Agenda packet — Los Banos City Council, February 4, 2026

www.losbanos.org
Los Banos City Council Agenda – February 4, 2026 Page 1 of 4 AGENDA

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
FEBRUARY 4, 2026 – 6:00 PM
Live stream on YouTube at:
https://www.youtube.com/@losbanos406
_________________________________________________________________________________ Please note: The Brown Act provides the public with an opportunity to make public comment at any public meeting. As an alternative for in-person comments, written public comment may be made by e-mail to [email protected] or delivered to the City Clerk at City Hall, 520 J Street. All comments received will be read by the City Clerk during Public Forum and added to the agenda packet on the City’s website for public review. Agenda packets can be found on the City’s website at the following link: https://losbanos.org/category/city-council/ ________________________________________________________________________ Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk’s office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City’s website at www.losbanos.org.
* * * * * * * * * * * * * * * *
Cualquier escritura o los documentos proporcionaron a una mayoría del Ayuntamiento respecto a cualquier artículo en este orden del día será hecho disponible para la inspección pública en la reunión y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos, California durante horas de oficina normales. Además, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org.

If you require special assistance or translation services to attend or participate in this meeting, please call the City Clerk’s Office @ (209) 827-7000 at least 48 hours prior to the meeting.

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

La Ciudad de Los Banos cumple con la ley de Estadounidenses con Discapacidades (ADA) de 1990.
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I
Los Banos City Council Agenda – February 4, 2026 Page 2 of 4

1. CALL TO ORDER – February 4, 2026 6:00 PM

2. PLEDGE OF ALLEGIANCE.

3. ROLL CALL: (City Council Members)
____ Mitzy Perez – District 1 ____ [vacant] – District 2 ____ Marcus Chavez – District 3 ____ Deborah Lewis – District 4 ____ Michael Amabile – Mayor

4. CONSIDERATION OF APPROVAL OF AGENDA.

Recommendation: Adopt the agenda as submitted.

5. PRESENTATION.

A. Proclamation Recognizing Stuart McCullough.

B. Proclamation Recognizing Four Chaplains Day.

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

7. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.) A. Check Register for #255813 – #256050 in the Amount of $1,401,744.65.

Recommendation: Approve the check register as submitted.

B. City Council Resolution No. 7043 – Designating Thirty (30) Taser x26 Units as Surplus Equipment.

Recommendation: Adopt the resolution as submitted.

8. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.)
A. Public Hearing – To Receive Public Comment and Consideration of Conditional Use Permit #2025-03 to Allow the On-Sale of Alcohol (Type 41 ABC License – Beer and Wine) at D Pho, Inc., Located at 2160 E. Pacheco Boulevard, Suites D & E.
2 pgs. 1-4
pgs. 5-8
pgs. 9-12
pgs. 13-14
pgs. 15-36
Los Banos City Council Agenda – February 4, 2026 Page 3 of 4 1) City Council Resolution No. 7044 – Finding Conditional Use Permit #2025-03 Categorically Exempt From the California Environmental Quality Act (CEQA) and Approving Conditional Use Permit #2025-03 to Allow the On-Sale of Beer and Wine (Type 41 ABC License) at D Pho, Inc., Located at 2160 East Pacheco Boulevard, Suites D and E.

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

B. Public Hearing – To Receive Public Comment and Consideration of Final Development Plan#2024-01 and Development Agreement for the Villages VI Subdivision.
1) City Council Resolution No. 7045 – Approving Final Development Plan #2024-01 for the Villages VI Subdivision.
2) Ordinance No. 1214 – Approving a Development Agreement Relative to the Development Known as Villages VI (Rosalyn M. Simon Revocable Trust UTD). (First Reading & Introduction)
Recommendation: Receive staff report, open the public hearing, adopt the resolution, waive the first reading, and introduce the ordinance as submitted.

9. PIONEER ROAD PROJECT UPDATES.

Recommendation: Receive staff report.

10. DE ANZA WAY AND MERCEY SPRINGS ROAD (SR 165) INTERSECTION PROJECT UPDATES.

Recommendation: Receive staff report.

11. CITY DEPARTMENT REPORTS.

A. Community & Economic Development
B. Finance
C. Fire
D. Human Resources
E. Parks & Recreation
F. Police
G. Public Works
Recommendation: Informational item only, no action to be taken.

12. CITY ATTORNEY REPORT.

Recommendation: Informational item only, no action to be taken. 3 pgs. 37-144
pgs. 145-146
pg. 147
Los Banos City Council Agenda – February 4, 2026 Page 4 of 4

13. CITY MANAGER REPORT.

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

14. CITY COUNCIL MEMBER REPORTS.

A. Mitzy Perez – District 1
B. [vacant] – District 2
C. Marcus Chavez – District 3
D. Deborah Lewis – District 4
E. Michael Amabile – Mayor

15. CLOSED SESSION.

A. Conference with Legal Counsel – Existing Litigation, Pursuant to Government Code Section 54956.9(d)(1), Name of Case: Los Banos Enterprise, LLC v.

City of Los Banos, Merced Superior Court Case No. 24CV-03797.

B. Public Employee Performative Evaluation, Title: City Manager, Pursuant to Government Code Section 54957(b).

16. ADJOURNMENT.

I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. ______________________________________________________________________________________________________________________________ Vionna Lin, Assistant City Clerk Dated this 29th day of January 2026 4 PROCLAMATION RECOGNIZING
Stuart mccullough

APPROVED:
_________________________________
ATTEST: Michael S. Amabile, Mayor
_____________________________________
Lucille L. Mallonee, City Clerk
WHEREAS, Mr. Stuart McCullough earned his 4th California State Duck Calling title on August 23, 2025, at the 15th Annual California State Championship and Outdoor Exposition held in Colusa, California; and WHEREAS, Mr. McCullough achieved a significant world-stage milestone by winning the “2025 Senior World Duck Calling Championship” as part of the “Wings Over the Prairie Festival / World’s Championship Duck Calling Contest”; and
WHEREAS, Mr. McCullough has dedicated three decades to the sport of duck calling, demonstrating sustained excellence, discipline, and sportsmanship while earning a respected place among California’s most accomplished competitors; and
WHEREAS, prior to his return to the competitive stage, Mr.

McCullough’s leadership within the sport has been widely recognized through his work coaching callers of all ages, judging contests locally and nationally, and serving for many years as the Master of Ceremonies for the contest and exposition weekend in Colusa; and
WHEREAS, Mr. McCullough has competed in more than 130 calling contests across the nation and earned over 30 titles in events including world qualifiers, open competitions, and two-man team events since 1998; and WHEREAS, beyond the stage, Mr. McCullough serves his community as an educator, currently teaching Ag Food Science and coaching Public Speaking, reinforcing the values of preparation, confidence, and personal growth in the next generation; and
WHEREAS, Mr. McCullough’s return to competition was inspired by his son’s appreciation of the special memories created through the sport, reflecting the powerful role that traditions, family, and mentorship play in shaping community life.

NOW, THEREFORE, I, Michael S. Amabile, Mayor, and the City Council of the City of Los Banos, California, do hereby proclaim that the City of Los Banos recognizes and commends Stuart McCullough for his exceptional achievements and we applaud his commitment to representing Los Banos and the State of California with excellence on the national and the world stage.

BE IT FURTHER PROCLAIMED THAT the City of Los Banos
expresses its appreciation for Mr. McCullough’s years of leadership, coaching, judging, and community-minded service, and congratulates him on these milestone accomplishments.

In witness whereof, I have hereunto set my hand and cause to be affixed the seal of the City of Los Banos, this 4th day of February, 2026. 5 LOsBan
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ITEM 5

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6 PROCLAMATION RECOGNIZING

FOUR CHAPLAINS SUNDAY

APPROVED:
_________________________________
ATTEST: Michael S. Amabile, Mayor
_____________________________________
Lucille L. Mallonee, City Clerk
WHEREAS, February 3, 2026 marked the 83rd anniversary
of the sinking of the troopship U.S. Army Transport Dorchester, which carried to their deaths four U.S. Army Chaplains of three faiths who stood united in prayer as the ship went down; and WHEREAS, these four Chaplains, Methodist, Jewish,
Roman Catholic, and Protestant gave their own life jackets to four soldiers and thus sacrificed their own lives to save the lives of others; and
WHEREAS, the heroic deeds of Chaplains Lt. George L. Fox, Lt. Alexander D. Goode, Lt. John P. Washington, and Lt. Clark V.

Poling and their combined act of supreme devotion and sacrifice for American liberty and human freedom will be an inspiring and evershining example of real brotherhood for all time to the people of the United States and the world; and
WHEREAS, we must all see to it that their supreme sacrifice to the common cause of human freedom and justice for all shall not have been in vain.

NOW, THEREFORE, BE IT PROCLAIMED, I, Michael S.

Amabile, Mayor, and the City Council of the City of Los Banos, California, do hereby recognize February 8, 2026 as “Four Chaplains Sunday” and encourage all to give special recognition to the memory of those who sacrificed their lives for the cause of freedom.

In witness whereof, I have hereunto set my hand and cause to be affixed the seal of the City of Los Banos, this 4th day of February 2026.
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8 9
CK# 255813 - # 256050 02/04/26 $1,401,744.65
LosBanos
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Check Number Payment Date Vendor Payment Amount
255813 01/16/2026 Agile Occupational Medicine PC 590.00 255814 01/16/2026 Michael Amabile 86.33
255815 01/16/2026 Anabasis LLC 53,763.05
255816 01/16/2026 Apex Annex Health Center, Inc. 750.00 255817 01/16/2026 AT&T Mobility 6,005.39
255818 01/16/2026 Best Best & Krieger 6,761.60
255819 01/16/2026 Central Valley Cardiovascular Group Inc. 600.00 255820 01/16/2026 Jarazeth Del Real 181.00
255821 01/16/2026 Jelene de Melo 585.95
255822 01/16/2026 KD Medical Group, Inc. 33.00
255823 01/16/2026 Deborah Lewis 50.56
255824 01/16/2026 Merced MRI Medical Group 900.00
255825 01/16/2026 PG&E Company 123,269.64
255826 01/16/2026 Natalie Sobalvarro 2,875.00
255827 01/16/2026 State Water Resources Control Board 65.00 255828 01/16/2026 Trans County Title Co. 400.00
255829 01/16/2026 AAA Business Supplies 97.71
255830 01/16/2026 Agee Construction Corporation 319,105.00 255831 01/16/2026 Alves Management, Inc 140.00
255832 01/16/2026 American Society of Composers,Authors & Publishers 458.00 255833 01/16/2026 AT&T Mobility National Accounts, LLC 735.00 255834 01/16/2026 AT&T Mobility 106.22
255835 01/16/2026 AT&T 384.09
255836 01/16/2026 BJ's Consumers Choice Pest Control Inc. 125.00 255837 01/16/2026 Blueglobes LLC 868.96
255838 01/16/2026 BlueTriton Brands, Inc. 79.94
255839 01/16/2026 Bound Tree medical LLC 424.10
255840 01/16/2026 Stericycle Inc 228.61
255841 01/16/2026 BSK Associates 780.09
255842 01/16/2026 Cascade Fire Equipment Company 413.26 255843 01/16/2026 CENCAL Machine & Fabrication Inc. 380.88 255844 01/16/2026 Cintas Corporation No.2 183.22
255845 01/16/2026 Clark Pest Control Inc 102.00
255846 01/16/2026 Comcast 108.16
255847 01/16/2026 Cook's Communications Corp. 890.83
255848 01/16/2026 CPS 1,384.00
255849 01/16/2026 Craigo Investments Inc. 165.68
255850 01/16/2026 CSG Consultants Inc. 138,597.79
255851 01/16/2026 LN Curtis & Sons 4,680.00
255852 01/16/2026 CVCWA 3,500.00
255853 01/16/2026 Dos Palos Publishing Company 350.00
255854 01/16/2026 Electric Drives Inc 450.00
255855 01/16/2026 EMC Planning Group Inc 1,461.60
255856 01/16/2026 Fehr & Peers 3,967.38
255857 01/16/2026 Food 4 Less 359.04
255858 01/16/2026 Golden State Warriors LLC 10,926.00
255859 01/16/2026 Galvin Preservation Associates, Inc. 8,400.61 255860 01/16/2026 GoTo Communications, Inc. 4,025.10
255861 01/16/2026 Jeanne Gliddon 150.00
ITEM 7A
10 255862 01/16/2026 Hach Company 245.78
255863 01/16/2026 Halcyon Creek Inc. 58,367.90
255864 01/16/2026 Hi Tech Emergency Vehicle Services, Inc 7,591.13 255865 01/16/2026 Hoffman Electronic Systems 106.95
255866 01/16/2026 lnfoSend Inc. 6,820.96
255867 01/16/2026 Jerry Kelly Inc. 434.18
255868 01/16/2026 J.J.R. Enterprises Inc. 2,982.93
255869 01/16/2026 Los Banos Veterinary Services 5,616.53 255870 01/16/2026 Life Line Screening of America 600.00 255871 01/16/2026 Tires to you Inc 4,648.97
255872 01/16/2026 Marfab Inc 538.32
255873 01/16/2026 Martin Marietta Materials, Inc. 1,224.80 255874 01/16/2026 McCrometer Inc. 494.00
255875 01/16/2026 Merced County Regional Waste Management Authority 5,172.90 255876 01/16/2026 Merced County Weights & Measures 176.40 255877 01/16/2026 Merced Truck & Trailer Inc 39.74
255878 01/16/2026 Mission Merced Incorporated 13,414.21 255879 01/16/2026 Modesto Janitorial Supply Center, Inc. 346.78 255880 01/16/2026 Monterey Auto Services Inc. 2,335.68
255881 01/16/2026 Napa Auto Parts of Los Banos 34.79
255882 01/16/2026 OSE 195.71
255883 01/16/2026 O'Reilly Auto Parts 118.74
255884 01/16/2026 PG&E Company 4,377.66
255885 01/16/2026 Pace Supply Corp. 4,258.14
255886 01/16/2026 Peninsula Clean Energy Authority 5,309.67 255887 01/16/2026 Phoenix Group Information Systems 1,998.52 255888 01/16/2026 Enrique Pineda 4,200.00
255889 01/16/2026 Pitney Bowes Inc 144.41
255890 01/16/2026 Precision Civil Engineering, Inc 6,712.50 255891 01/16/2026 Provost and Pritchard Engineering, Inc. 23,477.10 255892 01/16/2026 Purchase Power Inc 8.32
255893 01/16/2026 Amanda Pineda 500.00
255894 01/16/2026 Quad Knopf, Inc. 1,696.20
255895 01/16/2026 Jeremy Rahn 2,075.25
255896 01/16/2026 Sample Traps LLC 709.00
255897 01/16/2026 Save Mart Supermarkets 86.67
255898 01/16/2026 Michael Bartholomew 1,042.79
255899 01/16/2026 Sherwin Williams Co 379.85
255900 01/16/2026 SNG & Associates, Inc. 536.00
255901 01/16/2026 Sorensens True Value 1,180.73
255904 01/16/2026 Stantec Consulting Services, Inc. 19,760.50 255905 01/16/2026 Tap Master, Inc. 17,581.00
255906 01/16/2026 Technicon Engineering Services, Inc. 847.50 255907 01/16/2026 Technoflo Systems 902.93
255908 01/16/2026 Turlock Truck Stuff LLC 1,425.36
255909 01/16/2026 Tyler Technologies, Inc. 27,518.75
255910 01/16/2026 United Site Services, Inc. 133.25
255911 01/16/2026 USA Blue Book 866.34
255912 01/16/2026 Underground Electric Construction Co. LLC 1,902.26 255913 01/16/2026 Vestis Group, Inc. 136.66
255914 01/16/2026 Vestis 296.59
255915 01/16/2026 Verizon Wireless 2,108.37
255916 01/16/2026 West & Associates Engineering, Inc. 1,950.00 255917 01/16/2026 Westside Veterinary Service, Inc. 761.25 255918 01/16/2026 Westside Water Conditioning 564.45
255919 01/16/2026 West Publishing Corporation 550.00
255920 01/16/2026 Westwood Professional Services, Inc. 7,942.25 11 255921 01/16/2026 Windecker Inc 4,526.17
255922 01/16/2026 Paula Wolk 600.00
255923 01/16/2026 Young's Air Conditioning 62,532.29
255934 01/20/2026 Aflac-Customer Service 215.93
255935 01/20/2026 AFSCME District Council 57 2,069.23
255936 01/20/2026 Empower Annuity Ins. Co of America 1,897.11 255937 01/20/2026 Empower Annuity Ins. Co of America 2,942.00 255938 01/20/2026 Franchise Tax Board 12.81
255939 01/20/2026 Los Banos Fitness & Racquet Club 110.00 255940 01/20/2026 Los Banos Police Assn 945.00
255941 01/20/2026 Los Banos Police Assn. 315.00
255942 01/20/2026 MissionSquare 1,595.89
255943 01/20/2026 MissionSquare 11,025.00
255944 01/20/2026 Nationwide Retirement Solutions 5,438.16 255945 01/20/2026 Professional Fire Fighter of Los Banos Local 4703 735.15 255946 01/20/2026 State Disbursement Unit 1,471.00
255947 01/21/2026 Margarita Ortiz 497.51
255948 01/21/2026 Paschina Weed ling 438.26
255949 01/23/2026 Apex Annex Health Center, Inc. 3,070.00 255950 01/23/2026 Central Valley Cardiovascular Group Inc. 800.00 255951 01/23/2026 Dept of Housing & Community Development State NSP 15,560.00 255952 01/23/2026 KD Medical Group, Inc. 249.00
255953 01/23/2026 Anahi Melgoza 380.00
255954 01/23/2026 Merced County 34.00
255955 01/23/2026 Trans County Title Co. 400.00
255956 01/23/2026 Allstar Fire Equipment 2,019.12
255957 01/23/2026 APLPD Holdco, Inc. 348.86
255958 01/23/2026 AT&T 427.12
255959 01/23/2026 Emiliano Villa Barrios 225.00
255960 01/23/2026 Barton Overhead Door Inc 805.00
255961 01/23/2026 BJ's Consumers Choice Pest Control Inc. 493.00 255962 01/23/2026 BlueTriton Brands, Inc. 89.45
255963 01/23/2026 Boot Barn 420.74
255964 01/23/2026 Broadcast Music, Inc 459.00
255965 01/23/2026 BSK Associates 3,056.88
255966 01/23/2026 BWR Tools LLC 186.07
255967 01/23/2026 Ca Dept of Justice Cashiering Unit 966.00 255968 01/23/2026 California Building Standards Commission 1,047.60 255969 01/23/2026 Cascade Fire Equipment Company 563.00 255970 01/23/2026 CDTFA California Dept. ofTax & Fee 391.00 255971 01/23/2026 Cintas Corporation No.2 733.96
255972 01/23/2026 Central Sanitary Supply, LLC 799.59
255973 01/23/2026 Clark Pest Control Inc 119.00
255974 01/23/2026 Comcast 123.16
255975 01/23/2026 Custom Locksmith & Alarm Inc. 381.40
255976 01/23/2026 D & D Pest Control 92.00
255977 01/23/2026 De Lage Landen Public Finance LLC 2,788.59 255978 01/23/2026 Division of the State Architect 216.90 255979 01/23/2026 Dos Palos Publishing Company 1,638.00 255980 01/23/2026 Dept of Conservation Div of Admin Services 3,153.23 255981 01/23/2026 Electric Drives Inc 1,326.93
255982 01/23/2026 Federal Express Corporation 49.35
255983 01/23/2026 Fresno Truck Center 396.20
255984 01/23/2026 Garton Tractor Inc 162.44
255985 01/23/2026 Grainger Parts Operations 453.17
255986 01/23/2026 Hilmar Lumber Inc. 43.09
255987 01/23/2026 Haggerty Construction 1,902.26
12 255988 01/23/2026 Hensley's Paving 902.26
255989 01/23/2026 Jerry Kelly Inc. 191.40
255990 01/23/2026 J.J.R. Enterprises Inc. 151.01
255991 01/23/2026 Krazan & Associates 7,490.00
255992 01/23/2026 Language Line Services 19.74
255993 01/23/2026 Mark Thomas & Company. Inc. 36,434.76 255994 01/23/2026 Marfab Inc 179.99
255995 01/23/2026 Merced County Law Enforcement Chief's Association 125.00 255996 01/23/2026 Monterey Auto Services Inc. 1,993.61
255997 01/23/2026 Napa Auto Parts of Los Banos 765.02
255998 01/23/2026 NDN International LLC 11,192.80
255999 01/23/2026 O'Reilly Auto Parts 447.32
256000 01/23/2026 PG&E Company 110.92
256001 01/23/2026 Peninsula Clean Energy Authority 9,104.24 256002 01/23/2026 Purchase Power Inc 8.32
256003 01/23/2026 SJVAPCD 1,392.00
256004 01/23/2026 Safe T Lite of Modesto, Inc. 503.47
256005 01/23/2026 Save Mart Supermarkets 131.22
256006 01/23/2026 Sherwin Williams Co 57.04
256007 01/23/2026 SoCal PPE, LLC 568.75
256008 01/23/2026 Sorensens True Value 1,222.93
256010 01/23/2026 Stantec Consulting Services, Inc. 4,417.20 256011 01/23/2026 Superior Pool Products, LLC 5,697.37
256012 01/23/2026 The Heil CO 297.50
256013 01/23/2026 The Sidwell Company 1,110.00
256014 01/23/2026 Thirkettle Corporation 62,271.49
256015 01/23/2026 Turlock Truck Stuff LLC 8,640.34
256016 01/23/2026 USA Blue Book 64.38
256017 01/23/2026 Valley Iron Inc. 1,862.54
256018 01/23/2026 Vanir Construction Management, Inc. 9,732.50 256019 01/23/2026 Vestis Group, Inc. 2,342.29
256021 01/23/2026 Vestis 2,037.84
256022 01/23/2026 Verizon Wireless 295.37
256023 01/23/2026 Westside Water Conditioning 193.50
256024 01/23/2026 Windecker Inc 4,322.36
256025 01/23/2026 Young's Air Conditioning 776.00
256049 01/26/2026 Trans County Title Co. 800.00
256050 01/26/2026 Westamerica Bank - Cafeteria Plan 123,763.09 Break in check sequence due to the following: Payment Type Check #255811- #255812 (Payroll) Regular Checks 201 1,401,744.65 Check #255902 - #255903 (Manual Void) Manual Voids 4
Check #255924 - #255933 (Utility Billing) Voided Checks 0 Check #256009 (Manual Void) 1,401,744.65
Check #256020 (Manual Void)
Check #256026 - #256048 (Utility Billing)
1 Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: Police Chief Reyna
DATE: February 4, 2026
TYPE OF REPORT: Consent Agenda
SUBJECT: A Resolution of the City Council of the City of Los Banos Designating Thirty (30) Taser X26 Units as Surplus Equipment
______________________________________________________________________ Recommendation: Staff recommends the Council adopt a Resolution designating thirty (30) Taser X26 Units as surplus equipment.

Discussion:

The Los Banos Police Department has recently transitioned from the Taser X26 units to the Taser 10 units resulting in a significant inventory of X26 units that are no longer in service. The City of San Bernardino does not currently have sufficient X26 units on hand for their personnel and inquired about the City’s willingness to surplus the X26 units to the San Bernardino Police Department. The donation would be contingent upon City of San Bernardino’s execution of a Release in favor of the City of Los Banos.

Fiscal Impact:

None
Reviewed by:
_______________________________
Nirorn Than, City Manager
Attachments:

Resolution
13 ~ LOsBanos
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ITEM 7B
1 RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS DESIGNATING THIRTY
(30) TASER X26 UNITS AS SURPLUS

EQUIPMENT
WHEREAS, the City Council of the City of Los Banos (“City”) has received a request to designate thirty (30) Taser X26 units as surplus property; and WHEREAS, the Los Banos Police Department has recently transitioned from the Taser X26 units to the Taser 10 units resulting in a significant inventory of X26 units that are no longer in service; and
WHEREAS, the City of San Bernardino does not currently have sufficient X26 units on hand for their personnel and inquired about the City’s willingness to donate the surplus X26 units to the San Bernardino Police Department.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby designate the thirty (30) Taser X26 units as surplus equipment and approves the donation of the units to the City of San Bernardino Police Department subject to execution of a Release by the City of San Bernardino in favor of the City of Los Banos.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 4th day of February 2026, 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
14 1
Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: Stacy Souza Elms, Community and Economic Development Director DATE: February 4, 2026
TYPE OF REPORT: Public Hearing
SUBJECT: Conditional Use Permit #2025-03 to Allow the On-Sale of Alcohol (Type 41 ABC License – Beer and Wine) at D Pho, Inc., Located at 2160 E. Pacheco Boulevard, Suites D & E
______________________________________________________________________ Recommendation:

Staff recommends that the City Council:

1. Adopt a Resolution finding the proposed project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities), and approve Conditional Use Permit #2025-03 to allow the on-sale of beer and wine (Type 41 ABC License) at D Pho, Inc., located within the Highway Commercial (H-C) Zoning District at 2160 E. Pacheco Boulevard, Suites D & E, Assessor’s Parcel Number (APN) 428-160-034, subject to the attached Conditions of Approval.

Background:

D Pho, Inc. is an existing full-service Vietnamese restaurant located at 2160 E. Pacheco Blvd., Suites D & E. The restaurant serves a variety of traditional Vietnamese dishes and beverages. The business originally opened in March 2023 in Suite D and has since expanded into the adjacent Suite E.
15 LOsBanos
At the Crossroads of California
ITEM 8A
2 The applicant proposes to enhance the dining experience by offering beer and wine for on-site consumption in conjunction with meals. The request is for a Type 41 Alcoholic Beverage Control (ABC) license, which authorizes the on-sale of beer and wine at a bona fide eating establishment.

The proposed hours of operation for alcohol service would be consistent with the restaurant’s existing business hours: 11 a.m. to 8 p.m. Tuesday through Sunday.

