Recording Requested by
CITY OF PATTERSON
After Recording Return to
CITY OF PATTERSON
ATTN: CITY CLERK
POST OFFICE BOX 667
1 PLAZA
PATTERSON, CA 95363
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(Space above this line for recorder’s use)
LOVES TRAVEL CENTER & SPEEDCO TIRE
SHOP
55 S. Rogers Road & 93 S. Rogers Road, Patterson, CA 95363 APN# 021-093-003
(Resolution Attached)
LANDSCAPE & STORMWATER TREATMENT CONTROL MEASURES
(SCMs) MAINTENANCE & ACCESS AGREEMENT
THIS LANDSCAPE & STORMWATER TREATMENT CONTROL MEASURES (SCMs) MAINTENANCE & ACCESS AGREEMENT, (the “Agreement”) is made and entered into ____ day of 2022 (the “Effective Date”), by and between the City of Patterson (“City”), a California municipal corporation, and Love’s Country Stores of California (“Developer”). City and Developer each are referred to herein separately as “Party” and collectively as the “Parties”. There are no other parties to this Agreement.
RECITALS
This Agreement is being entered with reference to the following facts:
A. In accordance with the recommendations of the Planning Commission (“Commission”), the City Council for City (“City Council”) approving an application for Conditional Use Permit #19-07 and Architectural & Site Plan Review #19-07 to develop a Commercial Gasoline and Retailer/Tire Shop facility (the “Project”) within the South Rogers Road Master Development Plan area.
5.6.b
Packet Pg. 595 Attachment: Landscape and Stormwater Access and Maintenance Agreement (City of Patterson - Patterson CA) FINAL 11-18-22 (Resolution
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT LOVES TRAVEL CENTER AND SPEEDCO TIRE SHOP- S. ROGERS ROAD Date: 11/18/22
B. The Project is located on parcels located at 55 S. Rogers Road & 93 S. Rogers Road, Patterson, California, Stanislaus County Assessor’s Parcel Number 021-093-003 (the “Subject Property”), as shown in more detail in Exhibits A and Exhibit B.
C. As a condition of approval of the Project, Developer has installed, constructed, and agreed to perpetually maintain and repair all stormwater treatment control devices and adequate landscaping on the Subject Property (the “Private Improvements”), as shown in more detail in the approved improvement plans, referenced as Exhibit C-1, with the exception of the landscaped slope area described in Exhibit E.
The SCM (as hereafter defined) have been installed in accordance with plans and specification accepted by the City of Patterson; SCM has been installed on private property and draining into a private owned storm drainage basin which is located on a separate parcel, not owned by Developer. Therefore, the SCM installed on-site will be used to treat all stormwater onsite before it enters the private storm basin. The SCMs installed are “private” facilities with all maintenance or replacement to be the sole responsibility of the owner of such property in accordance to all the terms of this Agreement, and Developer shall be responsible only for those SCMs installed on property owned by Developer. The storm drainage basin installed at this development will be private and the basin will be owned and maintained by the owner(s) of the property on which the drainage basin is installed. Therefore, maintenance of the basin remains private under the responsibility of the owner of the property on which the drainage basin is installed. Additionally, the Developer agrees to enroll in the City’s Fats, Oils, and Grease (F.O.G.) Program, which will require maintenance reports to be submitted to the City on a regular basis and/or upon request of the City.
D. The City’s approval of the Project was conditioned upon Developer satisfying certain conditions, which included the obligation to construct and dedicate to City certain offsite improvements near the Subject Property (the “Civil Public Improvements”), as shown in more detail in the approved improvement plans, referenced as Exhibit C-2.
E. As a condition of approval, Developer shall maintain the landscaping for the Onsite Improvements at the location shown in Exhibit C-1 that are within the boundaries of the Subject Property (“Civil Public Improvements”), except for the sloped area as Described in Exhibit E, which shall not be the responsibility of Developer.
F. City and Developer desire to enter into this Agreement to clearly define the responsibilities for both Parties with respect to the Civil Improvements and Stormwater Treatment Control Measures (“SCMs”), including on-site storm drain inlets, full capture trash screens, etc. installed as part of the Project on the Subject Property (collectively, the “Project Maintenance”).
NOW, THEREFORE, in consideration of the foregoing and the covenants and agreements contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:
AGREEMENT
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Packet Pg. 596 Attachment: Landscape and Stormwater Access and Maintenance Agreement (City of Patterson - Patterson CA) FINAL 11-18-22 (Resolution
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT LOVES TRAVEL CENTER AND SPEEDCO TIRE SHOP- S. ROGERS ROAD Date: 11/18/22
Section 1. Recitals. The Recitals above are true and correct and are hereby incorporated into and made part of this Agreement. In the event of inconsistency between the Recitals and the provisions of Sections 1 through 11, the provisions of Sections 1 through 11 shall prevail.
Section 2. Exhibits. The following Exhibits are attached to and incorporated into this Agreement:
Exhibit Designation Exhibit Description
Exhibit A Legal Description
Exhibit B Site Map
Exhibit C-1 Approved Onsite Civil Improvement Plans
Exhibit C-2 Approved Offsite Civil Public Improvement Plans Exhibit D Operations & Maintenance Plan
Exhibit E Slope Area and Access Area for Maintenance Purposes Section 3. Developer Responsibilities and Rights. Developer shall perform all Project Maintenance, subject to the terms and conditions of this Agreement. Project Maintenance includes the following:
Section 3.1. Permit Required. Developer shall obtain a permit and approval from City before establishing any future connections to the City’s water, sewer, and storm systems.
Section 3.2. Routine Maintenance. Developer shall routinely and regularly maintain all Onsite Improvements, including the storm drain interceptor, post-construction stormwater treatment control measures (SCMs) installed on the Subject Property, including any vegetated swales, temporary/permanent storm basins, bio-filtration area(s), trash capturing devices, etc., as shown on the approved onsite improvement plans, referenced as Exhibit C-1. This routine maintenance includes keeping the storm drain interceptor and stormwater treatment control BMPs clean and clear of debris and properly maintained.
Developer shall participate in and remain in compliance with the City’s Fats, Oils, and Grease (F.O.G.) Control Program for on-going maintenance (storm/sewer) per Operations & Maintenance Manual, Exhibit D to this Agreement, and to the satisfaction of the Public Works Department.
Section 3.3. Landscaping and Storm Drainage System. Developer shall plant and maintain, all Onsite Improvements including all trees and other landscaping, stormwater treatment BMPs/control measures/LID improvements, and or vegetated swales located on the Subject Property and as shown on Exhibit C. All trees shall be planted, maintained and replaced in accordance with the City’s Street Tree Plan and Approved Tree List, per the City’s municipal code.
Section 3.4. Assembly Bill 1881. Developer will own, maintain and replace all landscaping, including the planter installed on private property within the Subject Property in accordance with all
5.6.b
Packet Pg. 597 Attachment: Landscape and Stormwater Access and Maintenance Agreement (City of Patterson - Patterson CA) FINAL 11-18-22 (Resolution
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT LOVES TRAVEL CENTER AND SPEEDCO TIRE SHOP- S. ROGERS ROAD Date: 11/18/22
applicable local and state laws, including the requirements established by Assembly Bill 1881 (Reg. Sess. 2005-2006) (“AB 1881”) and Chapter 15.48 of the City of Patterson Municipal Code. Before changing any landscaping or irrigation system within the Subject Property or at the location of Offsite Public Improvements, Developer shall submit such proposed changes (the “Proposed Plans”) to the City for review and shall not commence such changes until City provides written approval, such approval shall not to be unreasonably withheld, conditioned or delayed. City shall have fifteen (15) days following its receipt of the Proposed Plans to either approve or disapprove the Proposed Plans, in its reasonable discretion, by delivering written notice to Developer of its approval or disapproval of the Proposed Plans (“Approval Notice” or “Disapproval Notice”, as applicable). If City disapproves the Proposed Plans, then City shall give specific reasons therefor in the Disapproval Notice, whereupon Developer shall have fifteen (15) days following its receipt of the Disapproval Notice to submit to City revised plans and specifications for the landscaping and/or irrigation system (the “Revised Plans”). City shall have fifteen (15) days following its receipt of the Revised Plans to either approve or disapprove the Revised Plans, in its reasonable discretion, by delivering written notice to Developer of its approval or disapproval of the Revised Plans. The foregoing process shall continue until the Proposed Plans (or the Revised Plans) have been finally approved by City in an Approval Notice. If City fails to approve or disapprove the Proposed Plans or Revised Plans, as applicable, within the time period specified above, said plans shall be deemed approved. For any change to the landscaping or irrigation system within the Subject Property Developer shall also complete and submit an AB 1881 Audit and Certification to City.
Section 3.5. Backflow Protection Device. In addition to the maintenance and landscaping requirements set forth in Section 3 of this Agreement, Developer shall maintain the backflow protection device constructed as part of the Onsite Civil Improvements as shown on Exhibit C-1 in accordance with City standards even if the device is located within a public right-of-way.
Section 4. City Responsibility and Rights.
Section 4.1. City shall own, maintain, repair and replace the water meters and the water meter boxes for the Project, as it deems necessary.
Section 4.2. City and City’s employees, officials, representatives, commissioners, officers, contractors, and members (“City’s Agents”) have the right to enter the Subject Property from time to time during normal business hours to inspect the water meters, water meter boxes, fire hydrants, and Project Maintenance to ensure compliance with all applicable maintenance requirements and regulations. City Agents shall not unreasonably interfere with Developer’s business activities on the Subject Property.
Section 4.3. In the event of an emergency situation or if City reasonably determines that public health, safety or welfare are likely to be harmed, City and City’s Agents shall have the right to enter any portion of the Subject Property necessary to resolve the issue or abate the danger or emergency. In such situation, Developer shall provide City and City’s Agent’s with access to the water meters and water boxes as the City deems necessary for meter reading, maintenance, repair, or replacement.
5.6.b
Packet Pg. 598 Attachment: Landscape and Stormwater Access and Maintenance Agreement (City of Patterson - Patterson CA) FINAL 11-18-22 (Resolution
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT LOVES TRAVEL CENTER AND SPEEDCO TIRE SHOP- S. ROGERS ROAD Date: 11/18/22
Section 4.4. City or a qualified third party approved by City will test all backflow devices installed on any of the water meters installed on the Subject Property on an annual basis at a schedule to be reasonably determined by City and Developer, at the sole cost of Developer. Notwithstanding the foregoing, Developer shall only be responsible for the actual, documented out-of-pocket cost of any such testing.
Section 4.5. The Parties acknowledge and agree that City owns and shall maintain all water, sewer, and storm drain lines within the public rights-of-way adjacent to the Subject Property, including the Offsite Civil Public Improvements shown in Exhibit C-2.
Section 5. Term of Agreement. This Agreement is binding upon the Parties, their successors and assigns, and the agreements and covenants contained in this Agreement run with the land and with title to the Subject Property. Termination of the Agreement must be mutually agreed to in writing by the Parties.
Section 6. Default. In the event Developer fails to properly perform Project Maintenance, including but not limited to maintaining, or causing to be maintained, the Offsite Public Improvements and Onsite Improvements and associated landscaping as set forth in Section 3 of this Agreement, beyond any applicable notice and cure period, Developer shall be in default of this Agreement (“Default”). Upon receipt of a notice from City, Developer shall have sixty (60) days to cure such failure in accordance with the terms set forth by City (the “Cure Period”). If Developer fails to cure such failure to City’s reasonable specifications and parameters, Developer agrees to participate in and not protest the inclusion and annexation of the Subject Property into any appropriate Landscape Maintenance District, Benefit Assessment District, Community Facilities District(s), or any other assessment or financing vehicle City reasonably deems appropriate to provide proper maintenance of the Onsite Improvements and Offsite Public Improvements.
Section 7. Waiver. City or City’s officers, employees, agents, representatives or contractors may inspect or make statements indicating that certain work or materials used to complete construction of the Project Maintenance comply with this Agreement. There may also be acceptance of certain Offsite Public Improvements or payments associated with the Offsite Improvements by City. None of these acts or statements shall relieve Developer of its obligations in this Agreement or serve as a basis or defense against City seeking to bring an action against Developer for any damages arising from the breach of any term or condition of this Agreement by Developer.
Section 8. Indemnity. Developer shall hold harmless, indemnify, and defend City and City’s Agents from all liability that may be incurred by City as a result of any injuries to persons or damage to property arising out of or attributable to Developer’s Project Maintenance including construction or maintenance of the Onsite Improvements and Offsite Public Improvements, except for such liability directly resulting from City’s negligence or willful misconduct.
Section 9. Notices. Any notice or communication required hereunder between City and Developer must be in writing, and may be given either personally, by facsimile (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have
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Packet Pg. 599 Attachment: Landscape and Stormwater Access and Maintenance Agreement (City of Patterson - Patterson CA) FINAL 11-18-22 (Resolution
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT LOVES TRAVEL CENTER AND SPEEDCO TIRE SHOP- S. ROGERS ROAD Date: 11/18/22
been given when delivered to the Party to whom it is addressed. If given by facsimile transmission, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving party’s facsimile machine. Notices transmitted by facsimile after 5:00 p.m. on a normal business day or on a Saturday, Sunday or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:
If to City: City of Patterson
ATTN: City Clerk
1 Plaza
City Hall
Patterson, California 95363
Tel: (209) 895-8000
Fax: (209) 895-8019
With courtesy copy to: City of Patterson
ATTN: City Manager
1 Plaza
City Hall
Patterson, California 95363
Tel: (209) 895-8000
Fax: (209) 895-8019
and City of Patterson
ATTN: City Attorney
1 Plaza
City Hall
Patterson, California 95363
Tel: (209) 895-8000
Fax: (209) 895-8019
If to Developer: Love’s Country Stores of California
ATTN: Rick Shuffield
10601 N. Pennsylvania Avenue
Oklahoma City, OK 73120
5.6.b
Packet Pg. 600 Attachment: Landscape and Stormwater Access and Maintenance Agreement (City of Patterson - Patterson CA) FINAL 11-18-22 (Resolution
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT LOVES TRAVEL CENTER AND SPEEDCO TIRE SHOP- S. ROGERS ROAD Date: 11/18/22
Tel: (405) 302-6646
Fax: (405) 936-7423
Section 10. Heirs, Successors and Assigns. This Agreement shall be recorded and shall apply to all future owners of any portion of the Subject Property. Any subsequent transferee of the Subject Property, or any part thereof, by acceptance of a deed or conveyance of the said property shall be deemed to have consented to and become bound by the terms of this Agreement. This Agreement shall be binding on the heirs, successors, and assigns of the Parties.
Section 11. General Provisions.
Section 11.1. Modification of Agreement. This Agreement may be supplemented, amended, or modified only by the mutual agreement of the Parties. No supplement, amendment, or modification of this Agreement will be binding unless it is in writing and signed by all the Parties. No provisions in either Party’s correspondence or other business forms used by either Party will supersede or add to the terms and conditions of this Agreement.
