Patterson City Council
September 20, 2022

City of Patterson Page 1 Updated 9/15/2022 4:32 PM
Agenda
City of Patterson
City Council Regular Meeting
September 20, 2022
7:00 PM
Council Chambers
1 Plaza
Patterson, CA 95363
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. 2022-55, 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.

MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THE MEETING IN PERSON OR VIA TELECONFERENCE BY CALLING 1-669-900-9128, MEETING ID: 693 538 4239, PASSWORD: 20995363 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://us02web.zoom.us/j/6935384239?pwd=ZmZwMFdYajRsTjlKTnNTamZCWXFXdz09

THE 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 in City Hall, Administration Department, 1 Plaza, 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 or email the City Clerk at (209) 895-8012 or [email protected]
If you wish to be notified of future City Council Meetings, please visit our web site www.ci.patterson.ca.us go to Popular Links “City Council Agendas” and Subscribe to “RSS” City of Patterson Page 2 Updated 9/15/2022 4:32 PM
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1. Call to Order

2. Pledge of Allegiance

3. Statements of Conflict

4. Items from the Public
Any member of the audience desiring to address the Council regarding a matter on the agenda, please raise your hand or step to the podium, or if using the zoom app by pressing *9 on your cell phone at the time the item is announced by the Mayor. The public wishing to address the Council on items that do not appear on the agenda may do so; however, Council will take no action other than referring the item to staff for study and analysis and may place the item on a future agenda (Resolution 92-25)
In order that all interested parties have an opportunity to speak, any person addressing the Council will be limited to a maximum of five (5) minutes unless the Mayor grants a longer period of time (Resolution 92-25)
Please State Your Name and City for the Record.

5. Consent Calendar
All items are approved by a single action. Any item may be removed from the Consent Calendar for separate discussion upon request from a member of the Public, Staff and/or Councilmember.

5.1. Motion to Waive Readings - All Readings of Ordinances and Resolutions, Except by Title are hereby waived.

5.2. Approve Minutes of Special Meeting/Closed Session - August 16, 2022 (6:00 PM)

5.3. Approve Minutes of Regular Meeting - August 16, 2022 (7:00 PM)

5.4. Approve City Commission Reports for the Month of August 2022 (Parks Recreation & Beautification Commission)

5.5. Approve City Department Reports for the Months of July thru August 2022 (Planning Department, Public Works and Recreation & Community Services)

5.6. Adopt Resolution No. 2022-67, Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.

5.7. Approve Street Closure Request for Patterson High School Homecoming Parade Friday, October 7, 2022.

City of Patterson Page 3 Updated 9/15/2022 4:32 PM

5.8. Approve Street Closure for Santa Claus is Coming to Town Event and Parade on Saturday, December 2, 2022.

5.9. Approve Resolution No. 2022-63 Accepting the Public Improvements for Villages of Patterson, Clayton Shire Phase 1 as Complete; Authorizing the City Clerk to File the Notice of Completion; and Begin the One-Year Warranty.

5.10. Approve Request for the Road Closure of Baldwin Road from Sperry Avenue to Azalea Drive from September 26, 2022 to November 4, 2022 to complete Offsite Utility and Road Construction activities required for the Baldwin Ranch Subdivision.

5.11. Approve Resolution No. 2022-65, Accepting as complete the Kinshire Water Replacement and Street FDR Phase-1A Project, and Authorizing Staff to File the Notice of Completion and Commence the One-Year Warranty Period.

5.12. Approve Resolution No. 2022-66, Approving the State Department of Transportation (Caltrans) Program Supplemental Agreement No. F037 for the Sperry Avenue Pavement Overlay - Phase 2 Project STPL-5244 (041), from American Eagle Avenue to Ward Avenue, and Authorize the City Manager to Execute the Agreement and all Future Documents for this Project on the City’s Behalf.

5.13. Approve the Recommended Use of the Supplemental Law Enforcement Services Account (SLESA) for Fiscal Year 2022-23.

5.14. Approve the Seventh Amendment to the employment contract between City Manager Ken Irwin and the City of Patterson.

5.15. Approval of the Patterson Management Mid-Management Employee Association (PMMEA) and the American Federation of State, County, and Municipal Employees (AFSCME) New Classifications and Corresponding Job Descriptions, and Revisions to Existing Job Descriptions

6. Presentation/Action Item

6.1. Public Works Department - Motion to Approve Street Name Change from Baldwin Road to Jeremiah Way in Memory of Jeremiah Paul Schali.

7. Public Hearing

7.1. Planning Department - Approve Resolution No. 2022-64 approving a General Plan Amendment, which would redesignate the northwest portion of APN 021- 025-028, a 101.96 acre lot located west of Rogers Road, between the Delta Mendota Canal and the California Aqueduct, to a Light Industrial General Plan designation and motion to approve the first reading and introduction of Ordinance No. 864 approving a rezone to the West Patterson Light Industrial District. The site is currently zoned for General Commercial land uses.

City of Patterson Page 4 Updated 9/15/2022 4:32 PM
Staff Report: Community Development Director Stice
Mayor: Open/Close the Public Hearing
Council: Motion to Approve Resolution No. 2022-64
Council: Motion to Approve First Reading and Introduction of Ordinance No. 864, Reading by title only waiving further reading.

8. City Staff Reports

8.1. Finance - Approve Second Reading and Adoption of Ordinance No. 861, an Ordinance of City Council of the City of Patterson, Levying Special Tax within Community Facilities District No. 2022-01 (Public Safety Services).

Staff Report: Finance Director Ryan
Council: Motion to Approve Second Reading and Adoption of Ordinance No. 861, reading by title only waiving further reading.

9. City Council Reports
A. Councilmember Alves
. Westside Health Care Task Force (Councilmember Parham alternate) B. Councilmember Parham
. (EDAC) Stanislaus County Economic Development Action Committee (Mayor McCord alternate)
. Hazardous Waste Advisory Committee (Mayor McCord alternate) . Stanislaus County Disaster Council (Mayor McCord alternate) C. Mayor Pro Tem Farinha
. Workforce Development Board (Councilmember Alves alternate) D. Councilmember Homen
. Stanislaus Homeless Alliance (City Manager Irwin 1st alternate, Councilmember Alves 2nd alternate)
. San Joaquin Valley Special City Selection Committee (Councilmember Alves alternate)
. Del Puerto Health Care District (Councilmember Alves 1st alternate, Mayor Pro Tem Farinha 2nd alternate)
City of Patterson Page 5 Updated 9/15/2022 4:32 PM
E. Mayor McCord
. Stanislaus County Mayor's Meeting
. StanCOG (Councilmember Homen alternate)
. League of California Cities (Mayor Pro Tem Farinha 1st alternate, Councilmember Homen 2nd alternate)

10. Other Matters

11. Adjournment

DECLARATION OF POSTING
I, Aracely Alegre, City Clerk of the City of Patterson, California do hereby declare that the foregoing notice was posted on the Bulletin Board at City Hall, 1 Plaza, Patterson, California on Sep.15, 2022.

The Agenda is also posted for public view on the Bulletin Boards of the Hammon Senior Center, 1033 W. Las Palmas, Patterson, the Patterson Branch Library, 46 N. Salado Avenue, Patterson, and the City of Patterson City Web Site www.ci.patterson.ca.us Aracely Alegre, City Clerk
City of Patterson
Direct No. (209) 895-8012
Email [email protected]
City of Patterson Page 1 Updated 9/13/2022 9:44 AM
City Of Patterson
Special Meeting/Closed Session Minutes
August 16, 2022
City Manager
Ken Irwin
City Attorney
Nubia Goldstein
Deputy City Attorney
Douglas White www.ci.patterson.ca.us
Mayor
Dennis McCord
City Council
Shivaugn Alves, District A
Alfred Parham, District B
Dominic Farinha, District C
Cynthia Homen, District D
City Clerk
Aracely Alegre

1. Call to Order
Attendee Name Title Status Arrived
Dennis McCord Mayor Present
Shivaugn Alves District A Present
Alfred Parham District B Present
Dominic Farinha District C Present
Cynthia Homen District D Present
The special (Closed Session) meeting of the City Council of the City of Patterson was called to order in the City of Patterson, City Council Chambers, 1 Plaza, Patterson at 6:01 p.m. by Mayor McCord.

City Staff Present:

1. Human Resources Director Gillory-Jones

2. City Attorney Goldstein

3. City Attorney Varinsky

4. City Attorney Brenner
The City Council will adjourn to Closed Session to address the following:
a. Conference with Legal Counsel - Anticipated litigation pursuant to Government Code Section 54956.9(d)(2): 1 case

2. Statements of Conflict
None.

3. Items from the Public
There being no items from the public, the Patterson City Council adjourned to Closed Session.

5.2 Packet Pg. 6
Minutes Acceptance: Minutes of Aug 16, 2022 6:00 PM (Consent Calendar) City of Patterson Page 2 Updated 9/13/2022 9:44 AM

4. Adjourn to Closed Session
At 6:02 p.m. the Patterson City Council adjourned to Closed Session.

5. Report from Closed Session (if any)
There were no reportable items from Closed Session.

6. Adjournment
There being no further business, the special (closed session) meeting of the City Council of the City of Patterson of August 16, 2022 was adjourned at 6:58 p.m.

Approved by the Patterson City Council on September 20, 2022.

5.2 Packet Pg. 7
Minutes Acceptance: Minutes of Aug 16, 2022 6:00 PM (Consent Calendar) City of Patterson Page 1 Updated 9/13/2022 11:33 AM
City Of Patterson
Regular Meeting Minutes
August 16, 2022
City Manager
Ken Irwin
City Attorney
Nubia Goldstein
Deputy City Attorney
Douglas White www.ci.patterson.ca.us
Mayor
Dennis McCord
City Council
Shivaugn Alves, District A
Alfred Parham, District B
Dominic Farinha, District C
Cynthia Homen, District D
City Clerk
Aracely Alegre

1. Call to Order
Attendee Name Title Status Arrived
Dennis McCord Mayor Present
Shivaugn Alves District A Present
Alfred Parham District B Present
Dominic Farinha District C Present
Cynthia Homen District D Present
The regular (hybrid) meeting of the City Council of the City of Patterson of August 16, 2022 was called to order in the City of Patterson at 7:00 p.m. by Mayor McCord.

City Staff Present:

1. Human Resources Director Guillory-Jones

2. City Planner Andrews

3. IT Manager Ford

4. Community Development Director Stice

5. Fire Chief Gregory

6. Finance Director Ryan

7. Police Deputy Dhanota

8. Public Works Director Willett

9. Recreation & Community Services Director Flanders

10. Police Chief Clayton

11. Public Works Analyst Encinas

12. City Clerk Alegre

2. Pledge of Allegiance

3. Statements of Conflict

5.3 Packet Pg. 8
Minutes Acceptance: Minutes of Aug 16, 2022 7:00 PM (Consent Calendar) City of Patterson Page 2 Updated 9/13/2022 11:33 AM
None.

4. Items from the Public
Steven Morrow, Board Member StanRTA - addressed city council to introduced himself. Members of the public may contact him via email at [email protected]

5. Consent Calendar
Dale Torres, Patterson Resident - requested to pull item 5.7 for comment. Mr. Torres addressed State of Emergency and Assistant of Director of Emergency services.

Tim Benefield, Patterson Resident - addressed city council in opposition of AB 361, citing no need for State of Emergency.

Kandace Weyhrauch, Patterson Resident - addressed council regarding the Assistant Director of Emergency services. Also addressed vacancies for the Parks, Recreation & Beautification Commission.

Mayor Pro Tem Farinha motioned to approve Consent Calendar Items 5.1 through 5.9. The motion was seconded by Councilmember Parham and unanimously approved by a 5-0 roll call vote.

RESULT: ADOPTED
MOVER: Farinha
SECONDER: Parham
AYES: McCord, Alves, Parham, Farinha, Homen

5.1. Motion to Waive Readings - All Readings of Ordinances and Resolutions, Except by Title are hereby waived.

5.2. Approve Minutes of Regular Meeting - July 5, 2022 (7:00 PM)

5.3. Approve Minutes of Special Meeting/Closed Session - July 19, 2022 (6:00 PM)

5.4. Approve Minutes of Regular Meeting - July 19, 2022 (7:00 PM)

5.5. Approve City Commission Reports for the Months of June and July 2022 (Parks Recreation & Beautification Commission)

5.6. Approve City Department Reports for the Months of April thru July 2022 (Community Development, Public Works and Recreation & Community Services)

5.7. Resolution No. 2022-55, Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.

5.8. Approve Resolution No. 2022- 56 Approving 5-Year License Agreement between the City of Patterson (City) and Turlock Irrigation District (TID) for the Use and Occupy a Portion of the City Facility Located at 1033 W. Las Palmas Avenue (APN# 021-070-002) for Installation of Electric Vehicle Recharging Stations.

5.9. Approve Bid for Corporation Yard Asphalt Improvements and Authorize Staff to Execute Change Order with United Pavement Maintenance

5.3 Packet Pg. 9
Minutes Acceptance: Minutes of Aug 16, 2022 7:00 PM (Consent Calendar) City of Patterson Page 3 Updated 9/13/2022 11:33 AM

6. Presentation

6.1. Presentation - The S Vision 2032 Transit Plan (Adam Barth, StanRTA CEO) Mr. Barth reviewed his presentation.

Council addressed the following:
- Consideration of work schedules for industrial areas
- Bus stop cleaning maintenance
- Dial a ride services and requests at (209) 527-4900
- Benches not available at every stop
- Members of the public between the ages of 0-18 ride free of charge - Disabled riders need documents to verify disability

7. Public Hearing

7.1. Finance - Adopt Resolution No. 2022-57, Approving the Formation of Patterson Community Facilities District No. 2022-01 (Public Safety Services), Resolution No. 2022-58, Calling the Special Landowner Election, and Resolution No. 2022- 59, Declaring the Results of the Special Election. Motion to Approve First Reading and Introduction of Ordinance No. 861, Reading by Title Only, Waiving Further Reading, An Ordinance of the City Council of the City of Patterson, Levying Special Tax Within Community Facilities
Finance Director Ryan reviewed her report.

At 7:46 p.m. Mayor McCord opened the Public Hearing to public comments.

There were no comments.

Mayor Pro Tem Farinha moved to adopt Resolution No. 2022-57. The motion was seconded by Councilmember Homen and unanimously approved by a 5-0 roll call vote.

Councilmember Parham moved to adopt Resolution No 2022-58. The motion was seconded by Mayor Pro Tem Farinha and unanimously approved by a 5-0 roll call vote.

Mayor Pro Tem Farinha moved to adopt Resolution No. 2022-59. The motion was seconded by Councilmember Parham and unanimously approved by a 5-0 roll call vote.

Councilmember Homen moved to approve First Reading and Introduction of Ordinance No. 861, reading by title only, waiving further reading. The motion was seconded by Councilmember Alves and unanimously approved by a 5-0 roll call vote.

5.3 Packet Pg. 10
Minutes Acceptance: Minutes of Aug 16, 2022 7:00 PM (Consent Calendar) City of Patterson Page 4 Updated 9/13/2022 11:33 AM
RESULT: APPROVED
MOVER: Homen
SECONDER: Alves
AYES: McCord, Alves, Parham, Farinha, Homen

7.2. Planning Department - Adopt the following resolutions and ordinances for the proposed Zacharias & Baldwin Ranch Master Plan (“Master Plan”), which provides a comprehensive development plan for approximately 1,361 acres located outside existing City limits:

Resolution No. 2022-60 to adopt the Master Plan, a General Plan Amendment, and Conditions of Approval for the buildout of the Master Plan; Ordinance No. 862 to prezone the properties located within the Master Plan boundaries to be consistent with the land use desi
Community Development Directory Stice and City Planner Andrews reviewed their report.

Trisha Stevens, MIG Consultant, reviewed her PowerPoint presentation.

City Council addressed the following:
- Footprint of industrial buildings
- Route traversing town from Highway 33 to Rogers Rd
- Collection of maintenance fees
- Right away spacing on Zacharias
- Trees (landscape)
- Lake area, issue for emergency services
- Width of Street lanes
- Lake accessibility
- Pedestrian usage around lake
- Green space/parks for entire project
- Commercial footage including parking
- How is affordable and low-income housing determined?
- Collection of fees
- Industrial facilities to include solar
- Location of industrial facilities obstructing mountain views - School board selects the location of school and proceeds to build - School funding
At 8:47p.m. Mayor McCord opened the Public Hearing to public comments.

Pat Maisetti, Patterson Resident - addressed city council regarding low-income housing and the need for senior housing.

Lilliana Selke, Patterson Irrigation District - addressed city council in opposition of project stating there are flaws with the Environmental Impact Report (EIR) presented to council.

Brian Flynn, Lozeau Drury, LLP, Local Union 1130 - addressed city council in opposition of project. Flaws in Environmental Impact Report (EIR).

Kandace Weyhrauch, Patterson Resident - addressed city council in opposition of project.

5.3 Packet Pg. 11
Minutes Acceptance: Minutes of Aug 16, 2022 7:00 PM (Consent Calendar) City of Patterson Page 5 Updated 9/13/2022 11:33 AM
Yvonne Reynolds, Patterson Resident - addressed city council regarding project.

Jessica Romero, Patterson Resident - addressed city council regarding main street having only two lanes, need to consider future growth.

Joe Hollowell - addressed city council regarding project being long-term not overnight. Also addressed, parks, street widths, housing and water concerns.

At 9:04 p.m. there being no further comments, Mayor McCord closed the item to public comments.

City Council addressed the following:
- Requirements for additional Fire facilities
City Planner Andrews and Fire Chief Gregory addressed council's concerns Mayor Pro Tem Farinha moved to adopt Resolution No. 2022-60. The motion was seconded by Councilmember Homen and unanimously approved by a 5-0 roll call vote.

Councilmember Parham moved to adopt Resolution No. 2022-61. The motion was seconded by Mayor Pro Tem Farinha and unanimously approved by a 5-0 roll call vote.

Councilmember Homen moved to adopt Resolution No. 2022-62. The motion was seconded by Councilmember Parham and unanimously approved by a 5-0 roll call vote.

Mayor Pro Tem Farinha moved to approve First Reading and Introduction of Ordinance No. 862, reading by title only, waiving further reading. The motion was seconded by Councilmember Parham and unanimously approved by a 5-0 roll call vote.

RESULT: APPROVED
MOVER: Farinha
SECONDER: Parham
AYES: McCord, Alves, Parham, Farinha, Homen

8. City Council Reports
A. Appointment/Reappointment of (2) Members to the Patterson Parks, Recreation & Beautification Commission (Terms of May 2022 - 2024

8.A.1. Motion to Appoint/Reappoint (2) Members to the Patterson Parks, Recreation & Beautification Commission for the Term of May 2022 - 2024 (Mayor McCord, Councilmember Parham)
Councilmember Parham reviewed his report.

Councilmember Parham and Mayor McCord recommended to appoint Adolfo Virgen and Renelle Layfield to the Patterson Parks, Recreation & Beautification Commission (Term of May 2022 - 2024).

Councilmember Parham moved to appoint Adolfo Virgin and Renelle Layfield to the Patterson Parks, Recreation & Beautification Commission

5.3 Packet Pg. 12
Minutes Acceptance: Minutes of Aug 16, 2022 7:00 PM (Consent Calendar) City of Patterson Page 6 Updated 9/13/2022 11:33 AM
(Term of May 2022 - 2024). The motion was seconded by Councilmember Alves and unanimously approved by a 5-0 roll call vote.

RESULT: APPROVED
MOVER: Parham
SECONDER: Alves
AYES: McCord, Alves, Parham, Farinha, Homen
B. Councilmember Alves
Nothing to report.
. Westside Health Care Task Force (Councilmember Parham alternate) C. Councilmember Parham
Nothing to report.
. (EDAC) Stanislaus County Economic Development Action Committee (Mayor McCord alternate)
. Hazardous Waste Advisory Committee (Mayor McCord alternate) . Stanislaus County Disaster Council (Mayor McCord alternate) D. Mayor Pro Tem Farinha
Nothing to report.
. Workforce Development Board (Councilmember Alves alternate) E. Councilmember Homen
Nothing to report.
. Stanislaus Homeless Alliance (City Manager Irwin 1st alternate, Councilmember Alves 2nd alternate)
. San Joaquin Valley Special City Selection Committee (Councilmember Alves alternate)
. Del Puerto Health Care District (Councilmember Alves 1st alternate, Mayor Pro Tem Farinha 2nd alternate)
F. Mayor McCord
Nothing to report.
. Stanislaus County Mayor's Meeting
. StanCOG (Councilmember Homen alternate)

5.3 Packet Pg. 13
Minutes Acceptance: Minutes of Aug 16, 2022 7:00 PM (Consent Calendar) City of Patterson Page 7 Updated 9/13/2022 11:33 AM
. League of California Cities (Mayor Pro Tem Farinha 1st alternate, Councilmember Homen 2nd alternate)

9. Other Matters
Councilmember Alves addressed interviewing committees and boards on a rotating basis. Also addressed mental health resources in Patterson.

10. Adjournment
There being no further business, the regular meeting of the City Council of the City of Patterson of August 16, 2022 was adjourned at 9:17 p.m.

Approved by the Patterson City Council on September 20, 2022.

5.3 Packet Pg. 14
Minutes Acceptance: Minutes of Aug 16, 2022 7:00 PM (Consent Calendar) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Aracely Alegre, City Clerk
MEETING DATE: September 20, 2022
ITEM NO: 5.4
SUBJECT: Approve City Commission Reports for the Month of August 2022 (Parks Recreation & Beautification Commission)

RECOMMENDATION
Approve City Commission Reports for the Month of August 2022 (Parks Recreation & Beautification Commission)

5.4 Packet Pg. 15

5.4.a
Packet Pg. 16
Attachment: Parks, Recreation & Beautification Commission Report - August (City Commission Reports August 2022)

5.4.a
Packet Pg. 17
Attachment: Parks, Recreation & Beautification Commission Report - August (City Commission Reports August 2022)

5.4.a
Packet Pg. 18
Attachment: Parks, Recreation & Beautification Commission Report - August (City Commission Reports August 2022)

5.4.a
Packet Pg. 19
Attachment: Parks, Recreation & Beautification Commission Report - August (City Commission Reports August 2022)

5.4.a
Packet Pg. 20
Attachment: Parks, Recreation & Beautification Commission Report - August (City Commission Reports August 2022) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Aracely Alegre, City Clerk
MEETING DATE: September 20, 2022
ITEM NO: 5.5
SUBJECT: Approve City Department Reports for the Months of July thru August 2022 (Planning Department, Public Works and Recreation & Community Services)

RECOMMENDATION
Approve City Department Reports for the Months of July thru August 2022 (Planning Department, Public Works and Recreation & Community Services)

5.5 Packet Pg. 21
July 2022
Community Development Department
Monthly Report
The following information is provided as an update regarding the Planning and Housing Division activities during the month of July and updates for previously approved projects.

Planning Commission Meetings
On July 28, 2022, the Planning Commission met to consider the following items:

1. Vesting Tentative Subdivision Map #22-01, Villages of Patterson, Derbyshire Consideration of a vesting tentative subdivision map encompassing approximately 14.9 acres of land, located south of Olive Avenue and east of the future extension of Logan Way, APNs 047-031-005 and a portion of 047-031-056. The map would result in 90 lots proposed for development of single-family housing, along with streets and other infrastructure facilities.

The project site is located in the Medium Density Residential Zone and is subject to the Villages of Patterson Master Development Plan. The project was previously reviewed in the Villages of Patterson Environmental Impact Report (SCH No. 2006032043) The Planning Commission is advisory to the City Council in this matter. The applicant requested that this item be removed from the agenda. No action was taken.

2. Vesting Tentative Subdivision Map #22-02, Villages of Patterson Warwickshire A public hearing to consider a vesting tentative subdivision map encompassing approximately

27.23 acres of land, roughly bounded by Olive Avenue to the North, the future extension of English Birch Avenue to the south, North First Street to the west and the future extension of Logan Way to the east, APNs 047-031-035 and 047-059-004. The map would result in 147 lots proposed for development of single-family housing, along with streets and other infrastructure facilities. The project site is located in the Medium Density Residential Zone and is subject to the Villages of Patterson Master Development Plan. The project was previously reviewed in the Villages of Patterson Environmental Impact Report (SCH No. 2006032043) The Planning Commission is advisory to the City Council in this matter. The applicant requested that this item be removed from the agenda. No action was taken.

3. Conditional Use Permit #22-02, Architectural & Site Plan Review #22-04 - McDonald’s Drive Through Remodel, 1001 Sperry Avenue, APN # 021-042-003 The project consists of a remodel of the existing McDonald’s restaurant drive through at 1001 Sperry Avenue. The proposed project would remodel the existing drive through to utilize a side-by-side configuration, which opens the drive-through up to two entry points, with two menu board layouts and order points, prior to converting to a single lane for pick up. With the modification to the drive through, the existing trash enclosure would need to be relocated. The new proposed location for the trash enclosure would eliminate a few existing parking stalls.

5.5.a
Packet Pg. 22
Attachment: Community Development Department Monthly Report July 2022 (Monthly Department Reports) Minor additional modifications would also be made to the building to include a third window on the west elevation of the building and an additional 230 square feet of building floor area is proposed on the eastern elevation. The Planning Commission approved this item with a 5-0 vote.

4. Lot Line Adjustment #22-01, 2985 Renzo Lane
A lot line adjustment to redistribute existing property lines between three existing parcels, APNs 021-028-047, -049, and -015, totaling approximately 3.48-acres, at Villa Del Lago. The lots respectively measure 1.04, 0.47, and 1.97-acres before the adjustment. While all parcels are affected by the lot line adjustment, the lot line adjustment effectively removes the 0.47- acre parcel creating two parcels measuring 1.753-acres and 1.726-acres. The Planning Commission approved this item with a 5-0 vote.

The next regularly scheduled meeting will be held on August 25th, 2022 at 7:00 PM.

Master Plan Update
The Transportation Master Plan will be presented to the City Council in the near future.

The Draft Parks and Recreation Master Plan is tentatively scheduled for review by the Parks, Recreation, and Beautification Commission at the July 20th meeting.

Status update for major projects approved during 2022
Architectural & Site Plan Reviews
- Chipotle Restaurant - A&SP #21-10, Sperry Avenue, east of Ward Avenue – Construction underway
- Water Office Restaurant – A&SP #22-01, 22 N. Del Puerto Ave. – Approved - Southern Tire Mart – A&SP #21.09, Conditional Use Permit #21-10, 2275 Sperry Ave. - Approved
Conditional Use Permits
- AT&T Wireless Tower - CUP #20-03, Negative Declaration #21-02, Centennial Park – Pending City Council approval
- Outdoor Event Venue – CUP #21-11, 125 Poppy Avenue – Approved - Joanne’s Daycare – CUP #22-03, 838 Norfolk Avenue - Approved Planned Developments
- Sperry Commercial Park, Phase 2 – PD #21-01, Tentative Parcel Map #22-01, South Rogers Road - Approved

5.5.a
Packet Pg. 23
Attachment: Community Development Department Monthly Report July 2022 (Monthly Department Reports) A&SP Architectural & Site Plan Review RZN General Plan Amendment/Rezone CUP Conditional Use Permit TPM Tentative Parcel Maps
FM Final Map TSM Vesting Tentative Maps
LLA Lot Line Adjustment P/A Prezone/Annexation
PD Planned Development ORD Zoning Ordinances/Amendments VAR Variance
Status update for projects approved in previous years
• Grocery Outlet, A&SP #21-01, CUP #21-02, TPM #21-01, southeast corner of Sperry Avenue and the future extension of Rogers Road, submitted building permit application • Caligrows projects A&SPs #21-03, -04, and -05, CUPs #21-04, -05, -06, business park, withdrawn
• Dutch Bros. Coffee, A&SP #21-02, CUP #21-03, southeast corner of Sperry Avenue and future extension of Rogers Road, approved
• VOP 2.1 LLC Lot 36 housing development, north of Olive Avenue, east of Sycamore, approved
• Popeye’s Restaurant, A&SP #21-07, CUP #21-07, north of Sperry Avenue, east of Park Center Drive, approved
• Oishi Teri Sushi Restaurant, A&SP #21-08, CUP #21-08, north of Sperry Avenue, east of Park Center Drive, submitted building permit application • BHT Properties Auto Storage, A&SP #19-06, CUP #19-06 – On hold • Love’s Travel Center, A&SP #19-07, CUP #19-07, Sperry Avenue and Rogers Road – Construction underway
• S2A Modular, A&SP #20-01, CUP #20-04, TPM #20-01 – Site work underway • Nucleus Homeopathics, Inc., A&SP #20-02, CUP #20-05, 240 Park Center Drive – Approved
• Arambel Business Park Warehouse, A&SP #19-02, Rogers Road – Approved 0 1
2 3
4 5
6 7
8 9
10 A&SP
CUP
FM
LLA
PD
RZN
TPMTSM
P/A
ORD
VAR
Major Projects
Applications previously approved
in 2022
Applications approved in July
Applications in Progress
Complete Applications

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Attachment: Community Development Department Monthly Report July 2022 (Monthly Department Reports) • La Quinta Hotel, A&SP #19-04, CUP #19-04, Sperry Avenue – Submitted building plans, applicant delay
• Harvest Samoan Assembly of God Church, A&SP #19-05, CUP #19-05, 415 N. 1st St. – Approved
• Del Lago Mini Golf and Family Fun Center, CUP #17-05, A&SP #17-04, Annamarie Ave – Approved
• Hamen Truck Wash, A&SP #17-01, CUP #17-02, PD #17-01, east side of Park Center Drive, north of Flying J Travel Center – Nearing completion
• Del Puerto Hospital Project, A&SP #17-03, 821 E Street - Approved • Westside Self Storage Baldwin - A&SP #16-03, PD #16-02, TPM #16-03, DA #16-01, Baldwin Road, Submitted building permit for third phase
• Patterson Logistics Center – PD 09-02, VTPM 09-01, DA 09-01, ND 10-03, A&SP 12-05 – Approved
• McShane Companies A&SP 07-04 (Phase 3) – Approved
Major Subdivisions
Villages of Patterson
• Villages of Patterson Apartments, A&SP #18-02, Olive Avenue – Submitted building permit • Landon Lane Apartments, A&SP #19-03 – Approved
• Self Help Enterprises single family units – second phase under construction • Patterson Ranch – nearing completion
• Clayton Shire – construction underway
• Camden Shire – construction underway
• Triplexes – construction underway
Housing Projects and Programs
• CDBG: Preliminary work on 5th Street Infrastructure project underway. • HOME: City Staff continues to work with First-time Homebuyer Applicants seeking loan approvals.

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Attachment: Community Development Department Monthly Report July 2022 (Monthly Department Reports) August 2022
Community Development Department
Monthly Report
The following information is provided as an update regarding the Planning and Housing Division activities during the month of August and updates for previously approved projects.

Planning Commission Meetings
On August 25, 2022, the Planning Commission met to consider the following items:

1. General Plan Amendment/Rezone #22-01 Rogers Road Retail and Business Park, west of Rogers Road, APN #021-025-028
General Plan Amendment and Rezone to redesignate approximately 59.88 acres of a 101.96- acre lot, located west of Rogers Road between the Delta Mendota Canal and the California Aqueduct, from General Commercial to West Patterson Light Industrial. The site is located within the West Patterson Business Park Expansion Master Development Plan area. No development is proposed as part of this proposal. The Planning Commission recommended approval to the City Council with a 4-0 vote.

2. Lot Line Adjustment #22-02 Buzz Oates and Rogers Road LLC, Sperry Avenue east of Rogers Road
A lot line adjustment between APNs 021-085-027, 021-026-017, and 021-026-043, east of Rogers Road and the Delta Mendota Canal, north of Sperry Avenue. The proposed adjustment would move the lot line 187 feet to the south. Currently, APN 021-085-027 (the northern parcel) totals 37.80 acres. Following the lot line adjustment, the parcel would total 44.79 acres.

The southern parcel would increase from 50.1 acres to 43.15 acres. APN 021-026-017 would include a slight adjustment from a current size of 29.73 acres to 29.69 acres. The proposal is intended to better serve development of these sites. The Planning Commission approved this item with a 4-0 vote.

3. Architectural & Site Plan Review #22-03, Conditional Use Permit #22-04 – Apricot Vet Clinic
Review of an Architectural and Site Plan Review application, Conditional Use Permit application for Apricot Veterinary Clinic to be located south of Sperry Avenue within the Sperry Commercial Park (currently under construction, APN 021-093-007). The application includes a 3,900-square-foot veterinary clinic, along with 25 parking spaces, landscaping, and related improvements. The clinic is expected to operate 8a.m. to 6p.m. Monday to Friday and 10a.m. to 5p.m. on Saturdays with 6 to 8 full-time employees. The project has been reviewed in compliance with CEQA and City staff’s assessment is that the project is consistent with the West Patterson Project’s EIR and addendum (State Clearinghouse No. 2001022031). The Planning Commission approved this item with a 4-0 vote.

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Attachment: Community Development Department Monthly Report August 2022 (Monthly Department Reports)

4. Architectural & Site Plan Review #22-02– Sun Valley Industries #2 Review of an Architectural and Site Plan Review application for the development of two commercial buildings to be located on the eastern side of the Rogers Road extension within the Sperry Commercial Park (currently under construction, APN 021-093-006). The application includes two new buildings along with 37 parking spaces, landscaping, trash enclosure and related improvements. Building “A” would be a 4,800-square-foot 3-tenant retail building, and Building “B” a 3,200-square-foot general office building. The project has been reviewed in compliance with CEQA and City staff’s assessment is that the project is consistent with the West Patterson Project’s EIR and addendum (State Clearinghouse No. 2001022031). The Planning Commission approved this item with a 4-0 vote.

The next regularly scheduled meetings will be held on September 8th and 22nd, 2022 at 7:00 PM.

Master Plan Update
The Transportation Master Plan will be presented to the City Council in the near future.

The Draft Parks and Recreation Master Plan was reviewed by the Parks, Recreation, and Beautification Commission who recommended approval. The Plan will be presented to the Planning Commission for review at the September 8th meeting.