On January 14, 2026, the Planning Commission held a duly noticed public hearing to consider Conditional Use Permit #2025-03. At the conclusion of the public hearing, the Planning Commission adopted Resolution No. 2026-02 recommending that the City Council find the project categorically exempt from CEQA and approve Conditional Use Permit #2025-03, subject to the Conditions of Approval.

LOCATION:

The project site is located at 2160 E. Pacheco Blvd., Suites D & E, within the College Plaza Shopping Center, and is zoned Highway Commercial (H-C). Surrounding land uses include commercial establishments to the south, west, and east, and residential development to the north. The subject site is indicated by the red star in the following map.
16 CUP#2025-03 - D Pho (Type 41 ABC)
3 LAND USE:

Property Land Use Zone General Plan
Project site Commercial H-C RC
North Residential R-1 LDR
South Commercial H-C RC
East Commercial H-C RC
West Commercial H-C RC

H-C = Highway Commercial RC = Regional Commercial
R-1 = Low Density Residential LDR= Low Density Residential

ENVIRONMENTAL ASSESSMENT:

Pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, the project is categorically exempt from the provisions of CEQA – Article 19, Section 15301, Existing Facilities. The request involves the permitting and licensing of an existing commercial tenant space and does not include expansion of the structure or change in intensity of use at 2160 E. Pacheco Blvd., Suites D & E.

USE PERMIT ANALYSIS
Code Requirements
Pursuant to the Los Banos Municipal Code Section 9-3.2322, a Conditional Use Permit is required for any establishment dispensing for sale or other consideration alcoholic beverages, including beer and wine, for on-sale or off-sale. The Planning Commission is the recommending body and the City Council is the decision-making body for Conditional Use Permits for the on-sale and off-sale of alcoholic beverages.

A Conditional Use Permit may be granted if the proposed use is conforming to the following criteria:

General Use Permit Criteria:

1. That the proposed use and project is consistent with the City of Los Banos General Plan, and Los Banos Municipal Code;

2. That the proposed use or project will not be a nuisance or detrimental to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use;

3. That the proposed use is compatible with the adjacent uses, properties and neighborhoods and will not be detrimental or injurious to property and improvement in the neighborhood or to the general welfare of the City.

Specific On-Sale and Off-Sale Alcoholic Beverages Criteria:

1. That the proposal will not contribute to undue proliferation of such uses in an area where additional ones would be undesirable with consideration given to the area’s 17 4
function and character, problems of crime and loitering, and traffic problems and capacity;

2. That the proposal will not adversely affect adjacent or nearby churches, temples, or synagogues; public, parochial, or private elementary, junior high, or high schools; public parks or recreation centers; or public or parochial playgrounds;

3. That the proposal will not interfere with the movement of people along an important pedestrian street; and

4. That where the proposed use is in close proximity to residential uses, and especially to bedroom windows, the use will be limited in hours of operation, or designed operated so as to avoid the disruption of residents’ sleep between the hours of 10:00 p.m. and 7:00 a.m.

Staff has evaluated the proposal pursuant to the above criteria set forth in the Municipal Code and offers the following observations:

1. The primary use of the site will remain a full-service restaurant.

2. The on-sale of beer and wine sales is compatible with the Highway-Commercial Zoning District and surrounding commercial uses.

3. Staff is not aware of existing issues related to crime and loitering in the immediate area that would be exacerbated by the approval of the request.

4. Approval of the request will not contribute to the undue proliferation of alcohol serving establishments. Conditions of Approval are included to regulate operational characteristics and address public health, safety, loitering, and noise concerns.

5. The project site is approximately 3,800 feet from a place of worship, approximately 2,050 feet from a junior high school, approximately 2,700 feet from a transitional kindergarten, and approximately 3,500 feet from an elementary school. With the proposed Conditions of Approval, the project will not result in adverse impacts to these uses.

6. The site is located within an established shopping center that is primarily commercial in nature. Conditions of Approval address operational standards to ensure pedestrian safety and prevent loitering.

7. Residential uses are located north of the site. Given the limited hours of operation and Conditions of Approval, the proposed use will not adversely affect nearby residential properties.

All sales of alcohol will occur within the restaurant and must be consumed on the premises. The business will be subject to all applicable provisions of the Los Banos Municipal Code, including the Noise Ordinance.

Alcoholic Beverage Control
The Alcoholic Beverage Control Board (ABC) is the issuing authority for a Type 41 alcohol license. The City’s authority for the sale of alcohol is through its land use powers embodied within the Los Banos Zoning Code.
18 5
ABC has the authority according to Section 23801 of the Business and Professions Code to exercise certain conditions under the license, the personal qualifications of the licensee, the conduct of the business or the condition of the premises, which will protect the public welfare and morals, including, but not limited to, the following:
a) Restrictions as to hours of sale
b) Display of signs
c) Employment of designated persons
d) Types and strengths of alcoholic beverages to be served where such types or strengths are otherwise limited by law
e) The portion of the privileges to be exercised under the license f) The personal conduct of the licensee
ABC may also refuse to issue a license to any person who has violated the Alcoholic Beverage Control Act, has a disqualifying criminal record, or is otherwise disqualified.

Census Tract
The project site is located in census tract 23.03
As of the date of this report, there are ten (10) active on-sale restaurant licenses within this census tract. The nearest active on-sale alcohol license is El Michoacano Restaurant located at 2160 E. Pacheco Blvd., Suite A, adjacent to the subject site. 19 set Dr L_
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6 Approval of the requested Conditional Use Permit would increase the number of active on-sale restaurant licenses within the census tract by one.

License
Type Business Name Address
41 El Michoacano Restaurant 2160 E. Pacheco Blvd., Ste. A 41 Wingstop 1989 E. Pacheco Blvd., Ste. K
41 Chipotle Mexican Grill Inc. 1420 E. Pacheco Blvd.
47 Espanas Southwest Bar & Grill 1460 E. Pacheco Blvd.
47 Chillis Grill & Bar 1905 Pacheco Blvd.
47 Los Dos Potrillos Bar & Grill 1639 E. Pacheco Blvd.
41 Round Table Pizza #1055 1462 S. Mercey Springs Rd.
41 Mountain Mike’s Pizza 2260 E. Pacheco Blvd., Ste. A & B 41 Little Diamond’s Pizza 2160 E. Pacheco Blvd., Ste. K 41 Playa Sol Waffle Café 1450 Mercey Springs Rd., Suite 102 Type 41 license = on-sale beer and wine Type 47 license = on-sale general alcohol

PUBLIC COMMENT:

A public hearing notice was published in the Westside Express and mailed to property owners within a 300-foot radius of the subject property on January 21, 2026. As of the date of this staff report, no comments have been received.

Reviewed by:

_______________________________
Soknirorn Than, City Manager
Attachments:

1. Resolution
Exhibit A CEQA Findings
Exhibit B Project Findings
Exhibit C Conditions of Approval

2. Site Map

3. Security Camera Plan

4. Pictures

5. Public Hearing Notice – January 21, 2026
20 1J
---..
1 RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS FINDING CONDITIONAL
USE PERMIT #2025-03 CATEGORICALLY

EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) AND
APPROVING CONDITIONAL USE PERMIT #2025-
03 TO ALLOW THE ON-SALE OF BEER AND
WINE (TYPE 41 ABC LICENSE) AT D PHO, INC,
LOCATED AT 2160 EAST PACHECO

BOULEVARD, SUITES D AND E
WHEREAS, D Pho, Inc. has filed an application for Conditional Use Permit (CUP) #2025-03 to allow the on-sale of beer and wine (Type 41 Alcoholic Beverage Control License) in conjunction with an existing full-service restaurant located at 2160 E. Pacheco Boulevard, Suites D & E, more particularly identified as Assessor’s Parcel Number: 428- 160-034; and
WHEREAS, the project site is located within the Highway Commercial (H-C) Zoning District and designated Regional Commercial (RC) by the City of Los Banos General Plan; and
WHEREAS, pursuant to the Los Banos Municipal Code Section 9-3.2322, a Conditional Use Permit is required for the on-sale of alcoholic beverages; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines Section 15301 (Existing Facilities), as the project involves the permitting and licensing of an existing restaurant tenant space with no expansion of the structure or increase in intensity of use; and WHEREAS, the Planning Commission of the City of Los Banos held a duly noticed public hearing on January 14, 2026, to consider Conditional Use Permit #2025-03 and, following the close of the public hearing, adopted Resolution No. 2026-02 recommending that the City Council find the project categorically exempt from the California Environmental Quality Act (CEQA) and approve Conditional Use Permit #2025-03, subject to Conditions of Approval; and
WHEREAS, the City Council of the City of Los Banos conducted a duly noticed public hearing to consider Conditional Use Permit #2025-03 and all evidence presented at the public hearing, including oral testimony, written materials, the staff report, and the Planning Commission recommendation; and
21 2
WHEREAS, the City Council has independently reviewed and considered the information in the record and desires to approve Conditional Use Permit #2025-03 subject to Conditions of Approval; and
BASED UPON THE EVIDENCE PRESENTED AT THE PUBLIC HEARING, the City Council of the City of Los Banos hereby makes the appropriate findings set forth in Exhibit A (California Environmental Quality Act (CEQA) Findings), and Exhibit B (Findings for Approval), attached hereto and incorporated herein by this reference.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve Conditional Use Permit #2025-03 to allow the on-sale of beer and wine (Type 41 Alcoholic Beverage Control License) at D Pho, Inc., located at 2160 E. Pacheco Boulevard, Suites D & E, subject to the Conditions of Approval attached hereto as Exhibit C and incorporated herein by reference..

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 4th day of February 2026, 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 S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
22 3

EXHIBIT A

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS FOR CONDITIONAL USE PERMIT #2025-03 – D PHO
Pursuant to the requirements of California Public Resources Code Section 21000 et seq. (“CEQA”) and Title 14, California Code of Regulations Section 15000 et seq. (the “CEQA Guidelines”), the City as Lead Agency under CEQA adopts the following findings required by CEQA, along with the facts and evidence upon which each finding is based.

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

1. Pursuant to CEQA, the CEQA Guidelines, and the City of Los Banos Environmental Quality Guidelines, Conditional Use Permit #2025-03 was evaluated and determined to be categorically exempt per Article 19, Section 15301 as the request for the on-sale of beer and wine involves the permitting and licensing of an existing private structure at 2160 E. Pacheco Blvd., Suites D & E, APN: 428-160-034.

2. Conditional Use Permit #2025-03 was adequately noticed on Wednesday, December 31, 2025, for consideration at a public meeting on Wednesday, January 14, 2026.

3. No further environmental documentation is required as the Conditional Use Permit was contemplated and adequately analyzed in the initial review.

4. Prior to considering the proposed Project, the City Council considered the Categorical Exemption.
23 4

EXHIBIT B
FINDINGS FOR APPROVAL FOR CONDITIONAL USE PERMIT #2025-03 – D PHO The City of Los Banos City Council hereby finds as follows:

1. General Findings:
a. The project is consistent with the City of Los Banos General Plan and Los Banos Municipal Code.

The General Plan land use designation for the project site is Regional Commercial, which for largescale commercial developments that serve residents and visitors from the surrounding region. Examples of this land use include shopping centers, large-format retail, auto sales, and travel related services, such as hotels, gas stations, and restaurants.

The following specific General Plan Goals, Objectives, and Policies are applicable to the proposed project:

ECONOMIC DEVELOPMENT GOAL ED-2:

Seek and promote particular businesses or development projects that provide needed local goods, services, employment, or those that enhance the city’s physical and social well-being and quality of life.

LAND USE GOAL LU-5:

Provide residents with excellent employment and shopping opportunities.

Evidence/Analysis: Dung Nguyen d.b.a. D Pho will have the ability to provide a wider range of service for customers and allows the restaurant to compete with similar type businesses. The proposed use would complement a commercial use that is compatible with and complementary of existing commercial uses adjacent to the project site. In addition, the project would also be consistent with General Plan land use policies as set forth above.
b. The zoning designation for the project site is Highway Commercial (H-C).

The purpose of the Highway Commercial District is to provide a district for commercial uses which do not specialize in serving the pedestrian shopper but rather, because of their character, are more appropriately located along a highway or major street and where drive-in operations are more feasible.

Evidence/Analysis: The proposed use complies with the Los Banos Municipal Code Title 9, Chapter 3, Article 13 as the use will be consistent 24 5
with the surrounding area and adjacent uses. A restaurant providing for the on-sale of beer and wine is permitted in this location.

Evidence/Analysis: The on-sale of beer and wine will be conducted in accordance with ABC regulations; therefore, will not be a nuisance or detrimental to the neighborhood in which the store is located. The project contains conditions of approval which regulate the operational characteristics of allowing the serving of alcohol and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity.

3. That the proposed use is compatible with the adjacent uses, properties, and neighborhoods and will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.

Evidence/Analysis: The proposed use will be conducted in the Highway Commercial Zoning District and will not result in significant operational changes to the existing commercial area. The area’s function and character are Highway Commercial, which includes uses that sell alcohol for on-site consumption. The project would include conditions of approval which regulate the operational characteristics of allowing the serving of alcohol and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity.

2. Specific Findings

1. That the proposal will not contribute to undue proliferation of such uses in an area where additional ones would be undesirable with consideration given to the area’s function and character, problems of crime and loitering, and traffic problems and capacity.

Evidence/Analysis: The primary use of the business is a restaurant. As reflected in the staff report, the number of on-sale licenses in the Census Tract is currently ten (10). This proposal will increase the amount of active on-sale licenses to eleven (11). The census tract area and function are primarily commercial in nature, and is entirely consistent with a restaurant and the sale of beer and wine for on-site consumption. The proposed on-sale of beer and wine is complementary to the restaurant use that is compatible with and complementary of existing commercial uses in the area. The project would include conditions of approval which regulate the operational characteristics of allowing the sale of beer and wine for on-site consumption and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity including crime prevention and loitering. Staff is unaware of any significant problems in the area related to crime and loitering, which would be negatively affected by the on-sale of beer and wine at this location. 25 6

Evidence/Analysis: Conditions of Approval have been incorporated into the project which regulate the operational characteristics of allowing the selling of beer and wine for on-site consumption and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity. Conditions of approval have been incorporated into the project approval to mitigate any potential adverse effect.

3. That the proposal will not interfere with the movement of people along an important pedestrian street.

Evidence/Analysis: Alcohol will not be allowed to be consumed beyond the premises of the restaurant at any time and it is not anticipated that persons will congregate on sidewalks or streets as a result of the proposed use. Signage will also be provided on the property and building which prohibit loitering. It is not anticipated that the on-sale of beer and wine at this location will adversely affect any important pedestrian right of ways.

Evidence/Analysis: There are residential uses directly north of the project site. The project site is located in an existing commercial plaza and surrounded by existing commercial uses. The project will include conditions of approval which regulate the operational characteristics of allowing the sale of beer and wine for on-site consumption and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity.
26 7

EXHIBIT C
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT #2025-03 – D PHO

1. The following conditions of approval shall apply to and be applicable to the applicant, property owner, and/or operator. Reference to applicant, property owner, and/or operator shall be interpreted to include all.

2. Conditional Use Permit #2025-03 is for Dung Nguyen d.b.a. D Pho located at 2160 E.

Pacheco Blvd., Suite D & E, Assessor’s Parcel Number: 428-160-034, and the requested use shall automatically and without notice expire after one (1) year from date of approval by the Los Banos City Council unless commenced. The City for cause may revoke this Conditional Use Permit. Any expansion, intensification, or significant change to the primary use and the uses approved under this Conditional Use Permit shall be permitted only upon modification of this Conditional Use Permit or approval of a separate Conditional Use Permit application. The Conditional Use Permit shall automatically and without notice expire one year after discontinuance of the primary use and/or the uses approved under the Conditional Use Permit.

3. The applicant/operator shall comply with all other requirements, laws and policies of other governmental agencies in the conduct and operation of said business.

4. The applicant/operator shall obtain and maintain an active Type 41 ABC Alcohol License for the on-sale of beer and wine in conjunction with a bona-fide eating place as defined by the Department of Alcoholic Beverage Control and shall provide a copy of said license upon issuance by the Alcoholic Beverage Control to the Community and Economic Development Department prior to the sale of alcohol on the premises.

5. A copy of these Conditions of Approval and the California Department of Alcoholic Beverage Control license are required to be kept on the premises and presented to any law enforcement officer or authorized City official upon request.

6. The applicant/operator shall be responsible for maintaining the exterior of the premises free of litter and trash at all times including the parking lot areas in front of the premises. No storage of equipment, supplies, or merchandise of any kind shall be allowed in the front or rear exterior of the building.

7. The City Council reserves the right to review and/or revoke this permit should the applicant not adhere to the Conditions of Approval. The City may amend or impose new conditions to mitigate adverse effects in the neighborhood resulting from the use of alcohol on the premises.

8. The applicant/operator agrees to indemnify, hold harmless, and defend the City of Los Banos, its officers, agents and employees from any and all liability or claims that may be brought against the City of Los Banos arising out of its approval of this permit, or 27 8
the environmental determination rendered in connection with the permit approval, or arising out of the operation of the use or uses allowed under the permit, save and except that caused solely by the City’s active negligence.

9. The exterior of the premises, including parking lot area, shall be sufficiently illuminated, to the satisfaction of the Police Chief, during all hours of darkness when the premises are open for business in a manner so that persons accessing those areas at night are identifiable by law enforcement personnel.

10.The premises shall be operated primarily as a restaurant as described in the application prepared by the applicant and filed with the Community and Economic Development Department. Any substantial or significant changes in use or operation of the premises from the Operational Statement may cause a review, amendment or revocation of the Conditional Use Permit. The applicant shall notify the Community and Economic Development Department of any substantial or significant changes in use or operation of the premises from the Operational Statement.

11.The use of the premises of the subject site shall be consistent with the Conditions of Approval and shall not be operated in a manner that deviates from the approved Conditional Use Permit filed application and operational statement, which shall constitute a violation and may result in the revocation or modification of the permit upon written notice to the owner of the subject site.

12. Authorization of a Conditional Use Permit granted pursuant to the provisions of Section 9-3.2322 of the Los Banos Municipal Code continue to be valid upon change of ownership of the site or structure which was the subject of the Conditional Use Permit application provided the use shall be subject to all provisions of the Municipal Code and all conditions placed on approval of the Conditional Use Permit are continually met. The applicant shall immediately notify the Community and Economic Development Department of any changes in ownership.

13.This Conditional Use Permit shall be subject to revocation by the Community and Economic Development Director or the City Council upon a finding that:
a. Conditions of approval have not been fulfilled;
b. A significant change or intensification of the approved use; c. The use has resulted in a nuisance or detriment to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood or is detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.

14.Consumption of alcohol shall only be allowed on the premises of the restaurant.

Outdoor patio consumption of alcohol shall only be permitted with a barrier between 28 9
the parking lot and restaurant patrons to be approved by the Community & Economic Development Director and ABC.

15.No loud amplification of music or voice shall be allowed outside.

16.The applicant/operator shall have monitoring cameras in the exterior and interior of the restaurant at all times to the satisfaction and approval of the Police Chief. The applicant shall always maintain the surveillance equipment in working order and keep the video recordings for 30 days to be made available to law enforcement upon request.

17.The sale of beer and wine shall be limited to the hours of operation of the restaurant.

18.The premises shall be operated in accordance with the Los Banos Municipal Code Noise Ordinance.

19.The applicant shall acknowledge and execute receipt of a copy of the foregoing Conditions of Approval.

20.The applicant/operator shall provide signs prohibiting loitering on the property and/or building subject to the approval of the Community and Economic Development Director.

21.This approval is conditioned upon and shall be effective upon payment in full of all outstanding invoices pursuant to the Cost Recovery Contract. 29 THIS PAGE IS INTENTIONALLY LEFT BLANK
30 31
CUP#2025-03 - D Pho (Type 41 Legend
2160 E Pacheco Blvd
Security Camera Plan
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COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: January 21, 2026
Regarding: Notice of Public Hearing
Proposal: Conditional Use Permit #2025-03 – D Pho (Type 41 ABC License) NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos City Council to consider Conditional Use Permit #2025-03 and a Categorical Exemption from the California Environmental Quality Act pursuant to Section 15301, Existing Facilities, to allow the use of a Type 41 Alcohol License for the on-sale of beer and wine for a bona-fide eating place for D Pho, located at 2160 E. Pacheco Blvd., Suites D & E; more specifically identified as Assessor’s Parcel Number: 428-160-034.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, February 4, 2026 at 6:00 p.m. in the Council Chambers of Los Banos City Hall, located at 520 “J” Street, Los Banos, California. Questions regarding the above-referenced 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 the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing

THE CITY OF LOS BANOS
Justin Ragunton
Assistant Planner
35 THIS PAGE IS INTENTIONALLY LEFT BLANK
36 1
Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: Stacy Souza Elms, Community and Economic Development Director DATE: February 4, 2026
TYPE OF REPORT: Public Hearing
SUBJECT: Consideration of Final Development Plan #2024-01 and Development Agreement for the Villages VI Subdivision
______________________________________________________________________ Recommendation:

Staff requests that the City Council open the public hearing, receive public comment, and take the following actions:

1. Adopt a Resolution approving Final Development Plan #2024-01 for the Villages VI Subdivision, consisting of approximately 8.2 acres subdivided into 30 singlefamily residential lots, located north of Cardoza Road, south of Mariposa Drive, and west of the Villages III Subdivision (APN: 430-060-005); and

2. Waive the first reading and introduce an Ordinance authorizing the Mayor to execute a Development Agreement for the development known as the Villages VI Subdivision.

Background:

On November 24, 2003, the Planning Commission recommended approval of the Stonecreek Area Plan, a 493.3-acre master-planned community. The City Council subsequently approved the Stonecreek Area Plan on April 21, 2004. The Area Plan included the eventual annexation of approximately 401.1 acres into the City of Los Banos, General Plan land use amendments, site pre-zoning, circulation and transportation 37 LOsBanos
At the Crossroads of California
ITEM 8B
2 diagrams, and a conceptual infrastructure framework. Planned land uses include residential neighborhoods, commercial areas, parks, trails, environmental reserves, and public facilities.

On November 8, 2024, the applicant, Castlewood Properties, Inc. submitted an application for Vesting Tentative Tract Map (VTTM) #2024-02 to subdivide approximately

8.2 acres into 30 single-family residential lots with associated site improvements. The project site is zoned Low Density Residential (R-1) with a Planned Development (P-D) overlay.

In addition to the VTTM, the applicant requested approval of Final Development Plan (FDP) #2024-01 and a Development Agreement (DA) to facilitate and guide development of the Villages VI Subdivision.

On December 10, 2025, the Planning Commission held a duly noticed public hearing, approved VTTM #2024-02, and recommended City Council approval of Final Development Plan #2024-01 and the associated Development Agreement.

This staff report transmits the Planning Commission’s recommendations and requests City Council approval of the Final Development Plan and Development Agreement.

LOCATION:

The proposed project site is located in the western portion of the City of Los Banos, north of Cardoza Road, south of Mariposa Drive, and west of the Villages III subdivision. The project site is outlined in yellow on the vicinity map below. 38 3
The Stonecreek Area Plan is highlighted below in blue.

ENVIRONMENTAL ASSESSMENT:

Pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, the proposed project was evaluated within the scope of the Stonecreek Area Plan Program Environmental Impact Report (EIR) (SCH #2002061015), certified by the City Council on April 21, 2004.

Staff has determined that the proposed project was adequately described and analyzed in the Program EIR and that no substantial changes to the project or the environmental setting have occurred that would result in new or more severe significant environmental impacts beyond those previously analyzed. All applicable mitigation measures identified in the Program EIR are incorporated as conditions of approval and will reduce potential impacts to a less-than-significant level. Therefore, no additional environmental review is required pursuant to CEQA Guidelines Sections 15162 and 15168.

The Program EIR contemplated a total residential buildout of 1,868 dwelling units within the Stonecreek Area Plan. With approval of the 30-unit Villages VI Subdivision, cumulative development within the Area Plan would total 1,311 units, which remains well within the analyzed capacity.

Stonecreek Area Plan
39 4
FINAL DEVELOPMENT PLAN ANALYSIS:

Pursuant to Section 9.3-401 of the Los Banos Zoning Code, the purpose of the Planned Development District (P-D) is to provide an integrated neighborhood development that may not be feasible under traditional “lot-by-lot” zoning. The P-D District encourages innovative and creative design by allowing flexibility in land use while maintaining high standards of performance and design. The District allows the opportunity to provide amenities and conveniences while maintaining a suitable neighborhood environment and permits development based on a high standard of performance and design by creating greater efficiency in land use by providing for flexibility in strict application of the Zoning Code. This is achieved by maximizing open space, preserving natural amenities and creating additional amenities as approved by the City Council.

A Final Development Plan is required for the total project or an approved phase of the project in order for development to occur in the Planned Development district. The Planning Commission’s role is advisory and includes review of the FDP and a recommendation to the City Council.

Based on consistency with the Los Banos General Plan, Stonecreek Area Plan, Zoning Code, and Residential Design Guidelines, staff finds that Final Development Plan #2024- 01 is appropriate for approval, subject to the recommended conditions.

Project Design
The proposed project provides low density single-family residential development with open space amenities not typically available in a traditional residential zone district. The Los Banos General Plan, Stonecreek Area Plan, and Residential Design Guidelines were used as guiding documents for the Villages VI Subdivision Final Development Plan. The design intent is to provide varied lot sizes that allow for efficient housing while incorporating a neighborhood park located at the northeast corner of the project site.

Land Use
The project site is designated as Low Density Residential according to the Los Banos General Plan and zoned R-1 with a Planned Development overlay. The Villages VI Subdivision proposes 30 single-family homes on lots ranging from 5,050 square feet to over 10,985 square feet. Proposed home sizes range from approximately 1,789 square feet to 2,186 square feet.

Open space located at the northeast corner of the project site will function as a park providing recreational amenities for residents.