Section 11.2. Entire Agreement. This Agreement and all other agreements and exhibits referenced in this Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the Parties pertaining to the matters pertaining to the Project Maintenance as set forth herein and supersedes all prior and contemporaneous understandings or agreement of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty outside those expressly set forth in this Agreement.
Section 11.3. Severability of Agreement. If a court or an arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision.
Section 11.4. Intentionally deleted.
Section 11.5. Ambiguities. Each Party and its counsel have participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting Party does not apply in interpreting this Agreement.
Section 11.6. Headings. The headings in this Agreement are included for convenience only and neither affect the construction or interpretation of any provision in this Agreement nor affect any of the rights or obligations of the Parties to this Agreement.
IN WITNESS WHEREOF, the Parties have duly executed this Agreement, with the intention of being bound by it, on the Effective Date set forth above, per attached Resolution.
5.6.b
Packet Pg. 601 Attachment: Landscape and Stormwater Access and Maintenance Agreement (City of Patterson - Patterson CA) FINAL 11-18-22 (Resolution
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT LOVES TRAVEL CENTER AND SPEEDCO TIRE SHOP- S. ROGERS ROAD Date: 11/18/22
CITY: City of Patterson, a Municipal Corporation of the State of California By:
Ken Irwin, City Manager Date Signed
Approved as to Form:
Nubia Goldstein, City Attorney Date Signed
Attest By:
Aracely Alegre, City Clerk Date Signed
5.6.b
Packet Pg. 602 Attachment: Landscape and Stormwater Access and Maintenance Agreement (City of Patterson - Patterson CA) FINAL 11-18-22 (Resolution
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT LOVES TRAVEL CENTER AND SPEEDCO TIRE SHOP- S. ROGERS ROAD Date: 11/18/22
DEVELOPER: Love’s Country Stores of California
By:
Name and Title:
5.6.b
Packet Pg. 603 Attachment: Landscape and Stormwater Access and Maintenance Agreement (City of Patterson - Patterson CA) FINAL 11-18-22 (Resolution
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT LOVES TRAVEL CENTER AND SPEEDCO TIRE SHOP- S. ROGERS ROAD Date: 11/18/22
NOTARY ACKNOWLEDGMENT
State of California )
)
County of ____________ )
On _________________, 20 , before me, , Notary Public,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public [Seal]
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
5.6.b
Packet Pg. 604 Attachment: Landscape and Stormwater Access and Maintenance Agreement (City of Patterson - Patterson CA) FINAL 11-18-22 (Resolution
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT LOVES TRAVEL CENTER AND SPEEDCO TIRE SHOP- S. ROGERS ROAD Date: 11/18/22
EXHIBIT “A’
LEGAL DESCRIPTION
. For APN/Parcel ID(s): 021-091-012-000 (portion)
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
PATTERSON, COUNTY OF STANISLAUS, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
Parcel 3 as per that certain parcel map thereof filed for record November 19, 2019 in Book 58 of Parcel Maps, at page 05, Stanislaus County Records
APN: 021-021-012 (portion)
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Packet Pg. 605 Attachment: Landscape and Stormwater Access and Maintenance Agreement (City of Patterson - Patterson CA) FINAL 11-18-22 (Resolution
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT LOVES TRAVEL CENTER AND SPEEDCO TIRE SHOP- S. ROGERS ROAD Date: 11/18/22
EXHIBIT “B”
SITE MAP
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Packet Pg. 606
Attachment: Landscape and Stormwater Access and Maintenance Agreement (City of Patterson -
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT LOVES TRAVEL CENTER AND SPEEDCO TIRE SHOP- S. ROGERS ROAD Date: 11/18/22
EXHIBIT “C-1”
APRPOVED ONSITE CIVIL IMPROVEMENT PLANS (APPROVAL DATE:03/01/21)
5.6.b
Packet Pg. 607
Attachment: Landscape and Stormwater Access and Maintenance Agreement (City of Patterson -
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT LOVES TRAVEL CENTER AND SPEEDCO TIRE SHOP- S. ROGERS ROAD Date: 11/18/22
EXHIBIT “C-2”
APRPOVED OFFSITE CIVIL PUBLIC IMPROVEMENT PLANS FOR SPERRY AVENUE (APPROVAL DATE:06/15/21)
5.6.b
Packet Pg. 608
Attachment: Landscape and Stormwater Access and Maintenance Agreement (City of Patterson -
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT LOVES TRAVEL CENTER AND SPEEDCO TIRE SHOP- S. ROGERS ROAD Date: 11/18/22
EXHIBIT “C-2” (CONTINUED)
APRPOVED OFFSITE CIVIL PUBLIC IMPROVEMENT PLANS FOR ROGERS ROAD (APPROVAL DATE:06/15/21)
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Packet Pg. 609
Attachment: Landscape and Stormwater Access and Maintenance Agreement (City of Patterson -
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT LOVES TRAVEL CENTER AND SPEEDCO TIRE SHOP- S. ROGERS ROAD Date: 11/18/22
EXHIBIT “D”
OPERATIONS & MAINTENANCE MANUAL (SEE ATTACHED)
Operation and Maintenance Responsibility Plan: The owner of the property, Love’s Travel Center and Speedco Tire Shop, shall be responsible for funding, inspecting, and maintaining all improvements onsite. Maintenance and inspection activities for the identified BMPs will be performed as indicated on the enclosed BMP Maintenance Responsibility/ Frequency Matrix. The owner shall be responsible for all maintenance and inspection responsibilities for all improvements located within the limits of the project.
5.6.b
Packet Pg. 610
Attachment: Landscape and Stormwater Access and Maintenance Agreement (City of Patterson -
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT LOVES TRAVEL CENTER AND SPEEDCO TIRE SHOP- S. ROGERS ROAD Date: 11/18/22
5.6.b
Packet Pg. 611
Attachment: Landscape and Stormwater Access and Maintenance Agreement (City of Patterson -
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT LOVES TRAVEL CENTER AND SPEEDCO TIRE SHOP- S. ROGERS ROAD Date: 11/18/22
5.6.b
Packet Pg. 612
Attachment: Landscape and Stormwater Access and Maintenance Agreement (City of Patterson -
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT LOVES TRAVEL CENTER AND SPEEDCO TIRE SHOP- S. ROGERS ROAD Date: 11/18/22
5.6.b
Packet Pg. 613
Attachment: Landscape and Stormwater Access and Maintenance Agreement (City of Patterson -
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT LOVES TRAVEL CENTER AND SPEEDCO TIRE SHOP- S. ROGERS ROAD Date: 11/18/22
EXHIBIT E
SLOPE AREA(S) ACCESS SITE MAP (LOT A1, LOT B1, AND LOT C1) (Access Areas highlighted in Orange)
5.6.b
Packet Pg. 614
Attachment: Landscape and Stormwater Access and Maintenance Agreement (City of Patterson - Stormwater Control Measures
Operation and Maintenance Plan
Love’s Travel Stop #807
55 South Rogers Road, Patterson, CA
Prepared for:
Love’s Travel Stops & Country Stores
10601 North Pennsylvania Ave
Oklahoma City, OK 73120
Prepared by:
Apex Companies LLC
6815 Flanders Drive, Suite 155
San Diego, CA 92121
October 11, 2022
EXHIBIT "D" - O&M MANUAL 5.6.c
Packet Pg. 615 Attachment: Loves 807 Patterson CA - SW OM Manual - 10.11.2022 Exhibit D (Resolution No. 2022-83 Landscape & SCMs Access and Operation and Maintenance Plan for Stormwater Control Measures, October 2022 Loves Travel Centers, 55 South Rogers Road Patterson, CA Page i
TABLE OF CONTENTS
1.0 INTRODUCTION............................................................................................................... 1
2.0 SCM INFRASTRUCTURE DESCRIPTIONS..................................................................... 2
2.1 Type and Location of SCMs...................................................................................... 2
2.2 SCM Description....................................................................................................... 5
2.2.1 Bioretention Areas and Concrete Planter Strips ............................................ 5
2.2.2 Drop Inlets/Curb Inlets/Trench Drains ........................................................... 6
2.2.3 Oil-Water Clarifiers........................................................................................ 7
3.0 INSPECTION & MAINTENANCE ACTIVITIES ................................................................. 8
3.1 SCM Inspection and Maintenance Activities and Frequency..................................... 8
3.1.1 Inspection and Maintenance Activities for Bioretention Areas and Concrete Planter Strips ................................................................................................ 8
3.1.2 Inspection and Maintenance Activities for Drop Inlets, Curb Inlets and Trench Drains ........................................................................................................... 9
3.1.3 Inspection and Maintenance Activities for Oil-Water Clarifiers......................10
4.0 INSPECTION & MAINTENANCE TRAINING...................................................................11
5.0 REPORTING & RECORD KEEPING ...............................................................................12
LIST OF TABLES
Table 2-1 Types and Locations of SCMs
Table 3-1 Inspection and Maintenance Frequency for Vegetated SCMs Table 3-2 Inspection and Maintenance Frequency for Drop Inlets, Curb Inlets, and Trench Drains
Table 3-3 Inspection and Maintenance Frequency for Oil-Water Clarifiers
5.6.c
Packet Pg. 616 Attachment: Loves 807 Patterson CA - SW OM Manual - 10.11.2022 Exhibit D (Resolution No. 2022-83 Landscape & SCMs Access and Operation and Maintenance Plan for Stormwater Control Measures, October 2022 Loves Travel Centers, 55 South Rogers Road Patterson, CA Page ii TABLE OF CONTENTS (continued)
LIST OF FIGURES
Figure 2-1 SCM Locations
Figure 2-2 Bioretention Area Profile
Figure 2-3 Drop Inlet fitted with Drain Inlet Insert Profile
ATTACHMENTS
Attachment A Facility SCM Map
Attachment B Inspection and Maintenance Logs
Attachment C Natural Enemies of Potential Pests
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Packet Pg. 617 Attachment: Loves 807 Patterson CA - SW OM Manual - 10.11.2022 Exhibit D (Resolution No. 2022-83 Landscape & SCMs Access and Operation and Maintenance Plan for Stormwater Control Measures, October 2022 Loves Travel Centers, 55 South Rogers Road Patterson, CA Page 1
1.0 INTRODUCTION
The following Operations and Maintenance Plan (O&M Plan) has been prepared for Love’s Travel Stops & Country Stores and describes the operation and maintenance activities required for multiple stormwater control measures (SCMs) installed during construction of the Loves Travel Center facility at 55 South Rogers Road in Patterson, California.
This SCM O&M Plan is provided for the benefit of facility management, staff, and vendors as a guide for routine inspection and maintenance of SCMs at the facility, which is necessary to ensure their ongoing performance and effectiveness. This SCM O&M Plan is also included as an attachment to the Facility UAs and Landscape and SCM Maintenance Agreement with the City of Patterson, California.
The type, number, and location of each SCM are presented in Section 2.0. Section 2.0 also gives a detailed description of the SCMs and a general outline of how they operate. The inspection and maintenance tasks and frequency requirements for each SCM type are presented in Section 3.0.
Guidelines for inspection and maintenance training are provided in Section 4.0 and guidelines for record keeping and reporting are provided in Section 5.0.
5.6.c
Packet Pg. 618 Attachment: Loves 807 Patterson CA - SW OM Manual - 10.11.2022 Exhibit D (Resolution No. 2022-83 Landscape & SCMs Access and Operation and Maintenance Plan for Stormwater Control Measures, October 2022 Loves Travel Centers, 55 South Rogers Road Patterson, CA Page 2
2.0 SCM INFRASTRUCTURE DESCRIPTIONS
2.1 Type and Location of SCMs
The SCMs at this facility include: 5 bioretention areas, 8 concrete planter strips, 5 curb inlets, 18 drop inlets, 3 trench drains, and 2 oil-water clarifiers.
Table 2-1 presents a list identifying the type, location, and unique identification number for each of the 41 SCMs at this facility. Figure 2-1 is a facility map showing the location of each of the 41 SCMs. An enlarged copy of the facility map is provided in Appendix A.
The subsections below describe the basic SCM types, as well as features unique to each individual SCM.
