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ITEM 8A
The objective is to produce a practical standards that ensures public safety while implementing the most efficient technology available to conserve the state's natural resources. California's model codes are applicable to virtually every commercial and residential structure in the state.
The new 2025 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.
Health and Safety Code Section 18941.5 mandates that the Building Standards contained in the 2025 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, 2026. As part of the adoption process, this Department has made every effort to notify all affected parties of the proposed changes.
Fiscal Impact:
None
Reviewed by:
Gary G:!ii!:frrffilim City Manager
Attachments:
1. Ordinance
Minerva it1oreno, Finance Director
2. Attachment "A" the amended version of Los Banos Municipal Code Title 4, Public Safety.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS BANOS ADOPTING BY REFERENCE THE 2025 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 2025 California Fire Code, based on the International Fire Code, 2024 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, 2022 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 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 Fire Code, 2025 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
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 207
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 2025 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 2025 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:
Sec. 4-3.07 Amendments to the California Fire Code 2025 Edition.
The California Fire Code is hereby amended as follows:
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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, 2025 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 2025 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, 2025 Edition, is amended to read as follows:
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.
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Amendment No. 4
Chapter 1: [A] Section 105 Permits
Section [A] 105.6 of the 2025 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 2025 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.
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. 210
Amendment No. 6
Chapter 9: Section 903 AUTOMATIC SPRINKLER SYSTEMS Automatic Fire Extinguishing Systems
Section 903.2 of the 2025 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 prov1s1on 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. 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, HV AC 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 NFP A 13D system, the systems water supply will be configured in accordance with the City of Los Banos 211
Improvement Standards.
e) When residential units require the installation of a NFP A 13 D system, the system will be a "Stand Alone" wet pipe system.
f) When residential units require the installation of a NFP A 13D system, the system riser must be located within an exterior wall, with access to the system riser through an exterior access panel door.
g) When residential units require the installation of a NFP A 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 NFP A 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 NFP A 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 Test Drain. j) When residential units require the installation of a NFP A 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 130 ANNEX A recommendations.
1) 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. 212
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 2025 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 2025 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: 10-B:C rated. Unless more restrictive by code.
Amendment No. 9
Chapter 9: Section 907 FIRE ALARM AND DETECTION SYSTEMS Sprinkler System Supervision
Section 907 .1 of the 2025 Edition of the California Fire Code is hereby amended to add Sections 907. l(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 2025 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 213
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 HV AC 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 2025 Edition of the California Fire Code is hereby amended to add 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 214
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 2025 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.
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 50l(c)3, 4, 6, 7,8, 10, 19,23, or 26, Section 50l(d), Section 501(e);
2. The organization must be headquartered within and clearly affiliated or identified with the City of Los Banos;
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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 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 216
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 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 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 217
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 stands; 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 firework 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.
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 stand 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.
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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.
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. 219
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 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 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
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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.
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 221
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.
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.
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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 2025 Edition of the California Fire Code is hereby amended to add Sections 5704.2.9.6(a) through (b) to read as follows:
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
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Section 6101.1 of the 2025 Edition of the California Fire Code is hereby amended to add Section 6101.l(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 finding.
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 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.
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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 _ _ _ , 2025. Passed on the_ day of __ , 2025 by the following vote:
A YES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ATTEST:
CITY CLERK - City of Los Banos
APPROVED:
MAYOR - City of Los Banos
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City of Los Banos, CA
§ 4-3.01 § 4-3.04
Chapter 3
Fire Prevention Code
Note: Prior ordinance history: Ords. 433,558,668,748,804,843,895,947, 996 and 1066.
§ 4-3.01. Adoption of the California Fire Code ~ 2025 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 ~ 2025 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. (§ 1, Ord. 1066, eff. February 1, 2008, as amended by§ 1, Ord. 1099, eff. August 20, 2011, § 1, Ord. 1117, eff. March 19, 2014, § 1, Ord. 1149, eff. December 16, 2016, § 1, Ord. 1180, eff. February 15, 2020, and§ 1, Ord. 1200, eff. November 19, 2022) § 4-3.02. Definitions.
(a) Whenever the word "Municipality" is used in said California Fire Code, it shall be held to mean the City.
(b) Whenever the word "Chief of the Bureau of Fire Prevention" is used in said California Fire Code it shall be held to mean the Fire Chief or Chief of Fire Services.
( c) Whenever the word "Fire Chief' is used in said California Fire Codes and related Codes, it shall be held to mean the Fire Chief or Chief of Fire Services. (§ 1, Ord. 1066, eff. February 1, 2008)
§ 4-3.03. Bureau of Fire Prevention.
(a) Established: Supervision. The Bureau of Fire Prevention of the City is hereby established and shall be operated under the supervision of the Fire Chief or Chief of Fire Services.
(b) Inspector: Appointment. The Fire Chief may recommend to the City Manager the employment of inspectors and technical inspectors who, when such authorization is made, shall be employed and appointed by the City Manager on the recommendation of the Fire Chief.
( c) Enforcement duties. The members of the Bureau of Fire Prevention shall enforce the provisions of said California Fire Codes and related Codes. (§ 1, Ord. 1066, eff. February 1, 2008)
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City of Los Banos, CA
§ 4-3.04 § 4-3.08
§ 4-3.04. Modifications.
The Fire Chief shall have the power to modify any of the provisions of said Uniform Fire Code upon an application, in writing, by an owner or lessee, or duly authorized agent, when there are practical difficulties in the way of carrying out the letter of the Code, public safety is secured, and substantial justice done. The particulars of such modifications, when granted or allowed, and the decision of the Fire Chief thereof shall be entered upon the records and kept by the Fire Chief and duplicate copies shall be forwarded to the City Clerk.
(§ 1, Ord. 1066, eff. February 1, 2008)
§ 4-3.05. Appeals.
Whenever the Fire Chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provision of the Code do not apply or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief to the City Council within 30 days from the date of the decision of the appealed.
(§ 1, Ord. 1066, eff. February 1, 2008)
§ 4-3.06. Alternate materials and methods.
The Fire Chief is authorized to approve alternate materials or methods provided that the Chief finds that the proposed design, use of operation satisfactorily complies with the intent of this Code and that the method of work performed or operation is, for the purpose intended, at least equivalent to that prescribed in this Code. Approvals under the authority herein contained shall be subject to the approval of the building official whenever the alternate material or method involves matters regulated by the Building Code.
(§ 1, Ord. 1066, eff. February 1, 2008)
§ 4-3.07. Amendments to the California Fire Code 2022 2025 Edition.1 (§ 1, Ord. 1066, eff. February 1, 2008, as amended by§ 3, Ord. 1099, eff. August 20, 2011, § 2, Ord. 1117, eff. March 19, 2014, § 1, Ord. 1138, eff. November 7, 2015, § 2, Ord. 1149, eff. December 16, 2016, § 2, Ord. 1180, eff. February 15, 2020, and§ 2, Ord. 1200, eff. November 19, 2022)
§ 4-3.08. Fire zones.
(a) Fire District Established. The entire area of the City is hereby declared to be and is hereby established as a Fire District.
(b) Fire Zones Designated. Three fire zones, to be known and designated as Fire Zone One, Fire Zone Two, and Fire Zone Three, are hereby established within the Fire District established by the provisions of this Code.
( c) Fire Zoning Map Adopted. The fire zones established by the provisions of Section I. Editor's Note: The 202i 2025 CFC amendments are included as an attachment to this title.
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City of Los Banos, CA
§ 4-3.08 § 4-3.08
4-3 .20(b) of this chapter shall include such territory or portions of the City as are illustrated, outlined, and designated on that certain map on file in the office of the City Clerk marked and designated as "Fire Zones of the City of Los Banos, California," which map is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full for the application of the provisions set forth in the California Building Code.
(§ 1, Ord. 1066, eff. February 1, 2008, as amended by§ 4, Ord. 1099, eff. August 20, 2011)
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CALIFORNIA FIRE CODE - PART 9
All amendments and additions in this part are proposed by the Office of the State Fire Marshal.
Chapter 1 - Scope and Administration
1.11.2.4 Request for alternate means of protection
Updated the reference pointer to California Code of Regulations (CCR) Title 19 due to program changes in the requirements of Risk Management Plans and the handling of hazardous materials under the oversight of CalEPA (AB 148, Stats. 2021). These programs were previously in CCR Title 19, Division 2 (CalOES), but are now located in Title 19, Division 5 (CalEPA), and have been effective as of March 6, 2024.
1.11.4.4 Fire clearance pre-inspection
Corrected the reference pointer that delegates authority from the State Fire Marshal to the local fire prevention enforcement authority, which is governed by Health and Safety Code Sections 13145 and 13146. 102.13 Wild land-Urban Interface
Added a new section providing reference to the newly adopted California Wildland- Urban Interface Code (CWUIC), Part 7 of Title 24. As a result of the creation of the CWUIC, Chapter 49 is deleted from the California Fire Code (CFC). Other changes affect provisions and references in CFC Chapters 2 and 3, and Appendix P, as well as chapters in the California Building Code and California Residential Code (Parts 2 and 2.5 of Title 24). 105.5.14 Energy Storage Systems
Provided exceptions to requirements for an operational permit for stationary and mobile ESS for detached one- and two-family dwellings and townhouses, other than Group R-4.
Chapter 2 - Definitions
Definitions related to battery types
Amended model code definitions and added several new battery type definitions to correlate with current International Fire Code and NFPA 855 technology requirements. The intent is to increase understanding of the application of code requirements to new technologies with no associated increases in technical requirements.
203 Occupancy classification and use
Occupancy classification definitions have been relocated from Section 202 into new Section 203 in 2024 IFC, so existing 2022 amendments to these definitions have been relocated also.
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203.4.2 Group E, child-care facilities
203. 7 .4.1 Classification as Group E
Amended the exception to Group E child-care facilities and added language with special provisions to include those occupancies providing care for 6- 100 children under 36 months of age, allowing them to operate when in compliance with special requirements.
Chapter 3 - General Requirements
320 Battery storage
320.1 General
Replaced existing amendments in 2022 CFC Section 322 with new 2024 IFC Section 320 which has been amended in 2025 CFC to address all battery storage regardless of the battery type. Added Exemption 6 to clarify it is not the intent of this section to regulate miscellaneous small consumersize batteries in equipment (radios, power tools, etc.), or batteries staged or charging as commonly found in maintenance areas, fire stations, contractor shops, etc.
Sections 320.1.1 through 320.1.2
Added new sections to address storage of lithium-ion, lithium metal, and other battery types.
320.4.1.1 Unused or unwanted battery collection
Revised to clarify batteries placed loose into open-top containers is for collection of used or unwanted batteries from the public or a building's employees (NFPA 855).
320.4.1.2 Waste storage
Added a common practice provision for limited storage (DOT regulations) to require batteries be placed in bags to prevent short-circuiting and space between filled with vermiculite. The quantity is still limited to 15 cf. 320.4.1.3 Miscellaneous storage
Added new section to clarify that other storage configurations are allowed.
Provides for storage in original wholesale shipping containers and DOT packaging which has undergone extensive testing for shipping of lithiumion batteries and cells. 320.4.3 Outdoor storage and subsections
Added requirements for a technical report to evaluate the fire and explosion risks associated with outdoor storage of lithium-ion and lithium-metal batteries and to make recommendations for fire and explosion protection. 232
Revised and updated existing amendments that were relocated and merged with new model code sections to address the following requirements:
• Distance from storage to exposures
• Storage area size limits and separation
• Fire detection
• Containers
• Weather protection
320.5 Other Battery Types General and subsections
Added amendments providing general guidance for safe storage of batteries other than lithium-ion and lithium-metal consistent with updated requirements and standards of care in the industry, including the following :
• Impact protection
• Battery charging and long-term storage practices
• Mechanical exhaust requirements
• Spill control capabilities
• Hazard warning signage and NFPA 704 placarding
Chapter 9 - Fire Protection and Life Safety Systems
Existing 2022 California amendments in Chapter 9 are carried forward, repealed, renumbered and updated to align with revised 2024 IFC formatting and language.
903.3.1.1.1 Exempt locations
Deleted existing amendment Number 6 in the listed locations regarding elevator hoistways, machine rooms, machinery spaces, control spaces and control rooms, and the reference pointer to CBC Section 3005.4.1. 903.4.3 Alarms
Deleted existing amendment regarding visible alarm notification and reference pointer to Section 907.
905.4 Location of Class I standpipe hose connections
Deleted model code language in Item 6 that was an existing amendment that was overlooked in the 2022 CFC (amendment was not carried forward). 907 .2.12 Special amusement areas
Repealed and replaced some existing amendments with model code language in Section 907.2.12, and blended existing amendment regarding exit access into new model code language to carry forward existing provisions. Repealed amendments in model code Sections 907.2.12.1 - 907.2.12.3 as these sections do not exist in 2024 IFC. Matched the same modifications made to Section 907.2.12 in the California Building Code, Part 2 of Title 24.
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915.4.4 Interconnection
Replaced new model language with existing amendment as 2024 IFC has copied portions of the California amendment, but left out the majority of the information needed for clarity and consistency in implementation and enforcement.
915.6.1 Enclosed parking garages
Added an amendment to coordinate with the existing provision in Section 915.6.1 of Part 2.
Chapter 10- Means of Egress
1008.3 Illumination required by an emergency electrical system Added amendment to reinstate provisions published in several previous editions of the California Building Code to address previously adopted requirement for egress lighting for 1-2 occupancies and align with provisions published in National Fire Protection Association 101 - The Life Safety Code.
1009.4.1 Standby power
1015.2 Where required
Added new amendment to align with the California Building Code. Table 1020.2 Corridor fire-resistance rating
Modified existing amendment to repeal line-item for occupancy Group E, and to require one-hour fire resistance rating for corridors with sprinklers in occupancy Group 1-4. Aligned with the same section in the California Building Code, Part 2 of Title 24.
1026.6 Two-way communication
Added new amendment specifying that two-way communication systems must be installed in all horizontal exit compartments. An Exception for 1-2 and 1-3 facilities is provided. Aligned with the same section in Part 2.
Chapter 31 - Tents, Temporary Special Event Structures and Other Membrane Structures
3104.2 Flame propagation performance testing and
registration 3106.3 Combustible materials
Added amendments to clarify that all fabrics and all interior decorative fabrics or materials shall be flame resistant in accordance with the provisions set forth in California Code of Regulations, Title 19 (Public Safety), Division 1, Chapter 8.
Chapter 49 - Requirements for Wild land-Urban Interface (WUI) Fire Areas
Added a "User Note" to direct code users to the new California Wildland234 Urban Interface Code. This chapter is deleted from the CFC.
Chapter 80 - Referenced Standards
Updated adoption of referenced standards to the newest editions published and available for adoption
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CALIFORNIA FIRE CODE AMENDMENTS
~ 2025 California Fire Code Amendments
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, ~2025 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~ 2025 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,~ 2025 Edition, is amended to read as follows:
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~ 2025 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 4-F:l
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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~ 2025 Edition of the California Fire Code is hereby amended to add Section 506.l(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.
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 ~ 2025 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 ofless 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 ofless 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. 4-F:2
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(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. l 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. (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, HV AC 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 NFP A 13 D 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 exterior wall, with access to the system riser through an exterior access panel door. (g) When residential units require the installation ofa 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 NFP A 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 Test Drain. (j) When residential units require the installation of a NFP A 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 ofa NFPA 13D system, fire sprinkler piping located in unheated attic spaces shall be completely covered with insulation per the NFPA 13D ANNEX A recommendations.
(1) When residential units require the installation of a NFPA 13D system, complete coverage must be provided within the enclosed garage area.
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(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~ 2025 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~ 2025 Edition of the California Fire Code is hereby amended to add Section 906.I(a) as follows:
(a) The minimum approved portable fire extinguisher size for all occupancies shall be, 2A: 1O-B: C rated. Unless more restrictive by code.
Amendment No. 9
Chapter 9: Section 907 FIRE ALARM AND DETECTION SYSTEMS Sprinkler System Supervision
Section 907 .1 of the ~ 2025 Edition of the California Fire Code is hereby amended to add Sections 907. l(a) through (t) 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.
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( 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 occu pancy 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 HV AC 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~ 2025 Edition of the California Fire Code is hereby amended to add 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)
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Section 5608 of the~ 2025 Edition of the California Fire Code is hereby amended to add Sections 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.
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 50l(c)3, 4, 6, 7,8, 10, 19,23, or 26, Section 50l(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 often (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.
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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 frreworks 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 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 proofrequired by the rules and regulations established by the state fire marshal and the frre 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 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; 4-F:7
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(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.
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".
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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.
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.
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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 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 of9:00 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 therefor 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. 5608.3. Administrative Enforcement for Fireworks - Purpose and Scope.
A. This Section provides for the imposition, enforcement, collection, and administrative review of all administrative fmes, 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 defmed 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. 4-F:11
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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~ 2025 Edition of the California Fire Code is hereby amended to add Sections 5704.2.9.6(a) through (b) to read as follows:
(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 ofnew 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 thls code may continue use.
Amendment No. 13
Chapter 61: Section 6101 LIQUEFIED PETROLEUM GASES
Section 6101.1 of the~ 2025 Edition of the California Fire Code is hereby amended to add Section 6101. l(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 4-F:12
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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. 4-F:13
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Los Banos Fire Department
333 7th St I (209) 827-7025 I [email protected]
NOTICE OF PUBLIC HEARING
An Ordinance to Adopt the 2025 California Building Standards Code and Related Codes The purpose of the hearing is for Los Banos City Council to consider adoption of the 2025 California Building Standards Code, local City of Los Banos amendments to the Codes, and justification of local conditions.
NOTICE IS HEREBY GIVEN that the City Council will hold a public hearing to receive testimony, oral and written, and make a determination on the ordinance at a hearing scheduled for:
Date: November 5, 2025
Time: 6:00 p.m.
Place: Los Banos City Hall, Council Chambers, 520 J Street, Los Banos, CA 93635 The Los Banos City Council will consider an ordinance of the City of Los Banos amending Title 8- Building Codes and Standards and Title 4- Public Safety, Chapter 3 Fire Prevention Code to meet the 2025 building code standards.
Every three years the California Building Standards Commission adopts a new set of building codes which include building, residential, electrical, mechanical, plumbing, fire, energy, and green building standards. Local jurisdictions must adopt and enforce these adopted codes and apply the minimum requirements to all construction projects that file a building permit application beginning January 1, 2026. Local jurisdictions may amend the State regulation to address issues of local or regional importance such as fire or earthquake hazards or a desire to seek increased energy efficiencies.
PUBLIC INFORMATION: Any interested party or their representative may appear at the meeting and comment on the project. Written comments may also be mailed to the City Clerk's office (520 J Street, Los Banos, CA 93635)) for transmittal to the City Council. If you wish to challenge this matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or written correspondence delivered to the hearing body, at or prior to the public hearing.
PaulTualla
Fire Chief/ Building Official
209-827-7025
[email protected]
Proudly Serving The Citizens Of Los Banos Since 1890
250
TO:
FROM:
DATE:
LOsBanos
At 1l1c 10 . ,oad of ( alifo , ru
Agenda Staff Report
Mayor and City Council
Mike Brinkman, contract Building Official
Paul Tualla, Fire Chief 'P7
November 5, 2025
TYPE OF REPORT: Public Hearing, Agenda Item
SUBJECT: Introduction of Ordinance Amending Title 8 Building Regulations of the Los Banos Municipal Code and Adopting by Reference the California Code of Regulations Title 24, 2025 Edition of the California Buildings Standards Code.
Recommendation:
It is recommended that the City Council conduct a first reading and introduction Ordinance No. 2025-XX , amending Title 8 Building Regulations of the Los Banos Municipal Code, and adopting by reference, The California Code of Regulations Title 24, 2025 Edition of the California Building Standards Code with amendments.
Background:
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 2022.
Discussion:
The California Building Standards Commission adoption of the 2025 Code comes after a comprehensive multi-state agency and stakeholder update of the 2022 Building Code.
ITEM 8B
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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 2025 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:
• New Part 7 stand-alone code book for Wildland-Urban Interface (WUI), was Chapter 7 A in the CBC.
• The Energy and Green codes continue to expand Electric Vehicle Charging requirements to install EV charging infrastructure including receptacles and chargers to new multifamily dwellings, single family homes, hotels, and motels. • Electric-Ready Buildings:
The code encourages electric-ready buildings to facilitate future adoption of cleaner electric technologies for cooking and water heating.
Health and Safety Code Section 18941.5 mandates that the Building Standards contained in the 2025 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, 2026. As part of the adoption process, this Department has made every effort to notify all affected parties of the proposed changes.
Fiscal Impact:
None
Reviewed by:
Gt}/;i;,1;;;;:(nterim City Manager
Attachments:
1. Ordinance
2. Attachment "A" the amended version of Los Banos Municipal Code Title 8, Building Regulations.
252
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS BANOS, ADOPTING BY REFERENCE THE 2025 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODES BY AMENDMENT TO TITLE 8 CHAPTER 1 OF
THE LOS BANOS MUNICIPAL CODE
WHEREAS, Title 8 of the Los Banos Municipal Code ("LBMC") currently contains the City's building standards ("Building Regulations") and adopts by reference the 2022 California Building Code, which incorporates the International Building Code published by the International Code Council; and
WHEREAS, the California Building Standards Commission has published the 2025 Edition of the California Building Standards Codes, including updates to the California Building Code, Energy Code, Historical Building Code, Referenced Standards Code, Electrical Code, Mechanical Code, Administrative Code, Existing Building Code, Green Building Standards Code, Residential Code, Plumbing Code, and the newly adopted California Wildland-Urban Interface Code; 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 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 Building Code, 2025 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 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.
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 253
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.
WHEREAS, Government Code Section 50022.2 permits enactment of city ordinances that adopt codes or statutes, including codes of the State of California, by reference; and
WHEREAS, notice of the Ordinance was published in accordance with Government Code Sections 50022.3 and 6066; and that such notice was sufficient to give notice to interested persons of the purpose of the ordinance and the subject matter thereof; and WHEREAS, the City Council of the City of Los Banos finds it necessary to adopt the 2025 Edition of the California Building Standards Codes to ensure the health, safety, and welfare of its residents and to reflect current best practices in building regulation.
NOW, THEREFORE, 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:
§ 8-1.01. Adoption of the California Building Code 2025 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, 2025 Edition, Volumes 1 and 2 (Part 2 of Title 24 of the California Code of Regulations), based on the 2024 International Building Code as published by the International Code Council, together with Appendices Chapter F - Rodent proofing, Chapter G - Flood-Resistant Construction, Chapter H - Signs, Chapter I - Patio Covers, Chapter J - Grading, and Chapter K - Central Valley Flood Protection Plan, Chapter N - Replicable Buildings, Chapter O - Performance-Based Application, Chapter P - Emergency Housing Sleeping Lofts, and Chapter Q - 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 8-1.04 of Title 8, Chapter 1 of the Los Banos Municipal Code is retitled and amended to read as follows:
§ 8-1.04. Adoption of the California Energy Code 2025 Edition.
For the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, 254
height, area and maintenance of all buildings and structures within the City, the California Energy Code, 2025 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 3. Section 8-1.05 of Title 8, Chapter 1 of the Los Banos Municipal Code is retitled and amended to read as follows:
§ 8-1.05. Adoption of California Historical Building Code 2025 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, 2025 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 4. Section 8-1.06 of Title 8, Chapter I of the Los Banos Municipal Code is retitled and amended to read as follows:
§ 8-1.06. Adoption of California Referenced Standards Code 2025 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, 2025 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 5. Section 8-1.07 of Title 8, Chapter 1 of the Los Banos Municipal Code is retitled and amended to read as follows:
§ 8-1.07. Adoption of California Electrical Code 2025 Edition.
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, 2025 Edition (Part 3 of Title 24 of the California Code of Regulations), including appendix, based on the 2023 National Electrical Code as published 255
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 6. Section 8-1.09 of Title 8, Chapter 1 of the Los Banos Municipal Code is retitled and amended to read as follows:
§ 8-1.09. Adoption of California Mechanical Code 2025 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, 2025 Edition (Part 4 of Title 24 of the California Code of Regulations), including appendix, based on the 2024 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 7. Section 8-1.10 of Title 8, Chapter 1 of the Los Banos Municipal Code is retitled and amended to read as follows:
§ 8-1.10. Adoption of the California Administrative Code 2025 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, 2025 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 8. Section 8-1.11 of Title 8, Chapter 1 of the Los Banos Municipal Code is retitled and amended to read as follows:
§ 8-1.11. Adoption of the California Existing Building Code 2025 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 Existing Building Code, 2025 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 256
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 9. Section 8-1.12 of Title 8, Chapter 1 of the Los Banos Municipal Code is retitled and amended to read as follows:
§ 8-1.12. Adoption of the California Green Building Standards Code 2025 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, 2025 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 10. Section 8-1.13 of Title 8, Chapter 1 of the Los Banos Municipal Code is retitled and amended to read as follows:
§ 8-1.13. Adoption of the California Residential Code 2025 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, 2025 Edition (Part 2.5 of Title 24 of the California Code of Regulations), based on the 2025 International Residential Code and as published by the International Code Council, together with all Appendices with the exception of Appendix -AB - Permit 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 11. Section 8-1.15 of Title 8, Chapter 1 of the Los Banos Municipal Code is retitled and amended to read as follows:
§ 8-1.15. Adoption of the California Plumbing Code 2025 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, 2025 Edition (Part 5 of Title 24 of the California Code of Regulations), including appendix, based on the 2024 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 257
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 12. Section 8-1.16 of Title 8, Chapter 1 of the Los Banos Municipal Code is added to read as follows:
§ 8-1.16. Adoption of the California Wildland-Urban Interface Code 2025 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 Wildland-Urban Interface Code, 2025 Edition (Part 7 of Title 24 of the California Code of Regulations), based on the 2024 International Wildland-Urban Interface Code and 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 Wildland-Urban Interface Code of the City of Los Banos.
Section 13. 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 14. 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 15. 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 16. 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 258
significant effects on the environment and these code amendments are exempt from review underCEQA.
Section 17. 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 _ ___ ~ 2025.
Passed on the __ day of _ ____ 2025 by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
By:
Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
259
City of Los Banos, CA
§ 8-1.01.
§ 8-1.02.
§ 8-1.03.
§ 8-1.04.
§ 8-1.05.
§ 8-1.06.
§ 8-1.07.
§ 8-1.08.
§ 8-1.09.
§ 8-1.10.
§ 8-1.11.
§ 8-1.12.
§ 8-1.13.
§ 8-1.14.
§ 8-1.15.
§ 8-1.16.
§ 8-1.17.
§ 8-1.18.
§ 8-1.19.
Title 8
BUILDING REGULATIONS
Chapter 1 Building Codes
Adoption of the ~ 2025 Edition.
Violations: Penalties.
(Reserved)
Adoption of the California Energy Code~ 2025 Edition.
Adoption of California Historical Building Code~ 2025 Edition.
Adoption of California Referenced Standards Code ~ 2025 Edition.
Adoption of California Electrical Code~ 2025 Edition.
Adoption of Uniform Housing
Code 1997 Edition.
Adoption of California Mechanical Code ~ 2025 Edition.
Adoption of the California Administrative Code ~ 2025 Edition.
Adoption of the California
Existing Building Code ~ 2025 Edition.
Adoption of the California
Green Building Standards Code~ 2025 Edition.
Adoption of the California
Residential Code~ 2025 Edition.
Adoption of the Uniform Code
for the Abatement of Dangerous Buildings 1997 Edition.
Adoption of the California
Plumbing Code~ 2025 Edition.
(Resef'Ved) Adoption of the California Wild/and-Urban Interface Code 2025 Edition. (Reserved)
(Reserved)
(Reserved)
LOS BANOS CODE
260
City of Los Banos, CA
§ 8-1.01 BUILDING REGULATIONS
Chapter 1
Building Codes
§ 8-1.04
Note: Prior ordinance history: Ords. 430,486,556,689, 751,780,822,856,895,951,997, 1065, 1098, 1116, 1150 and 1179.
§ 8-1.01. Adoption of the California Building Code wn 2025 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, ~ 2025 Edition, Volumes 1 and 2 (Part 2 of Title 24 of the California Code of Regulations), based on the ~ 2024 International Building Code as published by the International Code Council, together with Appendices Chapter F - Rodentptoofing, Chapter G- Flood-Resistant Construction, Chapter H- Signs, Chapter I - Patio Covers, Chapter J - Grading, afKi Chapter K - Central Valley Flood Protection Plan, Chapter N - Replicable Buildings, Chapter O - Performance-Based Application, Chapter P - Emergeoey Housiog Sleeping Lofts, and Chapter O - Emergencv 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.
(§ 1, Ord. 1065, eff. February 1, 2008, as amended by§ 1, Ord. 1098, eff. August 20, 2011, § 1,Ord. 1116, eff. March 19, 2014, § 1, Ord. 1150, eff. December 16, 2016, § 1, Ord. 1179, eff. February 15, 2020, and§ 1, Ord. 1199, eff. November 19, 2022)
§ 8-1.02. Violations: Penalties.
Any person violating any of the provisions of this chapter or of the Building Code, or who shall fail to comply with any provision thereof, or who shall violate or fail to comply with any order made thereunder, or build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Council or by a court of competent jurisdiction within the time fixed therein shall, for each and every separate violation and noncompliance, respectively, be deemed guilty of a misdemeanor and, upon conviction, shall be punishable as set forth in Chapter 2 of Title 1 of this Code. The imposition of one penalty for any violation of the provisions of this chapter or the Building Code shall not excuse the violation or permit it to continue, and any such person violating the provisions of this chapter or the Building Code shall be required to correct or remedy such violation or defect within a reasonable time, and, when not otherwise specified, each 10 days prohibitive conditions are maintained shall constitute a separate offense. The application of the penalties set forth in this section shall not be held to prevent the enforced removal of prohibitive conditions. (§ 1, Ord. 1065, eff. February 1, 2008, as amended by§ 1, Ord. 1098, eff. August 20, 2011) § 8-1.03. (Reserved)
§ 8-1.04. Adoption of the California Energy Code~ 2025 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 Energy Code,~ 2025 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, 261
City of Los Banos, CA
and deletions set forth in this chapter, and said Code shall be known as the Energy Code of the City of Los Banos.
(§ 1, Ord. 1065, eff. February 1, 2008, as amended by§ 1, Ord. 1098, eff. August 20, 2011, § 2,Ord. 1116, eff. March 19, 2014, § 2, Ord. 1150, eff. December 16, 2016, § 2, Ord. 1179, eff. February 15, 2020, and§ 3, Ord. 1199, eff. November 19, 2022)
§ 8-1.05. Adoption of California Historical Building Code ~ 2025 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,~ 2025 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.
(§ 1, Ord. 1065, eff. February 1, 2008, as amended by§ 1, Ord. 1098, eff. August 20, 2011, § 3, Ord. 1116, eff. March 19, 2014, § 3, Ord. 1150, eff. December 16, 2016, § 3, Ord. 1179, eff. February 15, 2020, and§ 4, Ord. 1199, eff. November 19, 2022)
§ 8-1.06. Adoption of California Referenced Standards Code~ 2025 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, ~ 2025 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.
(§ 1, Ord. 1065, eff. February 1, 2008, as amended by§ 1, Ord. 1098, eff. August 20, 2011, § 4,Ord. 1116, eff. March 19, 2014, § 4, Ord. 1150, eff. December 16, 2016, § 4, Ord. 1179, eff. February 15, 2020, and§ 5, Ord. 199, eff. November 19, 2022)
§ 8-1.07. Adoption of California Electrical Code~ 2025 Edition.
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, ~ 2025 Edition (Part 3 of Title 24 of the California Code of Regulations), including appendix, based on the~ 2023 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.
(§ 1, Ord. 1065, eff. February 1, 2008, as amended by§ 1, Ord. 1098, eff. August 20, 2011, § 5,Ord. 1116, eff. March 19, 2014, § 5, Ord. 1150, eff. December 16, 2016, § 5, Ord. 1179, eff. February 15, 2020, and§ 6, Ord. 1199, eff. November 19, 2022)
262
City of Los Banos, CA
§ 8-1.08 BUILDING REGULATIONS § 8-1.11
§ 8-1.08. Adoption of Uniform Housing Code 1997 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 Uniform Housing Code, 1997 Edition Conference of Building Officials (Title 25 of the California Code of Regulations pursuant to Sections 17958, 17958.5, 17958.7, 17958.9 and 17959 of the California Health and Safety Code), published by the International, 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 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 Housing Code of the City of Los Banos. (§ 1, Ord. 1065, eff. February 1, 2008, as amended by§ 1, Ord. 1098, eff. August 20, 2011) § 8-1.09. Adoption of California Mechanical Code~ 2025 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, ~ 2025 Edition (Part 4 of Title 24 of the California Code of Regulations), including appendix, based on the ~ 2024 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.
(§ l, Ord. 1065, eff. February 1, 2008, as amended by§ 1, Ord. 1098, eff. August 20, 2011, § 6,Ord. 1116, eff. March 19, 2014, § 6, Ord. 1150, eff. December 16, 2016, § 6, Ord. 1179, eff. February 15, 2020, and§ 7, Ord. 1199, eff. November 19, 2022)
§ 8-1.10. Adoption of the California Administrative Code~ 2025 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, ~ 2025 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.
(§ 1, Ord. 1098, eff. August 20, 2011, as amended by§ 7, Ord. 1116, eff. March 19, 2014, § 7, Ord. 1150, eff. December 16, 2016, § 7, Ord. 1179, eff. February 15, 2020, and§ 8, Ord. 1199, eff. November 19, 2022)
§ 8-1.11. Adoption of the California Existing Building Code~ 2025 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 Existing Building Code, ~ 2025 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
263
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§ 8-1.11 LOS BANOS CODE § 8-1.14
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. (§ 1, Ord. 1098, eff. August 20, 2011, as amended by§ 8, Ord. 1116, eff. March 19, 2014, § 8, Ord. 1150, eff. December 16, 2016, § 8, Ord. 1179, eff. February 15, 2020, and§ 9, Ord. 1199, eff. November 19, 2022)
§ 8-1.12. Adoption of the California Green Building Standards Code~ 2025 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, ~ 2025 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. (§ 1, Ord. 1098, eff. August 20, 2011, as amended by§ 9, Ord. 1116, eff. March 19, 2014, § 9, Ord. 1150, eff. December 16, 2016, § 9, Ord. 1179, eff. February 15, 2020, and§ 10, Ord. 1199, eff. November 19, 2022)
§ 8-1.13. Adoption of the California Residential Code~ 2025 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,~ 2025 Edition (Part 2.5 of Title 24 of the California Code of Regulations), based on the~ 2025 International Residential Code and as published by the International Code Council, together with all Appendices with the exception of Appendix Ab-AB - Permit 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. (§ 1, Ord. 1098, eff. August 20, 2011, as amended by§ 10, Ord. 1116, eff. March 19, 2014, and § 10, Ord. 1150, eff. December 16, 2016, § 10, Ord. 1179, eff. February 15, 2020, and§ 11, Ord. 1199,eff.
November 19, 2022)
§ 8-1.14. Adoption of the Uniform Code for the Abatement of Dangerous Buildings 1997 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 Uniform Code for Abatement of Dangerous Buildings, 1997 Edition, published by the International Conference of Building Officials, 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 Dangerous Buildings Code for the City of Los Banos. (§ 1, Ord. 430, as amended by§ 2, Ord. 556, eff. February 4, 1977, § 2, Ord. 856, eff. July 17, 1992, § 3, 264
Ord. 895, eff. February 2, 1996, § 1, Ord. 951, eff. June 4, 1999, and§ 2, Ord. 1098, eff. August 20, 2011)
§ 8-1.15. Adoption of the California Plumbing Code~ 2025 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, ~ 2025 Edition (Part 5 of Title 24 of the California Code of Regulations), including appendix, based on the ±OU 2024 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.
(§ 1, Ord. 1065, eff. February 1, 2008, as amended by§ 4, Ord. 1098, eff. August 20, 2011, § 11, Ord. 1116, eff. March 19, 2014, § 11, Ord. 1150, eff. December 16, 2016, § 11, Ord. 1179, eff. February 15, 2020, and§ 12, Ord. 1199, eff. November 19, 2022)
§ 8-1.16. (Reserved) Adoption ofthe California Wild/and-Urban Interface Code 2025 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 Wild/and-Urban Interface Code, 2025 Edition (Part 7 of Title 24 of the California Code of Regulations), based on the 2024 International Wild/and-Urban Interface Code and as published by the International Code Council. together with all Appendices and subsequent additions and editions thereto, one copv of which is on file in the Office of the City Clerk for public record and inspection, is hereby adopted hv reference and made a part of this chapter as though set forth in this chapter in full, subiect1 however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Wild/and-Urban Interface Code of the City o[Los Banos. § 8-1.17. (Reserved)
§ 8-1.18. (Reserved)
§ 8-1.19. (Reserved)
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Los Banos Fire Department
333 7th St I (209) 827-7025 I [email protected]
NOTICE OF PUBLIC HEARING
An Ordinance to Adopt the 2025 California Building Standards Code and Related Codes The purpose of the hearing is for Los Banos City Council to consider adoption of the 2025 California Building Standards Code, local City of Los Banos amendments to the Codes, and justification of local conditions.
NOTICE IS HEREBY GIVEN that the City Council will hold a public hearing to receive testimony, oral and written, and make a determination on the ordinance at a hearing scheduled for:
Date: November 5, 2025
Time: 6:00 p.m.
Place: Los Banos City Hall, Council Chambers, 520 J Street, Los Banos, CA 93635 The Los Banos City Council will consider an ordinance of the City of Los Banos amending Title 8- Building Codes and Standards and Title 4- Public Safety, Chapter 3 Fire Prevention Code to meet the 2025 building code standards.
Every three years the California Building Standards Commission adopts a new set of building codes which include building, residential, electrical, mechanical, plumbing, fire, energy, and green building standards. Local jurisdictions must adopt and enforce these adopted codes and apply the minimum requirements to all construction projects that file a building permit application beginning January 1, 2026. Local jurisdictions may amend the State regulation to address issues of local or regional importance such as fire or earthquake hazards or a desire to seek increased energy efficiencies.
PUBLIC INFORMATION: Any interested party or their representative may appear at the meeting and comment on the project. Written comments may also be mailed to the City Clerk's office (520 J Street, Los Banos, CA 93635)) for transmittal to the City Council. If you wish to challenge this matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or written correspondence delivered to the hearing body, at or prior to the public hearing.
PaulTualla
Fire Chief/ Building Official
209-827-7025
[email protected]
Proudly Serving The Citizens Of Los Banos Since 1890
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LOsBanos
\ I ,II(' ( I O I cl uJ C / Ir 111c
Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM:
DATE:
Stacy Souza Elms, Community and Economic Development Director~ November 5, 2025
TYPE OF REPORT: Public Hearing
SUBJECT: General Plan Amendment #2025-03 to Adopt the 2024-2032 Housing Element and approve a Zoning Ordinance Amendment to Add Article 49 to Chapter 3, Regional Housing Needs Assessment Overlay, to Title 9 of the Los Banos Municipal Code
Recommendation:
That the City Council take the following action:
1. Adopt a resolution approving General Plan Amendment #2025-03 to adopt the City of Los Banos 2024-2032 Housing Element in compliance with State law; and
2. Introduce and waive the first reading of an Ordinance amending Title 9 of the Los Banos Municipal Cde to add Article 49 to Chapter 3, establishing a Regional Housing Needs Assessment (RHNA) Overlay District to facilitate implementation of the Housing Element.
Background:
State law requires every jurisdiction in California to update its Housing Element every eight years to demonstrate adequate planning to meet existing and projected housing needs for all economic segments of the community. The City of Los Banos' Housing Element covers the 6th Cycle planning period from 2024 through 2032. 1 269
ITEM 8C
The draft 2024-2032 Housing Element has been prepared as part of the Merced County Multi-Jurisdictional Housing Element and coordinated through the Merced County Association of Governments (MCAG). The City's Housing Element establishes policies and programs to meet its assigned Regional Housing Needs Allocation (RHNA) of 3, 132 housing units across all income levels.
Public outreach has been extensive, including community workshops, pop-up events, surveys, and stakeholder interviews conducted between 2023 and 2025. The California Department of Housing and Community Development (HCD) provided preliminary review comments, and the document before the Commission reflects revisions made to address those comments.
The Planning Commission held a public hearing on October 22, 2025, and recommended approval of the 2024-2032 Housing Element and RHNA Overlay District Ordinance.
Required Components of a Housing Element
Pursuant to Government Code Section 65583, local governments are required to include the below items as components within their Housing Elements, and subsequent updates thereto. Newly required components introduced as part of the 6th Cycle are noted below and discussed in further detail within the "New Requirements for the 6th Cycle Housing Element Update" Section below.
1. Housing Needs Assessment. Examine demographic, employment and housing trends and conditions and identify existing and projected housing needs of the community, with attention paid to special housing needs (e.g., large families, persons with disabilities). This section includes a community's Regional Housing Needs Allocation (RHNA) as determined by a community's regional planning body in partnership with HCD.
2. Evaluation of Past Performance. Review the prior Housing Element to measure progress in implementing policies and programs.
3. Housing Sites Inventory. Identify locations of available sites for housing development or redevelopment to demonstrate there is enough land zoned for housing to meet future need at all income levels.
4. Community Engagement. Implement a robust community engagement program that includes reaching out to individuals and families at all economic levels of the community plus historically underrepresented groups.
5. Constraints Analysis. Analyze and recommend remedies for existing and potential governmental and nongovernmental barriers to housing development.
6. Policies and Programs. Establish policies and programs to be carried out during the 2023-2031 planning period to fulfill the identified housing needs.
7. Affirmatively Furthering Fair Housing (AFFH). New component of state law:
Requires jurisdictions analyze and address significant disparities in housing needs and access to opportunity by proposing housing goals, objectives, and policies that aid in replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into 2 270
areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.
New Requirements for the 6th Cycle Housing Element Update Pursuant to recent State legislation, the following items are now required as part of the Housing Element Update process:
• Affirmatively Furthering Fair Housing (AFFH). Assembly Bill 686 (AB 686), passed in 2018, created new requirements for jurisdictions to affirmatively further fair housing. According to AB 686, affirmatively furthering fair housing means to take "meaningful actions, in addition to combating discrimination, which overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics" and is Federally mandated by the 1968 Fair Housing Act. The four main goals are to:
o Address significant disparities in housing needs and in access to opportunity, and
o Replace segregated living patterns with truly integrated and balanced living patterns, and
o Transform racially and ethnically concentrated areas of poverty into areas of opportunity, and
o Foster and maintain compliance with civil rights and fair housing laws. • Public Comment on Draft Revisions. Assembly Bill 215 (AB 215, 2021) requires local governments to make the first draft revision of their housing element update available for public comment for at least 30 days. Further, if any comments are received, a local government must take at least ten additional business days to consider and incorporate public comments into the draft revision before submitting to HCD. HCD must review the draft and report its written findings to the planning agency within 90 days of receiving the first draft submittal for each housing element revision or within 60 days of its receipt for a subsequent draft amendment or adoption.
Penalties for Non-Compliance
In the 6th Cycle, jurisdictions face a number of new consequences for not having a certified Housing Element. Under legislation enacted in recent years, if a jurisdiction does not comply with State housing law, HCD may refer the jurisdiction to the Attorney General.
Significant fines may be imposed if a jurisdiction does not comply with a court order within one year. A court finding a Housing Element inadequate may limit local land use decisionmaking authority until the jurisdiction brings its Housing Element into compliance, or local governments may lose the right to deny certain projects.
Several federal, state, and regional funding programs consider Housing Element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable Communities 3 271
programs, HCD's Permanent Local Housing Allocation (PLHA), Encampment Resolution Fund (ERF), and Community Development Block Grants (CDBG) consider Housing Element compliance pursuant to Government Code section 65400. With a compliant housing element, the City will meet Housing Element requirements for these and other funding sources.
Discussion:
The Housing Element Update includes a set of goals, policies, and implementing programs intended to promote the preservation, rehabilitation, and production of housing throughout the City. Goals are long range, broad, and comprehensive targets that describe the future outcomes the City desires. A policy is a specific instructional guideline that seeks to promote goals. Together goals and policies are implemented through a series of programs that identify specific, quantifiable actions the City will undertake during the 6th Cycle planning period. A summary of Draft Goals, Policies, and Programs can be found in Section F7 of the Housing Element.
Each Housing Element cycle, HCD assigns each region a share of the State's housing need, and the regional government assigns each jurisdiction a share of the Regional Housing Needs Allocation (RHNA). Los Banos' RHNA allocation for the 6th Cycle is 3,132 units, distributed among five income categories, shown in the table below.
Los Banos 2024-2032 RHNA
Income Category (Percent of Merced
County AMI)
• I'' • •
Ve Low 30% to 50% of AMI
Low (51 % to 50% of AMI
Moderate 81% to 120% AMI
Above Moderate >120% if AMI
TOTAL
Number of
Units
375
344
493
566
1,354
3,132
Percent of Total
Units
12%
11%
15.7%
18.1%
43.2%
100%
To meet the City's RHNA, the City identified planned and approved projects (projects already in the development process) and Accessory Dwelling Units (ADUs) which can be credited towards the City's RHNA requirement. With anticipated pipeline projects and projected ADUs, a total of 698 units can be credited toward the City's RHNA. The remaining 2,434 units would be accommodated through adequate sites planned on vacant lots.
The City has identified housing opportunity locations, collectively called the Site Inventory, which are sites that have potential for new residential development within the Housing Element planning period. The Site Inventory identifies 1,313 lower-income units, 522 moderate-income units, and 940 above moderate-income units on 50 sites. In accordance with HCD's default density and size requirements, no sites smaller than onehalf acre in size are used to accommodate lower-income housing. 4 272
Of the identified sites, three are located on land currently occupied by agriculture, while all the other sites are vacant. Since the land is currently zoned for residential uses, the existing agricultural uses are not subject to the Williamson Act. Regional trends indicate a high likelihood of redevelopment of sites with agricultural uses to residential development.
The Site Inventory includes a surplus of 165 lower-income units, giving the City a 14 percent buffer for this income category above the RHNA requirement. The summary of the residential Site Inventory is presented by neighborhood in Table F6-14 (page F6-28).
State Housing Element Law also requires the Housing Element Update identify existing and projected housing needs, housing resources, and constraints to housing production across all income levels, assess fair housing issues, and develop housing. The 2024- 2032 Housing Element includes a Housing Plan that presents strategies and programs to conserve and improve existing affordable housing, maximize housing opportunities throughout the community, assist in the provision of affordable housing, remove governmental and other constraints to housing investment, and promote fair and equal housing opportunities.