Status update for major projects approved during 2022
Architectural & Site Plan Reviews
- Chipotle Restaurant - A&SP #21-10, Sperry Avenue, east of Ward Avenue – Construction underway
- Water Office Restaurant – A&SP #22-01, 22 N. Del Puerto Ave. – Approved - Southern Tire Mart – A&SP #21.09, Conditional Use Permit #21-10, 2275 Sperry Ave. - Approved
Conditional Use Permits
- AT&T Wireless Tower - CUP #20-03, Negative Declaration #21-02, Centennial Park – Pending City Council approval
- Outdoor Event Venue – CUP #21-11, 125 Poppy Avenue – Approved - Joanne’s Daycare – CUP #22-03, 838 Norfolk Avenue – Approved - McDonald’s Drive Thru Remodel – CUP #22-02, Architectural & Site Plan Review #22- 04, 1001 Sperry Avenue – Approved
Lot Line Adjustments
- 2985 Renzo Lane – LLA #22-01 - Approved
Planned Developments
- Sperry Commercial Park, Phase 2 – PD #21-01, Tentative Parcel Map #22-01, South Rogers Road - Approved

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Attachment: Community Development Department Monthly Report August 2022 (Monthly Department Reports) A&SP Architectural & Site Plan Review RZN General Plan Amendment/Rezone CUP Conditional Use Permit TPM Tentative Parcel Maps
FM Final Map TSM Vesting Tentative Maps
LLA Lot Line Adjustment P/A Prezone/Annexation
PD Planned Development ORD Zoning Ordinances/Amendments VAR Variance
Status update for projects approved in previous years
• Grocery Outlet, A&SP #21-01, CUP #21-02, TPM #21-01, southeast corner of Sperry Avenue and the future extension of Rogers Road, submitted building permit application • Caligrows projects A&SPs #21-03, -04, and -05, CUPs #21-04, -05, -06, business park, withdrawn
• Dutch Bros. Coffee, A&SP #21-02, CUP #21-03, southeast corner of Sperry Avenue and future extension of Rogers Road, approved
• VOP 2.1 LLC Lot 36 housing development, north of Olive Avenue, east of Sycamore, approved
• Popeye’s Restaurant, A&SP #21-07, CUP #21-07, north of Sperry Avenue, east of Park Center Drive, approved
• Oishi Teri Sushi Restaurant, A&SP #21-08, CUP #21-08, north of Sperry Avenue, east of Park Center Drive, submitted building permit application • BHT Properties Auto Storage, A&SP #19-06, CUP #19-06 – On hold • Love’s Travel Center, A&SP #19-07, CUP #19-07, Sperry Avenue and Rogers Road – Construction underway
• S2A Modular, A&SP #20-01, CUP #20-04, TPM #20-01 – Site work underway • Nucleus Homeopathics, Inc., A&SP #20-02, CUP #20-05, 240 Park Center Drive – Approved

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Attachment: Community Development Department Monthly Report August 2022 (Monthly Department Reports) • Arambel Business Park Warehouse, A&SP #19-02, Rogers Road – Approved • La Quinta Hotel, A&SP #19-04, CUP #19-04, Sperry Avenue – Submitted building plans, applicant delay
• Harvest Samoan Assembly of God Church, A&SP #19-05, CUP #19-05, 415 N. 1st St. – Approved
• Del Lago Mini Golf and Family Fun Center, CUP #17-05, A&SP #17-04, Annamarie Ave – Approved
• Hamen Truck Wash, A&SP #17-01, CUP #17-02, PD #17-01, east side of Park Center Drive, north of Flying J Travel Center – Nearing completion
• Del Puerto Hospital Project, A&SP #17-03, 821 E Street - Approved • Westside Self Storage Baldwin - A&SP #16-03, PD #16-02, TPM #16-03, DA #16-01, Baldwin Road, Submitted building permit for third phase
• Patterson Logistics Center – PD 09-02, VTPM 09-01, DA 09-01, ND 10-03, A&SP 12-05 – Approved
• McShane Companies A&SP 07-04 (Phase 3) – Approved
Major Subdivisions
Villages of Patterson
• Villages of Patterson Apartments, A&SP #18-02, Olive Avenue – Submitted building permit • Landon Lane Apartments, A&SP #19-03 – Approved
• Self Help Enterprises single family units – second phase under construction • Patterson Ranch – nearing completion
• Clayton Shire – construction underway
• Camden Shire – construction underway
• Triplexes – construction underway
Housing Projects and Programs
• CDBG: Preliminary work on 5th Street Infrastructure project underway. • HOME: City Staff continues to work with First-time Homebuyer Applicants seeking loan approvals.

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Attachment: Community Development Department Monthly Report August 2022 (Monthly Department Reports) 1 DEPARTMENT OF PUBLIC WORKS
“Public Works – Improving Your Quality of Life”

MONTHLY STAFF REPORT
August 2022
Administration & Environmental Compliance Division
 The formal SRF loan agreement was approved and has been fully executed for the WQCF LEED Administration Building Project. The bids were opened and the contract has been awarded to BOBO Construction. The project is currently under construction soon. The city completed the required first site inspection with the State Water Resources Control Board on July 27, 2022. This site inspection was held virtually.  The City has applied for SRF Loan funding for a City water meter system replacement project.

The project would replace older water meters in the City to help with water system revenue losses and improve overall utility system management. The bid package has been finalized and the project has gone out to bid. Engineering will be awarding a contract soon.  Staff has been working with Willdan Consulting on updating several City facility, Parks and Recreation impact fees. Staff has met with the consultant and the Parks & Recreation Master Plan consultant during October to go over the costs associated with parks/recreational facilities. The impact fee study is very close to complete and staff will be presenting the item to Council for approval of new proposed fees in October 2022. This process will involve stakeholders meetings.
 Staff has been working closely with Planning, Recreation/Community Services, and Engineering on the new Parks Master Plan update. Community Outreach has been in progress for over two months through attendance at community events, surveys have been collected via the City’s social media, website, and other avenues. Once the plan is complete, staff will present this item to Council for approval soon. The master plan was presented to the Parks, Recreation and Beautification Commission on July 27, 2022.  Staff working on completing a streetlight survey city-wide in an effort to repair any lights that are not working. The goal is to be proactive to help increase public safety throughout the community.
 Staff is working along other departments and City Attorney’s office to update the City’s municipal code. This will provide more updated codes to help the City comply with many state/federal regulations and provide more enforceable code of law that would allow everyone in the community to live and work safely, productively and in compliance with all environmental laws.
 Staff is working on Public Outreach & Education programs that addresses Water Conservation, Recycling, Stormwater Pollution Prevention, and FOG. Currently the City has a Water Conservation Booth at the end of every month to help promote Cash for Grass, Toilet Retrofit, and plumbing retrofits to help the community conserve water. In addition, staff promotes these programs through community events. The upcoming Back to School Block Party will provide the city with another opportunity to educate the community on the various environmental programs. This event is scheduled for Saturday, August 5th at the High School stadium.

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Attachment: Public Works Department Monthly Report August 2022 (Monthly Department Reports) 2 Grant Writing & Administration
 South Park Per Capita Grant: Staff is working with California Consulting and applied for a per Capita Grant, Statewide Parks Program (SPP) grant. The SPP grant application was due in December 2021. Staff has submitted all documents necessary for this grant application.  SB 1383 Local Assistance Grant: Awarded $33,872 to help fund additional staff. Staff will be working on SB 1383 compliance tasks.
 SB 1383 Ordinance was completed. The 1st Reading and Introduction of the new ordinance was completed on November 16th. The 2nd Reading was completed December 7th.

Implementation of the new ordinance to begin by January 2022. Staff is completing compliance review of all commercial organizations in town that meet the threshold for mandatory recycling, any commercial organization that is not in compliance with the state recycling mandate will be auto-enrolled in the city’s recycling program in 2022.  Shred-it/Community Yard Sale event for the community is scheduled for November 5th at the City’s community center parking lot located on W. Las Palmas/Ward Avenue.

F.O.G (Fats, Oils, & Grease) Program
The city currently has two Public Works inspectors conducting FOG inspections. FOG inspections are being performed on a regular basis to ensure compliance.

Storm Water Pollution Prevention Program
 The city is currently partnering with 23 other Phase II agencies to address the State orders received to comply with the CV Pyrethroid TMDL and Baseline stormwater quality monitoring requirements. This new requirement is looking at the affects of pyrethroid pesticides that enter the waterways through the storm drainage systems/stormwater runoff. This requirement can have a significant financial impact to Phase I and II Cities and would require that they perform toxicity/pyrethroid testing/monitoring and water/sediments four times per year. The Phase II Cities are already participating and paying their fair share of the Delta Regional Monitoring Program that is managed by the State. The city has partnered with several Cities/Agencies to hire a consultant to help develop a monitoring plan that would be submitted to the State by 2020/21. The partners have joined efforts to contract out with a consultant to assist with the implementation of the Pyrethroids Management Program. A total of 20 agencies have agreed to participate in this effort. The first kickoff meeting is scheduled for 11/4/21. The City of Patterson is taking the lead on this effort and will be a key player on managing this project.
 On April 7, 2015, the State Water Board adopted an Amendment to the Water Quality Control Plan for Ocean Waters of California (Ocean Plan) to Control Trash and Part 1 Trash Provision of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries (ISWEBE Plan). Together, they are collectively referred to as 'the Trash Amendments'. The project objective for the Trash Amendments is to provide statewide consistency for the Water Boards' regulatory approach to protect aquatic life and public

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Attachment: Public Works Department Monthly Report August 2022 (Monthly Department Reports) 3 health beneficial uses, and reduce environmental issues associated with trash in state waters, while focusing limited resources on high trash generating areas. The State has adopted Trash Policy Amendments which will require all Stormwater Phase II MS4 Cities must comply with. Staff will be working closely with Engineering and storm drainage consultant firm to begin working on tabletop exercises and Cost estimates so that the city is prepared for implementation of the most cost-efficient option. The city received a letter requesting selection of our preferred option as well as submit a jurisdictional map showing the land use priority areas:

1. Track 1: Install, operate and maintain full capture systems in storm drains that capture runoff from the priority land uses;

2. Track 2: Implement a plan with any combination of treatment controls, institutional controls, and/or multi-benefit projects within the jurisdiction of the MS4 permitted.

Demonstrate full capture system equivalency. Expectation is to install capture systems to the extent not cost-prohibitive.

Staff has submitted their Track (Track 1) option and Preliminary Jurisdictional Map to the State via the SMARTS electronic system and has up to 10 years to implement their trash devices in the areas identified in their plan/map.

An RFP was put out to request proposals for consulting services to assist the city with implementation and design of the City’s trash capturing unit. Two proposals were obtained and are currently under review. A contract will be awarded to Stantec Consulting during April to begin the first phase of this project. The city has hired Stantec (Storm Drainage Consultant) to assist with the implementation plan, design, and to consult with the State regarding this item. A Technical Memo has been submitted to the State during the month of November 2020 and the City is working with the hired consultant to finalize the options. This is a phased project, but the goal is to get this project designed and ready to go out for construction. The city will be seeking a Prop 1 grant once the project is shovel ready.  A new Phase II Stormwater Permit is in progress at the State level. Once it is adopted, it will be implemented. Currently the permit is being held up due to the COVID-19 emergency. In the meantime, the city must comply with everything that is in the current permit. It is anticipated that the new permit will be implemented in 2022. Under this new permit, the school districts will be brought in and will be required to have their own stormwater programs.
 The new Construction General permit for construction activities disturbing one or more acres of dirt during construction will be released during this year. Once the permit is released, staff will attend trainings to obtain information on all the changes. The release of the permit is taking longer due to the COVID-19 situation. It is anticipated that the permit will be released in 2022.
 The city is completing the Pyrethroids Management Plan. On June 8, 2017, the Central Valley Regional Water Quality Control Board (Regional Water Board) adopted Resolution R5-2017- 0057, the Basin Plan Amendment (BPA) for the Control of Pyrethroid Pesticide Discharges.1 The BPA was subsequently approved by the State Water Resources Control Board on July 10, 2018 and the Office of Administrative Law (OAL) on February 19, 2019. The United States Environmental Protection Agency (USEPA) approved the Pyrethroid Total Maximum Daily Loads (TMDLs) for the nine urban creeks in Sacramento and Roseville on April 22, 2019. With these approvals, the TMDLs and BPA became fully approved and effective.

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Attachment: Public Works Department Monthly Report August 2022 (Monthly Department Reports) 4 The BPA established a Pyrethroids Control Program that includes a variety of actions including, but not limited to:
• Monitoring requirements to assess baseline conditions, as well as continued trend monitoring.
• A conditional prohibition for pyrethroid discharges in exceedance of numeric triggers for Sacramento and San Joaquin River Basin water bodies with the aquatic life beneficial uses.
o If the numeric triggers are exceeded, the conditional prohibition requires the development and submittal of a Pyrethroid Management Plan (Management Plan) to reduce pyrethroid levels in discharges to the maximum extent practicable.

All Phase II Cities are subject to the conditional prohibition and are not subject to the TMDL required to provide baseline monitoring to the Regional Water Board. However, municipalities regulated pursuant to the Phase II Municipal Separate Storm Sewer System (MS4) permit Phase II Permit may, as an alternative, acknowledge that the existing data are representative of their discharge and forego baseline monitoring and develop a Management Plan. As such, a Management Plan is being finalized on behalf of the City of Patterson, as required for all Phase II permittees. The plan along with a Pyrethroids Management Policy was submitted to the State on August 19, 2021. The city is working with other agencies to implement this program and comply with this requirement. Ongoing meetings are being held on a regular basis. A total of 20 cities are partnering to comply with Pyrethroids management requirements.  These are the main projects which Public Works and Engineering are focusing on. These projects include:
o Staff continues to work with Engineering to develop the City’s Track 1 Trash Implementation Plan to comply with the State’s Trash Policy requirements. The plan was submitted to the State on December 2018 and the City has 10 years from this date to complete the implementation of their full trash capture plan. Design funds were approved in the FY 19/20 budget. Proposals for design were received and a consultant agreement is currently in progress. The kickoff meeting was held and the project is currently in progress. The city will be submitting their implementation plan and full trash capture device option(s) to the State. Once approved, staff will work on the next phases of this project which includes preliminary projects design/bid plans.

The city will be exploring Prop 1 grant opportunities for this project. o WQCF Administration LEED Building. This project has been awarded for construction. o WM-1B (Kinshire) Waterline Replacement Project. Project was awarded and is currently under construction.
o Ward Avenue Sewer Lift Station Rehabilitation Project. This project is currently in design.

Water Division & Water Conservation Program
The State Water Resources Control Board has rescinded the mandatory conservation standards that have been in place since 2015. The reporting requirements and prohibitions on water waste

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Attachment: Public Works Department Monthly Report August 2022 (Monthly Department Reports) 5 will remain. The current prohibitions against wasteful water use practices include outdoor watering during or within 48 hours after a rain event; hosing down a sidewalk instead of using a broom or a brush; and overwatering a landscape to where water is running off onto the sidewalk or into the gutter.

August 2022 Water Production
Well Production
2 16,198,000
4- NP 6,179,000
5 45,495,000
6 0
7 0
8 6,606,504
9 33,889,000
11 46,250,000
KeystoneNP 18,000
FloragoldNP 22,400,700
TOTAL 177,036,204
Number of Follow-ups: 7
Number of Warning/Violations: 111
Number of Penalties: 1
Water Service Connection Requests: 71
Water Service Connection Turnoffs: 48
Water Work Orders: 57
Committees & Commission
Parks & Recreation and Beautification Commission:
 The commission did not meet due to a lack of quorum. The next regular meeting will be scheduled for Sept. 21, 2022.

Safety (JEMSAC) Committee: The committee held it’s monthly meeting on August 11, 2022.

Permits Issued
Encroachment Permits, Fire Hydrant Use Permits, Other Permits Issued by Public Works:
 Encroachment Permit = 5
 Fire Hydrant Use Permits = 1
 Livescan = 0

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Attachment: Public Works Department Monthly Report August 2022 (Monthly Department Reports) 6 Streets/Collections Division
Work Orders: Streets/Sidewalks = 17 Alleys/Garbage = 0 Collections = 1 Seasonal Tasks:
 Storm drain maintenance.
 Repaired potholes throughout the city.
 Performed sewer maintenance.
 Performed sidewalk repairs.
 Cleared homeless encampment of debris.

Electrical Division
Work Orders: Streetlights = 22
Seasonal Tasks this Month:
 Repaired streetlights throughout the city.
 Reviewed Electrical/SCADA plans for Engineering.
 Continued upgrades at the WQCF.

Urban Forestry Division
Work Orders: Urban Forestry: 71
Seasonal Tasks this Month:
 Performed tree maintenance.
 Addressed requests for service.

Parks, Landscape & Building Maintenance Divisions
Park Reservations: All parks are currently closed to reservations and are on a first come first serve basis.

Work Orders: Building Maintenance: 1 Parks: 13
Seasonal Tasks & Projects:
 Continued maintenance of all parks and easements.
 Focused on maintenance pruning in LMDs.
 Performed routine maintenance at City Hall.

Fleet Services Division
Number of PW equipment repaired/serviced: 46 Public Works, Recreation and Community Service vehicles and 3 Fire vehicles.

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Attachment: Public Works Department Monthly Report August 2022 (Monthly Department Reports) 7 Water Quality Control Facility (WQCF)

MONTHLY FLOWS AND AVERAGES - AUGUST 2022
AUGUST 2022 INFLUENT SPOD* NPOD* AIPS

TOTAL FLOW,
MG/ month

54.076 29.234 24.719 0.000
AVG FLOW, MGD 1.744 .943 .797 .000
HIGH FLOW, MGD 1.897 1.137 .828 .000
LOW FLOW, MGD 1.593 .792 .738 .000
Total Capacity,
MGD

2.25 1.25 .800 .200
* SPOD- South Plant Oxidation Ditch (new)                * NPOD- North Plant Oxidation Ditch (old) Alarms/Call-Outs:

Alarms =  253
Call-Outs =5
Seasonal Tasks:

1. AIPS shut down for service.

1. Process control under adjustment for current weather conditions.

2. Continue Annual PM work.

3. Washer compactor back on line.

4. North plant aerator #2 fixed back on line.

LABORATORY RESULTS
AUGUST 2022
Avg.

BOD5 TSS TDS pH EC NO3-N TKN TN-N Na Cal
Influent 230 80 * 7.22 * * * * * *
Effluent. 4.6 2.7 1200 7.34 1850 .41 1.2 1.6 220 330
* Not required

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Attachment: Public Works Department Monthly Report August 2022 (Monthly Department Reports) 1 Recreation & Community Services Department
Monthly Staff Report
August 2022
Youth Sports August 2022
Patterson’s Junior Giants program wrapped up at the beginning of August. The program had 12 volunteer coaches teach 271 kids the basic skills of baseball while developing life skills, such as confidence, integrity, and leadership.

Patterson’s Smart Start Soccer has ended and taught 38 three to five-year-old children basic motor skills needed to play soccer.

Patterson Recreational Youth Soccer has started strong with 220 participants between the ages of 5-13 and 19 volunteer coaches. This program focuses on teaching skills appropriate for the child’s development within a fun and safe environment.

Aquatics Department:

The Aquatics Department kicked off the summer season on June 18th and ended on August 12th. During that time, we were able to serve many participants of the Patterson community, below are the highlights:

Swim Lessons: 578 Lessons
Family Swim: 6,787 visits
Dive-in movie: 166
Lap swim: 133 visits
Water Fitness: 142 participants
Swim Team: 47 participants
Jr. Guard: 8 participants
Pool rentals: 4
Concession stands: 4,605 items sold
Overall, the season was successful, and the department will continue to serve the public for Fall operations which include Family Swim, Water Aerobics, Swim Lessons, and Lap swimming.

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Attachment: Recreation & Community Services Department Monthly Report August 2022 (Monthly Department Reports) 2 Hammon Senior Center
With the end of summer and students returning to school, the Hammon Senior Center has seen a general uptick in attendance during the month. Typically, numbers increase until the holidays and then start to rise again after the new year begins. Some of the highlights for the month included both pool and dominoes tournaments, the return of the lunch bunch and new computer classes.

Activities:

Health & Wellness:
• The Sit ‘N Be Fit Basic class had 104
participants over the past month, averaging
almost 12 per
class.
• The Sit ‘N Be Fit Intermediate class had 64
participants for the month. (51 in July).
• Cumbiamba Gold, continued to get older adults
active and moving, with 36 participants for the month.
• Workout Wednesdays saw a slight increase with 37
participants for the month.
• The Walking Group continued to see reduced numbers. An alternate being looked into is having this event occur indoors. • Line Dancing has seen a slight increase in attendance for the month.
• Zumba Gold numbers continued to increase with an average of nine students per class.
• Enhance Fitness ended their 16-week class with a celebration for the program graduates!
Resources:
• The Commodities program had another strong month with 66 in attendance. The previous month, only 52 people participated in this program.
• During August, 419 people received meals at the HSC congregate meal site. This was an average of over 18 people per day and a 36 percent increase over the previous month. • The Green Bag program, which provides fresh fruit and vegetables monthly had 27 participants in August (as opposed to 28 in July).
• Blood Pressure Screening stayed right at about average with 20 people participating in August.

Arts & Crafts:
• For the most part, crafts took a hiatus during the summer months. However, there were a few offerings during August.
• Social Sewing continued with six attendees for the month. • One session of Fabric Plates was offered, and four students attended.

Social:
• Emphasis was placed on Loteria attendance and numbers increased from 24 in July to 48 in August.
• Bingo stayed consistent with 36 participants (35 in July) in August.

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Attachment: Recreation & Community Services Department Monthly Report August 2022 (Monthly Department Reports) 3 • Billiards not only had a successful tournament (12 participants), but also had 216 attendees over the month.
• Dominoes numbers also increased with 10 participants in the tournament and 37 players throughout the month.
• Table tennis (20 participants) and Wii Bowling (16) are gradually growing and getting back to pre-pandemic numbers.

Educational:
• This area, especially the language classes, really saw an uptick in attendance. • The Basic Spanish class saw an increase in attendance from 10 in July to 27 in August! • The Conversational English class increased from 11 participants in July to 31 in August. • Basic Computing had the maximum of six students in the one session that was offered. • The monthly gardening class was held with the topic being Butterflies in Your Garden. This class, courtesy of the Stanislaus County Master Gardener program, had four in attendance.

An Internet Seminar class was offered with five in attendance.

Farm to Fork Fundraiser Dinner – For Youth Scholarships.

Staff and volunteers have been working for the past few months planning the annual Farm to Fork Fundraising Dinner, scheduled for Saturday, September 10th in the Downtown Circle. Greens on 10th, Redwood Café, and local chefs are preparing a wonderful social hour and dinner. We are excited to share that we sold out tickets this year and we are looking forward to a great financial support for our youth scholarship program.

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Attachment: Recreation & Community Services Department Monthly Report August 2022 (Monthly Department Reports) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Nubia Goldstein, City Attorney
MEETING DATE: September 20, 2022
ITEM NO: 5.6
SUBJECT: Adopt Resolution No. 2022-67, Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.

RECOMMENDATION
Motion to Adopt Resolution No. 2022-67, Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.

BACKGROUND
On September 16, 2021, Governor Newsom signed Assembly Bill (“AB”) 361 which allows cities to continue to meet remotely during proclaimed states of emergency under modified Ralph M. Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Orders temporarily suspending provisions of the Brown Act. On September 20, 2021, Governor Newsom signed Executive Order N-15-21 to suspend AB 361 until October 1, 2021. Over the past year, meetings of the City’s legislative bodies have been held with virtual teleconference components.

AB 361, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act when a local legislative body holds a meeting during a declared state of emergency by the governor and when state or local health officials have imposed or recommended measures to promote social distancing.

REASONS FOR RECOMMENDATION

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On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.

As the Delta variant has surged in California, the Legislature has taken action to extend the COVID-19 exceptions to the Brown Act’s teleconference requirements, subject to some additional safeguards. AB 361 allows a local agency to use teleconferencing without complying with the Brown Act provisions in any of the following circumstances:
• The local legislative body holds a meeting during a proclaimed state of emergency by the governor, and state or local officials have imposed or recommended measures to promote social distancing.
• The local legislative body holds a meeting during a proclaimed state of emergency by the governor for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
• The local legislative body holds a meeting during a proclaimed state of emergency by the governor and has determined, by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

A local agency that holds a meeting under these circumstances would be required by AB 361 to do all of the following, in addition to giving notice of the meeting and posting agendas as required under the Brown act. These additional requirements are intended to protect the public’s right to participate in the meetings of local agency legislative bodies.

Pursuant to AB 361 local agencies are required to do all of the following in addition to meeting notice requirements under the Brown Act:
• Allow the public to access the meeting and require that the agenda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act’s other teleconferencing provisions.
• In each instance when the local agency provides notice of the teleconferenced meeting or posts its agenda, give notice for how the public can access the meeting and provide public comment.
• Identify and include in the agenda an opportunity for all persons to attend via a call-in or an internet-based service option; the legislative body need not provide a physical location for the public to attend or provide comments.
• Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public.
• Stop the meeting until public access is restored in the event of a service disruption that either prevents the local agency from broadcasting the meeting to the public using the call-in or internet-based service option or is within the local agency’s control and

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prevents the public from submitting public comments (any actions taken during such a service disruption can be challenged under the Brown Act’s existing challenge provisions).
• Not require comments be submitted in advance (though the legislative body may provide that as an option) and provide the opportunity to comment in real time. • Provide adequate time for public comment, either by establishing a timed public comment period or by allowing a reasonable amount of time to comment. • If the legislative body uses a third-party website or platform to host the teleconference, and the third-party service requires users to register to participate, the legislative body must provide adequate time during the comment period for users to register and may not close the registration comment period until the comment period has elapsed.

AB 361 also provides that if a local agency conducts teleconference meetings in reliance on AB 361, the local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules:
•The legislative body has reconsidered the circumstances of the emergency; and • Either of the following circumstances exists: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.

The goal of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options” consistent with Executive Order N-29-20. AB 361 contains an urgency clause which became effective upon signing with a sunset of January 1, 2024. However, shortly after signing AB 361, Governor Newsom signed Executive Order N-15-21 to suspend AB 361 until October 1, 2021.

FISCAL IMPACTS
There is no fiscal impact.

ENVIRONMENTAL:

Authorizing Teleconference Public Meetings is not a “project” under the California Environmental Quality Control Act. (Pub. Resources Code, § 21065.)

ALTERNATIVE ACTIONS

1. Adopt Resolution No. 2022-67;

2. Continue the item for later consideration of the City Council with direction to staff for additional analysis; or

3. Reject Resolution No. 2022-67

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{CW108806.1}
RESOLUTION NO. 2022-67

A RESOLUTION OF THE CITY OF PATTERSON CITY COUNCIL

PROCLAIMING A LOCAL EMERGENCY AND AUTHORIZING

REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE

BODIES OF THE CITY OF PATTERSON PURSUANT TO ASSEMBLY
BILL 361 AND BROWN ACT PROVISIONS
WHEREAS, the City Council of the City of Patterson (the “City”) is committed to preserving public access and participation in meetings of the legislative bodies of the City; and
WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Gov. Code, §§ 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill (“AB”) 361, amending Government Code section 54953, subdivision (e) to allow for remote teleconferencing participation in meetings by members of a legislative body without compliance with the requirements of Government Code section 54953, subdivision (b)(3), subject to the existence of certain conditions; and WHEREAS, a required condition for remote teleconferencing participation in meetings by members of a legislative body is that a state of emergency is declared by the Governor, pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological, or human-caused disasters; and
WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing or the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, such conditions now exist in the City, specifically, on March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; despite sustained efforts, the virus continues to spread and is impacting nearly all sectors of California; and

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Attachment: Resolution No. 2022-67 AB361 (11th Approval Aug. 16, 2022) Initial Approval Oct. 19, 2021 (Resolution No. 2022-67 AB 361 Zoom {CW108806.1}
WHEREAS, there has been a significant increase in COVID-19 cases in Stanislaus County due primarily to the Omicron variant of SARS-CoV-2, the virus that causes COVID-19. Emerging evidence indicates that the Omicron variant is far more transmissible than prior variants of the virus, may cause more severe illness, and can be spread by fully vaccinated individuals; and
WHEREAS, as a consequence of the declared emergency, the City Council does hereby find that the legislative body of the City shall conduct their meetings without compliance with Government Code section 54953, subdivision (b)(3), as authorized by Section 54953, subdivision (e), and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in Section 54953, subdivision (e)(2); and
WHEREAS, pursuant to Government Code section 54953, subdivision (e)(3), in order to continue to teleconference without compliance with Government Code section 54953, subdivision (b)(3), the City Council shall, not later than 30 days after teleconferencing for the first time pursuant to this Resolution, and every 30 days thereafter, make the following findings by majority vote: The legislative body has reconsidered the circumstances of the state of emergency and any of the following conditions exist: (1) the state of emergency continues to directly impact the ability of the members to meet safely in person or (2) state or local officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, the City reserves the option to hold in-person meetings, consistent with local health officer directives, or to continue a practice of remote meetings that still allow multiple options for public participation.

NOW, THEREFORE, THE CITY OF COUNCIL OF THE CITY OF
PATTERSON DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Proclamation of Local Emergency. The City Council hereby proclaims that a local emergency exists throughout the City, and that the legislative body meeting in person could present imminent risks to the health and safety of attendees due to the prevalence of COVID-19 in Stanislaus County and the state, such that the City reserves the right to continue virtual meetings or conduct in-person meetings, consistent with local health guidance or duly issued orders.

Section 3. Remote Teleconference Meetings. The legislative body and designees of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public

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Attachment: Resolution No. 2022-67 AB361 (11th Approval Aug. 16, 2022) Initial Approval Oct. 19, 2021 (Resolution No. 2022-67 AB 361 Zoom {CW108806.1}
meetings in accordance with Government Code section 54953, subdivision (e), and other applicable provisions of the Brown Act.

Section 4. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) November 18, 2021, or (ii) such time the City Council makes a subsequent finding by majority vote in accordance with Government Code section 54953, subdivision (e)(3), to extend the time during which the legislative bodies of the City may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

PASSED AND ADOPTED by the City Council of the City of Patterson at a meeting of said City Council held on the 20th day of September 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

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Attachment: Resolution No. 2022-67 AB361 (11th Approval Aug. 16, 2022) Initial Approval Oct. 19, 2021 (Resolution No. 2022-67 AB 361 Zoom {CW108806.1}
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 20th day of September 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

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Attachment: Resolution No. 2022-67 AB361 (11th Approval Aug. 16, 2022) Initial Approval Oct. 19, 2021 (Resolution No. 2022-67 AB 361 Zoom City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Juliene Flanders, Recreation & Community Services Director MEETING DATE: September 20, 2022
ITEM NO: 5.7
SUBJECT: Approve Street Closure Request for Patterson High School Homecoming Parade Friday, October 7, 2022.

RECOMMENDATION
Motion to Approve Street Closure Request for Patterson High School Homecoming Parade Friday, October 7, 2022.

BACKGROUND
Attached is a letter from Patterson High School requesting the City Council approve parade route and police escorts for the annual Homecoming Parade on Friday, October 7, 2022. Attached is a map of the parade route. Street closures around the Circle will be required by Public Works and Parks Staff during the time of the Parade, approximately 11:00 am -1:15 pm.

Parade Route
Begin in front of PHS (7th St side)
Left on Las Palmas
Down Las Palmas to Circle
Follow Traffic Circle back to Las Palmas
Right on Las Palmas
Right on 7th Street

ANALYSIS
The Event Coordinator has complied with submitting the following information:
• Letter of Request

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• Special Event Packet
• Site Street Closure Map
Event Insurance

FISCAL IMPACT
None at this time, staff time for Police and Public Works can be managed during regular hours.

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Attachment: Homecoming Application 2022 (PHS Homecoming Parade Street Closure 2022)

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Attachment: Homecoming Application 2022 (PHS Homecoming Parade Street Closure 2022)

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Attachment: Homecoming Application 2022 (PHS Homecoming Parade Street Closure 2022)

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Attachment: Homecoming Application 2022 (PHS Homecoming Parade Street Closure 2022)

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Attachment: Homecoming Application 2022 (PHS Homecoming Parade Street Closure 2022)

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Attachment: Homecoming Application 2022 (PHS Homecoming Parade Street Closure 2022)

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Attachment: Homecoming Application 2022 (PHS Homecoming Parade Street Closure 2022)

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Attachment: Homecoming Application 2022 (PHS Homecoming Parade Street Closure 2022)

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Attachment: Homecoming Application 2022 (PHS Homecoming Parade Street Closure 2022)

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Attachment: Homecoming Application 2022 (PHS Homecoming Parade Street Closure 2022)

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Attachment: Homecoming Application 2022 (PHS Homecoming Parade Street Closure 2022)

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Attachment: Homecoming Application 2022 (PHS Homecoming Parade Street Closure 2022)

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Attachment: Homecoming Application 2022 (PHS Homecoming Parade Street Closure 2022)

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Attachment: Homecoming Application 2022 (PHS Homecoming Parade Street Closure 2022)

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Attachment: Homecoming Application 2022 (PHS Homecoming Parade Street Closure 2022)

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Attachment: Homecoming Application 2022 (PHS Homecoming Parade Street Closure 2022)

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Attachment: Homecoming Application 2022 (PHS Homecoming Parade Street Closure 2022)

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Attachment: Homecoming Application 2022 (PHS Homecoming Parade Street Closure 2022) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Juliene Flanders, Recreation & Community Services Director MEETING DATE: September 20, 2022
ITEM NO: 5.8
SUBJECT: Approve Street Closure for Santa Claus is Coming to Town Event and Parade on Saturday, December 2, 2022.

RECOMMENDATION
Motion to Approve Street Closure for Santa Claus is Coming to Town Event and Parade on Saturday, December 2, 2022.

BACKGROUND
Saturday, December 3, 2022
3:00 pm - 8:30 pm
Street Closures during Event:
· Las Palmas Ave., Between North and South Parks, from Hwy. 33 to Plaza · S. Salado from the alley to Plaza
· Plaza to the alley of North Del Puerto
· Plaza to the alley of North Third
· Plaza to the alley of North Salado
· Plaza to the alley of W. Las Palmas
· Plaza to the alley of South Third
· Plaza to the alley of South Salado
· S. Del Puerto to El Circulo
Please refer to the attached map.

Street Closures for Parade
3:00 pm - 8:30 pm

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• E Street at 9th to 7th Street - for Float Staging
Float Staging
• F Street to 5th St., 6th & 7th to E St. to 9th St.

Parade
• El Circulo at the intersection of F St., S. Del Puerto Ave. and 4th Street.

ANALYSIS
The Chamber of Commerce has complied with submitting the following information:

Applicants Responsibilities
• Insurance and Endorsement - Pending an updated insurance form • Special Event Application - attached
• Site Street Closure Map - attached
• Post No Parking Signs
• Send out Street Closure Notification one week prior - list provided City’s Responsibilities
· Manage street closures including staff and barricades · Move totters from North Park to South Park
· Assist with setting up Christmas trees in South Park
· Coordinate City staff and resources
· Prepare staff report

FISCAL IMPACT
This event is a co-sponsored event and will be an In-Kind contribution, from the City of Patterson: funded through the City Promotion Event fund Account - 100-120-6607.

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Attachment: 2022 Parade Application (Street Closure for Santa Claus Parade 2022)

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Attachment: 2022 Parade Application (Street Closure for Santa Claus Parade 2022)

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Attachment: 2022 Parade Application (Street Closure for Santa Claus Parade 2022)

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Attachment: 2022 Parade Application (Street Closure for Santa Claus Parade 2022)

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Attachment: 2022 Parade Application (Street Closure for Santa Claus Parade 2022)

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Attachment: 2022 Parade Application (Street Closure for Santa Claus Parade 2022)

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Attachment: 2022 Parade Application (Street Closure for Santa Claus Parade 2022)

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Attachment: 2022 Parade Application (Street Closure for Santa Claus Parade 2022)

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Attachment: 2022 Parade Application (Street Closure for Santa Claus Parade 2022)

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Attachment: 2022 Parade Application (Street Closure for Santa Claus Parade 2022)

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Attachment: 2022 Parade Application (Street Closure for Santa Claus Parade 2022)

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Attachment: 2022 Parade Application (Street Closure for Santa Claus Parade 2022)

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Attachment: 2022 Parade Application (Street Closure for Santa Claus Parade 2022)

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Attachment: Christams Parade Poster (Street Closure for Santa Claus Parade 2022) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Fernando Ulloa, City Engineer
MEETING DATE: September 20, 2022
ITEM NO: 5.9
SUBJECT: Approve Resolution No. 2022-63 Accepting the Public Improvements for Villages of Patterson, Clayton Shire Phase 1 as Complete; Authorizing the City Clerk to File the Notice of Completion; and Begin the One-Year Warranty.

RECOMMENDATION
Motion to Approve Resolution No. 2022-63 Accepting the Public Improvements for Villages of Patterson, Clayton Shire Phase 1 as Complete; Authorizing the City Clerk to File the Notice of Completion; and Begin the One-Year Warranty.

BACKGROUND
On December 12, 2006 City Council of the City of Patterson adopted a resolution 2006-122 conditionally improving the tentative map for Villages of Patterson subdivision. On February 5, 2019 the City Council authorized City Manager to enter into a Subdivision Improvement Agreement and to receive a Final Map of Patterson Ranch Development located in VOP Master Development Area.

