LOsBanos
www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
OCTOBER 19, 2022 - 6:00 PM
Live stream on YouTube at:
https://www.youtube.com/channel/UC3sy5 slYr3447mZsrql5Tg r·························· ·················· .......................................................................................................................................................................................................................... .
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.
* * * * * * * ** * * * * * * *
Cualquier escritura o /os documentos proporcionaron a una mayorfa def Ayuntamiento respecto a cualquier artfculo 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 norma/es. Ademas, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org.
1. CALL TO ORDER - October 19, 2022 6:00 PM
2. PLEDGE OF ALLEGIANCE.
3. ROLL CALL: (City Council Members)
Jones __ , Lambert __ , Lewis __ , Llamas __
4. CONSIDERATION OF APPROVAL OF AGENDA.
Los Banos City Council Agenda - October 19, 2022 Page 1 ofS 1 5. PRESENTATIONS.
A. Proclamation - Recognizing the Retirement of City of Los Banos Public Safety Dispatcher Myriam Flores.
B. Certificate of Recognition - Abel Parsad, IT Technician, City of Los Banos Employee of the Month for September 2022.
6. 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 items. Speakers are limited to a five (5) minute presentation. Detailed guidelines are posted on the Council Chamber informational table.)
7. 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 #235288 - #235576 in the Amount of $1,947,188.11 .
Recommendation: Approve the check register as submitted.
B. City Council Resolution No. 6565 - 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.
C. City Council Resolution No. 6566 - Approving and Accepting Parcel Map No. 2021-02 for The Minor Subdivision of Approximate 15.36 Acre Parcel into Four (4) Parcels within the Highway Commercial Zoning District Located at the Northeast Corner of Ward Road and Pacheco Boulevard Along with the Dedications of Five (5) Public Utility Easements Located Along All Road Frontages of the Parcel Map, APN 084-020-032.
Recommendation: Adopt the resolution as submitted.
D. City Council Resolution No. 6567 - Approving the Acceptance of the Bureau of Justice Assistance FY 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) in the Amount of $12,959 and Amending the 2022-2023 Fiscal Year Budget by Increasing the Appropriation Amount of the JAG Edward Byrne Grant Fund Account for Expenditures and Revenues in the Amount of $12,959.
Recommendation: Adopt the resolution as submitted.
E. City Council Resolution No. 6568 - Authorizing Award of Construction Contract to Marvulli, Inc. in the Amount of $518,382.04 with a 10% Contingency in the Amount of $51,838 for the Construction of the Ag Sports Complex Restroom/Concession Building Project and Adopting a Revised Los Banos City Council Agenda - October 19, 2022 Page 2of 5 2 Budget for the Fiscal Year 2022-23 as it Pertains to the Los Banos Park Fund.
Recommendation: Adopt the resolution as submitted.
8. 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 an Amendment to the City of Los Banos Building Code Ordinance by Adoption by Reference the California Building Code 2022 Edition and Related 2022 Edition Codes.
1) Ordinance No. 1199 - Adopting by Reference the Building Code, the 2022 Edition of the California Building Code, the 2022 Edition of the California Energy Code, the 2022 Edition of the California Historical Building Code, the 2022 Edition of the California Referenced Standards Code, the 2022 Edition of the California Electrical Code, the 2022 Edition of the California Mechanical Code, the 2022 Edition of the California Administrative Code, the 2022 Edition of the California Existing Building Code, the 2022 Edition of the California Green Building Standards Code, the 2022 Edition of the California Residential Code, and the 2022 Edition of the California Plumbing Code by Amendment to Title 8 Chapter 1 of the Los Banos Municipal Code. (Second Reading & Adoption) 2) Ordinance No. 1200 - Adopting by Reference the 2022 Edition of the California Fire Code by Amendment to Title 4 Chapter 3 of the Los Banos Municipal code and Adoption of Local Amendments Thereto. (Second Reading & Adoption)
Recommendation: Receive staff report, open public hearing, receive public comment, close the public hearing, and adopt ordinances as submitted.
8 . Public Hearing - To Receive Public Comment and Consideration of Adoption of Certification of the Final Environmental Impact Report (EIR), Adoption of Mitigation Monitoring and Statement of Overriding Consideration, Adoption of the General Plan 2042, and Adoption of the Annexation Ordinance. 1) City Council Resolution No. 6569 - Approving and Certifying the Final EIR and Approving the Los Banos General Plan 2042.
2) Ordinance No. 1201 - Adopting an Annexation Ordinance and Related Amendments to Title 9, Chapter 3, of the Los Banos Municipal Code. (First Reading & Introduction)
Recommendation: Receive staff report, open public hearing, receive public comment, adopt the resolution, and introduce the ordinance as submitted.
Los Banos City Council Agenda - October 19, 2022 Page 3 of 5 3 C. Public Hearing - To Receive Public Comment and Consideration of the Proposed Permanent Local Housing Allocation (PLHA) Application in Response to a Notice of Funding Availability (NOFA) Dated August 17, 2022. 1) City Council Resolution No. 6570 - Authorizing the Application and Adopting the PLHA Plan for the Permanent Local Housing Allocation Program.
Recommendation: Receive staff report, open public hearing, receive public comment, close the public hearing, and adopt the resolution as submitted.
D. Public Hearing - To Receive Public Comment · and Consideration of Acceptance of the Development Impact Fee Report for Fiscal Years 2017- 2021 in Accordance with Assembly Bill (AB) 1600.
Recommendation: Receive staff report, open public hearing, receive public comment, close the public hearing, and accept the report as submitted.
9. ANNUAL PRESENTATION BY MID-VALLEY DISPOSAL, LLC.
Recommendation: Informational item only, no action to be taken.
10. POTENTIAL MEMORANDUM OF UNDERSTANDING REGARDING LOCAL WATER ISSUES.
Recommendation: Receive staff report and direction from the City Council on how to proceed. 11 . ADVISEMENT OF PUBLIC NOTICES. (One Report)
Recommendation: Informational item only, no action to be taken.
12. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken.
13. 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.
14. CITY COUNCIL MEMBER REPORTS.
A. Refugio Llamas
B. Brett Jones
C. Deborah Lewis
D. Kenneth Lambert
Los Banos City Council Agenda - October 19, 2022 Page 4 ofS 4 15. CLOSED SESSION.
A. Public Employee Release (CalPERS Industrial Disability Retirement) Pursuant to Government Code Section 54957.
B. Conference with Labor Negotiators, Pursuant to Government Code Section 54957.6, Agency Designated Representatives: Interim City Manager Wellman, City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, Interim Finance Director Kuhn, Legal Counsel Tuffo; Employee Organizations: Los Banos Police Officers Association (LBPOA), Los Banos Police Sergeants Association (LBPSA), Los Banos Fire Fighters Association (LBFFA), Los Banos Police Dispatchers/Community Services Officers Association (LBPDCSOA), Los Banos Public Employees Union (Public Works) Local 1/AFSCME and Unrepresented Miscellaneous Employees.
C. Conference with Legal Counsel - Anticipated Litigation, Significant Exposure to Litigation Pursuant to§ 54956.9(b): (One Potential case).
16. ADJOURNMENT.
I
~~
hereby certify under penalty of perjury under the laws of the State of California that the foregoing Hall bulletin board not less than 72 hours prior to the meeting.
Sara Blevins, Assistant City Clerk Dated this 14th day of October 2022 Los Banos City Council Agenda - October 19, 2022 Page 5 of5 5 THIS PAGE IS INTENTIONALLY LEFT BLANK
6 LOsBanos
PROCLAMATION
RECOGNIZING THE RETIREMENT OF
CITY OF LOS BANOS
PUBLIC SAFETY DISPATCHER MYRIAM FLORES
WHEREAS, Myriam Flores was hired as a Public Safety Dispatcher by the City of Los Banos on February 6, 2002i and
WHEREAS, Myriam Flores has contributed tremendously throughout her career to the community of Los Banos with her knowledge and commitment to her job; and WHEREAS, Myriam Flores retired from the City of Los Banos as a Public Safety Dispatcher on October 16, 2022 with 20 years of service as a City employee.
NOW, THEREFORE, BE IT PROCLAIMED that the Mayor Pro Tem and City Council Members of the City of Los Banos do hereby commend Myriam Flores on her dedication and loyalty to the City of Los Banos and congratulate her on her retirement.
BE IT FURTHER. PROCLAIMED that this proclamation was presented to Myriam Flores at the City Council Meeting held on October 19, 2022 ..
In witness whereof,. I have hereunto set my hand
and caused to be affixed the seal of the City of Los
Banos,. this 19th day a/October 2022.
APPROVED:
Kenneth Lambert, Mayor Pro Tem
ATTEST:
Lucille L. Mallonee, City Clerk
7 THIS PAGE IS INTENTIONALLY LEFT BLANK
8 CERTIFICATE OF RECOGNITION
(Presentea rro
ABELPARSAD
IT Technician - Finance Department
In recognition of your outstandtng peiformance
ana aedtcatea service to tfie City of Los <Banos ana
for 6eing namea "<Empfoyee of tfie ::Montfi "for Septem6er 2022. 1(ennetn Lam6ert, 'M.ayor <Pro <Tem
(J)ated: Octo6er 19, 2022
LOsBanos
At the Cmssroalls of California
9 THIS PAGE IS INTENTIONALLY LEFT BLANK
10 CK# 235288 - # 235576 10/19/2022 $1,947,188.11
Checks by Date
User: jcanchola LOs Banos
Printed: l 0/12/2022 - 9:28AM At ,lu· Crossroads of Cali{t>rniu Cleared and Not Cleared Checks
Print Void Checks
Check Check Date Name Module Void Amount
235289 9/30/2022 Abbott & Kindermann, Inc. AP 3,641.97
235290 9/30/2022 Kasey Alim AP 202.50
235291 9/30/2022 Rebecca Allen AP 162.50
235292 9/30/2022 Anthony Gomes AP 2,049.47
235293 9/30/2022 Apex Annex Health Center, Inc. AP Void 1,175.00 235294 9/30/2022 Aramark Uniform Ser Inc AP 2,012.37
235295 9/30/2022 Airgas, Inc. AP 253.61
235296 9/30/2022 Ascent Aviation Group, Inc. AP 26,820.64 235297 9/30/2022 AT&T AP 522.09
235298 9/30/2022 Alejandro Arroyo AP 450.00
235299 9/30/2022 Dorothy June Baker AP 32.07
235300 9/30/2022 Boot Barn AP 190.00
235301 9/30/2022 Bruce's Tire Inc AP 2,352.12
235302 9/30/2022 BSK Associates AP 1,413.00
235303 9/30/2022 Cal Traffic AP 2,503.46
235304 9/30/2022 Capital One AP 649.02
235305 9/30/2022 CDTFA California Dept. of Tax & Fee AP 806.00 235306 9/30/2022 CENCAL Machine & Fabrication Inc. AP 767.05 235307 9/30/2022 Manuel A Avila AP 201.87
235308 9/30/2022 Central Sanitary Supply AP 228.46
235309 9/30/2022 Clark Pest Control Inc AP 100.00
235310 9/30/2022 Comcast AP 468.32
235311 9/30/2022 Cook's Communications Corp. AP 1,836.28 235312 9/30/2022 Copy Shipping Solutions AP 588.91
235313 9/30/2022 CPS AP 522.75
235314 9/30/2022 Dave Bang Associates, Inc. Of California AP 2,043.56 235315 9/30/2022 Dispensing Technology Corporation AP 6,294.10 235316 9/30/2022 Dos Palos Publishing Company AP 52.00
235317 9/30/2022 Electro-Mech Scoreboard Co AP 11,800.00 235318 9/30/2022 ES West Coast, LLC AP 1,059.57
235319 9/30/2022 Federal Express Corporation AP Void 10.12 235320 9/30/2022 Gouveia Engineering Inc. AP 83,258.55
235321 9/30/2022 Hach Company AP 105.63
235322 9/30/2022 Jason Kirschman AP 190.00
235323 9/30/2022 Marfab Inc AP 711.82
235324 9/30/2022 Merced Truck & Trailer Inc AP 688.25
235325 9/30/2022 North Central Laboratories AP 625.77
235326 9/30/2022 The Office City AP 45.76
235327 9/30/2022 OSE AP 99.99
235328 9/30/2022 O'Reilly Auto Parts AP 872.04
235329 9/30/2022 PG&E Company AP 21.86
235330 9/30/2022 Pace Supply Corp. AP 3,377.65
235331 9/30/2022 Pevo Sports Co. AP 1,930.00
235332 9/30/2022 P F Pettibone & Co AP 548.35
235333 9/30/2022 Pinnacle Medical Group, Inc. AP 173.00 11 235334
9/30/2022 Provost and Pritchard Engineering, Inc. AP
1,459.80
235335 9/30
/2022 Razzari Ford AP 70.86
235336 9/30/2022 Ronny's Inc. AP 13,375.00
235337
9/30/2022 Santos Ford Inc. AP 215.21
235338 9/30/2022 Save Mart Supermarkets AP 20.99
235339
9/30/2022 Sherwin Williams Co AP 848.32
235340 9/30/2022 Sorensens True Value AP 1,274.34
235341
9/30/2022 USA Blue Book AP 2,037.84
235342 9/30
/2022 Judy Schulke AP 95.09
235343 9/30/2022 Court of Fountains, LLC AP 7.22
235344
9/30
/2022 Harnam Bhullar AP 90.00
235345 9/30/2022 Borelli Real Estate AP 100.00
235346
9/30
/2022 Ethan Conrad Properties AP 61.74
235347 9/30/2022 D.R. Horton AP 37.99
235348
9/30/2022
D.R. Horton AP 37.99
235349
9/30/2022 D.R. Horton AP 37.99
235350 9/30/2022 D.R. Horton AP 37.99
235351
9/30/2022 D.R. Horton AP 37.99
235352 9/30/2022 D.R. Horton AP 37.99
235353
9/30
/2022
D.R. Horton AP 37.99
235354 9/30
/2022 D.R. Horton AP 37.99
235355
9/30/2022 D.R. Horton AP 37.99
235356
9/30
/2022
D.R. Horton AP 37.99
235357 9/30/2022 Nichole Almanza AP 28.04
235358
9/30/2022 RBG Construction AP 22.99
235359 9/30/2022 RBG Construction AP 23.72
235360
9/30
/2022 RBG Construction AP 42.94
235361 9/30
/2022 RBG Construction AP 23.72
235362
9/30/2022 Meritage Homes AP 60.98
235363
9/30
/2022 Meritage Homes AP 60.98
235364 9/30/2022 Meritage Homes AP 60.98
235365
9/30/2022 Meritage Homes AP 60.98
235366 9/30/2022 Meritage Homes AP 60.98
235367
9/30/2022 Meritage Homes AP 60
.98
235368
9/30
/2022 2240 E Pacheco TIC AP 196.34
235369 9/30/2022 Helen Mello AP 100.00
235370
9/30
/2022 RBG Construction AP 199.37
235371 9/30/2022 MHP Builders Inc AP 185.77
235372
9/30/2022 MHP Builders Inc AP 185
.77
235373 9/30/2022 Vu&MaeLe AP I 14.95
235374 9/30/2022 VCA Animal Ho
spitals, Inc. AP 174
.30
235375
9/30
/2022 Windecker Inc AP 4,372.38
235376 9/30/2022 Young's Air Conditioning AP 478.00
235377 9/30
/2022 Youth Evolution Activites AP
2,661.75
235378 9/30/2022 Sara Blevins AP 217.38
235379
9/30/2022 Sara Blevins AP 367.50
235380 9/30/2022 City of Livingston AP 120.00
235381
9/30/2022 City of Los Banos Utility AP 55
,262.85
235382
9/30
/2022 Deborah Lewis AP 143.26
235383 9/30/2022 Deborah Lewis AP 227.28
235384 9/30
/2022 Lucille L Mallonee AP 94.38
235385 9/30/2022 Miguel A Morales AP 3,050.00
235386 9/30
/2022 Gerald "Obie" O'Brien AP 77.14
235387 9/30/2022 PG&E Company AP
3,587.20
12 235388
9/30
/2022 Premier Access Insurance Co. AP 20
,577.73
235389
9/30
/2022 S.K. Nelson & Company AP 3,075.98
235390
9/30
/2022 State Water Resources Control Board AP 90.00
235391
9/30/2022 Stericycle, Inc. AP 325.09
235392
9/30
/2022 Sun Life Financial AP 6,952
.53
235393
9/30/2022 Swinerton Builders AP 833,924.51
235394
9/30/2022 Law Offices of William A Vaughn AP 12,600
.00
235395
9/30/2022 Law Offices of William A Vaughn AP 900.00
235396
9/30/2022 Robert Wiens AP 1,725
.00
235408 10
/5/2022 Western Valley Insurance AP 71,539.40
235409 I 0
/5/2022 Aflac
-Customer Service AP 295
.13
235410 10
/5/2022 AFSCME District Council 57 AP 1,397.97
235411 10
/5/2022 Los Banos Police Assn AP 245.00
235412 10
/5/2022 Los Banos Police Assn AP 910
.00
235413 10
/5/2022 MassMutual AP 1,329.67
235414 10/5/2022 MassMutual AP 1,740
.00
235415 10
/5/2022 Nationwide Retirement Solutions AP 4,220.00
235416 10
/5/2022 Professional Fire Fighter AP 825
.00
235417 10
/5/2022 State Disbursement Unit AP 937.50
235418 10
/5/2022 Vantagepont Transfer Agents
- 306797 AP 415.15
235419 10
/5/2022 Vantagepoint Transfer Agents
- 801 83 8 AP 7,275.00
235420 10/7/2022 Alhambra AP 287
.32
235421 10/7/2022 Gregory Almeida AP 151.50
235422 10/7
/2022 Anderson Pump Company Inc AP 1,410.23
235423 10/7/2022 Animal Damage Management, Inc. AP 4,325.00 235424 10/7/2022 Apex Annex Health Center, Inc. AP 975
.00
235425 10/7/2022 Aramark Uniform Ser Inc AP 334.64
235426 10/7/2022 AramarkUniform & Career Apparel Group, Inc. AP 425.28 235427 10/7/2022 AT&T Mobility AP
4,593.16
235428 10/7
/2022 AT&T AP 371.20
235429 10/7/2022 AT&T AP 221.50
235430 10/7/2022 Battery Systems, Inc. AP 653
.15
235431 10/7/2022 Barton Overhead Door Inc AP 289.47
235432 10/7/2022 Best Rubber Mulch LLC AP 4,663.60
235433 10/7/2022 BJ's Consumers Choice AP 137
.00
235434 10/7/2022 Boot Barn AP 1,061.70
235435 10/7/2022 Borelli Real Estate Service, Inc. AP 90 .00
235436 10/7/2022 Bruce's Tire Inc AP 361.96
235437 10/7/2022 BSK Associates AP 485
.00
235438 10/7/2022 CNA Surety AP 615.00
235439 10/7/2022 Manuel A Avila AP 468.34
235440 10/7/2022 Central Valley Concrete Inc. AP
2,511.77
235441 10/7/2022 Comcast AP 8.03
235442 10/7/2022 Copy Shipping Solutions AP 167.45
235443 10/7/2022 LN Curtis & Sons AP 3,360
.00
235444 10/7/2022 Justin M Desrochers AP 280
.00
235445 10/7/2022 Dos Palos Publishing Company AP 287
.00
235446 10/7/2022 Edges Electrical Group, LLC AP 418
.52
235447 10/7/2022 Employee Relations, Inc. AP 50
.00
235448 10/7/2022 The ABY MFG Group. Inc. AP 412
.59
235449 10/7/2022 Farmer Brothers Coffee AP 184.92
235450 10/7/2022 Federal Express Corpor
ation AP 53
.64
235451 10/7/2022 Fresno Truck Center AP 386.26
235452 10/7
/2022 Gallagher Benefit Services, Inc. AP 6,250
.00
13 235453 10/7/2022 Garton Tractor Inc AP
4,564.11
235454 10/7/2022 Halcyon Creek Inc. AP 442
.00
235455 10/7/2022 Henley Pacific, LLC AP 188.24
235456 10/7/2022 Holt of California AP 212.71
235457 10/7/2022 Jerry Witt AP 2,389
.00
235458 10/7/2022 Kalmikov Enterprises, Inc AP 347.47
235459 10/7
/2022 Kimball Midwe
st AP 1,202
.61
235460 10/7/2022 Brent Kuhn AP 24
,013.69
235461 10/7/2022 Lucas Business Systems AP 1,222.40
235462 10/7/2022 Marfablnc AP 104.62
235463 10/7/2022 Oscar Daniel Figueroa Martinez AP 500
.00
235464 10/7/2022 Merced County Auditor Controller AP 567 .50
235465 10/7
/2022 Merced County Associ
ation of Governments AP 21,684
.00
235466 10/7/2022 Merced County
Tax Collector AP 34
,051.18
235467 10/7/2022 Merced MRI Medical Group AP 65
.00
235468 10/7/2022 Mid-Valley Disposal LLC AP 259
,253.62
235469 10/7/2022 Monterey Auto Services Inc. AP 1,019.04 235470 10/7/2022 NDN International LLC AP 4,740.88
235471 10/7/2022 The Office City AP 195.06
235472 10/7/2022 OSE AP 58.75
235473 10/7/2022 O'Reilly Auto Parts AP 1,176.91
235474 10/7/2022 PG&E Company AP 233
,372.88
235475 10/7/2022 PAPE Machinery Inc. AP 423
.54
235476 10/7
/2022 Premier Training Services, LLC AP 211.50
235477 10/7/2022 Provost and Pritchard Engineering, Inc. AP 7,387.50
235478 10/7/2022 Protech Security & Electronics, Inc. AP 330.00 235479 10/7/2022 Razzari Ford AP 132
.75
235480 10/7/2022 Jose Recillas AP 650
.00
235481 10/7/2022 James Ruiz AP 600.00
235482 10/7/2022 SJVAPCD AP 143.00
235483 10/7/2022 Safety-Kleen Systems, Inc. AP
1,701.00
235484 10/7/2022 Save Mart Supermarkets AP 385.49
235485 10/7/2022 Sheiwin Williams Co AP
1,303.96
235486 10/7/2022 Sorensens True Value AP 1,147
.68
235487 10/7/2022 Superior Pool Products, LLC AP
6,428.31
235488 10/7/2022 Serena Schmidt AP 600
.00
235489 10/7/2022 Paul Senense AP 600
.00
235490 10/7/2022 Terryberry Company LLC AP 460
.39
235491 10/7
/2022 The Don Chapin Co., Inc. AP 1,017.66
235492 10/7/2022 Thirkettle Corporation AP 7,438
.60
235493 10/7/2022 USA Blue Book AP 207
.77
235494 10/7/2022 Leonard Or Victoria Serrato AP 100
.00
235495 10/7/2022 Rosalia Rodrigu
ez AP 100
.00
235496 10/7/2022 Albert Romero AP 200.00
235497 10/7/2022 David Martinez AP 100.00
235498 10/7/2022 Angel Sevilla Cruz AP 28.29
235499 10/7/2022 Laureano and Y
azmin Vargas Lopez AP 100
.00
235500 10/7/2022 Darlene Califro AP 80
.82
235501 10/7/2022 Edwin Antunez Nunez AP 101.87
235502 10/7/2022 Sonia Vasquez AP 80
.82
235503 10/7/2022 Carina Navarro-Garcia AP 101.87
235504 10/7/2022 Vera Pavone AP 125
.59
235505 10/7/2022 Sandra Gill AP 93
.63
235506 10/7/2022 Miguel Zenteno Mena AP 101.87
14 235507 10/7/2022 Alicia Henderson AP 101.87
235508 10/7/2022 Jeffrey & Alisha De La Cruz AP 200.00
235509 10/7
/2022 Eric Gallichio AP 46
.05
235510 10/7/2022 Nancy Navarro AP 200.00
235511 10/7/2022 Jason Welch AP 101.87
235512 10/7/2022 Gustavo Gomez AP 200.00
235513 10/7
/2022 Tina Landau AP 200.00
235514 10/7/2022 Giona Boffa AP 101.87
235515 10/7/2022 Maria Lozano AP 101.87
235516 10/7/2022 Eleuterio & Gloria Pacheco AP 101.87
235517 10/7/2022 Luis Saucedo AP 93
.63
235518 10/7
/2022 Manuel Rojas AP 200.00
235519 10/7/2022 Amanda Rangel AP 78.99
235520 10/7/2022 Christopher Maxey AP 101.87
235521 10/7/2022 Angel Camarillo AP 82.65
235522 10/7/2022 Roxanne Lorenzana AP 101.87
235523 10/7/2022 Elza Bettencourt AP 99.12
235524 10/7/2022 Robert Silveira AP 101.87
235525 10/7/2022 Brian Halloran AP 95.46
235526 10/7/2022 Margarito Rodriguez AP 100
.95
235527 10/7/2022 Kunthea Twomey AP 200.00
235528 10/7/2022 Tuan Trinh AP 101.87
235529 10/7/2022 Luis & Andrea Ayala AP 101.87
235530 10/7/2022 Jaime Hernandez AP 200
.00
235531 10/7/2022 Julio Calderon AP 200.00
235532 10/7/2022 Jose Chavez AP 200
.00
235533 10/7/2022 Glendi Herrera AP 200.00
235534 10/7/2022 Celia & Melinda Marta AP 101.87
235535 10/7
/2022 Pamela Analla AP 200.00
235536 10/7/2022 Martha De Harris AP 88.14
235537 10/7/2022 Yanet Loeza Vinalay AP 101.87
235538 10/7/2022 Charles Milani AP 200.00
235539 10/7/2022 Ramiro Gomez-Cruz AP 73
.50
235540 10/7
/2022 Khrystyna Parreira AP 101.87
235541 10/7/2022 Scott Leal AP 78.99
235542 10/7/2022 Edson Salgado Rojas AP 88.80
235543 10/7
/2022 Eric Rendon AP 10.29
235544 10/7/2022 Alfredo Corral AP 101.10
235545 10/7/2022 Javier R & Lourdes Ramirez AP 50.93
235546 10/7/2022 RBG Construction AP 146.34
235547 10/7/2022 Century Communities AP 131.23
235548 10/7/2022 Antonia Arreola AP 92
.33
235549 10/7/2022 Consuelo Contreras AP 77.69
235550 10/7/2022 Meritage Homes AP 166
.00
235551 10/7/2022 Milton Manue & Gabriela Silveira AP 105.14 235552 10/7/2022 Noemi Reyes Cuevas AP 8.42
235553 10/7/2022 Maria Bello AP 72.42
235554 10/7/2022 Dimodel Garza AP 60.52
235555 10/7/2022 Jose Trindade AP 144
.38
235556 10/7/2022 Branden Nguyen AP 108.42
235557 10/7/2022 Higinio Lozano AP 59.35
235558 10/7/2022 Amandeep Kaur AP 114.95
235559 10/7/2022 Jaqueline Raya Lara AP 59
.35
235560 10/7/2022 Glendy Cruz Beraun AP 108.42
15 235561 10/7/2022 Kim & Kathy Tram AP 59.35
235562 10/7/2022 Ericka Salazar AP 69.16
235563 10/7/2022 Blanca Gonzalez AP 56.31
235564 10/7/2022 Westhill Real Estate, Tony AP 101.87
235565 10/7/2022 Century Communities AP 131.10
235566 10/7/2022 Century Communities AP 131.23
235567 10/7/2022 JinrongLi AP 5.09
235568 10/7/2022 VCA Animal Hospitals, Inc. AP 200.00
235569 10/7/2022 VFW & American Legion AP 1,256.00
235570 10/7/2022 Windecker Inc AP 32,724.53
235571 10/7/2022 Young's Air Conditioning AP 4,452.88
235572 10/7/2022 Hector Castillo AP 1,708.00
235573 10/7/2022 Govemmentjobs.com, Inc. AP 457.80
235574 10/7/2022 Miguel A Morales AP 3,050.00
235575 10/7/2022 State Water Resources Control Board AP 65.00 235576 10/7/2022 Law Offices of William A Vaughn AP 8,788.75 Break in check sequence due to the following: Total Void Check Count: 2 Check# 235288 (Payroll) Total Void Check Amount: 1,185.12 Check# 235397 - # 235407 (Payroll) Total Valid Check Count: 275 Total Valid Check Amount: 1,946,002.99
Total Check Count: 277
Total Check Amount: 1,947,188.11
16 LOsBanos
1 t tltt rossro,uls OJ cali{or11ia
Agenda Staff Report
TO: City Council
FROM: William A Vaughn, City Attorney
DATE: October 19, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Remote Teleconferencing - Per AB 361
RECOMMENDATION
Approve Resolution No. ___ to allow for in person, virtual, and hybrid public meetings.
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 OFAB 361
BACKGROUND
On June 1, 2022 staff brought forward a resolution for City Council consideration concerning reauthorizing remote teleconference meetings pursuant to AB361 . At that meeting the city council approved Resolution No. 6494 to allow for flexibility to meet in person or virtually in response to COVID 19 changing conditions. Pursuant to AB361 the Resolution must be considered by the city council and the required findings must be made every thirty (30) days thereafter or it will expire. 17 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 provides that it will sunset on January 1, 2024.
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.
Virtual meetings are currently allowed under AB 361 because state and local officials are continuing to recommend measures to promote social distancing. In the case of the pandemic, the requisite standards for holding virtual meetings are low. The City Council would only have to find that any state or local official is recommending measures to promote social distancing. Under the plain language of the statute, there does not have to be an order requiring social distancing, and the recommendation only needs to come from a state or local official. Nothing in the bill requires that the recommendation be a formal recommendation of a local health officer or in any sort of formal guideline.
The proposed resolution provides the City Council with the flexibility to allow its commissions and committees to host virtual meetings, while still maintain the City Council's jurisdiction to require in-person meetings as warranted.
AB 361 allows the use of fully virtual meetings under the foregoing conditions, but it does not prohibit hybrid meetings. By adopting the proposed resolution, and continuing to renew it as conditions warrant, the City Council and any subordinate boards are not precluded from holding meetings that have some traditional components and some virtual or telephonic components. The City Council (and other City boards) may hold meetings where some members join in the Council Chambers and some members join virtually. The City Council may also continue to allow both live and virtual 18 public comments, together with reduced capacity in the Chambers as conditions warrant. For any hybrid meetings, AB 361 requires that members of the public be able to make live public comments directly to the Council or other board using telephonic or electronic means and that the agenda identify the means for making public comments.
As noted above, by adopting the proposed Resolution, the City Council is not prohibited from conducting in-person meetings. The Resolution is intended to provide the option to utilize the AB 361 procedures in lieu of the Brown Act's standard teleconferencing requirements. At future City Council meetings, a consent calendar item will be placed on each agenda to reconsider and potentially renew the Resolution.
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.
Brent Kuhn,
Interim Finance Director
19 THIS PAGE IS INTENTIONALLY LEFT BLANK
20 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 exist in the City of Los Banos; and 21 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:
22 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. This Resolution does not prevent or prohibit the City Council or any commission, committee or other Brown Act body of the City from holding hybrid meetings (containing both virtual and in-person components) or from meeting in-person, provided such meetings comply with AB 361 and with all state and local health orders. Commissions, committees and other Brown Act bodies shall comply with all rules established by the City Council and/or City Manager for attendance at meetings.
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 19th day of October 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:
ATTEST:
Lucille L. Mallonee, City Clerk
23 THIS PAGE IS INTENTIONALLY LEFT BLANK
24 TO:
FROM:
DATE:
LOsBanos
At tl,e C,nssroa,ls of Calijc>ntia
Agenda Staff Report
Mayor Pro T em & City Council Members
Soknirorn Than, P.E., Public Works Director/City Eng in~ / L October 19, 2022
SUBJECT: Parcel Map No. 2021-02 Pacheco Development
TYPE OF REPORT: Consent Item
SUBJECT: Accepting Parcel Map No. 2021-02 along with the dedication of five (5) 1 O' public utility easements located at the Northeast corner of Ward Rd. and Pacheco Blvd., more specifically located at Assessor's Parcel Number 084-020-032.
Recommendation:
Staff requests that the City Council of the City of Los Banos adopts the Resolution accepting Parcel Map 2021-02 along with the dedication of five (5) 1 O' public utility easements along all road frontages.
Background:
The Tentative Parcel Map No. 2021-02 and Site Plan was approved by the City of Los Banos Planning Commission on March 9, 2022 by Resolution No. 2022-02. In June of 2022, the Public Works staff was contacted by the owner, Jerry Bearden, who submitted an application for a Parcel Map approval. Site Plans and Parcel Map were both approved by the City's Consulting Professionals in September of 2022.
Discussion:
The subject is generally located at the Northeast corner of Ward Rd. and Pacheco Blvd., more specifically located at Assessor's Parcel Number 084-020-032. The map consists of 4 parcels totaling 15.36±. acres. This map also includes a dedication to the City of Los Banos of five (5) 10' public utility easements along all road frontages. This Parcel Map is in substantial compliance with Tentative Subdivision Map No. 2021-02. 25 Fiscal Impact:
None.
Attachments:
Resolution
Exhibit A, Legal Description
Exhibit B Parcel Map
Exhibit C Site Map
Please be sure to include the following items
26 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING AND
ACCEPTING PARCEL MAP NO. 2021-02 FOR
THE MINOR SUBDIVISION OF APPROXIMATE
15.36 ACRE PARCEL INTO FOUR PARCELS
WITHIN THE HIGHWAY COMMERCIAL ZONING
DISTRICT LOCATED AT THE NORTHEAST
CORNER OF WARD RD AND PACHECO BLVD.
ALONG WITH THE DEDICATIONS OF FIVE (5)
PUBLIC UTILITY EASEMENTS LOCATED
ALONG ALL ROAD FRONTAGES OF THE
PARCEL MAP.
WHEREAS, there has been submitted to the City Council of the City of Los Banos Parcel Map No. 2021-02 which is a map of 15.36± acres that will be split into 4 separate parcels within the Highway Commercial Zoning District; ASSESSOR'S PARCEL NUMBER: 084-020-032 and
WHEREAS, the Parcel Map 2021-02 along with five (5) public utility easements, as presented has been reviewed and approved by a Consulting Professional Land Surveyor for the City of Los Banos; and
WHEREAS, the City Engineer has approved said parcel map, and all plan check fees have been paid in full. The City has received all necessary financial security, and the referenced parcel map has been to the City Council of the City of Los Banos for approval.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos that it does hereby approve and accept Parcel Map No. 2021-02 for the real property shown in "Exhibit A" and authorize recording based upon the following findings:
1 . That this Parcel Map is in substantial compliance with City Zoning Ordinances; and
2. That all required processing and plan check fees have been paid; and
3. That all bonds outstanding to Merced County will be deposited prior to recordation of said map.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of October 2022, by Council Member __ _ 27 who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Kenneth Lambert, Mayor Pro Tern
ATTEST:
Lucille L. Mallonee, City Clerk
28 Exhibit A
LEGAL DESCRIPTION
Order Number: 1015-6596540
Page Number: 7
Real property in the City of Los Banos, County of Merced, State of califomia, described as follows:
ALL THAT CERTAIN REAL PROPERTY SITUATE IN A PORTION OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 11 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF LOS BANOS, COUNTY OF MERCED, STATE OF CALIFORNIA, MORE PARTICULARLY AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 1, AS SHOWN ON MAP OF "TRACT NO. 2001- 07, THE MEADOWLANDS, UNIT 2, PHASE 1", FILED IN BOOK 55 OF OFFICIAL PLATS, AT PAGES 8-11, INCLUSIVE, MERCED COUNTY RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAN LUIS STREET AS SHOWN ON SAID MAP, NORTH 56° 00' 04" WEST 86.11 FEET; THENCE WESTERLY, CONTINUING
ALONG SAID SOUTHERLY LINE OF SAN LUIS STREET, ALONG A TANGENT CURVE AS SHOWN ON MAP OF ''TRACT NO. 98-01, THE MEADOWLANDS, UNIT 1, PHASE 1" FILED IN BOOK 49 OF OFFICIAL PLATS, AT PAGES 34-46, INCLUSIVE, MERCED COUNTY RECORDS, SAID CURVE BEING CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 458.00 FEET, THROUGH A CENTRAL ANGLE OF 33° 09' 35", AN ARC DISTANCE OF 265.07 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE OF SAN LUIS STREET, ALONG A TANGENT LINE, NORTH 89° 09' 39" WEST 205.01 FEET; THENCE SOUTH 45° 50' 21" WEST 48.08 FEET; THENCE PARALLEL WITH AND 82.00 FEET EASTERLY FROM SAID WEST LINE OF SECTION 18, SOUTH 0° 50' 21" WEST 1097.87 FEET; THENCE SOUTH 0° 16' 04" EAST 258.80 FEET; THENCE PARALLEL AND 87.00 FEET EASTERLY FROM THE WEST LINE OF SAID SECTION 18, SOUTH 0° 50' 21" EAST 183.06 FEET TO A POINT ON A NON-TANGENT OJRVE ON THE NORTHERLY LINE OF STATE HIGHWAY 152 SHOWN ON SAID MAP OF ''TRACT 98-01, THE MEADOWLANDS, UNIT 1, PHASE 1", FROM WHICH A RADIAL UNE TO THE CENTER BEARS SOUTH 14° 35' 14" WEST; THENCE EASTERLY ALONG SAID CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 530.06 FEET, THROUGH A CENTRAL ANGLE OF 11° 47' 17", AN ARC DISTANCE OF 109.05 FEET; THENCE NORTHERLY AND NORTHEASTERLY, ALONG THE SOUTHEASTERLY LINE OF PARCEL 1 OF EXHIBIT "A-1" AS DESCRIBED IN QUITCLAIM DEED TO ARCADIAN GROUP, LLC, RECORDED NOVEMBER 19, 1998 IN VOL. 3798 OF OFFICIAL RECORDS, AT PAGES 870-873, MERCED COUNTY RECORDS, ALSO BEING THE SOUTHEASTERLY LINE OF REMAINDER "A" AS SHOWN ON SAID MAP OF "TRACT NO. 98-01, THE MEADOWLANDS, UNIT 1, PHASE 1": NORTH 0° 11' 59" EAST 81.32 FEET AND NORTH 40° 13' 59" EAST 613.52 FEET; THENCE ALONG THE WESTERLY UNE OF LOTS 19, 18 AND 17 AS SHOWN ON MAP OF ''TRACT NO. 98-01, THE MEADOWLANDS UNIT 1, PHASE 3" FILED IN BOOK 51 OF OFFICIAL PLATS, AT PAGES 8-11, INCLUSIVE, AND THE NORTHERLY EXTENSION THEREOF, NORTH 0° SO' 21" EAST 832.70 FEET; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 1 AS SHOWN ON SAID MAP OF "TRACT NO. 2001-07, THE MEADOWLANDS, UNIT 2, PHASE 1", NORTH 33° 59' 56" EAST 119.98 FEET TO THE POINT OF BEGINNING.
THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE APPROVING A LOT LINE ADJUSTMENT NO. 2002-06, WHICH DESIGNATED AS "ADJUSTED PARCEL 1", RECORDED DECEMBER 6, 2002 AS INSTRUMENT NO. 2002-63522, OF OFFICIAL RECORDS.
EXCEPTING THEREFROM A 3¼% INTEREST IN AND TO ALL OIL, GAS AND/OR OTHER HYDROCARBON OR MINERAL RIGHTS AS GRANTED IN DEED FROMM. SILVA, ET UX, TO C.P. BURROWS, DATED NOVEMBER 23, 1937 RECORDED DECEMBER 2, 1937, IN VOL. 558 AT PAGE 107, AS ALE NO. 9923, MERCED COUNlY RECORDS.
ALSO EXCEPTING THEREFROM A 1 % INTEREST IN AND TO ALL OIL, GAS AND/OR OTHER HYDROCARBON OR MINERALS AND/OR MINERAL RIGHTS GRANTED IN THE DEED FROM M. SILVA, ET UX, TO M. BAMBAUER, DATED NOVEMBER 23, 1937, RECORDED AUGUST 25, 1938 IN VOL. 595 OF OFFICIAL RECORDS, AT PAGE 7, MERCED COUNlY RECORDS.
APN: 084-020-032-000 and 084-020-038
Arst American ntle
29 THIS PAGE IS INTENTIONALLY LEFT BLANK
30 OWNER'S STATEMENT
~. THE UNDERSIGNED, DO HEREBY STATE THAT WE ARE THE O\M\IERS OR HAVE SOME RJGHT, nTLE OR INTEREST OF RE CORO IN THE LAND AND SUBDIVISION SHOrv'N ON THIS MAP AND~ CONSENT TO THE PREPARAnON AND RECORDATION OF THIS MAP. KE I-ERE.BY OFFER FOR OED/CA noN FOR PUBLIC USE, THE PUBUC UT1LJTY EASEMENT, AS SHOKN ON THIS PARCEL MAP.
OWi/ER: ARCADIAN GROUP UC, A CAI.JFORNIA LIMITED UABIUTY COMPANY B~------ ---- - DATE NAME: _______ __ _
nTLE: _________ _
NO~RY ACKNOWLEDGMENT
NOTARY PUBUC OR oTHEFHifflCER COMPL.ET1NG THIS CEA.nFtCATE VERIFIESONLY 1HE IDENTITY OF 'WE INDIVIDUAL ""'o SIGNED TNE DOCUMENT TO IM#CH THIS CERnFtCATE IS ATTACHED AND NOT THE '~ ~ - ACCURACY. OR VALIIXTY OF lHAT DOCUMENT.
STATE OF _____ _
COUNTY OF _____ _
ON ______ ___ _ _ BEFOREME, _______ NOTARY
PUBLIC, PERSONALLYAPPEARED, ______________ __ _
!MIO PROVED TO ME ON 1HE. BASIS OF SAnSFACTORY EV10ENCE TO BE me PERSON(SJ \4HOSE NAME(s, IS/ARE SUBSCRIBED TO THE W1HH INSTRUMENT ANIJACKNOMC.EDGED TO ME THAT HEJSHE/THEYEJCECVTED THE SAME IN HISIHERITHEIR AUTHONZED CAPACtTYflE,SJ, AND THAT BY HISIHERmfEJR SIGNATVRE(S) ON THE INSTRUMENT THE PERSON(S'J, OR THE ENTTTYUPON BEHA1.F OFMHICH THE PERSON<S, AC1ED. EXE.CVTED THE INSTRUMENT.
I CERTIFY UNDER PENAL TY OF PERJURY UNDER THE LA\NS' OF THE STATE OF CALJFORNIA THAT 1ffE FOREGOING PARAGRIV'H ts TRUE AND CORRECT.
IMTIVESS MY HAND
mGNATURE _ _______ _ ..... ________ _ COUNr'YOF _______ _ _ MYCOMMISSIONEXPfRES ___ _ COMWSSfONNUMBER _ ____ _
NOTARY ACKNOWLEOGMENT
NOTARY PUBLIC OR OTHER OFFICER COMPr.ET1NG THIS CERT1FICATE VERIFIES ONl. Y THE IDEN7'TY OF 'EINOMDUAL. \WiOS/GNED THEOOCUMENTTO WffCH THIS CERTIFICATEISAITACHEDANDHOTTHE 'YI!JFVI.NESS,_ ACCURACY. OR VALJDITYOF THAT DOCIJ!ENT.
STATE OF _____ _
COUNTY OF-_ ____ _
ON _____ _ _____ !EFOREME _ _ ____ - NOTAR.Y
PUBUC. PERSONALLYAPPEARED _ ______________ _
w-10 PROVED TO ME ON THE. BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON($) WIOSE NAME(S) ISIARE SUBSCR18ED TO THE WTH1N' INSTRtlMENT ANDACKHOMt.EDGED TO ME THAT HEJSHEITHEY EXECIITED THE SAME IN HISIHERITHEIR AUTHORIZED CAPACl1Y(IES). AND THAT BY HISIHERITHEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON($), OR THE ENTTTYUPON BEIW.F OF WHICH THE PERSON(S, AC1ED, EXECI.ITcD THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT TIE FOREGOING PARAGRN'H fS TRUE AND CORRECT.
\MTNESS MYHAND
SIGNATURE ________ _
COIJNTYOF ______ __ _ - --------- MY CO MMI S S/ ON EXPf RES ___ _ COMNSSIONNIJMBER _ _ ___ _
Exhibit B
PARCEL MAP NO. 2021-02 BEING A SUBDIVISION OF ADJUSTED PARCEL 1, ON LOT UNE ADJUSTMENT NO. 2002-06, RECORDED DECEMBER 6, . 1 2002, AS fNSTRUMENT NO. 200U3522. OFFfctAL RECORDS OF MERCED COUNTY. SITUATE IN SECTION 18, TOINNSHIP 10 SOUTH, RANGE 11 EAST. M.D.B.&M .• fN TI-E CITY OF LOS BAN<JS. MERCED COUNTY, CALIFORNIA.
AUGUST, 2022 BASE CONSULTING GROUP.INC. SHEET1 OF2
171311TH STREET, SUITE 1
REEDLEY, CA 93654
PH: 559-637-1544
SUBDMSION GUARANTEE
PREPARED BY: FIRST AMERfCAN TITLE INSURANCE COMPANY
GUAMNTEE NUMSER: 5003300-6596540
DATE OFGUARANTEE: AUGUST8, 2022AT7:30AM.
AFFECT: USED IN PREPARATION OF THIS MAP AND CONSfDERED A PART HERETO BY REFERENCE /'IOTICE OF INTEREST HOI.DERS
PURSUANT TO SECTION 66436(a)(3)(A)(t) AND 66436(a)(3)(C) OF rnE SUBDIVISION MAP ACT THE SIGNATURES OF THE FOLLOWING INTEREST HOLDERS HAVE BEEN OMITTED:
THE. TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENnTLED "DEVELOPMENT AGREEMENr RECORDED AUGUST 11, 1998 AS INSTRUMENT NO. 28587, IN BOOK 3758, PAGE 153 OF OFFICIAL RECORDS.
THE TERNS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED •sUBOIVISION IMPROVEMENT AGREEMENr RECORDED DECEMBER 19, 2001 AS INSTRUMENT NO. 2001-57021 OF OFFICIAL RECORDS.
PACIFIC GAS AND ELECTRIC COMPANY, HOLDER OF AN EASEMENT FOR INGRESS AND EGRESS, POLE LJNES, mRES AND CABLES AND INCIDENTAL PURPOSES, RECORDED SEPTEMBER 09, 2002 AS INSTRUMENT NO. 2002-43553 OF OFRCIAL RECORDS.
THE TERMS /WO PROVISIONS CONTAINED IN THE DOCUMENT ENnTLED JOINT USE AGREEMENT, EXECUTED BY AND BETWEEN PACIFIC GAS AND ELECTRIC COMPANY AND CITY OF LOS BANOS, RECORDED DECEMBER 06. 2004, AS INSTRUMENT NO. 04-81304 OF OFFICIAL RECORDS.
PC#5 I RECOMMENDED FOR APPROVAL I 2022.09.13
CSGIAST
SURVEYOR'S STATEMENT
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WIJW THE REQ<AREMENTS OF THE SU8DIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF LORE ENGINEERING, INC. ON FEBRUARY 15, 2022. I HEREBY STATE THAT THIS PARCEL MAP SIJBSTANT1ALL Y CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP. I FURTHER STATE THAT ALL THE MONUMENTS SHOWN HEREON mLL BE SET PRIOR TO DECEMBER 31, 2022 AND ARE OF THE CHARACTER ANO OCCUPY THE POSITIONS IND/CA TED AND ARE SUFFICIENT TO ENABLE THIS SUR\IE.Y TO BE RETRACED.
NEILE. THONESEN, PI...S 8656
UCENSE EXPIRES 12-31-2023
CITY ENGINEER'S STATEMENT
DATE
I HEREBY STATE THAT I HAVE EXAMINED THIS PARCEL MAP AND THAT THE SUBDIVISION SHOWN HEREON IS SUBSTANT1ALL Y Tl-£ SAME AS IT APPEARED ON Tl£ TENTATIVE. MAP AND ANY APPROVED
ALTERATIONS THEREOF AND THAT /TIS W COMPLJANCE WITH THE PROVISIONS OF THE SUBOIVIS/ON MAP ACT. DIVISION 2 (COMMENCING WITH SECTION 66410) OF TITLE 7 OF THE GOVERNMENT CODE AND ANY LOCAL ORDfNANCES OF THE CITYOF LOS BANOS, APPUCABLE AT THE nME OF APPROVAL OF THE TENTATIVE MAP.
DATEDTHIS __ DAYOF· _______ 20:12
SOKNIRORN THAN, R.C.E. 91278
THE TERMS ANO PROVISIONS CONTAINED IN THE DOCUMENT emn.EDREJM8URSEMENT AGREEMENT CITYENGJNEER SANITARY SEWER AND RESOLU710N NO. 4574, EXECUTED BY AND BETWEEN CITY OF LOS BANOS, A MUNICIPAL CORPORATION OF THE COUNTY OF MERCED, STATE OF CALIFORNIA AND TRJPLE M CAffiE COMPANY.
RECORDED APRfL 06, 2005. AS INSTRUMENT NO. 05-24790 OF OFFICIAL RECORDS.
PACIFIC GAS AND ELECTRIC COMPANY, HOLDER OF AN EASEMENT FOR TRANSMISSION OF EL.ECTRfC ENERGY, AND FOR COMMUNICATION PURPOSES AND INCIDENTAL PURPOSES, RECORDED APRIL 13, 2005 AS CITY SURVEYOR'S STA TEMEHT INSTRUMENT NO. OS.26766 OF OFFICIAL RECORDS. --- THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED FORM Of MEMORANDUM OF AGREEMENT, EXECUTED BY AND BE1l\£EN ARCADIAN GROUP, U.C, A CAUFORNIA UMITED UABltlTY COMPANY AND KB HOME SOUTH BAY INC., A CALIFORNIA CORPORATION, RECORDED MAY 13, 2005, AS INSTRUMENT NO. 05-35990 OF OFFICIAL RECORDS.
RIGHT TO FARM STATEMENT
RIGHT TO FARM STATEMENT AS CONTAINED ON MN'FILEDAUGUST 12, 19HIN SOOK 49 OF OFFICIAL PLATS, AT PAGES 34 THROUGH 46. INCLUSIVE.
THE PROPERTY DESCRIBED ON THE HEREON SHO~ MAP IS IN THE VICINITY OF I.AND UTTUZED FOR
AGRICULTURAL PURPOSES AND RESIDENTS OF THIS PROPERTY MAY BE SUBJECT TO INCONVENIENCE OR DISCOMFORT ARJSING FROM THE USE OF AGRICULTURAL CHEMICALS, INCLUDING. BUT NOT UM/TED TO, PESTICIDES AND FERTIUZERS. AND FROM THE PURSVIT OF AGRICULTURAL OPERATIONS. INCLUDING, BUT NOT UM1TED TO, Pl.O~NG, SPRAV,NG, AND BURNING ~CH OCCASIONALLY MAY GENERATE OUST, SMOKE, NOISE AND ODOR.
THE COUNTY OF MERCED HAS ESTABLJSHEDAGPJCULTURE AS A PRIORITY USE IN AGRICULTURAL ZONES \.M-ICH ARE OUTSIDE OF AN ESTABUSHED SPECIFIC URBAN DEVELOPMENT Pl.AN tSUOP} BOt...NOARY, RURAL RESIDENTJAL CENTER (RRC) BOUNDARY. I-IGHWAY INTERCHANGE CENTER (HIC) BOUNDARY, OR AGRICULTURAL
SERVICE CENTER (ASC) BOUNDARY, AND RESIDENTS OF PROPERTY IN THE VICINITY OF SUCH AGRICULTURAL
ZONES SHOULD BE PREPARED TO ACCEPT INCONVEMENCE OR DISCOMFORT FROM NORMAL NECESSARY AGRICULTURAL OPERATIONS.
CITY CLERK'S STATEMENT
I, LUCY MALLONEE, CITY Cl.ERK FOR THE CITY OF LOS SANOS, STATEOFCALJFORNIA, D01£REBYSTATETHAT AT THE. REGl.l.AR MEETING OF TtE ctTYCOUNClt OF THE CITYOF LOS BANOS, STATE OF CALJFORNIA, HELD ON THIS ___ OAYOF~ ===-=c<20_. THE.ACCOMPANYINGPARCEl.MAPOF"PARCELMAPNO. 2021-02, WAS APPROVED AND ACCEPTED ON BEHALF OF THE PUBUC FOR PUBUC USE, THE OFFER OF DEDICATION IN EASEMENT OF THE PIJBUC IITTUTY EASEMENT (P.U.E.), AS SHOKN ON THfS PARCEL MAP. SAID ACCEPTANCE IS SUBJECT TO IMPROVEMENTS.
DATED THIS __ DAYOF _ _ _ _____ zo_
BY: ______________ _
LUCY MALLONEE. CITY Ct.ERK
CITY OF LOS BANOS
I HEREBY STATE THAT I HAVE EXAMINED THIS PARCEL MAP AND I AM SAnSFIED THAT THIS PARCEL MAP IS TECHNICALLY CORRECT .
DATEDTHIS __ DAYOF· _______ 2022
ANNE-SOPHIE TRUONG, L.S. 8198
AC71NG CITY SURVEYOR
PLANNING COllfllllSS/ON'S STATEIIIENT
I STACY SOUZA ELMS. DIRECTOR FOR THE CITY OF LOS BANOS COMMUNITY AND ECONOMICS
DEVELOPMENT DEPARTMENT, DO HEREBY STATE THAT THE CITY PLANNING COMMISSION HAS ::"RO::::!~ ,;:c~"i::,;'QN 2::o~':fe~N-,-,-,UB-sr°,;;.,°:.i.""v"'rne=SAME==As~rn-•·r SHO'MI ON THE VEsnNG TENTAnVE MAP.
DATED THIS __ DAY OF _______ 2022
STACY SOUZA ELMS, DIRECTOR FOR THE CITY OF LOS BANOS
COMMUNITY AND ECONOMICS DEVELOPMENT DEPARTMENT
RECORDER'S STATEMENT
FfLEDTHIS __ DAYOF ______ 20_.AT __ .M.
IN VOLUME __ OF PARCfl MAPS, ATPAGE(S) __ MERCED COUNTY RECORDS, AT THE REQUEST OF SASE CONSULTING GROUP, INC.
~$ __ PAID
MATTH. MAY. MERCED COUNTY RECORDER
BY: _ _ _ _________ _
ASSISTANT I DEPUTY RECORDER VOLUME __ PAGE __
31 BASIS OFJ!EARINGS
THE BE.AA/NG OF NORn-10"50'21 " EAST, BET¼EEN FOUND MONUMENTS ON THE CENTERUNE OF WAAD ROAD, BET'M:EN CANAL FARM LANE AND PARK Fl.ACE DRIVE, AS SHO\',fl/ ON TRACT NO. 98-01, •THE M£ADO~AIJDS UMTNO. 1. PHASE l ".. FII..EO/NB0a<490FOFF-/CIAL PlA1S.ATPAGES341HROVGH46, 1/IK;LUSIVE, MERCED COUNTY RECORDS, WAS USED AS THE BASIS OF ALL BEARINGS, AS SHO\.\fJ HEREON.
LEGEND GENERAL NOTES
PARCEL MAP NO. 2021-02 BEING A SUBDIVISION OF ADJUSTED PARCEL 1, ON LOT LINE ADJUSTMENT NO. 2002-06, RECORDED DECEMBER 6, 2002, AS INSTRUMENT NO. 2002-63522, OFFICIAL RECORDS OF MERCED COUNTY, SITUATE IN SECTION 18, TO'A-f'JSHIP 10 SOl/TH, RANGE 11 EAST, M.D.8.&M., IN THE. CITY OF LOS BANOS, MERCED COUNTY. CALIFORNIA AUGUST, 2022 BASE CONSULTING GROUP, INC.
171311TH STREET, SUITE 1
REEDLEY, CA 93654
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REFERENCES
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MERCED COUNTY RECORDS
D.R. M. C. OFFICIAL RECORDS OF MERCED COUNTY
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VOLUME PAGE
32 Go gle Maps Exhibit C
Imagery ©2022 Maxar Technologies, USDA/FPAC/GEO, Map data ©2022 200 ft https://www.google.com/maps/@37.0592217,-120.8152512,892m/data=!3m1 ! 1 e3 1 /1 33 THIS PAGE IS INTENTIONALLY LEFT BLANK
34 LOsBanos
TO:
FROM:
DATE:
Agenda Staff Report
Mayor & City Council Members
Gary Brizzee, Chief of Police ~ (Z,i'l-L-C.C..
October 19, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Police Department awarded $12,959.00 Bureau of Justice Assistance FY 22 Edward Byrne Memorial Justice Assistance Grant
Recommendation:
Approve the acceptance of the Bureau of Justice Assistance FY22 Edward Byrne Memorial Justice Assistance grant, grant award number 1 SPBJA-22-GG-02776-JAGX, in the amount of $12,959.00 for FY 2022-2023 and approve an increase in City expenditures and revenues in the amount of $12,959.00 for the FY 2022-2023.
Discussion:
The City of Los Banos was awarded a Bureau of Justice Assistance, Edward Byrne Memorial Justice Assistance grant. This is a one time grant which will be used to purchase needed safety equipment for our officers including breeching tools, night vision goggles, shields, and other equipment.
The budget for this grant, including account numbers are as follows:
Revenues:
JAG Edward Byrne Grant 240-000-331-010 $12,959.00
1 35
Expenditures:
Specialized Equipment 240-421-170-753 $12,959.00
Fiscal Impact:
Revenues and Expenditures for FY 2022-2023 will increase in the amount of $12,959.00.