Zoning Ordinance Amendment
To implement the Housing Element and State law, staff proposes adding Article 49 to Chapter 3, Title 9 of the Planning and Zoning Code to establish a Regional Housing Needs Assessment (RHNA) Overlay District to the Los Banos Municipal Code. This program has been identified in the Housing Element as Program 3. In accordance with State law (Government Code Section 65583.2), certain housing sites in the City's Housing Element are eligible for by-right approval. This means qualifying housing developments are exempt from CEQA review and may be approved through a ministerial process subject only to design review based on objective standards, no discretionary approvals are required, when the project:
• Includes at least 20 percent of the units affordable to lower-income households; and
• Does not include a subdivision.
Eligible Reuse Sites (No Rezoning Required):
• Vacant sites identified for lower-income housing in the City's 4th and 5th cycle Housing Elements; and
• Non-vacant sites identified for lower-income housing in the 5th cycle Housing Element.
The by-right requirement for these reuse sites became effective January 31, 2024 by State law.
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Additionally, any sites that must be rezoned after the State's Housing Element statutory deadline to meet lower-income housing needs are also subject to by-right approval once rezoned. However, the current site inventory does not include any sites requiring rezoning.
By-Right Approval means the City cannot require a discretionary approval such as a Conditional Use Permit; a Planned Development Permit; or any other discretionary approval considered a "project" under the California Environmental Quality Act (Public Resources Code Section 21100).
Design review may still be conducted, but it must be based on objective standards and remain a ministerial (non-discretionary) process.
A total of 13 sites in the City's Housing Element sites inventory (Table F6-13) are subject to by-right approval, with a combined potential capacity of 1,405 housing.
Address APN Acres Land Use Zoning Existing Total
Use Units
Westminster Way 424010005 28.5 Low Density R-1 Vacant 144 Place Rd 424010006 24.31 Low Density R-1 Agriculture 123 Place Rd 424010006 19.45 Medium Density R-2 AQriculture 272 Canal Farm Ln 428150001 1.77 Medium Density R-2 Vacant 24 Mercey Springs Rd 428030006 1 Medium Density R-2 Vacant 14 7th Street 082420047 0.75 Medium Density R-2 Vacant 10
Westminster Way 424010005 28.5 Medium Density R-2 Vacant 399 Gilbert Gonzalez Jr Dr 083100084 8.48 High Density R-3 Vacant 177 G Street 025114011 0.92 Mixed Use R-C Vacant 13
G Street 025114012 0.92 Mixed Use R-C Vacant 13
Henry Miller Plaza 025072036 4.77 Mixed Use R-C Vacant 71 H Street 025054006 2.02 Mixed Use R-C Vacant 30
San Luis Street 428121012 5.48 HiQh Density R-3 Vacant 115 Total 126.87 1,405
Public Participation
The City of Los Banos provided many opportunities for community members to review and provide feedback on the 2024-2032 Housing Element. The Housing Element was developed with extensive input from the community, including community workshops and a regional survey.
In an effort to provide additional opportunities for public outreach, particularly to address the needs of lower-income and special needs households, and in coordination with the California Department of Housing and Community Development (HCD), the City conducted targeted stakeholder interviews. These interviews aimed to gather comprehensive feedback to identify specific challenges and opportunities in providing affordable housing for these populations.
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The City held a virtual stakeholder interview on December 18, 2024, jointly with the cities of Atwater, Dos Palos, Gustine, and Livingston. The meeting consisted of a discussion on housing needs and fair housing issues to support the fair housing analysis and refine policies and programs within the Housing Plan.
The City invited eight participants from various fair housing services, agencies, and developers. Five participants attended, consisting of representatives from Habitat for Humanity, the Merced County Continuum of Care, United Way, Anabasis LLC, and property owners.
Participants noted that various housing resources are needed in the city, including housing choice vouchers (HGV), farmworker and senior housing, and more opportunities for homeownership.
A general comment among participants included considering climate in building and development applications. This could include solar use for energy consumption and stronger electric vehicle (EV) parking requirements. Additionally, the City should work to remove governmental barriers in the Zoning Code to support developers.
Drafts of the 2024-2032 Housing Element were publicized throughout the entire Housing Element Update process, with public reviews occurring in May 2024, September 2024, February 2025, April 2025, July 2025, and September 2025. The public was invited to submit comments on the Housing Element drafts and comments were reviewed and addressed within the Element.
Environmental Assessment:
Under the provisions of the California Environmental Quality Act (CEQA), Section 15060(c)(2) and 15061 (b)(3), and the City of Los Banos Environmental Guidelines, the City has determined this project will not have a significant effect on the environment and is exempt from CEQA pursuant to the common-sense exemption.
General Plan Consistency:
California Government Code Section 65583(c) requires the Housing Element to maintain internal consistency with other General Plan Elements. The 2024-2032 Housing Element was developed to be consistent with the objectives of the General Plan. To maintain this consistency, at the time any element of the General Plan is amended in the future the County will review and, if necessary, amend the Housing Element to ensure internal consistency is maintained.
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Reviewed by:
Attachments:
1 . Resolution
2. 2024-2032 Los Banos Housing Element
3. HCD Letter - October 6, 2025
4. Draft Ordinance
5. Public Notice - October 24, 2025
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RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING GENERAL
PLAN AMENDMENT NO. 2025-03 TO ADOPT THE
CITY OF LOS BANOS HOUSING ELEMENT OF
THE GENERAL PLAN FOR THE PERIOD OF 2024-
2032
WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.) requires that the City of Los Banos City Council adopt a Housing Element for the eight-year period 2024-2032 to accommodate the City of Los Banos' regional housing need allocation (RHNA) of 3, 132 housing units, comprised of 719 very-low income units, 493 low-income units, 566 moderate-income units, and 1,354 above moderate-income units; and
WHEREAS, to comply with State Housing Element Law, the City of Los Banos has prepared the 6th Cycle 2024-2032 Housing Element in compliance with State Housing Element Law and has identified sites that can accommodate housing units meeting the City's RHNA; and
WHEREAS, the preparation, adoption, and implementation of the Housing Element requires a diligent effort to include all economic segments of the community; and WHEREAS, the City of Los Banos has conducted extensive community outreach including a public workshop on August 31, 2023, a community survey on from March 27 through December 22, 2023, held a series of stakeholder interviews with service providers, residents, and housing developers between August 8, 2023, and August 23, 2023, and held targeted stakeholder interviews on December 18, 2024 with participants from various fair housing services, agencies, and developers; and WHEREAS, in accordance with Government Code Section 65585 (b), on May 13, 2024 to June 12, 2024, the City of Los Banos posted the draft Housing Element and requested public comment for a 30-day review period, and on July 1, 2024, after responding to public comments, the City of Los Banos submitted the draft Housing Element to the State Department of Housing and Community Development (HCD) for its review; and
WHEREAS, the City received preliminary comments from HCD on the Draft Housing Element, and based upon this, the City of Los Banos revised the draft Housing Element to include additional information and data and published a revised draft for public review from September 17, 2024 through September 24, 2024; and WHEREAS, the City received a formal comment letter from HCD in February 2025, and revised the Draft Housing Element to address HCD's formal comment letter, and the 1 277
2nd revised Draft Housing Element was made available for public review from February 24, 2025 to March 3, 2025; and
WHEREAS, the City received preliminary comments from HCD on April 8, 2025, and revised the Draft Housing Element to address HCD's preliminary comments, and revised Draft Housing Element was made available for public review from April 29, 2025 to May 6, 2025; and
WHEREAS, the City received a formal comment letter from HCD on May 13, 2025, and revised the Draft Housing Element to address HCD's formal comment letter, and the 3rd revised Draft Housing Element was made available for public review from July 25, 2025 to August 1, 2025; and
WHEREAS, the City received preliminary comments from HCD on August 27, 2025, and revised the Draft Housing Element to address HCD's preliminary comments, and revised Draft Housing Element was made available for public review from September 19, 2025 to September 26, 2025; and
WHEREAS, the proposed General Plan Amendment is consistent and complementary in purpose, to ensure compliance with State housing laws and continued eligibility for State housing and infrastructure funding; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the proposed actions are exempt from environmental review under Section 15061 (b )(3) (the "common sense exemption") because there is no possibility that the proposed policy and ordinance updates will have a significant effect on the environment, and under Section 15283 (State-mandated Housing Element) because the adoption of a Housing Element and associated rezoning program is required by State law; and
WHEREAS, the City of Los Banos Planning Commission held a duly noticed public hearing on October 22, 2025, received public testimony, and adopted Planning Commission Resolution No. 2025-29, recommending that the City Council adopt General Plan Amendment #2025-03 updating the 2024-2032 Housing Element; and WHEREAS, the City Council held a duly noticed public hearing on November 5, 2025, received and considered all written and oral testimony, and finds the proposed Housing Element Update to be consistent with the City's General Plan and in compliance with State law; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby find and determine as follows:
SECTION 1. CEQA FINDINGS: The City Council finds that the proposed General Plan Amendment is exempt from CEQA pursuant to CEQA Guidelines Sections 15061 (b )(3) and 15283, as the adoption of the Housing Element and implementing zoning provisions will not result in direct or reasonably foreseeable physical environmental 2 278
effects. Future residential development facilitated by these actions will be subject to subsequent project-level CEQA review.
SECTION 2. FINDINGS - GENERAL PLAN AMENDMENT (HOUSING ELEMENT)
1. The proposed 2024-2032 Housing Element Update has been prepared in compliance with Government Code Section 65580 et seq.
2. The Update is consistent with and implements the goals and policies of the Los Banos General Plan.
3. The Update provides adequate sites and policies to meet the City's assigned Regional Housing Needs Allocation for all income levels
4. The Update promotes the public health, safety, and general welfare by planning for a range of housing opportunities, affirmatively furthering fair housing, and facilitating sustainable community growth.
BE IT FURTHER RESOLVED that the City Council of the City of Los Banos does hereby approve the following:
1. General Plan Amendment No. 2025-03 to adopt the 2024-2032 Housing Element incorporated herein by reference.
2. The Community and Economic Development Director is hereby authorized and directed to submit the adopted Housing Element to the California Department of Housing and Community Development for certification and to make any minor technical edits or clarifications as required by HCD to obtain final certification.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 5th day of November 2025, 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:
Michael Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
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Appendix F: City of Los Banos
2024-2032 Merced County
Multi-Jurisdictional Housing
Element Update
October 2025
281
Table of Contents
Table of Contents
Fl Review of Past Accomplishments ...................................................... ...... ................................. Fl-1 Fl.1 Effectiveness in Addressing Special Needs ......................... .......... ........ ........................ Fl-1 Fl.2 Quantified Objectives ........................................................... ........ ................................ Fl-1 Fl.3 Review of Past Accomplishments ............................................ ..................................... Fl-2 F2 Public Participation ...... .......................................................................................................... ... F2-1 F2.l Pop-up Events .. ............................... .............................................................................. F2-1 F2.2 Community Workshops ................................................................................................ F2-1 F2.3 Survey ............................................................................................................................ F2-2 F2.4 Stakeholder Interviews ....... .......................................................................................... F2-2 F2.5 Additional Outreach ........................................................................................ .............. F2-3 F2.6 Response to Community Input ...................................................................... ............... F2-3 F2.7 Public Review ...................................................................... .......................................... F2-5 F2.7.l May 2024 Public Review ......................................................... ...................... F2-5 F2.7.2 September 2024 Public Review ............ .. ...................................................... F2-5 F2 .7.3 February 2025 Public Review ....................................................................... F2-5 F2.7.4 April 2025 Public Review ............. ............................................. .................... F2-6 F2. 7.5 July 2025 Public Review ................................................................................ F2-6 F2.7.6 September 2025 Public Review ............................. ....................................... F2-6 F2.7.7 Public Review Comment Matrix ...... ...... ....................................................... F2-6 F3 Housing Needs Assessment ............ .......................... ................................ ................................ F3-1 F3.1 Population Characteristics ......................... ................. .................................................. F3-1 F3.2 Population Growth ........................................................................................................ F3-1 F3.3 Age Characteristics ........................................................................................................ F3-1 F3.4 Race and Ethnicity ................................................... ............. ......................................... F3-2 F3.5 Economic Characteristics ................................................................. ...... ......... .............. F3-3 F3.6 Household Characteristics .. .......................................................................................... F3-8 F3.7 Large Households ................... .. .. ................................................................................... F3-9 F3.8 Overcrowding .... ................................................. ................... ........................................ F3-9 F3.9 Special Needs Groups ..................... ................. ........................................................... F3-10 F3.10 Housing Stock Characteristics ....................................................... ................ .............. F3-23 F3.11 Distribution of Owner-Occupied Units ................. .. ......................................... ........... F3-30 F3.12 Housing Rents ........... .................................................................................................. F3-31 F3.13 Housing Affordability ..... ........ .......................................................... ........................... F3-32 F3.14 Assisted Housing Units ................................. ............................................................... F3-36 F4 Housing Constraints Analysis .................................................................................................... F4-1 F4.1 Summary of Local Housing Constraints .......................... .......... .................................... F4-1 2024-2032 Housing Element
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Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) F4.2 Non-Governmental Constraints ............................................................................... ..... F4-1 F4.2.1 Land Costs ........................................................ ...... ......... ...................... ........ F4-2 F4.2.2 Construction Costs ............................................ ............................................ F4-3 F4.2.3 Availability of Financing ...... ......................................................... ................. F4-4 F4.2.4 Requests for Lower Development Densities ................................................ F4-6 F4.3 Governmental Constraints ................................ ................. .............. .............. ............... F4-6 F4.3.1 land Use Controls ......................... ........................................ ........................ F4-7 F4.3.2 Residential Development Standards ................ ............................................ F4-9 F4.3.3 Parking ...................................................................................... ................ .. F4-10 F4.3.4 Open Space and Park Requirements .......................................................... F4-10 F4.3.5 Growth Management ........................................ .............................. ........... F4-11 F4.3.6 Density Bonus .......... .................... .. ..... .......... ........................ ................... ... F4-11 F4.3.7 On- and Off-Site Improvement Standards .................................................. F4-13 F4.3.8 Provision of a Variety of Housing Types ..................................................... F4-15 F4.3.9 Housing for Persons with Disabilities ................................................ ......... F4-24 F4.3.10 Planning and Development Fees ................................................................ F4-26 F4.3.11 Permit Types .................................................... ...................... .................. ... F4-28 F4.3.12 Permit Procedures and Processing Times ...................................... ............ F4-31 F4.3.13 State Streamlining ........................................................................ ... ........ ... F4-33 F4.3.14 Short-Term Housing Rentals ....................................................................... F4-34 F4.3.15 Code Enforcement ...................................................................................... F4-34 F4.3.16 Transparency in the Development Process ................................................ F4-35 F4.4 Environmental Constraints ................ ... ...................................................................... F4-35 F4.4.1 Flood .. ................................................................................................. ........ F4-36 F4.4.2 Seismic Zones ............................ .................................................................. F4-36 F4.4.3 Wild land/Urban Fire Hazards ..................................................................... F4-37 FS Affirmatively Furthering Fair Housing (AFFH) .................... ....................................................... FS-1 FS.1 Introduction ....................................... ........................................................................... FS-1 FS.2 Methodology ........................................................................ ......................................... FS-1 FS.3 Data Sources .... ...................... ....................................................................................... FS-4 FS.4 Summary of AFFH Analysis Findings ................................ ................ ............................. FS-4 FS.5 Fair Housing Resources ................................................................................................. FS-4 FS.6 Compliance with Fair Housing Laws .............................................................................. FS-5 FS.6.1 Fair Housing Laws ............................................................... .......................... FS-5 FS. 7 Ability to Address Complaints .......... ............................................................................. FS-6 FS.8 Segregation and Integration Patterns and Trends ........................................................ FS-6 FS.9 Disparities in Access to Opportunities .. ...................................................................... FS-29 FS.10 Disproportionate Housing Needs ..... ................................................................. .. ........ FS-40 FS.11 local Area Knowledge ........................................................................ ......................... FS-50 ii
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FS.12 Subsidized Housing ..................................................................................................... FS-55 FS.13 Housing Site Inventory Analysis .................................................................................. FS-57 FS.14 Contributing Factors and Meaningful Actions ............................................................ FS-73 FS.15 Meaningful Actions to Address Fair Housing Issues ................................................... FS-76 F6 Housing Resources and Site Inventory Analysis ....................................................................... F6-1 F6.1 Regional Housing Needs Allocation .............................................................................. F6-1 F6.2 Meeting the RHNA ........................................................................................................ F6-2 F6.2.1 RHNA Credits ...................................... ................................................. ......... F6-2 F6.3 Summary of RHNA Credits ............................................................................................ F6-6 F6.4 Methodology ................................................................................................................. F6-7 F6.4.1 Suitable Sites for Affordable Housing ........................................................... F6-7 F6.5 Nonvacant Sites ............................................................................................................ F6-7 F6.5.1
F6.5.2
Redevelopment of Existing Uses .................................................................. F6-7 Market Demand ............................................................................................ F6-7 F6.5.3 Adequacy of Nonvacant Sites ....................................................................... F6-8 F6.6 Development Trends ................................................................................................... F6-12 F6.6.1 Realistic Development Capacity .............. ................................................... F6-12 F6.6.2 Likelihood of 100 Percent Nonresidential Uses on Sites ............................ F6-13 F6. 7 Large Sites for Lower-Income Units ............................................................................ F6-15 F6.7.1 Subdivision Processing for Large Sites ........................................................ F6-18 F6.8 Site Inventory .............................................................................................................. F6-18 F6.8.1 Sites Used in Previous Planning Periods ..................................................... F6-27 F6.8.2 Adequacy of Residential Site Inventory in Meeting RHNA ......................... F6-27 F6.9 Availability of Infrastructure and Services .................................................................. F6-28 F6.9.1 Wastewater System .................................................................................... F6-28 F6.9.2 Potable Water System ................................................................................ F6-29 F6.9.3 Storm Water and Drainage ......................................................................... F6-29 F6.9.4 Dry Utilities ................ ................................................................................. F6-29 F6.10 Environmental Considerations .................................................................................... F6-29 F6.11 Opportunities for Energy Conservation ...................................................................... F6-30 F7 Housing Plan ................... .......................................................................................................... F7-1 F7.1 Goals and Policies ......................................................................................................... F7-1 F7.2 Implementing Programs ............................................................................................... F7-3 F7.3 AFFH Actions Summary ............................................................................................... F7-20 F7.4 Quantified Objectives ................................................................................................. F7-29 2024-2032 Housing Element iii
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Merced County Multi-Jurisdictional Housing Element (2024-2032) Tables
Table Fl-1 Quantified Housing Objective and Achieved Accomplishments .............................. Fl-2 Table Fl-2 Review of Past Accomplishments ......................................... ................................... Fl-2 Table F2-1 Summary of Comments and Responses .................................................................. F2-6 Table F3-1 Population Change (2000 - 2021} ................................... ........ ............... ...... ...... ...... F3-1 Table F3-2 Population by Age Group (2021) .............................................................................. F3-2 Table F3-3 Population by Race ................................................................................................... F3-2 Table F3-4 Employment by Industry (2021) .............................. ................................................ F3-3 Table F3-5 Major Employers in Merced County (2024) ............................................................. F3-4 Table F3-6 Occupational Employment and Wages by Major Occupational Group, Merced Metropolitan Area (2023) ........................................................................................ F3-5 Table F3-7 HUD Income Limits by Person per Household (dollars) ........................................... F3-6 Table F3-8 State of California Income Categories ................................................................... ... F3-6 Table F3-9 Median Household Income by Race/Ethnicity (dollars) ... ........................................ F3-7 Table F3-10 Cost Burdened Households by Tenure ...... ............................................................... F3-8 Table F3-11 Overpayment by Tenure (dollars) ...... ...................................................................... F3-8 Table F3-12 Households by Type ................................................................................................. F3-9 Table F3-13 Large Households by Tenure .................................................................................... F3-9 Table F3-14 Overcrowding Severity by Tenure .......................................................................... F3-10 Table F3-15 Senior Households by Tenure ............................................. ......................... .......... F3-10 Table F3-16 Overpayment by Tenure Among Senior Households .............. ............................... F3-11 Table F3-17 Cost Burdened Senior Households ......................................................................... F3-12 Table F3-18 Inventory of Senior Housing ............................................. .. .................................... F3-12 Table F3-19 Population by Number of Disabilities .................................................................... F3-12 Table F3-20 Disability by Age for the Total Population ............................................................. F3-13 Table F3-21 Developmental Disability by Age ................ ........................................................... F3-13 Table F3-22 Developmental Disability by Residence ........................ ......................................... F3-13 Table F3-23 Large Households by Tenure ......... ......... .......... ...................................................... F3-14 Table F3-24 Large Households and Units .................................................................................. F3-15 Table F3-25 Single Female-Headed Households with Own Children ......................................... F3-15 Table F3-26 Female-Headed Family Households by Tenure ..................................................... F3-16 Table F3-27 Extremely Low-Income Households by Tenure ........ ........................ .................... . F3-17 Table F3-28 Extremely Low-Income Households Overpaying by Tenure .................................. F3-17 Table F3-29 Inventory of Public Assisted Complexes, Los Banos .............................................. F3-18 Table F3-30 Farmworker Population ............................. .. .......................................................... F3-20 Table F3-31 Farmworkers in Merced County by Days Worked (2017) ...................................... F3-20 Table F3-32 Unhoused Individuals by Type (2023) .................................................................... F3-21 Table F3-33 Unhoused Individuals by Ethnicity (2023), Merced County ................................... F3-22 Table F3-34 Total Housing Units Over Time (1980 to 2020) ...................................................... F3-23 iv
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Table F3-35 Total Housing Units by Type .................................................................................. F3-24 Table F3-36 Housing Units by Tenure ........................................................................................ F3-25 Table F3-37 Vacancy Status by Type for Total Vacant Units ...................................................... F3-26 Table F3-38 Housing Unit Size ................................................................................................... F3-27 Table F3-39 Total Occupied Housing Units by Year Built.. ......................................................... F3-28 Table F3-40 Substandard Housing Units .................................................................................... F3-29 Table F3-41 Median Housing Value Over Time {1980 to 202) ................................................... F3-29 Table F3-42 Median Housing Value from 2017 to 2021 ............................................................ F3-30 Table F3-43 Owner Occupied Units by Race .............................................................................. F3-31 Table F3-44 Median Gross Rent Over Time, Los Banos ............................................................. F3-32 Table F3-45 Median Rent by Number of Bedrooms .................................................................. F3-32 Table F3-46 Housing Affordability Matrix - Los Banos {2021) .................................................. F3-32 Table F3-47 Cost Burdened Owner-Occupied Households Over Time ...................................... F3-35 Table F3-48 Cost Burdened Renter-Occupied Households Over Time ...................................... F3-35 Table F3-49 Cost Burden by Income and Tenure ....................................................................... F3-35 Table F3-50 Inventory of Public Assisted Complexes - Los Banos ............................................ F3-37 Table F4-1 Listed Land Prices - Los Banos ................................................................................. F4-2 Table F4-2 Sold Land Prices - Los Banos .................................................................................... F4-2 Table F4-3 Estimated Construction Cost... ................................................................................. F4-3 Table F4-4 Estimated Construction Cost. ................................................................................... F4-4 Table F4-5 Site Area Per Dwelling Unit (RM) ............................................................................. F4-8 Table F4-6 Residential Development Standards ........................................................................ F4-9 Table F4-7 Residential Parking Requirements ......................................................................... F4-10 TableF4-8 Residential Use Matrix ........................................................................................... F4-15 Table F4-9 Emergency Shelter Capacity Analysis ............................................................ ......... F4-21 Table F4-10 Residential Development Planning Fees ................................................................ F4-27 Table F4-11 Residential Development Fees ............................................................................... F4-27 Table F4-12 Residential Development Fee Comparison ............................................................ F4-28 Table F4-13 Time lines for Permit Procedures ........................................................................... F4-32 Table F4-14 Typical Processing Procedures by Project Type ............................. ........................ F4-32 Table FS-1 Population by Racial Group (City of Los Banos) ....................................................... FS-7 Table FS-2 Employment Status by Disability Status (City of Los Banos) .................................. FS-15 Table FS-3 Tenure by Household Type and Presence of Children (City of Los Banos) ............ FS-15 Table FS-4 Demographics of Area of High Segregation and Poverty ....................................... FS-23 Table FS-5 Demographics of RCAA .......................................................................................... FS-25 Table FS-6 Cost Burden by Income Category {2015-2019) ...................................................... FS-41 Table FS-7 Large Households (City of Los Banos) .................................................................... FS-42 Table FS-8 Race/Ethnicity of Unhoused Population and Overall Population (City of Los Banos) .................................................................................................. FS-46 2024-2032 Housing Element V
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Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) Table FS-9 Proposed Housing Units by Resource Area ...................................... .. ................. ... FS-58 Table FS-10 Site Inventory by Census Tract Characteristics ...................................................... FS-71 Table F6-1 Los Banos 2024-2032 RHNA ..................................................... ................................ F6-1 Table F6-2 Pipeline Projects ....................................................................................................... F6-4 Table F6-3 Accessory Dwelling Unit Production ................................................................... .. ... F6-6 Table F6-4 Remaining Share of RHNA ........................................................................................ F6-6 Table F6-5 Representative Nonvacant Sites .............................................................................. F6-9 Table F6-6 Redevelopment Trends and Pipeline Projects on Sites with Operational Agriculture ........................................................... ................................................... F6-ll Table F6-7 Los Banos Development Trends .................................................................... ......... F6-12 Table F6-8 Realistic Capacity of Sites by Zoning District... ....................................................... F6-13 Table F6-9 Residential Projects in Zones that allow 100 percent Nonresidential Uses .......... F6-14 Table F6-10 Large Sites with Lower-Income Units ..................................................................... F6-16 Table F6-11 Summary of Recent Developments on Large Sites in San Joaquin Valley ............. F6-16 Table F6-12 Los Banos Site Inventory- Opportunity Sites ........................................................ F6-22 Table F6-13 Sites Used in Previous Planning Periods ................................................................ F6-27 Table F6-14 Adequacy of Residential Site Inventory ............................. .................................... F6-28 Table F7-1 Quantified Objectives 2024-2032 .......................................................................... F7-29 Figures
Figure F3-1 Median Household Income ...................................................................................... F3-7 Figure F3-2 Unhoused Households by Type Over Time, Merced County ................................. F3-21 Figure F3-3 Unhoused Individuals by Type by Race (2023) ...................................................... F3-22 Figure F3-4 Median Contract Rent.. .......................................................................................... F3-31 Figure FS-1 City of Los Banos Neighborhoods ............................................................................ FS-3 Figure FS-2 Percent of Total Non-White Population (City of Los Banos) .................................... FS-8 Figure FS-3 Predominant Populations (City of Los Banos) .......................................................... FS-9 Figure FS-4 Racial Segregation and Integration (City of Los Banos) ......................................... FS-10 Figure FS-5 Disability by Type (City of Los Banos) ......................... .............. .............................. FS-11 Figure FS-6 Percent of Population with a Disability (City of Los Banos) ................................... FS-13 Figure FS-7 Percent of Population with a Disability and Residential Care Facilities (City of Los Banos) .................................................................................................. FS-14 Figure FS-8 Female-Headed Households with Children Present, No Spouse/Partner Present (City of Los Banos) .................................................................................................. FS-18 Figure FS-9 Married Couple Households with Children Present (City of Los Banos) ................ FS-19 Figure FS-10 Median Household Income (City of Los Banos) ..................................................... FS-20 Figure FS-11 Low- and Moderate-Income Population (City of Los Banos) ................................. FS-21 Figure FS-12 Female-Headed Households with Children and Child Care Centers (City of Los Banos) .................................................................................................. FS-22 Figure FS-13 Areas of High Segregation and Poverty (City of Los Banos) ................................... FS-26 vi
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Figure FS-14 Poverty Status (City of Los Banos) ........................................... .............................. FS-27 Figure FS-15 Racially Concentrated Areas of Affluence (City of Los Banos) ............................... FS-28 Figure FS-16 Walkability Index (City of Los Banos) .............. ....................................................... FS-32 Figure FS-17 TCAC Opportunity Areas- Education Outcomes (City of Los Banos) .................... FS-33 Figure FS-18 TCAC Opportunity Areas - Economic (City of Los Banos) ............ ...... .. ................... FS-34 Figure FS-19 CalEnviroScreen 4.0 Percentile Scores (City of Los Banos) .................................... FS-37 Figure FS-20 TCAC Opportunity Areas - Environmental (City of Los Banos) ............................... FS-38 Figure FS-21 SB 535 Disadvantaged Communities (City of Los Banos) ...................................... . FS-39 Figure FS-22 Overpayment by Home Owners (City of Los Banos) .............................................. FS-43 Figure FS-23 Overpayment by Renters (City of Los Banos) ........................................................ FS-44 Figure FS-24 Overcrowded Households (City of Los Banos) ....................................................... FS-45 Figure FS-25 Estimated Displacement Risk (City of Los Banos) .................................................. FS-49 Figure FS-26 City of Los Banos Zoning Map ...... ......... .... .................................... ......................... FS-54 Figure FS-27 Housing Choice Vouchers ....................................................................................... FS-56 Figure FS-28 Housing Opportunity Sites by TCAC Resource Area, Los Banos ............................. FS-59 Figure FS-29 Housing Opportunity Sites by Low and Moderate Income Population, Los Banos ................................................................................ ....... .. ...................... FS-62 Figure FS-30 Housing Opportunity Sites by Overcrowding, Los Banos ....................................... FS-63 Figure FS-31 Housing Opportunity Sites by Overpayment by Renters, Los Banos ..................... FS-64 Figure FS-32 Housing Opportunity Sites by Total Non-White Population, Los Banos ................ FS-67 Figure FS-33 Housing Opportunity Sites by Displacement Risk, Los Banos ................................ FS-68 Figure FS-34 Housing Opportunity Sites by CalEnviroScreen Percentile Score, Los Banos ........ FS-69 Figure F6-1 Pipeline Projects ....................................................................................................... F6-5 Figure F6-2 Los Banos Site Inventory ........................................................................................ F6-21 2024-2032 Housing Element vii
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City of Los Banos
Review of Past Accomplishments
Fl Review of Past Accomplishments
To develop appropriate programs to address the housing issues identified in the 2024-2032 Housing Element (6th cycle), the City of Los Banos has reviewed the housing programs adopted in the 2015- 2022 Housing Element (Slh cycle) and evaluated the effectiveness of these programs in delivering housing services and assistance. Table Fl-1 summarizes the City's progress toward the previous Regional Housing Needs Allocation (RHNA) and Table Fl-2 provides a detailed program level assessment of housing accomplishments over the 5th cycle planning period. Programs that are routine staff functions with no specific actions and no direct City involvement are not continued as housing programs in the 6th Cycle Housing Element.
Fl.1 Effectiveness in Addressing Special Needs
The City of Los Banos was successful in facilitating the development of housing for special needs groups during the 5th Cycle Housing Element. Programs developed for the 5th cycle identified specific solutions to housing for special needs groups such as seniors, homeless, large families, low-income households, and/or persons with disabilities. Program SA focuses on aiding special needs housing development and communities, especially for extremely low-income groups and homelessness. The City was awarded an Encampment Resolution Fund (ERF-R-3) Grant in the amount of $11.8 million under this program to develop 50 tiny homes for people experiencing homelessness or at risk of experiencing homelessness. In addition, the City was awarded Permanent Local Housing Needs Allocation funding. The City will continue to pursue additional funding for permanent and supportive housing for extremely low income individuals and families. In addition, Program 8A encourages work with community-based organizations and developers regarding special needs housing opportunities. To support this, the City is actively working with the Merced County Continuum of Care on a 10-year plan to eradicate homelessness and identify special needs housing alternatives. The City also created a Housing Program Division within the Community and Economic Development Department to provide outreach to individuals and connect and provide information to special needs people needing housing or shelter. Program 88 focuses on providing Zoning Incentives for development of senior housing in specific areas of the community. In addition, the City has adopted discounted development impact fees for age restricted residential development.
The challenges to addressing special needs housing in the previous cycle were the cost of construction and limited contact with farmworker housing developers and farmworkers. The City will continue to apply for funding and connect with developers to increase development opportunities during the 6th cycle. The burden to extend infrastructure and complete on-site/off-site improvements made projects infeasible to construct.
Fl.2 Quantified Objectives
Table Fl-1 summarizes the City's progress toward meeting the previous 5th Cycle Housing Element RHNA, as well as objectives to rehabilitate and conserve/preserve existing housing stock. The City of Los Banos did not reach its 5th cycle RHNA goals in the Extremely Low, Very Low-, Low-, and Moderate-Income categories.
2024-2032 Housing Element Fl-1
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Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) Table Fl -1 Quantified Housing Objective and Achieved Accomplishments New Construction Rehabilitation Preservation (At-Risk Units) RHNA
(2016-2024) Actual Objectives Actual Objectives Actual
Extremely Low-Income 326 100
Very Low-Income 278 41 95 .......... -·-·--·-·····-·-·······•·- Low-Income 431 55 105 so
Moderate-Income 396 21 0
Above Moderate-Income 1049 1617 0
Total 2480 1734 300
Fl.3 Review of Past Accomplishments
Table Fl-2 provides a detailed program-level assessment of housing accomplishments during the 5th Cycle Housing Element planning period.
Table Fl -2 Review of Past Accomplishments
Program Program Objectives Progress and Continued Appropriateness Program 1 - The City shall designate
sufficient land at various densities to
allow for the construction of sufficient
housing to meet its legally adopted
HCD Regional Housing Needs (RHNA)
between 2014 and 2023. The City shall
review, as needed, the amount of land
designated for various residential uses
in conjunction with the amount of and
types of housing produced in the
previous year to determine if any
changes in the General Plan or Zoning
Ordinance may needed to meet the
City's housing needs. A review of the
supply of vacant land and
development patterns over the
preceding year will be incorporated
into each annual evaluation of the
City's implementation of the Housing
Element programs.
Program 1A - Create and maintain an
up to date site inventory detailing the
amount, type and size of vacant and
underused parcels, and assist
developers in identifying land suitable
for residential development.
Fl-2
The objective of this program is
to achieve Goal 1, which is to
provide adequate sites for
residential development and
alternate housing choices at
affordable costs for all
segments of the City.
The objective of this program is
to achieve Goal 1, which is to
provide adequate sites for
residential development and
alternate housing choices at
affordable costs for all
segments of the City.
The Community and Economic
Development Department has reviewed the
supply of vacant land and development
patterns. In October 2022 the City adopted
a General Plan Update that included land
use changes to provide adequate sites for
affordable housing.
Continued Appropriateness: Program 1 is
ongoing and will be revised and
incorporated into the 6th Cycle Housing
Element as Program 2.
The Community and Economic
Development Department updates and
maintains the residential site inventory and
will continue to assist developers in
identifying land suitable for residential
development.
Continued Appropriateness: Program lA is
ongoing and will be revised and
incorporated into the 6th Cycle Housing
Element as Program 2.
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Review of Past Accomplishments
Program Program Objectives Progress and Continued Appropriateness Program 1B - Continue to seek grant
funding from State and Federal
sources to assist in the development
of affordable housing.
Program lC - To facilitate the
development of multifamily housing
affordable to lower-income
households, the City will identify and
rezone approximately 25 acres of
vacant land currently zoned R-1 to the
R-3 zoning district, allowing exclusively
residential uses by right (not requiring
a conditional use permit, planned
development or any other
discretionary approval), containing a
minimum of 16 units per site and a
minimum density of 20 units per acre
by March 2017. The rezoned sites will
be selected from the list of identified
sites within the R-1 zone in Appendix E
of this element and will include only
sites that are no less than one acre
and no larger than 10 acres in size.
Program 10 - To meet the
Unaccommodated Need from the 4th
Cycle identified in Program lC of the
2009-2014 Housing Element and
AB1233 Analysis located in Section 5,
the City will rezone the site(s) listed in
Table V-6 and adopt a General Plan
Amendment (if necessary) to meet the
unaccommodated need of 81 units.
The site(s) will meet the following
criteria:
• Can meet a minimum of 16 units;
• Can meet a minimum density of
twenty (20) dwelling units per
acre; and
• Rezone to a district that permits
residential uses (by right).
Program 2 - Staff will periodically
review the development standards for
the residential zones to identify
standards that may constrain the
development of affordable housing
and housing for special groups, such
as disabled individuals.
2024-2032 Housing Element
The objective of this program is
to achieve Goal 1, which is to
provide adequate sites for
residential development and
alternate housing choices at
affordable costs for all
segments of the City.
The objective of this program is
to achieve Goal 1, which is to
provide adequate sites for
residential development and
alternate housing choices at
affordable costs for all
segments of the City.
The objective of this program is
to achieve Goal 1, which is to
provide adequate sites for
residential development and
alternate housing choices at
affordable costs for all
segments of the City.
The objective of this program is
to achieve Goal 2, which is to
remove governmental
constraints.
The Community and Economic
Development Department is working with
landowners to redesignate land and
develop affordable housing.
Continued Appropriateness: Program 1B is
ongoing and will be revised and
implemented into the 6th Cycle Housing
Element as Program 7.
The adopted General Plan Update has
redesignated sites to allow High Density
Residential {minimum 20 units and
maximum 30 units per acre). In November
2023, the City updated the Zoning Map to
facilitate upzoning in the General Plan.
Rezoning met by-right requirements
pursuant to Government Code 65583.2(h)
and {i), which accommodates 100 percent
of the needs for housing for very low- and
low-income households allocated for which
site capacity was not identified by the site
inventory.
Continued Appropriateness: Program lC is
ongoing and will be revised and
incorporated into the 6th Cycle Housing
Element Program 2 and Program 6.
This program was completed on March 20,
2019.
Continued Appropriateness: Program 10 is
complete and will not be carried over into
the 6th Cycle Housing Element.
The Community and Economic
Development Department is continually
reviewing the City's standards and policies
to identify constraints on affordable
housing and housing for special groups.
Continued Appropriateness: Program 2
reviews are ongoing and will be
incorporated into the 6th Cycle Housing
Element as Program 6.
Fl-3
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Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) Program Program Objectives Progress and Continued Appropriateness Program 2A - Affordable housing
developers often face constraints in
developing affordable housing
projects. One way the City can assist
such developers is by providing fasttrack/priority processing for lowincome and special needs housing projects. This service can encourage
affordable housing development by
allowing developers to go through the
approval and permitting process
quicker keeping costs down and unit
affordable. Options include: Assign a
primary contact for priority housing
developments to assist with all
necessary entitlement and assist
navigating various local departments.
Hold pre-application development
conferences. Provide information
about permit streamlining at the
planning counter, on the City's
website and in other public places to
increase awareness.
Program 2B - Continue to utilize
State funding for first time
homebuyers program .
Program 2C - Actively enforce
Nuisance Ordinance with regard to
abandoned or vacant homes.
Fl-4
The objective of this program is
to achieve Goal 2, which is to
remove governmental
constraints.
The objective of this program is
to achieve Goal 2, which is to
remove governmental
constraints.
The objective of this program is
to achieve Goal 2, which is to
remove governmental
constraints.
The Community and Economic
Development Department has developed a
streamlined permitting process and will be
working with affordable housing
developments as projects are received to
navigate them through the local
development process. The City has been in
the process of creating an enterprise
permitting software, which will launch in
Spring of 2025. This will allow the City to
efficiently identify and streamline
affordable housing permitting. This
software will also allow all departments to
communicate in one space, creating a more
efficient submittal and tracking process.
Continued Appropriateness: Program 2A is
ongoing on a project-by-project basis and
will be revised and incorporated into the 5th
Cycle Housing Element as Program 7.
This is an ongoing program and the City is
actively pursuing future opportunities for
additional state funding sources for the first
time homebuyer program. The City aims to
apply for CDBG and PLHA funding. Forty
percent of funds are to be allocated to
permanent housing. The City will also use
SB 2 funding for first-time home buyer
assistance.
Continued Appropriateness: Program 2B is
ongoing and will be revised and
implemented into the 5th Cycle Housing
Element as Program 12.
This City of Los Banos was awarded CDBG
funding in 2018. This funding was set aside
for Code Enforcement services to help
address enforcement of the Nuisance
Ordinance regarding abandoned or vacant
homes amongst other issues regarding
blight in the community.
Continued Appropriateness: Program 2C is
ongoing and will be revised and
implemented into the 5t h Cycle Housing
Element as Program 9.
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Review of Past Accomplishments
Program Program Objectives Progress and Continued Appropriateness Program 2D - In accordance with
Government Code Section 65589.7,
immediately following City Council
adoption, the City must deliver to all
public agencies or private entities that
provide water and sewer services to
properties within Los Banos a copy of
the 2014-2023 Housing Element. The
City of Los Banos provides water and
sewer services to all residents and
businesses within the City. As such, a
copy of the adopted 2014-2023
Housing Element will be provided to
the applicable Department(s) within
30-days. The City will also establish a
written procedure by the end of 2017
pursuant to Government Code Section
65589.7 to provide water and sewer
service to developments with units
affordable to lower income
households.
Program 2E -To promote continued
opportunity for public engagement,
the City shall conduct an annual
Housing Element review and provide
opportunities for public engagement
and discussion in conjunction with the
State requirement of written review of
the General Plan by April 1 of each
year (per Government Code Section
65400). Use the Planning Commission
and City Council as an avenue for
public input on housing issues and
housing element.
Program 3 - Continue programs for
rehabilitation and encourage the
county-wide CDBG consortium to
apply to the State for funds for
housing rehabilitation on behalf of Los
Banos.
Program 3A - Provide information to
homeowners and nonprofit groups
regarding funding and assistance
programs.
2024-2032 Housing Element
The objective of this program is
to achieve Goal 2, which is to
remove governmental
constraints.
The objective of this program is
to achieve Goal 2, which is to
remove governmental
constraints.
The objective of this program
is to achieve Goal 3,
encourage the maintenance,
improvement and
rehabilitation of the City's
existing housing stock and
encourage the maintenance
and upkeep of existing
affordable housing.
The objective of this program
is to achieve Goal 3,
encourage the maintenance,
improvement and
rehabilitation of the City's
existing housing stock and
encourage the maintenance
and upkeep of existing
affordable housing.
The City of Los Banos is the only water and
sewer provider within the city limits. The
City already has a policy in place to provide
water and sewer service to developments
with units affordable to lower income
households. This program was completed in
2016.
Continued Appropriateness: Program 2D
will be revised and continued in the 6th
Cycle Housing Element as Program 13 to
comply with state law.
The Community and Economic
Development Department each year will be
meeting the requirements of Govt Code
Sec. 65400 with a public hearing process to
engage the input of the community. This
program is completed annually.
Continued Appropriateness: Program 2E
was established as a permanent annual
process in 2016 and will be revised and
continued in the 6th Cycle Housing Element
as Program 11.
The City did not apply for funds through
CDBG during the 5th cycle due to capacity
constraints, but will continue to pursue
CDBG funding for housing rehabilitation in
the 6th cycle.
Continued Appropriateness: Program 3 is
ongoing and will be revised and
implemented into the 6th Cycle Housing
Element as Program 9.
The City will continue to provide
information to homeowners and nonprofit
groups via social media, the City's website,
and utility bills regarding any funding
assistance programs.
Continued Appropriateness: Program 3A is
ongoing and will be revised and
incorporated into the 6th Cycle Housing
Element as Program 9.
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Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032} Program Program Objectives Progress and Continued Appropriateness Program 3B - Monitor at risk units by
establishing and maintaining close
contact with property owners
regarding their long term plan for
projects on an annual basis. Seek
funds to purchase and preserve the
affordability of the units and establish
and implement a proactive tenant
noticing and education strategy.
Program 3C -Establish and
implement a program to reduce,
waive or subsidize local development
fees associated with preservation or
replacement of at-risk units.
Program 3D - The City shall conduct a
Housing Condition Survey. This
Housing Condition Survey will follow
HCD Guidelines. Results of the survey
are to be published on the City's
website and the City will assist the
Housing Authority of the County of
Merced in rehabilitation and targeted
efforts. Actions to be taken following
the results of the Survey include but
are not limited to:
-Apply for HOME and CDBG grant
funds for rehabilitation projects
identified as part of the Survey;
-Contact homeowners identified in the
Survey as having a home qualifying for
the rehabilitation program.
Program 3E - Discourage land division
of sites currently zoned high density
residential. The City shall evaluate and
make a written determination on the
site constraints as a result of a
proposed subdivided site currently
zoned high density residential.
Fl -6
The objective of this program
is to achieve Goal 3,
encourage the maintenance,
improvement and
rehabilitation of the City's
existing housing stock and
encourage the maintenance
and upkeep of existing
affordable housing.
The objective of this program
is to achieve Goal 3,
encourage the maintenance,
improvement and
rehabilitation of the City's
existing housing stock and
encourage the maintenance
and upkeep of existing
affordable housing.
The objective of this program
is to achieve Goal 3,
encourage the maintenance,
improvement and
rehabilitation of the City's
existing housing stock and
encourage the maintenance
and upkeep of existing
affordable housing.
The objective of this program
is to achieve Goal 3,
encourage the maintenance,
improvement and
rehabilitation of the City's
existing housing stock and
encourage the maintenance
and upkeep of existing
affordable housing.
A database has been established and staff
are developing a tenant noticing strategy.
The City has received an Encampment
Resolution Fund Grant from HCD to support
the development of permanent supportive
housing. These funds will be used to build
50 tiny homes.
The City will provide California tenant law
education to the community at City Hall
quarterly. During these symposiums, the
City will discuss housing issues and tenant
rights.
Continued Appropriateness: Program 3B is
ongoing and will be revised and
implemented into the 6th Cycle Housing
Element as Program 8.
City staff works with the City Council to
reduce, waive, or subsidize local
development fees on a case-by-case basis.
A reduction in senior housing Development
Impact Fees was approved by the City
Council on January 15, 2020.
Continued Appropriateness: Program 3C is
ongoing and will be revised and
implemented into the 6th Cycle Housing
Element as Program 7 and Program 8.
This program was completed on March 17,
2019.
Continued Appropriateness: Program 3D
was established as a permanent process in
2019 and will be revised and continued in
the 6th Cycle Housing Element as Program 9.
The Community and Economic
Development Department discourages the
land division of sites zoned high-density
residential and will provide an evaluation of
site constraints as a result of any proposed
subdivided high-density sites.
Continued Appropriateness: Program 3E is
ongoing and will be revised implemented
into the 6th Cycle Housing Element as
Program 3 and Program 6.
