Agenda packet — Los Banos City Council, November 19, 2025 (part 2 of 2)

139
ITEM 8A
this proposed ordinance was conducted November 5, 2025, since that meeting no new comments were received.

Discussion:

The California Building Standards Commission adoption of the 2025 Code comes after a comprehensive multi-state agency and stakeholder update of the 2022 Fire Code.

The objective is to produce a practical standard 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.

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:
cY---(l
Nirorn Than City Manager
Attachments:

1. Ordinance

2. Attachment "A" the amended version of Los Banos Municipal Code Title 4, Public Safety.

Page 2 ends

140
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 ( 11City11 ) 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 141
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 NFP A 1710 & 1 720.

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 ohhis 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.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.

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. 144
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 prov1s10n 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.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, 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 145
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 NFPA 13D system, all pendent sprinkler heads within the living areas will be Concealed pendent sprinklers, flat plate 4.9 K-factor heads.
i) When residential units require the installation of a 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 NFP A 130 ANNEX A recommendations.
1) When residential units require the installation of a NFP A 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. 146

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 PORT ABLE 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 ofluminaries that 147
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 148
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 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. 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 150
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 anon-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 151
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. Pennits 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. 153
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 pennit 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 pennit of any holder of a permit which violates any rule, regulation or ordinance while operating or preparing to operate fireworks stand during or i1mnediately 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.

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 155
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 ex1stmg 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:

AYES: 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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~ 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:

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 NFP A 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:

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 l 04. l 0.1. 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:1
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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 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 ofless 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 ofless 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 NFPA 13D system, the systems water supply will be configured in accordance with the City of Los Banos Improvement Standards. ( e) When residential units require the installation of a NFP A 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 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 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.

G) 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 NFP A 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 NFP A 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.

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 frre 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: IO-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 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 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 NFP A 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 tesVreset 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. l. l 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.

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.

CALIFORNIA FIRE CODE AMENDMENTS
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 rrre 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:

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 tem1s and conditions of the permit.

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.

LOS BANOS CODE
(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 pennit 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.

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.

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 ftre 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 ftreworks importer/distributors is not allowed in the city.

M. The ftreworks 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 ftreworks 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 ofJuly.

C. It shall be unlawful to sell fireworks to persons under the age of 18 years old.

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 shaJJ 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.

CALIFORNIA FIRE CODE AMENDMENTS
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.

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.

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. 4-F:ll
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LOS BANOS CODE
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.

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
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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CALIFORNIA FIRE CODE AMENDMENTS
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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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 Wildland-Urban Interface
Added a new section providing reference to the newly adopted California Wild land- 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.
173
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. 174
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 I FC. Matched the same modifications made to Section 907.2.12 in the California Building Code, Part 2 of Title 24.
175
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 Wildland-Urban Interface (WUI} Fire Areas
Added a "User Note" to direct code users to the new California Wildland176 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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TO:

FROM:

DATE:

LOs Banos
At tht Crossroads of Cal(fornia
Agenda Staff Report
Mayor and City Council
Mike Brinkman, contract Building Official
Paul Tualla, Fire Chief P7
November 19, 2025
TYPE OF REPORT: Public Hearing, Agenda Item
SUBJECT: Second Reading and Adoption of Ordinance 1212 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 take the following action:

1. Waive the second reading and adopt Ordinance 1212, Amending Title 8 Building Regulations of the Los Banos Municipal Code and Adopting by Reference the California Code of Regulations Titre 24, 2025 Edition of the California Buildings Standards Code.

Background:

On November 05, 2025, the City Council conducted a public hearing to receive public comment on this Ordinance, the council received no public comment. The Council waived the first readings and introduced the Ordinance by title.

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.

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179
ITEM 8B
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.

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:

Nirorn Than City Manager oreno, Finance Director

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180
Attachments:

1. Ordinance

2. Attachment "A" the amended version of Los Banos Municipal Code Title 8, Building Regulations.

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ORDINANCE NO.

AN ORDINANCE OF THKCITY 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 183
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.

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.

Section 4. Section 8-1.06 of Title 8, Chapter 1 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.

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.

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.

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.

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.

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.

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.

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.

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.

