Agenda packet — Los Banos City Council, December 3, 2025 (part 2 of 2)

230
rTlJ]. ''.~--· ~~~1-'-~;;1,·: =:::
1,L .. :.L .. q -···-- •
! __ __ • .. ·· · -- ~
··---·· ·--·--- •
··---- --- ':..
~·---- --- -7 ril ·\\.. ______ _
~ . . -- ----.. -- ----ri •
~~ ' r~~-
r
1((J) }lnderson Transportation Engineers
2915-28
December 2005

SITE PLAN
A PLAN
FOR

DEVELOPMENT
figure 2
231

EXISTING PLUS PROJECT CONDITIONS
Assumptions
This report section addresses the "theoretical" impacts occurring if the proposed project were to be developed but no other land uses developed. However, the Vineyard Subdivision west of SR 165 is currently completing the extension of Vineyard Drive to SR 165 and other pending development is constructing the extension of Overland Road to Ward Road. These local roadway improvements have been assumed under this scenario in order to correctly address project access. However, no other land uses beside Villa Burano have been assumed to be developed.

SR 165 I Dove Street/ Vineyard Drive Improvements. The improvements to SR 165 being installed by the Vineyard Subdivision are intended to accommodate the eventual development of a five lane roadway on SR 165, but "interim" striping is proposed that will remain consistent with the current two lane road. Initially, the road will be striped to provide left tum lanes at the SR 165 / Vineyard Drive/ Dove Street intersection. However, while proposed southbound right tum declaration and acceleration lanes will be striped, the second southbound through lane will probably not be striped until such time as this lane is available in the area beyond the limits of this project.

SR 165 I Overland Road Signalization. This pending project will be accompanied by widening of SR 165. The intersection will be striped to provide separate left tum lanes on all approaches. Right tum lanes will be developed on SR 165, and a second through lane will be provided in each direction on the state highway. A separate right tum lane will be striped on westbound Overland Road.

Project Characteristics
Trip Generation. The Villa Burano project will generate traffic that will be added to the study area street system. Typically trip generation rates that are available from the Institute of Transportation Engineers (ITE) publication Trip Generation, i 11 Edition are employed to estimate the number of automobile that are expected from development projects. Table 3 that follows presents published ITE trip generation rates for single-family residences and for the non-residential uses planned in Villa Burano.

The applicable trip generation rates for the commercial uses in Villa Burano will be dependent on the actual uses that are developed at the site. Because of the location of the commercial area within Villa Burano, it is unlikely that major trip generators will be developed, and that major portion of the shopping needs of Villa Burano's residents will still have to be met off-site. For this analysis a conservative approach has been taken to identify reasonable "worst case" assumptions. ITE rates for "specialty retail uses have been used. These rates would imply the absence of high generating uses such as gasoline sales, convenience stores or fast food restaurants which would retain more traffic "on-site".

Traffic Impact Analysis for Villa Burano Area Plan Annexation, Los Banos, CA (April JO, 2006)
Page9
232
The amount of traffic generated by Villa Burano is identified in Table 4. As shown, under the assumptions made for this repo1t, the project could generate 7,033 daily trips with 535 and 699 trips occurring during the a.m. and p.m. peak hours, respectively. As shown, development under the existing General Plan designations could generate 5,637 daily trips, with 442 and 595 trips occurring during the a.m. and p.m. peak hour, respectively.

TABLE3

TRIP GENERATION RATES
AM Peak Hour PMPeakHour
Trips Per Trips Per Trips Per
Description Unit Unit Unit %In ¾Out Unit %In ¾Out
Single Family Dwelling 9.57 0.75 25% 75% 1.01 65% 35% Residences* Specialty Retail Center Ksf 44.32 2.71 56% 44% 2.71 44% 56% *Source: Trip Generation, 7'h Edition
TABLE4

TRIP GENERATION ESTJMATE FOR VILLA BURANO
AM Peak Hour PM Peak Hour
Daily (7:00 to 9:00 a.m.) (4:00 to 6:00 p.m.)
Description Quantity Trips Trips In Out Trips In Out
SF residences 634 du's 6,067 476 119 357 640 · 416 224
Commercial 21.8 ksf* 966 59 33 26 59 26 33
Total 7,033 535 152 383 699 442 257
Development Under 589du's 5,637 442 110 332 595 387 208 current GP designations
* assumes 2 acres Ca) FAR of0.25
Trip Distribution. The distribution of trips generated by Villa Burano and by other approved development has been identified. The distribution of Villa Burano trips will reflect the project's location in eastern Los Banos and has been determined from review of traffic counts at the intersections that provide access to existing development in the area. Today most of the traffic generated in the existing subdivisions is oriented to the south, and SR 165, Seventh Street and Second Street are the primary routes used to reach the area. Because of the distance from Villa Burano and the presence of Ward Road a lesser share of the project traffic has been assumed to make use of Second Street and Seventh Street. Trip distribution assumptions are summarized in Table 5.

Traffic Impact Analysis for Villa Burano Area Plan Annexation, Los Banos, CA (April J 0, 2006)
Pagel0
233
TABLES

TRIP DISTRIBUTION ASSUMPTIONS
Direction Route Retail
North Via SR 165 10%
West Herny Miller Avenue 2%
Vineyard Avenue 2%
Overland Road 10%
Willmott Avenue 2%
East Henrv Miller Avenue 2%
South SR 165 34%
Seventh Street 10%
Second Street 2%
Place Road 9%
Ward Road 12%
Internal 5%
Total 100%
Figure 3 presents resulting "Project Only" traffic volumes.

Traffic Diversion to Vineyard Drive
Percentage
Commercial
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
100%
100%
Locally, the extension of Vineyard Drive west from SR 165 will provide additional access to the existing portions of the Vineyard subdivision to the west. Today traffic to/from this area that is destined for SR 165 makes use of the Santa Barbara Street intersection or uses Nantes Avenue to reach Henry Miller and SR 165 to the north of Dove Street. For this analysis a share of the current traffic observed at the Santa Barbara Street intersection has been assumed to be diverted to the new route. Based on review of the location of existing residences, this diversion is assumed to be about 1/3 of the current volume.

Existing Plus Villa Burano Impacts
Figure 4 presents resulting "Existing Plus Villa Burano" traffic volumes. Table 6 presents the resulting Levels of Service occuning at study intersections under this scenario.

As shown, development of the project alone has relatively little impact on the local area street system. However, very long delays will occur at the SR 165 / Dove A venue / Vineyard A venue intersection. A traffic signal will likely be needed at this location to meet City of Los Banos' LOS D minimum, although the projected traffic volume would not immediately satisfy traffic signal warrants.

Traffic Impact Analysis for Villa Burano Area Plan Annexation, Los Banos, CA (April 10, 2006)
Page I I
234
Hemy Miller Ave

1.((JJ J-f_ nderson
Transportation Engineers
2925-28 4/12/2006
1 ~
AM Peak Hour Volume
PM Peak Hour Volume
Stop Sign
Signalized Intersection

EXISTING TRAFFIC VOLUMES

AND LANE CONFIGURATIONS
1 'N
9RI -o
N-'- UtlJ-+9(11) N-~
00 'I 00 21 (45)
+ 23(57)
(31)21 + + (52)41 -I:,.-'- w .i:.-..i u,
(55)60 -..,,_ ,_, _ u,
RIP
w .... u,
--..i-
~
SR 165/Henry Miller Ave
3 w 9RI -..i- 00 ....
-W'° +4(10) ..=?-.o"::
0 00 N 0(0)
~.I.+ 97(66)
(0)0 _} ~t,.
(0)0-( 0 Wu,
-ow
(0)0 o..,_ --'° -1>-0
RIP o-
~
SR 165/Dove St
5 1s: [ID _ ...,
'l.o(O) u,"'
N'l::- 't,i ....i.~ ._0(0) ,1>,.-1:,.0 .-I++~ .0(0)
(17)21 _} ~tt~ u, NO
(0)0 -r .... u,-
- .... o (63)68
.., __ .... U1 -,_, ~
SR 165/Overland Ave
7 00
00 j._O(O)
~~ 0(0)
(0)0 _f
(0)0 .....

Overland Ave/Rockport Dr
2 w 9RI "' "' 'ls:- } 2(3) o-!::!
NW 8(1)
~
W-'-
~
o-
--
"'"' .i,..
0 ~
SR 165/Quail St
4 w - 00 W 00 ...,-
-.i:.
.... 'I
~ ....
(46)29_} 4
WW
(56)5Z-), -->.W
-w -..i-
"'-I>-
RIP -.i:.
~
SR 16 5/Santa Barbara St
6 -
w-..i 1s: 00 .....
-::;: 'ls: w U1
~'I
4 (17)20 { WW
(63)29 U1 00
~~
Rip
"'U1
- U1
2 SR 165/Willmott Ave
8 9RI
--- J_0(0) 8-99
000 0(0)
~~'+ .0(0)
(0)0_} ~t,. ....c.....

RI
(0)0 --r ,Q ,Q ,Q
(0)0 .3-.33
RI ~
Overland Ave/Place Rd
figure 3
235
Henry Miller Ave 1

1.((J) _Jl nd'erson
Transportation Engineers
2925-28 4/12/2006
~
•XX AM Peak Hour Volume
.-()(X) PM Peak Hour Volume
qR1 Stop Sign
[ii Signalized Intersection

VILLA SURANO ONLY

TRAFFIC VOLUMES

AND LANE CONFIGURATIONS
1 - 9RI
_ .... A _ 0"- +0(0) __ 0 .... __ 0(0)
~ 2(8)
(0)0-t + (0)0 -,,..- ""w""
(8)2 U1- U1 "-N"-
RIP ~
SR 165/Henry Miller Ave
3 9RI _ _.A
~~~ +36(23) ............

N-..iN 13(9)
.-I.~ 40(26)
(14)4 _; ~t+
(16)5 ~ 0 '° .... --.... (0)0 ON,..._
"-_..A
Ri p --~
SR 165/Dove St
5 ~4(2) _
w .... _ [I]
u,--.i:.. ~.i:..--
0, 0, +--52(33) .....
.-1 •• '-. .81(52)
(9)3 _;· ~tt~
(60)18 ~ .Q:~"" o---
(0)0 -- U1 '° ~~
SR 165/0verland Ave
7 U1
"-0 ""- &l-:::;: J._ 0(1) •
~+A-. 48(31)
(103)30 j-
(56)16 --+
Overland Ave/Rockport Dr
2 9RI -.i:..- U1 ....
} "-N ... __ 11(7)
WA 23(18)
~ t+
w '° _...,
-o-
~~
SR 165/Quail St
4 ~ -o 0"-
-- U1 ~f
(0)0_; ~ ON
(0)0")- ....._...,
o-
- 0'
RIP ~
SR 16 5/Santa Barbara St
6 -:::i
0,
---- U'1 .... ._,...,
;r ~ (8)2{ OJ>.
(0)0 o.=: - ... RIP A
!j
SR 165/Willmott Ave
8 ~~ 9RI a-o-
---- 0' ~ 3(11) .i,.w,._
........ '° 7(5)
~~~ .0(0)
(48)14 _; ~t-- _a_
RI
(9)3~ 0,.. 0 -o- (0)0 -
o-o ...,._,
RIP UI
._.

Overland Ave/Place Rd
figure 4
236
TABLE6

EXISTING PLUS PROJECT INTERSECTION LEVELS OF SERVICE
A.M. Peak Hour P.M. Peak Hour
Existing Existing Plus Project Existing Existing Plus Project Average Average Average Average Traffic Signal
Location Control . Delay LOS Delay LOS Delay LOS Delay LOS Warranted? l. Herny Miller A venue/ SR 165 EB/WB Stop
NB left turn 1.7 sec A 1.7 sec • A 1.8 sec A 1.7 sec A No SB left tum 0.3 sec A 0.3 sec A 0.3 sec A 0.3 sec A
EB left+through+right turn 14.2 sec B 15.2 sec C 16.I sec C 23.3 sec C WB left+through+right turn 16.0 sec C 17.8 sec C 20.6 sec C 39.7 sec E

2. SR 165 / Quail Street
SB left tum WB Stop 0.1 sec A 0.2 sec A 0.1 sec A 0.4 sec A No WB left+right turn 15.7 sec C 16.0 sec C 13.3 sec B 17.2 sec C

3. SR 165 / Dove Street WBStop
NB left turn - - - - - - - A No
SB left turn 0.4 sec A 0.4 sec A 0.6 sec A 1.2 sec A
EB!eft+thru+righttum - - 19.7 sec C - - 27.4 sec D
WBleft+thru-righttum 19.7 sec C 40.3 sec E 20.3 sec C 57.7 sec F

4. SR 165 / Santa Barbara Street EB Stop
NB left turn 1.1 sec A 1.7 sec A 2.0 sec A 2.0 sec A No EB left+right turn 14.9 sec B 16.9 sec C 19.7 sec C 22.1 sec C

5. Overland Road / SR 165 Signal 8.6 sec A 15.6 sec B 10.3 sec B 14.4 sec B NA

6. Willmott Avenue / SR 165 EB Stop
NB left tum 1.2 sec A 1.3 sec A 1.4 sec A 1.5 sec A No
EB left+right turn 17.2 sec C 21.6 sec C 17.1 sec C 25.1 sec D

7. Overland Road/ Rockport Drive No
EB left tum SB Stop 7.3 sec A 7.4 sec A
SB left+right turn 8.8 sec A 8.6 sec A

8. Overland Road / Place Road All-Way Stop 7.1 sec A 7.3 sec A No Traffic Impact Analysis for Villa Burano Area Plan I Annexation, Los Banos, CA (April 10, 2006) Page 14 237
YEAR 2007 "EXISTING PLUS APPROVED PROJECTS" CONDITIONS
Background Characteristics
For the purposes of this study, Villa Burano and all other approved projects has been assumed to be built out over a two year period.

The City of Los Banos has developed a comprehensive list of all "approved but not constructed" development proposals. This list is summarized_ in Table 7. As shown, together all approved projects could generate about 32,000 daily automobile trips. Key development projects that could affect traffic in the study area are discussed in the text which follows.

Vineyards Subdivision. Locally, build out of the remainder of the Vineyard Subdivision is expected within the next two years. The development will be accompanied by completion of improvements to the SR 165 ./ Vineyard Drive / Dove Street intersection, and according to the City about 132 approved residential dwelling west of SR 165 will be completed. The Vineyard Subdivision itself has access to many of the existing City of Los Banos streets serving the northern portion of the community, including Second Street and Seventh Street to the south, as well as via Overland Road to the west.

Eastern Los Banos Development. For several years residential development has continued in the area east of SR 165. The City has identified approved development in the Mission Village South, Meadowlands 3, and The Provinces/ Meadowlands 4 projects. A.total of 683 residential units will be developed in the area that is tributary to the planned easterly extension of Overland Road. This analysis also conservatively assumes the new Los Banos High School on Ward Road will be operating by 2007, although this is earlier than the schedule anticipated by the school district.

Background Traffic Increases
The volume of traffic on local streets and on SR 165 will continue to increase during the period from 2005 to the project's probably occupancy in 2007. For this analysis however, it has been assumed that complete build out of all approved projects within the next two years will result in a conservative estimate of short term future conditions. Thus, no additional factor for through traffic growth has been assumed.

Traffic Impact Analysis for Villa Burano Area Plan I Annexation, Los Banos, CA (April JO, 2006)
Page/5
238
TABLE7

TRIP GENERATION ASSOCIATED WITH APPROVED PROJECTS
Daily AM Peak Hour PM Peak Hour
Project Project Type Volumes In Out Total In Out Total
Vineyards 132 Sf Residential Units 1,263 25 74 99 86 48 134 Mission Village 179 SfResidential Units 1,713 34 101 135 116 64 180 South
Meadowlands 3 120 SF Residential Units 1,148 23 68 90 78 43 121 The Provinces / 261 SF Units/ 2,916 57 165 222 194 107 301 Meadowlands 4 123 Senior Residential
Stonecreek Villages 596 SF Residential Units 7,704 112 335 447 387 215 602 IIa, III and IV
Villas Vesting 174 SF Residential Units 1,665 33 98 131 113 63 176 Court of Fountains 34 Residential Townhomes 199 3 12 15 12 6 18 Charles and Debbie 1 SF Residential Unit 10 0 1 1 1 0 1 Young
Mercey Springs 19 SF Residential Units 182 4 11 14 12 7 19 Villas
Willmott Mini 5-acre Mini Storage Facility 194 7 7 14 10 9 19 Storage
Young's Commercial 14,000 sfC-2 Commercial 620 21 17 38 17 21 38 Complex
Henry Miller Square 15,000 sfHC Commercial 665 23 18 41 18 23 41 Home Depot 143,447 sf Main Building, 34,643 sf 4,275 93 79 172 165 187 352 Garden Center
Lowe's Home 138,000 sfMainBuilding, 31,600 sf 4,112 89 77 166 159 179 338 Improvement Garden Center
Warehouse
In-Shape 35,000 sf Fitness Center 1,152 18 24 42 72 69 141 Tom Kalijian SPR 4,550 H-C Commercial Addition 50 15 2 17 1 7 8 (Real Estate Office)
Ron Grove SPR 62,250 sfoffice/Warehouse/Retail 323 77 11 88 15 76 91 Traffic Impact Analy.sisfor Villa Burano Area Plan I Annexation, Los Banos, CA, (April 10, 2006) Page 16 239
TABLE7

TRIP GENERATION ASSOCIATED WITH APPROVED PROJECTS
Daily AM Peak Hour PM Peak Hour
Project Project Type Volumes In Out Total In Out Total
LB Congregation of 8,270 sf Church, 1,280 Caretaker Unit 75 3 3 6 3 3 6 Jehovah's Witness
Benjamin Seaton / 4,920 sf Dental Office 178 10 2 12 5 13 18 Daniel Nation Dental
Office
Errol Esbit 6,000 sfC-2 Commercial, 300 sf Taco 480 17 12 29 12 12 24 Stand
LBUSD Elementary 840 Stu.dent Elementary School 1,084 194 159 353 42 42 84 School
LBUSD High School 1,170 Stu.dent High School 2,000 328 152 480 82 82 164 Total All Approved Projects 32,008 1,186 1,428 2,614 1,600 1,276 2,876 Traffic Impact Analysis for Villa Surano Area Plan I Annexation, Los Banos, CA, (April 10, 2006) Page 17 240
"Existing Plus Approved Projects - No Project" Traffic Conditions Trips generated by Approved background development were assigned to background volumes, and resulting volumes are presented in Figure 5. These volumes have been used to calculate the Levels of Service identified in Table 8.

As shown, the projected Levels of Service for "Existing Plus Approved projects" conditions without Villa Burano meet minimum City of Los Banos standards (i.e., LOS D or better) at most locations, but there is one noteworthy exception. The delays projected at the SR 165 / Vineyard Drive / Dove Street intersection are projected to reach LOS F. Review of projected volumes at this location reveals that peak hour warrants for volume and delays will be approached but may not be met with background development. Because a traffic signal at this intersection is included in the City's existing traffic mitigation fee program, if Villa Burano project did not proceed, it would be appropriate for the City to continue to monitor traffic conditions at this location and install a traffic signal when wananted.

PrO'ject Traffic Impacts
Trip Assignment. Using the hip generation and distribution assumptions noted above, trips generated by Villa Burano were assigned to the local street system as shown in Figure 3. These trips were superimposed onto year 2007 background traffic volumes to create "Existing Plus Approved Projects Plus Project" conditions, as indicated in Figure 6.

Projected Levels of Service. Resulting Levels of Service were then calculated for study intersections under the assumptions made previously. The results of these calculations are also shown in Table 8.

As indicated in Table 8, the addition of trips generated by Villa Burano will result in increased delays at the study intersections. Two locations would be potentially impacted by the project. TI1e most pronounced change in operating conditions will occur on the westbound approach to the SR 165 I Vineyard Drive / Dove Street intersection. Motorists on this approach will experience delays that are indicative of LOS F conditions. Projected traffic volumes will satisfy peak hour delay and volume warrants under "urban" conditions. A traffic signal will be_ needed at this location.

Level of Service F conditions are projected on the Henry Miller Avenue approaches to the SR 165 / Henry Miller Avenue intersection. While projected volume would satisfy peak hour wanants under high speed conditions, the delay on each approach is projected to be less than the 4.0 hour total mandated by the peak hour delay warrant. Thus, it is likely that short term future conditions at this location may approach but not satisfy traffic signal warrants.

Traf fic Impact Analysis.for Villa Burano Area Plan I Annexation, Los Banos, CA, (April I 0, 2006)
Page/8
241
Henry- Miller Ave.
~
€
~ Wilmott Ave
1((]) Jl nderson
Transportation Engineers
2925-28 4/ 12/2006
1 ~
.,;-xx AM Peak Hour Volume
..;-(XX) PM Peak Hour Volume
9R 1 Stop Sign
[ID Signalized Intersection

EXISTING PLUS VILLA BURANO

TRAFFIC VOLUMES

AND LANE CONFIGURATIONS
1 'Cl
-- 9RI tli:!- +9(11) NN2! 21(45) + 25(65)
(31)21 + + (52)41 VIN.I>.
-ON
(63)62 -co- VI- aRI P
00 N 0 -a--
.!::!
SR 165/Henry Miller Ave
3 - 9 RI ...
"'-
o,.t:! B +40(33) --1>.-
_ _. N
N VI 13(9) -I>.
_.) ... '-. 137(92)
(14)4 _} ~~ (16)5 ~ 0 ... a- - .... a-
(0)0 .g~~ .J>.W
RIP NOu,-
SR 165/Dove St
5 7. 00 -a-
~(2) U1 'l
'l~-
~a,.~
NN_,. +--52(33)
_.J ...... ~ ..-81(52)
(62)24 _} ~ tt ~ (60)18 ~ ~ I,! t:l
(120)68 ~ ~~ ~~~ 0
- SR 165/0verland Ave
7 vi
'l-
-o
~-:::;: J._ 0(1)·
~~ 48(31)
(103)30 _j-
(56)16 -+
Overland Ave/Rockport Dr
2 7.
-I>. 9 RI
~~ -- } 13(10)
--VI 'l 36(19)
~
..,_ ~ -1>.0
_..,
u,-
.J>.,O
... - ~
SR 165/Quail St
4 7. -N
woo
N-
-_,.N UI
~co
(46)29_} 4
VI W
(56)52--. _,. VI
- VI 'lRIP
0- VI
--~
SR 165/Santa Barbara St
6 -vi
.J>.-1>.
~~
- UI -I>. 'l
~"'
4 (25)22{ W-1>.
(63)29 VIN
- co -1>.-
"' a- R I f> - "'
~
SR 165/Willmott Ave
-~ 9RI 0 ""- --o J._ 3(0) -1>.w-
- 7(0) .... "'
~~'-. ..-0(0)
(20)14 _} ~~ ...a_
RI
(0)3 -r O .... 0
(0)0 :§,3§
RIP ~
Overland Ave/Place Rd
figure 5
242
Henry Miller Alie
·•
~
t
z WitmottAve

1.((JJ JI naerson
Transportation Engineers
2925-28 4/12/2006
1 ~
,.-xx AM Peak Hour Volume
.-(XX.) PM Peak Hour Volume
9R1 Stop Sign
[I] Signalized Intersection

EXISTING PLUS APPROVED PROJECTS

TRAFFIC VOLUMES

AND LANE CONFIGURATIONS
1 -;::i
9RI - UI
Dl~-+9(11) Na-.~ 21 (45)
~ 29(67)
(31)21 + + (52)41 UIN.ll,.

