D. The Tentative Map and Final Map are subject to the Subdivision Map Act (Gov.
Code, § 66410 et seq.), City’s ordinances and regulations related to the filing, approval, and recordation of subdivision maps, the VOP Conditions of Approval, and other relevant conditions contained in Resolution 2006-122 (and any amendments thereto) (together, the “Subdivision Laws”). The Tentative Map is also subject to the terms, conditions and obligations contained in the VOP Development Agreement, and development within the Subdivision must be in accordance with the VOP Development Plan.
E. Complete improvement plans for the Property designating the construction, installation, and completion of certain public improvements, including, but not limited to, improvements in streets, alleys, water mains, sanitary sewers, storm drain systems, sidewalks, bike paths, easements and other rights-of-way as are deemed necessary by the City for the general use of residents of the Subdivision have been prepared by Subdivider and approved by the City Engineer or his designee (“Improvement Plans”), consistent with the Subdivision Laws, the Development Agreement, VOP Development Plan and Tentative Map.
F. Subdivider has submitted a proposed final map for the Property, reduced copies of which are attached hereto as Exhibit B (the “Final Map”).
G. In order for City to approve and record a Final Map for the Subdivision, Subdivider must either complete all of the improvements required by the Improvement Plans for the Final Map area (“Improvements”), or execute an agreement with City to complete the Improvements for that Final Map within a specified period.
H. In order for City to approve and record a Final Map for the Subdivision, Subdivider desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider’s sole cost, expense and risk, all of the Improvements required in connection with the Subdivision as required by the Improvement Plans, including but not limited to grading work and site clearance, the Improvements, and all labor required to complete the Improvements to the satisfaction of City (“Improvement Work”).
I. Subdivider has secured this Agreement by agreeing to deposit securities with City consisting of a cash deposit, bond, or letter of credit in form acceptable to City to secure the installation of remaining onsite and offsite Improvements, and a one-year warranty of workmanship for onsite and offsite improvements, in accordance with the terms provided herein (the “Securities”).
NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the Parties agree as follows:
AGREEMENT
1. Recitals. The recitals above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement. In the event of any inconsistency between the Recitals and Sections 1 through 22 of this Agreement, Sections 1 through 22 shall prevail.
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Packet Pg. 576 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map & {CW113562.3}
SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire
2. Effective Date and Term. The City Engineer requires this Agreement to be executed by the Parties prior to Subdivider initiating any offsite improvements, and Securities for all the remaining onsite and offsite improvements shall be provided prior to Subdivider initiating any offsite work. This Agreement shall become effective on the date that both Subdivider and City have executed this Agreement (the “Effective Date”), and shall terminate after the release of all Securities, unless this Agreement is terminated in writing, signed and notarized by both Parties and recorded. Notwithstanding the foregoing, this Agreement shall terminate prior to the release of all Securities as to any portion of the Property that City provides a Certificate of Completion relating to such Property or Final Map area, provided that the Warranty shall continue in accordance with this Agreement. Under all other circumstances, this Agreement, including the rights and obligations of the Parties hereunder, shall automatically terminate after any lot within the Subdivision has been conveyed to an individual homebuyer and a Certificate of Occupancy has been issued by City in accordance with this Agreement.
3. Dedication. Except as otherwise provided in this Agreement or in the action of the City Council approving the Final Map, City hereby rejects all lands, rights-of-way and easements offered for dedication on the Final Map or by separate instrument. Such offers, however, shall remain open and constitute irrevocable offers of dedication in accordance with Government Code section 66477.2. All such offers of dedication may be accepted by the City Council, in its sole discretion, as provided in Section 8.
4. Installation of Improvements. Upon execution of this Agreement, Subdivider may proceed with onsite grading, horizontal improvements that do not require the issuance of a building permit for vertical construction, and street work for all approved Improvement Plans.
Upon deposit of all Securities for the offsite improvements, Subdivider may proceed with installation of all offsite Improvements. Subdivider agrees to furnish, construct and install at Subdivider’s own expense the Improvements, as shown on the Improvement Plans, which are to be installed to the sole satisfaction of the City Engineer. The Improvement Plans may only be modified by Subdivider subject to prior written approval by the City Engineer.
5. Subdivider’s Obligations. Subdivider shall perform each of the following prior to conveying any legal parcel or lot created by the Final Map for the Subdivision, and prior to City’s issuance of any building permit to construct any residential units within the Subdivision:
A. Complete, at Subdivider’s sole cost and expense in a good and workmanlike manner, all of the Improvements within the Final Map in conformance with the Subdivision Laws, and all applicable standards under City codes and ordinances and City’s general plan related to the Improvements (collectively, the “Improvement Standards”).
B. Commence construction of the Improvements within six (6) months from the Effective Date of this Agreement unless otherwise approved or extended in writing by the City Engineer, for good cause, after written application by Subdivider. Subdivider shall notify the City Engineer in writing at least three (3) calendar days before the commencement of construction of the Improvements.
C. Complete all Improvements within twelve (12) months from the Effective Date of this Agreement, unless otherwise approved or extended in writing by the City Engineer,
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Packet Pg. 577 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map & {CW113562.3}
SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire
for good cause, after written application by Subdivider. Such application shall state fully the grounds and facts showing good cause for such extension to be granted. In granting any extension of time, the City Engineer may require a new or amended subdivision improvement agreement, or new security, to reflect increases in the costs of constructing the Improvements or other conditions related to the extension of time.
D. Furnish and pay for all necessary equipment, labor and materials to complete the Improvements in conformity with the Improvement Standards.
E. Replace or repair all public improvements, private property, public utility facilities, and surveying or subdivision monuments that are destroyed or damaged in the performance of any work related to this Agreement to the same condition that existed prior to the destruction or damage. Subdivider shall bear the entire cost of replacement or repairs of any and all public or private property damaged or destroyed in the performance of any work related to this Agreement. Any repair or replacement work shall be to the satisfaction, and subject to the approval, of the City Engineer.
F. Provide safe access to City and its agents for inspection of the Improvements.
G. Give good and adequate warning to the public of each and every dangerous condition existing on or near the Improvements, and take reasonable action to protect the public from any such dangerous condition.
H. Perform all construction work related to installing the Improvements between 7:00 a.m. and 6:00 p.m. on weekdays and between 8:00 a.m. and 5:00 p.m. on weekends and legal holidays, unless otherwise approved in writing by the City Engineer.
I. Require each contractor and subcontractor to have a competent foreman on the job at all times when that contractor or subcontractor, or any employee or agent thereof, is performing any work related to the Improvements. Subdivider shall maintain an office with a telephone and Subdivider or a person authorized to make decisions and act for Subdivider in Subdivider’s absence shall be available at the site of any Improvements within three (3) hours of being called at such office by City at any time when construction work is being performed on the Improvements.
J. Assume all costs for utility and cable television undergrounding or relocation which is not the responsibility of the cable television, , electric, telephone or other utility company under the terms of any franchises with City or otherwise imposed upon the utility companies by law.
K. Obtain and comply with all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees and taxes required by law.
L. Participate in the formation of a Community Facilities District (“CFD”) to finance ongoing maintenance of public improvements serving the Subdivision pursuant to the
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Packet Pg. 578 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map & {CW113562.3}
SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire
Mello-Roos Community Facilities District Act (Gov. Code, § 53311 et seq.), or provide alternate financing of ongoing maintenance obligations in a form acceptable to City, and complete all necessary proceedings to include the Property into such CFD. The Parties acknowledge Subdivider’s satisfaction of this obligation as the Property is subject to CFD 2018-1 and CFD 2018-2.
M. Participate in the formation of a CFD to finance ongoing maintenance and public services related to the Property and the VOP area, and complete annexation, and complete all necessary proceedings to include the Property into such CFD.
N. Complete all necessary proceedings to annex the Property into City CFD 2003-01, pursuant to the VOP Development Agreement.
O. Document Subdivider’s compliance with the School Facilities Funding and Mitigation Agreement, originally entered between NET and Patterson Joint Unified School District (“PJUSD”), or with a separate agreement implementing those portions of Subdivider’s obligations relative to the VOP area. Prior to the issuance of any building permits, Subdivider shall document such compliance through a letter provided by PJUSD.
P. Pay all amounts due at Final Map. Pursuant to the Operating Memorandum, City no longer requires payment of the Water Component of the City’s AB 1600 Capital Facilities Fee at Final Map recordation. Subdivider or its successor shall pay $7,567 per single-family residential unit, $4,540 per multifamily unit, and $6.23 per square foot of light industrial, commercial, and downtown core unit, at building permit issuance.
Q. Pursuant to the Operating Memorandum, prior to Final Map recordation, Subdivider shall certify to City that any offsite dedications, easements or rights-of-way required by adjacent landowners are reasonable and approved by the adjacent landowner. Subdivider shall coordinate with such landowners to execute and provide documentation of any easements, rightsof-way or dedications to City within fifteen (15) business days of receiving a written request for such by City.
6. Estimated Cost of Improvements. The total cost of the remaining onsite and offsite Improvements, as provided by Subdivider and reviewed and confirmed by the City Engineer, is estimated to be $__________, of which the total cost of offsite Improvements is estimated to be $_________. Under this Agreement, City will allow Subdivider to bond against remaining onsite and offsite Improvements only, provided that City will not actually record the Final Map until Performance and Payment Securities are provided to City for the remaining onsite and offsite Improvements, and a Warranty Security is provided to City for all offsite and onsite Improvements.
7. Title to Improvements. City shall not accept any property to be dedicated, or the Improvements, unless they are constructed in conformity with the Improvement Plans and Improvement Standards to the satisfaction of the City Engineer. Subdivider shall retain title to, shall be responsible for, and shall bear the risk of loss to, any of the Improvements constructed or installed, until such time as the Improvements are accepted by City. Title to and ownership of the
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Packet Pg. 579 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map & {CW113562.3}
SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire
Improvements and any real property to be dedicated shall vest absolutely in City upon completion and acceptance of such Improvements by the City Council pursuant to Section 8 below. City shall not accept the Improvements unless title to the Improvements is entirely free from all liens. Prior to acceptance, at City’s request, Subdivider shall supply City with appropriate lien releases, at no cost to and in a form acceptable to City.
8. Acquisition and Dedication of Easements or Rights-of-Way. If any of the Improvements are to be constructed or installed on land not within the Subdivision or an already existing public right-of-way, no construction or installation shall commence before:
A. The irrevocable offer of dedication or conveyance to City of appropriate rights-of-way, easements or other interests in real property, and appropriate authorization from the property owner to allow construction or installation of the Improvements; or B. The issuance of an order of possession by a court of competent jurisdiction pursuant to the State Eminent Domain Law (Cal. Code Civ. Proc. § 1230.010 et seq.). Subdivider shall comply in all respects with any such order of possession.
9. Final Acceptance of Work. The Improvements on the Final Map, together with the easements, rights-of-way, and other interests in real property, shall be deemed accepted by City only after (A) acceptance by the City Council upon recommendation of the City Engineer, after satisfactory completion and inspection of all Improvements, and (B) issuance of a Certificate of Completion by the City Engineer. City’s acceptance of the dedications shall not constitute a waiver by City of any defects or deficiencies in the Improvements.
10. Damage to Improvements. Subdivider is exclusively responsible for the care and maintenance of, and any damage to, the Improvements, prior to final acceptance as provided in Section 8 above. Subdivider shall replace or repair all Improvements, utility facilities and monuments that are damaged or destroyed for any reason, regardless of the cause of damage or the ownership of the underlying property. Any repair or replacement shall be to the satisfaction of the City Engineer.
11. Repair of Defective Work. If, however, within a period of one (1) year after final acceptance by the City Council of the Improvements, any portion of the Improvements or any work done under this Agreement fails to fulfill any of the requirements of this Agreement, the Improvement Plans or the Improvement Standards, Subdivider shall without delay and without any cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements or work. If Subdivider fails to act promptly in accordance with this requirement, or if the exigencies of the situation require repairs or replacements to be made before Subdivider can be notified or correct the situation, then City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to City the actual cost of such repairs within thirty (30) days of the date of billing for such work by City.
12. Securities.
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Packet Pg. 580 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map & {CW113562.3}
SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire
A. Types of Security. City has accepted and approved the Final Map, however, Subdivider expressly agrees that City will not record the Final Map until the following securities are provided (collectively, the “Securities”):
i. Performance Security. An amount determined by the City Engineer to be one hundred percent (100%) of the total estimated Cost of Improvements ( remaining onsite and offsite only), securing Subdivider’s faithful performance and completion of the Improvements, in the form attached hereto as Exhibit C (“Performance Security”). ii. Payment Security. An additional amount determined by the City Engineer to be not less than one hundred percent (100%) of the total estimated Cost of Improvements ( remaining onsite and offsite only), securing Subdivider’s payment to any contractor, subcontractor, person renting or supplying equipment, or furnishing labor and materials related to installing and completing the Improvements, in the form attached hereto as Exhibit D (“Payment Security”).
iii. Warranty. An additional amount of ten percent (10%) of the estimated Cost of Improvements, for the guarantee and warranty of the Improvements against any defective work or labor done, or defective materials (offsite and onsite), for a period of one (1) year following their completion and acceptance by City, in the form attached hereto as Exhibit E (“Warranty”). Upon Subdivider’s reasonable request, the Warranty may be posted after the Final Map is accepted but immediately prior to all public improvements being deemed complete and accepted by City.
B. Conditions of Security.
i. Bonds. Any bonds submitted as the Securities shall be executed by a surety company authorized to conduct a surety business in California and shall be in a form as specified by the Subdivision Laws and approved by the City Attorney. ii. Irrevocable. All Securities deposited as bonds under this Agreement shall be irrevocable, shall not be limited as to time (except as to the guarantee and warranty period set forth in Section 11.C.iii below), and shall provide that they may be released, in whole or part, only upon the written approval of the City Engineer, as provided under the Subdivision Laws and subdivision C below. All Securities shall expressly obligate the surety for any extension of time authorized by City for Subdivider’s completion of the Improvements, whether or not the surety is given notice of such an extension by City. No change, alteration or addition to the terms of this Agreement or the plans and specifications incorporated herein shall in any manner affect the obligation of the sureties, except as required by the Subdivision Laws. iii. Replacement. If Subdivider seeks to replace any of the Securities, such replacement shall: (1) comply with all requirements of this Agreement; (2) be provided by Subdivider to the City Engineer; and (3) upon written acceptance by the City Engineer, be deemed to be a part of this Agreement. Upon the City Engineer’s acceptance of any replacement Securities, the earlier provided Securities may be released by City.
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Packet Pg. 581 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map & {CW113562.3}
SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire
C. Release of Securities. The Securities required by this Agreement shall be released in accordance with the Subdivision Laws and the following provisions:
i. Performance Security. City shall release or agree to a reduced Performance Security for the Improvements upon City’s acceptance of all dedications or the portions applicable to each Final Map area, in accordance with Section 8, or as may otherwise be authorized in accordance with the Subdivision Map Act (Gov. Code, § 66499.7). ii. Payment Security. City shall release the Payment Security for the Improvements in accordance with the Subdivision Laws. The Payment Security may, six (6) months after the Certificate of Completion is issued by the City Engineer, be reduced to an amount equal to the amount of all claims filed and related to the Improvements of which notice has been given to City. The balance of the Payment Security shall be released upon the settlement of all claims and obligations for which the Payment Security was given. iii. Warranty. The Securities provided for guarantee and warranty of workmanship shall be released after one (1) year following the issuance of a Certificate of Completion for the Improvements. If, however, the City Engineer determines there are defects in the Improvements that require correction pursuant to Section 10 above, and such defects are not corrected within a reasonable time, the City Engineer shall utilize the Securities to make all necessary corrections, including payment of reasonable expenses and fees and attorney’s fees in connection with enforcement of any provision of this Agreement.
D. Records. Evidence of the Securities required by this Agreement shall be kept on file with the City Clerk. If the City Council or City Engineer gives specific, written approval to replace the Securities by another approved security, such replacement Securities shall be filed with the City Clerk and, upon filing, shall be deemed to be incorporated into this Agreement. Upon filing of replacement Securities with the City Clerk, the replaced Securities may be released.
13. Inspections. All Improvements shall be constructed under the inspection of the City Engineer and his designees (collectively “City Inspectors”). Subdivider shall at all times maintain safe access for inspection of the Improvements. Upon completion of the Improvements Subdivider may request a final inspection by City Inspectors. The City Engineer shall not issue the Certificate of Completion for the Improvements on a Final Map unless Subdivider has completed the Improvements for that Final Map in accordance with the Improvement Plans, Improvement Standards and Subdivision Laws. If the City Engineer determines that the Improvements have been completed in accordance with the Improvement Plans, Improvement Standards and Subdivision Laws, the City Engineer shall certify the completion of the Improvements to the City Council, to accept or reject in their sole discretion. City bears no liability for any costs or expenses resulting from delays in inspections. City Inspectors shall have the right to inspect the Improvements for a period of twelve (12) months after the Certificate of Completion has been issued. Subdivider shall bear all costs of inspection and certification, including but not limited to the direct costs of all third-party inspection agencies and City inspection consultants.
14. Fees. Subdivider shall maintain a deposit account with City in order to pay all costs incurred by City in processing this Agreement, and all fees imposed in connection with the
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Packet Pg. 582 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map & {CW113562.3}
SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire
construction and inspection of the Improvements, including but not limited to the costs of any third party City Inspectors. The fees referred to herein are not inclusive of all City fees, charges or other costs that may be imposed on the Subdivision.
15. Default of Subdivider.
A. Breach. Subdivider shall be deemed to have materially breached this Agreement based on, but not limited to, any of the following occurrences: (i) failure to timely complete construction of the Improvements; (ii) failure to timely cure any defect in the Improvements to the satisfaction of the City Engineer; (iii) failure to timely deposit additional Securities as may be required by this Agreement; (iv) Subdivider’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which Subdivider fails to discharge within thirty (30) days; (v) the commencement of a foreclosure action against the Subdivision or a portion thereof, or any conveyance in-lieu or in avoidance of foreclosure; or (vi) failure to perform any material obligation under this Agreement.
B. Notice of Breach; Default. In the event of any material breach of this Agreement, City may serve written notice upon Subdivider and Subdivider’s surety, if any, of the breach. Subdivider shall have twenty (20) calendar days from receipt of written notice by City to cure any breach. If the breach is not cured, or significant progress towards curing the breach is not made, Subdivider shall be in default.
C. Remedies; Performance by City.
i. In the event the applicable cure period set forth in Section 14.B has expired without such default having been cured or significant progress made, City may thereafter deliver a notice of default to Subdivider and Subdivider’s surety, if any, of the City’s intent to complete the work. If the default remains uncured within twenty (20) calendar days from Subdivider’s receipt of the written notice of default, Subdivider authorizes City to complete all work on the Improvements at the sole expense of Subdivider, and Subdivider authorizes to utilize the Securities to complete all work on the Improvements and to pay all labor costs of contractors, subcontractors and workers related to the Improvements. In the event of default of this Agreement, or abandonment of the Subdivision, City may take over the Improvements and prosecute them to completion, by contract or by any other method City may deem advisable, at the expense of Subdivider, and Subdivider shall be liable to City for any excess cost or damages incurred by City.
In the event City takes over the Improvements or prosecutes the same to completion, City, without liability for so doing, may take possession of, and utilize such materials, appliances, equipment, plant and other property belonging to Subdivider as may be necessary for completion of the Improvements.
ii. City reserves to itself all remedies available to it at law or in equity for breach of Subdivider’s obligations under this Agreement. The right of City to draw upon or utilize the Securities is additional to and not in-lieu of any other remedy available to City. All remedies are cumulative.
iii. Failure of Subdivider to comply with the terms of this Agreement shall constitute consent to the filing by City of a notice of violation against all the lots in the
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Packet Pg. 583 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map & {CW113562.3}
SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire
Subdivision or the Final Map as the case may be, or to rescind the approval or otherwise revert the Subdivision to acreage. The remedy provided by this Subsection is in addition to and not in lieu of other remedies available to City, and is not required to implement other available remedies.
Subdivider agrees that the choice of remedy or remedies for Subdivider’s default shall be at the discretion of City.
iv. In the event that Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including but not limited to costs of suit and attorney’s fees, costs of Improvements in the event of failure of performance, and all administrative costs. Such costs and fees shall be a proper charge against the Securities of Subdivider. v. The failure of City to take an enforcement action with respect to a default or breach, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of Subdivider.
D. Lien. In accordance with the Subdivision Laws (Gov. Code § 66499), the recordation of this Agreement creates a lien attached to the property underlying the Subdivision and has the priority of a judgment lien in the amount necessary to complete the Improvements.
16. Environmental Warranty.
A. For purposes of this Agreement, the terms below have the following meanings:
i. “Environmental Laws” shall mean any federal, state, or local law, rule, regulation administrative or court order, ordinance, regulatory guidance document, standard, or requirements of any government authority regulating, relating to, or imposing liability standards of conduct concerning Hazardous Substances, or that pertains to the protection of human health or the environment, including, but not limited to, the Comprehensive Environmental Response, Conservation and Liability Act of 1980 (42 U.S.C. § 9601 et seq.); the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901 et seq.); the Clean Water Act (33 U.S.C. §§1251 et seq.); the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.); the Hazardous Materials Transportation Act (29049 U.S.C. § 1801 et seq.); the Insecticide, Fungicide and Rodenticide Act (7 U.S.C. § 136 et seq.); the Superfund Amendments and Reauthorization Act (42 U.S.C. § 6901 et seq.); the Clean Air Act (42 U.S.C. § 7401 et seq.); the Safe Drinking Water Act (42 U.S.C. § 300f et seq.); the Solid Waste Disposal Act (42 U.S.C. § 6901 et seq.); the Surface Mining Control and Reclamation Act (30 U.S.C. § 1201 et seq.); the Occupational Safety and Health Act (29 U.S.C. § 655, 657); the California Underground Storage of Hazardous Substances Act (Health and Safety Code § 25280 et seq.); the California Hazardous Waste Control Act (Health and Safety Code, § 25100 et seq.); the California Safe Drinking Water and Toxic Enforcement Act (Health and Safety Code, § 24249.5 et seq.); and the Porter-Cologne Water Quality Control Act (Water Code, § 13000 et seq.); together with any amendments of or regulations promulgated under the statutes cited above.
ii. “Hazardous Substances” or “Hazardous Substance” shall include any hazardous, toxic or dangerous waste, substance or material, pollutant or contaminant, as so
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Packet Pg. 584 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map & {CW113562.3}
SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire
defined under any Environmental Laws or any substance which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous, or any substance which contains gasoline, diesel fuel or other petroleum hydrocarbons, polychlorinated biphenyls (PCBs), radon gas, urea formaldehyde, asbestos, lead, or electromagnetic waves.
Hazardous Substances include any hazardous or toxic substance, material or waste which is regulated by the State of California, the United States government, or any other governmental authority with jurisdiction over the Property. Hazardous Materials include asbestos and any other hazardous waste or substance which has, as of the date hereof, been determined to be hazardous or a pollutant by the U.S. Environmental Protection Agency, the U.S. Department of Transportation, or any instrumentality authorized to regulate substances in the environment which has jurisdiction over the Property which substance causes the Property (or any part thereof) to be in material violation of Environmental Laws.
B. Subdivider hereby warrants to City that to the best of Subdivider’s knowledge that, as of the time of dedication and the City Council’s consideration of the Certificate of Completion:
i. Subdivider and the property being dedicated are in compliance with all Environmental Laws and are not subject to any existing, pending or threatened investigation by a federal, state, or local governmental authority regarding violations of Environmental Laws. ii. Subdivider and its third party agents, contractors and subcontractors have not used, generated, manufactured, produced, discharged, or released on, under, or about the property to be dedicated, any Hazardous Substance except in accordance with all applicable Environmental Laws.
iii. Subdivider has not caused or permitted the release or discharge of, and has no knowledge of the release, discharge, or presence of Hazardous Substances on the property to be dedicated or the migration of any Hazardous Substances from or to any other property adjacent to, or in the vicinity of, the property to be dedicated.
C. Throughout the term of this Agreement, Subdivider shall give written notice within fifteen (15) days to City of:
i. Any proceeding or investigation by any federal, California, or local governmental authority regarding the presence of Hazardous Substances on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated;
ii. Any claims made or threatened by any third party against City or property to be dedicated regarding any loss or injury resulting from any Hazardous Substances; and
iii. Subdivider’s discovery of any occurrence or condition on any property to be dedicated or any property adjacent to, or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any
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Packet Pg. 585 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map & {CW113562.3}
SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire
restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability, or suit under any Environmental Law.
17. No Agency Relationship. Neither Subdivider nor any of Subdivider’s agents or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider’s obligations under this Agreement.
18. Other Agreements. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the Parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of City ordinances providing therefore, nor shall anything in this Agreement commit City to any such apportionment.
19. Indemnity.
A. Indemnity/Hold Harmless. City, and elected and appointed councils, commissions, officers, agents, employees and representatives of City (“City Agents”) shall not be liable and Subdivider agrees to indemnify, hold harmless and defend City and City Agents from any and all claims, costs, and liability for claims of damage, for any property damage or personal injury, including death, which may arise as a result of any negligent acts or omissions by Subdivider or Subdivider’s contractors, subcontractors, agents, or employees in connection with the construction, improvement, or operation, of the Improvements, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of the Subdivision and the Improvements as provided herein, and in addition, to injuries to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other Improvements. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for damage covered by this Section. This provision shall survive the termination of this Agreement as it relates to any Final Map for a period of one (1) year following the Certificate of Completion.
B. Indemnity of Project Approval. Subdivider shall defend, indemnify, and hold harmless City and City Agents from any claim, action, or proceeding against City or City Agents to attack, set aside, void, or annul, any approval of City concerning the Subdivision.
Subdivider shall not be required to pay or perform any settlement unless the settlement is approved by Subdivider.
C. Design Defects. After acceptance of the Improvements by City, Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by a latent design or construction defect. Provisions of this paragraph shall remain in full force and effect for one (1) year following the City’s Certificate of Completion of the Improvements. It is the intent of this section that Subdivider shall be responsible for all liability for design and construction of the Improvements installed or Improvement Work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance, or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or
5.11.b
Packet Pg. 586 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map & {CW113562.3}
SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire
inspecting any Improvement Work. The Security shall not be required to cover the provisions of this section.
