Los Banos City Council
April 20, 2022

LOs Banos
At the ( rossroads of California
www.losbanos.org
AGENDA

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
APRIL 20, 2022-6:00 PM
If you require special assistance to attend or participate in this meeting, please call the City Clerk's Office @ (209) 827-7000 at least 48 hours prior to the meeting.

The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * ** * * * * * * *
Si requiere asistencia especial para atender o participar en esta junta por favor /lame a la oficina de la Secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas previas de la junta.

La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos.org.
* * * * * * * ** * * * * * * *
Cua/quier escritura o los documentos proporcionaron a una mayoria def Ayuntamiento respecto a cualquier articu/o en este orden def dfa sera hecho disponible para la inspecci6n publica en la reunion yen la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,
California durante horas de oficina normales. Ademas, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org.

1. CALL TO ORDER - April 20, 2022 6:00 PM

2. PLEDGE OF ALLEGIANCE.

3. ROLL CALL: (City Council Members)
Jones __ , Lambert __ , Lewis __ , Llamas __ , Faria __

4. CONSIDERATION OF APPROVAL OF AGENDA.

5. PUBLIC FORUM. (Members of the public may address the City Council Members on any item of public interest that is within the jurisdiction of the City Council; includes agenda and non-agenda items. No action will be taken on non-agenda Los Banos City Council Agenda - April 20, 2022 Page 1 of 4 1 items. Speakers are limited to a five (5) minute presentation. Detailed guidelines are posted on the Council Chamber informational table.)

6. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.) A. Check Register for #232013 -#232120 in the Amount of $475,037.20.

Recommendation: Approve the check register as submitted.

B. Minutes for the April 6, 2022 City Council Meeting.

Recommendation: Approve the minutes as submitted.

C. City Council Resolution No. 6482 - Accepting the Grant Deed and Dedication from Stonefield Home, Inc., a California Corporation, to the City of Los Banos for a Portion of Ward Road Near Luna Court, Consisting of Approximately

1.43+- Acres as a Portion of Assessor Parcel Number 073-220-017.

Recommendation: Adopt the resolution as submitted.

D. City Council Resolution No. 6483 - Accepting a Grant Deed and Easement Deed Dedication from Century Communities of California, LLC, a Delaware Limited Liability Company, to the City of Los Banos for a Portion of San Luis Street Near Place Road, Assessor Parcel Number 428-370-011 thru 428-370- 019.

Recommendation: Adopt the resolution as submitted.

E. City Council Resolution No. 6484 - Accepting Public Improvements for Southpointe at Regency Park, Phase 4 [Stonefield Home, Inc.].

Recommendation: Adopt the resolution as submitted.

F. City Council Resolution No. 6485 - Accepting Public Improvements for Southpointe at Regency Park, Phase 5 [Stonefield Home, Inc.].

Recommendation: Adopt the resolution as submitted.

G. City Council Resolution No. 6486 - Accepting Public Improvements for Southpointe at Regency Park, Phase 6 [Stonefield Home, Inc.].

Recommendation: Adopt the resolution as submitted.

H. City Council Resolution No. 6487 - Reauthorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Los Banos Pursuant to the Provisions of AB 361 .

Recommendation: Adopt the resolution as submitted.

Los Banos City Council Agenda - April 20, 2022 Page 2 of4 2 7. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.)
A Public Hearing - To Receive Public Comment and Consideration of a Categorical Exemption from the California Environmental Quality Act (CEQA) and Conditional Use Permit #2022-02 to Allow the Use of Type 47 Alcohol License for the On-Sale of General Alcohol in Conjunction with a Bona-Fide Eating Establishment for Eddie's Cafe Located at 401 W. Pacheco Boulevard, APN 027-161-048.
1) City Council Resolution No. 6488 - Approving Conditional Use Permit #2022-02 to Allow the Use of a Type 4 7 On-Sale General Alcohol License for Eddie's Cafe Located at 401 West Pacheco Boulevard.

Recommendation: Receive staff report, open the public hearing, receive public comment, close the public hearing, and adopt the resolution as submitted.

B. Public Hearing - To Receive Public Comment and Consideration of an Annual Adjustment to the Los Banos Development Impact Fee Schedule Based on the Engineering News Record Construction Cost Index. 1) City Council Resolution No. 6489 - Approving an Increase in Development Impact Fees to Reflect Increases in the Engineering News Record Construction Cost Index for 2022.

Recommendation: Receive staff report, open the public hearing, receive public comment, close the public hearing, and adopt the resolution as submitted.

8. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6490 - AUTHORIZING THE CITY MANAGER TO DEPLOY SOLAR PHOTOVOLTAIC

SYSTEMS AT MUNICIPAL FACIL TIES IN PARTNERSHIP WITH THE CITY'S

PUBLIC POWER PROVIDER, PENINSULA CLEAN ENERGY, THROUGH A STANDARD POWER PURCHASE AGREEMENT.

Recommendation: Receive staff report and adopt the resolution as.submitted.

9. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6491 - ADOPTING THE 2014 MERCED COUNTY MUL Tl JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN.

Recommendation: Receive staff report and adopt the resolution as submitted.

10. ADVISEMENT OF PUBLIC NOTICES. (Three Reports)
Recommendation: Informational item only, no action to be taken.

11. CITY MANAGER REPORT.

Recommendation: Informational item only, no action to be taken.

Los Banos City Council Agenda - April 20, 2022 Page 3 of4 3 12. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE.

Recommendation: Informational item only, no action to be taken.

13. CITY COUNCIL MEMBER REPORTS.

A. Refugio Llamas
B. Brett Jones
C. Kenneth Lambert
D. Deborah Lewis
E. Mayor Tom Faria

14. CLOSED SESSION - Public Employee Performance Evaluation, Title: City Manager, Pursuant to Government Code Section 54957.

15. ADJOURNMENT.

I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was po~ the City Hall bulletin board not less than 72 hours prior to the meeting. 5=kAW. We ·
Sara Blevins, Deputy City Clerk Dated this 15th day of April 2022 Los Banos City Council Agenda - April 20, 2022 Page 4 of4 4 CK# 232013 - # 232120 04/20/2022
Bank Reconciliation
Checks bv Date
User: jcanchola
Printed: 04/13/2022 - 2:31PM
Cleared and Not Cleared Checks
Print Void Checks
Check No Check Date
232018 4/5/2022
232019 4/5/2022
232020 4/5/2022
232021 4/5/2022
232022 4/5/2022
232023 4/5/2022
232024 4/5/2022
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232054 4/5/2022
232055 4/5/2022
232056 4/5/2022
232057 4/5/2022
232058 4/5/2022
232059 4/5/2022
232060 4/5/2022
Name
Alhambra
Anthony Gomes
Aramark Uniform Ser Inc
AramarkUniform & Career Apparel Group, Inc.

AT&T
Julius Austin
Richard A Blak Phd
Bruce's Tire Inc
BSK Associates
Violeta Barba
Ca Dept of Justice
Capital One
CENCAL Machine & Fabrication Inc.

Clark Pest Control Inc
Coffee Break Service Inc.

Comcast
Copy Shipping Solutions
LN Curtis & Sons
D & D Pest Control
Dept. oflndustrial Relations
Duo-Safety Ladder Corporation
Fastenal Company
Fast Track Car Wash
Grainger Parts Operations
Graniterock
Hach Company
Henley Pacific, LLC
Jerry Witt
Kittelson & Associates, Inc.

Laboratory Corporation of America Holdings
TimJLaw
Liebert Cassidy Whitmore
Livingston Hardware, Inc.

Los Banos Unified School District
Taundie Lacasa
Marfab Inc
Merced Truck & Trailer Inc
Napa Auto Parts of Los Banos
NDN International LLC
Nichols-Melburg & Rossetto, AlA & Associates, Inc.

OSE
O'Reilly Auto Parts
PSG Fencing Corp.

Module
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
$475,037.20
Void Amount
161.52
1,484.05
116.33
283.52

80.25 250.00
450.00
1,387.47
3,300.00
600.00
511.00
440.49
964.87
161.00
178.94
116.19

28.44 2,646.88
177.00
225.00
226.30
233.21
364.00
648.24
909.30
1,624.22
185.25
2,389.00
5,097.50
201.00
800.00
500.00
1,292.57
2,565.00
600.00
450.92
593.52

53.82 2,500.80
6,116.60

97.77 1,012.98
1,225.00
5 232061 4/5/2022 Pinnacle Medical Group, Inc. AP 155.00 232062
4/5/2022 Pitney Bowes Inc AP 122
.93
232063
4/5/2022 Plan It Geo LLC AP 4,500
.00
232064
4/5/2022 Provost and Pritchard Engineering, Inc. AP 889 .00
232065
4/5/2022 Purchase Power Inc AP
3,030.00
232066
4/5/2022 Razzari Ford AP
3,013.43
232067
4/5/2022 Riggs Ambulance Service AP 140.00
232068
4/5/2022 San Joaquin Valley Drainage Authority AP
1,599.50
232069
4/5/2022 Santos Ford Inc. AP 99
.84
232070
4/5/2022 Save Mart Supermarkets AP 109
.50
232071
4/5/2022 Schwarze Industries Inc. AP 346,656
.56
232072
4/5/2022 Sorensens True Value AP 980
.90
232073
4/5/2022 Stornrnel, Inc. AP 1,875
.72
232074
4/5/2022 Superior Pool Products, LLC AP 1,860.43
232075
4/5/2022 Telstar Instruments AP 1,315
.25
232076
4/5/2022 Rick Scurti AP 855.86
232077
4/5/2022 Manuel D. Vaz AP 170
.95
232078
4/5/2022 Law Offices of William A Vaughn AP
2,587.50
232079
4/5/2022 Winde
cker Inc AP 9,772
.15
232080
4/5/2022 Xerox Financial Services AP 2,464.46
232081
4/5/2022 Aflac-Customer Service AP 366
.86
232082
4/5/2022 AFSCME District Council 57 AP 1,329
.15
232083 4/5
/2022 Franchise Tax Board AP 484.03
232084
4/5/2022 In Shape Health Clubs Inc AP 72.00
232085
4/5/2022 Los Banos Police Assn AP 1,120
.00
232086
4/5/2022 Los Banos Police Assn AP 245
.00
232087
4/5/2022 MassMutual AP
1,216.34
232088
4/5/2022 MassMutual AP 3,705
.00
232089 4/5
/2022 Nationwide Retirement Solutions AP 4,740.00
232090
4/5/2022 Professional Fire Fighter AP 975.00
232091
4/5/2022 State Disbursement Unit AP
1,600.87
232092
4/5/2022 Vantagepont Transfer Agents
- 306797 AP 911.90
232093
4/5/2022 Vantagepoint Tran
sfer Agents - 801838 AP
6,675.00
232094
4/8/2022 Anderson Pump Company Inc AP 955.24
232095
4/8/2022 Apex Annex Health Center, Inc. AP 225
.00
232096
4/8/2022 Aramark Uniform Ser Inc AP 541.35
232097
4/8/2022 AT&T AP 33
.97
232098
4/8/2022 Best Best & Krieger AP 368.00
232099
4/8/2022 Boot Barn AP 630.41
232100
4/8/2022 BSK Associates AP 457
.00
232101
4/8/2022 CDTFA California Dept. of Tax & Fee AP 770
.00
232102
4/8/2022 Farmer Brothers Coffee AP 245
.08
232103
4/8/2022 Fresno City College AP 966
.00
232104
4/8/2022 GoTo Communications, Inc. AP 3,031
.23
232105
4/8/2022 Grainger Parts Operations AP 40.15
232106
4/8/2022 Hach Company AP 104
.86
232107
4/8/2022 Krazan & Associates AP 1,3

87.75 232108
4/8/2022 Marfab Inc AP 56.86
232109
4/8/2022 Matson Alarm Co Inc AP 189
.00
232110
4/8/2022 McCrometer Inc. AP 351.00
232111
4/8/2022 The Office City AP 42
.86
232112
4/8/2022 Natalie Sobalvarro AP 225
.00
232113
4/8/2022 Sorensens True Value AP 1,654
.65
232114
4/8/2022 Sprint Solutions, Inc. AP 189.95
6 232115 4/8/2022 Thirkettle Corporation
232116 4/8/2022 Total Security Solutions Inc
232117 4/12/2022 Mary Lou Gilardi
232118 4/12/2022 Josiah Mardirosian
232119 4/12/2022 Merced County Association of Governments 232120 4/12/2022 State Water Resources Control Board
Break in check sequence due to the following:

Check# 232013 - # 232017 (Payroll)
AP
AP
AP
AP
AP
AP
Total Void Check Count:

Total Void Check Amount:
4,491.98
8,705.51
128.27

36.00 210.00
110.00
0 Total Valid Check Count: 103
Total Valid Check Amount: 475,037.20
Total Check Count: I 03
Total Check Amount: 475,037.20
7 THIS PAGE IS INTENTIONALLY LEFT BLANK
8 CITY OF LOS BANOS

CITY COUNCIL MEETING MINUTES
APRIL 6, 2022
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.

CALL TO ORDER: Mayor Faria called the City Council Meeting to order at the hour of 6:02 p.m.

PLEDGE OF ALLEGIANCE: Police Chief Brizzee led the pledge of allegiance.

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Brett Jones, Kenneth Lambert, Deborah Lewis, Refugio Llamas, Mayor Manuel Thomas Faria Ill; ABSENT: None.

STAFF MEMBERS PRESENT: City Manager Pinheiro, City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, Finance Director Williams, Community & Economic Development Director Souza Elms, Police Chief Brizzee, Fire Chief Hurley, Public Works Director/City Engineer Than.

CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lewis, seconded by Llamas to approve the agenda as submitted. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, Mayor Faria; NOES: Llamas; ABSENT: None.

PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL

MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY: INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Faria opened the public forum and asked those participating in the meeting if they would like to speak: KA THY BALLARD, Los Banos, spoke regarding a previous email regarding the review you will be doing in closed session tonight, spoke regarding disturbing chatter directly and indirectly from employees, and hopes things are changed or altered before we lose more valuable and knowledgeable employees, added that she is glad to see that the meetings back in person but would like the council meetings to go back to the 7:00 pm start time, would also like to speak on the PBID item later on the; SANDRA BENETT!, Peninsula Clean Energy, gave an update on the status of enrollment and the upcoming workshops for solar customers and how the workshop videos will be posted on their YouTube Channel for viewing. Mayor Faria then asked City Clerk Mallonee if she had received any comments, for which City Clerk Mallonee stated that she received no comments to be read into the record. No one else came forward to speak and the public forum was closed. 9 CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis requested that item 6E-City Council Resolution No. 6478-Authorizing the City Manager to Execute a Professional Services Agreement with Mark Thomas for the Preparation of a Downtown Master Plan in the Amount Not to Exceed $249,901.00 be pulled for discussion; Council Member Llamas requested that items 6F - City Council Resolution No. 6479 -Authorizing he City Manager to Execute a Professional Services Agreement with Galvin Preservation Associates, Inc. for Environmental Clearance and Landscape Architecture Services for the Pioneer Road Widening Project in the Amount not to Exceed $1,982,098.69, 6G - City Council Resolution No. 6480 - Authorizing Entering into an Eighth Amendment to the Landscape Maintenance Contract Between the City of Los Banos and Ronny's Inc. Extending the Contract Term Commencing October 1, 2021 and Terminating September 30, 2022; and 6H - City Council Resolution No. 6481 - Authorizing Expenditures from the American Rescue Plan Act (ARPA) and Adopting a Revised Budget for Fiscal Year 2021/2022 in the Amount of $107,500 as it Pertains to Expenditures Related to the Non-Congregate Emergency Shelter for those Experiencing Homelessness.be pulled for discussion.

Community & Economic Development Director presented the staff report for item 7E - City Council Resolution No. 64 78 - Authorizing the City Manager to Execute a Professional Services Agreement with Mark Thomas for the Preparation of a Downtown Master Plan in the Amount Not to Exceed $249,901.00. There was Council Member and staff discussion regarding an idea of what other City's this organization has done work for, what exactly will this Downtown Master Plan include and how it will be the guiding document for how to improve things downtown.

Public Works Director/City Engineer Than presented the staff report for item City Council Resolution No. 6479 -Authorizing he City Manager to Execute a Professional Services Agreement with Galvin Preservation Associates, Inc. for Environmental Clearance and Landscape Architecture Services for the Pioneer Road Widening Project in the Amount not to Exceed $1,982,098.69. There was Council Member and staff discussion regarding the source of the funds for this expenditure and the grant funding committed to this project, how the City is still just in the study phase.

Parks & Recreation Operations Manager Heim presented the staff report for item 6G - City Council Resolution No. 6480 - Authorizing Entering into an Eighth Amendment to the Landscape Maintenance Contract Between the City of Los Banos and Ronny's Inc.

Extending the Contract Term Commencing October 1, 2021 and Terminating September 30, 2022. There was Council Member and staff discussion regarding the oversight and enforcement of the contract, concerns with how future issues will be addressed, i.e. like the open trench line at College Greens Park.

Police Chief Brizzee presented the staff report for item 6H - City Council Resolution No. 6481 - Authorizing Expenditures from the American Rescue Plan Act (ARPA) and Adopting a Revised Budget for Fiscal Year 2021/2022 in the Amount of $107,500 as it Pertains to Expenditures Related to the Non-Congregate Emergency Shelter for those Experiencing Homelessness. There was Council Member and staff discussion regarding 10 how long will these funds last, what is our long term goal once these funds run out to help what happens when it runs out and plan to help those that have come to rely on these funds, relationship with the County, and how important it is for the City to actively work with other government agencies to them to help the homeless community.

Motion by Lewis seconded by Llamas to approve the consent agenda as follows: Check Register for #231411 -#232012 in the Amount of $2,449,347.33; Minutes for the March 2, 2022 City Council Meeting; Minutes for the March 16, 2022 City Council Meeting; City Council Resolution No. 6477 - To Oppose Initiative 21-0042A1, the Taxpayer Protection and Government Accountability Act; City Council Resolution No. 6478 -Authorizing the City Manager to Execute a Professional Services Agreement with Mark Thomas for the Preparation of a Downtown Master Plan in the Amount Not to Exceed $249,901.00; City Council Resolution No. 6480 - Authorizing he City Manager to Execute a Professional Services Agreement with Galvin Preservation Associates, Inc. for Environmental Clearance and Landscape Architecture Services for the Pioneer Road Widening Project in the Amount not to Exceed $1,982,098.69; City Council Resolution No. 6481 - Authorizing Entering into an Eighth Amendment to the Landscape Maintenance Contract Between the City of Los Banos and Ronny's Inc. Extending the Contract Term Commencing October 1, 2021 and Terminating September 30, 2022; City Council Resolution No. 6481 - Authorizing Expenditures from the American Rescue Plan Act (ARPA) and Adopting a Revised Budget for Fiscal Year 2021/2022 in the Amount of $107,500 as it Pertains to Expenditures Related to the Non-Congregate Emergency Shelter for those Experiencing Homelessness. The motion carried by the affirmative action of all Council Members present.

LOS BANOS DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT (PBID) ANNUAL REPORT. Community & Economic Development Director Souza Elms presented the staff report and introduced Carson Lambert with CIVIT AS representing the Los Banos Downtown PBID and who spoke in more detail to the Los Banos Downtown PBID Annual Report, which included a PowerPoint presentation.

There was Council Member and staff discussion regarding, pressure washing of the sidewalks at least once a month in segments, graffiti remove service and who monitors that, remember to include not just . the property owners but also talk to the renters downtown and ask them what their input as it will help your organization be more successful, bringing the projects affecting the City to the City Council for discussion and approval, happy to see what the Downtown Association is doing, wanting to see an itemized budget along with the pie chart, and how the 2.5% increase is at the City's discretion, and wanting to first receive the itemized budget as requested, and continue the 2.5% raise until that has been presented.

Mayor Faria invited the public to come forward and speak. KATHY BALLARD, Los Banos, stated that she too would like to see an itemized list because she wanted to know exactly what the expenses were specifically.
11 Motion by Lewis, seconded by Llamas_to approved the PBID Annual Report as submitted with the addition to also provide an itemized budget before the 2.5 increase it brought back to City Council for approval. The motion carried by the affirmative action of all Council Members present.

LOS BANOS GENERAL PLAN UPDATE SPHERE OF INFLUENCE. Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation.

Motion by Jones, seconded by Lambert to approve the Los Banos Sphere of Influence as adopted by LAFCO as it pertains to Pioneer Road. The motion carried by the affirmative action of all Council Members present.

APPOINT COMMISSIONERS TO THE FOLLOWING COMMISSIONS: AIRPORT ADVISORY COMMISSION - TWO (2) VACANCIES. ONE (1) UNEXPIRED TERM - EXPIRING DECEMBER 31, 2023; TREE COMMISSION - TWO (2) VACANCIES, TWO (2) UNEXPIRED TERMS - EXPIRING DECEMBER 31, 2023. Motion by Faria, seconded by Lewis to appoint Dennis Reed to the Airport Advisory Commission to fill an unexpired term expiring December 31, 2023. The motion carried by the affirmative action of all Council Members present.

Motion by Faria, seconded by Llamas to appoint Trinidad Ramos and Gene Lieb to the Tree Commission Airport Advisory Commission to fill two (2) unexpired terms expiring December 31, 2023. The motion carried by the affirmative action of all Council Members present.

ADVISEMENT OF PUBLIC NOTICES. (Three Reports) Community & Economic Development Director Elms reported that Public Hearings will be held by the Los Banos Planning Commission on April 13, 2022; to consider a consider a Mitigated Negative Declaration (SCH #2021090191) in accordance with the California Environmental Quality Act (CEQA) and General Plan Amendment #2020-02 to amend the General Plan Land Use Designation from Industrial (I) to High Density Residential (HOR), Zone Change #2020-02 to change the zone from General Commercial (C-1) to High Density Residential (R-3), and Site Plan Review #2020-06 to allow the development of two (2) multi-family structures totaling 1"8, 136 square feet with 16 residential units and associated site improvements, located at 1133 F Street, more specifically identified as Assessor's Parcel Number 025-152-005; to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Mobile Food Vendor Permit #2022-02 to allow the operation of a mobile food vending vehicle on private property for Juan Carlos Gutierrez Alcaraz dba El Grullense Jal #8 J&A, located within the Highway Commercial Zoning District at 1955 E. Pacheco Boulevard, more specifically identified as Assessor's Parcel Number 083-140-024; to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Conditional Use Permit to allow the variation of the Neighborhood Commercial Sign Standards for KO Medical Group, Inc., located in the Neighborhood Commercial Zoning District at 311 W. I Street, more specifically identified as Assessor's Parcel Number 027-072-016; to consider a Categorical Exemption from 12 the California Environmental Quality Act (CEQA) and a Conditional Use Permit to allow the variation of the Public Facilities Sign Standards for Apex Annex Health Center, located in the Public Facilities Zoning District at 400 W. I Street, more specifically identified as Assessor's Parcel Number 027-043- 014.

CITY MANAGER REPORT. City Manager Pinheiro spoke regarding the upcoming Autism Meet and Greet at the Fire Station on April 9, 2022, the City's First Annual Great Los Banos Egg Hunt being held on April 9, 2022 at Oliveira Park, and for all to go over to the Los Banos Community Center and check out the Recreation Guide to learn about all the exciting things going on.

REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE.

Mayor Faria spoke regarding MCAG and how they will be going on the OneVoice trip to Washington, D.C. next month to highlight what is important to Los Banos and Merced County, referenced the PCE update earlier in the meeting, and ho no Measure V update.

CITY COUNCIL MEMBER REPORTS.

DEBORAH LEWIS: Stated that she will be missing the Autism event because she will be at the Easter egg event that is being held in her district, and thanked the Fire Chief for putting on the Autism event.

REFUGIO LLAMAS: Stated that he recently had a Community Outreach event and believes that it was well received, with good questions and concerns, thanked Fire Chief Hurley for giving the Fire Department presentation, Police Commander Reyna for speaking about the Police Department history, thanked City staff for helping out, and Kathy Ballard for providing ice cream; he requested that the flags at City Hall be replaced as they are pretty torn and tattered.

BRETT JONES: No report
KENNETH LAMBERT: Thanked all for the presentations tonight as they were very well put together, spoke regarding how the City's RAD Card program is up and running and encouraged all to enroll and take advantage of the free money to help support local businesses.

MAYOR TOM FARIA: Spoke regarding the meeting between the City and Caltrans to discuss DeAnza and Mercey Springs Road concerns, the upcoming Band Extravaganza being held on April 7, 2022 at Pacheco High School, the All County Honor Choir event on April 9, 2022 in Merced with Los Banos choirs participating, the City's Easter Egg event, and thanked all for coming to the meeting tonight.

CLOSED SESSION. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE, PURSUANT TO GOVERNMENT CODE SECTION 54957(8). No reportable action.
13 CLOSED SESSION. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, TITLE:

CITY MANAGER, PURSUANT TO GOVERNMENT CODE SECTION 54957. No reportable action.

ADJOURNMENT. Motion by Lewis, seconded by Lambert, the meeting was adjourned at 10:00 p.m. The motion carried by the affirmative action of all Council Members present.

APPROVED:

Manuel Thomas Faria Ill, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
14 TO:

FROM:

DATE:

LOsBanos
At tlic Cro~sroads of C,,lifon1ia
Agenda Staff Report
Mayor & City Council Members
Soknirorn Than, P.E., Public Works Director/City Enginee~ 'JLApril 20, 2022 TYPE OF REPORT: Consent Item
SUBJECT: Acceptance of Grant Deed and Dedication from Stonefield Home, Inc. on a portion of Ward Road to the City of Los Banos for Assessor Parcel Number 073-220-017 for approximately 1.43.±. acres.

Recommendation:

That the City Council of the City of Los Banos adopts the Resolution accepting a Grant Deed and Dedication on a portion of Ward Road consisting of approximately 1.43.±_ acres. The land involved is more specifically, a portion of Assessor Parcel Number 073- 220-017. The resolution authorizes the City Manager to execute all required documents for this dedication.

Background:

The Tentative Tract Map No. 2015-01 was approved by the City of Los Banos Planning Commission on May 11, 2016 by Resolution No. 2016-13. In November of 2018, Public Works staff was contacted by the developer, Stonefield Home, Inc., a California Corporation, for Final Map approvals on Southpointe Phases 4, 5 and 6. The final maps for these phases were approved by the City Council of Los Banos on April 21, 2021. In June of 2021 Stonefield Home, Inc., submitted a request for acceptance of a Grant Deed and Dedication on a portion of Ward Road consisting of approximately 1.43.±. acres. The request was reviewed and approved by the City of Los Banos' Consulting Surveyor as well as the City Public Works Director/City Engineer. 15 Discussion:

This dedication is a north extension of Ward Road from the intersection of Overland Avenue to approximately 195 feet north of Luna Court. This road has been constructed as part of the Southpointe Phases 4. The acceptance of this improvement is also scheduled for 4/20/2022 City Council Meeting.

Fiscal Impact:

The acceptance of the Gr, nt Deed will pose no additional fiscal impact to the City of Los Banos.

Reviewed b ·
Attachments:

Resolution
Site Map
Recorded Final Map
Grant Deed Transfer
Legal Descriptions - Exhibits A
Plat Map - Exhibits B
Preliminary Change of Ownership Report
Transfer Tax Affidavit
16 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS ACCEPTING THE GRANT

DEED AND DEDICATION FROM STONEFIELD
HOMES, INC., A CALIFORNIA CORPORATION,

TO THE CITY OF LOS BANOS FOR A PORTION

OF WARD ROAD CONSISTING OF
APPROXIMATELY 1.43+ ACRES AS A PORTION
OF ASSESSOR PARCEL NUMBER 073-220-017
WHEREAS, Stonefield Homes, Inc., a California Corporation, requests acceptance of the Grant Deed and Dedication on a portion of Ward Road consisting of approximately 1 .43± acres as described in Exhibit A; and WHEREAS, the City of Los Banos accepts the Easement Deed dedication, more specifically identified as a portion of Assessor Parcel Number 073-220-017, by Stonefield Home, Inc., a California Corporation; and
WHEREAS, the Grant Deed and Dedication, as presented, has been reviewed and deemed acceptable by a Los Banos City Consulting Firm and the Public Works Director/City Engineer; and
WHEREAS, the Grant Deed and Dedication, as presented, has been reviewed and examined by the City Council of the City of Los Banos; and NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept the Grant Deed and Dedication from Stonefield Homes, Inc., on a portion of Ward Road consisting of approximately 1.43± acres as a portion of Assessor Parcel Number 073-220-017 and authorizing the City Manager to execute the associated documents.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 20th day of April, 2022, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member ---and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Manuel Thomas Faria, Ill, Mayor
ATTEST:
17 Lucille L. Mallonee, City Clerk
18 Site Map:

Ward Road Public Street Easement Dedication
19 OWNER'S STATEMENT
'AJIY OF CAUFDIIMA. A CAUFOR"'A CORPORATION
BY: ~~Ga'--...:.."""-~==~--- 04m 7Tlaod ,~'l .,2o s I
er, • ,, ,as Q47l", ---- - ---- f ANO 1ITl£

NOTARY STATEMENT
A NOTA!rY PUBUC OR OTHER OFFICD1 COlH't£11NG 111/S CERTIF1CA'II: '9IIFIES 0/11.Y TH£ ID£NT1TY OF TH£ 1NDMDUA1. WHO 5/GNfD Tl/£ ro Wll1CH THIS CERTIF1CA'II: IS ATTAt:HED, AND NOT Tl/£ Tllt/TllflJU/£S, ACCURACY. OR VALJ/XTY OF 11/AT
~~OFCAU~._J J St ON ff\Drt.h cW . 021. BEFDR£ ur. ~ A· ~ 'it:> A NlJTA!rY PUSUC, PERSONALLY~ .....:&rr"'-"~"r~~=~\-~\-~~c _______ _ SATTSFACrolft' EVIOENC£ ro 8£ 111£ PUISCN(S) IIPi05c IWIE{S) IS/AOC SVBSCRfl/ED II) Tl/£ wmnN INSTIIUI,/£ , AND ACKNO'lltEDGECI ro ME 11/AT ff£/5H£/l>l£Y £X£CU1ED Tl/£ SAMr IN HIS/HE11/711F1R AIJTI/ORIZED CAPAC /ES), AND 11/AT SY HIS/HER/711DR SIGNA1V/1£(S) ON TH£ INSTIIUIIENr 111£ PfJISON{S), OR TH£ ENT1TY UPON 8EJIALF OF WHICH 111£ PfJISON{S) ACIW, EXECUTm 111£ INSTRUMENr.

IA/OE/I TH£ LAMS OF TH£ STAT£ OF CALJFOIIIIIA 11/AT Tl/£ FO/IEJ;O/NG SJGNAro~ --'-'""'~"---"==~:.....----
PRINCIPAJ. COUNTY OF BUSINESS, --""""""----'....,.._ __ COIIM/SSION NUIIBOI.· ,;n4 5y1)
MY COW/SS/ON EXPIRES, ~ 111 'it!'~

NOTARY STATEMENT
A NOTA/l'Y PU8I.JC OR OTHER OFFICER COIIPl.£TING THIS C£RT1FICAT£ VERIFl£S ONLY TH£ IDENTfTY OF TH£ INOMO<JAJ. WHO SIGN£11 TH£ II) WHICH THIS CEHTIFICA'II: IS ATTACHED, ANO NOT TH£ TTIUTIIFIILN£SS, ACCURACY. OR VAUOITY OF 11/AT
STAT£ OF CAUflJRHIA j S COUNTY OF ::1n qA( eo ON ~,nqTlt;Jf g_q , r o21. - ME:, L. l<aq,"De LaR"'L A NOTNrY PUBUC, PEI/SON,IJ.J.Y N¥'f'llltD ?> i o /I e.. f-/. Ro Iii!?$ "b SA11SFAcroRY E.VID!NC£ ro B£ TH£ PfJISON{S) WH05r NAJ./E(S) IS/AOC SUBSCRIBED II) TH£ Wfll/lN INSTRUM , AND ACKNOWILDG£0 II) /IE 11/AT HE/SHE/THEY £XEW7£D TH£ SAM£ IN HIS/HER/THEIR AVTHORIZED CAil !ES), AND 11/AT er HIS/HfR/1HF1R SJGNAroRE(S) ON TH£ INST1IW£NT TH£ PCRSON(St OR TH£ ENTITY UPON 8EJIALF Of WIIICH TH£ PCRSON(S) ACTED. £XEW7£D TH£ INSTIIUIIENr.

UNDER TH£ LAIIS OF TH£ STAI£ OF CAJ./FORNIA 11/AT TH£ FOll£OOING COIIIIISSION NU/,f8£I!: !S ~ <{ (i,;;/. JO
MY COMMISSION DIPfRES, .:Z - lt>- -102 $
5\Su,,,._, Ontomgs\PHAS£ 4\SP PH4-0l.dwq
TRACT NO. 2015-01
SOIJTHPO/NTE,·PHASE 4
BEING A SUBDMSION OF LOT 8 SHOWN ON SOUTHPOINTE AT REGENCY PARK, ALEO IN BOOK 81 OF OFFICIAL PLATS, AT PAGES 20 TO 24, MERCED COUNTY RECORDS, LYING IN SECTION 12, TOWNSHIP 10 SOUTH, RANG£ 10 £AST,
MOUNT DIABLO BAS£ AND MERIDIAN,
CfTY OF LOS BANOS. COUNTY OF MERCED, STATE OF CALIFORNIA MARCH 2021
w ~ --=BS='Ni =C='H=1d=~=RK= ENi =G=~='NS=E='R=1Ni =G=, =/Ni=C~. 507 J STR££T, LOS BANOS, CALIFORNIA, 936J5 HENHYAIIU£RA\.£"
!i1
I
I
I
~ !i1
~
~ I
OMITTED SJGNAUJRE STATEMENT; PIJ/1SIJANr ro SCCTION 664.16 OF THE SUBDIVISION IIAP ACT, TH£ FOLLOWING SIGNATIJRES HA>£ 8ffN OM!TT!1>. 1lffOF'INTER£'Sr:

IN F'AM:>R OF:
/)ffi)R£FERENCC:
1lff OF INTEREST,
IN FA~OF:
/)ffi) RU£RENre
SANITARY SlllE\' £AS£Jl£NT CITY OF LOS BANOS
BOOK J756 OF OfF/C/AJ. RECORDS.. PAGE 887, M.C.R .. REr:OROED 7 AUGUST. 1998 ANY IIICHT OF £NllrY AND £ASEJ/ENTS NECESSARY FOR TH£ Pl10DUCTION, EXPLORATION OR STORAGE OF OIL OR /IJNEIIALS l1TO SP1NA AND /10SllJ£ SPINA BOOK 806, OFFICIM. RECOROS, PAGE ;us, M.C.R. R£rXJROED JUI/£<. 1945 PLANNING COfJMISSJQN STATEMENT L STACY SOUZA £UIS. OIR£C10R FOIi Tl/f arr OF LOS BANOS ctJWUNl1Y AND £.CfJNOWC DEVELOPIIENI' Dll'ARn.t£Nr, 00 HE1/fBY STAT£ 11/AT I HA>£ EXAMINED 111IS FINAL IIAP OF "IIIN:T NO. 2015-01 SOUTHPOINTC.

Pl/AS£<'. AND 11/AT 111£ SUBJJMS10N IS SUBSTANl1AL/.Y 111£ SAME AS 11/AT SHOWN ON TH£ TENTATIVE IIAP Al'PIIOVfJ) SY THE CITY PLANNING COMMISSION ON TH£ 11TH llAY OF M<Y. 2016. ANO 11/AT 111/S FINAL - OF "IIIACT NO. 2015-01 SOUTIIPOINTC. PHA!x 4• COMPUES wml ALL REDUIRDIENIS OF SAID PLANNING COMMISSION. llAlEI) 111/S ZW, llAY OF Ar:i \ , 2021.

ST~.,.k ANO ECONOMIC IJEVEI.OPMENT =roll Cfl't OF LOS BANOS RIGHT m FARM STATEMENT PER ll£/IC£D COUNTY ORDINANCE NO. 12IJ, TH£ fflOP£RTY D£SCRl8ED ON TH£ H£1l£ON SHOWN - IS IN 1IIE VICINl1Y OF LANO I/TIUZED FOR NIRICVI.TIJRAL PIJIIPOSES AND RCS1DEN1S OF 111/S fflOP£RTY AIAY 8£ SWJECT 11} INCOIMNf(NCE OR DISCCIIFOffT ARISING FROM 1IIE US£ OF AGRICtJLTIJRAL CllfM/CAJ.S, INCWD/NG, BUT NOT U"1TED ro, P£SIICIDES ANO FEN1111Z£RS, AND Fl/OM TH£ PURSUff OF AGRfCULTll/W. OPERATIONS INCl.110/NG, BUT NOT UIIITED 10, PL.OWING, SPRAYING, NID BURNING WHICH OCCASIOHAUY AIAY GENCRA'II: DUST. SMOKE, IIOl5r. ANO OOOR.

TH£ COUNTY OF ll£/IC£D W.S ESTABUSHED AGIIICIJl.7111!£ AS A PIIIOllfTY US£ IN AGIIICIJI. 7llRAL ZONES WIIICII NI£ Ol/1;IO£ OF AN ESTABUSHED SPECIFIC URBAN DEVELOPMENT {SUOP) I/OUNDAIIY, RURAL /IESID£1ITIAJ. CENTER (RRC) BOIJNDNIY. H/GHtfAY IN1£RCI-WIC£ CENTER {Hie) BCUNDNIY. OR AGRICULTURAJ. SBMCE CENTER (ASC) BOUNDNIY. ANO RESIO£JflS OF PROPERTY IN 111£ VICIN!TY OF SUCH AGfllCUI.TIJRAL ZONES SHDIJUJ B£ PR(!'ARED II) ACCEPT INCONv!NIENCE OR DISCOIIFORT FROM NORMAi. N£CESSARY AGIIICIJI.TUP.AL OPERATIONS.

SUR'vEYOR'S STATEMENT
7HJS - IMS PR!1'ARED SY Mr OR UNOD1 MY DIRECTION AND IS lMSED UPON A F1El.D SURV£Y IN CONFORIIANCE WfTH me REOUIREJ/£NTS OF THE SUBOMSfON IIAP ACT AND LOCAL ORDIIW:E AT 111£ REQUEST OF GREG HOS1£TL£1I IN JULY 2017. I HEREBY STA'II: 11/AT 1IIIS FINAL IIAP SVBSTANTIAJ.LY CONFORMS II) TH£ APPROVED OR CONOf1lONAL APPROVED TENTATM N4P, 1HAT ALL IIONUM£NTS AOC OF TH£ CHARN::TER ANO OCCUPY Tllf POSITIONS INDICAlED, OR 11/AT THEY WILL 8£ srT IN THOSE POSITIONS 8EFOR£ SAJO Sll8DMSION IIIPR01/Ell£NIS AOC ACCEPTED er 111E arr OF LOS BANOS. AND 11/AT TH£ llfJNUIIENTS AOC OR WILL 8£ SUff/C/ENT II) £NAB!£ THE SURVEY II) B£ RETTIACED. 04m, THIS ,.,i. 04Y OF MKO:I , 2021.

MA~80f0
CITY SURVEYOR'S STATEUENT I HEREBY STA'TC THAT AT TH£ RE.OIJEST OF TH£ CITY ENGINEER DF 7H£ CITY OF LOS B<NOS, I HA>£ EXAJl/l/£1) THIS FINAL IIAP AND 11/AT I AM SATISF1£D 11/AT 1IIIS 11N' IS 'lcCHNICAJ.LY CORREt:T AND CCtlPI.J£S Wfll/ N'PI.JCABU PROVISIONS OF 111E SUBDMSION - ACT.
047m 1IIIS iJ_t,J' llAY
FrfAN J. /IE.VIEWING
CQY ENGINEER'S STATEMENT I HEREBY STAJ'F THAT I H4YE' CXAJIINED THIS FINAL ltlAP ANO STATE: THAT THE SUBDMS/ON SHOWN HEREON IS SVBSTANTIAJ.LY 1IIE SAMr AS IT APPf'ARED ON TH£ TENTATIVE 1W' AND ANY N'PR<MD AI.TEIIATIONS THUIE1JF, 11/AT ALL PROVISIONS or Tllf Sl/80MS10N 1W' ACT AND ANY LOCAL ORDINANCCS OF' Tllf CITY OF LOS BANOS AND 1/fJ/CED COUNTY, APPI.JCABI£ AT TH£ TIii£ OF APPROVAL OF 111£ TENTATIVE - HA>£ 8ffN COMPUt7J wml ..
041ED 111,s
~
~ 04Y OF epnt . 202,.

FARID PEZESHK. R.C.E. Br601
ACTING arr ENGINE£//
CITY CLERK'S STATEUENT I, LUCr l,IN.LONE£. CITY CURI< OF 111£ Cfl't or LOS BANOS. 57.117£ OF CAUFORNIA. 00 HE11EBY STAT£ IHAT AT TH£ ~ l/EETINC OF JI/£ C!TY COUNCIL OF' TH£ CITY OF LOS BANOS. STA'II: OF CN.JFrJRNIA. H£W ON THIS~ llAY OF' 2fn I , 2021, TH£ NXDMPANYINC FINAL 1W' OF "ll!>ICT NO. 2015-<lf SOIITHPOIN7£. Pl/AS£ 4• ~ Al'PROVED; ACCU'TED ON 8EJIALF OF TH£ PUBUC, FOR PU8UC US£. TH£ OFr£R OF DEDICAT70N IN £AS£Jl£NT or ALL PU8UC l/TIUTY £ASEJl£N/S (PUE), ALL S/O£WAlX tAS£Al£NTS (5r), AND ALL WIOSCAI'£ £AS£J/£NIS (1£), TH£ DFF£R or DEDICATION IN FE£ OF ALL STll£ET IIK/lflS OF WAY,- Kt" ALSO ACKNOWI.EDCc THE R£UNQUISHl,l£NT' OF ACCESS RIGHTS OF LOTS 224 ro 231 10 AND F1IOI/ OVERLAND AVCNIJE AND LOTS 2JI AND 2J2 ro AND F1IOI/ IM<RO /!040; ALL AS SHOWN ON THIS FINAL !IN'. a,m, 1111S 21" OAY or Af.,) l . 2021.
'#..,~-t- ~ LUctr IIAiliJNEE. arr CU11K CITY OF LOS BANOS RECORDER'S STATEMENT FILED THIS 2 ~ 04Y OF A-PK,,' L. , 2021, AT /0 ! Of O'CLOCK 4... M.

IN BOOK ~ OF OFFICIAL PLATS. AT PACES q - { I . M.C.R.

O'IIIIEk AT THC R£DUEST OF S1DN£F1ELO HOii£, INC. A CAUFrMNIA COIIPORAT70N ra-,$ '31. Dr)
MATT H. AIAY. COUNTY RDXJRDDI
SY:®~~ • lJEPUTY
BOOK ~t{ PAGE _3_ SHEET 1 OF 3
20 NOTfS I 1. ALL BOIi/i/CS AND DISTANCES b;;;;;;; HER£DN AR£ l,/£ASII/IED UNUSS DTHERWIS£ NOT((). 2. ALL DISrANCES AND ~ SHOWN AR£ IN FEEr AND D£CflolAI. PARTS rl/£R£0F. 3. ALL RECORD INFORlollinoN s,<Olm IS FROI,/ M£RC£D COUlffY R£CORDS. i l

SUBDMSION SUMMARY
20 L/7TS
S1ll£Er5
LOT F
70TAL
• - NB8"48'02"W J/U.6J'(1,1}(8)

2.Bl ACRES
o.~=

7.72N:RES

11.55 ACRES
N8V5r04"W t-,.___ /fl 107.02'(1,1}(8) • ---......__ N1.11 '58"£

20.69'(1,1)(8)
"",□ ,,
I " OUA/1. "
SCALE I "
221
I "-"
" --..... -J - - - - - 7't--~" EX 56' PU£ (8) NB8"48'02"W ____ ~00'(/,l)(B){C)
:Mil": J/4/2021 15.-J"0 FW 11.-\ 100025 SuM,y Drow;,,gs\PHASE 4\SP PH<-02.dwg 330
329
328
327
326
325
324
LOT F 7.72 ACRES
239 238 237 236 I 235 . 234 233 232
e sttetf 3 Cf?AIC cou,nr---,-~ se ,--.----.---- N-16"11'58"£ ~~~;~~(C) 2f.21'(/,1)(8){C)
224 225 226 227 228 229 230 1 23
NB8"48'02"W 479,0S(ll){S)(C)
0V£RIAND AV£NU£
212 I 213 I 214 I 21s I 216 1 211 1 218 I 219
~ ~--'-.__JI pHASE ~~-
~ ourHP0INO p_-44
~ s Tl_02_-,·--.--~-
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n~cnoN 12
WE'ST LIN£ OF v-==£Nr I rs>
I
1 Lo,r20 I a,-o ..

I
\
\
TRACT NO. 2015-01
SOUTHPOINTE, PHASE 4
BDNG A SUBDMS/ON OF LOT 8 SHOWN ON SOUTHPOINTE AT REGENCY PARK, FILED IN BOOK 81 OF OFFICIAL PLATS, AT PAGES 20 TO 24, MERCED COUNTY RECORDS, LnNG IN S£CTION 12, TOWNSHIP 10 SOI/TH, RANG£ 10 £AST, MOUNT 0/ABLO BAS£ AND MERIDIAN,
CITY OF LOS BANOS. COUNTY OF MERCED, STATE OF CALIFORNIA MARCH 2021
BENCHMARK ENGINEERING, INC .
507 J STREIT. LOS BANOS, CALIFORNIA, 93635
L£G£ND
NOrE ALL ~ SIZES AR£ INSIIJ£ DWIE1f1I
• FOUND 3/4• IRON PIP£ rACGEJJ 'LS 1/(U(/" P£R (B) AND/DR (C), OR AS N07UJ S FOUND IIONU/IENT" IN IIONUIIENT" WEU P£R (C)
• FOUND GPS IIDNW£lff AS SHOWN DN 11£1' (A)
O SIT 3/4• x 24" IRON PIPE, rAGCED LS 1/(U(/
O srr J"/•· x 2,· IRON PIP£. TACGEJJ LS 1/(U(/, IN IION/Jll£NT" WEU _L_ SIT 3/•· x 2,· IRON PIPE, TAGCED LS 8(U(). AT ALL REAR LOT CORNERS ANO Lor ANGI£ J"'ll!: 0 POllflS. IJNi£SS NOT(() AS A WITl(£SS CORNER
S£r 8'l4SS TAC sT/,MPfIJ LS 1/(U(/ IN C0NCRt:r£ Ar 1.00' ll£ASUR£D P£RP£NDICUW{ OIi RADW..LY FRDII RIG/ff-oF-WAY ANGI£ AND ~ POINT'S SIT BR,4SS TAG STAMPCD LS 804() IN CONCRDc AT 1.00 FOOT PROJ£CTION OF AU. LOT LINES INTO STR££T.
=R£S77/tC7U) ACCESS
O.P. DFFICIN. rurs
(II) ll£ASJJRED DN THIS SU/MY
(R) RADV,I. BfAR/NG
SFN S£ARai£D, FOUND N<mflNG
l£ WiDSCJl'£E:ASalfNr
PUF: PUBUC umJrY E:ASalfNr
S£ SIOEWALK £4S£M£N1"

11.C.R. MERCED CDUNrY ll£COROS
IIC WTrl/£SS CCIINOI

BASIS OF BEARINGS
A 0BS£TMD BfAR/NG OF N21r2J'J2-W WAS IDSURED FDR 711£ UN£ B<1W£CII GPS/GJS 1021 AND GPS/GIS 1017 AS SHOWN ON THC CPS SUR\o£Y CONmOL N£T'WORK FR.ED IN 8()()1( 28 or SVIMl'S. AT PACES 9 ro 12. IIERC£D COUNrY l/£CORDS. NID IS 711£ 84SIS FDR ALL BfARINCS OIi rH/S 1,/AP.

REFER£NC£S
(A) 800K 28 DF SURl£>S, PAC6 9-12 GPS SIJIN£Y CDN71IOL N£7WORJ<, 11.C.R. (8) 11IACT NO 2015-01, SO<IIIIPOIN7F AT ll£GENCY PARK, IIOOI< 81 OF OFF7CJAL RRX7ROS, PACES 20 7D 24, 1,/.C.R, (C) 11/ACT NO 2015-01, SlllR7IPOll(fF. PHA5C J. BOOK 82 OF OFF7CJAL RCOOROS, PAGES U 7D 4$, lt.C.R.

BOOK~ PAC£ !O SH££T 2 OF J
21 NOTES
t. AU BfA/1/NGS NID DISTANCES 2. AU DISTANCES .WD DIMENSIONS .J. Al.l RECORD ff,IFORIIATTON SHOWN IS R£FER£NCES
HEREON ARE MfASURfD UNLESS !lTHfRWISE NOTfD.

AR£ IN FE£1' AND DECIMAL PAKTS THEREOF. 'M 11£RCfD COUNTY RECORDS.

L£G£ND
NOTE, AU PIPE SIZES ARE INS/Of DIAMETER
• FOUND 3/4" IRON PIPE TAGl/fD "lS 8040" POI (B) ANO OR (C). OR AS NOTED @ fOUNO IIONUJIENT Ill IIONW£NT llru. POI (C)
~ FO/JN/1 GPS IIONUJIENT AS SHOllf</ ON 1/!F (A).
(AJ BOOK 2s or su/MlS, P,1/;fS 9-tESURVEY CONTROi. NETWORK. 11.c.R. 0 su 3 / 4
"' 24• IRfJN PIPE. T•= LS BtHO
(BJ TRACT NO 2015-Dt, SOUIIIPOINTf R£GENCY PARK, BOOK 81 OF OFF/CJAL RECORDS, PAGES 20 TO 24, M.C.R. SET 3/4" x 24• IRON PfPf. TAGl/fD LS 8/HO, IN IIONUllfNT 11ru. (C) TRACT NO 2015-0t, SOUIIIPOINTf. 3, BOOK 82 OF OFF/CJAL RCCOIIOS. PACES 44 ro 46, M.C.R. l
..at,i.ii.~
I

CURVE QATA TABLE
CUR',,£ DEl.TA -'™"' Cl 44•,s•:12· 2,.00· 16. ~-
C2 44•35•32• .f.5.00' ,s.,i,·
CJ 90'0()'00" 45.//0' 10.,19·
C4 90'00'00" 45.00' 7D.9'
C5 #'35'32" 45.//0' .i,.,tt•
C6 #'J5':J2" 21.00' 16.:k
------ -
EX 56' PU£ (8)
In8
iii
N88"48'02-w ,sg,oo• ,_ ,
Nl"l1'58"£

2.00'
101.00' ' )26.00' {)26.00" •
222 6,420 S.F.

N88'48'02"W 107.00'
:::::
_l__ SET 3/4" x 24" IRON PIP!; TAGCCD LS 8/HO, AT AU R£N1 LOT CO/INfRS ANO 3lle O LOT .wGl£ POll(IS, UMESS NOTED AS ·A WTl1lf:SS - • SET BRASS TAC STAMPfD LS 8tHO IN CONCfl£1c AT t.00' ME'ASURED PERPENDICULAR OR RADIN.LY FROM RIG/fr-OF-WAY ANGLE AND CUM PO/l(fS SD' 8R,,\SS" TAC STAMP£D lS 8040 IN CONCRDF AT 1.00 FOOT PROJECTION OF AU LOT UN£S II/TO STR£fl'.
=-=RESTRICTED ACCESS

66.(X)' Jlle 60.00' Jlle
8 g ~ g ,.. 2J8 ,.. ~ 6,000 S.F.
~ 'i: 'i:

P:;.-
LOT F 7.72 ACRES
(SEE SHEET 2)
N88'48'02 ... 509.0J'

60.00' J11e 60.00' Jlle O
8 g ~ ~ 237 ,.. 236 ,.. 6,000 S.F. ~ 6,000 S.F.
,- ~
'i: ~
--- --- 60.00' 60.00'
N88'48'02-W .152.93'
O.P.
(M)
OFFlCIAL PLATS
ME:ASUR£D ON THIS SURV<Y
(R) li4D<4L BfA/11//G
SF1I SCARCHErl, FOUND N0711///G
PUE PUBUC /ITIU1Y tAS£JffNT
Ct CUM TABLE R£FfR£NC£
M.C.R. M£RCED coumr /1£COl105
LE LANDSCIK £A5EllfNT
SE
MC

60.//0'
235

SIDEWALK EASEMENT

WITNESS CORNER
J'WC 6().00' Jlie
8 ~ ,.. 6,000 S.F.
~ 'i:
330
I I
I pHASE 3
THpo1NTE, -44
272 273 274 I sou sz-o.P I 276 277
I I
DATE, 3/4/2021 15'29 Fil£, M,\ 100025\ Drowir,gs\PHASE 4\SP PH4-0.J.dwg TRACT NO. 2015-1)1
SOIJTHPOINTE, PHASE 4
88NG A SUBDMSION OF LOT 8 SHOWN ON SOUTHPOINTf AT REGENCY PARK, FILED IN BOOK 81 OF OFFICIAL PLATS, AT PAGES 20 TO 24, M£RC£D COUNTY RECORDS, LYING IN S£CnON 12, TOWNSHIP 10 SOUTH, RANG£ 10 EAST, MOUNT DIABLO BAS£ AND MERIDIAN.

CITY OF LOS BANOS, COUNTY OF MERCED, STAT£ OF CALIFORNIA

70.00'
278
BOOK Bt/
MARCH 2021
BENCHMARK ENGINEERING, INC.
507 J STR££T, LOS BANOS, CALIFORNIA, 93635
r.i
279
PAGE _Jj_
:j
I
·1
I
l

SHID J OF J
22 OWNER'S STATa/ENT
tt£; 1HE I..INDERSW;NED, 00 HEREBY STA1F TH4T WE' ARE' TH£ OWNERS OR H41.£ SCMt RIGHT, 7771£. OR IN7ERES'f OF RECORD IN 1HE lAND SHOWN ON TfflS MAP ANO WE' CONSENT TO TH£ PREPARA110N AND RECORfJATION OF TfflS MAP. ltf ALSO HEREBY omT? AN IRR£VOCABl£ OEDICA110N TO TH£ CfTY OF LOS BANOS, AS EASEIIENTS, FOR PU8LJC USE; All. PU8LJC I/T11fTY FAS£ll£N1S (PUE}, All. SIDEWALK EASEMENTS (SE). ANO NJ. I.AN/JSCAff E'ASEJIENIS {LE); WF AL5ll OFFER AN lllflEVOCAllt£ Of!J/CATION TO 11/E arr OF LOS BANOS, II FEE. FOR PU8UC USC. ,\I.L STRECT RIQfT5 OF WAY,- WE" ALSO RWNOIJl5H .AU. ACCE3S' RJGHTS OF LOTS 241 ANO 248 ro NIO fROltl Fl/TURF W~ All. AS SHOM?/ ON 7HIS FINAL -·
OWNER: ~/HOMdkA~CALJFORNIA CIJRPOPATTON
BY, "'*-~~
P=,:i,,.,,,,
~ F1DEl..JTY N4110H4L Tm.£ COMPANY or CAJJFORNIA. A CAJJFORN/A CORPORATION BY<f/i@,\4 f/-lU_,e,'f.M D<rr.- 't'?Zt?ll0- ~'1 ;J...0::,1 S/Q/A11JRE 1m 1;:.,·a M 1/ .72:.c:: ; i"' a,¢ ti. P. PRllff NAME ANO 1TTt£ £14TE": - -------- NOTARY STATalENT
A N(JTAR'f PUBUC OR OTffER OF11CER COIIPLET'ING THIS C£RTIF1CATC VERfF1£S ONLY THc ID£NTTTY OF THE INDIVIDUAL ltH:> S/CNED THE DOCUM£Nr TO WHICH THIS C£RTIFICATE IS ArrACHED. AND NOT THE TRUTHFULNESS. ACCt1R<1CY. OR VAUOOY OF JHAT OQCIAl£NT. ~OF~WI Js.s. ON mo,,:c:" »I . 2021. 8UOR£ 11,:, ~ ......, ~ ,z.,1,,\.~ A. /KJTARYPIAJUC, PERSCNALLY~ e>•<;"I ~~ WHO PROV[() ro 11£ ON TH£ 84S1S OF S4.11SFACTOffY f.VIOENC£ 1TJ BE TN! PERSON(S) WHOSE NAJ/£(5) IS/Alic SUBSCRf8£D TO TH£ WITHIN JNSTRUUENT. AND ACKNOWLEDGED "TO It/£ ~T H£./SHF/THEY £XEClJ1ED 11fE SAM£ W IIIS/IIElVTHDR AUTHORIZIIJ CAPACITT(l£S), Nm THAT BY IIIS/IIElVTHDR SICNATURE(S) ON 111£ IIIS1RWENT 111£ PUISON(St OR 111c £NTr1Y UPON BEHMF OF WHICH 111£ PUISON(S) AC1ED, EXm/TED 111£ /HSTRIJM£NT.

I C£RT1FY UN0£R PEN41.TY OF P£NJURY lAllJER THE LAWS OF TH£ SfATE OF CAJ./FORNJA THAT THE FOREGOING PIJ?AGRAPH IS TRUE MIO CORR£Cr.

WITll£SS MY HANO
.-ru/1£, . "<l.vi-v \J?..- PRINCtPJJ. COUNTY OF ~NESS: \:NXt.«J, CfJMMISSJON MJU8£R, 'A't 9,,'.'l!J
MY COIIIIISSJON EXPIRES, ffl 1,7,£7,~
NOTARY STATa/ENT
A NOTARY PU8UC OR 01'/CR OFRC£R COMPf.£TTNC TfffS Cffl17f1CA1F VE1i'l16 ONLY THc IDEJiTTT'r OF THF INOMWA/. WM) SIGNED THE fXJCU1.tENr TO WHICH THIS C£1fflF1r.A1f IS A'fTACHED, ANO NOT THE TRUTHFULNESS.

ACCURACY. OR VAUDl7Y OF TH.4T OOCUMEJff.
~OFor~ccn Js.s.

ON --m Gl/?cb' « ') , 2021, BEFTJRE IIE, L. (<oq,' 1>e Lq11e,, A NQTARY P1Jsuc. PERSONAJ.Lr APPENIED 72> i ,Me If. l?.oa in s th lff«:J PRO'mJ 1D 11£ ON THE B4SlS' OF S4~roRY E.VrOENC£ TO B£ 1H£ P£RSON(S) WHOSE NAIIE(S) IS/ARE' SlJBSCR/BfD 7D TH£ WfTHIN INSTRfAIENT. AND ACKNOWl.£IJGED ro 1/f THAT HE/SHE/1H£Y EXfCUTED 7PE SMlf IN HIS/HER/THEIR AUTHORIZED CAPACIT'f(IES), AND THAT 8Y HIS/HER/THEIR SIGNATURE($) ON THE fNSTRUIIENT THE PERSON{S), OR TH£ fN1TTY UPON B£HALF OF WHICH THE P£RSON(S} AC1EV, £XEctJTf1) THE INSTRUIAENT.

I CERT1FY UNDER PDIALTY OF P£R.RJRY CMDER TH£ LAlt5' OF THC STATE' OF CAI..JFORNIA THAT THE fORCGOINC PARAGRAPH IS TRU£ AND CORRECT.

W1TNESS IIY HANO
S/GH'1llllf>(f~i. COIIIIISSIONIIUIIB£1< d7</(p;1:{Q
P1/#/CtPAI. CtJIJNTY OF BUS/NC!& ---m eJzceJ) MY IXlllll/SSION EXPIRES, :;, - /17 • 2!02!> lM7E': 3/ 4/2021 15:38 Fil.£: Al:\ 100025\Smvey Dn:,wings\PHAS£ 5\SP PH5-01.dwg TRACT NO. 2015-01
SOUTHPOINTE, PHASE 5
8£/NG A SUBDMS/ON OF LOT 8 SHOWN ON SOIITHPOINT£ AT REGENCY PARK, FIL£D IN BOOK 81 OF OFFICW. PU.TS, AT PAGES 20 TO 24, MERCED COUNTY RECORDS, LYING IN SECTION 12, TOWNSHIP 10 SOUTH, RANGE 10 EAST, MOUNT 0/ABLO BASE ANO MERIDIAN,
CfTY OF LOS BANOS, COUNTY OF MERCED, STATE OF CALIFORNIA MARCH 2021
0---=8=E'~='Ni=~=H~=M=~=~=!=sS=!=:=~~=E=!=~=!:=G=9;=6!='Ni=C~.

I
N
-J
QMITTfD SIGNATIJRf STAWJENT; PURSUANT ro SEC110N 664:16 OF, TH£ stJBDMSfON UAP ACT, 1Hf FOi.Lf!W!NG SIGNATUR£S H4~ 8£fN ®!TTED'.

TrP£ OF INTCR£'ST:

IN FAK>R OF:

D£ED RfFfREHCE:

TrP£ OF /NTCREST.•
IN FAKJR OF;
/J£EO R£FEREJire
SANffNrr SEMOi' fAS£JIO{T
CfTY OF LOS 8Nl()S
800K J756 OF orRCIAL PECOROS,, PAGE 887. U.C.R., RfCOROED 7 ALQ.IST. ,998 ANY RIGHT OF ENTRY ANO £ASEM£NTS NEC£SSARY FOR 111£ PROOfJCJ10N. EXPLOF?ATfON OR S10IWi£ OF on. OR MfNOW.S i.,m SPINA AND ROSAlJ£ SPINA BOOK 806. OfF1CW.. RECORDS. NCC :US. 11.c.R .. RfCORDED JUNE: 4, 194$ PW{NING COMMISSION STATEMENT ,. srACY SOUZA 8.MS, DIRECTOR FOR THE arr OF LOS (W(()S COUJIUNITY AND ECONOMIC 0£VEtOPMENT 0£PAR'TM£Nr, DO HEREBY STATC THAT I HAVE EPNIN£D THIS FINAL MAP OF "'!RACT NO. 2015-01 SOIJT'HPOINTf, PHASE s: AND THAT THE SUBDMSION IS SUBSrANTW.LY THE SAM£ AS THAT SHOWN ON THE 7EM'A11\£ UV' APPROI/EO BY TH£ CITY PUNNING COIIWSSlON ON TH£ 11TH lMY OF U4Y. 2016. AND THAT THIS FINAL MAP OF "TRACT NO. 2015-0t SDUTHPOINTE. PHASE 5~ COIJPU£S ltffli Al.1 R£OUIR£IIENTS OF SIJIJ Pt.ANNING COl/llfSSION.

DATED Tl/IS~ llAY OF SfrJ , 202'.

STAC ~J.AAS ~COIIUUHfTY ANO £CONOMlC DEVELOPMENT DIRECTOR arr OF LOS 8MOS
RIGHT TQ FARM STAT£/rf£NT P£R MfRCED COWflY OROfNANC£ NO. 1213:

THC PROPfRTY DE'SCRJBED OH THE HEREON SH<1tfN AW' IS IN THE VICINITY OF WID IIT1UZED roR JtGRICUL.TfJRAL PURPOSES MD RE'S1DENTS OF 1HIS PROPERTY *Y BE SV8JECT TD INCONVfNIEJICE OR DISCOMFORT ARISING fflOlil THE USE OF ACRICULnJRAL. CHEJIICALS, INCLUOINC, 81/T NOT LJll!TED TD, P£snctDES AND FElmUZERS, AND FROII THE ~ OF AGRICULTURAL OPERA110N5 INCLUDING, 8/JT NOT l.Nl1m TO, PIJJWING, SPRAY/NC, AND 8URNINC WHICH OCCASH)NALLY ~y GENERATE OfJST, SJ/OK£, NOISE. AND ODOR.

THC COUNTY Of M£RCED HU £STA8LJSH£D NJRICtJl..rtJRC AS A PRfORfTY USC IN AGRtCULTVRAL ZONES WHICH N?£ ourSIDE OF M E!irABUSH£D SPfCIF1C IJRlWt 00£1.0PflENT (SUDP) 80lJNfMRY. Rf.JRJ4L RES1tJEN'Tl4l. CENrtR {RRC) 8CJ<.WlMRY, H/CHWAY fNTERCHANCE COOf/1 (HJC) BOUNDARY, OR AGR/CtJf.11MAL SE1MC£ C£lflER (Ase) OOUNJJ,<H;, AND R£SIDOITS OF PROPERTY IN THE VJaNf1Y OF SUCH AGRICULTURAL ZONES SHOULD 8£ PRCPARED TD ACCCPT INCOIMN!ENCE OR OISCOIIFOlff F'ROM NORIIAL. N£CESS.4RY M;RICIJLTURAL OPERAT10NS.

SURVEYOR'S STATa/ENT
THIS IIAP WAS PR£PAR£D BY Mf OR UNDER JIY DIRfC1tON ANO IS BASE1J UPON A FIELD SUR'r£'f IN CONRJRIIANCE WITH THE REJJVfREMENT'S OF THE SVBDMSION WP ACT AND LOCU. OROINAC£ AT THE R£OlJ£ST OF GR£C HOSTETl.IR IN JULY 2017. I HEREBY STA7E' THAT THIS F1IW. MAP SIJBSTN(/IIJ1_Y CONFlJRIIS ro TH£ APPR(M1J OR CONDfflONAL APPROV£D TCNT'ATM: WP, 1HAT AU IIONUM£NTS ARC OF THC ~ ANO OCCUPY THE POStTKMS N>ICJ6m:>, OR 11MT TH£Y lffl.L 8£ SU IN rHOS£ POS/T10N5 B£FOR£ SNO SUBOMS10N fllPROVfMDITS AR£ ACCEPTED BY THE CffY OF LOS SANOS, AND THAT m£ MONUMENTS AR£ OR WllL BE SIJFRCIENT TO £NABf.E THE SVIMY ro Bf R£1RACE1J.
!J<TETJ 7HIS .JJ!! !J<Y OF klt;f;(~I , 2021.
~~
CITY SURVrnJR'S STAWIEN[ I HEREBY STATE THAT AT THE R£0UESr OF THE CfTY ENGIN££R OF 1H£ Cf1Y OF LOS BANOS, I H4~ £XMIINED THIS FINAL MAP AND THAT I AM ~nsRED THAT THIS MAP IS TCCHNICAJ.LY ClJRR£Cr AND COIIPU£S wm, APPl.JCABL£ PR<MSlONS OF THE SiBIJMSION MAP ACT. !J<7fl)TI/IS~!J<Y. '- ,2021.

CfTY ENGINEEf(S STATEMEN[ I HEREBY ST~ 7H4T I H,0£ EXAllfN£D THIS FINM. Ill/> AND STATf THAT TH£ SUBDMSION SHOWN H£RE'ON IS SUBSrANT1All.Y THf SAJ/£ AS ff APPfAROJ ON THE TENTATM: JIAP AND ANY APPROVED ALTERA110NS THEREOF, THAT AJ.L PRO'VfSIONS OF 1H£ SUBDMS10N MAP ACT AND ANY L004l. OROll'W'CfS OF THE arr OF LOS 84NOS NKJ llfRCED COUN'fY, APPUCNJl.£ AT THE 11M£ OF N'PROVAL OF TH£ WffATM MAP HA~ BEIN COJIPU£D Wf1H.

OA1W THIS 1_,~y OF ftp..;_ l , 2021,
crrr CLERK's STATEM£Nr I. Lt.a' IIAJ.1.0N££, CtTY a.ERK OF 'THC arr Of LOS &WtlS. STA1F or CALJFDRMA. 00 HER£IIY STAJE THAT ~r:::s~=~"\f'~,,OF:~~::::.,;A1;,~~t1ff!,
SOt/THPOINTE, PHASE 5"' WAS ~ ACCEPTED ON 8£JW.F OF THE PUBUC, FOR PUBUC USC. 1H£ OFFER OF DEDIG'iTTON IN E'ASEMOff OF ALL PUBLIC VT1LlTY EASEMENTS {PUE), AJ.L S/OE'WA/J( EASDIOITS (SE), AND JJ.L I.ANDSCAP£ tASD.IENTS (l£), TH£ OFFER OF DEDICATION IN FEE OF ALL srREIT" RfQfT'S OF WAY,· N£ Al.SO ACl<NOWL£DGC 1HE R£lJNQlJISHll£N OF ACCESS RJGH1S OF LO'TS 247 ANO 248 ro AND mot,# FUnJR£ WARP ROAD; ALL AS SHOWN ON THIS F1NAI. ltlAP.

LUCY MMLDNfE. arY a.ERK arY OF LOS BANOS
RECORDER'S STATEMENT FWI THIS .2J3_ ll<Y OF A:p,z,' l- . 2021, AT IO : 01 O'CLOCK A II.

IN /JOO/(~ OF OFFICW.. PIATS, AT PAGES I?, - tl/ . II.CR.