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City of Los Banos
Review of Past Accomplishments
Program Program Objectives Progress and Continued Appropriateness Program 4 - Continue to enforce State
energy conservation requirements
such as Title 24 of the Building Energy
Efficiency Standards for new
residential projects and encourage
residential developers to employ
additional energy conservation
measures with respect to: subdivision
design, siting of homes on the lot,
landscaping, and solar access.
Program 4A- Promote standards that
promote passive solar heating,
overhangs on south facing windows,
planting of deciduous trees on the
west and south.
Program 5 - Evaluate Zoning Map to
ensure that higher density zoning is
adjacent to services and transit and
make changes, if necessary, also work
with developers on future
developments to ensure close
proximity of services to higher density
residential uses.
Program SA- Extremely Low-Income
Housing Development Funding.
Coordinate with developers, nonprofit housing agencies, and County, State, and Federal Agencies to obtain
available sources of funding for the
development of affordable housing
units. The City's Community and
Economic Development Department
shall coordinate with the Housing
Authority of the County of Merced to
research and pursue potential funding
opportunities, process applications,
and manage funds received for the
development of affordable housing.
Specific emphasis shall be placed on
the development of extremely lowincome housing through a variety of activities, including annual outreach to
affordable housing developers,
providing technical and/or financial
assistance through identifying grant
and/or loan programs and providing
expedited processing of applications
for the development of housing for
extremely low-income households.
2024-2032 Housing Element
The objective of this program
is to achieve Goal 4, achieve
energy efficiency in housing
activities.
Standard Conditions of Approval have been
incorporated into each residential
entitlement requiring these requirements.
Continued Appropriateness: Program 4 is
updated as new information becomes
available and will additionally be
incorporated in Program 9.
- -- --· ---- ·- - ---------------
The objective of this program
is to achieve Goal 4, achieve
energy efficiency in housing
activities.
The objective of this program
is to achieve Goal 5, ensure
that all residents have access
to housing.
The objective of this program
is to achieve Goal 5, ensure
that all residents have access
to housing.
Standard Conditions of Approval have been
incorporated into each residential
entitlement requiring these requirements.
Continued Appropriateness: Program 4A is
a permanent process and will be revised
and incorporated into the 6th Cycle Housing
Element as Program 9.
The Community and Economic
Development Department continually
evaluates existing higher-density
residential uses in relation to the proximity
of services and transit and makes changes
as necessary.
Continued Appropriateness: Program 5 is
evaluated as necessary and will be revised
and incorporated into the 6th Cycle Housing
Element as Program 1.
The City is continuously pursuing funding
sources for the development of affordable
housing units and coordinates with
nonprofit housing agencies and
government agencies to obtain any sources
of funding.
The City has partnered with Merced County
and the Merced City Continuum of Care on
Project Roomkey, to provide 60 extremely
low-income (ELI) individuals with
transitional housing for up to 18 months.
The City was also awarded Permanent
Local Housing Needs Allocation (PLHA)
funding for homeless or those at risk of
experiencing homelessness. Through the 5-
year plan (2019-2024), PHLA has worked
with Mission Merced to operate two
emergency shelters in Los Banos, which
shelters approximately 20 people each day.
Additionally, the City was awarded an
Encampment Resolution Fund Grant from
HCD, which will allow the City to provide
land to build 50 tiny homes. The City will
continue to apply for additional funding for
permanent and supportive housing for
extremely low-income individuals and
families.
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Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) Program Program Objectives Progress and Continued Appropriateness Program SB - Establish and implement
a Reasonable Accommodation
Ordinance.
Program SC - The City will work with
the Merced County Housing Authority
to provide fair housing services to its
residents and property owners by
distributing educational materials to
property owners, apartment
managers, and tenants, making public
service announcements via different
media (e.g., newspaper ads and public
service announcements at local radio
and television channels}, responding
to complaints of discrimination (i.e.,
in-taking, investigation of complaints,
and resolution) and referring services
to appropriate agencies.
Program SD - The City shall refer
residents to the Central Valley
Regional Center for housing and
services available for persons with
developmental disabilities. Provide
information on services on the City's
website. As available, the City will
pursue State and federal monies for
direct support for housing
construction and rehabilitation
specifically targeted for housing for
persons with developmental
disabilities.
Program 6 - Continue to maintain
programs providing assistance for first
time homebuyers.
Fl-8
The objective of this program
is to achieve Goal 5, ensure
that all residents have access
to housing.
The objective of this program
is to achieve Goal 5, ensure
that all residents have access
to housing.
The objective of this program
is to achieve Goal 5, ensure
that all residents have access
to housing.
The objective of this program
is to achieve Goal 6, increase
the percentage of
homeowners in the City and
provide adequate
information on all possible
housing assistance programs
and distribute to
homeowners, developers
and other residents.
Continued Appropriateness: Program SA is
ongoing and will be revised and
implemented into the 6th Cycle Housing
Element as Program 7.
The Reasonable Accommodation Ordinance
was established on March 18, 2020.
Continued Appropriateness: Program SB is
complete and will not be carried into the
5th Cycle Housing Element.
The City will assist the Merced County
Housing Authority as stated in Program SC.
Continued Appropriateness: Program SC is
ongoing and will be revised and
implemented into the 6th Cycle Housing
Element as Program 12.
The City will continue to refer residents and
provide information on services for persons
with developmental disabilities. The City
will pursue funding opportunities for
housing construction and rehabilitation
specifically targeted for housing for persons
with disabilities.
Continued Appropriateness: Program SD is
ongoing and will be revised and
incorporated into the 6th Cycle Housing
Element as Program 10.
The City will continue to maintain programs
providing assistance for first-time
homebuyers. The City will continue to
apply for various funding sources to assist
first-time homebuyers.
Continued Appropriateness: Program 6 is
ongoing and will be revised and
incorporated into the 6th Cycle Housing
Element as Program 12.
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City of Los Banos
Review of Past Accomplishments
Program Program Objectives Progress and Continued Appropriateness Program 7 - Maintain contact with
owners of affordable rental properties
and provide information relating to
maintenance and rehabilitation.
Program 7 A- Continue with funding
programs established for
rehabilitation targeting affordable
rental units.
Program 8- In cooperation with
private developers, non-profit housing
corporations, Merced County, and
other interested entities to apply for
and utilize State and Federal funding
to assist with projects for special
needs housing. In addition, the City
shall review and update, if necessary,
the Los Banos Municipal Code to
ensure the definition of special needs
housing to ensure the definition is
consistent with the United States
Department of Housing and Urban
Development and the California
Department of Housing and
Community Development.
Program 8A - Work with community
based organizations and developers
with regard to special needs housing
and information on emergency
shelters. The City shall contact
community based organizations on a
semi-annual basis regarding
opportunities for special needs
housing and information on
emergency shelters.
Program 8B - To ensure the needs of
aging residents are met, the City will
permit the development of senior
housing in specific areas of the
community, including residential and
commercial zones at higher densities
than are traditionally allowed. Zoning
Incentives will be given for senior
. _ housing development such as reduced_
2024-2032 Housing Element
The objective of this program
is to achieve Goal 7, maintain
an adequate percentage of
affordable rental units within
the City to accommodate all
income
The objective of this program
is to achieve Goal 7, maintain
an adequate percentage of
affordable rental units within
the City to accommodate all
income.
The objective of this program
is to achieve Goal 8,
encourage new development
projects for special need
groups.
This is an ongoing effort. Contact with
owners of affordable rental properties is
maintained and information in regard to
maintenance and rehabilitation is available.
Continued Appropriateness: Program 7 is
ongoing and will be revised incorporated
into the 5th Cycle Housing Element as
Program 9.
The City has maintained programs for this
purpose and is active in doing so.
Continued Appropriateness: Progra m 7A is
ongoing and will be revised and
implemented into the 5th Cycle Housing
Element as Program 9.
The City continues to cooperate with
developers and encourage special needs
housing in the City of Los Banos. The
Community and Economic Development
Department has completed the update of
housing definitions on March 18, 2020.
The City is continuing to pursue funding for
special needs housing, and is in
communication with several developers
through an open ended Request for Quote
(RFQ). The City is also looking to apply for
future funds through HCD's Affordable
Housing and Sustainable Communities
funds.
Continued Appropriateness: Program 8 will
be revised and incorporated into the 5th
Cycle Housing Element as Program 10. ----
The objective of this program
is to achieve Goal 8,
encourage new development
projects for special need
groups.
The objective of this program
is to achieve Goal 8,
encourage new development
projects for special need
groups.
The City of Los Banos is actively working
with the Merced County Continuum of Care
on a 10-year plan to end homelessness and
special needs housing alternatives. The City
has created a Housing Program Division
within the Community and Economic
Development Department to provide
outreach to individuals and connect and
provide information to special needs
people needing housing or shelter.
Continued Appropriateness: Program 8A is
ongoing and will be revised and
incorporated into the 5th Cycle Housing
Element as Program 10.
The program is implemented on a case-bycase basis as senior projects are received.
Continued Appropriateness: Program 8B is
implemented on an as needed basis and
will be revised and implemented into the
5th Cycle Housing Element as Program 5
and Program 7.
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298
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) Program Program Objectives Progress and Continued Appropriateness parking standards, reduced unit sizes,
increased heights, and increased
maximum lot coverage. As senior
housing projects are received, the City
will hold pre-application meetings to
discuss opportunities for higher
densities and zoning incentives to
maximize the potential for each
project. This program will be
completed on a case-by-case basis.
Program 8C -Assist in the
development of housing for farm
workers. Actions will include
assistance with site identification and
support of applications for funding.
The City shall provide technical
assistance when needed and continue
to conduct pre-application
conferences and meet with farm
worker housing developers on an
ongoing basis. Actions include:
-Post information on the Community
and Economic Development
Department website within 1-year of
Housing Element adoption.
Information includes a site inventory
and available land, housing resources
and grant information.
-Contact farm worker housing
developers to determine interest and
identify constraints to farm worker
housing development within the City.
Program 8D - The City will work with
the agricultural community, housing
providers and agricultural groups to
develop and build year-round and
seasonal agricultural worker housing.
This will require an analysis of prime
agricultural areas in the City to
identify suitable locations for at least
20 units of farm worker housing.
Information gathered from this
analysis shall be provided, in
conjunction with Program 8C, to
agricultural and affordable housing
developers in a manner conducive to
their use for developing the actual
units. In addition, the City shall invite
developers and local farm worker
organizations to be in valved in the
Housing Element update and other
housing related activities.
Fl-10
The objective of this program
is to achieve Goal 8,
encourage new development
projects for special need
groups.
The objective of this program
is to achieve Goal 8,
encourage new development
projects for special need
groups.
The City continues to assist in the
development of housing for farm workers.
Information will be posted on the City's
website to include information for
farmworker housing developers. The City
has not yet contacted farmworker housing
developers to determine constraints to
farmworker housing development but will
aim to complete during the 5th cycle.
Continued Appropriateness: Program 8C is
ongoing and will be revised and
implemented into the 5th Cycle Housing
Element as Program 3 and Program 10.
The City continues to assist in the
development of housing for farm workers
and will invite developers and local farm
worker organizations to be involved in
future Housing Element Updates and
related housing activities. The City has not
yet taken steps to build year-round and
seasonal agricultural worker housing, but
will roll this action over to the 5th cycle.
Continued Appropriateness: Program 8D is
ongoing and will be revised and
implemented into the 5th Cycle Housing
Element as Program 3 and Program 10.
299
City of Los Banos
Review of Past Accomplishments
Program Program Objectives Progress and Continued Appropriateness Program 8E -The City will encourage
and support State and Federal funding
applications for farm worker housing
and supportive infrastructure by
providing technical assistance when
needed and continue to conduct preapplication conferences and meet with farm worker housing developers
on an ongoing basis. Technical
assistance can include but is not
limited to information gathering, peer
review of State and Federal funding
applications and assistance in finding
suitable sites for farm worker housing.
Additionally, the City will provide
information on County farm worker
housing through the Housing
Authority of Merced County.
Program 8F - The City will amend Title
9, Chapter 3 to allow for the location
of Single Room Occupancy (SRO) uses
as a conditional use in the High
Density Residential District (R-3) and
adopt development standards that
allow and accommodate the inclusion
of new SROs. Development standards
may include:
• Ensure development standards
that do not constrain the
development of SROs, the City will
adopt development standards that
include:
□ Requirements for a
management plan outlining
policies and procedures;
□ 24- hour on-site management;
□ Room limitation to single
occupancy, with allowance for
overnight guests;
□ Units must be 250-300 square
feet in size and include kitchen
or bathroom; and
□ Parking ratio of one space per
unit and bicycle rack storage of
one rack per 5 units
2024-2032 Housing Element
The objective of this program
is to achieve Goal 8,
encourage new development
projects for special need
groups.
The objective of this program
is to achieve Goal 8,
encourage new development
projects for special need
groups.
The City has not yet completed fund ing
applications for farm worker housing and
supportive infrastructure.
Continued Appropriateness: Program SE is
ongoing and will be revised and
incorporated into the 6th Cycle Housing
Element as Program 7 and Program 10.
Program 8F was completed on December 2,
2020.
Continued Appropriateness: Program SF is
complete. Program 6 will address needs
and constraints identified in the 6th Cycle
Housing Element.
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Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) Program Program Objectives Progress and Continued Appropriateness Program 8G - The City will review and
amend, if necessary, Title 9, Chapter 3,
Article 23:
Site Plan Review to ensure the
Planning Commission criteria for
approval and findings are not a
constraint to the development of
housing requiring Site Plan Review.
Program 8H - The City will review and
amend, if necessary, Title 9, Chapter 3
to ensure that Transitional and
Supportive Housing complies with
Senate Bill 2. If necessary, the City
shall amend the Zoning Ordinance to
permit Transitional and Supportive
Housing as a residential use in all
zones allowing residential uses and
only subject to those restrictions that
apply to other residential dwellings of
the same type in the same zone. In
addition, the City shall amend Article
2: Definitions to include Transitional
and Supportive Housing and Target
Population, per Senate Bill 745.
Program 81- The City will review and
amend, if necessary, Title 9, Chapter 3
to ensure Housing for Farm workers is
consistent with the Employee Housing
Act (Health and Safety Code Section
1700 et. seq.), specifically, Sections
17021.5 and 17021.6.
Fl-12
The objective of this program
is to achieve Goal 8,
encourage new development
projects for special need
groups.
The objective of this program
is to achieve Goal 8,
encourage new development
projects for special need
groups.
The objective of this program
is to achieve Goal 8,
encourage new development
projects for special need
groups.
Program 8G was completed on December
2, 2020. Amendments to Title 9, Chapter 3,
Article 23 include:
• Updates for reasonable accommodation
• Established procedures for reasonable
accommodation requests
• Zoning updates for single-room
occupancy facilities (SROs)
• Zoning code update for High-Density
Residential district to allow SROs
• Addition of emergency shelters
Continued Appropriateness: Program 8G is
complete and will not be carried over into
the Gth Cycle Housing Element.
Program 8H was completed on March 18,
2020.
Continued Appropriateness: Program 8H is
complete. Program 6 will address special
needs housing constraints identified in the
61h Cycle Housing Element.
Program 81 was completed on December 2,
2020.
Continued Appropriateness: Program 81 is
complete. Program 6 will address special
needs housing constraints identified in the
61h Cycle Housing Element.
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City of Los Banos
Public Participation
F2 Public Participation
The Housing Element must reflect the values and preferences of the community. Government Code Section 65583(c){8) states that the local government must make "a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element." This process not only includes community members, but also participation from local stakeholder groups. Accordingly, there were several public engagement efforts conducted at a regional level, including a community survey and stakeholder interviews. These efforts are described in Chapter 1, Introduction and Regional Collaboration. This section documents the efforts the City of Los Banos made to engage the public and gather input to inform development of this Housing Element update. Feedback from the City of Los Banos' outreach events helped shape the priorities and objectives of the Housing Element Update.
F2. l Pop-up Events
At the City's Merced Mercado on May 4, 2023, City staff distributed flyers with links to project's website and survey to increase community awareness of the Housing Element process and encourage participation.
F2.2 Community Workshops
A workshop on the Housing Element was hosted in Los Banos on August 31, 2023. Flyers advertising the workshops were distributed by the City of Los Banos in advance of the workshop series to encourage public attendance and participation. The flyers provided meeting details (dates, times, locations, Zoom links for those unable to attend in person), the Housing Element Update website and email list, and were bilingual (English and Spanish).
The workshop consisted of an informative PowerPoint presentation on housing sites, a questionnaire about the proposed sites, and a Q&A and public discussion period. The workshop activities invited participants to share their opinions on what makes their neighborhood great, their experience finding housing, and reasons it is difficult to find housing in their communities. Residents took part in a sticker activity to rank the most effective housing programs and were given an opportunity to comment on the selected housing opportunity sites. The PowerPoint presentation was available in Spanish via written translation and live Spanish translation was available upon request.
Through their feedback, participants prioritized housing rehabilitation and a wider variety of housing types. They hoped to find housing closer to work and essential services.
Key findings from the workshops are as follows:
• When looking for housing, residents care about walkability, neighborhood schools, parks, and transportation.
• Housing rehabilitation and repair, the provision a variety of housing types in new development, homelessness prevention and housing, and homeownership opportunities were all high priorities for residents in Los Banos.
• Difficulty to buy a home was the most voted housing difficulty in Los Banos. This was followed by difficulty to locate type of housing needed and rent affordability or increases. 2024-2032 Housing Element F2- l
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Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) F2.3 Survey
The County conducted a community survey to inform the 6th Cycle Housing Element update. The survey was made available from March 27 through December 22, 2023. The survey was also made available during various community outreach events. The survey consisted of 16 questions and used different formats for questions: checkbox, ranking, and open-ended questions. A total of 172 people responded to the survey. Of these, eight respondents either live, work, attend school, or own a business or property in Los Banos.
The input provided by the respondents included the following major themes:
■ Affordability is the most important aspect when looking for new housing, followed by close to resources such as commercial, medical facilities, and work and school, and quality and size of housing. Safe neighborhoods were also noted as important when searching for housing.
Respondents want housing near public transit stops, employment, and shopping centers. ■ The largest barriers to affordable desirable housing are the cost of housing and the limited supply of affordable housing. Respondents also noted the lack of well-paying jobs to be able to afford housing.
■ In addition to affordability and availability of housing, respondents noted that homelessness, overcrowding, and housing quality were also urgent issues in the Merced County region. ■ Respondents would like to see programs related to housing vouchers, homebuyer loan counseling services, landlord/tenant mediation services, and home rehabilitation assistance. ■ Housing with three or more bedrooms and housing with one or two bedrooms are the most needed housing in the region.
■ In Los Banos participants suggested new housing development near Walmart, on vacant lots, and near Hostetler, Stonefield Homes, and Ranchwood Park.
Full survey results can be found in Appendix 1 to the Regional Housing Element, Community Survey Results.
F2.4 Stakeholder Interviews
The City also participated in a series of stakeholder interviews with service providers, residents, and housing developers held between August 8, 2023, and August 23, 2023 as part of the greater regional public participation efforts. Housing groups and service providers that service the needs of Los Banos residents included Project Sentinel, Faith in the Valley, United Way of Merced County, and Merced County Workforce Investment. Much of the discussion was focused on countywide needs and issues for special needs groups, including low-income households, seniors, persons with disabilities, and renters. A complete summary of the stakeholder interviews can be found in Chapter l, Introduction, to the Regional Housing Element. Key findings included:
■ Service providers stated there is a need for affordable housing throughout the county with access to resources.
■ Residents expressed that rental units need maintenance and repair. ■ Additional housing services are needed throughout communities in the county include transitional housing, rental assistance, first-time homebuyer assistance, and education on tenants' rights.
F2-2
303
City of Los Banos
Public Participation
• Residents expressed concern over the high cost of housing, particularly for renters. • Residents identified a need for more community engagement efforts that allow residents to participate in a meaningful way, including workshops and translation services during outreach events.
F2.5 Additional Outreach
In an effort to provide additional opportunities for public outreach, particularly to address the needs of lower-income and special needs households, and in coordination with the California Department of Housing and Community Development (HCD), the City conducted targeted stakeholder interviews. These interviews aimed to gather comprehensive feedback to identify specific challenges and opportunities in providing affordable housing for these populations.
The City held a virtual stakeholder interview on December 18, 2024, jointly with the cities of Atwater, Dos Palos, Gustine, and Livingston. The meeting consisted of a discussion on housing needs and fair housing issues to support the fair housing analysis and refine policies and programs within the Housing Plan. The questions asked to participants included:
• What are specific housing needs for lower-income and special needs households within the community?
• Are there special needs groups/populations within the jurisdiction that are lacking affordable housing/support services?
• What barriers do residents in low-income neighborhoods face when trying to access affordable housing?
■ What services are most requested by renters? Homeowners? ■ What additional supportive services (e.g., job training, mental health support, childcare) are most needed in the jurisdiction to help residents maintain stable housing and improve their quality of life?
The City invited eight participants from various fair housing services, agencies, and developers. Five participants attended, consisting of representatives from Habitat for Humanity, the Merced County Continuum of Care, United Way, Anabasis LLC, and property owners.
Participants noted that various housing resources are needed in the city, including housing choice vouchers (HCV), farmworker and senior housing, and more opportunities for homeownership.
A general comment among participants included considering climate in building and development applications. This could include solar use for energy consumption and stronger electric vehicle (EV) parking requirements. Additionally, the City should work to remove governmental barriers in the Zoning Code to support developers.
F2.6 Response to Community Input
During community outreach, community members identified the following overarching themes regarding housing in Los Banos. The following is a summary of how each theme is addressed in the Housing Element.
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Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) Need more affordable housing for both renters and buyers.
The City will accommodate at least 1,778 units affordable to very low-, low-, and moderate-income households. The City will accommodate these units on sites that are currently vacant or underutilized.
Housing Program 5 includes actions to encourage the development of at least 40 accessory dwelling units (ADUs) during the planning period by creating standard plans and streamlining the permit process. ADUs often provide relatively affordable rental options.
Through Housing Program 7, the City will expand multi-family development by contacting non-profit and private developers to facilitate the production of affordable housing as well as pursue funding opportunities available at the local, regional, state and federal levels. Multi-family housing provides affordable housing options to add to the city's housing stock.
There are 584 housing units in Los Banos that are deed restricted as affordable housing for lowerincome households. Although these are not at immediate risk of conversion, under Program 8, the City will work to preserve these units as affordable housing and will proactively monitor all other units to encourage continued affordability beyond existing covenants and work proactively with owners of affordable units to assist in rehabilitation needs.
Support for transit-oriented development and increasing density in areas with existing services.
Housing opportunity sites were prioritized by location, including proximity to transit, job centers, and community services. Site selection focused heavily on infill development of vacant and nonvacant sites along strategic corridors and in neighborhoods with existing services.
Housing Program 1 directs the City to collaborate with other jurisdictions on housing efforts, including funding opportunities, best practices, and other efforts to address housing, transit, economic development, and homeless issues in Merced County. This Program includes participation in the Merced County Association of Governments (MCAG) to manage and implement regional transit services, including an annual community workshop to identify transportation needs for Atwater residents.
Need for rental assistance for low-income families and rent-restricted housing.
Housing Program 10 directs the City to assist in the development of housing to meet the needs of extremely low-, very low- and low-income households and special needs households. The City will continue to work with the Housing Authority of the County of Merced to provide housing choice vouchers (HCVs), public housing, project-based vouchers, and farmworker housing centers. Starting in 2025, the City will annually conduct an outreach event for landlords on the HCV program, with a goal of seven events during the planning period.
Need to increase the variety of available rental and for sale housing types, including apartments and town homes, and more options for three-bedroom units.
In order to facilitate a variety of housing types, especially housing for lower-income households and those with special needs, the City will remove constraints on housing development by amending the Zoning Code through Housing Program 6.
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Through Housing Program 7, the City will facilitate multi-family housing development by contacting non-profit and private developers to facilitate the production of affordable housing and pursue funding opportunities available at the local, regional, state and federal levels. Multi-family housing will increase the variety of available rental and for-sale housing types.
Need for housing rehabilitation services homeowners with aging housing stock and those with flood damage.
Housing Program 9 directs the City to utilize various programs and community partnerships to encourage the rehabilitation of housing units, as well as maintaining the supply of affordable housing. If feasible, the City will apply for one funding opportunity for residential rehabilitation assistance annually.
Need increased education on housing rights and legal resources for tenants and landlords.
Under Housing Program 12 the City will continue to partner with the Housing Authority of the County of Merced to provide fair housing information and resources to residents and housing providers. Educational flyers and factsheets will be distributed and shared on the City's website, and annual staff trainings will start in 2025 on how to refer residents for fair housing complaints.
F2.7 Public Review
F2.7 .1 May 2024 Public Review
The Draft Multi-Jurisdictional Housing Element was available for public review for the required 30 days, from May 13, 2024 to June 12, 2024. The City notified interested~parties via~email andthe complete document was posted on the project website (https://mercedmihe.com/). The draft Housing Element was also published on the City's website.
F2.7 .2 September 2024 Public Review
Following the formal submittal to HCD on July 1, 2024, the City received preliminary comments from HCD on the Draft Housing Element. The City revised the Draft Housing Element based on HCD's preliminary comments and posted the revised Draft Housing Element from September 17 through September 24 on the project website, City's website, and notified interested parties via email. The City received two comment letters during the Public Review Period, summarized in Table F2-1, below.
F2.7.3 February 2025 Public Review
The City Revised the Draft Housing Element to address HCD's formal comment letter. The 2nd Revised Draft Housing Element was available for public review from February 24, 2025 to March 3, 2025. The City notified interested parties via email and the complete document was posted on the project website (https://mercedmjhe.com/). The draft Housing Element was also published on the City's website. The City received one comment letter during the Public Review Period, summarized in Table F2-l, below.
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Merced County Multi-Jurisdictional Housing Element (2024-2032) F2.7.4 April 2025 Public Review
The City Revised the Draft Housing Element to address HCD's preliminary comments on the 2nd Revised Draft Housing Element. The revised draft was available for public review from April 29, 2025 to May 6, 2025. The City notified interested parties via email and the complete document was posted on the project website (https://mercedm jhe.com/). The draft Housing Element was also published on the City's website. The City received one comment letter during the Public Review Period, summarized in Table F2-1, below.
F2.7.5 July 2025 Public Review
The City Revised the Draft Housing Element to address HCD's comments on the 3rd Revised Draft Housing Element. The revised draft was available for public review from July 25, 2025 to August 1, 2025. The City notified interested parties via email and the complete document was posted on the project website (https:ljmercedm jhe.com/). The draft Housing Element was also published on the City's website. The City received one comment letter during the Public Review Period, summarized in Table F2-l, below.
F2.7.6 September 2025 Public Review
The City Revised the Draft Housing Element to address HCD's preliminary comments on the 3rd --- Revised Draft Housing Element. The revised draft was available for public review from September 19, 2025 to September 26, 2025. The City notified interested parties via email and the complete document was posted on the project website (https://mercedm jhe.com/). The draft Housing Element was also published on the City's website. No comments were received. f2.7.7 Publ_ic Review Comment Matrix
A comment matrix with comments received and City responses is provided in Table F2-1 below.
Table F2-1 Summary of Comments and Responses
Comment Theme Comment Response
N/A
Public Review Period
Site Inventory
Site Inventory
Site Inventory
F2-6
Comment regarding ownership of a
particular site.
Comment requesting the September
Public Comment Period be extended from
seven days to 30 days. Comments
regarding existing use and parcel size of
specific sites in the Site Inventory.
Comment noting discrepancies in the
numbering of sites in the Site Inventory
tables and figures.
Comment requesting to include a program
to prezone sites within the City's sphere
of influence to designate them for
residential use.
This comment is acknowledged but does not
relate to the Housing Element.
The City reviewed existing uses and parcel size
of sites referenced in the comment. Several
sites previously listed separately (comprising of
single parcels with split zoning) were
consolidated to provide clarity on total parcel
size of the referenced sites.
Several sites previously listed separately
(comprising of single parcels with split zoning)
were consolidated for clarity. The Site
Inventory figure and tables have been updated
to be consistent with one another.
The Site Inventory does not include any sites
outside of city limits and none ofthe sites in
the Site Inventory require rezoning, as all sites
are currently zoned for residential use. The
Housing Element identifies adequate capacity
on sites within city limits that are appropriately
-- · ______ zoned to acco!11modate housing; therefore,
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Comment Theme Comment Response
there is no need to designate additional
residential capacity within the sphere of
influence. ---------------· ---·-··-----·-
Public Participation
Site Inventory
Comment stating the City did not contact
or consult landowners of sites in the Site
Inventory.
Comment noting discrepancies with sites
in the Site Inventory, specifically that the
Site Inventory lists fully developed sites as
pipeline projects and nonvacant sites with
existing agricultural uses.
2024-2032 Housing Element
The City provided a variety of opportunities for
community members and interested parties to
participate and provide feedback throughout
the Housing Element update process. The City
reached out to a variety of individuals,
including representatives of major developers
that work and own land throughout Merced
County. Developers were invited to participate
in a focus group discussion held on August 9,
2023, to provide input on the development of
the Housing Element update. Regardless of
whether developers choose to participate in
this focus group meeting, representatives
continued to be invited to participate in other
outreach opportunities and were informed
when each draft of the Housing Element was
made available for Public Review.
In response to this comment, the City reviewed
and revised the Site Inventory and pipeline
projects. Three sites previously included in the
Site Inventory were removed and included as
pipeline projects to reflect residential
developments on these sites that have received
entitlement approvals. In addition, the pipeline
projects list was revised to update the current
status of each project. The revised list of
pipeline projects includes nine residential
development projects that are currently in
progress. One project has been fully built out,
five projects have received entitlement
approvals and are currently in the process of
obtaining building permits, one project has
received Tentative Map approval and is on
track for Final Map approval, one project has
submitted applications for entitlements and is
currently under review, and one project is in
the planning phase. The City anticipates that all
nine projects will be completed by the end of
the planning period.
With these revisions, none of the sites in the
Site Inventory are built out. Several sites have
received property owner interest in residential
development, but these sites have not received
any entitlement approvals. One pipeline
project is fully built out and was completed
during the current planning period.
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Merced County Multi-Jurisdictional Housing Element (2024-2032) Comment Theme Comment Response
Site Inventory
Programs
Public Participation
F2-8
Comment noting some sites in the Site
Inventory are partially or fully built out.
Recommendation to add a program to
prezone parcels in the City's sphere of
influence.
Comment regarding lack of outreach to
landowners and lack of City response to
previous public comments on the draft
Housing Element. Request to extend the
public review period for an additional 45
days.
The City has reviewed and revised the Site
Inventory to ensure housing opportunity sites
consist of vacant and underutilized parcels that
can accommodate housing development. The
Site Inventory does not include any sites with
approved entitlements or sites currently under
construction.
The city has adequate land with appropriate
zoning to accommodate the City's Regional
Housing Needs Allocation and does not need to
rezone or prezone any parcels.
The City offered multiple opportunities for
interested parties to participate and provide
feedback throughout the Housing Element
update process. The City reached out to a
variety of individuals, including representatives
of major developers that work and own land
throughout Merced County to participate in
outreach activities, including stakeholder
interviews and focus group discussions. The
City has incorporated feedback received
through outreach opportunities into the draft
Housing Element and continues to encourage
the community to review updated drafts of the
Housing Element as they are made available for
Public Review. The City reviewed and
responded to comments on previous drafts of
the Housing Element in this chapter, Chapter
F2, Public Participation.
309
f 3 Housing Needs Assessment
City of Los Banos
Housing Needs Assessment
This chapter provides an individual assessment of housing needs for the City of Los Banos. This section summarizes demographic, employment, and housing characteristics. The main source of the information is the pre-approved data package for jurisdictions approved by the California Department of Housing and Community Development (HCD). This data is primarily sourced from the United States (U.S.) Census, the U.S. Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy (CHAS), and American Community Survey (ACS) 2017- 2021 five-year estimates. Tables and figures also include comparable data for Merced County and California where it is found most useful.
F3. l Population Characteristics
Population characteristics, such as growth rate, age, and income levels, affect the type and amount of housing needed in a community. Residents' age and income, employment trends, and other factors influence the type of housing needed and the community's ability to afford housing. The following section analyzes the city of Los Banos' population characteristics and trends.
F3.2 Population Growth
Table F3-1 analyzes population change from 2000 to 2021. Los Banos grew by 39.1 percent from 2000 to 2010 compared to 21.5 percent countywide and 9.7 percent throughout the state. Growth in Los Banos slowed to 23.5 percent from 2010 to 2021. Similarly, growth slowed countywide to 9.1 percent and statewide to 5.9 percent; however, growth in Los Banos was significantly higher during this time.
Table F3-1 Population Change (2000 - 2021)
Percent Percent
Change Change ----
Jurisdiction 2000 2010 2021 2000-2010 2010-2021
Los Banos
Merced County
California
25,869
210,554
33,971,648
35,972
255,793
37,253,956
44,421
281,202
39,346,023
Source: U.S. Census Bureau, Census 2000, 2010; Social Explorer tables for Census 2021.
F3.3 Age Characteristics
39.1%
21.5%
9.7%
23.5%
9.1%
5.9%
Table F3-2 shows population by age group and each group's percentage of the total population. The age groups include preschool (under five years), school-age students (five to 17 years), college-age students (18 to 24 years), young adults (25 to 44), middle-aged adults (45 to 64), and seniors (65 and over). In Los Banos, the largest age group is the young adult category, representing 25.4 percent of the total population, similar to the county (27.0 percent) and state (28.6 percent). The second largest group in Los Banos is school-age students at 24.9 percent. The smallest population by age are preschoolers at 9.2 percent, which is higher than the county (7.5 percent) and the state (6.0 2024-2032 Housing Element F3-1
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Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) percent). Los Banos also has a higher proportion of residents 44 years and younger (69.2 percent) compared to the county (67.7 percent) and the state (60.7 percent).
Table F3-2 Population by Age Group (2021)
5 to 17 18 to 24
years years
Under 5 (School- (College- 25 to 44 45 to 64 65 years
years age age (Young (Middle- and over Total
Jurisdiction (Preschool) Students) Students) Adults) aged Adults) (Seniors) Population Los Banos 4,100 11,051 4,305 11,270 9,195 4,500 44,421
Percent 9.2% 24.9% 9.7% 25.4% 20.7% 10.1%
Merced 20,969 61,609 31,111 75,342 59,131 30,988 279,150 County
Percent 7.5% 22.1% 11.1% 27% 21.2% 11.1%
California 2,350,335 6,642,097 3,665,851 11,282,671 9,844,520 5,669,879 39,455,353 Percent 6.0% 16.8% 9.3% 28.6% 25.0% 14.4%
Source: U.S. Census Bureau, ACS 2017-2021 (5-year Estimates), Table B01001.
F3.4 Race and Ethnicity
Table F3-3 shows race and ethnicity data for residents in Los Banos, Merced County, and California.
In terms of race, most of the population of Los Banos identifies as white at 47.5 percent, similar to countywide (46.2 percent) and slightly lower than the state (52.1 percent). The second largest population group is Some Other Race representing 35.2 percent of the total population in Los Banos. This is similar to Merced County (33.7 percent) and is significantly higher than California (15.3 percent). In terms of ethnicity, 73.2 percent of the population of Los Banos identifies as Hispanic/Latino, which is higher than in Merced County (61.2 percent) and the state (39.5 percent).
Table F3-3 Population by Race
Native
American Hawaiian
Black or Indian and and Other
African Alaska Pacific Some Two or Hispanic
American Native Asian Islander Other Race More /Latino, Jurisdiction White Alone Alone Alone Alone Alone Alone1 Races2 Any Race Total Los Banos 21,081 1,006 545 1,088 464 15,641 4,596 32,513 44,421 Percent 47.5% 2.3% 1.2% 2.4% 1.0% 35.2% 10.3% 73.2%
Merced 128,897 8,057 3,267 20,945 797 93,978 23,209 170,730 279,150 County
Percent 46.2% 2.9% 1.2% 7.5% 0.3% 33.7% 8.3% 61.2%
California 20,553,732 2,233,258 360,607 5,887,396 148,278 6,036,865 4,235,217 15,593,787 39,455,353 Percent 52.1% 5.7% 0.9% 14.9% 0.4% 15.3% 10.7% 39.5%
(1) Note: "Some other race alone" includes all other responses not included in the "white alone", "Black or African American alone", "American Indian and Alaska Native alone", "Asian alone" and "Native Hawaiian and Other Pacific Islander alone" race categories (2) Note: "Two or more races" includes responses from all individuals who identify themselves as two or more of the aforementioned race groups. If an individual responded with both "two or more races" and "some other race," their response was only included under "two or more races."
Source: U.S. Census Bureau, ACS 2017-2021 (5-year Estimates), Table B02001; U.S. Census Bureau, ACS 2017-2021 (5-year Estimates), Table B03001.
F3-2
311
F3.5 Economic Characteristics
Employment
City of Los Banos
Housing Needs Assessment
Understanding employment and occupation patterns can provide insight into present housing needs. Table F3-4 shows employment by industry. Educational services, health care, and social assistance sector is the most common employment sector in Los Banos, representing 16.7 percent of all employment. This is also the most common sector countywide (22 percent) and statewide (21.4 percent). The second largest sector in Los Banos is construction, which employs 15.8 percent of residents, higher than the county and state.
Table F3-4 Employment by Industry (2021)
Industry Los Banos Percent Merced County Percent California Percent Educational Services, And 2,811 16.7% 23,797 22% 3,990,094 21.4% Health Care And Social
Assistance
----·-·-···•----------·
Construction 2,651 15.8% 8,623 8% 1,235,586 6.6%
Retail Trade 2,434 14.5% 11,804 10.9% 1,919,513 10.3%
Manufacturing 1,927 11.5% 11,778 10.9% 1,676,715 9%
Professional, Scientific, and 1,602 9.5% 7,146 6.6% 2,612,859 14% Management, and
Administrative, and Waste
Management Services -·--·----- -
Arts, Entertainment, And 1,355 8.1% 7,682 7.1% 1,835,141 9.8% Recreation, And
Accommodation And Food
Services
Agriculture, Forestry, Fishing 1,076 6.4% 12,326 11.4% 394,881 2.1% and Hunting, and Mining
Transportation And 816 4.9% 7,626 7.1% 1,071,181 5.7%
Warehousing, And Utilities ---·-
Wholesale Trade 575 3.4% 4,036 3.7% 501,378 2.7%
Other Services, Except Public 554 3.3% 4,275 4% 927,253 5% Administration
Public Administration 495 2.9% 5,058 4.7% 864,476 4.6% ···-.. --- ---•" Finance and Insurance, and Real 325 1.9% 3,075 2.8% 1,107,961 5.9% Estate, and Rental and Leasing
Information 191 1.1% 968 0.9% 539,683 2.9%
Source: U.S. Census Bureau, ACS 2017-2021 (5-year Estimates), Table C24050.
According to the California Bureau of Labor Statistics, the unemployment rate in Los Banos as of September 2024 is 9.2 percent, which is lower than the long-term average of 10.7 percent observed over the previous two years. Since 2020, Bureau of Labor Statistics data indicates that unemployment rates have decreased significantly in Los Banos and California. Los Banos' unemployment rate is comparable to the Merced County average (9.1 percent) and higher than the statewide average (5.3 percent).
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Merced County Multi-Jurisdictional Housing Element (2024-2032) Table F3-5 shows the major employers in Merced County, the number of employees, and type of industry. The wide majority of large employers are located in the City Merced, which is the county's largest city and the County seat. The largest employers in Los Banos include the Liberty Packing Co (250-499 employees) and Memorial Hospital Los Banos (100-249 employees). Los Banos does not anticipate any significant changes in employment trends and is not aware of any new large-scape employers coming to Los Banos during the planning period.
Table F3-5 Major Employers in Merced County (2024)
Employer Name Number of Employees Location Industry
Costco Wholesale 100-249 Merced Wholesale Clubs
County-Merced-Behavioral Hlth 100-249 Merced Clinics
Dignity Health-Mercy Med Ctr 1,000-4,999 Merced Hospitals Foodmaxx 100-249 Merced Grocers-Retail
Foster Farms 1,000-4,999 Livingston Poultry Processing Plants (mfrs) ---·---·-·- ·--·- - ····-···--·····-·- ·--·-···· Golden Valley Health Ctr 500-999 Merced Pharmacies
Golden Valley Health Ctr 100-249 Merced Clinics
Hi/mar Cheese Co Inc 500-999 Hi/mar Cheese Processors (mfrs) --------------· J Marchini & Son Inc 500-999 Le Grand Farming Service
Liberty Packing Co 250-499 Los Banos Packing & Crating Service ------------ -----··--------·--··--· -- Live Oak Farms 250-499 Le Grand Fruits & Vegetables-Growers & Shippers -- -- ------ ---------- '.
Livingston Union School District 250-499 Livingston School Districts ----·-·····.,···- ----- Malibu Boats Inc 250-499 Merced Boats-Manufacturers . ---·- ------ -- Memorial Hospital Los Banos 100-249 Los Banos Hospitals --- -··- - ·- - - . - ------- -- --- _______ ,, __ Mental Health Svc For Merced 250-49 Merced Mental Health Services Merced County Human Svc 500-999 Merced Government Offices-County Quad/Graphics Inc 500-999 Merced Printers (mfrs)
Scholle 100-249 Merced Packaging Materials-Manufacturers Sensient Natural Ingredients 250-499 Livingston Dehydrating Service (mfrs) University of CA Merced 500-999 Merced Schools-Universities & Colleges Academic Walmart 250-499 Merced Department Stores - ·-·-· ------- -· Walmart Supercenter 250-499 Atwater Department Stores
Weaver Union School District 100-249 Merced School Districts Western Marketing & Sales 500-999 Atwater Farms
Yosemite Wholesale Warehouse 100-249 Merced Warehouses
Source: California Employment Development Department, Major Employers in Merced County. Accessed 2024 https://laborma rketi nfo.edd .ca .gov /majorer / countymajorer .asp ?CountyCode=000047 Table F3-6 shows the employment estimates, average hourly wage and average annual wage for employment industries in the Merced Metropolitan Statistical Area (MSA), as of May 2023. The occupations offering the lowest wages are food preparation and serving related, healthcare support, farming, fishing, and forestry. Occupations offering the highest wages include Management, Legal, and Healthcare Practitioners.
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Housing Needs Assessment
The largest percentage of employed civilians in Los Banos are in health care, construction, and retail.
While healthcare practitioners' average higher annual salaries ($107,806) than Merced County's Area Median Income (AMI), which was $69,106 in 2021, Healthcare Support salaries ($36,900} average approximately 53 percent of the AMI. Additionally, average salaries for Construction ($63,398) and Sales and other related occupations ($45,261) fall short of the AMI as well. Compared to the annual income limits shown on Table F3-6, it can be assumed that the majority of healthcare practitioners fall in the above moderate-income category, Construction and Sales workers fall into the Low-income category, and Healthcare Support workers fall into the very low-income category.
Table F3-6 Occupational Employment and Wages by Major Occupational Group, Merced Metropolitan Area (2023)
Major Occupational Group Mean Hourly Wage Mean Annual Wage Total, all occupations
Management
Business and financial operations
Computer and mathematical
Architecture and engineering
Life, physical, and social science
Community and social service
Legal
Educational instruction and library
Arts, design, entertainment, sports, and media
Healthcare practitioners and technical
Healthcare support
Protective service
Food preparation and serving related
Building and grounds cleaning and maintenance
Personal care and service
Sales and related
Office and administrative support
Farming, fishing, and forestry
Construction and extraction
Installation, maintenance, and repair
$27.45
$58.77
$37.87
$43.64
$43.00
$36.22
$28.81
$54.16
$36.71
$28.59
$51.83
$17.74
$29.50
$17.87
$20.78
$19.05
$21.76
$23.71
$17.98
$30.48
----
---
$57,096
$113,073
$78,770
$90,771
$89,440
$75,338
$59,925
$112,653
$76,357
$59,467
$107,806
$36,900
$61,360
$37,170
$43,222
$39,624
$45,261
$49,317
$37,398
$63,398
$30.43 $63,294
$22.00
$22.02
•-- •--•----·· -·-·--- ------~ --- --·--·-·-- ·
Production
Transportation and material moving
Source: U.S. Bureau of Labor Statistics. Occupational Employment and Wages in Merced (May 2023) https://www.bls.gov/regions/west/news-release/occupationalemploymentandwages_merced.htm Income Definitions and Income Limits
$45,760
$45,802
The state and federal governments classify household income into several categories based upon the relationship to the county AMI, adjusted for household size. The U.S. Department of Housing and Urban Development (HUD) estimate of AMI is used to set income limits for eligibility in federal housing programs. The income categories include:
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Merced County Multi-Jurisdictional Housing Element (2024-2032) ■ Acutely low-income households, which earn up to 15 percent AMI; ■ Extremely low-income households, which earn up to 30 percent AMI; ■ Very low-income households, which earn between 31 and 50 percent AMI; ■ Low-income households, which earn between 51 and 80 percent AMI; and ■ Median-income households, which earn 100 percent AMI.
For all income categories, income limits are defined for various household sizes based on a fourperson household as a reference point. Income limits for larger or smaller households are calculated by HUD (see Table F3-7). According to HUD, the AMI for a four-person household in Merced County was $80,300 in 2022.
Table F3-7 HUD Income Limits by Person per Household (dollars) Household Size: 1 2 3 4 S 6 7 8
Acutely Low-Income $8,450 $9,650 $10,850 $12,050 $13,000 $14,000 $14,950 $15,900 Extremely Low-Income $16,350 $18,700 $23,030 $27,750 $32,470 $37,190 $41,910 $46,630 ----·-- -· Very Low-Income $27,300 $31,200 $35,100 $38,950 $42,100 $45,200 $48,300 $51,450 ·-·-··---··"•'- Low-income-Income $43,650 $49,850 $56,100 $62,300 $67,300 $72,300 $77,300 $82,250 Median-Income $56,200 $64,250 $72,250 $80,300 $847,300 $931,500 $99,550 $106,000 --·-·---····-· ---·---·-·-· -· -·------ Moderate-Income $67,450 $77,100 $89,700 $96,350 $104,050 $111,750 $119,450 $127,200 Source: U.S. Department of Housing and Urban Development (HUD), 2022.
The California Department of Housing and Community Development (HCD) uses the income categories shown in Table F3-8 to determine eligibility for state housing programs. HCD's methodology for calculating AMI is slightly different from HU D's methodology, and therefore the AMI and income limits vary.
Table F3-8 State of California Income Categories
Income Category Percent of County Area Median Income (AMI) Extremely Low
Very Low
Low
Moderate
Above Moderate
Source: California Health & Safety Code Section 50093.