TABLE 2-1
TYPES AND LOCATIONS OF SCMS
SCM ID Lat/Long* SCM Type
BIO-1 37°27'48.12"N/ 121°10'31.03"W Bioretention Area with 1 Outfall and 1 Inlet rise BIO-2 37°27'47.05"N/ 121°10'29.95"W Bioretention Area with 1 Inlet Riser BIO-3 37°27'45.42"N/ 121°10'27.03"W Bioretention Area with 1 Bubble Up Drain BIO-4 37°27'42.85"N/ 121°10'24.67"W Bioretention Area with 1 Outfall BIO-5 37°27'39.92"N/ 121°10'22.08"W
Bioretention Area with 2 Outfalls, 1 Inlet Riser, and 1 Bubble Up Drain
PS-1 37°27'47.67"N/121°10'35.65"W Concrete Planter Strip PS-2 37°27'47.48"N/121°10'35.71"W Concrete Planter Strip PS-3 37°27'48.79"N/121°10'34.15"W Concrete Planter Strip PS-4 37°27'47.53"N/121°10'34.91"W Concrete Planter Strip PS-5 37°27'46.45"N/121°10'34.64"W Concrete Planter Strip PS-6 37°27'47.01"N/121°10'34.43"W Concrete Planter Strip PS-7 37°27'47.42"N/121°10'33.72"W Concrete Planter Strip PS-8 37°27'46.90"N/121°10'30.58"W Concrete Planter Strip CI-1 37°27'47.94"N/121°10'34.34"W Curb Inlet
CI-2 37°27'47.05"N/121°10'30.48"W Curb Inlet
CI-3 37°27'46.49"N/121°10'28.82"W Curb Inlet
CI-4 37°27'43.83"N/121°10'25.86"W Curb Inlet
CI-5 37°27'40.32"N/121°10'22.58"W Curb Inlet
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Packet Pg. 619 Attachment: Loves 807 Patterson CA - SW OM Manual - 10.11.2022 Exhibit D (Resolution No. 2022-83 Landscape & SCMs Access and Operation and Maintenance Plan for Stormwater Control Measures, October 2022 Loves Travel Centers, 55 South Rogers Road Patterson, CA Page 3 TABLE 2-1
TYPES AND LOCATIONS OF SCMS
SCM ID Lat/Long* SCM Type
DI-1 37°27'48.80"N/121°10'33.97"W Drop Inlet
DI-2 37°27'46.17"N/121°10'34.18"W Drop Inlet
DI-3 37°27'45.72"N/121°10'33.83"W Drop Inlet
DI-4 37°27'46.19"N/121°10'28.62"W Drop Inlet
DI-5 37°27'45.81"N/121°10'28.74"W Drop Inlet
DI-6 37°27'45.75"N/121°10'28.13"W Drop Inlet
DI-7 37°27'44.29"N/121°10'30.01"W Drop Inlet
DI-8 37°27'44.40"N/121°10'29.84"W Drop Inlet
DI-9 37°27'44.53"N/121°10'29.65"W Drop Inlet
DI-10 37°27'44.65"N/121°10'29.48"W Drop Inlet
DI-11 37°27'44.76"N/121°10'29.32"W Drop Inlet
DI-12 37°27'44.87"N/121°10'29.16"W Drop Inlet
DI-13 37°27'45.00"N/121°10'28.96"W Drop Inlet
DI-14 37°27'45.14"N/121°10'28.76"W Drop Inlet
DI-15 37°27'44.73"N/121°10'27.04"W Drop Inlet
DI-16 37°27'44.32"N/121°10'27.19"W Drop Inlet
DI-17 37°27'44.29"N/121°10'26.57"W Drop Inlet
DI-18 37°27'39.18"N/121°10'22.59"W Drop Inlet
TD-1 37°27'49.24"N/121°10'32.16"W Trench Drain
TD-2 37°27'46.97"N/121°10'29.20"W Trench Drain
TD-3 37°27'43.73"N/121°10'25.11"W Trench Drain
OWC-1 37°27'43.93"N/121°10'26.73"W Oil/Water Clarifier
OWC-2 37°27'42.62"N/121°10'25.01"W Oil/Water Clarifier
* World Geodetic System 1984 (WGS84)
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Packet Pg. 620 Attachment: Loves 807 Patterson CA - SW OM Manual - 10.11.2022 Exhibit D (Resolution No. 2022-83 Landscape & SCMs Access and Operation and Maintenance Plan for Stormwater Control Measures, October 2022 Loves Travel Centers, 55 South Rogers Road Patterson, CA Page 4 FIGURE 2-1
FACILITY MAP SHOWING EACH SCM LOCATION
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Packet Pg. 621 Attachment: Loves 807 Patterson CA - SW OM Manual - 10.11.2022 Exhibit D (Resolution No. 2022-83 Landscape & SCMs Access and Operation and Maintenance Plan for Stormwater Control Measures, October 2022 Loves Travel Centers, 55 South Rogers Road Patterson, CA Page 5
2.2 SCM Description
2.2.1 Bioretention Areas and Concrete Planter Strips
As noted in Section 2.1, there are 5 bioretention planters and 8 concrete planter strips at the facility. Bioretention areas and concrete planter strips are spaces into which stormwater runoff is directed towards vegetated areas. The vegetation is used to filter and promote infiltration of stormwater. A schematic of a bioretention area is shown in Figure 2-2.
The bioretention areas are located along the
eastern side of the facility and come in a
variety of configurations. All include a few
inches of ponding depth.
An inlet riser (overflow drain inlet) is present
at Bioretention Areas 1, 2, and 5 (BIO-1,
BIO-2, and BIO-5). The inlets risers allow a
means for stormwater to bypass the BMP
and prevent flooding during heavy rain
events. In this event the stormwater will
daisy-chain downstream to the remaining
bioretention areas until it collects in
Bioretention Area 5 (BIO-5) and eventually
discharges into the municipal storm system.
Outfalls and bubble-up drains are also
present in the bioretention areas and carry
stormwater from the other SCMs (upstream
bioretention areas, drop inlets, curb inlets
and trench drains) into the structure for treatment. Under the ponding zone is the planting zone.
The planting zone is constructed using various media blends that support growth and filter and retain pollutants. The ponding zone temporarily stores runoff and promotes percolation into the bioretention mix. In addition to storing the runoff in its pore structure, the bioretention mix filters and biotreats the runoff. The concrete planter strips are landscaped areas located around the parking lot on the north side of the facility. These planters offer a simple and aesthetic area for stormwater to discharge to and no other infrastructure is found within these systems.
FIGURE 2-2
BIORETENTION AREA PROFILE
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Packet Pg. 622 Attachment: Loves 807 Patterson CA - SW OM Manual - 10.11.2022 Exhibit D (Resolution No. 2022-83 Landscape & SCMs Access and Operation and Maintenance Plan for Stormwater Control Measures, October 2022 Loves Travel Centers, 55 South Rogers Road Patterson, CA Page 6
2.2.2 Drop Inlets/Curb Inlets/Trench Drains
As noted in Section 2.1, there are 18 drop inlets, 5 curb inlets, and 3 trench drains at this facility.
These SCMs are part of the stormwater conveyance system that collects and transports urban runoff and stormwater to stormwater treatment systems and underground storm drain systems. A schematic of a basic drop inlet fitted with a drain inlet insert is shown in Figure 2-3.
Although each of these SCMs collects and transports stormwater, their configurations and locations slightly differ. The drop inlets are primarily located in parking and roadway areas throughout the facility and stormwater enters
these structures through slotted grates sitting at
ground level. Curb inlets are similar to drop inlets
but are built into the curb and gutter system.
Stormwater flows down the gutters and enters
these structures though openings in the curb.
Curb inlets are also fitted with manholes that
allow for inspection and maintenance activities.
The trench drains are located at each entrance
to the facility. They run across the roadway and
are thin trough-shaped structures with ground
level slotted grates along the entire length of the
system.
The inlets or drains with drain inlet inserts
provide sediment and debris removal. The
inserts are easily removed, depending on
sediment accumulation.
Stormwater from 4 of the drop inlets (DI-1, DI-2,
DI-3 and DI-18), all 5 curb inlets (CI-1 through CI-5), and all 3 trench drains (TD-1 through TD-3) discharges into the bioretention areas located at the facility (BIO-1 through BIO-5). The remaining drop inlets (DI-4 through DI-17) discharge into the oil water clarifiers (OWC-1 and OWC-2).
FIGURE 2-1
DROP INLET FITTED WITH DRAIN INLET
INSERT PROFILE
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Packet Pg. 623 Attachment: Loves 807 Patterson CA - SW OM Manual - 10.11.2022 Exhibit D (Resolution No. 2022-83 Landscape & SCMs Access and Operation and Maintenance Plan for Stormwater Control Measures, October 2022 Loves Travel Centers, 55 South Rogers Road Patterson, CA Page 7
2.2.3 Oil-Water Clarifiers
As noted in Section 2.1, there are 2 oil-water clarifiers present at the facility, one located southwest of Bioretention Area 3 (OWC-1) and the other located west of Bioretention Area 4 (OWC-2).
These systems are suitable for industrial areas and/or areas where spills may occur. The oil-water clarifiers are made up of multiple chambers. Sediment settles out in the first chamber while the rest of the influent flows through an outlet toward the middle or top of the separating wall. The second chamber allows the free oils (oils that are not emulsified or dissolved) to separate to the top of the water and a pipe at the bottom of the chamber conveys the now-separated water out.
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Packet Pg. 624 Attachment: Loves 807 Patterson CA - SW OM Manual - 10.11.2022 Exhibit D (Resolution No. 2022-83 Landscape & SCMs Access and Operation and Maintenance Plan for Stormwater Control Measures, October 2022 Loves Travel Centers, 55 South Rogers Road Patterson, CA Page 8
3.0 INSPECTION & MAINTENANCE ACTIVITIES
All SCMs were designed to capture and treat or retain stormwater and will have maintenance requirements to preserve their intended hydraulic and contaminant removal efficiency, and in some cases, aesthetic appeal. Maintenance activities include inspections, preventive maintenance, corrective maintenance, and replacement of infrastructure elements. Examples of maintenance include vegetation management, debris removal, erosion inspections and corrective maintenance, mitigation of conveyance blockage, and addressing excessive ponding.
Section 3.1 presents the list and frequency of routine SCM inspection maintenance tasks for each of the three types of SCMs present at the facility. SCM Inspection and Maintenance log forms are provided in Attachment B.
3.1 SCM Inspection and Maintenance Activities and Frequency
3.1.1 Inspection and Maintenance Activities for Bioretention Areas and Concrete Planter Strips
As presented in Section 2.1, Table 2-1, there are 5 bioretention area SCMs, identified as BIO-1 through BIO-5 and 8 concrete planter strips, identified as PS-1 through PS-8 present at the facility.
The frequency of routine inspection and maintenance activities for these SCMs is presented in Table 3-1.
TABLE 3-1
INSPECTION AND MAINTENANCE FREQUENCY FOR VEGETATED SCMS Frequency Activity
Monthly
Inspect Inlet & Outlet Conveyance Infrastructure (Outfalls and Bubble Up Drains)1 Inspect Overflow System (Inlet Risers)1
Inspect Soil and Repair Eroded Areas
Remove Accumulated Debris and Litter
Quarterly
Inspect Adjacent Landscaping and Pavement
Inspect Irrigation System
Inspect for Ponding or Other Signs Indicating Issues with Draw Down Inspect Vegetative Health
Remove or Replace Dead or Diseased Vegetation
Remove Invasive Vegetation
Annually Inspect for Erosion
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Packet Pg. 625 Attachment: Loves 807 Patterson CA - SW OM Manual - 10.11.2022 Exhibit D (Resolution No. 2022-83 Landscape & SCMs Access and Operation and Maintenance Plan for Stormwater Control Measures, October 2022 Loves Travel Centers, 55 South Rogers Road Patterson, CA Page 9 TABLE 3-1
INSPECTION AND MAINTENANCE FREQUENCY FOR VEGETATED SCMS Frequency Activity
Prune Vegetation
Replace Mulch
As Needed Perform Integrated Pest Management2
Replace Fill Material
1 Inspect monthly during the rainy season and once outside of the rainy season 2 Natural Enemies of Potential Pests is included as Attachment C
3.1.2 Inspection and Maintenance Activities for Drop Inlets, Curb Inlets and Trench Drains
As presented in Section 2.1, Table 2-1, there are, 18 drop inlets, 5 curb inlets and 3 trench drain SCMs present at the facility. The frequency of routine inspection and maintenance activities for these SCMs is presented in Table 3-2.
TABLE 3-2
INSPECTION AND MAINTENANCE FREQUENCY FOR DROP INLETS, CURB INLETS, AND
TRENCH DRAINS
Frequency Activity
Monthly Inspect Inlet Conveyance Infrastructure Monthly during the Rainy Season and once during the Dry Season1
Quarterly
Inspect Adjacent Landscaping and Pavement
Inspect Outlet Conveyance Infrastructure
Inspect SCM for Structural Damages or Issues
Inspect for Ponding
Remove Accumulated Debris
Post Storm Event Inspect for Stormwater Backup or Overflow following Storm Events 1 The rainy season in California is October 1 through March 31
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Packet Pg. 626 Attachment: Loves 807 Patterson CA - SW OM Manual - 10.11.2022 Exhibit D (Resolution No. 2022-83 Landscape & SCMs Access and Operation and Maintenance Plan for Stormwater Control Measures, October 2022 Loves Travel Centers, 55 South Rogers Road Patterson, CA Page 10
3.1.3 Inspection and Maintenance Activities for Oil-Water Clarifiers As presented in Section 2.1, Table 2-1, there are two oil-water clarifiers present at the facility; one is located at the Southwest side of Bioretention Area 3 (OWC-1) and the other is located west of Bioretention Area 4 (OWC-2). The frequency of routine inspection and maintenance activities for the oil-water clarifiers is presented in Table 3-3.
TABLE 3-3
INSPECTION AND MAINTENANCE FREQUENCY FOR OIL-WATER CLARIFIERS Frequency Activity
Monthly Inspect Inlet Monthly during the Rainy Season and once during the Dry Season1 Quarterly
Inspect Adjacent Landscaping and Pavement
Inspect Outlet Conveyance Infrastructure
Remove Accumulated Debris
Annually Clean/Vactor out and dispose of accumulated oil and sediment. 1 The rainy season in California is October 1 through March 31
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Packet Pg. 627 Attachment: Loves 807 Patterson CA - SW OM Manual - 10.11.2022 Exhibit D (Resolution No. 2022-83 Landscape & SCMs Access and Operation and Maintenance Plan for Stormwater Control Measures, October 2022 Loves Travel Centers, 55 South Rogers Road Patterson, CA Page 11
4.0 INSPECTION & MAINTENANCE TRAINING
Maintenance crews will receive annual training. It is recommended that training occur in summer to prepare them for rainy season maintenance activities, including leaf removal. All new maintenance personnel will receive training prior to conducting activities. Training will include the following:
• Knowledge of the location, components, and intended operation of each SCM. • Understanding of the methods, including frequency, and required equipment, for each SCM’s required maintenance activities.
• Understanding of specifications for materials used during SCM installation. • Record keeping procedures (see Section 5.0).
• Reporting of damage, deferred maintenance, indication of contamination, and other nonroutine observations.
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Packet Pg. 628 Attachment: Loves 807 Patterson CA - SW OM Manual - 10.11.2022 Exhibit D (Resolution No. 2022-83 Landscape & SCMs Access and Operation and Maintenance Plan for Stormwater Control Measures, October 2022 Loves Travel Centers, 55 South Rogers Road Patterson, CA Page 12
5.0 REPORTING & RECORD KEEPING
Inspection and maintenance forms for each SCM are provided in Attachment B of this O&M Plan.
Forms will be completed during each inspection and maintenance activity for each SCM.
Completed forms will be filed on-site, either electronic copies or hard copies, along with a copy of this O&M Plan. The City of Patterson does not require annual reporting but reserves the right to inspect the records upon request. Purchase orders as well as descriptions and specifications for any repaired or replaced materials will also be kept in the maintenance file.
During the inspection events, if any hazardous conditions are observed (including but not limited to, gasoline in the stormwater system) the person conducting the inspection should notify Mr.
Jesse Diaz, Environmental Manager for Love’s Travel Stops & Country Stores at [email protected] and by phone at (405) 687-1060 immediately.
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Packet Pg. 629 Attachment: Loves 807 Patterson CA - SW OM Manual - 10.11.2022 Exhibit D (Resolution No. 2022-83 Landscape & SCMs Access and Operation and Maintenance Plan for Stormwater Control Measures, October 2022 Loves Travel Centers, 55 South Rogers Road Patterson, CA Attachments
ATTACHMENT A
FACILITY SCM MAP
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Packet Pg. 630 Attachment: Loves 807 Patterson CA - SW OM Manual - 10.11.2022 Exhibit D (Resolution No. 2022-83 Landscape & SCMs Access and Operation and Maintenance Plan for Stormwater Control Measures, October 2022 Loves Travel Centers, 55 South Rogers Road Patterson, CA Attachments
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Packet Pg. 631 Attachment: Loves 807 Patterson CA - SW OM Manual - 10.11.2022 Exhibit D (Resolution No. 2022-83 Landscape & SCMs Access and Operation and Maintenance Plan for Stormwater Control Measures, October 2022 Loves Travel Centers, 55 South Rogers Road Patterson, CA Attachments
ATTACHMENT B
INSPECTION AND MAINTENANCE LOGS
• Bioretention Areas and Concrete Planters
• Curb and Drop Inlet and Trench Drains
• Oil-Water Clarifiers
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Packet Pg. 632 Attachment: Loves 807 Patterson CA - SW OM Manual - 10.11.2022 Exhibit D (Resolution No. 2022-83 Landscape & SCMs Access and Operation and Maintenance Plan for Stormwater Control Measures, October 2022 Loves Travel Centers, 55 South Rogers Road Patterson, CA Attachments Bioretention Areas and Concrete Planter SCM
Inspection & Maintenance Log
Site location
SCM ID
Inspection date
Monthly during the rainy season (October 1 – March 31), Quarterly otherwise Inspect Inlet & Outlet Conveyance Infrastructure
Inspection Completed? Y / N
Corrective measures
needed?
