Manteca City Council
October 18, 2022

City of Manteca Planning Commission

AGENDA REPORT

MEETING DATE: September 15, 2022
PROJECT NAME: Dutra Annexation Project
PROJECT LOCATION: Multiple Parcels

Non-Development Area: Addresses APNs
20769 South Oleander Avenue
20807 South Oleander Avenue
20821 South Oleander Avenue
5159 East Peach Avenue
5201 East Peach Avenue
226-17-014
226-17-015
226-17-016
226-17-017
226-17-018
Development Area: 4699 East Peach Avenue
5151 East Peach Avenue
20649 South Oleander Avenue
226-17-008 (portion)
226-17-012
226-17-013
APPLICATION NUMBERS: ANX21-055, PRZ21-056, SDJ21-057
RECOMMENDATION:

Staff recommends the Planning Commission take the following actions:

1. Recommend that the City Council adopt the Dutra Annexation Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program; and

2. Recommend that the City Council approve the annexation of 8 parcels totaling 39.49 acres and authorize application to LAFCo for annexation; and

3. Recommend the City Council waive the first reading of the Ordinance approving the Pre-Zoning designations for the parcels to be annexed; and

4. Recommend that the City Council adopt a Resolution recommending approval of the Dutra Tentative Subdivision Map.

PROJECT INFORMATION
Applicant: Michael Kiper, KDH Group LLC
Property Owner: Shirley M. Dutra, Trustee
Maria Consuelo Lopez, Trustee
General Plan Designation: Low Density Residential (LDR) Park (P)
Zoning Designation: No City Zoning District Designations County Zoning: AU-20 : Agriculture-Urban Reserve
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Proposed Pre-Zoning: R-1 One Family Dwelling
Existing Use: Non-Development Area: Single-family Residential Development Area: Agriculture and Single-family
Residential
Proposed Use: Non-Development Area: No Change
Development Area: Single-Family Residential
Parcel Size Total Annexation Area: 39.51 Acres
Non-Development Area: 3.11 Acres
Development Area: 34.6 Acres
Public Right-of-Way: 1.8 Acres
Adjacent Uses: North: Single-Family Residential
South: Agriculture and Large Lot Residential
East: Single-Family Residential and Agriculture
West: Agriculture and Large Lot Residential
CEQA Determination Mitigated Negative Declaration

PROJECT DESCRIPTION & LOCATION
The Dutra Annexation Project is a request for the Annexation of 39.51 acres of unincorporated land in San Joaquin County into the City of Manteca, the Pre-zoning of all

39.51 acres, and a Tentative Subdivision Map for a 34.6-acre portion of the annexation area.

The entire 39.51-acre annexation area is
located in the southwest portion of the City of
Manteca, immediately south of the City Limit
line. The site is bounded by East Oleander
Avenue and single-family residential uses to
the east, single family residential uses to the
north, agricultural uses and large lot
residential uses to the south and west. East
Peach Road runs along the project’s
southern boundary. Figure 1 identifies the
annexation boundary in yellow and identifies
the project location as it relates to the current
City boundary. The annexation area has two
distinct planning areas. The first will be
known in this staff report as the Development
Area, which consists of 34.6 acres and three
lots, Assessor Parcel Numbers (APNs) 226-
17-008 (portion), 226-17-012, and 226-17-
013. These parcels are the Development
Area because they make up the area for the
Dutra Tentative Subdivision Map. This map
Figure 1: Annexation Boundary
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will subdivide these three parcels into 197 residential units, provide a 2.92-acre Park/Basin, and allow the retention of two lots that have existing residential homes on them along south Oleander Avenue.

The remaining 5 parcels in this annexation, APNs 226-170-14, -15, -16, -17, -18, are being annexed into the City due to the Local Agency Formation Commission’s (LAFCo) requirements related to orderly development with regards to annexation. These parcels square out the development area along East Peach Avenue and South Oleander Avenue, and allow for consistent street improvements and connectivity. The majority of this staff report will focus on this Development Area parcels, but certain findings are required for the overall annexation. These five parcels total 3.11 acres. While these lots are being annexed into the City of Manteca, no development is proposed on these parcels at this time. As part of the requirement for annexation, they are required to be Pre-Zoned, but there will be no change in use for these parcels. Figure 2 identifies the overall annexation area in yellow and then the Development Area is outlined in red, and the Non-Development Area is slightly greyed out.

Figure 2: Development and Non-Development Areas

PROJECT SITE EXISTING CONDITIONS
The larger Development Area parcels have three residential homes and an open agricultural area. The existing residential homes include outbuildings, livestock pens, ornamental ATTACHMENT 11

landscaping, and overhead power lines located on the eastern side of the Project site along Oleander Avenue. The area west of the existing homes is undeveloped agricultural land.

There is an existing 60’ SSJID easement located on the southern side of the agricultural land. There are a variety of irrigation facilities in the agricultural area.

The Non-Development area contains 6 existing residential homes on five lots. The parcels all take access from East Oleander Avenue. These parcels also contain various out buildings and structures. Figure 3 is an aerial view of the annexation area with the existing uses.

Figure 3: Existing Conditions

ANNEXATION
The San Joaquin County LAFCo controls the process of annexation. LAFCo is a regulatory agency with countywide jurisdiction, established by state law (the Cortese-Knox Act) to coordinate logical and timely changes in local city boundaries, and to insure that services are provided efficiently while agricultural lands are protected. When an applicant requests annexation of the City, it is the applicant asking the City to apply for annexation approval from LAFCo. Before the City is willing to consider applying for annexation on the applicant’s behalf, the City must ensure that the annexation can be supported by the General Plan.

General Plan Land Use Policy LU-P-9 states that the City will only consider applications for annexation that meet specific criteria below:

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1. Are contiguous with city boundaries and provide for a logical expansion of the city;
Analysis: The proposed annexation area is immediately south of existing City limit lines. This annexation will help capture right-of way and land that should be within the City limits. Based on the annexation map above, this annexation almost fills in the missing link between the existing city limits to the east and the city limit to the west. This project is east of the recently approved Lumina at Machado Ranch project.

This project is also immediately south of the recent Wackerly Annexation, and the build out of this project will expand the Wackerly storm basin. Further, the annexation area is currently located within the 10-year Planning Horizon of Manteca’s existing Sphere of Influence, which is a LAFCo-approved boundary. Projects within the 10- year planning horizon are expected to develop between the years of 2015 to 2025, per the Municipal Service Review (MSR) report approved by LAFCo in 2015. This annexation request comes at the later end of this time window, which is important when considering annexation. The pattern of development around this site over the last ten years indicates that annexation of these 39 acres is the next logical expansion of city limits.

2. Create clear and reasonable boundaries;
Analysis: The proposed northern boundary of the annexation will bring the City limit line east across East Oleander Avenue down to South Peach Road. This annexation squares off the west block of East Oleander. Bringing this boundary to this corner is a much clearer and logical boundary than what exists today. This is a logical and clear boundary for annexation.

3. Ensure the provision of adequate municipal services; Analysis: The Initial Study/Mitigated Negative Declaration for the proposed project indicates that there are adequate municipal services for the proposed annexation area, which includes eight existing homes and 197 future homes in the Dutra Subdivision.

4. Reflect a long-term fiscal balance to the City and its residents, when reviewed cumulatively with other annexations;
Analysis: A fiscal analysis of the subdivision was prepared by EPS. EPS is the economic firm that the City used for the economic analysis of land use for the General Plan and has background on the City and its fiscal health. EPS analyzed the master tax sharing agreement with San Joaquin County and the City of Manteca, which is ultimately in an 80/20 split agreement for property tax sharing revenue. Under an 80/20 split, the annexation would have a marginal net annual General Fund surplus of approximately $75,000. The analysis estimated that the project would general about $260,000 in net, new annual City General Fund revenues and would require about $185,000 in annual City General Fund service costs. EPS then analyzed a ATTACHMENT 11

60/40 split. Under this split, the project would generate $160,000 net annual General Fund surplus. With a 60/40 split, the project would generate about $345,000 in net, new City General Fund revenues and would require the same $185,000 in annual City General Fund service costs. While either split would provide more revenue than the costs of the new project, staff recommends that the City move the project forward with the assumption that legal counsel will negotiate the 60/40 split to ensure that the City received a larger benefit of the project. The fiscal analysis prepared by EPS is attached to this staff report.

5. Are consistent with State law and San Joaquin LAFCo standards; and Analysis: The proposed annexation is consistent with all State and LAFCo laws in that the annexation is following correct city procedures, it is consistent with the City’s General Plan, and the appropriate actions for annexation will be completed by the Council prior to an annexation application is made to LAFCO by the City.

6. Are consistent with the General Plan.

Analysis: Based on the analysis of the above five items, this annexation is consistent with Land Use Policy LU-P-9. In addition to this policy, this annexation is consistent with the overall intent of growth expressed in the General Plan. The General Plan regulates development to preserve Manteca’s roots as an agricultural center and to ensure balanced growth. The General Plan acknowledges that agriculture plays an important role in Manteca’s economy, but also understands that metered development will ensure economic growth and will allow the city to continue to provide for a quality of life for its current and future residents. Land Use Goal LU-2 discusses the need to provide adequate land in a range of densities to meet the housing needs of income groups expected to reside in Manteca, and to regulate residential growth consistent with the capacities of City facilities and services. This annexation will allow for the construction of 197 units on traditional LDR lots, creating more housing opportunities for current and future residents in Manteca. Without this annexation, these homes would not be constructed in the City. Further, as noted in the MND, the City is able to provide the necessary services to accommodate these new housing units, making this annexation a logical expansion for the city.

Based on the analysis of the above findings, staff believes that the Planning Commission can recommend approval of the Annexation to the City Council.

PRE-ZONING
Unincorporated land outside the City’s limits does not have a City Zoning District designation. Rather, the unincorporated land has a San Joaquin County zoning designation. Per section 17.10.180 of the Manteca Municipal Code, unincorporated property adjoining the city, within the Sphere of Influence, when the Annexation is brought before the City Council consistent with California Government Code Section 65859, is required to be pre-zoned. The procedure, review, and action for pre-zoning are the same ATTACHMENT 11

as that established for a Zoning Amendment pursuant to Section 17.10190 of the Zoning Ordinance. The proposed pre-zoning designations for the parcels in the annexation area are show in Figure 4 below. All of the parcels in the annexation will have a Pre-zoning designation of R-1 One Family Dwelling Zoning District.

Figure 4: Proposed Pre-Zoning Map
In order to recommend approval of the Pre-Zoning to the City Council, the Planning Commission must make the following findings.

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1. The proposed Zoning Amendment (text or map) is consistent with the General Plan and any applicable Specific Plan goals, policies, and implementation programs.

Analysis: The Pre-Zoning designations of the five Non-Development parcels and the three Development parcels match the land use designations for the proposed General Plan Update. These districts are consistent with the intent of the General Plan land use designations for Low-Density Residential. The existing homes in the proposed R-1 zoning district are allowed uses in the LDR land use designation. By giving the sites corresponding zoning designations to the General Plan Update land use designations, this can facilitate their redevelopment.

2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Analysis: The proposed pre-zoning designations will not be detrimental to the public interest, health, safety, convenience, or welfare of the City, in that any future development of these sites will be required to conform to the zoning district development standards and all performance standards established by the City’s Municipal Code, as well as the goals and policies of the General Plan.

3. The amendment has been reviewed in compliance with the provisions of the California Equality Act (CEQA).

Analysis: The proposed Pre-zoning has been analyzed in the Dutra Mitigated Negative Declaration. The MND identified potentially significant impacts if mitigation measure were not put in place to mitigate those impacts. However, with the conditioned mitigation measures, the project will not have an environmental impact and complies with the provisions of CEQA.

4. If a map amendment, the site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provisions of utilities) for the requested zoning designations and anticipated land uses/development.

Analysis: The parcels that are being pre-zoned to R-1 currently have single-family residential uses on them and they are compatible for that zoning designation. As they exist today, the parcels that are not part of the future subdivision are still rural in nature and will require future site planning to ensure that they can accommodate future development projects.

5. If a text amendment, the amendment is internally consistent with other applicable provisions of this Zoning Code.

Analysis: This project does not include a text amendment.

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Based on the analysis of the above findings, staff believes that the Planning Commission can recommend approval of the Pre-zoning designations of the parcels to the City Council.

GENERAL PLAN CONFORMANCE
The proposed subdivision has a General Plan Land use Designation of P Park and LDR Low Density Residential (Figure 5).

Figure 5: Existing Land Use Designation
The LDR land use designation requires a density range of 2.1 to 8.0 dwelling units per acre.

The project meets these density and land use requirements as the 197 units creates a density of 4.9 dwelling units per acre. Per the General Plan, the LDR land use designation allows substantial flexibility in selecting dwelling unit types and parcel configurations to suit particular site conditions and housing needs. The types of development anticipated in LDR includes small and clustered residential lots, as well as conventional large lot detached homes. The Dutra Subdivision proposes detached traditional single family lots that area ATTACHMENT 11

between 4,000 and 6,000 square feet. These lot sizes make the subdivision consistent with the intent of the LDR land use designation.

The Park (P) land use designation provides for neighborhood, community, and regional parks, golf courses, and other outdoor recreational facilities within urban development. The specific uses within the park can vary, but can include items like ball fields, tot lots, play apparatus’, community centers, meeting facilities, trails, benches, interpretive markers, picnic areas, and other amenities typically found in a park. The proposed Park in the Dutra Subdivision project will have 2.92 acres of parkland, with .56 acres reserved for upland use.

The park will have recreational areas, flexible use space, sports courts, active play areas, and any other amenity that the Parks Division deems necessary for the subdivision. This park meets the intent of the Park land use designation as defined in the General Plan.

In addition to complying with the LDR and P land use designations regarding density and use, the proposed project complies with the following General Plan goals and policies:

1. Community Design Policy CD-P-7: The City shall implement neighborhood design standards in the Residential districts that contribute to the overall character of the neighborhood by emphasizing traditional residential features that enhance the sense of community, ensure a safe pedestrian orientation, and minimize the visual prominence of garages.

Analysis: The conditions of this annexation require that the proposed neighborhood have elements like enhanced visible edges, enhanced project entries, ample community open space, and well-planned circulation for both pedestrians and vehicles. The proposed subdivision has appropriate vehicular and pedestrian connections to the neighborhood to the north and there are stubbed streets for future connections to those areas of the City not yet annexed. Required compliance to the City’s landscaping and lighting requirements will ensure a safe pedestrian experience in the neighborhood.

2. Community Design Goal CD-3: Establish distinct, attractive identities for neighborhoods, gateways, and commercial areas.

Analysis: The future subdivision will be required to provide a variety of architectural styles to create attractive streetscapes and develop an identity for this area of the city. Through cohesive, unique, and visually pleasing architecture, the project will be an inviting entrance into the southern half of the City. Detailed visual edges through varied roof design and rear elevation architecture will not ensure that there is no “back” to this subdivision. The project entries will have enhanced landscaping and defined entry features like trellis and pilasters to clearly indicate when individuals have entered the community.

3. Parks and Recreation Policy PF-P-46: The City shall expand the community and neighborhood park system with the goal of providing neighborhood park facilities within reasonable walking distance of all city residential areas.

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Parks and Recreation Policy PF-P-47: The City shall use joint development of park and drainage detention basins in the development of neighborhood parks.

Parks and Recreation Policy PF-P-49: City park acquisition and development efforts shall be based on a goal of 5 acres of developed neighborhood and community parkland per 1,000 residents within the city limits.

Analysis: There will be 3.81 acres of parkland that will be combined with the Wackerly basin to the north of this site. This area combined with the upland area will provide the community with new green space in the southern area of the City. The proposed amount of park space and upland area adheres to the General Plan minimums. The joint development of park and drainage detention basin will provide the practical and required use to handle storm water, but in the dry season will serves as another green space for community recreation.

4. Street System Policy C-P-15: The City shall promote infill development that completes gaps in the circulation system.

Analysis: This subdivision will complete the roadway and sidewalk improvements that are currently missing along South Oleander Avenue.

5. Community Design Policy CD-P-44: Provide minimal levels of street, parking, building, site and public area lighting to meet safety standards and provide direction.

Analysis: This subdivision is required to provide minimum levels of site lighting in compliance with the Zoning Ordinance. The improvement plans showing lighting information will also be compliant with the regulations regarding nearby sensitive users and will avoid light-spillover onto the neighboring homes to the north and east.

The lighting plan for the project will provide directional shielding for all exterior lighting to minimize the annoyance of direct or indirect glare, which will be an added benefit for the neighboring residences.

Based on the above goals and policies, it is clear that the annexation and subdivision is consistent with the General Plan.

ZONING ORIDNANCE CONFORMANCE
Tentative Subdivision Map
The subdivision of land is governed by the Subdivision Map Act and Title 16 of the Manteca Municipal Code. The Planning Commission may recommend approval for a Tentative Subdivision Map if the Subdivision Map Act findings from Section 66474 of the Map Act can’t be made. In addition to the Title 16 findings, four more findings found in Chapter 16.09.040 of the Municipal Code must be made. The Subdivision Map Act findings and the additional findings in Chapter 16.09.040 of the Municipal Code are discussed below:

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Subdivision Map Act (66474)
A legislative body of a city or county shall deny approval of a tentative map, if it makes any of the following findings:
a) That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451.

Analysis: This project is consistent with the General Plan land use designations of LDR and Park in that the entire density of the site is 4.9 du/a, which is between the minimum density of 2.1 and maximum density of 8.0 du/a. The applicant is also providing more park acreage than is required in the General Plan. The design conditions placed in the Conditions of approval will ensure that future homes will comply with the LDR land use regulations. This project is not a part of a Specific Plan. b) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

Analysis: The project’s subdivision design complies with the intent of the General Plan to allow a variety of housing types in the LDR land use designation. The range in lot sizes is exactly what the General Plan encourages in the LDR land use category. This project is not part of a Specific Plan.
c) That the site is not physically suitable for the type of development.

Analysis: The site is physically suitable for this type of development. It is relatively flat with no physical impediments or restrictive easements. Road infrastructure and services are already available at this site, making it suitable for this type of development.
d) That the site is not physically suitable for the proposed density of development.

Analysis: The required density for this parcel is 2.1 to 8.0 dwelling units per acre.

This project meets the density requirements at 4.9 dwelling units per acre. Therefore, the site is physically suitable for the proposed density of the development. e) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

Analysis: As the lead agency for the Dutra Annexation project, the City prepared an Initial Study/Mitigated Negative Declaration in accordance with the California Environmental Quality Act (CEQA). While some impacts were identified, through the implementation of specific mitigation measures, those impacts can be mitigated to less than significant. There will be no injury to fish or wildlife or their habitat.

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f) That the design of the subdivision or type of improvements is likely to cause serious public health problems.

Analysis: As approved and conditioned, the design of this project will not cause serious health problems. This development will be required to comply with all standards, including performance standards, and regulations pertaining to health and safety found in the General Plan and Zoning Ordinance.
g) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

Analysis: This site has been found to have no conflicting easements on site.

Manteca Municipal Code Section 16.09.040
In addition to the requirements governing approval of the tentative map set forth in the Subdivision Map Act, the following considerations and findings shall be made:

A) Subject to the provisions of the California Environmental Quality Act of 1970, the State CEQA Guidelines, the City Council shall review and consider any applicable environmental documents.

Analysis: As the lead agency for the Dutra Annexation project, the City prepared an Initial Study/Mitigated Negative Declaration in accordance with the California Environmental Quality Act (CEQA). While some impacts were identified, through the implementation of specific mitigation measures, those impacts can be mitigated to less than significant. There will be no injury to fish or wildlife or their habitat.

B) In reaching a decision upon the tentative subdivision map, the City Council shall consider the effect of that decision on the housing needs of the region and balance these needs against the public service needs of its residences and available fiscal and environmental resources.

Analysis: The project will provide the opportunity to create new housing in the City of Manteca. The 197 homes will provide a variety of lot sizes and housing types to ensure full access to housing to the public. While the site is technically outside of City limits until the annexation is approved, City services are near the project site and can be easily accessed for the new community. The project is estimated to generate a total of approximately a surplus for the General Fund at buildout. There are no significant impacts on the environment expected with the buildout of this project.

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C) In reaching a decision upon the tentative subdivision map, the City Council shall consider the design of the subdivision as it provides for future passive and natural heating or cooling opportunities in the subdivision, as required by Government Code Section 66473.1.

Analysis: Future buildings will have windows on all facades on both stories, to optimize the potential for passive cooling. This project will also be required to comply with any applicable California Building Code requirements that may promote passive and natural heating or cooling.

D) The tentative subdivision map may be approved or conditionally approved by the City Council if it finds that the proposed land division, together with the provisions for its design and improvement, is consistent with the general plan, any applicable specific plan, and all applicable provisions of this code.

Analysis: As discussed in this staff report, the project is consistent with the General Plan land use designations of LDR and P, and supports many General Plan goals and policies. The project will also be required to be consistent with the Zoning Code Requirements for small-lot development.

Based on the above findings, Staff believes that the Planning Commission is able to recommend approval of the Tentative Map to the City Council.

CLIMATE ACTION PLAN CONFORMANCE
On October 15, 2013, the Manteca City Council approved and adopted the Air Quality Element Update and Climate Action Plan in response to the passing of Assembly Bill AB32.

The intent of this plan is to reduce overall greenhouse gas emissions in both private and public sector development.

The project complies with the following Climate Action Plan strategies:

1. CAP Strategy: Compact Development CD-1: The City shall encourage projects consistent with the development densities allowed by the General Plan and are contiguous to existing development meet compact development criteria.

Analysis: This project is consistent with the development density allowed in the LDR land use designation, and it is contiguous to existing residential development to the north and east. It is a thoughtfully laid out project

2. CAP Strategy: Pedestrian Oriented Development POD-2: The City shall require sidewalks and/or pedestrian paths in all residential projects. The sidewalks should be wide enough to allow side-by-side walking and room for passing to increase comfort and convenience for walkers (5 to 6 feet).