0-30%AMI
31%-50%AMI
51%-80%AMI
----------
81%-120% AMI
120% AMI or greater
Figure F3-1 shows median household income in Los Banos as reported by the 2017-2021 ACS. This median income is for all households, regardless of household size. The median household income in Los Banos was $69,106 in 2021, which was higher than Merced County ($58,861) but significantly lower than in California ($84,097). •
F3-6
315
Figure F3-1 Median Household Income
Median Household Income
$100,000
$80,000 $69,106
$58,861
$60,000
$40,000
$20,000
$-
Los Banos Merced County
Source: U.S. Census Bureau, ACS 2017-2021 (5-year Estimates), Table B19013.
City of Los Banos
Housing Needs Assessment
$84,097
California
Table F3-9 compares the median household income by race in 2021. In Los Banos, American Indian and Alaskan Native households had the highest median income at $113,625, which is significantly higher than the state and county. The second highest income groups in Los Banos are Asian and Native Hawaiian/ Other Pacific Islander households with median household incomes of $73,516, which is similar to the county but lower than the state. Black or African American households had the lowest median income in the city, which is generally consistent with the county and state.
Table F3-9 Median Household Income by Race/Ethnicity (dollars) Native
American Hawaiian
Indian and
Black or and Other Some Two or
African Alaskan Pacific Other More Hispanic/
White, American, Native, Asian, Islander, Race, Races, Latino, Jurisdiction alone alone alone alone alone alone alone Any Race Los Banos $68,879 $54,643 $113,625 $73,516 $73,516 $70,145 $62,083 $70,507 -- --- Merced County $60,918 $45,573 $50,214 $71,829 $71,829 $55,083 $56,355 $54,635 California $88,616 $58,958 $66,904 $108,477 $87,066 $63,975 $79,777 $67,327 Source: U.S. Census Bureau, ACS 2017-2021 (5-year Estimates), Table B19013.
Overpayment and Housing Cost Burdens
Table F3-10 lists the number of households overpaying for housing by tenure. Generally, renters are more affected by overpayment than owners. As shown, overpaying renter-occupied households account for 21.1 percent of households in Los Banos, which is similar to the county and state averages. Overpaying owner-occupied households comprise 15.0 percent of households in the city, which is higher than in both the county and state.
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Merced County Multi-Jurisdictional Housing Element (2024-2032) Table F3-10 Cost Burdened Households by Tenure
Jurisdiction Owner-Occupied Overpaying Renter-Occupied Overpaying Total Overpaying Los Banos 1,804 2,540 4,344
Percent 15.0% 21.1% 36.1%
Merced County 9,611 17,470 27,081
Percent 11.8% 21.4% 33.2%
California 1,904,162 3,030,934 4,935,096
Percent 14.4% 22.9% 37.3%
Source: U.S. Census Bureau, ACS 2006-2010, 2011-15, 2017-2021 (5-year Estimates), Table B25091 and B25070 CHAS data provided by HUD provides information on cost burden based on the HUD Area Median Family Income (HAMFI). This data is included in Table F3-11 below. While the totals do not align exactly with 2021 ACS data presented above, the CHAS data identifies the level at which cost burdened households are overpaying for housing. As shown, 21.3 percent of households are paying 30 to SO percent of their income on housing costs, which is higher than both the county and state.
Further, 14.7 percent of households are spending more than SO percent of their income on housing, which is similar to the county but less than the state. Based on CHAS data, Los Banos has higher rates of moderate cost burden than in Merced County and state, but lower rates of severe cost burden.
Table F3-11 Overpayment by Tenure (dollars)
Jurisdiction Moderate Cost Burden >30% to <=50% Severe Cost Burden >50% Total Households Los Banos 2,300 1,585 10,775
Percent 21.3% 14.7% 100.0%
Merced County 14,710 12,285 80,010
Percent 18.4% 15.4% 100.0%
California 2,632,205 2,427,660 13,044,265
Percent 20.2% 18.6% 100.0%
Source: U.S. Depa rtment of Housing and Urban Development, CHAS 2015-2019 (5-Year Estimates), Table 7.
F3.6 Household Characteristics
Table F3-12 provides information on household types. Of the 12,02S households in Los Banos, 6,896 are married0 couple households with or without children, and 690 are cohabitating couple households with or without children. Approximately half the total households in Los Banos, Merced County, and California are married-couple households.
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Table F3-12 Households by Type
City of Los Banos
Housing Needs Assessment
Married-Couple Household Cohabitating Couple Household T ota 1
Jurisdiction Total Children No Children Total Children No Children Households Los Banos 6,896 3,632 3,264 690 436 254 12,025
Percent 57.3% 30.2% 27.1% 5.7% 3.6% 2.1%
Merced County 39,912 18,171 21,741 6,862 3,910 2,952 81,618 Percent 48.9% 22.3% 26.6% 8.4% 4.8% 3.6%
California 6,539,445 2,780,272 3,759,173 938,780 338,874 599,906 13,217,586 Percent 49.5% 21.0% 28.4% 7.1% 2.6% 4.5%
Source: U.S. Census Bureau, ACS 2017-2021 (5-year Estimates), Table 811012.
F3.7 Large Households
Large family households are defined by U.S. Census Bureau as households containing five or more persons. Table F3-13 provides information on large households by tenure. As shown, 26.1 percent of households in Los Banos consist of five or more people, which is greater than the county and state.
In Los Banos, owner-occupied five-person households (8.3 percent of total households), renteroccupied five-person households (6.6 percent) and owner-occupied seven-person households (3.1 percent) make up the largest percentages of large households, while renter-occupied seven-ormore-person households make up the smallest percentage of large households.
Table F3-13 Large Households by Tenure
Owner-Occupied Renter-Occupied
Large Households Large Households
Total Large 7-or-More 7-or-More
Jurisdiction Households 5-Person 6-Person Person 5-Person 6-Person Person Los Banos 3,137 1,003 334 367 793 336 304
Percent 26.1% 8.3% 2.8% 3.1% 6.6% 2.8% 2.5%
Merced 17,710 4,737 1,952 1,649 5,380 2,184 1,808
County
Percent 21.7% 5.8% 2.4% 2.0% 6.6% 2.7% 2.2%
California 1,830,468 580,759 246,420 200,281 456,013 199,263 147,732 Percent 13.9% 4.4% 1.9% 1.5% 3.5% 1.5% 1.1%
Source: U.S. Census Bureau, ACS 2017-2021 (5-year Estimates), Table 825009.
F3.8 Overcrowding
The U.S. Census defines an overcrowded unit as one occupied by 1.01 persons or more per room (excluding bathrooms and kitchens). Units with more than 1.5 persons per room are considered severely overcrowded . Table F3-14 provides information on overcrowding by tenure in Los Banos.
There are 1,254 overcrowded households in the city, of which 47.1 percent (591) are owneroccupied households, and 52.9 percent (663) are renter-occupied. 2024-2032 Housing Element F3-9
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Merced County Multi-Jurisdictional Housing Element (2024-2032) Table F3-14 Overcrowding Severity by Tenure
Owner-Occupied Renter-Occupied ---------------------------------- 1.0 to 1.5 More than 1.5 1.0 to 1.5 More than 1.5 Occupants Occupants Occupants Occupants
Jurisdiction Total per Room per Room Total per Room per Room Los Banos 6,732 498 93 5,293 375 288
Percent 56.0% 4.1% 0.8% 44.0% 3.1% 2.4%
Merced 42,146 1,766 551 39,472 3,090 1,362
County
Percent 51.6% 2.2% 0.7% 48.4% 3.8% 1.7%
California 7,335,247 229,637 82,236 5,882,339 453,625 321,169 Percent 55.5% 1.7% 0.6% 44.5% 3.4% 2.4%
Note: Percentages are calculated out of the general total population, not out of the tota I population of each tenure.
Source: U.S. Census Bureau, ACS 2006-2010, 2011-2015, 2017-2021 (5-year Estimates), Table B25014.
F3.9 Special Needs Groups
Within the general population there are several groups of people who have special housing needs.
These needs can make it difficult for members of these groups to locate suitable housing. The following subsections identify and discuss these special housing needs groups.
Seniors
Table F3-15 identifies senior households in Los Banos, Merced County, and California. The percentage row identifies the percent of households within the specified age range out of all owneroccupied or renter-occupied households. There are far more owner-occupied senior households in Los Banos (1,744 total), than renter-occupied senior households (625 total), which is similar to the county and state. As shown, seniors between the ages of 65 and 74 make up the largest percentages of owner and renter-occupied households (14.1 percent and 7.9 percent of total households, respectively), consistent with the two other jurisdictions.
Table F3-15 Senior Households by Tenure
Owner-Occupied Renter-Occupied
Jurisdiction 65 to 74 75 to 84 85 and over 65 to 74 75 to 84 85 and over Los Banos 947 726 71 416 132 77
Percent 14.1% 10.8% 1.1% 7.9% 2.5% 1.5%
Merced County 7,176 4,232 1,559 3,318 1,216 495
Percent 39.9% 23.5% 8.7% 18.4% 6.8% 2.8%
California 1,386,828 679,546 288,915 501,465 229,153 132,237 Percent 43.1% 21.1% 9.0% 15.6% 7.1% 4.1%
Source: U.S. Census Bureau, ACS 2017-2021 (5-year Estimates), Table B25007.
Table F3-16 shows the housing cost burdens by elderly family type and tenure in Los Banos based on data extracted through CHAS (note that the CHAS data defines senior or elderly as age 62 and over, as opposed to the ACS that reports seniors as age 65 and older). Based on data in this table, of all elderly persons in lower-income categories (less than or equal to 80 percent HAMFI), approximately F3-10
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18.8 percent of all senior-owner households and 32.1 percent of all senior-renter households in Los Banos had a housing cost burden of 30 percent or greater.
Table F3-16 Overpayment by Tenure Among Senior Households Owners Renters --------
EI de r ly Elderly Non- Elderly Elderly NonFamily Family Family Family Total Household Income <= 30% HAMFI Extremely Low-Income
TOTAL HOUSEHOLDS<= 30% HAMFI 35 115 200 350
Number w/ Cost Burden<= 30% 45 100 145
Number w/ Cost Burden> 30% to<= 50% 25 30 55
Number w/ Cost Burden> 50% 35 45 70 150
Percent with Cost Burden >30% HAM Fl L00.0% 61.0% 0.0% 50.0% 59.0% Household Income> 30% to<= 50% HAMFI Very Low-Income
TOTAL HOUSEHOLDS> 30% to<= 50% HAMFI 130 115 10 75 330
Number w/ Cost Burden<= 30% 40 65 40 145
Number w/ Cost Burden> 30% to<= 50% 30 15 10 55 _,.___ ··--------·--·-··--·--~------- Number w/ Cost Burden> 50% 60 35 35
Percent with Cost Burden >30% HAMFI 69.0% 43.0% 100.0% 47.0% Household Income> 50% to<= 80% HAMFI Low-Income
TOTAL HOUSEHOLDS> 50% to<= 80% HAMFI 130 90 65 75
Number w/ Cost Burden<= 30% 105 55 15 60
Number w/ Cost Burden> 30% to<= 50% 35 25 15 -----------------·- •...
Number w/ Cost Burden> 50% 25 25 ---·-----·------------------------- . ·-· ---------------·---- Percent with Cost Burden >30% HAM Fl 19.0% 39.0% 77.0% 20.0% Household Income> 80% to<= 100% HAMFI
TOTAL HOUSEHOLDS> 80% to<= 100% HAMFI 75 80 10
Household Income> 100% HAMFI
TOTAL HOUSEHOLDS> 100% HAMFI 685 165 175 45
Total Income <80% HAMFI and Cost Burden> 30% 305 210 - ----·····---- Percent Income <80% HAMFI and Cost Burden> 30%
GRAND TOTAL HOUSEHOLDS 1,055
Elderly family constitutes 2 persons with either or both age 62 and over.
HAMFI = HUD Area Median Family Income
18.8%
565
Source: HUD Consolidated Planning/ CHAS database, 2015-2019 estimates, Table 7, accessed 2023. https://www. h ud user.gov /portal/datasets/cp. htm I
32.1%
--------
260 395
Table F3-17 summarizes cost burden data for units occupied by senior households. As shown, 130
56.0%
360
235
75 50
35.0%
165
1,070
515
22.6%
2,275
70.3 percent of senior households in Los Banos have a housing cost burden of less than or equal to 30 percent, 14.5 percent have a housing cost burden of greater than 30 percent and less than or equal to 50 percent, and 15.2 percent have a housing cost burden of more than 50 percent. There is a lower percentage of senior households cost burdened in Los Banos than in Merced County by over 30 percent.
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Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) Table F3-17 Cost Burdened Senior Households
Cost Burden Cost Burden Cost Burden Total Senior
Jurisdiction <= 30% >30% to <=SO% >50% Households
Los Banos 1,600 330 345 2,275
Percent 70.3% 14.5% 15.2% 100.0%
Merced County 12,080 3,220 2,880 18,180
Percent 66.4% 17.7% 15.8% 100.0%
California 1,963,195 620,335 736,510 3,320,040
Percent 59.1% 18.7% 22.2% 100.0%
Source: U.S. Department of Housing and Urban Development, CHAS 2015-2019 (5-Year Estimates), Table 7.
Resources for Senior-Headed Households
There are three senior housing complexes located in Los Banos. Each facility is deed-restricted for lower-income households. As shown in Table F3-18, this accounts for a total of 218 senior rental units in Los Banos. As shown in Table F3-16, there are a total of 655 senior rental-occupied households, of which 210 are lower-income, indicating there is a gap between lower-income senior rental-occupied households and available units of approximately 130 units. The City will implement Program 7 to facilitate the development of senior housing.
Table F3-18 Inventory of Senior Housing
Housing Development Address City Affordable Units Total Units -
Macarthur Apartments 1130 F St. Los Banos
Heritage Village Apartments 1156 San Luis St. Los Banos - - ·-·--· - ···--··'"'"' _ ,. ·-·-·-· ···-·-··-·· ---- - ·--· ----- ··-·· -•-•··--·--·-·------ Overland Court Apartments 405 Rockport Dr. Los Banos
Note: All locally assisted or restricted developments may not be included in this list.
Source: California Housing Partnership, 2023.
99 so
69 Persons with Disabilities (including Developmental Disabilities) 99 so
70 Individuals with disabilities, including developmental disabilities, may require special housing accommodation or assistance. Community members with ambulatory difficulties, self-care limitations, or cognitive conditions may require various levels of assisted living or financial assistance. Table F3-19 identifies the number of residents with one or more disability. In Los Banos,
4.5 percent of residents have one type of disability, while 5.1 percent report two or more disabilities. Both percentages are slightly lower than those of the county and state. Among those with a disability, 46.9 have one disability, while 53.1 percent have two or more types of disability.
Table F3-19 Population by Number of Disabilities
With One Type With two or More
Jurisdiction Total of Disability types of Disability No Disability Los Banos 44,335 2,016 2,281 40,038
Percent 4.5% 5.1% 90.3%
Merced County 276,304 18,099 17,266 240,939
Percent 6.6% 6.3% 87.2%
California 38,946,377 2,108,406 2,037,095 34,800,876
Percent 5.4% 5.2% 89.4%
Source: U.S. Census Bureau, ACS 2017-2021 (5-year Estimates), Table C18108.
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Table F3-20 summarizes the population with a disability by age. In Los Banos, residents aged 18 to 64 years make up the largest proportion of disabled individuals at 4.5 percent of the total population, which is lower than countywide (6.6 percent) and statewide (5.1 percent). The under 18 years age group accounts for the smallest percent of the population at 1.3 percent, which is consistent with the county and state. The 65 years and older group accounts for 3.9 percent of the population in the city, which is lower than in both the county (4.9 percent) and the state (4.8 percent).
Table F3-20 Disability by Age for the Total Population
Jurisdiction Total Under 18 Years 18 to 64 Years 65 Years and Older Los Banos 44,335 581 1,982 1,734
Percent 1.3% 4.5% 3.9%
Merced County 276,304 3,666 18,311 13,388
Percent 1.3% 6.6% 4.9%
California 38,946,377 315,849 1,964,845 1,864,807
Percent 0.8% 5.1% 4.8%
Source: U.S. Census Bureau, ACS 2017-2021 (5-year Estimates), Table 0 8108.
Table F3-21 identifies residents with a developmental disability by age. In Los Banos, most res idents with a developmental disability are under 18 years old, which is consistent with both the state and county.
Table F3-21 Developmental Disability by Age
Jurisdiction Under 18 Years 18 Years and Older Total Population with a Disability Los Banos 244 158 402 ·······-----------
Merced County 1,507 1,287 2,794 -----·· ---·------------- California 192,384 185,353 377,737
Source: California Depa rtment of Developmental Services, DDS Quarterly Consumer Report, December 2021.
Table F3-22 includes data summarizing the housing location of residents with developmental disabilities. A majority of residents with a developmental disability in Los Banos live in the home of a parent, family member, or guardian (377). An additional 17 residents live in an independent/ supported living facility and less than 11 residents live in community care facilities, intermediate care facilities, or foster/family homes.
Table F3-22 Developmental Disability by Residence
Residence Type City of Los Banos Merced County California Home of Parent/Family/Guardian 377 2,937 309,381
Independent/Supported Living 17 232 27,881
Community Care Facility <11 80 23,728
Intermediate Care Facility 0 60 6,188
Foster/Family Home <11 <11 8,288 ------ Other <11 <11 4,792 Total >394 >3,309 380,258
Source: California Department of Developmental Services, DDS Quarterly Consumer Report, January 2022. 2024-2032 Housing Element F3-1 3
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Merced County Multi-Jurisdictional Housing Element (2024-2032) The Supplemental Security Income (551) program, administered by the U.S. Social security Administration, shows the number of persons with disabilities who may have housing needs because of their low incomes. As of December 2021, 10,190 551 recipients in Merced County were receiving benefits because they were blind or disabled. 1 Resources for Persons with Disabilities
The State Department of Developmental Services currently provides community-based services to persons with developmental disabilities through a statewide system of 21 regional centers, four developmental centers, and two community-based facilities. Regional centers provide "point of entry" services to those that are developmentally disabled. The closest center to Los Banos is the Central Valley Regional Center in Merced, approximately 36 miles away. The Central Valley Regional Center is a non-profit community agency that contracts with local businesses to provide services to developmentally disabled persons and their families. The lack of accessible disability facilities near Los Banos indicates a need for disability resources in the city. While there are no specific public housing resources that are accessible to people with disabilities in Los Banos, there are 218 senior housing units and 584 total public housing units available to low and moderate-income families and individuals. The City will implement Program 6 to facilitate housing for special needs populations.
Large Households
Table F3-23 provides information on large households by tenure in Los Banos, Merced County, and California. See section 6.2. 7: Large Households, above, for more information As shown, there are 1,704 owner-occupied large households and 1,433 renter-occupied large households. The percentage of total large households in Los Banos (26.1 percent) is larger than the county (21. 7 percent) and state (13.9 percent).
Table F3-23 Large Households by Tenure
Owner-Occupied Renter-Occupied
Large Households Large Households
Total 7-or-More 7-or-More
Jurisdiction Households 5-Person 6-Person Person 5-Person 6-Person Person Los Banos 12,025 1,003 334 367
Percent 8.3% 2.8% 3.1%
Merced County 81,618 4,737 1,952 1,649
Percent 5.8% 2.4% 2.0%
California 13,217,586 580,759 246,420 200,281
Percent 4.4% 1.9% 1.5%
Source: U.S. Census Bureau, ACS 2016-2020 (5-year Estimates), Table 825009. 1 Source: U.S. Social Security administration. SSI Recipients by State and County, 2021. https://www.ssa.gov/policy/docs/statcomps/ssi sc/2021/ca.html 793 336 304
6.6% 2.8% 2.5%
5,380 2,184 1,808
6.6% 2.7% 2.2%
456,013 199,263 147,732
3.5% 1.5% 1.1%
Note: Although these figures can give a sense of the proportion of the population with different types of disabilities, a much smaller proportion of the population may actually require specially adapted housing to accommodate disabilities.) F3-14
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Resources for Large Households
Units with four or more bedrooms are the primary housing resource for large households.
Table F3-24 compares the number of large households to the number of large units. Units with five or more rooms provide housing options for large households and work to lessen overcrowding. As shown, there are 734 units in Los Banos with five or more bedrooms but 3,137 large households, leaving a potential resource gap of 2,403 units. When compared to large units with four bedrooms, there are 3,006 housing units which leaves a smaller resource gap of 131 units. When combined, there are a total of 3,740 large households with four or more bedrooms, which exceeds the number of large households in Los Banos.
Table F3-24 Large Households and Units
Large Households Large Units
(5 or more Large Units (4 (5 or more
Jurisdiction Total Households persons) Total Units bedrooms) bedrooms) Los Banos 12,025 3,137 12,459 3,006 734
Percent 26.1% 25.0% 6.1%
Merced County 81,618 17,710 86,767 17,656 3,002
Percent 21.7% 21.6% 3.7%
California 13,217,586 1,830,468 14,328,539 2,373,268 596,588 Percent 13.8% 18.0% 4.5%
Source: U.S. Census Bureau, ACS 2017-2021 (Five-year Estimates), Tables DP04.
Female-Headed Households
Table F3-25 identifies single female-headed households with their own children under age 18. The table values do not include female-headed households with unrelated dependents. Los Banos has a total of 841 single female-headed households with their own children under 18, representing 7.0 percent of total households. This is similar to the county (7.8 percent) and higher than the state (4. 7 percent).
Table F3-25 Single Female-Headed Households with Own Children Jurisdiction Total Households Single Female-Headed Households* Percent Los Banos
Merced County
California
12,025
81,618
13,217,586
841
6,365
614,747
Notes: Single Female-Headed Households with own children under age 18, does not include unrelated dependents.
Source: U.S. Census Bureau, ACS 2017-2021 (5-year Estimates), Table B11012.
7.0%
7.8%
4.7%
Table F3-26 compares female-headed households by tenure. As shown, there is a larger percentage of renter-occupied female-headed households (64.6 percent) than owner-occupied households (35.4 percent). Both the county and state follow a similar trend. 2024-2032 Housing Element F3-15
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Merced County Multi-Jurisdictional Housing Element (2024-2032) Table F3-26 Female-Headed Family Households by Tenure
Jurisdiction Owner-Occupied Renter-Occupied Total
Los Banos 625 1,142 1,767
Percent 35.4% 64.6%
Merced County 4,569 10,129 14,698
Percent 31.1% 68.9%
California 713,100 996,675 1,709,775
Percent 41.7% 58.3%
Source: U.S. Census Bureau, ACS 2017-2021 (5-year Estimates), Table B17010.
Resources for Single-Parent and Female-Headed Households Resources for lower-income female-headed households include existing affordable housing units in the city as well as rental assistance provided through the County's Housing Choice Voucher (HCV) program. Below is a list of local agencies dedicated to assisting parents:
• First 5 Merced County is dedicated to improving the lives of Merced County's young children and their families through a comprehensive system of education, health services, and other crucial programs. The Strong Families programs enable families to raise their children in a safe, stable, and nurturing home. These programs work with families, educators, health, and social services providers to support parents and guardians.
• Ace Overcomers Program, committed to helping teens and adults overcome the effects of adverse childhood experiences (ACEs).
• Merced County Office of Education, providing educational services to children and families including childcare subsidies to offset the costs of care. • Sierra Vista Child and Family Services, committed to supporting the community by providing mental health services to children and youth ages Oto 21. • Maternal, Child, and Adolescent Health (MCAH) Services, providing information and services to mothers and children.
Extremely Low-Income Residents
Extremely low-income (ELI) households are defined as households with incomes under 30 percent of the area median income. ELI households typically consist of minimum wage workers, seniors on fixed incomes, the disabled, and farmworkers. This income group is likely to live in overcrowded and substandard housing conditions. Many ELI households overlap with other special housing needs groups such as seniors and people with disabilities, putting the group at a disproportionate need for affordable housing options. ELI households have specific housing needs that require greater government subsidies and assistance, housing with supportive services, single room occupancy (SRO) and/or shared housing, and/or rental subsidies or vouchers. In recent years, rising rents, higher income and credit standards imposed by landlords, and insufficient government assistance has exacerbated the problem. Without adequate assistance this group has a high risk of homelessness.
Table F3-27 identifies ELI households by tenure in Los Banos. Renter-occupied ELI households (970) make up 71 percent of total ELI households. This is slightly lower than in the county (74.4 percent) and similar to the state (70.7 percent). Owner-occupied ELI households (395) comprise 28.9 percent of total ELI households in Los Banos. This is lower than in the county (25.4 percent) and the state F3-l 6
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(29.3 percent). There are 1,365 total ELI households in Los Banos, comprising approximately 12.7 percent of total households in the city. This is lower than in the county (14.3 percent) and the state (15.3 percent).
Table F3-27 Extremely Low-Income Households by Tenure
Income <=30% HAMFI
Jurisdiction Owner-Occupied Renter-Occupied Total ELI Households Total Households Los Banos 395 970 1,365 10,775
Percent 3.7% 9.0% 12.7% 100.0%
Merced County 2,940 8,540 11,480 80,010
Percent 3.7% 10.7% 14.3% 100.0%
California 592,010 1,427,405 2,019,415 13,217,586
Percent 4.5% 10.8% 15.3% 100.0%
Source: U.S. Housing and Urban Development, CHAS 2015-2019 (5-Year Estimates), Table 7.
Table F3-28 summarizes cost burden among ELI households. As shown, 289 of 364 ELI owneroccupied households (79.4 percent) in Los Banos are experiencing a moderate or severe housing cost burden, consistent with the county (79.1 percent) and the state (80.1 percent). Among ELI renter households, 915 out of 985 (92. 7 percent) are experiencing a moderate or severe housing cost burden. This is higher than in both the county (87.4 percent) and the state (88.9 percent). In Los Banos, ELI renter-occupied households with a severe cost burden account for 56.8 percent of all ELI households. This is higher than in the county (51.7 percent) and the state (51.4 percent). ELI households also generally experience more housing problems compared to other income categories. Approximately 75 percent of total ELI households experience any housing problem, while approximately 60 percent of Low-income households and approximately 18 percent of moderate- and above moderate-income households experience any housing problem.
Table F3-28 Extremely Low-Income Households Overpaying by Tenure Owner-Occupied Renter-Occupied
Moderate Severe Moderate Severe
Cost Cost Cost Cost Cost Cost
Burden Burden Burden Burden Burden Burden Total ELI
Jurisdiction <30% 30%-50% >50% <30% 30%-50% >50% Households Los Banos 75 95 194 70 140 755 1,329
Percent 5.6% 7.1% 14.6% 5.3% 10.5% 56.8% 100.0%
Merced County 615 595 1,730 1,075 1,530 5,935 11,480
Percent 5.4% 5.2% 15.1% 9.4% 13.3% 51.7% 100.0%
California 117,890 92,945 381,175 172,130 216,880 1,038,395 2,019,415 Percent 5.8% 4.6% 18.9% 8.5% 10.7% 51.4% 100.0%
Source: US Housing and Urban Development, CHAS 2015-2019 (5-Year Estimates).
Resources for Extremely Low-Income Households
The Housing Authority of the County of Merced currently administers the Housing Choice Voucher (HCV) Program, a federal rent subsidy program under the Department of Housing and Urban Development. The program provides rental subsidy to families in privately owned existing rental 2024-2032 Housing Element F3-17
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Merced County Multi-Jurisdictional Housing Element (2024-2032) units in Merced County. The Housing Authority of the County of Merced currently administers 2,705 HCVs within the county. 2
In addition to the HCV program, the Housing Authority also administers Emergency Housing Vouchers (EHV). In order to be eligible for an EHV, an individual must meet one of the four eligibility criteria:
1. Homeless;
2. At risk of homelessness;
3. Fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking;
4. Recently homeless and for whom providing rental assistance will prevent the family's homelessness or having high risk of housing instability. 3 Table F3-29 includes an inventory of affordable housing in Los Banos. As shown, there are 584 affordable units in the city. These units serve households making less than 80 percent of the AMI.
Based on the identified need (1,329 ELI households) there is a need for additional units affordable to ELI households in the city. The City will implement Program 10 to facilitate housing for ELI households.
Table F3-29 Inventory of Public Assisted Complexes, Los Banos Name Address City Zip Affordable Units
Los Banos Apartments 44 West I Street Los Banos
Central Valley Apts 1100 D Street Los Banos - ·-·------·- Pacheco Place MHSA 232 W. J Street Los Banos
Central Valley II Apartments 1130 D Street Los Banos
Carrington Pointe 1985 San Luis Street Los Banos
Los Banos Family Apartments 2235 Gilbert Gonzales Jr. Drive Los Banos (Aka Pacheco Village) ---·-···· --·--·--•-··
Los Banos II Family Apartments 2125 Gilbert Gonzalez Jr. Drive Los Banos - -------·-·. --- - ----.----·····--· -·--. -·-•·- ...
Macarthur Apartments 1130 F Street Los Banos
Heritage Village Apartments 1156 San Luis Street Los Banos Overland Court Apartments 405 Rockport Dr. Los Banos
Total
Note: All locally assisted or restricted developments may not be included in this list.
Source: California Housing Partnership, 2023.
Farmworkers
93635 66 -- - ---- --·---
93635 40 - -·--·-·····
93965 10
93635 38
93635 79
93635 105
93635 79
93635 49
93635 49 ,. __ --
93635 69
584
Farmworkers and day laborers are an essential component of California's agriculture industry.
Farmers and farmworkers are the cornerstone of the larger food sector, which includes the industries that provide farmers with fertilizer and equipment; farms to produce crops and livestock; and industries that process, transport, and distribute food to consumers. Farmworker households 2 Housing Authority of Merced County, Housing Choice Voucher, http://www.merced-pha.com/housing-choice-voucher/ accessed June 2023.
'Housing Authority of Merced County, Emergency Housing Vouchers, http://www.merced-pha.com/emergency-housing-vouchers-ehvfrequently-asked-questions-faq/ accessed June 2023.
F3-18
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Housing Needs Assessment
are often compromised of extended family members or single male workers. Farmworkers make up the majority of the agricultural labor sector and include individuals whose primary income is earned through either seasonal or permanent agricultural labor.
Farmworkers are traditionally defined as persons whose primary incomes are earned through permanent or seasonal agricultural labor. Migrant farmworkers as a group consist of individuals who travel not only across county lines but also from one major geographic region of California to another to find work. Travel for work prevents them from returning to their primary residence every evening. Many migrant farmworkers are single males, most of whom are married and migrate alone to support their families who live at home base. However, there are many migrant families who have more than one employed member.
When workloads increase during harvest periods, the labor force is supplemented by seasonal labor, often supplied by a labor contractor. Non-migrant seasonal farmworkers consist of individuals who work only during a harvest season, and who are able to return to their primary residence every evening. This group, which includes cannery workers, is fairly significant, and includes more than half of all farmworkers in the state. Permanent farmworkers comprise the smallest group of individuals employed in agriculture. Permanent farmworkers are employed year-round, usually by one employer in the agricultural industry. This group generally lives in rural areas in permanent housing provided by the grower. Providing migratory or seasonal farmworkers with affordable shelter has long presented a problem. Traditionally, growers offered some level of shelter to workers, yet the availability of grower-offered housing has dramatically decreased over the last twenty years. While housing for farmworkers is most convenient when located on or adjacent to farms, housing affordable at very low-income levels tends to be more feasible in cities. Housing in cities, with services located nearby, may also be more suitable for seasonal farmworkers whose families live with them. Increasingly, farmworkers are living in cities on a year-round basis, especially in existing single family rental units in older neighborhoods that offer relatively low-cost housing and its central location in relation to farmland.
According to a study conducted by the University of California, Merced, farmworker households frequently experience high poverty rates, severe overcrowding, and poor housing conditions, with a majority renting and living in substandard environments due to their typically lower incomes and face a disproportionate need for more affordable housing. These housing issues, combined with the demanding and poorly compensated nature of farmwork, often lead to negative health outcomes and exacerbate respiratory and infectious diseases. 4
The U.S. Department of Agriculture provides countywide farmworker population data generated by the Census of Agriculture. The most recent Census of Agriculture data (2017) identified 15,566 farmworkers in the county. 5
Table F3-30 provides 2017-2021 ACS data for the total population of residents working in the agriculture, forestry, fishing and hunting, and mining industries (including farmworkers) in Los Banos and Merced County. Los Banos had 1,076 workers in these categories in 2021, representing 8.7 percent of the total population of workers in these industries across the county. 4 Farmworker Health in California. UC Merced. August 2022. https://clc.ucmerced.edu/sites/clc.ucmerced.edu/files/page/documents/fwhs_report_2.2.2383.pdf? _gl=l *lrg0e9w* _ga*MTU3Njc2MD MzNS4xNzA4OTk2Nzgx* _ga_TSE2LSBDQZ*MTcwODkSNjc4MC4xljAuMTcwODk5Njc4MC42MC4wljA 5 U.S. Department of Agriculture, Census of Agriculture, https://www.nass.usda.gov/AgCensus/ accessed June 2023, accessed June 2023. 2024-2032 Housing Element F3-l9
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Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) Tobie F3-30 Farmworker Population
Population in Agriculture, Forestry, Fishing and Hunting, and Mining Jurisdiction Industries (Including Farmworkers)
Los Banos
Percent
Total Merced County
Source: U.S. Census Bureau, ACS 2017-2021 (5-year Estimates), Table C24050. 1,076
8.7%
12,326
The United States Department of Agriculture Census of Agriculture reported 1,397 farms with a total of 15,945 workers in Merced County (see Table F3-31). The majority of the farmworkers were yearround, working 150 days or more per year.
Table F3-31 Farmworkers in Merced County by Days Worked (2017) Farm Type Number of Farms Number of Workers
150 Days or More (Year-Round)
Small Farms (less than 10 workers per farm 512 1,535
Large Farms (10 or more workers per farm) 291 7,853
Subtotal 803 9,388
Fewer than 150 Days (Seasonal)
Small Farms (less than 10 workers per farm) 438 1,346
Large Farms (10 or more workers per farm) 156 5,211
Subtotal 594 6,557
--- Total 1,397 15,945
Source: USDA. 2022 Census of Agriculture - County Data. https://www.nass.usda.gov/Publications/ AgCensus/2022/F ull_ Report/Volume_l,_ Chapter_ 2_ County_ Level/California/st06 _ 2 _ 007 _ 007. pdf Resources for Farmworkers
The Housing Authority of Merced County funds four migrant housing centers, one of which is in Los Banos. It contains 48 units that offer temporary housing from April through November. To be eligible for migrant housing, households must earn a minimum of $5,752.50 annually from farm labor employment. The Migrant Center is located on W. Henry Miller Road, Los Banos. As reported in Table F3-30 above, there were 1,076 farmworkers living in Los Banos in 2021. Despite the housing opportunities at the Migrant Center, there is a significant gap in housing resources for farmworkers in the city. The City will implement Program 7 to facilitate housing for farmworkers .
Unhoused Households
Figure F3-2 shows unhoused households by type between 2005 to 2022. As shown, 2005 had the highest reported number of households (1,101) by the Merced County Continuum of Care (CoC), the majority of which were unsheltered. Data for 2020 indicates that 559 households were unhoused in the county, including 313 of those counted as unsheltered. These numbers increased from 2020 to 2022, at which point over 680 households were unhoused in the county.
F3-20
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City of Los Banos
Housing Needs Assessment
Figure F3-2 Unhoused Households by Type Over Time, Merced County 1200
1000
800
600
400
200
0 2005 2010 2015 2020
■ Emergency Shelter ■ Transitional Housing ■ Unsheltered Source: U.S. HUD, Coe Homeless Populations and Subpopulations Reports (2005, 2010, 2015, 2020, 2022). 2022
- [email protected]:i.e-CoC-for-Mei:Ged-C@unty,ir-ici-udlr-ig-Los-Sanos..-l"able--F.i.....3-2~------ provides the most recent point-in-time count for unhoused residents in the county. In 2023, there were a total of 784 unhoused people in Merced County, 14.4 percent of which live in Los Banos (113 people).
Table F3-32 Unhoused Individuals by Type (2023)
Jurisdiction Sheltered Unsheltered Total
Los Banos
Percent
Merced County
35 8.9%
394
Source: Merced City and County Continuum of Care, Point-in-Time Count (2022). 78 20%
390
113
14.4%
784
Figure F3-3 identifies unhoused individuals by type and race in Merced County for the year 2023. As shown, 53.2 percent of the unhoused population countywide was reported as sheltered. In terms of race, 69 percent reported as white, 17 percent as Black or African American, one percent as Asian, three percent as American Indian or Alaska Native, less than one percent as Native Hawaiian or Other Pacific Islander, and 10 percent as multiple races. 2024-2032 Housing Element F3-21
330
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) Figure F3-3 Unhoused Individuals by Type by Race (2023) 350
302
300
250
200
150
100
50 0
66 58
I S 5 7 12
- 2 2 12
-
63 Black or African- White Asian American Indian Native Hawaiian Multip.!eRaces AmeriGIII or Alaska Native or Other Pacific
Islander
■ Sheltered .., Uns et ere
Source: Merced City and County Continuum of Care, Point-in-Time Count (2023).
The CoC data also considers ethnicity countywide, as shown in Table F3-33. Among those counted, 332 of 784 individuals (42.3 percent) identified as Hispanic/Latino.
Table F3-33 Unhoused Individuals by Ethnicity (2023), Merced County Ethnicity Sheltered Unsheltered Total
Hispanic or Latino (any race)
Percent
Other
Percent
186
23.7 208
26.5 Source: Merced City and County Continuum of Care, Point-in-Time Count (2023). 146
18.6 244
31.1 332
42.3 452
57.7 The 2023 point-in-time count only provides specific demographic data for unsheltered residents in select jurisdictions with an unsheltered count of 15 or more persons. In Los Banos, 32 of 78 unsheltered residents identified as Hispanic/Latino.
Resources for Unhoused Individuals
The city of Los Banos has one permanent supportive housing facility named Project Hope Westside operated by Merced County Mental Health. It offers an eight-unit apartment complex for adults and older adults who are chronically unhoused and have a qualifying mental illness and substance abuse.
The lack of resources for the unhoused in Los Banos indicates a need for supportive and accessible housing for the unhoused population. The City will implement Program 10 to provide resources for people experiencing homelessness.
F3-22
331
F3. 1 O Housing Stock Characteristics
City of Los Banos
Housing Needs Assessment
A community's housing stock is defined as the collection of all housing units located within the jurisdiction. The characteristics of the housing stock, including growth, type, age, condition, tenure, vacancy rates, housing costs, and affordability are important in determining the housing needs for the community. The following sections detail the housing stock characteristics of Los Banos to identify how well the current housing stock meets the needs of current and future residents.
Housing Growth
Table F3-34 summarizes the growth in the housing stock in Los Banos by providing the total number of units constructed each decade from 1980 and 2020. The largest growth rate occurred between 1990 to 2000 with a 39.2 percent increase during this 10-year period. Growth then slowed steadily between 1990 and 2000 to a 41.3 percent increase. Between 2010 and 2020, however, the number of housing units in the city decreased by 0.1 percent.
Table F3-34 Total Housing Units Over Time (1980 to 2020) Jurisdiction 1980 1990 2000 2010 2020
Los Banos
Percent Change
3,643 5,070
39.2%
8,049
58.8%
11,375
41.3%
11,358
-0.1%
Source: U.S. Census Bureau, Census 1980(STF1:T65), 1990(STF1:Hl), 2000(SF1 :Hl); ACS 16-20 (5-year Estimates), Table B25001.
Housing Type and Tenure
Table F3-35 identifies the total housing units by type in Los Banos, Merced County, and California. In Los Banos, single detached homes make up most of the housing stock, with 83.2 percent of total units. This is more than the county with 73.8 percent and the state with 57.6 percent. The second most common housing type is housing with five to nine units, making up 4.4 percent of the total units in the city. This is lower than the county (4.5 percent) and the state (5.9 percent). The next largest housing type in Los Banos is housing with three or four units, compromising 3.4 percent of total units in the city. This is lower than in the county (4.8 percent) and in the state (5.4 percent).
Notably, Los Banos has far fewer mobile homes (1.4 percent) than the county (6.7 percent) and the state (3.6 percent).
2024-2032 Housing Element F3-23
332
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032} Table F3-35 Total Housing Units by Type
1, 1, Mobile Boat, RV,
Jurisdiction Total Detached Attached 2 3 or 4 5 to 9 10 to 19 20 to 49 50 or more Home Van, etc.
Los Banos 12,459 10,368 392 252 427 544 75 104 82 172 43 Percent 83.2% 3.1% 2.0% 3.4% 4.4% 0.6% 0.8% 0.7% 1.4% 0.3% Merced County 86,767 64,045 1,908 2,785 4,172 3,876 1,634 801 1,649 5,775 122 Percent 73.8% 2.2% 3.2% 4.8% 4.5% 1.9% 0.9% 1.9% 6.7% 0.1% California 14,328,539 8,248,814 1,031,608 340,666 777,600 842,158 721,058 713,636 1,121,470 514,764 16,765 Percent 57.6% 7.2% 2.4% 5.4% 5.9% 5.0% 5.0% 7.8% 3.6% 0.1% Source: U.S. Census Bureau, ACS 2017-2021 (5-year Estimates), Table B25024.
F3-24
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City of Los Banos
Housing Needs Assessment
Table F3-36 indicates housing units by tenure. In Los Banos, 56 percent of units are owner-occupied compared to 44.0 percent renter occupied. The percentage of owner-occupied households is greater in Los Banos than in the county (51.6 percent owner-occupied) and state (55.5 percent).
Table F3-36 Housing Units by Tenure
Jurisdiction Total Owner-Occupied Renter-Occupied
Los Banos 12,025 6,732 5,293
Percent 56.0% 44.0%
Merced County 81,618 42,146 39,472
Percent 51.6% 48.4%
California 13,217,586 7,335,247 5,882,339
Percent 55.5% 44.5%
Source: U.S. Census Bureau, ACS 16-20 (5-year Estimates), Table 825042.
Vacancy Rate
Table F3-37 provides data on vacancy status by type for the total vacant units. Of the total vacant units in Los Banos (434), "other vacant" units make up the largest percentage of total vacant units.
These units make up 42.9 percent of total vacant units in the city, greater than both the county (39.4 percent) and state (28.3 percent). According to the 2021 ACS, there are no vacant units for rent in Los Banos, indicating that rental units are in high demand in the city. 2024-2032 Ho using Element F3-25
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Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) Table F3-37 Vacancy Status by Type for Total Vacant Units For Seasonal,
Rented, Not Sold, Not Recreational, or For Migrant
Jurisdiction Total For Rent Occupied For Sale Only Occupied Occasional Use Workers Other Vacant Los Banos 434 0 34 36 73 105 0 186
Percent 3.5% 0.0% 7.8% 8.3% 16.8% 24.2% 0.0% 42.9%
Merced County 5,149 1,298 112 377 553 556 202 2,051
Percent 5.9% 25.2% 2.2% 7.3% 10.7% 10.8% 3.9% 39.8%
California 1,110,953 240,840 53,537 73,319 54,970 370,908 2,992 314,387 Percent 7.8% 21.7% 4.8% 6.6% 5.0% 33.4% 0.3% 28.3%
Source: U.S. Census Bureau, ACS 2017-2021 (5-year Estimates). Table B25004.
F3-26
335
Housing Unit Size
City of Los Banos
Housing Needs Assessment
Table F3-38 provides housing unit size data for Los Banos, Merced County, and California. In Los Banos, three-bedroom units (49.8 percent) are the most common housing type, followed by fourbedroom (25 percent) and two-bedroom units (12.3 percent). This is similar to the statewide housing unit size trend; however, there is a notably smaller stock of one-bedroom units in Los Banos and Merced County when compared to the state.
Table F3-38 Housing Unit Size
5 of More
Jurisdiction Total Studio 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom Bedroom Los Banos 12,025 347 462 1,485 5,991 3,006 734
Percent 2.9% 3.8% 12.3% 49.8% 25.0% 6.1%
Merced County 81,618 1,883 4,320 16,306 38,451 17,656 3,002 Percent 2.3% 5.3% 20.0% 47.1% 21.6% 3.7%
California 13,217,586 564,387 1,691,491 3,539,857 4,451,995 2,373,268 596,588 Percent 4.3% 12.8% 26.8% 33.7% 18.0% 4.5%
Source: U.S. Census Bureau, ACS 2017-2021 (5-year Estimates), Table B25042.
Age and Condition of Housing Stock
Table F3-39 provides data on the total occupied housing units by year built. The city experienced the most growth between 2000 to 2009. During this period, 3,054 units were constructed, representing
25.4 percent of the housing stock at the time. The growth trends for Merced County Similarly, Merced County with 16,856 units being constructed between 2000 to 2009. In contrast, California indicates that the largest percentage of units were constructed in the 1970s, with 17.4 percent. In Los Banos, 705 units have been constructed since 2010 which accounts for 5.9 percent of the total housing stock. Of the 12,025 occupied housing units in the city, 3,879 units are more than 40 years old. This accounts for 32.3 percent of the total occupied housing units today. 2024-2032 Housing Element F3-27
336
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032} Table F3-39 Total Occupied Housing Units by Year Built
2020 or 2010 to 2000 to 1990 to 1980 to 1970 to 1960 to 1950 to 1940 to 1939 or Jurisdiction Total later 2019 2009 1999 1989 1979 1969 1959 1949 earlier Los Banos 12,025 0 705 3,054 2,987 1,400 1,524 817 585 731 222 Percent 0.0% 5.9% 25.4% 24.8% 11.6% 12.7% 6.8% 4.9% 6.1% 1.8% Merced 81,618 44 3,229 16,856 11,846 11,034 14,718 7,585 7,356 5,007 3,943 County
Percent 0.1% 4.0% 20.7% 14.5% 13.5% 18.0% 9.3% 9.0% 6.1% 4.8% California 13,217,586 15,877 634,508 1,451,946 1,438,264 1,980,874 2,295,943 1,728,569 1,755,123 753,750 1,162,732 Percent 0.1% 4.8% 11.0% 10.9% 15.0% 17.4% 13.8% 13.3% 5.7% 8.8% Source: U.S. Census Bureau, ACS 2017-2021 (5-year Estimates), Table B25036.
F3-28
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City of Los Banos
Housing Needs Assessment
Table F3-40 provides information on substandard housing units. In Los Banos, there are 40 units lacking kitchen facilities and zero units lacking plumbing facilities. By contrast, approximately 0.4 percent of units in the county and state lack plumbing facilities, and 0.4 percent in the county and
1.1 percent in the state lack kitchen facilities.