The City Council approved the development of Villages of Patterson, Clayton Shire Phase 1 and 2 (98) residential lots located at (APN# 047-035-003). The developer, VOP 2.1 LLC hired Ross F. Carroll Inc. and their sub-contractors to construct the project. Villages of Patterson, Clayton Shire Phase 1 (41 lots) Onsite improvements has been completed and the developer has complied with all Conditions of Approval and is requesting to be placed on the City Council agenda for acceptance of all Public Improvements. The developer is still working on Offsite improvements on Sycamore Avenue, Walnut Avenue, Storm Drain Basin and Phase 2 onsite improvements that will be brought to City Council for acceptance at later date.

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ANALYSIS
The City’s Engineer(s) and Public Works staff have performed the necessary inspections on all the onsite public improvements and certify that the developer has met all requirements for the general improvements and onsite operations. A notice of completion and a resolution are attached for Council’s approval.

The developer has constructed new streets Honeysuckle Avenue, Ashbury Lane, Barnby Lane and part of the Melford Drive, Bedfordshire Drive & Oakwood Lane with new sidewalks, sound wall, curb & gutter, streetlights, water system, sewer system and storm system utilities etc.

Boundary maps (Exhibit A) are attached for reference purposes. A resolution has been prepared and attached to accept the public improvements and to begin the one-year warranty period. The Notice of Completion and the Agreement will need to be recorded by the City Clerk.

The City has collected the Warranty Bond/Payment for the Public Improvements.

FISCAL IMPACT
There is no budget impact associated with this item. The developer has paid all costs associated with these items and posted the required warranty bonds/check with the City Clerk.

Attachments: Resolution No. 2022-63
Notice of Completion
Exhibit A

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1 1
2 RESOLUTION NO. 2022-63
3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON, 5 ACCEPTING THE ON-SITE WORK AS COMPLETE, AUTHORIZING STAFF TO FILE 6 THE NOTICE OF COMPLETION FOR THE PUBLIC IMPROVEMENTS FOR 7 VILLAGES OF PATTERSON CLAYTON SHIRE PHASE 1
8 WHEREAS, the Developer/Owner, “VOP 2.1 LLC.”, and the Contractor, “Ross F 9 Carroll Inc.” have completed all the public improvements for the Villages of Patterson 10 Clayton Shire Phase 1 in accordance to the contract requirements and plans and 11 specifications; and
12 WHEREAS, the Engineering and Public Works Department have inspected the 13 work and recommended that the project be accepted as complete. 14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 15 Patterson that it hereby accepts the project as complete, directs the City Clerk of the 16 City of Patterson to file the Notice of Completion and commence the Warranty Period 17 for the Villages of Patterson Clayton Shire Phase 1. 18 The foregoing resolution was passed by the City Council at a regular meeting held on the 20th 19 day of September 2022, by ________________, who moved its 20 adoption, which motion was duly seconded by __________________, and the 21 resolution adopted by the following roll call vote:
22 AYES:
23 NOES:
24 EXCUSED:
25 26
27 28
29 30
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Attachment: Resolution No. 2022-63 - Clayton Shire Phase 1 (Resolution No. 2022-63 Clayton Shire Phase 1) 2 1 APPROVED:
2 3
4 5
6 7 Dennis McCord
8 Mayor of the City of Patterson
9 10 ATTEST:
11 12
13 14 __________________________________________
15 Aracely Alegre
16 City Clerk of the City of Patterson
17 18
19 20
21 22
23 24 I hereby certify that the foregoing is a full, correct and true copy of a resolution 25 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 20th 26 day of 27 September 2022, and I further certify that said resolution is in full force and effect and 28 has never been rescinded or modified.
29 DATED:
30 5.9.a
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Attachment: Resolution No. 2022-63 - Clayton Shire Phase 1 (Resolution No. 2022-63 Clayton Shire Phase 1) 3 1 ____________________________ 2 City Clerk of the City of Patterson 345

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Attachment: Resolution No. 2022-63 - Clayton Shire Phase 1 (Resolution No. 2022-63 Clayton Shire Phase 1) Recording Requested By:

CITY OF PATTERSON
When Recorded Mail To:

City Clerk’s Office
City of Patterson
P.O. Box 667
Patterson, CA 95363
SPACE ABOVE THIS LINE FOR RECORDER’S USE

CITY OF PATTERSON

NOTICE OF COMPLETION
(Resolution Attached)
Notice is hereby given that:

1. The undersigned is a representative of the owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the owner is the City of Patterson.

3. The full address of the owner is 1 Plaza, Patterson, CA 95363.

4. The nature of the title of the owner is In Fee.

5. A work of improvement on the property hereinafter described was completed on (September 20, 2022)

6. The name of the contractor, for such work of improvement was (Ross F Carroll Inc.)

7. The nature of the work of improvement was (Subdivision Infrastructure Improvements Clayton Shire Phase 1)

8. The property on which said work of improvement was completed is in the city of Patterson, County of Stanislaus, State of California, and is described as follows: New streets, sound wall, sidewalks, curb & gutter, streetlights, water system, sewer system and storm system utilities etc.

9. The street address of said property is on APN# 047-035-003 and located on Sycamore Ave & Walnut Ave.

I, Fernando Ulloa, declare under penalty of perjury, under the laws of the State of California that the foregoing is true and correct.

Signing on behalf of City of Patterson
Dated: ____________ By
Fernando Ulloa, City Engineer
VERIFICATION:

I, _______________________________________, the undersigned, declare under penalty, under the laws of the State of California that I am the owner, or agent to the owner, of the interest or estate in the property described in the above notice; that I have read the notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.

Executed on ________________________, at Patterson, California. (date)
Signing on behalf of City of Patterson
Fernando Ulloa, City Engineer, City of Patterson

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Attachment: Notice Of Completion - Clayton Shire Ph - 1 (Resolution No. 2022-63 Clayton Shire Phase 1)

SYCAMORE AVENUE

WALNUT AVENUE

OAKWOOD
LANE 14 11 6 2 15 10 7 3 16 9 8 4
34 35
36 37
38 39
40 41
33 32
31 30
29 28 13 12 5 1
24 25
26 61 23 20 21 22 LOT "A" 171819
27REMAINDER MILLWOOD DRIVE SYCAMORE AVENUE (26 - S - 8) GDR ENGINEERING, Inc.

SWEETWOOD
LANE 1 2 3 4 WILDING RANCH - UNIT 1 (41 - M - 61) 80 81 82 83 84 85 WILDING RANCH - UNIT 1 (41 - M - 61)

HONEYSUCKLE AVENUE

BARNBY LANE
ASHBURY LANE MELFORD DRIVE BEDFORDSHIRE DRIVE 9.32 GROSS ACRES SEE SHEET 2 OF 3 8.96 NET ACRES 5.9.c
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Attachment: Exhibit A (Resolution No. 2022-63 Clayton Shire Phase 1) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Fernando Ulloa, City Engineer
MEETING DATE: September 20, 2022
ITEM NO: 5.10
SUBJECT: Approve Request for the Road Closure of Baldwin Road from Sperry Avenue to Azalea Drive from September 26, 2022 to November 4, 2022 to complete Offsite Utility and Road Construction activities required for the Baldwin Ranch Subdivision.

RECOMMENDATION
Motion to Approve Request for the Road Closure of Baldwin Road from Sperry Avenue to Azalea Drive from September 26, 2022 to November 4, 2022 to complete Offsite Utility and Road Construction activities required for the Baldwin Ranch Subdivision.

BACKGROUND
Staff received a request from the contractor for authorization to close Baldwin Road from Sperry Avenue to Azalea Drive from September 26, 2022, to November 4, 2022 to perform the necessary offsite improvements. The road closure is being requested to allow the utility and road construction improvements to be done without the interruption to general public. The full road closure will expedite construction as well as safety to both the contractor and the public. The contractor will be required to provide adequate notification (at least 48 hours in advance) to all of the affected parties prior to this closure. Detour options will be provided to the public with proper signage. The contractor provided a Traffic Detour plan that has been reviewed and approved by the City Engineer. City corporation yard access will be provided though the newly constructed streets in the subdivision.

ANALYSIS
This closure will minimize the overall duration of road closures and the safety of the general public and contractor.

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FISCAL IMPACT
There is no fiscal impact associated with this item. All costs are being paid by the developer.

ATTACHMENTS
Exhibit A - Traffic Control Map

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Traffic Control Plans
Utility Access, Repairs & Improvements
Baldwin Road & Sperry Avenue
Road Closure
City Of Patterson, CA
SERVICE   SALES   RENTAL
916 - 920 - 3304
ATSSA

SAFER ROADS SAVE LIVES
FOUR (4') FOOT MINIMUM CLEAR PATHWAY
EXCLUSIVE OF CHANNELIZERS. PATHWAY
SURFACE SHALL BE LEVEL AND NOT HAVE A
SLOPE GREATER THAN 12 : 1 NOR A CROSS
SLOPE GREATER THAN 2%. THE SURFACE OF THE
PATH SHALL BE FIRM, STABLE AND SLIP
RESISTANT. THE PATHWAY SHALL BE
CONSTRUCTED OF CONCRETE, ASPHALT, NON
SLIP PLYWOOD, NON­SLIP STEEL PLATE OR
EQUIVLANT. SURFACE DISCONTINUITIES SHALL
NOT EXCEED ONE­HALF (1/2") INCH MAXIMUM.

PEDESTRIANS WILL BE ESCORTED THROUGH
AND/OR AROUND WORK AREA BY
CONTRACTOR IN A SAFE MANNER.

PEDESTRIAN MITIGATION - (WORKING HOURS)

PEDESTRIAN MITIGTION - (NON-WORKING HOURS)

1.    Maintain a full and clear open lane ten (10'+) foot minimum during construction hours. Keep access for emergency vehicles, public services, regional transit, business and residents maintained at all times. All lanes shall be open during non­working hours.

2.     Sign spacing and tapers based on 25 MPH = 100', 35 MPH = 250', 45 MPH = 350'­500'; Refer to and use CA/MUTCD 03/31/2021, REV6, CALTRANS standard plans manual as a minimum standard and be in compliance with local City/County/State requirements. Remove or cover conflicting signs.

3.     Must always monitor and maintain traffic control zones at all times. All temporary traffic control devices shall not block or impair hydrants and/or driveways/bus stops.

4.     All signage and channelizers to be visible to approaching motorists for a minimum of 1000'.

NIGHT WORK: All signage and channelizers to be night visible retroreflective to approaching motorists for a minimum of 1000' feet. Signage is to be flagged and/or lighted. Signs shall be designed and commercially manufactured in accordance with the most recent Caltrans standard specifications and the CA/MUTCD.

5.     The location of the signs shown on this illustration are guidelines and actual locations will depend upon alignment (curves), grade (hills), location of street intersections and 85th percentile / posted speed limits / prima facie. Temporary traffic control signage to be removed or covered during non­working hours.

Field adjust as needed by the trained traffic control supervisor and/or controlling authority                .

6.     All open excavations during non­working hours are to be secured with a non­skid steel plate, fenced and/or backfilled. Shoulders to have a 4:1 slope.

Place bump (W8­1), steel plate ahead (W8­24) and/or open trench (C27) as needed, required or directed.

7.     Post tow away­no stopping signs with dates and/or times seventy­ two (72) hours prior to the start of work. Remove or reduce control zone when the work area no longer affects that area of the roadway.

8.     Pedestrian Mitigation: TC28/29 and with section 12­2 of the County/City Standards Construction Specifications and in a fashion where as they do not traverse private property or are directed into travel way. Each project shall be reviewed to ensure that complete, safe, useable and accessible paths­of­travel are maintained at all times during construction. Written permission is required to access private property

9.     Flagger to be competent, trained and qualified per Cal Osha/Caltrans regulations. Flaggers to maintain visual and/or radio contact at all times. Each flagger shall be illuminated by a light plant during hours of darkness.

10.   Notify and coordinate with city / county / state traffic engineer when any work is preformed within two hundred feet (200') of any signalized intersection.

11.   Notify police departments, fire departments, public services, regional transit, business and/or residents prior to any shoulder closure, lane closure and/or road closure.

12.   No construction equipment allowed in the buffer zone and/or the transition area at any time.

13.   Advance warning signage shall be sizes 48" x 48", on orange background with black lettering.

14.   Channeling devices, individual spacing and taper lengths are based on the appropriate measurements respective to the chart (see chart A listed within these plans).

General Notes
TCP # BAL1
Daryll  Hughes        408 ­ 639 ­ 4884        [email protected] EMERGENCY CONTACT:

NOTE : When two 10' (ft) Lanes cannot be maintained in all directions or when work area affects a crossing street use single or multiple flaggers with W20­1, W20­4,C9A & W3­4. Signage spacing see CHART A in all directions from the work area. Flaggers to be competent, trained and qualified per Cal Osha/Caltrans regulations.Flaggers maintain visual and/or radio contact at all times.

NIGHT WORK : Each flagger shall be illuminated by a light plant during the hours of darkness.

FLAGGING ALTERNATE (T13/TA10)....

See Chart A See Chart A See Chart A See Chart A
ROAD
WORK
AHEAD
W20­1
ONE LANE
ROAD
AHEAD
W20­4 C9A
STOP
BE

PREPARED
TO STOP
W3­4
Speed
MPH
Sign
Spacing
Merging Taper
10'­11'­12'
Shifting Taper
10'­11'­12'
Taper L
Fourmula
Shoulder Taper
10'­11'­12'
Buffer
Space Taper Conflict
25       100'       105'­115'­125'       53'­58'­63'            35'­39'42'         155'       25'    12' 30       250'       150'­165'­180'       75'­83'­90'            50'­55'­60'        200'      30'     15' 35       250'       205'­225'­245'     103'­113'­123'        69'­75'­82'        250'      35'        17' 40    250'­350'   267'­294'­320'   134'­147'­160'        89'­98'­107'       305'      40'         20' 45    350'­500'  450'­495'­540'    225'­248'­270'     150'­165'­180'      360'      45'         22' 50       500'       500'­550'­600'    250'­275'­300'     167'­184'­200'      425'      50'         25' 55       500'       550'­605'­660'    275'­303'­330'     184'­202'­220'      495'      50'         25' Cone Spacing
L = WS
60 2
L = WS 60 480'­720' 600'­660'­720' 300'­330'­360' 200'­220'­240' 570' 60' 30' 65 1850' 650'­715'­780' 325'­358'­390' 217'­238'­260' 645' 65' 32' 70 2000' 700'­770'­840' 350'­385'­420' 233'­257'­280' 730' 70' 35' L=Taper Length
S=Speed
W=width (offset width of path of travel)
Cones shown on the templates are
for illustrations purposes only. Exact
number of cones required shall be
based on actual field conditions, ect....

Both are based on85th percentile or if not available,
then use the posted speed limit
CHART A CA/MUTCD(Table 6C­1,2,3&4) Based Upon 10'­11'­12' Ofsets. Adjust If Different Prepared By
Steve Nelson
A­T­S­S­A
#620272
Exp. 2­12­2023
T r e n c h &
T r a f f i c Supp l y
Teichert Construction
24207 Country Road 100A
Davis Ca, 95616
Tel: 530­406­4200    Fax: 530­406­4299
EMERGENCY CONTACT:

Vanessa Villaneva           209­670­9587            [email protected]

5.10.a
Packet Pg. 92
Attachment: Exhibit A (Road Closure Baldwin Road)
Signal Shall Be Placed In Flashing
Red Mode, Timer And/Or
Flaggers As Needed, Required Or
Directed By CA.

Calvinson Pkwy
Sperry Avenue
Design Speed 45MPH
OP ST
Baldwin Road
Design Speed 35MPH
100'
ROAD
WORK
AHEAD
W20­1
Marble Road
100'
Azalea Drive

OP ST OP ST
STOP
Work Area Work Area
Park Center Drive
Valley Ranch Parkway
100' 100'
ROAD
CLOSED
AHEAD
W20­3
ROAD
CLOSED
AHEAD
W20­3
ROAD
CLOSED
AHEAD
W20­3
DETOUR
M4­10L
DETOUR
M4­10R

OUR DET
10R ­ M4
DETOUR
M4­10L
M4­10L
ROAD
CLOSED
R11­2
DETOUR
250' 250'
ROAD
CLOSED
AHEAD
W20­3
DETOUR
AHEAD
W20­2
ONLY
ROAD
WORK
AHEAD
W20­1
250'
R3­2
250'
ROAD
WORK
AHEAD
W20­1
DETOUR
SC3
R3­2 SC3
DETOUR
ROAD
CLOSED
M4­10R
R11­2
ROAD
CLOSED
R11­2
ROAD
CLOSED
R11­2
ROAD
CLOSED
R11­2
ROAD
CLOSED
AHEAD
W20­3
DETOUR
AHEAD
W20­2
100'
100'
ROAD
WORK
AHEAD
W20­1
100'
ROAD
WORK
AHEAD
W20­1
100'
ROAD
WORK
AHEAD
W20­1 100'
ROAD
WORK
AHEAD
W20­1 100'
American Eagle Ave
ROAD
WORK
AHEAD
W20­1 100'
ROAD
WORK
AHEAD
W20­1
100'
DETOUR
M4­10R ROAD CLOSED
TO
THRU TRAFFIC
R11­4
DETOUR
M4­10R
DETOUR
M4­10L
LANE
CLOSED
C30
RIGHT LANE
MUST
TURN RIGHT
R3­7r
DETOUR
M4­10R ROAD CLOSED
TO
THRU TRAFFIC
R11­4
All Residents & Businesses
Shall Be Notified 72 Hours
Minimum In Advance To Closure.

Dirt Road Only
City Workers Only. M4­10R
DETOUR
Baldwin
Road
DETOUR
SC3
R3­1 SC3
DETOUR
M4­10R
Road is not open to public
DETOUR
M4­10R ROAD CLOSED
TO
THRU TRAFFIC
R11­4
LOCAL TRAFFIC ONLY
TRAFFIC CONTROL PLAN #. Contractor.

Agency.

Location.

START DATE:

TIME:

DURATION:

DWG: Road Closure
DATE:                              9/2/2022
DRAWING NOT TO SCALE
Legend
+/­ Cones
Sign Symbol
Type 3 Barricade
Work Area
Manifest
9 x W20­1 Road Work Ahead
8 x +/­ Cones
7 x M4­10R Detour Right
5 x R11­2 Road Closed
5 x W20­3 Road Closed Ahead
3 x M4­10L Detour Left
3 x R11­4 Road Closed To Thru Traffic
2 x R3­2 No Left Turn
2 x SC3 Detour Straight
2 x W20­2 Detour Ahead
1 x C30 Lane Closed
1 x M4­10R DETOUR ­ RIGHT
1 x R3­1 No Right Turn
1 x R3­5 right only
1 x R3­7r Right Lane Must Turn
EMERGENCY CONTACT:

TCP # BAL3
ATSSA

SAFER ROADS SAVE LIVES
Teichert Construction
City Of Patterson
N
Use With TCP #BAL1, General Notes
And Legend, At All Times.

BAL3
SERVICE   SALES   RENTAL
916 - 920 - 3304
Baldwin Road
Prepared By
Steve Nelson
A­T­S­S­A
#620272
Exp. 2­12­2023
T r e n c h &
T r a f f i c Supp l y
Speed
MPH
Sign
Spacing
Merging Taper
10'­11'­12'
Shifting Taper
10'­11'­12'
Taper L
Fourmula
Shoulder Taper
10'­11'­12'
Buffer
Space Taper Conflict
25       100'       105'­115'­125'       53'­58'­63'            35'­39'42'         155'       25'    12' 30       250'       150'­165'­180'       75'­83'­90'            50'­55'­60'        200'      30'     15' 35       250'       205'­225'­245'     103'­113'­123'        69'­75'­82'        250'      35'        17' 40    250'­350'   267'­294'­320'   134'­147'­160'        89'­98'­107'       305'      40'         20' 45    350'­500'  450'­495'­540'    225'­248'­270'     150'­165'­180'      360'      45'         22' 50       500'       500'­550'­600'    250'­275'­300'     167'­184'­200'      425'      50'         25' 55       500'       550'­605'­660'    275'­303'­330'     184'­202'­220'      495'      50'         25' Cone Spacing
L = WS
60 2
L = WS 60 480'­720' 600'­660'­720' 300'­330'­360' 200'­220'­240' 570' 60' 30' 65 1850' 650'­715'­780' 325'­358'­390' 217'­238'­260' 645' 65' 32' 70 2000' 700'­770'­840' 350'­385'­420' 233'­257'­280' 730' 70' 35' L=Taper Length
S=Speed
W=width (offset width of path of travel)
Cones shown on the templates are
for illustrations purposes only. Exact
number of cones required shall be
based on actual field conditions, ect....

Both are based on85th percentile or if not available,
then use the posted speed limit
CHART A CA/MUTCD(Table 6C­1,2,3&4) Based Upon 10'­11'­12' Ofsets. Adjust If Different Maintain Access To All Residents, Businesses, Pedestrians And Emergency Vehicles At All Times.

Remove Or Reduce Control
Zone When Work Area No Longer
Affects That Area Of The Roadway
NOTICE:

Teichert Construction
24207 Country Road 100A
Davis Ca, 95616
Tel: 530­406­4200    Fax: 530­406­4299
Road Closure W/Detours (TA­20)mod
Utility Access & Road Improvements
Pedestrian Control (TA­28/TA­29)
Baldwin Road
Job/P.O. # _____________.

WORK AREA
FLAGGED PEDESTRIAN CONTROL
Pedestrian monitor shall stop pedestrian(s) until
pedestrian path has been re­established. maximum
length of delay shall not exceed two (2) minutes.

No pedestrians shall be directed into travel way
Wait For
Escort
S1
Wait For
Escort
S1
PEDESTRIAN MITIGATION
WORKING HOURS
______ AM to ______ PM
11637.00
(FLAG AS NEEDED OR DIRECTED)
­­OPTIONAL
NOTE: Use single or multiple flaggers
with C9A & W3­4 signage spaced at
(See Chart A) in all directions from work
area in addition to the plan to slow or
stop traffic. flaggers to be competent,
trained and qualified per Cal/Osha
regulations. Flaggers to maintain visual
and/or radio contact at all times. Signal
shall be placed in flashing RED mode.

C9A
STOP
BE

PREPARED
TO STOP
W3­4
STOP
ENGINEERS DISCLAIMER: THIS PLAN IS A DRAFT FOR IMPLEMENTATION AT THE DIRECTION OF OTHERS. IT WAS PREPARED IN CONFORMANCE WITH TRAFFIC CONTROL STANDARDS ESTABLISHED BY MUTCD & LOCAL AUTHORITIES.

FEILD ADJUSTMENTS MAY BE REQUIRED BY LOCALIZED AND/OR TEMPORARY TRAFFIC CONDITIONS. PREPARER ASSUMES NO LIABILITY FOR ANY ACCIDENT, INJURY OR DEATH OCCURING FROM THE USE OF THIS PLAN UNLESS SITE SPECIFIC SERVICES ARE PROVIDED.

Vanessa Villaneva           209­670­9587            [email protected] CMS
Board
(Optional)
CMS Changeable Message Board
Post And Select Wording As Needed, Required
Or Directed By Controlling Authority
Road
Closed
Ahead
Date
To
Date
Use
Detour
Route

5.10.a
Packet Pg. 93
Attachment: Exhibit A (Road Closure Baldwin Road)
City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Fernando Ulloa, City Engineer
MEETING DATE: September 20, 2022
ITEM NO: 5.11
SUBJECT: Approve Resolution No. 2022-65, Accepting as complete the Kinshire Water Replacement and Street FDR Phase-1A Project, and Authorizing Staff to File the Notice of Completion and Commence the One-Year Warranty Period.

RECOMMENDATION
Motion to Approve Resolution No. 2022-65, Accepting as complete the Kinshire Water Replacement and Street FDR Phase-1A Project, and Authorizing Staff to File the Notice of Completion and Commence the One-Year Warranty Period.

BACKGROUND
The Kinshire Waterline Replacement and Street Full Depth Reconstruction (FDR) Project Phase1A takes place in the area bounded by Sperry Avenue to the north, Poppy Avenue to the south, Clover Avenue to the west, and Del Puerto Avenue to the east.

ANALYSIS
The purpose of the project was to replace aging infrastructure. Natural pipe deterioration caused failure to the existing subsurface and asphalt pavement. The project scope included replacing all water mains and water service lines for the area. This project included installing water main, services (existing meters remained in place and utilized), full-depth reconstruction of the existing neighborhood streets, upgrading pedestrian crosswalk ramps to meet the American with Disabilities Act (ADA) Standards, and replacing any curb/gutter and sidewalk that did not allow proper gutter slope to drain effectively.

The City received a request from the Contractor, United Pavement Maintenance, Inc., to be

5.11 Packet Pg. 94
placed on the City Council agenda for acceptance of the Kinshire Water Replacement and Street FDR Phase-1A Project: bounded by Sperry Avenue to the north, Poppy Avenue to the south, Clover Avenue to the west, and Del Puerto Avenue to the east. The total cost for construction was $3,358,561.94. City personnel including members of Engineering and Public Works, as well as the Contractor, have conducted a final inspection and the project is ready for Council acceptance.

FISCAL IMPACT
There is no fiscal impact associated with accepting this project as complete.

5.11 Packet Pg. 95
1 1 RESOLUTION NO. 2022-65
2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON, 4 ACCEPTING THE KINSHIRE WATER REPLACEMENT AND STREET FDR PHASE 5 IA: BOUNDED BY SPERRY AVE TO THE NORTH, POPPY AVE TO THE SOUTH, 6 CLOVER AVE TO THE WEST, AND DEL PUERTO AVENUE TO THE EAST 7 PROJECT AS COMPLETE, AUTHORIZING STAFF TO FILE THE NOTICE OF 8 COMPLETION
9 10 WHEREAS, the Contractor, “United Pavement Maintenance, Inc.,” has 11 completed all work for the Kinshire Waterline Replacement and Street (FDR) Phase IA:
12 bounded by Sperry Avenue to the north, Poppy Avenue to the south, Clover Avenue to 13 the west, and Del Puerto Avenue canal to the east Project in accordance with the 14 contract requirements and plans and specifications; and 15 WHEREAS, the City has inspected the work and recommends that the project be 16 accepted as complete.
17 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 18 Patterson that it hereby accepts the project as complete, directs the City Clerk of the 19 City of Patterson to file the Notice of Completion on behalf of the City of Patterson and 20 release the Final Retention Payment for the project. 21 The foregoing resolution was passed by the City Council at a regular meeting 22 held on September 20, 2022, by ___________________who moved its adoption, which 23 motion was duly seconded by ________________, and the resolution adopted by the 24 following roll call vote:
25 AYES:
26 NOES:
27 EXCUSED:
28 29
30 31
32 5.11.a
Packet Pg. 96
Attachment: Resolution No. 2022-65 Notice Of Completion Kinshire Water Replacement (Resolution No. 2022-65 NOC Kinshire Phase 1 - Water 2 1 APPROVED:
2 3
4 5 Dennis McCord
6 Mayor of the City of Patterson
7 8
9 ATTEST:
10 11
12 __________________________________________
13 Aracely Alegre
14 City Clerk of the City of Patterson
15 16
17 18
19 20
21 I hereby certify that the foregoing is a full, correct and true copy of a resolution 22 passed by the City Council of the City of Patterson, a Municipal Corporation of the 23 County of Stanislaus, State of California, at a regular meeting held on the 20th day of 24 September 2022, and I further certify that said resolution is in full force and effect and 25 has never been rescinded or modified.
26 DATED:
27 28 ___________________________________
29 City Clerk of the City of Patterson

5.11.a
Packet Pg. 97
Attachment: Resolution No. 2022-65 Notice Of Completion Kinshire Water Replacement (Resolution No. 2022-65 NOC Kinshire Phase 1 - Water Recording Requested By:

CITY OF PATTERSON
When Recorded Mail To:

City Clerk’s Office
City of Patterson
P.O. Box 667
Patterson, CA 95363
SPACE ABOVE THIS LINE FOR RECORDER’S USE

CITY OF PATTERSON

NOTICE OF COMPLETION
(Resolution Attached)
Notice is hereby given that:

1. The undersigned is a representative of the owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the owner is the City of Patterson.

3. The full address of the owner is 1 Plaza, Patterson, CA 95363.

4. The nature of the title of the owner is In Fee.

5. A work of improvement on the property hereinafter described was completed on September 20, 2022

6. The name of the contractor, for such work of improvement was United Pavement Maintenance, Inc.

7. The nature of the work of improvement was Kinshire Water Replacement and Street FDR Phase IA

8. The property on which said work of improvement was completed is in the city of Patterson, County of Stanislaus, State of California, and is described as follows: installs water main services, full-depth _ reconstruction of the existing neighborhood streets, replacement of curb/gutters and sidewalk for proper drainage, and upgrading pedestrian crosswalk ramps to meet ADA standards.

9. The property for the Kinshire Project bounded by Sperry Avenue to the north, Poppy Avenue to the south, Clover Avenue to the west, and Del Puerto Avenue to the east.

I, Fernando Ulloa, declare under penalty of perjury, under the laws of the State of California that the foregoing is true and correct.

Signing on behalf of City of Patterson
Dated: ____________ By
Fernando Ulloa, City Engineer
VERIFICATION:

I, Fernando Ulloa , the undersigned, declare under penalty, under the laws of the State of California that I am the owner, or agent to the owner, of the interest or estate in the property described in the above notice; that I have read the notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.

Executed on _____________________, at Patterson, California. (date)
Signing on behalf of City of Patterson
Fernando Ulloa, City Engineer, City of Patterson

5.11.b
Packet Pg. 98
Attachment: Notice of Completion (Resolution No. 2022-65 NOC Kinshire Phase 1 - Water and Street Improvements) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Fernando Ulloa, City Engineer
MEETING DATE: September 20, 2022
ITEM NO: 5.12
SUBJECT: Approve Resolution No. 2022-66, Approving the State Department of Transportation (Caltrans) Program Supplemental Agreement No. F037 for the Sperry Avenue Pavement Overlay - Phase 2 Project STPL-5244 (041), from American Eagle Avenue to Ward Avenue, and Authorize the City Manager to Execute the Agreement and all Future Documents for this Project on the City’s Behalf.

RECOMMENDATION
Motion to Approve Resolution No. 2022-66, Approving the State Department of Transportation (Caltrans) Program Supplemental Agreement No. F037 for the Sperry Avenue Pavement Overlay - Phase 2 Project STPL-5244 (041), from American Eagle Avenue to Ward Avenue, and Authorize the City Manager to Execute the Agreement and all Future Documents for this Project on the City’s Behalf.

BACKGROUND
The City of Patterson has been approved to receive $534,361of funding through the Surface Transportation Block Grant Program for the Sperry Avenue Pavement Overlay - Phase 2 Project STPL-5244 (041), from American Eagle Avenue to Ward Avenue. This project consists of an overlay and road reconstruction with dig outs as needed along Sperry Avenue between American Eagle Avenue and Ward Avenue in the City of Patterson. The road segment where construction will occur spans approximately half a mile. The road functions as a Minor Arterial road, allowing a main route through the City for residents and the transportation of goods. Prior to the overlay, any pavement surface with severe conditions will be excavated and reconstructed with aggregate base and asphalt concrete. In addition, all crosswalks within the project area will be reconstructed to meet the most current Americans with Disabilities Act (ADA) Standards. This is an effort to maintaining and improving roadway safety within the City of Patterson. All

5.12 Packet Pg. 99
improvements are located within the City of Patterson right-of-way.

However, in order to receive funds from Caltrans, the City Council must authorize an official to execute a Program Supplemental Agreement. This agreement sets forth the requirements for use of the Federal funds. Caltrans requires that this type of agreement be executed for each project by the agency receiving the funds. Once the agreement is signed, Caltrans will issue an “Authorization to Proceed” which allows the City to proceed with the work for the project.

ANALYSIS
Attached for your review and approval are the Program Supplemental Agreement and the Resolution that will need to be approved by the City Council. If approved, the City Manager would execute the agreement and submit it along with the resolution to Caltrans.

FISCAL IMPACT
This item does not carry any fiscal impacts with it. Each phase of work will be brought before the Council at a later date with a clear financial breakdown and request for contract approval.

5.12 Packet Pg. 100
1 1
2 RESOLUTION NO. 2022-66
3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON, 5 APPROVING THE STATE DEPARTMENT OF TRANSPORTATION (CALTRANS) 6 PROGRAM SUPPLEMENTAL AGREEMENT NO. F037 SPERRY AVENUE: FROM 7 AMERICAN EAGLE AVENUE TO WARD AVENUE OVERLAY, PHASE 2 PROJECT, 8 FEDERAL PROJECT NUMBER STPL-5244(041), AND AUTHORIZING THE CITY 9 MANAGER TO EXECUTE THE AGREEMENT AND ALL FUTURE DOCUMENTS FOR 10 THIS PROJECT ON THE CITY’S BEHALF
11 WHEREAS, the City of Patterson has been approved to receive $534,361 of 12 funding through the Surface Transportation Block Grant Program (STBGP) for the Sperry 13 Avenue: from American Eagle Avenue to Ward Avenue Overlay, Phase 2 Project. 14 WHEREAS, this new roadway surface is a part of a continuing effort to maintain 15 and improve roadway safety within the City of Patterson ; and 16 WHEREAS, in order to receive funds from Caltrans, the City Council must 17 authorize an official to execute a Program Supplemental Agreement. This agreement 18 sets forth the requirements for use of the Federal funds. Caltrans requires that this type 19 of agreement be executed for each project by the agency receiving the funds; and 20 WHEREAS, once the agreement is signed, Caltrans will issue an “Authorization 21 to Proceed” which allows the City to proceed with the work for the project. 22 WHEREAS, this item does not carry any fiscal impacts with it. The total federal 23 funding for the project is $534,361. Each phase of work will be brought before the 24 Council at a later date with a clear financial breakdown and request for contract 25 approval.
26 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of 27 Patterson does hereby:
28 1. Approve the State Department of Transportation (Caltrans) Program Supplemental 29 Agreement No. F037 for the Sperry Avenue: from American Eagle Avenue to Ward 30 Avenue Overlay, Phase 2 Project.
31 2. Authorizes the City Manager to execute the agreement, conduct all negotiations, 32 execute and submit all documents including, but not limited to applications,

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Packet Pg. 101 Attachment: Resolution No. 2022-66 STPL-5244 (041) Consent PSA (Resolution No. 2022-66 Approve Program Supplemental Agreement - 2 1 agreements, reports, insurance, payment requests and so on, which may be 2 necessary for the completion of the aforementioned project on behalf of the City. 3 The foregoing resolution was passed by the City Council at a regular meeting held on the 20th 4 day of September 2022, by _______________ who 5 moved its adoption, which motion was duly seconded by ________________, and 6 the resolution adopted by the following roll call vote:
7 AYES:
8 NOES:
9 EXCUSED:
10 11 APPROVED:
12 13
14 15
16 Dennis McCord
17 Mayor of the City of Patterson
18 19 ATTEST:
20 21
22 23 __________________________________________
24 Aracely Alegre
25 City Clerk of the City of Patterson
26 27
28 29
30 5.12.a
Packet Pg. 102 Attachment: Resolution No. 2022-66 STPL-5244 (041) Consent PSA (Resolution No. 2022-66 Approve Program Supplemental Agreement - 3 1
2 3 I hereby certify that the foregoing is a full, correct, and true copy of a resolution 4 passed by the City Council of the City of Patterson, a Municipal Corporation of the County 5 of Stanislaus, State of California, at a regular meeting held on the 20th day of September 6 2022, and I further certify that said resolution is in full force and effect and has never been 7 rescinded or modified.
8 DATED:
9 10 ____________________________
11 City Clerk of the City of Patterson
12 13
14 5.12.a
Packet Pg. 103 Attachment: Resolution No. 2022-66 STPL-5244 (041) Consent PSA (Resolution No. 2022-66 Approve Program Supplemental Agreement - F037
FOR FEDERAL-AID PROJECTS NO 10-5244F15
1022000090
August 11, 2022
10-STA-0-PAT
STPL-5244(041)
5244
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 11/08/2016 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached).