Y / N
Comments/Corrective measures taken:
Additional corrective measures needed: Date
Completed
/ /
Initials
Inspect Overflow System
Inspection Completed? Y / N
Corrective measures
needed?
Y / N
Comments/Corrective measures taken:
Additional corrective measures needed: Date
Completed
/ /
Initials
Inspect Soil and Repair Eroded Areas
Inspection Completed? Y / N
Corrective measures
needed?
Y / N
Comments/Corrective measures taken:
Additional corrective measures needed: Date
Completed
/ /
Initials
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Packet Pg. 633 Attachment: Loves 807 Patterson CA - SW OM Manual - 10.11.2022 Exhibit D (Resolution No. 2022-83 Landscape & SCMs Access and Operation and Maintenance Plan for Stormwater Control Measures, October 2022 Loves Travel Centers, 55 South Rogers Road Patterson, CA Attachments Bioretention Areas and Concrete Planter SCM
Inspection & Maintenance Log
Remove Accumulated Debris and Litter
Inspection Completed? Y / N
Corrective measures
needed?
Y / N
Comments/Corrective measures taken:
Additional corrective measures needed: Date
Completed
/ /
Initials
Quarterly
Inspect Adjacent Landscaping and Pavement
Inspection Completed? Y / N
Corrective measures
needed?
Y / N
Comments/Corrective measures taken:
Additional corrective measures needed: Date
Completed
/ /
Initials
Inspect Irrigation System
Inspection Completed? Y / N
Corrective measures
needed?
Y / N
Comments/Corrective measures taken:
Additional corrective measures needed: Date
Completed
/ /
Initials
Inspect for Ponding (Conduct after designed drawdown time after storms, typically 72 hrs.) Inspection Completed? Y / N Corrective measures needed? Y / N Comments/Corrective measures taken:
Additional corrective measures needed: Date
Completed
/ /
Initials
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Packet Pg. 634 Attachment: Loves 807 Patterson CA - SW OM Manual - 10.11.2022 Exhibit D (Resolution No. 2022-83 Landscape & SCMs Access and Operation and Maintenance Plan for Stormwater Control Measures, October 2022 Loves Travel Centers, 55 South Rogers Road Patterson, CA Attachments Bioretention Areas and Concrete Planter SCM
Inspection & Maintenance Log
Inspect Vegetative health
Maintenance Completed? Y / N
Date Completed
/ /
Comments/Additional corrective measures taken:
Additional corrective measures still needed: Date
Completed
/ /
Initials
Remove or Replace Dead or Diseased Vegetation
Maintenance Completed? Y / N
Date Completed
/ /
Comments/Additional corrective measures taken:
Additional corrective measures still needed: Date
Completed
/ /
Initials
Remove Invasive Vegetation
Maintenance Completed? Y / N
Date Completed
/ /
Comments/Additional corrective measures taken:
Additional corrective measures still needed: Date
Completed
/ /
Initials
Annually
Inspect for Erosion
Inspection Completed? Y / N
Corrective measures
needed?
Y / N
Comments/Corrective measures taken:
Additional corrective measures needed: Date
Completed
/ /
Initials
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Packet Pg. 635 Attachment: Loves 807 Patterson CA - SW OM Manual - 10.11.2022 Exhibit D (Resolution No. 2022-83 Landscape & SCMs Access and Operation and Maintenance Plan for Stormwater Control Measures, October 2022 Loves Travel Centers, 55 South Rogers Road Patterson, CA Attachments Bioretention Areas and Concrete Planter SCM
Inspection & Maintenance Log
Prune Vegetation
Maintenance Completed? Y / N
Date Completed
/ /
Comments/Additional corrective measures taken:
Additional corrective measures still needed: Date
Completed
/ /
Initials
Replace Mulch
Maintenance Completed? Y / N
Date Completed:
/ /
Comments/Additional corrective measures taken:
Additional corrective measures still needed: Date
Completed
/ /
Initials
Attach any site photos, if taken
Additional comments/observations
Inspector name Title
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Packet Pg. 636 Attachment: Loves 807 Patterson CA - SW OM Manual - 10.11.2022 Exhibit D (Resolution No. 2022-83 Landscape & SCMs Access and Operation and Maintenance Plan for Stormwater Control Measures, October 2022 Loves Travel Centers, 55 South Rogers Road Patterson, CA Attachments Drop Inlet, Curb Inlet, and Trench Drain SCM Inspection & Maintenance Log Site location
SCM ID
Inspection date
Monthly only during leaf fall season, Quarterly otherwise Inspect Inlet Conveyance Infrastructure
Inspection Completed? Y / N Corrective measures
needed? Y / N
Comments/Corrective measures taken:
Additional corrective measures needed: Date
Completed
/ /
Initials
Quarterly
Inspect Adjacent Landscaping and Pavement
Inspection Completed? Y / N Corrective measures
needed? Y / N
Comments/Corrective measures taken:
Additional corrective measures needed: Date
Completed
/ /
Initials
Inspect Outlet Conveyance Infrastructure
Inspection Completed? Y / N Corrective measures
needed? Y / N
Comments/Corrective measures taken:
Additional corrective measures needed: Date
Completed
/ /
Initials
Inspect for Ponding (Conduct after designed drawdown time after storms, typically 72 hrs.) Inspection Completed? Y / N Corrective measures
needed? Y / N
Comments/Corrective measures taken:
Additional corrective measures needed: Date
Completed
/ /
Initials
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Packet Pg. 637 Attachment: Loves 807 Patterson CA - SW OM Manual - 10.11.2022 Exhibit D (Resolution No. 2022-83 Landscape & SCMs Access and Operation and Maintenance Plan for Stormwater Control Measures, October 2022 Loves Travel Centers, 55 South Rogers Road Patterson, CA Attachments Drop Inlet, Curb Inlet, and Trench Drain SCM Inspection & Maintenance Log Remove Accumulated Debris
Maintenance Completed? Y / N
Date Completed
/ /
Comments/Additional corrective measures taken:
Additional corrective measures still needed: Date
Completed
/ /
Initials
Inspect SCM for Structural Damages or Issues
Inspection Completed? Y / N Corrective measures
needed? Y / N
Comments/Corrective measures taken:
Additional corrective measures needed: Date
Completed
/ /
Initials
Attach any site photos, if taken
Additional comments/observations
Inspector name Title
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Packet Pg. 638 Attachment: Loves 807 Patterson CA - SW OM Manual - 10.11.2022 Exhibit D (Resolution No. 2022-83 Landscape & SCMs Access and Operation and Maintenance Plan for Stormwater Control Measures, October 2022 Loves Travel Centers, 55 South Rogers Road Patterson, CA Attachments
ATTACHMENT C
NATURAL ENEMIES OF POTENTIAL PESTS
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Packet Pg. 639 Attachment: Loves 807 Patterson CA - SW OM Manual - 10.11.2022 Exhibit D (Resolution No. 2022-83 Landscape & SCMs Access and Operation and Maintenance Plan for Stormwater Control Measures, October 2022 Loves Travel Centers, 55 South Rogers Road Patterson, CA Attachments Natural Enemies of Potential Pests (UCANR, 2014)
Pest
Natural Enemies
Lacewings Lady
Beetles
Parasitic
Flies
Parasitic
Wasps
Predatory
Mites Other Groups and Examples
Aphids X X X Entomopathogenic fungi, soldier beetles, syrphid fly larvae
Carpenter worms,
clearwing-moth
larvae
X Entomopathogenic nematodes
Caterpillars (e.g.,
California oak
worms)
X X X
Bacillus-Thuringiensis, birds, entomopathogenic
fungi and viruses, predaceous bugs, and wasps,
Trichogramma spp. (egg parasitic wasps), spiders
Cottony cushion
scales
X X Cryptochaetum iceryae (parasitic flies), vedalia
beetles
Elm leaf beetles X X Erynniopsis-antennata (parasitic flies), Oomyzus (Tetrastichus) spp. (parasitic wasps)
Eucalyptus
longhorned borers
X Avetianella longoi (egg parasitic wasps)
Eucalyptus redgum
lerp psyllids
X Psyllaephagus bliteus (parasitic wasps)
Giant whiteflies X X X
Encarsia hispida, Encarsia noyesi,
Entedononecremnus krauteri, Idioporus affinis
(parasitic wasps)
Glassy-winged
sharpshooters
X X Assassin bugs, Gonatocerus spp. (egg parasitic
wasps)
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Packet Pg. 640 Attachment: Loves 807 Patterson CA - SW OM Manual - 10.11.2022 Exhibit D (Resolution No. 2022-83 Operation and Maintenance Plan for Stormwater Control Measures, October 2022 Loves Travel Centers, 55 South Rogers Road Patterson, CA Attachments Natural Enemies of Potential Pests (UCANR, 2014)
Pest
Natural Enemies
Lacewings Lady
Beetles
Parasitic
Flies
Parasitic
Wasps
Predatory
Mites Other Groups and Examples
Lace bugs X X X Assassin bugs, pirate bugs, spiders
Mealybugs X X X Mealybug destroyer lady beetles
Mosquitos Bacillus thuringiensis spp. Israelensis, mosquitoeating fish Psyllids X X X Pirate bugs
Scales X X X X Aphytis, Coccophagus, Encarsia, and Metaphycus spp.
Slugs, snails X
Rumina decollate (predatory snails), predaceous
ground beetles, birds, snakes, toads
Spider mites X X X Bigeyed bugs, minute pirate bugs, Feltiella spp. (predatory flies), six-spotted thrips, Stethorus picipes Thrips X X X Minute pirate bugs, predatory thrips
Weevils, root, or
soil-dwelling
X Steinernema carpocapsae, Heterorhabditis
bacteriophora (entomopathogenic nematodes)
Whiteflies X X X Bigeyed bugs, minute pirate bugs, Cales, Encarsia, Eretmocerus spp., parasitic wasps, spiders
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Packet Pg. 641 Attachment: Loves 807 Patterson CA - SW OM Manual - 10.11.2022 Exhibit D (Resolution No. 2022-83 City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Jeff Gregory, Fire Chief
MEETING DATE: December 6, 2022
ITEM NO: 6.1
SUBJECT: Approve Second Reading and Adoption of Ordinance No. 863 Reading by Title Only, Waiving Further Readings, an Ordinance of the City Council of the City of Patterson, adopting the 2022 edition of the California fire code, providing for the modifications thereof, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the city of Patterson; providing for the issuance of permits and collection of fees therefore; repealing Ordinance No. 804 of the City of Patterson Municipal Code and all other Ordinances and parts of the Ordinances in conflict therewith.
RECOMMENDATION
Motion to Approve Second Reading and Adoption of Ordinance No. 863 Reading by Title Only, Waiving Further Readings, an Ordinance of the City Council of the City of Patterson, adopting the 2022 edition of the California fire code, providing for the modifications thereof, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the city of Patterson; providing for the issuance of permits and collection of fees therefore; repealing Ordinance No. 804 of the City of Patterson Municipal Code and all other Ordinances and parts of the Ordinances in conflict therewith.
BACKGROUND
Motion to approve Second Reading of Ordinance No. 863, Reading by title only, waiving further
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reading.
Motion to Adopt Ordinance No. 863, Reading by title only, waiving further reading.
ANALYSIS
On November 15, 2022 the City Council approved the first reading and Introduction of Ordinance No. 863 in regards to, adopting the 2022 edition of the California fire code, providing for the modifications thereof, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the city of Patterson; providing for the issuance of permits and collection of fees therefore; repealing Ordinance No. 804 of the city of Patterson municipal code and all other ordinances and parts of the ordinances in conflict therewith.
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1 ORDINANCE NO. 863
AN ORDINANCE OF THE CITY OF PATTERSON ADOPTING THE 2022 EDITION
OF THE CALIFORNIA FIRE CODE, PROVIDING FOR THE MODIFICATIONS
THEROF, REGULATING AND GOVERNING THE SAFEGUARDING OF LIFE AND
PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE
STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS
AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY
IN THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF PATTERSON; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; REPEALING ORDINANCE NO. 804 OF THE CITY OF
PATTERSON MUNICIPAL CODE AND ALL OTHER ORDINANCES AND PARTS OF THE ORDINANCES IN CONFLICT THEREWITH.
FINDINGS AND ADOPTION OF THE 2022 CALIFORNIA FIRE CODE
Findings and Adoption of the 2022 California Fire Code
The City of Patterson does ordain as follows:
1. The City Council of the City of Patterson hereby finds and determines: That the International Code Council is a private organization, which has been in existence for at least three (3) years. That the California Fire Code, 2022 Edition, and the California Fire Code Standards, published by said organization, are nationally recognized compilation of proposed rules, regulations, and standards of said organization.
2. That said 2022 California Fire Code and Fire Code Standards have been printed and published as a code in book form within the meaning of Section 50022.2 et seq., of the Government Code.
3. That one (1) copy of the 2022 California Fire Code and, certified by the Clerk to be true copies, have been filed for use and examination by the public in the office of the Fire Code Official.
4. That the sections of said 2022 California Fire Code and California Fire Code Standards may be referred to by the number used in said published compilation, preceded by the words “California Fire Code Section,” or “Fire Code Section,” and may also be referred to by additional reference to Municipal Code and sections therein pertaining to said 2022 California Fire Code and Fire Code Standards.
5. That the additional requirements and standards established herein are needed to properly protect the health, safety, and welfare of the existing and future residents and workers of the City of Patterson.
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Packet Pg. 644 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 2 6. Said requirements and standards are reasonably necessary because of local climatic, geological, and topographical conditions, and comply with existing state laws and regulations.
7. Amendment of the 2022 California Fire Code is necessary so as to provide more stringent standards for fire extinguishing systems, fire hazard and hazardous materials controls is necessary to serve the public interest by reducing the risk to life and property of the citizens of the City of Patterson because of the following local conditions:
a. Summer weather conditions are very dry, hot and windy causing ordinary combustibles to be easily ignited and fires to be fast spreading; b. Very dense fog conditions occur in winter. Reduced visibility causes delays in fire response.
c. Fire response is delayed by railroad crossings and or tracks. d. The Patterson Fire Department also relies on volunteer firefighters who must respond to the scene of emergencies.
