's individual obligations under applicable law to those portions of Abernathy Court right of way and PUEs located within portions of the Levee Easements(" Common Use Area") necessary for public utility services allowed and regulated by CITY.

AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth, the Parties do hereby agree as follows:

1. City hereby agrees to the construction, reconstruction, maintenance or use by District of the District Works located within the Common Use Area which is more particularly depicted on Exhibit " A" to this Agreement, incorporated herein by this reference.

2. District hereby agrees to the construction, reconstruction, maintenance or use by City of the Village GG Portion of Abernathy Court within the Common Use Area which is more particularly depicted on Exhibit " A" to this Agreement, incorporated herein by this reference.

3. District and City acknowledge the priority of title of each other wherever applicable to the Common Use Area.

4. District has reviewed the Village GG improvement plans for surface improvements, underground pipelines, street lighting, landscaping and joint trench construction prepared by O' Dell Engineering and Power Systems Design and has no objections to the design and proposed construction of the facilities on these improvement plans that are located within the Common Use Area.

5. In the event that the future use of the Village GG Portion of Abernathy Court shall at any time necessitate rearrangement, relocation or reconstruction of any of the District's works within the Common Use Area, City shall notify District in writing of such necessity pursuant to applicable sections of the Water Code and City agrees to pay the cost of such rearrangement, relocation or reconstruction of District' s works following approval of all plans and specifications of said rearrangement, relocation, or reconstruction by the District, which approval shall not be unreasonably withheld.
248

6. In the event that the future use of the District Works shall at any time necessitate rearrangement, relocation or reconstruction of any of the Village GG Portion of Abernathy Court within the Common Use Area, District shall notify City in writing of such necessity and District agrees to pay the cost of such rearrangement, relocation or reconstruction of Village GG Portion of Abernathy Court following approval of all plans and specifications of said rearrangement, relocation, or reconstruction by the City, which approval shall not be unreasonably withheld.

7. City shall pay the cost to maintain, repair or replace City' s facilities located in the Common Use Area at its sole expense, and for construction, rearrangement, modification, alteration or relocation not requested or undertaken by District, except for damage resulting from maintenance, repair or replacement by District.

8. District ar its assignees shall pay the cost to maintain, repair and replace District' s facilities located in the Common Use Area at its sole expense, and for construction, rearrangement, modification, alteration or relocation not requested or undertaken by City, excepting damage resulting from maintenance, repair or replacement by City.

9. District, when working within the Common Use Area shall comply with the following provisions:
a) Except in times of emergency, including during a high water or flooding event, District shall provide reasonable notice to City before performing any wark in the Common Use Area where such work will be performed in or on the traveled way or improved shoulders, sidewalk or landscaping of the roadway or will otherwise obstruct vehicular and/ or pedestrian traffic. b) In all cases, District shall make adequate provisions for the protection of the travelling public and provide such barricades and safety devices as are required by City standards, and in cases of non- emergency, provide a Traffic Control Plan as required by City standards and specifications. c) All work shall be planned and carried out so there will be minimum inconvenience to the traveling public.
d) All work shall be replacement in kind, conform to the existing facilities as to width and depth of surfacing thereof, meet all applicable City standards and specifications as determined by the City Engineer and shall be subject to inspection by City.

10. District and City shall use said Common Use Area in such manner as to not unreasonably interfere with the rights of either Party.

11. District shall not be responsible for any damage occurring to the Ciry facilities in the Common Use Area that are not as a direct result of the District' s maintenance, construction or reconstruction activities, or from its flood control facilities located on or near the Common Use Area. All costs for repairing such damage to City' s facilities shall be borne by City.

12. City shall not be responsible for any damage occurring to District facilities in the Common Use Area that are not as a direct result of the City' s maintenance, construction or reconstruction activities of its right of way ar improvements on or near the Common Use Area. All costs for repairing such damage to District' s facilities shall be borne by District. 249
l3. District is responsible for maintaining the aesthetic, structural integrity, and safety of its pedestrian bridges constructed by District that may transverse City right of way, including the Village GG Portion of Abernathy Court, including, but not limited to the bridge decks, piers, foundations, railings, abutment walls, and ramps. City shall not be responsible for the inspection, maintenance or repair of any District pedestrian bridges, including safety inspections of the bridge structure, footings, or abutments.

14. District shall be responsible for the vegetation and weed control activities of its levee slopes and adjacent areas that may transverse the Common Use Area. City shall be responsible for any landscaping and irrigation improvements within its right of way, including within the Common Use Area. The City or its assignees shall become responsibility far weed control within portions of the Common Use Area that are landscaped by the City.

I5. Owner shall, for public purposes, dedicate the PUEs via Grant Deed included and incorporated herein as Exhibit " B" to this Agreement, for Abernathy Court. This Grant Deed shall be recorded concurrently with the recordation of the Tract 4092 final map.

16. To the extent that the City's rights to its rights of way and/ ar PUEs for Abernathy Court under the applicable laws of the State of Califarnia do not hinder or conflict with the rights of the District under applicable laws of the State of California, such rights of the District shall remain and be in full force and effect. Should any conflict with the rights of the City by rights of the District be identified, the District hereby subrogates its rights to the City, subject to review and approval of the District' s legal counsel.

17. This Agreement shall not have a prescribed term. Termination of Agreement shall only occur if the Common Use Area ceases to be in existence and the need for this Agreement and its rights and obligations contained herein cease to be necessary. Either Party may provide written notice of such termination, subject to review and verification of the other Party.

18. Notices. Any and all notices required to be given hereunder will be deemed to have been delivered upon deposit in the United States mail, postage prepaid, addressed to either of the parties at the address hereinafter specified or as later amended by either party in writing:

City of Lathrop
Attention: City Clerk
390 Towne Centre
Lathrop, CA 95330
Reclamation District No. 2062
73 West Stewart Road
Lathrop, CA 95330
Attention: President

19. This Agreement, and all terms, covenants, and conditions hereof, will apply to and bind the successors and assigns of the respective parties hereto. Neither Party will assign nor sublet this Agreement without the prior written consent of the other Party. 250

20. This Agreement is governed by California law.

21. This Agreement may not be modified or amended except in writing signed by both parties.

22. Each party must, in all activities undertaken pursuant to this Agreement, comply and cause its contractors, agents and employees to comply with all Federal, State and local laws, statutes, orders, ordinances, rules, and regulations.

23. It is expressly understood that this Agreement does not in any way whatsoever grant or convey any permanent easement, fee or other interest in a party' s real property to the other Party.

24. This Agreement, together with all exhibits attached hereto, constitutes the entire agreement between the Parties and supersedes all prior written or oral understandings. 251
IN WITNESS WHEREOF, the City and District have signed this Agreement effective as of the Effective Date.

CITY OF LATHROP
A California municipal corporation
By:

Stephen Salvatore, City Manager

ISLAND RECLAMATION DISTRICT
NO. 2062 a California reclamation
district
By:

Susan Dell' Osso, President
ATTEST:

B y:

Teresa Vargas, City Clerk
APPROVED A O FORM BY THE C Y OF LATHROP CITY ATTORNEY:

By:

Salvador V. Navarrete, City Attarney
252
EXHIBIT " A"

COMMON USE AREA DEPICTION
253
S7AGE 2B LEVEE EASEMENT
RARCEI 20 PUBUC UTlLITY EASEMENT PARCEL 2p
TRACT 4032)
r
04 S. F. t
TRACT 4032)
N82 5 8" W R N34' 35'____ 39" yy( R TOE Of EXISTING
STAGE 2B LEVEE
N31° 34' 36" E 48.48'
L4 G' C p, PARCEL E
3 CITY FARCEL
N31° 34' 36" E 71. 64'
7RACT 409t)
o N67'____ Q7' 3g" E R LL1 J L5 l.6
PARCEL F N75' 49' 12"
oy
L2
CITY PARCEC NO3' S8' 26" E R
y TRACT 4091) S E E
2D pd P` S

PARCEL D
n
D E T A I j TRACT 4pg1)
1 o
Poc 50
Z
0 I y i
TRAGT 4092)
i (TRACT 4092)
52 O
C 49
m
Wx

LINE TABLE CURVE TABLE
2 g
LENE# DIRECTION LENGTH CURVE# RADIUS DELTA LENGTH
J
Li S31° 34' 36" W 13. 00' C 1 50. 00' 91° 30' 49" 79.86' i
N
o
L2 S31° 34' 36" W 13. 00' C2 60. Q0' 30° 37' 13" 32. 07' 0 v
15 30
a
Q
L3 N37° 59' 49" E 23. 90' C3 60. 00' 30° 37' 13" 32. 07' SCALE: 1^= 30'
L4 N31° 34' 36" E 2• 2'
pARCEL20 G1
LEGEND
L5 N31° 34 36° E 12. 4$ I
ppg POW70F BGMNENGE
L6 N22° 36' 23" E 19. 24'
P. U. E. PUsuC UTfl rr EnSE N7

PARCEL F R) RADIAL BEARING
c TOTAL
3 L7 N32° 24' 12" E 2000' S. F. SQUAREFEEr
N 51
o DETAIL
NTS
DESCRIPTION: CaMMON USE AGREEMENT
i 165 Scenic Drive, Suite A
Modesto, GA 95350 SCALE: " - 3Q' DATE: DEC. i 6, 2021
MO
N G 1 N E E fZ 1 N G odelien ineerin com
JOB NO.: 25503
cv 9 9•
FILE: 255Q3- FM- TRACT 4092_ CUA. DWG
254
EXHIBIT " B"

GRANT DEED FOR DEDICATION OF PUBLIC UTILITY EASEMENTS
255

RECORDING REQUESTED BY, AND
WHEN RECORDED MAILTO:

CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment ofrecording fees( GC 27383J
APN: SPACE ABOVE THIS LINE FOR RECORDER' S USE
Offer of Dedication
for Public Utility Easements
Final Map 4092)
THIS INSTRUMENT BENEFITS THE CITY ONLY. NO FEE REC UIRED.

THE UNDERSIGNED GRANTOR( S) DECLARE( S): DOCUMENTARY TRANSFER TAX IS$ computed on full value of property conveyed, or
computed on full value less liens and encumbrances remaining at time of sale.

Unincorporated area ( X) City of Lathrop
For a valuable consideration, receipt of which is hereby acknowledged, RIVER ISLANDS STAGE 2B, LLC, a Delaware limited liability company, " Grantor( s)", hereby grants to CITY OF LATHROP, a California municipal corporation " Grantee", for public purposes, a non- exclusive public utility easement together with the right to construct, reconstruct, repair and maintain, poles, wires, cables, pipes, and conduits and their appurtenances upon ( the" Public Utility Easement") over all that real property situated in the State of California, County of San Joaquin, City of Lathrop and more particularly described as follows:

See attached Exhibit" A"
In witness whereof the undersigned have executed this instrument on January_, 2022.

Grantor( s):

RIVER ISLANDS STAGE 2B, LLC,
a Delaware limited liability company
By:

Susan Dell' Osso, President
Notary Acknowledgment Required for each Signatory)
256
EXHIBIT " A"

LEGAL DESCRIPTION
257
JN 25503
December 16, 2021

EXHIBIT A

LEGAL DESCRIPTION
DEDtCATiON OF PUBLIC UTfLiTY EASEMENT
PARCEL 20, TRACT 4032 ( 43 M& P 142}
RIVER ISLANDS- STAGE 2B

CITY OF LATHROP, SAN JOAQUIN COUNTY, CALIFORNIA

CERTAIN REAL PROPERTY SITUATE IN THE CITY OF LATHROP, COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

PUBI. IC UTILITY EASEMENT{ ABERNATHY COURT)
BEING A PORTION OF PARCEL 20 AS SAID PARCEL IS SHOWN ON TNE MAP ENTITLED' TRACT 4032, RIVER ISLANDS- STAGE 26, LARGE LOT FINAL MAP", FILED OCTC} BER 8, 2020, IN BOC1K 43 OF MAPS AND PLATS, AT PAGE 142, OFFICIAL RECORDS OF SRN JOAQUIN COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTER OF THE ABERNATHY COURT CUL DE SAC AS SHOWN ON THE MAP ENTITLED" TRAGT 4092, RIVER ISLANDS- STAGE 2B, V{LLAGE GG2" FILED 2021, IN BOOK,_ OF MAPS AND PLATS, AT PAGE_, OFFICIAI. RECORDS OF SAN JOAQUIN COU NTY;
THENCE, A ONG A RADIAL BEARING OF NORTH 12°40'00" WEST, A DISTANCE OF 50.00 FEET TO AN ANGLE POINT IN 7HE EASTERLY LINE OF SAID PARCERL 20, ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT;
THENCE A ONG SAID EASTERLY LINE OF PARCEL 20, ALONG A NON- TANGENT CURVE TO THE LEFT, HAV{ NG A RADIUS OF 50.(10 FEET, FROM WN{ CH THE CENTER OF SAID CURVE BEARS SOUTH 12°40'00" EAST, THROUCH A CENTRAL ANGLE OF 91° 30'49", AND AN ARC DI5TANCE OF

79. 86 FEET;
7HENCE, CONTINUING ALONG SRID EASTERLY LINE OF PARCEL 20, SOUTH 31° 34' 36" WEST, A DISTANCE OF 13. 00 FEET;

THENCE, LEAVING SAID EASTERLY LINE, ALONG A NON- TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 60. 00 FEET, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 67° 47' 3$" EAST, THROUGH A CENTRAL ANGLE OF 30° 37' 13", AND AN ARC DISTANCE OF 32. 07 FEET TO THE TOE OF THE EXISTING STAGE 2B LEVEE;
THENCE, ALONG SAID LEVEE TOE, NORTH 31° 34' 36" EAST, A DISTANCE OF 48.48 FEET; THENCE, I.EAVING SAID LEVEE TOE, ALUNG A NON-TANGENT CURVE TO THE RIGHT, HAVfNG A RRDIUS OF 60.00 FEET, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 34° 35'39" EAST, THROUGH A CENTRAL ANGLE OF 30°37' 13", AND AN ARC LENGTH OF 32.07 FEET TO THE EASTERLY LINE OF SAID PARCEL 24;
THENCE, ALONG SAID EASTERLY LINE, SOUTH 31° 34' 36" WEST, FOR A DISTANCE OF 13.00 FEET TO THE POINT OF BEGINNING.

CONTRINING 804 SQUARE FEET, MORE OR ESS.

PLAT OF THE AB4VE ESCRIBED EASEMENT IS ATTACHED HERETO RS EXHIBIT B ANC BY THIS REFERENCE MADE A PART HEREOF.

Page 1 of 3 ends

25503- LEGAL- VILLAGE GG2_ CUA
258
JN 25503 December 16, 2021

END DESCRIPTION
THIS DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, ! N CONFORMANGE WITH THE REQUIREMENTS OF THE PROFESSIONAL AND SURVEYOR' S ACT.