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Analysis: The project will have five foot sidewalks throughout the subdivision and there will be enhanced landscaping on the collector streets. The five foot sidewalks will allow for side-by-side walking and room for passing. The project will also be providing public improvements on South Oleander Avenue where there are currently gaps in the network.

3. CAP Strategy: Water Conservation (WC) WC-1: The City shall continue to implement water conservation measures to comply with the Model Water Efficient Landscape requirements that implement the Water Conservation in Landscaping Act of 2006 (Assembly Bill 1881, Laird).

Analysis: The front yards of the homes will utilize low-water-use planting. This project is required to comply with the Model Water Efficient Landscape Ordinance, per Assembly Bill 1881.

4. Municipal Strategies - Urban Forestry (UF) UF-2: The City of Manteca will consider the following goals and actions when revising its urban forestry program:
• Increase public and private tree plantings citywide
• Use canopy trees along new major roadways and in new developments Analysis: This project will increase the amount of both public and private tree plantings and will use flowering trees along South Oleander and Peach Avenue. The project will require all front yards to have landscaping, including a tree, which will significant cut down on the heat-island effect.

ENVIRONEMNTAL CLEARANCE
As the lead agency for the Dutra Annexation project, the City of Manteca prepared an Initial Study to determine whether the proposed project may have a significant adverse effect on the environment. The Initial Study and Proposed Mitigated Negative Declaration (IS/MND) indicate that there could be some significant adverse effects on the environment, there will not be a significant adverse effect in this case because the project has incorporated specific provisions to reduce impacts to a less than significant level and/or the mitigation measures described in the IS/MDN have been added to the project through the certification of the Mitigation Monitoring and Reporting Program and the Conditions of Approval.

The IS/MND was circulated for a public review period from July 9, 2022 to August 9, 2022.

The City received three comment letters. The comments received on the environmental document were related to the scope of the traffic study, tree mitigation, and water regulations. These comment letters and responses to these comment letters are attached to this staff report.

The IS/MND is available for review on the City’s website here:

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https://www.ci.manteca.ca.us/CommunityDevelopment/Planning%20Division/Pages/Planni ng-Division-Documents.aspx
Based on the facts and finding presented in this staff report, staff believes that the Planning Commission can make the necessary recommendation to the City Council to adopt the IS/MND, and approve the Annexation, Pre-Zoning, and Tentative Subdivision Map for the Dutra Annexation Project.

Report prepared by: Lea C. Simvoulakis, Planning Manager Attachments:

2. Planning Commission Resolution No. 1611
a. Exhibit A Annexation Legal Description
b. Exhibit B Fiscal Analysis
c. Exhibit C Pre-Zoning Map
d. Exhibit D Tentative Map
e. Exhibit E Conditions of Approval
f. Exhibit F MMRP

3. Comment Letters and Response to Comments for the IS/MND Reviewed and Approved by:
/s/ 9/8/2022
Chris Erias, Development Services Director Date
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M EMORANDUM
To: Michael Kiper, KDH Group, LLC
From: Jamie Gomes and Sean Fisher
Subject: Dutra Property Fiscal Impact Analysis;
EPS #212095
Date: February 28, 2022
Introduction
KDH Group, LLC (Applicant) retained Economic & Planning Systems, Inc. (EPS) to evaluate the fiscal impacts of the proposed Dutra Property Development (Project) on the City of Manteca (City). The Project is anticipated to be a
residential development project on an approximately

34.6-acre site, located adjacent to the city limits. The site is located in unincorporated San Joaquin County (County), within the City’s Sphere of Influence but is anticipated to be annexed into the City before development. This
memorandum summarizes an evaluation of the fiscal
impacts of the Project on the City.

This fiscal impact analysis (Analysis) examines the Project’s estimated fiscal impact on the City’s annual General Fund budget. Specifically, the Analysis estimates whether
projected revenues from the Project will adequately cover the costs of delivering citywide services (e.g., general government, public protection, and parks and recreation) to the Project’s residents. The Analysis is based on the assumption that these services will be provided by the City.

It is assumed that the Project will annex into the City before development. The Analysis assesses two potential tax-sharing agreements that may be entered into by the
City and the County at the time of annexation. The base scenario reflects a tax-sharing scenario based on the
master tax-sharing agreement entered into between the
City and the County, dated November 2018. The master
tax-sharing scenario assumes 80 percent of eligible
property tax revenues will be allocated to the County and the remaining 20 percent will be retained by the City.

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Memorandum: Dutra Property Fiscal Impact Analysis
February 28, 2022
Page | 2
Economic & Planning Systems, Inc. (EPS) 212095 City Fiscal M02 02-02-22 In addition to the base scenario, the Analysis assesses the Project impacts under an alternative tax-sharing agreement scenario with 60 percent of eligible property tax revenues being allocated to the County and the remaining 40 percent being allocated to the City, consistent with the agreement reached for the recent Griffin Park Project annexation.

The technical analysis is attached to this memorandum. The technical analysis, including data, assumptions, and detailed calculations underlying the Analysis, is provided in Appendices A through D.

Project Overview
The Project is anticipated to develop on an approximately 34.6-acre vacant site, located adjacent to the city limits, north of Peach Avenue between Airport Way and Oleander Avenue. The Project is anticipated to contain 197 single-family dwelling units.

Table A-2 in Appendix A summarizes the Project’s land use plan at buildout.

Overview of Results
Under the base scenario, the Analysis yields the following results as summarized in Table 1. Table 2A provides a detailed line-item listing of City General Fund revenues and expenditures resulting from buildout of the Project under the Master Tax-Sharing Scenario. Table 2B provides a detailed line-item listing of revenues and expenditures under the Alternative Tax-Sharing Agreement Scenario:
• Buildout of the Project is estimated to yield a marginal net fiscal surplus for the City’s General Fund under the Master Tax-Sharing Scenario. At buildout, the Project is estimated to generate a net annual General Fund surplus of approximately $75,000. The Analysis estimates the Project will generate about $260,000 in net, new, annual City General Fund revenues and will require about $185,000 in annual City General Fund service costs.
• Under the Alternative Tax-Sharing Agreement Scenario, the Project is estimated to result in a fiscal surplus to the City. As shown in Table 2B, At buildout, the Project is estimated to generate a net annual General Fund surplus of approximately $160,000. Under the Alternative Tax-Sharing Agreement Scenario, the Analysis estimates the Project will generate about $345,000 in net, new, annual City General Fund revenues and will require about $185,000 in annual City General Fund service costs.

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Table 1
Dutra Property
Fiscal Impact Analysis
Summary of Annual Surplus/Deficits (2020$)
Item
Annual Fiscal Impact
Annual General Fund Revenues $260,000
Annual General Fund Expenditures $185,000
Net General Fund Surplus/(Deficit) $75,000
sum
Source: EPS.

Estimated Annual
Revenues/Expenditures
(Rounded)
Master Tax Share
Agreement Scenario
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Table 2A
Dutra Property
Fiscal Impact Analysis
Item
Annual General Fund Revenues
Property Taxes $84,200
Property Tax In-Lieu of Vehicle License Fees $98,800
Real Property Transfer Tax $10,000
Sales and Use Taxes $44,400
Public Safety Sales and Use Tax $1,300
Transient Occupancy Tax $6,600
Licenses and Permits -
Business Licenses $4,100
Franchise Fees $11,000
Total General Fund Revenue $260,400
Annual General Fund Expenditures
General Government
Legislation and Policy $1,000
Legal Services $600
City Administration $500
Public Works Administration $100
Non Departmental $5,700
Human Resources $1,000
Fiscal and Revenue Management $600
Economic and Community Development $200
Fleet Maintenance $300
Subtotal General Government $10,000
Public Safety
Police Protection $97,600
Animal Services $1,000
Fire Protection $47,700
Subtotal Public Safety $146,300
Parks, Recreation, and Community Services
Parks Maintenance $18,300
Library $800
Recreational and Senior Services $6,200
Subtotal Parks, Recreation, and Community Svc $25,300
Public Utilities
Storm Drainage $400
Subtotal Public Utilities $400
Transportation
Streets $2,600
Subtotal Transportation $2,600
Total General Fund Expenditures $184,600
Net General Fund Surplus/(Deficit) $75,800
det sum
Source: EPS.

Estimated Annual Revenues /
Expenditures (Rounded)
Master Tax Share Agreement
Scenario
Estimated Annual Revenues and Expenditures -
Master Tax Share Agreement Scenario (2020$)
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Table 2B
Dutra Property
Fiscal Impact Analysis
Item
Annual General Fund Revenues
Property Taxes $168,400
Property Tax In-Lieu of Vehicle License Fees $98,800
Real Property Transfer Tax $10,000
Sales and Use Taxes $44,400
Public Safety Sales and Use Tax $1,300
Transient Occupancy Tax $6,600
Licenses and Permits -
Business Licenses $4,100
Franchise Fees $11,000
Total General Fund Revenue $344,600
Annual General Fund Expenditures
General Government
Legislation and Policy $1,000
Legal Services $600
City Administration $500
Public Works Administration $100
Non Departmental $5,700
Human Resources $1,000
Fiscal and Revenue Management $600
Economic and Community Development $200
Fleet Maintenance $300
Subtotal General Government $10,000
Public Safety
Police Protection $97,600
Animal Services $1,000
Fire Protection $47,700
Subtotal Public Safety $146,300
Parks, Recreation, and Community Services
Parks Maintenance $18,300
Library $800
Recreational and Senior Services $6,200
Subtotal Parks, Recreation, and Community Svcs $25,300
Public Utilities
Storm Drainage $400
Subtotal Public Utilities $400
Transportation
Streets $2,600
Subtotal Transportation $2,600
Total General Fund Expenditures $184,600
Net General Fund Surplus/(Deficit) $160,000
det sum
Source: EPS.

Estimated Annual Revenues /
Expenditures (Rounded)
Alternative Tax Share Scenario
Estimated Annual Revenues and Expenditures -
Alternative Scenario (2020$)
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Memorandum: Dutra Property Fiscal Impact Analysis
February 28, 2022
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Economic & Planning Systems, Inc. (EPS) 212095 City Fiscal M02 02-02-22 Methodology and Assumptions
This section details the underlying methodology and assumptions used to estimate the fiscal impact of the Project on the City. It describes assumptions concerning municipal service delivery, land development, and General Fund budgeting. In addition, it details the methodology used to forecast the Project’s General Fund revenues and expenditures at buildout.

Municipal Service Provision
This Analysis examines the Project’s ability to generate adequate revenues to cover the City’s costs of providing public services to the Project. The services analyzed in this Analysis comprise General Fund services (e.g., public safety, parks, general government).

The Analysis excludes any services that may be funded privately, such as common area maintenance costs, which may be funded through a Homeowners’ Association (HOA) or other private mechanisms. The Analysis also excludes publicly administered service and maintenance costs such as landscaping, lighting, drainage, or roadway that are anticipated to be funded through other funding mechanisms. This Analysis also does not address activities budgeted in other City Governmental Funds or Proprietary Funds, nor does it include an evaluation of capital facilities or funding of capital facilities needed to serve new development.

General Assumptions
The Analysis is based on the City’s Budget for Fiscal Year (FY) 2020–21, including mid-year budget adjustments provided by City staff, tax regulations, statutes current as of November 2021, and other general assumptions discussed herein.

Each revenue item is estimated based on current State of California (State) legislation and current City practices. Therefore, the Analysis reflects the current State-local fiscal relationship as it exists at the time the Analysis was completed.

Future changes by either State legislation or City practices may affect the revenues and expenditures estimated in this Analysis. All costs and revenues are shown in constant 2020 dollars. General fiscal and demographic assumptions are detailed in Table A-1 in Appendix A.

EPS consulted the City’s budget documents to develop forecasting methodologies for specific revenues and expenditures affected by new development in the proposed Project. In addition, EPS consulted with City staff to clarify budget data and review assumptions and Analysis results. This Analysis also used information from the following sources: Project Applicant, County Assessor and AuditorController, State Department of Finance (DOF), State Board of Equalization (BOE), the U.S. Bureau of Labor Statistics (BLS), and subscription-based data sources (e.g., CoStar).

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Memorandum: Dutra Property Fiscal Impact Analysis
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212095 City Fiscal M02 02-02-22 Economic & Planning Systems, Inc. (EPS) The actual fiscal impacts of new development in the Project will vary from those presented in this Analysis if development plans or other assumptions (e.g., assessed valuations, sales tax revenue assumptions) change from those presented in this Analysis.

General Fund Revenue- and Expenditure-Estimating Assumptions This Analysis considers only discretionary General Fund revenues that will be generated by the Project. Offsetting revenues, which are General Fund revenues that are dedicated to offset the costs of specific General Fund department functions, are excluded from this Analysis. Departmental costs funded by offsetting revenues or not affected by development also are excluded from this Analysis. Calculations used to exclude offsetting revenues from total annual revenues in the Analysis were reviewed by City staff and are shown in Table B-1 in Appendix B. Calculations to estimate annual expenditures, net of offsetting revenues, are shown in Table C-1 in Appendix C.

Development Assumptions
Listed below are brief summaries of land use and other development-related assumptions:
• Land Use: The Project is entitled to accommodate single-family residential units, as described above.
• Residential and Employee Estimates: Residential population is calculated using an average persons-per-household factor of 3.18 for single-family residential units, based on data provided by the U.S. Census American Community Survey, 2019 estimates. In estimating certain annual revenues and expenditures (service demands) related to the Project, EPS developed a “persons-served” population estimate to approximate the impacts of an employee in the Project relative to a Project resident. EPS uses a factor of

0.5 employees plus all residents to derive the Project’s persons-served population. As the Project contains no commercial uses, the Project’s persons served is equal to Project residents. Table A-3 in Appendix A shows the estimated residents and persons served generated by the Project. • Project Assessed Value: The estimated assessed valuation of residential development is based on Project-specific value assumptions provided by the Project Applicant. Estimated buildout assessed values for the Project are calculated in Table D-2 in Appendix D.

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Economic & Planning Systems, Inc. (EPS) 212095 City Fiscal M02 02-02-22 • Property Turnover Rates: The Analysis is based on the assumption that a for-sale owner-occupied residential unit would turn over once every 7 years. • Income of Households: The average household income for residential units in the Project is used to forecast household retail expenditures. As shown in Table D-3 in Appendix D, this calculation was derived using the following assumptions and data inputs:
— Estimated home value.
— Assumed 5 percent, 30-year, fixed-rate mortgage with a 20 percent down payment and 2 percent annual taxes and insurance for owner-occupied residential units.
— Monthly HOA dues for owner-occupied units.
— Estimated 35 percent of income dedicated to mortgage payments, taxes, and insurance.

Revenue-Estimating Methodology
EPS used either a marginal-revenue case-study approach or an average-revenue approach to estimate Project-related revenues.

The marginal-revenue case-study approach simulates actual revenue generation resulting from new development. The case-study approach for estimating sales and use tax revenues, for instance, forecasts market demand and taxable spending from the Project’s new residents. Case studies used in this Analysis are discussed in greater detail later in this section.

The average-revenue approach uses the City’s FY 2020-21 budgeted revenue amounts on a citywide per-persons-served basis to forecast revenues derived from estimated residents and employees of the Project.1 Revenue sources not expected to increase as a result of development are excluded from this Analysis. These sources of revenue are not affected by development because they are either one-time revenue sources not guaranteed to be available in the future or there is no direct relation between increased employment growth and increased revenue.
1 A per-persons-served basis of estimating revenues is used to take into account that businesses (and their employees) have a fiscal impact on many City revenues but at a lower level than residential development’s impact. As the Project does not include commercial land uses, the persons served is equal to Project residents.

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February 28, 2022
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212095 City Fiscal M02 02-02-22 Economic & Planning Systems, Inc. (EPS) A listing of all included City revenue sources and the corresponding estimating procedure used to forecast future Project revenues is shown in Table B-1 in Appendix B. A summary of estimated annual General Fund revenues generated by the Project is provided in Table B-2.

Property Tax
Estimated annual property tax revenue resulting from development in the Project is presented in Table B-3 in Appendix B. To be consistent with the City’s budget data, the estimated assessed values for Project land uses are assumed to remain static in 2020 dollar values—real growth in assessed value is not estimated.

The Project site is located in Tax Rate Areas (TRA) 102-136 and 102-001, which are located in the unincorporated County. The Project is anticipated to annex into the City, and the Analysis includes 2 potential annexation scenarios reflecting 2 allocations of the 1 percent ad valorem property tax to be retained by the City and the County following development. The Base Scenario is the Master TaxSharing Agreement Scenario, assuming 80 percent of eligible funds will be retained by the County and the remaining 20 percent will be retained by the City, after any Educational Revenue Augmentation Fund (ERAF) adjustments. The Alternative Tax-Sharing Agreement Scenario is based on the assumption the County will receive a 60 percent share of eligible funds, with the remaining 40 percent retained by the City. The share of property taxes the City is assumed to receive from the Project is derived from the total assessed value of the Project and the estimated property tax allocation, as shown in Table D-1 in Appendix D.2
Property Tax in Lieu of Vehicle License Fees
A formula provided by the State Controller’s Office was used to forecast Property Tax in Lieu of Vehicle License Fees (PTIL VLF), which are calculated by taking the percentage increase of the City’s assessed value resulting from the Project and applying that percentage share to the City’s current State allocation of PTIL VLF.

This calculation is shown in Table B-3 in Appendix B.

Real Property Transfer Tax
Real property transfer tax is based on the assessed value of the Project’s land uses and the anticipated turnover of residential properties over time. As stated earlier, the Analysis is based on the assumption the Project’s owner-occupied residential property will turn over 14.3 percent per year (or once every 7 years).

Real property transfer tax revenue projections are identified in Table B-4 in Appendix B.
2 Final amount subject to negotiation and agreement between the City and the County.

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Economic & Planning Systems, Inc. (EPS) 212095 City Fiscal M02 02-02-22 Sales Tax
Sales tax revenues are based on taxable sales generated in the City and the Bradley-Burns 1 percent local sales tax rate. The City has an additional voterapproved half-cent sales tax, Measure M, to be used for public safety expenditures. This Analysis includes only discretionary City General Fund expenditures; because Measure M funds are used for specific expenditures, the Measure M sales tax has been excluded from this Analysis. Estimated sales tax revenues to the City are summarized in Table B-5 in Appendix B.

For residential projects, EPS uses a Market Support Method, which measures taxable sales generated from new Project households and employees spending money within the City’s boundaries.

Market Support Method
New Households
This Analysis estimates retail expenditures of future residents in the Project by type of retail category and the share of expenditures estimated to be captured in the City (e.g., sales generated in the City’s retail establishments). The amounts and types of expenditures made by residents generally depends on their household income. Data for this Analysis are based on estimated Project resident incomes, household spending patterns, and retail demand and supply market conditions in the City.

Specifically, this Analysis estimates retail expenditures of future residents by:
• Estimating the total income of new households, based on projected home sales prices for new owner-occupied homes, housing costs, and estimated household income, as shown in Table D-3 in Appendix D. Estimated household incomes are based on the assumption that 35 percent of income is spent on housing costs.
• Evaluating Consumer Expenditure Survey (CES) data from the U.S. BLS, which reports the proportion of income spent on various household goods and services by income group.
• Translating the U.S. BLS data on household expenditures into retail store categories by North American Industry Classification System (NAICS) code.3 Sales prices for the Project’s owner-occupied homes are estimated at $645,000 per unit. Based on this estimated home sales price and monthly rent estimates, EPS estimated future household incomes of approximately $137,000. Typical household expenditure patterns from the U.S. BLS’ CES suggests, at these income 3 The NAICS classifies retail stores into 12 categories. Although not classified under retail trade, Food Services and Drinking Places typically are considered part of retail in retail market analyses.

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February 28, 2022
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212095 City Fiscal M02 02-02-22 Economic & Planning Systems, Inc. (EPS) levels, Project residents are estimated to spend 23 percent of their household income on taxable retail expenditures.

EPS estimates approximately 75 percent of household expenditures will be captured by retail outlets in the City. Refer to Table B-5A in Appendix B for more details.

Proposition 172
Public safety sales tax is collected on a countywide basis and allocated principally to the County, with a small portion of revenue allocated to incorporated cities in the County. This revenue source is used to fund police and fire services in the City. Estimated revenue from the City’s share of the County’s half-cent sales tax for public safety is shown in Table B-5.

Expenditure-Estimating Methodology
Expenditure estimates are based on the City’s FY 2020-21 budget and supplemental information from City staff.4 This Analysis estimates General Fund expenditures to the Project. General Fund department expenditures expected to be affected by the Project are forecasted using an average-cost approach, which uses the City’s FY 2020-21 budgeted expenditures on a citywide per-personsserved or per capita basis to forecast expenditures required to serve new development.

A listing of all City General Fund expenditures and the corresponding estimating procedure used to forecast future Project expenditures is shown in Table C-1 in Appendix C. A summary of estimated annual expenditures required to serve the Project at buildout is provided in Table C-2.

Average-Cost Expenditures
Expenditures that are affected by residents and employees are projected using a per-person-served average cost multiplier. These expenditures include all departmental expenditures, except parks, recreation, and community service expenditures, which are estimated using a per capita average cost multiplier because these services generally are demanded by residential development only.

For general government and public utility expenditures, an adjustment of 50 percent is made to account for fixed costs not expected to grow with Project development.
4 This Analysis primarily is based on the City’s FY 2020-21 budget, updated to reflect mid-year budget adjustments, as provided by City staff.