WN.ll,.
(65)66 --..J-
...,_ aRIP
-,, N .....
-o-
~
SR 165/Henry Miller Ave
3 -I>- _,..,_ 9RI
~~~ +5(11) -.i,..-
NtC 1 (2)
.-J t ~ 97(66)
(21)28 __f ~~ (1)1 -r WW UI
0--l>-W
(53)84 --..J-
"-l-"'
..... .i,..o
Rrp -i,.,-
~
SR 165/Dove St
5 ~ -
UI ......
a-_ Cl'- .. [I] _.i,.._ -1>--N '--67(44) UI .C,. -.j +-80(50) -.i "-l -1>- .-Jtt'-. f"89(56)
(56)22 __f ~ tt ~ (82)61-r ~ ~ ~
(120)68 ~~~
-= g:,::i
w
- SR 165/Overland Ave
7 00 J._o(O) "?5"?5
~~ 236(150)
(0)0 _}
(241)183 __.

Overland Ave/Rockport Dr
2 'i:
-.i 9RJ 0
'i:- } 2(3) a--.!:::!
ow 8(1)
~
w
~ ..... oo0 "' ---I>-
UI
w
- SR 165/Quail St
4 ui -o
_
,,, ......_ 0
.,,. -o :f
(33)13.., ~ W.ll,.
(33)24-. ..... "' --,, ...,_
RIP
UI UI
- UI
~
SR 165/San ta Barbara St
6 - ui -I>- -I>-
.!::;!.:;;!
...,. UI
.c,. 'I
:(
--t
(23)29 { -I>- .c,.
(67)38 0-1>-
-o ..,,_
Rrp
NO-
- 00
~
SR 165/Willrnott Ave
~RI
NO~ J._7(4)
~Ocii 170(122)
~4~ f" 17(11)
(1)2.., ~~~ (169)174 -r ::?.52.~
(14)17 ~ -9;;
Rip l _, _,
Overland Ave/Place Rd
figure 6
243
TABLES
EXISTING PLUS APPROVED PROJECTS (YEAR 2007) INTERSECTION LEVELS OF SERVICE AM. Peak Hour P.M. Peak Hour
No Project Plus Villa Burano No Project Plus Villa Burano Average Average Average Average Traffic Signal
Location Control Delay LOS Delay LOS Delay LOS Delay LOS Warranted?

1. Henry Miller Avenue / SR 165
NB left turn EB/WB Stop 1.6 sec A 1.7 sec A 1.7 sec A 1.8 sec A No SB left tum 0.3 sec A 0.3 sec A 0.3 sec A 0.2 sec A
EB left+thru+right tum 18.4 sec C 20.2 sec C 24.7 sec C 29.6 sec D \VBleft+thru+righttum 23.6 sec C 27.5 sec D 45.1 sec E 74.4 sec F

12. SR 165 / Quail Street WB Stop
SB.left tum 0.1 sec A 0.2 sec A 0.1sec A 0.4 sec A No
WB left+right tum 15.7 sec C 20.7 sec C 13.3 sec B 23.3 sec C

3. SR 165 / Dove Street EB/WB Stop
NB left turn 1.0 sec A 0.6 sec A 1.0 sec A 0.9 sec A Yes SB left tum 0.3 sec A 0.4 sec A 0.3 sec A 1.0 sec A
EB left tum 40.5 sec E 38.6 sec E 40.5 sec E 83.17 sec F EB through+right turn 13.0 sec B 14.5 sec B 13.0 sec B 25.3 sec D WB left+thru+right tum 91.4 sec F 179.4 sec F 129.0 sec F 306.1 sec F Signal 11.1 sec B 16.9 sec C 13.6 sec B 15.0 sec B

4. SR 165 / Santa Barbara Street EB Stop
NB left tum 0.6 sec A 1.7 sec A No
EB left tum + right tum 21.2 sec C 84:6 sec F

15. Overland Road/ SR 165 Signal 18.0 sec B 23.6 sec C 20.8 sec B 22.9 sec C N.A

6. SR 165 / Wilhnott Avenue "EB Stop
NB left tum 1.4 sec A 1.6 sec A 1.7 sec A 2.0 sec A No
EB left+right tum 26.4 sec D 37.3 sec E 27.4 sec D 62.0 sec F

7. Overalnd Road / Rockport Drive SB Stop
EB left tum 7.9 sec A 7.8 sec A No
SB left+right tum 10.4 sec B 9.5 sec B
K)verland Road / Place Road All-Way Stop 8.8 sec I A 9.2 sec A 8.6 sec A 9.0 sec A No Traffic Impact Analysis for Villa Burano Area Plan I Annexation, Los Banos, CA (April 10, 2006) Page 21 244
CUMULATIVE IMPACTS (2030)
The impacts of long tenn development in the study area have been assessed within the context of future traffic conditions occurring in the entire Los Banos area. Future traffic volumes and resulting traffic conditions in this area were based on an updated version of the City's General Plan traffic model. Year 2030 conditions without the SR 152 Los Banos Bypass were developed. While the Bypass is part of the City's long term Circulation Plan, the current schedule for its completion makes it unlikely that a bypass will be in place before the year 2030. As a result Caltrans District 10 have in the past requested that the "Cumulative - No Bypass" condition be assessed in Los Banos area traffic studies.

Background Traffic
MCAG Forecasts. The City of Los Banos' existing General Plan traffic model is the tool employed to correlate land use information and planned circulations system improvements. This tool can be a guide to long-term traffic conditions within the community. However, the Los Banos model may not accurately address inter-regional traffic, and some adjustments may be needed. For this study the model's land use base was modified to reflect both approved and proposed projects now under consideration by the City (i.e., Pioneer Corridor Plan, The Lakes).

To address inter-regional travel, the current Merced County Association of Governments traffic model was consulted. MCAG staff report that under their model the volun1e of traffic on SR 165 north of Overland Road intersection is projected to increase from its current level of 10,700 ADT to a year 2030 volume of 26,000 ADT. This increase is growth at an annual rate of 3.5% over 26 years. To evaluate the adequacy of proposed improvements it has been assumed that peak hour through traffic on SR 165 w11l increase at this rate. Manual adjustments of modeled traffic volumes forecasts were made in order to achieve this growth rate.

Effect of Villa Burano. The development of Villa Eura.no may result in slightly different traffic volumes in the immediate vicinity of the site than would occur with development under current General Plan designations. While the overall trip generation for the site is larger under the proposed plan, the development of non-residential uses in the midst of the growing north Los Banos area will provide destinations for many of the trips generated by existing and future residences in this area. As a result, the conservative external trip generation forecast for Villa Eura.no (5,764 external daily trips) is for all intents no different from the forecast resulting from development under the general plan (5,637 daily trips). Thus, traffic volumes projected on area streets for 2030 with and without Villa Burano are the same.

SR 165 Widening. The City of Los Banos is incrementally widening SR 165 to a four lane facility as fronting development occurs along the state highway. By the year 2030 it is likely that the areas sunounding the study intersections will be developed and a four lane highway will be in place.

This assumption is inherent to the Year 2030 analysis presented herein; as study area intersections are expect to operate at LOS F if the existing two lane highway were to remain.

Traffic Impact Analysis for Villa Burnno Area Plan I Annexation, Los Banos, CA (April J 0, 2006)

Page 22 ends

245
Traffic Volume Forecasts / Levels of Service
Figure 7 presents Year 2030 cumulative a.m. I p.m. peak hour traffic volumes at study area intersections without the SR 152 Los Banos Bypass and with development of Villa Burano.

Table 9 presents resulting a.m. / p.m. peak hour Levels of Service for study intersections. For this analysis it has also been assumed that the SR 165 / Dove Street intersection will be signalized under year 2030 conditions.

Impacts to Signalized intersections. The SR 165 / Dove Avenue intersection is projected to operate at LOS D. This will satisfy the City's minimum Level of Service standard. The SR 165 / Overland Road intersection is projected to operate at LOS F. Adding a westbound right turn lane will eventually be needed to meet the City's LOS D standard. Villa Burano should contribute its fair share to the cost of this improvement.

Impacts to unsignalized intersections on SR 165. As shown in Table 9, the delays projected at unsignalized intersections on SR 165 will become relatively long in the future. Traffic volumes are likely to reach wanant levels at the following locations on SR 165:

SR 165 / Henry Miller Avenue
SR 165 / Santa Barbara Street
SR 165 / Willmott Avenue
Review of forecast volumes indicates that of these locations the Henry Miller A venue and Willmott Avenue intersections will be candidates for signalization. However, because the volume of traffic turning left from Santa Barbara A venue onto northbound SR 165 is relatively low, a signal would not be recommended at this location. However, the City may wish to monitor this location to determine if signals are justified in the future and consider adding this location to the citywide fee program as part of the next update.

The SR 165 I Henry Miller Avenue intersection is outside of the City of Los Banos, and the citywide fee program may not include a traffic signal at this location. If this is the case, Villa Burano should contribute its fair share to the cost of improving this intersection based on its percentage of future traffic.

Impacts to intersections on City of Los Banos Streets. The forecast future traffic volumes on n01ih Los Banos streets reflect the growth that is likely to occur as the eastern Los Banos areas develops. As shown, Levels of Service at the two study intersections on Overland Road are within the City's LOS D standard.

Traffic lmpact Analysis for Villa Surano Area Plan I Annexation, Los Banos, CA (April 10, 2006)
Page23
246
Henry Miller Ave
~
t
z Wilmott Ave
'J((JJ .Jlnderson
Transportation Engineers
2925-28 4/ 12/ 2006
1 ~
,.;-xx AM Peak Hour Volume
(XX) PM Peak Hour Volume
9R1 Stop s;gn
~ Signalized Intersection

EXISTING PLUS APPROVED PROJECTS

PLUS VILLA BURANO

TRAFFIC VOLUMES

AND LANE CONFIGURATIONS
1 'Cl
9RI -"" N N U'l"i::,-+9(11) i:,-i.~ 21(45)
~ 31(75)
(31)21 4 + (52)41 O' w '-" 0 _. N
(73)68 --- o- 0' W N <.n
Rip - -o0'
- SR 165/Henry Miller Ave
3 - 9RJ u,
---
~ .I>,. 0' _,..._ -N+41(34)
~ ;g ~ 14(10)
~ t '-. 137(92)
(35)32 _j- ~}--
(17)6 -r w .... 0' 0' 00'
(53)84 -.i:.- ....., __
... u, w
R.I p --a-
..:;!-
SR 165/Dove St
5 u, -"'- [I] ~70(47) u,....., 00
_..,,_ ,o-.....,
0' ......... +-132(83) U'I N U'I
.,._) .. ~ ,;-110(108)
(66)25_j- ~tt~
(142)78-., ~ ~ cl!
(120)68 ~ ~:;: ~ g; ~
..... -- SR 165/0verland Ave
7 vi
-o ""-
~-::; J,.._0(1)
~+A. 284(181)
(103)30 _f
(298)199 --+
Overland Ave/Rockport Dr
2 u, 9R I '° o- - ... } U'I ... _ .I>,. 13(10)
o-... 36(19)
~ ,.
.......
0' 0
----
_...,
u, '° .i:.-
..:;!
SR 165/Quail St
4 _
-;::
... ... u,
_....., -o-
...... 0
~f
(33)13J- +t
... u,
(33)24. ~8
U'IR. I p
U'I 0' -~ - SR 165/Santa Barbara ·st
6 -~ .i:.o
.::j~
... ....., u, ....
~-
+t
(32)32 { .I>,. U'I
(67)38 ON ~-o
U'IR IP
N 00 -,o
~
SR 165/Willmott Ave
NN~ 9 RI
~_g~ J,... 10(15) .1>.w- N_. 178(128) ..._,
~~'-. 17(11)
(49)16)- ~}-- fi
(178)177 -r ,o ... "'
(14)17 ~-3~
R1p l -~-
overland Ave/Place Rd
figure 7
247
Henry Miller Ave 1
'l((JJ .Jl ncferson
Transportation Engineers
2925-28 4/12/ 2006
~
AM Peak Hour Volume
PM Peak Hour Volume
Stop Sign
Signalized Intersection
YEAR 2030 PLUS VILLA BURANO

TRAFFIC VOLUMES

AND LANE CONFIGURATIONS
1 'w
9 RI -er,-
c:JSl:)l -~- +20(20) er, W N 25(55)
~ 35(80)
2 (75)55 + +
(60)50 er, w u, u, er,..,,
(85)75 - ..,,_ ....,._er,
Ri p
u, ~ u,
-..... -.8
SR 165/Henry Miller Ave
SR 165/Dove St
00 6
~45(50)
+--160(245)
..(220(285)
(35)35 _!- ~tt~
(200)190 ~ ~;:,I~
(240)235 't 2~2
t,.J....1W· -,, 0 w ow u,
-sSR 165/0verland Ave
7 .;:
s_
8'u\ ..... "' ~5(5) . ~ +A. 325(525)
(110)40 J-
(490)395 _.,
Overland Ave/Rockport Dr
9 RI
~ 15(10) t 40(20)
SR 165/Quail St
SR 165/ Santa Barbara St
-:::::

SR 165/Willmott Ave
Overland Ave/Place Rd
figure 8
248
TABLE9
CUMULATIVE YEAR 2030 PEAK HOUR LEVELS OF SERVICE
Location Control

1. Henry Miller Avenue/ SR 165
NB left tum EB/WB Stop
SB left tum
EB left+tbru+right tum
WB left+tbru+right tum
2 SR 165 I Quail Avenue WB Stop
SB left turn
WB left+right tum

3. SR 165 /Dove Street Signal

4. SR 165 / Santa Barbara Street EB Stop
NB left tum
EB left turn+ right turn

5. Overland Road / SR 165 Signal
With WB right tum lane

6. SR 165 /WillmottAvenue
NB left turn EB Stop
EB left+right tum

7. Overland Road / Rockport Dr
EB left tum SB Stop
SB left+right tum

8. Overland Road/ Place Road All-Way Stop
Traffic Impact Analysis for Villa Surano Area Plan I Annexation, Los Banos, CA (April 10, 2006)
With and Without Villa Burano With and Without Villa Burano Average Delay LOS Average Delay LOS

1.9 sec A 1.9 sec A

0.6 sec A 0.8 sec A

76.5 sec F 221.9 sec C

58.0 sec F 324.4 sec D

11.5 sec B 14.6 sec B

10.5 sec B 16.8 sec C

19.6 sec B 21.8 sec C

1.3 sec A 1.4 sec A

17.2 sec C 57.0 sec F

41.9 sec D 60.5 sec E

28.6 sec C 22.8 sec C

1.0 sec A 1.6 sec A
>999 sec F >999 sec F

8.1 sec A 9.2 sec A

11.8 sec B 15.1 sec C

11.6 sec B 12.5 sec B
Traffic Signal
Warranted?
Yes
No
N.A.

N.A
Yes
No
No
Page26
249

SITE DESIGN ISSUES
While the preceding analysis has described the impacts of developing the proposed project within the context of criteria under CEQA, it is important to also review the adequacy of the project's circulation system within the City of Los Banos' standard, the intent of the current General Plan and standard engineering practice.

Ward Road Alignment
The current General Plan suggests that Ward Road could be extended northerly beyond Dove Street, and the Villa Burano site plan accommodates such a future extension. However, the extent to which such an extension is reasonable given the physical constraints imposed by the San Luis Canal and the future SR 152 Bypass alignment needs to be considered.

Issues. A future Ward Road extension to the north beyond Dove Street would make sense if several other criteria were expected to be met.

First, Ward Road would have to have a reasonable northern terminus beyond Dove Street. For example, is Ward Road expected to cross the San Luis canal as well as the SR 152 Los Banos Bypass to reach Henry Miller Avenue? If the road is unlikely to bridge both of these facilities, then there would be less need for the extension.

Second, is future development likely to occur that would make use of the Ward Road extension? For example, is it possible that the next General Plan would suggest development on the north-east side of the San Luis canal that would be served by a Ward Road extension? If it is unlikely that the next General Plan would suggest urbanization in the area of the City's waster water treatment areas, then there would be less need for the extension.

Third, it there a physical location for a Ward Road extension on the west side of the San Luis Canal beyond Villa Burano? Existing residential subdivisions already extend from the SR 165 to the san Luis Canal in the area north of Villa Burano. Only tlu·ee options exist for a Ward Road extension, the first being the portion of Place Road that already exists north of Villa Burano, the second is the San Luis Canal right-of-way and the third being right of way acquisition through an existing residential area.

Finally, do traffic volume forecasts suggests an appreciable traffic volume would use a Ward Road extension beyond Dove Street? The 2030 traffic model suggests that Ward Road in the area north of Overland Avenue may carry 5,000 vehicles per day. The portion of this traffic that is destined for points beyond Dove Street is very low.

Recommendation. It is recommended that the Villa Burano plan be modified to terminate Ward Road at Dove Street. Because a two-legged intersection typically results in safety problems, the connection should be modified, and two alternatives for redesigning the Ward Road - Dove Street connection have been identified. On option would be to ling the roads with a curve that was designed to accommodate the speeds of a collector street. A 400' radius curve would comfortably handle travel at 30 mph. However, this alternative is not reconunended since it would likely Traffic Impact Analysis for Villa Burano Area Plan I Annexation, Los Banos, CA (April I 0, 2006)

Page 27 ends

250
promote higher speed traffic on the portion of Dove street west of Villa Burano where direct residential frontage already exists. The second option is to install a roundabout intersection. This option would slow traffic to 15 to 20 mph through the intersection and would result in speeds that were more in tune with the character of the adjoining neighborhood.

The width needed on Ward Road is also a consideration. As no direct residential access to Ward Road is envisioned through Villa Burano, a two lane road with bikeways will provide the capacity needed for year 2030 conditions in the area from the Dove Street connection to the main Villa Burano access. Ward Road should transition from a two lane to a four lane road in the area between the Villa Burano access and the Overland Road intersection.

Place Road Alignment/ Design
Medianization. The Villa Burano plan proposed a specific alignment for Place Road that would move the route into the project site in order to link the existing portions of Place Road north and south of the site. The proposed parkway alignment is consistent with the nature of this collector street, but the creation of a two lane street with a raised landscaped median does present potential access limitations for properties along the road. Specifically, the width of a two-lane parkway is insufficient to accommodate u-tums at intersections. While this issue will not likely affect the limited number of residential areas that take access in the area of the medianized parkway, it will have an effect on access to the planned commercial site. This issue has arisen elsewhere in the City, particularly in the area of San Luis Street east of Ward Road.

Traffic Calming. The project plan describ'es "traffic calming" features that would be installed on Place Road. As a designated collector street, the installation of "physical" features that slow traffic would be inconsistent with the streets designation in the General Plan Circulation Element.

Features such as undulations (speed humps) or intersection narrowing would be inappropriate on a road that will need to provide emergency access and help move traffic through the City. Thus, the development on raised crosswalks on Place Road is not recommended. However, it would be possible to install the types of calming measures ·that are "visual" rather than physical. The alternative of installing special pavement materials at intersection on Place Road without a raised center is available.

Bicycle Plan
The proposed project plan envisions creation of Class I (separated path) and Class II (on- street bicycle lanes) within the plan area. Class I paths are proposed along Place Road as far north as Dove Street and on Ward Road. Class II lanes are proposed around the park, on Dove Street and on Place Road north of Dove Street.

The plan suggests that a joint bicycle - pedestrian paths will be constructed on both sides of Place Road. This path is shown to be 5 '-8" wide. This satisfies current state guidelines that identify the minimum width for a one-way path as 1.5 meters.

Traffic Impact Analysis.for Villa Surano Area Plan I Annexation, Los Banos, CA (April JO, 2006)
Page28
251

MITIGATION MEASURES
The text that follows describes mitigation measures that would need to be considered in response to the traffic impacts described earlier.

Existing Plus Project Conditions
The Project will be required by the City to make standard frontage improvements.

To meet City level of service standards, Villa Burano should be responsible for installing a traffic signal at the SR 165 I Vineyard Drive / Dove Street intersection. This condition has also been identified for the pending Villa Burano project. However, Caltrans will not permit the signal to be installed until traffic signal warrants are satisfied. Thus, Villa Burano should prepare plans for the signal and provide the City with a bond for construction. The costs of signalization should be credited against citywide fees.

Year 2007 (Existing Plus Approved Projects Plus Villa Burano Conditions No other mitigations are needed.

Future (2030) Conditions
Vila Burano should be responsible for participating in the cost of cumulative mitigation measures.

The project should contribute to the cost of signalizing intersections in Los Banos through the existing traffic mitigation fee program. In addition fair share contributions should be paid for any improvements not included in the fee program.

The City does not collect fees towards the cost of improving the SR 165 / Henry Miller A venue intersection. Traffic generated by Villa Burano (90 p.m. peak hour trips) represents 6% of the total traffic through the intersection in 2030 (1,400 p.m. peak hour trips). Assuming that the intersection is widened to provide left turn lanes when signals are installed, the probable cost of signalization is likely in the range of $500,000. Villa Burano should contribute $30,000 to Merced County towards signalization of this location.

Site Design
Ward Road. Ward Road should be redesigned as a two lane facility between Dove Street an1 the main Villa Burano access, while transitioning back to a four lane section between the access/ and Overland Avenue. Ward Road should terminate in a roundabout intersection at Dove Street.

Place Road. Raised traffic calming devices should not be installed on Place Road because of its collector street designation.

Traffic Impact Analysis for Villa Burano Area Plan I Annexation, Los Banos, CA (April 10, 2006)
Page29
252

APPENDIX
Traffic Impact Analysis for Villa Burano Area Plan I Annexation, Los Banos, CA (April 10, 2006)
Page30
253

ATTACHMENT C
SR 165 & DOVE STREETNINEYARD DRIVE TRAFFIC SIGNAL COST ESTIMATE - 1lla !3uranr- Me ure~
254

PRELIMINARY COST ESTIMATE
Traffic Signal Installation at SR 165 & Vineyard Dr/Dove St City of Los Banos
Date: 8/21/2025
By: S. Leung (Wood Rodgers)
NO. ITEM DESCRIPTION AMOUNT
1 Signal Poles, Mast Arms, Foundations, Signal and $ 440,000 Pedestrian Heads, Luminaires, Mountings 2 Pull Boxes and Conduits Installation $ 148,000
3 Accessible Pedestrian Signal (APS) $ 24,000
4 Controller Assembly $ 50,000
5 Service Enclosure and Equipment $ 12,000
6 Video Detection System $ 65,000
7 Emergency Vehicle Preemption Devices $ 18,000
8 Conductors and Cables $ 75,000
9 Signage $ 8,000
Subtotal $ 840,000
Design (5%) $ 42,000
TOTAL ELECTRICAL DESIGN AND CONSTRUCTION $ 882,000
Los Banos_20250822.xls 1 of 1
255

ATTACHMENT D
SYNCHRO 12 HCM 7 LOS AND QUEUE REPORTS
Northpom e Subd1v1 im Viii, Measure
256
Northpointe Los Banos
3: Place Rd & Dove St/Ward Rd
n ersection
Intersection Delay, s/veh
Intersection LOS
ovement
Lane Configurations
Traffic Vol, veh/h
Future Vol, veh/h
Peak Hour Factor
Heavy Vehicles, %
MvmtFlow
Number of Lanes
Opposing Approach
Opposing Lanes
Conflicting Approach Left
Conflicting Lanes Left
Conflicting Approach Right
Conflicting Lanes Right
HCM Control Delay, s/veh

HCM LOS
Vol Left, %
Vol Thru, %
Vol Right,%
Sign Control
Traffic Vol by Lane
LT Vol
Through Vol
RT Vol
Lane Flow Rate
Geometry Grp
Degree of Util (X)
Departure Headway (Hd)
Convergence, YIN
a
Service Time
CM Lane VIC Ratio
HCM Control Delay, s/veh
CM Lane LOS
HCM 95th-tile Q
HCM 7thAWSC
Wood Rodgers, Inc.

7.5 A
BL EBT
4+
4 44
4 44

0.92 0.92
2 2
4 48
0 1
EB
WB
1 SB
1 NB
1 7.4
A
NBLn1
71%
27%
2%
Stop
55 39
15 1
60 1

0.072

4.311
Yes
823

2.379

0.073

7.7 A

0.2 EBR
15 15

0.92 2
16 0
EBl.r11
6%
70%
24%
Stop
63 4
44 15
68 1

0.076

4.021
Yes
881

2.091

0.077

7.4 A

0.2 Cumulative Plus Project AM

WBT WBR SBT
4+ +ft
1 47 3 39 1 5 26 7
1 47 3 39 1 5 26 7

0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
2 2 2 2 2 2 2 2
51 3 42 1 5 28 8
0 1 0 0 0 0 1 0
we NB SB

EB SB NB
1 1 1

NB EB WB
1 1 1

SB WB EB
1 1 1

7.5 7.7 7.4
A A A
W8Ln1 SBLn1
2% 13%
92% 68%
6% 18%
stop Stop
51 38
1 5
47 26
3 7
55 41
1 1

0.064 0.047

4.131 4.11
Yes Yes
858 861

2.201 2.185

0.064 0.048

7.5 7.4
A A

0.2 0.1
Synchro 12 Report
257
Northpointe Los Banos
3: Place Rd & Dove St/Ward Rd
ntersection
Intersection Delay, s/veh
Intersection LOS
ovement
Lane Configurations
Traffic Vol, veh/h
Future Vol, veh/h
Peak Hour Factor
Heavy Vehicles, %
MvmtFlow
Number of Lanes
Opposing Approach
0 P.OSing Lanes
Conflicting Approach Left
Conflicting Lanes Left
Conflicting Approach Right
Conflicting Lanes Right
HCM Control Delay, s/veh

HCM LOS
ane
Vol Left,%
VolThru, %
Vol Right,%
Sign Control
Traffic Vol by Lane
LTVol
Through Vol
RTVol
Lane Flow Rate
GeomelfY Grp
Degree of Util (X}
beparture Headway (Hd)
Convergence, Y/N
Cap
Service Time
CM Lane VIC Ratio
HCM Control Delay, s/veh
CM Lane LOS
HCM 95th-tile Q
HCM 7thAWSC
Wood Rodgers, Inc.

7.6 A

EBL EBT
9 • 59
9 59

0.92 0.92
2 2
10 64
0 1
EB
WB
1 SB
1 NB
1 7.6
A
N8Ln1
49%
45%
5%
Stal)
55 27
25 3
60 1

0.072

4.332
Yes
816

2.415

0.074

7.8 A

0.2 EBR
45 45

0.92 2
49 0
EBL:n1
8%
52%
40%
Stop
113
9 59
45 123
1 0.133

3.901
Yes
910

1.966

0.135

7.6 A

0.5 Cumulative Plus Project PM

WBL WBT WBR NBL NBT NBR SBL SBT
4+ • ~
7 43 5 27 25 3 2 15 5
7 43 5 27 25 3 2 15 5

0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
2 2 2 2 2 2 2 2 2
8 47 5 29 27 3 2 16 5
0 1 0 0 1 0 0 1 0
we NB SB

EB SB NB
1 1 1

NB EB WB
1 1 1

SB WB EB
1 1 1

7.5 7.8 7.4
A A A
13% 9%
78% 68%
9% 23%
Stop Stol)
55 22
7 2
43 15
5 5
60 24
1 1

0.069 0.028

4.144 4.177
Yes Yes
855 843

2.216 2.272

0.07 0.028

7.5 7.4
A A

0.2 0.1
Synchro 12 Report
258

VILLA BURANO AREA PLAN EIR ADDENDUM
Appendix C -Amended Table 5-1 of Villa Surano Area Plan EIR 26 I Page
259
Summary Villa Burano Area Plan EIR
TABLE S-1
Summary of Impacts and Mitigation Measures
As approved by the Planning Commission on ____ _
Mitigated
Area of Impact Level of Mitigation Mitigation Measure to less than Concern Significance Number Significant
Level?

PROJECT-LEVEL IMP ACTS
Agriculture Project loss of Significant No mitigation available to reduce the No agricultural land; and impact to a less than significant level Prime Farmland Unavoidable
Air Quality Longterm Significant AQ-1 The developer shall prepare an Air No operational impacts and Emissions Reduction Plan that will Unavoidable include pollution reduction measures such
as planting deciduous trees on the south
and westerly facing sides of buildings and
in paved areas, compliance with all
applicable SJV APCD rules, installation of