The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages.

Sperry Avenue from American Eagle Avenue to Ward Avenue.

Road Rehabilitation 0.0(MILES)
Estimated Cost Federal Funds Matching Funds
Y240 $534,361.00

CITY OF PATTERSON
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:

Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to

ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:

Location:

Project Number:

E.A. Number:

Locode:

PROJECT LOCATION:

TYPE OF WORK: LENGTH:

LOCAL OTHER
$1,849,413.00 $1,315,052.00 $0.00
Chief, Office of Project Implementation

STATE OF CALIFORNIA
Department of Transportation
$534,361.00
Program Supplement 10-5244F15-F037- ISTEA 1Page of 7
8/11/2022

5.12.b
Packet Pg. 104 Attachment: Program Supplement Agreement UnSigned PSA_ToAgency (Resolution No. 2022-66 Approve Program Supplemental Agreement -

SPECIAL COVENANTS OR REMARKS
10-STA-0-PAT
STPL-5244(041)

1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.

B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s).

C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE-approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration.

D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract.

Failure to do so will cause a delay in the State processing invoices for the construction phase.

Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures Manual.

E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period.

If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount.

ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual.

Program Supplement 10-5244F15-F037- ISTEA Page 2 of 7

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Packet Pg. 105 Attachment: Program Supplement Agreement UnSigned PSA_ToAgency (Resolution No. 2022-66 Approve Program Supplemental Agreement -

SPECIAL COVENANTS OR REMARKS
10-STA-0-PAT
STPL-5244(041)
F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).

G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance.

ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date.

H. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov.

Program Supplement 10-5244F15-F037- ISTEA Page 3 of 7

5.12.b
Packet Pg. 106 Attachment: Program Supplement Agreement UnSigned PSA_ToAgency (Resolution No. 2022-66 Approve Program Supplemental Agreement -

SPECIAL COVENANTS OR REMARKS
10-STA-0-PAT
STPL-5244(041)

2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT.

B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.

C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.

D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE.

E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.

F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice.

Program Supplement 10-5244F15-F037- ISTEA Page 4 of 7

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Packet Pg. 107 Attachment: Program Supplement Agreement UnSigned PSA_ToAgency (Resolution No. 2022-66 Approve Program Supplemental Agreement -

SPECIAL COVENANTS OR REMARKS
10-STA-0-PAT
STPL-5244(041)
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.

H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.

I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations.

J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.

K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph:

ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested.

All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA.

L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system
Program Supplement 10-5244F15-F037- ISTEA Page 5 of 7

5.12.b
Packet Pg. 108 Attachment: Program Supplement Agreement UnSigned PSA_ToAgency (Resolution No. 2022-66 Approve Program Supplemental Agreement -

SPECIAL COVENANTS OR REMARKS
10-STA-0-PAT
STPL-5244(041)
of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.

M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance.

N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.

O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.

P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement.

3. Appendix E of the Title VI Assurances (US DOT Order 1050.2A) During the performance of this agreement, the ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:

Pertinent Nondiscrimination Authorities:

A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.

B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as Program Supplement 10-5244F15-F037- ISTEA Page 6 of 7

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Packet Pg. 109 Attachment: Program Supplement Agreement UnSigned PSA_ToAgency (Resolution No. 2022-66 Approve Program Supplemental Agreement -

SPECIAL COVENANTS OR REMARKS
10-STA-0-PAT
STPL-5244(041)
amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
L. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

Program Supplement 10-5244F15-F037- ISTEA Page 7 of 7

5.12.b
Packet Pg. 110 Attachment: Program Supplement Agreement UnSigned PSA_ToAgency (Resolution No. 2022-66 Approve Program Supplemental Agreement - 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: September 20, 2022
ITEM NO: 5.13
SUBJECT: Approve the Recommended Use of the Supplemental Law Enforcement Services Account (SLESA) for Fiscal Year 2022-23.

RECOMMENDATION
Motion to Approve the Recommended Use of the Supplemental Law Enforcement Services Account (SLESA) for Fiscal Year 2022-23.

BACKGROUND
Previously called the Supplemental Law Enforcement Services Fund (SLESF) prior to 2011.

The Supplemental Law Enforcement Services Account (SLESA) is a state grant provided under the Citizens Option for Public Safety (COPS) program originally adopted in AB3229 in 1996 with funding from the state general fund. In the past several years it has provided the City of Patterson with about $100,000 per year to be utilized for law enforcement purposes as recommended by the Chief of Police (SB 736).

Each year, the Chief of Police must make a written request to the City Council recommending how the grant funds are utilized (GC 30061). During the first and subsequent years of this grant the Chief of Police recommended to the City Council that the grant revenue be used to fund a gang detective position. In past years, the City Council has approved that request and the grant funding has been used for that purpose.

ANALYSIS
The need for a gang detective continues to be an important need and priority for the City of Patterson. Therefore, Staff recommends that the City Council utilize the $100,000 SLESA grant

5.13 Packet Pg. 111
revenue for this purpose.

FISCAL IMPACT
There is no fiscal impact from approving the recommended usage. The SLESA grant revenue of $100,000 will be appropriated in the City of Patterson FY 2022-23 Budget for personnel costs.

5.13 Packet Pg. 112
City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Marie Guillory Jones, Director of Human Resources
MEETING DATE: September 20, 2022
ITEM NO: 5.14
SUBJECT: Approve the Seventh Amendment to the employment contract between City Manager Ken Irwin and the City of Patterson.

RECOMMENDATION
Motion to Approve the Seventh Amendment to the employment contract between City Manager Ken Irwin and the City of Patterson (attached).

BACKGROUND
Ken Irwin (“City Manager”) has worked for the City of Patterson (the “City”) in different capacities since 2012. He served as the Director of Engineering, Building and Capital Projects until becoming the City Manager in 2014. On October 16, 2014, the City Council (“Council”) approved an employment agreement establishing the terms of the City Manager’s employment with the City (the “Agreement”). The Council has approved subsequent amendments to the Agreement.

On July 19, 2022, the Council completed a performance evaluation of the City Manager. Based on this evaluation, the Council has requested a revision to the City Manager’s contract duration, eligible compensation, and benefits.

ANALYSIS
In recognition of Mr. Irwin’s performance, the Council has requested revisions to the Agreement, which will memorialize certain changes (“Seventh Amendment”). The proposed Seventh Amendment will extend the contract term through October 16, 2027; provide for a minimum 3% annual base salary increase, effective October 16th of each year; and fully paid (100%) retiree medical, dental, and vision after 10 years of service, provided Mr. Irwin is not let go for cause or

5.14 Packet Pg. 113
otherwise terminates his employment with the City. In addition, Mr. Irwin shall have the option to work an 9/80 work schedule. Mr. Irwin will continue to receive annual performance evaluations and the remaining provisions of the Agreement will remain unchanged.

RECOMMENDED ACTION
Based on the information contained herein, staff recommends that the Council approve the Seventh Amendment.

ALTERNATIVE ACTIONS
The Council may select any of the following actions:
(1) Approve the Seventh Amendment without any changes;
(2) Approve the Seventh Amendment with changes and revisions; or (3) Reject the Seventh Amendment entirely.

FISCAL IMPACT
Appropriation for the provisions in the contract shall be included in the City’s biennial operating budgets.

5.14 Packet Pg. 114

SEVENTH AMENDED EMPLOYMENT AGREEMENT BETWEEN

KENNETH IRWIN AND THE CITY OF PATTERSON FOR

EMPLOYMENT OF CITY MANAGER
This Seventh Amended Employment Agreement (“Seventh Amendment”) is made and entered into on this 20th day of September, 2022 (“Effective Date”), by and between the City of Patterson (“Employer”), a California municipal corporation, and Kenneth Irwin, an individual (“Employee”). Employer and Employee may be referred to hereinafter as a “Party” or collectively as the “Parties.” There are no other parties to this Seventh Amendment.

RECITALS
A. The Parties entered into an Agreement for employment of City Manager on October 16, 2014 (“Agreement”), which provides the terms and conditions of Employee’s employment.

B. Employee commenced work as City Manager on October 16, 2014.

C. The Parties amended the Agreement on March 30, 2016 (“First Amendment”), which provides changes to the Agreement.

D. The Parties amended the Agreement on December 20, 2016 (“Second Amendment”), which provides changes to the Agreement and the First Amendment.

E. The Parties amended the Agreement on February 6, 2018 (“Third Amendment”), which provides changes to the Agreement, the First Amendment, and the Second Amendment.

F. The Parties amended the Agreement on December 18, 2018 (“Fourth Amendment”), which provides changes to the Agreement, the First Amendment, the Second Amendment, and the Third Amendment.

G. The Parties amended the Agreement on March 17, 2020 (“Fifth Amendment”), which provides changes to the Agreement, the First Amendment, the Second Amendment, the Third Amendment, and the Fourth Amendment.

H. The Parties amended the Agreement on December 1, 2020 (“Sixth Amendment”), which provides changes to the Agreement, the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, and the Fifth Amendment.

I. The Parties now desire to further amend the terms and conditions of the Agreement, the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, the Fifth Amendment, and the Sixth Amendment.

NOW THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows:

5.14.a
Packet Pg. 115 Attachment: Ken Irwin - Seventh Amendment to Employment Contract- 09-20-2022 (City Manager Contract Amendment No. Seven (7))

AGREEMENT
Section 1. Incorporation of Recitals. The recitals set forth above are incorporated herein by this reference and made a part of this Seventh Amendment. In the event of any inconsistencies between the recitals and sections 1 through 11 of this Seventh Amendment, sections 1 through 11 will prevail.

Section 2. Effect of Original Agreement. Except as otherwise provided herein, all provisions, defined terms, and obligations in the original Agreement, as amended by the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, the Fifth Amendment, and the Sixth Amendment remain in full force and effect. The Parties agree that they continue to be bound by all terms of the Agreement, the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, the Fifth Amendment, and the Sixth Amendment except as modified by this Seventh Amendment. All capitalized terms used in this Seventh Amendment, which are not otherwise defined in this Seventh Amendment, shall have the meanings given to such terms in the Agreement.

Section 3. Amendments. The Agreement is amended as follows:

1. Section 1 of the Agreement, “Term,” is amended to read as follows:

This Agreement shall remain in full force and effect through October 16, 2027 unless employee is terminated for “cause” in accordance with “Section 11: Event of Default” of Agreement.

2. Section 4(A) of the Agreement, “Compensation,” is amended to read as follows:

B. Salary Adjustments: This Agreement shall be automatically amended to provide a 3% base salary increase, effective October 16th of each year; however, if a higher increase is negotiated and granted to mid-management employees, Employee shall receive that higher increase instead.

3. Section 5 of the Agreement, “Health, Disability, and Life Insurance Benefits” is amended to read as follows:

C. After 10 years of service with the City of Patterson, Employee shall receive a life-time retiree plus eligible dependent(s) medical benefit, paid at 100% of benefit, based on the plan and category enrolled in CalPERS or a non-CalPERS plan selected by the retiree capped at the CalPERS Basic Kaiser Subscriber & 2+ Dependents Category. Employee shall also receive retiree dental and vision benefits, paid or reimbursed at 100%, based on the City’s existing plan coverage as provided for unrepresented employees in the Unrepresented Full-Time Employee Benefits Summary. This paragraph will not apply in the event the Employee is terminated for “cause” in accordance with “Section 11: Event of Default” of the Agreement or otherwise terminates his employment with the City.

4. Section 15 of the Agreement, “Hours of Work,” is amended to read as follows:

The general work schedule for Employee shall be Monday through Friday, 8:00 a.m. to 5:00 p.m.; however, it is recognized that Employee must devote a great deal of time outside normal office hours on business for Employer, including but

5.14.a
Packet Pg. 116 Attachment: Ken Irwin - Seventh Amendment to Employment Contract- 09-20-2022 (City Manager Contract Amendment No. Seven (7)) not limited to attending regular and special meetings of the Employer’s City Council and various commissions, and to that end Employee shall be allowed to establish an appropriate work schedule, including a 9/80 work schedule. The Parties agree that, due to the nature of this position, it is exempt, and Employee is not entitled to receive overtime compensation.

Section 4. Integrated Agreement. The Agreement contains all of the agreements of the Parties and all previous understandings, negotiations, and agreements are integrated into the Agreement.

Section 5. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Seventh Amendment are declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Seventh Amendment, which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties herein.

Section 6. Counterparts. This Seventh Amendment may be executed simultaneously and, in several counterparts, each of which shall be deemed an original, but which together shall be deemed one and the same instrument.

Section 7. Authority. All Parties to this Seventh Amendment warrant and represent that they have the power and authority to enter into this Seventh Amendment 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 Seventh Amendment have been fully complied with.

Section 8. Document Preparation. This Seventh Amendment will not be construed against the Party preparing it, but will be construed as if prepared by all Parties.

Section 9. Advice of Legal Counsel. Each Party acknowledges that it has reviewed this Seventh Amendment with its own legal counsel and based upon the advice of that counsel, freely entered into this Seventh Amendment.

Section 10. Attorney’s Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret provisions of this Seventh Amendment, the prevailing Party shall be entitled to reasonable attorneys’ fees and costs, which may be set by the court in the same action, or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
[SIGNATURE PAGE TO FOLLOW]

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Packet Pg. 117 Attachment: Ken Irwin - Seventh Amendment to Employment Contract- 09-20-2022 (City Manager Contract Amendment No. Seven (7)) IN WITNESS WHEREOF, this Seventh Amendment has been entered into by and between Employer and Employee as of the Effective Date.

EMPLOYEE
Kenneth Irwin, an individual
Kenneth Irwin, City Manager
Date Signed:

EMPLOYER
City of Patterson, a California
municipal corporation
By:

Dennis McCord, Mayor
Date Signed:

Attest:

By:

Aracely Alegre, City Clerk
Date Signed:

Approved as to Form:

By:

Nubia I. Goldstein, City Attorney
Dated:

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Packet Pg. 118 Attachment: Ken Irwin - Seventh Amendment to Employment Contract- 09-20-2022 (City Manager Contract Amendment No. Seven (7)) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Marie Guillory Jones, Director of Human Resources
MEETING DATE: September 20, 2022
ITEM NO: 5.15
SUBJECT: Approval of the Patterson Management Mid-Management Employee Association (PMMEA) and the American Federation of State, County, and Municipal Employees (AFSCME) New Classifications and Corresponding Job Descriptions, and Revisions to Existing Job Descriptions.

RECOMMENDATION
Motion to Approve the Patterson Management Mid-Management Employee Association (PMMEA) and the American Federation of State, County, and Municipal Employees (AFSCME) new classifications and corresponding job descriptions, and revisions to existing job descriptions.

BACKGROUND
The City of Patterson contracted with Grace Consulting to conduct a classification study for AFSCME and a classification and structure review for PMMEA. The goals of the project were to clearly describe the nature of work and scope of responsibility, authority, and impact of each job; ensure that job requirements are aligned with the nature of the work and the scope of responsibility; ensure consistency in format and language used in each job description; identify career paths; ensure structure is based on internal equity considerations; and ensure that job descriptions and classification structure are in compliance with applicable regulatory requirements.

The study included approximately thirty-four (34) non-exempt clerical, administrative, technical, and maintenance classes job classifications represented by AFSCME and approximately twenty (20) mid-management, supervisory, professional, and confidential job classifications represented by PMMEA.

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The project was the result of a collaborative effort between the consultant, Department Heads, Human Resources, and the respective unions to allow for review, feedback, and adjustments.

ANALYSIS
A variety of factors were considered in the data analysis and development of the job descriptions and classification structure recommendations. The factors included the concept of internal equity; the identification of job families; the overtime exemption status of each position; and market comparability.

Recommendations include title changes to clearly identify the nature and scope of the job; new job classifications to allow for future expansion of departmental structure, job families, and career progression; and revised job descriptions to accurately reflect the nature, scope, duties, and responsibilities of the actual job that is being performed.

Below is a summary of recommended title changes and new job classifications. All other classifications were revised based on the current title and structure. All job descriptions are included as attachments to this report.

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American Federation of State, County, and Municipal Employees (AFSCME) Current Job Title New Job Title or Job Class
Account Clerk Accounting Assistant
Senior Account Clerk Senior Accounting Assistant
New Job Class Graffiti Abatement Technician
Electrical Technician I Electrical/Instrumentation Tech I Electrical Technician II Electrical/Instrumentation Tech II Electrician Crew Leader Electrical/Instrumentation Crew Leader New Job Class Engineering Technician I
New Job Class Engineering Technician II
Fire Prevention Specialist Fire Prevention Inspector
New Job Class Collection Systems Operator In Training (OIT) Planning Technician I Administrative Assistant I
Planning Technician II Administrative Assistant II
New Job Class Water Operator in Training (OIT)
Patterson Management Mid-Management Employee Association (PMMEA) Current Job Title New Job Title or Job Class
New Job Class Accounting Manager
Chief Wastewater Operator Chief Plant Operator
New Job Class Water Resources Program Manager
Public Works Supervisor Operation Supervisor, Parks & Buildings Operations Supervisor, Urban Forestry
Utilities Supervisor, Streets & Collections
Utilities Supervisor, Water
Recreation Services Administrative Manager Recreation Services Manager Recreation Services Supervisor, Administrative Administrative Analyst Recreation Services Supervisor, Programs Recreation Programs Supervisor New Job Class Senior Civil Engineer
New Job Class Senior Planner
Attachments: AFSCME - Summary of Classifications and Job Titles PMMEA - Summary of Classifications and Job Titles
Job Descriptions

FISCAL IMPACT
There is no fiscal impact with this action. This request only seeks approval of new and revised classifications and corresponding job descriptions.

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Packet Pg. 121 Attachment: Attachment-New Classification and Fiscal Impact (Approval of PMMEA and AFSCME Job Descriptions) Attachment – 1
American Federation of State, County, and Municipal Employees (AFSCME) Summary of Classifications and Job Titles
Current Job Title New Job Title or Job Class Job Family Account Clerk Accounting Assistant Accounting
Accounting Technician Accounting
Senior Account Clerk Senior Accounting Assistant Accounting Code Enforcement Officer I Code Enforcement
Code Enforcement Officer II Code Enforcement
New Job Class Graffiti Abatement Technician Code Enforcement Electrical Technician I Electrical/Instrumentation Tech I Electrical & Instrumentation Electrical Technician II Electrical/Instrumentation Tech II Electrical & Instrumentation Electrician Crew Leader Electrical/Instrumentation Crew Leader Electrical & Instrumentation New Job Class Engineering Technician I Engineering
New Job Class Engineering Technician II Engineering
Equip Mech Crew Leader Equipment Repair & Maintenance
Equipment Mechanic I Equipment Repair & Maintenance
Equipment Mechanic II Equipment Repair & Maintenance
Fire Prevention Specialist Fire Prevention Inspector Fire Miscellaneous New Job Class Collection Systems Operator In Training (OIT) Utilities Maintenance Maintenance Worker I
Maintenance Worker II
Maintenance Worker III
Permit Technician I Permitting
Permit Technician II Permitting
Planning Technician I Administrative Assistant I Administrative Planning Technician II Administrative Assistant II Administrative Public Works Inspector I Public Works Inspectors
Public Works Inspector II Public Works Inspectors
Public Works Inspector III Public Works Inspectors
Recreation Coordinator I Recreation Programs
Recreation Coordinator II Recreation Programs
Wastewater OIT Wastewater Operations
Wastewater Operator I Wastewater Operations
Wastewater Operator II Wastewater Operations
Wastewater Operator III Wastewater Operators
New Job Class Water Operator in Training (OIT) Water Operations Water Operator I Water Operations
Water Operator II Water Operations
Water Operator III Water Operations

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Packet Pg. 122 Attachment: Attachment-1 AFSCME Class Listing (Approval of PMMEA and AFSCME Job Descriptions) Attachment – 2
Patterson Management Mid-Management Employee Association (PMMEA) Summary of Classifications and Job Titles
Current Job Title New Job Title or Job Class Job Family Accountant
Accounting
New Job Class Accounting Manager Accounting
Assistant Engineer Engineering
Associate Engineer Engineering
Associate Planner Planning
Capital Projects Manager Engineering
Chief Wastewater Operator Chief Plant Operator Wastewater Operations City Planner Planning
Electrical Instrumentation Manager Electrical & Instrumentation Fire Department Administrative
Manager
Fire
Fire Marshal Fire
Management Analyst Administrative
New Job Class Water Resources Program Manager Administrative Public Works Supervisor
Operation Supervisor, Parks &
Buildings
Public Works Maintenance Operations
Operations Supervisor, Urban
Forestry
Public Works Maintenance Operations
Utilities Supervisor, Streets &
Collections
Utilities Maintenance
Utilities Supervisor, Water Water Operations
Recreation Services Administrative
Manager
Recreation Services Manager Recreation Programs
Recreation Services Supervisor,
Administrative
Administrative Analyst Administrative
Recreation Services Supervisor,
Programs
Recreation Programs Supervisor Recreation Programs
Revenue & Utility Billing Manager Accounting
New Job Class Senior Civil Engineer Engineering
New Job Class Senior Planner Planning
Supervising Accountant Accounting
Wastewater Manager
Wastewater

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Packet Pg. 123 Attachment: Attachment-2 PMMEA Class Listing (Approval of PMMEA and AFSCME Job Descriptions)

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Packet Pg. 325 Attachment: Job Descriptions-PMMEA (Approval of PMMEA and AFSCME Job Descriptions) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Mike Willett, Public Works Director
MEETING DATE: September 20, 2022
ITEM NO: 6.1
SUBJECT: Motion to Approve Street Name Change from Baldwin Road to Jeremiah Way in Memory of Jeremiah Paul Schali.

RECOMMENDATION
Motion to Approve Street Name Change from Baldwin Road to Jeremiah Way in Memory of Jeremiah Paul Schali.

BACKGROUND
The City of Patterson recently lost a valuable member of its community and employee and the Public Works Department lost a beloved employee. Jeremiah was hired by the City of Patterson on April 1, 2020 as a Maintenance Worker in the Parks Division. Jeremiah shared a passion for providing public service and he brought a work ethic that was second to none. He maintained three parks and all of the City’s landscaping on Sperry Avenue between Las Palmas Avenue and Baldwin Road. His performance was a clear example for others to follow, but it was his humble and friendly nature that endeared him to all who knew him. Even after extreme medical treatments and procedures left him physically challenged, Jeremiah fought hard and returned to work. His sense of duty brought him back daily until he was no longer physically able to do so.

His drive, character and spirit will always be remembered.

ANALYSIS
Jeremiah contributed greatly to this community and because of his contributions it was determined that the way for this community to honor his memory is by naming a new street after him. The section of street in front of the city’s corporation yard is currently Baldwin Road.

However, with the construction of Baldwin Ranch North subdivision that section of street was

6.1 Packet Pg. 326
going to change to Marble Avenue. Rather than Marble Avenue, staff proposes, “Jeremiah Way” to honor the memory of Jeremiah Schali.

FISCAL IMPACT
There is no significant impact associated with this item. Only costs incurred are the costs for the plaque, street name sign and any labor will be completed by city staff.

6.1 Packet Pg. 327
City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Bryan Stice, Community Development Director
MEETING DATE: September 20, 2022
ITEM NO: 7.1
SUBJECT: Approve Resolution No. 2022-64 approving a General Plan Amendment, which would redesignate the northwest portion of APN 021-025-028, a 101.96 acre lot located west of Rogers Road, between the Delta Mendota Canal and the California Aqueduct, to a Light Industrial General Plan designation and motion to approve the first reading and introduction of Ordinance No. 864 approving a rezone to the West Patterson Light Industrial District. The site is currently zoned for General Commercial land uses.

RECOMMENDATION
Motion to Approve Resolution No. 2022-64 approving a General Plan Amendment, which would redesignate the northwest portion of APN 021-025-028, a 101.96 acre lot located west of Rogers Road, between the Delta Mendota Canal and the California Aqueduct, to a Light Industrial General Plan designation and the motion to approve the first reading and introduction of Ordinance No. 864 approving a rezone to the West Patterson Light Industrial District. The site is currently zoned for General Commercial land uses.

BACKGROUND
The project site is located between the Delta Mendota Canal and the California Aqueduct, east of Rogers Road (see Figure 1).

In 2012, the City Council adopted the West Patterson Business Park Expansion project, which provided a development framework for the area bounded by Rogers Road, Zacharias Road, and Interstate 5. Subsequently, the West Patterson Business Park Expansion area, including the subject property was annexed to the City in 2013. The Business Park Expansion Master Plan envisioned a combination of retail development and warehouse/industrial development. The

7.1 Packet Pg. 328
“Master Plan” was further divided into two portions, the KDN Business Park/Retail Center, a primarily retail-oriented area, where the subject site is located, and the Arambel Business Park.

Standards in this Master Plan would still apply to future development.

CURRENT DESIGNATIONS
As designated at the time of the West Patterson Business Park Expansion approval, the subject site is zoned General Commercial. This zoning designation is primarily intended for retail, office, and restaurant types of uses. The Master Plan includes tentative approvals for approximately one million square feet of commercial building space on the subject property.

For context, the total current commercial square footage in the vicinity of Sperry Avenue and Ward Avenue (the Walmart, Save Mart, True Value, and Walgreen’s shopping centers) is approximately 350,000 square feet. A large format box retailer, such as Walmart or Target, typically totals 120,000 to 150,000 square feet. A typical grocery store would be 30,000-50,000 square feet, with smaller restaurants and retailers measuring between 3,000-20,000 square feet.

Despite plans for future growth, with the increased use of online shopping and other competing commercial sites within the city, the potential to build out the entire one million square feet of the site seems unlikely. Further, the number of vehicle trips passing by a site is critical to the success of most shopping centers. For the subject site, only the areas adjacent to Rogers Road are likely to experience a large volume of vehicles passing by.

PROPOSED DESIGNATIONS
The proposal under consideration would keep the General Commercial zoning on the southeastern area of the parcel, the area closest to Rogers Road. The 59.88 acres to the north and west of the property would be redesignated to Light Industrial under the City of Patterson General Plan and rezoned to the West Patterson Light Industrial District. This zoning designation is intended for industrial parks, warehousing, and light manufacturing. The designation would match the zoning designation of areas to the north of the subject property.

No development is proposed as part of this proposal.

ENVIRONMENTAL REVIEW/CEQA COMPLIANCE
An environmental impact report (EIR) was prepared for the West Patterson Business Park Expansion project in 2012, SCH# 2011082016. 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 addressed by a Statement of Overriding Consideration adopted by City Council.

First Carbon Solutions prepared an initial study to consider the General Plan Amendment and Rezone. The California Environmental Quality Act provides that a lead agency shall prepare an

7.1 Packet Pg. 329
addendum to a previously adopted EIR if some changes are necessary, but none of the following conditions exist:
1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or ND . . . due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or ND . . . due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, or the ND was adopted. . . shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR or ND or negative declaration;
b. Significant effects previously examined will be substantially more severe than shown in the previous EIR or ND;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR or ND would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative (CEQA Guidelines § 15162, subd. (a); see also PRC § 21166).

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RESOLUTION NO. 2022-64__

A RESOLUTION OF THE CITY OF PATTERSON CITY COUNCIL
APPROVING A GENERAL PLAN AMENDMENT FOR 59.88 ACRES OF APN 021-025- 028, LOCATED WEST OF ROGERS ROAD, NORTH AND EAST OF THE

CALIFORNIA AQUEDUCT AND WOUTH OF THE DELTA MENDOTA CANAL TO

THE LIGHT INDUSTRIAL GENERAL PLAN DESIGNATION
WHEREAS, Baldwin Ranch Development LLC submitted an application for a General Plan Amendment to redesignate approximately 59.88 acres, located west of Rogers Road, between the California Aqueduct and the Delta Mendota Canal to the Light Industrial general plan designation; and
WHEREAS, in 2012, the City Council approved the West Patterson Business Park Expansion Master Plan to establish land use and regulatory requirements for the subject site; and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”), the City has prepared an Addendum to the West Patterson Business Park Expansion Project Environmental Impact Report (SCH# 2011082016); and
WHEREAS, substantial changes will not occur in the project which will require major revisions of the previous EIR or ND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and WHEREAS, substantial changes are not present with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or ND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
WHEREAS, no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the ND was adopted shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR or ND or negative declaration;
b. Significant effects previously examined will be substantially more severe than shown in the previous EIR or ND;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR or ND would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative (CEQA Guidelines § 15162, subd. (a); see also PRC § 21166).

WHEREAS, on August 25, 2022, the Patterson Planning Commission conducted a duly noticed public hearing and recommended approval of the general plan amendment; and

7.1.a
Packet Pg. 331 Attachment: Resolution No. 2022-64 Rogers Road Retail Business Park (Resolution No.2022-64 Rogers Road Retail and Business Park) WHEREAS, based on its review and consideration of the staff report, West Patterson Business Park Expansion Master Plan documents, and oral and written testimony presented, the City Council hereby finds as follows:

1. The proposed general plan amendment would further the goals outlined in the General Plan;

2. The proposed general plan amendment benefits and not be detrimental to the health, safety, and general welfare of the community;

3. The proposed general plan amendment will result in an orderly planning use of land resources.

4. The proposed general plan amendment is compatible with surrounding land use designations.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Patterson as follows:

The City Council hereby approves the General Plan Amendment as depicted in the rezone map.

PASSED AND ADOPTED by the City of Patterson City Council on the 20th DAY of September 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

7.1.a
Packet Pg. 332 Attachment: Resolution No. 2022-64 Rogers Road Retail Business Park (Resolution No.2022-64 Rogers Road Retail and Business Park) 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 special meeting held on the 20th day of September 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

7.1.a
Packet Pg. 333 Attachment: Resolution No. 2022-64 Rogers Road Retail Business Park (Resolution No.2022-64 Rogers Road Retail and Business Park) ORDINANCE NO. 864__

AN ORDINANCE OF THE CITY OF PATTERSON CITY COUNCIL
TO REZONE 59.88 ACRES OF APN 021-025-028, LOCATED WEST OF ROGERS

ROAD, NORTH AND EAST OF THE CALIFORNIA AQUEDUCT AND WOUTH OF

THE DELTA MENDOTA CANAL TO THE WEST PATTERSON LIGHT INDUSTRIAL

ZONING DESIGNATION
WHEREAS, Baldwin Ranch Development LLC submitted an application to rezone approximately 59.88 acres, located west of Rogers Road, between the California Aqueduct and the Delta Mendota Canal to West Patterson Light Industrial District; and WHEREAS, in 2012, the City Council approved the West Patterson Business Park Expansion Master Plan to establish land use and regulatory requirements for the subject site; and WHEREAS, in conjunction with this Ordinance, the Patterson City Council by separate Resolution has adopted the Rogers Road Retail and Business Park General Plan Amendment to amend the allowed land uses and regulatory requirements for the development of the subject area, consistent with the West Patterson Business Park Expansion Master Plan; and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”), the City has prepared an Addendum to the West Patterson Business Park Expansion Project Environmental Impact Report (SCH# 2011082016); and
WHEREAS, substantial changes will not occur in the project which will require major revisions of the previous EIR or ND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and WHEREAS, substantial changes are not present with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or ND . . . due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or WHEREAS, no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the ND was adopted shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR or ND or negative declaration;
b. Significant effects previously examined will be substantially more severe than shown in the previous EIR or ND;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or

7.1.b
Packet Pg. 334 Attachment: Ordinance No. 864 Rogers Rezone (Resolution No.2022-64 Rogers Road Retail and Business Park) d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR or ND would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative (CEQA Guidelines § 15162, subd. (a); see also PRC § 21166).

WHEREAS, on August 25, 2022, the Patterson Planning Commission conducted a duly noticed public hearing and recommended approval of the rezone; and WHEREAS, based on its review and consideration of the staff report, West Patterson Business Park Expansion Master Plan documents, and oral and written testimony presented, the City Council hereby finds as follows:

1. The proposed rezone is consistent with the goals, policies, and implementation programs of the General Plan;

2. The proposed rezone benefits and does not harm the public necessity, convenience, and general welfare;

3. The proposed rezone will result in an orderly planning use of land resources.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PATTERSON ORDAINS AS FOLLOWS:

1. The area designated in the rezone map is rezoned to be consistent with he land use designations depicted therein.

2. This Ordinance shall take effect and be in full force thirty (30) days from and after its passage, and publication of the Ordinance shall occur in a newspaper of general circulation at least fifteen (15) days prior to its effective date, or a summary of the Ordinance shall be published in a newspaper of general circulation at least five (5) days prior to adoption and again at least fifteen (15) days prior to its effective date.

The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Patterson held on the 20th day of September 2022, by _________________, who moved its introduction, which motion being duly seconded by _____________________. Said Ordinance was given a second reading and adopted at a regular meeting of the City Council held on the ____, day of ______________, 2022, and after such reading, ________________ moved its adoption, seconded by ____________________, and said Ordinance was thereupon adopted by the following roll call vote:

AYES:

NOES:

EXCUSED:

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Packet Pg. 335 Attachment: Ordinance No. 864 Rogers Rezone (Resolution No.2022-64 Rogers Road Retail and Business Park) APPROVED:

Dennis McCord
Mayor of the City of Patterson
ATTEST:

Aracely Alegre
City Clerk of the City of Patterson

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Packet Pg. 336 Attachment: Ordinance No. 864 Rogers Rezone (Resolution No.2022-64 Rogers Road Retail and Business Park) ROGERS ROAD 50'
C. 27 DELTA MENDOTA CANAL

CALIFORNIA AQUEDUCT

KDN ENTERPRISES
DOC. NO. 1985-0052032
PROPOSED PARCEL 1
PROPOSED PARCEL 2
TURLOCK IRRIGATION DISTRICT DOC. NO. 2007-0053494
PARCEL "A"
(56 - PM - 30)

APPLICANT

VICINITY MAP

GDR ENGINEERING, INC
R D G
REZONE
FOR

ROGERS ROAD RETAIL & BUSINESS PARK

PROPERTY DESCRIPTION

EXISTING CONDITIONS R GD
150 75 0 300
(If this sheet is not 24"x36", it is a reduced print)

PROPOSED PROJECT
150

NOTES R GD

SITE ROGERS ROAD
SPERRY AVENUE BALDWIN ROAD INTERSTATE 5

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Packet Pg. 337 Attachment: Rezone Map (Resolution No.2022-64 Rogers Road Retail and Business Park) Baldwin Ranch Development LLC
Location Map for Rezone
City of Patterson, Stanislaus County, California
June 10, 2022
R
G
D

SPERRY AVENUE BALDWIN ROAD PARK CENTER DRIVE ROGERS ROAD INTERSTATE 5 CALIFORNIA AQUEDUCT
DELTA

MENDOTA
CANAL
Project
Site
R
D
G GDR ENGINEERING, Inc.

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Packet Pg. 338 Attachment: Location Map (Resolution No.2022-64 Rogers Road Retail and Business Park)

ROGERS ROAD RETAIL & BUSINESS PARK
Rezone for Baldwin Ranch Development LLC
June 7, 2022

APPLICANT
Name: Baldwin Ranch Development LLC
Contact: Joe Hollowell
Address: 1412 Rockhaven Drive
City/State/ZIP: Modesto, CA 95356
Phone: (209) 535-4012
Email: [email protected]

PROPERTY DESCRIPTION
A.P.N. 021-025-028
Real property in the City of Patterson , County of Stanislaus, State of California, described as follows:

The southeast one-quarter and the south one-half of the northeast one-quarter of Section 27, Township 5 South, Range 7 East, Mount Diablo Base and Meridian, lying northerly and northwesterly of those portions conveyed to the State Of California by Deed Recorded February 8, 1965 in Book 2010, Page 508, Instrument No. 5273, and by Deed Recorded February 10, 1965 in Book 2011, Page 106, Instrument No. 5563 and by Deed Recorded August 16, 1966 In Book 2119, Page 460, Instrument No. 28431, all of Official Records.