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February 28, 2022
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Economic & Planning Systems, Inc. (EPS) 212095 City Fiscal M02 02-02-22 Technical Appendices
The technical calculations used in this Analysis are shown in Appendices A through D (Tables A-1 through D-3):
• Appendix A indicates the proposed land uses and general assumptions used in this Analysis.
• Appendix B identifies the projected revenues that will be generated by the Project for the City’s General Fund.
• Appendix C details the estimated expenditures for the City to provide General Fund services to the Project.
• Appendix D shows the projected assessed value of the Project, which serves as the basis for calculating property tax revenues. In addition, this appendix provides detail on the portion of the Assembly Bill 8 allocation of property tax revenues provided to the City and includes the calculation of estimated average household income.

ATTACHMENT 11
APPENDICES:

Appendix A: General Assumptions
Appendix B: Revenue-Estimating Tables
Appendix C: Expenditure-Estimating Tables
Appendix D: Supporting Tables for Revenue
and Expenditure Analyses
ATTACHMENT 11
APPENDIX A:

General Assumptions
Table A-1 General Assumptions ........................................... A-1 Table A-2 Land Use Summary at Buildout ............................. A-2 Table A-3 Estimated Persons Served .................................... A-3 Table A-4 Analysis Assumptions ........................................... A-4 ATTACHMENT 11
Table A-1
Dutra Property
Fiscal Impact Analysis
General Assumptions
Item Assumption
General Assumptions
Fiscal Year FY 2020-21
General Demographic Characteristics
City of Manteca
Population [1] 84,800
Employees [2] 21,000
City of Manteca Persons Served [3] 95,300
gen assumps
Source: California Department of Finance; EDD; U.S. Census LED; EPS. [3] Persons served is defined as total population plus half of total employees. Used to estimate specific revenues and expenditures that are assumed to be impacted by growth in resident and employment populations and to avoid double counting of employees who reside in the City.

City of
Manteca
[1] Based on population estimates from the California Department of Finance (DOF) data for January 1, 2021.
[2] US Census Onthemap.ces.census.gov estimated a total of 18,767 jobs in Manteca, CA in 2018.

California EDD reports an annual average growth rate of 0.95% since 2018 for the Stockton-Lodi MSA.

EPS adjusted the 2018 employment figure to arrive at a 2021 employment estimate using this growth rate and further increased the total by 10% to account for self-employed workers. Estimate is rounded to the nearest hundred employees.

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A-1 ATTACHMENT 11
Table A-2
Dutra Property
Fiscal Impact Analysis
Total and Occupied Project Land Uses
Land Use Acres
Total
Dwelling
Units
Vacancy
Rate
Occupied
Dwelling
Units
Development Projections
Residential Land Uses
Single Family Residential 35 197 6% 185
Subtotal Residential 35 197 185
Total All Land Uses 35 197 185
lu
Source: North Star Engineering Group; EPS.

Project Land Uses
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Table A-3
Dutra Property
Fiscal Impact Analysis
Estimated Persons Served
Assumption
Land Use [1]
Project Residents
Residential Land Uses PPH
Single Family Residential 3.18 588
Subtotal Residential Land Uses 588
Total Resident Population 588
Project Persons Served 588
pop
Source: California Department of Finance; EPS.

Estimated
Population
[1] For persons per household assumptions, refer to Table A-4.

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Table A-4
Dutra Property
Fiscal Impact Analysis
Land Use Assumptions
Persons per
Estimated Property Household/
Assessed Turnover Vacancy Sq. Ft. per
Land Use Value [1] Rate [2] Rate [3] Employee [4]
Residential Land Uses per Unit
Owner-Occupied Residential
Single Family Residential $645,000 14.3% 6.0% 3.18
lu assum
Source: North Star Engineering Group; US Census; EPS.
[1] Assessed value based on the rounded estimated market value per unit as provided by the Project Applicant. [2] Owner-occupied residential assumed to turn over once every 7 years and renter-occupied residential is assumed to turn over once every 15 years.

City of
Manteca
[3] Residential vacancy rates obtained from the US Census American Community Survey, 2019 estimates, for the City of Manteca. [4] Persons per household figures obtained from the US Census American Community Survey, 2019 estimates.

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APPENDIX B:

Revenue-Estimating Tables
Table B-1 Revenue-Estimating Procedures ............................ B-1 Table B-2 Estimated Annual General Fund Revenues .............. B-2 Table B-3 Estimated Annual Property Tax Revenues ............... B-3 Table B-4 Real Property Transfer Tax Revenues ..................... B-4 Table B-5 Estimated Annual Sales and Use Tax Revenues ........ B-5 Table B-5A Estimated Annual Taxable Sales from Proposed Development, Market Support Method .................... B-6 ATTACHMENT 11
Table B-1
Dutra Property
Fiscal Impact Analysis
Revenue-Estimating Procedures Based on City of Manteca FY 2020-21 Budget (2020$) FY 2020-21 FY 2020-21
Budgeted Budgeted
Estimating Case Study General Fund Offsetting Net General Service Revenue Item Procedure Reference Revenues [1] Revenues Fund Revenues Population [2] Multiplier General Fund Revenues
Property Taxes Case Study Table B-3 $10,600,345 - $10,600,345 NA - Property Tax In-Lieu of Vehicle License Fees Case Study Table B-3 $7,228,240 - $7,228,240 NA - Real Property Transfer Tax Case Study Table B-4 $678,590 - $678,590 NA - Sales and Use Taxes Case Study Table B-5 $11,770,857 - $11,770,857 NA - Public Safety Sales and Use Tax Case Study Table B-5 $340,315 - $340,315 NA - Transient Occupancy Tax Persons Served - $1,062,469 - $1,062,469 95,300 $11.15 Licenses and Permits Persons Served - $252,635 ($252,635) - 95,300 - Business Licenses Persons Served - $667,000 - $667,000 95,300 $7.00 Franchise Fees Persons Served - $1,777,125 - $1,777,125 95,300 $18.65 Excise Tax [3] - $450,000 - $450,000 NA -
Intergovernmental [3] - $1,746,492 ($295,000) $1,451,492 NA - Charges for Services [3] - $8,699,849 ($4,940,845) $3,759,004 NA - Fines and Forfeitures Persons Served - $304,980 ($304,980) $0 95,300 - Use of Money & Property [3] - $920,000 - $920,000 NA -
All Other Revenue [3] - $57,650 - $57,650 NA -
Total General Fund Revenues $46,556,547 ($5,793,460) $40,763,087 Fund Reserves $8,315,434
Total General Fund Revenues (Incl. Reserves) $54,871,981 rev pro
Source: City of Manteca FY 2020-21 Final Budget including Midyear Budget Amendments (Current as of March 10, 2021); EPS. [1] Includes midyear budget amendments as provided by City staff, current as of March 10, 2021. [2] Refer to Table A-1 for details.
[3] This revenue source is not expected to be affected by anticipated development and therefore is not evaluated in this analysis.

City of
Manteca
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Table B-2
Dutra Property
Fiscal Impact Analysis
Estimated Annual General Fund Revenues (2020$)
Case Study
Revenue Category Reference
General Fund Revenues
Property Taxes Table B-3 $84,200
Property Tax In-Lieu of Vehicle License Fees Table B-3 $98,800 Real Property Transfer Tax Table B-4 $10,000
Sales and Use Taxes Table B-5 $44,400
Public Safety Sales and Use Tax Table B-5 $1,300
Transient Occupancy Tax - $6,600
Licenses and Permits - -
Business Licenses - $4,100
Franchise Fees - $11,000
Fines and Forfeitures - -
Total General Fund Revenue $260,400
rev
Source: City of Manteca FY 2020-21 Adopted Budget; EPS.

Estimated
Annual Revenue
(Rounded)
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Table B-3
Dutra Property
Fiscal Impact Analysis
Estimated Annual Property Tax Revenues (2020$)
Assumption/
Item Source Formula
Assessed Value of Project Table D-2 a $127,065,000
Property Tax Revenue (1% of Assessed Value) 1.0000% b = a * 1.00% $1,270,650 Estimated Property Tax Allocation [1]
City of Manteca General Fund 6.6282% c = b * 6.63% $84,221 Other Agencies/ERAF 93.3718% d = b * 93.37% $1,186,429
Total City of Manteca General Fund Property Tax e = c $84,221 Property Tax In-Lieu of Motor Vehicle In-Lieu Fee Revenue (VLF) Total Citywide Assessed Value [2] f $9,295,356,393
Total Assessed Value of Project g $127,065,000
Total Assessed Value h = f + g $9,422,421,393
Percent Change in AV i = g / f 1.37%
Property Tax In-Lieu of VLF [3] $7,228,240 j = i * $7,228,240 $98,808 prop tax
Source: City of Manteca; San Joaquin County Auditor-Controller; EPS.

Master Tax Share Agreement
Scenario
[2] Reflects Assessed Valuation for FY 2020-21. Includes Citywide secured, unsecured, homeowner exemption, and public utility roll.
[3] Property tax in-lieu of VLF amount derived from the City of Manteca FY 2020-21 Annual Budget. Refer to Table B-1 for details.
[1] Refer to Table D-1 for details.

Estimated
Property Tax
Revenues
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Table B-4
Dutra Property
Fiscal Impact Analysis
Real Property Transfer Tax (2020$)
Assumption/
Description Source
Rate per $1,000 of AV $0.55
Project Assessed Value Table D-2
Single Family Residential $127,065,000
Total Assessed Value $127,065,000
Turnover Rate
Single Family Residential 14.30%
Annual Transfer Tax Revenue [1]
Single Family Residential $9,994
Total Annual Transfer Tax Revenue $9,994
transfer
Source: City of Manteca; San Joaquin County Auditor-Controller; EPS.

Estimated Annual
Property Transfer Tax
Revenue
[1] Formula for Transfer Tax = Assessed Value/$1,000 * Rate per $1,000 of Assessed Value * Turnover rate.

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Table B-5
Dutra Property
Fiscal Impact Analysis
Estimated Annual Taxable Sales and Use Tax Revenue (2020$) Item Formula
Estimated Annual Taxable Sales
Annual Taxable Sales from Market Support (Residents) a $4,440,000 Annual Taxable Sales from New Development b = a $4,440,000 Annual Sales Tax Revenue
Bradley Burns Local Sales Tax Revenue c = b * 1.0000% 1.0000% $44,400 City of Manteca Prop 172 Public Safety Sales Tax Revenue [1] d = c * 2.8912% 2.8912% $1,284 sales
Source: City of Manteca; California State Board of Equalization; EPS.

Source/
Assumptions
Annual Sales
Tax Revenue
[1] Calculated as the ratio of Proposition 172 Public Safety Tax revenue to total sales tax revenue based on the FY 2020-21 Budget. Any variation in the relationship between Proposition 172 Public Safety Tax revenue and total sales tax revenue affecting the estimate of this revenue source is estimated to be nominal.

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Table B-5A
Dutra Property
Fiscal Impact Analysis
Estimated Annual Taxable Sales from Proposed Development, Market Support Method (2020$) Annual Taxable Sales from Market Support Assumption
Annual Taxable Sales from New Residents
Residential Development Table A-2 Occupied Dwelling Units Single Family Residential 185
Total Residential Development 185
Taxable Retail Expenditures per Household [1] Taxable Retail Expenditures Single Family Residential $32,000 $5,920,000
Total Taxable Retail Expenditures $5,920,000
Estimated Citywide Capture from New Households [2] 75% $4,440,000 Total Annual Taxable Sales from Market Support $4,440,000 sales a
Source: Costar; Gregory Group; Bureau of Labor Statistics; City of Manteca; EPS. [1] For details pertaining to resident estimates, refer to Table A-3.

Estimated Annual
Taxable Sales
[2] Represents the portion of household and employee retail expenditures estimated to take place within the City of Manteca.

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APPENDIX C:

Expenditure-Estimating Tables
Table C-1 Expenditure-Estimating Procedures ........................ C-1 Table C-2 Estimated Annual General Fund Expenditures .......... C-2 ATTACHMENT 11
Table C-1
Dutra Property
Fiscal Impact Analysis
Expenditure-Estimating Procedures Based on City of Manteca FY 2020-21 Budget (2020$) FY 2020-21 FY 2020-21 Population
Estimating Budgeted Less Offsetting Net City or Persons FY 2020-21 Adjustment Net FY 2019-20 Item Procedure Expenditures [1] Revenue Expenditures Served Avg. Cost Factor [2] Avg. Cost General Fund Expenditures
General Government
Legislation and Policy Persons Served $1,569,362 - $1,569,362 95,300 $16.47 10% $1.65 Legal Services Persons Served $920,326 - $920,326 95,300 $9.66 10% $0.97 City Administration Persons Served $1,276,411 ($475,458) $800,953 95,300 $8.40 10% $0.84 Public Works Administration Persons Served $1,709,398 ($1,554,893) $154,505 95,300 $1.62 10% $0.16 Non Departmental Persons Served $9,181,518 - $9,181,518 95,300 $96.34 10% $9.63 Human Resources Persons Served $1,644,221 - $1,644,221 95,300 $17.25 10% $1.73 Fiscal and Revenue Management Persons Served $1,713,751 ($822,631) $891,120 95,300 $9.35 10% $0.94 Economic and Community Development Persons Served $365,978 - $365,978 95,300 $3.84 10% $0.38 Fleet Maintenance Persons Served $450,675 - $450,675 95,300 $4.73 10% $0.47 Subtotal General Government $18,831,640 ($2,852,981) $15,978,659 Public Safety
Police Protection [3] Persons Served $19,436,258 ($840,780) $18,595,478 95,300 $195.13 85% $165.86 Animal Services Persons Served $450,319 ($252,635) $197,684 95,300 $2.07 85% $1.76 Fire Protection [3] Persons Served $10,890,170 ($1,792,064) $9,098,106 95,300 $95.47 85% $81.15 Subtotal Public Safety $30,776,747 ($2,885,479) $27,891,268 Parks, Recreation, and Community Services
Parks Maintenance Per Capita $2,988,546 ($55,000) $2,933,546 84,800 $34.59 90% $31.13 Library Per Capita $133,160 - $133,160 84,800 $1.57 90% $1.41 Recreational and Senior Services Per Capita $996,298 - $996,298 84,800 $11.75 90% $10.57 Subtotal Parks, Recreation, and Community Svcs $4,118,004 ($55,000) $4,063,004 Public Utilities
Storm Drainage Persons Served $671,420 - $671,420 95,300 $7.05 10% $0.70 Subtotal Public Utilities $671,420 - $671,420
Transportation
Streets Persons Served $474,170 - $474,170 95,300 $4.98 90% $4.48 Subtotal Transportation $474,170 - $474,170
Total General Fund Expenditures $54,871,981 ($5,793,460) $49,078,521 exp
Source: City of Manteca FY 2020-21 Final Budget including Midyear Budget Amendments (Current as of March 10, 2021); EPS. [1] Includes midyear budget amendments as provided by City staff, current as of March 10, 2021. [3] Police and Fire protection expenditures included reflect only City General Fund Police expenditures and excludes any Measure M funded expenditures (Fund 320) for one-time capital expenditures included in the public safety endowment fund (Fund 330).
[2] An adjustment factor may be used to reflect the fact that new residents may not increase certain General Fund department expenditures at a 1:1 ratio.Given the relatively small size of the Project, an adjustment factor has been applied to the average-cost multipliers for all categories to reflect the percentage of expenditures subject to increases, accounting for fixed costs and unique Project considerations.

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Table C-2
Dutra Property
Fiscal Impact Analysis
Estimated Annual General Fund Expenditures (2020$)
Expenditure Category
General Fund
General Government
Legislation and Policy $969
Legal Services $568
City Administration $494
Public Works Administration $95
Non Departmental $5,668
Human Resources $1,015
Fiscal and Revenue Management $550
Economic and Community Development $226
Fleet Maintenance $278
Subtotal General Government $9,864
Public Safety
Police Protection $97,574
Animal Services $1,037
Fire Protection $47,739
Subtotal Public Safety $146,350
Parks, Recreation, and Community Services
Parks Maintenance $18,316
Library $831
Recreational and Senior Services $6,221
Subtotal Parks, Recreation, and Community Svcs $25,368
Public Utilities
Storm Drainage $414
Subtotal Public Utilities $414
Transportation
Streets $2,634
Subtotal Transportation $2,634
Total Annual General Fund Expenditures $184,631
exp
Source: City of Manteca FY 2020-21 Adopted Budget; EPS.

Estimated Annual
Expenditures [1]
[1] Annual expenditure estimated on a per persons served or per capita basis.

Refer to Table C-1 for estimating procedure and Table A-4 for population estimates.

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APPENDIX D:

Supporting Tables for Revenue and
Expenditure Analyses
Table D-1 Estimated Property Tax Allocations for
Annexation Areas ............................................... D-1 Table D-2 Project Assessed Valuation .................................. D-2 Table D-3 Estimated Average Annual Household Income ........ D-3 ATTACHMENT 11
Table D-1
Dutra Property
Fiscal Impact Analysis
Preliminary Property Tax Allocations for Annexation Areas Tax Code Entity TRA 102-136 TRA 102-001 TRA 102-136 TRA 102-001 Total Formula a b e f g = e + f h i = h * $440,640 j = i / $1,329,596 Subject to Detachment
10001 County General 20.2936% 20.3260% $15,919 $254,311 $270,230 80% $352,512 26.51271% 10527 Road District 5 3.9784% 3.9792% $3,121 $49,785 $52,906 - $0 0.00000% 14901 Lathrop-Manteca Rural Fire 8.8461% 8.8369% $6,939 $110,564 $117,504 - $0 0.00000% 40200 City of Manteca 0.0000% 0.0000% - - 20% $88,128 6.62818% Subtotal 33.1181% 33.1421% $25,979 $414,661 $440,640 100% $440,640 33.14089% Not Subject to Detachment
10618 County Library 1.6391% 1.6394% $1,286 $20,512 $21,797 - $21,797 1.63940% 12601 Manteca Unified Schools 26.9372% 26.9423% $21,131 $337,088 $358,219 - $358,219 26.94194% 13001 S.J. Delta Comm College 3.6467% 3.6475% $2,861 $45,636 $48,496 - $48,496 3.64745% 13201 County Office Of Education 1.3178% 1.2896% $1,034 $16,133 $17,167 - $17,167 1.29113% 16001 Sjc Flood Control 0.1599% 0.1600% $125 $2,002 $2,127 - $2,127 0.15997% 21901 Sjc Mosquito Abatement 0.7179% 0.7180% $563 $8,983 $9,546 - $9,546 0.71798% 24601 South San Joaquin Irrigation 5.4166% 5.4116% $4,249 $67,708 $71,957 - $71,957 5.41197% 41100 ERAF 27.0467% 27.0495% $21,216 $338,430 $359,646 - $359,646 27.04928% Subtotal 66.8819% 66.8579% $52,465 $836,491 $888,956 0% $888,956 66.85911% Total 100.00000% 100.00000% $78,444 $1,251,152 $1,329,596 100% $1,329,596 100.00000% TRA
Source: San Joaquin County Auditor-Controller; EPS.
[1] Provided by the San Joaquin County Auditor-Controller. [2] Based on the master tax-sharing agreement between San Joaquin County and the City of Manteca entered into on November 2018.

Post-ERAF
Distribution
Master Tax Share Agreement
Scenario
Property Tax
Sharing
Agreement [2]
Post Annexation Average
Base
Revenue
Existing Tax Rate Area (TRA)
Post-ERAF Distribution [1]
Gross Revenue
(FY 2019-20) [1]
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Table D-2
Dutra Property
Fiscal Impact Analysis
Project Assessed Valuation (2020$)
Item
Development Projections in Current City Limits
Residential Land Uses per Unit
Single Family Residential $645,000 $127,065,000
Subtotal Residential $127,065,000
Total All Land Uses $127,065,000
av
Source: KDH Group; EPS.
[1] Refer to Table A-4 for details.

Rounded
Value per
Unit/Sq. Ft.
[1]
Total Assessed
Value (2020$)
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Table D-3
Dutra Property
Fiscal Impact Analysis
Estimated Average Annual Household Income (2020$)
Taxable Annual Taxable
Estimated Total Annual Estimated Expenditures Expenditures Home Mortgage Household as a Percentage per Household
Residential Land Use Value [1] or Rent [2] Income [3] of Income [4] (Rounded) Owner-Occupied Residential
Single Family Residential $645,000 $47,940 $137,000 23% $32,000 income
Source: KDH Group; Bureau of Labor Statistics; EPS.
[1] See Table A-4 for detail on estimated values for residential units. [4] Based on household expenditures data from the Bureau of Labor Statistics, 2018 Consumer Expenditure Survey.

City of
Manteca
[2] Based on a 5%, 30-year fixed-rate mortgage with a 20% down payment, $150 monthly Homeowner's association dues and 2% annual taxes and insurance.
[3] Assumes 35% of income dedicated to housing costs (mortgage, taxes, insurance, and HOA dues) or rent payments. Rounded to the nearest $1,000.

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Exhibit C- Pre-Zoning Map
ATTACHMENT 11
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MAIL

SOUTHWELL
PLACE
CABRAL
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DRYDEN PLACE
SALMON

LANE SEPHOS STREET FLOOD PLAIN FLOOD PLAIN
60' EX 60' WIDE SSJID EASEMENT TO BE ABANDONED EX PG&E EASEMENT C.N. 2006 243294 FUTURE CONNECTION TO AIRPORT WAY LOT C 11 12 8 9
7 LOT D 198 10
2 1
6 5
4 3 26 167 168 169 164 163 162 161 160 159 158 166 165 114 115 142 150 143 151 144 152 145 153 146 154 147 155 140 148 156 141 149 157 133 134 135 136 137 95 97 118 119 117 125 124 123 122 130 131 128 129 49 52 51 50 53 54 42 56 55 94 29 283433 27 323130 96 9293 899091 68 69 62 70 63 64 71 72 65 73 66 74 67 46 47 45 43 44 48 LOT B 85 77 84 76 83 75 82 81 80 87 79 86 78 121 132 108 107 120 18 13 25 17 24 16 23 15 22 14 21 20 19 102 101 100 99 98 104 103 61 60 59 58 57 38 39 40 41 36 37 88 35 126 127 116 LOT A PARK/BASIN 199 109 106 105 113 110111 112 139 138 171 173 172 170 175 176 174 195 196 193 194 186 190 188 189 187 LOT G 192177 178 181 182 180 179 184 185 183 191 50' 50'
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PEACH ROAD

OLEANDER AVENUE

STREET E

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STREET A

SUNGRAND DRIVE

STREET E

STREET E STREET C STREET B

STREET M

STREET J STREET D

STREET K STREET K STREET G

STREET L SATSUMA STREET

SUNGRAND
DRIVE STREET F 197 UPLAND AREA 0.56 Ac A1 A2
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APPROVED SHEET NUMBERDATE DESCRIPTIONS

REVISIONS
NO.