natural gas and electrical lines and
connections in patio areas, and energyconserving, energy efficient, and/ or zero emissions design features.

Air Quality Longterm Significant AQ-2 Developers shall consult with Merced No operational impacts and County Transit regarding bus service to the Unavoidable project site. If Merced County Transit is
willing to provide bus service to the
proposed project, the project shall be
designed to provide turnouts to
EMC Planning Group Inc. S-6
260
Summary Villa Burano Area Plan EIR
Mitigated
Area of Impact Level of Mitigation Mitigation Measure to less than Concern Significance Number Significant
Level?
accommodate bus service.

Developers shall submit evidence of
consultation with, and a determination by,
Merced County Transit to the City of Los
Banos Planning Department prior to
approval of the final improvement plans.

Air Quality Construction Significant AQ-3 Prior to issuance of a building permit, dust Yes emissions (PM10) control requirements consistent with
SJV APCD District Rule VIII shall be
included in all construction contract
specifications to reduce significant levels of
construction-related hazardous air
ermss10ns.

Air Quality Construction Significant AQ-4 For the purpose of reducing diesel Yes emissions (PM10) particulates and acrolein emissions during construction, the developer shall require all
construction bids and contracts to retro-fit
the pre-1994 equipment with EPA certified
diesel oxidation catalyst filters.

Biology Interference with kit Potentially BIO-1 A field survey shall be conducted by a Yes fox movement Significant qualified biologist to determine if active kit fox dens are located on or within 150
meters (approximately 500 feet) of the
project site. If an active kit fox den is
detected within the survey area, the
USFWS will be contacted immediately to
determine the best course of action.

EMC Planning Group Inc. S-7
261
Summary Villa Burano Area Plan EIR
Mitigated
Area of Impact Level of Mitigation Mitigation Measure to less than Concern Significance Number Significant
Level?
Biology Interfere with kit fox Potentially BIO-2 Prior to commencement of construction Yes movement Significant activities and subject to review and approval by the Los Banos Community
Development Department, the project
applicant shall arrange for a qualified
biologist to inform workers of the potential
presence of San Joaquin kit fox, their
protected status, work boundaries, and
measures to be implemented to avoid loss
of these species during construction
activities. Avoidance and minimization
measures may include, but not be limited
to, measures identified in the U.S. Fish
and Wildlife Service Standardized
Recommendations for Protection of the
San Joaquin Kit Fox Prior to or During
Ground Disturbance (USFWS 1999).

Biology Interfere with Potentially BIO-3 Prior to approval of grading or building Yes burrowing owl Significant permits for development on the project site, if the project site has becomes fallow
and reverts to grassland vegetation, the
following measures shall be required: a
pre-construction survey shall be conducted
by a qualified biologist for burrowing owls
within 30 days of the on-set of
construction; If pre-construction surveys
undertaken during the breeding season
(February through July) locate active nest
burrows within or near construction zones,
EMC Planning Group Inc. S-8
262
Summary Villa Burano Area Plan EIR
Mitigated
Area of Impact Level of Mitigation Mitigation Measure to less than Concern Significance Number Significant
Level?
these nests, and an appropriate buffer
around them (as determined by a qualified
biologist) must remain off-limits to
construction until the breeding season is
over; during the non-breeding season
(August through January), resident owls
may be relocated to alternative habitat.

Biology Interfere with Giant Potentially BIO-4 The area plan shall be revised consistent Yes Garter Snake Significant with City of Los Banos General Plan Program OCR 7.3-F to include a buffer of at least 50
feet in width from the toe of the canal
facility.

Biology Interfere with Giant Potentially BIO-5 Prior to approval of any final maps or use Yes Garter Snake Significant permits for development on the project site, the project proponent shall prepare a
landscape plan for the buffer area for
projects adjacent to the San Luis Canal.

Biology Interfere with Potentially BIO-6 Subject to the review and approval of the Yes migratory birds Significant Los Banos Community Development Department, future development on the
project site shall not include buildings and
antenna towers exceeding 35 feet. If
structures taller than 35 feet are
determined to be necessary by the
approving agency, those buildings shall be
constructed under the guidelines presented
in Section 2.3, Biology.

EMC Planning Group Inc. S-9
263
Summary Villa Burano Area Plan EIR
Mitigated
Area of Impact Level of Mitigation Mitigation Measure to less than Concern Significance Number Significant
Level?
Hydrology Polluted urban Significant HY-I Subject to the review and approval of the Yes and Water runoff Los Banos Public Works Department,
Quality storm water drainage plans shall include
measures and Best Management Practices
(BMPs) to reduce the introduction of oils
and other contaminants to the Los Banos
storm water drainage system.

Noise Traffic noise from Significant NS-I With submittal of a tentative map for the Yes Ward Road residential lots along the extension of
Ward Road, the applicant shall also
submit the Ward Road design plans and a
preliminary grading plan, along with a
supplemental acoustical analysis
confirming the appropriate height of the
required sound wall along Ward Road.

Sound walls shall be no higher than seven
feet. If a seven-foot high wall does not
adequately mitigate the impact, the design
of the subdivision shall include a wider
setback from the roadway to achieve the
require noise levels.

Noise/ Secondary visual Significant NS-2 The design of Ward Road and the sound Yes Aesthetics impact associated wall shall include a landscape plan for with sound wall visually buffering the sound wall from the along ward road roadway. The width of the landscaped
area shall be determined by city planning
staff and a funding mechanism acceptable
to the city, such as a lighting and
landscape district, shall be implemented.

EMC Planning Group Inc. S-10
264
Summary Villa Burano Area Plan EIR
Mitigated
Area of Impact Level of Mitigation Mitigation Measure to less than Concern Significance Number Significant
Level?
Noise Commercial noise Significant NS-3 If specific commercial uses are proposed Yes that have potential to cause significant
noise impacts at nearby noise-sensitive
receivers, a detailed and site-specific
acoustical analysis shall be prepared and
submitted to the city planning department
at the time of site plan review or use
permit application.

Noise Ground vibration Potentially NS-4 Prior to the issuance of grading permits, Yes during construction Significant the grading plan shall include the following language, "Large bulldozers,
loaded trucks, or heavy equipment which
causes significant ground vibration will not
operate closer than 50 feet to an occupied
residence."
Fire Development Significant FS-1 Prior to the issuance of building permits Yes beyond the fire the project proponent shall submit
response time radii specifications for the development of a fire substation that will serve the project area
subject to reimbursement agreements with
other benefiting developments.

Traffic Unacceptable level Significant T-1 The Project develoQer shall be res:gonsible Yes of service at SR for i:,ayment of a fair share contribution of 165/Dove 14% towards the intersection
Street/Vineyard Ave imQrovements of the SR 165 /Dove
Street/Vineyard Drive intersection. The
sco12e of the intersection imnrovements
and subseg_uent fair share contribution
shall be limited to the followin2:

EMC Planning Group Inc. S-11
265
Summary Villa Burano Aroa Plan EIR
Mitigated
Area of Impact Level of Mitigation Mitigation Measure to less than Concern Significance Number Significant
Level?
roundabout and median im12rovements,
roadway surfacing im12rovements, and
lane stri12ing and :gedestrian crosswalk
stri12ing. The total cost estimate of the
intersection im12rovements shall be agreed
u12on by the City and the A1mlicant :grior
to the a1mroval and recordation of the
Phase 3 Final Ma:g. Additionally, the
costs shall NOT be credited against the
develoner's navment of the Citv-wide
traffic im:gact fees. Payment of the fair
share contribution shall be made in one
lum12 sum 12ayment and occur :grior to the
a1mroval of the Phase 3 Final Ma12.

Traffic Circulation design Significant T-2 The Project developer shall install active Yes resulting in potential transportation design elements, which will growth-inducing and consist of curb bulb-outs at a minimum, to safety impacts promote safer bicycle/ pedestrian
operations at the new Place Road/Ward
Road/Dove Street intersection.

Sewer Impact on Significant WW-I Prior to issuance of a building permit for a Yes wastewater new use within any tentative tract map or
treatment capacity vesting tentative tract map within the plan area, or approval of development requiring
a site plan review or other discretionary
approval, the city shall require the fair
share particioation of the developer in
EMC Planning Group Inc. S-12
266
Summary Villa Burano Area Plan EIR
Mitigated
Area of Impact Level of Mitigation Mitigation Measure to less than Concern Significance Number Significant
Level?
defraying the costs of improvements
necessary to assure the provision of
adequate wastewater treatment plant
capacity, including new costs associated
with expansion of the wastewater
treatment plant beyond a capacity of 4. 9
million gallons per day.

The costs and financing method shall be
developed as a part of the city's ongoing
study of wastewater infrastructure needs,
which will result in a wastewater treatment
plant expansion capital improvements
program. The study is expected to be
completed in 2007. The specific
components of the wastewater treatment
plant expansion and waste discharge
requirement permits are in the planning
stage at this time, but are expected to occur
within the area of the existing wastewater
treatment and discharge facilities or in
proximity to these facilities. The city will
enter into development agreements with
the developers, or condition approval of
any tentative subdivision maps upon
payment of appropriate fees, and will not
record final maps within this area until the
city has adopted the wastewater treatment
expansion program, cost schedule, and
financing plan, and issued construction
EMC Planning Group Inc. S-13
267
Summary Villa Burano Area Plan EIR
Mitigated
Area of Impact Level of Mitigation Mitigation Measure to less than Concern Significance Number Significant
Level?
contracts for the plant expansion. The
development agreements or conditions of
approval will require the fair share
participation of the developers in the
financing of the improvements. The
improvements may be financed through
increased connection charges, the payment
of new wastewater treatment plant
development fees, or the formation of a
benefit district such as a Mello-Roos
Community Facilities District. The city
will conduct additional environmental
review for the new wastewater
improvements to the extent required by the
California Environmental Quality Act.

For development approvals made prior to
the determination of the costs and fair
participatory shares, the city may require a
deposit, bond, or other security to
guarantee payment of the anticipated
share. The city shall ensure in any
alternative allocation method, that no
EMC Planning Group Inc. S-14
268
Summary Villa Burano Area Plan EIR
Mitigated
Area of Impact Level of Mitigation Mitigation Measure to less than Concern Significance Number Significant
Level?
building permits be issued that would
result in an increase in wastewater
generation beyond the capacity of the
plant at the time the permit is issued and
that provides for payment of the fair-share
of the cost of the plant expansion
attributable to those units for which
building permits are issued.

CUMULATIVE-PROJECTS IMP ACTS
Agriculture Cumulative loss of Significant No mitigation available to reduce the No agricultural land and impact to a less than significant level Unavoidable
Air Quality Longterm Significant AQ-1 The developer shall prepare an Air No cumulative and Emissions Reduction Plan that will
operational impacts Unavoidable include pollution reduction measures such as planting deciduous trees on the south
and westerly facing sides of buildings and
in paved areas, compliance with all
applicable SJV APCD rules, installation of
natural gas and electrical lines and
connections in patio areas, and energyconserving, energy efficient, and/ or zero emissions design features.

Air Quality Longterm Significant AQ-2 Developers shall consult with Merced No operational impacts and County Transit regarding bus service to the EMC Planning Group Inc. S-15
269
Summary
Area of
Concern
Traffic
Water
Supply
Impact
Unacceptable levels
of service at various
intersections in Los
Banos
Adverse cumulative
impact on water
quality
EMC Planning Group Inc.

Level of
Significance
Unavoidable
Significant
Significant
Mitigation
Number
CT-I
CWS-1
Villa Burano Area Plan EIR
Mitigation Measure
project site. If Merced County Transit is
willing to provide bus service to the
proposed project, the project shall be
designed to provide turnouts to
accommodate bus service.

Developers shall submit evidence of
consultation with, and a determination by,
Merced County Transit to the City of Los
Banos Planning Department prior to
approval of the final improvement plans. •
The Project would satisfy mitigation
measure CT-I by paying into the existing
City of Los Banos traffic mitigation fee
program and contributing fair share to
Merced County toward the signalization of
the SR 165/Henry Miller Avenue
intersection (if the County has a plan to
fund and construct a traffic signal at this
location).

Prior to issuance of a building permit for a
new use within any tentative tract map or
vesting tentative tract map within the plan
area, or approval of development requiring
a site plan review or other discretionary
approval, the city shall require the fair
share participation of the developer in
defraying the costs of improvements
necessary to assure the provision of
Mitigated
to less than
Significant
Level?
Yes
Yes
S-16
270
Summary Villa Burano Area Plan EIR
Mitigated
Area of Impact Level of Mitigation Mitigation Measure to less than Concern Significance Number Significant
Level?
potable water, including new costs
associated with provision of well-head
treatment or surface water acquisition.

No final maps within the area plan shall be
recorded until the city has either entered
into development agreements with the
developers of the area plan, or conditioned
approval of any tentative subdivision maps
upon payment of appropriate fees, and
adopted the water quality treatment
program, cost schedule, and financing
plan. The development agreements or
conditions of approval shall provide for
fair share participation of the developers in
the financing of the improvements. The
improvements may be financed through
connection charges, the payment of new
EMC Planning Group Inc. S-17
271
Summary Villa Burano Area Plan EIR
Mitigated
Area of Impact Level of Mitigation Mitigation Measure to less than Concern Significance Number Significant
Level?
water quality treatment development fees,
or the formation of a benefit district such
as a Mello-Roos Community Facilities
District. For development approvals made
prior to the determination of the costs and
fair participatory shares, the city may
require a deposit, bond, or other security
to guarantee payment of the anticipated
share. The city shall conduct additional
environmental review for the new water
quality treatment improvements to the
extent required by the California
Environmental Quality Act.

EMC Planning Group Inc. S-18

THIS PAGE IS INTENTIONALLY LEFT BLANK
272
273
l .

I .

I
t
•
Planning for Success.

FINAL ENVIRONMENTAL IMPACT REPORT

VILLA BURANO AREA PLAN
State Clearinghouse Number 2006011135

PREPARED FOR
City of Los Banos
September 2006
274
I.

VILLA BURANO AREA PLAN
Final Environmental Impact Report

PREPARED FOR
City of Los Banos
520 J Street
Los Banos, CA 93635
Tel 209.827 7000

PREPARED BY
EMC Planning Group Inc
301 Lighthouse Avenue Suite C
Monterey CA 93940
Tel 831.649 1799
Fax _831 649.8399
[email protected]
www .emcplanning.com
September 2006
275

TABLE OF CONTENTS
1 . 0 INTRODUCTION .. . .. . . .. . . .. . . . . . .. . . . . . .. . . . .... . .. . .. . .. . . . .. ... . .. . ... . . . .. 1 i i . 2 0 RESPONSE To COMMENTS . .. . .. .. . . . .. .. ... . .... . .. .. . . . .. .. .. . .. . ........ 1 3 0 CHANGES TO DRAFT EIR .. .. . .. .. .. ... .. ... .... .. .. .... .. ... .. ... ......... 1 Summary ... ....... ... ........ . . ........ .. . _- .... ............. . .. . .. .. . .. . . ... ... .. .. . . . . ...... 1 Air Quality ..... ..... .. . ........ . ...... ...... . . ............. .. . .. . ..... . . ... ... .. .. . ... ...... 1 Biological Resources ....... ...... .. . ...... .............. .. .. .... .. . ....... .. .. . ... ...... 3 Hydrology and Water Quality .. . ..... .. ............ .. .... .. .. .............. ... ...... 4 EMC PLANNING GROUP INC.
276
This side intentwnally left blank.

EMC PLANNING GROUP INC
I
f
277
!
I

1.0 INTRODUCTION
The City of Los Banos, acting as the lead agency, determined that the proposed Villa Burano Area Plan (hereinafter "proposed project") may result in significant adverse environmental effects, as defined by the California Environmental Quality Act (CEQA) Guidelines section 15064. Therefore, the lead agency had a draft environmental impact report (EIR) prepared to evaluate the potentially significant adverse environmental impacts of the project. The draft EIR was circulated for public review between June 30, 2006 and August 14, 2006, and public comment was received. CEQA Guidelines s·ection 15200 indicates that the purposes of the public review process include sharing expertise, disclosing agency analysis, checking for accuracy, detecting omissions, discovering public concerns. and soliciting counter proposals.

This final EIR has been prepared to address comments received during the public review period and, together with the draft EIR, constitutes the Villa Burano Area Plan EIR.

This final EIR is organized into the following sections:
• Section 1 contains an introduction to the final EIR.
• _ Section 2 contains written comments on the draft EIR, as well as the responses to those comments.
• Section 3 contains the revisions to the text of the draft EIR resulting from comments on the draft EIR.
• The Appendix contains the mitigation monitoring program.

EMC PLANNING GROUP INC. 1-1
278
1 0 lNTROPUCTlON
I
I
This side intentionally left blank.

I·
1 2 EMC PLANNING GROUP INC.
279
1·

2.0 RESPONSE To COMMENTS
CEQA Guidelines section 15088(c) states, "The response to comments may take the form of a separate section in the final EIR" This section is dedicated to presenting the comments and lead agency responses to those comments.

CEQA Guidelines section 15132(c) requires that the final EIR contain a list of persons, organizations, and public agencies that have commented on the draft EIR. A list of the correspondence received during the public review period is presented below CEQA Guidelines sections 15132(b) and 15132(d) require that the final EIR contain the comments that raise significant environmental points in the review and consultation process, and written response to those comments. A copy of each correspondence received during the public review period is presented on the following pages. The responses correspond to numbering systems in the letters or added along the left-hand side of the letter as necessary A response to each comment that raises a significant environmental point is presented immediately following the letter
The following correspondence was received during the public review period:
• California Department of Conservation (August 7, 2006); • San Joaquin Valley Air Pollution Control District (August 14, 2006); • Adams Broadwell Joseph & Cardozo (Grassland Water District) (August 14, 2006); • California Department of Fish and Game (August 14, 2006); and • California Department of Transportation (August 18, 2006).

Table 1 summarizes the significant environmental comments received in each comment letter EMC PLANNING GROUP INC 2-1
280
2 0 RESPONSE TO COMMENTS
Table 1 Commenting Agencies and Environmental Issues
Environmental Issues Commenting Agencies
I-< ~ u,
t> A V .... +-' ~ +-' 0 8 ro . 4-, V
~ 'c;J ~ tl 0 s <Zl
V i:rj § s i::;
~ '1:j'B ~ ro
~ V . ij"' vO ~ s 'O c,:j !9 ~o t'd
fr 0 er., 'g ij u Cl)
~ QU fr
p
Agricultural Resources ✓
Air Quality ✓
Biological Resources ✓ ✓
Water Quality ✓ ✓
Traffic/Transportation ✓
Source: City of Los Banos
I·
I
I ·
2-2 EMC PLANNING GROUP INC
281

STATE OF CALIFORNIA, RESOURCES AGENCY ARNOLD SCHWARZENEGGER, GOVERNOR TO
FROM.

DATE

SUBJECT
DEPARTMENT.OF CONSERVATION
DIVISION Of LANO RESOURCE PROTECTION
801 K STREET • MS 18-01 • SACRAMENTO, CALIFORNIA 95814
PHONE 916 I 324-0850 • FAX 916 / 327-3430 • TDD 916 / 324-2555 • WEBSITE conservation.co.gov Project Coordinator
Resources Agency
Richard James, AICP, Contract Planner
Los Banos Planning Department
520 J Street
L~:~s, CA 936~5
--~ ·.cO . .tr>~
Dennis J. O'Bryant; Actin Assistant Director
Department of Conservation, Division of Land Resource Protection August 7, 2006 •
Draft Environmental Impact Report·(DEIR) for the Villa Surano Area Plan SCH# 2006011135
The Department of Conservation's Division of land Resource Protection (Division) monitors farmland conversion on a statewide basis and administers the California Land Conservation (Williamson) Act and oth~r agricultural land conservation programs. The Division has reviewed the above DEIR and offers the following comments with respect to the project's potential impacts on agricultural land ..

The proposed project involves development of a 117 .8-acre site of agricultural land for residential and related supportive uses. The DEIR notes that the Division's Merced County Important Farmland map designates the entire project site as Prime Farmland The DEIR also notes that the entire site would be converted to urban uses upon project implementation and that there are no mitigation measures to reduce the impact The Division recommends that the City of Los Banos consider the purchase of agricultural conservation easements on land of at least equal quality and size as partial compensation for the direct loss of agricultural land, as well as for the mitigation of growth inducing and cumulative impacts on agricultural land. We highlight this measure because of its growing acceptance and use by lead agencies as mitigation under the California Environmental Quality Act. In addition, the use of conservation easement$ would be appropriate implementation for Los Banos' General Plan Objective OCR 1 Support prese,vation of existing agricultural lands at the periphery of the Los Banos Urban limit Line Purchase of conservation easements could also be inclu.ded as a condition of approval for residential or urban uses of land adjacent to agricultural uses (General Plan Policy OCR 2.2).

The Department of Conservation's missiO'fl; is to protect Californians and.their environment by Protecting lives and property from earthquakes and landslides; Ensuring safe mining and oil and gas drilling; Conserving California's farmland, and Saving energy and resources through recycling 282
Richard James, AICP, Contract Planner
August 7, 2006

Page 2 of 2 ends

Mitigation using conservation easements can be implemented by at least two alternative approaches the outright purchase of conservation easements tied to the project, or via the donation of mitigation fees to a local, regional or statewide organization or agency, ·includtng land trusts. and conservancies; whose purpose includes the purchase, holding and maintenance of agricultural conservation easements. For example, ·the Division's.

California Farmland Conservancy Program is authorized to accept donations of funds if the Department of Conservation is the designated beneficiary and it agrees to use the funds for purposes of the program in a county specified by the donor. Whatever the approach, the conversion of agricultural land should be deemed an impact of at least regional significance and the search for mitigation lands conducted regionally, and not limited strictly to lands within Atwater.

Information about conservation easements is available on the Division's website, or by contacting the Division at the address and phone number listed below. The Division's website address is:
·http.//www.conservation.ca.gov/DLRP/
Thank you for the opportunity to comment on the D1=.IR. If you have questions on our comments, or require technical assistance or information on agricultural land • conservation, please contact the Division at 801 K Street, MS 18-01, Sacramento, California 95814, or, phone (916) 324-0850
cc: Los Banos RCD
7 45 West J Street
Los Banos, CA 93635
283

VILLA BURANO AREA PLAN FINAL BIR
Response to California Department of Conservation