The City's Code Enforcement Division estimates that approximately 481 units require major rehabilitation and fewer than 10 units citywide are beyond the point of repair. Concentrated areas of substandard housing in the city are in central Los Banos. Enforcement staff regularly distribute information about housing resources to property owners undergoing enforcement and they provide connections to organizations such as Habitat for Humanity.
Table F3-40 Substandard Housing Units
Jurisdiction Total Lacking Plumbing Facilities Lacking Kitchen Facilities Los Banos 12,025 0
Percent 0.0%
Merced County 81,618 298
Percent 0.4%
California 13,217,586 53,643
Percent 0.4%
Source: U.S. Census Bureau, ACS 2017-2021 (5-year Estimates), Table B25049.
Housing Costs
Median Home Sale Price
40 0.3%
357
0.4%
149,252
1.1%
Table F3-41 provides information on the median housing value in Los Banos from 1980 to 2020. As shown, the home value experienced a large increase in value from 1980 to 1990. Median home values increased by 124.7 percent during this decade, which was the largest increase in value across all jurisdictions during this period. Changes in value have fluctuated in more recent years, including a 25.5 percent increase between 1990 and 2000, a much larger increase of 80.1 percent between 2000 and 2010, and a 21.1 percent increase between 2010 and 2020. According to Zillow, the average house prices were $343,829 in 2020 and $459,075 in 2024.
Table F3-41 Median Housing Value Over Time (1980 to 202) Jurisdiction 1980 1990 2000 2010 2020
Los Banos $49,000 $110,100 $138,200 $248,900 $315,500
Percent Change 124.7% 25.5% 80.1% 21.1%
Merced $57,700 $90,300 $103,200 $223,500 $251,500
Percent Change 56.5% 14.3% 116.6% 11.1%
Atwater $56,000 $89,400 $99,900 $214,600 $251,100
Percent Change 59.6% 11.7% 114.8% $232,700
Dos Palos $44,300 $66,900 $88,500 $179,800 22.7%
Percent Change 51.0% 32.3% 103.2% 14.5%
Gustine $50,800 $96,000 $111,400 $183,700 $273,500
Percent Change 89.0% 16.0% 64.9% 32.8%
2024-2032 Housing Element F3-29
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Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) Jurisdiction 1980 1990 2000 2010 2020
Livingston
Percent Change
Unincorporated County
Percent Change
$43,400
$53,100
$71,900
65.7%
$90,100
69.7%
Note: Data are not inflation-adjusted to current 2022 dollars. $92,300
28.4%
$110,900
23.1%
$244,900
165.3%
$241,000
117.3%
$231,100
-6.0%
$268,800
10.3%
Source: U.S. Census Bureau, Census 1980(ORG STFl), 1990(STF3), 2000(SF3); ACS 06-10, 16-20 (5-year Estimates), Table B25077 .
Table F3-42 provides information on the median housing value in Los Banos over the past five years.
As shown, housing values in Los Banos have steadily risen over this time period, with the largest increase in value occurring between 2017 and 2018 (17.1 percent}. The lowest increase in value occurred between 2019 and 2020 (7.5 percent). Jurisdictions throughout the county experienced a similar trend, where the highest median housing value growth occurred between 2017 and 2018, followed by significantly smaller gains between 2019 and 2020.
Table F3-42 Median Housing Value from 2017 to 2021
Jurisdiction 2017 2018 2019 2020 2021
Los Banos $226,700 $265,500 $293,400 $315,500 $340,800
Percent Change 17.10% 10.50% 7.50% 8.00%
Merced $185,700 $212,100 $237,500 $251,500 $268,600
Percent Change 14.20% 12.00% 5.90% 6.80%
Atwater $179,400 $207,800 $229,400 $251,100 $265,200
Percent Change 15.80% 10.40% 9.50% 5.60%
Dos Palos $134,000 $183,500 $194,500 $232,700 $252,800
Percent Change 36.90% 6.00% 19.60% 8.60%
Gustine $157,600 $195,000 $222,700 $273,500 $322,300
Percent Change 23.70% 14.20% 22.80% 17.80%
Livingston $187,500 $222,400 $229,900 $231,100 $242,400 Percent Change 18.60% 3.40% 0.50% 4.90%
Merced County $196,200 $229,500 $252,700 $268,800 $288,400 Percent Change 17.00% 10.10% 6.40% 7.30%
Note: Data are not inflation-adjusted to current 2022 dollars.
Source: ACS 2017-2021 (5-year Estimates), Table B25077.
F3.11 Distribution of Owner-Occupied .Units
Table F3-43 compares data on the number of owner-occupied housing units by race In Los Banos, Merced County, and California. In Los Banos, a majority of owner-occupied units are occupied by residents that identify as white (56.1 percent}. This is slightly lower than in Merced County (59.4 percent) and higher than in California (41.6 percent}.
Considering ethnicity, 57.7 percent of all owner-occupied units are occupied by Hispanic/Latino residents of any race. This is higher than in Merced County (43.5 percent} and in California (24.1 percent}. Given that 73.2 percent of the entire population of Los Banos identifies as Hispanic/Latino of any race, this group is underrepresented in the housing market.
F3-30
339
Table F3-43 Owner Occupied Units by Race
American
Indian
and
Alaska
Jurisdiction White Black Native Asian
Los Banos 3,779 149 75 258
Percent 56.1% 2.2% 1.1% 3.8%
Merced County 25,012 1,182 436 2,801
Percent 59.3% 2.8% 1.0% 6.6%
California 4,660,216 287,300 53643 1,150,895
Percent 62.1% 3.8% 0.7% 15.3%
Source: U.S. Census Bureau, ACS 2017-2021 (5-year Estimates), Table B25003.
F3.12 Housing Rents
Native
Hawaiian
and
Other
Pacific
Islander
0 0.0%
43 0.1%
18216
0.2%
City of Los Banos
Housing Needs Assessment
Some Two or
Other More Hispanic/Latino
Race Races of any Race
1,839 632 3,885
27.3% 9.4% 57.7%
9,588 3,084 18,848
22.7% 7.3% 43.5%
633,875 531,102 1,807,053
8.4% 7.1% 24.1%
According to the 2017-2021 ACS, the median contract rent in Los Banos was $1,117 per month (Figure F3-4). This was hi her than the median for the county at $923 and lower than the s_t_at_e ____ _ median of $1,547. Recent rental market trend data as of September 2024 from Apartments.com shows that the average rent for a two-bedroom apartment is around $1,155. 6 The median rental price for all bedroom and property types listed on Zillow.com was $2,290. 7 Figure F3-4 Median Contract Rent
Median Contract Rent
$2,000
$1,547
$1,500
$1,117
$1,000 $923
$500
$-
Los Banos Merced County California
Source:_U.S. Census Bureau, ACS 2017-2021 (5-year Estimates), Table B250S8 Table F3-44 below provides data on median gross rent from 1980 to 2020. Median gross rent has grown from $222 per month in 1980 to $1,253 in 2020. Between 1980 and 1990 rents in the city grew by 84.7 percent before slowing significantly to an increase of 37.1 percent between 1990 and 2000. From 2000 to 2010, rents increased sharply again (73.0 percent increase) before again slowing to an increase of 28.9 percent between 2010 and 2020.
6 Rental Market Trends. Apartments.com. Accessed September 2024. https://www.apartments.com/rent-market-trends/los-banos-ca 7 Zillow Rental Manager: Los Banos, CA Rental Market. Accessed September 2024. https://www.zillow.com/rental-manager/markettrends/los-banos-ca 2024-2032 Housing Element F3-31
340
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) Table F3-44 Median Gross Rent Over Time, Los Banos
1980 1990 2000 2010 2020
Los Banos
Percent Change
$222 $410
84.7%
$562
37.1%
$972
73.0%
$1,253
28.9%
Source: Source: U.S. Census Bureau, Census 1980 (ORG STF3), 1990 (STF3), 2000 (SF3); ACS 2006-2010, 2016-2020 (5-year Estim 3tes), Table B25064.
Table F3-45 provides an overview of median rent for rental housing by number of bedrooms based on 2017-2021 ACS data. The median rent data shows the estimated rent in Los Banos is $1,015 for a two-bedroom and $1,378 for a three-bedroom unit. Rents in Los Banos are generally higher than in the county and significantly lower than statewide rents.
Table F3-45 Median Rent by Number of Bedrooms
Jurisdiction Studio 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom Los Banos
Merced County
California
$669
$708
$1,293
$1,011
$795
$1,450
$1,015
$989
$1,737
Source: U.S. Census Bureau, ACS 2017-2021 (5-year Estimates), Table B25031 .
F3.13 Housing Affordability
$1,378
$1,234
$1,948
$1,844
$1,548
$2,326
Housing affordability levels are calculated using the median household income. Affordable monthly housing costs are calculated by taking 30 percent of the annual income and dividing it by 12 months.
The rental utility allowance is a fixed number provided for each household size by the Merced County Housing Authority. Taxes, insurance, and homeowners' association fees are calculated as 20 percent ofthe monthly affordable rent. Affordable monthly rent is calculated by subtracting affordable monthly housing costs and the rental utility allowance. Affordable home prices assume a 30-year fixed mortgage with a seven percent interest rate and 10 percent down payment. Taxes, insurance, and homeowners' association fees only apply to homeowners.
Table F3-46 shows the maximum amount that a household can pay for housing each month without incurring a cost burden (overpayment) for Los Banos. A summary of each income category's ability to pay for housing is provided below the table.
Table F3-46 Housing Affordability Matrix - Los Banos (2021) Annual Affordable Rental Utility Taxes, Insurance,
Income Monthly Allowance Homeowners Affordable Affordable Limits Housing Costs (2020} Association Fees Rent Home Price Extremely Low-income (0-30% AMI}
1-Person {Studio) $15,600 $390 $192 $40 $198 $52,107
2-Person {1 BR) $17,850 $446 $233 $43 $213 $59,622
3-Person (2 BR) $20,100 $503 $236 $53 $267 $67,137 ----------------·· 4-Person (3 BR) $22,300 $558 $257 $60 $301 $74,486 - 5-Person (4 BR) $24,100 $603 $279 $65 $324 $80,498 ·------~--- F3-32
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Annual Affordable Rental Utility Taxes, Insurance,
Income Monthly Allowance Homeowners Affordable Affordable Limits Housing Costs (2020) Association Fees Rent Home Price Very Low-income (30-50% AMI}
1-Person $26,050 $651 $192 $92 $459 $87,011
2-Person $29,750 $744 $233 $102 $511 $99,370 ----·--
3-Person $33,500 $838 $236 $120 $602 $111,896
4-Person $37,200 $930 $257 $135 $673 $124,254
5-Person $40,150 $1,004 $279 $145 $725 $134,108
Low-income (50-80% AMI)
1-Person $41,650 $1,041 $192 $170 $849 $139,118 -····------·-··-- ·- -- 2-Person $47,600 $1,190 $233 $191 $957 $158,992
3-Person $53,550 $1,339 $236 $221 $1,103 $178,866
4-Person $59,500 $1,488 $257 $246 $1,231 $198,740 -···-----· -----··- 5-Person $64,300 $1,608 $279 $266 $1,329 $214,773
Median-income (80-100% AMI)
1-Person $52,100 $1,303 $192 $222 $1,111 $174,023 -·-----··- 2-Person $59,500 $1,488 $233 $251 $1,255 $198,740 ------------- -- 3-Person $66,950 $1,674 $236 $288 $1,438 $223,624 ------··· ---·-··· ---· 4-Person $74,400 $1,860 $257 $321 $1,603 $248,509 ------ 5-Person $80,350 $2,009 $279 $346 $1,730 $268,383
Moderate-Income (100-120% AMI)
1-Person $62,500 $1,563 $192 $274 $1,371 $243,554
2-Person $71,400 $1,785 $233 $310 $1,552 $278,236 - - ----·- - ---·· -------··---····- 3-Person $80,350 $2,009 $236 $355 $1,773 $313,113 --- ----·--•--·--. ··------··· --· «----·· ·--····-··" 4-Person $89,300 $2,233 $257 $395 $1,976 $347,990 --·----------- 5-Person $96,400 $2,410 $279 $426 $2,131 $375,658
Source: U.S. Census Bureau, ACS 2017-2021 (5-year Estimates), Table B19113.
Extremely Low-income Households
ELI households earn 30 percent or less of the county median income. ELI households have an annual income of $15,600 or below for a one-person household and $24,100 or below for a five-person household. ELI households cannot afford market-rate rental or ownership housing in Los Banos.
Very- Low-income Households
Very low-income households earn between 31 and SO percent of the county median income - up to $26,050 for a one-person household and up to $40,150 for a five-person household in 2022. A very low-income household can generally afford homes offered at prices between $87,011 and $134,108, adjusting for household size. After deductions for utilities, a very low-income household can afford to pay approximately $459 to $725 in monthly rent, depending on household size. Given the cost of housing in Merced County, very low-income households could not afford to purchase a home or rent an adequately sized unit.
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Merced County Multi-Jurisdictional Housing Element (2024-2032) Low-income Households
Low-income households earn between 51 and 80 percent of the county median income - up to $41,650 for a one-person household and up to $64,300 for a five-person household in 2022. A lowincome household can generally afford homes offered at prices between $139,118 and $214,773, adjusting for household size. After deductions for utilities, a low-income household can afford to pay approximately $849 to $1,329 in monthly rent, depending on household size. Finding appropriately sized market-rate rental housing can be challenging to households in this income group.
Median-Income Households
Median-income households earn between 80 and 100 percent of the county's median income - up to $52,100 for a one-person household and up to $80,350 for a five-person household in 2022. The affordable home price for a median-income household ranges from $174,023 to $268,383. After deductions for utilities, a one-person median-income household could afford to pay up to $1,111 in rent per month and a five-person low-income household could afford to pay as much as $1,730.
Finding appropriately sized market-rate rental housing can be challenging to households in this income group.
Moderate-Income Households
Moderate-income households earn between 100 and 120 percent of the county's median income - up to $62,500 for a one-person household and up to $96,400 for a five-person household in 2022.
The maximum affordable home price for a moderate-income household is $243,554 for a oneperson household and $375,658 for a five-person family. Moderate-income households in Merced County could afford to purchase the median priced home; however, finding an affordable adequately sized home could present a challenge for households earning incomes at the lower end of the middle/upper category. The maximum affordable rent payment for moderate-income households is between $1,371 and $2,131 per month. Appropriately sized market-rate rental housing is generally affordable to households in this income group.
Workforce Housing
Federal guidelines define workforce housing as housing that is affordable to households earning incomes within the range of 60 to 120 percent of the median income (in Los Banos, that range is $44,640 to $89,280 for a household of four). A broader definition of workforce housing is housing that is affordable to people who work in the county. A four-person household with an annual income of $74,400 could afford monthly rent of $1,603 for a three-bedroom housing unit and a home purchase price of $248,509 without being burdened by housing costs. As noted in Table F3-45, the average monthly rental price for a three-bedroom unit is $1,378, lower than the median income in Los Banos.
Cost Burden
Table F3-47 and Table F3-48 identify cost-burdened households by tenure overtime in Los Banos.
There has been a decrease in the number of owner-occupied cost-burdened households from 2,556 households in 2010 to 1,135 in 2020. Cost-burdened renter-occupied households show an increase in cost burdened households from 1,523 units in 2010 to 1,828 units in 2020.
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Table F3-47 Cost Burdened Owner-Occupied Households Over Time Jurisdiction 1980 1990 2000 2010 2020
Los Banos
Percent
270 380
40.7%
Note: Data are not inflat ion-adj usted to current 2023 dollars. 1,165
206.6%
2,556
119.4%
1,135
-55.6 %
Source: U.S. Census Bu reau, Census 1980 (ORG STF l), 1990 (STF3), 2000 (SF3); ACS 2006-2010, 2016-2020 (5-year Estimates), Ta ble B25077.
Table F3-48 Cost Burdened Renter-Occupied Households Over Time Jurisdiction 1980 1990 2000 2010 2020
Los Banos
Percent
413 702
70.0%
Note: Data are not inflation-adjusted t o current 2022 dollars. 621
-11.5%
1,523
145.3%
1,828
20.0%
Source: U.S. Census Bureau, Census 1980 (ORG STFl), 1990 (STF3), 2000 (SF3); ACS 2006-2010, 2016-2020 (5-year Estimates), Table B25077.
CHAS data provided by HUD provides information on cost burden by income category based on the HUD Area Median Family Income (HAMFI). This data is included in Table F3-49 below. While the totals do not align exactly with 2020 ACS data presented above, the CHAS data gives insight into which income categories are currently experiencing costs burdens in the city. As shown, lowerincome households experienced a high rate of cost burden greater than 30 percent, including 1,070 of 1,365 extremely low-income households, 1,015 of 1,344 very low-income households, and 1,010 of 1,870 low-income households.
Table F3-49 Cost Burden by Income and Tenure
Owner Renter Grand
Row Labels occupied occupied Total
Household income is<= to 30% of HAMFI (extremely low income) 39S 970 136S Housing cost burden is <= to 30% 90 205 295
Housing cost burden> 30% but<= to 50% 55 140 195
Housing cost burden is > 50% 250 625 875
Income is greater than 30% but<= to SO% of HAMFI (very low income) S80 764 1344 Housing cost burden is<= to 30% 210 119 329
Housing cost burden is > 30% but <= to 50% 210 300 510
Housing cost burden is > 50% 160 345 505
Income is> SO% but<= to 80% of HAMFI (low income) 1070 800 1870 Housing cost burden is <= to 30% 530 330 860
Housing cost burden is > 30% but <= to 50% 420 415 835 --- Housing cost burden is > 50% 120 55 175 Income is > 80% <= to 100% of HAMFI (median income) 680 370 1050 Housing cost burden is <= to 30% 555 280 835 ·•···••--· --··-·-··-- Housing cost burden is > 30% but <= to 50% 95 90 185 ------···-·- Housing cost burden is > 50% 30 30
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Merced County Multi-Jurisdictional Housing Element (2024-2032) Owner Renter Grand
Row Labels occupied occupied Total
Income is greater than 100% of HAMFI (moderate income) 3370 1685 5055 Housing cost burden is <= to 30% 2,950 1,530 4480
Housing cost burden is> 30% but <= to 50% 420 155 575 ....... - ---·--·· ·-····- -- --· Housing cost burden is > 50%
Grand Total 6095 4589 10684
Source: U.S. Depa rtment of Housing and Urban Development, CHAS dataset, 2015-2019 (5-Year Estimates), Table 6, Table 7.
F3. l 4 Assisted Housing Units
Assisted housing units are those that are restricted for use by occupants with limited household incomes. These units are assisted under federal, state, and/or local programs, including HUD programs, state and local bond programs, former redevelopment agency (RDA) programs, density bonus, or direct assistance programs.
At-Risk Housing Units
The California Housing Partnership maintains an affordable housing database to monitor changes in affordable housing and to identify units or housing developments that are at risk of converting to market-rate uses. Assisted units in the preservation data base are classified by the following risk categories:
• Low Risk: affordable housing units that are at-risk of converting to market rate in ten+ years and/or are owned by a large/stable non-profit, mission-driven developer. • Moderate Risk: affordable housing units that are at-risk of converting to market rate in the next five-ten years that do not have a known overlapping subsidy that would extend affordability and are not owned by a large/stable non-profit, mission-driven developer. • High Risk: affordable housing units that are at-risk of converting to market rate in the next one to five years that do not have a known overlapping subsidy that would extend affordability and are not owned by a large/stable non-profit, mission-driven developer.
Table F3-50 shows assisted units in Los Banos by estimated affordability end date. As shown, there are 584 assisted units in the city, none of which are at risk of conversion to market rate by 2033.
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Table F3-50 Inventory of Public Assisted Complexes - Los Banos City of Los Banos
Housing Needs Assessment
Estimated
Affordable Total Affordability End Risk
Name Address City Zip Units Units Active Program(s) Vear/Date Level Los Banos Apartments 44 West I Street Los Banos 93635 66 68 LIHTC; USDA 2066 Low -- - --- ... - Central Valley Apts 1100 D Street Los Banos 93635 40 40 USDA 3/29/2035 Low -------- ·-------- Pacheco Place MHSA 232 W. J Street Los Banos 93965 10 11 CalHFA 1/1/2042 Low -- Central Valley II Apartments 1130 D Street Los Banos 93635 38 38 USDA 07/30/2038 Low Carrington Pointe 1985 San Luis Street Los Banos 93635 79 80 LIHTC 2052 Low ------- --- Los Banos Family Apartments 2235 Gilbert Gonzales Jr. Drive Los Banos 93635 105 105 LIHTC; HCD 1/22/2065 Low (Aka Pacheco Village) - ----
Los Banos II Family Apartments 2125 Gilbert Gonzalez Jr. Drive Los Banos 93635 79 80 LIHTC 2064 Low - - ------·--·- Macarthur Apartments 1130 F Street Los Banos 93635 49 50 LIHTC; HUD; USDA 2060 Low ----- --- --
Heritage Village Apartments 1156 San Luis Street Los Banos 93635 49 50 LIHTC; USDA 2059 Low - -- - -------· --- - - Overland Court Apartments 405 Rockport Dr. Los Banos 93635 69 70 LIHTC 2069 Low Note: All locally assisted or restricted developments may not be included in this list.
Source: California Housing Partnership, Publicly Assisted Housing Units, 2023. 2024-2032 Housing Element F3-37
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HUD Section 8 Program
Under the HUD Section 8 program, which is administered by the Housing Authority of the County of Merced, participating building owners are entitled to receive HUD Fair Market Rents (FM Rs) for units with Section 8 contracts. For Section 8 units, HUD makes up the difference between 30 percent of a household's monthly income and the FM Rs.
Low-Income Housing Tax Credit (LIHTC)
Created in 1986 by the federal government, the LIHTC program offers tax incentives to encourage the development of affordable housing. The LIHTC is jointly administered by the IRS and state Housing Credit Agencies (HCA) and have funded over eight billion annual tax credit units nationwide. California's HCA is the Tax Credit Allocation Committee (TCAC).
California Housing Finance Agency (ColHFA}
CalHFA uses approved private lenders and purchases loans that meet CalHFA standards to support very low-, low-, and moderate-income assisted units. CalHFA partners with jurisdictions, developers, and other organizations to provide a variety of resources including loan assistance programs for homebuyers and renters aimed at increasing housing opportunities for low- and moderate-income residents.
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F4 Housing Constraints Analysis
Constraints to the development of adequate and affordable housing include market, governmental, infrastructure, and environmental factors. These constraints may result in housing that is not affordable to low- and moderate-income households and may render residential construction economically infeasible for developers. Constraints to housing production significantly impact households with low and moderate incomes and special needs.
According to Government Code Section 65583, local governments are required to analyze governmental and non-governmental constraints to the production, maintenance, and improvement of housing for persons of all income levels and those with special needs and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing as part of housing elements update. Where constraints to housing production are related to the City's regulations or land use controls, the City must identify appropriate programs to mitigate these constraints, particularly ones that impact the production of affordable housing or housing for special needs populations.
The following chapter outlines non-governmental, governmental, environmental, and infrastructure constraints and was used in the development of specific policies and actions included in the Housing Plan to remove barriers to housing and to incentivize housing production, specifically targeting housing production at all income levels and housing for persons with special needs.
F4.1 Summary of Local Housing Constraints
■ The costs associated with developing housing, including land costs and construction costs, are rising rapidly. There is a lack offederal, state, and local funding and the funding that is available is increasingly competitive. The time and effort needed to identify, compete for, and layer affordable housing funds is a major constraint to development of affordable housing. ■ Although Los Banos' development regulations allow for a variety of densities throughout the city, development standards are not sufficiently flexible. Residential parking requirements, permitting requirements single-room occupancy units, and subjective design standards potentially constrain the development of a variety of housing types. • Use permit regulations for small and large residential care facilities in certain zoning districts could pose a constraint to housing for individuals with special needs and use permit regulations for emergency shelters in certain zoning districts could pose a constraint on housing access for unsheltered individuals.
• Los Banos' development review and impact fees are much higher than in other cities in the region, which may be a constraint to development.
F4.2 Non-Governmental Constraints
The availability of housing is affected by a complex set of interrelated market factors including the cost of land, cost of construction, and availability of financing. These factors contribute to determining a new home's sale price or the rents required to make a project feasible. Nongovernmental constraints include factors outside of direct governmental control that directly impact housing prices. The cost of construction and the availability of financing contribute_to the cost of 2024-2032 Housing Element F4-l
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Merced County Multi-Jurisdictional Housing Element (2024-2032) housing and can hinder the production of affordable housing. The following analysis accounts for these non-governmental constraints.
F4.2.1 Land Costs
The cost of land can impede the production of affordable housing. Land costs are influenced by many variables, including land scarcity and developable density (both of which are indirectly controlled through governmental land use regulations), location, site constraints, and the availability of public utilities.
Table F4-1 provides the average price per acre for land listed for sale throughout Los Banos in August 2023. The average price per acre was significantly higher for smaller lots, most of which are located in non-agricultural districts. The average price per acre for all plots was $390,470.70. The price per acre is less for larger lots, which average $76,863.27.
Table F4-1 Listed Land Prices - Los Banos
Lot Size Average Price per Acre (Listed)
Less than 10 acres
10 or more acres
Average $/acre
Source: Zillow, Inc. 2023.
$782,480.00
$76,863.27
$390,470.70
Table F4-2 provides the average price per acre for land sold in 2022 in Los Banos. The average price per acre for all land sales across Los Banos was $403,245.80, slightly higher than the average list price shown above. The average sales price per acre for larger lots was $8,981.48, which is lower than the average price per acre for all sales, but higher than the average price per acre for listed properties.
Table F4-2 Sold Land Prices - Los Banos
Lot Size Average Price per Acre (Listed)
Less than 10 acres
10 or more acres
Average $/acre
Source: Zillow, Inc. 2023.
Conclusion
$442,672.23
$8,981.48
$403,245.80
The housing market (vacant and developed land) in the City of Los Banos can vary depending on location, allowable density, availability of improvements, and proposed land use of the site. In general, entitled single-family subdivisions with infrastructure extension plans command higher prices than raw undeveloped land.
While land costs increase over time, these raw costs are not necessarily a constraint to housing. In general, land costs in Merced County are lower compared to coastal counties, and comparable in price to other nearby counties such as Madera and Fresno counties. As a result, raw land costs are not considered a constraint to the development of housing.
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Recommended Action
None required.
F4.2.2 Construction Costs
Construction costs can be broken down into two primary categories: materials and labor. A major component of the cost of housing is the cost of building materials, including wood and wood-based products, cement, asphalt, roofing materials, and pipe. The availability and demand for such materials affect prices for these goods.
Another major cost component of new housing is labor. The cost of labor in Merced County is comparatively low because the area's cost of living is relatively low compared to other areas in California. However, labor for government subsidized housing work is additionally costly for the Central Valley, as wages are rooted in the required state labor standards based on higher northern and southern California prevailing wages.
Based on recent affordable multi-family projects, the cost of construction in the county is estimated to be between $400,000 and $675,000 per unit.
1 The estimate includes direct and indirect (e.g.,
insurance, permits, utilities, plans) construction costs, including material, labor, and equipment costs, the price of land, development impact fees, and administrative costs. --Tabi-e-f--4~3--s·huws-the-estimated-co-srof-constra-ctinga-bastc-1-;-5tltl-s-qa-arefoorsingte-i'amilyilome"to------- be $300,252.19 in incorporated areas of the county and $243,977.58 in unincorporated areas. This estimate includes construction costs such as materials, labor, and equipment costs, but does not include the price of land, development impact fees, administrative costs, or developer profit.
Table F4-3 Estimated Construction Cost
Item Cost
MateriaP $146,386.55
Labor2 $92,711.48
Equipment3 $4,879.55
Total $243,977.58
Based on average costs of lots and units sold in 2022 and 2023. Typical 6,000 sq. ft. residential lot and 1,500 sq. ft. single-family unit; 20 percent administrative costs and developer profit.
Source: Zillow, Inc 2023
Table F4-4 shows the estimated typical development costs in Los Banos for a single-family home, assumed to be 1,600 square feet, and a 10-unit multi-family development with 800-square foot units. This includes the price of la_nd, site improvement costs, construction costs, and permit and development impact fees; however, this does not include financing or marketing costs by the developer. As shown in the table below, the typical cost of an individual single-family development is an estimated $772,779, while the development cost of an apartment unit is an estimated $367,556.
1 Central Valley Voice, City of Merced Affordable Housing Project Update, October 1, 2022, https://centralvalleyvoice.com/2023/02/22/city-of-merced-affordable-housing-project-update/ accessed June 2023. 2024-2032 Housing Element F4-3
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Merced County Multi-Jurisdictional Housing Element (2024-2032) Table f4-4 Estimated Construction Cost
Cost Type Single-Family1 Multi-Family2
Home Price3 $480,000 $2,400,000
Site Improvement Cost $8,000 $20,000
Construction Cost $267,790 $1,198,400
Permit and Impact Fees $16,989 $57,160 - ----··-···---···- Total Cost $772,779 $3,675,560
Cost per Unit $772,779 $367,556
(1) Assumed to be a 1,600 sq. ft. single family home.
(2) Assumed t o be a 10-unit multi-family complex of 800 sq. ft. units. (3) Land price based on average price per square foot provided by the city at $300 per square foot There is little that municipalities can do to mitigate the impacts of high construction costs, apart from reducing the number of local amendments to uniform building codes that unnecessarily increase construction costs without significantly adding to health, safety, or construction quality.
Conclusion
Although the cost of co·nstruction constrains affordable housing development, construction costs are similar across jurisdictions in Merced County, illustrating that the constraints are market driven rather than a product of local policies.
Recommended Action
None required .
F4.2.3 Availability of Financing
Mortgage interest rates have a large influence over housing affordability. Higher interest rates increase a homebuyer's monthly payment and decrease the range of housing that a household can afford. Lower interest rates result in a lower cost and lower monthly payments for the homebuyer.
When interest rates rise, the market typically compensates by decreasing housing prices. Similarly, when interest rates decrease, housing prices begin to rise. There is often a lag in the market, causing housing prices to remain high when interest rates rise until the market catches up. Lower-income households often find it most difficult to purchase a home during this period.
Where financing is available, construction capital seems to be directed at the best transactions - those with large, established, and well-capitalized sponsors. Given recent trends of increasing interest rates, the availability of financing is likely to be more of a constraint on new housing construction during this Housing Element planning period than it has been in the recent past.
F4.2.3.1 Market-Rate Development Financing
As discussed in Land Costs and Construction Costs, above, market-rate development is generally financed by investors, and the cost to build a project must be recovered by revenue from sales or rents, which drives up the ultimate rent or sales prices of new housing as the component costs increase. A market in which housing supply is limited and demand is high can support higher housing prices, but lower-income segments of the community are priced out. Therefore, it is difficult F4-4
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for the private sector, for-profit developers, and market-rate housing to meet the housing needs of all community members.
F4.2.3.2 Affordable Housing Financing
A description of available funding sources for affordable development is provided in Chapter F3, Housing Needs Assessment.
F4.2.3.3 Mortgage and Rehabilitation Financing
The availability of financing affects the ability of residents to purchase or improve a home. Under the Home Mortgage Disclosure Act (HMDA), lending institutions are required to disclose information on the disposition of loan applications and the income, gender, and race of loan applicants. The primary purpose of reviewing the lending activity is to determine whether home financing is available to city residents. The data presented in this section includes the disposition of loan applications submitted to financial institutions for home mortgages, home improvement, and refinance loans.
Lending activity data provides information regarding home financing availability for city residents.
The most recent data set available for the County of Merced from 2022 shows that 10,760 households applied for a home financing loan which includes loans for home purchase, home improvement, and refinancing. As discussed in Chapter 3, Regional Housing Constraints, of the total applications received for home purchase 47.7 percent of the loans originated while 15.7 percent were denied.
Conventional loans are made by the private sector (banks, mortgage companies, etc.) and are not guaranteed or insured by the U.S. government. Conversely, government-backed loans, such as those issued by the Federal Housing Administration, Department of Veterans Affairs, and the Rural Housing Services/ Farm Service Agency, are completely or partially insured by the U.S. government.
Within the County, 8,028 ofthe applications received were for conventional loans and 2,732 were for government backed loans. As discussed in Chapter 3, Regional Housing Constraints, 37.0 percent of the conventional loans originated, and 12.6 percent of the applications were denied. Additionally,
10.7 percent of the government backed loans were originated and 3.1 percent of the applications were denied.
County data shows that of the loans originated, Hispanic/Latino applicants comprised approximately 50 percent of approvals, white, non-Hispanic/Latino comprised approximately 30 percent, Asian American represented 16 percent, Black/ African American applications represented three percent, and American Indian/ Alaskan Native comprised less than one percent of approved applications.
American Indian/ Alaskan Native and Black/ African American residents were the only racial populations that was representative for mortgage applications relative to proportion of population.
Hispanic/Latino residents were underrepresented for mortgage applications (SO percent of applications, 61 percent of population). White, Non-Hispanic residents were overrepresented for mortgage applications approvals relative to proportion of population (30 percent of approvals, 26 percent of population), as were Asian American residents (16 percent of approvals, eight percent of population). Black/African American residents were overrepresented in application denials (four percent of denials, three percent of the population).
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Merced County Multi-Jurisdictional Housing Element (2024-2032) F4.2.3.4 Construction Financing Timing
The timing between project approval and requests for building permits affects project viability.
Project delays may result from developers' inability to secure financing for construction. In Los Banos, the average time between project approval and request for building permit is typically three to nine months but varies by type of project. Some projects take years to pull building permits and secure financing. Building permit approval for single-family residences is a two-step process, where the single-family residence is part of a larger development. The master plans are for each residential model are approved generally within 30 to 45 days and multi-family is typically 60 days because the project sites are usually more complex.
Conclusion
Although discrimination in mortgage lending is prohibited by the federal Fair Housing Act, other factors may contribute to a potential homebuyer's ability to secure safe financing, such as credit history, savings, and education regarding the home-buying process. Federal Financial Institutions Examination Council (FFIEC) HMDA data, by itself, does not provide insight into these other factors .
Therefore, it is important that the City supports housing education and opportunities for all residents.
Recommended Action
The City shall continue to implement goals and policies to support homeownership opportunities and homebuyer education, particularly for racial and ethnic groups underrepresented in the homebuying market. This includes maintaining existing local programs such as the Homebuyer Assistance Program as well as state and federal program funding. The City will implement Program 10 to identify resources and funding to assist moderate and lower-income homebuyers. Through this program, Los Banos will promote the availability of Permanent Local Housing Allocation (PLHA) funds provide assistance for qualifying applicants includes help to cover costs of mortgage, rent, rental deposit, and/or utility expenses, with the goal of assisting eight households through these funds.
F4.2.4 Requests for Lower Development Densities
In Los Banos, requests for development at densities below anticipated densities seem to mostly occur for smaller townhouse projects on infill lots in established neighborhoods. The development approval of such projects at densities lower than maximum allowed densities is often driven by market preferences for the inclusion of certain project features and are not necessarily due to any singular code requirement. There is a strong preference for these types of developments to include two-car garages and larger unit sizes, which then limits site planning.
F4.3 Governmental Constraints
Although local governments have little influence on market factors such as interest rates, local policies and regulations can impact where, how much, and what type of residential development is built. Land use controls, site improvement requirements, fees and exactions, and permit processing procedures, among other policies and regulations, may constrain the maintenance, development, and improvement of housing.
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F4.3.1 Land Use Controls
Land use controls provided in the General Plan and the Zoning Ordinance influence housing production in various ways. Any permitted and conditionally permitted uses in each district guide new development and provide both developers and the public with an understanding of how vacant land should be developed in the future. This includes the density of development that will occur within a particular zoning district, the compatibility of planned uses in each area, and the range and type of buildings and uses that will be located throughout Los Banos.
F4.3. 1. 1 General Plan
The Los Banos 2042 General Plan, adopted in 2022, provides policies and programs to guide development in the City. The General Plan Land Use Element establishes land use categories that define the allowable uses and building densities/intensities throughout the city. The various types of housing units allowed in the city include single-family dwellings, multi-family dwellings, town homes, condominiums, and mobile homes. Residential densities in Los Banos cover a wide spectrum that promotes the development of various housing types.
The Los Banos General Plan contains the following residential land use designations:
• Low Density Residential: 2-6 units per acre. Intended for single-family development on lot sizes found in more urban settings.
• Medium Density Residential: 7-20 units per acre. Intended for small-lot single-family, lowdensity apartment complexes and multiple-unit homes. • High Density Residential: 20-30 units per acre. Intended for multi-family apartments and condominium development.
• Downtown Mixed Use: up to 30 units per acre. Intended for mixed-use development, located downtown, allowing for a mixture of commercial, office, institutional, public/semi-public, and residential uses.
• Agriculture/Rural: up to 0.1 units per acre. Intended for rural and agricultural land uses without municipal services. The typical development allows for large parcels with housing and agricultural-related service buildings and uses.
Conclusion
The General Plan includes six land use designations that allow residential uses with a density range from 0.1 to 30 dwelling units per acre. The densities are sufficiently high to allow the development of affordable housing for all income levels. Minimum densities are included to maximize residential development on a limited supply of land as well as achieve a balance and variety of housing types.
Recommended Action
None required.
F4.3. 1.2 Zoning Ordinance
The City regulates the type, location, density, and scale of residential development primarily through the Zoning Ordinance, as well as specific plan development codes. A zoning district is assigned to every parcel in the city and the Zoning Ordinance identifies compatible uses. In general, the City's zoning regulations are designed to balance the goal of providing a mix of residential and commercial land use types while protecting the health and safety of residents and preserving the 2024-2032 Housing Element F4-7
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Merced County Multi-Jurisdictional Housing Element {2024-2032) character of existing neighborhoods. Additionally, development standards such as setbacks, height limits, lot coverage, open space requirements, and parking identified for each zoning district. Some zoning districts may allow similar uses but have different development standards. Development standards may be considered a constraint to the development of housing units if they are too restrictive or reduce the development potential on a specific parcel.
The City's Zoning Ordinance allows residential uses in the following residential districts:
■ Low Density Residential District (R-1): The R-1 district is intended to provide a suitable environment for family life on a neighborhood basis, allowing single-family dwellings with a maximum residential density of six units per acre.
■ Medium Density Residential District (R-2): The R-2 district is intended to accommodate a variety of housing types, such as detached and attached single-family homes, duplexes, and triplexes with a maximum residential density of 20 units per acre. ■ High Density Residential District (R-3): The R-3 district is intended to accommodate multi-family uses, allowing triplexes and apartment buildings with a maximum residential density of 30 units per acre.
■
■
Mixed Use (M-X): The M-X district is intended to foster retail development, with associated residential, thereby enhancing the district as a pedestrian oriented shopping area.
Rail Corridor District (R-C): The R-C district is intended to allow a mix of development and a variety of housing types within the Rail Trail Corridor. Allowed residential uses include live-work facilities, stacked and courtyard flats, townhouses, cottage houses, and mixed-use development.
In Los Banos, minimum residential lot sizes are required in some districts. Table F4-5 provides the minimum lot area per dwelling unit standard by zoning district.
Table F4-5 Site Area Per Dwelling Unit (RM)
District Lot Area
R-1 6,000 square feet (7.2 units per gross acre)
R-2 4,000 square feet (10.9 units per gross acre)
R-3 3 units per the first 6,000 square feet and 1 unit per 1,500 square feet thereafter (30 units per gross acre) M-X 1,000 square feet (43.5 units per gross acre)
R-C None
Source: Los Banos Zoning Ordinance, Adopted June 2023.
Conclusion
The City's Zoning Ordinance provides for a range of densities and is consistent with the General Plan land use designations.
Recommended Action
None required.
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Table F4-6 shows the development standards for residential districts. The minimum parcel area for residential districts ranges from 6,000 square feet to 40 acres. Maximum site coverage ranges from five percent to 60 percent of the lot area.
The front setback requirement is 30 feet for AC and RR districts, 15 feet for all RS, RM districts and DRM-3 district, 20 feet for the DRM-2 district, and zero to 10 feet for the D-MX district. The side setback requirement is 30 feet for AC and RR districts, 15 feet for RS and RM districts, five to 10 for DRM districts, and zero for the D-MX district. Rear setback requirement is 30 feet for AC and RR districts, five feet for RS-2 and RM-1 districts, 10 feet for RS-1, RM, and DRM districts; and zero to 10 feet for the D-MX districts.
Maximum height requirements are 35 feet for AC, RR, RS, and RM-1 districts and 30 feet for RM-2 and RM-districts. Maximum height is 30 feet for the DRM-2 district, 40-50 feet for the ORM district, and 40 feet for the D-MX district. Maximum density ranges from 0.02 units per acre in the AC district to 41 units per acre in the D-MX districts.
Table F4-6 Residential Development Standards
Minimum Setback (in feet) Maximum Maximum
----------- Height Site Coverage Maximum
Zoning Minimum Maximum Height (Accessory (percent of Density District Parcel Area Front Side Rear (feet) Structure) lot) (du/acre) R-1 6,000 sq. ft. 201 5-20 10-202 30
R-2 4,000 sq. ft. 10-20 0-5 10-20 30
R-3 15 0-20 10 50
M-X 1,000 sq. ft. 04 0 0 50
R-C 0 0 0 3 Floors for mixed
use buildings,
stacked flats 2
Floors for livework buildings,
courtyard flats,
townhouses, and
cottage houses
1 10 feet for lots fronting a cul-de-sac bulb
2 10 feet for single-story and accessory structures; 20 for two-story or more structures 3 CUP required for increased height
4 Except if bordering major or collector street
Source: Los Banos Zoning Ordinance, Adopted June 2023.
Conclusion
153 70
70 70 30
30 Development standards related to parcel area, setbacks, height of primary structures, site coverage, and density do not constrain residential development.
Recommended Action
None required.
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Merced County Multi-Jurisdictional Housing Element (2024-2032) f 4.3.3 Parking
According to the Terner Center for Housing Innovation at UC Berkeley, parking can cost $25,000 to $75,000 per space to construct. However, given the age of data and the increased cost of land and construction costs discussed above, the costs per parking space are likely much higher. Parking provided in underground or structured parking facilities, or if required to be covered or enclosed, can significantly increase the cost of housing and could affect the feasibility of various housing projects in the city. In addition, requirements for parking space locations and maximum distances from dwelling units may also increase the cost of housing and affect the feasibility of housing projects. Requiring less parking not only reduces the project budget but can allow for more space to build additional housing units.
Table F4-7 provides the residential parking requirements in Los Banos.
Table F4-7 Residential Parking Requirements
Residential Use Required Parking Spaces
Single family units
Two-, three-, and four-family
Multi-family units
Senior residential units
1,000 sq. ft. or more
Less than 1,000 sq. ft.
1 bedroom or less
2 or more bedrooms
1 bedroom or less
2 or more bedrooms
Semi-independent/dependent units
Retirement homes
Source: Los Banos Zoning Ordinance, Adopted June 2023.
Conclusion
2 per unit
1 per unit
1.5 per unit
2 per unit
1.5 per unit
2 per unit
0.5 per unit plus 1 per employee
1.5 per unit plus 1 per employee
Residential parking requirements for one-bedroom or smaller units pose a potential constraint to housing development. Requiring more than one parking space for smaller units can be cost prohibitive for developers and may pose site design challenges.
Recommended Action
The City will implement Program 6 to revise parking requirements for one-bedroom units to no more than one space per unit.
F4.3.4 Open Space and Park Requirements
Open space requirements are established for the R-3 district and Rail Corridor District. In the R-3 district, each building site must provide landscaped and usable recreational and leisure areas equaling at least 200 square feet per dwelling unit. This area may include landscaped areas, walkways, recreation areas without structures, driveways, or parking spaces. The Rail Trail Corridor Regulating Plan outlines required open space in the Rail Corridor District, which consists of specific planned public spaces on planned sites. There are no open space requirements for housing development.
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Housing Constraints Analysis
Development standards related to open space and park requirements do not constrain residential development in Los Banos.
Recommended Action
None required.
F4.3.5 Growth Management
The Los Banos 2030 General Plan Land Use Element guides sustainable, balanced land use patterns that meet existing needs and will sustain future needs of the city. The Land Use Element promotes a well-defined compact urban form in order to preserve and protect agricultural lands and maintain the City's character. To achieve compact development, the Land Use Element establishes an Urban Growth Boundary (UGB) in which all developed is planned to occur within. The Land Use Element designates a mix of land uses that meet the housing and economic development needs of the community while balancing growth so that mixed use and high-density residential uses are concentrated in Downtown.
Conclusion
The City's growth management policy, as enforced by the UGB, does not constraint the development of housing in the city.
Recommended Action
None required.
F4.3.6 Density Bonus
California law requires local jurisdictions to provide density bonuses (generally ranging from five to 80 percent) and development incentives or concessions for housing developments that include housing units that are affordable to lower- and moderate-income households or senior housing or the donation of land for housing within the local jurisdiction (Government Code Section 65915- 65918). Certain housing development projects may be granted unlimited density if they meet certain conditions, including projects where 100 percent of units are affordable units (including density bonus units) with no more than 20 percent of units for moderate-income households and the project is located within on-half mile of a major transit stop as defined by subdivision (b) of Section 21155 of the Public Resources Code. An unlimited density bonus means there is no cap on the total number of residential units per acre permitted on the site; however, there are other restrictions, such as height limits, that have a practical limiting effect on the number of units that can be built. Development incentives or concessions are reductions or modifications to site development standards or architectural design requirements that result in cost reductions, such as setbacks, parking requirements, and maximum building height.
Article 34 of the City's Zoning Ordinance establishes the City's density bonus policy. The City provides a density bonus and other incentives or concessions to applicants for residential projects who agree to provide affordable or senior housing pursuant to Government Code Section 65915.
The City grants a density bonus for housing developments consisting of five or more residential units that meet at least one of the following criteria:
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Merced County Multi-Jurisdictional Housing Element (2024-2032) •
•
•
•
•
•
At least ten percent of the total units of the housing development as target units affordable to lower income households;
At least five percent of the total units of the housing development as target units affordable to very low-income households;
The project is a senior citizen housing development or is a mobile home park that limits residency based on age requirements for housing older persons; At least ten percent of the total dwelling units in a common interest development are for persons and families of moderate income, provided, that all units in the development are offered to the public for purchase;
At least ten percent of the total number of proposed units of housing for transitional foster youth disabled veterans or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act;
At least twenty percent of the total number of proposed units for lower income students in a student housing development that meets the requirements.
Density bonuses range from five percent to 35 percent dependent on the income level and percentage of affordable units. In addition, housing developments with at least 10 percent of units for transitional foster youth, disabled veterans, or homeless persons qualify for a density bonus of 20 percent. Housing developments with at least 20 percent of units for low-income students qualify for a density bonus of 35 percent. Regulatory concessions include waivers or reductions in development standards or modifications of parking requirements. Rental units must remain affordable for 55 years, and ownership units require an equity sharing agreement that is effective upon re-sale.