PL LAND
y..a
p M.
oGn
o z1, 1 z,
WILLIAM M. KOCH No. 8092 ,* DATE
PROFESS40NAL LAND SURVEYOR
CALIFORNIA NO. 8092 9rE• aF GA F
Q,'`

Page 2 of 3 ends

259
S7AGE 2B LEVEE EASEMENT
PARCEL 20 PU6UC UTlLITY EASEMENT PAR EL 2p
TRACT 4032)
04 s.F. t
CrRACT 4032)
N$ 215 8 W R N34' 35' 39 W R TOE OF EXIStlNG
1 STAGE 2B LEVEE
N31° 34' 36" E 48. 48'
L4 G2 PARCEL E ^ C 1 C'
3 CI TY PARCEL
tO TRACT 4091) N31° 34' 36" E 71. 64'
N67' 07 3g E I
LL1 J L5 L
PARCEL F N75' 49' 12" E( R) Qy ,
2 CITY PARCEL NO3_____ 58' 26" E R
TRACT 4091) S E E p,0 o POB--
cL Q PARCEL D
1 D E T A I L j TRAC7 4091)
51 m N
z
Poc 50
0 I
TRACT 4092)
a
i (TRACT 4092)
52 N 49
1 7 i
m 1 I
wx

LINE TABLE CURVE TABLE
W
Z ,%'
g
LINE# DIRECTION LENGTH CURVE# RADIUS DELTA LENGTH
J
Li S31° 34'36"W 13. 00' C1 50. 00' 91° 30' 49" 79.86"
i
N
o
L2 S31° 34' 36" W 13. 00' C2 60. 00' 30° 37' 13" 32.07' 0 15 30 Q
L3 N37° 59' 49" E 23. 90' C3 60. 00' 30° 37' 13" 32. 07' SCAIE: 1•= so•
L4 N31° 34' 36" E 2• a2'
pqRCEL20 ` LEGEND
L5 N31° 34' 36" E 12. 48' POC P INT OF COMMENCEMENT
L' I

POB POINTOFBEGINNING
L6 N22° 36' 23" E 19. 24'
P. uE. Puauc usi m EnsE Er
PARCEL F Ra RADIAL BEARING
i
3 L7 N32° 24' 12" E 20. 00' S. F. SQUAREFEET
N 5t — — — — —
a DETAIL
NTs EXNIBIT B
DESCRIPTION: COMMON USE AGREEMENT
1165 Scenic Drive, Suite A
o
Modesto, CA 95350 C- E 1" = 30' DATE: OEC. i 6, 2021
Of
JOB NO.: 25503
N N G 1 N fZ 1 N G odellengineering. com r
FILE: 25503— FM—TRACT 4092_ CUA. DWG
260
ITEM 5. 1

CITY MANAGER' S REPORT
7ANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVAL OF RESOLUTION OF INTENTION TO

ESTABLISH THE PROPOSED MOSSDALE TRACT

ENHANCED INFRASTRUCTURE FINANCING
DISTRICT"
RECOMMENDATION: Adopt Resolution of Intention Proposing to Establish an Enhanced Infrastructure Financing District to
Finance the Construction and/ or Acquisition of
Capital Improvements, Establish a Public Financing
Authority ( PFA), Appoint 2 Lathrop Council Members
and 2 Public Members to the PFA and Authorize
Certain Other Actions Related Thereto
SUMMARY:

After the City Council receives a briefing from the San Joaquin Area Flood Control Agency (" SJAFCA") staff and consultants, staff recommends that Council approve a resolution declaring its intention to cause the establishment of the proposed Mossdale Tract Enhanced Infrastructure Financing District ( Mossdale Tract EIFD") to finance the construction and/ or acquisition of capital improvements, establish a Public Financing Authority ( PFA), appoint two public members to the PFA Board, and authorize certain other actions related thereto, all in coordination with the Cities of Manteca and Stockton and San Joaquin County to help finance the necessary flood protection improvements that would provide a 200- year Urban Level of Flood Protection to the Mossdale Tract Area.

BACKGROUND:

Senate Bill 5 ( SBS"), and related companion bills, created a new requirement for certain land use decisions made by cities and counties in the California Central Valley.

Prior to approving discretionary land use decisions for non- residential projects, and prior to approving ministerial land use decisions ( building permits) for new residential buildings, land use agencies are required to make findings related to the provision of 200- year or Urban Level of Flood Protection (" ULOP"). As part of the City' s efforts to comply with this requirement the City made findings of Adequate Progress toward the provision of ULOP 200- year flood protection in July 2016 and has validated these findings each year since the initial adoption based on an Annual Reports of Adequate Progress ( Annual Reports") submitted to the Central Valley Flood Protection Board Board"). Since 2018, the Annual Reports have been approved and submitted by SJAFCA to the Board subsequent to the City becoming a member of the SJAFCA JPA.

The Annual Reports describe the financing plan and the identified funding mechanisms that are being utilized to fund and implement the improvements necessary for ULOP.
261
CITY MANAGER' S REPORT PAGE 2
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING

APPROVAL OF RESOLUTION OF INTENTION TO ESTABLISH THE PROPOSED MOSSDALE TRACT ENHANCED INFRASTRUCTURE FINANCING DISTRICT" These funding mechanisms include:

Net revenues from the existing RD 17 Assessment District financing the Phase 3 Levee Seepage Project that would be available after the completion of RD 17' s project;
a Regional Development Impact Fee Program;
a new Overlay Assessment District ( OAD) that would overlay the existing RD 17 Assessment; and,
the proposed Mossdale Tract EIFD
The Council supported the implementation of a development impact fee program by initially establishing an Interim Fee prior to 2018 then supporting the implementation of a Regional Fee by SJAFCA. SJAFCA is currently working to evaluate and implement the proposed Overlay Assessment District. Finally, at this time, the Council is requested to start the formation process of the proposed Mossdale Tract EIFD.

Enhanced Infrastructure Financing Districts are districts that receive tax increment generated from the growth in property taxes collected from within a designated district boundary from certain entities that consent to an agreed upon allocation of their property tax revenues. EIFD' s are new entities governed by the creation of a Public Finance Authority.

The City of Lathrop took the lead in the ULOP efforts in 2013 when it awarded contracts to prepare flood maps. The County and other agencies have asked Lathrop to take the lead once again by initiating the creation of the EIFD. Once Lathrop commences the process to create the Mossdale Tract EIFD, Manteca, Stockton and the County will take corresponding actions and the newly created Authority will move through the EIFD formation process. Final approval of the formation of the EIFD will come back to the City Council in the future after the requisite analyses and plans have been prepared and presented back to the Council for consideration as described further below.

EIFD Formation Process
California Government Code sections 53398. 50- 53398. 88 ( EIFD Law) enabled jurisdictions to consider formation of EIFDs as a means of using tax increment financing to fund avariety of eligible improvements with communitywide benefit. The details of how the EIFD accomplishes this goal are described in greater detail in the section below. An EIFD may be formed by resolution of the governing body of a City or a County proposing to dedicate all or a portion of its incremental property tax revenue to the EIFD.

The initial resolution adopted by the local agency commencing the formation an EIFD establishes a Public Financing Authority ( PFA) that operates as the governing board of the district once the EIFD is fully formed. The PFA' s membership is to consist of 2 members of the legislative body of each Affected Taxing Entity ( ATE) and 2 members of the public chosen collectively by the legislative bodies of ATEs. 262
CITY MANAGER' S REPORT PAGE 3
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING

APPROVAL OF RESOLUTION OF INTENTION TO ESTABLISH THE PROPOSED MOSSDALE TRACT ENHANCED INFRASTRUCTURE FINANCING DISTRICT" In the case of the proposed Mossdale Tract Area EIFD, the EIFD is to have 4 ATEs, the City of Lathrop, the City of Manteca, the City of Stockton and San Joaquin County.

Thus, the PFA will consist of 8 members from the respective ATEs and 2 public members, for a total of 10 members. The initial selection of the public membership will be selected by the City of Lathrop as part of this initial action. As previously reported to the Council in December, the City Clerk has advertised the public member positions ( Attachment D) and the Council' s action today will finalize the selection.

Subsequent to the formation of the PFA by a resolution of intention declaring the intent for the form the EIFD and establish the PFA by one of the ATE' s, the PFA would meet a minimum 5 times to conduct the EIFD formation process. The series of 5 meetings, at a minimum will consist of the following:

1. At the first PFA meeting the PFA would adopt a resolution that would do the following:
a. Directs the preparation of an Infrastructure Financing Plan ( IFP); i. Among other things, the IFP contents would include a description of the facilities to be financed by the EIFD, a description of the boundary of the proposed EIFD, certain findings regarding the public benefit of the EIFD, and a financing section that identifies the amount of tax increment to allocated to the EIFD, projections of tax increment, projections of the fiscal impacts to each of ATE' s and the details of the financing plan for the facilities. b. Adopts conflict of interest code;
c. Sets regular meeting dates;
d. Adopts CEQA guidelines; and,
e. Adopts the EIFD formation procedures.

2. At the second meeting of the PFA, staff is to present the draft IFP, answer questions and consider comments on the draft IFP.

3. At the third meeting of the PFA, the PFA would conduct the First Noticed Public Hearing on the IFP.

4. At the fourth meeting of the PFA, the PFA would conduct the Second Noticed Public Hearing on the IFP.

5. Finally, subject to the approval of the IFP by each ATE after the fourth meeting Second Public Hearing), and lack of sufficient protests requiring an election, the PFA would conduct a Third Public Hearing and after consideration of all written and oral protests consider adoption of Resolutions approving the IFP and forming the EIFD.
263
CITY MANAGER' S REPORT PAGE 4
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING

APPROVAL OF RESOLUTION OF INTENTION TO ESTABLISH THE PROPOSED MOSSDALE TRACT ENHANCED INFRASTRUCTURE FINANCING DISTRICT" EIFD Financing Plan
The Mossdale Tract Area EIFD will be funded from property tax increment revenues, which would be pledged, in conjunction with revenues from the proposed OAD, to repay bonds issued to fund construction of the improvements needed to achieve ULOP. The Mossdale Tract Area EIFD does not impose any new tax on property owners. The ATEs will participate in and contribute property tax increment revenues to the Mossdale Tract Area EIFD.

The financing plan for the Mossdale Tract Area EIFD has been the subject of discussions among the staff of the ATE' s for many months and a conceptual plan has been prepared to support the initial formation efforts. While the plan will be the subject of the initial discussions of the PFA as described in the discussion of the formation process above, in general, the following describes the basic terms of how the EIFD will be allocated tax increment and assist in financing SJAFCA' s Mossdale Tract Project.

The Mossdale Tract Area EIFD includes approximately 5, 125. 5 developable acres.

Approximately 11, 200 housing units and 33. 1 million nonresidential building square feet are anticipated in the Mossdale Tract Area EIFD between the assumed Base Year of the EIFD ( FY 2022 23) and buildout ( 2060). As development takes place throughout the basin, and as the assessed value of property increases over time, net new property taxes will be generated. As those taxes are allocated to the ATE' s, a portion of the net new property taxes will be allocated to the Mossdale Tract EIFD.

The amount that would otherwise be allocated to an ATE diverted to the Mossdale Tract EIFD will be the amount specified in the IFP prepared by the PFA and subject to approval by each of the ATE' s prior to the Third Hearing of the PFA. The amount of Tax Increment allocated by each ATE will be subject to change over time as SJAFCA' s ULOP Project is implemented. The proposed amount of Tax Increment that is reflected in the conceptual plan and expected to be presented to the PFA after formation is as follows:

During the ULOP project construction projected, through 2029 ( Initial Years), the City of Lathrop and the County each would contribute a flat rate of 10 percent, the City of Manteca would contribute 5 percent, and the City of Stockton would contribute 1 percent ( Initial Base Rates).

However, during the Initial Years, the County would contribute a total of 47 percent of property tax increment, composed of its Initial Base Rate of 10 percent, plus an additional 37 percent of property tax increment. The additional 37 percent would be defined as the County' s Additional EIFD Contribution. This Additional Contribution would be subject to repayment by SJAFCA from future Regional Development Impact Fee revenues collected after 2029.

Following the Initial Years, the maximum portion of the total property tax increment revenue allocation proposed to be apportioned, to the EIFD will be 20 percent until such time as the cost of eligible EIFD facilities has been satisfied.
264
CITY MANAGER' S REPORT PAGE 5
7ANUARY 10, 2022 CITY COUNCIL REGULAR MEETING

APPROVAL OF RESOLUTION OF INTENTION TO ESTABLISH THE PROPOSED MOSSDALE TRACT ENHANCED INFRASTRUCTURE FINANCING DISTRICT" The revenues allocated to the EIFD would be transferred to SJAFCA to fund the ULOP Project initially on Pay- As- You go basis. To finance the construction of the ULOP Project, it is expected that SJAFCA would issue two separate series of debt. The first debt issuance would be secured by a pledge of OAD revenues and the second series would be secured by a combined pledge of OAD revenues and EIFD revenues pledged to SJAFCA.

This conceptual plan is subject to further analysis and approvals by the ATE' s as well as property owners with respect the proposed OAD.

EIFD Analyses and Policy Considerations
Additional Analyses
As required by the relevant EIFD authorizing legislation, in addition to the financing plan and detailed description of the amount of property tax allocations from each of the ATE' s, the IFP will present additional information and analysis that includes the following:
a) A detailed description of the Boundary of the EIFD. The plan is to create a set of exhibits that will provide more detail than the Boundary identified as an Exhibit to the proposed resolution ( Attachment C to this Staff Report) presented to the Council for approval.
b) A description of the facilities to be financed by the EIFD c) A finding related to the communitywide benefit of the improvements and facilities financed by the EIFD.
d) An analysis of the fiscal impacts to each of the ATE' s associated with new development within the EIFD before and after the allocation of the property tax revenues to the EIFD.
e) A plan for replacing any dwelling units that are proposed to be or might be removed as a result of the project.
f) A statement of the goals the EIFD proposes to achieve for the project to be financed.

Policy Considerations
A significant amount of time has been spent preparing, reviewing and updating detailed analyses to address the fiscal impacts ( specifically Item " d" above) of the proposed EIFD. From a policy perspective, the effective use of an EIFD as a tool for infrastructure finance necessitates there to be positive economic and fiscal impact to the community.
265
CITY MANAGER' S REPORT PAGE 6
ANUARY 10, 2022 CITY COUNCIL REGULAR MEETING

APPROVAL OF RESOLUTION OF INTENTION TO ESTABLISH THE PROPOSED MOSSDALE TRACT ENHANCED INFRASTRUCTURE FINANCING DISTRICT" An economic analysis completed in 2015 by the Center for Business and Policy Research at the Eberhardt School of Business concluded that the statewide total economic benefit of future development in the basin, which would only be able to move forward if the ULOP project is completed, at buildout, would be more than $ 11 Billion and 66, 000 jobs. l
In addition, analyses completed by SJAFCA' s consultant team project that there are long positive fiscal impacts to each of the ATE' s at buildout of the basin.

NEXT STEPS
At the meeting, staff and SJAFCA consultants will provide an overview of the proposed Mossdale Tract EIFD. This presentation will discuss the approach to the EIFD, how it fits into the SJAFCA Mossdale Tract program, the process for implementing the EIFD, a summary of the preliminary analyses completed to date and the next steps with respect to the City and PFA to advance the formation of the proposed EIFD. At the conclusion of the presentation, staff and Agency consultants will be available to answer any questions regarding the Program and will request that the City Council adopt the attached resolution. Applications for the Public Member positions on the PFA, included in this packet as Attachment D, were received at the time the agenda was published.

REASON FOR RECOMMENDATION:

After the City Council receives a briefing from the San Joaquin Area Flood Control Agency ( SJAFCA") staff and consultants, staff recommends that Council Appoint the follow representatives to the PFA: Paul Akinjo and Diane Lazard as the two current Lathrop representatives on the SJAFCA board, and two Public Members to be determined from the applications received from the public ( subject to approval by the legislative bodies of the Participating Entities, and approve a resolution declaring its intention to cause the establishment of the proposed Mossdale Tract Enhanced Infrastructure Financing District (" Mossdale Tract EIFD") to finance the construction and/ or acquisition of capital improvements, establish a Public Financing Authority, and authorize certain other actions related thereto, all in coordination with the Cities of Manteca and Stockton and San Joaquin County to help finance the necessary flood protection improvements that would provide a 200- year Urban Level of Flood Protection to the Mossdale Tract Area.