The Department of Conservation's comments regarding the loss of prime farmland and potential mitigation options is acknowledged. The Los Banos General Plan contains a number of policies designed to reduce effects of the city's growth on surrounding agriculture. These include recognizing the right of continuing agriculture within the urban limit line (Policy LU 8.3, Program LU 8.3-A); resisting pre-mature conversion of agricultural lands within the urban limit line (Policy LU 15.1. Policy LU 15.2, Policy LU 15 4, Program LU 15.4-A, Policy LU 15.5, Policy 15.6); buffering of agricultural lands within the urban limit line from urban uses (Policy

16.1, Program LU 161-A, Policy 16.2, Program LU 16.2-A); encouraging fewer but larger annexations with a greater level of planning (Policy LU 18.1, Program LU 18.1-A); preservation of existing agricultural lands at the periphery of the City's area of interest (Policy OCR 11, Program OCR 11-A, Program 11-B, Program 11-C); avoiding urban uses directly adjacent to agricultural uses outside the urban limit line (Policy OCR 2.1, Program OCR 21-A, Policy OCR

2.2, Program OCR 2.2-A, Program OCR 2.2-B, Program OCR 2.2-C); and guide urban development toward vacant land within the urbanized area (Policy OCR 3 1).

The City of Los Banos has previously considered the use of conservation easements, but determined that their use would not be feasible. This is a policy issue that the city may want to reconsider as they update their general plan.

The Los Banos General Plan policies and programs would apply to the proposed project and serve to reduce the proposed project's effects on prime agricultural resources, although not to a less than significant level. As conduded in the draft EIR, the proposed project would have a significant and unavoidable impact on agricultural resources, and the city is required to adopt a statement of overriding considerations if the project is approved.

EMC PLANNING GROUP INC 2-5
284
Sari Joaquin Valley
Air Pollution Control District
August 14, 2006
City of Los Banos Planning Department
Attention: Mr. Richard James, AICP, Contract Planner
·520 J Street
Los Banos, CA 93635
Subject· Draft EIR for Villa Surano Area Plan
SCH #2006011135
Dear Mr James·
District Reference#· C200601549
The San Joaquin Valley Unified Air Pollution Control Distr-ict (District) has previously commented on this project (District Reference Nurnber C20060217, mailed on March 1, 2006, for City of Los Banos, Villa Surano Area Plan), it appears that our comments have been adequately addressed • The o·istrict offers the following comments in addition to previous comments , It was noted during our review that a number of rneasures were listed as mitigation measures These measures should not be considered mitigation measures since they are already required by District regulation. Adhering to the requirements of District rules should be considered compliance rather than mitigation. Mitigation is those measures taken to lower emissions above and beyond what is required by compliance with District rules The District believes this distinction is important because mitigation measures will require the preparation of a mitigation monitoring program that provides the schedule for implementation and the enforcement mechanism In future documents, the District recommends that compliance with District rules should be stated separately in the air quality discussion District staff is available to meet with you and/or the applicant to further discuss the regulatory requirements that are associated with this project. If you have any questions or require further information, please call me at (559) 230-5800 or Mr Dave Mitchell, Planning Manager. at (559) 230-5807 and provide the reference number at the top of this letter Sincerely,
~~·
Elena Nuno
Air Quality Specialist
Central Region
C'file
Northern Rcgron Office
4800 Enterprise Way
Modesto. CA 95:ISC.-8718
(2091 557-(,400 • FAX (209) 557-li47'i
Central Region Office
l'J'JO East Gettysburg Avenue
Fresno, CA 9]726-0244
(.55')) 230-6000 • FAX (SS9} 230-6061
• www. v,11/eyair.ory,
Southern Region Office
2700 M Street, Sur le 27.5
Bakersfield, CA 93301-2373
(661) 326-6900 • FAX (661 I 326-6985
285
1 - ,

VILLA BURANO AREA PLAN FINAL EIR
Response to San Joaquin Valley Air Pollution Control District This comment is acknowledged. Future environmental documents will address air district regulations as compliance issues, not as mitigation measures.

EMC PLANNING GROUP INC 2-7
286

DANIEL L CARDOZO
RICHARDT. DRURY
THOMAS A. ENSLOW

ADAMS BROADWELL JOSEPH & CARDOZO A PROFESSIONAL CORPORATION TANYA A. GULESSERIAN
MARC 0. JOSEPH
OSHA R. MESERVE

SUMA PEESAPATI
GLORIA D. SMITH

ATTORNEYS AT LAW
1225 8th STREET, SUITE 550
SACRAMENTO, CA 95814 4810
TEL : (916) 444-6201
FAX :' (916) 444-6209
SO . SAN FRANCISCO OFFICE
601 GATEWAY BLVD. SUITE 1000
SO SAN FRANCISCO, CA 94080
TEL: (650) 589 1660
FAX . (650) 589 5062
CD

OF COUNSEL
THOMAS R. ADAMS

ANN BROADWELL
omes erve@a d am s' b roa dwell . com
August 14, 2006
VIA FACSIMILE AND U.S. MAIL
Richard James
Community Development Department
City Hall
520 J Street
Los Banos, CA 93635
Re: Villa Burano Area Plan Draft Envirbnmental Impact Report Dear Mr. James
• This firni represents the Grassland Water District ("GWD") and the Grassland Resource Conservation District ("GRCD") (collectively, "Distri.cts") This letter provides the Districts' comments on the Villa Burano Area Plan ("VBAP") Environmental Impact Report "("EIR") prepared pursuant to the California· Environmental Quality Act (Pub Resources Code, § 21000 et seq ("CEQA"))
GWD is a California Water District that provides water to wildlife refuges, duck clubs and some agricultural lands 1n Merced· County. GWD contains approximately 60,000 acres of privately owned wetlands located north, east and south of the City of Los Banos GWD is charged under state law and federal contract with the responsibility to manage water resources and carry out conservation programs in order to preserve and protect this res.ource, primarily as habitat for waterfowl from around the globe and other local wildlife species. Additional detail about GWD and the resources of the Grasslands Ecological Area ("GEA") are included in the District's comments on the ·Notice of Preparation ("NOP") for the VBAP EIR. 1124-489d
Vprlnted on recycled paper
287
Richard James
City of Los Banos
Community Development Department
August 14, 2006
Page- 2
Storm Water Drainage
In its NOP comments, GWD requested that the EIR clarify how storm water from the VBAP would be managed The DEIR indicates that the proposed project would connect to the existing storm drainage system at Quail Street and Place Road, which drains to the San Luis Canal (DEIR, p 2 66) According to the DEIR, "GWD is obligated to accept up to 91.5 cubic feet per second [cfs] of city storm water discharge from the St. Francis Estates system" (DEIR, p 2-66) Furthermore, the DEIR explains th~t the City "believes it c-an adequately control discharge rates and maintain those rates within the agreement." (DEIR, p 2-66 )
Under GWD's existing agreement regarding City storm water drainage, GWD is obligated to accept up to 91 5 cfs of City storm water from all discharge points (not just the St. Francis Estates system) The City's discharge rates are not currently measured and GWD remains concer.ned that current City storm water flows may already exceed ·contracted flows.

Management of the City's storm water requires GWD to expend significant resources GWD requests that the City provide _facts and analysis to support the conclusion in the DEIRthat VBAP stor·m water flows will, in· fact, fall within currently contracted limits GWD also recommends that the City require metering of VBAP storm water discharges as a condition of project approval.

Drainage water in GWD-operated facilities is regulated under the State's Conditional Waiver for Irrigated Lands. Management of the City's storm water subjects GWD to potential liability for water quality contamination that the City's storm-water discharges may contain. More specific information should be provided about how the VBAP will minimize pollution of storm water that flows into GWD-operated facilities 1124-489d
288
Richard James
City of Los Banos
Community Development Department
August 14, 2006

Page 3 ends

GWD 1s currently in discussions with the City regarding an update of the current storm water contract GWD seeks.a new contract that properly accounts for the volume of the City's current and projected storm water flows, (D • and_ accounts for the ·costs and liabilities incurred by GWD to safely manage continued the City's storm water As the City continues to approve new development projects that also drain to GWD, the urgency of revising the current contract increases
Pacific Flyway Resources
The DEIR includes a discussion of migratory birds that visit the GEA e0-ch winter (DEIR, pp 2 47 to 2-48) The DEIR also includes feasible mitigation to lessen the impacts of the project on migratory birds (DEIR, pp 2-51 to 2 52) The Districts appreciate the City's recognition of, and efforts to protect, this incredibly valuable and unique biological resource. ***
Please contact me if you have any questions about the information in this letter
Very truly yours,
();i-~ /Ui,____
Osha R. Meserve
ORM cnh
cc Mayor Michael Amabile
Don Marcioch1, Grassland Water District and
Grassland Resource Conservation District
1124-489d
)-
289
I
I.
'·

VILLA BURANO AREA PLAN FINAL EIR
Response to Adams Broadwell Joseph & Cardozo (Grassland Water District) 1 Comment noted. •
2, The draft EIR is incorrect on page 2-66 and has been con-ected. 3 In order to allow for sufficient time for the City of Los Banos and Grassland Water District to finalize updating the current storm water contract, a mitigation measure has been added to the EIR requiring the current agreement to be revised prior to issuance of grading permits for the project.

4. Comment noted.

EMC PLANNING GROUP INC. 2-11
290
CD
State of California The Resources Agency

DEPARTMENT OF FISH AND GAME
http: / /www.dfg.ca.gov
1 234 East Shaw Avenue
Fresno, CA 93 710
{559) 243-4014
August 14, 2006
Richard James, AICP
Community Development Department
City of Los Banos
520 J Street
Los Banos, California 93635
Dear Mr James
ARNOLD SCHWARZENEGGER. Governor
Villa Surano Area Plan Draft Environmental Impact Report {DEIR), SCH#2006011135
The California Department of Fish and Game (Department) has reviewed the DEiR submitted by the City of Los Banos for the above mentioned Project. This Project includes a general plan amendment and development of 114 5 acres into 634 residential homes, two acres of commercial retail and 10 74 acres of neighborhood parkland · The Project site is bounded by Westminster Way to the west, the San Luis Canal to the east, San Simeone Way to the north and the East Los Banos Area Plan to the south
The Department has concerns about Project related impacts to sensitive species and habitat as a result of Project implementation Our com·ments follow Trustee Agency Authority: The Department is a Trustee Agency with the responsibility under the California Environmental Quality Act (CEQA) for .commenting on projects that could impact plant and wildlife resources. Pursuant to Fish and Game Code Section 1802, the Department has jurisdiction over the conservation, protection, an~ management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species . As a Trustee Agency for fish and wildlife resources, the Department is responsible for providing, as available, biological expertise to review and comment on environmental documents and impacts arising from project activities as those terms are used under CEQA.

Responsible Agency Authority: The Department has regulatory authority over projects that could result in the "take" of any species listed by the State as threatened or endangered pursuant to Fish and Game Code Section 2081 . If the Project could result in the "take" of any species listed as threatened or endangered under the California Endangered Species Act (CESA), the Conservi-ng California's WiW{ife Since 1870
' i
I
291
CD
continued
0 l
I •
0 Richard James
August 14, 2006

Page 2 ends

Department may need to issue an Incidental Take Permit for the Project. CEQA requires a Mandatory Finding of Significance if a project is likely to substantially impact threatened or endangered species (Sections 21001{c}, 21083, Guidelines Sections 15380, 15064, 15065) Impacts must be avoided or mitigated to less than significant levels unless the CEQA Lead Agency makes and supports Findings of Overriding Consideration (FOC) The CEQA Lead Agency's FOC does not eliminate the Project proponent's obligation to comply with Fish and Game Code Section 2080- State-listed species potentially occurring iri the Project area and vicinity include the State and Federally threatened 9iant garter snake (Thamnophis gigas}, the State threatened Swainson's hawk (Buteo swainsom), and the State threatened and Federally endangered San Joaquin kit fox (Vulpes macrotis mutica) •
Unlisted Species: Species of plants and animals need not be officially listed as Endangered, Rare, o~ Threatened (E, R, or T) 011 any state or federal list to be considered E, R, or T- under CEQA. If a species can be shown to meet the crUeria for E, R, or T as specified in the CEQA Guidelines (California Code of Regula,tions, Title 1'4, Chapter 3, and Section 15380), it should be fully considered in the environ!Tiental analysis for the Project. The State Species of Special Concern Western pond turtle (Actinemys marmorata) and the State Species of Special Concern burrowing oWI (Athene cunicularia) are known to occur in the Project area vicinity
General CEQA Compliance
Several mitigation measures described in the DEIR state that each measure is "subject to the review and approval of the Los Banos Community Development Department." The Department finds this statement unacceptable. The implementation of mitigation measures should not be subject to the future review of committees nor are they contingent upon approval by such agencies or committees; ill order to comply with CEQA, mitigation measures must be fully developed and identifiE!d in the CEQA document prepared for a project and must be enforceable by the lead CEQA agency Making potential mitigation measures subject to future approval implies that in the event that such approvals do not occur, no mitigation would occur This could mean that many identified impacts • would not be mitigated and subsequently would elevate the overall Project related impacts beyond those identified in the DEIR.

Potential Project Impacts and Recommendations
292
Richard James
August 14, 2006

Page 3 ends

Grasslands Ecological Area: The Department is concerned about the proximity-of the proposed development to the Grasslands Ecological Area (GEA), a 230,000 acre complex of State and Federal refug·es and privately owned wetlands The GEA boundary is a non-jurisdictional boundary which has been designated by the United States Fish and. Wildlife Service (USFWS) as a priority area for protection and enhancement. The GEA is comprised of wetlands, riparian woodlands, native grasslands, vernal pools, and other habitats which support abundant and diverse wildlife, including numerous Threatened and Endangered plants and animals. The area also provides critically important wintering and breeding habitat for migratory waterbirds utilizing the Pacific flyway Encroachment of incompatible land uses, such as urban development, in and adjacent to this sensitive area will ultimately degrade the habitat quality of this area. The eastern boundary of the Project area falls within the one mile buffer zone recommended in the Grassland Water District Land Planning Study The 1995 study recommends that:
" .all uses within the one to two mile buffer zone be resource neutral or resource beneficial, and that no resource negative uses be permitted by county, city or community plans within the buffer area.

Resource beneficial means that land uses in the area should directly benefit the species of interest and should minimize or eliminate all sources of adverse impacts. Resource beneficial land uses include natural wetlands, upland, managed duck clubs, irrigated pastures .and some types of cultivated agriculture.

Resource neutral means land uses that may or may not provide a · direct benefit, but do not create adverse impacts, and act to buffer the resource beneficial areas from the effects of the urban uses. Resource neutral land uses are primarily cultivated agriculture, _such as rice.

Resource negative uses have little or no habitat value and result in adverse impacts. Resource n'egative uses encompass most urban uses, including residential, commercial and industrial, as well as developed parks, bicycle trails, and golf courses."
The Department recommends that future development of the city of Los Banos occur to the western portion of the city° and away from ecologically sensitive areas like the GEA. If development is allowed to occur within the one mile buffer, 293
Richard James
August 14, 2006

Page 4 ends

the Department recommends that fhe remaining land between the eastern boundary of the project and the GEA boundary be acquired and protected in perpetuity by conservation easements to prevent further degradation of the GEA Canals and Wetlands: As stated in the DEIR, the proposed Project will increase storm water and polluted runoff discharge into the San Luis Canal during construction and at build-out Water discharged into the San Luis Canal, ultimately reaches the GEA and the San Joaquin River. Grasslands Water District a·nd the Department are required to meet certain water quality objectives for the San Joaquin River, and additional discharges or different discharges of degraded water quality should be addressed in the Environmental Impact" Report (EIR) Water from .the canal, as well as the canal itself, provides habitat for rare and threatened species including, but not limited to, the Western pond turtle and the giant garter snake. This water is also used to flood wetlands within the GEA.

It is unclear what "measures and Best Management Practices" will be included to reduce the contamination of the water dis.charged into the San Luis Canal (HY-1, page 2-71) The potential change in water quality as a result of this Project and its effect on sensitive aquatic plants and animals as well as the potential for subsequent habitat degradation should be presented· in the EIR. A detailed description of the "measures and Best Management Practices" should also be included.

Giant Garter Snake: This State and Federally Threatened species is known to inhabit, or use as dispersal corridors, areas in the San Luis Canal and smaller water delivery ditches near it. Construction activity within 200 feet of giant garter snake habitat could result in "take" of snakes and a State Incidental Take Permit may be required. The Service's Standard Avoidance and Minimization Measures during Construction Activities in Giant Garter Snake Habitat should be followed Construction activities should be conducted between May 1 and October 1 to fall within the activity period of the snake and surveys should be conducted by qualified biologists 24-hour~ prior to the start of construction.

Mitigation measure B1O-4 states that a 50 foot buffer will be created to protect giant garter snake habitat. The Department recommends the buffer be extended to a minimum of 200 feet. This would protect snake habitat and decrease the likelihood of take occurring as a result of construction activities and residential uses
The Department disagrees with the construction of "a recreational pathway not to exceed 12 feet in width" within the buffer area Such a pathway wo"uld defeat the purpose of the buffer and effectively reduce the distance between the edge of the 294
©
continued
(J)
Richard James
August 14, 2006

Page 5 ends

San Luis Canal and the residential area to less than 38 feet. If a pathway is to be constructed, the buffer should start from the eastern edge of the pathway and continue to the canal uninterrupted
Mitigation measure 810-.5 states that a landscape plan for the buffer area will be prepared prior to final map approval. As stated earlier, in order to comply with CEQA, mitigation measures must be fully developed and identified in the CEQA document prepared for a project and must be enforceable by the lead CEQA ·agency. Further, it is unclear who will be reviewing and approving this landscape plan. The landscape plan should be included in the CEQA document and available for public review.

Take under the Federal Endangered Species Act (FESA) is more stringently defined than CESA, take under FESA also includes significant habitat mod!fication or degradation that could result in death or injury to a listed species by interfering with essential behavioral patterns .such as breeding, foraging, or resting. Consultation with the USFWS, in order to comply with FESA, is also advised well ahead of Project implementation.

Swainson's Hawk: The Project site is within five miles bf numerous active Swainson's hawk nests. Due to the loss of suitable foraging that will occur as a result of this Project, mitigation should occur The Department's Staff Report Regarding Mitigation for Impacts to Swainson's Hawks (1994) recommends that for projects that occur within five miles of an active nest tree that 0.75 acres of habitat be protected in perpetuity for every acre of foraging habitat impacted In addition to providing foraging habitat for Swainson's hawks, set aside land will also benefit other raptors in the area thc1,t use the same habitat, such as burrowing owls. ,Funding of a sufficient long-term endowment for the management of the protected properties should be paid by the Project sponsors In addition to fee title acquisition of grassland habitat, mitigation could occur by the purchase of conservation or suitable agricultural easements Suitable agricultural easement$ would include areas limited to production of crops such as alfalfa, dry land and irrigated pasture, ~nd cereal grain crops. Vineyards, orchards, cotton fields, and other dense vegetation do not provide adequate foraging habitat.

Burrowing Owl: The proposed mitigation measure for burrowing owl (B1O-3) identifies the breeding season as being February through July and the nonbreeding season as being August through January According to the Department's Staff Report on Burrowing Owl Mitigation (1995), the breeding 295
j,
® ,
continued
Richard James
August 14, 2006

Page 6 ends

season is February through August and the non-breeding season is September through January It is recommended that surveys be conducted beyond August due to the possibility of females laying a second clutch of eggs late during the breeding season.

The Department's Staff Report on Burrowing Owl Mitigation als'? requires that' a minimum of 6.5 acres of foraging habitat per pair or unpaired resident burrowing owl be acquired and permanently protected to offset the loss of foraging and burrowing habitat •
If you have any questions regarding these comments, please contact Justin Sloan, Environmental Scientist, at the address or telephone number (extension 216) provided on this letterhead
Sincerely,
~~
~ E. Louder~ilk
Regional Manager
cc. Susan Jones
United States Fish and
Wildlife Service
2800 Cottage Way, W-2605
Sacramento, California 95825
Osha Meserve
Adams Broadwell Joseph and Cardozo
1225 8th Street, Suite 550
Sacramento, California 95814-,4810
Grasslands Water District
22759 South Mercey Springs Road
Los Banos, California 93635 •
John Beam
Department of Fish and Game
296
Literature Cited
DFG, 1994 Staff Report Regarding Mitigation for Impacts to Sv.tainson's Hawks (Buteo swainson,) in the Central Valley of California California Department of Fish and Game.

DFG. 1995 • Staff Report on Burrowing Owl Mitigation. California Department of Fish and Game.

Thomas Reid Associates, 1995 Grassland Water District Land Planning Study USFWS. Standard Avoidance and Minimization Measures During Construction Activities in Giant Garter Snake (Thamnophis gigas) Habitat. United States Fish and Wildlife SeNice
r
l
297

VILLA BURANO AREA PLAN FINAL EIR
Response to California Department of Fish and Game
The California Department of Fish and Game did not provide comments on the notice of preparation
1 Comment noted
2 Potential effects on the burrowing owl are discussed in Section 2.3, Biological Resources, of the draft EIR. Impacts and mitigation measures are presented on pages 2-49 and 2-50 of the draft EIR. The nearest documented occurrence of western pond turtle is approximately one mile northeast of the project site, within the wetland complexes of the Los Banos Wildlife Refuge Suitable habitat for this species includes calm waters such as streams or pools with vegetated banks and baskmg sites such as logs or rocks This species also needs suitable upland habitat (sandy banks or grassy open fields) for egg-laying. The San Luis Canal, located just east of the project boundary, does not provide suitable habitat for this species The project site is currently, and has historically been, used for growing cotton Upland habitat for this species is not present.