Excepting therefrom that portion lying within the Delta Mendota Canal as conveyed to The United States of America in Deed Recorded September 23, 1946 in Volume 867, Page 9, Instrument No. 26802 of Official Records.

Also excepting therefrom that portion of land conveyed to the County of Stanislaus, a Political Corporation in Deed Recorded January 17, 1997 as Instrument No. 1997- 0003951 of Official Records.

Also excepting therefrom that portion described in the Certificate Of Compliance Recorded August 3, 2004 as Instrument No. 2004-0125848-00, Official Records.

Also excepting therefrom that portion of land conveyed to the Turlock Irrigation District, a Public Entity, in Deed Recorded April 27, 2007 as Instrument No. 2007-0053493 of Official Records, as finalized in that portion of land conveyed to Turlock Irrigation District, a Public Entity by Deed Recorded April 13, 2009 as Instrument No. 2009-0035168 of Official Records.

EXISTING CONDITIONS
Existing Parcels: 1
Existing Acreage: ±101.96 Acres
Existing General Plan Designation: General Commercial
Existing Zoning: General Commercial (Arambel Business Park / KDN Retail Center MDP)

PROPOSED PROJECT
The proposed project consists of a Rezone and the recording of a Final Parcel Map. The existing one (1) parcel will be divided into a total of two (2) parcels. Proposed Parcel 1 will remain zoned General Commercial for future retail center use. Baldwin Ranch Development LLC desires to rezone Proposed Parcel 2 to Light Industrial (LI) to allow a range of uses associated with the West Patterson Business Park Expansion Project. The property location adjacent to Interstate 5 is a desirable location for both General Commercial and Light Industrial use. Both the General Commercial and the Light Industrial Zoning are in conformance with the City of Patterson’s General Plan.

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Packet Pg. 339 Attachment: Project Description (Resolution No.2022-64 Rogers Road Retail and Business Park) I-5
I-5
ACCESS

DANIEL RD

SPENO DR

RENZO LN

CHESTNUT AVE

ANNAMARIE AVE

OSSIE ST
ACCESS
N 2ND ST
I-5
I-5
HWY 33
HWY 33

ELM AVE

SYCAMORE AVE

WARD AVE

FIG AVE

BALDWIN RD

OLIVE AVE

ROGERS RD

SPERRY AVE

LEMON AVE

ORANGE AVE

LOCUST AVE

WALNUT AVE

ALMOND AVE

ZACHARIAS RD

POMELO AVE

E LAS PALMAS AVE

EUCALYPTUS AVE

RAINES RD

ELFERS RD

APRICOT AVE

W MARSHALL RD

ASH AVE

MAGNOLIA AVE
N 1ST ST
M ST
I ST

BARTCH AVE

DEL PUERTO CANYON RD

DIABLO GRANDE PKWY

FRUIT AVE

E MARSHALL RD
J ST
L ST

MINNEAR RD

DONKIN RD
K ST

POMEGRANATE AVE
C ST

POPLAR AVE
N 3RD ST

S DEL PUERTO AVE
S 1ST ST

POPPY AVE
N 4TH ST
S 2ND ST
D ST
S 3RD ST
N 5TH ST
F ST

IVY AVE

SHEARWATER DR

CALVINSON PKWY
S 9TH ST
N 7TH ST
S 4TH ST
E ST
H ST

W LAS PALMAS AVE

HENLEY PKWY

ACACIA AVE

AMERICAN EAGLE AVE

N SALADO AVE
S 5TH ST
S 6TH ST

QUINCE AVE
N 9TH ST

CLOVER AVE

RED ROBIN DR

PRUNE AVE

PIPIT DR

ROADRUNNER DR

ROSE AVE

DAISY DR

N HARTLEY ST

CLIFF SWALLOW DR

OSPREY DR

PHLOX DR

FINSTER ST

KESTREL DR

MISTLETOE AVE

HOLLY AVE
S 7TH ST

WEBER AVE

CHESTNUT AVE

BERLIN WY

OLD LAS PALMAS AVE

PEREGRINE DR

WEST MAIN ST

KEYSTONE PACIFIC PKWY

DAVIS RD

BELLA FLORA LN

BARROS ST

MARIGOLD DR

GUSTAFSON AVE

HEARTLAND RANCH AVE

JAMES BURKE AVE

DAHLIA AVE

SEARS DR

JASMINE DR

LILAC AVE

TERN WY

SAMANTHA CREEK DR

PALOMINO WY

TRAINA DR

KINSHIRE WY

LORELEI LN

AZALEA DR

TYLER ST

PAINT WY

ASHWOOD LN

S AMERICAN EAGLE AVE

EIDER DR
8TH ST

MILLWOOD DR

CREEKSIDE DR
B ST

MORAY WY

ANGUS ST

SCARLET LN

IBIS DR

NUBIAN ST

PARK CENTER DR

TISSOT DR

LEVERTON DR

PINTO WY

BUCKSKIN WY

S HARTLEY ST

GARDEN PATCH WY

S EL CIRCULO

N EL CIRCULO

WALKER RANCH PKWY

FAWN LILY DR

TOGGENBURG ST

BULLFINCH DR

KEYSTONE BLV

MESA CREEK DR

LAVENDER LN

HANNAH DR

THRUSH DR

PLACER CREEK DR

MULBERRY AVE

JERSEY LN

SWEET PEA DR

MARISA DR

SKIMMER DR

SPERRY RD

MARY JANE AVE

ORKNEY DR

WIGEON LN

TULIP LN

DURER DR

NEW FOREST WY

ROXANNE DR

ROSEMARY DR

VAN GOGH LN

LEATHER CREEK LN

STARK RD

LONGHORN LN

VICKI LYNN LN

OAKWOOD LN

PERIWINKLE DR

WASHBURN ST

MACKILHAFFY DR

JAKE CREEK DR SWAN DR

MENDOCINO CREEK DR

TOYON LN

FLICKER LN

ARAMBEL DR

JEWEL FLOWER DR

PASA FELIX DR

BRAHMA ST

FALL AVE

HOLLYHOCK CI

NICASTRO DR

LEMON BLOSSOM LN

BLUE HERRON DR

COUGAR CREEK DR

MESQUITE DR

BECK CREEK LN

GREBE LN

YELLOWHAMMER DR
N 6TH ST

HUNTER CREEK DR

SQUASH CREEK LN

NORTHMEAD WY

FOUNTAIN GRASS DR
MOE DR

DOWITCHER DR

ABELIA LN

GANNET LN

GAUGIN WY

SNOW CREEK LN

SHORTHORN ST

INAUDI DR

MAYETTE ST

LOGAN WY

SUNFLOWER DR

MARGUERITE LN

WOLFPACK CT

MEGHAN DR

PARAMATTA DR

MESSER PL

DAYLILY LN

VINEYARD AVE

TOTMAN CT

EL CAMINO DR

IMPERIAL LILY DR

CONDOR CT

WALNUT CT

HACKNEY ST

MADRONE LN

BOGDANICH WY

RIDGE CREEK LN

MORNING GLORY DR

PITSCOTTIE LN

CHESTERFIELD DR

MIRAGGIO DR

STEEL CREEK DR

BENNETT DR

BRANGUS LN

BLUE FLAX DR

TARLAND LN

DYLAN CREEK DR

MORAY CT

SWEETWOOD LN

THOROUGHBRED ST

SPOONER CT

LOLA LN

HILLSTOCK CT

CHERRY BLOSSOM LN

KNUTSON ST

KINGFISHER DR

SPRING AVE

BEAVER CREEK DR

AMBERINA DR

FRANQUETTE ST

WESTFIELD PL

BERRENDAS ST

INAUDI CT

TYLER CT

PAYNE ST

WOOD CREEK DR

NOBLE PARK CI

S SALADO AVE

SWEET BRIAR DR
PLAZA

HAMMON CT

CHASE ST

PINE CREEK LN

STONE CREEK LN

ORCHID LN

ANGORA ST
GITY

CORNFLOWER DR

BERTWOOD LN

N DEL PUERTO AVE

LA LYNN DR

KINGLET LN

SANDERLING DR

BEACHWOOD LN

BROOK HOLLOW DR

SUMMER PHLOX LN

GOLD CREEK DR

WANZIA LN

SUSAN ST

BLACK CROW LN

SPANISH BARB WY

TENBRINK LN

TEAL CT

WARBLER LN

MARSH WREN CT

CARLY CREEK DR

CABANEL WY

KLOPPING CT

DELPHIA DR

GNESA DR

ZINNIA CT

AMBERINA CT

DARPINO CT

MEADOW CREEK DR

TORVEND WY

STONECHAT LN

GOLDFINCH LN

WESTFIELD LN

DEER HOLLOW DR

SNAKE CREEK DR

WINTER LN

PEACH BLOSSOM LN

ROCK CREEK LN

DE LASH CT

SUMMER LN

CABANEL LN

SPARROW HAWK LN

HANSEN CT

SORREL CT

ARABIAN WY

ROGERS CT

HYACINTH DR

HALLEY CT

SAFFRON WY

BONNEAU CT

GUERNSEY ST

EMILY CT

GARDENIA CT

MERTZ CT

MAC DUFF WY

WANZIA CT

CURLEW CT

ITTURRERIA DR
ACCESS

SUNSET CT

KIRKWALL WY

TROUT CREEK LN

HOFFMAN CT

SHIRLINDA WY

TUSCANY CT

PUFFIN CT

SIERRA CREEK CT

DAMARA CT

ANEMONE CT

CHARBRAY CT
ALPINE CREEK DR.

TIREE PL

DEMSEY CT

SHETLAND WY

AMADOR CREEK LN

CHESTERFIELD CT

NORDELL PL

JUAREZ CT

BELLFLOWER CT

TERSK CT

CANYON CT

W LAS PALMAS AVE
E ST
N 6TH ST

HORIZON LN

OASIS LN

PORTRAIT LN
OASIS

NOSTALGIA AVE

MIRROR CT ECHO CT

ILLUSION CT
§¨¦5
T.W. Patterson
Sports
Complex
Apricot Valley
Elementary
Creekside
Middle School Patterson High School
Las Palmas
School
Northmead
School
Catholic School
Sacred Heart
Patterson
Community
Center & Pool
Lake
Walnut Grove
School
Villages of Patterson
Master Development Plan

ZACHARIAS ROAD

WARD AVE

W LAS PALMAS AVE

E LAS PALMAS AVE

WALNUT AVE

OLIVE AVE

EUCALYPTUS AVE

SYCAMORE AVE
S 2ND ST
Cal Trans /
CDF
Villa Del
Lago
West Patterson
Business Park
Master
Development
Plan

SPERRY AVE

BALDWIN ROAD

ELM AVE

LEMON AVE

ORANGE AVE

ELFERS ROAD

BARTCH AVE

W MARSHALL ROAD

ROGERS ROAD

DEL PUERTO CANYON ROAD
Waste Water Treatment Plant
HIGHWAY 33
0 0.25 0.5 1
Miles
General Plan Updated January 2014
-
Legend
City Limits
Sphere of Influence
Agriculture Transition Areas
Estate Residential
Low Density Residential
Medium Density Residential
High Density Residential
Downtown Residential
Highway Service Commercial
Downtown Core
General Commercial
Mixed Use
Medical Professional
Light Industrial
Heavy Industrial
Public/Quasi-Public
Parks/Open Space
Lake

7.1.f
Packet Pg. 340 Attachment: General Plan Jan 2014 (Resolution No.2022-64 Rogers Road Retail and Business Park) 11-01
05-04
01-04
95-01
05-06
01-01
99-01
07-02 09-02
01-02
05-03
02-03
09-01
00-01
06-01
02-05
02-04
05-02
06-03
04-01
06-02
03-01 05-05
07-05
01-03
ACCESS

DANIEL RD

SPENO DR

RENZO LN

ANNAMARIE AVE

OSSIE ST

CARME N WY
ACCESS
N 2ND ST
¨¦§I-5
¨¦§I-5
«¬HWY 33
«¬HWY 33

WARD AVE

BALDWIN RD

SPERRY AVE

ROGERS RD

ZACHARIAS RD

OLIVE AVE

ELFERS RD

SYCAMORE AVE
N 1ST ST

WALNUT AVE
M ST
I ST

BARTCH AVE

LOCUST AVE
J ST
L ST
K ST

EUCALYPTUS AVE
C ST
N 3RD ST

DEL PUERTO CANYON RD
S 1ST ST

S DEL PUERTO AVE
N 4TH ST

POPPY AVE
S 2ND ST

DIABLO GRANDE PKWY

ORANGE AVE
D ST

E LAS PALMAS AVE
S 3RD ST
N 5TH ST
F ST

IVY AVE

CALVINSON PKWY

SHEARWATER DR

LEMON AVE

RAINES RD
S 9TH ST

FIG AVE
N 7TH ST
S 4TH ST
E ST
H ST

W LAS PALMAS AVE

HENLEY PKWY

AMERICAN EAGLE AVE

ACACIA AVE
S 5TH ST

N SALADO AVE
S 6TH ST
N 9TH ST

QUINCE AVE

RED ROBIN DR

CLOVER AVE

ROADRUNNER DR

PIPIT DR

ROSE AVE

DAISY DR

N HARTLEY ST

CLIFF SWALLOW DR

OSPREY DR

PHLOX DR

FINSTER ST

KESTREL DR

ALMOND AVE

MISTLETOE AVE
S 7TH ST

HOLLY AVE

WEBER AVE

BERLIN WY

PEREGRINE DR

KEYSTONE PACIFIC PKWY

BELLA FLORA LN

BARROS ST

MARIGOLD DR

HEARTLAND RANCH AVE

JAMES BURKE AVE

SEARS DR

GUSTAFSON AVE

DAHLIA AVE

JASMINE DR

TERN WY

SAMANTHA CREEK DR

LILAC AVE

PALOMINO WY

TRAINA DR

KINSHIRE WY

LORELEI LN

TYLER ST

AZALEA DR

ASHWOOD LN

PAINT WY

EIDER DR
8TH ST

S AMERICAN EAGLE AVE

CREEKSIDE DR
B ST

MILLWOOD DR

ANGUS ST

MORAY WY

IBIS DR

SCARLET LN

NUBIAN ST

TISSOT DR

PARK CENTER DR

BUCKSKIN WY

LEVERTON DR

PINTO WY

S HARTLEY ST

S EL CIRCULO

GARDEN PATCH WY

WALKER RANCH PKWY

N EL CIRCULO

TOGGENBURG ST

FAWN LILY DR

BULLFINCH DR

HANNAH DR

KEYSTONE BLV

LAVENDER LN

THRUSH DR

PLACER CREEK DR JERSEY LN

SWEET PEA DR

SKIMMER DR

MARISA DR

SPERRY RD

ORKNEY DR

WIGEON LN

MARY JANE AVE

TULIP LN

DURER DR

NEW FOREST WY

ROXANNE DR

ROSEMARY DR

VAN GOGH LN

LEATHER CREEK LN LONGHORN LN

VICKI LYNN LN

OAKWOOD LN

PERIWINKLE DR

WASHBURN ST

MACKILHAFFY DR

JAKE CREEK DR SWAN DR

MENDOCINO CREEK DR

TOYON LN

FLICKER LN

ARAMBEL DR

JEWEL FLOWER DR

BRAHMA ST

PASA FELIX DR

NICASTRO DR

HOLLYHOCK CI

LEMON BLOSSOM LN

BLUE HERRON DR

COUGAR CREEK DR

BECK CREEK LN

FALL AVE

GREBE LN

YELLOWHAMMER DR
N 6TH ST

HUNTER CREEK DR

SQUASH CREEK LN

NORTHMEAD WY

FOUNTAIN GRASS DR
MOE DR

DOWITCHER DR

GRANITE CREEK DR

GAUGIN WY

GANNET LN

POMELO AVE

ABELIA LN

SNOW CREEK LN

SHORTHORN ST

INAUDI DR

MAYETTE ST

LOGAN WY

SUNFLOWER DR

MARGUERITE LN

MEGHAN DR

WOLFPACK CT

MESSER PL

TOTMAN CT

PARAMATTA DR

CONDOR CT

EL CAMINO DR

DAYLILY LN

IMPERIAL LILY DR

HACKNEY ST

WALNUT CT

MADRONE LN

BOGDANICH WY

RIDGE CREEK LN

MORNING GLORY DR

PITSCOTTIE LN

CHESTERFIELD DR

STEEL CREEK DR

BENNETT DR

BRANGUS LN

BLUE FLAX DR

DYLAN CREEK DR

TARLAND LN

SWEETWOOD LN

THOROUGHBRED ST

MORAY CT

SPOONER CT

LOLA LN

HILLSTOCK CT

KNUTSON ST

CHERRY BLOSSOM LN

KINGFISHER DR

FRANQUETTE ST

WESTFIELD PL

BEAVER CREEK DR

GUERNSEY ST

BERRENDAS ST

AMBERINA DR

SPRING AVE

INAUDI CT

TYLER CT

WOOD CREEK DR

NOBLE PARK CI

SWEET BRIAR DR

PAYNE ST

P L A Z A

S SALADO AVE

HAMMON CT

CHASE ST

PINE CREEK LN

STONE CREEK LN

ORCHID LN
GITY

ANGORA ST

CORNFLOWER DR

BERTWOOD LN

N DEL PUERTO AVE

LA LYNN DR

KINGLET LN

SANDERLING DR

BROOK HOLLOW DR

SUMMER PHLOX LN

ALPINE CREEK DR GOLD CREEK DR

SUSAN ST

BLACK CROW LN

WANZIA LN

TENBRINK LN

SPANISH BARB WY

TEAL CT

WARBLER LN

MARSH WREN CT

CARLY CREEK DR

KLOPPING CT

CABANEL WY

DARPINO CT

ORANGE BLOSSOM LN

GNESA DR

MEADOW CREEK DR

AM B ERINA CT

ZINNIA CT

TORVEND WY

GOLDFINCH LN

WESTFIELD LN

DEER HOLLOW DR

WINTER LN

EUREKA ST

PEACH BLOSSOM LN

BEAR HOLLOW DR

ROCK CREEK LN

DE LASH CT

SUMMER LN

CABANEL LN

SPARROW HAWK LN

HANSEN CT

ARABIAN WY

SORREL CT

ROGERS CT

LA MARIA WY

HYACINTH DR

SAFFRON WY

HALLEY CT

BONNEAU CT GARDENIA CT MERTZ CT

EMILY CT

MAC DUFF WY

CURLEW CT

WANZIA CT
ACCESS

SUNSET CT

ITTURRERIA DR

KIRKWALL WY

HOFFMAN CT

TROUT CREEK LN

PUFFIN CT

SHIRLINDA WY

ROMANOV CT

SIERRA CREEK CT

DAMARA CT

ANEMONE CT MONET WY

DEMSEY CT

SHETLAND WY

AMADOR CREEK LN

CHESTERFIELD CT

NORDELL PL

JUAREZ CT

BELLFLOWER CT

PRIMAVERA WY

TERSK CT

CANYON CT

W LAS PALMAS AVE
E ST
N 6TH ST

OASIS LN

HORIZON LN

PORTRAIT LN
OASIS

NOSTALGIA AVE

MIRROR CT

IMAGE CT

ECHO CT

ILLUSION CT

HORIZON LN
I-5
I-5
§¨¦5
T.W. Patterson
Sports
Complex
Apricot Valley
Elementary
Creekside
Middle School
Patterson High School
Las Palmas School
Northmead
School
Catholic School
Sacred Heart
Patterson
Community
Center & Pool
Lake
Walnut Grove
School
Villages of Patterson
Master Development Plan

ZACHARIAS ROAD

WARD AVE

W LAS PALMAS AVE

E LAS PALMAS AVE

WALNUT AVE

OLIVE AVE

EUCALYPTUS AVE

SYCAMORE AVE
S 2ND ST
Cal Trans /
CDF
Villa Del
Lago
West Patterson
Business Park
Master Development
Plan

SPERRY AVE

BALDWIN ROAD
0 0.25 0.5 0.125
Miles
Revised January 2014
-
Legend
City Limits
Sphere of Influence
Planned Development
Historic Overlay Zone
Estate Residential
Low Density Residential
Medium Density Residential
High Density Residential
Downtown Residential
Highway Service Commercial
Downtown Core
General Commercial
Medical Professional
West Patterson Industrial Business Park
West Patterson Light Industrial
Light Industrial
Heavy Industrial
Public/Quasi-Public
Parks/Open Space
Lake
00-00

ROGERS ROAD
Arambel Business Park
/
KDN Retail Center
Master Development
Plan
6 7.1.g
Packet Pg. 341 Attachment: Zoning Map Jan 2014 (Resolution No.2022-64 Rogers Road Retail and Business Park) 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

7.1.h
Packet Pg. 342 Attachment: 18.42 Commercial Districts (Resolution No.2022-64 Rogers Road Retail and Business Park) 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

7.1.h
Packet Pg. 343 Attachment: 18.42 Commercial Districts (Resolution No.2022-64 Rogers Road Retail and Business Park) 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.

7.1.h
Packet Pg. 344 Attachment: 18.42 Commercial Districts (Resolution No.2022-64 Rogers Road Retail and Business Park) 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.

7.1.h
Packet Pg. 345 Attachment: 18.42 Commercial Districts (Resolution No.2022-64 Rogers Road Retail and Business Park)

7.1.i
Packet Pg. 346 Attachment: 18.46 Industrial Districts (Resolution No.2022-64 Rogers Road Retail and Business Park)

7.1.i
Packet Pg. 347 Attachment: 18.46 Industrial Districts (Resolution No.2022-64 Rogers Road Retail and Business Park)

7.1.i
Packet Pg. 348 Attachment: 18.46 Industrial Districts (Resolution No.2022-64 Rogers Road Retail and Business Park)

7.1.i
Packet Pg. 349 Attachment: 18.46 Industrial Districts (Resolution No.2022-64 Rogers Road Retail and Business Park)

7.1.i
Packet Pg. 350 Attachment: 18.46 Industrial Districts (Resolution No.2022-64 Rogers Road Retail and Business Park)

7.1.i
Packet Pg. 351 Attachment: 18.46 Industrial Districts (Resolution No.2022-64 Rogers Road Retail and Business Park)

7.1.i
Packet Pg. 352 Attachment: 18.46 Industrial Districts (Resolution No.2022-64 Rogers Road Retail and Business Park) NORTH AMERICA | EUROPE | AFRICA | AUSTRALIA | ASIA
WWW.FIRSTCARBONSOLUTIONS.COM
Initial Study/Addendum
KDN Property Rezone Project
City of Patterson, Stanislaus County, California
Prepared for:

City of Patterson
1 Plaza
Patterson, CA 95363
209.895.8024
Contact: Joel Andrews, City Planner
Prepared by:

FirstCarbon Solutions
1350 Treat Boulevard, Suite 380
Walnut Creek, CA 94597
925.357.2562
Contact: Mary Bean, Project Director
Grant Gruber, Project Manager
Date: August 17, 2022

7.1.j
Packet Pg. 353 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park)

THIS PAGE INTENTIONALLY LEFT BLANK

7.1.j
Packet Pg. 354 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum Table of Contents
FirstCarbon Solutions iii Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Table of Contents
Acronyms and Abbreviations.......................................................................................................iii Section 1: Introduction.................................................................................................................1

1.1 - Environmental Checklist.................................................................................................... 1

1.2 - Environmental Analysis and Conclusions............................................................................ 1

1.3 - Mitigation Monitoring Program.......................................................................................... 3 Section 2: Project Description.......................................................................................................5

2.1 - Location and Setting.......................................................................................................... 5

2.2 - Project Background ........................................................................................................... 5

2.3 - Project Characteristics....................................................................................................... 6

2.4 - Discretionary Approvals .................................................................................................... 6 Section 3: CEQA Checklist...........................................................................................................15

3.1 - Explanation of Checklist Evaluation Categories................................................................. 15

3.2 - Discussion and Mitigation Sections................................................................................... 16 I. Aesthetics, Light, and Glare .......................................................................................... 18 II. Agricultural and Forest Resources ................................................................................ 21 III. Air Quality ..................................................................................................................... 25 IV. Biological Resources...................................................................................................... 28 V. Cultural and Tribal Cultural Resources.......................................................................... 35 VI. Energy ........................................................................................................................... 39 VII. Geology, Seismicity, and Soils ....................................................................................... 40 VIII. Greenhouse Gas Emissions........................................................................................... 44 IX. Hazards and Hazardous Materials................................................................................. 46 X. Hydrology and Water Quality........................................................................................ 51 XI. Land Use and Planning.................................................................................................. 56 XII. Mineral Resources......................................................................................................... 58 XIII. Noise ............................................................................................................................. 59 XIV. Population and Housing................................................................................................ 61 XV. Public Services............................................................................................................... 63 XVI. Recreation..................................................................................................................... 66 XVII. Transportation............................................................................................................... 67 XVIII. Utilities and Service Systems ........................................................................................ 74 XIX. Wildfire.......................................................................................................................... 78 List of Exhibits
Exhibit 1: Regional Location Map ........................................................................................................... 7 Exhibit 2: Local Vicinity Map Aerial Base................................................................................................ 9 Exhibit 3: Site Photograph .................................................................................................................... 11 Exhibit 4: Proposed Parcel Map and Rezone ........................................................................................ 13

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Initial Study/Addendum Acronyms and Abbreviations
FirstCarbon Solutions iii Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx

ACRONYMS AND ABBREVIATIONS
°C degrees Celsius (Centigrade)
°F degrees Fahrenheit
µg/m3 micrograms per cubic meter
ARB California Air Resources Board
BMP Best Management Practices
CalEEMod California Emissions Estimator Model
CEQA California Environmental Quality Act
DTSC Department of Toxic Substances Control
EIR Environmental Impact Report
FMMP Farmland Mapping and Monitoring Program
LAFCo Local Agency Formation Commission
MLD Most Likely Descendant
MMRP Mitigation Monitoring and Reporting Program
mph miles per hour
NAHC Native American Heritage Commission
ND Negative Declaration
NPDES National Pollutant Discharge Elimination System
RWQCB Regional Water Quality Control Board
SWPPP Storm Water Pollution Prevention Plan
USFWS United States Fish and Wildlife Service
USGS United States Geological Survey
Valley Air District San Joaquin Valley Air Pollution Control District VOC volatile organic compounds

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Packet Pg. 358 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum Introduction
FirstCarbon Solutions 1 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx SECTION 1: INTRODUCTION
This Initial Study/Addendum, checklist, and attached supporting documents have been prepared to determine whether and to what extent the West Patterson Business Park Expansion Project Environmental Impact Report (EIR) (State Clearinghouse No. 2011082016) prepared for the City of Patterson remains sufficient to address the potential impacts of the proposed West Patterson Business Park Expansion Project (proposed project), or whether additional documentation is required under the California Environmental Quality Act (CEQA) (Public Resources Code [PRC] § 21000, et seq.).

1.1 - Environmental Checklist
Pursuant to Public Resources Code Section 21166, and CEQA Guidelines Sections 15162 and 15164, subd. (a), the attached Initial Study/Addendum has been prepared to evaluate the proposed project.

The attached Initial Study/Addendum uses the standard environmental checklist categories provided in Appendix G of the CEQA Guidelines, but provides answer columns for evaluation consistent with the considerations listed under CEQA Guidelines Section 15162, subd. (a).

1.2 - Environmental Analysis and Conclusions
CEQA Guidelines Section 15164, subd. (a) provides that the lead agency or a responsible agency shall prepare an Initial Study/Addendum to a previously certified Environmental Impact Report or Negative Declaration (ND) if some changes or additions are necessary but none of the conditions described in CEQA Guidelines Section 15162 calling for preparation of a subsequent EIR or ND have occurred (CEQA Guidelines, § 15164, subd. (a)).

An Addendum need not be circulated for public review but can be included in or attached to the Final EIR or ND (CEQA Guidelines § 15164, subd. (c)). The decision-making body shall consider the Initial Study/Addendum to the Certified EIR prior to making a decision on the proposed project (CEQA Guidelines § 15164, subd. (d)). An agency must also include a brief explanation of the decision not to prepare a subsequent EIR or ND pursuant to Section 15162 (CEQA Guidelines § 15164, subd. (e)).

Consequently, once an EIR or ND has been certified for a project, no subsequent EIR or ND is required under CEQA unless, based on substantial evidence:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or ND . . . due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 1 (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or ND . . . due to the 1 CEQA Guidelines Section 15382 defines “significant effect on the environment” as “ . . . a substantial, or potentially substantial adverse change in any of the physical conditions within the area affected by the project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance . . .” (PRC § 21068).

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Packet Pg. 359 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Introduction Initial Study/Addendum
2 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the ND was adopted. . . shows any of the following:

A. The project will have one or more significant effects not discussed in the previous EIR or ND.

B. Significant effects previously examined will be substantially more severe than shown in the previous EIR or ND.

C. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative.

D. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR or ND would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative (CEQA Guidelines, Section 15162, subd. (a); see also Pub.

Resources Code, Section 21166).

This Initial Study/Addendum, checklist, and attached documents constitute substantial evidence supporting the conclusion that preparation of a supplemental or subsequent EIR or ND is not required prior to approval of the above-referenced permits by responsible and trustee agencies, and provides the required documentation under CEQA.

This Initial Study/Addendum addresses the conclusions of the West Patterson Business Park Expansion Project EIR.

1.2.1 - Findings
There are no substantial changes proposed by the KDN Property Rezone Project or in the circumstances under which the proposed project would be implemented that would require major revisions of the West Patterson Business Park Expansion Project EIR (Certified EIR). The proposed revisions do not require preparation of a new subsequent or supplemental EIR, due to either the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. As illustrated herein, the proposed project is consistent with the previous West Patterson Business Park Expansion Project EIR and would involve only minor changes; therefore, an Initial Study/Addendum is appropriate CEQA compliance for the proposed project. Additionally, none of the mitigation measures identified in the Certified EIR apply to the KDN Property Rezone Project because no development is proposed at this time.

1.2.2 - Conclusions
The City of Patterson may approve the KDN Property Rezone Project based on this Initial Study/Addendum. The impacts of the proposed project remain within the impacts analyzed in the Certified EIR (CEQA Guidelines § 15164).

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Packet Pg. 360 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum Introduction
FirstCarbon Solutions 3 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx

1.3 - Mitigation Monitoring Program
As required by Public Resources Code Section 21081.6, subd. (a)(1), a Mitigation Monitoring and Reporting Program (MMRP) was adopted on July 31, 2012, for the West Patterson Business Park Expansion Project. However, the MMRP is not applicable to the KDN Property Rezone Project because no development is proposed at this time.

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Packet Pg. 362 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum Project Description
FirstCarbon Solutions 5 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx SECTION 2: PROJECT DESCRIPTION

2.1 - Location and Setting

2.1.1 - Location
The project site consists of approximately 101.96 acres located in the western portion of the City of Patterson, Stanislaus County, California; refer to Exhibit 1. The project site is bounded by the California Aqueduct (west), the Delta-Mendota Canal (north), and the balance of the undeveloped KDN Property (east and south); refer to Exhibit 2. The project site is located on the Patterson, California, United States Geological Survey (USGS) 7.5-minute Topographic Quadrangle Map, Township 5 South, Range 7 East, Section 9 (Latitude 37 28’16; Longitude 121 10’49” West).

2.1.2 - Environmental Setting
The project site contains fallow agricultural land and unpaved roads; there are no structures within this area. The project site contains flat relief that gently slopes toward the northeast. The project site is located at an elevation of 185 above mean sea level. The California Department of Conservation Farmland Mapping and Monitoring Program (FMMP) maps the project site as “Farmland of Local Importance.”
The California Aqueduct sits on a raised embankment at a higher elevation that the project site. The Delta-Mendota Canal is at the same elevation as the project site. No safety barriers are located along the canal to prevent or deter persons or vehicles from entering the waterway.

Exhibit 3 provides a photograph of the project site.

2.1.3 - General Plan and Zoning
The project site is designated ‘General Commercial’ by both the City of Patterson General Plan and Patterson Zoning Ordinance. This land use designation and zoning district permits a range of commercial land use activities including retail, restaurant (sit-down and drive-thru), lodging, and service uses (e.g., automotive and truck).

2.2 - Project Background

2.2.1 - West Patterson Business Park Expansion Project
The Patterson City Council approved the entitlements associated with the West Patterson Business Park Expansion Project and certified the associated EIR in 2012. In 2013, Stanislaus Local Agency Formation Commission (LAFCo) approved the annexation of the property into the Patterson city limits. The West Patterson Business Park Expansion Project contemplated 13.47 million square feet of light industrial and commercial uses on 776 net acres.

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Packet Pg. 363 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Project Description Initial Study/Addendum
6 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx The 2012 West Patterson Business Park Expansion Project consists of two components: the Arambel Business Park (620 net acres) and the KDN Property (156 net acres). 2 The Arambel Business Park
occupies the northern, central, and western portion of the West Patterson Business Park Expansion Project boundaries and includes the Restoration Hardware distribution center and an approved but unbuilt automobile auction facility. The KDN Property occupies the southern portion of the West Patterson Business Park Expansion Project boundaries and is undeveloped. Exhibit 2 depicts the boundaries of the KDN Property relative to the project studied in the Certified EIR. The project site for purposes of the analysis in this Addendum consists of 101.96 acres on the KDN Property as shown in Exhibit 2.

2.3 - Project Characteristics

2.3.1 - Project Summary
The project represents minor changes to the prior approvals to reflect existing market conditions.

The applicant is proposing to (1) split 101.96-acres of the KDN Property into two parcels3 (Parcel 1 and Parcel 2) and (2) change both the General Plan land use designation and zoning for Parcel 2 from ‘General Commercial’ to ‘Light Industrial,’ which would allow end users such as e-commerce, light manufacturing, research and development, and warehouse. (Parcel 1 would remain designated for General Commercial use.) The applicant’s request reflects changes in market conditions that indicate that the City of Patterson has an overabundance of undeveloped commercially zoned land. No end users have been identified for either parcel at the time of Addendum publication. Exhibit 4 depicts the proposed parcel map and rezone.

2.4 - Discretionary Approvals
The proposed project requires the following discretionary approvals from the City of Patterson • General Plan Amendment
• Rezone
• Parcel Map
2 The KDN ownership group sold its property to Baldwin Ranch Land Company LLC in July 2022. However, in the interests of avoiding confusion with the approved Baldwin North Master Plan and Baldwin Ranch Master Plan, it will be referred to as the KDN Property in this Addendum 3 Parcel 1 would total 42.08 acres and Parcel 2 would total 59.88 acres

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Packet Pg. 364 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) 57640001•08/2022| 1_Re gional_Location.m xd
Exhibit1
Re gionalLocation Map
Source :Census2000Data,The CaliforniaInform ation Library (CaSIL).

CITYOFPATTERSON

KDNPROPERTYREZONEPROJECT

INITALSTU DY/ADDENDU M
!
Henry Coe State Park
Stanislaus County
Stanislaus County
Santa Clara County
Merced County
Stanislaus County
San Joaquin County
Patterson
Gustine
Newman
Ceres
Modesto
Ripon
San
Joaquin
River
Crows landing
Westley
I 24,000 12,000 0 24,000
Fe e t
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Text
Project Site
Project Site
·|þ}
·|þ}
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·|þ}
·|þ}
·|þ}
Legend
City of Patterson
5 33
99 140
132
108

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Packet Pg. 366 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) 5 7640001•08/2022|2_Local_Vicinity.mxd
Exhibit2
LocalVicinityMap
Source:BingAerialImagery.