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 188
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
189
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.
(Reser¥ed) Adoption of the California Wild/and-Urban Interface Code 2025 Edition. (Reserved)
(Reserved)
(Reserved)

LOS BANOS CODE
190
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~ 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 ;wu. 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, ooa Chapter K - Central Valley Flood Protection Plan, Chapter N - Replicable Buildings. Chapter O-Per{ormance-BasedAppllcaJion, Chapter P · Emergen.ey Housing Sleeping Lofts, and Chapter O - 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.
(§ 1, Ord. 1065, eff. February 1, 2008, as amended by§ 1, Ord. 1098, eff. August 20, 2011, § l,Ord. 1116, eff. March 19, 2014, § 1, Ord. 1150, eff. December 16, 2016, § 1, Ord. 1179, eff. Februaryl5, 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, 191
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 ofall 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, § 4,0rd. 1116, eff. March 19, 2014, § 4, Ord. 1150, eff. December 16, 2016, § 4, Ord. 1179, eff. February15, 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 ofRegulations ), 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, § 5,0rd. 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)
192
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 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.
(§ 1, 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
193
City of Los Banos, CA
§ 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, 194
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 ±9U 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. (Reser¥ed) Adoption o[the California Wildland-Urban Interface Code 2025 Edition.

For the purpose ofprescribing 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 Citv, that certain Code designated as the "California Wildland-Urban Interface Code, 2025 Edition (Part 7 of Title 24 ofthe 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 Citv Clerk for public record and inspection, is hereb11 adopted b•' reference and made a part of this chapter as though set forth in this chapter in full, subiect, 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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TO:

FROM:

DATE:

LOsBanos
I tJ1 I I I( "' ,l,f )I Ill I
Agenda Staff Report
Mayor Amabile and City Council Members
Stacy Souza Elms, Community and Economic Development Director ~ November 19, 2025
TYPE OF REPORT: Agenda Item
SUBJECT: Consider a Zoning Ordinance Amendment to Add Article 49 to Chapter 3, Regional Housing Needs Assessment Overlay District, to Title 9 of the Los Banos Municipal Code
Recommendation:

That the City Council take the following action:

1. Waive the second reading and adopt Ordinance No. 1213 amending Title 9 of the Los Banos Municipal Cde to add Article 49 to Chapter 3, establishing a Regional Housing Needs Assessment (RH NA) Overlay District to facilitate implementation of the Housing Element.

Background:

At the City Council meeting of November 5, 2025, the City Council held a public hearing to consider the adoption of the 2024-2032 Housing Element and related Zoning Ordinance Amendment establishing a Regional Housing Needs Assessment (RHNA) Overlay District. At that meeting, the City Council:

1. Adopted a resolution approving General Plan Amendment #2025-03, adopting the City of Los Banos 2024-2032 Housing Element in compliance with State law; and 1 197
ITEM 9

2. Introduced and waived the first reading of Ordinance No. 1213, amending Title 9 of the Los Banos Municipal Code to add Article 49 to Chapter 3.

This second and final reading will complete the adoption process for Ordinance No. 1213.

Discussion:

The purpose of Ordinance No. 1213 is to implement the 2024-2032 Housing Element by establishing 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.

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. 2 198
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 Aqriculture 123 Place Rd 424010006 19.45 Medium Density R-2 Agriculture 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 Hiqh 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
Henrv 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 High Density R-3 Vacant 115 Total 126.87 1,405
No changes have been made to the ordinance since its introduction and first reading on November 5, 2025.

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.

Reviewed by:

Soknirorn Than, City Manager
Attachments:

1. Ordinance No. 1213
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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS BANOS, ADDING ARTICLE 49 TO TITLE 9, CHAPTER 3 OF THE LOS BANOS MUNICIPAL CODE -