3 The City of Los Banos is the CEQA lead agency and as such, the Los Banos Community Development Department, which is not a committee, is the appropriate city department to approve and monitor the implementation of mitigation measures. All mitigation measures in the draft EIR are subject to the review and approval by the City of Los Banos. The mitigation measures are fully enforceable through permit conditions, agreements, or other legally binding instruments, as required by CEQA Guidelines section 15126.4(a)(2). 4 When the 1995 Grassland Water District Land Planning Study was prepared, the City of Los Banos plannmg area extended east of the San Luis Canal (1989 planning area). When the city adopted their general plan update in 1999, the planning boundary was limited to development west of the San Luis Canal, in response to Grassland Water District's concerns about development encroachment on the Grasslands Ecological Area (GEA), with two exceptions. The first exception is the city's existing wastewater treatment plant in the northeast area of the city The second exception is a large rectangular parcel immediately northeast of SR 152 and the San Luis Canal, which is currently designated for industrial development The city is currently updating their 1999 general plan, and the proposed . land use map shows that "industrial" parcel being redesignated "agricultural/rural", which would limit all new development to the west of the San Luis Canal. In addition, all new development is being planned to the north, south, and west of the city The attachments show the pre-1999 planning boundary, the existing planning area map, and the currently proposed general plan land use map associated with the general plan update It is important to understand that the currently proposed general plan EMC PLANNfNO GROUP INC 2 19
298
~xed to
fpes of
on the
299
~ 0 3,500feet
•••
~--·, I • ; !
i \. .. ,_,_,_ i
i
\
\ ·-·-
Stale Route 152
Pioneer Road
City Limit Line
------·· Urban Limit Line
Source. EMC Planning Group Inc. 2006, MCAG 2005, City of Los Banos 2005 Figure 2
Project Vicinity
Villa Burano Area Plan EIR
300
, II rr tJ 1t i S 'T t.i O ,r
,trll £,-
....,'
M,y 16.1006
It
EB

LOS BANOS
Draft Preferred Plan
Land Use Diagram
LJ Low D.ensfty Residential
C:=J Medium Oensft:y Resickntial
. H;gt, Density Resldendal
- Commercial - Neighborhood Commercial
Q Offic:.e/Professional
-l"lln<!U.e
c:J Dowmown Moood Use
~ Emp1oyment Park
~lndustrf>.I
c:J Ovlc/lnstl'cutlonal
Parb,T~ns & Optn Space.
f ~..-,{i ] Agrlculturr/Rural
WJa :~=
1 Develo~e
fif,g§ff Gl"is:s'3nds EcologialArea
~ SR I 52 Bypass Conidor
•••-•Business Opportunity Area
--Anffl>l l\oad
--CotlectOr" Rold
1S00 JOOI)
301
I

VILLA BURANO AREA PLAN FINAL EIR
land use map is a draft and has not been adopted by the City of Los Banos. However, it does present the city's existing planning efforts in focusing development to the west of the San Luis Canal
The City of Los Banos would not be opposed to the California Department of Fish and Game and/ or the Grassland Water District or the Grassland Resource Conservation District acquiring and protecting the land between the GEA and the San Luis Canal for a conservation easement, with the exception of the city's wastewater treatment plant. 5 The City of Los Banos falls under the National Elimination Discharge System (NPDES) Phase II requirements for small municipalities with separate storm water disposal systems.

Under NEPDES Phase II requirements, the City is required to implement best management practices to .reduce pollutants to "maximum extent practicable." Best management practices implementation under each of the following six minimum control measures is required. public education, public involvement, illicit discharge detection and elimination, construction, post-construction, and pollution prevention/good housekeeping.

Examples of best management practices applicable to the proposed project include street sweeping, cleaning of storm drain inlets, reduction of irrigation run-off (the City has an alternate-day watering schedule, and typical conditions of approval require droughtresistant landscaping and use of turf only in areas of logical need), erosion control, and dust control (the City requires erosion and dust control programs as a .condition of approval), At the St Francis Estates basin, sediment settles out to a great extent prior to discharge to the canal,

6. Potential impacts to the giant garter snake are addressed on pages 2-44 and 2-47 of the draft EIR. A habitat assessment prepared for a project south of the Villa Burano project site along the San Luis Canal, titled Assessment for Giant Garter Snake Habitat at Los Banos Unified School District 2nd High School Site, Los Banos, California (Dana Bland and Associates 2005), concluded that the high school site and adjacent canals and ditches lack one or more of the habitat components that giant garter snake require to complete their life cycle.

The proposed project is located on a parcel similar in nature to the school site, with residential neighborhoods to the north and west of the project site, developing residential to the south, and the canal to the east. Discing of the agricultural fields on the project site has similarly reduced the viability of potential upland habitat. Based on this information and a similar field assessment of habitat conditions at the project site, it was concluded that impacts to upland habitat for giant garter snake are not expected The San Luis Canal itself, however, may provide marginal aquatic habitat and a giant garter snake may rarely disperse or migrate within the channel. Because of the small possibility an individual may EMC PLANNING GROUP INC. 2-23
302
2 0 RESPONSE TO COMMENTS
be present within the canal, the project applicant is required to be consistent with General Plan policy OCR 7.3-F, which requires a buffer of at least 50 feet in width from the toe of the canal facility This buffer is similar to those proposed and under construction south of the proposed project1 as well as with existing development immediately to the north 7 Vineyards, mature orchards, and cotton fields support low prey populations or excessive vegetation density are not considered suitable foraging habitat (Woodbridge, B. 1998.

Swainson's Hawk (Buteo swainsom). In The Riparian Bird Conservation Plan a strategy for reversing the decline of riparian-associated birds in California. California Partners in Flight. http://www.prbo.org/calpif/htmldocs/ riparian__v-2.html.) The project site has historically, and is cmTently, in cotton production (pages 1-2, 2-6, 2-9, and 2-115 of the draft EIR). Mitigation for loss of foraging habitat is therefore not required. 8 As noted on pages 2-44 and 2-49, burrowing owl habitat includes large open, dry and nearly level grasslands or prairies with short to moderate vegetation height and cover, areas of bare ground, and populations of burrowing mammals. The project site is currently farmed to the field margins and no burrowing owls have been observed at the project site No recorded occurrences are documented on the project site. However, if the project site is left fallow for an extended period of time, suitable habitat may develop prior to grading or construction activities. If the project site is allowed to grow fallow, a preconstruction survey for burrowing owl is necessary to determine if the species is present. If the project site is not allowed to grow fallow; no survey is needed.

The commentor notes that the months identified as the breeding and wintering seasons are incorrect and that if a resident owl is found during surveys additional habitat mitigation may be req~ired per general plan EIR mitigation measure 6.2.3.a (4). The mitigation measure has been revised to reflect these corrections.
2-24 E MC PLANNING GROUP INC.
303
08/18/2006 12 57 l 2099487l54 CALTRANS PAGE 02/03
STA n: 01' CA WORN[,\ eusa::ress. TRANSP.9.RT.A.TJD.l:i.◊i'.:!R HOtJSINO i\QENCY DEP ARTME.NT OF TRANSPORTATION
P.O. BOX 2048 STOCKTON, CA 95201
(1976 E. CHARTER WAY/1976 E. DR. MARTIN
LUTHER KING JR. BL VD. 95205)
ITY, California Relay Service (800) 735-2929
PHONE (209) 941-1921
Fluyourpowcrl
Be energy efficient!
FAX (209) 948-7194
CD
August 18, 2006
Mr. Richard James
City of Los Banos
Community Development Dept.
520 J Street
Los Banos, CA 93635
Dear Mr. James:
10-MER-152-165-PM VAR
DEIR Villa Burano Area Plan
SCH No. 2006011135
The California Department of Transportation (Caltrans) appreciates the opportunity to review and comment on the Draft Environmental Impact Report (DEIR) for the proposed Villa Burano Area Plan project. The Villa Burano. Area Plan involves development on approximately 125 acres within the Los Banos Sphere· of influence, located in the area cast of State Route (SR) 165, immediately west of the San Luis can.al. north of Overland Road. This mixed use project combine res.identfal use (634 si.ngle-famiJy residences) with limited comme1:'Cial use (i.e. two acres of locally serving commercial)~ will replace site development under the General Plan which at average densities, yield development of 589 single family residences.

We have .circulated copies of the plans and supporting documentation to our functional un.its for review. Caltrans has the following comments:

Traffic Operations
Based on the field investigation. on July 18, 2006, the following needs to be addressed for fiuther review·
• Figure 3, Existing Traffic Volumes and Lane Configurations at intersections 3 and 5 are incorrect. Ple3:Se make the necessary corrections and provide existing photos.
, • Input/output HCM data report to verify LOS, Average Control Delay, Volume to Capacity Ratio (less than 1), Actuated Cycle Length (less than 120), etc. Please provide a hard copy of the report.

Degraded of Level of Service (LOS) intersections shall pay fair share for jmprovement of SR 165
,, .... I.- OJ.,. 304
08/18/2006 12 57 l 2099487154 CAL TRANS PAGE 133/1:;3
Mr. Richard James
August 18, 2006
Page).

Envlromnental
• The DEIR identifies potenti.a.lly significant impacts to the following enviro:nm.ental tesources: Agriculture (loss of imp◊rtant farmJaT.J.ds), Air Quality (ozone precursors), and Transportation (inad·equate LOS on SR 165 and at the intersections of Dove Str.e.et I Vi.tteyard Avenue and·a.t Heney Miller Avenue. Santa Barbara Street, and Wilmont A venue,
• Caltrans has the respo:osjbility for the maintew.i,nce and operation of State and lntetst.ate highways withjr.1 CaJiforn1a. Any proposal that would affect that, or environment .resources within the existing highway right-of-way, is of con~ern. to the department. The project as proposed will Hktly have impact.s to tbe operation of SR 16Sj. and to SR 152 in. the :futl.lre (Bypass), Six intersections witb SR 165 a.r.e curren.tly controlled by stop signs, The City propos~s that in the futurei these interseotions shou.Jd be signalized based upon i.n.crc:ased population. growth. The decision. as to whether these intersections wm meet warrants in the future will be confer.red by C~ltrans Traffic c.perations. If the proponent p.1ans to make suoh, improvements in the future, an application. for an En.croachl'l,'lent Peonit will need to be submitted to Caltrans, a_(}c.ompanied by adequate studies of potential impacts to environmental resources within. existing highway right-of-wa.y·(biological an~ cultu.ral, as well as haiardouei waste). •
Please contact Jan.et P. Jaram.illo at (209) 942•6022 ( em.ail: j·[email protected]) or m.c at (209) 941-1921. We look forward to continuing to work with you in a cooperative manner
Sincerely~
TOM OUM.AS,. Chief
Of.fi.ce of Intermodal Planning
c: Scott Morgan, State Clearinghouse
I i.
305
I ! .

I·
l

VILLA BURANO AREA PLAN FINAL EIR
Response to the California Department of Transportation 1 It is acknowledged that the term "existing" may cause some confusion in Figure 3 However, in order to show how the proposed project would affect the conditions expected to be in place when Villa Burano is development, the illustrations needed to include those improvements currently under construction and/ or are expected to be in place before construction of Villa Burano.

Figure 3, Existing Traffic Volumes and Lane Configurations assumes that planned improvements will be in place prior to Villa Burano adding traffic to the system. Box 3 illustrates the improvements associated with an encroachment permit at SR165 and Dove Street (being constructed by The Vineyards project. Box 5 illustrates the improvements currently under construction at SRI 65 and Overland Road.

2. The appendix to the traffic report was excluded from the draft EIR in error The appendix has been mailed to Caltrans for review
3- Although the meaning of the comment is not clear, it is assumed that Caltrans is requesting that projects that degrade the level of service. at intersections be required to pay their fair share of the necessary improvements. The draft EIR (page 2-100) concludes that the proposed project would contribute to the projected unacceptable level of service at the SR165/Dove Street/Vineyard Drive intersection and a mitigation measure is presented to mitigate the impact. In addition, the proposed project is required to pay the City of Los Banos traffic impact fee, which mitigates the projects share of cumulative impacts to the street system throughout the city

4. Comment noted.

EMC PLANNING GROUP INC. 2-27
306
2 0 RESPONSE TO COMMENTS
This side intentionally left blank.
2-28 EMC PLANNING GROUP INC.
307
i . I

3.0 CHANGES TO DRAFT EIR
Changes have been made to the draft EIR in response to comments received during the public review period. These changes are presented in this section.

SUMMARY
Table S-1 beginning on page S-6 of the draft EIR has been revised to incotporate the changes made to mitigation measures resulting from comments on the draft EIR. Revised Table S-1 is presented at the end of this section.

AIR QUALITY
The following change on page 2-27 of the draft EIR was made for clarification.

Mitigation Measure
AQ-1 Developers shall prepare an Air Emissions Reduction Plan that will include, but not be limited to1 as feasible, the following pollution reduction measures; a. Landscape plans that include planting deciduous trees on the south and westerly facing sides of buildings and in paved areas. Trees should be selected to provide canopy coverage that shades 50 percent of the paved areas-within 15 years b. Compliance with all applicable SJV APCD Rules, including but not limited to, District Rules 4901 and 4902 which regulate the sale, installation and transfer of EMC PLANNING GROUP INC 3-1
308
3 0 CHANGES TO DRAFT EIR
wood burning devices and natural gas-fired water heaters as well as prohibiting the installation of wood burning fireplaces and/or certified wood burning heaters. c. Natural gas and electrical lines and connections installed in patio areas in backyards. d. Ertergy-conserving, energy efficient, and/ or zero emissions features in the design and construction of all structures, especially the residences The following energy efficient features shall be implemented, or an alternative shall be used that provides similar or greater efficiency and air quality benefits. Note: Additional measures may be implemented at the discretion of the developer, or the U.S. Green Building Council LEED certification requirements for buildings may be substituted for the following.

I Achieve energy efficiency beyond Title 24 requirements;

2. Install automated control systems for heating/ air conditioning; 3 Install energy efficient heating and cooling systems;

4. Use light colored roofing material to reflect heat or other "cool" roofing materials including high albedo materials, materials that provide air circulation, and attic ventilating roofing construction, to prevent summer heat from penetrating buildings;
5 Increase wall and ceiling insulation,
6 Install energy efficient water heaters with low N Ox emissions; 7 Install only Energy~Star rated appliances when available; 8 Install energy efficient lighting including LED and compact fluorescents; 9 Orient buildings to maximize passive solar cooling, heating and lighting;

10. Install photovoltaic systems (solar energy absorption panels and associated equipment) on at least 20 percent of the residences and 20 percent of the commercial structures. Photovoltaic systems shall supply at least 75 percent of the electricity anticipated to be used at these residences and commercial buildings. This standard shall ~e achieved within each tentative map and commercial area or other development;
11 Plant deciduous trees on the south and west facing sides of buildings for sun and wind protection> and
12: Use "cool" paving materials.
3-2 EMC PLANNING GROUP INC .
309
I

VILLA BURANO AREA PLAN FINAL BIR
The developer shall ensure that the Air Emissions Reduction Plan is given to all applicable contractors and shall retain a copy of the contractors' signature of receipt of the plan.

The Air Emissions Reduction Plan shall be subject to review and approval by the City of Los Banos Planning Department, prior to issuance of a building permit.

BIOLOGICAL RESOURCES
The following change was made on page 2-49 and 2-50 of the draft EIR was made in response to comments from the California Department of Fish and Game.

Potentially Significant Impact - Burrowing Owl. If left fallow, the agricultural fields could become suitable for burrowing owls before the commencement of construction, Should active burrowing owl nests occur on or immediately adjacent to the project site, any construction and site preparation activities within or immediately adjacent to nest habitat, if conducted during the nesting season, could result in the direct loss of nests, including eggs and young, or the abandonment of an active nest by the adults. Mitigation Measure 6.2.3.a (4) of the Los Banos General Plan EIR requires compliance with the survey methodoloi,zy. impact analysis, and mitigation requirements documented in the Staff Report on Burrowing Owl Mitigation (CDFG 1995). The loss of active burrowing owl nests, if determined to be on site, would be a significant impact. Implementation of the following mitigation measure would reduce this potentially significant impact t6 a less than significant level.

BIO-3 Prior to approval of grading or building permits for development on the project site, if the project site has becomes fallow and reverts to grassland vegetation, the following measures shall be required, subject to the review and approval of the Los Banos Community Development Department:
a. A pre-construction survey shall be conducted by a qualified biologist for burrowing owls within 30 days of the on-set of construction according to methods described in the Staff Report on Burrowing Owl Mitigation (CDFG 1995). b. If pre-construction surveys undertaken during the breeding season (February through July August) locate active nest burrows within or near construction zones, these nests, and an appropriate buffer around them (as determined by a qualified biologist) must remain off-limits to construction until the breeding season is over. The CDFG recommends setbacks from occupied nest burrows of 100 meters where construction will result in the loss of foraging habitat. •
EMC PLANNING GROUP INC 3-3
310
3 0 CHANGES TO DRAFT EIR
c. During the non-breeding season (August Se_ptember through January), resident owls may be relocated to alternative habitat. The relocation of resident owls must be according to a relocation plan prepared by a qualified biologist in consultation with the California Department of Fish and Game. Passive relocation is the preferred method of relocation. This plan must provide for the owrs relocation to nearby lands possessing available nesting and foraging habitat.
d. To offset the loss of foraging and burrow habitat on the project site if a resident burrowing owl is detected during a surve;t. a minimum of 6.5 acres of foraging habitat per pair or unpaired resident bird is recommended for acquisition and pennanent protection. The location. habitat quality, and amount of land appropriate for mitigation shall be determlped through applicant consultation with the California Department of Fish and Game.

HYDROLOGY AND WATER QUALITY
The following change was made on page 2-66 of the draft EIR in response to the comment from Grassland Water District.

The GWD and the City of Los Banos currently have an agreement regarding storm water discharge. The GWD is obligated to accept up to 91.5 cubic feet per second of city storm water discharge from the St. Francis· Estates system. The city's discharge rates are not directly measured, although the city can calculate discharges based on pumping capacities and the recorded hours of pump use (Gary Hutsell, personal communication with Richard James, planning consultant, May 25, 2006). The GWD has suggested that the city's discharge may at times exceed 91.5 cubic feet per second (Adams, et al., NOP comment .letter, March 2006).

Buildout of the proposed project would contribute additional runoff water that would flow into the San Luis Canal and discharge to the GWD However; the city believes it can adequately control discharge rates and maintain those rates within the agreement.

The following change was made on page 2-71 of the draft EIR in response to the comment from Grassland Water District.

Less Than Potentially Significant Impact - Capacity for Storm Water Discharge. The GWD has expressed concerns that the City of Los Banos may currently exceed the storm water discharge capacity agreement with GWD Additional storm water runoff from the project site would add to the amount of storm water discharged to GWD However, the St. Francis Estates basin was designed to accommodate runoff from the project site, and through the use of detention and staging of pumping operations, the city can maintain discharges within the agreed rates. The city plans to add measurement devices to ensure that discharges are maintained 3-4 EMC PLANNING GROUP INC
311
I·
I
VILLA BURANO AREA PLAN FiNAL EIR
within an acceptable flow rate Implementation of the following mitigation measure will ensure adequate storm drain capacity and impacts remain less than significant.

HY-I.. The City of Los Banos and the Grassland Water District shall revise the current agreement regarding the city's storm water drainage managed by Grassland Water District, prior to the issuance of grading permits for the proposed project.

EMC PLA NNING GROUP INC. 3 5
312
Summary Villa Burano Area Plan EIR

TABLES-I
Summary of Impacts and Mitigation Measures
Mitigated to
Area of Impact Level of Mitigation Mitigation Measure less than Concern Significance Number Significant
Level?

PROJECT-LEVEL IMPACTS
Agriculture Project loss of Significant and No mitigation available to reduce the impact No agricultural land; Unavoidable to a less than significant level Prime Farmland
Air Quality Long term operational Significant and AQ-1 The developer shall prepare an Air Emissions No impacts Unavoidable Reduction Plan that will include feasible pollution reduction measures such as planting
deciduous trees· on the south and westerly
facing sides of buildings and in paved areas,
compliance with all applicable SN APCD
rules, installation of natural gas and electrical
lines and connections in patio areas, and
energy-conserving, energy efficient, and/ or
zero emissions design features.

Air Quality Long term operational Significant and AQ-2 Developers shall consult with Merced County No impacts Unavoidable Transit regarding bus service to-the project site. If Merced County Transit is willing to
provide bus service to the proposed project, the
project shall be designed to provide turnouts to
accommodate bus service.

Developers shall submit evidence of
consultation with, and a detennination by,
Merced County Transit to the City of Los
Banos Planning Department prior to approval
of the final improvement plans.

EMC Planning Group Inc. S-6
313
Summary Villa Burano Area Plan EIR
Mitigated to
Area of Impact Level of Mitigation Mitigation Measure less than Concern Significance Number Significant
Level?
Air Quality Construction Significant AQ-3 Prior to issuance of a building permit, dust Yes emissions (PM10) control requirements consistent with
SJV APCD District Rule VIII shall be included
in all construction contract .specifications to
reduce significant levels of construction-related
hazardous air emissions.

Air Quality Construction Significant AQ-4 For the purpose of reducing diesel particulates Yes emissions (PM10) and acrolein emissions during construction, the developer shall require all construction
bids and contracts to retro-fit the pre-1994
equipment with EPA certified diesel oxidation
catalyst filters.

Biology Interference with kit Potentially BIO-I A field survey shall be conducted by a Yes fox movement Significant qualified biologist to determine if actiye kit fox dens are located on or within 150 meters
(approximately 500 feet) of the project site. If
an active kit fox den is detected within the
survey area, the USFWS will be contacted
immediately to determine the best course of
action.

EMC Planning Group Inc. S-7
314
Summary Villa Burano Area Plan EIR
l\fitigated to
Area of Impact Level of Mitigation Mitigation Measure less than Concern Significance Number Significant
Level?
Biology Interfere with kit fox Potentially BIO-2 Prior to commencement of construction Yes movement Significant activities and subject to review and approval . by the Los Banos Community Development