CITYOFPATTERSON

KDNPROPERTYREZONEPROJECT

INITALSTUDY/ADDENDUM
I
2,1001,05002,100Fe
et
Legend
KDNProperty
WestPattersonBusinessParkExpansionProjectBoundary
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D
e
l
L
a
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o

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Packet Pg. 368 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) 57640001 • 08/2022 | 3_Site_Photograph.cdr
Exhibit 3
Site Photograph

CITY OF PATTERSON

KDN PROPERTY REZONE PROJECT

INITIAL STUDY / ADDENDUM
Source: Grant Gruber, August 2022.

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Packet Pg. 370 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) 57640001 • 08/2022 | 4_Proposed_Parcel_Map_R
ezone.cdr
Exhibit 4
Proposed Parcel Map And Rezone

CITY OF PATTERSON

KDN PROPERTY REZONE PROJECT

INITIAL STUDY / ADDENDUM
Source: BC Engineering Group, December 10, 2021.

Bioretention Area
Parcel Map
Proposed Change from “General Commercial” t
o
“Light Industrial"

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Packet Pg. 372 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 15 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx SECTION 3: CEQA CHECKLIST
The purpose of the checklist is to evaluate the categories in terms of any changed condition (e.g., changed circumstances, project changes, or new information of substantial importance) that may result in a changed environmental result (e.g., a new significant impact or substantial increase in the severity of a previously identified significant effect) (CEQA Guidelines § 15162).

The questions posed in the checklist come from Appendix G of the CEQA Guidelines. A “no” answer does not necessarily mean that there are no potential impacts relative to the environmental category, but that there is no change in the condition or status of the impact since it was analyzed and addressed with mitigation measures in the Certified EIR. These environmental categories might be answered with a “no” in the checklist, since the proposed project does not introduce changes that would result in a modification to the conclusion of the previously approved CEQA document.

This Initial Study/Addendum addresses the conclusions of the West Patterson Business Park Expansion Project EIR.

3.1 - Explanation of Checklist Evaluation Categories
(1) Conclusion in West Patterson Business Park Expansion Project EIR and Related Documents
This column summarizes the conclusion of the West Patterson Business Park Expansion Project EIR and the Findings of the City in certifying the EIR and approving the project relative to the environmental issue listed under each topic. (2) Do the Proposed Changes Involve New Impacts?
Pursuant to CEQA Guidelines Section 15162, subd. (a)(1), this column indicates whether the changes represented by the revised project will result in new significant environmental impacts not previously identified or mitigated by the West Patterson Business Park Expansion Project EIR or whether the changes will result in a substantial increase in the severity of a previously identified significant impact. (3) New Circumstances Involving New Impacts?
Pursuant to CEQA Guidelines Section 15162, subd. (a)(2), this column indicates whether there have been substantial changes with respect to the circumstances under which the project is undertaken that will require major revisions to the West Patterson Business Park Expansion Project EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. (4) New Information Requiring New Analysis or Verification? Pursuant to CEQA Guidelines Section 15162, subd. (a)(3)(A-D), this column indicates whether new information of substantial importance, which was not known and could not have been

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Packet Pg. 373 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
16 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx known with the exercise of reasonable diligence at the time the West Patterson Business Park Expansion Project EIR was certified, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR or ND;
(B) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

If the additional analysis completed as part of this environmental review were to find that the conclusions of the West Patterson Business Park Expansion Project EIR remain the same and no new significant impacts are identified, or identified impacts are not found to be substantially more severe, or additional mitigation is not necessary, then the question would be answered “no” and no additional environmental document would be required. (5) Mitigation Measures Implemented or Address Impacts
Pursuant to CEQA Guidelines Section 15162, subd. (a)(3), this column indicates whether the West Patterson Business Park Expansion Project EIR provides mitigation measures to address effects in the related impact category. Any previously adopted mitigation measures will identified. The response will also address proposed revisions to previously adopted mitigation measures. These mitigation measures will be implemented with the construction of the project, as applicable. If “NA” is indicated, the Certified EIR has concluded that the impact either does not occur with this project or is not significant, and therefore no additional mitigation measures are needed.

3.2 - Discussion and Mitigation Sections
(1) Discussion
A discussion of the elements of the checklist is provided under each environmental category in order to clarify the answers. The discussion provides information about the particular environmental issue, how the project relates to the issue, and the status of any mitigation that may be required or that has already been implemented. (2) Mitigation Measures
Applicable mitigation measures from the West Patterson Business Park Expansion Project EIR that apply to the proposed project are listed under each environmental category.

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Packet Pg. 374 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 17 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx (3) Conclusions
A discussion of the conclusion relating to the analysis is contained in each section.

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Packet Pg. 375 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
18 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Environmental Issue
Area
Conclusion in
Certified EIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
I. Aesthetics, Light, and Glare
Except as provided in Public Resources Code Section 21099, would the project:
a) Have a substantial
adverse effect on a scenic
vista?
Less than
significant
impact
No No No None
b) Substantially damage
scenic resources,
including, but not limited
to, trees, rock
outcroppings, and historic
building within a State
Scenic Highway?
Less than
significant
impact
No No No None
c) In non-urbanized areas,
substantially degrade the
existing visual character
or quality of public views
of the site and its
surroundings? (Public
views are those that are
experienced from publicly
accessible vantage point).

If the project is in an
urbanized area, would
the project conflict with
applicable zoning and
other regulations
governing scenic quality?
Less than
significant
impact
No No No None
d) Create a new source of
substantial light or glare
which would adversely
affect day or nighttime
views in the area?
Less than
significant
impact
No No No None
Discussion
a) The Certified EIR found that the development of the approved business park would maintain views of the Diablo Range to the west because of topography, building height limits, setbacks from roadways and, therefore, not adversely affect views of a scenic vista. The Certified EIR concluded that impacts would be less than significant.

The proposed project would subdivide the KDN Property into two parcels and would rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and,

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Packet Pg. 376 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 19 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx therefore, no adverse impacts on scenic vistas would occur. As such, the conclusions of the EIR remain unchanged.
b) The Certified EIR noted that Interstate 5 (I-5) is a designated State Scenic Highway, and the project site is visible from the freeway. The Certified EIR noted that I-5 sits on an embankment at a higher elevation that the project site and, thus, development of the business park would not obstruct views from the freeway. Furthermore, the business park’s master development plan includes design standards to break up building massing, limit buildings to no more than 45 feet above finished grade, screen parking and loading areas, and a prohibition on outdoor storage to ensure a visually compatible appearance. The Certified EIR concluded that impacts would be less than significant.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no adverse impacts on state scenic highways would occur. As such, the conclusions of the Certified EIR remain unchanged.
c) The Certified EIR analyzed the development of 13.47 million square feet of business park uses on approximately 776 acres and, thus, would irreversibly change the visual character of the project site. The Certified EIR indicated that the City of Patterson General Plan designated the project site for light industrial and general commercial development and, thus, the development of such uses was consistent with the City’s long term planning objectives.

Furthermore, the business park’s master development plan includes design standards to break up building massing, limit buildings to no more than 45 feet above finished grade, screen parking and loading areas, and a prohibition on outdoor storage to ensure a visually compatible appearance. The Certified EIR concluded that impacts would be less than significant.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no adverse impacts on visual character would occur. As such, the conclusions of the Certified EIR remain unchanged.
d) The Certified EIR indicated that development of the business park would introduce new exterior sources of light and glare including streetlights, parking lot lights, and illuminated signage. The business park’s master development plan includes design standards for lighting that include the use of cut-off fixtures, shielding, and require all lighting to be directed downward. The Certified EIR concluded that impacts would be less than significant.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new sources of light and glare would be introduced. As such, the conclusions of the EIR remain unchanged.

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Packet Pg. 377 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
20 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Mitigation Measures
None.

Conclusion
The conclusions from the Certified EIR remain unchanged.

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Packet Pg. 378 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 21 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Environmental Issue
Area
Conclusion in
Certified EIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
II. Agricultural and Forest Resources
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the State’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:
a) Convert Prime
Farmland, Unique
Farmland, or Farmland
of Statewide
Importance (Farmland),
as shown on the maps
prepared pursuant to
the Farmland Mapping
and Monitoring
Program of the
California Resources
Agency, to
nonagricultural use?
Significant
unavoidable
impact
No No No None
b) Conflict with existing
zoning for agricultural
use, or a Williamson Act
Contract?
Less than
significant
impact with
mitigation
incorporated
No No No MM AG-2
c) Conflict with existing
zoning for, or cause
rezoning of, forest land
(as defined in Public
Resources Code Section
12220(g)), timberland
(as defined by Public
Resources Code Section
4526), or timberland
zoned Timberland
Production (as defined
by Government Code
Section 51104(g))?
No impact No No No None
d) Result in the loss of
forest land or
conversion of forest
land to non-forest use?
No impact No No No None

7.1.j
Packet Pg. 379 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
22 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Environmental Issue
Area
Conclusion in
Certified EIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
e) Involve other changes in
the existing
environment which, due
to their location or
nature, could result in
conversion of Farmland,
to nonagricultural use or
conversion of forest
land to non-forest use?
Less than
significant
impact with
mitigation
incorporated
No No No MM AG-3
Discussion
a) The Certified EIR found that buildout of the business park would result in the conversion of up to 1,108.69 acres of Important Farmland to nonagricultural use. The Certified EIR set forth Mitigation Measure AG-1, which required the preservation of an equivalent amount of converted farmland; however, that mitigation measure was found to be infeasible and stricken in the Final EIR Errata. As such, the Certified EIR concluded that impacts would be significant and unavoidable.

The KDN Property contains fallow farmland and is mapped as Farmland of Local Importance by the California Department of Conservation. Farmland of Local Importance does not fall under the Important Farmland umbrella. Regardless, the proposed project would split the KDN Property into two parcels and rezone one of them to Light Industrial use. No new development would occur and, thus, no farmland would be converted to nonagricultural use. As such, the conclusions of the Certified EIR remain unchanged.
b) The Certified EIR indicated that the project site contained cultivated agricultural uses and two parcels were encumbered by active Williamson Act contracts, which were set to expire at the end of 2012 and 2014, respectively. The Certified EIR set forth Mitigation Measure AG-2, which required payment of the Williamson Act cancellation fee if they had not expired at the time of final map recordation. The Certified EIR also indicated that the project site was zoned “General Agriculture – 40 Acre Minimum” by the Stanislaus County Zoning Ordinance, an agricultural zoning district. The Certified EIR noted that the proposed project would prezone the site to “General Commercial” and “Light Industrial,” which would resolve any conflicts with existing zoning. The Certified EIR concluded that impacts would be less than significant.

The KDN Property was not encumbered by either of the two Williamson Act contracts.

Moreover, both contracts have expired, which eliminates any possibility of conflicts with an active Williamson Act contract. Hence, Mitigation Measure AG-2 is no longer applicable and does not apply. The KDN Property is currently zoned “General Commercial” and a portion is proposed to be rezoned to “Light Industrial.” Both of these zoning districts are nonagricultural

7.1.j
Packet Pg. 380 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 23 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx in nature. No conflicts with Williamson Act contracts or agricultural zoning would occur. As such, the conclusions of the Certified EIR remain unchanged. c-d) The Certified EIR indicated that the project site contained cultivated agricultural uses and did not support commercially harvestable stands of trees. The Certified EIR also indicated that the project site was zoned “General Agriculture – 40 Acre Minimum” by the Stanislaus County Zoning Ordinance, a non-forest zoning district. Thus, no forestland would be converted to nonforest use and no conflicts with forest zoning would occur. The Certified EIR concluded that no impact would occur.

The KDN Property contains fallow agricultural land and is zoned “General Commercial” by the Patterson Zoning Ordinance. The proposed project involves rezoning a portion of this property to “Light Industrial,” a non-forest zoning district. Thus, no forestland would be converted to non-forest use and no conflicts with forest zoning would occur. As such, the conclusions of the Certified EIR remain unchanged.
e) The Certified EIR found that buildout of the business park would create pressures to convert surround agricultural land to nonagricultural use. The Certified EIR set forth Mitigation Measure AG-3, which required the establishment of 150-foot buffers between the business park and agricultural land in unincorporated Stanislaus County zoned A-2. The Certified EIR concluded that impacts would be less than significant with mitigation.

The KDN Property is located in the Patterson city limits and is entirely surrounded by land within the city limits. As such, it does not abut any agricultural land in unincorporated Stanislaus County zoned A-2. Thus, Mitigation Measure AG-3 would not apply. As such, the conclusions of the Certified EIR remain unchanged.

Mitigation Measures
MM AG-2 In the event that the Williamson Act contracts that encumber Assessor’s Parcel Nos. 021-025-020 or 021-025-026 have not expired at the time of recordation of the first final map, the project applicant shall pay the Williamson Act contract cancellation fee as determined by the Stanislaus County Assessor’s Office. This mitigation measure does not apply if both Williamson Act contracts have expired prior to recordation of the final map. [This mitigation measure is no longer applicable and does not apply to the proposed project]
MM AG-3 Prior to recordation of the final maps that adjoin lands in unincorporated Stanislaus County, the project applicant shall prepare and submit plans to the City of Patterson demonstrating that 150-foot minimum setbacks have been established between the proposed project and all agricultural lands in unincorporated Stanislaus County zoned General Agriculture (A-2). Pursuant to the County’s policy, permitted uses within the setback may include public roadways, utilities, drainage facilities, rivers and adjacent riparian areas, landscaping, parking lots, and similar low-peopleintensive uses. Permitted uses may also include nonagricultural uses adjoining or

7.1.j
Packet Pg. 381 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
24 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx surrounding a project site (including but not limited to legal, non-conforming uses and home sites) that are of a permanent nature and are not likely to be returned to agriculture. Landscaping within a buffer setback area shall be designed to exclude turf areas that could induce activities and add to overall maintenance costs and water usage. [This mitigation measure does not apply to the proposed project] Conclusion
The conclusions from the Certified EIR remain unchanged.

7.1.j
Packet Pg. 382 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 25 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Environmental Issue
Area
Conclusion in
Certified EIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
III. Air Quality
Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct
implementation of the
applicable air quality
plan?
Significant
unavoidable
impact
No No No MMs AIR-3a,
AIR-3b, PSU6a, PSU-6b,
TRANS-6
b) Result in a cumulatively
considerable net
increase of any criteria
pollutant for which the
project region is
nonattainment under an
applicable federal or
State ambient air quality
standard?
Significant
unavoidable
impact
No No No MMs AIR-3a,
AIR-3b
c) Expose sensitive
receptors to substantial
pollutant
concentrations?
Less than
significant
impact
No No No None
d) Result in other
emissions (such as those
leading to odors or)
adversely affecting a
substantial number of
people?
Less than
significant
impact with
mitigation
incorporated
No No No MM AIR-5
Discussion
a) The Certified EIR found that buildout of the business park would result in criteria pollutant emissions that exceed San Joaquin Valley Air Pollution Control District (Valley Air District) thresholds. The Certified EIR set forth Mitigation Measures AIR-3a, AIR-3b, PSU-6a, PSU-6b, and TRANS-6, which required various types of emission reduction measures to be implemented during construction and operations. However, the mitigation measures would not reduce project-related emissions to below Valley Air District thresholds and, therefore, the project is inconsistent with the agency air quality management plan. As such, the Certified EIR concluded that impacts would be significant and unavoidable. A statement of overriding considerations was adopted prior to project approval.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 from ‘General Commercial’ to ‘Light Industrial.’ No new construction would occur as a result of

7.1.j
Packet Pg. 383 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
26 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx these actions and, therefore, no new criteria pollutant emissions would be emitted. As such, the conclusions of the Certified EIR remain unchanged.
b) The Certified EIR found that buildout of the business park would result in criteria pollutant emissions that exceed Valley Air District thresholds. The Certified EIR set forth Mitigation Measures AIR-3a, AIR-3b, PSU-6a, PSU-6b, and TRANS-6, which required various types of emission reduction measures to be implemented during construction and operations.

However, the mitigation measures would not reduce project-related emissions to below Valley Air District thresholds. As such, the Certified EIR concluded that impacts would be significant and unavoidable.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 from ‘General Commercial’ to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new criteria pollutant emissions would be emitted. As such, the conclusions of the Certified EIR remain unchanged.
c) The Certified EIR found that buildout of the business park would result in new sources of toxic air contaminants including diesel particulate matter and ground-disturbing activities could result in exposure to Valley Fever. Emissions modeling showed that toxic air contaminant concentrations at the nearest sensitive receptor would be within acceptable levels.

Furthermore, implementation of standard dust abatement measures in accordance with Valley Air District Regulation VIII would limit Valley Fever exposure. The Certified EIR concluded that impacts would be less than significant.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 from ‘General Commercial’ to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new toxic air contaminant emissions would be emitted or a net increase in Valley Fever exposure would occur. As such, the conclusions of the Certified EIR remain unchanged.
d) The Certified EIR found that buildout of the business park would result in new sources of objectionable odors from an on-site wastewater treatment plant. The Certified EIR set forth Mitigation Measure AIR-5, which required an odor management plan to be prepared and implemented. The on-site wastewater treatment plant was subsequently eliminated from this project. The Certified EIR concluded that impacts would be less than significant.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 from ‘General Commercial’ to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new sources of odors would be introduced. As such, the conclusions of the Certified EIR remain unchanged.

Mitigation Measures
MM AIR-3a Prior to issuance of building permits for each use, the project applicant shall demonstrate compliance with all applicable requirements of San Joaquin Valley Air

7.1.j
Packet Pg. 384 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 27 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Pollution Control District, Rule 9510 via the submittal of a Rule 9510 Implementation Plan to the City of Patterson for review and approval. The implementation plan shall achieve a 33 percent reduction in NOX and a 45 percent reduction in PM10 over the first 10 years of operations through the use of on-site emissions reduction measures or through the payment of off-site mitigation fees to the SJVAPCD [Valley Air District] for purchase of emission reductions. The requirements of the approved implementation plan shall be incorporated into the proposed project.

MM AIR-3b Prior to issuance of building permits for any use that would receive 10 or more truck deliveries per week, the project applicant shall demonstrate that the following antiidling measures would be implemented:
• Provide available electricity hookups for trucks in the loading dock areas. • Signs shall be posted in dock areas advising drivers of the maximum allowable idling time in accordance with California Air Resources Board regulations. • Telephone numbers of the building facilities manager and the California Air Resources Board shall be posted on signs at truck entrances to report idling violations.

MM AIR-5 Prior to commencement of on-site wastewater treatment plant operations, the project applicant shall prepare and submit a plan outlining Odor Control Best Management Practices to the City of Patterson and the San Joaquin Valley Air Pollution Control District for review and approval. The plan shall identify measures and practices that would prevent or minimize the release of objectionable odors from plant operations. The approved plan shall be incorporated into the proposed project.

Conclusion
The conclusions from the Certified EIR remain unchanged.

7.1.j
Packet Pg. 385 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
28 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Environmental Issue
Area
Conclusion in
Certified EIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
IV. Biological Resources
Would the project:
a) Have a substantial
adverse effect, either
directly or through
habitat modifications,
on any species identified
as a candidate,
sensitive, or specialstatus species in local or
regional plans, policies,
or regulations, or by the
California Department
of Fish and Wildlife or
United States Fish and
Wildlife Service?
Less than
significant
impact with
mitigation
incorporated
No No No MMs BIO-1a,
BIO-1b, BIO1c, BIO-1d,
BIO-1e
b) Have a substantial
adverse effect on any
riparian habitat or other
sensitive natural
community identified in
local or regional plans,
policies, and regulations
or by the California
Department of Fish and
Wildlife or United States
Fish and Wildlife
Service?
Less than
significant
impact with
mitigation
incorporated
No No No MM BIO-2
c) Have a substantial
adverse effect on State
or federally protected
wetlands (including, but
not limited to, marsh,
vernal pool, coastal,
etc.) through direct
removal, filling,
hydrological
interruption, or other
means?
Less than
significant
impact with
mitigation
incorporated
No No No MM BIO-2

7.1.j
Packet Pg. 386 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 29 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Environmental Issue
Area
Conclusion in
Certified EIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
d) Interfere substantially
with the movement of
any native resident or
migratory fish or wildlife
species or with
established native
resident or migratory
wildlife corridors, or
impede the use of
wildlife nursery sites?
Less than
significant
impact with
mitigation
incorporated
No No No MM BIO-4
e) Conflict with any local
policies or ordinances
protecting biological
resources, such as a tree
preservation policy or
ordinance?
Less than
significant
impact with
mitigation
incorporated
No No No MMs BIO-1a,
BIO-1b, BIO1c, BIO-1d,
BIO-1e, BIO-2,
BIO-4
f) Conflict with the
provisions of an
adopted Habitat
Conservation Plan,
Natural Community
Conservation Plan, or
other approved local,
regional, or State
habitat conservation
plan?
No impact No No No None
Discussion
a) The Certified EIR found that buildout of the business park would result in potential impacts on special-status wildlife species. The Certified EIR set forth Mitigation Measures BIO-1a, BIO-1b, BIO-1c, BIO-1d, and BIO-1e, which required various pre-construction surveys and species protection measures. The Certified EIR concluded that impacts would be less than significant with mitigation.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new impacts on special-status species would occur. As such, the conclusions of the Certified EIR remain unchanged.
b) The Certified EIR found that buildout of the business park would result in potential impacts on riparian habitat as a result of the construction of a new bridge over Del Puerto Creek. The Certified EIR set forth Mitigation Measure BIO-2, which required compliance with permitting

7.1.j
Packet Pg. 387 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
30 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx requirements. The Certified EIR concluded that impacts would be less than significant with mitigation.

The KDN Property is 1.3 miles from Del Puerto Creek. The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ Construction of a new bridge over Del Puerto Creek would be required and would be in constructed in substantially the same manner as analyzed in the Certified EIR. No new or additional construction (including bridge construction) would occur as a result of these actions and, therefore, no new impacts on riparian habitat would occur. As such, the conclusions of the Certified EIR remain unchanged.
c) The Certified EIR found that buildout of the business park would result in potential impacts on wetlands as a result of the construction of a new bridge over Del Puerto Creek. The Certified EIR set forth Mitigation Measure BIO-2, which required compliance with permitting requirements. The Certified EIR concluded that impacts would be less than significant with mitigation.

The KDN Property is 1.3 miles from Del Puerto Creek. The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new or additional construction (including bridge construction) would occur as a result of these actions and, therefore, no new impacts on wetlands would occur. As such, the conclusions of the Certified EIR remain unchanged.
d) The Certified EIR found that buildout of the business park would result in potential impacts on wildlife movement as a result of develop near Del Puerto Creek including the construction of a new bridge. The Certified EIR set forth Mitigation Measure BIO-4, which requires a 100-foot setback from the creek for new development. The Certified EIR concluded that impacts would be less than significant with mitigation.

The KDN Property is 1.3 miles from Del Puerto Creek. The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction (including bridge construction) would occur as a result of these actions and, therefore, no new impacts on wildlife movement would occur. As such, the conclusions of the Certified EIR remain unchanged.
e) The Certified EIR found that buildout of the business park would result in potential conflicts with locally adopted biological ordinances and policies. The Certified EIR set forth Mitigation Measures BIO-1a, BIO-1b, BIO-1c, BIO-1d, BIO-1e, BIO-2, and BIO-4 which required various preconstruction surveys and species protection measures. The Certified EIR concluded that impacts would be less than significant with mitigation.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new conflicts with locally adopted biological ordinances and policies would occur.

As such, the conclusions of the Certified EIR remain unchanged.

7.1.j
Packet Pg. 388 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 31 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx f) The Certified EIR found that the business park project site is not within the boundaries of an adopted conservation plan. This condition precludes the possibility of conflicts with such a plan. The Certified EIR concluded that no impact would occur.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction (including bridge construction) would occur as a result of these actions and, therefore, no conflicts with a conservation plan would occur. As such, the conclusions of the Certified EIR remain unchanged.

Mitigation Measures
MM BIO-1a No more than 14 days prior to ground-disturbing activities that occur within the nesting season (typically from mid-February to mid-September), a qualified biologist shall perform a pre-construction survey for burrowing owl, loggerhead shrike, or nesting migratory birds active within the project site and within a 200-foot buffer of the project site to determine the presence or absence of these species. If these species are determined to be present, the applicant shall follow the guidelines outlined by the California Department of Fish and Game and/or the U.S. Fish and Wildlife Service:
• If burrowing owls are found on-site during the nesting season (February 1 to August 31), they shall be avoided by a 250-foot work-free buffer until it has been determined by a qualified biologist that the young have fledged and are independent of their parents. The 250-foot week-free buffer will be clearly defined (e.g., with orange construction fencing), and a biological monitor will visit the site randomly throughout the breeding season to ensure the area remains work-free and the owls are not negatively affected by construction activities. • If loggerhead shrike or any other migratory birds are found nesting on-site, a 50- foot work-free buffer area will be established and monitored by a qualified biologist until young have fledged and are independent of their parents. Again, nests and work-free buffers would be monitored.
• If burrowing owls occur on the project area during the wintering season (September 1 to January 31), and construction is slated to begin during this time and active burrows cannot be avoided, an eviction of owls can be conducted to ensure owls move off the site prior to commencement of construction. The eviction process includes the installation of one-way doors that remain in all burrows of suitable size for at least 3 days, monitored by a qualified biologist, and then hand-excavating burrows to ensure no owl remains in the burrow. Once the site is clear of owls, the burrows can be backfilled, after which ground-disturbing construction activity can commence.
• In the unlikely event burrowing owls are found on-site, mitigation lands must be purchased to offset the loss of their habitat. The standard mitigation lands required to loss of habitat is 6.5 acres for every pair of owls found on-site.

7.1.j
Packet Pg. 389 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
32 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx MM BIO-1b No more than 14 days prior to ground-disturbing activities during the breeding season (February 1 to August 31), a qualified biologist shall perform preconstruction surveys for the Swainson’s hawk in accordance with the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley. In accordance with the guidelines, surveys shall occur within a 0.5-mile radius of the site, and shall involve a minimum of two survey periods. In the event that one or more Swainson’s hawks are observed to be nesting, a work-free buffer area shall be established and monitored by a qualified biologist. The biologist shall have the discretion to determine the appropriate buffer, which may involve consultation with the California Department of Fish and Game, as appropriate. The biologist shall determine when the nest has been vacated, at which point, the work-free buffer area can be removed.

MM BIO-1c Prior to issuance of grading permits, the applicant shall provide documentation to the City of Patterson demonstrating that Swainson’s hawk foraging habitat mitigation has been obtained at a ratio of 0.50 acre for each 1.00 acre of suitable foraging habitat developed. “Suitable foraging habitat” consists of row crops or fallow fields that would be affected by construction activities. Land planted as orchards shall not be treated as suitable foraging habitat pursuant to the guidance in the Mitigation Guidelines for Swainson’s Hawk. The applicant shall mitigate for the loss of Swainson’s hawk foraging habitat through (1) payment of $600 per acre for off-site preservation of foraging habitat to a resource agency or a third-party organization acceptable to a resource agency or (2) acquisition of an irrevocable instrument (e.g., deed restriction or easement) for preservation of foraging habitat on a property that provides habitat of equal or greater quality. This mitigation measure may be coordinated with Mitigation Measure AG-1.

MM BIO-1d The project applicant shall adhere to the following requirements to avoid or minimize adverse impacts on the San Joaquin kit fox:
• No more than 14 days prior to the first ground-disturbing activity, a qualified biologist shall thoroughly walk the project site, as well as a 200-foot buffer around the perimeter of the project site, to locate potential San Joaquin kit fox dens. If no dens are located, no further surveys efforts are required. If dens are located during this survey effort, the status of the dens shall be assessed and the USFWS and CDFG shall be consulted.
• All vehicles operating within the construction area shall observe a maximum 20- mph speed limit.
• All ground-disturbing construction activities shall occur during daylight hours. • All excavated, steep-walled holes or trenches more than 2 feet deep shall be covered at the close of each work day or shall have escape ramps constructed of earth fill or wooden planks installed. Before such holes or trenches are filled, they shall be thoroughly inspected for trapped animals. If an animal is found within these structures, the animal shall be allowed to leave on its own without harm or harassment.

7.1.j
Packet Pg. 390 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 33 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx • All construction piles, culverts, or similar structures with a diameter of 4 inches or greater that are stored at the construction site shall be thoroughly inspected for animals prior to burial, capping, or moving. If a kit fox is found within any of these structures, the structure shall remain untouched until the kit fox has vacated the structure; if necessary, the USFWS and CDFG shall be consulted. • All food-related trash shall be disposed of in closed containers and removed from the construction site at a minimum of once per week.
• Prior to the first ground-disturbing activity, a qualified biologist shall conduct an employee education program for construction personnel. The education program shall include a physical description of the kit fox, methods of impact avoidance, and points of contact should an impact occur or potentially occur. A fact sheet covering all of this information shall be provided to each employee. • The applicant shall establish a point of contact for construction personnel in the event that a kit fox is accidentally injured or killed. • Prior to ground-disturbing activities, the City shall retain a qualified biologist to conduct periodic inspections of the project site during construction to ensure compliance with the above measures.
• The CDFG shall be notified immediately and the Sacramento Fish and Wildlife office shall be notified within 3 days if a kit fox is injured or killed.

MM BIO-1e Prior to removal of any trees (including orchard and ornamental) or structures (barns) on the project site, the project applicant shall retain a qualified biologist to conduct presence/absence surveys for bat species. Bats shall not be disturbed during the breeding season (typically between May and August), or when using a winter hibernaculum (typically between November and February). If bats are found to be present in trees on-site, systematic removal of select tree branches would be required several days prior to the removal of the trees. This work shall be done under the supervision of a qualified biologist. If bats are found to be present in structures, partial removal of the roof shall be required within several days of building demolition. This work shall be conducted under the supervision of a qualified biologist.

MM BIO-2 Prior to issuance of grading permits for construction activities that would occur within 100 feet of Del Puerto Creek, the project applicant shall retain a qualified biologist to prepare and submit a Jurisdictional Delineation to the appropriate resource agencies for review and approval. Such agencies may include but are not limited to the United States Army Corps of Engineers, the California Department of Fish and Game, and the Central Valley Regional Water Quality Control Board. Should the approved Jurisdictional Delineation determine that the project would impact regulated resources, the applicant shall obtain the necessary regulatory permits and mitigate impacts through (1) avoidance of the resources; (2) off-site restoration of features of equal or greater value; or (3) purchase of credits at an agency-approved mitigation bank in the region at no less than a 1:1 ratio.

7.1.j
Packet Pg. 391 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
34 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx MM BIO-4 Prior to recordation of the final map for the proposed project, the project applicant shall prepare and submit plans to the City of Patterson that demonstrate that physical improvements associated with the proposed project maintain a minimum 100-foot setback from the Del Puerto Creek high water mark, or outside edge of existing riparian vegetation, whichever is greater. Stream crossings are exempt from this setback requirement; however, they must either (1) completely span the creek channel, where feasible; or (2) where a span is not feasible, footings must be located as far away from the creek’s low-flow channel as feasible. Utility improvements are also exempt from this setback requirement.

Conclusion
The conclusions from the Certified EIR remain unchanged.

7.1.j
Packet Pg. 392 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 35 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Environmental Issue
Area
Conclusion in
Certified EIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
V. Cultural and Tribal Cultural Resources
Would the project:
a) Cause a substantial
adverse change in the
significance of a
historical resource as
pursuant to Section
15064.5?
Less than
significant
impact with
mitigation
incorporated
No No No MM CUL-1
b) Cause a substantial
adverse change in the
significance of an
archaeological resource
pursuant to Section
15064.5?
Less than
significant
impact with
mitigation
incorporated
No No No MM CUL-1
c) Disturb any human
remains, including those
interred outside of
formal cemeteries?
Less than
significant
impact with
mitigation
incorporated
No No No MM CUL-4
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
d) Listed or eligible for
listing in the California
Register of Historical
Resources, or in a local
register of historical
resources as defined in
Public Resources Code
Section 5020.1(k), or
N/A No No No None
e) A resource determined
by the lead agency, in its
discretion and
supported by
substantial evidence, to
be significant pursuant
to criteria set forth in
subdivision (c) of Public
Resources Code Section
5024.1. In applying the
criteria set forth in
subdivision (c) of Public
Resource Code Section
N/A No No No None

7.1.j
Packet Pg. 393 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
36 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Environmental Issue
Area
Conclusion in
Certified EIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
5024.1, the lead agency
shall consider the
significance of the
resource to a California
Native American tribe.

Discussion
Cultural Resources
a) The Certified EIR found that buildout of the business park would result in potential impacts on undiscovered historic resources. The Certified EIR set forth Mitigation Measure CUL-1, which required inadvertent discovery measures to be implemented in the event such resources are encountered. The Certified EIR concluded that impacts would be less than significant with mitigation.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new impacts on historic resources would occur. As such, the conclusions of the Certified EIR remain unchanged.
b) The Certified EIR found that buildout of the business park would result in potential impacts on undiscovered archaeological resources. The Certified EIR set forth Mitigation Measure CUL-1, which required inadvertent discovery measures to be implemented in the event such resources are encountered. The Certified EIR concluded that impacts would be less than significant with mitigation.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new impacts on archaeological resources would occur. As such, the conclusions of the Certified EIR remain unchanged.
c) The Certified EIR found that buildout of the business park would result in potential impacts on undiscovered human remains. The Certified EIR set forth Mitigation Measure CUL-4, which required inadvertent discovery measures to be implemented in the event such resources are encountered. The Certified EIR concluded that impacts would be less than significant with mitigation.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and,

7.1.j
Packet Pg. 394 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 37 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx therefore, no new impacts on human remains would occur. As such, the conclusions of the Certified EIR remain unchanged.

Tribal Cultural Resources
d-e) Tribal cultural resources was not on the CEQA Appendix G Checklist when the Certified EIR was prepared. The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new impacts on tribal cultural resources would occur. As such, the conclusions of the Certified EIR remain unchanged.

Mitigation Measures
MM CUL-1 If a potentially significant cultural resource is encountered during subsurface earthwork activities for the project, all construction activities within a 50-foot radius of the find shall cease until a qualified archaeologist determines whether the resource requires further study. The applicant shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. Any previously undiscovered resources found during construction shall be evaluated for significance in terms of California Environmental Quality Act criteria by a qualified archaeologist and if significant, recorded on appropriate California Department of Parks and Recreation forms. Potentially significant cultural resources consist of but are not limited to stone, bone, glass, ceramics, fossils, wood, or shell artifacts, or features including hearths, structural remains, or historic dumpsites. If the resource is determined significant under CEQA, the qualified archaeologist shall prepare and implement a research design and archaeological data recovery plan that will capture those categories of data for which the site is significant. The archaeologist shall also conduct appropriate technical analyses, prepare a comprehensive report and file it with the appropriate Information Center, and provide for the permanent curation of the recovered materials.

MM CUL-4 In the event of the accidental discovery or recognition of any human remains, all activities must cease within 50 feet of the find and the following procedures shall be implemented, as applicable:

1. There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the Stanislaus County Coroner is contacted to determine if the remains are Native American and if an investigation of the cause of death is required. If the coroner determines the remains to be Native American, the coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours, and the NAHC shall identify the person or persons it believes to be the “most likely descendant” (MLD) of the deceased Native American. The MLD may make recommendations to the landowner or the person responsible for the excavation work within 48 hours, for means of treating or disposing of, with appropriate dignity, the human

7.1.j
Packet Pg. 395 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
38 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx remains and any associated grave goods as provided in Public Resources Code Section 5097.98.

2. Where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity either in accordance with the recommendations of the most likely descendant or on the project site in a location not subject to further subsurface disturbance:
• The NAHC is unable to identify a most likely descendant or the most likely descendant failed to make a recommendation within 48 hours after being notified by the commission.
• The descendant identified fails to make a recommendation. • The landowner or his authorized representative rejects the recommendation of the descendant, and mediation by the NAHC fails to provide measures acceptable to the landowner.

Conclusion
The conclusions from the Certified EIR remain unchanged.