CALIFORNIA JOB #: DATE: SCALE: DRAWN: DESIGN: CHK'D:

PRELIMINARY: NOT FOR

CONSTRUCTION
PLOTTED: 02/16/2022 09:19 PLOTTED BY: Phurban
DWGNAME: F:\20-2737 Dutra Property Airport Way\Planning\TM\TM1.1.dwg TM1.1 COPYRIGHT © 2022 NORTHSTAR ENGINEERING GROUP, INC 20-2737 TPD KM/PMH AG02/16/2022

MANTECA,

DUTRA PROPERTY

TENTATIVE SUBDIVISION MAP
0 1" = 100 50 100 100' 1. ALL IMPROVEMENTS SHALL BE CONSTRUCTED AS PER THE CITY OF MANTECA STANDARD PLANS AND SPECIFICATIONS, EXCEPT AS NOTED. 2. STORM DRAINAGE: BY POSITIVE SYSTEM DISCHARGE TO ONSITE BASIN TO DISCHARGE TO CITY OF MANTECA STORM DRAINAGE SYSTEM. 3. SEWAGE DISPOSAL: BY CITY OF MANTECA SEWER SYSTEM. 4. WATER SUPPLY: BY CITY OF MANTECA. 5. EXISTING IRRIGATION: ALL EXISTING IRRIGATION LINES, STRUCTURES, AND APPURTENANCES WITHIN THE PROJECT BOUNDARY SHALL BE REMOVED OR ABANDONED PER SSJID STANDARDS AND SPECIFICATIONS. 6. STREET LIGHTING SHALL BE INSTALLED AS PER THE CITY OF MANTECA. 7. PUBLIC UTILITIES ARE TO BE INSTALLED UNDER GROUND IN EASEMENTS. 8. PUBLIC UTILITY EASEMENTS WILL BE PROVIDED ALONG ALL INTERIOR STREET FRONTAGES. 9. THE SUBDIVIDER HEREBY RESERVES THE RIGHT TO FILE "MULTIPLE SUBDIVISION MAPS" AS SET FORTH BY THE SUBDIVISION MAP ACT, ARTICLE 4, SECTION 66456.1, AND FILE PARCEL MAPS FOR REASON OF SALE. ALL PARCEL LINES SHALL CONFORM TO THE TENTATIVE MAP 10. BUILDING SETBACKS WILL BE AS PER CITY OF MANTECA MUNICIPAL CODE SMALL LOT STANDARDS TABLE 17.26.020-2. 11. ALL EXISTING STRUCTURES AND TREES ARE TO BE REMOVED. SEPTIC TANKS, LEACH FIELDS, AND WELLS ON SITE WILL BE REMOVED OR ABANDONED AS PER CITY OF MANTECA REQUIREMENTS UNLESS OTHERWISE SPECIFIED. 12. STREET INTERSECTION ANGLE NOT TO EXCEED 75° IN ACCORDANCE WITH CITY OF MANTECA. 13. BOUNDARY SHOWN IS PER RECORD INFORMATION ONLY AND IS SUBJECT TO CHANGE BASED ON FUTURE BOUNDARY SURVEYS. 14. BASIN TO BE SIZED IN ACCORDANCE WITH CITY OF MANTECA STORM DRAINAGE MASTER PLAN. A. REGULATORY AGENCY: CITY OF MANTECA 1001 W. CENTER STREET MANTECA, CA. 95337 B. APPLICANT: KDH GROUP, LLC 3200 DANVILLE BOULEVARD, SUITE 200 ALAMO CA. 94507 T: (925) 683-7052 CONTACT: DOUG LEDEBOER C. ENGINEER: NORTHSTAR ENGINEERING GROUP, INC 620 12th STREET MODESTO CA, 95354 T: (209) 524-3525 F: (209) 524-3526 CONTACT: TONY DE MELO D. ASSESSOR'S PARCEL NUMBERS: 226-170-08 (PORTION), 226-170-12, 226-170-13 E. EXISTING LAND USE: HOME SITE AND OPEN FIELD F. PROPOSED LAND USE: RESIDENTIAL G. EXISTING ZONING/ GP: AU-20 (COUNTY)/ LDR H. PROPOSED ZONING/ GP: R-1/ LDR I. TOTAL PROJECT SIZE: ±34.6 GROSS/NET ACREAGE J. TOTAL NUMBER OF LOTS: 199 K. PARKING: MINIMUM 2 GARAGE PARKING SPACES AND 2 DRIVEWAY PARKING SPACES PER LOT L. DENSITY: 5.8 UNITS PER NET ACRE M. TYPICAL LOT SIZE: 50' X 80' MINIMUM N. SETBACKS: SETBACKS ARE TO BE PER CITY OF MANTECA MUNICIPAL CODE 17.26.040, TABLE 17.26.020-2 SMALL-LOT SINGLE-FAMILY DEVELOPMENT STANDARDS. O. MAXIMUM COVERAGE: 60% P. CONTOURS: 1.0 FOOT INTERVALS Q. UTILITIES: WATER SYSTEM - CITY OF MANTECA SANITARY SEWER SYSTEM - CITY OF MANTECA STORM DRAINAGE - CITY OF MANTECA GAS - PG&E ELECTRIC - PG&E TELEPHONE - AT&T SCHOOL DISTRICT - MANTECA UNIFIED SCHOOL DISTRICT PROJECT INFORMATION SHEET INDEX 1. TM1.1 COVER AND CROSS SECTIONS SHEET 2. TM2.1 DIMENSIONS AND TOPOGRAPHY PLAN 3. TM2.2 UTILITY PLAN TENTATIVE SUBDIVISION MAP DUTRA PROPERTY SUBDIVISION MANTECA, CALIFORNIA REAL PROPERTY IN THE UNINCORPORATED AREA OF THE COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE EASTERLY 210 FEET OF LOT 20, AS SHOWN UPON MAP ENTITLED MAP NO. 5, CALIFORNIA NILE GARDEN FARMS, FILED FOR RECORD MAY 6, 1913 IN VOL. 7 OF MAPS AND PLATS, PAGE 12, SAN JOAQUIN COUNTY RECORDS. (SAID EASTERLY 210 FEET BEING MEASURED FROM THE CENTERLINE OF SAID OLEANDER AVENUE). APN: 226-170-130-000 LEGAL DESCRIPTION

COVER AND CORSS SECTIONS SHEET AS SHOWN GENERAL NOTES
ATTACHMENT 11
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26.4' 79.4' 79.4'

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94.4'88.6' 45.0' 80.0' 50.0' 67.7' 50.0' 103.2' 87.4' 52.0' 62.5' 68.8' 56.0'

50.0'

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50.6' 73.1' 80.0'

26.4' 120.0' 26.4' 158.7'
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120.0' 100.1' 15.1' 70.0' 70.0'
120.0' 48.8' 70.0' 71.4'
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47.3' 50.0' 50.0' 50.0' 50.0' 50.0' 46.0' 45.0' 80.0'

66.6' 80.0' 80.0' 80.0' 80.0' 80.0'

57.4'

62.8'

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68.8' 80.0' 59.8'

31.7'

99.8' 60.2' 59.8'

31.7'
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31.2'

36.7' 50.2' 50.2' 50.2'

69.5' 52.0' 50.6'

51.5'

93.0' 18.2'

19.3' 70.0'

42.7'

39.7'

48.4'
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75.6'

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58.4' 56.3' 50.0' 50.0' 50.0' 43.0' 80.0'

48.8'

75.5' 66.8' 6.5'
113.0'

63.0' 80.0' 80.0' 80.0'

70.6' 65.0' 80.0' 80.0'

44.9' 56.7' 56.5' 56.5' 56.5' 45.0' 80.0' 80.0' 80.0' 80.0' 80.0' 80.0' 80.0' 80.0'

56.1' 56.7' 56.5' 56.5' 56.5' 45.0'

80.3' 69.2'

60.1'

58.1'

56.5'

58.1'

80.3' 87.2' 50.2' 50.2' 50.2' 50.2' 50.2' 50.2'

80.3' 105.2'

80.3' 111.4'

50.5'

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80.3' 110.0'

80.3' 105.5'

24.8'

50.2' 50.0' 50.0' 50.2'

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80.3' 102.7'

82.9' 97.5' 50.0' 50.0'

50.1' 50.1'

80.3' 95.4'

99.6' 70.0' 80.0' 80.0'

55.0' 52.0' 52.0' 52.0' 52.0' 52.1' 80.0' 80.0' 80.0' 80.0' 80.0' 80.0' 80.0' 80.0' 78.5' 78.5'

51.3'

52.3'

43.8' 52.0' 52.0' 52.0' 52.0' 52.1' 65.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0'

94.4' 80.0'

50.5''

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31.4'

73.2' 60.0'

90.0' 80.0' 50.1'

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84.4' 80.0'
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81.8' 80.0'
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52.3'
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91.5' 79.5'
111.3' 80.0'
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50.2' 50.2' 50.2' 50.2' 50.2' 50.2' 26.7'
352.5' 29.8'

31.4' 45.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.1' 60.0' 60.0'

31.4'

31.4' 77.5' 50.0' 50.0' 60.0'

80.0'

54.3'

41.9'
101.1'

59.9'

31.4'

79.1'

50.8' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0'

80.0'

80.0'

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80.0' 50.0' 50.0' 52.0' 52.0' 52.0' 52.0' 52.0'

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52.3'

43.3'

81.1'

80.0'

80.0'

80.0'

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60.3' 44.6' 47.4'

50.3'
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125.4'
106.8'

37.7'

72.2' 31.3'

65.3'

50.2'

50.2'

50.2'

50.2'

80.3' 94.8'

50.2' 45.0'

80.3' 95.0'

80.3' 92.6'

80.3' 92.5'

62.1' 70.1' 31.4'

47.1'

50.2'

50.2'

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50.2'

29.6'

62.1'

58.4'

29.6'

33.3'

62.1'

58.4'

29.6'

33.3'

67.3'
100.5'

80.3' 61.6'

42.6'

50.0'

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31.4'

80.0'

80.0'

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50.0'

50.0'

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51.0'

51.0'

51.0'

51.0'

51.0'

51.0'

51.0'

51.0'

51.0'

51.0'

48.9'

80.0'

80.0'

80.2'

80.2'

80.1'

80.2'

80.1'

80.2'

80.0'

59.9' 31.4'

80.1'

80.2'

80.0'

80.1'

80.0'

80.1'

60.3'

31.3'

80.0'

80.1'

61.4'

54.0'

54.0'

54.0'

54.0'

44.4'

80.0'

67.4'

52.9'

80.0'

79.9'

79.9'

31.4' 59.9'

80.0'

80.4' LOT C 2230 SF 7022 SF 11 4760 SF 12 4000 SF 8 3868 SF 9 3999 SF 7 LOT D 2231 SF 198 28271 SF 4065 SF 10 4000 SF 2 4021 SF 1 3999 SF 6 4000 SF 5 4000 SF 4 4000 SF 3 3991 SF 26 8400 SF 168 8483 SF 169 8232 SF 167 5281 SF 164 4001 SF 163 4001 SF 162 4001 SF 161 4001 SF 160 4001 SF 159 3681 SF 158 9516 SF 166 6319 SF 165 5957 SF 95 3961 SF 97 4000 SF 118 4000 SF 119 4000 SF 117 4535 SF 125 4520 SF 124 4520 SF 123 4520 SF 122 4520 SF 130 4520 SF 131 4535 SF 128 4520 SF 129 3603 SF 4258 SF 49 50 5507 SF 51 5548 SF 52 5395 SF 53 5192 SF 54 4103 SF 42 4992 SF 55 4810 SF 56 3741 SF 29 3807 SF 94 4997 SF 28 4160 SF 34 4160 SF 33 6973 SF 27 4160 SF 32 4160 SF 31 4152 SF 30 6769 SF 96 4160 SF 92 4152 SF 93 4160 SF 89 4160 SF 90 4160 SF 91 5462 SF 68 5148 SF 5990 SF 69 62 4706 SF 70 4815 SF 63 4346 SF 71 5103 SF 64 4141 SF 72 5425 SF 65 3850 SF 73 5599 SF 66 3702 SF 74 5611 SF 67 4017 SF 47 4017 SF 46 4017 SF 45 4017 SF 44 4017 SF 43 4017 SF 48 LOT B 6500 SF 4000 SF 85 4000 SF 77 4000 SF 84 4000 SF 76 4000 SF 83 3999 SF 75 4000 SF 82 4000 SF 81 4000 SF 80 5114 SF 87 4000 SF 79 4000 SF 86 4000 SF 78 5114 SF 121 5114 SF 132 4527 SF 108 4825 SF 107 4954 SF 120 3728 SF 13 4000 SF 18 3886 SF 25 4000 SF 17 4000 SF 24 4000 SF 16 4000 SF 23 4000 SF 15 4000 SF 22 3996 SF 14 4000 SF 21 4000 SF 20 4000 SF 4160 SF 19 102 4160 SF 101 4160 SF 100 4160 SF 99 4104 SF 98 4000 SF 104 4160 SF 103 5945 SF 61 4758 SF 60 4689 SF 59 4613 SF 58 4683 SF 57 4017 SF 38 4017 SF 39 4017 SF 40 4098 SF 41 5154 SF 36 4017 SF 37 5190 SF 88 5751 SF 35 5281 SF 126 5842 SF 127 4204 SF 116 4000 SF 114 5121 SF 115 4080 SF 142 4087 SF 150 4081 SF 143 4088 SF 151 4081 SF 144 4088 SF 152 4082 SF 145 4089 SF 153 4083 SF 146 4090 SF 154 4084 SF 147 4091 SF 155 3998 SF 140 4085 SF 148 4263 SF 156 3999 SF 141 4086 SF 149 5196 SF 157 4573 SF 133 4319 SF 134 4318 SF 135 4317 SF 136 4316 SF 137 466.6' 222.8'
424.8'
331.2'

31.4'
LOT A PARK/BASIN 2.92 SF 97.7' 12.7' 50.7'
109.8' 158.7'

98.9'199 16023 SF 8134 SF 109 5707 SF 106 4249 SF 105 5009 SF 113 5956 SF 1106426 SF 111 6054 SF 112 4932 SF 139 5064 SF 138 3924 SF 197

84.6'

50.3'

51.2' 49.7'

95.6' 50.6'

80.0'

31.7' 40.1'

59.8' 13.6'

31.7' 80.0' 55.0' 55.0' 80.0' 80.0'
113.0' 97.4'

58.0' 57.0' 23.6'

47.8'

38.3' 52.0' 52.0' 37.7' 80.0' 80.0' 80.0' 36.7'

31.2'

91.1'

82.0'

90.5'

82.0'

55.2' 50.2' 50.2' 50.2' 50.2' 55.2' 180.1'

87.0'
101.5'

78.7'

91.2'

86.7'

82.0' 35.2'

42.0'

32.5' 49.3' 50.2'

82.0'

50.3' 51.2'

79.5'

42.0'

63.5' 29.8'

50.2' 50.1' 50.0'

31.2'

55.4'
105.4' 104.2'

54.2' 60.3' 59.8' 80.0'

37.7' 31.7' 55.0'

28.1'

35.5' 50.0' 50.0' 34.5' 31.2' 80.0' 80.0'

55.4'

55.6'

55.9' 59.8' 80.0' 4499 SF 171 4083 SF 172 4701 SF 173 4931 SF 170 4160 SF 175 4160 SF 176 4591 SF 174 3924 SF 197 4068 SF 196 4100 SF 193 4100 SF 194 4738 SF 186 4447 SF 190 4507 SF 188 4597 SF 189 4543 SF 187 4438 SF 1924511 SF 177 5305 SF 178 4000 SF 181 4000 SF 182 4285 SF 180 5959 SF 184 6523 SF 185 4335 SF 183 4544 SF 191

63.5' 61.9'
122.5' 96.5' 59.4' 50.0' 50.0' E.V.A.
50' 50'
50' 50'
60' 60' 40'
50'
60' 50' 50'
50'
56'
60'
60' 50'
60' 60' ±60'
60'
50' OFF-SITE STREET IMPROVEMENTS ALONG FRONTAGE OF OLEANDER AND PEACH TO BE BUILT WITH THIS PROJECT PEACH ROAD

OLEANDER AVENUE

STREET E

STREET I

STREET H

STREET A

SUNGRAND DRIVE

STREET E

STREET E STREET C STREET B

STREET M

STREET J STREET D

STREET K STREET K STREET G

STREET L SATSUMA STREET

SUNGRAND
DRIVE STREET F A1 TM1.1 A2 TM1.1
B
B
TM1.1
TM1.1

SOUTHWELL
PLACE
CABRAL
PLACE

DRYDEN PLACE
SALMON

LANE SEPHOS STREET

APPROVED SHEET NUMBERDATE DESCRIPTIONS

REVISIONS
NO.

CALIFORNIA JOB #: DATE: SCALE: DRAWN: DESIGN: CHK'D:

PRELIMINARY: NOT FOR

CONSTRUCTION
PLOTTED: 02/16/2022 11:06 PLOTTED BY: Phurban
DWGNAME: F:\20-2737 Dutra Property Airport Way\Planning\TM\TM2.1.dwg TM2.1 COPYRIGHT © 2022 NORTHSTAR ENGINEERING GROUP, INC 20-2737 TPD KM/PMH AG02/16/2022

MANTECA,

DUTRA PROPERTY

TENTATIVE SUBDIVISION MAP

DIMENSIONS AND TOPOGRAPHY PLAN AS SHOWN
0 1" = 80 40 80 80' LEGEND
ATTACHMENT 11

DCDA WB WB WV WVWV WV YIELD JP
STOP

STOP SP MAIL JPJPJPJPJP MAIL
35 MAIL JP STOP

AHEAD PP

W MAILMAIL MAIL MAIL MAIL MAIL MAIL MAIL SP ICV JP JP SP SP

MAIL WB TEL ELB WB ELB TEL WBWB

SLB ELB CATV ICV WB SLB

SLB ELB WVWV SLB SLB WB TEL TEL SP

SOUTHWELL
PLACE
CABRAL
PLACE

DRYDEN PLACE
SALMON

LANE SEPHOS STREET
EX8"W
EX12"SS
EX12"SD
EX12"SS
EX12"SD
A
8"W 6"SS 8"SS 6"SS 6"SS
8"SS
8"SS
6"SS
8"SS
8"SS 8"SS
6"SS
6"SS
6"SS
8"SS 8"SS
12"SD
18"SD
18"SD
18"SD
18"SD 12"SD
12"SD
12"SD
15"SD 15"SD 12"SD
6"SS
6"SS
6"SS
8"SS STUB SEWER AND WATER STUB WATER CONNECT TO EXISTING SEWER AND WATER CONNECT TO EXISTING WATER STUB WATER STUB WATER EX8"W
EX8"NP STUB SEWER AND WATER
8"SS OUTLET OUTLET OUTLET
EX10"SS EXPAND EXISTING WACKERLY ESTATES BASIN
12"SD 12"SD
12"SD OUTLET OUTLET STORM DRAIN TREATMENT AREA EXISTING OUTLET EXISTING OUTLET IRRIGATION WELL LOT C 11 12 8 9
7 LOT D 198 10
2 1
6 5
4 3 26 167 168 169 164 163 162 161 160 159 158 166 165 114 115 142 150 143 151 144 152 145 153 146 154 147 155 140 148 156 141 149 157 133 134 135 136 137 95 97 118 119 117 125 124 123 122 130 131 128 129 49 52 51 50 53 54 42 56 55 94 29 283433 27 323130 96 9293 899091 68 69 62 70 63 64 71 72 65 73 66 74 67 47 46 45 44 43 48 LOT B 85 77 84 76 83 75 82 81 80 87 79 86 78 121 132 108 107 120 13 18 25 17 24 16 23 15 22 14 21 20 19 102 101 100 99 98 104 103 61 60 59 58 57 38 39 40 41 36 37 88 35 126 127 116 LOT A PARK/BASIN 199 109 106 105 113 110111 112 139 138 171 173 172 170 175 176 174 195 196 193 194 186 190 188 189 187 LOT G 192177 178 181 182 180 179 184 185 183 1916"SS 6"SS
8"W 6"SS 6"SS 8"SS
8"SS 10"SS CONNECT TO EXISTING SEWER MANHOLE
12"W 12"W
12"W
12"W
12"W
8"W
8"W
8"W
8"W
8"W
8"W
8"W
8"W 8"W 8"W 8"W 8"W 8"W 8"W 8"W 8"W 8"W
12"W
10"SS
6"SS
8"SS
18"SD 12"W 8"W 8"W PEACH ROAD

OLEANDER AVENUE

STREET E

STREET I

STREET H

STREET A

SUNGRAND DRIVE

STREET E

STREET E STREET C STREET B

STREET M

STREET J STREET D

STREET K STREET K STREET G

STREET L SATSUMA STREET

SUNGRAND
DRIVE STREET F 197 UPLAND AREA 0.56 Ac STORM DRAIN DETENTION BASIN TOP = 22.6'' HWL = 21.2' BOT = VARIES BASIN VOLUME = 6.96 AC-FT TREATMENT VOLUME = 1.53 AC-FT TREATMENT AREA = 43,771 SF CONNECT TO EXISTING SEWER AND WATER 8"SS 12"SS 12"SS
EX12"W
EX54"SD
EX36"SS 12"SS 12"SS 12"SS 12"SS CONNECT TO EXISTING 12" SEWER STUB 12" SEWER STUB 10" SEWER STUB INFILTRATION WATER AREA NOTE: ALL STORMWATER REMAINING IN THE PIPE SYSTEM (STAGNANT WATER) AFTER THE STORM TO BE PUMPED TO THE UPPER TIER, BIO-RETENTION POND. GROUND WATER ELEV = ±15' HWL ELEV = 21.2' 4:1 INFILTRATION HWL = 18.3'
4:1 6:1 1.00' ROCK SECTION MUST CONSIST OF WASHED 1 - 2.5 INCH DIAMETER STONE 0.25' CALTRANS CLASS II AB PERMEABLE 1.5' MINIMUM PLANTING MEDIA CONSIST OF 70% SAND (ASTM C33) AND 30% COMPOST

APPROVED SHEET NUMBERDATE DESCRIPTIONS

REVISIONS
NO.