THEREFORE, for the above reasons taken individually and cumulatively and in accordance with the authority granted in Sections 17958.5 and 17958.7 of the California Health and Safety Code, the City Council of the City of Patterson expressly finds there are local climatic and topographical conditions that make the increased fire protection requirements set forth in this article reasonably necessary.
The City Council of the City of Patterson does ordain as follows:
SECTION 1.
15.20.010 Adoption.
A certain document, one (1) copy of which is on file in the office of the City of Patterson Fire Department, being marked and designated as the California Fire Code, 2022 edition, including Appendix Chapter 4, Appendices B,BB,C,CC,D, E, F, G, I, K and Division II Administration as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Patterson, in the State of California regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the City of Patterson Fire Department are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertion, deletions and changes, if any, prescribed in Section 2 of this ordinance.
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Packet Pg. 645 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 3 SECTION 2.
15.20.020 Amendments.
That the following sections of the 2022 California Fire Code are hereby revised:
A. Title. Section 101.1 of the 2022 California Fire Code is hereby amended to read as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of Patterson, hereinafter referred to as “this code”.
B. Creation of agency. Section 103.1 of the 2022 California Fire Code is hereby amended to read as follows:
103.1 Creation of agency. The City of Patterson Fire Department is hereby created and the official in charge thereof shall be known as the Fire Code Official.
The function of agency shall be the implementation. Administration and enforcement of the provisions of this code.
C. Permit Required for Certain Operations. Section 105.5.17 of the 2022 California Fire Code is hereby deleted.
D. LP-gas. Section 105.5.29 of the 2022 California Fire Code is hereby amended to read as follows:
Exception:
1. Containers not exceeding five (5) gallon water capacity, used for “barbecue” cooking, when used and stored outside of buildings.
2. Approved containers not exceeding sixteen and four-tenths (16.4) ounces when displayed for sale in mercantile occupancies.
3. Factory installed containers for recreational vehicles not exceeding ten (10) gallon water capacity.
4. Factory installed tanks that are permanently attached to recreational vehicles.
Distributors shall not fill an LP-gas container for which a permit is required unless the Fire Code Official has issued a permit for installation for that location.
E. Emergency incident pre-plan. Section 106.5 of the 2022 California Fire Code is hereby added to read as follows:
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Packet Pg. 646 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 4 106.5 Emergency incident pre-plan. An 8 ½” x 11” document and an electronically submitted “detail” page for emergency responder data files shall be submitted to and approved by fire department before final inspection. Detail page shall include site plan showing:
a. Property, site layout
b. Roads, fire access lanes, and building access points including roof access c. Premises identification (address, building identification, suites, room numbers, etc.)
d. Hydrants and Fire Department Connections (FDC) locations e. Knox product locations
f. Fire Alarm Control Panel (FACP) locations
g. Fire riser locations
h. Hose valve locations
i. Main electrical and main gas disconnect locations
j. Hazardous materials storage
F. Fees. Section 107.7 of the 2022 California Fire Code is hereby added as follows:
107.7 Permit and Plan Check Fees
1. Permit Fee. The fee for any permit issued pursuant to the Fire Code will be that of which has been adopted from time to time by resolution by the City council of the City of Patterson.
2. Plan Check Fee. When a plan is required to be submitted the planchecking fee shall be paid at the time of submitting plans and specifications for checking. Where plans are incomplete or changed so as to require an additional plan check, an additional plan-check fee shall be charged at a rate which has been adopted from time to time by resolution by the City council of the City of Patterson.
G. Means of Appeals. Section 111.1 of the 2022 California Fire Code is hereby amended to read as follows:
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Packet Pg. 647 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 5 111.1 Appeals. Applicant may appeal the decision of the Fire Chief to the City Council within thirty (30) days from the date of the decision being appealed whenever the Fire Chief:
1. Disapproves an application for use of alternate materials, methods and/or types of construction,
2. Disapproves an application for permit or refuses to grant a permit applied for,
3. When it is claimed that the provisions of the code do not apply, or
4. That the true intent and meaning of the code have been misconstrued or wrongly interpreted.
H. Compliance with orders and notices. Section 112.3.2 of the 2022 California Fire Code is hereby amended to read as follows:
112.3.2 It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall constitute a misdemeanor; except that notwithstanding any other provision of this code, any such violation constituting a misdemeanor under this code may, in the discretion of the City Attorney of the City of Patterson, be charged and prosecuted as an infraction. Any person convicted of a misdemeanor under the provisions of this chapter, unless provision is otherwise herein made, shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more than 180 days or by both fine and imprisonment. Any person convicted of an infraction under the provisions of this code, unless provision is otherwise herein made, shall be punishable by a fine only as follows: Upon a first conviction, by a fine of not exceeding two hundred fifty dollars ($250.00) and for a second conviction or any subsequent conviction within a period of one year, by a fine of not exceeding five hundred dollars ($500.00). Each such person shall be charged with a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly.
I. Violation Penalties. Section 112.4 of the 2022 California Fire Code is hereby amended to read as follows:
112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Code Official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a
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Packet Pg. 648 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 6 fine of not more than $1,000 dollars or by imprisonment not exceeding 180 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
J. Administrative Penalties. Section 112.5 of the 2022 California Fire Code is hereby added as follows:
112.5 Administrative penalties. In addition to any other remedies set forth in this chapter, administrative penalties may be imposed against any person, as defined in Section 202 of this Code, for violating any of the requirements set forth in this code or who are in violation of section 12676 or 12677 of the California Health and Safety Code. Any administrative penalties assessed shall be as follows:
1. For violations of this Code or section 12676 or 12677 of the California Health and Safety Code, Possession, Sale, Use or Discharge of Dangerous Fireworks, the administrative penalty which has been adopted from time to time by resolution by the City council of the City of Patterson or as set by Patterson Municipal Code.
2. For all violations of this code, other than subsection (a) Possession, Sale, Use or Discharge of Dangerous Fireworks, the amount which has been adopted from time to time by resolution by the City council of the City of Patterson or as set by Patterson Municipal Code.
K. Vegetation. Section 304.1.2 of the 2022 California Fire Code is hereby amended by adding the following:
304.1.2 Vegetation. The Fire Department may recover, from a property owner, those costs associated with the suppression costs incurred in fighting a fire and for providing rescue or emergency medical services should a fire occur on said property after the owner has been notified to abate such combustible waste material and has failed to do so.
L. Open Burning, Recreational Fires and Portable Outdoor Fireplaces. Section 307.1 of the 2022 California Fire Code is hereby amended to read as follows:
307.1 Open burning. No person shall kindle, conduct, or maintain any burning of grass, weeds, agricultural trimmings, or other combustibles or authorize any such fire to be kindled, conducted, or maintained without a permit as required by the San Joaquin Valley Unified Air Pollution Control District and in compliance with all safeguards pursuant thereto including in accordance with Sections 307.1.1 through 307.5. Any such permitted burning shall be restricted to agricultural purposes and confined to areas of the City of Patterson in which agricultural uses are lawful.
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Packet Pg. 649 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 7 M. Posts. Section 312.2 of the 2022 California Fire Code is hereby amended to read as follows:
312.2 Posts. Guard posts, bollards or other approved means shall be provided to protect storage tanks and connected piping, valves and fittings; dispensing areas; and use areas subject to vehicular damage. When guard posts are installed, the posts shall be:
1. Constructed of steel not less than six (6) inches in diameter and concrete filled,
2. Spaced not more than thirty-six (36) inches between posts on center,
3. Set not less than thirty-six (36) inch deep in a concrete footing of not less than eighteen (18) inch diameter,
4. Set with the top of the posts not less than thirty-six (36) inches above ground, and
5. Located not less than five (5) feet from the protected object(s).
N. Emergency Preparedness Requirements. Section 403.10.7 of the 2022 California Fire Code is hereby added to read as follows:
403.10.7 Buildings over 100,000 square feet. An approved fire safety and evacuation plan in accordance with Section 404 and 406 shall be prepared and maintained for buildings over one hundred thousand (100,000) square feet in aggregate floor area.
O. Access to Building Openings and Roofs. Section 504.5 of the 2022 California Fire Code is hereby added to read as follows:
504.5 Labeling of building access openings. To facilitate emergency response and or as required by the Fire Code Official, exterior doors leading to fire service features or rooms shall be labeled as ‘ROOF ACCESS’, ‘ELECTRICAL ROOM’, FIRE PUMP ROOM’, ‘FIRE ALARM CONTROL PANEL’, ‘FACP’ ‘FIRE RISER’ or similar approved wording. Letters shall be a minimum of four (4) inch tall with a minimum stroke width of half (1/2) inch.
P. Premises Identification. Section 505.1 of the 2022 California Fire Code is hereby amended to read as follows:
505.1 Address identification. New and existing buildings shall have approved address numbers, building numbers or other approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with the background and be
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Packet Pg. 650 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 8 illuminated either internally or externally between dusk and dawn daily. Where required by the Fire Code Official, address numbers shall be provided in additional locations to facilitate emergency response. Commercial address numbers shall be a minimum of six (6) inch tall Arabic numerals with a minimum stroke width of three quarter (3/4) inch. Larger numbers, suite and rear door identification, etc. may be required by Fire Code Official to facilitate emergency response. Where access is by means of a private road or building cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to identify the structure. Residential address numbers shall be a minimum of four (4) inch tall with a minimum stroke width of half (1/2) inch. Address numbers shall be maintained.
Q. Key Boxes. Section 506.1 of the 2022 California Fire Code is hereby amended to read as follows:
506.1 Where required. All commercial projects (new, remodel, change of occupancy, addition or new business license inspection) shall install a Knox Key Box if one is not already installed. A Knox Key Box capable of containing Safety Data Sheets (SDS) and hazardous materials plans may be required for commercial sites with significant amounts of hazardous materials.
R. Key Box Installation. Section 506.1.3 of the 2022 California Fire Code is hereby added to read as follows:
506.1.3 Key box installation. Key boxes shall be installed and secured in accordance with manufactures specifications and mounted to the right of the main entrance door with the top of box no higher than six (6) feet above finished grade or in an approved location by the Fire Code Official. Additional key boxes may be required for large facilities.
S. Security Gates. Section 506.1.4 of the 2022 California Fire Code is hereby added to read as follows:
506.1.4 Security gates. When manually operated gates cross required fire access lanes, or prevent access to building premises, a Knox padlock or Knox Key Box shall be installed at access gates. Motorized operated gates shall be required to be equipped with a Knox Key Switch used by the Patterson Fire Department. A dual keyed switch to accommodate law enforcement may be required. An Opticom type strobe light detection system may also be used for such applications.
T. Fire Protection Water Supplies. Section 507.3.1 of the 2022 California Fire Code is hereby added to read as follows:
507.3.1 Water supply for pallet yards. Fire protection water supply for pallets shall be in accordance with Section 2809.5.
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Packet Pg. 651 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 9 U. Fire Protection Water Supplies. Section 507.5.1 of the 2022 California Fire Code is hereby amended to read as follows:
507.5.1 Where required. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. When any portion of the facility or building protected is in excess of one hundred fifty (150) feet from a water supply on a public street, as measured by an approved route around the exterior of the faculty or building, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the Fire Code Official. Fire hydrants shall be located on the supply side of the fire suppression system check valve.
Fire hydrants shall be accessible to the Fire Department apparatus by roads meeting the requirements of Section 503 and Appendix D
Exception: For Group R-3 and Group U occupancies equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the distance requirement shall be not more than 500 feet.
V. Private Fire Service Mains and Water Tanks. Section 507.5.3 of the 2022 California Fire Code is hereby amended by adding:
Private fire service mains and water tanks shall also comply with the current edition of National Fire Protection Association Standard 25, California Edition.
W. Private hydrants supported by fire pumps. Section 507.5.7 of the 2022 California Fire Code is hereby added to read as follows:
507.5.7 Private fire hydrants supported by fire pumps. Fire hydrants installed on a private fire main supported by a fire pump shall have signage or stenciling stating ‘CONNECTED TO FIRE PUMP’ or similar approved wording. Letters shall be a minimum of four (4) inch tall with a minimum stroke width of half (1/2) inch.
X. Private water agreements. Section 507.5.8 of the 2022 California Fire Code is hereby added to read as follows:
507.5.8 Private water agreements. Private water agreements shall be required when a private fire protection water supply is required by this code. The agreement shall be entered into by the property owner and the City of Patterson.
Y. Main Disconnects. Section 603.4.2 of the 2022 California Fire Code is hereby added to read as follows:
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Packet Pg. 652 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 10 603.4.2 Main disconnects. The main electrical service to any commercial building shall be accessible for emergency shut off from the outside of the building. This may be accomplished by providing one (1) main disconnect, a Knox disconnect or shunt trip device. If, out of necessity, there is more than one main service disconnect, these disconnects shall be located in close proximity to each other as approved by the Fire Code Official.
If a generator system activates automatically when a shunt trip or main disconnect shuts down, a control to stop the generator must be located with the main disconnect or shunt trip. Shunt trips, main disconnects and generator controls shall be identified by signs approved by the Fire Code Official.
Exception:
1. Electrical control room with a marked door that is directly accessible from the outside of the building.
Z. Portable unvented heaters. Section 605.5 of the 2022 California Fire Code is hereby amended to read:
605.5 Portable unvented heaters. Portable listed unvented fuel-fired heating equipment shall be prohibited in all occupancies except S-2 and U occupancies.
AA. Automatic Sprinkler Systems in New Construction. Section 903.2 of the 2022 California Fire Code is hereby amended to read as follows:
903.2 New construction. An approved automatic fire sprinkler system is required in all new buildings and structures, notwithstanding the use and occupancy thereof, when the total aggregate floor area exceeds five thousand (5,000) square feet.
The means of measuring square footage used to determine if automatic fire sprinklers are required shall be as follows: The total aggregate floor area shall be determined by measuring and totaling the area within the outside walls of the structure for each floor, or mezzanine and basement; the area beneath all attached projections from the outside walls that are four (4) feet or larger. If the structure has no outside walls, the area shall be measured from the edge of the eaves projection. If structures are within six (6) feet of each other as measured from the outside walls, or any projection therefrom, or are attached by a breezeway or covered walkway, the measured floor area of each shall be aggregated. Area separation walls shall not be used for the purpose of eliminating automatic fire sprinkler systems.
Exception:
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Packet Pg. 653 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 11 1. If the provisions of the 2022 California Fire Code sections 903.2.1 through 903.2.18 are more restrictive, then the more restrictive requirement shall apply.