REGIONAL HOUSING NEEDS ASSESSMENT OVERLAY DISTRICT
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); 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, on October 22, 2025 the Planning Commission conducted a duly and properly noticed public hearing regarding the proposed Housing Element, reviewed the Housing Element and all pertinent maps, documents and exhibits, including HCD's findings, the City's response to HCD's findings, the staff report, and all attachments, and oral and written public comments and recommended approval of the Housing Element to the City Council; and WHEREAS, on November 5, 2025, the City Council adopted the City's 6th Cycle Housing Element 2024-2032 for the eight-year period in compliance with State law; and WHEREAS , the adopted Housing Element includes Goals, Policies, and Programs that identifies goals, policies, and programs the City of Los Banos is responsible for enabling the production of housing by reducing regulatory barriers, providing incentives, and supporting programs that create or preserve housing, especially for vulnerable populations; and WHEREAS, Program 3: By-Right Approval for 4th and 5th cycle reused sites directs the City to allow development by-right pursuant to Government Code Section 65583.2(c) when 20% or more of the residential units are affordable to low and very-low income households for sites identified on previous Housing Element sites inventories; and WHEREAS , to comply with this Government Code Section, the City is establishing by Ordinance the Regional Housing Needs Assessment Overlay District covering those 4th and 5th cycle reused sites to allow development by-right when 20 % or more of the residential units are affordable to lower income households; and
WHEREAS, the Planning Commission, at a properly noticed public hearing on October 22, 2025 carefully considered all of the information presented to it, including the staff report and information submitted at the public hearing by interested persons, and adopted Resolution No. 2025-29 a resolution recommending that the City Council adopt an ordinance establishing the Regional Housing Needs Assessment Overlay District; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS BANOS ORDAINS AS FOLLOWS:
201
SECTION 1. Article 49, Regional Housing Needs Assessment Overlay District, shall be added to Title 9, Chapter 3, of the Los Banos Municipal Code as follows:

Article 49. Regional Housing Needs Assessment Overlay District Sec. 9-3.4901 Purpose.

The general purpose of this Article is to facilitate the development of affordable housing while promoting infill development on sites previously identified on housing inventories in the City's 4th and 5th Housing Element Cycles. Only those projects that have 20%) of the total number of units deed restricted for low- and very-low income units, and does not include a subdivision are eligible for by-right development in this Overlay District.

Sec. 9-3.4902 Applicability.

The Regional Housing Needs Assessment Overlay District is applicable to those sites identified in the table below. These sites are the reused sites in the 4th and 5th Housing Element Cycles. These sites are identified in Table F6-13 of the 6th Cycle Housing Element.

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 Asuiculture 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
Henrv 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 Hil?h Density R-3 Vacant 115 Total 126.87 1,405
Section 9-3.4903 By-Right Development.

The City shall implement by-right development for the sites identified in Section 9-3.4902 when a developer builds a project with at least 20% affordable units deed restricted for low- and very-low income units and no subdivision is proposed. Pursuant to Government Code Section 65583.2(c), by right development means the following are not required for development:

1. Conditional Use Permit;

2. Planned Unit Development Permit·

3. Design Review other than Objective Development Design Standards; or

4. Other discretionary, review or approval that would constitute a "project" as defined in Section 2100 of the Public Resources Code ( California Environmental Quality Act "CEQA").
202
Section 9-3.4904 Review of Application.

A. For ministerial plan permit applications listed in this section, Community and Economic Development Director, or designee, without notice or hearing, shall consider the application ministerially without discretionary review. When the application is in compliance with the relevant standards, the permit shall be issued. The decision may be appealed to planning commission only by the applicant or the owner of the subject property.

B. The application for the ministerial plan permit shall be reviewed for conformance with objective standards established by the General Plan, applicable Specific Plans, Zoning Code, design standards, and other- adopted standards.

C. As provided by Government Code Section 65583.2(i), an eligible project is exempt from the California Environmental Quality Act.

D. Permanent supportive housing shall be reviewed consistent with the provisions of Government Code Sections 65650 et seq.

Low barrier navigation centers shall be reviewed consistent with the prov1s10ns of Government Code Sections 65650 et seq.

Section 9-3.4905 Required Findings.

In granting a ministerial plan permit, the Community and Economic Development Director, or designee, shall issue a letter of approval and shall make the following findings:

1. That the project is eligible for by-right approval under state law.

2. That the project complies with all applicable objective zoning and other adopted standards, including but not limited to design review standards.

3. That the project is granted subject to such applicable conditions as required to meet the standards of the use and zone in which it is located and to comply with applicable design standards.

Section 9-3.4906 Interpretation.

If any portion of this Article conflicts with any applicable state law, state law shall supersede this Article. Any ambiguities in this Article shall be interpreted to be consistent with state law. Statutory references in this ordinance include successor provisions.