CALIFORNIA JOB #: DATE: SCALE: DRAWN: DESIGN: CHK'D:

PRELIMINARY: NOT FOR

CONSTRUCTION
PLOTTED: 02/16/2022 12:25 PLOTTED BY: Phurban
DWGNAME: F:\20-2737 Dutra Property Airport Way\Planning\TM\TM2.2.dwg TM2.2 COPYRIGHT © 2022 NORTHSTAR ENGINEERING GROUP, INC 20-2737 TPD KM/PMH AG02/16/2022

MANTECA,

DUTRA PROPERTY

TENTATIVE SUBDIVISION MAP

UTILITY PLAN AS SHOWN LEGEND BOUNDARY LINE CENTERLINE RIGHT-OF-WAY PARCEL LINE FLOW LINE EDGE OF PAVEMENT STORM DRAIN (MAIN) STORM DRAIN MAINTENANCE HOLE CURB INLET STORM DRAIN OUTLET WATER (MAIN) WATER VALVE FIRE HYDRANT SEWER MAINTENANCE HOLE SEWER (MAIN) SERVICE POLE IRRIGATION (MAIN) IRRIGATION STANDPIPE IRRIGATION CONTROL VALVE 0 1" = 80 40 80 80' PUBLIC UTILITY EASEMENT

SEE ABOVE SEE BELOW
0 1" = 80 40 80 80'
ATTACHMENT 11
1 City of Manteca Development Services Department
Conditions of Approval Dutra Annexation, Pre-Zone
and Tentative Subdivision Map
September 15, 2022
Project File Number: ANX21-55, PRZ21-56, SDJ21-57
Project Name: Dutra Annexation and Subdivision Map
Project Address: 4699 and 5151 East Peach Avenue; 20649 South Oleander Avenue
APNs: 226-170-08 (portion), -12, and -13
Property Owners: Shirley Dutra
18484 McKinley Avenue
Manteca, CA 95337
Maria Lopez
20649 Oleander Avenue
Manteca, CA 95337
Project Applicant: Michael Kiper
KDH Group, LLC
3200 Danville Boulevard, Suite 200
Alamo, CA 94507
This list of conditions is not intended to be all-inclusive or a comprehensive list of City regulations. All conditions are referenced to the Dutra Subdivision Map (dated February 16, 2022) on file with the City of Manteca, Development Services Department, Planning Division.

City of Manteca Development Services Department:

This Master Plan and Tentative Subdivision Map dated February 16, 2022, are approved subject to the following Conditions:

1. Acceptance of Tentative Subdivision Map. Unless the Subdivider formally objects to these conditions prior to approval of the Tentative Subdivision Map by the City Council, the Subdivider is bound by, to comply with, and to perform all ATTACHMENT 11
2 requirements of or by the Subdivider pursuant to all of the terms, provisions, and conditions of these Conditions of Approval. All costs associated with compliance with the conditions shall be at the owner/developer’s expense.

2. Expiration of Tentative Subdivision Map. This Tentative Subdivision Map approval shall automatically expire on October 18, 2024 or 24 months from and after the date of issuance. The date of issuance is the date this Tentative Subdivision Map is approved by the City Council. Prior to the expiration date the applicant may apply for an extension not to exceed three years.

3. Vested Rights. This approval does not vest Subdivider’s rights regarding future development. All ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards and specifications applicable to the project and public improvements to be constructed by the Developer shall be those in force and effect at the time the applicable plan or permit approval is granted.

4. Vesting Fees. This approval does not vest Subdivider’s rights regarding the payment of any development impact fees, exactions and dedications, processing fees, inspection fees, plan checking fees or charges, or any other fee or charge that could have been legally imposed by the City when the original application was deemed complete. All fees and charges shall be paid at the rate in effect at the time such fees are customarily due.

5. Fees. The developer shall pay all applicable processing fees, permit fees, City development fees, fire fees, school fees, drainage fees, habitat conservation fees and other public entity fees in effect at the time of the issuance of the applicable permit.

6. Outside Agency Fees. It is the responsibility of the owner/developer to contact all outside agencies and pay applicable fees associated with this project.

7. Conformance to Plans. This approval is dependent upon and limited to the proposals and plans contained, supporting documents submitted, presentations made to staff, Planning Commission and/or City Council as affirmed to by the applicant. Any variation from these plans, proposals, supporting documents or presentations is subject to review and approval prior to implementation.

8. Conformance with Subdivision Ordinance. The final map shall comply with all of the requirements for final maps in Chapter 16 of the Manteca Municipal Code and shall show and contain all of the data required by Section 16.09.

9. Substantial Conformance. Site development plans shall be in substantial conformance to the approved tentative map/site plan and must be submitted, in English units, to the City Engineering Department for review and approval. Maps shall be prepared, wet signed and sealed by a civil engineer, land surveyor, or architect registered in the State of California and licensed to prepare final maps and/or site development plans. The City Engineer will be the approving authority.

10. Subsequent Development. All activities undertaken in accordance with this approval shall comply with the City’s General Plan and Municipal Code. In cases ATTACHMENT 11
3 of conflict between the City’s Municipal Code or map-specific conditions of approval, the governing priority shall be, to the extent legally permitted, as follows: 1) Municipal Code regulations; 2) project-specific conditions; 3) standard conditions. The applicant shall comply with all regulations and code requirements of the Development Services Director, City Engineer, Building Official, Fire Chief, the Police Chief and any other agencies requiring review of the project. If required, these agencies shall be supplied copies of the final maps, site plans, public improvement plans, grading plans and building plans.

11. Structure Conformance. Applicant shall ensure all future homes and/or structures are built in compliance with the City’s Zoning Ordinance.

12. Utility Companies. The applicant is responsible for contacting all appropriate utility companies to obtain agreements for extension and/or relocation of services necessary for the proposed development.

13. Other Requirements. The applicant shall secure and comply with all applicable federal, state and local licenses, permits, authorizations, conditions, agreements, and orders prior to or during construction and operation, as appropriate.

14. Failure to Comply. Should the project be found, at any time, not to be in compliance with any of the Conditions of Approval, or should the applicant construct or operate this development in any way other than specified in the Application or Supporting documents or presentations to staff, Planning Commission or City Council, as modified by the Conditions of this Approval, then the terms of this Approval shall be considered to be violated.

15. Indemnification. The applicant shall indemnify and hold harmless the City, its council members and commissioners, officers, agents, employees, and representatives from liability for any award, damages, costs and fees, including without limitation attorneys’ fees, incurred by the City and/or awarded to any plaintiff in any action related to or arising out of the City’s approval of this project or subdivision Map or any environmental or other documentation related to this project or subdivision Map. The applicant further agrees to provide a defense for the City in any such action.

16. Limits of Approval. Approval of this application does not constitute approval of any other entitlement or any other necessary permit, license, or approval.

17. Compliance with Local and State Laws. The subject use shall be conducted in full compliance with all local and state laws. No part of this approval shall be construed to permit a violation of any part of the Manteca Municipal Code. This Tentative Subdivision Map shall be subject to revocation if the subject use is conducted in such a manner as to cause a nuisance.

ATTACHMENT 11
4 18. Erosion Prevention. The applicant shall take all necessary measures to ensure that his activities or those of his agents do not result in measurable erosion of soils on the site, either wind or water, during the construction and operation of the project covered by this approval.

19. Building Plans. All conditions of approval for this project shall be written by the project developer on all building permit plan check sets submitted for review and approval. These conditions of approval shall be on, at all times, all grading and construction plans kept on the project site. It is the responsibility of the building developer to ensure that the project contractor is aware of, and abides by, all conditions of approval. Prior approval from the Planning Manager must be received before any changes are constituted in site design, grading, building design, building colors or materials, etc.

20. Design Requirements:
a. Variable plan types and elevations shall be incorporated along streets to create visual diversity and interesting streetscapes. There shall be a minimum of three plan types for the community and each plan type shall include at least three distinct architectural styles.
b. A particular elevation shall not be repeated more than every third home. Only two of the same elevation styles, even on different plan types on side-by-side homes will be allowed. Adding or deleting minimal elevation treatments such as false shutters or similar types of minimal elevation changes will not change this requirement.
c. Homes located long the outside edges of the project, along major roads, and around the park shall have enhanced detailing around windows and doors and visible edges; the homes shall have varying roof spans and the colors and materials shall be varied.
d. Architectural elements must not end at the corner of a building and shall wrap around the corner and extend to a logical terminus point that is incorporated into the overall architectural design.
e. Garages and garage doors shall be designed to minimize the visual impact of the garage doors on the streetscape.
f. Garages shall not exceed the width of a two-car garage door. g. The driveway shall be no wider than 6” wider than the width of the garage door.
h. The color palette for homes shall be comprised of two or more complementary options that include a base color, trim color, and accent color. Not more than four different colors may be used on an elevation. i. Each home shall have a tree planted in the front yard. Corner lots shall have at least two trees, one in the front yard and at least one on the corner side yard.

ATTACHMENT 11
5 21. Noise Conditions. The following requirements are need to achieve adequate noise level reduction:
a. Oleander Avenue from Street D to East Woodward Avenue i. Approximately 1,200 feet of quiet pavement shall be required in the locations shown in Figure 3.10-2 of the Mitigated Negative Declaration document.
b. Interior Noise Impacts
i. Acoustically-rated windows are required with exterior noise levels exceed 70 dBL.

22. Environmental Mitigation
a. Agricultural Resources
i. AG-1: Prior to the issuance of grading permits, the project applicant shall participate in the City’s agricultural mitigation fee program and the SJMSCP by paying the established fees on a per-acre basis for the loss of important farmland. Fees paid toward the City’s program shall be used to fund conservation easements on comparable or better agricultural lands to provide compensatory mitigation. b. Biological Resources
i. BIO-1: Prior to commencement of any grading activities, the Project proponent shall seek coverage under the SJMSCP for habitat impacts to covered special status species. Coverage involves compensation for habitat impacts on covered species through implementation of incidental take and minimization measures (ITMMs) and payment of fees for conversion of lands that may provide habitat for covered special status specie. These fees are used to preserve and/or create habitat in preserves to be managed in perpetuity. Obtaining coverage for a Project includes incidental take authorization (permits) under the Endangered Species Act Section 10(a), California Fish and Game Code Section 2081, and the MBTA. Coverage under the SJMSCP would fully mitigate all habitat impacts on covered special-status species.
ii. BIO-2: Prior to the approval of improvement plans, the Project applicant shall provide a landscape plan that includes tree planting specifications established by the Manteca Municipal Code (17.19.060) for the replacement of any trees, excluding orchard and non-native trees, to be removed at a ration 1:1. Replacement trees shall be planted on-site at a location that is agreeable to the City. c. Cultural and Tribal Resources
i. CUL-1: The project applicant shall ensure that a training session for all workers is conducted in advance of the initiation of construction ATTACHMENT 11
6 activities at the site. The training session will provide information on recognition of artifacts, human remains, and cultural deposits to help in the recognition of potential issues.
ii. CUL-2: The Project applicant shall retain a qualified archaeologist to observe initial ground disturbance activities, during intiail gradin.

IF artifacts, exotic rock, shell or bone are uncovered during the construction, the archeologist will be able to document the finding, and determine if additional work is necessary to excavate or remove the artifacts or feature.
iii. CUL-3: IF cultural resources (i.e., prehistoric sites, historic sites, isolates artifacts/features, and paleontological sites) are discovered during construction, work shall be halred immediately within 50 meters (165 feet( of the discovery, the City of Manteca shall be notified, and a qualified archaeologist that meets the Secretary of the Interiod’s Professional Qualifications Standards in prehistoric or historical archaeology (or a qualified paleontologist in the event paleontological resources are found) shall be retained to determine the significance of the discovery. The City of Manteca shall consider recommendations presented by the professional for any
unanticipated discoveries and shall carry out the measures deemed feasible and appropriate. Such measures may include avoidance, preservation in place, excavation, documentation, curation, data recovery, or other appropriate measures. Specific measures are developed based on the significance of the find.
iv. CUL-4: If any human remains are found during grading and construction activities, all work shall be halted immediately within 50 meters (165 feet) of the discovery and the County Coroner must be notified, according to Section 5097.98 of the State public Resources Code and Section 7050.5 of California’s Health and Safety Code.

IF the remains are determined to be Native American, the coroner shall notify the Native American Heritage Commission, and the procedures outlined in CEQA Section 15064.5(d) and € shall be followed. Additionally, if the Native American resources are identified, a Native American monitor, following the Guidelines for Monitor. Consultants of Native American Cultural, Religious, and Burial Sites established by the Native American Heritage Commission, may also be required and, if required, shall be retained at the applicant’s expense.
d. Geology, Soil, and Mineral Resources
i. GEO-1: Prior to issuance of any building permits, the Project applicant shall be required to submit building plans to the City of Manteca for review and approval. The building plans shall also comply with all applicable requirements of the most recent California ATTACHMENT 11
7 Building Standards Code. All on-site soil engineering activities shall be conducted under the supervision of a licensed geotechnical engineer or certified engineering geologist.
ii. GEO-2: The Project applicant shall submit a Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) to the RWQCB in accordance with the NPDES General Construction Permit requirements. The SWPP shall be designed to control pollutant discharges utilizing Best Management Practices (BMOs) and technology to reduce erosion and sediments. BMPs may consist of a wide variety of measures taken to reduce pollutants in stormwater runoff from the Project site. Measures shall include temporary erosion control measures (Such as silt fences, staked straw bales/wattles, silt/sediment basis and traps, check dams, geofabric, sandbag dikes, and temporary revegetation or other ground cover) that will be employed to control erosion from disturbed areas. Final selection of BMPs will be subject to approval by the City of Manteca and the RWQCB. The SWPPP will be kept on site during construction activity and will be made available upon request to representatives of the RWQCB.
e. Hazards and Hazardous Materials
i. HAZ-1: The Project applicant shall hire a qualified consultant to perform soil and site testing to check whether hazardous conditions are present, prior to any grading activities. The soil sampling shall address the presence/absence of hazardous substances in the soils, including agrichemicals and/or petroleum products. A soil sampling and analysis workplan shall be shall be prepared and meet the requirements of the Department of Toxic Substances
ControlInterim Guidance for Sampling Agricultural Properties (2008). The soils in the area where farming equipment and/or tanks have been stored should be included in the soil sampling and analysis workplan. If the sampling results indicate the presence of agrichemicals that exceed commercial screening levels, a removal action workplan shall be prepared in coordination with San Joaquin County Environmental Health Department. The removal action workplan shall include a detailed engineering plan for conducting the removal action, a description of the on-site contamination, the goals to be achieved by the removal action, and any alternative removal options that were considered and rejected and the basis for that rejection. A no further action letter shall be issued by San Joaquin County Environmental Health Department upon completion of the removal action. The removal action shall be deemed complete when the confirmation samples exhibit concentrations below the commercial screening levels, which will be established by the agencies. If asbestos-containing materials and/or lead are found in ATTACHMENT 11
8 the buildings, a California Occupational Safety and Health Administration (Cal/OSHA) certified asbestos containing building materials (ACBM) and lead based paint contractor shall be retained to remove the asbestos-containing materials and lead in accordance with EPA and Cal/OSHA standards. In addition, all activities (construction or demolition) in the vicinity of these materials shall comply with Cal/OSHA asbestos and lead worker construction standards. The ACBM and lead shall be disposed of properly at an appropriate offsite disposal facility.
ii. HAZ-2: Prior to initiation of any ground disturbance activities within 50 feet of a well, the Project applicant shall hire a licensed well contractor to obtain a well abandonment permit from San Joaquin County Environmental Health Department, and properly abandon the on-site wells, pursuant to review and approval of the City Engineer and the San Joaquin County Environmental Health Department.
f. Noise:
i. NOISE-1: To reduce traffic noise increases, Oleander Avenue from “Street D” to Woodward Avenue shall be paved with quiet pavement. If an updated noise analysis, prepared to the satisfaction of the Community Development Director based on the project's circulation system approved by the City, demonstrates alternative means of mitigating the project’s noise increases to Oleander Avenue from “Street D” to Woodward Avenue to be less than 5 dBA, project applicant may choose to proceed with an alternative mitigation method with the express approval of the Community Development Director. If the updated noise analysis demonstrates that the anticipated noise increases to Oleander Avenue from “Street D” to Woodward Avenue no longer exceed 5 dBA based on the mitigating effects of revised circulation patterns or another design characteristics, the paving requirement would no longer apply.
ii. NOISE-2a: Construction activities shall adhere to the requirements of the City of Manteca Municipal Code with respect to hours of operation. This requirement shall be noted in the improvements plans prior to approval by the City’s Engineering Department. iii. NOSIE-2b: All equipment shall be fitted with factory equipped mufflers, and in good working order. This requirement shall be noted in the improvements plans prior to approval by the City’s Engineering Department.
iv. NOSIE-3: Any compaction required less than 26 feet from the adjacent residential structures shall be accomplished by using static drum rollers which use weight instead of vibrations to achieve soil ATTACHMENT 11
9 compaction. As an alternative to this requirement, pre-construction crack documentation and construction vibration monitoring could be conducted to ensure that construction vibrations do not cause damage to any adjacent structures.
g. Public Services
i. PUBLIC-1: The Project applicant shall pay applicable park in-lieu fees or dedicate parkland in accordance with the City of Manteca Municipal Code standards outlined in Chapter 3.20. Proof of payment of the in-lieu fees shall be submitted to the City Engineer. h. Utilities
i. UTIL-1: Prior to the issuance of a building or grading permit, the Project applicant shall submit a drainage plan to the City of Manteca for review and approval. The plan shall include an engineered storm drainage plan that demonstrates attainment of pre-Project runoff requirements prior to release at the outlet canal and describes the volume reduction measures and treatment controls used to reach attainment consistent with the Manteca Storm Drain Master Plan.

City of Manteca Engineering Division Conditions
General

1. All improvements shall comply with the City of Manteca Standard Plans and Specifications. Improvement plans shall be submitted to the City Engineer for approval. An encroachment permit is required for all work within the public rightof-way.

2. Developer shall provide easements, requested by the respective utility companies, within the subdivision and shall show said easements on the final subdivision map. Any existing facilities within or adjacent to the project that are affected by this project shall be relocated and placed underground at the Developer’s expense.

3. Developer shall dedicate ten-foot (10’) wide public utility easements on all street frontages for underground facilities and appurtenances, upon approval and recordation of each final map.

4. Developer shall obtain, on behalf of the City, right-of-way dedication along the Oleander and Peach Street frontage 20649 S. Oleander Ave (APN: 226-17- 013), 20769, 20785, S. Oleander Avenue (APN:226-17-014), 20807 S. Oleander Avenue (APN:226-17-015), 20821 S. Oleander Avenue (APN:226-17-016), 5201 E. Peach Avenue (APN:226-17-018), and 5159 E. Peach Avenue (APN:226-17- 017). If the developer has made good faith efforts to obtain the ROW, which can be shown to the City in writing, and is unable to come to an agreement with the property owner, the City will make a determination to remove this condition or begin its own negotiations with the property owner.

ATTACHMENT 11
10 5. Developer shall indicate on the improvement plans topographical information which shall include one-foot (1’) contour intervals and benchmark data based on City datum.

6. During all construction phases, Developer shall comply with City Laws regarding dust control. Developer shall also comply with San Joaquin Valley Unified Air Pollution Control District Regulation VIII (Fugitive Dust Prohibitions) in an effort to reduce the amount of fine particulate matter (PM10) entrained into the ambient air from man-made sources.

7. Prior to the start of construction, all survey monuments that have the possibility of being damaged, destroyed or covered over during the course of construction for this project, shall be located and referenced by a licensed land surveyor and a corner record or record of survey shall be filed with the county surveyor. Survey monuments which are damaged, destroyed or covered over during the course of construction must be re-set at the original location with a new monument and monument box and another corner record or record of survey shall be filed with the county surveyor. All work in this condition shall be done by a licensed land surveyor.

Prior to approval of a Final Map for any phase of the project the following shall be submitted by the developer and approved by the Engineering Department:
a. On-site grading and drainage plan,
b. On-site utility (sanitary sewer, water and storm drain) plan, c. Off-site improvement plan,
d. Erosion control plans,
e. Stormwater Pollution Prevention Plan (SWPPP),
f. Documentation, as required in the Post-Construction Stormwater Standards Manual, showing compliance with WQO NPDES 2013-0001-DWQ, g. Joint Trench Intent plans, and
h. Dedication of required rights-of-way and easements to the City.

The plans specified in (a), (b) and (c) above shall be prepared by a Registered Civil Engineer.