The Final Development Plan (P-D) land uses are summarized in the following table:

Land Use Units Acres
Low Density Residential 30 7.88
Open Space 0 0.32
Total Project: 30 8.2
40 5
Landscape and Lighting
Prior to issuance of any permits, the developer shall prepare a Landscape and Lighting Plan for public right-of-way improvements. The landscape plan shall comply with the City’s Water Efficient Landscape Ordinance. The lighting plan shall include a Lumen Dispersion Map and comply with the City Standards and Specifications. Ongoing maintenance will be financed through formation of, or annexation to, a Landscape and Lighting District.

Architecture
The proposed architecture includes Traditional, Cottage, Craftsman, Ranch, and Farmhouse styles. Varied massing, setbacks, color palettes, and elevations are incorporated to avoid repetitive design. Architectural plans include single or two-story options with two-car garages. A total of 10 architectural design options are included in the Final Development Plan.

Circulation
Access to the project site is provided from Mariposa Drive and Cardoza Road, consistent with the Stonecreek Area Plan circulation framework.

Cardoza Road will be constructed to its full 100-foot right-of-way width and will include two travel lanes in each direction separated by a 12-foot median. Improvements along the project frontage include a 70-foot street section, a 5-foot wide bike lane, with a 5-foot sidewalk, and a 5-foot landscape park strip. Access from Cardoza Road will be limited to right-in and right out movements to minimize traffic conflicts on this collector roadway.

Pacific Drive and internal local streets will include 58-foot right-of-way with 36-foot pavement widths, 5-foot sidewalks, and 6-foot landscape strips. Pacific Drive will extend north and connect to Mariposa Drive. Six-foot-high sound walls are proposed along the southern boundary adjacent to Cardoza Road and will taper down to 3-feet in height near lots 11 and 12.

Open Space and Recreation
The subdivision includes a park at the northeast corner of the project site, consistent with the Stonecreek Area Plan. The project will annex into a Landscape and Lighting District to fund ongoing maintenance of public improvements. Eight-foot-high masonry walls are proposed along the north and south boundaries of the park and will taper to 3-feet in height near sidewalks adjacent to lots 27 and 28.

Infrastructure/Services
Water: Domestic water services will be provided by the City through connection to a 16- inch water main in Cardoza Road, with extensions and internal connections. The project will comply with the Los Banos Water Master Plan, including payment of applicable impact fees.
41 6
Sewer: Wastewater service will be provided through connection to existing sewer infrastructure north of the site on Pacific Drive. The project is consistent with the City’s Wastewater Master Plans and will pay all applicable impact fees.

Drainage: Stormwater drainage will connect to existing systems north of the site and include extensions of a 36-inch storm drain along Cardoza Road to support future development to the west. All improvements will be constructed in accordance with City standards and master plans.

DEVELOPMENT AGREEMENT:

A Development Agreement is a legally binding contract between the City and a project developer that establishes the terms and conditions governing development of a project.

Development Agreements are authorized under California Government Code Sections 6584-65869.5 and provide certainty to both the City and the developer regarding applicable regulations and vested rights.

Development Agreements have three defining characteristics: 1) they allow greater latitude than other methods of approval to advance local land use policies in sometimes new and creative ways; 2) they allow public agencies greater flexibility in imposing conditions and requirements on proposed projects; and 3) they afford project proponents greater assurance that once approved, their projects can be built.

Once a tentative map expires, it cannot be revived. Instead, a new tentative map must be applied for, processed, and approved. Such re-approval can prove costly from a time and resource perspective. Therefore, because sub-dividers are in the business of creating legal lots in as resource-efficient a manner as possible, they are uniquely interested in keeping their tentative maps alive until such time as they are able to record their final maps and realize the product of their efforts that being saleable lots.

One of the tools for extending the life of a tentative map is through a Development Agreement. A tentative map on property subject to a Development Agreement may be extended for the period of time specified in the Development Agreement. Development Agreements negotiated in Los Banos typically provide that any tentative map within the project area will expire one year after the expiration of the Development Agreement.

Since the development is a negotiated agreement, the city also has the ability to negotiate conditions that might not otherwise be enforceable otherwise.

The benefits of the proposed Development Agreement to the City are:
• Continuation of the Planned Development framework for Stonecreek South; • Formation or annexation into a Community Facilities District to support public safety services; and
• Formation or annexation into a Lighting and Landscaping District to fund long-term maintenance of public improvements.
42 7
PUBLIC COMMENT:

A public hearing notice was published in the Westside Express and notices were mailed out to property owners within a 300’ radius of the project site on January 21, 2026. As of the date of this staff report, no written comments have been received.

Reviewed by:

_______________________________
Soknirorn Than, City Manager
Attachments:

1. Resolution
Exhibit A: CEQA Findings
Exhibit B: Findings for Approval
Exhibit C: Conditions of Approval
Exhibit D: Mitigation Monitoring Plan

2. Ordinance
Exhibit A: Development Agreement

3. Final Development Plan – Villages VI

4. Public Hearing Notice – January 21, 2026
43 THIS PAGE IS INTENTIONALLY LEFT BLANK
44 1
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING FINAL
DEVELOPMENT PLAN #2024-01 FOR THE

VILLAGES VI SUBDIVISION
WHEREAS, the Los Banos General Plan was adopted on October 19, 2022, and is the guiding document for land use in the City of Los Banos; and WHEREAS, the Stonecreek Area Plan was adopted by the City of Los Banos City Council on April 21, 2004; and
WHEREAS, Castlewood Properties, Inc. ("Applicant") submitted an application for Final Development Plan (FDP) #2024-01 for the Villages VI Subdivision, consisting of approximately 8.2 acres subdivided into 30 single-family residential lots, located north of Cardoza Road, south of Mariposa Drive, and west of the Villages III Subdivision, more particularly identified as Assessor’s Parcel Number 430-060-005; and WHEREAS, the project site is designated Low Density Residential under the Los Banos General Plan and zoned Low Density Residential (R-1) with a Planned Development (P-D) overlay; and
WHEREAS, pursuant to Section 9.3-401 of the Los Banos Zoning Code, development within the Planned Development (P-D) District requires approval of a Final Development Plan by the City Council; and
WHEREAS, on November 8, 2024, the Applicant submitted an application for Vesting Tentative Tract Map (VTTM) #2024-02, Final Development Plan #2024-01, and a Development Agreement to facilitate development of the Villages VI Subdivision; and WHEREAS, on December 10, 2025, the Planning Commission held a duly noticed public hearing, approved Vesting Tentative Tract Map #2024-02, and recommended that the City Council approve Final Development Plan #2024-01; and WHEREAS, on February 4, 2026, the City Council of the City of Los Banos conducted a duly noticed public hearing to consider approval of Final Development Plan #2024-01, at which time all interested parties were given the opportunity to be heard; and WHEREAS, Pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, the proposed project was evaluated within the scope of the Stonecreek Area Plan Program Environmental Impact Report (EIR) (SCH #2002061015), certified by the City Council on April 21, 2004; and 45 2
WHEREAS, The City Council finds that the proposed project was adequately described and analyzed in the Program EIR and that no substantial changes to the project or circumstances have occurred that would result in new or more severe significant environmental impacts beyond those previously analyzed, and that the project is therefore exempt from further environmental review pursuant to CEQA Guidelines Sections 15162 and 15168; and
WHEREAS, the City Council finds that Final Development Plan #2024-01 is consistent with the Los Banos General Plan, the Stonecreek Area Plan, the Los Banos Zoning Code, and the City’s Residential Design Guidelines, and that the project will provide a high-quality residential development consistent with the Planned Development standards.

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.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve Final Development Plan #2024-01 for Villages VI Subdivision, subject to the Conditions of Approval set forth in Exhibit C, attached hereto and incorporated herein by reference.

AYES:

NOES:

ABSENT:

APPROVED:
__________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
46 3

EXHIBIT A

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS FOR FINAL DEVELOPMENT PLAN #2024-01 – VILLAGES VI SUBDIVISION
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 project was evaluated within the context of the Stonecreek Area Plan Program Environmental Impact Report (EIR) (SCH #2002061015), certified by the City of Los Banos on April 21, 2004;

2. The EIR was adequately noticed, circulated for public review, considered at public hearings, and duly certified by the Los Banos City Council;

3. The Project will have significant and unavoidable impacts on prime agricultural lands for which no feasible mitigation measures are available, but specific overriding economic, legal, and social benefits of the project outweigh the adverse environmental effects, and a Statement of Overriding Considerations was adopted when the Stonecreek Area Plan EIR was certified;

4. The Project will have significant and unavoidable impacts on air quality and although all feasible mitigation measures that are available have been applied, a significant impact remains; but specific overriding economic, legal, and social benefits of the project outweigh the adverse environmental effects, and a Statement of Overriding Considerations was adopted when the Stonecreek Area Plan EIR was certified;

5. The City determined that the Stonecreek Area Plan could have a significant effect on the environment, however, all potentially significant effects were analyzed adequately in the EIR, and mitigation measures presented in the Stonecreek Area Plan EIR have been included as conditions of project approval, and will reduce potentially significant impacts, other than those on prime farmland and air quality, to a less than significant level;

6. The proposed project was adequately described, examined, and evaluated in the Stonecreek Area Plan EIR.

7. The Stonecreek Area Plan EIR contemplated a build-out of 1,868 residential units within the Stonecreek Area Plan, the proposed project will bring cumulative residential development within the area plan thus far to 1,310 47 4
units, and therefore, the proposed project is within the development density anticipated in the Stonecreek Area Plan and EIR;

8. No significant new information or changes in the environmental setting have occurred that would result in new or greater significant effects not studied in the EIR;

10. No further environmental documentation is required because the proposed project was contemplated and adequately analyzed in the EIR;

11. The project was adequately noticed on January 21, 2026, and considered at a public hearing on February 4, 2026;

13. The project will be subject to the applicable mitigation measures presented in the EIR;

14. The City will monitor the implementation of mitigation measures in accordance with the Stonecreek Area Plan Mitigation Monitoring Program; and

15. The EIR and the CEQA findings for the EIR are incorporated herein by reference.
48 5

EXHIBIT B
FINDINGS FOR APPROVAL OF FINAL DEVELOPMENT PLAN #2024-01 – VILLAGES

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

1. The Los Banos General Plan was adopted by the City in October 2022 and the Stonecreek Area Plan EIR was prepared pursuant to the Los Banos General Plan and adopted by the City on April 21, 2004.

2. The proposed project is consistent with the City of Los Banos General Plan “Low Density Residential” land use designations for the site, and with the revised Stonecreek Area Plan “Planned Development” designation for the site.

3. The project, as conditioned, complies with the provisions of the City’s Zoning Ordinance, and includes a Final Development Plan to implement the Planned Development designation pursuant to the requirements of the Los Banos Municipal Code section 9-3.403 and 9-3.407.

4. The conceptual architectural renderings and schematic building designs, landscape and lighting designs, and other designs presented in the Final Development Plan, as conditioned, substantially conform to the requirements of the City’s Residential Design Guidelines.

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 designs of the Final Development Plan, as conditioned, are consistent with the General Plan and Stonecreek Area Plan goals, policies, and programs, and that the project density and development intensity are consistent with the General Plan and Stonecreek Area Plan land use designations for the site.

7. The project will provide adequate pedestrian and bicycle routes within the project, and, as conditioned, to nearby destinations including schools. 49 6

EXHIBIT C
CONDITIONS OF APPROVAL FOR FINAL DEVELOPMENT PLAN #2024-01 –

VILLAGES VI SUBDIVISION
General:

1. All development within the project boundary shall be developed in substantial conformance with the Villages VI Subdivision Final Development Plan (FDP #2024-01) dated July 2025, 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 FDP #2024-01 and approved by the Community and Economic Development Department and Building Department prior to issuance of a building permit.

3. Residential densities shall not exceed the maximum number of units identified in the Final Development Plan: 30 single-family residential units.

Lighting:

4. All 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.

Architecture and Physical Design:

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

6. The monotony of straight building lines shall be alleviated by varying the size of individual buildings, staggering the front yard setbacks, varying exterior building materials and colors, articulating building facades, and utilizing extensive landscaping.

7. The variation in setbacks, unit placement, and materials and colors shall be implemented in a random fashion with no apparent pattern, to avoid monotony.

8. The minimum front yard setback for front-loading garages shall be 20’. The minimum setback to living areas shall be 20’ from the front yard property line.

9. The minimum side-yard setback for R-1 interior lots shall be 5’; standard corner lots shall be a minimum of 20’ from the property line on the street side; and 50 7
reverse corner lots shall be minimum of 15’ from the property line on the street side.

10.The minimum rear-yard setback shall be 10’ for single story units and 20’ for multi-story units.

11.The typical architecture and plot plans set forth in the Final Development Plan are conceptually approved with this application. Plans submitted for building permits shall be consistent with these elevations in terms of style, material, and character.

12.To protect privacy, building placement that offsets side-facing second-story bedroom windows at adjacent houses shall be required.

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

14.The developer shall provide entry monumentation and/or landscaping to provide for a neighborhood identity, substantially similar to that shown in the Final Development Plan.

15.If parking for model homes is to be provided in a temporary parking lot, such lot shall be approved by the Community and Economic Development Director as a commercial lot conforming with Los Banos Municipal Code section 9-

3.2009, and shall be removed within 60 days of the end of sales, if not intended to serve a permanent use.

Physical Amenities:

16.The developer shall provide the same decorative lighting as provided in Villages VI Subdivision throughout the project site.

17.Enhanced pedestrian treatments shall be provided at the entrance point of the subdivision, which includes Cardoza Road. Such treatments shall include but are not limited to stamped concrete or pavers as approved by the Community and Economic Development Director.

18.The developer shall install fencing as shown on page 9 and site features shown on page 14 of FDP #2024-01
Landscaping:

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

20.Landscaping and site design shall substantially conform to the conceptual plans of the Final Development Plan.
51 8

21.The developer shall comply with the current development standards for drains, to include all landscaping and related irrigation systems. The applicant shall comply with the landscaping and irrigation requirements imposed by the Public Works Department.

22.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.

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

24.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.

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

26.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. 52 9

EXHIBIT D

STONECREEK AREA PLAN MITIGATION MONITORING PROGRAM
Introduction
CEQA Guidelines section 15097 requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures to avoid significant adverse environmental effects. The reporting or monitoring program is to be designed to ensure compliance with conditions of project approval during project implementation in order to avoid significant adverse environmental effects.

The law was passed in response to historic non-implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures.

A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance. This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are implemented.

Monitoring Program
The basis for this monitoring program is the mitigation measures included in the project environmental impact report. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less than significant levels. These mitigation measures become conditions of project approval, which the project proponent is required to complete during and after implementation of the proposed project.

The attached list is proposed for monitoring the implementation of the mitigation measures.

This monitoring checklist contains all appropriate mitigation measures in the environmental impact report.

Monitoring Program Procedures
The City of Los Banos shall use the attached monitoring list for the proposed project. The monitoring program should be implemented as follows:

1. The Los Banos Planning Department should be responsible for coordination of the monitoring program, including the monitoring list. The Planning Department should be responsible for completing the monitoring list and distributing the list to the responsible individuals or agencies for their use in monitoring the mitigation measures.

2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring list have been complied 53 10
with. Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring list to the Planning Department to be placed in the project file. If the mitigation measure has not been complied with, the monitoring list should not be returned to the Planning Department.

3. The Los Banos Planning Department will review the list to ensure that appropriate mitigation measures included in the monitoring list have been complied with at the appropriate time. Compliance with mitigation measures is required for project approvals.

4. If a responsible individual or agency determines that a non-compliance has occurred, a written notice should be delivered by certified mail to the project proponent within 10 days, with a copy to the Planning Department, describing the non-compliance and requiring compliance within a specified period of time. If non-compliance still exists at the expiration of the specified period, construction may be halted and fines may be imposed at the discretion of the City of Los Banos.

Each mitigation measure requires full or partial implementation at one or more of the following points in the development process:
ο Prior to approval of tentative or final maps;
ο Prior to approval of improvement plans;
ο Prior to approval of revegetation plan for the environmental reserve; ο Prior to approval of demolition permits;
ο Prior to approval of grading permits;
ο Prior to approval of building permits.
54 11
Mitigation Measure Checklist
Prior to approval of tentative or final maps

2. Subject to the review and approval of the City of Los Banos Planning Department, future development within the proposed project shall integrate the following design features:
• Carefully selected and located trees shall be planted to provide shade for structures and pathways during the hot summer months. Deciduous trees should be favored since they provide shade in the summer and allow sun to reach residences during cold and winter months. This measure should be focused on the southern and western exposures of buildings and pathways. • All new buildings shall incorporate the following energy conserving features: increased wall and ceiling insulation (beyond code requirements), super-insulated windows (triple-pane, low e, and/or argon-filled), maximum use of energy efficient lighting including the provision of compact fluorescent bulbs in all fixtures with standard screw bases, Energy Star rated appliances, and solar assisted water heating.
• Buildings shall be oriented to maximize passive solar cooling and heating when practicable. • Gas-fired appliances shall be low NOX emitting gas fired appliances complying with California NOX Emission Rule #1121.
• Natural gas (if provided) and electrical outlets shall be included in the backyard or patio areas of residential units to encourage the use of gas and/or electric barbecues. • Electrical outlets shall be installed on the exterior of residential units to encourage use of electrical landscape maintenance equipment.
• Improvements shall be made or planned to encourage transit use when it becomes available.

Appropriate easements shall be reserved to accommodate sheltered loading areas. Examples of improvements include the development of bus turnouts, and pedestrian paths efficiently connecting bus stops to commercial and residential areas. The project proponent shall consult with Merced County Transit to determine a feasible route or routes to serve the proposed project, and include appropriate physical improvements on that route or routes. • The applicant shall work with Caltrans to identify an appropriate location for a park and ride/ride share facility.
• Pedestrian and bicycle access paths (or quiet residential streets) shall be designed and constructed throughout as much of the project area as possible to provide direct and convenient connections to all nearby open space areas, parks, schools, commercial areas, etc. to encourage walking and bicycling. In residential areas, at least one day-lighted cul-de-sac or other pedestrian access should be provided to adjacent arterial and collector streets between each arterial or collector street intersection, preferably located to make efficient connections to crosswalks at intersections and/or leading to schools or shopping areas. In the single-family residential areas, access shall be provided to the adjacent Wal Mart shopping center, Villages residential development, elementary school, park, and linear park.
• An enhanced bicycle/pedestrian connection (which could be a path or a directly connecting road) shall be provided to connect the proposed project to the adjacent neighborhood to the east at Sandra Street.
• The Linear Park bicycle path shall be constructed to provide a crossing of Pacheco Boulevard by either 1) under-crossing or bridge at Los Banos Creek with a connection to Pacheco Boulevard 55 12
on the north side, or 2) surface crossing at Badger Flat Road with a signal actuation device and signal phasing developed to reduce conflicts with turning traffic. • Bicycle racks shall be provided at all commercial and institutional uses. • Traffic signals shall be programmed to provide an automatic pedestrian walk signal at the beginning of each green light phase.
ο Implementation Complete
Party Responsible for Implementation: Applicant, LBUSD
Party Responsible for Monitoring: Los Banos Planning Department, State Architect Monitoring Notes and Status:

15. Prior to recording the final maps and declarations relating to the establishment of a State-certified homeowners’ association for residential subdivisions, Covenants, Codes and Restrictions shall be prepared for the subdivision and shall require disclosure to homeowners of potentially sensitive wildlife resources occurring in the vicinity, and habitat protection measures implemented as part of the development.
ο Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:

22. The City of Los Banos shall not permit construction of uses within Merced County Airport Land Use Compatibility Plan Zone 3 that are not compatible with Zone C. If the City determines not to relocate the airport, the area plan shall be amended prior to development of these locations to include uses that are compatible with Zone 3. If the airport is not relocated, adoption of the alternative land use plan would eliminate this restriction.
ο Implementation Complete
Party Responsible for Implementation: Applicant, LBUSD
Party Responsible for Monitoring: Los Banos Planning Department, State Architect Monitoring Notes and Status:
56 13

Construction and operation of a fire station within the project site shall be considered adequate evidence and written evidence will not then be required.
ο Implementation Complete
Party Responsible for Implementation: Applicant, LBUSD
Party Responsible for Monitoring: Los Banos Planning Department, Los Banos Fire Department, State Architect
Monitoring Notes and Status:

29. The Area Plan shall include Class 2 bike lanes or a Class 3 bike route with a wide outside lane on Badger Flat Road and Badger Flat Loop Road. Intersections with Badger Flat Road and Badger Flat Loop Road shall be minimized on the side with the Class 1 bike path. All bicycle facilities should be designed and built in conformance with the Los Banos Commuter Bike Plan. ο Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:
57 14
Prior to approval of improvement plans

Appropriate easements shall be reserved to accommodate sheltered loading areas. Examples of improvements include the development of bus turnouts, and pedestrian paths efficiently connecting bus stops to commercial and residential areas. The project proponent shall consult with Merced County Transit to determine a feasible route or routes to serve the proposed project, and include appropriate physical improvements on that route or routes. • The applicant shall work with Caltrans to identify an appropriate location for a park and ride/ride share facility.
• Pedestrian and bicycle access paths (or quiet residential streets) shall be designed and constructed throughout as much of the project area as possible to provide direct and convenient connections to all nearby open space areas, parks, schools, commercial areas, etc. to encourage walking and bicycling. In residential areas, at least one day-lighted cul-de-sac or other pedestrian access should be provided to adjacent arterial and collector streets between each arterial or collector street intersection, preferably located to make efficient connections to crosswalks at intersections and/or leading to schools or shopping areas. In the single-family residential areas, access shall be provided to the adjacent Wal Mart shopping center, Villages residential development, elementary school, park, and linear park.
• An enhanced bicycle/pedestrian connection (which could be a path or a directly connecting road) shall be provided to connect the proposed project to the adjacent neighborhood to the east at Sandra Street.
• The Linear Park bicycle path shall be constructed to provide a crossing of Pacheco Boulevard by either 1) under-crossing or bridge at Los Banos Creek with a connection to Pacheco Boulevard on the north side, or 2) surface crossing at Badger Flat Road with a signal actuation device and signal phasing developed to reduce conflicts with turning traffic. 58 15
• Bicycle racks shall be provided at all commercial and institutional uses. • Traffic signals shall be programmed to provide an automatic pedestrian walk signal at the beginning of each green light phase.
ο Implementation Complete
Party Responsible for Implementation: Applicant, LBUSD
Party Responsible for Monitoring: Los Banos Planning Department, State Architect Monitoring Notes and Status:

5. Developers of future projects on the project site shall demonstrate the following to the satisfaction of the Public Works Director:
a. Compliance with the City of Los Banos grading regulations; b. Development of an erosion control plan that will prevent the discharge of sediment into natural creeks/canals;
c. Compliance with National Pollution Discharge Elimination System (NPDES) permits administered by the California Regional Water Quality Control Board; d. Development of a plan to meet state water quality standards as determined by the California Regional Water Quality Control Board;
e. Development of a plan to employ best management practices (BMPs) that reduce the level of pollutants discharged into natural waterways and wetlands.

These specifications shall be included in the final improvement plans and/or grading plans for each project.
ο Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Public Works Department Monitoring Notes and Status:

14. Subject to the review and approval of the Los Banos Public Services Department, a signage, lighting, and fencing plan shall be prepared for the environmental reserve and open space to outline the number and location of signs, lights, and fences, the language to be included on signs, and a maintenance 59 16
program for the signs and fences, to prohibit people and dogs from entering the environmental reserve.

The fencing shall be designed to complement the natural area. Lighting shall be low in stature and directed away from Los Banos Creek. The plan shall require signs and fences to be installed prior to occupancy.
ο Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Public Services Department Monitoring Notes and Status:

19. The applicant for any development project shall incorporate soil erosion control measures into plans for site preparation and construction activities prior to approval of final improvement plans by the City of Los Banos. These measures shall be monitored for effectiveness by the City of Los Banos. Such measures may include, but not be limited to, the following:
a. Limit disturbance of soils and vegetation disturbance removal to the minimum area necessary for access and construction;
b. Confine all vehicular traffic associated with construction to the right-of-way of designated access roads;
c. Adhere to construction schedules designed to avoid periods of heavy precipitation or high winds; d. Ensure that all exposed soil is provided with temporary drainage and soil protection when construction activity is shut down during the winter periods; e. Inform construction personnel prior to construction and periodically during construction activities of environmental concerns, pertinent laws and regulations, and elements of the proposed erosion control measures;
f. Compliance with National Pollution Discharge Elimination System (NPDES) permits administered by the California Regional Water Quality Control Board; and g. Development of a plan to employ best management practices that reduce the level of pollutants discharged into natural waterways and wetlands.
ο Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:
60 17

20. Prior to the development of sensitive uses (ie: houses, schools, parks, day care, or other uses in which persons may contact soils), a Phase 1 environmental assessment shall be prepared to determine if soils may contain hazardous materials. If necessary, a remediation plan shall be created and implemented.

