Exhibit A
STANISLAUS COUNTY LOCAL AGENCY
FORMATION COMMISSION
RESOLUTION
DATE: July 26, 2023 NO. 2023-08
SUBJECT: MUNICIPAL SERVICE REVIEW NO. 2023-02, SPHERE OF INFLUENCE MODIFICATION NO. 2023-02, AND LAFCO APPLICATION NO. 2023-01-
ZACHARIAS-BALDWIN MASTER PLAN REORGANIZATION TO THE CITY OF
PATTERSON
On the motion of Commissioner Berryhill, seconded by Commissioner Bublak, and approved by the following vote:
Ayes: Commissioners: Berryhill, Bublak and O'Brien
Noes: Commissioners: Chiesa and Withrow
Ineligible: Commissioners: None
Absent: Commissioners: Grewal, Lane and Lopez
THE FOLLOWING RESOLUTION WAS ADOPTED:
WHEREAS, the City of Patterson has requested their Sphere of Influence be modified to include additional territory of approximately 1,221 acres north and south of the City Limits; WHEREAS, the City of Patterson has requested to concurrently annex 1,375 acres to the City and simultaneously detach the territory from the Del Puerto Water District, Patterson Irrigation District, West Stanislaus Irrigation District and West Stanislaus Fire Protection District; WHEREAS, the City of Patterson approved a Resolution of Application and prezoned the subject territory;
WHEREAS, there are more than twelve (12) registered voters within the area and it is thus considered inhabited;
WHEREAS, California Government Code Section 56430 requires the Commission to conduct a municipal service review before, or in conjunction with, but no later than the time it is considering an action to update a Sphere of Influence;
WHEREAS, a Municipal Service Review has been conducted in accordance with California Government Code Section 56430;
WHEREAS, the Municipal Service Review is an informational document and its adoption is exempt form the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15306, Class 6 (Information Collection) of the State CEQA Guidelines; the Government Code;
LAFCO Resolution No. 2023-08
July 26, 2023
WHEREAS, the City of Patterson, as Lead Agency, has prepared the environmental documentation and has certified a Final Environmental Impact Report for the proposal, in compliance with the California Environmental Quality Act (CEQA) and State CEQA Guidelines; WHEREAS, the City of Patterson shall be responsible for mitigation monitoring and reporting to ensure CEQA compliance;
WHEREAS, the City of Patterson has determined that there are impacts, which could not be mitigated to acceptable levels and adopted CEQA Findings of Fact and Statement of Overriding Considerations, as put forth in the City of Patterson Resolution No. 2022-62; WHEREAS, the Commission has reviewed the environmental documentation prepared by the City of Patterson, including the Final Environmental Impact Report and Statement of Overriding Considerations, and has not identified any feasible mitigation measures that would substantially lessen the identified impacts of the proposal;
WHEREAS, there are two active Williamson Act Contracts (No. 78-3549 & No. 88-4156) within the proposal area which were protested by the City of Patterson and upheld by LAFCO; WHERAS, pursuant to Government Code Section 56856.5(c), the Commission may approve a reorganization that would result in the annexation of Williamson Act lands when it makes a specific finding;
WHEREAS, the City of Patterson is exercising its option to not succeed to the rights, duties, and powers of the County under the contracts as set forth in Government Code section 51243.5(d)2; WHEREAS, the Commission has reviewed the Plan for Agricultural Preservation submitted by the City with this proposal which provides information regarding impacts to agricultural lands and the City's strategy to minimize the loss of agricultural lands; WHEREAS, pursuant to Government Code Section 56425, City and County representatives met to discuss the proposed Sphere of Influence and its boundaries, and the resulting agreement has been considered with great weight by the Commission; WHEREAS, the Commission conducted a duly noticed public hearing on July 26, 2023 to consider the proposal at which time the Commission heard and received all oral or written testimony, objections, and evidence that were presented and all interested persons were given an opportunity to hear and be heard with respect to the proposal and the report provided by LAFCO Staff;
WHEREAS, the Commission has, in evaluating the proposal, considered the report submitted by the Executive Officer, the factors set forth in Section 56668 of the California Government Code and testimony and evidence presented at the meeting held on July 26, 2023.
NOW, THEREFORE, BE IT RESOLVED that this Commission:
Acting as a "Responsible Agency" pursuant to CEQA Guidelines Sections 15051, 15052, 15096, and 15391, the Commission has reviewed and considered the Final Environmental Impact Report (SCH # 2018122052) for the City of Patterson's Zacharias- Baldwin Master Plan proposal; adopts the same findings regarding the environmental impacts of the proposal and the statement of overriding considerations, all as approved and adopted by the City of Patterson acting as the "Lead Agency" and put forth in LAFCO Resolution No. 2023-08
July 26, 2023
Patterson City Council Resolution No. 2022-62; and additionally makes the following findings:
A. As a "Responsible Agency", Stanislaus LAFCO has independently evaluated the City's certified EIR, and has complied with all actions and guidelines pursuant to CEQA Guidelines Section 15096(a-i), and has reached an independent conclusion that determines the EIR adequately addresses the potential impacts related to the proposal that the Stanislaus LAFCO has been asked to approve; On the basis of substantial evidence in light of the whole record, none of the conditions identified in the CEQA Guidelines Section 15052 have occurred that would necessitate LAFCO assuming the role of Lead Agency from the City of Patterson;
C. On the basis of substantial evidence in light of the whole record, none of the conditions identified in CEQA Guidelines Section 15162 or 15163 have occurred that would necessitate preparation of a Subsequent EIR or Supplemental EIR as certified by the City of Patterson;
D. On the basis of substantial evidence in light of the whole record, in compliance with CEQA Guidelines • Section 15096(g)(2), that there are no feasible alternatives to the proposal or feasible mitigation measures within the Stanislaus LAFCO's powers that would substantially lessen or avoid any significant effect the proposal would have on the environment;
E. On the basis of substantial evidence in light of the whole record, in compliance with CEQA Guidelines Section 15096(h), that the Stanislaus LAFCO, as a "Responsible Agency" adopts the same findings put forth in Patterson City Council Resolution No. 2012-52, as required by Section 15091(a) for each significant effect of the proposal and makes the findings in Section 15093 as necessary, adopts the same Statement of Overriding Considerations, also contained in said referenced Resolution No. 2022-62, and to further require the filing of a Notice of Determination in compliance with CEQA Guidelines Section 15096(i); and,
F. The City of Patterson shall be responsible for the Mitigation Monitoring and Reporting Program, all as approved and adopted by the City to ensure CEQA Compliance.