Applicants requesting a tentative subdivision map, parcel map, or other residential zoning entitlement development that donates land to the City for the purpose of constructing affordable housing are eligible for a density bonus. Density bonuses for housing developments with land donations range from 15 to 35 percent based on the income level and percentage of affordable units.
lnclusionary housing ordinances are implemented by local jurisdictions that require developers to reserve a certain percentage of units to further increase lower income housing stock. Los Banos does not have an inclusionary housing ordinance.
F4.3.6. 1 Processing of Density Bonus and Incentive Requests Within 30 days of receipt of a complete written proposal, the director shall notify the applicant in writing of: the types of incentives which may be recommended in order to comply with Article 34; and whether staff may support the granting of a density bonus on the basis of required development standards and findings. The target units must be compatible in floor plan, furnishings, and exterior design to non-designated units. Further, the target units must be reasonably dispersed throughout the development. Each density bonus project shall record an affordable housing agreement and resale and/or rental restrictive covenant, or other equivalent document approved as to form by the City attorney.
Conclusion
Recently passed state legislation includes new updates for density bonuses. Assembly Bill (AB) 571 prohibits local governments from charging affordable housing impact fees, including inclusionary F4-12
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zoning fees, public benefit fees, and in-lieu fees on deed-restricted affordable units that are part of a project eligible for a density bonus under state Density Bonus Law. AB 491 requires common entrances to amenities for affordable housing units and market-rate housing units in mixed income multi-family structures. AB 2345 amended the state Density Bonus Law to increase the maximum density bonus from 35 percent to 50 percent and the levels of bonus density between 35 percent and 50 percent are granted on a sliding scale. AB 1287 requires that additional density bonuses are to be administered when housing development conforms to specified requirements.
Recommended Action
The City will implement Program 6 to revise the City's density bonus requirements to comply with state law. In addition, Program 8 will establish density bonus standards and density increases under the City's Density Bonus Ordinance. Standards for this include an expedited and streamlined project application review for housing for very low-income households, large families, persons with disabilities or developmental disabilities, and farmworkers. Under this program, the Zoning Ordinance will be amended by January 31, 2025, to establish density bonuses for the housing types listed above.
F4.3.7 On- and Off-Site Improvement Standards
The typical improvements required by local jurisdictions for subdivision and development of property include reasonable off-site and on-site improvements for the parcels being created, including those that are necessary for public health and safety and/or a necessary prerequisite for the orderly development of the surrounding area. As stated in the U.S. Department of Housing and Urban Development's Study of Subdivision Requirements as a Regulatory Barrier, such requirements can reasonably be considered regulatory barriers to affordable housing if Los Banos determines that the requirements are greater (and hence, more costly) than those necessary to achieve health and safety requirements in the community.
The City's Zoning Ordinance details the following off-site improvements that may be required for a subdivision:
• A domestic water supply, including storage facilities, or financial contributions for the improvement of any existing source of supply and the construction of transmission lines from that supply to the proposed development;
• Sewage disposal facilities or financial contributions for the improvement of any existing sewage disposal system and the construction of transmission lines from the proposed improvements to the site of disposal;
• When flood zones are established by the Council, the subdivider shall pay the fee set forth for the particular zone in which the subject land lies;
• Properly graded, drained, and paved access roads; and • The extension of other utilities.
The subdivider may enter into an agreement for reimbursement by future developers for the facilities required by the City to the extent such facilities are in excess of sizes needed to serve the subdivision involved.
The City anticipates that the costs of on/off-site improvements amount to approximately seven to 10 percent of a project's total development costs. Additionally, building permit costs amount to approximately two percent of the total development cost, Development Impact Fees are 2024-2032 Housing Element F4-13
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Merced County Multi-Jurisdictional Housing Element (2024-2032) approximately 14 percent of the total project cost, and school Facility Mitigation Fees are approximately four percent of the total development cost. The City of Los Banos' subdivision regulations for off-site improvements are similar to other jurisdictions, and do not present a constraint to the development of affordable housing. In addition, the City offers flexibility for affordable projects that serve to reduce the number and type of requirements and encourage aesthetic and/or functional improvements over what is permitted.
The City's Zoning Ordinance requires curbs, gutters, sidewalks, and streetlights for new subdivisions.
According to the City's Improvement Standards and Specifications, the typical right-of-way for residential streets is 52 feet. Private residential streets may deviate from the City standards.
Streetlights and fire hydrants are required at regular intervals within the City to ensure an acceptable level of public health and safety. Residential streets shall have full off-site public improvements, including sidewalks, curbs, gutters, street lights, traffic signals and other conditions to ensure development in an orderly and efficient manner.
The City's Zoning Ordinance also requires the extension of necessary utilities for all development in Los Banos. The City has adequate capacity to provide water and sewer service to future housing development, and only needs to extend service lines to development areas. Within the City, electricity, natural gas, and communications infrastructure are provided by outside agencies. The improvement requirements imposed by those agencies are outside the purview of the City.
However, the City does require approval from those agencies prior to the approval of any subdivision map.
F4.3.7. 1 Improvement Standards
The City requires curbs, gutters, and sidewalks on all residential streets, including access ramps at corners. The typical right-of-way for local streets is approximately 58 feet, 36 feet of which is for pavement. The Municipal Code provides for a minimum right-of-way width of 36 feet for a subdivision . The Municipal Code also allows for private streets to deviate from the City standards, provided that future maintenance of the streets is assured by the developer. Streetlights and fire hydrants are required at regular intervals within the City to ensure an acceptable level of public health and safety.
The extension of necessary utilities is also a requirement for all development in Los Banos. The City has adequate capacity to provide water and sewer service to future housing development, and only needs to extend service lines to development areas. Within the city, electricity, natural gas, and communications infrastructure are provided by outside agencies. The improvement requirements imposed by those agencies are outside the purview of the City. However, the City does require approval from those agencies prior to the approval of any subdivision map.
Public improvement standards and approximate values for each standard are listed below. • Local Residential Street - 58-foot right-of-way, including two travel lanes and parking. Value:
range between $4.00 to $6.00/sf.
• Curb and Gutter - 30 inches from asphalt pavement to back of curb, 6 inches concrete over compacted native soil. Value: $15 to $25 per linear foot, dependent upon method of construction.
• Sidewalk- Five-to-six foot width for residential streets. Value: range between $4.00 to $5.00/sf.
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• Sewer Lateral - Four-inch PVC (dependent upon depth) with minimum slope of one-quarterinch per foot. Value: range between $3,000 to $4,000/ea. • One-inch Water Service - One-inch copper tube sizing polyethylene pipe, meter boxes, bronze saddles, straps, and bolts. Value: range between $2,000 to $4,000/ea.
Conclusion
On- and off-site improvement standards for the City of Los Banos are typical of small cities and comparable to surrounding jurisdictions. The City does not consider the requirements and associated cumulative development costs of on- and off-site improvements to be greater than those necessary to achieve health and safety requirements.
Recommended Action
None required.
F4.3.8 Provision of a Variety of Housing Types
Housing Element law specifies that jurisdictions must identify adequate sites that are zoned to encourage the development of a variety of housing types available to all economic segments of the population. Persons and households of different ages, types, incomes, and lifestyles have a variety of housing needs and preferences that evolve over time and in response to changing life circumstances. This includes single-family homes, multi-family housing, accessory dwelling units, mobile homes, agricultural employee housing, homeless shelters, and transitional housing, among others. TableF4-8 summarizes the housing types permitted and conditionally permitted for the City of Los Banos. Transitional housing and supportive housing must be permitted as a residential use in all zones allowing residential uses and only subject to those restrictions that apply to other residential dwellings of the same type in the same zone. Transitional and supportive housing for greater than seven persons is currently subject to a Conditional Use Permit (CUP) in the R-1 and R-2 zone. Therefore, the City will implement Program 6 to remove the CUP requirement.
TableF4-8 Residential Use Matrix
Residential Use R-1 R-2 R-3 M-X R-C
Single-family
Secondary unit
Duplex
p
p
p
p
--------------- Triplex
p
p
p
p
p
Multi-family residential
Small family daycare home
Large family daycare home
Day care center
--·---------·-----------------
Group home
Group Dwellings for 7 or more persons
Mobile Home Parks
Residential care facilities for 6 or fewer persons
Residential care facilities for 7 or more persons
Special needs housing for 6 or fewer persons
2024-2032 Housing Element
u
p
p
u
p
u
p
u
p
u
p
p
p
p
p -----------·--··
u
p
u
p
p
p
u
p
p
p
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Merced County Multi-Jurisdictional Housing Element (2024-2032) Residential Use R-1 R-2 R-3 M-X R-C
Special needs housing for 7 or more persons
Transitional/supportive housing for 6 or fewer persons
Transitional/supportive housing for 7 or more persons
Emergency homeless shelter
Employee Housing for 6 or fewer persons
Employee Housing for 7 or more persons
Mixed use development
Live-work facilities
Single room occupancy
P = permitted; U = Use Permit
Source: Los Banos Zoning Ordinance, Adopted June 2023.
Conclusion
u
p
u
u
p
u
u
p
u
p
p
u
The City allows for a variety of housing types in residential districts.
Recommended Action
p
p
p
p
p
p
p
p
p
The City will implement Program 6 to revise the Zoning Code to permit transitional/supportive housing for seven or more persons in the R-1 and R-2 zone.
F4.3.8. 1 Manufactured Housing
p
p
p
p
p
p
Mobile home subdivisions are permitted in the R-2 and R-3 districts. In addition, manufactured homes are permitted as an accessory dwelling unit provided it meets the standards for new detached accessory dwelling units, including yard, setback, height, and architectural requirements.
A manufactured home shall be constructed on a permanent foundation and would be permitted in the R-1 and R-2 zones as a single-family use, consistent with Government Code section 65852.3.
Conclusion
Manufactured housing requirements do not constrain residential development.
Recommended Action
None required.
F4.3.8.2 Accessory Dwelling Units
In recent years, several bills have added requirements for local governments related to accessory dwelling unit (ADU) regulation. Updates to state law in 2016 and 2017 included changes pertaining to the allowed size of ADUs, permitting ADUs by-right in at least some areas of a jurisdiction, and reduced parking requirements related to ADUs. More recent bills reduce the time to review and approve ADU applications to 60 days and remove lot size and replacement parking space requirements. AB 68 allows an ADU and a junior ADU (JADU) to be built on a single-family lot, if certain conditions are met. The State has also removed owner-occupancy requirements for AD Us, created a tiered permit fee structure for ADUs based on their size and location, and prohibits fees F4-16
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on units of less than 750 square feet. in addition, AB 671 requires the Housing Element to include plans to incentivize and encourage affordable ADU rentals.
In 2022, two laws were passed that affect ADU requirements. Both are in effect as of 2023. SB 897 increases the existing height limit for attached and detached ADUs that meet certain conditions. AB 2221 clarifies existing ADU law to close procedural and permitting loopholes for approving ADUs, including the requirement for approving or denying applications within 60 days of application submittal and providing a full set of comments and remedies to applicants with denied applications.
Additionally, AB 2221 adds front setbacks to the list of local development standards that local governments cannot impose if they would preclude construction of an attached or detached ADU of at least 800 square feet, that is at least 16 feet in height and that has at least four-foot side and rear yard setbacks.
The City permits the construction of one ADU and one JADU per lot with a proposed or existing single-family dwelling. Lots with existing multi-family dwelling units are permitted no more than two ADUs. AD Us are subject to development standards and conditions outlined in Article 30, Section 9-
3.3005 of the City's Zoning Ordinance and included below:
• Minimum Lot Area. There shall be no minimum lot area required in order to establish an ADU and/or JADU.
• Setback Requirements. ADUs and JADUs shall comply with the setback requirements applicable to the zoning district, except as noted below:
° For conversion of existing enclosed floor area, garage, or carport, no additional setback is required, beyond the existing provided setback.
□ For replacement of an existing enclosed structure, garage, or carport, no existing setback is required, beyond the existing provided setback. This provision shall only apply to ADUs and JADUs that are replacing existing structures within the same footprint that does not exceed the existing structure's size and/or height.
0 Newly constructed detached AD Us may provide a minimum setback of four (4') feet from all side and rear property lines.
• Building Height. Detached AD Us shall not exceed one story and a height of sixteen (16') feet, unless the ADU is constructed above a garage, in which case the structure shall comply with the height limits of the underlying zoning district.
• Unit Size.
0 The maximum size of a detached or attached ADU is 850 square feet for a studio or one bedroom unit and 1,000 square feet for a unit with two bedrooms. No more than two bedrooms are allowed.
□ An attached ADU that is created on a lot with an existing or proposed single-unit dwelling is further limited to 50 percent of the floor area of the existing or proposed dwelling. 0 Application of development standards, such as floor area limit or site coverage, might further limit the size of the accessory dwelling unit, but in no case shall the floor area limit, open space, or site coverage requirement reduce the accessory dwelling unit to less than eight hundred (800) square feet.
0 The maximum size of a JADU is 500 square feet.
0 The minimum size of an ADU or JADU shall be at least that of an efficiency unit. 2024-2032 Housing Element F4-17
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Merced County Multi-Jurisdictional Housing Element (2024-2032) ■ Design. An ADU and/or JADU shall be similar or the same as the principal dwelling with respect to architectural style and design, roof pitch, color, materials, and landscaping. ■ Foundation. A permanent foundation shall be required for all ADUs. ■ Manufactured Homes. A manufactured home may be used as an ADU provided it meets the standards for new detached ADU sin this section, including the yard, setback, height and architectural requirements. The manufactured home shall be constructed on a permanent foundation. Other types of portable or temporary housing, such as mobile homes, recreational vehicles, or tents may not be used as ADUs.
■ Fire Sprinklers. AD Us and/or JADUs shall not be required to provide fire sprinklers if they are not required for the principal residence.
■ Passageway. No passageway shall be required in conjunction with the construction of an ADU and/or JADU.
■ Access. Every ADU shall have direct exterior access independent of the exterior access of the primary dwelling. The entrance to the ADU shall, whenever possible, be located on a different side of the building from the entrance to the primary dwelling unit. There shall be no exterior stairway to the second floor of a primary dwelling unit from the front of the primary dwelling unit.
■
■
■
No Separate Conveyance. An ADU or JADU may be rented, but no access ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single unit dwelling} or from the lot and all of the dwellings (in the case of a multi-unit dwelling}.
Short-Term Lodging. The ADU and/or JADU shall not be rented for periods of less than 30 days.
Owner-Occupancy.
□ ADU. Either the principal dwelling unit or the ADU must be the permanent residence of the owner of the lot. However, the owner-occupancy requirement does not apply to any ADU permitted between January 1, 2020, and January 1, 2025. □ JADU. Either the principal dwelling unit or the JADU must be the permanent residence of the owner of the lot. However, the owner-occupancy requirement does not apply to any JADU unit owned by a governmental agency, land trust, or housing organization. ■ Deed Restriction and Recordation Required. Prior to the issuance of a building and/or grading permit for an ADU or JADU, the property owner shall record a deed restriction with the County Recorder's office. The deed restriction document shall notify future owners of the owner occupancy requirements, prohibition on the separate conveyance, the approved size and attributes of the unit, and restrictions on short-term rentals. This deed restriction shall remain in effect so long as the accessory dwelling unit and/or junior accessory dwelling unit exists on the lot.
Conclusion
The City of Los Banos' ADU Ordinance was last updated in 2021 and is not in compliance with more recently adopted state legislation.
Recommended Action
The City will implement Program 5 to revise the ADU Ordinance for compliance with state law.
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F4.3.8.3 Multi-Family
Multi-family housing is permitted by right in the R-3, M-X, and R-C districts. Multi-family development is not permitted in any other zoning district.
Conclusion
Adequate land is available within the R-3, M-X and R-C districts to accommodate future multi-family development. Multi-family development requirements are not a constraint to development.
Recommended Action
None required.
F4.3.8.4 Group Homes/Residential Care Facilities
State law requires residential care facilities with six or fewer persons to be allowed by-right in all zones that allow residential uses. Group homes and residential care facilities of six or fewer persons are considered residential uses and are permitted by right in R-1 and R-2 districts. The City's Zoning Ordinance permits residential care facilities serving more than six persons by-right in the R-3 district and with a use permit in the R-1 and R-2 districts.
In 2018, AB 2162 required cities to change their zoning to provide a "by right" process and to expedite review for supportive housing projects of 50 units or fewer. This law applies to sites in zones where multi-family and mixed uses are permitted, including in nonresidential zones permitting multi-family use. Additionally, AB 2162 prohibits local governments from imposing any minimum parking requirements for units occupied by supportive housing residents if the development is located within one-half mile of a public transit stop. AB 2162 requires 25 percent of the units (or a minimum of 12 units, whichever is greater) to be approved by right with no minimum parking. If the development consists of fewer than 12 units, then 100 percent of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing.
Conclusion
The conditional use permit requirement for large care facilities (more than six residents) in the R-1 and R-2 districts is a constraint to the development of these uses.
Recommended Action
The City will implement Program 6 to revise the Zoning Ordinance to allow care facilities of seven or more residents in all residential districts, approved with objectivity and certainty, and subject only to the requirements of residential uses of similar type and form.
F4.3.8.5 Emergency Shelters
The City of Los Banos allows emergency shelters by right without a discretionary permit in the R-2, R-3, and General Industrial districts and with a use permit in the R-1 district. The maximum stay for any person is limited to six months.
AB 139, which went into effect on January 1, 2020, mandates that emergency shelters may only be subject to standards that apply to residential and commercial development within the same zone.
AB 139 also states that there should be sufficient parking to accommodate all staff working in the emergency shelter.
2024-2032 Housing Element F4-19
366
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) AB 2339 was passed in 2022 and went into effect January 1, 2023. AB 2339 requires that jurisdictions identify zoning designations where emergency shelters are allowed to include sites that meet at least one of the following:
■ Vacant and zoned for residential use
■ Vacant and zoned for nonresidential use and located near amenities and services for homeless individuals
■ Nonvacant and is suitable for use as a shelter in the current planning period Zoning districts identified to allow emergency shelters as a permitted use without a discretionary permit must also allow residential uses. The City permits emergency shelters by-right in the R-2 district which also permits residential uses, and in the R-3 district which permits multi-family residential uses, which satisfies that requirement of AB 2339. The City's requirements for emergency shelters are as follows:
■ Emergency shelters shall be operated under the authority of a governing agency or private organization that is properly registered and licensed.
■ Emergency shelters shall comply with applicable California Health and Safety Codes. ■ Emergency shelters shall comply with all property development standards of the zone in which they are located, and in addition, no emergency shelter shall be located within 300 feet of another such facility.
■ Parking shall be as required by Title 9, Article 3, Chapter 20 "Off-Street Parking" unless the applicant provides substantial evidence demonstrating that the actual parking need is lower, subject to the approval of the Community and Economic Development Director or designee. ■ Each emergency shelter shall include, at a minimum, the following:
□ Interior and exterior lighting necessary for security, safety, and operational purposes conforming to the California Code of Regulations;
□ If client intake is to occur on-site, there shall be an indoor client intake/waiting area equal to a minimum of 10 square feet per bed. If an exterior waiting area is also provided, it shall be enclosed or screened from public view;
□ Clean, sanitary beds and sanitation facilities, including showers and toiletries; and 0 Segregated sleeping, lavatory and bathing areas that accommodates both men and women .
Reasonable accommodation shall be made to provide for families. ■ At least one facility manager shall be on-site at all hours the facility is open and one hour prior to and after facility operating hours. At least one full-time equivalent employee shall be required to be on-site during facility operating hours for every 20 beds in the facility. ■ Emergency shelters may provide one or more of the following types of supportive facilities or services for the exclusive use or benefit of the shelter clients:
□ Central cooking and dining room(s);
0 Recreation areas, indoor and/or outdoors;
□ Laundry facilities for clients to wash their clothes; □ Intake and administrative offices;
□ Counseling and other supportive services; or
□ Secure storage areas for bicycles and other personal possessions.
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• The agency or organization operating the shelter shall have a written Facility Management Plan consisting of, as applicable, provisions for staff training; neighborhood outreach; security; screening of residents to ensure compatibility with services provided at the facility; training, counseling, and treatment programs for residents, and facility information, including the number of persons who can be served nightly, the location of onsite waiting and intake areas, the provision of onsite management, and onsite security during hours of operation.
Identified sites with the R-2 and R-3 districts must also have a minimum area of 200 square feet per unsheltered person to accommodate the number of people experiencing homelessness and the zoning designations identified to allow emergency shelters as a permitted use without a discretionary permit must allow residential uses. Additionally, AB 2339 requires that emergency shelters can only be subject to parking requirements such that the jurisdiction can require sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same district.
The Merced City and County Continuum of Care Point-in-Time (PIT) count estimated that 855 people experienced homelessness in Merced County in 2022, including 555 in Merced, 125 in Los Banos, and 59 in Atwater. Pursuant to AB 2339, 25,000 square feet or 0.57 acres of land is required to shelter the 125 unsheltered individuals from the 2022 PIT using 200 square feet per person.
As shown on Table F4-9, the R-2 and R-3 districts have potential capacity for more than 125 individuals in emergency shelters. All sites listed below are located in zones adjacent or nearby to the centralized Rail Corridor (R-C) zone which includes Los Banos' main thoroughfares (e.g. E Pacheco Blvd. and Mercey Springs Rd.) with nearby access to transit stations (e.g. bus stops) and local services such as grocery stores, health clinics, or pharmacies. Therefore, there is adequate land with appropriate zoning to accommodate emergency shelters in Los Banos.
Table F4-9 Emergency Shelter Capacity Analysis
Realistic Capacity
APN Zoning Acreage (beds) Vacant/Non-Vacant
25052025 R-2 0.26 56 Vacant
25081014 R-2 0.26 56 Vacant --·-----· _,. _
25081010 R-2 0.17 37 Vacant
27081024 R-2 0.48 104 Vacant
25042001 R-2 0.58 126 Vacant --···-·-- -
25052024 R-2 0.26 56 Vacant
25051014 R-2 0.17 37 Vacant -------··-·------ -- ··-- ----------------··-- 27171040 R-3 0.29 62 Vacant
27060004 R-3 0.37 80 Vacant
27130002 R-3 3.05 664 Vacant --·------·----···--
27130020 R-3 0.81 175 Vacant ----
83100084 R-3 8.47 1,845 Vacant ------------···
27171038 R-3 0.22 47 Vacant
27060007 R-3 0.32 69 Vacant -----
Total for vacant 23.90 3,414
Source: City of Los Banos, 2023
2024-2032 Housing Element F4-21
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Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) In 2019, AB 101 was passed requiring that a Low-Barrier Navigation Center development be a use by right in mixed-use districts and nonresidential districts permitting multi-family uses. A Low-Barrier Navigation Center is a low-barrier, temporary, service-enriched shelter that helps homeless individuals and families obtain permanent housing. The City will need to amend its Zoning Ordinance to explicitly allow the development of Low-Barrier Navigation Centers, by right, in mixeduse and nonresidential districts permitting multi-family uses.
Conclusion
The City's Zoning Code is inconsistent with state law requiring low-barrier navigation centers to be allowed by-right in areas zoned for mixed use and nonresidential zones permitting multi-family uses.
Additionally, the requirement to not locate an emergency shelter within 300 feet of another such facility, may constrain the provision of adequate emergency shelter facilities.
Recommended Action
The City will implement Program 6 to amend the Zoning Ordinance to explicitly allow the development of Low-Barrier Navigation Centers, by-right, in mixed-use and nonresidential districts permitting multi-family uses and remove the separation requirements .
F4.3.8.6 Transitional and Supportive Housing
"Transitional housing" is defined as buildings configured as rental housing operating under program requirements that require the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months from the beginning of the assistance. Transitional housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.
"Supportive housing" is defined as housing with no limit on length of stay that is occupied by the target population and that is linked to on-site or off-site services that assist the supportive housing resident in retaining permanent housing, health services, and employment, as needed. Supportive housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone. AB 2162, which went into effect on January 1, 2019, requires that cities allow supportive housing with up to 50 units by-right in multifamily and mixed-use zones and precludes cities from imposing parking requirements on supportive housing developments located within 0.5-mile of a public transit stop.
Transitional and supportive housing is allowed as a permitted use in all zoning districts that allow residential uses, including multi-family uses: The City does not impose additional requirements on transitional and supportive housing types beyond those that apply to residential uses.
Conclusion
The City does not impose additional requirements on transitional and supportive housing types.
Recommended Action
None required.
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F4.3.8.7 Farmworker Housing/Employee Housing
The Employee Housing Act (California Health and Safety Code section 17021.6) requires that any employee housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household shall be deemed an agricultural land use. No conditional use permit, zoning variance, or other zoning clearance shall be required of employee housing that is not required of any other agricultural activity in the same zone. The permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located. Health and Safety Code Section 17021.8 mandates that eligible agricultural employee housing developments are subject to a streamlined, ministerial approval process and not subject to a conditional use permit.
Agriculture is only allowed in the R-1 district, subject to a use permit. Employee housing for six or fewer persons is allowed by-right in the R-1, R-2, M-X, and R-C districts and employee housing for seven or more persons is allowed by-right in the R-3 district. In R-1 districts, employee housing projects containing up to 36 beds or 12 single-family units are grandfathered in, where feasible. A CUP is required for employee housing for seven or more persons in the R-1 and R-2 districts.
Conclusion
The City's Zoning Code does not allow employee housing for seven or more residents or 36 beds. The Zoning Code does not include eligible agricultural employee housing projects as a permitted use without a conditional use permit.
Recommended Action
The City will implement Program 6 to revise the Zoning Code to ensure employee housing is deemed an agricultural use, and remove CUP requirements for employee housing for seven or more residents or 36 beds in R-1 districts, and allow eligible agriculturally employee housing developments to be permitted ministerially in compliance with the Employee Housing Act (Health & Safety Code Sections 17021.6 and 17021.8).
Single-Room Occupancy Units
Single-room occupancy (SRO) units are permitted under a conditional use permit in the R-3 district.
Conclusion
While the City's Zoning Code permits SRO units with a CUP in the R-3 district, the development potential for these types of units is limited. This is potentially a constraint to the development of a variety of housing types in Los Banos.
Recommended Action
The City will implement Program 6 to revise the Zoning Ordinance to allow the development of SRO units in residential districts allowing multi-family uses and/or commercial districts allowing hotel and motel uses. Additionally, the City will establish a procedure to encourage and facilitate SRO development in the allowable zoning districts.
2024-2032 Housing Element F4-23
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Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element {2024-2032) F4.3.9 Housing for Persons with Disabilities
California Government Code Section 65583 requires local jurisdictions to analyze potential and actual government constraints on the maintenance, improvement, and development of housing for peoples with disabilities. This is to ensure that persons with either physical or mental disabilities are provided reasonable accommodation for access to and the enjoyment of all facilities, including housing. Government Code Section 65583(c)(3) also requires housing elements to provide a program to " ... address, and where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing for persons with disabilities."
This section analyzes if the zoning policies and permitting procedures in Los Banos impose any constraints on persons with disabilities accessing appropriate and adequate housing in the city.
F4.3. 9. 1 Definition of Family
Local jurisdictions may restrict access to housing for households that do not meet the jurisdiction's definition for "family." A restrictive definition of "family" that limits the number of individuals living together may illegally limit the development and siting of group homes for persons with disabilities, but not for housing families that are similarly sized or situated. The City of Los Banos' definition of family is as follows:
"[O]ne or more persons occupying a premises and living as a single housekeeping unit, as distinguished fr(?m a group occupying a hotel, club, or fraternity or sorority house." Conclusion
The City's definition of "family" is not restrictive.
Recommended Action
None required.
F4.3. 9.2 Reasonable Accommodation Procedures
The federal Fair Housing Act and the California Fair Employment and Housing Act require that cities and counties provide reasonable accommodation where such accommodation may be necessary to afford individuals with disabilities equal housing opportunities. Cities and counties must also consider requests for accommodations related to housing for people with disabilities and provide the accommodation when it is determined to be "reasonable" based on fair housing laws and the case law interpreting the statutes.
Reasonable accommodation is one of the tools intended to further housing opportunities for people with disabilities. These accommodations require that local jurisdictions make modifications or exceptions in their zoning laws and other land-use regulations when accommodations are necessary to afford individuals with disabilities an equal opportunity to use and enjoy a dwelling. For example, it may be a reasonable accommodation to waive a setback requirement so that a paved path of travel can be provided to residents with mobility impairments.
Reasonable accommodation enables developers and providers of housing for people with disabilities a means of requesting from the local government flexibility in the application of land use and zoning regulations or, in some instances, even a waiver of certain restrictions or requirements because it is necessary to achieve equal access to housing.
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The City's Zoning Ordinance Article 46, Reasonable Accommodation, establishes the reasonable accommodation process. Written requests for Reasonable Accommodation are reviewed and approved by the Community and Economic Development Director and decisions are issued w ithin 30 days of the date of the application. A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as barrier to fair housing opportunities. There is no fee for reasonable accommodation requests.
Requesting Reasonable Accommodation
As described in Article 46 of the Zoning Ordinance, in order to make housing available to an individual with a disability, any eligible person may request reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures. Requests for reasonable accommodation shall be in writing and provide the following information:
■ Name and address of the individual(s) requesting reasonable accommodation; ■ Name and address of the property owner(s);
■ Address of the property for which accommodation is requested; ■ Description of the requested accommodation and the regulation(s), policy or procedure for which accommodation is sought; and
■ Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.
Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection. A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligation to comply with other applicable regulations not at issue in the requested accommodation. If an individual needs assistance in making the request for reasonable accommodation, the jurisdiction will provide assistance to ensure that the process is accessible.
Required Findings
The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:
■ Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws; ■ Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws; ■ Whether the requested accommodation would impose an undue financial or administrative burden on the jurisdiction; and
■ Whether the requested accommodation would require a fundamental alteration in the nature of the jurisdiction's land use and zoning or building program. 2024-2032 Housing Element F4-25
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Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) Written Decision on the Request for Reasonable Accommodation The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including reviewing the authority's findings . All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail. The written decision of the Community and Economic Development Director shall be final unless an applicant appeals it to the Planning Commission. If the reviewing authority fails to render a written decision on the request for reasonable accommodation within the 30-day time period allotted, the request shall be deemed granted. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain the full force and effect. The decision of the Community and Economic Development Director may be appealed as provided by the appeal procedure detailed in Part 6 of Article 23 of the Zoning Ordinance. Conclusion
The City provides procedures for reasonable accommodation to allow modifications to facilitate access to housing for persons with disabilities without any discretionary requirements.
Recommended Action
None required.
F4.3.10 Planning and Development Fees
The development review process is intended to regulate all projects. Through this process, residential yard size and other open space uses are determined, which in turn control population density for conformance with the General Plan. Regulation is necessary to conserve and stabilize property values, provide adequate open space, diminish street congestion; facilitate adequate community utilities such as transportation, water, sewage, schools, parks, and other public facility requirements; and to safeguard public health, safety, and general welfare.
The City charges various fees and assessments to cover the cost of processing permits and providing certain services and utilities. Development impact fees in Los Banos are much higher compared to other jurisdictions in the region, particularly for annexations, general plan amendments, zone changes, site plan review, and tentative subdivision maps. For example, the general plan amendment fee is $8,034.82 in Los Banos, $2,031 (Actual cost+ 20 percent) in Atwater, and $2,975+$145/acre in the City of Merced. The site plan review fee is $3,133.79 in Los Banos, compared to $881 to $1,469 in the city of Merced, and $1,560 plus an engineering deposit in the City of Livingston. Table F4-10 describes some of the residential development planning fees for both single- and multi-family development.
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Table F4-10 Residential Development Planning Fees
Fee Title Amount
Annexation
General Pl an Amendment
Zone Change/ Pre-Zone
Conditional Use Permit
Site Plan Review
Variance
Tentative Subdivision Map - up to 100 lots
Tentative Subdivision Map - 101+ lots
Revised Tentative Map
Planned Development
Development Agreement
Final Development Plan
Environmental Review/Categorical Exemption ------ • ------ --- --------- Negative Declaration/Initial Study . .. . . .
Environmental Impact Report ·- - .... - . ·- · . •· .... ,. - Minor Subdivision/Parcel Map
Lot Line Adjustment/Parcel Merger
Reimbursement Agreement ,_. -- Appeal
$23,731.72
$8,034.82
$7,489.10 - -•-• - · · ·· ••·- ·-
$1,940.24
$3,133.79
$1,594.30
$9,259.06
$12,101.86
$4,575.05
$4,554.77
$3,500.00
$2,000.00
$197.75
Actual Cost + 20%/Deposit/Cost Recovery Contract -~- - . -- -- ., ~- -- . -· - Actual Cost
$1,024.15
$415.16
$3,500.00
$2,587.84 ---------- --- Time Extension $2,404.91
Source: City of Los Banos Complete Fee Schedule, Effective 2019.
Table F4-11 shows development impact and permit fees for single-family and multi-family prototype developments. In Los Banos, development impact fees average about $32,961.17 for a single-family home, $26,197.02 per unit for a multi-family project, and $17,839.30 per unit for age-restricted units. The City does not usually waive fees for the development of affordable housing. However, HOME and other funds may be used to help bridge the financial gap for affordable housing.
Table F4-11 Residential Development Fees
Impact Fee Single Family Multi-Family Age Restricted
Fire Fee/unit
Police Fee/unit
Parks & Rec. Fee/unit
Water Fee/unit
Sewer Fee/unit
Storm Drain Fee/unit
Traffic Fee/unit
General Government Fee/unit
Administrative Fee/unit
Total
Source: City of Los Banos, 2023.
2024-2032 Housing Element
$1,503.94 $1,202.67 ----------· -- · - - ---· - ----
$2,814.22 .. ----~--- -·-------
$8,401.99
$7,551.99
$5,794.59
$3,536.29
$1,558.93
·- -·- ·· - -
$2,251.13
$6,721.11
$6,042.07
$4,636.16
$2,829.75
$1,079.53
$814.14
$1,523.07
$4,547.69
$4,087.41 ··-- - - -···-------
$3,137.00
$1,914.01
$841.64 - -· ------------------------ - ----- ·------·-··-- $839.24
$959.98
$32,961.17
$671.87
$762.73
$26,197.02
$454.29
$520.05
$17,839.30
F4-27
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Merced County Multi-Jurisdictional Housing Element (2024-2032) Single-family development fees in Los Banos are higher than for similarly sized cities in the same county. Fees for a single-family unit range are approximately $32,961 in Los Banos but range from $12,326 to $27,723 in the cities of Atwater, Dos Palos, Gustine, Livingston, and Merced. Similarly, fees for a multi-family unit are approximately $26,197 per multi-family unit in Los Banos but range from $8,997 to $22,285 per unit in other cities. Table F4-12 shows a comparison of development fees in other Merced County jurisdictions.
Table F4-12 Residential Development Fee Comparison
Total Cost Per Unit
Jurisdiction Single-Family Multi-Family
Atwater $22,000 $14,000
Dos Palos $12,435 $12,435
Gustine $27,723 $22,285
Livingston $18,000 $9,200
Los Banos $32,961 $26,197
Merced (City) $12,326 $8,997
Merced (County) $30,996 $26,423
Conclusion
Planning and development fees are higher in Los Banos than in other cities in the region and may be a constraint to development.
Recommended Action
The City will implement Program 7 to review the City's permit fees to ensure fees do not inhibit the development of affordable housing and review the City's development impact fees and revise to be competitive with other cities in the region.
F4.3.11 Permit Types
The City of Los Banos provides the full range of services relating to the development of property within its Sphere of Influence. Subdivision map processing, parcel maps, planned developments, special use permits, and building plans are all processed by the City. The City actively encourages developers to meet and confer with its planning staff prior to the formal submittal of an application as a means to facilitate the timely processing of the application. Pre-application conferences can resolve misunderstandings regarding zoning and development standards and processing procedures.
Several permitting processes may be required depending on the type of development proposal:
F4.3. 11. 1 Site Plan Review
Projects subject to the City's site plan review process are referred to the Project Review Board for review and recommendation once the application is deemed complete by the Community Development Department. Los Banos' site plan review process consists of review by the Project Review Board, evaluating the project's consistency with the General Plan, applicable specific plans, design standards, and the Zoning Ordinance. The Project Review Board also ensures that the site plan, building layout, size, shape, scale, mass, height, architectural design, architectural F4-28
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components, materials, colors, landscaping, on- and off-site parking and traffic circulation, and other aspects of the physical plan for development projects are compatible with neighboring developments, are adequate and appropriate for the site, achieve the highest level of design that is feasible for the project; and that city services are adequate and available to the project. The Project Review Board issues an advisory recommendation to the Planning Commission and recommended conditions to be imposed on the project. The project is presented to the Planning Commission for evaluation for project consistency which all applicable standards, compatibility with existing and proposed development in the project vicinity, and design compatibility with the surrounding neighborhood. Site plan review takes 30-45 days after the application is deemed complete.
Residential housing projects subject to the City's site plan review process include any project requiring a discretionary permit, including subdivisions, CUPs, and variances. Residential projects including five or more units or an addition to an existing project that would result in five or more units is subject to the City's site plan review process. Projects consisting solely of individual owner, custom-built lots and homes are exempt from this requirement. The findings for approval for a site review plan are as follows:
■ That the proposed development is consistent with the general plan, any specific plans, and any design standards adopted by the City Council;
■ That the design and location of the proposed development and its relationship to existing or proposed developments and traffic in the vicinity thereof is such that it will not impair the desirability of investment or occupation in the neighborhood; and that it will not unreasonably interfere with the use and enjoyment of existing or proposed developments in the vicinity thereof, and that it will not create traffic hazards or congestion; ■ That the design of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly, and attractive development contemplated by this ordinance and the general plan of the City; ■ That the design of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures, and colors;
■ That the proposed use complies with all applicable requirements of the zoning district in which it is located and all other applicable requirements; and ■ That the overall development of the subject property is designed to ensure the protection of the public health, safety, and general welfare.
Findings that refer to "desirability of investment," "unreasonably interfere with the use and enjoyment," "keeping with the character of the surrounding neighborhood," "desirable environment," and "aesthetically of good composition" are subjective and can be a constraint to approving housing development. Additionally, the findings do not provide parameters on what constitutes a traffic hazard.
F4.3. 11.2 Administrative Permits
The administrative permitting process involves project review by the Planning Director to determine conformance with applicable standards in the Zoning Ordinance. If the Planning Director determines that the project may be objectionable to property owners within the vicinity of the site, the applicant is instructed to show project maps and information to those property owners and request consent or objective to the proposed project. The application is not considered complete until a 2024-2032 Housing Element F4-29
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Merced County Multi-Jurisdictional Housing Element (2024-2032) consent petition is completed. Comments from neighboring property owners are considered by the Planning Director during consideration of project approval. Project determination on an administrative permit request by the Planning Director takes one to two months after the application is deemed complete.
F4.3. 11.3 Use Permits
All projects subject to a use permit require a public hearing before the Planning Commission. The Planning Commission makes findings on the projects consistency with the General Plan and Zoning Ordinance, and evaluates the project based on subjective requirements such as compatibility with adjacent and nearby uses and whether the project would adversely affect nearby uses such as religious facilities, schools, and recreational uses. Project determination on a use permit request by the Planning Commission takes two to four months after the application is deemed complete. The required findings for a use permit approval are as follows:
• That the proposed use and project is consistent with the City of Los Banos general plan, and this Code;
• That the proposed use or project will not be a nuisance or detrimental to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use;
■ That the proposed use is compatible with the adjacent uses, properties and neighborhoods and will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
Findings that refer to "detriment to the public health, safety, morals, comfort, and general welfare," " compatible with the adjacent uses," and "detrimental or injurious to property and improvements in the neighborhood" are subjective and can be a constraint to approving housing development.
F4.3. 11.4 Variances
Projects requesting a waiver of any Zoning Ordinance requirement are subject to a variance which requires a public hearing and approval by the Planning Commission. The project must be found to be consistent with the General Plan to receive approval. Project determination on a variance request by the Planning Commission takes two to four months after the application is deemed complete. The conditions of approval are as follows :
■ That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity; • That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict literal application of the provisions of this chapter is found to deprive the subject property of privileges enjoyed by other properties in the vicinity; and
■ That under the circumstances of any particular case, the variance, rather than the sections at issue in this chapter, actually carries out the spirit and intent of the provisions of this chapter.
F4.3. I 1.5 General Plan Amendments and Zone Changes
Projects that are not consistent with the General Plan or Zoning Ordinance may require approval of a general plan amendment, zone change, Zoning Ordinance amendment, or specific plan F4-30
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amendment. Approval of these types of proposals are discretionary, subject to CEQA, and require recommendations from the Planning Commission and approval by the City Council.
F4.3.11.6 Subdivision Map Review
City requirements for subdivisions parallel the state Subdivision Map Act requirements. The subdivision process is subject to Permit Streamlining Act requirements, but also usually requires CEQA review. All tentative subdivision maps with four or fewer lots are reviewed and approved by the Planning Commission. Tentative subdivision maps with five or more lots are reviewed by the Project Review Board prior to the submission of the map to the Planning Commission. Within 30 days after the tentative map has been filed with the Planning Department, the Project Review Board meets to review the completeness and accuracy of the tentative map and the suitability of the land for purposes of subdivision, conformity of the overall design of the subdivision to the Municipal Code other City plans, the provisions for and adequacy of street improvements and utilities, and provisions for public areas and services. The Subdivision Review Committee may deem it advisable to recommend additional improvements, easements, dedications, etc., to be included, in which case the subdivider is informed of the nature of the recommendations following the Committee meeting.
The Planning Commission shall conduct a public hearing on the tentative parcel map. The City Council may overrule or modify any ruling or determination of the Planning Commission in regard to a tentative map and may make conditional exceptions if special circumstances pertaining to the property involved justify a variance.
F4.3. 11.7 Planned Development
An application for a Planned Development district shall be submitted to the Planning Department.
Once the application is deemed complete by the Planning Department, the Project Review Board reviews the application, followed by environmental review. The Planning Commission shall conduct a public hearing on the Planned Development district and make a recommendation to the City Council. The City Council then conducts a public hearing on the Planned Development district and may grant approval. Both the Planning Commission and City Council may impose conditions on the project regarding building height, lot coverage, yard setbacks, density, parking etc.
Conclusion
Site plan and permit approvals include subjective standards that require personal interpretation to determine compliance with standards. Approval of a site plan requires findings that the project provides a "desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures, and colors. This is a constraint to development.
Recommended Action
The City will implement Program 6 to revise Article 23 of the Zoning Ordinance to remove subjective language from the Objective Design Standards.
F4.3. l 2 Permit Procedures and Processing Times
The time required to process a project varies greatly from one project to another and is directly related to the size and complexity of the proposal and the number of actions or approvals needed to complete the process. Table F4-13 identifies the typical processing time for various entitlement applications. It should be noted that each project does not necessarily have to complete each step 2024-2032 Housing Element F4-31
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Merced County Multi-Jurisdictional Housing Element (2024-2032) in the process (i.e., small scale projects consistent with General Plan and zoning designations do not generally require El Rs, General Plan Amendments, Rezones, or Variances).
Also, certain review and approval procedures may run concurrently. For example, a ministerial review for a single-family home would be processed concurrently with the design review. Since the majority of CEQA documents (i.e., El Rs and Negative Declarations) are prepared in response to a General Plan Amendment request, they are typically processed simultaneously. The City also encourages the joint processing of related applications for a single project. As an example, a rezone petition may be reviewed in conjunction with the required site plan, a tentative tract map, and any necessary variances. The average number of days from entitlement to building permit is 101 days, based on a review of projects from the past 36 months.
Table F4-13 Timelines for Permit Procedures
Type of Approval or Permit Typical Processing Times Approval Body Site Plan Review
Administrative Permit
Use Permit
Variance
ADU (Building Permit Review)
Building Permit Review
General Plan Amendment
Specific Plan Amendment
Zone Change
Annexation
Tentative Minor Subdivision Map (4 or less lots)
Final Minor Subdivision Map (4 or less lots) -----------· --- Tentative Subdivision Map (5 or more lots)
Final Subdivision Map (5 or more lots)
Source: Los Banos Zoning Ordinance, Adopted September 2022. 30-45 Days
1-2 months
2-4 months
2-4 months
19 days
30 Days
3-6 Months
3-6 months
3-6 Months
6-12 months
30-45 Days
21 days
120-180 days
90 days
Planning Commission
Planning Director
Planning Commission
Planning Commission
Building Official
Building Official
City Council
City Council
City Counci I
City Council
Planning Commission
City Engineer
Planning Commission
City Council
Table F4-14 shows the typical processing procedures by project type for Los Banos. As shown, single-family units have the shortest estimated processing times (one week) while planned unit development has the longest (three to four months).
Table F4-14 Typical Processing Procedures by Project Type One Single- Planned Unit
Family Unit Subdivision Multi-Family Units Development
Site Plan Review Site Plan Review Tentative Map
Tentative Map Final Development Plan
Environmental Environmental Environmental
Assessment Assessment Assessment
-···-•--•--·-···-·-----•·•
Final Map -------·-
Estimated Processing Time 1 week 2 - 3 months 2 months 3 - 4 months Source: City of Los Banos, 2023
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F4.3. 12. I Building Permits
City of Los Banos
Housing Constraints Analysis
Building permit review timelines for all projects are as follows depending on complexity and scope of work:
• First review: 1 to 10 working days
• Second review: 1 to 5 working days
• Third review: 1 to 5 working days
• Fourth review: 1 to 5 working days
• Fifth review: 1 to 5 working days
Conclusion
Permit procedures and processing times are not considered a constraint to development.
Recommended Action
None required.
F4.3.13 State Streamlining
Under the 5th Cycle Housing Element reporting period (2015-2023), the City of Los Banos made insufficient progress toward its lower-income RHNA and is subject to SB 35 streamlining provisions for projects that include at least 50 percent affordability. SB 35 requires that eligible projects be reviewed for compliance and consistency with the City's objective standards and are not subject to discretionary processes, such as CEQA environmental review and public hearings. Eligible projects with 150 units or fewer must be approved within 90 days and projects with more than 150 units must be approved within 180 days. In addition, AB 1397 requires that 5th cycle opportunity sites reused in the 6th cycle and identified to accommodate lower income units (very low-income and lowincome) be subject to by-right approval if projects include 20 percent affordable units for lower income households on-site. No projects have been approved through SB 35 ministerial approval.
The City has not adopted procedures for processing SB 35 applications and has not created a checklist for SB 35 applications.
The Housing Crisis Act of 2019 (SB 330 and amended by SB 8) establishes a statewide housing emergency and creates new state laws focused on the production and preservation of housing. SB 330 and SB 8 aim to expedite and increase certainty in the development process with changes to the Housing Accountability Act and Permit Streamlining Act that will be in effect from January 1, 2020, to January 1, 2030. SB 330 also addresses the statewide housing shortfall with new protections for existing housing and restrictions on certain zoning actions that reduce the availability of housing. The legislation creates a preliminary application process, and housing developments will only be subject to those ordinances, fees, and policies in effect when the completed preliminary application is submitted. Like SB 35, SB 330 limits jurisdictions from imposing subjective design standards on housing developments. Objective standards are limited to design standards that involve no personal or subjective judgment by a public official. They must be verifiable by reference to an external and uniform benchmark available to both the applicant and the public official prior to application submittal.
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Merced County Multi-Jurisdictional Housing Element (2024-2032) Conclusion
The City should amend the Zoning Code to address updates to SB 35 and SB 330 and create written procedures for the Streamlined Ministerial Approval Process.
Recommended Action
The City will implement Housing Plan Program 6 to amend the Zoning Code to address updates to SB 35 and remove subjective judgement from the site plan review, administrative permits, and use permits and provide objectives with regard to what constitutes an impairment to the integrity and character of the zoning district, in accordance with SB 330. Additionally, under Program 3, the City will create written procedures for the Streamlined Ministerial Approval Process.
F4.3. l 4 Short-Term Housing Rentals
According to Section 9-3.3006 of the Zoning Ordinance, the City of Los Banos does not allow the rental of accessory dwelling units for less than 30 days.
Conclusion
Regulations related to short-term rental housing do not constrain housing in the city.
Recommended Action
None required.
F4.3. l 5 Code Enforcement
The City of Los Banos implements the California Building Code (CBC), 2022 Edition. The 2022 California Building Code is set forth to regulate and govern the conditions and maintenance of all property, buildings, and structures within the city by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary, and fit for occupation and use and providing for the condemnation and demolition of buildings and structures that are unfit for human occupancy and use.
The City's Enforcement Offices are authorized to enforce the provisions of the Zoning Ordinance pertaining to the use of land or buildings and the erection, construction, reconstruction, moving, alteration, or addition to any building or structure. Code Enforcement initiates action after receiving a complaint or observing a violation and notifies the property owner/tenant of any existing violations.
The City has the power to inspect and declare unsafe any structure or piece of equipment, be it existing or under construction, that does not meet specific Municipal Code standards. These include, but are not limited to, structures with insufficient modes of egress; structures that are unsafe or that have been made structurally unsound due to fire, earthquake, or other natural disaster; buildings that are deemed a public nuisance; and buildings that have been constructed or maintained in violation of local or state law. Once a building has been declared unsafe, the building official may issue notice that the structure be repaired, vacated, or demolished within a reasonable amount oftime and with the appropriate permits.
The enforcement of building codes in the city is centered on the inspection of new construction and remodels or renovations requiring building permits. The City believes in educating residents on potential code violations to help eliminate potential violations before they occur. Each code F4-34
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City of Los Banos
Housing Constraints Analysis
enforcement complaint received requires a Code Enforcement Officer to respond to the call to confirm a violation, issue a warning and provide education to gain compliance, with a date for the issue to be resolved, follow up, and if the issue is not resolved, to take further action.
Conclusion
The City has adopted the most recent CBC, the 2022 edition and the 2022 California Fire Code updates, therefore the code currently implemented in the City of Los Banos is up to date. The City has not implemented any amendments to the CBC. There are local amendments to the Fire Code, but none impact the cost of residential development. The City's building codes are consistent with the codes applied in other jurisdictions throughout California and do not negatively impact the construction of affordable housing.
Recommended Action
None required.
F4.3. l 6 Transparency in the Development Process
To increase transparency in the development process, the City's website publishes resources that help developers and homeowners navigate the residential development and home improvement processes. The City's Community and Economic Development Department webpage (https://losbanos.org/city-government/departments/community-development/) provides links to planning permit resources and the Building Department webpage (https://losbanos.org/citygovernment/departments/building/) provides links to building permit resources . Resources on these webpages include the City's zoning and land use maps, permit application forms, planning submittal requirements, rate and fee schedule, and department contacts. However, the General Plan and land use map on the Community and Economic Development webpage is outdated. The City adopted the 2042 General Plan in 2022 and is linked on the city's website at https://losbanos2042.org/.
Conclusion
While the City's website provides information on permit processing and zoning, links to some resources are outdated.
Recommended Action
The City will implement Program 12 to evaluate its compliance with the new transparency requirements per Government Code Section 65940.l(a)(l) and make changes as necessary. The City will update links on the City's Community and Economic Development Department webpage to connect to the most recent versions of each resource and document.
F4.4 Environmental Constraints
A community's environmental setting affects the feasibility and cost of developing housing.
Environmental issues range from the availability of water to the suitability of land for development due to potential exposure to seismic, flooding, wildfire, and other hazards. If not properly recognized and accommodated in residential design, these environmental features could potentially endanger lives and property. This section summarizes environmental constraints to housing development in the city.
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Merced County Multi-Jurisdictional Housing Element (2024-2032) F4.4. l Flood
Los Banos is outside the 100- and 500-year FEMA flood zones. The climate in Merced County is hot and arid. The number of days with any measurable precipitation is 49 with an average of approximately 12 inches of rain per year.
2 In Los Banos, storm water runoff is discharged through a combination of natural and man-made drainage structures including creeks, waterways and irrigation channels. Due to the dry climate and low annual precipitation, sudden floods from rainfall are unlikely. Los Banos Creek runs north-south in the western part of the city. The Los Banos Creek Detention Reservoir collects runoff from the Los Banos Creek watershed, intermittently releasing flood-flow at 1,000 cubic feet per second (cfs). The reservoir successfully regulates flow from Los Banos Creek. Three dams close to Los Banos have the potential of inundating portions of the city, the San Luis Reservoir, Los Banos Detention Reservoir, and the Little Panoche Reservoir Dam. All three dams are owned by the Bureau of Reclamation and are regularly inspected to ascertain their structural integrity. 3
The City requires construction projects which disturb one or more acres of soil to develop Storm Water Pollution Prevention Plans (SWPPP) in accordance with requirements from the State Water Resources Control Board. In addition, the City's Water Efficient Landscape Ordinance encourages implementation of best management practices in landscape and grading designs for stormwater management.
Conclusion
Environmental constraints in Los Banos are not considered a constraint to development.
Recommended Action
None required.
F4.4.2 Seismic Zones
Los Banos is in proximity to several major California fault lines, including the Ortigalita, Calaveras, San Andreas, and Hayward Faults. However, no active earthquake faults are known to exist in the city. New construction is required to comply with current state building code requirements related to seismic retrofitting. Therefore, earthquakes pose a less-than-significant danger to residential development.
Conclusion
Environmental constraints in Los Banos are not considered a constraint to development.
Recommended Action
None required.
2 County of Merced. 2021. Multi-Jurisdictional Hazard Mitigation Plan. https://web2.co.merced.ca.us/pdfs/oes/MercedCounty-MJHMP2021-2016.pdf 3 City of Los Banos. 2009. Safety Element. https://losbanos.org/wp-content/uploads/2013/09/plan___gp_chapter_7 .pdf 383
F4.4.3 Wildland/Urban Fire Hazards
City of Los Banos
Housing Constraints Analysis
Fire hazard potential is largely dependent on the extent and type of vegetation, known as surface fuels, that exists within a region. Fire hazards are typically highest in heavily wooded, undeveloped areas as trees are a greater source of fuel than low-lying brush or grassland. Suburban, urban areas, or rocky barren areas have minimal surface fuels and therefore typically have the lowest fire hazard.
The California Department of Forestry and Fire Prevention (CALFIRE) has designated the most of Los Banos as "Local Responsibility Area Unzoned" (approximately 84 percent) with small portions of the city designated as "Local Responsibility Area Moderate" (approximately 16 percent). 3 Approximately three acres of the riparian forest corridor to the west of Los Banos Creek is designated as a high fire hazard severity zone, however none of the city or surrounding area is designated as a very high fire hazard severity zone. 3
The City of Los Banos has adopted the 2022 California Fire Code and requires all new development and subdivisions to meet or exceed the California Fire Code provisions, which address topography, geology, climate, and development conditions. The City's Fire Department reviews all development applications during the review process.
Conclusion
Environmental constraints in Los Banos are not considered a constraint to development.
Recommended Action
None required.
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City of Los Banos
Affirmatively Furthering Fair Housing (AFFH)
F5 Affirmatively Furthering Fair Housing
(AFFH)
FS.1 Introduction
This section of the Housing Element analyzes issues relating to fair housing for the City of Los Banos.
This analysis is based on the directives from State Assembly Bill (AB) 686. Background information on AB 686, countywide fair housing services, data sources, and analysis of the regional Affirmatively Furthering Fair Housing (AFFH) issues are included in Chapter 5, Regional Assessment of Fair Housing.
FS.2 Methodology
This local AFFH analysis evaluates fair housing issues on the following topics:
■ Fair Housing Enforcement and Outreach Capacity
■ Integration and Segregation Patterns and Trends
■ Racially and Ethnically Concentrated Areas of Poverty ■ Disparities in Access to Opportunity
■ Disproportionate Housing Needs
■ Other Relevant Factors, including language spoken at home and rising housing costs ■ Analysis of Housing Site Inventory using AFFH indicators ■ Local Area Knowledge, which includes a discussion of historic land use and segregation patterns and input from sources of local knowledge, including advocates for people with special needs, housing development and advocacy organizations, housing and social services providers, and low-income residents
This analysis identifies patterns and trends at the local scale. Where appropriate, the analysis refers to the regional AFFH analysis provided in Chapter 5, Regional Assessment of Fair Housing, which identifies patterns and trends in Merced County and the Northern San Joaquin Valley Region (SJV) that consists of San Joaquin, Stanislaus, and Merced counties.
For the purposes of this analysis, the city is divided into four neighborhoods: Central Los Banos, East Los Banos, North Los Banos, and South Los Banos (Figure F5-1). These neighborhoods are based on the City's planning documents, including the General Plan, as well as local knowledge from City staff and are discussed further in Chapter F6, Housing Resources. Most of the geographic analysis of fair housing issues in Los Banos is based on the California Housing and Community Development (HCD) AFFH Data Viewer described in Chapter 5, Regional Assessment of Fair Housing. The AFFH Data Viewer relies on information provided by the census and other data sources at the Census tract and block group level.
A total of four census tracts covers the city, with some tracts spanning areas outside of the city boundary. This can skew the data presented in the analysis; therefore, we have noted where this may apply. The neighborhoods and census tracts that make up Los Banos include:
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Merced County Multi-Jurisdictional Housing Element (2024-2032) • Central Los Banos: Consists of one census tract {Census Tract 22.01} which primarily covers areas within the city's boundaries in Central and North Los Banos. The small portion of the census tract outside of the city contains agricultural and limited residential land uses. Central Los Banos includes the Los Banos Municipal Airport, located west of downtown Los Banos. The western part of Central Los Banos is designated Employment Campus and consists of the airport and agricultural and industrial uses.
• East Los Banos: Consists of one census tract (Census Tract 23.02} which extends into unincorporated parts of the county, state, and federally managed lands to the east, south, and west of Los Banos. This census tract is very large, comprising most of the southwestern part of Merced County and most of the area is outside of Los Banos city limits. Areas outside of the city generally consist of agricultural and rural residential land uses along with state parks and recreation areas and United States Bureau of Land Management lands. The northeastern part of East Los Banos is zoned for Civic/Institutional land uses and consists of the City's Wastewater Treatment Plant.
• North Los Banos: Consists of two census tracts (Census Tracts 22.01 and 22.02}. Census Tract
22.01 covers the entirety of Central Los Banos and the southern part of North Los Banos, as discussed above. Census Tract 22.02 overlaps with the northern part of North Los Banos and unincorporated areas of the county. Areas outside the city consist of agricultural and limited residential land uses.
• South Los Banos: Consists of one census tract (Census Tract 23.01} which primarily contains areas within the city's boundaries. This census tract includes a small area in the unincorporated part of the county south of Los Banos with agricultural uses and the Los Banos Cemetery.
FS-2
387
Figure F5-1 City of Los Banos Neighborhoods
' '
Ii II Los Banos City Boundary
Neighborhoods
- Central Los Banos
D East Los Banos
~ North Los Banos
- South Los Banos
J 1,
j/
ii
1~ \
Fresno county Dept. PWP, Merced C-ounty Assocfatlon of Go~ cafifomla State Parks, Esri, HERE, Gol'min~ SOfeGraph, Geo Technologies, ,nc, MEn/NASA,. USG), sureau of Land Management, EPA, NPS, USDA. ACS 2015-2019, HCD, P/ac,Worl<s 2021, HUD Region 9 2021. UC Berkley Urban Displacement Project, TCAC 2022, CalfnviroScreen 4.0, 202 ) Source: AFFH Data Viewer, 2023.
2024-2032 Housing Element
City of Los Banos
Affirmatively Furthering Fair Housing (AFFH)
~,
0 0.4 0.8 N
Miles A :,,, ,
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Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) F5.3 Data Sources
To conduct this analysis, the City utilized data from a variety of sources discussed in Chapter 5, Regional Assessment of Fair Housing. Additionally, the analysis includes a discussion of historic land use and segregation patterns and input from sources of local knowledge, including advocates for people with special needs, housing development and advocacy organizations, housing and social services providers, and low-income residents.
City staff were also consulted in December 2024 on all subsections of this AFFH analysis, contributing local knowledge and other relevant factors that may not have been identified in traditional data sources.
F5.4 Summary of AFFH Analysis Findings
Similar to the rest of Merced County, the entirety of Los Banos is predominantly Hispanic/Latino with 81 percent of the population identifying as non-white. Los Banos' median household income ($69,607} is 17 percent higher than that of the county ($58,861}. Central Los Banos and the southern part of East Los Banos have the lowest median household incomes, highest poverty rates, __ a_nd_ largest low- and moderate-income (LMI} populations. Ce12_tral Los Banos also has a highe_r __ percentage of residents with a disability and children living in female-headed, single-parent households compared to other parts of the city. Los Banos consists of a mix of resource areas.
Central Los Banos is an area of high segregation and poverty with lower education and economic outcomes and higher pollution burden than the rest of the city. In contrast, South Los Banos is a high-resource area with the highest economic outcomes and lowest pollution burden of all neighborhoods in the city. Transit access is limited throughout the city. Ra~s Qf costburden~ (spending more than 30 percent of household income on housing costs) among homeowners and renters and overcrowded housing is high throughout the city and highest in Central Los Banos and parts of North and East Los Banos. Overall, low-income and non-white residents, low access to educational, economic, and environmental opportunities, and housing problems are concentrated in Central Los Banos. However, South Los Banos has the lowest share of the city's low-income and non-white residents and higher access to educational, economic, and environmental opportunities compared to other areas of the city.
F5.5 Fair Housing Resources
Enforcement and Outreach Capacity
As presented in this Housing Element, the City has committed to meaningful actions to promote the development of housing for special needs populations, including lower income housing. Further, this Housing Element includes actions to affirmatively further fair housing through strategies related to housing mobility, new housing opportunities in high resource areas, fair housing enforcement and outreach, place-based strategies for neighborhood improvement, and tenant protection. The City continues to participate in the CDBG Urban County program, coordinating with the Merced County Housing Authority to ensure housing discrimination complaints are properly addressed and fair housing resources and services are offered to residents. The following shows applicable fair housing laws and the City's compliance:
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City of Los Banos
Affirmatively Furthering Fair Housing (AFFH)
F5.6 Compliance with Fair Housing Laws
FS.6.1 Fair Housing Laws
Thee City of Los Banos complies with the following state and federal fair housing laws:
■ Fair Housing Act; Title VI of the Civil Rights Act of 1964 - the City complies by ensuring its actions related to housing are not discriminatory through City protocols, decision-making procedures, and adhering to non-discrimination requirements of federal funding programs. ■ Rehabilitation Act of 1973 - see Fair Housing Act; also, the City complies through its accessibility protocols, administered and enforced by the City's Building Department. ■ American Disabilities Act (ADA)-the City complies with the ADA through building perm it review and issuance.
■ California Fair Employment and Housing Act (FEHA) and FEHA Regulations - the City complies with FEHA and its regulations through established City protocols decision making, legal counsel and advisement.
■ Government Code Section 65008 -the City Zoning Code is written to ensure that the City's actions regarding the development of housing for persons and families of very low, low, moderate, and middle incomes, or emergency shelters for the unhoused, are not discriminatory.
Programs are, nclucleainthrs !=lousing Element to facilirate housingfor all house ho d"S";incluaing protected classes (e.g., programs regarding residential care facilities, emergency shelters, and reasonable accommodations).
■ Government Code Section 8899.50 - This section of this Housing Element documents compliance with Affirmatively Furthering Fair Housing requirements. ■ Government Code Section 11-135 et. seq. --the City complies-with antj~disc:r-imination requirements through the City's Human Resources Department. ■ Density Bonus Law (Government Code Section 65915) - the City implements density bonus provisions in compliance with the Density Bonus Law and will revise the Zoning Ordinance to provide additional density bonuses under the criteria set forth by AB 1287 under this Housing Element.
■ Housing Accountability Act (Government Code Section 65589.5) -the City has documented compliance with the HAA.
■ No-Net-Loss Law (Government Code Section 65863) - the City has documented compliance with sufficient capacity for RHNA and will ensure compliance with no-net-loss via required annual reporting to HCD.
■ Least Cost Zoning Law (Government Code Section 65913.1) - the City includes programs in this Housing Element to ensure that sufficient land is zoned with appropriate standards to accommodate its RHNA.
■ Excessive subdivision standards (Government Code Section 65913.2) - the City's subdivision standards are typical or not excessive in compliance with the Government Code. ■ Limits on growth control (Government Code Section 65302.8) - the City complies as it has no growth control measures.
■ Housing Element Law (Government Code Section 65583)-this Housing Element documents compliance with Housing Element Law.
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Merced County Multi-Jurisdictional Housing Element (2024-2032) There have been no other findings, lawsuits, consent decrees, judgments, or any other legal matters regarding fair housing in Los Banos.
The City of Los Banos coordinates with the Merced County Housing Authority to provide fair h ousing information and resources to residents and housing providers. In addition, the City refers complaints involving housing discrimination and predatory lending practices to the Merced County Hous ing Authority for investigation and resolution. Organizations providing fair housing services throughout the county are discussed in Chapter 5, Regional Assessment of Fair Housing. There are no active or recent fair housing lawsuits, settlements, or legal cases in the city of Los Banos. Program 12 in the Housing Plan emphasizes the need for fair housing outreach and enforcement. Through this program the City of Los Banos works with the Merced County Housing Authority to provide fair housing information and resources to residents and housing providers.
FS.7 Ability to Address Complaints
The California Civil Rights Department (CRD}, formerly the Department of Fair Employment and Housing (DFEH), maintains a record of housing discrimination complaints filed in local jurisdictions.
HU D's Office of Fair Housing and Equal Opportunity (FHEO} also collects fair housing complaint data.
Fair housing complaints may be filed with either the CRD or FHEO, however, the FHEO may refer complaints to the state or local agency for investigation. According to HUD, six fair housing inquiries ---- --- - .... , e·re-f+led-i·n-l:os-Baoos- between--20B-and-20r-2-:--0ne-inqtt+ry-was- ftled-on-the--bas--is- of-familia-l-s-ta-t-u1..,.------ _ - For the remaining inquiries no basis was given. Between 2013 and 2022, four fair housing cases were filed with the FHEO in Los Banos. One case was filed on the basis of color, one on familial status, and one on race.
The City does not have sufficient staffing and financial resources to adequately address fair housing concerns. The City will collaborate with regional agencies, fair housing providers, organizations, and other jurisdictions within the county to address housing needs, including fair housing outreach and services, as specified in Housing Plan Programs 9 and 12.
FS.8 Segregation and Integration Patterns and Trends
Race and Ethnicity
According to the United States (U.S.) Census Bureau, Hispanic/Latino residents comprise the largest racial/ethnic group in Los Banos (approximately 73 percent). Throughout most of Los Banos, between 61 and 80 percent of residents identify as non-white (Figure F5-2}. The portion of South Los Banos located east of Center Avenue is the least diverse area in the city, with the percent of non-white residents ranging between 46 and 59 percent.
Over the past decade, the percent of non-white residents slightly increased (Table FS-1). The percent of non-Hispanic/Latino white residents decreased by six percent and the Black/African American residents decreased by one percent. The percent of Asian American/Pacific Islander, Native American/Native Alaskan, and other/multiple races stayed the same. As of 2021, approximately 73 percent of residents identify as Hispanic/Latino, 19 percent identify as nonHispanic/Latino white, three percent identify as Asian/Pacific Islander, and two percent identify as black/ African American. For comparison, approximately 61 percent of Merced County residents identify as Hispanic/Latino, 26 percent as non-Hispanic/Latino white, eight percent as Asian American/Pacific Islander, and three percent as black/African American.
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City of Lo s Banos
Affirmatively Furthering Fair Housing (AFFH)
Table F5-1 Population by Racial Group (City of Los Banos) Percent of Population
Race 2011 2021
Hispanic/Latino (of any race) 67.4% 73.2%
Not Hispanic/Latino
White 24.7% 18.8%
Asian American/Pacific Islander 3.2% 3.3%
---- Other or Multiple Races 1.6% 2.4%
Black/ African American 3.0% 2.0% ----------
Native American/Native Alaskan 0.2% 0.2%
Source: U.S. Census Bureau, America n Community Survey 5-Year Data (2007-2011, 2017-2021), Table DP0S.
The HCD AFFH Data Viewer identifies the degree to which areas have a predominant racial/ethnic majority. The predominant racial/ethnic group in each census tract is that with the largest population. The entire City of Los Banos is predominantly Hispanic/Latino, meaning the largest racial/ethnic group is Hispanic/Latino (Figure FS-3).
According to Othering and Belonging Institute (OBI) racial segregation/integration data, Los Banos does not have a high degree of segregation. South Los Banos is racially integrated while Central Los Banos has a low to medium level of racial segregation (neither highly segregated nor integrated) (Figure FS-4). The rest of the city does not have data on racial segregation. 2024-2032 Housing Element F5-7
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Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) Figure F5-2 Percent of Total Non-White Population (City of Los Banos) FS-8
'
11 ti Los Banos City Boundary
~ : :, Neighborhoods
Racial Demographics 2020 (Block
Group)
Percent ofTotal Non-White
Population
- 21%-40%
- 41%-60%
- 61%-80%
i
-'~
Fresno County Dept. PWP. Meret2dCounty Association of Gov, Califomfa State Parks, E,sr-}, HCHE, Garmin, SafeGraph, Gee Technologies, ln<"r METI/NASA, USGS, Bureau of tar1d Marragem~nt, EPA, NPS, USDA, ACS 2015-2019, HCD, PlaceWorks 2021, HUD Region 9 2021, UC Berkley Urban Displacem,11t Project, TCAC 2022, Cn/EnviroSae,n 4.0, 202) Source: AFFH Data Viewer, 2023.
0 0.4
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Figure F5-3 Predominant Populations (City of Los Banos) ~ , _
iC71 Los Banos City Boundary
~ : :, Neighborhoods
Predominant Race (ACS
2017-2021) -Tract level
0-13
13-97
97 -100
j
~ ,I
Fresno County Dept. PWP, Merced Count)/ Association of Gov, California State Parks, Esri, HERE, Garmin, So/eGroph, Geo Technologies, fnc, METI/NASA, usqs, Bureau of Land Management, EPA, NPS, USDA, ACS 2017-2021, HCD, PloceWorl<s, HUD Reg;on 9, UC Berkley UDP, TCAC 2012, Co/Env;roScreen 4.0, 2021, CAl FIRE, OEHHA, FEMA Source: AFFH Data Viewer, 2023.
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City of Los Banos
Affirmatively Furthering Fair Housing (AFFH)
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394
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element {2024-2032) Figure F5-4 Racial Segregation and Integration (City of Los Banos) r
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II 11 Los Banos City Boundary
~ ~ ~1 Neighborhoods
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(OBI, 2020) - Tract
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Banos
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0.4 Miles
"~ '
0.8 N
A
395
City of Los Banos
Segregation and Integration Patterns and Trends
Persons with Disabilities
As referenced in Chapter F3, Housing Needs Assessment, approximately 10 percent ofthe population in Los Banos (4,297 residents) reports living with one or more disabilities, slightly less than the percent of residents living with a disability in Merced County (13 percent) and the Northern SJV region (13 percent). The most common disability in the city is ambulatory difficulty, defined as having serious difficulty walking or climbing stairs, followed by cognitive difficulty (Figure F5-5).
Disabilities are most prevalent among senior residents. Approximately 39 percent of residents aged 65 and over have a disability. In contrast, among adults aged 18 to 64 years old, only eight percent have a disability.
Black/African American and non-Hispanic/Latino white residents report the highest rates of disability by racial/ethnic group, at 16 percent and 12 percent, respectively. Other racial/ethnic groups have a significantly lower percentage of residents with a disability.
Figure F5-5 Disability by Type (City of Los Banos)
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Notes: These disabilities are counted separately and are not mutually exclusive, as an individual may report more than one disability.
These counts should not be summed .
Source: U.S. Census Bureau, American Community Survey S-Year Data (2017-2021), Table S1810.
Areas of Los Banos located north of State Route 152 generally have a higher percentage of residents living with a disability (Figure F5-6). In Central and parts of North and East Los Banos, between 10 and 20 percent of the population has a disability. South Los Banos and the southern part of East Los Banos have the lowest percentage of residents with a disability in the city, approximately seven percent.
Approximately four percent of the total employed population in the city has a disability, reflecting no change from 2016. Six percent of the unemployed population has a disability, down from eight percent in 2016. Table F5-2 shows employment status by disability status estimates for Los Banos. 2024-2032 Housing Element 5-11
396
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) Geographically, older parts of the city tend to have aging infrastructure that makes those with mobility issues more difficult to navigate. The historic Downtown area (Central Los Banos) tends to have more accessibility issues compared to other, newer areas of the city. The Downtown area was designed in the 1950s. The City receives complaints related to accessibility in this area, particularly on Sixth (Main) Street and "I" Street. Most complaints relate to a lack of ADA parking and high curbs and road crowns.
In October 2024, the City adopted a Downtown Master Plan which identified accessibility issues in this area with input from stakeholders and community members. The Downtown Master Plan focuses on implementing improvements to infrastructure, walkability, and intermodal transportation that will be implemented through Los Banos Capital Improvement Projects (CIPs).
There are five residential elderly care facilities and one adult residential facility in Los Banos.
Facilities are generally distributed throughout the city and are accessible to residents in tracts where the population of persons with disabilities exceeds ten percent.
FS-12
397
Figure F5-6 Percent of Population with a Disability (City of Los Banos) '--
'
:::z-:-:-:::::::-:-:
IL_]I Los Banos City Boundary
~ ~ ~I Neighborhoods
Population With a Disability
{Trad) - ACS (2017-2021)
,---i < 10%
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Ffesno County Dept PWP, Merc~d County AAoc.fation of Gov, Coil70mla State Parks, Esrf, HERE, Garmin, Safl!Groi,h. Geo Technologies, Inc. METI/NASA., USGS. Bureau of t.ond MonagemMt, EPA, NPS, USDA, ACS 2015-2019, HCD, PlaceWorks 2021, HUD Region 9 2021, UC Berkley Urban 0/sp/acemenr Project TCAC 2012, Ca/EnviroScre,,n 4,0, 102) Source: AFFH Data Viewer, 2023
2024-2032 Housing Element
City of Los Banos
Affirmatively Furthering Fair Housing (AFFH)
--- -» --~
,,
0-4 0,8 N
Miles A
FS-13
398
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) Figure F5-7 Percent of Population with a Disability and Residential Care Facilities (City of Los Banos)
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Population With a Disability (Tract) - ACS (2017-2021)
Percent of population with a disability
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10%-20%
20%-30%
30%-40%
- >40%
• Adult Residential facilities
A Residential Elder Care facility
: .:. ': City Boundary
City of Los
Banos
Source: AFFH Data Viewer, 2023 and Department of Developmental Services, 2024.
F5-14
N
A
0 0.5
Miles
399
City of Los Banos
Affirmatively Furthering Fair Housing (AFFH)
Tobie FS-2 Employment Status by Disability Status (City of Los Banos) Employed Unemployed Employed Unemployed
2012-2016 2012-2016 2017-2021 2017-2021
(Percent of Total (Percent of Total (Percent of Total (Percent of Total Disability Status Employed) Unemployed) Employed) Unemployed) No Disability 12,481 1,928 15,392 1,637
96.0% 92.2% 95.8% 93.6%
With a Disability 520 164 67 111
4.0% 7.8% 4.2%5 6.4%
Total 13,001 2,092 16,067 1,748
Source: U.S. Bureau of the Census, American Community Survey (ACS), Table 08120 Employment Status by Disability Status, 2012- 2016, 2017-2021 Estimates.
Familial Status
Familial status refers to the presence of children under the age of 18 and the martial status of the head of the household. Families with children may face housing discrimination by landlords who fear that children will cause property damage. Examples of differential treatment include limiting the number of children in an apartment complex or confining households with children to a specific location. These actions are potentially discriminatory and single-parent households are protected by - fair-heusing law.
Household composition in Los Banos is similar to Merced County and the Northern SJV region. As of 2021 (latest available data), households with children present comprise approximately 42 percent (5,062 households) of the total households in the city. Married-couple families with children comprise the largest share of households with children (64 percent), followed by female-headed, single parent households (22 percent), then male-headed, single-parent households (six percent) (Table FS-3). Female-headed, single-parent households are more likely to rent than own, comprising approximately 17 percent of all renter-occupied households in the city but only three percent of owner-occupied households. In contrast, male-headed, single-parent households are slightly more likely to own than rent, comprising three percent of all owner-occupied households and two percent of all renter-occupied households.
Table FS-3 Tenure by Household Type and Presence of Children (City of Los Banos) Percent of Total Percent of Total
Household Type Owner-Occupied Owner-Occupied Renter-Occupied Renter-Occupied Married Couple Family, with 1,864 27.7% 1,768 33.4%
Children Present --- --- Single-Parent, Male Householder, 185 2.7% 114 2.2% no Spouse Present
Single Parent, Female 228 3.4% 903 17.1%
Householder, No Spouse Present
Total Households with Children 2,277 33.8% 2,785 52.6%
Present ---
Total Households 6,732 5,293
Source: U.S. Bureau of the Census, American Community Survey (ACS), Table B25115 Tenure by Household Type and Presence and Age of own Children, 2017-2021 Estimates.
2024-2032 Housing Element F5-15
400
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) Central and the southern part of East Los Banos have the highest percentage of children residing in female-headed, single-parent households in the city (Figure F5-8), approximately 30 to 31 percent.
North and South Los Banos have the lowest percentage of children living in female-headed, singleparent households, ranging from four to nine percent.
Approximately 30 percent of households in Los Banos are married couples with at least one child under 18 years, which is greater than Merced County (22 percent) and the Northern SJV region (24 percent). Northern parts of North and East Los Banos have the highest percentage of children living in married couple households, greater than 80 percent (Figure F5-9). Central Los Banos and central parts of East Los Banos have the lowest percentage of children living in married couple households (between 40 and 60 percent).
Child care centers are located throughout Los Banos. There are a total of 13 child care centers in Los Banos, including centers in all neighborhoods of the city.
Household Income
Household income is directly connected to the ability to afford housing. Higher-income households are more likely to own rather than rent housing. As household income decreases, households tend to pay a disproportionate amount of their income for housing and the number of persons occupying unsound and overcrowded housing increases. To achieve fair housing objectives, people in low- • m:ume-househulds, nust·have--actoat-cho ice-irnmastng-oppo-rtanittes=that-rs; wherrthey-a-re, rhle to locate units that are affordable and well maintained in all parts of a jurisdiction and region.
This section identifies household income disparities using data based on median household income and LMI geographies. HUD defines an LMI area as a census tract or block group where over 51 percent of the population is LMI. The definition of LMI is based on HUD income definitions of up to 80 percent of the area median income (AMI). Data for this analysis are from the HUD Low and Moderate Income Summary Data based on the 2011-2015 American Community Survey (most recent available data). 1
As of 2021 (most recent available data), Los Banos has a median household income of $69,607, approximately 17 percent higher than the median household income of Merced County ($58,861) and two percent higher than the median household income of the N SJV region ($68,368).
Throughout most of the city, median household income is lower than the State median income of $90,100 (Figure F5-10). Areas ofthe city with the lowest median household income are concentrated in Central Los Banos and the southern parts of North and East Los Banos, where median household income is less than $55,000. These areas have a sizeable percentage of the City's mixed-use and medium- and high-density residential zoning, which all have the highest density allowance of all zones. South Los Banos and the portion of East Los Banos north of San Luis Street and south of B Street have the highest median household income, approximately $87,000 to $91,000. These areas are primarily zoned low-density residential. Generally, areas of Los Banos zoned low-density residential have higher median household incomes than areas zoned medium density, high density, or mixed use.
' HUD Exchange 2021: https://www.hudexchange.info/programs/acs-low-mod-summary-data/ F5-16
401
City of Los Banos
Affirmatively Furthering Fair Housing (AFFH)
The prevalence of LMI populations in Los Banos is similar to that of other cities in Merced County and generally follows the same pattern as median household income. Areas with a lower median household income generally have a larger LMI population. In Los Banos, concentrations of LMI residents and low median household income are likely due to the location of affordable housing in the city. Areas with the highest percentage of LMI residents are located in Central Los Banos, where approximately 67 percent of the population is LMI, parts of East Los Banos, where 62 to 63 percent of residents are LMI, and part of North Los Banos, where 53 percent of residents are LMI (Figure FS-11). Accordingly, most of the city's subsidized affordable housing units are in Central and East Los Banos. Throughout the rest of the city, 27 to 32 percent of residents are LMI. Central Los Banos also has the highest percentage of children living in female-headed, single-parent households (Figure FS-8) and the lowest median household incomes (Figure FS-10). 2024-2032 Housing Element FS-17
402
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) Figure F5-8 Female-Headed Households with Children Present, No Spouse/Partner Present (City of Los Banos} FS-18
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IC:=J! Los Banos City Boundary
~ ~ :, Neighborhoods
Percent of Children in Female i
Householder, No Spouse/Partner I
Present Households I
D Less than 20%
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0 '
0.4 0.8 N
Miles A
403
Figure FS-9 Married Couple Households with Children Present (City of Los Banos} !
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lc:::::JI Los Banos City Boundary
~ ~ ~• Neighborhoods
Percent of Ollldren In MarriedCouple Households
- 40%-60%
- 60"/4 - 80%
- 80"/4 • 100%
J
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Fresno Counry Dept. PWP, Merced County AssOC}at;on of Gov, Colifomia State Parks, Esrl, HERE. Gormln, Sof~Graph, GeoTectmologies, Inc. MET I/NASA, usas, Burttru of land Managtmtnt, EPA, NPS. USDA, ACS 2015-2019, HCD, PloceWorks 2021, HUD Region 9 2021, UC Berkley Urban Dlspla<ement Project. rcAC 2012. Co/Etwiroscr .. n 4.0, 2021 Source: AFFH Data Viewer, 2023
2024-2032 Housing Element
City of Los Banos
Affirmatively Furthering Fair Housing (AFFH)
~
'-t
0.4 0.8 N
Mites A
F5-19
404
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) Figure FS-10 Median Household Income (City of Los Banos) -~~ -'<,~.:)
IC7) Los Banos City Boundary
~ : :, Neighborhoods
Median Income (Tract) - ACS
(2017-2021)
- Less than $55,000
C"7 $55,000 - $90,100
l S90,100 -s120,ooo
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Fresno County Dept. PWF;Merced collnty Assodatfon of Gcv, Cali{Orrt/0 State Parks, £.sr,, HEH£, Garmin. SofeGraph, Geo Technologies. Inc, ME.Tl/NASA, us.as, Bureau of Lond Mot1og1ment, EPA, NPS, USDA, ACS 2015·2019, HCD, PlaceWorks 1011, HUD Rcqion 92021, UC Berkley Urban Displacement Project, TCAC 1022, Ca/EnviroScrecn 4,0, 2021 Source: AFFH Data Viewer, 2023 l
F5-20
0.4 Miles
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0.8 N
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Figure FS-11 Low- and Moderate-Income Population (City of Los Banos} ~,,
IC.JI Los Banos City Boundary
~ : :, Neighborhoods
(A) Low to Moderate Income
Population (HUD) - Block Group
- <25%
-- 25%-50"/4
~ • 50%-75%
- 75% - 100%
North
I
y
i
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Fresno County Dept, PWP, Merced County AssocJat;on of Gov, California State Park's: Es.ri, HERE, Garmin, S<JfeGrnph, Geo Tr!elmolotJies, Inc, ME TT/NASA, US~S. Bureau of lnnd Management, EPA, NPS, USDA, AC5 2015·10l9, HCD, PlaceWork, 1021, HUD Region 9 2021, UC Berkley Urban Di,p/a.ement Project, rcAC 2022, CalEnviroScreen 4,Q, 102 Source: AFFH Data Viewer, 2023
2024-2032 Housing Element
City of Los Banos
Affirmatively Furthering Fair Housing (AFFH)
_J
'
0.4 0.8 N
Miles A
FS-21
406
Merced County Association of Governments
2024-2032 Merced County Multi-Jurisdictional Housing Element Figure F5-12 Female-Headed Households with Children and Child Care Centers (City of Los Banos)
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Percent of Children in Female Householder, No Spouse/Partner Present Households Percent of Children in Female Householder, No Spouse/Partner Present Households LJLessthan2"""
c::.1 20%-40%
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60%-80%
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■ Chlld C¥e cenms
a:_-:, CIIJ Boundary
5-22
City of Los
Banos
N
A
0 0.5
Miles
407
City of Los Banos
Affirmatively Furthering Fair Housing (AFFH)
Racially and Ethnically Concentrated Areas of Poverty
To identify racially and ethnically concentrated areas of poverty (known as R/ECAPs), the California Tax Credit Allocation Committee (TCAC) includes a poverty concentration and racial segregation filter that aligns with HU D's R/ECAP methodology but is intended to reflect the level of racial and ethnic diversity more effectively. TCAC categorizes census tracts that have both a poverty rate of over 30 percent and that are designated as being racially segregated (overrepresentation of people of color relative to the region) as areas of high segregation and poverty. Census tracts with 1.25 times the county's percentage of black/African American, Hispanic/Latino, Asian/Pacific Islander, or all people of color are designated as racially segregated areas.
Central Los Banos is a TCAC area of high segregation and poverty (Figure FS-13). Central Los Banos has both a high percentage of non-white residents (65 to 70 percent) and one of the lowest median household incomes in the city ($44,200). Central Los Banos also has the highest poverty rate in the city (27 percent) (Figure FS-14).
Like all areas of the city, Central Los Banos has a majority Hispanic/Latino population. Both Central and East Los Banos have larger proportions of housing structures with two or more units.
Approximately 27 percent of housing units in Central Los Banos have two or more units according to the HCD AFFH Data Viewer 2.0. Multi-family housing units tend to cater towards lower-income households compared to single-family structures. As mentioned above, this area ofthe city has the highest pover y rat e compared l o orlier census tracts cit ywide. Th-e TCAC area of segregafion and poverty also has a higher percentage of renter-occupied households (57.7 percent) compared to North Los Banos (34 percent) and South Los Banos (33.3 percent). The proportion of renteroccupied households in Central Los Banos is comparable to the proportion in East Los Banos. About 46 percent of renter households in the area of segregation and poverty are cost burdened, higher than in South Los Banos but lower than North and East Los Banos. Central Los Banos also has a higher rate of severely overcrowded households (nine percent) compared to all other census tracts (less than five percent). Central Los Banos has similar environmental conditions compared to North and East Los Banos, scoring in the 80th to 100th percentile (more negative factors) for environmental pollution. Census tracts that make up Central Los Banos are all considered LMI areas where more than 50 percent of households are LMI. Demographics in Central Los Banos compared to the city as a whole are shown in Table FS-4.
Table FS-4 Demographics of Area of High Segregation and Poverty % With Two or % Renter
Area More Units Median Income Poverty Rate Households % Non-White Central Los Banos 27%
Los Banos (City} 12%
Source: HCD AFFH Data Viewer 2.0 and 2017-2021 ACS.
$44,200
$69,607
27%
14%
58%
44%
80%
81%
As discussed in Section FS.12, subsidized housing units and public housing units in Los Banos are concentrated in Central Los Banos (175 affordable units) and East Los Banos (332 affordable units).
There are no subsidized or public housing units in North or South Los Banos. The concentration of subsidized and public housing units in Central Los Banos likely also contribute to the area of high segregation and poverty designation.
The Historic Downtown Los Banos neighborhood is also located in Central Los Banos. The City adopted the Downtown Strategic Plan in 2020 to guide future development in the Downtown area. 2024-2032 Housing Element F5-23
408
Merced County Association of Governments
2024-2032 Merced County Multi-Jurisdictional Housing Element The Historic Downtown area is a compact and walkable cultural hub in the city where opportunities for new housing, economic, and public uses have been identified. In part due to the historic nature of some Central Los Banos neighborhoods, the age of the housing stock in the area is slightly older compared to North and South Los Banos.
Due to the historic nature of the Central Los Banos area, roadways and sidewalks are also older and present accessibility issues. As discussed in the Persons with Disabilities subsection above, the City has received complaints in the Downtown area due to limited ADA parking and high curbs and crowns. Specifically, the City receives complaints related to Main Street and High Street, developed in the 1950s. The aging roads with accessibility issues present issues particularly for populations with mobility issues trying to navigate the Downtown area.
In October 2024, the City adopted a Downtown Master Plan which identifies roadway and accessibility issues. In addition to complaints received, the City consulted stakeholders and community members who identified accessibility issues in Central Los Banos as an important issue.
The Master Plan focuses on infrastructure, walkability, and intermodal transportation and revitalization efforts that will be implemented through the City's CIP projects.
As discussed in the City's Park Master Plan, Los Banos parks are accessible to all areas and neighborhoods in the community within a two-mile radius. Park access is discussed further in Section FS.8 of this analysis. According to the Health Places Index, a project by the Public Health ---- --- - Mtra-rrce-of-S·u-athern-eatifurrria-;-10(:)ire-rce-nt-of-reside-nts-in eentraitos-Banosiive-w ithirnrmile-o,_,_ ______ _ supermarket or large grocery store. Access to grocers in this tract is the highest compared to other Los Banos neighborhoods.
Poverty and Segregation
Approximately 14 percent of the population in Los Banos are living below the.poverty line, wh.ich is 10 percent lower than the county's poverty rate (24 percent). Poverty rates in the city are highest in Central Los Banos, where 27 percent of residents are living below the poverty line (Figure FS-14).
Poverty rates are lowest in South Los Banos (seven percent) and the portion of East Los Banos located north of San Luis Street and south of Quail Street (five percent). Throughout the rest of the city, between 10 and 20 percent of the population is below the poverty line.
Concentrated Areas of Affluence
HCD's AFFH Data Viewer identifies Racially Concentrated Areas of Affluence (RCAAs), defined as white, affluent communities, as census tracts that have a white population that is 1.25 times higher than the Council of Governments (COG) region and a median household income 1.5 times higher than the AMI. South Los Banos is considered an RCAA (Figure FS-15). South Los Banos has the highest percentage of white residents (40 percent) (Figure FS-2) and one of the highest median household incomes ($86,708) (Figure FS-10) in the city. The percentage of white residents in South Los Banos is 32 percent higher than the COG region and the median household income is 38 percent higher than the county AMI.
South Los Banos is primarily zoned for single-family residential (R-1) uses with smaller pockets zoned for Highway Commercial (H-C), Neighborhood Commercial (C-N), Professional Office (P-0), medium density residential (R-2), and parks and open space (PARK, OS). In comparison, the Central, North, and East Los Banos neighborhoods have higher concentrations of commercial, higher density residential, and industrial zoned areas.
5-24
409
City of Los Banos
Affirmatively Furthering Fair Housing (AFFH)
As stated above, South Los Banos has a larger proportion of white residents, and a higher median income compared to other areas of the city. Other demographics in South Los Banos compared to the city as a whole are shown in Table FS-5 below. South Los Banos has a significantly smaller share of renters and housing structures with two or more units. As mentioned above, the small share of multi-family housing in Los Banos, that is typically more affordable to lower-income households, likely contributes to the area's RCAA designation. South Los Banos is considered a high-resource area, the only high-resource area identified in the city. Compared to other census tracts in the city, South Los Banos has a particularly high TCAC economic and environmental domain score, indicating economic opportunities and environmental conditions are superior in this area of the city.
The RCAA designation in South Los Banos {higher median incomes and larger populations of white residents) can mostly be attributed to the zoning and housing types available in South Los Banos.
Unlike in Central, North, and East Los Banos, there are no subsidized housing units or public housing buildings in South Los Banos.
Table F5-5 Demographics of RCAA
% With Two or % Renter
Area More Units Median Income Poverty Rate Households White South Los Ba nos
Los Banos (City)
2%
12%
Source: HCD AFFH Data Viewer 2.0 and 2017-2021 ACS.
2024-2032 Housing Element
$86,708
$69,607
5.4%
14%
33%
44%
37%
19%
F5-25
410
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) Figure F5-13 Areas of High Segregation and Poverty (City of Los Banos) •. ,_
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~ High Segregation and lj
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F5-26
'
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Miles A
411
Figure FS-14 Poverty Status (City of Los Banos}
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Affirmatively Furthering Fair Housing (AFFH)
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Poverty Status (Tract) - ACS
(2017-2021)
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2024-2032 Housing Element
.,~
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FS-27
412
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) Figure FS-15 Racially Concentrated Areas of Affluence (City of Los Banos} I_!
FS-28
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'
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Miles A
413
City of Los Banos
Affirmatively Furthering Fair Housing (AFFH)
F5.9 Disparities in Access to Opportunities
Transit Access and Walkability
"The Bus," Merced County's Regional Transit System, was formed from the consolidation of four former local public transit service providers in July 1996. Today The Bus is the single public transportation service provider for all of Merced County. The Bus operates 15 fixed routes throughout the region. The Bus offers veterans, seniors and Americans with Disabilities Act (ADA)- eligible passengers to ride for free on all services provided by The Bus throughout Merced County.
The Bus offers the following services in Los Banos:
■ The Los Banos Commuter is a fixed-route bus service connecting the cities of Los Banos, Dos Palos, and Merced with six stops in the city of Los Banos and one just west of Los Banos at the Merced College Los Banos campus. This route operates from 6:04 a.m. to 8:38 p.m. Monday through Friday and 7:30 a.m. to 7:51 p.m. on the weekends. Each bus stop is served at intervals between one and a half to two and a half hours.
■ Paratransit is a curb-to-curb shred transit service for persons with a disability and seniors.
Paratransit service is available in every city and community in Merced County and operates between 6:00 a.m. to 8:00 p.m., Monday through Friday and 8:00 a.m . to 6:00 p.m. on Saturday and Sunday.
■ The Micro Bus is a shared, on-demand transit service that stops at designed stops throughout Los Banos and other communities in western Merced County that offers curb-to-curb service and reduced rates for seniors and persons with disabilities.
Residents in Los Banos have low access to publictransit and low transit ridership compared_to the city of Merced and other nearby cities. Los Banos received an average AIITransit performance score of 1.0 which is based on a low combination of trips per week and number of jobs accessible by transit. 2 This score is lower than scores for larger cities in the region, such as Merced (4.7) and Atwater (3.2). According to ACS estimates, 78 percent of workers in Los Banos drive alone to work, 16 percent carpool, less than one percent use public transportation, and less than one percent commute through other means, such as walking or biking.
Walk Score is a private company that offers a walkability index on its website, that measures the pedestrian friendliness of a given location by analyzing walking routes to nearby amenities and examining population density and road metrics, including block length and intersection density. 3 According to Walk Score, Los Banos received a walk score of 33 out of 100, which is considered "car dependent." The Environmental Protection Agency (EPA) has a walkability index, that ranks block groups according to their relative walkability. 4 According to the National Walkability Index, Central Los Banos is the most walkable part in the city with most of the city having above average walkability (Figure FS-16). Areas of North, East, and South Los Banos that are further from Central Los Banos have below average walkability.
2 AIITransit.Org, 2021. https:/ /alltransit.cnt.org/
3 Wal k Score, 2021. https://www.wal kscore.com/methodology.shtml • EPA, 2021. https:/ /www.epa.gov/sma rtgrowth/nationa 1-walkability-index-user-guide-and-methodology 2024-2032 Housing Element FS-29
414
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) As discussed previously, Central Los Banos is the most walkable but also faces accessibility issues that the City aims to resolve in the coming years. The City faces issues in gaps in the circulation grid, specifically connecting older neighborhoods with newer developments. Infrastructure, walkability, and intermodal transportation is a priority for Los Banos, as outlined by the recently adopted Downtown Master Plan.
Highway 152 (Pacheco Boulevard) bisects the city and creates connectivity issues. The Highway carries a high volume of traffic, including large semi-trucks, and has been widened to achieve the maximum capacity for traffic accommodation. The Highway presents issues with safe crossings. It has very small sidewalks and is generally not very safe for pedestrians or bicyclists given the high traffic volume. The City is currently preparing a Transportation Master Plan that aims to improve connectivity and transportation issues, particularly in this area. The Transportation Master Plan is expected to be completed in Summer of 2025. Recent active transportation expenditures, as outlined in the City's Bicycle-Pedestrian Plan, include the CCID Trail, Page Trail, Rail Trail, bike lane improvements, safe routes to school sidewalks, and sidewalk infills.
Access to Quality Education
Educational outcomes are measured through the educational opportunity index, which measures the percentage of fourth-grade students testing proficient in reading and math within three miles of a census block rouR. Scores ran e from 0-1 with 1 being the most positive educational outcome. and 0 being the least positive educational outcome. East and North Los Banos have the most positive education outcomes compared to the rest of the city (Figure F5-17). Central and South Los Banos have less positive education outcome scores. Education outcome scores in Los Banos are less positive compared to other cities in the western part of the county, including Livingston, Atwater, the northern and eastern parts of the city of Merced.
Los Banos is served by the Los Banos Unified School District (LBUSD}, which includes nine elementary schools, one district-wide Transitional Kindergarten Center, two junior high schools (grades 7-8), two comprehensive high schools, one alternative high school, and one alternative education center. During the 2021-2022 school year LBUSD had a student enrollment of 10,928 students. According to Kidsdata.org, a data compilation program of the Lucile Packard Foundation for Children's Health, LBUSD had a high school graduation rate of 91 percent in 2021. Most students in the LBUSD are Hispanic/Latino (84 percent), followed by white (10 percent), black/ African American (two percent), and Asian/Pacific Islander (two percent). In addition, 70 percent of LBUSD students are eligible for free or reduced-price meals, and 26 percent are English learners.
Under the LBUSD, there are nine elementary schools, four secondary schools, and two opportunity schools. The LBUSD schools and their location are described below:
• Charleston Elementary - South of City boundaries
• Grasslands Elementary- East Los Banos
• Henry Miller Elementary- Central Los Banos
• Lorena Falasco Elementary- North Los Banos
• Los Banos Elementary - Central Los Banos
• Mercey Springs Elementary- East Los Banos
• Volta Elementary- West of City boundaries
• R.M. Miano Elementary - Central Los Banos
• Westside Union Elementary- Central Los Banos
F5-30
415
City of Los Banos
Affirmatively Furthering Fair Housing (AFFH)
■ Los Banos Junior High - East Los Banos
■ Creekside Junior High - South Los Banos
■ Los Banos High - South Los Banos
■ Pacheco High - East Los Banos
■ San Luis High (Opportunity) - Central Los Banos
■ Crossroads (Opportunity) - South Los Banos
Los Banos has seen a rapid increase in population in recent years. The City has experienced difficulty in accommodating a growing student population. Among city residents, there is growing concern about new housing projects that may further populate local schools. In recent discussions with residents and stakeholders, issues have been identified in linking the removal of constraints to housing development and requiring developers to mitigate growth impacts to schools.
While there are schools available in every Los Banos neighborhood, concentrations of schools are directly related to the distribution of District-owned land and availability of sites.
Economic Outcomes
TCAC economic opportunities are measured by census tract. They consider poverty, adult education, em i;,lo]'ment. ·ob roximit J and .!}1edian home values. A hi her economic index score reflects more positive economic outcomes. Economic outcome scores vary significantly throughout Los Banos.
South Los Banos has the most positive economic outcome scores in the city and Central Los Banos has the least positive economic outcomes scores (Figure FS-18). This mix of economic outcome scores is similar to Atwater and the city of Merced.
According to 2021 ACS estimates, Los Banos has an employment rate of 61 percent of persons 16 years and over, similar to the Northern SJV region and approximately four percent higher than the labor force participation rate for the county. The largest industries in terms of employment in Los Banos are education services, health care, and social assistance (17 percent of employed population); construction (16 percent of employed population); and retail trade (15 percent of employed population). These industries are three of the four largest in Merced County.
The City's 2021 Comprehensive Annual Financial Report listed the City's largest employers as LBUSD (two percent of total City employment), Memorial Hospital (two percent of total City employment), and Wal-Mart (two percent oftotal city employment). Several of Los Banos' top employers are located in South Los Banos, including the Wal-Mart Supercenter, three schools operated by LBUSD, and the LBUSD district office. The area surrounding the Wal-Mart Supercenter in South Los Banos consists of land zoned for commercial uses with many businesses that provide employment opportunities for residents.
There has been a large influx of Bay Area residents moving to Los Banos, particularly in search of more affordable housing. Many Los Banos residents currently commute to the Bay Area, or other areas outside Los Banos, for work. According to 2018-2022 ACS estimates, 68 percent of Los Banos residents work outside of the city. The increase in population has also caused housing costs to rise, leading to displacement issues.
2024-2032 Housing Element F5-31
416
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) Figure FS-16 Walkability Index (City of Los Banos)
-.-,
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lc:::71 Los Banos City Boundary
~ ~ ~I Neighborhoods
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EPA, NPS, USDA, ACS 2015•2019, HCO, PlaceWorks 1021, HUD Region 92021. UC Berk.fey Urban Displacement Projrct, TCAC 2022, CalEnviroScreen 4.0, 202~ Source: National Walkability Index, 2023
F5-32
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2024-2032 Housing Element
City of Los Banos
Affirmatively Furthering Fair Housing {AFFH)
\
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Miles A
F5-33
418
Merced County Association of Governments
Merced County Regional Multi-Jurisdiction Housing Element Figure FS-18 TCAC Opportunity Areas - Economic (City of Los Banos) 5-34
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,,
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419
City of Los Banos
Affirmatively Furthering Fair Housing (AFFH)
Healthy and Safe Housing Environment
Similar to the rest of Merced County, pollution burden is high throughout Los Banos. The CalEnviroScreen map for the City of Los Banos identifies the degree to which communities are considered burdened by pollution. CalEnviroScreen identifies a high degree of pollution burden throughout the city but highest in Central and North Los Banos (Figure F5-19). South Los Banos has the lowest pollution burden of any neighborhood in the city. Pollution burden associated with drinking water contaminants, pesticide use, and groundwater threats is high throughout the whole city. In Central Los Banos, pollution burden from children's lead risk from housing is high. Pollution burden associated with proximity to solid waste sites is high in East and North Los Banos. Population characteristics that make Los Banos residents more vulnerable to pollution include asthma, cardiovascular disease, low education attainment, linguistic isolation, and high rates of poverty and unemployment. The TCAC environmental opportunity map also identifies pollution burden, using CalEnviroScreen scores. However, unlike CalEnviroScreen, the TCAC map compares census tracts to other census tracts within the same council of governments to show differences in pollution burden within the region According to the TCAC opportunity map, environmental outcomes in Central Los Banos are the least positive in the city and environmental outcomes in South Los Banos are the most positive (Figure F5-20). North and East Los Banos also have positive environmental outcome scores.
Senate Bill (SB) 535 tasks the California Environmental Protection Agency with identifyin~ disadvantaged communities. Disadvantaged communities are low-income areas that are disproportionately affected by environmental pollution and other hazards. Under SB 535, a minimum of 25 percent of funds from the Greenhouse Gas Reduction Fund, funded by revenue from the state's cap-and-trade emissions program, goes to projects that benefit disadvantaged communities. Most of Los Banos, with the excegtion of South Lo_s B~nQ.~~ con_s_kjered a disadvantaged community under SB 535 (Figure F5-21). South Los Banos generally has a lower percentage of LMI (Figure F5-11) and non-white populations (Figure F5-2) compared to the rest of the city.
Highway 152, discussed in the Transit Access and Wa/kability subsection above, is the primary pollution source in the City. Emissions and particulate matter generated by traffic and idle trucks are of concern, especially for vulnerable communities. There are two elementary schools with playgrounds facing the Highway.
The city relies exclusively on groundwater wells. In 2014, The State Water Resources Control Board announced a new Maximum Contaminant Level (MCL) of 10 parts per billion (ppb) for chromium-6, a mineral that occurs naturally at levels above the new MCL in the city of Los Banos' groundwater.
The newly established MCL is one-fifth of the current total chromium standard in California of 50 ppb, which includes both trivalent chromium (chromium-3) and chromium-6. The federal MCL for total chromium is 100 ppb. The Los Banos water system has violated the new drinking water standard for chromium-6, however this issue is not considered an emergency. The City has submitted a Corrective Action Plan (CAP) that includes corrective actions and timeline on when and how the City plans to approach the new MCL for chromium-6. The chromium-6 levels are not related to a specific polluter, but are naturally occurring in the City's groundwater resources.
The City's Parks Master Plan shows that parks are accessible to all areas and neighborhoods in the community within a two-mile radius. There is a one-mile service areas in the southeast section of the city that may lack a community park to meet the recreational needs of the area. The Master Plan states that a community park may be a future need if the population of the city expands 2024-2032 Housing Element F5-35
420
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) primarily to the south and southeast. According to Health Places Index (HPI) data, created by the Public Health Alliance of Southern California, Los Banos ranks in the top quartile for park access where more than 90 percent of residents live within a half mile of a park or open space.
There are generally no issues with grocery access or food deserts in the city. According to the HPI data, Central and South Los Banos rank in the top quartile for supermarket access. The North and East areas have reduced access to large grocers. However, grocery store access is generally not a common complaint documented by City staff.
FS-36
421
Figure FS-19 CalEnviroScreen 4.0 Percentile Scores (City of Los Banos) IQ) Los Banos City Boundary
~: :, Neighborhoods
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2021 Update)
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- 81-90
- 91-100 (Highest Scores)
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2024-2032 Housing Element
City of Los Banos
Affirmatively Furthering Fair Housing (AFFH)
0.4 0.8 N
MIies A
FS-37
422
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032} Figure F5-20 TCAC Opportunity Areas - Environmental (City of Los Banos} F5-38
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0.4 423
Figure F5-21 SB 535 Disadvantaged Communities (City of Los Banos) j[=:J! Los Banos City Boundary
~ :: ::, Neighborhoods
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2022)
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Fresno County Dept. P~ Merced County A.sslxfat.fon of Gov, Cofifomio State Potks, Esri, Hf:RE, Gormin, SDieGroph, GecTecht'lologies. 1nC, METf/NASA, U.sGS; Bureau of Land Management, EPA, NPS, USDA, ACS 2015•2019, HCD, PloceWorks 1021, HUD Region 91021, UC Berkll'y Urban Disp/ace~nt Project. TCAC 1021, CalEnviroScreet1 4.0, 102J Source: AFFH Data Viewer, 2023
2024-2032 Housing Element
City of Los Banos
Affirmatively Furthering Fair Housing (AFFH)
0.4 0.8 N
Miles A
FS-39
424
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) F5.10 Disproportionate Housing Needs
Disproportionate housing needs refers to a condition in which there are significant disparities in the proportion of members of a protected class experiencing a category of housing need, or the total population experiencing that category of housing need in the applicable geographic area. To analyze the extent of disproportionate housing needs, this section reviews HUD Comprehensive Housing Affordability Strategy (CHAS) data on housing cost burden, overcrowding, and substandard housing conditions (collectively known as "housing problems"); homelessness; and displacement risk.
Housing Problems
According to federal law, "housing problems" refers to any of four housing issues: cost burden and severe cost burden, overcrowding, and substandard housing conditions.
Approximately 41 percent of all households in Los Banos are experiencing housing problems and 22 percent are experiencing severe housing problems.
Substandard Housing Conditions
HUD considers housing units to be "standard units" if they comply with local building codes, -------- • 1 hereas---h0t1s-ing units-a-re-e0ns-idered~ t1-bs-t-andard~ f-t-hey--laek-eomplet-e-J)ft.tm-bing or-k-itehe,-n--------- faci lit ies. According to ACS estimates Los Banos has approximately 40 substandard housing units which comprise approximately 0.3 percent of the total occupied units in the city. Of the 40 substandard units, all lack complete kitchen facilities. The percentage of substandard housing units in Los Banos is similar to Merced County and other jurisdictions in the region.
Approximately 44 percent of Los Banos' housing stock was c_pnstructed prior t QJ. _ 990 and is more than 30 years old. These units are potentially in need of repair and modernization improvements.
On average, housing units in Central Los Banos are older compared to the rest of the city. Eighty percent of housing units in Central Los Banos were constructed prior to 1990. In contrast, the northeast portion of East Los Banos has the lowest percentage of housing units constructed prior to 1990, approximately 13 percent. Of the older housing stock, there are a number of housing units that were constructed in the early 1960s at the time the San Luis Dam was about 10 miles west of the city. Housing built during this time was constructed very quickly to accommodate the new workforce in the area. These neighborhoods are throughout the city, concentrated along the 165 and Pacheco Boulevard with slightly more housing located in North Los Banos. Older neighborhoods within the city, particularly in Central Los Banos, also have old utility infrastructure and many of these areas are in need of repair or replacement. The downtown area in Central Los Banos does not have a storm drain system which creates flooding in Downtown during high rain events. In addition, there are some areas of Los Banos that have been annexed from the County that have substandard roads in need of repair including portions of Pioneer Road, Overland Avenue, Nantes Road, Ward Road, Johnson Road. Once annexed, the City requires domestic wells to be abandoned and then connected to City infrastructure.
F5-40
425
City of Los Banos
Affirmatively Furthering Fair Housing (AFFH)
Housing Cost Burden
The rate of cost burden (spending more than 30 percent of household income on housing costs) among Los Banos residents is lower than the rate of cost burden in Merced County and the Northern SJV region. Approximately 29 percent of homeowners in Los Banos are cost burdened and nine percent of renters are cost burdened. In Central Los Banos, the eastern portion of North Los Banos, and the portion of East Los Banos north of San Luis Street and south of B Street, between 40 and 60 percent of homeowners are cost burdened (Figure F5-22). Throughout the rest of the city, between 20 and 40 percent of homeowners are cost burdened. South Los Banos has the lowest percentage of cost burdened homeowners, 26 percent.
Approximately 46 percent of renter households are cost burdened and 22 percent are severely cost burdened in Los Banos. The rate of cost burden among renter households is highest in the portion of North Los Banos located north of Willmott Avenue and B Street (63 to 77 percent percent) and the portion of East Los Banos south of San Luis Street (66 percent) (Figure F5-23). The portion of East Los Banos north of San Luis Street and south of B Street has the lowest percentage of cost burdened renters, 17 percent. Renters in Central Los Banos and the northwestern portion of East Los Banos also have a high percentage of renters that are cost burdened, 45 to 46 percent.
Approximately 36 percent of all households in Los Banos are cost burdened and 15 percent of households are severely cost burdened (Table F5-6). The percentage of households experiencing -------------,cosr bard-en-gene-rally-im:reas-esasi ncome--de-cre,rses-:-Extreme-Iy-tow~ ely'iow=-;-and-lo~ n-com=--------- households experience cost burden at disproportionately high rates compared to moderate and above moderate-income households, for both renter and owner households. Approximately 73 percent of all extremely low-income households are cost burdened, while only 13 percent of moderate and above moderate-income households are cost burdened.
Table FS-6 Cost Burden by Income Category (2015-2019)
h Id b d
Renters Owners Total Household s House o y Tenure, Income, an ------- --------- Housing Problem Total Percent Total Percent Total Percent Extremely low-income (0-30% AMI) 1,050 420 1,470
With any housing problem 785 74.8% 320 76.2% 1,105 75.2% With cost burden >30% 770 73.3% 305 72.6% 1,075 73.1% --- -------· With cost burden >50% 625 59.5% 245 58.3% 870 59.2%
Very low-income (31-50% AMI) 760 590 1,350
With any housing problem 680 89.5% 380 64.4% 1,060 78.5% With cost burden >30% 640 84.2% 375 63.6% 1,015 75.2%
With cost burden >50% 345 45.4% 160 27.1% 505 37.4%
Low-income (51-80% AMI) 795 1,070 1,865
With any housing problem 545 68.6% 565 52.8% 1,110 59.5% - --- - With cost burden >30% 470 59.1% 535 50.0% 1,005 53.9%
With cost burden >50% 60 7.5% 115 10.7% 175 9.4%
Moderate & Above Income (>80% AMI) 2,055 4,040 6,095
With any housing problem 415 20.2% 705 17.5% 1,120 18.4% With cost burden >30% 240 11.7% 550 13.6% 790 13.0% ·----•- ·•·- With cost burden >50% 0 0.0% 30 0.7% 30 0.5% ----- - ----·- 2024-2032 Housing Element F5-41
426
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) h Id b d
Renters Owners Total Households
House o y Tenure, Income, an
Housing Problem Total Percent Total Percent Total Percent Total Households 4,655 6,120 10,775
With any housing problem 2,425 52.1% 1,970 32.2% 4,395 40.8% With cost burden >30% 2,120 45.5% 1,765 28.8% 3,885 36.1% -·- ---··--- -·--· ·- -······-· ·----·-·--··- With cost burden >50% 1,030 22.1% 550 9.0% 1,580 14.7%
Note: Housing Problems: There are four housing problems in the CHAS data: 1) housing unit lacks complete kitchen facilities; 2) housing unit lacks complete plumbing facilities; 3) household is overcrowd ed; and 4) household is cost burdened . A household is said to have a housing problem if they have any 1 or more of these 4 problems.
Cost burden: Monthly housing costs (including utilities) exceeding 30% of monthly income.
Severe cost burden: Monthly housing costs (including utilities) exceeding 50% of monthly income.
Source: U.S. Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability Strategy (CHAS) ACS tabulation, 2015-2019 release
Overcrowding
As discussed in Chapter F3, Housing Needs Assessment, Los Banos has 3,137 large households (households with five or more people), com prising approximately 26 percent of total households, as shown in Table F5-7. This is four percent higher than the county (22 percent) and seven percent higher than the Northern SJV region average (19 percent). A slightly higher percentage of renter househo ds 27 percent) are arge house olds compared to owner house o s (25 percent . - Approximately 10 percent of households in Los Banos are overcrowded (1,254 households) and three percent are severely overcrowded (381 households). Overcrowded housing is highest in the northeastern part of North Los Banos and central part of East Los Banos, between 10 and 15 percent, and lowest in the northern part of East Los Banos, where less than five percent of housing is overcrowded. (Figure F5-24).
Table FS-7 Large Households (City of Los Banos)
Number of Household Percent of Households
Total Occupied Housing Units 12,025 100.0%
Total Large Households (5 or More Persons) 3,137 26.1%
--··-~----·--
5-Person Household 1,796 14.9% ---·------
6-Person Household 670 5.6%
----- --
7-or-More Person Household 671 5.6%
Source: U.S. Census Bureau, American Community Survey 5-Year Data (2017-2021), Table B25009.
F5-42
427
Figure FS-22 Overpayment by Home Owners (City of Los Banos} ' , .,
IC=:JI Los Banos City Boundary
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2024-2032 Housing Element
City of Los Banos
Affirmatively Furthering Fair Housing (AFFH)
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Merced County Multi-Jurisdictional Housing Element (2024-2032) Figure F5-23 Overpayment by Renters (City of Los Banos) ~ ,.,,
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F5-44
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2024-2032 Housing Element
City of Los Banos
Affirmatively Furthering Fair Housing (AFFH)
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FS-45
430
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) Homelessness
According to the Merced City and County Continuum of Care Point-In-Time (PIT) Count, 855 unhoused individuals were recorded in Merced County and its jurisdictions, representing a two percent increase since 2021. The PIT Count reported 125 unhoused individuals in Los Banos in 2022, representing a 26 percent decrease since 2021. 5 Approximately 41 percent were unsheltered and 59 percent were sheltered. Los Banos has 15 percent of the county's unhoused population, which is comparative to the City's share of the total population in the county (16 percent). There are several encampments where unhoused individuals are concentrated in Los Banos, primarily along the rail trail from Place Road to Second Street. There are various individuals living in vehicles or couch surfing that have not been captured in the PIT count.
According to the PIT Count, among the unsheltered persons unhoused population in Los Banos, 25 percent reported having a physical disability and 36 percent reported a mental health problem.
Approximately 46 percent of the unsheltered homeless population in Los Banos reported a substance use problem. The City has observed that mental health disabilities and substance abuse are prevalent among the homeless population.
Compared to the overall population in Los Banos, black/ African American, Native American, and multiple race/other residents are overrepresented for in the unhoused population (Table F5-8). ------ ------t-H·s.panie-AatinQ,W-1:iJte and-As.ia n-Ame.r.iGan/-P--acif~G-IS-lande-r-r:e-sider.it..s-a.r-e- Ynde-1:r:epre..se-1+t-e--d-i-A-the>---------- u n housed population.
Table F5-8 Race/Ethnicity of Unhoused Population and Overall Population (City of Los Banos)
Unsheltered Unhoused Population Total Population
Hispanic/Latino 59.5% 73.2%
Multiple Races/Other 78.4% 2.4%
White 15.7% 18.8%
Black/African American 3.9% 2.0%
Native American/ Alaskan Native 2.0% 0.2%
Asian American/Pacific Islander 0.0% 3.3%
Source: Merced County Continuum of Care. 2022. Homeless Count and Survey Report.; U.S. Census Bureau, American Community Survey 5-Year Data (2007-2011, 2017-2021), Table DPOS. ---------
There are no emergency shelters located in the city. The closest emergency shelters are located in the city of Merced. There are four shelters in the city of Merced: Community Action Agency (60 beds), Merced County Rescue Mission 1 (15 beds), Merced County Rescue Mission 2 (20 beds), and Merced County Human Services Agency (171 beds).
As discussed in Section F5.9, Merced County's Regional Transit System, "The Bus," operates 15 fixed routes throughout the region. In Los Banos, The Bus offers the Los Banos Commuter connecting Los Banos to Dos Palos and Merced with six stops in Los Banos and one just west of Los Banos as the Merced College Los Banos campus. The Bus also offers the Paratransit services and The Micro Bus 5 Merced County Continuum of Care Point-In-Time (PIT) Count. 2022. https://staticl.squarespace.com/static/6149207801c5c134f32b280c/t/625605199113fa3f4be48dbe/1649875108255/Merced+County+C oC+2022+Homeless+Count+and+Survey+Report+
FS-46
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City of Los Banos
Affirmatively Furthering Fair Housing {AFFH)
service. The Los Banos Commuter stops are generally located along Pacheco Boulevard, H Street, and I Street. The Los Banos Community Center and Los Banos Fairgrounds Commuter bus stops are most accessible to the rail trail, mentioned above.
Additional resources for unhoused persons include the Bethel Community Church (I Street), offering food boxes and showers, the Turning Point Community Program (Pacheco Boulevard), offering mental health/transitional housing services and outreach, the Salvation Army (4th Street), offering emergency foods, and the Merced County Rescue Mission, offering bridge homes plus services and information/assistance.
There are two sanctioned encampments in Los Banos located along the Rail Trail in Downtown on publicly-owned property. Unhoused persons generally congregate in the Downtown area where resources are most prevalent. The City was recently awarded an Encampment Resolution Fund Grant to develop SO permanent supportive housing units. The 20 beds at the existing Los Banos Bridge Housing project are typically filled to 100 percent capacity. In March of 2023, the City hired a Housing Manager and Homeless Outreach Coordinator to address affordable housing and the unhoused population.
The City has noted that many of the individuals living in encampments previously lived in Los Banos or have family in Los Banos. The City struggles with a lack of resources to assist the unhoused population as many of the major resources are located in the east county.
The unhoused population in Los Banos is in need of low-income housing and landlords willing to rent to unhoused individuals, as well as more case management workers and street-based services, especially a street team for Behavior Health. Challenges to providing needed services include community opposition and lack of County and local supportive services for the west side of Merced County.
Displacement
The Urban Displacement Project (UDP) designates communities as at risk of displacement if the share of very low-resource residents is greater than 20 percent and have any of the two following characteristics:
■ The share of renters is above 40 percent
■ The share of people of color is above SO percent
■ The share of very low-income households that are severely rent burdened is above the county median
■ The percent change in rent is above the county median for rent increases According to the UDP, throughout the city, low-income residents are at low risk of displacement (when residents must move due to economic pressures) (Figure FS-2S). 6 Home values and rents have increased significantly in Los Banos over the past decade. According to 2012-2016 and 2017- 2021 ACS estimates, home value almost doubled between 2016 and 2021, from $180,400 to$ $344,800 (91 percent increase) and median rent increased from $909 to $1,117 (23 percent increase). In addition, about 36 percent of all households are cost burdened, meaning many households are paying too much for housing. While the UDP rates the city as having a low risk of 6 Urban Displacement Project, 2021. https://www.urbandisplacement.org/maps/ sf-bay-area-gentrification-and-displacement/ 2024-2032 Housing Element F5-47
432
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) displacement, these trends indicate cost burdened and low-income households may be at risk of displacement if the cost of housing continues to rise.
As discussed previously, the City has experienced a significant population increase. Many people moving to Los Banos work and previously lived in the Bay Area. The increase in population has led to rising housing costs that are unaffordable to some existing Los Banos households. The rental market generally has very low vacancy rates which is connected to housing problems. Rental households who may be living in substandard or overcrowded conditions have few other rental opportunities.
The city is not located in a flood plain and does not have any identified environmental hazards that could put residents at risk of displacement.
F5-48
433
Figure FS-25 Estimated Displacement Risk (City of Los Banos) ...... ~
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2024-2032 Housing Element
Disproportionate Housing Needs
City of Los Banos
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5-49
434
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) F5. 1 1 Local Area Knowledge
Historic Patterns of Segregation
The Yokuts, specifically the Kah-watch-wah tribe, were the first inhabitants of the area surrounding what is now known as Los Banos. The Kah-watch-wah village of Katomah was located north of Los Banos. The Yokuts did not farm but were hunter-gatherers whose diet primarily consisted of acorns, berries, roots, deer, small mammals, birds, and fishing. While little is known about the Kah-watchwah tribe and their village, Yokut tribes generally comprised of approximately 300 members and were likely family oriented and patrilineal. 7 The Yokuts were able to live in relative seclusion until the 18th century. 8 Spanish and Mexican settlement and later the Gold Rush led to the decline of the Yokuts. Many Yokuts succumbed to diseases brought by the newcomers and were driven off their lands by gold miners. 9
The City of Los Banos was named by a Spanish missionary, Felipe Arroyo de la Cuesta, in the early 19th century. Felipe Arroyo de la Cuesta discovered pools of water in a creek bed that flowed into the San Joaquin Valley and thus named the area "los banos," of "the baths." In 1847, Henry Miller arrived in the area from Germany, acquired land, and created an irrigation system, introduced cotton and rice farming, and brought railroad to the area. Today, Henry Miller is known as one of - --- --- ~ tb.e_to_w_n.'.s_fo.u.ndecs.....Los_Baoos_wa.s....fo.un.de.d in 1889. ____ _ After World War II, Los Banos began to quickly grow as a result of highway construction, irrigation, and dam projects. By the 1970s, the city's growth began to stagnate, however began to surge again in the 1980s due to the city's proximity to the Bay Area and low housing prices. Los Banos was historically connected to the cities of Fresno and Tracy by a railway line operated by the Union Pacific Railroad Company. The railway primarily transported agricultural produce and goods but was abandoned in the early 1990s. 10
Stakeholder and Community Input
The City held a community workshop on August 31, 2023. During the workshop, participants expressed the desire for housing closer to work and essential services. Some of the major takeaways from this workshop are:
• In looking for housing, residents care about walkability, neighborhood schools, parks, and transportation.
• Housing rehabilitation and repair, a variety of new housing developments, homelessness prevention and housing, and homeownership opportunities are all high priority to the City of Los Banos.
Difficulty buying a home was the most identified housing difficulty in the City of Los Banos. This was followed by difficulty to locate type of housing needed and rent affordability or increases. 7 Javier Powell. 2012. Those Before us: the Yokuts People. https://losbanosenterprise.com/community/history/2023/those-before-us-theyokuts-people/ 8 City of Los Banos. 2009. 2030 General Plan Update. https://losbanos.org/wp-content/uploads/2013/09/plan_gp_entire.pdf 9 Javier Powell. 2012. Those Before us: the Yokuts People. https://losbanosenterprise.com/community/history/2023/those-before-us-theyokuts-people/ 1 ° City of Los Banos. 2009. 2030 General Plan Update. https://losbanos.org/wp-content/uploads/2013/09/plan_gp_entire.pdf F5-50
435
City of Los Banos
Affirmatively Furthering Fair Housing (AFFH)
The City also participated in a series of stakeholder interviews with service providers, residents, and housing developers held between August 8 and 23, 2023. Service providers identified a significant need for more affordable housing all over the county, not just in urban areas, particularly housing near transit, childcare facilities, public spaces, and cooling centers. Stakeholders identified housing issues associated with rental housing in need of maintenance and repair, the difficult application process for rental units, and the need for small rental units, such as studios. Additional housing services needed throughout communities in the county include transitional housing, rental assistance, first time homebuyer assistance, and education on tenants' rights. Residents expressed concern over the high cost of housing, particularly for renters. Housing costs continue to rise, and residents would like to see rent stabilization policies to ensure existing residents are not displaced.
Many rental units are in need of repair and jurisdictions should implement regular code enforcement inspections for rental units while also ensuring that repairs do not result in increased rent costs. More protections for households living in mobile homes are needed, as mobile home renters are often not provided the same protections as other renters. In addition, residents identified a need for more community engagement efforts that allow residents to participate in a meaningful way. This includes more community workshops and translation opportunities during outreach activities.
According to market-rate housing developers, barriers to developing housing include high construction costs, particularly the high cost of permitting fees and the cost and time demanded by tile environment al review and permitting process. Housing evelopers descril:5edthe need for more affordable housing, middle-income housing, smaller units on smaller lots, and more diverse types of housing (accessory dwelling units, duplexes, triplexes, etc.}. However, developers also reported that small units and housing types other than single-family homes are not popular in Merced County and the Central Valley. Jurisdictions could bolster development of diverse housing types through zoning requirements that mandate other types of development besides single-family housing.
An online community survey was available on the Merced County Multi-Jurisdictional Housing Element website in both English and Spanish from May to December 2023. The survey asked participants about housing issues and the types and location of housing development they would like to see in their city. Respondents in Los Banos identified homelessness, availability of desirable housing, and affordability of desired housing as the most urgent housing challenges. According to respondents in Los Banos, the largest barrier to affording desirable housing in the city is the lack of availability of housing that is rent-restricted (affordable housing}, and the cost of quality housing is too high. Housing needs identified by respondents in Los Banos include housing with three or more bedrooms. When asked about their preferences for the location of future housing development, respondents said they would like to see housing in areas near public transit stops, employment, and shopping centers.
Other Relevant Factors
Other factors to fair housing issues in Los Banos that have not been previously discussed in this analysis include language spoken at home and rising housing costs.
Language Spoken at Home
Approximately 54 percent Los Banos residents over the age of five years old speak a language other than English at home and 30 percent of residents speak English less than very well. Of those that speak a language other than English at home, 93 percent speak Spanish (equal to 50 percent of all Los Banos residents}, five percent speak another lndo-European language, and two percent speak 2024-2032 Housing Element FS-51
436
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) an Asian or Pacific Island language. While approximately half of residents speak Spanish at home, the City's website does not provide information in Spanish or any language other than English.
Rising Housing Costs
As discussed in Chapter 2, Regional Housing Needs Assessment, housing costs in Los Banos have increased significantly in recent years. According to Zillow, the average home value in Los Banos in March of 2023 was $438,710. While the average home value decreased two percent from 2022, there was a 15 percent increase from the average home value in March 2021 ($380,159) and a 28 percent increase from the average home value in March 2020 ($343,319).
Rental prices for three-bedroom and four-bedroom units have increased in the past few years as well. The average rent for a three-bedroom unit increased from $1,600 to $2,183 between April of 2020 to April 2023 (increase of 36 percent) and for a four-bedroom unit increased from $2,075 to $2,500 between April of 2020 to April 2023 (increase of 20 percent). Larger households are especially affected by the increase in average rent costs, since they require more rooms to accommodate each household member. As discussed in Overcrowding, Los Banos has a high percentage of large households (26 percent of households).
Community Opposition and Community Engagement
_______ __, l:ie-Cit.y-l-1 [email protected]:ie-oom.r-nunit-y-feic.-aff.er:da-bl@-l-10u-s i ng development. In addition, the City often has difficulty in engaging some populations within the community during community outreach activities as most of the workforce commutes out of town and typically do not want to participate in community outreach or events. This is commonly experienced throughout Merced County.
Land Use Practices
Los Banos is the second largest city in the county and borders the communities of Dos Palos, Gustine, Volta, and Santa Nella. As stated above, after World War II the city began to grow more quickly. A series of irrigation and dam projects in the 1 960s brought farmers in search of arable land. From 1970 to 1985, population growth began to stagnate. The city had reached a point where agriculture was no longer a growth factor. Fortunately, Los Banos is close to major employment centers in the Bay Area. Regional dynamism from 1990 onwards fueled a population boom. Even today, many residents who moved to Los Banos were attracted by its low home prices and proximity to the San Francisco Bay Area.
In the early 1900s, the city's economy traditionally relied on farm products and agricultural services for revenue and jobs. Blessed with a hospitable climate and prime arable land, it was a major producer of milk products, tomatoes, dried fruit, nuts, cotton, melons and beef, as well as a supplier of sand for industry. The arrival of Kagome Foods, California Dairies and Ryan Pereira Company affirmed the city's position as an agriculture center in the Valley. As the city grew, the importance of agriculture declined, consistent with the statewide trend. This increased population and economic activity is changing the face of Los Banos from a small community dependent on agriculture to a mid-sized city with a mix of businesses, retail, and services.
As stated in the Los Banos General Plan, much of the existing land use pattern found in the Planning Area can be traced back to Los Banos' evolution as an agriculture center within the Central Valley.
Downtown is characteristic of an older central business district, incorporating a mixture of retail, public facilities, and older residential neighborhoods. Larger commercial, agriculture and newer FS-52
437
City of Los Banos
Affirmatively Furthering Fair Housing (AFFH)
residential neighborhoods are located further out from Downtown. Some industrial land is located adjacent to SR-152 and H-Street (Old Union Pacific Rail). Parks and schools are distributed throughout residential neighborhoods within the city. single family residential land is the most significant use of incorporated land, occupying roughly 1,675 acres and comprising 31 percent of land within the existing city limits. Multi-family residential is the second most significant residential land use within the incorporated area, comprising 56 acres. While agricultural land comprises 842 acres or 16 percent of the land located within the incorporated area. Government land is another prominent land use within city limits, occupying approximately 1,161 acres or 22 percent of the incorporated land, with the Los Banos Municipal Airport and Wastewater Treatment Plant comprising large portions of this land. The Los Banos Zoning Map is shown in Figure FS-26.
As discussed in Section FS-6, above, the Central Los Banos area is considered an area of high segregation and poverty. While most of the city is zoned mostly for single-family residential uses, including Central Los Banos, this neighborhood has a higher concentration of higher density residential and mixed-use zoned areas. These housing types are typically more affordable to lowerincome households compared to for-sale single-family homes. 2024-2032 Housing Element F5-53
438
Merced County Association of Governments
Merced County Mutti-Jurisdictional Housing Element (2024-2032) Figure F5-26 City of Los Banos Zoning Map
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City of Los Banos
Affirmatively Furthering Fair Housing (AFFH)
Subsidized housing units and public housing units in Los Banos are concentrated in Central Los Banos (175 affordable units) and East Los Banos (332 affordable units). There are no subsidized or public housing units in North or South Los Banos.
As of 2022, the Housing Authority of the County of Merced (HACM) administers 2,909 Housing Choice Vouchers (HCVs) throughout Merced County. According to the AFFH Data Viewer, 91 households receive HCVs in Los Banos. The geography used by the HUD to measure HCV program participants includes areas in the unincorporated county. However, the majority of housing units are located within the city of Los Banos, and it can be assumed that the majority of HCV recipients live within Los Banos as well. Throughout the city, less than five percent of renter households are using HCVs (Figure FS-27). The City has observed that HCV recipients often have difficulty obtaining housing due to a lack of available affordable units.
Affordable housing units, including subsidized housing units, tend to be concentrated in multi-family zoned areas adjacent to the hospital. These patterns are mostly attributed to land availability and zoning practices.
2024-2032 Housing Element F5-55
440
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) Figure F5-27 Housing Choice Vouchers
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City of Los Banos
Affirmatively Furthering Fair Housing (AFFH)
F5.13 Housing Site Inventory Analysis
This portion of the AFFH analyzes the relation between the housing opportunity sites and AFFHrelated issues. Government Code Section 65583(c)(10) requires the housing opportunity sites to be analyzed with respect to AFFH to ensure that sites designated for low-income households are dispersed equitably throughout the city rather than concentrated in areas of high segregation and poverty or low-resource areas that have historically been underserved, and conversely, that sites designated for above moderate-income households are not concentrated in areas of high-resources.
By comparing the sites inventory to the fair housing indicators in this assessment, this section analyzes whether the sites included in the Housing Element Site Inventory improve or exacerbate fair housing conditions, patterns of segregation, and access to opportunity.
Housing Sites by TCAC Opportunity Area
For purposes of evaluating fair housing, resource levels designated by TCAC/HCD denote access to economic and educational opportunities such as low-cost transportation, jobs, and high-quality schools and the quality of environmental factors in the area such as proximity to hazards and air quality. TCAC has a composite opportunity score for each census tract. Los Banos has a mix of resource areas with most areas consisting of moderate resource areas. Central Los Banos is an area --of high segrega 10n and poverty, North Los Banos 1s a low resource area, while-5ou tn Los Banos is a high resource area. East Los Banos is a moderate resource area.
The City's Site Inventory can accommodate 2,805 housing units. Figure F5-28 shows the housing opportunity sites by TCAC designated resource area. The housing opportunity sites are designated by low-, moderate-, or above moderate-income category. The "appropriateness" of sites for various affordability levels is dictated by State housing element law and l=ICD guidance and includes allowable density, size of site, realistic capacity, existing use(s), and other factors. More information about the sites and income designations is available in Chapter F6, Housing Resources.
Most of the housing opportunity sites are in moderate resource areas (77 percent of the proposed housing units) and high resource areas (18 percent of the proposed housing units), primarily in East and South Los Banos, in part due to the availability of large vacant and underutilized parcels in these neighborhoods.
A small portion of the City's RHNA will be satisfied by planned and approved projects (658 of the total required 3,132 units). To understand the overall picture of housing development during the eight-year planning period, this analysis considers those units. Of the nine planned and approved projects, two projects are in areas of high segregation and poverty (75 units), four projects are located in moderate resource areas (304 units), and three projects are located in high resource areas (279 units). None of the planned and approved projects are located in low resource areas.
Total Units by Resource Area
There are 202 units planned in areas of high segregation and poverty: 75 percent of those units (151 units) will be lower-income units, 24 percent (49 units) will be moderate-income units; and one percent will be above moderate-income units (2 units). In contrast, 2,603 units are planned in areas designated moderate and high resource: 45 percent of those units (1,162 units) will be lowerincome units, 19 percent (503 units) will be moderate-income units, and 36 percent (938 units) will be above moderate-income units.
2024-2032 Housing Element FS-57
442
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) Table FS-9 shows the number of proposed housing units by income level in each resource area.
Table FS-9 Proposed Housing Units by Resource Area
Above
Income Level Lower-Income Moderate-Income Moderate-Income Total Units Areas of High Segregation 151 units 49 units 2 units 202 units and Poverty (11% of lower- (9% of moderate- (<1% of above (7% of total units) income units) income units) moderate-income
units)
Low Resource Areas 0 units 0 units 0 units 0 units
(0% of lower- (0% of moderate- (0% of above (0% of total units) income units) income units) moderate-income
units)
Moderate Resource Areas 1,024 units 444 units 644 units 2,112 units (77% of lower- (80% of (68% of above (75% of total
income units) moderate- moderate-income units)
income units) units)
High/Highest Resource 138 units 59 units 294 units 491 units Areas (11% of lower- (11% of (31% of above ( 18% of tot a I income units) moderate- moderate-income units)
income units)
The housing opportunity sites, will add a higher percentage of lower-income units in moderateresource areas (77 percent of total lower-income units) and high-resource areas (11 percent of total lower-income units) than in areas of high segregation and poverty {11 percent of total lower-income units). A total of 202 housing units (seven percent of total housing units from housing opportunity sites) are proposed in areas of high segregation and poverty. The remaining housing units (93 percent) are proposed in moderate- and high-resource areas. Therefore, overall housing development during the planning period will not increase patterns of segregation and will increase integration by household income in terms of access to opportunity.
FS-58
443
City of Los Banos
Affirmatively Furthering Fair Housing (AFFH)
Figure FS-28 Housing Opportunity Sites by TCAC Resource Area, Los Banos IL.JI City Boundary
~ : :1 Neighborhoods
LJ Site Inventory
COG Geography TCAC/HCD
Opportunity Map -
Composite Score (HCD,
2023) - Tract
- High Resource
Moderate Resource
Low Resource
[7 High Segregation &
Poverty
Imagery provided by Esri and its ficensors @ 2025
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ACS 2011-2015 and 2017-2021, HCD, PlaceWorks, HUD Region 9. American Community Survey, UC Berkley Urban Displacement Project, TCAC 2022, Ca/EnV,roScreen 4.0, 2021, CAL FIRE, OEHHA, FEMA.
Source: AFFH Data Viewer, 2025
2024-2032 Housing Element
42. ~
I
9 (46,
1,650 3,300 N
Feet A
FS-59
444
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) Sites by Income Population
Housing opportunity sites are proposed in one census tract with more than 50 percent low- and moderate-income (LMI) households located in Central Los Banos. Figure FS-29 shows the housing opportunity sites by percentage of LMI populations. Approximately seven percent of the total housing units included in the opportunity sites are located in census tracts with more than 50 percent LMI households: 12 percent of the total lower-income units (151 units), nine percent of the total moderate-income units (49 units), and less than one percent of the total above moderateincome units (2 units). The remaining 93 percent of housing units proposed by opportunity sites will be accommodated in areas with less than 50 percent LMI households, including 88 percent of the total lower-income units (1,162 lower-income units). The Site Inventory will improve the mixture of housing opportunities by income level in the city by adding additional lower-income housing units throughout the city and additional above moderate-income housing units in areas with a concentration of LMI households. The Site Inventory will not exacerbate segregation by income between neighborhoods. Program 9, Housing Preservation and Rehabilitation, focuses on the need for housing preservation and housing issues for residents, Program 10, Lower-Income and Special Needs Housing, directs the City to collaborate with other agencies to assist in the development of housing for lower-income residents with an emphasis on Central Los Banos, and Program 13, Water and Sewer Services, prioritizes the need for public infrastructure improvements specifically water - ancl---s-ewer-services.
Sites by Overcrowded Households
Overcrowding is highest in parts of East and North Los Banos, where rates of overcrowding reach up to approximately 10 percent of households in some areas. East and North Los Banos primarily consist of low-density residential land uses, with some multi-family, commercial, and industrial land uses in East Los Banos. The Site Inventory assumes that sites in East and North Los Banos could accommodate 2,124 housing units, of which 1,024 would be lower-income, equal to approximately 75 percent of the total housing units included in the Site Inventory and 77 percent of the total lower-income sites. The remaining 714 housing units could be accommodated in Central and South Los Banos, which have slightly lower levels of overcrowding. The Site Inventory will not exacerbate overcrowding conditions but will add new housing opportunities in areas that need them.
Sites by Overpayment by Renters
The percentage of overpayment by renters is high throughout Los Banos, and highest in parts of East, North, and South Lost Banos, where up to 66 percent of renters are experiencing overpayment. Figure FS-31 shows housing opportunity sites by overpayment by renters. The housing opportunity sites will provide housing for a mix of income levels in East, North and South Los Banos, including 1,162 units appropriate for lower-income households, 503 units appropriate for moderate-income households, and 938 units appropriate for above moderate-income households.