For schools and day care centers, a Phase 1 environmental assessment shall be required at any location on the project site.
ο Implementation Complete
Party Responsible for Implementation: Applicant, LBUSD
Party Responsible for Monitoring: Los Banos Planning Department, State Architect Monitoring Notes and Status:

23. Subject to the review and approval of the Los Banos Planning Department, residential development plans for the project site shall include sound attenuation meeting the following criteria:
• Along Pioneer Road a sound wall of at least six feet, and up to 11 feet if acceptable to the City, shall be provided;
• Along the State Highway 152 bypass, a sound wall of at least five feet, and up to 10 feet if acceptable to the City, shall be provided;
• Along Badger Flat Loop Road, south of Pacheco Boulevard, a sound wall of at least seven feet, and up to 12 feet if acceptable to the City, shall be provided; • Along Badger Flat Road west of Cardoza Road, a sound wall of at least five feet, and up to eight feet if acceptable to the City, shall be provided;
• Along Badger Flat Road between Cardoza Road and Pacheco Boulevard, a sound wall of at least seven feet, and up to 12 feet if acceptable to the City, shall be provided; • Along Ortigalita Road between Cardoza Road and Pioneer Road, a sound wall of at least six feet, and up to 10 feet if acceptable to the City, shall be provided. • Windows and sliding glass doors in facades of homes with a direct line-of-sight to Badger Flat Road or Badger Flat Loop Road, and within 80 feet of the roadway centerline, shall be sound rated to STC-33, and alternate ventilation provided;
Windows and sliding glass doors with a direct line-of-sight to Ortigalita Road or Pioneer Road, and within 80 feet of the roadway centerline, shall be sound rated to STC-29, and alternate ventilation provided;
• Houses with windows and sliding glass doors with a direct line-of-sight to the State Highway 152 bypass or Cardoza Road shall have alternative ventilation provided; and 61 18
• Further noise study shall be required to determine standards for housing within the neighborhood commercial areas with windows or sliding glass doors with a direct line of sight to Pacheco Boulevard. ο Implementation Complete
Party Responsible for Implementation: Applicant, LBUSD
Party Responsible for Monitoring: Los Banos Planning Department, State Architect Monitoring Notes and Status:

24. Classrooms and school offices shall be located no closer than 80 feet from the center line of Ortigalita Road or Pioneer Road. Windows in school buildings with direct line of sight to Pioneer Road or Ortigalita Road shall be sound-rated to STC 29 and alternate ventilation provided. Playgrounds and fields shall be located behind buildings, out of direct line of sight of Ortigalita Road and Pioneer Road. ο Implementation Complete
Party Responsible for Implementation: LBUSD
Party Responsible for Monitoring: State Architect
Monitoring Notes and Status:

30. The project proponent shall secure appropriate encroachment permits from the State Department of Transportation (Caltrans), Merced County, and the City of Los Banos, as applicable, prior to construction of off-site sewer and storm drainage lines. A traffic mitigation plan shall be developed 62 19
and approved by Caltrans and Merced County Public Works, as appropriate, to maintain peak hour traffic operations at no less than LOS D, and may include limitations on hours and/or days of construction, requirements for flagging and advanced signage, and proposed detours. ο Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department (in cooperation with Caltrans)
Monitoring Notes and Status:
63 20
Prior to approval of revegetation plan for the environmental reserve

6. If revegetation is conducted within the environmental reserve, plantings shall include appropriate locally-obtained native grass, herb, and shrub species, such as arroyo willow (Salix lasiolepis), blue elderberry (Sambucus mexicana), mule fat (Baccharis salicifolia), and native grasses, and shall not include plantings of non-native species. Significant numbers of blue elderberry shall be planted in the environmental reserve to enhance habitat for the valley elderberry longhorn beetle, but in areas no less than 20 feet from the open space and trail area, to reduce potential for future disturbance of beetles by trail and open space users. Trash (pipes, scrap wood, etc.) shall be removed as part of habitat restoration along this section of Los Banos Creek.
ο Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:

7. Prior to initiation of habitat restoration within 100 feet of the Los Banos Creek banks a survey for blue elderberry plants shall be prepared by a qualified biologist. Prior to construction of improvements that are located within 100 feet of blue elderberry shrubs, consultation with the U.S. Fish and Wildlife Service (USFWS) shall be required to determine whether incidental take authorization is required, and to establish appropriate avoidance and minimization measures to be implemented to ensure that blue elderberry plants, and thus, potential habitat for valley elderberry longhorn beetle, are protected.

Avoidance and minimization measures identified by USFWS may include, but not be limited to, measures identified in the Mitigation Guidelines for the Valley Elderberry Longhorn Beetle (USFWS 1996). ο Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department (in cooperation with United States Fish and Wildlife Service)
Monitoring Notes and Status:
64 21
Prior to approval of demolition permits

4. Prior to issuance of a demolition permit or demolition associated with a building permit, the project proponent shall have an asbestos survey completed by a qualified practitioner in accordance with the regulation of the National Emission Standards for Hazardous Air Pollutants and the San Joaquin Valley Air Pollution Control District. If asbestos is discovered in the structures, a work plan shall be developed and implemented to remove and dispose of the asbestos containing materials in accordance with the established regulations.
ο Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:

21. Prior to issuance of a demolition permit, the project proponent shall have a lead survey completed by a qualified practitioner in accordance with the applicable regulations. The lead survey shall include an assessment of lead in building materials and in soils adjacent to the structure. If measured lead levels in or adjacent to a structure exceed established thresholds, a work plan shall be developed and implemented to remove and dispose of the lead-containing materials in accordance with the established regulations.
ο Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:
65 22
Prior to approval of grading permits

3. Dust control requirements shall be included in all construction contract specifications. These construction contract specifications shall include the following San Joaquin Valley Unified Air Pollution Control District Regulation VIII, Rule 8020 fugitive dust mitigation requirements for the control of fine particulate matter (PM10) from construction activities. • All disturbed areas of a construction site, including storage piles of fill dirt and other bulk materials, which are not being actively utilized for construction purposes for a period of seven calendar days or more, shall be stabilized using one or more of the following approved soil stabilization methods to effectively limit visible dust emissions. Disturbed areas shall be stabilized for the duration of the construction activity or until construction work resumes on the inactive disturbed area.
◊ Where water is used as the dust suppressant, watering shall be applied to effectively limit visible dust emission;
◊ Where a chemical dust stabilizer or suppressant is utilized, the stabilizer or suppressant shall be applied to effectively limit visible dust emissions; ◊ Where planting of trees and vegetative ground cover is utilized, vegetation shall be planted in sufficient density and watered with sufficient frequency to effectively stabilize the disturbed area and limit visible dust emissions; or
◊ Where soil moisture or natural crusting is sufficient to limit visible dust emission, no action is required.
• All operations shall effectively limit visible dust emissions from on-site unpaved roads and offsite unpaved access roads. Road stabilization shall be maintained for the duration of construction. Where soil moisture is sufficient, no action is required. Traffic speed shall be limited to 15 miles per hour over unpaved surfaces.
• No person shall undertake any land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill operations, or demolition activities, without utilizing appropriate dust control measures during the land preparation, demolition, excavation or extraction. Appropriate dust control measures may consist of the effective application of water or pre-soaking. Excavation and grading shall be suspended when winds exceed 20 miles per hour. • Internal combustion engines shall be maintained in proper operating condition, and idling shall be limited to 10 minutes in duration.
• All operations shall limit or expeditiously remove the accumulation of mud or dirt from public paved roads, including shoulders, adjacent to the site. Removal activities must comply with local requirements and procedures. Wheel washers shall be used for trucks leaving the project site. • The use of dry rotary brushes for removal of deposited mud/dirt carryout from a paved road shall be prohibited, except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. The use of blower devices for removal of deposited mud/dirt carryout from subject paved roads shall be prohibited.
ο Implementation Complete
Party Responsible for Implementation: Applicant, LBUSD
66 23
Party Responsible for Monitoring: Los Banos Planning Department, State Architect Monitoring Notes and Status:

8. Subject to the review of the Los Banos Planning Department, no earlier than 30 days prior to commencement of grading or construction activities on the project site, a field survey shall be conducted by a 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. ο Implementation Complete
Party Responsible for Implementation: Applicant
67 24
Party Responsible for Monitoring: Los Banos Planning Department (in cooperation with United States Fish and Wildlife Service)
Monitoring Notes and Status:

10. Prior to approval of grading or building permits for development on the project site, if the project site has remained fallow and reverted to grassland vegetation, the following measures shall be required, subject to the review and approval of the Los Banos Planning 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) 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. c. During the non-breeding season (August 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 owl's relocation to nearby lands possessing available nesting and foraging habitat. ο Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department (in cooperation with California Department of Fish and Game)
Monitoring Notes and Status:

11. Prior to approval the grading or building permits for the proposed project, the project applicant shall conduct Swainson’s hawk nesting surveys subject to the review and approval of the City of Los Banos Planning Department and the Department of Fish and Game. The surveys shall be conducted according to the recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley. Based on the Swainson’s hawk survey findings, the biologist shall recommend mitigation to avoid impacts to Swainson’s Hawk, if any, and may include but not be limited to, the following mitigation measures recommended in the Staff Report regarding Mitigation for Impacts to the Swainson’s Hawks in the Central Valley of California:
68 25
a. No intensive new disturbances or other project related activities which may cause nest abandonment or forced fledging, should be initiated within one-quarter mile (buffer zone) of an active nest between March 1 and September 15 or until August 15 if a Management Authorization or Biological Opinion is obtained for the project. The buffer should be increased to one-half mile in nesting areas away from urban development (i.e. in areas where disturbance is not normal occurrence during the nesting season). Nest trees should not be removed unless there is no feasible way of avoiding it. If a nest tree must be removed, a Management Authorization (including conditions to off-set the loss of the nest tree) must be obtained with the tree removal period specified in the Management Authorization, generally October 1 to February 1. If construction or other project related activities that may cause nest abandonment or forced fledging are necessary within the buffer zone, monitoring of the nest site (funded by the project proponent) by a qualified biologist (to determine if the nest is abandoned) should be required. If it is abandoned and if the nestling(s) are still alive, the project sponsor shall fund the recovery and hacking (controlled release of captive reared young) of the nestling(s). Routine disturbances such as agricultural activities, commuter traffic, and routine facility maintenance activities within one-quarter mile of an active nest should not be prohibited. b. Hacking as a substitute for avoidance of impacts during the nesting period may be used in unusual circumstances after review and approval of a hacking plan by Environmental Service Division and Wildlife Management Division. Proponents who propose using hacking will be required to fund the full costs of the effort, including any telemetry work specified by the Department. ο Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department (in cooperation with California Department of Fish and Game)
Monitoring Notes and Status:

12. Subject to the review of the City of Los Banos, no more than 30 days prior to commencement of grading or construction activities occurring within 200 feet of trees located on and adjacent to the project site, a tree survey shall be conducted by a qualified biologist to determine if active nest(s) of protected birds are present in the trees. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shall be required only if any construction would occur during the nesting and/or breeding season of protected bird species potentially nesting in the tree (generally March 1 through August 1). If active nest(s) are found, clearing and construction within 200 feet of the tree shall be postponed or halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting, at the discretion of the biologist. If construction activities are not scheduled between March 1 and August 1, no further surveys of the tree shall be required.
ο Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department 69 26
Monitoring Notes and Status:

16. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included in any permits issued for the project site, including, but not limited to grading permits for future development, subject to the review and approval of the Los Banos Planning Department:

If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. The project developer shall notify a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. ο Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:

17. During initial grading or excavation activities on the former Silva Ranch site (west of the commercial building property along Pacheco Boulevard), the project proponent shall arrange for monitoring by a qualified professional archeologist, and shall submit a certified archeological report describing the monitoring, any resources found, their archeological value, and disposition. ο Implementation Complete
Party Responsible for Implementation: Applicant (Silva Ranch site only) Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:

18. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.5(e):
70 27
If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Merced County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent from the deceased Native American. The most likely descendent may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. ο Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:

19. The applicant for any development project shall incorporate soil erosion control measures into plans for site preparation and construction activities prior to approval of final improvement plans by the City of Los Banos. These measures shall be monitored for effectiveness by the City of Los Banos. Such measures may include, but not be limited to, the following:
a. Limit disturbance of soils and vegetation disturbance removal to the minimum area necessary for access and construction;
b. Confine all vehicular traffic associated with construction to the right-of-way of designated access roads;
c. Adhere to construction schedules designed to avoid periods of heavy precipitation or high winds; d. Ensure that all exposed soil is provided with temporary drainage and soil protection when construction activity is shut down during the winter periods; e. Inform construction personnel prior to construction and periodically during construction activities of environmental concerns, pertinent laws and regulations, and elements of the proposed erosion control measures;
f. Compliance with National Pollution Discharge Elimination System (NPDES) permits administered by the California Regional Water Quality Control Board; and 71 28
g. Development of a plan to employ best management practices that reduce the level of pollutants discharged into natural waterways and wetlands.
ο Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Public Works Department Monitoring Notes and Status:
72 29
Prior to approval of building permits

Appropriate easements shall be reserved to accommodate sheltered loading areas. Examples of improvements include the development of bus turnouts, and pedestrian paths efficiently connecting bus stops to commercial and residential areas. The project proponent shall consult with Merced County Transit to determine a feasible route or routes to serve the proposed project, and include appropriate physical improvements on that route or routes. • The applicant shall work with Caltrans to identify an appropriate location for a park and ride/ride share facility.
• Pedestrian and bicycle access paths (or quiet residential streets) shall be designed and constructed throughout as much of the project area as possible to provide direct and convenient connections to all nearby open space areas, parks, schools, commercial areas, etc. to encourage walking and bicycling. In residential areas, at least one day-lighted cul-de-sac or other pedestrian access should be provided to adjacent arterial and collector streets between each arterial or collector street intersection, preferably located to make efficient connections to crosswalks at intersections and/or leading to schools or shopping areas. In the single-family residential areas, access shall be provided to the adjacent Wal Mart shopping center, Villages residential development, elementary school, park, and linear park.
• An enhanced bicycle/pedestrian connection (which could be a path or a directly connecting road) shall be provided to connect the proposed project to the adjacent neighborhood to the east at Sandra Street.
• The Linear Park bicycle path shall be constructed to provide a crossing of Pacheco Boulevard by either 1) under-crossing or bridge at Los Banos Creek with a connection to Pacheco Boulevard on the north side, or 2) surface crossing at Badger Flat Road with a signal actuation device and signal phasing developed to reduce conflicts with turning traffic. 73 30
• Bicycle racks shall be provided at all commercial and institutional uses. • Traffic signals shall be programmed to provide an automatic pedestrian walk signal at the beginning of each green light phase.
ο Implementation Complete
Party Responsible for Implementation: Applicant, LBUSD
Party Responsible for Monitoring: Los Banos Planning Department, State Architect Monitoring Notes and Status:

8. Subject to the review of the Los Banos Planning Department, no earlier than 30 days prior to commencement of grading or construction activities on the project site, a field survey shall be conducted by a 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. ο Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department (in cooperation with United States Fish and Wildlife Service)
Monitoring Notes and Status:

9. Prior to commencement of construction activities and subject to review and approval by the Los Banos Planning 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) including the following measures:
a. Any trench or pit deeper than two feet shall include ramps of either fill or planks to prevent kit fox from becoming trapped in the trench or pit.
b. Pipes, culverts, and other hollow materials greater than four inches in diameter shall be stored in a manner that will prevent kit foxes from using these materials as temporary refuge. In addition, these materials shall be inspected for kit foxes daily, prior to the onset of construction activities. 74 31
c. During construction activities, all food-related trash items shall be enclosed in sealed containers and regularly removed from the project site to avoid attracting wildlife to the project site, and pets shall not be allowed on the construction site. The proper location of the trash containers shall be subject to the review and approval of the Los Banos Planning Department. ο Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:

10. Prior to approval of grading or building permits for development on the project site, if the project site has remained fallow and reverted to grassland vegetation, the following measures shall be required, subject to the review and approval of the Los Banos Planning 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) 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. c. During the non-breeding season (August 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 owl's relocation to nearby lands possessing available nesting and foraging habitat. ο Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department (in cooperation with State Department of Fish and Game)
Monitoring Notes and Status:

11. Prior to approval the grading or building permits for the proposed project, the project applicant shall conduct Swainson’s hawk nesting surveys subject to the review and approval of the City of Los Banos Planning Department and the Department of Fish and Game. The surveys shall be conducted according to the recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s 75 32
Central Valley. Based on the Swainson’s hawk survey findings, the biologist shall recommend mitigation to avoid impacts to Swainson’s Hawk, if any, and may include but not be limited to, the following mitigation measures recommended in the Staff Report regarding Mitigation for Impacts to the Swainson’s Hawks in the Central Valley of California:
a. No intensive new disturbances or other project related activities which may cause nest abandonment or forced fledging, should be initiated within one-quarter mile (buffer zone) of an active nest between March 1 and September 15 or until August 15 if a Management Authorization or Biological Opinion is obtained for the project. The buffer should be increased to one-half mile in nesting areas away from urban development (i.e. in areas where disturbance is not normal occurrence during the nesting season). Nest trees should not be removed unless there is no feasible way of avoiding it. If a nest tree must be removed, a Management Authorization (including conditions to off-set the loss of the nest tree) must be obtained with the tree removal period specified in the Management Authorization, generally October 1 to February 1. If construction or other project related activities that may cause nest abandonment or forced fledging are necessary within the buffer zone, monitoring of the nest site (funded by the project proponent) by a qualified biologist (to determine if the nest is abandoned) should be required. If it is abandoned and if the nestling(s) are still alive, the project sponsor shall fund the recovery and hacking (controlled release of captive reared young) of the nestling(s). Routine disturbances such as agricultural activities, commuter traffic, and routine facility maintenance activities within one-qauarter mile of an active nest should not be prohibited. b. Hacking as a substitute for avoidance of impacts during the nesting period may be used in unusual circumstances after review and approval of a hacking plan by Environmental Service Division and Wildlife Management Division. Proponents who propose using hacking will be required to fund the full costs of the effort, including any telemetry work specified by the Department. ο Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department (in cooperation with State Department of Fish and Game)
Monitoring Notes and Status:

12. Subject to the review of the City of Los Banos, no more than 30 days prior to commencement of grading or construction activities occurring within 200 feet of trees located on and adjacent to the project site, a tree survey shall be conducted by a qualified biologist to determine if active nest(s) of protected birds are present in the trees. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shall be required only if any construction would occur during the nesting and/or breeding season of protected bird species potentially nesting in the tree (generally March 1 through August 1). If active nest(s) are found, clearing and construction within 200 feet of the tree shall be postponed or halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting, at the discretion of the biologist. If construction activities are not scheduled between March 1 and August 1, no further surveys of the tree shall be required.
ο Implementation Complete
76 33
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:

13. Subject to the review and approval of the Los Banos Planning 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 following guidelines;
a. The use of continuously illuminated flood lamps that would attract birds shall be avoided; b. Navigational lights that flash for as short and infrequent an interval as possible (one second on and nine seconds off has been suggested) shall be installed on all tall structures that require lights; c. If feasible, blue navigational lights as opposed to red, shall be used on tall structures; d. All guide wires associated with antenna towers shall be painted a bright color and equipped at intervals with visually obvious objects (e.g. orange painted balls several inches in diameter) in order to increase their visibility during the daylight hours; and e. Substitute measures that can be shown to be equally effective in preventing birds from colliding into structures and wires may be used with the approval of the approving agency. ο Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:

25. Subject to the review and approval of the Los Banos Planning Department, development plans for commercial or office buildings along Pacheco Boulevard or Badger Flat Loop Road shall include sound attenuation meeting the following criteria:
• Sound rated windows and alternate ventilation shall be provided; and • Outdoor uses areas, such as courtyards, shall be located out of direct line of sight of Pacheco Boulevard and Badger Flat Loop Road.
ο Implementation Complete
77 34
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:

26. Subject to the review and approval of the City of Los Banos Planning Department, office and commercial development plans for locations adjacent to residential uses shall be reviewed by an acoustical engineer prior to issuance of a building permit. The acoustical engineer shall recommend appropriate mitigation measures, such as buffer zones, noise barriers, and/or enclosures of mechanical equipment to protect residential areas from unacceptable levels of noise. ο Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:

27. The following language shall be included on any permits issued at the project site, subject to the review and approval of the City of Los Banos Planning Department. "All construction activities shall be limited to weekdays between 7:00 AM and 7:00 PM, and to Saturdays and City holidays between 9:00 AM and 7:00 PM. No construction is allowed on Sundays."
ο Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:

28. No building permits shall be issued for buildings on the portion of the project site south of Cardoza Road and Badger Flat Loop Road, without written evidence from the City of Los Banos Fire Chief that the City of Los Banos Fire Department can serve the development within acceptable response times. 78 35
Construction and operation of a fire station within the project site shall be considered adequate evidence and written evidence will not then be required.
ο Implementation Complete
Party Responsible for Implementation: Applicant, LBUSD
Party Responsible for Monitoring: Los Banos Planning Department, State Architect Monitoring Notes and Status:
79 THIS PAGE IS INTENTIONALLY LEFT BLANK
80 ORDINANCE #____

AN UNCODIFIED ORDINANCE OF THE LOS BANOS CITY COUNCIL

APPROVING A DEVELOPMENT AGREEMENT RELATIVE TO THE

DEVELOPMENT KNOWN AS VILLAGES VI
[VILLAGES VI]
WHEREAS, Government Code § 65864, et seq., authorizes the City of Los Banos to enter into development agreements which will provide certainty, definition and commitment to developers as well as to necessary public improvements required by development; WHEREAS, Arthur W. and Anne L. Dunkley Co Trustees of the Arthur W. and Anne L.

Dunkley Marital Property Trust UTD 12/4/87 and Rosalyn M. Simon Trustee of the Rosalyn M.

Simon Revocable Trust UTD 10/24/06 (“Developer”) submitted an application to the City of Los Banos for a Final Development Plan and Vesting Tentative Tract Map for approximately 7.73 acres of land located generally in the southwestern quadrant of the City bounded by Pacific Drive and Cardoza Road in the City of Los Banos (Assessor's Parcel Number: 430-060-005-000) (the “Property”);
WHEREAS, the proposed applications would allow development of the Property, which includes 30 low density detached single family homes; and a 13,686 sq. ft. neighborhood park as part of the Stonecreek South Planned Development (the “Project”); WHEREAS, in connection with the Project, the Developer and City staff have, in good faith, negotiated a proposed development agreement attached to this Ordinance as Exhibit A the terms of which carry out the legislative purpose of Government Code § 65864, et seq and will assure the parties to this Agreement of mutually desirable development of the Property.

Developer has agreed to provide the following significant public benefits as consideration for this Agreement:
a. Continuation of the Planned Development known as Stonecreek South. b. Formation or annexation of the Property to a Community Facilities District created for the purpose of funding public safety.
c. Formation or annexation of the Property to a Lighting and Landscaping district created for the purpose of maintaining public landscape areas, signage, and public lighting and traffic signal maintenance.

WHEREAS, in accord with the California Environmental Quality Act (CEQA) and State and City guidelines, City has accepted and previously approved and certified the Stonecreek Area Plan Environmental Impact Report, on April 21, 2004; WHEREAS, on December 10, 2025, the Planning Commission of the City of Los Banos held a public hearing at which time the Planning Commission reviewed the Development Agreement prepared for the Project and recommended approval by the City Council; 81 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; WHEREAS, on __________, 202_ and on __________________ __, 202_ the City Council held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the proposed Development Agreement; and WHEREAS, the City Council, having duly considered this Agreement and having held the noticed public hearing, finds and declares that the provisions of this Agreement are consistent with the maps and text of the City's General Plan.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CITY OF LOS BANOS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and correct.

SECTION 2. This Ordinance incorporates, and by this reference makes a part hereof, the Development Agreement attached hereto as Exhibit A.

SECTION 3. This Ordinance is adopted under the authority of Government Code Section 65864 et seq.

SECTION 4. The City Council hereby finds and determines, as follows:
(a) The Agreement will provide significant public benefits; (b) The Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan;
(c) The Agreement is compatible with the uses authorized in, and the general plan designations which will apply to the Property;
(d) The Agreement is in conformity with public convenience, general welfare and good land use practice;
(e) The Agreement will not be detrimental to the public health, safety and general welfare; and
(f) The Agreement will not adversely affect the orderly development of property or the preservation of property values.

SECTION 5. The foregoing findings and determinations are based upon the following:
(a) The Recitals set forth in this Ordinance, which are deemed true and correct; (b) Resolution No. ______, approved by the City Council on ____________ 202_, approving FDP ________, which Resolution and exhibits are incorporated herein by reference as if set forth in full;
(c) Resolution No. ________, approved by the Planning Commission on ________ __, 202_, approving VTTM ________, which Resolution and exhibits are incorporated herein by reference as if set forth in full;
(d) The City’s General Plan;
82 (e) All City staff reports (and all other public reports and documents) prepared for the Planning Commission, City Council, or others relating to the Stonecreek Area Plan Environmental Impact Report – approved and certified on April 21, 2004, the Final Development Plan, Vesting Tentative Tract Map, the Development Agreement, and other actions relating to the Property;
(f) All documentary and oral evidence received at public hearings or submitted to the Planning Commission, or City during the comment period relating to the Stonecreek Area Plan Environmental Impact Report, the Final Development Plan, Vesting Tentative Tract Map, the Development Agreement, and other actions relating to the Property; and (g) All other matters of common knowledge to the City Council, including, but not limited to the City’s fiscal and financial status; City general ordinances, policies and regulations.

SECTION 6. The City Council hereby approves the Development Agreement, attached hereto as Exhibit A, and subject further to such minor, conforming and clarifying changes consistent with the terms thereof as may be approved by the City Manager, in consultation with the City Attorney prior to execution thereof.

SECTION 7. Upon the effective date of this Ordinance as provided in Section 9 hereof, the Mayor and City Clerk are hereby authorized and directed to execute the Agreement on behalf of the City of Los Banos.

SECTION 8. The City Manager is hereby authorized and directed to perform all acts authorized to be performed by the City Manager in the administration of the Agreement pursuant to the terms of the Agreement.

SECTION 9. This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption; provided, however, that if the actions referred to in Section 5 hereof are not effective on such date, then the effective date of this Ordinance shall be the date on which all of said actions become effective, as certified by the City Clerk and cause the same to be posted and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.

Introduced by Council Member _________ and seconded by Council Member ____________ on the ____ day of ___________, 202_.

Passed on the ____ day of ____________, 202_ by the following vote:

AYES: Council Members
NOES:

ABSENT:

83 APPROVED:
__________________________
Michael S. Amabile, Mayor
ATTEST:
_____________________________
Lucille L. Mallonee, City Clerk
84 EXHIBIT A
Development Agreement
[to be inserted by Staff]
85 THIS PAGE IS INTENTIONALLY LEFT BLANK
86 ____________________________________________________________________________________________________________________ WAV - 12.04.2025

RECORDING REQUESTED BY
AND WHEN RECORDED, MAIL TO:

City of Los Banos
520 J Street
Los Banos, CA 93635
Attn: City Clerk
______________________________________________________________________________ (Space Above This Line Is for Recorder’s Use Only)
This Agreement is recorded at the request and for the
benefit of the City of Los Banos and is exempt from
the payment of a recording fee pursuant to
Government Code §§ 6103 and 27383.