D. No City Liability. City shall not be liable for approving, reviewing, checking, or correcting any plans or specifications or for approving, reviewing or inspecting any Improvement Work. Nothing contained in this section is intended to, or shall be deemed to, limit or waive any protections or immunities afforded by law to City or City Agents for the approval of the plan or design of the Improvements, including but not limited to the protections and immunities afforded by Government Code section 830.6.
20. Insurance. Without limiting Subdivider’s duty to indemnify City, Subdivider or Subdivider’s contractor shall maintain in effect throughout this Agreement a policy or policies of insurance with the specifications and limits of liability specified herein.
A. Proof of Insurance.
i. Subdivider shall provide to City a properly executed certificate of insurance, in a form satisfactory to the City Attorney for commercial general liability coverage from an insurance provider approved by City and licensed by the California Department of Insurance (“Certificates”).
ii. The Certificates shall provide that such insurance will not be cancelled, reduced in coverage, or allowed to expire without thirty (30) days’ prior written notice to City.
B. Minimum insurance limits. Contractor shall maintain limits no less than:
i. General Liability. Subdivider shall maintain commercial general liability insurance with insurance ratings acceptable to City of not less than A, as shall protect City, City’s Agents, Subdivider, contractors, and subcontractors from claims for damages for personal injury, including death, as well as from claims of property damage which may arise from acts or omissions from Subdivider, contractors, or subcontractors for in relation to this Agreement. The amount of such insurance shall not be less than two million dollars ($2,000,000.00) per occurrence with umbrella liability coverage of not less than two million dollars ($2,000,000.00). Such insurance shall also:
1. Name City and City Agents as insured by endorsement with respect to performance of this Agreement. The coverage shall contain no special limitation on the scope of its protection afforded to the above-listed additional insured; and
2. Be primary with respect to any insurance or self-insurance programs covering City and City Agents.
ii. Automotive Liability Insurance. Subdivider shall ensure that all builders and agents of Subdivider maintain automotive liability insurance covering all motor vehicles, including owned, leased, non-owned, and hired vehicles, used in providing services or
5.11.b
Packet Pg. 587 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map & {CW113562.3}
SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire
performing work under this Agreement for bodily injury and property damage with a limit of not less than two million dollars ($2,000,000.00) for each occurrence. Such insurance shall also:
1. Name City and City Agents as insured by endorsement with respect to performance of this Agreement. The coverage shall contain no special limitation on the scope of its protection afforded to the above-listed additional insured; and
2. Be primary with respect to any insurance or self-insurance programs covering City and City Agents.
iii. Worker’s Compensation Insurance.
1. Subdivider represents to City that they have no obligation to maintain worker’s compensation insurance in accordance with California Labor Code section 3700, as Subdivider has no employees and does not intend to hire any employees throughout the term of this Agreement.
2. In the event any work is sublet, Subdivider shall require its agents, builders and contractors or subcontractors to provide worker’s compensation insurance, with a limit of not less than one million dollars ($1,000,000.00) per occurrence for employer’s liability for all contractor’s employees or subcontractor’s employees.
3. Pursuant to Labor Code section 1861, by executing this Agreement, Subdivider certifies they are aware of the provisions of Labor Code section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and Subdivider will comply with such provisions before commencing the performance of the work of this contract.
21. No Vesting of Rights. Performance of this Agreement shall not be construed to vest Subdivider’s rights with respect to any change in any zoning or building law or ordinance.
22. Notices. Any notice or communication required hereunder between City and Subdivider must be in writing, and may be given either personally, by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (a) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent, or (b) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party may at any time, by giving ten (10) days written notice to the other Party, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:
5.11.b
Packet Pg. 588 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map & {CW113562.3}
SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire
If to City: City of Patterson
1 Plaza, 2nd Floor
Patterson, CA 95363
Attn: City Manager
With copies to: City of Patterson
1 Plaza, 2nd Floor
Patterson, CA 95363
Attn: City Clerk
and White Brenner, LLP
1414 K Street, 3rd Floor
Sacramento, California 95814
Attn: Douglas L. White, Esq.
If to Subdivider: VOP 2.1, LLC
800 West Doran St.
Glendale, CA 91203
Attention: Alicia Barclay
Email:[email protected]
23. General Provisions:
A. Governing Law. The validity, interpretation and performance of this Agreement shall be controlled by and construed pursuant to the laws of the State of California.
B. Compliance with Laws. Subdivider, its agents, employees, contractors, and subcontractors shall comply with all federal, state and local laws in the performance of the work required by this Agreement, including but not limited to all Improvement Standards, and all federal, State and local labor laws. Subdivider shall, at its expense, be responsible for obtaining all applicable licenses and permits. In the event it is determined that Subdivider is required to pay prevailing wages for work performed under this Agreement, Subdivider shall pay all penalties and wages as required by the applicable law.
C. Nondiscrimination. Subdivider, its agents, employees, contractors, and subcontractors shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity or national origin in connection with or related to the performance of this Agreement. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the improvements hereunder.
D. Venue. Venue for any legal proceedings initiated in connection with this Agreement shall be in the Superior Court for the County of Stanislaus.
E. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after
5.11.b
Packet Pg. 589 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map & {CW113562.3}
SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire
the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.
F. Waiver. The waiver by either Party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Agreement. No Party shall be deemed to have made any such waiver unless it is in writing and signed by the Party so waiving.
G. Approvals by City. Any approval or consent that is to be given by City under this Agreement shall be in writing, and any approval or consent that is not in writing shall not be binding on City.
H. Integration. Notwithstanding the provisions of Section 5, above, this Agreement, together with its specific references, attachments and Exhibits, constitute all of the agreements, understandings, representations, conditions, warranties and covenants made by and between the Parties with respect to the construction, installation and warranty of the Improvements. Neither Party shall be liable for any representations made, express or implied, not specifically set forth herein. It is the intention of the Parties that this Agreement shall supersede any prior agreements, discussions, commitments, representations or agreements, written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.
I. Captions. The captions of this Agreement are for convenience and reference only and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement.
J. Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” or “can” are permissive.
K. Successors and Assigns – Covenant Running With the Land. Subdivider shall not assign any of its obligations under this Agreement without the prior written consent of City. Notwithstanding the above, all representations, covenants and warranties specifically set forth in this Agreement, by or on behalf of or for the benefit of any or all of the Parties, shall be binding upon and inure to the benefit of such Party, its successors and assigns. If assignment is permitted, City in its sole discretion may release Subdivider from its obligations so assigned hereunder, and may release any Securities posted by Subdivider to secure any Improvements so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance of any Improvements not assigned.
L. Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
M. Other Documents. Parties agree that they shall cooperate in good faith to accomplish the objectives of this Agreement and to that end, agree to execute and deliver such other instruments or documents as may be necessary and convenient to fulfill the purposes and intentions of this Agreement.
5.11.b
Packet Pg. 590 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map & {CW113562.3}
SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire
N. Time is of the Essence. Time is of the essence in this Agreement in each covenant and term and condition herein.
O. Authority. The Parties warrant and represent that they have the power and authority to enter into this Agreement and the names, titles and capacities herein stated on behalf of any entities, persons, states or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into this Agreement have been fully complied with.
P. Construction and Interpretation. It is agreed and acknowledged by Subdivider that the provisions of this Agreement have been arrived at through negotiation, and that Subdivider has had a full and fair opportunity to revise the provisions of this Agreement and to have such provisions reviewed by legal counsel. Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting Party shall not apply in construing or interpreting this Agreement.
Q. Advice of Legal Counsel. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement.
R. Attorney Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret any provision of this Agreement, the prevailing Party shall be entitled to an award of reasonable attorney fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
S. Modification; Approvals. This Agreement may be amended only by a written instrument signed by the Parties. Subdivider shall bear all costs of amendments to this Agreement that are requested by Subdivider. Any approval or consent that is to be given by City pursuant to this Agreement shall be in writing, and any approval or consent that is not in writing shall not be binding on City.
T. Exhibits. All exhibits attached hereto are incorporated into this Agreement:
[Signatures on following page]
5.11.b
Packet Pg. 591 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map & {CW113562.3}
SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire
IN WITNESS WHEREOF, this Agreement has been entered into by and between Subdivider and City as of the above-referenced Effective Date.
SUBDIVIDER:
VOP 2.1, LLC, a California limited liability
company
By:
Name:
Title:
CITY:
CITY OF PATTERSON, a California
municipal corporation:
By:
Ken Irwin, City Manager
ATTEST:
By:
Maricela Vela, City Clerk
APPROVED AS TO FORM:
By:
Nubia Goldstein, City Attorney
5.11.b
Packet Pg. 592 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map & {CW113562.3}
California All-Purpose Acknowledgment
State of California )
)
County of )
On , before me , a Notary
Public, personally appeared who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
(Signature)
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
5.11.b
Packet Pg. 593 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map & {CW102591.1}
EXHIBIT A
Legal Description
5.11.b
Packet Pg. 594 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map & Order Number: 0192-6803495
Page Number: 7
First American Title
LEGAL DESCRIPTION
Real property in the City of Patterson , County of Stanislaus, State of California, described as follows:
LOT 147 AS SHOWN ON THE MAP OF "PATTERSON COLONY SUB TRACT NO. ONE" FILED FOR RECORD DECEMBER 13, 1909 IN VOLUME 4 OF MAPS, AT PAGE 40, STANISLAUS COUNTY RECORDS.
EXCEPTING THEREFROM ALL THAT PORTION OF SAID LAND LYING WITHIN “VILLAGES OF PATTERSON CLAYTON SHIRE UNIT 1” AS PER MAP RECORDED MARCH 11, 2022, IN BOOK 45 OF MAPS, AT PAGE 11, STANISLAUS COUNTY RECORDS.
APN: 047-035-003-000 (Affects this and Other Properties)
5.11.b
Packet Pg. 595 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map & {CW102591.1}
EXHIBIT B
Copy of Final Map
5.11.b
Packet Pg. 596 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map &
5.11.b
Packet Pg. 597
Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map & SIA)
5.11.b
Packet Pg. 598
Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map & SIA)
5.11.b
Packet Pg. 599
Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map & SIA)
5.11.b
Packet Pg. 600 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map &
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Packet Pg. 601 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map &
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Packet Pg. 602 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map &
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Packet Pg. 603 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map &
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Packet Pg. 604 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map &
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Packet Pg. 605 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map &
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Packet Pg. 606 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map &
5.11.b
Packet Pg. 607 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map &
5.11.b
Packet Pg. 608 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map &
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Packet Pg. 609 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map & {CW102591.1}
EXHIBIT E
Warranty Bond
5.11.b
Packet Pg. 610 Attachment: Subdivision Improvement Agreement Clayton Phase 2_5.12.22_revised (Resolution No. 2022-30 Clayton Shire Phase-2 Final Map & City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Dennis McCord, Mayor
MEETING DATE: May 17, 2022
ITEM NO: 6.1
SUBJECT: Proclamation - Mental Health Awareness Month "May 2022" (Mayor McCord)
RECOMMENDATION
This item is informational. No action needed.
6.1 Packet Pg. 611
Proclamation
May 2022
“Mental Health Awareness Month”
WHEREAS, the City Council of the City of Patterson does hereby recognize healthy communities as a priority; and
WHEREAS, mental health is critical for every person’s well-being as well as that of our families, communities and businesses; and
WHEREAS, increasing public awareness about mental health is vital to prevention and early intervention efforts; and
WHEREAS, prevention strategies, including early recognition of signs of mental health challenges, help to avoid these challenges or reduce the seriousness of the challenges; and WHEREAS, with appropriate treatment and support from family, friends and the community, those suffering from a mental illness can recover; and
WHEREAS, developing strengths and resiliency promotes protective factors that enable and sustain recovery but also can prevent illness; and
WHEREAS, Mental Health Awareness Month is part of a nationwide effort in the month of May to promote a better understanding of mental health and wellness; and WHEREAS, Stanislaus County Behavioral Health and Recovery Services, the Stanislaus County Mental Health Board and now the City of Patterson are supporting the month of “May 2022” as
“Mental Health Awareness Month”
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Patterson, County of Stanislaus, State of California does hereby unanimously proclaim “May 2022” as “Mental Health Awareness Month” in the City of Patterson.
IN WITNESS HEREOF, I have hereunto set my hand and caused the official seal of the City of Patterson to be affixed this 17th day of May 2022. ____________________________
Dennis McCord
Mayor
6.1.a
Packet Pg. 612 Attachment: Mental Health Awareness Month - May 2022 (Proclamation - Mental Health Awareness Month "May 2022") City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Alysia Gomez,
MEETING DATE: May 17, 2022
ITEM NO: 7.1
SUBJECT: Authorize Staff to abate Public Nuisances at 830, 860 W. Las Palmas Ave. and 15611 S. 9th St. by demoing and/or securing the buildings, removing weeds, dirt, rubbish, and other rank growth as required pursuant to the provisions of Ordinance No. 243 and Ordinance No. 704, as defined in Chapter 6.16 of the Patterson Municipal Code-Property Maintenance; Authorize Staff to begin bid process (Resolution No. 2022-29) Clean-Up Process.
RECOMMENDATION
Motion to Authorize Staff to abate Public Nuisances at 830, 860 W. Las Palmas Ave. and 15611 S. 9th St. by demoing and/or securing the buildings, removing weeds, dirt, rubbish, and other rank growth as required pursuant to the provisions of Ordinance No. 243 and Ordinance No. 704, as defined in Chapter 6.16 of the Patterson Municipal Code-Property Maintenance; Authorize Staff to begin bid process (Resolution No. 2022-29) Clean-Up Process.
BACKGROUND
The abatement of Public Nuisances, including Unsafe, Unsecured Buildings, Weeds, Dirt, Rubbish and/or Rank Growth is a process the City of Patterson Fire Department and Code Enforcement conducts annually, per Ordinance, in an effort to reduce the aforementioned which may interfere with public health and safety, endanger or injure, or be detrimental to, or which cause substantial diminution in the value of neighboring property or endanger or injure the welfare of the residents in the vicinity of such property, or which may become a fire hazard.
This process is conducted year-round, with greater emphasis placed on abating such nuisances between May and October, where hotter, dryer conditions create a greater potential for ignition of combustible materials.
7.1 Packet Pg. 613
Recent unlawful residential property nuisance conditions and activity including structure fires, unauthorized entry, and lack of property maintenance from persons owning, leasing, renting, occupying or having charge or possession of residential properties has occurred with some properties. Therefore, Code Enforcement has caused notice to be given requiring the abatement of such nuisances and stating that unless such nuisances be abated without delay by the demoing and/or securing of buildings, destruction or removal of the weeds, rubbish, dirt and rank growth, the nuisances will be abated by city authorities and the expense thereof assessed upon the lot, parcel and land from or on which such nuisance was abated.
ANALYSIS
Notice has been issued to the addresses listed (see Exhibit “A” May 10, 2022) in accordance with the City of Patterson Municipal Code, Chapter 6.16 Property Maintenance, Sections:
6.16.030 and 6.16.050 (A), (B) which states:
6.16.030 Notice to abate nuisance.
Whenever the director, or such other official as may be designated by the city council, finds that weeds, rubbish, dirt or rank growth are growing, located or existing upon any property within the city in violation of the provisions of this chapter which may endanger or injure, or be detrimental to, or which cause substantial diminution in the value of neighboring property or endanger or injure the welfare of the residents in the vicinity of such property, or which may become a fire hazard, the director, or such other official as may be designated by the city council, shall give, or cause to be given, notice in the manner and in the forms specified in this chapter requiring the abatement of such nuisance and stating that unless such nuisance be abated without delay by the destruction or removal of the weeds, rubbish, dirt and rank growth, the nuisance will be abated by city authorities and the expense thereof assessed upon the lot, parcel and land from or on which such nuisance was abated. (Ord. 704 § 1 (part), 2008: Ord. 243 § 3, 1974.)
6.16.050 Service of notice.
Such notices shall be given in the manner set forth in this section:
A. The director, or such other official as may be designated by the city council, shall cause a notice or notices to be mailed by United States mail, to the owner of the subject property as shown upon any city record, or upon the last equalized assessment roll or at his last known address, whichever he shall determine to be the best means of serving notice upon the actual owner. Additionally, if the subject property address and the subject property owner’s address are different, the director or other designated official shall cause a notice or notices to be mailed by United States mail to the property address. The failure of the owner to receive such notice shall not affect the power of the city or of its officers or employees to proceed as provided in this chapter.
B. Such notice shall be mailed not less than ten days prior to the date set for a hearing upon objections as provided in Section 6.16.060
7.1 Packet Pg. 614
<http://www.codepublishing.com/CA/Patterson/html/Patterson06/Patterson0616.htm l> of this chapter. (Ord. 704 § 1 (part), 2008: Ord. 243 § 5, 1974).
A revised and updated list will be provided at the City Council Meeting.
The property owner has not responded to the aforementioned notice within the time prescribed, and therefore staff is requesting approval from the City Council to authorize staff to address the nuisance, per Patterson Municipal Code, Chapter 6.16 Property Maintenance Section 6.16.190.
FISCAL IMPACT
The recommended action would not directly result in an impact to the City’s funds, with the exception of staff time spent on surveying the properties. All costs incurred will be recouped by the City as per the Patterson Municipal Code, Chapter 6.16 Property Maintenance Section
6.16.190:
6.16.190 Assessment of costs against property-Lien.
The cost of abatement upon, or in front or rear, of each lot or parcel of land shall constitute a special assessment against that lot or parcel. After such assessment has been made and confirmed, it shall constitute a lien upon such lot or parcel for the amount of such assessment, until paid. (Ord. 704 § 1 (part), 2008: Ord. 243 § 16, 1974. Formerly
6.16.180).
7.1 Packet Pg. 615
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RESOLUTION NO. 2022-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON,
DECLARING THE EXISTENCE OF A PUBLIC NUISANCE UNDER
ORDINANCE NOS. 243 AND 704
WHEREAS, the Code Enforcement Division of the City of Patterson has reported weeds, rubbish, dirt, rank growth and/or mistletoe located and existing on properties in the City of Patterson in violation of Ordinance Nos. 243 and 704 of the City of Patterson, a description of said properties being hereto attached as Exhibit A; and
WHEREAS, the Code Enforcement Division of the City of Patterson caused Notice to be mailed to the owner(s) of subject properties as in said ordinance provided, said notice giving notice to abate said nuisance and setting a time and place for hearing objections to the proposed abatement; and
WHEREAS, said hearing, public comment/action item was held on the 17 th day of May
2022 as in said Notice(s) provided; and
WHEREAS, no objections to the proposed abatement were received at said hearing.
WHEREAS, the City of Patterson has determined and certifies that the charges are either exempt from or in compliance with all the provision of Proposition 218, which was passed by the voters in November 1996. The City of Patterson has further determined the charges are in compliance with all laws pertaining to the levy of such charges.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Patterson that said City Council finds that a condition exists with regard to the properties in said City which is dangerous to life, limb and property, and to the public health, safety, morals in that weeds, rubbish, dirt, rank growth and/or mistletoe are growing, located, and existing upon said properties in violation of Ordinance Nos. 243 and 704 of the City of Patterson, which endanger and may injure neighboring properties and endangers and may injure the welfare of residents in the vicinity of said properties, and which is a hazard; that of said properties hereto attached as Exhibit A.
The foregoing resolution was passed by the City Council at a regular meeting held on the 17 th
7.1.a
Packet Pg. 616 Attachment: Resolution No. 22-29 Code Enforcement Dept. - Weed and Rubish Abatement, Clean Up Process (Approved May 17, 2022) 1 2
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day of May 2022, by , who moved its adoption, which motion was duly seconded by , and the resolution adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
APPROVED:
_________________________________________
Dennis McCord
Mayor of the City of Patterson
ATTEST:
______________________________________
Aracely Alegre
City Clerk of the City of Patterson
I hereby certify that the foregoing is a full, correct, and true copy of a resolution passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 17
th day of May 2022, and I further certify that said
resolution is in full force and effect and has never been rescinded or modified.
DATE:
________________________________
City Clerk of the City of Patterson
7.1.a
Packet Pg. 617 Attachment: Resolution No. 22-29 Code Enforcement Dept. - Weed and Rubish Abatement, Clean Up Process (Approved May 17, 2022) Exhibit A
May 10, 2022
SITE APN
1 830 W. Las Palmas Ave. 048-047-027-000
2 860 W. Las Palmas Ave. 048-047-028-000
3 15611 S. 9th Street 048-047-018-000
Property Address: 830 W. Las Palmas Ave. A.P.N: 048-047-027 Violation: Demo or Secure Building, Remove Accumulated Junk, Rubbish, Vehicles, Vehicle Parts, and any Debris from Property.
Date Notified: 3/2/2022
7.1.b
Packet Pg. 618 Attachment: Exhibit A - Photos (Resolution No. 2022-29 Abate Public Nuisances) Property Address: 860 W. Las Palmas Ave. A.P.N: 048-047-028 Violation: Demo Building, Remove Accumulated Junk, Rubbish, Overgrown Weeds, Rank Growth, and any Debris from Property.
Date Notified: 03/2/2022
7.1.b
Packet Pg. 619 Attachment: Exhibit A - Photos (Resolution No. 2022-29 Abate Public Nuisances) Property Address: 15611 S. 9th Street A.P.N: 048-047-018 Violation: Demo or Secure Building, Remove Accumulated Junk, Rubbish, Vehicles, Vehicle Parts, and any Debris from Property.
Date Notified: 3/2/2022
7.1.b
Packet Pg. 620 Attachment: Exhibit A - Photos (Resolution No. 2022-29 Abate Public Nuisances) City of Patterson
1 Plaza
P.O. Box 667
Patterson, California 95363
(209) 895-8000
Code Enforcement Division
Phone (209) 895-8038
Fax (209) 895-8019
[email protected]
CE22-55
NOTICE TO ABATE PUBLIC NUISANCE
March 2, 2022
Property Owner(s): Mahaffey Family LTD Par
PO Box 307
Patterson, CA 95363
Violation Address: 15611 S. 9th Street. Patterson CA 95363 Assessor’s Parcel Number: 048-047-018-000
A visual inspection of your property was made and as a result of said inspection, the property has been identified as having overgrown weeds, rubbish, dirt and rank growth and other nuisances as defined in Patterson Municipal Code § 6.16.020 Nuisances. Property owners, agents or tenants have the responsibility to maintain properties under their control in compliance with Local and State Ordinances.
Therefore, notice is hereby given that: Pursuant to the provisions of Ordinance No. 243 and Ordinance No. 704 of the City of Patterson, all weeds, rubbish, dirt and rank growth and other nuisances as defined in Patterson Municipal Code § 6.16.020 of said Ordinance, growing or existing on private property on this street or in any street or alley abutting any such property constitute a public nuisance which must be abated by the destruction or removal thereof.
All persons owning, managing or having control or charge or occupancy of any such private property shall, without delay, destroy or remove all such weeds, rubbish, dirt and/or rank growth from their property and from their half of the abutting street and alley between the lot lines, as extended, or such weeds, rubbish, dirt and/or rank growth will be destroyed or removed and such nuisance abated by city authorities, in which case the cost of destruction or removal will be assessed upon the lots and lands, from, or on which, or abutting the streets and alleys from, or on which, such nuisance was abated, and such costs will constitute a lien upon the lots or parcels until paid and will be collected on the next tax roll upon which municipal taxes are collected.
All property owners having objections to the proposed abatement of the nuisance are hereby notified to attend a meeting of the City Council of the City of Patterson to be held on April 5, 2022 @ 7:00 pm or as soon as possible thereafter, at which time and place all objections will be heard and given due consideration.
Please remove any and all overgrown weeds or vegetation, rubbish, dirt and or rank growth from the property within 10 days of this notice by: March 12, 2022. Failure to remove any and all overgrown weeds or vegetation will result in City Council considering your property for abatement by a private contractor. Any fees incurred will be billed to the property owner or a lien will be placed on the property.
If you have any question regarding this matter, please call (209) 895-8038.
Alysia Gomez,
Senior Code Enforcement Officer
NOTICE DATE: March 2, 2022
(ORD. 704 1(part), 2008: ORD. 243 4, 1974)
7.1.c
Packet Pg. 621 Attachment: Notice to Abate Public Nuisance (Resolution No. 2022-29 Abate Public Nuisances) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Joel Andrews, City Planner
MEETING DATE: May 17, 2022
ITEM NO: 8.1
SUBJECT: Approve Resolution No. 2022-23, Approving Planned Development Overlay #21-01 and Tentative Parcel Map #22-01, which would allow Light Industrial Uses in the southern portion of the Sperry Commercial Project on APN 021-093-008, a 20.25 acre lot located approximately 1,500 feet south of Sperry Avenue, between the California Aqueduct and the Delta Mendota Canal. The site is currently zoned for General Commercial land uses. The overlay would allow West Patterson Light Industrial zoning land uses. A parcel is also proposed for the same lot that would divide the property into four parcels of 10.05, 6.9, 2.1, and 0.63 acres in size, with the remainder proposed for street circulation. The 2.1 acre parcel would be provided for a storm drain basin.
RECOMMENDATION
Motion to Approve Resolution No. 2022-23, Approving Planned Development Overlay #21-01 and Tentative Parcel Map #22-01, which would allow Light Industrial Uses in the southern portion of the Sperry Commercial Project on APN 021-093-008, a 20.25 acre lot located approximately 1,500 feet south of Sperry Avenue, between the California Aqueduct and the Delta Mendota Canal. The site is currently zoned for General Commercial land uses. The overlay would allow West Patterson Light Industrial zoning land uses. A parcel is also proposed for the same lot that would divide the property into four parcels of 10.05, 6.9, 2.1, and 0.63 acres in size, with the remainder proposed for street circulation. The 2.1 acre parcel would be provided for a storm drain basin.
BACKGROUND
The project site is located between the Delta Mendota Canal and the California Aqueduct, approximately 1,500 feet south of Sperry Avenue (see Figure 1).
8.1 Packet Pg. 622
The West Patterson Business Park Master Development Plan, which included this area was approved in 2003 and the lot was annexed to the City in 2004. The plan provided for a range of industrial uses as well as areas allocated for commercial development. Under that plan, the area to the north of this lot was designated for Highway Service Commercial uses and the subject lot was designated for West Patterson Light Industrial uses.