SECTION 2. 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 respect to the subject matter thereof and such inconsistent or conflicting provisions of prior ordinances, motions, resolutions, rules or regulations are hereby repealed. 203
SECTION 3. 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 4. The proposed amendments to the Los Banos Municipal Code do not propose any changes to City policies or regulations that would result in a direct or indirect physical environmental impact; therefore it has been determined that this ordinance amendment is covered by the general rule that the California Environmental Quality Act applies only to projects which have the potential for causing a significant effect on the environment pursuant to CEQA guidelines section 15601(b)(3) and is not subject to environmental review.

SECTION 5. 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:

AYES: Council Members
NOES:

ABSENT:

APPROVED:

Michael Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
204
TO:

FROM:

DATE:

LOsBanos
l tht ( 10 . J • ,d of alifarni ,
Agenda Staff Report
Mayor & City Council Members
Soknirorn Than, City Manager~
November 19, 2025
TYPE OF REPORT: Agenda Item
SUBJECT: Policy Priority and Appointment of Delegate to Attend the 2026 MCAG One Voice Program
Recommendation:

Staff recommends that the City Council delegate one or two members of the council to represent the City for the 2026 MCAG One Voice Program and select policy priorities for this year's program.

Background:

The next Merced County Association of Governments (MCAG) One Voice Washington DC Program has been scheduled for May 12-14, 2026. The One Voice Program is a County-wide lobbying mission for grants, federal funding, and new or amended legislation. The City has participated annually, along with the other cities in Merced County. The trip includes numerous meetings with legislators and federal agencies to discuss issues of regional importance to the County.

Discussion:

MCAG has reached out to participating agencies to advise that due to feedback from past delegations, the planning process of the trip will start earlier, in October, 2025.

Below is a draft calendar for this year's program:
205
ITEM 10
• November 2025: Jurisdictions conduct internal decision making on 2026 priorities.
• December 1, 2025: Deadline for submission of 2026 policy priorities and delegate agreements.
• December 11, 2025: Orientation for new One Voice delegates (held via Zoom) • January 8, 2026: Delegation meeting - review jurisdictions' proposed regional policy/project priorities, review federal policy opportunities including community project funding process (held via Zoom)
• January 29, 2026: Delegation meeting - finalize regional policy/project priorities and learn about jurisdictions' local community project funding request submissions (held via Zoom)
• February 5, 2026: Delegation meeting (if needed) - finalize regional policy/project priorities (held via Zoom)
• February 27, 2026: Deadline for jurisdictions to submit delegate fee(s) and all necessary data and photos for the finalization of the 2026 leave-behind document.
• March 19, 2026: Governing Board takes action to adopt Policy Platform. • April 2, 2026: Delegation meeting - receive updates from Washington D.C. and prepare for meetings with policymakers (in-person meeting) • April 23, 2026: Strike Team meetings - Strike Teams will meet separately to prepare for meetings with policymakers (in-person meeting) • May 7, 2026: Delegation meeting - large group session to prepare for meetings with policymakers (in-person meeting)
• May 12, 2026: Delegation practice session and briefing in Washington D.C. (in-person)
• May 13-14, 2026: One Voice meetings with policymakers in Washington D.C. (in-person)
• May 21, 2026: Delegation debrief meeting, location TBD This administrative item is intended to request for Council to delegate one or two members of the council to represent the City for this year's trip along with the City Manager. The costs for two attendees are budgeted for in the FY 2025-26 operating budget.

Secondly, staff would like to request City Council to select two or three policies and priorities below:

A. Water Infrastructure Funding (SRF Funding for water treatment - Cr-6 and water distribution system)
B. Public Safety Capital Improvements (Fire Station and Emergency Operations Center)
C. Pioneer Complete Street Project
D. Los Banos Landfill Closure
These priorities were considered in previous years and still remain unfunded at this time. Exhibit A is the 2025 One Voice Program for reference. It is worth noting that the 206
2026 One-Voice Program, if successful, would secure earmark fund and/or policy changes for fiscal year 2027.

Per MCAG, the 2026 Policy Platform will continue to focus on the 2-4 regional priorities as identified by the delegates and adopted by the Governing Board. Once adopted, the platform will serve as the foundational guide for building the program. Delegation meetings will resume following the MCAG Board adoption in March.

Fiscal Impact:

There are sufficient funds budgeted in FY2025-2026 to support the expenditure for two delegates. However, if Council would like to nominate a third delegate for this trip, staff can present a budget amendment at Mid-year to accommodate this trip.