DEVELOPMENT AGREEMENT

RELATIVE TO THE DEVELOPMENT KNOWN AS

VILLAGES VI
__________________________
(Date)
THIS DOCUMENT, INCLUDING EXHIBITS, TOTALS ______ PAGES.

EACH PAGE IS “BATES STAMPED” SEQUENTIALLY IN THE LOWER RIGHT HAND CORNER.

87 ____________________________________________________________________________________________________________________ WAV - 12.04.2025

DEVELOPMENT AGREEMENT

RELATIVE TO THE DEVELOPMENT KNOWN AS

VILLAGES VI
THIS DEVELOPMENT AGREEMENT (“Agreement”) is made and entered into this _____day of _________, 202_, by and between the CITY OF LOS BANOS, a municipal corporation (“City”), and ARTHUR W. AND ANNE L. DUNKLEY CO TRUSTEES OF THE ARTHUR W. AND ANNE L. DUNKLEY MARITAL PROPERTY TRUST UTD 12/4/87 and ROSALYN M. SIMON TRUSTEE OF THE ROSALYN M. SIMON REVOCABLE TRUST UTD 10/24/06 (“Developer”), pursuant to the authority of Article 2.5, Chapter 4, Division 1, Title 7 (§ 65864, et seq. of the Government Code) relating to Development Agreements. City and Developer are sometimes collectively referred to in this Agreement as the “Parties” and individually as a “Party.”

RECITALS

1. Developer owns in fee that certain real property, more particularly described in the legal description attached hereto as Exhibit “A” and as depicted on the site map attached hereto as Exhibit “B”.

2. In order to encourage investment in, and commitment to, comprehensive planning and public facilities financing, strengthen the public planning process and encourage private implementation of the local general plan, provide certainty in the approval of projects in order to avoid waste of time and resources, and reduce the economic costs of development by providing assurance to property owners that they may proceed with projects consistent with existing land use policies, rules, and regulations, the California Legislature adopted California Government Code sections 65864-65869.5 (the “Development Agreement Statute”) authorizing cities and counties to enter into development agreements with persons or entities having a legal or equitable interest in real property located within their jurisdiction.

3. The parties have, in good faith, negotiated the terms hereinafter set forth which carry out the legislative purpose set forth above and will assure the parties to this Agreement of mutually desirable development of the Subject Property. Developer has agreed to provide the following significant public benefits as consideration for this Agreement:
a. Continuation of the Planned Development known as Stonecreek South. b. Formation or annexation of the Subject Property to a Community Facilities District created for the purpose of funding public safety.
c. Formation or annexation of the Subject Property to a Lighting and Landscaping District created for the purpose of maintaining public landscape areas, signage, and public lighting and traffic signal maintenance.

4. City, in response to Developer's applications, after public hearings and extensive environmental analysis, has granted the following entitlements (hereinafter the “Entitlements”). 88 ____________________________________________________________________________________________________________________ WAV - 12.04.2025
a. By Planning Commission Resolution No. 2025–__ approval of Vesting Tentative Tract Map for Villages VI (VTTM 2024- 02).
b. By City Council Resolution No. ______ approval of Final Development Plan for Villages VI (FDP 2024-01)

5. In support of the various Entitlements described in paragraph 4 above, and in accord with the California Environmental Quality Act (CEQA) and State and City guidelines, City has accepted and previously approved and certified the Stonecreek Area Plan Environmental Impact Report, on April 21, 2004.

6. Development of the Subject Property pursuant to the terms and conditions of the various entitlements, the General Plan, and the Stonecreek Area Plan Environmental Impact Report will provide for orderly growth and development consistent with the City's General Plan and other development policies and programs.

7. On December 10, 2025, the City Planning Commission held a public hearing on this Agreement, considered this Agreement, and recommended its adoption to the City Council.

8. On _________ __, 2026 and on _________ __, 2026 the City Council also held a public hearing on this Agreement and considered the Planning Commission recommendations and testimony and information submitted by City Staff, Developer, and members of the public. Having duly considered this Agreement and having held the noticed public hearings, City finds and declares that the provisions of this Agreement are consistent with the Development Agreement Statute, and the maps and text of the City's General Plan.

NOW, THEREFORE, the parties hereto agree as follows:

ARTICLE 1

GENERAL PROVISIONS
Section 1.1. The Project. The Project is the Final Development Plan and Vesting Tentative Tract Map for the potential development of approximately 7.73 acres of land located generally in the southwestern quadrant of the City bounded by Pacific Drive and Cardoza Road.

The Project consists of the subdivision and development of the Subject Property: into 30 low density detached single family homes and a 13,686 sq. ft. neighborhood park; on approximately

7.73 acres with an average density of 3.25 units per acre; the entire project area is zoned R-1 with a Planned Development overlay.

Section 1.2. Subject Property. The Subject Property consists of approximately 7.73 acres identified as Merced County Assessor’s Parcel Number 430-060-005-000 generally located in the southwestern quadrant of the City bounded by Pacific Drive and Cardoza Road, in the City of Los Banos. The Subject Property is more particularly described in Exhibit “A”, attached hereto and incorporated herein by this reference and made a part of this Agreement.

Section 1.3. Definitions. As used in this Agreement, the following terms, phrases and 89 ____________________________________________________________________________________________________________________ WAV - 12.04.2025
words shall have the meanings and be interpreted as set forth in this Section. (a) Adopting Ordinance means Ordinance Number ____ entitled: An Uncodified Ordinance of the Los Banos City Council Approving a Development Agreement Relative to the Development of Villages VI for Development of Approximately 7.73 Acres Generally Located in the Southwestern Quadrant of the City bounded by Pacific Drive and Cardoza Road, in the City of Los Banos, More Specifically Identified As Assessor's Parcel Number: 430-060-005-000 [Villages VI]; dated __________ __, 2026, and effective ____________ __, 2026, which approves this Agreement as required by Government Code section 65867.5.
(b) Assumption Agreement means an agreement substantially conforming to the model assumption agreement described in Exhibit “F” or other agreement in a form approved by the City Attorney, executed by a Landowner with the Developer, expressly assuming various obligations relating to the development of the Project, or portion thereof. (c) Certificate of Occupancy means either a certificate issued after inspections by City authorizing a person or persons in possession of property to dwell or otherwise use a specified building or dwelling unit, or the final inspection if a formal certificate is not issued.
(d) CEQA means the California Environmental Quality Act section 21000 et seq., of the Public Resources Code of the State of California. (e) City means the Los Banos City Council, or its designee. (f) City Laws means ordinances, resolutions, rules, regulations, policies, motions, directives, mitigation measures, conditions, standards, specifications, dedications, fees, taxes (including without limitation general, special and excise taxes), assessments, liens, other exactions and impositions, and any other actions having the force of law, that are enacted or adopted by City, or by its electorate through the initiative or referendum process. (g) Collective Standards means this Development Agreement, Exhibits C, D, and E to this Development Agreement, the Planning Documents, and the City Laws that are operative and in force and effect as of the Effective Date, and the Subsequent Approvals. (h) Developer means Arthur W. and Anne L. Dunkley Co Trustees of the Arthur W. and Anne L. Dunkley Marital Property Trust UTD 12/4/87 and Rosalyn M. Simon Trustee of the Rosalyn M. Simon Revocable Trust UTD 10/24/06, or successor in interest. (i) Director means the Community and Economic Development Director for the City of Los Banos or designee.
(j) Effective Date means the effective date of the Adopting Ordinance. (k) Entitlements shall mean those approvals listed in Recital 4 including any and 90 ____________________________________________________________________________________________________________________ WAV - 12.04.2025
all conditions of approval and mitigation measures.
(l) Final Development Plan means FDP #2024-01 and conditions of approval applicable thereto, attached as Exhibit “E”.
(m) General Plan means the 2042 General Plan of the City, approved October 19, 2022, excluding any amendment after the Effective Date that impairs or restricts Developer’s rights set forth in this Agreement, unless such amendment is expressly authorized by this Agreement or is specifically agreed to by Developer. (n) Landowner is a party who has acquired any portion of the Subject Property from the Developer who, unless otherwise released as provided in this Agreement, shall be subject to the applicable provisions of this Agreement. (o) New City Laws means City Laws enacted, adopted or implemented by City, or by its electorate through the initiative or referendum process, after the Effective Date. (p) Planning Documents means, and shall be limited to, those approvals set forth in paragraph 4, of the Recitals.
(q) Project means the anticipated development of the Subject Property as specified in Section 1.1 and as provided for in the provisions of this Agreement and all other incorporated exhibits.
(r) Reserved Powers shall mean those powers explicitly reserved to the City by this Agreement.
(s) Subject Property means the property described in Section 1.2, or the remaining portions thereof after releases from the provisions of this Agreement have been executed as authorized by this Agreement.
(t) Subsequent Approvals means that Developer may make application for other land use approvals, actions, agreements, permits and other entitlements that are necessary or desirable in connection with the development of the Project, including without limitations, multiple planned development zoning district approvals, multiple vesting or non-vesting tentative subdivision maps, site plan approvals, use and grading permits, lot line adjustments, sewer and water connections, design review, building permits and certificates of occupancy, including all conditions of approval imposed in connection therewith.
(u) Tentative Map(s) shall mean Map #VTTM 2021-01 and conditions of approval applicable thereto, attached as Exhibit “D”.

Section 1.4. Exhibits. Exhibits to this Agreement are as follows:

Exhibit “A” Legal Description/Subject Property.
91 ____________________________________________________________________________________________________________________ WAV - 12.04.2025
Exhibit “B” Site Map.

Exhibit “C” Special Conditions and Requirements.

Exhibit “D” Vesting Tentative Tract Map VTTM 2024-02 and Conditions of Approval.

Exhibit “E” Final Development Plan FDP 2024-01 and Conditions of Approval.

Exhibit “F” Sample Assumption Agreement.

Exhibit “G” Sample Notice of Termination.

Section 1.5. Incorporation of Exhibits and Recitals. Exhibits A–G and Recitals 1 through 8 are incorporated herein, including all exhibits referred to in said Recitals. In the event of inconsistency between the Recitals and the provisions of Articles 1 through 5, the provisions of Articles 1 through 5 shall prevail.

Section 1.6. Parties to Agreement. The parties to this Agreement are:
(a) The City of Los Banos. A municipal corporation exercising general governmental functions and powers. The principal office of the City is located at 520 J Street, Los Banos, California 93635.
(b) Developer. Arthur W. and Anne L. Dunkley Co Trustees of the Arthur W. and Anne L.

Dunkley Marital Property Trust UTD 12/4/87 and Rosalyn M. Simon Trustee of the Rosalyn M.

Simon Revocable Trust UTD 10/24/06. The principal office of Developer is 239 Main Street, Suite E, Pleasanton, CA 94566.
(c) Landowner. From time to time, as provided in this Agreement, Developer may sell or otherwise lawfully dispose of a portion of the Subject Property to a Landowner who, unless otherwise released, shall be subject to the applicable provisions of this Agreement related to such portion of the Subject Property.

Section 1.7. Project is a Private Undertaking. It is agreed among the parties that the Project is a private development and that the City has no interest therein except as authorized in the exercise of its governmental functions.

Section 1.8. Term of Agreement. This Agreement shall commence upon the Effective Date of the Adopting Ordinance approving this Agreement. Upon becoming operative, this Agreement shall continue in force for a period of ten (10) years from the Effective Date unless terminated as provided herein. Following the expiration of the term, or if sooner terminated, this Agreement shall have no force and effect, subject however, to post-termination obligations of Developer or Landowner, if any.

Section 1.9. Priority of Enactment. In the event of conflict between the Development Agreement, the Planning Documents and the City Laws, the parties agree that the following sequence of approvals establishes the relative priority of the approvals, each approval superior to the approvals listed thereafter: (1) the Development Agreement; (2) the Planning Documents; and (3) the City Laws. In the event of a conflict between two or more of the foregoing documents, the language of that document which is superior in priority as provided above shall govern. 92 ____________________________________________________________________________________________________________________ WAV - 12.04.2025
Section 1.10. Vested Rights of Developer. During the term of this Agreement, unless sooner terminated in accordance with the terms hereof, in developing the Subject Property consistent with the Project described herein, Developer is assured, and City agrees, that the development rights, obligations, terms and conditions specified in the Collective Standards are fully vested in the Developer and may not be changed or modified by the City except as may be expressly permitted by, and in accordance with, the terms and conditions of this Agreement, or as expressly consented thereto in writing as provided for in Section 1.13 and 1.14 below, by the Developer, which consent Developer may withhold in its sole and exclusive discretion. Developer shall be obligated to pay only those fees, make only those dedications and improvements, and otherwise be subject to only those conditions/exactions expressly authorized in this Agreement.

Except as expressly provided herein and in sections 1.22 and 1.23, City shall not establish, enact, impose or exact any new or additional fees, charges, general taxes, special taxes, conditions, dedications, improvements, and/or other exactions, policies, standards, laws, or regulations which directly or indirectly relate to or affect development or occupancy of the Project or Subject Property.

Section 1.11. Assignment and Assumption. Developer shall have the right to sell, assign, or transfer this Agreement with all the rights, title and interests therein to any person, firm or corporation at any time during the term of this Agreement. The conditions and covenants set forth in this Agreement and incorporated herein shall run with the land and the benefits and burdens shall bind and inure to the benefit of the parties. Developer shall provide City with a copy of the Assumption Agreement. Express written assumption by such purchaser, assignee or transferee, to the satisfaction of the City Attorney, of the obligations and other terms and conditions of this Agreement with respect to the Subject Property or such portion thereof sold, assigned or transferred, shall relieve the Developer selling, assigning or transferring such interest of such obligations so expressly assumed. Any such assumption of Developer's obligations under this Agreement shall be deemed to be to the satisfaction of the City Attorney if executed in the form of the Assumption Agreement attached hereto as Exhibit “E” and incorporated herein by this reference, or such other form as shall be approved by the City Attorney.

Section 1.12. Covenants Running With the Land. Each and every purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Subject Property, or such portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of a Developer contained in this Agreement, as such duties and obligations pertain to the portion of the Subject Property sold, assigned or transferred to it.

Provided however, notwithstanding anything to the contrary above, if any such sale, assignment or transfer relates to a completed residential unit or non-residential building which has been approved by the City for occupancy, this Agreement shall automatically terminate.

Section 1.13. Amendment to Agreement (Developer and City). This Agreement may be amended by mutual consent of the parties in writing, in accordance with the provisions of Government Code section 65868, provided that: any amendment which relates to the term, permitted uses, density, intensity of use, height and size of proposed buildings, or provisions for reservation and dedication of land shall require a noticed public hearing before the parties may 93 ____________________________________________________________________________________________________________________ WAV - 12.04.2025
execute an amendment. Unless otherwise provided by law, all other amendments may be approved without a noticed public hearing.

Any amendment entered into between the City and the Developer shall require the signature of each owner of any portion of the Subject Property to the extent the amendment modifies this Agreement as to that other owner's property.

Section 1.14. Amendment to Agreement (Landowner and City). This Agreement may also be amended, subject to the provisions of Government Code section 65868, between a Landowner who has acquired a portion of the Subject Property from Developer and City as to the portions of the Subject Property then owned by Landowner.

Any amendment entered into between the City and a Landowner shall require the signature of each Landowner of any portion of the Subject Property or the Developer to the extent the amendment modifies the Agreement as to that Landowner's or the Developer's property.

Section 1.15. Releases. Developer, and any subsequent Landowner, may free itself from further obligations relating to the sold, assigned, or transferred property, provided that the City Clerk receives a copy of the Assumption Agreement provided for in Section 1.11.

Section 1.16. Notices. Notices, demands, correspondence, and other communication to City and Developer shall be deemed given if dispatched by prepaid first-class mail to the principal offices of the parties as designated in Section 1.6. Notice to the City shall be to the attention of both the City Manager and the Director. Notices to subsequent Landowners shall be required to be given by the City only for those Landowners who have given the City written notice of their address for such notices. The parties hereto may, from time to time, advise the other of new addresses for such notices, demands or correspondence.

Section 1.17. Reimbursement for Agreement Expense of City. Developer agrees to reimburse City for reasonable and actual expenses over and above fees paid by Developer as an applicant for costs specifically incurred by City for the preparation of this Agreement, including recording fees, publishing fees, and reasonable staff, City Attorney, Special Counsel, and consultant costs not otherwise included within application fees then due and payable to the City.

Such reimbursement shall be paid to the City prior to execution of this Agreement by the City.

Section 1.18. Recordation of Agreement. The City Clerk shall cause a copy of this Agreement to be recorded with the Merced County Recorder not later than ten (10) days following execution of this Agreement by all parties. Developer hereby covenants that during the period following execution and the recording of this Agreement by the City, Developer shall not, without prior written approval by the City Attorney, cause or allow to be recorded against the Subject Property any instrument affecting the priority, validity or enforceability of this Agreement.

Section 1.19. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California.

Section 1.20. Invalidity of Agreement/Severability. If this Agreement in its entirety is 94 ____________________________________________________________________________________________________________________ WAV - 12.04.2025
determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which became effective after the Effective Date, the remaining provisions shall continue in full force and effect.

Section 1.21. Third Party Legal Challenge. In the event any legal action or special proceeding is commenced by any person or entity other than a Party or a Landowner, challenging this Agreement, the Entitlements or any approval subsequently granted by the City for the development of the Subject Property, the parties and any Landowner agree to cooperate with each other in good faith. City may elect to tender the defense of any lawsuit filed by a third person or entity to Developer and/or Landowner(s) (to the extent the litigation, in part or in whole, seeks to overturn or invalidate this Agreement, the Entitlements or any subsequent approval granted for the Subject Property held by or granted to Developer and/or Landowner), and, in such event, Developer and/or such Landowner(s) shall hold the City harmless from and defend the City from all costs and expenses incurred in the defense of such lawsuit, including, but not limited to, damages, attorneys' fees and expenses of litigation awarded to the prevailing party or parties in such litigation. For purposes of this section only, “City” shall include all employees, consultants and agents acting on behalf of the City. Neither party shall settle any such lawsuit without the consent of the other party. The City may elect to participate in the litigation, in which case the Developer and/or Landowner agree to reimburse the City for its litigation costs and fees, including the retention of outside legal counsel. It is the intent of the Parties that the City’s participation not result in unnecessary duplication of legal services, but rather that the City’s active involvement in the litigation be limited to supervising the preparation of the administrative record or discovery as applicable, monitoring of litigation, and responsive pleadings regarding issues which, in the sole opinion of the City, involve broader City concerns than those immediately affecting the Landowner and/or Developer. Upon written demand of the City, Developer and/or Landowner shall deposit with the City such sums as may be specified by the City as its estimated litigation costs and fees for the following thirty day period. Both parties shall act in good faith, and shall not unreasonably withhold consent to settle. In the event that the City elects to settle a claim, and Developer refuses to also settle, City at its sole option, may require Developer to post security in a form and amount reasonably acceptable to the City, for the performance of Developer’s duties under this section. If the Developer, within 30 days of receiving written notice from City, fails to post this security, the Developer shall settle the claim on terms as previously approved by the City.

Section 1.22. Fees. Developer shall be subject to all fees currently adopted by the City, including scheduled or periodic increases as provided for in the adopting ordinances or resolutions (“Current Fees”). Developer shall pay, without protest or without challenge, Current Fees in effect at the time of the issuance of a requested permit or entitlement.

In addition, Developer agrees to pay any new fees adopted by the City, or the recalculation of existing fees (“New Fees”) in effect at the time of the issuance of a requested building permit.

Developer shall retain the right to challenge the New Fees as permitted by law.

Section 1.23. Reserved Powers. Notwithstanding any other provision of this Agreement, including Sections 2.1 and 2.2, and without limitation as to any other requirements or exceptions 95 ____________________________________________________________________________________________________________________ WAV - 12.04.2025
contained in this Agreement, the City shall retain the authority to take the following actions and apply the same to the Subject Property:
(a) The authority of the City Council to adopt regulations to protect the City and its citizens from an immediate adverse risk to health and safety. This shall include, but not be limited to, lack of sufficient sewer and/or water facilities, but not school facilities. (b) Adopt or increase utility charges in accordance with applicable laws and regulations; and
(c) As set forth in Section 1.22, increase and apply Current Fees, and adopt and apply New Fees.
(d) Adopt revised subdivision, building design (residential and non-residential), and development improvement standards, provided, however, no such revised standards shall apply to the Project earlier than the 366th day following the date the City Council adopts the revised standard.
(e) Land use regulations, ordinances, policies, programs, resolutions or fees adopted or undertaken by City in order to comply with state or federal laws, or regulations, provided that in the event that such state or federal laws or regulations prevent or preclude compliance with one or more provisions of this Agreement, such provision or provisions shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations.
(f) City land use regulations, ordinances, policies, programs or resolutions adopted after the Effective Date, which are in conflict with the City Laws, but the application of which to the development of the Subject Property has been consented to in writing by the Developer and/or the applicable Landowner by later separate document, which consent Developer and/or Landowner may withhold in their sole and exclusive discretion. (g) Adopt a revised growth management policy for residential development, provided; however, no such revised policy shall apply to the Project earlier than the 366th day following the date the City Council adopts the revised policy. (h) Adopt a revised Water Efficient Landscape Ordinance and revised landscape standards including adoption of amendments to the existing and revised Ordinance and /or standards, such revised standards shall apply to the Project immediately upon adoption by the City Council. However, said revised landscape standards shall not apply to new landscaping for any residential lot where a building permit has been issued prior to the adoption of the revised Ordinance and/or standards.

Section 1.24. Waiver of Claims. Developer waives, as to the Subject Property only, any and all existing claims that may have against the City, its agents, employees and consultants arising out of the adoption and/or application of development requirements and standards, impact fees, the adoption of this Agreement or approval of the Entitlements and all of the proceedings, acts or 96 ____________________________________________________________________________________________________________________ WAV - 12.04.2025
determinations made prior thereto.

Section 1.25. Availability of Facilities. Notwithstanding any other provision set forth in this Agreement to the contrary, nothing in this Agreement is intended or shall be interpreted to require City to guarantee or reserve to or for the benefit of Developer or the Property any utility capacity, service, or facilities that may be needed to serve the Project, whether domestic or reclaimed water service, sanitary sewer transmission or wastewater treatment capacity, downstream drainage capacity, or otherwise, and City shall have the right to limit or restrict Development of the Project if and to the extent that City reasonably determines that inadequate utility capacity exists to adequately serve the Project at the time Development is scheduled to commence. Notwithstanding the foregoing, City covenants to provide utility services to the Project on a non-discriminatory basis (i.e., on the same terms and conditions that City undertakes to provide such services to other similarly situated new developments in the City of Los Banos as and when service connections are provided and service commences).

Section 1.26. Life of Project Approvals or Subsequent Approvals. The term of any Project Approval or Subsequent Approval shall automatically be extended for the longer of the Term or the term otherwise applicable to such Project Approval or Subsequent Approval if this Agreement is no longer in effect. The Term, any other Project Approval or Subsequent Approval shall not include any period of time during which any applicable development or utility moratorium, or the period of time of any lawsuit challenging the Project Approvals.

ARTICLE 2

PROJECT DEVELOPMENT
Section 2.1. Vested Right to Develop. Developer shall have the vested right to develop the Subject Property in accordance with the terms and provisions of this Agreement.

To the extent that Developer, prior to execution of this Agreement, possesses vested rights under the authority of the Subdivision Map Act or common law, Developer expressly waives any and all rights thereto, and agrees that any claim to a vested right is defined solely by the Development Agreement.

Section 2.2. Permitted Uses and Development Standards. The permitted uses, the density and intensity of use, the maximum height and size of proposed buildings, provisions for reservation and dedication of land or payment of fees in lieu of dedication for public purposes, the construction, installation and extension of public improvements, development guidelines, policies and standards, implementation program for processing of subsequent entitlements and other conditions of development for the Subject Property shall be those set forth in the Collective Standards. The parties hereto intend that the Collective Standards shall serve as the definitive and controlling document for all subsequent actions, discretionary or ministerial, relating to the development and occupancy of the Project.
97 ____________________________________________________________________________________________________________________ WAV - 12.04.2025
Section 2.3. Amendments. Modifications to the Tentative Map may be approved in accordance with the provisions of the Subdivision Map Act and local ordinance and shall not require an amendment to this Agreement.

Section 2.4. No Conflicting Enactments. Except as provided for as a Reserved Power or as otherwise provided for in this Agreement, neither the City nor any agency of the City, shall enact, adopt or implement any New City Law, whether by action of City, by initiative, referendum, or otherwise, that: (a) is in conflict with the Collective Standards; (b) relates to the rate, timing or sequencing of the development or construction of the Subject Property on all or any part of the Subject Property that is in conflict with this Agreement, or any amendments thereto; or (c) reduces the development rights provided by the Collective Standards. Without limiting the foregoing general statement, and for all purposes pursuant to this Agreement generally, and this Section specifically, any New City Law shall be deemed to conflict with this Agreement if, either with specific reference to this Subject Property or as part of a general enactment that directly or indirectly applies to this Subject Property, it would or could:
(a) Limit or reduce the density or intensity of the Project development granted by the Collective Standards or otherwise require any reduction in the height, number, size or square footage of lots, structures or buildings;
(b) Expand or increase Developer’s obligations under the Collective Standards with respect to the provision of parking spaces, streets, roadways and/or any other public or private improvements or structures;
(c) Directly limit public services or facilities otherwise available (e.g., water, drainage, sewer or sewage treatment capacity) to, within or available for use by the Project unless such limitation applies on an equitable basis to other similarly situated properties; (d) Limit or control in any manner the timing or phasing of the construction/development of the Project allowed by the Collective Standards; (e) Limit the location of buildings, structures, grading or other improvements relating to the development of the Project in a manner which is inconsistent with or more restrictive than the Collective Standards;
(f) Limit the processing of applications for or procurement of Subsequent Approvals;
(g) Establish, enact or increase in any manner applicable to the Project, or impose against the Project, any fees, taxes (including, without limitation, general, special, and excise taxes), assessments, liens or other financial obligations other than: (i) those specifically permitted by this Agreement; and (ii) any City-wide taxes and assessments; or (h) Initiate, support or establish any assessment district or other public financing mechanism that would include or otherwise burden or effect the Project or the Subject Property that has not been established prior to the Effective Date. 98 ____________________________________________________________________________________________________________________ WAV - 12.04.2025
Clauses (a) through (h) above are intended as examples, and not as a comprehensive or exclusive list, of New City Laws that would or could conflict with the Collective Standards, and therefore with this Agreement. Except as otherwise provided in Section

1.23, all City actions applying any City Law to the development of the Project shall be consistent with this Agreement.