O'lfN£R: AT TH£ R£OU£ST OF srrJNEfJElD HOii£. INC. A CJlJFfJRM4 CORPOIUJ'fOH m, $ 3' '2- "° -:t,oc.A= ?,oa 1 - o I q f o '7 IIATT H. ~Y, COUNTY RfCOROfR sr. C m,4,ar,,,,,L c P:f1<c/ • OE1'UIY
BOOK~ PAGE /~ SHEET I OF J
23 219

FOUND BRASS TAC
STAMPCD "LS 8040"

OITA/LA
(IIOrmSCM;J
I
fX '6' PU<(B)
240
AS 1• i,'.'".C.""'./-'C)-+4----~ ~:m """{; ::,,.
-48~:: rOO'(M)(C); ~:• i,c. (C)
i !Mll": J/ 4/ 2021 15:JB FIi.£: Al:\ 100025\Survey Orawing~\PHASE S\SP PH5- 02.dwg SU8DIVIS/ON SUMIAARY
20 wrs STRmS
LOT G
ll)rAL

2.86 ACRES .98 ACRES J.86 ACRES

7.72 M:R£S
N89'5l'tH'W 1---.. Tr ,01.02'(11} "-...__ N1"11 :58"F I'\ (B)(C) 20.69'(1/)(B)(C) ' 330
329
328
327 I 326
325 I 324 (
255 254
LOT G J.BBICRES
N88'"8'02-W 561.03'
253 252 I 25 1
~.___.___L._t1ee1',
.r--.---.see,--s~-~~
240 241 242 243
OVERtANO AV£NUE
212 I 2 13 I 274 I 215 I 216 / 211 / 218 I 219
' 01Jll1pb1NJE I 1 , ---'-
- ~-- 5 pf-V,SE ~
44 ~ -
52-0.P- SANDERS COUKT
281 / 286 I 28s I 284 I 283 / 282 / 281 I 280
-1- -t - ~ --i - t -1- ~ - 288 I 289 I 290 I 291 / 292 I 293 I :194 I 29s ~po1NTE'- ~ - ~-
sO~HA5£ :41 -...-~,- 827=0.P_·--,---,--.,.._
I I
I WEST UNf OF
(

STORM DRAIN
BASIN EASDl£NT
(8)
\
TRACT NO. 201H1
SOIJTHPOINTE, PHASE 5
8£/NG A SUBDMSION OF LOT 8 SHOWN ON SOIITHPOINTE AT REGENCY PARK, Fil.ED IN BOOK 81 OF omcw.. Pt.ATS, AT PAGES 20 10 24, IIERC£D C0JJNTY RECOROS, LYING IN SECTION 12, TOWNSHIP 10 SOI/TH, RANGE 10 EAST,

MOUNT DIABLO BASE AND MERIDIAN,
CITY OF LOS BANOS, COUNTY OF MERCED, STATE OF CAI.JFORNIA MARCH 2021
llfl --=s='E.=11i=C=HM=~=R.='K=Ei=Ni=G=i/M=ES='R=1Ni=G=1=/Ni=C=. ,-- '1:7 507 J STREET, LOS BANOS, CAI.JFORNIA. 9J6J5 LEGENO
NOTE: ALL PIP£ SIZES AM INS/0£ owm'ER
• FOU/ID J/ 4" IRON PIP£ TNJ(;£1) '1S ao,c• P£R (BJ AND/ OR (C), OR AS N<1TED • RJ(M}IIONVll£JfflNIIONINEM"OlliP£R(C)
II) FOUND (;I'S MONUMENT AS 51/0WN ON R£F (A)
O SET 3/4- 1t 24" IRON PIP£. TAGGED LS 804lJ
0 , S£T :J/4~ 1t 24• fRON Pfl'E. 1'AGl'.E1 LS ll>W, IN IIONUM£NT IEL 3 ~ ~•~ ::f:m "'ff~T~lS ~AT ALL REAR LOT CORNERS AND LOT NQ£ :o: -~~~=~:'=~POINT'S
SU BRASS TAC STAMPED LS 8(U(} IN CONCRfT'£ AT 1.00 fDOT PROJEC110N OF ALL LOT UNES INTOsmEU.
~ RESTRICTED ACCESS
O.P. OFFICIAL PLATS
(M) IIE'ASURED ON 11115 SURVFY
(R}
SFN --SCARCH£D, FOUND NOTHINC
LE WIDSCAl'f fllSEJIENr
PUE PU8UC l/T1llrr' fAS£liENT
Sf Sl[Jf,rALJ(fllSEJIENr

11.C.R. IIEJlCEJ) COUNT'fRRXlROS
"" WfflfESS CORNER

BASIS OF BEARINGS
A OBSE1NfD B£ARIN(J or N26"2J'J2"'W WAS llfASUR£D FOR TH£ UN£ BETWEEN GPS/GfS 1021 ANO CPS/GIS 1011 AS SHOIJIN ON THE GPS SUMY' CONTROL N£1'WORt< FILED IN BOOK 28 OF~ AT PAGES S TO 12. IIERCED COUNTY RECORDS. ANO IS 'THE iMSlS' FOR M.l. BCARtNCS ON THIS MAP.

REffRENCES
(A) BOOK 28 OF SURl£lS, PACE5 9-12 CPS SVRl£Y CONl1IOI. - 11.C.R. (8) 11W:T NO 2015-01, SOU7HPOINTf AT REr;cNCY PMK, 8001( tn OF OF'f1CIAL MCOROS, PNXS 20 1D 24, 11,C.R. (C) 1'IACT NO 2015- 01, SOUTHPOIN1f. PHA5£ .f, BOOK OF OFRCW.. RECOROS, PAGES 10 , 11,C.R.

BOOKV1 PAGE L:3 SHEET 2 OF J
24 NOTcS
I. AU. B£ltRJNGS AND OIST/!NCES SHOWN Hf.R£ON ARE WEA.SVR.£D UM.ESS 01'£RWISC NOTED. 2. ALL DISTANCES ANO OIIIENSION5 SHOWN AK IN F'Ell AND lR'.IU4l. PNnS THERE'OF'. J. ALL R£C0RD INFORMATION SHOWN IS F1lOM UERCED COUNTY RECOR05.

REFERENCES
(A) BOOK 28 OF SI/RID>: PAGES 9-12 GPS SU/MY CONT/IOl N£TWOllt(. U.C.R. (B) 11MCT NO 2015-01, SOUTHPOIN'fC AT RE.GENCY PARK, BOOK 81 OF Off1Cll,L RECOROS. PAGES 20 1V 24, M.C.R. {C) TP.ACr NO 2015-01, SOUTHPOINTC, PHASE ,f, BOOK OF OFF1CIN. REC0R0S, PAGE'S TO , 11.C.R. ,iiN1"11:5'8'!'
LEGEND
N01£.· All. PIP£ SIZES ARf INS/D£ DWl£TCR
• FOUND .l/4" IRON PIPC T,ccED '!S 8040" PER (8) AND OIi (C). OIi AS NOTED • FOUND IIONUIIENT IN IIONUIIENT WEU. PER (C}
• IWNIJ GPS IIOMJIIElff AS SHOWN ON REF (A)
0 SIT J/4 .. it 24• IRON PIP£. TAQE> LS /JO,f.O
S£T J/4• :it 24" IRON PfP£, rACGED LS 8lH(), IN liONUME"NT WEU. _l__ SU .J/4'" • 24• IRON PIPE. T/ltGCCD LS IJ(H(), AT All. REAR LOT CORNERS J,NI) J~O LOT NtCl£ POIN1S, UNLESS NOTfJJ AS A "'1NESS CORNER SET BRASS TAC STAI/PED I.S 8040 IN CONCR£TC AT 1.00' IIEASURED PERPfNOIClJIAR OR JW¥4LLY FROM RIGHr-OF-WAY ANGLE ANO CURVE POINTS SIT M4SS TAC STAJIPED ts 8040 It CONCR£1F AT 1.00 FOOT PR0J£r:noN OF ML LOT UNES fNro S11ffIT.

L.UaLLU RESTRICTED ACC£SS
LOT G J.88 ACRIS
(SEE 5H£IT 2)
O.P. OfF1CW... PLATS
(/,I) l/FASVRfIJ ON 111/S SU/MY
TRACT NO. 2015-01
SOIJTHPOINTE, PHASE 5
(R} IINJIAL IEA/IJIIG Be/NG A SUBOMSION OF LOT 8 SHOWN ON SOUTHPOINTE AT REGENCY PARK, FILED IN BOOK 81 OF OFFICIAL PLATS, AT PAGES 20 ro 24, M£RC£D COUNTY sn, SEARalED. FDUND N01111NG RECORDS, LYING IN SECTION 12, roWNSHIP 10 SOUTH. RANGE 10 cAST. PU£ P1JBUC VTVTY fASEMfNT MOUNT OIABLO BASE ANO MERIDIAN. c, CU/Ne TABLE RUFRENC£
llC.R. lllRC£D COi/NT)' R£COROS
LE IANOSCAP£ fASEMfNT
S< S10EWALK fASEMfNT
1ft' WfTN£SS CO/IN£R

CITY OF LOS BANOS, COUNTY OF MERCED, STATE OF CALIFORNIA MARCH 2021
(I\
~
---=B=S='Ni=C='HM=rA=R='K=Ei='N=G=tH='EEi ='R=1N=G=•='N=C=. ,.._ 507 J STREIT. LOS BANOS, CALIFORNIA. 9.J6J5 /i1
I 60.00' J'r/Co
,~oo·°"""-. '.c
~r,.;;:.;..,,- _•~\i,2i,.oooo-' "f'T --;,,.~:;;..,..- ;::;ir- 6o.i.,,---;::f- --..uiir---::::J,..1-~-~t1,,~ .. 7'·,,,. ~,io.iir- r - -;;;;:-;;;;:-----,::--=;;;,- ~ ~- .....,,,=--=,ll 101.00· 't{ - J'Wr:° 60- 00' J'WCo so.oo· o J'ltC 60.oo· ,._.o 60.oo· ,..._o 70_00, I
I
I
I
I
I
I
I
I
I
I
I CURVf OATA TABLE
CUI\£ DELTA /IAl1IVS l£N(l1I/
Cl 44".J5'J2· 21.00· 16.:U'
C2 #"JS'J2· '5.00' J5,02'
CJ 90'00'o0" 45.00' 10.69'
c, 90'00'o0" 45.oo· 10,69'
cs -KJS~· 45.oo· .JS,02'
C6 44':J5'32. 21.00' 16.J4'
REMAJND: ~o 51 - 0.P8
g
g
g
216
6,420 5.F.
217
6,420 S.F.

N88''8'tl2."W 101.0Q'
218

6.-420 S.F.

N86'48'02"W ,07.00'
219 6,420 S.F.
220
221
ll41F: J/4/2021 15:J9 FIL£: U:\ 100025\Surw,y Drowin[P\PHASE 5\SP Pffj- OJ.dwg I " 8 1 ~ ~
8 ~
I \r'i
!' !I
ii 255 i6,487 S.F. @
IHS48'02"W ~ 21.21'
254 6.0005.F.
8 ~
..
~
i
253 is.ooo S.F. ~
:.
252 6,000 S.F.
8 8 8 ~ -~ ~ .. 251 .. 250
~ 6,000 S.F. ~ 8,000 s.r.
~ i

60.00' ✓~- -~ ---'5-"t.oo"'-· --'----""'"'---....L_......!!611~.007·-..=.,,,;;;~h,;;.,,,;JS2~':~,"!'['~_JL _ ~f1'...._ 60.00' ...L_ ~ gg;_- ~ N1"11'58"t

2.00'{IIXC)
239 238
8 ~
..
!
,..
:.
242
NB8'411'02"W 48().03' _ 410.o.T'p.tw 1D WJN)
8 g ~ ~ .. 24.J .. 6,000 S.F.
~ 6,00DS.F.
~
237
~ l:

N88'48'02"W 480.03' _470.DJ'(MXC)(IION 1D M:W)_
235 234
CRAIG COUffT
,..,,
8 ;;
.. 249 .I! 248 6,081 s.r. ;: 6.800 S.F.
233
~ ,o· PUE
232
I •'rlC
BOOK alf
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I
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1' I
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FUTURE j
I

CENTER LINE
OF WAROIRCl<O
SHEET .J OF .J
25 OWNER'S STAm.tENT
~ 1H£ UND£RSICNED, DO H£RE1l'Y STA1£ 1H4T 11£ Nl£ TH£ 0WNERs OR ~~ SOM£ RfCHf, 1111£ OR INTER£ST OF RfOORO IN TH£ WK) SHOWN ON m,s MN' IND 11£ CONSENT ro THf PREPARATION AND RECORIMTKJN OF THIS WP. K AJ.SO HEREBY OFFFR AN IRREVOCABJ.E DEDICAT10N TO ntE arr OF LOS BANOS. AS cASEM£NrS, FOR PIJ8J.JC US!, Al.1 PUBUC UTIIJTY E"ASEIIENIS (PUE), Al.1 SIDEWAJJ( EAS£llENTS (Sf), AND All W/OSW'£ E"ASEJIENT'S (l.£): II£ ALSO OFFER AN IRRE'VOCNIJ..E 0£DICAT10N ro TH£ art OF LOS 8WOS, IN FEE, FOR PU8UC us,; AU. STRECT~RK;HTS OF W,iY; WE" ALSO R£L/HOIJISH AU.. ACCESS RtGHTS OF L01S 26J AND 264 ro AND FROM F1.RI.REWARO , ASSHOWHON1HISF1NN..JIAP.

IJWfiEJt CORPORATTON //
8" ~ =- "'"' 3-2..,--2/
"""' " -PMsJdedTRUSTEt: F1DElf1Y NATIONAL Tm.£ COIIPANY OF OOJFDRNIA. A CA/JFDRNIA CMPORATION sr,o9t'l/l\l tf. i;4'n¥'::',- "'"' J}1oRL/, 9l.'l, Zta1 SICNATU11£ sr, J;/:.;r,i·,!JoBirurfJl. wd:- v.? • .,r _______ _ _
NOTARY srAm.tENT
A NOTARY PUBUC OR OTHER OFRCER COMPl.£TJNG THIS C£1fflFICATf VERIFIES ONLY THE 1DEN1TTY OF TH£ INDIV10UAL llflO SIGNED TH£ C'XXUl,,l(J{f 1D WHICH THIS CER"RCATC IS ATTAOIED, AND NOT THE TRUT'HFUI.NfSS. ACCUR4CY. OR VALIJl1Y OF THAT DOCUMENT. ~OF~~ Js.s. ON mr, .. qt, .:;)..JJ:

A NOTARY PUBUC, PERSONALLY ltPPCAR£D _.J.:lJ..lia!:>..ll>Ll= -"''------ --- WHO PRrNm TrJ IIE ON TH£ B6IS OF 5411SFACroRY £WJENC£ n, 8£ TH£ PERSON(S) W',!1)5£ NAMt(S) fS/ARf SUBSCR!BlD ro THE WffHIN INSTRWENT. AND ACKNOWUIJGED ro IIE THAT HE/SHf/THCY EXECUTED Tff£ SUIE' IN HIS/HERll>IEJR MITIIORfZED CAPN:/T'f(teS), AND 1H<T BY HIS/H£R/171f1R SICH<TURE(S} ON 11/C /NS11MIENr 11/C PCRSDN(St OR THE EN1TTY UPON «H,V OF IIIHICH THE PfRSON(S) ACTUJ, """"1W THE INS1RUIJENr. f comFY UNDER PENALTY OF PERJURY UNDER 11£ LAltS OF THE STA1t OF CN..IFDRNlA. 1H4T TH£ R1R£COING PARAGRAPH IS TRUE AND CORRECT. llm/ESSIHIWID
SICH<TIJR£c ~ '(1.o'k PRINCIPN. COUNTY OF BV51NESS: ff\rx:: LJA CIWSSION NUll8E1t ;:xi'/: 5:fe '1 f
1H COWISSION £XPfRES, 9--,t, El, 2.0,.S:-
NOTARY srAm.tENT
A NOTNW PI.IBLJC OR O'fHER OFF1C£R COMPtET1NC THIS CDnF1CATE 'l!RIF1ES CM.Y THE IDENTT1Y OF THE INOMrJfJAL WHO SICN£D 11-IE DOCUIJOIT 1D WHICH THIS CCRT1F'ICATf fS ATTAG'HEV. ANO NOT rHC 1Rt/THF1Jl.NESS, ACCUNCr, OR VNJDffY OF THAT D<JCUIIEJtr. =,r<Y~':,~;, js.s
cw --:rn Q«.cb a.q . 2021. 8UVRE 11E /... • l<a,,,' 't>e LqRa, A N01Nrl'PUBUC, P£RSt!NAl.LYN'Pf:.<RED --;p;qne H-l?,oB/rlf,fV) WHO f'WlMI1 ro 11£ ON 1H£ B4SIS OF S411SFAC7tffl' £t,f()£}IC£ m 8£ DE PERSDN(S) M«J:!il'" NMIE(S) IS/ARC SV8SCR/8ED ro rffE: WfTHIN INSTRUlrlEM, .wo M:KNOWf.EDGED ro IE 1™T 1£/SHE/THCY am.nm rnc SA.ME' Ii HIS/HERl11IClR MITIIORfZED CAPIC/1Y(ICS}, Nit} THAT BY HIS/H£R/1H£]R SICNATU11£(S} ON THE INS11/UMEN1 THE PERSON(S), OR THE DmTY UPON BEHALF OF WHICH THE PERSON(S) AC1ED, ~IITE1) THE /NS1RtJMENT.

I CER11fY lJNOER PENALTY OF PERJUFrf UNDER THE £ANS OF TH£ STA7£' OF r.AUFORMA THAT TH£ FOREGOING PMAGIW'H IS TRUE AND calll£CT.

WITNESS IIY HANO

PRINCIPAL
""""= COIJN1Y d-®: OF BIJSINESS, ~ '111:erzceP
COMMISSION NUIIBER, 6 { tf c:; <, p0
1H CtWIS$l()N £XPrfffSc 2., 10· 2.02.S
~1E· J/4/2021 15:,W F11..£: Al·\ 100025\Surwy Drawfn9s\ffliSE 6\SP PHS-01.dwg TRACT NO. 2015-01
SOUTHPO/NTE, PHASE 6
BEING A SUBOMS/ON OF LOT 8 SHOWN ON SOIJTHPO/NTE AT REGENCY PARK.

FIi.ED IN BOOK 81 OF OFF/C/AJ. Pl.ATS, AT PAGES 20 ro 24, MERCED COU/flY R£COROS. LYING IN SECTION 12, TOWNSHIP 10 SOUTH, RANG£ 10 £AST, MOUNT 0/ABLO 845£ AND UERID/AN,
CITY OF LOS BANOS, COU/flY OF 1,1£RC£D, STATE OF CAJ.JFORNIA I/ARCH 2021
BENCHMARK ENGINEERING, INC.
507 J STREET, LOS BANOS. CAJ.JFrJRNIA. 9J6.J5
~ HENRY MILLER AVE
" HIGHWAY .lJ
~ \ ___ \
~ 1,
'?-., \,, i
',,
OMITTED $1GNAWRE STAIDIENT; PfJRSIJANT TD SECTION 664J6 OF THE SUBDMSION M.'P ACT. THE. FOi.LOWiNG SIGNATURES ~l/E' BEEN OllmrD:

TYPE OF INT£R£ST: IN FAK1R OF:

DEED RfFfRENCE,
rrPE:OFfNTUl£ST:

IN FAKJR OF: DEEDREFER£NCC,
SANITARY S£ltfR CASlJIENT' artOFLM MIOS BOOK J756 OF omr;w,. RreORDS, PAC£ 887, M.C.R., RCC0RDBJ 7 NJCl$f, 1998 ANY RK;HT' OF £N11rf AND EASEMENfS NEr::ESSARY FOR r1f£ Pl?OOUC110N, lXPI.ORATION OR STORA&£ or OIL OR IIINERALS Im) SPtNA ANO ROSNJ! SPINA BOOK (l(}tS, OFF1CW.. RECOROS, PAC£ J#J. M.c.R.. RCCOROED JUN£ 4, IH5 PWfNING COlrl/rf/SSIQN STATEJIENT I, STACY SOUZA El.MS, DIR8:TOR FDR THE CfT'f OF LOS BANOS COMMUNfTY AND ECONOMIC 0£VEI.0Pti£HT OEPARTIIENT, DO HERfBY STATr 1™T I HA~ EXAMINED THIS F1NAL NAP OF "TRACT NO. 2015-01 SOUTHPOlff1£ PHASE s: AND 1HAT TH£ SUBOMSION fS SUBSTANTW.LY THE SMIE AS THAT SHOWN ON 1HE TENTAm£ IIAP APPROVED BY THE ClfY PLANNING COMIIISSION ON TH£. 11TH lMY OF M4Y, 2018, AND TH4T THIS FINN.. MAP OF "'TRACT" NO. 2015-01 SOI.ITHPOOflE. PHASE 6- fX»IPtJES WITH ALL RE.OWEIEHTS OF 'SAID PU.NNJNG COMJIISSION. 0'1D> THIS~ O<Y OF fifii, \ , 202,.
~:J,,,. ANO ECONOMIC OEVCI.OPMEM 0/R<CTOR
CffY OF LOS BANOS
RIGHT ro FARM STAW,£NT PER MERCED COlJNT'f ORDINANCE NO. 121J:

DE PROPCR1Y DlSt:RIBED ON 1HE. HERCOH SHOWN IIAP IS IN TH£ VICJNfTY OF I.AND UTIUZCD FOR ACRICUUVRAL PtJRPOSES ANO R£SJO£NrS OF 1HS PROPER1Y ~y 8£ SVBJCCT m INCON't£Hl£NCC OR DISCOMFDRT ARISING FROII THE /J5E OF AGRfCt/1.nJRli. CHEIIIC4lS, INCUIOINC, BfJT NOT UMITED ro, PESTICIDES AND mmt./ZfR5, ANO FROII THE PUR5tHT OF AGRICULTVRN. OPERATIONS INCWDING, BUT NOT UUffED ro, PLOWfNC. SPRAYING, ANO 8URNINC WHICH OCCASIONAi.LY "4Y GCNERA1E' OUST. SIIOKC. NOISE. ANO ODOR.

THE COUNrr OF JlfRC£D H4S ESTABUSHCD NJRJCULn.JRC ~ A PRIORtrY IJS£ IN AGRJCUI..TURAL ZONES WHICH NI£ Ol1T5IDC OF NI ESTNJUSHHJ S1'CC/flC UllfWI l/EVELOPIIEN1 (SWP) 80VNOARY. ,....,_ R£SWfNIJAl. ClNTFR (II/IC) BOUNDARY, HICHIMY /N'ffJfCHANG£ COl1f1l (Hie) 80UNOARY, OR AGRfCULTURAL SiRMCE" CENTER (ASC) IIOt.JHDARY, AND RESIO£NTS OF PROPENrY IN THC VfCINfTY OF SUCH AGmCUt.nmAL ZONES SHOUW Bf PREPARED ro ACCEPT INCONVENIENCC OR OISCOMFOffT FROM NORftW.. NECESSNfY AGRICULTURAL OPERATIONS.

SURVEYOR'S 5rAm.t£NT
THIS ~ WAS PRfPARUJ B'f ftlE OR UNVER MY 0/R!CTION AND IS EMSED UPON A F1E1.D .st.fMY IN CONF'ORMANC£ WfrH TH£ R£OUIROIEMS OF THf StJ8DMS10N MAP ACT AND LOCAL ORD/NACE AT THE REOUEST OF (;REG HOSTf:T1.ER IN JULY 2011. I HfR£IIY STATE THAT THIS n,w.. IIAP SU8STANTIAUY CONFORMS n, THE APPll(1,£1J DR CONDfTIOIW.. APPRCMD TENTATTVE WP, THAT ALL MONIJliENTS ME OF TIE CHARICTER AND OCCUPY THE POSITIONS INDICA.llD. OR THAT TH£Y lffU BC SEr fN mosc POSIT10NS 8£RJR£ SW SU8IJMS10N 1'IPROVDIENfS ARC ACC0'7fD B'f THC CITY OF LfJS BANOS, ANO THAT THC IIONtJll£NTS ARE OR WIU.

BE StJmCiFJ{1 n, ENABLE 1H£ SIRMY 1l> BE Rrn<ACED.
a<m> T1flS ~ O<Y OF }11Ai?(fl , 2021.

A ~~-
C/ZY SUIMYQR'S STAW,ENT I H£R£B'f STATE THAT AT THE REQU£ST OF TH£ CfTY OIGINEER OF' THC CITY OF J.I)$ ~ I ~~ fYAMIN£D 1H1S F1NAL IIAP mo THAT I AM SA11SFIE1J THAT THIS MAP IS TEalNICALLY CORRCCT AND COMPUES wrTH APPUC»Jl.C PRfMSKJNS ~ , 2021.

1.$. 8J66
cny ENGINEER'S STAIDIENT I HEREBY STA1£' 1H4T I ~Yr D<MIINflJ THS F1NAI.. IJArP NID STA1£' THA.T THE SU8DMSION SHOWN HffiE.ON IS SVBSrANrl/ltJ.LY THf SAME AS ff ~ ON 111£ TEHTA1lVE U4P ANO AN'f NffK)\£1) ALTERATKJNS THEREOF, THAT ALL PROV/SfONS OF TH£ SIJBDMSION MAP ACT AND ANY L004l ORDINANCES OF TH£ ctTY OF LOS BANOS AND IIERCED COlJHTY, APPL/CABI.E AT THE 1111£ OF N'PROVAI.. OF TH£ TfNTATlVE I/AP HO£' B£EN COIIPUED WfT1-I. "'"" THIS~ O<Y OF Apnl , 2021.
cny CLERK'S STAIDIENT ,. LUCY .ww.cwa: CITY Cl.ERK or TH£ CfTY OF LOS 8'MIS. St41£ or C4l.JroRM',. DO H£R£BY 51)11£ THA.T AT THE RfGVlAR IIEI1WC OF 7}IE arY COUQ. OF THE CfTY OF LOS BANOS, STATf OF ~ HE1..b ~~~:J'"~~~=~/11:·a::'~=~~o,
Of1fR OF DEOICATTON IN EASEIIEN1 OF Al.1 PIJ8J.JC UTIIJTY £ASEJl£N1S (PUE), A/.1 S/l/£WA/J( EAS£IIENTS (SC), AND AU. LANDSCAPc CASDIEN1S {LE), THE: OfFfR OF DEDICATION IN Fff OF AU. STREET RtGHTS OF WA~ IE' ALSO ACKNOWLEDGE 11£ R£JJNQUISHIENT OF .4CCESS' RIGHTS or LOTS 26J MID 264 TO MIO nKJil FlJTIJll£ WMD ROAD; TH£ Of1ER OF D£DCA110N IN 1H OF TH£ STRC£T RfCHrS-OF-N'A~ NJ. A5 SHOWN ON THIS F7NAI. MAP.

LUCY IIM.LONEE. CITY Cl.ERK CITY OF LOS 8WOS
RECQRD£R's STA@IENT FIW) 1111S ~ GIY OF &pt,· I , 202,. A1 /,:,: l,G O'CLOCK A"· IN 8COI( 1i'i_ OF OfflCW. PU.TS. Ar PACES -'~£~ -~ '-' ~ -------• U.C.R.

ONMR: AT 1HE REOU£ST OF STON£F1C1J) HOM£. INC. A C4UFt\lN4 CORPORAOON ,re 'B ]. ~
AMTT H. "4Y, COUNTY REr:0R0CR
,,.,, c.,m.G,,n,,d <'o/'j . O£PI.ITY
BOOK .J!2:j_ PAGE~ SHEET 1 OF J
26 N89'51'1H"W
t07.02'(11)
(BXC) 2 12
D I 213 :!!
-:;
.. 214
215
N8/NIJ'02"W
107.00'(IIXC}
2 16
D l§:
~ 217
~
ij
2 18 i-,
I ~
219 ~
220 22 1
222
223
£X ... P<J£ (8)
JJO 329
R£MAIND:io
a, -o.P3
28 327
326 325
324

SUBDMS/ON SUMMARY
19 LOTS

STI/EETS

2.g{JN;RE;s .98ACRE:S
IOTA/.
i
'I
i
I
J.68 ACRES
N8B"4ll'02"W J!U.&J'{IJ.)(8J(C)
224 I 22s I 225 I 221 I 228 / 229 I 230 I 23 1
~ --'--'----'----'--1...- -L__JL__,,
fl'IERIANO AVfNIJE
212 I 213 I 214 I 215 I 215 I 211 I 218 I 219
I n4pb1NT£
~- '-- 50~tJASE _:44 -'--~ -_,__,
az0.P•
281 I 286 I 285 I 284 I 283 I 282 I I 281 280
-1- -+- ~ -i - t-1- ~ - 288 I 289 I 290 I 29 1 I 292 I 293 I 294 I 295 I j ~p01NT£
1 _--'-_ .....
(
:V.SE 2 -,--~ :z_o.P.-4 1
I
I I
I
I
I '/lfSTUNCOF
~ STORM DIWN BASIN WDIENF
\ (B)
\
TRACT NO. 201!HJ1
SOIJTHPO/NTE, PHASE 6
BEING A SUBDIVISION OF LOT B SHOWN ON SOIJTHPOINT£ AT REGENCY PARK.

Fll£D IN 8001< 81 OF OFFICIAL PLATS, AT PAGES 20 1D 24, MERCED COUNTY RECORDS, LYING IN SECTION 12, TOWNSHIP 10 SOUTH, RANGE 10 EAST.

MOUNT DIABLO BAS£ AND MERIDIAN,
CITY OF LOS BANOS, COUNTY OF MERCED, STATE OF CAI..JFORNIA MARCH 2021
rat.
~ --=8='Ei='M=C='HM=~=R='K=E.='M=G=tNi=E'ER = =tNi =G=1 =/Ni=C=. =-- 507 J STRffT, LOS BANOS, CAJJFORNIA, 9J6J5 L£G£NO
NOTE: All. PIP£ SIZES M£ INSID£ OIAM£TfR
• FOUND J/4" IRON PIPE: T"""'1l 'Is /KHO' P£R (8) AND/OR (C}, OR IS NUT£D • f'OUND MONVMENT IN MONUJIOfr ltRL PER {C)
~ FOIJND CPS UONUMENT AS SHOWN ON REF (A)
0 SD J/4• K 24• IRON PfP£ TM:Cm I.S 8040
0 SlT .J/4• x. 24-" IRON PIPE. TAGGm LS 8tUO, IN MONUMENT' lt£U. ---1..:..._ $CT J/4" K 24- IRON PIP£. TAGGED LS 8040. AT AU RCAR LOT CORNERS AND LOT A>ICL£ J'IIIC o POINTS, tJHl..£SS N01m AS A lmllES5 COIIN£R
SET 8PASS TAC S,AJIPED LS 8040 IN C0NCRaE AT 1.00' MfASURfD PERPENOICUI.NI OR RADIAi.LY FROII RIGHT- OF-WAY NJGI.£ ANO CURV£ POINTS SCT BRASS TAG STAIIPED LS Bt>l<J ., CONCR£Tf AT 1.00 FOOT PROJEC1DI Of AU. un UHES .,,. S11IEE1:

L.LLL.ilLU IIE'SmlC"TfD ACCESS 0.P. OfflCIN. l'L<15
(II) /l£IStJRED ON T1l1S SlllMY
(R) IMDW. BEARING
STII $£AROIED, FOUND NO'TH/NC
LE IANDSCAP£ FASEJIE1{f
PU£ PUBUC llT1U1Y £AS£MENT
SC -fASEM£Nr
U.C.R. ll!RCff)COIJNTYll(COROS
"" "'"""5CORNER

BASIS OF BEARINGS
A OBS£RVED BEARfNG OF N26'2J'J2-W WAS MfASURED FOR TH£ LINC BErWEDI GPS/GIS 1021 AND CPS/GIS 1017 AS SHOWN ON T1f£ CPS SUTM:Y CONTROL NUWORK F1LED IN BOOK 28 OF SURVEYS, AT PAGES g 1D 12, MERCED COUNTY R£COROS. AND IS rHE &tSLS' FOR All. fDRINGS ON THIS .IW'.

REFERENCES
(A) 8()()1( 28 OF ~ Pl«S 9-12 CPS SlllMY CONTROL l/£1WORK, 11.C.R. (8) TRACT NO 2015-01, SOUTHPOINTC AT RmENCt' PARK, BOOK Bl OF OFRCIAL RfCOROS, PAGE:S 20 10 24. M.C.R. (C) TTW:T NO 2015-01. SOU1HPOINrE. PHASE 5, IKXJK OF' OFFlctAL RECOROS, PACES 10 • 11.C.R. 800I( Z5 t-f PAGE ~ SHEET 2 OF J
27 NOTES
1, AU. BORINGS NID OISTNICE.S SHOWN HEREON ARE l,l£,ASIJR£1} UNl.ESS OTH£RWIS£ N<JT£D.

2. ALL OlfiTAilCE'S AND OIM£NS10NS SHOWN ME II F'EIT ANO DfCIIK!. PMrS »ERfOf: J. ALL R£C(JR() INFORll4T10N SHOWN IS FROM MERCED COUNTY R£(;:Offf)S.

RUERENCES
(A) BOOK 28 OF SURVfYS, PNJES 9-12 GPS 5VIM'Y CON1'ROL N£nflORK, 11.C.R.

LEGEND
NOTE All. PfPC SIZES NlC 1NSIO£ OMMf:TER
• FOfJNO J/4" IRON PIPE TA/ICED 7.S 11{)4()" PER (8) AND OIi (C). OR AS NOTED 8 FOUND llONUl,IEJ(T IN IIONUIIElff IIEll. PER (CJ
~ FOUND GPS IJONVIIENT AS SHOWW ON RU (A)
o S£r J/4• ,r 2,• IRON PIP£. TAGGED LS 8fHO
(8) TRACT HO 2015-0t, SOU1HPOINT£ AT RECENCY PNiK. 800K 81 OF OFF1CIAL R£COROS, PN;ES 20 TO 24, 11.c.R. SIJ' J/4• • 24• IRON PtP£. TAGGED LS 8tUO, IN JIONUMENr ffiL {CJ mtcT NO 2015--01, SOUTHPOINT'£, PH4SC 5, BOOK OF OFF1CW.. RWJROS, PN;fS TO , M.C.lt. l
CURVf: DATA TABLE
CURI'£ DELTA RAl1tUS """"' Cl 44•J5'32• 21.00' 11.M'
C2 <U'35'.J2· 45.00' J.1.D2'
CJ 9nB'J6" '5.00' TJ.,2•
C4 86'J1'24. 45.00' 61.96'
cs 2rsr54• 45.00' 18.04'
C6 2,•JrJB· 45.00' 16.19'
C7 ,f.f"J5'J2" ~.oo· JS.02'
C8 -U'35)2. 21.00' 16.34'
C9 J'28'J6. 526.00' J f.92'
CIO 11'50'11· 526.00' 15J.75'
.

I
8 g
212
6,873 S.F.

HS8'.S'o2"W 107.00'
N8/J'48'02"tr 101.(XJ'
215 6,420 S.F.

N1"11'58"f

14.00'(11/(C)
N88'48'02"W 107.00'(M)(C)
216
- ------
217
- ----- -
LM1E: .I/4/2021 l5:4J FR.£: At:\100025\Sunley ~\l'Hi'5E' 6\SP PH6-DJ.thtg I
_l__ SET J/4• x 24• IRON PIP£. TAGGED LS 8(U(), AT Al1. Rf.AR LOT CORNERS ANO J'llt' O LOr ANGLE POIM'S, UNLESS NOTED AS A WfTNESS CORNER '/5.. SET ~ TAC STAJIPCD I.S 8040 IN CONCR£TC AT 1.00' IIOS1JR£D P!RPlHDICVlAR OR IWWLY FROII RIGHr-<JF-WAY NIGi.I AND ctnM" PO/N1S S£r I/HASS TAG STAMPED lS 8CUO IN CONCRETc AT I.DO FOOT PROJECT10N OF NJ. LOT UN£:s INTO S1R£FT. ~ RlSTRICTED MXESS

76.63'
_.,.·on, .J84.63'(11)(Bxc1 84.00' 64.00' S.f.00'
SUJO' 60.00'
IUII'l1'.58"£

21.2, ·
al 8 8 ~ ~ =i
... 1 256 ... 257 ...
~I 6,481 s.r.
~ 6,000 S.F. ~
l.1 .; ~

66.oor11xc1 .rot'o <0.00· ,xcl""' o
J'MC~
FOUND 8NASS" TAG STAMPED 'tS 8040"' AT I' W.C. PER (C)
I
255 I
I
I
.J'IIC;
254

60.oor11J(c/'WC O 60.00'(lt){C)
253
N88'48'02'W
.. ,.rurMXc/
N88''8'02'W 480.0J'(ll)(C)
_470.0J'/li)(C)/IION n, IION)_

0.P. OFF1CIAL PtATS
(It) U£AS/JRfD ON 1HIS SUfMY
TRACT NO. 2015-01
SOUTHPOINTE, PHASE 6
(R) -. 8flJl1IIG BEING A SUBDIVISION OF LOT 8 SHOWN ON SOIJTHPOINTF: AT ~GcNCY PARK, Sffl F1L£D IN BOOK 81 OF OFFICIAL PLATS, AT PAGES 20 10 24, MERCED COUNTY 5£4RCHfD. FOONO NIJ1H1N(; RE:CORDS. l YING IN sa:nON 12, TOWNSHIP 10 SOUTH, RANG£ 10 &ST. PUE PIIBUC IJT/I.ITY EASEJIENT MOUNT DIABLO BAS£ AND MERIDIAN.

Cl ctm\lE"TA8LCREFERENCC
AtC.R. MERCED COUNTY RECOROS
LE UNDSCAP£ f.ASEMENT
SE SltJ£Wi<IX F.ASEJENT
IIC wrTNESS CORNER
fH.00'

60.00'(IIXcl..., o
J'WC~
251 250
EMOlrt COURT
CfTY OF LOS BANOS, COUNTY OF MERC£D, STATE OF CAJJFORNIA IIARCH 2021
L:i:a
~ --=B='E. =N=C=HM. =~=R='K=Ei=N=G=tNi='EEi='R=tN=G=,='"'='C.=. ,...... 507 J STREIT, LOS BANOS. CAJJFORNIA. 93635 711.0IY/l!)/C) J'WCO
249
BOOKfi
J'WC •
I
I
I
I
248
\
I \
\
I \
I \
\
\ \_ \
\
: ,:,Srl.JNfOF I · SCCTION 12
. I
j I
: I
I I
(
I
I
I.

I
I
I
SHm J OF J
28 RECORDING REQUESTED BY:

CITY OF LOS BANOS
When Recorded Mail Document
and Tax Statement To:

City of Los Banos, a Municipal Corporation
520 J. Street
Los Banos, CA 93635
Escrow Order No.: FFOM-3012101525

SPACE ABOVE THIS LINE FOR RECORDER'S USE
The document is executed or recorded by the state or any county, municipality, or other political subdivision of the state (GC 27388.1 (a) (2) (0)).

APN/Parcel IO(s): 073-220-017

GRANT DEED
The undersigned grantor(s) declare(s)
@ This transfer is exempt from the documentary transfer tax.

The grantee Is the United States or an agency or Instrumentality thereof, a state or territory, or political subdivision thereof, R & T 11922.
□ The documentary transfer tax is $ ____ __ and is computed on:
□ the full value of the interest or property conveyed.

D the full value less the liens or encumbrances remaining thereon at the time of sale.

The property is located in@ the City of Los Banos.

FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Stonefield Home, Inc., a California Corporation
hereby GRANT(S) to
City of Los Banos, a Municipal Corporation
the following described real property in the City of Los Banos, County of Merced, State of California:

The real property conveyed herein and described more particulary on EXHIBIT "A" and delineated on EXHIBIT 'B' attached hereto and made a part hereof, is FEE TITLE for Public Purposes.

PROPERTY COMMONLY KNOWN AS:

Grant Deed
SCA0000129.doc / Updated: 04.08.20
Dedication of a portion of land lying within Assessor's Parcel Number 073-220-017, Los Banos, CA for Ward Road

MAIL TAX STATEMENTS AS DIRECTED ABOVE
Printed: 10.14.21 @03:47 PM
CA-FT-FFOM-01510.082301-FFOM-3012101525
29 APN/Parcel IO(s): 073-220-017
Dated: October 14, 2021

GRANT DEED
(continued)
IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set forth below.

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of (o,, l\-'2cft'\,(~
County of '{V\.Qx" U.. c,{
on'::"roa ire_b '31)D)-")_
re insert name and title of the officer)
personally appeared {!sy: ++-r-~-J.~ ,
who proved to me on the basis satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Grant Deed
SCA0000129.doc I Updated: 04.08.20
REGINA A. ROBLES
Notary Public - California
Merced County ~ Commission# 2345695
My Comm. Expires Feb 8, 2025
Printed: 10.14.21@ 03:47 PM
CA-FT-FFOM-01510.082301-FFOM-30"\2101525
30 EXHIBIT A

WARD ROAD PUBLIC STREET DEDICATION
APN 073-220-017 (PORTION)
All that certain real property for a public street over and across a portion of Lot C as shown on the map of "Tract No. 2015-01, Southpointe At Regency Park", filed in Book 81 of Official Plats, at Pages 20-24, Merced County Records, lying in Section 12, Township 10 South, Range 10 East, and Section 7, Township 10 South, Range 11 East, Mount Diablo Base and Meridian, in the City of Los Banos, County of Merced, State of California, being more particularly described as follows:

BEGINNING at the northwest corner of said Lot C, thence along the north boundary line of said Lot C, South 89°58'01" East 79.31 feet, to the beginning of a non-tangent curve, concave to the southwest, from which a radial line bears South 66°52'59" West, having a radius of 598.00 feet, a central angle of 24°18'59", and a chord bearing and distance of South 10°57'32" East 251.89 feet; thence, along the arc of said curve, 253.79 feet; thence South 1°11'58" West 459.74 feet, to the beginning of a curve, concave to the northeast, having a radius of 180.00 feet, a central angle of 24°40'51", and a chord bearing and distance of South 11 °08'28" East 76.94 feet; thence, along the arc of said curve, 77 .54 feet, to the beginning of a reverse curve, concave to the southwest, from which a radial line bears South 66°31'06" West, having a radius of 215.00 feet, a central angle of 14°26'07", and a chord bearing and distance of South 16°15'50" East 54.03 feet; thence, along the arc of said curve, 54.17 feet, to a point on the northerly right-of-way line of Ward Road as shown on the map of "Tract No. 2015-01, Southpointe, Phase 3", filed in Book 82 of Official Plats, at Pages 44-46, Merced County Records, also being on the westerly boundary line of the aforementioned Lot C; thence, along said northerly right-of-way line and westerly boundary line of said Lot C, North 88°48'02" West 104.66 feet; thence, continuing along the westerly boundary line of said Lot C, North 1°11'58" East 586.44 feet, to the beginning of a curve, concave to the southwest, having a radius of 526.00 feet, a central angle of 27°42'53", and a chord bearing and distance of North 12°39'29" West 251.96 feet; thence, along the arc of said curve, continuing along the westerly boundary line of said Lot C, 254.43 feet, to the point of beginning.

Containing a total of 1.43 acres, more or less.

See Exhibit B attached hereto and made a part hereof.

This description was prepared by me or under my direct supervision. /411!;1;) Michael Halterman, PLS 8040
HAE
J\LTERM
No. 804
31 83-PM-01

REMAINDER
81-0P-20

EXHIBIT B
TRACT NO. 2015-01
SOUTHPOINTE, PHASE 6
84-0P-15 -.-- I I ..._____,,
..___....,,..,.:4-...J7v(T. Jo15J1 ~ ~ I
SOUTHPOINTE, PHASE 5 £MORY COURT \0
84-0P-12 CC)
I I I 177'-r~I I~+ t-~l-1-~
~_.,,.,.,,,..,., ... ,er Jo1sJ, _,__....., ------- ~ I
SOUTHPOINTE, PHASE 4 CRAIG COURT
r4-0Pt ,
~ I
'----'-----'----L.__----L._...L..___J__..J__J 104. 66 1 OVERLAND AVENUE N88°48'02"W
,,,.----,--.-r-----r---,---.----~- I
'----L.,,ancc..-1~0. )01sJ1 _,__.._, -------

SOUTHPOINTE, PHASE J
' r2-0Pr4 '
l-i-++~l-1
DATE: 1/13/2022 14:44 FILE: M:\ 100025\Survey Drawings\WARD ROAD ROW DEO\WARD RD ROW.dwg

WARD ROAD

RIGHT-OF-WAY

1.43± ACRES
LOT C
81-0P-20
~=24°40'57"
R=180.00'
L=77.54'
Ch.Brng=S11°08'28''£
Chord= 76. 94'
S66°3 7 '06 'W(R 1
--------4-.!l..J..
~=14°26'07"
R=215.00'
L=54. 77'
Ch. Brng=S 16° 15 150 "£
Chord=54. 03'
0 BENCHMARK ENGINEERING, INC.

CIVIL ENGINEERING & LAND SURVEYING

WARD AVENUE

PUBLIC STREET EASEMENT
116 tTTH tlT1fEET • ~ CALIFORNIA • tJfi8IJ4
(J!(J(IJ IUIUl3DO FAX;(2(JlJ)64Hif06 LOS BANOS, CAIJFORNIA SCALE ~ 1" = 200'
DRAWN BY: SYD
DAT£: 2022-01-13
SHEET: 1 OF 1
JOB: 100025
32 BOE-502-A (P1) REV. 14 (05-18)

PRELIMINARY CHANGE OF OWNERSHIP REPORT
To be completed by the transferee (buyer) prior to a transfer of subject property, in accordance with section 480.3 of the Revenue and Taxation Code. A Preliminary Change of Ownership Report must be filed with each conveyance in the County Recorder's office for the county where the property is located.

ASSESSOR'S OFFICE
BARBARAJ.LEVEY-ASSESSOR
2222 M STREET MERCED, CA 95340
Phone: (209) 385-7631 Fax: (209) 725-3956
WWW.CO.MERCED.CA.US

NAME AND MAILING ADDRESS
(Make necessary corrections to the printed name and mailing address r
City of Los Banos
520J Street
7 ASSESSOR'S PARCEL NUMBER
073-220-017
SELLER/TRANSFEROR Los Banos, California 93635
Stonefield Homes, Inc., A California Corporation

BUYER'S DAYTIME TELEPHONE NUMBER
( 209 ) 827-7000
L _J BUYER'S EMAIL ADDRESS

STREET ADDRESS OR PHYSICAL LOCATION OF REAL PROPERTY
A ortion of Assessor's Parcel No. 073-220-017
DYES ll] NO This property is intended as my principal residence. If YES, please indicate the date of occupancy or intended occupancy.

D YES [l] NO Are you a disabled veteran or a unmarried surviving spouse of a disabled veteran who was compensated at 100% by the Department of Veterans Affairs?

MAIL PROPERTY TAX INFORMATION TO (NAME)
City of Los Banos

MAIL PROPERTY TAX INFORMATION TO (ADDRESS)
520 J Street
PART 1. TRANSFER INFORMATION
CITY
Los Banos
Please complete all statements.

This section contains possible exclusions from reassessment for certain types of transfers.

YES NO

MO DAY YEAR

STATE ZIP CODE
CA 93635
□ 0
D0
A. This transfer is solely between spouses (addition or removal of a spouse, death of a spouse, divorce settlement, etc.). □
□
□
□
□
□
□
B. This transfer is solely between domestic partners currently registered with the California Secretary of State (addition or removal of a partner, death of a partner, termination settlement, etc.). [Z] * C. This is a transfer: D between parent(s) and child(ren) D from grandparent(s) to grandchild(ren). [Z] * D. This transfer is the result of a cotenant's death. Date of death ___________ _ [{] * E. This transaction is to replace a principal residence owned by a person 55 years of age or older.

Within the same county? 0 YES D NO
0 * F. This transaction is to replace a principal residence b¥-~-,Person who is severely disabled as defined by Revenue and Taxation Code section 69.5. Within the same county? DYES LJ NO
[{] G. This transaction is only a correction of the name(s) of the person(s) holding title to the property (e.g. , a name change upon marriage). If YES, please explain: ___________________________________ _ [{] H. The recorded document creates, terminates, or reconveys a lender's interest in the property.

IZ] I. This transaction is recorded only as a requirement for financing purposes or to create, terminate, or reconvey a security interest (e.g., cosigner). If YES, please explain: _____________________________ _ D [Z] J. The recorded document substitutes a trustee of a trust, mortgage, or other similar document. 0 00
□ 0
0 K. This is a transfer of property:

1. to/from a revocable trust that may be revoked by the transferor and is for the benefit of D the transferor, and/or D the transferor's spouse D registered domestic partner.

2. to/from an irrevocable trust for the benefit of the
D creator/grantor/trustor and/or D grantor's/trustor's spouse D grantor's/truster's registered domestic partner.

L. This property is subject to a lease with a remaining lease term of 35 years or more including written options.

M. This is a transfer between parties in which proportional interests of the transferor(s) and transferee(s) in each and every parcel being transferred remain exactly the same after the transfer. 0 0 N. This is a transfer subject to subsidized low-income housing requirements with governmentally imposed restrictions, or restrictions imposed by specified nonprofit corporations.
0 [Z] * 0 . This transfer is to the first purchaser of a new building containing an active solar energy system. 0 [{] P. Other. This transfer is to _________________________ _ * Please refer to the instructions for Part 1.

Please provide any other information that will help the Assessor understand the nature of the transfer.

THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION
33 BOE-502-A (P2) REV. 14 (05-18)
PART 2. OTHER TRANSFER INFORMATION Check and complete as applicable.

A Date of transfer, if other than recording date: ______ _ B. Type of transfer:

D Purchase D Foreclosure D Gift D Trade or exchange D Merger, stock, or partnership acquisition (Fonn BOE-100-8) D Contract of sale. Date of contract: _ _____ _ D Inheritance. Date of death: ------- D Sale/leaseback D Creation of a lease D Assignment of a lease D Termination of a lease. Date lease began:
------- r71 Original term in years (including written options): __ Remaining term in years (including written options):
l!'....J Other. Please explain: Deed from Stonefield Homes. A California Corporation. to the City of Los Banos -- C. Only a partial interest in the property was transferred. DYES D NO If YES, indicate the percentage transferred: % PART 3. PURCHASE PRICE AND TERMS OF SALE Check and complete as applicable.

A Total purchase price IL.:$::::::: -0:::.0:::::0:::::-===::J B. Cash down payment or value of trade or exchange excluding closing costs Amount $ _____ _ C. First deed of trust @ ___ % interest for ___ years. Monthly payment $ Amount $ _____ _ D FHA l_Discount Points) D Cal-Vet D VA l_Discount Points) D Fixed rate D Variable rate D Bank/Savings & Loan/Credit Union D Loan carried by seller D Balloon payment$______ Due date: _____ _
D. Second deed of trust@ ___ % interest for ___ years. Monthly payment$ _____ _ Amount$ _____ _ D Fixed rate D Variable rate D Bank/Savings & Loan/Credit Union D Loan carried by seller D Balloon payment$______ Due date: _____ _
E. Was an Improvement Bond or other public financing assumed by the buyer? DYES ONO Outstanding balance $ _____ _ F. Amount, if any, of real estate commission fees paid by the buyer which are not included in the purchase price $ _____ _ G. The property was purchased: 0Through real estate broker. Broker name: _________ Phone number: .._( __ ).__ ___ _ D Direct from seller D From a family member-Relationship ________ _ [Z] Other. Please explain: Public Street Easement Dedication H. Please explain any special terms, seller concessions, broker/agent fees waived, financing, and any other information (e.g., buyer assumed the existing loan balance) that would assist the Assessor in the valuation of your property.

PART 4. PROPERTY INFORMATION
A Type of property transferred
Check and complete as applicable.

D Single-family residence
D Multiple-family residence. Number of units: __
D Other. Description: (i.e., timber, mineral, water rights, etc.) D Co-op/Own-your-own
D Condominium
D llmeshare
D Manufactured home
0 Unimproved lot
0 Commercial/Industrial
B. DYES D NO Personal/business property, or incentives, provided by seller to buyer are included in the purchase price. Examples of personal property are furniture, fann equipment, machinery, etc. Examples of incentives are club memberships, etc. Attach list if available.

If YES, enter the value of the personal/business property: $ _______ Incentives $ ______ _ C. DYES ONO A manufactured home is included in the purchase price.

If YES, enter the value attributed to the manufactured home: $ _______ _ DYES ONO The manufactured home is subject to local property tax. If NO, enter decal number:

D. DYES D NO The property produces rental or other income.

If YES, the income is from: D Lease/rent D Contract D Mineral rights D Other: _____________ _ E. The condition of the property at the time of sale was: 0Good Average 0Fair 0Poor Please describe:

CERTIFICATION
I certify (or declare) that the foregoing and all information hereon, including any accompanying statements or documents, is true and correct to the best of my knowledge and belief.

SIGNATURE OF BUYERfrRANSFEREE OR CORPORATE OFFICER DATE TELEPHONE ► ( 209) 827-7000 NAME OF BUYERfrRANSFEREE/PERSONAL REPRESENTATIVE/CORPORATE OFFICER (PLEASE PRINT) TITLE EMAIL ADDRESS Josh Pinheiro on behalf of the City of Los Banos City Manager josh.pinheiro@losban05,~ The Assessor's office may contact you for additional infonnation regarding this transaction. 34 I
MEfiCEDJ4'-:

C OUNTY
Matt H. May

COUNTY OF MERCED

ASSESSOR-CLERK-RECORDER

DOCUMENTARY TRANSFER TAX AFFIDAVIT

WARNING

RECORDER
2222 "M" Street
Merced, CA 95340
(209) 385-7627
(209) 385-7626Fax
www.co.merced.ca.us

ANY PERSON WHO MAKES ANY MATERIAL MISREPRESENTATION OF FACT FOR THE PURPOSE OF AVOIDING ALL OR ANY PART OF THE DOCUMENTARY TRANSFER TAX IS GUILTY OF A MISDEMEANOR UNDER SECTION 5.20 OF ORDINANCE 1929 OF THE COUNTY OF MERCED AND IS SUBJECT TO PROSECUTION FOR SUCH OFFENSE.

ASSESSOR'S PARCEL NO. 073 - 220 --_Q!Z_
Property Address: A portion of APN 073-220-017
I declare that the documentary transfer tax for this
transaction is: $ -0.00-
- - - - --- - If this transaction is exempt from Documentary Transfer Tax, the reason must be identified below.

I CLAIM THAT THIS TRANSACTION IS EXEMPT FROM DOCUMENTARY TRANSFER TAX BECAUSE: (The Sections listed below are taken from the Revenue and Taxation Code). Please check one or explain in "Other".

1. Section 11911 The consideration or value of the property, exclusive of any liens and encumbrances is $100.00 or less and there is no additional consideration received by the grantor.

2. Section 11921 The conveyance was given to secure a debt, provided the proportional ownership will revert back to the original holding within one month of recording

3. ✓ Section 11922 The conveyance is to a governmental entity or political subdivision.

4. Section 11923 Conveyance under bankruptcy Federal Case No. - - - - - - - -

5. Section 11924 Transfer by order of the Securities and Exchange Commission Case No. _ _ _ _ _ _ _ _

6. __ Section 11925 The transfer is between individuals and a legal entity or partnership, or between legal entities and does not change the proportional inte.!9SS held.

IS THIS A TRANSFER BETWEEN LEGAL ENTITIES? ~ Yes O NO

IF YES, TRANSFERS INVOL YING LEGAL ENTITIES MUST PROVIDE, DOCUMENTATION AT THE TIME OF RECORDING. SOME EXAMPLES ARE LISTED BELOW.

Entity ownership documentation is required if you are a: c=> Corporation -A copy of the Articles of Incorporation amendments and any other documents showing the shares issued and share ownership; or
c=> LLC-A copy of the Operating Agreement, amendments, and any other documentation showing the partners and ownership/percentage; or
c=> Partnership- A copy of the Partnership Agreement, Amendments and any other documents showing the partners and ownership percentage.

For Recorder's Use:

MCR 11911 (Rev. 12/20)
35 7. Section 11926 The conveyance is to a grantee who is the foreclosing beneficiary and the consideration paid by the foreclosing beneficiary does not exceed the unpaid debt.

8. Section 11927 The conveyance relates to a dissolution of marriage or legal separation. (A spouse must sign a written recital in order to claim this exemption. This form may be used for that purpose.)

9. Section 11930 The conveyance is an inter vivas gift* or a transfer by death. *Please be aware that information stated on this document may be given to and used by governmental agencies, including the Internal Revenue Service. Additionally, certain gifts in excess of the annual Federal gift tax exemption may trigger a Federal Gift Tax. In such cases, the Transferor (donor/grantor) may be required to ftle Form709 (Federal Gift Tax Return) with the Internal Revenue Service.

10. __ The easement is not perpetual, permanent, or for life.

11. __ The document is a lease for a term of less than (35) years (including written options.)

12. __ Other (Include explanation and legal authority) _ _ _ _ _ _ _ _ _ _ ___ ___ ____ _ I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.

Executed this _ ___ day of _ _ A~p_r_il~ . ____ , 20 22 at Los Banos, CA Signature of Affiant/ Authorized Representative
City of Los Banos
Name ofFirm (if applicable)
City, State
Josh Pinheiro, City Manager
Printed Name of Affiant/ Authorized Representative
520 J Street, Los Banos, CA 93635
Address of Affiant (including City, State, and Zip Code) (209) 827-7000
Telephone Number of Affiant (including area code)
This form is subject to the California Public Records Act (Government Code 6250 et. seq.) 36 LOsBanos
Al tlu· Crossroads oJ C,dif onlia
Agenda Staff Report
TO: Mayor & City Council Members
FROM:

DATE:

Soknirom Than, P .E., Public Works Director/City Enginee~ Th-- April 20, 2022
TYPE OF REPORT: Consent Item
SUBJECT: Acceptance of Grant Deed and Easement Deed Dedication from Century Communities of California, LLC, on a portion of San Luis Street to the City of Los Banos for Assessor Parcel Number 428-370-011 thru 428-370-019.

Recommendation:

That the City Council of the City of Los Banos adopts the Resolution accepting a Grant Deed and Easement Deed on a portion of San Luis Street to the City of Los Banos. The land involved is more specifically, a portion of Assessor Parcel No. 428-370-011thru 428- 370-019. The attached resolution authorizes the City Manager to execute all required documents for this dedication.

Background:

The Tentative Tract Map No. 2017-03 was approved by the City of Los Banos Planning Commission on November 14, 2018 by Resolution No. 2018-32. In October of 2020, Public Works staff was contacted by the developer, Stonefield Home, Inc., a California Corporation, for Final Map approvals for Sunrise Ranch. The final maps for these phases were approved by the City Council of Los Banos on April 21, 2021. In February 2022 the Developer submitted an application on behalf of the property owner, Century Communities of California, LLC, a Delaware Limited Liability Company, with the Public Works Department for Grant Deed dedication for right of way purposes together with an Easement Deed for the landscape area along the frontage of San Luis Street. The land involved is more specifically, a 3,520+ square foot portion of Assessor Parcel No. 428-370- 011 thru 428-370-019. The proposed dedication was reviewed and approved by the City's Consulting Professional Land Surveyor.
37 Discussion:

This dedication is for the landscape strip on the north side of San Luis Street from approximately the intersection of Place Road to 41 .44' east of lot 20; more specifically a portion of Assessor Parcel Numbers 428-370-011 thru 428-370-019. The improvement within this area has been completed.

Fiscal Impact:

The acceptance of the Grant Deed and Easement Deed will pose no additional fiscal impact to the City of os Banos. I
Reviewed by:

Attachments:

Resolution
Grant Deed (Copy)
Legal Description - Exhibit A
Location Map - Exhibit 8
Easement Deed (Copy)
Legal Description - Exhibit A
Location Map - Exhibit 8
Preliminary Change of Ownership Report
Transfer Tax Affidavit
38 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS ACCEPTING A GRANT

DEED AND EASEMENT DEED DEDICATION

FROM CENTURY COMMUNITIES OF

CALIFORNIA, LLC, A DELAWARE LIMITED

LIABILITY COMPANY, TO THE CITY OF LOS

BANOS FOR A PORTION OF ASSESSOR
PARCEL NUMBER 428-370-011 THRU 428-370-
019
WHEREAS, the property owner, Century Communities of California, LLC requests that the City of Los Banos accepts a Grant Deed for a 4' strip of land for right of way purposes together with an Easement Deed for a 2' of land at the frontage of San Luis Street, more specifically identified as APN 428-370-011 thru 428-370-019; and WHEREAS, an 3,520.± square foot area is being offered for dedication for right of way purposes and a landscape easement to the City of Los Banos as described more particularly on Exhibit A and delineated on Exhibit B; and WHEREAS, the City's Consulting Professional Land Surveyor has reviewed and approved the 3,520.± square foot area that is being irrevocably offered for dedication for right of way purposes and a landscape easement presented as shown on Exhibit B; and WHEREAS, the Public Works Director/City Engineer concurs with the City's Consulting Professional Land Surveyor and said dedications have been submitted to the City Council of the City of Los Banos for approval; and NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept the Grant Deed for a 4' strip of land for right of way purposes together with an Easement Deed for a 2' landscape easement at the frontage of San Luis Street, more specifically identified as APN 428-370-011 thru 428-370-019 and authorizes the City Manager to execute all required documents for the acceptance of this dedication.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 20th day of April, 2022, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member _ __ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT: APPROVED:
39 Manuel Thomas Faria Ill, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
40 RECORDING REQUESTED BY:

Fidelity National Title Company
When Recorded Mail Document
and Tax Statement To:

City of Los Banos, a Municipal Corporation
520 J Street
Los Banos. CA · 93635
Escrow Order No.: FFOM-3012200085
APN/Parcel ID(s): portion of 428-370-011 thru
428-370-019
SPACE ABOVE ll-11S LINE FOR RECORDER'S USE
The document is eKecuted or recorded by the state or any county, municipality, or other political subdivision of the state (GC 27388.1 (a) (2) (0)).

GRANT DEED
The undersigned grantor(s) declare(s)
liZI This transfer is exempt from the documentary transfer tax.

The grantee is the United States or an agency or Instrumentality thereof, a state or territory, or political subdivision thereof, R & T 11922.
□ The documentary transfer tax is$ ____ .,....,.._ and Is computed on:
□ lhe full value of the interest or property conveyed.
□ the fun value less the liens or encumbrances remaining thereon at the time of sale.

The property is located in ~ the City of Loa Banos.

FOR A VALUABLE CONSIDERATION, receipt of whh:h la hereby acknowledged, Century Communities of California, LLC, a Delaware Limited Uabillty Company hereby GRANT(S) to
City of Los Banos, a Municipal Corporation
the following described real property In the City of Los Banos, County of Merced, State of California:

An Irrevocable Offer of Dedication for Public Purposes, IN FEE, of a four-foot-wide strip of land described more particularly on EXHIBIT A and delineated on EXHIBIT B attached hereto made a part hereof.

GrentDeed
SCA0000129,doc I Updated: 04.08.20

MAIL TAX STATEMENTS AS DIRECTED ABOVE
Printed: 03.08.22@ 06:39 PM
CA.fT-FFOM-01510.082301-FFOM-3012200085
41 Dated:

GRANT DEED
(continued)
IN WITNESS WHEREOF, the undersigned have executed this document on the date set forth below.

A notary public or other officer completing this certlffcate verifies only the identity of the Individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document.

State of ___________ _
County of __________ _
On ____________ before me, ---::-"'--:---:---~"::'.":'"--:::-:-:----:~~_._-• otary Public, (here Ins ame and title
personally appeared W. ALLEN BENNETT ____ .....,,......f4.JI,.,£....-=--...,...=------,--,--------·• who proved to me on the basis of satisfactoiy evid.ence me(s) ls/are subscribed to the within Instrument and acknowledged to me that s his/her/their authorized capacityfies), and that by his/her/their slgnature(s) on the inst n e e entity upon behalf of which the person(s) acted, executed the instrument d_
I certify under PENAL TY OF PER~~er aws of the State of Cslfomia that lhe foregoing paragraph is true and correct. /
Signature
GlanlDeed
SCA0000129.doc I Updated: OUIB.20
Prtnled: 03.08.22 @ 05:39 PM
CM=T-FFOM-01510.082301•FF0M-3012200085
42 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accura , or valldi of that document.

State of California
County of Fresno
On March 10, 2022 before me, Patricia L. Gavello, Notary Public, personally appeared W. Allen Bennett, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public
43 THIS PAGE IS INTENTIONALLY LEFT BLANK
44 EXHIBIT A

RIGHT-OF-WAY DEDICATION

LEGAL DESCRIPTION
All that certain real property situate, lying, and being portions of Lots 12 through 20, inclusive, as shown on the map of Tract No. 2017-03, Sunrise Ranch Phase 4, filed in Book 84 of Official Plats, Pages 5-8, Merced County Records, lying in the east half of Section 13, Township 10 South, Range 10 East, Mount Diablo Base and Meridian, in the City of Los Banos, County of Merced, State of California, being more particularly described as follows:

The south 4.00 feet of Lots 12 through 19, inclusive, and the south 4.00 feet of the west 41.44 feet of Lot 20, as said Lots are shown on said map of Sunrises Ranch Phase 4.

Containing a total of 2,343 square feet, more or less.

See Exhibit B attached hereto and made a part hereof.

Th~•~ by me or under my direct supervision.

Michael Halterman, PLS 8040
J 8~+-t 207-7._
45 I \___ __ 5LJNRISE RANCH--------------
11 L__ PHASE 4
84-0P-05 - - EDWARD STREET -
SCALE ~ 1" - 80'
I
I tJ
DATE: 3/18/2022 9:18 FILE: M:\209245\Survey Drawmqs\SAN WIS ROW\S-W LUIS ROW.dwg "
BENCHMARK ENGINEERING, INC.

CIVR. ENGINEERING I LAND SURVEYING .,,,m,tn'REET'. ~ CVAQWM • - (IJIIIIMH«III FAX:411!1»J .....
14 15 16 17 18 19

4.00' PUBLIC RIGHT-OF-WAY

SAN LUIS STREET
RIGHT-oF-WAY DEDICA710N
SUNRISE RANCH- PHASE 4
LOS BM.Qt C4lJR1i'WlA
20 21

41.44' IEXHIBIT B
DRAWN BY: SYD
DATE: 2022-01-28
SHEET: 1 OF 1
JOB: 209245
46 RECORDING REQUESTED BY:

Fidelity National TIUe Company
When Recorded Mall Document
and Tax Statement To:

City of Los Banos, a Municipal Corporation
520J Street
Los Banos, CA 93635
Escrow Order No.: FFOM-3012200085

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Thi, document Is executed or recorded by the state or any co1.mty, munldpallty, or other poUtical subdivision of the state {GC 27388.1 (a) (2) (D)~ APN/Parcel ID(s): portion of 428-370-011 thru
428-370-019
The undersign~ grantor(s) declare(&)

EASEMENT DEED
@ This transfer is exempt from the documentary transfer tax.

The grantee is the United States or an agency or instrumentality thereof, a state or territory, or political subdivision thereof, R & T 11922.
□ The documentary transfer tax is$ 0.00 and is computed on:
□ the full value of the interest or property conveyed.
□ the full value less the liens or encumbrances remaining thereon et the time of sale.

The property is located in [iI the City of Los Banos.

FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, Century Communities of California, LLC, a Delaware Limited Liability Company hereby GRANT(S) to
City of Los Banos, a Municipal Corporation
the followlng described real property ln the City of Los Banos, County of Merced, State of Califomia:

An Easement for Landscape and incidental purposes, of a two-foot-wide strip of land described more particularly on EXHIBIT A and delineated on EXHIBIT B attached hereto and made a part hereof.

Gl'linlOeed
SCA0000129.doc I Updated; 04.08.20

MAIL TAX STATEMENTS AS DIRECTED ABOVE
Printed: 01.24.22@ 12:41 PM
CA•FT-FFOM-01510.082301-FF~012200085
47 EASEMENT DEED
(continued)
Dated: __ /t_~_~_M __ ✓- --=-- r;t'l)._b1_~--
IN WITNESS WHEREOF. the undersigned have executed this document on the date set forth below.

Century Communities of 9'ilifomla, LLC, a Delaware Limited Liability Company BY: ~ ~ - --- W. Allennnett,Vice President
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document.

State of ___________ _
County of __________ _
personally appeared W. ALLEN BENNETT_· _________________________ __, who proved to me on the basis of satisfact ~ui• l'-•A to the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me th .. ,..~,~',::"'btllru executed lhe same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) o")he 1... t the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. ~
I certify under PENAL TY OF PL .fl. nder the laws of the State of Csllfornla that the foregoing paragraph is true and correct. /./
Signature
Grant Deed
SCA0000128.doc: I Updaled: 04.08.20
Printed: 01.24.22@ 12:41 PM
CA-FT•FF<>M-01510.082301-FFOM-3012200085
48 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accurac , or validil of that document.

State of California
County of Fresno
On March 10, 2022 before me, Patricia L. Gavello, Notary Public, personally appeared W. Allen Bennett, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the Instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct.
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Novernbar21, 2025
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WITNESS my hand and official seal.
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Signature of Notary Public
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49 THIS PAGE IS INTENTIONALLY LEFT BLANK
50 EXHIBIT A

LANDSCAPE EASEMENT

LEGAL DESCRIPTION
An easement for landscape and incidental purposes over and across portions of Lots 12 through 20, inclusive, as shown on the map of Tract No. 2017-03, Sunrise Ranch Phase 4, filed in Book 84 of Official Plats, Pages 5-8, Merced County Records, lying in the east half of Section 13, Township 10 South, Range 10 East, Mount Diablo Base and Meridian, in the City of Los Banos, County of Merced, State of California, being more particularly described as follows:

The north 2.00 feet of the south 6.00 feet of Lots 12 through 19, inclusive, and the north 2.00 feet of the south 6.00 feet of the west 41.44 feet of Lot 20, as said Lots are shown on said map of Sunrises Ranch Phase 4.

Containing a total of 1,177 square feet, more or less.

See Exhibit B attached hereto and made a part hereof.

This description was prepared by me or under my direct supervision.

Nil)~:;:: Mie?ael Halterman, PLS 8040
51 I \___ __ SLJNRISE RANCH--------------
11 L_ PHAS£4
84-0P-05 - EDWARD STREET -
c::::i
~ 0:::
~ /
~
I
SCALE ~ 1" = 80'
/
/
12 I
I
DATE: 3/18/2022 9:18 AL£: M:\209245\SulWy Drawings\SAN WIS ROW\S4N WIS ROW.dwg "
BENCHMARK ENGINEERING, INC.

CIVIL ENGINEERING & LAND SURVEYING
M61TIHtmlEET. MODEl11Q ~ • -
,.,..... ~----
1s I 16 I 11 I

2.00' LANDSCAPE EASEMENT

4.00' PUBLIC RIGHT- OF-WAY

DEDICATION BY SEPARATE

DOCUMENT
18 SAN LUIS STREET

LANDSCAPE EASEMENT DEDICATION
SUNRISE RANCH-PHASE 4
LOS~ C4l..R>RNM
20 21

41.44'

EXHIBIT B
DRAWN BY: SYD
DATE: 2022-01-19
SHEET: 1 OF 1
JOB: 209245
52 BOE-502-A (P1) REV. 14 (05-18)

PRELIMINARY CHANGE OF OWNERSHIP REPORT ASSESSOR'S OFFICE BARBARAJ.LEVEY-ASSESSOR To be completed by the transferee (buyer) prior to a transfer of subject property, in accordance with section 480.3 of the Revenue and Taxation Code. A Preliminary Change of Ownership Report must be filed with each conveyance in the County Recorder's office for the county where the property is located.
2222 M STREET MERCED, CA 95340
Phone: (209) 385-7631 Fax: (209) 725-3956
WWW.CO.MERCED.CA.US

NAME AND MAILING ADDRESS
(Make necessary corrections to the printed name and mailing address r 7 ASSESSOR'S PARCEL NUMBER
428-370-011 thru 428-370-019 SELLER/TRANSFEROR
Century Communities of California, LLC BUYER'S DAYTIME TELEPHONE NUMBER ( 209 ) 827-7000
L .J BUYER'S EMAILADDRESS

STREET ADDRESS OR PHYSICAL LOCATION OF REAL PROPERTY
Fronta e of San Luis Street
DYES ~ NO This property is intended as my principal residence. If YES, please indicate the date of occupancy or intended occupancy.

MO DAY YEAR
D YES ~ NO Are you a disabled veteran or a unmarried surviving spouse of a disabled veteran who was compensated at 100% by the Department of Veterans Affairs?

MAIL PROPERTY TAX INFORMATION TO (NAME)
City of Los Banos

MAIL PROPERTY TAX INFORMATION TO (ADDRESS)
520 J Street
CITY
Los Banos

STATE ZIP CODE
CA 93635
PART 1. TRANSFER INFORMATION Please complete all statements.

This section contains possible exclusions from reassessment for certain types of transfers.

YES NO
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
0 A. This transfer is solely between spouses (addition or removal of a spouse, death of a spouse, divorce settlement, etc.). (a B. This transfer is solely between domestic partners currently registered with the California Secretary of State (addition or removal of a partner, death of a partner, termination settlement, etc.). (a* C. This is a transfer: D between parent(s) and child(ren) D from grandparent(s) to grandchild(ren). ~ * D. This transfer is the result of a cotenant's death. Date of death ___________ _ 0 * E. This transaction is to replace a principal residence owned by a person 55 years of age or older.

Within the same county? DYES D NO
(a* F. This transaction is to replace a principal residence b¥~.person who is severely disabled as defined by Revenue and Taxation Code section 69.5. Within the same county? D YES LJ NO
~ G. This transaction is only a correction of the name(s) of the person(s) holding title to the property (e.g., a name change upon marriage). If YES, please explain: ____________________________ _______ _ H. The recorded document creates, terminates, or reconveys a lender's interest in the property.

I. This transaction is recorded only as a requirement for financing purposes or to create, terminate, or reconvey a security interest (e.g., cosigner). If YES, please explain:

J. The recorded document substitutes a trustee of a trust, mortgage, or other similar document.

K. This is a transfer of property:
1 . to/from a revocable trust that may be revoked by the transferor and is for the benefit of D the transferor, and/or D the transferor's spouse O registered domestic partner.

2. to/from an irrevocable trust for the benefit of the
D creator/grantor/trustor and/or D grantor's/truster's spouse D grantor's/trustor's registered domestic partner. (a L. This property is subject to a lease with a remaining lease term of 35 years or more including written options. ~ M. This is a transfer between parties in which proportional interests of the transferor(s) and transferee(s) in each and every parcel being transferred remain exactly the same after the transfer. ~ N. This is a transfer subject to subsidized low-income housing requirements with governmentally imposed restrictions, or restrictions imposed by specified nonprofit corporations.
0 * 0. This transfer is to the first purchaser of a new building containing an active solar energy system. ~ P. Other. This transfer is to __________________________ _ * Please refer to the instructions for Part 1.

Please provide any other Information that will help the Assessor understand the nature of the transfer.

THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION
53 BOE-502-A (P2) REV. 14 (05-18)
PART 2. OTHER TRANSFER INFORMATION Check and complete as applicable.

A. Date of transfer, if other than recording date: ______ _ B. Type of transfer:

D Purchase D Foreclosure D Gift D Trade or exchange D Merger, stock, or partnership acquisition (Form BOE-100-B) D Contract of sale. Date of contract: ______ _ D Inheritance. Date of death: ------- D Sale/leaseback O Creation of a lease D Assignment of a lease O Termination of a lease. Date lease began: ______ _ Original term in years (including written options):__ Remaining term in years (including written options):
~ Other. Please explain: Grant Deed Easement Deed from Century Communities of California. LLC to City of Los Banos C. Only a partial interest in the property was transferred. DYES ~ NO PART 3. PURCHASE PRICE AND TERMS OF SALE
A. Total purchase price
If YES, indicate the percentage transferred: %
Check and complete as applicable.
1$ 0.00
B. Cash down payment or value of trade or exchange excluding closing costs Amount$ ______ _ C. First deed of trust @ ___ % interest for ___ years. Monthly payment$______ Amount$ ______ _ D FHA L_Discount Points) 0 Cal-Vet D VA (_Discount Points) 0 Fixed rate O Variable rate D Bank/Savings & Loan/Credit Union D Loan carried by seller D Balloon payment$______ Due date: _____ _
D. Second deed of trust@ ___ % interest for ___ years. Monthly payment$______ Amount$ ______ _ D Fixed rate D Variable rate D Bank/Savings & Loan/Credit Union O Loan carried by seller D Balloon payment$______ Due date: _ ____ _
E. Was an Improvement Bond or other public financing assumed by the buyer? DYES D NO Outstanding balance $ ______ _ F. Amount, if any, of real estate commission fees paid by the buyer which are not included in the purchase price $ ______ _ G. The property was purchased: 0Through real estate broker. Broker name: ______ ___ Phone number: .a..<-~).__ ___ _ D Direct from seller D From a family member-Relationship ________ _ D Other. Please explain:--------------------------------------- H. Please explain any special terms; seller concessions, broker/agent fees waived, financing, and any other information (e.g., buyer assumed the existing loan balance) that would assist the Assessor in the valuation of your property.

PART 4. PROPERTY INFORMATION Check and complete as applicable.

A. Type of property transferred
D Single-family residence
0 Multiple-family residence. Number of units: __
~ Other. Description: (i.e., timber, mineral, water rights, etc.) Road Right of Way and Landscape Easement
D Co-op/Own-your-own
D Condominium
D Timeshare
D Manufactured home
D Unimproved lot
D Commercial/Industrial
B. DYES D NO Personal/business property, or incentives, provided by seller to buyer are included in the purchase price. Examples of personal property are furniture, farm equipment, machinery, etc. Examples of incentives are club memberships, etc. Attach list if available.

If YES, enter the value of the personal/business property: $________ Incentives $ ______ _ C. DYES D NO A manufactured home is included in the purchase price.

If YES, enter the value attributed to the manufactured home: $ _______ _ DYES ONO The manufactured home is subject to local property tax. If NO, enter decal number:

D. DYES D NO The property produces rental or other income.

If YES, the income is from: D Lease/rent D Contract D Mineral rights D Other: _____________ _ E. The condition of the property at the time of sale was: 0Good Please describe:

Average

CERTIFICATION
0Poor
I certify (or declare) that the foregoing and all information hereon, including any accompanying statements or documents, is true and correct to the best of my knowledge and belief.

SIGNATURE OF BUYER/TRANSFEREE OR CORPORATE OFFICER DATE TELEPHONE ► ( 209) 827-7000 NAME OF BUYER/TRANSFEREE/PERSONAL REPRESENTATIVE/CORPORATE OFFICER (PLEASE PRINT) TITLE EMAIL ADDRESS Josh Pinheiro City Manager josh.pinheiro@losbano
The Assessor's office may contact you for additional information regarding this transaction. 54 MEfiCE~
COUNTY
BARBARA J. LEVEY

COUNTY OF MERCED

ASSESSOR-CLERK-RECORDER

DOCUMENTARY TRANSFER TAX AFFIDAVIT

WARNING

RECORDER
2222 "M" Street
Merced, CA 95340
(209) 385-7627
(209) 385-7626Fax
www.co.merced.ca.us

ANY PERSON WHO MAKES ANY MATERIAL MISREPRESENTATION OF FACT FOR THE PURPOSE OF AVOIDING ALL OR ANY PART OF THE DOCUMENTARY TRANSFER TAX IS GUILTY OF A MISDEMEANOR UNDER SECTION 5.20 OF ORDINANCE 1929 OF THE COUNTY OF MERCED AND IS SUBJECT TO PROSECUTION FOR SUCH OFFENSE.

ASSESSOR'S PARCEL N0~28"
370•
011 th
ru
428•37o-019 I declare that the documentary transfer tax for this Property Address: __________ _ transaction is: $ 0.00 - ------- If this transaction is exempt from Documentary Transfer Tax, the reason must be identified below.

I CLAIM THAT THIS TRANSACTION IS EXEMPT FROM DOCUMENTARY TRANSFER TAX BECAUSE: (The Sections listed below are taken from the Revenue and Taxation Code). Please check one or explain in "Other".

1. Section 11911 The consideration or value of the property, exclusive of any liens and encumbrances is $100.00 or less and there is no additional consideration received by the grantor.

2. Section 11921 The conveyance was given to secure a debt, provided the proportional ownership will revert back to the original holding within one month of recording

3. X Section 11922 The conveyance is to a governmental entity or political subdivision.

4. Section 11923 Conveyance under bankruptcy Federal Case No. - -------

5. Section 11924 Transfer by order of the Securities and Exchange Commission Case No. - -------

6. Section 11925 The transfer is between individuals and a legal entity or partnership, or between legal entities and does not change the proportional interests held.

IS THIS A TRANSFER BETWEEN LEGAL ENTITIES? 0 Yes O NO

IF YES, TRANSFERS INVOL YING LEGAL ENTITIES MUST PROVIDE, DOCUMENTATION AT THE TIME OF RECORDING. SOME EXAMPLES ARE LISTED BELOW.

Entity ownership documentation is required if you are a:
c=:) Corporation-A copy of the Articles oflncorporation amendments and any other documents showing the shares issued and share ownership; or
c=:) LLC-A copy of the Operating Agreement, amendments, and any other documentation showing the partners and ownership/percentage; or
c=:) Partnership- A copy of the Partnership Agreement, Amendments and any other documents showing the partners and ownership percentage.

For Recorder's Use:

MCR 11911 (Rev. 04/17)
55 7. Section 11926 The conveyance is to a grantee who is the foreclosing beneficiary and the consideration paid by the foreclosing beneficiary does not exceed the unpaid debt.

8. Section 11927 The conveyance relates to a dissolution of marriage or legal separation. (A spouse must sign a written recital in order to claim this exemption. This form may be used for that purpose.)

9. Section 11930 The conveyance is an inter vivas gift* or a transfer by death. *Please be aware that information stated on this document may be given to and used by governmental agencies, including the Internal Revenue Service. Additionally, certain gifts in excess of the annual Federal gift tax exemption may trigger a Federal Gift Tax. In such cases, the Transferor (donor/grantor) may be required to file Form709 (Federal Gift Tax Return) with the Internal Revenue Service.

10. __ The easement is not perpetual, permanent, or for life. 1 l. __ The document is a lease for a term ofless than (35) years (including written options.)

12. __ Other (Include explanation and legal authority) _________________ ___ _ I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.

Executed this _ ___ day of __________ , 20 22 at Los Banos, CA Signature of Affiant/ Authorized Representative
City of Los Banos
Name ofFirm (if applicable)
City, State
Josh Pinheiro, City Manager
Printed Name of Affiant/ Authorized Representative
520 J Street, Los Banos, CA 93635
Address of Affiant (including City, State, and Zip Code) (209} 827-7000
Telephone Number of Affiant (including area code)
This form is subject to the California Public Records Act (Government Code 6250 et. seq.) 56 LOsBanos
At th<' Crossrouds of Calijornia
Agenda Staff Report
TO: Mayor & City Council Members
FROM:

DATE:

Soknirom Than, P.E., Public Works Director/City Enginee'.5------rLApril 20, 2022 TYPE OF REPORT: Consent Item
SUBJECT: Accepting Public Improvements for Southpointe at Regency Park, Phase 4 Recommendation:

That the City Council adopts the Resolution accepting Public Improvements for Southpointe at Regency Park, Phase 4.

Background:

The Tentative Tract Map No. 2015-01 was approved by the City of Los Banos Planning Commission on May 11, 2016 by Resolution No. 2016-13. In November of 2018, the Public Works staff was contacted by the develope~ , Stonefield Home, Inc., a California Corporation, for Final Map approval. The City Council adopted the Resolution No. 6351 approving the Final Map for Southpointe at Regency Park, Phase 4 with accompanying Subdivision Improvement Agreement on April 21, 2021. In January 2020, the developer contacted Public Works for the approval of Improvement Plans for Southpointe at Regency Park, Phases 4, 5 and 6. The Improvement Plans were reviewed and approved by the City's Consulting Professional Engineering Firm as well as the Los Banos City Engineer. During construction and upon completion,the site was inspected and deemed substantially complete by the City. The Landscape Plans were submitted to the Public Works Department for Southpointe at Regency Park, Phases 4, 5 and 6 for review and were approved in July 2021. In April 2022, the developer contacted the Public Works Staff to request acceptance of Public Improvements for Southpointe at Regency Park, Phase 4. 57 Discussion:

The subject is generally located within the area bounded by Northpointe at Regency Park Subdivision to the north, Verona Subdivision to 'the south, Place Road to the east and future Ward Road to the west, more specifically identified as APN. 424-120-019.The applicant is Stonefield Home, Inc., a California Corporation. The map consists 20 single family lots on 3.83± acres. This Final Map is in substantial compliance with Tentative Subdivision Map No. 2015-01 and public Improvements were subject to all Subdivision Improvement Agreement Conditions. A Landscape and Lighting District Letter of Inclusion was executed for the parcel.

Fiscal Impact:

All public improvements for Southpointe at Regency, Phase 4 have been completed by the Developer. A Maintenance Bond in the amount of $68,323.37 shall remain on file with the City of Los Banos for a minimum of one year after the acceptance of public improvements. All other required processing, development, plan check and inspection fees to date have een paid.

Attachments:

Resolution
Site Map
Recorded Final Map
Recorded Subdivision Improvement Agreement
Exhibit A Original Engineers Estimate
Exhibit B Conditions of Approval
Resolution No. 6351
(
C}lyv~ ~
Sonya Willis,Finance Director
58 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS ACCEPTING PUBLIC

IMPROVEMENTS FOR SOUTHPOINTE AT
REGENCY PARK, PHASE 4.

WHEREAS, the City Council of the City of Los Banos has received a request from the developers of Southpointe at Regency Park, Phase 4 that Public Improvements, for Southpointe at Regency Park, Phase 4 be accepted by the City of Los Banos; and, WHEREAS, the City Council of the City of Los Banos has reviewed said request and finds that the public Improvements of said project are in a position to be accepted by the City of Los Banos.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos that does hereby accept the Public Improvements for Southpointe at Regency Park, Phase 4 as presented.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 20th day of April, 2022 by Council Member ____ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Manuel Thomas Faria Ill, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
59 THIS PAGE IS INTENTIONALLY LEFT BLANK
60 Site Map
Southpointe at Regency Park Phase 4
61 THIS PAGE IS INTENTIONALLY LEFT BLANK
62 OWNER'S STAmtE:NT
II<; TH£ IJNDERSJCNED. DO HEREl1Y OF RECORO IN TH£ I.NID S/K1WI/ ()N MAP. 11!' ALSO HEREl1Y OFro? AN
PUBUC US£, All PUBUC vnLRY
FASOIENTS {lE}; II!' ALSO OFFER AN USE AU STREET RIGHTS OF IIMY,· WE' IMRWID A\£NIJC AND LOIS 2JI
--
I?" THAT 11!' ARE THF: OWNERS OR NA\£ 500/E RJCHr, Tm£. OR INTfREST MAP AND !IF CCNSENT 7ll TH£ PREPARA110N ANO RECCRDA110N OF TlflS £ 0£IJICA110N ro TH£ CITY OF LOS BANOS, AS EASEMENTS, FOR (PUE), All S/OEWAJJ( EASEJIENIS (5£), ANO All LANDSr:AP£ 0£IJICA110N ro THC CITY OF LOS BANOS, IN FE£. FOR PUBUC RELIHOUtSH ALL ACC£$$ RIGHTS OF L<JTS 224 TO 231 ro ANO FROII 2J2 ro ANO Fl/OIi FU1IJRE WN1f) RONJ; All AS SIIOWI{ ()N THIS FINAL =~?12 e~1'0en, J /XJRPORA110N
TRUSTEE. nO£UTY NATIONJJ. TTTlE 'ANY OF CALIFORNIA. A CAUFORNIA CORPOIIA110N er,',;7:J mu 1..:, /. {,;,,~l(k... 04Tf; _7l]...,_.,c. .. 'Uld....,,.......,&s...'l..,....«"'o"-;:i,,.,_{ SIGNATUR£ I - ' 8" -u2,-1111e. f/. T<ol,; aw & · V.? "'TE; _ _____ _ _ PfllNT NAME ANO TTTlE I NOTARY STAmtENT I 1ll(S CDmFICAll" ~ OHI.Y TH£ ID£N1TTY OF TH£ ro WHICH THIS ct:RT1F1CATF IS ATTACH£(), AND NOT TH£ 11?UTHFUf.NESS, STAIF OF CAUFOl?Nllc ~ j CCIJNTYOF ~ •
ON ~rU'\ aJ.t ~ , !,ail, 8EFOR£ IE. ~ " • 'f:c,',K,) A NOTARY PUEJI.JC, PERSONA/.1.Y -r.....:Es-a..,_,_,~'r-J~==~\.,_~..,c _________ _ SAIISFACroRY E'VIO£NCE ro BE TH£ P£l'SON(S) IIHOS£ NAJ/£(S) IS/ARE SU9SCRfBE1> ro TH£ ""11/N INS • ANO ACKTfO'lll£DGED ro 11£ THAT ll£/SIIC/11l£Y EXrnlTfD 1lfE SAIi£ IN HIS/HEFl/711£/R AIJTIIORIZED IES}, ANO THAT er H1S/H£11/TIIFJR SIGNATURE(S} ON 111E INSTRUMENT 111E PERSON(S}, OR THC fNTTTY UPON BEHALF OF WHICH 111E POISON(S) ACIEl), FJ<mJTF1J TH£ INS1R/JIIENT. /JNO£J1 111£ LAOIS OF THC STAIF OF ~ THAT 111£ FOREGOING COMJI/SSION - :J."l4 S1,, s- llY COWISSION £XPIRES: ~ 15 I #° NOTARY STAmtENT
A NOTARY PU8UC OR U1I/ER Off1CEll COIIPl.£TING 1111S C£KTIF1CA1F VE11IF1ES ONLY 111£ IDENTITY OF THE /NOMOUA/. WHO SIGN(!} TH£ DOCU 7ll WHICH 111/S CERTIF1CA1F IS ATTACHED. ANO NOT 111E TRUTHFULNESS, ACCURACY, OR VN.JD/TY OF THAT DOC
STAil: orCJJJFORN1A COUNTY OF ::::ti? QA( @
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I CfR1IFY UliOER PENALTY OF PER~ UNDER 111£ LAOIS OF Tiff: STAIF OF CIJJFORNIA THAT 111E roRE1XJING PARAGRAPH IS TRUE ANO CORRE:Cr.

WITNESS IIY HAND
SIGNATURE: Q:..=""'-"~=:........i!-- --- COWISSION NUMBER: WH 6 ~30 PRINCIPAL COUNTY OF BUS/NE:55' - 11r COWJSS/ON = -< -,., _ 4oz 5 llA/l> J/ 4/2021 15·JI nt£ II. \ I ~\Su,wy D,v,nngs\PHAS£ 4\SP PfU-01 ""9 TRACT NO. 2015-01
SOUTHPO/NTE,·PHASE 4
BEING A SUBDMS/ON OF LOT 8 SHOWN ON S0/JTHPOINTc AT REGENCY PARK, FILED IN BOOK 81 OF OFFICIAL PLATS, AT PAGES 20 ro 24, MERCED COUNTY RECORDS, LYING IN SECnON 12, TOWNSHIP 10 SOUTH, RANGE 10 EAST,
MOUNT DIABLO BASE AND MERIDIAN.
crrr OF LOS BANOS, COUNTY OF MERCED, STATE OF CAUFORNIA MARCH 2021
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DMfTTEQ SIGNATURE STATOIENT; PURSUANT ro SECTION 611436 OF 111£ SVBOMSION MAP ACr. TH£ l'OU.OWING S/CNATIJRES HAI'£ B££N OIIITTED, 111'1: OF IHTE11£ST.· IN FA>l'.YI OF,
DEED R£FFR£NC£:
111'1: OF INIFREST:

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SANITARY 5l1IVO EASOl£NT
CITY OF LOS BANOS 800K 3756 OF OFFICIAL RECOIIDS. PAGE 887, 11.C.R., R£'COROED 7 Au,;usr, 1998 ~
ANY RIGHT OF ENTffY ANO FASalEN1S NECESSARY FOR THE PROOUCTION, EXPLORAnON OR OF OIL OR IIINEIIALS l'1l> SPINA AND /10SfLJ£ SPINA BOOK 806, omcJAI. RECORDS. AIGE" :us. 11.c.R., R£rxJROED JUNE 4, 1945 Pl.ANNING CQMMJSS/QN STATQtENT I, STACY SOUZA ElJIS, 0/IIFCroR FOR 111£ CITY OF LOS BANOS CfMfUNfTY ANO ECtJIIOIIIC OEYfJ.bPll£NT OEPARTIIENT", 00 HfREBY STAIF THAT I HAI'£ DfAM1N£D 1111S FIIW. MAP OF 7PAC7" NO. 2015--01 SOUTIIPOII(/£, PHAS£ 4'. ANO THAT 11iE SUBDMS/ON IS SVBSTANTIAI.LY THE SAIi£ AS THATSHOWN ON 111£ TENl'ATIVE MAP APF>IKJVED er 111E CITY PLANNING COIIII/SSION ON 111E 11111 IMY OF 1/AY, 2016, ANO THAT Tl/IS nNAL MAP or 7R.l!CT NO. 2015-01 SOIITHPO/NTE. PHASE 4" C0MPU£S WffH Ali R£QU/RfJl£}(1S OF SW PWiNING COMMISSION.

DATED TlflS 2~-" IMY OF A!"'i I ' 2021.
sr.t1~cottu$/TY ANO ECOIIOII/C 0£V£1.0PIIENT 0/RECroR CfTY OF LOS 84NOS RIGHT 7Q FARM STATFfdENT PER ll£RCED CCUNTY ORDINANCE NO. 1213, THC PROPERTY OESCRIB£D ON 111£ H£R£ON SHOWN MAP IS '1 THC lfCfNf1Y OF /.NID I/IIUZED FOR ACRICULTURAL PUIIPOSES ANO l1ESID£NTS OF 1I/IS PROPERTY A/AY 8£ stJBJm ro INCOtMNIENCE OR /JISCOIIFORT NI/SING Fl/OIi THE US£ OF ACRICULTURAL CHEJI/CAlS, INCt.UOING. BUT NOT UIIITED 1!J. PESTICIDES ANO Ft1111LIZ£11S, ANO FROII THC PURSUTT OF A&R/CIJLTURAI. OP£11ATIONS INCtUDING, BUT - l1IIIT£O ro, Pl.OWING, SPRAYING. ANO BURNING WHICH OCCASIONAi.LY AIAY GENERAIF OIJST. SJIOI(£, IIOIS£, ANO ODOR.

THE CCUNTY OF ll£RCED HAS E"STABI.ISH£D ACRICULTURE AS A PRIORf1Y USE '1 AGRICIJl.11/RA/. ZONES WHICH ARE IJIJTS/0£ OF AN ESTABUSHED SPECIFIC IJR8AN 0£V£1.0PIIENT (SUOP) B()IJN(INfY, /1U1IN. RESIOEN7l4L CfN1£R (RRC) BOUNDNrr, HIGHWIIY INTERCHANGE CfN1£R (I/IC) BOIJNIMlrY, OR AGRICULTURAi. SERV1CE CfN1£R (ASC) BQIJN!JNrY, ANO RESIDENTS OF PROPERTY IN mE IIICINITY OF" SUCH ACRICULnmAL ZONES SHOIJlJ) 8£ PREPARED ro ACC£1'T INCON'IEN/fNCE OR /JJSCOIIFORT Fl/OIi NOIIIIM. NEC£SSAl1'Y J.GII/CIJLTUIW.. OPERATIONS.

SURVEYOR'S STAmtENT
TIIIS MAP IMS PREPARED er 11£ OR tJNlJER IIY OIREC110N ANO IS BASED UPON A FIEI.D st.HNa IN CONfORMANCE WfTH 1HE REOUIREMENT'S OF TH£ SUBOMSION MAP ACT ANO L~ ORO/NACE AT 11iE REQUEST OF GREG HOSTrnER IN JULY 2017. I HERE111' STAIF THAT 1HtS nNAL MAP SUBSTANTIAi.LY CONFORMS ro THE APPROVED OR CONDIT10NAL APPROVED TENTATM AW', THAT AU IIOHIJll£N1'S ARE OF Tiff: C/WIN:TER ANO OCCUP'f THE POS1TIOl{S IHOICA1fD, OR THAT THf:Y ltlLL BE SET IN THOSE POS1110NS 8EFOR£ SW SV8tJMSION IMPROVEJl£N1S ARE ACC£PTfD BY THE CITY OF LOS B4NOS. ANO THAT THE MONUIIENTS ARE OR MU BE S/JFF1C/ENT ro ENABLE TH£ SURI'£)' ro BE RETRACED.

IMTED THIS tf-,L IMY OF f,lA(,~ , 2021.
~A~JJ,i~8040
C([Y SURVEYOR'S STATEAIENT I HEREBY STAIF THAT AT THE REOIJ£ST OF THE CITY ENGINEE11 OF Tiff: CITY OF LOS 1141/0S, I HA~ DWml£D 111/S FINAi. w,p ANO THAT I All SA11S11ED THAT THIS MAP IS 1FCHN1CAI.I.Y COIIRECT AND COIIPUES WITH APPUCABLE PR<MSJ0NS OF THE SIJBOM5ION MAP JCT.

DATED 111/S ZJ!!IMY:,;s-,r-6-..,_.=(...'-- , 2021.

CfTY @GINffR's STATOfENT I HERE111' 5TA1F 11/AT I HAI'£ EXAIIINED 111/S nNAL MAP ANO 5TA1F THAT TH£ S/JBDMS/ON sHOlfN HEREON IS SUBSTANTIAi.LY THE SA.II£ AS fr N'PfNIED ON 111£ TENl'ATIVE MAP AND ANY APPRrMD AL1ll04J'IONS 71/EREOF, THAT All Pl«JVISIONS OF THE S1JBOMSJON MAP ACT AND ANY LOCAL ORDINANCES OF 111£ CITY OF LOS BANOS ANO IIERC£D CCIJNTY, N'PUCAB1.E AT 111£ 1111£ OF APPROVAL OF THe TENTATIV£ UAP !«VF 8EcN COMP/.Jt.7J WTTH,.

DA7El1 111/S
~
1~ IMY OF April . 2021.

FNl/0 P£ZESHK. R.C.£ 816D1
AC11NG CITY ENC/NEER
C([Y CLERK'S STATfMEN[
' ~Y:?~~ ~ 1; ',_~
. ·•
'
I. L/JC'Y IIAUON£E, CITY Cl£RI( OF THE CITY OF LOS BANOS. STAIF OF CJ/.JFOIINJA, DO HE1l£11Y STAIF 11/AT AT THE ~ IIE£TING OF 1lf£ CITY COUNCIi. OF TH£ CITY OF LOS BANOS, STAIF OF CIJJroRNIA, HE1I) ON THIS 21.!.'.:. IMY OF 2r' ( , 2021, 111£ NXtl#PANYIIIG FINAL MAP OF "711ACT NO. 2015..;JI SCIITHPOllffE". PHASC 4• Al'Pl'iOlfII; ACC!1'TED ON BefNF OF Tiff: PUBUC, FOR PU8UC US£, 111£ OFFER OF OETJIC,l110N IN £AS£MENT OF All PUBUC /IT1UTY FASalEN1S (PUE), All Sl{)£W,llJ( FASalEN1S (SE), ANO All LANDSCAPE FASOIENTS (LE), 111£ OFFER OF 0£DICAT/ON IN ffE OF All STREU RIOHTS OF WAY,- WE' ALSO ACJ<NOWLEDfX THC RFJJNQUISHJl£NT OF ACCESS RIClfTS Of' LOTS 224 TO 2.JI TO ANO Fl/OIi <M:RINIO A~ AND L015 2JI AND 2J2 ro ANO Fl/OIi WN1f) =: All AS SIIOWI{ ON TIIIS FINAL MAP.

DATED THIS 'l)l!l DAY OF ~ I , 2021.
f.... ..,;µ.._~. ~ t.UC/Y IIALI.ONfE. CITY Cl£RI(

CITY OF LOS BANOS
RECORDER'S STATOfNT nLED THIS 2 ~ DAY ~ A-plf.i L.. , 2021, AT /0 ! 0( O'CLOCK ,tJ_ II.

IN 800K ~ or OFFICIAL PLATS, AT Pl«S 9 - ( / . 11.C.R.

OWNER; AT THE l1£W£ST OF mM£FIElD IIDII£. INC. A CAUFORN/11 COIIPORA110N ,u,$' B'?. co
AIATT H. AIAY, C()/Jl{TY REC0R0£R
BY, Cm 6,,,,,,,,,JJ, C!fk1
BOOK :i,l{ PAGE _j_ SHm 1 OF J
63 NOTfS
;;:.cc:=.r-SHOWN=:::: ~IN~~ OfCIIIAl.~"'W:Jffor.llOTrD IS FROII ll£RCED COUNTY RECORDS.

SUBDMS/ON SUMMARY
20 LOTS Sl1tE<TS
LOT F

2.87 ACRES

0.96 ACR!S 7.72 ACRES
! I ~l11w~
I
",,O
2· DIMlfTER
CAPS STAIIP£D
,021 R.C.£. 15J
I'-
'-._
"
roTAL
239 238
LOT F 7.72ACR(S
237 236
tt.55 ACR£S
235 234
221 et'
1--- __,;z~,.2:~;(~(c) t::£ stle CIWC COURT
" ' 222 -~ - --s~ r--.---~- N46"11'58"F:
~~;~(C) 2W'(A1)(8)(C)
" " 223
- - - - ----- - --'. 7~----.r (X 56" PUE (8) N88'48"02"W ____ 92.00'(IIX8)(C) 330
329
328
327
326
325
324
i
i
224 225 226 227 228 229 230
NM48'02lf 47.9.0J '(II) BXC)
OVERlAND AVENUE",
212 I 213 I 214 I 21s 1 216 I 211 I 218 I
pHASt 3 ~ _ ~ ..,
OurHPOINO p_-44 5 az- ·
279
281 I 286 I 285 I 284 I 283 1 282 I I 287 280 -1--t - ~ ~ - t -1- ~ - 288 I 289 I 290 I 291 I 292 I 293 I 294 I 295 '-----L-...1.___1~ pH,!s£ 2
50urH~~'~6.P--4 1
fil :MIZO J/4/2021 15:JO FRI: Al:\ 100025 Swwy ~•\Pl'45>' 4\SP PH4-02.m,g I f"AST UN£
n~= 12
I
I "6TLIN£0F
I ..,--STORAI DIWN
r 't:f"'EA5CIIENT
I
I
I
I
I
I
\
TRACT NO. 2015-01
SOUTHPOINTE, PHASE 4
BEING A SUBDMSION OF LOT 8 SHOWN ON SOUTHPOINTF AT R£GE:NCY PARK, AL£D IN BOOK 81 OF omcw.. PLATS, AT PAGE:s 20 TO 24, MERCED COUNTY RECORDS, LYING IN S£CnON 12, TOWNSHIP 10 SOUTH, RANG£ 10 £AST, MOUNT 0/ABLO BAS£ ANO MERIDIAN,
CITY OF LOS BANOS, COUNTY OF M£RC£D, STAT£ OF CALIFORNIA ltlARCH 2021
BENCHMARK ENGINEER/NG, INC.
507 J STRm; LOS BANOS, CAJ.JFORNIA, 9J6J5
L£G£ND
NOIZO AU. PIPE: SIZES NI£ INS/DC DWJEr£R
• FOUND J/4" IRON PIP£ TAGGED '1S 8040" P£R (8) AND/OIi (C), OR A5 NOTW ii FrJUND IIONIJIIENr IN IJtJIIIJIIENr WW. PER (C}
* FOUND CPS IIONW£NT A5 SHOlfH ON REF (A/
O S£T J/4" x 24" IRON PIP£, TN;G£TJ LS 8040
0 S£T J/4' x 24" IRON PIPE:, TNX/E1/ LS 8040, IN MONIIIIENr MU __..l__ 5£T J/4' x 24• IRON PfP£, TAGGED LS 8040, AT AU. R£NI LOT CORMRS AND LOT ANCI.£ J'IIC o POINTS. UNlESS NOTED A5 A rmNeSS CORMR S£T BRASS TAG STAMPED LS 8D40 IN CONCRITF AT 1.00' MfASURED PE11P(N[NCUW, OR /IADIAJ.LY FROM RIGHT-fJF"-WAY ANCI.£ AND CIJIM POINTS S£T 8RASS TAG STAIIPED LS 8040 Ill CONCi/fJE AT 1.00 FOOT PI/QJ£CTION OF AU. LOT I.JN(S MDSTRm.
=RESTRICTW ACC£SS
O.P. OFFICl<I. PIATS
(M) IIWUR£D ON 111/S SUR\O'
{R) fil,OW. /lfARIN/;
SFN S(Afl(!HED, FOUND NDT/f/NG
L( W/DSCAP(EASE11EJ{r
PUE PUBUC /JTIUTY EASEMDiT
SE: SJOEWALJ( EASOIENr
M.C.R. IIERC£D COUNTY RCCORDS
JI,:; WITN£SS CORNER
BASIS OF BfARINGS
A OBS£RVED /JF.A/111/G OF N2G"2~'32W WAS 11£ASIJR£D FOR THE LINE 8ETW(Etl GPS/GIS 1fJ2t AND GPS/GIS 1D17 A5 SI/OWN ON THE GPS SUFMY CON/ROI. NETWORK FILED IN 800K 28 OF SUR'VFYS, AT PAGF:S 9 ro 12, IIERC£D COUNTY REOORDS. AND IS TH£ ~ FOR AU. BfNIJNGS ON 111/S I/AP.

REFERENCES
{A) BOOK 28 OF SURIFrS, PAGE'S 9-12 GPS SUR\O' CONTROi. N£1WOIII<, 11.C.R. (8) 1RACT NO 2015-01, SO<ITHPOIN1£ AT RE"CCNCY PARK, 800(( 81 OF omctAL RCCORDS, PAGES 20 11) 24, 11.C.R. {C} Tl?ACT NO 2015-01, SOIJTHP0/1(1<, fflASE J; 800K Bl OF OFFICIAL R£CORDS, PAGES 44 ro 46, 11.C.R.

BOOK~ PAGE LO SHEE 2 OF J
64 NOTES

REFERENCES
I
/l£RCON NI£ IIEASIJRED UNl£SS OTIICRWISC NOTED. AR£ IN m:r ANO ~ PAKIS TlfERf:OF.

M IIERC£O COUNTY R£CORDS.

GPS SURVIT CONTROL NE:TW0/11<, M.C.R.

REGENCY PMK, 8(1()1( 81 Of' OfF1CIAI. R£CCIIOS. PAGES 20 TO 24, M.C.R. 3, BOOK 82 OF OFF1CW. RECORDS, PACE'S ,u ro 46, IJ.C.R.

CURVE DATA TABLE
CURii£ OElTA RADIUS
C1 44•35•32• 21.00'
C2 .U"35'J2· 45.00'
CJ 911'00'00" 45.00'
c• 9/1'00'00" 45.00'
C5 44·35•32• 45,00'
C6 44·35•32• 21.00'
£X 56' PU£ (BJ
w«lm
1 35.

70. 111'
ro.d9·
JS.dz·

16.SI"
222
6,420 S.F.
330
ll<IF, J/</2021 15,29 FII.E, M,\ 100025\ """1 D,ow;ng,\PHASC <\SP PH<-03.dwg I
LEGEND
NOIF, ,'JL Pll'f: SIZES NI£ INSIOC 0/AJETER
• FOUND 3/4" IRON PIP£ TAGGED 'lS 8IH()" PER (B) AND OR (C}, OR AS NOTED ® rotJND MONUMENT IN IICN1.JMeff llRL PER (C}
~ F'OUNO GPS MOMJIIENT AS SHOWN ON REF (A).
0 SIT 3/<" x 24" IRON PIP£. TA(IG£1) LS 8/H{)
SIT 3/<" x 2<" IRON PIP£, TAGGED LS 80<0, IN IK/NIJMfNT llRL _l__ SIT 3/<" x 2•· IRON PIP£, TAGCED LS 8/H{), AT ,'JL RfNI wr CORNERS ANO 3'lVC O (OT ANGl£ POll(1S, UN1ISS NOTED AS A wrTIIESS CORNf1I · SIT BRASS TAC STAMPED LS IJO<O IN CONCflfJE AT 1.00' MEASURED PERP£NDICULM OR RADIALLY FROM RIGHT-OF'-WAY NIGL£ AND CI.JRV£ POll{fS SET BRASS TAG STAMPED LS 8fHO IN C0NCR£TE AT 1.00 FOOT PROJ£CT10N OF ,'JL LOT UNES INTO STREIT.

L..LL.L..lUH RESTRICTED ACCESS

66.00' Nlll"<B'02"W 509.03'
3'lVC 60.00' 3'lVC 60.00' 3'lVC 60.00' 3'lVC O
ls 8 8 8 ~ ~ ~ ~ 239 1" 238 1" 237 1" 236 1"
O.P. OfflCIN. PLAIS
(M) MEASURED ON !HIS SIJMY
TRACT NO. 2015-01
SOIJTHPOINTE, PHASE 4
(R) R4D/.ll. BEARING BEING A SUBDMSION OF LOT B SHOWN ON SOUTHPOINTE AT REGENCY PARK, RL£D IN BOOK 81 OF OfflCIAI. PLATS, AT PAGES 20 TO 24, MERC£0 COUNTY sn, SEARCHED, F'OUNO NOTHING RECORDS, LYING IN S£CnON 12, TOWNSHIP 10 SOUTH, RANG£ 10 EilST, PUE PUBUC Ul1U1Y E'ASEMENT MOUNT DIABLO BAS£ AND MERIDIAN, CITY OF LOS BANOS, COUNTY OF MERCED, STATE OF CALIFORNIA C1 CUIM TABI.£ R£FFJIENCE MARCH 2021

11.C.R. MERCED <XIUN1Y RECCR0S
IE LANDSCN'C EAS£ll£NT
SE
NC

60.00'
2J5
SIDEWAil< fASEMENT
llflHESS COIINER
3'11t'
8 ~
1"
BENCHMARK ENGINEERING, INC.
507 J STREIT, LOS BANOS, CALIFORNIA, 93635
iTi
6,487 S.F.
~ 6,000 S.F.
~ 6,000 S.F. ~ 6,000 S.F. ~ 6,000 S.F.
le le :-
le :- ~ le le
566.03' l/88''8'02-""W"'=722::-,05= '(M"'r}(,"' c).:, - 2J.02' 272 273 274
I I
I pHASE 3
'[HPOINTE, -44 I sou sz- 0,P· I 2 76 277 278 279
I I
BOOK ~tf PAGE _Jj_ SHID 3 OF 3
65 THIS PAGE IS INTENTIONALLY LEFT BLANK
66 RccordiDg llequeatcd By:

City of Los Banos
And When Recorded Mail to:
l.w:ille L Mallonoo, City Clerk
City ofl.os Banos
520JStreet
Los BIIDIIS CA 93635
Filed In Official R
MERcEZ) co~orcts,
Doc#: 2 05f03Qo21 021019920
08:38AM
S ce above 1his lino for Recorder's use.

SUBDIVISION IMPROVEMENT AGREEMENT
TiilS AGREEMENT made this 0\\-t'v\ day of ~~'< '- \ , 2021, between STONEFIELD HOME, INC., a California Corporation, Parties of the First Part, hereinafter designated and called "DEVBLOPER.(S)•, and the CITY OF LOS BANOS, a municipal corporation, the Parties of the Second Part, henlinafter designated and called "CITY".

WHEREAS, the DBVBLOPBR(S) have presented to the CITY a certain Final Map located within the corporate limits of the crrv, and known and described as Tract No. 2015-01, Southpointe at llegency Park Phase 4, wmprised of 20 sinsle family residential lots on approximately 3.83± acres, a copy of wbic:b is on file at the City of Los Banos Planning Department and made a part of this AGREEMENT by reference, and said DEVELOPER(S)have requested the CITY to accept the dedications delineated and shown on said Final Map in Older that the same may be n:c:orded as required by law; and,
WHEREAS, the CITY requires a condition precedent to the acceptance and approval of said Final Map, the dedication of said easements as are delineated and shown on said Final Map, 8Dd deems the same as oecessary for public use, and requires and deems as necessary for the public use that any and all street improvements delineated and shown thereon shall be improved by the construction thereon and the installation thcmn of the improvements hereinafter specified in Paragraph One herein; and,
WHEREAS, certain sections of the Los Banos Municipal Code require theDEVBLOPER(S) to enter into this AGRBEMENT with the CITY whereby DEVELOPBR(S) agn,e to do, perfonn, and complete the works and matteis hereinafter in this AGREEMENT mentioned and set forth in details, within the time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the CITY; and,
WHEREAS, the City Council of the City of Los Baoos has fuund said Filial Map by Resolution No. l O 35 I to be in substantial compliance with the designs and Conditions of + Approval ofVesting Tentative Tract Map No. 201S-Ol.

NOW, THBREPORE, in consideration of the acceptance of the offers of dedication of easements, and facilities as shown and delineated on said Final Map, and the approval of said Final Map for filing and recording as provided and required by law, it is mutually agreed and understood by and between DEVELOPER(S) and CITY as fullows:

Subdivision Improvement'~ FM:#2015-01
SOUfHPOINl'EAT REGBNcY PARK, PHASE4
67 SUBDMSION AGREEMENT

1. That the CITY has fixed and does fix the time within which DEVELOPER(S) shall do and perform the work and improvements hereinafter specified and at such time during this period as designated by the Public Works Director/City Engineer of the CITY, but no later than the 1st day of May 2023, with the said provision that this time may be extended by consent of the City Council, and that the DEVELOPER(S) will, within the period of time stated herein above in this paragraph stated and :fixed, do or cause to be done and performed, the following described work and iroprovements,(as detailed in attached Exhibit A) all at their own cost and expense, to the satisfaction of the Public Works Director/City Engineer in accord with the approved subdivision improvement plans and existing City Policies and adopted Standards, including all costs of inspection, to-wit; IMPROVEMENTS:

I. SITE PREPARATION $ 40,992.65

2. WATER $ 85,605.00

3.SEWER $ 32,643.00

4. STORM DRAIN $ 58,557.00

5.CONCRETE $ ll9,l15.00

6.PAVEMENT $ 269,799.00

7. ELECTROLIERS $ 22,500.00

8. MISCELLANEOUS $ 13,904.00
TOTAL $ 683,233.65
REMAINING IMPROVEMENTS:

I.CONCRETE $ 119,115.00

2.PAVEMENT $ 269,799.00

3. ELEC1ROLIERS $ 22,500.00

4. MISCELLANEOUS $ 13,904.00
TOTAL $ 425,318.00

2. The DEVELOPER(S) shall furnish bonding or other forms of security for the estimated cost of the remaining improvements, agreed to by the CITY for Performance at 100%, $425,318.00 and Labor and Materials at 50%, $212,659.00 and prior to the release of other security, for Warranty and Guarantee at 10% ofln-Tract Construction Total in the amount of$68,323.37 In addition, the DEVELOPER(S) shall provide a bond or other form of security in the amount of $3,500.00 for survey monuments, per §66496 of the Government Code.

3. The DEVELOPER(S) agrees to pay the following fees at the time of signing the AGREEMENT less any amount previously paid and not to exclude pending invoices from outside consulting firms.

Subdivision Improvement Agreement 2 FM#2015-0J
SOlJTHPOINTE AT REGENCY PARK, PHASE 4
68 ENGINEERING AND INSPECTION
5% of Approved Engineer's estimate of$683,233.65 $ 34,161.68 Less: Deposit for Plan Check (Rec#0l422265) $ (14,422.85) Less: Payment (Rec#Ol580582) $ (19,738.83)
SUB-TOTAL .~ 0.00
FlNAL MAP REVIEW .

Charges for Phase 4 $ 2,555.75
Less: Deposit for Map Review (Rec#00 1426708) $ (2,000.00) Less: Payment (Rec#0l580582) $ (555.75)
SUB-TOTAL $ 0.00
TOTAL s 0.00

4. In accordance with adopted City Policy, security funds may be released for each category of improvements, as per Engineer's cost estimates for $683,233.65 (attached as Exhibit "A"), as approved by Public Works Director/City Engineer and accepted by the City Council.

5. The DEVELOPER(S) shall install improvements in accordance with the requirements of the City of Los Banos Municipal Code, the Standard Specifications of the City of Los Banos, the approved Subdivision Improvements and Grading Plans and the Conditions of Approval of Vesting Tentative Tract Map No. 2015-01. All public improvements and utilities must be installed prior to occupancy of units.

6. In the event that the DEVELOPER(S) shall damage, destroy, or tear up any existing improvements, DEVELOPER(S) agree to repair or replace such destroyed or damaged improvements at their cost whenever such damage shall occur.

7. Street lights shall be furnished and installed by the DEVELOPER(S). It is solely the DEVELOPER($) responsibility to coordinate the installation of street lights with the Pacific Gas and Electric Company and pay any and all fees necessary for their installation. At the time of acceptance, the street lights, including conductors to utility owner splice boxes, shall become the property ofthe CITY.

8. Any improvements not shown on the approved Improvement Plans which are to be dedicated to the CITY or which are to be placed within the proposed City right-of-way, including mailboxes, private and utility works, shall not be constructed without written approval from the CITY. It shall be the DEVELOPER(S) responsibility to ensure that mailboxes for use by the U.S. Postal Service are available for residents at the time of occupancy; installation to be per plans approved by the Postmaster and the CITY.

9. All earthwork and construction shall meet the requirements and recommendations of the Soils Report, the Amended Soils Report for the Project and the adopted Improvement Standards and Specifications of the City. The DEVELOPER(S) shall, at their expense, provide a Soils Engineer Subdivision Improvemem Agreement 3 FM#201s-01
SOlITHPOINTE AT REGENCY PARK, PHASE 4
69 whose responsibility includes the professional inspection and approval concerning the preparation of ground to receive fills, excavation and backfill operations, stability of all fmished slopes, and testing for required compaction. Prior to the issuance of structural pennits and prior to occupancy release, the Soils Engineer shall certify, in writing, that all earthwork including trench backfill meets the requirements and recommendations of the Soils Report and the adopted Improvement Standards and Specifications of the City.

10. Neither the CITY nor any of its officers or agents shall be liable to DEVELOPER(S) or their contractors for any error or omission arising out of or in connection with any work to be perfonned under this AGREEMENT. During the progress of the work, if it becomes necessary to modify the design because of errors or omissions on the plans or unforeseen conditions which render a portion of the project inoperable, unsafe, or prohibits a part of the project from performing satisfactorily in the opinion of the CITY, the plans shall be modified in accordance with the recommendations of the CITY. The DEVELOPER(S) shall be responsible for all costs incurred in revising the plans and performing the work in accordance with the modified plans.

11. The Improvement Plans may be modified upon approval by the CITY at no cost to the CITY.

12. The CITY shall not be liable to the DEVELOPER(S) or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this AGREEMENT, or any part thereof.

13. The DEVELOPER(S) hereby release and agree to indemnify and hold the CITY harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the street rights-of-way in said subdivision and upon the premises adjacent thereto pursuant to this AGREEMENT, and also from any and all injuries to and deaths of persons and injuries to property or other interests, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the DEVELOPER(S), the DEVELOPER(S) agents, employees, and subcontractors, while engaged in the performance of said work.

14. The DEVELOPER(S) agree that the use for any puq>0se and by any persons of any and all of the improvements herein before specified, shall be at the sole and exclusive risk of the DEVELOPER(S) at all times prior to final acceptance by the CITY of the completed improvements.

Thereon and therein; provided, that acceptance by the. CITY shall in no way eliminate or Jessen any ofDEVELOPER(S) obligations and wtdertakings contained in this AGREEMENT. The issuance of any occupancy permits by the CITY for dwellings located within said subdivision shall not be Subdivision Improvement Agreement 4 FM#201S-Ol
SOUTHPOINTE AT REGENCY PARK, PHASE4
70 construed in any manner to constitute an acceptance and approval of any or all of the improvements in said subdivision.

15. It is mutually agreed by the parties hereto that the Public Works Director/City Engineer shall have the right to reject any or all of the work to be perfonned under this AGREEMENT if such work does not conform with the plans and specifications mentioned herein or the ordinances of the CITY. Reinspection of corrected work shall be at the expense of the DEVELOPER(S). The cost of such reinspection is not included in the Engineering and Inspection Fee described in Paragraph 3 of this AGREEMENT. Any damage to the sewer system, utilities, concrete work. or street paving that occurs after installation shall be repaired by the DEVELOPER(S) to the satisfaction of the Public Works Director/City Engineer by the DEVELOPER(S) before release of bond or final acceptance of completed work.

16. DEVELOPER(S) shall provide for adequate erosion control as detennined by the Public Works Director/City Engineer on individual lots and from exterior property draining into the area of the subdivision, to protect the public rights-of-way and improvements. Erosion control on individual lots shall continue until such a time as :front and street side yard landscaping is installed.

17. Without limiting the foregoing, DEVELOPER(S) warrant and guarantee materials used and workmanship performed on said work for a period of one (I) year after completion and acceptance thereof by the City Council, or the Public Works Director/City Engineer.

18. Upon completion of the improvements, specified herein the DEVELOPER(S) shall file a Notice of Completion with Merced County and submit to the City "As Built'' drawings on mylar, of the improvements. The Notice of Completion shall be filed no later than thirty-five (35) days prior to consideration for acceptance of the improvements by the City Council. As part of the request for acceptance of improvements, the DEVELOPER(S) shall submit a title report encompassing each of the parcels within the Subdivision which discloses all liens or claims which may have been recorded in or prior to thirty-one (31) days following the date of recordation of the Notice of Completion. If any liens or claims are thus revealed,. the DEVELOPER(S) shall either remove the liens and claims and submit an updated title report prior to acceptance of the Subdivision by the CITY, or shall enter into an agreement with the CITY that provides to the satisfaction of the CITY a method for the removal of such liens and claims at no cost to the CITY.

19. It is hereby mutually covenanted and agreed by the parties hereto that DEVELOPER(S) contractors are not agents of the CITY and that the contractors' relations to CITY, if any, are those of independent contractors.

20. That the applicant furnish the CITY with a reproducible 8 1/2" x 11" map of the Final Map of this development prior to issuance ofpennits.

Subdivision Improvement Agreement 5 FM #2015-01
SOUTHPOINTE AT REGENCY PARK, PHASE 4
71 •

21. DEVELOPER(S) shaJl comply with all applicable original or amended Conditions of Approval of Vesting Tentative Tract Map No. 2015-01 prior to acceptance of public improvements or final of any housing units.
_22. No work shall commence under the terms of this AGREEMENT prior to all of the following being completed: deposit of improvement security per City Council resolution; issuance of a Subdivision Improvements grading permit other than rough grading and site preparation; and payment of all required development fees.

23. All costs for engineering and inspection services which exceed the 5% fee specified above will be invoiced to the DEVELOPER(S) and must be paid in full prior to acceptance of the subject improvements by the CITY.

24. If construction of improvements has not begun within one (1) year from the date of this AGREEMENT, then prior to commencement of work the Public Works Director/City Engineer shall review the improvement plans and detennine if revisions are required. In any case, a new engineer's cost estimate shall be submitted by the applicant to the Public Works Director/City Engineer. The applicant shall be responsible for any modification to the plans required by the Public Works Director/City Engineer and shaJI pay all plan check fees plus the difference in inspection fees due based on the new cost estimate.

25. The DEVELOPER(S) acknowledge the requirement to comply with the environmental mitigation measures for Vesting Tentative Tract Map No. 2015-01, and the conditions of approval for said tentative map, (attached herein as Exhibit 'B'), in the development of this Subdivision.

26. The terms of this AGREEMENT are not intended to, nor do they, relieve the DEVELOPER(S) of any conditions of approval, compliance with City Standards or compliance with mitigation measures of adopted environmental documents, the compliance with which may be placed as a condition of permit issuance or occupancy.

27. Time is of the essence of this AGREEMENT. It is agreed that the provisions of this AGREEMENT shall apply to and bind the heirs, executors, administrators, successors, devisces, and assignees of the respective parties hereto.

IN WITNESS WHEREOF, the parties have executed these presents or caused the same to be executed by the officers thereunto duly authorized on the date and year in this AGREEMENT first above written.

Subdivision Improvement Agreement
Stonefield
A Califo

PARTIES OF THE FIRST PART
6 FM#201S-01
SOlITHPOINTE AT REGENCY PARK. PHASE 4
72 CITY OF LOS BANOS
A Municipal Corixntio

PARTIES OF THE SECOND PART
ATIEST:
~- f.~
Lucille L Mallonee
CityClalc
City of Los Banos
Sfpatares need to be aotamed.

Attach a Notarv Admowl emmt.

ACKNOWLEDGMENT
[ A notary public or other offioer completing 1hls
I
certificate verifies only the Identity of the individual who signed the document to which this certillcate la
attad'led, and not the truthfulness, accuracy, or
I vallcl_!y of that document
State of Ca
County or_........,....,_.......,.......,.__ ___ _,
0n Prp nl aJ 1 aoa t beforeme. Jlm ~\w,Y\~. NQ\cu;j "'Publ~<... (Insert name and 1IUe of the affioer
personaDyappeared J'ACU\,1.f \ '11,,u)m.os -fc-t d<A.. II I ' who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) lsf P" subsa1bed to the within instrument and acknowledged to me !Jat h~ executed the same in ~•uthorlzecl capaclty(lea), and that by ~slgnab.n8(sj on the instrument the pen;on(s). or the entity upon behalf of which the person(a) acted. executed the Instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California 1hat the ftngoing paragraph 18 true and oorrec:t.

WITNESS my hand and official seal
SlgnatuJUAo. ~ ·
~•noeeee•e•••1
..

SAIIABLEVINS
~ Notary Public • Callfornll I I Merced eouniy
Commission 12352517 •
{Seal) 1. • • !'Y;om;,:i,i:s:,11.zo:..5 f
---,-------- ~ ------- ----------- ---- Subdivislm Jmprowment Agreemeat 7 FM #2015-01 SOUTHPOJNTB AT REGENCY PARK, PHASE 4
73 · ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
COUNTY OF ~ &J_ ~ ,
On {X\J:,uv::c.h 2£V-D)-l before me, ~~ /\ .12-o\J.Q.':::. , Notary Public, personally appeared €:Jr..e._~ :\:c--~ \..g__,V- , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
{Seal)
JO & · .·Ct CC ft CC ff
..

REGIH.U. ROll.£5 ~ Notaty Publlc • C.lffornta I Mercec1 County I Commission I 2345695 •
My Comm, Explras Feb 8, 2025
74 'Exhibit A'
Cost Estimate JOB#100025
BENCHMARK ENGINEERING INC.

MARCH 22, 2021

CIVIL ENGINEERING & LAND SURVEYING

ENGINEERS BOND ESTIMATE
FOR

SOUTHPOINTE AT REGENCY PARK
PHASE 4 - 20 LOTS

LOS BANOS, CA
% AMOUNT
ITEM DESCRIPTION UNIT QUAN. UNIT PRICE AMOUNT REMAINING REMANING A. SITE PREPARATION

1. MOBILIZATION LS 1 $5,000.00 $5,000.00 0.00% $0.00

2. CLEAR AND GRUB SF 239,951 $0.05 $11,997.55 0.00% $0.00

3. GRADING SF 239,951 $0.10 $23,995.10 0.00% $0.00
SUB-TOTAL $40,992.65 0.00% $0.00
B. WATER

1. 10"WATER LF 801 $25.00 $20,025.00 0.00% $0.00

2. 8"WATER LF 814 $20.00 $16,280.00 0.00% $0.00

3. 10" GATE VALVE LF 3 $1,500.00 $4,500.00 0.00% $0.00

4. 8" GATE VALVE EA 5 $1,300.00 $6,500.00 0.00% $0.00

5. 1" WATER SERVICE EA 20 $500.00 $10,000.00 0.00% $0.00

6. FIRE HYDRANT WITH TEE, GATE VALVE & BURY EA 5 $3,500.00 $17,500.00 0.00% $0.00

7. TEMPORARY BLOW-OFF EA 4 $1,250.00 $5,000.00 0.00% $0.00

8. CONNECT TO EXISTING 8" WATER EA 1 $1,000.00 $1,000.00 0.00% $0.00

9. CONNECT TO EXISTING 10" WATER EA 1 $1,250.00 $1,250.00 0.00% $0.00

10. 10" STUB & PLUG EA 1 $1,000.00 $1,000.00 0.00% $0.00

11. 8" STUB & PLUG EA 3 $600.00 $1,800.00 0.00% $0.00

12. 2" LANDSCAPE SERVICE EA 1 $750.00 $750.00 0.00% $0.00 SUB-TOTAL $85,605.00 0.00% $0.00
C. SEWER

1. 6"SEWER LF 481 $20.00 $9,620.00 0.00% $0.00

2. 8"SEWER LF 248 $26.00 $6,448.00 0.00% $0.00

3. 4" SEWER SERVICE EA 20 $400.00 $8,000.00 0.00% $0.00

4. STANDARD MANHOLE EA 3 $2,500.00 $7,500.00 0.00% $0.00

5. CONNECT TO EXISTING SEWER EA 1 $1,000.00 $1,000.00 0.00% $0.00

6. 8" STUB AND PLUG EA 1 $75.00 $75.00 0.00% $0.00
SUB-TOTAL $32,643.00 0.00% $0.00
D. STORM DRAIN

1. 12" STORM DRAIN LF 73 $25.00 $1,825.00 0.00% $0.00

2. 18" STORM DRAIN LF 1,101 $32.00 $35,232.00 0.00% $0.00

3. CATCH BASIN EA 4 $2,000.00 $8,000.00 0.00% $0.00

4. STANDARD MANHOLE EA 4 $2,500.00 $10,000.00 0.00% $0.00

5. TEMPORARY DRAIN INLET (INCLUDING AC SWALE) EA 1 $1,500.00 $1,500.00 0.00% $0.00

6. REMOVE TEMP DRAIN INLET AND CONNECT TO EX. EA 2 $1,000.00 $2,000.00 0.00% $0.00 SUB-TOTAL $58,557.00 0.00% $0.00
E. CONCRETE

1. 6" VERTICAL CURB & GUTTER LF 3,086 $13.00 $40,118.00 0.00% $0.00

2. HANDICAP RAMP (LABOR ONLY) EA 5 $500.00 $2,500.00 100.00% $2,500.00

3. SIDEWALK (INCLUDING RETURNS) SF 21,922 $3.50 $76,727.00 100.00% $76,727.00

4. 6" VERTICAL CURB LF 284 $11.00 $3,124.00 100.00% $3,124.00

5. PARKING BAYS SF 3,048 $5.50 $16,764.00 100.00% $16,764.00

6. RESIDENTIAL DRIVEWAY EA 20 $1,000.00 $20,000.00 100.00% $20,000.00 SUB-TOTAL $159,233.00 74.81% $119,115.00
915 17th Street• Modesto, CA 95354 • 209.548.9300
75 ENGINEERS BOND ESTIMATE

SOUTHPOINTE AT REGENCY PARK

LOS BANOS, CA
JOB#100025
MARCH 22, 2021
PAGE2

ITEM DESCRIPTION
F. PAVEMENT

1. 0.21 'AC/ 0.92' AB

2. 0.40' AC/ 1.55' AB

3. 6" CLASS II AGREGATE FOR EVA

4. MONUMENT WELL
G. ELECTROLIERS

1. 150W STREET LIGHTS

2. 200W STREET LIGHTS
H. MISCELLANEOUS

1. GATED BARRICADE

2. STRIPING AND SIGNAGE

3. EROSION CONTROL
NOTE:

UNIT QUAN. UNIT PRICE
SF 24,146 $3.00
SF 32,136 $5.50
SF 26,284 $0.75
EA 3 $300.00

SUB-TOTAL
EA 3 $2,500.00
EA 6 $2,500.00

SUB-TOTAL
LF 122 $32.00
LS 1 $5,000.00
LS 1 $5,000.00

SUB-TOTAL
IN-TRACT CONSTRUCTION TOTAL===========>
10% CONTINGENCY==•===============>
CONSTRUCTION TOTAL=--=------=>
% AMOUNT

AMOUNT REMAINING REMANING
$72,438.00 100.00% $72,438.00
$176,748.00 100.00% $176,748.00
$19,713.00 100.00% $19,713.00
$900.00 100.00% $900.00
$269,799.00 100.00% $269,799.00
$7,500.00 100.00% $7,500.00
$15,000.00 100.00% $15,000.00
$22,500.00 100.00% $22,500.00
$3,904.00 100.00% $3,904.00
$5,000.00 100.00% $5,000.00
$5,000.00 100.00% $5,000.00
$13,904.00 100.00% $13,904.00
$683,233.65 $425,318.00
$68,323.37 $42,531.80
$751 ,557.02 $467,849.80

1. THE ABOVE DEVELOPMENT COST ESTIMATE DOES NOT INCLUDE LAND, ADJACENT RIGHT-OF-WAY, INTEREST, TAXES, COMMISSIONS, LEGAL FEES, ENGINEERING FEES, GEOTECHNICAL FEES, CITY FEES.

FEES CHARGED IN CONNECTION WITH A BUILDING PERMIT. PRICES REFLECT CURRENT NORMAL

CONSTRUCTION COSTS AND ARE SUBJECT TO CHANGE ONCE STREET IMPROVEMENT PLANS HAVE BEEN APPROVED.

PREPARED BY JP/TG

REVIEWED BY TG
K:100025/EsUmates\ Phase 4 5 6\ 2021-03-22_BOND ESTIMATE_Phase 4-TG 76 ExhibitB
CONDmONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP #2015-01 -

SOUTHPOINTE AT REGENCY PARK
General

1. The applicant shaU submit a revieed Vesting Tentative Trad Map to the Community and Economic Development Department reflecting any modificatiOns, c!dditions, and/or conditions of approval, within 30 days from Planning Commission approval. ff necessary, the revised Vesting Tentative Tract Map shall be reviewed by the City Engineer and the Community and Eco~mlc Development Director and · signed by the Community and Economic Development Director for PUl'J>PS8$ of providing a clear ll!COrd of the appR>ved Vesting Tentative Tr$Ct:Map.

2. The Vesting Tentative Trad Maps, Final Maps, and Improvement Plans shall be consistent with the Final Developm$1t Plan, as conditioned.

3. Approval and ilfe of the Vesting Tentative Tract Maps shall be as set forth In the Los Sanos Municipal Code.

4. All development shall be consistent with the Vesting Tentative tract Map #2015-01 and approved Final Development Plan #2015-01, reflecting any amendments $dded during apprQval.
5, The Final Map(s) shall be in sub_St$ntlal compliance :Wittl the approved Vesting Tentative Tract Map, including any changes set forth in the conditions of approval.

6. A Final Map shall ~ prepared by a professional lancJ surveYQr licensed in CaUfomia or a professional engineer licensed In Callfomia and qualified to pracuoe land surv~ytng, according to the subdMslon Map Act, and local ordinances.

7. At least two points c:>n the Final Map shall be tied to the California State Plane Coordinate System (NAO 83) with ties shown and closure calculations depicting the tie bearings and distanc::es.

8. A letter from the Tax Collector shall be submitted prior to the recording of the Final Map which Indicates that taxes have been paid or a bond has been posted.

9. A Final Map Guarantee shall be prepared and provided to the County Recorder.
6 77
1 o. When the submittal has been technically approved, the original mylalli and a conforming mylar will be signed and notarized (notary shall not be stamped on the map) and delivered to the Public Works Department.

11. Developer shall include a Public Utility Easement of ten ( 10) feet along all road frontages.

12. For all properties within 1,000 feet of agricultural operations, deed notices shall be recorded with the final map. The deed notice si,,11 requite property purchasers to acknowledge the existing and ongoing commercfaJ and/or ~gricultural u$es on adjacent and nearby properties, and the Merced County Right-to-farm Ordinance.

13. Bullding Master Plans shall be approved by the Community and Economic Development Department and Building Department prior to issuance of the first building permit and shall be consistent with Final Development Plan#201~1.

14. lmpr'Qvement Plans shall be submitted to the City for approval prior to/or concurT&nt with the application for each final map and the follQwlng note shall be required: "The Contractor is "$ponsible f~r prot~ng and preserving survey monuments and other survey markers. Any survey monuments damaged as a direct or Indirect result 9f construction activities shall be re-established by a duly licensed IMd surveyor aUJ1e CQntractor's sole expense. A comer record shall be flied In accordance wifh State faw for any reset monuments at the Contracto(s sole expense.• ·

15. Improvement Plans shall include a street slgnage and striping plan to be approved by the Public Works Director.

16. On-site Improvement$ may be CQnstructed prior to the recording of the final rnap subject to City approval of Improvement Plans and payment of appffcable plan check and inspection fees. and satisfaction of all construction conditions of approval.

17. Off-site public improvement plan(s) shall be submitted to the Public Works Department for approval prlQr to/or concunent with 1he application for the Fin.al Map. The developer shall not commence off-site Improvements until approval Is received by the Publtc Works Department. The developer shall enter Into a subdiVision Improvement agreement with the City and provide labor and maintenance bonds hi an amount of 100% of t~e Engineer's Estimate for public improvements to be completed following reQOrdation of the Final Map.

18. The project Is subject to the appropriate Development Impact Fees as established by the City~
7 78

19. Private property owners shall be responsible for the maintenance of sound walls and decorative masonry waifs located on private property.

20. The c1ppficant shall obtain City approval in advance for permanent and temporary on~site and off-site signs through separate sign reviews and bonding consistent with the development criteria of the Los Banos Municipal Code - Sign Ordinance.

21. It Is the applicant's responsibility to ensure that the development complies with the Americans wHh Disabilities Act requirements.

22. It shaU be the responsibility of the applicant to (X)nvey .copies of the conditions of approval to all contractors and sub-contractors.

23. Building permits will be issued in accordance with City Subdivision Polley that identifies the improvements required In order for a building permit to be issued.

24. All struc;tures, foundations, and footings for f\JtUre buildings on the project site shall .be designed and constructed to conform with the current Unifonn Building Code for Seismic Zone 4 to minimize structural damage resulting from potential seismic activity.

25. An engineering soils report shall be prepared for all projects in order to identify soil characteristics requiring special structural design. On~site and off-site strvctural design shall confor:m to the findings and recommendation of the engineering soils report. The report shall be p~p~red prior to issuance of a gradlnQ .. permlt, subject to review and approval of the Los Banos City Engineer. ·

26. Prior to issuance of building permits for development of sensitive residential land uses {e,g. houses, schools, parks, day care}, or other uses in which persons may contact solfs ), a Phase 1 environmental assessment shall be prepared to determine ff solls contain hazardous materials. If ne~ssary, a remediation plan shalt be created and implemented. The assessment and any necessary remediation plans shall be subject to the approval of the Community Development Department.
27 ~ Improvement Plans and Grading Plans shall delineate the location and design of all required walls and fences including retaining walls.

28. Improvement Plans shall include mailbox locations, which must be approved by the US Postmaster and the City of Los Banos.

29. Undeveloped portions of the subdivision shall be controlled of weeds and free of debris and litter.
8 79

30. Due to the possibility that significant buried cultural resources might be found during construction, tl)e following language shall be Included in any permits Issued for the project site, Including, but not Hmited to building permits for future development, subject to the review and approval of the Los Banos Ptanning Division:

If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find ang the area shall be staked off. The project developer shan notify a qualified professional archaeplogist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented.

31. In the event of an accldental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure t"at this langutlge Is .Included in all permits in accol'danoe with CEQA Guidelines section 15064.S(e):

If human remains are found during construction there shall be no further ex~vation or disturbance of the site or any nearby area ~nably suspected to overlie. adjacent human remains until th~ LQs Banos Police Department contacts the coronet of Merced Co1.1nty to determifle that no investigation of the cause of death is required. If the coroner determines the remains to be Native American, the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall ·Identify the person or persons It believes to be the most likely descendent ·from tile d~sed Native American. The most likely descendent may then make re.commendations to. the landowner or the person responsible for the exca~lc,n wort<, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as proVided ln Public Resources Code Section ~097.98. The landowner or his authorized representative $hall rebury the Native American human remains and ,associated grave goods with appropriate dignity on the property in a lo.catton not subject to further disturbance if: a) the Native American Heritage Commission i$ unable to Identify a most likely (fescendent or the mo$t llkely descendent faik!d to nu~ke a recommendation Within 24 hours aftEtr being notified by the .commission; b) the de$<:endent identified fa.fls to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.

Pre,-Construction. and Construction

32. A minimum 200-foot separation shall be maintained between residences and .material stockpiles, debris ptles or containers and equipment storage during the construction process. If such storage must be located within 9 80
200 feet of a residence, a slx .. foot high opaque fence shall shield the storage area from view When the stQrage area is inactive for more than eight hours. This requirement shall be incorporated Into the specifications for all construction plans, sul)ject to review and appro\#tll by the City of Los Banos Community and Economic Development Department.

33. Two points of all-weather access shflll be provided to all areas of the development during alt phases of construction to the satisfaction of the Fire Department In areas where resl~entlal units are under construction.

34. Temporary construction trallers shall be pennltted only in areas Immediately adjacent to or within that portion of the subdMslon where active subdivision construction is taking place. Placement of said con$b'Uctlon traller Is subject to the Community and Economic Development Director approval in accordance With Title 9, Chapter 3, Article 38, Temporary Use Ordinance of the Los Banos Munfcjpal Code.

35. During construction, and for safety purposes, the developer and as$igned contractors shall keep the public light•of~way clear of obstructions, and provide for clean up on a daily basis.

36. Prior to acceptance of public improvements, all entries to the subdivision shall be barricaded to prevent the public from entering the construction site.

37. Undeveloped portions of development sites shall be controlled of weeds and free Qf debris and litter. The appltcant shall provide protection against wind and water soil erosion on undevek>ped portions of the project site.

Temporary vegetation on undeveloped portions of the project site shaU not be allowed to grow taller than eighteen inches.

38. All contractors and subcontractors perfonning work relative to this project shall obtaJn City of Los Baoos Business LJcenses, prior to start of work on the project. All work pe~ormed on the project shall comply with the requirements of the State Business and Professkms Code.

39. Construction shall be iimited to those times allowed by City Ordinance:

Monday through Friday from 7:00 am to 7:00 pm; Saturday from 8:00 am to 7:00 pm; and Sunday from 9:00 am to 7:00 pm. Properly muffled equipment shall be used.

40. The developer shall incorporate $Oil erosion control measures into grading and drainage plans that comply with NPDES storm water regulations.

These measures shall be monitored for effectiveness by the City of Los Banos. Such measures may include, but not be limited to, the following:
a. Limit disturbance of 80ils and vegetation disturbance removal to the minimum area n~ssary for access and construction;
10 81
b. Confine all vehicular traffic associated with construction to the right-ofway of designated ae¢8Ss roads; c. Silt fencing ins~lled In accordance with the American Soc;iety for Testing and Materials standard 06462.
d. Adhere to construction schedufes designed to avoid periods of heavy precipitation or high winds;
e. Ensure that all exposed $Oil is provided with temporary drainage and soil protection when construction activity is shut down during the winter periods;
f. lnfonn construction personnel prior to construction and periodically during construction activities of environmental concems, pertinent laws and regulations, and elements of the proposed erosion control me&St.1res;
g. Compliance with National PoUutlon Discharge Elimination System (NPDES) permits administered by the California Regional Water Quality Control Board; and
h. Development of a plan to employ best managemellt practices that reduce the level of pollutants discharged into natural waterways and wetlands.

41. Where standard comer lot side yards abut .a street, a minimum three-foot landscaping area shall be proVided between .the back of sidewalk and the fence.

42. Restricted access rights shall be irrevocably offered for dedication to the City along the rear edge of private property where properties back onto streets, and shall be shown on final maps.

43. Ma$0nry waifs shall be decoratlve and in conformance with the Final Development Plan. A minimum 3 foot landscape atea shall be provided betw~n the back .of the sidewalk and any ma$0nry walls.

Air .QualitY;

44. Housing units shall be oriented to maximize passive solar cooling and heating when.practicable.

45. Gas fired appliances shall be low NOx emitting appliances complying with Califomia NOx Emission Rule#1121.

46. The developer shall comply with all applicable Indirect Source Rule requirements of the San Joaquin Vaffey Air Pollution Control District. 11 82
Developer shall prepare an air emissions reduction if required.

Access and Circulation:

47. All street traffic impact fee reimbursements shall be per the Transportation Impact Fee program (TIF). The reimbursements shall only apply to Ward Road up to Overland Avenue intersection and Overland Avenue.

48. Full width improvements for Ward Road from the southerly boundary of the project to the northerly boundary, shall be constructed in conformance with the phasing plan as approved by the Public Works Director.

49. No driveway access shall be allowed from or on Place Road or Overland Avenue.

50. Ward Road shall be designed wi\h a minimum 59' public right-of-way.

51. The Class I and H bicycle paths shall be desigoed in conformance with Caltrans design standards, and shall specifically be designed to reduce intersection conflicts between cyclists and automobiles, using signage, lighting, and/or special street pavement treatments at and near points of intersection.

52. The devela,per shall be re$ponsible for constructing public streets per the Vesting Tentative Tract Maps including, but not limited to curb, gutter and sidewalk, decorative masonry waU, and landscaping where noted.

Improvements to arterials and collector streets shall be completed prior to occup-ancy of any use within the project boundaries, and improvements to neighborhood streets shall be complete prior to occupancy of any house that requires the street for access.

53. All street sign age and striping within the project area shall be approved bY the Public Work$ Department and shall rneet all line-of-sight requirements. 54, Pri<;>r to acceptance of subdivision improvements, the developer shall install all street and traffic control signs, pavement striping, and street name signs in accordance with the public improvement plans and City standards.

55. Final Map(s) shall show a non-access strip 12 inches in width on private property along the frontage of arterial and collector streets, except at driveways, for the purpose of constructing sound walls and decorative masonry walls.

56. Prior to acceptance of the subdivision improvements, the developer shall be responsible for installation of all street and traffic control signs, pavement striping, and street name signs in accordance with City and/or Caltrans standards.
12 83

57. The developer shaU be responsible for obtaining encroachment pennlts from the City of Los Banos prior to performing .any work within the City's right-of-way;

58. The developer shall design and Install traffic cal,riing measures throughout the project area as approved by the City Engineer.

59. Traffic calming shall be provided on the existing ~nd ~re Castellana Street and Palermo Street.

60. Traffic calming measures may Include, but are not limited to, raised intel'SQCtions, speed cushions, stop signs, varied cross sectiQns, and roundabo.uts.

Land8$i@~ and LlglJtjng Qlstrfct:

61. Prior to approval of any final or parcel map, the developer shall form or a_nnex ~e $Ubject property to ,a ~ightinQ and Landscapir,g Di$trict 'C1'8ated for purposes of maintaining public landscape areas, slgnage and pubffc lighting including a sttate of tfafflc signal malntenanoe c»sl$ as alltt1orize<1 pursuant to the L.and~pe and lighting Act. Of 1972, Part 2-of OIVlston 15 of the catlfomla Streets and Highways Code, and Attlcle XIUD of the CalifQmla Coristftutlon. The form, terms and oondftions and the tax rate for U'ie formatkm of the Lighting and Landscaping District, or .In the altemative the annex,tk>n of the subject -property to an exi$tl~ district, shall be as approved by the City Council, as detennined in its sore .and exclusive discreii<m •. It is the 1ntent of the p~lties that the assessment Qf th_e subject property will be apportioned to ea'ch parcel In .proportion to the special benefit it receives, District form~on or annexation shell be at the sole cost of the developer.

Utilities:

62. The applicant shall construct water, sewer, and storm dr$inage facilities as noted on the Vesting Tentative Tract Map, In accordance with City standard$. Tt)e project staall comply with the Cllrrent City Plans, Stand~s. and S.pecifications, .all Master Plan requirements; and the appiicam shall ·WQJ'k with the Publl~ Works Department ln regards to needed infrastructure and development during the Improvement Plan Review $1:age.

63. In oonfo!1llance with the $ubdivlsjon Map Arie, the developer shall permit Installation of underground cable television delivery systems within public utility easements. Ali dwellin9s shall be made cable ready.

64. Pri9r to approval of Improvement Plans or Final Maps. the developer shall obtain any necessary easements for utilities across adjoining properties. 13 84
Wg_ter:

65. All existing . overhead utilfties shall be placed undergrt>µnd with the exception of high voltage power lines. No new overhead utility lines and equipment shall be shown on Improvement Plans and Grading Plans.

66. Where the invert Is six feet or greater below finish grade, a minimum clearan<:e of five feet from lip of gutter to the edge of pipe shalt be provided for underground utility llnes.

67. The proposed project shall oonfonn to the requirements of the Los Banos Water Master Plan, including payment of the water connection Impact fee.

68. Approved backflow devices shall be installed as required.

69. Domestic water servjces shall not be placed in driveways.

Sewer:

70. The •war collection system shall connect to the MeadoWfands sewer 11ft station.

71. Upon l$Suance of a building permit reimbursements for the Northgate Sewer Lift Station shall be payable 1n· accordance with the Northgate Sewer Lift Station Reimbursement Agreement

72. The developer shall construct .$.II on-site and off-site sewer facilities necessary to serve the project, subject to reimbursement for over-sizing, as determined t,y the City. ·

73. Prior to submission of improvement plans for the first phase of developm~nt. a Master Sewer Plan for the development shall be $1,ibmltted, reviewed, and approved by the City Engineer.

Storm Drainage:

74. The development shall provide stonn drainage to the new ba$in, and then discharge directly to the San Luis Canal; as described In the Storm Drain Conveyance and Pump Station Analysis dated January 14, 2005, subject tQ the review of and as may be modified .by the City Engineer. All improvements to conform to the City's Storm Drainage System Master Plan. All deviations to be approved by the City Engineer.

75. Final Improvement Plans for the storm drainage system shall utilize the TR-55 analysis method.

76. Adequate capacity for the storm drainage detention needs of Pacheco High School shall be accommodated within the new storm drainage basin, 14 85
described in the Storm Drain ConVf!yance and Pump Station AnalY$iS dltf)d January 14, 2005, subject to the review of and es may be rnodffied by the City Engineer.

77. Prior to acceptance of flna.J lmpl'Qvement Plans, the appllcant shall $Ul>mlt verification frorn the mariufacturer that the pump station capacity is ad~uate for full basin to shut..off operational ex>nditions,

78. Flnal lmproVf!ment Plans shall include concrete struelltres at stom, basin Inlets and outtets. Rip-rap shalt not be considered acceptable. The structures shall prevent nuisance water by diverting directly to the pump station.

79. All development shall oomply with the Phase II storm water .regulations.

80. Final Improvement Plans for the storm drainage system shall be submitted to the City and revi.ewed and approved by the City .Engineer prior to issuance of a grading permit ·

81. The Developer shall generate a Storm Water Pollution Prevention Plan (SWPPP) for pre and .pQ$t con$1J'Uctlon best management pra~es (BMPs). A Notice of Intent (NOl) shall be submitted and approved prior to construction by the State Department of Water Resources.

82. Off-street parking shall be provided at the detention basin for a minimum of 10 vehicles as approved by the Pubtlc Works Director.

Public Safetv:

83. Fire department requirements for the placement of fire hydrants shall be complete. prior to approval of devel()s>rnertt permits.

84. f'ire hydrants sha.11. ·1>e insbillec:1 at locations approved during the Improvement Plan stage and shalt be in$talled based upon City $tand~rds.

85. The developer, as specified by City development f:rtendards, shall in$tall "Blue Dof' fire hy(lrant locators.

86. Each residenee shall have a 6-lo.ch lighted address numbers of contrasting color installed on t~e front elevations or alternative sl:ze as agreed to bY developer and Fire Chief.

87. The developer $hall comply With the City Fire Codes and regulations subject to Fire Department approval In regards to building requirements, fire hydrant placement, and sprinkler requirements.

88. Fire hydrants (or other methods approved by the Fire Chief) on Overland Avenue shall be in place and functioning prior to approval of the fil'$t 15 86
residential building pennlt. Fite hydrants (or other methods approved by the Fire Chief) shall be operational to the •Usfaction of the Fire Chief prior to combustible material being located on the site.

89. Street names shall be approved by the Fire Department.

90. Driveways, par1<ing lots, water lines, fire hydrants, and underground utlilties shall be CQmpleted prior to Issuance of building permits.

91. Upon completion and approval of the prc>jeot plans, a CD shall be submitted to the Fire Department providing information on street layout, hydrant locations. water mains, sto.nn ~rain inlets (I.e. Fire Department pre-planning).

Landscaping:

92. All residential lots shall have fully landscaped front yards prior to occupaocy of each dwelling. Front ·yattJ landscape plan$ shall be submitted with the development Master Plans prior to buUdlng pennit isSt,Jance .and shall I:>$ approved by the City Engineer and Community and Economic OevelOpment Director.

93. The developer shall comply With the adopted street tree ordinance.

94. Masonry walls shall be landscaped with vines to discourage graffiti.

95. The applicant shall submit landscape and irrigation plans with each phase of the Improvement plans for City review and approval of streetscape landscaping. ·

96. Landscape plans for single-family residences shall utilize drought tolerant plantings .for no less than 75 percent of mmt yards. Turf varieties shall be chosen for drought tolerance. Irrigation s.y$tems shall be set to minimize waJer use and spillage onto paved areas.

97. Landscape plans shall be designed In accordance with Title 10, Chapter 2, Water Efficient Landscape Ordinance of the Los Banos Municipal COde. 18 . '
87 THIS PAGE IS INTENTIONALLY LEFT BLANK
88 LOsBanos
At tl,e Crossroads of Calif onlia
Agenda Staff Report
TO: Mayor & City Council Members
FROM:
--:-
Soknirorn Than, P.E., Public Works Director/City Engineer _5t-. J L_ DATE: April 20, 2022
TYPE OF REPORT: Consent Item
SUBJECT: Accepting Public Improvements for Southpointe at Regency Park, Phase 5 Recommendation:

That the City Council adopts the Resolution accepting Public Improvements for Southpointe at Regency Park, Phase 5.

Background:

The Tentative Tract Map No. 2015-01 was approved by the City of Los Banos Planning Commission on May 11, 2016 by Resolution No. 2016-13. In November of 2018, the Public Works staff was contacted by the developer; Stonefield Home, Inc., a California Corporation, for Final Map approval. The City Council adopted the Resolution No. 6352 approving the Final Map for Southpointe at Regency Park, Phase 5 with accompanying Subdivision Improvement Agreement on April 21, 2021. In January 2020, the developer contacted Public Works for the approval of Improvement Plans for Southpointe at Regency Park, Phases 4, 5 and 6. The Improvement Plans were reviewed and approved by the City's Consulting Professional Engineering Firm as well as the Los Banos City Engineer. During construction and upon completion, the site was inspected and deemed substantially complete by the City. The Landscape Plans were submitted to the Public Works Department for Southpointe at Regency Park, Phases 4, 5 and 6 for review and were approved in July 2021. In April 2022, the developer contacted the Public Works Staff to request acceptance of Public Improvements for Southpointe at Regency Park, Phase 5. 89 Discussion:

The subject is generally located within the area bounded by Northpointe at Regency Park Subdivision to the north, Verona Subdivision to the south, Place Road to the east and future Ward Road to the west, more specifically identified as APN. 424-120-019.The applicant is Stonefield Home, Inc., a California Corporation. The map consists 20 single family lots on 3.84_:!: acres. This Final Map is in substantial compliance with Tentative Subdivision Map No. 2015-01 and public Improvements were subject to all Subdivision Improvement Agreement Conditions. A Landscape and Lighting District Letter of Inclusion was executed for the parcel.

Fiscal Impact:

All public improvements for Southpointe at Regency Park, Phase 5 have been completed by the Developer. A Maintenance Bond in the amount of $29,016.40 shall remain on file with the City of Los Banos for a minimum of one year after the acceptance of public improvements. All other required processing, development, plan check and inspection fees to date have been paid.

Reviewed by:

Josh Pinheir ,
Attachments:

Resolution
Site Map
Recorded Final Map
Recorded Subdivision Improvement Agreement
Exhibit A Original Engineers Estimate
Exhibit B Conditions of Approval
Resolution No. 6352
(
~ v ~ l LJ~ onya W~ Finance Director
90 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS ACCEPTING PUBLIC

IMPROVEMENTS FOR SOUTHPOINTE AT
REGENCY PARK, PHASE 5.

WHEREAS, the City Council of the City of Los Banos has received a request from the developers of Southpointe at Regency Park, Phase 5 that Public Improvements, for Southpointe at Regency Park, Phase 5 be accepted by the City of Los Banos; and, WHEREAS, the City Council of the City of Los Banos has reviewed said request and finds that the public Improvements of said project are in a position to be accepted by the City of Los Banos.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos that does hereby accept the Public Improvements for Southpointe at Regency Park, Phase 5 as presented.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 20th day of April, 2022 by Council Member ____ _ who moved its adoption, which motion was duly seconded by Council Member --- and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Manuel Thomas Faria Ill, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
91 THIS PAGE IS INTENTIONALLY LEFT BLANK
92 Site Map
Southpointe at Regency Park Phase 5
93 THIS PAGE IS INTENTIONALLY LEFT BLANK
94 OWN£R'S STATEMENT
NE; 1HC UNDERSICNW, 00 H£REBY STATE TH4T 11£ ARf THC OWNERS OR H4~ 5()M£ RIGHT, 111U; OR INTCRESf' OF RfXORO IN THE LAND SHOWN ON THIS IIAP AND If£ CONSENT TO TH[ PRfPARATION ANO RfCORD,mON OF 1HIS MAP. M£' ALSO HEREBY OFF£R AN IRREVOCASL£ DEDICATION ro THE arr OF LOS BANOS, AS fASDIENrS. F'fJR PUBUC USE;, All. PU8UC tJTIJ.ITY EASEIIEN1'S (PUE), ALL SIDEWALK fASDl£NTS (SE}, ANO ALL LANDSCAPE E'ASEJIOITS {LE): 11£ AL5l:J OFFER NI IRRE\OCABL£ DEDICATION TO THE: CITY OF LOS 8NIOS. IN FEE. FOR PU8I.JC US( All. STREET RIGHTS OF MO~ N£ ALSO RElHJUISH Al.1. ACCESS RIGHTS Of' LOTS 247 IND 2-fB TO NKJ FROII RITUI/£~ """" . • AU. AS SHOWN ON THIS FIHAL 11N'.

OWNER: ~~I/CAI.JFORNIA CORPOR4710N
BY, ~ ~ ~~3-2-¥-2( /tilL1i 'P=,-v,.,r
~F'IDEUTY NATIONAL 1TTlE COMPANY OF CAI..JFORNIA. A CAI.JFORNIA CORPORATION BY'd:,liqA,.,. J/IU,.,·'16rM ll<JZ:· 't>ZN«:k .;z 2 ::UW , SICNA711/1£ UY: :D:,·a.-i", IJ ,JQe;., a, 4,$:s, ..... t/. P. au1: PRINT NAJI£ ANO T1Tl.£ - - ------- NOTA/?Y STATEMENT
A NOTARY PIJ8UC OR O'/HER OFFICER COMPl.£T1NG 1HfS C£RTIF1CAT£" VfRfF1ES ONLY TH£ IDEN1TTY OF TH£ INOMOUAL WHO SJCNED TH£ DCOJMfNT ro WHJCH THIS comFICATc IS ArrACHCD, ANO NOT 'THE TRUTHFULNESS, ACCUR4CY. OR VAlD1Y OF 1HM DOCIJl,l£NT.. ~~DFv~tuJt Js.s. ON Qh .. c.,..... »f , 2021, 8ERJR£ 11£. \lt~~ ~ ;L,,',,\.M A NOT- PUBUC. P£RSONN.1.Y N'PCNIBJ _ _,, f:5<" "-'-'8) - ~ \l.,,d>h=., ,.oc}'.., =....,c,-c._ _ ______ _ ltHO PROvFD ro M£ ON THE BASIS OF SATISF"ACTORY £1,1/JENCE TO BC THE PERSON{$) WHOSE NAM£(S) IS/Nif SUBSCRl8£1) TO 7'H£ WITHIN /NSTRWOIT, ANO ACKNOWLEDGED ro 11£ THAT Hf/SH£/THEY EXECUTED TH£ SNIE IN HIS/HER/f>IEJR NJTHOf/lZED CAP/CTf(IES), AND 1HAT l1r HIS/llfR/11IE1R SICIWI/Rf(S) ON THC IIIST11I.MDff TH£ PERSCH{S), OR TH[ ENm'Y UPON B£HMF OF 'tlMOf 1HC PCRSON(S) ACTED, EXEaflf1) TH£ liSTRUM£Jff.

I CER11FY UNDER PENALTY OF P£RJUR'f UNDER 1HE lAWS OF THE STATE OF CALJFORNJA THAT TH[ FOREGOING PARAGRAPH ts 1Rt1F ANO CORRECT. =,: ,~.., \-½-- PRIHCIPAL COUNTY Of BUSINESS, !NXt.d
COMll1SS/ON NWBER, '.n'\: 2,,"1!1
UY COi/MiSSiON EXP/I/ES, ,. ' 't 'J.,lfl,~

NOTARY STATEMENT
A N<JT'AIIY F1U8UC OR OTHfR OF11CER COIIPl£TTNC TMS ClRT1FICA1F: ~ ONLY TH£ fDlMT1Y OF TffC fNOM(Jf,JA,L lt1«> SICN£D THE OOCUIIENr 10 WHfCH THIS comACATf ts AmlCHW, AND NOT M TRIJTHFUl.NESS. ACCURACY. OR VAl..JDf1Y OF THAT DOCtN!Nr. ~OF~C<"'P js.s.

ON -m 0/t?c>t g 'I . 2021. BEroR£ 11£. L • (<qg,' J)e L0.110,..

A NUTMYPUBUC, PERSONAU.YN'PfNl£D --::z>,,.11e If. lq;c;in {(I,\ MIO PRCMD ro JI£ ON 1HE. &WS OF $U1SF"ACTDRY £\lllJENCC 10 8£ THE POlSON{S) ,tHOSE" HAMC(S) IS/ARE 5V8SCRIBED 7D TH£ - INSIRJJtlENT, AND ACK1/0Wl.EDGED n, ME 1HAT H£,/SH£/1lfrr fXfWTfJJ TH£ SAIJ£ IN HIS/HER/THDR AUTHORIZfD Gi4PActnf.6), ANO THAT SY Hf5/HERITH£1R SICH4nJRf(S) ON 7HE: INSTRIJIIENT TH£ PfJISON(S), OR TH£ ENTm' UPON BEHALF Of WHICH TH£ PERSCN(S) ACIED, EXECUIED TH£ /NSTRUIIDIT.

I CERTIFY UN0£R PfJW..TY OF PERJURY UNf£R TH£ LAWS OF TH£ STA1F OF r.AI.JFORNIA THAT THC FOREGOING PARNJ/W'H IS 1RUC AND C0RR£a.

Wf11iES$ MY HAND
SK/1'<1V/1£,&•~ 4r COW/SSIOIINUIMR, d'1'{{p;?,3'0
""1NC/PIJ. COUNTY OF 8USIN£5Sc ---m ~ eJ) IIY COINISSION EXP11n ,I - //J • zp.z£ DATE: J/ 4/2021 15:.JB FIL£: M.·\ ,0002, \Suntey Dn11,1n9s\PH4SE' 5\SP PHS-01.dwg TRACT NO. 2015-01
SOUTHPOINTE, PHASE 5
8£/NG A SUBDMSION OF LOT 8 SHOWN ON SOUTHPOINT£ AT REGENCY PARK.

Fil.ED IN BOOK 81 OF OFFICIAL PLATS, AT PAGES 20 10 24, ll£RCED COUNTY RcCOROS, LYING IN ScCnDN 12, 10WNSHIP 10 SOUTH, RANG£ 10 £AST, MOUNT D/ABLO BAS£ AND M£RIDIAN,
CITY OF LOS BANOS, COUNTY OF MERCED, STAT£ OF CAJ.JFDRNIA MARCH 2021
0 ---=8=~=~=~=1f~=M=tA=~=~=o:=!=~=~~=E===~=::=G=9;=!='M=C~.

QMmED SJGNAU/Rf STATEMENT; PURSUANT ro SEC1ION 664J6 or_ THE SUBDMSION MAP ACT, THE FrJl.l..f!WINC 5/CNATURES ~vc BEIN OMmm:

T'fP£ OF INTCRCST:

IN FAKJR OF: D£ED R£FfRO!re
rm: Of ll{1fJIEST,
IN FA\.OR OF: D£ED RUU1ENC£
SANfTNrr'SEltERCAS£IIOIT"
arr OF LDS 8AN()S
8()()1( J156 OF omcw.. RECORDS. PACE 887, M.C.R .. HECORDED 1 AOOUST. ,998 ANY RfCHT OF ENTRY AND £ASEJl£NTS NECESSARY FOR M PRODUCTION, lXPLORATrON OR sro~GC or OU.. OR llfNERALS "'10 SPINA ANO R0SAJ.J£ SPINA BOOK 806, OFFICIAL R£roRDS. PACE ~ M.c.R .. R£CCliDED JUN£ 4, ,945 PW{NtNG COWISSIQN STATEMENT I, STACY SOUZA El.MS, DIRCCTOR FOR THE art OF LOS BANOS fXNIIII.INfrr NID ECONOMIC DfVEl.OPIIENT DEFWmlENf, DO HER£11Y STATF THAT I ~VE" EXAMINED THIS FINAL MAP OF iRACT NO. 2015-01 SOtmfPOINTC.

PHASE s: AND THAT THE SU80MSION IS SUBSTAN11AI.LY THE SAM[ AS THAT SHOWN ON M llM'Am.£ l,IAP APPROVED Br' TH£ CITY PIMNING COIIIIISSKJN ON TH£ 11TH lMY OF ~r. 2016. ANO THAT THIS FINAL MAP Of iRACT NO. 2015--01 SOUTHPOIN'TE. PHIS£ 5• COIIPUES IKTH AU. R£OUIRfJl£NTS OF S4ilO PWIHING CONII/SSION.

DATED 7"IS ~ ~y OF f¥1c,1 , 2021.

ST~~ ECON<MIIC OE>a.lJPIICNT Df11£CTOR
arr OF LOS BANOS
RIGHT ro FARM STATEMENT PER Jl£RC£D COUNTY ORDINANC£ NO. l21J:

THE: PROPERTY DESCRIBED ON 1H£ HER£OH SHOWN MAP IS IN 1H£ VICINfrY OF w«J UT1UZ£P FOR AGWQ UIJIW.

PURPOSES ANO RESIDENTS or 1Hl5 PROPERTY "4Y 8£ SUBJf:CT TO INCONVENfEHC£ OR OfSCOIJFOHr ARIS'IHG mDII THE USE OF" AGRICULTURAL CHEJIICAJ..S. INQ.fJOING, BUr NOT UMfTED ro, PESTK:ID£5 AND FER11UZERS, ANO f'ROII 'TH£ PURSUff OF AGRICULTURAL OPERATIONS INCLUDfNG, 8/JT NOT UM/TED ro, Pl.OWING, SPRAY1NG, ANO BURNING WHICH OCCASIONAJ.LY u-iY GOIEP.AT£ DUST, SMOKE:, NOfS£. AND ODOR.

THE COUNTY or ltl£RC£D H4S ESTABl.JSHEI) NJRtCI.Jl.nJRE AS A PRIORITY US£ IN AGRA'.U.1lJRAL ZONES llf1l0-I ARf 0//1SIO£ Of AN ESrABUSHfIJ SPfCIFIC 111/fJAN D&f1.DPtl£NT (SVOP) ,.,,,,,.....,., R<IRAL l1ESIOEN7l4L CENTfR (RR<;} B0/.11/0Mr, HIGHWAY INlf1IC1WiGE CENTER (HIC) 80IJN1JARY, OR AGR/CU/.,,_ SS1V/C£ CENTfR (ASC) IDUI/DAHY, AND R£SIDlNTS OF PROP£KTY IN TH£ VICINf1Y OF SUCH AGR/CUL71/R,4L ZONES SHOULD 8£ PREPARED TO ACCEFr INCOfMNIENC£ OR DISCOIIFORT FROII NORIIAL. NECESSARY ACRICUL1URAL OPERATIONS.

SUFMYOR'S STATEMENT
THIS IIAP WAS PREPARED BY MC OR UNDER MY OIRCCT10N AND IS 84S.ED UPON A F1E1.D SURVEY IN CONroRUANCE Wffli THE RCOUIREJIENTS OF THC SUBDMSION MAP ACT AND L004L ORDINAC£ AT m£ R£0U£Sr OF GREG HOS1FTLER IN JlR..Y 2017. I HERC8Y STA1£ ~T THIS F1NAl WrP SUBSTNlrlAJ.LY CONFORMS 1D THf APPR<N£D OR CONDITIONAL APPROVED 7ENTA7M' ,W4P, THAT All. lilONUMENTS AR£ OF THC ~ AND OCQ.f'I' THE POSmOHS INDICATED. OR ™-'T 1HEY KL 8£ S£r IN 'THOSC POSIT10N5 8£FDRE SW StJ8DMSION lltlPROVDlfNTS ARE ACC£PTED er THE CITY OF LOS BNIOS. ANO 1H4T 1Hf MOMAIENTS AR£ OR MU.

BE SUff1CIENT ro £NABt.E THE SU/MY ro BE RETRACED.
~TfD 1"'S ~ ~y Of tit:&::•! . 2021.

MIC~~ -
CITY $UIMYQR'$ STATEMENT I H£REB'f STATC THAT AT THE RE0UESr OF TH£ etrY ENGINEER OF THE CITY OF LOS 8WOS, I ~I.£ £XAAIJN£D THIS FINAL MAP AND 1HAT I Ml SA11SF1ED 1HM THIS MAP IS TCCHNJCA,U Y CORRECr AHO COAIPU£'S WITH APPUCABL£ PR<MSIONS OF TH£ SIJBIJMSlON ltJAP JCT.
~IED THIS~~> 1..- , 2021.

CITY ENGINEER'S STATEUFJ{[ I H£RE11f STAlf THAT I "4~ UAMINED 1HIS FlfiK IIAP AND STAT£ THAT 1H£ SIJBDMSION SHOWN H£RmN IS SIJSSTAN11Ml.Y THf SAIi!' AS ff APP£AR£D ON 1HE TENTAm.£ WrP AND ANY APPROVED ALTFRATION$ THEREOF, THAT All PROVISIONS OF 1H£ SU8DMSJON MAP .ACT AND AN'/ LOCAL ORDINANCCS OF THE CITY OF LOS EMN0S ANO ll£RCCD COUNTY. APPUCAIJL£ AT THE TIME OF APPROVAL OF TH£ n:NT~ IMP .-«~ ££EN C0MPLJED WITH. ~IED 7"IS 2_,~y OF fu..;, l , 2021.
car CLERK'S STATEMENT I, LUCY IJAU.ON£C, ctrY a.ERK OF THC arr OF LOS 8'J«lS. ST.41£ OF CA/.JfDRNIA,, 00 HER£IIY STA1f THAT :, ~ YI!! D4~ e:'1,f" ~f,(JF TH£»£~~: =:;;Ar:~~,':::, SOIITNPOfNTC, PHASE 5• WAS APPROVED; ACCEPTED ON BEHALF OF THE PUBUC, fTJR PUBUC US£. TH£ OFFER OF D£lJICAT10N IN fASEM£N'f OF All PUBLIC IJT1UTY EASEMENTS (PUE), ALL SJD£WALK £ASDIENTS (SE}, IND ALL UNDSCAP£ £ASfMHTS (IE), TH£ OFF'ER Of DEDICATION IN FF£ OF AU. STll£ET RJCHTS OF WA t ti£ ALSO ACl(NOWl.£DG£ THE R£IJNOUSHJl£NT OF ICC£SS RJCIITS OF LUTS 241 AND 248 ro AND FROM FUTURE WARD RON>; ALL AS SHOWN ON THIS fflAL "'1P. °']; THIS -zi,r "4Y o; Pup..-\\ • 2021.
➔• <.dA... -f • . J-{f.ufi--..c..,._ l l/l!J.1.0NE£. arr a.ERK CITY OF LOS 8WOS RECORDER'$ STATEMENT
FWJ THIS .211... a,y OF' A-pRi L- , 2021, AT /0 : O'] O'CWCK A M, IN BOOK ~ OF OFFICIAL PIA~ AT PAGa' [ il.. - II./ . ALC.R.

OWNER: AT 1H£ REQUCSr OF ~ HOii£. MC. A ~ CORPORATION
FF£, $ S ''i. ~ "J>OL "4f= ;,oa,-o 1qro'? MArr H. U4Y. COUNTY RECORDER 8'Y, C ro/w,d 0!f1vf • Df1'lflY
BOOKa PAGE /~ SHEU I OF J
95 WAIL A {Narn>SCNJ)
Dt 56' PUC (8)
240
FOUND BRASS TAC STMIPE11 '1S B(U(}~
AS 1' W.C. {C)
239
a<m J/4/21)11 15'JB nw .. , 100025\Sun.,, -\PHASl 5\SP PHS-OZ.dwg il'
~
~ ~

SUBDMS/ON SUMIIARY
2JJ LOTS
S1IIECIS
LOT G
n>TA<
2,86 ACRES
.98ACRES

3.88 ACRES

7.12 ACRES
N89"51'1H"ff
107.02'(11)
~ Nt'11'58"F
/BXC} 20.69'(1/)(B}(C}
N88'4B~2"ff J84.6J'{ll)(B)
~
~
~216
~
ij217
Nt"11 '58"E: ,,.oo·
255 254
LOT G .J.88 ACRES
N88'.flJ'02'"YI 561.()J'
253 252 251
~~sf.e stlf.~,
240 241 242 243 244
224

OVERLAND AVENUE
---,
330
329
328
327 i 326
325 I 324 (
281 l 286 I 28s I 284 I 28J I 282 I 281 I 280 -1- -+ - ~ ~ - t -1- ~ - 288 I 2s9 I 290 I 291 I 292 1 293 I 294 I 29s n\po1NT£' ---'---'_,,.
soi/,~s£ :41 -~- - az-o.P- 1 I I
\
\
I \
I \
I
I
I EAST-UN£ OF
I--TSEC170N 12
I
I
I Wf5T lJNE OF
(
STORM DRAIN BASIN EASDIENf
/8)
\
TRACT NO. 2015-01
SOUTHPOINTE, PHASE 5
BONG A SUBDMSION OF LOT 8 SHOWN ON SOUTHPOINTE AT REGENCY PARK, FILED IN BOOK 81 OF OFFICIAL PUTS, AT PAGES 20 ro 24, MERCED COUNTY RECORDS. LYING IN SECTION 12, 11JWNSHIP 10 SOUTH, RANG£ 10 £AST, MOUNT DIABLO BAS£ AND MERIDIAN,
CITY OF LOS BANOS, COUNTY OF M£RC£D, STAT£ OF CAJ.JFORNIA ltlARCH 2021 ~ --=S='E.=1Ji=C=HM=~=R.='K=E.=Wi=G=1M=fEE. =11. =1Ni =G=,='Ni=C=. ,-- v 507 J STT?ID. LOS BANOS. CAJ.JFORNIA, 93635 LEGEND
N01"£: A/.1 PIPE SIZES ARC INSJD£ OIAM£TER
O FOUND J/<" TRON PIPE TM:(;£1) 'IS 8040" PER {B) ANO/OR (C}, OR AS NU1UJ 8 FOUND IIONIJllfl{T IN 1/0NTNENf Will PER {C}
• FOUND GPS MONIJIIENT AS SHOWN ON RU {A)
0 S£T J/4" x z4• IRON PtF'E. TAG{;W ts 8tUO
0 SU J/4" x 24" IRON PIPE, TACG£1J LS 8()4(), IN MONiJIIENT' lt£1.L ___l__ SET J/4" x 24" IRON PIP£. TAGGED LS «uo, AT AU. REAR I.OT CORNERS MID UJT ANGLE J'IK:0 POINTS. 1/HlLSS NOrED AS A~ CDRNER
SET B@\5S TAG STAMPED l.S BtUO IN CONCREJf AT 1.00' llfASURED PfRPENDICUI.AR OR RADi4t.LY FROM RfGHT-DF-WAY ANCl£ AND Ct.JIN£ POlfflS SET BRASS TAC ST_AMPED LS BtUO 1H CONCRa£ AT .I.OD f(XJT PROJlC110H Of ALL LOT UN£S /l{7t) smm:

LL.LLLLLU RESTRICTW ACCESS
O.P. OfflCIAI. PtATS
(II) IIEASUREDONTHISSIJRVF'f
(R)
SIN -- 5™l:HED, FOUND MJTHINC
IE J.ANDSCAPC £.ASEMENT
PUE PU8UC U11UTY EASEl/£1(1'
SC
U.C.R. -- IIERCED COUNTY RreOROS
"" WflNESS COl1Nfl1

BASIS OF BFARINGS
A 08SE1Ml) 8£ARIN(; or N26"2.J'.J2"W WAS IEASI.IRED FOR THC LINC BETWEEN CPS/G/5 1021 AND GPS/GIS 1017 AS SHOWN ON THE GPS SURVa CONTROL. NETWORK F1LED IN BOOK 28 DF SUR\O'S, AT PAGES' 9 ro 12. MERCED COUNTY RECORDS. AHO IS THE B4S1S FOR AJ..1 BE"ARfNCS ON THIS IJAP.

REFERENCES
(A) BOOK 28 OF SVIMlS. PAGES 9-12 CPS SU1MY CONTROL NETWORK, 11.C.R. (8) mACT NO 2015-01, SOl.1THPOlt{lf AT REGENC'f PARK, SOOK 81 OF OfF1CJAL RfCOROS, PAGES 20 ro 24-, 11.C.R. (C) TRACT NO 2015-01, SOIJ1HPOMTF, PHASE 4-, BOOK OF' OFRCW.. RECORDS, PAGES TO , 11.C.R.

BOOK 8 lf PAGE (_:3 SHEET 2 OF 3
96 NOTES
,. AU 8£ARfHCS AMJ OISTNICES SHOWN HER!ON ME AtCAStliEP UNLESS 01HERWrSE NOTED. 2. ALL DISTANCES AND DtllENSICNS SHOWN NE fN FEEr AND LlfDliW. PAR1S mEREOF. J'. ALL RECORD IHFORIAA110N SHOWN IS FROI,/ MERCED COUNTY RE'COROS.

REFERENCES
(A) BOOK 28 OF SUR',OS, PAGCS 9-12 CPS SU1M'Y CONTROL N£TWORK, 11.C.R. (B) ~CT NO 2015-0T, SOUTHPOINTE AT REGENCY P.NM: BOOK 81 OF OFFICIAL RECORDS. PAGES 20 n, Z4, M.C.R. (C} JJW:1" NO 2015-01, SOUTHPOINTC, PHASE 4, BOOK OF OFF1CIAJ. R£CORDS, PAGES' TO , 11.C.R.

I

CURVE DATA TABLE
CUIM lRTA PNJ/IJS IINGTH
Ct 44'J5'32"' 21.00' 16.:J4.'
C2 #"J5'J2" .f.5.00' 35.02'
C, ,.,,., .... 45.00' 70.61'
C4 tKTOO'OO" 45.00' 70.61'
C$ 4<J5'J2"' .f.5.00' J5.02'
C6 44"35'32"' 21.00· 16.J,f'
REMAJND:~o 31 - 0.Pg
g
g
g
I ·-
N88"'8'02 .... 107.00'
218 6.420 s.r.
219
6,420 S.F.
220
221
D41E": J/4/2021 15:J9 FILE: M':\ H10025\S11rwy Orowings\PHASE 5\SP PHS-OJ.dwg I \ <-="'
r •-=
LEGEND
/IKJTE.• ALL PIP£ SIZES Mf£ INSID£ DWICTER
• FOUND .\14" IRON PIP£ TACCED 'ls /JfHIJ" PER (B) AND {)t, (C), {)t, AS NOTED • FOi/NO IIONW£NT IN MCNUM£NT 11!IL PE1I (C}
• FDtJND GPS IIONW£NT AS S1KMI ON R!F (A)
Q S£T' J/4• 1t 24"' IRON PfP£. TAGGID LS 8(UO
S£T J/4• .-, 24"' IRON PIP£. TAGGED LS 8040, IN IIONUJIOIT Jt£U __l_ $CT J/4• 11 24• IRON PIP£, TAGC£1J LS 6()4(), AT ML REAR LDT CORNERS AND J'le O LOT NIGi.£ POIN1S, UM.£SS NOTED A5 A itmlESS CORNER S£T BRASS TAG STAMPED LS lJ(U(} IN CONCR£T'E AT 1.00' UFASURED P£RPfMJICQI.AR OR RADWJ..Y FROM RIGHT-OF-WAY ANGLE AND C~

POINT'S
SET 8IMSS TAG STAMPED I.S BOW 1H ctJHCRETf AT 1.00 nx,r PROJ£'CT10N OF AU LDT 1./NES JNrO STREET.
=RESTRICTED AXt5S
Nl'tt'MT

2.00'(M)(<)
239
J'JIC·,
6Cl00'
254
aooos.r.
6'>,00'
-
8 ~
..
~ ;;
8 ~ 241 i6,000 SJ. ~
,-
;.

60.oor,,xcl"" o
238
LOT G J.88 ACRES
{SEE $HEIT 2)
N88''8'02"W .J52.IJ'

60.(X)' 6().00'
242

6.000 S.F.
237
8 ~
...
~ ,-
;.

I
I
243 6,000 S.F.

60.00'/MXC)
N88'48'02SW
509.0J'(M)(C)
8 ~
..
~
i;
8 ~
...
l!l
,-
;.

O.P. OFF1CW- PLATS
(M) MFASURfJ) ON THIS SU/MY
TRACT NO. 2015-01
SOUTHPOINTE, PHASE 5
(R) -. IENIING BEING A SUBOMSION OF LOT 8 SHOWN ON SOIITHPO/NTE AT REGENCY PARK. 5"' FILED IN BOOK 81 OF OFFICIAL PU.TS, AT PACES 20 ro 24, MERCED COUNTY """°""· FOUND NOTHING RECORDS. LYING IN SECTION 12, 70WNSHIP 10 SOUTH, RANGE 10 E'AST. PUF: PUBUC I/Tll/1Y E'ASEJl£NT MOUNT OIABLO BASE ANO MERIDIAN.

CITY OF LOS BANOS. COUNTY OF MERCED, STATE OF CALIFORNIA MARCH 2021 c, CURV£ TA/JI.E REFfRENCC

11.C.R- IIERCCI) COUNl'Y R£COROS
LE WID5CAl'E £ASOIE1ff
SE S/OEWALK £ASEJIENT l:l.
~
--=B='Ei ='Ni=C.='Hi=MA=R='K=S='N=G=tH='Ei='ER='l.=WG=,='Ni=C.=. =-- 507 J STRW. LOS BANOS, CALIFORNIA, 9J6J5 NC wm,,:ss CORNER 8 -~ 251 .. 6,000 S.F. f
i

60.oo·
I 244 I"
6,000 S.F. ~
i
235
250 6,000 S.F.

60.00'
i;:
!'! 245 I"
6,000 $.F. ~
i;
234
-~
r-N.1~fZ:.-19W
,
'
.JJ'-.. ~ --1~-·7.
,o•J
PU£ ;;
246 I"
6,087 S.F. ~
i 10.00'(ll}(C) J-,
233
247 6,800 S.F.
. Jl'J'ift;
liOJ'(ll}(C) 0
J'XJ'lfe ...
232
I
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I
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5£ 4 I p01NT£ pHA
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N88'8'02"W 480.0J' _410.0J'(MXC)(IION 10 -_,_ CRNC COURT I BOOK ~t{ SHm J OF J
97 THIS PAGE IS INTENTIONALLY LEFT BLANK
98 < I •
Recording Requested By:

City of Los Banos
And When Recorded Mail to:

Lucille L. Mallonee, City Clerk
City of Los Banos
520 J Street
Los Banos CA 93635
Flied in Official Records,

MERCED COUNTY
Doc#: 2021019921
05/03/2021 08:39 AM
S · ace above this line for Recorder's use.

SUBDMSION IMPROVEMENT AGREEMENT
. <'.:\-\-th A . THIS AGREEMENT made this_ Ul _ lday of y Y , \ _, 2021, between STONEFIELD HOME, INC., a California Corporation, Parties of the First Part, hereinafter designated and called "DEVELOPER(S)", and the CITY OF LOS BANOS, a municipal corporation, the Parties of the Second Part, hereinafter designated and called "CITY".

WHEREAS, the DEVELOPER(S) have presented to the CITY a certain Final Map located within the corporate limits of the CITY, and known and described as Tract No. 2015-01, Southpointe at Regency Park Phase 5, comprised of 20 single family residential lots on approximately 3.84± acres, a copy of which is on file at the City Qf Los Banos Planning Department and made a part of this AGREEMENT by reference, and said DEVELOPER(S)have requested the CITY to accept the dedications delineated and shown on said Final Map in order that the same may be recorded as required by Jaw; and,
WHEREAS, the CITY requires a condition precedent to the acceptance and approval of said Final Map, the dedication of said easements as are delineated and shown on said Final Map, and deems the same as necessary for public use, and requires and deems as necessary for the public use that any and all street improvements delineated and shown thereon shall be improved by the construction thereon and the installation therein of the improvements hereinafter specified in Paragraph One herein; and,
WHEREAS, certain sections of the Los Banos Municipal Code require the DEVELOPER(S) to enter into this AGREEMENT with the CITY whereby DEVELOPER(S) agree to do, perfonn, and complete the works and matters hereinafter in thls AGREEMENT mentioned and set forth in details, within the time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the CITY; and,
WHEREAS, the City Council of the City of Los Banos has found said Final Map by Resolution No. {p ~ f ~ to be in substantial compliance with the designs and Conditions of Approval of Vesting Tentative Tract Map No. 2015-0J.

NOW, THEREFORE, in consideration of the acceptance of the offers of dedication of easements, and facilities as shown and delineated on said Final Map, and the approval of said Final Map for filing and recording as provided and required by law, it is mutually agreed and understood by and between DEVELOPER(S) and CITY as follows:

Subdivision Improvement Agreement FM#2015-0I
SOUTHPOINTE AT REGENCY PARK, PHASE 5
99 SUBDIVISION AGREEMENT

1. That the CITY has fixed and does fix the time within which DEVELOPER(S) shall do and perform the work and improvements hereinafter specified and at such time during this period as designated by the Public Works Director/City Engineer of the CITY, but no later than the 1st day of May 2023, with the said provision that this time may be extended by consent of the City Council, and that the DEVELOPER(S) will, within the period of time stated herein above in this paragraph stated and fixed, do or cause to be done and performed, the following described work and improvements,(as detailed in attached Exhibit A) all at their own cost and expense, t.o the satisfaction of the Public Works Director/City Engineer in accord with the approved subdivision improvement plans and existing City Policies and adopted Standards, including all costs of inspection, to-wit; IMPROVEMENTS:

1. SITE PREPARATION $ 30,059.00

2. WATER $ 43,310.00

3.SEWER $ 32,747.00

4. STORM DRAIN $ 27,379.00

5.CONCRETE $ 63,720.00

6.PAVEMENT $ 73,785.00

7. ELECTROLIERS $ 7,500.00

8. MISCELLANEOUS $ 11,664.00
TOTAL $ 290,164.00
REMAINING IMPllOVEMENTS_:

I. CONCRETE $ 44,233.00

2.PAVEMENT $ 73,785.00

3. ELECTROLIERS $ 7,500.00

4. MISCELLANEOUS $ 11,664.00
TOTAL $ 137,182.00

2. The DEVELOPER(S) shall furnish bonding or other forms of security for the estimated cost of the remaining improvements, agreed to by the CI1Y for Performance at 100%, $137,182.00 and Labor and Materials at 50%, $68,591.00 and prior to the release of other security, for Warranty and Guarantee at IO% of In-Tract Construction Total in the amount of $29,016.40 1n addition, the DEVELOPER(S) shall provide a bond or other form of security in the amount of $3,500.00 for survey monuments, per §66496 of the Government Code.

3. The DEVELOPER(S) agrees to pay the following fees at the time of signing the AGREEMENT less any amount previously paid and not to exclude pending invoices :from outside consulting firms.

Subdivision Improvement Agreement 2 FM#201S-OI
SOUTHPOINTE AT REGENCY PARK, PHASE 5
100

ENGINEERING AND INSPECTION
5% of Approved Engineer's estimate of$290,164.00 $ 14,508.20 Less: Deposit for Plan Check (Rec#0l422265) $ (5,803.28) Less: Payment (Rec#0I 580582) $ (8,704.92)
SUB-TOTAL s 0.0

FINAL MAP REVIEW
Charges for Phase 5 $ 2,039.75
Less: Deposit for Map Review (Rec#00J447084) $ (2,000.00) Less: Payment (Rec#Ol580582) $ (39.75)
SUB-TOTAL ~ 0.00
TOTAL $ 0.00

4. In accordance with adopted City Policy, security funds may be released for each category of improvements, as per Engineer's cost estimates for $290,164.00 (attached as Exhibit "A"), as approved by Public Works Director/City Engineer and accepted by the City Council.

5. The DEVELOPER(S) shall install improvements in accordance with the requirements of the City of Los Banos Municipal Code, the Standard Specifications of the City of Los Banos, the approved Subdivision Improvements and Grading Plans and the Conditions of Approval ofVesting Tentative Tract Map No. 2015-01. All public improvements and utilities must be installed prior to occupancy of units.

6. In the event that the DEVELOPER(S) shall damage, destroy, or tear up any existing improvements, DEVELOPER(S) agree to repair or replace such destroyed or damaged improvements at their cost whenever such damage shall occur.

7. Street lights shall be furnished and installed by the DEVELOPER(S). It is solely the DEVELOPER(S) responsibility to coordinate the installation of street lights with the Pacific Gas and Electric Company and pay any and all fees necessary for their installation. At the time of acceptance, the street lights, including conductors to utility owner spHce boxes, shall become the property of the CITY.

8. Any improvements not shown on the approved Improvement Plans which are to be dedicated to the CITY or which are to be placed within the proposed City right-of-way, including mailboxes, private and utility works, shall not be constructed without written approval from the CITY. It shall be the DEVELOPER(S) responsibility to ensure that mailboxes for use by the U.S. Postal Service are available for residents at the time of occupancy; installation to be per plans approved by the Postmaster and the CITY.

9. All earthwork and construction shall meet the requirements and recommendations of the Soils Report, the Amended Soils Report for the Project and the adopted Improvement Standards and Specifications of the City. The DEVELOPER(S) shall, at their expense, provide a Soils Engineer Subdivision Improvement Agreement 3 . FM #2015-01

SOUTHPOJNTE AT REGENCY PARK, PHASES
101
whose responsibility includes the professional inspection and approval concerning the preparation of ground to receive fills, excavation and backfill operations, stability of all finished slopes, and testing for required compaction. Prior to the issuance of structural permits and prior to occupancy release, the Soils Engineer shall certify, in writing, that all earthwork including trench backfill meets the requirements and recommendations of the Soils Report and the adopted Improvement Standards and Specifications ofthe City.

10. Neither the CITY nor any ofits officers or agents shall be liable to DEVELOPER(S) or their contractors for any error or omission arising out of or in connection with any work to be perfonned under this AGREEMENT. During the progress of the work, if it becomes necessary to modify the design because of errors or omissions on the plans or unforeseen conditions which render a portion of the project inoperable, unsafe, or prohibits a part of the project from performing satisfuctorily in the opinion of the CITY, the plans shall be modified in accordance with the recommendations of the CITY. Th.e DEVELOPER(S) shall be responsible for all costs incurred in revising the plans and performing the work in accordance with the modified plans.

11. The Improvement Plans may be modified upon approval by the CITY at no cost to the CITY.

12. The CITY shall not be liable to the DEVELOPER(S) or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this AGREEMENT, or any part thereof.

13. The DEVELOPER(S) hereby release and agree to indemnify and hold the CITY harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the street rights-of-way in said subdivision and upon the premises adjacent thereto pursuant to this AGREEMENT, and also from any and all injuries to and deaths of persons and injuries to property or other interests, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the DEVELOPER(S), the DEVELOPER(S) agents, employees, and subcontractors, while engaged in the performance of said work.

14. The DEVELOPER(S) agree that the use for any purpose and by any persons of any and all of the improvements herein before specified, shall be at the sole and exclusive risk of the DEVELOPER(S) at all times prior to final acceptance by the CITY of the completed improvements.

Thereon and therein; provided, that acceptance by the CITY shall in no way eliminate or lessen any of DEVELOPER(S) obligations and undertakings contained in this AGREEMENT. The issuance of any occupancy permits by the CITY for dwellings located within said subdivision shall not be Subdivision Improvement Agreement 4 .. . FM #2015:.0 I
SOUTHPOINTE AT REGENCY PARK, PHASE 5
102
construed in any manner to constitute an acceptance and approval of any or all of the improvements in said subdivision.

15. It is mutually agreed by the parties hereto that the Public Works Director/City Engineer shall have the right to reject any or all of the work to be performed under this AGREEMENT if such work does not conform with the plans and specifications mentioned herein or the ordinances of the CITY. Reinspection of corrected work shall be at the expense of the DEVELOPER(S). The cost of such reinspection is not included in the Engineering and Inspection Fee described in Paragraph 3 of this AGREEMENT. Any damage to the sewer system, utilities, concrete work, or street paving that occurs after installation shall be repaired by the DEVELOPER(S) to the satisfaction of the Public Works Director/City Engineer by the DEVELOPER(S) before release of bond or final acceptance of completed work.

16. DEVELOPER(S) shall provide for adequate erosion control as determined by the Public Works Director/City Engineer on individual lots and from exterior property draining into the area of the subdivision, to protect the public rights-of-way and improvements. Erosion control on individual lots shall continue until such a time as front and street side yard landscaping is installed.

17. Without limiting the foregoing, DEVELOPER(S) warrant and guarantee materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City Council, or the Public Works Director/City Engineer.

18. Upon completion of the improvements, specified herein the DEVELOPER(S) shall file a Notice of Completion with Merced County and submit to the City "As Built" drawings on mylar, of the improvements. The Notice of Completion shall be filed no later than thirty-five (35) days prior to consideration for acceptance of the improvements by the City Council. As part of the request for acceptance of improvements, the DEVELOPER(S) shall submit a title report encompassing each of the parcels within the Subdivision which discloses all liens or claims which may have been recorded in or prior to thirty-one (31) days following the date of recordation of the Notice of Completion. If any liens or claims are thus revealed, the DEVELOPER(S) shall either remove the liens and claims and submit an updated title report prior to acceptance of the Subdivision by the CITY, or shall enter into an agreement with the CITY that provides to the satisfaction of the CITY a method for the removal of such liens and claims at no cost to the CiTY.

19. It is hereby mutually covenanted and agreed by the parties hereto that DEVELOPER(S) contractors are not agents of the CITY and that the contractors' relations to CITY, if any, are those of independent contractors.

20. That the applicant furnish the CITY with a reproducible 8 1/2" x 11" map of the Final Map of this development prior to issuance ofpennits.

Subdivision Improvement Agreement s FM#2015-0i
SOUfHPOINTE AT REGENCY PARK, PHASE 5
103

21. DEVELOPER(S) shall comply with all applicable original or amended Conditions of Approval of Vesting Tentative Tract Map No. 2015-01 prior to acceptance of public improvements or final of any housing units.

22. No work shall commence under the terms of this AGREEMENT prior to all of the following being completed: deposit of improvement security per City Council resolution; issuance of a Subdivision Improvements grading permit other than rough grading and site preparation; and payment of all required development fees.

23. All costs for engineering and inspection services which exceed the 5% fee specified above will be invoiced to the DEVELOPER(S) and must be paid in full prior to acceptance of the subject improvements by the CITY.

24. If construction of improvements has not begun within one (I) year from the date of this AGREEMENT, then prior to commencement of work the Public Works Director/City Engineer shall review the improvement plans and determine if revisions are required. In any case, a new engineer's cost estimate shall be submitted by the applicant to the Public Works Director/City Engineer. The applicant shall be responsible for any modification to the plans required by the Public Works Director/City Engineer and shall pay all plan check fees plus the difference in inspection fees due based on the new cost estimate.

25. The DEVELOPER(S) acknowledge the requirement to comply with the environmental mitigation measures for Vesting Tentative Tract Map No. 2015-01, and the conditions of approval for said tentative map, (attached herein as Exhibit 'B '), in the development of this Subdivision.

26. The terms of this AGREEMENT are not intended to, nor do they, relieve the DEVELOPER(S) of any conditions of approval, compliance with City Standards or compliance with mitigation measures of adopted environmental documents, the compliance with which may be placed as a condition of pennit issuance or occupancy.

27. Time is of the essence of this AGREEMENT. It is agreed that the provisions of this AGREEMENT shall apply to and bind the heirs. executors. administrators. successors. devisees, and assignees of the respective parties hereto.

IN WITNESS WHEREOF, the parties have executed these presents or caused the same to be executed by the officers thereunto duly authorized on the date and year in this AGREEMENT first above written.

Subdivision Improvement Agreement

PARTIBS OF THE FIRST PART
6 FM#2015-0J

SOUTHPOINTE AT REGENCY PARK, PHASES
104

CITY OF LOS BANOS

PARTIES
ayor
anueI Thoas'ariaIII

OF THE SECOND PART
~ ATTEST:
~i-~
Lucille L. Mallonee
City Clerk
City of Los Banos
Signatures need to be notarized.

Attach a Nota menl

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the Identity of the individuiil who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validitv of that document.

State of California ~
County of MY CbC
before me, ~~""°--:'=..i.:ct'r\~Sl:7::-'-M~o-fa. ~ •~ __,M,_' v=-:::.:.. b / ;:..; (.., =- (insert name and title of the o r) personally appeared ( tanvet 7\.1 . .'0CY\O.f -:G<,r;-o. II f . who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i~ subscribed. to the within instrument and acknowledged to me that he/§.l)efjl)e'f executed the same in his/~~ authorized capacity(ies), and that by his/~~ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(~ acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of Californ.ia.tlJat the foregoing WITNESS my hand and official seal.
paragraph is true and correct. J a o o e t O e 11 1 0 , 1 a SARABLEVINs 1 .. Notlry Publlc • C.llfornli
MerctclCounty I
Commission I 2352517 ..
. My Comm. Expires Mar 21, 2025
(Seal)
··------------ ----- Subdivision Improvement Agreement 7 FM#20]5--01 SOUfHPOINTE AT REGENCY PARK, PHASE 5
105
. \ • (

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
v-W
)
)
) (
~ =-=---=.:__.s..._~~~;)..-\ --=--- before me, Qu.·1r\o...., f\- \1\j_a.,) , Notary Public, personally appeared (jy .e ·J \j:( f:}rL.\-\~ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
r
Signature _ 1:: 0.L..,..:,.,......:~=-_p,.,..;;c__-=-- ( /;,' ,-...., ' \ ....-I
_·__.,,--'- ~ __ (Seal) I)
l • r a c e e n c
..

IIEGIN.U. ROBW
•··-
I
• Hobty l'vbllc • C.lffor111f 1 '-m c_ounty I
Commission I 23•5695 - llttJ Comm. Expires Fib a, 2025
106
I Exhibit A'
Cost Estimate
B NCHMARK ENGINEERING INC.

CIVIL ENGINEERING & LAND SURVEYING

ENGINEERS BOND ESTIMATE
FOR

SOUTHPOINTE AT REGENCY PARK
PHASE 6 • 20 LOTS

LOS BANOS, CA
ITEM DESCRIPTION UNIT QUAN. UNIT PRICE
A. SITE PREPARATION

1. MOBILIZATION LS 1 $5,000.00

2. CLEAR ANO GRUB SF 167,060 $0.05

3. GRADING SF 167,060 $0.10

SUB-TOTAL
B. WATER

1. 8"WATER LF 818 $20.00

2. 8" GATE VALVE EA 2 $1,300.00

3. 1" WATER SERVICE EA 20 $500.00

4. FIRE HYDRANT WITH TEE, GA TE VALVE & BURY EA 3 $3,500.00

5. TEMPORARY BLOW-OFF EA 1 $1,250.00

6. CONNECT TO EXISTING 8" WATER EA 2 $1,000.00

7. 8" STUB & PLUG EA 1 $600.00

SUB-TOTAL
C. SEWER

1. 6"SEWER LF 481 $20.00

2. 8"SEWER LF 252 $26.00

3. 4" SEWER SERVICE EA 20 $400.00

4. Sl'ANDARD MANHOLE EA 3 $2,500.00

5. CONNECT TO EXISTING SEWER EA 1 $1,000.00

6. 8" STUB ANO PLUG EA 1 $75.00

SUB-TOTAL
O. STORM DRAIN

1. 12" STORM DRAIN LF 31 $25.00

2. 18" STORM DRAIN LF 472 $32.00

3. CATCH BASIN EA 2 $2,000.00

4. STANDARD MANHOLE EA 2 $2,500.00

5. TEMPORARY DRAIN INLET (INCLUDING AC SWALE) EA 1 $1,500.00

6. REMOVE TEMP DRAIN INLET AND CONNECT TO EX. EA 1 $1,000.00

SUB-TOTAL
E. CONCRETE

1. 6" VERTICAL CURB & GUTTER LF 1,499 $13.00

2. HANDICAP RAMP (LABOR ONLY) EA 2 $500.00

3. SIDEWALK (INCLUDING RETURNS) SF 6,638 $3.50

4. RESIDENTIAL DRIVEWAY EA 20 $1,000.00

SUB-TOTAL
MODESTO: 91 S 17th Street• Modesto, CA 95354 • 209.548.9300 LOS BANOS: 507 J Street• Los Banos,.CA 93635 • 209.737.0900 JOB#100025
MARCH 11, 2020
AMOUNT
$5,000.00
$8,353.00
$16,706.00 .. __________ $30,059.00
$16,360.00
$2,600.00
$10,000.00
$10,500.00
$1,250.00
$2,000.00
$600.00
$43,310.00
$9,620.00
$6,552.00
$8,000.00
$7,500.00
$1,000.00
$75.00
--·-.. ----·-·
$32,747.00
$775.00.
$15,104.00
$4,000.00
$5,000.00
$1,500.00
$1,000.00
$27,379.00
$19,487.00
$1,000.00
$23,233.00
$20,000.00
$63,720.00
107

ENGINEERS BOND ESTIMATE

SOUTHPOINTEAT REGENCY PARK

LOS BANOS, CA
JOB#100025
MARCH 11, 2020
PAGE2

ITEM DESCRIPTION
F. PAVEMENT

1. 021'AC/ 0,92' AB

2. MONUMENT WELL
G. ELECTROUERS

1. 150WSTREETLIGHTS
H. MISCELLANEOUS
1, <3ATEO BARRICADE

2. STRIPING AND SIGNAGE

3. EROSION CONTROL
NOTE,
UNIT QUAN.

SF
EA
EA
LF
LS
LS
24,395
2 SUB-TOTAL
3 SUB-TOTAL
52 1
,

SUB-TOTAL

UNIT PRICE
$3.00
$300.00
$32.0Q
$5,0QO.OO
$5,000.00
CONSTRUCTION SUB-TOTAL===--=-====>
10% CONTtNGENCY==--.. ...i::::=>
CONSTRUCTION TOTAL==========--=>
AMOUNT
$73,185.00
$600.00
$73,785.00
$7,500,00
$7,500.00
$1,664.00
$5;000.00
$5,000.00
$11,664.00
$290,164.00
$29,018.40
$319,180.40

1. THE ABOVE DEVELOPMENT COST ESTIMATE DOES NOf INCLUDE LAND, ADJACENT RIGHT-OF-WAY, INTEREST, TAXES, COMMISSIONS, LEGAL FEES, ENGINEERING FEES, GEOTECHNICAL FEES, CllY FEES.

FEES CHARGED IN CONNECTION WITH A BUILDING PERMIT. PRICES REFLECT CURRENT NORMAL CONSTRUCTION COSTS AND ARE SUBJECT to CHANGE ONCE STREl:T IMPROVEMENT PLANS HAVE BEEN APPROVED.

PREPAREO BY JP
REVIEWEDBY--TG°-
K:100025/ESTIMATES/PHASE 4 6 B/2020-03-11_130ND ESTIMATE_PHASE 5-TG 108
ExhibitB
CONDfflONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP #2015-01 - S001HPOfNTE AT REGENCY PARK
General

1. The applicant shaU $Ubmit a revised Vesting Tentative Tract Map to the Community and Economic Devefopment Department reflecting any modifications, additions, and/or conditjons of approval, within 30 days from Planning Commission approval. If necessary, the revised Vesting Tentative Tract Map shall be reviewed by the City Engineer and the Community and EconQnllc Development Director and signed by the Community and ECOriamic Development Director for purposes of providing 11 clear record of the approved Vesting Tentative Tract:Map.

2. The Vesting Tentative Tract Maps, Final Maps, and Improvement Plans shall be consistent with the Final Development Plan, as conditioned.

3. Approval and life of the Vesting Tentative Tract Maps shall be as set forth In the Los Banos Municipal Code.

4. All development shall be consi$tent with the Vesting Tentative tract Map #2015-01 and approved Final Development Plan #2015-01, reflecting any amendments added during approval.

5. 1Qe Final Map(s) shall be in substantial compliance :with the approved Vesting Tentative Tract Map. Including any Changes set forth in the conditions of approval.

6. A Final Map shall be prepared by a professiona, Ian(! surveY(>r licensed in Califomia or a professional eng1neer licensed In Callfomla and quallfted to ,practice land surveying, according to the Subdivision Map Act, and local ordinan08$.

7. At least two points on the Final Map shall be tied to the California State Plane Coordinate System (NAO 83) . with ties shown and closure calculations depicting the tie bearings and distances.

B. A letter from the Tax Collector shall -be subrnltted prior to the recording of the Final Map which Indicates that taxes have been paid or a bond has been posted.

9. A Final Map Guarantee shall be prepared and provided to the County Recorder.
6 109

10. When the submittal has been technically approved, the original mylars and a conforming mylar will be signed and notarized (notary shell not be stamped on the map) and delivered to the Public Works Department.

11. Developer shall include a Public Utility Easement of ten ( 10) feet along all road frontages.

12. For all properties within 1,000 feet of agricultural operations. deed notices shall be recorded with the final map. The deed notice shall require property purchasers to acknowledge the existing and ongoing commercial and/or agricultural uses on adjacent and nearby properties, and the Merced county Right-to-farm Ordinance. ·

13. Butlding Master Plans shall be approved by the Community and Economic Development Department and Building Department prior to issuance of the first building permit and shall be consistent with Final Development Plan #2015-01.

14. Improvement Pltins shall be ~ubmltted to the City for approval prior to/or concurrent with the application for each final map and the follQwlng note s"all be required: "The Contractor is responsible f~r protecting and preserving survey monuments and other survey markers. Any survey monuments damaged as a direct or Indirect result of construction activities shall be re-established by a duly licensed IJ1nd surveyor at the Contractor's sole expense. A comer record shall be filed In accordance with State law for any reset monuments at the Contractor's sole expense." ·

15. Improvement Plans shall Include a street slgnage and striping plan to J)e approved by the Public Works Director.

16. On-site Improvements may be constructed prior to the reoording of the final map subject to City approval of Improvement Plans and payment of applicable plan check and Inspection t•. and satisfaction of all construction condltiOns of approval.

17. Off-site public improvement plan(s) shaft be submitted to the Public Works Department.for approval prior to/or concurrent with the application for the Final Map. The developer shall not commence off-site Improvements until approval Is received by the Publfc Works Department. The developer shall enter Into a subdivlsion Improvement agreement with the City and provide labor and maintenance bonds in an amount of 100% of ttle Engineers Estimate for public improvements to be completed following recordation of the Final Map.

18. Th~ project is subject to the appropriate Development lmpad Fees as established by the City.
7 110

19. Private property owners shall be responsible .for the maintenance of sound walls and decorative masonry walls located on private property.

20. The applicant shall obtain City approval In advance for permanent and temporary on-site and off-site signs through separate sign reviews and bonding consi$lent with the development criteria of the Los Banos Municipal Code - Sign Ordinance.

21. It is the applicant's responsibility to ensure that the development complies with the Americans with Disabilities Act requirements.

22. It shall be the responsibility of the applicant to convey copies of the conditions of approval to all contractors and sub--corrtractors.

23. Building permits will be issued in accordance with City Subdivision Polley that identifies the Improvements required In order for a building permit to be issued.

24. All structures, foundations, and footings for future buildings on the project site shall be designed and constructed to conform with the current Uniform Building Code for Seismic Zone 4 to minimize structural damage resulting from potential seismic activity.

25. An engineering soils report shall be prepared for all projects in order to identify soil characteri$lics requiring special structural design. 011--site and off-site sto,J<;tural design shall c»nfor.m to the findings and recommendation of the engineering soils report. The report shall be p~p~red prior to issuance of a gradlng .. petmit, subject to review and approval of the Los Banos City Engineer.

26. Prior to issuance of bUilding permits for development of .sensitive residential l;md uses ( e.g. housea,, sehqo1$, parks, dJy care), or other uses in which persons may contact soils), a Phase 1 environmental assessment shall be prepared to determl11e Jf solls contain hazartlo\ls materials. If necessary, a remediation plan shalt be created and implemented. The assessment and any necessary remediation plans shall be subject to the approval of the Community Development Department.
27; Improvement Plans and Grading Plans shall delineate the location and design of all requlred walls and fences including retaining walls.

28. Improvement Plans shall include mailbox locations, which must be approved by the US Postmaster and the City of Los Banos.

29. Undeveloped portions of the subdivision shall be controlled of weeds and free of debris and litter.
8 111

30. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be Included in any permits Issued for the project site, Including, but not limited to building permits for future development, subject to the review and approval of the Los Banos Planning Division:

If archaeological resources or human ·remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find anq 1he area shall be staked off. The project developer shan notify a qualifi$d professional archaeoiogist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented.
31; In the event of an acci_dental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is inc,luded in all permits in accordance with CEQA Guidelines section 15064.S(e):

If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent hume.n remains until the Los Banos Police Depal1ment contacts the c:oroner of Merced County to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American, 1he coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall Identify the person or persons It believes to be the mo$t likely descendent from the deceased Native American. The most likely descendent may then make recommendations to the landowner or the person responsible for the ,xcavation work, for means of treating or disposing of, with appropriate dignity, the human remains and a$SOclated grave good$ 1:1s provided In Pubtl~ Resources Code SecUon 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a} the Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to rn$ke a recommendation Within 24 hours aft~r being notified by the commission; b) the de~ndent identified falls to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission .fails to provide measures acceptable to the landowner.

Pre-Construction and Construction

32. A minimum 200-foot separation shall be maintained between residences and material stockpiles, debris piles or containers and equipment storage during the construction process. If such storage must be located within 9 112
200 feet of a residence, a six-foot high opaque fence shall shield the storage area from view when the storage area is inactive for more than eight hours. This requirement shall be incorporated into the specifications for atl construction plans. subject to review and approval by the City of Los Banos Community and Economic Development Department.

33. Two points of all-weather access shall be provided to all areas of the development during alt phases of construction to the satisfaction of the Fire Department In areas where reslclentlal units are under construction.

34. Temporary construction trailers shaH be permitted only in areas immediately adjacent to or within that portion of the subdMslon where active subdivision construction is taking place. Placement of said construction trailer Is subject to the Community and Economic Development Director approval in accordance with Title 9, Chapter 3, Article 38, Temporary Use Ordinance of the Los Banos Municjpal Code.

35. During construction, and for safety purposes, the de~loper and assigned contractors shall keep the public right-of-way clear of obstructions, and provide for clean up on a daily basis.

36. Prior to acceptance of public improvements, all entries to the subdMsion shall be barricaded to prevent the public from entering the construction site.
37, Undeveloped portions of development sites shall be controlled of weeds and free of debris and litter. The applicant shall provide protection against wind and water soil erosion on undeveloped portions of the project site.

Te111porary vegetation on undeveloped portions of the project site shaU not be allowed to grow taller than eighteen inches.

38. AU contractors and subcontractors perfonrting work relative to this project shall obtain City of Los Banos Business Licenses, prior to start of work on the project. All work performed on the project shall comply with the requirements of the State Business and Professions Code.

39. Construction shall l>e limited to those times allowed by City Ordinance:

Monday through Friday from 7:00 am to 7:00 pm; Saturday from 8:00 am to 7:00 pm; and Sunday from 9:00 am to 7:00 pm. Properly muffled equipment shall be used.

40. The developer shall incorporate soil erosion control measures into grading and drainage plans that comply with NPDES storm water regulations.

These measures shall be monitored for effectlveness by the CHy of Los Banos. Such measures may include, but not be limited to, the following:
a. Limit disturbance of soils and vegetation disturbance removal to the minimum area necessary for access and construction;
10 113
b. Confine atl vehicular traffic associated with construction to the right-ofway of designated access roads; c. Silt fencing ins~lled In accordance with the American Society for Testing and Materials. standard D6462.
d. Adhere to construction schedules designed to avoid periods of heavy precipitation or high winds;
e. Ensure that all exposed soil is provided with temporary drainage and soil protection when construction activity is shut down during the winter periods;
f. lnfonn construction personnel prior to construction and periodically during construction activities of environmental concerns, pertinent laws and tegutations, and elements of the proposed erosion contrQI measuresj
g. Compliance with National Poltutlon Discharge Elimination System (NPOES) permits admfriistered by the California Regional Water Quality Control Board; and
h. Development of a plan to employ best management practices that reduce the level of pollutants discharged into natural waterways and wetlands.

41. Where standard comer lot side yards .abut a street, a minimum three-foot landscaping area shall be proVlded between the back of sidewalk and the fence.

42. Restricted access rights shat! be Irrevocably offered for dedication to the City along the rear edge of private property Where properties back onto streets, and shall be shown on final maps.

43. Masonry walls shall . be decorative and in conformance with the Final Develo:pment Plan. A minimum 3 foot landscape area shall be provided between the back of the sidewalk and any masonry walls.

Air QualltYl

44. Housing units shall be oriented to maximize passive solar cootlng and heating when.practicable.

45. Gas fired appliances shall be low NOx emitting appliances complying with California NOx Emission Rule #1121 . · ·

46. The developer shall comply with all applicable Indirect Source Rule requirements of the San Joaquin Valley Air Pollution Control District. 11 114
Developer shall prepare an air emissions reduction if required.

Access and Circulation:

47. All street traffic impact fee reimbursements shall be per the Transportation Impact Fee program (TIF). The reimbursements shall only apply to Ward Road up to Overland Avenue intersection and Overland Avenue.

48. Full width improvements for Ward Road from the southerly boundary of the project to the northerly boundary, shall be constructed in conformance with the phasing plan as approved by the Public Works Director.

49. No driveway access shall be allowed from or on Place Road or Overland Avenue.

50. Ward Road shall be designed with a minimum 59' public right-of-way.

51. The Class I and II bicycle paths shall be designed in conformance with Caltrans design standards, and shall specifically be designed to reduce intersection conflicts between cyclists ahd automobiles, using signage, lighting, and/or special street pavement treatments at and near points of intersection.

52. The developer shall be responsible for constructing public streets per the Vesting Tentative Tract Maps including, but not limited to curb; gutter and sidewalk, decorative masonry wall, and landscaping where noted.

Improvements to arterials and collector streets shall be completed prior to occupancy of any use within the project boundaries, and improvements to neighbothood streets shall be complete prior to occupancy of any house that requires the street for access.

53. All street signage and striping within the project area shall be approved by the Public Works Department and shall meet all line-of-sight requirements.

54. Prior to acceptance of subdivision improvements, the developer shall install alJ street and traffic control signs, pavement striping, and street name signs in accordance with the public improvement plans and City standards.

55. Final Map(s) shall show a non-access strip 12 inches in width on private property along the frontage of arterial and collector streets, except at driveways, for the purpose of constructing sound walls and decorative masonry walls.

56. Prior to acceptance of the subdivision improvements, the developer shall be responsible for installation of all street and traffic control signs, pavement striping, and street name signs in accordance with City and/or Caltrans standards.
12 115

57. The developer shall be responsible for obtaining encroachment permits from the City of Los Banos prior to performing any work within the City's right-of-way.·

58. The developer shall design and install traffic cat,ning measures throughout the project area as approved by the City Engineer.

59. Traffic calming shall be prc,vlded on the existing and future Ca$tellana Street and Palermo Street.

60. Traffic calming measures may Include., but are not limited to, raised intersections, speed cushions, stop signs, varied cross sections, and roundabouts.
landscaP@ and Lighting QI~

61. Prier to approval of any final or parcel map, the developer shall form or annex the subject prQperty to a Lighting anc:t Landscaping District ·created for purposes of maintaining public landscape areas, slgnage and. public lighting inctodiliQ a share of traffic signal malntenan~ c;osts a$ authorized pursuant to the Land$CElpe and Lighting Act. of 1'972,. Part 2 of DMs.lon .15 of the Callfumla Streets and Highways Code, and Article XIIID of the OalifQmla Constitution. The forrn, tenns and conditions ,and the tax rate for the formation of the Lighting and Landscaping District, or .In the alternative the ann~tlon of the .subject. property to an existing district, shall be as approved by the City Counch, as detetmined in its sole and exclusive discretion, It is the Intent of the parties that the assessmeot of the subject prQperty will be apportioned to· each parcel In proportion to the special ben~fit it receives. Di$lrict formation or annexation shall be at the sole cost of the developer.

Utilities:

62. The appllcaot shall construct water, sewer, and stonn drainage facilities as noted on the Vesting TentaJive Tract Map, In accordance with City standards. The project shall co-mply with the current City Plans, Standards, and Specifications. .all Master Plan requirements, and the applicant shall wQl'k with the Public Wor1<s Department In regarc:ts to needed infrastructure and development during the Improvement Plan Review ~age.

63. In conformance with the Subdivision Map Act, the devEtloper shall permit Installation of underground cable television delivery systems within public utility easements. All dwellings shall be made cable ready.

64. Prior to approval of Improvement Plans or Final Maps, the developer shall obtain any necessary easements for utilities across adjoining properties. 13 116

65. All existing overhead utilities shall be placed undergroµnd with the exception of high voltage power lines. No new overhead Utility llnes and equipment shall be shown on Improvement Plans and Grading Plans.

66. Where the invert is six feet or greater belOw finish grade, a minimum cle1;1rance of five feet from lip of gutter to the edge of pipe shall be provided for underground utllity lines.

Water.

67. The proposed project shall conform to the requirements of the Los Banos Water Master Plan, Including payment of the water connection Impact fee.

68. Approved backflow devices shall be Inst.ailed as required.

69. Domestic water services shall not be placed in driveways.

Sewer:

70. The sewer collection system shall connect to the Meadowlands sewer 11ft station.

71. Upon issuance of a building permit reimbursements for the Northgate Sewer Lift Station shall be payable 10· acoordance with the Northgate Sewer Lift Station Reimbursement Agreement

72. rhe developer shall constf\lct all on-site and off-site sewer facllttles necessary to serve the project, subject to reimbursement for over-sizing, as determined by the City. ·

73. Prior to submission of improvement plans for the first phase of development, a Master Sewer Plan for the development shall be .$ubmitted, reviewed, and approved by the City Eogineer.

Storm D_raif)a9e:

74. The development shall provide stonn drainage to the new basin, and then discharge directly to the :san Lui$ Canal, as described In the Stonn Drain Conveyance and Pump Station Analysis dated January 14, 2005, subject to the review of and as may be moolfled by the City Engineer. All improvements to conform to the City's Storm _ Drainage System Master Plan. All deviations to be approved by the City Engineer.

75. Final Improvement Plans for the storm drainage system shaH utilize the TR-55 analysts method.

76. Adequate capacity for the storm drainage detention needs of Pacheco High School shall be accommodated within the new storm drainage basin, 14 117
described In the Storm Drain Conveyance al'ld Pump SbJtion Analysis dat~ January 14, 2005, subject to the review of and es may be modified by the City Engineer.

77. Prior to acceptance of Anal Improvement Plans, the appllcant$hall submit v~rification from the manufacturer that the pump station capacity is ad~uate tor full basin to shut-off operational wnditions.

78. Final Improvement Plans shall include concrete strueb,lres at stc>nn b8$in Inlets and outlets. Rip-rap shall not be considered acceptable. The structures shall pr13vent nulsanc:;e water by diverting directly to the pump station.

79. All development shall .comply with the Phase II storm water regulations.

80. Final Improvement Plans for the storm drainage system shall be submitted to the City and review~ and approved by the City Engineer prior to issuance of a grading pennit.

81. The Developer shall generate a Storm Water PollutiOn Prevention Plan (SWPPP) for pre and post construc;t1on best management practices (BMPs). A Notice of Intent (NOi) shall be submitted and approved prior to constn.,ctlon by the State Department of Wtter Resources.

82. Off .. street parking shall be provided at the detention basin tor a minimum of 10 vehicles as approved by the Public Works Director.

Public Safety:

83. Fire department requirements for the placement of fire hydrants shall be complete Prior to approvar of development permits. ·

84. fire hydrants shall be iostalled at locations approved during the Improvement Plan stage and shall be installed based upon City stand~rds.

85. The developer, as specified by City development standards, shall install "Blue Dof' fire hydrant locators.

86. Each residence shall have a S..inch ,ighted address numbers of contrasting color installed on the front elevations or alternative size as agreed to by developer .and Fire Chief.

87. The developer shall comply with the City Fire Codes and regulations subject to Fire Department approval in regards to building requirements, fire hydrant placement, and sprinkler requirements.

88. Fire hydrants (or other methods approved by the Fire Chlef) on Overland Avenue shall be in place and functi<>nlng prior to approviil of the first 15 118
residential building pennlt. Fire hydrants (or other methods approved by the Fire Chief) shall be operational to the satisfaction of the Fire Chief prior to combustible material being located on the -site.

89. Street names shall be approved by the Fire Department.

90. Driveways, parking lots, water lines, fire hydrants, and underground utilities shall be completed prior to Issuance of building permits.

91. Upon completion and approval . of the project plans, a CD shall be submitted to the Fire Department providing information on street layout, hydrant locations, water mains, storm drain inlets (i.e. Fire Department pre-planning).

Landscaping:

92. All residential lots shall have fully landscaped front yards prior to occupancy of each dwelling. Front -yard landscape plan$ shall be submitted with the development Master Plans prior to buUdmg pennit issuance and shall be approved by the City Engineer and Community and Economic Development Director.

93. The developer shall comply With the adopted street tree ordinance.

94. Masonry walls shall be landscaped With vines to discourage graffiti.

95. The applicant shall submit landscape and irrigation plans with each phase of the Improvement plans for City review and approval of streetscape landscaping.

96. Landsoape plans for single-family residences shall utilize drought tolerant planting, for no te1;1s than 75 percent of front yards. Turf varieties shall be chosen for drought tolerance. lnigatlon systems shall be set to minimize water use and spillage onto paved areas.

97. Landscape plans shall be designed in accordance with Title 10, Chapter 2, Water Efficient Landscape Ordinance of the Los Banos Municipal Code. 18 ,
. '
119

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120
LOsBanos
At d1e Cross1oads o.f C,tlijornia
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Soknirorn Than, P.E., Public Works Director/City Enginee~ } [ __ _ DATE: April 20, 2022
TYPE OF REPORT: Consent Item
SUBJECT: Accepting Public Improvements for Southpointe at Regency Park, Phase 6 Recommendation:

That the City Council adopts the Resolution accepting Public Improvements for Southpointe at Regency Park, Phase 6.

Background:

The Tentative Tract Map No. 2015-01 was approved by the City of Los Banos Planning Commission on May 11, 2016 by Resolution No. 2016-13. In November of 2018, the Public Works staff was contacted by the develope~ Stonefield Home, Inc., a California Corporation, for Final Map approval. The City Council adopted the Resolution No. 6353 approving the Final Map for Southpointe at Regency Park, Phase 6 with accompanying Subdivision Improvement Agreement on April 21, 2021. In January 2020, the developer contacted Public Works for the approval of Improvement Plans for Southpointe at Regency Park, Phases 4, 5 and 6. The Improvement Plans were reviewed and approved by the City's Consulting Professional Engineering Firm as well as the Los Banos City Engineer. During construction and upon completion,the site was inspected and deemed substantially complete by the City. The Landscape Plans were submitted to the Public Works Department for Southpointe at Regency Park, Phases 4, 5 and 6 for review and were approved in July 2021. In April 2022, the developer contacted the Public Works Staff to request acceptance of Public Improvements for Southpointe at Regency Park, Phase 6. 121
Discussion:

The subject is generally located within the area bounded by Northpointe at Regency Park Subdivision to the north, Verona Subdivision to the south, Place Road to the east and future Ward Road to the west, more specifically identified as APN. 424-120-019.The applicant is Stonefield Home, Inc., a California Corporation. The map consists 19 single family lots on 3.88.:t acres. This Final Map is in substantial compliance with Tentative Subdivision Map No. 2015-01 and public Improvements were subject to all Subdivision Improvement Agreement Conditions. A Landscape and Lighting District Letter of Inclusion was executed for the parcel.

Fiscal Impact:

All public improvements for Southpointe at Regency Park, Phase 6 have been completed by the Developer. A Maintenance Bond in the amount of $28,932.55 shall remain on file with the City of Los Banos for a minimum of one year after the acceptance of public improvements. All other required processing, development, plan check and inspection fees to date have been paid.

Reviewed by:

Josh Pi
Attachments:

Resolution
Site Map
Recorded Final Map
Recorded Subdivision Improvement Agreement
Exhibit A Original Engineers Estimate
Exhibit B Conditions of Approval
Resolution No. 6353
LA_)~
s, Finance Director
122
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS ACCEPTING PUBLIC

IMPROVEMENTS FOR SOUTHPOINTE AT
REGENCY PARK, PHASE 6.

WHEREAS, the City Council of the City of Los Banos has received a request from the developers of Southpointe at Regency Park, Phase 6 that Public Improvements, for Southpointe at Regency Park, Phase 6 be accepted by the City of Los Banos; and, WHEREAS, the City Council of the City of Los Banos has reviewed said request and finds that the public Improvements of said project are in a position to be accepted by the City of Los Banos.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos that does hereby accept the Public Improvements for Southpointe at Regency Park, Phase 6 as presented.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 20th day of April, 2022 by Council Member ____ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Manuel Thomas Faria Ill, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
123

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124
Site Map
Southpointe at Regency Park Phase 6
125

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126
OWNER's STATEMENT
If: THE UND£RS1CNED, DO HER£J1Y STA7l" JHotr N£ AR£ 1HE OMIDfS OR ~\£ 5(11£ RtCHr, rm£. OR tNrfREST OF RECORD IN TH£ I.ANO SHOWN ON 1HIS lrlAP AND 11£' CONSENT TO TH£ PREPARATION AND RECORIM710H OF rrns I/AP. M'" Al.SO HEREBY Of1£R AN /RRfYOCABI.£ DED/CATKJN TrJ 1Hf ctTY OF LOS BANOS, AS' E'AS£MENTS, FOR PUBUC USF. AU. PUBUC Vl1UTY rurJl£NTS (PUE), AU. S/D£JfAIJ< £ASEJ/ENTS (SE), AND AU. UN/Jsr:AK fASfJl£NfS (1£); ... ALSO OFFER NI IRR£VOCNJI.E /JEIJICATION 70 111£ arr OF I.OS BANOS. #I FEE. FOR PIJllUC U MURE WMD ~ -OF .. Y;~ ALSO RWNfJUISH AU. A<XtSS RX/HIS OF LOIS 26J AND 264 70 IND FROM AS' SHOWN ON THIS F1N4L UAP.

OWNEII, J l,,,r,,.,IA CORPOl?ATION
11" if~ LMm 3-2.~-'?-I
"""' -P/lt!$Mtw.f
TRUSTEE: F1DELl1Y NATIONAL mu: COIIPNIY OF CALJfORNIA. A CNJFDRNIA CORPORAUON ,,.,2-),,M tf:. i2.,{,n<;M. LMm ::m,,,.,,,i, &9, 2,221 SJIINA11/Rf 11" 'J;,,tf{:1{' ,J-JjoS; '1S"" rad-. V.? LMm ________ _

NOTARY STATEMENT
A NOTMY PU8UC OR OTHER OFRC£R COJIPt.£TINC THIS CfRTTFICATf VERIR£S ONLY THE IDENTTTY OF THE INDMDUAJ.. ttfKJ SIGNED THE DOCUIIENT 1D WHICH THIS CERnRCATE IS ATTACHfJJ. MID NOT THE TRtlTHRJLN£SS, ACCU1MCY. OR VAlD1Y OF THAT tJOCIMENT.
~~OF~re.a,4 Js.S. ON O'.lo£'h H . 2021. B£FOR£ i,,: "'.'o · t-- · U..,\.\v, A NOTARY PUBUC. PERSONALLY N1PtARElJ r~~~ . Md,:\:,1 ,1 'w..- WHO PR(MJJ 70 MC ON THC IMSIS OF SA1151'11C11JRY &IDENCC ro BC 111£ PERSCN{S) """5C NIJE(S) IS/ARC SUBSCRIBED 1D 1HE WfTHIN /NS11NtlENT. AND ACKNOWLEDGfJJ 1D ME IH4T ~ £XfCUTfD 11£ SiUE" IN HIS/HER/TlfE1R -!ZED CAP.<CIT'f(IES), AND IHI.T BY H1S/HERIIH£IR SICW,7URE(S) ON 111£ tN,TRWENT 111£ PERSON(S), OR THE £NIITY UPON 8£HAlF OF WHICH 111£ F'fRSON(S) AC1El1, EXECtlTfD 111£ INSIRUIIENT.

I CERT1FY IJHfJER PEN4l. 7Y OF PERJURY UNDER THC LAWS OF THC STAJF OF' r.Al.lFORNIA. 1H4T TH! RJREGOINC PARM:RAPH IS TRUE NID COfflEt'T.

Wf1liESS IHHNID
- Q, ~ Xlo\vr-- _,,,,,.,_ COUNTY Of' ~ ff\,..- (,LA
CCIIM1SSION - a•it s:<e '/f "" COIIIIISS10N £XPIR£S, $,d) K, 2"J.:'

NOTARY STATEMENT
A NOTAH'f PU8UC OR OTHER OFFICER COUPJ.£11N(; 1}{/S C£RTJF1CATE J/ERJF!ES ONLY TH£ IDENTITY OF THE INDMDWL WHO SIGNED 1HC DOCWENT 1D WHICH THIS CER71FICATC IS ATTACHED, AND NOT rfff 1RUTHFULN£SS.

ACCtAiACY. OR VAULm' OF »MT DOCUIIENT.
~OF~/l&;("l> fs.s.

ON 7'hort.d. aq , 2021, 8fFORE IIC /... • /<.,;qi 'be LaRo.. , NOTNlY PIJIIUC, PfRSOIW.J.Y APPCARCD :;::? i qnt H-l2o /i3 i o~ o, WHO PROIEJJ TO ME ON THC 8(SIS Of' SA71SFACTORY EIIIDENC£ TO BE TH£ P£RS<JN(S) ~ NMIE{S) IS/ARE SVBSCRIBED TO THC WITHIN INS11IUIIDIT, ANO ~ 10 11£ TH4T l£/SH£ITHD' O'Et'tl1ED TH£ S4ME' IN HlS/IIER,/nl£1R MJ1HORIZED CAP.<CIT'f(IES), AND THAT BY HlS/HERl1H£1R S/CW,111R£(S) ON THE "'1TIINfJIT 1HE PfRSON(S), OR THE £N111Y UPON B£HN.F OF WHICH TH[ PERSON(S) AC1ID, £XU:!R£D TH[ INSTRIJl,JfJff.

I CERTIFY IJNDfR PENALTY OF PfRJUfrf UNDER TH£ LAWS OF TH£ STAT£ OF CAI..JFDRNIA THAT THE: F"OR£COIHC PN?N:::RAPH IS TRUC MID CORRECT.

WfTN£SS Vf HAND
-111•q::f-~~
PRINCIPAL COUNTY OF 8fJSINES£ 'm--en.ce:/>
COIJIIISStONNUIIIJ(R, t?:1'4G-=?30
IIY COIJII/SS10N EXPtRES, .2., 10 • zp 2.S
LMm J/</2021 15;'1} FllE llc\100025\S....,, _,PHIS£ 6\SP PHS-01 ....

TRACT NO. 2015-01
SOIJTHPOINTE, PHASE 6
8£1NG A SUBDMS/ON OF LOT 8 SHOWN ON SOUTHPOINTc AT REGENCY PARK, FILED IN BOOK 81 OF OFFICW. PLATS, AT PAGES 20 ro 24, MERCED COUNTY R£COROS. LYING IN SECTION 12, n:1WNSHIP 10 SOUTH, RANG£ 10 EAST,

IIOUNT OWJLO BASE ANO MER/OW(,
CITY OF LOS BANOS, COUNTY OF MERCED, STAl'E' OF CAJJFORN/A II.ARCH 202,
BENCHMARK ENGINEERING, INC.
507 J STRID, LOS BANOS, CAIJFORNIA, 9J6J5
HElmYJIIU.£RA..-C
QMfTTEQ SIGNATURE STATEJ/QfT:
lil
I
i
PURSUANT n, SEC110N 66436 OF THE SU80MSION MAP ACT. THE FDLJ.OWING 5/CNATURE:s H4\£ 8ffN OIIITTED:
71ff: OF INTEREST.· IN FAKJR OF:
om, ~
Tlff:OFINTEREST:

IN FAI/OR OF: om,~
S',NffARY SE1l£R fASOIENT'
CITY OF LOS 8ltHOS BOOK J7S6 OF omaAL RWORDS, ~ 887, 11.C.R., RfCORDED 7 N.JCVS1. r998 ANY RIGHT" OF ENTRY AND ruEN0trS NEJ:ESSARY FOR TH£ PROOIJCT10N, D<PI..OHATTON OR S1VRi4G£' OF Oil OR IIINERALS
K1V SRH4 AND ROSMJ£ ~
BOOK 806. OFF1CIM.. RCCOROS. PM;£ 348. M.CJt. R£CORD£D .ME. 4, IH5 PLANNING CQMMlsstQN STATEMENT I. STACY SOUZA EUtS, DIRECTOR FOR THE CITY OF LOS SANOS ctJIIIIIJNITY AND £CONOMfC DEVfUJPU£Nf DEPMrJENr, DO H£R£Br STAT£ 1H4T I H,(K° CXAMINED 1HS F1HAl MAP OF -nMc7' NO. 2015-01 SOUTHPOINTC.

PHASE s: NIO THAT 11-E SV8DMSION IS SUBSTNmN.LY THE S4IIE" AS 1H4T SHOWN ON TH£ nM"AlM 11N' N'PR<MD BY THE: CtrY PlANNfNC COMIISSK)N ON THC , 1TH ll4Y OF U4Y. 2016, AND 1MT 1HIS F1NAL MAP OF 7RACT NO. 2015-01 SOUTHPOINTf. PHASE 6~ CQMPUES WITH ALL REOUIREJIEHT5 OF SAID PLANNING COMMISSION.

LM1'D 1liS z:!!: "'! OF flic I . 2021.
~ %'&i.Sm- AND ECONONIC DAfl.OPUDIT OIREC10R crrr OF LOS BANOS RIGHT TQ FARM STATEMENT PER UfRC£D COUNTY ORDINANCE NO. 121J:

THE /lllOPU(T'Y O£SCRl8ED ON 1HC H£RCDN SHOWN ~ IS IN THE. KCN1Y OF INID tmUZfJJ FOR AGRJt'tll.n.RU. PURPOSES ANO RESIDENTS OF THIS PROP£RTY *Y 8£ SUBJ£r:r ro MCOINENl£NC£ OR DISCOMFOfff NlfSING F1lOII TH£ USC OF AGRtCULnHW_ CHE'MICAJ..S. INCLUDING, BfJT NOT UMfTED n,, PESTICIDES ANO F£R1UJZERS, ANO fROU TH[ PURSUfT OF AGRICUl.TURAJ. OPERATIONS INCLUDING. wr NOT Ulll1ED ro. PLOWINC. SPRAYING. ANO 8URNING WHICH ~y A61Y GENERATE DUST. SJIOK£. NOIS£. AND ODOR.

TH£ COUNTY OF '1llRCED H4S £STABI.ISHED ACRfCt.l.1URE' AS A PRKXmY ~ IN AGRICU.1t/R4L ZONES WHICH ARE O<JTSID£ OF AN £:STABUSHED SPfC1FIC UIIBAN DEVELOPIIENT (SVOP) BOUNDAKY, 1/UPAL R£SIDfNIIAL CfNTfR (RRC) INCONll£NIENCE
~~ OR DISCOIIFOf(T ~ FROM ~Wfb/1(:Jr~=t-I::ts NORMAL. N£CCS'SAHY AQilt'U.1VRAL GffRAOOHS. =t ~ ~ SURVEYOR'S STATDl£NT
T1'ttS ltlAP IMS PREPNlfD 8Y 11£ OR INJER l,ff DIRECTION ANO IS B4SED UPON A F1EJ.D StlR\oO' IN CONF'ORMANCE WITH TH£ R£QUIREJIENTS Of f1,I£ SU80MSION MAP ACT AND LOCAL ORDINJCE AT TH£ REOIJESr Of' CREG HOSTm£R IN JULY 2017. I HEREIIY STAT£ THAT THIS FINAL UAP SVBSTNnW.L Y CONFOINS ro THC N'PRO\£D OR CONIXT/OfK APPMMD 'fENTA"TM: MAP. THAT AU IIONUll£N1'S ARE OF TH£ CHARACrfR MID OCCUPY 1HE POSfflONS ~1m, OR THAT 1'ID' IMU. 8£ SET IN 1HOSf POSflKJNS B£F0R£ S4ID SUBDMSION IMPRfMJIENTS NIE ACCEPTED /ff TH£ CfTY OF LOS BNIOS. NiO THAT THE' MONUll£N1S ARC OR WILL 8£ SUFFICIOIT ro ENABI.£ TH£ 5tJR\,£Y TO BE R£T'RAC£D.

LM1'D TII/S ~ LMY or ,11,M?(fl . 2021.

J'~ :.
car SURYEXQR'S STATEJIEHT I HEREBY STA1F THAT AT 'TH£ REOIJ£ST OF Tff£ arr E'NGINEER OF TH£ CITY OF LOS 84NO$ I H-4~ DWIINED THIS FINN. MAP AND THAT I AM SAT1SFIED THAT THIS MAP JS TECHNICALLY CORRECT ANO COIIPUES Vtf1H N¥'IJCABI.£ PROVISIONS OF THE SUIJOMSION MAP J.CT. flt'1R J. ~ 83M
/IF! .
~ ~J.,,.J~(...-·2021.
cuY ENC/NffR's STATEMENT I HEREBY STAFF THAT I H,U£ EXAMINED THIS FINAL UAP ANO S,ATE' 1MT TH£ SUBOMSION SHOWN HEREON IS SUBSTANTIALJ.Y TH£ SAM£ AS tr APPfARED ON TH£ TfNTAM I/AP AND ANY APPRt:leJ ALTERATIONS THEREOF, 1H4T AU.

Pl«MSIONS or TH£ StJIJDMSION MA.P ACT AND NIY LDC4l. ORDIIWICES OF TH£ arr OF LOS BANOS AND llfRCED CCUN1Y. APPUCABI.£ AT ntE fflE OF APPROVAL OF 11-1£ 1ENTAT11/E: MAP H,(1£ 8ffN COMPUED WITH.

Ll41'D THIS ~ D<Y OF t'fn I , 2021.
~ -=:s FARID PEZESHK. R.C.f. 81601
AC1l_NG CfTY ENC/NEER
CITY CLERK'S STATEMENT L UJCY MW.lWEl: arr Cl.ERK OF 1'HC arr OF u,s 8'HOS. STATE" OF ~ 00 H£R£Br STAJE' 1H4T AT 1'Hf REGULAR llf£11NC OF ff CITY COUNClt. OF 'THf CfTY OF LOS BANOS. STA1F OF OOJFDIN4. HEID ~~ c;: :f"~: ~ 1:=:;~ m:-:, ~ =~ ~o, OFFER OF /JEIJICATION #I E:ASEJJENr OF AU. PIJ8l.lC Vl1UTY FASEIIENIS (PUE), NJ. SID£ll'AU( £ASEJ.IENTS (SE), NID All. I.NDSCN'f F.ASEJl£NTS (l£), THE: OfF£R OF OflNC4'10N IN Fl'C Of' /ILL S1NEET RICH1S Of WAY,- WE Al.SO ACKNOM.£DG£ »£ RE1JNQUfSHIIENT OF ACCESS RIGHT'S OF LOTS 26J AND 264 1D AND FROM FUTURf WARD ROAD: '111f OFTER OF 0£DICAT10N IN FEE OF TH£ 5TR££r RIGHTS-OF-WAY; AU. AS SHOWN ON THIS nNAL MAP.

Ll41'D 1liS 2.r LMY OF f\p,) I , 2021.
-1-,,_~;t- .•~ LUCY MALLONEE. CllY Ct.ERK
CfTY OF LOS BANOS
BmJRDER'S SfATEMENT FWJ TII/S Z:Z_ LMY OF ,9f?lw' / , 2021, AT I~ : IG O'cl.OCK A II.

IN BOOK 13..:{__ OF OFFICIAL Pl.ATS, AT PAGES _./_.5"".._-__,/_,-.~( ________ , 11.C.R.

OlfllN£R: AT THC R8JU£ST OF sroNE110.D HOii£. INC. A cu,n:wNM ~TJON ,.,., $ "3 1 ~ .M4rT H. U,4.Y, COUNTY RECOROER
BY emlkad ('¥¥ • DEPUTY
BOOK .i2!J_ SHm I OF .J
127
-.:,-
~ f 217
:!!
;:t
" 218
"' :!
I ~ i-i J.:.=..Ja
:-
;. 2 19
220
221
I 222
22J
EX 56' PU£ (SJ
330
329
R£~AiND:~o
81- 0.P- 328
327
J26
325
J24
tl4Tf: J/4/2021 15:-IJ f1LE: M:\ 100025\S~ Drowings\PHASE 6\SP PH6-02.dwg SUBDMSION SUIIMNrf
19 LOTS
S1REErS 2.90A~ .98 N:IIES
7Dl"AI. J.88 ACRES
I
I
~ -
224 I 22, I 226 I 221 I 228 I 229
I

OVERINIO AVENUE
28 1 I 286 I 285 I 284 I 283 1 282 I 2 I -/--+- f- ~ - t -1~1 ~ :_a 288 I 289 I 290 I 291 I 292 1 293 I 294 I 295
~po1NiE1 _ __, _ __,v 5o[ll Hf,SE 2
- ~ --- tiz-O.P--41 (
TRACT NO. 2015-01
SOIJTHPOINTE, PHASE 6
8£fNG A SUBDMSION OF LOT 8 SHOWN ON S0/JTHPO/NTE AT REGENCY PARK, ALED IN BOOK 81 OF OF1'lCl)L PLATS, AT PAGES 20 ro 24, M£flC£D COUNTY RECORDS, L'l1NG IN SECTION 12, TOWNSHIP 10 SOUTH, RANGE 10 cASr. IIOUNT DIABLO BASE AND IIERIDIAN, CITY OF LOS BANOS. COUNTY OF IIERC£D, STATE: OF CAI.JFORNIA IIARCH 2021 "
---=B='S='Ni=C='H.=11.=~R='K= =Ei'Ni =G=tl/J=E=c='R='/Ni=G=, ~='Ni=l:·=- so7 J STRITT. LOS BANOS. CAJ.JFORNIA. 9J6J5 LEGEND
NOTE• ALL PfPE SIZES AR£ INSIDE DIAMETER
0 FOUND J/•• IRON PfP£ T"""" 'tS 8040" PER (8) NIO/ OP (C}, OR AS NtJTED e FOOND MONfAIENT IN IIONIAlfNT lfElL PfR {C)
(5 FOUND CPS /IONINENT AS SH/Jim ON REF (,I)
0 SET J/4"' x 24"' IRON Pip£, TAGGED LS 8(}tl(J
0 SET J/ 4" •· u• fRON PfPf. TAGGED LS IJfHIJ, IN IIONtlllENr MU. ___L_ SFJ J/4" x 24" IRON PrPE:, TAGGED LS /KUO, AT ALL RfAR LOT CORNEFfS AND LOT ANGI.E J'lff: 0 POINTS, UNI.ESS NOTfD AS A WTTNESS CORNER
scr BRASS TAG STMRD LS 8tUlJ IN CONCR£Tf AT ,.oo· MEASVRE:D PE1lPEJIOICllLN OR IWJWLY FROII RICHT-Of-WAY ANGtC AND ctlM" POINTS S£T 8PASS TAC STAJJPED LS 8fJ4(J IN CONCR£Tr AT ,.oo FOOT PROJEC710N OF AU wr UNES INTO!ilRfET. ~ RES1RfCT£D ACCESS
O.P. OFFlaAl f'/,/,TS
(II) ll£ASUIIED ON THJS SVIMY
(R}
SfN --SEARCH£D, FOUND NOTHING
LC LMIDSCN'< EASDIENT
PUC PUBUC um.trY EASEMENr
S£ Sf/J£WNJ(£ASEJ,IO,IT'
111.C.lt MERCED COUNrr REfX1RC1S
lie W1TN£SS CORNE1I

BASIS OF BE'ARINGS
A OBSOlVED 8£ARINC OF N26'2J'.J2"'W WAS M£ASURED FOR T1fE: UN£ B£TWEEN GPS/GIS 1021 AND GPS/GIS 1017 AS SHOWN ON 'f'H[ GPS SUIM'Y CONTROL H£TWORK F1l..E/J IN 8(J{)I( 28 OF SVR',fl'S, AT PN;ES 9 1V I 2, MERCED COUNTY R£COROS. AND IS TH£ BASIS FOR ALL B£ARINCS ON THIS WP.

RUfRENCE:s
(..V BOOK 28 OF SllRmS, PJCES I- 12 GPS .5VIMY CONrROl NE71ttYM'; 11.C.R. (8) mACT NO 2015-01, SOiJTHPOIN1f AT R£GENCY PARK, BOOK 111 or OFF1CW... Rf.CORDS. PAGES 20 ro 24, 11.C.R. (C) TRACT NO 2015-01, 50UTHPOINTC. PHASE 5, BOOK OF omcw.. R£COROS, PACES TO , M.C.R.

BOOK Z) l,f PAGE~ SHID 2 OF J
128
NOTES
r. AU B£ARINGS AND OISTMCCS SHOWN HEREON AR£ ll£ASI.JRElJ UNL£SS OTHERWIS£ NOTfD. 2. All. OISTANCE'S AHO DIIIENSIONS SHOWN MC IN FFCr AND OE'C'IM4L. PARTS THERroF'. ,J. Ml. RECORD INF'DRUA110N SHOWH IS F1«JM ME/ICE1J COUNTY RECORDS.

LEGENO
NOTf: All PIK SIZES AM INSIOE OWErER O.P. OfflCIAL Pf.AT'S M l/fAS/JllfD ON 1HIS SVIMY
TRACT NO. 2015-IJt
SOUTHPO/NTE, PHASE 6 • FOUND J/4• IRON PIPE TAGGED 'ls IJl)4()• PER /8) AND OR (C), OR AS 1/UTfD 8 FOUND IIONINENr IN IKJNUIIENT IISL PfR (C) (R) RAD<AL - BEING A SUBOMSION OF LOT 8 SHOWN ON SOUTlfPOINTE AT REGENCY PARK, II FOUND GPS IIONUIENT AS SHOWW ON RU (A) sn, Fil.ED IN BOOK 81 OF OFFICIAL Pl.ATS, AT PACES 20 ro 24, ll£RCED COUNTY So<RalCD. FOUND Nim/ING RECORDS, L't1NG IN ScCTION 12, TOWNSHIP 10 SOUTH, RANG£ 10 £AST, 0 SET J/4" x 24" IRON F'fP£. TAGGED LS 8IHO PU£ PU8liC Ul1U1Y fASDIEllf UOUNT OIABLO BAS£ ANO U£RIOIAN, (I\) BIJOI( 28 OF SU.M'>'S', PAGES 9-12 GPS SV~ CON1ROI. N£T'l10RK, 11.C.R. Cl CURVE TABLE R£1ERCNCC CllY OF LOS BANOS, COUNTY OF U£RCED, STAT£ OF CALIFORNIA (BJ TIIJCT NO 2015-DI, SOUTHPOINT£ AT RCG£NCY PARK, BOOK 81 OF Ol1X:W. RECORDS. PACCS 20 TO ~. 11.C.R. (C) TRACT NO 2015-01, ~ PHASC 5, IJtxJK OF OfF1CW.. R£CORDS. tw;ES n, , M.C..R.

SC, J/4" 1t 24" IRON F1PC, TAGCm lS BtJ,UJ, tN IJONtJl,,/fHT' lfEl.L . UARCH 2021 M.C.R. MERCtD COUNTY RECORDS _l._ SCT J/4" x 24• IRON PIPE, TAGGED LS 804(), AT ALL REM LOT CORNERS AND J'ltt' O LOT ANGLE POINTS, UNl.£SS NOTED AS A WfTNESS CORNER I.£ I.N{[)SCAK fASEMDtr BENCHMARK ENGINEERING, INC.

CURVE DATA TABLE
Ct/RYE C/fl.TA FWJ«JS LE1/GIH
er .f.4"J5'.J2" 21.00· 16..14-'
C2 44'35'». 4500' JS.02'
C, 9:nB'J6"' 4500' 1J.42'
Cf Bo.J1'24"' 45.00' 67.96'
C5 22"57'54• 45.00' 18.04'
C6 zrJrJ8· 45.00' 16.99'
C7 ,U'J5'J2" 45.00' 35.02'
C8 44'J5'J2. 21.00' 16..14'
C9 J'28'J6· 526.00' .11.92'
c,o 7750•11· 526.00' 16J.75'
:,,: 5£T BRASS TAG STJMPW LS 8040 IN CONCRE1C AT 1.00' ll£ASlJRlD PERPEHDICUI.M OR RM¥4l.LY FROM RICHT-OF-WAY MIGi£ ANO CVIM'" PCIN1S
SE
""
-fASaE>{T
MTNF:SS CONNER 507 J STRID, LOS BANOS, CALIFORNIA, 9J6.J5 Nt·tt'58"£ •-
S£r BRASS TAG STAMl'£/J LS 8IHD IN CONCR£Tf AT 1.00 FOOT l'ROJECTKJH OF ALL LOT UNES INTO STREET. -'LLLLaUREST11JCTfI)-"""'S
-.a•02i, J84.6Jr11)(B. C)
u~· s,.oo· 64.00' H .00' 2069'/IJXBXC)........______ 1\2<00' 1\26.oo' NSrrsrrH"W 101.02'/IJxsxcJ l " I r • ~
212 270 i- 269 ,.. 268 ,.. 267 '" ml;!
264 71.198 S.F. .:a:'! 1, .,_ i I ;_ 1 } ~ } } } ~;;
...
- - =~·""·• ... 'J"-S-".F."". =--.J'--1:a I ~- (\( ~ I '·"' s.F.· .I! ~ MOO S.F. ~ :' 6,400 S.F. ;!:: 6,400 S.F. :: il!6,«J/J 266 $.F. ,.. ~ . 6,6$5 265 5.F. ~: ii i: :,e: fQ'l UR'.

NBl1'411'02"W ,07.00• ~~~'02..,, 10•
1 ~ ~ ~ ~ ~ __ ~ ~a~ir:J. _ _ _ PUC-\ / , CS 'c(. J9.16' , , --.._ ,,\%~ . ):e---''"''"'·6J,_. _ _.JL__-...,!U~-:00~·:__ L_-;.,~·~""~·F,~ k-;;:---.!"'!c.!·""~-;- :___1-_ _ -~~:...=::_:c~-~:__./~ '"' c1 , ·-,a-.,i,• • ...... '.il' " 8 64.00' J4.'4' ,<A . l:f ; 21J I~ ~ e -.a~,,, =.or ,_Jlsrz.J..~£1([1]) ~ 6,420 s.F. .. ~ifc:"' N88'4B'a2"W m . 16' LUNA COURr
~ I ~- '"'\ 5-.., ~---'469=·••·1- ro ,,IION=-?__:___ ~ . il! ----5-~ ~ l---"'-=48:.,'02:.."2'0!!!,~•""'!_'_-1-.J ~ ~ ..... r .._ ~ ~ I NBINB'o2"W J52.or ,rl'.1~!7.:.JP::i11?1 _rt; , ~ C"1 _ ~·_1_ so.oo· &0.00· 60.oo· !t: · te 1
- =' "'·, ».,.. ~'t;, / "8.

51.00' 60.00'
IU6"H°5BT a: ~ 214 ! ~ _ $'--"o.':NM'"8'02"W, .. /

6.420 S.F. I co I I a ,.or...._ ~-6'!' 11.~ _..,. ~
2,.2,·
e 8
8 g
I
.
e e -<a'02'1r 101.00' 258 I-' !1 ,o· 8 i 259 261 '°' Pl.lf ~ ".,· 6,000 S.F. ~ 6,000 S.F. 6,000 S.F. ~ S,O~:~.F. i-, 2~ i-, al
~ !1 ~
,..I 256 '" 257 6,481 S.F. ~ '"
~
!1 g
'" 260 ,..
215 'l 6,420 S.F.

Nrtf'Slf'F
,4.00'/11)/C) Nlltl'48'02"w 101.00rMJ(C}
216
------
21 7
----- - ~ s-..:
~I 6,000 S.F.
"I ~ ii;

66.oor11XCJ J'llt'o 60m'/IJ$T,rc
,...,, . FOUND BRASS r..w STMIPED 'ts 8fHO" AT 1' W.C. P£R (C) I
255 I
I
I
254
6,000 S.F. ~ ~ ~ ~ 6,862SF. ~ ~ ii; ,.
<o.00711)/C J'°" o ll0.00'/IJ)(C)
25J
NBl1'48'a2"W 480.0J'/MXC)
_ 470.o:J'(M){C){IION 10 MON)_
25 1 250

DIORY COURT
:it: i

70.00'/ll)(C) ,..., 0
249
J",rr;f!
I
I
I
I
JXJlll: 7J.OJ'/11Xc o
.JX.J ......
248
\
I \
\
\
I \
\
\ I\ \
\
: \._wt UN£ OF I · SECTION 12
. \
I I
: I
I I
I
I
I
lM1E: J/4/2021 15:4.J Fil£: 41:\ 100025\Sun,,ey ~\PH4SC 6\SP PH6-oJ.dwg BOOKH SHm J OF J 129

THIS PAGE IS INTENTIONALLY LEFT BLANK
130
Recording Requested By:

City of Los Banos
And When Recorded Mail to:

Lucille L. Mallonee, City Cleric
City of Los Banos
520 J Street
Los Banos CA 93635
flied in Official Records,

MERCED COUNTY
Doc#: 2021019924
05/0312021 08:39 AM
S au above this line for Recorder's use.

SUBDMSION IMPROVEMENT AGREEMENT
IBIS AGREEMENT made this ~1#1 day of A-pn' ( 2021, between STONEFIELD HOME, INC., a California Corporation, Parties of the First Part, hereinafter designated and called "DEVELOPER(S)", and the CITY OF LOS BANOS, a municipal corporation, the Parties of the Second Part, hereinafter designated and called "CITY".

WHEREAS, the DEVELOPER(S) have presented to the CITY a certain Final Map located within the corporate limits of the CITY, and known and described as Tract No. 201S-01, Southpointe at Regency Parle Phase 6, comprised of 19 single family residential Jots on approximately 3.88± acres; a copy of which is on file at the City of Los Banos Planning Department and made a part of this AGREEMENT by reference, and said DEVELOPER(S)have requested the CITY to accept the dedications delineated and shown on said Final Map in order that the same may be recorded as required by Jaw; and,
WHEREAS, the CITY requires a condition precedent to the acceptance and approval of said Final Map, the dedication of said easements as are delineated and shown on said Final Map, and deems the same as necessary for public use, and requires and deems as necessary for the public use that any and all street improvements delineated and shown thereon shall be improved by the construction thereon and the installation therein of the improvements hereinafter specified in Paragraph One herein; and,
WHEREAS, certain sections of the Los Banos Municipal Code require the DEVELOPER(S) to enter into this AGREEMENT with the CITY whereby DEVELOPER(S) agree to do, perform, and complete the works and matters hereinafter in this AGREEMENT mentioned and set forth in details. within the time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the CITY; and,
WHEREAS, the City Council of the City of Los Banos has found said Final Map by Resolution No. (p3£3 to be in substantial compliance with the designs and Conditions of Approval of Vesting Tentative Tract Map No. 2015-01.

NOW, THEREFORE, in oonsideration of the acceptance of the offers of dedication of easements, and facilities as shown and delineated on said Final Map, and the approval of said Final Map for filing and recording as provided and required by law, it is mutually agreed and understood by and between DEVELOPER(S) and CITY as follows:

Subdivision Improvement Agreement FM#2015-0I
SOUfHPOINTE AT REGENCY PARK, PHASE 6
131

SUBDMSION AGREEMENT
J. That the CITY has fixed and does fix the time within which DEVELOPER(S) shall do and perfonn the work and improvements hereinafter specified and at such time during this period as designated by the Public Works Director/City Engineer of the CITY, but no later than the }51 day of May 2023, with the said provision that this time may be extended by consent of the City Council, and that the DEVELOPER(S) will, within the period of time stated herein above in this paragraph stated and fixed, do or cause to be done and performed, the following described work and improvements,(as detailed in attached Exhibit A) all at their own cost and expense, to the satisfaction of the Public Works Director/City Engineer in accord with the approved subdivision improvement plans and existing City Policies and adopted Standards, including all costs of inspection, to-wit; IMPROVEMENTS:

1. SITE PREPARATION $ 30,381.05

2. WATER $ 42,790.00

3. SEWER $ 34,122.00

4. STORM DRAIN $ 26,486.00

5. CONCRETE $ 62,669.50

6.PAVEMENT $ 73,713.00

7. ELECTROLIERS $ 7,500.00

8. MISCELLANEOUS $ 11,664.00
TOTAL $ 289,325.55
REMAINING IMPROVEMENTS:
l. CONCRETE $ 43,208.50

2.PAVEMENT $ 73,713.00

3. ELECTROLIERS $ 7,500.00

4. MISCELLANEOUS $ 11,664.00
TOTAL $ 136,085.50
l. The DEVELOPER(S) shall furnish bonding or other forms of security for the estimated cost of the remaining improvements, agreed to by the CITY for Performance at 100%, $136,085.50 and Labor and Materials at 50%, $68,042.75 and prior to the release of other security, for Warranty and Guarantee at 10% in the amount of $28,932.55 In addition, the DEVELOPER(S) shall provide a bond or other form of security in the amount of$3,500.00 for survey monuments, per §66496 of the Government Code.

3. The DEVELOPER(S) agrees to pay the following fees at the time of signing the AGREEMENT less any amount previously paid and not to exclude pending invoices from outside consulting finns.

Subdivision Improvement Agreement 2 FM#2015-0l
SOUTHPOINTE AT REGENCY PARK, PHASE 6
132

ENGINEERING AND INSPECTION
5% of Approved Engineer's estimate of$289,325.SS $ 14,466.28 Less: Deposit for Plan Check (Rec#0l422265) $ (5,786.51) Less: Payment (Rec#0IS80582) $ (8,679.77)
SUB-TOTAL 1 0.00

FINAL MAP REVIEW
Charges for Phase 6 $ 2,039.75
Less: Deposit for Map Review (Rec#0O 1445509) $ (2,000.00) Less: Payment (Rec#OJ 580582) $ (39.75)
SUB-TOTAL i 0.00
TOTAL $ 0.00

4. In accordance with adopted City Policy, security funds may be released for each category of improvements, as per Engineer's cost estimates for $289,325.55 (attached as Exhibit "A"), as approved by Public Works Director/City Engineer and accepted by the City Council.

5. The DEVELOPER(S) shall install improvements in accordance with the requirements of the City of Los Banos Municipal Code, the Standard Specifications of the City of Los Banos, the approved Subdivision Improvements and Grading Plans and the Conditions of Approval of Vesting Tentative Tract Map No. 2015-01. All public improvements and utilities must be installed prior to occupancy of units.

6. In the event that the DEVELOPER(S) shall damage, destroy, or tear up any existing improvements, DEVELOPER(S) agree to repair or replace such destroyed or damaged improvements at their cost whenever such damage shall occur.

7. Street lights shall be furnished and installed by the DEVELOPER(S). It is solely the DEVELOPER(S) responsibility to coordinate the installation of street lights with the Pacific Gas and Electric Company and pay any and all fees necessary for their installation. At the time of acceptance, the street lights, including conductors to utility owner splice boxes, shall become the property of the CITY.

8. Any improvements not shown on the approved Improvement Plans which are to be dedicated to the CITY or which are to be placed within the proposed City right-of-way, including mailboxes, private and utility works, shall not be constructed without written approval from the CITY. It shall be the DEVELOPER(S) responsibility to ensure that mailboxes for use by the U.S. Postal Service are available for residents at the time of occupancy; installation to be per plans approved by the Postmaster and the CITY.

9. All earthwork and construction shall meet the requirements and recommendations of the Soils Report, the Amended Soils Report for the Project and the adopted Improvement Standards and Specifications of the City. The DEVELOPER(S) shall, at their expense, provide a Soils Engineer Subdivision Improvement Agreement 3 FM#20!5-0J
SOUTHPOINTE AT REGENCY PARK. PHASE 6
133
whose responsibility includes the professional inspection and approval concerning the preparation of ground to receive fills, excavation and backfill operations, stability of all finished slopes, and testing for required compaction. Prior to the issuance of structural permits and prior to occupancy release, the Soils Engineer shall certify, in writing, that all earthwork including trench backfill meets the requirements and recommendations of the Soils Report and the adopted Improvement Standards and Specifications of the City.

10. Neither the CITY nor any ofits officers or agents shall be liable to DEVELOPER(S) or their contractors for any error or omission arising out of or in connection with any work to be performed under this AGREEMENT. During the progress of the work, if it becomes necessary to modify the design because of errors or omissions on the plans or unforeseen conditions which render a portion of the project inoperable, unsafe, or prohibits a part of the project from performing satisfactorily in the opinion of the CITY, the plans shall be modified in accordance with the recommendations of the CITY. The DEVELOPER(S) shall be responsible for all costs incurred in revising the plans and performing the work in accordance with the modified plans.

11. The Improvement Plans may be modified upon approval by the CITY at no cost to the CITY.

12. The CITY shall not be liable to the DEVELOPER(S) or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this AGREEMENT, or any part thereof.

13. The DEVELOPER(S) hereby release and agree to indemnify and hold the CITY harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the street rights-of-way in said subdivision and upon the premises adjacent thereto pursuant to this AGREEMENT, and also from any and all injuries to and deaths of persons and injuries to property or other interests, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the DEVELOPER(S), the DEVELOPER(S) agents, employees, and subcontractors, while engaged in the performance of said work.

14. The DEVELOPER(S) agree that the use for any purpose and by any persons of any and all of the improvements herein before specified, shall be at the sole and exclusive risk of the DEVELOPER(S) at all times prior to final acceptance by the CITY of the completed improvements.

Thereon and therein; provided, that acceptance by the CITY shall in no way eliminate or lessen any ofDEVELOPER(S) obligations and undertakings contained in this AGREEMENT. The issuance of any occupancy permits by the CITY for dwellings located within said subdivision shall not be Subdivision Improvement Agreement 4 FM#2015-0I
SOUTHPOINTE AT REGENCY PARK, PHASE 6
134
. '
construed in any manner to constitute an acceptance and approval of any or all of the improvements in said subdivision.

15. It is mutually agreed by the parties hereto that the Public Works Director/City Engineer shall have the right to reject any or all of the work to be performed under this AGREEMENT if such work does not conform with the plans and specifications mentioned herein or the ordinances of the CITY. Reinspection of corrected work shall be at the expense of the DEVELOPER(S). The cost of such reinspection is not included in the Engineering and Inspection Fee described in Paragraph 3 of this AGREEMENT. Any damage to the sewer system, utilities, concrete work, or street paving that occurs after installation shall be repaired by the DEVELOPER(S) to the satisfaction of the Public Works Director/City Engineer by the DEVELOPER(S) before release of bond or final acceptance of completed work.

16. DEVELOPER(S) shall provide for adequate erosion control as detennined by the Public Works Director/City Engineer on individual lots and from exterior property draining into the area of the subdivision, to protect the public rights-of-way and improvements. Erosion control on individual lots shall continue until such a time as front and street side yard landscaping is installed.

17. Without limiting the foregoing, DEVELOPER(S) warrant and guarantee materials used and workmanship performed on said work for a period of one ( 1) year after completion and acceptance thereof by the City Council, or the Public Works Director/City Engineer.

18. Upon completion of the improvements, specified herein the DEVELOPER(S) shall file a Notice of Completion with Merced County and submit to the City "As Built" drawings on mylar, of the improvements. The Notice of Completion shall be filed no later than thirty-five (35) days prior to consideration for acceptance of the improvements by the City Council. As part of the request for acceptance of improvements, the DEVELOPER(S) shall submit a title report encompassing each of the parcels within the Subdivision which discloses all liens or claims which may have been recorded in or prior to thirty-one (31) days following the date of recordation of the Notice of Completion. If any liens or claims are thus revealed, the DEVELOPER(S) shall either remove the liens and claims and submit an updated title report prior to acceptance of the Subdivision by the CITY, or shall enter into an agreement with the CITY that provides to the satisfaction of the CITY a method for the removal of such liens and claims at no cost to the CTIY.

19. It is hereby mutually covenanted and agreed by the parties hereto that DEVELOPER(S) contractors are not agents of the CITY and that the contractors' relations to CITY, if any, are those of independent contractors.

20. That the applicant furnish the CITY with a reproducible 8 1/2" x 11" map of the Final Map of this development prior to issuance of permits.

Subdivision Improvement Agreement s FM#2015-0l
SOUTHPOINTE AT REGENCY PARK, PHASE 6
135

21. DEVELOPER(S) shall comply with all applicable original or amended Conditions of Approval of Vesting Tentative Tract Map No. 2015-01 prior to acceptance of public improvements or final of any housing units.

22. No work shall commence under the terms of this AGREEMENT prior to all of the following being completed: deposit of improvement security per City Council resolution; issuance of a Subdivision Improvements grading permit other than rough grading and site preparation; and payment of all required development fees.

23. All costs for engineering and inspection services which exceed the 5% fee specified above will be invoiced to the DEVELOPER(S) and must be paid in full prior to acceptance of the subject improvements by the CITY.

24. If construction of improvements has not begun within one (I) year from the date of this AGREEMENT, then prior to commencement of work the Public Works Director/City Engineer shall review the improvement plans and detennine if revisions are required. In any case, a new engineer's cost estimate shall be submitted by the applicant to the Public Works Director/City Engineer. The applicant shall be responsible for any modification to the plans required by the Public Works Director/City Engineer and shall pay all plan check fees plus the difference in inspection fees due based on the new cost estimate.

25. The DEVELOPER(S) acknowledge the requirement to comply with the environmental mitigation measures for Vesting Tentative Tract Map No. 2015-01, and the conditions of approval for said tentative map, (attached herein as Exhibit 'B'), in the development of this Subdivision.

26. The terms of this AGREEMENT are not intended to, nor do they, relieve the DEVELOPER(S) of any conditions of approval, compliance with City Standards or compliance with mitigation measures of adopted environmental documents, the compliance with which may be placed as a condition ofpennit issuance or occupancy.

27. Time is of the essence of this AGREEMENT. It is agreed that the provisions of this AGREEMENT shall apply to and bind the heirs, executors, administrators, successors, devisees, and assignees of the respective parties hereto.

IN WITNESS WHEREOF, the parties have executed these presents or caused the same to be executed by the officers thereunto duly authorized on the date and year in this AGREEMENT first above written.

PARTIES OF THE FIRST PART
-------------------- ------------- - --- Subdivision Improvement Agreement 6 FM#2015-0J SOlITHPOINTE AT REGENCY PARK, PHASE 6
136
,.

CITY OF LOS BANOS AM£-? ~~~ ~~t ayor

PARTIES OF THE SECOND PART
ATTEST:
..._o.
~ ---
~. ~ - Lucille L Mallonee
City Clerk
City of Los Banos
Signatures affd to be aotarized.

Attach a Notary Acknowledgement.
-----------------------------------.

ACKNOWLEDGMENT
I A noiary public or-other officer compieting this . -- 1 certificate verifies only the identity of the individual ,• who signed the document to which this certificate is
1 attached, and not the 1ruthfulness, accuracy. or , 1 validity of that document_____ _ __ State of California :": : ::'
County of ~ -~~~---
betoreme. 3o.ra t:)\evM\, N~ 1>vbl,c.... (insert name and title of the off personallyappean,d f"\a.tQueJ 7:½orou s -fu.vta. H( --=--- . . who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ~ -- subscribed to the within instrument and acknowledged to me that he/~ftl;M!y executed the same in hisiperlt!Jel' authorized capacity(ies), and that by his/!)dl'ltba< signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument.

I certify under PENAL lY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ~ ~ - -
i C C O ft C ft ~~t C C f -a Nay Publlc. Cllffomla • I Mercad County . Commission 12352517 .. (Se.l • : eom; ·!:P!es~~4~1, 2025 f
-Su-bdi~-r;io-n-Jmp-~~~t_A_grccm-- ent -------, ----- - -- ~:oi-· SOUTHPOINTE AT REGENCY PARK. PHASE 6
137

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF \\\µ__,. V tQcl_
On roa.x:Lln 3n 2£:oJ
)
)
)
Public, personally appeared :L' ,. -'2..i? who proved to me on the basis of satisfactory eviden e to. be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL lY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _...\J"""'_-"-("-- .:?-~.,,,.--'\,_J__,-,c-,- ~- -__ (Seal) ~ • 0 n e a a r c ., .. -
•
. REGIHU, ROBLES 1
I
- Hota,y Public • Cillfor11la
Merctc1 County 1
Commission I 23<45695 • My Comm, ExpfrlS Feb 8, 2025
138
'Exhibit A'
Cost Estimate
BENCHMARK ENGINEERING INC.

CIVIL ENGTNEERTrfG & LAND SURVEYING

ENGINEERS BOND ESTIMATE
FOR

SOUTHPOINTE AT REGENCY PARK
PHASE 6 • 19 LOTS

LOS BANOS, CA
ITEM DESCRIPTION . UNIT QUAN.

A SITE PREPARATION - ---- - 1. MOBILIZATION

2. CLEAR AND G.RUB

3. GRADING
B. WATER

1. 8"WATER

2. 8"GATEVALVE

3. 1" WATER SERVICE

4. ARE HYDRANT WITH TEE, GATE VALVE & BURY

5. TEMPORARY BLOW-OFF

6. CONNECT TO EXISTING 811 WATER

7. &• STUB & PLUG
C. SEWER

1. 6"SEWER

2. 8"SEWER

3. 4• SEWER SERVICE

4. STANDARD MANHOLE

5. CONNECT TO EXISTING SEWER
0 . STORM DRAIN

1. 12• STORM DRAIN

2. 18" STORM DRAIN

3. CATCH BASIN

4. STANDARD MANHOLE
5, TEMPORARY DRAIN INLET (INCLUDING AC SWALE)

6. REMOVE TEMP. DRAIN INLET ANO CONNECT TO EX.

E. CONCRETE

1. 6" VERTICAL CURB & GUTTER

2. HANDICAP RAMP (LABOR ONLY)

3. SIDEWALK (INCLUDING RETURNS)

4. RESIDENTIAL DRIVEWAY
LS 1
SF 189,207
SF 169,207

SUB-TOTAL
LF 817
EA 2
EA 19
EA 3
EA 1
EA 2
EA 1

SUB-TOTAL
LF 312
LF 357
EA 19
EA 4
EA 1

SUB-TOTAL
LF 38
LF 298
EA 3
EA 3
EA 1
EA 1

SUB-TOTAL
LF 1,497
EA 2
SF 6,631
EA 19
SUB~TOTAL

UNIT PRICE
$5,000.00
$0.05
$0.10
$20.00
$1,300.00
$500.00
$3,500.00
$1,250.00
$1,00Q.OO
$600.00
$20.00
$26.00
$400.00
$M00.00
$1,000.00
$25.00
$32.00
$2,000.00
$2,500.00
$1,500.00
$1,000.00
$13.00
$500.00
$3.50
$1,000.00
MODESTO: 915 17th Str~f • Modesto, CA 95354 • 209.548.9300 LOS BANOS: 507 J Street• Los Banos, CA 93635 • 209.737.0900 JOB#100025
MARCH 11, 2020
AMOUNT
$5,000.00
$8,460.35
$16,920.70
$30,381.05
$16,340.00
$2,600.00
$9,500.00
$10,500.00
$1,250.00
$2,000.00
$600.00
$4~.790.00
$6,240.00
$9,282.00
$7,600.00
$10,000.00
$1.,000.00
$34,122.00
$950.00
$9,536.00
$6,000.00
$7,500.00
$1,500.00
$1,()00.00
$26.4.86,00
$19,461.00
$1,000.00
$23,208.50
$19,000.00
$62,669.50
139

ENGINEERS BOND ESTIMATE
SOUlHPOINTE AT REGENCY PARI<

LOS BANOS, CA
JOB#100025
MARCH 11, 2020
PAGE2

ITEM DESCRIPTION
F. PAVEMl;NT

1. 0,21'AC/0.92' AB

2. MONUMENTWELL
G. ELECTROLIERS

1. 150W smeer LIGHTS
H. M,ISCEUAN~US

1. GATED BARRICADE

2. S'fRIPING AND SIGNAGE

3. EROSION CONTROL
NOTE:

UNIT QUAN.

SF
EA
EA
Lf
LS
LS
24,371
2 SUB-TOTAL
3 sue~TOTAL
52 1
1 SUB•TOTAL

UNIT PRICE
$3.00
$300.00
$2,500.00
$32.00
$5,000.00
$5,000,00
CONSTRUCTION SUS.TOTAL=======--=>
10% CONTINGENCY=:;=-=.,.--::;===>
CONSTRUCTION TOTAl.=====>
AMOUNT
$73,113.00
$600.00
$73,713.00
$7,500.00
$7,500;()0
$1,664.00
$5,000.00
$5,000.00
$11,664.00
$289,325.55
$28,932,56
$316,258.11

1. THE ABOVE DEVELOPMENT COST ESTIMATE DOES NOT INCLUDE LAND, ADJACENT RIGHT-OF-WAY, iNTERl:ST, TAXES, COMMISSION$, LEGAL FEES; ENGINEl;RING i=EES, GEOTECHNICAL FEE$, CITY FEES.

FEES CHARGEO IN CONNECTION WITH A BUILDING PERMIT. PRICES REFI..ECT <;:URRENT NORMAL

CONSTRUCTION COSTS ANO ARE SUBJECT TO CHANGE ONCE STREET IMPROVEMENT PLANS HAVE BEEN APPROVED. .

PREPARED BY JP REVIEWED ev----,r=a,_,... __
K:100025/ES11MATE$1PHASE 4 5 6/2020-0,M 1__BONO ESTIMATE_Phese 6 140
ExhibitB
CON0mONs OF APPROVAL FOR VESTING TENTATIVE TRACT MAP #2015-01 -

SOUTHPOINTE AT REGENCY PARK
General

1. The appllC$nt shall submit a revlted Vesting Ten~v• Tract Map to the Community and Economic Development Department reflecting any modificatiQns, additions, and/or CQnditiOn$ of approval, within .30 days from Planning Commission approval. ff necessary, the .. rev,'sed Vesting Tentative Tratt Map shall be reviewed by the City Engineer and the Community and Econ()ffllc Development Director and · signed by the Community and Economic Development Director for pUrposes of providing a clear record ofthe approved Vesting Tentative Tract:Map.

2. The Vesting Tentative Tract Maps, Final Maps, and Improvement Plans shall be consi&ent with the Final Development Plan,. as cot1dltioned.

3. Approval and life ofthe Vesting Tentative Tract Maps shall be as set forth tn the LQs Banos Municipal Code.

4. All ~velopment shaU be consl$lent with the Vesting Tentative tract Map #2015-01 ahd approved Final Deveropment Plan #2015-01. reflecting any amendments added during approval. ·

5. Ttle Final Map(s) shall be jn sybstantlel oomplian~ .with the. approved Vesting Tentative Tract Map. including any changes set forth In the CQndition~ of approval.

6. A Final Map shall l:>e prepared by a pr<>fessional land survey<>r ricensed in Cattfomia or a professional englneer licensed In Callfomia and qualified to pradit;:e land surve,ylng, according to the Subdivision Map Act. and local ordinances. ·

7. At least two points on the Final Map shall be tied to the .California State Plane Coordinate System (NAO 88) with ties shown and closure calculations depicting the tie bearings ana· distances.

8. A lettet from the Tax Collector shall be submitted prior to the recording of the Final Map which Indicates that taxes have been paid or a bond has been posted.

9. A Final Map Guarantee shall be prepared and provided to the County Reoorder.
6 141

10. When the submittal has been technically approved, the origfnal mytars and a cc,nformlng mylar will be signed and notarized (notary shall not be stamped on the map) and delivered to the Publfc Works Department.

11. Developer shall include a Public Utlfity Easement of ten (10) feet along all road frontages. ·

12. For .all properties within 1,000 feet of agricultural operations, deed notices shall be reoorded with the final map. The deed notice shall require property purchasers to acknowledge the existing and ongoing commercial $nd/or -gticultural L(S8$ on adjacent and nearby properties, and the Meroect County Right-to-farm Ordinance.

13. Building Master Plans shall be approved by the Community and Economic Development Department and Bul~lng Department prior to issuance of the first building permit and shall be consistent with Final Development Plan #201'5-01.

14. Improvement Plans shall be submitted to tt,e City for approval prior to/or coaicurTBnt with the application for each final map and the follQwlng note shall be required: "The contractor is ruponsible ~r protecting and preserving survey monuments ~md other survey markers. Any survey monuments d$maged as a dtrect or Indirect n,sult of construction activities shall be re-established by a duly licensed land surveyor at t.he Contractor's sole expense. A comer record shall be filed In accordance with State taw for any reset monuments at the Contractor's sole expense.• ·

15. Improvement Plans shaU Include a street signage and striping plan to J>e approved by the Public Works '.Director.

16. on .. slte Improvements may be (X)t'l$tructed prior to the recording of the final map subject to· City approval of Improvement Plans and payment of applrcable plan check and inspe(:tion fees. and satisfaction of all construction conditions of approval.

17. Off .. site public Improvement plan(s) shall be submitted to the Public Works Department for approval prit>t to/or concunent with the ~pplicatlon for the Final Map. The devetoper shall not commence off~slte Improvements until approval Is received by the Public Works Department. The developer shall enter Into a subdivision Improvement agreement with the City and provide labor and maintenance bonds in an amount of 100% of t~e Engineers Estirnat~ for publiG improvements to :be comp'8ted following reoordation of the i=lnal Map.

18. The project rs subject to the appropriate Development Impact Fees as established by the City.
7 142

19. Private property owners shall be .responsible for the maintenance of sound walls and decorative masonry walls located on private property.

20. The applicant shatl obtain City approval in advance for permanent and temporary on•site and off-site signs through separate sign reviews and bonding consistent with the development criteria of the Los Banos Municipal Code - Sign Ordinance.

21. It Is the applicant's responsibility to ensure that the development complies with the. Americans with Disabilities Act requirements.

22. It shaU be the responsibility of the applicant to convey copies of the conditions of approval to all contractors and sub-contractors.

23. Building ptrmits will be issued in accordance with City Subdivision Polley that identifies the Improvements required In order for a building pennit to be issued.

24. All structures, foundations, and footings for future buildings on the project site shall be designed and constructed to confonn with the current Uniform Building Code for Seismic Zone 4 to minimize structural damage resulting from potential seismic activity.

25. An engineering soils report shall be prepared for all projects in order to identify soH characteristics requiring special structural design. On•slte and off-site structural design shall confor:m to the findings and recommendation of the engineering soils report. The repcrt shall be p~p~red prior to Issuance of a gradlng .. pennlt, subject to review and approval of the Los ·Banos City Engineer.

26. Prior to issuance of building pennits. for development of sensitive re$identlal land uses (e.g. houses .• schools. parks, day care), or Other uses in which persons may contact soils), a Phase 1 environmental assessment shall be prepared to determine ,t soils contain hazardou~ materials. If ne~ssary, a remediation plan shall be created and implemented. The assessment and any necessary remediation plans shall be subject to the approval of the Community Development Department.
21: Improvement Plans and Grading Plans shall delineate tl)e location and design of all required walls and fences including retaining walls.

28. Improvement Plans shall include mailbox locations, which must be approved by the US Postmaster and the City of Los Banos.

29. Undeveloped portions of the subdivision shall be controlled of weeds and free of debris and litter.
8 143

30. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be Included in any permits Issued for the project site, Including, but not limited to building permits for Mure development, subject to the review and approval of the Los Banos Planning Division:

If archaeok>gfcal resources or human ·remains are discovered during constrvction, work shall be hatted at a minimum of 200 feet from the find ang the area shall be staked off. The project developer shall notify a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented.

31. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CECA Guidelines section 15064.S(e):

If human remains are found during construction there shall be no further excavation or disturbance of the sit~ or any nearby area r~nably suspected to overlie adjacent human remains until the Los Sanos Police Department contacts the ex>roner of Merced County to determine that 110 investigation of the cause of death is required. If the coroner detennines the remains to be Native American, the coroner shall oont~ct the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shalf Identify the person or persons It believes to be the most likely descenqent from the deceased Native American. The most likely descendent may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of. with appropriate dignify, the human remains anc:.1 associated grave goods as proVided In Publlc Rf:)sources Code Sectk>n 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject tQ further disturbance if: a) the Native American Heritage Commission is unable to identify a most likely descendent Qr the most likely descendent failed to make a recommendation within 24 hours after being notified by the oommlssion; b) the descendent identified falls to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.

Pre-Construction and Construction

32. A minimum 200-foot separation shall be maintained between residences and material stockpiles, debris piles or containers and equipment storage during the construction process. If such storage must oo located within 9 144
200 feet of a residence, a six-foot high opaque fence shall shield the storage area from view when 1he storage area is inactive for more than eight hours. This requirement shall be incorporated Into the specifications for all construction plans, $Ubje~ to review and approval by the City of Los Banos Community and Economic Development Department.

33. Two points of all-weather access shall be provJded to all areas of the development during all phases of construction to the satisfaction of the Fire Department In areas where resic;tentlal units are under construction.

34. Temporary construction trailers shall be pennitted only in areas Immediately adjacent to or within that portion of the subdMslon where active subdivision construction is taking place. Placement of said con$tructlon trailer is subject to the Community and Economic Development Director approval in accordance with Title 9, Chapter 3.

Article 38. Temporary Use Otdlhance of the Los Banos Municipal Code.

35. During construction, and for safety purposes, the developer and assigned contractors shaU keep the public right-of-way clear of obstructions, and provide for clean up on a daify basis.

36. Prior to acceptance of Pl.lbli¢ improvements, all entries to the subdMsion shall be barricaded to prevent the public from entering the construction site.

37. Undeveloped portions of development sites shall be controlled of weeds and free of debris and litter. The applicant shall provide protection against Wind and water soil erosion on undeveloped portions of the project site.

Temporary vegetation on undeveloped portions of the project site shall n()t be allowed to grow taller than eighteen inches.

38. All contractors and subcontractors perfontting work relative to this project shall obtain City of Los Banos Business Licenses, prior to start of work Qn the project. All work pe{fotmad on the project shall comply with the requirements of the State Business and Professions Code.

39. Construction shall be limited to those times alloWeQ by City Ordinance:

Monday through Friday from 7:00 am to 7:00 pm; Saturday from 8:00 am to 7:00 pm; and Sunday from 9:00 am to 7:00 pm. Properly muffled equipment shall be used.

40. The developer shall incorporate soil erosion control measures Into grading and drainage plans that comply with NPDES storm water regulations.

These measures shall be monitored for effectiveness by the City of Los Banos. Such measures may include, but not be limited to, the following:
a. Limit disturbance of soils and vegetation disturbance removal to the minimum area necessary for access and construction;
10 145
b. Confine all vehicular traffic associated with construction to the right-ofway of designated access toads; c. Silt fencing ins~lled In accordance with the American Society for Testing and Materials standard 06462.
d. Adhere to construction schedules designed to avoid periods of heavy precipitation or high Winds;
e. Ensure that all exposed soil is provided with temporary drainage and soil protection when construction activity is shut down during the winter periods;
f. Inform construction personnel prior to construction and periodically during construction activities of environmental concerns, pertinent laws and regulations, and elements of the proposed erosion control measures;
g, Compllance with National PoUutlon Discharge :Elimination System (NPOE:S) permits administered by the Callfomia Regional Water Quality Control Board; and
h. Deve.topment of a plan to employ best management practices that reduce the level of pollutants discharged into natural waterways and wetlands~ ·

41. Where s~ndard comer lot side yards .abut a street, a minimum three-foot landscaping area shall be provided ~en the back of sidewalk end the fence.

42. Restricted access rights shall be irrevocably offered for dedication to the City along the rear ec;lge of private property where properties back onto streets, and shall be shown on final mapS,

43. Masonry walls shall be decorative and in CQnformance with the Final Development Plan. A minlmum 3 foot landscape area shall be provided between the back of the sidewalk and any masonry walls.

Air aualttv:

44. Housing units shall be oriented to maximize passive solar cooling and heating when practicable.

45. Gas fired appliances shall be low NOx emitting appliances complying with California NOx Emission Rule #1121.

46. The developer shall comply with all applicable Indirect Source Rule requirements of tlle San Joaquin Vaffey Air Pollution Ce>ntrol District. 11 146
Developer shall prepare an air emissions reduction if required.

Access and Circulation:

47. All street traffic impact fee reimbursements shall be per the Transportation Impact Fee program (TIF). The reimbursements sh1;1II only apply to Ward Road up to Overland Avenue intersection and Overland Avenue.

48. Full width improvements for Ward Road from the southerly boundary of the project to the northerly boundary, shall be constructed in conformance with the phasing plan as approved by the Public Works Director.

49. No driveway access shall be allowed from or on Place Road or Overland Avenue.

50. Ward Road shall be designed wi\h a minimum 59' public right-of-way.

51. The Cliass I and 11 bicycle paths shall be d8$igned in conformance with Caltrans design standards, and shall specifically be designed to reduce intersection conflicts between cyclists and automobiles, using signage, lighting, and/or special street pavement treatments at and near points of interse<:tion.
52, The developer shall be responsible for constructing public streets per the Vesting Tentative Tract Maps inch.1ding, but not limited to curb, gutter and sidewalk, decorative masonry wall, and landscaping where noted.

Improvements to arterials and collector streets shall be completed prior to occupancy of any use within the project boundaries, and improvements to neighborhood streets shall be complete prior to occupancy of any house that requires the streetfor access.

53. All street signage and striping within the project area shall be approved by the Public Works Department and shall meet all line-of-sight requirements.

54. Prior to acceptance of subdivision improvements, the developer shall .install all street and traffic control signs, pavement striping, and street name signs in accordance with the public improvement plans and City st~mdards.

55. Final Map(s) shall show a non-access strip 12 inches in width on private property along the frontage of arterial and collector streets, except at driveways, for the purpose of constructing sound walls and decorative masonry walls.

56. Prior to acceptance of the subdivision improvements, the developer shall be responsible for installation of all street and traffic control signs, pavement striping, and street name signs in accordance with City and/or Caltrans standards.
12 147

57. The developer shall be responsible for obtaining encroachment pennlts from the City of Los Banos prior to performing any work within the City's right-of ..way.

58. The developer shall design and install traffic calr'!'ling measures throughout the project area as approved by the City Engineer.

59. Traffic C$lmlng shall be provided on the existing and future Castellana Street and Palermo Street.

60. Traffic calming measures may Include, but are not limited to, raised intef$8Ctions. speed cushions, stop signs, vari~ cro$S sections, and roundabouts.

LandscaP@and Lighting District:

61. Prior to approval of any final or parcel map, the developer shall form or annex the subject property to a Lighting and Landscaping District created for purposes of maintaining public landscape areas, .slgnage and public lighting includirag a share of traffle signal maJntenance costs as autflorized pursuant to the. Land8Cape. and Lighting Act of 1972, Part 2 of Division .15 of the Galifomia Streets and HlghWays Code, and Article xmo of the CalifQmla Constttotlon. The forrn, tenns and conditions and the tax rate for the fOnnation of the Lighting and Landscaping District, or in the attemative the annex,tlon ·<>f the subj~ pt'Qpet1)' to an existing district, shall . be. as approved by the City Council, as determined in its sole and exclusive discretion •. It is the Intent of the pa~s that the atsessmen.t of the subject property will· be apportioned to each parcel in .proportion to the special benefit it re¢eives. District formation or annexation shall be ;at the sole cost of the developer.

Utilities:

62. The filPPlicaot shall construct water, sewer, ~nd storm drainage facilities as noted on the Vesting Tentative Tract Map, in accordance With City standards. The proJ~ sf'laH compry with the current City . Plans, Standards, and S.pecifications, all Master Plan requirements. and the 1 apptica.nt shall we>rk with the Public Works Department In regards to needed infrastructure and development during the Improvement Plan Review stage.

63. In QOrtformance With the $~ivlslon Map Act., the deve:3loper shall permit Installation of underground cable television delivery systems within pUbllc ~1ity easements. All dwellings shall be made cable ready.

64. Prior to approval of Improvement Plans or Final Maps, the develop~r shall obtain any necessary easements for utilities across adjoining properties. 13 148

65. All existing overhead utilities shall be placed undergroµnd with the exception of high vottage power llnes. No new overhead utility lines and equipment shall be shown on Improvement Plans and Grading Plans.

66. Where the invert is six feet or g~ter below finish grade, a minimum clearance of five feet from lip of gutter to the edge of pipe shall be provided for underground uUlity llnes.

Water:

67. The proposed project shall conform to the requirements of the Los Banos Water Master Plan, including payment of the water connection Impact fee.

68. Approved b$ckflow devices shall be Installed as required.

69. Domestic water services shall not be placed in driveways.

Sewer.

70. The sewer collection system shall connect to the Meadowlands sewer 11ft station.

71. Upon issuance of a building permit reimbursements for the Northgate Sewer Lift Station shall be payable In' accordance ,with the Northgate Sewer Lift Station Reimbursement Agreement.

72. The developer $hall construct $11 on-site and off-site sewer facllltles necessary to serve the project, subject to reimbursement for over-sizing, as determined by the City. ·

73. Plior to ~bmlsslon of improvement plans for the first phase of development, a Master Sewer Plan for the development shall be submitted, reviewed, and approved by the City Eng,ne&r.

Storm Drainage:

74. the development shall provide storm drainage to the new basin, and ~ di$charge directly to the San Lut& Canal, as described In the Stonn Drain Conveyance ~d Pump Station Analysis dated January 14, 2005, subject to the review of and as may be modified by the City Engineer. All improvements to conform to the City's Storm Drainage System Master Plan. All .deviations to be approved by the City Engineer. ·

75. Final Improvement Plans for the storm drainage system shaff utilize the TR-55 analysis method.

76. Adequate capacity for the storm drainage detention needs of Pacheco High School shall be accommodated within the new storm drainage basin, 14 149
I '
described In the Storm Drain Conveyance and Pump Station Analysis dat~ January 14, 2005, subject to the review of and es may be modffled by the City Engineer. ·

77. Prior to acceptance of Anal Improvement Plans, the applicant shall submit veriflca1ion from the manufacturer that the pump station capacity is ad~uate for full basin to shut-off operational conditions,

78. Final Improvement Plans shall include concrete struch.lres at stonn basin Inlets and outlets. Rip.rap shall not be considered acceptable. The structures shall prevent nulsall(:e water by diverting directly to the pump station.

79. All development shall comply with the Phase II storm water regulations.

80. Finat Improvement Plans for the storm drainage system shall be submitted to the City and reviewed and approved by th~ City Engineer prior to issuance of a grading pennlt.

81. The Oeveloper shall generate a Storm Water Pollution Prevention P•an (SWPPP) for pre and pQSt ex>nstructton best management praQttces (BMPs) . . A Notice of Intent (NOi) shall be submitted and approved prior to construction by the State Department of Water Resources.

82. Off .. $treet parking shall be provided at the detention basin for a minimum of 10 vehicles as approved by the Public Works Director.

Public Safety:

83. Fire department requirements for the placement of fire hydrants shall be complete priorto approval of development permits.

84. Fire flydrants shall be insta.lled at locations approved during the Improvement Plan stage and shall be installed based upon City stand~rds.

85. The developer, as specified by City development standards, .shall install "Blue Dof' fire hydrant locators.

86. Each residence 1:$haU have a 6"inch fighted address numbers of contrasting color installed on trye front elevations or alternative size as agreed to by developer and Fire Chief.

87. The developer shall comply with the City Fire Codes and regulations subject to Fire Department approval In regards to building requirements, fire hydrant placement, and sprinkler requirements.

88. Fire hydrants (or other methods approved by the Fire Chief) on Overland Avenue shall be in place and functioning prior to approval of the first 15 150
residential building pennit. Fire hydrants (or other methods approved by the Fire Chief) shall be operational to the satisfaction of the Fire Chief prior to combustible material being located on the site.

89. Street names shall be approved by the Fire Department.

90. Driveways, parking lots, water lines, fire hydrants, and underground utilities shall be completed prior to Issuance of building permits. ·

91. Upon completion and approval of the PfOjecl plans, a CD shall be submitted to the Fire Department providing information on street layout, hydrant locations. water mains, storm ~rain inlets (I.e. Fire Department pr$--planning).

Landscaping:

92. All resldentlal lots shall have fully landscaped front yards prior to occupancy of each dwelling. Front ·yard landscape plan$ $hall be submitted with the development Master Plans prior to building permit is51,1ance and shall be ~pproved .by the City Engineer and Community and Economic Development .Director.

93. The developer shall comply with the adopted street tree ordinance.

94. Masonry walls shall be landscaped With vines to discourage graffiti.

95. The applicant shall submit landscape and imgatlon plans with each phase of the lmprove.ment plans for City review and approval of sm;etscape landscaping.

96. Landscape plans for sing~family residences shall utilize drought tolerant plantings for no 1&$S than 75 percent of front yards. Turf varieties shall be chosen for drought tolerance. ln-igatlon systems shall be set to minimize water use and spillage onto paved areas.

97. Landscape plans shall be designed In accordance with Title 10, Chapter 2, Water Efficient Landscape Ordinance of the Los Banos Municipal Code. 16 ,
. '
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LOsBanos
11ijt1111e1
Agenda Staff Report
TO: Mayor Faria and City Council Members
FROM: William A. Vaughn, City Attorney
DATE: April 20, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Remote Teleconferencing - Per AB 361

RECOMMENDATION
Consider Resolution No. ---

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS

REAUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF LOS BANOS PURSUANT TO THE PROVISIONS OF AB 361

BACKGROUND
On March 16, 2022 staff brought forward a resolution for City Council consideration concerning reauthorizing remote teleconference meetings pursuant to AB361. At that meeting the vote resulted in a tie vote 2-2. Under the City Council's voting procedures a tie vote is considered a lost motion (no action) and any member of the City Council may offer a motion for further action. In this instance Council Member Lewis has requested that the resolution be placed on the consent Agenda for further action.
153

DISCUSSION
California's Ralph M. Brown Act was amended to allow fully virtual public meetings during a state of emergency after the Governor signed Assembly Bill 361 into law on September 16, 2021.

AB 361 amends Section 54953 of the Brown Act to allow virtual public meetings through January 1, 2024 in any of the following circumstances:

1. The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.

2. The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

3. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

The Governor's state of emergency remains, and the Cal OSHA Regulations related to social distancing remain in place.

These circumstances allow agencies to hold entirely virtual public meetings during the current pandemic, while California is in a proclaimed state of emergency.

Staff is continuing to monitor the status of the Governor's state of emergency proclamation, state regulations and orders related to social distancing, and health and safety conditions related to COVID-19 and confirms that said conditions continue to exist that support remote teleconference meetings, if the City so chooses.

FISCAL IMPACT
None.

CONCLUSION
Based upon the existing state of emergency and state officials recommendations to socially distance, the City of Los Banos has the ability to continue to meet remotely should if it so choose, assuming the City adopts the proposed resolution making the required findings. The proposed resolution does not require the City of Los Banos to hold meetings via remote teleconferencing and the City Council can continue to meet in person for the time being but allows flexibility to return to remote teleconferencing in response to changing COVID -19 circumstances.
154
Reviewed by:
~ (j__)@!OL)I/) Sonya ii iams,
Finance~ ctor
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RESOLUTION NO. ---

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS

REAUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE

LEGISLATIVE BODIES OF THE CITY OF LOS BANOS PURSUANT TO THE PROVISIONS OF AB 361
WHEREAS, all meetings of the City of Los Banos' legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 - 54963), so that any member of the public may attend, participate, and watch the City's legislative bodies conduct their business; and
WHEREAS, on September 16, 2021 Governor Gavin Newsom signed into law AB 361, extending the authority of public agencies to conduct meetings by teleconference, including video conference, during the COVID-19 pandemic; and WHEREAS, in light of the on-going pandemic, AB 361 amends the Brown Act (specifically Government Code section 54953) and gives public agencies the option to continue meeting virtually under certain circumstances; and WHEREAS, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, the City Council previously adopted a Resolution 6405, on October 6, 2021, finding that the requisite conditions exist for the legislative bodies of the City of Los Banos to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of section 54953; and
WHEREAS, as a condition of extending the use of the provisions found in section 54953(e), the City Council must reconsider the circumstances of the state of emergency that exists in the City of Los Banos, and the City Council has done so; and WHEREAS, such conditions continue to exi"st in the City of Los Banos; and 157
WHEREAS, Governor Gavin Newsom declared a statewide emergency over the COVID-19 pandemic on March 4, 2020; and
WHEREAS, on June 17, 2021, Cal/OSHA issued new emergency temporary standards (ETS} on COVID-19 infection prevention for the workplace (subsequently revised on December 16, 2021). The regulations require all individuals at City worksites to abide by certain rules, including wearing face coverings and socially distancing; and WHEREAS, on November 10, 2021, Governor Gavin Newsom signed Executive Order N-21-21 which extended through March 31, 2022, the state of emergency in California related to the threat of COVID-19; and
WHEREAS, on January 5, 2022 as mitigation for the Omicron variant, the California Department of Public Health (CDPH) extended the requirement that masks to be worn by all employees in all indoor public settings, irrespective of vaccine status, through February 15, 2022; and
WHEREAS, on February 7, 2022 the CDPH announced that effective February 16, 2022: universal masking shall remain required in only specified settings; and only unvaccinated persons are required to mask in all indoor public settings; and fully vaccinated individuals are recommended to continue indoor masking when the risk may be high; and
WHEREAS, on February 28, 2022 Governor Newsom issued Executive Order N5-22, which suspends part of the Cal/OSHA Temporary Emergency Standards.

Specifically, effective March 1, 2022, unvaccinated employees are no longer required to wear a face covering in most California workplaces. Notably, however, the universal indoor mask mandate remains in place for certain high-risk settings, such as healthcare and congregate settings; and
WHEREAS, as a consequence of the declared statewide emergency; the guidance and orders of the State Public Health Officer; and the Cal/OSHA temporary standards (ETS} on COVID-19 infection prevention for the workplace, the Los Banos City Council does hereby find that the legislative bodies of the City of Los Banos may conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953.

WHEREAS, in light of the foregoing, the City Council of the City of Los Banos desires to have the flexibility to meet in person or by remote teleconferencing pursuant to Government Code section 54953(e) as changing COVID-19 circumstances may dictate.

NOW THEREFORE, the CITY COUNCIL OF THE CITY OF LOS BANOS, DOES HEREBY RESOLVE, DECLARE, DETERMINE and ORDER AS FOLLOWS:
158
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Affirmation. The City Council hereby finds that the requisite conditions exist for the legislative bodies of the City of Los Banos to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of section 54953.

Section 3. Remote Teleconference Meetings. The City Manager, the Management Staff, and legislative bodies of the City of Los Banos are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.

Section 4. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) 30 days from adoption, or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of City of Los Banos may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 20th day of April 2022, by Council Member _ _ ___ who moved for its adoption, which motion was duly seconded by Council Member _ _____ , and the Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Manuel Thomas Faria, Ill, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
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TO:

FROM:

DATE:

LOsBanos
Agenda Staff Report
Mayor Faria and City Council Members
Stacy Souza Elms, Community and Economic Development Director ~ April 20, 2022
TYPE OF REPORT: Public Hearing
SUBJECT: Consideration of Conditional Use Permit #2022-02 to allow for the use of a Type 47 on-sale general alcohol license for Eddie's Cafe located at 401 W.

Pacheco Blvd.

Recommendation:

Staff recommends that the City Council adopt a resolution finding the proposed project to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Existing Facilities and approve Conditional Use Permit #2022-02 to allow for the use of a Type 47 on-sale general alcohol license in conjunction with a bonafide eating place for Eddie's Cafe located within the Highway Commercial Zoning District at 401 W. Pacheco Blvd.

Background:

The City of Los Banos Community & Economic Development Department is in receipt of a request for Conditional Use Permit #2022-02 for the applicant, Mauricio Colmenares Pacheco dba Eddie's Cafe to intensify the existing ABC Type 41 on-sale of beer and wine license to an ABC Type 47 license for on-sale general alcohol. Eddie's Cafe is located at 401 W. Pacheco Blvd. They operate seven (7) days a week from 7:00 AM to 9:00 PM.

The applicant, Mauricio Colmenares Pacheco took over the business in December 2019.

The project site was approved for its original Conditional Use Permit (CUP #2010-04) in January 2011 for an ABC Type 41 on-sale beer and wine license, and the applicant is 1 161
requesting to intensify their existing license. The proposed intensification from a Type 41 on-sale beer and wine to a Type 47 on-sale general alcohol results in the necessity for a Conditional Use Permit.

On March 23, 2022 the Los Banos Planning Commission held a public hearing to review Conditional Use Permit #2022-02 for the use of a Type 47 alcohol license for the on-sale of general alcohol in conjunction with a bona-fide eating place. At the public hearing, the Planning Commission considered the application, including the staff report, presentation by staff, and public comment. As the recommending body, the Planning Commission recommended approval of Conditional Use Permit #2022-02 to the Los Banos City Council.

Discussion:

LOCATION AND ACCESS:

The project site is located at 401 W. Pacheco Blvd., Assessor's Parcel Number: 027-161- 048. The project site is located within the Highway Commercial Zoning District (H-C) and consists of various commercial uses. The project site can be accessed only from Pacheco Blvd.
2 162
LAND USE:

Property
Project site
North
South
East
West
Land Use
Highway Commercial
Highway Commercial
Highway Commercial
Highway Commercial
Highway Commercial
H-C = Highway Commercial
ENVIRONMENTAL ASSESSMENT:

Zone
H-C
H-C
H-C
H-C
H-C
C = Commercial
General Plan
C
C
C
C
C
Pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, it has been determined that this project is found to be categorically exempt from the provisions of CEQA - Article 19, Section 15301, Existing Facilities. The applicant's request for the on-sale of general alcohol involving the permitting and licensing of an existing private structure and involves no expansion at 401 W. Pacheco Blvd.

USE PERMIT ANALYSIS
Code Requirements
Pursuant to the Los Banos Municipal Code Section 9-3.2322, a Conditional Use Permit is required for any establishment dispensing for sale or other consideration alcoholic beverages, including beer and wine, for on-sale or off-sale. The Planning Commission is the recommending body and the City Council is the decision making body for Conditional Use Permits for the on-sale and off-sale of alcoholic beverages. A Conditional Use Permit may be granted if the proposed use is conforming to the following criteria:

General Use Permit Criteria:

1. That the proposed use and project is consistent with the City of Los Banos General Plan, and Los Banos Municipal Code;

2. That the proposed use or project will not be a nuisance or detrimental to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use;

3. That the proposed use is compatible with the adjacent uses, properties and neighborhoods and will not be detrimental or injurious to property and improvement in the neighborhood or to the general welfare of the City.

Specific On-Sale and Off-Sale Alcoholic Beverages Criteria:

1. That the proposal will not contribute to undue proliferation of such uses in an area where additional ones would be undesirable with consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity;
3 163

2. That the proposal will not adversely affect adjacent or nearby churches, temples, or synagogues; public, parochial, or private elementary, junior high, or high schools; public parks or recreation centers; or public or parochial playgrounds;

3. That the proposal will not interfere with the movement of people along an important pedestrian street; and

4. That where the proposed use is in close proximity to residential uses, and especially to bedroom windows, the use will be limited in hours of operation, or designed operated so as to avoid the disruption of residents' sleep between the hours of 10:00 p.m. and 7:00 a.m.

Staff has evaluated the proposal pursuant to the above criteria set forth in the Municipal Code and offers the following observations:

1. The primary use is a restaurant (dine-in).

2. The surrounding area, adjacent uses, and function are primarily commercial in nature. A restaurant with the use of on-sale general alcohol in this location is consistent with the commercial uses of the Highway Commercial Zoning District.

3. Staff is unaware of any significant problems related to crime and loitering, in the surrnunding area which would be exacerbated by the on-sale of general alcohol at this location.

4. The approval of the sale of general alcohol for on-site consumption will not contribute to the undue proliferation of alcohol sales in the area where that use would be undesirable taking into account the characteristics of the area.

Additionally, the entitlement will include conditions of approval which will regulate the operational characteristics of allowing the sale of general alcohol and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity including crime prevention and loitering.

5. The proposed use is not located within the immediate vicinity of a place of worship.

The project will include conditions of approval which regulate the operational characteristics of allowing the sale of general alcohol for on-site consumption and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity and therefore will not have any adverse effect to the place of worship.

6. The project is located on Pacheco Blvd. which is primarily occupied by commercial uses. Conditions of approval will regulate loitering and operational characteristics to insure that the proposal will not interfere with the movement of people along the public right-of-way.

7. There are no residential units in the immediate vicinity of the project site. The project site is located in a commercial development and surrounded by existing commercial uses and will not directly impact existing residential uses to the south which are located more than 300 feet away. The project will include conditions of approval which regulate the operational characteristics of allowing the sale of 4 164
general alcohol for on-site consumption and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity. Therefore, the proposed use will not disrupt sleeping activities to the neighboring residences.

All sales of alcohol will be conducted within the restaurant and must be consumed on the premises. In addition, the project will be subject to conditions which will mitigate any adverse effects on the surrounding neighborhood and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity. The restaurant, Eddie's Cafe, will also be subject to the Los Banos Municipal Code Noise Ordinance.

Alcoholic Beverage Control
The Alcoholic Beverage Control Board (ABC) is the issuing authority for a Type 47 alcohol license. The City's authority for the sale of alcohol is through its land use powers embodied within the Los Banos Zoning Code.

ABC has the authority according to Section 23801 of the Business and Professions Code to exercise certain conditions under the license, the personal qualifications of the licensee, the conduct of the business or the condition of the premises, which will protect the public welfare and morals, including, but not limited to, the following:
a) Restrictions as to hours of sale
b) Display of signs
c) Employment of designated persons
d) Types and strengths of alcoholic beverages to be served where such types or strengths are otherwise limited by law
e) The portion of the privileges to be exercised under the license f) The personal conduct of the licensee
ABC may also refuse to issue a license to any person who has violated the Alcoholic Beverage Control Act, has a disqualifying criminal record, or is otherwise disqualified. 5 165
Census Tract
.. .,,-.,
\ ..... ,.:: ....
"" ,~ "''s,,
The project site is located in census tract 23.01
As of the date of this report, there are ten (10) on-sale licenses currently active in this specific census tract. The nearest active on-sale alcohol license to the project site within census tract 23.01 is Courtyard Mimosas located at 245 W. Pacheco Blvd., Stes. A & B, which is approximately 395 feet east of the project site. The approval of the requested Conditional Use Permit will not increase the active on-sale ABC licenses, as the existing Type 41 on-sale beer and wine will be replaced by the requested Type 47 on-sale general alcohol license, if approved.

License
Type Business Name Address
41 China Garden Restaurant 829 W. Pacheco Blvd.
41 Mountain Mikes Pizza 509 Pacheco Blvd.
41 Pizza Hut 419 Pacheco Blvd.
41 Black Bear Diner 955 W. Pacheco Blvd.
41 Taqueria El Rodeo 1313 E. Pacheco Blvd., Ste. D
41 Sugoi Sushi 1245 E. Pacheco Blvd.
41 Hot City BBQ and Bistro 1313 S. Sixth St.
41 Ajua! Restaurant 1041 E. Pacheco Blvd.
47 Courtyard Mimosas 245 W. Pacheco Blvd., Stes. A & B
41 Eddie's Cafe 401 W. Pacheco Blvd.

Type 41 license= on-sale beer and wine Type 47 license = on-sale general alcohol 6 166
PUBLIC COMMENT:

A public hearing notice was published in the Los Banos Enterprise and notices were provided to adjacent property owners within a 300 foot radius of the subject property on Friday, April 8, 2022. As of the date of this staff report, no comments have been received.

Attachments:

1. Resolution
Exhibit A
Exhibit B
Exhibit C

2. Floor Plan

3. Site Photos
I
I
CEQA Findings
Project Findings
Conditions of Approval

4. Public Hearing Notice - April 8, 2022
7 167

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168
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING
CONDITIONAL USE PERMIT #2022-02 TO ALLOW
THE USE OF A TYPE 47 ON-SALE GENERAL

ALCOHOL LICENSE FOR EDDIE'S CAFE
LOCATED AT 401 WEST PACHECO BOULEVARD
WHEREAS, the applicant, Mauricio Colmenares Pacheco d.b.a Eddie's Cafe, has requested that the City of Los Banos consider Conditional Use Permit #2022-02 to allow the use of a Type 47 alcohol license for the on-sale of general alcohol in conjunction with a bona-fide eating place, for Eddie's Cafe located at 401 W. Pacheco Blvd., Assessor's Parcel Number: 027-161-048; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, Conditional Use Permit #2022-02 for Eddie's Cafe was determined to be categorically exempt from the provisions of CEQA per Article 19, Section 15301 as the project site is an existing facility; and WHEREAS, the Los Banos Planning Commission held a public hearing on March 23, 2022, for the purpose of considering Conditional Use Permit #2022-02 and at the completion of the public hearing, duly considered the evidence presented and recommended approval of Conditional Use Permit #2022-02 to the Los Banos City Council; and
WHEREAS, a public hearing notice was published in the Los Banos Enterprise on Friday, April 8, 2022, and notices were mailed to property owners within a 300 foot radius of the project site as required by the Los Banos Municipal Code and Government Code Section 65091; and
WHEREAS, the Los Banos City Council has held a duly noticed public hearing, reviewed said Conditional Use Permit request and staff report, has studied the compatibility of the applicant's request with adjacent land uses and has considered this request in accordance with the Conditional Use Permit criteria established in Section 9-

3.2322 of the Los Banos Municipal Code; and
WHEREAS, the request/proposed use satisfies the criteria of the Los Banos Municipal Code.

BASED UPON THE EVIDENCE PRESENTED AT THE PUBLIC HEARING, the City Council of the City of Los Banos hereby makes the appropriate findings set forth in Exhibit A (California Environmental Quality Act (CEQA) Findings), and Exhibit B (Findings for Approval), attached hereto and incorporated herein by this reference. 169
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby find the project to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) and approves Conditional Use Permit #2022-02 to allow the use of a Type 47 on-sale general alcohol license, located at 401 W. Pacheco Blvd., subject to the Conditions of Approval set forth in Exhibit C, attached hereto and incorporated herein by this reference.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the __ day of _ ___ 20_, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Manuel Thomas Faria Ill, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
2 170

EXHIBIT A

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS FOR CONDITIONAL USE PERMIT #2022- 02 - EDDIE'S CAFE
Pursuant to the requirements of California Public Resources Code Section 21000 et seq. ("CEQA") and Title 14, California Code of Regulations Section 15000 et seq. (the "CEQA Guidelines"), the City as Lead Agency under CEQA adopts the following findings required by CEQA, along with the facts and evidence upon which each finding is based.

The City of Los Banos City Council hereby finds as follows:

1. Pursuant to CEQA, the CEQA Guidelines, and the City of Los Banos Environmental Quality Guidelines, Conditional Use Permit #2022-02 was evaluated and determined to be categorically exempt per Article 19, Section 15301 as the request for the on-sale of general alcohol involves the permitting and licensing of an existing private structure and involves no expansion at 401 W. Pacheco Blvd., APN 027-161-048.

2. Conditional Use Permit #2022-02 was adequately noticed on Friday, April 8, 2022, for consideration at a public meeting on Wednesday, April 20, 2022.

3. No further environmental documentation is required as the Conditional Use Permit was contemplated and adequately analyzed in the initial review.

4. Prior to considering the proposed Project, the Planning Commission considered the Categorical Exemption.
3 171

EXHIBIT B
FINDINGS FOR APPROVAL FOR CONDITIONAL USE PERMIT #2022-02 - EDDIE'S CAFE
The City of Los Banos City Council hereby finds as follows:

1. General Findings:
a. The project is consister:it with the City of Los Banos General Plan.

The existing General Plan land use designation for the project site is Commercial, which is intended for commercial development, located off of Pacheco Blvd., allowing for commercial uses.

The following specific General Plan Goals, Objectives, and Policies are applicable to the proposed project:

ECONOMIC DEVELOPMENT POLICY ED-G-7:

Seek and promote particular businesses or economic opportunities that provide needed local goods, services, employment, or those that enhance the City's physical and social well being.

LAND USE POLICY LU-G-1 O:

Foster viable, pedestrian-oriented neighborhood centers and strong, visually attractive regional commercial centers with a mix of tenants to serve both local and regional needs.

Evidence/Analysis: Mauricio Colmenares Pacheco d.b.a. Eddie's Cafe will have the ability to provide a wider range of service for customers and allows the restaurant to compete with similar type businesses. The proposed use would continue a commercial use that is compatible with and complementary of existing commercial uses adjacent to the project site. In addition, the project would also be consistent with General Plan land use policies as set forth above.
b. The zoning designation for the project site is Highway Commercial (H-C).

The purpose of the Highway Commercial District is to provide a district for commercial uses which do not specialize in serving the pedestrian shopper but rather, because of their character, are more appropriately located along a highway or major street and where drive-in operations are more feasible.

Evidence/Analysis: The proposed use complies with the Los Banos Municipal Code Title 9, Chapter 3, Article 13 as the use will be consistent with the surrounding area, adjacent uses, and function are primarily 4 172
commercial in nature. A restaurant providing for the on-sale of general alcohol is permitted in this location.

2. That the proposed use or project will not be a nuisance or detrimental to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use.

Evidence/Analysis: The on-sale of general alcohol will be conducted in accordance with ABC regulations; therefore, will not be a nuisance or detrimental to the neighborhood in which the store is located. The project contains conditions of approval which regulate the operational characteristics of allowing the serving of alcohol and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity.

3. That the proposed use is compatible with the adjacent uses, properties, and neighborhoods and will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.

Evidence/Analysis: The proposed use will be conducted in the location in which commercial retail uses operate and will not result in significant operational changes to the existing commercial area. The areas function and character is Commercial, which includes uses that sell alcohol. The project would include conditions of approval which regulate the operational characteristics of allowing the serving of alcohol and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity.

2. Specific Findings

1. That the proposal will not contribute to undue proliferation of such uses in an area where additional ones would be undesirable with consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity.

Evidence/Analysis: The primary use in conjunction with the selling of general alcohol for on-site consumption is a restaurant. As reflected in the staff report, the number of on-sale licenses in the Census Tract is currently ten (10). This proposal will not increase the amount of active on-sale licenses as this proposal will replace the existing Type 41 beer and wine license upon approval of the Type 47 general alcohol license. The census tract area and function is primarily commercial in nature, and is entirely consistent with a restaurant and the sale of general alcohol for on-site consumption. The proposed on-sale of general alcohol is complementary to the restaurant use that is compatible with and complementary of existing commercial uses in the area. The project would include conditions of approval which regulate the operational characteristics of allowing the selling of general alcohol for on-site consumption and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity including crime 5 173
prevention and loitering. Staff is unaware of any significant problems in the area related to crime and loitering, which would be negatively affected by the on-sale of general alcohol at this location.

2. That the proposal will not adversely affect adjacent or nearby churches, temples, or synagogues; public, parochial, or private elementary, junior high, or high schools; public parks or recreation centers; or public or parochial playgrounds.

Evidence/Analysis: Conditions of Approval have been incorporated into the project which regulate the operational characteristics of allowing the selling of general alcohol for on-site consumption and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity. The project is not located within the immediate vicinity of a place of worship conditions of approval have been incorporated into the project approval to mitigate any potential adverse effect.

3. That the proposal will not interfere with the movement of people along an important pedestrian street.

Evidence/Analysis: Alcohol will not be allowed to be consumed beyond the premises of the restaurant at any time and it is not anticipated that persons will congregate on sidewalks or streets as a result of the proposed use. Signage will also be provided on the property and building which prohibit loitering. It is not anticipated that the on-sale of general alcohol at this location will adversely affect any important pedestrian right of ways.

4. That where the proposed use is in close proximity to residential uses, and especially to bedroom windows, the use will be limited in hours of operation, or designed operated so as to avoid the disruption of residents' sleep between the hours of 10:00 p.m. and 7:00 a.m.

Evidence/Analysis: There are no residential units in the immediate vicinity of the project site. The project site is located in an existing commercial development and surrounded by existing commercial uses and will not directly impact the existing residential uses to the south that are located more than 300 feet away. The project will include conditions of approval which regulate the operational characteristics of allowing the sale of general alcohol for on-site consumption and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity. Therefore, the proposed use will not disrupt sleeping activities to the neighboring residences.
6 174

EXHIBITC
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT #2022-02- EDDIE'S CAFE

1. The following conditions of approval shall apply to and be applicable to the applicant, property owner, and/or operator. Reference to applicant, property owner, and/or operator shall be interpreted to include all.

2. Conditional Use Permit 2022-02 is for Mauricio Colmenares d.b.a. Eddie's Cafe located at 401 W. Pacheco Blvd., and the requested use shall automatically and without notice expire after one (1) year from date of approval by the Los Banos City Council unless commenced. The City for cause may revoke this Conditional Use Permit. Any expansion, intensification, or significant change to the primary use and the uses approved under this Conditional Use Permit shall be permitted only upon modification of this Conditional Use Permit or approval of a separate Conditional Use Permit application. The Conditional Use Permit shall automatically and without notice expire one year after discontinuance of the primary use and/or the uses approved under the Conditional Use Permit.

3. The applicant/operator shall comply with all other requirements, laws and policies of other governmental agencies in the conduct and operation of said business.

4. The applicant/operator shall obtain and maintain an active Type 47 Alcohol License for the on-sale of general alcohol in conjunction with a bona-fide eating place as defined by the Department of Alcoholic Beverage Control and shall provide a copy of said license upon issuance by the Alcoholic Beverage Control to the Community and Economic Development Department prior to the sale of alcohol on the premises.

5. A copy of these Conditions of Approval and the California Department of Alcoholic Beverage Control license are required to be kept on the premises and presented to any law enforcement officer or authorized City official upon request.

6. The applicant/operator shall be responsible for maintaining the exterior of the premises free of litter and trash at all times including the parking lot areas in front of the premises. No storage of equipment, supplies, or merchandise of any kind shall be allowed in the front or rear exterior of the building. All deliveries shall be made from the rear of the building.

7. The Planning Commission reserves the right to review and/or revoke this permit should the applicant not adhere to the Conditions of Approval. The City may amend or impose new conditions to mitigate adverse effects in the neighborhood resulting from the use of alcohol on the premises.

8. The applicant/operator agrees to indemnify, hold harmless, and defend the City of Los Banos, its officers, agents and employees from any and all liability or claims that may 7 175
be brought against the City of Los Banos arising out of its approval of this permit, or the environmental determination rendered in connection with the permit approval, or arising out of the operation of the use or uses allowed under the permit, save and except that caused solely by the City's active negligence.

9. The exterior of the premises, including parking lot area, shall be sufficiently illuminated, to the satisfaction of the Police Chief, during all hours of darkness when the premises are open for business in a manner so that persons accessing those areas at night are identifiable by law enforcement personnel.

10. The premises shall be operated primarily as a restaurant as described in the application prepared by the applicant and filed with the Community and Economic Development Department. Any substantial or significant changes in use or operation of the premises from the Operational Statement may cause a review, amendment or revocation of the Conditional Use Permit. The applicant shall notify the Community and Economic Development Department of any substantial or significant changes in use or operation of the premises from the Operational Statement.

11. The use of the premises of the subject site shall be consistent with the Conditions of Approval and shall not be operated in a manner that deviates from the approved Conditional Use Permit filed application and operational statement, which shall constitute a violation and may result in the revocation or modification of the permit upon written notice to the owner of the subject site.

12. Authorization of a Conditional Use Permit granted pursuant to the provisions of Section 9-3.2322 of the Los Banos Municipal Code continue to be valid upon change of ownership of the site or structure which was the subject of the Conditional Use Permit application provided the use shall be subject to all provisions of the Municipal Code and all conditions placed on approval of the Conditional Use Permit are continually met. The applicant shall immediately notify the Community and Economic Development Department of any changes in ownership.

13. This Conditional Use Permit shall be subject to revocation by the Community and Economic Development Director or the Planning Commission upon a finding that:
a. Conditions of approval have not been fulfilled;
b. A significant change or intensification of the approved use; c. The use has resulted in a nuisance or detriment to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood or is detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.

14. Consumption of alcohol shall only be allowed on the premises of the restaurant.

Outdoor patio consumption of alcohol shall only be permitted with a barrier between 8 176
the public right-of-way and restaurant patrons to be approved by the Community & Economic Development Director.

15. No loud amplification of music or voice shall be allowed outside.

16. The applicant/operator shall have monitoring cameras in the exterior and interior of the restaurant at all times to the satisfaction and approval of the Police Chief. The applicant shall always maintain the surveillance equipment in working order and keep the video recordings for 30 days to be made available to law enforcement upon request.

17. The premises shall be operated in accordance with the Los Banos Municipal Code Noise Ordinance.

18. The applicant shall acknowledge and execute receipt of a copy of the foregoing Conditions of Approval.

19. The applicant/operator shall provide signs prohibiting loitering on the property and/or building subject to the approval of the Community and Economic Development Director.

20. This approval is conditioned upon and shall be effective upon payment in full of all outstanding invoices pursuant to the Cost Recovery Contract. 9 177

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184
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~ ,t,, < LOs Banos
· . · , At the Crossroads of California

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: April 8, 2022
Regarding: Notice of Public Hearing
Proposal: Conditional Use Permit #2022-02- Eddie's Cafe Type 47 Alcohol License NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos City Council to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and Conditional Use Permit #2022-02 to allow the use of Type 47 Alcohol License for the on-sale of general alcohol in conjunction with a bona-fide eating establishment. The requested Conditional Use Permit is for Eddie's Cafe located within the Highway Commercial Zoning District at 401 W. Pacheco Blvd., more specifically identified as Assessor's Parcel Number: 027-161-048.

The Los Banos Planning Commission held a public hearing on Wednesday, March 23, 2022, for the purpose of considering the above mentioned project. At the completion of the public comment, the Planning Commission recommended approval of Conditional Use Permit #2022-02 to the Los Banos City Council.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos City Council meeting on Wednesday, April 20, 2022, at 6:00 p.m. in the Council Chambers of Los Banos City Hall located at 520 J Street. Questions regarding the above-referenced item may be directed to Stacy Souza Elms, Community & Economic Development Director, at City Hall or at (209) 827-2433.

All persons are invited to be present at the virtual public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing

THE CITY OF LOS BANOS
~za~
Community & Economic Development Director
185

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186
TO:

FROM:

DATE:

LOsBanos
At lhc c, sroads of Calffonzia.

Agenda Staff Report
Mayor Faria and City Council Members
Stacy Souza Elms, Community and Economic Development Director cfl2- April 20, 2022
TYPE OF REPORT: Public Hearing
SUBJECT: 2022 Development Impact Fee Annual Adjustment
Recommendation:

That the City Council consider the following:

1. Hold a public hearing to hear any public comments regarding the proposed impact fee adjustment;

2. Find that the proposed impact fee adjustment is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3); and

3. Adopt a resolution approving a 14.8% increase to development impact fees to reflect construction cost changes in 2022, to become effective 60 days after adoption.

Background:

On January 15, 2020, the Los Banos City Council approved the Development Impact Fee Justification Study to reflect the development horizons of the 2030 General Plan and Police Station Needs Assessment. Development impact fees are established in conformance with the requirements of the Mitigation Fee Act (California Government Code Sections 66000, et seq.), which was enacted by the State of California in 1987, by 1 187
identifying additional public facilities required by new development ("Future Facilities") and determining the level of fees that may be imposed to pay the costs of the Future Facilities.

In 2006, Government Code Section 66001 was amended to clarify that a fee cannot include costs attributable to existing deficiencies but fund costs used to maintain the existing level of service ("LOS") or meet an adopted level of service that is consistent with the general plan.

The development impact fees do not pay for operation and maintenance of capital facilities, or city staffing costs. Development Impact Fees are segregated from the General Fund and from other City budget funds or accounts containing fees collected for other purposes in accordance with accounting standards.

Discussion:

Pursuant to Los Banos City Council Resolution No. 6163, the amount of the development impact fees shall be modified annually each July 1 based on the change in the Engineering News Record's - Construction Cost Index (ENR-CCI) as reported for the twelve-month period ending in April of each year. The adjustment based on the change in the ENR-CCI ending in April 2022 is a 14.8% increase. This increase would be applied to all development impact fees and will go into effect on July 1st after approval.

Below is a comparison chart per unit (residential)/ 1,000 square feet (non-residential).

Single Family
Multi-family
Age Restricted
Retail
Office
Institutional
Industrial
Environmental Review:

Current Fee
$28,315.42
$22,504.65
$15,324.89
$17,559.65
$9,392.94
$5,674.18
$3,839.95
Pro osed Fee
$32,506.11
$25,835.34
$17,592.97
$20,158.48
$10,783.11
$6,513.95
$4,408.27
The proposed mitigation fee adjustment is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b )(3), which is the general rule that CEQA applies only to projects with the potential for causing direct or indirect significant environmental effects.

Fiscal Impact:

The proposed adjustment of 14.8% to the development impact fees would ensure that new development is adequately funding its share of the costs of new public facilities as 2 188
the costs to construct these projects increase over time. The annual adjustment to the impact fees provide for fees that better reflect construction costs increases to ensure the City does not subsidize new development's share of these facilities and that adequate funding is available when the City is ready to construct these projects.

Public Notice:

A public hearing notice was published in the Los Banos Enterprise on March 25, 2022.

Additionally, local developers and the Building Industry Association of the Greater Valley (BIA) were directly mailed public notices on March 15, 2022.

1. Resolution
Exhibit A - Proposed 2021 Adjusted Development Impact Fees

2. Construction Cost Index Chart

3. Current Summary of Development Impact Fees -Adopted July 7, 2021

4. Public Hearing Notice - March 25, 2025
3 189

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190
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING AN

INCREASE IN DEVELOPMENT IMPACT FEES TO

REFLECT INCREASES IN THE ENGINEERING

NEWS RECORD CONSTRUCTION COST INDEX
FOR 2022
WHEREAS, on January 15, 2020, the City Council adopted Resolution No. 6163, approving a development impact fee justification study to be collected from new development projects as authorized by Article XI, Section 7 of the California Constitution, the Mitigation Fee Act (Gov. Code § 66000, et seq.,); and Los Banos Municipal Code; and
WHEREAS, City Council Resolution No. 6163 establishes the process for the annual adjustment of development impact fees based on the change in the Engineering News Record's Construction Cost Index as reported for the twelve-month period ending in April of each year; and
WHEREAS, the Engineering News Record's Construction Cost Index for the San Francisco area indicates that construction costs increased 14.8 percent for the twelvemonth period ending in April 2022; and WHEREAS, the City of Los Banos complied with the notice requirements of the California Government Code Sections 66016 and 66018; and WHEREAS, the City Council held and conducted a public hearing on April 20, 2022, in accordance with applicable public notice, to review and consider the increase in development impact fees, and the updated Development Impact Fee Schedule; and WHEREAS; the City Council now wishes to adjust the fees in accordance with the increase in the Engineering News Record Construction Cost Index for the San Francisco area and adopt the fees at the revised rates set forth in Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby resolves as follows:

SECTION 1. In light of the increases in the Engineering News Record's Construction Cost Index for the twelve-month period ending in April 2022, the City Council approves an adjustment to increase development impact fees by 14.8 percent and adopts the increased development impact fees as shown on Exhibit A. 191
SECTION 2. The increased development impact fees as set forth in Exhibit A and adopted Resolution shall become effective on July 1, 2022.

SECTION 3. This Resolution adjusts only the amount of development impact fees to be collected from new development and does not modify any other provisions of Resolution No. 6163, which shall remain in full force and effect.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 20th day of April 2022, by Council Member _ _ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Manuel Thomas Faria Ill, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
2 192
Exhibit A
Single Family $ 1,483.18 $ 2,775.36 $ 8,285.99 $ 7,447.72 $ 5,714.59 $ 3,487.47 $ 1,537.41 $ 827.65 $ 946.73 s iz,sna.11 Multi-family $ 1,186.07 $ 2,220.05 $ 6,628.31 $ 5,958.65 $ 4,572.15 $ 2,790.68 $ 1,064.63 $ 662.59 $ 752.20 $ 1~;,,s,,s.,4 , V• ,, ~ •• y Age Restricted $ 802.90 $ 1,502.04 $ 4,484.90 $ 4,030.98 $ 3,093.69 $ 1,887.58 $ 830.02 $ 448.02 $ 512.87 . $. li'tl,a_,97 Retail $ 845.34 $ 1,581.04 $ $ 4,243.20 $ 3,256.38 $ 1,987.78 $ 7,657.58 $ $ 587.14 $· ,10>151:,48 Office $ 634.30 $ 1,186.07 $ $ 3,183.29 $ 2,441.70 $ 1,490.25 $ 1,533.88 $ $ 313.61 $ ii,;18·S,11 Institutional $ 317.15 $ 593.03 $ $ 1,591.64 $ 1,221.44 $ 745.12 $ 1,855.74 $ $ 189.82 $ 61$li~!!U> .

Industrial $ 211.04 $ 394.97 $ $ 1,061.10 $ 813.51 $ 496.36 $ 1,302.80 $ $ 128.51 $ 4i4111&.i1 193

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ENR
Engineering News-Record
City Cost Index - San Francisco - As of April 2022
It Tweet Share Share 110
The building and construction cost indexes for ENR's individual cities use the same components and weighting as those for the 20-city national indexes. The city indexes use local prices for portland cement and 2 X 4 lumber and the national average price for structural steel. The city's BCI uses local union wages, plus fringes, for carpenters, bricklayers and iron workers. The city's CCI uses the same union wages for laborers.

To find more recent cost index data, go to this webpage (link below) and click on the link for the year you need, and then navigate to the week you need. Keep in mind that the city cost index figures are always published in the second weekly issue of the month. htt ://www.em.com/economics/current costs
Go back to view all Ci!)' Indexes.

Year
Month
B T
%CHG
CCI
%CHG
Year
Month
BC!
%CHG
CCI
¾CHG
Year
Month
B I
%CHG
Cl
%CHG
ENR COST INDEXES IN SAN FRANCISCO (1978-2022)
2022
April
9810.39
+24.8
15103.81
+14.8
2022
March
9833.42
+25.4
15126.84
+15.1
2022
February
9102.28
+ 16.5
W96.70
+9.8
Privacy~ Terms
195
Year 2022
Month January
BCI 9007.82
%CHG +15.4
CCI 14301.24
+9.2
2021
December
8934.82
+13.5
14228.24
+8.0
2021
November
BCI 9127.62
%CHG +15.9
CCI 14421.03
%CHG +9.5
Year 2021
Month October
BCI 9158.49
%CHG +16.3%
CCI 14451.91
%CHG +9.8%
Year 2021
Month September
BCI 8290.40
%CHG +7
.5
CCI 13583
.81
%CHG T4,4
Year 2021
Month Augu~1
BCl 8524.32
%CHG
+ 11.8
CCI
13817.73
%CHG
+6.9
196
Year
Month
%CHG
CCI
%CHG
Month
BCI
%CHG
CCI
%CHG
Year
Month
BCI
%CHG
%CHG
Year
Month
%CHG
CCI
%CHG
%CHG
2021
July
8468.17
+11.2
13762.01
+6.6
2021
June
8165.26
+5.6
13459.10
+3.4
2021
May
8131.51
+8.1
13425.35
+4.7
2021
April
7863.57
+4.5
13157.41
+2.7
2021
March
7843.32 +4.3
13137. 16
+2.5
2021
Feb
7816.32
+4.0
13110.16
+2.4
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CITY OF LOS BANOS

NOTICE OF PUBLIC HEARING

PUBLIC FACILITY IMPACT FEE PROGRAM

AND DEVELOPMENT IMPACT FEES
NOTICE IS HEREBY GIVEN that the Los Banos City Council will conduct a Public Hearing to receive public comment regarding the annual adjustment to the Los Banos Development Impact Fee Schedule based on the Engineering News Record Construction Cost Index.

The Public Hearing will be held at the regular meeting of the Los Banos City Council on Wednesday, April 20, 2022 at 6:00 p.m. in the Council Chambers at Los Banos City Hall located at 520 J Street, or as near as possible thereafter, at which time and place interested persons may appear and be heard thereon. Questions regarding the abovereferenced item may be directed to Stacy Souza Elms, Community and Economic Development Director, 520 J Street or at (209) 827-7000.

The data supporting the proposed adjustment to City's Development Impact Fees will be available for review ten (10) days prior to the public hearing in the City Clerk's Office located at 520 J Street, Los Banos California.

All interested persons will be given an opportunity to comment on this item at the Public Hearing. In addition, written comments may be submitted to the City Council at or prior to the hearing, mailed to 520 J Street, Los Banos, CA 93635, Attention: Stacy Souza Elms, Community and Economic Development Director. Please reference hearing title and date of hearing in any correspondence. If no comments are received prior to or on the above date, it will be assumed that no comments are being offered. Please note that if you challenge the City's final decision on the above matter in court, you may be limited to raising only those factual and legal issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. In light of the foregoing, all interested members of the public are encouraged to voice their concerns regarding all above matter either in person at the hearing or in writing through correspondence addressed to the City Council and submitted to the City Council at or prior to the date of the above hearing.

It is the intention of the City to comply with the Americans with Disabilities Act (ADA). If you require special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the City Clerk's Office at (209) 827-7000 at least 48 hours prior to the meeting to inform us of your particular needs.

THE CITY OF LOS BANOS
Stacy Souza Elms
Community & Economic Development Director
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FROM:

T Cityof B LOS .anos

4.t Ct, .

Agenda Staff Report
Mayor & City Council Members
Soknirorn Than, P .E., Public Works Director/City Engineer __9--71=-- Stacy Souza Elms, Community and Economic Development Director DATE: April 20, 2022
TYPE OF REPORT: Agenda Item
SUBJECT: Solar Procurement for the Community Center and the Waste Water Treatment Plant through Peninsula Clean Energy Partnership Recommendation:

That the City Council of the City of Los Banos adopts a Resolution authorizing the City Manager to deploy a Solar Photovoltaic System (Solar PV System) at the Community Center and the Waste Water Treatment Plant in partnership with Peninsula Clean Energy should the City Manager determine that there are cost effectiveness or other community benefits as determined by the City following participation in a collaborative procurement(s) led by Peninsula Clean Energy.

Background:

Peninsula Clean Energy (PCE) has developed a pilot procurement process for the purchase and installation of solar photovoltaic (PV) systems at municipal facilities. This program was developed to support PCE's organizational objectives to increase local renewable energy generation, help reduce customer energy costs, and help its customers achieve their sustainability goals.

The solar PV systems would be financed through a Power Purchase Agreement (PPA) with PCE. Under the PPA model, PCE will arrange for the installation, operations and maintenance of the solar PV system, and the City would pay an agreed upon price per kilowatt-hour (kWh) for power generated throughout the system's life. The PPA will be provided "at cost" by PCE to cover equipment and installation. In addition, PCE will also retain a small $/kWh fee to cover its expenses. It is anticipated that the electricity rate set 201
under the PPA will be lower than that charged by PG&E and that the cost saving under this program will increase over the life of the PPA as utility costs escalate over time.

At this time, PCE cannot provide a specific PPA price until the equipment costs are determined via competitive bid solicitation. However, to make the RFP as competitive as possible, bidders need to know that there is a firm commitment by participating facility owners to move forward if they can provide pricing that results in net savings. PCE is therefore requesting the City to take a formal action to demonstrate strong intent to participate in the program, if economically beneficial to the City. If PCE is unable to offer a PPA rate for the solar PV system that will provide the City with net savings or other community benefits as determined by the City, then there would be no obligation to move forward.

PCE has reduced risks to all parties by hiring an independent engineer to complete an analysis for facilities currently in the pilot portfolio and acting as the counterparty to the PPA, which will bring down costs, streamline procurement, and reduce the amount of time required by City staff while obtaining the environmental, economic, and other community benefits.

The benefits of this project include:
• The City will obtain financial and environmental benefits of a Solar PV System with no upfront costs and without incurring the staff time, cost, and complexity of running its own solicitation
• The City will create local, renewable energy to advance its sustainability objectives at its facilities
• The City will hedge against rising utility rates, which over the course of over 20 year system life will be significant
• Peninsula Clean Energy has evaluated facilities with its engineering services partner and determined a feasible design for a Solar PV System • Peninsula Clean Energy will, if necessary, undertake an independent engineering assessment of facility roof to confirm structural ability to support Solar PV equipment once the City has committed to this Resolution • Peninsula Clean Energy will execute all aspects of the procurement process • Peninsula Clean Energy will administer the construction and maintenance of the Solar PV System
Time is of the essence as the California Public Utilities Commission is currently engaged in rulemaking for changes to the Net Energy Metering (NEM) tariffs governing solar PV resources. It is expected that the next iteration of NEM (NEM 3) will be less advantageous for solar and may negatively affect project economics. In the past, projects that had reached a defined stage were grandfathered in under the existing tariff at the time, and it is expected this might apply to the latest NEM revision as well. As such, it is important to get projects deployed as soon as possible. If NEM 3 is enacted prior to the deployment of Solar PV Systems from this procurement and would prevent Peninsula Clean Energy from offering a PPA at net benefits to the City, Peninsula Clean Energy would have the right to terminate this pilot program at no cost or obligation to the City. 202
Discussion:

PCE has collaborated with its Joint Power Authority (JPA) members, including the City of Los Banos, to identify candidate facilities and develop solar PV system designs for these sites. At its expense, PCE has engaged an established independent engineering firm via a competitive solicitation and working with City staff, in producing a preliminary design for two solar PV systems, one for the Community Center and one for the Waste Water Treatment Plant. The purpose of this preliminary design is to max out the potential of how many panels can be accommodated on each. The proposed design for the facilities includes a 152 kW carport solar installation at the Community Center and a 277 kW ground mounted installation for the Waste Water Treatment Plant. These installations will cover roughly 100% of the annual electricity use for the two facilities.

Given the design work that has already been completed, the Community Center and the Waste Water Treatment Plant are the two facilities that are eligible to move forward for the initial round of the pilot program. However, the City may identify additional facilities for evaluation in subsequent procurement rounds.

Currently, there are 11 other municipalities that have committed to participate in this program. This includes Atherton, Belmont, Brisbane, Colma, Hillsborough, Millbrae, Pacifica, Redwood City, San Bruno, San Carlos, San Mateo, and County of San Mateo.

Fiscal Impact:

There is no expected upfront cost to the City for the solar installations. It is anticipated that the electricity rate set under the PPA will be lower than that charged by PG&E over the life of the agreement.

The Solar PV Systems would be financed through a Power Purchase Agreement (PPA) with Peninsula Clean Energy. With a PPA model, Peninsula Clean Energy will arrange for the installation, operations and maintenance of the Solar PV System, and the City would pay an agreed upon price per kilowatt-hour (kWh) for power generated throughout the system's life. The PPA will be provided "at cost" by Peninsula Clean Energy to cover equipment and installation. Peninsula Clean Energy will retain a small $/kWh fee to cover its expenses and will be fully transparent with the City about all salient aspects of the project's financials.

If Peninsula Clean Energy is unable to offer a PPA rate for the Solar PV System that will provide the City with net savings or other community benefits as determined by the City, then there would be o obi" ation to move forward.

Attachments:

Resolution
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RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LOS BANOS AUTHORIZING THE CITY MANAGER TO

DEPLOY SOLAR PHOTOVOLTAIC SYSTEMS AT

MUNICIPAL FACILITIES IN PARTNERSHIP WITH THE

CITY'S PUBLIC POWER PROVIDER, PENINSULA CLEAN

ENERGY, THROUGH A STANDARD POWER PURCHASE

AGREEMENT
WHEREAS, the City of Los Banos City Council has demonstrated its commitment to a sustainable and resilient future through its policy goals and actions, including energy reduction, clean energy programs, and the expansion of local renewable power supply; and
WHEREAS, a Community Choice Aggregation program is a mechanism by which local governments assume responsibility for providing electrical power for residential and commercial customers in their jurisdiction in partnership with local commercial energy purveyors and owners of transmission and distribution facilities, which in the case of Los Banos is Pacific Gas & Electric Co.; and
WHEREAS, on October 7, 2020 the City Council adopted Resolution 6272 authorizing CITY's participation in the Peninsula Clean Energy Authority, development of the Peninsula Clean Energy Community Choice Aggregation program, and authorized implementation of Peninsula Clean Energy as City's Load Serving Entity; and NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos that the City Manager is authorized to deploy Solar Photovoltaic Systems at municipal facilities in partnership with the City's public power provider, Peninsula Clean Energy through a standard Power Purchase Agreement with Peninsula Clean Energy, should the City Manager determine that the project result in financial and/or community benefits.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 20th day of April, 2022, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT: APPROVED:

Manuel Thomas Faria Ill, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
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DATE:

LOsBanos
i\t tire Crossroads ~f California
Agenda Staff Report
Mayor and City Council Members
Mason Hurley, Fire Chief(@)
April 20, 2022
SUBJECT: Adoption of the Merced County Multi-Jurisdictional Local Hazard Mitigation Plan with local annex
TYPE OF REPORT: Agenda
Recommendation:

That the City Council considers adoption of a resolution adopting the Merced County Multi-Jurisdictional Local Hazard Mitigation Plan with local annex.

Background:

In 2000, Congress passed the Disaster Mitigation Act of 2000, which focuses on hazard mitigation before, rather than after, disasters such as earthquakes, fires, and floods.

Congress' goal was to encourage local governments and states to develop plans and undertake projects to mitigate the impact of natural disasters before they happen. The Act stresses the importance of mitigation planning and disaster preparedness prior to an event, an effort by the federal government to reduce the rising cost of natural disasters.

The legislation therefore requires all local governments to develop and adopt a Local Hazard Mitigation Plan in order to be eligible for participation in and receive disaster mitigation funding from the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP).

The Local Hazard Mitigation Plan (LHMP) is a planning document for hazards mitigation, focusing primarily on natural hazards. Its purpose is to identify natural hazards in the area and ways to mitigate the impacts of those hazards before they occur. The LHMP establishes a planning process for developing the document, incorporates applicable prior hazard studies, assesses the resources available for hazards mitigation planning, including existing ongoing hazards planning and mitigation for the area, identifies natural hazards affecting the area and assesses the risk to people and property from those hazards, and provides mitigation strategies for minimizing the impacts of identified hazards. The primary intent of the LHMP is to minimize impacts to people and property 207
from identified natural hazards. It is not intended to provide response scenarios for emergency events.

Discussion:

The County of Merced and cities of Los Banos, Atwater, and Livingston, have united to develop a multi-jurisdiction local hazard mitigation plan (Plan). On January 6, 2020, the Merced County Board of Supervisors accepted the Federal Emergency Management Agency (FEMA) Pre-Disaster Hazard Mitigation Plan grant award. As a result of the request for proposals, on November 3rd 2020, Wood Environmental and Infrastructures Solutions, Inc was awarded the contract to update the Multi-Jurisdiction Local Hazard Mitigation Plan for the County of Merced and the Cities of Atwater, Dos Palos, Gustine, Livingston, Los Banos and Merced. The finished plan was submitted to FEMA in January of 2022 for review and tentative approval
Each of the participating jurisdictions have provided input consisting of Hazard Analysis, Hazard Mitigation actions, Hazard Identification, Vulnerability Assessment and Risk Assessment. Planning meetings with planning team members and the consulting staff team were conducted through the entire process. Fire Chief Mason Hurley, represented the City of Los Banos with collaboration from Public Works Operations Manager William Via and Planning / Economic Development Director Stacy Souza Elms. On December 16, 2020, the Planning Team convened virtually to discuss the process for completing the update of this plan. On March 24, 2021 the HMPT convened virtually to discuss the results of the risk and vulnerability assessment. On May 13th and June 29, 2021, the HMPT convened virtually to discuss Mitigation Strategies and Goals. Public meetings were held on September 15th and October 6, 2021.

In March 2022, tentative approval of the Plan was given by FEMA pending formal adoption by all of the participating jurisdictions.

Fiscal Impact:

There are no negative fiscal impacts associated with this action. The Multi-Jurisdictional Hazard Mitigation Plan is a prerequisite to receiving certain disaster r..eimbursement funding. Failure to adopt the Multi-Jurisdictional Hazard Mitigation Plan ay jeopardize disaster reimbursement in the event of a local consequence.