Reviewed by:

Soknirorn Than, City Manager
Attachments:

A) Exhibit A- 2025 - One-Voice Program
M 1nervareno, ,,ild0=-d' D t inance 1rec or
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Bi,ilding STRONG CONNECTIONS
a11d STRONG COMMUNITIES
ADVANC
IVCl!Gl!D
MERCED COUNTY ASSOCIATION OF GOVERNMENTS 1!5
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ATWATER I DOS PALOS I GUSTINE I LOS BANOS I LIVINGSTON I MERCED I MERCED COUNlY 209
2 B UILDI.NG STRONG CONNECTIONS
.AND STRONG COMMUNITIES
THE MERCED COU.NTYREGION
Located in the rural San Joaquin Valley of
central California, Merced County is home to
a diverse population of 297,000 people and
is situated in the world's most productive
agricultural area . Nine of the nation's top
ten agricultural-producing counties are in
California, with seven, including Merced
County, located in the San Joaquin Valley. Like
every rural community across the country,
Merced County has its own unique geography
and demographics, contributing to unique
challenges.

The Merced County Association of
Governments (MCAG) is an association of city
and county governments working together
to address regional issues and opportunities.

MCAG's annual One Voice trip to Washington
D.C. provides an opportunity for a delegation
of local public representatives to meet with
federal legislators and officials to advocate for
legislative solutions and funding for programs
and projects of regional significance.

This year, these priorities include advancing:
@ REGIONAL TRANSPORTATION

CONNECTIVITY
@ PUBLIC SAFETY
@ lVATER INFR.A.STRUCTURE

MERCED COUNTY ASSOCIATION OF GOVER NMENTS
c-: ~ =I!,•::~ =I
369 W 18TH ST, MERCED, CA 95340
(209) 723-3153 I MCAGOV.ORG
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@MCAGMERCED
210
IVClrG
l'.ERCED COUNTY ASSOCIATION OF GOVERN tm as
One roice Delegati,,n
.tferced Co1u1ty
Supervisor Jim Pacheco, Supervisor
[email protected]
Raul Mendez, Chief Executive Officer
[email protected]
Nathan Bray, Public Works Director
[email protected]
City qf.llt11.,,r1ler
Mayor Mike Nelson
[email protected]
Councilmember John Cale
[email protected]
Chris Hoem, City Manager
[email protected]
City 0J·r;.,u;ti11e
Mayor Pat Nagy
[email protected]
Soknirorn Than, City Manager
[email protected]
(}itg qf Dos Prtlos
Councilmember Marcus Porter
[email protected]
Dewayne Jones, City Manager
[email protected]
City oj'Livi11gston
Councilmember Japjeet Singh Uppal
[email protected]
City qf L;OS l~llllO,Y
Mayor Pro Tempore Deborah Lewis
[email protected]
Councilmember Marcus Chavez
[email protected]
(/ilg qfMerced
Mayor Matt Serratto
[email protected]
Councilmember Shane Smith
[email protected]
Jennifer Flachman, Public Information Officer
[email protected]
.Merced Cou11tg
.llssocintio11 of
Go1,,er1inu~nf;s
Stacie Guzman, Executive Director
[email protected]
Nav Bagri, Deputy Executive Director
nav [email protected]
Mary-Michal Rawling, Public Affairs Manager
[email protected]
Serenity Anderson, Transit Director
[email protected]
To11J11se11d _IJ11blic .llffhir.,
Ben Goldeen
[email protected]
:-J
211
4 M ERC!:D COUNTY ASSOCIATION OF GOVERNMENTS I ONE VO I CE I l.luildi11g STRONG CONNECTIONS n Jld STRONG COMMUNITIES Strong communities start with strong, connected transportation infrastructure. In Merced County, we move a significant quantity of agricultural products from our farms to international markets. Therefore, we support the inclusion of a Farm to Market Program in either the Farm Bill or surface transportation legislation to improve the quality of rural roads and connect them to markets around the nation and the world.