Section 2.5. Changes to City Laws. Only the following changes to the City Laws shall apply to the development of the Subject Property:
(a) Land use regulations, ordinances, policies, programs, resolutions or fees adopted or undertaken by City in order to comply with state or federal laws, or regulations, provided that in the event that such state or federal laws or regulations prevent or preclude compliance with one or more provisions of this Agreement, such provision or provisions shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations.
(b) City land use regulations, ordinances, policies, programs, resolutions or fees adopted after the Effective Date, that are not in conflict with the terms and conditions for development of the Subject Property established by this Agreement or otherwise applicable Existing Land Use Regulations and which do not impose additional burdens on the Project and/or the Subject Property.
(c) City land use regulations, ordinances, policies, programs, resolutions or fees adopted after the Effective Date, which are in conflict with the Existing Land Use Regulations, but the application of which to the development of the Subject Property has been consented to in writing by the Developer and/or the applicable Landowner by later separate document, which consent Developer and/or Landowner may withhold in their sole and exclusive discretion.

Section 2.6. Further Reviews. Developer acknowledges that the City Laws contemplate further reviews of elements of the Project by the City and Subsequent Approvals. These reviews include review of final map(s), improvement plans and building permit applications. Nothing in this Section 2.6 shall be deemed to limit or expand the legal authority of City with respect to such reviews or Subsequent Approvals.

Section 2.7. Application, Processing and Inspection Fees. Application fees, processing fees, and inspection fees that are revised during the term of this Agreement shall apply to the development pursuant to this Agreement, provided that such revised fees apply generally to similar private projects or works within City and are in compliance with State and Federal law.

Section 2.8. Timing of Development. The parties acknowledge that the most efficient and economic development of the Subject Property depends upon numerous factors, such as market orientation and demand, interest rates, competition, and similar factors, and that generally it will be most economically beneficial to the ultimate purchasers to have the rate of development determined by Developer. Accordingly, the timing, sequencing, and phasing of the development 99 ____________________________________________________________________________________________________________________ WAV - 12.04.2025
is solely the responsibility of Developer and, except as may be expressly set forth in this Development Agreement and the conditions of approval of the Tentative Map or final Development Plan, the City Council shall not impose, by ordinance, resolution, or otherwise, any restrictions on the timing, sequencing or phasing of any construction activity within the Subject Property.

Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal. 3rd 465 (1984) that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over the parties’ agreement, it is the Parties’ intent to cure that deficiency by acknowledging and providing that:

Developer shall have the right (without obligation) to Develop the Project in such order and at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgment, subject to the terms, requirements, and conditions of the Project approvals and this Agreement.

Developer shall use its best commercial efforts, in accordance with its own business judgment and taking into consideration market conditions and other economic factors influencing Developer’s business decision, to commence and continue development of the Project in a regular, progressive, and timely manner in accordance with the terms, requirements, and conditions of the Project approvals and this Agreement.

Section 2.9. Obligation and Rights of Mortgage Lenders. The holder of any mortgage, deed of trust or other security instrument with respect to the Subject Property, or any portion thereof, shall not be obligated under this Agreement to construct or complete improvements or to guarantee such construction or completion, but, in the event said holder takes title to the Subject Property through foreclosure of a mortgage or a deed of trust, or deed-in-lieu of such foreclosure, said holder shall be bound by all of the terms and conditions of this Agreement which pertain to the Subject Property or such portion thereof in which it holds an interest. Any such holder who comes into possession of the Subject Property, or any portion thereof, pursuant to a foreclosure of a mortgage or a deed of trust, or deed in lieu of such foreclosure, shall take the Subject Property, or such portion thereof, subject to any pro rata claims for payments or charges against the Subject Property, or such portion thereof, which accrue prior and subsequent to the time such holder comes into possession. Nothing in this Agreement shall be deemed or construed to permit or authorize any such holder to devote the Subject Property, or any portion thereof, to any uses, or to construct any improvements thereon, other than those uses and improvements provided for or authorized by this Agreement, subject to all of the terms and conditions of this Agreement.

Section 2.10. Automatic Extension of the Approved Tentative Map. Pursuant to Government Code §66452.6(a) the life of the Tentative Map is automatically extended by a period of time equal to the Term of this Agreement. In the event this Agreement is cancelled, the map shall continue in effect for twelve (12) months from the date of cancellation or the expiration date, whichever comes later. Thereafter, the Tentative Map approval shall be considered to have expired as provided for in Government Code §66452.6(d). In the event that the Agreement is cancelled, the subdivider may exercise all rights allowed by the Subdivision Map Act with respect to the 100
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extension of the Tentative Map. As long as this Agreement is not cancelled, it is the intent of the Developer to waive any and all rights and claims to extend the Tentative Map as might otherwise be permitted by Government Code §66452.6(a), as a result of conditions of approval, which require the subdivider to construct specified offsite improvements.

ARTICLE 3

DEFAULT
Section 3.1. General Provisions. Subject to extensions of time by mutual consent in writing, failure or delay by either party or Landowner not released from this Agreement to perform any term or provision of this Agreement, shall constitute a default. In the event of alleged default or breach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other party or Landowner not less than sixty (60) days notice in writing specifying the nature of the alleged default and the manner in which said default may be cured. During any such sixty (60) day period, the party or Landowner charged shall not be considered in default for purposes of termination or institution of legal proceedings.

After notice and expiration of the sixty (60) day period, if such default has not been cured or is not being diligently cured in the manner set forth in the notice, the other party or Landowner to this Agreement may, at his option, institute legal proceedings pursuant to this Agreement or give notice of its intent to terminate this Agreement pursuant to California Government Code section 65868 and any regulations of the City implementing said Government Code section.

Following notice of intent to terminate, or prior to instituting legal proceedings, the matter shall be scheduled for consideration and review in the manner set forth in Government Code sections 65865, 65867, and 65868 and City regulations implementing said sections by the City within thirty (30) calendar days.

Following consideration of the evidence presented in said review before the City and an additional 30-day period to cure, either party alleging the default by the other party or Landowner may institute legal proceedings or may give written notice of termination of this Agreement to the other party; provided, however, a Landowner may only give such notice with respect to such portion of the Subject Property in which Landowner owns an interest.

Section 3.2. Annual Compliance Review. City shall review this Agreement once during every twelve (12) month period following the Effective Date for compliance with the terms of this Agreement as provided in Government Code section 65865.1. Developer shall pay City a reasonable fee in an amount City may reasonably establish from time to time to cover the actual and necessary costs for the annual review. City’s failure to timely provide or conduct an annual review shall not constitute a Default hereunder by City.

During each annual review by City, Developer is required to demonstrate good faith compliance with the terms of the Agreement. Developer agrees to furnish such evidence of good faith compliance as City, in the reasonable exercise of its discretion, may require, upon thirty (30) days prior written notice from the City.
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Such periodic review shall be conducted by the Director and shall be limited in scope to compliance with the terms of this Agreement pursuant to California Government Code section 65865.1. If the Director finds that Developer has so complied, the annual review shall be concluded.

If the Director finds that the Developer has not complied, the City Council of City shall conduct a duly noticed hearing and shall determine, on the basis of substantial evidence, whether or not Developer has, for the period under review, complied with the terms of this Agreement. If the City Council finds that Landowner has so complied, the annual review shall be concluded. If the City Council finds, on the basis of substantial evidence, that Developer has not so complied, written notice shall be sent to Developer by first class mail of the City Council’s finding of noncompliance, and Developer shall be given at least ten (10) days to cure any noncompliance that relates to the payment of money and thirty (30) days to cure any other type of noncompliance. If a cure not relating to the payment of money cannot be completed within thirty (30) days for reasons which are beyond the control of Developer, Developer must commence the cure within such thirty (30) days and diligently pursue such cure to completion. If Landowner fails to cure such noncompliance within the time(s) set forth above, such failure shall be considered to be a Default and City shall be entitled to exercise the remedies set forth in this Article 3.

The annual review procedures set forth in this Section 3.2 shall not be the exclusive means for City to identify a Default by Landowner or limit City’s rights or remedies for any such Default.

Section 3.3. Developer Default Limited to Property/Entity; Separate Obligations of Owners. Except as specified herein in Section 3.1, no default hereunder in performance of a covenant or obligation with respect to a particular portion of the Subject Property shall constitute a default applicable to any other portion of the Subject Property, and any remedy arising by reason of such default shall be applicable solely to the portion of Subject Property where the default has occurred. Similarly, the obligations of the Developer and Landowners shall be severable and no default hereunder in performance of a covenant or obligation by any one of them shall constitute a default applicable to any other owner who is not affiliated with such defaulting owner, and any remedy arising by reason of such default shall be solely applicable to the defaulting owner and the portion of the Subject Property owned thereby.

Section 3.4. Default by City. In the event City does not accept, review, approve or issue necessary development permits or entitlements for use in a timely fashion as defined by this Agreement, or as otherwise provided in this Agreement, or the City otherwise defaults under the terms of this Agreement, Developer and/or Landowner may give written notice thereof to the City and if not cured within sixty (60) days following receipt of such notice, Developer shall have all rights and remedies provided herein or under applicable law, including without limitation the right to pursue actions for mandamus, specific performance, or injunctive or declaratory relief to enforce this Agreement. Notwithstanding the foregoing sentence, the City, Developer and Landowner each waives any and all rights to seek monetary damages from any other party as a result of any breach or alleged breach of such other party's obligations hereunder. In the event City is in default under the terms of this Agreement, any resulting delays in Developer’s performance caused thereby shall not constitute grounds for termination or cancellation of this Agreement. 102
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Section 3.5. Cumulative Remedies of Parties/Waiver of Right to Damages. In addition to any other rights or remedies, City, Developer and any Landowner may institute legal or equitable proceedings to cure, correct or remedy any default, to specifically enforce any covenant or agreement herein, to enjoin any threatened or attempted violation of the provisions of this Agreement. Notwithstanding the foregoing sentence, the City, Developer and Landowner each waives any and all rights to seek monetary damages from the other party as a result of any breach or alleged breach of such other party's obligations hereunder.

Section 3.6. Enforced Delay, Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by either party or Landowner hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, State or federal laws, regulations, decisions or orders which conflict with this Agreement, or judicial or other governmental agency decisions or orders, directing the City, or which have the effect of requiring the City, to take actions or refrain from taking actions which conflict with the obligations under this Agreement. Any and all extensions of the time of performance shall be limited to thirty-six (36) months. This section 3.6 shall not apply to the twenty-four (24) month term within which this Agreement is required to take effect.

ARTICLE 4

TERMINATION
Section 4.1. Termination Upon Completion of Development. This Agreement shall terminate upon the expiration of the term or when the Subject Property has been fully developed and all of the Developer's obligations in connection therewith are satisfied. Upon termination of this Agreement, the City shall record a notice of such termination in substantially the form attached hereto as Exhibit “F”. This Agreement shall automatically terminate and be of no further force or effect as to any single-family residence, any other residential dwelling unit(s), or any nonresidential building, and the lot or parcel upon which such residence or building is located, when it has been approved by the City for occupancy.

Section 4.2. Effect of Termination on Developer Obligations. Termination of this Agreement as to the Developer of the Subject Property or any portion thereof shall not affect any of the Developer's obligations to comply with the City general plan and the terms and conditions of any applicable zoning, or subdivision map or other land use entitlements approved with respect to the Subject Property, any other covenants or any other development requirements specified in this Agreement to continue after the termination of this Agreement, or obligations to pay assessments, in lieu contributions, liens, fees, or taxes.

Section 4.3. Effect of Termination on City. Upon any termination of this Agreement, as provided for under the terms and conditions of this Agreement, as to the Developer of the Subject Property, or any portion thereof, the entitlements, conditions of development, limitations on fees and all other terms and conditions of this Agreement shall no longer be vested hereby with respect to the Subject Property affected by such termination (provided vesting of entitlements, conditions or fees applicable to the Subject Property shall be governed by planning and zoning law) and the 103
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City shall no longer be limited, by this Agreement, to make any changes or modifications to such entitlements, conditions or fees applicable to such property.

ARTICLE 5

STANDARD TERMS AND CONDITIONS
Section 5.1. Venue. Venue for all legal proceedings shall be in the Superior Court for the County of Merced.

Section 5.2. Waiver. A waiver by any party of any breach of any term, covenant or condition herein contained or a waiver of any right or remedy of such party available hereunder at law or in equity shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained or of any continued or subsequent right to the same right or remedy. No party shall be deemed to have made any such waiver unless it is in writing and signed by the party so waiving.

Section 5.3. Completeness of Instrument. This Agreement, together with its specific references and attachments, constitutes all of the agreements, understandings, representations, conditions, warranties and covenants made by and between the parties hereto. Unless set forth herein, neither party shall be liable for any representations made express or implied.

Section 5.4. Supersedes Prior Agreements. It is the intention of the parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, representations or agreements, written or oral, between the parties hereto.

Section 5.5. Captions. The captions of this Agreement are for convenience in reference only and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement.

Section 5.6. Number and Gender. In this Agreement, the neuter gender includes the feminine and masculine, and the singular includes the plural, the word “person” includes corporations, partnerships, firms or associations, wherever the context so requires.

Section 5.7. Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” is permissive.

Section 5.8. Term Includes Extensions. All references to the term of this Agreement or the Agreement Term shall include any extensions of such term.

Section 5.9. Successors and Assigns. All representations, covenants and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of any or all of the parties hereto, shall be binding upon and inure to the benefit of such party, its successors and assigns.

Section 5.10. Modification. No modification or waiver of any provisions of this 104
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Agreement or its attachments shall be effective unless such waiver or modification is in writing, signed by all parties, and then shall be effective only for the period and on the condition, and for the specific instance for which given.

Section 5.11. Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Section 5.12. Other Documents. The parties agree that they shall cooperate in good faith to accomplish the object of this Agreement and to that end, agree to execute and deliver such other and further instruments and documents as may be necessary and convenient to the fulfillment of these purposes.

Section 5.13. Partial Invalidity. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provision and/or provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

Section 5.14. Controlling Law. The validity, interpretation and performance of this Agreement shall be controlled by and construed under the laws of the State of California.

Section 5.15. Time Is of the Essence. Time is of the essence of this Agreement and each covenant and term a condition herein.

Section 5.16. Authority. All parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles and capacities herein stated and on behalf of any entities, persons, estates or firms represented or purported to be represented by such entity(s), person(s), estate(s) or firm(s) and that all formal requirements necessary or required by any state and/or federal law in order to enter into this Agreement have been fully complied with. Further, by entering into this Agreement, neither party hereto shall have breached the terms or conditions of any other contract or agreement to which such party is obligated, which such breach would have a material effect hereon.

Section 5.17. Document Preparation. This Agreement will not be construed against the party preparing it, but will be construed as if prepared by all parties.

Section 5.18. Advice of Legal Counsel. Each party acknowledges that it has reviewed this agreement with its own legal counsel, and based up on the advice of that counsel, and freely entered into this Agreement.

Section 5.19. Estoppel Certificate. Within thirty (30) days following any written request which either party may make from time to time, and upon payment of a fee to the City to reimburse the City for its reasonable expenses associated herewith, the other party to this Agreement shall execute and deliver to the requesting party a statement certifying that:
(a) this Agreement is unmodified and in full force and effect, or if there have been 105
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modifications hereto, that this Agreement is in full force and effect as modified and stating the date and nature of such modifications; and
(b) there are not current uncured defaults under this Agreement or specifying the date, nature of any default and manner of cure.

This certificate may be executed by the City Manager, or his or her designee.

Section 5.20. Attorneys Fees and Costs. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs, which may be set by the Court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such party may be entitled.

Section 5.21. Consent/Subordination. Unless waived in writing by the City Attorney, Developer shall furnish proof satisfactory to the City, prior to approval of the Agreement, that all persons possessing a legal interest in the property have consented to the recording of this Agreement. Unless waived in writing by the City Attorney, the City shall require subordination by all lenders of record as a condition precedent to the City approval of the Agreement. The City shall have no duty to subordinate its interest in this Agreement. ///
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IN WITNESS WHEREOF, this Agreement was executed by the parties thereto on the dates set forth below.

CITY OF LOS BANOS
a municipal corporation
By:___________________________ Dated_________________________ Michael Amabile
Mayor
ATTEST:
______________________________ Dated_________________________ Lucille L. Mallonee
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City Clerk
APPROVED AS TO FORM:
______________________________ Dated_________________________ Mary F. Lerner
City Attorney

DEVELOPER
By:____________________________ Dated:______________________ Arthur W. Dunkley, Co-Trustee of the
Arthur W. and Anne L. Dunkley Marital
Property Trust UTD 12/4/87
By:____________________________ Dated_________________________ Anne L. Dunkley, Co-Trustee of the
Arthur W. and Anne L. Dunkley Marital
Property Trust UTD 12/4/87
By:____________________________ Dated_________________________ Rosalyn M. Simon, Trustee of the
Rosalyn M. Simon Revocable Trust
UTD 10/24/06

SIGNATURES MUST BE NOTARIZED
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ACKNOWLEDGMENT
State of California )
)
County of _________ )
On ___________ ___, 20__, before me, _____________________________, a Notary Public, personally appeared ____________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature______________________________
[SEAL]
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature______________________________
[SEAL]
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature______________________________
[SEAL]
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

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

LEGAL DESCRIPTION/SUBJECT PROPERTY

THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF LOS BANOS, COUNTY OF MERCED, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

PARCEL A OF THAT CERTAIN PARCEL MAP MS 2004-03, FILED FOR RECORD MAY 11, 2005 IN BOOK 99 OF PARCEL MAPS, AT PAGES 11 AND 12, MERCED COUNTY RECORDS.

END DESCRIPTION
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EXHIBIT “B”

SITE MAP
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EXHIBIT “C”

SPECIAL CONDITIONS AND REQUIREMENTS

1. Participation in a Community Facilities District. Prior to the recordation of a Final Map the Developer shall form or annex the Subject Property to a community facilities district created for the purposes of funding public safety, as authorized by Government Code section 53313(a) and (b). The form, terms and conditions and the tax rate for the formation of the Mello-Roos district, or in the alternative the annexation of the Subject Property to an existing district, shall be as approved by the City Council, as determined in its sole and exclusive discretion. District formation or annexation shall be at the sole cost of the Developer.

2. Participation in a Lighting and Landscaping District. Prior to approval of any final or parcel map, the Developer shall form or annex the Subject Property to a Lighting and Landscaping District created for purposes of maintaining public landscape areas, signage and public lighting including a share of traffic signal maintenance costs as authorized pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, and Article XIIID of the California Constitution. The form, terms and conditions and the tax rate for the formation of the Lighting and Landscaping District, or in the alternative the annexation of the Subject Property to an existing district, shall be as approved by the City Council, as determined in its sole and exclusive discretion. It is the intent of the parties that the assessment of the Subject Property will be apportioned to each parcel in proportion to the special benefit it receives. District formation or annexation shall be at the sole cost of the Developer. 114
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EXHIBIT “D”
VTTM 2024-02 AND CONDITIONS OF APPROVAL
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EXHIBIT “E”
FDP 2024-01 AND CONDITIONS OF APPROVAL
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EXHIBIT “F”
[SAMPLE FORM]

ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (hereinafter “this Agreement”) is entered into this ______day of ________, 20__, by and between __________________________________________________ (hereinafter called “Owner”) and, (hereinafter “Assignee”).

RECITALS
A. On ____________, 20__, the City of Los Banos and Owner entered into that certain agreement entitled “Development Agreement,” approved by Ordinance ________ (hereinafter “Agreement”), relative to the development known as the _____________________________ (hereinafter “Subject Property”).

B. Owner entered into a purchase and sale agreement whereby a portion of the Subject Property will be sold to Assignee, which portion of the Subject Property is identified and described in Exhibit “A,” attached hereto and incorporated herein by this reference (hereinafter the “Assigned Parcel(s)”).

C. Owner desires to assign all of its interests, rights and obligations under the Agreement with respect to the Assigned Parcel(s).

D. Assignee desires to assume all Owner's rights and obligations under the Agreement with respect to the Assigned Parcel(s).

NOW, THEREFORE, Owner and Assignee hereby agree as follows:

1. Owner hereby assigns, effective as of Owner's conveyance of the Assigned Parcel(s) to Assignee, all of the rights, interest, burdens and obligations of Owner under the Agreement with respect to the Assigned Parcel(s). Owner retains all the rights, interest, burdens and obligations under the Agreement with respect to all other property within the Subject Property owned thereby.

2. Assignee hereby assumes all of the burdens and obligations of Owner under the Agreement, and agrees to observe and fully perform all of the duties and obligations of Owner under the Agreement, and to be subject to all the terms and conditions thereof, with respect to the Assigned Parcel(s), it being the express intention of both Owner and Assignee that, upon the execution of this Agreement and conveyance of the Assigned Parcel(s) to Assignee, Assignee shall be come substituted for Owner as the “Developer” under the Agreement with respect to the Assigned Parcel(s).
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3. All of the covenants, terms, and conditions set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the day and year first above written.

ASSIGNOR / OWNER
By:_____________________
By:_____________________

ASSIGNEE
By:_____________________
By:_____________________

SIGNATURES MUST BE NOTARIZED
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EXHIBIT “G”
[SAMPLE FORM]

NOTICE OF TERMINATION
THIS NOTICE OF TERMINATION (hereinafter “this Notice”) is given this day of____________, 20__, by the City of Los Banos (hereinafter called “City”) for the benefit of ________________________________________, (hereinafter “Owner”).

1. On___________, 20__, the City of Los Banos and ________________ entered into that certain agreement entitled “Development Agreement,” approved by Ordinance_____________ (hereinafter “Agreement”), relative to the development known as the ________________ (hereinafter “Subject Property”).

2. Owner has fully performed all its duties with respect to that portion of the Subject Property, which portion of the Subject Property is identified and described in Exhibit “A,” attached hereto and incorporated herein by this reference (hereinafter the “Released Property”).

3. Pursuant to Section of the Development Agreement, the Development Agreement is no longer in effect with respect to the Released Property.

CITY OF LOS BANOS
By: _____________________________
City Manager or Designee

SIGNATURES MUST BE NOTARIZED
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THIS PAGE IS INTENTIONALLY LEFT BLANK
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FINAL

DEVELOPMENT PLAN
Los Banos, CA
JULY 2025
Village VI
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Owner/Applicant:

Arthur W & Anne L Dunkley Marital Property Trust
&
Rosalyn M Simon Revocable Trust
239 Main Street, Suite E
Pleasanton, CA 94566
925.846.7003
Engineering/Surveying/Planning/Landscape Architecture
Westwood Professional Services
1165 Scenic Drive, Suite A
Modesto, CA 95350
209.571.1765
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Westvvood
JULY 2025 P/ 2

VILLAGES VI RESIDENTIAL DEVELOPMENT
Applicant ........................................................................................................................................................1 Table of Contents ........................................................................................................................................2 Introduction/Project Description.........................................................................................................3 Purpose of This Document...............................................................................................3 Landscape Summary .......................................................................................................3 Exhibits ...........................................................................................................................................................4 Aerial Photo......................................................................................................................4 Existing Site Photos.........................................................................................................5 Proposed Conceptual Layout...........................................................................................6 Typical Lot Layout Plans.................................................................................................7 Proposed Circulation Plan...............................................................................................8 Proposed Fencing Plan.....................................................................................................9 Street Sections ...............................................................................................................10 Landscape Description ..................................................................................................11 Typical Lot-Conceptual Planting Plans.........................................................................12 Typical Lot- Conceptual Planting Legend.....................................................................13 Site Features ..................................................................................................................14 Architecture: Building 1A..............................................................................................15 Architecture: Building 1B..............................................................................................16 Architecture: Building 1C..............................................................................................17 Architecture: Building 2A..............................................................................................18 Architecture: Building 2B..............................................................................................19 Architecture: Building 2C..............................................................................................20 Grading & Utilities.........................................................................................................21 123
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VILLAGES VI RESIDENTIAL DEVELOPMENT

INTENT OF THIS DOCUMENT
The Villages VI Final Development Plan (FDP) details the planning, infrastructure, and design of a future low density residential community in the City of Los Banos. Villages VI will offer residents comfort of single family living with access to park open space. The units will be 3-bedroom, one or two-story homes, 1,789 sf and 2,186 sf respectively, each equipped with two car garages for parking.

A total of 26 single family units will be developed at approximately 3.25 dwelling units per net acre (du/ac). The Villages VI FDP contains sample architectural products illustrated with color renderings and elevation views.

LANDSCAPE SUMMARY
Official installation and maintenance guidance documents of landscape materials are provided in the approved site or landscape plan on file in the planning department. All landscapes must be installed as delineated on the plan prior to the issuance of certificates of occupancy. The developer, successors, and assigns are responsible for adhering to the aforementioned site or landscape plan.

Irrigation application methods used within Villages VI will address needs of all plant water needs while conserving water and minimizing run-off. All irrigation systems will meet the State Model Water Efficient Landscape Ordinance and follow City of Los Banos Municipal Code standards.

Master Street Tree List
A Master Street Tree List and General Use Tree List were developed in conjunction with the City of Los Banos Master Tree List for this project. The Master Street Tree List will guide all tree planting along public street frontages, but can also be used as a palette for other landscape areas. A variety of trees will be planted throughout the project area.

Light Fixtures
Overhead light fixtures will be 18’-0” tall LED post and match subdivisions adjacent to the project. Light fixture locations shall be coordinated with the landscape plans to avoid conflict with tree canopies.

Surface Materials
Two standard surface materials will be used within the project. Sidewalks will be poured concrete per City of Los Banos standards. All street surfaces will be standard asphalt pavement.

Fences And Walls
Fences and walls will be consistent with the shown typology. A 6 foot high masonry wall will be located along the southern portion of the property along Cardoza Road and shall match the existing wall. All single family homes shall receive wood fencing along front, side and rear yards.
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LEGEND

REFERENCE MAP
FDP Boundary
JULY 2025 P/ 4

VILLAGES VI RESIDENTIAL DEVELOPMENT
Photo Location
AERIAL
PHOTO
1 5
1 2
7 4
6 3
125
7 L _J
■
LEGEND

REFERENCE MAP
FDP Boundary
JULY 2025 P/ 5

VILLAGES VI RESIDENTIAL DEVELOPMENT
Photo Location

EXISTING
SITE
PHOTOS
1 7 4 1
5 2
6 3
126
■ 7
L _J
■
■
LEGEND

REFERENCE MAP
JULY 2025 P/ 6

VILLAGES VI RESIDENTIAL DEVELOPMENT
FDP Boundary

PROPOSED

CONCEPTUAL
LAYOUT

PARKING DRIVE

SNOW GOOSE ROAD

CITY PARK

PACIFIC DRIVE

CARDOZA ROAD

RYEGRASS WAY

DOCK AVENUE
127
(
/" ------,--- ---r--
---
I
_________,-
~
.----1----
7 L _J
.J--"

VILLAGES VI
JULY 2025 P/ 7

RESIDENTIAL DEVELOPMENT

REFERENCE MAP

TYPICAL LOT
LAYOUT
PLANS
0 10 20
SCALE: 1" = 20'
0 10 20
SCALE: 1" = 20'

TYPICAL INTERIOR LOT TYPICAL CORNER LOT
128

42.00'

BACK YARD BACK YARD

20. 7'
I
I
--
, _.. I •
i~ j :

G. LIP
·O -----
... -r-' 1.-0 •
. ····. ?.
. .. .. ()...
. : L---- ••
· .. ---- ':)2.10' • y- . . . . 0-- r
y- .---c'~~;;?"
---:'.'.~~~---- ~~~~::.~
7 L _J
LEGEND

REFERENCE MAP
FDP Boundary
JULY 2025 P/ 8

VILLAGES VI RESIDENTIAL DEVELOPMENT
Arterial
Internal Drive Way

PROPOSED

CIRCULATION
PLAN

PACIFIC DRIVE

CARDOZA ROAD

RYEGRASS WAY

DOCK AVENUE
Pedestrian Access
129
7 L _J
---
LEGEND

REFERENCE MAP
FDP Boundary
JULY 2025 P/ 9

VILLAGES VI RESIDENTIAL DEVELOPMENT

PROPOSED

FENCING
PLAN

PACIFIC DRIVE

CARDOZA ROAD

RYEGRASS WAY

DOCK AVENUE
6’ High Masonry (CMU
or approved equal) Wall
(subject to noise study)
8’ High Masonry (CMU
or approved equal) Wall
(subject to noise study)
3’ High Masonry (CMU
or approved equal) Wall
(subject to noise study)
5’-6’ High Wood Fence
(Front, Side, Rear Yard)
130
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VILLAGES VI
JULY 2025 P/ 10

RESIDENTIAL DEVELOPMENT

REFERENCE MAP
STREET

SECTIONS

1. Typical 52’ Right of Way Section

2. 100’ Right of Way Section
131
58' RIGHT OF WAY
36'
10'
PUE
TYPICAL 58' RIGHT OF WAY SECTION (INTERIOR STREETS)
R/W
5'
BIKE
LANE
100' RIGHT OF WAY SECTION (CARDOZA ROAD)
1 oo· RIGHT OF WAY
6'
12'
BIKE
LANE

NOT TO SCALE

NOT TO SCALE
7 L _J

REFERENCE MAP
JULY 2025 P/ 11

VILLAGES VI RESIDENTIAL DEVELOPMENT
Potential
Plant Species Common Name Scientific Name Size Water Use Shrubs Glossy Abelia Abelia grandiflora 5 gal Moderate
Dwarf Pink Breath of Heaven Coleonema pulchrum 5 gal Moderate Fortnight Lily Dietes vegeta 1 gal Low
Cranberry Baby DayLily Hemerocallis x ‘Cranberry Baby’ 1 gal Moderate Bright ‘N Tight Carolina Tight Prunus Caroliniana ‘Bright ‘N Tight’ 5 gal Low Little Ollie Dwarf Olive Olea europaea ‘Little Ollie’ 5 gal Low African Trailing Daisy Osteospermum fruticosum 1 gal Low Hot Lips Salvia Salvia microphylla ‘Hot Lips’ 5 gal Low Groundcovers / Turf Rosemary Rosmarinus officinalis ‘Irene’ 1 gal Low Bermuda Sod Seed/Sod High
Vines Cat’s Claw Vine Macfadyena unguis-cati 1 gal Low
General Use Trees Common Name Scientific Name Size Water Use Strawberry Tree Arbutus unedo ‘Marina’ 24” box Low
Dwarf Cypress Cupressus sempervirens ‘Compacta’ 15 gal Moderate Bloodgood London Plane Tree Platanus X acerifolia ‘Bloodgood’ 24” box Moderate American linden Tilia x euchlora ‘Redmond’ 24” box Moderate Plant selections for all project uses will be
native or adapted species well suited to the
climate of the project area, which sits on the
border of Sunset Western Garden Climate
Zones 8-9. The minimum plant stock sizes
used for landscape installations will be:
-Street Trees -15 gallon
-Shrubs - 1 & 5 gallon
-Groundcover - 1 gallon
All plant stock will be nursery grown, conform
to national nursery standards, and be free
of harmful insects. Planting design will
follow City of Los Banos standards; specific
selections and locations of species will be
determined at the landscape improvement
plan stage. However, a sample list of suitable
plants that will potentially be used in the
project landscapes can be found to the left.

Arbutus unedo ‘Marina’
Callistemon viminalis ‘Little John’ Salvia microphylla ‘Hot Lips’ Tilia x euchlora ‘Redmond’ Platanus X acerifolia ‘Bloodgood’ Hermerocallis x ‘Cranberry Baby’
Olea europaea ‘Little Ollie” Prunus Caroliniana ‘Bright ‘N Tight’ Rosmarinus officinalis ‘Irene’ Macfadyena unguis-cati Dietes vegeta
Cupressus sempervirens ‘Compacta’
Abelia grandiflora
Osteospermum fruticosum

LANDSCAPE

DESCRIPTION
132
7 L _J
-

VILLAGES VI
JULY 2025 P/ 12

RESIDENTIAL DEVELOPMENT

REFERENCE MAP
TYPICAL LOTCONCEPTUAL

PLANTING
PLANS
0 10 20
SCALE: 1" = 20'
0 10 20
SCALE: 1" = 20'

TYPICAL INTERIOR LOT - FRONT YARD TYPICAL CORNER LOT - FRONT YARD 133
ROOT BARRIER {TYP.)

BACK YARD
HP ,,,__- X --............
~ ..--------,
1:
~:

I
..... · ,•, ," ..

AREA DRAIN {TYP.)
7 BACK YARD L _J
HP ,,,__- X --............

AREA DRAIN (TYP.)
l
ROOT BARRIER (TYP.)

VILLAGES VI
JULY 2025 P/ 13

RESIDENTIAL DEVELOPMENT

REFERENCE MAP

TYPICAL LOT

CONCEPTUAL

PLANTING
LEGEND

PLANT SCHEDULE
134
7 SYMBOL BOTANICAL NAME COMMON NAME SIZE WATER USE TRUNK CALIPER MISC. NOTES STREET TREES L _J
0 PLATANUS X ACERIFOLIA 'BLOODGOOD' BLOODGOOD LONDON PLANE TREE 24" BOX MODERATE 1" MIN. DECIDUOUS TILIA X EUCHLORA 'REDMOND' AMERICAN LINDEN 24" BOX MODERATE 1" MIN. DECIDUOUS

LOT TREES
0 ARBUTUS UNEDO 'MARINA' STRAWBERRY TREE 15 GAL LOW 3/4" MIN. EVERGREEN CUPRESSUS SEMPERVIRENS 'COMPACTA' DWARF CYPRESS 15 GAL MODERATE 3/4" MIN. EVERGREEN ---- ROOT BARRIER - (DEEP ROOT UB-18-2)
SHRUBS
ABELIA GRANDIFLORA GLOSSY ABELIA 5 GAL MODERATE EVERGREEN COLEONEMA PULCHRUM DWARF PINK BREATH OF HEAVEN 5 GAL MODERATE EVERGREEN DIETES VEGETA FORTNIGHT LILY 1 GAL LOW PERENNIAL
® ® E9
HEMEROCALLIS X 'CRANBERRY BABY' CRANBERRY BABY DAYLILY 1 GAL MODERATE PERENNIAL PRUNUS CAROLINIANA 'BRIGHT 'N TIGHT' BRIGHT 'N TIGHT CAROLINA TIGHT 5 GAL LOW EVERGREEN OLEA EU ROPAEA 'LITTLE OLLIE' LITTLE OLLIE DWARF OLIVE 5 GAL LOW EVERGREEN OSTEOSPERMUM FRUTICOSUM AFRICAN TRAILING DAISY 1 GAL LOW EVERGREEN SALVIA MICROPHYLLA 'HOT LIPS' HOT LIPS SALVIA 5 GAL LOW PERENNIAL VINES
... MACFADYENA UNGUIS-CATI CAT'S CLAW VINE 1 GAL LOW EVERGREEN

GROUNDCOVER
® ROSMARINUS OFFICINALIS 'IRENE' ROSEMARY 5 GAL MODERATE EVERGREEN GRASS
!'.? ,; ; '\>:'.,,\));.:···•f< ::.:;.:'.:) .. :0;',}'.\': BERMUDA SOD SEED/SOD HIGH JULY 2025 P/ 14

VILLAGES VI RESIDENTIAL DEVELOPMENT
Optional Decorative Park Furnishing Landscaped Pathways Decorative Privacy Wall Standard Brushed Concrete Walks Asphalt Pavement Streets Decorative Street Lighting SITE

FEATURES

EXAMPLES OF SITE FEATURES
Wood Fencing
135
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VILLAGES VI
JULY 2025 P/ 15

RESIDENTIAL DEVELOPMENT

REFERENCE MAP
ARCHITECTURE:

BUILDING 1A
The Villages VI homes will consist of
Traditional, Cottage, Ranch, Craftsman
an Farmhouse style architecture to
choose from. The home designs provide
the option of a three bedroom, two bath
single story or a three bedroom, two
bat two story with a community park
within walking distance. Each plan has a
Master bedroom with en-suite bathroom
and large walk in closet along with a
flex space which can be designated as an
office, a study or a fourth bedroom. The
homes will feature high quality materials,
finishes and fixtures. Each home will
be equipped with an attached two-car
garage, a solar system and a designated
electric vehicle charging outlet. These
affordable home designs are perfect for a
first time buyer, someone looking to move
up or even someone looking to downsize.

FLOOR PLAN - SINGLE STORY
1789 SF
MASTER
14'-10"x14'-6"
BEDROOM 2 11'-2"x10'-6"
BEDROOM 3 11'-2"x10'-6"
GARAGE
20'-8"x22'
PORCH
FLEX 10'-8"x10'-10"
LAUN

WALK-IN
BATH
BATH
MASTER
LIVING RM 15'x16'-2" Vaulted Ceiling
DINING RM 14'x9' Vaulted Ceiling

KITCHEN
PATIO
PAN
REF
W
D
FOYER

LEFT SIDE ELEVATION

RIOR ELEVATIONS

RANCH STYLE

EXTERIOR ELEVATIONS

RANCH STYLE

EXTERIOR ELEVATIONS

RANCH STYLE

EXTERIOR ELEVATIONS

RANCH STYLE

RIGHT SIDE ELEVATION

REAR ELEVATION

FRONT ELEVATION

FLOOR PLAN-SINGLE STORY
EXTERIOR COLOR PALLETE:

Roofing: Eagle Roofing Products: *4687 Brown Gray Range Body: Sherwin Williams - Rare Gray *SW6199
Trim: Sherwin Williams - Casa Blanca *SW751
Accent: Sherwin Williams - Pewter Green *SW6208
Stone Veneer: El Dorado Stone - Castaway
Exterior finishes shall be standard wood frame with stucco or siding with composite or tile roof.
136
7 L _J
TCl' (( ll)'.)l" (W:l'JIJ.)
·'·' ·'· ,.,_
0] [D
■ ■
ID' /fi ~CMRl.ll)
8 IEB0 8 B OJ

VILLAGES VI
JULY 2025 P/ 16

RESIDENTIAL DEVELOPMENT

REFERENCE MAP
ARCHITECTURE:

BUILDING 1B
The Villages VI homes will consist of
Traditional, Cottage, Ranch, Craftsman
an Farmhouse style architecture to
choose from. The home designs provide
the option of a three bedroom, two bath
single story or a three bedroom, two
bat two story with a community park
within walking distance. Each plan has a
Master bedroom with en-suite bathroom
and large walk in closet along with a
flex space which can be designated as an
office, a study or a fourth bedroom. The
homes will feature high quality materials,
finishes and fixtures. Each home will
be equipped with an attached two-car
garage, a solar system and a designated
electric vehicle charging outlet. These
affordable home designs are perfect for a
first time buyer, someone looking to move
up or even someone looking to downsize.

FLOOR PLAN - SINGLE STORY
1789 SF
MASTER
14'-10"x14'-6"
BEDROOM 2 11'-2"x10'-6"
BEDROOM 3 11'-2"x10'-6"
GARAGE
20'-8"x22'
PORCH
FLEX 10'-8"x10'-10"
LAUN

WALK-IN
BATH
BATH
MASTER
LIVING RM 15'x16'-2" Vaulted Ceiling
DINING RM 14'x9' Vaulted Ceiling

KITCHEN
PATIO
PAN
REF
W
D
FOYER

LEFT SIDE ELEVATION

RIOR ELEVATIONS

TRADITIONAL

EXTERIOR ELEVATIONS

TRADITIONAL

EXTERIOR ELEVATIONS

TRADITIONAL EXTERIOR ELEVATIONS

TRADITIONAL

RIGHT SIDE ELEVATION

REAR ELEVATION

FRONT ELEVATION

FLOOR PLAN-SINGLE STORY
EXTERIOR COLOR PALLETE:

Roofing: Eagle Roofing Products: *4687 Brown Gray Range Body: Sherwin Williams - Softer Tan *SW6141
Trim: Sherwin Williams - Foothills *SW7514
Accent: Sherwin Williams - Dark Room *SW7083
Exterior finishes shall be standard wood frame with stucco or siding with composite or tile roof.
137
7 L _J
TW C# PO:Jf (o.£1</,1.l_)
[I] DJ
■ ■
TW C#IIOOF (0¥£1!'ti)
,•,•, ,,,,,,,
~ EB?EB I,

VILLAGES VI
JULY 2025 P/ 17

RESIDENTIAL DEVELOPMENT

REFERENCE MAP
ARCHITECTURE:

BUILDING 1C

FLOOR PLAN - SINGLE STORY
1789 SF
MASTER
14'-10"x14'-6"
BEDROOM 2 11'-2"x10'-6"
BEDROOM 3 11'-2"x10'-6"
GARAGE
20'-8"x22'
PORCH
FLEX 10'-8"x10'-10"
LAUN

WALK-IN
BATH
BATH
MASTER
LIVING RM 15'x16'-2" Vaulted Ceiling
DINING RM 14'x9' Vaulted Ceiling

KITCHEN
PATIO
PAN
REF
W
D
FOYER

LEFT SIDE ELEVATION

RIOR ELEVATIONS

FARMHOUSE

EXTERIOR ELEVATIONS

FARMHOUSE

EXTERIOR ELEVATIONS

TRADITIONAL

EXTERIOR ELEVATIONS

TRADITIONAL

RIGHT SIDE ELEVATION

REAR ELEVATION

FRONT ELEVATION

FLOOR PLAN-SINGLE STORY
The Villages VI homes will consist of
Traditional, Cottage, Ranch, Craftsman
an Farmhouse style architecture to
choose from. The home designs provide
the option of a three bedroom, two bath
single story or a three bedroom, two
bat two story with a community park
within walking distance. Each plan has a
Master bedroom with en-suite bathroom
and large walk in closet along with a
flex space which can be designated as an
office, a study or a fourth bedroom. The
homes will feature high quality materials,
finishes and fixtures. Each home will
be equipped with an attached two-car
garage, a solar system and a designated
electric vehicle charging outlet. These
affordable home designs are perfect for a
first time buyer, someone looking to move
up or even someone looking to downsize.

EXTERIOR COLOR PALLETE:

Roofing: Eagle Roofing Products: *4687 Brown Gray Range Body: Sherwin Williams - Dover White *SW385
Trim: Sherwin Williams - Gateway Gray *SW6385
Accent: Sherwin Williams - Mediterranean *SW7617
Exterior finishes shall be standard wood frame with stucco or siding with composite or tile roof.
138
7 L _J
TCl' (( ll(X)f (W:l'JIJ.)
[I] [I]
■ ■
W 'X IIOOF(W:l!'ti)
ID' /fi ~CMRl.ll) ,•,•, •,•,•,
I',',', ,',',',', ',',',',',',', ',',',',',' ,', ',',',',',' ,',',',',',' ',',',',',',' ,',',',',',',', ',',',',',',',',' ',',',',',',' ,',',',',',',', ',',',',',',', ',',',",',' ',',',',' ',',,',',',', ,',',',',',',' ! ·~ i ~
II I B E3 OJ II I
II I
-,~ .

VILLAGES VI
JULY 2025 P/ 18

RESIDENTIAL DEVELOPMENT

REFERENCE MAP
ARCHITECTURE:

BUILDING 2AFLOOR PLAN - TWO STORY
2186 SF
MASTER
15'-9"X13'-9"
LAUN
LIVING RM 16'x16' Cathedral Ceiling
DINING RM 14'x13'
Cathedral Ceiling KITCHEN BATH
MASTER
BEDROOM 2 12'-9"x12'-8"
BEDROOM 3 11'x12'

OPEN TO
BELOW
HALL

WALK-IN
BATH
DN
GARAGE
20'-8"x22'
PORCH
FLEX
11'x10'-8"
FOYER
UP
W D

STOR PWDR
REF
PAN

EXTERIOR ELEVATIONS

FRONT ELEVATION

CRAFTSMAN
SECOND STORY FLOOR PLANTWO STORY

EXTERIOR ELEVATIONS

CRAFTSMAN

EXTERIOR ELEVATIONS

CRAFTSMAN

LEVATIONS
TSMAN

FLOOR PLAN - TWO STORY
2186 SF
LAUN
LIVING RM 16'x16' Cathedral Ceiling
DINING RM 14'x13'

KITCHEN
GARAGE
20'-8"x22'
PORCH
FLEX
11'x10'-8"
FOYER
UP
W D

STOR PWDR
REF
PAN

FIRST STORY FLOOR PLAN-TWO
STORY

REAR ELEVATION

LEFT ELEVATION RIGHT ELEVATION
The Villages VI homes will consist of
Traditional, Cottage, Ranch, Craftsman
an Farmhouse style architecture to
choose from. The home designs provide
the option of a three bedroom, two bath
single story or a three bedroom, two
bat two story with a community park
within walking distance. Each plan has a
Master bedroom with en-suite bathroom
and large walk in closet along with a
flex space which can be designated as an
office, a study or a fourth bedroom. The
homes will feature high quality materials,
finishes and fixtures. Each home will
be equipped with an attached two-car
garage, a solar system and a designated
electric vehicle charging outlet. These
affordable home designs are perfect for a
first time buyer, someone looking to move
up or even someone looking to downsize.

EXTERIOR COLOR PALLETE:

Roofing: Eagle Roofing Products: #4687
Brown Gray Range
Body: Benjamin Moore - Monroe
Bisque #HC-26
Trim: Benjamin Moore - Monterey
White #HC27
Accent: Benjamin Moore - Cromwell
Gray #HC103
Stone Veneer: El Dorado Stone -
Alderwood
Exterior finishes shall be standard
wood frame with stucco or siding with
composite or tile roof.
139
7 L _J
Ii] □
TCl'Df~(CJ/EPIU) TIF l»-lill (M:ll.lll.)
E[8
E3 [I]
l[IIl]J

VILLAGES VI
JULY 2025 P/ 19

RESIDENTIAL DEVELOPMENT

REFERENCE MAP
ARCHITECTURE:

BUILDING 2B

FLOOR PLAN - TWO STORY
2186 SF
MASTER
15'-9"X13'-9"
LAUN
LIVING RM 16'x16' Cathedral Ceiling
DINING RM 14'x13'
Cathedral Ceiling KITCHEN BATH
MASTER
BEDROOM 2 12'-9"x12'-8"
BEDROOM 3 11'x12'

OPEN TO
BELOW
HALL

WALK-IN
BATH
DN
GARAGE
20'-8"x22'
PORCH
FLEX
11'x10'-8"
FOYER
UP
W D

STOR PWDR
REF
PAN

EXTERIOR ELEVATIONS

FRONT ELEVATION

TRADITIONAL
SECOND STORY FLOOR PLANTWO STORY

EXTERIOR ELEVATIONS

TRADITIONAL

EXTERIOR ELEVATIONS

TRADITIONAL

LEVATIONS
TIONAL

FLOOR PLAN - TWO STORY
2186 SF
LAUN
LIVING RM 16'x16' Cathedral Ceiling
DINING RM 14'x13'

KITCHEN
GARAGE
20'-8"x22'
PORCH
FLEX
11'x10'-8"
FOYER
UP
W D

STOR PWDR
REF
PAN

FIRST STORY FLOOR PLAN-TWO
STORY

REAR ELEVATION

EXTERIOR COLOR PALLETE:

Roofing: Eagle Roofing Products: #4687
Brown Gray Range
Body: Benjamin Moore - Revere Pewter
#HC-172
Trim: Benjamin Moore - Swiss Coffee
#OC-45
Accent: Benjamin Moore - Copley Gray
#HC-1-4
Exterior finishes shall be standard
wood frame with stucco or siding with
composite or tile roof.
140
7 L _J
Ii] Ii] □
TIJ' (J' Rlll (CIIE&'U)
rn
E3 El []
[I]

VILLAGES VI
JULY 2025 P/ 20

RESIDENTIAL DEVELOPMENT

REFERENCE MAP
ARCHITECTURE:

BUILDING 2C FLOOR PLAN - TWO STORY
2186 SF
MASTER
15'-9"X13'-9"
LAUN
LIVING RM 16'x16' Cathedral Ceiling
DINING RM 14'x13'
Cathedral Ceiling KITCHEN BATH
MASTER
BEDROOM 2 12'-9"x12'-8"
BEDROOM 3 11'x12'

OPEN TO
BELOW
HALL

WALK-IN
BATH
DN
GARAGE
20'-8"x22'
PORCH
FLEX
11'x10'-8"
FOYER
UP
W D

STOR PWDR
REF
PAN

EXTERIOR ELEVATIONS

FRONT ELEVATION

COTTAGE
SECOND STORY FLOOR PLANTWO STORY

EXTERIOR ELEVATIONS

COTTAGE

EXTERIOR ELEVATIONS

COTTAGE

LEVATIONS
TAGE

FLOOR PLAN - TWO STORY
2186 SF
LAUN
LIVING RM 16'x16' Cathedral Ceiling
DINING RM 14'x13'

KITCHEN
GARAGE
20'-8"x22'
PORCH
FLEX
11'x10'-8"
FOYER
UP
W D

STOR PWDR
REF
PAN

FIRST STORY FLOOR PLAN-TWO
STORY

REAR ELEVATION

EXTERIOR COLOR PALLETE:

Roofing: Eagle Roofing Products: #4687
Brown Gray Range
Body: Benjamin Moore - Carrington
Beige #HC-93
Trim: Benjamin Moore - China White
#OC-141
Accent: Benjamin Moore - Lucerne
#AF-530
Stone Veneer: El Dorado Stone -
Shiloh
Exterior finishes shall be standard
wood frame with stucco or siding with
composite or tile roof.
141
7 L _J
Ii] Ii] □
'F;l'llF IDF ((NERJ,lj_)
5[8 [D
B [IJ
l[i
LEGEND

REFERENCE MAP
FDP Boundary
JULY 2025 P/ 21

VILLAGES VI RESIDENTIAL DEVELOPMENT

GRADING &

UTILITIES
FDP Boundary
WATER (2)
WATER (3)
101.7
101.8
101.9 101.9 101.8 101.6 102.2 102.9 102.2 102.1 102.1
103.0 103.2 102.2 102.2 102.2 101.7 101.8 101.7 101.7
101.7 101.9 101.7 102.0 102.2 102.1 102.9 103.5 103.1
104.1
104.8 103.2 103.0 102.1 102.0 102.0 101.9 102.4
102.3
101.9 101.8 102.0 103.1 103.1 103.7
104.6
103.4
103.3
103.2 103.0 102.8
102.6
102.5
IRR (2)
101.6 101.9
101.7
101.8
101.8
101.5
101.8
101.6
102.2
102.2
101.8
102.3
102.0
102.0
102.4
102.1 NO PARKING
102.4
102.2
102.6
102.8
102.4
102.4
102.8
102.9
102.7 102.6
103.1 102.9
102.8
102.9
103.1
103.2
103.0

NO PARKING
103.4
103.2
103.3
104.8
104.7
103.9
102.1

NO PARKING
101.7
102.9
101.7101.8 IRR (4) IRR (5)
101.8
IRR (4) 102.6
102.1
D
DMH
RIM 101.46
INV. 18" 95.29 (NW)
INV. 18" 95.26 (SE)

CATCH BASIN
TC 102.58 @CL
INV. 12" 96.82 (N)
D
DMH
RIM 102.42
INV. 18" 95.78 (E)
INV. 12" 96.01 (S)
INV. 12" 95.89 (N)

CATCH BASIN
TC 102.56 @CL
INV. 12" 96.30 (S)
D
DMH
RIM 101.49
INV. 30" 91.22 (N)
INV. 18" 91.60 (W)
INV. 18" 91.72 (E)
INV. 18" 91.67 (S)
S
SMH
RIM 101.71
INV. 8" 95.20 (S)
INV. 8" 94.97 (E)
INV. 6" 94.97 (N)

SNOW GOOSE DR

CITY PARK
FF
103.6
FF
103.3
FF
102.6
FF
103.0
FF
102.6
FF
102.2

PRIVATE DRIVE
SNOW GOOSE 3
0 20 40
SCALE: 1" = 40'
LEGEND
WATER (2)
WATER (3)
101.7
101.8
101.9 101.9 101.8 101.6 102.2 102.9 102.2 102.1 102.1
103.0 103.2 102.2 102.2 102.2 101.7 101.8 101.7 101.7
101.7 101.9 101.7 102.0 102.2 102.1 102.9 103.5 103.1
104.1
104.8 103.2 103.0 102.1 102.0 102.0 101.9 102.4
102.3
101.9 101.8 102.0 103.1 103.1 103.7
104.6
103.4
103.3
103.2 103.0 102.8
102.6
102.5
IRR (2)
101.6 101.9
101.7
101.8
101.8
101.5
101.8
101.6
102.2
102.2
101.8
102.3
102.0
102.0
102.4
102.1 NO PARKING
102.4
102.2
102.6
102.8
102.4
102.4
102.8
102.9
102.7 102.6
103.1 102.9
102.8
102.9
103.1
103.2
103.0

NO PARKING
103.4
103.2
103.3
104.8
104.7
103.9
102.1

NO PARKING
101.7
102.9
101.7101.8 IRR (4) IRR (5)
101.8
IRR (4) 102.6
102.1
D
DMH
RIM 101.46
INV. 18" 95.29 (NW)
INV. 18" 95.26 (SE)

CATCH BASIN
TC 102.58 @CL
INV. 12" 96.82 (N)
D
DMH
RIM 102.42
INV. 18" 95.78 (E)
INV. 12" 96.01 (S)
INV. 12" 95.89 (N)

SNOW GOOSE DR

CITY PARK
FF
103.6
FF
103.3
FF
102.6
FF
103.0
FF
102.6
FF
102.2

PRIVATE DRIVE
3 SNOW GOOSE
0 20 40
SCALE: 1" = 40'
LEGEND
Proposed Water Meter
Proposed Double Detector
Check
Proposed Backflow Preventor
Proposed Sanitary Sewer
Manhole
Proposed Area Drain
Site Light
Proposed Water Line
Proposed Storm Drain
Proposed Sanitary Sewer
Concrete
Asphalt Concrete
Landscape
Bio-treatment
WATER (2)
WATER (3)
101.7
101.8
101.9 101.9 101.8 101.6 102.2 102.9 102.2 102.1 102.1
103.0 103.2 102.2 102.2 102.2 101.7 101.8 101.7 101.7
101.7 101.9 101.7 102.0 102.2 102.1 102.9 103.5 103.1
104.1
104.8 103.2 103.0 102.1 102.0 102.0 101.9 102.4
102.3
101.9 101.8 102.0 103.1 103.1 103.7
104.6
103.4
103.3
103.2 103.0 102.8
102.6
102.5
IRR (2)
101.6 101.9
101.7
101.8
101.8
101.5
101.8
101.6
102.2
102.2
101.8
102.3
102.0
102.0
102.4
102.1 NO PARKING
102.4
102.2
102.6
102.8
102.4
102.4
102.8
102.9
102.7 102.6
103.1 102.9
102.8
102.9
103.1
103.2
103.0

NO PARKING
103.4
103.2
103.3
104.8
104.7
103.9
102.1

NO PARKING
101.7
102.9
101.7101.8 IRR (4) IRR (5)
101.8
IRR (4) 102.6
102.1
D
DMH
RIM 101.46
INV. 18" 95.29 (NW)
INV. 18" 95.26 (SE)

CATCH BASIN
TC 102.58 @CL
INV. 12" 96.82 (N) D
DMH
RIM 102.42
INV. 18" 95.78 (E)
INV. 12" 96.01 (S)
INV. 12" 95.89 (N)

SNOW GOOSE DR

CITY PARK
FF
103.6
FF
103.3
FF
102.6
FF
103.0
FF
102.6
FF
102.2

NO PARKING
103.4
103.2
103.3
104.8
104.7
103.9
102.1

NO PARKING
101.7
102.9
101.7101.8 IRR (4) IRR (5)
101.8
IRR (4) 102.6
102.1
D
DMH
RIM 101.46
INV. 18" 95.29 (NW)
INV. 18" 95.26 (SE)

CATCH BASIN
TC 102.58 @CL
INV. 12" 96.82 (N) D
DMH
RIM 102.42
INV. 18" 95.78 (E)
INV. 12" 96.01 (S)
INV. 12" 95.89 (N)

SNOW GOOSE DR

CITY PARK
FF
103.6
FF
103.3
FF
102.6
FF
103.0
FF
102.6
FF
102.2

PRIVATE DRIVE
0 20 40
SCALE: 1" = 40'
LEGEND
WATER (2)
WATER (3)
101.7
101.8
101.9 101.9 101.8 101.6 102.2 102.9 102.2 102.1 102.1
103.0 103.2 102.2 102.2 102.2 101.7 101.8 101.7 101.7
101.7 101.9 101.7 102.0 102.2 102.1 102.9 103.5 103.1
104.1
104.8 103.2 103.0 102.1 102.0 102.0 101.9 102.4
102.3
101.9 101.8 102.0 103.1 103.1 103.7
104.6
103.4
103.3
103.2 103.0 102.8
102.6
102.5
IRR (2)
101.6 101.9
101.7
101.8
101.8
101.5
101.8
101.6
102.2
102.2
101.8
102.3
102.0
102.0
102.4
102.1 NO PARKING
102.4
102.2
102.6
102.8
102.4
102.4
102.8
102.9
102.7 102.6
103.1 102.9
102.8
102.9
103.1
103.2
103.0

NO PARKING
103.4
103.2
103.3
104.8
104.7
103.9
102.1

NO PARKING
101.7
102.9
101.7101.8 IRR (4) IRR (5)
101.8
IRR (4) 102.6
102.1
D
DMH
RIM 101.46
INV. 18" 95.29 (NW)
INV. 18" 95.26 (SE)

CATCH BASIN
TC 102.58 @CL
INV. 12" 96.82 (N)
D
DMH
RIM 102.42
INV. 18" 95.78 (E)
INV. 12" 96.01 (S)
INV. 12" 95.89 (N)

SNOW GOOSE DR

CITY PARK
FF
103.6
FF
103.3
FF
102.6
FF
103.0
FF
102.6
FF
102.2

NO PARKING
103.4
103.2
103.3
104.8
104.7
103.9
102.1

NO PARKING
101.7
102.9
101.7101.8 IRR (4) IRR (5)
101.8
IRR (4) 102.6
102.1
D
DMH
RIM 101.46
INV. 18" 95.29 (NW)
INV. 18" 95.26 (SE)

CATCH BASIN
TC 102.58 @CL
INV. 12" 96.82 (N)
D
DMH
RIM 102.42
INV. 18" 95.78 (E)
INV. 12" 96.01 (S)
INV. 12" 95.89 (N)

SNOW GOOSE DR

CITY PARK
FF
103.6
FF
103.3
FF
102.6
FF
103.0
FF
102.6
FF
102.2

PRIVATE DRIVE
3 SNOW GOOSE
0 20 40
SCALE: 1" = 40'
LEGEND
LEGEND

PACIFIC DRIVE

CARDOZA ROAD

RYEGRASS WAY

DOCK AVENUE
WATER (2)
WATER (3)
101.7
101.8
101.9 101.9 101.8 101.6 102.2 102.1 102.1
103.2 102.2 102.2 102.2 101.7 101.8 101.7 101.7
101.7 101.9 102.0 102.1 101.7 102.2 102.9 103.5
103.0 102.1 102.0 102.0 101.9 102.4
102.3 101.9 101.8 102.0 103.1 103.1
103.2 103.0 102.8
102.6
102.5
IRR (2)
101.6 101.9
101.7 101.8
101.8
101.5
101.8
101.6
102.2
102.2
101.8
102.3
102.0
102.0
102.4
102.1 NO PARKING
102.4
102.2
102.6
102.8
102.4
102.4
102.8
102.9
102.7 102.6
103.1 102.9
102.8

02.9 103.1

NO PARKING
101.7
102.9
101.7101.8 IRR (4) IRR (5)
101.8
D
DMH
RIM 101.46
INV. 18" 95.29 (NW)
INV. 18" 95.26 (SE)

CATCH BASIN
TC 102.58 @CL
INV. 12" 96.82 (N) D
DMH
RIM 102.42
INV. 18" 95.78 (E)
INV. 12" 96.01 (S)
INV. 12" 95.89 (N)

NOW GOOSE DR

CITY PARK
FF
103.3
FF
102.6
FF
103.0
FF
102.6
FF
102.2

PRIVATE DRIVE
4 of

MODESTO, CALIFORNIA
engineering.com
enic Drive, Suite A
esto, CA 95350
3 UTILITY &

GRADING EXHIBIT

SNOW GOOSE

PROPERTY
0 20 40
SCALE: 1" = 40'
LEGEND
WATER (2)
WATER (3)
101.7
101.8
101.9 101.9 101.8 101.6 102.2 102.1

3.2 102.2 102.2 102.2 101.7 101.8 101.7 101.7
101.7 101.9 102.0 102.1 101.7 102.2 102.9
.0 102.1 102.0 102.0 101.9 102.4
102.3 101.9 101.8 102.0 103.1

03.0 102.8
102.6
102.5
IRR (2)
101.6 101.9
101.7 101.8
101.8
101.5
101.8
101.6
102.2
102.2
101.8
102.3
102.0
102.0
102.4
102.1 NO PARKING
102.4
102.2
102.6
102.8
102.4
102.4
102.8
102.9
102.7 102.6
1 102.9

NO PARKING
101.7
102.9
101.7101.8 IRR (4) IRR (5)
101.8
D
DMH
RIM 101.46
INV. 18" 95.29 (NW)
INV. 18" 95.26 (SE)

CATCH BASIN
TC 102.58 @CL
INV. 12" 96.82 (N) D
DMH
RIM 102.42
INV. 18" 95.78 (E)
INV. 12" 96.01 (S)
INV. 12" 95.89 (N)

CITY PARK
FF
103.3
FF
102.6
FF
102.6
FF
102.2

PRIVATE DRIVE
4 of

MODESTO, CALIFORNIA
3 UTILITY &

GRADING EXHIBIT

SNOW GOOSE

PROPERTY
0 20 40
SCALE: 1" = 40'
LEGEND
WATER (3)
101.7
101.8
101.9 101.9 101.8 101.6
102.2 102.2 101.7 101.8 101.7 101.7
101.7 101.9 102.0 102.1 101.7 .2
102.0 102.0 101.9 102.4
102.3 101.8 102.0

02.6 102.5
IRR (2)
101.6 101.9
101.7 101.8
101.8
101.5
101.8
101.6
102.2
102.2
101.8
102.3
102.0
102.0
102.4
102.1 NO PARKING
102.4
102.2
102.6
102.8
102.4
102.8

NO PARKING
101.7
102.9
101.7101.8 IRR (4) RR (5)
D
DMH
RIM 101.46
INV. 18" 95.29 (NW)
INV. 18" 95.26 (SE)
ASIN
@CL

6.82 (N) D
DMH
RIM 102.42
INV. 18" 95.78 (E)
INV. 12" 96.01 (S)
INV. 12" 95.89 (N)

CITY PARK
FF
102.6
F

2.6 FF
102.2

PRIVATE DRIVE
4 of

O, CALIFORNIA
3 UTILITY &

GRADING EXHIBIT

W GOOSE
PERTY
0 20 40
SCALE: 1" = 40'
LEGEND
WATER (2)
WATER (3)
101.7
101.8
101.9 101.9 101.8 101.6 102.2 102.1 102.1
0 103.2 102.2 102.2 102.2 101.7 101.8 101.7 101.7
101.7 101.9 102.0 102.1 101.7 102.2 102.9 103.5
103.0 102.1 102.0 102.0 101.9 102.4
102.3 101.9 101.8 102.0 103.1 103.1
103.2 103.0 102.8
102.6
102.5
IRR (2)
101.6 101.9
101.7 101.8
101.8
101.5
101.8
101.6
102.2
102.2
101.8
102.3
102.0
102.0
102.4
102.1 NO PARKING
102.4
102.2
102.6
102.8
102.4
102.4
102.8
102.9
102.7 102.6
103.1 102.9
102.8
102.9
103.1

NO PARKING
101.7
102.9
101.7101.8 IRR (4) IRR (5)
101.8
D
DMH
RIM 101.46
INV. 18" 95.29 (NW)
INV. 18" 95.26 (SE)

CATCH BASIN
TC 102.58 @CL
INV. 12" 96.82 (N) D
DMH
RIM 102.42
INV. 18" 95.78 (E)
INV. 12" 96.01 (S)
INV. 12" 95.89 (N)

NOW GOOSE DR

CITY PARK
FF
103.3
FF
102.6
FF
103.0
FF
102.6
FF
102.2

PRIVATE DRIVE
4 of

MODESTO, CALIFORNIA
lengineering.com
cenic Drive, Suite A
desto, CA 95350
3 UTILITY &

GRADING EXHIBIT

SNOW GOOSE

PROPERTY
0 20 40
SCALE: 1" = 40'
LEGEND
WATER (3)
101.7
101.8
101.9 101.9 101.8 101.6
102.2 102.2 101.7 101.8 101.7 101.7
101.7 101.9 102.0 102.1 101.7

02.0 102.0 101.9 102.4
102.3 101.8 102.0

2.6 102.5
IRR (2)
101.6 101.9
101.7 101.8
101.8
101.5
101.8
101.6
102.2
102.2
101.8
102.3
102.0
102.0
102.4
102.1 NO PARKING
102.4
102.2
102.6
102.8
102.4
102.8

NO PARKING
101.7
102.9
101.7101.8 IRR (4) R (5)
D
DMH
RIM 101.46
INV. 18" 95.29 (NW)
INV. 18" 95.26 (SE)
SIN
@CL
82 (N) D
DMH
RIM 102.42
INV. 18" 95.78 (E)
INV. 12" 96.01 (S)
INV. 12" 95.89 (N)

CITY PARK
FF
102.6
6 FF
102.2

PRIVATE DRIVE
4 of

CALIFORNIA
3 UTILITY &

GRADING EXHIBIT
GOOSE
PERTY
0 20 40
SCALE: 1" = 40'
LEGEND
WATER (2)
WATER (3)
101.7
101.8
101.6 101.8 101.9 101.9 102.2
102.2 102.2 102.2 101.7 101.8 101.7 101.7
101.9 101.7 102.0 101.7 102.1 102.2 102.9
102.1 102.0 102.0 101.9 102.4
102.3 102.0 101.8 101.9 103.1
102.8
102.6
102.5
IRR (2)
101.9 101.6
101.7 101.8
101.8
101.5
101.8
101.6
102.2
102.2
101.8
102.3
102.0
102.0
102.4
NO PARKING 102.1
102.4
102.2
102.6
102.8
102.4
102.4
102.8
102.9
102.7 102.6
102.9

NO PARKING
101.7
102.9
IRR (4) 101.8 101.7 IRR (5)
101.8
D
DMH
RIM 101.46
INV. 18" 95.29 (NW)
INV. 18" 95.26 (SE)

CATCH BASIN
TC 102.58 @CL
INV. 12" 96.82 (N) D
DMH
RIM 102.42
INV. 18" 95.78 (E)
INV. 12" 96.01 (S)
INV. 12" 95.89 (N)

CITY PARK
FF
103.3
FF
102.6
FF
102.6 FF
102.2

PRIVATE DRIVE
4 of

MODESTO, CALIFORNIA
3 UTILITY &

GRADING EXHIBIT

SNOW GOOSE

PROPERTY
0 20 40
SCALE: 1" = 40'
LEGEND
WATER (2)
101.7
101.8
101.9 101.9 101.8 101.6 102.2 2.2 102.1 102.1
103.0 103.2 102.2 102.2 102.2 101.7 101.8 101.7 101.7
101.7 101.9 102.0 102.1 101.7 102.2 102.9 103.5 103.1
103.2 103.0 102.1 102.0 102.0 101.9 102.4
102.3 101.9 101.8 102.0 103.1 103.1
103.2 103.0 102.8
102.6
102.5
IRR (2)
101.6 101.9
101.7 101.8
101.8
101.5
101.8
101.6
102.2
102.2
101.8
102.3
102.0
102.0
102.4
102.1 NO PARKING
102.4
102.2
102.6
102.8
102.4
102.4
102.8
102.9
102.7 102.6
103.1 102.9
102.8
102.9
103.1

NO PARKING
101.7
102.9
101.7101.8 IRR (4) IRR (5)
101.8
D
DMH
RIM 101.46
INV. 18" 95.29 (NW)
INV. 18" 95.26 (SE)

CATCH BASIN
TC 102.58 @CL
INV. 12" 96.82 (N) D
DMH
RIM 102.42
INV. 18" 95.78 (E)
INV. 12" 96.01 (S)
INV. 12" 95.89 (N)

CATCH BASIN
TC 102.56 @CL
INV. 12" 96.30 (S)
DMH
RIM 101.49
INV. 30" 91.22 (N)
INV. 18" 91.60 (W)
INV. 18" 91.72 (E)
INV18" 9167 (S)
SMH
RIM 101.71
INV. 8" 95.20 (S)
INV. 8" 94.97 (E)
INV. 6" 94.97 (N)

SNOW GOOSE DR

CITY PARK
FF

3.6 FF
103.3
FF
102.6
FF
103.0
FF
102.6
FF
102.2

PRIVATE DRIVE
0 20 40
SCALE: 1" = 40'
LEGEND
WATER (2)
101.7
101.8
101.6 101.8 101.9 101.9 102.2
2 102.2 102.2 101.7 101.8 101.7 101.7
101.9 101.7 102.0 101.7 102.1 102.2
102.1 102.0 102.0 101.9 102.4
102.3 102.0 101.8 101.9
102.8
102.6
102.5
IRR (2)
101.8
101.5
101.8
101.6
102.2
102.2
101.8
102.3
102.0
102.0
102.4
NO PARKING 102.1
102.4
102.2
102.6
102.8
102.4
102.4
102.8
102.9
102.7 102.6
102.9

NO PARKING
101.7
IRR (5)
D
DMH
RIM 101.46
INV. 18" 95.29 (NW)
INV. 18" 95.26 (SE)

CATCH BASIN
TC 102.58 @CL
INV. 12" 96.82 (N) D
DMH
RIM 102.42
INV. 18" 95.78 (E)
INV. 12" 96.01 (S)
INV. 12" 95.89 (N)

CATCH BASIN
TC 102.56 @CL
INV. 12" 96.30 (S)
R

CITY PARK
FF
103.3
FF
102.6
FF
102.6
FF
102.2

PRIVATE DRIVE
0 20 40
SCALE: 1" = 40'
LEGEND
WATER (2)
101.7
103.0 103.2 102.2 102.2 102.2 101.7 101.8 101.7 101.7
101.7 101.9 102.0 102.1 101.7 102.2 102.9 103.5 103.1
104.1
104.8 103.2 103.0 102.1 102.0 102.0 101.9 102.4
102.3 101.9 101.8 102.0 103.1 103.1 103.7 104.6
103.4
103.3
103.2 103.0 102.8
102.6
102.5
IRR (2)
101.8
101.5
101.8
101.6
102.2
102.2
101.8
102.3
102.0
102.0
102.4
102.1 NO PARKING
102.4
102.2
102.6
102.8
102.4
102.4
102.8
102.9
102.7 102.6
103.1 102.9
102.8
102.9
103.1
103.2
103.0
ARKING
104.8
104.7
103.9

NO PARKING
D
DMH
RIM 101.46
INV. 18" 95.29 (NW)
INV18" 9526 (SE)

CATCH BASIN
TC 102.58 @CL
INV. 12" 96.82 (N) D
DMH
RIM 102.42
INV. 18" 95.78 (E)
INV. 12" 96.01 (S)
INV. 12" 95.89 (N)

CATCH BASIN
TC 102.56 @CL
INV. 12" 96.30 (S) SNOW GOOSE DR
FF
103.6
FF
103.3
FF
102.6
FF FF

PRIVATE DRIVE
0 20 40
SCALE: 1" = 40'
LEGEND
WATER (2)
WATER (3)
101.7
101.8
101.6 101.8 101.9 101.9 102.2 102.1 102.1 102.2 102.9
103.0 103.2 102.2 102.2 102.2 101.7 101.8 101.7 101.7
101.9 101.7 102.0 101.7 102.1 102.2 102.9 103.5
104.1
103.1
104.8 103.2 103.0 102.1 102.0 102.0 101.9 102.4
102.0 102.3 101.8 101.9 103.1 103.1 103.7 104.6
103.4
103.3
103.2 103.0 102.8
102.6
102.5
IRR (2)
101.6 101.9
101.7 101.8
101.8
101.5
101.8
101.6
102.2
102.2
101.8
102.3
102.0
102.0
102.4
NO PARKING 102.1
102.4
102.2
102.6
102.8
102.4
102.4
102.9
102.8
102.7 102.6
102.9 103.1
102.8
102.9
103.1
103.2
103.0

NO PARKING
103.4
103.2
103.3
104.8
104.7
103.9

NO PARKING
101.7
102.9
IRR (4) 101.7101.8
D
DMH
RIM 101.46
INV. 18" 95.29 (NW)
INV. 18" 95.26 (SE)

CATCH BASIN
TC 102.58 @CL
INV. 12" 96.82 (N) D
DMH
RIM 102.42
INV. 18" 95.78 (E)
INV. 12" 96.01 (S)
INV. 12" 95.89 (N)

SNOW GOOSE DR

CITY PARK
FF
103.6
FF
103.3
FF
102.6
FF
103.0
FF
102.6
FF
102.2

PRIVATE DRIVE
0 20 40
SCALE: 1" = 40'
LEGEND
142
7 25 26
13686 S.F. L _J 6301 S.F. 6605 S.f.
27 28 5390 S.F. 5050 s.r.
0 ,., 'r
G )-
29 CTID 30 5390 S.F. soso s.r.
~
= 23 22 21 5390 s.r.
6301 s.r. 6301 s.r. 6724 S.F.
~
~
CS)
2 i~ 5390 s.r.
)-
3 5390 S.f.
20 6804 s.r. 4 5390 S.F. 12·so
0 5 ss >
'y-(
)-"-.
5420 S.F. $ ,.
)-
I I • 6 5541 S.f.

I~ I ~
17 16 15 7 5775 s.r. 5775 s.r. 7179 S.F. s1w s.r.
8 r>>>~
14 6079 S.F.

B484 S.f. j 9 ,. 6H5 S.F. 13 a1s2 s.r.
10 6726 S.F.
12 10985 S.f.
11 9851 S.F.

Cl ,., l2:2Q Jfl:ss(t£l /
,., @

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: January 21, 2026
Re: Notice of Public Hearing
Proposal: Final Development Plan #2024-01 & Development Agreement– Villages VI Subdivision
NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos City Council to consider a Final Development Plan #2024-01 and Development Agreement for Villages VI Subdivision. The proposed project consists of the subdivision of 8.2 acres into 30 Low-Density Residential (R-1) lots with a Planned Development Overlay (P-D). The project was evaluated pursuant to the California Environmental Quality Act (CEQA) within the scope of the Stonecreek Area Plan Environmental Impact Report (SCH #2002061015), certified by the City Council on April 21, 2004. The City has determined that the proposed project was adequately analyzed in the EIR and that no additional environmental review is required. The project is located north of Cardoza Road and south of Mariposa Drive, more specifically identified as Assessor’s Parcel Number: 430-060-005.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the City Council on Wednesday, February 4, 2026 at 6:00 p.m. in the Council Chambers of Los Banos City Hall located at 520 "J" Street. Questions regarding the abovereferenced item may be directed to Justin Ragunton, Assistant Planner at City Hall or at (209) 827-7000, Ext. 2431.

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
143
~ LOsBanos
, ... At the Crossroads of California

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Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: William Via, Jr., Public Works Director
DATE: February 4, 2026
TYPE OF REPORT: Informational Item
SUBJECT: Pioneer Road Project Updates
______________________________________________________________________ Recommendation:

Informational item only, no action to be taken.

Discussion:

There will be a presentation regarding updates on Pioneer Road Project, presented by Public Works Director, William Via, Jr.

Reviewed by:
________________________
Soknirorn Than, City Manager
145
~ LOsBanos
,,~ At the Crossroads of California
ITEM 9

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146
Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: William Via, Jr., Public Works Director
DATE: February 4, 2026
TYPE OF REPORT: Informational Item
SUBJECT: De Anza Way and Mercey Springs Road (SR 165) Intersection Project Updates
______________________________________________________________________ Recommendation:

Informational item only, no action to be taken.

Discussion:

There will be a presentation regarding updates on the De Anza Way and Mercey Springs Road (SR 165) Intersection Project, presented by Public Works Director, William Via, Jr.

Reviewed by:
________________________
Soknirorn Than, City Manager
147
~ LOsBanos
,,~ At the Crossroads of California
ITEM 10

Los Banos City CouncilFebruary 4, 2026

Los Banos City Council
February 4, 2026