In 2010, the General Plan was updated and both lots were changed to a General Commercial designation. In 2019, the Planning Commission approved a parcel map to divide the northern section of the lot from the southern section. This parcel map included the southern extension of Rogers Road through that area. Subsequent approvals for the northern area include the Patterson Travel Center (Love’s), Grocery Outlet, and Dutch Bros. The southern portion of the lot (the subject property) was reserved as a remainder.
ANALYSIS
Planned Development
Planned Developments are an overlay over the existing zoning that allow flexibility in development. This flexibility could take any number of forms of departure from the typical zoning requirements, including allowing different uses and/or development criteria. For the current proposal, the applicant is requesting an overlay that would allow the land uses outlined in the West Patterson Light Industrial zoning designation, in addition to the currently allowed uses listed in the General Commercial Zone.
The primary reason for consideration of this proposal is the types of uses allowed in the General Commercial zone and the limitations of the subject site. Generally, businesses and land uses pursuing the development in the General Commercial Zone are driven by the number of vehicle trips passing by a given location during the day. Many retailers and restaurants have specific criteria for the number of vehicle trips that must pass by a given location before they will consider placing a store there. As can be seen in the aerial view, the project site is located quite a distance from the nearest major roadway and the Rogers Road extension would be a dead end. To generate business in this area, the land uses would need to be a destination, rather than a pass by trip. While not all the uses outlined in the General Commercial zone have these types of vehicle trip requirements, the arrangement of the site significantly limits the potential uses. As noted, the proposal would allow West Patterson Light Industrial uses in addition to the General Commercial land uses.
The submitted map for the Planned Development includes a layout for a potential truck terminal on one of the lots. That use is not under review as part of this application. Should an application for that use be submitted at a later date, it would be subject to review and approval.
Parcel Map
A tentative parcel map application has been submitted that would divide the subject property into four parcels of 10.05, 6.9, 2.1, and 0.63 acres in size, with the remainder proposed for street circulation. The 2.1 acre parcel would be provided for a storm drain basin.
8.1 Packet Pg. 623
As proposed, the southern extension of Rogers Road would terminate in a cul-de-sac near the northern edge of the property. This cul-de-sac would provide access to all of the proposed lots (with the exception of the storm basin lot, which would be accessible through an easement).
This layout presents two potential concerns.
First, as currently laid out, the extension of Rogers Road includes one access point for most of its length. The closest secondary access point is a driveway for the Grocery Outlet project, approximately 500 feet south of Sperry. This would leave over 1,000 feet of roadway with a single point of ingress/egress. If some issue should occur in that stretch, it would significantly limit the ability of emergency services to get into the area and for people to get out. When combined with the potential for some of the land uses included in the West Patterson Light Industrial, which are more likely to include hazardous materials, the risks associated with this issue increase. City staff and the applicants have discussed this issue and a condition of approval has been included requiring a secondary access route be provided in the event of an emergency on the final map.
Second, a cul-de-sac at this location would substantially impede future development potential of the lot to the south. Areas to the south are similarly bounded by the Delta Mendota Canal and the California Aqueduct. This lot is not included in the City’s General Plan, so is not contemplated for development, however, cutting off that potential seems shortsighted. Longterm, providing space for right-of-way to continue to the south would keep the possible connection open and provides the potential for a more permanent secondary access point in the future. City staff and the applicants have also discussed this issue and a condition of approval has been included requiring the final map to include an easement for the potential event of future development to the south.
8.1 Packet Pg. 624
EXHIBIT A
RESOLUTION NO. 2022-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON
APPROVING A PLANNED DEVELOPMENT OVERLAY AND A TENTATIVE PARCEL MAP TO REDESIGNATE AND DIVIDE APN 021-093-008, A 20.25 ACRE PARCEL, LOCATED ROUGHLY 1500 FEET SOUTH OF SPERRY AVENUE,
BETWEEN THE CALIFORNIA AQUEDUCT AND THE DELTA MENDOTA CANAL,
ALSO KNOWN AS THE SPERRY COMMERCIAL PARK PHASE TWO PROJECT WHEREAS, the City of Patterson has received an application from Eagle Valley Investments to re-designate a 20.25 acre lot, APN 021-093-008, located roughly 1500 feet south of Sperry Avenue, between the California Aqueduct and the Delta Mendota Canal, to a Planned Development Overlay District, that would allow permitted land uses associated with the West Patterson Light Industrial Zone in addition to the current General Commercial Zone permitted land uses; and
WHEREAS, the City of Patterson has received an application from Eagle Valley Investments to divide APN 021-093-008 into four parcels of 10.05, 6.9, 2.1, and 0.63 acres in size, with the remainder proposed for street circulation and the 2.1 acre parcel proposed for storm drainage; and
WHEREAS, the 2010 City of Patterson General Plan designates the subject area for General Commercial development, such as stores, shops, and offices; and WHEREAS, 2003 West Patterson Business Park Master Plan considered the subject area for West Patterson Light Industrial uses, such as light manufacturing; and WHEREAS, both the uses outlined in the General Commercial and West Patterson Light Industrial zones would further the goals of the City of Patterson in the subject area; and WHEREAS, an Environmental Impact Report was adopted in 2010 for the City of Patterson General Plan (SCH No. 2010022035), including a mitigation and monitoring plan; and WHEREAS, an Environmental Impact Report was adopted in 2002 for the West Patterson Business Park Master Development Plan (SCH# 2001022031 and 2001032037), including a mitigation and monitoring plan; and
WHEREAS, a 2020 addendum to the West Patterson Business Park Environmental Impact Report was adopted; and
WHEREAS, Patterson City staff conducted a full analysis of the project to ensure compliance with the City’s General Plan, Zoning Code, and other applicable laws, regulations, standards and the California Environmental Quality Act; and
8.1.a
Packet Pg. 625 Attachment: Resolution No. 2022-23 Sperry Commercial Project (Sperry Commercial Phase II Project)
EXHIBIT A
WHEREAS, the Planning Commission of the City of Patterson conducted a duly noticed public hearing on April 14, 2022 recommending approval of the project to the City Council with a 5-0 vote: and
WHEREAS, the City Council of the City of Patterson conducted a duly noticed public hearing on May 17, 2022: and
WHEREAS, based on its independent review and analysis, the staff analysis, oral and written testimony, the City Council found, after due study, deliberation and public hearing that the following circumstances exist:
1. That the proposed zoning is consistent with the General Plan and the West Patterson Business Park Master Development Plan. That the proposed design/improvements are consistent with the General Plan and West Patterson Business Park Master Development Plan.
2. That the site is physically suitable for the proposed type and density of development.
3. That the design and improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
4. That the design and improvements are not likely to cause serious public health problems.
5. That the design and improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed land division.
6. That the parcel map does not adversely affect the use of property in the vicinity or conflict with covenants, restrictions or improvements required by the subdivision of which the project parcels may be a part.
7. That all parcels hereby created, if not meeting minimum zoning district requirements applicable to the parcels, might reasonably be developed if a zoning variance or other mechanism is granted at the time the property is to be developed.
8. That the parcels hereby created are consistent with the intent of the Housing Element of the General Plan with respect to establishing a jobs/housing balance.
9. That there are adequate public services, including but not limited to, fire protection, water supply, sewage disposal, storm drain, schools and police protection to serve the project.
10. That the parcel map does not violate the provisions of the California Land Surveyors Act or the Subdivision Map Act.
11. That the parcel map will not conflict with easements acquired by the public at large for access through or use of the property, or necessary irrigation easements.
12. That the parcel map will create parcels with a size and configuration in furtherance of economic development opportunities.
8.1.a
Packet Pg. 626 Attachment: Resolution No. 2022-23 Sperry Commercial Project (Sperry Commercial Phase II Project)
EXHIBIT A
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Patterson as follows:
1. The City Council approves Planned Development Overlay #21-01 and Tentative Parcel Map #22-01 also known and referenced as the Sperry Commercial Park Phase II project.
PASSED AND ADOPTED by the Patterson City Council at a meeting thereof, held on the 17th day of May 2022, by the following roll call vote:
AYES:
NOES:
EXCUSED:
APPROVED:
______________________________
Dennis McCord
Mayor of the City of Patterson
ATTEST:
__________________________________
Aracely Alegre
City Clerk of the City of Patterson
I hereby certify that the foregoing is a full, correct, and true copy of a resolution passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 17 th day of May 2022, and I
further certify that said resolution is in full force and effect and has never been rescinded or modified.
8.1.a
Packet Pg. 627 Attachment: Resolution No. 2022-23 Sperry Commercial Project (Sperry Commercial Phase II Project) Page
4 EXHIBIT A
DATED:
City Clerk of the City of Patterson
8.1.a
Packet Pg. 628 Attachment: Resolution No. 2022-23 Sperry Commercial Project (Sperry Commercial Phase II Project) FIGURE 1
8.1.b
Packet Pg. 629 Attachment: Figure 1 (Sperry Commercial Phase II Project)
CONDITIONS OF APPROVAL
1. That the project shall be subject to the mitigation measures outlined in the West Patterson Business Park EIR and Addendum.
2. That the final map submitted for checking and recordation shall be prepared by a licensed civil engineer or land surveyor, each licensed to practice in the state of California, and shall meet all of the specifications of the state Subdivision Map Act.
3. That all parcels shall comply with the minimum requirements of the General Commercial zoning classification.
4. That the approval shall comply with all applicable state and municipal codes and meet the requirements of the City Engineer.
5. That easements of record shall remain in effect and shall be recorded on the final map.
6. Public utility easements shall be granted as required by the appropriate companies and to the satisfaction of the Public Works Director and City Engineer.
7. The applicant shall file one copy of the Tentative Map to be used for assigning addresses.
8. That no non-conforming condition of zoning may be created by this approval.
9. Street trees shall be required on all new roads.
10. Cost of all inspections related to on-site and off-site improvements shall be paid by the subdivider/developer.
11. The subdivider shall set all monuments required by the Subdivision Map Act before project acceptance for off-site improvements are approved.
12. Rogers Road shall be offered for dedication to the City of Patterson in conjunction with the recordation of the Final Map.
13. Rogers Road offer of dedication shall only be accepted by the City of Patterson subsequent to the City Engineer’s and Public Works Director’s determinations that Rogers Road has been constructed/built to the City Standards and a Notice of Completion in conjunction with an agreement to release any outstanding surety bonds has been authorized by the City Council.
14. Rogers Road shall be designed and constructed/built to the proposed Rogers Road ‘Plan Line’ to City Standards or as dictated by a future soils report and associated R-Value determination contained therein.
15. That the Rogers Road centerline extension shall be in alignment in terms of the centerline.
16. Rogers Road shall be designed and constructed/built in its entirety and have a secondary access point due to road extension being over 2,000-ft in length from Sperry Ave. This includes, but
8.1.c
Packet Pg. 630 Attachment: Sperry Commercial conditions (Sperry Commercial Phase II Project) is not limited, to all underground utilities and complete road structural section. The curb/gutter, sidewalk, and driveway may be installed at a later date for development that is being phased to a future date as approved by the City Engineer.
17. Storm drain inlets shall be provided along Rogers Road to allow for proper storm drainage to the satisfaction of the City Engineer.
18. In the event phased grading is permitted, the subdivider shall install the required drainage facilities concurrently with the rough grading operations or provide an interim drainage and erosion control plan, and construct interim improvements, with prior approval from the City Engineer, for mitigation and potential flooding and erosion that may adversely affect adjacent properties and public rights-of-way.
19. An engineering cost estimate shall be submitted with the grading and improvement plans. The applicants engineer shall sign and stamp the calculations and cost estimate prior to issuance of any permits.
20. Prior to issuance of a grading permit, the applicant shall submit a soils report prepared by a registered geologist or qualified civil engineer, concerning soil conditions for grading, excavation, slope stabilization and revegetation, and footings and foundation construction.
21. That fire hydrants shall be installed per City standards and per Appendix C of the 2016 CA Fire Code.
22. That the turnaround shall be designed to provide the required turning radius of a fire apparatus, maintained to support the imposed loads of fire apparatus, and shall be surfaced so as to provide all-weather driving capabilities. 2016 C.F.C § 503.2.3; 2016 C.F.C § 503.2.4 and 2016 C.F.C § 503.2.5.
23. That the turnaround shall be signed for no truck parking.
24. The water line shall be looped, with the location provided to the satisfaction of the City Engineer and Public Works Director, and shall be in place prior to issuance of the first occupancy permit, with location to be subject to the approval of the City Engineer.
25. That prior to final map approval, a secondary access route shall be designated. Such route shall be established and maintained to provide emergency ingress/egress, to the satisfaction of the City Engineer and Fire Chief.
26. That the waterline shall be looped so as to provide for adequate pressure and reliability to the satisfaction of the City Engineer and Public Works Director.
27. That a right-of-way easement shall be provided to the southern edge of the property to be used in the event of future development in that area.
8.1.c
Packet Pg. 631 Attachment: Sperry Commercial conditions (Sperry Commercial Phase II Project)
28. That, per Patterson Municipal Code Section 16.20.010, failure to record a final map within twenty-four months of the date of approval or conditional approval of the tentative map shall terminate all proceedings, unless otherwise provided for under the Subdivision Map Act; provided, however, that upon application of the subdivider in writing, an extension not exceeding one year may be granted by the planning commission, except as provided under subsections (B) and (C) of this section. In the event the commission denies the subdivider’s application for extension, the subdivider may appeal to the city council. Where proceedings have terminated because of failure to file a final map or failure to receive extension by the planning commission or city council, a new tentative map shall be filed in accordance with the provisions of this chapter before a final map may thereafter be recorded or any lot sold.
29. That the applicant shall indemnify, defend and hold harmless the City of Patterson, its agents, officers and employees from any and all claims, actions, or proceedings against the City of Patterson, its agents, officers and employees to attack, set aside, void, or annul any approval by the City of Patterson and its advisory agency, appeal board or legislative body concerning the project, which action is brought within the time period provided for by the Government Code of the State of California. The City of Patterson shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. If the City fails to do so, the applicant shall not thereafter be responsible to defend, indemnify or hold the City harmless.
30. That the storm drain basin be considered for dual-use, such as for a dog park.
8.1.c
Packet Pg. 632 Attachment: Sperry Commercial conditions (Sperry Commercial Phase II Project)
ROGERS ROAD
SPERRY AVENUE
DELTA MENDOTA CANAL
CALIFORNIA AQUEDUCT A.P.N. 021-091-014
REMAINDER (57 - PM - 64)
ROGERS ROAD REMAINDER (58 - PM - 05) PARCEL 4 (58 - PM - 05) PARCEL 7 (58 - PM - 05) PARCEL 3 (58 - PM - 05) PARCEL 5 (58 - PM - 05) PARCEL 6 (58 - PM - 05) PARCEL 2 (58 - PM - 05) PARCEL 1 (58 - PM - 05) PARCEL 10 PARCEL 8 PARCEL 11 PARCEL 9 REMAINDER (57 - PM - 64) PARCEL 16 CALIFORNIA AQUEDUCT RADIUS LENGTH DELTA LINE TABLE LINE DIRECTION LENGTH LINE TABLE LINE DIRECTION LENGTH CURVE TABLE CURVE R DG GDR ENGINEERING, Inc. R GD GENERAL NOTES EASEMENT NOTE LEGEND BASIS OF BEARINGS DETAIL "A" BEING A DIVISION OF THE REMAINDER AS SHOWN ON THE PARCEL MAP FILED IN BOOK 58 OF PARCEL MAPS, PAGE 5, STANISLAUS COUNTY RECORDS, LYING IN THE WEST HALF OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 7 EAST, MOUNT DIABLO MERIDIAN, CITY OF PATTERSON STANISLAUS COUNTY, CALIFORNIA PARCEL MAP FOR SPERRY COMMERCIAL PARK - PHASE 2 DRAFT 8.1.d
Packet Pg. 633
Attachment: Sperry Commercial Phase 2 parcel map (Sperry Commercial Phase II Project)
8.1.e
Packet Pg. 634 Attachment: Sperry Commercial Phase 2 Planned Development map (Sperry Commercial Phase II Project)
8.1.f
Packet Pg. 635 Attachment: Sperry Commercial Phase 2 Location and Description (Sperry Commercial Phase II Project)
8.1.f
Packet Pg. 636 Attachment: Sperry Commercial Phase 2 Location and Description (Sperry Commercial Phase II Project) City of Patterson III-31
18.46 Industrial Districts
III
Table 18.46.030-1
Permitted Use Matrix for Industrial Districts
Industrial Districts
(See Section 18.46.020 for
descriptions)
Specific Use
Regulations
LI HI IBP IL
Agriculture, Resource, and Open Space Uses
Crop production and horticulture P P P P
Recreation, Education, and Public Assembly Uses
Athletic fields, accessory only 1P P P P
Child-care facility CUP N AR CUP
Drug and alcohol treatment facilities CUP CUP CUP CUP
Parks, plazas, and playgrounds CUP CUP CUP CUP
Places of assembly (large, 10,000 sf or more) CUP N CUP CUP Places of assembly (small, less than 10,000 sf) CUP CUP CUP CUP Places of worship CUP N CUP CUP
Public art2 CUP CUP CUP CUP Chapter 18.74
Public facility P P P P
Schools (private) CUP CUP AR CUP
Schools (public) CUP CUP CUP CUP
Schools (trade) P P P P
Utility, Transportation, and Communication Uses
Communication equipment buildings CUP CUP CUP CUP
Communication towers AR AR AR AR
Electric substations 3 CUP CUP CUP CUP
Public utility yards P P P P
Public utility structures P P AR P
Transit station/park and ride lots AR P AR P
Retail, Service, and Office Uses
Alcoholic beverage sales 4 CUP CUP N CUP
Art, antique, collectables P P P P
Artisan shops P P AR P
Auctions 5P P CUP P
Banks and financial services P CUP AR CUP
Bars and cocktail lounges, accessory 6 CUP CUP CUP CUP
Broadcast studios AR CUP AR CUP
Building supply (large) CUP P CUP P
Building supply (small) P P P P
8.1.g
Packet Pg. 637 Attachment: Industrial Zone Permitted Use Matrix (Sperry Commercial Phase II Project) III-32 Zoning Ordinance • Adopted July, 2013
18.46 Industrial Districts
III
Industrial Districts
(See Section 18.46.020 for
descriptions)
Specific Use
Regulations
LI HI IBP IL
Business support services P AR P P
Hotels/motels CUP CUP CUP CUP
Indoor amusement/entertainment facility AR CUP AR AR
Indoor recreation and fitness P CUP AR CUP
Manufactured home sales, new CUP CUP CUP CUP
Medical and dental laboratories CUP P CUP CUP
Medical and dental offices CUP CUP P N
Nightclubs CUP CUP CUP CUP
Offices, accessory P P P P
Outdoor markets, sales establishments CUP CUP CUP CUP
Outdoor promotions, sales or displays 7 CUP CUP CUP CUP Personal services P CUP P CUP
Personal services, accessory P P P P
Professional offices P CUP P CUP
Restaurants, no drive-thru CUP CUP CUP CUP
Restaurants, with drive-thru service CUP CUP CUP CUP
Retail, accessory P P P P
Retail, general P CUP AR P
Secondhand stores AR CUP AR AR
Services, accessory P P P P
Temporary uses 8 see
note
see
note
see
note see note Chapter 18.92
Veterinary clinics, large animal CUP CUP CUP CUP
Veterinary clinics, small animal AR AR AR AR
Wholesale commercial uses P P P P
Automobile and Vehicle Uses
Automobile and vehicle dismantling CUP AR N CUP
Automobile parts sales P P P P
Automobile rental agencies P P P P
Automobile sales, new and used P P CUP CUP
Bus yards P P N CUP
Car washing and detailing CUP 7P CUP 7 CUP 7
Fuel stations P P P P
Parking garages and lots P P P P
Recreational vehicle sales CUP CUP CUP CUP
8.1.g
Packet Pg. 638 Attachment: Industrial Zone Permitted Use Matrix (Sperry Commercial Phase II Project) City of Patterson III-33
18.46 Industrial Districts
III
Industrial Districts
(See Section 18.46.020 for
descriptions)
Specific Use
Regulations
LI HI IBP IL
Small vehicle sales and rental P P CUP CUP
Vehicle services (major) CUP CUP N N
Vehicle services (minor) AR AR CUP CUP
Vehicle storage (large) CUP Y N N
Vehicle parking (small) Y Y CUP CUP
Industrial, Manufacturing, and Processing Uses
Agricultural products processing N CUP N N
Data center P P P P
Fuel yards CUP CUP CUP CUP
Manufacturing (major) CUP P CUP CUP
Manufacturing (minor) P P CUP P
Recycling facility, processing CUP CUP CUP CUP
Recycling facility, scrap and dismantling facility CUP CUP CUP CUP Research and development CUP CUP AR CUP
Sheet metal fabrication 8 CUP P CUP CUP
Sign fabrication companies 8 CUP P CUP CUP
Storage, personal storage facility P P P P
Storage, warehouse (small) P P CUP CUP
Storage yard CUP P CUP CUP
Truck yards/terminals CUP CUP CUP CUP
Wholesale and distribution P P P P
Table Notes:
1. Athletic fields may be permitted as part of detention/retention facilities or as accessory to a primary use (e.g., recreational opportunities for employees).
2. Two-dimensional art-works smaller than 10 square feet may be permitted through the Administrative Use Review process.
3. Including microwave facilities in conjunction therewith and wireless communication (cellular phone) facilities as further defined and permitted to a maximum height of 15 feet above the maximum height allowed in the zone, as provided in Chapter 18.84.
4. Subject to A.B.C. requirements, beer and wine are permitted for on-site consumption in conjunction with a restaurant use.
5. Auctions are not to include animals and shall be conducted with an enclosed building only.
6. Permitted when accessory to a hotel, motel, or restaurant.
7. Permitted without a use permit is ancillary to a fueling station.
8. So long as the use is conducted entirely within an enclosed building. Outdoor storage is prohibited.
Section 18.46.040 Development Standards
The following development standards are applicable to the industrial zoning districts.
These standards, along with other development standards (e.g., landscaping
8.1.g
Packet Pg. 639 Attachment: Industrial Zone Permitted Use Matrix (Sperry Commercial Phase II Project) City of Patterson III-23
18.42 Commercial and Medical/Professional
Office Districts
III
Table 18.42.030-1
Permitted Use Matrix for Commercial and Medical/Professional Office Districts
Commercial and Medical/Professional
Office Zoning Districts
(See Section 18.42.020 for descriptions)
Special Use
Regulations
NC HSC DC GC MPO
Residential Uses
Duplexes (joint use) 1 CUP N CUP N N
Group care facility (large) 2 N N N N CUP
Group care facility (small) 2 CUP N N CUP CUP
Live/work units 3 CUP CUP CUP N N
Multiple-family units (joint use) 1 CUP N CUP N N
Recreation, Education, and Public Assembly Uses
Child-care center CUP CUP N CUP CUP Chapter
18.63 Civic use 4 N CUP P P P
Community center 4 N CUP P P P
Community garden and/or farmer’s market AR CUP CUP CUP CUP Country club and related uses CUP CUP N CUP N
Drug and alcohol treatment facilities N N N CUP CUP
Golf driving ranges CUP CUP N CUP N
Information centers P P P P N
Mortuaries N N CUP CUP N
Parks, plazas, and playgrounds P
5 CUP5
P
5 P
5 CUP5
Places of assembly (large, 10,000 sf or more) CUP CUP CUP CUP N Place of assembly (small, less than 10,000 sf) P N CUP P N Public art6 CUP CUP CUP CUP CUP Chapter 18.74
Public facility N P P P N
Schools (private) N N N CUP N
Schools (public) N N N CUP N
Utility, Transportation, and Communication Uses
Communication equipment buildings N CUP N N N
Electric substations N CUP N CUP N
Public utility structures N N N N CUP
Public utility yards N N N CUP N
Transit station/park and ride lots P P N N N
Retail, Service, and Office Uses
8.1.h
Packet Pg. 640 Attachment: Commercial Zone Permitted Use Matrix (Sperry Commercial Phase II Project) III-24 Zoning Ordinance • Adopted July, 2013
18.42 Commercial and Medical/Professional
Office Districts
III
Commercial and Medical/Professional
Office Zoning Districts
(See Section 18.42.020 for descriptions)
Special Use
Regulations
NC HSC DC GC MPO
Alcoholic beverage sales 7 CUP CUP CUP CUP N
Art, antique, collectables P P P P CUP
Artisan shops P P P P CUP
Auctions (indoor only) 8 CUP CUP N CUP N
Banks and financial services P P P P P
Bars and cocktail lounges, accessory 9 CUP P CUP CUP N
Bars, cocktail lounges CUP CUP CUP CUP N
Bed and breakfast inns P P CUP CUP N
Building supply (large) N N P N CUP N
Building supply (small) P P CUP P N
Business support services P
10 P10 P10 P10 P10
Equipment sales and rental CUP CUP CUP CUP N
Gun shops CUP CUP CUP CUP N
Hospitals N CUP N N P
Hotels/motels P P CUP P CUP
Indoor amusement/entertainment facility P P P CUP N
Indoor recreation and fitness P CUP P P CUP
Itinerant/mobile vendors N N N N N
Manufactured home sales, new N CUP N CUP N
Medical and dental laboratories CUP CUP CUP P P
Medical and dental offices P CUP P P P
Medical clinics 11 CUP CUP CUP P P
Nightclubs CUP CUP CUP CUP N
Nurseries, for sale only CUP CUP CUP CUP N
Nurseries, includes growing of nursery stock CUP CUP CUP P N Office, accessory P P P P P
Outdoor markets, sales establishments CUP CUP CUP CUP N Personal services P CUP P P CUP
Private clubs CUP CUP CUP CUP N
Professional offices P P P P P
Recreational vehicle park N CUP N N N
Restaurants, no drive-thru service P P P P CUP
Restaurants, with drive-thru service AR AR AR AR CUP
Retail, accessory CUP P P CUP N
8.1.h
Packet Pg. 641 Attachment: Commercial Zone Permitted Use Matrix (Sperry Commercial Phase II Project) City of Patterson III-25
18.42 Commercial and Medical/Professional
Office Districts
III
Commercial and Medical/Professional
Office Zoning Districts
(See Section 18.42.020 for descriptions)
Special Use
Regulations
NC HSC DC GC MPO
Retail, general P P P P CUP
Retail, big-box (>80,000 sq.ft.) N CUP N CUP N
Secondhand stores AR AR AR AR AR
Service, accessory CUP P CUP CUP N
Tattoo parlors CUP CUP CUP CUP N
Telephone answering services N CUP N N CUP
Temporary uses see
note
see
note
see
note
see
note
see
note Chapter 18.90
Theaters, not including drive-in CUP CUP CUP CUP N
Tobacco shops CUP CUP CUP CUP N
Veterinary clinics, small animal only CUP CUP CUP CUP N Wholesale commercial uses CUP CUP CUP CUP N
Automobile and Vehicle Uses
Auto part sales P P CUP P N
Auto rental agencies N CUP CUP CUP N
Auto sales, new and used N CUP N CUP N
Car washing and detailing N CUP 12 N CUP 12 N
Fuel station N CUP CUP CUP N
Parking garages and lots N N CUP CUP CUP
Recreational vehicle sales N CUP N CUP N
Small vehicle sales and rental N CUP N CUP N
Vehicle services (major) N N N N N
Vehicle services (minor) N N N CUP N
Vehicle storage (large) N CUP N CUP N
Vehicle storage (small) N AR CUP AR AR
Industrial, Manufacturing, and Processing Uses
Data center N N N CUP N
Storage, personal storage facility N N N CUP N
Storage, warehouse (small) N N N CUP N
Storage yard N N N N N
Table Notes:
1. When combined as a joint use (i.e., shops below and units above).
2. Facility shall be state licensed.
3. See land use classifications in Chapter 18.96 (Land Use Definitions) for definition of live/work units.
4. No significant storage or corporation yards permitted.
5. Parks, plazas and other types of open space are only permitted as accessory to another use.
8.1.h
Packet Pg. 642 Attachment: Commercial Zone Permitted Use Matrix (Sperry Commercial Phase II Project) III-26 Zoning Ordinance • Adopted July, 2013
18.42 Commercial and Medical/Professional
Office Districts
III
6. Two-dimensional art-works smaller than 10 square feet may be permitted through the Administrative Use Review process.
7. Subject to A.B.C. requirements, beer and wine are permitted for on-site consumption in conjunction with a restaurant use.