The items in (d), (e) and (f) above shall be prepared by a Qualified SWPPP Developer (QSD).

8. Joint trench utility installation shall be in accordance with Manteca Municipal Code Chapter 13.34 and City Standards.

9. All residential address numbers shall be plainly visible from the street fronting the property. Said numbers/letters shall contrast with background.

10.Developer shall enter into an Improvement Agreement for construction of the roadway and utility improvements which will be dedicated to the City. The agreement will require posting a Performance Bond in the amount of one-hundred ATTACHMENT 11
11 percent (100%), posting a Labor-Material Bond in the amount of fifty percent (50%), and payment of all required plan check, testing and inspection fees.

11.Developer shall install a benchmark on the North American Vertical Datum of 1988 vertical control system with this project. Final location shall be approved by the City Engineer and shown on the Improvement Plans. Developer shall obtain a benchmark from the City of Manteca and it shall be punched with the elevation, datum reference and benchmark number, which will be assigned by the City. A corner record shall be filed with the San Joaquin County Surveyor’s Office and shall include the language that the benchmark is being added to the City of Manteca Vertical Control Network.

12.The frontage improvements along Peach and Oleander will need to be full width improvements.

13.Per City of Manteca Standard Drawing ST-1, prior to issuance of the first building permit, Developer shall install streets within the development in accordance with the “all weather road” standard. In addition to the requirements set forth in City Standard Drawing ST-1, prior to issuance of the first building permit, the Developer shall have installed all street name signs within the development.

14.Per City of Manteca Resolution No. R2008-150, which approved the City’s Residential Subdivision Partial Acceptance Policy, the Developer is eligible to receive a Partial Acceptance once all health and safety items are complete. Under the Partial Acceptance, Developer is only allowed to pull building permits for a maximum of fifty percent (50%) of the total number of dwellings within a Unit. Final acceptance of a Unit must be obtained to pull any building permits within the final fifty percent (50%). Furthermore, the partial acceptance of public improvements shall permit the occupancy of structures that front upon public streets that are included in the partially accepted public improvements. No Certificate of Occupancy will be issued until the partial acceptance has been approved by the City Council.

15.Per City of Manteca Resolution No. R2012-183, which approved the City’s Policy Relating to Timing of Construction of Park Facilities associated with Residential Development, the park improvements shall be installed and available to the public prior to the issuance of the first building permit after building permits have been issued for twenty-five percent (25%) of the total number of lots shown on this subdivision’s tentative map.

16.Per City of Manteca Resolution No. R2016-235, which approved the City’s Park Acquisition & Improvement Fee Update, the Developer shall pay the applicable adopted park fees.

17.Improvements which will be dedicated to the City must use a benchmark on the City of Manteca Vertical Control Network to establish the elevations of the improvements. The benchmark used shall be noted on the Improvement Plans.

18. The Engineering elements for this project shall be reviewed and finalized during the Improvement Plan review process. Designs/layouts presented with the ATTACHMENT 11
12 Tentative Map are proposed to support Tentative Map approval and are not being approved with this action.

19.Developer shall obtain an easement across 4513 E Peach Avenue (APN: 226-17- 022) for the installation of water and sewer utilities connecting to Airport Way.

Streets

20.Cross sections for roadways that are included in the City’s adopted Public Facilities Implementation Plan (PFIP), Transportation Element shall be in accordance with that document. Unless otherwise detailed in these conditions, cross sections for roadways that are not included in the PFIP in accordance with the City of Manteca Standard Plans. An encroachment permit is required for all work within the public right-of-way.

21.Soils R-value tests shall be performed from representative soils within the proposed subdivision. A geotechnical report shall be submitted to the City Engineer with calculations determining the street pavement structural design.

Design shall conform to City of Manteca Resolution R-5633, “Street Structural Design Policy”. The minimum traffic indices shall be as follows:
a. Airport Road: 11.0
b. Oleander Avenue: 9.0
c. Peach Avenue: 9.0
d. 60’ right-of-ways: 5.0
e. 50’ right-of-ways: 4.5
f. Cul-de-sacs: 4.0

22.Oleander Avenue
a. Developer shall dedicate right-of-way along the west side of Oleander Avenue to accommodate a thirty foot (30’) half-width street section. b. Developer shall remove and replace the existing pavement with a new street structural section along the subdivision’s Oleander Avenue frontage. c. Developer shall construct full width street improvements along Oleander Avenue, including new street structural section, curb, gutter, five foot (5’) wide sidewalk, street lights, signage and striping. The full width street improvements do not include any improvements beyond the curb and gutter on the far side of Oleander Avenue, opposite of the project. Street improvement shall terminate at the western corner of the annexation along Peach Avenue.
d. Developer may, in accordance with Title 16 of the Manteca Municipal Code, request City Council’s approval to construct a part-width street for Oleander Avenue consisting of completion of one twelve foot (12’) wide travel lane and a two foot (2’) wide pave shoulder on the side opposite of the subdivision, including transitions and striping needed to connect with ATTACHMENT 11
13 existing roadway improvements. City Council must approve the request by a four-fifths (4/5ths) vote.
e. If City Council does not approve the part-width street request, the Developer shall, on behalf of the City, obtain right-of-way along the east side of Oleander Avenue to accommodate full width street improvements. f. Any existing facilities along the frontages of properties at, 20649 S Oleander Ave (APN: 226-17-013), 20769, 20785, S. Oleander Avenue (APN:226-17- 014), 20807 S. Oleander Avenue (APN:226-17-015), 20821 S. Oleander Avenue (APN:226-17-016), 5201 E. Peach Avenue (APN:226-17-018), shall be placed underground. The cost of these improvements can be put into an Area of Benefit to provide reimbursements to the Developer, in accordance with the City’s Area of Benefit Establishment Policy.

23.Peach Avenue
a. Developer shall dedicate right-of-way along the North side of Peach Avenue to accommodate a thirty foot (30’) half-width street section. b. Developer shall remove and replace the existing pavement with a new street structural section along the subdivision’s Peach Avenue frontage. c. Developer shall construct full width street improvements along Peach Avenue, including new street structural section, curb, gutter, five foot (5’) wide sidewalk, street lights, signage and striping. The full width street improvements do not include any improvements beyond the curb and gutter on the far side of Peach Avenue, opposite of the project. d. Developer may, in accordance with Title 16 of the Manteca Municipal Code, request City Council’s approval to construct a part-width street for Peach Avenue consisting of completion of one twelve foot (12’) wide travel lane and a two foot (2’) wide pave shoulder on the side opposite of the subdivision, including transitions and striping needed to connect with existing roadway improvements. City Council must approve the request by a four-fifths (4/5ths) vote.

24.Developer shall install signals at the following intersections. Developer shall acquire right-of-way on behalf of the City necessary to install the traffic signal, in its ultimate location.
a. The intersection of S. Airport Way and Woodward Avenue. This signal shall be installed with the first unit of the development. This traffic signal installation shall include full width right-of-way improvements, along the Airport Way signal approach south of W. Woodward Avenue, as shown on Exhibit “INT11” of the PFIP.
b. The intersection of Woodward Avenue and Union Rd, this signal will need to be installed and operational prior to issuance of the 101st building permit.

This traffic signal installation shall include full width right-of-way ATTACHMENT 11
14 improvements, along Union Road signal approach south of Woodward Avenue, as shown on Exhibit “INT33” of the PFIP

25.If City Council does not approve the part-width street request, the Developer shall, on behalf of the City, obtain right-of-way along the east side of Oleander Avenue and the North side of Peach Avenue to accommodate full width street improvements.

26.Applicant shall install sidewalk, curb, gutter, driveways and street pave-out along the Oleander Street frontage of 20649 S. Oleander Ave (APN: 226-17-013), 20769, 20785, S. Oleander Avenue (APN:226-17-014), 20807 S. Oleander Avenue (APN:226-17-015), 20821 S. Oleander Avenue (APN:226-17-016), and 5201 E. Peach Avenue (APN:226-17-018), and 5159 E. Peach Avenue (APN:226- 17-017). Installation of these improvements shall include the undergrounding of utility facilities along all properties. This work shall be included in the Improvement Plans, and completed with that scope of work.

27.Final Map phasing will need to be coordinated with the timing and necessity of roadway construction. Roadway construction for each phase shall be reviewed and approved by the City Engineer and may include roads on the Tentative Map that are not immediately adjacent to the proposed Final Map.

28.Where offsite property acquisition is required by these conditions, if the developer has made good faith efforts to obtain the ROW, which can be shown to the City in writing, and is unable to come to an agreement with the property owner, the City will make a determination to remove this condition or begin its own negotiations with the property owner.

29.No driveway shall be closer than twenty-feet (20’) to a curb return. Driveway locations shall be shown on Improvement Plan submittals. Vertical curb shall be installed for 20’ past the curb return and the vertical curb shall be painted red and marked as No Parking.

30.Existing driveways which are not to be used by this project shall be removed and replaced with sidewalk, vertical curb and gutter.

31.Developer shall dedicate to the City an access easement over the private streets in the development.

32.Developer shall remove and replace the sidewalk, curb, gutter and accessible ramps, if any, along the frontage of this project.

33.Developer shall install a barricade in accordance with City Standard ST-20 at all streets stubbed to undeveloped land.

34.Developer shall contact the local post office for direction regarding placement of mail receptacles or any other type of mail delivery proposed.

35.Developer shall relocate existing mailboxes, per the direction of the City Engineer and the United States Postal Service. Mailboxes shall be constructed in conformance with the standards of the United States Postal Service.

ATTACHMENT 11
15 36.Developer shall remove and replace the existing pavement with a new street structural section along said street frontages of this map.

37.Developer shall ensure the structural sections of the existing roadways which are adjacent to this project are in accordance with the traffic indices in these conditions. The developer may remove and replace the existing pavement with a new structural section, in accordance with the specified traffic index or the Developer may core the existing pavement and submit the results to the City Engineer for approval to leave the existing structural section in place. The surface of the roadway where the existing pavement structural section is approved to remain shall be removed and replaced with an overlay, which is done at the same time as the adjacent new pavement.

38.Street lights along the project’s frontage shall maintain an average foot candle coverage of 0.40, with a minimum allowable foot candle at any location of 0.07 within the public right-of-way. Electrolier photometric plan, showing the foot candle coverage, shall be submitted with the Improvement Plans showing this requirement is met with the existing street lights. If not, the project shall install street lights or modify the existing street lights so this requirement is met.

39.The electrolier locations shall be finalized during the Improvement Plan review process. Electroliers shall maintain an average foot candle coverage of 0.40 throughout the project, with a minimum allowable foot candle at any location of

0.07. Electrolier photometric plan, showing the foot candle coverage, shall be submitted with the Improvement Plans.

40.If Developer installs electrolier poles other than the City’s standard cobra head fixture on a galvanized pole, the Developer shall supply the City with one extra complete light fixture and pole, per phase/unit of the project. If applicable, this will be a condition of final acceptance of the subdivision.

41.The thickness of all sidewalks installed with the project shall be six inches (6”).

42.A sidewalk ends sign shall be installed at the south west corner of the property where the sidewalk on Peach Avenue ends.

43.Accessibility ramps installed or modified with this project shall be in compliance with the latest revision of the California Building Code, Chapter 11B.

Fencing and Walls

44.Wall heights indicated within the Tentative Map and these conditions are minimums. The installed height may be greater, if necessary to mitigate noise impacts per this project’s adopted Mitigation Monitoring and Reporting Program.

Wall heights shall be measured from the highest-grade elevation on the adjacent residential lot.

45.Developer shall construct a six foot (6’) high chain link fence along boundaries of the park which abut undeveloped land.

46.Developer shall construct a minimum six foot (6’) high wood fence along the boundaries of this subdivision which abut undeveloped land.

ATTACHMENT 11
16 47.Streets stubbed onto undeveloped land shall have a six foot (6’) high chain link fence extending from building set back line to building set back line and a Type ‘B’ Barricade per City Std. Plan No. ST-20, or as otherwise approved by the City Engineer.

48.Developer shall install minimum six foot (6’) high decorative masonry sound wall along those streets where access rights have been relinquished to the City of Manteca.

49.All masonry walls shall be reinforced, solid-grout filled and constructed onsite (no prefabricated walls), with decorative caps and pilasters, subject to review and approval of the City Engineer and Public Works Department.

Water

50.Improvements shall be constructed in conformance with the latest version of the City Water Master Plan.

51.The update of the City’s Water Master Plan, Reclaimed Water Master Plan and Groundwater Sustainability Plan, including the evaluation of a Direct/Indirect Potable Reuse Facility are currently underway. This project shall participate in expansion of the infrastructure or facilities identified in the updated Master Plans and any correlating funding programs.

52.Developer shall construct a twelve inch (12”) water main as shown on the Tentative Map, to maintain the City’s water main grid system.

53.Developer shall provide water stubs to properties at, 20649 S. Oleander Ave (APN: 226-17-013), 20769, 20785, S. Oleander Avenue (APN:226-17-014), 20807 S. Oleander Avenue (APN:226-17-015), 20821 S. Oleander Avenue (APN:226-17-016), 5201 E. Peach Avenue (APN:226-17-018), and 5159 E.

Peach Avenue (APN:226-17-017).

54.Water mains installed in stubbed streets shall extend to the property line and shall have a blowoff per City Std. Plan No. W-7.

55.A minimum ten foot (10’) separation, from outside of pipe to outside of pipe, shall be maintained between water mains and parallel sanitary sewer, storm drain, and irrigation lines.

56.Existing wells within the boundary of the proposed development which are not approved for use by the City, shall be abandoned in accordance with San Joaquin County Public Health Services requirements.

57.Existing wells within the boundary of the proposed development which are not approved for use by the City, shall be abandoned in accordance with San Joaquin County Public Health Services requirements. Use of existing irrigation wells as landscape irrigation wells will be evaluated on a case-by-case basis and shall be approved by the Public Works Department. If conversion of the existing on-site irrigation wells are approved for use as landscape irrigation wells, or for use as construction water, the proposed improvements shall be in strict accordance with ATTACHMENT 11
17 City of Manteca plans, standards and specifications and in accordance with the requirements of the San Joaquin County Health Department.

58.Fire hydrant locations shall be as approved by the Fire Department and finalized during the Improvement Plan review process. Developer shall provide and install fire hydrant “blue dot” reflective markers prior to issuance of the first building permit.

59.Developer shall install a reclaimed water line from S. Airport Way, within the offsite utility easement, to the irrigation well within the park. The route of the reclaimed water line shall be approved by the City Engineer. All piping, valves and appurtenances for this system shall be purple.

60.Developer shall set aside area within the park for the installation of a future City potable water well. The well site area shall be at least 125’x 190’, on flat ground, located opposite from and in addition to the upland play area and opposite from the irrigation well. If the Machado Ranch/ Lumina subdivision develops prior to the Dutra Annexation/subdivision, the Dutra development would not need to accommodate a potable water well site.

61.Existing service connections to the City’s water mains which will not be used by this project shall be abandoned, as directed by the City of Manteca.

62.Irrigation Supply
a. A separate landscape irrigation meter shall be installed at the back of the sidewalk adjacent to a dedicated public street right-of-way for the use of irrigation of the public area landscaping.
b. Landscape irrigation water system shall be designed to operate from a single point of connection.
c. Irrigation water from potable system shall be delivered via a single meter which is no larger than 2”.
d. Piping which is installed from the potable water system for the purposes of irrigation shall be purple pipe. This includes the valve boxes.

Storm Drainage

63.Improvements shall be constructed in conformance with the latest edition of the Storm Drain Master Plan, the City’s Post-Construction Manual and City Standards.

64.A preliminary storm drainage plan shall be submitted to the City Engineer for approval concurrently with the first improvement plan submittal. The plan shall be accompanied by calculations for peak flows, total runoff, pipe sizes, detention basin volume and evidence of groundwater depth.

65.The storm drain system and basin design shall be finalized during the Improvement Plan process. The basin shall be improved and landscaped such that the basin is a suitable leisure area for residents and will comply with the City’s Storm Drain Master Plan and the 2015 Post-Construction Manual. A proposed ATTACHMENT 11
18 landscape plan shall be reviewed during the Improvement Plan process and shall be approved by the City Engineer and the Parks & Recreation Director.

Compliance with this condition may include, but is not limited to, the installation of park benches, meandering walkways, decorative rock streams, elevation changes, undulations and various aesthetically pleasing landscaping. Surface materials in the basin utilized for post construction stormwater management shall be in strict accordance with the City’s Post-Construction Manual.

66.All drain inlets shall be marked "No Dumping - Drains to River". Drain markers shall be purchased from the City of Manteca at cost plus 15% administrative charge, and installed by the Developer prior to acceptance of the improvements.

67.Developer shall construct the storm drain basin in accordance with the current Storm Drain Master Plan and the City’s Standards and Specifications for Landscape Development.

68.The Project site is located within the City of Manteca’s F-200 zone, which makes it at risk from the 200-year flood. As such, the Project is subject to the Manteca Municipal Code Section 17.30.040 Subsection C which places construction limitations on development proposed in areas that are at risk from the 200-year flood. The Project applicant shall contribute the fair share fee to provide the urban level of flood protection for the Project site. In addition, there shall be no construction of a new residence or other structure that is located within the F-200 Zone unless the City finds, based on substantial evidence in the record, that the Project is consistent with the requirements of Manteca Municipal Code Section

17.30.040 Subsection C which is specifically in place to protect people and property from a 200-year flood.

69.All storm drain piping shall be located within the paved street area.

70.Developer shall incorporate appropriate site design measure(s) and submit the results of the Post-Construction Runoff Standards Manual. The City of Manteca approval of the proposed measures is precedent to issuance of any building, grading or construction permits.

71.Developer shall develop and submit a Project Stormwater Plan that identifies the methods to be employed to reduce or eliminate stormwater pollutant discharges through the construction, operation and maintenance of source control measures, low impact development design, site design measures, stormwater treatment control measures, and hydromodification control measures. Design and sizing requirements shall comply with the 2015 Post- Construction Stormwater Standards Manual. City of Manteca approval of the Project Stormwater Plan is precedent to issuance of any building, grading, or construction permits. Two paper copies and an electronic copy of the Project Stormwater Plan shall be provided to the City of Manteca

72.Developer shall develop a hydromodification management plan to ensure the post-project stormwater runoff flow rate shall not exceed estimated pre-project ATTACHMENT 11
19 flow rate for the 2-year, 24-hour storm. The hydromodification management plan shall be incorporated into the Project Stormwater Plan.

73.Developer shall develop and submit an Operations and Maintenance Plan that identifies the operations, maintenance, and inspection requirements of all stormwater treatment and baseline hydromodification control measures identified in the approved Project Stormwater Plan. City of Manteca approval of the preliminary Operations and Maintenance Plan is precedent to issuance of any building, grading, or construction permits. Two paper copies and an electronic copy of the Maintenance Plan shall be provided to the City of Manteca.

74.City of Manteca approval of the final Operations and Maintenance Plan and recordation of the Maintenance Access Agreement is precedent to first building final inspection for this project. Two paper copies and an electronic copy of the final Operations and Maintenance Plan shall be provided to the City of Manteca.

75. Post-Construction Management Practices shall conform to the City’s adopted Multi-Agency Post Construction Stormwater Standards Manual.

76.Where conflict between standards arises, the standard most-protective to water quality, to public health and safety, and against flooding shall be utilized.

77.Prior to any land disturbing construction activities occurring on a project, Developer shall meet the requirements of NPDES. For sites exceeding 1 acre of disturbance area that are deemed non-exempt, contractor shall prepare and submit a Storm Water Pollution Prevention Plan (SWPPP) and apply for a permit under the California General Construction NPDES permit. SWPPP shall be prepared and signed by a Qualified SWPPP Developer (QSD) certified by the State Water Resources Control Board. All modifications to SWPPP shall be implemented by a QSD in responsible charge for the project. The SWPPP shall be implemented under the supervision of a Qualified SWPPP Practitioner (QSP).

For permit information, contact the State Water Resources Control Board (SWRCB) at:

23. State Water Resources Control Board
PO Box 1977, Sacramento, CA 95812-1977
Attn: Storm Water Permitting Section
Telephone: (916) 341-5537

24. To log in to the SWRCB Storm Water Multiple Application and Report Tracking System (SMARTS) to enter site information and apply for permit, please contact the City of Manteca Engineering Department to establish a project and authorize data entry access.

25. All other sites shall conform to the City of Manteca Standards, the California Green Building Standards, and Section E.10 of the NPDES permit 2013-0001- DWQ. All construction involving land disturbing activities shall submit for approval an Erosion Control and Sedimentation Plan (ESCP) prepared and signed by a QSD. All ESCP treatment measures and BMPs must be maintained at all times until construction is completed and the site is stabilized as defined ATTACHMENT 11
20 under the Construction General NPDES permit.

26. Prior to issuance of the first grading or building permit for a project, a copy of the SWPPP or ESCP shall be submitted by the developer and approved by Authorized Signatory or Legally Responsible Person (LRP) for the City’s NPDES program. Contact the City of Manteca Engineering Department to identify appropriate person for review and approval of plans and documents.

78.It is recognized that the design and calculations which have been submitted thus far to demonstrate this project’s compliance with the City’s Post-Construction Stormwater Standards Manual is approved for project entitlements but may require further refinement for final approval, which is precedent to issuance of any building, grading, or construction permits.

79.Bioretention areas which are adjacent to the City sidewalk shall include a onefoot (1’) wide flat area behind the sidewalk prior to the start of the bioretention area side slope.

80.Developer shall pay fair-share costs for storm drainage improvements, including improvements downstream to improve capacity or water quality treatments needed to conform to current Storm Drain Master Plan, City standards and support the development.

81.Developer shall select an integrator for the pump station that

82.Developer shall complete the CDD development memorandum, required by Storm Drainage Agreement Amendment No. 1, and submit it to SSJID for review.

83.Developer shall enter into an agreement with the City for maintenance of the storm drain basin. With this agreement, Developer shall dedicate a storm drain basin easement to the City of the entirety of the storm drain basin.

Sanitary Sewer

84.Improvements shall be constructed in conformance with the latest version of the City Wastewater Collection System Master Plan and City Standards.

85.The Wastewater Quality Control Facility (WQCF) sewer capacity may not be available to serve this development until construction completion of the WQCF Phase IV improvements. Sewer connections will not be allowed until such time there is sufficient capacity at the WQCF to serve this development

86.The update of the City’s Wastewater Master Plan is currently underway. This project shall participate in expansion of the infrastructure or facilities, including at the City’s Water Quality Control Facility, identified in the updated Master Plan and any correlating funding programs.

87.This project shall extend the sewer main in Street E to Airport Way.

88.Developer shall obtain, on behalf of the City, an easement along the alignment of the proposed sewer line through 4513 E. Peach Avenue, If the developer has made good faith efforts to obtain the easement, which can be shown to the City in writing, and is unable to come to an agreement with the property owner, the ATTACHMENT 11
21 City will make a determination to remove this condition or begin its own negotiations with the property owner.

89.Developer shall provide sewer stubs to properties at, 20649 S. Oleander Ave (APN: 226-17-013), 20769, 20785, S. Oleander Avenue (APN:226-17-014), 20807 S. Oleander Avenue (APN:226-17-015), 20821 S. Oleander Avenue (APN:226-17- 016), 5201 E. Peach Avenue (APN:226-17-018), and 5159 E. Peach Avenue (APN:226-17-017).

90.Any existing septic tank(s) on the property that will not be approved by the City shall be abandoned in accordance with the permitting requirements of the San Joaquin County Environmental Health Department prior to issuance of the first building permit.

91.A preliminary sewer plan shall be submitted to the City Engineer for approval concurrently with the first improvement plan submittal. The plan shall be accompanied by calculations for peak wet weather flows showing pipe sizes and slopes for the entire development.

92.The sanitary sewer system shall be oversized to allow for accommodate the sanitary sewer flows from 4513 E Peach Avenue (APN: 226-17-022) and 20748 S.

Airport Way (APN: 226-17-020) properties. The cost of these improvements can be put into an Area of Benefit to provide reimbursements to the Developer, in accordance with the City’s Area of Benefit Establishment Policy.

Public Facilities Implementation Plan

93. Reimbursement shall be based on actual quantities installed. Developer is required to have a minimum of three (3) public sealed bids opened by the City Clerk for all reimbursable improvements. Bids for reimbursable items shall be included in the total subdivision bids, however, the unit bids received for reimbursable items will be considered as a bid separate from the rest of the subdivision contract items and reimbursement will be made based on the lowest responsible bid received for reimbursable items. In the absence of public bids, the cost may be determined by the City Engineer.

94.The City shall approve the bid sheet form and proof shall be provided that bids were solicited from a minimum of three qualified contractors.

95.Reimbursement shall be in the form of credit against applicable PFIP Sanitary Sewer, Water System, Storm Drain and Transportation fees. The credit will be given when building permits are issued for construction of residences within the subdivision. The amount of the reimbursements shall be based upon the low bid received from a minimum of three (3) sealed bids opened by the City Clerk. If the cost to construct said improvements exceeds the value of PFIP credits, the remainder shall be reimbursed after the City receives sufficient PFIP fee revenue from development occurring within the same PFIP zones.

96.In the event Developer desires to exchange credits for cash reimbursement, the exchange must be approved by City Council.

ATTACHMENT 11
22 City of Manteca Fire Department Conditions

1. Fire Department Access:
a. The Entrance from Oleander Avenue need to comply with the City’s Turning Radius below:
b. The Cul-de-Sac dimensions need to be a minimum diameter of 96 feet.

2. Fire Hydrants: Plans and specifications for fire hydrant systems shall be submitted for review and approval prior to construction. a. Fire hydrants shall be installed on a minimum 8-inch looped water main. b. Fire hydrants shall be installed around all buildings at a maximum spacing of 400 feet in accordance with the City of Manteca Standards and California Fire Code. Corners should be utilized for hydrant locations when possible. c. Hydrants subject to vehicular damage shall be protected in an approved manner and not be obstructed by vehicles or other obstructions. d. Provide 15 feet of clearance on either side of fire hydrant from stopped or parked vehicles.
e. Additional fire hydrants may be required to meet the minimum spacing requirement of hydrants within 90 feet of Fire Department Connections, (FDC) for Fire Sprinkler Systems.
f. The on-site fire protection system (fire hydrants and associated water mains) shall be installed prior to the issuance of building permits. g. Total Fire Flow (appendix B of CFC) shall be calculated and submitted as part of the permit submittal.

3. Underground piping for the fire sprinkler shall be approved by the Fire Department prior to permit issuance.

4. All above ground gas meter, regulators, and piping exposed to vehicular damage ATTACHMENT 11
23 shall be protected in an approved manner.

5. Fire Suppression Systems: All buildings must be protected by an approved monitored automatic sprinkler system in accordance to NFPA 13, CFC, CBC, and Manteca Municipal Code Section 15.24.

6. Fire Alarm/Sprinkler monitoring shall be point ID.

7. Fire Suppression Approval. Plans and specifications for fire suppression systems shall be submitted for review and approval prior to construction. If work differs from approved plans, a set of “as built” shall be submitted to the Fire Department prior to final inspection.

8. Plans proposed to be listed as deferred submittals shall be clearly labeled on the cover building permit plan submittal cover sheet.

9. Inspections. Fire protection systems (fire hydrants, water mains, etc.) shall be installed, tested and approved by the City prior to the issuance of any building permits. The Fire Department shall witness all system and acceptance tests.

Please provide 24-hour notice prior to any system or acceptance tests. 209-456- 8340

10. All above ground gas meters, regulators, and piping exposed to vehicular damage shall be protected in an approved manner.

Operations that require operational permits (High Piled Storage, Hot Work, Compressed Gas, Battery Storage and all others listed in CFC 105) shall be identified on the plan submittal.

11. All above comments shall be listed in the Building Permit Plan Submittal in a section designated for Fire Comments. Additionally, the Authority Having Jurisdiction should be listed as:
a. Authority having Jurisdiction:

City of Manteca Fire Department,
Office of the Fire Marshal
Fire Inspector II
Luis “Art” Salas
1154 S. Union Road, Manteca CA 95337
[email protected]
City of Manteca Parks Department Conditions
General Conditions

1. Current City of Manteca Standards and Specifications for Landscape Development shall be followed.

2. Developer shall prepare construction plans and specifications for any streetscape and basin improvements for Public Works Department – Parks Division approval, at developer’s expense. Plans shall show any demolition and work required within existing basin to the North.

ATTACHMENT 11
24 3. The Developer shall be required to pay Fees as specified in the current Park Acquisition and Improvement Fee.

4. Any landscape needs to comply with current Model Water Efficient Landscape Ordinance (MWELO) requirements.

5. Developer shall submit a final subdivision map to the Public Works Department - Parks Division with recommended street trees for each street within the development for review and approval by the City Arborist. Plans shall be submitted in tandem with the streetscape and basin construction plans.

6. A masonry wall shall be installed between any lots separating publicly maintained landscape areas from private lots. Height shall be as required by Engineering Department.

7. An irrigation well (and electrical connections) is required for expansion of the Park/basin. A location for the well has been provided for in the adjacent Wackerly Estates plans. Developer must provide a minimum of 480V 3phase power to the existing location.

8. Vertical curb shall be installed adjacent to basin/landscaped areas.

9. Depending upon materials used within the Basin and Streetscape and layout, additional comments may be made during the construction plan phase.

Low Impact Development:

10.Low Impact Development (LID) improvements, locations and details shall be reviewed and be approved by Engineering and Parks Division to determine impact on overall area to be maintained within the Community Facilities District (CFD). Maximum side slopes shall be 3:1 for shrubs and 6:1 for turf/no-mow.

11.LID improvements shall be continuous if LID treatment includes landscaping and irrigation. Irrigation lines shall not be under private property or within street/sidewalk improvements without sleeving.

12.No Joint Trench Utilities shall be allowed within LID areas.

13.Low Impact Development (LID) improvements shall be included in the Community Facilities District (CFD), or other funding mechanism, to provide resources for landscape and park maintenance costs as per the requirements listed under the formation requirements. Developer shall be responsible for maintenance of improvements until sufficient funding is available/collected for City to maintain.

14.Developer shall provide soil analysis/documentation on infiltration rate and soil fertility testing of soil after mass grading and show it complies with City and State regulations per the Post-Construction Storm water Standards Manual.

15.Low Impact Design (LID) improvements shall have a one-year warranty period.

General Park/Storm Basin:

ATTACHMENT 11
25 16.Provide minimum of 1/2 acre of upland area per basin (above the stormwater 48 hour/10-year flood line) for parks and recreation amenities/improvements, with shape and dimensions acceptable to the Public Works Department – Parks Division.

17.Design of the upland portion shall be planned for expansion as well as basin expansion.

18.Park/Basin improvements and design shall follow the City of Manteca Standards and Specifications for Landscape Development and shall be approved by the Public Works Department – Parks Division. Basin shape and upland shape shall be reviewed during improvement plans, and adjustments made per Public Works Department – Parks Division Request.

19.Sidewalks leading into the park shall be a minimum of 10 feet in width with a flush entrance and bollard.

20.Design with the goal of engineering and physical solutions to treating storm water as to not diminish the recreational function or net useable park space within the park/basin.

21.If Park/Basin includes LID improvements, location of treatment areas are subject to approval with the Parks Division prior to construction documents.

22.Park/Bench minimum at top of Storm Basin shall be 8 feet per current Landscape Development Standards and Specifications.

23.Park/Basin bottom elevation shall be a minimum of two feet above the seasonal high groundwater elevation to prevent groundwater intrusion. The addition of permanent subsurface dewatering systems may also be required, if needed.

24.Park/Basin bottom shall slope a minimum of 1-1/2% to storm drain inlets.

25.Park/Basin shall have a maximum water depth of five feet.

26.Locations of in-ground and above-ground utility structures within park/basin are subject to prior review and approval of Public Works Department – Parks Division.

Above ground utilities shall be kept clear of picnic and play areas as to maintain visibility from street.

27.Locations of storm drain lift stations shall be approved by the Public Works Department – Parks Division.

28.Park/Basin improvements shall be included in the Community Facilities District (CFD), or other funding mechanism, to provide resources for landscape and park maintenance costs as per the requirements listed under the formation ATTACHMENT 11
26 requirements. Developer shall be responsible for maintenance of improvements until sufficient funding is available/collected for City to maintain.

29.Park/Basin improvements and maintenance funding mechanism shall be governed by the City of Manteca Parkland Construction Policy.

Streetscapes/Medians/Landscape areas:

30.Streetscape/medians/landscape improvements shall be included in the Community Facilities District (CFD), or other funding mechanism, to provide resources for landscape and park maintenance costs as per the requirements listed under the formation requirements. Developer shall be responsible for maintenance of improvements until sufficient funding is available/collected for City to maintain.

31.In areas where South San Joaquin Irrigation District (SSJID) pipeline easements are located within the boundaries of streetscape, medians or landscape areas, SSJID and the City of Manteca Public Works Department – Parks Division shall both approve landscape plans including tree variety, setbacks, root protection methods, etc. The landscape plans shall not be considered approved until they are signed by the Public Works Department – Parks Division.

32.No turf grass is permitted in any streetscapes, unless approved by the Public Works Department – Parks Division.

ATTACHMENT 11
27 Community Facilities District (CFD) (Or other funding source) Formation/Annexation Requirements:

33.CFD or other approved funding source shall be formed/annexed, at the developer’s expense, to provide for the maintenance of the park/basin, streetlights, open spaces, all streetscape/median landscape improvements and related appurtenances and the negative fiscal impacts associated with the provision of police protection, fire suppression and road maintenance services for new development. Said CFD, or other funding source, shall be in place prior to the issuance of the first building permit for a production home and as further defined in the City of Manteca Parkland Construction Policy.

34.Developer shall be responsible for maintenance of improvements until sufficient funding through the collection of full special tax revenue is available/collected for City to maintain. This may be accomplished through a maintenance agreement, direct payment to City or other means.

City of Manteca Information Technology Department Conditions

1. Send GIS staff the proposed street name list, CAD file, and exhibit when available.

San Joaquin Valley Air Pollution Control District

1. This project shall comply with all applicable requirements from the San Joaquin Valley Air Pollution Control District.

San Joaquin County Environmental Health Department

1. Any existing wells or septic systems to be abandoned shall be destroyed under permit and inspection by the EHD (San Joaquin County Development Title, Section 9-1110.3 & 9-1110.4).

2. Any geotechnical drilling shall be conducted under permit and inspection by The Environmental Health Department (San Joaquin County Development Title, Section 9- 1115.3 and 9-1115.6).

Manteca Unified School District

1. Developer shall contact Manteca Unified School District Facilities Planning regarding school fees and requirements and shall provide proof of payment or waiver of such fees to the Development Services Department prior to the issuance of a building permit.

San Joaquin County Multi-Species Habitat Conservation & Open Space Plan (SJMSCP)

1. This Project is subject to the SJMSCP and is required to comply with the SJMSCP permitting process.

ATTACHMENT 11
28 ACKNLOWLEDGEMENT OF TERMS AND CONDITIONS

MUST BE CERTIFIED BY A NOTARY PUBLIC
The City reserves the right to withhold the finalization of the structure(s) and/or terminate City utilities (i.e., shut off water and sewer) until all conditions of the City-approved site plan have been completed. Please contact the Development Services Department if you are unable to complete the site plan improvements prior to occupancy of the project.

The fees associated with this project are payable at the time of building permit issuance.

For information on fees associated with the project, please contact the Building Safety Division at 209-456-8550.

I, as the site plan applicant, or authorized agent for the site plan applicant, have read and understand the conditions of approval and requirements for this development project. I, further, understand that this site plan runs with the ownership of the land and any transfer of ownership must include all uncompleted site plan requirements. I hereby acknowledge all conditions and requirements of the site plan approval.

Date Authorized Signature
Date Authorized Signature
ATTACHMENT 11
Mitigation Monitoring and Reporting Program
for the
Dutra Property Subdivision Project
City of Manteca, San Joaquin County, California
State Clearinghouse No. 2022070148
Prepared for:

City of Manteca
Community Development Department
1001 West Center Street
Manteca, CA 95337
209.456.8516
Contact: Lea C. Simvoulakis, Planning Manager
Prepared by:

De Novo Planning Group
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
916.580.9818
Contact: Steve McMurtry, Principal
August 17, 2022
ATTACHMENT 11
MITIGATION MONITORING AND REPORTING PROGRAM 2022
Dutra Property Subdivision 2
This document is the Mitigation Monitoring and Reporting Program (MMRP) for the Dutra Property Subdivision (Project). This MMRP has been prepared pursuant to Section 21081.6 of the California Public Resources Code, which requires public agencies to “adopt a reporting and monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment.” A MMRP is required for the proposed Project because the MND has identified significant adverse impacts, and measures have been identified to mitigate those impacts.

The numbering of the individual mitigation measures follows the numbering sequence as found in the Initial Study.

MITIGATION MONITORING AND REPORTING PROGRAM
The MMRP, as outlined in the following table, describes mitigation timing, monitoring responsibilities, and compliance verification responsibility for all mitigation measures identified in the Initial Study.

The City of Manteca will be the primary agency responsible for implementing the mitigation measures and will continue to monitor mitigation measures that are required to be implemented during the operation of the proposed Project.

The MMRP is presented in tabular form on the following pages. The components of the MMRP are described briefly below:
• Mitigation Measures: The mitigation measures are taken from the Initial Study in the same order that they appear in that document.
• Mitigation Timing: Identifies at which stage of the project mitigation must be completed. • Monitoring Responsibility: Identifies the agency that is responsible for mitigation monitoring.
• Compliance Verification: This is a space that is available for the monitor to date and initial when the monitoring or mitigation implementation took place.

ATTACHMENT 11
MITIGATION MONITORING AND REPORTING PROGRAM 2022
Dutra Property Subdivision 3
TABLE 1: MITIGATION MONITORING AND REPORTING PROGRAM

ENVIRONMENTAL IMPACT MITIGATION MEASURE

MONITORING

RESPONSIBILITY
TIMING

VERIFICATION
(DATE/INITIALS)

AGRICULTURAL RESOURCES
Convert Prime Farmland, Unique
Farmland, or Farmland of
Statewide Importance (Farmland),
as shown on the maps prepared
pursuant to the Farmland Mapping
and Monitoring Program of the
California Resources Agency, to
non-agricultural use?
Mitigation Measure AG-1: Prior to the conversion of important farmland on the Project site, the Project applicant shall participate in the City’s agricultural mitigation fee program and the SJMSCP by paying the established fees on a per-acre basis for the loss of important farmland. Fees paid toward the City’s program shall be used to fund conservation easements on comparable or better agricultural lands to provide compensatory mitigation.

City of Manteca
Community
Development
Department
San Joaquin
Council of
Governments
Prior to site
disturbance

BIOLOGICAL RESOURCES
Have a substantial adverse effect,
either directly or through habitat
modifications, on any species
identified as a candidate, sensitive,
or special status species in local or
regional plans, policies, or
regulations, or by the California
Department of Fish and Game or
U.S. Fish and Wildlife Service?
Mitigation Measure BIO-1: Prior to commencement of any grading activities, the Project proponent shall seek coverage under the SJMSCP to mitigate for habitat impacts to covered special status species. Coverage involves compensation for habitat impacts on covered species through implementation of incidental take and minimization Measures (ITMMs) and payment of fees for conversion of lands that may provide habitat for covered special status species. These fees are used to preserve and/or create habitat in preserves to be managed in perpetuity. Obtaining coverage for a Project includes incidental take authorization (permits) under the Endangered Species Act Section 10(a), California Fish and Game Code Section 2081, and the MBTA. Coverage under the SJMSCP would fully mitigate all habitat impacts on covered special-status species.

City of Manteca
Community
Development
Department
San Joaquin
Council of
Governments
Prior to any
ground
disturbance
Conflict with the provisions of an
adopted Habitat Conservation
Plan, Natural Community
Conservation Plan, or other
approved local, regional, or state
habitat conservation plan?
Mitigation Measure BIO-2: Prior to the approval of improvement plans, the Project applicant shall provide a landscape plan that includes tree planting specifications established by the Manteca Municipal Code (17.19.060) for the replacement of any trees, excluding orchard and non-native trees, to be removed at a ratio of 1:1. Replacement trees shall be planted on-site at a location that is agreeable to the City.

City of Manteca
Community
Development
Department
Prior to any
ground
disturbance

CULTURAL AND TRIBAL RESOURCES
ATTACHMENT 11
2022 MITIGATION MONITORING AND REPORTING PROGRAM
4 Dutra Property Subdivision

ENVIRONMENTAL IMPACT MITIGATION MEASURE

MONITORING

RESPONSIBILITY
TIMING

VERIFICATION
(DATE/INITIALS)
Cause a substantial adverse
change in the significance of a
historical or archeological resource
pursuant to Section15064.5?
Mitigation Measure CUL-1: The Project applicant shall ensure that a training session for all workers is conducted in advance of the initiation of construction activities at the site. The training session will provide information on recognition of artifacts, human remains, and cultural deposits to help in the recognition of potential issues.

Mitigation Measure CUL-2: The Project applicant shall retain a qualified archaeologist to observe initial ground disturbance activities, during initial grading. If artifacts, exotic rock, shell or bone are uncovered during the construction, the archaeologist will be able to document the finding, and determine if additional work is necessary to excavate or remove the artifacts or feature.

Mitigation Measure CUL-3: If cultural resources (i.e., prehistoric sites, historic sites, isolated artifacts/features, and paleontological sites) are discovered during construction, work shall be halted immediately within 50 meters (165 feet) of the discovery, the City of Manteca shall be notified, and a qualified archaeologist that meets the Secretary of the Interior’s Professional Qualifications Standards in prehistoric or historical archaeology (or a qualified paleontologist in the event paleontological resources are found) shall be retained to determine the significance of the discovery. The City of Manteca shall consider recommendations presented by the professional for any unanticipated discoveries and shall carry out the measures deemed feasible and appropriate. Such measures may include avoidance, preservation in place, excavation, documentation, curation, data recovery, or other appropriate measures. Specific measures are developed based on the significance of the find.

City of Manteca
Community
Development
Department
Qualified
archaeologist
If any cultural
resources,
including
prehistoric or
historic
artifacts, or
other
indications of
archaeological
resources are
found during
grading and
construction
activities
Disturb any human remains,
including those interred outside of
formal cemeteries?
Mitigation Measure CUL-4: If any human remains are found during grading and construction activities, all work shall be halted immediately within 50 meters (165 feet) of the discovery and the County Coroner must be notified, according to Section 5097.98 of the State Public Resources Code and Section 7050.5 of California’s Health and Safety Code. If the remains are determined to be Native American, the coroner shall notify the Native American Heritage Commission, and the procedures outlined in CEQA Section 15064.5(d) and (e) shall be followed. Additionally, if the Native American resources are identified, City of Manteca
Community
Development
Department
Qualified
archaeologist
If any cultural
resources,
including
prehistoric or
historic
artifacts, or
other
indications of
ATTACHMENT 11
MITIGATION MONITORING AND REPORTING PROGRAM 2022
Dutra Property Subdivision 5

ENVIRONMENTAL IMPACT MITIGATION MEASURE

MONITORING

RESPONSIBILITY
TIMING

VERIFICATION
(DATE/INITIALS)
a Native American monitor, following the Guidelines for Monitors/Consultants of Native American Cultural, Religious, and Burial Sites established by the Native American Heritage Commission, may also be required and, if required, shall be retained at the applicant’s expense.
archaeological
resources are
found during
grading and
construction
activities

GEOLOGY, SOILS, AND MINERAL RESOURCES
Directly or indirectly cause
potential substantial adverse
effects, including the risk of loss,
injury, or death involving: Seismicrelated ground failure, liquefaction, lateral spreading,
subsidence, collapse, or soil
expansion.