~~
City
•li~L
Manager
\70
Brent Kuhn, ~ Interim Finance Director
Attachments:
Resolution
Bureau of Justice Assistance FY22 Edward Byrne Memorial Justice Assistance Grant Agreement
2 36
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING THE
ACCEPTANCE OF THE BUREAU OF JUSTICE
ASSISTANCE FY22 EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT IN
THE AMOUNT OF $12,959.00 AND AMENDING
THE 2022-2023 FISCAL YEAR BUDGET BY
INCREASING THE APPROPRIATION AMOUNT
OF THE JAG EDWARD BYRNE GRANT FUND
ACCOUNT FOR EXPENDITURES AND
REVENUES IN THE AMOUNT OF $12,959.00
WHEREAS, there has been presented to the City Council of the City of Los Banos a proposal to increase the appropriation limit in the City Budget for the 2022- 2023 Fiscal Year; and
WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the 2022-2023 Fiscal Year by action to amend this budget; and
WHEREAS, the proposed budget increase of $12,959.00 in revenues to the JAG Grant fund (240-000-331-010) and an increase of $12,959.00 in Police Department JAG fund (240-421-170-753) has been reviewed by City Council; and WHEREAS, there are available monies through the Federal Grant Fund by the revenues through the JAG grant and the expenditures have been authorized by City Council for Police Department equipment;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the acceptance of the Bureau of Justice Assistance FY22 Edward Byrne Memorial Grant in the amount of $12,959.00 for the purchase of Police Department equipment and increase the appropriation limit for revenues in the amount of $12,959.00; and expenditures in the amount of $12,959.00 within the JAG Grant Fund. The budget for this grant, including account numbers is as follows:
Revenues:
JAG Edward Byrne Grant
Expenditures:
240-000-331-01 0 $12,959.00
1 37
Specialized Equipment 240-421-170-753 $12,959.00
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of October 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:
Kenneth Lambert, Mayor Pro Tern
ATTEST:
Lucille L. Mallonee, City Clerk
2 38
......,,, Award Letter
September 22, 2022
Dear Gary Brizzee,
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice Programs (OJP) has approved the application submitted by LOS BANOS, CITY OF for an award under the funding opportunity entitled 2022 BJA FY 22 Edward Byrne Memorial Justice Assistance Grant Program - Local Solicitation. The approved award amount is $12,959.
Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award . The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents.
Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by OJP, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award.
Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds.
Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date.
To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven't already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process.
Congratulations, and we look forward to working with you.
Maureen l-lenneberg
Deputy Assistant Attorney General
Office for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law.
Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of 39 the Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that they will comply with those la\N'S. Taken together, these civil rights laws prohibit recipients of federal financial assistance from DOJ from discriminating in services and employment because of race, color, national origin, religion, disability, sex, and, for grants authorized under the Violence Against Women Act, sexual orientation and gender identity. Recipients are also prohibited from discriminating in services because of age. For a complete review of these civil rights la\N'S and nondiscrimination requirements, in connection with DOJ awards, see https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm.
Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These revie'vVS and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a nondiscriminatory manner to their service population or have employment practices that meet equal-opportunity standards.
If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding , see 28 C.F.R. §§ 42.204(c), .205(c)(5).
The OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to contact the OCR at [email protected].
Memorandum Regarding NEPA
NEPA Letter Type
OJP - Ongoing NEPA Compliance Incorporated into Further Developmental Stages NEPA Letter
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant.
The specified activities requ iring environmental analysis are:
a. New construction;
b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-yearflood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; 40 c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.
Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see httRs ://www. bj.§.,gov / Fu ndi ng/ne Ra, htm I.
NEPA Coordinator
First Name
Orbin
-v Award Information
Middle Name Last Name
Terry
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. & Recipient Information
Recipient Name
LOS BANOS, CITY OF
UEI
HCKYHK7SRA 11
Street 1
520 J ST
City
LOS BANOS
Street 2
State/U.S. Territory
California
41 Zip/Postal Code
93635
County/Parish
9 Award Details
Federal Award Date
9/22/22
Award Number
15PBJA-22-GG-02776-JAGX
Federal Award Amount
$12,959.00
Country
United States
Province
Award Type
Initial
Supplement Number
00 Funding Instrument Type
Grant
Assistance Listing Number Assistance Listings Program Title
16.738 Edward Byrne Memorial Justice Assistance Grant Program Statutory Authority
Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a) I have read and understand the information presented in this section of the Federal Award Instrument. v- Project Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. 42 Solicitation Title
2022 BJA FY 22 Edward Byrne Memorial
Justice Assistance Grant Program - Local
Solicitation
Awarding Agency
OJP
Program Office
BJA
Application Number
GRANT13687346
Grant Manager Name Phone Number
Elaine Vanlandingham 202-305-0034
E-mail Address
[email protected]
Project Title
Los Banos Police Department Patrol Vehicle Emergency Equipment Performance Period Start
Date
10/01/2021
Budget Period Start Date
10/01/2021
Project Description
Performance Period End
Date
09/30/2023
Budget Period End Date
09/30/2023
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program allovvs units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice or civil proceedings, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; 7) crime victim and witness programs (other than compensation); 8) mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams; and 9) implementation of state crisis intervention court proceedings and related programs or initiatives, including but not limited to:
mental health courts; drug courts; veterans courts; and extreme risk protection order programs.
I have read and understand the information presented in this section of the Federal Award Instrument. 43 .....,,,, Financial Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
I have read and understand the information presented in this section of the Federal Award Instrument. ) Award Conditions
.....,,,, Award Acceptance
Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I-- A Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant.
B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance:
(1) I have conducted or there was conducted (including by applicant's legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) I have the legal authority to accept this award on behalf of the applicant.
C. Accept this award on behalf of the applicant.
D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) I understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or§§ 3801-3812) or otherwise. [ Agency Approval
Title of Approving Official
Deputy Assistant Attorney
General
Name of Approving Official
Maureen Henneberg
Signed Date And Time
9/18/22 2:54 PM
J
44 Authorized Representative
Entity Acee ptance
Title of Authorized Entity Official
Chief of Police
Signed Date And Time
45 THIS PAGE IS INTENTIONALLY LEFT BLANK
46 LOsBanos
At tl1t· Crossroads of Cal({ornia
Agenda Staff Report
TO: Mayor Pro Tern and City Council Members
FROM: Nirorn Than, P.E., Public Works Director/City Engineer DATE: October 19, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Contract Award for the Ag Sports Complex Restroom/Concession Building
Recommendation:
That the City Council adopts the Resolution to:
• Award the contract for the Ag Sports Complex Restroom/Concession Building construction project to Marvulli, Inc. and authorize the City Manager to execute the construction Contract Agreement in the amount of $518,382.04. Staff is requesting a 10% contingency of $51,838.00. The administration of this contract, including the 10% contingency, is to be performed by the Public Works Director/City Engineer; and
• Amend the Fiscal Year 2022-23 Budget by increasing the appropriation amount in the Los Banos Park Fund (250-454-220-720) in the amount of $30,800.
Discussion:
The City of Los Banos Ag Sports Complex was constructed in the 1980s on part of a former landfill. The Complex currently consists of 9.5 acres of developed land that includes two softball fields, a parking lot, a dog park, a concession building and playground. The concession building has deteriorated such that the upstairs is not accessible to the public due to safety concerns. The Complex currently serves various youth sports groups in the community. The construction of a new restroom/concession building will fulfill a safety issue and allow for the expansion of community program use. 47 The Public Works Department enlisted the services of our consultant, QK, Inc. to design the project. Once the design was ready, staff released the project for advertisement on Tuesday, July 5, 2022. The bid opening was held on Thursday, August 11, 2022. Public Works Department, through the office of the City Clerk, received one (1) bid from the Rakkar Development and Construction, and the bid was deemed unresponsive. The Public Works Department re-advertised the bid on Friday, September 2, 2022. The bid opening was held on Tuesday, September 27, 2022. The Public Works Department, through the office of the City Clerk, received four ( 4) bids from the following contractors:
Contractor 'location Bid Amount -- Marvulli, Inc. Merced $518,382.04 Rakkar Development & Construction Fresno $588,505.00
Taylor Backhoe Services, Inc. Merced $647,771.05
BMY Construction Group, Inc. Fresno $641,959.60
Staff reviewed each of the bid proposals and Marvulli, Inc. has provided the lowest responsive and responsible bid for the project. The basis of award for this contract is based on the Base Bid. Staff is recommending Marvulli, Inc. be awarded the contract for the construction of the Ag Sports Complex Restroom/Concession Building Project. The project is the demolition and removal of an existing building and construction of a new restroom/concession building. As such, staff is recommending that the contingency be set at ten percent (10%) at $51,838.00. The time of completion shall be one hundred and twenty (120) working days.
Environmental Analysis:
Pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, an Initial Study was prepared to identify and assess potential environmental impacts as a result of this project. Through the Initial Study, staff detemiined that the project would not result in any significant adverse effects and the project can be categorically exempt pursuant to Section 15302(b ), Replacement or Reconstruction. The project involves the replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity at the AG Sports Complex located at 700 N. Mercey Springs Road.
Fiscal lmeact:
The project has been budgeted in account 250-454-220-720 of the 2022-2023 fiscal year for the amount of $550,000. Due to the bid result above, staff is recommending City Council to amend the Fiscal Year 2022-23 Budget by increasing the appropriation amount in the Los Banos Park Fund (Fund 250) in the amount of $30,800. This brings the total budget to $580,800.00. This increase accounts for $20,220.24 in construction and $10,57 .76 in construction engineering.
Brent Kuhn, Interim Finance Director
48 Attachments:
Resolution
Bid Opening Sheet
Contract Agreement
2022-2023 Fiscal Budget Sheet
49 THIS PAGE IS INTENTIONALLY LEFT BLANK
50 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING AWARD OF
CONSTRUCTION CONTRACT TO MARVULLI,
INC. IN THE AMOUNT OF $518,382.04 WITH A
10% CONTINEGENCY IN THE AMOUNT OF
$51,838 FOR THE CONSTRUCTION OF THE AG
SPORTS COMPLEX RESTROOM/CONCESSION
BUILDING PROJECT AND ADOPTING A
REVISED BUDGET FOR THE FISCAL YEAR
2022-23 AS IT PERTAINS TO THE LOS BANOS
PARK FUND
WHEREAS, City of Los Banos Public Works Department received competitive bids on September 27, 2022 for the purpose of constructing the Ag Sports Complex Restroom/Concession Building project; and
WHEREAS, the Public Works Department determined, after receiving competitive bids, that Marvulli, Inc. provided the lowest responsive and responsible bid in the amount of $518,382.04; and
WHEREAS, the Public Works Department requests the City Council authorize a 10% contingency in the amount of $51,838; and
WHEREAS, the Public Works Department requests the City Council authorize the Interim City Manager to execute the Construction Contract Agreement with Marvulli, Inc. and authorize the Public Works Director/City Engineer to administer the Construction Contract including the 10% contingency; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines the Community Center Parking Lot Improvements project was adequately evaluated and determined to be categorically exempt pursuant to Section 15302(b ), Replacement or Reconstruction; and WHEREAS, the City Council of the City of Los Banos has been presented a proposal to increase appropriations in the Fiscal Year 2022-2023 Budget; and WHEREAS, the proposed amendment to the Fiscal Year 2022-2023 would increase expenditures by $30,800 in the Los Banos Park Fund (250-454-220-720).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby:
1. Accept and award the construction bid of Marvulli, Inc. in the amount of $518,382.04, with a 10% contingency in amount of $51,838, authorizes the Interim City Manager to execute the Construction Contract Agreement, and 51 authorizes the Public Works Director/City Engineer to administer the Construction Contract Agreement including the 10% contingency.
2. Amend the Fiscal Year 2022-23 Budget by increasing the appropriation amount in the Los Banos Park Fund (250-454-220-720) in the amount of $30,800.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of October 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:
Kenneth Lambert, Mayor Pro
Tern
ATTEST:
Lucille L. Mallonee, City Clerk
52 LOsBanos
REQUEST FOR PROPOSALS
LOS BANOS AG SPORTS COMPLEX RESTROOM/CONCESSION BUILDING SEPTEMBER 27, 2022, 3:00 PM
1. TBS Contractors
2. Rakkar Development & Construction
3. Marvulli Commercial
4. BMY Construction Group, Inc.
Signed: ~«·• 'O 42. -J.. ~Qf}J!SL-• "
Lucille L. Mallonee, MMC
City Clerk/Human Resources Director
~ _IL_--=--_ Nirom Than, P.E.
Public Works Director/City Engineer
$624,455.95
$584,000.00
$489,382.04
$591,400.00
Dated: September 27, 2022
53 THIS PAGE IS INTENTIONALLY LEFT BLANK
54 Agreement
THIS Agreement is dated as of the _ ___ day of ___ in the year 20_ by and between the City of Los Banos, a California municipal corporation ("Owner") and Marvulli, Inc. ("Contractor").
Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:
1. WORK. Contractor shall complete the work indicated in Owner's Contract Documents entitled "Los Banos Ag Sports Complex Restroom/Concession Building." The work is generally described as follows:
• Demolition and removal of an existing building and construction of a new restroom/concession building and associated utility connections and miscellaneous concrete work in the surrounding area.
2. CONTRACT TIME. Contractor shall commence the work required by the Contract Documents within 1 O calendar days after the date of the Notice to Proceed and will complete the same within the time period set forth in the bid, unless the period for completion is extended otherwise by the Contract Documents.
3. LIQUIDATED DAMAGES. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the work is not completed within the time specified in Paragraph 2 herein, plus any extensions thereof allowed in accordance with Paragraph 21, Time for Completion and Liquidated Damages, of the General Provisions. The parties also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by Owner if the work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Eight Hundred Dollars ($ 800.00) for each day that passes after the time specified in Paragraph 2 herein.
4. CONTRACT PRICE. Owner shall pay Contractor for completion of the work in accordance with the Contract Documents in current funds the amount set forth in the Bid Schedule(s). The Contractor agrees to perform all of the work described in the Contract Documents for the unit and lump sum prices set forth in the Bid Schedule(s).
5. PAYMENT PROCEDURES. Contractor shall submit applications for payment in accordance with Paragraph 24, Progress Estimates, of the General Provisions. Applications for payment will be processed by Owner as provided in the General Provisions.
6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the work consists of this Agreement and the following attachments to this Agreement:
(A) Advertisement for Bids
(B) Information for Bidders
(C) Bid
(D) Bid Bond
55 (E) Agreement
(F) Payment Bond
(G) Performance Bond
(H) Notice of Award
(I) Notice to Proceed
(J) Change Order
(K) General Provisions
(L) Special Provisions
(M) Technical Specifications prepared by QK entitled
"Los Banos Ag Sports Complex Restroom/Concession Building". (N) Drawings prepared by QK numbered 1 through 3 and drawings prepared by Structure Cast numbered A-00 through A-06
There are no Contract Documents other than those listed in this Paragraph 6. The Contract Documents may only be amended by change order as provided in Paragraph 19, Changes in the Work, of the General Provisions.
7. MISCELLANEOUS.
A. Terms used in this Agreement which are defined in Paragraph 1 of the General Provisions will have the meanings indicated in the General Provisions.
B. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.
C. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.
D. The Laws of the State of California shall govern this Agreement. Venue is Merced County. The provisions of this paragraph shall survive expiration or other termination of this Agreement regardless of the cause of such termination.
E. All bids become property of the Owner. All bids, including the accepted bid and any subsequent contract become public records per the requirements of the California Government Code, Sections 6250-6270, "California Public Records Act". Proprietary material must be clearly marked as such. Pricing and service elements of the successful bid are not consider proprietary information. The Owner will treat all information submitted in a bid as available for public inspection once the Owner has selected a contractor. If you believe that you have a legally justifiable basis under the California Public Records Act (Government Section 6250 et. seq.) for protecting the confidentiality of any information contained within your bid, you must identify any such information, together with the legal basis of your claim in your bid. In order for the Owner to assess confidentiality of any such information on your behalf, you must request, execute and submit an Owner-prepared 56 written agreement to defend and indemnify the Owner for any liability, costs, and expenses incurred in asserting such confidentiality as part of your bid. The final determination as to whether the Owner will assert your claim of confidentiality on your behalf shall be sole discretion of the Owner.
F. This Agreement shall not be interpreted in favor of any Party by virtue of said Party not having prepared this Agreement.
G. If any time period provided for in this Agreement ends on the day other than a Business Day, the time period shall be extended to the next Business Day.
IN WITNESS WHEREOF, Owner and Contractor have caused this Agreement to be executed the day and year first above written.
Date
ATTEST:
Lucille L. Mallonee
City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
Date
(Seal if Corporation)
By: -----::-----::-----::----:-=:---------,----,--,----- Authorized Representative of Owner
Title: ----------------
By: --------,-,::------------ Authorized Representative of Contractor Title: ----------------
(Attach Acknowledgement for Authorized Representative of Contractor) 57 THIS PAGE IS INTENTIONALLY LEFT BLANK
58 City of Los Banos
Los Banos Park Fund
Sunrise Ranch Park Fund
Shaughnessy Village Park Fund
2022-2023
Account Number Description
LOS BANOS PARK FUND
250-454-220-231 Professional Services
Supplies & Services
250-454-220-717 Landscape & Irrigation * 250-454-220-720 Buildings & Structures 250-454-220-721 Street Trees
250-454-220-747 Park & Playground Equipment
250-454-220-753 Specialized Equipment
Capital Outlay
Total Los Banos Park Fund
SUNRISE RANCH PARK FUND
260-454-220-717 Landscape & Irrigation
Capital Outlay
Total Sunrise Ranch Park Fund
SHAUGHNESSY VILLAGE PARK FUND
261-454-220-717 Landscape & Irrigation
Capital Outlay
Total Shaughnessy Village Park
2019-2020
222
Actual
102,003
102,003
32,769
0 0
29,912
21,980
84,661
$186,664
0 0
$0
0 0
$0
2020-2021
Actual
50,700
50,700
258,819
0 97,027
0 10,412
366,258
$416,958
0 0
$0
0 0
$0
2021-2022
Estimated
30,000
30,000
0 22,000
40,000
0 0
62,000
$92,000
0 0
$0
0 0
$0
2022-2023
Adopted
0 0
265,000
550,00~
20,000
0 200,000
1,035,000
$1,035,000
968,754
968,754
$968,754
1,125,632
1,125,632
$1,125,632
59 Los Banos Park Fund
CAPITAL OUTLAY
717-LANDSCAPE & IRRIGATION: $265,000 for the construction of the AG Sports Complex field renovations.
,Y 720-BUILDINGS AND STRUCTURES: $550,000 for the construction of the AG Sports Complex If' replacement restroom facility.
721-STREET TREES: $161,700 was awarded by CAL FIRE from the CAL FIRE Urban Tree Program grant. The primary expenses related to the grant are for the Urban Forest Management Plan and Tree Inventory. The Plan began in Fiscal Year 2020-2021 and $20,000 is anticipated as a carry-over amount for the Plan. The Plan is anticipated to be complete by Summer 2022. The funds are fully reimbursable with no financial match required.
753-SPECIALIZED EQUIPMENT: $200,000 for splash pad design.
Sunrise Ranch Park Fund
CAPITAL OUTLAY
717-LANDSCAPE & IRRIGATION: Expense related to design and construction of new park.
Shaughnessy Village Park Fund
CAPITAL OUTLAY
717-LANDSCAPE & IRRIGATION: Expense related to design and construction of new park. 223
60 TO:
FROM:
DATE:
LOsBanos
t the , t,ssroad ~ali_fo, ma
Agenda Staff Report
Mayor Pro Tern Lambert & City Council Members
Mike Brinkman, Contract Building Official
Stacy Souza Elms, Community and Economic Development Director~ October 19, 2022
TYPE OF REPORT: Public Hearing
SUBJECT: Adoption of Ordinance Nos. 1199 and 1200 Amending Title 8 Building Regulations of the Los Banos Municipal Code and Adopting by Reference the California Code of Regulations Title 24, 2022 Edition of the California Building Standards Code and the 2022 California Fire Code Amendments.
Recommendation:
Staff is requesting the City Council take the following action:
1. Waive the second reading and adopt Ordinance No. 1199 amending Title 8 Building Regulations of the Los Banos Municipal Code, and adopting by reference, The California Code of Regulations Title 24, 2022 Edition of the California Building Standards Code with amendments; and
2. Waive the second reading and adopt Ordinance No. 1200 adopting by reference the 2022 Edition of part 9 (California Fire Code) of the California Building Standards Code.
Background:
On October 5, 2022, the Los Banos City Council held a public hearing to receive public comment on Ordinance Nos. 1199 and 1200. The City Council received no public comments, waived the first readings, and introduced the Ordinances by title. 1 61
The model Building Code is updated every three years. This allows the Code to improve and adjust to the newest materials, methods of construction and technological advances in the industry. The City previously updated the Building Code in 2019.
Discussion:
California Building Standards Code:
The California Building Standards Commission adoption of the 2022 Code comes after a comprehensive multi-state agency and stakeholder update of the 2019 Building Code.
The objective is to produce a practical building code that ensures public safety while implementing the most efficient technology available to conserve the state's natural resources and energy use. California's building code is applicable to virtually every commercial and residential structure in the state.
The new 2022 California Building Standards Code contains thirteen parts that incorporate public health, life safety, and general welfare standards used in the design and construction of buildings in California. These parts incorporate the latest national standards in the International Building, Residential and Fire Codes, California Green Building Code, California Energy Code, National Electrical Code and the Uniform Mechanical and Plumbing Codes. Along with the usual Energy and Green Code updates, below are a few noteworthy updates:
• Permit expiration has been extended from 6-months to 12-months. Every permit shall remain valid if the work on the site is commenced within 12-months after its issuance.
• Aging-in-place design and fall prevention has been added for new residential construction. Added to address specific design elements to facilitate access to operational features and to allow people to stay longer in their homes as they age. • Expanding Electric Vehicle Charging requirements to install EV charging receptacles and chargers to new multifamily dwellings, hotels, and motels.
Health and Safety Code Section 18941 .5 mandates that the Building Standards contained in the 2022 California Building Standards Code shall be effective 180 days after publication by the California Building Standards Commission. Should these codes not be adopted by ordinance, they become effective by default without any amendments. The proposed effective date for the City of Los Banos will be January 1, 2023. As part of the adoption process, the Building Department has made every effort to notify all affected parties of the proposed changes.
California Fire Code:
The 2022 California Fire Code incorporates, by adoption, the 2021 edition of the International Fire Code of the International Code Council, with California amendments. P. local City or County may make more restrictive standards necessary for local conditior 2 62
Part 9 (The California Fire Code) is the official triennial compilation and publication of the adoptions, amendments, and repeal of administrative regulations to the California Code of Regulations, Title 24, also referred to as the California Building Standards Code. The California Building Standards Code is published every three years by order of the California legislature, with supplements published in intervening years. The California legislature delegated authority to various state agencies, boards, commissions and departments to create building regulations to implement the state statutes. These building regulations or standards have the same force of law, and take effect 180 days after their publication.
Attached are the proposed Ordinances that identify the languages and numbering necessary for adoption of the 2022 California Building Code updates, Fire Code updates and the local amendments that have been identified as enhancements desirable for the safety of the citizens and preservation of property .
. Gre
Attachm nts:
1. Ordinance adopting the 2022 Edition of the CA Building Standards Code
2. Ordinance adopting the 2022 Edition of the CA Fire Code
3. Public Hearing Notice - September 21, 2022
3 63
THIS PAGE IS INTENTIONALLY LEFT BLANK
64 ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS
BANOS, ADOPTING BY REFERENCE THE 2022 EDITION OF THE
CALIFORNIA BUILDING CODE, THE 2022 EDITION OF THE
CALIFORNIA ENERGY CODE, THE 2022 EDITION OF THE
CALIFORNIA HISTORICAL BUILDING CODE, THE 2022 EDITION OF THE CALIFORNIA REFERENCED STANDARDS CODE, THE 2022
EDITION OF THE CALIFORNIA ELECTRICAL CODE, THE 2022
EDITION OF THE CALIFORNIA MECHANICAL CODE, THE 2022
EDITION OF THE CALIFORNIA ADMINISTRATIVE CODE, THE 2022 EDITION OF THE CALIFORNIA EXISTING BUILDING CODE, THE 2022
EDITION OF THE CALIFORNIA GREEN BUILDING STANDARDS
CODE, THE 2022 EDITION OF THE CALIFORNIA RESIDENTIAL
CODE, AND THE 2022 EDITION OF THE CALIFORNIA PLUMBING
CODE BY AMENDMENT TO TITLE 8 CHAPTER 1 OF THE LOS BANOS MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF LOS BANOS MAKES THE
FOLLOWING FINDINGS:
WHEREAS, California Health & Safety Code Section 18938 provides that the building standards contained in the California Building Code, 2022 Edition, and incorporates, by adoption, the 2021 Edition of the International Building Code of the International Code Council with the California amendments, shall apply to all occupancies throughout the state and shall become effective 180 days after publication in the California Buildings Standards Code by the California Building Standards Commission; and
WHEREAS, after due consideration, the City Council of the City of Los Banos hereby finds that it desires to adopt the most recent version of the California Building Code as the City's Building Code, with certain amendments to provide further safety protections to the citizens of the City of Los Banos; and
WHEREAS, California Health & Safety Code Section 18941.5 provides that if a city makes an express finding that building standards that are more restrictive than those standards provided in the international codes are reasonably necessary because oflocal climatic, geological, or topographical conditions, a city may establish more restrictive building standards; and WHEREAS, the City Council of the City of Los Banos hereby finds the amendments to the "California Building Code, 2022 Edition," are reasonably necessary to provide sufficient and effective protection oflife, health, and property in consideration of the local climatic, geologic and topographic conditions as stated below; and
A. During winter months, the San Joaquin Valley experiences thick fog, heavy rains and extreme wind conditions that in past experience has caused structural damage within the City. 65 B. Merced County is located within an area with potential seismic activity. The proposed amendments will increase the ability of the structural components to sustain their functionality.
C. The City of Los Banos to a great extent lies on a level plain, as a result, heavy rains have historically threatened flooding throughout the City, which can cause delays for emergency response, or in some situations, make it impossible for responders to get to certain areas of the City. Flooding is both a climatic and topographic problem.
D. The City of Los Banos is located in an area subject to a climatic condition of high winds. This environment is conducive to rapidly spreading fires; control of such fires requires rapid response. Obstacles generated by a strong wind, such as fallen trees, streetlights and utility poles, may greatly impact the response time to reach an incident scene; and E. Due to the topographical conditions of sprawling development separated by two congested state highways, it is prudent to rely on measures to allow for rapid access and entry to an incident scene.
THE CITY COUNCIL OF THE CITY OF LOS BANOS DOES ORDAIN AS FOLLOWS:
Section 1. Section 8-1.01 of Title 8, Chapter 1 of the Los Banos Municipal Code is retitled and amended to read as follows:
Sec. 8-1.01 Adoption of the California Building Code 2022 Edition.
For the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and structures within the City, the California Building Code, 2022 Edition, Volumes 1 and 2 (Part 2 of Title 24 of the California Code of Regulations), based on the 2021 International Building Code as published by the International Code Council, together with Appendices Chapter G - Flood-Resistant Construction, Chapter H - Signs, Chapter I - Patio Covers, Chapter J - Grading, and Chapter K - Central Valley Flood Protection Plan, and Chapter P - Emergency Housing, and subsequent additions and editions thereto, one copy of which is on file in the Office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Building Code of the City of Los Banos.
Section 2. Section 8-1.03 of Title 8, Chapter 1 of the Los Banos Municipal Code is hereby repealed.
Section 3. Section 8-1.04 of Title 8, Chapter 1 of the Los Banos Municipal Code is retitled and amended to read as follows:
Sec. 8-1.04 Adoption of the California Energy Code 2022 Edition. 66 For the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and structures within the City, the California Energy Code, 2022 Edition (Part 6 of Title 24 of the California Code of Regulations), published by the International Code Council, together with all Appendices, and subsequent additions and editions thereto, one copy of which is on file in the Office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Energy Code of the City of Los Banos.
Section 4. Section 8-1.05 of Title 8, Chapter 1 of the Los Banos Municipal Code is retitled and amended to read as follows:
Sec. 8-1.05 Adoption of California Historical Building Code 2022 Edition.
For the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and structures within the City, the California Historical Building Code, 2022 Edition (Part 8 of Title 24 of the California Code of Regulations), as published by the International Code Council, together with all Appendices, and subsequent additions and editions thereto, one copy of which is on file in the Office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Historical Building Code of the City of Los Banos.
Section 5. Section 8-1.06 of Title 8, Chapter 1 of the Los Banos Municipal Code is retitled and amended to read as follows:
Sec. 8-1.06 Adoption of California Referenced Standards Code 2022 Edition.
For the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and structures within the City, the California Referenced Standards Code, 2022 Edition (Part 12 of Title 24 of the California Code of Regulations, published by the International Code Council together with all Appendices, and subsequent additions and editions thereto, one copy of which is on file in the Office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Referenced Standards Code of the City of Los Banos.
Section 6. Section 8-1.07 of Title 8, Chapter 1 of the Los Banos Municipal Code is retitled and amended to read as follows:
Sec. 8-1.07 Adoption of California Electrical Code 2022 Edition. 67 For the purpose of prescribing regulations governing the installation, erection, construction, enlargement, alteration, repair, maintenance and inspection of electrical facilities within the City, the California Electrical Code, 2022 Edition (Part 3 of Title 24 of the California Code of Regulations), including appendix, based on the 2020 National Electrical Code as published by the National Fire Protection Association, together with its Appendices, and subsequent additions and editions thereto, one copy of which is on file in the Office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter, and said Code shall be known as the Electrical Code of the City of Los Banos.
Section 7. Section 8-1.09 of Title 8, Chapter 1 of the Los Banos Municipal Code is retitled and amended to read as follows:
Sec. 8-1.09 Adoption of California Mechanical Code 2022 Edition.
For the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and structures within the City, the California Mechanical Code, 2022 Edition (Part 4 of Title 24 of the California Code of Regulations), including appendix, based on the 2021 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials, one copy of which is on file in the Office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Mechanical Code of the City of Los Banos.
Section 8. Section 8-1.10 of Title 8, Chapter 1 of the Los Banos Municipal Code is retitled and amended to read as follows:
Sec. 8-1.10 Adoption of the California Administrative Code 2022 Edition.
For the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and structures within the City, the California Administrative Code, 2022 Edition (Part 1 of Title 24 of the California Code of Regulations), as published by the International Code Council, together with all Appendices, and subsequent additions and editions thereto, one copy of which is on file in the Office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Administrative Code of the City of Los Banos.
Section 9. Section 8-1.11 of Title 8, Chapter 1 of the Los Banos Municipal Code is retitled and amended to read as follows:
Sec. 8-1.11 Adoption of the California Existing Building Code 2022 Edition. 68 For the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and structures within the City, the California Existing Building Code, 2022 Edition (Part 10 of Title 24 of the California Code of Regulations), based on the 2021 International Existing Building Codes published by the International Code Council, together with all Appendices, and subsequent additions and editions thereto, one copy of which is on file in the Office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Existing Building Code of the City of Los Banos.
Section 10. Section 8-1.12 of Title 8, Chapter 1 of the Los Banos Municipal Code is retitled and amended to read as follows:
Sec. 8-1.12 Adoption of the California Green Building Standards Code 2022 Edition.
For the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and structures within the City, the California Green Building Standards Code, 2022 Edition (Part 11 of the Title 24 of the California Code of Regulations), as published by the California Buildings Standards Commission, together with all Appendices, and subsequent additions and editions thereto, one copy of which is on file in the Office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Green Building Standards Code of the City of Los Banos.
Section 11. Section 8-1.13 of Title 8, Chapter 1 of the Los Banos Municipal Code is retitled and amended to read as follows:
Sec. 8-1.13 Adoption of the California Residential Code 2022 Edition.
For the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and structures within the City, that certain Code designated as the "California Residential Code, 2022 Edition (Part 2.5 of Title 24 of the California Code of Regulations), based on the 2021 International Residential Code and as published by the International Code Council, together with all Appendices with the exception of Appendix ALPermit Fees, and subsequent additions and editions thereto, one copy of which is on file in the Office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Residential Code of the City of Los Banos.
Section 12. Section 8-1.15 of Title 8, Chapter 1 of the Los Banos Municipal Code is retitled and amended to read as follows:
69 Sec. 8-1.15 Adoption of the California Plumbing Code 2022 Edition.
For the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and structures within the City, the California Plumbing Code, 2022 Edition (Part 5 of Title 24 of the California Code of Regulations), including appendix, based on the 2021 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials,, one copy of which is on file in the Office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Plumbing Code of the City of Los Banos.
Section 13. Section 8-1.16 of Title 8, Chapter 1 of the Los Banos Municipal Code is hereby repealed.
Section 14. Section 8-1.17 of Title 8, Chapter 1 of the Los Banos Municipal Code is hereby repealed.
Section 15. Section 8-1.19 of Title 8, Chapter 1 of the Los Banos Municipal Code is hereby repealed.
Section 16. The City Council finds that the changes made to the international/uniform codes are enacted to mitigate the threats posed to public peace, health and safety from earthquakes and fire. In this regard, the recitals set forth in this Ordinance are incorporated herein by reference a findings.
Section 17. To the extent that the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior city ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with the respect to the subject matter thereof and such inconsistent or conflicting provisions of prior ordinances, motions, resolutions, rules or regulations are hereby repealed.
Section 18. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.
Section 19. California Environmental Quality Act (CEQA) Guidelines section 15060( c )(2) states that a project is not subject to CEQA review where the activity will not result in a direct or reasonably foreseeable indirect physical change to the environment. CEQA Guidelines Section 15061 (b)(3) states that a project is exempt from CEQA "where it can be seen with certainly that 70 environment." The approval of the code amendments and adoptions set forth in this Ordinance does not approve any physical development project, and it would not result in a direct or indirect physical change in the environment. Therefore, these code amendments would not have the potential to result in individually or cumulatively significant effects on the environment and these code amendments are exempt from review under CEQA.
Section 20. This Ordinance shall go into effect and be in full force and operation thirty (30) days after its final passage and adoption. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in this Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, and aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
Introduced by Council Member ____ and seconded by Council Member ______ on the __ day of _____ ., 2022.
Passed on the __ day of ____ ~ 2022 by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
By:
Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
71 THIS PAGE IS INTENTIONALLY LEFT BLANK
72 ORDINANCE NO. --
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS ADOPTING BY
REFERENCE THE 2022 EDITION OF THE
CALIFORNIA FIRE CODE BY AMENDMENT TO
TITLE 4 CHAPTER 3 OF THE LOS BANOS
MUNICIPAL CODE AND ADOPTION OF LOCAL
AMENDMENTS THERETO
THE CITY COUNCIL OF THE CITY OF LOS BANOS MAKES THE FOLLOWING FINDINGS:
WHEREAS, the California Building Standards Code, Title 24, which incorporates the California Fire Code, is adopted every three years by order of the California Legislature with supplements published in intervening years; and WHEREAS, pursuant to California Government Code Section 50022.1 et seq. the City of Los Banos ("City") may adopt by reference the 2022 California Fire Code, based on the International Fire Code, 2021 Edition, with errata, published by International Code Council (ICC), as adopted by the State of California pursuant to Title 24, Part 9 of the California Code of Regulations; and
WHEREAS, the City Council of the City of Los Banos has previously adopted the "California Fire Code, 2016 Edition," including the appendix, which was prepared by the International Conference of Building Officials and Western Fire Chiefs Association, with certain amendments as the Fire Code of the City; and
WHEREAS, after due consideration, the City Council of the City of Los Banos hereby finds that it desires to adopt the most recent version of the California Fire Code as the City's Fire Prevention Code, with certain amendments to provide further safety protections to the citizens of the City of Los Banos; and WHEREAS, California Health & Safety Code Section 18941.5 provides that if a city makes an express finding that building standards that are more restrictive than those standards provided in the international codes are reasonably necessary because of local climatic, geological, or topographical conditions, a city may establish more restrictive building standards; and
WHEREAS, the City Council of the City of Los Banos hereby finds the amendments to the "California Fire Code, 2022 Edition," are reasonably necessary to provide sufficient and effective protection of life, health, and property in consideration of the local climatic, geologic and topographic conditions as stated below; and 1 73
A. During winter months, the San Joaquin Valley experiences thick fog that is a danger to emergency personnel responding to fires and other emergencies and delays response time of emergency vehicles by two to three minutes the normal response time. Fire engines and trucks must greatly reduce their speed in the fog to compensate for appropriate braking distances because of the weight of the vehicles; and B. Merced County is located within an area with potential seismic activity. After a large seismic event, the potential for multiple fires occurring simultaneously will tax available firefighting resources. Built-in fire protection will assist in extinguishing or controlling fires in larger structures, which will increase the availability of firefighting resources after seismic activity; and
C. The City of Los Banos to a great extent lies on a level plain, as a result, heavy rains have historically threatened flooding throughout the City, which can cause delays for emergency response, or in some situations, make it impossible for responders to get to certain areas of the City. Flooding is both a climatic and topographic problem; and D. The City of Los Banos is located in an area subject to a climatic condition of high winds. This environment is conducive to rapidly spreading fires; control of such fires requires rapid response. Obstacles generated by a strong wind, such as fallen trees, streetlights and utility poles, may greatly impact the response time to reach an incident scene;and
E. Due to the topographical conditions of sprawling development separated by two congested state highways, it is prudent to rely on measures to allow for rapid access and entry to an incident scene.
THE CITY COUNCIL OF THE CITY OF LOS BANOS DOES ORDAIN AS FOLLOWS:
Section 1. Section 4-3.01 of Title 4, Chapter 3 of the Los Banos Municipal Code is hereby retitled and amended to read as follows:
Sec. 4-3.01 Adoption of the California Fire Code 2022 Edition.
For the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, that certain Code known as the 2022 California Fire Code (Part 9 of Title 24 of the California Code of Regulations), as published by the International Code Council, together with all Appendices and subsequent additions and editions thereto, one copy of which is on file in the Office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Fire Prevention Code of the City of Los Banos.
Section 2. Section 4-3.07 of Title 4, Chapter 3 of the Los Banos Municipal Code is hereby retitled and amended to read as follows:
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Sec. 4-3.07 Amendments to the California Fire Code 2022 Edition.
The California Fire Code is hereby amended as follows:
Amendment No.1
Chapter 1: Section [A] 102.8 Subjects not regulated by this code.
Section [A] 102.8, Chapter 1 of the California Fire Code, 2022 Edition is amended to read as follows:
Section [A] 102.8. Subjects not regulated by this code. Where no applicable standards or requirements are set forth in this code, or contained within other laws, codes, regulations, ordinances or bylaws adopted by the jurisdiction, compliance with applicable standards of the National Fire Protection Association or other nationally recognized fire safety standards as are approved shall be deemed as prima facie evidence of compliance with the intent of this Code. Nothing herein shall derogate from the power of the Fire Chief to determine compliance with codes or standards for those activities or installations within the Fire Chiefs jurisdiction or responsibility.
EXCEPTION: Recognized standards shall not include any standard which attempts to regulate local authority as to minimum daily staffing levels and incident response levels.
These standards include, but are not limited to NFPA 1710 & 1720.
Amendment No.2
Chapter 1: [A] Section 104.1 General.
Section [A] 104.1 of the 2022 Edition of the California Fire Code is hereby amended to add Section 104.1.1 as follows:
Section 104.1.1 Permits, Fire Suppression, and Inspection Recovery of Costs. The Fire Department shall recover cost that reasonably constitute the cost of fire suppression, inspections, clean-up of chemical spills, the cost of suppression chemicals, material and/or equipment used to mitigate the hazard. Cost recovery against a property owner and/or other responsible person when the act is a result of that person's willful negligence and/or negligence, violation of federal or state statute, or local ordinance.
Amendment No.3
Chapter 1: [A] Section 104.10.1 Assistance from other agencies.
Section [A] 104.10.1, Chapter 1 of the California Fire Code, 2022 Edition, is amended to read as follows:
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Section 104.10.1. Assistance from other agencies. The Fire Chief, Fire Chief Officers and the fire investigation team who have been designated by the Fire Chief shall have the powers of a police officer in performing their duties under this code. Police and other enforcement agencies shall have authority to render necessary assistance in the investigation of fires when requested to do so.
Amendment No.4
Chapter 1: [A] Section 105 Permits
Section [A] 105.6 of the 2022 Edition of the California Fire Code is hereby amended to read as follows:
Section 105.6. The requirements of this section shall be subject to the permits specified in the California Fire Code as adopted and amended. Permits, Inspections, and Plan review fees may be provided by resolution by the City Councilor as provided by the California Building Code and/or California Fire Code and/or Reference to the Building Standards. All required plans and permits shall be submitted to the Fire Department for review and approval prior to issuance of any permits required by this section and/or required by the City.
Amendment No.5
Chapter 5: Section 506
Section 506.1 of the 2022 Edition of the California Fire Code is hereby amended to add Section 506.1 (a) to read as follows:
When access to or within a structure or an area is unduly difficult because of secure openings, where immediate access is necessary for life saving or firefighting purposes, or where an automatic fire suppression and/or standpipe system is installed, or where an automatic alarm system is installed, or where a gate or cross arm impedes ingress through a fire lane, or where the area or building is protected by a locked gate, a key box or a security padlock shall be installed in an accessible location unless otherwise authorized by the Chief. The approved City of Los Banos Fire Department key box shall be a "Knox Box." The Knox Box and security padlock shall be obtained through the City of Los Banos Fire Department. The key boxes shall contain, but not be limited to the following items as designated by the Chief: (i) labeled keys to locked points of egress, whether interior or exterior; (ii) labeled keys to locked mechanical rooms; (iii) labeled keys to any gate or secured areas not installed with a Knox Box or Security Padlock; (iv) labeled keys to any other areas that may be required by the Chief; (v) a list with the names and telephone numbers for the emergency contact persons; (vi) floor plan of the interior building showing locations of shut offs; decals shall be installed/displayed as required by the Chief.
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When hazardous materials as defined in Chapter 27 of the California Fire Code are stored or dispensed or other conditions exist on the premises where information is necessary for life saving or firefighting purposes as determined by the Fire Chief, a Document Storage Box shall be installed in an accessible location unless otherwise authorized by the Chief.
The approved City of Los Banos Fire Department document storage box shall be a "Knox Document Storage Cabinet". The "Knox Document Storage Cabinet" shall be obtained through the City of Los Banos Fire Department. The box shall contain, but not be limited to the following items as designated by the Chief: (i) blueprints; (ii) floor plans; (iii) MSDS hazardous materials information; (iv) any other emergency response related items as required by the Chief.
Amendment No.6
Chapter 9: Section 903 AUTOMATIC SPRINKLER SYSTEMS Automatic Fire Extinguishing Systems
Section 903.2 of the 2022 Edition of the California Fire Code is hereby amended to add Sections 903.2(a) through (m) to read as follows:
a) Notwithstanding any less restrictive provision of Section 903, an automatic sprinkler system shall be provided in the locations described in Sections 903.2.1 through 903.2.12 where the fire area exceeds 5,000 square feet unless the specific section requires an automatic sprinkler system for a fire area of less than 5,000 square feet which in that case the more restrictive provision shall apply. b) (i) In the case of a remodel of an existing building or structure an automatic sprinkler system shall be provided in the locations described in Sections 903.2.1 through 903.2.12 where the fire area exceeds 5,000 square feet, unless the specific section requires an automatic sprinkler system for a fire area of less than 5,000 square feet which in that case the more restrictive provision shall apply, and the total construction cost for the remodel exceeds $100,000 as determined by the City.
(ii) In the case of an addition to an existing building or structure an automatic sprinkler system shall be provided in the locations described in Sections 903.2.1 through 903.2.12 where the fire area exceeds 5,000 square feet or the addition causes the fire area to exceed 5,000 square feet, unless the specific section requires an automatic sprinkler system for a fire area of less than 5,000 square feet, which in that case the more restrictive provision shall apply. (iii) In the case of a change in the type of use or occupancy an automatic sprinkler system shall be provided in the locations described in Sections 903.2.1 through 903.2.12 where the fire area exceeds 5,000 square feet unless the specific section requires an automatic sprinkler system for a fire area of less than 5,000 square feet which in that case the more restrictive provision shall apply. 5 77
c) Fire Control Room. An approved fire control room shall be provided for all buildings protected by an automatic fire extinguishing system. Said room shall contain all system control valves, fire alarm control panels, HVAC duct detector test and reset switches and other fire equipment required by the chief. Fire control rooms shall be located within the building at a location approved by the chief, and shall be provided with a means to access the room directly from the exterior. Durable signage shall be provided on the exterior side of the access door to identify the "Fire Control Room".
d) When residential units require the installation of a NFPA 13D system, the systems water supply will be configured in accordance with the City of Los Banos Improvement Standards.
e) When residential units require the installation of a NFPA 13D system, the system will be a "Stand Alone" wet pipe system.
f) When residential units require the installation of a NFPA 13D system, the system riser must be located within an exteriorwall, with access to the system riser through an exterior access panel door.
g) When residential units require the installation of a NFPA 13D system, a water flow alarm is required to be installed on the exterior of the dwelling in the area of the Master Bedroom window. This water flow alarm will activate anytime the water flow switch is activated.
h) When residential units require the installation of a NFPA 13D system, all pendent sprinkler heads within the living areas will be Concealed pendent sprinklers, flat plate 4.9 K-factor heads.
i) When residential units require the installation of a NFPA 13D system, an inspector test/drain valve must be located on the system at the furthest point of the system from the riser. The inspector's test connections shall contain an orifice equal to or smaller than the smallest sprinkler installed in the system. This valve must be accessible to the home occupant and located behind a metal door cover. A sign attached to the front of the door must state "Fire Sprinkler TestJDrain. j) When residential units require the installation of a NFPA 13D system, a single upright "pilot" head will be installed at the highest point within the attic area. These heads shall be Intermediate-rated sprinklers. Multiple high peaked roof assemblies and/or area separation walls may require additional pilot heads. k) When residential units require the installation of a NFPA 13D system, fire sprinkler piping located in unheated attic spaces shall be completely covered with insulation per the NFPA 13D ANNEX A recommendations.
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I) When residential units require the installation of a NFPA 13D system, complete coverage must be provided within the enclosed garage area. m) Locking Devices Fire Department Connections. Every building equipped with a fire sprinkler system shall be required to install lockable type devices on Fire Department Connection. Said device shall be approved by the Fire Department (Knox Fire Department Connection).
EXCEPTIONS:
1. Where the California Fire Code and/or California Building are more restrictive, the most restrictive occupancy requirements will be followed.
2. Area separation walls, the extent and location of such wall shall provide a complete separation or division to limit the floor area to 5,000 square feet. Separation shall be of Four-hour fire-resistive construction. Four-hour separation walls shall be constructed in accordance with the current California Building Code.
Amendment No. 7
Chapter 9: Section 904 ALTERNATIVE AUTOMATIC FIRE EXTINGUISHING SYSTEMS Installation of fixed Fire Protection Systems
Section 904 of the 2022 Edition of the California Fire Code is hereby amended to add Section 904(a) to read as follows:
a) All fire extinguishing system required in this code and/or the California Building code shall be installed in accordance with the requirements of this Section, and the National Fire Protection Association standards and/or Factory Mutual Engineering.
Amendment No.8
Chapter 9: Section 906 PORTABLE FIRE EXTINGUISHERS
Section 906.1 of the 2022 Edition of the California Fire Code is hereby amended to add Section 906.l(a) as follows:
a) The minimum approved portable fire extinguisher size for all occupancies shall be, 2A: IO-B: Crated. Unless more restrictive by code.
Amendment No.9
Chapter 9: Section 907 FIRE ALARM AND DETECTION SYSTEMS Sprinkler System Supervision
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Section 907.1 of the 2022 Edition of the California Fire Code is hereby amended to add Sections 907. 1 (a) through (f) to read as follows:
a) All automatic sprinkler systems shall be supervised by an approved central station, proprietary or remote station service or a local alarm which will give an audible signal at a constantly attended location. All automatic fire sprinkler systems installed in Group R Division I occupancies as outlined in the 2022 California Building Code are required to be monitored by an approved central alarm monitoring station.
b) Supervisory signal service alarms. Flow switches and/or tamper switches shall be installed on all fire sprinkler system to include gate valves, post indicator valves. c) Annunciator Panel. Annunciator panel means any arrangement of luminaries that indicate a fire condition by location or zone and is activated by a water flow or detection of the products of combustion.
d) Equipment. Every building equipped with a fire alarm system activated by smoke detectors, rate of heat rise detection, water flow alarms, tamper switches, or pull station shall be equipped with an annunciator panel located within the Fire Control Room.
e) When required in Section 907.1 (a) the fire alarm systems will meet the following occupancy requirements:
(1) Strip malls & structures with multiple occupancies -All suites located within a structure equipped with a fire sprinkler system will be required to have a minimum of one (1) audio/visual notification device and one (1) manual pull station located in the area designated by the Los Banos Fire Department. (2) Suites or areas 5000 square feet or greater - All suites or areas 5000 square feet or greater, located within a building equipped with a fire sprinkler system are required to install a full occupant notification fire alarm system.
This system will include an approved manual, combination automatic and manual or automatic fire alarm system in accordance with the provisions of this code and NFPA 72.
f) Anytime an HVAC is required to be equipped with an automatic smoke detector as per the Uniform Mechanical Code, said smoke detector is required to have a remote test/reset switch located within the Fire Control Room.
Amendment No. 10
Chapter 28: Section 2803 LUMBER YARDS AND WOOD WORKING FACILITIES Wood Products, Pallet Storage and Use. Section 2803.1 of the 2022 Edition of the California Fire Code is hereby amended to add
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Sections 2803.1.1 through 2803.1.5 to read as follows:
2803.1.1 Pallets and Palletized Packing boxes. Required permit to store pallets and or palletized items in excess of 30,000 board feet.
2803.1.2 Piles. Pallets shall be piled with due regard to the stability of piles and in no case higher than 12 feet in height. Where pallets are piled next to a property line the distance from the property line shall not be less than one half of the height of the pile and in no case less than five feet.
2803.1 .3 Driveways. Driveways between and around storage piles shall be a minimum of 20 feet wide. And maintained free from accumulation of rubbish, weeds, equipment and materials. Driveways shall be so spaced that a maximum grid system unit of 50 feet by 50 feet is produced. Note exception: Modification of the driveways, clearance or widths required by this section shall be increased or decreased when, in the opinion of the Fire Chief, Clearances of widths are not adequate to provide fire apparatus access. 2803.1.4 Storage. Pallet storage, operating under permit, shall be surrounded with a suitable chain link fence of at least 6 feet in height. 2803.1.5 Fire Protection. An approved water supply and fire hydrants capable of supplying the required fire flows shall be provided to within 150 feet of all portions of the storage piles.
Amendment No. 11
Chapter 56: Section 5608 EXPLOSIVES AND FIREWORKS Fireworks and Pyrotechnic Special Effects Material (Definitions)
Section 5608 of the 2022 Edition of the California Fire Code is hereby amended to add Sub Section 5608.2 through 5608.5 to read as follows:
5608.2 Fireworks - Purpose. It is the intent of the City to reasonably regulate the sale, use, display, and discharge of dangerous and safe and sane fireworks within the City to protect the public health, safety, and general welfare. 5608.2.1. Definitions. For the purposes of this section, unless otherwise apparent from the context, certain words and phrases used in this section are defined as follows.
A. "Dangerous fireworks" means any fireworks specified as such in the State Fireworks Law, Section 12505 and 12561 of the Health and Safety Code of the State Of California, and such other fireworks as may be determined to be dangerous by the state fire marshal.
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B. "Safe and Sane Fireworks" as defined in Section 12529 of the Health and Safety Code the State of California, means any fireworks, which do not come within the definition of "dangerous fireworks" or "exempt fireworks".
C. "Eligible Organization" means an organization which has met all of the following criteria for a continuous period of not less than two full years preceding submittal of an application for permit required by this section 16 (and which continues to do so thereafter).
1. The organization must be qualified pursuant to Internal Revenue Code Sections 501(c)3, 4, 6, 7,8, 10, 19,23, or 26, Section 501(d), Section 501(e);
2. The organization must be headquartered within and clearly affiliated or identified with the City of Los Banos;
3. The organization must be one which provides direct and regular community services and benefits to the citizens of the City of Los Banos;
4. The organization must hold its regularly scheduled meeting within the City of Los Banos; and
5. Has a minimum membership of ten (10) members continuously.
D. "Fireworks Stand" means any building, counter, or other structure of a temporary nature used in the sale or offering for sale of Safe and Sane fireworks pursuant to a permit duly issued.
5608.2.2. Possession, Sale, Use, Display, Discharge of Dangerous Fireworks.
A. It shall be unlawful to possess, sell, use, display, or discharge within the City of Los Banos "dangerous fireworks" except as permitted by the provisions of this Section.
B. It shall be unlawful for any person having lawful possession or control of private property, including but not limited to an owner, renter, lessee, to permit any person to possess, sell, use, display, or discharge within the City of Los Banos "dangerous fireworks" except as permitted by the provisions of this Section. 5608.2.3. Possession, Sale, Or Use Of Safe and Sane Fireworks. It shall be unlawful to possess, sell, use, display, or discharge within the City of Los Banos "safe and sane fireworks" except as permitted by the provisions of this Section. 5608.2.4. Permit for Sale of Safe and Sane Fireworks. It shall be unlawful for any person to possess, store, to offer for sale, or sell safe and sane fireworks within the City of Los Banos without a valid permit from the fire department. The fire chief shall have the authority to adopt reasonable rules and regulations for the granting of permits for the sale 10 82
of safe and sane fireworks by eligible organizations. The fire chief shall also have the authority to adopt reasonable rules and regulations for the safe operation of firework stands.
5608.2.5. Application for Permit to Sell Safe and Sane Fireworks. Permits to sell safe and sane fireworks shall be issued by the fire department as follows:
A. All applications for permits shall be in writing and delivered to the fire chief on forms supplied by the fire department, and shall include all documentation and proof required by the rules and regulations established by the state fire marshal and the fire chief. All application materials must be complete to be accepted by the fire department.
B. Applications may be filed beginning the first business day of August of each year up to and including 5 p.m. the last working day in September of the same year or at other dates and times as determined by the Fire Chief. No application shall be received after 5 p.m.
C. Applications shall be signed by a bona fide officer of the non-profit organization wherein the officer, on behalf of the organization and its agent, shall agree to abide by all state laws, all administrative regulations, all city ordinances, all rules and regulations promulgated by the Fire Chief and the terms and conditions of the permit.
D. Applications shall identify the name of the organization, the organization charter or mission statement, the address of the principal meeting place and mailing address, number of members, the purpose of the organization and the date it came into existence.
E. Application fees: the applicant shall pay a non-refundable twenty-five $25.00 dollar fee. The fee is required to be paid at the time application is submitted.
F. Permit Fee: $250.00 paid prior to permit issuance.
G. Except as provided in subsection (H), the maximum number of permits which may be issues and the maximum number of "safe and sane fireworks" stands that will be permitted pursuant to this section 16 during anyone calendar year shall not exceed one permit for each five thousand (5,000) residents of the City of Los Banos, or fraction thereof, based on the State of California Census Estimate. The official Census Estimate shall be the latest estimate published before the end of the filing period.
H. Exempt Permit: in addition to the maximum number of permits set forth in subsection (G) herein, the Fire Chief may at the direction of the City Manager, issue one additional permit ("exempt permit") to an eligible organization, as defined 11 83
in Section 5608.2.1, for the sale of safe and sane fireworks pursuant to the following provisions:
1) The City Manager in his or her sole discretion may waive the requirement that the organization receiving the exempt permit has met the criteria for a continuous period of not less than two years prior to submittal of an application for a permit as set forth in Section 5608.2.1 C; 2) The organization receiving the exempt permit shall dedicate to the satisfaction of the City Manager all of the proceeds from the sale of safe and sane fireworks to sponsoring or contributing to a public fireworks display in celebration of the Fourth of July in the City of Los Banos; 3) The organization receiving the exempt permit shall be subject to and agree to all other conditions of approval deemed necessary by the City as a prerequisite to issuing the permit.
5608.2.6. Issuance of Permits. Only eligible organizations that have submitted a timely and complete application accepted by the fire chief and that have been drawn from a pool of accepted applications will be permitted to sell safe and sane fireworks.
A. If the number of accepted applications exceeds the maximum number of permits which may be issued in a calendar year; accepted applicants for a permit will be selected by lot on the first working day of October at I p.m. at Fire Station One or at another time and location as determined by the fire chief. Successful and unsuccessful applicants will be notified by mail.
B. By April 1 , each successful applicant shall provide to the fire chief; a site plan with the location of the fireworks stand; a written letter from the property owner indicating permission to sell safe and sane fireworks on the site; the permit fee; proof of insurance, one million dollars public liability, property damage, and product liability insurance policies with riders attached to the policies designating the City of Los Banos as an additional insured. Applicants that do not submit the required information by the April 1 deadline shall not be issued a permit.
C. Permits will be effective only when delivered by the fire department after the final inspection of the fireworks stand shows compliance with all the requirements established by the fire chief or this section for the operation of a fireworks stand.
D. A permit entitles the holder of the permit to one fireworks stand, which shall operate on the location identified on the permit.
E. Two or more qualified applicants may be issued a permit as a joint venture.
F. Permits issued pursuant to this section are valid only during the calendar year issued.
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G. Permits issued pursuant to this section are not transferable. 5608.2.7. Fireworks Stands. When all application requirements have been completed, fees have been paid and the stand location has been approved, the fire department shall authorize the erection of the stand. The stand shall be inspected and approved by the Fire Chief or his/her designee, prior to the sale of any fireworks from said stand. The sale of fireworks from any other building or structure is prohibited. Temporary fireworks stands shall be subject to the following provisions:
A. Fireworks stands shall be located only upon property that is zoned for commercial or industrial uses.
B. Fireworks stands shall be located on improved property, i.e. paved, cement parking lots.
C. Fireworks stands shall be 35 feet from the public right-of-way and 35 feet away from existing structures.
D. No smoking signs shall be posted on all four sides and inside the fireworks stand indicating "No Smoking within 35 feet".
E. Fireworks stands shall not interfere with normal traffic patterns in private parking lots.
F. Fireworks stands shall be constructed of substantial material to provide security and safe sales operation.
G. Permits to sell safe and sane fireworks shall be posted in a conspicuous location within the interior portion of the fireworks stand.
H. A sign shall be affixed to the front of the exterior portion of the fireworks stand in letters at least six inch in height, identifying the name of the nonprofit organization to which the permit to sell safe and sane fireworks was issued.
I. No electrical service shall be allowed in or within 25 feet of the firework stand, to include fuel powered generators or similar equipment.