Department, the project applicant shall
arrange for a qualified biologist to inform
workers of the potential presence of San
Joaquin kit fox, their protected status, work
b_oundaries, and measures to be implemented
to avoid loss of these species during
construction activities. Avoidance and
minimization measures may include, but not
be limited to, measures identified in the U.S.

Fish and Wildlife Service Standardized
Recommendations for Protection of the San
Joaquin Kit Fox Prior to or During Ground
Disturbance (USFWS 1999).

Biology Interfere with Potentially BIO-3 Prior to approval of grading or building Yes burrowing owl Significant permits for development on the project site, if the project site has becomes fallow and reverts
to grassland vegetation, the following
measures shall be required: a pre-construction
survey shall be conducted by a qualified
biologist for burrowing owls within 30 days of
the on-set of construction; If pre-construction
surveys undertaken during the breeding season
(February through ~August) locate active
nest burrows within or near construction
zones, these nests, and an appropriate buff er
- around them ( as determined by a qualified
biologist) must remain off-limits to
construction until the breeding season is over;
during the non-breeding season (.". ·---
EMC Planning Group Inc. S-8
315
Summary Villa Burano Area Plan EIR
:Mitigated to
Area of Im.pact Level of Mitigation :Mitigation Measure less than Concern Significance Number Significant
Level?
September through January), resident owls
may be relocated to alternative habitat. If
resident owls are detected during the survey,
a1212ro12riate habitat replacement will be
provided by the a1mlicant.

Biology Interfere with Giant Potentially BIO-4 The area plan shall be revised consistent with Yes Garter Snake Significant City of Los Banos General Plan Program OCR 7 .3-F to include a buffer of at least 50 feet in
width from the toe of the canal facility
Biology Interfere with Giant Potentially BIO-5 Prior to approval of any final maps or use Yes Garter Snake Significant permits for development on the project site, the project proponent shall prepare a
landscape plan for the buffer area for projects
adjacent to the San Luis Canal.

Biology Interfere with Potentially BIO-6 Subject to the review and approval of the Los Yes migratory birds Significant Banos Community Development Department, future development on the project site shall not
include buildings and antenna towers
exceeding 35 feet. If structures taller than 35
feet are determined to be necessary by the
approving agency, those buildings·shall be
constructed under the guidelines presented :in
Section 2.3, Biology.

Hydrology Polluted urban runoff Significant HY-1 Subject to the review and approval of the Los Yes and Water Banos Public Works Department, storm water
Quality drainage plans shall include measures and Best
Management Practices (BMPs) to reduce the
mtroduction of oils and other contaminants to
the Los Banos storm water drainage system.

EMC Planning Group Inc. S-9
316
Summary Villa Burano Area Plan EIR
Mitigated to
Area of Impact Level of Mitigation Mitigation Measure less than Concern Significance Number Significant
Level?
H.ydrology Storm water drainage Potentially HY-2 .The City of Los Banos and the Grassland Yes and Water capacity Siroificant W ater District shall revise the current Quality . agreement regarding the city's storm water
drainage managed by Grassland Water
District, 12rior to the issuance of gxading
12ermits for the m:012osed m:oject;
Noise Traffic noise from Significant NS-I With submittal of a tentative map for the Yes Ward Road residential lots along the extension of Ward
Road, the applicant shall also submit the Ward
Road design plans and a preliminary grading
plan, along with a supplemental acoustical
analysis confirming the appropriate height of
the required sound wall along Ward Road.

Sound walls shall be no higher than seven feet.

If a seven-foot high wall does not adequately
mitigate the impact, the design of the
subdivision shall include a wider setback from
the roadway to achieve the require noise
levels.

Noise/ Secondary visual Significant NS-2 The design of Ward Road and the sound wall Yes Aesthetics impact associated with shall include a landscape plan for visually sound wall along ward buffering the sound wall from the roadway road The width of the landscaped area shall be
determined by city planning staff and a
funding mechanism acceptable to the city,
such as a lighting and landscape district, shall
be implemented.

Noise Commercial n01se Significant NS-3 If specific commercial uses are proposed that Yes have potential to cause significant noise
impacts at nearby noise-sensitive receivers, a
detailed and site-specific acoustical analysis
shall be prepared and submitted to the city
EMC Planning Group Inc. S-10
317
Summary Vi/fa Burano Area Plan E!R
Mitigated to
Area of Impact Level of Mitigation Mitigation Measure less than Concern Significance Number Significant
Level?
planning department at the time of site plan
review or use permit application.

Noise Ground vibration Potentially NS-4 Prior to the issuance of grading permits, the Yes during construction Significant grading plan shall include the following language, "Large bulldozers, loaded trucks, or
heavy equipment which causes significant
ground vibration will not operate closer than
50 feet to an occupied residence.,,
Fire Development beyond Significant FS-1 Prior to the issuance of building perm1ts the Yes the fire response time project proponent shall submit specifications radii for the development of a fire substation that
will serve the project area subject to
reimbursement agreements with other
benefiting developments.

Traffic Unacceptable level of Significant T-1 The project developer shall be responsible for Yes service at SR preparation of plans for a signal at the SR 165 165/Dove / Dove Street / Vineyard A venue intersection
Street/Vineyard Ave and construction of the signal prior to issuance of the first occupancy permit. The costs shall
be credited against the developer's payment of
the city wide traffic impact fees.

Traffic Circulation design Significant T-2 The applicant shall modify the area plan to Yes resulting in potential include the following: installation of a growth-inducing and -roundabout meeting the requirements of the safety impacts Fire Department at the intersection of Ward Road and Dove Street; the redesign of Ward
Road as a two-lane collector adjacent to the
project site; and the redesign of Place Road to
provide appropriate access to the commercial
site and to replace physical traffic-calming
features with visual traffic-calming features.

EMC Planning Group Inc. S-11
318
Summary Villa Burano Area Plan EIR
:Mitigated to
Area of Impact Level of Mitigation JM:itigation Measure less than Concern Significance Number Significant
Level?
Sewer . Impact on wastewater Significant WW-1 Prior to issuance of a building permit for a new Yes treatment capacity use within any tentative tract map or vesting tentative tract map within the plan area, or
approval of development requiring a site plan
review or other discretionary approval, the city
shall require the fair share participation of the
developer in defraying the costs of
improvements necessary to assure the
provision of adequate wastewater treatment
plant capacity, including new costs associated
with expansion of the· wastewater treatment
plant beyond a capacity of 4. 9 million gallons
per day.

The study is expected to be completed in 2007
The specific components of the wastewater
treatment plant expansion and waste discharge
requirement permits are in the planning stage
at this time, but are expected to occur within
the area of the existing wastewater treatment
and discharge facilities or in proximity to these
facilities. The city will enter into development
agreements with the developers, or condition
approval of any tentative subdivision maps
upon payment of appropriate fees, and will not
record final map~ within this area until the city
has adopted the wastewater treatment
expansion program, cost schedule, and
EMC Planning Group Inc. S-12
319
Summary Vitia Burano Area Plan EIR
Mitigated to
Area of Impact Level of Mitigation Mitigation Measure less than Concern Significance Number Significant
Level?
financing plan, and issued construction
contracts for the plant expansion. The
development agreements or conditions of
approval will require th~ fair share
participation of the developers in the financing
of the improvements. The improvements may
be financed through increased connection
charges, the payment of new wastewater
treatment plant development fees, or the •
formation of a benefit district such as a MelloRoos Community Facilities District. The city will conduct additional environmental review
for the new wastewater improvements to the
extent required by the California
Environmental Quality Act.

The city may elect an alternative method of
allocating available sewer capacity, including
alternative time frames for approval of final
maps and building permits for development
within this area plan, through negotiation of
development agreements, or through adopted
policy For development approvals made prior
to the determination of the costs and fair
participatory shares, the city may require a
deposit, bond, or other security to guarantee
payment of the anticipated share. The city
shall ensure in any alternative allocation
method, that no building permits be issued
that would result in an increase in wastewater
generation beyond the capacity of the plant at
the time the permit is issued and that provides
for payment of the fair-share of the cost of the
plant e:xpansion attributable to those units for
EMC Planning Group Inc. S-13
320
Summary Villa Surano Area Plan EIR
Mitigated to
Area-of Impact Level of Mitigation Mitigation Measure less than Concern Significance Number Significant
Level?
which building permits are issued.

CUMULATIVE~PROJECTS IMP ACTS
Agriculture Cumulative loss of Significant and No mitigation available to reduce the impact No agricultural land Unavoidable to a less than significant level Air Quality Long term cumulative Significant and AQ-1 The developer shall prepare an Air Emissions No operational impacts Unavoidable Reduction Plan that will include feasible pollution reduction measures such as planting
deciduous trees on the south and westerly
facing sides ofbuildings and in paved areas,
compliance with all applicable SJV APCD
rules, installation of natural gas and electrical
lines and connections in patio areas, and
energy-conserving, energy efficient, and/ or
zero emissions design features.

Air Quality Long term operational Significant and AQ-2 • Developers shall consult with Merced County No impacts Unavoidable Transit regarding bus service to the project site. If Merced County Transit is willing to
provide bus service to the proposed project, the
project shall be designed to provide turnouts to
accommodate bus service .
. Developers shall submit evidence. of
consultation with, and a determination by,
Merced County Transit to the City of Los
Banos Planning Department prior to approval
of the final improvement plans.

EMC Planning Group Inc. S-14
321
Summary Villa Burano Area Plan EIR
Mitigated to
Area of hnpact Level of Mitigation Mitigation Measure less than Concern Significance Number Significant
Level?
Traffic Unacceptable levels of Significant CT-1 Project developers shall pay the appropriate Yes service at various fees p.rior to the issuance of building permits intersections in Los and subject to the review and approval by the Banos Los Banos City Engineer.

Water Supply Adverse cumulative Significant CWS-1 Prior to issuance of a building permit for a new Yes impact on water use within any tentative tract map or vesting quality tentative tract map v.rithin the plan area, or
approval of development requiring a site plan
review or other discretionary approval, the city
shall require the fair share participation of the
developer in defraying the costs of
improvements necessary to assure the
provision of potable water, including new
costs associated with provision of well-head
treatment or surface water acquisition.

The costs and financing method shall be
developed as a part of the city's ongoing study
of water infrastructure needs, which will result
in a water quality treatment capital
improvements program. The study is expected
to be completed in 2007. The specific
components of the water quality treatment
facilities are in the planning stage at this time,
but will likely include well-head treatment
facilities and may also involve purchase of
surface water rights and conveyance and
treatment facilities. No final maps within the
area plan shall be recorded until the city has
either entered into development agreements
with the developers of the area plan, or
conditioned approval of any tentative
subdivision maps upon payment of
EMC Planning Group Inc. S-15
322
Summary Villa Burano Area Plan EIR
Mitigated to
Area of hnpact Level of Mitigation Mitigation Measure less than Concern Significance Number Significant
Level?
appropriate fees, and adopted the water quality
treatment program, cost schedule, and
financing plan. The development agreements
or conditions of approval shall provide for fair
share participation of the developers in the
financing of the rmprovements. The
improvements may be finance4 through
connection charges, the payment of new water
quality treatment development fees, or the
formation of a benefit district such as a MelloRoos Community Facilities District. For development approvals made prior to the
determination of the costs and fair
participatory shares, the city may require a
deposit, bond, or other security to guarantee
payment of the anticipated share. The city
shall conduct additional environmental review
for the new water quality treatment
improvements to the extent required by the
California Environmental Quality Act.

EMC Planning Group Inc. S-16
323
RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING GENERAL
PLAN AMENDMENT #2022-02 AND ZONE
CHANGE #2022-02 FOR NORTHPOINTE AT

REGENCY PARK LOCATED ON ASSESSOR'S
PARCEL NUMBERs: 424-010-002, 005, AND 006
WHEREAS, Stonefield Homes, as the project applicant, has requested an amendment to the General Plan Land Use Policy Map and Zoning Map to facilitate the development of 543 detached single-family residential dwellings, 1 multi-family parcel, 6 open space lots, 1 fire station, and future public facilities uses, located on between Place Road and the Ward Road extension, bounded by Quail Street to the north, Greenwich Drive to the south, and San Luis Canal to the east; and WHEREAS, the Los Banos General Plan was adopted in October 19, 2022, and is the guiding document for land use in the City of Los Banos; and WHEREAS, the proposal is consistent with the intent of the General Plan and the Zoning Code regulations; and
WHEREAS, the proposal is compatible with adjacent properties and the surrounding area in general; and
WHEREAS, the subject property is currently designated Low Density Residential, Medium Density Residential, Park, and Neighborhood Commercial by the City of Los Banos General Plan; and is zoned Low Density Residential (R-1), Medium Density Residential (R-2), Public Facility (P-F), and Park (P), with a Planned Development (PD) overlay; and
WHEREAS, the proposed General Plan Amendment and Zone Change would confirm and align land use designations with the Northpointe at Regency Park Project by eliminating the prior Neighborhood Commercial designation and replacing with High Density Residential and removing Public Facility ensuring consistency across the project site; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, General Plan Amendment #2022- 02 and Zone Change #2022-02 for Northpointe at Regency Park project were adequately evaluated in an Addendum to Villa Burano Area Plan EIR (SCH #200611135); and 1 324
WHEREAS, the Planning Commission held a public hearing on November 12, 2025, and recommended approval of the General Plan Amendment and Zone Change for Northpointe at Regency Park to the Los Banos City Council; and WHEREAS, a public hearing was duly noticed for December 3, 2025, in accordance with California Government Code Section 65091 by advertisement in the Westside Express and by mail to property owners within 300 feet of the project boundaries on November 19, 2025, to consider and take testimony regarding General Plan Amendment #2022-02 and Zone Change #2022-02 for the Northpointe at Regency Park project; and
WHEREAS, at the December 10, 2025, City Council meeting the Los Banos City Council, heard and considered testimony, if any, of all persons desiring to be heard; reviewed the Project and staff report; studied the compatibility of the applicant's request with adjacent land uses; has considered the applicant's request in accordance with the criteria established in Section 9-3.605, 9-3.606, 9-3.705, 9-3.706, 9-3.805, 9-3.806, and 9-3.1605 of the Los Banos Municipal Code; and
WHEREAS, the City Council of the City of Los Banos hereby makes the appropriate findings set forth in Exhibit A (California Environmental Quality Act (CEQA) Findings), and Exhibit B (Findings for Approval), attached hereto and incorporated herein by this reference.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve General Plan Amendment #2022-02 and Zone Change #2022-02 for the Northpointe at Regency Park project located on the west of the San Luis Canal, between Place Road and the Ward Road extension, more specifically identified as Assessor's Parcel Numbers: 424-010-002, 005, and 006.

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

AYES:

NOES:

ABSENT:

APPROVED:

Michael Amabile, Mayor
ATTEST:
2 325
Lucille L. Mallonee, City Clerk
3 326

EXHIBIT A

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS FOR GENERAL PLAN AMENDMENT #2022-02 AND ZONE CHANGE #2022-02 FOR NORTHPOINTE

AT REGENCY PARK
Pursuant to the requirements of California Public Resources Code Section 21000 et seq. ("CEQA") and Title 14, California Code of Regulations Section 15000 et seq. (the "CEQA Guidelines"), the City as Lead Agency under CEQA adopts the following findings required by CEQA, along with the facts and evidence upon which each finding is based.

The City of Los Banos City Council hereby finds as follows:

1. Pursuant to CEQA, the CEQA Guidelines, and the City of Los Banos Environmental Quality Guidelines, the Addendum to the previously certified Villa Burano Area Plan EIR has been prepared in accordance with CEQA Guidelines Section 15164. The Addendum evaluates the Northpointe at Regency Park Project in relation to the certified EIR and demonstrates that no new significant impacts would occur and that no previously identified impacts would be substantially more severe than disclosed in the certified EIR.

2. The City Council finds that the Northpointe at Regency Park Project does not create new significant environmental impacts that were not previously addressed in the certified Villa Burano Area Plan EIR.

3. The City Council finds that the proposed project does not substantially increase the severity of environmental impacts previously identified in the certified EIR.

Updated analysis, including transportation, air quality, biological resources, and noise, confirms that environmental effects are consistent with those disclosed in the certified EIR.

4. The City Council finds that all mitigation measures adopted with the certified Villa Burano Area Plan El R remain in effect for the Northpointe at Regency Park Project. • For Air Quality, Biology, and Noise, the City instructed the applicant to consult with the original environmental consultants who prepared the supporting technical studies.
• The applicant obtained memoranda of satisfaction from each applicable consultant confirming that the project satisfies the intent of the relevant mitigation measures.
• The mitigation measures for Air Quality, Biology, and Noise are therefore deemed satisfied, but not terminated, and remain part of the project's mitigation obligations under CEQA.
4 327

5. The City Council finds that an Addendum, rather than a Subsequent or Supplemental EIR, is the appropriate CEQA document because:
1) There are no substantial changes to the project that require major revisions to the certified EIR.
2) There are no substantial changes in circumstances that warrant preparation of a Subsequent or Supplemental El R.
3) No new information of substantial importance has arisen that would result in new significant impacts or more severe impacts than previously analyzed.

6. The City of Los Banos Community and Economic Development Department, located at 520 J Street in Los Banos, is the custodian of the documents that constitute the record of proceedings upon which the determination to adopt the Addendum is based upon.

7. Prior to considering the proposed Project, the City Council considered the Addendum and supporting documentation.
5 328

EXHIBIT B
FINDINGS FOR APPROVAL FOR GENERAL PLAN AMENDMENT #2022-02 AND ZONE CHANGE #2022-02 FOR NORTHPOINTE AT REGENCY PARK
The City of Los Banos City Council hereby finds as follows:

1. General Plan Amendment #2022-02 is consistent with the goals and policies of the Los Banos General Plan, particularly in promoting orderly residential growth, diverse housing opportunities, and connectivity between neighborhoods.

2. Provides for a range of residential densities, parks, and open space that support the long-term vision of the City.

3. Serves the public convenience, necessity, and general welfare by creating a cohesive, master-planned neighborhood consistent with surrounding land uses.

4. Provides development standards tailored to the project, ensuring quality design, circulation, and infrastructure improvements.

5. Is consistent with the Los Banos General Plan and surrounding zoning patterns. 6 329
RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING FINAL
DEVELOPMENT PLAN #2022-02 FOR

NORTHPOINTE AT REGENCY PARK
WHEREAS, the Los Banos General Plan was adopted in October 19, 2022 and is the guiding document for land use in the City of Los Banos; and WHEREAS, the project site is zoned PD (Planned Development}, and Title 9, Chapter 3, Article 4 - Planned Development District of the Los Banos Municipal Code (LBMC) outlines the procedure for establishing development standards within PD districts; and
WHEREAS, the applicant submitted a Final Development Plan in accordance with the Los Banos Zoning Code Sections 9-3.403 and 9-3.407 on September 22, 2022; and WHEREAS, an Addendum to the previously certified Villa Surano Area Plan Environmental Impact Report (SCH #2006011135) was prepared in September 2025 pursuant to CEQA Guidelines Section 15164, which determined that the proposed modifications would not result in new significant environmental effects or a substantial increase in severity of previously identified impacts; and WHEREAS, on November 12, 2025, the Planning Commission recommended approval of Final Development Plan #2022-02 to the Los Banos City Council; and WHEREAS, the City Council of the City of Los Banos scheduled and duly noticed a public hearing in accordance with California Government Code Section 65091 by advertisement and notices by mail to property owners within a 300-foot radius of the project boundaries on November 19, 2025, to consider and take testimony regarding these matters on December 3, 2025; and
WHEREAS, at the December 3, 2025 Planning Commission meetings the Los Banos Planning Commission heard and considered testimony, if any, of all persons desiring to be heard; reviewed the Project Final Development Plan and staff report; studied the compatibility of the applicant's request with adjacent land uses; has considered the applicant's request in accordance with the Final Development Plan criteria established in Title 9, Chapter 3, Article 4 of the Los Banos Municipal Code; and BASED UPON THE EVIDENCE PRESENTED AT THE PUBLIC HEARING, the City Council of the City of Los Banos does hereby make the findings set forth in Exhibit A (CEQA Findings), and Exhibit B (Findings of Approval), attached hereto and incorporated herein by this reference.
1 330
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve Final Development Plan #2022-02 for Northpointe at Regency Park, more specifically identified as Assessor's Parcel Numbers: 424-010-002, 005, and 006.

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

AYES:

NOES:

ABSENT:

APPROVED:

Michael Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
2 331

EXHIBIT A

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS FOR FINAL DEVELOPMENT PLAN #2022-02 - NORTHPOINTE AT REGENCY PARK Pursuant to the requirements of California Public Resources Code Section 21000 et seq. ("CEQA") and Title 14, California Code of Regulations Section 15000 et seq. (the "CEQA Guidelines"), the City as Lead Agency under CEQA adopts the following findings required by CEQA, along with the facts and evidence upon which each finding is based.

The City of Los Banos City Council hereby finds as follows:

1. Pursuant to CEQA, the CEQA Guidelines, and the City of Los Banos Environmental Quality Guidelines, the Addendum to the previously certified Villa Surano Area Plan EIR has been prepared in accordance with CEQA Guidelines Section 15164. The Addendum evaluates the Northpointe at Regency Park Project in relation to the certified EIR and demonstrates that no new significant impacts would occur and that no previously identified impacts would be substantially more severe than disclosed in the certified El R.

3. The City Council finds that the proposed project does not substantially increase the severity of environmental impacts previously identified in the certified EIR.

Updated analysis, including transportation, air quality, biological resources, and noise, confirms that environmental effects are consistent with those disclosed in the certified EIR.

4. The City Council finds that all mitigation measures adopted with the certified Villa Surano Area Plan EIR remain in effect for the Northpointe at Regency Park Project. • For Air Quality, Biology, and Noise, the City instructed the applicant to consult with the original environmental consultants who prepared the supporting technical studies.
• The applicant obtained memoranda of satisfaction from each applicable consultant confirming that the project satisfies the intent of the relevant mitigation measures.
• The mitigation measures for Air Quality, Biology, and Noise are therefore deemed satisfied, but not terminated, and remain part of the project's mitigation obligations under CEQA.

5. The City Council finds that an Addendum, rather than a Subsequent or Supplemental EIR, is the appropriate CEQA document because:
3 332
1) There are no substantial changes to the project that require major revisions to the certified EI R.
2) There are no substantial changes in circumstances that warrant preparation of a Subsequent or Supplemental EIR.
3) No new information of substantial importance has arisen that would result in new significant impacts or more severe impacts than previously analyzed.

7. Prior to considering the proposed Project, the City Council considered the Addendum and supporting documentation.
4 333

EXHIBIT B
FINDINGS FOR APPROVAL OF FINAL DEVELOPMENT PLAN #2022-02 -

NORTHPOINTE AT REGENCY PARK
The City of Los Banos City Council hereby finds as follows:

1. The Final Development Plan is consistent with the goals, policies, and objectives of the Los Banos General Plan, including provisions for orderly residential growth, diverse housing opportunities, and neighborhood connectivity.

2. The Final Development Plan is consistent with the Villa Surano Area Plan (as revised) and implements the planned mix of residential, open space, and public facility uses.

3. The project design, including varied lot sizes, multifamily housing opportunities, parks, and open space amenities, is compatible with surrounding residential neighborhoods and enhances connectivity to Pacheco High School and Southpointe at Regency Park.

4. Sewer, water, storm drainage, and circulation facilities will be constructed consistent with the City's adopted Master Plans and will adequately serve the project.

5. The proposal will not be detrimental to the health, safety, comfort, or general welfare of the persons residing or working in the City of Los Banos, or injurious to property or improvements in the surrounding neighborhoods or within the City. The project will enhance the surrounding area and offer the surrounding community choices for housing and recreation.

6. The project provides significant community benefits, including six open space lots, a linear trail along the San Luis Canal, and a one-acre dedication for a future fire station.

7. The Final Development Plan incorporates architectural design standards, landscaping, and phasing measures to ensure a high-quality, attractive, and cohesive residential neighborhood.

8. The project is consistent with the Addendum to the Villa Surano Area Plan EIR (SCH #2006011135), which demonstrates that no new or more severe environmental impacts will occur.
5 334

EXHIBIT C
CONDITIONS OF APPROVAL FOR FINAL DEVELOPMENT PLAN #2022-02 -

NORTHPOINTE AT REGENCY PARK
General:

1. All development within the project boundary shall be developed in substantial conformance with the Northpointe at Regency Park Final Development Plan dated September 2022, including any conditions of approval or amendments adopted by the Los Banos City Council. This includes, but is not limited to: the Vesting Tentative Tract Map, land use types, pedestrian and vehicular circulation, architectural design, parks, open space and recreation, public facilities, services and infrastructure, and phasing plan.

2. Building Master Plans shall be consistent with Final Development Plan #2022- 01 and approved by the Community and Economic Development Department and Building Department prior to issuance of any building permit.

3. Development shall proceed in accordance with the phasing plan outlined in the Final Development Plan, unless otherwise approved by the Community and Economic Development Director and Public Works Director/ City Engineer.

4. Residential densities shall not exceed the maximum number of units identified in the Final Development Plan: 281 Low-Density, 262 Medium-Density, 128 High Density Multi-Family.

5. All development shall adhere to the setback and lot configuration standards as outlined in Sections 2.6 through 2.9 of the Final Development Plan unless modified by the City.

Architecture and Physical Design:

6. This project shall be subject to P-D (Planned Development) Design Standards as presented in the Final Development Plan.

7. To avoid uniformity in streetscapes, the development shall incorporate variation in building size, front yard setbacks, exterior materials and colors, building fa9ade articulation, and landscaping.

8. The variation in setbacks, unit placement, and materials and colors shall be implemented in a non-repetitive random pattern to avoid visual monotony.

9. The typical architecture presented in the Final Development Plan is conceptually approved with this application. Building permit submittal shall be consistent in style, materials, and character.
6 335

10. Building placement shall ensure privacy by offsetting second-story, side-facing bedroom windows between adjacent homes.

11. Residential dwelling units shall not exceed 30 feet in height.

12. Temporary parking lots for model homes shall be reviewed and approved by the Community and Economic Development Director in accordance with Los Banos Municipal Code section 9-3.2009. Temporary parking lots shall be removed within 60 days of the conclusion of home sales.

Physical Amenities:

13. The applicant shall construct all bicycle and pedestrian trails, including the linear trail corridor along the San Luis Canal, as described in Sections 3 and 4 of the Final Development Plan. Trail connectivity shall be provided to adjacent developments and the City's regional trail network.

14. Enhanced pedestrian treatments shall be provided at the entrance points, including all four legs of the roundabout on Place Road; Dove Street and Westminster Way; Place Road and Ward Road; Regency Drive and Ward Road; and Street G and Ward Road. Such treatments shall include but are not limited to stamped concrete or pavers as approved by the Community and Economic Development Director.

15. The developer shall install a six-foot high decorative masonry wall along Ward Road at all backyard lots from Place Road to the southern boundary of the project site.

16. Decorative entry features, lighting, and project signage shall be installed consistent with the entry treatment exhibits on page 24 and page 25 and shall be reviewed during improvement plan review.

17.Decorative lighting, benches, trash receptacles, and other amenities shall be installed along the trail and in open space areas as described in the Final Development Plan.

Lighting:

18.AII street lighting shall be LED. The streetlights shall meet the illumination standards in the City Street Light standards. After Public Works inspection and approval, all street light electrical boxes shall be slurried per Public Works direction.

19. Decorative lighting shall be located in the primary and secondary entries to Northpointe and within arterial roadways, open space, and greenway points.

Standard cobra-head style fixtures may be used on local streets.

Landscaping:
7 336

20. Landscape plans shall emphasize deciduous shade tree plantings to the south and west of buildings.

21. Landscaping and site design shall substantially conform to the conceptual plans of the Final Development Plan.

22. The developer shall comply with the current City development standards related to drainage, landscaping, and irrigation. All irrigation systems shall meet the requirements of the Public Works Department.

23. Landscape plans for each residential front yard shall utilize drought tolerant plantings. The developer shall be required to follow local and State mandates regarding water conservation and water efficiency. Once the City adopts a new water efficient landscape ordinance, the developer shall be required to follow the new ordinance requirements. Landscaping shall be installed prior to Certificate of Occupancy.

24. Property owners shall be responsible for the maintenance of street frontage trees.

25. Weed barrier fabric shall be installed in all front yard landscape areas not covered with turf, and shall be placed beneath all non-living ground cover such as bark, mulch, or decorative rock to suppress weed growth and promote landscape maintenance.

26. The developer shall install street frontage trees with deep root irrigation systems.

27. Each dwelling unit shall include a 3-foot-wide concrete walkway connecting the garage to the side yard man door. Sufficient space shall be provided to store three (3) refuse containers behind fencing and out of public view. 8 337
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING AND

AUTHORIZING THE CITY MANAGEER TO

EXECUTE A REIMBURSEMENT AGREEMENT

FOR SEWER MAIN REPLACEMENT BETWEEN

THE CITY OF LOS BANOS AND STONEFIELD
HOME, INC.

WHEREAS, Stonefield Home, Inc. ("Developer") owns and is developing the Northpointe at Regency Park project located within the City of Los Banos ("City"); and WHEREAS, the Property is bisected by an aging and deteriorated sewer main that serves a portion of the City's wastewater collection system, and replacement of this segment ("Sewer Main Replacement") is necessary for continued reliability and public health; and
WHEREAS, the Developer has elected to perform the construction as part of its project improvements; and
WHEREAS, the City and Developer have negotiated a Reimbursement Agreement whereby the Developer will install the Sewer Main Replacement pursuant to the Final Kilometer Sewer Trunk Line Project plans, specifications, and City inspection requirements; and
WHEREAS, the City agrees under the terms of the Reimbursement Agreement to reimburse the Developer for eligible actual costs not to exceed $1,495,000, the amount the City would have expended to complete the work as part of its broader sewer trunk line replacement program; and
WHEREAS, the Reimbursement Agreement further establishes required construction standards, inspection provisions, warranty obligations, acceptance procedures, and the recording of a Public Utility Easement; and WHEREAS, the City Council finds that entering into the Reimbursement Agreement serves the public interest by facilitating timely replacement of essential sewer infrastructure in coordination with adjacent development.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby:
1 338

1. Approves the Reimbursement Agreement for Sewer Main Replacement between the City of Los Banos and Stonefield Home, Inc., in substantially the form presented; and

2. Authorizes the City Manager, or designee, to make any non-substantive changes as needed and to execute the Agreement and all related documents necessary to carry out its intent; and

3. Authorizes the City Clerk to attest to the City Manager's signature and to cause the necessary documents to be recorded, including the Public Utility Easement.

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

AYES:

NOES:

ABSENT:

APPROVED:

Michael Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
2 339
DRAFT
WHEN RECORDED, MAIL TO:

City of Los Banos
City Clerk
520 J Street
Los Banos, CA 93635
Exempt from filing fees pursuant to Government
Code Section 6103.

REIMBURSEMENT AGREEMENT FOR SEWER MAIN REPLACEMENT BY AND BETWEEN STONEFIELD HOME, INC., AND THE CITY OF LOS BANOS

1. PARTIES AND DATE.

This Reimbursement Agreement for Sewer Main Replacement ("Agreement") is made this __ day of December 2025, by and between the CITY OF LOS BANOS, a California municipal corporation (the "City") and Stonefield Home, Inc. a California corporation ("Developer"). This Agreement shall be effective as of _ _____ ("Effective Date").

City and Developer are collectively referred to herein as "Parties" and individually as "Party".

2. RECITALS.

2.1 Developer owns and is developing a project in the City of Los Banos (the "Property"), a legal description of which is attached hereto as Exhibit "A." As a condition of the Northpointe at Regency Park Vesting Tentative Tract Map, Developer will dedicate roadways within the Property to the City, a depiction of which is attached hereto as Exhibit "B".

2.2 The Property is bisected by a sewer main that serves portions of the City's wastewater collection system. Due to its age and condition, this portion of the sewer main requires replacement across the Property ("Sewer Main Replacement"). 1 340
DRAFT

2.3 While the City is willing and able to contract for the Sewer Main Replacement, Developer prefers to undertake the Sewer Main Replacement.

2.4 The City wishes to reimburse Developer for the Sewer Main Replacement in accordance with the terms set forth under this Agreement.

AGREEMENT
NOW, THEREFORE, City and Developer, in accordance with the mutual covenants, promises and conditions set forth in this Agreement and for good and valuable consideration, receipt of which is hereby acknowledged, agree as follows:

1. TERMS.

1.1 Recitals. The recitals above, and exhibits and definitions incorporated herein, are hereby incorporated in full.

1.2 Term. This Agreement shall be valid from the Effective Date until the roadway dedication from the Developer to the City, unless otherwise terminated earlier as mutually agreed to in writing by the Parties.

1.3 Specifications of Sewer Main Replacement. Developer agrees that the Sewer Main Replacement shall be installed and constructed in accordance with the requirements, specifications, and approvals of any and all appropriate governmental entities and/or water districts having jurisdiction over the same. Developer and its contractors or subcontractors shall not commence construction of the Sewer Main Replacement until Developer has received written authorization from the City's Public Works Department to proceed. Developer shall construct according to the plans and specifications of the Final Kilometer Sewer Trunk Line Project. All work performed by Developer or its contractors or agents to construct the Sewer Main 2 341
DRAFT
Replacement shall be subject to inspection by City, and Developer shall require its employees, contractors, and agents to comply with all instructions given by City during construction of the Sewer Main Replacement. Inspection by City or its employees shall not relieve Developer of its liability for improper or inadequate workmanship. All work performed on the Sewer Main Replacement shall be done only by contractors licensed in the State of California and qualified to perform the type of work required. All contractors must comply with the City's Business License Ordinance, and all work shall be performed in accordance with California Department of Industrial Relations (DIR) requirements, including registration with DIR and full compliance with all applicable prevailing wage laws and regulations. City shall have the right at all times to inspect the construction of the Sewer Main Replacement to determine compliance with City's Final Kilometer Sewer Trunk Line Project plans and specifications. 1 .4 Acceptance of Sewer Main Replacement by the City.

1.4.1 Additional Specifications:
(i) Start station location shall be 25+00.
(ii) End station location shall be 10+75.
(iii) All manholes shall be installed outside of the existing and future curb and gutter.
(iv) Developer shall utilize the C900 PVC pipe furnished by the City for this section of the Final Kilometer Sewer Trunk Line Project.
(v) Developer may submit invoices for each portion of the project as it is completed, and the City shall issue payment within thirty (30) days of receipt of each invoice concurrent with the City's acceptance of the completed portion.

Completed portion shall be defined as linear foot of pipe installed, backfilled, restored, and inspected in accordance with the specifications.
(vi) Removal and disposal of old 24-inch sewer pipe shall be 3 342
DRAFT
eligible for reimbursement.
(vii) Manhole grade rings shall be set to grade specified in Final Kilometer Sewer Trunk line Project Plans for the new 36- inch sewer pipe.
(viii) A Public Utility Easement (PUE) shall be recorded concurrently with the execution of this Reimbursement
Agreement per Exhibit C.

1.4.2 Upon completion of the Sewer Main Replacement to the satisfaction of the City, the Sewer Main Replacement shall be presented to the City Council for dedication and acceptance, and for authorization to file a Notice of Completion. The City Council may accept the Sewer Main Replacement if it determines that the Sewer Main Replacement was constructed in accordance with the approved Plans and specifications, that they operate satisfactorily, and that all other requirements of this Agreement have been satisfied. In the event the City does not accept the Sewer Main Replacement, it shall provide written notice to Developer of the same, which written notice shall contain the specific violations or defaults ("Notice oflmprovements Non-Acceptance"). Upon receipt of a Notice oflmprovements NonAcceptance, Developer shall use commercially reasonable efforts to correct any violations or defaults, and may re-present the Sewer Main Replacement to the City for acceptance after such correction. This process may be repeated as many times as necessary until the Sewer Main Replacement is accepted. Any costs or expenses incurred by Developer for such corrections shall not be included in the final costs submitted by Developer to the City for reimbursement and City shall not be liable for such costs or expenses for such corrections.

1.4.3 Upon request from the City, Developer shall provide the City with any and all instruments evidencing the full conveyance of the Sewer Main Replacement. 4 343
DRAFT
Additionally, upon the City's acceptance of the Sewer Main Replacement, the City shall thereafter be responsible for maintenance, repair and/or replacement of the same.

1.4.4 Developer shall guarantee all work and materials for the Sewer Main Replacement to be free from all defects due to faulty materials or workmanship for a period of one ( 1) year after the date of formal acceptance of the work by the City. A guarantee bond in the amount of25 percent of the total cost of the Sewer Main Replacement as determined by the City and satisfactory to the City in its sole reasonably exercised discretion shall be posted with the City prior to its acceptance of the Sewer Main Replacement. Developer shall repair or remove and replace any and all such work that is found to be defective in workmanship or materials within the one-year period, together with any work which may be displaced in so doing, without any expense whatsoever to the City. In the event Developer fails to comply with these provisions within thirty (30) days after being notified in writing (or in cases of emergency, immediately), City shall be authorized to proceed to have the defects remedied and made good at the sole cost and expense of Developer, who shall pay the costs and charges immediately within thirty (30) calendar days of a written demand, which written demand shall include invoices and/or documentation setting forth the exact costs and expenses incurred by the City to remedy any defects. Such action by the City shall not relieve Developer of the guarantee required by this Section. This Section shall not, in any way, limit the ability of Developer or any other party for construction defects in the work subsequently discovered by the City within the time period contained within this section.
5 344
DRAFT

1.5 Source and Method of Reimbursement. City shall reimburse Developer from its Wastewater Enterprise fund that has funded the Sewer Main Replacement throughout the rest of the City

1.6 Maximum Reimbursement. City's reimbursement of Developer will be limited to the actual cost incurred by the developer but in no event shall exceed ONE MILLION FOUR HUNDRED NINETY-FIVE THOUSAND DOLLARS ($1,495,000), which is the amount the City would have paid to have the work completed at the same time as remaining portions of the sewer main were replaced in the City.

2. NOTICE. Any notice, demand, request, consent, approval, or other communication required or desired to be sent pursuant to this Agreement or law shall be delivered to the addresses set forth below. Whenever reasonably possible, the Parties shall also provide courtesy email copies of any communication.

City of Los Banos
520 J Street
Los Banos, CA 93635
Attention: Nirorn Than, City Manager
Developer
Stonefield Home Inc.
963 E. Pacheco Blvd., Ste. C
Los Banos, CA 93635
Attention: Greg Hostetler, President
Any Party may change its address by written notice to the other Party.

3. ATTORNEY'S FEES AND COSTS. In the event any action is commenced to enforce or interpret any term or condition of this Agreement, in addition to costs and any other relief, the prevailing party shall be entitled to reasonable attorney's fees.

4. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties hereto with respect to the matters contained herein. 6 345
DRAFT

5. ASSIGNMENT. Developer may only assign this Agreement with the written consent of the City. Any assignment without such written consent shall be void and ineffective.

6. TIME OF ESSENCE. Time is of the essence for this Agreement.

7. INDEMNIFICATION. Developer shall indemnify, defend and hold harmless the City, all its directors, elected officials, officers, agents, employees and volunteers from and against any and all claims, damages, demands, suits, liability, costs, causes of action, losses, expenses, judgements, decrees, awards, including without limitation, court costs and reasonable attorneys' fees, or injury of any kind, including all third party claims, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors, or omissions of Developer, or any of its directors, officials, officers, agents, employees, or volunteers in connection with or in any way related to this Agreement, except as otherwise provided herein.

8. WAIVER. The delay or failure of the City to require performance, compliance, or enforce any provision of this Agreement will not be deemed a waiver of those rights to require performance, compliance, or enforcement of any provision of this Agreement.

9. AMENDMENTS. No provision of this Agreement may be amended, added, or modified except by express written agreement of both Parties.

10. ASSIGNMENTS; SUBCONTRACTS. Developer may not transfer, assign, or subcontract the provisions of this Agreement without the express prior written consent of the City.

11. THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement shall be construed to create any rights in third parties. The Parties do not intend to create such rights. 7 346
DRAFT

12. SEVERABILITY. If any word, phrase, clause, sentence, paragraph, section, article, part, or portion of this Agreement is or shall be invalid or unenforceable or deemed invalid or unenforceable for any reason, the same shall be deemed severable from the remainder of the Agreement hereof and shall in no way affect or impair the validity or enforceability of this Agreement or any other portion thereof.

13. INTERPRETATION. The headings used herein are for reference only. The terms of the Agreement are set out in the text under their respective headings.

14. VENUE. This Agreement shall be governed by the laws of the State of California.

Any legal action shall be commenced in the Superior Court for the County of Merced, in the City of Los Banos, and/or in the United States District Court for the Eastern District of California.

15. PUBLIC RECORDS DISCLOSURE. CONFIDENTIALITY. Developer expressly acknowledges that all City records are public records and subject to disclosure upon request, unless exempt, pursuant to the California Public Records Act ( commencing with Government Code§ 7920.000 et seq). In the case of such a request for records related to the Agreement, City shall endeavor to give Developer reasonable notice and opportunity to justify withholding.

16. INDEPENDENT CONTRACTOR. The Parties agree that each Party, its officers, agents, employees, members, docents, or volunteers while performing services pursuant to this Agreement will be acting as independent contractors and not as agents or employees of the other Party. Developer is responsible for and must secure, at its own expense, any and all payment of wages, benefits, and taxes, including, but not limited to, Income Tax, Social Security, State Disability Insurance Compensation, and any other payroll deductions for its agents. Developer 8 347
DRAFT
shall, at its own expense, maintain workers' compensation insurance as required by law, including coverage for all employees engaged in work under this Agreement, and shall provide current certificates of insurance to the City upon request. This Agreement does not create an agency, employee, partnership, or joint venture between the City and Developer.

17. MATERIAL MISREPRESENTATION. If during the course of the administration of this Agreement, the City determines that the Developer has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the City, and the City has relied upon the information, this Agreement may be immediately terminated without notice by the City in its sole discretion. If this Agreement is terminated according to this provision, the City is entitled to pursue any and all available remedies in law or in equity.

18. COUNTERPARTS. This Agreement may be signed in counterparts, each of which will constitute an original and which collectively shall constitute one instrument.

19. AUTHORIZATION. The Parties to this Agreement represent that the signatures executing this document are fully authorized to enter into this Agreement on behalf of the Party each signature represents.
[SIGNATURES ON FOLLOWING PAGE]
9 348
DRAFT
IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the Effective Date first written above.

CITY OF LOS BANOS, a California municipal
corporation
By: - - ---- ----- Name: Soknirom Than
Title: City Manager
ATTEST:

Name:

Title:

Lucy Mallonee
City Clerk
STONEFIELD HOME, INC., a California
corporation
By: --- ---- ----- Name: Greg Hostetler
Title: President
ATTACHMENT 8.

Northpointe at Regency Park Final
Development Plan

THIS ATTACHMENT IS A LARGE FILE AND IS
AVAILABLE IN THE CITY CLERK’S OFFICE OR AS A
PART OF THE AGENDA PACKET ON THE CITY’S
WEBSITE AT LOSBANOS.ORG.

THE ATTACHMENT CAN ALSO BE ACCESSED BY
VISITING THE FOLLOWING LINK:
http://losbanos.org/wp-content/uploads/2025/11/Northpointe-Final-DevelopmentPlan.pdf

IF YOU WOULD LIKE A COPY PRINTED FOR YOU,
PLEASE CONTACT THE CITY CLERK’S OFFICE AT
827-2448.
349
EXHIBIT "A"
Legal Description of the Property
11 350
EXHIBIT "B"
Vesting Tentative Tract Map
12 351
EXHIBIT "C'
Public Utility Easement
13 352
200 W. Willmott Avenue
Los Banos, CA 93635
(209) 826-5188
Fax (209) 826-4984
Email: [email protected]

BOARD OF DIRECTORS
Pepper Snyder
Ricardo Ortega
General Manager
President
Robert Nardi
Vice President
Keith Frost
Jeff Kerry
Frederic (Fritz) Reid, Ph.D.

VIA E-MAIL
Stacy Elms
October 21, 2025
Community and Economic Development Director
City of Los Banos
[email protected]
Re: Updated Comments on Planning Documents for Northpointe at Regency Park Dear Ms. Elms,
Grassland Water District ("GWD") writes to provide an update regarding its request for cooperation in connection with the proposed approval of planning documents for the Northpointe at Regency Park Project.

First, the Project developer has agreed to install and maintain a wrought-iron fence to restrain people from accessing the San Luis Canal. The fencing would be six feet in height and have a top rail that is difficult to climb over. This alleviates GWD's concern about public safety along the canal.

Second, the Project developer has agreed to not plant trees between the pedestrian walkway and the fence, which could hang over the fence and hinder GWD's ability to maintain its canal and levee. This alleviates GWD's concern about plantings and vegetation along the San Luis Canal. GWD encourages the planting of other vegetation that will not encroach on its canal easement to make the walkway visually attractive.

Ricardo Ortega
General Manager
Giona Boffa
Controller
353
LOsBanos
t I,, ,nwl o 1.111{1 , 111c1

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date:

Re:

Proposal:

November 19, 2025
Notice of Public Hearing
Northpointe at Regency Park
NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos City Council to consider General Plan Amendment #2022-02, Final Development #2022-02, and an Addendum to the previously certified Villa Surano Area Plan Environmental Impact Report (SCH #2006011135) for the Northpointe at Regency Park Project.

The Project proposes development of approximately 114 acres into 543 single-family residential lots, 4.23 acres of a multi-family residential parcel, 6 open space lots, and 1-acre site for future Fire Station No. 3. The project is located east of Place Road, north of Southpointe at Regency Park Subdivision, south of San Simeone Way, and west of the San Luis Canal, more specifically identified as Assessor's Parcel Number(s): 424-010-002, 005, and 006.

The Planning Commission considered these items at a duly noticed public hearing on November 12, 2025, and recommended approval to the Los Banos City Council. The Planning Commission also approved Vesting Tentative Tract Map #2015-02, contingent upon City Council approval of the Final Development Plan A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the City Council on Wednesday, December 3, 2025 at 6:00 p.m. in the Council Chambers of Los Banos City Hall located at 520 "J" Street, Los Banos, CA. Questions regarding the abovereferenced item may be directed to Justin Ragunton, Assistant Planner at City Hall or at (209) 827-2431 .

All persons are invited to be present at the public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing, in accordance with California Government Code Section 65009(b)(2).

Additional information may be obtained from Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing

THE CITY OF LOS BANOS
Justin Ragunton
Assistant Planner
355
ITEM 9
TO:

FROM:

DATE:

LOsBanos
t of Calif or i
Agenda Staff Report
Mayor Michael Amabile and City Council Members
Christy McCammond, Housing Program Manager
Stacy Souza Elms, Community and Economic Development Director December 3, 2025
TYPE OF REPORT: Agenda Item
SUBJECT: Emergency Shelter Options
Recommendation:

Provide Staff with direction for emergency shelter options:

1. Purchase of residential homes to increase shelter bed capacity for Emergency Shelter (discontinue rental model and add at least two more houses); or

2. Develop a Tiny Shelter Village using Statewide Purchase Agreements for emergency shelter structures; or

3. Purchase and rehabilitate local motel; or

4. Continuing current emergency shelter operations (Bridge House rentals and sanctioned tent encampment) and provide ongoing funding to sustain current operations.

Background:

The City of Los Banos has approximately 114 individuals experiencing homelessness according to the 2025 Point in Time (PIT) Count.

The City has created a comprehensive and coordinated system of addressing homelessness illustrated below. In order to continue to address the current and ongoing 356
needs, additional resources of emergency shelter and further development of affordable housing are needed.

Outreach and Engagement
•Encampments
•Person to Person Engagement
•Events
•Community Partners
Case Management
•Health and Service Access
•Employment Connection
•Food Connection
•Housing Navigation
Current Shelter Capacity
Systems Support
•Coordinated Entry System (CES)
• Prioritization
•Homeless Management
Information System (HMIS)
•Structured Approach
Public Space Management
•Code Enforcement
•Public Works
Shelter (more resource
needed for current
population)
Encampment/Tents
Bridge Houses
Permanent Supportive
Housing
One Tree Project
Future projects
The City currently has a maximum of 20 emergency/interim shelter beds available through the "Bridge Housing" program jointly funded by Merced City and County Continuum of Care (CoC) and the City of Los Banos. These beds are available in two different residential units rented and operated by Mission Merced, LLC. The Bridge Homes have remained at 100% occupancy since May 2023. Currently, the City does not have a sufficient amount of shelter beds for the Unhoused Residents living in the City limits. The rental of these units is subject to the ongoing renewal of the rental agreement with private landlords.

Permanent Supportive Housing
Fifty-eight (58) units of Permanent Supportive Housing (One Tree) are currently being constructed under the Encampment Resolution Fund and Central California Alliance for Health grants and will be available sometime on or before June 30, 2027 for those who are, or who have currently lived in the encampment in Los Banos. Units are operated under a deed restriction for housing affordability and will only be available to those qualifying under income restrictions and who can at least pay a rent equal to 30% of their total income. The Housing Division, along with the multidisciplinary team of community providers, are working diligently to connect as many people as possible to some form of income to ensure they will be eligible for a unit at the One Tree project. Many Unhoused Residents will be ready for move in at this project, but there will inevitably be an estimated 40-50 residents who may still need emergency shelter while case managers work on a connection to income, benefits, or other health facilities. Emergency shelter will remain a need for those who are not yet connected to income, social security, or rental subsidy. 357
Role of Emergency Shelter
Emergency Shelter is an essential element of the City's response to homelessness.

Participants in emergency shelter are able to stabilize and better participate in case management. There is a need for emergency shelter to preserve public spaces, address public health and safety issues, and to stabilize People Experiencing Homelessness; providing an environment where case management has an opportunity to be successful.

While Unhoused Community Members are in crisis and living in extreme conditions, case management will be challenging. Unhoused Community Members will focus on acute/emergent needs and have difficulty focusing on little else besides basic survival.

Staff recommends elevating the City's response with temporary shelter and case management resources and to augment the overall homeless response system as a pathway to permanent housing.

To demonstrate the effectiveness and importance of emergency shelter, an example is offered: A recent Participant who was living in the encampment accepted an emergency shelter bed in one of the City's Bridge Houses. She was able to stabilize her life, and enter substance use treatment. After a long period of sobriety, she received a job offer at the Bridge House as a House Monitor. Not long after, she received a Section 8 Voucher and has now secured permanent housing of her own. In the same week that she received news of her housing, she received a full-time job offer as an Enhanced Care Manager through the Rescue Mission. This person was living in the encampment just one short year ago. She is now employed full time in a job with benefits and has her own apartment to call home. Before she was able to participate in the Bridge Home program, with security, stability, and safety, it was incredibly difficult to participate in case management while in the encampment.

Discussion:

Currently the amount of shelter beds in the City of Los Banos is not equal to the amount needed for today's unhoused population. Adding to the need, several families with minor children (four (4) in the last six (6) weeks) have reached out who are unhoused and even more (at least three (3)) families have reached out in the last four (4) weeks indicating they are at risk of becoming homeless. Currently, there are no family shelters in the County of Merced, except through Valley Crisis Center for female victims and survivors of domestic violence. Further, the tents in the encampment are offered as only a temporary solution and have only a useful life span of not more than a year. A long-term emergency shelter solution for those currently unhoused, and those at risk of homelessness is needed.

Staff consisting of a Joint Commission of the following Departments: Community and Economic Development, Public Works, Fire, Finance, and Police were assembled to study data related to the current homelessness emergency shelter issue and develop options for City Council consideration.
358
These options include:

1. Purchase of residential homes to increase shelter bed capacity for Emergency Shelter (discontinue rental model and add at least two more houses); or

2. Tiny Shelter Village using Statewide Purchase Agreements for emergency shelter structures; or

3. Purchase and rehabilitate local motel; or

4. Continuing current emergency shelter operations (Bridge House rentals and sanctioned tent encampment) and provide ongoing funding to sustain current operations.

1. Purchase of residential homes to increase shelter bed capacity for Emergency Shelter (discontinue rental model and add at least two more houses).

Using Permanent Local Housing Allocation (PLHA) funds and City Funds, the City could purchase residential homes, over time using a phased approach, for emergency shelter use.

Landlords/Property Owners can terminate rental agreements at both Bridge Homes and make it difficult to sustain emergency shelter operations while a new rental is sourced.

Purchasing rather than renting could be a more reliable source of shelter and perhaps more economically feasible. The rental expense paid each month through the use of PLHA funding for one of the Bridge Homes is $2,650.00 for an annual rental expense of $31,800.00. The cost to operate one Bridge Home for one year is $128,400.00 If this option is chosen, the recommendation is to incrementally increase the amount of Bridge Homes using PLHA and City funds, to at least four homes to accommodate at least 10 people in each home. This would increase our shelter bed capacity to a total of 40 from the current 20 beds. In the future, this option could have the ability to develop an Accessory Dwelling Unit with each Bridge Home, further increasing bed capacity. The PLHA funds could be used to support ongoing operational costs which includes an Operator chosen by competitive bid.

Residential homes large enough to accommodate ten to twelve people in Los Banos range from $450K-$600K.

Total Average annual cost to operate and perform general maintenance for one Bridge Home today is averaging $128,400.00/annually. This does not include monthly rental costs.

Example of a current average Bridge Home monthly operational and maintenance budget:
359
Contracted Services Costs:

Food:

Utilities:

Transportation:

Repairs/Ma int.:

Insurance:

Total Monthly:
$6,000.00*
$2,300.00
$1,000.00
$300.00
$700.00
$400
$10,700
* One Full Time Service Coordinator and One House Manager Total estimated cost range for the purchase of four homes, including closing costs:
$1,980,00.00 - $2,700,400.00
Return on investment considering the annual cost of monthly rent only and a purchase price, plus closing cost on the most expensive home purchase is approximately 20-21 months.

Current Bridge Home rentals and their operations would need to be sustained while the rental method is converted to a purchase method. A phased purchase method will allow current emergency service levels to be continued.

Additional detail analysis on cost and operational logistic will be needed if this option is selected.

With this option, the City forgoes tax revenue and takes on maintenance, liability, and property management responsibility.

2. Tiny Shelter Village using Statewide Purchase Agreements for emergency shelter structures
The State of California adopted a statewide purchase agreement (Contract ID# 1- 23-54-01 B) with six (6) individual emergency shelter vendors.

Joint Commission Staff researched data regarding the efficacy of structured shelter villages with services and found evidence of a reduction of crime, and an increased rate of positive transitions from structured shelter villages to permanent housing.

The Joint Commission evaluated over fifteen (15) properties suited for an emergency shelter village which are located within the City limits. Both City and privately-owned properties were evaluated. A site near the current encampment scored highest based on criteria such as access to services, utilities, neighborhood compatibility, and future use of property. The property evaluation matrix is included in the agenda packet. 360
Joint Commission Staff also visited Grace Gardens in Modesto. The Modesto project is a very strong comparable. The project presented today very closely mirrors Grace Gardens in physical structure and mission objective. The Joint Commission Staff further worked with the City of Modesto to understand the costs, lessons learned, and methods used by the City of Modesto to build and sustain this type of project. Cost document is included in the agenda packet. The Modesto project will shelter one person per unit.

The Tiny Shelter Village would be served by an Operator chosen through competitive bid process and would also be supported by the leveraged resource of Medi-Cal CalAIM Enhanced Care Management program and Community Supports program for formal Case Management of Tiny Shelter Village Residents. This benefit is available to all MediCal clients enrolled with the Central California Alliance for Health members. More than 65% of the City's Unhoused Residents are currently enrolled in these programs with a current campaign underway to achieve 100% CalAIM coverage through either/both Enhanced Care Management and Community Support benefits. These Care Managers and Community Support Representatives will be assigned to Unhoused Community Members in the Tiny Shelter Village to provide services such as connection to income, employment, benefits, food, health care, family reunification , and other needs in order to reintegrate people to a pro-social environment.

The Tiny Shelter Village would be connected to City Services such as water, sewer, and connected to the electricity grid. Each shelter unit would be connected to electricity and have an electric "mini-split" air conditioning unit for cooling and heating. The Community Room, Laundry Room, and Bathrooms would also be connected to electricity, water, and sewer.

City of Modesto Grace Gardens Construction Data (provided 10/2025) Cost for 12 units sheltering 12 Participants (includes an ADA unit and laundry facilities unit.) are as followed:

A. Cabins (direct from Boss Cubes): $241 ,007
B. Site Construction: $527,482
C. Project Administration and Oversight: $172,518
D. Total Construction: $941,007.00 for 12 units (approximately $80,000 per unit) The cost data from Modesto is to be used as an estimate only. Staff would need to perform a formal procurement process to receive accurate bids for the City's unique project.

The Joint Commission Staff recommendation is to place at least 30 units of emergency shelter. Each shelter could accommodate up to 2 people, but ideally one person.

Using the Modesto cost data, the estimated total construction and materials costs for Los Banos for 30 units are estimated to be approximately $2.4 million dollars. This estimate does not include ongoing operations and services.
361
Ongoing operations and services for the 30 units are estimated to be approximately $100K per year. This expense could be funded by the ongoing PLHA Formula grant.

3. Purchase and rehabilitation of local motel
This option involves acquiring and rehabilitating an existing motel on East Pacheco Boulevard for emergency shelter and case management. This would require using a combination of future grant and City dollars to accommodate up to 50 Participants, or more, depending on the motel property.

This is the highest cost option (at least $3 million for site acquisition alone) and carries financial risk as rehabilitation may result in construction issues not easily apparent in the beginning of a project. Costs for rehabilitation could be between $2,000,000 to $4,000,000.

The recommendation of the Joint Commission Staff is to examine the Los Banos Motel and the La Plaza Inn for feasibility through the use of a contracted construction consultant before considering this option further and before bringing estimated costs associated with this option to the City Council.

As an alternative, the hotel chosen could be leased by the City, as is; with no rehabilitation, for an ongoing cost of at least $150K per month, for an estimated annual cost of $1.8 million. This option is highly infeasible and not recommended.

4. Continue current emergency shelter operations (Bridge House rentals and sanctioned tent encampment)
This option maintains the status quo, no changes would occur with current service and supply levels.

Tents would need to be regularly replaced as their expected useful life is 8-12 months.

Tent costs range from $800-$1000 each and at least 40 tents would be purchased annually. Replacement costs for tents estimated at $40,000 per year.

Public Works staff time costs annually for encampment maintenance is approximately $65,000.00. Police Department staff time costs annually for encampment maintenance is approximately $65,000.00.

Case Management services for the Encampment Residents would continue to be provided by City of Los Banos Outreach Coordinators, community providers, and governmental agencies.

One Bridge Home would continue to be funded through PLHA, but there is no guarantee that the County or the Continuum of Care Committee will continue to fund the other Bridge House.
362
If option #4 is selected, it is recommended that laundry and shower units are placed in the encampment. Currently there is no staff or volunteer force identified to operate shower or laundry facilities, but we know the benefits of providing these two services. Laundry and shower mobile services were researched and currently no laundry organizations providing this service operate in Los Banos or are willing to expand to Los Banos. A mobile shower unit has been offered by Bethel Community Church, but the City does not have workforce capacity to operate and maintain the unit without additional funding. Both Shower and laundry units would require public utilities. The Joint Commission Staff is drafting procurement/bid documents to study the costs associated with building and operating laundry and shower facilities.
363
Table Of Emergency Shelter Options
Option Capital Annual Pros Cons Occupancy Cost per occupant Costs Ongoing Potential
Costs
1 Purchase of Homes $1.98-$2.7 Total Average Stability of Loss of tax 40 $12,840/Person/Yr/ as Emergency million annual cost to ownership revenue. Annual Operations Shelters Purchase of operate and leads to Maintenance
perform ongoing and
4 homes, no responsibilities $67,500/Person
rehabilitation general availability of home Capital Costs included maintenance of ownership.
for four emergency Decreases
homes costs shelter housing stock
$513,600.00 for other
annually community
members
2 Tiny Shelter Village $2.4 million Projected Ownership of Shorter life 30-40 $2,500/Person/Yr for 30 units, services
units and
span of Annual Operations future
plus contract and possibility of units
laundry, maintenance use of units. compared $60,000/Person showers, $100K/year Dedicated to purchase Capital Costs space on City bathrooms property of homes
All Residents
in one place
for ease of
service
delivery and
security
3 Acquisition/Purchase At least Projected Dedicated Cost is high 60-70 $2,571.00/Person/Yr and Rehabilitation of $3million for services property for Old motel Annual Operations Local Motel purchase and emergency properties may
$1-$2 million contract and shelter have costly
for repairs and maintenance Potential to repairs and $71,428/Person maintenance
rehabilitation could cost convert to Displacement of Capital Costs to bring upto Permanent current motel
property to $180,000.00 Supportive patrons
code annually Housing Long process of
All purchase.

Participants Loss of TOT tax
in one
location
4 Continue Current No Capital Replacement of Least Tents not long- 40 $4,865/Person/Yr Model Costs tents, rental of Costly term, Annual Operations porta potties, PD inadequate for and PW staff option weather. No
time, Dump fees stability/safety No Capital Costs
could cost up to case
$194,600.00 management
annually. difficult
Public space
appearance
364
Reviewed by:

Soknirorn Than, City Manager
Attachments:

1. Site Selection Matrix
365
Tiny Shelter Village Property Selection Decision Matrix Score 1-5 (5 is Optimum, 1 is not preferred)
Proximity to Proximity to Time to
City• Parcel Residential, Utilities Proximity Contami Acquire/ Property List Cost Owned Score Size Downtown (Electricity, to Services nation Prepare ? and Schools Sewer, Water) Parcel
1 Property #17, Ward Rd. Lot/Water Tank 5 3 5 3 1 3 4 5 29 4 2 Property #1 2nd and H 3 1 3 5 1 3 3 5 24
3 City-Owned Residences Near Bethel behind old PD Building 3 1 5 5 5 3 3 5 30 3 4 5th and I St. (Farnham's Property) 2 1 5 5 5 1 3 1 23 5 Texas and H (Comcast) 4 1 3 5 5 1 1 1 21
6 Hand 7th 540 H. St 5 1 5 5 1 1 1 1 20
7 7th and G (Southeast Corner is City-Owned) 5 1 5 5 1 1 3 5 26 8 5th and F (County Owned) 5 4 5 5 5 3 3 1 31 2
9 Property next to airport (La Salvia's) 5 5 5 2 5 1 1 1 25 10 Current Encampment Site (1111 G. St) 5 1 5 5 1 1 3 5 26 11 G Between 9th and 10th 5 4 5 5 s 5 5 5 39 1
366

TINY SHELTER VILLAGE

PROPERTY SELECTION DECISION MAP

Los Banos City CouncilDecember 3, 2025

Los Banos City Council
December 3, 2025