BB. Automatic Sprinkler Systems in Existing Buildings. Section 903.2.22 of the 2022 California Fire Code is hereby added to read as follows:
903.2.22 Existing buildings. An approved automatic fire sprinkler system shall be installed in all existing buildings and structures when additions or alterations are made that cause said building or structure to exceed five thousand (5,000) square feet.
Exception:
1. Each portion of an existing building or structures is separated by one or more fire walls that limit each fire area to a maximum of five thousand (5,000) square feet.
CC. Automatic Sprinkler Systems in Isolated Buildings. Section 903.2.23 of the 2022 California Fire Code is hereby added to read as follows:
903.2.22 Isolated buildings. For isolated buildings or groups of buildings in rural areas where no water is available from a municipal water system, a fire sprinkler system meeting all of the following criteria shall be considered as an alternative to systems that are in full compliance with the applicable National Fire Protection Association (NFPA) Standard.
1. Sprinklers will be designed and installed per the applicable NFPA Standards.
2. The required sprinkler demand (not including hose stream allowance) shall be provided by a hydro pneumatic tank for a minimum duration of fifteen (15) minutes. The tank may be pressurized by the domestic well pump and may serve both the fire supply and domestic supply for the building. The tank must have a capacity equal to or greater than the calculated sprinkler demand. Calculations shall be provided to determine the actual size of tank required for each project.
3. A separate storage tank or other water source acceptable to the Fire Code Official shall be provided to accommodate sprinkler and hose demand for an additional thirty (30) minutes beyond the storage required in 2 above.
DD. Hose Threads. Section 903.3.6 of the 2022 California Fire Code shall be amended to read as follows:
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Packet Pg. 654 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 12 903.3.6 Hose threads. Fire hose threads and fittings used in connection with automatic sprinkler systems shall be “National Hose” (NH).
EE. Standpipe Systems. Section 905.3.1 of the 2022 California Fire Code is hereby amended to read as follows:
905.3.1 Height. Occupancies three (3) or more stories in height shall be provided with a class one standpipe system approved by the Fire Code Official (Except R Division 3).
Occupancies less than three (3) stories in height but greater than twenty thousand (20,000) square feet per floor shall be required to install a class one standpipe system approved by the Fire Code Official.
Garden type apartment complexes may be required to install type one standpipe systems approved by the Fire Code Official.
FF. Fire Alarm System Certification. Section 907.1.6 of the 2022 California Fire Code is hereby added to read as follows:
907.1.6 Certification. A certificate from Underwriters Laboratories (UL) shall be required on all commercial fire alarm systems installed after the effective date of this ordinance. UL certification is required to be maintained for commercial fire alarm systems throughout the life of the alarmed building.
GG. False Alarms Section 907.1.7 of the 2022 California Fire Code is hereby added to read as follows:
907.1.7 False alarms. False alarms shall not be given, signaled or transmitted or caused or permitted to be given, signaled or transmitted. Reasonable fees to recover the costs associated with responses to building or structures that have excessive false alarms may collected in the amount as set by resolution from time to time by the City council of the City of Patterson or as set by Patterson Municipal Code.
HH. Fire Alarm Systems in Group S Occupancies. Section 907.2.30 of the 2022 California Fire Code is hereby added to read as follows:
907.2.30 Group S Occupancies. In group S occupancies larger than one hundred twenty-five thousand (125,000) square feet, an automatic and manual fire alarm system shall be installed.
II. Fire Department Connections. Section 912.2.1 of the 2022 California Fire Code shall be amended to add:
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Packet Pg. 655 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 13 Fire department connections (FDC’s) shall be within seventy-five (75) feet of a fire hydrant.
JJ. Locking Fire Department Connection Caps. Section 912.4.1 of the 2022 California Fire Code shall be amended to read as follows:
912.4.1 Locking fire department connection caps. Knox locking caps for fire department connections (FDC’s) shall be required on all new construction. The Fire Code Official is authorized to require Knox locking caps on existing fire department connections for water-based systems as deemed necessary.
KK. Clearance to Property Line. Section 2810.6 of the 2022 California Fire Code is hereby amended to read as follows:
2810.6 Clearances.
1. Open yards required by the California Building Code shall be maintained around structures.
2. Stacks of pallets shall not be located within ten (10) feet of a property line and be surrounded with an approved fence.
3. Stacks of pallets shall be a minimum of twenty-five (25) feet from a structure.
4. Pallets shall not obstruct fire apparatus access roads or access to water supplies including but not limited to fire hydrants.
LL. Clearance to Important Buildings. Section 2810.7 of the 2022 California Fire Code is hereby amended to read as follows:
2810.7 Footprint of Pallet Stacks.
1. The maximum dimensions of a pile shall not exceed twenty (20) feet by seventy (70) feet.
2. There shall be ten (10) feet of aisle ways between piles.
3. Piles shall be placed in grids not to exceed one hundred forty (140) feet by one hundred fifty (150) feet.
4. Each grid shall be separated by an approved fire apparatus access road.
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Packet Pg. 656 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 14 MM. Alternative Approach. Section 2810.12 of the 2022 California Fire Code is hereby added to read as follows:
2810.12 Additional Requirements.
1. Permanent pallet storage areas shall be surrounded with an approved fence. Fences shall be a minimum of six (6) feet in height.
2. Adequate water supply as required by the Fire Department shall be provided for fire suppression needs.
NN. Responsibility for Cleanup. Section 5003.3.1.4 of the 2022 California Fire Code is hereby amended to read as follows:
5003.3.1.4 Responsibility for cleanup. The person, firm or corporation responsible for an unauthorized discharge shall institute and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, at no cost to the jurisdiction. When deemed necessary by the Fire Code Official, cleanup may be initiated by the Fire Department or by an authorized individual or firm. Costs associated with such cleanup shall be borne by the owner, operator or other person responsible for the unauthorized discharge.
The remedy provided by this section shall be in addition to any other remedies provided by law. For purposes of this section, costs incurred by the City of Patterson shall include, but shall not necessarily be limited to, the following:
actual labor costs of City of Patterson personnel, including worker’s compensation benefits, fringe benefits, administrative overhead; cost of equipment operation; cost of materials obtained directly by the City of Patterson; and cost of any contract labor and materials. The authority to recover costs under this section shall not include actual fire suppression services that are normally or usually provided by the Fire Department.
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Packet Pg. 657 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 15 OO. Fireworks. Section 5601.1.3 of the 2022 California Fire Code is amended to read as follows:
5601.1.3 Fireworks. Manufacture, assembly and testing of fireworks is prohibited within the City limits.
PP. Sales, Storage, Use and Handling of Fireworks. Section 5601.1.3.1 of the 2022 California Fire Code is hereby is hereby added to read as follows 5601.1.3.1 Sales, storage, use and handling of fireworks. Sales, storage, use and handling of fireworks shall be in accordance with this chapter.
1. Sales. Retail sale or display with the intent to sell fireworks is limited to State of California Fire Marshal approved and labeled “Safe and Sane” fireworks within the City of Patterson by State of California retailers, provided a permit to sell those fireworks has been approved and obtained from the Fire Code Official or designee as set per Patterson Municipal Code § 6.28. The sale of fireworks may begin no earlier than twelve (12:00) noon on June 28th and may be sold daily thereafter from nine (9:00) a.m. to nine (9:00) p.m., and shall cease by nine (9:00) p.m. on July 4th.
a. Temporary Fireworks Stands. All retail sales of “Safe and Sane” fireworks shall be permitted only from within a temporary fireworks stand and sales from any other building or structure is hereby prohibited.
b. Licensing and permits. City business license, Fire Department Permit, and applicable State licenses shall be displayed in the fireworks stand during hours of operation.
c. Temporary fireworks stand shall not be set up earlier than June 26th and shall be removed, along with any related litter, no later than twelve (12:00) noon on July 12th.
d. Fireworks stands shall be located at least twenty (20) feet from other structures.
e. Fireworks shall not be stored, sold, offered for sale, or discharged within one hundred (100) feet of a location where gasoline, LPgas, other Class I flammable liquids or flammable gasses are stored or dispensed.
f. All unsold stock and litter shall be removed from the temporary location no later than twelve (12:00) noon on July 5th.
6.1.a
Packet Pg. 658 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 16 g. The fireworks stand shall be removed from the temporary location by twelve (12:00) noon on July 12th.
h. A penalty of one hundred dollars ($100.00) per day will be assessed to the permittee of any fireworks stand not removed by twelve (12:00) noon on July 12th.
i. Safety Precautions.
1. No person under the age of eighteen (18) shall sell, or handle for sale, any classification of fireworks.
2. No person under the age of sixteen (16) shall purchase or be allowed to purchase any classification of fireworks.
3. Smoking, open-flame and spark producing equipment shall be prohibited for a distance of twenty (20) feet around any fireworks stand.
4. Dry grass, weeds, trash and other combustible material shall be removed for a distance of twenty (20) feet around any fireworks stand.
5. Fireworks shall not be discharged within fifty (50) feet of a fireworks stand.
j. Stand Construction.
1. The stand shall be provided with a roof.
2. Walls and roof shall be of plywood at least one quarter (1/4) inch thick or of approved non-combustible material.
3. Walls shall extend to a minimum height of six (6) feet eight (8) inches, on at least three (3) sides. These three (3) sides shall be without openings, except for an exit door.
4. An exit door with a minimum width of twenty-four (24) inches, and height of six (6) feet, shall be provided in each stand. Exits shall be maintained clear and unobstructed at all times.
5. The front wall of the stand shall provide a physical barrier not less than eighteen (18) inches in height between the public and the merchandise on display.
6.1.a
Packet Pg. 659 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 17 6. Approved “NO SMOKING” signs shall be prominently
displayed in and on the stand.
7. Approved “NO SALES TO PERSONS UNDER THE AGE
OF 16” signs shall be prominently displayed.
8. An approved fire extinguisher having a minimum UL
classification of 2A10BC shall be located in stand, near the exit and readily accessible.
9. Sellers shall comply with all rules and regulations of Title 19 of the California Code of Regulations and with the rules and regulations of the Fire Code Official.
2. Storage. The storage of fireworks within the City of Patterson is limited to State of California Fire Marshal approved and labeled “Safe and Sane” fireworks by State of California licensed wholesalers and retailers. a. Wholesale Storage. Wholesalers may store “Safe and Sane” fireworks within the City of Patterson solely during the period of June 1 through July 31 of each year. Storage facilities shall comply with H-3 occupancy classification requirements as defined by the 2022 California Building Code.
b. Retailers Storage. Retailers may store “Safe and Sane” fireworks within the City of Patterson solely during the period of June 22nd, through July 15th of each year.
1. Within the permitted fireworks stand with a responsible adult on the premises at all times.
2. In a completely enclosed and locked utility type building constructed of at least one-quarter (1/4) inch plywood or other approved noncombustible material.
3. In a completely detached garage on residential property with a minimum of ten (10) foot clearance to other structures or property lines. There shall be no open-flame or spark
producing equipment, or Class I flammable liquids stored or used within the garage.
4. Fireworks shall not be stored within forty (100) feet of any building classified or used as a public or private school, day care facility, residential care facility, hospital, place of detention, public oil/gas station, or public garage, or any
6.1.a
Packet Pg. 660 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 18 place of public assembly that can accommodate fifty (50) or more persons.
QQ. Revocation of Permit and Seizure of Fireworks. Section 5601.1.3.1.2 of the 2022 California Fire Code is hereby added to read as follows:
5601.1.3.1.2 Revocation of permit and seizure of fireworks. The Fire Code Official or designee may revoke immediately and without notice or hearing, the “Safe and Sane” fireworks sales permit of any location or organization when any of the provisions of this code or Patterson Municipal Code § 6.28 are violated.
The Fire Code Official or designee shall inform the permittee that permittee may seek review of the decision, by the City Manager with written notice that a fireworks sales permit has been revoked, including the name of the permittee and a brief statement of the grounds for revocation. The decision of the City Manager shall be final. Revocation of any sales permit will be effective for that calendar year.
RR. Permits Required. Section 5601.2 of the 2022 California Fire Code is hereby amended by adding the following:
When permits are required to be issued by the Fire Code Official, the Fire Code Official may grant the authority to the agency having enforcement jurisdiction.
Permit shall be obtained:
1. To possess, store, sell, display or otherwise dispose of explosive material at any location.
2. To transport, explosive materials,
3. To use explosive materials.
4. To operate a terminal for handling explosive materials.
SS. Explosive Materials Storage and Handling Section 5604.1.2 of the 2022 California Fire Code is hereby added to read as follows:
5604.1.2 Limits established by law. The storage of explosives is restricted to those areas of the City zoned as Heavy Industrial.
Exception:
1. Temporary storage for use in connection with approved blasting operations conducted in accordance with all applicable provisions of this article.
6.1.a
Packet Pg. 661 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 19 2. Wholesale and retail storage and display of ammunition and gunpowder shall be in accordance with this code.
TT. Manufacture, Assembly and Testing of Explosives, Explosive Material and Fireworks Section 5605.1 of the 2022 California Fire Code is hereby amended to read as follows.
5605.1 Manufacturing. Explosive materials shall not be manufactured within the City limits of Patterson.
UU. Restricted Locations of Flammable and Combustible Liquids in Tanks. Section 5704.2.9.6.1 of the 2022 California Fire Code is hereby amended to read as follows:
5704.2.9.6.1 Restricted locations of flammable and combustible liquids in tanks Storage of Class I and II Liquids in aboveground tanks outside of buildings is prohibited, with the exception of protected tanks designed, installed and maintained in accordance with the 2022 California Fire Code. The provisions of this section shall not apply to facilities for the production, generation, or transmission of electric energy that provide power to entities furnishing retail electrical services to the general public within the City of Patterson.
VV. Maintenance of Protected Aboveground Tanks. Section 5704.2.9.8 of the 2022 California Fire Code is hereby added to read as follows:
5704.2.9.8 Maintenance of protected aboveground tanks. Protected aboveground tanks and connected piping shall be maintained in a safe operating condition. Protected aboveground tanks shall be maintained in accordance with their listings. Damage to protected aboveground tanks shall be repaired using material having equal or greater strength and fire resistance or the protected aboveground tank shall be replaced or taken out of service.
WW. Manufacture of Biodiesel in Group R Occupancies. Section 5704.3.4.2 number 7 of the 2022 California Fire Code is hereby amended by adding subsection 7.1.
7.1 Manufacture of biodiesel in Group R Occupancies: The manufacture and storage of biodiesel is prohibited in Residential Occupancies and in U Occupancies associated with Residential Occupancies.
XX. Manufacture of Ethanol in Group R Occupancies. Section 5704.3.4.2 number 7 of the 2022 California Fire Code is hereby amended by adding subsection 7.2.
7.2 Manufacture of ethanol in Group R Occupancies: The manufacture and storage of ethanol is prohibited in Residential Occupancies and in U Occupancies associated with Residential Occupancies.