FISCAL IMPACT:

There is no budget impact to the City as all costs are initially covered by SJAFCA, and ultimately by the EIFD.
1 Michael, J. Pogue, T., Ahsan, N., Neumann, J. ( 2015). Economic Benefits of Investment to Comp/y with SB5 Requirements( Page 16). Center for Business & Policy Research, Eberhardt School of Business, University of the Pacific.
266
CITY MANAGER' S REPORT PAGE 7
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING

APPROVAL OF RESOLUTION OF INTENTION TO ESTABLISH THE PROPOSED MOSSDALE TRACT ENHANCED INFRASTRUCTURE FINANCING DISTRICT" ATTACH M ENTS:

A. Resolution of Intention Proposing to Establish and Enhanced Infrastructure Financing District to Finance the Construction and/ or Acquisition of Capital Improvements, Establishing a Public Financing Authority, and Authorizing Certain Other Actions Related Thereto
B. EIFD Boundary Map
C. Description of Facilities & Development for EIFD
D. Notice of Vacancy for Public Members on the Mossdale Tract Enhanced Infrastructure Financing District Public Finance Authority E. Applications received to date for Public Members on the Mossdale Tract Enhanced Infrastructure Financing District Public Finance Authority 267
CITY MANAGER' S REPORT PAGE, 8
7ANUARY 10, 2022 CITY COUNCIL REGULAR MEETING

APPROVAL OF RESOLUTION OF INTENTION TO ESTABLISH THE PROPOSED MOSSDALE TRACT ENHANCED INFRASTRUCTURE FINANCING DISTRICT"

APPROVALS
2 Glenn Gebhardt Date
City Engineer
IZ Zo 2o21
Michael King Date
Pub ic Works Director
i
Cari Jam Date
Finance ' r ctor
z- Z - . o./
Salvador Navarrete Date
City Attorney
l•• ZZ
Stephen J. Salvatore Date
City Manager
268
RESOLUTION NO. 22-

A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF

LATHROP PROPOSING TO ESTABLISH AN ENHANCED INFRASTRUCTURE

FINANCING DISTRICT TO FINANCE THE CONSTRUCTION AND/ OR

ACQUISITION OF CAPITAL IMPROVEMENTS, ESTABLISH A PUBLIC FINANCING AUTHORITY ( PFA), APPOINT 2 LATHROP COUNCIL MEMBERS AND 2 PUBLIC MEMBERS TO THE PFA, AND AUTHORIZE CERTAIN OTHER

ACTIONS RELATED THERETO
WHEREAS, pursuant to Chapter 2. 99 of Part 1 of Division 2 of Title 5 of the California Government Code ( commencing with section 53398. 50) ( the " EIFD Law"), the City Council ( the ' City Council") of the City of Lathrop ( the " City") is authorized to initiate the process to establish an enhanced infrastructure financing district ( the EIFD"); and
WHEREAS, in accordance with section 53398. 54 of the EIFD Law, the City has complied with the prerequisites prior to initiating the creation of or participating in the governance of the EIFD and will provide the required certification to the Department of Finance in accordance with the EIFD Law; and WHEREAS, the City Council proposes the establishment of an EIFD to finance certain public flood control facilities including, but not limited to, public flood risk reduction infrastructure; and
WHEREAS, the EIFD will be formed by a public financing authority (the Public Financing Authority" or " PFA") that will be the governing board of the EIFD and will be responsible for implementing the infrastructure financing plan; and WHEREAS, in accordance with section 53398. 51. 1 of the EIFD Law, it is anticipated that the Public Financing Authority' s governing board shall consist of members from the legislative bodies of the participating taxing entities, which are the City, San Joaquin County ( the " County"), the City of Manteca, the City of Stockton collectively, the Participating Entities"), and two public members to be appointed by the legislative bodies of the Participating Entities; NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Lathrop does hereby determine and declare as follows:

SECTION 1. Recitals. The foregoing recitals are true and correct.

SECTION Z. Intention and Proposal to Establish EIFD. The City Council proposes and intends to cause the establishment of an EIFD under the provisions of the EIFD Law.

SECTION 3. Name of EIFD. The name proposed for the EIFD is " Mossdale Tract Enhanced Infrastructure Financing District."
269
SECTION 4. Description of Boundaries. The proposed boundaries of the EIFD are as shown on the map of the EIFD ( attached to the January 10, 2022 staff report as Attachment B) which boundaries are hereby approved and to which map reference is hereby made for further particulars.

SECTION 5. Description of Facilities & Development. The types of public facilities proposed to be financed by the EIFD and pursuant to the EIFD Law are those listed as facilities in the January 10, 2022 staff report as Attachment C, incorporated herein ( the " Facilities"). The development area to be assisted by the EIFD is commonly referred to as Mossdale Tract.

SECTION 6. Necessity of EIFD and Goal. The City Council hereby finds that the EIFD is necessary for the area within the EIFD, the City, and the Participating Entities. The City Council' s goal for the EIFD is to create the means by which to assist in the provision of public flood control facilities of communitywide significance that provide significant benefits within the boundaries of the EIFD or the surrounding community and, for those facilities located outside the EIFD boundaries, also have a tangible connection to the EIFD.

SECTION 7. Use of Incremental Tax Revenues. The City Council hereby declares that, pursuant to the EIFD Law and, if approved by resolution of the City and if approved by resolution of the Participating Entities, pursuant to Government Code section 53398. 68, incremental property tax revenue from the City and the Participating Entities within the EIFD, but not from any of the other affected taxing entities within the EIFD, will finance the Facilities. The incremental property tax revenues will be described in an infrastructure financing plan ( the " Infrastructure Financing Plan") to be prepared for the PFA, the City Council, and the Participating Entities under the EIFD Law.

SECTION 8. Establishment of Public Financing Authoritx.

A. The City Council agrees to the following legislative membership appointment structure and hereby establishes the PFA as the governing board of the EIFD.

6. PFA membership shall be comprised of:
i) The following two members of the City Council who also serve on the board of San Joaquin Area Flood Control Agency are hereby appointed by the City Council: Paul Akinjo; Diane Lazard.
ii) From the County of San Joaquin, two Board of Supervisors members who also serve on the board of the San Joaquin Area Flood Control Agency to be appointed by the County of San oaquin Board of Supervisors.
270
iii) From the City of Manteca, California, two City Council members who also serve on the board of the San Joaquin Area Flood Control Agency to be appointed by the Manteca City Council.
iv) From the City of Stockton, California, two City Council members who also serve on the board of the San Joaquin Area Flood Control Agency to be appointed by the Stockton City Council.
v) Two public members to be appointed by the legislative bodies of the Participating Agencies. The City Council approves the appointment of the following two PFA public members subject to approval by the legislative bodies of the Participating Entities:

C. Members shall serve at the pleasure of their respective appointing legislative bodies and shall continue to serve unless and until their respective appointing legislative bodies make a new appointment, the member resigns, or other forfeiture by operation of law.

However, the term of the public members will be for a two ( 2) year term.

D. The PFA membership is subject to compliance with the EIFD Law and Government Code sections 54970 and 54972.

E. In the event any of the Participating Entities listed herein choose not to participate as a
taxing entity under the EIFD Law, the PFA
membership shall be adjusted to reflect that occurrence.

F. Participating Entities may appoint alternates to their respective PFA membership appointments in accordance with the EIFD Law.

G. Subsequent PFA public member appointments will be initiated by the legislative bodies of the other Participating Entities in alphabetical order.

H. County of San Joaquin, City of Stockton, and City of Manteca' s participation in the governance of the PFA is subject to adoption of the intent to participate by the respective legislative bodies of said agencies.

SECTION 9. Preparation of Infrastructure Financing Plan. The City Council hereby requests the PFA to request the assistance of County staff, San Joaquin Area Flood Control Agency ( SJAFCA") staff, and to direct Larsen Wurzel & Associates and Economic & Planning Systems Inc. to prepare the Infrastructure Financing Plan in accordance with the EIFD Law.
271
SECTION 10. Distribution of Infrastructure Financing Plan. In accordance with and in the manner authorized by the EIFD Law, the City Council hereby authorizes the City staff and requests the assistance of County staff and SJAFCA staff to distribute a notice which summarizes the Infrastructure Financing Plan and lists the internet website where applicable EIFD and CEQA documents may be found to each owner of land and resident within the boundaries of the EIFD and each affected taxing entity ( as defined in the EIFD law). The City hereby authorizes City staff and requests the assistance of County staff and SJAFCA staff to also make available for public inspection the Infrastructure Financing Plan and any required CEQA documents and to also distribute the Infrastructure Financing Plan to the PFA, the planning commissions of the Participating Entities, and the legislative bodies of the Participating Entities in the manner authorized under the EIFD Law.

SECTION 11. Public Hearina. In accordance with the EIFD Law, the City Council hereby sets a public hearing for July 11, 2022, at the hour of 7: 00 p. m. or as soon as possible thereafter as the matter may be heard at Lathrop City Hall, as the time and place when and where the City Council will conduct a hearing on the proposed establishment of the EIFD. In accordance with the EIFD Law, the City Council hereby sets the first PFA public hearing to be Wednesday, April 21, 2022 at the hour of 9: 00 a. m. or as soon as possible thereafter as the matter may be heard, at the principal meeting place of the PFA which shall be the location of the SJAFCA Board meetings typically held at Stockton City Hall, 425 N. EI Dorado Street, Second Floor in Council Chambers, as the time and place when and where the PFA will conduct the first public hearing on the proposed establishment of the EIFD and the Infrastructure Financing Plan in accordance with the EIFD Law. The date, time, and location of the following two public hearings required by the EIFD Law shall be established by the PFA in accordance with, and in the manner required by, the EIFD Law.

SECTION 12. Providing of Notice. The Clerk of the Board of Supervisors is hereby requested to mail a copy of ( i) this Resolution, or ( ii) a notice of intention containing specific information as set forth in California Government Code section 53398. 60, to the PFA and each owner of land ( as defined in the EIFD Law), within the EIFD, the Participating Entities, and to each affected taxing entity ( as defined in the EIFD Law). The Clerk of the Board of Supervisors is hereby requested to provide any assistance to the PFA so as to cause notice of the public hearings to be given in the manner and at the times and to have the notices contain the information required by the EIFD Law. The City Clerk is hereby authorized to carry out the intent of this section and is directed to assist the Clerk of the Board of Supervisors or the clerk of any of the other Participating Entities in any manner reasonably necessary to give effect to or carry out the intent of this section.

SECTION 13. Establishment of EIFD. This Resolution in no way obligates the PFA to establish the EIFD or for the Participating Entities to approve the Infrastructure Financing Plan.
272
The establishment of the EIFD is subject to the approval of the PFA by resolution following the holding of the public hearing( s) referred to above. The approval of the Infrastructure Financing Plan is subject to approval by the respective legislative bodies of the Participating Entities at a later date in accordance with the EIFD Law.

SECTION 14. Severabilitv. If any section, subsection, phrase, or clause of this Resolution is for any reason found to be invalid, such section, subsection, phrase, or clause shall be severed from, and shall not affect the validity of, all remaining portions of this Resolution that can be given effect without the severed portion.

SECTION 15. General Authorization. The City Clerk and all other officers and agents of the City are hereby authorized and directed to take all actions necessary or advisable to give effect to the transactions contemplated by this Resolution.

Any actions heretofore taken by said officers and agents, on behalf of the City, that is in conformity with the purposes and intent of this Resolution and with the provisions of the EIFD Law with respect to the Mossdale EIFD, are hereby approved and confirmed.

SECTION 16. Effective Date. 7his Resolution shall take effect immediately upon its adoption.
273
PASSED AND ADOPTED by the City Council of the City of Lathrop this 10tn day of January 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 274

ATTACHMENT B
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ATTACHMENT C
Description of Facilities to be Financed
The EIFD is authorized to finance the purchase, construction, expansion, improvement, or rehabilitation of the facilities described herein. These facilities have an estimated useful life of 15 years or longer and are public facilities of communitywide significance that provide significant benefits to the EIFD or the surrounding community. Any facilities located outside the boundaries of the EIFD have a tangible connection to the work of the EIFD. The EIFD will also finance planning and design activities that are directly related to the purchase, construction, expansion, or rehabilitation of these facilities. Facilities authorized to be financed by the EIFD include the following:

Public flood control facilities including, but not limited to, public flood risk reduction infrastructure associated with ensuring that the resulting levee system complies with the Urban Levee Design Criteria promulgated by the California Department of Water Resources and San Joaquin Area Flood Control Agency Resolution (" SJAFCA") No. 19- 06 and SJAFCA' s Adopted Policy for Adapting Design Standards far the Mossdale Tract Area of SJAFCA in light of Climate Change.

Other Expenses
In addition to the direct costs of the above facilities, other incidental expenses as authorized by the EIFD Law, including but not limited to: the cost of engineering, planning, and surveying; construction staking; utility relocation and demolition costs incidental to the construction of the facilities; costs of project/construction management; costs ( including the costs of legal services) associated with the creation of the EIFD; issuance of bonds or other debt; costs incurred by the City of Lathrop, City of Manteca, City of Stockton, County of San Joaquin or the EIFD in connection with the division of taxes pursuant to Government Code section 53398. 75; costs otherwise incurred in order to carry out the authorized purposes of the EIFD; and any other expenses incidental to the formation and implementation of the EIFD and to the construction, completion, inspection, and acquisition of the authorized facilities. 276

ATTACHMENT D

PUBLIC NOTICE

CITY OF LATHROP/ CITY CLERK
Attn: Teresa Vargas
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
MB# 12- 54
State of California
County of San Joaquin 20, 5. 5 c.c.P. FFIDAVIT OF PUBLICATION of the said County, being duty sworn, deposes and says:

I I am a citizen of the United States and a resident of the County aforesaid, I i, am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of the Manteca Bulletin, a newspaper of general circulation, printed and published Daily in the City of Manteca, California, County of San Joaquin, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court, DepaRment 4, of the County of San Joaquin, State of California, under the date of May 12th 1952, Case Number 52904; that the notice, of which the annexed is printed copy ( set in type not smaller than non- pareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit:

DEC. 21,
2021
I certify( or Declare), under penalty of perjury that the foregoing is true and correct.

Dated at Manteca, Califomia, this day of:

December 21, 2021
Date
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Signature

MANTECA BULLETIN
DENNIS WYATT- Editor P. O. Box 1958
531 East Yosemite Ave. Manteca, California 95336- 0912
Phone ( 209) 249- 350 Fax( 209) 249- 3551
277
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1 OSSDAIE Tt2ACT EPINANCfQ
MIfRASTRUC' NRE FtNANCMlG
O STRICT FUBItG FiNANCE AUTMORtTY
NOTtCE tS HEREBY GlYEN tha! the City of t.athrop wiit b n tl e process b esk ish khe F bssda Tract Enhanced inft tnxture Flnancing pis ict pubiic Finance AuMority( EIfD}{ PFA) on Janu y 10, 2022. At that Bme, the City Courxi( y i! ba ked ta appoint Mro PubGc t embers th PFA.

To be eiigible appoindnent s a Pot ic Member d this PFA, ihe Pubic Member trtust resi within the bout y pf tt E D( see atta,she m ot EIFO bo nda y}, Mfentpers Ye 0 mPe he Perfortr ance of their dnties other than compens ian expr'essly provi d by actlan of the PFA.

The hAassdale Tract Enhar ced nfrastr ture Fi ancing District Public Finance Autlxxity is Gze goyeming body of the Mossd e Tr t Enhance4 infrastructure Financing District end a5.998. wia86.have the r ponsibiiities provided pursuant to Government Gode 53 8.50— The htossdale Tract EtFQ PfA wiii direct the preparatian o# an M ft tnx ure Financir g Plan( IFP) and upon its approval by the gpveming bodies of fhe Ci6es of Latlxpp, a and S c)ctan arM San Jo uin C unty, d the PPA, the PFA govsming body wlp carty ait and adrtrittisfet the pian. 7he Mbssdate Tract EIFO wiA assist d caotd nat with the San Joaquin Area Fload Controt Agency[ SJqFCA} to flnar ce 20pYear Fiood CanVal fm xoveme ts for tt Mossdaie Tract Area to eosure that an thban Cevet of Fiood Protectioo ts provided to the area by 2028. Members d the PFA Boa d w l:

F dec gions whh respect tt use of Tau lncrert ent Revenues consist t wNh Ensute Gpmpliance, Mth ry e t s of IFP d coordina2e with S.JAFCA to c ry out the goals of tlre IFP n a i nded thffi the Mossdale Tr t EIFD PFA will meet a ce per month on tlie s ne d s anG bcation{ Stockton City H I, d25 M. ff paradb Stree2, Stockta, Cq gy202} aa, H tl SJAFCA Board af Directas jmmediately Foilowing the conciusiQn of their meeGr gs. t, i Fw infonna6on abaat the Mos lale Tract Enhanced tnfrastrtxture Financing pisUict PubNc Finance Auttraity' s Purpose, rrl eting schedu and tfie application process, Tple,esase Vazgas( catl tlre City2) Engir er Glena Cet ardt at( 2(XJ) gq1- 7292 or fhe City Cietk 941- 7230 a s p in and piek up informa ion ai ihe City H i, a50 Tame Cenue Drive, Lathrc p. in accardanr,e wlth Gavernment Code Sectlon 5 99 4, no apppinbtient to Mt ttws vacar Cy adN be made fa at least ten 10 warki d s after rwtice.
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Teresa Vargas, MMG City Gerk
date and Past i Qecember 21. 2021
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ATTACHMENT E

COMMISSION/ COMMITTEE APPLICATION
Applying for: U G Q-- vnrSneci l Reaairemenb:

Youth Advisory Commission: Must be a Lathro resident t tween 13 to 18 years of age to serve on this commission.

Senior Advisory Cohr» rission: Must be a Lathrop resideni 50 years of age or over to serve on this commission.

Planning, Prrrks& Recreation Comm rsions, and Measure C Oversighl CommiJtee: Must be a Lathrop resident to serve on this cammission.

PLEASE PRINT OR TYPE THE FULLOWING INFORMATION:
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Name:

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Address: City: G/.-- Zip: 3
Telephone( hom Telephone( work)
Telephone( cell) Telephane( other)
Email: Resident of the City of Lathrop: l_ Years
Do you have Transportation to attend the Commission meetings and Functions? Yes No CI Backgroand Informadon:

Are you related to a current City Employee?
If yes, give name and relationship
EmploymenWolunteer Information:

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City of Lathrop
390 Tawne Centre Drive
Lathrc p, CA 95330
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i--v.tr11v11, Jil.Jly. ViV11V111" 1' 1+.' L+' APPLICATION 1 Applying for: y
Special Repuirements•
Yauth Advisory Commission: Must be a Lathrop resident between 13 to 18 years af age to serve on this commission.

Planning, Senior Advisory Parks& Commission: Must be a Lathrop resident 50 years of age or over to serve on this commission. this cornmission. Recreation Commissivns, and Measure C Oversight Committee: Must be a Lathrop resident to serve on PLEASE PRINT OR TYPE THE FOLLUWTNG INFORMATION:

Name: Y v'' C:: '
Address:

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Telephone ( hame) Telephone {work) ., f/
Telephane ( ce11)
Telephone ( other}
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Resident of the City of Lathrop: s' r' Yeat
Do you have Transportation to attend the Commission meetings and Functions? Yes CY No Background Infarmation:

Are you related to a current City Employee? i;>'
If yes, give name and relationship
ErnploymentlVolunteer Information:
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ITEM 5. 2

CITY MANAGER' S REPORT
7ANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
ITEM: PUBLIC HEARING ( PUBLISHED NOTICE) TO

CONSIDER MUNICIPAL CODE AMENDMENT TO

UPDATE VARIOUS SECTIONS OF THE LMC

TO STREAMLINE PROCEDURES, MINOR

CLARIFICATIONS, AND INCORPORATE UPDATED
POLICIES TEXT AMENDMENT NO. TA- 21- 151
RECOMMENDATION: Council to Consider the Following:

1. Hold a Public Hearing; and

2. First Reading and Introduce an Ordinance
Adopting Various Amendments to the Lathrop
Municipal Code ( LMC) to Modernize, Simplify, and
Streamline Sections of Title 17, The Zoning Code,
and Title 10, Vehicles and Traffic. The
amendments to the Municipal Code include the
following:

Chapter 10. 24 ( Parking)
Chapter 17. 16 ( General Requirements and
Exceptions)
Chapter 17. 32 ( R One- Family Residential
District)
Chapter 17. 36 ( RM Multifamily Residential
District)
Chapter 17. 52 ( Combining Districts)
New Chapter 17. 57 ( Mossdale Landing Zoning
Districts)
Chapter 17. 60 ( Southeast Stewart Tract
Zoning Districts)
Chapter 17. 62 ( Central Lathrop Zoning
Districts)
Chapter 17. 64 ( Home Occupations)
Chapter 17. 76 ( Off- Street Parking and
Loading)
Chapter 17. 80 ( Accessory Dwelling Units)
Chapter 17. 97 ( Wireless Communication
Facilities)
Chapter 17. 100 ( Site Plan Review)
Chapter 17. 108 ( Administrative Approval of
Certain Uses)
283
CITY MANAGERS REPORT PAGE 2
7ANUARY 10, 2022 CITY COUNCIL REGULAR MEETING

MUNICIPAL CODE AMENDMENT
SUMMARY:

The proposed Code Text Amendment is a staff- initiated proposal to modify various sections of the Lathrop Municipal Code ( LMC) to modernize, simplify and streamline various sections of Title 17, Zoning and Title 10, Vehicles and Traffic. The proposed amendments will include integration of current City policies, State law and best practices within the planning profession. Approval of the text amendment would allow for greater flexibility, clarification to support and promote development.

BACKGROUND:

In 2009, the City adopted an Economic Development Strategic Plan to guide the City Council in making decisions regarding economic growth for the City. In 2011, the City Council indicated a desire to accelerate economic and business development efforts by creating an Economic Development Program. To implement the City' s economic goals and policies, staff regularly review and monitor various department policies, procedures and the Zoning Ordinance for areas that need improvement. Staff determined and identified various sections of the LMC that are ambiguous, unclear and outdated. The intent of the proposed amendments is to assist and encourage development by providing concise and clear requirements for residents, developers and staff.

The City approved a similar effort and updated certain sections of the Zoning Ordinance and LMC in 2013, 2016, 2017, 2019, and 2021. The previous updates were well received by the community and staff inembers that process development applications and assist residents on a daily basis.

At their regular meeting of December 15, 2021, the Planning Commission voted unanimously ( 4- 0) to recommend the City Council adopt an Ordinance regarding the proposed amendments to the Lathrop Municipal Code. Attached is the Planning Commission Resolution No. 21- 30 for reference ( Attachment # 16).

ANALYSIS:

Staff has determined that the following text amendments conform to the General Plan. The proposed text amendments will modify the following Chapters and Sections of the LMC:

Chapter 10. 24 Parking ( Attachment # 2)
The proposed amendment clarifies and provides reasonable time for residents to park their recreational vehicles ( and similar vehicles) on the street no longer than 48- hours for the purpose of loading, unloading, cleaning, and preparation before and after use.
284
CITY MANAGERS REPORT PAGE 3
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING

MUNICIPAL CODE AMENDMENT
Chapter 17. 16 General Requirements and exceptions ( Attachment # 3) The proposed amendment would correct the code reference for the application type for a temporary subdivision sales office. Currently, Section 17. 16. 010, Temporary subdivision signs and sales office, references Chapter 17. 112, Conditiona/ Uses.

However, the reference should be to Chapter 17. 108, Administrative Uses as current practice is to review temporary subdivision signs and sales offices administratively via an Administrative Application form.

Chapter 17. 32 R One- Family Residential District; and Chapter 17. 36 RM Multifamily Residential District ( Attachment # 4 and 5
Similar to the amendments to the Central Lathrop Zoning Districts, the proposed amendment would update the R One- Family Residential District and the RM Multifamily Residential District to be consistent with Senate Bill 234 and add Large Family Day Care as a permitted use in both Zoning Districts. The proposed amendment would also remove references to RM 1. 5 from the Purpose and Application Section since this designation is not on the City' s Zoning Map.

Chapter 17. 52 Combining Districts ( Attachment # 6
Update Section 17. 52. 030, Mossdale Village combining district ( MV) to clarify that development of property within the MV combining district is subject to the regulations found in the West Lathrop Specific Plan and the applicable Mossdale Urban Design Concept. Currently, the Code references only the West Lathrop Specific Plan and not the Mossdale Urban Design Concept.

New Chapter 17. 57 Mossdale Landin Zoning Districts ( Attachment # 7 The proposed amendment adds a new Chapter to the Zoning Code titled Mossdale Landing Zoning Districts" to provide reference to the Mossdale Urban Design Concepts ( UDCs). Currently there is no reference within the LMC to the Mossdale Landing UDCs and their allowable uses ( permitted and conditionally permitted), development standards, and other related standards. This new Chapter establishes a link to the Mossdale Landing, Mossdale Landing East, and the Mossdale Landing South UDCs consistent with the City' s other Specific Plans.

Chapter 17. 60 Southeast Stewart Tract Zoning Districts ( Attachment # 8.

The proposed amendment removes Section 17. 60. 030, MX- ST, Mixed- Use Zoning District and Section 17. 60. 040, CR- ST, Regional Commercial Zoning District from the Zoning Code as these Zoning Districts are not present on the City' s Zoning Map. The amendment also clarifies that Large Family Day Care is a permitted use in the RREC- ST, Recreational Residential Zoning District and R- ST, Residential Zoning District consistent with Senate Bill 234. Further, the proposed amendment updates Section

17. 60. 060, R- ST, Residential Zoning District to add clustered housing", consistent with a density in compliance with the City' s General Plan, as a permitted use. 285
CITY MANAGERS REPORT PAGE 4
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING

MUNICIPAL CODE AMENDMENT
Chapter 17. 62 Central Lathrop Zoning Districts ( Attachment # 9) The proposed amendments establish Large Family Day Care as a permitted use in all of the Central Lathrop residential zoning districts: VR- CL, Variable Density Residential, HR- CL, High Density Residential, and R/ MU- CL, Residential/ Mixed- Use Zoning. Pursuant to Senate Bill 234, a zoning permit or business license for a large or small family day care home may no longer be required. The amendments will move Large Family Day Care Homes from the Administrative Approval list to the Permitted Uses list.

The amendment also updates Table 17. 62. 120 Central Lathrop Specific Plan: NonResidential Site Development Standards by removing ' Lathrop Center District", from the Off- street parking standards since this designation no longer exists, and update the reference to Chapter 17. 76, Off- street parking and loading. Finally, the R/ MUCL, Residential/ Mixed Use Zoning District Section 17. 62. 042, will be amended to remove the VR- CL District reference from the Permitted Use list.

Chapter 17. 64 Home Occupations ( Attachment # 10)
The proposed amendment would update the Home Occupation provisions to allow mobile businesses authorized by the State. Currently, the LMC specifically excludes personal services such as beauty salons and barber shops to operate as a home based business. This exclusion is typical of most city home occupation laws because personal service businesses require customers to be present, which can create traffic and parking issues, and require licensing from the State that does not allow these uses within a personal residence. However, the State has created a licensing provision that allow personal services to operate in an approved Mobile Unit. The processing of the license to operate a Mobile Unit is administered by the Board of Barbering and Cosmetology.

Chapter 17. 76 Off- Street Parking and Loading ( Attachment # 11) The proposed amendment would add utility trailer" to the list of recreational vehicles that are not permitted to be stored in any residential district except within an enclosed side or rear yard or within a garage or carport:

In any residential district, no recreation vehicle, including motor home, camping trailer, boat trailer, boat, pick- up camper, fifth wheel or dune buggy, utility trailer shall be stored or parked except within an enclosed side or rear yard or within a garage or carport..."
Chapter 17. 80 Accessory Dwelling Units ( Attachment # 12) The proposed amendment will modify the Chapter to clarify that doorway access for a detached accessory dwelling unit ( ADU) may face the street as long as the detached ADU is set back further than the main dwelling unit and behind the front yard fence.

In some instances, a detached ADU is developed alongside a single- family residence because the lot width is wide enough to allow it.
286
CITY MANAGERS REPORT PAGE 5
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING

MUNICIPAL CODE AMENDMENT
The proposed would modify the existing language as follows:

Access. Doorway access shall be provided either to the side or rear of the accessory dwelling unit. Doorwax access may front the street for detached ADUs as long as the detached ADU is recessed from the main dwelling unit.

The accessory dwelling
unit shall utilize the same vehicular access which serves the existing dwelling unit.

Chapter 17. 97 Wireless Communication Facilities ( Attachment # 13) The proposed amendment would clarify that a Tier 3 Wireless Communication Facility WCF) is subject to a Site Plan Review and Conditional Use Permit. The purpose of requiring both entitlements is that a Tier 3 WCF is the installation of a new tower which requires specific findings unique to the Site Plan Review and Conditional Use Permit process in accordance with the LMC.

Chapter 17. 100 Site Plan Review ( Attachment # 14
The proposed amendment would correct the code reference for revocation of a site plan. Currently, the language references Section 17. 112. 130, Notification of conditional use map, whereas it should reference Section 17. 112. 120, Revocation for provisions related to revoking an approved Site Plan Review or Conditional Use Permit.

Chapter 17. 108 Administrative Approval of Certain Uses ( Attachment # 15) The proposed amendment would add temporary construction/ laydown yard for a utility company associated with a construction project to the list of temporary uses that are exempt from the Temporary Use Permit requirements ( Section 17. 108. 090, Review of temporary uses). Expansion of utility connections and lines are typical for construction projects. Historically, the City has not required a Temporary Use Permit application for construction/ laydown yard associated with construction projects so the amendment will be aligned with current City practice.

Municipal Code Amendments
According to the Lathrop Municipal Code, amendments to the Zoning Code must be reviewed by the Planning Commission with a recommendation forwarded to the City Council. Any recommendation of the Planning Commission, or final action of by the City Council must include the following findings:

That the proposed amendment will be consistent with applicable provisions of the General Plan':

Staff and the Planning Commission have determined that the proposed code amendments conform to the General Plan. This is documented in Planning Commission Resolution # 21- 30.
287
CITY MANAGERS REPORT PAGE 6
ANUARY 10, 2022 CITY COUNCIL REGULAR MEETING

MUNICIPAL CODE AMENDMENT
Public Notice
A Notice of Public Hearing was advertised in the Manteca Bulletin on December 29, 2021 and the meeting agenda was posted at our designated posting locations in the City. As of the writing of this report, no comments were received in favor or against the proposed amendments.

CEQA REVIEW:

The proposed Municipal Code Amendment is exempt according to the California Environmental Quality Act ( CEQA) Article 5 § 15061 ( b) ( 3) by the Common Sense Exemption" that CEQA applies only to projects that have a potential for causing a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

The amendment does not change the zoning designation on any individual property and does not affect existing land use or density. The purpose of the amendment is to modify existing language in the Municipal Code to provide flexibility and is primarily procedural in nature. It also does not propose or require any specific development project; any specific development project undertaken in the future pursuant to the amended zoning code would be required to comply with CEQA at that time.

RECOMMENDATION:

The Planning Commission and staff recommend that the City Council consider all information provided and submitted, take and consider all public testimony and, if determined to be appropriate, take the following actions:

1. Introduce an Ordinance adopting various amendments to the Lathrop Municipal Code ( LMC) to modernize, simplify, and streamline various sections of Title 17, the Zoning Code and Title 10, Vehicles and Traffic.

Chapter 10. 24 ( Parking): Allow Recreational Vehicles such as travel trailers, motorhomes, marine vessels, all- terrain vehicles, and similar vehicles to park on the street for the purposes of loading, unloading, cleaning, etc.

Chapter 17. 16 ( General Requirements and Exceptions): Update the code reference for the application type for temporary subdivision sales office.

Chapter 17. 32 ( R One- Family Residential District): Amend the Chapter to clarify that Large Family Day Care Home is a permitted use pursuant to Senate Bill 234.

Chapter 17. 36 ( RM Multifamily Residential District): Remove RM 1. 5 from the Purpose and Application Section and Add Small and Large Family Day Care Home as a permitted use pursuant to Senate Bill 234. 288
CITY MANAGERS REPORT PAGE 7
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING

MUNICIPAL CODE AMENDMENT
Chapter 17. 52 ( Combining Districts): Update Section 17. 52. 030, Mossdale Village combining district ( MV) to reference that development of property within the MV combining district are subject to the regulations found in the West Lathrop Specific Plan and the applicable Urban Design Concept.

New Chapter 17. 57 ( Mossdale Landing Zoning Districts): New Chapter to reference that the Mossdale Landing Zoning Districts are subject to the applicable Urban Design Concept.

Chapter 17. 60 ( Southeast Stewart Tract Zoning Districts): Remove Section 17. 60. 030, MX- ST, Mixed- Use Zoning District, Section

17. 60. 040, CR- ST, Regional Commercial Zoning District, and Section

17. 60. 050, R- REC- ST, Recreational Residential Zoning Districts as these Zoning Districts do not exist. Update Section 17. 60. 060, R- ST, Residential Zoning District to permit single- family residential uses and clustered housing consistent with a density in compliance with the City' s General Plan.

Chapter 17. 62 ( Central Lathrop Zoning Districts): Amend the Chapter to clarify that Large Family Day Care Home is a permitted use in the VRCL, Variable Density Residential District, HR- CL, High Density Residential, R/ MU- CL, Residential/ Mixed- Use Zoning District consistent with Senate Bill 234, Update Non- Residential Site Development Standards to remove Lathrop Center District in Off-street parking and reference to Chapter 17. 76, Off-street parking and loading and update the R/ MU- CL, Residential/ Mixed Use Zoning District Section to remove the VR- CL district reference from the permitted use list.

Chapter 17. 64 ( Home Occupations): Amend the Chapter to allow Mobile Personal Services authorized by the State.

Chapter 17. 76 ( Off- Street Parking and Loading): Add " utility trailer" to the list of recreational vehicles required to be stored within an enclosed side or rear yard or within a garage or carport.

Chapter 17. 80 ( Accessory Dwelling Units): Amend Section 17. 80. 030( C) to clarify that doorway access for a detached accessory dwelling unit may front the street as long as the detached ADU is recessed from the main dwelling unit and amend Section 17. 80. 040 to provide provisions for utility connections for ADUs not contained within an existing structure.

Chapter 17. 97 ( Wireless Communication Facilities): Clarify that Wireless Communication Facilities are subject to a Site Plan Review process, and a Conditional Use Permit.

Chapter 17. 100 ( Site Plan Review): Amend the Chapter to update the code reference for revocation of a site plan.

Chapter 17. 108 ( Administrative Approval of Certain Uses): Add temporary construction/ laydown yard that is associated with a construction project to the list of temporary uses that are exempt from the Temporary Use Permit requirements ( Section 17. 108. 090, Review of temporary uses).
289
CITY MANAGERS REPORT PAGE 8
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING

MUNICIPAL CODE AMENDMENT
FISCAL IMPACT:

There is no fiscal impact to the City of Lathrop, only staff time to prepare the report.

ATTACH M ENTS:

1. Ordinance Approving Various Municipal Code Amendments

2. Mark- up of Chapter 10. 24 Parking

3. Mark- up of Chapter 17. 16 General Requirements and Exceptions

4. Mark- up of Chapter 17. 32 R One Family Residential District

5. Mark- up of Chapter 17. 36 RM Multifamily Residential District

6. Mark- up of Chapter 17. 52 Combining Districts

7. New Chapter 17. 57 Mossdale Landing Zoning Districts

8. Mark- up of Chapter 17. 60 Southeast Stewart Tract Zoning Districts

9. Mark- up of Chapter 17. 62 Central Lathrop Zoning Districts

10. Mark- up of Chapter 17. 64 Home Occupations

11. Mark- up of Chapter 17. 76 OfF- Street Parking and Loading

12. Mark- up of Chapter 17. 80 Accessory Dwelling Units

13. Mark- up of Chapter 17. 97 Wireless Communication Facilities

14. Mark- up of Chapter 17. 100 Site Plan Review

15. Mark- up of Chapter 17. 108 Administrative Approval of Certain Uses

16. Planning Commission Resolution No. 21- 30
290
CITY MANAGERS REPORT PAGE 9
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING

MUNICIPAL CODE AMENDMENT
APPROVALS:
12 22 Zn2!
David Niskanen ate
Contract P nner
1 z
Z 2 z
Ric Caguiat Dat
Pr' cipal PI ner
7i Zl 7.l
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Mar ` Meissn D te
Co munit evelopment Direct
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Salvador Navarrete Date
City Attorney
ott 1- ( O- Zo2Z
Stephen J. Sal Date
City Manager
291
ORDINANCE NO. 22-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP

ADOPTING VARIOUS AMENDMENTS TO THE LATHROP MUNICIPAL CODE TO

MODERNIZE, SIMPLIFY, AND STREAMLINE VARIOUS SECTIONS OF TITLE 17, THE ZONING CODE AND TITLE 10, VEHICLES AND TRAFFIC ( TA- 21- 151) WHEREAS, the City of Lathrop Planning Commission held a duly noticed public hearing at a regular meeting on December 15, 2021, at which they adopted PC Resolution No. 21- 30 recommending City Council adopt Municipal Code Text Amendment No. TA- 21- 151 pursuant to the Lathrop Municipal Code; and WHEREAS, the City of Lathrop City Council held a duly noticed public hearing at a regular meeting on January 10, 2022 to review and consider Municipal Code Amendment No. TA- 21- 151; and
WHEREAS, the proposed code amendment is Citywide and affects all applicable properties in the City; and
WHEREAS, Chapter 17. 124 of the Lathrop Municipal Code mandates the transmittal of a Planning Commission recommendation to the City Council by resolution; and
WHEREAS, the proposed code amendment is exempt according to the California Environmental Quality Act ( CEQA) Article 5 § 15061 by the " Common Sense Exemption" that CEQA applies only to projects that have a potential for causing a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment; and
WHEREAS, the City Council finds that the proposed code amendment is consistent with applicable provisions of the Lathrop General Plan and will implement the City' s Economic Development goals by providing streamline procedures, minor clarifications and incorporate updated policies; and
WHEREAS, proper notice of this public hearing was given in all respects as required by law; and
WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop based on substantial evidence in the administrative record of proceedings and pursuant to its independent review and consideration, does hereby approve Municipal Code Amendments as shown on Attachments ' 2", " 3" ' 4", " 5", 6", " 7", 8", " 9", " 10", " il", 12", " 13", " 14", and " 15" incorporated by reference herein.

Ordinance No. 22-
292

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LATHROP DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The Lathrop Municipal Code is hereby amended as shown in Attachments 2", " 3", " 4", 5", ' 6", " 7", ' 8", 9", " 10", " 11", 12", 13", 14", and 15" incorporated by reference herein.

Section 2. This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the city or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

Section 3. Severabilitv. If any section, subsequent subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.

Section 4. Effective Date. This Ordinance shall take legal efFect 30 days from and after the date of its passage.

Section 5. Publication. Within fifteen days of the adoption of this Ordinance, the City Clerk shall cause a copy of this Ordinance to be published in full accordance with Section 36933 of the Government Code.

Ordinance No. 22-
293
THIS ORDINANCE was regularly introduced at a meeting of the City Council of the City of Lathrop on the 10th day of January, 2022, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATfEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 22-
294
Parking— Chapter 10. 24 Mark- Up ATTACHMENT 2
New text is shown by underline; deleted text is shown by 1 Chapter 10. 24 PARKING

10. 24. 110 Parking of trailers and recreational vehicles prohibited.

A. No person who owns, has possession, custody or control of any trailer or any semi-trailer shall park such trailer or semi-trailer upon any street, alley, public way or public place, unless such trailer or semi-trailer, at such times it is so parked, is attached to a motor vehicle capable of providing the motive power far moving the trailer or semi-trailer upon the street, alley, public way or public place.

B. This section shall not prohibit the parking of a trailer or semi- trailer in the process of being loaded or unloaded, nor of a trailer or semi- trailer which is disabled in such a manner and to such an extent that it requires some vehicle or facility other than its normal means of motivation to move the same along such street, alley, public way or public place; provided, however, such trailer or semi-trailer so disabled may remain so parked while unattached to the motor vehicle described in this section only for the time necessary for the vehicle or facility to be provided for its removal, and in no event longer than two hours. ( Ord. 93- 104) C. Recreational vehicles such as travel trailers motorhomes marine vessels allterrain vehicles, and similar vehicles can park on the street no longer than 48- hours for the pur ose of loading, unloading, cleanin, and reparation before or after use. 295
General Requirements and Exceptions — Chapter 17. 16 Mark- Up ATTACHMENT 3 New text is shown by underline; deleted text is shown by *' r^' Chapter 17. 16 GENERAL REQUIREMENTS AND EXCEPTIONS

17. 16.010 Temporary subdivision signs and sales of ces.

Temporary subdivision signs and sales offices may be located within subdivisions for a period not to exceed two years from the date of recordation of the subdivision. Subdivision signs and sales offices shall be removed at the expense of the owner, unless, prior to the expiration of two years, a renewal of time is granted by the community development director. Upon expiration of such renewal period, subdivision signs and sales offices shall be removed at the expense of the owner. Subdivision signs shall be governed by the regulations prescribed in Chapter 17. 84. A temporary subdivision sales office shall not be permitted until an application for a subdivision sales office permit shall be made to and approved by the community development director in accordance with Chapter 17. 108. ( Ord. 13- 329 § 1; Ord. 92- 73) 296
R One- Family Residential District— Chapter 17. 32 Mark- Up ATTACHMENT 4 New text is shown by underline; deleted text is shown by Chapter 17. 32 R ONE- FAMILY RESIDENTIAL DISTRICT

17. 32. 020 Permitted uses.

A. One- family dwellings;
B. Raising of fruit and nut trees, vines, vegetables and horticultural specialties on a noncommercial basis;
C. Fenced or enclosed swimming pools for either individual, family or communal use on an exclusive noncommercial basis; provided, that no swimming pool shall be located within a utility easement;
D. A " small family day care home" as defined and regulated by the State Health and Safety Code, which provides care to eight or fewer children, including children who reside in the home;
E. A " lare
family day care home" as defined and regul ted bv the State Health and Safety Code for nine to fourteen ( 14) children, inclusive, inclLiding children who reside in the home;
F. A " Residential Care Facility" as defined by the State Health and Safety Code, which provides care to six or fewer persons, whether or not related; G. Accessory structures and uses located on the same site with a permitted use; H. Other uses which are added to this list according to the procedure in Section

17. 16. 020;
I. The keeping of animals in accordance with the standards of Chapter 17. 28. ( Ord. 21- 418 § 10; Ord. 16- 365 § 1; prior code § 176. 02)

17. 32. 030 Permitted uses— Administrative approval required.

The following uses may be permitted in accordance with Chapter 17. 108:

A. Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and signs and model home display areas, in accordance with Section 17. 16.010; B. Gas and electric transmission lines in accordance with Section 17. 108. 080, 297
R One-Family Residential District— Chapter 17. 32 Mark-Up ATTACHMENT 4 electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and elevated pressure tanks; C. Garden structures in accordance with Section 17. 32. 050; D. Mobilehomes on permanent foundations designed in accordance with the standards of Chapter 17. 68;
E. Tennis courts, including related fencing over seven feet in height located on the same site as a permitted or conditional use;
FF. Home occupations in accordance with Chapter 17. 64; G. Incidental and accessory structures and uses as defined in Section 17. 04. 080, located on the same site as a use permitted by administrative approval or conditional use; H. A second housing unit in accordance with the provisions of Chapter 17. 80; I3. Other uses which are added to this list according to the procedure in Section

17. 16. 020. ( Ord. 97- 151; Ord. 92- 73)
298
RM Multifamily Residential District— Chapter 17. 32 Mark- Up ATTACHMENT 5 New text is shown by underline; deleted text is shown by l Chapter 17. 36 RM MULTIFAMILY RESIDENTIAL DISTRICT

17. 36. 010 Purposes and application.

The RM multifamily residential districts are intended primarily for the development of multifamily residential structures at densities consistent with policies of the general plan, as follows:

A. The RM- MH8 district is intended exclusively for application to areas designated by the general plan or any applicable specific plan for mobilehome park development.

B. The RM- 3 district is intended exclusively for application to areas designated by the general plan for medium density.

C. The RM- 2 district is intended primarily for application to areas designated by the general plan for high density _"^' ^ ' r^ m +' ^ r+r^"„.;~.' ';+ r:^+ b
s—( Ord. 92- 73)

17. 36. 020 Permitted uses.

A. One- family dwellings;
B. Multifamily dwellings;
C. A residential care facility, as defined in Section 17. 32. 020; D. A " small family day care home" as defined and re ulated by the State Health and Safety Code, which provides care to eiQht or fewer children, including children who reside in the home;
E. A " larQe family day care home" as defined and repulated by the State Health and Safety Code for nine to fourteen ( 14) children, inclusive, includin children who reside in the home;
FD. Fenced or enclosed swimming pools for either individual, family or communal use on an exclusive noncommercial basis; provided, that no swimming pool shall be located within a utility easement or a front yard;
GE. Incidental and accessory structures and uses located on the same site with a permitted use;
299
RM Multifamily Residential District— Chapter 17. 32 Mark- Up ATTACHMENT 5 HF. Other uses which are added to this list according to the procedure in Section

17. 16. 020;
IG. The keeping of animals in accordance with the standards of Chapter 17. 28; JH. Emergency shelters, in accordance with the provisions of Chapter 17. 74. ( Ord. 21- 418 § 11; Ord. 20- 411 § 1; Ord. 16- 365 § 1; Ord. 92- 96; Ord. 92- 73)

17. 36. 030 Permitted uses— Administrative approval required.

The following uses may be permitted in accordance with Chapter 17. 108:

A. Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and signs and model home display areas, in accordance with Section 17. 16.010; B. Gas and electric transmission lines in accordance with Section 17108.080, electrical transmission and distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and elevated pressure tanks; C. Rest homes and nursing homes, and boarding or rooming houses; be}}- a'- hs- E P% R Ei a t,* h c f u t, , @-- 20rir., rc cr-v rric ucc- r=carm--arcci9t 2; DE. Garden structures in accordance with Section 17. 36.050( F); EF. Private clubs and lodges;
FG. Mobilehomes on permanent foundations designed in accordance with the standards of Chapter 17. 68;
GH. A second housing unit in accordance with the provisions of Chapter 17. 80; HI. Home occupations in accordance with the provisions of Chapter 17. 64; IJ. Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval or conditional use; JK. Other uses which are added to this list according to the procedure in Section

17. 16. 020. ( Ord. 97- 151; Ord. 92- 73)
300
Combining Districts— Chapter 17. 52 Mark- Up ATTACHMENT 6 New text is shown by underline; deleted text is shown by - 1 Chapter 17. 52 COMBINING DISTRICTS

17. 52. 030 Mossdale Village combining district ( MV).

A. Application. The Mossdale Village combining district ( MV) is intended for application to all lands located within the Mossdale Village portion of the West Lathrop Specific Plan. The designation of MV after any zoning district indicates that the zoning district so combined is modified by the regulations included in the West Lathrop Specific Plan then in effect.

B. Applicable Regulations and Procedures. The development of property within the MV combining district shall be subject to the regulations found in the West Lathrop Specific Plan ai d the ap licable Urban Design Conce t. In addition, it is anticipated that agricultural use of the land within the MV combining district will continue for many years. Therefore, the following shall be considered conforming uses in any zoning district which is combined with the MV combining district:

1. Field crops, tree crops, row crops, berry or bush crops, provided no additional land shall be planted in cotton, trees, or vines;

2. Farms for the keeping or raising of animals, excluding poultry farms, rabbit or other small animal farms, fish or frog farms, dairies, hog farms, feedlots, slaughterhouses and kennels unless otherwise specifically permitted in the zoning district which is combined or if they exist on the day the property annexes. Any new poultry farms, rabbit or other small animal farms, fish or frog farms, dairies, hog farms, feedlots, slaughterhouses and kennels proposed subsequent to annexation are specifically prohibited.

C. Conditionally Permitted Uses— Commission Approval Required. The following use may be approved according to the procedures in Chapter 17. 122:

1. Recycled water storage ponds and sprayfields. ( Ord. 04- 237 § 4; Ord. 96- 132) 301
Mossdale Landing Zoning Districts— New Chapter 17. 57 Mark- Up ATTACHMENT 7 New text is shown by underline; deleted text is shown by l Chapter 17. 57 Mossdale Landin Zonin Districts

17. 57. 010 Mossdale Landin Zonin Districts— purpose and application The Mossd le Landin Zonin Districts are subject to the Mossdale Landin Urban Design Conce t, the Mossdale Landin East Urban Desi n Conce t or Mossdale Landing South Urban Design Concept.
302
Southeast Stewart Tract Zoning Districts — Chapter 17. 60 Mark- Up ATTACHMENT 8 New text is shown by underline; deleted text is shown by - 1 Chapter 17. 60 SOUTHEA5T STEWART TRACT ZONING DISTRICTS

17. 60. 010 Southeast Stewart Tract districts; Purposes and application.

The zoning districts in this chapter are designed to provide the opportunity for a wide variety of residential and commercial uses that are compatible with the West Lathrop Specific Plan. The following regulations are supplemented by the entire text of the West Lathrop Specific Plan and are always combined with the ST ( Southeast Stewart Tract) combining zone. Except as specifically noted, these zoning districts are limited to the Southeast Stewart Tract. ( Ord. 03- 215 1; Ord. 96- 132)

17.60.020 C-REC-ST: commercial recreation zoning district.

A. Application. The C- REGST zoning district is intended to provide a variety of commercial uses that will include resorts, theme parks, specialty lodging, rypical highwayoriented uses and recreational related uses. Such a variety of uses will need special attention as to their design to ensure proper integration and compatibility. The urban design concept review shall establish a precise mix of uses in accordance with the general categories described in this section.

B. Permitted Uses. The following uses shall be permitted in areas covered by an urban design concept:

1. Theme parks and wildlife parks, family entertainment centers, special events and exhibition facilities;

2. Hotels, motels, resort hotels, chalets and related lodging establishments;

3. Highway- oriented retail uses, including restaurant, fast food restaurants, small food markets and service stations;

4. Farmer' s market and related commercial and entertainment facilities;

5. Transit and commuter parking facilities;

6. Golf courses and other sport facilities;

7. Campgrounds, R.V. parks and similar uses;

8. Specialty retail and entertainment uses including the retail transit center as defined by the urban design concept;

9. Special events as defined by the urban design concept; 303
Southeast Stewart Tract Zoning Districts — Chapter 17. 60 Mark- Up ATTACHMENT 8

10. Other compatible uses which are added to this list according to the procedure in Section 17. 16. 020.

C. Conditionally Permitted Uses. The following uses shall be permitted in areas covered by an urban design concept subject to securing a conditional use permit in accordance with the review procedure described in the West Lathrop Specific Plan.

1. Marinas and related uses;

2. Other compatible uses which are added to this list according to the procedure in Section 17. 16. 020.

D. Development Standards. Specific development standards for the commercial recreation ( C- REC) district shall be established as part of the urban design concept review by utilizing the following design guidelines:

1. By utilizing a creative approach to landscaping and screening, parking areas shall not become the predominant feature of the streetscape, especially as it relates to adjacent open spaces and arterial streets.

2. Landscaping and irrigation standards shall generally follow those required by Chapter 17. 92 and may be modified by the required UDC review by city staff, prior to issuance of development or building permits.

3. Building setbacks shall be varied in accordance with corresponding building heights, uses and proposed shop front and street activity. Higher structures may require a larger front yard setback, for example.

4. Signage and minimum parking requirements ( such as type and number of parking stalls) shall generally follow Section 17. 84. 100 and Chapter 17. 76 respectively, and may be modified by the required urban design concept review by city staff, prior to issuance of development or building permits. ( Ord. 03- 215 § 1; prior code § 194. 02) o. T4- o e- u' a' iC
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Southeast Stewart Tract Zoning Districts— Chapter 17. 60 Mark-Up ATTACHMENT 8

17.60.03b0 R-ST: residential zoning district.

Application. The residential zoning district shall only be applied t f•„";'" r.; a n*;' r ' approximately nine acres3 on the Southeast Stewart Tract and is defined as those uses and development standards found in Chapter 17. 32. Sinale-family residential uses and clustered housing are permitted with a density in compliance with the City' s General Plan.

Ord. 96- 132)

17.60.04 0 RCO: resource conservation and open space zoning district.

Application. The resource conservation and open space zoning district shall be that described in Chapter 17. 20, except that uses listed in Section 17. 20. 040 ( Conditional uses) shall be permitted uses herein subject to securing site plan approval. ( Ord. 96- 132)

17. 60. 05 0 UR: urban reserve zoning district.

Application. The urban reserve zoning district shall be that described in Chapter 17. 24.

Ord. 96- 132)

17. 60. 0610 Review process.

The review process for all applications on the Southeast Stewart Tract or in Mossdale Village shall be those described in the West Lathrop Specific Plan. If any process or application is not included in the West Lathrop Specific Plan, then the process as found in the city code shall apply. ( Ord. 03- 215 § 1; Ord. 96- 132)
311
Central Lathrop Zoning Districts — Chapter 17. 62 Mark- Up ATTACHMENT 9 New text is shown by underline; deleted text is shown by P* r; vo*, r^,,., Chapter 17. 62 CENTRAL LATHROP ZONING DISTRICTS
Article 2. VR- CL: Variable Density Residential District

17. 62.021 Purpose and application.

The VR-CL zoning district provides for a mix of low- and medium- density residential uses, The VR-CL District regulations are designed to promote and encourage a pleasant environment for family life and to provide space for community facilities needed to complement residential neighborhoods. ( Ord. 04- 245 § 3)

17. 62. 022 Permitted uses.

A. One- family dwellings;
B. Multi- family dwellings;
C. A " small family day care home" as defined and regulated by the State Health and Safety Code, which provides care to eight or fewer children, including children who reside in the home;
D. A "lar e family day care home" as defined and re ulated by the State Health and Safety Code for nine to fourCeen ( 14) children, inclusive, includin children who reside in the home;
E. A small residential care home;
F. An alcoholic recovery facility as defined by the State Health and Safety Code, which provides care to six or less persons, whether or not related; G. Accessory structures and uses located on the same site with a permitted use; Hf. Fenced or enclosed swimming pools for either individual, family or communal use on an exclusive non- commercial basis, provided that no swimming pool shall be located within a utility easement or a front yard;
I. Neighborhood parks;
J. Open space;
K. Public or private playgrounds;
312
Central Lathrop Zoning Districts — Chapter 17. 62 Mark- Up ATTACHMENT 9 L. Public schools;
M. The keeping of animals in accordance with Chapter 17. 28 of the Lathrop Zoning Code;
N 14. Other uses which are added to this list according to the procedures in Section

17. 16. 020 of the Lathrop Zoning Code. ( Ord. 16- 365 § 1; Ord. 04- 245 § 3)

17. 62.023 Permitted uses: administrative approval required.

The following uses may be permitted in accordance with the provisions of Chapter

17. 108 of the Lathrop Zoning Code:

A. Rest homes and nursing homes; and boarding ar rooming houses.

BE. Home occupations in accordance with the provisions of Chapter 17. 64 of the Lathrop Zoning Code.

C. Enclosed temporary construction materials storage yards required in connection with the development of a subdivision in accordance with Section 17. 16. 010 of the Lathrop Zoning Code.

D£. Temporary subdivision sales offices and signs, model homes, and model home display areas in accordance with Section 17. 16. O10of the Lathrop Zoning Code. b
t1 1Yi
E. Garden structures in accordance with the development standards described in this section.

F#. Tennis courts, including related fencing over seven feet in height located on the same site as a permitted or conditional use.

G. Expansion, remodeling, or additions to a conditional use that are not considered an incidental or accessory use as defined in Section 17. 04.080 of the Lathrop Zoning Code.

H. Incidental and accessory structures and uses as defined in Section 17. 04.080 of the Lathrop Zoning Code on the same site as a use that is permitted by administrative approval or a conditional use.

I. Other uses added to this list according to the procedures in Section 17. 16.020 of the Lathrop Zoning Code. ( Ord. 04- 245 § 3)
313
Central Lathrop Zoning Districts — Chapter 17. 62 Mark- Up ATTACHMENT 9 Article 3. HR-CL: High Density Residential

17. 62. 031 Purpose and application.

The HR-CL zoning district is intended to provide for the development of multi-family residential uses at densities consistent with the General Plan. These uses and regulations are designed to afford livable neighborhoods while incorporating other uses for community facilities and needs to facilitate urban living. ( Ord. 04- 245 3)

17. 62. 032 Permitted uses.

A. One- family dwellings limited to:

1. A single- family dwelling replacing an existing single- family dwelling on a one for one basis,

2. A single-family dwelling on an existing lot of eight thousand (8, 000) square feet or less, or

3. Single- family dwellings that are part of a housing development with the majority of units affordable to extremely low, very low, and/ or low income households; multifamily dwellings;
B. Two or more single-family dwellings proposed for the same site limited to:

1. One of the single- family dwellings is replacing an existing single- family dwelling on a one for one basis,

2. The dwellings are on an existing lot of 8,000 square feet or less, or

3. Single- family dwellings that are part of a housing development with the majority of units affordable to extremely low, very low, and/ or low income households; C. Multifamily dwellings, flats, townhouses or apartments; D. Duplexes;
E. Artist' s studios; live/ work units;
F. A small family day care home, a substance abuse recovery facility, or a small residential care home as provided in Section 17. 32. 020 of the Lathrop Zoning Code; G. A "lar e famil dav care home" as defined and regulated by the State Health and Safery Code for nine to fourteen (' 14) children, inclusive, includin children who reside in the 314
Central Lathrop Zoning Districts— Chapter 17. 62 Mark- Up ATTACHMENT 9 home;
HG. Fenced or enclosed swimming pools for either individual, family or communal use or an exclusive non-commercial basis, provided that no swimming pool shall be located within a utility easement or a front yard;
IH. Incidental and accessory structures and uses on the same site as a permitted use; JI. Neighborhood parks;
KJ. Open space;
LK. Public or private playgrounds;
ML. The keeping of animals in accordance with Chapter 17. 28 of the Lathrop Zoning Code;
NM. Other uses added to this list according to the procedures in Section 17. 16.020 of the Lathrop Zoning Code. ( Ord. 20- 411 § 1; Ord. 16- 365 § 1; Ord. 04- 245 § 3)

17. 62.033 Permitted uses: administrative approval required.

The following uses may be permitted in accordance with the provisions of Chapter

17. 108 of the Lathrop Zoning Code:
n co,,,,,,, a h,,,,;,,, . .,:+ „ „,; oa ,., r,,,..+ o,. i an „* i,o i ,,..,-,... ,,,,;,,,. ,., o a.. u,.. u ,,..., u }-
R A 1.,.-. o f.,.Y,; l.,. a,,.,. o 1,,.,, e ., . lof;,, o l ,,-,. a ,- „ I., ro. l L., the Cr., o LIo., 1rL, . 1 u.. u
y uuy ,
ui, v c c, u.r
AE. Enclosed temporary construction materials storage yards required in connection with the development of a subdivision in accordance with Section 17. 16. 010 of the Lathrop Zoning Code.

B. Temporary subdivision sales offices and signs, model homes, and model home display areas in accordance with Section 17. 16. 010.

C. Home occupations in accordance with the provisions of Chapter 17. 64 of the Lathrop Zoning Code.

D. Garden structures in accordance with the development standards described in this section.

Ef. Tennis courts, including related fencing over seven feet in height located on the same site as a permitted or conditional use.
315
Central Lathrop Zoning Districts— Chapter 17. 62 Mark- Up ATTACHMENT 9 F. Incidental and accessory structures and uses on the same site as a use permitted by administrative approval or conditional use.

G. Other uses added to this list according to the procedures in Section 17. 16. 020.

Ord. 04- 245 § 3)
l
Article 4. R/ MU- CL: ResidentiaVMixed- Use Zoning District

17. 62. 041 Purpose and application.

The R/ MU- CL zoning district provides for a mix of ar a single use of retail, services, restaurants, offices, higher density residential, and/or civic uses. This flexibility allows the ability to create interesting projects and other spaces at the core of the community, and to relate to the surrounding land uses and activities. ( Ord. 04- 245 § 3)

17. 62. 042 Permitted uses.
fS' Fi i- CtrYrivcc 6" rnTv vz ci'l[ cTirrttri:-- rc- c A. Any use listed as permitted in Section 17. 62.032: permitted uses in the HR-CL district.

BE. Services including, but not limited to:
1) Arts instruction ( music, dance, painting)
2) Appliance and equipment repair ( small)
3) Automatic teller machine
4) Barber/ beauty shop/ nail salon
5) Copying and printing
6) Drapery and blind installation
7) Dry cleaner/ laundry ( no plant on premises)
8) Format wear/ rental
9) Laundromat
10) Locksmith
316
Central Lathrop Zoning Districts — Chapter 17. 62 Mark- Up ATTACHMENT 9 11) Photographic studio
12) Tailor
13) Travel agency
14) Watch and clock repair
C. Local serving retail including, but not limited to:
1) Apparel/ accessories
2) Art gallery/ supply store
3) Automotive supply
4) BageUdonut shop
5) Bakery
6) Beauty supply store
7) Beer/ wine store, sales- tasting
8) Bicycle shop
9) Bookstare/ newsstand
10) Cafe
11) Camera equipment and supply
12) Candy and confectioners
13) Computers/ electronic equipment
14) Coffeehouse
15) Costume/wig shop
16) Consignment/ thrift store
17) Fabric/ craft store
18) Delicatessen
317
Central Lathrop Zoning Districts— Chapter 17. 62 Mark-Up ATTACHMENT 9 19) Drug/ pharmacy ( prescription and over the counter) 20) Dry goods
21) Floor coverings
22) Florist/plant shop ( fertilizer to be stored and sold only in packaged form) 23) Food/ grocery store— Supermarkets, markets, health, specialty, other 24) Gift shop/ novelties
25) Hardware
26) Home appliances
27) Ice cream/ yogurt shop
28) Jewelry store
29) Music store
30) Paint, glass and wallpaper store
31) Party supplies
32) Pet store and supplies
33) Phone/ Internet service provider
34) PostaUmail store
35) Picture framing shop
36) Restaurant( no drive- through)
37) Shoe store/ shoe repair
38) Specialty goods, including cooking supplies, house wares, linen, window coverings, china/ glassware, etc.
39) Sporting goods
40) Stationary/ office supplies/ card shop
41) Toy store/ hobby shop
318
Central Lathrop Zoning Districts — Chapter 17. 62 Mark- Up ATTACHMENT 9 42) Variety store
43) Video store, subject to limitations of Chapter 5. 08 of the Lathrop Municipal Code D. Business and professional offices, including, but not limited to:
1) Professional offices including accounting, architectural, dental, engineering, legal, etc.
2) Small business offices
E. Other uses including, but trot limited to:
1) Outdoor seating for food establishments
2) Parking lot
G. Incidental and accessory structures and uses on the same site as a permitted use.

F. Other uses added to this list by the planning commission according to the procedures in Section 17. 16. 020 of the Lathrop Municipal Code. ( Ord. 04- 245 § 3)

17. 62. 043 Permitted uses: administrative approval required.

The following uses may be permitted in accordance with the provisions of Chapter

17. 108 of the Lathrop Zoning Code:
b , .

A. Enclosed temporary construction materials storage yards required in connection with the development of a subdivision in accordance with Section 17. 16. 010 of the Lathrop Zoning Code.

BE. Temporary subdivision sales offices and signs, model homes, and model home display areas in accordance with Section 17. 16. 010.

C. Home occupations in accordance with the provisions of Chapter 17. 64 of the Lathrop Zoning Code.

D. Garden structures in accordance with the development standards described in this chapter
E. Tennis courts, including related fencing over seven feet in height located on the same site as a permitted or conditional use.

F. Banks, savings and loan and other financial institutions. 319
Central Lathrop Zoning Districts — Chapter 17. 62 Mark- Up ATTACHMENT 9 G. Electrical transmission and distribution sub- stations, gas regulator stations, public service pumping stations and elevated pressure tanks.

H. Garden supply and plant nurseries.

I. Liquor, packaged.

J. Medical, optometry, and dental clinics and offices.

K. Recreational facility—Indoor.

L 4. Incidental and accessory structures and uses on the same site as a use permitted by administrative approval or conditional use.

M. Other uses added to this list according to the procedures in Section 17. 16. 020.

Ord. 04- 245 § 3)

17. 62. 044 Conditional uses— Planning commission approval required.

The following uses may be permitted in accordance with the provisions of Chapter

17. 112 of the Lathrop Zoning Code:

A. State authorized licensed day care centers r*'* r ^ r " .

B. Churches and other religious facilities.
b
Y'ttl1't1C:

C. Modest expansion or remodeling of an existing nonconforming use of a structure or land, up to fifty percent ( 50°Io) or less of the value of the structure, or reestablishment of a nonconforming use which has been damaged, except nonconforming signs and outdoor advertising structures, nonconforming uses occupying a structure with an assessed valuation of less than two hundred dollars ($ 200), and nonconforming fences, walls and hedges.

D. Gas and electric transmission lines in accordance with Section 17. 108.080 of the Lathrop Zoning Code, electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and elevated pressure tanks.

E. Public and quasi- public uses of an educational or religious type, including parochial schools, colleges, nursery schools, private non-profit schools and colleges, churches, parsonages and other religious institutions.

FCC. Public uses of an administrative, recreational, public service or cultural type including post offices, libraries, museums, art galleries, and other public buildings, structures and 320
Central Lathrop Zoning Districts— Chapter 17. 62 Mark- Up ATTACHMENT 9 facilities; and community centers, senior centers and youth centers.

G. Public and private charitable institutions, hospitals, sanitariums, including a state authorized, certified or licensed family care homes, foster homes or group homes serving seven or more mentally disordered or otherwise handicapped persons, including rehabilitation homes for the alcohol and/ or chemically dependent, or dependent and neglected children, where such homes provide care on a twenty-four (24) hour basis.

H. Reclaimed water storage and water quality ponds.

I. Spray fields.

J. Storm drain detention and retention ponds.

K. Bars, cocktail lounges or nightclubs.

L 4. Microbreweries.

M9. Street fair or farmer' s market.

N. Theater— Indoor ( dinner, movie, live play, etc.).

OQ. Video arcade.

P. Other uses added to this list according to the procedures in Section 17. 16. 020 of the Lathrop Zoning Code. ( Ord. 04- 245 § 3)
Table 17. 62. 120 Central Lathrop Specific Plan: Non- Residential Site Development Standards
Of ce Off'ice- Neighborhood Specialty Residential PublidSemiCommercial Comm./ Var. Commercial Commercial Mixed- Use Public/ CO- CL) ResJWWTP ( NGCL) ( SPGCL) ( R/ MU- CL) Neighborhood OC/ VR/ WWTP- Commercial

CL) P/ SP/ NGCL)
Min. Street Frontage
Setbacks
Lathrop Center District
a n/ a n/ a
fl
Golden Valley Parkway 10 10 l0 n/ a
a n/ a
Other Streets 10 l0
a
10 n/ a 10
Other Setbacks
Front, Rear and Side Yards 0 0 0 0 0 0
Hei ht Re uirements
Maximum Building Height
3 75 75 45 35 65 45
S ecial Tower Elements n/ a n/ a 70 70 70 70
Minimum Buildin Hei ht n/ a n/ a 15 IS 15 15
Buildin Se aration
321
Central Lathrop Zoning Districts— Chapter 17. 62 Mark- Up ATTACHMENT 9 OfCce Of ce- Neighborhood Specialty Residential PublidSemiCommercial CommJVar. Commercial Commercial Mixed- Use Public/ CO- CL) Res./ WWTP ( NC- CL) ( SPGCL) ( R/ MU- CL) Neighborhood OC/ VR/ WWTP- Commercial

CL) P/ SP/ NGCL)
Standard Per CBC
5 Per CBC
5 Per CBC 5
Per CBC 5
Per CBC
5 Per CBC 5
Pedestrian Access Width 15 15 15 15 IS 15
Lot Size and Covera e
Minimum Parcel Area None None None None None None
Minimum Width None None None None None None
Minimum De th None None None None None None
Maximum FAR 0. 60 0. 60 0. 60 0. 40 4. 0 0. 60
Maximum Covera e 70% 70% 60% 60% 90% 70%
Off- Street Parkin
Remainder of CLSP 1 stall er 400 net asable s . ft. for office; other uses er Cha ter 17. 7684 of the Lathro Munici al Code Notes to Table 17. 62. 120
1 n/ a= not applicable.
2 Building or parking area fronting any public street - measured from property line or rightof-way. 3 Exceptions to maximum height may be granted through Design Review for towers, steeples, cupolas, dormers, flagpoles and other architectural elements. 4 Minimum width between structures when pedestrian access way provided. s
Califarnia Building Code.
6 Reductions of parking standards may be granted for shared parking subject to approval of a parking study concurrent with Design Review.

Ord. 08- 276 § 1)
322
Home Occupations — Chapter 17. 64 Mark- Up ATTACHMENT 10 New text is shown by underline; deleted text is shown by 1 Chapter 17. 64 HOME OCCUPATIONS

17. 64. 010 Procedure.

Home occupations shall be permitted only in accordance with the regulations in Chapter 17108 and this chapter. ( Ord. 92- 73)

17. 64. 020 Standards.

A. Before approving an application for a home occupation in accordance with the provisions of Chapter 17. 108 and this section, the planning director shall determine that the proposed home occupation will comply with the following standards:

1. A home occupation within a dwelling unit shall be clearly incidental to the use of the structure as a dwelling.

2. A home occupation shall not be conducted in any accessory structure, other than a garage, and there shall be no storage of equipment or supplies in any accessory structure, other than a garage, or outside the dwelling.

3. Only residents of the dwelling may be engaged in work activities at the residence.

Employees may not come to the residence for work purposes, including pick- up of materials, vehicles, assignments, or similar purposes.

4. Sales of goods on the premises shall be limited to the products of the home occupation, and no merchandise or goods shall be sold, kept or displayed for the purposes of sale on the premises.

5. Merchandise not produced on the premises may be kept and stored for purposes of sale at locations off the premises; provided, that such merchandise is limited to small articles, such as jewelry, cosmetics and similar items of inerchandise which can be carried by one person in a case or other container. For purposes of this standard, materials typically involved in providing contracting services, such as plumbing, heating, air conditioning, electrical, carpentry and landscaping are not included within the meaning of the clause " small articles."

6. A home occupation may involve the performance of business and professional services in which goods, wares and merchandise are not commercially created, sold or exchanged, but shall not include beauty salons, barber shops, medical offices, tattoo parlors, fortune tellers, palm readers or similar services, unless otherwise permitted to operate a Mobile Unit authorized by the CA Department of Consumer Affairs, Board of BarberinQ and Cosmetolo y.
323
Off-Street Parking and Loading— Chapter 17. 76 Mark-Up ATTACHMENT 11 New text is shown by underline; deleted text is shown by 1 Chapter 17. 76 OFF- STREET PARKING AND LOADING

17.76.020 Off-street parking facilities required.

A. Definition. A " parking space" shall be an area for the parking of a motor vehicle, plus those additional areas and facilities required to provide for safe access to and from the space. The area set aside to meet these provisions must be useable and accessible for the type of parking need that must be satisfied.

B. Special Limitations and Requirements in Residential Areas.

1. In any residential district, no recreation vehicle, including motor home, camping trailer, boat trailer, boat, pick- up camper, fifth wheel or dune buggy, utility trailer shall be stored or parked except within an enclosed side or rear yard or within a garage or carpart; no- semi truck and trailer, semi-truck, trailer or other truck exceeding one ton of capacity shall be parked within any residential district.

2. In any residential district, all motor vehicles incapable of movement under their own power, other than in cases of emergency accident or breakdown, shall be stored in an entirely enclosed space, garage ar carport. No mare than one such vehicle shall be so stored at any time, and no more than one such vehicle shall be allowed to be under repair at any time.

Parking on lawns or other areas in front yards, other than on a driveway, is prohibited.

C. When Off-Street Parking is Required. Except as provided in subsection J below or in Section 17. 76. 100, there shall be provided off-street parking facilities in accordance with the provisions of this chapter when any of the following shall occur:

1. Initial occupancy of a site;

2. A major alteration or enlargement of a use, site or building;

3. A change in use that requires additional parking.
324
Accessory Dwelling Units— Chapter 17. 80 Mark- Up ATTACHMENT 12 New text is shown by underline; deleted text is shown by l Chapter 17.80 ACCESSORY DWELLING UNITS

17. 80. 030 Development standards.

A. Development Standards. Accessory dwelling units shall comply with the following standards:

1. ADU Type, Location & Size.
a. Attached Unit. An ADU attached to an existing primary dwelling shall not exceed fifty percent ( 50%) of the total existing or proposed living area of the primary dwelling. b. Detached Unit. An ADU structurally independent and detached from the existing or proposed primary dwelling shall not exceed one thousand two hundred ( 1, 200) square feet. c. ADUs shall have independent exterior access from the primary dwelling. No passageway to the primary dwelling shall be required.
d. ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence.

2. JADU Location, Size, and Standards.
a. A JADU shall be constructed entirely within an existing or proposed primary dwelling and shall not exceed five hundred ( 500) square feet. b. JADUs shall have an independent exterior entrance from the primary dwelling but may also include shared access between two units.
c. A JADU, at a minimum, shall include an efficiency kitchen as defined in Section

17. 04. 080.
d. The property owner shall reside in either the principal dwelling unit or the junior accessory dwelling unit.
e. Prior to issuance of a building permit for the JADU, the property owner shall file with the city a deed restriction for recordation with the County Recorder, which shall run with the land and include the provisions listed in Government Code Section 65852. 22. 325
Accessory Dwelling Units — Chapter 17. 80 Mark- Up ATTACHMENT 12

3. Setbacks.
a. Have minimum interior side and rear setbacks of four feet and street side setback of ten ( 10) feet.
b. No setback shall be required for an existing living area or accessory structure in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
c. Setback from Structures. Be set back from other structures on the parcel consistent with the city-adopted building code.

4. Height. Not to exceed one story or sixteen ( 16) feet in height, except that a detached accessory dwelling unit may be constructed above a detached garage to a maximum height of thirty ( 30) feet.

5. Location on Parcel. An accessory dwelling unit can either be attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing dwelling.

B. Compatibility. The accessory dwelling unit shall be designed and constructed to be compatible with the existing house as to height, style, materials, and colors.

C. Access. Doorway access shall be provided either to the side or rear of the accessory dwelling unit. Doorway access may front the street for detached ADUs as long as the detached ADU is recessed from the main dwellin4 unit and located behind the front yard fence.

The accessory dwelling unit shall utilize
the same vehicular access which serves the existing dwelling unit. 326
Wireless Communication Facilities— Chapter 17. 97 Mark- Up ATTACHMENT 13 New text is shown by underline; deleted text is shown by - vo*, r^„, Chapter 17. 97 WIRELESS COMMUNICATION FACILITIES

17. 97. 010 Purpose and intent.

The purpose of this chapter is two- fold: (A) to implement within the jurisdictional boundaries of the city the applicable zoning, land use and other laws, rules, regulations and policies and procedures applicable to siting applications filed with the city by wireless communications facilities infrastructure owners and operators and wireless communications service providers, which seek to install or attach their facilities at locations in Lathrop; and ( B) to accommodate new wireless technologies and continued improvements to existing wireless communications facilities while minimizing their adverse visual and structural health and safety impacts. Consistent with that purpose, the provisions of this section are to be construed in a manner that is consistent with: ( 1) the interest of consumers in receiving the benefits of the deployment of ultra-high-speed and high-capacity broadband wireless communication facilities technology and innovations and the delivery of ultra- high- speed and high- capacity broadband wireless communications facilities services; ( 2) the interest in safeguarding the environment, and addressing aesthetics and other local values; and ( 3) the interest in promoting the public health, safety and welfare in Lathrop.

A wireless communications facility is permitted to be sited in Lathrop subject to applicable requirements imposed by this chapter, which- includes a site plan review process, and a conditional use permit '^*^ n rr
c,
r^* h. These processes are intended to permit
wireless communications facilities that blend with their existing surroundings and do not negatively impact the environment, historic properties, or public safety. The procedures prescribed by this chapter are tailored to the type of wireless communication facility that is sought. Building- mounted wireless communications facilities and collocation of facilities are preferred and encouraged, subject to all other provisions of this chapter. ( Ord. 16- 369 § 1)

17.97.080 Tier 3 WCF permit process and ndings.

A. A Tier 3 WCF permit shall be reviewed by the planning commission as part of a site plan review ande conditional use permit. If denied by the planning commission, applicant may appeal to city council for reconsideration pursuant to Section 17. 100. 070.

B. The council on appeal shall grant a Tier 3 WCF permit provided the proposed WCF complies with the development standards in Section 17. 97. 090 and the conditions of approval in Section 17.97. 100, and all of the site plan review findings in Chapter 17. 100 and the conditional use permit findings in Chapter 17. 112 can be made.