7.1.j
Packet Pg. 396 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 39 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Environmental Issue
Area
Conclusion in
Certified EIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
VI. Energy
Would the project:
a) Result in potentially
significant
environmental impact
due to wasteful,
inefficient, or
unnecessary
consumption of energy
resources, during
project construction or
operation?
N/A No No No None
b) Conflict with or obstruct
a State or local plan for
renewable energy or
energy efficiency?
N/A No No No None
Discussion
a-b) The Certified EIR found that energy consumption resulting from the proposed project would not be considered inefficient, unnecessary, or wasteful as defined by Appendix F of the CEQA Guidelines. As such, the Certified EIR concluded that energy impacts would be less than significant.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 from ‘General Commercial’ to ‘Light Industrial.’ No additional or new construction beyond that analyzed in the approved Business Park would occur as a result of these actions; therefore, no new energy impacts would occur. As such, the conclusions of the Certified EIR remain unchanged.

Mitigation Measures
None.

Conclusion
The conclusions from the Certified EIR remain unchanged.

7.1.j
Packet Pg. 397 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
40 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Environmental Issue
Area
Conclusion in
Certified EIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
VII. Geology, Seismicity, and Soils
Would the project:
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known
earthquake fault, as
delineated on the
most recent AlquistPriolo Earthquake
Fault Zoning Map
issued by the State
Geologist for the area
or based on other
substantial evidence
of a known fault?
Refer to Division of
Mines and Geology
Special Publication 42.

Less than
significant
impact with
mitigation
incorporated
No No No MM GEO-1
ii) Strong seismic ground
shaking?
Less than
significant
impact with
mitigation
incorporated
No No No MM GEO-1
iii) Seismic-related
ground failure,
including
liquefaction?
Less than
significant
impact with
mitigation
incorporated
No No No MM GEO-1
iv) Landslides? Less than
significant
impact
No No No None
b) Result in substantial soil
erosion or the loss of
topsoil?
Less than
significant
impact with
mitigation
incorporated
No No No MM HYD-1

7.1.j
Packet Pg. 398 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 41 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Environmental Issue
Area
Conclusion in
Certified EIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
c) Be located on a geologic
unit or soil that is
unstable, or that would
become unstable as a
result of the project, and
potentially result in on- or
off-site landslide, lateral
spreading, subsidence,
liquefaction or collapse?
Less than
significant
impact with
mitigation
incorporated
No No No MM GEO-1
d) Be located on expansive
soil, as defined in Table
18-1-B of the Uniform
Building Code (1994),
creating substantial direct
or indirect risks to life or
property?
Less than
significant
impact with
mitigation
incorporated
No No No MM GEO-1
e) Have soils incapable of
adequately supporting
the use of septic tanks or
alternative wastewater
disposal systems where
sewers are not available
for the disposal of
wastewater?
No impact No No No None
f) Directly or indirectly
destroy a unique
paleontological resource
or site or unique geologic
feature?
Less than
significant
impact with
mitigation
incorporated
No No No MM CUL-3
Discussion
a) The Certified EIR found that buildout of the business park would result in potential exposure to seismic hazards such as strong ground shaking and liquefaction. The Certified EIR set forth Mitigation Measure GEO-1, which required compliance with the California Building Standards Code seismic design standards. The Certified EIR concluded that impacts would be less than significant with mitigation.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new impacts associated with seismic hazards would occur. As such, the conclusions of the Certified EIR remain unchanged.

7.1.j
Packet Pg. 399 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
42 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx b) The Certified EIR found that buildout of the business park would result in potential cause erosion and sedimentation. The Certified EIR set forth Mitigation Measure HYD-1, which required implementation of stormwater pollution prevention measures. The Certified EIR concluded that impacts would be less than significant with mitigation.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new impacts associated with erosion would occur. As such, the conclusions of the Certified EIR remain unchanged.
c) The Certified EIR found that buildout of the business park would result in potential exposure to unstable geologic units or soils. The Certified EIR set forth Mitigation Measure GEO-1, which required compliance with the California Building Standards Code seismic design standards. The Certified EIR concluded that impacts would be less than significant with mitigation.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new impacts associated with unstable geologic units or soils would occur. As such, the conclusions of the Certified EIR remain unchanged. d) The Certified EIR found that buildout of the business park would result in potential exposure to expansive soils. The Certified EIR set forth Mitigation Measure GEO-1, which required compliance with the California Building Standards Code grading and soil engineering standards.

The Certified EIR concluded that impacts would be less than significant with mitigation.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new impacts associated with expansive soils would occur. As such, the conclusions of the Certified EIR remain unchanged.
e) The Certified EIR indicated that the business park would be served with municipal sanitary sewer service provided by the City of Patterson. No septic or alternative wastewater systems would be employed. The Certified EIR concluded that no impact would occur.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new impacts associated with septic or alternative wastewater systems would occur. As such, the conclusions of the Certified EIR remain unchanged. f) The Certified EIR found that buildout of the business park may result in the inadvertent discovery of paleontological resources. The Certified EIR set forth Mitigation Measure CUL-3, which required implementation of inadvertent discovery measures in the event of a find. The Certified EIR concluded that impacts would be less than significant with mitigation.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and,

7.1.j
Packet Pg. 400 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 43 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx therefore, no new impacts associated with paleontological resources would occur. As such, the conclusions of the Certified EIR remain unchanged.

Mitigation Measures
MM GEO-1 Prior to the issuance of building permits for each building within the project site, the project applicant shall submit a geotechnical study and building plans to the City of Patterson for review and approval. The design-level geotechnical study shall be prepared by a qualified engineer and shall identify grading and building practices necessary to ensure stable building conditions, including the abatement of expansive soil conditions on the project site. The project applicant shall implement the recommendations of the approved geotechnical study into project plans. The project’s building plans shall demonstrate that they incorporate all applicable recommendations of the geotechnical study and comply with all applicable requirements of the latest adopted version of the California Building Standards Code. A licensed professional engineer shall prepare the plans, including those that pertain to soil engineering, structural foundations, pipeline excavation, and installation. The approved plans shall be incorporated into the proposed project. All on-site soil engineering activities shall be conducted under the supervision of a licensed Geotechnical Engineer or Certified Engineering Geologist.

MM CUL-3 In the event a fossil or fossil formations are discovered during any subsurface construction activities for the proposed project, all excavations within 100 feet of the find shall be temporarily halted until the find is examined by a qualified paleontologist, in accordance with Society of Vertebrate Paleontology standards. The paleontologist shall notify the City of Patterson, who shall coordinate with the paleontologist concerning any necessary investigation of the find. If the find is determined to be significant under CEQA, the City, based on the recommended mitigation measures of the qualified paleontologist, shall require the applicant to implement those measures, which may include avoidance, preservation in place, or other appropriate measures, as outlined in Public Resources Code Section 21083.2.

Conclusion
The conclusions from the Certified EIR remain unchanged.

7.1.j
Packet Pg. 401 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
44 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Environmental Issue
Area
Conclusion in
Certified EIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
VIII. Greenhouse Gas Emissions
Would the project:
a) Generate greenhouse
gas emissions, either
directly or indirectly,
that may have a
significant impact on the
environment?
Less than
significant
impact with
mitigation
incorporated
No No No MMs AIR-3b,
AIR-6a, AIR-6b,
PSU-3, TRANS6
b) Conflict with any
applicable plan, policy
or regulation adopted
for the purpose of
reducing the emissions
of greenhouse gases?
Less than
significant
impact with
mitigation
incorporated
No No No MMs AIR-3b,
AIR-6a, AIR-6b,
PSU-3, TRANS6
Discussion
a-b) The Certified EIR found that buildout of the business park would result in new greenhouse gas emissions Valley Air District required projects to achieve a 29 percent reduction relative to Business As Usual. The Certified EIR set forth Mitigation Measures AIR-3b, AIR-6a, AIR-6b, PSU3, and TRANS-6, which required various types of emission reduction measures to be implemented during operations. These measures would achieve a 36.5 percent reduction in greenhouse gas emissions and, thus, achieve the minimum 29 percent reduction. As such, the Certified EIR concluded that impacts would be less than significant.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 from ‘General Commercial’ to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new greenhouse gas emissions would be emitted. As such, the conclusions of the Certified EIR remain unchanged.

Mitigation Measures
MM AIR-6a Prior to issuance of building permits for each project use, the project applicant shall prepare and submit plans to the City of Patterson for review and approval demonstrating that Energy Star-rated roof materials or equivalent would be installed on all roofed facilities. Energy Star-rated roof specifications include:
• Metal roofing products
• Roof tiles
• Spray polyurethane foam roof systems
• Asphalt shingles

7.1.j
Packet Pg. 402 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 45 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx • Single-ply membranes
• Roof coating products, and
• Modified bitumen.

MM AIR-6b Prior to issuance of building permits for each project use, the applicant shall prepare and submit documentation to the City of Patterson for review and approval demonstrating that energy efficiency measures have been incorporated to result in an increased efficiency above Title 24 requirements. The applicant shall maintain a record of efficiency calculations for each proposed building, and demonstrate to the City of Patterson that each phase of the project shall achieve a minimum 5 percent increase of efficiency over the latest adopted edition of the Title 24 standards.

Conclusion
The conclusions from the Certified EIR remain unchanged.

7.1.j
Packet Pg. 403 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
46 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Environmental Issue
Area
Conclusion in
Certified EIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
IX. Hazards and Hazardous Materials
Would the project:
a) Create a significant
hazard to the public or
the environment
through the routine
transport, use, or
disposal of hazardous
materials?
Less than
significant
impact with
mitigation
incorporated
No No No MMs HAZ-1a,
HAZ-1b
b) Create a significant
hazard to the public or
the environment
through reasonably
foreseeable upset and
accident conditions
involving the release of
hazardous materials into
the environment?
Less than
significant
impact with
mitigation
incorporated
No No No MMs HAZ-1a,
HYD-1
c) Emit hazardous
emissions or handle
hazardous or acutely
hazardous materials,
substances, or waste
within one-quarter mile
of an existing or
proposed school?
No impact No No No None
d) Be located on a site
which is included on a
list of hazardous
materials sites compiled
pursuant to
Government Code
Section 65962.5 and, as
a result, would it create
a significant hazard to
the public or the
environment?
Less than
significant
impact with
mitigation
incorporated
No No No MMs HAZ-1a,
HAZ-1b
e) For a project located
within an airport land
use plan or, where such
a plan has not been
adopted, within two
miles of a public airport
or public use airport,
would the project result
Less than
significant
impact
No No No None

7.1.j
Packet Pg. 404 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 47 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Environmental Issue
Area
Conclusion in
Certified EIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
in a safety hazard or
excessive noise for
people residing or
working in the project
area?
f) Impair implementation
of or physically interfere
with an adopted
emergency response
plan or emergency
evacuation plan?
Less than
significant
impact with
mitigation
incorporated
No No No MM HAZ-4
g) Expose people or
structures, either
directly or indirectly to a
significant risk of loss,
injury or death involving
wildland fires?
No impact No No No None
Discussion
a) The Certified EIR found that buildout of the business park may result in potential exposure to hazardous materials including asbestos, lead paint, polychlorinated biphenyls, mercury, and agricultural chemicals (i.e., residual pesticides). The Certified EIR set forth Mitigation Measures HAZ-1a and HAZ-1b, which required assessments for hazardous materials prior to demolition or grading activities and implementation of remediation measures if determined to be present.

The Certified EIR concluded that impacts would be less than significant with mitigation.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new impacts associated with hazardous materials would occur. As such, the conclusions of the Certified EIR remain unchanged.
b) The Certified EIR found that buildout of the business park may create potential risk of upset conditions through the release of hazardous materials from industrial land use activities that use such materials in routine operations. The Certified EIR set forth Mitigation Measures HAZ1a and HYD-2, which required assessments for hazardous materials prior to demolition or grading activities and implementation of stormwater Best Management Practices (BMPs). The Certified EIR concluded that impacts would be less than significant with mitigation.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and,

7.1.j
Packet Pg. 405 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
48 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx therefore, no new impacts associated with hazardous materials would occur. As such, the conclusions of the Certified EIR remain unchanged.
c) The Certified EIR found that the business park project site was 1.25 miles from the nearest school and, therefore, did not have the potential to expose any schools to hazardous materials releases or emissions. The Certified EIR concluded that no impact would occur.

The KDN Property is also 1.25 miles from the nearest school. The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new impacts associated with hazardous materials exposure would occur. As such, the conclusions of the Certified EIR remain unchanged.
d) The Certified EIR found that although the project site was not listed on the Cortese List, buildout of the business park may result in potential exposure to hazardous materials from past uses including asbestos, lead paint, polychlorinated biphenyls, mercury, and agricultural chemicals (i.e., residual pesticides). The Certified EIR set forth Mitigation Measures HAZ-1a and HAZ-1b, which required assessments for hazardous materials prior to demolition or grading activities and implementation of remediation measures if determined to be present. The Certified EIR concluded that impacts would be less than significant with mitigation.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new impacts associated with hazardous materials would occur. As such, the conclusions of the Certified EIR remain unchanged.
e) The Certified EIR indicated that the business park project site was 0.5 mile west of the Patterson Airport and within Zone 4 of the Stanislaus County Airport Land Use Commission Plan. The business park’s commercial and industrial land use activities are consistent with the applicable provisions of Zone 4. Furthermore, the proposed project’s end uses do not have any characteristics that would create sources of aviation hazards including smoke, electrical interference, or avian attractants. The Certified EIR concluded that impacts would be less than significant.

The Patterson Airport closed in the early 2010s and the Stanislaus County Airport Land Use Commission Plan has been amended to remove any airport land use compatibility provisions within the Patterson City limits. Thus, the KDN Property would be subject to these provisions.

As such, the conclusions of the Certified EIR remain unchanged. f) The Certified EIR found that the portion of the business park between I-5 and the California Aqueduct would only have one point of connection to the rest of the business park. The Certified EIR set forth Mitigation Measure HAZ-4, which required the applicant to establish an Emergency Vehicle Access to Del Puerto Road in conjunction with the development of this portion of the business park. The Certified EIR concluded that impacts would be less than significant with mitigation.

7.1.j
Packet Pg. 406 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 49 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx The KDN Property abuts Rogers Road and has multiple points for emergency access. The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new impacts associated with emergency access would occur. As such, the conclusions of the Certified EIR remain unchanged.
g) The Certified EIR noted that the business park project site contained cultivated agricultural uses and was surrounded by urban development and infrastructure on three sides.

Furthermore, the business park project site does not abut any areas susceptible to wildland fires. The Certified EIR concluded that no impact would occur.

The KDN Property abuts Rogers Road, the California Aqueduct, and the Delta-Mendota Canal; it does not abut any wildland areas. The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new impacts associated with wildland fire exposure would occur. As such, the conclusions of the Certified EIR remain unchanged.

Mitigation Measures
MM HAZ-1a Prior to issuance of demolition permits for any structures located on the project site (including the residence and storage structure), the project applicant shall retain a certified hazardous waste contractor to properly remove and dispose of all materials containing asbestos, lead paint, PCBs, mercury and CFCs in accordance with federal and state law. The applicant shall submit documentation to the City of Patterson demonstrating that this contractor has been retained as part of the demolition permit application. Upon completion of removal and disposal, the project applicant shall provide documentation to the City of Patterson demonstrating that these activities were successfully completed.

MM HAZ-1b Prior to issuance of grading permits for any portion of the project site where pesticides or other agricultural chemicals have been applied within the preceding 12 months, the project applicant shall retain a qualified consultant to perform Phase II testing of the project site soils for the presence of residual concentrations of agricultural chemicals. Soils shall be laboratory tested for agricultural chemical residuals in accordance with California Department of Toxic Substances Control (DTSC) guidelines. If the testing yields concentrations in excess of acceptable limits for commercial or light industrial development, the project applicant shall retain a qualified contractor to perform soil remediation in accordance with DTSC guidelines.

The soil remediation activities shall be completed prior to grading activities. The applicant shall submit documentation to the City of Patterson demonstrating that soil testing was performed and any necessary remediation was completed as part of the grading permit application. This mitigation measure does not apply in locations where pesticides or other agricultural chemicals have not been applied within the preceding 12 months.

7.1.j
Packet Pg. 407 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
50 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx MM HAZ-4 Prior to approval of the final map for Phase IV, the project applicant shall prepare and submit plans to the City of Patterson for review and approval demonstrating that the portion of the project site located between the California Aqueduct and Interstate 5 can be served with two points of emergency access in accordance with California Fire Code requirements. The approved plans shall be incorporated into the proposed project.

Conclusion
The conclusions from the Certified EIR remain unchanged.

7.1.j
Packet Pg. 408 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 51 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Environmental Issue
Area
Conclusion in
Certified EIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
X. Hydrology and Water Quality
Would the project:
a) Violate any water quality
standards or waste
discharge requirements
or otherwise substantially
degrade surface or
ground water quality?
Less than
significant
impact with
mitigation
incorporated
No No No MMs HYD-1,
HYD-2, HYD6a, HYD-6b
b) Substantially decrease
groundwater supplies or
interfere substantially
with groundwater
recharge such that the
project may impede
sustainable groundwater
management of the
basin?
Less than
significant
impact
No No No None
c) Substantially alter the
existing drainage pattern
of the site or area,
including through the
alteration of the course of
a stream or river or
through the addition of
impervious surfaces, in a
manner which would:

Less than
significant
impact with
mitigation
incorporated
No No No MM HYD-4
(i) result in substantial
erosion or siltation
on- or off-site;
Less than
significant
impact with
mitigation
incorporated
No No No MM HYD-4
(ii) substantially increase
the rate or amount of
surface runoff in a
manner which would
result in flooding onor off-site;
Less than
significant
impact with
mitigation
incorporated
No No No MM HYD-4

7.1.j
Packet Pg. 409 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
52 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Environmental Issue
Area
Conclusion in
Certified EIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
(iii) create or contribute
runoff water which
would exceed the
capacity of existing or
planned stormwater
drainage systems or
provide substantial
additional sources of
polluted runoff; or
Less than
significant
impact with
mitigation
incorporated
No No No MM HYD-4
(iv)impede or redirect
flood flows?
Less than
significant
impact with
mitigation
incorporated
No No No MM HYD-4
d) In flood hazard, tsunami,
or seiche zones, risk
release of pollutants due
to project inundation?
No impact No No No None
e) Conflict with or obstruct
implementation of a
water quality control plan
or sustainable
groundwater
management plan?
N/A No No No None
Discussion
a) The Certified EIR found that buildout of the business park would result in potential cause erosion and sedimentation. The Certified EIR set forth Mitigation Measures HYD-1 and HYD-2, which required implementation of stormwater pollution prevention measures during construction and operations. The Certified EIR concluded that impacts would be less than significant with mitigation.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new impacts associated with water quality would occur. As such, the conclusions of the Certified EIR remain unchanged.
b) The Certified EIR found that the City of Patterson was entirely reliant on groundwater for both non-potable and potable water supply. The business park was estimated to demand 1,397 acre-feet of water annually at buildout, of which 742 acre-feet would be for potable use and 654 acre-feet would be non-potable use. The safe yield of the upper aquifer (non-potable) was

7.1.j
Packet Pg. 410 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 53 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx estimated to be 3,500 acre-feet and the City of Patterson’s total consumption in Year 2032 (including business park) was estimated to be 3,220 acre-feet. The safe yield of the lower aquifer (potable) was estimated to be 8,900 acre-feet and the City of Patterson’s total consumption in Year 2032 (including business park) was estimated to be 6,986 acre-feet. Thus, Citywide demand would be within the safe yield of both aquifers. The Certified EIR concluded that impacts would be less than significant.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new impacts associated with groundwater overdraft would occur. As such, the conclusions of the Certified EIR remain unchanged.
c) The Certified EIR noted that the business park proposed a storm drainage system consisting of underground piping and basins that would capture and detain runoff during storm events. The basins would be sized for a 50-year, 24-hour storm event, which is equivalent to 2.24 inches of rainfall. After a storm event, runoff would be released into the City’s municipal storm drainage system. Overall, these storm drainage improvements would be designed to prevent inundation of downstream facilities with excessive runoff, thereby eliminating the need for off-site storm drainage improvements. The Certified EIR concluded that impacts would be less than significant.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new impacts associated with conflicts with flooding, new drainage facilities, or polluted runoff would occur. As such, the conclusions of the Certified EIR remain unchanged. d) The Certified EIR found that the business park would not be susceptible to a seiche because it was not bear any large inland bodies of water. It would also not be susceptible to a tsunami because it was more than 70 miles from the Pacific Ocean. Lastly, the Certified EIR found that the project site was not in a volcanically active area and, thus, would not be susceptible to a mudflow. The Certified EIR concluded that no impact would occur.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new impacts associated with conflicts with water quality control or sustainable groundwater management plans would occur. As such, the conclusions of the Certified EIR remain unchanged.
e) Conflicts with water quality control or sustainable groundwater management plans was not a question on the CEQA Appendix G Checklist when the Certified EIR was certified. The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new or more intense construction would occur as a result of these actions and, therefore, no new impacts associated with conflicts with water quality control or sustainable groundwater management plans would occur. As such, the conclusions of the Certified EIR remain unchanged.

7.1.j
Packet Pg. 411 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
54 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Mitigation Measures
MM HYD-1 Prior to the issuance of grading permits or building permits for each phase of the project (whichever occurs first), the project applicant shall prepare and submit a Stormwater Pollution Prevention Plan (SWPPP) to the Central Valley RWQCB that identifies specific actions and Best Management Practices (BMPs) to prevent stormwater pollution during construction activities in accordance with the revised NPDES General Permit for Storm Water Discharges Associated with Construction Activity (Order 2009-0009 DWQ). The City of Patterson shall confirm that the RWQCB has approved the SWPPP prior to issuance of grading or building permits.

The SWPPP shall identify a practical sequence for BMP implementation and maintenance, site restoration, contingency measures, responsible parties, and agency contacts. The SWPPP shall include but not be limited to the following elements:
• Temporary erosion control measures shall be employed for disturbed areas. • No disturbed surfaces shall be left without erosion control measures in place during the winter and spring months.
• Sediment shall be retained on-site by a system of sediment basins, traps, or other appropriate measures.
• The construction contractor shall prepare Standard Operating Procedures for the handling of hazardous materials on the construction site to eliminate or reduce discharge of materials to storm drains.
• BMP performance and effectiveness shall be determined either by visual means where applicable (e.g., observation of above-normal sediment release), or by actual water sampling in cases where verification of contaminant reduction or elimination (such as inadvertent petroleum release) is required by the RWQCB to determine adequacy of the measure.
• In the event of significant construction delays or delays in final landscape installation, native grasses or other appropriate vegetative cover shall be established on the construction site as soon as possible after disturbance, as an interim erosion control measure throughout the wet season.

MM HYD-2 Prior to the issuance of building permits for the proposed project, the project applicant shall submit a stormwater quality management plan to the City of Patterson for review and approval. The stormwater quality management plan shall identify Low Impact Development techniques and pollution prevention measures and practices to prevent polluted runoff from leaving the project site. Examples of stormwater pollution prevention measures and practices that may be included in the plan but are not limited to:
• Strategically placed bioswales and landscaped areas that promote percolation of runoff
• Pervious pavement
• Roof drains that discharge to landscaped areas

7.1.j
Packet Pg. 412 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 55 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx • Trash enclosures with screen walls and roofs
• Stenciling on storm drains (e.g., “No Dumping”)
• Curb cuts in parking areas to allow runoff to enter landscaped areas • Rock-lined areas along landscaped areas in parking lots • Catch basins
• Oil/water separators
• Regular sweeping of parking areas and cleaning of storm drainage facilities • Employee training to inform store personnel of stormwater pollution prevention measures
MM HYD-4 Prior to issuance of grading permits for the proposed project, the project applicant shall retain a qualified civil engineer to prepare and submit a detailed drainage plan to the City of Patterson for review and approval. The drainage plan shall demonstrate compliance with City of Patterson standards regarding drainage designs, including sizing basins to accommodate a 50-year, 24-hour storm event. The approved plan shall be incorporated into the project design and final improvement plans.

MM HYD-6a Prior to any construction activities that would involve work within the California Aqueduct right-of-way, the project applicant shall obtain from the California Department of Water Resources an Encroachment Permit in accordance with the Division of Operations and Maintenance Encroachment Permit Guidelines.

Conditions of the Encroachment Permit shall be incorporated into project plans, which may include but may not be limited to installation of water pollution prevention measures along the California Aqueduct (e.g., fencing, full span roadway crossings, and avoidance of runoff discharge into the waterway).

MM HYD-6a Prior to any construction activities that would involve work within the DeltaMendota Canal right-of-way, the project applicant shall submit project grading, building, and drainage plans to the San Luis and Delta-Mendota Water Authority for review and approval. The project applicant shall incorporate measures into the proposed project that protect the Delta-Mendota Canal as recommended by the Water Authority. Such recommendations may include but may not be limited to:
• Bridge crossings with public walkways must be designed to prevent unwanted debris from being discharged into the canal.
• No roadway drainage shall be allowed to be discharged into the canal. • All roadway crossing support systems shall be full span. • Existing drain inlets shall be plugged.
• All storm drainage shall be conveyed either over or under the canal.

Conclusion
The conclusions from the Certified EIR remain unchanged.

7.1.j
Packet Pg. 413 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
56 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Environmental Issue
Area
Conclusion in
Certified EIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
XI. Land Use and Planning
Would the project:
a) Physically divide an
established community?
No impact No No No None
b) Cause a significant
environmental impact
due to a conflict with
any land use plan, policy,
or regulation adopted
for the purpose of
avoiding or mitigating an
environmental effect?
Less than
significant
impact
No No No None
Discussion
a) The Certified EIR indicated that the business park project site contained mostly agricultural uses as well as one single-family residence within the Arambel portion of the project. The removal of one residence would not constitute the division of an established community. The Certified EIR concluded that no impact would occur.

There are no dwelling units within the KDN Property. The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new impacts associated with division of an established community. As such, the conclusions of the Certified EIR remain unchanged.
b) The Certified EIR found that the business park project involved annexing the project site into the City of Patterson, which required corresponding General Plan Amendment and Prezoning discretional approvals. The Certified EIR noted that the General Plan Amendment and Prezone were indispensable parts of the project and served to reconcile any conflicts with the City of Patterson General Plan and Zoning Ordinance. The Certified EIR concluded that impacts would be less than significant.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ Parcel 2 abuts the portion of the Arambel Business Park designated ‘Light Industrial’ and, thus, would be compatible with its neighbors. Furthermore, because the purpose of the rezone is to rectify the oversupply of land designated ‘General Commercial,’ it serves to advance the planning objectives of the City of Patterson General Plan. As such, the conclusions of the Certified EIR remain unchanged.

7.1.j
Packet Pg. 414 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 57 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Mitigation Measures
None.

Conclusion
The conclusions from the Certified EIR remain unchanged.

7.1.j
Packet Pg. 415 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
58 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Environmental Issue
Area
Conclusion in
Certified EIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More
Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
XII. Mineral Resources
Would the project:
a) Result in the loss of
availability of a known
mineral resource that
would be of value to the
region and the residents of
the State?
No impact No No No None
b) Result in the loss of
availability of a locallyimportant mineral
resource recovery site
delineated on a local
general plan, specific plan
or other land use plan?
No impact No No No None
Discussion
a-b) The Certified EIR found that the business park project site did not support mineral extraction land use activities and was not designated as a mineral resource zone by the State of California or the City of Patterson. Thus, there would be no loss of mineral resources of statewide or local importance. The Certified EIR concluded that no impact would occur.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new impacts associated with loss of mineral resources. As such, the conclusions of the Certified EIR remain unchanged.

Mitigation Measures
None.

Conclusion
The conclusions from the Certified EIR remain unchanged.

7.1.j
Packet Pg. 416 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 59 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Environmental Issue
Area
Conclusion in
Certified EIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
XIII. Noise
Would the project:
a) Generation of a
substantial temporary
or permanent increase
in ambient noise levels
in the vicinity of the
project in excess of
standards established in
the local general plan or
noise ordinance, or
applicable standards of
other agencies?
Less than
significant
impact
No No No None
b) Generation of excessive
groundborne vibration
or groundborne noise
levels?
Less than
significant
impact
No No No None
c) For a project located
within the vicinity of a
private airstrip or an
airport land use plan or,
where such a plan has
not been adopted,
within two miles of a
public airport or public
use airport, would the
project expose people
residing or working in
the project area to
excessive noise levels?
Less than
significant
impact
No No No None
Discussion
a) The Certified EIR found that construction would not exceed adopted thresholds because of the distance from the nearest sensitive receptor. The Certified EIR found that outdoor activity areas located within 500 feet of I-5 may be exposed to excessive noise levels. The Certified EIR set forth Mitigation Measure NOI-6, which required that outdoor activity areas be shielded from freeway noise. The Certified EIR concluded that potential permanent operational noise impacts would be less than significant with mitigation.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and,

7.1.j
Packet Pg. 417 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
60 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx therefore, no new impacts associated with construction or operational would occur. As such, the conclusions of the Certified EIR remain unchanged.
b) The Certified EIR found that construction and operational vibration would not exceed adopted thresholds because of the distance from the nearest sensitive receptor. The Certified EIR concluded that impacts would be less than significant.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new impacts associated with vibration would occur. As such, the conclusions of the Certified EIR remain unchanged.
c) The Certified EIR found that the business park project site was within 0.5 mile of the Patterson Airport. Noise measurements indicate that the project site was exposed to 58.4 dBA Ldn, which is within acceptable noise levels for commercial and light industrial land uses. The Certified EIR concluded that impacts would be less than significant.

The Patterson Airport closed in the early 2010s. The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new impacts associated with aviation noise exposure would occur. As such, the conclusions of the Certified EIR remain unchanged.

Mitigation Measures
MM NOI-6 Prior to issuance of building permits for any office buildings that would be located within 500 feet of Interstate 5 or Rogers Road, the project applicant shall submit plans to the City of Patterson for review and approval demonstrating that any outdoor uses (e.g., seating areas) are located on the side of the building that is shielded from the roadway. The approved plans shall be incorporated into the proposed project.

Conclusion
The conclusions from the Certified EIR remain unchanged.

7.1.j
Packet Pg. 418 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 61 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Environmental Issue
Area
Conclusion in
Certified EIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
XIV. Population and Housing
Would the project:
a) Induce substantial
unplanned population
growth in an area,
either directly (for
example, by proposing
new homes and
businesses) or indirectly
(for example, through
extension of roads or
other infrastructure)?
Less than
significant
impact
No No No None
b) Displace substantial
numbers of existing
people or housing,
necessitating the
construction of
replacement housing
elsewhere?
Less than
significant
impact
No No No None
Discussion
a) The Certified EIR found that buildout of the business park would create 10,093 new jobs or an average of 505 new jobs a year over a 20-year buildout period. Stanislaus County had 40,400 unemployed persons in 2012 and, thus, there was adequate labor available to fill the new jobs.

As such, there would not be substantial population growth from an influx of project employees into Stanislaus County. Furthermore, the business park was consistent with the City of Patterson General Plan’s land use designations and, thus, represents planned growth. As such, growth inducement would not occur. The Certified EIR concluded that impacts would be less than significant.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new employment growth would occur. As such, the conclusions of the Certified EIR remain unchanged.
b) The Certified EIR noted that there was one single-family residence within the Arambel portion of the project site that would eventually be removed as the business park builds out. The removal of one single-family residence would not trigger the need for the construction of replacement housing elsewhere such that significant impacts on the environment would occur.

The Certified EIR concluded that impacts would be less than significant.

7.1.j
Packet Pg. 419 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
62 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx There are no dwelling units within the KDN Property. The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no dwelling units would be removed. As such, the conclusions of the Certified EIR remain unchanged.

Mitigation Measures
None.

Conclusion
The conclusions from the Certified EIR remain unchanged.

7.1.j
Packet Pg. 420 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 63 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Environmental Issue
Area
Conclusion in
Certified EIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
XV. Public Services
Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
a) Fire protection? Less than
significant
impact with
mitigation
incorporated
No No No MMs HAZ-4,
PSU-1,
TRANS-1a
b) Police protection? Less than
significant
impact with
mitigation
incorporated
No No No MM PSU-2
c) Schools? No impact No No No None
d) Parks? No impact No No No None
e) Other public facilities? No impact No No No None
Discussion
a) The Certified EIR found that buildout of the business park would increase demand for fire protection and emergency medical services. The Patterson Fire Department indicated that there would be a need for a new fire station in the western portion of the city limits. The Certified EIR set forth Mitigation Measure PSU-1, which requires the Arambel Business Park to make an irrevocable dedication offer to the City of Patterson for a new fire station site. The Certified EIR concluded that impacts would be less than significant with mitigation.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no increase in demand for fire protection or emergency medical services would occur. Furthermore, Mitigation Measure PSU-1 applies to the Arambel portion of the site and not the KDN portion. As such, the conclusions of the Certified EIR remain unchanged. b) The Certified EIR found that buildout of the business park would increase demand for police protection. The Patterson Police Department indicated that the business park would primarily generate calls for service for property crimes, alarms, vehicle accidents, and nuisance violations. The EIR set forth Mitigation Measure PSU-2, which requires the applicant to consult with the Police Department about appropriate security measures prior to issuance of the

7.1.j
Packet Pg. 421 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
64 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx certificate of occupancy. The Certified EIR concluded that impacts would be less than significant with mitigation
The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no increase in demand for police protection would occur. As such, the conclusions of the Certified EIR remain unchanged.
c) The Certified EIR found that the business park is entirely nonresidential and, therefore, would not directly increase enrollment in K-12 schools. Thus, no new or expanded school facilities would be required. The EIR concluded that no impact would occur.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no increase in demand for K-12 education would occur. As such, the conclusions of the Certified EIR remain unchanged.
d) The Certified EIR found that the business park is entirely nonresidential and, therefore, would not directly increase demand for parks. Thus, no new or expanded park facilities would be required. The Certified EIR concluded that no impact would occur.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no increase in demand for parks would occur. As such, the conclusions of the Certified EIR remain unchanged.
e) The Certified EIR found that the business park is entirely nonresidential and, therefore, would not directly increase demand for public facilities such as libraries or community centers. Thus, no new or expanded public facilities would be required. The Certified EIR concluded that no impact would occur.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no increase in demand for public facilities would occur. As such, the conclusions of the Certified EIR remain unchanged.

Mitigation Measures
MM PSU-1 Prior to recordation of the final map for the Arambel Business Park for where the new fire station would be located, the project applicant shall make an irrevocable dedication offer to the City of Patterson for a new fire station site. The fire station site shall provide the minimum amount of acreage necessary to meet industry standards for a fire station site. The terms of the dedication shall be negotiated as part of the Development Agreement. Should the City of Patterson elect to develop the new fire station at another location, the applicant shall have the ability to retain the acreage for private use. The Community Facility District or similar financing

7.1.j
Packet Pg. 422 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 65 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx mechanism would fund construction of the fire station. [This mitigation measure does not apply to the proposed project]
MM PSU-2 Prior to the issuance of the certificate of occupancy for each project building, the project applicant shall consult with the Patterson Police Department regarding appropriate security measures. Such measures may include video surveillance systems, fencing, lighting, on-site security personnel, parking lot patrols, or other appropriate measures. The mutually agreed upon measures shall be incorporated into the plans for each building.

Conclusion
The conclusions from the Certified EIR remain unchanged.

7.1.j
Packet Pg. 423 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
66 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Environmental Issue
Area
Conclusion in
Certified EIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
XVI. Recreation
Would the project:
a) Would the project
increase the use of
existing neighborhood
and regional parks or
other recreational
facilities such that
substantial physical
deterioration of the
facility would occur or
be accelerated?
No impact No No No None
b) Does the project include
recreational facilities or
require the construction
or expansion of
recreational facilities,
which might have an
adverse physical effect
on the environment?
No impact No No No None
Discussion
a-b) The Certified EIR found that the business park is entirely nonresidential and, therefore, would not directly increase demand for recreational facilities. Thus, no new or expanded park facilities would be required. The Certified EIR concluded that no impact would occur.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no increase in demand for recreational facilities would occur. As such, the conclusions of the Certified EIR remain unchanged.