8. Auctions are not to include animals and shall be conducted with an enclosed building only.
9. Permitted when accessory to a hotel, motel, or restaurant.
10. Any use involving potentially hazardous materials is subject to Administrative Review (AR).
11. Includes laboratories that are ancillary to the primary use.
12. Permitted without a use permit if ancillary to a fueling station.
8.1.h
Packet Pg. 643 Attachment: Commercial Zone Permitted Use Matrix (Sperry Commercial Phase II Project)
CITY OF PATTERSON
Planning Commission Staff Report
Sperry Commercial Park Phase Two
Planned Development Overlay #21-01
Tentative Parcel Map #22-01
April 14, 2022 Meeting
PROJECT SUMMARY
A public hearing to consider a Planned Development Overlay on APN 021-093-008, a 20.25 acre lot located approximately 1,500 feet south of Sperry Avenue, between the California Aqueduct and the Delta Mendota Canal. The site is currently zoned for General Commercial land uses. The overlay would allow West Patterson Light Industrial zoning land uses. A parcel is also proposed for the same lot that would divide the property into four parcels of 10.05, 6.9, 2.1, and 0.63 acres in size, with the remainder proposed for street circulation. The 2.1 acre parcel would be provided for a storm drain basin.
APPLICANT AND SITE INFORMATION
Owner/Applicant: Eagle Valley Investments
Environmental Review: Consistent with West Patterson Business Park Environmental Impact Report And Addendum
Location: Approximately 1,500 feet south of Sperry Avenue, between California Aqueduct and the Delta Mendota
Canal
Assessor Parcel Numbers: 021-093-008
Project Size: 20.25 acres ±
General Plan Designation GC, General Commercial
Zoning: GC, General Commercial
Present: Agricultural
Surrounding Land Uses: Commercial, agricultural
Recommendation: Conditional Approval
PROJECT LOCATION AND BACKGROUND
The project site is located between the Delta Mendota Canal and the California Aqueduct, approximately 1,500 feet south of Sperry Avenue (see Figure 1).
The West Patterson Business Park Master Development Plan, which included this area was approved in 2003 and the lot was annexed to the City in 2004. The plan provided for a range of industrial uses as well as areas allocated for commercial development. Under that plan, the area to the north of this lot was designated for Highway Service Commercial uses and the subject lot was designated for West Patterson Light Industrial uses.
In 2010, the General Plan was updated and both lots were changed to a General Commercial designation. In 2019, the Planning Commission approved a parcel map to divide the northern section
8.1.i
Packet Pg. 644 Attachment: Sperry Commercial Phase 2 staff report with attachments 4-14-22 PC (Sperry Commercial Phase II Project) of the lot from the southern section. This parcel map included the southern extension of Rogers Road through that area. Subsequent approvals for the northern area include the Patterson Travel Center (Love’s), Grocery Outlet, and Dutch Bros. The southern portion of the lot (the subject property) was reserved as a remainder.
Figure 1
PROJECT DESCRIPTION
The proposed project includes two associated proposals: a planned development overlay and a tentative parcel map.
Planned Development
First, an application that would allow a Planned Development overlay. Planned Developments are an overlay over the existing zoning that allow flexibility in development. This flexibility could take any number of forms of departure from the typical zoning requirements, including allowing different uses and/or development criteria. For the current proposal, the applicant is requesting an overlay that
8.1.i
Packet Pg. 645 Attachment: Sperry Commercial Phase 2 staff report with attachments 4-14-22 PC (Sperry Commercial Phase II Project) would allow the land uses outlined in the West Patterson Light Industrial zoning designation, in addition to the currently allowed uses listed in the General Commercial Zone.
The primary reason for consideration of this proposal is the types of uses allowed in the General Commercial zone and the limitations of the subject site. Generally, the uses listed in the General Commercial Zone (see Exhibit 4) are driven by the number of vehicle trips passing by a given location in a day. Many retailers and restaurants have specific criteria for the number of vehicle trips that must past by a given location before they will consider placing a store there. As can be seen in the aerial view, the project site is located quite a distance from the nearest major roadway and the Rogers Road extension would be a dead end. To generate business in this area, the land uses would need to be a destination, rather than a pass by trip. While not all the uses outlined in the General Commercial zone have these types of vehicle trip requirements, the arrangement of the site significantly limits the potential uses.
As noted, the proposal would allow West Patterson Light Industrial uses (see Exhibit 5) in addition to the General Commercial land uses. These uses were previously considered in the West Patterson Business Park Master Development Plan.
The submitted map for the Planned Development includes a layout for a potential truck terminal on one of the lots. That use is not under review as part of this application. Should an application for that use be submitted at a later date, it would be subject to review and approval.
Parcel Map
Second, a tentative parcel map application has been submitted that would divide the subject property into four parcels of 10.05, 6.9, 2.1, and 0.63 acres in size, with the remainder proposed for street circulation. The 2.1 acre parcel would be provided for a storm drain basin. (See Exhibit 1) As proposed, the southern extension of Rogers Road would terminate in a cul-de-sac near the northern edge of the property. This cul-de-sac would provide access to all of the proposed lots (with the exception of the storm basin lot, which would be accessible through an easement). This layout presents two potential concerns.
First, as currently laid out, the extension of Rogers Road includes one access point for most of its length. The closest secondary access point is a driveway for the Grocery Outlet project, approximately 500 feet south of Sperry. This would leave over 1,000 feet of roadway with a single point of ingress/egress. If some issue should occur in that stretch, it would significantly limit the ability of emergency services to get into the area and for people to get out. When added with the potential for some of the land uses included in the West Patterson Light Industrial, which are more likely to include hazardous materials, the risks associated with this issue increase. Staff has included a condition requiring a secondary access route be provided in the event of an emergency.
Second, a cul-de-sac at this location would substantially impede future development potential of the lot to the south. Areas to the south are similarly bounded by the Delta Mendota Canal and the California Aqueduct. This lot is not included in the City’s General Plan, so is not contemplated for development, however, cutting off that potential seems shortsighted. Long-term, providing space for right-of-way to continue to the south would keep the possible connection open and provides the
8.1.i
Packet Pg. 646 Attachment: Sperry Commercial Phase 2 staff report with attachments 4-14-22 PC (Sperry Commercial Phase II Project) potential for a more permanent secondary access point in the future. Staff has included a condition to provide such an easement.
The Planning Commission’s role in reviewing a tentative parcel map includes the following:
• Find that the parcel map is consistent with the Subdivision Map Act. • Find that the parcel map is consistent with the City’s General Plan. • Find that the parcel map will implement the West Patterson Business Park Master Development Plan.
• Consider any applicable environmental documents related to the provisions of the California Environmental Quality Act.
• Consider the effect of the Commission’s decision on the City’s residents as well as the City’s fiscal and environmental resources.
ENVIRONMENTAL REVIEW
An environmental impact report (EIR) was prepared for the West Patterson Business Park Master Development Plan in 2002, SCH# 2001022031 and 2001032037. The EIR concluded that buildout of the area could result in a number of significant adverse impacts. Mitigation measures recommended by the EIR reduce many of these potentially significant environmental impacts to a less than significant level. Impacts for which no feasible mitigation was available were subject to Findings of Overriding Consideration.
In 2020, as part of review of the Love’s Travel Center, an addendum/initial study to the West Patterson Projects Environmental Impact Report (EIR) (SCH No. 2001022031) was prepared evaluating whether new circumstances, case law, or legislative actions have subsequently occurred that could negate the EIR certification. This review concluded that the project would not have any new substantial changes to the West Patterson Projects EIR (State Clearinghouse No. 2001022031) and an addendum to the EIR addressed the minor changes proposed.
Under the two documents, both scenarios (General Commercial uses and Light Industrial uses) have been considered. A mixture of the two development types would not change these reviews and would not result in significant new impacts that were not previously considered. Therefore, the project is consistent with the West Patterson Business park EIR and addendum.
FINDINGS
To recommend approval of the Planned Development Overlay, the Planning Commission must make the following findings:
1. That the proposed zoning is consistent with the General Plan and the West Patterson Business Park Master Development Plan. That the proposed design/improvements are consistent with the General Plan and West Patterson Business Park Master Development Plan.
2. That the site is physically suitable for the proposed type and density of development.
3. That the design and improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
8.1.i
Packet Pg. 647 Attachment: Sperry Commercial Phase 2 staff report with attachments 4-14-22 PC (Sperry Commercial Phase II Project)
4. That the design and improvements are not likely to cause serious public health problems.
5. That the design and improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed land division.
In order to recommend approval of the Tentative Parcel Map, the Planning Commission must make the following findings:
1. That the parcel map does not adversely affect the use of property in the vicinity or conflict with covenants, restrictions or improvements required by the subdivision of which the project parcels may be a part.
2. That all parcels hereby created, if not meeting minimum zoning district requirements applicable to the parcels, might reasonably be developed if a zoning variance or other mechanism is granted at the time the property is to be developed.
3. That the parcels hereby created are consistent with the intent of the Housing Element of the General Plan with respect to establishing a jobs/housing balance.
4. That there are adequate public services, including but not limited to, fire protection, water supply, sewage disposal, storm drain, schools and police protection to serve the project.
5. That the parcel map does not violate the provisions of the California Land Surveyors Act or the Subdivision Map Act.
6. That the parcel map will not conflict with easements acquired by the public at large for access through or use of the property, or necessary irrigation easements.
7. That the parcel map will create parcels with a size and configuration in furtherance of economic development opportunities.
ALTERNATIVE ACTIONS
1. Determine that the findings for the Planned Development Overlay and Tentative Parcel Map can be made, and motion to recommend approval of PD #21-01 and TPM #22-01 to the City Council, subject to the conditions recommended in the staff report.
2. Determine that the findings for the Planned Development Overlay and Tentative Parcel Map can be made, and motion to recommend approval of PD #21-01 and TPM #22-01 subject to the conditions recommended in the staff report with changes/revisions as may be recommended by the Commission.
3. Determine that the findings for the Planned Development Overlay or Tentative Parcel Map cannot be made and recommend denial of PD #21-01 and TPM #22-01.
RECOMMENDATION
Staff recommends that the Planning Commission do the following:
8.1.i
Packet Pg. 648 Attachment: Sperry Commercial Phase 2 staff report with attachments 4-14-22 PC (Sperry Commercial Phase II Project) • Conduct a public hearing and allow members of the public to comment; • Consider issues discussed in the Staff Report and public discourse; • Motion to find the parcel map consistent with the 2003 West Patterson Business Park EIR and Addendum and,
• Motion to recommend approval of Planned Development No. 21-01 and Tentative Parcel Map No. 22-01 to the City Council, subject to the following conditions:
1. That the project shall be subject to the mitigation measures outlined in the West Patterson Business Park EIR and Addendum.
2. That the final map submitted for checking and recordation shall be prepared by a licensed civil engineer or land surveyor, each licensed to practice in the state of California, and shall meet all of the specifications of the state Subdivision Map Act.
3. That all parcels shall comply with the minimum requirements of the General Commercial zoning classification.
4. That the approval shall comply with all applicable state and municipal codes and meet the requirements of the City Engineer.
5. That easements of record shall remain in effect and shall be recorded on the final map.
6. Public utility easements shall be granted as required by the appropriate companies and to the satisfaction of the Public Works Director and City Engineer.
7. The applicant shall file one copy of the Tentative Map to be used for assigning addresses.
8. That no non-conforming condition of zoning may be created by this approval.
8. Street trees shall be required on all new roads.
9. Cost of all inspections related to on-site and off-site improvements shall be paid by the subdivider/developer.
10. The subdivider shall set all monuments required by the Subdivision Map Act before project acceptance for off-site improvements are approved.
11. Rogers Road shall be offered for dedication to the City of Patterson in conjunction with the recordation of the Final Map.
12. Rogers Road offer of dedication shall only be accepted by the City of Patterson subsequent to the City Engineer’s and Public Works Director’s determinations that Rogers Road has been constructed/built to the City Standards and a Notice of Completion in conjunction with an agreement to release any outstanding surety bonds has been authorized by the City Council.
13. Rogers Road shall be designed and constructed/built to the proposed Rogers Road ‘Plan Line’ to City Standards or as dictated by a future soils report and associated R-Value determination contained therein.
8.1.i
Packet Pg. 649 Attachment: Sperry Commercial Phase 2 staff report with attachments 4-14-22 PC (Sperry Commercial Phase II Project)
14. That the Rogers Road centerline extension shall be in alignment in terms of the centerline.
15. Rogers Road shall be designed and constructed/built in its entirety to the limits of the overall approved development site and in so doing avoid the ramifications and unintended consequences associated with a piecemeal construction alternative. This includes, but not limited to all underground utilities and complete road structural section. The curb/gutter, sidewalk, and driveway may be installed at a later date for development that is being phased to a future date or as approved by City Engineer.
16. Storm drain inlets shall be provided along Rogers Road to allow for proper storm drainage to the satisfaction of the City Engineer.
17. In the event phased grading is permitted, the subdivider shall install the required drainage facilities concurrently with the rough grading operations or provide an interim drainage and erosion control plan, and construct interim improvements, with prior approval from the City Engineer, for mitigation and potential flooding and erosion that may adversely affect adjacent properties and public rights-of-way.
18. An engineering cost estimate shall be submitted with the grading and improvement plans.
The applicants engineer shall sign and stamp the calculations and cost estimate prior to issuance of any permits.
19. Prior to issuance of a grading permit, the applicant shall submit a soils report prepared by a registered geologist or qualified civil engineer, concerning soil conditions for grading, excavation, slope stabilization and revegetation, and footings and foundation construction.
20. That fire hydrants shall be installed per City standards and per Appendix C of the 2016 CA Fire Code.
21. That the turnaround shall be designed to provide the required turning radius of a fire apparatus, maintained to support the imposed loads of fire apparatus, and shall be surfaced so as to provide all-weather driving capabilities. 2016 C.F.C § 503.2.3; 2016 C.F.C § 503.2.4 and 2016 C.F.C § 503.2.5.
22. That the turnaround shall be signed for no truck parking.
23. The water loop would need to be within public right-of-way and will be triggered to be in place by occupancy of Oak Harbor Freight.
24. That prior to final map approval, a secondary access route shall be designated. Such route shall be established and maintained to provide emergency ingress/egress, to the satisfaction of the City Engineer and Fire Chief.
25. That the waterline shall be looped so as to provide for adequate pressure and reliability to the satisfaction of the City Engineer and Public Works Director.
8.1.i
Packet Pg. 650 Attachment: Sperry Commercial Phase 2 staff report with attachments 4-14-22 PC (Sperry Commercial Phase II Project)
26. That a right-of-way easement shall be provided to the southern edge of the property to be used in the event of future development in that area.
27.That, per Patterson Municipal Code Section 16.20.010, failure to record a final map within twenty-four months of the date of approval or conditional approval of the tentative map shall terminate all proceedings, unless otherwise provided for under the Subdivision Map Act; provided, however, that upon application of the subdivider in writing, an extension not exceeding one year may be granted by the planning commission, except as provided under subsections (B) and (C) of this section. In the event the commission denies the subdivider’s application for extension, the subdivider may appeal to the city council. Where proceedings have terminated because of failure to file a final map or failure to receive extension by the planning commission or city council, a new tentative map shall be filed in accordance with the provisions of this chapter before a final map may thereafter be recorded or any lot sold.
28. That the applicant shall indemnify, defend and hold harmless the City of Patterson, its agents, officers and employees from any and all claims, actions, or proceedings against the City of Patterson, its agents, officers and employees to attack, set aside, void, or annul any approval by the City of Patterson and its advisory agency, appeal board or legislative body concerning the project, which action is brought within the time period provided for by the Government Code of the State of California. The City of Patterson shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. If the City fails to do so, the applicant shall not thereafter be responsible to defend, indemnify or hold the City harmless.
Respectfully submitted,
Joel Andrews
City Planner
Attachments
Tentative Parcel Map
Planned Development Map
Location Map
Applicant’s project description
Permitted Use Matrix for Commercial Districts
Permitted Use Matrix for Industrial Districts
Public Notice
8.1.i
Packet Pg. 651 Attachment: Sperry Commercial Phase 2 staff report with attachments 4-14-22 PC (Sperry Commercial Phase II Project)
ROGERS ROAD
SPERRY AVENUE
DELTA MENDOTA CANAL
CALIFORNIA AQUEDUCT A.P.N. 021-091-014
REMAINDER (57 - PM - 64)
ROGERS ROAD REMAINDER (58 - PM - 05) PARCEL 4 (58 - PM - 05) PARCEL 7 (58 - PM - 05) PARCEL 3 (58 - PM - 05) PARCEL 5 (58 - PM - 05) PARCEL 6 (58 - PM - 05) PARCEL 2 (58 - PM - 05) PARCEL 1 (58 - PM - 05) PARCEL 10 PARCEL 8 PARCEL 11 PARCEL 9 REMAINDER (57 - PM - 64) PARCEL 16 CALIFORNIA AQUEDUCT RADIUS LENGTH DELTA LINE TABLE LINE DIRECTION LENGTH LINE TABLE LINE DIRECTION LENGTH CURVE TABLE CURVE R
D
G GDR ENGINEERING, Inc.
R G
D GENERAL NOTES EASEMENT NOTE LEGEND BASIS OF BEARINGS DETAIL "A" BEING A DIVISION OF THE REMAINDER AS SHOWN ON THE PARCEL MAP FILED IN BOOK 58 OF PARCEL MAPS, PAGE 5, STANISLAUS COUNTY RECORDS, LYING IN THE WEST HALF OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 7 EAST, MOUNT DIABLO MERIDIAN, CITY OF PATTERSON STANISLAUS COUNTY, CALIFORNIA PARCEL MAP FOR SPERRY COMMERCIAL PARK - PHASE 2 DRAFT 8.1.i
Packet Pg. 652
Attachment: Sperry Commercial Phase 2 staff report with attachments 4-14-22 PC (Sperry Commercial Phase II Project)
8.1.i
Packet Pg. 653 Attachment: Sperry Commercial Phase 2 staff report with attachments 4-14-22 PC (Sperry Commercial Phase II Project)
8.1.i
Packet Pg. 654 Attachment: Sperry Commercial Phase 2 staff report with attachments 4-14-22 PC (Sperry Commercial Phase II Project)
8.1.i
Packet Pg. 655 Attachment: Sperry Commercial Phase 2 staff report with attachments 4-14-22 PC (Sperry Commercial Phase II Project) City of Patterson III-23
18.42 Commercial and Medical/Professional
Office Districts
III
Table 18.42.030-1
Permitted Use Matrix for Commercial and Medical/Professional Office Districts
Commercial and Medical/Professional
Office Zoning Districts
(See Section 18.42.020 for descriptions)
Special Use
Regulations
NC HSC DC GC MPO
Residential Uses
Duplexes (joint use) 1 CUP N CUP N N
Group care facility (large) 2 N N N N CUP
Group care facility (small) 2 CUP N N CUP CUP
Live/work units 3 CUP CUP CUP N N
Multiple-family units (joint use) 1 CUP N CUP N N
Recreation, Education, and Public Assembly Uses
Child-care center CUP CUP N CUP CUP Chapter
18.63 Civic use 4 N CUP P P P
Community center 4 N CUP P P P
Community garden and/or farmer’s market AR CUP CUP CUP CUP Country club and related uses CUP CUP N CUP N
Drug and alcohol treatment facilities N N N CUP CUP
Golf driving ranges CUP CUP N CUP N
Information centers P P P P N
Mortuaries N N CUP CUP N
Parks, plazas, and playgrounds P
5 CUP5
P
5 P
5 CUP5
Places of assembly (large, 10,000 sf or more) CUP CUP CUP CUP N Place of assembly (small, less than 10,000 sf) P N CUP P N Public art6 CUP CUP CUP CUP CUP Chapter 18.74
Public facility N P P P N
Schools (private) N N N CUP N
Schools (public) N N N CUP N
Utility, Transportation, and Communication Uses
Communication equipment buildings N CUP N N N
Electric substations N CUP N CUP N
Public utility structures N N N N CUP
Public utility yards N N N CUP N
Transit station/park and ride lots P P N N N
Retail, Service, and Office Uses
8.1.i
Packet Pg. 656 Attachment: Sperry Commercial Phase 2 staff report with attachments 4-14-22 PC (Sperry Commercial Phase II Project) III-24 Zoning Ordinance • Adopted July, 2013
18.42 Commercial and Medical/Professional
Office Districts
III
Commercial and Medical/Professional
Office Zoning Districts
(See Section 18.42.020 for descriptions)
Special Use
Regulations
NC HSC DC GC MPO
Alcoholic beverage sales 7 CUP CUP CUP CUP N
Art, antique, collectables P P P P CUP
Artisan shops P P P P CUP
Auctions (indoor only) 8 CUP CUP N CUP N
Banks and financial services P P P P P
Bars and cocktail lounges, accessory 9 CUP P CUP CUP N
Bars, cocktail lounges CUP CUP CUP CUP N
Bed and breakfast inns P P CUP CUP N
Building supply (large) N N P N CUP N
Building supply (small) P P CUP P N
Business support services P
10 P10 P10 P10 P10
Equipment sales and rental CUP CUP CUP CUP N
Gun shops CUP CUP CUP CUP N
Hospitals N CUP N N P
Hotels/motels P P CUP P CUP
Indoor amusement/entertainment facility P P P CUP N
Indoor recreation and fitness P CUP P P CUP
Itinerant/mobile vendors N N N N N
Manufactured home sales, new N CUP N CUP N
Medical and dental laboratories CUP CUP CUP P P
Medical and dental offices P CUP P P P
Medical clinics 11 CUP CUP CUP P P
Nightclubs CUP CUP CUP CUP N
Nurseries, for sale only CUP CUP CUP CUP N
Nurseries, includes growing of nursery stock CUP CUP CUP P N Office, accessory P P P P P
Outdoor markets, sales establishments CUP CUP CUP CUP N Personal services P CUP P P CUP
Private clubs CUP CUP CUP CUP N
Professional offices P P P P P
Recreational vehicle park N CUP N N N
Restaurants, no drive-thru service P P P P CUP
Restaurants, with drive-thru service AR AR AR AR CUP
Retail, accessory CUP P P CUP N
8.1.i
Packet Pg. 657 Attachment: Sperry Commercial Phase 2 staff report with attachments 4-14-22 PC (Sperry Commercial Phase II Project) City of Patterson III-25
18.42 Commercial and Medical/Professional
Office Districts
III
Commercial and Medical/Professional
Office Zoning Districts
(See Section 18.42.020 for descriptions)
Special Use
Regulations
NC HSC DC GC MPO
Retail, general P P P P CUP
Retail, big-box (>80,000 sq.ft.) N CUP N CUP N
Secondhand stores AR AR AR AR AR
Service, accessory CUP P CUP CUP N
Tattoo parlors CUP CUP CUP CUP N
Telephone answering services N CUP N N CUP
Temporary uses see
note
see
note
see
note
see
note
see
note Chapter 18.90
Theaters, not including drive-in CUP CUP CUP CUP N
Tobacco shops CUP CUP CUP CUP N
Veterinary clinics, small animal only CUP CUP CUP CUP N Wholesale commercial uses CUP CUP CUP CUP N
Automobile and Vehicle Uses
Auto part sales P P CUP P N
Auto rental agencies N CUP CUP CUP N
Auto sales, new and used N CUP N CUP N
Car washing and detailing N CUP 12 N CUP 12 N
Fuel station N CUP CUP CUP N
Parking garages and lots N N CUP CUP CUP
Recreational vehicle sales N CUP N CUP N
Small vehicle sales and rental N CUP N CUP N
Vehicle services (major) N N N N N
Vehicle services (minor) N N N CUP N
Vehicle storage (large) N CUP N CUP N
Vehicle storage (small) N AR CUP AR AR
Industrial, Manufacturing, and Processing Uses
Data center N N N CUP N
Storage, personal storage facility N N N CUP N
Storage, warehouse (small) N N N CUP N
Storage yard N N N N N
Table Notes:
1. When combined as a joint use (i.e., shops below and units above).
2. Facility shall be state licensed.
3. See land use classifications in Chapter 18.96 (Land Use Definitions) for definition of live/work units.
4. No significant storage or corporation yards permitted.
5. Parks, plazas and other types of open space are only permitted as accessory to another use.
8.1.i
Packet Pg. 658 Attachment: Sperry Commercial Phase 2 staff report with attachments 4-14-22 PC (Sperry Commercial Phase II Project) III-26 Zoning Ordinance • Adopted July, 2013
18.42 Commercial and Medical/Professional
Office Districts
III
6. Two-dimensional art-works smaller than 10 square feet may be permitted through the Administrative Use Review process.
7. Subject to A.B.C. requirements, beer and wine are permitted for on-site consumption in conjunction with a restaurant use.