6.1.a
Packet Pg. 662 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 20 YY. Heating, Lighting and Cooking Appliances. Section 5705.3.3 of the 2022 California Fire Code is hereby amended to read as follows:
5705.3.3 Heating, lighting and cooking appliances. Heating, lighting and cooking appliances that utilize Class I, II and III liquids shall not be operated within a building or structure.
Exception: Operation in single-family dwellings.
ZZ. Bulk Plants or Terminals. Section 5706.4 of the 2022 California Fire Code is hereby amended to by adding the following:
The construction of new bulk plants for storage of flammable or combustible liquids is restricted to areas of the City of Patterson zoned Heavy Industrial. All existing nonconforming bulk plants for storage of flammable or combustible liquids, which substantially comply with the requirements of this Code, may be continued in use if the Fire Code Official grants a permit.
AAA. Bulk Transfer and Process Transfer Operations Section 5706.5.1.1 of the 2022 California Fire Code is hereby amended by adding the following:
Tank vehicles and tank cars shall be unloaded as soon as possible after arrival at point of delivery and shall not be used as storage tanks. Unless otherwise approved, a tank car shall not be allowed to remain on a siding at the point of delivery for more than twenty-four (24) hours while connected for transfer operations.
BBB. Location of LP-Gas Containers. Section 6104.2 of the 2022 California Fire Code is amended to read as follows:
6104.2 Maximum capacity within established limits. The outside storage of liquefied petroleum gas (LP-gas) shall conform to the provisions of the City of Patterson zoning ordinances. The outside storage and use of liquefied petroleum gases is restricted as specified in this section.
1. Storage and dispensing of LP-gas for resale purposes, into approved containers and vehicles, is restricted to those areas of the City of Patterson zoned as Commercial-Light Industrial, Heavy Industrial, and, in addition thereto, to other commercially zoned properties used as automotive service stations. Only qualified persons shall perform dispensing.
2. Dispensing of LP-gas for private use is restricted to those zones identified in subsection 1, and when approved by the Fire Code Official, may be permitted in those areas of the City of Patterson zoned General Commercial. Only qualified persons shall perform dispensing.
6.1.a
Packet Pg. 663 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 21 3. For cooking, lighting, or heating in a building, only on a property that does not have natural gas service existing on a boundary line of said property or when prohibition of such storage would cause undue hardship.
4. For temporary use on construction sites, when authorized by the Fire Code Official.
5. For use as an alternative fuel supply for an emergency standby generator, when authorized by the Fire Code Official.
6. For use with certain mobile vending and certain commercial barbecue equipment and other specific uses when authorized by the Fire Code Official.
7. For use by Artisans in pursuit of their trade, when authorized by the Fire Code Official.
8. Storage of portable containers awaiting exchange may be permitted in commercially zoned areas of the City of Patterson when approved by the Fire Code Official and stored in accordance with Section 6109.
9. Containers that exceed 2,000 gallons shall comply with Stanislaus County Fire Wardens Office; Fire Prevention Bureau procedures
SECTION 3.
15.20.030 Geographic Limits.
That the geographic limits referred to in certain sections of the 2022 California Fire Code are hereby established as follows:
A. Section 5704.2.9.6.1. All R-1, R-2, and R-3 zoning designations as identified by the Title 18 of the City of Patterson Municipal Code.
B. Section 5706.2.4.4. All R-1, R-2, and R-3 zoning designations as identified by Title 18 of the City of Patterson Municipal Code.
C. Section 5806.2 to read as follows:
Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within the limits established by law as the limits of districts in which such storage is prohibited. All R-1, R-2, and R-3 zoning designations as identified by Title 18 of the City of Patterson Municipal Code.
D. Section 6104.2. The incorporated boundary within the City of Patterson.
6.1.a
Packet Pg. 664 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 22 SECTION 4.
That Ordinance No. of the City of Patterson entitled ORDINANCE FOR ADOPTION OF THE 2022 CALIFORNIA FIRE CODE AND PROVIDING FOR THE MODIFICATION THEREOF and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 5.
That if any section, subsection, sentence, clause or phrase of this legislation is, for any reason, held to be unconstitutional and such decision shall not affect the validity of the remaining portions of this ordinance. The Patterson City Council hereby declares that it would have passed this law, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrase. Thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
SECTION 6.
That nothing in this legislation or in the Fire Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 4 of this law: nor shall any just or legal right or remedy of any character be lost, impaired or affected by this legislation.
SECTION 7.
That the City of Patterson is hereby ordered and directed to cause notification of this proposed ordinance.
SECTION 8.
That this law and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect January 1, 2023 from and after the date of its final passage and adoption.
SECTION 9.
The City Council of the City of Patterson finds its adoption of the 2022 Edition of the California Fire Code as set forth in this ordinance to be exempt from review under provisions of the California Environmental Quality Act (Public Resources Code section 21000 et seq., “CEQA”) consistent with, among other things, the provisions of CEQA guidelines section 15321 (Class 21) which exempts review of the adoption of a general rule of enforcement under CEQA.
This ordinance shall be published by one insertion in the PATTERSON IRRIGATOR, a newspaper of general circulation printed and published in the City of Patterson, within fifteen (15) days after its final passage and shall take effect and be in force thirty (30) days from and after its final passage.
6.1.a
Packet Pg. 665 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 23 PASSED AND ADOPTED by the City Council of the City of Patterson at a meeting of said City Council held on the 15th day of November 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
6.1.a
Packet Pg. 666 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 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: December 6, 2022
ITEM NO: 6.2
SUBJECT: Approve Resolution No. 2022-84, a Resolution of the City Council of the City of Patterson Annexing Territory and Approving a Rate and Method of Apportionment of Special Taxes within the City of Patterson Community Facilities District No. 2018-2 (Residential Maintenance Services).
RECOMMENDATION
Motion to Approve Resolution No. 2022-84, a Resolution of the City Council of the City of Patterson
Annexing Territory and Approving a Rate and Method of Apportionment of Special Taxes within the
City of Patterson Community Facilities District No. 2018-2 (Residential Maintenance Services).
BACKGROUND
The City is party to a Development Agreement with Baldwin Ranch Development, LLC Relating to the Development Known as “The Baldwin Ranch North” (the “Development Agreement”) approved by Ordinance No. 859 adopted by the City Council on January 18, 2022. The territory so assigned includes parcels being developed within The Baldwin Ranch North development area, see attached exhibit(s).
The Development Agreement requires, among other matters, that the Developer (as defined in the Development Agreement) cooperate in the formation of such maintenance districts as the city may determine to be appropriate for the maintenance of public facilities in the Project (as defined in the Development Agreement), including but not limited to benefit assessment, landscape and/or lighting districts.
6.2 Packet Pg. 667
The Department of Public Works has previously formed a community facilities district under the provisions of the Mello-Roos Community Facilities Act of 1982 to fund street, park and other maintenance services. The formation proceedings completed back in 2018 for the district allowed for the annexation of other properties in the City to be completed in the future with residential structures, as and when they develop. This maintenance district was formed for only residential areas to be included for any special taxes to be levied in the proposed community facilities district.
It should be noted that, in 2018, the City of Patterson formed its residential maintenance CFD 2018-02 when the Villages of Patterson was developed. Baldwin Ranch North was also required to form a Safety Services CFD and Infrastructure CFD. The Safety Services has been completed and the Infrastructure CFD is currently going through the process. All commercial parcels within the Baldwin Ranch North will be required to annex into the existing Non-Residential Maintenance CFD 2013-1. No further action will be taken on those parcels since they are currently identified in the existing boundaries of this district.
ANALYSIS
On October 17, 2022, the City Council of the City of Patterson approved Resolution No. 2022- 68, a Resolution of Intent which declared the City’s intentions to annex territory to the Community Facilities District (CFD) 2018-2 and Authorized the Levy of Special taxes pursuant to the Mello-Roos Community Facilities Act of 1982 for Residential Maintenance Services and set the Public Hearing to occur on December 6, 2022 at 7:00 p.m., in the City Hall, Council Chamber during a City Council meeting.
FISCAL IMPACT
All costs associated with the formation of this Maintenance CFD are paid for by the developer.
The Maintenance Community Facilities District 2018-2 ongoing maintenance of public improvements including street lighting, storm drainage system, parks, sidewalks, streets, and landscaping.
ATTACHMENTS
1. Resolution No. 2022-84 Annexing Territory and Approving the Rate and Method of Apportionment of Special Taxes within the City of Patterson Community Facilities District No. 2018-2 (Residential Maintenance Services)
2. Rate and Method of Apportionment of Special Tax (RMA)
3. Maintenance CFD 2018-2 Annexation No. 1 (Baldwin Ranch North) Boundary Map (previously adopted with Resolution of Intention)
6.2 Packet Pg. 668
RESOLUTION NO. 2022-84
A RESOLUTION ANNEXING TERRITORY AND APPROVING A RATE AND
METHOD OF APPORTIONMENT OF SPECIAL TAXES WITHIN THE CITY OF PATTERSON COMMUNITY FACILITIES DISTRICT NO. 2018-02
(RESIDENTIAL MAINTENANCE SERVICES)
WHEREAS, this Council has previously established City of Patterson Community Facilities District 2018-02 (Residential Maintenance Services) (the “CFD”) pursuant to the MelloRoos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”), and formed the CFD Resolution No. 2018-78 adopted on October 16, 2018 (the “Resolution of Formation”) and thereby also established a Future Annexation Area for the CFD (the “Future Annexation Area”); and
WHEREAS, the Resolution of Formation provides that annexations into the CFD from land within the Future Annexation Area may be made by Petition and Vote of landowners without Council action, provided however, for lands outside of the Future Annexation Area Council action is be required for annexation and establishment of a special tax rate applicable to the area annexed; and
WHEREAS, on October 17, 2022 the City Council (the “City Council”) of the City of Patterson (the “City”) adopted a Resolution No. 2022-68 entitled “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PATTERSON OF INTENTION TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT 2018-02 (RESIDENTIAL MAINTENANCE SERVICES) AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN” (the “Resolution of Intent”), stating its intention to undertake proceedings to annex certain territory (which is outside of the Future Annexation Area) to the CFD and provide for a Rate and Method applicable to the annexed area; and
WHEREAS, as of the date hereof, the sole owners (the “Owners”) of all the territory within the land proposed to be annexed into the CFD have executed and delivered to the City a “Petition, Consent, Waiver and Vote of Sole Landowners” (the “Petition and Vote”) substantially in the form attached hereto as Exhibit B, pursuant to which the Owners have requested annexation of their land described in Exhibit C into the CFD, and the establishment of a tax rate in a specified amount as set forth in the Resolution of Intent, and voted in favor of establishing the Rate and Method of Apportionment of Special Tax (the “RMA”) for the annexed area as proposed in connection with the Resolution of Intent, and set forth other matters related thereto, which RMA is attached as Exhibit A hereto; and
WHEREAS, pursuant to the Petition and Vote, each Owner has certified that, based upon their knowledge and familiarity with the land within the land area to be annexed there are no registered voters residing on any of the land within land area to be annexed and that it comprises the sole ownership entity which is the record Owner of the respective land area indicated on Exhibit C to be annexed; and
WHEREAS, on the date hereof, the Owners have submitted to the Council as part of the Petition and Vote a landowner ballot with respect to the land it owns and requested to be annexed, and marked “Yes” to indicate support for a ballot measure to annex and set the tax rate, and the executed Petition and Vote and ballot is on file with the Clerk; and
6.2.a
Packet Pg. 669 Attachment: 2 Resolution No. 2022-84 Annex Baldwin Ranch into 2018-2 12-6-22 (Resolution No.2022-84 Annexing Territory to Maintenance -2-
WHEREAS, on the basis of the Petition and Vote and the ballot, this Council believes that the Owners of one hundred percent (100%) of the property within the land area to be annexed which would be affected by the adoption and approval of the matters stated therein, have requested, consented to and voted in favor of such adoption and approval in order to more effectively accomplish the authorized purposes of the CFD and the land area to be annexed; and WHEREAS, the Council, on this day held a public hearing on matters set forth in the Resolution of Intent and no objections to the Council proceeding as intended therein were expressed; and
WHEREAS, the Council wishes to accept the Petition and Vote, annex the territory into the CFD, and approve and adopt the RMA for the land area to be annexed, all in furtherance of the authorized purposes of the CFD and the land area to be annexed, and all as requested and approved by the Owners.
NOW, THEREFORE, be it resolved by the City Council of the City of Patterson:
1. Findings. This Council hereby finds and determines that the foregoing recitals are correct and that public convenience and necessity require that territory be added to the CFD.
Section 2. The territory proposed to be annexed to the CFD as described in the Resolution of Intent shown on the Annexation Map No. 1, on file with the Clerk on the date of adoption of the Resolution of Intent and subsequently recorded in the Stanislaus County Recorder’s Office on October 24, 2022 as Document No. 2022-0069923, in Volume 6, Page 66, to which map reference is hereby made, is hereby annexed into the CFD.
Section 3. The RMA as described in the Resolution of Intent is hereby approved and adopted and for all future purposes of the land area annexed, unless and until changed by future action of the Council in accordance with the Act. The Hearing Report for the land area to be annexed on file with the City, which is hereby made part of the proceedings for the land area to be annexed, remains unchanged other than with respect to the revised RMA.
Section 4. This Council hereby finds that the provisions of Section 53326 of the Act requiring a minimum of time period for holding an election and other election formalities relative to the actions taken hereby are for the protection of the qualified electors of the land area to be annexed. There is on file with the City Clerk as part of the Petition and Vote a written waiver executed by all of the qualified electors of the land area to be annexed allowing for a shortening of the time for the special election to expedite the process of annexing the land area to be annexed to the CFD and related matters, and waiving any requirement for notice, analysis and arguments in connection with the election. Accordingly, this Council finds and determines that the qualified electors have been fully apprised of and have agreed to the shortened time for the election and waiver of analysis and arguments, and have thereby been fully protected in these proceedings.
Section 5. The Council hereby further finds and declares that the revised RMA affects only the land within the land area to be annexed, and the ballot measure submitted to and by the Owners constitute the favorable vote of each landowner of all the territory within the land area to be annexed, with the Owners being the sole qualified electors entitled to vote in the election, has been passed and approved by unanimous “Yes” vote of said landowners, as the sole qualified voters.
6.2.a
Packet Pg. 670 Attachment: 2 Resolution No. 2022-84 Annex Baldwin Ranch into 2018-2 12-6-22 (Resolution No.2022-84 Annexing Territory to Maintenance -3-
Section 6. The Secretary is hereby directed to cause the preparation and recordation of an Amended Notice of Special Tax Lien to be recorded in the office of the County Recorder of the County of Stanislaus, as needed, to the changes ordered by this Resolution.
Section 7. It is hereby found that the actions taken by this resolution are valid and in conformity with the Act, including in accordance with the authority granted to this Council as the legislative body of the CFD pursuant to the provisions Section 53312.5 and 53315 of the Act. It is hereby further found that all prior proceedings and actions taken by this Council related to the CFD were valid and in conformity with the Act.