Mitigation Measures
None.

Conclusion
The conclusions from the Certified EIR remain unchanged.

7.1.j
Packet Pg. 424 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 67 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Environmental Issue
Area
Conclusion in
Certified EIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
XVII. Transportation
Would the project:
a) Conflict with a program
plan, ordinance or policy
of the circulation
system, including transit,
roadway, bicycle and
pedestrian facilities?
Less than
significant
impact with
mitigation
incorporated
No No No MMs TRANS1a, TRANS-1b,
TRANS-1c,
TRANS-1d,
TRANS-1e,
TRANS-1f,
TRANS-1g,
TRANS-1h,
TRANS-1i,
TRANS-2a,
TRANS-2b,
TRANS-2c,
TRANS-2d,
TRANS-2e,
TRANS-2f,
TRANS-2g,
TRANS-2h,
TRANS-2i,
TRANS-2j,
TRANS-2k,
TRANS-2l,
TRANS-2m,
TRANS-2n,
TRANS-2o,
TRANS-2p
b) Would the project
conflict or be
inconsistent with CEQA
Guidelines Section
15064.3, subdivision (b)?
N/A No No No TRANS-6
c) Substantially increase
hazards due to a
geometric design
feature (e.g., sharp
curves or dangerous
intersections) or
incompatible uses (e.g.,
farm equipment)?
Less than
significant
impact
No No No None
d) Result in inadequate
emergency access?
Less than
significant
impact with
mitigation
incorporated
No No No MM HAZ-4

7.1.j
Packet Pg. 425 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
68 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Discussion
a) The Certified EIR found that the business park would generate 11,755 AM (7:00 a.m. to 9:00 a.m.) peak-hour trips and 15,319 PM (4:00 p.m. to 6:00 p.m.) peak-hour trips at buildout.

These trips would contribute to unacceptable intersection operations, roadway segment operations, and freeway operations. The Certified EIR set forth Mitigation Measures TRANS-1a, TRANS-1b, TRANS-1c, TRANS-1d, TRANS-1e, TRANS-1f, TRANS-1g, TRANS-1h, TRANS-1i, TRANS2a, TRANS-2b, TRANS-2c, TRANS-2d, TRANS-2e, TRANS-2f, TRANS-2g, TRANS-2h, TRANS-2i, TRANS-2j, TRANS-2k, TRANS-2l, TRANS-2m, TRANS-2n, TRANS-2o, and TRANS-2p, which require payment of fees or installation of traffic improvements. The Certified EIR noted that a number of the improvements were outside the jurisdictional control of the City of Patterson and, therefore, there was uncertainty regarding whether they would be implemented as envisioned.

The Certified EIR concluded that impacts would be significant and unavoidable.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no increase in peak-hour trips would occur such that transportation facilities would experience unacceptable operations. As such, the conclusions of the Certified EIR remain unchanged.
b) Vehicle miles traveled question was not on the CEQA Appendix G Checklist when the Certified EIR was prepared and was not recognized by the City as a threshold of significance for analyzing traffic impacts on the environment. The business park is located adjacent to I-5, a regional and interstate goods movement corridor. Thus, it minimizes the distance vehicles need to travel to get to and from I-5, which contributes to a reduction in vehicle miles traveled. The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no increase in vehicle miles traveled would occur. As such, the conclusions of the Certified EIR remain unchanged.
c) The Certified EIR found that the business park’s internal circulation network met City and industry standards for commercial and industrial development and would allow for safe and efficient heavy vehicle travel. The Certified EIR concluded that impacts would be less than significant.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no increase in peak-hour trips would occur such that roadway safety hazards would be created. As such, the conclusions of the Certified EIR remain unchanged. d) The Certified EIR found that the portion of the business park between I-5 and the California Aqueduct would only have one point of connection to the rest of the business park. The Certified EIR set forth Mitigation Measure HAZ-4, which required the applicant to establish an Emergency Vehicle Access to Del Puerto Road in conjunction with the development of this

7.1.j
Packet Pg. 426 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 69 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx portion of the business park. The Certified EIR concluded that impacts would be less than significant with mitigation.

The KDN Property abuts Rogers Road and has multiple points for emergency access. The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new impacts associated with emergency access would occur. As such, the conclusions of the Certified EIR remain unchanged.

Mitigation Measures
MM TRANS-1a Prior to recordation of the first final map, the project applicant and the City of Patterson shall establish a Community Facilities District or other financing mechanism to fund transportation improvements. Applicants that pursue development in accordance with the Master Development Plan shall contribute a fair share of the costs of necessary improvements at the time building permits are sought through participation in the Community Facilities District or other financing mechanism.

MM TRANS-1b At the time of 5 percent of Phase I buildout, the intersection of Sperry Avenue/I-5 Southbound Ramps shall be signalized. At the time of 80 percent of Phase I buildout, left-turn lanes shall be added to the southbound and westbound approaches. These improvements shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS-1a.

MM TRANS-1c At the time of 5 percent of Phase I buildout, the intersection of Sperry Avenue/I-5 Northbound Ramps shall be signalized and the signal operation shall be coordinated with the signal at the Sperry Avenue/I-5 Southbound Ramps intersection. At the time of 80 percent of Phase I buildout, the following improvements shall be implemented:
(1) Install a left-turn lane on the eastbound approach, (2) install a right-turn lane on the westbound approach, and (3) install a right-turn lane on the northbound approach. These improvements shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS-1a.

MM TRANS-1d At the time of 50 percent of Phase I buildout, the intersection of Rogers Road/State Route 33 shall be signalized. This improvement shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS-1a.

MM TRANS-1e At the time of 8 percent of Phase I buildout, the intersection of Sycamore Avenue/East Las Palmas Avenue shall be signalized. This improvement shall be

7.1.j
Packet Pg. 427 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
70 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS-1a.

MM TRANS-1f At the time of 10 percent of Phase I buildout, intersection of East Las Palmas Avenue/Poplar Avenue shall be signalized. At the time of 60 percent of Phase I buildout, a right-turn lane shall be installed on the westbound approach. These improvements shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS-1a.

MM TRANS-1g At the time of 30 percent of Phase I buildout, intersection of West Main Avenue/Carpenter Road shall be signalized. At the time of 60 percent of Phase I buildout, the following improvements shall be implemented: (1) install a left-turn lane on the eastbound approach, and (2) install a left-turn lane on the westbound approach. These improvements shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS1a.

MM TRANS-1h At the time of 20 percent of Phase I buildout, intersection of West Main Avenue/Crows Landing Road shall be signalized. At the time of 60 percent of Phase I buildout, the following improvements shall be implemented: (1) install a left-turn lane on the eastbound approach, and (2) install a left-turn lane on the westbound approach. These improvements shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS1a.

MM TRANS-1i When intersection operations approach unacceptable levels, but not later than 50 percent buildout of Phase I, the intersection of Rogers Road/North-South Internal Roadway shall be signalized. This improvement shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS-1a.

MM TRANS-2a When intersection operations approach unacceptable levels, the intersection of Sperry Avenue/Rogers Road shall be improved. The improvements shall consist of (1) installing a through and right-turn lane on the eastbound approach; (2) installing two left-turn lanes, a through lane, and two right-turn lanes on the westbound approach; (3) installing a left-turn lane, a through lane, and a right-turn lane on the northbound approach; and (4) installing a through lane on the southbound approach. These improvements shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS1a.

MM TRANS-2b When intersection operations approach unacceptable levels, the intersection of Sperry Avenue/Baldwin Road shall be improved. The improvements shall consist of (1) signalizing the intersection; (2) installing a left-turn and a right-turn lane on the eastbound approach; (3) installing a left-turn, a through lane, and two right-turn

7.1.j
Packet Pg. 428 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 71 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx lanes on the westbound approach; (4) installing two left-turn lanes on the northbound approach; and (5) installing two left-turn lanes on the southbound approach. These improvements shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS1a.

MM TRANS-2c When intersection operations approach unacceptable levels, the intersection of Sperry Avenue/Ward Avenue shall be improved. The improvements shall consist of (1) installing a left-turn lane on the eastbound approach, (2) installing a left-turn lane on the northbound approach, and (3) installing a right-turn lane on the southbound approach. These improvements shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS1a.

MM TRANS-2d When intersection operations approach unacceptable levels, the intersection of Sperry Avenue/S. Del Puerto Avenue shall be improved. The improvements shall consist of (1) installing a left-turn lane on the eastbound approach and (2) installing a left-turn lane on the westbound approach. These improvements shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS-1a.

MM TRANS-2e In the event that the intersection of Sperry Avenue/State Route 33 has not been signalized at the time of issuance for the first certificate of occupancy for Phase II of the proposed project, the intersection shall be signalized. This improvement shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS-1a. This mitigation measure shall not apply if the intersection is signalized prior to issuance for the first certificate of occupancy for Phase II of the proposed project.

MM TRANS-2f When intersection operations approach unacceptable levels, the intersection of Ward Avenue/American Eagle Drive shall be improved. The improvements shall consist of installing a right-turn lane on the southbound approach. These improvements shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS-1a.

MM TRANS-2g When intersection operations approach unacceptable levels, the intersection of Ward Avenue/SR-33 shall be improved. The improvements shall consist of (1) signalizing the intersection and (2) installing a left-turn lane on the northbound approach. These improvements shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS1a.

MM TRANS-2h When intersection operations approach unacceptable levels, the intersection of Zacharias Road/SR-33 shall be improved. The improvements shall consist of (1) signalizing the intersection, (2) installing two left-turn lanes on the northbound

7.1.j
Packet Pg. 429 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
72 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx approach, and (3) installing a right-turn lane on the eastbound approach. These improvements shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS-1a.

MM TRANS-2i When intersection operations approach unacceptable levels, the intersection of Baldwin Road/SR-33 shall be improved. The improvements shall consist of (1) signalizing the intersection, (2) installing a left-turn lane on the northbound approach, and (3) installing a right-turn lane on the southbound approach. These improvements shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS-1a.

MM TRANS-2j When intersection operations approach unacceptable levels, the intersection of Rogers Road/SR-33 shall be improved. The improvements shall consist of (1) signalizing the intersection and (2) installing a left-turn lane on the northbound approach. These improvements shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS1a.

MM TRANS-2k When intersection operations approach unacceptable levels, the intersection of SR33/Eucalyptus Avenue shall be improved. The improvements shall consist of (1) installing a left-turn and a through lane on the southbound approach and (2) installing a through lane on the northbound approach. These improvements shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS-1a.

MM TRANS-2l When intersection operations approach unacceptable levels, the intersection of Olive Avenue/SR-33 shall be improved. The improvements shall consist of (1) signalizing the intersection, (2) installing a left-turn lane on the eastbound approach, (3) installing a left-turn lane on the westbound approach, (4) installing a left-turn lane on the northbound approach, and (5) installing a left-turn lane on the southbound approach. These improvements shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS-1a.

MM TRANS-2m When intersection operations approach unacceptable levels, the intersection of Walnut Avenue/Sycamore Avenue shall be improved. The improvements shall consist of signalizing the intersection. These improvements shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS-1a.

MM TRANS-2n When intersection operations approach unacceptable levels, but not later than issuance of the first certificate of occupancy for Phase III of the proposed project, the intersection of Rogers Road/Keystone Pacific Parkway shall be improved. The improvements shall consist of signalizing the intersection. These improvements shall

7.1.j
Packet Pg. 430 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 73 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS-1a.

MM TRANS-2o When intersection operations approach unacceptable levels, but not later than issuance of first certificate of occupancy for Phase IV of the proposed project, the intersection of Zacharias Road/Rogers Road shall be improved. The improvements shall consist of signalizing the intersection. These improvements shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS-1a.

MM TRANS-2p Prior to issuance of building permits for each project building, the project applicant shall provide fair-share fees for the planned I-5/Zacharias Road interchange, if this improvement is programmed into an adopted fee program. This mitigation measure does not apply if the improvement is not programmed into an adopted fee program at the time building permits are sought.

MM TRANS-6 Prior to issuance of the first certificate of occupancy for each project use, the applicant shall prepare and submit documentation to the City of Patterson demonstrating that feasible Transportation Demand Management measures have been incorporated. The documentation shall either (1) show how at least one or more of the following Transportation Demand Management measures has been integrated into the use or (2) explain why such a measure is not feasible (such as workforce characteristics, facility operational characteristics, health and safety, etc.):
• Pedestrian facilities (e.g., internal pedestrian facilities that provide connectivity to sidewalks or nearby land uses)
• End-of-trip bicycle facilities (e.g., racks, lockers, changing/locker rooms, shower facilities)
• Alternative (flex-time) work schedules that allow non-peak travel by employees • Commute Trip Reduction Programs that provide incentives for employees to carpool, use transit, ride bicycles, or use other modes of non-single-occupant vehicle transportation.
• Multi-Modal Transportation Guides that provide information to employees regarding various routes to a particular location via different modes of transportation
• The establishment of a Transportation Management Association for a large employer or a group of employers. The association would provide transportation (e.g., employee shuttles) for employees of companies that participate in the organization.
• Telecommute (or work-from-home) options for employees who can work remotely.
• Any other Transportation Demand Management measure not specified on this list.

Conclusion
The conclusions from the Certified EIR remain unchanged.

7.1.j
Packet Pg. 431 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
74 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Environmental Issue
Area
Conclusion in
Certified EIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
XVIII. Utilities and Service Systems
Would the project:
a) Require or result in the
relocation or construction
of new or expanded
water, wastewater
treatment or stormwater
drainage, electric power,
natural gas, or
telecommunications
facilities, the construction
or relocation of which
could cause significant
environmental effects?
Less than
significant
impact
No No No None
b) Have sufficient water
supplies available to serve
the project and
reasonably foreseeable
future development
during normal, dry and
multiple dry years?
Less than
significant
impact with
mitigation
incorporated
No No No MM PSU-3
c) Result in a determination
by the wastewater
treatment provider which
serves or may serve the
project that it has
adequate capacity to
serve the project’s
projected demand in
addition to the provider’s
existing commitments?
Less than
significant
impact with
mitigation
incorporated
No No No MM PSU-4
d) Generate solid waste in
excess of State or local
standards, or in excess of
the capacity of local
infrastructure, or
otherwise impair the
attainment of solid waste
reduction goals?
Less than
significant
impact with
mitigation
incorporated
No No No MM PSU-6a,
PSU-6b
e) Comply with federal,
State, and local
management and
reduction statutes and
regulations related to
solid waste?
Less than
significant
impact with
mitigation
incorporated
No No No MM PSU-6a,
PSU-6b

7.1.j
Packet Pg. 432 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 75 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Discussion
a) The Certified EIR disclosed that off-site utility connections would need to be made to municipal utilities within the Villa Del Lago area. The utility alignments would follow existing roads and infrastructure easements and avoid natural areas where significant impacts may occur.

Furthermore, no upgrades to the City of Patterson water treatment, wastewater treatment, or downstream storm drainage facilities are necessary. The Certified EIR concluded that impacts would be less than significant.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no increase in demand for utilities would occur. As such, the conclusions of the Certified EIR remain unchanged.
b) The Certified EIR found that the City of Patterson was entirely reliant on groundwater for both non-potable and potable water supply. The business park was estimated to demand 1,397 acre-feet of water annually at buildout, of which 742 acre-feet would be for potable use and 654 acre-feet would be non-potable use. The safe yield of the upper aquifer (non-potable) was estimated to be 3,500 acre-feet and the City of Patterson’s total consumption in Year 2032 (including business park) was estimated to be 3,220 acre-feet. The safe yield of the lower aquifer (potable) was estimated to be 8,900 acre-feet and the City of Patterson’s total consumption in Year 2032 (including business park) was estimated to be 6,986 acre-feet. Thus, adequate water supply was available for the business park and the City of Patterson as a whole. The Certified EIR set forth Mitigation Measure PSU-3, which requires new development to incorporate water conserving features into their plans. The Certified EIR concluded that impacts would be less than significant with mitigation.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new impacts associated with water supply would occur. As such, the conclusions of the Certified EIR remain unchanged.
c) The Certified EIR estimated that the business park would generate 533,900 gallons per day of wastewater at buildout. The City of Patterson Water Quality Control Facility had an existing capacity of 2.25 million gallons per day and treated an average of 1.25 million gallons per day under dry weather conditions. The City had approved a facility expansion that would increase treatment capacity to 3.5 million gallons. The EIR set forth Mitigation Measure PSU-4, which requires the applicant to either connect to the City’s municipal sewer system or construction an on-site package plant. Note that the applicant withdrew the package plant proposal and the entire business park would be served by the City’s municipal system. The Certified EIR concluded that impacts would be less than significant.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and,

7.1.j
Packet Pg. 433 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
76 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx therefore, no new impacts associated with wastewater treatment would occur. As such, the conclusions of the Certified EIR remain unchanged.
d-e) The Certified EIR estimated that construction activities would generate 36,680 cubic yards of solid waste and operational activities would generate 45,261 cubic yards of solid waste annually. The Certified EIR indicated that the Fink Road Landfill near Crows Landing had 10 million cubic yards of remaining capacity. The Certified EIR set forth Mitigation Measures PSU6a and PSU-6b, which requires implementation of construction and demolition debris recycling practices and solid waste management plans for operational activities to promote diversion of recoverable materials and green waste from the waste stream. The Certified EIR concluded that impacts would be less than significant with mitigation.

The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new impacts associated with solid waste would occur. As such, the conclusions of the Certified EIR remain unchanged.

Mitigation Measures
MM PSU-3 Prior to the issuance of building permits for each project building, the project applicant shall submit plans to the City of Patterson for review and approval that demonstrate that applicable water conservation Best Management Practices have been incorporated into project design and landscaping. Examples of Best Management Practices include but are not limited to low-water-use fixtures (e.g., restroom sinks, urinals, and toilets) and water-conserving landscaping (e.g., droughttolerant species). The approved plans shall be incorporated into the proposed project.

MM PSU-4 Prior to issuance of building permits for each project building, the applicant shall do one of the following:
1) Prepare and submit improvement plans demonstrating that the proposed use(s) would connect to the City of Patterson’s municipal wastewater collection and treatment system. The applicant must obtain confirmation that adequate collection and treatment capacity exist to serve the proposed use(s). The applicant shall provide fair-share fees to the City of Patterson for wastewater treatment system improvements through participation in a Community Facilities District or other financing mechanism.
2) Prepare and submit improvement plans demonstrating that the proposed use(s) would connect to a privately owned and operated on-site wastewater treatment plant. The applicant must obtain confirmation that adequate collection and treatment capacity exist to serve the proposed use(s). The treatment plant must be fully permitted by the state and County of Stanislaus prior to occupancy of the uses. The project applicant is responsible for the full cost of construction and operation of the on-site wastewater treatment plant.

7.1.j
Packet Pg. 434 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 77 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx MM PSU-6a Prior to issuance of building permits, the project applicant shall retain a qualified contractor to perform construction debris recycling. The applicant shall establish an objective of diverting a minimum of 50 percent of construction debris from the waste stream. The project applicant shall provide documentation to the satisfaction of the City of Patterson demonstrating that construction and demolition debris was recycled.

MM PSU-6b Prior to the issuance of final certificates of occupancy for each building developed within the West Patterson Business Park Expansion, the project applicant shall provide information to the City of Patterson describing the methods by which recycling and waste diversion activities shall be achieved. This information shall include but is not limited to the type and location of facilities necessary to collect and store recyclable materials, contractors who would pick-up recyclable and reusable materials, and how recycling and waste diversion activities would be integrated into operational practices. To the extent feasible, centralized recycling facilities within each use are encouraged to enhance the ease and efficiency of such practices.

Conclusion
The conclusions from the Certified EIR remain unchanged.

7.1.j
Packet Pg. 435 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
CEQA Checklist Initial Study/Addendum
78 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Environmental Issue
Area
Conclusion in
Certified EIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
XIX. Wildfire
If located in or near State Responsibility Areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an
adopted emergency
response plan or
emergency evacuation
plan?
Less than
significant
impact with
mitigation
No No No MM HAZ-4
b) Due to slope, prevailing
winds, and other factors,
exacerbate wildfire risks,
and thereby expose
project occupants to,
pollutant concentrations
from a wildfire or the
uncontrolled spread of a
wildfire?
N/A No No No None
c) Require the installation or
maintenance of
associated infrastructure
(such as roads, fuel
breaks, emergency water
sources, power lines or
other utilities) that may
exacerbate fire risk or
that may result in
temporary or ongoing
impacts to the
environment?
N/A No No No None
d) Expose people or
structures to significant
risks, including
downslope or
downstream flooding or
landslides, as a result of
runoff, post-fire slope
instability, or drainage
changes?
N/A No No No None
Discussion
a) The Certified EIR found that the portion of the business park between I-5 and the California Aqueduct would only have one point of connection to the rest of the business park. The Certified EIR set forth Mitigation Measure HAZ-4, which required the applicant to establish an

7.1.j
Packet Pg. 436 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) City of Patterson—KDN Property Rezone Project
Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 79 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5764/57640001/Addendum/57640001 KDN Property Rezone Project IS Addendum.docx Emergency Vehicle Access to Del Puerto Road in conjunction with the development of this portion of the business park. The Certified EIR concluded that impacts would be less than significant with mitigation.

The KDN Property abuts Rogers Road and has multiple points for emergency access. The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new impacts associated with emergency access would occur. As such, the conclusions of the Certified EIR remain unchanged.
b-d) Wildfire-specific impacts were not on the CEQA Appendix G Checklist when the EIR was prepared. However, the Certified EIR addressed potential impacts associated with wildfire in its analysis of hazards. The KDN Property abuts Rogers Road, the California Aqueduct, and the Delta-Mendota Canal; it does not abut any State Responsibility Areas, lands classified as very high fire hazard severity zones, or wildland areas and, thus, would not be susceptible to wildland fires or post-fire impacts. The proposed project would subdivide the KDN Property into two parcels and rezone Parcel 2 to ‘Light Industrial.’ No new construction would occur as a result of these actions and, therefore, no new impacts associated with wildland fire exposure would occur. As such, the conclusions of the Certified EIR remain unchanged.

Mitigation Measures
None.

Conclusion
The conclusions from the Certified EIR remain unchanged.

7.1.j
Packet Pg. 437 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park)

THIS PAGE INTENTIONALLY LEFT BLANK

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Packet Pg. 438 Attachment: KDN Property Rezone Project Initial Study Addendum (Resolution No.2022-64 Rogers Road Retail and Business Park) 1 CITY OF PATTERSON
Planning Commission Staff Report
General Plan Amendment/Rezone #22-01
Rogers Road Retail and Business Park
August 25, 2022 Meeting

PROJECT SUMMARY
A General Plan Amendment and Rezone to redesignate approximately 59.88 acres of a 101.96-acre lot, located west of Rogers Road between the Delta Mendota Canal and the California Aqueduct, from General Commercial to West Patterson Light Industrial. The site is located within the West Patterson Business Park Expansion Master Development Plan area. No development is proposed as part of this proposal. The Planning Commission is advisory to the City Council in this matter.

APPLICANT AND SITE INFORMATION
Applicant: Baldwin Ranch Development LLC
Property Owners: Various
Environmental Review: Addendum to 2012 West Patterson Business Park Expansion Project EIR, SCH# 2011082016
Location: West of Rogers Road, between the California
Aqueduct and the Delta Mendota Canal
Assessor Parcel Number: 021-025-028
Project Size: 101.96 acres ±
General Plan Designation: GC, General Commercial
Zoning: GC, General Commercial, West Patterson
Business Park Expansion Planned Development
Overlay
Present Use: Vacant lot
Surrounding Land Uses: Commercial development to the east, planned light industrial development to the north,
California Aqueduct and Delta Mendota Canal
Recommendation: Recommend Conditional Approval to the City Council

BACKGROUND
In 2012, the City Council adopted the West Patterson Business Park Expansion project, which provided a development framework for the area bounded, roughly, by Rogers Road, Zacharias Road, and Interstate 5. The plan envisioned a combination of retail development and warehouse/industrial development. The master plan was further divided into two portions, the KDN Business Park/Retail Center, where the subject site is located, and the Arambel Business Park.

7.1.k
Packet Pg. 439 Attachment: Rogers Rezone PC report final (Resolution No.2022-64 Rogers Road Retail and Business Park) 2 CURRENT DESIGNATIONS
As approved at the time of the West Patterson Business Park Expansion approval, the subject site is zoned General Commercial. This zoning designation is primarily intended for retail, office, and restaurant types of uses. That plan includes tentative approvals for approximately one million square feet of commercial building space on the subject property.

For context, the total commercial square footage in the vicinity of Sperry Avenue and Ward Avenue (the Walmart, Save Mart, True Value, and Walgreen’s shopping centers is approximately 350,000 square feet. A large format box retailer, such as Walmart or Target, typically totals 120,000 to 150,000 square feet. A typical grocery store would be 30,000- 50,000 square feet, with smaller restaurants and retailers measuring between 3,000-20,000 square feet.

Despite plans for future growth, with the increased use of online shopping and other competing commercial sites within the city, the potential to buildout the entire one million square feet of the site seems unlikely. Further, the number of vehicle trips passing by a site is critical to the success of most shopping centers. For the subject site, only the areas adjacent to Rogers Road are likely to see a large volume of vehicles passing by.

PROPOSED DESIGNATIONS
The proposal under consideration would keep the General Commercial zoning on the southeastern area of the parcel, the area closest to Rogers Road. The 59.88 acres to the north and west of the property would be redesignated to Light Industrial under the City of Patterson General Plan and rezoned to the West Patterson Light Industrial District. This zoning designation is intended for industrial parks, warehousing, and light manufacturing.

The use would be consistent with the zoning designation of areas to the north.

ENVIRONMENTAL REVIEW/CEQA COMPLIANCE
An environmental impact report (EIR) was prepared for the West Patterson Business Park Expansion project in 2012, SCH# 2011082016. 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 addressed by a Statement of Overriding Consideration adopted by City Council.

First Carbon Solutions prepared an initial study to consider the General Plan Amendment and Rezone. The California Environmental Quality Act provides that a lead agency shall prepare an addendum to a previously adopted EIR if some changes are necessary, but none of the following conditions exist:

7.1.k
Packet Pg. 440 Attachment: Rogers Rezone PC report final (Resolution No.2022-64 Rogers Road Retail and Business Park) 3 1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or ND . . . due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 1
2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or ND . . . due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the ND was adopted. . . shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR or ND or negative declaration;
b. Significant effects previously examined will be substantially more severe than shown in the previous EIR or ND;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR or ND would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative (CEQA Guidelines § 15162, subd. (a); see also PRC § 21166).

An Initial Study/Addendum to the EIR was prepared outlining that none of the above conditions are present.

ALTERNATIVE ACTIONS
The Planning Commission is advisory to the City Council in this matter. The Planning Commission may take one of the following actions:

1. Recommend approval of the proposed project to the City Council.

2. Recommend approval of the proposed project to the City Council, with changes/revisions as may be determined by the Commission.

7.1.k
Packet Pg. 441 Attachment: Rogers Rezone PC report final (Resolution No.2022-64 Rogers Road Retail and Business Park) 4 3. Determine that denial of the proposed project is not consistent with the findings and recommend denial to the City Council.

FINDINGS
In order to recommend approval of the General Plan Amendment and Rezone, the Planning Commission must make the following findings:

1. That the project will not result in any new substantial changes to the West Patterson Business Park Expansion EIR and the Addendum adequately addresses proposed changes.

2. That the proposed project is consistent with the goals, policies, and standards of the Patterson General Plan and all other applicable standards and ordinances of the City of Patterson.

3. That the proposed change in land use designation will remain consistent with surrounding land use designations.

RECOMMENDATION
The project is consistent with the City of Patterson General Plan. Staff’s recommendation is that the Commission should:

1. Conduct a public hearing and allow members of the public to testify;

2. Consider the issues discussed in this report; and,

3. Adopt the attached resolution recommending approval of the General Plan Amendment and Rezone, subject to findings.

Respectfully submitted,
Joel Andrews, City Planner
Attachments
Attachment 1 - Resolution 2022-01
Attachment 2 - Location Map
Attachment 3 - Applicant’s Written Description
Attachment 4 - Rezone Map
Attachment 5 - General Plan Map
Attachment 6 - Zoning Map
Attachment 7 - Municipal Code Section 18.42 – Commercial and Medical/Professional Office Districts Attachment 8 - Municipal Code Section 18.46 – Industrial Districts Attachment 9 - KDN Property Rezone Initial Study and Addendum to the West Patterson Business Park Expansion EIR
Attachment 10 Public Notice

7.1.k
Packet Pg. 442 Attachment: Rogers Rezone PC report final (Resolution No.2022-64 Rogers Road Retail and Business Park)

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, September 20, 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: General Plan Amendment/Rezone #22-01 Rogers Road Retail and
Business Park, west of Rogers Road, APN #021-025-028
General Plan Amendment and Rezone to redesignate
approximately 59.88 acres of a 101.96-acre lot, located west of Rogers Road between the Delta Mendota Canal and the California Aqueduct, from General Commercial to West Patterson Light Industrial. The site is located within the West Patterson Business Park Expansion Master Development Plan area. No development is proposed as part of this proposal.

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. 2022-55, 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: 851-3280-8583, PASSWORD: 7 4 7 5 2 7 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/85132808583?pwd=NVZ5WXBlWFNOMWtMRFlMOEJ5bzY5Zz09

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

7.1.l
Packet Pg. 443 Attachment: public notice 9-20-22 CC Mtg Rogers Road Retail Rezone mailout (Resolution No.2022-64 Rogers Road Retail and Business Park) 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

7.1.l
Packet Pg. 444 Attachment: public notice 9-20-22 CC Mtg Rogers Road Retail Rezone mailout (Resolution No.2022-64 Rogers Road Retail and Business Park) 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: September 20, 2022
ITEM NO: 8.1
SUBJECT: Approve Second Reading and Adoption of Ordinance No. 861, an Ordinance of City Council of the City of Patterson, Levying Special Tax within Community Facilities District No. 2022-01 (Public Safety Services).

RECOMMENDATION
Motion to Approve Second Reading and Adoption of Ordinance No. 861, an Ordinance of City Council of the City of Patterson, Levying Special Tax within Community Facilities District No. 2022-01 (Public Safety Services).

BACKGROUND
On August 16, 2022, the City Council approved the first reading and introduction of Ordinance No. 861 in regards to Levying Special Tax within Community Facilities District No. 2022-1 (Public Safety Services). Staff is now requesting for the City Council to approve the second reading and adoption of Ordinance No. 861 as presented and hereto attached.

FISCAL IMPACT
There is no fiscal impact to the City.

Attachment:

Ordinance No.861

8.1 Packet Pg. 445
ORDINANCE NO. 861

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PATTERSON LEVYING SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 2022-01 (PUBLIC SAFETY SERVICES)
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, sections 53311, et. seq., of the California Government Code (the “Act”), on May 17, 2022, this City Council (the “Council”) of the City of Patterson (the “City”), adopted its resolution entitled “Resolution of Intention to Establish Community Facilities District No. 2022-01 (Public Safety Services) and Future Annexation Area” (the “Resolution of Intention”), and has conducted proceedings (the “Proceedings”) to establish “City of Patterson Community Facilities District No. 2022-01 (Public Safety Services)” (the “CFD”) and a future annexation area (the “Future Annexation Area”) pursuant to the Mello-Roos Community Facilities Act, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”) to finance certain services (the “Services”) as provided in the Act; WHEREAS, pursuant to notice as specified in the Act, and as part of the Proceedings, the Council has held a public hearing under the Act relative to the determination to proceed with the formation of the CFD and the Future Annexation Area and the rate and method of apportionment of the special tax (“Special Tax”) to be levied within the CFD to finance the Services, and at such hearing all persons desiring to be heard on all matters pertaining to the formation of the CFD and the Future Annexation Area and the levy of the Special Tax were heard, substantial evidence was presented and considered by this Council and a full and fair hearing was held; WHEREAS, upon the conclusion of the hearing, this Council adopted its "Resolution of Formation of Community Facilities District" (the “Resolution of Formation), pursuant to which it completed the Proceedings for the establishment of the CFD and the Future Annexation Area, the authorization of the levy of the Special Tax within the CFD and the calling of an election within the CFD on the propositions of levying the Special Tax and establishing an appropriations limit within the CFD, respectively; and
WHEREAS, on August 16, 2022, a special election was held among the landowner voters within the CFD at which such voters approved such propositions by the two-thirds vote required by the Act, which approval has been confirmed by resolution of this Council.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PATTERSON as follows:

Section 1. By the passage of this Ordinance, the Council hereby authorizes and levies the Special Tax within the CFD (including any parcel or parcels in the Future Annexation Area that annex into the CFD at rate to be determined at the time of annexation) pursuant to the Act, at the rate and in accordance with the rate and method of apportionment of Special Tax set forth in the Resolution of Formation which rate and method is by this reference incorporated herein.

The Special Tax is hereby levied commencing in fiscal year 2022-23, and in each fiscal year thereafter to pay for the Services for the CFD, as contemplated by the Resolution of Formation and the Proceedings and all costs of administering the CFD.

Section 2. The Finance Director of the City or designee, or an employee or consultant of the City, is hereby authorized and directed each fiscal year to determine the specific Special Tax

8.1.a
Packet Pg. 446 Attachment: Ordinance No. 861 (Motion to Approve Second Reading and Adoption of Ordinance No. 861, an Ordinance of City Council) -2-
to be levied for the next ensuing fiscal year for each parcel of real property within the CFD (including any parcel in the Future Annexation Area that annex into the CFD), in the manner and as provided in the Resolution of Formation.

Section 3. Exemptions from the levy of the Special Tax shall be as provided in the Resolution of Formation and the applicable provisions of the Act. In no event shall the Special Tax be levied on any parcel within the CFD in excess of the maximum Special Tax specified in the Resolution of Formation.

Section 4. All of the collections of the Special Tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of costs of the Services, the payment of the costs of the City in administering the CFD, and the costs of collecting and administering the Special Tax.

Section 5. The Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the Council may provide for other appropriate methods of collection by resolution(s) of the Council. In addition, the provisions of Section 53356.1 of the Act shall apply to delinquent Special Tax payments. The Finance Director of the City is hereby authorized and directed to provide all necessary information to the auditor/tax collector of Stanislaus County in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of Stanislaus County for fiscal year 22-23 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City.

Section 6. If for any reason any portion of this ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel within the CFD, by a court of competent jurisdiction, the balance of this ordinance and the application of the Special Tax to the remaining parcels within the CFD shall not be affected.

Section 7. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published immediately after its passage at least once in a newspaper of general circulation circulated in the City.

Section 8. This Ordinance shall take effect 30 days from the date of final passage. * * * * * * * * *

8.1.a
Packet Pg. 447 Attachment: Ordinance No. 861 (Motion to Approve Second Reading and Adoption of Ordinance No. 861, an Ordinance of City Council) -3-
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Patterson held on the 16th day of August 2022, by _________________, who moved its introduction, which motion being duly seconded by _____________________. Said Ordinance was given a second reading and adopted at a regular meeting of the City Council held on the 20th, day of September, 2022, and after such reading, ________________ moved its adoption, seconded by ____________________, and said Ordinance was thereupon adopted by the following roll call
AYES:

NOES:

EXCUSED:

ATTEST: APPROVED:
_________________________ _________________________
Aracely Alegre Dennis McCord
City Clerk of the City of Patterson Mayor of the City of Patterson

8.1.a
Packet Pg. 448 Attachment: Ordinance No. 861 (Motion to Approve Second Reading and Adoption of Ordinance No. 861, an Ordinance of City Council)