8. Auctions are not to include animals and shall be conducted with an enclosed building only.
9. Permitted when accessory to a hotel, motel, or restaurant.
10. Any use involving potentially hazardous materials is subject to Administrative Review (AR).
11. Includes laboratories that are ancillary to the primary use.
12. Permitted without a use permit if ancillary to a fueling station.
8.1.i
Packet Pg. 659 Attachment: Sperry Commercial Phase 2 staff report with attachments 4-14-22 PC (Sperry Commercial Phase II Project) City of Patterson III-31
18.46 Industrial Districts
III
Table 18.46.030-1
Permitted Use Matrix for Industrial Districts
Industrial Districts
(See Section 18.46.020 for
descriptions)
Specific Use
Regulations
LI HI IBP IL
Agriculture, Resource, and Open Space Uses
Crop production and horticulture P P P P
Recreation, Education, and Public Assembly Uses
Athletic fields, accessory only 1P P P P
Child-care facility CUP N AR CUP
Drug and alcohol treatment facilities CUP CUP CUP CUP
Parks, plazas, and playgrounds CUP CUP CUP CUP
Places of assembly (large, 10,000 sf or more) CUP N CUP CUP Places of assembly (small, less than 10,000 sf) CUP CUP CUP CUP Places of worship CUP N CUP CUP
Public art2 CUP CUP CUP CUP Chapter 18.74
Public facility P P P P
Schools (private) CUP CUP AR CUP
Schools (public) CUP CUP CUP CUP
Schools (trade) P P P P
Utility, Transportation, and Communication Uses
Communication equipment buildings CUP CUP CUP CUP
Communication towers AR AR AR AR
Electric substations 3 CUP CUP CUP CUP
Public utility yards P P P P
Public utility structures P P AR P
Transit station/park and ride lots AR P AR P
Retail, Service, and Office Uses
Alcoholic beverage sales 4 CUP CUP N CUP
Art, antique, collectables P P P P
Artisan shops P P AR P
Auctions 5P P CUP P
Banks and financial services P CUP AR CUP
Bars and cocktail lounges, accessory 6 CUP CUP CUP CUP
Broadcast studios AR CUP AR CUP
Building supply (large) CUP P CUP P
Building supply (small) P P P P
8.1.i
Packet Pg. 660 Attachment: Sperry Commercial Phase 2 staff report with attachments 4-14-22 PC (Sperry Commercial Phase II Project) III-32 Zoning Ordinance • Adopted July, 2013
18.46 Industrial Districts
III
Industrial Districts
(See Section 18.46.020 for
descriptions)
Specific Use
Regulations
LI HI IBP IL
Business support services P AR P P
Hotels/motels CUP CUP CUP CUP
Indoor amusement/entertainment facility AR CUP AR AR
Indoor recreation and fitness P CUP AR CUP
Manufactured home sales, new CUP CUP CUP CUP
Medical and dental laboratories CUP P CUP CUP
Medical and dental offices CUP CUP P N
Nightclubs CUP CUP CUP CUP
Offices, accessory P P P P
Outdoor markets, sales establishments CUP CUP CUP CUP
Outdoor promotions, sales or displays 7 CUP CUP CUP CUP Personal services P CUP P CUP
Personal services, accessory P P P P
Professional offices P CUP P CUP
Restaurants, no drive-thru CUP CUP CUP CUP
Restaurants, with drive-thru service CUP CUP CUP CUP
Retail, accessory P P P P
Retail, general P CUP AR P
Secondhand stores AR CUP AR AR
Services, accessory P P P P
Temporary uses 8 see
note
see
note
see
note see note Chapter 18.92
Veterinary clinics, large animal CUP CUP CUP CUP
Veterinary clinics, small animal AR AR AR AR
Wholesale commercial uses P P P P
Automobile and Vehicle Uses
Automobile and vehicle dismantling CUP AR N CUP
Automobile parts sales P P P P
Automobile rental agencies P P P P
Automobile sales, new and used P P CUP CUP
Bus yards P P N CUP
Car washing and detailing CUP 7P CUP 7 CUP 7
Fuel stations P P P P
Parking garages and lots P P P P
Recreational vehicle sales CUP CUP CUP CUP
8.1.i
Packet Pg. 661 Attachment: Sperry Commercial Phase 2 staff report with attachments 4-14-22 PC (Sperry Commercial Phase II Project) City of Patterson III-33
18.46 Industrial Districts
III
Industrial Districts
(See Section 18.46.020 for
descriptions)
Specific Use
Regulations
LI HI IBP IL
Small vehicle sales and rental P P CUP CUP
Vehicle services (major) CUP CUP N N
Vehicle services (minor) AR AR CUP CUP
Vehicle storage (large) CUP Y N N
Vehicle parking (small) Y Y CUP CUP
Industrial, Manufacturing, and Processing Uses
Agricultural products processing N CUP N N
Data center P P P P
Fuel yards CUP CUP CUP CUP
Manufacturing (major) CUP P CUP CUP
Manufacturing (minor) P P CUP P
Recycling facility, processing CUP CUP CUP CUP
Recycling facility, scrap and dismantling facility CUP CUP CUP CUP Research and development CUP CUP AR CUP
Sheet metal fabrication 8 CUP P CUP CUP
Sign fabrication companies 8 CUP P CUP CUP
Storage, personal storage facility P P P P
Storage, warehouse (small) P P CUP CUP
Storage yard CUP P CUP CUP
Truck yards/terminals CUP CUP CUP CUP
Wholesale and distribution P P P P
Table Notes:
1. Athletic fields may be permitted as part of detention/retention facilities or as accessory to a primary use (e.g., recreational opportunities for employees).
2. Two-dimensional art-works smaller than 10 square feet may be permitted through the Administrative Use Review process.
3. Including microwave facilities in conjunction therewith and wireless communication (cellular phone) facilities as further defined and permitted to a maximum height of 15 feet above the maximum height allowed in the zone, as provided in Chapter 18.84.
4. Subject to A.B.C. requirements, beer and wine are permitted for on-site consumption in conjunction with a restaurant use.
5. Auctions are not to include animals and shall be conducted with an enclosed building only.
6. Permitted when accessory to a hotel, motel, or restaurant.
7. Permitted without a use permit is ancillary to a fueling station.
8. So long as the use is conducted entirely within an enclosed building. Outdoor storage is prohibited.
Section 18.46.040 Development Standards
The following development standards are applicable to the industrial zoning districts.
These standards, along with other development standards (e.g., landscaping
8.1.i
Packet Pg. 662 Attachment: Sperry Commercial Phase 2 staff report with attachments 4-14-22 PC (Sperry Commercial Phase II Project)
PUBLIC NOTICE
THE CITY OF PATTERSON PLANNING COMMISSION
REGULAR MEETING
NOTICE IS HEREBY GIVEN that the City of Patterson Planning Commission will hold a public hearing on Thursday, April 14, 2022, at 7:00 p.m., in accordance with AB 361 (Gov. Code, § 54950 et seq.), and the Federal Americans with Disabilities Act, to consider the following:
Planned Development #21-01, Tentative Parcel Map #22-01 - Sperry Commercial Park, Phase 2, APN #021-093-008
A public hearing to consider a Planned Development Overlay on APN, 021-093-008, a 20.25 acre lot located approximately 1,500 feet south of Sperry Avenue, between the California Aqueduct and the Delta Mendota Canal. The site is currently zoned for General Commercial land uses. The overlay would also allow West Patterson Light Industrial zoning land uses. A parcel is also proposed for the same lot that would divide the property into four parcels of 10.05, 6.9, 2.1, and 0.63 acres in size, with the remainder proposed for street circulation. The 2.1 acre parcel would be provided for a storm drain basin. The project is exempt from review under CEQA.
NOTICE: THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC. ALL MEMBERS OF
THE PUBLIC MAY ALSO PARTICIPATE IN THE MEETING VIA VIDEO CONFERENCING AND VIA ZOOM TELECONFERENCE BY CALLING 1-669-900-6833, MEETING ID: 895 1570 6262, PASSWORD: 475335 AND WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT. JOIN FROM A PC, MAC, IPAD, IPHONE, OR ANDROID DEVICE BY USING THIS URL:
https://us06web.zoom.us/j/89515706262?pwd=THJxQW5xVy9IeFRzMkJQbGpzeHVLdz09 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department at (209) 895-8020. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA Title II].
The Planning Commission agenda and supporting public documents are available for viewing in City Hall, Planning Department, 1 Plaza, 2nd Floor, Patterson, California, during normal business hours.
The Planning Commission agenda and supporting public documents are also available online on the City web site www.ci.patterson.ca.us listed under Agenda Center “Planning Commission”.
At the above noted time and place, testimony from interested persons will be heard by the Planning Commission and duly considered prior to making a recommendation. Any material submitted to the Planning Commission for consideration (photographs, petitions, letters, etc.) will be retained by the City and cannot be returned. If a challenge to the above application is made in court, persons may be limited to raising only those issues they or someone else raised at the Public Hearing.
Denise Melo, Planning Technician II, Community Development Department
8.1.i
Packet Pg. 663 Attachment: Sperry Commercial Phase 2 staff report with attachments 4-14-22 PC (Sperry Commercial Phase II Project)
8.1.i
Packet Pg. 664 Attachment: Sperry Commercial Phase 2 staff report with attachments 4-14-22 PC (Sperry Commercial Phase II Project)
PUBLIC NOTICE
THE CITY OF PATTERSON CITY COUNCIL
REGULAR MEETING
NOTICE IS HEREBY GIVEN that the City of Patterson (“City”) City Council will hold a Regular Meeting on Tuesday, May 17, 2022, 7:00 p.m., in accordance with the AB 361(Gov. Code, § 54950 et seq.), and the Federal Americans with Disabilities Act to consider the following:
Public Hearing: Sperry Commercial Park, Phase 2 - Planned Development #21-01, Tentative Parcel Map #22-01
A public hearing to consider a Planned Development Overlay on APN, 021-093-008, a
20.25 acre lot located approximately 1,500 feet south of Sperry Avenue, between the California Aqueduct and the Delta Mendota Canal. The site is currently zoned for General Commercial land uses The overlay would also allow West Patterson Light Industrial zoning land uses. A parcel map is also proposed for the same lot that would divide the property into four parcels of 10.05, 6.9, 2.1, and 0.63 acres in size, with the remainder proposed for street circulation. The 2.1 acre parcel would be provided for a storm drain basin.
NOTICE: To minimize the spread of the COVID-19 virus, this hybrid meeting will be held in accordance with certain requirements of the Ralph M. Brown Act, Patterson City Council Resolution No. 2022-10, and the Federal Americans with Disabilities Act. If you would like to attend the Council meeting in person, it is strongly recommended to wear a face covering and maintain appropriate social distancing.
ALL MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THE MEETING IN PERSON OR VIA TELECONFERNCE BY CALLING 1-669-900-6833 MEETING ID: 831-2739-4067, PASSWORD: 900385 AND WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT. JOIN FROM A PC, MAC, IPAD, IPHONE, OR ANDROID DEVICE BY USING THIS URL:
https://us06web.zoom.us/j/83127394067?pwd=OVVUTjBBaFF1am5jbk5zQ09BT3ZUUT09 THIS MEETING WILL BE TELEVISED OR AVAILABLE FOR PUBLIC VIEWING ON COMCAST CABLE CHANNEL 7 ON THE FOLLOWING DAYS: WEDNESDAY AT 3:00 P.M., FRIDAY AT 8:00 P.M. AND SATURDAY AT 12:00 P.M. OR WATCH ON INTERNET VIMEO LINK: https://vimeo.com/channels/patterson/ In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (209) 895-8012. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA Title II].
The City Council agenda and supporting public documents are available for viewing at City Hall, 1 Plaza, Administration Department, 2nd Floor, Patterson, California, during normal business hours. The City Council agenda and supporting public documents are also available online on the City web site www.ci.patterson.ca.us listed under Popular Links “City Council Agendas” or please call the City Clerk at 209-895-8012 or [email protected]
At the above noted time, testimony from interested persons will be heard by the City Council and duly considered prior to making a recommendation. Any material submitted to the City Council for consideration (photographs, petitions, letters, etc.) will be retained by the City and cannot be returned. If a challenge to the above application is made in court, persons may be limited to raising only those issues they or someone else raised at the Public Hearing.
Lisa Ochoa, Planning Technician II, Community Development Department
8.1.j
Packet Pg. 665 Attachment: public notice CC Mtg. 5-17-22 Sperry Commercial Ph 2 PDF (Sperry Commercial Phase II Project) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Saadiah Ryan, Finance Director
MEETING DATE: May 17, 2022
ITEM NO: 9.1
SUBJECT: Approve Resolution No. 2022-28 a Resolution of the City Council of the City of Patterson Declaring its Intentions to Establish a Community Facilities District (CFD) No. 2022-01 (Public Safety Services) and Designate a Future Annexation Area.
RECOMMENDATION
Motion to Approve Resolution No. 2022-28 a Resolution of the City Council of the City of Patterson Declaring its Intentions to Establish a Community Facilities District (CFD) No. 2022- 01 (Public Safety Services) and Designate a Future Annexation Area.
BACKGROUND
The City of Patterson formed Community Facilities District No. 2003-1 (Public Safety/Fire Protection Services) (“CFD 2003-1”) in January 2003. At that time, the Heartland Ranch and Miraggio development projects were included in the CFD 2003-1 boundary and a future annexation area was designated for the area that would become the Patterson Gardens development. In 2017, additional undeveloped land was added to the designated future annexation area. Since its formation, more than 20 development projects have annexed to CFD 2003-1.
As the cost of providing service has increased over time, the City contracted with NBS to prepare a Fiscal Impact Analysis (see Attachment 1) to determine of the special taxes within CFD 2003-1 are commensurate with the cost of providing services to new development. That Fiscal Impact analysis estimates the amount of revenue the City receives for ongoing services as a result of new development and compares that to the cost of providing public safety services. The result, as shown in the attached 2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis (“2021 Analysis”), indicates that the rates established with CFD 2003-1 (as escalated pursuant to the methodology) are not sufficient to offset the negative fiscal impact for specific development types.
9.1 Packet Pg. 666
To implement the rates calculated by the 2021 Analysis, the formation of Community Facilities District No. 2022-01 (Public Safety Services) (“CFD 2022-01”) is presented for consideration. CFD 2022-01 designates future annexation area and is contemplated to be used going forward as the funding mechanism for public safety services for new development in the City. CFD 2003-1 would remain in place and those parcels that are within the boundaries of CFD 2003-1 would remain subject to CFD 2003-1 special taxes.
ANALYSIS
The formation of CFD 2022-01 will allow the City to levy special taxes on parcels within or that annex to in the future to fund public safety services as specified in Exhibit A to the Resolution. The formation of the district will occur only if, following a public hearing on the matter to occur at the June 21, 2022 City Council meeting, the owner of the parcels to be initially included in the district votes in favor of the formation of the district.
FISCAL IMPACT
The developers of the Baldwin Ranch project have been invoiced by the Department of Public Works for the costs to form the proposed CFD 2022-01, including the cost of formation counsel and the special tax consultant. If CFD 2022-01 is formed, the City will annually levy a special tax on the parcels in the CFD to fund the specified public safety services, with initial rates as specified in the Rate and Method of Apportionment of Special Tax for the CFD (Exhibit B to the Resolution), increasing by a maximum of 3% per year. As parcels annex to CFD 2022-01 in the future, their maximum annual special tax rates will be determined at the time they annex to the CFD. Included in the special tax rates are amounts to help offset increased staff time to administer this CFD, along with costs associated with other administration costs anticipated to be incurred by the CFD.
Attachment 1 - 2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis
9.1 Packet Pg. 667
RESOLUTION NO. 2022-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON,
DECLARING THE INTENTION TO ESTABLISH
COMMUNITY FACILITIES DISTRICT NO. 2022-01
(PUBLIC SAFETY SERVICES)
AND FUTURE ANNEXATION AREA
WHEREAS, under the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code (the “Act”), the City Council (the “Council”) of the City of Patterson (the “City”) is authorized to establish a community facilities district and to act as its legislative body; and WHEREAS, this Council, now desires to proceed with the establishment of such community facilities district to finance costs of public safety services required to meet the demands of development of lands in the City; and
WHEREAS, pursuant to Section 53339.2 of the Act, this Council further desires to undertake proceedings to provide for future annexation of territory to the proposed community facilities district.
NOW, THEREFORE, be it resolved by the City Council of the City of Patterson:
1. Authority. This Council proposes to conduct proceedings to establish a community facilities district pursuant to the Act, and hereby determines that public convenience and necessity require that a future annexation area be established pursuant to the Act.
2. Name of CFD; Future Annexation Area. The name proposed for the community facilities district is "City of Patterson Community Facilities District No. 2022-01 (Public Safety Services)" (the “CFD”).
The name proposed for the territory proposed to be annexed into the CFD in the future is "City of Patterson Community Facilities District No. 2022-01 (Public Safety Services) (Future Annexation Area)" (the "Future Annexation Area").
3. Boundaries Described. The proposed boundaries of the CFD and the Future Annexation Area are as shown on the map of them on file with the City Clerk, which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars. The City Clerk is hereby directed to record, or cause to be recorded, the map of the boundaries of the CFD and the Future Annexation Area in the office of the County Recorder within 15 days of the date of adoption of this Resolution.
Parcels within the Future Annexation Area shall be annexed to the CFD only with the unanimous approval (each, a “Unanimous Approval”) of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed, without any requirement for further public hearings or additional proceedings.
4. Services. The type of services proposed to be financed by the CFD and the Future Annexation Area and pursuant to the Act shall consist of those listed in Exhibit A hereto and
9.1.a
Packet Pg. 668 Attachment: Resolution No. 2022-28 CFD 2022-01 Final (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety 2 hereby incorporated herein (the “Services”). The Council hereby determines that the Services are necessary to meet increased demands for such services placed upon local agencies as the result of development occurring within the area of the CFD and the Future Annexation Area.
The Services are in addition to those provided in the territory of the CFD and the Future Annexation Area as of the date hereof and will not supplant services already available within the territory of the CFD and the Future Annexation Area as of the date hereof. The City intends to provide the Services on an equal basis in the original territory of the CFD and, when it has been annexed to the CFD, the Future Annexation Area.
5. Special Tax. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a special tax (the “Special Tax”) sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the CFD, will be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes, or in such other manner as this Council or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the Special Tax among the parcels of real property within the CFD in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, are described in Exhibit B attached hereto and hereby incorporated herein (the “Rate and Method”).
This Council hereby finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the Act (relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to the proposed CFD.
As required by Section 53339.3(d) of the Act, the Council hereby determines that the special tax proposed to pay for Services to be supplied within the Future Annexation Area shall be equal to any special tax levied to pay for the same Services in the existing CFD, except that a higher or lower tax may be levied within the Future Annexation Area to the extent that the actual cost of providing the Services in the Future Annexation Area is higher or lower than the cost of providing those Services in the existing CFD. In so finding, the Council does not intend to limit its ability to levy a special tax within the Future Annexation Area to provide new or additional services beyond those supplied within the existing CFD.
6. Exempt Property. Except as may otherwise be provided by law or by the rate and method of apportionment of the Special Tax for the CFD, all lands owned by any public entity, including the United States, the State of California, the County and/or the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the Special Tax to be made to cover the costs and expenses of the Services and the CFD. In the event that a portion of the property within the CFD shall become for any reason exempt, wholly or in part, from the levy of the Special Tax, this Council will, on behalf of the CFD, increase the levy to the extent necessary upon the remaining property within the CFD which is not exempt in order to yield the annual expenses of the CFD, if any, subject to the provisions of the rate and method of apportionment of the Special Tax.
7. Election and Unanimous Approval. The levy of the Special Tax in the CFD shall be subject to the approval of the qualified electors of the CFD at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in the proposed CFD, with each owner having one vote for each acre or portion of an acre such owner owns in the CFD.
9.1.a
Packet Pg. 669 Attachment: Resolution No. 2022-28 CFD 2022-01 Final (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety 3 A special tax shall be levied in the Future Annexation Area only with the Unanimous Approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed, without any requirement for further public hearings or additional proceedings.
8. CFD Report. The City Manager (or deputy or designee thereof) is hereby directed to study the proposed Services and to make, or cause to be made, and file with the City Clerk a report in writing (the “CFD Report”), which shall be a part of the record of the public hearing hereinafter specified and which report shall present the following:
(a) A description of the Services that will be required to adequately meet the needs of the CFD.
(b) An estimate of the fair and reasonable cost of the Services and incidental expenses in connection therewith, and all other related costs.
The CFD Report shall be made a part of the record of the public hearing specified below.
9. Public Hearing. Tuesday, June 21, 2022, at 7:00 p.m. (which date is at least 30 days and not more than 60 days after the date of this Resolution) or as soon thereafter as possible in the City Council Chambers located at 1 Plaza, Patterson, California, be, and the same are hereby appointed and fixed as the time and place when and where this Council, as legislative body for the CFD, will conduct a public hearing on the establishment of the CFD and consider and finally determine whether the public interest, convenience and necessity require the formation of the CFD, the Future Annexation Area and the levy of the Special Tax.
10. Notice of Hearing. The City Clerk is hereby directed to cause notice of the public hearing to be given by publication one time in a newspaper published in the area of the CFD and the Future Annexation Area. The publication shall be completed at least 7 days before the date of the public hearing specified above. The City Clerk may also cause notice of the hearing to be given to each property owner within the CFD by first class mail, postage prepaid, to each such owner’s address as it appears on the most recent tax records of the County or as otherwise known to the City Clerk to be correct. Such mailing shall be completed not less than 15 days before the date of the public hearing. The notice of the public hearing shall be substantially in the form specified in Section 53322 of the Act, with the form summarizing the provisions hereof hereby specifically approved.
11. Further Action. The Mayor, City Manager, Finance Director, City Attorney, City Clerk and all other officers and agents of the City are hereby authorized and directed to take all actions necessary or advisable to give effect to the transactions contemplated by this Resolution.
12. Effective Date. This resolution shall take effect upon its adoption. * * * * * * * * * * *
9.1.a
Packet Pg. 670 Attachment: Resolution No. 2022-28 CFD 2022-01 Final (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety 4 PASSED AND ADOPTED by the City Council of the City of Patterson on the 17th day of May 2022, by the following roll call vote:
AYES:
NOES:
EXCUSED:
APPROVED:
___________________________________
Dennis McCord
Mayor of the City of Patterson
ATTEST:
Aracely Alegre
City Clerk of the City of Patterson
I hereby certify that the foregoing is a full, correct, and true copy of a resolution passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 17th day of May 2022, and I further certify that said resolution is in full force and effect and has never been rescinded or modified.
DATED:
City Clerk of the City of Patterson
9.1.a
Packet Pg. 671 Attachment: Resolution No. 2022-28 CFD 2022-01 Final (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety Exhibit A
EXHIBIT A
CITY OF PATTERSON
Community Facilities District No. 2022-01
(Residential Maintenance Services)
DESCRIPTION OF SERVICES
Services:
The services to be funded, in whole or in part, by the community facilities district (the "District") include all direct and incidental costs related to providing for the provision of public safety services within the area of the District, the future annexation area, and areas adjacent to or in the vicinity of such areas. More specifically, the services shall include, but not be limited to:
(i) police protection services; (ii) fire protection and suppression services; (iii) ambulance and paramedic services. The District may fund any of the following related to the services described in the preceding sentence: obtaining, furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and/ or equipment, apparatus, facilities or fixtures, paying the salaries and benefits of personnel necessary or convenient to provide the services, payment of insurance costs and other related expenses and the provision of reserves for repairs and replacements and for the future provision of services. It is expected that the services will be provided by the City, either with its own employees or by contract with third parties, or any combination thereof.
The services to be financed by the District are in addition to those provided in the territory of the District before the date of creation of the District, and will not supplant services already available within that territory when the District is created.
Administrative Expenses:
The administrative expenses to be funded by the District include the direct and indirect expenses incurred by the City in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of attorneys, any fees of the County of Stanislaus related to the District or the collection of special taxes, an allocable share of the salaries of the City staff directly related thereto and a proportionate amount of the City's general administrative overhead related thereto, any amounts paid by the City from its general fund with respect to the District or the services authorized to be financed by the District, and expenses incurred by the City in undertaking action to foreclose on properties for which the payment of special taxes is delinquent, and all other costs and expenses of the City in any way related to the District.
Other:
The incidental expenses that may be funded by the District include, in addition to the administrative expenses identified above, the payment or reimbursement to the City (or to property owners in the District) all costs actually incurred in connection with the establishment and administration of the District.
9.1.a
Packet Pg. 672 Attachment: Resolution No. 2022-28 CFD 2022-01 Final (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety Exhibit B
EXHIBIT B
CITY OF PATTERSON
Community Facilities District No. 2022-01
(Residential Maintenance Services)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
[begins on following page]
9.1.a
Packet Pg. 673 Attachment: Resolution No. 2022-28 CFD 2022-01 Final (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety
PROPOSED BOUNDARIES OF
CITY OF PATTERSON
COMMUNITY FACILITIES DISTRICT NO. 2022-01
(PUBLIC SAFETY SERVICES)
AND FUTURE ANNEXATION AREA
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF PATTERSON THIS _____ DAY OF __________, 20__. _______________________
CITY CLERK
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF CITY OF PATTERSON COMMUNITY FACILITIES DISTRICT NO. 2022-01 (PUBLIC SAFETY SERVICES) AND FUTURE ANNEXATION AREA,
COUNTY OF STANISLAUS, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF PATTERSON, AT A MEETING THEREOF, HELD ON THE _____ DAY OF __________, 20__, BY ITS RESOLUTION NO._____.
_______________________
CITY CLERK
FILED THIS _____ DAY OF __________, 20__, AT THE HOUR OF _____ O'CLOCK __.M., IN BOOK _____ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, AT PAGE _____ IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF STANISLAUS, STATE OF CALIFORNIA. _______________________
COUNTY RECORDER
COUNTY OF STANISLAUS
FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR PARCELS, REFERENCE IS MADE TO THE MAPS OF THE ASSESSOR, COUNTY OF STANISLAUS, STATE OF CALIFORNIA.