Section 8. This Resolution shall take effect upon its adoption. * * * * * *
PASSED AND ADOPTED by the Patterson City Council at a regular meeting held on the 6th day of December, 2022, by ____________, who moved its adoption, which motion was duly seconded by ____________, and the resolution adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
APPROVED:
Dennis McCord
Mayor of the City of Patterson
ATTEST:
Aracely Alegre
City Clerk of the City of Patterson
6.2.a
Packet Pg. 671 Attachment: 2 Resolution No. 2022-84 Annex Baldwin Ranch into 2018-2 12-6-22 (Resolution No.2022-84 Annexing Territory to Maintenance -4-
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 6th day of December 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
6.2.a
Packet Pg. 672 Attachment: 2 Resolution No. 2022-84 Annex Baldwin Ranch into 2018-2 12-6-22 (Resolution No.2022-84 Annexing Territory to Maintenance
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
CITY OF PATTERSON
Community Facilities District No. 2018-02
(Residential Maintenance Services)
Attached.
6.2.a
Packet Pg. 673 Attachment: 2 Resolution No. 2022-84 Annex Baldwin Ranch into 2018-2 12-6-22 (Resolution No.2022-84 Annexing Territory to Maintenance
EXHIBIT B
PETITION, CONSENT, WAIVER AND VOTE OF SOLE LANDOWNERS
CITY OF PATTERSON
Community Facilities District No. 2018-02
(Residential Maintenance Services)
(Annexation No. 3)
To the Honorable City Council
City of Patterson
311 Vernon Street
Patterson, CA 95678
Members of the Council:
The undersigned are collectively the authorized representatives of Baldwin Ranch Development, LLC, a California limited partnership, Valley Property & Equipment Rental, Inc., a California Corporation, Land Development Realty Group, LLC, a California limited liability company, and Eagle Valley Investments, a California corporation, collectively the owners (together the "Owners") of the all the parcels listed in Exhibit A, which parcels collectively comprise of all the land proposed to be included within the land area to be annexed as Annexation No. 3 to the City of Patterson Community Facilities District 2018-02 (Residential Maintenance Services) (the “CFD”).
Each undersigned representative (each and “Owner”), on behalf of the entity it represents, hereby petitions, represents, warrants, and certifies to the City as follows:
1. I am familiar with the CFD, the Future Annexation Area and the land therein listed in Exhibit C hereto and proposed to be the land area to be annexed of the CFD.
2. I am familiar with and have personally inspected the land within the land area to be annexed, which is undeveloped land, and I have noted that there are no dwellings thereon that might serve as habitation for registered voters. Based on the foregoing, I have determined that at no time during the 90 days preceding the date hereof were there ever any persons registered to vote within the territory of the land area to be annexed.
3. The Council is requested to establish the land area to be annexed within the CFD over land shown on the Annexation Map No. 1 on file with the Clerk, and to establish a special tax applicable to such land as described in Rate and Method of Apportionment of Special Tax for the land area to be annexed (“Annexation No. 3 RMA”), which is attached to this Petition and Vote.
4. The undersigned is legally entitled and authorized to cast the ballot for the Owner in the landowner, mailed-ballot election to be conducted on December 6, 2022 within the land area to be annexed to determine whether to ratify and confirm the Annexation No. 3 RMA.
6.2.a
Packet Pg. 674 Attachment: 2 Resolution No. 2022-84 Annex Baldwin Ranch into 2018-2 12-6-22 (Resolution No.2022-84 Annexing Territory to Maintenance 4 5. The Owner hereby consents to the applicability of the Annexation No. 3 RMA to land within the land area to be annexed
6. The undersigned, on behalf of the above-named Owner, hereby waives each of the following:
a. any and all minimum time periods relative to the public hearing to be held pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”) and the publication of the notice of hearing pursuant to the Act. b. any and all minimum time periods relative to the landowner-voter election to be held pursuant to the Act to ratify and confirm the Council’s approval of the Annexation No. 3 RMA ;
c. the preparation and distribution of an impartial analysis of the ballot measure, as well as arguments in favor and against, under the authority of the Act; d. the requirement to publish notice of the election under the Act; e. the requirements regarding the time to mail ballots to the qualified electors under Elections Code Section 4101, and agrees to accept either mailed service or personal service of the ballot;
f. the requirements regarding identification envelopes for the return of mailed ballots contained in the Act; and
g. any and all defects in notice or procedure in the process of ordering the Annexation No. 3 RMA, including but not limited to the public hearing, and conduct of the election, whether known or unknown (other than the right to have ballots accurately counted).
7. The undersigned expressly acknowledges, represents and states that the election is being expedited by the City, pursuant to this waiver and consent, at the particular instance and request of the above-named Owner and this consent and waiver shall constitute a ballot and vote in favor of such change as indicated following the below signature of each Owner and votes as follows by checking a “yes” vote or a “no” vote to the following ballot measure.
6.2.a
Packet Pg. 675 Attachment: 2 Resolution No. 2022-84 Annex Baldwin Ranch into 2018-2 12-6-22 (Resolution No.2022-84 Annexing Territory to Maintenance 5 BALLOT MEASURE: Shall the measure pursuant to which
the City of Patterson shall annex land to the City of Patterson Community Facilities District 2018-02 (Residential
Maintenance Services) and establish the Rate and Method of Apportionment of Special Tax (the “RMA”) applicable to the land area to be annexed, as set forth in the Resolution of Intention adopted by the City Council on October 16, 2022 of be adopted?
YES
_______
NO
_______
I declare, under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct and that this declaration is executed and vote has been case as of ____________, 2022.
Baldwin Ranch Development, LLC, a
California limited partnership
BY: Eagle Valley Investments, a California
corporation, its general partner
By: ___________________________
Larry Buehner
President
By: Land Development Consulting Group,
LLC, a California limited liability company,
its Member
By: __________________________
Joseph Hollowell, III, Member
Valley Property & Equipment Rental, Inc., a
California Corporation
By:
Larry Buehner, President
Land Development Realty Group, LLC, a
California limited liability company
By:
Joseph Hollowell III, Member
Eagle Valley Investments, a California
corporation
By:
Larry Buehner, President
6.2.a
Packet Pg. 676 Attachment: 2 Resolution No. 2022-84 Annex Baldwin Ranch into 2018-2 12-6-22 (Resolution No.2022-84 Annexing Territory to Maintenance
EXHIBIT C
CITY OF PATTERSON
Community Facilities District No. 2018-02
(Annexation No. 3)
ASSESSOR’S PARCEL NUMBERS AND OWNERS OF LAND IN
ANNEXATION NO. 3
Assessor’s
Parcel No.
Record Name of
Property Owner
No. of
Acres
021-098-002
021-098-003
021-098-004
Valley Property & Equipment Rental, Inc., a
California Corporation, as to an undivided
34.41%; Land Development Realty Group, LLC,
a California limited liability company as to an
undivided 30.00% interest; and Eagle Valley
Investments, a California corporation as to an
undivided 35.59% interest, all as tenants in
common
14.21 8.53
7.22 021-098-007 Baldwin Ranch Development LLC 8.10
021-098-008 Baldwin Ranch Development LLC 36.50
021-098-009 Baldwin Ranch Development LLC 26.04
021-098-010 Baldwin Ranch Development LLC 19.76
TOTAL 120.36
6.2.a
Packet Pg. 677 Attachment: 2 Resolution No. 2022-84 Annex Baldwin Ranch into 2018-2 12-6-22 (Resolution No.2022-84 Annexing Territory to Maintenance ANNEXATION MAP NO. 1 OF
CITY OF PATTERSON
COMMUNITY FACILITIES DISTRICT NO. 2018-02
(RESIDENTIAL MAINTENANCE SERVICES)
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF PATTERSON THIS _____ DAY OF __________, 20__. _______________________
CITY CLERK
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF CITY OF ANNEXATION NO. 3 TO CITY OF PATTERSON COMMUNITY FACILITIES DISTRICT NO. 2018-02 (RESIDENTIAL MAINTENANCE SERVICES),
COUNTY OF STANISLAUS, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF PATTERSON, AT A MEETING THEREOF, HELD ON THE _____ DAY OF __________, 20__, BY ITS RESOLUTION NO._____.
_______________________
CITY CLERK
FILED THIS _____ DAY OF __________, 20__, AT THE HOUR OF _____ O'CLOCK __.M., IN BOOK _____ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, AT PAGE _____ IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF STANISLAUS, STATE OF CALIFORNIA.
_______________________
COUNTY RECORDER
COUNTY OF STANISLAUS
FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR PARCELS, REFERENCE IS MADE TO THE MAPS OF THE ASSESSOR, COUNTY OF STANISLAUS, STATE OF CALIFORNIA.
CITY OF PATTERSON
COUNTY OF STANISLAUS
STATE OF CALIFORNIA
SPERRY AVE
B
ALD
WIN
R
D
AZALEA DR
LA
VEND
ER LN
OASIS LN
DAISY DR
ANGUS ST
PHLOX DR
HORIZON LN
MARIGOLD DR
BERRENDAS ST
CALVINSON PKWY
A
B
ELIA LN
PA
RK
CEN
TER
D
R
DA
YLILLY LN
N
O
S
TALG
AI A
VE
S
H
O
R
TH
O
R
N
S
T
021-098-008-000
021-098-009-000
021-098-010-000
021-098-002-000
021-098-003-000
021-098-007-000
021-098-004-000
Sheet 1 of 1
Source: Stanislaus County GIS
Geographic Coordinate Reference: GCS North American 1983 Projection: NAD 1983 StatePlane California III FIPS 0403 Feet
C I T Y O F P A T T E R S O N
CFD Boundary
CFD Parcels
Parcels
0 200 400 800 Feet
O City of Patterson
CFD Boundary
Highways
¬«33
¬«33
¥5
¥5
SPERRY AVE
AQUEDUCT
AQUEDUCT
6.2.b
Packet Pg. 678 Attachment: CFD 2018-2 Annex 1 Boundary Map Baldwin Ranch 12-6-22 (Resolution No.2022-84 Annexing Territory to Maintenance CFD 2018-2)
WEST PATTERSON FINANCING AUTHORITY
AGENDA REPORT
TO: Chair McCord and Members of the West Patterson Financing Authority FROM: Ken Irwin, Executive Director
BY: Mike Willett, Public Works Director
MEETING DATE: December 6, 2022
ITEM NO: 7.1
SUBJECT: Approve Second Reading and Adoption of Ordinance No. 866, Reading by Title Only, Waiving Further Reading, an Ordinance of the Board of Directors of the West Patterson Financing Authority Levying Special Tax within CFD 2022-02.
RECOMMENDATION:
Motion to Approve Second Reading and Adoption of Ordinance No. 866, Reading by Title Only, Waiving Further Reading, an Ordinance of the Board of Directors of the West Patterson Financing Authority Levying Special Tax within CFD 2022-02.
BACKGROUND
Motion to approve Second Reading of Ordinance No. 866, Reading by title only, waiving further reading.
Motion to Adopt Ordinance No. 866, Reading by title only, waiving further reading.
ANALYSIS
On November 15, 2022 the Board of Directors of the West Patterson Financing Authority approved the first reading and Introduction of Ordinance No. 866 in regards to, Levying Special Tax within CFD 2022-02. Staff is now requesting for Board of Directors of the West Patterson Financing Authority to approve the second reading and adoption of Ordinance No.866, with no changes, as presented and hereto attached.
7.1 Packet Pg. 679
1 ORDINANCE NO. 866
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE WEST
PATTERSON FINANCING AUTHORITY LEVYING SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 2022-1
(BALDWIN RANCH INFRASTRUCTURE)
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 September 4, 2018, this Board of Directors (the “Board”) of the West Patterson Financing Authority (the “Authority”), adopted its resolution entitled “Resolution of Intention to Establish Community Facilities District” (the “Resolution of Intention”), and has conducted proceedings (the “Proceedings”) to establish “West Patterson Financing Authority Community Facilities District No. 2022-1 (Baldwin Ranch Infrastructure)” (the “CFD”) 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 facilities (the “Facilities”) as provided in the Act; WHEREAS, pursuant to notice as specified in the Act, and as part of the Proceedings, the Board has held a public hearing under the Act relative to the determination to proceed with the formation of the CFD and the rate and method of apportionment of the special tax (“Special Tax”) to be levied within the CFD to finance the Facilities, and at such hearing all persons desiring to be heard on all matters pertaining to the formation of the CFD and the levy of the Special Tax were heard, substantial evidence was presented and considered by this Board and a full and fair hearing was held;
WHEREAS, upon the conclusion of the hearing, this Board 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, 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 November 15, 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 Board.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE WEST PATTERSON FINANCING AUTHORITY as follows:
Section 1. By the passage of this Ordinance, the Board hereby authorizes and levies the Special Tax within the CFD 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 Facilities for the CFD, as contemplated by the Resolution of Formation and the Proceedings and all costs of administering the CFD.
Section 2. The Treasurer of the Authority or designee, or an employee or consultant of the Authority, is hereby authorized and directed each fiscal year to determine the specific Special Tax to be levied for the next ensuing fiscal year for each parcel of real property within the CFD, in the manner and as provided in the Resolution of Formation.
7.1.a
Packet Pg. 680 Attachment: Ordinance No. 866 (Approve Ordinance No. 866 Levying Special Tax) 2 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 for in the Act and in the Resolution of Formation including, but not limited to, the payment of principal and interest on bonds and other debt (as defined in the Act) issued by the Authority for the CFD (the “Bonds”), the replenishment of the reserve fund for the Bonds, the payment of the costs of the Facilities, the payment of the costs of the Authority 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 Board may provide for other appropriate methods of collection by resolution(s) of the Board. In addition, the provisions of Section 53356.1 of the Act shall apply to delinquent Special Tax payments. The Treasurer of the Authority 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 the Stanislaus County for fiscal year 2019-20 and for each fiscal year thereafter until the Bonds are paid in full or such longer period of time provided in the Rate and Method.
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 Chair shall sign this Ordinance and the Secretary shall cause the same to be published immediately after its passage at least once in a newspaper of general circulation circulated in the Authority.
7.1.a
Packet Pg. 681 Attachment: Ordinance No. 866 (Approve Ordinance No. 866 Levying Special Tax) 3 Section 8. This Ordinance shall take effect 30 days from the date of final passage. * * * * * * * * *
The foregoing ordinance was introduced by the following vote at the meeting of the Board of Directors of the West Patterson Financing Authority held on the 15th day of November 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 6th, day of December 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:
APPROVED:
Dennis McCord, CHAIR
ATTEST:
____________________________
Aracely Alegre, SECRETARY
7.1.a
Packet Pg. 682 Attachment: Ordinance No. 866 (Approve Ordinance No. 866 Levying Special Tax)