Mitigation Measure GEO-1: Prior to issuance of any building permits, the Project applicant shall be required to submit building plans to the City of Manteca for review and approval. The building plans shall also comply with all applicable requirements of the most recent California Building Standards Code. All on-site soil engineering activities shall be conducted under the supervision of a licensed geotechnical engineer or certified engineering geologist.

City of Manteca
Community
Development
Department
Certified
geotechnical
engineer
Prior to clearing,
grading, and
disturbances to
the ground such
as stockpiling, or
excavation
Result in substantial soil erosion or
the loss of topsoil?
Mitigation Measure GEO-2: The Project applicant shall submit a Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) to the RWQCB in accordance with the NPDES General Construction Permit requirements. The SWPPP shall be designed to control pollutant discharges utilizing Best Management Practices (BMPs) and technology to reduce erosion and sediments. BMPs may consist of a wide variety of measures taken to reduce pollutants in stormwater runoff from the Project site. Measures shall include temporary erosion control measures (such as silt fences, staked straw bales/wattles, silt/sediment basins and traps, check dams, geofabric, sandbag dikes, and temporary revegetation or other ground cover) that will be employed to control erosion from disturbed areas. Final selection of BMPs will be subject to approval by the City of Manteca and the RWQCB. The SWPPP will be kept on site during construction activity and will be made available upon request to representatives of the RWQCB.

City of Manteca
Community
Development
Department
Regional Water
Quality Control
Board
Prior to
earthmoving
activities

HAZARDS AND HAZARDOUS MATERIALS
ATTACHMENT 11
2022 MITIGATION MONITORING AND REPORTING PROGRAM
6 Dutra Property Subdivision

ENVIRONMENTAL IMPACT MITIGATION MEASURE

MONITORING

RESPONSIBILITY
TIMING

VERIFICATION
(DATE/INITIALS)
Create a significant hazard to the
public or the environment through
the routine transport, use, or
disposal of hazardous materials or
through the reasonably
foreseeable upset and accident
conditions involving the release of
hazardous materials into the
environment?
Mitigation Measure HAZ-1: The Project applicant shall hire a qualified consultant to perform soil and site testing to check whether hazardous conditions are present, prior to any grading activities. The soil sampling shall address the presence/absence of hazardous substances in the soils, including agrichemicals and/or petroleum products. A soil sampling and analysis workplan shall be shall be prepared and meet the requirements of the Department of Toxic Substances Control Interim Guidance for Sampling Agricultural Properties (2008). The soils in the area where farming equipment and/or tanks have been stored should be included in the soil sampling and analysis workplan.

If the sampling results indicate the presence of agrichemicals that exceed commercial screening levels, a removal action workplan shall be prepared in coordination with San Joaquin County Environmental Health Department. The removal action workplan shall include a detailed engineering plan for conducting the removal action, a description of the on-site contamination, the goals to be achieved by the removal action, and any alternative removal options that were considered and rejected and the basis for that rejection. A no further action letter shall be issued by San Joaquin County Environmental Health Department upon completion of the removal action. The removal action shall be deemed complete when the confirmation samples exhibit concentrations below the commercial screening levels, which will be established by the agencies.

If asbestos-containing materials and/or lead are found in the buildings, a California Occupational Safety and Health Administration (Cal/OSHA) certified asbestos containing building materials (ACBM) and lead based paint contractor shall be retained to remove the asbestos-containing materials and lead in accordance with EPA and Cal/OSHA standards. In addition, all activities (construction or demolition) in the vicinity of these materials shall comply with Cal/OSHA asbestos and lead worker construction standards. The ACBM and lead shall be disposed of properly at an appropriate offsite disposal facility.

Mitigation Measure HAZ-2 Prior to initiation of any ground disturbance activities within 50 feet of a well, the Project applicant shall hire a licensed well contractor to obtain a well abandonment permit from San Joaquin County San Joaquin
County
Department of
Environmental
Health
City of Manteca
Community
Development
Department
Prior to the
issuance of a
grading permit
ATTACHMENT 11
MITIGATION MONITORING AND REPORTING PROGRAM 2022
Dutra Property Subdivision 7

ENVIRONMENTAL IMPACT MITIGATION MEASURE

MONITORING

RESPONSIBILITY
TIMING

VERIFICATION
(DATE/INITIALS)
Environmental Health Department, and properly abandon the on-site wells, pursuant to review and approval of the City Engineer and the San Joaquin County Environmental Health Department.

NOISE
Impact 3.11-1: The proposed
Project may generate a substantial
temporary or permanent increase
in ambient noise levels in the
vicinity of the project in excess of
standards established in the local
general plan or noise ordinance, or
applicable standards of other
agencies.

Mitigation Measure NOISE-1: To reduce traffic noise increases, Oleander Avenue from “Street D” to Woodward Avenue shall be paved with quiet pavement. If an updated noise analysis, prepared to the satisfaction of the Community Development Director based on the project's circulation system approved by the City, demonstrates alternative means of mitigating the project’s noise increases to Oleander Avenue from “Street D” to Woodward Avenue to be less than 5 dBA, project applicant may choose to proceed with an alternative mitigation method with the express approval of the Community Development Director. If the updated noise analysis demonstrates that the anticipated noise increases to Oleander Avenue from “Street D” to Woodward Avenue no longer exceed 5 dBA based on the mitigating effects of revised circulation patterns or another design characteristics, the paving requirement would no longer apply.

Mitigation Measure NOISE-2a: Construction activities shall adhere to the requirements of the City of Manteca Municipal Code with respect to hours of operation. This requirement shall be noted in the improvements plans prior to approval by the City’s Public Works Department.

Mitigation Measure NOISE-2b: All equipment shall be fitted with factory equipped mufflers, and in good working order. This requirement shall be noted in the improvements plans prior to approval by the City’s Public Works Department.

City of Manteca
Public Works
Department
Prior to
approval of
improvements
plans
Generation of excessive
groundborne vibration or
groundborne noise levels?
Mitigation Measure NOISE-3: Any compaction required less than 26 feet from the adjacent residential structures shall be accomplished by using static drum rollers which use weight instead of vibrations to achieve soil compaction. As an alternative to this requirement, pre-construction crack documentation and construction vibration monitoring could be conducted to ensure that construction vibrations do not cause damage to any adjacent structures.

City of Manteca
Public Works
Department
Prior to
approval of
improvements
plans
ATTACHMENT 11
2022 MITIGATION MONITORING AND REPORTING PROGRAM
8 Dutra Property Subdivision

ENVIRONMENTAL IMPACT MITIGATION MEASURE

MONITORING

RESPONSIBILITY
TIMING

VERIFICATION
(DATE/INITIALS)

PUBLIC SERVICES
Would the project result in
substantial adverse physical
impacts associated with the
provision of new or physically
altered governmental facilities,
need for new or physically altered
governmental facilities, the
construction of which could cause
significant environmental impacts,
in order to maintain acceptable
service ratios, response times or
other performance objectives for
any of the public services: Parks
Mitigation Measure PUBLIC-1: The Project applicant shall pay applicable park in-lieu fees or dedicate parkland in accordance with the City of Manteca Municipal Code standards outlined in Chapter 3.20. Proof of payment of the in-lieu fees shall be submitted to the City Engineer.

City of Manteca
Public Works
Department
Prior to issuance
of building
permits for each
phase of the
Project

UTILITIES
Require or result in the relocation
or construction of new or
expanded water, wastewater or
storm water drainage, electric
power, natural gas, or
telecommunications facilities, the
construction or relocation of
which could cause significant
environmental effects?
Mitigation Measure UTIL-1: Prior to the issuance of a building or grading permit, the Project applicant shall submit a drainage plan to the City of Manteca for review and approval. The plan shall include an engineered storm drainage plan that demonstrates attainment of pre-Project runoff requirements prior to release at the outlet canal and describes the volume reduction measures and treatment controls used to reach attainment consistent with the Manteca Storm Drain Master Plan.

City of Manteca
Public Works
Department
Prior to issuance
of building
permits for each
phase of the
Project
ATTACHMENT 11
MITIGATION MONITORING AND REPORTING PROGRAM 2022
Dutra Property Subdivision 9
This page left intentionally blank.

ATTACHMENT 11

RESPONSE TO COMMENTS
1 Dutra Property Subdivision (SCH No 2022070148)

LIST OF COMMENTERS
Table 1 lists the comments on the Draft IS/MND that were submitted to the City of Manteca (City) during the public review period for the proposed Mitigated Negative Declaration. The assigned comment letter or number, letter date, letter author, and affiliation, if presented in the comment letter or if representing a public agency, are also listed. Letters received are coded with letters (A, B, etc.).

TABLE 1 LIST OF COMMENTERS ON DRAFT IS/MND

RESPONSE
LETTER

INDIVIDUAL OR SIGNATORY AFFILIATION DATE
A Tom Dumas Caltrans 7/27/22
B Peter Minkel Central Valley Regional Water Quality Control Board 8/8/22 C Zach Kerns California Department of Wildlife 8/8/22

COMMENTS AND RESPONSES
The lead agency is evaluating and responding to all comments on the that regard an environmental issue.

The written response addresses the environmental issue raised and provides a detailed response. The written response is a good faith and reasoned analysis. It is noted that lead agencies need only to respond to significant environmental issues associated with the proposed Project and do not need to provide all the information requested by the commenter, as long as a good faith effort at full disclosure.

RESPONSES TO COMMENT LETTERS
Written comments on the CEQA document are reproduced on the following pages, along with responses to those comments. To assist in referencing comments and responses, the following coding system is used:
• Each letter is lettered or numbered (i.e., Letter A) and each comment within each letter is numbered (i.e., comment A-1, comment A-2).

ATTACHMENT 11

RESPONSE TO COMMENTS
2 Dutra Property Subdivision (SCH No 2022070148)
A-1
A-2
A-3
A-4
A-5
ATTACHMENT 11

RESPONSE TO COMMENTS
Dutra Property Subdivision (SCH No 2022070148) 3
A-6
A-5 Cont’d
A-7
A-8
A-9
A-10
A-11
A-12
A-13
ATTACHMENT 11

RESPONSE TO COMMENTS
4 Dutra Property Subdivision (SCH No 2022070148)
A-13 Cont’d
A-14
A-15
ATTACHMENT 11

RESPONSE TO COMMENTS
Dutra Property Subdivision (SCH No 2022070148) 5
Response to Letter A: Caltrans
Response A-1: The commenter states: “Please make the following revisions to the Transportation Impact Analysis (TIA) and submit to Caltrans for review and comment prior to project approval.” This comment is noted.

Response A-2: The commenter states: “The TIA needs to include the scenario “Existing Year Plus Proposed Project Plus Any Approved/Pending Projects.”
Analysis of future development within the City is addressed via the Cumulative Conditions analysis as the local travel demand model was used in the volume forecasts and is consistent with the City's latest approved general plan. No changes are recommended.

Response A-3: The commenter states: “The TIA needs to include queueing analysis for the following conditions
• Existing Conditions without Project
• Existing Plus Project Conditions
• Existing Year Plus Proposed Project Plus Any Approved/Pending Projects • Cumulative (2040) Conditions without Project
• Cumulative (2040) Plus Project Conditions”
This information is provided in the updated TIA (attached) as requested and will be consistent with comment #13 request.

Response A-4: The commenter states: “The TIA needs to include the following study intersections:
• Airport Way & Daniels Street
• Airport Way & Atherton Drive”
The traffic scope was established early in the process. The scoping of study intersections and roadway segments was coordinated with the City of Manteca Engineering Department and Kittelson Associates. The City is comfortable that the project was properly scoped to evaluate the roadway network for their engineering considerations.

The CEQA document appropriately evaluated VMT per the requirements of SB 375.

Response A-5: The commenter states: “Using the Existing Turning Movement Counts the Appendix, we could not verify the Existing Traffic Volumes in Figure 3 of the TIA. Please review and revise the Existing Turning Movement Counts section within the Appendix and provide Caltrans with Existing Turning Movement Counts that can be used to verify the Existing Traffic Volumes in Figure 3.”
The existing turning movement volumes shown in Figure 3 represent balanced existing AM and PM peak hour volumes. Raw peak hour existing count data for each individual study intersection provided in Appendix B were evaluated and adjusted (upwards/increasing only) where necessary to arrive at the balanced existing AM and PM ATTACHMENT 11

RESPONSE TO COMMENTS
6 Dutra Property Subdivision (SCH No 2022070148)
peak hour analysis volumes. Text on page 8 of the TIA has been updated to document this detail.

Response A-6: The commenter states: “Figure 3 (Existing Traffic Volumes) shows that at the intersection of Airport Way & SR 120 WB on/offramp during PM peak hour, the northbound through movements for Airport Way shows 703 vehicles. However, this seems to contradict data in other parts of the TIA. Please indicate where the TIA gets the 703 vehicles from and ensure that similar errors do not appear with other turning movements/intersections as well.
• In the Appendix, the northbound through movements for Airport Way shows 802 vehicles based on the turning movement diagram.
• The 15-minutes count period from 4:00 PM to 5:00 PM shows that there are 712 (199+180+164+169 = 712) vehicles for the northbound through movement.” There appears to be some confusion and a mistake from the commenter. There is an error in the commenter's calculation "199+180+164+169". As shown in the Appendix, the 4:00pm-5:00pm NBT volume is 199+170+164+169=702.

Figure 3 shows 702 NB vehicles at the Airport Way/SR 120 WB ramps during the PM peak hour, the Synchro Existing PM peak hour analysis work sheet shown in the Existing Conditions Analysis Appendix show 703 vehicles, and Figure 3 shows 703 PM peak hour vehicles. The additional 1 vehicle was due to volume balancing. No changes are recommended.

Response A-7: The commenter states: “How was the Peak Hour Factor (PHF) inputted into Synchro calculated? Where does the PHF came from in the existing traffic counts?” The peak hour factor (PHF) data was determined based upon existing peak hour volumes and was applied at each individual intersection. Existing PHF data is presented in the Existing Turning Movement Counts Appendix of the Report along with existing peak hour turning movement volumes, heavy vehicle percentages, and pedestrian/bike counts. No changes are recommended.

Response A-8: The commenter states: “How was the truck percentage for each turning movement that was inputted into Synchro calculated? Each turning movement should have its own truck percentage based upon the number of vehicles and trucks for each turning movement.” Heavy vehicle truck volumes were collected along with passenger vehicle, pedestrian, and bike data and is presented in the Existing Turning Movement Counts section of the Appendix. Heavy vehicle % was coded by approach, but will be revised and coded by movement as requested.

Response A-9: The commenter states: “The default link speed within Synchro is 30 mph. Please review the link speed used in the Synchro and change it to the posted speed limit.” ATTACHMENT 11

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Link speeds have been updated in the TIA as requested.

Response A-10: The commenter states: “The segment of Airport Way between Peregrine St. and Woodward Ave has one lane for northbound traffic. However, the Synchro files show that the segment has two lanes for northbound traffic. Please correct this and check the Synchro model to ensure it accurately represents the existing field conditions for all study years unless it is part of a mitigation.”
The existing synchro files has been revised as requested. Airport Way is planned to be widened to 4 lanes per the PFIP.

Response A-11: The commenter states: “Please balance the volume of traffics within Synchro for all roadway segments.”
As noted in response #5 above, inconsistencies between Figure 3 (Existing Peak Hour Volumes) and the raw existing volume summaries in the appendix are due to peak hour balancing where appropriate. Text will be added to the report to describe the balancing process. Balancing will only be applied where applicable, for example between interchange ramps.

Response A-12: The commenter states: “Provide the output from the travel model developed for the City of Manteca General Plan Update and any calculations for the established baseline VMT per single family residential household of 103.8 and the 2040 with Project VMT per single family residential household of 63.6 to the Appendix.”
VMT output summaries are provided in the Appendix to the TIA.

Response A-13: The commenter states: “It is expected that the TIA’s queue analysis results be shown in SimTraffic instead of Synchro to measure the full impact of queueing and blocking since SimTraffic is designed to model networks of signalized and unsignalized intersections, closely spaced intersections with blocking problems, and the effects of signals on nearby unsignalized intersections and driveways. To determine if studied intersections operate in coordination (especially queue distances between signalized intersections, between signalized and unsignalized intersections), they need to be coded as actuated coordinated. Additionally, SimTraffic should include 10-minute seed time and 60-minute record time of 15-minute interval, and the model should be recorded with 5 to 10 simulation runs. Please use Synchro/SimTraffic V11 for the analysis.” Queue results have been added to the report using SimTraffic as requested.

Response A-14: The commenter states: “Caltrans recommends a Complete Streets approach to planning this development and the surrounding area that promotes bicycle and pedestrian connectivity between the residence and neighboring schools, parks, businesses, and other nearby destinations. This would include facilities such as crosswalks, sidewalks, and bicycle lanes.”
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As documented in Figure 2 and on page 46 of the TIA, the project will provide sidewalk along both sides of all internal site roadways as well as sidewalk along the project frontages along Oleander Avenue and Peach Road.

Response A-15: The commenter states: “Caltrans recommends that nearby destinations include the facilities necessary to accommodate alternate modes of transportation such as bus stops, bike racks, and solar charging stations for electric vehicles.” Noted.

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Response to Letter B: California Department of Fish and Wildlife Response B-1: This commenter provides an introduction, outlines their regulatory authorities, and provides a comment regarding tree impacts. The comment includes CDFW’s recommendation for tree replacement at a ratio of 3:1 rather then the 1:1 specified in Mitigation Measure Bio-2.

This comment is noted, however, it is the City’s policy to impose the requirements of the Manteca Municipal Code for tree replacement. The Manteca Municipal Code calls for the avoidance of heritage trees as defined under section 17.61.030. Heritage trees are any natural woody plant rooted in the ground and having a diameter of 30 inches or more when measured two feet above the ground.

Section 17.19.060 calls for the protection of all existing trees having a diameter of six inches or more when measured 4½ feet above the ground. The City planning department must be notified of planned construction or grade changes within the proximity of existing mature trees. Existing trees must be protected from construction equipment, machinery, grade changes, and excavation for utilities, paving, and footers. Replacement of existing trees is subject to approval from the planning director and must be with a minimum 24- inch box tree of compatible species for the development site and be consistent with Section 17.19.030.

Section 12.08.070 of the municipal code prohibits cutting, pruning, removing, injuring, or interference with any tree, shrub, or plant upon or in any street tree area or other public place in the City without prior approval from the superintendent. The City is authorized to grant such permission at their discretion and where necessary. Except for utility companies, as provided in Section 12.08.080, no such permission shall be valid for a longer period than 30 days after its issuance.

As noted in the Initial Study, there are several ornamental trees associated with the existing residences within the Project site; however, none are heritage trees. While the City is not imposing a tree replacement above the 1:1 ratio, it is noted that there are 197 residential units and each unit will have a minimum of one tree planted in the front landscaping of the residence. It is also anticipated that additional trees will be planted in the backyards of the residences at the discretion of the new home owners. This number of trees planted would far exceed the commenters recommendation for a 3:1 replacement ratio.

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Response to Letter C: Central Valley Regional Water Quality Control Board Response C-1: This comment is noted. This comment serves as an introduction to the letter and does not warrant a response. No further response is necessary.

Response C-2: The comment provides background information regarding the responsibilities of the Central Valley Regional Water Quality Control Board (RWQCB). This information further elaborates on regulatory information regarding the Water Quality Control Plan for the Central Valley Region (Basin Plan), which is the guiding document for water quality and sustainable groundwater management in the region. This comment is noted. No response is necessary.

Response C-3: The comment provides information regarding “Antidegradation Considerations,” including the Basin Plan’s policy and analysis requirements for National Pollutant Discharge Elimination System (NPDES) and Waste Discharge Requirement (WDR) permitting. The project is subject to the requirements of the NPDES and WDR, which are existing regulatory requirements. No response is necessary.

Response C-4: The comment identifies construction storm water permit requirements for projects that disturb one or more acres of soil or are part of a larger plan that in total disturbs one or more acres of soil. These are regulatory requirements that require the Project Applicant to obtain coverage under the General Permit for Storm Water Discharges Associated with Construction Activities (Construction General Permit), Construction General Permit Order No. 2009-009-DWQ. To do so, the applicant(s) must prepare a Project-specific Stormwater Pollution Prevention Plan (SWPPP), which would incorporate BMPs in order to prevent or reduce to the greatest extent feasible adverse impacts to water quality from erosion and sedimentation. The proposed Project would comply with the General Construction Stormwater Permit from the Central Valley RWQCB.

Response C-5: The comment identifies construction storm water permit requirements MS4 permit requirements. The City is classified as a Phase II city by the State Water Resources Control Board. As such, the City, and consequently new development, is required to comply with the State Board’s storm water National Pollutant Discharge Elimination System (NPDES) permit for Phase II cities.

Response C-6: This comment discusses requirements of Section 404 and 401 of the federal Clean Water Act, and discharges to Waters of the State. As discussed on page 42 of the Initial Study, the Project site does not have any jurisdictional waters and is not subject to these permit requirements.

Response C-7: This comment discusses dewater permit requirements. Dewatering is not anticipated to be required as a result of construction of the proposed Project. However, should groundwater be encountered during construction and dewatering become necessary, the applicant would be required to seek the proper NPDES permit for dewatering activities.

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Response C-8: This comment discuses NPDES permits, and the preparation of Waste Discharge Reports.

These are regulatory requirements that require the Project Applicant operating under a NPDES permit to complete and submit a report of Waste Discharge to the Central Valley RWQCB. The proposed Project is required to comply with these requirements.

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