CITY OF PATTERSON
COUNTY OF STANISLAUS
STATE OF CALIFORNIA
SPERRY AVE
B
ALD
WIN
R
D
AZALEA DR
LA
VEND
ER LN
OASIS LN
DAISY DR
ANGUS ST
PHLOX DR
HORIZON LN
MARIGOLD DR
BERRENDAS ST
CALVINSON PKWY
A
B
ELIA LN
PA
RK
CEN
TER
D
R
DA
YLILLY LN
N
O
S
TALG
AI A
VE
SH
O
R
TH
O
R
N
S
T
021-098-008-000
021-098-009-000
021-098-010-000
021-098-002-000
021-098-003-000
021-098-007-000
021-098-004-000
Sheet 1 of 1
Source: Stanislaus County GIS
Geographic Coordinate Reference: GCS North American 1983 Projection: NAD 1983 StatePlane California III FIPS 0403 Feet
CC II TT YY OO FF PPAATT TT EE RR SS OO NN
CFD Boundary
CFD Parcels
Parcels
0 200 400 800 Feet
O
City of Patterson
CFD Boundary
Future Annexation Area
Highways
¬«33
¬«33
¥5
¥5
SPERRY AVE
AQUEDUCT
AQUEDUCT
9.1.b
Packet Pg. 674 Attachment: Exhibit A - CFD 2022-01 (Public Safety Services) - Boundary Map (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety Services))
CITY OF PATTERSON
COMMUNITY FACILITIES DISTRICT NO. 2022-01
(PUBLIC SAFETY SERVICES)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax, as hereinafter defined, shall be levied and collected in City of Patterson Community Facilities District No. 2022-01 (Public Safety Services) (the “District”) each Fiscal Year commencing in Fiscal Year 2022/23, in an amount determined by the application of the procedures described below. All Taxable Property, as hereinafter defined, unless exempted by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
I. DEFINITIONS
The terms used herein shall have the following meanings:
“Accessory Dwelling Unit” or “ADU” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.2, as may be amended from time to time, that is accessory to a single-unit dwelling. The ADU of Developed Property may be on the same Assessor’s Parcel as the singleunit dwelling or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU only. “Acreage” or “Acre” means that acreage shown on the Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event that the Assessor’s Parcel Map or Assessor’s Data shows no acreage, the Acreage for any Assessor’s Parcel shall be determined by the District Administrator based upon the applicable condominium plan, final map or parcel map or calculated using available spatial data and GIS.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Act of the State of California. “Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of the District including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Taxes, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the Special Tax; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any action arising from delinquent Special Taxes in the District. Administrative Expenses shall also include any other amounts incurred by the City or District in connection with the administration of the District, and amounts estimated or advanced by the City for any administrative purposes of the District.
“Annual Services Costs” means the respective annual amounts determined by the District Administrator as reasonably needed to fund services authorized to be funded by the District for the applicable yearly
9.1.c
Packet Pg. 675 Attachment: Exhibit B - CFD 2022-01 (Public Safety Services) - RMA v1 (Resolution No. 2022-28 Community Facilities District No. 2022-01
period.
“Annual Special Tax Requirement” means that amount with respect to the District determined by the District Administrator as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, and (3) the amount required to establish or replenish any reserve or replacement fund established in connection with the District, as well as an amount equal to reasonably anticipated delinquencies in the payment of the annual Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year.
“Assessor’s Data” means Acreage or other Parcel information contained in the records of the County Assessor.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County for purposes of identification. “Boundary Map” means that map recorded with the County recorder’s office on ____________, 2022, in Book __ at Page __ as Document Number 2022-__________.
“City” means the City of Patterson, County of Stanislaus, California. “Council” means the City Council of the City, acting as the legislative body of the District. “County” means the County of Stanislaus, California.
“Developed Property” means, in any Fiscal Year, all Assessor’s Parcels of Taxable Property in the District for which a building permit for new construction was issued by the City prior to June 1 of the preceding Fiscal Year, but not prior to June 1, 2022.
“District” means the City of Patterson Community Facilities District No. 2022-01 (Public Safety Services). “District Administrator” means an official of the City, or designee or agent or consultant, responsible for determining the Annual Special Tax Requirement, including the Annual Services Costs, and providing for the levy and collection of Special Taxes in accordance with this Rate and Method of Apportionment of Special Tax.
“Exempt Property” means all property located within the boundaries of the District which is exempt from the Special Tax pursuant to Section V below.
“Fiscal Year” means the period from July 1st of any calendar year through June 30th of the following calendar year.
“Future Annexation Area” means the area designated for future annexation to the District as shown in the District Boundary Map, as may be amended from time to time. “GIS” means geographic information system.
9.1.c
Packet Pg. 676 Attachment: Exhibit B - CFD 2022-01 (Public Safety Services) - RMA v1 (Resolution No. 2022-28 Community Facilities District No. 2022-01
“Industrial Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit has been issued for construction of a structure to be used for industrial purposes, as determined by the District Administrator.
“Maximum Special Tax” means the maximum Special Tax authorized for levy in any Fiscal Year for each property type of Taxable Property as described in Section III or as identified for Tax Zones added to the District for future annexations.
“Multi-Family Residential Property” means, in any Fiscal Year, all Parcels of Developed Property with two or more Units that share a single Assessor’s Parcel Number, are offered for rent to the general public (or for resident manager purposes), and cannot be purchased by individual homebuyers, according to Assessor’s Data or as otherwise known by the District Administrator. Multi-Family Residential Property also means, in any Fiscal Year, all Assessor’s Parcels of Developed Property that share common walls, have separate Assessor’s Parcel Numbers assigned to them (except for a duplex triplex, or fourplex unit, which may share a Parcel with another duplex, triplex or fourplex Unit(s)), and may be purchased by individual homebuyers (which shall still be the case even if the Units are purchased and subsequently offered for rent by the owner of the Unit), including such residential structures that meet the statutory definition of a condominium project contained in Civil Code Section 4125. "Open Space Property” means property within the District which (i) has been designated with specific boundaries and Acreage on a final subdivision map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocable offered for dedication as open space to the federal government, the state of California, the County, the City, or any other public agency, or (iv) is encumbered by an easement of other restriction required by the City limiting the use of such property to open space. "Property Owner’s Association” means any duly constituted property owner’s association. As used in this definition, a Property Owner’s Association includes any homeowner’s association, condominium owner’s association, master or sub-association or non-residential owner’s association. “Property Owner’s Association Property” means any property within the boundaries of the District which is owned by a Property Owner’s Association As used in this definition, a property owner association includes any master or sub-association.
“Proportionately” means, in any Fiscal Year, that the ratio of the actual Special Tax to the Maximum Special Tax Rate is equal within each respective Tax Zone for all Assessor’s Parcels authorized to be levied in that Fiscal Year.
“Public Property” means any property within the boundaries of the District which (i) is owned by a public agency, (ii) has been irrevocably offered or dedicated to a public agency, (iii) is designated with specific boundaries and Acreage on a final subdivision map as property which will be owned by a public agency, or (iv) an easement for purposes of public or private road right-of-way making the property unusable for any other purpose has been granted. For purposes of this definition, a public agency includes the federal government, the State of California, the County, the City, school districts, or any local government or other governmental agency.
“Single Family Residential Property” means, in any Fiscal Year, all Assessor’s Parcels of Developed
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Packet Pg. 677 Attachment: Exhibit B - CFD 2022-01 (Public Safety Services) - RMA v1 (Resolution No. 2022-28 Community Facilities District No. 2022-01
Property for which a building permit was issued for construction of a Unit that does not share a common wall with another Unit, but may also contain an ADU.
“Special Tax” means the amount levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement.
“Tax Escalation Factor” means a factor of 3 percent that will be applied annually after Fiscal Year 2022/23 to increase the Maximum Special Tax Rates shown in Section III. “Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All of the Taxable Property within the District at the time of its formation is within Tax Zone No. 1. Additional Tax Zones may be created when property is annexed to the District, and a separate Maximum Special Tax shall be identified for property within the new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to the District shall be identified by Assessor’s Parcel number in the Unanimous Approval Form that is signed by the owner(s) of the Parcels at the time of annexation. “Taxable Property” means all Parcels within the District that are not Exempt Property, exempt from the Special Tax pursuant to the Act or Section V below.
“Unanimous Approval Form” means that form executed by the record owner of fee title to a Parcel or Parcels of Taxable Property annexed into the District that constitutes the property owner’s approval and unanimous vote in favor of annexing into the District and the levy of Special Tax against his/her Parcel or Parcels pursuant to this Rate and Method of Apportionment of Special Tax. “Undeveloped Property” means all Assessor’s Parcels of Taxable Property within the District that are no Developed Property.
“Unit” means an individual single family detached or attached home, townhome, condominium, apartment, or other residential dwelling unit, including each separate living area within a half-plex, duplex, triplex, fourplex, or other residential structure.
“Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 2022- 01 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code.
II. DETERMINATION OF TAXABLE PARCELS
On or about July 1 of each Fiscal Year, the District Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within the District. If any Assessor’s Parcel Numbers are no longer valid from the previous Fiscal Year, the District Administrator shall determine the new Assessor’s Parcel Number or Numbers that are in effect for the current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated or otherwise reconfigured, the Special Tax rates shall be assigned to the new Assessor’s Parcels pursuant to Section III. The District Administrator shall also determine: (i) the Tax Zone within which each Parcel is located; (ii) which Parcels are Developed Property; (iii) the number of Units and/or Acreage each Parcel contains; and (iv) the Annual Special Tax Requirement for the Fiscal Year.
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Packet Pg. 678 Attachment: Exhibit B - CFD 2022-01 (Public Safety Services) - RMA v1 (Resolution No. 2022-28 Community Facilities District No. 2022-01
III. ANNUAL SPECIAL TAX - METHOD OF APPORTIONMENT
All Taxable Property shall be subject to an annual Special Tax defined as follows.
The Special Tax shall be levied each Fiscal Year by the District Administrator. The Annual Special Tax Requirement shall be apportioned to each Parcel of Developed Property within the District by the method shown below.
First. Determine the Annual Special Tax Requirement.
Second. Levy the Special Tax on each Parcel of Developed Property, Proportionately, up to the Maximum Special Tax Rate described in the table below to satisfy the Annual Special Tax Requirement.
TABLE 1
SPECIAL TAX RATES – TAX ZONE NO. 1
FISCAL YEAR 2022/23*
Property Type
Maximum
Special Tax Rate Per
Single Family Residential Property $782.00 Unit
Accessory Dwelling Unit 312.80 Unit
Multi-Family Residential Property 634.00 Unit
Industrial Property 2,377.00 Acre
Undeveloped Property 0.00 Acre
*On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate for each Tax Zone shall be increased by 3%, the Tax Escalation Factor.
A different Maximum Special Tax Rate may be identified in Tax Zones added to the District as a result of future annexations.
In some instances, an Assessor’s Parcel of Developed Property may contain more than one type of property. The Maximum Special Taxes levied on an Assessor’s Parcel shall be the sum of the Maximum Special Taxes for all Units located on that Assessor’s Parcel.
IV. FORMULA FOR PREPAYMENT OF SPECIAL TAX OBLIGATIONS
The Special Tax may not be prepaid.
V. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement, Open Space Property, Property Owner’s Association Property, or Public Property, except as otherwise provided in Sections 53317.3, 53317.5 and 533401 of the Act.
Welfare Exempt Property shall be exempt from the Special Tax only for Fiscal Years for which the property qualifies as Welfare Exempt Property.
9.1.c
Packet Pg. 679 Attachment: Exhibit B - CFD 2022-01 (Public Safety Services) - RMA v1 (Resolution No. 2022-28 Community Facilities District No. 2022-01
VI. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT
The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning the Special Tax. In addition, the interpretation and application of any section of this document shall be at the City’s discretion. Interpretations may be made by the City by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment of Special Tax.
VII. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of the District.
A Special Tax shall be levied commencing in Fiscal Year 2022/23 to the extent necessary to satisfy the Annual Special Tax Requirement and shall be levied each Fiscal Year thereafter for as long as required to satisfy the Annual Special Tax Requirement..
VIII. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the District Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Taxes that are disputed, and the appellant must be current in all payments of Special Taxes. In addition, during the term of the appeal process, all Special Taxes levied must be paid prior to delinquency.
The appeal must specify the reasons why the appellant claims the Special Taxes are in error. The District Administrator shall review the appeal, meet with the appellant if the District Administrator deems necessary, and advise the appellant of its determination.
If the property owner disagrees with the District Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the District Administrator or subsequent decision by the City Council requires the Special Taxes to be modified or changed in favor of the property owner, an adjustment shall be made to credit future Special Taxes.
This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.
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Packet Pg. 680 Attachment: Exhibit B - CFD 2022-01 (Public Safety Services) - RMA v1 (Resolution No. 2022-28 Community Facilities District No. 2022-01 nbsgov.com
Prepared by:
Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516
Report For:
2021 Comprehensive Public Safety Feasibility
Study and Service Level Analysis
July 2021
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Packet Pg. 681 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety
TABLE OF CONTENTS
Section 1 | INTRODUCTION .................................................................................................... 1 Section 2 | BACKGROUND ...................................................................................................... 2 Police Program ......................................................................................................................... 2 Fire Safety Program .................................................................................................................. 2 Public Safety Services Budgets ................................................................................................. 4 City Persons Served .................................................................................................................. 6 Future City Persons Served ...................................................................................................... 7 Future Development ................................................................................................................ 8 Section 3 | REVENUE ESTIMATE ........................................................................................... 10 Property Tax Revenue ............................................................................................................ 10 Property Tax in Lieu of Vehicle License Fee (“VLF”) Revenue ............................................... 14 Documentary Transfer Tax Revenue ...................................................................................... 14 Sales Tax Revenue .................................................................................................................. 15 Other City Revenue ................................................................................................................ 18 Future Development Revenue Summary ............................................................................... 19 Section 4 | PUBLIC SAFETY EXPENDITURES ESTIMATE .......................................................... 21 Projected Future Development Expenditure Summary......................................................... 25 Section 5 | FUTURE DEVELOPMENT FISCAL IMPACT ............................................................. 26 Section 6 | FISCAL IMPACT FUNDING OPTIONS .................................................................... 27 Community Facilities Districts ................................................................................................ 27
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Packet Pg. 682 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety
LIST OF TABLES
Table 1. City Persons Served ................................................................................................................................. 6 Table 2. Future City Employee Population ........................................................................................................... 7 Table 3. Future City Persons Served ..................................................................................................................... 7 Table 4. Change in Persons Served ....................................................................................................................... 8 Table 5. Future Residential Development ............................................................................................................ 8 Table 6. Future Non-Residential Development .................................................................................................... 9 Table 7. Future Development Summary............................................................................................................... 9 Table 8. Total Assessed Value of Future Residential Development ................................................................... 11 Table 9. Undeveloped Residential Acreage Expected to Develop...................................................................... 11 Table 10. Incremental Assessed Value of Future Residential Development ...................................................... 11 Table 11. Property Tax Revenue Generated by Future Residential Development............................................. 12 Table 12. Total Assessed Value of Future Non-Residential Development ......................................................... 12 Table 13. Undeveloped Non-Residential Acreage Expected to Develop ............................................................ 13 Table 14. Incremental Assessed Value of Future non-Residential Development .............................................. 13 Table 15. Property Tax Revenue Generated by Future Non-Residential Development ..................................... 13 Table 16. Property Tax Revenue Generated by Future Development ............................................................... 13 Table 17. Incremental Property Tax in Lieu of VLF Ratio .................................................................................... 14 Table 18. Property Tax in Lieu of VLF Revenue .................................................................................................. 14 Table 19. Projected Documentary Transfer Tax Revenue .................................................................................. 15 Table 20. Residential Sales Tax Revenue ............................................................................................................ 16 Table 21. Sales Tax Revenue Generated by Future Employees .......................................................................... 16 Table 22. Sales Tax Revenue Generated by Commercial Development ............................................................. 17 Table 23. Sales Tax Revenue Generated by Future Development ..................................................................... 17 Table 24. Other City Revenue ............................................................................................................................. 18 Table 25. Other City Revenue per Person Served .............................................................................................. 19 Table 26. Future Development Other City Revenue .......................................................................................... 19 Table 27. Total Future Development Revenue ................................................................................................... 20 Table 28. Future Development Revenue Applicable to Public Safety ................................................................ 20 Table 29. Current Public Safety Expenditures Summary .................................................................................... 21 Table 30. Current Public Safety Service Expenditures Per Person Served ......................................................... 21 Table 31. Required Increase in Firefighter Personnel ........................................................................................ 22 Table 32. Required Increase in Firefighter Personnel Expenditure .................................................................... 23 Table 33. Increase in Fire Protection Services Personnel and Apparatus Expenditure ...................................... 23 Table 34. Increase in Fire Protection Services Personnel and Appartus Expenditure per Person Served ......... 24 Table 35. Code Enforcement Services per Future Population Served ................................................................ 24 Table 36. Total Expenditures per Future Person Served .................................................................................... 25 Table 37. Total Projected Future Development Expenditures ........................................................................... 25 Table 38. Future Development Overall Fiscal Impact......................................................................................... 26 Table 39. Future Development Fiscal Impact by Development Type ................................................................. 26 Table 40. Proposed CFD Special Tax Rates ......................................................................................................... 28
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Packet Pg. 683 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety City of Patterson
2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis 1 SECTION 1 | INTRODUCTION
The City of Patterson (the “City”) is undertaking a comprehensive review of the net fiscal impact that would be placed upon the City’s Police and Fire Protection Services (“Public Safety Services”) based upon the potential future development or redevelopment throughout the City. To summarize, our review of the revenues projected to be generated by future development, as compared with the additional costs the City will incur to provide recurring Public Safety Services, indicates that projected single family residential, multi-family residential, and industrial development will produce an overall negative fiscal impact and commercial development will produce an overall positive fiscal impact for the City.
This fiscal impact report will provide a background of the projected future development, financial information, and recommended actions for the City’s consideration. To accomplish this objective, the report includes the following information:
Background information. The introductory portion of the report focuses on the City, as well as the public services and operations under review.
Revenues. The revenue section of the report identifies the various revenue sources and the potential recurring revenues produced from projected future development, given certain reasonable assumptions.
Expenditures. The expenditures section of the report identifies the estimated recurring cost burden placed upon City Public Safety Services operations as a result of the projected future development. Fiscal Impact. Using identified projected revenues and allocated expenditures, this section of the report identifies the overall fiscal impact on City Public Safety Services operations resulting from projected future development. Fiscal impacts are addressed on a land use basis in the aggregate and further on a per-unit basis. Depending on the objectives of the analysis, the per-unit factor may be on a per person served, per dwelling unit, per parcel, and/or per square foot or acre basis. Recommendations. The report concludes with a summary of findings and recommendations for the City to consider.
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Packet Pg. 684 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety City of Patterson
2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis 2 SECTION 2 | BACKGROUND
The following is a description of the Public Safety Services carried out by the City. This report refers to these two programs cumulatively as the “Public Safety Services”.
Police Program
The mission of the Patterson Police Department is to serve all the citizens of Patterson with loyalty, integrity, and professionalism. The Patterson Police Department is dedicated to keeping the City of Patterson a safe and nurturing place to live and raise a family. The goal of the Department is to provide equal treatment to all citizens, protection of life, property and to maintain order in a professional but effective manner through positive interaction with the citizens of Patterson.
In 1998 the City of Patterson Police Department was consolidated into the Stanislaus County Sheriff’s Department, resulting in the formation of Patterson Police Services of the Stanislaus County Sheriff’s Department. The Police Department is responsible for the public safety related to the enforcement of local and state laws. The department works in partnership with other agencies and departments to prevent crime and to improve the quality of life for the residents of the City. Currently, Patterson Police Services provides the City of Patterson with a wide range of municipal law enforcement services including, but not limited to; Administration, Patrol, Traffic Enforcement, Investigations, Records Management, Training, Recruitment, Specialized Enforcement Teams, and Citizen Volunteer Programs. The Department fields six patrol deputies during the peak hours of the day, which is augmented by four detectives, three traffic officers, a community service deputy, and a school resource officer. Additionally, the police department is supplemented by two community service officers and three records clerks.
The members of the Patterson Police Department are dedicated to serving and protecting the community through the highest standards of professionalism and ethical conduct by enforcement, prevention, and education in partnership with the community. In 2020, the department responded to approximately 13,000 calls for service, arrested 457 people for various crimes and executed over 200 search warrants.
Fire Safety Program
The mission of the Patterson Fire Department (PFD) is to protect life and property by providing all-risk emergency services to the citizens of the City’s community 24 hours a day, 7 days a week, 365 days a year.
The Operations Division is responsible for providing a coordinated and organized response to emergencies and other requests for service. The division is comprised of emergency response personnel and equipment.
The daily emergency response staffing for the entire City is 6 personnel. This staffing includes a Chief Officer, 2 Captains, 2 Engineers and 2 Firefighters/Medics. The City provides a full range of emergency response services including but not limited to; emergency medical services, structural fire suppression, wildland urban interface fire suppression, hazardous materials incidents, Urban Search and Rescue, water rescue, vehicle extrication, technical rescue as well as basic life support medical services. As of 2016, Advanced Life Support (ALS) is provided through City Firefighters/Medics.
Through an automatic-aid agreement, the PFD also provides all-risk emergency services to portions of the West Stanislaus Fire Protection District service area. The department provides a wide variety of services to an expanding and diverse population.
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Packet Pg. 685 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety City of Patterson
2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis 3 Emergency response personnel respond to almost 1,600 incidents annually, of which approximately 80% are medical in nature, ranging from motor vehicle accidents and elderly falls to childbirths and heart attacks. The Operations Division often provides non-emergency customer service when there is no other public agency or private firm willing or available to assist. The Operations Division also conducts routine fire inspections on buildings in the City as well as servicing and testing the cities nearly 900 fire hydrants.
Although not included in the Division 400 Fire budget, Code Enforcement Services are required as part of the Fire Safety Program. Therefore, Code Enforcement Division 300 has also been recognized in this analysis.
Special Financing Districts
There are three Special Financing Districts that contribute towards Public Safety Services revenue, as detailed below.
PATTERSON GARDENS FIRE SUPPRESSION ASSESSMENT
The Patterson Gardens Fire Suppression Assessment (the “Assessment” or “Assessment District”) was formed by the City to fund fire suppression services. The Maximum Assessment per parcel that may be levied annually on developed property increases each fiscal year after the base year by an inflation factor equal to the change in April to April All Urban Consumer Price Index (CPI) for the San Francisco-OaklandSan Jose area.
For Fiscal Year 2020-21, there were 1,009 parcels within the Assessment District’s boundary. As of June 1, 2020, there were 984 parcels levied at the maximum assessment rate special tax of $524.27, for a total levy amount of $516,563.64. Currently, of the amount collected annually through the Assessment, an estimated $500,000 is transferred annually to Fire Station 2 (Fund 190) and the remaining amount is used for administrative expenses associated with the Assessment.
CFD NO. 2015-2
The West Patterson Financing Authority (the “Authority”) CFD No. 2015-2 was created to fund public safety and fire protection services. It was established pursuant to a Resolution of Formation adopted by the Authority on July 7, 2015. A successful landowner election authorized the levy of a Mello-Roos special tax on taxable property within CFD No. 2015-2. The services funded by the special tax are in addition to services provided in the territory of the CFD before the date of creation of the CFD, and do not supplant services already available within the CFD territory.
The maximum special tax rates are adjusted every July 1 by the All Urban Consumer Price Index (CPI) for the San Francisco-Oakland-San Jose region that occurred in the one-year period concluding with April 30 of the prior fiscal year. As of June 1, 2020, there was one parcel levied a total amount of $90,459. Currently, of the amount collected annually through the special tax, an estimated $85,000 is transferred annually to Fire Station 2 (Fund 190) and the remaining special tax collections are used for administrative expenses associated with CFD No. 2015-2.
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Packet Pg. 686 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety City of Patterson
2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis 4 CFD NO. 2003-1
Community Facilities District No. 2003-1 (Public Safety/Fire Protection Services) (the “District”) was formed by the City to finance all direct and incidental costs related to providing public safety within the District with the first priority being fire and emergency medical service. More specifically: (i) fire protection and suppression services; (ii) emergency medical services including ambulatory services; (iii) community information with regard to public safety; (iv) earthquake and other emergency relief programs; and (v) other public safety services, including police protection services. The services financed by the District are in addition to services provided in the territory of the District before the date of creation of the District, and do not supplant services already available within the District. The services funded by the special tax are in addition to services provided in the territory of the CFD before the date of creation of the CFD, and do not supplant services already available within the CFD territory.
Territory was added to the Future Annexation Area of the District so that additional annexations can be accomplished under a streamlined process. The Maximum Special Tax that may be levied annually on Taxable Property increases each fiscal year after the base year by an inflation factor which is the April to April All Urban Consumer Price Index (CPI) for the San Francisco-Oakland-San Jose area. For Fiscal Year 2020-21, there were 1,775 parcels within the District’s boundary. As of June 1, 2020, there were 1,554 parcels levied at the maximum special tax of $543.87, for a total levy amount of $1,183,027.60. Currently, all of the annual levy revenues are applied towards Fire Station #2 expenditures.
CFD No. 2003-1 is currently running an annual deficit. Expenditures exceed revenues on an annual basis by approximately $900,000 and Fund 190 is currently running a large negative fund balance. The District is currently levied at the maximum special tax rate, therefore there is no ability to recover these funds from the District. This is discussed further below.
Public Safety Services Budgets
The Public Safety Services Budgets are split between the General Fund (Fire – Division 400, Code – Division 300 and Police – Division 500) and Fund 190 (Fire Station #2). The Police and Code Enforcement budgets are housed within the General Fund. Fire Station #1 is also housed within the General Fund.
The City receives two annual reimbursements related to shared staff resources. Stanislaus County (“County”) utilizes City Fire Personnel for a strike team to put out fires. The estimated Fiscal Year 2020-21 reimbursement amount is $425,569. The City also receives an annual reimbursement related to General Fund staff shared with Fire Station #2. Currently, the Fiscal Year 2020-21 annual transfer amount is $482,360 to cover 40% of those shared staff resources with the General Fund.
Fire Station #2 is not budgeted under the General Fund, but rather under Fund 190. Fire Station #2 receives revenues from all three of the Special Financing Districts discussed above. Currently, the fire station budget is running a deficit of approximately $900,000 annually. As a result, Fund 190 is running a high negative fund balance.