J. Fireworks stands shall have two working, currently serviced, two and one-half gallon water extinguishers. Extinguishers shall be readily accessible.
K. During hours of non operation fireworks shall be stored in an enclosed locked cargo container on site, in a location approved by the fire chief. The storage container shall have placards on all four sides and have signage posted indicating "No Smoking" within 35 feet.
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L. Wholesale storage of safe and sane fireworks importer/distributors is not allowed in the city.
M. The fireworks stand shall be removed from the temporary location and all unsold stock and accompanying litter shall be removed from the location by five p.m., on July 5th. Failure to dismantle and/or remove any fireworks stand may result in the removal of the fireworks stand by the Fire Department or designee at the sole expense of the holder of the permit.
5608.2.8. Regulations.
A. Fireworks stands may be operated only from the hours of 8 a.m. to 8 p.m.
B. No safe and sane fireworks shall be sold before 12 noon on the twenty-eighth (28th) day of June or later than 8 p.m. on the fourth (4th) day of July.
C. It shall be unlawful to sell fireworks to persons under the age of 18 years old.
D. It shall be unlawful for the permitted organization to permit any person other than the permitted organization to operate the fireworks stand for which the permit is issued or to otherwise participate in the profits of the operation of such stand.
E. It shall be unlawful for the permitted organization to permit any person other than the individuals who are members of the permitted organization, their spouses or adult children, or volunteers whom no compensation is paid, to sell or otherwise participate in the sale of safe and sane fireworks at such stand.
F. No one under the age of 16 years old shall be allowed in the fireworks stand at any time.
G. Each organization which receives a permit must have at least two of its members attend an operator safety seminar provided by the fireworks company. 5608.2.9. Revocation of Permits
A. Any violation of this section or other city ordinances or policies, or the terms and conditions of the permit, or state laws or administrative regulation, or safety rules of the fire department, shall be grounds for the immediate revocation of the permit.
All officers and members of the organization shall be responsible for compliance with all of the provisions of this section.
B. The fire chief or his designee shall be authorized to suspend immediately and without notice or formal hearing the permit of any holder of a permit which violates any rule, regulation or ordinance while operating or preparing to operate a fireworks stand during or immediately preceding any period of sale. If the fire chief or his designee establishes that a violation has occurred too late to suspend the 14 86
permit during the period of sale, he shall have power to suspend the holder of the permit from applying for future permits.
C. The decision of the fire chief or his designee to suspend the permit shall be subject to review by the city manager, forthwith. In view of the limited sales period each year, for suspensions affecting the sale period, such hearing shall be held at the earliest possible time that the holder of the permit, city manager or his designee, and the representative of the Fire Chief can schedule a meeting for such review.
For suspensions after the sale period the hearing shall be within one month after the request for hearing, which request must be made within fifteen days after notice of the suspension. The city manager or his designee is authorized to set aside the suspension, or to modify the suspension by limiting its effect to only one or more days, or by setting aside the forfeiture for future years. The decision of the city manager or his designee shall be final.
5608.2.10. Seizure of Fireworks
The Fire Chief or the designee thereof, shall seize, take, remove, or cause to be removed, at the expense of the owner, all stocks of fireworks offered or exposed for sale, stored, or held in violation of this section.
5608.2.11. Restrictions.
A. It is unlawful for individuals under eighteen years of age to sell, purchase, or possess, "safe and sane fireworks."
B. It is unlawful for individuals under eighteen years of age to discharge, explode, fire, or set off any "safe and sane fireworks" unless such minor does so under the direct supervision of a person over 18 years of age and during the hours and on the days permitted by this section.
C. It shall be unlawful to discharge any "safe and sane fireworks" except from the first day of July to the fourth day of July during the hours of 9:00 a.m. to 10:00 p.m.
D. It shall be unlawful to ignite or otherwise use any "safe and sane fireworks," or permit the discharge thereof, upon, over, or onto the property of another without his/her consent.
E. It shall be unlawful for any person having the care, custody, or control of a minor (under 18 years old) to permit such minor to discharge, explode, fire, or set off any "dangerous fireworks," at any time, or to permit such minor to discharge or set off any "safe and sane fireworks" unless such minor does so under the direct supervision of a person over 18 years of age and during the hours and on the days permitted by this section.
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F. It shall be unlawful to discharge any "safe and sane fireworks" except on private property and as otherwise provided in this section. No fireworks shall be discharged on public, semipublic, or private open areas such as parking lots, vacant properties, or in a public street or right-of-way, or in public parks.
Exception: It shall be lawful to discharge Safe and Sane Fireworks in the public street only if street closure has been approved by the City Council for a block party. The applicant shall provide a site plan with the Street Closure application indicating the location in the street where Safe and Sane Fireworks are to be discharged. Said location shall be approved by the Fire Department.
G. Person or persons in violation of this section will be caused for immediate seizure of fireworks and citation. Improper use of fireworks or unsafe use of fireworks or use of fireworks in an area considered hazardous by the fire chief or designee shall cause immediate seizure of fireworks and citation.
5608.2.12. Permit for Public Displays of Fireworks. Public Display of fireworks, as defined in the State Fireworks Law, Section 12500 et seq of the Health and Safety Code, may be conducted subject to all the terms and provisions therein contained provided that a permit therefore has been granted by the fire chief. Such public displays, in addition, shall be subject to all rules and regulations contained in the Fire Code.
The Fire Chief shall have authority to adopt reasonable rules and regulations for the granting of permits for those activities contained in Section 12640 of the Health and Safety Code of the state of California, including supervised public displays of fireworks by a jurisdiction, fair association, amusement park, other organization, or for the use of fireworks by artisans in pursuit of their trade. Each such use or display shall be handled by a licensed pyrotechnic operator as defined by Section 12527 of the Health and Safety Code of the state of California, and shall be of such character and so located, discharged or fired as in the opinion of the fire chief or his designee, after proper investigation, will not be hazardous or endanger any person.
5608.2.13. Penalties for Violations. Any person violating any provision of this section shall be guilty of a misdemeanor and shall be subject to criminal prosecution, civil remedies, administrative fines and penalties, and any other remedies available to the city for enforcement of this code.
5608.2.14. Concurrent Authorities. This section is not the exclusive regulation for the fireworks within the City of Los Banos. This section shall supplement and be in addition to the other regulatory codes, statutes, regulations, and ordinances heretofore and hereinafter enacted by the City of Los Banos, the State of California, or any other legal entity or agency having jurisdiction.
Any provisions of the City of Los Banos in conflict herewith are hereby repealed. This section supersedes any conflicting provisions of the Uniform Fire Code and Uniform Building Code.
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5608.3. Administrative Enforcement for Fireworks - Purpose and Scope A. This Section provides for the imposition, enforcement, collection, and administrative review of all administrative fines, related to: (1) the possession, use, storage, sale and/or display of those fireworks classified as "dangerous fireworks" in California Health and Safety Code Sections 12500, et seq., with the exception of a pyrotechnic licensee when operating pursuant to that license; and (2) the sale, use, and/or display of "safe and sane fireworks" as defined in California Health and Safety Code Sections 12500 et seq. on or at dates, times and/or locations other than those permitted by this Section.
B. The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the city authorized hereunder; and the issuance of a citation to any person constitutes but one remedy to redress violations of this code by any person. By adopting this Section, the city does not intend to limit its authority to employ any other remedy, civil or criminal, to redress any violation of this code or state law by any person.
C. The imposition of fines related to "dangerous fireworks" under this Section shall be limited to persons who possess, sell, use and/or display, or the seizure of, 25 pounds or less (gross weight) of such dangerous fireworks.
D. Fines collected pursuant to this Section related to "dangerous fireworks" shall not be subject to Health and Safety Code Section 12706. However, the city shall provide cost reimbursement to the State Fire Marshal for the transportation and disposal of "dangerous fireworks" seized by the city where applicable. These costs will be included in any administrative fines imposed under this Section. 5608.4. Enforcement Procedures and Fines
Administrative enforcement including the amount of administrative fine for this Section shall be pursuant to the procedures set forth in Chapter 11 of Title 4 of the Los Banos Municipal Code.
5608.5. Manufacturing of Fireworks
The manufacturing of fireworks within the City is prohibited, except under special permit as required by local and state regulations.
Amendment No. 12
Chapter 57: Section 5704 STORAGE
Section 5704.1 of the 2022 Edition of the California Fire Code is hereby amended to add Sections 5704.2.9.6(a) through (b) to read as follows:
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a) Restricted Location and Fire Protection. The storage of flammable or combustible liquids in above ground tanks shall be restricted to those areas of the City as follows: Light Industrial District (LI) and General Industrial (I) except as provided by use permits in the General Commercial District (C2) and Highway Commercial District (HC). All existing nonconforming tanks, which substantially comply with or are made to comply with the requirements of this code, may remain in use.
b) Location of Bulk Plants or Terminals. The construction of new bulk plants and/or terminals for the storage of flammable, combustible, or hazardous liquids shall be restricted to those areas of the City in the Light Industrial District (LI) and General Industrial District (I). All existing nonconforming bulk plants for the storage of flammable or combustible liquids, which substantially comply, with the requirements of this code may continue use.
Amendment No. 13
Chapter 61: Section 6101 LIQUEFIED PETROLEUM GASES
Section 6101.1 of the 2022 Edition of the California Fire Code is hereby amended to add Section 6101.1(a) to read as follows:
a) Restricted Location and Installation. The storage of Liquefied Petroleum gas in above ground storage tanks shall be restricted to those areas of the city as follows. Light Industrial District (LI) and General Industrial (I) except as provided by use permit in the General Commercial District (C2) and Highway Commercial District (HC). All existing nonconforming facility, which substantially comply with or are made to comply with the requirements of this code, may remain in use.
Section 3. The City Council finds that the changes made to the uniform codes are enacted to mitigate the threats posed to public peace, health and safety from earthquakes and fire. In this regard, the recitals set forth in this Ordinance are incorporated herein by reference a findings.
Section 4. To the extent that the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior city ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with the respect to the subject matter thereof and such inconsistent or conflicting provisions of prior ordinances, motions, resolutions, rules or regulations are hereby repealed.
Section 5. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this 18 90
Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that anyone or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.
Section 6. California Environmental Quality Act (CEQA) Guidelines section 15060(c)(2) states that a project is not subject to CEQA review where the activity will not result in a direct or reasonably foreseeable indirect physical change to the environment.
CEQA Guidelines Section 15061 (b)(3) states that a project is exempt from CEQA "where it can be seen with certainly that environment." The approval of the code amendments and adoptions set forth in this Ordinance does not approve any physical development project, and it would not result in a direct or indirect physical change in the environment.
Therefore, these code amendments would not have the potential to result in individually or cumulatively significant effects on the environment and these code amendments are exempt from review under CEQA.
Section 7. This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 8. This Ordinance shall go into effect and be in full force and operation thirty (30) days after its final passage and adoption. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
Introduced by Council Member ___ and seconded by Council Member __ _ on the __ day of ____ , 20_.
Passed on the __ day of _____ , 20_ by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Mayor
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ATTEST:
Lucille L. Mallonee, City Clerk
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CITY OF LOS BANOS
NOTICE OF PUBLIC HEARING
TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF ADOPTION BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE AND RELATED 2022 EDITION CODES TO THE CITY OF LOS BANOS'
BUILDING CODE ORDINANCE
WHERE: City Council Chambers
520 J Street
Los Banos, California
WHEN: October 5, 2022
6:00PM
NOTICE IS HEREBY GIVEN that the Los Banos City Council will conduct a Public Hearing to receive public comment and consider amedment to the City of Los Banos Building Code Ordinance by adoption by reference the California Building Code 2022 Edition and related 2022 Edition Codes.
Title 8, Chapter 1, Building Codes, of the City of Los Banos Municipal Code, incorproates the California Building code plus locally adopted amendments to the codes and is known as the Building Codes of the City of Los Banos. The Los Banos City Council will consider an Ordnance, which if adopted will substantially revise Title 8, Chapter 1 of the Los Banos Municipal Code as it relates to the California Building Code by adoption by reference the California Building Standards Code 2022 Edition; the California Building Code 2022 Edition; the California Energy Code 2022 Edition; the California Historical Bulding Code 2022 Edition; the California Referenced Standards Code 2022 Edition; the California Electrical Code 2022 Edition; the California Mechanical Code 2022 Edition; the California Administrative Code 2022 Edition; the California Exisitng Building Code 2022 Edition; the California Green Building Standards Code 2022 Edition; the California Residential Code 2022 Edition; and the California Plumbing Code 2022 Edition.
THE PUBLIC HEARING WILL BE HELD at the regular meeting of the Los Banos City Council on Wednesday, October 5, 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. Copies of the primary code and also copies of the secondary codes, if any, being considered for adoption, are on file with the City Clerk, and are open for public inspection.
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 93 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.
CITY OF LOS BANOS
Stacy Souza Elms,
Community and Economic Development Director
94 LOsBanos
10 10,ul >{ al,fm ni
Agenda Staff Report
TO: Mayor Pro Tern Lambert and City Council Members
FROM:
DATE:
Stacy Souza Elms, Community and Economic Development Director~ October 19, 2022
TYPE OF REPORT: Public Hearing
SUBJECT: Consideration to certify the Environmental Impact Report (EIR) on General Plan 2042 and the Annexation Ordinance, to adopt General Plan 2042, and to adopt the Annexation Ordinance.
Recommendation:
Staff is requesting the City Council open the public hearing, receive public comment, close the public hearing, and consider the following actions:
1. Adopt a Resolution approving and certifying the Final EIR and Approving the Los Banos General Plan 2042; and
2. Waive the first reading and introduce by title an Ordinance to Amend Title 9 of Chapter 3 of the Los Banos Municipal Code as it relates to Annexations.
Background:
Role of the General Plan
The Los Banos General Plan is a document required under California law and adopted by the City Council to address issues related to physical development and conservation of City resources. the Los Banos General Plan 2042 serves the following purposes:
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• It outlines a long-range vision that reflects the aspirations of the community and provides steps to achieve this vision;
• It establishes long-range development policies that will guide the Planning Department, Public Works Department, Planning Commission, Airport Advisory Commission, Parks and Recreation Commission, Traffic and Safety Committee, and City Council decision making;
• It provides a basis for judging whether specific development proposals and public projects are in harmony with plan policies;
• It allows City departments, other public agencies, and private developers to design projects that will enhance the character of the community, preserve environmental resources, and minimize hazards; and
• It provides the basis for establishing and setting priorities for detailed plans and implementing programs, such as the Zoning Ordinance, subdivision regulations, specific and area plans, and the Capital Improvement Program.
General Plan Update Process
The General Plan update was initiated in late 2017. The process included existing conditions data gathering, community engagement at the 2018 May Day Fair, recommendations for General Plan policy revisions to respond to legislative requirements enacted since 2009, an analysis of the competitiveness and feasibility of potential business park development in Los Banos, and preparation of a new Downtown Strategic Plan, which was approved by City Council in February 2020. Throughout each of these steps, the City sought feedback from the community, property owners, business owners, and Planning Commissioners and City Councilmembers. The Draft General Plan 2042 was published for public review on June 17, 2022 (Attachment 3).
While developing the updates to the General Plan, and during the public review period of the Draft General Plan, staff met with interested organizations, such as the Grassland Water District, Merced County Farm Bureau, Central California Irrigation District, and Los Banos Unified School District, to understand and mitigate their concerns.
Public feedback from community events and City Council and Planning Commission study sessions has been incorporated into the planning process and helped shape the policies and actions. Additionally, special stakeholder interviews were also held to refine draft policies. All of the documents, maps, and meeting agendas were made available for public download through the General Plan update website at www.losbanos2042.org, which offers information in both English and Spanish.
On September 28, 2022, the Los Banos Planning Commission held a duly noticed public hearing, received testimony, and recommended to the City Council by Resolution 1.) Certification of the Final Environmental Impact Report (FEIR); 2.) Adoption of General Plan 2042; and 3.) Annexation Ordinance.
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Discussion:
Components of General Plan 2042
11 Economic Development. This chapter provides the economic framework for development in Los Banos and outlines associated policies and implementing actions. " Land Use. This chapter provides the physical framework for development in the city.
It establishes policies and implementing actions related to the location and intensity of new development and city-wide land use policies.
" Circulation. This chapter includes policies and implementing actions to maintain efficient circulation. It identifies future street and bikeway improvements and addresses alternative transportation modes and parking. " Housing. This chapter identifies the housing needs of the city for all income levels and strategies and policies for providing housing to meet those needs. Since the Housing Element is updated more frequently than the other elements, it exists as its own document outside of the proposed General Plan 2042 and is not part of the proposed project.
■ Parks, Open Space, and Conservation. This chapter outlines policies and implementing actions relating to regional and local parks and recreational facilities and preserved open space. It also addresses policies and implementing actions relating to habitat and biological resources, water quality, air quality, and historic and archaeological resources.
■ Safety and Noise. This chapter addresses the risks posed by natural disasters, such as seismic and geologic hazards, flooding, wildfire, as well as climate change. It addresses public safety services, including police and fire. This chapter also includes policies and land use compatibility standards to limit the impacts of noise sources throughout the city.
• Public Facilities and Services. This chapter outlines policies and implementing actions relating to schools, libraries, and institutions of higher learning. The chapter also addresses local utilities, such as water and wastewater. • Implementation and Monitoring. This chapter includes details on how the proposed General Plan 2042 will be implemented.
All Elements of General Plan 2042 express the following themes and objectives of the plan:
■ Provide for balanced and sustainable growth. Create and maintain a cohesive development pattern amidst the agriculture landscape, with clearly defined urban edges. An urban boundary is created to protect Los Banos' surrounding lands from sprawl, reduce the cost of extending costly infrastructure, and enhance the visual character of the city's edge. Land use policies are enacted to reduce incompatible land uses and ensure developments pay for their share of infrastructure, public facilities, and any environmental costs they might impose. 3 97
~ Create new jobs to develop the local economy. Strive for more local jobs and an improved jobs/housing ratio. Land has been set aside in 'employment centers' at various parts of the city, and economic development initiatives have been proposed to help make Los Banos a desirable place to work and live.
Integrate neighborhoods and neighborhood centers. Build quality neighborhoods and maintain a quality urban environment. Balanced neighborhoods include a mix of residential types and intensities and include activities and facilities that are used on a frequent basis- such as schools, stores, and parks. Land uses are designated to ensure balanced neighborhood development with a mix of uses and housing types, provision of parks and schools, and easy access to commercial activity centers. ■ Create a network of parks and open space. In addition to neighborhood and community parks, create an interconnected network of pathways and trails. This system is envisioned to connect neighborhoods to one another and to create a pedestrian or bikeway linkage between parks, schools, neighborhood commercial centers, downtown, and employment centers.
• Create a safe, efficient, and equitable circulation system for all users. Establish a comprehensive set of principles and policies to enhance the existing system and promote a well-integrated and coordinated transit network and safe and convenient pedestrian and bicycle circulation. Establish a system of plantings, trees, and other amenities to add pleasant visual character to Los Banos' streets. ■ Provide ample retail and shopping opportunities. Create quality retail outlets and a mix of retail sites to ensure jobs and sales tax revenue. These are intended to serve both local residents and a regional population and are to be accessible by both automobiles and pedestrians, depending on type and location. • Plan for environmental justice. Senate Bill (SB) 1000, the Planning for Healthy Communities Act, was passed in 2016 and requires that General Plans address environmental justice for disadvantaged communities that exist within the planning area of the General Plan. California law defines "environmental justice" as the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies.
• Respond to State law requirements. As previously described, the proposed General Plan 2042 builds off the current General Plan by incorporating similar topics and revising or adding new goals, policies, and actions that are required by State law.
Table 3-2, General Plan 2042 Updates Required by State Law, provides a list of the key State laws that are addressed in the General Plan 2042, a summary of the purpose of the law, and the element that addresses the law.
General Plan 2042 Proposed Planning Boundary Changes
General Plan 2042 includes changes to the Urban Growth Boundary (UGB) and Sphere of Influence (SOI) and establishes a new proposed Area of Interest (AOI). 4 98
The UGB is created and solely defined by the City and represents land that the City anticipates for future annexation within the next 20 years. The current UGB extends beyond the city limit to the north, south, and west, and remains within the city limit to the east. The current UGB encompasses approximately 13,000 acres or 20 square miles.
The proposed UGB would remain contiguous with the current UGB to the north; extend further to the east to follow the existing city limits in between the San Luis Canal and Arroyo Canal north of SR-152; and would be contiguous with Pioneer Road to the south.
The proposed UGB would encompass approximately 12,200 acres or 19 square miles.
The SOI is defined and determined by Merced LAFCO, although the City can propose the area that it would like its SOI to include. As part of the proposed project, the City is proposing changes to the currently approved SOI (2004 SOI) and not the SOI shown on the current General Plan Land Use Map. The SOI shown on the current General Plan Land Use Map was never formally approved or denied by Merced LAFCO. As shown on Figure 3-5, the 2004 SOI is within the current UGB to the north, extends beyond the current UGB and beyond and partially along the Arroyo Canal to the east, extends below Pioneer Road to the south, and is within the current UGB to the west. The 2004 SOI is roughly 11,200 acres or 18 square miles. The proposed SOI would extend further north, east, and west of the 2004 SOI, but would remain contiguous with the 2004 SOI border to the south. The proposed SOI would be approximately 14,500 acres and 23 square miles.
The proposed General Plan would establish the AOI for the first time; the City does not currently have a formal AOI. The proposed AOI indicates an area where the City believes that significant changes bear a relationship to Los Banos and the Los Banos community should be able to participate in land use and transportation decisions. It encompasses a total of approximately 8,000 acres or 13 square miles, with approximately 4,900 acres or 8 square miles of land to the north of the proposed SOI and approximately 3,100 acres or 5 square miles of land to the south of the proposed SOI. The AOI has been added in consultation with Merced LAFCO and Merced County, consistent with adopted LAFCO policies that "recognize areas outside the sphere of influence boundary that reflect unique coordinated planning areas agreed to between the City, County and/or urban service district." The City has no jurisdiction in the AOI or the SOI and the AOI is not considered for urban development or annexation by the City within the 20-year planning horizon of the General Plan 2042.
General Plan 2042 Land Use Map
The updated General Plan 2042 land use map carries forward the majority of existing designations and does not represent a significant change to the City's overall land use vision. The land use map envisions the following structure for Los Banos:
• The core of downtown would remain Mixed Use, and the Mixed Use designation is expanded southeast along J Street between Seventh Street and Pacheco Boulevard to provide additional flexibility to allow existing uses to remain, and to create opportunities for new projects as anticipated in the Downtown Strategic Plan.
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• Designating sites along Overland Avenue, Mercy Springs Road, San Luis Street, and Santa Rita Avenue for High Density Residential to ensure the City has sites available to meet future demand for multifamily residential. • Commercial uses are concentrated along both sides of Pacheco Road and Mercy Springs Road, and some scattered Commercial designations are added along and near Pacheco Boulevard to serve both residents, visitors, and the surrounding region.
• Important Industrial and Employment Park nodes are located southeast of the intersection of Pacheco Boulevard and Ward Road, in the northwest part of the city around the intersection of Willmott and H Street and the existing airport site.
The Industrial designation is also expanded along the north side of Pacheco Road within the "peninsula" of the City limits east of the San Luis Canal (around AmeriGas).
• The western entrance to the city would extend the Pacheco Road commercial corridor, with Employment Park and Professional Office uses to the south and Employment Park, Medium Density Residential and Low Density Residential uses to the north.
• Remaining land outside of these job growth areas and within the Urban Growth Boundary is designated for residential uses, including Low Density Residential and Medium Density Residential. Civic/Institutional and Park uses are designated for existing and new residential areas.
• Relocation of the Airport to a site outside of the Planning Area and relocation of the hospital west of Los Banos Creek.
• Civic/Institutional designation is applied on scattered sites to reflect the location and extent of existing and future public uses including the cemetery, schools, and public facilities.
• Continued planning for a future SR 152 bypass north of town. Within this designation, farming activities would be allowed to continue, but new structures, including in support of agricultural operations, will not be allowed, in order to keep the land clear for a possible future bypass.
Annexation Ordinance
At the same time as adopting the updated General Plan, the City is also considering adoption of a new Annexation Ordinance to implement General Plan policies related to annexation. The proposed new Annexation Ordinance would establish annexation application eligibility criteria and the findings necessary for annexation application approval by the City prior to submittal to Merced County LAFCO. The Annexation Ordinance also includes requirements for Specific Plan contents. Specific Plans will now be required for significant new areas annexed to the City. The ordinance would not change the specific legal process for annexations, which requires input from residents or property owners and are subject to Merced County LAFCO review and approval.
The Annexation Ordinance would be an addition to and revision of Los Banos Municipal Code Title 9, Planning and Zoning (Attachment 2).
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Environmental Impact Report
As required by the California Environmental Quality Act (CEQA), the City has prepared an EIR to address the environmental effects associated with adoption and implementation of General Plan 2042. Because of the long-term planning horizon of the proposed project and the permitting, planning, and development actions that are related both geographically and as logical parts in the chain of contemplated actions for implementation, the EIR was prepared as a program EIR, pursuant to Section 15168 of the CEQA Guidelines.
The CEQA environmental review process started on January 18, 2022, with issuance of a Notice of Preparation ("NOP") of an EIR. A 30-day public comment period for the NOP ended on February 16, 2022. A virtual public scoping meeting was held on January 26, 2022, to accept public input on environmental topics to be analyzed in the EIR and approaches to the impact analyses. During this time, the City received comment letters from a variety of State and local agencies as well as several organizations and members of the public. Issues of particular concern to agencies and interested members of the public during the environmental review process included:
• Conservation of groundwater
• Adequacy of existing water supply and increased water demand • Water quality impacts
• Adequacy of storm water drainage infrastructure
• Loss of prime farmland and soils
• Protection of farmland
• Protection of cultural resources and tribal cultural resources • Protection of biological resources, including wetlands • Adequate public services and infrastructure to accommodate new growth • Effects of cumulative development
A Notice of Availability was issued on June 17, 2022. The Draft EIR was distributed to local, regional, and State agencies and the general public was advised of the availability of the Draft EIR. The Draft EIR was made available for review to interested parties on the City's website at: http://losbanos2042.org/ (Attachment 4 ). The City held a virtual public hearing to receive comments on the Draft EIR on July 14, 2022.
The EIR evaluation included a detailed analysis of impacts in seventeen (17) environmental disciplines or issues, analyzing the General Plan 2042 and alternatives to the General Plan 2042, including a No Project Alternative. The EIR discloses the environmental impacts expected to result from the construction and operation of future development under the General Plan 2042. The Draft EIR identified the following impacts that can be reduced to a less-than-significant level with mitigation measures:
• Odors from operation of new industrial land uses
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• Excessive short-term vibration from construction activities associated with potential future development projects
The Draft EIR identified the following impacts, which can be mitigated somewhat by General Plan policies and actions, but which would not be able to be mitigated to a lessthan-significant level and would therefore remain significant and unavoidable. • Potential loss of prime agricultural lands
• Emissions of long-term criteria air pollutants, including emissions of Volatile Organic Compounds (VOC), Nitrogen Oxides (NOx), Carbon Monoxide (CO) and pollutant emissions affecting sensitive receptors
• GHG emissions that would be inconsistent with long-term State GHG emission reduction goals
• Noise effects on sensitive receptors
• Traffic noise levels
• Vehicle miles traveled (VMT) per service population that exceed the VMT threshold Where possible, General Plan 2042 policies and actions, and mitigation measures were identified to avoid or minimize each of these significant environmental effects. In addition, the City committed to implementing measures in order to reduce the direct and indirect impacts that will result from General Plan 2042 activities.
The Draft EIR was made available for public review for a 45-day public review period through August 1, 2022. The City received a total of five comment letters on the Draft EIR, which included two from governmental agencies and three from private organizations.
The Final EIR was published on September 23, 2022 (Attachment 5). The Final EIR contains responses to comments received on the Draft EIR. The Final EIR also contains corrections, clarifications, and changes to the text and analysis of the Draft EIR, where warranted. The EIR consists of two documents: the Draft EIR issued in June 2022 and the Final EIR issued in September 2022.
Changes in response to stakeholder input
During the public review period of the Draft General Plan and Draft EIR, City staff continued to receive comments from and meet with local stakeholders. As noted above, the Final EIR includes the City's formal response to all comments received on the EIR. In addition, the City is proposing changes to General Plan 2042 to be responsive to the concerns and suggestions raised by stakeholders. These changes are presented in Attachment 6, Summary of Changes to General Plan 2042 and the Annexation Ordinance. They include:
• Revising policy text in the Land Use Element to clarify that land requested to be annexed must be entirely inside the SOI.
• Additional detail in policies in the Parks, Open Space, and Conservation Element to clarify requirements for biological resources assessments. 8 102
• A new policy in the Parks, Open Space, and Conservation Element to establish and implementing an agricultural mitigation program, with consistent standards based on Merced County's Agricultural Land Mitigation policy. • Refinements to policies in the Public Facilities and Services Element to work with the Central California Irrigation District (CCID) regarding water rights on annexed land.
• Addition of new policies in the Public Facilities and Services Element to strengthen water quality protection, regulate stormwater runoff from new development, monitor quality and quantity of stormwater runoff into CCID and Grassland Water District (GWD) canals, and work with CCID and GWD to develop a regional stormwater plan.
The Summary of Changes document also provides revisions to the Annexation Ordinance to maintain consistency with these revised General Plan policies (Attachment 6).
Public Comment:
A public hearing notice was published in the Westside Express on October 5, 2022. As of the date of this staff report, two comments were received: 1.) Merced County LAFCo; and 2.) Grasslands Water District, Merced County Farm Bureau, and Central California Irrigation District (joint letter). These comment letters are attached for your review as Attachment 7.
1. Proposed Resolution
2. Proposed Annexation Ordinance
3. Draft General Plan 2042
4. Draft EIR on General Plan 2042
5. Final EIR on General Plan 2042
6. Summary of Changes to General Plan 2042 and the Annexation Ordinance
7. Comment Letters
8. Public Hearing Notice - October 7, 2022
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RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LOS BANOS APPROVING AND CERTIFYING THE FINAL
EIR AND APPROVING THE LOS BANOS GENERAL PLAN
2042
WHEREAS, the City of Los Banos General Plan was last comprehensively updated in 2030 ("2030 General Plan"), consisting of various state-mandated elements, requires revision and updating to assure compliance with current State law and regulations; and
WHEREAS, the City of Los Banos ("City") is the applicant for the project known as the City of Los Banos General Plan 2042; and
WHEREAS, the City, by and through its Economic Development Advisory Committee, City Council, Planning Commission and Community and Economic Development Department, prepared the Los Banos General Plan 2042 as a comprehensive revision to, and updating of the 2030 General Plan; and WHEREAS, the Los Banos General Plan 2042 was prepared pursuant to Government Code Section 65350 et. seq., and is intended to supersede the 2030 General Plan in its entirety, excepting and incorporating the Housing Element; and WHEREAS, the Los Banos General Plan 2042 consists of eight elements mandated by State law in Government Code Section 65302. Mandatory elements include: Land Use; Circulation; Housing; Conservation; Noise; Environmental Justice, Safety; and Open Space, and two additional non-mandatory elements included pursuant to Government Code Section 65303 (Economic Development Element and Public Facilities and Utilities Element); and
WHEREAS, the Housing Element adopted in 2014 is incorporated into the Los Banos General Plan 2042. It was previously certified by the State of California Department of Housing and Community Development ("HCD") and remains in compliance with HCD requirements. Los Banos is required to have a new Housing Element adopted by March 15, 2024, and once it is adopted it will replace the 2014-2023 Housing Element and will be incorporated into the General Plan 2042; and WHEREAS, on January 18, 2022, a Notice of Preparation of the Draft Environmental Impact Report ("EIR") was issued in accordance with the requirements of the California Environmental Quality Act (Public Resources Code [PRC] Section 21000 et. seq.) ("CEQA"), and the State CEQA Guidelines (14 California Code of Regulations [CCR] Section 15000 et. seq.); and
WHEREAS, a Notice of Availability was issued for the circulation of the Draft EIR on June 17, 2022; and
WHEREAS, the City of Los Banos, as lead agency, prepared the draft EIR, 1 105
including technical appendices thereto, for the Los Banos General Plan 2042 as prescribed by CEQA, and the CEQA Guidelines, and such draft EIR was, in accordance with CEQA Guidelines Section 15166(b ), forwarded to the State Clearinghouse and assigned number SCH #2022010254; and
WHEREAS, notice of a public hearing of the Planning Commission of the City of Los Banos on the matter of the Los Banos General Plan 2042 and environmental documents (Draft EIR, and Final EIR) was given in accordance with applicable law; and WHEREAS, on September 28, 2022, the Planning Commission of the City of Los Banos, in accordance with Government Code Section 65353 and CEQA Guidelines Section 15202 (b ), held a public hearing on the matter of the proposed General Plan 2042 and the EIR, and at the public hearing the Planning Commission of the City of Los Banos considered all of the information, testimony and evidence presented; and WHEREAS, on September 28, 2022, following closure of the public hearing held by the Planning Commission of the City of Los Banos, the Planning Commission adopted Planning Commission Resolution No. 2022-34, recommending that the City Council certify the EIR and approve and adopt the Los Banos General Plan 2042 and such resolution was transmitted to the City Council as provided herein; and WHEREAS, Comments on the draft EIR have been received and in accordance with CEQA, responses to comments have been prepared; and WHEREAS, the final EIR consists of the draft EIR, the comments and the responses to comments and a list of public agencies and private organizations submitting such written comments received by the City prior to the end of the public review period ("Final EIR"); and
WHEREAS, notice of public hearing of the City Council of the City of Los Banos on the matter of the Los Banos General Plan 2042 and the Final EIR was given in accordance with applicable law.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby resolve as follows:
Section 1. Recitals Incorporated. The foregoing Recitals to this Resolution are true and correct and are incorporated herein and made a part hereof.
Section 2. Certification of the Final EIR.
A. The City Council finds and determines as follows:
1. The City Council has read and considered the Final EIR which consists of the draft EIR including appendices thereto, the written Comments received within the public review period which notice was given and review provided as required by CEQA, a list of public agencies and private organizations commenting on the draft EIR through written comments received by the City prior to the end of the public review 2 106
period, and the written responses to comments which were prepared.
The City Council adopts the responses to comments as complete and adequate responses to the written comments, and finds that copies of such responses to comments were provided to those submitting written comments within the statutory period as provided by CEQA.
2. The City Council has reviewed and considered the Final EIR, which is incorporated herein and made a part hereof. The Final EIR considers all potentially significant environmental impacts of the Los Banos General Plan 2042, and the Final EIR is complete and adequate and fully complies with CEQA.
3. Because the Final EIR identifies one or more significant environmental effects of the project, the City Council hereby adopts the Statement of Facts and Findings set forth in Exhibit "A" attached hereto and by this reference incorporated herein.
4. The City Council has considered all significant impacts, mitigation measures, and project alternatives identified in the Final EIR. The City Council finds that all potentially significant impacts identified in the Final EIR which cannot be avoided or substantially lessened, the City Council, in light of the requirements of CEQA that the lead agency state in writing the reasons to support its action based on the Final EIR, finds that the benefits of adopting the Los Banos General Plan 2042 outweighs the unavoidable adverse environmental impacts and adopts the Statement of Overriding Considerations set forth as Exhibit "A" attached hereto and by this reference incorporated herein.
5. The foregoing findings and determinations, which reflect the independent analysis of the City Council of the matters in the record pertaining thereto and are the independent judgment of the City Council, are based on the information in the record, including but not limited to the findings set forth in Exhibit "A". The City Council further finds that substantial evidence exists for each and every finding made in Exhibit B. The City Council hereby approves and certifies the Final EIR.
C. The City Council hereby identifies that the location of record with respect to the Final EIR and other documents and material constituting the record of proceedings with respect to the certification of the Final EIR is the Community and Economic Development Department of the City of Los Banos, and that the custodian of records with respect to the Final EIR and other documents and material constituting the record of proceedings with respect to the certification of the Final EIR is the Community and Economic Development Director for the City of Los Banos.
D. The City Council directs the Community and Economic Development 3 107
Department to prepare a Notice of Determination for the Final EIR that is consistent with State CEQA Guidelines Section 15094(b) and to promptly file the Notice of Determination with the Governor's Office of Planning and Research, and the County Clerk of the County of Merced.
Section 3. Approval and Adoption of the Los Banos General Plan 2042.
A. The City Council has read and considered the Los Banos General Plan and all of the documentation comprising the foregoing, as presented to the City Council concurrent with this Resolution, and finds that the Los Banos General Plan 2042, which is incorporated herein and made apart hereof as though fully set forth, is consistent with the requirements of State law, specifically Government Code Section 65300 et seq.
B. The City Council hereby approves the Los Banos General Plan 2042 in its entirety and the Los Banos General Plan 2042 shall henceforth constitute the General Plan of the City of Los Banos, subject to such amendments as may occur in the future pursuant to the requirements and procedures of applicable law relating to the amendment of general plans.
C. Pursuant to the requirements of State law, within one working day of the date of adoption of this Resolution, the City Clerk shall make available at City Hall for public review a copy of the Los Banos General Plan 2042 and final EIR.
Section 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution and each section, subdivision, sentence, clause, phrase, or portion of this Resolution irrespective of the fact that one or more sections, subdivisions, sentences, clauses, phrases, or portions of this Resolution be declared invalid.
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:
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Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
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EXHIBIT A
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
FINDINGS FOR THE GENERAL PLAN 2042
I. Certification
The City of Los Banos (City) hereby certifies the Environmental Impact Report (EIR) prepared for the City of Los Banos General Plan 2042 (General Plan 2042) and the Annexation Ordinance, together herein referred to as the project. The complete and certified EIR consists of the Draft EIR and the Final EIR, which includes the comment letters, responses to comments, text changes to the Draft EIR, and the Mitigation Monitoring and Reporting Program (MMRP). In accordance with California Environmental Quality Act (CEQA) Guidelines Section 15090, the City, as Lead Agency for the General Plan 2042, certifies that:
• The EIR has been completed in compliance with CEQA and the CEQA Guidelines; ,.. The project was adequately described, examined, and evaluated in the General Plan 2042 EIR, and no significant new information or changes in the environmental setting have occurred that would result in new or greater significant effects not studied in the EIR;
• The General Plan 2042 EIR was adequately noticed and circulated for public review, and public comments were received and considered. The City distributed the Notice of Preparation to all Responsible Agencies on January 18, 2022.
Responses to the Notice of Preparation were considered in the preparation of the EIR. The City distributed a Notice of Completion with copies of the EIR, and posted the Notice of Completion at the Governor's Office of Planning and Research and the County Clerk of the County of Merced. The City received comment letters from the California Department of Fish and Wildlife, County of Merced Local Agency Formation Commission, Central California Irrigation District, Merced County Farm Bureau, and Grassland Water District, and responded to these in the General Plan 2042 Final EIR, copies of which were provided to the commenters no less than ten days prior to project approvals;
• The EIR was presented to the City, and the City has received, reviewed, and considered the information contained in the EIR and in the administrative record prior to approving the project;
• The EIR reflects the City's independent judgment and analysis; E Upon approval of the project analyzed in the General Plan 2042 EIR, the City will monitor the implementation of mitigation measures in accordance with the applicable Mitigation Monitoring Program.
The City further certifies that the EIR satisfies the requirements for a General Plan EIR prepared pursuant to Public Resources Code Section 21080.09 and CEQA Guidelines Section 15081.5(b).
The City has exercised its independent judgment in accordance with Public Resources Code Section 21082.1 (c) in retaining its own environmental consultant and directing the 6 111
consultant in preparation of the EIR, as well as reviewing, analyzing and revising material prepared by the consultant.
In accordance with Public Resources Code Section 21081 and CEQA Guidelines Sections 15091 and 15093, the City has made one or more specific written findings regarding significant impacts associated with the project. Those findings are presented below, along with the rationale behind each of the findings. Concurrent with the adoption of these findings, the City adopts the MMRP and the Statement of Overriding Considerations.
The documents and other materials that constitute the record of proceedings on which the project findings are based are located at City of Los Banos, 520 J Street, Los Banos, CA 93635. The custodian for these documents is the City of Los Banos Community and Economic Development Department and can be contacted by phone at (209) 827- 7000 or via email to: [email protected]. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and CEQA Guidelines Section 15091 (e).
II. Project Background
Project Description Summary
The existing General Plan was adopted in 2009 and included a horizon year of 2030.
While this horizon year is still 8 years away, in the years between 2009 and 2022 conditions inside and outside of Los Banos changed, including the economic recovery from the Great Recession, a worsening housing crisis in California, and the COVID-19 pandemic of 2020. A number of State and federal laws guiding general plan policies have also been updated during this time. As such, there is a need to take stock of the existing situation and plan for sustainable development in line with a vision. The proposed General Plan 2042 focuses on meeting current community requirements and future needs. Accordingly, the City is undertaking a comprehensive update to the General Plan.
The proposed General Plan 2042 guides the city's economic and physical growth as well as preservation of natural and agricultural resources over a 20-year buildout horizon and replaces the City's existing General Plan, with the exception of the Housing Element.
The City's Housing Element (2014 to 2023) was adopted in July 2016 and is incorporated into the proposed General Plan 2042 by reference. The Housing Element has already undergone separate environmental review as part of its adoption process; however, the residential development that could occur under the Housing Element is incorporated into the residential development analyzed as part of this EIR.
The proposed General Plan 2042, including the goals, policies, and actions, would require map and text amendments to the General Plan Land Use Map. In conjunction with these General Plan amendments, Title 9, Planning and Zoning, of the Los Banos Municipal Code (LBMC) would be amended for consistency with the proposed General Plan 2042. While most of the amendments to the LBMC would occur in the future through 7 112
a separate process, the proposed project includes an amendment to adopt an Annexation Ordinance.
The EIR provides a program-level analysis of the overall development projections in the General Plan 2042. The General Plan 2042, like the current General Plan 2030, does not commit the City to any specific project, but provides a strategic framework for decisions on those projects. The development program does, however, establish a maximum amount of net new growth for lands in the City's jurisdiction during this time frame, which the City may not substantially exceed without amending the General Plan 2042 or conducting additional environmental review.
Project Objectives
The primary purpose of the General Plan 2042 is to plan for the growth and conservation of Los Banos over a 20-year time horizon and to achieve a more equitable, sustainable, and prosperous future for all residents. Objectives related specifically to growth include focusing growth in the Downtown, capitalizing on existing infrastructure, and streamlining future development that is consistent with the proposed General Plan. This requires extending the buildout horizon to year 2042 and updating goals, policies, and actions so that they meet current State requirements and community priorities. Many issues not covered in earlier plans are addressed in the proposed project. These include how to enhance Downtown as a vibrant center, build a diversified job base, provide sites for housing and mixed-use development, improve environmental justice and community health, and prepare for adaptation and resilience to a changing climate. As part of this process, the City has identified eight key initiatives, which build upon the framework of the vision and goals of the existing General Plan and reflect the community's desires for the future of Los Banos. The following General Plan key initiatives serve as the project objectives for the EIR.
"' Provide for balanced and sustainable growth. Create and maintain a cohesive development pattern amidst the agriculture landscape, with clearly defined urban edges. An urban boundary is created to protect Los Banos' surrounding lands from sprawl, reduce the cost of extending costly infrastructure, and enhance the visual character of the city's edge. Land use policies are enacted to reduce incompatible land uses and ensure developments pay for their share of infrastructure, public facilities, and any environmental costs they might impose. ,. Create new jobs to develop the local economy. Strive for more local jobs and an improved jobs/housing ratio. Land has been set aside in 'employment centers' at various parts of the city, and economic development initiatives have been proposed to help make Los Banos a desirable place to work and live. • Integrate neighborhoods and neighborhood centers. Build quality neighborhoods and maintain a quality urban environment. Balanced neighborhoods include a mix of residential types and intensities and include activities and facilities that are used on a frequent basis- such as schools, stores, and parks. Land uses are designated to ensure balanced neighborhood development with a mix of uses and housing types, provision of parks and schools, and easy access to commercial activity centers.
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• Create a network of parks and open space. In addition to neighborhood and community parks, create an interconnected network of pathways and trails. This system is envisioned to connect neighborhoods to one another and to create a pedestrian or bikeway linkage between parks, schools, neighborhood commercial centers, downtown, and employment centers.
• Create a safe, efficient, and equitable circulation system for all users.
Establish a comprehensive set of principles and policies to enhance the existing system and promote a well-integrated and coordinated transit network and safe and convenient pedestrian and bicycle circulation. Establish a system of plantings, trees, and other amenities to add pleasant visual character to Los Banos' streets. • Provide ample retail and shopping opportunities. Create quality retail outlets and a mix of retail sites to ensure jobs and sales tax revenue. These are intended to serve both local residents and a regional population and are to be accessible by both automobiles and pedestrians, depending on type and location. • Plan for environmental justice. Senate Bill (SB) 1000, the Planning for Healthy Communities Act, was passed in 2016 and requires that General Plans address environmental justice for disadvantaged communities that exist within the planning area of the General Plan. California law defines "environmental justice" as the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies.
• Respond to State law requirements. As previously described, the proposed General Plan 2042 builds off the current General Plan by incorporating similar topics and revising or adding new goals, policies, and actions that are required by State law.
Environmental Review Process and Procedural Compliance with CEQA The CEQA environmental review process started on January 18, 2022, with issuance of a Notice of Preparation ("NOP") of an EIR. A 30-day public comment period for the NOP ended on February 16, 2022. A virtual public scoping meeting was held on January 26, 2022, to accept public input on environmental topics to be analyzed in the EIR and approaches to the impact analyses. Written comments received on the NOP are included in Appendix A of the Draft EIR. A copy of the NOP is also included in Appendix A of the Draft EIR.
The Draft EIR for the project was issued on June 17, 2022, and was made available for a 45-day public review and comment period that ended on August 1, 2022. A Draft EIR Public Hearing was held virtually on July 14, 2022, to receive input from agencies and the public. Copies of the Draft EIR were posted online on the City's General Plan 2042 website (www.losbanos2042.org), and hard copies were made available at the City of Los Banos Community and Economic Development Department, located at 520 J Street in Los Banos.
Comment letters received on the Draft EIR and comments read at the public hearing are provided in their entirety in Appendix J of the Final EIR. 9 114
The City received a total of five comment letters, which included two from governmental agencies and three from private organizations.
The Final EIR was completed and published on September 23, 2022. The EIR consists of two documents: the Draft EIR issued in June 2022 and the Final EIR issued in September 2022. Chapter 4 of the Final EIR consists of comments received during the public review period for the Draft EIR, and provides responses to those comments.
Chapter 5 of the Final El R contains revisions to the Draft El R to clarify, amplify, or correct information in the Draft EIR, and associated appendices.
Ill. Environmental Impacts and Findings
Pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, no public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless the public agency makes one or more of the following findings with respect to each significant impact:
1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment.
2. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency.
3. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the EIR.
The City has made one or more of these specific written findings regarding each significant impact associated with the project. Those findings are presented below, along with a presentation of facts in support of the findings.
These findings summarize the determinations of the Final EIR with respect to the project's environmental impacts before and after mitigation and do not attempt to describe the full analysis of each environmental impact considered in the Final EIR.
Instead, the findings provide a summary description of each impact, describe the applicable General Plan 2042 policies and actions, and mitigation measures, if any, identified in the EIR and adopted by the City for the General Plan 2042, and state the City's findings regarding the significance of each impact after imposition of the adopted General Plan 2042 policies and actions, and mitigation measures. The EIR contains a full explanation of each impact, General Plan 2042 policies and actions, and mitigation measures, and the analysis that led the City to its conclusions on those impacts. These findings hereby incorporate by reference the discussion and analysis in the Final EIR, which supports the Final EIR's determinations regarding the project's environmental impacts, General Plan 2042 policies and actions, and mitigation measures. In making these findings, the City ratifies, adopts, and incorporates by reference the El R's analysis, 10 115
determinations, and conclusions relating to environmental impacts, General Plan 2042 policies and actions, and mitigation measures, except to the extent that any such determinations and conclusions are specifically and expressly modified by these findings.
In adopting the General Plan 2042 policies and actions, and mitigation measures described below, the City intends to adopt each of the General Plan 2042 policies and actions, and mitigation measures recommended in the EIR related to the General Plan 2042. Accordingly, in the event that a General Plan 2042 policy and action, or mitigation measure recommended in the Final EIR has been inadvertently omitted from these findings, that General Plan 2042 policy and action, or mitigation measure is hereby adopted and incorporated by reference in the findings. Additionally, in the event that the description of General Plan 2042 policy and action, or mitigation measures set forth below fails accurately to capture the substance of a given General Plan 2042 policy and action, or mitigation measure due to a clerical error (as distinct from specific and express modification by the City through these findings), the language of the General Plan 2042 policy and action, or mitigation measure as set forth in the Final EIR shall govern.
The EIR evaluation included a detailed analysis of impacts in seventeen (17) environmental disciplines or issues, analyzing the General Plan 2042 and alternatives to the General Plan 2042, including a No Project Alternative. The EIR discloses the environmental impacts expected to result from the construction and operation of future development under the General Plan 2042. Where possible, General Plan 2042 policies and actions, and mitigation measures were identified to avoid or minimize significant environmental effects. In addition, the City committed to implementing measures in order to reduce the direct and indirect impacts that will result from General Plan 2042 activities.
The mitigation measures identified in the EIR are measures proposed by the lead agency, responsible, or trustee agencies or other persons that were not included in the project, but could reasonably be expected to reduce adverse impacts if required as conditions of approving the project, as required by CEQA Guidelines Section 15126.4(a)(1 )(A).
A. Findings of Less-than-Significant Impacts
FINDING: Based on the issue area assessment in the EIR, the City has determined that the project will have no impact or less-than-significant impacts for several issues as summarized in Table 1, Summary of No Impacts or Less-than-Significant Impacts for General Plan 2042. The rationale for the conclusion that no significant impact would occur in each of the issue areas in Table 1 is based on the discussion of these impacts in the detailed issue area and cumulative impacts analyses in Chapter 4, Environmental Analysis, of the Draft EIR that were found to have no impact or less-than-significant impacts. General Plan polices and actions are noted in parentheses, where relevant to impact determinations, based on the analyses in Chapter 4 of the Draft EIR. 11 116
Table 1: Summary of No Impacts or Less-than-Significant Impacts for General Plan 2042 Environmental Impacts
Dra'ft EIR Chapter 4. 1: Aesthetics
AES-1: The project would not have a substantial adverse effect on a scenic vista.
AES-2: The project would not, in non-urbanized areas, conflict with applicable zoning and other regulations governing scenic quality. (Policies LU-P1 .2, LU-P1 .3, LU-P2.1, LU-P2.4, LU-P2.6, LU-P2.7, LU-P2.8, LU-P2.9, and Action LU-A2.5; Policy LU-P3.3; Policies LUP4.1, LU-P4.2, LU-P4.4, LU-P4.5, LU-P4.6, LU-P4.9, LU-P4.1 O; Policies LU-P5.4, LUP5.5, LU-P5.8; Policy LU-P6.2 and Action LU-A.6-11; Policies LU-P?.1, LU-P7.3, LU-P?.9, LU-P?.10; and Policy P-P1 .7)
AES-3: The project would not create a new source of substantial light or glare that would adversely affect day or nighttime views in the area. (Policies LU-P4.10, LU-P4.12, LUP4.13, LU-P4.14, and Action LU-A4.1; Action LU-A.6-11 and LU-A6.13; Policies P-P5.3 and P-P5.7)
AES-4: The project, in combination with past, present, and reasonably foreseeable projects, would result in less-than-significant cumulative impacts with respect to aesthetics. (Policies and Actions listed in AES-2 and AES-3) Dra'ft EIR Chapter 5.4: Biological Resources
BI0-1: The project would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plan, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service. (Policies P-P6.1, P-P6.2, P-P6.3, PP6.5, and Action P-A6.1) BI0-2: The project would not have a substantial adverse effect have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service. (Policies P-P6.2, P-P6.3, and Action P-A6.1) BI0-3: The project would not have a substantial adverse effect on State or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. (Policies P-P5.1, P-P5.2, and Actions P-A5.1, P-A5.2, P-A5.3, P-A5.4; Policies P-P6.2, P-P6.3, and Action P-A6.1; Policies LU-P1 .2 and LU-P1 .3; Policy LU-4.12)
BI0-4: The project would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory Wildlife corridors, or impede the use of native wildlife nursery sites. (Policies P-P5.1, PP5.2, P-P5.3 and Action P-A5.1; Policies P-P6.2, P-P6.3, and Action P-A6.1) BI0-5: The project would not conflict with any local policies or ordinances protecting bioloqical resources, such as a tree preservation policy or ordinance. 12 117
Table 1: Summary of No Impacts or Less-than-Significant Impacts for General Plan 2042 Environmental Impacts
810-6: The project, in combination with past, present, and reasonably foreseeable projects, would result in less-than-significant cumulative impacts with respect to biological resources. (Policies and Actions listed in 810-1 through 810-4) Draft EIR Section 5.4: Cultural Resources
CUL-1: The project would not cause a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines, Section 15064.5. (Policies LU-P4.1, LUP4.2, LU-P4.3, LU-P4.4; Policies LU-P6.2, LU-P6.4, and Actions LU-A6.2 and LU-A6.5; Policies P-P10-1, P-P10-5, P-P10-6, and Actions P-A10.1, P-A10.2, P-A10.3) CUL-2: The project would not cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines, Section 15064.5. (Policy LUP1 .2; Policy LU-P4.3; Policies P-P10.1, P-P10.2, P-P10.3, P-P10.4, P-P10.5) CUL-3: The project would not disturb any human remains, including those interred outside of dedicated cemeteries. (Policies LU-P4.1, LU-P4.2, LU-P4.3, LU-P4.4; Policies LU-P6.2, LU-P6.4, and Actions LU-A6.2 and LU-A6.5; Policies P-P10-1, P-P10-5, P-P10-6, and ~ ctions P-A 10.1, P-A 10.2, P-A 10.3)
CUL-4: The project would not cause a substantial adverse change in the significance of a rrribal Cultural Resource, defined in Public Resources Code Section 2107 4 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American Tribe, and that is: (i) Listed or eligible for listing in the California; (ii) Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1 (k), or (iii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resource Code Section 5024.1. In applying the criteria set forth in subdivision (c) of the Public Resource Code Section 5024.1 for the purposes of this paragraph, the lead agency shall consider the significance to a California Native American tribe. (Policy LU-P1 .2; Policies LU-P4.1, LU-P4.2, LU-P4.3, LU-P4.4; Policies LU-P6.2, LU-P6.4, and Actions LU-A6.2 and LU-A6.5; Policies P-P10.1, P-P10.2, P-P10.3, P-P10.4, P-P10.5, P-P10-6, and Actions P-A 10.1, P-A 10.2, P-A 10.3) CUL-5: The project, in combination with past, present, and reasonably foreseeable projects, would result in less-than-significant cumulative impacts with respect to cultural pr tribal cultural resources. (Policies and Actions listed in CUL-1 through CUL-4) Draft EIR Chapter 4.6: Energy
ENE-1: The project would not result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources during project construction or operation. (Policies LU-P1 .2, LU-P1 .3; Policies LU-P2.11, LU-P2.15; Policy LU-P4.8; Policies LU-P5.2, LU-P5.3, LU-P5.6, LU-P5. 7; Action LU-A6.6; Policy P13 118
Table 1: Summary of No Impacts or Less-than-Significant Impacts for General Plan 2042 Environmental Impacts
P1 .3; Policies C-P2.5, C-P2.6; C-P2.8, and Action C-A2.1; Policies C-P3.2, C-P3.3, and Action C-A3.1; Policy C-P5.2; Policies C-P7.1, C-P7.2, C-P7.4, C-P7.5; Policy ED-P1 .1 and Action EDA 1.1; Actions ED-A2.1, ED-A2.3)
ENE-2: The project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency.