Determines that the preparation and adoption of the City of Patterson Municipal Service Review is categorically exempt from environmental review pursuant to Article 19, Section 15306, Class 6 (Information Collection) of the CEQA Guidelines.
Adopts the Municipal Service Review and Sphere of Influence document prepared for the City of Patterson in accordance with Government Code Sections 56430 and 56425 and makes the determinations being incorporated by reference herein as though set
4. Finds that the Sphere of Influence modification would create a logical boundary and would facilitate planned, orderly, and efficient patterns of land use or provision of services.
LAFCO Resolution No. 2023-08
July 26, 2023
Determines the adoption of the Sphere of Influence Modification for the City of Patterson is consistent with the City's General Plan land use designations, and with the Spheres of Influence of other service providers in the area.
6. Adopts the Sphere of Influence Modification (expansion) as proposed by the City of Patterson, coterminous with the annexation boundary and designates the entirety of the expanded Sphere of Influence as Primary Area, included hereto as Attachment 1.
Determines that the Plan for Agricultural Preservation, as submitted by the City, contains sufficient evidence demonstrating consistency with the goals of the Commission's Agricultural Preservation Policy.
8. Determines that: (a) the approval of the modified Sphere of Influence is consistent with overall Commission policies and the City's General Plan; (b) consistent with Government Code Section 56426.6 addressing Williamson Act lands, approval of the proposal will result in planned, orderly and efficient development of the area; and (c) the City has provided to do domen of the are provided sufficient evidence to show that the required services are available and will be Finds, pursuant to Government Code Section 56856.5, that the reorganization of the "Zacharias-Baldwin Master Plan" area is appropriate to provide necessary urban services to a planned, well-ordered, and efficient urban development pattern by the City of Patterson, whose adopted plans and policies includes appropriate consideration for the preservation of open space lands within those urban development patterns upon annexation.
10. Approves the proposal subject to the following terms and conditions:
A. The applicant shall pay State Board of Equalization fees and remaining fees owed to LAFCO.
B. The applicant agrees to defend, hold harmless and indemnify LAFCO and/or its agents, officers, and employees from any claim, action or proceeding brought against any of them, the purpose of which is to attack, set aside, void, or annul AFCO's action on a proposal or any action relating to or arising out of suc pproval, and provide for the reimbursement or assumption of all legal costs connection with that approval.
C. The effective date shall be the date of recordation of the Certificate of Completion.
D. The application shall be processed as a reorganization consisting of the annexation of territory to the City of Patterson and detachment from the Del Puerto Water District, Patterson Irrigation District, West Stanislaus Irrigation District, and West Stanislaus Fire Protection District.
Upon the effective date of the annexation, all rights, title, and interest of the County, including the underlying fee where owned by the County in any and all public improvements, including, but no limited to the following: sidewalks, trails, landscaped areas, open space, street lights, signals, bridges, storm drains, and pipes shall vest in the Cily; except for those properties to be retained by the LAFCO Resolution No. 2023-08
July 26, 2023
Dey or Paterso proposal as the Zacharias-Baldwin Master Plan Reorganization to the
12. Designates the Commission as conducting authority pursuant to Government Code Section 56029 for the reorganization.
13. Authorizes and directs the Executive Officer, pursuant to Government Code Section 56881(d), to initiate the protest proceedings for the reorganization pursuant to Part 4, commencing with Section 57000, in compliance with this Resolution and upon receipt of a map and legal description accepted to form by the Executive Officer.
ATTEST Se Lytle-Rity
Sara Lytle-Pinhey
Executive Officer
Attachment: Sphere of Influence Map
Zacharias-Baldwin Master Plan Reorganization to the
RD CITY OF PATTERSON
RAINES RD PROJECT MAP
Area "B" BALDWIN
EUCALYPTUS AVE
ZACHARIAS RD
Area "A"
* 33
ELAS PALMAS AVE
PATTERSONA WARD AVE
LEGEND
City of Patterson
SPERRY RD
(5,120t acres)
Existing SOI (5,950+
acres including City)
Existing Primary Area ALMOND AVE
(825+ acres)
Proposed Annexation
(1,375+ acres)
ELFERS RD-
Proposed SOI (1,221+ Area "C"
acres)