Reviewed by:

Attachments:

Multi-Jurisdictional Local Hazard Mitigation Plan
Resolution
Jos
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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LOS BANOS, ADOPTING THE 2014
MERCED COUNTY MUL Tl JURISDICTIONAL

LOCAL HAZARD MITIGATION PLAN
WHEREAS, the Disaster Mitigation and Cost Reduction Act of 2000, was signed into law on October 30, 2000; and
WHEREAS, the Disaster Mitigation Act of 2000 requires all jurisdictions to be covered by a Local Hazard Mitigation Plan (LHMP) to be eligible for Federal Emergency Management Agency (FEMA) post-disaster funds; and
WHEREAS, the City of Los Banos has committed to participate in the development of the Merced County Multi-Jurisdictional Local Hazard Mitigation Plan; and WHEREAS, this Merced County Multi-Jurisdictional Local Hazard Mitigation Plan meets the goal of mitigating natural disasters in the Merced County and the cities of Los Banos, Atwater, and Livingston; and
WHEREAS, the City of Los Banos participated in the development of the City of Los Banos Local Hazard Mitigation Plan Annex; and
WHEREAS, the City of Los Banos is concerned about mitigating potential losses from natural disasters before they occur, and
WHEREAS, the plan identifies potential hazards, potential loses and potential mitigation measures to limit losses, and
WHEREAS, Federal Emergency Management Agency has tentatively approved the plan; and
WHEREAS, formal adoption of the plan by the City Council of Los Banos is required before final approval of the plan can be obtained from the Federal Emergency Management Agency; and
WHEREAS, the City of Los Banos has determined that it would be in the best interest of the City of Los Banos to adopt the Local Hazard Mitigation Plan with its local annex.

NOW, THEREFORE, BE IT RESOLVED that the City of Los Banos adopts with its local annex, the Merced County Multi-Jurisdictional plan as its Local Hazard Mitigation Plan.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City of Los Banos commits to continuing to take those actions and initiating further actions, as appropriate, as identified in the City Annex of that multi-jurisdictional Local Hazard Mitigation Plan by adopting the mitigation strategies and by including policies and implementing measures 209
that reiterate the City's commitment to the LHMP in the Safety Element of its General Plan.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 20th day of April 2022, by City Council Member _____ , who moved its adoption, which motion was duly seconded by City Council Member _ _ ___ , and the Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Manuel Thomas Faria Ill, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
210
'
MEfiCEDP:- c o u NT v

MULTI-JURISDICTIONAL

HAZARD MITIGATION PLAN
211
I
MEL.tc·r- c;~ ft Merced County Multi-Jurisdictional Hazard Mitigation Plan -----------------------'='---'~'-'--'---"'-'- -- Table of Contents COUNTY

TABLE OF CONTENTS
Introduction ........................................................................................................................................................................ 1-1

1. 1 Purpose of Plan ................................................................................................................................................ 1-1

1.2 State and Local Regulatory Framework ................................................................................................. 1-1

1.3 Background and Scope ................................................................................................................................. 1-1

1.4 Multi-Jurisdictional Planning ...................................................................................................................... 1-3

1.5 Plan Organization ............................................................................................................................................ 1-3 2 Community Profile and Capability Assessment ................................................................................................... 2-1

2.1 History .................................................................................................................................................................. 2-1

2.2 Geography and Climate ................................................................................................................................ 2-3

2.3 Economy ............................................................................................................................................................. 2-3

2.4 Population .......................................................................................................................................................... 2-4

2.5 County's Mitigation Capabilities ............................................................................................................... 2-5

2.5.1 Regulatory Mitigation Capabilities .......................................................................................... 2-6

2.5.2 Administrative and Technical Mitigation Capabilities ...................................................... 2-9

2.5.3 Fiscal Mitigation Capabilities .................................................................................................. 2-11

2.5.4 Other Mitigation Programs and Partnerships .................................................................. 2-11

2.5.5 Opportunities for Enhancement ............................................................................................ 2-12 3 Planning Process .............................................................................................................................................................. 3-1

3.1 Background on Mitigation Planning in Merced County .................................................................. 3-1

3.2 What's New in the Plan Update ................................................................................................................. 3-1

3.2.1 Plan Section Review and Analysis - 2021 Update ............................................................. 3-2

3.3 Multi-Jurisdictional Participation .............................................................................................................. 3-4

3.4 Planning Process ............................................................................................................................................. 3-5

3.4.1 Phase 1: Organize Resources .................................................................................................... .3-6

3.4.2 Planning Step 3: Coordinate with Other Departments and Agencies .................... 3-12

3.4.3 Phase 2: Assess Risks .................................................................................................................. 3-15

3.4.4 Phase 3: Develop the Mitigation Plan ................................................................................. 3-16

3.4.5 Phase 4: Implement the Plan and Monitor Progress ..................................................... 3-16 4 Hazard Identification and Risk Assessment... ...................................................................................................... ..4-1

4.1 Hazard Identification .................................................................................................................................... .4-2

4.1.1 Overall Hazard Significance Summary .................................................................................. .4-3

4.1.2 Non-Profiled Hazards .................................................................................................................. .4-4

4.1.3 Disaster Declaration History ...................................................................................................... .4-5

4.1.4 Climate Change Considerations Summary .......................................................................... .4-6

4.1.5 Overview of Hazard Identification and Risk Assessment ............................................... .4-7 Asset Summary ................................................................................................................................................................. 4-8

4.1.6 Assets Exposure ............................................................................................................................... 4-8

4.2 Hazard Analysis and Risk Summary ...................................................................................................... 4-21

4.2.1 Dam lncidents ............................................................................................................................... 4-21

4.2.2 Drought ........................................................................................................................................... 4-35

4.2.3 Earthquake ..................................................................................................................................... 4-47

4.2.4 Flood & Levee Failure ................................................................................................................ 4-67

4.2.5 Landslide ......................................................................................................................................... 4-87

4.2.6 Severe Weather: General .......................................................................................................... 4-93

4.2.7 Severe Weather: Extreme Temperatures: Freeze and Extreme Heat ....................... 4-94

4.2.8 Severe Weather: Dense Fog .................................................................................................. 4-101 2021 -2026 Update Page ,
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Merced County Multi-Jurisdictional Hazard Mitigation Plan Table of Contents

4.2.9 Severe Weather: Heavy Rain ................................................................................................. 4-106

4.2.10 Severe Weather: High Wind(Tornado .............................................................................. .4-115

4.2.11 Subsidence ................................................................................................................................... 4-127

4.2.12 Wildfire .......................................................................................................................................... 4-133

4.2.13 Hazardous Materials lncidents ............................................................................................ .4-151

4.2.14 Cyber Attack ................................................................................................................................ 4-160

4.2.15 Agricultural Pests and Disease ............................................................................................ .4-165

4.2.16 Pandemics/Epidemics .............................................................................................................. 4-171 5 Mitigation Strategy ......................................................................................................................................................... 5-1

5.1 Mitigation Goals and Objectives ............................................................................................................... 5-1

5.1.1 Continued Compliance with the National Flood Insurance Program (NFIP) .......... 5-3

5.2 Identification and Analysis of Mitigation Actions .............................................................................. 5-4

5.2.1 Prioritization Process ..................................................................................................................... 5-5

5.3 Mitigation Strategy Action Plan ................................................................................................................ 5-7

5.3.1 Progress on Previous Mitigation Actions .............................................................................. 5-7

5.3.2 Updated Action Plan ..................................................................................................................... 5-8 6 Plan Adoption, Implementation, and Maintenance ........................................................................................... 6-1

6.1 Adoption ............................................................................................................................................................. 6-1

6.2 Implementation ............................................................................................................................................... 6-1

6.2.1 Role of the Hazard Mitigation Planning Team in Implementation and Maintenance ..................................................................................................................................................... 6-2

6.3 Maintenance ..................................................................................................................................................... 6-2

6.3.1 Maintenance Schedule ................................................................................................................. 6-2

6.3.2 Maintenance and Evaluation Process ..................................................................................... 6-3

6.3.3 Incorporation into Existing Planning Mechanisms ............................................................ 6-4

6.3.4 Continued Public lnvolvement .................................................................................................. 6-5 7 Plan Adoption ................................................................................................................................................................... 7-1

7.1 Element E.1 Formal Adoption Documentation .................................................................................... 7-1 8 References .......................................................................................................................................................................... 8-1

LIST OF APPENDICES
Appendix A: Planning Team
Appendix B: Planning Process Documentation
Appendix C: Approval and Adoption
Appendix D: Mitigation Categories and Alternatives
Appendix E: Annual Progress Meeting Agenda and Report Template Appendix F: Outreach Strategy

LIST OF ANNEXES
Annex A: City of Atwater
Annex B: City of Dos Palos
Annex C: City of Gustine
Annex D: City of Livingston
Annex E: City of Los Banos
Annex F: City of Merced
2021-2026 Update Page 11
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1 MEPCEDh---------------M~e~rc~ed~Co_u_n~ty_M_u~lt~i-~Ju~ri_sd_ic_ti_o_na_l_H~az~a~ro_M_i_tig~a_ti_on----'Pl=an_ - ~ - Introduction
COUNTY
1 INTRODUCTION

1.1 Purpose of Plan
Merced County including the participating jurisdictions of the have prepared this multi-jurisdictional hazard mitigation plan (MJHMP) to guide hazard mitigation planning to better protect the people and property of the County from the effects of hazard events. This plan demonstrates the community's commitment to reducing risks from hazards and serves as a tool to help decision makers direct mitigation activities and resources. This plan was also developed to make Merced County and the participating jurisdictions eligible for certain federal disaster assistance, specifically, the Federal Emergency Management Agency's (FEMA) Hazard Mitigation Assistance (HMA) grants including the Hazard Mitigation Grant Program (HMGP), Flood Mitigation Assistance (FMA) and Building resilient Infrastructure and Communities program, as well as to make the County and jurisdictions more disaster resistant. This plan demonstrates the County's commitment to reducing risks from hazards and serves as a tool to help decision makers direct mitigation activities and resources.

1.2 State and Local Regulatory Framework
The MJHMP was prepared consistent with the Health and Safety Element of the Merced County General Plan, as the planning effort covers common overlapping natural hazard issues and mutually reinforcing policies and implementation programs. The MJHMP and Health and Safety Element are considered complimentary documents that address natural hazards, and both planning documents contain goals, policies, and project actions or implementation programs to enhance the County's mitigation efforts related to public safety.

California Government Code Section 65302.10, also referred to as Assembly Bill (AB) 2140 encourages California counties and cities to adopt their current, FEMA-approved LHMPs into the Safety Element of their General Plan. This adoption by reference or incorporation of the MJHMP into the Safety Element of the General Plan follows plan approval and makes Merced County and each participating jurisdiction eligible to be considered for part or all of its local share costs on eligible public assistance funding to be provided by the state through the California Disaster Assistance Act (CDAA). The CDAA allows the state to pay up to 18.75 percent of the non-federal share that would otherwise fall upon the county or city to pay for public assistance projects. The legislature passed AB 2140 to provide additional funding after a disaster occurs. The local share is 25 percent of the total project cost; therefore, the legislation allows city and counties that comply to be eligible for only the remaining local share (6.25 percent).

AB 2140 is an optional state incentive to help counties and cities become more resilient to natural hazards. Compliance with AB 2140 also expires when the MJHMP expires, and the County must re-adopt the plan into the Safety Element during update cycles to ensure continued compliance and funding eligibility. Additionally, each participating jurisdiction in Merced County must adopt their annex into their own General Plan Safety Element, as the annex jurisdictions are not covered under the County's General Plan Safety Element adoption.

1.3 Background and Scope
Each year in the United States, disasters take the lives of hundreds of people and injure thousands more.

Nationwide, taxpayers pay billions of dollars annually to help communities, organizations, businesses, and individuals recover from disasters. These monies only partially reflect the true cost of disasters, because 2021-2026 Update Page 1 · 1
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Merced County Multi-Jurisdictional Hazard Mitigation Plan Introduction
additional expenses to insurance companies and nongovernmental organizations are not reimbursed by tax dollars. Many disasters are predictable, and much of the damage caused by these events can be alleviated or even eliminated.

Hazard mitigation is defined by FEMA as "any sustained action taken to reduce or eliminate long-term risk to human life and property from a hazard event." The results of a three-year, congressionally mandated independent study to assess future savings from mitigation activities provides evidence that mitigation activities are highly cost-effective. On average, each dollar spent on mitigation saves society an average of $6 in avoided future losses in addition to saving lives and preventing injuries (Natural Hazard Mitigation Saves: 2017 Interim Report).

Hazard mitigation planning is the process through which hazards that threaten communities are identified; likely impacts are determined, prioritized and implemented. This plan continues the hazard mitigation planning process for Merced County, the unincorporated county, and the participating cities of Atwater, Dos Palos, Gustine, Livingston, Los Banos, and Merced. The plan identifies natural and human caused hazards and risks within Merced County, and identifies the hazard mitigation strategy to reduce vulnerability and make the communities of Merced County more disaster resistant and sustainable.

Information in this plan can be used to help guide and coordinate mitigation activities and local land use decisions. Proactive mitigation planning will help reduce the cost of disaster response and recovery to the community and its property owners by protecting critical community facilities, reducing liability exposure, and minimizing overall community impacts and disruption. The Merced County planning area has been affected by hazards in the past and is thus committed to reducing future disaster impacts and maintaining eligibility for federal funding.

This plan underwent a comprehensive update in 2021 in fulfillment of the five-year update requirement.

Several factors underscore the need for this planning effort:
• Merced County is exposed to hazards that have caused past damage. • Limited local resources make it difficult to be pre0 emptive in reducing risk. Eligibility for federal financial assistance is paramount to promote successful hazard mitigation in the area. • Merced County and its partners participating in this plan want to be proactive in preparing for the probable impacts of natural hazards.

This MJHMP was originally prepared in 2014, pursuant to the requirements of the Disaster Mitigation Act of 2000 (Public Law 106-390) and the implementing regulations set forth by the Interim Final Rule published in the Federal Register on February 26, 2002 (44 CFR §201.6) . Hereafter, these requirements and regulations will be referred to collectively as the Disaster Mitigation Act, or DMA. While the act emphasized the need for mitigation plans and more coordinated mitigation planning and implementation efforts, the regulations established the requirements that local hazard mitigation plans (LHMPs) must meet in order for a local jurisdiction to be eligible for certain federal disaster assistance and hazard mitigation funding under the Robert T. Stafford Disaster Relief and Emergency Act (Public Law 93-288).

Because the Merced County planning and response area is subject to many kinds of hazards, access to these programs is vital. As a result, the County and their participating jurisdictions completed a comprehensive plan update process in 2021 to bring the MJHMP into compliance with recent legislation related to climate change and to address new human health and natural hazards and emerging concerns.

Information in this plan will be used to help guide and coordinate mitigation activities and decisions for local land use policy in the future. Proactive mitigation planning will help reduce the cost of disaster response and recovery to the community and its property owners by protecting critical community facilities, reducing liability exposure, and minimizing overall community impacts and disruption. The Merced County planning area has been affected by hazards in the past and is thus committed to reducing future disaster impacts and maintaining eligibility for federal funding. 2021-2026 Update Page 1-2
215
Merced County Multi-Jurisdictional Hazard Mitigation Plan Introduction
This hazard mitigation plan identifies resources, information, and strategies for reducing risk from natural hazards. Elements and strategies in the plan were selected because they meet a program requirement and because they best meet the needs of the planning partners and their citizens. One of the benefits of multi-jurisdictional planning is the ability to pool resources and eliminate redundant activities within a planning area that has uniform risk exposure and vulnerabilities. FEMA encourages multi-jurisdictional planning under its guidance for the DMA. This plan will help guide and coordinate mitigation activities throughout the planning area. The plan was developed to meet the following objectives:
• Meet or exceed requirements of the DMA.
• Enable all planning partners to use federal grant funding to reduce risk through mitigation. • Meet the needs of each planning partner as well as state and federal requirements. • Create a risk assessment that focuses on Merced County hazards of concern. • Create a single planning document that integrates all planning partners into a framework that supports partnerships within the County and puts all partners on the same planning cycle for future updates.
• Meet the planning requirements of FEMA's Community Rating System (CRS), allowing planning partners that may choose to participate in the CRS program to enhance their CRS classifications. • Coordinate existing plans and programs so that high-priority initiatives and projects to mitigate possible disaster impacts are funded and implemented.

1.4 Multi-Jurisdictional Planning
All citizens and businesses of Merced County are the ultimate beneficiaries of this MJHMP. The plan reduces risk for those who live in, work in, and visit the County. It also provides a viable planning framework for all foreseeable natural hazards that may impact the County. Participation in development of the plan by key stakeholders in the County helps ensure that outcomes will be mutually beneficial. The resources and background information in the plan are applicable countywide, and the plan's goals and recommendations can lay groundwork for the development and implementation of local mitigation activities and partnerships.

The Merced County MJHMP is a multi-jurisdictional plan that geographically covers everything within Merced County's jurisdictional boundaries (hereinafter referred to as the planning area). Unincorporated Merced County and the following jurisdictions participated in the 2021 update planning process:
• Merced County
• City of Atwater
• City of Dos Palos
• City of Gustine
• City of Livingston
• City of Los Banos
• City of Merced
The cities of Dos Palos and Gustine are new participating jurisdictions as part of the 2021 MJHMP update process, and this is their first hazard mitigation plan. The City of Merced also prepared a stand-alone LHMP in 2015 and is now participating in the MJHMP update process.

1.5 Plan Organization
• Section 1: Introduction
• Section 2: Community Profile and Capability Assessment • Section 3: Planning Process
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• Section 4: Hazard Identification and Risk Assessment (HIRA) • Section 5: Mitigation Strategy
• Section 6: Plan Adoption, Implementation and Maintenance • Appendix A: Planning Team
• Appendix B: Planning Process Documentation
• Appendix C: Approval and Adoption
• Appendix D: Mitigation Categories and Alternatives
• Appendix E: Annual Progress Meeting Agenda and Report Template • Appendix F: Outreach Strategy
• Appendix G: Annexes
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Community Profile and Capability Assessment
2 COMMUNITY PROFILE AND CAPABILITY ASSESSMENT

2.1 History
An expedition led by Gabriel Moraga in 1806 came upon a river he named El Rio de Nuestra Senora de la Merced (River of Our Lady of Mercy), or Merced River in which derived the name of the County. During a period between 1841 and 1844, while California was a province of independent Mexico, four Mexican land grants were made which eventually became Merced County. The County was created by the Act of April 19, 1855 and included parts of Mariposa County. Parts of the territory were also given to Fresno County in 1856. Merced County's current boundaries and its location within the State of California is shown in Figure 2-1 below.

The early economy of the County centered on ranching and farming. Settlement in Merced County remained modest throughout much of the county's first century. Merced County is considered to be located in the world's most productive agricultural area, which, today, is a major source of employment, along with food processing, retailing, and light manufacturing. 2021-2026 Update Page 2-1
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Figure 2- 1 County of Merced Planning Area

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Merced County Multi-Jurisdictional Hazard Mitigation Plan

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Community Profile and Capability Assessment
[_- _ _I Atwater
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2.2 Geography and Climate
Merced County encompasses approximately 2,000 square miles, ranking it the 25th largest out of a total of 58 counties in California. It is located in the heart of the San Joaquin Valley, north of Fresno and southeast of San Jose, and spans from the coastal ranges to the foothills of Yosemite National Park. The City of Merced is the County seat and offers a small community atmosphere, residential neighborhoods characterized by wide, tree-lined streets, and homes in a wide economic range.

The County of Merced is neighbored by the counties of Tuolumne County and Mariposa County to the northeast, Madera County to the south and east, Fresno County to the southeast, San Benito County to the southwest, Santa Clara County to the west, and Stanislaus County to the northwest.

Merced County is home to two national protected areas - Merced National Wildlife Refuge and San Luis National Wildlife Refuge. The former Castle Air Force Base and the United States Penitentiary-Atwater are located in an unincorporated area near Atwater. The Board of Supervisors is the governing body for Merced County.

Elevation in Merced County, according to data gathered by the Shuttle Radar Topography Mission ranges from 6 feet above mean sea level (msl) ranking it 20 in terms of lowest elevations when compared to a total of 58 counties in California, to 1,781 feet above msl ranking it 54 in terms of highest elevation when compared to a total of 58 counties in California. The rivers in this region include the Merced and Chowchilla, which are both tributaries of the San Joaquin River. On average, there are 263 sunny days per year in Merced County. The number of days with any measurable precipitation is 49 with an average of approximately 12 inches of rain per year. The month of July is the warmest month with an average high around 96 degrees. The month of January is the coolest month with an average low of 37 degrees.

2.3 Economy
Merced County is located in the heart of California's rapidly growing San Joaquin Valley, the richest agricultural area in the world. With that distinction also come the challenges of an economy which has historically been dependent on seasonal agriculture and low wages. Select 2019 economic characteristics estimated for Merced County by the U.S. Census Bureau American Community Survey (ACS) are shown in Table 2-1.

Table 2-1 Merced County Economic Characteristics
Merced County
Families Below Poverty Level 17.2%
Individuals Below Poverty Level 21.2%
Median Home Value $252,700
Median Household Income $53,672
Per Capita Income $23,011
Population > 16 Years Old in Labor Force 59.6%
Population Employed 52.6%
Source: U.S. Census Bureau ACS 2015-2019 5-Year Data Profile Merced County provides a broad range of services to its residents, businesses, and visitors, and manages and operates its facilities to meet community needs. Agriculture is the foundation of Merced County's economy, and the County consistently ranks as one of California's top five producers of milk and cream, 2021-2026 Update Page 2-3
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chickens, almonds, alfalfa, cattle and calves, silage, and tomatoes. Merced County is home to four agricultural processing facilities that are among the largest of their kind in the world: Ernest and Julio Gallo winery, Hilmar Cheese production facility, lngomar Packing Company tomato processing plant, and Foster Farms poultry processing facility. The ACS 5-Year data profiles also provide estimates for total employment by industry sector. These employment trends are shown below in Table 2-2.

Table 2-2 Merced County Employment by Industry Sector
Industry Sector Percent of Workforce
Educational services, and health care and social assistance 21.60% Agriculture, forestry, fishing and hunting, and mining 12.90% Ma nufactu ring 11.30%
Retail trade 11.20%
Arts, entertainment, and recreation, and accommodation and food services 7.80% Construction 7.10%
Professional, scientific, and management, and administrative and waste 6.20% manaqement services
Transportation and warehousing, and utilities 5.90%
Other services, except public administration 4.50%
Public administration 4.50%
Wholesale trade 3.20%
Finance and insurance, and real estate and rental and leasing 2.90% Information 0.90%
Source: U.S. Census Bureau ACS 2015-2019 5-Year Data Profile

2.4 Population
The total estimated population of Merced County in 2019 was 271,382 up from 255,793 people in 2010.

This constitutes an approximately 6% increase in population since the last census. Table 2-3 and Table 2-4 show several key demographic and social characteristics of Merced County, how those characteristics have changed over the last five years, and how those characteristics compare to the rest of the state and nation. Increases in population growth also increase exposure to severe weather-related hazards, pandemic/epidemics as well as earthquakes. This increase in growth also puts more demand on water resources and can increase vulnerability to drought.

Table 2-3 Merced County Demographic and Social Characteristics, 2015-2019 Merced County 2015 2019 % Change
Population 263,885 271,382 2.84%
Median Age 30.4 31.1 2.30%
Total Housina Units 84,063 85,251 1.41%
Housinq Occupancy Rate 92.40% 93.80% 1.52%
% of Housing Units with no Vehicles 7.50% 6.90% -8.00%
Available
Median Home Value $161,200 $252,700 56.76%
Unemployment 9.70% 7.10% -26.80%
Mean Travel Time to Work (minutes) 26.1 28.6 9.58%
Median Household Income $42,462 $53,672 26.40%
Per Capita Income $18,204 $23,011 26.41%
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Merced County 2015 2019 % Change
% of Individuals Below Poverty Level 26.10% 21.20% -18.77% # of Households 77,692 80,008 2.98%
AveraQe Household Size 3.32 3.32 0.00%
% of Population Over 25 with High School 67.90% 69.10% 1.77% Diolorna
% of Population Over 25 with Bachelor's 13.10% 13.80% 5.34% DeQree or HiQher % with Disability 15.70% 13.00% -17.20%
% Speak EnQlish less than "Very Well" 22.80% 22JO% -0.44% Source: U.S. Census Bureau ACS 5-Year Data Profiles, 2015-2019 Table 2-4 Demographic and Social Characteristics Compared to the State and Nation Demographic & Social Characteristics (as of 2019) County California U.S.

Median Aqe 31.1 36.5 38.1
Housinq Occupancy Rate 93.80% 92.00% 87.90%
% of HousinQ Units with no Vehicles Available 6.90% 7.10% 8.60% Median Home Value $252,700 $505,000 $217,500
Unemployment 7.10% 3.80% 3.40%
Mean Travel Time to Work (minutes) 28.6 29.8 26.9
Median Household Income $53,672 $106,916 $62,843
Per Capita Income $23,011 $36,955 $34,103
% of Individuals Below Poverty Level 21.20% 13.40% 13.40% Average Household Size 3.32 2.95 2.62
% of Population Over 25 with Hiqh School Diploma 69.10% 83.30% 88.00% % of Population Over 25 with bachelor's deqree or Hiciher 13.80% 33.90% 32.10% % with Disability 13.00% 10.60% 12.60%
% Speak English less than "Verv Well" 22.70% 17.80% 8.40% Source: U.S. Census Bureau ACS 5-Year Data Profiles, 2015-2019 Table 2-5 breaks down the demographics of the county by sex and race.

Table 2-5 Merced County Demographics by Race and Sex
Merced County Population %
Total Population 271,382 --- Male 136,987 SO.SO%
Female 134,395 49.50%
Hispanic or Latino 161,814 59.6%
White alone 75,037 27.6%
Black alone 7,812 2.9%
Asian alone 19,650 7.2%
American Indian and Alaska Native alone 931 0.3%
Native Hawaiian and Other Pacific Islander alone 607 0.2% Some other race alone 226 0.1%
Two or more races alone 5,305 2.0%
Source: U.S. Census Bureau ACS 5-Year Data Profiles, 2015-2019

2.5 County's Mitigation Capabilities
The following section assesses the County's and each participating jurisdictions' existing capabilities to pursue hazard mitigation. The capability assessment analyzes Merced County's capabilities that can be leveraged to mitigate hazards. Combining the risk assessment with the mitigation capability assessment 2021-2026 Update Page 2-5
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results in the County's "net vulnerability" to disasters, and more accurately focuses the goals, objectives, and proposed actions of this plan.

The Hazard Mitigation Planning Team (HMPn used a two-step approach to conduct this assessment for the County and jurisdictions. First, an inventory of common mitigation activities was made through the use of a matrix. The purpose of this effort was to identify policies and programs that were either in place, needed improvement, or could be undertaken if deemed appropriate. Second, the HMPT conducted an inventory and review of existing policies, regulations, plans, and programs to determine if they contributed to reducing hazard-related losses or if they inadvertently contributed to increasing such losses.

This assessment is divided into four sections: regulatory mitigation capabilities; administrative and technical mitigation capabilities; fiscal mitigation capabilities; and mitigation outreach and partnerships.

Additional information on jurisdiction capabilities can also be found in the participating jurisdiction's annexes.

2.5.1 Regulatory Mitigation Capabilities
The regulatory and planning capabilities table lists planning and land management tools typically used by local jurisdictions to implement hazard mitigation activities and indicate those that are in place in Merced County. Table 2-6 identifies the planning and land management tools typically used by local jurisdictions to implement hazard mitigation activities and indicates those that are in place in Merced County.

Table 2-6 Regulatory Mitigation Capabilities
Regulatory Tool Merced Livingsto (ordinances, codes, Atwater Dos Palos Gustine Los Banos Merced plans) County n
General Plan Yes Yes Yes Yes Yes Yes Yes
Zonino ordinance Yes Yes Yes Yes Yes Yes Yes
Subdivision ordinance Yes Yes Yes Yes Yes Yes Yes
Growth management Yes No Yes No ordinance
Floodplain ordinance Yes Yes No No Yes Yes Yes
Other special purpose Yes, Fire Yes, Storm
ordinance (storm water, Yes N/A N/A No Protection Water N/A steep slope, wildfire) Ordinance Pollution Plan
Building code Yes Yes Yes Yes Yes Yes Yes
Fire department ISO Yes Yes, Rating Yes Yes Yes, Rating Yes, Rating Yes, Rating ratinq 3 5 3 2
Erosion or sediment Yes N/A No No No Yes Yes control
Storm water Yes
manaqement proqram Yes Yes Yes Yes Yes Yes
Site plan review
Yes Yes Yes Yes Yes Yes requirements
Capital improvements Yes Yes Yes Yes Yes Yes Yes
plan
Economic development Yes Yes Yes Yes Yes Yes Yes
plan
Local Emergency Yes Yes Yes Yes Yes Yes Yes Operations Plan Other special plans N/A N/A n/a No No Yes N/A
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Regulatory Tool Merced Livingsto (ordinances, codes, Atwater Dos Palos Gustine Los Banos Merced plans) County n
Flood insurance study or No - other engineering study Yes Yes NSFHA Yes Yes N/A Yes
for streams
Elevation certificates (for Yes No No No No N/A Yes floodplain development) Source: HMPT
Related Plans and Regulations
Merced County General Plan, 2013 - A comprehensive 2030 Merced County General Plan was adopted December 2010. This General Plan defines the County's goals, objectives and policies that guide the physical growth, use and development of land under the jurisdictional authority of the County through the year 2030. The General Plan may address other topics that the community deems relevant to its development, such as economic development, historic preservation, and urban design. There are five principles highlighted as the core issues facing the Merced County community in the adoption of the General Plan: Agriculture, Economic Development, Environmental Quality, Public Facilities and Services, and Transportation. The County also promotes their public safety goals through the Health and Safety Element, among their ten other General Plan elements.

The purpose of the Public Health and Safety Element is to reduce or eliminate long-term risk to people and property from natural or human caused hazards. Traditionally viewed as an element that focuses on planning for catastrophes, this element is now expanded to include community health and community safety related issues that are more commonly associated with the built environment as affecting the health and safety of residents living within the County. The Element also covers goals and policies focused on geologic and seismic hazards, flood hazards, fire hazards, airport safety, hazardous materials, climate adaptation, noise, and environmental justice.

Merced County Emergency Operations Plan, 2013 - The Emergency Operations Plan addresses the planned response to emergency situations associated with natural disasters, technological incidents, human caused events and national security emergencies in or affecting Merced County. The plan establishes the emergency management organization required to mitigate any significant emergency or disaster affecting Merced County; identifies the policies, responsibilities, and procedures required to protect the health and safety of communities, public and private property, and the environmental effects of natural, human caused and technological emergencies and disasters; and establishes the operational concepts and policies for disaster response and recovery.

County of Merced Fire Management Plan -The County of Merced reorganized their Fire Department and entered into a Cooperative Fire Protection Agreement with the California Department of Forestry and Fire Protection (CAL FIRE) for the provision of fire protection services. The contract began in 1988. The CAL FIRE agreement provides daily staffing at fire stations, dispatch, management, incident command, training, investigation and fire prevention activities. Through the Cooperative Agreement CAL FIRE also manages the Office of Emergency Services for the County. The County's Fire Management Plan is a product of the implementation of the State Fire Plan. The State Fire Plan provides an analysis procedure utilizing, in part, computer based geographical information data that is validated by experienced fire managers to assess fire fuel hazards and risks in order to design and implement mitigating activities. The Fire Management Plan provides background information, fuels and fire data, proposed projects, and individual Battalion reports outlining mitigating activities commonly carried out each year. 2021 2026 Update Page 2- 7
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Madera-Mariposa-Merced Unit (MMU) 2020 Strategic Fire Plan - The MMU Strategic Fire Plan is an annual fire plan establishing goals and priorities that align with CAL FIRE's Strategic Plan and the California Fire Plan, while also identifying goals and priorities specific to the Unit. The California Fire Plan is the road map for reducing the risk of wildfire in California, where as the MMU Strategic Fire Plan identifies strategic goals and objectives that target the anticipation and reduction of wildfire within the boundaries of the Unit. For the challenges facing the Unit, such as extreme heat, tree mortality, and drought conditions across the three counties, the plan addresses problem areas and risk. This plan also seeks to improve operational effectiveness, budgetary and fiscal circumstances, foster a healthy ecosystem, and improve firefighter safety by identifying working projects specific to each Battalion within the MMU.

Emergency Services Ordinance, Chapter 2.72 - The purposes of this ordinance are to provide for the preparation and implementation of plans for the protection of people and property within the County in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of the County with the cities in the County and with all other public agencies, corporations, organizations, and affected private persons. The ordinance establishes the Merced Operational Area Council and designates the membership of the council. The council's powers include the development of emergency and mutual aid plans and agreements and the ordinances and resolutions to implement them.

Fire Mitigation Ordinance Chapter 9.24 - The purpose of this ordinance is to impose a fee on new buildings and improvement projects because they contribute to the increase for potential fire danger in Merced County, it is in the best interest of the citizens of the County and promotes and protects the health and welfare of the residents of Merced County. It is necessary that persons who carry out such projects within the County pay a reasonable fee to mitigate such fire danger.

Floodplain Management Ordinance Chapter 18.30 - It is the purpose of the ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the community to all publicly and privately owned land within flood prone, mudslide [i.e. mudflow] or flood related erosion areas. These regulations are designed to:
• Protect human life and health;
• Minimize expenditure of public money for costly flood control projects; • Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
• Minimize prolonged business interruptions;
• Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard; • Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage; • Ensure that potential buyers are notified that property is in an area of special flood hazard; and • Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

Merced Groundwater Subbasin Groundwater Sustainability Plan -The Sustainable Groundwater Management Act (SGMA) requires the formation of local Groundwater Sustainability Agencies (GSAs) to oversee the development and implementation of Groundwater Sustainability Plans (GSPs). The goal of the GSPs is to achieve sustainable management of the State's groundwater basins. The purpose of the Merced Groundwater Subbasin GSP is to bring the Merced Groundwater Basin (Merced Subbasin), a critically over drafted basin located within the San Joaquin Valley, into sustainable groundwater management by 2040.

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districts and cities within the Merced Subbasin. The 2019 GSP outlines how the GSAs will achieve sustainable groundwater management on a long-term basis by increasing recharge and reducing groundwater pumping through various implementation programs and projects.

Merced Integrated Regional Water Management Plan. The Merced Integrated Regional Water Management Plan (IRWMP) is the first IRWMP for the Merced Region. The plan was developed as a multistakeholder process that builds on the Region's history of collaboration on water resource management issues. The IRWMP is a water resources planning document for the Region and serves as a blueprint for water resources management. It was developed based on Proposition 84 IRWM program guidelines and from input from a Regional Advisory Committee. Similar to the GSP, the IRWMP establishes several objectives and performance measures selected to provide long-term direction towards meeting project goals related to managing flood flows for public safety, water supply, recharge, and natural resource management; meeting water demands (agriculture, urban, and environmental needs); correcting groundwater overdraft conditions; and improving coordination of land use and water resource planning.

The IRWMP also includes objectives that address water use efficiency, water quality, natural resource management, water-related needs of disadvantaged communities, recreation opportunities, climate change adaptation and mitigation; and public outreach and enhancing communication among stakeholders in the Region.

2.5.2 Administrative and Technical Mitigation Capabilities Table 2-7 below identifies the county personnel responsible for activities related to mitigation and loss prevention in Merced County and the unincorporated areas. Many positions are full time and/or filled by the same person. A summary of technical resources follows.

Table 2-7 Merced County Administrative and Technical Mitigation Capabilities Personnel Resources Ves/No Department/Position
Planner/engineer with knowledge of land Yes Public works/ Deputy Director Roads development/land manaoement practices
Engineer/professional trained in construction Yes Public works/ Deputy Director Roads practices related to buildinos and/or infrastructure
Planner/engineer/scientist with an understanding Yes Public works/ Deputy Director Roads of natural hazards
Personnel skilled in Geographic information No
systems (GIS)
Full time building official Yes Community and Economic development Buildino Division
Floodplain manager Yes Community and Economic development Buildina Division
Emergency manager No Office of Emergency Services (OES) Grant writer Yes
Other personnel N/A
GIS Data Resources No
(Hazard areas, critical facilities, land use, building
footprints, etc.)
Warning Systems/Services Yes OES
(Reverse 9-11, cable override, outdoor warning
signals)
Other N/A
Source: HMPT
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Office of Emergency Services
The Merced Office OES provides preparedness before, and coordination direction during, large-scale emergencies and disasters. Merced OES coordinates with partner agencies including the six incorporated cities within the county, special districts, and key private agencies in providing planning, response, recovery, and mitigation activities as a result of disaster related incidents.

Merced County, in conjunction with the cities of Merced, Los Banos, Livingston, Gustine, Dos Palos, emergency fire, law enforcement, health, and Emergency Medical Service agencies, launched the Emergency Notification System (ENS) - a technical capability service allowing residents throughout the entire county to be alerted of an emergency or an important community alert in their area. The improved Merced County ENS will allow residents throughout the County alternate ways of being contacted during an emergency, such as cell phones, business phones, home phones, emails, text messages or hearingimpaired receiving devices. More importantly, individuals can choose how they will be notified and in what preference order. When an emergency message is issued about a potential safety hazard or concern, messages will be sent to all standard voice and text communication devices registered in the system, including home phones, cell phones, email, and more. Residents and businesses with listed telephone numbers are already included in the system. Those residents having only a cell phone or wanting to be contacted through different methods can provide the information using the registration link at www.co.merced.ca.us/ alert.

Merced County Fire Department
The primary mission of the Merced County Fire Department is to provide a range of programs aimed at protecting the lives and property of the people of Merced County from the adverse effects of fires, sudden medical emergencies, exposure to hazardous materials, or other dangerous conditions. The programs maintained by the department include:
• Comprehensive fire protection planning
• Fire prevention education
• Fire law and code enforcement
• Suppression and recovery
The Merced County Fire Department provides first responder-level Emergency Medical Services (EMS), including rescue and extrication, as well as control and mitigation of hazardous materials emergency incidents. The Merced County Fire Department personnel and equipment are also available to provide mutual aid fire/rescue/EMS services to cooperating agencies and participate in the statewide fire and rescue mutual aid system.

In addition, assistance and support are also provided for other non-fire emergencies such as floods, earthquakes, and other disasters.

Extreme Heat Preparedness
The County of Merced manages extreme heat events by providing cooling zones and centers for County residents. When the heat index is expected to exceed 105 degrees, various cooling centers in the County were opened to help residents cope with the extreme temperatures. Cooling centers were open during the summer months of 2021 in six of the participating jurisdictions, and at 12 Merced County libraries. In events of extreme heat, the County OES provides public notification alerts to residents with information on the location and hours of operations of cooling centers throughout the County. Transportation to these centers is also often provided free of charge. Additional information on health and safety measures for residents is also provided. Public notifications flyers distributed during the summer of 2021 are shown below.
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Figure 2-2 Public Notification for Extreme Heat and Safety Preparedness Source: Merced County Public Information Officer 2021

2.5.3 Fiscal Mitigation Capabilities
The following table identifies financial tools or resources that the county could potentially use to help fund mitigation activities. There are currently no specific funding sources for hazard mitigation.

Table 2-8 Merced County Financial Capabilities
Financial Resources Accessible/ I Comments/Has this been used for Eligible to Use mitigation in the past?
Community Development Block Grants Yes No
Capital improvements project funding Yes No
Authority to levy taxes for specific Yes Has not been used. Must be approved by purposes voters.

Fees for water, sewer, gas, or electric Yes Has not been used. Services provided through services, new development cities or districts and levied through property assessments
Incur debt through general obligation Yes No
bonds
Incur debt through special tax bonds Yes Has not been used. Must be approved by twothirds voters.

Incur debt through private activities Yes Has not been used. Do not have any in place.

Federal Grant Programs (HMGP) Yes Has not been used. Various departments in Merced County are eliqible.

Source: Planning Team

2.5.4 Other Mitigation Programs and Partnerships
Table 2-9 below summarizes some of the mitigation partnerships and education or outreach capabilities available to Merced County.
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Table 2-9 Merced County Education and Outreach Capabilities Education & Outreach Yes/No Comments
Local Citizen Groups That Yes See below Communicate Hazard Risks Firewise USA No 6 communities within the county are Firewise communities Storm Ready Yes UC Merced is a participant
Other
American Red Cross: The American Red Cross identified several capability enhancements through collaboration with the county, cities, and fire departments of Merced County. Programs such as outreach campaigns for preparedness education, continuing shelter inspections, and updating existing points of contact for shelter sites. These efforts will improve the American Red Cross' ability to conduct mitigation, preparedness, and response efforts in Merced County.

2.5.5 Opportunities for Enhancement
The 2021 MJHMP update provided the County and the participating jurisdictions an opportunity to review and update the capabilities currently in place to mitigate hazards. This also provided an opportunity to identify where capabilities could be improved or enhanced. Specific opportunities could include:

Plan Updates: Merced County has identified several plans which could be updated, such as the County Emergency Operations Plan, Disabled, Access, and Functional Needs plans, and the Flood Annex to the EOP. During the update process of each of these plans there is an opportunity to reference the MJHMP and enhance the capabilities for implementation of goals and objectives of each plan. The City of Livingston has also identified potential updates to their Emergency Response and Disaster Plan. The City of Merced identified an update to the Water System Response Plan, which would meet the requirements of the America's Water Infrastructure Act. As mentioned above, updates to related plans such as these provide an opportunity to both build resilience and enhance the cross-plan integration of the MJHMP.

Training: Provide training opportunities to help inform County staff on how best to integrate hazard information and mitigation projects into their departments. Merced County has identified a multi-year training and exercise plan which would cover all county departments. The City of Los Banos has identified an inter-departmental training effort to be undertaken. The City of Dos Palos has also identified providing opportunities for Incident Command System training for city staff.

Firewise: Firewise USA® is a voluntary program that provides a framework to help neighbors get organized, find direction, and take action to increase the ignition resistance of their homes and community. The program is co-sponsored by the USDA Forest Service, the U.S. Department of the Interior, and the National Association of State Foresters. As of June 2021 , neither Merced County nor any of the incorporated jurisdictions in the county were participants in the program. In order to become a Firewise USA site, a neighborhood, community, city, or county must form a board or committee comprised of residents and stakeholders, obtain a written wildfire risk assessment, develop and maintain an action plan, and contact the applicable state liaison to the program.

Storm Ready: As of June 2021, neither Merced County nor any of the incorporated jurisdictions in the county are certified as Storm Ready communities. The UC Merced is certified Storm Ready. The National Weather Service's Storm Ready program helps local governments handle extreme weather and improve the timeliness and effectiveness of hazardous weather-related warnings for the public. To be officially Storm Ready, a community must:
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• Create a system that monitors weather conditions locally • Promote the importance of public readiness through community seminars, and • Develop a formal hazardous weather plan, which includes training severe weather spotters and holding emergency exercises
Community Rating System (CRS): An additional indicator of floodplain management capability is the active participation of local jurisdictions in the CRS. The CRS is an incentive-based program that encourages counties and municipalities to undertake defined flood mitigation activities that go beyond the minimum requirements of the NFIP, adding extra local measures to provide protection from flooding.

All of the 18 creditable CRS mitigation activities are assigned a range of point values. As points are accumulated and reach identified thresholds, communities can apply for an improved CRS class. Class ratings, which run from 10 to 1, are tied to flood insurance premium reductions. As class ratings improve (decrease), the percent reduction in flood insurance premiums for NFIP policy holders in that community increases. These potential discounts in flood insurance premiums through CRS are summarized in Table 2-10 below. As of 2021 neither Merced County nor any of the incorporated jurisdictions in the county participate in the CRS. Should the City of Merced and Merced County decide to join the CRS, it would be an opportunity for enhancement of existing mitigation capabilities and help make flood insurance more affordable in the future.

Table 2-10 CRS Premium Discounts
SFHA (Zones A, AE, A1-A30, V, V1-V30, AO, and AH): Discount 1 45% 6 20% varies depending on class. SHFA (Zones A99, AR/A, AR/AE. 2 40% 7 15% AR/A1-A30, AR/AH, and AR/AO): 10% discount for Classes 1-6; 3 35% 8 10%
5% discount for Classes 7-9. Non-SFHA (Zones B, C, X, D): 10% discount for Classes 1-6; 5% discount for Classes 7-9. In 4 30% 9 5% determining CRS premium discount, all AR and A99 Zones are 5 25% 10 treated as non-SFHAs.

Source: FEMA CRS Coordinators Manual
Financial Capability Improvements: There are several financial resources listed in Table 2-8 that the County could leverage in the future for funding mitigation efforts. In particular, the LHMP provides eligibility for the FEMA HMA grants. County OES staff can attend workshops and trainings regarding the grant application process and how to develop successful grant applications under the HMGP. The California Office of Emergency Services (Cal OES) periodically hosts related trainings and webinars.

Understanding the types of projects that can be funded, and the components of a successful application will enhance chances of a successful grant award.
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COUNTY
3 PLANNING PROCESS
Requirement §201.6(b) and §201.6(c)(1 ):

An open public involvement process is essential to the development of an effective plan. In order to develop a more comprehensive approach to reducing the effects of natural disasters, the planning process shall include:
(7) An opportunity for the public to comment on the plan during the drafting stage and prior to plan approval;
(2) An opportunity for neighboring communities, local and regional agencies involved in hazard mitigation activities, and agencies that have the authority to regulate development, as well as businesses, academia, and other private and nonprofit interests to be involved in the planning process; and
(3) Review and incorporation, if appropriate, of existing plans, studies, reports, and technical information.
[The plan shall document] the planning process used to develop the plan, including how it was prepared, who was involved in the process, and how the public was involved.

3.1 Background on Mitigation Planning in Merced County
The primary purpose of the Merced County MJHMP update is to reduce or eliminate long-term risk to people and property from natural hazards and their effects on the Merced County planning area. Merced County recognized the need and importance of a LHMP and initiated its development in 2013 after receiving a grant from FEMA, which also served as the primary funding source for this plan.

The plan underwent a comprehensive update in 2021 . The planning process followed during the update was similar to what was used in the original plan development. This planning process utilized the input from a multi-jurisdictional HMPT. A significant change from the 2014 Plan is the inclusion of all of the incorporated communities within the planning area (six), versus three in the previous update. Wood Environment & Infrastructure Solutions, Inc. (Wood) was procured to assist with the update in 2021. The process is described further in this section and documented in Appendix B.

3.2 What's New in the Plan Update
A local jurisdiction must review and revise its plan to reflect changes in development, progress in local mitigation efforts, and changes in priorities, and resubmit it for approval within 5 years in order to continue to be eligible for mitigation project grant funding.

The updated MJHMP complies with FEMA guidance and California Office of Emergency Services guidelines for LHMPs. The update followed the requirements noted in the DMA of 2000 and FEMA's 2013 Local Hazard Mitigation Planning Handbook.

This MJHMP update involved a comprehensive review and update of each section of the 2014 plan and includes an assessment of the progress in evaluating, monitoring and implementing the mitigation strategy outlined in the initial plan. The planning process provided an opportunity to review jurisdictional priorities related to hazard significance and mitigation actions, and revisions were made where applicable 2021-2026 Update Page 3-1
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to the plan and the municipal annexes. Another major change in priority was the desire to include all incorporated jurisdictions in the County, including new annexes for the municipalities of Dos Palos, Gustine and Merced. Only the information and data still valid from the 2014 plan was carried forward as applicable into this MJHMP update.

3.2.1 Plan Section Review and Analysis - 2021 Update
During the 2021 plan update, the HMPT updated each of the sections of the previously approved plan to include new information. Wood developed a summary of each section in the plan and guided the HMPT through the elements that needed updating during the kickoff webinar in December 2020. This included analyzing each section using FEMA's local plan update guidance (2013) to ensure that the plan met the latest requirements. In addition, the FEMA Local Mitigation Plan Review Tool that was provided with the approval of the 2014 version of this plan was referenced, in particular the 2014 FEMA comments on opportunities for improvement were considered and addressed in the 2021 update. The HMPT and Wood determined that nearly every section of the plan would need revision to align the plan with the latest FEMA planning guidance and requirements and recent California legislation. A summary of the changes in this plan update is highlighted in the table below.

Table 3-1 Merced County Hazard Mitigation Plan Update Highlights Plan Section Summary of Plan Review, Analysis, and Updates

1. Introduction Revised to reflect updated plan and 2021 planning process

2. County Profile and Updated with recent census data and current economy description Capability Assessment Updated land use and development trends Describes and documents the planning process for the 2019 update, including coordination among agencies
Describes how 2014 plan was integrated with/into other planning efforts.

3. Planning Process
Removed 2014 planning process info.

Describes changes to jurisdictional participation
Describes 2021 public participation process
Describes the Hazard Mitigation Planning Committee
Describes the 10-step process followed for the update
Drought is now profiled as separate hazards and are no longer part of Severe Weather Discussion on levee failure has been added to Flood
Climate change information has been added to each hazard profile Updated list of disaster declarations to include recent data.

Updated tables to include recent National Center for Environmental Information data.

Updated past occurrences for each hazard to include recent data.

4. Hazard Identification
2014 Plan on Vulnerability Assessment is now included with the Risk Assessment section as and Risk Assessment
subsections by hazard.

Updated critical facilities identified from the 2014 plan.

Updated growth and development trends to include recent census and local data sources.

Updated historic and cultural resources using local/state/national sources.

Updated property values for vulnerability and exposure analysis, using updated building information based on assessor's data.

Updated estimate flood losses using the latest Digital Flood Insurance Rate Map (DFIRM) and assessor's data.
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Plan Section Summary of Plan Review, Analysis, and Updates S. Mitigation Strategy

6. Plan Review,
Evaluation and
Implementation

7. Plan Adoption
Jurisdictional Annexes
Appendices
Updated National Flood Insurance Program (NFIP) data and Repetitive Loss structure data from the previous plan.

Incorporated new hazard loss estimates since 2014, as applicable.

Used updated GIS inventory data to assess wildfire threat to the County Updated HAZUS-MH Level I earthquake vulnerability analysis data Updated information regarding specific vulnerabilities to hazards, including maps and tables of specific assets at risk, specific critical facilities at risk, and specific populations at risk.

Revisited and updated hazard significance/priority levels.

Updated maps in plan where appropriate.

Indicated what actions have been implemented that may reduce previously identified vulnerabilities.

Updated mitigation strategy based on the results of the updated risk assessment, completed mitigation actions, and implementation obstacles and opportunities since the completion of the 2014 plan.

Reviewed and updated goals and objectives based on HMPT input.

Included updated information on how actions are prioritized, or how priorities changed.

Reviewed mitigation actions from the 2014 plan and developed a status report for each; identified if actions have been completed, deleted, or deferred/carried forward.

Updated priorities on actions.

Identify examples of successful implementation to highlight positive movement on actions identified in 2014 plan.

Identified new mitigation actions proposed by the HMPT with more detail on implementation than the previous plan.

Developed a summary table of mitigation actions for all participating jurisdictions.

Reviewed and updated procedures for monitoring, evaluating, and updating the plan.

Revised to reflect current methods.

Updated the system for monitoring progress of mitigation activities by identifying additional criteria for plan monitoring and maintenance.

Added a process for incorporation of the HMP into existing mechanisms Updated to reflect 2021 process.
*Developed annexes for new participating j urisdictions in 2021.

Updated previous participants' annexes with recent census data.

Updated past event history and hazard loss estimates.

Added new maps and updated old maps as needed.

Updated mitigation actions from 2016 and added new mitigation actions.

Updated and integrated the following existing and new annexes:

A City of Atwater
B City of Dos Palos*
C City of Gustine*
D City of Livingston
E City of Los Banos
F City of Merced*
Appendix A: Planning Team
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Plan Section Summary of Plan Review, Analysis, and Updates Appendix B: Planning Process Documentation
Appendix C: Approval and Adoption
Appendix D: Mitigation Categories and Alternatives
Appendix E: Annual Progress Meeting Agenda and Report Template Appendix F: Outreach Strategy

3.3 Multi-Jurisdictional Participation
Planning Process
In the 2021 MJHMP update, the following jurisdictions participated in the planning process and will be adopting the updated plan following FEMA approval. All incorporated cities in the County participated in this planning process. As noted previously, the cities of Dos Palos, Gustine, and Merced are new to the multi-jurisdictional planning process.

Lead Jurisdiction:
• Merced County
Municipalities:
• City of Atwater
• City of Dos Palos
• City of Gustine
• City of Livingston
• City of Los Banos
• City of Merced
The DMA planning regulations and guidance stress that each local government seeking FEMA approval of their mitigation plan must participate in the planning effort in the following ways:
• Participate in the process as part of the HMPT
• Detail areas within the planning area where the risk differs from that facing the entire area • Identify potential mitigation actions
• Formally adopt the plan
For the Merced County planning area's HMPT, "participation" meant the following:
• Providing facilities for meetings
• Attending and participating in the HMPT meetings
• Completing and returning Wood Plan Update Guide worksheets • Collecting and providing other requested data (as available) • Identifying mitigation actions for the plan
• Reviewing and providing comments on plan drafts and jurisdictional annexes • Informing the public, local officials, and other interested parties about the planning process and providing opportunity for them to comment on the plan
• Coordinating, and participating in the public input process • Coordinating the formal adoption of the plan by the governing boards The County and all jurisdictions with annexes to this plan and seeking FEMA approval met all of these participation requirements. In most cases one or more representatives for each jurisdiction attended the multi-jurisdictional webinars/meetings described in Table 3-3 Schedule of Planning Meetings and brought together a local planning team to help collect data, identify mitigation actions and implementation 2021-2026 Update Page 3-4
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strategies, and review and provide data on annex drafts. In some cases, the jurisdictions had limited capacity to attend or had conflicts with HMPT meetings; in these cases, alternative forms of communication were used to provide input into the process, and some instances a representative from a different jurisdiction's department attended the HMPT meeting on behalf of the main representative.

Appendix B provides additional information and documentation of the planning process.

3.4 Planning Process
Wood established the planning process for the Merced County MJHMP using the DMA planning requirements and FEMA's associated guidance. The original FEMA planning guidance is structured around a four-phase process:
• Organize Resources
• Assess Risks
• Develop the Mitigation Plan
• Implement the Plan and Monitor Progress
Into this process, Wood integrated a more detailed 10-step planning process used for FEMA's CRS and FMA programs. Thus, the modified 10-step process used for this plan meets the requirements of major grant programs including: FEMA's HMGP, PDM program, FMA Program, and flood control projects authorized by the U.S. Army Corps of Engineers.

In 2013, FEMA released the Local Mitigation Planning Handbook that has become the official guide for local governments to develop, update and implement local mitigation plans. While the requirements under §201.6 have not changed, the Handbook provides guidance to local governments on developing or updating hazard mitigation plans to meet the requirements under the Code of Federal Regulations (CFR) Title 44 - Emergency Management and Assistance §201.6, Local Mitigation Plans for FEMA approval and eligibility to apply for FEMA HMA grant programs. It also offers practical approaches, tools, worksheets and local mitigation planning examples for how communities can engage in effective planning to reduce long-term risk from natural hazards and disasters. The Handbook complements and liberally references the Local Mitigation Plan Review Guide (October 1, 2011), which is the official guidance for federal and state officials responsible for reviewing local mitigation plans in a fair and consistent manner.

Table 3-2 shows how the modified 10-step process fits into FEMA's four-phase process, and how these elements correspond to the tasks in the FEMA Mitigation Planning Handbook.

Table 3-2 Merced County Hazard Mitigation Planning Process FEMA's 4-Phase DMA Process Modified 10-Step CRS Process FEMA Local Mitigation Planning
Handbook Tasks
1) Organize Resources
201.6(c)(1) 1) Organize the Planning Effort
1: Determine the planning area and
resources
201.6(b)(1) 2) Involve the Publ ic 2: Build the planning team - 44 CFR 201.6 (()(1)
3: Create an outreach strategy - 44 CFR
201.6(b)(2) and (3) 3) Coordinate with Other 201 .6(b)(1) Departments and Agencies 4: Review community capabilities - 44 CFR 201 .6 (b)(2)&(3)
2) Assess Risks
201 .6(c)(2)(i) 4) Identify the Hazards
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FEMA's 4-Phase DMA Process Modified 10-Step CRS Process 201.6(c)(2)(ii) 5) Assess the Risks
3) Develop the Mitigation Plan
201.6(c)(3)(i) 6) Set Goals
201.6(c)(3)(ii) 7) Review Possible Activities
201.6(c)(3)(iii) 8) Draft an Action Plan
4) Implement the Plan and Monitor Progress
201.6(c)(5) 9) Adopt the Plan
10) Implement, Evaluate, and
201.6(c)(4) Revise the Plan

3.4.1 Phase 1: Organize Resources
Planning Step 1: Organize the Planning Effort
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FEMA Local Mitigation Planning
Handbook Tasks
5: Conduct a risk assessment - 44 CFR
201.6 (C)(2)(i) 44 CFR
201.6(C)(2)(ii)&(iii)
6: Develop a mitigation strategy - 44
CFR 201.6(c)(3)(i); 44 CFR 201(c)(3)(ii)
and 44 CFR 201.6(c)(3)(iii)
7: Review and adopt the plan
8: Keep the plan current
9: Create a safe and resilient
community - 44 CFR 201.6(c)(4)
The 2021 planning process and update of the LHMP had its roots in the development of a grant application. The County Office OES wrote the grant and in the process solicited commitments from local government jurisdictions that were interested in participating. With an understanding of the number of jurisdictions and their commitment to participate, the grant application was approved and awarded to the County in 2019.

Wood worked with the County to get organized for the plan update. Organizational efforts were initiated with the County and participating jurisdictions in December 2020 to inform and educate the plan participants of the purpose and need for updating the countywide hazard mitigation plan. An initial meeting between Wood and County OEM was held to discuss the organizational aspects of this plan update process. Invitations to the kickoff meeting for this plan update were extended to key County departments, the six incorporated communities, and representatives from special districts for the County and municipalities, as well as to other federal, state, and local stakeholders that might have an interest in participating in the planning process. Representatives from participating jurisdictions and HMPT members to the 2014 plan were used as a starting point for the invite list, with additional invitations extended as appropriate throughout the planning process. The list of initial invitees is included in Appendix A.

Representatives from the following County and municipal departments participated on the HMPT and the development of the plan update. A list of specific HMPT representatives is included in Appendix A. Other local, state, federal, and private stakeholders invited to participate in the HMPT are discussed under Planning Step 3.

Merced County
• Office of Emergency Management
• GIS
• Office of Education
• Division of Environmental Health
• County Counsel
• Community and Economic Development
• Fire Department
• Executive Office
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• IT Department
• Public Works Department
• Agriculture Commissioner
• Food Bank
City of Atwater
• City Manager
• Police Department
• Fire Department
City of Dos Palos
• Police Department
City of Gustine
• Police Department
City of Livingston
• Public Works
City of Los Banos
• Community and Economic Development
• Fire Department
City of Merced
• Fire Department
Planning Meetings
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The planning process officially began with a kickoff meeting on December 16, 2020. The meeting covered the scope of work and an introduction to the OMA requirements. Participants were provided with a Local Hazard Mitigation Plan Update Workbook, which included worksheets to facilitate the collection of information necessary to support update of the plan. Using FEMA guidance, Wood designed these worksheets to capture information on past hazard events, identify hazards of concern to each of the participating jurisdictions, quantify values at risk to identified hazards, inventory existing capabilities, and record possible mitigation actions. A copy of Wood's Local Hazard Mitigation Plan Update Guide for this project is included in Appendix B. The County and each jurisdiction seeking FEMA approval of their plan completed and returned the worksheets in either the Local Hazard Mitigation Plan Update Workbook or shared their most recent Local Hazard Mitigation Plan for incorporation into the plan document.

During the planning process, the HMPT communicated through face-to-face meetings, email, and telephone conversations. A majority of the meetings (3 out of the 4) were held virtually due to social distancing requirements associated with the ongoing COVID-19 pandemic. Draft documents were posted on a Google Drive and in some cases emailed so that the HMPT members could easily access and review them. The HMPT formally met four times during the planning period (December 16, 2020 - June 29, 2021). The purposes of these meetings are described in Table 3-3. The planning consultant sent meeting handouts ahead of time to the participating jurisdictions to review and provide feedback before or at the meeting. In addition to these meetings some jurisdictions held meetings with subcommittees to discuss the needed input for the plan update. In a couple cases some municipalities were not able to attend the planning workshops due to scheduling conflicts or limited staff capacity. Fire Captain and Assistant Director of County OES and the planning consultant worked with the jurisdictions individually in those cases to obtain necessary information and input into the planning process. This was done through direct 2{}21-2026 Update Page 3-7
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emails from the planning consultant and follow-up phone conversations with the consultant and County OES where necessary.
----------- - Table 3-3 Summary of Planning Meetings
Meeting Meeting Topic Date Location
Number
Virtual/Webinar
1 Kickoff/Planning Team Roles and Expectations December 16, 2020 - Microsoft Teams
Virtual/Webinar
2 Hazard identification and Risk Assessment March 24, 2021 - Microsoft Teams
Virtual/Webinar
3 Mitigation Strategy and Goals Update May 13, 2021 - Microsoft Teams
4 Mitigation Strategy Refinement June 29, 2021 County EOCAtwater Meeting #1 - Kickoff Meeting
On December 16, 2020, the Planning Team convened virtually to discuss the process for completing the update of this plan. The kickoff meeting was well attended with 23 individuals present. The audience was a mix of county departments, local governments, special districts and stakeholders. A complete list of those in attendance at the kickoff meeting can be found in the sign-in sheets in Appendix B.

Following introductions, Wood reviewed the DMA requirements and the suggested planning process to follow to meet the requirements as well as the expected schedule of the process. The roles of the HMPT and stakeholder was discussed including the participation requirements for the different roles.

During the kickoff meeting the Planning Team validated the identified hazards within the 2014 plan with minor revisions and collaboratively prioritized the hazards for the purpose of identifying which are "of most concern" to the County. More details are included in Section 4: Risk Assessment.

The group also discussed other agencies that should be part of this planning process, as well as related planning efforts to be coordinated with and recent studies to be incorporated. Part of this discussion was also related to creating a public outreach strategy to involve the public throughout the planning process.

This outreach strategy is included in Appendix F.

The kickoff meeting ended with Wood sharing handouts to assist in the planning process. These handouts included the Local Hazard Mitigation Plan Update Workbook which outlined data collection needs for each participating jurisdiction.

Meeting #2 - Risk and Goals
On March 24, 2021, the HMPT convened virtually to discuss the results of the risk and vulnerability assessment. Forty-one (41) members of the HMPT were present for the discussion. Wood began the meeting with a presentation on the results the risk assessment for natural hazards, results for hazardous material incidents were presented at the next meeting. The group went through each hazard together and discussed the results as well as shared any local insight to inform the HIRA update. Refer to the meeting summary in Appendix B for notes related to each hazard discussed. Part of this discussion was also related to development trends.
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Following the discussion on the results of the risk assessment, Wood explained this update process provides an opportunity to review the previous plan's goals to determine if they are still valid, comprehensive, and reflect current priorities and updated risk assessment. The group was also encouraged to share their jurisdiction's goal statements with their local planning teams prior to the next meeting to discuss if changes are necessary.

Wood shared with group that the online public survey had been opened and already received 30 responses at that time. A link was shared with the HMPT to easily distribute by email and for posting on each of the participating jurisdiction's websites and MJHMP webpages. The meeting ended with a review of the next steps and planning process schedule.

Meeting #3 - Mitigation Strategy and Goals Update
The HMPT convened virtually on May 13, 2021 with 28 people participating to update the plan's mitigation strategy. The group finalized the plan's goals and objectives (Step 6) and discussed the criteria for mitigation action selection and prioritization using a worksheet provided by Wood. The group reviewed each possible new mitigation action and additional details were provided by the Planning Team (Step 7). The meeting ended with a review of the next steps and planning process schedule. Wood provided the Planning Team with a link to an online form to submit new mitigation actions. During the Planning Team review of the full plan, each member was provided a handout on prioritizing new mitigation actions and asked to focus on prioritizing each new mitigation action for their jurisdiction.

Meeting #4 - Mitigation Strategy Refinement
On June 29, 2021, the HMPT convened in person to identify new mitigation actions to include in the updated plan. This encompassed a review of possible mitigation activities, alternatives, and related climate adaptation strategies. The group also discussed criteria for mitigation action selection and prioritization.

This was followed by a brainstorming session to elicit the development of new mitigation actions. Entities responsible for new mitigation action implementation were identified. The HMPT completed a sticky dot exercise to prioritize the new mitigation actions. Mitigation action worksheets were also re-distributed to allow additional details to be added following the workshop.

Planning Step 2: Involve the Public
Involving the public assures support from the community at large and is a required part of the planning process per the DMA 2000. Early discussions with Merced County and input received in the first HMPT meeting established the initial plan for public involvement in the plan update. Public outreach began with the creation of an on line public survey that was shared with each participating jurisdiction to post on their websites and disseminate via email to local stakeholders. The public outreach activities described here were conducted with participation from and on behalf of all jurisdictions participating in this plan.

Throughout the planning process public workshops were held to inform the public of the purpose of the DMA and the hazard mitigation planning process for the Merced County planning area. At each workshop the public in attendance were provided comment cards to leave any comments related to the County's MJHMP as well as provide their contact information if they would like to receive ongoing updates and information related to the planning process.

At the kickoff meeting, the HMPT discussed additional options for public involvement and agreed to an approach using established public information mechanisms and resources within the community.

Additional public involvement activities included press releases, website postings, flyer development and distribution, two public workshops, and the collection of public comments on the draft plan. Details on the outreach methods and approach are also summarized in the Community Outreach Strategy included in Appendix F.
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Online Public Survey
During the plan update's initial drafting stage, an online public survey was used to gather public input to the Planning Team. The survey provided an opportunity for public input during the planning process, prior to finalization of the plan update. The survey gathered public feedback on concerns about hazards and input on mitigation strategies to reduce their impacts. The survey was released on May 3, 2021 and closed on June 2, 2021 . The Planning Team provided links to the public survey by distributing it using social media, email, and posting the link on websites. A link to the survey was also posted on some of the participating juri sdictions' websites as well as through social media posts; screenshots from both can be found in Appendix B. A total of 290 people filled out the survey online. Results showed that the public perceives the most significant hazards to be drought, extreme temperatures, pandemic/epidemic, and climate change. Figure 3-1 shows the results of question 4 of the survey which asked the public's opinion on what mitigation actions that should have the highest priority in the updated hazard mitigation plan.

Wildfire fuels treatment projects, forest health/watershed protection, water conservation, evacuation route development and public health incident preparedness were cited as the most popular mitigation actions.

This information was shared with the HMPT during the update of the mitigation strategy to consider when evaluating hazard rankings and as a source of potential mitigation ideas. A summary of all the survey data and documentation of the public feedback can be found in Appendix B.

Figure 3-1 Results from Question 4: The following types of mitigation actions may be considered in Merced County. Please indicate the types of mitigation actions that you think should have the highest priority in the Merced County MultiJurisdictional Hazard Mitigation Plan . • tndoo('jOLtdoo .. Waming s;rst., 121
Wilofire FJels Tr1:atm~rt p"oje.. 152
• CortinJed Partic•pa:k,n iri the . 86
Gt:rer.ators for Critcal Facil'tics 117
• Pl;nr ng/Zcnir.g 79
?ublic EoJr-.:-tiorvAwareness 145
Stomw,ater DramaQ'=' Improve,.. 93
65 • E.C:Jcat:c-i ar:d Discou.its -on ::1. 51
e Dam s•fet/ 63
unpro•,;e r,eJ;a_bifity o! commun 9.2
Seism c s.Jfa.t; for r£-sidential b... 45
• Scbsiderc<' ~azard mitig;lior 51
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Online Public Workshops
Two online public workshop was held during the planning process to inform the public, receive input to integrate into the plan update, and keep the public updated on the progress being made in the planning process. Both workshops were held virtually as webinars due to social distancing requirements associated with the ongoing COVID-19 pandemic.

The first workshop took place on May 12, 2021 through Facebook Live. The workshop introduced the public to the hazard mitigation planning process for the County's Plan Update and answered any questions and gather public input to be integrated into the plan update. In addition, it was an opportunity to help staff identify risks, hazards and vulnerabilities from the public's perspective. At the end of the first workshop over 300 individuals participated in the virtual workshop by either logging on and briefly viewing the live workshop. Members of the public were able to submit comments verbally or via the chat function. The HMPT received four comments from the meeting that helped to inform the group on the public initial thoughts on hazard mitigation and hazards in their community. The recording of the meeting was subsequently posted on the County's Facebook Webpage, where it has had an additional 1,985 views as of June 2, 2021, of which 1,020 views were 3-second video views of the workshop recording.

The second public workshop took place on September 22, 2021 while the draft plan was out for public review. The workshop was noticed with a press release and social media postings. The workshop was online using MS Teams and was simultaneously broadcasted as a Facebook Live event by the County. The second virtual public workshop was an opportunity to learn more about the updated draft MJHMP including the planning process, the hazards assessed, and the mitigation actions proposed in the MJHMP.

Following the public workshop was an opportunity for the public to comment on the draft MJHMP. Nine persons attended the Teams session. There were no comments received during the workshop. The recording of the meeting was subsequently posted on the County's Facebook Webpage. The County encourages participation and feedback by attending the public workshop, visiting the County's Project Webpage, and/or commenting on the Public Review Draft MJHMP Critical Facilities Database Website and Coordination
A unique aspect of the 2021 plan update process was the development of a web-based mapping application by the County in collaboration with Wood. This project webpage served multiple purposes: a planning process backgrounder for the HMPT and public with public survey links; a GIS/map based - interactive storyboard (i.e., Experience Builder Application) to communicate the highlights of the risk assessment, including interactive hazard maps; a web-based method for collecting, validating, updating and maintaining critical facilities for the plan; and finally a platform to make the Plan a "living document" moving forward, providing a basis for the plan maintenance and continuous updating of critical facility data. A screenshot of the project webpage is shown in Figure 3-2 below. The website and critical facilities database was completed with assistance from a professor and students at California State University, Stanislaus.
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Figure 3-2 Merced County's MJHMP Webpage and Information Resource Portal M.~ County Mulu,Junod,cs....i Loul lw-.,.tll!lal'- "'-" t"'-" R-• l'ort41 J --- ~ • ~-·-· -- - - • •• ___ ..,,
Source: Merced County 2021
Each participating jurisdiction's assistance was requested to validate the critical facility GIS data that has been collected. There were two primary aspects of this: data completeness/correctness and alignment/classification with FEMA Lifelines framework. Through a password protected interface built with the ArcGIS Online Experience Builder application jurisdictions were able to browse map based critical facility data, edit descriptive attributes, and add new point data. This process further engaged participating jurisdictions who saw the value of the MJHMP and long-term use and maintenance of the critical facility data moving forward.

Public Review Period
On September 15-October 6, 2021, a public review draft of this plan was released for comment and made available for download via the County OES website. The draft plan was advertised through social media, mass emailing, and an advertisement through the media mechanisms noted previously. An electronic comment form through Microsoft Forms was provided with the draft plan. Two comments were received, one from a member of the public expressing that the plan was well done, and the other from a representative of the Lower San Joaquin Levee District, who did not have any specific things to note.

Comments received were shared with the HMPT but did not result in changes to the plan. Both comments are documented in Appendix B.

3.4.2 Planning Step 3: Coordinate with Other Departments and Agencies Early in the planning process, state and local agencies and organizations were invited to participate as stakeholders in the process through email. Stakeholders include local and regional agencies involved in hazard mitigation activities or those beyond the County and local government that have the authority to regulate development. The Merced County Cooperator's List provided the basis for a contact list, which was maintained on a Google Drive by County OES and the planning consultant. Stakeholders could participate in various ways, either by contributing input at HMPT meetings, being aware of planning activities through an email group, providing information to support the effort, or reviewing and commenting on the draft plan. Based on their involvement in other hazard mitigation planning efforts, and status in the County, representatives from the following agencies and organizations were invited to participate as stakeholders in the process by email; an asterisk indicates they participated in HMPT 2021-2026 Update Page 3-12
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meetings. Involvement of local academic institutions include students with California State University, Stanislaus who were tasked to assist with the web-based GIS application for critical facility mapping noted previously. The University of California, Merced was also represented at HMPT meetings. More specific on stakeholder agency representatives can be found in Appendix A and documentation in Appendix B.

Neighboring Counties
• County of Fresno
• County of Kings
• County of Madera*
• County of Mariposa*
State and Federal Agencies
• California Office of Emergency Services Region V*
• California Department of Water Resources*
• California Department of Parks and Recreation*
• National Weather Service*
Businesses, Academia, and Private and Non-Profits
• American Red Cross*
• University of California, Merced*
• California State University, Stanislaus*
• Pacific Gas & Electric (PG&E) *
• Mercy Medical Center*
• Merced Irrigation District*
• Turlock Irrigation District*
• Merced County Food Bank*
Incorporation or Existing Plans and Other Information
The coordination and synchronization with other community planning mechanisms and efforts are vital to the success of this plan. To have a thorough evaluation of hazard mitigation practices already in place, appropriate planning procedures shpuld also involve identifying and reviewing existing plans, policies, regulations, codes, tools, and other actions are designed to reduce a community's risk and vulnerability from natural hazards. Merced County uses a variety of mechanisms to guide growth and development.

Integrating existing planning efforts, mitigation policies, and action strategies into this plan establishes a credible, comprehensive document that weaves the common threads of a community's values together.

The development and update of this plan involved a comprehensive review of existing plans, studies, reports, and initiatives from Merced County and each participating municipality that relate to hazards or hazard mitigation. A high level summary of the key plans, studies and reports is summarized in the table below. Information on how they informed the update are noted and incorporated where applicable.

Table 3-4 Summary of Review of Key Plans, Studies and Reports Plan, Study, Report Name How Plan informed LHMP
Merced County General Plan Provided background information on the county including some information related to jurisdictions. The elements were used to provide information on risk and
vulnerabilities to hazards and the existing policies the County has in place related to hazards and mitigation.
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Plan, Study, Report Name How Plan informed LHMP
Municipal General Plans (including Safety Elements, Informed the municipal annexes and in some cases the land Use Elements, and Housing Elements) community service district annexes on past hazard events, mitigation policies, combining designations and existing and projected development
City of Merced 2015 Local Hazard Mitigation Plan Informed the HIRA sections, mitigation action plans and capability assessments for the City of Merced
Merced County Flood Insurance Study Reviewed for information on past floods and flood problems to inform risk assessment (Section 4)
Utilized Digital Flood Insurance Rate Maps effective
2018 State of California Multi-Hazard Mitigation Plan Reviewed information on climate change and hazard assessment data to ensure consistency with this plan
update
Reviewed list of hazards to inform risk assessment
(Section 4)
Reviewed goals for consistency
Turlock Irrigation District Local Hazard Mitigation Plan Reviewed risk assessment chapter in TLD plan to help 2020 inform the Merced County LHMP update
NOAA National Centers for Environmental Information- Reviewed information on climate change to inform risk State Climate Summaries assessment (Section 4)
California Department of Finance/U.S. Census Bureau, Informed the background on the community including American Community Survey, 2015-2019 demographic trends USDA Risk Management Agency Crop Indemnity Informed the adverse weather section vulnerability Reports, 2007-2020 assessment on how crops have been impacted by weather events in the past. Also informed the Drought
and Agricultural Pests and Disease sections of the HIRA California Climate Adaptation Strategy, 2018 and Informed the Extreme Heat profile and climate change California OES Contingency Plan for Excessive Heat considerations Emergencies (2014)
Other technical data, reports and studies were reviewed and considered, as appropriate, during the collection of data to support Planning Steps 4 and 5, which include the hazard identification, vulnerability assessment, and capability assessment. Information from the following agencies and groups in were reviewed in the development and update of this plan. Specific references relied on in the development of this plan are also sourced throughout the document as appropriate. • California Department of Forestry and Fire Protection • California Department of Parks and Recreation Office of Historic Preservation • California Department of Transportation
• California Department of Public Health
• California Natural Resources Agency
• California Department of Water Resources
• California Geological Survey
• Merced County Agricultural Department
• Merced Office of Emergency Services
• California Water Foundation
• National Oceanic and Atmospheric Administration National Climatic Data Center • National Register of Historic Places
• Natural Resource Conservation Service
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• National Weather Service
• U.S. Fish and Wildlife Service
• U.S. Geological Survey
• Western Regional Climate Center
• Center for Western Weather and Water Extremes
Integration of 2014 Plan into Other Plans and Planning Mechanisms While the 2014 MJHMP including jurisdictional annexes for Atwater, Livingston, or Los Banos, or the City of Merced 2015 LHMP, were not specifically incorporated or referenced in county or municipal plans and planning mechanisms, a process to do so with the 2021-2026 plan is outlined in subsection 6.3.3.

Specifically, there is a process noted in both subsection 6.3.3 and corresponding mitigation actions in subsection 5.3 that outline how the County and municipalities can achieve Assembly Bill (AB) 2140 compliance, which recommends adoption by reference or incorporation of the LHMP into the Safety Element of the General Plan. The County was actively coordinating an amendment of the General Plan Safety Element to accommodate this during the finalization of this LHMP in late 2021.

3.4.3 Phase 2: Assess Risks
Planning Step 4: Identify the Hazards
Wood led the HMPT in an effort to review the list of hazards identified in the 2014 plan and document all the hazards that have, or could, impact the planning area, including documenting recent drought, flood, wildfire and winter storm events. Data collection worksheets were used in this effort to aid in determining hazards and vulnerabilities and where risk varies across the planning area. The profile of each of these hazards was then updated in 2019 with information from the HMPT and additional sources. Web resources, existing reports and plans, and existing GIS layers were used to compile information about past hazard events and determine the location, previous occurrences, probability of future occurrences, and magnitude/severity of each hazard. GIS were used to display, analyze, and quantify hazards and vulnerabilities where data permitted. The potential for climate change to affect the frequency and intensity of the hazards was summarized based on latest available science, where applicable. A more detailed description of the HIRA process and the results are included in Section 4: Hazard Identification and Risk Assessment.

Planning Step 5: Assess the Risks
After updating the profiles of the hazards that could affect the County, the HMPT collected information to describe the likely impacts of future hazard events on the participating jurisdictions. This step included two parts: a vulnerability assessment and a capability assessment.

Vulnerability Assessment - Participating jurisdictions updated their assets at risk to natural hazardsoverall and in identified hazard areas. These assets included total number and value of structures; critical facilities and infrastructure; natural, historic, and cultural assets; and economic assets. The HMPT also analyzed development trends in hazard areas. The latest DFIRM was used to refine the estimate flood losses during the update, where available for the NFIP participating communities.

Capability Assessment - The HMPT also conducted a capability assessment update to review and document the planning area's current capabilities to mitigate risk and vulnerability from natural hazards.

By collecting information about existing government programs, policies, regulations, ordinances, and emergency plans, the HMPT can assess those activities and measures already in place that contribute to mitigating some of the risks and vulnerabilities identified. This information for the County is included in Section 6 and in the respective jurisdictional annexes. This addressed FEMA planning task 4: Review community capabilities - 44 CFR 201.6 (b)(2) & (3).
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Results of the risk assessment was presented, and comments discussed at the second HMPT meeting in March 2021. A more detailed description of the risk assessment process and the results are included in Section 4: Hazard Identification and Risk Assessment.

3.4.4 Phase 3: Develop the Mitigation Plan
Planning Step 6: Set Goals
Wood facilitated a discussion session with the HMPT to review the 2014 plan's goals and objectives. The HMPT discussed definitions and examples of goals, objectives, and actions and considered the goals of the state hazard mitigation plan and other relevant local plans when reviewing and revising the goals and objectives. The resulting updated goals and objectives are presented in Section 5: Mitigation Strategy.

Planning Step 7: Review Possible Activities
Wood facilitated a discussion at an HMPT meeting to review the alternatives for mitigating hazards. This included a brainstorming session with the HMPT to identify a comprehensive range of mitigation actions for each identified hazard, and a method of selecting and defending recommended mitigation actions using a series of selection criteria. More specifics on the process and the results of this collaborative process are captured in Section 5: Mitigation Strategy.

As part of the review of mitigation options long-term climate change adaptation strategies were also discussed. HMPT members were encouraged to incorporate climate change adaptation measures into the mitigation strategy of their respective jurisdictions utilizing resources and guidance available on the CalAdapt website.

Planning Step 8: Draft an Action Plan
Based on input from the HMPT regarding the draft risk assessment and the goals and activities identified in Planning Steps 6 and 7, Wood produced a complete first draft of the plan. This complete was shared electronically with the HMPT for review and comment. Other agencies were invited to comment on this draft as well. HMPT and agency comments were integrated into the second draft, which was advertised and distributed to collect public input and comments. Neighboring county emergency managers and interested stakeholders identified under Step 3 were also solicited to provide comments on the draft plan; no comments were received. Wood integrated comments and issues from the public, as appropriate, along with additional internal review comments and produced a final draft for the California Office of Emergency Services and FEMA Region IX to review and approve, contingent upon final adoption by the governing boards of each participating jurisdiction.

3.4.5 Phase 4: Implement the Plan and Monitor Progress
Planning Step 9: Adopt the Plan
In order to secure buy-in and officially implement the plan, the plan was adopted by the governing boards of each participating jurisdiction on the dates included in the adoption resolutions in Appendix C:

Approval and Adoption. The final plan will be included in the Safety Element of the County General Plan and result in the County's eligibility for Assembly Bill (AB) 2140. This adoption makes the jurisdiction eligible for consideration for part or all of its local costs on eligible public assistance to be provided by State share funding through the CDAA.

Planning Step 10: Implement, Evaluate, and Revise the Plan The true worth of any mitigation plan is in the effectiveness of its implementation. Up to this point in the plan update process, all of the HMPT's efforts have been directed at researching data, coordinating input 2021-2026 Update Page 3-16
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from participating entities, and updating and developing appropriate mitigation actions. Each recommended action includes key descriptors, such as hazard(s) addressed, lead manager and priority, to help initiate implementation. An overall implementation strategy is described in Section 6: Plan Adoption, Implementation, and Maintenance.

Finally, there are numerous organizations within the Merced County planning area whose goals and interests' interface with hazard mitigation. Coordination with these other planning efforts, as addressed in Planning Step 3, is paramount to the ongoing success of this plan and of mitigation in Merced County and is addressed further in Section 6. A plan update and maintenance schedule and a strategy for continued public involvement are also included in Section 6.

Implementation and Maintenance Process: 2014 Plan
The 2014 LHMP included a process for implementation and maintenance which was generally followed, with some variation. Implementation of the plan including the status of mitigation actions is captured in Section 5 and the jurisdictional annexes. In general, the County and participating jurisdictions have made progress in the implementation of the plan. Successes of note are detailed in the mitigation strategy in Section 5. An updated implementation and maintenance section can be referenced in Section 6 .. 2021-2026 Update Page 3-17
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I
M C . 1_,' Merced County Multi-Jurisdictional Hazard Mitigation Plan Efj+ED~ ---- ------ - ------- ----'--H-az-a-rd-1-de-n-tif-ic-at-io_n_a-nd-R-is_k_,A,<_ss_e_ss-m-en-t COUNTY
4 HAZARD IDENTIFICATION AND RISK ASSESSMENT
Requirement §201.6(c)(2)(i):
[The risk assessment shall include a] description of the type, location and extent of all natural hazards that can affect the jurisdiction. The plan shall include information on previous occurrences of hazard events and on the probability of future hazard events.
§201.6(c)(Z)(ii):
{The risk assessment shall include a] description of the jurisdiction's vulnerability to the hazards described in paragraph { c)(2)(i) of this section. This description shall include an overall summary of each hazard and its impact on the community. All plans approved after October 1, 2008 must also address NFIP insured structures that have been repetitively damaged by floods. The plan should describe vulnerability in terms of:
§201.6(c)(2)(ii)(A):

The types and numbers of existing and future buildings, infrastructure, and critical facilities located in the identified hazard areas;
§201.G(c)(Z)(ii)(B):

An estimate of the potential dollar losses to vulnerable structures identified in ... this section and a description of the methodology used to prepare the estimate.
§201.6( c)(Z)(ii)(C):

Providing a general description of land uses and development trends within the community so that mitigation options can be considered in future land use decisions.

Risk to natural hazards is a combination of hazard, vulnerability and capability. This section of the MHMP will look at both hazards and vulnerability. The risk assessment process identifies and profiles relevant hazards and assesses the exposure to lives, property and infrastructure to these hazards. The goal of the risk assessment is to estimate the potential losses in Merced County from a hazard event. This process also allows communities in Merced County to better understand their potential risk to natural hazards and provides a framework for developing and prioritizing mitigation actions to reduce the risks from future hazard events in Merced County.

The risk assessment process identifies and profiles relevant hazards and assesses the exposure of lives, property, and infrastructure to these hazards. The process allows for a better understanding of a jurisdiction's potential risk to hazards and provides a framework for developing and prioritizing mitigation actions to reduce risk from future hazard events.

This risk assessment builds upon the methodology described in the 2013 FEMA Local Mitigation Planning Handbook, which recommends a four-step process for conducting a risk assessment:

1. Describe Hazards

2. Identify Community Assets

3. Analyze Risks

4. Summarize Vulnerability
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In essence, the risk assessment evaluates potential loss from hazards by assessing the vulnerability of the county's population, build environment, critical facilities, and other assets. Data collected through this process has been incorporated into the following sections of this section:

Subsection 4.1: Hazard Identification - identifies the hazards that threaten the Planning Area and describes why some hazards have been omitted from further consideration.

Subsection 4.2: Asset Summary - describes the methodology for inventorying assets as the basis for determining vulnerability of the planning area to the identified hazards.

Subsection 4.3: Hazard Analysis and Risk Assessment - discusses the threat to the Planning Area and describes previous occurrences of hazard events and the likelihood of future occurrences (2013 FEMA Local Mitigation Planning Handbook Risk Assessment Step 1). It also includes a vulnerability assessment considering assets at risk, critical facilities, and development trends (2013 FEMA Local Mitigation Planning Handbook Risk Assessment Steps 2, 3 and 4).

This risk assessment covers the entire geographical area of Merced County. Since this plan is a multijurisdictional plan, the HMPC was required to evaluate how the hazards and risks vary from jurisdiction to jurisdiction. While these differences are noted in this section, they are expanded upon in the annexes of the participating jurisdictions. If no additional data is provided in an annex, it should be assumed that the risk and potential impacts to the affected jurisdiction are similar to those described here for the entire Merced County planning area.

4.1 Hazard Identification
The San Joaquin Valley region and Merced County is susceptible to a number of hazards. This MHMP profiles the most significant of these hazards. In the early meetings with Merced County and the Planning Team, data was reviewed from the following sources on hazards affecting the county, those sources were:

Federal and State Disaster Declaration History, the State of California Hazard Mitigation Plan (2018), the Health Safety Element of the Merced County 2035 General Plan (2012), and interviews of staff that live and work in Merced County.

Using existing natural hazards data and input gained through planning meetings during both the 2014 HMP and 2021 update, the HMPC agreed upon a list of hazards that could affect Merced County. The following table explains the changes in the hazards profiled in 2014 and the 2021 update.

Table 4-1 Updates to Hazards Profiled, 2014 Plan and 2021 Update 2014 Hazards 2021 Hazards Comments
Earthouake Earthouake No Chanoes.

Floods (including dam failures) Flooding and Levee Failure Broke out dam failures as its own sections:
"dam incidents". Added levee failure to
section due to the large number of levees
in the County.

Severe Weather (including Drought, Severe Weather: Dense Fog, Broke out drought into its own section.

Extreme Heat, Freeze) Extreme Heat, Freeze, Heavy Added dense fog, wind and heavy rain to Rain and Wind severe weather.

Wildfire Wildfire No Chanaes.

Agriculture Pest and Disease New in 2021 . Added due to significant agricultural industry in the County and the
impacts to the local economy.

Cyber Attacks New in 2021 . Added due to worldwide
uptick in number and extent of attacks.
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2014 Hazards 2021 Hazards Comments
Dam Incidents Identified in General Plan Safety Element.

Includes flooding from excess releases.

Drought Previously part of severe weather section.

Profiled separately due to the unique
nature of the hazard and different
consequences.

Hazardous Materials New in 2021 . Added due to potential for fixed facilitv and transportation incidents.

Landslide New in 2021. Added due to presence of
landslide susceptible terrain in the
western county.

Pandemic/Epidemic New in 2021. Included due to extent of impacts associated with 2020 COVID 19
Pandemic.

Subsidence New in 2021. Included due to history of
subsidence related to groundwater
withdrawals and impacts to canal and
levee infrastructure.

The 2021 HMP update included a significant re-evaluation of the hazards with the latest, best available data. Hazards data from Merced County, California Governor's OES, FEMA, the National Oceanic and Atmospheric Administration, and many other sources were examined to assess the significance of these hazards to the planning area. The update process included a comprehensive, parcel-level risk analysis with GIS where available data permitted. Many new maps and tables were added that capture the potential losses.

4.1.1 Overall Hazard Significance Summary
Overall hazard significance was based on a combination of Geographic Area, Probability of Future Occurrence and Potential Magnitude/Severity as defined below. The individual ratings are based on or interpolated from the analysis of the hazards in the sections that follow. During the 2021 Merced County HMP update the individual ratings and significance of the hazards was revisited and updated. Public concern was also considered via input at public webinars and an on line survey.

Table 4-2 Merced County Hazard Significance
Probability of Magnitude/Severity Overall
Hazard Geographic Area Future (Extent) Significance Occurrence Agriculture Pest and Extensive Likely Critical Medium
Disease
Cyber Attack Siq nificant Likely Critical Medium
Dam Incidents Siqnificant Occasional Catastrophic Medium Drought Extensive Likely Critical Hiqh
Earthquake Siqnificant Unlikely Critical Medium
Flood and Levee Extensive Likely Catastrophic High Failure Hazardous Materials Limited Hiqhly Likely Neqliqible Low Landslide Limited Occasional Limited Low
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Probability of Magnitude/Severity Overall Hazard Geographic Area Future (Extent) Significance Occurrence Severe Weather: Extensive Highly Likely Critical High Dense Foq Severe Weather: Extensive Highly Likely Critical High Freeze Severe Weather: Heat Extensive Hiqhly Likely Critical Hiqh Severe Weather: Extensive Highly Likely Critical High Heaw Rain Severe Weather: High Extensive Highly Likely Critical High Wind/Tornado Subsidence Extensive Likely Neqliqible Low
Wildfire Siqnificant Likely Limited Medium
Geographic Area Magnitude/Severity (Extent)
Limited: Less than 10% of planning area Catastrophic-More than 50 percent of property severely Significant: 10-50% of planning area damaged; shutdown of facilities for more than 30 days; and/or Extensive: 50-100% of planning area multiple deaths
Probability of Future Occurrences Critical-25-50 percent of property severely damaged; shutdown of facilities for at least two weeks; and/or injuries and/or Highly Likely: Near 100% chance of occurrence illnesses result in permanent disability in next year or happens every year. Limited-10-25 percent of property severely damaged; Likely: Between 10 and 100% chance of shutdown of facilities for more than a week; and/or occurrence in next year or has a recurrence injuries/illnesses treatable do not result in permanent disability interval of 10 years or less. Negligible-Less than 10 percent of property severely damaged, Occasional: Between 1 and 10% chance of occurrence in the next year or has a recurrence
shutdown of facilities and services for less than 24 hours; and/or interval of 11 to 100 years. injuries/illnesses treatable with first aid Unlikely: Less than 1% chance of occurrence in Significance next 100 years or has a recurrence interval of Low: minimal potential impact greater than every 100 years. Medium: moderate potential impact High: widespread potential impact

4.1.2 Non-Profiled Hazards
The Planning Team reviewed data and discussed several other hazards, which were eliminated from further discussion because they occur rarely and/or their impacts are not significant. The list below details these hazards and provides a brief explanation for their omission from further profiling. • Avalanche - Snowfall is extremely rare to nonexistent across the planning area. • Coastal Erosion/Storm - Hazard does not occur due to distance from coasts and ocean. • Hailstorm - Severe thunderstorms during which hail normally occurs are rare. • Hurricane - Hazard does not occur due to distance from ocean. • Tsunami - Hazard does not occur due to distance from ocean. • Volcano - The U.S. Geological Survey does not include Merced County in their map of areas identified as subject to hazards from potential eruptions in California.

The Planning Team acknowledges there are other human caused hazards that can affect the County. They are recognized here, with notes below how they are considered as consequences of other hazards or addressed in other planning mechanisms:
• Civil Unrest and Terrorism - More commonly addressed in the local emergency operations plans; an uptick in social equity-related incidents and far-right extremism has been noted in recent years. • Power outages/Utility Failure - This is addressed as a consequence of other hazards such as severe weather, earthquakes, and wildfires.
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• Transportation Hazards - Transportation safety is typically addressed in other planning mechanisms.

Noted as a consequence of other hazards where applicable, e.g. Severe Weather. Fog, earthquakes, floods.

4.1.3 Disaster Declaration History
One method to identify hazards is to look at the events that have triggered federal and/or state disaster declaration that included Merced County. Federal and state disaster declarations may be granted when the severity and magnitude of an event surpasses the ability of the local government to respond and recover. Disaster assistance is supplemental and sequential. When the local government's capacity has been surpassed, a state disaster declaration may be issued, allowing for the provision of state assistance.

Should the disaster be so severe that both the local and state governments' capacities are exceeded, a federal emergency or disaster declaration may be issued allowing for the provision of federal assistance.

In other words, a presidential disaster declaration puts federal recovery programs in place to help disaster victims, business, and public agencies.

The federal government may issue a disaster declaration through FEMA, the U.S. Department of Agriculture (USDA), or the Small Business Administration. FEMA also issues emergency declarations, which are more limited in scope and without the long-term federal recovery programs of major disaster declarations (Farm Service Agency 2018). The quantity and types of damage are the determining factors.

This section focuses on state and federal disaster and emergency declarations.

The communities throughout Merced are among the many in California that are susceptible to disaster.

Details on federal and state disaster declarations were obtained by the HMPC, FEMA, and the California OES and compiled in chronological order in Table 4-3. A review of state and federal declared disasters indicates that Merced County received 18 proclamations between 1950 and March 2020. Of the 18 state declarations, seven were associated with flooding; two were for drought (not including declaration issued by the USDA); three were for freeze; and two were for the COVID-19 pandemic.

This disaster history (combined federal and state) suggests that Merced County experiences a major event worthy of a disaster declaration about every 4 years. The County has a 26 percent chance of receiving a disaster declaration in any given year. With the exception of the declarations for drought and the COVID19 pandemic, every declaration resulted directly or indirectly from severe weather. Further, a review of these events helps Merced County, and its jurisdictions identify risk reduction targets and ways to improve capabilities to avoid large-scale hazard events in the future.

The following table lists the declarations where Merced County was included in federal and/or state disaster declarations from 1950 to the present.

Table 4-3 Merced County Disaster Declaration History 1950-present Hazard Type Disaster Name Disaster Number
Flood 1950 Floods (Statewide} OCD50-01
Flood 1955 Floods (Statewide} DR-47
Flood 1969 Storms, Floodinq DR-253
Freeze 1972 Freeze
Drouqht California Drouqht January 1976-77 3023
Severe Storms 1983 Coastal Storms, Floods, Slides, & DR-677 Tornadoes
Freeze 1990 Freeze DR-894
Flood 1995 Late Winter Storms DR-1046
Flood 1997 January Floods DR-1155
Flood 1998 El Nifio Floods DR-1203
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Hazard Type Disaster Name Disaster Number
Freeze 1998 Freeze DR-1267
Hurricane Katrina Evacuation California Hurricane Katrina Evacuees EM-3248 September 2005
Flood 2006 June Storms DR-1646
Freeze 2007 Severe Freeze DR-1689
Drought Central Valley Drought 2008 GP 2008-03
Drouqht Drouqht State of Emerqency Statewide 2014 B-17-2014 Flooding and Mudslides January 2017 Storms DR-4301
Pandemic California COVID-19 EM-3428
Pandemic California COVID-19 Pandemic DR-4482
Source: Merced OES, Cal OES and FEMA
Since 2012, there have been 18 disaster designations issued by the Secretary of Agriculture in Merced County, 15 of which were for drought and three were for hail, excess rain, cold temperatures, and high winds. Of the drought designations, 11 are classified as "Drought-Fast Track" Secretarial disaster designations. According to the Secretary of Agriculture, a Fast Track designation is for a severe drought and provides an automatic designation when during the growing season any portion of the county meets the severe drought intensity value for eight consecutive weeks. Refer to the drought hazard profile for more information of disaster declarations from the Secretary of Agriculture related to drought events.

Table 4-4 USDA Agricultural Declarations in Merced County, 2012-2020 Year Hazard Designation Approval Date Number
Drouqht-Fast Track S3268 7/12/2012
2012 Hail, rain, cold temperatures S3320 8/3/2012
Drouqht S3379 9/5/2012
Drouaht S3452 12/19/2012
Drouqht-Fast Track S3491 2/27/2013
2013
Drouqht-Fast Track S3511 4/24/2013
Drought-Fast Track S3547 7/3/2013
Drouq ht-Fast Track S3558 7/31/2013
2014 Drought-Fast Track S3626 1/15/2014
Drouqht S3743 9/17/2014
2015
Drought-Fast Track S3784 2/4/2015
Drouqht S3943 12/23/2015
Drought-Fast Track S3952 2/17/2016
2016 Severe weather including excessive S4164 3/31/2017 rainfall and hiqh winds 2017 Drought-Fast Track S4144 2/23/2017
2019 Excessive rain and hail S4657 3/11/2020
2020 Drouqht-Fast Track S4697 6/16/2020
Source: USDA Secretary of Agriculture

4.1.4 Climate Change Considerations Summary
Merced County is part of the San Joaquin Valley part of California's Central Valley. The region is known as one of the world's most productive agricultural regions and is also vulnerable to the impacts on climate change. The following are highlights from California's Fourth Climate Change Assessment, San Joaquin Valley Region Report (Preview), of projected impacts to the State of California and the Central Valley due to climate change:
• Acceleration of higher temperatures across California. 202 1-2026 Update Page 4-6
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• More intense and frequent heat waves.
• Increasing evapotranspiration.
• More intense and frequent droughts.
• More intense rainstorms.
• Higher frequency of catastrophic floods.
• More severe and frequent wildfires.
• Declining and change in timing of snowmelt.
• Increased susceptibility to rain-on-snow events from atmospheric rivers. • Increased stream temperatures resulting in decreased water quality.

The important consideration for hazard mitigation is that climate change is exacerbating the hazards which are already identified and profiled. Additional specifics associated with the hazards are discussed in the Climate Change Considerations portion of each hazard profile.

4.1.5 Overview of Hazard Identification and Risk Assessment Subsection 4.3 contains detailed hazard profiles for the identified hazards. Each hazard profile includes the following subsections:
• Hazard/Problem Definition-This section gives a description of the hazard and associated issues followed by details on the hazard specific to the Merced County planning area. • Geographic Area - This section gives a spatial description of the potential location or areas of Merced County where the hazard expected to impact.
• Extent (Magnitude/Severity)- This section gives a description of the potential strength or magnitude of the hazard as it pertains to Merced County.
• Previous Occurrences-This section contains information on historical incidents, including impacts where known. Historical incident worksheets were used to capture information from participating jurisdictions on past occurrences.
• Probability of Future Occurrence-The frequency of past events is used in this section to gauge the likelihood of future occurrences. Where possible, frequency was calculated based on existing data. It was determined by dividing the number of events observed by the number of years on record and multiplying by 100. This gives the percent chance of an event happening in any given year (e.g., three droughts over a 30-year period equates to a 10 percent chance of a drought in any given year). The likelihood of future occurrences is categorized into one of the following classifications:

Highly Likely- Near 100 percent chance of occurrence in next year or happens every year.

Likely - Between 10 and 100 percent chance of occurrence in next year or has a recurrence interval of 10 years or less.

Occasional - Between 1 and 10 percent chance of occurrence in the next year or has a recurrence interval of 11 to 100 years.

Unlikely- Less than 1 percent chance of occurrence in next 100 years or has a recurrence interval of greater than every 100 years.
• Climate Change Considerations - This describes the potential for climate change to affect the frequency and intensity of the hazard in the future.
• Vulnerability - Following the hazard profiles is a vulnerability assessment for each identified hazard.

The assessment was conducted through the study of potential impacts to the following specific sectors:

General Property
People
Critical Facilities and Infrastructure
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Economy
Historic, Cultural, and Natural Resources
Future Development
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Risk Summary - Each vulnerability assessment includes a risk summary of the key issues/problems based on threat, vulnerability and consequence to the planning area and jurisdictions from the specific hazard.

Data used to support this assessment included the following:
• County GIS data (hazards, base layers, and assessor's data); • Statewide GIS datasets to support mitigation planning; • State of California Hazard Mitigation Plan 2018;
• Merced County Hazard Mitigation 2014;
• Jurisdictional Hazard Mitigation Plans;
• CAL FIRE datasets;
• California's Fourth Climate Change Assessment
• Written descriptions of inventory and risks provided by the jurisdictions; • Online data sources (cited where applicable);
• Data and information from existing plans and studies; and • Input from planning team members and staff from the County and local, state, and federal agencies.

Asset Summary

4.1.6 Assets Exposure
As a starting point for analyzing the Planning Area's vulnerability to identified hazards, the HMPC used a variety of data to define a baseline against which all disaster impacts could be compared. If a catastrophic disaster was to occur in the Planning Area, this section describes significant assets exposed or at risk in the Planning Area. Data used in this baseline assessment included:
• Total assets at risk;
• Critical facility inventory;
• Cultural, historical, and natural resources; and
• Population growth and land use/development trends.

Total Assets at Risk
Building value assessments in this plan are based on data from the Merced County's Assessor's Office.

This data provided the baseline for an inventory of the total exposure of developed properties within the county and helps to ensure that the updated HMP reflects changes in development. It is important to note that depending on the nature and type of hazard event or disaster, it is generally the value of the infrastructure or improvements to the parcels that are of concern or at risk. Generally, the land itself is not a total loss, but may see a reduction in value. Thus, the parcel analysis excludes land value.

Parcel Exposure and Preparations for Analysis
Merced County Assessor data was used to inventory the total number and types of parcels with improvements, defined as parcels with an improvement value greater than zero, in the County. Building content values were estimated based on the following formulas based on FEMA/Hazus methods: a) Residential properties received content values worth 50% of the improved values; b) Agricultural, Commercial, Exempt, and Mixed Use related properties received content values worth 100% of the improved values; and c) Industrial properties received content values worth 150% of the improved values. 2027-2026 Update Page 4-8
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Adding up these content and original improved values yields the Total Value of Improved Parcels, which is an estimation of the total property exposure within the County. Building counts were based on an address point database to further refine the number of structures, as one parcel may have multiple buildings.

Table 4-6 summarizes the property inventory for the County and each participating jurisdiction with detail by property type. Table 4-5 shows the total property inventory from the Assessor's Office.

Table 4-5 Total Exposure Summary by Jurisdiction
I
Jurisdiction Improved Building Improved Value Estimated Total Value Parcel Count Count Content Value
Atwater 7,634 9,654 $1,391,376,798 $826,122,017 $2,217,498,815 Dos Palos 1,774 2,001 $202,169,557 $111 ,638,513 $313,808,070 Gustine 1,874 2,109 $290,346,103 $174,766,468 $465,112,571 Livingston 3,344 4,007 $708,187,135 $500,444,666 $1,208,631,801 Los Banos 12,253 13, 111 $2,492,207,313 $1,427,441,289 $3,919,648,602 Merced 22,362 31 ,744 $4,753,631 ,582 $3,092,973,003 $7,846,604,585 Unincorporated 28,343 35,327 $5,628,897,061 $4,421,594,611 $10,050,491,672 Total 77,584 97,953 $15,466,815,549 $10,554,980,566 $26,021,796, 115 Source: Merced County Assessor's Office, Wood Analysis
Table 4-6 Total Exposure by Jurisdiction and Property Type Property Improved Building Estimated Jurisdiction Type Parcel Count Improved Value Content Value Total Value Count
Aoricultural 4 4 $294,019 $294,019 $588,038
Commercial 254 941 $187,232,236 $187,232,236 $374,464,472 Exempt 77 150 $14,001,651 $14,001 ,651 $28,003,302
Industrial 48 48 $28,819,757 $43,229,636 $72,049,393
Atwater Mixed Use 6 6 $236,330 $236,330 $472,660
Residential 7,229 8,489 $1 ,159,329,319 $579,664,660 $1 ,738,993,979 Vacant 16 16 $1,463,486 $1,463,486 $2,926,972 Land
Total 7,634 9,654 $1,391,376,798 $826,122,017 $2,217,498,815 Commercial 104 154 $16,913,918 $16,913,918 $33,827,836
Exempt 39 94 $1,962,673 $1 ,962,673 $3,925,346
Industrial 9 9 $1,043,139 $1,564,709 $2,607,848
Dos Palos Mixed Use 5 5 $104,170 $104,170 $208,340
Residential 1,611 1,733 $182,105,228 $91,052,614 $273,157,842 Vacant
6 6 $40,429 $40,429 $80,858 Land
Total 1,774 2,001 $202,169,557 $111,638,513 $313,808,070 Agricultural 3 3 $249,806 $249,806 $499,612
Commercial 86 212 $13,841,697 $13,841,697 $27,683,394
Exempt 21 22 $1,947,230 $1,947,230 $3,894,460
Industrial 8 8 $21,456,333 $32,184,500 $53,640,833
Gustine Mixed Use 3 3 $55,055 $55,055 $110,110
Residential 1,749 1,857 $252,615,603 $126,307,802 $378,923,405 Vacant 4 4 $180,379 $180,379 $360,758 Land
Total 1,874 2,109 $290,346,103 $174,766,468 $465, 112,571 2021-2026 Update Page 4-9
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Property Improved Building Estimated Jurisdiction Type Parcel Improved Value Total Value Count Count Content Value
Agricultural 8 9 $713,550 $713,550 $1,427,100
Commercial 82 235 $75,954,862 $75,954,862 $151,909,724
Exempt 48 114 $8,331,817 $8,331,817 $16,663,634
Industrial 19 33 $103,753,191 $155,629,787 $259,382,978 Livingston Mixed Use 3 4 $53,004 $53,004 $106,008
Residential 3,177 3,605 $519,238, 129 $259,619,065 $778,857,194 Vacant 7 7 $142,582 $142,582 $285,164 Land
Total 3,344 4,007 $708,187,135 $500,444,666 $1,208,631,801 Agricultural 6 8 $519,029 $519,029 $1,038,058
Commercial 441 889 $287,223,390 $287,223,390 $574,446,780 Exempt 189 270 $15,571,378 $15,571,378 $31,142,756
Industrial 23 43 $29,327,893 $43,991,840 $73,319,733
Los Banos Mixed Use 9 9 $175,156 $175,156 $350,312
Residential 11,554 11,861 $2, 158,859,942 $1,079,429,971 $3,238,289,913 Vacant 31 31 $530,525 $530,525 $1 ,061 ,050 Land
Total 12,253 13,111 $2,492,207,313 $1,427,441,289 $3,919,648,602 Agricultural 23 26 $1,112,724 $1,112,724 $2,225,448
Commercial 911 2,819 $1,045,871,699 $1,045,871 ,699 $2,091,743,398 Exemot 632 1,313 $48,779,381 $48,779,381 $97,558,762
Industrial 120 220 $167,440,322 $251, 160,483 $418,600,805 Merced Mixed Use 16 17 $259,279 $259,279 $518,558
Residential 20,611 27,288 $3,488,757,480 $1,744,378,740 $5,233, 136,220 Vacant 49 61 $1,410,697 $1,410,697 $2,821,394 Land
Total 22,362 31,744 $4,753,631,582 $3,092,973,003 $7,846,604,585 Aqricultural 9,875 13,314 $2,230,504,412 $2,230,504,412 $4,461,008,824 Commercial 689 1,703 $277,981,955 $277,981,955 $555,963,910 Exempt 427 769 $56,580,563 $56,580,563 $113,161,126
Industrial 158 250 $322,872,531 $484,308,797 $807,181,328 Unincorporated Mixed Use 70 81 $2,168,754 $2,168,754 $4,337,508 Residential 17,020 19,083 $2,737,477,431 $1,368,738,716 $4,106,216,147 Vacant 104 127 $1,311,415 $1,311,415 $2,622,830 Land
Total 28,343 35,327 $5,628,897,061 $4,421,594,611 $10,050,491,672 Grand Total 77,584 97,953 $15,466,815,549 $10,554,980,566 $26,021,796, 115 Source: Merced County Assessor's Office, Wood Analysis
Critical Facility/Lifeline Inventory
A significant aspect of the 2021 HIRA update was the update of critical facilities and an alignment/classification with the FEMA Lifelines framework. The critical facilities/lifelines GIS database was based on a combination of county-provided data, Homeland Infrastructure Foundation Level Data (HIFLD), and local input. Jurisdictions were able to browse map based critical facility data, edit descriptive attributes, and add new point data through a password protected interface built with the ArcGIS Online Experience Builder application setup by the County GIS coordinator. The results are summarized here and provided the basis for GIS based vulnerability analyses, where data permitted. 2021-2026 Update Page 4-10
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For the purposes of this plan, a critical facility is defined as one that is essential in providing utility or direction either during the response to an emergency or during the recovery operation. FEMA sorts critical facilities into seven lifeline categories as shown in Figure 4-1.

Figure 4-1
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These lifeline categories standardize the classification of critical facilities and infrastructure that provide indispensable service, operation, or function to a community. A lifeline is defined as providing indispensable service that enables the continuous operation of critical business and government functions, and is critical to human health and safety, or economic security. These categorizations are particularly useful as they:
• Enable effort consolidations between government and other organizations (e.g., infrastructure owners and operators).
• Enable integration of preparedness efforts among plans, easier identification of unmet critical facility needs.
• Refine sources and products to enhance awareness, capability gaps, and progress towards stabilization.
• Enhance communication amongst critical entities, while enabling complex interdependencies between government assets.
• Highlight lifeline related priority areas regarding general operations as well as response efforts. 2021-2026 Update Page 4-1 1
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Merced County Multi-Jurisdictional Hazard Mitigation Plan Hazard Identification and Risk Assessment
Table 4-7 shows a summary of the critical facilities analysis. Figure 4-2 illustrates the location of critical facilities in Merced County.

Table 4-7 Summary of Critical Facilities by Jurisdiction and Lifeline ...

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·.;:; .: 2 2 QI 0 Ill ·.;:; Jurisdiction Ill QI V ... "' "'C "'C Ill ·c Ill ::I C C t: ::I s 0 Ill Ill 0
E >- "Cl ..c: >- C. tn "ti ... .:!::: ... E "' iii ... Ill QI C QI 0 N Ill - n, .. 0 C 0 Ill QI Ill ... 0 V w LI. J: ::t Ill I- IAtwater 7 5 3 34 11 62 Dos Palos 1 7 8
Gustine 6 2 1 8 3 20
Livingston 6 1 3 3 14 5 32
Los Banos 15 2 20 6 3 53 6 105
Merced · 36 3 52 17 22 87 53 270
Unincorporated 113 216 31 24 164 467 1,016
Total 184 227 111 52 27 367 545 1,513
Source: HIFLD, Merced County, City of Atwater, City of Dos Palos, City of Gustine, City of Livingston, City of Los Banos, City of Merced
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Figure 4-2 Merced County Critical Facilities

STANISLAUS

SANTA CLARA
Map compiled 5/2021; '-.&l.ood intended for planning purposes only. ~• • Data Source: Merced County, USFWS.

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Merced County Multi-Jurisdictional Hazard Mitigation Plan I\AARIPOSA
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0 Communications
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0 Hazardous Material
+ Health and Medical
Safety and Security
a Transportation
Waterways
Lakes
Hazard Identification and Risk Assessment
- Railroads
-- Local Roads
-- Highways
- Interstate
• Urban Communities
Cijies
Counties
National Wildlife Refuge
Grasslands Wildlife
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Other critical facilities unique to the county are the California Aqueduct, the Castle Air Museum, and the Federal Bureau of Prisons located in Atwater. These facilities are better addressed in the emergency operations plans for the county, the two municipalities, and federal emergency plans.

The California Aqueduct, part of the California State Water Project, runs through the western part of Merced County. The State Water Project is a water storage and delivery system of reservoirs, aqueducts, power plants, and pumping plants. Its main purpose is to store water and distribute it to 29 urban and agricultural water suppliers in Northern California, the San Francisco Bay Area, the San Joaquin Valley, the Central Coast, and Southern California. Seventy percent of the contracted water supply goes to urban users and 30 percent goes to agricultural users. The State Water Project makes deliveries to two-thirds of California's population. Earthquakes, landslides, flooding, or other hazard events that disrupt the aqueduct's ability to deliver water could have serious impacts to agriculture in the county and water users in many areas of California.

The Castle Air Museum is one of Merced County's treasures drawing visitors from across the country.

Located on the site of the former Castle Air Force Base (known as Merced Army Airfield during WWII), the museum has a collection of 53 World War 11, Korean War, and Vietnam Era aircraft. The indoor museum contains many additional Air Force and Army Air Corps artifacts and a B-52 simulator.

The Federal Bureau of Prisons in Atwater is one of the larger employers in the city with over 100 employees and approximately 1,600 prisoners. Although this plan recognizes the critical assets of this facility and its role in the county's economy, as federally owned property, the prison develops its separate emergency management plans.

Cultural, Historical and Natural Resources
Assessing Merced County's vulnerability to disaster also involves inventorying the natural, historical, and cultural assets of the area. This step is important for the following reasons:
• The community may decide that these types of resources warrant a greater degree of protection due to their unique and irreplaceable nature and contribution to the overall economy. • In the event of a disaster, an accurate inventory of natural, historical and cultural resources allows for more prudent care in the disaster's immediate aftermath when the potential for additional impacts is higher.
• The rules for reconstruction, restoration, rehabilitation, and/or replacement are often different for these types of designated resources.
• Natural resources can have beneficial functions that reduce the impacts of natural hazards, for example, wetlands and riparian habitat which help absorb and attenuate floodwaters and thus support overall mitigation objectives.

Historic and Cultural Resources
Historical resources are buildings, structures, objects, places, and areas that are eligible for listing in the National Register of Historic Places (NRHP), the California Register of Historic Resources, or the County's List of Historic Resources, have an association with important persons, events in history, or cultural heritage, or have distinctive design or construction method.

For purpose of federal actions, a qualified historic resource is defined as a property listed in or formally determined eligible for listing in the NRHP before a disaster occurs. The NRHP is part of a national program to coordinate and support public and private efforts to identify, evaluate, and protect historic and archeological resources. Properties listed include districts, sites, buildings, structures, and objects that are significant in American history, architecture, archeology, engineering, and culture. The National Register is administered by the U.S. Department of the Interior National Park Service. Local and state 2021-2026 Update Page 4 14
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agencies may consider a broader definition of qualified historic properties in the review, evaluation, and treatment of properties damaged during a disaster.

The State of California Office of Historic Preservation can provide technical rehabilitation and preservation services for historic properties affected by a natural disaster. Depending on the hazard, protection could range from emergency preparedness, developing a fire safe zone around sites susceptible to wildfires, or seismically strengthening or structurally reinforcing structures.

State and local registers of historic resources provide designated Historical Landmarks, Points of Historical Interest, and Historic Buildings. These resources include, but are not limited to:
• The California Register of Historical Resources
• The California Historical Landmarks
• The California Inventory of Historical Resources
• The California Points of Historical Interest
Historical Resources designated on a federal, state or local level are listed in Table 4-8.

Table 4-8 Merced County Historical Resources
Property Name Register Jurisdiction Date Listed
Bank of Italy National Merced 10/12/2004
Bank of Los Banos National Los Banos 8/24/1979 Building Bloss Mansion National Atwater 9/3/1981
Buhach Grammar School National Merced 4/7/1983
Canal Farm Inn State Landmark Los Banos 1/27/1956
Church of St. Joseph National Los Banos 7/8/2004
Cook, Maj. George National Merced 9/15/1983 Beecher, House G.B. Neiqhbors Home Point of Interest Snellinq 6/2/1967 Georqe S. Bloss Mansion Point of Interest Atwater 3/15/1974 Gwin Post Office, Paddy Point of Interest Le Grand 1/19/1972 Bennett Place Kaehler-Rector House National Merced 1/4/192
Lake Yosemite Water Point of Interest Merced 1/19/1972 Tower Leooett House National Merced 10/25/1979
Leqqett, Thomas H. House National Merced 7/8/1982
Los Banos State Landmark Los Banos 3/1/1956
Los Banos Creek Point of Interest Los Banos 6/2/1967
Merced County Point of Interest/National Merced 6/2/1967/ Courthouse 10/29/1975
Merced County High National Merced 5/31/1984 School
Merced County Justice Point of Interest Gustine 8/25/1995 Courthouse Building Merced Masonic State Merced 11/3/2000 Temple/Welch & Griffith Merced Theatre National Merced 5/1/2009
Pacheco Pass State Landmark Los Banos 5/29/1969
San Luis Gonzaga National Los Banos 5/7/1973 Archeological District 2021-2026 Update Page 4 - 15
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Property Name Register Jurisdiction Date Listed
Snelling Community Point of Interest Snelling 6/2/1967 Recreational Hall Snellinq Courthouse State Landmark Snellinq 11/15/1948
Temporary Detention
Camps for Japanese State Landmark Merced 5/13/1980 Americans-Merced Assembly Center
Tioqa Hotel National Merced 10/3/1980
U.S. Post Office National Merced 2/10/1983
Source: California Office of Historic Preservation
Other historic sites of local importance also exist. These include several cemeteries and churches located in the larger cities and other rural areas in the county. The five additional sites designated as California Historical Landmarks include the Canal Farm Inn, Los Banos Park, Merced Assembly Center at Merced County Fairgrounds, Pacheco Pass at Romero Outlook, and Snelling Courthouse. Other notable sites include Applegate Park; one of Merced's central parks located along the Bear Creek Bikeway. The park is an excellent destination on bike or foot. It offers 32 acres of recreation with a zoo, outdoor theater, picnic tables, barbeque grills, volleyball nets, tennis/basketball courts, a skate park, rental facilities, a large playground, a rose garden and fountain, and the Kiwanas-sponsored Kiddieland amusement park.

Applegate Park is located along Bear Creek and the Bear Creek bikeway, between M and R Streets. The southern edge of the park follows 25th Street, P Street, and 26th Street.

Lists of designated historical resources change periodically, and they may not include those currently in the nomination process and not yet listed. Additionally, as defined by the National Environmental Policy Act (NEPA), any property over 50 years of age is considered a historic resource and is potentially eligible for the National Register. Thus, in the event that the property is to be altered, or has been altered, as the result of a major federal action, the property must be evaluated under the guidelines set forth by NEPA.

Structural mitigation projects are considered alterations for the purpose of this regulation.

Cultural resources defined in California Environmental Quality Act Section 15064.5 as include prehistoric and historic archeological resources; historic-period resources (buildings, structures, area, place, or objects). Archeological resources reflect past human activity extending from Native American prehistoric cultures throughout the early 20th century. The artifacts left by previous occupants may be encountered in small to large residential sites, or special use areas.

Many cultural and historical resources in the County are vulnerable to several hazards due to location and the nature of their construction. Some of these risks include earthquakes, wildfires, coastal storms, or adverse weather.

Natural Resources
Natural resources are important to include in benefit/cost analyses for future projects and may be used to leverage additional funding for mitigation projects that also contribute to community goals for protecting sensitive natural resources. Inventory and awareness of natural resource assets is vital to meeting conservation objectives. For example, protecting wetland areas provides sensitive habitat protection as well as floodwater conveyance and storage, which further enhances public safety.

The Merced National Wildlife Refuge which encompasses 10,258 acres of wetlands, native grasslands, vernal pools, and riparian areas. It was established in 1951 under the Lea Act to attract wintering waterfowl away from adjacent farmland where foraging ducks and geese were causing extensive damage 202 1-2026 Update Page 4-16
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to crops. Much of the Refuge is located in flood hazard areas and benefits the surrounding area by absorbing floodwaters and recharging aquifers.

To further understand natural resources that may be particularly vulnerable to a hazard event, as well as those that need consideration when implementing mitigation activities, it is important to identify at risk species (endangered and threatened species) in the Planning Area. The US Fish and Wildlife Service (USFW) maintains a list of federally listed threatened and endangered species for the country, which can be queried at the state or even county levels. The California Department of Fish and Wildlife also maintains species lists and accounts for threatened and endangered species. State and federal laws protect the habitat of these species through the environmental review process. Species of special concern may additionally include species that meets the State definition of threatened or endangered but has not been formally listed, experiences seriously population declines, or habitat decline, or has naturally small populations exhibiting high susceptibility to population decline (USFW 2019).

Table 4-9 summarizes Merced County's special status animal species as indicated in the Fish and Wildlife Service database, within the Environmental Conservation Online System.

Table 4-9 Threatened and Endangered Species in Merced County Group Common Name
Amphibians
California tiqer Salamander
California red-leoaed frog
Birds California condor
Conservancy fairy shrimp
Crustaceans Vernal pool fairy shrimp
Vernal pool tadpole shrimp
Fishes Delta smelt
Greene's tuctoria
Keck's Checker-mallow
Colusa qrass
Hartweq's qolden sunburst
Flowering Plants Fleshy owl 's-clover
Hoover's spurqe
Hairy Orcutt grass
San Joaquin Orcutt orass
Monarch Butterfly
Insects Valley elderberry longhorn
beetle
Giant kangaroo rat
Mammals San Joaquin kit fox
Fresno kanqaroo rat
Reptiles
Blunt-nosed leopard lizard
Giant garter snake
Source: USFW - Environmental Conservation Online Syst~m Growth and Development Trends
Population and Projected Growth
Scientific Name
Ambvstoma californiense
Rana draytonii
Gvmnoavvs californianus
Branchinecta conservatio
Branchinecta tvnchi
Lepidurus packardi
Hvpomesus transoacificus
Tuctoria qreenei
Sidalcea keckii
Neostapfia colusana
Pseudobahia bahiifolia
Castilleja campestris ssp.
succulenta
Chamaesvce hoover/
Orcutt/a pilosa
Orcutt/a inaequalis
Danaus plexioous
Desmocerus californicus dimorphus
Dipodomys ingens
Vu/pes macrotis mutica
Dipodomys nitratoides exilis
Gambelia situs
Thamnophis aiaas
Status
Threatened
Threatened
Endangered
Endanqered
Threatened
Endanqered
Threatened
Endanqered
Endanoered
Threatened
Endanoered
Threatened
Threatened
Endangered
Threatened
Candidate
Threatened
Endangered
Endanqered
Endangered
Endanqered
Threatened
Merced County is the fastest growing county in the state, and the region as a whole is projected to grow significantly through 2060 (CA 4th CC Assessment). According to the Department of Finance (DOF) the 2020 population of Merced County as a whole was 283,521 . DOF projects the total population will 202 1-2026 Update Page 4-17
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increase by 86% to 329,635 by 2030. While total households in the County is also projected to increase from 89,454 in 2020 to 97,063, people per households is project to slightly decrease from 3.43 to 3.31 person per household.

All of the incorporated communities expect Dos Palos (slight decrease -0.1) experienced an increase or no change in population between 2019 and 2020. The City of Merced is listed by the California DOF as one of the top ten cities under 300,000 with the largest numeric change ( +2,209) in population between 2019 and 2020 (88, 120).

Increases in population growth also increase exposure to severe weather-related hazards, pandemic/epidemics as well as earthquakes. This increase in growth also puts more demand on water resources and can increase vulnerability to drought.

Social Vulnerability
Social vulnerability considerations were included in the update of this plan in 2021 to identify areas across the County that might be more vulnerable to hazard impacts based on a number of factors. A social vulnerability index (SoVI) was developed by the Center for Disease Control's (CDC) Agency for Toxic Substances and Disease Registry and their Geospatial Research, Analysis & Services Program teams, as a way to portray communities' capacities to prepare for and respond to natural and man made disasters. The SoVI does so by providing insight into particularly vulnerable populations to in turn assist emergency response planners and even public health officials identify communities more likely to require additional support before, during, and after a hazardous event. The CDC's SoVI create county- and state level maps to show relative vulnerability and hence provide key socially and spatially relevant information on communities' populations, and these maps compare the SoVI based on Census Tracts. The overall social vulnerability based on the SoVI data is shown for Merced County by Census Tracts in Figure 4-5 below, based on statewide ranking. This overall index combines four main themes of vulnerability, namely:
socioeconomic status; household composition and disability; minority status and language; and housing and transportation, which in turn are comprised of subcategories for a total of 15 variables accounting for various vulnerability factors. For additional information on the CDC's SoVI, refer to their documentation and materials online at https://svi.cdc.gov/.

Based on this data, the areas with the highest level of social vulnerability in the County are in the western and southeastern portion of the County, as well as some of the incorporated jurisdictions including Merced and Los Banos.
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Figure 4-3 Overall Social Vulnerability in Merced County based on the SoVI, by Census Tracts CDC Social Vulnerability Index 2.018
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and respond to the stress ot
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Index (CDC SVI 2018)' County Map
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commun,ities, at census tract level,
within a specified county. CDC SVI
Agi:no,· fc,r To-x Substanceli and D,sease R.eg,slf\l
ANAL • FOR EXTERNAL USE
2018 groups fiftMn census-derived
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family char.:icteristics, housing.
language abilitv, ethnicity, and vehicle
access. Overall Social Vulnerability
combines all the variables to provide
a compreher1sive assessment.
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Development Trends
As noted, the County has experienced population growth in the last decade and since the last plan update. There has been an increase in housing unit development, primarily in the cities of Merced, Gustine, Livingston and the unincorporated county. This new development built to modern codes should be less vulnerable to severe weather and earthquakes. Development in flood hazard areas should be mitigated to withstand the 1 % annual chance flood; however, development in the 0.2% flood hazard zone is not regulated at this time. Although most development in the City of Merced and around the UC Merced campus has occurred in downtown Merced and in areas outside the floodplain.

Refer to Table 4-10 for comparison of housing units from the 2010 census to the ACS 5-Year estimates for 2015-2019 in the incorporated and unincorporated areas of Merced County. This comparison provides additional information on changes in development trends since the 2015 MJHMP was approved, for both the municipalities and the Census Designated Places (CDP) in the unincorporated areas.

Table 4-10 Housing Unit Development, 2010-2019
Jurisdiction 2010 2019 % Change
Merced County 83,698 85,251 2%
City of Atwater 9,771 9,577 -2%
Ballico CDP 132 182 38%
Bear Creek CDP 90 61 -32%
Cressey CDP 123 113 -8%
Delhi CDP 2,854 3,030 6%
City of Dos Palos 1,700 1,545 -9%
Dos Palos Y CDP 123 94 -24%
El Nido CDP 105 97 -8%
Franklin CDP 1,907 1,976 4%
City of Gustine 2,087 2,249 8%
Hilmar-lrwin CDP 1,841 2,001 9%
Le Grand CDP 503 554 10%
Ci tv of Livinq ston 3,320 3,699 11%
City of Los Banos 11,375 11,293 -1%
Mcswain CDP 1,409 1,590 13%
City of Merced 27,446 26,873 -2%
Planada CDP 1,207 1,338 11%
Santa Nella CDP 493 614 25%
Snellinq CDP 112 69 -38%
South Dos Palos CDP 488 629 29%
Stevinson CDP 101 154 52%
Tuttle CDP 39 48 23%
University of California Merced CDP 0 0 0%
Volta CDP 106 69 -35%
Winton CDP 3,056 3,305 8%
Source: California Dept. of Finance
The areas located in the Sphere of Influence (SOI) for each incorporated jurisdiction are areas each City plans to grow into and potentially slated for future development. Understanding the potential hazard exposure in each area can help to mitigate the impacts of events before development occurs in those areas. During this plan update process parcel analysis was conducted using the SOI areas for each incorporated jurisdiction and overlaid with available hazard risk layers to determine where future development may be at risk of natural hazard events. The results of the analysis have been integrated into 2021-2026 Update Page 4-20
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the applicable hazard sections: dam, flood, wildfire and landslide. Table 4-10 is the summary of the SOI total exposure by jurisdiction.

Table 4-11 Total Exposure Summary by Jurisdiction Sphere of Influence Areas Jurisdiction Improved Building Improved Value
Estimated
Total Value Parcel Count Count Content Value
Atwater 675 837 $150,375,296 $124,680,732 $275,056,028
Dos Palos 545 688 $53,185,264 $32,248,327 $85,433,591
Gustine 97 126 $17,005,380 $15,800,283 $32,805,663
Livinoston 60 85 $13,899,670 $12,073,468 $25,973, 138
Los Banos 194 253 $28,473,256 $23,323,506 $51,796,762
Merced 2,528 2,896 $554,502,737 $328,069,420 $882,572,157 Total 4,099 4,885 $817.441,603 $536,195,735 $1,353,637,338 • City of Dos Palos - Received approval for a grant that will fund the construction of a new Water Treatment facility. Once the new facility is completed and operational, development can begin on new residential and commercial projects.
• City of Merced - City Council voted in February of 2021 to move forward the annexation of UC Merced. This would allow for additional annexations to potentially occur and would include up to 7,800 acres of land. Currently, much of this land is rolling grass land or grazing land. Much of this property will likely be developed into commercial, retail and high-density housing to support the demands of UC Merced.
• Merced County - The HMPT noted the growth and development trends associated with UC Merced, high-speed rail and related transit-oriented growth and growth at Castle Air Force Base associated with autonomous vehicle testing.

4.2 Hazard Analysis and Risk Summary
Requirement §201.6(c)(2)(i):
{The risk assessment shall include a] description of the type, location and extent of all natural hazards that can affect the jurisdiction. The plan shall include information on previous occurrences of hazard events and on the probability of future hazard events.

4.2.1 Dam Incidents
Hazard/Problem Description
Dams are manmade structures built for a variety of uses, including flood protection, power generation, agriculture, water supply, and recreation. When dams are constructed for flood protection, they usually are engineered to withstand a flood with a computed risk of occurrence. For example, a dam may be designed to contain a flood at a location on a stream that has a certain probability of occurring in any one year. If prolonged periods of rainfall and flooding occur that exceed the design requirements, that structure may be overtopped and fail. Overtopping is the primary cause of earthen dam failure in the United States. Dam failures can also result from any one or a combination of the following causes:
• Earthquake
• Inadequate spillway capacity resulting in excess overtopping flows • Internal erosion caused by embankment or foundation leakage or piping or rodent activity • Improper design
• Improper maintenance
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• Negligent operation
• Failure of upstream dams on the same waterway
Water released by a failed dam generates tremendous energy and can cause a flood that is catastrophic to life and property. A catastrophic dam failure could challenge local response capabilities and require evacuations to save lives. Impacts to life safety will depend on the warning time and the resources available to notify and evacuate the public. Major loss of life could result as well as potentially catastrophic effects to roads, bridges, and homes. Associated water quality and health concerns could also be issues. Factors that influence the potential severity of a full or partial dam failure are the amount of water impounded; the density, type, and value of development and infrastructure located downstream; and the speed of failure.

Controlled release or spillway flooding: Spillways are designed to relieve pressure on dams and prevent dam failures. Flooding downstream often results when spillways flow, though the potential for flooding as a result of discharge from dam outlet structures can also result from excessive rain events. However, controlled releases of water from dams is a measure that can prevent or minimize spillway flooding or structure failure, by regulating capacity in a managed way. Even controlled releases can lead to unwanted or unpredicted flooding, depending on environmental and weather conditions, or even human error.

In general, there are three types of dams: concrete arch or hydraulic fill, earth-rockfill, and concrete gravity. Each type of dam has different failure characteristics. A concrete arch or hydraulic fill dam can fail almost instantaneously: the flood wave builds up rapidly to a peak then gradually declines. An earthrockfill dam fails gradually due to erosion of the breach: the downstream flood wave will build gradually to a peak and then decline until the reservoir is empty. And a concrete gravity dam can fail instantaneously or gradually with a corresponding buildup and decline of the flood wave.

Geographic Area
According to the California Department of Water Resources' Jurisdictional Dams and the National Inventory of Dams (NID) databases there are 44 dams of concern to Merced County; ten of which are in the County and 34 upstream of the County. Table 4-11 lists the high and significant hazard dams within and upstream of Merced County.

Figure 4-4 shows where the high and significant hazard dams are located, and the potential inundation areas based on the best available data at the time of this plan update. It is important to note that the inundation areas shown do not represent all dams that pose a risk; some of this information is not available in GIS or allowed for release in a public document. Virtually no urban area in the County is free from flooding in the event of dam failure. Potential impacts are greatest for Merced, Livingston and the central areas of the unincorporated Merced County.

Table 4-12 Dams of Concern Within and Upstream of Merced County Normal Emergency
Downstrea Storage Action NID CA DSOD
County Dam Name River m City Capacity Plan Hazard Hazard (Acre Feet) (EAP)? Rating Rating*
Lake Yosemite Merced 10,323 No Hioh Extremely Hiqh
Castle Canal Creek 7,510 No Hiqh Extremely Hioh
Merced Merced Falls Merced Snellinq 603 Yes Hioh Low
Burns Burns Creek Planada 6,800 Yes Hiqh -
Los Banos Creek Los Banos Los Banos 34,500 Yes High -
Detention Creek
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Normal Emergency NID CA DSOD
County Dam Name River
Downstrea Storage Action Hazard Hazard mCity Capacity Plan (Acre Feet) (EAP)? Rating Rating*
O'Neill Forebay San Luis Volta 56,430 Yes High -
Creek
B.F. Sisk Dike San Luis - Yes High -
Creek
B.F. Sisk San Luis 2,094,900 Yes High -
Creek
Mustang Creek Mustang 700 No Significant Significant
Creek
Kelsey S. Fork Dry 1,000 No Significant Significant
Alluvial Drain
Big Dry Creek 833 No High Detention
Big Dry Creek Big Dry Creek 30,200 No High & Doq Creek
Fancher
Fancher Creek Creek and 9,600 No High
Haq Creek
Fancher Creek Fancher 1,891 No High Detention Creek
Friant Dike 3 520,500 Yes Hiqh
Friant Millerton
San Joaquin Road Fresno 520,500 Yes High Fresno
Embankment A River
Griffen Reservoir Holland 900 Yes High Creek
Little Panache Little 5,580
Detention Panache Oro Loma Yes High
Creek
Pine Flat Dam Kinqs Sanqer 1,000,000 Yes Hiqh
Redbank
Redbank 1,100 No High Creek
Redbank Creek Redbank 940
Detention Basin Creek No High
Buchanan Dam
Chowchilla Chowchilla 105,000 Yes High River
Friant San Joaquin Fresno 520,500 Yes High River
Hidden Dam Fresno River Madera 90,000 Yes Hiqh
Madera Lake Fresno River 2,300 No High
Berenda Slough Berenda 2,450 No Significant Madera Slouqh Black Hawk
Coarse Gold 740 No Significant Cr
Mendota San Joaquin 3,000 No Significant Diversion River Oakhurst
Tr Fresno
Wastewater
River
110 No Significant
Treatment
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Merced County Multi-Jurisdictional Hazard Mitigation Plan Hazard Identification and Risk Assessment
Normal Emergency NID Downstrea Storage Action CA DSOD
County Dam Name River Hazard Hazard mCity Capacity Plan Rating Rating* (Acre Feet) (EAP)? Spring Long hollow 152 Yes Significant Creek
Unnamed
Upper Wilcox Tributary to 200 No Significant Picayunne
Creek
Bear Dam Bear Creek Planada 7,700 Yes High
Exchequer Dike Merced River Snelling 1,024,600 Yes Hiqh Exchequer Main Merced River Snellinq 1,024,600 Yes High Mariposa Dam Mariposa Le Grand 15,000 Yes High Mariposa Creek Mcswain Merced River Snellinq 8,255 Yes Hiah
Owens Dam Owens Creek Planada 3,600 Yes Hiqh
Stockton Creek Stockton 368 No High Creek
Stanislaus Turlock Lake Tuolumne 63,406 Yes High River
Don Pedro Dike Tuolumne La Grange 2,030,000 Yes High B River Don Pedro Main Tuolumne La Grange 2,030,000 Yes High River Tuolumne Gasburg Creek Tuolumne La Grange 1 Yes High Dike River Don Pedro Dike Tuolumne La Grange 2,030,000 Yes Significant A River Don Pedro Dike Tuolumne
La Grange 2,030,000 Yes Significant C River
Source: California Department of Water Resources Division of Safety of Dams (DSOD) and the NID • DSOD added a fourth category ("Extremely High") to the NID categories for downstream hazard potential. Extremely High is defined as expected to cause considerable loss of human life or would result in an inundation area with a population of 1,000 or more.

Analysis using inundation data and mapping associated with the O'Neil Forebay, Los Banos, and San Luis dams was not possible for the plan due to information being considered sensitive and restricted, per communication with OES and the dam owners. The following is a summary of the downstream communities that would be affected by each dam in a dam failure or incident based on information in dam emergency action plans, including depth of inundation and time to inundation. • O'Neil Forebay Dam
Santa Nella: 4-10 feet within 5 hours of failure
lngoma: 0-2 feet within 10 hours
Volta: 2-4 feet within 5 hours
• Los Banos Dam
Los Banos: 5-6 feet within 2.5 hours
Volta: 5-6 feet within 2.5 hours
Trent: 5-6 feet within 2.5 hours
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• San Luis Dam
Santa Nella: 10-20 ft within 2 hours
Volta: 10-20 ft in less than 10 hours
lngomar: 10-20 ft in less than 10 hours
Trent: 2-4 ft in 5 hours
Gustine: 2-10 ft in less than 10 hours
Stevenson: 2-10 in 15 hours
Merced County Multi-Jurisdictional Hazard Mitigation Plan Hazard Identification and Risk Assessment
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Figure 4-4 Dams of Concern to Merced County and Best Available Inundation Mapping Dams (Hazard Class)
A High
Significant
Dam Inundation Layers
Don Pedro
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Lake Yosemite
Mcswain
Lakes
Urban Communities
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