ENE-3: The project, in combination with past, present, and reasonably foreseeable projects, would result in less-than-significant cumulative impacts with respect to energy. 'Polices and Actions listed in ENE-1)
Draft EIR Chapter 4.7: Geology and Soils
GE0-1: The project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving: (i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault; (ii) Strong seismic ground shaking; (iii) Seismic-related ground failure, including liquefaction; (iv) Landslides, mudslides, or other similar hazards. (Policies SP1 .1, S-P1 .2, S-P1 .3, S-P1 .4, S-P1. 7, S-P1 .8; Policy S-P4.1) GE0-2: The project would not result in substantial soil erosion or the loss of topsoil. ~Policies S-P1 .5, S-P1 .6; Actions S-A7.3, S-A7.4)
GE0-3: The project is not located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse. (Policies S-P1 .1, S-P1 .2, S-P1 .3, S-P1 .4, S-P1. 7, S-P1 .8; Policy S-P4.1)
GE0-4: The project would be located on expansive soil, as defined by Table 18-1-8 of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property. :Policies S-P1 .1, S-P1 .2, S-P1 .3, S-P1 .4, S-P1. 7, S-P1 .8; Policy S-P4.1) GE0-5: The project would not utilize septic tanks or alternative wastewater disposal systems where soils would be incapable of adequately supporting the in cases where sewers are not available for the disposal of wastewater. (Policy S-P1 .4; Policy PFS-P5.1) GE0-6: The project would not directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. (Policies P-P10.5, P-P10.8) GE0-7: The proposed project, in combination with past, present, and reasonably foreseeable projects, would result in less-than-significant cumulative impacts with respect .o qeoloqy and soils. (Policies and Actions listed in GEO-1 throuqh GEO-6) Draft EIR Section 5.7: Greenhouse Gas Emissions
GHG-2: The proposed project would not conflict with an applicable plan, policy, or 14 119
Table 1: Summa of No Impacts or Less-than-Si nificant Im acts for General Plan 2042 Environmental Im acts
regulation of an agency adopted for the purpose of reducing the emissions of greenhouse ases. (Policies LU-P1 .1, LU-P1 .3; Policies LU-P2.11, LU-P2.15; Policy LU-P4.8; Policies LU-P5.2, LU-P5.3, LU-P5.6, LU-P5.7; Policies P-P12.1, P-P12.2, P-P12.3, P-P12.4, PP12.5; Policies P-P13.1, P-P13.2, P-P13.3, P-P13.4, P-P13.5, P-P13.6, P-P13. 7, and ction P-A 13.1; Policies C-P1 .1, C-P1 .2, C-P1 .3, and Action C-A 1.3; Policies C-P2.5, CP2.6, C-P2.8, and Actions C-A2.1, C-A2.2; Policies C-P3.1, C-P3.2, C-P3.3, and Action C-A3.1; Policies C-P4.1, C-P4.2, C-P4.3, C-P4.4, C-P4.5, C-P4.6, C-P4. 7, C-P4.8, CP4.9; Policies C-P7.1, C-P7.2, C-P7.4, C-P7.5; Policy ED-P1.1 and Action ED-A1.1; ction ED-A2.1, ED-A2.2, ED-A2.3)
Draft EIR Chapter 4.9: Hazards and Hazardous Materials
HAZ-1: The project would not create a significant hazard to the public or the environment hrough the routine transport, use, or disposal of hazardous materials. (Policy LU-P2.15; Policy LU-P7.11; Policies S-P3.1, S-P3.2, S-P3.3, S-P3.4) HAZ-2: The project would not create a significant hazard to the public or the environment hrough reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. (Policy LU-P2.15; Policy LU-P7.11; Policies SP3-1, S-P3.2, S-P3.3, S-P3.4) HAZ-3: The project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within 0.25 miles of an existing or proposed school. (Policy LU-P2.15; Policy LU-P7.11; Policies S-P3.1, S-P3.2, S-P3.3, S-P3.4) HAZ-4: The project would be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 but would not, as result, create a significant hazard to the public or the environment. (Policy LU-P2.15; Policy LU-P7.11; Policies S-P3-1, S-P3.2, S-P3.3, S-P3.4) HAZ-5: The project would not, for a project located within an airport land use plan, or, here such a plan has not been adopted, within 2 miles of a public airport or public use irport, result in a safety hazard or excessive noise for people residing or working in the project area. (Policy LU-P7.6, LU-P7.7, LU-P7.8; Policy S-P8.1, S-P8.2, S-P8.5; Action C6.2) HAZ-6: The project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. (Policy S-P4.1 ; Policy S-P5.1; Policy S-P6.1)
HAZ-7: The project, in combination with past, present, and reasonably foreseeable projects, would not result in a cumulative impact with respect to hazards and hazardous materials. Policies and Actions listed in HAZ-1 through HAZ-6 and Water Qua/it
15 120
Table 1: Summary of No Impacts or Less-than-Significant Impacts for General Plan 2042 Environmental Impacts
HYD-1: The project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality. (Policies P-P9.1, P-P9.2, P-P9.3, P-P9.4, and Actions P-A9.1, P-A9.2, P-A9.3, P-A9.4. policy PFSP3. 7; Policy PFS-P4.1, PFS-P4.2, and Action PFS-A4.1; Policies PFS-P5.1, PFS-P5.3) HYD-2: The project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin. (Action P-A6.1.Policies P-P9.2, P-P9.4, and Actions P-A9.1, P-A9.2, P-A9.3; Policies PFS-P3.2, PFS-P3.3, PFS-P3.6, PFS-P3.8) HYD-3: The project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: (i) result in a substantial erosion or siltation on- or off-site; (ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site; (iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or (iv) impede or redirect flood flows. (Policies P-P9.1, P-P9.3, P-P9.4; Policies S-P1 .5, S-P1 .6; Policies S-P2.1, S-P2.2.
S-P2.3, and Actions S-A2.1, S-A2.2, S-A2.3; Policy PFS-P3.7; Policies PFS-P4.1, PFSP4.2, and Action PFS-A4.1; Policy PFS-P5.1) HYD-4: The project would not, in a flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation. (Policy S-P1 .8; Policies S-P2.3, and Action S-A2.3; Policy S-P6.2 and Action S-A6.1)
HYD-5: The project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. (Policies P-P9.1, P-P9.2, PP9.3, P-P9.4, and Actions P-A9.1, P-A9.2, P-A9.3, P-A9.4; Action P-A6.1; Policy PFSP3.5) HYD-6: The project would not, in combination with past, present, and reasonably oreseeable projects, result in a cumulative impact with respect to hydrology and water quality. (Policies and Actions listed in HYD-1 through HYD-5) Draft EIR Chapter 4.11: Land Use and Planning
LU-1: The project would not physically divide an established community. (Policy LU-P1 .3) LU-2: The project would not cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. (Policies LU-P1 .2, LU-P1 .3, LU-P1 .4, LU-P1 .5, LU-P1 .8, LUP1 .9, and Actions LU-A 1.1, LU-A 1.5; Policy LU-P2.2, and Actions LU-A2.3, LU-A2.4; Policy LU-P3.1, LU-P3.2; Policy LU-P6.1, LU-P6.4, LU-P6.5, and Actions LU-A6.1, LUA6.3; Policy LU-P7.8; Policies P-P7.1, P-P7.2, P-P7.3, P-P7.4, and Actions P-A7.1, PA7.2) 16 121
Table 1: Summary of No Impacts or Less-than-Significant Impacts for General Plan 2042 Environmental Impacts
LU-3: The project, in combination with past, present, and reasonably foreseeable projects, would result in less-than-significant cumulative impact with respect to land use and planning. (Policies and Actions listed in LU-1 and LU-2) Draft EIR Chapter 4.12: Noise
NOl-1: The project would result in generation of substantial temporary and permanent increases in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or in other applicable local, state, or federal standards. (Stationary Noise: Policy S-P8.5 and S-P8.6; Land Use Compatibility: Policy S-P8.1 and Policy S-P8.2)
NOl-3: The project would locate development within the vicinity of a private airstrip or an airport land use plan, or where such a plan has not been adopted, within 2 miles of a public airport or public use airport, but would not expose people residing or working in the project area to excessive noise levels. (Action S-A8.2)
Draft EIR Chapter 4.13: Population and Housing
POP-1: The project would not induce substantial unplanned population growth or growth or which inadequate planning has occurred, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure). (Policy LU-P1 .1, LU-P1 .2, LU-P1 .3, LU-P1 .4, LU-P1 .5, LU-P1 .6, LU-P1 .7, LU-P1 .8, LU-P1 .9, LU-P1.10, LU-P1 .11, LU-P1 .12, LU-P1 .13, and Actions LU-A 1.3, LUA 1 .4) POP-2: The project would not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere.
POP-3: The project, in combination with past, present, and reasonably foreseeable projects, would result in less-than-significant cumulative impacts with respect to population and housing. (Policies and Actions listed in POP-1)
Draft EIR Chapter 4.14: Public Services, Parks, and Recreation PS-1: The project would not result in substantial adverse physical impacts associated with he provision of new or physically altered fire protection facilities, need for new or physically altered fire protection facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives. (Policies LU-P1 .2, LU-P1 .3, LU-P1 .5, LU-P1 .6, LU-P1. 7, LU-P1 .8, LU-P1 .9, LU-P1 .11; Policies LU-P2.5, LU-P2.11; Policy LU-P3.1; Policies SP4.1, S-P4.2, S-P4.3, and Actions S-A4.1, S-A4.2; Policy S-P6.1, and Actions S-A6.1, SA6.2, S-A6.3, S-A6.4, S-A6.5; Policy PFS-P3.3; Also see the summary for Chapter 4.17, Wildfire, below, for a listing of additional policies and actions that reduce impacts related o wildfire thus reducinQ demand of fire protection services) 17 122
Table 1: Summary of No Impacts or Less-than-Significant Impacts for General Plan 2042 Environmental Impacts
PS-2: The project would not, in combination with past, present, and reasonably oreseeable projects, result in a cumulative fire protection services impact. (Policies and Actions listed in PS-1)
PS-3: The project would not result in substantial adverse physical impacts associated with he provision of new or physically altered police facilities, need for new or physically altered police facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance K>bjectives. ((Policies LU-P1 .2, LU-P1 .3, LU-P1 .5, LU-P1 .6, LU-P1 .7, LU-P1 .8, LU-P1 .9, LU-P1 .11; Policies LU-P2.5, LU-P2.11; Policy LU-P3.1; Policies S-P4.1, S-P4.2, S-P4.3, and Actions S-A4.1, S-A4.2; Policy S-P5.1 and Actions S-A5.1, S-A5.2; Policy S-P6.1, and ~ ctions S-A6.1, S-A6.2, S-A6.3, S-A6.4, S-A6.5; Policy PFS-P3.3) PS-4: The project would not, in combination with past, present, and reasonably foreseeable projects, result in a cumulative police services impact. (Policies and Actions listed in PS-3)
PS-5: The project would not result in substantial adverse physical impacts associated with the provision of new or physically altered school facilities, need for new or physically altered school facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives. (Policies LU-P1 .2, LU-P1 .3, LU-P1 .5, LU-P1 .6, LU-P1 .7, LUP1 .8, LU-P1 .9, LU-P1 .11; Policies LU-P2.5, LU-P2.11, LU-P2.12; Policy LU-P3.1; Policies PFS-P1 .1, PFS-P1 .2, PFS-P1 .3)
PS-6: The project would not, in combination with past, present, and reasonably foreseeable projects, result in a cumulative schools impact. (Policies and Actions listed in PS-5)
PS-7: The project would not result in substantial adverse physical impacts associated with .he provision of new or physically altered library facilities, need for new or physically altered library facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives. (Policies LU-P1 .2, LU-P1 .3, LU-P1 .5, LU-P1 .6, LU-P1 .7, LUP1 .8, LU-P1 .9, LU-P1 .11; Policies LU-P2.5, LU-P2.11; Policy LU-P3.1; Policies PFS-P2.3, PFS-P2. 7, and Action PFS-A 1 . 1 )
PS-8: The project would not, in combination with past, present, and reasonably ~oreseeable projects, result in a cumulative libraries impact. (Policies and Actions listed in PS-7)
PS-9: The project would not result in substantial adverse physical impacts associated with the provision of new or physically altered parks facilities, need for new or physically altered parks facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance 18 123
Table 1: Summary of No Impacts or Less-than-Significant Impacts for General Plan 2042 Environmental Impacts
objectives. (Policies P-P1 .1, P-P1 .2, P-P1 .3, P-P1 .4, P-P1 .5, P-P1 .6, P-P1. 7, P-P1 .8, and Actions P-A 1.1, P-A 1.2, P-A 1.3; Policies P-P2.1, P-P2.2, P-P2.3, P-P2.4, P-P2.15, PP2.6, P-P2.7, P-P2.8, and Actions P-A2.1, P-A2.2; Policies P-P3.1, P-P3.2, P-P3.3, PP3.4, P-P3.5, P-P3.6, P-P3.7, P-P3.8, P-P3.9, and Actions P-A3.1, P-A3.2; Policies PP4.1 , P-P4.3, P-P4.4) PS-10: The project would not increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the acility would occur or be accelerated. (Policies and Actions listed in PS-9) PS-11: The project would not, in combination with past, present, and reasonably 'oreseeable projects, result in a cumulative parks and recreation impact. (Policies and Actions listed in PS-9)
Draft EIR Chapter 4. 15: Transportation
TRAN-1: The project would not conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian 'acilities. (Policies LU-P1 .1, LU-P1 .3; Policies LU-P2.11, LU-P2.15; Policy LU-P4.8; Policies LU-P5.2, LU-P5.3, LU-P5.6, LU-P5. 7; Policies C-P1 .1, C-P1 .2, C-P1 .3, and Action C-A1.3; Policies C-P2.5, C-P2.6, C-P2.8, and Actions C-A2.1, C-A2.2; Policies CP3.1, C-P3.2, C-P3.3, and Action C-A3.1; Policies C-P4.1, C-P4.2, C-P4.3, C-P4.4, CP4.5, C-P4.6, C-P4.7, C-P4.8, C-P4.9; Policies C-P7.1, C-P7.2, C-P7.4, C-P7.5; Policy ED-P1 .1, and Action ED-A 1.1; Actions ED-A2.1, ED-A2.2, ED-A2.3) RAN-3: The project would not substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment). (Policy C-P 1.1, and Actions C-A 1.2, C-A 1.3; Policy C-P2.6; Policies C-P 4.2, C-P 4.3; Policies C-P7.1, C-P7.2, C-P7.4)
TRAN-4: The project would not result in inadequate emergency access. (Policies LU-P1. 7, LU-P1 .11; Policies S-P4.1, S-P4.2, S-P4.3; Policy S-P6.2 and Action S-A6.6) Draft EIR Chapter 4.16: Utilities and Service Systems
UTIL-1: The project would not require or result in the relocation or construction of new or expanded water facilities, the construction or relocation of which could cause significant environmental effects. (Policies LU-P1 .8, Policy LU-P1 .11; Action P-A6.1; Policies P-P9.2, P-P9.4, and Actions P-A9.1, P-A9.2, P-A9.3, P-A9.4; Policies PFS-P3.1, PFS-P3.2, PFSP3.3, PFS-P3.4, PFS-P3.5, PFS-P3.6, PFS-P3.7, PFS-P3.8, PFS-P3.9, PFS-P3.10, and Actions PFS-A3.1, PFS-A3.2, PFS-A3.3, PFS-A3.4; Policy PFS-P5.3 and Action PFSA5.3) UTIL-2: The project would have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years. (Policies and Actions listed in UTIL-1)
19 124
Table 1: Summary of No Impacts or Less-than-Significant Impacts for General Plan 2042 Environmental Impacts
UTIL-3: The project, would not, in combination with past, present, and reasonably foreseeable projects, result in a cumulative impact with respect to water supply. (Policies and Actions listed in UTIL-1)
UTIL-4: The project would not require or result in the relocation or construction of new or expanded wastewater treatment or facilities, the construction or relocation of which could cause significant environmental effects. (Policy PFS-P3.4 and Action PFS-A3.1; Policies PFS-P5.1, PFS-P5.2, PFS-P5.3, and Actions PFS-A5.1, PFS-A5.2) UTIL-5: The project would not result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments. (Policies ~nd Actions listed in UTIL-4)
UTIL-6: The project, would not, in combination with past, present, and reasonably foreseeable projects, result in a cumulative impact to wastewater facilities. (Policies and Actions listed in UTIL-4)
UTIL-7: The project would not require or result in the relocation or construction of new or expanded stormwater drainage facilities, the construction or relocation of which could cause significant environmental effects. (Policies P-P9.1, P-P9.3, P-P9.4; Policies S-P2.1, S-P2.2, and Actions S-A2.1, S-A2.2; Policy PFS-P3. 7; Policies PFS-P4.1, PFS-P4.2, and ~ ction PFS-A4.1; Policies PFS-P5.1, PFS-P5.2)
UTIL-8: The project would not, in combination with past, present, and reasonably roreseeable projects, result in a cumulative impact with respect to stormwater facilities. :Policies and Actions listed in UTIL-7)
UTIL-9: The project would not generate solid waste in excess of State or local standards, pr in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals. (Policy PFS-P6.1, PFS-P6.2, PFS-P6.3, and Action PFSA6.1) UTIL-10: The project would comply with federal, State, and local statutes and regulations related to solid waste.
UTIL-11: The project, would not, in combination with past, present, and reasonably roreseeable projects, result in a cumulative impact with respect to solid waste facilities.
Policies and Actions listed in UTIL-9)
Draft EIR Chapter 4.16: Wildfire
CAL FIRE has determined that the EIR Study Area possesses little or no wildfire risk and no impact would occur pursuant to the standards in the CEQA Guidelines. The project would not result in significant environmental impacts related to wildland fires. (Policy LUP4-9; Policies S-P4.1, S-P4.2, S-P4.13, and Actions S-A4.1, S-A4.2, S-A4.3; Policy S20 125
Table 1: Summary of No Impacts or Less-than-Significant Impacts for General Plan 2042 Environmental Impacts
P6.1 and Actions S-A6.1, S-A6.2. S-A6.3, S-A6.4, S-A6.5, S-A6.6; Actions S-A7.1, S-A7.2, S-A7.3, S-A7.4, S-A7.5, S-A7.6, S-A7.7; Policy PSF-P2.4 and Action PFS-A2.2; Policy PFS-P3.3)
B. Findings on Significant Environmental Impacts That Can Be Reduced to a Less-than-Significant Level
FINDING: The City finds that the following environmental impacts can and will be mitigated to below a level of significance based upon the implementation of the mitigation measures in the EIR. These findings are based on the discussion of impacts in the detailed issue area and cumulative impact analyses in Chapter 4.2, Air Quality, and Chapter 4.12, Noise. An explanation of the rationale for each finding is presented below.
Air Quality (Odor)
Impact AIR-4: Operation of new industrial land uses accommodated under the proposed General Plan 2042 has the potential to create objectionable odors that could affect a substantial number of people.
Finding: For the reasons stated in the EIR (Draft EIR at pages 4.3-49 to 4.3-50), the City finds that changes or alterations have been incorporated into the General Plan 2042 which mitigate significant effects on the environment from Impact AIR-4. Specifically, Mitigation Measure AIR-4 is feasible, and is hereby adopted and incorporated into the General Plan 2042 to mitigate significant effects from Impact AIR-4 to a less-thansignificant level.
Mitigation Measure AIR-4: Prior to project approval, if it is determined during projectlevel environmental review that a project has the potential to emit nuisance odors beyond the property line, an Odor Management Plan shall be prepared and submitted by the project applicant prior to project approval to ensure compliance with San Joaquin Valley Unified Air Pollution Control District Rule 4102. The following facilities that are within the buffer distances specified from sensitive receptors (in parentheses) have the potential to generate substantial odors:
■ Wastewater Treatment Plan (2 miles)
■ Sanitary Landfill (1 mile)
■ Transfer Station (1 mile)
■ Composting Facility (1 mile)
■ Petroleum Refinery (2 miles)
■ Asphalt Batch Plan (1 mile)
■ Chemical Manufacturing (1 mile)
■ Fiberglass Manufacturing (1 mile)
■ Painting/Coating Operations (1 mile)
■ Food Processing Facility (1 mile)
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■ Feed Lot/ Dairy (1 mile)
■ Rendering Plant (1 mile)
The Odor Management Plan shall be submitted to the City of Los Banos. The Odor Management Plan prepared for these facilities shall identify control technologies that will be utilized to reduce potential odors to acceptable levels, including appropriate enforcement mechanisms. Control technologies may include but are not limited to scrubbers (e.g., air pollution control devices) at an industrial facility. Control technologies identified in the odor management plan shall be identified as mitigation measures in the environmental document and/or incorporated into the site plan.
Rationale for Finding: Implementation of Mitigation Measure AIR-4 will reduce odor impacts by ensuring that sources identified by San Joaquin Valley Unified Air Pollution Control District (SJVAPCD) are mitigated through adherence to an Odor Management Plan and comply with SJVAPCD Rule 4102, Nuisance. Pursuant to this rule, "a person shall not discharge from any source whatsoever such quantities of air contaminants or other materials which cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which endanger the comfort, repose, health, or safety of any such person or the public or which cause or have a natural tendency to cause injury or damage to business or property." Accordingly, odor impacts would be reduced to less-than-significant levels.
Noise (Construction and Operational Vibration)
Impact NOl-2a: Construction activities associated with potential future development projects from implementation of the General Plan 2042 could generate excessive shortterm vibration levels during project construction resulting in human annoyance or building damage.
Finding: For the reasons stated in the EIR (Draft EIR at pages 4.12-36 to 4.12-37), the City finds that changes or alterations have been incorporated into the General Plan 2042 which mitigate significant effects on the environment from Impact NOl-2a. Specifically, Mitigation Measure NOl-2a is feasible, and is hereby adopted and incorporated into the General Plan 2042 to mitigate significant effects from Impact NOl-2a to a less-thansignificant level.
Mitigation Measure NOl-2a: Prior to issuance of a building permit for a project requiring pile driving during construction that is within 135 feet of fragile structures such as older or historical resources, 100 feet of non-engineered timber and masonry buildings (e.g., most residential buildings), or within 75 feet of engineered concrete and masonry (no plaster); or a vibratory roller within 25 feet of any structure, the project applicant shall prepare a noise and vibration analysis to assess and mitigate potential noise and vibration impacts related to these activities. This noise and vibration analysis shall be conducted by a qualified and experienced acoustical consultant or engineer. The vibration levels shall not exceed Federal Transit Administration (FTA) architectural damage thresholds (e.g., 0.12 inches per second (in/sec) peak particle velocity (PPV) for fragile or historical resources, 0.2 in/sec PPV for non-engineered timber and masonry 22 127
buildings, and 0.3 in/sec PPV for engineered concrete and masonry). If vibration levels would exceed these thresholds, alternative uses such as drilling piles as opposed to pile driving and static rollers as opposed to vibratory rollers shall be used. If necessary, construction vibration monitoring shall be conducted to ensure vibration thresholds are not exceeded.
Rationale for Finding: Implementation of Mitigation Measure NOl-2a will reduce excessive short-term vibration levels during project construction resulting in human annoyance or building damage by ensuring that noise and vibration analysis are conducted by a qualified and experienced acoustical consultant or engineer that would not exceed the Federal Transit Administration (FTA) thresholds. If potential future development would exceed these thresholds, alternative uses such as drilling piles as opposed to pile driving and static rollers as opposed to vibratory rollers would be used and if necessary, construction vibration monitoring shall be conducted to ensure vibration thresholds are not exceeded. Accordingly, vibration impacts from construction equipment would be reduced to less-than-significant levels.
Impact NOl-2b: The operation offuture projects with implementation of the General Plan 2042 could generate excessive long-term vibration levels.
Finding: For the reasons stated in the EIR (Draft EIR at pages 4.12-37 to 4.12-38), the City finds that changes or alterations have been incorporated into the General Plan 2042 which mitigate significant effects on the environment from Impact NOl-2b. Specifically, Mitigation Measure NOl-2b is feasible, and is hereby adopted and incorporated into the General Plan 2042 to mitigate significant effects from Impact NOl-2b to a less-thansignificant level.
Mitigation Measure NOl-2b: During the project-level process for industrial developments or other projects that could generate substantial vibration levels near sensitive uses, a noise and vibration analysis shall be conducted to assess and mitigate potential noise and vibration impacts related to the operations of that individual development. This noise and vibration analysis shall be conducted by a qualified and experienced acoustical consultant or engineer and shall follow the latest California Environmental Quality Act guidelines, practices, and precedents.
Rationale for Finding: Implementation of Mitigation Measure NOl-2b will reduce excessive long-term vibration levels from commercial and industrial operations resulting that could cause human annoyance or building damage by ensuring that noise and vibration analysis are conducted by a qualified and experienced acoustical consultant or engineer that would follow the latest California Environmental Quality Act guidelines, practices, and precedents. Accordingly, vibration impacts from commercial and industrial operations would be reduced to less-than-significant levels.
C. Findings on Significant Environmental Impacts That Cannot Be Avoided or Reduced to a Less-Than-Significant Level
FINDING: Based on the issue area assessment in the EIR, the City has determined that 23 128
the General Plan 2042 will have significant impacts in the resource areas discussed below, and that these impacts cannot be avoided or reduced despite the incorporation of all feasible mitigation measures. These findings are based on the discussion of impacts in the detailed issue area analyses and cumulative impacts in Chapter 4.2, Agricultural Resources; Chapter 4.3, Air Quality; Chapter 4.8, Greenhouse Gas Emissions; Chapter 4.12, Noise; and Chapter 4.15, Transportation, of the Draft EIR. For each significant and unavoidable impact identified below, the City has made a finding(s) pursuant to Public Resources Code Section 21081. An explanation of the rationale for each finding is also presented below.
Agricultural Resources
Impact AG-1: The project would result in the conversion of Prime Farmland, Farmland of Statewide Importance, or Unique Farmland land to non-agricultural land uses.
Finding: As part of the proposed project, the City will implement the following General Plan 2042 polices and actions:
• Policy LU-P1 .2. Maintain a well-defined compact urban form, with a defined urban growth boundary and development intensities on land designated for urban uses. 11 Policy LU-P1.3. Require that any land requested to be annexed be contiguous with the existing city limits, within the urban growth boundary, and within the sphere of influence.
Policy LU-P1 .4. Require lands outside, but adjacent to, the current city limits to annex to the City of Los Banos prior to approval of new development or provision of any City services.
" Policy LU-P1.9. Coordinate land use planning efforts between City departments and with local institutions and regional agencies.
" Action LU-A 1.4. Regularly evaluate and implement adjustments to the City's fee structure to encourage development in areas where infrastructure is already present and ensure that non-infill development pays its fair share of anticipated citywide capital facilities and operational costs.
" Policy LU-3. 1. Annexation proposals are required to meet the following basic requirements:
a. Consistency. Require that any land requested to be annexed is consistent with the policies of the City's General Plan and all appropriate City development standards.
b. Timing of Development. Require lands outside, but adjacent to, the current city limits to annex to the City of Los Banos prior to approval of new development.
c. Utilities. Require areas annexed to the City to be served by City utilities.
Prohibit new wells and septic systems to serve urban development within the city limits. Conversely, do not provide City utility services, water, and sanitary sewer to new development outside of the city limits unless annexation is approved. Prior to annexation, the City must find that adequate water supply and service and wastewater treatment and disposal capacity can be provided.
Existing water supplies must remain with the land and be transferred to the 24 129
City upon annexation approval.
d. Public Safety. Prior to annexation, the City must find that adequate police, fire, and other public safety services can be provided.
e. Mitigation. Require that new development projects include full mitigation of impacts to parks and recreational services, police and fire services, and public infrastructure, both on- and off-site.
• Policy LU-P4.5. Require development to transition in density, with lot sizes increasing to the south as a buffer for the adjoining rural and agricultural districts. • Policy LU-P6.4. lncentivize and encourage infill development, adaptive reuse of structures, and development on underutilized land to serve a variety of uses. • Action LU-A6.3. Target individual vacant and underutilized infill sites that are not part of larger neighborhood developments for additional high-density residential development.
• Action P-A5.1. Establish priorities for open space preservation and acquisition based on an evaluation of: Significant natural areas that are historically, ecologically, or scientifically unique or are outstanding, important or threatened; wildlife habitats and fragile ecosystems in need of protection; watersheds or significant water recharge areas; open space for safety and public health; lands suitable for recreation such as biking, photography or nature study; preserving or restoring natural features and ecosystem processes that can increase resiliency to climate change; and land suitable for agricultural production. • Policy P-P7. 1. Promote preservation of agriculture within the Planning Area. " Policy P-P7.2. Work with the County and with the Grassland Water District to preserve agricultural uses outside the urban growth boundary. • Policy P-P7.3. Protect productive agricultural areas from conversion to nonagricultural uses by establishing and implementing an agricultural mitigation program, with consistent standards based on Merced County's Agricultural Land Mitigation policy, that matches acres converted with farmland acres preserved at a 1 :1 ratio. The Land Evaluation and Site Assessment Model (LESA model) may be used to determine whether the conservation land is of equal or greater value than the land being converted.
• Policy P-P7.4. Support agricultural conservation easement programs managed by other public, private, and non-profit organizations.
• Policy P-P7. 5. Require developers of residential developments adjoining agricultural land to provide, fund, and maintain a physical buffer to ensure that agricultural practices will not be adversely affected.
• Policy P-P7. 6. Require property developers adjacent to sites where agricultural uses are being conducted to inform subsequent buyers of potential continued agricultural production and the lawful use of agricultural chemicals, including pesticides and fertilizers.
• Policy P-P7. 7. Require applicants of annexation proposals that would result in the conversion of 50 or more acres of Prime Farmland, Farmland of Statewide Importance, or Unique Farmland to do the following:
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• Prepare an inventory of the vacant land within the city limit zoned for similar uses as the proposed annexation, and an analysis of the probable build-out time for that quantity of vacant land given past development rates. When the inventory includes vacant land to support more than 12 years of development (10-year inventory plus an additional two years to account for annexation processes), the applicant shall demonstrate to the City's satisfaction why the existing vacant land within the city limits is not suitable for the proposed development.
• Prepare a phasing timeline that prioritizes development of lands with lesser farmland value, lands immediately adjacent to existing development within the city, lands with prior disturbance of farmland, lands that do not encroach beyond major barriers into areas of farmland not already partially developed, and/or lands that do not require cancellation or non-renewal of a Williamson Act contract.
~· Use major land features as boundaries, including roads, canals, creeks, or highway plan lines, so that annexation boundaries are physically separated from remaining agricultural land beyond the annexation area, when appropriate.
■ Action P-A 7. 1. Explore feasible and implementable policies and mitigation measures to address impacts to agricultural land, including:
■ Participating in a future Countywide agricultural mitigation program, if established, that preserves one acre of farmland for every acre converted. • Establishing or participating in a program to restore or improve land in Merced County to a level that meets the criteria of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, in order to create new farmland in addition to preserving existing farmland.
• Establishing a local right-to-farm ordinance.
■ Action P-A7.2. Establish and maintain a Grasslands Resources Overlay Zone (GROZ) for the inter-canal area between the San Luis Canal and the Santa Fe Canal north of the city limit where lands within the GROZ (allowing for the bypass) shall remain in agricultural and open space uses.
• Policy PFS-P3.6. Work with the Central California Irrigation District (CCID) in all annexed areas so that agricultural production can continue on annexed land until the time of development.
For the reasons stated in the EIR (Draft EIR at page 4.2-11 to 4.2-17), the City finds that changes or alterations have been incorporated into the General Plan 2042 which mitigate significant effects on the environment from Impact AG-1. Specifically, the General Plan 2042 policies and actions are feasible, and are hereby adopted and incorporated into the General Plan 2042 to mitigate significant effects from Impact AG1. However, even with implementation of these policies and actions, significant unavoidable impacts will occur as described above. Therefore, the City finds that specific 26 131
economic, legal, social, technological, or other considerations make it infeasible to reduce Impact AG-1 to a less-than-significant level.
Rationale for Finding: The proposed General Plan 2042 contains policies and actions to reduce the conversion of qualifying agricultural lands, such as Policy P-P7.3 that requires the City to protect productive agricultural areas from conversion to nonagricultural uses by establishing and implementing an agricultural mitigation program, with consistent standards based on Merced County's Agricultural Land Mitigation policy, that matches acres converted with farmland acres preserved at a 1: 1 ratio. The Land Evaluation and Site Assessment Model (LESA model) may be used to determine whether the conservation land is of equal or greater value than the land being converted.
Policy P-P7.4 that requires the City to support agricultural conservation easement programs managed by other public, private, and non-profit organizations, Policy P-P7.7 that requires applicants of annexation proposals that would result in the conversion of 50 or more acres to prepare inventories of vacant land that could serve the same purpose, and Actions P-A7.1 and P-A7.2 that require the City to explore feasible and implementable policies and mitigation measures to address impacts to agricultural lands and establish specific overlay zones to maintain existing agricultural lands, respectively.
These policies and actions would not reduce the amount of acreage converted under buildout of the proposed General Plan 2042; however, they would forestall development of the best agricultural land within the City's SOI. While these efforts and other mitigation measures were considered, such as preserving agricultural uses in the EIR Study Area, replacement of agricultural resources by replacing lost agricultural uses to other areas of the city, and relocation of Prime Farmland topsoil to other areas, these mitigations are not feasible. Additionally, other mitigating efforts, such as conservation easements, oneto-one preservation, and right-to-farm ordinances all work to mitigate impacts; however, the only way to fully avoid the agricultural impact from implementation of the proposed General Plan is to not allow development on state-designated Prime Farmland, Farmland of Statewide Importance, or Unique Farmland, thereby eliminating the agricultural impact. However, doing so is not feasible or practical as the City has a responsibility to meet other obligations, including increasing in the number and type of jobs available in Los Banos to reduce the need for residents to commute to high-quality jobs and providing a range of housing options affordable to all members of the community. These measures are critical to reducing single-occupant vehicle travel to and from Los Banos and meeting State targets for greenhouse gas emissions reduction.
The City needs to promote both economic development and corresponding residential development, as required by State housing law, within its adopted growth boundary.
While possible forms of mitigation for, or avoidance of, conservation of agricultural lands in the EIR Study Area would be implemented by the City through its General Plan policies and actions, reducing impacts to a less-than-significant level would be infeasible and inconsistent with other City planning goals and objectives. Therefore, no additional mitigation measures are available and the impact is determined to be significant and unavoidable with mitigation.
Impact AG-2: The project would conflict with existing zoning for agricultural use, or a Williamson Act contract.
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Finding: As part of the proposed project, the City will implement the General Plan 2042 polices and action previously listed (above) for Impact AG-1.
For the reasons stated in the EIR (Draft EIR at page 4.2-17 to 4.2-18), the City finds that changes or alterations have been incorporated into the General Plan 2042 which mitigate significant effects on the environment from Impact AG-2. Specifically, the General Plan 2042 policies and actions are feasible, and are hereby adopted and incorporated into the General Plan 2042 to mitigate significant effects from Impact AG2. However, even with implementation of these policies and actions, significant unavoidable impacts will occur as described above. Therefore, the City finds that specific economic, legal, social, technological, or other considerations make it infeasible to reduce Impact AG-2 to a less-than-significant level.
Rationale for Finding: The proposed General Plan 2042 includes policies and actions to minimize impacts from conflicts with Williamson Act lands and reduce the likelihood of premature contract cancellations by the property owners of the Williamson Act parcels in the EIR Study Area. Mitigation for this impact was considered, including the placement of other farmland under Williamson Act contract. However, the individual and cumulative loss of agricultural land under the Williamson Act caused by the proposed project would still occur. Given that CEQA does not require that the project be changed to avoid an impact, and no additional mitigation is available, this would result in a significant and unavoidable impact.
Impact AG-4: The project, in combination with past, present, and reasonably foreseeable projects, would result in cumulative impacts with respect to agricultural resources.
Finding: For the reasons stated in the EIR (Draft EIR at page 4.2-19 to 4.2-20), the City finds that changes or alterations have been incorporated into the General Plan 2042 which mitigate significant effects on the environment from Impact AG-4. Specifically, the General Plan 2042 policies and actions are feasible, and are hereby adopted and incorporated into the General Plan 2042 to mitigate significant effects from Impact AG1 . However, even with implementation of these policies and actions, significant unavoidable impacts will occur as described above. Therefore, the City finds that specific economic, legal, social, technological, or other considerations make it infeasible to reduce Impact AG-4 to a less-than-significant level.
Rationale for Finding: While the policies and actions in the General Plan 2042 would reduce and partially offset regional agricultural impacts, as well as consideration of mitigation measures to preserve agricultural lands, the only way to fully avoid the agricultural impact of the proposed General Plan is to not allow development on statedesignated farmland, thereby eliminating the agricultural impact. However, this would be infeasible and inconsistent with City planning goals and objectives. Further, the amount of growth foreseen in the region and the decisions of Merced County and other surrounding cities and counties regarding conversion of agricultural land are outside the control of the City of Los Banos. Therefore, this impact would be significant and unavoidable.
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Air Quality
Impact AIR-1: The project would result in the generation of substantial operational (longterm) criteria air pollutant emissions that would exceed the San Joaquin Valley Unified Air Pollution Control District regional significance thresholds and would therefore not be considered consistent with the existing Air Quality Management Plans.
Finding: As part of the proposed project, the City will implement the General Plan 2042 polices and action listed below for Impact AIR-2a and Impact AIR-2b.
For the reasons stated in the EIR (Draft EIR at page 4.3-31 to 4.3-33), the City finds that changes or alterations have been incorporated into the General Plan 2042 which mitigate significant effects on the environment from Impact AIR-1. Specifically, Mitigation Measure AIR-1 is feasible, and is hereby adopted and incorporated into the General Plan 2042 to mitigate significant effects from Impact AIR-1. However, even with implementation of this mitigation measure, significant unavoidable impacts will occur as described above. Therefore, the City finds that specific economic, legal, social, technological, or other considerations make it infeasible to reduce Impact AIR-1 to a less-than-significant level.
Mitigation Measure AIR-1: Implement Mitigation Measures AIR-2a and AIR-2b.
Rationale for Finding: The policies and actions of the project identified in Impact AIR2 (below), in addition to applicable San Joaquin Valley Unified Air Pollution Control District (SJVAPCD) rules and regulations, would reduce operational (long-term) criteria air pollutant emissions to the extent feasible. Implementation of Mitigation Measure AIR2a requires potential future development in Los Banos that is subject to CEQA (i.e., is a discretionary project) to prepare and submit a technical assessment evaluating potential project operation phase-related air quality impacts to the City of Los Banos for review and approval prior to project approval by the City. Where the technical assessment determines the SJVAPCD-adopted thresholds are exceeded, the applicants for new development projects would be required to incorporate mitigation measures to reduce air pollutant emissions during operational activities. Implementation of Mitigation Measure AIR-2b, in addition to applicable regulatory measures (e.g., SJVAPCD Rules 9510 and Regulation VIII) and General Plan 2042 goals and policies listed previously would reduce criteria air pollutant emissions from construction-related activities to the extent feasible and may result in reducing construction-related regional air quality impacts of subsequent individual projects to less than significant. However, because of the magnitude and intensity of development accommodated by the project, as well as regional air quality influences beyond the control of Los Banos, impacts associated with consistency with the SJVAPCD would remain significant and unavoidable. Therefore, there are no additional feasible mitigation measures would ensure consistency of the General Plan 2042 with the SJVAPCD's AQMPs.
Impact AIR-2a: Operation of development projects that could occur from implementation of the General Plan 2042 would generate emissions that would exceed the San Joaquin Valley Unified Air Pollution Control District regional significance thresholds for volatile 29 134
organic compounds (VOC), nitrogen oxides (NOx), and carbon monoxide (CO).
Finding: As part of the proposed project, the City will implement the following General Plan 2042 polices and actions:
• Policy LU-P4.8. Facilitate environmentally sensitive development practices by:
Exploring and promoting the use of new sustainable building materials, such as mass timber and cross laminated timber in new development, consistent with State building codes;
Encouraging the purchase of locally or regionally available materials, when practical;
Encouraging both passive solar design features and the incorporation of solar panels or solar-readiness;
Promoting the use of the U.S. Green Building Council's LEED rating system; and
" Creating Green Building Design Guidelines to be used in the development review process.
■ Policy C-P2.6. Reduce vehicle miles traveled (VMT) through measures such as improvements to public transportation and carpooling and offering safe routes for pedestrians and bicyclists.
■ Policy C-P3.2. Work with Merced County Transit to situate transit stops and hubs at locations that are convenient for transit users and promote increased transit ridership through the provision of shelters, benches, bike racks on buses, and other amenities.
■ Policy C-P3.3. Ensure that new development is designed to make transit a viable choice for residents. Design options include:
" Have neighborhood focal points with sheltered bus stops; ■ Locate medium- to high-density development near streets served by transit; and
■ Link neighborhoods to bus stops by continuous sidewalks or pedestrian paths. • Policy C-P4. 1. Develop bicycle lanes, routes, and paths consistent with the Los Banos Bicycle-Pedestrian Plan.
• Policy C-P4. 6. Provide for pedestrian-friendly zones in conjunction with the development, redevelopment, and design of mixed-use neighborhood core areas, the Downtown area, schools, parks, and other high-use areas by:
" Providing intersection "bump outs" to reduce walking distances across streets in the Downtown and other high-use areas;
■ Providing crosswalks at all signalized intersections; • Providing landscaping that encourages pedestrian use; and Constructing adequately lit and safe access through subdivision sites. • Policy C-P7.2. Support improvements to bikeways and sidewalks in disadvantaged communities to make active transportation more accessible, user-friendly, and safer, while decreasing vehicle speeds, congestion, and air pollution.
Policy P-P11.1. Improve air quality to promote public health, safety, and Los Banos' environmental quality.
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■ Policy P-P11.2. Make air quality a priority in land use planning by implementing emissions-reduction efforts targeting mobile sources, stationary sources, and construction-related sources.
• Policy P-P11.4. Support federal and state efforts to reduce greenhouse gases and emissions through local action that will reduce motor vehicle use, support alternative forms of transportation, require energy conservation in new construction, and energy management in public buildings. • Policy P-P11.5. Assume leadership in efforts to reduce toxic air pollutants and ozone-depleting compounds.
• Policy P-P11. 7. Prohibit wood-burning stoves and fireplaces in new development. • Policy P-P11.8. Use the San Joaquin Valley Air Pollution Control District Guidelines for Assessing and Mitigating Air Quality Impacts for determining and mitigating project air quality impacts and related thresholds of significance for use in environmental documents.
■ Action P-A 11. 1. Develop and implement a plan to provide clean air refuges during times when outdoor air quality is unhealthy.
• Action P-A 11.2. Purchase hybrid gasoline-electric or bio-diesel fuel vehicles for the City fleet and provide incentives to City employees who carpool or use hybrid vehicles.
• Policy P-P12. 1. Maximize tree planting, landscaping, green roofs, and other vegetation measures to mitigate heat gain and heat island effects, improve resilience, and create new spaces for biodiversity.
■ Policy P-P12.2. Where feasible, require use of materials that minimize heat island effect, such as cool pavements and cool roofs. Where feasible, minimize impervious and paved surfaces.
■ Policy P-P12.3. Encourage the use of low-emission building, such as HVAC equipment, and operation equipment for all new residential and commercial development.
For the reasons stated in the EIR (Draft EIR at page 4.3-33 to 4.3-40), the City finds that changes or alterations have been incorporated into the General Plan 2042 which mitigate significant effects on the environment from Impact AIR-2a. Specifically, Mitigation Measure AIR-2a is feasible, and is hereby adopted and incorporated into the General Plan 2042 to mitigate significant effects from Impact AIR-2a. However, even with implementation of this mitigation measure, significant unavoidable impacts will occur as described above. Therefore, the City finds that specific economic, legal, social, technological, or other considerations make it infeasible to reduce Impact AIR-2a to a less-than-significant level.
Mitigation Measure AIR-2a: Prior to discretionary approval by the City for development projects subject to California Environmental Quality Act (CEQA) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project operation phase-related air quality impacts to the City of Los Banos for review and approval. The evaluation shall be prepared in conformance with San Joaquin Valley Unified Air Pollution Control District (SJVAPCD) methodology in assessing air 31 136
quality impacts. If operation-related air pollutants are determined to have the potential to exceed the SJVAPCD-adopted thresholds of significance, as identified in the Guidance for Assessing and Mitigating Air Quality Impacts, the City of Los Banos Planning and Engineering Division shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during operational activities. The identified measures shall be included as part of the conditions of approval.
Possible mitigation measures to reduce operational (long-term) emissions can include, but are not limited to, the following:
" For site-specific development that requires refrigerated vehicles, the construction documents shall demonstrate an adequate number of electrical service connections at loading docks for plug-in of the anticipated number of refrigerated trailers to reduce idling time and emissions.
Applicants for manufacturing and light industrial uses shall consider energy storage and combined heat and power in appropriate applications to optimize renewable energy generation systems and avoid peak energy use. ,,. Site-specific developments with truck delivery and loading areas and truck parking spaces shall include signage as a reminder to limit idling of vehicles while parked for loading/unloading, in accordance with Section 2485 of Title 13, California Code of Regulations, Chapter 10.
• Provide changing/shower facilities as specified, at minimum, or greater than in the guidelines of the Nonresidential Voluntary Measures of the California Green Building Standards Code (CALGreen in Part 11 of Title 24). • Provide bicycle parking facilities equivalent to or greater than as specified in the Residential Voluntary Measures of CALGreen.
• Provide preferential parking spaces for low-emitting, fuel-efficient, and carpool/van vehicles equivalent to or greater than the Nonresidential Voluntary Measures of CAL Green.
• Provide facilities to support electric charging stations per the Nonresidential Voluntary Measures and the Residential Voluntary Measures of CALGreen. • Applicant-provided appliances shall be Energy Star-certified appliances or appliances of equivalent energy efficiency (e.g., dishwashers, refrigerators, clothes washers, and dryers). Installation of Energy Star-certified or equivalent appliances shall be verified by the City during plan check. • Applicants for future development projects along existing and planned transit routes shall coordinate with the Los Banos and Merced Transit Authority to ensure that bus pad and shelter improvements are incorporated, as appropriate. " Applicants for future development projects shall enter into a Voluntary Emissions Reduction Agreement (VERA) with the SJVAPCD. The VERA shall identify the amount of emissions to be reduced, in addition to the amount of funds to be paid by the project applicant to the SJVAPCD to implement emission-reduction projects required for the project.
Rationale for Finding: Implementation of the project would generate emissions that would exceed the SJVAPCD regional significance thresholds for VOC, NOx, and CO.
The proposed General Plan 2042 includes policies and actions to reduce these long32 137
term regional criteria air pollutant emissions. In addition, Mitigation Measure AIR-2a requires potential future development in Los Banos that is subject to CEQA (i.e., is a discretionary project) to prepare and submit a technical assessment evaluating potential project operation phase-related air quality impacts to the City of Los Banos for review and approval prior to project approval by the City. Where the technical assessment determines the SJVAPCD-adopted thresholds are exceeded, the applicants for new development projects would be required to incorporate mitigation measures to reduce air pollutant emissions during operational activities. Due to the programmatic nature of this EIR, the impact is found to be significant and unavoidable. The identification of this program-level impact does not preclude the finding of less-than-significant impacts for subsequent individual projects that meet applicable thresholds of significance. Due to the programmatic nature of the proposed project, no additional mitigating policies are available, and the impact is considered significant and unavoidable. Due to the programmatic nature of the proposed project, no additional mitigating policies are available, and the impact is considered significant and unavoidable.
Impact AIR-2b: Construction activities associated with buildout of the General Plan 2042 would generate substantial short-term criteria air pollutant emissions that would exceed the San Joaquin Valley Unified Air Pollution Control District regional significance thresholds and cumulatively contribute to the nonattainment designations of the San Joaquin Valley Air Basin.
Finding: As part of the proposed project, the City will implement the following General Plan 2042 policy:
• Policy P-P11.6. Require developers to implement best management practices to reduce air pollutant emissions due to construction work and operation of equipment.
• During clearing, grading, earth-moving or excavation operations, fugitive dust emissions shall be controlled by regular watering, paving of construction roads, or other dust-preventive measures.
■ All materials excavated or graded shall be either sufficiently watered or covered by canvas or plastic sheeting to prevent excessive amounts of dust. • All materials transported off-site shall be either sufficiently watered or covered by canvas or plastic sheeting to prevent excessive amounts of dust. ■ All motorized vehicles shall have their tires watered before exiting a construction site.
■ The area disturbed by demolition, clearing, grading, earth-moving, or excavation shall be minimized at all times
■ All construction-related equipment shall be maintained in good working order to reduce exhaust from this equipment.
Mitigation Measure: For the reasons stated in the EIR (Draft EIR at page 4.3-41 to 4.3- 44 ), the City finds that changes or alterations have been incorporated into the General Plan 2042 which mitigate significant effects on the environment from Impact AIR-2b.
Specifically, Mitigation Measure AIR-2b is feasible, and is hereby adopted and incorporated into the General Plan 2042 to mitigate significant effects from Impact AIR33 138
2b. However, even with implementation of this mitigation measure, significant unavoidable impacts will occur as described above. Therefore, the City finds that specific economic, legal, social, technological, or other considerations make it infeasible to reduce Impact AIR-2b to a less-than-significant level.
Rationale for Finding: Implementation of the project would occur over a period of 20 years or longer. Construction activities associated with development allowed under the proposed project could generate short-term emissions that exceed the SJVAPCD's significance thresholds during this time and cumulatively contribute to the nonattainment designations of the SJVAB. Implementation of Mitigation Measure AIR-2b, in addition to applicable regulatory measures (e.g., SJVAPCD Rules 9510 and Regulation VIII) and General Plan 2042 policies listed previously would reduce criteria air pollutant emissions from construction-related activities to the extent feasible and may result in reducing construction-related regional air quality impacts of subsequent individual projects to less than significant. However, due to the programmatic nature of the General Plan 2042, construction time frames and equipment for individual site-specific projects are not available and there is a potential for multiple developments to be constructed at any one time, resulting in significant construction-related emissions. Therefore, despite adherence to Mitigation Measure AIR-2b, this impact would remain significant and unavoidable. The identification of this program-level impact does not preclude the finding of less-than-significant impacts for subsequent individual projects that meet applicable thresholds of significance. Due to the programmatic nature of the General Plan 2042, no additional mitigating policies are available, and the impact is considered significant and unavoidable.
Impact AIR-3a: Implementation of the General Plan 2042 could expose air qualitysensitive receptors to substantial toxic air contaminant concentrations from nonpermitted sources during operation.
Finding: As part of the proposed project, the City will implement the following General Plan 2042 policies:
• Policy P-P13.1. Require a cumulative health risk assessment, including consideration of truck traffic impacts, when a project potentially affects sensitive receptors in disadvantaged communities, and require appropriate mitigation based on the findings of the assessment.
• Policy P-P13.2. When evaluating health risk impacts of projects in disadvantaged communities, use a cancer risk of 1.0 per million as the threshold for a significant impact.
• Policy P-P13.3. Require new development to site sensitive receptors, such as homes, schools, playgrounds, sports fields, childcare centers, senior centers, and long-term healthcare facilities as far away as possible from significant pollution sources.
• Policy P-P13.4. When evaluating air quality impacts of projects in disadvantaged communities, use thresholds of significance that match or are more stringent than the air quality thresholds of significance identified in the current San Joaquin Valley Air Pollution Control District Air Quality Guidelines.
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■ Policy P-P13. 7. Require warehouse and distribution facilities to provide adequate on-site truck parking to prevent idling, and require refrigerated warehouses to provide generators for refrigerated trucks.
For the reasons stated in the EIR (Draft EIR at page 4.3-44 to 4.3-48), the City finds that changes or alterations have been incorporated into the General Plan 2042 which mitigate significant effects on the environment from Impact AIR-3a. Specifically, Mitigation Measure AIR-3a is feasible, and is hereby adopted and incorporated into the General Plan 2042 to mitigate significant effects from Impact AIR-3a. However, even with implementation of this mitigation measure, significant unavoidable impacts will occur as described above. Therefore, the City finds that specific economic, legal, social, technological, or other considerations make it infeasible to reduce Impact AIR-3a to a less-than-significant level.
Mitigation Measure AIR-3a: Prior to discretionary approval by the City of Los Banos for development projects subject to California Environmental Quality Act (CEQA) review (i.e., non-exempt projects), applicants for industrial or warehousing land uses in addition to commercial land uses that would generate substantial diesel truck travel (i.e., 100 diesel trucks per day or 40 or more trucks with diesel-powered transport refrigeration units per day based on the California Air Resources Board recommendations for siting new sensitive land uses) shall prepare an operational health risk assessment (HRA) to the City of Los Banos for review and approval. If the operational health risk assessment determines the new development poses health hazards that increase the incremental cancer risk above the threshold established by the San Joaquin Valley Unified Air Pollution Control District (SJVAPCD), project-specific mitigation measures shall be integrated to reduce cancer and acute risk below the SJVAPCD threshold.
The operational HRA shall be prepared in accordance with policies and procedures of the State Office of Environmental Health Hazard Assessment and the SJVAPCD. If the operational HRA shows that the incremental cancer risk exceeds 20 in a million, the appropriate noncancer hazard index exceeds 1.0; or the thresholds as determined by the SJVAPCD at the time a project is considered, the project applicant will be required to identify and demonstrate that measures are capable of reducing potential cancer and noncancer risks to an acceptable level, including appropriate enforcement mechanisms. • Measures to reduce risk impacts may include, but are not limited to:
• Restricting idling on-site beyond Air Toxic Control Measures idling restrictions, as feasible.
" Electrifying warehousing docks.
" Requiring use of newer equipment and/or vehicles.
,., Restricting off-site truck travel through the creation of truck routes.
The operational HRA shall be submitted to the City of Los Banos. Measures identified in the operational HRA shall be identified as mitigation measures in the environmental document and/or incorporated into the site development plan as a component of the proposed project.
Rationale for Finding: Potential future development from implementation of the project 35 140
could result in a substantial increase in DPM near existing or planned air quality-sensitive receptors (e.g., children, the elderly, the acutely ill, and the chronically ill, especially those with cardiorespiratory diseases, and disadvantaged communities). Mitigation Measure AIR-3a would ensure mobile sources of emissions not covered under SJVAPCD permits are considered during subsequent project-level environmental review by the City of Los Banos. Potential future development projects in the city that have the potential to generate potentially significant risks associated with the release of TA Cs are required to undergo an analysis of their potential health risks associated with TACs based upon the specific details of each individual project. Although individual projects would be required to have less-than-significant impacts, cumulative development in the city would result in an increase in DPM concentrations and could increase the environmental burden on sensitive populations, including environmental justice communities, in the SJVAB. Overall, because there are no specific development projects identified or approved under the General Plan 2042 and the location and exact nature of future development projects are unknown, determining health risk at this time is considered speculative pursuant to Section 15145 of the CEQA Guidelines. Health risk impacts from development of industrial and commercial land uses are considered a significant and unavoidable cumulative impact. Due to the programmatic nature of the proposed project, no additional mitigating policies are available, and the impact is considered significant and unavoidable.
Impact AIR-3b: Construction activities associated with potential future development from implementation of the General Plan 2042 could expose nearby air quality-sensitive receptors to substantial concentrations of toxic air contaminants during construction.
Finding: For the reasons stated in the EIR (Draft EIR at page 4.3-48 to 4.3-50), the City finds that changes or alterations have been incorporated into the General Plan 2042 which mitigate significant effects on the environment from Impact AIR-3b. Specifically, Mitigation Measure AIR-3b is feasible, and is hereby adopted and incorporated into the General Plan 2042 to mitigate significant effects from Impact AIR-3b. However, even with implementation of this mitigation measure, significant unavoidable impacts will occur as described above. Therefore, the City finds that specific economic, legal, social, technological, or other considerations make it infeasible to reduce Impact AIR-3b to a less-than-significant level.
Mitigation Measure AIR-3b: Implement Mitigation Measure AIR-2b.
Rationale for Finding: Implementation of the project would occur over a period of 20 years or longer. Construction activities associated with development allowed under the proposed project could generate short-term emissions that could expose air qualitysensitive receptors to construction emissions. As previously described in Impact AIR-2b, implementation of Mitigation Measure AIR-2b, in addition to applicable regulatory measures, would reduce criteria air pollutant emissions from construction-related activities to the extent feasible and may result in reducing construction-related regional air quality impacts of subsequent individual projects to less than significant. However, due to the programmatic nature of the proposed project, construction time frames and equipment for individual site-specific projects are not available and there is a potential 36 141
for multiple developments to be constructed at any one time, resulting in significant construction-related emissions. Therefore, despite adherence to Mitigation Measure AIR-2b, this impact would remain significant and unavoidable. The identification of this program-level impact does not preclude the finding of less-than-significant impacts for subsequent individual projects that meet applicable thresholds of significance. Due to the programmatic nature of the proposed project, no additional mitigating policies are available, and the impact is considered significant and unavoidable.
Impact AIR-5: Implementation of General Plan 2042 would generate a substantial increase in emissions that exceeds the San Joaquin Valley Unified Air Pollution Control District significance thresholds and would cumulatively contribute to the nonattainment designations and health risk in the San Joaquin Valley Air Basin.
Finding: For the reasons stated in the EIR (Draft EIR at page 4.3-51 to 4.3-52), the City finds that changes or alterations have been incorporated into the General Plan 2042 which mitigate significant effects on the environment from Impact AIR-5. Specifically, Mitigation Measure AIR-5 is feasible, and is hereby adopted and incorporated into the General Plan 2042 to mitigate significant effects from Impact AIR-5. However, even with implementation of this mitigation measure, significant unavoidable impacts will occur as described above. Therefore, the City finds that specific economic, legal, social, technological, or other considerations make it infeasible to reduce Impact AIR-5 to a less-than-significant level.
Mitigation Measure AIR-5: Implement Mitigation Measures AIR-2a, AIR-2b, AIR-3a, AIR-3b, and AIR-4.
Rationale for Finding: Criteria air pollutant emissions generated by land uses within the proposed project could exceed the SJVAPCD regional thresholds (see Impacts AIR2 and AIR-3). Air quality impacts identified in the discussion under Impacts AIR-2a, AIR2b, AIR-3a, and AIR-3b constitute the proposed project's contribution to cumulative air quality impacts in the SJVAB. Mitigation Measures AIR-2a, AIR-2b, AIR-3a, and AIR-3b, identified previously to reduce project-related emissions, would reduce impacts to the extent feasible. Due to the programmatic nature of the proposed project, no additional mitigation measures are available. Air pollutant emissions associated with the proposed project would result in a cumulatively considerable contribution to air quality impacts and remain significant and unavoidable at the program level.
Greenhouse Gas Emissions
Impact GHG-1: Implementation of the General Plan 2042 would not meet the long-term greenhouse gas emissions reduction goal or substantial progress toward carbon neutrality goals under applicable statewide legislative GHG emission reduction requirements.
Finding: As part of the proposed project, the City will implement the following General Plan 2042 policies and action:
., Policy LU-P4.8. Facilitate environmentally sensitive development practices by:
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• Exploring and promoting the use of new sustainable building materials, such as mass timber and cross-laminated timber in new development, consistent with State building codes;
• Encouraging the purchase of locally or regionally available materials, when practical;
■ Encouraging both passive solar design features and the incorporation of solar panels or solar-readiness;
• Promoting the use of the U.S. Green Building Council's LEED rating system; and
• Creating Green Building Design Guidelines to be used in the development review process.
• Policy P-P12. 1. Maximize tree planting, landscaping, green roofs, and other vegetation measures to mitigate heat gain and heat island effects, improve resilience, and create new spaces for biodiversity.
• Policy P-P12.2. Where feasible, require use of materials that minimize heat island effect, such as cool pavements and cool roofs. Where feasible, minimize impervious and paved surfaces.
• Policy P-P12.3. Encourage the use of low-emission building, such as HVAC equipment, and operation equipment for all new residential and commercial development.
• Policy P-P12.4. Provide incentives and/or partner with the Community Choice Aggregation agency for improving energy efficiency in existing buildings. • Policy P-P12.5. Educate City employees and department managers about sustainability with a focus on specific operational changes that can be made to reduce greenhouse gas emissions, such as fuel-efficient driving, and reducing energy use at work.
• Policy P-P13.1. Require a cumulative health risk assessment, including consideration of truck traffic impacts, when a project potentially affects sensitive receptors in disadvantaged communities, and require appropriate mitigation based on the findings of the assessment.
• Policy P-P13.2. When evaluating health risk impacts of projects in disadvantaged communities, use a cancer risk of 1.0 per million as the threshold for a significant impact.
• Policy P-P13.3. Require new development to site-sensitive receptors, such as homes, schools, playgrounds, sports fields, childcare centers, senior centers, and long-term healthcare facilities as far away as possible from significant pollution sources.
• Policy P.:.P13.4. When evaluating air quality impacts of projects in disadvantaged communities, use thresholds of significance that match or are more stringent than the air quality thresholds of significance identified in the current San Joaquin Valley Air Pollution Control District Air Quality Guidelines.
• Policy P-P13.5. Prioritize new street tree plantings and increase the tree canopy in disadvantaged communities, in particular areas with a high heat index. 38 143
• Policy P-P13.6. Preserve, restore, and enhance natural landscapes in and near disadvantaged communities for their role in improving air quality and community health and increasing resilience against climate change. ,. Policy P-P13. 7. Require warehouse and distribution facilities to provide adequate on-site truck parking to prevent idling and require refrigerated warehouses to provide generators for refrigerated trucks.
" Action P-A 13. 1. Complete an urban forest master plan that includes quantified goals and tracking methods, prioritizing disadvantaged communities.
For the reasons stated in the EIR (Draft EIR at page 4.8-18 to 4.8-22), the City finds that changes or alterations have been incorporated into the General Plan 2042 which mitigate significant effects on the environment from Impact GHG-1. Specifically, Mitigation Measure GHG-1 is feasible, and is hereby adopted and incorporated into the General Plan 2042 to mitigate significant effects from Impact GHG-1. However, even with implementation of this mitigation measure, significant unavoidable impacts will occur as described above. Therefore, the City finds that specific economic, legal, social, technological, or other considerations make it infeasible to reduce Impact GHG-1 to a less-than-significant level.
Mitigation Measure GHG-1: The City of Los Banos shall prepare a Climate Action Plan (CAP) to achieve the GHG reduction targets of Senate Bill 32 for year 2030 and the latest applicable statewide legislative GHG emission reduction requirements that may be in effect at the time of the CAP. The CAP shall be completed within 24 months of certification of the General Plan EIR. The CAP shall be updated every five years to ensure the City is monitoring the plan's progress toward achieving the City's greenhouse gas (GHG) reduction target and to require amendment if the plan is not achieving the specified level. The update shall consider a trajectory consistent with the GHG emissions-reduction goal established under the latest applicable statewide legislative GHG emission reduction that may be in effect at the time of the CAP update (e.g., Senate Bill 32 for year 2030). The CAP update shall include the following:
• GHG inventories of existing and forecast year GHG levels. ,. Tools and strategies for reducing GHG emissions to achieve the GHG reduction goals of Senate Bill 32 for year 2030 and the latest applicable statewide legislative GHG emission reduction requirements that may be in effect at the time of the CAP update.
• Tools and strategies for reducing GHG emissions to ensure a trajectory with the long-term GHG reduction goal of the latest applicable statewide legislative GHG emission reduction requirements that may be in effect at the time of the CAP update.
• Plan implementation guidance that includes, at minimum, the following components consistent with the proposed CAP:
~. Administration and Staffing
Finance and Budgeting
,. Timelines for Measure Implementation
Community Outreach and Education
Monitoring, Reporting, and Adaptive Management
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• Tracking Tools
Rationale for Finding: Implementation of Mitigation Measure GHG-1 would ensure that the City prepares a CAP to achieve the GHG reduction goals of SB 32 and chart a trajectory to achieve the long-term year 2050 GHG reduction goal set by EO S-03-05 and substantial progress toward the State's carbon neutrality goals of EO B-55-18, and would ensure that the City is tracking and monitoring GHG emissions. However, given the growth in population and employment within the city and the magnitude of emission reductions needed to achieve the GHG-reduction target, GHG emissions are considered significant and unavoidable.
Impact GHG-3: Implementation of the General Plan 2042 would not meet the long-term greenhouse gas emission reduction goal under Executive Order (EO) S-03-05 or substantial progress toward carbon neutrality goals under EO B-55-18.
Findings: For the reasons stated in the EIR (Draft EIR at page 4.3-23 to 4.3-24), the City finds that changes or alterations have been incorporated into the General Plan 2042 which mitigate significant effects on the environment from Impact GHG-3. Specifically, Mitigation Measure GHG-3 is feasible, and is hereby adopted and incorporated into the General Plan 2042 to mitigate significant effects from Impact GHG-3. However, even with implementation of this mitigation measure, significant unavoidable impacts will occur as described above. Therefore, the City finds that specific economic, legal, social, technological, or other considerations make it infeasible to reduce Impact GHG-3 to a less-than-significant level.
Mitigation Measure GHG-3: Implement Mitigation Measure GHG-1.
Rationale for Findings: Implementation of Mitigation Measure GHG-1 would ensure that the City prepares a CAP to achieve the GHG reduction goals of SB 32 and chart a trajectory to achieve the long-term year 2050 GHG reduction goal set by EO S-03-05 and substantial progress toward the State's carbon neutrality goals of EO B-55-18, and would ensure that the City is tracking and monitoring the city's GHG emissions. However, given the growth in population and employment within the city and the magnitude of emissions reductions needed to achieve the GHG-reduction target, GHG emissions are considered significant and unavoidable.
Noise
Impact NOl-1a: Construction activities associated with potential future development projects from implementation of the General Plan 2042 could expose noise-sensitive receptors in close proximity to a construction site to construction noise that exceeds 80 a-weighted decibel (dBA) equivalent continuous noise level over an 8-hour period (Leq(Bhr)).
Finding: As part of the proposed project, the City will implement the following General Plan 2042 policies and action:
"' Policy S-PB.5. Protect especially sensitive uses, including schools, hospitals, and senior care facilities, from excessive noise.
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• Policy S-PB.6. Require the use of Best Available Control Technology (BACT) to minimize noise from all stationary sources as well as mobile/temporary sources such as operation of construction equipment.
• Action S-AB.3. The City shall establish and adopt a list of construction best management practices to be implemented during the construction phase and incorporated into Los Banos Municipal Code Article 27, Noise Control, to protect noise sensitive receptors (e.g., residences, schools, and hospitals) from the temporary effects of construction noise. The City of Los Banos Building Department shall verify that construction best management practices, as appropriate, are on the demolition, grading, and construction plans prior to issuance of demolition, grading and/or building permits.
For the reasons stated in the EIR (Draft EIR at page 4.12-23 to 4.12-26), the City finds that changes or alterations have been incorporated into the General Plan 2042 which mitigate significant effects on the environment from Impact NOl-1 a. Specifically, General Plan policies and actions listed above are feasible, and is hereby adopted and incorporated into the General Plan 2042 to mitigate significant effects from Impact NOl1 a. However, even with implementation of the listed policies and actions, significant unavoidable impacts will occur as described above. Therefore, the City finds that specific economic, legal, social, technological, or other considerations make it infeasible to reduce Impact NOl-1 a to a less-than-significant level.
Rationale for Finding: The proposed General Plan 2042 contains policies and actions to reduce construction from future construction projects in Los Banos. Implementation of the General Plan 2042 Action S-A8.3 would ensure that construction noise impacts are reduced to the degree feasible. The implementation of construction best management practices developed as part of General Plan 2042 Action S-A8.3 that are applied throughout the entire active construction period would help to ensure that construction noise is minimized to the extent feasible. Because construction activities associated with any individual development may occur near noise-sensitive receptors and because, depending on the project type, equipment list, time of day, phasing and overall construction durations, noise disturbances may occur for prolonged periods of time, during the more sensitive nighttime hours, or may exceed 80 dBA Leq(Bhr) even with project-level mitigation, construction noise impacts associated with implementation of the proposed project are considered significant and unavoidable.
Impact NOl-1 b: Implementation of the General Plan 2042 traffic noise level increases of up to 2.6 a-weighted decibel (dBA) community noise equivalent level (CNEL) are estimated along State Route 152 between Badger Flat Road and Ortigalita Road which would exceed the City's 1.5 dBA increase threshold.
Finding: As part of the proposed project, the City will implement the following General Plan 2042 policies and action:
, Policy S-PB.3. Promote the use of noise attenuation measures to improve the acoustic environment inside residences where existing single-family residential development is located on an arterial street.
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• Policy S-PB.4. Discourage sound walls, except along freeways, unless they are needed as a measure of last resort. In all other instances, permit sound walls only upon finding that alternative noise attenuation measures are not available. As an alternative to sound walls, use "quiet pavement," such as rubberized asphalt or open-grade asphalt concrete overlays. Roadway noise reduction of up to 6-7 dBA compared to conventional asphalt overlay may be possible, but the effective lifespan of such pavement should be considered.
• Action S-AB. 1. Prohibit long-term noise increases above the following at existing sensitive receptor property lines (e.g., from traffic noise increases), or new uses that generate noise levels at a sensitive receptor property line:
"' Greater than 1.5 dBA CNEL increase for ambient noise environments of 65 dBA CNEL and higher;
"' Greater than 3 dBA CNEL increase for ambient noise environments of 60 - 64 CNEL; and
Greater than 5 dBA CNEL increase for ambient noise environments of less than 60 dBACNEL.
For projects that exceed these noise increases due to project-generated traffic noise, a "fair share" fund shall be considered where projects exceeding these increases pay into a fund for roadway improvements (e.g., repaving with "quiet pavement" to reduce traffic noise levels).
For the reasons stated in the EIR (Draft EIR at page 4.12-26 to 4.12-33), the City finds that changes or alterations have been incorporated into the General Plan 2042 which mitigate significant effects on the environment from Impact NOl-1 b. Specifically, Mitigation Measure NOl-1 bis feasible, and is hereby adopted and incorporated into the General Plan 2042 to mitigate significant effects from Impact NOl-1 b. However, even with implementation of this mitigation measure, significant unavoidable impacts will occur as described above. Therefore, the City finds that specific economic, legal, social, technological, or other considerations make it infeasible to reduce Impact NOl-1 b to a less-than-significant level.
Rationale for Finding: While implementation of the proposed General Plan 2042 Action S-A8.1 would ensure roadway improvements could be made to reduce traffic noise levels along the Pioneer Road extension that would meet the City's noise and land use standards for Normally Acceptable, the City does not have jurisdiction over SR-152.
While traffic noise along this segment could result in a net decrease of traffic noise with the installation of "quiet pavement" materials and reduce noise impacts to below the City's thresholds, because the impacted roadway segment on SR-152 is under the jurisdiction of Caltrans, it is not feasible for the City of Los Banos to implement any roadway improvements on the segment. Accordingly, the impact would be significant and unavoidable.
Impact NOl-4a: The General Plan 2042, in combination with past, present, and reasonably foreseeable projects, could result in a significant cumulative impact with respect to construction noise.
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Finding: For the reasons stated in the EIR (Draft EIR at page 4.12-38 to 4.12-39), the City finds that changes or alterations have been incorporated into the General Plan 2042 which mitigate significant effects on the environment from Impact NOl-4a. Specifically, Mitigation Measure NOl-4a is feasible, and is hereby adopted and incorporated into the General Plan 2042 to mitigate significant effects from Impact NOl-4a. However, even with implementation of this mitigation measure, significant unavoidable impacts will occur as described above. Therefore, the City finds that specific economic, legal, social, technological, or other considerations make it infeasible to reduce Impact NOl-4a to a less-than-significant level.
Rationale for Finding: Implementation of the General Plan 2042 Action S-A8.3 would ensure that construction noise impacts are reduced to the degree feasible. The implementation of construction best management practices developed as part of General Plan 2042 Action S-A8.3 that are applied throughout the entire active construction period would help to ensure that construction noise is minimized to the extent feasible. Because construction activities associated with any individual development may occur near noise-sensitive receptors and because, depending on the project type, equipment list, time of day, phasing and overall construction durations, noise disturbances may occur for prolonged periods of time, during the more sensitive nighttime hours, or may exceed 80 dBA Leq(Bhr} even with project-level mitigation, cumulative construction noise impacts associated with implementation of the proposed General Plan 2042 are considered significant and unavoidable at the program level.
Impact NOl-4b: General Plan 2042, in combination with past, present, and reasonably foreseeable projects, could result in a significant cumulative impact with respect to roadway noise on State Route 152 between Badger Flat Road and Ortigalita Road.
Finding: For the reasons stated in the EIR (Draft EIR at page 4.12-39 to 4.12-40), the City finds that changes or alterations have been incorporated into the General Plan 2042 which mitigate significant effects on the environment from Impact NOl-4b. Specifically, Mitigation Measure NOl-4a is feasible, and is hereby adopted and incorporated into the General Plan 2042 to mitigate significant effects from Impact NOl-4b. However, even with implementation of this mitigation measure, significant unavoidable impacts will occur as described above. Therefore, the City finds that specific economic, legal, social, technological, or other considerations make it infeasible to reduce Impact NOl-4b to a less-than-significant level.
Mitigation Measure NOl-4b: Implement Mitigation Measure NOl-1 b.
Rational for Finding: While implementation of the proposed General Plan 2042 Action S-A8.1 would ensure roadway improvements could be made to reduce traffic noise levels along the Pioneer Road extension that would meet the City's noise and land use standards for Normally Acceptable, the City does not have jurisdiction over SR-152.
While traffic noise along this segment could result in a net decrease of traffic noise with the installation of "quiet pavement" materials and reduce noise impacts to below the City's thresholds, because the impacted roadway segment on SR-152 is under the jurisdiction of Caltrans, it is not feasible for the City of Los Banos to implement any 43 148
roadway improvements on the segment. Accordingly, the impact would be significant and unavoidable.
Transportation
Impact TRAN-2: Implementation of the General Plan 2042 would result in a significant vehicle mile traveled (VMT) impact for VMT per service population due to forecast land use growth through 2042, based on a comparison of the VMT rate increment for VMT per service population to the corresponding average baseline rates for the Merced County region.
Finding: As part of the proposed project, the City will implement the General Plan 2042 policies and actions in Impact TRANS-1 listed previously.
For the reasons stated in the EIR (Draft EIR at page 4.15-24 to 4.15-29), the City finds that changes or alterations have been incorporated into the General Plan 2042 which mitigate significant effects on the environment from Impact TRAN-2. Specifically, the General Plan 2042 listed in Impact TRAN-1 are feasible, and are hereby adopted and incorporated into the General Plan 2042 to mitigate significant effects from Impact TRAN-2. However, even with implementation of these policies and actions, significant unavoidable impacts will occur as described above. Therefore, the City finds that specific economic, legal, social, technological, or other considerations make it infeasible to reduce Impact TRAN-2 to a less-than-significant level.
Rationale for Finding: Implementation of the General Plan 2042 policies and actions would ensure that VMT are reduced to the degree feasible. Policy C-P2.5 requires the City to achieve State-mandated VMT reductions by requiring development and transportation projects to meet specific VMT metrics at the project level, and in the event a proposed project does not meet these metrics, require measures to reduce the additional VMT associated with the project, consistent with City's adopted thresholds.
Policy C-P2-6 requires the City to reduce VMT by pursuing improvements to public transportation and carpooling and offering safe routes for pedestrians and bicyclists.
Action C-A2.1 requires the City to participate in regional efforts to develop guidelines for calculating the projected VMT associated with future development projects and transportation improvements. The guidelines also should cover administration, screening criteria, and appropriate Transportation Demand Management measures and monitoring procedures, and routinely reassessed and revised as needed to reflect changing conditions. Action C-A2.2 requires the City to reduce VMT and the City shall study the feasibility of a Trip Reduction Ordinance to support achievement of the VMT reduction standard that reflects General Plan 2042 Policy C-P2.5. In addition, as listed in impact discussion TRAN-1, the City has numerous policies to promote safe and userfriendly transit and improve the bicycle and pedestrian network in Los Banos, all which would serve to promote alternative forms of transportation and reduce VMT.
Impacts for VMT per service population are considered significant and unavoidable. This is because even with the proposed General Plan 2042 policies and actions, the City of Los Banos may not achieve the overall VMT threshold reduction level as the 44 149
effectiveness of VMT reductions strategies is not certain. Due to the programmatic nature of the proposed project, no additional mitigation measures are available, and the impact is considered significant and unavoidable.
Impact TRAN-5: Implementation of the General Plan 2042 would cumulatively contribute to regional VMT.
Finding: For the reasons stated in the EIR (Draft EIR at page 4.15-33), the City finds that changes or alterations have been incorporated into the General Plan 2042 which mitigate significant effects on the environment from Impact TRAN-5. Specifically, the General Plan 2042 listed in Impact TRAN-1 are feasible, and are hereby adopted and incorporated into the General Plan 2042 to mitigate significant effects from Impact TRAN-5. However, even with implementation of these policies and actions, significant unavoidable impacts will occur as described above. Therefore, the City finds that specific economic, legal, social, technological, or other considerations make it infeasible to reduce Impact TRAN-5 to a less-than-significant level.
Rationale for Finding: Even with the General Plan policies and actions described in impact discussion TRAN-2, the City of Los Banos may not be able to achieve the VMT rate reductions specified in Policy C-P2.5 and the effectiveness of VMT reduction strategies is not certain. As such, the cumulative impact on VMT with mitigation is considered significant and unavoidable.
D. Findings on Project Alternatives
Alternatives Analyzed in the EIR
In compliance with CEQA and the CEQA Guidelines, the EIR evaluated a reasonable range of alternatives to the General Plan 2042. The EIR's analysis examined the potential feasibility of each alternative, its environmental effects, and its ability to meet the project objectives. The alternatives analysis included analysis of a no-project alternative and identified the environmentally superior alternative. Chapter 5 of the Draft EIR evaluated two alternatives to the project: Alternative A: No Project and Alternative B: Focused Growth.
Brief summaries of these alternatives and findings are provided below.
Alternative A: No Project
The No Project Alternative assumes continued implementation of the current General Plan 2030, and the existing goals, policies, and actions. The No Project Alternative would not incorporate new topics that are now required by State law, such as environmental justice, and would not revise relevant policies and actions to meet those requirements.
Future development permitted under the No Project Alternative would not increase development potential in Los Banos beyond what was considered in the existing General Plan 2030 and analyzed in the associated EIR (State Clearinghouse No. 2006121055), but rather assumes the remaining development growth, which could result in increases in households (17,000), residential units (17,900), population (54,200), and jobs 45 150
(41,900). No General Plan land use designations or Zoning District changes would occur to accommodate these uses. No changes to the Sphere of Influence, Urban Growth Boundary, or Area of Interest would occur. The No Project Alternative would also not adopt the proposed Annexation Ordinance.
Finding: Pursuant to Public Resources Code Section 21081(a)(3) and CEQA Guidelines Section 15091 (a)(3), the City finds that the specific economic, legal, social, technological, or other considerations, including failure to meet project objectives, render the No Project Alternative infeasible. This alternative would not avoid or lessen significant impacts from the General Plan 2042, including effects related to the agricultural resources, air quality, greenhouse gas emissions, noise, and transportation.
The No Project Alternative would not accomplish the basic project objectives for the General Plan 2042. In addition, the No Project Alternative would increase impacts from the General Plan 2042 in the environmental topic areas of aesthetics, agricultural resources, air quality, biological resources, cultural and tribal cultural resources, energy, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, noise, population and housing, public services and recreation, transportation, utilities and service systems, and wildfire. The City therefore rejects this alternative as unrealistic and infeasible for the reasons listed above and as stated in the EIR. (Draft EIR at Section 5.4.3).
Alternative B: Focused Growth
The Focused Growth Alternative would include the new General Plan 2042 goals, policies, and actions and incorporate new topics that are now required by State law, such as environmental justice, and would revise relevant policies and actions to meet those requirements. Future development under the Focused Growth Alternative would be the same as the proposed project, which could result in increases in households (8,300), residential units (8,900), population (29,600), and jobs (5,000). The Focused Growth Alternative would adopt the Annexation Ordinance. The Focused Growth Alternative would maintain the current Los Banos Sphere of Influence that was approved and adopted by Merced County LAFCO in 2004. The Focused Growth Alternative would allow multifamily residential units in the Office/Professional and Employment Campus land use designations. Alternative B would increase the maximum FAR in the Neighborhood Commercial, Regional Commercial, Office/Professional, and Employment Campus from 0.60 to 0.75. By allowing increased intensities of commercial and office development, and allowing multifamily homes on a wider range of commercial parcels, the Focused Growth Alternative would accommodate the same amount of proposed development as G,eneral Plan 2042, but in a smaller footprint. · Finding: Pursuant to Public Resources Code Section 21081 (a)(3) and CEQA Guidelines Section 15091(a)(3), the City finds that the specific economic, legal, social, technological, or other considerations, including failure to meet project objectives, render the Focused Growth Alternative infeasible. While this alternative would avoid or lessen 46 151
significant impacts from the General Plan 2042, including effects related to related to agricultural resources, air quality, biological resources, cultural and tribal cultural resources, GHG emissions, noise, transportation, and wildfire, it would only partially accomplish some of the basic project objectives for the General Plan 2042. In addition, the Focused Growth Alternative would increase impacts from the General Plan 2042 in the environmental topic areas of hydrology and water quality and utilities and service systems (water supply). The City therefore rejects this alternative as unrealistic and infeasible for the reasons listed above and as stated in the EIR. (Draft EIR at Section
5.3.3).
E. Other Findings
Revisions to the Final EIR
Chapter 4 of the Final EIR includes the comments received on the Draft EIR and responses to those comments. The focus of the responses to comments is on the disposition of significant environmental issues as raised in the comments, as specified by CEQA Guidelines Section 15088(a).
Following publication of the Draft EIR, and in response to comments received on the Draft EIR, a new Policy P-P7.3 was added to the General Plan 2042 to further reduce impacts to agricultural resources by establishing and implementing an agricultural mitigation program, with consistent standards based on Merced County's Agricultural Land Mitigation policy, that matches acres converted with farmland acres preserved at a 1 : 1 ratio. This does not represent a substantial change to the project description that would require revision of analysis in the Draft EIR. The impacts to agricultural resources, which were analyzed in the Draft EIR, do not change. The new Policy P-P7.3 is listed in Chapter 3, Revisions to the Draft EIR, of the Final EIR to reflect this change.
Some commenters expressed concern about the annexation requirement in the Annexation Ordinance and Policy LU-3.1 that required that any land requested to be annexed be contiguous with the existing City limits, within the urban growth boundary, and at least 75 percent within the sphere of influence. Since publication of the Draft EIR, the City has changed the requirement to clarify that land requested to be annexed must be 100 percent within the sphere of influence. This does not represent a substantial change to the project description that would require revision of analysis in the Draft EIR.
The impacts from the Annexation Ordinance and Policy LU-3.1, which were analyzed in the Draft EIR, does not change. The changes to the Annexation Ordinance and Policy LU-3.1 are listed in Chapter 3, Revisions to the Draft EIR, of the Final EIR to reflect this change.
Because this changes to new Policy P-P7.3 would further support reducing impacts to agricultural resources and the Annexation Ordinance and Policy LU-3.1 would now require all of the land requested to be annexed be within the sphere of influence when compared to the 75 percent identified described in the Draft EIR, these changes to the project do not constitute "significant new information" requiring recirculation pursuant to CEQA Guidelines Section 15088.5, Recirculation of an EIR Prior to Certification. 47 152
Absence of Significant New Information - No Recirculation Required CEQA Guidelines Section 15088.5 requires that a lead agency recirculate an EIR for additional review and comment when significant new information is added to the EIR after the public comment period but before certification of the EIR. Such information can include changes in the project or environmental setting, but that information is not significant unless the EIR is changed in a manner that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect that the project's proponent declines to implement.
Chapter 5, Revisions to the Draft EIR, of the Final EIR contains text revisions to the Draft EIR that were made in response to comments from agencies and organizations, as well as staff-directed changes. These text revisions include typographical corrections, insignificant modifications, and amplifications and clarifications of the Draft EIR. None of the minor text changes or classifications substantially alters the analysis in the Draft EIR, and they do not trigger the criteria for recirculation.
The City finds that no significant new information was added to the Draft EIR after the public review period. The City specifically finds that: no new significant environmental impact would result from the General Plan 2042 or from the implementation of a mitigation measure; no substantial increase in the severity of an environmental impact previously found to be significant would result; the City has not declined to adopt any feasible project alternative or mitigation measures considerably different from others previously analyzed that would clearly lessen the environmental impacts of the General Plan 2042; and the Draft EIR is not so fundamentally and basically inadequate in nature that it precluded meaningful public review.
Having reviewed the information in the Draft EIR, Final EIR, and administrative record, as well as the requirements under CEQA Guidelines Section 15088.5 and interpretive judicial authority regarding recirculation of Draft EIRs, the City finds that no new significant information was added to the EIR following public review, and recirculation of the EIR is therefore unnecessary and not required by CEQA.
Differences of Opinion Regarding the General Plan 2042's Impacts In making its determination to certify the Final EIR and to approve the General Plan 2042, the City recognizes that the General Plan 2042 involves several controversial issues and that a range of opinions exists with respect to these issues. Through its review of the Final EIR, the comments received on the Draft EIR, the responses to comments, and the whole of the administrative record, the City has acquired a comprehensive understanding of the scope of such issues. This has enabled the City to make fully informed and thoroughly considered decisions after taking into account the various viewpoints on the important environmental issues involved in the General Plan 2042's implementation. Considering the evidence and analysis presented in the Final EIR and the administrative record as a whole, the City finds that the findings herein are based on a full appraisal of all viewpoints expressed throughout the CEQA review 48 153
process, as well as other relevant information contained in the administrative record.
IV. Statement of Overriding Considerations
CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." (CEQA Guidelines Section 15093.) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the Final EIR but are not avoided or substantially lessened, the agency must state in writing the specific reason to support its actions based on the Final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. (CEQA Guidelines Section 15093.)
Having (i) adopted all General Plan policies and actions, and feasible mitigation measures, (ii) recognized all significant, unavoidable impacts, and (iii) balanced the benefits of the General Plan 2042 against its significant and unavoidable impacts, the City finds that the General Plan 2042's benefits outweigh and override its significant unavoidable impacts for the reasons stated below. Each benefit set forth below constitutes an overriding consideration warranting approval of the General Plan 2042, independent of the other benefits, despite each and every unavoidable impact.
The benefits of the project include the following:
• The project will maintain an urban growth boundary to protect surrounding lands from sprawl and reduce the cost of extending infrastructure. • The project will encourage sustained economic growth recognizing the importance of economic generators, job generators and a better balance between jobs and housing.
"' The project will provide for a fiscally sound city with an emphasis on sales tax and transient occupancy tax revenues.
,. The project will guide balanced neighborhood development with a mix of uses and housing types, provision of parks and schools, and easy access to commercial activity centers.
• The project will facilitate efficient transportation and infrastructure planning in the city.
• The project will improve safety, enhance accessibility, and reduce conflicts between pedestrians, bicycles, and vehicles.
• The project will establish allowed density ranges that will accommodate a variety of housing types conducive to all socio-economic sectors of the community and will help the City meet legal requirements to respond to regional housing needs.
• The project will support and enhance Downtown as the civic and cultural heart of the City.
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► The project will encourage economic growth within the City's industrial areas.
The project will provide for the systematic, continual upgrade and improvement of City infrastructure and ensure developments pay for their share of infrastructure, public facilities, and any environmental costs. .. The project will address environmental justice for disadvantaged communities that exist within the planning area of the General Plan.
• The project will ensure that the City's General Plan is legally adequate.
When compared to the alternatives analyzed in the Final EIR (including the No Project Alternative), the General Plan 2042 provides the best available balance between maximizing attainment of the project objectives and minimizing significant environmental impacts.
V. Approvals
The City hereby takes the following actions:
• Certify the Final EIR as described in Section I (Certification), above. • Adopt as conditions of approval of the General Plan 2042 all Mitigation Measures and policies and actions within the responsibility and jurisdiction of the City. • Adopt the Mitigation Monitoring and Reporting Program for the General Plan 2042. • Adopt the CEQA Findings and Statement of Overriding Considerations for the General Plan 2042.
• Approve the General Plan 2042.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF LOS BANOS
ADOPTING AN ANNEXATION ORDINANCE AND RELATED
AMENDMENTS TO TITLE 9, CHAPTER 3, OF THE LOS BANOS
MUNICIPAL CODE
WHEREAS, the Planning Commission conducted a duly noticed public hearing on September 28, 2022, at which time all individuals desiring to comment on the Planning Commission Resolution No. 2022-36 - Recommending to the Los Banos City Council Adoption of an Ordinance to Amend Title 9, Chapter 3, of the Los Banos Municipal Code Relating to Annexations.
WHEREAS, on September 28, 2022, the Planning Commission approved Resolution No. 2022-36 - Recommending to the Los Banos City Council Adoption of an Ordinance to Amend Title 9, Chapter 3, of the Los Banos Municipal Code Relating to Annexations.
WHEREAS, the City Council conducted a duly noticed public hearing on the Adoption of an Ordinance to Amend Title 9, Chapter 3, of the Los Banos Municipal Code Relating to Annexations on October 19, 2022 and _______ _ , 2022 at which time all individuals desiring to comment on the proposed Ordinance were heard.
NOW THEREFORE, the City Council of the City of Los Banos does hereby ordain as follows:
Section 1. The above recitals and findings are true and correct and incorporated herein by this reference.
Section 2. Section 9-3.201 is amended to delete the definition of"Area plan" in its entirety.
Section 3. Section 9-3.201 is amended to add the definition of "Specific plan" to read as follows:
Specific plan" means a plan used to facilitate an annexation into the City that includes zoning the property with specified land uses, describes and maps circulation and transportation systems and provides utility designs needed to serve the area.
Section 4. Section 9-3 .2314( c) is amended to read as follows:
( c) The Planning Commission is the recommending body to the City Council for zone change, ordinance amendment, general plan amendment, specific plan adoption and amendment, and annexation applications and for use permit applications for alcohol sales. The City Council is the final decision-making authority for said applications.
Section 5. Part 7 entitled Annexation, sections 9-3.2335 through 9-3.2337 is added to Title 9, Chapter 3, Article 23, to read as follows:
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Part 7. Annexation
Sec. 9-3.2335 Application eligibility criteria.
(a) Any land requested to be annexed must be contiguous with existing City limits, within the Urban Growth Boundary, and within the Sphere of Influence. (b) Annexation must be consistent with the policies of the City's general plan and all appropriate City development standards and must be processed under an application for a specific plan funded fully by the applicant that includes zoning for the subject area and that may also include a development agreement.
( c) Existing ground water infrastructure must remain with the land and be transferred to the City upon annexation; no new wells or septic systems shall be allowed. Water supplies controlled by special water districts will remain with the special district.
Sec. 9-3.2336 Findings necessary for approval.
(a) Adequate city utilities and public safety services must be able to be provided. (b) The new development must fully fund construction of all improvements needed both on- and off-site to mitigate its impacts on public safety services, utility and transportation infrastructure, and parks, recreation and educational facilities. ( c) Upon annexation, the land must be detached from a special water district according to the policies of that district.
Sec. 9-3.2337 Specific plan contents.
(a) All specific plans shall include:
(1) Location and extent of land uses, including standards for land use intensity, and transportation routes, including precise alignment of streets, bikeways and sidewalks. (2) Design standards for public arterials, collectors and local streets that address street widths and lane configurations, landscaping and street trees, and the location of sidewalks, crosswalks and pedestrian amenities, as well as bike routes and on-street parking. (3) Location and specifications for sewer, water and drainage facilities needed to serve new development consistent with City infrastructure master plans. (4) Location and financing of parks, trails, schools and other public and quasi-public facilities.
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(5) Design standards for all new buildings and public and private improvements, including landscaping, park layout and improvement, neighborhood identification signs and monuments, and walls and fences.
( 6) Phasing plans that require areas closest to existing urban development to be developed first and include and timing of improvements needed to fully mitigate impacts to public services or facilities.
(7) Provisions for minimizing conflicts between new development and agricultural uses.
(8) Fiscal analysis of the effect of the development on the City's general fund and means for funding needed additional public services and facilities. (b) Specific plans for areas with residential uses shall also include:
(1) A range and locational mix of housing types that promotes social and economic integration.
(2) A connected street pattern.
(3) Drainage facilities that utilize green infrastructure or are designed as natural waterways wherever possible and consistent with public safety considerations. ( 4) A system of pedestrian trails or pathways and linear open-space corridors that link residents to parks, schools, downtown, shopping areas, and employment centers. (5) Sites and funding for school facilities needed to meet the demand created by the proposed development.
(c) Specific plans for areas with industrial and business park uses shall also include:
(1) Provisions for services and amenities for employees including recreation, childcare, and dining.
Section 6. To the extent that the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior city ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with the respect to the subject matter thereof and such inconsistent or conflicting provisions of prior ordinances, motions, resolutions, rules or regulations are hereby repealed.
Section 7. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, 3 159
sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.
Section 8. California Environmental Quality Act (CEQA) Guidelines section 15060(c)(2) states that a project is not subject to CEQA review where the activity will not result in a direct or reasonably foreseeable indirect physical change to the environment. CEQA Guidelines Section 15061 (b )(3) states that a project is exempt from CEQA "where it can be seen with certainly that environment." The approval of the code amendments and adoptions set forth in this Ordinance does not approve any physical development project, and it would not result in a direct or indirect physical change in the environment. Therefore, these code amendments would not have the potential to result in individually or cumulatively significant effects on the environment and these code amendments are exempt from review under CEQA.
Section 9. This Ordinance shall go into effect and be in full force and operation thirty (30) days after its final passage and adoption. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in this Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, and aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
Introduced by Council Member _ ___ and seconded by Council Member ______ on the __ day of ____ ~ 2022.
Passed on the __ day of ____ ~ 2022 by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
By:
Mayor Pro Tern
ATTEST:
Lucille L. Mallonee, City Clerk
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DUE TO THEIR LARGE FILE SIZE, PLEASE CLICK ON THE
FOLLOWING LINKS TO VIEW THESE STAFF REPORT
ATTACHMENTS:
Attachment 3: Draft General Plan 2042
Attachment 4: Draft EIR on General Plan 2042
Attachment 5: Final EIR on General Plan 2042
*Please note all documents can be found at www.losbanos2042.org/ 1 161
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MEMORANDUM
Revisions to the Draft General Plan
The following summarizes changes to the Draft General Plan in response to public comments received:
Chapter 3: Land Use
• Policy LU-P3.1. Annexation proposals are required to meet the following basic requirements:
a. LoeatioA. Reeiuire tl:iat aA',' laAEl reEJuesteEl to be aAAe11eEl be coAtiguous witl:i tl:ie eidstiAg Cit',' liA'lits, witl:iiA tl:ie urbaA growtl:i bouAElary, aAEl at least 75 perceAt witl:iiA tl:ie spl:iere of iAflueAce.
b. Consistency. Require that any land requested to be annexed is consistent with the policies of the City's General Plan and all appropriate City development standards. c. Timing of Development Require lands outside, but adjacent to, the current city limits to annex to the City of Los Banos prior to approval of new development. d. Utilities. Require areas annexed to the City to be served by City utilities. Prohibit new wells and septic systems to serve urban development within the city limits. Conversely, do not provide City utility services, water, and sanitary sewer to new development outside of the city limits unless annexation is approved. Prior to annexation, the City must find that adequate water supply and service and wastewater treatment and disposal capacity can be provided. Existing water supplies must remain with the land and be transferred to the City upon annexation approval.
e. Public Safety. Prior to annexation, the City must find that adequate police, fire, and other public safety services can be provided.
f. Mitigation. Require that new development projects include full mitigation of impacts to parks and recreational services, police and fire services, and public infrastructure, both onand off-site.
Chapter 6: Parks, Open Space, and Conservation
• Policy P-P6.2: Require assessments of biological resources by a qualified biologist prior to approval of any development within 300 feet of any creeks, wetlands, sensitive habitat areas, or areas of potential special-status species. Protect sensitive habitat areas and special-status species in the following order: (1) avoidance, (2) on-site mitigation, and (3) off-site mitigation. Ecle..Lto th.f recommendations of the Biological Resources Ass.essmentJ.JlAtta..cbment C to miolmiLe imp~ habitat and special-status sJ).ecles_
• Policy P-P6.5. Require project applicants to avoid nests of native birds in active use, in compliance with state and federal regulations. For new development sites where nesting birds may be present, initiate vegetation clearing and construction outside the bird nesting season {Marcl:i 1 tl:irougl:i August "lFebruary 1 through Se ptember 15) or conduct preconstruction surveys by a qualified PLACEWORKS.COM • 01 arige County • Sac,: ameqto • Bay Area • r i>ntr all" o;ist • cos Angeles • Inland E:mp1re 163
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biologist in advance of any disturbance. If active nests are encountered, establish appropriate buffer zones based on recommendations by the qualified biologist and maintain the buffer zones until any young birds have successfully left the nest.
• Polley P:P7.3. Protect productive agricultural areas from conversion to non-agricultural uses by establishing and implementing an agricultural mitigation program with consistent standards based on Merced County's Agricultural Land Mitigation policy. that matches acres converted with farmland acres preserved at a 1:1 ratio. The Land Evaluation and Site Assessment Model /LESA model) may be used to determine whether the conservation land is of equal or greater value than the land being converted.
• Action P-A7.1. Explore feasible and implementable policies and mitigation measures to address impacts to agricultural land, including:
o Participating in a future Countywide estaalisAed agricultural mitigation program.,jf established . that preserves one acre of farmland for every acre converted. o Establishing or participating in a program to restore or improve land in Merced County to a level that meets the criteria of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, in order to create new farmland in addition to preserving existing farmland.
o Establishing a loca I right-to-farm ordinance.
Chapter 8: Public Facilities and Services
• Page PFS-8: The following paragraph was deleted:
Se¥eFal prnjeets Aa~•e seen FCalized ay tAe SJ REC as a Fes1::1lt of iR'lpleFRenting gF01::1ndwateF s1::1stainaaility foF tAe aasin. One of tAeFR is tAe Los Banos CFeek ReeAaFge and Reeo¥eFy PFojeet, wAiEA f.lFO¥ides 7,000 aeFe feet of wateF s1::1pply to tAe SJ REC d1::1Fing wAat is teFFRed a "eFitieal ·reaF" 1::1ndeF tAe San JoaEJ1::1in Ri¥eF El(EAange ContFaet. TAis pFojeet also pFo¥ideEI wateF EJl::lality aenefits to Los Banos tArn1::1gA a 2017 wateF FeeAaFge of Los Banos CFeek.
One of Los Banos' s1::1ppl·r wells is near tAe ereek and ei1perieneed a Fed1::1etion in Ae11a¥alent EAFOFRil::IR'l as a Fes1::1lt of tAe FeeAaFge of AigAer EJl::lality wateF froFR tAe pFojeet. Don:lestie 1 ,Yell 1::1sers in tAe aFea also elEpeFieneed iR'lpFo~•eR'lents to tAeir wateF EJl::lality. • Policy PFS-P3.6. l',tteR'lpt to Fetain wateF FigAtsWork with the Central Californja Irrigation Distrjct (CCID) in all annexed areas so that agricultural production can continue on annexed land until the time of development. TAese FigAts will tAen ae FRade a•~ailaale to R'leet 1::1raan water deR'lands, WAeFC feasiale, ae mEEAanged for gro1::1ndwater reeAaFge opport1::1nities as part of a eoR'lpreAensi¥e wateF FeEAaFge J3FO§F3R'l.
• Policy PF5-P4.3. Require all new development and redevelopment projects to comply with the City's Low Impact Development Manual and incorporate site design. source control, and stormwater treatment measures as per the requirements of the City's Phase II Small MS4 permit. • Polley PFS-P4.4. Prior to the issuance of grading permits, require project applicants that create and/or replace 5,000 square feet or more of impervious surfaces to submit a Stormwater Management Checklist to the Public Works Department for review and approval. [Date] I Page 2
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• Action PFS-A4.2.Develop a water quality monitoring plan for discharge of stormwater into CCID and GWD canals.
• Action PFS-A4.3. Implement a maintenance program forstormwater outfall meters and provide flow and water quality monitoring data to CCID and GWD on a regular basis. • Action PFS-A4.4. Work with CCID and GWD to develop a regional plan for accommodating future stormwater runoff.
Revisions to the Draft Annexation Ordinance
The following summarizes revisions to the Draft Annexation Ordinance in response to public comments received:
Sec. 9-3.2335 Application eligibility criteria.
(al Any land requested to be annexed must be contiguous with existing City limits, within the Urban Growth Boundary, and at least 7§ perceAt within the Sphere of Influence. (bl Annexation must be consistent with the policies of the City's general plan and all appropriate City development standards and must be processed under an application for a specific plan funded fully by the applicant that includes zoning for the subject area and that may also include a development agreement.
(cl Existing aorAesticground water s..ippliesinfrastructure must remain with the land and be transferred to the City upon annexation; no new wells or septic systems shall be allowed. Water supplies controlled by special water districts will remain with the special district.
Sec. 9-3.2336 Findings necessary for approval.
(al Adequate city utilities and public safety services must be able to be provided. (bl The new development must fully fund construction of all improvements needed both on- and off-site to mitigate its impacts on public safety services, utility and transportation infrastructure, and parks, recreation and educational facilities.
(cl Upon annexation, the land must be detached from a special water district according to the policies of that district.
(Date] I Page 3
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of Merced County
October 13, 2022
Stacy Souza-Elms
Community & Economic Development Director
City of Los Banos
520 J Street
Los Banos, CA 93635
Local Agency Formation Commission
2222 M Street
Merced, CA 95840
Phone (209) 385-767i i Fu (209) 726-i7i0
www.lafcomerced.org
RE: Comments the Final Environmental Impact Report/Response to Comments for the City of Los Banos General Plan 2042
Dear Ms. Souza-Elms:
Thank you for including Merced LAFCo in the of the City's General Plan 2042 preparation and environmental review process. The Final Environmental Impact Report (Final EIR) acknowledges comments received from Merced LAFCo on the Notice of Preparation and on the Draft EIR. The Commission is pleased to acknowledge that several of the important concerns regarding the Draft EIR have been addressed in the response to comments presented in the Final EIR, as summarized below.
However, there remain concerns regarding a proposed "Action" measure restricting the implementation of a viable agricultural mitigation policy, and the justification for the large 14,500-acre proposed Sphere of Influence (SOI) boundary. Although the Final EIR indicates the City has identified most of this boundary as far back as the "2030 General Plan" adopted in 2009, this boundary has not been formally recognized or established by LAFCo and the Commission has not previously adopted any CEQA determinations or mitigation measures related to this sphere expansion in its role as a "Responsible Agency" under CEQA.
Future LAFCo Actions in Relation to the City General Plan and EIR The City understands that LAFCo does not "approve" or "adopt" the City's General Plan; however, the General Plan does affect the following LAFCo Commission efforts and actions:
• Preparing and adopting a Municipal Service Review (MSR) in compliance with Government Code section 56340( e ). Although a 2012 MSR update prepared in parallel with the draft Sphere of Influence update, the 2012 MSR was never adopted by the Commission. Concerns were raised over the size of the proposed SOI boundary and the Commission continued their March 22, 2012 hearing to an unspecified date. (No subsequent request for further consideration was submitted by the City based upon the 2009 General Plan). Consequently, the current MSR for the City is the document adopted in 2004.
• Preparing an updated Sphere of Influence report and adopting a SOI boundary in compliance with the determinations in Government Code section 56325(e).
X:\LAFCO\City County Comments\Los Banos 2042 GP FEIR Llr.10-13-2022 167
Stacy Souza-Elms
Community & Economic Development Director
City of Los Banos
October 13, 2022
• Processing individual annexation applications. Future annexations applications would involve the consideration of General Plan consistency among the factors for review identified in Government Code section 56668. Additionally, the certified EIR prepared for the City's General Plan would serve as the foundation for the Commission's action to expand the SOI and for processing future annexation applications. These individual annexations may also have "project-level" CEQA documents prepared and adopted by the City which tier off the General Plan EIR.
One additional step, while not a LAFCo action, is the requirement in Government Code section 56425(b) that prior to the submittal of an application to amend a city's SOI to LAFCO, the City representatives are required to meet with County representatives " ... to discuss the proposed new boundaries of the sphere and explore methods to reach agreement on development standards and planning and zoning requirements within the sphere ... " The goal is to " ... ensure development within the sphere reflects the concerns of the affected city and is accomplished in a manner that promotes the logical and orderly development of areas within the sphere." If an agreement is reached, " ... the Commission shall give great weight to the agreement to the extent it is consistent with Commission policies ... " In the Commission's previous review of the City's sphere in 2012 and parallel processing of a Municipal Service Review, the City of Los Banos and County of Merced had not reached such an agreement. In previous discussions with the Community and Economic Development Director, Stacy Souza-Elms, it was indicated that the City Council intended to complete their public hearing and adopt the proposed General Plan 2042 and their preferred sphere of influence before initiating these discussions with the County.
Modifications to Programs and Mitigation Identified in the Final EIR As noted in the introduction, the Final EIR includes some proposed modifications to policies and programs which are more in line with LAFCo legislation in the Cortese-Knox-Hertzberg Local Governmental Reorganization Act of 2000 (Government Code section 56000 et. seq.).
The LAFCo comment letter on the Draft EIR had objected to the proposed General Plan Policy PFS-P3.1 and a parallel "Annexation Ordinance" provision in Section 9-3.2335 ("Application eligibility criteria") which would allow processing of annexations where at least 75% of the territory was within the City's SOI boundary. The Final EIR contains modifications to these policies and ordinances that match the requirements for all LAFCos: city annexations must be contiguous with the existing city limits and be located wholly within the SOI boundary. The Final EIR modification also includes an appropriate local policy that the territory must be within the City's proposed Urban Growth Boundary.
Another recommendation in the LAFCo comment letter (and other comment letters) was that the City should identify the commonly recognized mitigation measure for the conversion of prime and productive agricultural land involving obtaining agricultural conservation easements at a 1 :1 ratio of land of similar quality. This is especially important for the prime agricultural soils around Los Banos which are within the Central California Irrigation District (CCID) boundary and have some of the strongest "Exchange Contractor" 2 168
Stacy Souza-Elms
Community & Economic Development Director
City of Los Banos
October 13, 2022
water rights and least expensive water supply of any farmland in the State. It is promising to see that the Final EIR now identifies a new policy in the "Parks, Open Space, and Conservation Element" to read as follows:
Policy P-P7.3. Protect productive agricultural areas from conversion to nonagricultural uses by establishing and implementing an agricultural mitigation program, with consistent standards based on Merced County's Agricultural Land Mitigation policy that matches acres converted with farmland acres preserved at a 1 :1 ratio. The Land Evaluation and Site Assessment Model (LESA model), or equivalent modeling tool shall be used to determine whether the conservation land is of equal or greater value than the land being converted.
However, Action P-A7.1, also identified in response to LAFCo Comment Number GOV2-6 in the Final EIR, appears to water down this policy and tie implementation to a countywide agreement among all cities in the county. The County of Merced has already adopted such a mitigation policy and implemented it through a countywide agricultural mitigation ordinance. The Final EIR modifications to Action P-A7.1 read as follows:
Action P-A 7. 1. Explore feasible and implementable policies and mitigation measures to address impacts to agricultural land, including:
• Participating in a future Countyyt/de established agricultural mitigation programL if established, that preserves one acre of farmland for every acre converted. ■ Establishing or participating in a program to restore or improve land in Merced County to a level that meets the criteria of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, in order to create new farmland in addition to preserving existing farmland.
■ Establishing a local right-to-farm ordinance.
(New text underlined, deleted text strikethrough.)
This action measure is contradictory to the proposed, modified General Plan Policy P-P7.3 which contains no such caveat that all cities to agree to a "Countywide program" as a requirement to establishing a Los Banos agricultural mitigation program.
There is no environmental or economic justification to tie Action P-A7.1 to other cities in the County. This "all or none" approach conveniently discourages any individual city to "break rank" and follow the mitigation program adopted by Merced County (with one exception for the recent "Ferrari Annexation to the City of Atwater"). The growth pressures and residential housing market in Los Banos bear little relationship to the cities on the east side of the County along the Highway 99 corridor. Due to its location on Highway 152, Los Banos has proven to be the prime destination for commuters from the Bay Area over many decades, especially in contrast to the westside Cities of Gustine or Dos Palos. It is also different from the eastern Merced County cities when considering this growth and the conversion of farmland which has the reliable and lower cost CCID water supply. 3 169
Stacy Souza-Elms
Community & Economic Development Director
City of Los Banos
October 13, 2022
It will be challenging for LAFCo, in its role as a responsible agency under CEQA, to rely on the City's statement of overriding considerations for action on the SOI expansion. This is especially true if the City choses to erode (or be internally inconsistent with) Policy P-P7.3 through adoption of Action P-A7.1.
A third important modification in the Final EIR involves Policy PFS-P3.6 which previously implied that upon annexation to the City, property owners must bring their water supply into the City for municipal use. CCID also objected to this policy and indicated that the City has no rights to District water as it is not available for urban land uses in any of the Cities or urban communities within their district. While the legal ability of the City to acquire ground water supplies and infrastructure on privately owned land upon annexation, at least in response to Comment GOV2-5 in the Final EIR, the City has addressed the CCI D's concern in a positive manner through the following modification to Policy PFS-P3.6:
(c) Existing ground water supplies infrastructure must remain with the land and be transferred to the City upon annexation; no new wells or septic systems shall be allowed. Water supplies controlled b y special water districts will remain with the special district. (New text underlined, deleted text strikethrough.) Proiected City Growth and Proposed SOI Expansion Area
The Draft General Plan identifies an Urban Growth Boundary (UGB) which can accommodate approximately 8,900 new residential dwelling units over the 20-year Plan horizon to Year 2042. The UGB is smaller than the proposed SOI by approximately 2,300 acres, with most of the larger SOI boundary area consisting of the City's wastewater treatment plant and expansion area northeast of the City as seen in Attachment 1 ("Planning Boundaries" Figure 1-2 from the Draft General Plan). Therefore, most of the Urban Growth Boundary area that will require LAFCO's expansion of the City SOI is located on the opposite side of the City extending 2 ½ miles west of the current City Limits centered along Highway 152 past Volta Road. Planned development in this area is recognized to accommodate employment generating and retail uses as well as a large amount of low and medium density residential uses which would likely support historic commute patterns west over the Pacheco Pass.
While it is recognized that this western growth area is already identified in the City's current 2030 General Plan (adopted in 2009), the existing General Plan's inclusion of this area was due in part to benefit from access to the proposed interchange at Pacheco Boulevard with the proposed Highway 152 Bypass. LAFCO Commission questions whether Highway 152 Bypass and this proposed interchange is still recognized as a feasible project in the updated 2042 General Plan.
The adopted 2030 General Plan Circulation Element identifies the Bypass in 4-3 "Planned Improvements" as well as the following text under "Planned Improvements to Support Buildout:
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Stacy Souza-Elms
Community & Economic Development Director
City of Los Banos
October 13, 2022
These improvements include construction of the SR-152 Bypass and interchanges with Pacheco Road east and west and SR-165; grade-separated crossing at Volta Road; and road widening along SR-165, Pioneer Road, Volta Road, Badger Flat Road, and lngomar Grade/H Street.
In the Draft General Plan 2042, the Circulation diagrams identifying "Planned Roadways" (Figure 4-2) and "Planed Improvements" (Figure 4-3) no longer identify the Highway 152 Bypass project. Similarly, there are no longer any identified improvements for the Bypass listed in Table 4-2 "Planned Improvements" (Page C-7 of the Draft Plan). Should the Bypass fall outside the planning horizon of the 2042 General Plan update, the City should be prepared to justify to LAFCO the need for including the related growth areas and planned land uses for an area which no longer has critical planned or funded circulation improvements.
Regarding projected growth, it is recognized that the City's Housing Element is not being updated as part of this General Plan 2042. Instead, efforts are underway with the Merced County Association of Governments (MCAG) to identify the Regional Housing Needs Allocation for the Housing Element Update. In the Draft Plan, which is currently out for public review) Los Banos is proposed to receive an allocation of 3,132 units (Table 7 in the September 16, 2022, MCAG Draft Regional Housing Needs Allocation (RHNA) Plan. If this allocation were adopted, and this number of planned units in low to high density development projects were constructed by the Housing Element horizon year of 2032, the City would still have an inventory of land available to accommodate an additional 5,770 dwelling units during the next 8-year Housing Element cycle and beyond.
Given that the Draft General Plan 2042 has many new policies that promote higher residential densities and infill development which are summarized in the Final EIR response to LAFCo comments number GOV2-6 (starting on Page 4-25) the need for this large SOI expansion boundary is not clearly justified - less land area will be needed to accommodate the same projected population growth if residential densities are increased.
The Final EIR response is correct in its response to LAFCO:
The commenter's opinion on the RHNA housing allocation for the City is acknowledged. The comment does not address the adequacy of the Draft E/R, and no further response is required. See Section 4.1, Project Merits. (Page 4-19) However, as identified on Page 1 of this letter, it is the responsibility and authority of LAFCo to prepare and adopt a sphere of influence for each local agency within the County, and the Commission will make its decision based on the ability to make the determinations identified in Government Code section 56325(e). It could be beneficial for representatives from the City and LAFCo Commission to have a study session or workshop on the proposed SOI before initiating the Municipal Service Review update process.
The Commission also expresses support for the identified Urban Growth Boundary (UGB) that follows Pioneer Road on the south of the City. Some of the best agricultural land around the City is located to the south which is currently in active agricultural production. 5 171
Stacy Souza-Elms
Community & Economic Development Director
City of Los Banos
October 13, 2022
Although the current SOI boundary extends south of Pioneer Road, without clear justification to annex this area, the area could instead be considered to become part of the "Area of Interest" which extends south to Copa De Oro Avenue. The presence of other infill areas in the area north of Pioneer Road also provide the ability for the City to grow in this area and use Pioneer Road as a logical boundary.
This concludes LAFCo's comments on the Final EIR on the City of Los Banos General Plan 2042. Please contact me by phone at (209) 385-7671 or by e-mail at bill.nicholson(ci countvofmerced.com if you have any questions about these comments, or to schedule a study session or workshop with the Commission.
Sincerely,
Bill Nicholson,
Executive Officer
cc: Greg Wellman, Interim City Manager
LAFCO Commissioners
LAFCO Counsel
X:\LAFCO\City District lnfo\Los Bano\LB 2042 GP Ltr. on FEIR 10-13-22(Final) 6 172
September 28, 2022
VIA E-MAIL
Stacy Souza Elms
Community & Economic Development Director
City of Los Banos
520 J Street
Los Banos, CA 93635
E-mail: [email protected]
Re: Comments on Final Environmental Impact Report for the City of Los Banos General Plan 2042
Dear Ms. Souza Elms,
These comments are submitted jointly by Central California Irrigation District (CCID), Grassland Water District (GWD), and Merced County Farm Bureau (MCFB) regarding the Final Environmental Impact Report (FEIR) for the City's 2042 General Plan update. Our organizations share the goal of maintaining compatibility between urban growth and the preservation of valuable and important farmland and open space that surrounds the City.
We appreciate certain changes made by the City in the FEIR, including a commitment to adopt an agricultural mitigation policy, acknowledgement that converted farmland will not transfer agricultural water rights, and discussion about the limitations of the City's stormwater discharge capacity under agreements with CCID and GWD. However, many of our comments were not addressed, and substantial issues of concern remain.
We jointly request that the Planning Commission direct staff to revise the FEIR as follows: (1) reach a resolution with CCID regarding groundwater availability and measures to address overdraft; (2) maintain the "inter-canal" area 173
as an agricultural zone between GWD's San Luis and Santa Fe Canals; and (3) require a timeline for the City to adopt its agricultural mitigation policy, with language giving high importance to the reliability of water supplies. Thank you for considering these comments.
Sincerely,
General Manager
Central California Irrigation District
Breanne Vandenberg
Executive Director
Merced County Farm Bureau
Ricardo Ortega
General Manager
Grassland Water District
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LOs Banos
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: October 7, 2022
Regarding: Notice of Public Hearing
Proposal: Los Banos General Plan Update 2042
NOTICE 15 HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos City Council to consider all public testimony and determine whether to adopt: 1) certification of the Final EIR; 2) adoption of mitigation monitoring and statement of overriding considerations; 3) adoption of the General Plan 2042; and 4) adoption of the Annexation Ordinance.
Project Description/Location: The City has prepared a Draft General Plan 2042 (Update) to comply with State law to guide land use and development in the City of Los Banos. Additionally, the City has prepared an Annexation Ordinance to establish the annexation application eligibility criteria and the findings necessary for annexation application approval by the City prior to submittal to the Local Agency Formation Commission of Merced County. The project encompasses the City of Los Banos and all land within the city limits, urban growth boundary, and adjacent land in the City's proposed 2042 Sphere of Influence boundary. The proposed General Plan 2042 is a targeted update to the current General Plan 2030 to bring the general plan up to date with the latest State and federal legislation around urban development, transportation, climate resilience, and safety and address the city's growth, economic development, sustainability, and conservation of open space and land resources. The proposed General Plan 2042 responds to local and regional housing needs, promotes economic growth, fosters local job creation, enhances quality of life, and protects natural and agricultural resources. In addition to citywide planning issues, General Plan 2042 provides goals and policies for enhancing downtown Los Banos as the vibrant center of the city and community.
Environmental Review: A Draft EIR (State Clearinghouse No. 2022010254) was prepared and was previously made available for a 45-day public review and comment period. The Final EIR consists of the Draft EIR; comments and recommendations received on the Draft EIR and a list of commenters; and the City's responses to comments.
The Los Banos Planning Commission held a public hearing on September 28, 2022 for the purpose of considering the above mentioned project. At the completion of the public hearing, the Planning Commission duly considered all evidence presented and recommended approval of the project to the Los Banos City Council. 175
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos City Council on Wednesday, October 19, 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 and Economic Development Director, at City Hall or at (209) 827-7000, Ext. 2433. All City Council agendas and agenda packets are available on the City's website at https://losbanos.org/category/city-council/
All persons are invited to be present at the public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above described item 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 Planning Commission at, or prior to, the public hearing per Government Code Section 65009.
Additional information may be obtained from 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
Stacy Souza Elms
Community and Economic Development Director
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TO:
FROM:
DATE:
LOsBanos
Al the Crossroads ,~f Ccdffo, nia
Agenda Staff Report
Mayor Pro T em Lambert and City Council Members
Stacy Souza Elms, Community and Economic Development Director ~ Gary Brizzee, Police Chief October 19, 2022
TYPE OF REPORT: Public Hearing
SUBJECT: Public Hearing to Consider Adoption of a Resolution Authorizing and Adopting the Permanent Local Housing Allocation Plan and Adoption of Resolution Authorizing the Submittal of an Application to the Permanent Local Housing Allocation Program of the State of California Housing and Community Development.
Recommendation:
1. Adopt a motion to determine the City's five-year-plan to allocate Permanent Local Housing Assistance funds to: 1) the renovation of a hotel or motel for the purpose of serving as transitional housing for those at risk of or experiencing homelessness; or 2) to purchasing land and the planning of a tiny home project that would serve those at risk of or experiencing homelessness.
Staff is seeking direction to move forward with option 1 or 2 to submit an application to the Permanent Local Housing Allocation (PLHA) Program of the State of California Housing and Community Development.
2. Adopt a Resolution authorizing the application and adopting the PLHA Plan for the Permanent Local Allocation Program
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Background:
The California Department of Housing and Community Development (Department) released a Notice of Funding Availability (NOFA) for approximately $304 million in funding for the Permanent Local Housing Allocation (PLHA) Program for Entitlement and Nonentitlement Local governments. The NOFA is funded from funds deposited in the Building Homes and Jobs Trust Fund (Fund) beginning in 2019, and the intent of the program is to provide a permanent, on-going source of funding to Local governments for housingrelated projects and programs that assist in addressing the unmet housing needs of their communities.
For the sake of this application, the City of Los Banos is considered a Non-Entitled Local Government, because it is not a metropolitan city or urban county that received a Community Development Block Grant in 2017.
Eligible activities for the PLHA program include:
(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, or rental housing that is affordable to extremely low-, very low-, low-, or moderate-income households (up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas, see appendix B for a list of Highcost areas), including necessary Operating subsidies. (2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days.
(3) Matching portions of funds placed into Local or Regional Housing Trust Funds.
Matching funds must be utilized as required by PLHA guidelines Section 301 (a). (4) Matching portions offunds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. Matching funds must be utilized as required by PLHA guidelines Section 301(a). (5) Capitalized Reserves for Services connected to the preservation and creation of new Permanent Supportive Housing.
(6) Assisting persons who are experiencing or at risk of homelessness in conformance with 24 Code of Federal Regulations (CFR Section 578.3), including: 1 • Rapid rehousing in conformance with federal rules contained in 24 CFR Section 576.104, except for legal services;
1 This is the activity which the City will be applying for. 2 178
• Rental assistance with a term of at least six (6) months (rental arrears is not eligible);
• Street outreach, and other Supportive/case management services in conformance with federal rules contained in 24 CFR Section 576.101 that allow people to obtain and retain housing;
• Operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
(7) Accessibility modifications in Lower-income (up to 80 percent of AMI) Owner-occupied housing.
(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. (9) Homeownership opportunities including, but not limited to, down payment assistance. (10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more Affordable housing projects, or matching funds invested by a county in an Affordable housing development project in a city within the county, provided that the city has made an equal or greater investment in the project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an Affordable housing project. Matching funds investments by both the county and the city also shall be a grant or low interest deferred loan to the Affordable housing project.
Discussion:
The City of Los Banos has the following PLHA funding available: For fiscal year 2019, $188,184 is available to the City; for 2020 there is $292,326; for 2021 there is $289,258.
This is a total of $769,768 available right now to the City for the purpose of addressing homelessness, housing availability, and housing affordability. The total 5-year funding amount will be over one million (approximately $1,129,105).
The PLHA application requires a five-year plan for the funds. The proposed plan must describe the manner in which the allocated funds will be used for eligible activities, describe the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60% of AMI, and describe how the Plan is consistent with programs set forth in the City's Housing Element. The plan must be authorized and approved by resolution, ensuring the public had adequate opportunity to review and comment on the contents of the Plan.
In support of the Plan preparation, Staff has relied on several sample plans and direct technical support. Staff has enlisted the assistance of Townsend Public Affairs to complete this grant application and ensure that all application materials are correct and in line with the Department of Housing and Community Service's priorities. 3 179
For the five-year period of 2023 through 2027, the City of Los Banos' proposed five-year plan will include one of the two following activities:
1) The purchase and remodel of a hotel located in the City for the use of temporary or long-term housing for those experiencing or at-risk of homelessness; or 2) Purchasing land for the use of a tiny home project to serve those at risk of experiencing homelessness.
The Plan provides flexibility by the Council to select future projects which need funding support. Additionally, 5% of the allocated funding would be used to cover administrative costs associated with plan execution.
The PLHA application is due to HCD no later than November 30, 2022. Modification of an application post-submittal is possible following Department protocols.
Fiscal Impact:
If awarded, the State Grant will provide funding with no match requirement for the direct costs associated with the PLHA Program.
Brent Kuhn, Int rim Finance Director
1. Resolution
2. Public Hearing Notice
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RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE
APPLICATION AND ADOPTING THE PLHA PLAN
FOR THE PERMANENT LOCAL HOUSING
ALLOCATION PROGRAM
WHEREAS, the California Department of Housing and Community Development (Department) is authorized to provide up to $335 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB2)); and WHEREAS, the Department issued a Notice of Funding Availability (NOFA) dated 8/17/2022 under the Permanent Local Housing Allocation (PLHA) Program; and WHEREAS, the City of Los Banos is an eligible Local government who has applied for program funds to administer one or more eligible activities; and WHEREAS, the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby:
1. If applicant received a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.
2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA in the amount of $1,129,105.00 in accordance with all applicable rules and laws.
3. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the 1 181
Standard Agreement and other contracts between the Applicant and the Department.
4. Pursuant to Section 302(c)(4) of the Guidelines, Applicant's PLHA Plan for the 2019-2023 Allocations is attached to this resolution, and Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.
5. Applicant certifies that it was delegated by the City Council of the City of Los Banos to submit an application on its behalf and administer the PLHA grant award for the formula allocation of PLHA funds, pursuant to Guidelines Section 300(c) and 300(d), and the legally binding agreement between the recipient of the PLHA funds and the Applicant is submitted with the PLHA application.
6. Pursuant to Applicant's certification resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.
7. Applicant certifies that , if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A), (8) and (C).
8. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.
9. The City Manager or designee are authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of October 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:
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Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
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LOsBanos
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: October 7, 2022
Re: Notice of Public Hearing
For: Proposed Application and Plan for Permanent Local Housing Allocation (PLHA) Funding
NOTICE IS HEREBY GIVEN that the City of Los Banos will conduct a public hearing to solicit public review and comment on the proposed PLHA application in response to a Notice of Funding Availability (NOFA) dated August 17, 2022. Senate Bill (SB 2), known as the Building Homes and Jobs Act, established the PLHA program and instituted a $75 recording fee on real estate transactions with the principal goal to make funding available to eligible local governments for housing related projects and programs to assist in addressing the unmet needs of the local community, with prioritization of serving households at or below 60% of area median income. The City of Los Banos' direct allocation is $1,129,105 over 5 years. To receive the funds the City must submit a 5-year PLHA Plan describing how the funds will be used. The City is proposing to use all funding from the State's PLHA Program toward assisting persons who are experiencing homelessness or at risk of homelessness.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos City Council on Wednesday, October 19, 2022 at 6:00 p.m., in the Council Chambers at City Hall located at 520 J Street, Los Banos, California in order to discuss the submittal of an application in response to the PLHA NOFA, and to solicit citizen input on possible activities to be included in the application.
If you require special accommodations to participate in the public hearing, please contact the office of the City Clerk at (209)827-7000. Notification at least 48 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing.
If you are unable to attend the public hearing, you may direct written comments to the City of Los Banos Community & Economic Development Department, at 520 J Street, Los Banos, California 93635 or by email at [email protected].
In addition, information is available for review at the above address between the hours of 8:00 a.m. and 5:00 p.m. on Monday-Friday.
The City of Los Banos promotes fair housing and makes all its programs available to low and moderate income families regardless of age, race, color, religion, sex, national origin, sexual preference, marital status or handicap.
THE CITY OF LOS BANOS
Stacy Souza Elms
Community & Economic Development Director
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TO:
FROM:
DATE:
LOsBanos
At 11,e Crossroads J C,,lifornia
Agenda Staff Report
Mayor Pro Tern and Council Members
Brent Kuhn, Interim Finance Director
October 19, 2022
SUBJECT: Development Impact Fee Report for Fiscal Years 2017-2021 (AB1600 Report)
TYPE OF REPORT: Public Hearing
Recommendation:
Staff recommends that the City accept the Development Impact Fee Report (AB1600 Report) for Fiscal Years 2017 through 2021.
Background:
This report contains information regarding the City of Los Banos development impact fees for Fiscal Years 2017 through 2021. This information is presented to comply with the reporting requirements contained in Government Code section 66000 et seq., also known as AB1600. Please note that this annual report is not a budget document, but rather is compiled to meet reporting requirements only. It is not intended to represent a full picture of currently planned projects as it only reports revenues and expenditures for the fiscal years referenced above.
Government Code Section 66006 requires local agencies to submit annual and five-year reports detailing the status of development impact fees. This is the administrative report for development fees for the fiscal year ending June 30, 2017 through 2021. This report includes the development related fees, the interest earned, and the amounts expended in connection with those fees for the City of Los Banos and complies with Section 66006 of the California Government Code.
Discussion:
The fees collected from developers that are in the governmental funds (traffic, storm drain, fire, police, public facilities, community center and park) are collected and reported in separate governmental funds for each type of impact fee. 187
The enterprise funds for Water & Wastewater show the fees collected from developers in a designated account named "restricted cash DIF (Developer Impact Fee)". It is separate from regular cash and can only be used for capital items related to development.
The City does not earmark development impact fees for any specific project as the fees are collected, but rather the fees are applied toward a series of capital improvement projects. Such projects include but are not limited to:
1. Future Police and Fire facilities
2. Water, Wastewater, and Storm Drain improvements
3. Park and Public facilities
4. Community Center construction and improvements
5. Traffic related projects
6. Other capital facilities
The water, wastewater, storm drain, and traffic funds are established under separate master plans to determine the rate charged to the developers. In fiscal year 2019-2020 a development impact fee justification study dated December 31, 2019 was conducted by David Taussig & Associates Inc. which provided a basis for updating the City's development impact fees. Council adopted the revised impact fees on January 15, 2020 and they became effective April 5, 2020. As future development occurs, the updated development impact fees will be due per the justification study dated December 31, 2019.
Fiscal Impact:
This report is informational only and has no fiscal impact. The report includes findings related to the funds held in excess of 5 years and reports revenues, expenditures, and fund balances for fiscal years 2017-2021 for the impact fee funds.
Attachments:
Public Hearing Notice
Development Impact Fee Report and Letter of Transmittal Resolution 4 786
Resolution 5119
Resolution 6163
Ordinance 1178
188
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ACCOUNT INFORMATION
CITY OF LOS BANOS - CITY HALL - FINANCE IP
520 J STREET
LOS BANOS, CA 93635
209-827-7000
[email protected]
CITY OF LOS BANOS - CITY HALL - FINANCE
TRANSACTION REPORT
Date
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Amount:
39.39 SCHEDULE FOR AD NUMBER IPL00924970
October 7, 2022
Merced Sun-Star
PREVIEW FOR AD NUMBER IPL00924970
Public Notice
Notice is hereby given that the City
Council of the City Los Banos will hold
a Public Hearing for the A81600 Development Impact Fee Report for Fiscal Years 2016-2021 as follows:
Date: October 19.1 2022
Time: 6:00 p.in.
Place: Council Chambers
City Hall
520 "J" Street
Los Banps, CA 83635
Questions regarding the above referenced item may be directed to the Rnance Department at City Hall or (209) 827-7000.
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Publication Dates
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\t ti ( l 1 \1('111 , .. 1 HI I
DEVELOPMENT IMPACT FEE
ANNUAL REPORT
FISCAL YEARS 2017-2021
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Table of Contents
City Council and Elected Officials ........................... ..... ............................................................ .. ...... 2 Letter of Transmittal .......................................................................................................................... 3
INTRODUCTION
Legal Requirement for Development Impact Fee Reporting
Description and Purpose of Development Impact Fees
Developer Impact Fee Schedule
FINANCIAL SUMMARY REPORT
.............................................................. ...... 5 ............................... ..... .. .............................. 5 ··················································· ·········" ········ 8 Statement of Revenues, Expenditures and Changes in Fund Balance Fire Facilities Development Impact Fee Fund
························ .. .... .......................... 9 ··········································· .. ······ ... . 9 Police Facilities Impact Fee Fund
Parks & Recreation Facilities Development Impact Fee Fund Water Facilities Development Impact Fee Fund
Sewer Facilities Development Impact Fee Fund .
Storm Drain Facilities Development Impact Fee Fund
Traffic Facilities Development Impact Fee Fund
General Government Facilities Development Impact Fee Fund Administration 3% Fee Fund
·························· .. . ················ ..... .. 10 ················ ··· ................................... 11 ········································ ........ ... 12 ··················· .......... .... .............. ........ 13 ······· ............................................. ... 14 ································· ... .... .. ..... ....... 15 ·····························"························· 16 .. ... .............. ........................ ..... .. . 17 PRIOR FEES .. ................................................................................................. ................... .............. 18
NOTES TO THE DEVELOPMENT IMPACT FEE REPORT
........ ................ ··············· ······················ ..................................................... . ·····• ......................... 19
DEVELOPMENT IMPACT FEE PROJECTS
IDENTIFICATION ... ........................................................ ................................................ .. ...... ... .... 19 1 193
LOsBanos
II
City Council and Elected Officials as of October 19, 2022 Vacant
Kenneth Lambert
Deobrah Lewis
Refugio Llamas
Brett Jones
Kim Tomas
Executive Team
Greg Wellman
Brent Kuhn
Lucy Mallonee
Nirorn Than
Stacy Souza Elms
Ray Reyna
Gary Brizzee
William Vaughn
............................. .......................................... .. ....... .. ....... ..... ........ Mayor ..................... ................................................... ............ ....... Mayor Pro-Tern ... ... ... .. .......... ..... .. ....... ... .. .... ....... ................ ...... ... ...... ........ Council Member .............. .... ............. ... ......... ............ ... ... ..... .......... ......... .. ... Council Member ... .. .......... .. ......... .. .......... ..................................................... Council Member .............................................. ....... ........ ...... ...... ...... ... ... .... .. .. City Treasurer ............................. .............. .......... ..... ... ... ....... ... .... ..... Interim City Manager ................................................................... ............. lnterimFinance Director ........... ............... .. ........ ........ ... ...................... ....... Human Resources Director ....... ............. ........ .......... ....................... ...... ................ Public Works Director ..... ............................ ............... ....... ...... .. .... Community Development Director ..... .. .. ........ ............ .............. .. ... .................. ... ... .. .... .. .......... Acting Fire Chief ... ............ .. .... ... ... ......... ............... ............... ... ......... ............... Chief of Police ............. ................... .. ... .............. .... ...... ... ..... .... ......... ... ... ....... City Attorney 2 194
City of Los Banos
,Ju ( ,,, , ,d "I { air , , '11£1
LETTER OF TRANSMITTAL
October 19, 2022
Dear Mayor and Members of the City Council:
California Government Code requires reporting of the usage of Development Impact Fees. Therefore, in accordance with the provisions of the State of California and Government Code Section 66000 et seq., I hereby submit the Annual AB 1600 Development Impact Fee Report for the City of Los Banos, CA for the fiscal years ended June 30, 2017 through June 30, 2021.
Development Impact Fees are a monetary exaction other than a tax or special assessment, which is charged by a local government agency to an applicant in connection with approval of a development project. The purpose of these fees is to defray all or a portion of the cost of public facilities related to the development project. The legal requirements for implementing a development impact fee program are set forth in Government Code Section 66000 et seq., the majority of which was adopted as Assembly Bill (AB) 1600 and is commonly referred to as AB 1600 requirements.
The Development Impact Fee program has been in effect in the City of Los Banos since 2000 set forth by Ordinance 954.
A comprehensive impact fee nexus study was completed and prepared on June 28, 2006 by Goodwin Consulting Group and complies with California Government Code Section 66000 et seq. This study established the basis for the imposition of the fees on new development impact. The study did the following:
1. Identified the purpose of the fees.
2. Identified the use to which the fees will be put.
3. Showed a reasonable relationship between the use of the fees and the type of development project on which the tees are imposed.
4. Demonstrated a reasonable relationship between the need for the public facilities and the type of development projects on which the rees are lmposea.
5. Demonstrated a reasonable relationship between the amount of the fees and the cost of the public facilities or portion of the public facilities attributable to the development on which the tees are imposed.
The development impact fees were updated in the Development Impact Fee Justification Study Dated December 31, 2019 completed by David Taussig & Associates, Inc. The updated impact tees became effective April 5, 2020.
The fees are collected at the time a building permit is issued unless a developer through a development agreement, is allowed to defer payment until a certificate of occupancy Is granted. The purpose of the fees is to mitigate the impact caused by new development on public facilities. They are then used to finance the acquisition, construction, and improvement of 3 195
public facilities needed as result of the impact of the new development. Separate funds have been created to account fo the impact fees.
State law requires the City to prepare and make available to the public an annual report for each fund established to account for the Development Impact Fees. This report must include the beginning and ending balances as well as any changes.
The report must also include the amount of fees collected, interest earned, and expenditures made during the fiscal year.
The City Council must review the annual AB1600 Report at a regularly scheduled public meeting. This report was filed with the City Clerk's office and available for public review on ue_~. I 9 , 2022.
Respectfully Submitted,
Kim Tomas
City Treasurer/Accounting & Budget Supervisor
Brent Kuhn
Interim Finance Director
4 196
LOsBanos
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INTRODUCTION
LEGAL REQUIREMENTS FOR DEVELOPMENT IMPACT FEE REPORTING A. California Government Code Section 66006 (b)
Government Code Section 66006 (b) defines the specific reporting requirements for local agencies that impose AB 1600 Developer Impact Fee (DIF) on new development. Annually, for each separate fund established for the collection and expenditure of DIFs, the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the information shown below for the most recent fiscal year. • A brief description of the fee;
The amount of the fee;
• The beginning and ending balance of the account or fund; • The amount of the fees collected and the interest earned; • An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees:
• An identification of an approximate date by which the construction of the public improvement will commence, if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement;
• A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan; and • The amount of refunds made due to insufficient funds being collected to complete financing on incomplete public improvements, and the amount of reallocation of funds made due to administrative costs of refunding unexpended revenues exceeding the amount to be refunded.
B. California Government Code Section 66001 (d)
For all funds established for the collection and expenditure of DIFs, Government Code Section 66001 (d) has additional requirements. For the fifth fiscal year following the first deposit into the fund and every five years thereafter, the local aoency shall make all of the followina findina.a with re.apeet to that portion of the fund remainin9 unexpended, whether committed or uncommitted:
• Identify the purpose to which the fee is to be put;
Demonstrate a reasonable relationship between the fee and purpose for which it is charged; • Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements; and Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.
5 197
C. Additional Notes
The State of California Government Code Section 66002 states that local agencies that have developed a fee progra may adopt a Capital Improvement Plan (CIP) indicating the approximate location, size and timing of projects, plus a estimate for the cost of all facilities or improvements to be financed by fees. A formal CIP is recommended, at minimum, as a five-year plan. The City biennially produces a five-year CIP, which helps to maintain and support th City's General Plan. The CIP also includes a 5-year projection of development fee revenue and expenditures. Further, it identifies situations where infrastructure is needed to accommodate the planned development.
The City does not earmark development impact fees for any specific project as the fees are collected, but rather th fees are applied toward a series of capital improvement projects, such as a future police and fire facilities, sewer, water, and storm drain improvements, park and public facilities, community center construction and improvement, traffi related projects, and other capital facilities.
The City's current, adopted 2022-26 Capital Improvement Program can be found on the City's website D. Establishing a Reasonable Relationship Between the Fee and the Purpose for Which It Is Charged The reasonable relationship between the development impact fee (DIF) and the purpose for which it is charged for the years preceding April 5, 2020 is demonstrated in the Development Cost and Fee Study done by Goodwin Consulting dated June 28, 2006. The City enacted an additional fee schedule in order to complete improvements for Water, Wastewater, Public Facilities, and Traffic by approving ordinance No.954 dated February 2, 2000.
On January 15, 2020, the City Council adopted an updated DIF, after consideration of the requisite AB 1600 nexus study dated December 31, 2019. The updated DIFs became effective on April 5, 2020 and are applied to new or expanded commercial development, new residential development, and upon uses which intensify the use of existing commercial or residential structures. A new General Government Facilities fee was established in the justification study which incorporated the City Hall, Corporation Yard, Community Center and Public Facilities Impact fees and was established in Ordinance 1178.
The DIF's nexus study sets forth the relationship between contemplated future development. facilities needed to serve future development and the estimated costs for those improvements based on the current General Plan.
Comprehensive updates to the fees are completed on an as-needed basis to ensure the amount continues to reflect the appropriate fee in relation to updated costs.
E. Funding of Infrastructure
In the FY 2022 adopted budget, 5-year Capital Budget section identifies all funding sources and amounts for individual projects through FY 2026. The CIP is updated biennially to reflect the current infrastructure needs of the City. As a CIP project is identified, the project is evaluated to determine the portion of the project that will service existing residents and businesses versus new development.
Once the determination of use is made, the percentage of use attributable to new development is then funded by the appropriate development fee based on the type of project. The percentage of use associated with existing residents or businesses is funded from other appropriate sources as outlined in the CIP. Estimated construction start dates for projects are adjusted, as needed. to reflect the needs of the community _
DESCRIPTION AND PURPOSE OF DEVELOPMENT IMPACT FEES (QIA The City collects DIFs to offset and address the impacts of new development on facilities and infrastructure. Currently, there are nine (9) DIF categories: Fire Facilities. Police Facilities, Park Facilities, Water Facilities, Sewer Facilities, Storm Drainage Facilities, Traffic Facilities, General Government Facilities and 3% Administration Fee. While each fee category has its own methodology for determining fees, two main principles apply throughout. The City aims to maintain the existino level of service as the City continues to grow and new development should pay its fair share of the City's infrastructure needs. 6 198
DESCRIPTION AND PURPOSE OF DEVELOPMENT IMPACT FEES (DIFI Continued Fire Facilities DIF- To provide for the expansion, design and construction of Fire facilities as set forth in the nexus study.
The purpose of the fire facilities impact fee is to fund the fire facilities needed to serve new development based on planned facilities referenced in the 2019 development impact fee update and nexus study. This fee will provide funding for the construction and improvement of the fire protection facilities within the City, including any required acquisition of land to serve the needs of new development.
Fee study shows equipement as well as facilities.
Police Facilities DIF - To provide for the expansion, design and construction of Police facilities as set forth in the nexu study. The purpose of the police facilities impact fee is to fund the police facilities needed to serve new development. based on planned facilities referenced in the 2019 development impact fee update and nexus study. This fee will provide funding for construction and improvement of the City's law enforcement facilities, including a new police sub-station, a new comprehensive radio system, and acquisition of additional new police vehicles and equipment in order to meet the needs of new development.
Park and Recreation Facilities DIF - To provide for the development of parks to add to the system of park and recreation facilities as specified in the nexus study. The purpose of the Parks and Recreation impact fee is to generate revenue to fund the park and special use facilities necessary to mitigate the impacts of new residential developments on the residents and businesses in the City of Los Banos. Residents of Los Banos use park and special use facilities. The fees advance a legitimate City interest by enabling the City to provide park and recreation facilities to new development based on planned facilities referenced in the 2019 development impact fee update and nexus study. This fee will provide funding for construction and improvement of parks and recreational facilities within the City, including any required acquisition of land to meet the demands generated by the new development.
Water Faciljties PIE - To provide design and construction of key elements of the Citywide Water System including but not limited to the expansion of production, storage, transmission, treatment and distribution facilities. The purpose of the fees is to ensure that new development funds its fair share of the these costs on future water supplied Citywide, based on planned facilities referenced in the 2019 development impact fee update and nexus study. This fee will provide funding for the construction and implementation of improvements to key elements of the citywide water system sufficient to accommodate future water supply (plus a reserve for storage facilities or additional wells) demand generated by new development. sewer Facilitjes OJF - To provide design and construction of key elements of the Citywide Water Water System including but not limited to the expansion of collection and treatment capacities and the expansion of non-potable water facilities. The purpose of the fees is to ensure that new development funds its fair share of the these costs on future waste water treatment Citywide, based on planned facilities referenced in the 2019 development impact fee update and nexus study. storm Water Drajnage Facilities DIF - To provide design and construction of key elements of the Citywide Storm Water System including but not limited to the expansion of production, storage, transmission, treatment and distribution facilities.
The purpose of the fees is to ensure that new development funds its fair share of these costs on future water supplied Citywide, based on planned facilities referenced in the 2019 development impact fee update and nexus study. This fee will provide funding for the construction and implementation of improvements to key elements of the citywide stormwater system sufficient to accommodate future sewer demand generated by new development.
Traffic Facilities DIF - To provide for transportation facilities to accommodate the increase in traffic generated by new development as specified in the nexus study. The purpose of this fee is to ensure that new development funds its fair share of transportation facilities, including roadway segments and intersection improvements. The need for street improvements is based on the trip demand placed on the system by new development, based on planned facilities referenced in the 2019 development impact fee update and nexus study. This fee will provide funding for the construction, management, and implementation of improvements to key elements of the citywide transportation system sufficient to accommodate future traffic demands generated by new development. 7 199
DESCRIPTION AND PURPOSE OF DEVELOPMENT IMPACT FEES /DIA Continued General Governmental Facilities DIF - The purpose of this fee is to ensure new development as reference in the nexus study will provide funding for capital costs relating to facilities used by the City to provide general governmental services, based on planned facilities referenced in the 2019 development impact fee update and nexus study. This fee will provide funding for capital costs relating to facilities used by the City to provide general governmental services. The Community Center Impact Fee was eliminated and the activi'ty was transferred to the General Government Impact Fund. Prio Years Fund Balance will provide funding for construction, improvement and maintenance of a community center within the City, including any required acquisition of land to meet the demands generated by the new development. The Corporate Yard Impact Fee fee was eliminated and the activity was transferred to the General Government Impact Fund. Prior years Fund Balance will provide funding for corporate yard facilities within the City in order to meet the demands generated by new development. The City Hall Impact Fee was eliminated and the activity was transferred to the General Government Impact Fund. Prior years Fund Balance will provide funding for capital costs relating to municipal services performed in the existing City Hall in order to meet the demands generated by the new development. The Public Facilities Impact Fee was eliminated and the activity was transferred to the General Government Impact Fund. Prior years Fund Balance w/11 provide funding for the expansion of public facilities that house City staff generated by new development. 3% Administration - This fee will provide funding for municipal services relating to the administration of the impact fee programs and the administrative demands generated by new development, based on planned facilities referenced in the 2019 development impact fee update and nexus study.
SCHEDULE OF DEVELOPMENT IMPACT FEES
. .
DEVELOPMENTFEEPR()GRAM
S.CHEDULE OF fEES
NEXUS STUDY 2006
O\'!volopment Impact Fe-. p•r Uml (Resldentill'l}/Pet Sq1J.we ftMt {Non.R0s1dentlal) ----
R•,ldent,al Non-Rea1d1>nt1Al
V•ty•Low ¥1ldlum High
Fee Ca1ia11ory Oenl'lily D•ntHy 0-.n'>tty Commcn:u1l Ofl1c• lndu1trllll 1 Pohc1:1 $ i
F1,e $
Park Improvement S
Community Center S
City Hall $
;Corporatron Yard S
i3% M ministration $
2.559 S
912 $
6.934 S
31!9 S98& $
346 $
364 S
2. tOS
130
s
$
5702
32a
311
285
299 S
$
$
$
s
t!.~S
438
4,106
236
584
205
s
$
s
s
s
s
2n s
$
s
s
s
s
0.07 0.15
c.os $
(HiJ. s
0.57 s
0.36 s . s
1).08 s
022 s
0.0!? S
0.04 S
0.27 0.36
0.05 0.10
0.05 0.02
iotat Fus S 12.500 $ 10.260 S 7,2'97 $ 1 OS $ 1.36 S 0.85 Fees Based on updated Development Impact Fee nexus study dated December 31, 2019. The updated schedule became effective on April 5, 2020.
8 200
FINANCIAL SUMMARY REPORT
Development Impact Fees
Statement of Revenues, Expenditures and Changes in Fund Balance For the Year Ended June 30, 2021
REVENUE$
Pe,,e.t
~~ F ac:;!,tes
Pati.&Rec
Fae,~ . _l'iater Fa~ ., i,~ Se1.~r fa..s,)t-e~
Slarm
Orflia!je Traffic General Gov,
f£!lies _ fac:lme~ .focfrti£s -· Admlnls!hllion
s 45uzJ $ 1224.3!!6 s 1245.2&1 s v23_;(18 s 2 ssn19 s 1on1s s t577.169 s aos.295 s 1a6.~39 Interest
Othnr
1.«'.l 21es s 199 43 ~ :i2.sn (r4J &.no 2,221, 319
2 574 93758 169.210
Total RIIVilflUts • 456~ ___ 1.2~.752 ·- !J<IS!\25 ___ 'n2614_,. __ 2.6111196 ___ IM70t • •. US2.0\l0 _SIO,S21 ..... 186.B!>l,I l.;XPENDliURes
E~pend,tu,es
TQt;tl ExpendilUIII&
REWNUES OVER (IJNOER)
EXPENDITURES
Fund BDlanc11, Beginning Qf Year
Fund Balance, End of Year
(l!i3 313)
Fire Facilities Impact Fee Fund
2.(91.796
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Descrietion FY 2016117 FY 2017118 FY 2018119
REVENUES
Fees $ 227,403 $ 283,032 $ 205,044
Interest 3,842 8,112 29,390
Other
Total Revenues 231 .245 291 144 234.434
EXPENDITURES
Expenditures 9,719 9,448 10,000
Total Expenditures 9,719 9,448 10000
REVENUES OVER (UNDER) EXPENDITURES 221 ,526 281,696 224,434 Fund Balance, Beginning of Vear 702,280 923,806 1,205,502 Fund Balance, End of Year ~ 923,606 $ 1,205,502 s 1,429,936 Five Yem Revenue Test Using Firsl In Firs I Out Methocl Revenue Available:
Current Fiscal Year
Current Fiscal Year (old fees) 231,245 291,144 234,434
Prior Fiscal Year (2-yr old funds)(old fees) 231,245 291,144 Prior Fiscal Year (3-yr old funds)(old fees) 231 ,245
Prior Fiscal Year (4-yr old funds)(old fees)
Prior Fiscal Year (5-yr old funds)(old fees)
In Excess of 5 Prior Fiscal Years(old fees} 692,561 683,113 673.113 Total Revenues Available $ 923,806 $ 1,205,502 $ 1.429,936 The five year findings test met as required by Gov Code 66001 (d) 9 104.71H 1.556.67()
FY 2019120 FY2020I21
$ 221,686 $ 454,623
26,654 1,443
248,340 456,066
649.439
649,439
248,340 (193,373)
1,429,936 1,678,276
$ 1,678,276 $ 1,484,903
114,017
248,340 342,050
234,434 248,340
291 ,144 234,434
231,245 291.144
231 ,245
673,113 23 674
~ 1,678 ,276 s 1.484 903
201
FINANCIAL SUMMARY REPORT, Continued
Notes:
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The Fire Facilities Impact Fee Fund reports money being held past the fifth year of first deposit. The City intends to use these funds to assist in the construction of Fire House # 3 including a regional training facility and EO as identified in the 2019 Nexus report. The City has secured $SM in direct financing from the State of California and is in the process of securing additional financing from the State in order to construct the $9.5 M facility. The City has identified the piece of City owned land where the project will be built however the project is currently in the early stages of development and the funds are not expected to be deposited into this fund until the remaining $3.5 Mis secured from the State.
Police Facilities Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Descrietion FY 2016/17 FY 2017/18 FY 2018/19
REVENUES
Fees $ 580,625 $ 746,036 $ 574,085
Interest 8,651 18,971 69,636
Other 2.574
Total Revenues 589,276 767,581 643,721
EXPENDITURES
Expenditures 29,018 4,028 174,243
Total Expenditures 29,018 4.028 174,243
REVENUES OVER {UNDER) EXPENDITURES 560,258 763,553 469,478 Fund Balance, Beginning of Year 1,561 ,262 2,121,520 2,885,073 Fund Balance, End of Year I 2.121 1520 $ 2,885,073 ~ 31354,551 Five Year Revenue Test Using First In First Out Method
Revenue Available:
Current Fiscal Year
Current Fiscal Year (old fees) 589,276 767,581
Prior Fiscal Year (2-yr old funds)(old fees) 589,276
Prior Fiscal Year (3-yr old funds)(old fees)
Prior Fiscal Year (4-Yr old funds)lold foes}
Prior Fiscal Year (5-yr old funds)(old fees)
In Excess of 5 Prior Fiscal Years(ofd fees) 1,532,244 1,528.216 Total Revenues Available $ 2,121,520 S 2,885.073
The five year findings test met as required by Gov Code 66001(d) Notes:
643,721
767,581
589,276
1,353,973
$ 3,354,551
FY 2019/20 FY 2020/21
$ 617,943 $ 1,224,396
56,516 2,783
2,574
674459 1,229,753
1,464,086 772,998
1,464,086 772,998
(789,627) 456,755
3,354,551 2,564,924
$ 2,564,924 ~ 3,021 .679
307,438
674,459 922,315
643,721 674,459
767,581 643,721
479116~ 4731740
i 2.564,924 $ 3,021 ,679
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The Police Facilities Impact Fee Fund does not report money being held past the fifth year of first deposit.
10 202
FINANCIAL SUMMARY REPORT, Continued
Parks & Recreation Facilities Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Descrietion FY 2016/17 FY 2017/18 FY 2018/19
REVENUES
Fees $ 703,431 $ 1,382,593 $ 1,159,156
Interest 3,692 13,478 71,179
Other 67,562 106,967 89,355
Total Revenues 774,685 1,503,038 1,319,690
EXPENDITURES
Expenditures 7,735 298,632 23,141
Total Expenditures 7,735 298 632 23,141
REVENUES OVER (UNDER) EXPENDITURES 766,950 1,204,406 1,296,549 Fund Balance, Beginning of Year 446 854 1,213,804 2,418,210 Fund Balance, End of Year $ 1,213,804 ! 2,418,210 $ 3,714,759 Five Year Revenue Test Us111g First In First Out Method Revenue Available:
Current Fiscal Year
Current Fiscal Year (old fees) 774,685 1,503,038 1,319,690 Prior Fiscal Year (2-yr old funds)(old fees) 774,685 1,503,038 Prior Fiscal Year (3-yr old funds)(old fees) 774,685
Prior Fiscal Year (4-yr old funds)(old fees)
Prior Fiscal Year (5-yr old funds)(old fees)
In Excess of 5 Prior Fiscal Years(old fees) 439,119 140,487 117,346 Total Revenues Available $ 1,213,804 S 2,418,210 $ 3,714,759 The five year findings test met as required by Gov Code 66001(d) Notes:
FY2019/20 FY 2020/21
$ 1,102,361 $ 1,245,267
112,543 6,799
85,470 93,758
1,300,374 1,345,824
186,664 416 958
186 664 416 958
1,113,710 928,866
2,645,449 3,759,159
$ 3,759,159 ;i 41688.025
336,456
1,300,374 1,009,368
1,319,690 1,300,374
1,139,095 1,319,690
722,137
i 3,759.159 i 4,688,025
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The Parks & Recreation Facilities Impact Fee Fund does not report money being held past the fifth year of first deposit.
11 203
FINANCIAL SUMMARY REPORT. Continued
Water Facilities Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Descrielion FY 2016/17 FY 2017/18 FY 2018/19
REVENUES
Fees $ 1,000,327 $ 954,714 $ 726,902
Interest 26,205 41,331 131,702
Other
Total Revenues 1,026,532 996,045 858,604
EXPENDITURES
Expenditures
Total Expenditures
REVENUES OVER (UNDER) EXPENDITURES 1,026,532 996,045 858,604 Fund Balance, Beginning of Vear 5,208,317 6,234,849 7,230,894 Fund Balance, End of Vear $ 6,234,849 t 1,23o,as4 $ 8,089,498 F,ve Year Revenue Test Using First In First Out Mett1od Revenue Available:
Current Fiscal Year
Current Fiscal Year (old fees} 1,026,532 996,045
Prior Fiscal Year (2-yr old funds}(old fees) 1,026,532
Prior Fiscal Year (3-yr old funds)(old fees)
Prior Fiscal Year (4-yr old funds)(old fees)
Prior Fiscal Year (5-yr old funds){old fees)
In Excess of 5 Prior Fiscal Years(old fees) 5,208,317 5,208,317 Total Revenues Available $ 6,234,849 $ 7,230,894
The five year findings test met as required by Gov Code 66001(d) Notes:
858,604
996,045
1,026,532
5,208,317
$ 8,089,498
FY 2019/20 FY 2020/21
$ 1,314,128 $ 1,729,108
134,033 43,506
1,448,161 1,772,614
1,448,161 1,772,614
8,089,498 9,537,659
$ 9,537,659 S 11,310,273
443,154
1,448,161 1,329,461
858,604 1,448,161
996,045 858,604
1,026,532 996,045
1,026,532
5,208,317 5,208,317
s s,s:.n,ssg $ 11,310.273
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The Water Facilities Impact Fee Fund reports money being held past the fifth year of first deposit. The City intends to address capacity and treatment as identified in the 2019 Nexus Report. Some examples of these projects are Well 16 - new groundwater well and Storage tank- $4.4M - Design 2022-2023, construction 2024. Chromium 6 -well head treatment- reduction coagulation treatment- pilot study 2023, design criteria 2023, construction (TBD pending funding and state regulation) $40M - $90M. The City intends to utilize all the Impact Fees for this purpose and is in tha l>YO~&>SS of nwi<>wing us-,,r rafs-, and exploring debt financing in order to fund the $315M of potential costs associated with future capacity and treatment. The City is working with the State of California and the State Water Resource Control Board to identify the timing of the funding. Once funding is secured the money will be deposited in the Water Enterprise Fund. (This fund accounts for the Impact Fee as restricted cash). 12 204
FINANCIAL SUMMARY REPORT, Continued
Sewer Facilities Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Yea,s
Descrietion FY2016/17 FY2017/18 FY 2018/19
REVENUES
l=ees $ 1,342,150 $ 1,626,406 $ 1,249,310
Interest 24,158 39,898 105,015
Other
Total Revenues 1,366,308 1,666,304 1,354.325
EXPENDITURES
Expenditures 64,969 1,718,341 1618192
Total Expenditures 64,969 1,718,341 1,618.192
REVENUES OVER {UNDER) EXPENDITURES 1,301 ,339 (52,037) (263,867) Fund Balance, Beginning of Year 4,777,452 6,078,791 6,026,754 Fund Balance, End of Year ~ 6,078,791 ~ 6,026,754 1 5i762,887 Five Year Revenue Test Using F,rst In First Out Method
Revenue Available:
Current Fiscal Year
Current Fiscal Year (old fees) 1,366,308 1,666,304 1,354,325 Prior Fiscal Year (2-yr old funds)(old fees) 1,366,308 1,666,304 Prior Fiscal Year (3-yr old funds)(old fees) 1,366,308
Prior Fiscal Year (4-yr old funds)(old fees)
Prior Fiscal Year (5-yr old funds)(old fees)
In Excess of 5 Prior Fiscal Years(old fees) 4,712,483 2,994,142 1,375,950 Total Revenues Available s 6,078,791 $ 6,026,754 $ 5,762,887 The five-year findings test met as required by Gov Code 66001(d) Notes;
FY 2019/20 FY 2020/21
$ 1,495,556 $ 2,659,219
96,669 32,577
1,594,425 2,691 ,796
1,594,425 2,691,796
5,762,887 7,357,312
~ 7,357,312 $ 10,049,108
672,949
1,594,425 2,018,847
1,354,325 1,594,425
1,666,304 1,354,325
1,366,308 1,666,304
1,366,308
1,375,950 1,375,950
$ 7,357,312 i 10,049,108
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The Sewer Facilities Impact Fee Fund reports money being held past the fifth year of first deposit. The City intends to address capacity and treatment as identified in the 2019 Nexus Report. Some examples of these projects are the Central City Detention Basin - $2.4M - design 2023, land acquisition 2024, construction 2024-2025. Groundwater sustainability strategic plan and masterplan update - $150K- 2023. Wastewater Treatment plant rehabilitation (pipe casing and replacement) - $4M - design 2024, construction 2025-2026. Sewer lift station backup generator replacement (Tier 4 per new air board r<>eul,oUon} . S:6001<, da~isn 2024, conat~ction 2025- 2026, Th~ City in\.,n,;;t., to utiliz:o all tho lmpaot Fee::; for tnl::i purpose tJnQ IS In me process of reviewing user rates and exploring debt financing in order to fund the $75M of potential costs associated with future capacity, treatment, and stormwater flow. The City is working with the State of California and the State Water Resource Control Board to identify the timing of the funding. Once funding is secured the money will be deposited in the Wastewater Enterprise Fund. (This fund accounts for the Impact Fee as restricted cash).
13 205
FINANCIAL SUMMARY REPORT. Continued
Stormwater Facilities Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
OescriQtion FY 2016/17 FY 2017/18 FY 2018/19
REVENUES
Fees $ 17,468 s 6,869 $ 5,229
Interest 143 312 1,066
Other
Total Revenues 17,611 7,181 6,295
EXPENDITURES
Expenditures
Total Expenditures
REVENUES OVER (UNDER) EXPENDITURES 17,611 7,181 6,295
Fund Balance, Beginning of Year 20,544 38.155 45,336
Fund Balance, End of Year s 38.155 s 45,336 $ 51 631
Five Year Revenue Test Using rlrs1 In Fir,c,t Out Method Revenue Available:
Current Fiscal Year
Current Fiscal Year (old fees) 17,611 7,181 6,295
Prior Fiscal Year (2-yr old funds)(old fees) 17,611 7,181 Prior Fiscal Year (3-yr old funds)(old fees) 17,611
Prior Fiscal Year (4-yr old funds)(old fees)
Prior Fiscal Year (5-yr old funds)(otd fees)
In Excess of 5 Prior Fiscel Years(old fees) 20,544 20,544 20,544 Total Revenues Available $ 38,155 § 45,336 i 51 ,631
The five-year findings test met as required by Gov Code 66001 (d) Notes:
FY 2019/20 FYZOZ0/21
$ 6,988 $ 104,776
952 (72)
7,940 104,704
7,940 104,704
51,631 59,571
s 59 571 $ 164,275
26,176
7,940 78,528
6,295 7,940
7,181 6,295
17,611 7,181
17,611
20,544 20,544
~ 59,571 ~ 164,275
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The Stormwater Facilities Impact Fee Fund reports money being held past the fifth year of first deposit. The City intends to address capacity, treatment and stormwater flow as identified in the 2019 Nexus Report. Some examples of these projects are the Central City Detention Basin - $2.4M - design 2023, land acquisition 2024, construction 2024-2025. oroundwatcr ;:ouotalnaolllty atrateg1c plan ana masterptan upaate - $1~0K- 2023. The City intends to utilize all the Impact Fees for this purpose and is in the process of reviewing user rates and exploring debt financing in order to fund the $75M of potential costs associated with future capacity, treatment, and stormwater flow. The City is working with the State of California and the State Water Resource Control Board to identify the timing of the funding. Once funding is secured the money will be deposited in the Storm Drain Impact Fee Fund.
14 206
FINANCIAL SUMMARY REPORT, Continued
Traffic Facilities Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Description
REVENUES
Fees
Interest
Other
Totat Revenues.
EXPENDITURES
€xpendrl1.1res
Totnl Expenditure&
REVENUES OVER (UNOeR) EXPENDITURES
Fund· Bolanco. B09lnnln9 of Voar
Fu11d Balance, Enll of Vear
Revenue Ava,11101<,
eu,rent f'15-Cal Year
Current Fiscal Year (old fees)
Prior F,scat Year (2-yr old fun<Js)io!:l !fl~s)
PrioJ' Fisc:,t Year (3-yr old futld&\(old fees;
Prior Fiscal Your (4,yr old funds)(ol'1 tees)
Pnor Fiscal Year (5-yr old funds)(o!!J lees}
In Excess of 5 Prior Fiscal Years(o!a feesj
Total Reve-nues. Available
FY2.016/17 FY 2017118 FY 2018i19 FY 2019/20 FY 202Qf21
s ll!l9. t79 S 1.019,!;41 s 746,295 $ 9t9,905 S 1,577,169
17.276 35.757 125.496 111 ,391 5.710
1l/16.455 -~·- ,, __ 2.fil!,190__ _ _ _ .J~l19. .. _____ 8"'-'7"'-1."" .79:.1c.. _ 1,28~485 ___ , _____ l.752.0f<O_
1.016.455 1,041.456 854.325 996.3:iG 1.556,669
___ _ .....dJ~:... .; _1ss21G _ . _____ s.22s.e12 _ 6.080.997 __________ 7.on.333 .. , -~="·,-·- .,i,:l.!1.?2J,.~= =L1,L2&~l?.... ~ =~"-="c=~'~ .£'J~ t..PV.Id~ ,.§..=~,:~ 8 ~31,2~ 437,947 1.016.455 ~.05!; ,98 87U91 1.289.486 1.314.067 t.016.4$5 1,055,298 671,791 1.289.486 1,016,455 1,0S5.29B 871.791
1.0,G.455 1.055.2S6
1,016,455
ll68.761 -~,154.919 l 137 453 2.84<!,303 2.648.958
_s 4 ,185,216 ~ 5,226.liT.l s <>-9~0.997 .. s 7077.333 s 86.'14.002 The five year findings test met as required by Gov Code 66001 (d) Notes:
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The Traffic Facilities Impact Fee Fund reports money being held past the fifth year of first deposit. The City intends to perform the following improvements: Hwy 165 and Willmott Road Signal Improvement- $1.5M - design 2024, construction 2025-2026, HWY 152 and I Street signal improvements - $800K - Design (Caltrans started but is placed onhold pending funding), Construction (TBD pending matching fund from the City), Hwy 165 and Vineyard Drive Signal Improvements - $1 .BM - Design 2024 (30% developer)- Construction (2024 - 2025 30% developer),Pioneer Road project - $40-$60 - environmental present to 2024, design 2024-2025, construction 2025-2027 (pending phasing plan). The potential funding for these projects is identified at Table 3- Unmet Need Potential Funding Programs. These funds along with Impact Fees will be transferred to an appropriate Capital Projects Fund as required by the individual project. 15 207
FINANCIAL SUMMARY REPORT, Continued
General Government Facilities Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Oescrip.tlon FY 2016 /17 FY201Tt l8 FY 2018119 FY2019120 FY 2020/21
REVENUES
Fees
Interest
Other
S 5'.!8.459 $ 50 0 ,0 97 S 389.671 $ 4,9,275 $ 808,295
Total Revenues
EXPENDITURES
ExpcndJtures
Total expenditure,.
REVENUES· oveR (l,INDER) EXPENPrfURes
Fu~d Batane.e. Beginning of Year
Fund Bitlanco, End .. , YOQt
Reven uG: A-vmtab1e:
Current Fi&cal Year
Cu,rent Fi3 ~) Veer (oJtJ fees)
Prior Fiscal Year (2-yr old funds ){old le e s) Prior Fiscal Year (3-yr old tundsl(ol.d r,...s) Prior Fiscal Year (4-yr aid funds)(ol(f f«is)
Prlat Fiscal Year (5-yr old tum:ls)(o [d! - s)
In Ex.cess of 5 Prior FiS'C31 Yeal'S(old feP.$)
Total Revenues Available
6.C.<07 12.755 43,749 40.802 2,226
542.466 - · 512 S.52_. _ 433,4;?0 _ - - - · 464,077 -· 810.52.1 - 542.466 512,852
542.466
433.420
512 852.
542.4W
655A96
2 '144 ,234
4(;0,077
433.420
512.852
542.466
2 02.03-(l
607.891
460.077
433.4W
512,852
542.466
645,718 509,105
~ .. .3.Ji9':J?~ ....§...J.d§..8,441
The five year findings test met as required by Gov Code 66001 (d) Notes:
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The General Governmental Facilities Impact Fee Fund reports money being held past the fifth year of first deposit. The City intends to (A) Identify the purpose to which the fee is to be put. (B) Demonstrate a reasonable relationship between the fee and the purpose for which it is charged. (C) Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements identified in paragraph (2) of subdivision (a). (D) Designate the approximate dates on which the funding referred to in subparagraph (C) is expected to be deposited into the appropriate account or fund. 16 208
FINANCIAL SUMMARY REPORT, Continued
3% Administration Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
The five year findings test met as required by Gov Code 66001(d) Descrietion FY 2016/17 FY 2017/18 FY 2018/19
REVENUES
Fees $ 110,688 $ 103,719 $ 81,450
Interest 930 2,110 8,014
Other
Total Revenues 111,618 105,829 89,464
EXPENDITURES
Expenditures 42,660 2,625
Total Expenditures 42660 2,625
REVENUES OVER (UNDER) EXPENDITURES 111,618 63,169 86,839 Fund Balance, Beginning of Year 136.186 247,804 310,973 Fund Balance, End of Year i 247,804 i 310,973 ~ 397.812 Five Year Revenue TP.st Using F1rsl In First Out Method Revenue Available:
Current Fiscal Year
Current Fiscal Year (old fees) 111,618 105,829 89,464
Prior Fiscal Year (2-yr old funds)(old fees) 111,618 105,829 Prior Fiscal Year (3-yr old funds)(old fees) 111,618
Prior Fiscal Year (4-yr old funds)(old fees}
Prior Fiscal Year (5-yr old funds)(old fees)
In Excess of 5 Prior Fiscal Years(old fees) 136,186 93526 90,901 Total Revenues Available s 247.804 ~ 310,973 $ 397,812
Notes:
FY 2019/20 FY 2020/21
$ 87,650 $ 186,539
7,375 319
95025 186,858
31,020
31 020
64,005 186,858
397,812 461,816
i 461 ,817 ii 648.674
46,715
95,025 140,144
89,464 95,025
105,829 89,464
111,618 105,829
111,618
59,881 591880
I 461 ,817 s 648.674
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. 3% Administration Facilities Impact Fee Fund reports money being held past the fifth year of first deposit. The City intends to (A) Identify the purpose to which the fee is to be put. (BJ Demonstrate a reasonable relationship between the fee and the purpose for which it is charged. (C) Identify all sources and amounts offunding anticipated to complete financing in incomplete improvements identified in paragraph (2) of subdivision (a). (D) Designate the approximate dates on which the funding referred to in subparagraph (C) is expected to be deposited into the appropriate account or fund.
PRIOR DEVELOPMENT IMPACT FEE SCHEDULE (OLD FEES)
The following Impact Fees Schedule was approved by Council in order to complete improvements for Police, Fire, Community Center, City Hall, Corporation Yard, and Administration. These fees were set forth in the Development Cost and Fee Study done by Goodwin Consulting dated June 28, 2006 17 209
Table 1 - Prior Impact Fees from Previous Nexus Study
DEVELOPMENT FEE PROGRAM
SCHEDULE OF FEES
NEXUS STUDY 2006
Development Impact Fees per Unit (Residential)/Per Square Feet (Non-Residential) Fee Category
!Police
jFire
I I Park Improvement
: Community Center
!
!City Hall
Corporation Yard
i 3% Administration
Very-low
Density
$ 2,244
$ 800
$ 6,080
$ 350
$ 864
$ 304
$ 319
Residential
$
$
$
$
$
$
$
Medium
Density
1,845
640
5,000
288
711
250
262
$
$
$
$
$
$
$
High
Density
1,329
384
3,600
207
512
180
186
Non-Residential
Commercial Office
$ 0 .33 $ 0.50 $
$ 0.32 $ 0.32 $
$ - $ . $
$ 0.06 $ 0.08 $
$ 0.13 $ 0.19 $
$ 0.05 $ 0.07 $
$ 0.03 $ 0.03 $
Industrial
0.24 0.32
0.04 0.09
0.04 0.02
Total Fees $ 10,961 $ 8,995 $ 6,397 $ 0.92 $ 1.19 $ 0.75 The following Impact Fees Schedules were enacted in order to complete improvements for Water, Wastewater, Public Facilities, and Traffic. These fees were set forth in the by ordinance No.954 dated February 2, 201 o.
Table 2 - Prior Enterprise Impact Fees per Ordinance
Fee Category
.
13/411 - 1° I 1 1,2 ..
i2"
i3"
14"
/single Family
l Multi-Family
j Commercial
: Industrial
Water
Impact Fee
$ 3,127
$ 9,225
$ 19,857
$ 58,540
$ 126,086
Waste Water
Impact fee
$ 5,419 $
$
$
$
DEVELOPMENT FEE PROGRAM
SCHEDULE OF FEES
ORDINANCE 954/FEBRUARY 2010
Public
Facilities
22.49 22.49
22.49 22.49
Fee Catei:iory
Single Family
Fast Food
Super Market
Office Building
Light Industrial
Heavy Industrial
Building
Siie
1,800
3,500
50,000
60,000
100,000
200,000
Traffic
Impact Fee/
Square
Unit EDU/Unit Feet
Dwelling 1.00 $ 1.88
1,000 5.05 $ 17.07
1,000 1.85 $ 6.25
1,000 1.78 $ 6.02
1,000 0.91 $ 3.08
1,000 0.18 $ 0.61
Impact Fee
$ 3,380.85
$ 59,747.59
$ 312,683.10
$ 361,021.56
$ 307,612.53
$ 121,692.40
Total Fees $ 216,835 $ 5,419 $ 45 S 34.91 $1,166,138.03 210
NOTES TO THE DEVELOPMENT IMPACT FEE REPORT
The Notes address two items required by California Government Code Section 66006 (b).
Note 1 - Refund of Developer Fee. At this time, all fees being collected pursuant to the Developer Fee program have been earmarked for current or future capital projects necessary to maintain the current levels of services within existing service areas to serve new development.
DEVELOPMENT IMPACT FEE PROJECTS IDENTIFICATION
The Development Impact Fees and Development Agreement Fee projects identification table illustrates the followin reporting requirements defined by California Government Code Section 66006 (b):
• An identification of each public improvement on which fees were expended and the amount of expenditures o each improvement, including the total percentage of the cost of the public improvement that was funded with fees.
These were identified when applicable in the Note Section of each 5 year Financial Summary Report • An identification of an approximate date by which the construction of the public improvement will commence if th local agency determines that sufficient funds have been collected to complete financing on an incomplete publi improvement. These were identified when applicable in the Note Section of each 5 year Financial Summa Report.
Table 3 - Unmet Need Potential Funding Programs
!rJoi;ain! : C11mpetitlv~111m · Fund llequest Key110 5ucce1,sfully SPcu,e EllgiblP ConiponPnts SHOPP High $3,750,000 lmp,oved oper;;tioas ard salctv on SR-lSliEas~ ot Creek, SRtbe Staie H1r,hway SvsteM l6S/P1orecr Road. and S~- 152/Ward Road iotersectioos.
ATP MediurrH,gh $9,899,000 Improved connec1v1ty for walking Class I mu'.· ti--use pa!h, ADA ar.d b'king to schools and jobs. compliant ramps, crosswalks, tr3ftic:
Tr anspormior. ecuity for control dQvices., la11dscapi11r,. and d :1advantasedilow income bicycle/pedc,trian bridg~ dt th~ comm<Jn1tlec.. ~•fain Cil1"1,1l
lPP Mcdiurr. 525,000,000 Reducl'.!d vehJde e'llissiois. reducad Roadway widernrtg and new Compeliti'le vehicle miles trave!ed, ~rd s.Jo~o:-t alignment pavem~:it for tran,portat:on equity for reconstruc.tion, bridgP. 1ovirie:1,r1g, disadvantaged/low-income Cl~!.'!> I multi-USP path. :md commJmties. intersect~ons.
TCE? Low $35,000,000 Improved truck ~peratio~s und Roadv1o·ay wider.ins and new througl1put on tne S1ate H!grwav 31ignment. pavem~~,
svsrem and loca: roadway. reconstl"uction, bridge Widening, Class I mu~ti-use path. and
interscct'ons.
19 211
Table 4 - Needs List Identified in Nexus Report
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Table 4 - Needs List Identified in Nexus Report, Continued ,J;WWlklld~
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THIS PAGE IS INTENTIONALLY LEFT BLANK
214
RESOLUTION NO. 4786
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS REVISING DEVELOPMENT
IMPACT FEES FOR THE PROVISION OF CAPITAL
FACILITIES RELATING TO POLICE, FIRE, PARK
IMPROVEMENTS, AND ESTABLISHING
DEVELOPMENT IMPACT FEES FOR THE
PROVISION OF CAPITAL FACILITIES RELATING TO
COMMUNITY CENTER, CITY HALL, CORPORATION
YARD, AND PROGRAM ADMINISTRATION
WHEREAS, the City of Los Banos General Plan includes a general descnpt1on of the location, capacity, and types of capital improvements needed to serve new development in the Crty, and
WHEREAS, m order to protect the health, safety and welfare of the community and to ensure that adequate caprtal fac1ht1es are provided and maintained for the residents of the Crty and so that new development m the City pays its fair share of the cost of providing these facilrtJes, levy of a caprtal fac1hties fee 1s necessary, and WHEREAS, the "City of Los Banos Capital Fac1ht1es Fee Nexus Study" dated June 28, 2006, prepared by Goodwin Consulting Group, which Nexus Study has been presented to the Crty Council and 1s incorporated herein by this reference, details the relat1onsh1p between the use of the proposed fees and the types of development on which the fees are imposed, the relat1onsh1p between the need for the pubhc fac1ht1es and the type of development on which the fees are imposed, and the relat1onsh1p between the amount of the fees and cost of the public faciht1es, and
WHEREAS, the Crty Council finds that the fee schedule detailed in Exh1b1t A attached hereto 1s hmrted to those fees aSSOC1ated with Pohce, Fire, Park Improvement, Community Center, City Hall, Corporation Yard, and Adm1mstrat1on and the planned improvements detailed in the Nexus Study are consistent With the Los Banos General Plan, and WHEREAS, pursuant to Government Code section 66016, the data required to be made available to the pubhc pnor to the adoption of the Caprtal Fac1ht1es Fee by this resolution was made available for pubhc review at least 1 O days prior to the date of this meeting, WHEREAS, pursuant to Government Code section 66018, notice of a pubhc heanng on the levy of the Caprtal Facd1t1es Fee was pubhshed in the Los Banos Enterpnse for at least ten days pnor to the date of this meeting, and
WHEREAS, a duly noticed pubhc heanng before the Crty CounCII on the levy of the Capital Fac1ht1es Fee was held on October 4, 2006, at which heanng pubhc testimony was received and duly considered, and
WHEREAS, levy of the Caprtal Facilities Fee 1s not a "proJecr subJect to the Cahfom1a Environmental Ouahty Act because 1t 1s a funding mechanism having no physical effect on the environment
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos SECTION 1: That the Crty Council of the Crty of Los Banos finds and determines that the Comprehensive Impact Fee nexus study dated June 28, 2006 prepared by Goodwin Consulting Group (the "Study") cornphes With Caldom1a Government Code § 66001 by establishing the basis for the 1mposrt1on of the fees on new development This finding 1s based on the fact that the Study
(a) Identifies the purpose of the fees,
(b) Identifies the use to which the fees will be put,
(c) Shows a reasonable relat1onsh1p between the use of the fees and the type of development proJect on which the fees are imposed,
(d) Demonstrates a reasonable relat1onsh1p between the need for the pubhc fac1ht1es and the type of development proiects on which the fees are imposed, and 215
{e) Demonstrates a reasonable relat1onsh1p between the amount of the fees and the cost of the public facllrt1es or portion of the public fac1llt1es attnbutable to the development on which the fees are imposed
SECTION 2 That the City Council hereby deterrmnes that the fees collected pursuant to this Resolution shall be used to finance the public fac1lrt1es descnbed or Identlf1ed in the Study SECTION 3 That the City Council has considered the spec1f1c project descnpt1ons and cost estimates 1dent1f1ed in the Study and hereby approves such project descnpt1ons and cost estimates and finds them reasonable as the basis for calculating and imposing certain development impact fees
SECTION 4 That the City Council finds that the projects and fee methodology 1dentlf1ed in the Report are consistent wrth the City's General Plan and Caprtal Improvement Plan SECTION 5. The adoption of the Study and the Development Impact Fee Schedule are statutorily and categoncally exempt from the requirements of the Callfom1a Environmental Quality Act ("CIA"), because the setting of development impact fees merely establishes a funding mechanism for the proV1s1on of future projects, and as such, the Resolution 1s not an essential step culminating in action which may affect the environment and enV1ronmental review required under CIA will be performed when projects funded by the development impact fees are chosen and defined {Kaufman & Broad South Bay, Inc v Morgan Hill (1993) 9 Cal App, 4th 464
SECTION 6. That the City Council adopts the revIs1ons to existing fees and establishment of new components to the caprtal fac1lrt1es fees as set forth in the Development Impact Fee Schedule attached hereto as Exh1b1t A
SECTION 7 That an annual adjustment to account for construction cost escalations shall be applied to all development impact fees in the manner and at the time spec1f1ed below A At the second meeting of the City Council dunng January of each calendar year, the City Manager shall report the finding on the escalation of construction costs for the pnor 12 months through October of the preV1ous year
B The basis for this report shall be the National Average Construction Cost Index as published by the Engineering New Record or other similar construction cost indexes C Upon this report, the Council shall take action to allow an escalation in development impact fees to become effective the first day of March of each year SECTION 8 That the Comprehensive Impact Fee Nexus Study dated June 28, 2006 prepared by Goodwin Consulting Group attached hereto as Exh1b1t A does not amend water, wastewater, traffic, public facilities, and storm drainage impact fees previously established by pnor ordinances and resolutions of the City Council
SECTION 9 That the Comprehens1Ve Impact Fee Nexus Study dated June 28, 2006 prepared by Goodwin Consulting Group, attached hereto as Exh1b1t A 1s hereby adopted SECTION 10 That the fees spec1f1ed m the attached Exh1b1t A shall become effective sixty {60) days following the adoption of this Resolution by the City Council PASSED AND ADOPTED by the City Council of the City of Los Banos this 4th day of October, 2006
AYES
NOES
ABSENT
ATTEST
Council Member Brooks, Jones, McAdam, Pruitt, Mayor Amabile None
None
£~'£. J.b.~-.... Lucille L Mallonee, City Clerk
216
Exhibit A
[under separate cover]
217
THIS PAGE IS INTENTIONALLY LEFT BLANK
218
G
CAPITAL FACILITIES FEE NEXUS STUDY
CITY OF LOS BANOS
JUNE 28, 2006
555 UNIVERSITY AVE, SUITE 280 • SACRAMENTO, CA 95825
PHONE (916) 561-0890 • FAX (916) 561-0891
219
CITY OF Los BANOS
CAPITAL FACILITIES FEE NEXUS STUDY
TABLE OF CONTENTS
Section
I
II
III
IV
V
VI.
VII
vm
IX
X
XI
Executive Summary
Introduction
Fee Methodology
Population and Land Use Categones
Pohce Fee Component
Fire Protection Fee Component
Park Improvement Fee Component
Commumty Center Fee Component
City Hall Fee Component
Corporation Yard Fee Component
Fee Component Summary
Ongomg Adnnmstrat10n of the CFF Program .I
Page
4 7
11 15
18 21
24 27
30 31
220
CITY OF Los BANOS
CAPITAL FACILITIES FEE NEXUS STIJDY
TABLE OF CONTENTS (CONT )
Appendix A Capital Fac1h1:Jes Fee Program Calculations
Table A-1 Fee Summary for New Development m the City of Los Banos Table A-2 Land Uses
Table A-3a Pohce Station and Ammal Control Cost CalculatJon Table A-3b Pohce Vehicles and Equipment Cost Calculation Table A-3c Pohce Fee
Table A-4a Summary ofFrre Protection Costs
Table A--4b Fire Protection Fee
Table A-5 Park Improvement Fee
Table A-6 Commumty Center Fee
Table A-7 City Hall Fee
Table A-8 Corporation Yard Fee
221
CITY OF Los BANOS
CAPITAL FACILITIES FEE NEXUS STUDY
EXECUTIVE SUMMARY
A. Purpose of the Study
kl new development occurs withm the City of Los Banos, new capital fac1ht1es will be requrred to meet the vanous demands of future development The City has determmed that these demands will necessitate add1t10nal police, frre protection, park improvement, commumty center, city hall, and corporation yard facilities The new capital facilities will be funded through the City's Capital Fac1hties Fee (hereafter "CFF") and will be presented as mdiv1dual fee components m accordance with the categones hsted above Furthermore, tb1s CFF Nexus Study will be the basts for the City's rev1s1on of its current CFF program, which applies to all future growth w1thm the City Goodwm Consultmg Group, Inc has prepared this study to revise the Los Banos Development Impact Fee Schedule, which was ongmally adopted January 5, 2000 by City Council Resolution No 4083 The revtsed CFF 1s compliant with the regulations set forth m AB 1600 and ensures that a rational nexus exists between new development m the City and ( 1) the use and need of the proposed ,. fac1ht1es, and ( u) the amount of the development impact fee assigned to future land uses TbJS CFF Nexus Study demonstrates that a rough proport1onahty exists between the development unpact fee to be levied on each type ofland use and the cost of the fac1ht1es attnbutable to that land use B Summary of the CFF
Table ES-I summarizes the fee components of the CFF as calculated m this report A three percent (3 0%) fee 1s mcluded to pay for admm1stratlon of the CFF C,ty of Los Banos
Capital Fac1i111es Fee
222
Facd1tv Tvoe
Pohce
TABLEES-1
CFFSUMMARY
RESIDENI!Al, LAND USEl:i
Very-Low/Low Medium High
Density DenS1ty Density
(perUmt) (perUmt) (perUmt)
$2,243 96 $1 ,845 36 $1,328 66
NQN-RESIDENDAL L~D llSI§
CommerCllll Office Iodustr1al
(per Sq Ft) (perSq Ft) (per Sq Ft)
I $0 33 $050 $024
--- - - -- -- ---- - --- - -- -- - - - --- -- - ---··-- -- ---- F1re $80000 $64000 $384 00 $032 $032 $032 Park Improvement $6,079 84 $4,999 87 $3,599 91 NIA NIA NIA Commuruty Center $349 97 $287 81 $207 22 $0 06 $008 I $004 ---------- - - - ---- - ----- - - - ----- -------~----- City Hall $864 34 $710 80 SSII 78 $0 13 so 19 $009 ---- - ----- - --- - --- - - -·- - - - - - --- ---- --- -- Corporallon Yard $303 51 $24960 $17971 $005 $007 $004 Adnun1strat1on (3%) $319 25 ' $262 00 $186 34 $003 $003 $002 Total $10,960 87 ~544 $6,397 62 $092 $119 $075
C. Fee Adjustments
The CFF may be ad Justed m future years to reflect revised fac1hty standards, receipt of fund mg from alternative sources (1 e, state or federal grants), revised costs, or changes m demographics or the land use plan In addition to such adjustments, the fees will be IDflated each year by a predetemnned mdex The City will detenrune the specific charactensttcs of the development at the tnne impact fees are assessed m order to categonze the development mto the proper land use category for purposes oflevymg the CFF
City of Los Banos
Capital Facilllres Fee ll
223
I. Introduction
The City of Los Banos (hereafter "City") 1s located m the western portion ofMerced County along Highway 152 Incorporated m 1907, the Los Banos economy contmues to rely heaVJ!y on the agncultural tendencies of the region However, new enterpnse and local government also contnbute to the local economy, ensunng the proVJsion of a vanety of amerutJes for City residents A Purpose of the Study
As new development contmues withm the City of Los Banos, new capital fac1httes will be requued to meet the demands of future development The City has determmed that these demands will necessitate additional pohce, fire protect10n, park nnprovement, community center, City hall, and corporation yard fac1hties The add1tJonal fac1ltties will be funded through the City's Capital Facilities Fee (hereafter "CFF") and will be presented as mdlVldual fee components m accordance with the categones listed above Furthermore, this CFF Nexus Study will be the basis for the City's revision of1ts current CFF program, which applies to all future growth withm the City Goodwin Consultmg Group, Inc has prepared this study to revise the Los Banos Development Impact Fee Schedule, which was ongmally adopted January 5, 2000 by City Council Resolution No 4083 The revised CFF 1s compliant with the regulations set forth m AB 1600 and ensures that a rational nexus exists between new development In the City and (1) the use and need of the proposed fac1httes, and (u) the amount of the development impact fee assigned to future land uses The revised CFF discussed m this report, subJect to the fee adjustments and mflation adjustments noted m Section XI, will apply to all future development ( except umts subJect to ex1stmg Development Agreements, as discussed m Section Ill ofth1s study) that occurs w1thm the City as well as any new development m areas that annex to the City m future years C,ty of Los Banos
Capua/ Facu,ties Fee 1
224
B. Impact Fee Nexus Reqmrements (AB 1600)
Assembly Bill (AB) 1600, which was enacted by the State of California m 1987, created Section 66000 et seq of the Government Code AB 1600, also referred to as the Mthgation Fee Act, reqmres that all public agencies satisfy the followmg reqwrements when estabhshmg, mcreasmg, or 1mposmg a fee as a condition of approval of a development project 1 Identify the purpose of the fee
2 Identify the use to which the fee 1s to be put
3 Determme how there 1s a reasonable relat1onslup between A The fee's use and the type of development proJect on which the fee 1s imposed
B The need for the pubhc factltty and the type of development project on which the fee is imposed
C The amount of the fee and the cost of the pubhc facihty or port.Ion of the public facility attnbutable to the development on which the fee 1s imposed As stated above, the purpose ofth1s study 1s to demonstrate that all fee components of the revised CFF comply with AB 1600 The assumptions, fee methodologies, fac1hty standards and costs, as well as the cost allocation factors that were used to establtsh the nexus between the CFF and the development on which it will be levied are summanzed m the subsequent sections oftlus report C. Organization of Report
The remamder ofth1s report has been orgamzed mto the folloWtng sections Section II
City of Los Banos
Capua[ Facl1111es Fee
Provides a detatled explanation of the fee methodologies used to calculate the vanous md1VJdual fee components of the CFF
2 225
Section III Defines the demographic and land use assumptions used m the detailed calculations and m the apphcat1on of the CFF
Sect10ns N-IX Provides the detailed calculatJ.ons for the pohce, fire protection, park improvement, commumty center, city hall, and corporatJ.on yard fees Sect10nX
Section XI
C,zy of Los Banos
Capital Facll1hes Fee
Provides a summary of the mdiv1dual fee components calculated m this report
Addresses future fee adJustments, fee 1mplementat:Jon, annual adm1mstrat1ve duties, fee credits or reimbursements and other relevant items 3 226
IL Fee Methodology
When impact fees are calculated, an analysts must be presented m enough detail to demonstrate that a logical, thorough consideration was applied m the process of determmmg how the fees relate to the impacts from new development As previously descnbed, vanous findmgs must be made to ensure that there 1s a reasonable relationship between the fee and the development on which that tmpact fee will be levted There are several generally accepted methods of determmmg impact fees for future development The ch01ce of the method used depends on the type offactl1ty for which an impact fee 1s bemg calculated Followmg is a discussion of the two methods used m this report to calculate the mdivtdual fee components of the CFF
A. Plan-Based Fee Methodology
The plan-based fee methodology 1s used for fac1httes that must be designed based on future demand proJectlons and/or the geographic location of anticipated growth For example, the need for fire protection-related improvements depends specifically on the future area that will be served An analysts of existing fac1htJes, geographic constramts, and current levels of servtce must be completed m order to identify future fac1hty needs This mformat1on is analyzed m con1unct1.on with a projection of the amount and location of future development m order to determme the adequacy of existing fac1ht1es and the demand for new improvements that will be requtred The steps to calculate a CFF component under the plan-based fee methodology mclude the followmg Step! Identtfy existing development and estimate future demand proJect1ons as well as the geographic location of ant1c1pated growth
Step 2 Determme fac1ht1es needed to serve ant1c1pated growth and, 1f necessary, ex1stmg development m the City
City of Los Banos
Capital Facrlltles Fee 4
227
Step3
Step4
Step5
Step6
Step 7
Step8
Step9
Estimate the gross cost of fac1ht1es needed to serve both ex1stmg and future development
Subtract the gross cost of any fac1ht1es mcluded m the fac1ht1es plan that will cure an ex1stmg deficiency rn serv1ce (will serve ex1stmg development) Subtract revenues available from alternative fundmg sources, 1f any, to 1denhfy a net fac1ht1es cost that will be allocated to future development Select the demand vanable ( e g , trips generated, acres, persons served, etc ) that will be used to allocate fac1hty costs on a benefit rationale basis, apply demand vanable rates to each of the land uses based on serv1ce demand Esnmate the total demand vanables that will be generated by all future development land use categones by mulhplymg each respective land use by its assigned demand vanable rate Sum the totals from the land uses D1v1de the net fac1ht1es cost allocated to future development by the total demand vanables denved m Step 7 to calculate the cost per demand vanable ( e g , cost per tnp generated, cost per acre, cost per person served, etc ) MultJ.ply the cost per demand vanable by the demand vanable assigned to each land use category m Step 6 to detenmne the impact fee for that particular land use category ( e g , cost per urut, cost per square foot, etc ) The plan-based fee methodology was used m the calculation of, or portions of the calculation of, the pohce, fire protection, park improvement, commumty center, and corporation yard fee components of the CFF
Clt)I of Los Btmos
Capital Facillhes Fee 5
228
B Standard-Based Fee Methodology
The standard-based fee methodology 1s used when a consistent fac1hty semce level standard 1s to be applied to each component of new development (1 e, residential urut, non-res1dent1al square foot) regardless, of future demand pr0Ject1ons or the geographic location of ant1c1pated growth The standard to be used m calculatmg !lllpact fees under this method may be based on an existing or a preferred standard To the extent a preferred standard 1s used which 1s higher than the eXJstJng standard, the public agency will need to rely on other sources of funds to mitigate the deficit related to ex1stmg development created through the adoption of the higher standard The steps to calculate a CFF component under the standard-based fee methodology mclude the folloWJng Stepl
Step2
Step3
Step4
Define the ex1stmg faCJhty standard expressed m terms of residents, employees, persons served, or other standard appropnate for the type of faCJhty for which a component of the CFF 1s bemg calculated Determme a cost for each mcremental fac1hty standard identified m Step I based on current replacement costs, reduce the fac1hty costs by subtractmg ex1stmg fee fund revenue or alternative fundmg sources, 1f applicable Apply demand vanable rates to each of the land uses based on service demand ( e g persons per household, Jobs per acre, etc ) Multiply the demand vartable for each type ofland use identified m Step 3 by the cost for each mcremental fac1hty standard determmed m Step 2 to calculate the impact fee for each of the land use categones The standard-based fee methodology was used m the calculation of, or portions of the calcu_lation of, the pohce, park improvement, city hall, and corporat10n yard fee components of the CFF Additional detaII for each fee component m the CFF 1s mcluded m sections IV through IX City of Los Bano:s
Capital Fac1l1hes Fee 6
229
III. Population and Land Use Categones
A Population
Over the last 25 years, the City has expenenced significant growth and pro3ections suggest that the strong growth will contmue The Cahfom1a Department ofFmance's Demographic Research Umt estimates the household population ofLos Banos m 2006 to be 34,048 By the year 2020, assummg a growth rate of 4 0% per year, the population 1s estunated to be approximately 61,300 Current and future populatton and employment figures are presented m Table A-2 Of particular importance to the estimation of future residential uruts is the treatment ofumts subJect to ex1stmg development agreements (hereafter "DAs") These residential uruts have separate fee structures as governed by the md!Vldual DAs However, future fac1hty needs reflected m this study consider the unpact of these umts even though the umts are not subject to the fees outlmed m this report Consequently, there 1s a mismatch between what should be collected and what will be collected, pursuant to the md1v1dual DAs lncludmg units subject to existing DAs m the calculation of the CFF ensures that residential umts that are not sub3ect to a DA will not subsidize costs that should be assigned to DA umts The difference between what will be collected from the remammg DA umts and what would have been collected 1fthe DAs did not hnnt fees on the umts must be paid by the City from sources other than impact fee revenues B. Land Use Categories
The M1t1gatton Fee Act (§66001) requrres that a reasonable relatJonslnp exist between the need for pubhc fac1ht1es and the type of development on which the unpact fee 1s imposed The need for pubhc fac1ht1es is related to the level of service demanded, which vanes m proportion to the number of residents or employees, or buildmg square footage, generated by a pamcular land use type Therefore, land use categones have been defined m order to dzstlngu1sh between relative impacts on fac1ht1es All fee components of the CFF m this study have been calculated per dwellmg unit for residential land use categones and per bmldmg square foot for non-residential land use categones City of Los Banos
Capital Fac,lmes Fee 7
230
The followmg land use categones are identified for purposes of this study Very-Low/Low Density This category 1s charactenzed by larger "estate-style" lots for smgle family residential development Typical lot sizes would range from 15,000 to 20,000 square feet Except m extraordmary circumstances, 1t 1s not expected that lots greater than one acre m size would be developed w1thm the City limits Typical development m tlns Land Use Designation would provide one-half acre lots for approximately two umts per acre Tins Des1gnat10n [also] mcludes smgle family development on lot sizes more typically found m urban settings lndJVJdual lot sJZes would typically range from 6,000 to 12,000 square feet m size Under a Planned Development Zonmg Distnct, smaller lot sJZes may be permitted when clustered around an open space amemty such as a park, golf course, open space, or lake Typical smgle family subdivisions provide between one and seven dwelling uruts per gross acre ( 1999 General Plan p LU-14-LU-15) Medium Density
City of Los Banos
Capital Fac1lmes Fee
ThJS designation allows typical duplex or lower density apartment complexes and other non-traditional designs such as zero lot hnes, patio homes, and townhomes with lot sJZes rangmg from 4,500 to 7,500 square feet for smgle family developments The ID!Illmum sJZe of newly created medmm density residential zones shall be one acre, unless part of a Planned Development or an mfill development Ex1stmg nonconfomnng lots can also be developed at 3,000 square feet of lot area for each dwellmg urut Density is typically 7-17 dwellmg umts per gross acre It 1s mtended that development be conveniently serviced by neighborhood commercial and recreational fac1hties and have access to maJor collector or artenal streets This des1gnat1on 1s often sought for m-fill development m ex1stmg neighborhoods (1999 General Plan p LU-15)
8 231
High Density
Commercial
Office
lndustna/
CJty of Los Banos
Capital Fac1lzt1es Fee
This designation 1s mtended pnmanly for mult1-fanuly apartJnent and condommmm development m prox1m1ty to maJor artenal streets, commercial and recreational facilities, and employment centers When new lots are created by the parcel map or subdiv1s10n process, the mlillIIlum lot area 1s to be 7,200 square feet, and the number of uruts per lot 1s based on 1,200 square feet of area for each dwelling umt Typical development under this land use designation 1s 15 umts per acre (1999 General Plan p LU-15)
Retail and semce busmesses mcludmg, but not hnnted to the followmg
1 food stores
2 book stores, video rental stores
3 drug stores
4 laundry and cleaning estabhshments, mcludmg self-operated 5 barber shops and beauty parlors
6 repau shops for shoes, radms, TVs, domestic appliances 7 professional semces, studios, chrucs
8 automotive service stations, vehicle mamtenance and repau 9 bankmg, msurance, and real estate services
10 restaurants, small bakenes, theaters, bowling alleys, social clubs 11 home supply stores
Includes, but 1s not !muted to, bruldmgs m which professional, clencal, or medical activ1t1es are conducted
Includes, but 1s not hm1ted to, warehouse and wholesale d1stnbution, 1mm-warehouses, truck termmals, manufactunng, processmg, fabncatmg, assembly, refinmg, repa1rmg, packmg, or treatment of goods, matenal, or produce, sheet metal and weldmg shops, wholesale lumberyards, contractor yards, auto wreclong yards, cannenes, feed lots, stock yards 9 232
The City will make the final detenmnatlon as to which land use category a part:Icular development will be assigned The City 1s authonzed to detenmne the land use category that corresponds most duectly to the land use Altemat1vely, the City can detenmne that no land use category adequately corresponds to the development m question and may determme applicable ad hoc rmpact fees City of Los Banos
Capital Fac1l1t1es Fee
233
IV. Po/zce Fee Component
This section of the report addresses the AB 1600 nexus reqmrements as they relate to the calculation of the pohce fee Adcht1onally, it identifies the demand variable selected as well as the fac1hnes, est11Dated costs, and recommended fees
A NexusTest
The pohce fee component meets the AB 1600 nexus reqmrements, as evidenced by the table below AB 1600 Nexus Test for the Pobce Fee Component
Identify the purpose of the fee
Identify the use of the fee
Determine how there 1s a reasonable
relat1onshtp between the fee's use and the
type of development proJect on which the
fee 1s imposed
Detenrune how there 1s a reasonable
relatJonsh1p between the need for thepubhc
fac1hty and the type of development proiect
on which the fee 1s imposed
Determine how there 1s a reasonable
relatlonsh1p between the amount of the fee
and the cost of the pubhc factl1ty or porllon
of the pubhc fac1hty attnbutable to the
development on which the fee ts imposed
Cay of Los Banos
Capital Faczl1t1es Fee
To fund pohce-related capital costs attnbutable to the impact ofnew development
To purchase or construct thepohce fac1hnes 1dennfied m Table A-3a and Table A-3b
The use of the fee to purchase or construct the pohce fac1bhes identified m Table A-3a and Table A-3b ensures that pohce fac1ht1es will be available to serve new res1den!!al and non-restden!!al development withm the City
New pohce fac1h1tes will be needed as new res1dennal and non-residential development will generate additional residents and employees and mcrease the demand placed on the City's ex1stmg pohce fact h Iles
The pohce fee 1s set so that the fees collected offset the cost of purchasing or constructing the fac1ht1es necessary to serve new development Residential and non-res1denttal development wtll be responsible for the fatr-share portion of the total cost based on the demand vanables assigned to the md1v1dual land uses
11 234
B Demand Vanable Persons Served
It 1s assumed that the demand for pohce services 1s dJTectly correlated with the number of residents and employees The calculatlon of total persons served rncludes the entire res1dent1al population plus a portion of the employee population Assumrng the average employee works 40 hours per week, one employee equals approximately O 24 residents
Employee 40 hrs/week - 168 hrs m a week :::: 0 24 residents As a result, the cost per employee 1s approxnnately 24% of the cost per resident C Required Faclhnes and Esnmated Costs
Usmg current pohce staffing numbers, the existing standards for sworn officers and non-sworn personnel per 1,000 persons served are computed Also presented m Table A-3a and Table A-3b, are the preferred standards for sworn and non-sworn personnel that the City mtends to apply to furore development with respect to all vehicles and equipment The pohce station smng and cost assumptions shown m the third section ofTable A-3a are denved from the "Master Plan Study, Merced County- City of Los Banos Government Center" prepared by MWM Architects, Inc Ongmally released on January 5, 2000, the study conducted a space needs assessment for a county government center and pohce station ID downtown Los Banos Included were a detailed analysis of the pohce department's current fac1httes and an evaluation of future requuements The study concluded that by 2010, the pohce department would need 47,900 gross square feet ofbmldmg space to accommodate the personnel necessary to serve the City at that time Table A-3a presents umt costs and bu!ldmg square footage assumptions for each of the followmg hne items Pohce Adrmmstrat1on/Operat1ons Bmldrng, Detention Facility, Service Bmld1Dgs, and Site Development The umt costs for the first two !me items are based on mformatton gathered by the police department relative to the c1t1es of Clovis and Gdroy, while the remammg umt costs are equal to those ID MWM's study mflated by the Engmeenng News Record's Constructton Cost Index Oty of Los Banos
Capua/ Fac,lllles Fee 12
235
for the penod 2000-2005 Other Costs, winch mclude A-E design fees, topographic and boundary surveys, matenal testing, furrushmgs, fixtures, and eqmpment, envrronmental study documents, City staff and consultant time, and construction management, are only inflated by ENR's CCI for 2002-2005 as MWM's study mdJcated that these other costs are presented ID 2002 dollars Fmally, 1t 1s estimated that 2 acres would be needed for the planned pohce fac1ht1es At an estimated cost of $15 per square foot, an additional $1 3 nulhon for land acqu1s1t10n was added to the total pohce stat10n cost In current day dollars, the fac1hty requirements total approximately $19 5 rmlhon The $19 5 million 1s to be allocated between eXIsttng and furore development because the future pohce station will serve ex1stmg and future residents and employees Allocat:mg the police stat10n cost ID d1rect proportion to total persons served results m $3 6 rrull1on allotted to future development With future development expected to generate 8,039 persons by 2010, the pohce station cost per person served equates to $444
Ammal control fac1hties and costs are shown m the final section of Table A-3a Office space, storage space, and lot Size assumptions were provided by the City's pohce department and represent the preferred level of service for existing development m the City The estimated cost of ammal control facilities under this preferred level equates to approximately $3 2 1I11lhon With 35,899 current persons served, the value of the ammal control fac1ht1es equates to $90 per person served Current pohce vehicles and equipment are itemized m Table A-3b It follows that the same types of vehicles and equipment will be needed as new development occurs ID the City The cost mcludes marked and unmarked patrol cars, support vehicles, office eqmpment, and personal duty gear for both sworn and non-sworn personnel
Table A-3b uses the preferred standard of 1 5 sworn officers per 1,000 persons served and O 6 non-sworn personnel per 1,000 persons served to calculate a vehicle and equipment cost of $55 45 per person served Also presented 1s an add1ttonal eqwpment cost of $11 96 per person served Add1tJonal eqmpment consists of seven mobile data termIDals and three radio tower receiver sites \
City of Los Banos
Capital Facil,ties Fee 13
236
The cost per demand vanable, m tlus case persons served, 1s applied to the demand vanable assigned to each of the land use categones to arnve at a fee per residential umt or non-res1dent1al square foot Toe range of fees for the different land use categones 1s discussed below D. Pohce Fee Component
The final section of Table A-3c shows the calculanon of the pohce fee component of the CFF The $601 45 cost per person served 1s applied to each of the residential land use categones based on average persons per household and each of the non-residential land use categones based on employee res1dent-equ1valents The pohce fees are as follows • $2,243 96 per umt for Very-Low/Low Density uses,
• $1,845 36 per umt for Medium Density uses,
• $1,328 66 per umt for High Density uses,
• $0 33 per square foot for CommerC1al uses,
• $0 50 per square foot for Office uses, and
• $0 24 per square foot for Industnal uses
C~ of Los Banos
Capua/ Fac,/lftes Fee 14
237
V. Fire Protectzon Fee Component
This section of the report addresses the AB 1600 nexus requrrements as they relate to the calculation of the fire protection fee Add1tionally, 1t 1dent1fies the demand vanable selected as well as the fac1hties, estimated costs, and recommended fees
A Nexus Test
The fire protection fee component meets the AB 1600 nexus requrrements, as evidenced by the table below
AB 1600 Nexus Test for the Fire Protection Fee Component lden!J.fy the pmpose of the fee
Identify the use of the fee
Detennme how there 1s a reasonable
relationship between the fee's use and the
type of development proJect on winch the
fee 1s imposed
Determme how there 1s a reasonable
relationship between the need for the public
fac1bty and the type of development project
on which the fee 1s rmposed
Determme how there 1s a reasonable
relabonshlJ) between the amount of the fee
and the cost of the pub he fac1bty or portion
of the pubbc fac1hty attnbutable to the
development on which the fee 1s nnposed
C,ty of Los Banos
Capital Fac1lttus Fee
To fund fire protection-related capital costs attnbutable to the unpact of new development
To purchase or construct the fire protection fac1h11es 1denbfied m TableA-4a
The use of the fee to purchase or construct the fire protection faCJhlles identified m Table A-4a ensures that fire protection facibties Will be available to serve new res1den11al and non-res1den11al development w1thm the City
New fire protection facl11ties Wlll be needed as new residential and non-res1denbal development w,ll generate additional residents and employees and mcrease the demand placed on the City's ex1stmg fire protection fac1htJes
The fire protection fee 1s set so that the fees collected offset the cost of purchasmg or construchng the fac1bhes necessary to serve new development Res1denhal and non-res1denhal development will be responsible for the fair-share portion of the total cost based on the demand vanables assigned to the mdJVJdual land uses
15 I
238
B Demand Vanable. Bmldmg Square Feet
As development occurs, 1t 1s reasonable to assume that add1t10nal square footage will place an mcreased demand on fire protection services In cboosmg buJldmg square feet as the fire protection demand vanable, assumptions were made as to the average bu1ldmg square footage of the three residential categones All Very-Low/Low Density umts were assumed to be 2,500 square feet, all Medium Density umts were assumed to be 2,000 square feet, and all High Density umts were assumed to be 1,200 square feet Furthermore, floor-to-area ratios for the three non-reSJdent1al categones were requ1red as well Commercial, office, and mdustnal land uses were assumed to have floor-to-area ratios of0 25, 0 30, and O 30, respectively C Required Facilities and Estimated Costs
Based on future development proJectlons and the geographic location of anticipated growth, the City's fire department estimated the impact on the current fire protection network Fire protection fac1hhes needed to serve future development were identified and quantified m dollar tenns Use of the plan-based fee methodology to calculate the fire protection fee corresponds with the nature of future development's impact on the fire protection network Only by estimating the amount and location of future development can the appropnate improvements and related costs be identified The City has concluded that three new fire stations will be needed to serve future development m the proJect area Although the City only has two fire stations at this time, two factors played an important role m the fire department's determmation that three additional stations would be needed by 2020 1) The City's need to replace volunteers with professional fire fighters, and 2) the hkely geographic distnbution of future development All of the costs to acqurre and develop the land, construct the stations, and purchase the furniture, fixtures, and equipment for the fire stations are presented m Table A-4a Also identified are certam additional fac1hhes that are proportionately allocated between ex1stmg and future development based on the percentage contnbution of each to total persons served by 2020 The estimated cost allocated to new development, mcludmg the land, fire stations, equipment, and adchtional fac1ht1es 1s $7 2 mtlhon Oty of Los Banos
Capital Fac1lltles Fee 16
239
Table A-4b shows the square footage and floor-to-area ratio assumpt10ns used m the calculation of the fire protection fee component of the CFF The table 1s d1V1ded mto two sections with the first calculatmg the net cost allocated to future development Smee buildmg square feet was selected as the appropnate demand vanable for fire protection services, average residential square footages were apphed to the vanous res1dent1al land uses and average floor-to-area ratios were applied to the non-res1dent1al land uses to amve at total square footage by land use The results were used to allocate the total fire costs of $7 2 ITI1lhon
D Fire Protechon Fee Component
The final section of Table A-4b shows the calculat10n of the fire protection fee component of the CFF The $0 32 cost per bmldmg square foot 1s apphed to each of the residential land use categones based on the square footage assumptions ment10ned earlier and each of the non-res1dent1al land use categones The fire protection fees are as follows.
• $800 00 per umt for Very-Low/Low Density uses,
• $640 00 per umt for Medmm Density uses,
• $384 00 per umt for High Density uses,
• $0 32 per buildmg square foot for Commerc1al uses,
• $0 32 per bmldmg square foot for Office uses, and
• $0 32 per bu1ldmg square foot for Industnal uses
Cay of Los Banos
Capital Fac1/1t1el· Fee 17
240
VI. Park Improvement Fee Component
Tots section of the report addresses the AB 1600 nexus reqmrements as they relate to the calculat1on of the park tmprovement fee Add1t10nally, 1t identifies the demand vanable selected as well as the fac1ht:Jes, estimated costs, and recommended fees
A NexusTest
The park improvement fee component meets the AB 1600 nexus reqmrements, as evidenced by the table below
AB 1600 Nexus Test for the Park Improvement Fee Component ldenttfy the pwJlOSe of the fee
ldenltfy the use of the fee
Detenmne how there 1s a reasonable
relattonshl]) between the fee's use and the
type of development proJ ect on winch the
fee 1s unposed
Deterrnme how there 1s a reasonable
rclattonship between the need for the pubhc
facility and the type of development proJect
on wluch the fee 1s imposed
Determme how there 1s a reasonable
relattonslup between the amount of the fee
and the cost of the pubbc fac1htyorportton
of the pubbc fac1hty attnbutable to the
development on which the fee 1s imposed
City of Los Banos
Capua/ Fac,lmes Fee
To fund park unprovement-related capital costs attnbutable to the impact of new development
To purchase or construct the park unpro"ements necessary to serve future reSJdential development m the City
The use of the fee to make the necessary park improvements ensures that parks will be available to serve new res1denttal development withm the City
New park improvements will be needed as new res1denttal development will generate addlttonal residents and mcrease the demand placed on the City's ex1stmg parks
The park improvement fee 1s set so that the fees collected offset the cost of purchasmg or constructtng the fac1httes necessary to serve new development Res1dent1al development will be responsible for the fair-share portion of the total cost based on the demand vanables assigned to the indmdual land uses
241
B Demand Variable Residents
Residents, as opposed to persons seived (where persons seived mcludes residents and employees), was chosen as the appropnate demand vanable because the City does not see considerable use of park fac1httes by employees oflocal busmesses
C. Reqmred FacJ11ties and Estimated Costs
The park improvement fee 1s calculated usmg a combmat1on of both fee methodologies Whtle the aquatic center uses the plan-based approach, the remalDlilg park improvement costs are determmed usmg the standard-based approach The plan-based approach works well for fac1btles such as an aquatic center, where s1gmficant effort goes mto determmmg the ultimate size and design of a fac1hty for a given service population Conversely, total park improvement costs can eastly be calculated usmg an ex1stmg or preferred standard and vanous cost assumptions for improvements Table A-5 presents the current residential population, the expected residential population m 2020, and the mcrease m the residential population due to future development Also shown are the General Plan park standards (m acres per 1,000 residents) The City mtends on applymg its General Plan park standards to all future development, resultmg m total additional acres reqmred at bmldout of 136 35 Usmg improvement costs based on s1m1lar studies mother areas of the Central Valley, the total park improvement cost 1s estnnated to be $41 9 IDilhon Residents benefit from a wide vanety of park amemties mcludmg the followmg baseball, soccer, and football fields, volleyball, playground, and p1cruc areas, and horseshoe pits, a skate park, and a swunmmg pool The ex1stmg swnnnnng pool is aJomt-use fac1hty with the school d1stnct that the City currently operates However, because of the school d1stnct's growmg needs, the City plans on turnmg the fac1hty back over to the dtstnct once construction of the new aquatic center 1s completed City of Los Banos
Capital Fac1ht1es Fee 19
242
The new aquatic center will be built on 5 acres of City-owned park land and will cost an estimated $4 0 million The City has valued the land, at $1 8 million, resultmg m a total cost of $5 8 million The comprehensive fac1hty will mcJude competition pools, mstruct1onal pools, a therapeutic pool, and the related support fac1httes such as restrooms, outdoor showers, locker rooms, and office space Future development will only be responsible for a proport10nate share of the facility based on the percentage of new residents to total residents at bu1ldout of the proJect area Expected to contribute 44 5% of the total number ofres1dents m 2020, future development 1s allocated $2 6 mill1on of the total cost of the aquatic center Includmg the cost of the aquatic fac1hty, the park improvement cost per resident equates to $1,629 59
D. Park Improvement Fee Component
The final section ofTable A-5 shows the calculation of the park improvement fee component of the CFF The $1,629 59 cost per resident 1s applied to each of the res1dent1al land use categones based on average persons per household The park llllprovement fees are as follows • $6 079 84 per urut for Very-Low/Low Density uses,
• $4,999 87 per umt for Medium Density uses, and
• $3,599 91 per umt for Htgh Density uses
Clly of Los Banos
Capital Fac1/1t1es Fee 20
243
VIL Community Center Fee Component
Tors sectmn of the report addresses the AB 1600 nexus reqmrements as they relate to the calculation of the commumty center fee Add1t1onally, 1t 1dent1fies the demand vanable selected as well as the fac1bt1es, esnmated costs, and recommended fees
A Nexus Test
The commumty center fee component meets the AB 1600 nexus requrrements, as evidenced by the table below
AB 1600 Nexus Test for the Commuruty Center Fee Component Identify the purpose of the fee
Identify the use of the fee
Detemune how there 1s a reasonable
relabOnslup between the fee's use and the
type of development proJecl on which the
fee 1s imposed
Detenmne how there 1s a reasonable
relattonsh1p between the need for the pubhc
fac1hty and the type of development proJect
on which the fee 1s imposed
Determme how there 1s a reasonable
relat1onsh1p between the amount of the fee
and the cost oftbe public fac1hty or portion
of the pubhc fac1hty attnbutable to the
development on which the fee 1s unposed
City of Los Banos
Capua/ Fac1l1hes Fee
To fund commlmlty center-related capital costs attnbutable to the impact of new development
To purchase or construct the commuruty center facthtles 1dent1fied m Table A-6
The use of the fee to purchase or construct the cornmumty center facrl1ttes identified m Table A-6 ensures that cornmuruty center fac1httes will be available to serve new res,denttal and non-res1denttal development w1thm the City
New comrnumty center facil1tJes will be needed as new residential and non-res1dentJal development will generate adrutJonal residents and employees and mcrease the demand on the need for commumty center fac1h11es withm the City
The commumty center fee 1s set so that the fees collected offset the cost of purchasmg or constructmg the fac1bt1es necessary to serve new development Res1denllal and non-res1dentJal development will be responsible for the farr-shareportJon of the total cost based on the demand vanables assigned to the md1v1dual land uses
21 244
B Demand Vanable. Persons Served
It 1s assumed that the demand for a commlllllty center 1s directly correlated with the number of residents and employees The calculation of total persons served mcludes the entire residential population plus a port10n of the employee population Assummg the average employee works 40 hours per week, one employee equals approximately O 24 residents Employee 40 hrs/week - 168 hrs m a week == 0 24 residents As a result, the cost per employee 1s approxunately 24% of the cost per resident C Required Facilities and Estimated Costs
At this tUDe, the 01ty does not have a commuruty center, however, a proposed 22,000 square foot fac1hty has been sized to accommodate both existing and future development m the project area Smee the City mtends on buildmg the commumty center on park land acqwred through the Crty's use of the Qmmby Act, land costs have been excluded from the calculation of the commim1ty center fee Table A-6 shows the calculation of total persons served as well as the construction cost per square foot to build the fac1hty and purchase the furniture, fixtures, and equipment Based on the P]ann1Dg Department's construction cost estimate of$278 per square foot, the cost of the 22,000 square foot fac1hty ts $6 1 mllhon Subtractmg the current pubhc fac1htJes fund balance of $4,225 results m a net cost of $6 1 mllhon The net cost 1s allocated to ex1stmg and future development ID direct proportion to the total persons served contnbuted at butldout of the project area Smee 44 9% of the total persons served ID 2020 ts attnbutable to future development, only $2 7 millton 1s allocated to future development, equatmg to $93 80 per person served City of Los Banos
Capital Fac1lmes Fee 22
245
D Commumty Center Fee Component
The final section of Table A-6 shows the calculation of the commumty center fee component of the CFF The $93 80 cost per person served 1s applied to each of the res1dent1al land use categones based on average persons per household and each of the non-res1denttal land use categones based on employee res1dent-equ1valents The community center fees are as follows • $349 97 per umt for Very-Low/Low Density uses,
• $287 81 per urut for Medmm Density uses,
• $207 22 per umt for High Density uses,
• $0 06 per square foot for Commercial uses,
• $0 08 per square foot for Office uses, and
• $0 04 per square foot for Industnal uses
City of Los Banos
Cap,ta/ Fac1l1nes Fee Z3
246
VIIL Czty Hall Fee Component
Tius sectton of the report addresses the AB 1600 nexus requrrements as they relate to the calculat:ion of the city hall fee Add1tionally, 1t 1dent1fies the demand vanable selected as well as the fac1hties, estimated costs, and recommended fees
A NexusTest
The city hall fee component meets the AB 1600 nexus requrrements, as evidenced by the table below
AB 1600 Nexus Test for the City Hall Fee Component
Jden!Jfy the purpose of the fee
Identify the use of the fee
Detemune how there 1s a reasonable
relat10nsh1p between the fee's use and the
type of development project on which the
fee 1s imposed
Detemnne how there 1s a reasonable
relationship between the need for the pubhc
fac1hty and the type of development project
on which the fee 1s imposed
Detennme how there 1s a reasonable
relat1onsh1p between the amount of the fee
and the cost of the pubbc fac1hty or portion
of the pubhc fac1hty attnbutable to the
development on which the fee 1s llllPOsed
City of Los Banos
Capllal Facilws Fee
To fund city hall-related capital costs attnbutable to the 1mpact of new development
To purchase or construct the city hall factl1hes identified m TableA-7
The use of the fee to purchase or construct the city hall fac1btles 1denhfied m Table A-7 ensures that City hall fac1ht1es WJII be available to serve new res1denhal and non-res1dent1al development within the City
New city hall fac1hlles will be needed as new res1dent1al and non-res1dentJal development will generate additional reSJdents and employees and mcrease the demand placed on the City's ex1stmg city hall fac1bbes
The City hall fee 1s set so that the fees collected offset the cost of purchasmg or constructmg the fac1ht1es necessary to serve new development Res1dent1al and non-res1dent1al development wdl be responsible for the faJr-share portion of the total cost based on the demand variables assigned to the md1v1dual land uses
24 247
B Demand Vanable Persons Served
It 1s assumed that the demand for mumcipal services housed m the City Hall 1s drrectly correlated with the number of residents and employees The calculation of total persons served mcludes the entire residential population plus a portion of the employee population Assummg the average employee works 40 hours per week, one employee equals approximately O 24 residents Employee 40 hrs/week - 168 hrs ma week::::: 0 24 residents As a result, the cost per employee 1s approximately 24% of the cost per resident C Reqmred Faclhbes and Estimated Costs
New development will mcrease the demand placed on the numerous mumc1pal services housed m the current city hall Therefore, additional capital costs mcurred as the City adJusts to meet the mcreased demand on its current fac1hties must be funded by new development Included m the fee are the costs to acqmre add1t10nal land, construct the fac1hties, and purchase the related furmture, fixtures, and equipment
The city hall fee uses the standard-based fee methodology, which applies a consistent fac1hty service level standard to each component of new development regardless of proJected development The City's current city hall, mcludmg the annex fac1ht1es, occupies 19,355 bu!ldmg square feet on 52,509 square feet of land The City mtends to apply the same land area and buddmg space standards to new development
The city hall fee 1s qlilte flexible smce the fee 1s estabhshed without reference to the ultimate size of the necessary fac1ht1es Smee the fee 1s not dependent on the eventual service population, 1fless grow1h occurs, presumably fewer fac1hties would be reqmred and less fee revenue would be generated Alternatively, 1fmore growth occurs, the additional fee revenue can be used to mitigate the additional impacts on fac1hties
Clly of Los Banos
Capllal Facilmes Fee 25
248
Table A-7 presents total persons served as well as the City's ex1stmg standards, which use current square footages as the numerator and total persons served of 35,899 as the denommator With a current standard of I 46 land square feet per person served and assummg land acqu1S1tion costs of $15 per square foot, the land acquJS1t1on cost per person served equates to $21 94 S1m1larly, with a current standard of O 54 bmldmg square feet per person served and buildmg construction costs of $389 per square foot, the buildmg construction cost per person served totals $209 73 The bwldmg construction cost assumption 1s based on average city hall construction costs reported mother areas D City Hall Fee Component
The final section of Table A-7 shows the calculation oftbe city hall fee component of the CFF The $231 67 cost per person served 1s apphed to each of the residential land use categones based on average persons per household and each of the non-residential land use categones based on employee res1dent-equ1valents The q,ty hall fees are as follows • $864 34 per umt for Very-Low/Low Density uses,
• $710 80 per umt for Mednun Density uses,
• $5ll 78 per umt for High Density uses,
• $0 13 per square foot for Commercial uses,
• $0 19 per square foot for Office uses, and
• $0 09 per square foot for Industnal uses
Oty of Los Banos
Capital Fac,llhes Fee 16
249
IX Corporation Yard Fee Component
This section of the report addresses the AB 1600 nexus reqmrements as they relate to the calculation of the corporat10n yard fee Add1t10nally, 1t 1dent1fies the demand vanable selected as well as the fac1ht1es, estimated costs, and recommended fees
A. Nexus Test
The corporation yard fee component meets the AB 1600 nexus reqmrements, as evidenced by the table below
AB 1600 Nexus Test for the Corporan.on Yard Fee Component Identify the purpose of the fee
Identify the use of the fee
Detennme how there 1s a reasonable
relationshlp between the fee• s use and the
type of development proJect on which the
fee 1s imposed
Detennme how there 1s a reasonable
relahonslup between the need for the pubhc
facility and the type of development pro3ect
on wluch the fee 1s imposed
Detenrune how there ts a reasonable
relattonslup between the amount of the fee
and the cost of the pubhc fac1hty or portion
of the pubhc fac1hty attnbutable to the
development on wluch the fee 1s imposed
City of Los Banos
Capital Fae1htles Fee
To fund corporatJon yard-related capital costs attnbutable to the unpact of new development
To purchase or construct the corporation yard fac1hues identified m TableA-8
The use of the fee to purchase or construct the corporation yard facilities 1denttfied m Table A-8 ensures that corporation yard fac1ht1es will be ava1lable to serve new res1dentlal and non-residential development Wtthm the City
New corporal!On yard fac1htles will be needed as new res1dent1al and non-res1dent1al development WIii generate add11lonal residents and employees and mcrease the demand placed on the City's ex1stmg corporation yard fac1ht1es
The corporation yard fee 1s set so that the fees collected offset the cost of purchasing or constructmg the fac1bt1es necessary to serve new development Res1dent1al and non-res1dent1al development will be responsible for the fair-share portion of the total cost based on the demand vanables assigned to the mdJvidual land uses
27 250
B Demand Vanable Persons Served
It 1s assumed that the demand formumc1pal services that make use of the City's corporation yards 1s dJrectly correlated with the number of residents and employees The calculatton of total persons served mcludes the entire residential population plus a portion of the employee population Assummg the average employee works 40 hours per week, one employee equals approximately 0 24 residents
Employee 40 hrs/week - 168 hrs ma week:::: 0 24 residents As a result, the cost per employee 1s approximately 24% of the cost per resident C Required Fac1btles and Estimated Costs
The City's formal corporation yard fac1ht1es mclude the Public Services and Pubhc Works yards, which he on a total of 2 5 acres Pubhc Safety, however, uses vanous parking and storage areas throughout the City It 1s the City's intention to consohdate all corporatmn yard-related needs and build a new fac1hty on 5 0 acres, with a total of 3,200 square feet of office space The planned corporation yard 1s expected to cost $5 m1lhon, with $0 6 m1lhon related to the cost of constructing the necessary office space, $2 9 mtlhon related to the cost of constructing shop butldmg and spec1ahzed covered space, and $1 5 m1lhon representing the cost ofland The total cost has been allocated between existing and future development, with future development only respoI1S1ble for the mcremental mcrease to the City's corporatmn yard fuc1ht1es In addition to the 2 5 acres of corporation yard fac1hties that the City currently operates, a combmed 2,200 square feet of office space 1s used by fleet-related mamtenance personnel Because future development will be responsible for 1,000 square feet of office space, 1t has been allocated 31 3% of the $0 6 m1lhon S1mdarly, because future development generates the need for an additional 2 5 acres, 1t has been allocated 50 0% of the rema1mng cost Cay of Los Banos
Capital Facrllties Fee 28
251
New development will mcrease the demand placed on current corporat:Ion yard fac1hnes The City beheves that the mcrernental mcrease m fac1ht1es from the planned corporation yard will adequately meet this mcreased demand The total cost of the facility attnbutable to future development 1s $2 4 m1lhon, or a cost per future person served of $81 35 The remaIDmg balance will have to be funded by ex1stmg development through means other than 1mpact fees D Corporation Yard Fee Component
The final sect:Ion of Table A-8 shows the calculation of the corporat:Ion yard fee component of the CFF The $81 35 cost per person served 1s applied to each of the res1dent:Ial land use categones based on average persons per household and each of the non-res1dent1al land use categones based on employee res1dent-equ1valents The corporation yard fees are as follows • $303 51 per umt for Very-Low/Low Density uses,
• $249 60 per umt for Medium Density uses,
• $179 71 perumt for High Density uses,
• $0 05 per square foot for Commercial uses,
• $0 07 per square foot for Office uses, and
• $0 04 per square foot for Industnal uses
C,ty of Los Banos
Capital Fac,lrtus Fee 29
252
X Fee Component Summary
Table X-1 summanzes the fee components of the CFF as calculated m this report A three percent (3 0%) fee 1s mcluded to pay for adm1mstrabon of the CFF Fac1btv Type
Pohce
Ftre
-- - --- Park Improvement
TABLEX-1
CFFSUMMARY
RESJDM:IIM. LANI! l.!SIS
Very-Low/Low Medium 111gb
Denstty Deostty Density
(perUrut) (perUmt) (per Unit)
tiQl!-RESJDENTIAJ, LAND USES
Commercial Office lodostr1al
(perSq Ft) (perSq Ft) (per Sq Ft)
$2,243 96 $1,845 36 $1,328 66 $033 $050 $024
$80000 $640 00 $384 00 $032 $032 $032
- ---- ---- ------------- --·- $6,079 84 $4,999 87 $3,599 91 NIA NIA NIA ,__ _____ - ----------------- --------- ------ Community Center -- - ------ City Hall
Corporation Yard
------- Adm1mstralton (3%)
Total
OJy of Los Banos
Capua/ Fac,lmes Fee
-
$349 97 . ·- -- $864 34
$303 51
-
$31925
Sl0,960 87
$287 81
--- - $710 80
$249 60
-- - $262 00
$8,99544
30 $20722 $006 $0 08 $004
---- ----- --- -------- SSI\ 78 $013 SO 19 $009
$17971 $005 $007 $004
-· -- - - - -- - - --- .
$186 34 $0 03 $003 $002 I
$6,397 62 $092 S119 $075
253
XL OngomgAdmzmstratlon of the CFF Program
A Fee Study Updates and Fee AdJustments
The CFF may be adJusted m future years to reflect revised fac1hty standards, receipt offundmg from alternative sources (1 e, state or federal grants), revised costs, or changes m demographics or the land use plan It 1s recommended that the City consider a fee study update annually, or potentially more frequently if circumstances have matenally been affected by events such as those hsted above If 1t 1s determmed that a fee study update is not necessary, the fees will be mflated each year by a predetermmed mdex
The fee categones summanzed m the pnor section may not be applicable to spec1ahzed development proJects m the City For example, development of a cemetery, golf co~e, or stadium would not fall under any of the fee categones m tbls study For spec1ahzed development proJects, the City will review the impacts and decide on an applicable ad hoc fee B. Fee lmplementatmn
Accordmg to the Cahfom1a Government Code, pnor to levymg a new fee or mcreasmg an existmg fee, an agency must hold at least one open and pubhc meeting At least ten days pnor to thts meetmg, the agency must make data on mfrastructure costs and fundmg sources available to the public Nonce of the time and place of the meetJng and a general explanation of the matter are to be published m accordance with Section 6062a of the Government Code, which states that pubhcat1on ofnonce shall occur for ten days m a newspaperregularly published once a week or more The City may then adopt the new fees at the second readmg
City of Los Banos
Capua/ Fac1lrt1es Fee 31
254
C. Annual Adm1mstratlve Duties
The Government Code reqmres the City to report every year and every fifth year certam financial mformatJon regardmg the fees Toe City must make available withm 1 80 days after the last day of each fiscal year the folloWlilg mfonnat1on from the pnor fiscal year A bnef descnpt1on of the type of fee m the account or fund 2 The amount of the fee
3 The begmnmg and endmg balance m the account or fund
4 The amount of the fee collected and the mterest earned 5 An 1dent:Jficatton of each pubhc improvement for which fees were expended and the amount of expenditures
6 An 1dent.Ificat1on of an approximate date by which time construction on the unprovement will commence 1fit 1s determmed that sufficient funds exist to complete the proJect 7 A descnption of each mterfund transfer or Joan made from the account and when 1t will be repaid
8 Ident1ficahon of any refunds made once 1t 1s detennmed that sufficient monies have been collected to fund all fee-related proJects
The City must make this mformatton available for pubbc review and must also present 1t at the next regularly scheduled pubhc meetmg not less than 15 days after this mfonnatJon 1s made available to the pubhc
For the fifth fiscal year followmg the first deposit mto the account or fund, and every five years thereafter, the City must make the followmg fmdtngs with respect to any rema1mng funds m the fee account, regardless of whether those funds are committed or uncommitted 1 Identify the purpose to which the fee 1s to be put
2 Demonstrate a reasonable relationship between the fee and the purpose for which 1t 1s charged
Cuy of Los Banos
Capital Facditres Fee 31
255
3 Identify all sources and amounts of fundmg anticipated to complete financing any mcomplete llDprovements
4 Designate the approximate dates on which fundmg m item (3) above 1s expected to be deposited mto the fee account
As with the annual disclosure, the five-year report must be made public w1thm l 80 days after the end of the City's fiscal year and must be reviewed at the next regularly scheduled public meebng Theie findmgs must be made by the City, otherwise, the law reqwres that the City refund the money on a prorated basis to the then current record owners of the development proJect D. Fee Credits or Reunbursements
The City may proVJde fee credits or possibly reimbursements to developers who dedicate land or construct fac1hbes Fee credits or reIIDbursements may be provided up to the cost of the improvement, as shown man applicable rmprovement plan, subJect to penod1c mflation adjustments, or the actual cost paid by the developer, whichever 1s lower For construction cost overruns, only that amount shown m the applicable unprovement plan, subject to penod1c mflatlon adJustrnents, should be credited or reimbursed The City will evaluate the appropnate fee credit or reimbursement based on the value of the dedication or improvement Credits or reimbursements may be repaid based on the pnonty of the capital improvements, as detennmed by the Ctty In some cases, repayment for constructed fac1hties that have low pnonty may be postponed Fee credits and rermbursements will be determmed by the City on a case-by-case baSIS E Interfund Transfers
It 1s recommended that the Ctty adopt a policy that Wlll allow for the transfer of fee revenues between fee funds Tots will provide greater funding flex1b1hty and fac1htate the timely phasing of improvements by al!oW1ng fees to be combmed and used as necessary All mterfund transfers must be repaid with mterest
City of Los Banos
Capllal Fac1l1aes Fee 33
256
F. Inflation Adjustments
All fees calculated m this report are reflected m year 2006 dollars In addition to the penod1c adjustments mentioned earlier, the fees should be mflated each year by a predetennmed mdex, such as the Engmeenng News Record 20-City Construction Cost Index G ProJect Costs
Actual costs for a particular project may be more or less than the fee portion calculated for that project However, 1t 1s expected that, on average, the amount collected will be appropnate for financmg the planned pro1ects Fee adjustments wdl need to be made dunng penod1c updates for differences based on actual costs mcurred and reV1sed cost estunates for remammg projects City of Los Banos
Capua/ Facumes Fee 34
257
THIS PAGE IS INTENTIONALLY LEFT BLANK
258
APPENDIX A
Capital Facilities Fee Program Calculations
259
THIS PAGE IS INTENTIONALLY LEFT BLANK
260
Table A-1
Fe~ Summa[)'. for New Development l!'.l the Cit~ of Los B~n2s Residential land Uses Non-Res1dent1af land Uses
Veiy-Low/Low Medium High I
Density Density Densrty Commercaat Office Industrial ! Facollly Tie• (e!rUM) !eerUnit) (perUnrt) (per Sq Ft) !~ rSq Ft) ~ rSq Ft) I Pohce $2-243,96 • $1~36 $132866 $033 • $050 ' $024
' $o'a2 Fire Protect,ort ~000 '$64000 $384 00 • $1) 32 '$p 32 I I PBlk')mprovement $6 079 84 $499987 $3 599_ Q.1,, NIA" • NIA • WA I I Cdrnmunlty Center' ., $34997 - t2B1-a1 s2·012i • $006 $0'08 . ..,_JO 04 11 I
Coty ijau $864 34 ' $7't08C1' $5,l1-78• , ~ • Slri'3 $019 . $!l 09 I Corpora~on Yard ~ • $3()361 $249-'&0 $179f1 . ,,,_-•• <, $0 os.~ $007 •.- • ~ ::i;o Q4 I I Adm1Jl~lraboif(3%) $319 25 $262 00 ; $188 34 $603 ' $003.- $002 I I Total $10)l61f'87 $8;~ $6;397'62 $092 (119 ', $075
261
I
Res,denbal
Very-Low/low Density
Medrum Density
High Densrty
Subtotal
Esblnated Number of Jobs m the City
Res1dent1af
Very-Low/Low Densrty
Medium Densrty
Hrgh Density
Subtotal
Non-Res1dent1al
Commeraal
Office
lndustnal
Subtotal
Table A-2
Land Uses
Ex,stmg Development at 1/1l06
Future Development through 2020
&!§ fAB
6215 025
2665 0 30
26619 030
35500
.l!m!l!
5871
3,373
1,471
10714
.I.I.!!.!!§
4 510
2,591
1130
8,230
k.f1.
676 858
$48 316
3478 594
4 503,768
Total &,stmg & Future Deyelopment through 2020
Res,dentral
Very-Low/Low Density
Medium Density
High Density
Subtotal
Estimated Number of Jobs 1n the City
.l!m!l!
10,380
5 964
2600
18 944
1/ Population numbers reflect a vacancy rate of 4 08% applied to the number of ex,sbng res1denbal umls 2/ Assumes an amual growth rate of 4 00%
Sources City of Los Banos General Plan, 5119199, Cahfom1a Department of Finance - 7
fruL1l ff!i1l
21006 373
9 925 307
3116 221
S4 04a
7,177
f9IL1l .eeH 16 825 373
7950 307
2496 221
27 270
Emllll!lr'.!!U
1554
~
25 1199 45
5 590 21
8343
fguL .ef!:I
37831 373
17,875 307
5 611 221
61,318
16,120
262
TableA-3a
Pohce Station and Animal Control Cost Calculation
I Developro,pt Ass.urnpbons Year 2006 2010
Resident Population 34 048 41424
Employee Resident Equivalent Population 1 / 1852 2514
Total Parsons Served 35899 43938
Personnel As$Umang E>osbng Standard
Ex,st,ng A Praferred Personnel per
Police Staffing Pe-nnel Staffing Standard 1 K Persons Served Sworn Officers 38 54 11
Non-SWom Personnel 22 22 06
Total futl-l,me Employee Staffing 60 76 1 7
Police Stabon Eacchbes Unit Cost Total Units
Police Admmastrabon/Operebons Butld1ng $252/SF 32 400 SF Detenbon Facelity $500/SF 12800SF
I SeMce Buudings $105/SF 2 700 SF
Site Developmenl $6/SF 30000SF
I LotSrze $15/SF 2acres
Other Costs 2/
Total Cost
l
Total Poflce Statton CostAJlocated to Existing Development Total Police Statton Cost Allocated to Future Dev1tlopment Future Persons served
Pohce Station Faetbbas Cost per Person Served
Animal Conbpl Eaetlrhu 31 ~ Total Units
Ofl1ce Space $221/SF 3050SF
Storsge Space $105/SF 5 700SF
Lot size $15/SF 3 acres
Total Cost
Ex,sbng Persons Served
Animal Control Fac11mes Cost per Person Served
1/ 1 0 employee equals approximately O 24 resJdents for purposes of this caJculetton 21 Other costs Indude A E des.ign fees topograph,c end boundary surveys matenal testmg furniture flXtures and eqwpment envin:mmental study document. Crty staff and consultant bme and construclK>!l management coats Costs were mllalod to 2005 doll,n by lhe ENR CCI 3/ Budding s12es represent the City s current preferred space needs as provided by the Police Department Sources C,ty of Los Banos Las Banos Police Deportment MWM Archnecls /no Future
Persons Served
7377
662
8,039
Preferred Standard
11 Personnel par
1 K Persons Serwd
15 06
21 Total Cost
$8164800
$6 400000
$283 500
$180000
$1 306800
~ 172000
$19 507,100
$15 938000
$3,569100
8039
$444
Total Cost
$874050
$598 500
$1960200
$3,232,750
35899
$90
263
TableA-3b
Pohce Vehicles and Equipment Cost Calculation
PtY@loPWcmt AssumDbons
Resident Population
Emptoyee Resident EquNalent Population 11
Total Persons servkl
Exrstmg
Pohce
Police Staffing
Sworn Officers
Personnel
Non SWorn Pe~nel
Toter Fu8 bme Empk>yee Staffing
Exrstrng Vehicles and Equipment
Marked Patrol Cars (unit=# of vehicles)
Unmarked Patrol Cars (und = # of whodes)
SupportVehrd8' (umt c # ofvehtcles)
&ipport Trailers (umt •#of vehw:Jes)
Office Equipment (unit ,. # of workstahom;)
Personal Duly Gear (und = # ol Swem Office,.)
Personal Duty Gear {unrt = # of Non Sworn PersOMel)
Einstmg Vehicles per Swam Officer
Marked Patrol Cars
Unmarked Patrol Cars
Exssttn9 Veh1cJes and Equipment per Fufl Tune Emp~ee
Support Vehicles
Support Tralera
Office Equipment (workstatrons)
Calculation ofVeh1~es and Equipment Under th• Preferred Standard Mari<ed Patrol Cars (un,t = # of vehtdes)
Unmerked Patrol Cars (umt = # of veh1des)
Support Vehldes (uml ~#of vehicles)
Support Traders (umt = # of vehicles} 2/
Office Equipment (un4 • # ol worf<sta~on•J
P.,.onal Duty Goar (urnt =#of SWom Officers)
Personal Duty Gear (unit=# of Non Sworn Personnel)
, Existing Persons SeNed
Vehicles and Equipment Cost per Person Served
Addlbonal Equipment Requ1remenb
Mobile Data Termrne~ (MDT)@ 1 o per o 6 Future Swom Officers 3/ Rad,o Tower Reoeiver Sites
Future Persons Served
AddIhon1I Equipment Coat per Person Served
38 22
60 1/ 1 O employee equals approximately O 24 reStctents for purposes of this calculatron Year 2006
34 048
1 852
35 899
Personnel Assuming
A Preferred
Staffing Standard
54 22
76 Number of
Units
26 9
13 2
29 38
22 068
024
022
003
048
Number of
Umts
37 13
16 3
37 54
22 Number of
Unds
ll The number of 1upport traders 13 unhkety to increase m the near future according to the Ch1et of Police 2010
41 424
2 _514
43 938
ExrstJng Standard
Personnel per
1K Persons Served
11 08
1 7
Ealnnated Cast
e-rUrut
$32515
$15 000
$15 000
NIA
$3 500
$4000
$500
Future
Penoons S•rved
7377
662
8039
PreferTOd Standard
PersonnaJ per
1K Pe,..ons Served
1 5
06 21
Total
Cost
$1197 984
$191 306
$246 609
NIA
$128311
$215 396
s11 ooo
$1 990 606
$35 899
$554li
Estimated cost Total
DitrUnrt Cost
$5 000 $36 174
s20 ooo _____ "•s.,o'-'oo=-o $96 174
$8039
$1196
3/ Measure P will fund the purchase of MDTs tor existing City vehicles and the m111ntenancc of terminals but not the purchase of MDTs for future veh1des Sources C,ty of L<m 8an0$ Los Banos Police Department
264
I
I
~--
Development Assumptions
Resident Populat10n
Employee Resident Equivalent Populanon 1/
Total Persons Served
Pohce Station Fac1llbes Cost pet Person Served
Anmal Control Faaht,as Cost per Person S81Ved
Vehicles and Equipment Cost per Person Served
Add1honal Equipment Cost per Person served
Pobc:e Cost per Future Person Served
Fee Catcu•at1on
~
Very•Low/low Density
Medium Density
H1ghl>eosrty
Non:BeSldenhal
Commemal
Oll!ee
Industrial
Table A-3c
Pohce Fee
Year
1/ 1 O employee equals approx1mateJy O 24 residents for purposes of th,s calculat1on Sow.;es City of Los Banos Los Banos Pobce Department
20(ll;
34048
1 852
35899
Persons per
Household
373
307
221
Sq Ft per
Emolovee
436
290
622
·-
Future
2010 Persons Served
41424 7 377
2514 662
43938 8039
I
$443 99
$9006
$5545
$1196
$60145
Cost per lmpaetFee
Future Person - unrt
$60145 $2,243 96
$60145 $184536
$601 45 $1,328 66
Cost per lmpaGtFee
Future Empltwee POrSa Fl
$143 20 $033
$143 20 $050
$143 20 S024
265
Table A-4a
Summary of Fire Protection Costs
Fire Station CAAIS
~
Cost or Land per Sq Ft
Number of Acres Required for New Station
Subtotal
Eac•lrt:tCom
Cost or New Station per Square Foot
!lumber or Square Feet Reqwed for New Stal>on
Subtotal
Cost
~
of Safety Gear and Unllbm, per Fore F ,ghter
Number of Fwe Fighters
Subtotal
~
One New Engine
Equipment for Engone
One Rescue Uort
Equipment for Rescue Unrt
Office Equipment
Training and Day Room Equipment
Sleeping Quarters
Kitchen Supplies
Subtotal
cost per Fire Station (mcludmg equipment)
Number of Fore Stallons Needed to Serve Future Development Total Fne Stations Cost
Add1t1onal Facdrttes
Compute< Aided Dispatch
Mobile Data Terminals
Add1bonal Apparatus Storage Budding at Staber, One
Turnout Room at Stabon One
Radio System Improvements
Trarn"'ll Tower Steel
Command Vehicle
Subtotal
Facrhbes Cost SummaD'
Fore Stations Cost
Addtbonal Fe.ahties Cost
Net Frre Protection Cost Allocated to Future Development 1/ Equals future developments proporuonate share of the cost of these fac1hbes Sources City of Los Banos Lo! Banos Fire Deparl.ment
Total
Cost
$50 000
$90 000
$65 000
$15 000
$35 000
$1305000
$45000
,Y. Attributable to
New Developnent 1/
45%
45%
45%
45%
45%
45%
100%
$8 50
$370 260
$300
3500
$1 oso 000
$3500
6 $21 000
$340 000
$45000
$260000
$45000
$10000
$4500
$6000
$5000
$715500
$2156 760
3 $6,470280
Cost Altnbuted to
New Development
$22451
$40412
$29187
$6735
$15716
$585 979
~5000
$745,480
$6 470 260
$745480
$7,215,760
266
Development AssumQbons
.Rwllwllla!
Ve,y-Low/Low Dens11Y
Med ,um De ns !ly
11 High Dens,ly
Subtotal
I Non-Ras1denhal
Commercial
Office
lndustnal
Subtotal
I New Bu1ldtng Square Footage at Buddout
I Net Fire Protacbon Cost
I Fire Protection Cost per Bu1ld1ng Square Foot
I fee Calculation
l ~
I Very-Low/Low Density
Medium Densrty
HoghDensoly
I
I
Non~es1dent1al
Commeraal
Office
lndustnal
Soun;e City of Los Banos
Table A-4b
Frre Protection Fee
Units
4510
2591
1130
8230
Acres
622
26 7
2662
3550
Average Building
Souare Footaae
2500
2000
1200
Average Bulldmg
S uare Foota
2500
2000
1200
- Aoor-to Area Rabo
!FAR!
025
030
030
-
Coat per Buddrng
Sauare Foot
$032
$032
$032
-
Total Buoldmg 11
S uare Foota e 1/ 11274 075
5182 065
1355 605
17 811745 I
Total Budding
~ are Footage
676 858
348 316
3 478594
4,503768
22,315,513
$7 215 760
$0 32
Impact Fee
oerUnrt
$800 00
$640 00
$38400
Impact Fee
-s.. Ft
$032
$032
S032
267
TableA-5
Park Improvement Fee
- ---
I
I
Development Asaumohons
New Future
Year 2006 2020 Resudents
Resident Populalton 34 048 61318 27270
Facdthes AssumQfloo$
General Plan
Standards
Pads Standards ~ f!r1 OOOResidents)
Neighborhood Par1<s 150
Communrty Parlcs 350
Regional Pam - Total 500
fwk tmprpyemoots
Neighborhood Park Improvement Cost per Acre $300000
Community Park Improvement Cost per Acre $310000
Addlllonal Neighborhood Park Acreage Requned at Butldout (based on G P Standards) 40 91 Addlllonal Community Park Acreage Required al Bu1ldout (based on G P Standards) 9545 Total Addibonal Park Acreage Required at Buildout (based on G P Standards) 13635 Total Neighborhood Pan< Improvement Cost $12271616
Total Community Park Improvement Cost 129588229
Total Park Improvement Coal $41859845
Recreabonal Faahhes
Aquatic Center $5 800000
Propol1looal Allocabon based on Resident Populallon of Aquallc Center Cost I Amount Allocated to Existing Development $3 220 534
Amount.Allocated to Future Development $2579466
Pat!< lmpro11emenl Cost per Future Resident $153500
Land Acqu1sltlon Cost per Future Resident 1/ $0
Recreabonal Fac!lltles Cost per Future Resident $95
Total Park Improvement Cost per Future Resident $1,629 59 Fee Calculation
~
PIJSOfl8 per Cost per Impact fee
Household Future Person per Unit
Very-Low/Low Densrty 373 $162959 $6,07984
Medium Densrty 307 $162959 $4,99987
High Density 221 $162959 $359991
"'
1/ Land costs are not mcluded as land may be dedicated or acquired with park in~ieu lees Sources C,ty of Los Banos C,ty of Los Banos Pat1cs Deparlmant Parle and Recreetton Master Plen 1999 Parle and Recreabon Needs Update 268
,11
I
I
I
Table A-6
Community Center Fee
Devj!lo11m11nl AssymetiQDli
Year 2006 2020
Resident Population 34048 61318
Employee Res1dent-Equ1valent Populabon 1/ 1 852 3,838
Total Persons Served 35,899 65,156
Fac1ht1es Assum111tons
Planned Community Center Bulldmg Space (sq fl )
Esbmated Bu1ld1ng ConstruciJon Cost per Sq Fl
Total Building Construction Cost
Gross Total Community Center Cost
Less EXJstmg Fund Balance
Net Total Community Center Cost
Proportlonal Allocabon, based on Total Persons Served, of Commumty Center Cost Amount Allocated to Exisbng Development
Amount Allocated to Future Development
Community Center Cost per Future Person Served
Fee Calcylabon
Persons per Cost per
Res1den1tal Household Future Person
Very-Low/Low Density 3 73 $9380
Medium Density 3 07 $93 BO
High Densrty 221 $93 80
Sq Ft per Cost per
Non-Res1dent1al Emplovee Future Emolovee
Commercial 436 $2233
Office 290 $22 33
lndustnal 622 $2233
1/ 1 O employee equals approximately O 24 residents for purposes of this calculat1on Soun:e City of Los Banos
New Future
Residents
27,270
1,987
29,257
22000
$278
$6,116,000
$6,116,000
($41225)
$6,111,775
$3,367,431
$2,744,344
$9380
Impact Fee
cerUmt
$34997
$287 B1
I $20722
Impact Fee
oerSa Ft
$0 06
$0 08
$0 04
269
Ii
I
I
1:!evelo11ment A!!Sl!!Dl!ll!![!S
Resident Populabon
Employee Res1dent-Equ1valent Population 1/
Total Persons Served
fac,httes Assumot1ons
Ex,sbng City Hall Land Area including Annex ( sq ft )
Table A-7
City Hall Fee
Year 2006
34048
1,852
35,899
Exisbng City Hall Land Area 1nciud1ng Annex, per Person Served (sq ft ) Estimated land Acqu1s1bon Cost per Sq Ft
Esbmated Land Acqu1s1t1on Cost per Persoh Served
Current City Hall Building Space, including Annex (sq fl ) Current City Hall Bulldmg Space, including Annex per Persons Served (sq ft ) 2020
61 318
3 838
65,156
Esbmated Building Constructmn Cost, including furniture, fixtures and equipment per Sq Ft Estimated Budding Construction Cost per Person Served
City Hall Cost per Future Person Served
Fee Calcutat100
Persons per Cost per
Res,denual Household Future Person
Very-Low/Low Density 3 73 $231 67
Medium Density 307 $231 67
High Dens,ty 221 $231 67
Sq Ft per Cost per
Non-Res1denual EmPlovee Future Employee
Commercial 436 $5516
Office 290 $5516
lndustnal 622 $5516
1/ 1 0 employee equals approXlmately 0 24 residents for purposes ofth1s calculabon Source C,ty of Los Banos
New Future
Residents
27270
1,987
29,257
52,509
146
$1500
$2194
19 355
054
$389
$209 73
$231 67
Impact Fee
Per Unit
$864 34
$710 80
$511 78
Impact Fee
per So Ft
$013
$019
so 09 I
270
Development Assumptions
Table A-8
Corporation Yard Fee
==n
New Future
Year 2020 - - ----~2~0~0~6- -----~='------ Residents
Resident Population
Employee Res,dent-Equovalenl Populabon 1 /
Total Persons Served
Facrhbes Assumohons
Planned Corporatton Yard
Land Area (acres)
Office Space (sq It)
Land Area (acres) Expected to Serve the Exlsbng Fleet
Office Space (sq ft ) Expected to Serve the Ex1sbng Fleet Land Area (acres) Expected to Serve Future Development
Office Space (sq ft) Expected to Serve Future Development Estimated Cost of Office Space at $200 per Sq Ft
Esbmated Cost of Shop Buddong/Speaahzed Covered Space
Esbmated Cost of Land Acqu1sit1on
Total Esbmated Cost
Future Development's Share of the Estimated Cost of Office Space 34 048 61 318
1 852 3 838
35,899 65,156
Future Development's Share of the Esbmated Cost of Shop Bulld1ng/Spec1ahzed Covered Space Future Developments Share of the Estimated Cost of Land Acqu1smon Future Development's Share of the Total Estimated Cost
Planned Corporabon Yard Cost per Future Person Served
Fee Calculat,on
Persons per Cost per
ReSJdenbal Household Future Person
Very-Low/Low Densoty 3 73 $8135
Medium Densrty 3 07 $81 35
High Density 221 $8135
Sq Ft per Cost per
Non-Res1dent1al Emolovee Future Emotovee
Commere1al 436 $1937
Office 290 $19 37
lndustnal 622 $19 37
1/ 1 0 employee equals approXJmately O 24 residents for purposes of this calculation Soun;e City of Los Banos
27,270
1,987
29,257
I
5 3200
25 2200
25 1 ODO
$640 000
$2 B60,000
$11500.000
I $5 000 000
$200 000 I
$1430000
$750 000
$2,380 000
$8135
Impact Fee II
perUmt
$303 51
$249 60
$179 71
Impact Fee
perSq Ft
$0 05
$0 07
$0 04
271
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272
RESOLUTION NO. 5119
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS ADJUSTING THE
DEVELOPMENT IMPACT FEES BASED ON THE
NEW ENGINEERING RECORD CONSTRUCTION
COST INDEX FOR 2009
WHEREAS, the City has adopted development impact fees by resolutions 4083, 4163, and 4786 for capital facIhtIes related to new development, and WHEREAS, each of the foregoing resolutions provide for an annual adJustment to account for construction cost increases, and
WHEREAS, he foregoing resolutions provide that the basis for the annual adjustments be the National Average Construction Cost Index for the prior year as published in the Engineering New Record, and
WHEREAS, the City has conducted a noticed pubhc heanng
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby by the City Council of Los Banos finds that the National Average Construction Cost Index from October 2007 to October 2008 as ,twas published m the Engmeenng New Record and It has been calculated at a 7 2% increase, NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Los Banos that ,t does hereby adJust the aforementioned development impact fees as set forth in Exh1b1t A-1, A-2, and A-3 attached hereto to take effect on May 4, 2009
The foregoing Resolution was introduced at a regular meeting of the City Council of the Crty of Los Banos held on the 4th day of March 2009, by Council Member Stone who moved ,ts adoption, which motion was duly seconded by Council Member Sousa and the Resolution adopted by the following vote
AYES
NOES
ABSENT
ATTEST
Council Members Fana, Sousa, Stone, Villalta, Mayor Jones None
None
APPROVED
~
Lucille
c;d4
L Mallonee,
~ ~ City Clerk
273
THIS PAGE IS INTENTIONALLY LEFT BLANK
274
Type of Develooment
Per dwellmg unit
Very Low/ Low Density
Medium Density
High Density
Per square ft
Cornmerctal
Office
lndustnal
ExhibitA-1
2009 Adusted Development Impact Fees
(~ ;f.4786 adopled on 10i04/2006 efleCIMlllale 12/0312006) Park Community Corporabon
Police Fn Center Yard
2,55919 91239 6,93395 39913 3"615
2,104.60 72991 5,70226 32824 28466
1,51531 43794 4,10563 23633 20498
- - - - - 038 036 - 007 006
057 036 - 009 008
027 036 - 005 005
3%Adnun
Cltv Hal Fee
98676 36410
81065 29881
58368 21252
- - 015 003
022 004
010 002
275
ExhtbltA-2
2009 Water Development Fees
(Resolutlon 4163 adopted on 12/20/2000)
C0RJ.l'ecb<lri:S , ;~e-:'- , .. , ... ., .. "t.: .. , 'i .... <.: liee ~;~./; 1-t,... 3/4" -1" 3,12713
11/2" 9,22542
2" 19,856 59
3" 58,54024
4" 12608560
I;,-- ,_
276
ExhibltA-3
2009 Public Facilities Fee
(~•4083 adopled 01/DSl2000)
Stngle Famly o.lling
Mulb-Fandy Dwelling
Coi11neraal Use*
Industrial Use"'
•per~ uni@43~ 111111a peraae of use
562
562
562
562
2009 Storm Drainage Impact Fee
(~#14083 adapled 01/05/2000)
Single Family Dwelling
Mulb-Famdy Dwellmg
Commercial Use"'
lndustnal Use•
per~ ri@ 4 3 dweln!, uru1s per
aaeofuse
2249
2249
2249
2249
2009 Wastewater Development Fees* ~ #14083 adapled 01/05/2000) ~.,...~ Ssigle Family Readenllal 5,420 00
• set by an escalallon factor independent of ant other factor to mallllaln pantyrn lhe payment of Cenlftc:al86 of ParllapalJon IS$U8d by the Clly, set ID Reeokmon 4083
2009 Park Development Impact Fees
(R~#4083adopled01/05'2000)
Very Low Density
Low Density
MedlWn Densd:y
H
5,89728
5,29043
4,34803
3,13035
277
Traffic
Use
Single Fantly Dwellng
Fast.Food
Super market
Office BUIiding
Light Industrial
lndustnal
Use
lnd,-trlal
LlghtlnduStnal
Heavy lndustnal
lndustnal Park
Manufactunng
Warehousing
Mmi-warehousma
Use
Rnjdenbal
Single Family
Apartment
Condomlmum
Mobile Home Park
Retirement Community
Use
Lm!ai!!ll
Hotel
Bustness Hotel
Motel
Use
bcrNl!onal
Golf Course
Movie Theatre
Racquet Club
Use
Institutional
Elementary School
High School
Church
Day care Center
llbralV
USe
Ml5lia!
Hospital
Nununa Home
Srze
,800
3,500
50,000
80,000
100,000
200000
- Srze
100,000
200,000
200,000
80,000
200,000
80000
Srze
Size
Srze
SIZ'S
n/a
n/a
n/a
n/a
n/a
120
80 120
18 1,400
50000
1,000
2,500
7,500
3,500
15.000
Exhibit A - 3 Conllnued)
2009 Traffic Impact Fees
{RasollAlon • 4083 adopted 01/05/2000)
Unit
dwelhng
1,000
1,000
1,000
1,000
1000
Umt
1,000
1,000
1,000
1,000
1,000
1000
Unit
1 1
1 1
1 Unit
room
room
room
Unit
hole
seat
1000
Umt
student
student
1,000
1,000
1000
EDU/Umt
100
505
185
178
091
018
EDU/Urut
091
018
085
070
047
0.15 EDU/Umt
100
061
053
055
027
EOU/Und
055
042
043
EDU/Unit
347
005
082
EDU/Unit
001
012
046
387
493
Fee
3,38085
59,74759
312,68310
361,02156
307,61253
12169240
Fee
307,61253
121,69240
574,66046
189,29959
317,75368
4056461
Fee
3,38085
2,06225
1,79094
1,85982
91234
Fee
223,10388
113,579 75
174,42665
Fee
211,13806
236,62588
138.59255
Fee
33,80430
1,014,107 94
11,66218
45,78699
2499TT79
Feel ft
188
1707
625
602
308
061
Fee /SQ ft
308
061
287
237
159
051
Fee /IQ ft
n/a
nla
n/a
n/a
n/a
Fee/room
1,85920
1,419 75
145356
Fee
11,729 89
16902
2n
Fee
3380
40564
155
1308
1667
Size Unit EDU / Unit Fee Fee Jbed
250 bed O 90 760,582 01 3,042 33
200 bed 1 50 101,411 50 507 06
278
Exhibit A • 3 Continued)
2009 Traffic Impact Fffl {continued)
Use Srze Unit EDU/Unit Fee Fee/94 ft
Office
0 - 50,000 sq ft 7,500 1,000 251 63,63592 848
50,001 -100,000 sq ft 70,000 1,000 178 421,19228 602
100,001 • 150,000 sq ft 130,000 1,000 153 672,35372 517 150,001 - 200,000 sq ft 170,000 1,000 141 810,271 39 4n 200,001 - 300,000 sq ft 240,000 1,000 129 1,046,55849 436 Medical - Dental Office 7500 1000 284 72.00160 960
Use Size Unit EDU/Unit Fee Fee /sll ft
R-11:s.._
Budding Materials
0 - 20,000 sq ft 10,000 1,000 049 16,56407 166
Over 20,001 sq ft 30,000 1,000 035 35,49403 118
Specially Center 10,000 1,000 144 48,sn24 487
Otscount Store 10,000 1,000 086 29,07111 291
Hardware Store 6,000 1,000 054 10,95227 183
Nursery 2,500 1,000 046 3,88693 155
Shopping Center - less than 100,000 sq ft 80,000 1,000 110 297,471 38 372 100,001 • 200,000 sq ft 140,000 1,000 1 04 492,180 33 352 200,001 • 500,000 sq ft 300,000 1,000 126 1,2n,n502 426 500,001 - 1 mdhon sq ft 750,000 1,000 132 3,346,554 08 446 Quality Restaurant 6,000 1,000 292 59,22325 987
High Turnover Restaurant 3,500 1,000 311 36,79576 10 51 Fast Food w/o dnve thru 3,000 1,000 431 43,707 88 1457
Fast Food with dnve thru 3,000 1,000 505 51,21182 1707
New Car Sales 10,000 1,000 1 01 34,14168 341
Automotive Parts Sales 5,000 1,000 154 26,02904 521
Gasoline/ Service Station 8 stabon 110 29,74728 3,71841 Gasoline I Serv /Conv 16 stabon 1 01 54,626 41 3,41415
Tire Store 7,500 1,000 144 36,50758 487
Super Market 35,000 1,000 185 218,87817 625
Convenience Mar1c:et 24 hr 3,500 1,000 351 41,527 55 1187 Convenience Mar1c:et < 24 h 3,500 1,000 226 26,73895 764 Convenience w Gas PumPE 3,500 1,000 396 46,85116 1339
Otscount Club 60,000 1,000 137 2n.ee525 463
Electronic Superstore 15,000 1,000 155 78,593 21 524
Pharmacy I Drug no dnve tt 15,000 1,000 133 67,438 50 450 Pharmacy / Drug w dnve tht 15,000 1,000 182 92,28390 615 Fumiture Store 10,000 1,000 025 8,45143 085
Walk in Bank 7,500 1,000 809 205,10314 2735
Dnve in Bank 7500 1,000 989 250738 31 3343
279
Exhibit A - 3 Conbnuecl)
2009 Police Impact Fees
(Resolullon t# 4083 adopted 01f05/2000)
Pl 01ce 11noa1 ct F ee b •v Deta I led U ses ... . ~Tf!:,; __ . -~--- Single Family Dwelling n/a dwelling 100 1,14569 n/a Fast Food 3,500 1,000 505 3,42444 0978
Super market 50,000 1,000 185 17,917 81 0358
Office Bu1ld1ng 7,500 1,000 251 3,84654 0486
Light lndustnal 100,000 1,000 091 17,62682 0176
Heaw lndustnal 200000 1,000 018 697397 0035
~~-= ~.--~,,,,~~,~~~ - "'"""Mf - - ,.:/·~tt ... -~ ~ ' • lndustnal Light lndustnal 100,000 1,000 091 17,626 82 0176
Heavy lndustnal 200,000 1,000 018 6,97397 0035
lndustnal Park 200,000 1,000 085 32,92992 0165
Manufactunng 80,000 1,000 070 10,846 83 0136
Warehousing 200,000 1,000 047 18,208 81 0091
M1nr-warehous1na 80000 1000 015 2 32512 0029
~ T.:~ ~-:;.
Res1df!D111I
Single Family n/a 1 1 00 1,145 69 n/a
Apartment n/a 1 061 69866 n/a
Condominium n/a 1 053 60729 nta
Mobile Home Park n/a 1 055 62978 n/a
Retirement Commun, n/a 1 027 30927 nta
L&mmml
Hotel 38,016 sq ft 055 4,04999 0107
Business Hotel 25,344 sq ft 042 2,06225 0081
Motel 38,016 SQ ft 043 316718 0083
I .. ... ~ ~-..: .r BGreatim11I
Golf Course 5,000 sq ft 347 3,36118 0672
MoVle Theatre 15,000 1,000 110 3,19669 0213
R...-.nuet Club 50000 1000 082 7.94254 0159
lnatrtubonal
Elementary School 1,000 student 0 01 n/a nta
Hrgh School 2,500 student 012 n/a n/a
Church 7,500 1,000 046 66773 0089
Day Care Center 3,500 1,000 387 2,62315 0749
Libra 15,000 1000 493 n/a n/a
ll!dlS!
Hospital 120,000 sq ft 090 20,920 51 0174
Nursing Home 62,400 sq ft 015 1,81342 0029
Conareaate Care 65000 SQ ft 007 88141 0014
---------. ......... _________ _
280
Exhibit A - 3 Conbnued)
2009 Police Impact Fees (continued)
••--V .... ~"tJ..I.J_~....._ ~ " - Office
0 - 50,000 sq ft 5,000 1,000 251 2,43055 0486
20,000 1,000 251 9,72364 0486
50,001 -100,000 sq ft 70,000 1,000 178 24,13548 0345
100,001 -150,000 sq ft 130,000 1,000 153 38,52765 0296
150,001 • 200,000 sq ft 170,000 1,000 1 41 46,43083 0273 200,001 • 300,000 sq ft 240,000 1,000 129 59,97111 0250 Medical - Dental Office 7500 1000 251 364654 0486
~i;:r-~w ' .: 1::c.u,-:: . • , . ........ ~ ... ;.-, -"" - Retail Sa"'
Bu1ld1ng Matenals
0 • 20,000 sq ft 10,000 1,000 049 94889 0095
Over 20,001 sq ft 30,000 1,000 035 2,03413 0068
Specialty Center 10,000 1,000 144 2,78902 0279
DISCOUnt Store 10,000 1,000 086 1,665 83 0167
Hardware Store 6,000 1,000 054 62697 0104
Nursery 2,500 1,000 046 22211 0089
Shopping Center - less than 100,000 sq ft 80,000 1,000 110 17,04625 0213 100,001 • 200,000 sq ft 140,000 1,000 104 28,203 75 0201 200,001 - 500,000 sq ft 300,000 1,000 126 73,220 39 0244 500,001 -1 mdl1on sq ft 750,000 1,000 132 191,76810 0256 Quality Restaurant 6,000 1,000 292 3,393 51 0566
High Turnover Restaurant 3,500 1,000 311 2,10863 0602
Fast Food w/o dnve thru 3,000 1,000 4 31 2,50506 0835
Fast Food with dnve thru 3,000 1,000 505 2,93523 0978
New Car Sales 10,000 1,000 1 01 1,95662 0196
Automotive Parts Sales 5,000 1,000 154 1,49152 0298
Gasoline / SeMce Station 2,500 1,000 110 1,21598 0486
Gasoline / Seiv /Conv 2,500 1,000 1 01 2,44602 0978
Tire Store 7,500 1,000 144 2,09177 0279
Super Market 35,000 1,000 185 12,54219 0358
Convenience Market 24 hr 3,500 1,000 351 3,42444 0978
Convenience Market< 24 hr 3,500 1,000 226 3,42444 0978
conven1enoe w Gas Pumps 3,500 1,000 396 3,42444 0978
DrscountClub 60,000 1,000 137 15,923 04 0265
Electronic Superstore 15,000 1,000 155 4,50405 0300
Pharmacy I Drug no dnve thru 15,000 1,000 1 33 3,86443 0258 Pharmacy I Drug w dnve thru 15,000 1,000 182 5,28847 0353 Fumrture Store 10,000 1,000 025 48359 0048
Walkrn Bank 7,500 1,000 8 09 11,75355 1567
Dnve rn Bank 7500 1 000 989 14,36826 1 916
----------------------------------------------------·-- 281
Exlulnt A - 3 Continued)
Fire
2009 Fire Impact Fees
(RescUon•4083 adopted01~)
DetalledUses
Use
Single Fandy Dwelmg
Fast.Food
Super market
Office Budchng
Light lnduslnal
lndustnal
Use .
lm!uatrial
Light lndustnal
Heavy lndustnal
lndustnal Park
Manufactunng
Warehousmg
MIR
Use
B•idential
Single Family
Apartment
Condomll'lllllll
Mobile Home Park
Retirement Commun,ty
Use
L.odaina
Hot.el
Business Hotel
Motel
Use
BecrNllonal
Golf Course
Movie Thealre
Racauet Club
Use ' .. Institutional
Elementary School
High School
Church
Day Care Center
Llbrarv
Use ·
M!disl!
Hospital
~ursmgHome
Care
.
Size
n/a
3,500
50,000
7,500
100,000
200000
HIOCI SIZ'e
100,000
200,000
200,000
80,000
200,000
80.000
Stze .
n/a
n/a
n/a
n/a
nla
&ze
38,016
25,344
38016
Size
5,000
15,000
50,000
Size
1,000
2,500
7,500
3,500
15000
Size
120,000
62,400
65000
Umt
dwelling
1,000
1,000
1,000
1,000
1000
Umt
1,000
1,000
1,000
1,000
1,000
1000
Unit
1 1
1 1
1 lJmt
sq ft
sq ft
SQ ft
Unit •
sq ft
1,000
1000
Unit
student
student
1,000
1,000
1000
Unit
sq ft
sq ft
SQ ft
EDU/Umt
100
505
185
251
091
018
EDU/Umt
091
018
085
070
047
015
EDU/Unit
100
061
053
055
027
EDU/Unit
055
042
043
EDU/Unit
347
110
082
EDU/Unit
001
012
046
387
493
EDU/Unit
090
015
007
Fee
1,21317
4,61230
24,136.90
4,91172
23,74610
939328
Fee
23,74610
9,39328
44,36015
14,61287
24,52910
313063
Fee
1,21317
73943
64244
66773
35112
Fee
5,45575
2,77778
4,28508
Fee
4,52796
4,30585
1069924
Fee
n/a
n/a
89968
3,53407
n/a
Fee
28,18127
2,44180
1,187 87
Fee ft.
n/a
1318
0483
0655
0237
0047
Fee ,_ ft.
0237
0047
0222
0183
0123
0039
Fee /!11:J ft.
n/a
n/a
n/a
n/a
n/a
Fee 1&0 ft.
0144
0110
0112
Fee
0906
0287
0214
Fee
n/a
n/a
0120
1 010
n/a
FeeJbed
0235
0039
0018
282
Exhibit A - 3 Continued)
2009 Fire Impact Fees (continued)
Use Sm, Unit EDU/Unit Fee Fee 1sn. fl
Q!!iet
0 - 50,000 sq ft 5,000 1,000 251 3,27541 0655
20,000 1,000 251 13,09887 0655
50,001 • 100,000 sq ft 70,000 1,000 178 32,51381 0484
100,001 - 150,000 sq ft 130,000 1,000 153 51,90064 0399 150,001 - 200,000 sq ft 170,000 1,000 141 62,547 87 0368 200,001 - 300,000 sq ft 240,000 1,000 129 80,78760 0337 Medical - Dental Office 7500 1000 251 491172 0655
Use Size Unit EDU/Unit Fee Fae _, fl
Rttlillfln
Building lllltanala0-20,000 sq ft 10,000 1,000 049 1,27924 0128 Over 20,001 sq ft 30,000 1,000 035 2,73983 0091
Specially Center 10,000 1,000 144 3,75760 0376
DISCOunt Store 10,000 1,000 086 2,24359 0224
Hardware Store 6,000 1,000 054 84486 0141
Nurse,y 2,500 1,000 046 29943 0120
Shopping Center - less than 100,000 sq ft 80,000 1,000 110 22,96308 0287 100,001 - 200,000 sq ft 140,000 1,000 104 37,99346 0271 200,001 - 500,000 sq ft 300,000 1,000 126 98,63512 0329 500,001 - 1 million sq ft 750,000 1,000 132 258,33082 0344 Quality Restaurant 6,000 1,000 292 4,57153 0762
High Turnover Restaurant 3,500 1,000 311 2,84104 0812
Fast Food w/o dnve thru 3,000 1,000 431 3,37382 1125
Fast Food with dnve thru 3,000 1,000 505 3,95300 1318
New Car Sales 10,000 1,000 1 01 2,63580 0264
•--···--e Parts Sales 5,000 1,000 154 2,00882 0402
Gasoline/ SeMce Stabon 2,500 1,000 110 1,63771 0655
Gasoline / Serv /Conv 2,500 1,000 1 01 3,29370 1317
Tire Store 7,500 1,000 144 2,81855 0376
Super Market 35,000 1,000 185 16,89582 0483
Convenience Market 24 hr 3,500 1,000 351 4,612 30 1318
Convernence Market< 24 hr 3,500 1,000 226 4,61230 1 318 Converuenoe w Gas Pumps 3,500 1,000 396 4,61230 1 318
OIIICOUnt Club 80,000 1,000 137 21,44909 0357
Electromc Superstore 15,000 1,000 155 6,06726 0404
Pharmacy I Drug no dnve lhru 15,000 1,000 133 5,20553 0347 Pharmacy/ Drug w dnve lhru 15,000 1,000 182 7,122 98 0475 Fumdure Store 10,000 1,000 025 65228 0065
Walkm Bank 7,500 1,000 809 15,833 07 2111
Dnve in Bank 7500 1.000 989 19 355 90 2581
283
THIS PAGE IS INTENTIONALLY LEFT BLANK
284
RESOLUTION NO. 6163
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS ADOPTING A
DEVELOPMENT. IMPACT FEE JUSTIFICATION
STUDY FOR THE CITY OF LOS BANOS AND
REVISING DEVELOPMENT IMPACT FEES FOR
ALL DEVELOPMENT WITHIN THE CITY OF LOS
BANOS
WHEREAS, the Land Use Element of the City of Los Banos' (hereinafter "City") 2030 General Plan update "requires new development to pay its proportionate share of the costs of public infrastructure, services, and transportation facilities. This shall include parks, fire, and police stations, schools, utilities, roads, and other needed infrastructure"; and WHEREAS, to help finance needed public facilities within the City, the City has adopted Ordinances to establish appropriate development impact fees pursuant to Government Code sections 66000 et seq; and
WHEREAS, the City has not updated or revised its development impact fee program since October of 2006; and
WHEREAS, in accordance with policies established in the 2030 General Plan update, staff has taken steps to conduct a comprehensive review of the City's development impact fees to determine whether those fees are adequate to defray the cost of public facilities related to the development project; and
WHEREAS, DTA (previously known as David Taussig & Associates, Inc.) was engaged by the City to prepare an updated AB 1600 Fee Justification Study; WHEREAS, as a part of the update effort the City has held a number of stakeholder's workshops attended by interested community members and the development community; and
WHEREAS, DT A. has prepared a report, entitled Development Impact Fee Justification Study, dated December 31, 2019, attached to this Resolution as Exhibit "A", attached hereto and incorporated herein by this reference, that calculates the maximum fee levels that may be imposed on new development and sets forth the nexus/basis for the imposition of the fees on new development; and
WHEREAS, the Development Impact Fee Justification Study has been available for public review and comment; and
WHEREAS, the City has 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 January 15, 2020, in accordance with applicable public notice, to review and consider the Development Impact Fee Justification Study, and the updated Development Impact Fee Schedule.
NOW, THEREFORE, in accordance with the provisions of the California Government Code section 66000 et seq., the City Council of the City of Los Banos, after review of the record and consideration of all testimony and evidence presented at the public hearing, hereby finds, declares, and resolves as follows:
SECTION 1. Findings pursuant to California Government Code section 66001.
The City Council using its independent judgment finds and determines that the Development Impact Fee Justification Study prepared by OTA and dated December 31, 2019, complies with California Government Code section 66001 by establishing the basis for the imposition of fees on new development in that the Development Impact Fee Justification Study:
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(a) Identifies the purpose of the fee;
(b) Identifies the use and the public facilities to which the fee will be put; (c) Shows a reasonable relationship between the use of the fee and the type of development project on which the fee is imposed;
(d) Demonstrates a reasonable relationship between the need for the public facilities and the type of development projects on which the fee is imposed; and (e) Demonstrates a reasonable relationship between the amount of the fee and the cost of the public facilities or portion of the public facilities attributable to the development on which the fee is imposed.
SECTION 2. CEQA Finding. The adoption of this Resolution does not propose any changes to City policies or regulations that would result in a direct or indirect physical environmental impact; therefore it has been determined that the adoption of this Resolution is covered by the general rule that the California Environmental Quality Act applies only to projects which have the potential for causing a significant effect on the environment pursuant to CEQA guidelines section 15061 (b)(3) and is not subject to environmental review. Alternatively, the adoption of this Resolution contemplated as a subsequent implementation measure to address impacts on public facilities contemplated in the Los Banos 2030 General Plan Program Environmental Impact Report (SCH #2006121055)("GP Program EIR") and the Los Banos General Plan Land Resources Amendment Subsequent EIR (SCH #2016051033)("GPA SEIR"), and are generally consistent with the anticipated public facilities contemplated in the GP Program EIR/GPA SEIR; therefore it has been determined that this Resolution falls within the scope of the project covered by the GP Program EIR/GP SEIR pursuant to CEQA guidelines section 15162 and is not subject to further environmental review.
SECTION 3. Adoption of Development Impact Fee Justification Study. The Development Impact Fee Justification Study attached hereto as Exhibit "A" is hereby approved and adopted.
SECTION 4. Adoption of Development Impact Fees. The Development Impact Fee Schedule attached hereto as Exhibit "B" is hereby approved and adopted. The amount of the development impact fees shall be modified annually each July 1 based on the change in the Engin~ring News Record's construction cost index as reported for the twelve-month period ending jn April of each year.
SECTION 5. Deposit of Fees. The Development Impact Fees collected shall be placed in an individual interest bearing account, or multiple accounts, established for the purpose of tracking the fee revenue and expenses separately.
SECTION 6. Fees for Uses Consistent with the Study. The fees collected pursuant to this Resolution shall be used to finance the public facilities described or identified in the Development Impact Fee Justification Study, or on (any) facility which serves a similar function and purpose as those facilities identified on the Study.
SECTIO . General Plan Consistency. The City Council finds that the projects and fee methodology identified in the Development Impact Fee Justification Study are consistent with the City's General Plan.
SECTION 8. Imposition and Payment of Fee. Development impact fees shall be imposed upon the issuance of any development permit and shall be paid prior to issuance of any certificate of occupancy for the project, or at such earlier time as permitted by Government Code Section 66007. A "development permit" means any permit or approval from the City, including, but not limited to, a development plan, conditional use permit, tentative subdivision map, parcel map, building permit, or other permit for construction or reconstruction.
SECTION 9. Application of Fee to Pending Projects. The fee amounts adopted by this Resolution shall become effective sixty (60) days from the date of adoption of this Resolution. An application for any development permit that (1) has been received by the City prior to the effective date of this Resolution, and (2) has been deemed complete by the 2 286
City's Community and Economic Director prior to the effective date of this Resolution, shall be subject to the fees that applied prior to the effective date of this Resolution.
SECTION 10. Reimbursements.
(a) Development Impact Fee reimbursements will be available to developers who fund construction of eligible Facilities. The City shall determine which Facilities will be eligible for developers to construct. Facilities must meet City standards for acquisition projects in order to be eligible for Development Impact Fee reimbursements. Developers will be responsible for complying with all applicable laws, codes, and regulations relating to contracting and construction procedures for publicly funded public works projects. (b) Developers will be eligible for Development Impact Fee reimbursements up to one (100%) percent of the applicable Development Impact Fees. Fee reimbursements will be available for the Facility cost up to the lesser of (1) the cost shown in the Nexus Study and (2) actual construction cost of the eligible Facilities. Development Impact Fee reimbursements will be adjusted annually in the same manner as the Development Impact Fees. The City, in its sole discretion, shall be responsible for determining the fee reimbursement amount.
(c) To obtain fee reimbursements, the Facilities must meet all City standards and criteria. The City maintains the flexibility to allocate fee reimbursements in a manner it chooses. ·
. (d) Additional reimbursements will be due to developers who finance Facilities in excess of their fair share of the cost of these Facilities. (e) To obtain reimbursements, developers must enter into a reimbursement agreement with the City. Reimbursements will be paid only after the City's acceptance of the Facilities. Reimbursements are an obligation payable only from the Development Impact Fee program funds and not an obligation of the City's general fund.
SECTION 11 . Effective Date. The fees provided in this resolution shall be effective sixty (60) days from the date of adoption of this resolution.
SECTION 12. Severability. The City Council hereby declares that should any one or more of the fees established by this Resolution or any portion of this Resolution be declared for any reason to be invalid, it is in the intent of the City Council that it would have adopted all other fees and portion of this Resolution independent of the elimination therefrom of any such fee or such portion as may be declared invalid.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the January 15, 2020, by City Council Member Lewis, who moved its adoption, which motion was duly seconded by City Council Member Jones, and the Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Council Members Johnson-Santos, Jones, Lewis, Mayor Villalta None
Council Member Faria
Lucille L. Mallonee, City Clerk
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DEVELOPMENT IMPACT FEE JUSTIFICATION STUDY
Dated December 31, 2019
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A DEVELOPMENT IMPACT FEE
JUSTIFICATION STUDY
PREPARED FOR:
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IN ASSOCIATION WITH:
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2055 Gateway Plaza, Suite 400
San Jose, California 95110
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TABLE
OF CONTENTS
ECTION
EXECUTIVE SUMMARY ....................................................................... 1 I INTRODUC'llON ........... _ ........................................................... 3
D LEGAL REQUIREMENTS TO JUSTIFY DEVELOPMENT
IMPACT FEES .............................................................................. 5 m DEMOGRAPHICS ....................................................................... 9 IV THE NEEDS LIST ...................................................................... 14 V ME11iODOLOGY USED TO CALCULATE FEES ................... 18 A. FIRE F ACIUTIES ............................................. 22
8. PoUCE FACJUTIES ••••.•••••..••••.•••••...•..••.•••...••• 25 C. PARK FACIUTIES ........................................... 28 D. WATER F ACIUTIES ··························--··--········ 32 E. SEWER FACILITIES ••••••••••••••••••••••••••••••••••••••••• 35 'F. Sro'RM DRAINAGE f ACIUTIES ••••••.••.••••••••••••• 39 G. l"RAFFJC FACnmES ....................................... 42 H. GENERAL GOVERNMENT FACIUTIES •••••••••••••• 45
VI SUMMARY OF FEES ................................................................. 48
APPENDICES
Appendix A: Fee Derivation Worksheets
Appendix 8: 2019 Needs ltst
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EXECUTNE SUMMARY
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In order to adequately plan for new development and identify the publtc facilities and costs associated with mitigating the direct and cumulative impacts of new development. OTA (previously lmown as David Taussig & Associates, Inc.) was engaged by the City of Los Banos (the ·etty") to prepare an updated AB 1600 Fee Justification Study (the ·Fee Study"). The Fee Study is intended to comply with Section 66000 et seq. of the Government Code, whtch was enaded by the State of California in 1987. by identifying additional public facilities required by new development (9Future Factlittes·) and determining the level of fees that may be imposed to pay the costs of the Future Facilities. The Future Facilities and associated construction costs are identified in the Needs List, which is included in Section IV of the Fee Study. A description of the methodology used to calculate the fees is included in Section V. All new development may be required to pay its ·tatr share· of the cost of the new infrastructure through this development fee program.
ORGANIZATION OF THE REPORT
Section I of this report provides an introduction to the Fee Study including a brief description of areas surrounding the City and background information on development fee financing. Section D provides an overview of the legal requirements for implementing and imposing the fee amounts identified in the Fee Study. Section m includes a discussion of projected new development and demand variables such as future population and employment, assuming current growth trends in housing, retail, office, industrial, and institutional development extrapolated through buildout in 2038. Projections of future development are based on data provided by the City of Los Banos and the California Department of Finance, Demographic Research Unit. Section IV includes a description of the Needs List, which identifies the facilities needed to serve new development through buildout in 2038 that are eligible for funding through the impad fee program. The Needs List provides the total estimated facilities costs, offsetting revenues, net costs to the City, and costs allocated to new development for all facilities listed in the Needs List. This list is a compilation of projeds and costs identified by various City departments. Section V discusses the findings required under the Mitigation Fee Act and requirements necessary to be satisfied when establishing, increasing, or imposing a fee as a condition of new development. and satisfies the nexus requirements for each facility included as part of this study. Section V also contains the description of the methodology used to determine the fees for all facility types. Finally, Section VI includes a summary of the proposed fees justified by this Fee Study. Appendix A includes the calculations used to determine the various fee levels.
IMPACT FEE SUMMARY
The total fee amounts required to finance new development's share of the costs of facilities identified in the Needs List are summarized in Table ES-1 on the following page. These ff!es refled the maximum fee levels that may be imposed on new development. ary ot Los Banos
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EXECUTIVE SUMMARY
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Table ES-1: City of Los Banos Development Impact Fee Summary Single family $1,258 $2,354 $7,028 $6,317 $4,847 $2.958 $1,304 $702 $803 $27,571 Multi-family $1,006 $1,883 $5,622 $5,054 $3,878 $2,367 $903 $562 $638 $21,913 Age Restricted $681 $1,274 $3,804 $3.419 $2.624 $1,601 $704 $380 $435 $14,923 Retail $717 $1,341 $0 $3,599 $2,762 $1,686 $6.495 $0 $498 $17.098 Office $S3B $1,006 $0 $2,700 $2,071 $1,264 $1,301 $0 $266 $9,146 Institutional $269 $503 $0 $1,350 $1,036 $632 $1,574 $0 $161 $5.524 Industrial $179 $335 $0 $900 $690 $421 $1,105 $0 $109 $3,740
EXEMPTIONS
California Government Code permits fee ·exemptions for affordable housing and senior housing at the discretion of local jurisdictions. Such fee exemptions are a policy matter that should be based on the consideration of the greater public good provided by the use exempted from the fee.
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SECTION I
INTRODUCTION
The City of Los Banos is a growing community with a current population of about 40,000.
Covering approximately 10 square mites of land in the western region of the San Joaquin Valley between San Francisco and Los Angeles, it is within a two-hour drive of Yosemite and Kings canyon National Parks, as well as the scenic Central Coast. The City also sits near the San Luis Reservoir, San Joaquin River, and Merced National Wildlife Refuges, and its location between Interstate-5 and Highway 99 positions the City at the crossroads of California.
In order to adequately plan for new development and identify the public facilities and costs associated with mitigating the direct and cumulative impacts of this new development, OTA was engaged by the City of Los Banos to prepare an updated AB 1600 Fee Justification Study. The Fee amounts to be determined will finance Citywide facilities at levels required by various City departments as being necessary to meet the needs of new development through 2038.
OTA is updating elements of the impact fee study prepared in 2006 by Goodwin Consulting, as well as a 2010 Goodwin Consulting update and a 1999 traffic mitigation fee report prepared by KD Anderson. Revised impact fees are calculated here using updated information on development and City facilities and are intended to replace the corresponding existing impact fee. Moreover, the methods used to calculate impact fees in this study are intended to satisfy all requirements governing such fees, including provisions of the U.S. Constitution, the california Constitution, and the California Mitigation Fee Act (Government Code Sections 66000 et seq.).
More specifically, the Fee Study is intended to comply with Section 66000 et seq. of the Government Code, which was enacted by the State of California in 1987, by 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.
Fee amounts have been determined that will finance facilities at levels identified by the various City departments as deemed necessary to meet the needs of new development The Future Facilities and associated construction costs are identified in the Needs List, which is included in Section IV of the Fee Study. All new development may be required to pay its ufair share· of the cost of the new infrastructure through the development impact fee program.
The fees are calculated to fund the cost of facilities needed to meet the needs of new development. The steps followed in the 'Fee Study include:
1. Demographic Assumptions: Identify future growth that represents the increased demand for facilities.
2.. Facility Needs and Costs: Identify the amount of public facilities required to support the new development and the costs of such facilities. Facilities costs and the Needs List are discussed in Section IV.
3. Cost Allocation:
methodology.
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INTRODUCTION
4. Fee Schedule: calculate the fee per residential untt or per non-residential square foot.
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SECTION II
LEGAL REQUIREMENTS TO
JUSTIFY DEVELOPMENT
IMPACT FEES
The imposition of impact fees is one authorized method of financing the public facilities necessary to mitigate the impacts of new development. A fee is ·a monetary exaction, other than a tax or special assessment, which is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project. .. " (California Government Code, Section 66000). A fee may be imposed for each type of capital improvement required for new development, with the payment of the fee typically occurring prior to the beginning of construction of a dwelling unit or non-residential building. Fees are often imposed at final map recordatton, issuance of a certificate of occupancy, or more commonly, at building permit issuance.
AB 1600, which created Section 66000 et seq. of the Government Code, was enacted by the State of California in 1987.
In 2006, Government Code Section 66001 was amended to clarify that a fee cannot include costs attributable to existing deficiencies but can 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.
Section 66000 et seq. of the Government Code thus requires that all public agencies satisfy the following requirements when establishing, increasing, or imposing a fee as a condition of new development:
1. Identify the purpose of the fee. (Government Code Section 66001(a)(1))
2. Identify the use to which the fee will be put. (Government Code Section 66001(a}(2))
3. Determine that there is a reasonable relationship between the fee's use and the type of development on which the fee is to be imposed. (Government Code Section 66001(a}(3))
4. Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is to be imposed. (Government Code Section 66001(a)(4))
5. Discuss how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed.
This section presents each of these items as they relate to the imposition of the proposed fees in the City of Los Banos.
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LEGAL REQUIREMENTS TO
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IMPACT FEES
J>u'RPOSE Of 11:fE FEE CG0VERNMENT CODE SECTION 66001(A}(1)) New residential and non-residential development within the City of Los Banos will generate additional residents and employees who will require additional public facilities. Land for these facilities will have to be acquired and public facilities and equipment will have to be expanded, constructed, or purchased to meet this increased demand.
The Fee Study has been prepared in response to the projected direct and cumulative effect of future development. Each new development will contribute to the need for new public facilities. Without future development many of the new public facilities on the Needs List would not be necessary as the existing facilities are generally adequate for the City's present population. In instances where facilities would be built regardless of new development, the costs of such facilities have been allocated to new and existing development based on their respective level of benefit.
The proposed impact fee will be charged to all future development, irrespective of location, in the City. First the property owners and/or the tenants associated with any new development in the City can be expected to place additional demands on the City's facilities that are funded by the fee. Second, these property owners and tenants are dependent on and, in fact, may not have chosen to utilize their development, except for residential, retail, employment and recreational opportunities located nearby on other existing and future development As a result, all development projects in the City contribute to the cumulative impacts of development.
The impact fees will be used for the acquisition, installation, and construction of public facilities identified on the Needs Lists to mitigate the direct and cumulative impacts of new development in the City.
8. THE USE TO WHICH THE FEE IS TO BE PuT (GoVERNMENT CODE 5EcTION 66001<AH2)) The fee will be used for the acquisition, installation, and construction of public facilities identified on the Needs Lists, included in Section IV of the Fee Study and other appropriate costs to mitigate the direct and cumulative impacts of new development in the City. The fee will provide a source of revenue to the City to allow for the acquisition, installation, and construction of public facilities, which in tum will both preserve the quality of life in the City and protect the health. safety, and welfare of the existing and future residents and employees. Actual needs are likely to change over time as a result of changing technology and approaches for delivering public services. The Needs List is illustrative of the required facilities if all the facilities were constructed and operational as of the date of this study. The fees may be used on (any) facility which serves a similar function and purpose as those facilities identified on the Needs List.
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IMPACT FEES
C. 'DETERMINE THAT THERE IS A REASONABLE REIATIONSHJP BE"IWEEN THE FEE'S USE AND THE TYPE OF DEVELOPMENT PROJECT UpoN WHICH 11-fE FEE JS IMPOSED (BENEFIT RELATIONSHIP) CGoYERNMENT CODE SEcnoN 66001W(3})
As discussed in Section A, it is the projected direct and cumulative effect of future development that has prompted the preparation of the Fee Study. F.ach development will contribute to the need for new public facilities. Without future development, the City would have no need to construct many of the public facilities on the Needs List.
For all other facilities, the costs have been allocated to both existing and new development based on their level of benefit. Consequently, all new development within the City, irrespective of location, contributes to the direct and cumulative impacts of development on public facilities and creates the need for new facilities to accommodate growth.