Because CFD 2003-1 is already being taxed at the maximum special tax rate, the General Fund is continuing to accrue a large receivable. To address this annual expenditure budget deficit, the City’s General Fund will begin contributing $900,000 annually to Fund 190 beginning in Fiscal Year 2022-23 to offset the ongoing annual expenditure deficit.
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Packet Pg. 687 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety City of Patterson
2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis 5 Fiscal Impact Considerations
It is important to evaluate the contributions and demands that future development will place upon a public agency’s General Fund. To determine the potential positive or negative fiscal impacts placed upon the City by projected future development, this fiscal impact analysis is designed to quantify the approximate cost of Public Safety Services provided by the City to its residential and employee population. This fiscal impact analysis assumes that projected future development will impact the City’s Public Safety Services in a similar manner as existing development within the City. In addition, this analysis recognizes that enhanced levels of Public Safety Services are needed to provide an optimal level of service to populations within future residential and non-residential development. This report culminates in a recommendation to establish a funding source able to fund enhanced levels of Public Safety Services for projected future development.
To determine the projected future development’s overall fiscal impact on City Public Safety Services, this fiscal analysis focuses on the recurring revenue produced from projected future development, compared to the increased demands placed upon the City’s recurring Public Safety Services operational budget funded through the General Fund. Current-day dollar values are used in this analysis due to the inability to project revenues and expenditures at the time of buildout with accuracy. Furthermore, this analysis makes no assumptions as to when buildout of any projected future development is set to occur. Revenue estimates for this fiscal analysis do not include government transfers or one-time development impact fees that are paid to offset additional burdens placed upon public infrastructure or any economic impacts that result from the construction of the development. Similarly, the expenditure section of the analysis excludes certain government transfers and any capital allocations directed towards public infrastructure.
Analysis Methodology
The revenue portion of the fiscal impact analysis focuses on various taxes, fees, and other City revenues eligible to be allocated to the City’s Public Safety Services program. The expenditure portion of the fiscal impact analysis focuses solely on the City’s Public Safety Services expenditures.
There are several industry-accepted methods for allocating a public agency’s revenues and expenditures to future development. This analysis largely focuses on two industry-standard approaches: the case study approach and the multiplier approach. Both approaches are summarized below.
CASE STUDY APPROACH
When data used in a fiscal impact analysis is specific to the analysis itself and not dependent upon a generalized multiplier such as the number of residents, employees, etc., the case study approach is utilized. The case study approach relies on development-specific data to estimate the fiscal impacts of the projected future development. Data used in the case study approach may include assessed valuations, property turnover rates, residential and employee populations, household incomes, estimated sales, and retail expenditures.
MULTIPLIER APPROACH
The multiplier approach is used in this fiscal impact analysis when the relationship between revenues or expenditures generated from projected future development is difficult to quantify. This approach anticipates that certain revenues and expenditures are indicators of future anticipated revenues and
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Packet Pg. 688 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety City of Patterson
2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis 6 expenditures, which can be quantified based upon changes in the number of persons served. To apply this approach, this analysis determines an average revenue or expenditure amount on a per-person served basis. Depending on the type of revenue or expenditure, persons served can include residents, employees, or a combination of both.
City Persons Served
To best utilize the multiplier approach in the fiscal impact analysis and to allocate applicable revenues and expenditures, City population information is needed. The City’s existing residential and employee population figures are identified in the following section.
RESIDENTIAL POPULATION
City population data was obtained from the State of California’s Department of Finance1. According to the most recent information available, the January 2020 total estimated residential population of the City is 23,074 residents.
EMPLOYEE POPULATION
The City’s employee population data was obtained from the Employment Development Department March 2020 Benchmark (dated April 16, 2021).2
The City's estimated total employee population is 9,900 employees.
PERSONS SERVED
Using the residential and employee population estimates provided above, the total number of persons currently served within the City can be determined. When establishing the total number of persons served within an area, it should be noted that the employee population does not have the same impacts that the residential population has on an agency’s public services. While the exact service demand relationship between an employee and a resident is often difficult to measure, a relationship of one-half employee to one resident is common fiscal practice. This 50% employee adjustment suggests that a resident will have twice the impact on a public agency’s revenues and services than that of an employee. Applying this 50% adjustment to the City’s existing employee population base, the total number of persons served within the City is provided in the table on the following page.
TABLE 1. CITY PERSONS SERVED
Residential
Population Served
Employee
Population Served (1)
Current
Persons Served
23,074 4,950 28,024
(1) Adjusted to reflect 50% of the total employee population of 9,900.
Based upon the City’s residential population and adjusted employee population, the total number of persons currently served within the City is 28,024 persons. 1 The State of California Department of Finance demographics estimates, forecast for 2020 2 Employment Development Department Monthly Labor Force Data for the City of Patterson, March 2020 Benchmark
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Packet Pg. 689 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety City of Patterson
2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis 7 Future City Persons Served
FUTURE RESIDENTIAL POPULATION
The Stanislaus Council of Governments (“StanCOG”) prepared a 2018 Regional Demographic Forecast Report3 (“2018 StanCOG Report”) which estimates that by 2045 the City’s total residential population will increase to approximately 43,577 residents.
FUTURE EMPLOYEE POPULATION
According to the 2018 StanCOG Report, the projected employment by 2020 was 4,851. However, as mentioned above, the most recent Employment Development Department figures estimate the employee population to be 9,900. In reviewing the annual employee growth percentages in the 2018 StanCOG Report, from 2020-2045, it is conservatively estimated that there will be annual employee growth of 2%. Applying this 2% annual growth percentage through 2045, the estimated employee population in 2045 is 16,242.
TABLE 2. FUTURE CITY EMPLOYEE POPULATION
Description Value
Current Employee Population 9,900
Annual Growth Rate 2%
2045 Estimated Employee Population (1) 16,242
(1) Equal to (2020 Employee Population) x (1 + 2%)^25.
FUTURE PERSON SERVED
Based upon the City’s projected future residential population and adjusted employee population, the total number of future persons served within the City is 51,698 persons. The following tables present the City’s future persons served and change in residential and employee population.
TABLE 3. FUTURE CITY PERSONS SERVED
Future Residential
Population
Future Employee
Population (1)
Future
Persons Served
43,577 8,121 51,698
(1) Represents 50% of the total future employee population of 16,242.
The following table presents the City’s projected change in residents, employees, and persons served. 3 Regional Transportation Plan Sustainable Communities Strategies, Stanislaus Council of Governments, August 15, 2018
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Packet Pg. 690 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety City of Patterson
2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis 8 TABLE 4. CHANGE IN PERSONS SERVED
Description Value
Change in Residential Population 20,503
Change in Employee Population (1) 6,342
Change in Persons Served 23,674
(1) Non-adjusted figures listed.
Future Development
FUTURE RESIDENTIAL DEVELOPMENT
To estimate the number of residential units that will be required to house the projected increase in the residential population, the City’s average household size and amount of undeveloped property within the City currently planned for residential use are considered.
Per the U.S. Census Bureau July 1, 2019, population estimates for the City, the average household size within the City is 3.70 persons per household. This household size is applied to projected single family residential (“SFR”) development and reduced to 80% for multi-family residential (“MFR”) development.
According to County Secured Roll data dated January 2021, of vacant land within the City zoned for residential use, approximately 84% will be dedicated to SFR development and 16% will be dedicated to MFR development. As such, this analysis assumes that 84% of the increase in the City’s residential population will be housed in SFR developments and 16% will be housed in MFR developments.
The number of SFR and MFR units projected to be developed given the increase in the City’s population is calculated below.
TABLE 5. FUTURE RESIDENTIAL DEVELOPMENT
Description SFR MFR
Change in Residential Population (1) 17,133 3,370
Persons per Dwelling Unit (2) 3.70 2.96
Projected Number of Residential Units: (3) 4,631 1,139
(1) 86% of Change in Residential Population identified in Table 4 applied to SFR and 14% applied to MFR. (2) SFR based upon the U.S. Census Bureau July 1, 2019, Quickfacts. SFR figure multiplied by 80% to arrive at MFR figure. MFR figure is estimated and subject to change. (3) Equal to (Change in Residential Population) / (Persons per Dwelling Unit), rounded to the nearest whole number.
FUTURE NON-RESIDENTIAL DEVELOPMENT
To estimate the amount of non-residential development that will lead to the projected increase in the City’s employee population, average employees per building square feet, and the amount of undeveloped property within the City currently planned for commercial (“Commercial”) and industrial (“Industrial”) use are considered.
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Packet Pg. 691 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety City of Patterson
2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis 9 In reviewing multiple buildout methodology reports from neighboring areas, including an Association of Bay Area Governments Non-Residential Buildings Analysis (“ABAG Analysis”),4 on average Commercial development employs one person for every 335 building square feet and Industrial development employs one person for every 733 building square feet. According to Stanislaus County Secured Roll data dated January 2021, of vacant land within the City zoned for non-residential use, approximately 56% will be dedicated to Commercial development and 44% will be dedicated to Industrial development. Thus, this analysis assumes that 56% of the increase in the City’s employee population will be employed by businesses classified as Commercial and 44% will be employed by businesses classified as Industrial.
The amount of Commercial and Industrial building square feet projected to be built in the City is calculated in the following table.
TABLE 6. FUTURE NON-RESIDENTIAL DEVELOPMENT
Description Commercial Industrial
Change in Employee Population (1) 3,563 2,779
Average Building Square Footage per Employee (2) 335 733 Projected Building Square Footage: (3) 1,193,621 2,036,972 (1) 56% of Change in Employee Population identified in Table 4 applied to Commercial and 44% applied to Industrial. (2) Per the ABAG Analysis.
(3) Equal to (Change in Employee Population) x (Average Building Square Footage per Employee), rounded to the nearest whole number.
FUTURE DEVELOPMENT SUMMARY
A summary of the change in residential and employee population as a result of future development is presented in the following table.
TABLE 7. FUTURE DEVELOPMENT SUMMARY
Description SFR (1) MFR (1) Commercial (2) Industrial (2) Change in Population 17,133
Residents
3,370
Residents
3,563
Employees
2,779
Employees
Projected Through 2045 4,631
Units
1,139
Units
1,193,621
Bldg. Sq. Ft.
2,036,972
Bldg. Sq. Ft.
(1) See Table 5.
(2) See Table 6.
4 ABAG Non-Residential Buildings Analysis, Erin Wardell, Tara Weidner, PB, November 28, 2011
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Packet Pg. 692 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety City of Patterson
2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis 10 SECTION 3 | REVENUE ESTIMATE
To carry out the goals and objectives of the City-provided Public Safety Services, the City relies on revenue received from a variety of sources. City revenue sources include property tax revenue, property tax in lieu of vehicle license fees, sales tax revenue, revenue from additional taxes, fines, fees, forfeitures, and other revenue sources. To determine the estimated total revenue generated from future development, the case study approach is predominantly used in this analysis. The multiplier approach is used to allocate certain types of revenue to future development when specific data needed to utilize the case study approach is not readily available.
Property Tax Revenue
Under California law, non-exempt property pays an ad valorem property tax equal to 1% of the assessed value of the property. Any additional voter-approved taxes or assessments will result in a total property tax rate burden that can exceed 1% of the property’s assessed value. The property tax revenue received from the 1% ad valorem property tax rate is then allocated to various overlapping public agencies based upon their authorized allocation for each tax rate area (“TRA”). The City is located within several TRAs and per the City’s 2020 Comprehensive Annual Financial Report (“2020 CAFR”), the City receives approximately 18.877% of the 1% ad valorem property tax revenue.
The total assessed value of the projected future development types is calculated below, followed by a calculation of the incremental assessed value and property tax revenue expected to be generated for the City.
RESIDENTIAL DEVELOPMENT
Property is subject to the 1% ad valorem tax rate unless it can qualify for an exemption under existing California laws. Certain types of property that are granted this property tax exemption, also known as the Welfare Exemption, include hospitals, universities, churches, affordable housing, and other non-profits. If the Welfare Exemption is granted, the property will not be subject to the 1% ad valorem property tax.
However, the property may still be subject to other assessments, taxes, and charges levied by local governments. For purposes of this analysis, it is assumed that none of the projected future SFR and MFR development will qualify for the Welfare Exemption.
To calculate the amount of property tax revenue projected to be generated for the City by future SFR and MFR development, the median sales price of each property type as of April 2021 is considered. For purposes of this analysis, it is assumed that all residential units will apply and qualify for a Homeowner Exemption which reduces the assessed value of each unit by $7,000.
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Packet Pg. 693 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety City of Patterson
2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis 11 TABLE 8. TOTAL ASSESSED VALUE OF FUTURE RESIDENTIAL DEVELOPMENT Description SFR MFR
Median Price per Unit (1) $465,000 $240,000
Homeowners Exemption (7,000) (7,000)
Assessable Value per Unit (2) 458,000 233,000
Units (3) 4,631 1,139
Total Assessed Value: (4) $2,120,774,670 $265,281,850
(1) Per movoto.com Market Trends and Statistics for the City as of April 23, 2021. (2) Equal to (Median Price per Unit) – (Homeowners Exemption). (3) Calculated in Table 5.
(4) Equal to (Assessable Value per Unit) x (Units).
Undeveloped land zoned for residential use currently generates a level of property revenue for the City. For purposes of assigning base assessed value to the property that will contain the projected future SFR and MFR development, it is assumed that 80% of currently undeveloped property will develop.
TABLE 9. UNDEVELOPED RESIDENTIAL ACREAGE EXPECTED TO DEVELOP Description Acreage Assessed Value
Total Undeveloped Acreage (1) 225.16 $14,569,081
% Expected to Develop to Contain
Projected Future SFR & MFR Development (2) 80% 80%
Amount Expected to Develop: (3) 180.13 $11,655,265
(1) Per County secured roll assessed valuation data as of January 2021 reflecting valuation as of January 2020. (2) Estimated; subject to change.
(3) Equal to (Total Undeveloped Acreage) x (80%).
This analysis assumes that of the undeveloped land expected to develop, 84% of the land will be designated for SFR development and 16% for MFR development. Given this distribution, the incremental assessed value of projected SFR and MFR development is calculated in the following table.
TABLE 10. INCREMENTAL ASSESSED VALUE OF FUTURE RESIDENTIAL DEVELOPMENT Description SFR MFR
Total Assessed Value (1) $2,120,774,670 $265,281,850
Estimated Current Assessed Value (2) 9,739,474 1,915,791 Incremental Assessed Value: (3) $2,111,035,196 $263,366,060 (1) Calculated in Table 8.
(2) Assessed value of property expected to develop identified in Table 9 split 84% to SFR and 16% to MFR. (3) Equal to (Total Assessed Value) – (Estimated Current Assessed Value).
The amount of property tax revenue expected to be generated by projected residential development is presented in the following table.
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Packet Pg. 694 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety City of Patterson
2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis 12 TABLE 11. PROPERTY TAX REVENUE GENERATED BY FUTURE RESIDENTIAL DEVELOPMENT Description SFR MFR Total
Incremental Assessed Value $2,111,035,196 $263,366,060 $2,374,401,256 1% Ad Valorem (1) 21,110,352 2,633,661 23,744,013
Projected Property Tax Revenue: (2) $3,985,001 $497,156 $4,482,157 (1) Equal to (Incremental Assessed Value) x (1.00%).
(2) Equal to (1% Ad Valorem) x (18.877%).
NON-RESIDENTIAL DEVELOPMENT
To calculate the amount of property tax revenue projected to be generated for the City by future Commercial and Industrial development, the average sales price of each property type was calculated. An average price per building square foot was calculated for each property type using listing price data of property in and immediately surrounding the City listed for sale as of the date of this report5. These averages were then multiplied by the projected building square feet of future nonresidential development to obtain the projected assessed value of future Commercial and Industrial property.
TABLE 12. TOTAL ASSESSED VALUE OF FUTURE NON-RESIDENTIAL DEVELOPMENT Description Commercial Industrial
Average Price per Building Sq. Ft. (1) $149.24 $74.36
Projected Building Sq. Ft. (2) 1,193,621 2,036,972
Total Assessed Value: (3) $178,138,501 $151,468,527
(1) Per the online Commercial real estate marketplace LoopNet.com, see footnote 5. (2) Calculated in Table 6.
(3) Equal to (Average Price per Building Sq. Ft.) x (Projected Building Sq. Ft.).
Undeveloped land zoned for non-residential use currently generates a level of property tax revenue for the City. For purposes of assigning current assessed value to property that will contain the projected future Commercial and Industrial development, it is assumed that 80% of currently undeveloped property will develop.
5 Listing price data drawn from the online Commercial real estate marketplace LoopNet.com. List price data as of the date of this report of Commercial and Industrial property for sale within the City and the City of Modesto were used in this analysis.
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Packet Pg. 695 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety City of Patterson
2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis 13 TABLE 13. UNDEVELOPED NON-RESIDENTIAL ACREAGE EXPECTED TO DEVELOP Description Acreage Assessed Value
Total Undeveloped Acreage (1) 313.54 $37,016,219
% Expected to Develop to Contain
Projected Future Non-Residential Development (2) 80% 80% Amount Expected to Develop: (3) 250.83 $29,612,975
(1) Per County Secured Roll data dated January 2021.
(2) Estimated; subject to change.
(3) Equal to (Total Undeveloped Acreage) x (80%).
The incremental assessed value of projected future non-residential development is calculated in the following table.
TABLE 14. INCREMENTAL ASSESSED VALUE OF FUTURE NON-RESIDENTIAL DEVELOPMENT Description Commercial Industrial
Total Assessed Value (1) $178,138,501 $151,468,527
Total Estimated Current Value (2) 16,637,093 12,975,882 Incremental Assessed Value: (3) $161,501,408 $138,492,645 (1) Calculated in Table 12.
(2) Assessed value of property expected to develop from Table 13, split 56% to Commercial and 44% to Industrial. (3) Equal to (Total Assessed Value) – (Estimated Current Assessed Value).
The amount of property tax revenue expected to be generated by projected future non-residential development is presented in the following table.
TABLE 15. PROPERTY TAX REVENUE GENERATED BY FUTURE NON-RESIDENTIAL DEVELOPMENT Description Commercial Industrial Total
Incremental Assessed Value $161,501,408 $138,492,645 $299,994,054 1% Ad Valorem (1) 1,615,014 1,384,926 2,999,941
Projected Property Tax Revenue: (2) $304,866 $261,433 $566,299 (1) Equal to (Incremental Assessed Value) x (1.00%).
(2) Equal to (1% Ad Valorem) x (18.877).
PROPERTY TAX SUMMARY
A summary of the property tax revenue projected to be generated by future residential and non-residential development is provided in the following table.
TABLE 16. PROPERTY TAX REVENUE GENERATED BY FUTURE DEVELOPMENT SFR MFR Commercial Industrial
Total Property Tax
Revenue
$3,985,001 $497,156 $304,866 $261,433 $5,048,456
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Packet Pg. 696 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety City of Patterson
2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis 14 Property Tax in Lieu of Vehicle License Fee (“VLF”) Revenue Property tax in lieu of VLF is revenue that the City receives in addition to the City’s share of property tax revenues. In 2004, the California Legislature permanently reduced the VLF rate from two percent to 0.65% and compensated cities and counties for their revenue loss with a like amount of property taxes, dollar-fordollar. A public agency’s property tax in lieu of VLF revenue allocation changes in proportion to the growth or decline in the gross assessed valuation for that public agency. Therefore, to determine the anticipated amount of property tax in lieu of VLF to be generated from future development, a ratio of the budgeted property tax in lieu of VLF to the City’s total secured assessed value is determined. Using information from the January 2021 County Assessor’s secured roll parcel data as well as the Fiscal Year 2020-21 Budget, the estimated incremental property tax in lieu of VLF ratio is calculated below.
TABLE 17. INCREMENTAL PROPERTY TAX IN LIEU OF VLF RATIO Description Amount
2020-2021 Total City Secured Assessed Value $2,145,749,268 2020-2021 Budgeted Property Tax in Lieu of VLF 2,000,000 Property Tax in Lieu of VLF Ratio: 0.093%
The property tax in lieu of VLF ratio can then be applied to the incremental assessed value of the projected future development presented in the Property Tax Revenue section of this report to determine the amount of property tax in lieu of VLF revenue expected to be generated from projected future development.
TABLE 18. PROPERTY TAX IN LIEU OF VLF REVENUE
Description
Incremental
Assessed Value (1)
Property Tax in Lieu
of VLF Ratio
Property Tax in Lieu
of VLF Revenue (2)
SFR $2,111,035,196 0.093% $1,963,263
MFR 263,366,060 0.093% 244,930
Commercial 161,501,408 0.093% 150,196
Industrial 138,492,645 0.093% 128,798
Total Property Tax in Lieu
of VLF Revenue: $2,674,395,309 $2,487,188
(1) Calculated in Tables 10 and 14.
(2) Equal to (Incremental Assessed Value) x (Property Tax in Lieu of VLF Ratio).
Documentary Transfer Tax Revenue
When property is sold, a documentary transfer tax is charged. The documentary transfer tax is charged at a rate of $0.55 per $500 of assessed value, or $1.10 per $1,000 of assessed value. This transfer tax is then split between the City and the County. To determine the annual documentary transfer tax, the estimated property turnover rate must be considered. This analysis assumes that SFR and MFR units will turnover approximately every 13 years, which results in an annual turnover rate of about 8%. Commercial and Industrial land uses typically have minimal ownership turnover. However, to consider the potential for land use turnover, a conservative estimate of once every 20 years, or an annual turnover rate of 5%, is applied in this analysis to the projected non-residential development. Utilizing the estimated incremental assessed
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Packet Pg. 697 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety City of Patterson
2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis 15 value of projected future development and the estimated annual turnover rates, the City’s share of the documentary transfer tax is calculated in the following table.
TABLE 19. PROJECTED DOCUMENTARY TRANSFER TAX REVENUE
Description SFR MFR Commercial Industrial
Incremental Assessed Value $2,111,035,196 $263,366,060 $161,501,408 $138,492,645 Estimated Annual Turnover
Rate (1) 8% 8% 5% 5%
Annual Turnover Estimated
Value $168,882,816 $21,069,285 $8,075,070 $6,924,632
Annual Turnover Estimated
Value / $1,000 $168,883 $21,069 $8,075 $6,925
Documentary Transfer Tax
Rate per $1,000 (2) $0.55 $0.55 $0.55 $0.55
Documentary Transfer Tax
Revenue: $92,886 $11,588 $4,441 $3,809
(1) Source: “Latest Calculations Show Average Buyer Expected to Stay in Home 13 Years”, Economic and Housing Policy, National Association of Homebuilders.
(2) The $1.10 tax rate split $0.55 to the County and $0.55 to the City.
Sales Tax Revenue
The minimum combined sales tax rate for the City of Patterson is 7.875%. The California sales tax rate is currently 7.25% and the County sales tax rate is 0.625%.
RESIDENTIAL SALES TAX REVENUE
To project the amount of potential sales tax revenue to be generated from the future residential population, household income is considered. Based on information obtained from the U.S. Census Bureau, the median household income for the City is $66,233 (based upon 3.70 persons per household). For purposes of this analysis, it is assumed that the average persons per household of a MFR Dwelling Unit is
2.96 (3.70 * 80%). Therefore, the estimated household income for Multi-Family Residential units is $51,830.
Per the State Board of Equalization, approximately 29.5% of a household’s spending is spent on taxable retail goods. This percentage is discounted by 35% to attempt to account for purchases made outside of City boundaries and shifts in taxable sales from one point of sale to another within the City. The estimated sales tax revenue generated by projected future households is calculated in the following table.
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Packet Pg. 698 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety City of Patterson
2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis 16 TABLE 20. RESIDENTIAL SALES TAX REVENUE
Description SFR MFR
Median Household Income $69,233 $51,830
Percentage of Income Spent on Taxable Retail
Sales per Household (1) 19.18% 19.18%
Income Spent on Taxable Retail Sales
Within City per Household (2) $13,275 $9,938
Number of Households (3) 4,631 1,139
Total Future Resident Sales Tax Revenue: (4) $614,701 $113,149 (1) 29.5%, per BOE.gov household spending for California taxable retail goods, discounted by 35% to account for shifts in taxable sales and purchases made outside of the City boundaries. Estimate; subject to change. (2) Equal to (Median Household Income) x (Percentage of Income Spent on Taxable Retail Sales per Household). (3) Calculated in Table 5.
(4) Equals (Income Spent on Taxable Retail Sales per Household) x (Number of Households) x (1.00%).
EMPLOYEE SALES TAX REVENUE
In addition to the increased residential population, the increase in employees resulting from the projected future development will generate a certain amount of sales tax revenue for the City. The International Council of Shopping Centers conducted a survey6 that evaluated the average spending habits of the workforce. The survey determined that the average employee within an urban market spends about $4,695 per year on taxable goods and services. While personal spending is unique to each individual, this analysis assumes that approximately 75% of the employee’s annual spending will be on taxable purchases that will occur near their place of employment within the City’s boundaries. Using this information, the estimated sales tax revenue generated from future employees is calculated in the following table.
TABLE 21. SALES TAX REVENUE GENERATED BY FUTURE EMPLOYEES Description Commercial Industrial Amount
Average Annual Taxable Spending per Employee (1) $4,695 $4,695 N/A Number of Future Employees (2) 3,563 2,779 N/A
Estimated % of Taxable Sales within City (3) 75% 75% N/A Future Employee Taxable Sales within City (4) 12,545,044 9,784,343 $22,329,387 Total Future Employee Sales Tax Revenue: (5) 125,450 97,843 $223,294 (1) Drawn from a survey conducted by The International Council of Shopping Centers. (2) Identified in Table 6.
(3) Estimated; subject to change.
(4) Equal to (Average Annual Taxable Spending per Employee) x (Number of Future Employees) x (75%). (5) Equal to (Future Employee Taxable Sales within City) x (1.00%).
NON-RESIDENTIAL SALES TAX REVENUE
Sales tax revenue will be generated from taxable sales that occur within future non-residential development. Economic activity within future Industrial development may generate sales tax revenue, 8 International Council of Shopping Centers, Office-Worker Retail Spending in a Digital Age, 2012
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Packet Pg. 699 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety City of Patterson
2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis 17 though due to an inability to determine the type of businesses that will reside within future Industrial development, this analysis takes a conservative approach and does not attempt to estimate the amount of sales tax revenue that may be generated by Industrial property.