C. Planning commission or city council on appeal, shall deny a Tier 3 WCF permit if the above findings cannot be made. ( Ord. 16- 369 § 1)
327
Site Plan Review— Chapter 17. 100 Mark- Up ATTACHMENT 14 New text is shown by underline; deleted text is shown by l Chapter 17100 SITE PLAN REVIEW
l

17. 100. 110 Revocatio n.

The revocation of a site plan shall be governed by the provisions of Section 17112. 12 0.

Ord. 92- 73)
328
Administrative Approval of Certain Uses— Chapter 17. 108 Mark- Up ATTACHMENT 15 New text is shown by underline; deleted text is shown by l Chapter 17. 108 ADMINISTRATIVE APPROVAL OF CERTAIN USES

17. 108. 090 Review of temporary uses.

In order to assure the protection of the health, safety and welfare of the citizens of the city, while still providing for their pleasure and convenience, the community development director or the city manager' s designee may issue a permit for the establishment of temporary uses within the city in accordance with the following procedure and conditions; however, at his or her discretion or at the request of the planning commission, he or she may refer any application for a temporary use or structure to the planning commission for consideration.

A. Prior to the establishment of any temporary use on any lot or parcel in the city, an administrative approval shall be obtained from the planning division. Such permit may be issued for a maximum of thirty ( 30) days after the date of issue for any use which is deemed by the community development director or the city manager' s designee, to be of a temporary nature upon making the findings required in Section 17. 108. 030.

B. Temporary uses for which permits may be granted include, but are not limited to, carnivals, circuses, religious revivals, Christmas tree lots, promotions and sales in trucks or trailers, animal shows or displays and pumpkin patches.

C. Temporary uses conducted entirely within a structure that is occupied by an existing business or organization shall be exempt from the provisions of this section.

D. Ingress and egress shall be limited to that designated by the community development department. Appropriate directional signs, barricades, fences or landscaping shall be provided where required.

E. Off-street parking facilities shall be provided on the site of each temporary use.

F. Upon termination of the temporary use or abandonment of the site, the applicant shall remove all materials and equipment and restore the premises to its original condition.

G. The opening and closing time for promotional enterprises shall coincide with the hours of operation of the sponsoring commercial establishment. Reasonable time limits for other uses may be set by the community development director or the city manager' s designee, based on the impact of the use on surrounding properties.

H. The following temporary uses are exempt from the permit requirements of this chapter, provided that they comply with the development standards listed herein:
329
Administrative Approval of Certain Uses— Chapter 17. 108 Mark- Up ATTACHMENT 15

1. Garage sales consistent with Section 17. 16. 110.

2. Fireworks stand, provided that the necessary permit( s) are obtained from the fire department and/ or other regulatory agencies consistent with the requirements of Chapter 8. 13.

3. Temporary events sponsored by the City and held on City owned facilities or property.

4. Temporary construction/lavdown yard for a utility cornpany that is associated with a construction roject in the Cit
I. Applications for temporary permits shall be submitted and processed as described in this chapter except that the application shall be accompanied by the following:

1. Five copies of a dimensional plot plan showing the following:
a. The subject property with the lot lines and abutting properties, b. The location of the temporary use related to the subject and adjoining properties, c. The parking, driveways and loading areas,
d. The vehicular ingress and egress;

2. One copy of the dimensioned elevations of any structure proposed for the location;

3. A description of the proposed means of providing sewer and water to the site, if appropriate;

4. A copy of the notice to animal control as required by Section 25989. 1 of the California Health and Safety Code.

J. The community development director or the city manager' s designee shall have the authority to approve or disapprove the application, or to approve it subject to compliance with such conditions as may be deemed necessary to carry out the purposes of this title and to meet the requirements listed in subsection A of this section.

K. In the event the applicant is not satisfied with the decision of the community development director or the city manager' s designee, the applicant may appeal the decision as outlined in Section 17. 108. 050. ( Ord. 13- 329 § 1; Ord. 10- 298 § 1; Ord. 99- 168) 330

CITY OF LATHROP
PLANNING COMMISSION RESOLUTION NO. 21- 30

A RESOLUTION OF THE PLANNING COMNIISSION OF THE CITY OF LATHROP

RECOMI NDING CITY COUNCIL ADOPT VARIOUS AMENDMENTS TO THE LATHROP MUNICIPAL CODE TO MODERNIZE, SIMPLIFY, AND STREANII.INE VARIOUS SECTIONS OF TITLE 17, ZONING CODE AND TITLE 10, VEHICLES AND TRAFFIC ( TA- 21- 151)
WHEREAS, the City of Lathrop Planning Commission held a duly noticed public hearing to consider the text amendment pursuant to the Lathrop Municipal Code; and WHEREAS, the proposed text amendment is Citywide and affects all applicable properties in the City; and
WHEREAS, Chapter 17. 124 of the Lathrop Municipal Code mandates the transmittal of a recommendation to the City Council by resolution; and
WHEREAS, the proposed text amendment is exempt according to the California Environmental Quality Act ( CEQA) Article 5 § 15061( b)( 3) by the " Common Sense Exemption" that CEQA applies only to projects that have a potential for causing a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment; and WHEREAS, the Planning Commission finds that the proposed text amendment is consistent with applicable provisions of the Lathrop General Plan and will implement the City' s Economic Development goals by providing streamiine procedures, minor clarifications and incorporate updated policies; and
WHEREAS, proper notice of this public hearing was given in all respects as required by law; and
WHEREAS, the Planning Commission has reviewed all written evidence and oral testimony presented to date.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Lathrop based on substantial evidence in the administrative record of proceedings and pursuant to its independent review and consideration, does hereby recommend the City Council adopt Municipal Code Text Amendment No. TA-21- 151 as shown in Attachments 2 through 15, incorporated by reference herein.

Planning Commission Resolution No. 21- 30 Page 1 of 2
331
PASSED AND ADOPTED by the Planning Commission of the City of Lathrop at a regular meeting on the 15` h
day of December, 2Q21 by the following vote:

AYES: Dresser, Rhodes, Ishihara, Ralmilay
NOES: None
ABSTAIN: None
ABSENT: Gatto
Steve resser, Chair
ATTEST: APPROVED AS TO FORM:
k M is er, S retary Salvador Navarrete, City Attorney
Planning Comrnission Resolution No. 21- 30 Page 2 of 2
332
ITEM 5. 3

CITY MANAGER' S REPORT
ANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
ITEM: CONSIDER CREATION OF CIP PW 22- 36 FOR

AQUIFER STORAGE AND RECOVERY, AND

APPROVAL OF AGREEMENT WITH CAROLLO
ENGINEERS, INC. AND RELATED BUDGET

AMENDMENT
RECOMMENDATION: Council to Consider the Adoption of a
Resolution Approving the Creation of Capital
Improvement Project ( CIP) PW 22- 36 for the
Aquifer Storage and Recovery, and Approve
Professional Services Agreement with Carollo
Engineers, Inc. and Approve Related Budget
Amendment
SUMMARY:

The City' s drinking water comes from two sources, local groundwater and surface water purchased from the South San Joaquin Irrigation District ( SSJID). The City' s water supply is reliable and staff has taken the necessary steps to plan for future growth and the corresponding water needs; however, there are some risks that are especially challenging to plan for. These risks include but are not limited to, prolonged droughts, new State regulatory requirements, emerging groundwater contaminants, and management of upstream reservoirs.

To mitigate these risks and further protect the City' s water supply needs, staff is requesting that City Council consider creating a Capital Improvement Project ( CIP) to evaluate the use of Aquifer Storage and Recovery ( ASR). ASR is a water resources management technique for actively storing water underground during wet periods for recovery when needed. The injection and extraction of water is done using a well and is permitted though the State Water Board.

Staff is recommending that City Council approve the creation of Capital Improvement Project PW 22- 36 Aquifer Storage and Recovery with an initial budget of $ 350, 000.

In addition, staff is requesting Council approve a Professional Services Agreement with Carollo Engineers, Inc. ( Carollo) in the amount of $ 301, 744 for completing the engineering feasibility study and preliminary design.

Project funds were not included in the adopted Fiscal Year ( FY) 21/ 22 Budget, therefore, staff is requesting that Council approve a budget amendment allocating 350, 000 of the Water Capital Replacement Fund 5600 for the proposed project to complete the feasibility study and preliminary design.
333
CITY MANAGER' S REPORT PAGE 2
7ANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
CONSIDER CREATION OF CIP PW 22- 36 FOR AQUIFER STORAGE AND

RECOVERY, AND APPROVAL OF AGREEMENT WITH CAROLLO ENGINEERS, INC. AND RELATED BUDGET AMENDMENT
BACKGROUND:

At the request of staff, Carollo has provided a proposal to assist the City with completing the engineering feasibility study and preliminary design for the ASR project for a cost not to exceed $ 301, 744. Carollo' s scope includes coordinating and oversight of drilling an ASR test hole, water quality sampling and testing, and recommendations for the ASR well design.

REASON FOR RECOMMENDATION:

Aquifer Storage and Recovery would allow for greatly improved reliability of the City' s water supplies by pumping and storing surface water purchased from the South San Joaquin Irrigation District during wet seasons into the ground for subsequent recovery and use during dry seasons, times of drought, or water supply shortage.

Creation of CIP PW 22- 36 Aquifer Storage and Recovery, approval of the agreement with Carollo, and allocation of funds would allow staff to move forward with completion of the engineering feasibility study and preliminary project design.

FISCAL IMPACT:

Staff is requesting that City Council approve the creation of Capital Improvement Project PW 22- 36 Aquifer Storage and Recovery with an initial budget of $ 350, 000.

Sufficient funds were not included in the adopted Fiscal Year 21/ 22 Budget; therefore, staff is requesting that Council approve a budget amendment allocating $ 350, 000 of the Water Capital Replacement Fund 5600 as follows:
334
CITY MANAGER' S REPORT PAGE 3
ANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
CONSIDER CREATION OF CIP PW 22- 36 FOR AQUIFER STORAGE AND

RECOVERY, AND APPROVAL OF AGREEMENT WITH CAROLLO ENGINEERS, INC. AND RELATED BUDGET AMENDMENT
Increase Transfers Out
5600- 99- 00- 990- 90- 10 350, 000
Increase Transfers In
5690- 99- 00- 393- 00- 00 PW 22- 36 350, 000
Increase Expenditures
5690- 80- 00- 420- 12- 00 PW 22- 36 350, 000
ATTACH M ENTS:

A. Resolution Approving the Creation of Capital Improvement Project ( CIP) PW 22- 36 for the Aquifer Storage and Recovery, and Approve Professional Services Agreement with Carollo Engineers, Inc. and Approve Related Budget Amendment.

B. Professional Services Agreement with Carollo Engineers, Inc. to Provide the Lathrop Aquifer Storage and Recovery Feasibility Study and Funding Support, CIP PW 22- 36
335
CITY MANAGER' S REPORT PAGE 4
ANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
CONSIDER CREATION OF CIP PW 22- 36 FOR AQUIFER STORAGE AND

RECOVERY, AND APPROVAL OF AGREEMENT WITH CAROLLO ENGINEERS, INC. AND RELATED BUDGET AMENDMENT
APPROVALS:
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Greg Gi on Date
Senior Civil Engineer
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Michael King Date
Public orks Director
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Cari Jame Date
Finance Di ector
2-p ZSalvador Navarrete Date
City Attorney
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Ste Salvatore Date
City Manager
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RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING THE CREATION OF CAPITAL IMPROVEMENT PRO) ECT ( CIP) PW 22- 36 FOR THE AQUIFER STORAGE AND RECOVERY, AND APPROVE PROFESSIONAL SERVICES AGREEMENT WITH CAROLLO ENGINEERS, INC.

AND APPROVE RELATED BUDGET AMENDMENT
WHEREAS, the City' s drinking water comes from two sources, local groundwater and surface water purchased from the South San Joaquin Irrigation District ( SSJID). The City' s water supply is reliable and staff has taken the necessary steps to plan for future growth and the corresponding water needs; and WHEREAS, there are some risks that are especially challenging to plan for, including but are not limited to, prolonged droughts, new State regulatory requirements, emerging groundwater contaminants, and management of upstream reservoirs; and
WHEREAS, to mitigate these risks and further protect the City' s water supply needs, staff is requesting that City Council consider creating a Capital Improvement Project ( CIP) to evaluate the use of Aquifer Storage and Recovery ( ASR); and WHEREAS, ASR is a water resources management technique for actively storing water underground during wet periods for recovery when needed. The injection and extraction of water is done using a well and is permitted though the State Water Board; and
WHEREAS, at the request of staff, Carollo Engineers, Inc. ( Carollo) has provided a proposal to assist the City with completing the engineering feasibility study and preliminary design for the ASR project for a cost not to exceed $ 301, 744; and WHEREAS, staff is recommending that City Council approve the creation of CIP PW 22- 36 Aquifer Storage and Recovery with an initial budget of $ 350, 000. In addition, staff is requesting Council approve a Professional Services Agreement with Carollo in the amount of $ 301, 744 for completing the engineering feasibility study and preliminary design; and
WHEREAS, project funds were not included in the adopted Fiscal Year ( FY) 21/ 22 Budget, so therefore staff is requesting that Council approve a budget amendment allocating $ 350, 000 of the Water Capital Replacement Fund 5600 for the proposed project to complete the feasibility study and preliminary design.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby approve the creation of CIP PW 22- 36 Aquifer Storage and Recovery and approval of a professional services agreement with Carollo Engineers, Inc. in the amount of $ 301, 744 for completion of the engineering feasibility study and preliminary design; and
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NOW, THEREFORE, BE IT FURTHER RESOLVED, by the City Council of the City of Lathrop hereby approves the budget amendment to the following accounts:

Increase Transfers Out
5600- 99- 00- 990- 90- 10 350, 000
Increase Transfers In
5690- 99- 00- 393- 00- 00 PW 22- 36 350, 000
Increase Expenditures
5690- 80- 00- 420- 12- 00 PW 22- 36 350, 000
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The foregoing resolution was passed and adopted this 10th day of January 2022, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO ORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 339
Attachment B

CITY OF LATHROP

AGREEMENT FOR PROFESSIONAL ENGINEERING CONSULTING
SERVICES WITH CAROLLO ENGINEERS, INC.

TO PROVIDE THE LATHROP AQUIFER STORAGE AND RECOVERY
FEASIBILITY STUDY AND FUNDING SUPPORT, CIP PW 22-36
THIS AGREEMENT, dated for convenience this 10th day of January, 2022, is by and between Carollo Engineers, Inc., (" CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:

WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Professional Engineering Consulting Services, which are required by this agreement; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such Professional Engineering Consulting Services, as hereinafter defined, on the following terms and conditions; and NOW, THEREFORE, CONSULTANT and the CITY agree as follows:

AGREEMENT
1) Scope of Service
CONSULTANT agrees to provide the Lathrop Aquifer Storage and Recovery Feasibility Study and Funding Support, CIP PW 22- 36 in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit" A" and incorporated herein by reference. CONSULTANT represents it is prepared to and can diligently perform these services in accordance with the standards of its profession by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of California, and to CITY' S satisfaction. The fee proposal shall include all reimbursable costs required for the performance of the Scope of Services.

Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved of in advance and in writing, by the CITY. 2) Compensation
CITY hereby agrees to pay CONSULTANT a sum not to exceed$ 301, 744.00 for the Lathrop Aquifer Storage and Recovery Feasibility Study and Funding Support, CIP PW 22-36 on a time and materials basis as set forth in Exhibit " A". CONSULTANT shall be paid any uncontested sum due and payable within thirty( 30) days of receipt of billings containing all information pursuant to Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit " A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' s authorized representative prior to the commencement of the work. Payment is made based on a lump sum by task basis.

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Lathrop City CouncilJanuary 10, 2022

Lathrop City Council
January 10, 2022