The most recent USDA report states that Merced County's agricultural commodities generate over $4 billion per year. Top products sold include milk, almonds, poultry, cattle, sweet potatoes, corn, tomatoes, and vegetables. The region has several critical goods movement corridors (most notably 1-5 and SR-99) that carry the highest volumes of trucks within the San Joaquin Valley. However, there are also many corridors and local roads that, though carrying smaller total volumes of trucks, are still vital to the region's goods movement. While some farms experience higher seasonal traffic some, like dairies, must transport their products off site every day, causing significant strain on frequently traveled roadways, reducing the pavement's lifespan. A roadway carrying 500 of these trucks a day is comparable to 5 million car trips per day. And by 2040, many of the region's main truck routes are projected to carry demand that exceeds their capacity- and to operate in a congested manner, despite programmed improvements. It is crucial that all of these corridors are maintained at a level where the safe, efficient movement of goods is possible.

We also support reauthorization of, and increased funding for, the BUILD and INFRA programs in order to enhance critical goods movement corridors such as the Atwater-Merced Expressway and State Route 59.

The Atwater-Merced Expressway
(AME) provides a direct connection
between State Route 99, Castle
Commerce Center, and the
University of California, Merced.

Completion of this multi-phase
expressway will lead to future
economic development of Castle
Commerce Center, North Atwater
and North Merced. Additionally,
completion of the AME will
reduce the vehicle trips through
the communities on local surface
streets for students, faculty and
visitors traveling to UC Merced.

Phase lA was completed in 2016,
costing $66 million, including $19
million from MCAG impact fees
and regional transportation funds
and $47 million from California's
2006 bond. Construction of Phase
18 and 2A will extend the AME
to Bellevue Road. The County
has secured approximately $82
million comprised of County sales
tax Measure V funds and State
Transportation Improvement
Program funds for the next phase(s).

This project is finalizing CEQA/NEPA
clearance and if additional funding
is obtained in the amount of $17
million, the project will extend to
Bellevue Road and complete the last
remaining link.

I
I
2•lanes
Atw111er-Merce<2 expres$way
LEGEND
,,,......_,, Phaset
,-..._,,,. F't1Bse2
,-..._, Phase3
City of
Merced
212
MERCED COUNTY ASSOCIATION OF GOVERNMENTS I ONE VOICE I .B11ildi11g STRONG CONNECTIONS mu/STRONG COMMUNITIES State Route 59 (SR 59) is a vital thoroughfare within Merced County for residents, and is a crucial truck route for local businesses which transport a number of agricultural goods to market. The City of Merced requires a strategic expansion of this highway - which is designated a Federal Aid Secondary Route on the California Freeway and Express System - from a two-lane configuration to a four-lane thoroughfare. Central to this work is the comprehensive replacement and enlargement of the bridge over Black Rascal Creek. The bridge is functionally obsolete and does not meet modern standards. Caltrans lists this stretch of roadway as exhibiting accident rates higher than similar state highways. The widening project will better connect communities through improved traffic flow and allow safe access for larger passenger and industrial vehicles. The community stands to gain significantly from this endeavor through reduced congestion, enhanced travel reliability, shorter commute times, improved freight logistics, lower emissions, decreased fuel consumption, and heightened productivity and economic growth.

Our smaller communities and rural
areas also struggle to connect their
residents together and would benefit
tremendously from a rural setaside for the Bridge Improvement Program and other bridge funding
programs. For example, many small
bridges in the City of Dos Palos, such
as the Center Avenue and Golden
Gate Avenue bridges, were built
in the 1970s and are dilapidated to
the point of needing to be replaced
entirely. These projects cost $3
million each but are essential to Golden Gate Bridge in Dos Palos, CA providing a connecting path from
residential areas to the downtown
core.

In the unincorporated areas of
Merced County, a number of
bridges in rural areas have fallen
into a state of disrepair due to age
and exposure to the elements,
with some becoming unsafe for the
public to use. A dependable and
robust source of funding for this
type of infrastructure is vital for rural
Californians.

Fresno Rd. over South Fork Deadman Creek in Merced County Regional Transportation Connectivity continued on next page ► •> 213
(:i
MERCED COUNTY ASSOCIATION OF GOVERNMENTS I ONE VOICE I IJ11ildi11gSTRONG CONNECTIONSm,,/STRONG COMMUNITIES The Merced County region also believes in connecting its communities and residents through alternative modes
of transportation. As such, we support the continued
federal investment in passenger rail systems and funding programs, including the Consolidated Rail Infrastructure and Safety Improvements program (CRISI), FederalState Partnership for Intercity Passenger Rail grant program, and the California High-Speed Rail project.

The city of Merced is poised to become the hub for the
statewide passenger rail system as three major services will converge there : Amtrak San Joaquins, Altamont
Corridor Express (ACE), and California's High-Speed Rail service. By connecting in Merced, these three services will work together as one comprehensive system, providing
cross platform connections to destinations throughout
the San Joaquin Valley, the Bay Area, the Sacramento
Valley and, in the future, to Antelope Valley, the Inland Empire, and Greater Los Angeles area.

In the long term, the San Joaquins and ACE will terminate at the new Merced Station being constructed to serve
high speed rail. To allow this, the Merced lntermodal
Track Connector (MITC) will provide an aerial connection between the new station downtown and the BNSF Railway.

The San Joaquins will also have access to ACE right-of-way in order to provide service to new stations in the South Bay Area.

The Altamont Corridor Express (ACE) Ceres-Merced
Extension (Project) would support the extension of ACE
service from the City of Ceres to the City of Merced. This includes potential stations in both the Cities of Atwater and/or Livingston. Funding for these projects is needed to cover construction of a platform, parking upgrades, and other amenities.

In order to accommodate this transformational,
multimodal rail station, communities such as the City of Merced need help from federal partners to relocate and
replace community centers that provide vital resources
for residents. These facilities are central to fostering community engagement and delivering essential
services to those in need. In addition to their year-round functions, the centers serve as critical infrastructure during emergencies, acting as logistics hubs for disaster response, cooling and warming centers during extreme
weather, and emergency shelters for displaced residents. 214
MERCED COUNTY ASSOCIATION OF GOVERNMENTS I ONE VOICE I IJ11ildil1gSTR0NG CONNECTIONS mu/STRONG COMMUNITIES Public transit services are essential in both
the urban centers and rural communities
in Merced County. Therefore, we support
robust federal funding mechanisms for
public transit systems, specifically Section
5311 funding and the creation of specialized
transit funding programs to better assist
locally-operated, public transit services
providing service to, and within, federal
lands, such as the Yosemite Area Regional
Transportation System (YARTS).

YARTS is the nation's oldest public transit
system providing service to a National Park.

With more than 25 years of history, YARTS
is the product of a partnership among
the member agencies of its Joint Powers
Authority, the U.S. Forest Service, and
the National Park Service. Today, YARTS
provides coach transit service on each
of the four state highways into Yosemite
during the summer months, and year
round on Highway 140. Currently, there
are insufficient federal funding streams to
support YARTS and the service expansion
needed to address the growing congestion
issues in Yosemite National Park. In order
to sustain the service into the future, YARTS
needs increased federal funding for the
operation and maintenance of services as
well as vehicle replacement.
7 215
s
MERCED COUNTY ASSOCIATION OF GOVERNMENTS I ONE VOICE I /J11il</h1gSTRONG CONNECTIONS,mdSTRONG COMMUNITIES PUBLIC SAl~ETY
The safety and well-being of residents in our rural region is paramount. Yet too often there are inadequate resources available to support this most basic principle. When people are in trouble, we must be able to respond. Therefore, we support increased funding for FEMA's SAFER Grant and Assistance for Firefighter Grant Program to fund improved staffing and critical equipment at our fire stations. We also support the funding and expansion of Department of Justice law enforcement grant programs such as COPS Hiring and the Byrne Justice Assistance Grants. Investing in our public safety workforce ensures that Merced County will be a safe and vibrant community for years to come.

The City of Gustine is a
small, rural community that
relies solely on volunteer
firefighters and, over the last
decade, has lost over 35%
of its volunteer staffing. In
addition, the OSHA mandate
to staff each station with a
minimum of two personnel
per shift has forced the City
to rely on outside agencies
to assist and subsidize this
essential service. Gustine is
currently seeking funds to
hire its own firefighters in an
effort to adequately respond
to emergencies and ensure
that the community has
protection from fire and firerelated hazards.
216
MERCED COUNTY ASSOCIATION OF GOVERNMENTS I ONE VOICE I JJ1dltli11g STRONG CONNECTIONS ,mdSTRONG COMMUNITIES Station 96 in the City of Livingston is the busiest County fire station, responding to more than 2,200 calls per year in its 47-square-mile service area. Due to the cost associated with complying with the 2.0 staffing level mandate, local residents passed a 1% sales tax to support its public safety services last year. However, additional funding is needed to maintain adequate staffing and resources at the facility.

Public safety facilities are critical
for improving emergency
response times and providing
essential public safety services
to underserved areas, as well
as enhancing overall safety and
security in the community. As
such, we support funding for
the City of Merced's plans to
construct Public Safety Facility
Project - Station 56. This new
facility will feature fire and
emergency services, a police
substation, a health facility,
and career technical education
resources. Upon completion, it
will house a fire engine, ladder
truck, ambulance, battalion chief,
and an Emergency Operations
Center.

Public Safety continued on next page ► O
217
10 MERCED COUNTY ASSOCIATION OF GOVERNMENTS I ONE VOICE I Bull,lillgSTRONGCONNECTIONSmu/STRONG COMMUNITIES Currently, the City of Gustine Police Department consists of only eight police officers. This is significantly below the national average of 2.4 officers per 1,000 residents. This impacts response times and the ability to initiate innovative programs such as community policing as well as impedes the department's ability to provide a School Resource Officer to the local school district. On some shifts, there is only one officer available for the entire community. This is a significant safety risk for both the department and local residents.

The City of Livingston Police Department is on a steady path of needed growth, having recently secured a new Chief of Police and continually undergoing new and dynamic training to ensure skill sets remain relevant and effective.

However, challenges persist in recruitment and retaining officers for the understaffed department. 218
MERCED COUNTY ASSOCIATION OF GOVERNMENTS I ONE VOICE I JJ11i/diJ1gSTRONG CONNECTIONS ,rndSTRONG COMMUNITIES WA~rER INFilAS1.,llUCTlJRE
We support increased funding for the state clean water and state drinking water revolving funds as wel l as legislation to increase the population threshold from 10,000 to 20,000 for USDA Rural Utilities Service Water and Environmental Programs for disadvantaged communities.

The City of Atwater is seeking
funding for a feasibility
study to assess the viability
of constructing a surface
water pipeline to transport
water from the Merced
River to ensure a reliable and
sustainable water supply for
residential, commercial, and
industrial use. This project is
essential due to increasing
water demand, diminishing
groundwater reserves, and
recurring drought conditions.

Water Infrastructure continued on next page ► ) I
219
12 MERCED COUNTY ASSOCIATION OF GOVERNMENTS I ONE VOICE I IJ11il</i11gSTRONG CONNECTIONS mu/STRONG COMMUNITIES The City of Dos Palos' Wastewater Treatment Facility is in need of upgrades and additions to be able to handle its current, and future, volume of customers. Items that need to be addressed include: ponds, aeration basins, sludge pit, and main building. The current facility does not meet energy standards and does not have a functioning lab to adequately test the wastewater.
220
MERCED COUNTY ASSOCIATION OF GOVERNMENTS I ONE VOICE I B11i/,/l11gSTRONG CONNECTIONS rmdSTRONG COMMUNITIES r -
T
W.Af.US 'AV[tlUf- 1 _J- - J1r ~ I
The City of Gustine is pursuing the design and construction of updated water main infrastructure to improve its water distribution system located along a half-mile stretch of State Route 33/140. This includes the replacement of approximately 3,000 feet of aging water trunk line located within SR-33, the replacement of 11,000 feet of aging water service lines that connect to the trunk line, as well as the replacement and installation of numerous fire hydrants and valves.

Gustine is also seeking funding for upgrades to its Wastewater Treatment Plant. The existing facility was originally built in 1981, and it was most recently updated more than 20 years ago. Needed improvements include: an aerated lagoon reactor, a secondary head works screen, OAF pretreatment, blowers for further aeration, two secondary clarifiers, a new return activated sludge/waste activated sludge pumping station, sludge dewatering system and storage pad, replacement of existing irrigation system, and electrical and instrumentation improvements.

The City of Livingston is exploring the construction of a new Tertiary Treatment Facility at their Wastewater Treatment plant.

This addition to the facility would allow the undisinfected secondary effluent to be used to irrigate parks and green areas within the city limits. This project would require the addition of filtration and disinfection to the facility as well as the construction of over 7.5 miles of a purple pipe distribution system to transport more than 750 acre-feet of recycled water every year. 13 221

MERCED COUNTY
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224

Los Banos City CouncilNovember 19, 2025

Los Banos City Council
November 19, 2025