To best estimate the increase in sales tax revenue that will be generated by future Commercial property, an estimated $390 of taxable sales per square foot is considered based on a report authored by PwC in 2013.7 It is important to note that not all taxable sales generated from future Commercial development will be new taxable sales for the City. There will be a portion of these taxable sales that will shift from one existing place of business within the City to a future Commercial development’s place of business.
Furthermore, a portion of the Commercial sales tax revenue will derive from the future residential and employee population, which is quantified separately in this analysis. Therefore, to account for shifts in taxable sales from one point of sale to another point of sale within the City and separately calculated sales tax revenue from the future residential and employee population, an estimated 50% reduction has been applied. Applying the estimated taxable sales per square foot and the sales tax revenue reduction percentage, the estimated sales tax revenue from the projected Commercial development can be determined.
TABLE 22. SALES TAX REVENUE GENERATED BY COMMERCIAL DEVELOPMENT Description Amount
Estimated Taxable Sales per Square Foot (1) $390
Projected Building Square Footage (2) 1,193,621
Taxable Sales (3) $465,512,135
Future Commercial Development Sales Tax Revenue: (4) $2,327,561 (1) Figure drawn from the Measuring Up Retail Benchmarking Survey prepared by PwC in 2013. Figure is the average of the median sales per square foot figures of various retail categories. (2) Calculated in Table 6.
(3) Equal to (Estimated Taxable Sales per Square Foot) x (Projected Building Square Footage). (4) Equal to (Taxable Sales) x (City Sales Tax rate of 1.00%) x (50%). 50% reduction aims to account for shifts in taxable sales from one point of sale to another point of sale within the City, and separately calculated sales tax from the projected future residential and employee population.
SALES TAX SUMMARY
A summary of the sales tax revenue projected to be generated by future residential and non-residential development is provided in the following table.
TABLE 23. SALES TAX REVENUE GENERATED BY FUTURE DEVELOPMENT Description Sales Tax Revenue
Residential Sales Tax Revenue $727,849
Commercial Sales Tax Revenue 2,453,011
Industrial Sales Tax Revenue 97,843
Total: $3,278,704
7 Measuring Up Retail Benchmarking Survey, PwC Consulting, 2013
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Packet Pg. 700 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety City of Patterson
2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis 18 Other City Revenue
The City receives revenue from sources that have not been previously quantified via the case study and multiplier approach in earlier sections. Other City revenues include fees, fines, penalties, charges for services, and other revenues. For purposes of this fiscal impact analysis, revenues that are not allocated to the projected future development include one-time building and planning permits, charges for services, interest from City investments, special project funds, and short term and non-recurring grants.
The City currently receives revenues from its Cannabis Pilot Project Program. The City has identified recurring revenues specifically attributable to Public Safety services as identified below. Those revenues include funding for two FTE for Public Safety Positions and a portion of an administrative support position, for a total annual revenue amount of $233,278. Additionally, the City receives an annual COPS Grant – AB 3229, a Reimbursement from the State Office of Emergency Services for City Staff supporting the County Strike Team, and a General Fund Reimbursement from Fund 190 for 40% of shared fire personnel staff, which have been removed as those revenues do not change based upon population.
The following table presents the Fiscal Year 2020-21 Other City Revenues derived from the Fiscal Year 2020- 21 City Budget which apply to the projected future development (i.e., categories of revenue expected to be generated by future development).
TABLE 24. OTHER CITY REVENUE
Description
City’s 2020-2021
Budget Amount
Franchise Fee Revenue $220,000
Business License Revenue 123,324
Cannabis Pilot Project Program 233,278
To estimate the overall impact that future development will have on the listed other City revenue sources, it is assumed that the current per capita revenue amounts will serve as the best indicator of the future per capita revenue amounts. Therefore, to best allocate these other City revenues to projected future development, the multiplier approach is utilized.
It was previously identified that the total numbers of persons currently served within the City is 28,024.
Using the number of persons served, the amount of other City revenue per person can be determined. The total other City revenue amounts, the total number of persons served, and the amount per person served are presented in the following table.
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Packet Pg. 701 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety City of Patterson
2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis 19 TABLE 25. OTHER CITY REVENUE PER PERSON SERVED
Description
City’s 2020-2021
Budget Amount
Persons or
Employees Served
in City (1)
Amount per
Person Served
Franchise Fee Revenue $220,000 28,024 $7.85
Business License Revenue 123,324 4,950 24.91
Cannabis Pilot Project Program 233,278 28,024 8.32
Total: $576,602
(1) The Amount per Person Served for Business License Revenue is calculated using the current employee population count. Amount per Person Served for Franchise Fee Revenue and Cannabis Pilot Project Program Revenue is calculated using the current persons served count.
To determine the amount of other City revenue allocated to the projected future development, the other City revenue amount per person is multiplied by the increase in persons served within the projected future development. As previously determined in Table 4, the increase in persons served as a result of projected future development is 23,674, which results in a total City revenue amount of approximately $540,788 for the listed revenue categories.
TABLE 26. FUTURE DEVELOPMENT OTHER CITY REVENUE
Description
Increase in
Persons Served (1)
Amount per
Person Served
Other City
Revenue (3)
Franchise Fees 23,674 $7.85 $185,841
Business License 6,342 24.91 157,979
Cannabis Pilot Project Program 23,674 8.32 196,968
Total Other City Revenue: $540,788
(1) See Table 4.
(2) Equal to (Increase in Persons Served) x (Amount per Person Served).
Future Development Revenue Summary
The projected future development within the City will generate City revenue from several different sources.
A portion of the anticipated revenue was calculated based upon the case study approach and the remaining City revenue was allocated to the projected future development using the multiplier approach. A summary of the estimated total City revenues projected to be generated by future development is calculated in the following table.
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Packet Pg. 702 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety City of Patterson
2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis 20 TABLE 27. TOTAL FUTURE DEVELOPMENT REVENUE
Description SFR MFR Commercial Industrial Total
Property Tax $3,985,001 $497,156 $304,866 $261,433 $5,048,456 Property Tax In Lieu of
VLF 1,963,263 244,930 150,196 128,798 2,487,188
Documentary Transfer
Tax 92,886 11,588 4,441 3,809 112,724
Sales Tax 614,701 113,149 2,453,011 97,843 3,278,704
Other City 134,493 26,455 102,740 80,131 343,820
Subtotal Revenue: $6,790,344 $893,279 $3,015,255 $572,014 $11,270,892 Cannabis Pilot Project
Program Revenue: $142,546 $28,039 $14,822 $11,560 $196,968 Projected future development in the City is anticipated to generate approximately $11.6 million in total revenue to support recurring City operations. However, this analysis seeks to determine the net fiscal impact future development has on the portion of the City’s General Fund dedicated to the Public Safety Service program rather than on the City’s General Fund as a whole. In reviewing several years of City budgets, the portion of the total budget allocated to Public Safety services ranged from 43%-49% of the total budget.
Therefore, for purposes of this analysis, 45% of the City’s annual revenues are being allocated to Public Safety Services, which includes Police, Fire and Code Enforcement services. As such, to determine the net fiscal impact future development has on the portion of the City’s General Fund dedicated to the Public Safety Program, the Subtotal Revenue figures calculated in Table 27 are multiplied by 45%. However, because revenues from the Cannabis Pilot Program identified in Table 24 are 100% attributable to Public Safety Services, those revenues have not been discounted, as shown below.
TABLE 28. FUTURE DEVELOPMENT REVENUE APPLICABLE TO PUBLIC SAFETY Revenue SFR MFR Commercial Industrial Total
Subtotal Revenue (1) $6,790,344 $893,279 $3,015,255 $572,014 $11,270,892 Subtotal Revenue
Applicable
to Public Safety: (2)
$3,055,655 $401,975 $1,356,865 $257,406 $5,071,901
Cannabis Pilot Project
Program Revenue $142,546 $28,039 $14,822 $11,560 $196,968 Revenue Applicable
to Public Safety: (3) $3,198,200 $430,015 $1,371,687 $268,967 $5,268,869 (1) Identified in Table 27.
(2) Equal to (Subtotal Revenue) x (45%).
(3) Equal to (Subtotal Revenue) + (Cannabis Pilot Project Program Revenue)
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Packet Pg. 703 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety City of Patterson
2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis 21 SECTION 4 | PUBLIC SAFETY EXPENDITURES ESTIMATE
The future development revenues identified in Section 3 of this report are intended to pay for recurring expenditures related to general City services, which includes Public Safety Services. However, as mentioned, only 45% of the General Fund revenues are allocated to Public Safety Services.
Projected future development will add residents and employees to the City’s existing population base. This residential and employee population increase will place additional demands on existing Public Safety Services provided by the City. To account for the increased costs associated with additional demand, the General Fund Public Safety expenditures must first be identified.
Due to COVID-19 pandemic related impacts to the City’s budget and expenditures, per the City, the Fiscal Year 2019-20 and Fiscal Year 2020-21 expenditures were reviewed and blended to determine the appropriate Adjusted Fiscal Year 2020-21 General Fund Public Safety Service expenditures. Those expenditures are identified in the following table.
TABLE 29. CURRENT PUBLIC SAFETY EXPENDITURES SUMMARY
Description
Fiscal Year 2020-2021
Adjusted Amount
Code Enforcement Costs (Division 300) $273,547
Fire Station 1 Costs (Division 400) 2,893,756
Police Protection Costs (Division 500) 5,831,162
CFD 2003-1 Annual Expenditure Deficit (1) 900,000
Current Public Safety Service Expenditures: $9,898,465
(1) General Fund contribution to CFD 2003-1 to offset the annual expenditure budget deficit.
Public Safety Services serve the City’s residential and employee population. As such, the calculated Current Public Safety Service Expenditures are divided by the City’s current persons served to arrive at a Current Public Safety Service Expenditures per person served amount.
TABLE 30. CURRENT PUBLIC SAFETY SERVICE EXPENDITURES PER PERSON SERVED Description Value
Current Public Safety Service Expenditures $9,898,465
City Persons Served (1) 28,024
Current Public Safety Service Expenditures
per Person Served: (2) $353.21
(1) Identified in Table 1.
(2) Equal to (Current Public Safety Service Expenditures) / (City Persons Served).
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Packet Pg. 704 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety City of Patterson
2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis 22 Increased Public Safety Services Expenditures
For the City to provide the projected future development the same level of Public Safety Services the current population receives, the City will need to hire additional personnel and purchase and maintain additional apparatus as discussed further below.
Police Protection Services
The City’s current standard level of service is one fully burdened sworn police personnel per 1,000 residents. The City is currently meeting this standard level of service. Additionally, the City has contracted with the County Sheriff’s Department to provide vehicles. The city is currently in the process of finalizing the construction of a new Safety Center designed to house the police department in order to maintain the City’s standard level of service and attract more staff to meet the needs of the growing population.
Fire Protection Services
The City’s current standard level of service is one fully burdened firefighter personnel per 1,000 residents.
The City is not meeting this standard level of service. Currently, the ratio of firefighter personnel to residents is 0.87:1,000. The number of firefighter personnel the City will need to hire to ensure a firefighter personnel to residents ratio of 1.00:1,000 for its projected future population is calculated in the following table. Note that non-whole personnel figures represent positions that are less than full-time.
TABLE 31. REQUIRED INCREASE IN FIREFIGHTER PERSONNEL
Description Value
Current Residential Population 23,074
Current Firefighter Personnel to Residential
Population Ratio (1) 0.00087
Current Firefighter Personnel (2) 20.00
Future Residential Population 43,577
Future Firefighter Personnel Given Current Firefighter
Personnel to Residential Population Ratio (3) 37.77
Optimal Firefighter Personnel to Residential
Population Ratio (4) 0.00100
Optimal Future Firefighter Personnel (5) 43.58
Required Increase in Fire Personnel: (6) 5.81
(1) Equal to 0.87/1,000.
(2) Equal to (Current Residential Population) x (0.00087). (3) Equal to (Future Residential Population) x (0.00087) (4) Equal to 1.00/1,000
(5) Equal to (Future Residential Population) x (0.00100). (6) Equal to (Optimal Future Firefighter Personnel) – (Future Firefighter Personnel Given Current Firefighter Personnel to Residential Population Ratio).
The City has indicated that of its current firefighter personnel, approximately 40% are Chief and Captain Personnel and approximately 60% are Dedicated Personnel which includes all firefighting personnel not categorized as Chief and Captain Personnel. As such, of the calculated required increase in firefighter personnel, this analysis assumes that approximately 40% will be Chief and Captain positions and
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Packet Pg. 705 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety City of Patterson
2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis 23 approximately 60% will be Dedicated Personnel. According to data obtained from the City’s Fire Budget, the average cost for Chief or Captain Personnel is approximately $189,186 annually. The average cost for Dedicated Personnel is approximately $135,546. The projected cost of employing the required increase in police personnel is calculated in the following table.
TABLE 32. REQUIRED INCREASE IN FIREFIGHTER PERSONNEL EXPENDITURE Description Personnel Count (1) Cost per Personnel (2) Projected Total Cost (3) Chief or Captain Personnel 2.32 $189,186 $439,326
Dedicated Personnel (4) 3.48 135,546 472,145
Total: 5.81 $911,470
(1) 60% of Required Increase in Firefighter Personnel calculated in Table 31 allocated to Chief or Captain Personnel & 40% allocated to Dedicated Personnel, per current distribution of existing firefighter personnel. (2) Average fully burdened salary and benefits cost of existing positions in FY 2020-21 Budget. (3) Equal to (Personnel Count) x (Cost per Personnel).
(4) Includes Fire Engineer, Firefighter-Paramedic and Fire Engineer Paramedic.
The City has also indicated that to provide an optimal level of fire protection services to its community, there will be a need for additional fire apparatus to serve the future population. There will be a need for 2 fire engines estimated to cost $750,000 each. The City will also need to purchase a new aerial apparatus, estimated to cost $1.5 million. Per the National Fire Protection Association, front line apparatus should be replaced every 15 years. Therefore, one replacement cycle has been included for the fire engines and the aerial apparatus. A summary of the projected cost of required increases in Fire Protection Services is presented below.
TABLE 33. INCREASE IN FIRE PROTECTION SERVICES PERSONNEL AND APPARATUS EXPENDITURE Description
Fire
Protection
Cost for Required Increase in Firefighter Personnel (1) $911,470 Cost for 2 Fire Engines (2) 200,000
Cost for 2 Fire Utility Vehicles (3) 20,000
Cost for Aerial Apparatus (4) 200,000
Total Cost for Fire Protection Services Personnel and Apparatus: $1,331,470 (1) Calculated in Table 32.
(2) Per the City, assumes 2 fire engines estimated to cost $750,000 each with a lifecycle replacement of 15 years; assumes purchase plus one full replacement. (3) Per the City, assumes 2 fire utility vehicles estimated to cost $75,000 each with a lifecycle replacement of 15 years; assumes purchase plus one full replacement. (4) Per the City, assumes aerial apparatus estimated to cost $1.5 million with a lifecycle replacement of 15 years; assumes purchase plus one full replacement.
The required increase in Fire Protection Services Personnel and Apparatus would serve the City’s projected increase in residential and employee population. As such, the calculated Required Increase in Fire Protection Services Personnel and Apparatus Expenditure is divided by the City’s projected increase in persons served to arrive at a Required Increase in Public Safety Services Personnel and Apparatus Expenditure per future person served amount.
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Packet Pg. 706 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety City of Patterson
2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis 24 TABLE 34. INCREASE IN FIRE PROTECTION SERVICES PERSONNEL AND APPARTUS EXPENDITURE PER
PERSON SERVED
Description
Fire
Protection
Required Increase in Fire Protection Services Personnel and Apparatus Expenditure $1,331,470
Increase in Persons Served 23,674
Required Increase in Fire Protection Services Personnel and Apparatus Expenditure per Person Served: (1) $56.24
(1) Equal to (Required Increase in Fire Protection Services Personnel and Apparatus Expenditure) / (Increase in Persons Served).
The amount of annual additional Fire Protection Services Personnel and Apparatus per person is $56.24. The fire protection services are intended to serve both the residential and employee population, therefore these costs apply to both the future residential and employee population.
Code Enforcement Services
As a result of expected future new development, additional funding will be needed to cover necessary Code Enforcement services. The City estimates needing 2 additional Code Enforcement Personnel to serve the anticipated future population of 23,674. The City provided a fully burdened cost of $79,626 for Code Enforcement Personnel. Utilizing this information, the increased Code Enforcement services per person served can be determined.
TABLE 35. CODE ENFORCEMENT SERVICES PER FUTURE POPULATION SERVED Description Value
Increase in Persons Served 23,674
Additional Code Enforcement Personnel (1) 2.00
Total Cost for 1 Additional Code Enforcement Personnel (2) $79,626 Total Additional Code Enforcement Costs (3) $159,252
Annual Increased Code Enforcement Services per Person Served: (4) $6.73 (1) Estimated; subject to change.
(2) Per the City, annual fully burdened cost of 1 Code Enforcement Personnel. (3) Equal to (Total Cost for 1 Additional Code Enforcement Personnel) x (Additional Code Enforcement Personnel)
(4) Equal to (Total Additional Code Enforcement Costs) / (Total Future Population).
The Code Enforcement services are intended to serve both the residential and employee population, therefore these costs apply to both the future resident and future employee population. The total combined expenditures per future person served is calculated in the following table.
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Packet Pg. 707 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety City of Patterson
2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis 25 TABLE 36. TOTAL EXPENDITURES PER FUTURE PERSON SERVED
Description Value
Current Public Safety Service Expenditures per Person Served (1) $353.21 Required Increase in Fire Protection Personnel and Apparatus Expenditures per Future Person Served (2) 56.24
Required Increase in Code Enforcement Expenditures per Future Person Served (3) 6.73
Total Expenditures per Future Person Served: $416.18
(1) Calculated in Table 30.
(2) Calculated in Table 34
(3) Calculated in Table 35.
Projected Future Development Expenditure Summary
To determine the total amount of City Public Safety Services expenditures allocated to projected future development, the total expenditures per future person served is multiplied by the estimated increase in persons served. Applying the total expenditures per future person served amount to the increase in persons served as a result of future development, the projected impact of the future person served population to the City’s Public Safety expenditures is approximately $9.85 million, as shown in the following table.
TABLE 37. TOTAL PROJECTED FUTURE DEVELOPMENT EXPENDITURES Description SFR MFR Commercial Industrial Total
Change in Persons Served (1) 17,133 3,370 1,782 1,389 23,674 Total Expenditures per
Future Person Served (2) 416.18 416.18 416.18 416.18 N/A Total Expenditures: (3) $7,130,413 $1,402,579 $741,439 $578,276 $9,852,707 (1) Calculated in Table 7. Employee figure in Table 7 reduced by 50% to obtain Change in Person Served. (2) Calculated in Table 36.
(3) Equal to (Change in Persons Served) x (Total Expenditure per Future Person Served).
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Packet Pg. 708 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety City of Patterson
2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis 26 SECTION 5 | FUTURE DEVELOPMENT FISCAL IMPACT
Based on the projected future development’s estimated revenue determined in Table 28 and the accompanying expenditures presented in Table 37, the projected future development will result in an overall negative fiscal impact for the City in respect to its providing of Public Safety Services. The table below sets forth the total anticipated negative fiscal impact.
TABLE 38. FUTURE DEVELOPMENT OVERALL FISCAL IMPACT
Description Amount
Total Revenue (1) $5,268,869
Total Expenditures (2) (9,852,707)
Positive / (Negative) Fiscal Impact: ($4,583,838)
(1) Calculated in Table 28.
(2) Calculated in Table 37.
The projected SFR, MFR, and Industrial development are projected to have a negative fiscal impact, while the projected Commercial property is projected to have a positive fiscal impact. The table below sets forth the total anticipated negative fiscal impact by Development Type.
TABLE 39. FUTURE DEVELOPMENT FISCAL IMPACT BY DEVELOPMENT TYPE Description SFR MFR Commercial Industrial
Total Revenue $3,198,200 $430,015 $1,371,687 $268,967
Total Expenditures (7,130,413) (1,402,579) (741,439) (578,276) Positive / (Negative) Fiscal
Impact: ($3,932,213) ($972,564) $630,248 ($309,309)
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Packet Pg. 709 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety City of Patterson
2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis 27 SECTION 6 | FISCAL IMPACT FUNDING OPTIONS
To mitigate the overall negative fiscal impact identified in Section 5 of this report, the City could consider the establishment of a special tax or special assessment. Since the City’s negative fiscal impact is attributable to the provision of Public Safety Services, a special assessment would not be the most appropriate funding option for the City. Special assessments require the identification and separation of general and special benefits. Special benefits can be assessed to property, but all general benefits must be funded by sources other than the special assessments. Therefore, a special assessment would not entirely alleviate the negative fiscal impact created by projected future development.
Community Facilities Districts
A Community Facilities District, or CFD (also referred to as a Mello-Roos District), is a type of SFD that is established via the Mello-Roos Community Facilities District Act of 1982 (“1982 Act”). Through the levy and collection of a special tax, CFDs provide funding for authorized public improvements and/or public services.
The CFD’s Rate and Method of Apportionment includes procedures for identifying and classifying property within the CFD, establishing the initial maximum special tax rates, and the formula for calculating the annual special tax and assigning the special tax to taxable property within the CFD. Since CFDs authorize the levy and collection of a special tax, as opposed to a special assessment, there is no requirement to make a finding of special benefit for the taxed property. However, the special tax should be based on a benefit received by property, the cost of providing the facilities or services, or some other reasonable basis for assigning the special tax, as determined by the legislative body.
To establish a CFD, the 1982 Act requires two-thirds approval of the registered voters, residing within the proposed CFD boundary, voting in the special tax election. If there are less than 12 registered voters within the proposed CFD boundaries, then a landowner special tax election can take place. In the case of a landowner special tax election, a two-thirds approval is still required, and each landowner receives one vote per acre or portion of an acre of land owned. It should be noted that if a CFD is approved via a landowner special tax election, the CFD is only authorized to fund additional services. In Building Industry Association of the Bay Area v. City of San Ramon, the California Appellate Court held that a landowner approved CFD can only fund the increase in demand for pre-existing services, so long as the special tax revenue is not available for general government purposes. The additional services funded by the CFD shall not replace services already available and provided within the boundaries of the CFD.
PROJECT AREA SPECIFIC COSTS
In addition to using a CFD to mitigate negative fiscal impacts, the CFD can also fund authorized services that are provided at an enhanced level or are unique to the projected future development. These services would be in addition to the previously identified negative fiscal impacts placed upon the City in providing the existing level of Public Safety Services. Funding for any enhanced and/or additional recurring public service costs, including repairs and replacements, reserves and administration can be accomplished through a CFD.
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Packet Pg. 710 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety City of Patterson
2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis 28
BENEFITS TO CITY
Through the formation of a CFD, the City can establish an ongoing funding source that mitigates the negative fiscal impacts created by projected future development within the City. The CFD’s maximum special tax rate can include an annual escalation factor, to keep pace with changing costs, that is based upon an annual fixed amount or is tied to a specific inflation index. Further, the CFD special tax can be established without a sunset date so that the CFD special tax can be levied in perpetuity.
Recommendation
For the City to continue to provide necessary Public Safety Services to its population base, the City needs to ensure that developing property pays its fair share as a result of any additional financial burdens placed upon the City’s Public Safety Services operational budget due to the new development. It has been determined that the projected future development will produce an overall negative fiscal impact of approximately $4.58 million. To mitigate this negative fiscal impact, the City could consider establishing a CFD.
If the City elected to establish a CFD, the levy and collection of the special tax could generate sufficient revenue to offset the negative fiscal impact to the City of approximately $4.58 million, as well as provide the flexibility to generate additional revenue to fund any enhanced or new project specific costs desired by the projected future development. The CFD’s Rate and Method of Apportionment (RMA) establishes the special tax formula and sets the initial maximum special tax rates. A benefit of the CFD is that it allows for a great deal of flexibility in structuring the special tax formula so that the formula and maximum special tax rates best fit and accomplish the specific needs of the project. In this case, the CFD special tax rates could be sized to not only recover the annual negative fiscal impact, but the special tax rates could be structured to recover the initial costs associated with the formation of the CFD, as well as the ongoing administrative costs to the City.
Based on the negative fiscal impacts created by future residential and non-residential development identified in Table 39, the total amount to be recovered from a CFD is presented in the following table.
Commercial development is excluded due to its projected positive fiscal impact.
TABLE 40. PROPOSED INITIAL CFD SPECIAL TAX RATES
Development
Type
Projected
Development CFD Rate Revenue
SFR 4,631 Units $770 per Unit $3,565,206
MFR 1,139 Units 616 per Unit 701,289
Industrial 137.39 Acres 2,310 per Acre 317,343
Total: $4,583,838
The CFD special tax rates presented in Table 40 would represent the initial CFD maximum special tax rate to fund the identified negative fiscal impacts. The City could also increase the initial CFD maximum special tax rates to cover the added costs for administering the CFD, as well as establish any reserves or contingency funds. Furthermore, the CFD would be structured to include a special tax escalation factor, which would allow for an increase to the annual maximum special tax. For a CFD that only funds authorized services, there are no restrictions on the establishment of the special tax escalation factor. However, it is
9.1.d
Packet Pg. 711 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety City of Patterson
2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis 29 recommended that the special tax escalation factor be tied to a specific cost index and perhaps also include a minimum annual increase to the maximum special tax. As an example, the City may want to consider a special tax escalation factor that is tied to the annual change in the Consumer Price Index (CPI) for All Urban Consumers for the San Francisco-Oakland-San Jose area Region as published by the Department of Labor’s Bureau of Labor Statistics, with a minimum increase of 5%. This would ensure that the maximum special tax increases at a minimum of 5% annually. While the maximum special tax increases on an annual basis, the City is not required to levy the special tax at the maximum rates each year. To meet the CFD annual special tax requirement, authorized services, and administrative costs, the City has the flexibility to levy a special tax amount that is less than or equal to the annual maximum special tax.
Funding the negative fiscal impact with a CFD special tax provides a great deal of flexibility for the City. If structured correctly, the CFD could establish a long-term funding solution that will remain in place regardless of future ownership and land use changes.
9.1.d
Packet Pg. 712 Attachment: Attachment 1 - City of Patterson FIA_FINAL (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety