City of Patterson Page 1 Updated 3/28/2024 5:28 PM
Agenda
City of Patterson
City Council Regular Meeting
April 2, 2024
7:00 PM
Council Chambers
1 Plaza
Patterson, CA 95363
PUBLIC MEETING GUIDELINES
City of Patterson City Council meetings are conducted in person at City Hall Council Chambers. As a courtesy, and technology permitting, members of the public may participate virtually. However, the City cannot guarantee that the public’s access to teleconferencing and translating technology will be uninterrupted, and technical difficulties may occur from time to time.
MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THE MEETING IN PERSON OR VIA TELECONFERENCE BY CALLING 1-669-900-9128, MEETING ID: 693 538 4239, PASSWORD: 20995363. JOIN FROM A PC, MAC, IPAD, IPHONE, OR ANDROID DEVICE BY USING THIS URL:
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Para acceder a la traducción escrita durante la reunión, escanee el código QR o haga clic en este enlace:
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Choose Language and Click Attend / Elija el idioma y haga clic en Asistir Use a headset on your phone for audio or read the transcript on your device.
The City Council agenda and supporting public documents are available for viewing in City Hall, City of Patterson Page 2 Updated 3/28/2024 5:28 PM
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (209) 895-8012. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA Title II] The City Council agenda and supporting public documents are available for viewing in City Hall, Administration Department, 1 Plaza, 2nd Floor, Patterson, California, during normal business hours. The City Council agenda and supporting public documents are also available online on the City web site www.ci.patterson.ca.us listed under Popular Links “City Council Agendas” or please call or email the City Clerk at (209) 895-8012 or [email protected] If you wish to be notified of future City Council Meetings, please visit our web site www.ci.patterson.ca.us go to Popular Links “City Council Agendas” and Subscribe to “RSS” ═══════════════════════════════════════════════════════════════
1. Call to Order
2. Pledge of Allegiance
3. Statements of Conflict
4. Items from the Public
Any member of the audience desiring to address the Council regarding a matter not on the agenda, please raise your hand or step to the podium, or if using the zoom app by pressing *9 on your cell phone at the time the item is announced by the Mayor. The public wishing to address the Council on items that do not appear on the agenda may do so; however, Council will take no action other than referring the item to staff for study and analysis and may place the item on a future agenda (Resolution 92-25)
In order that all interested parties have an opportunity to speak, any person addressing the Council will be limited to a maximum of five (5) minutes unless the Mayor grants a longer period of time (Resolution 92-25)
Please State Your Name and City for the Record.
5. Consent Calendar
All items are approved by a single action. Any item may be removed from the Consent Calendar for separate discussion upon request from a member of the Public, Staff and/or Councilmember.
5.1. Motion to Waive Readings - All Readings of Ordinances and Resolutions, Except by Title are hereby waived.
5.2. Approve Minutes of Special Meeting/Closed Session - March 19, 2024 (6:00 PM)
5.3. Approve Minutes of Regular Meeting - March 19, 2024 (7:00 PM)
5.4. Approve the Classification Specification and Salary Range for Code Enforcement Supervisor.
5.5. Adopt of Resolution No. 2024-18 implementing a Surplus Personal Property Policy addressing the disposal of City-owned personal property that is no longer needed or usable by the holding department in possession of the property.
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6. Presentation
6.1. Finance - Discussion and Direction for Use of Remaining American Rescue Plan Act (ARPA) Funds. (Finance Director Riedeman)
7. Public Hearing
7.1. Planning Department - Approve Resolution No. 2024-19, approving the Delta Marketplace project, including General Plan Amendment/Rezone #24-01, Planned Development #22-03, and Tentative Parcel Map #22-02.
Staff Report: Community Development Director Stice
Mayor: Open/Close the Public Hearing
Council: Motion to Approve Resolution No. 2024-19, approving the Delta Marketplace project, including General Plan Amendment/Rezone #24-01, Planned Development #22-03, and Tentative Parcel Map #22-02.
7.2. (Motion to Continue the Public Hearing to a Future Date) Consideration of First Reading and Introduction of Ordinance No. ____, an Ordinance of the City Council of the City of Patterson Approving a Development Agreement for the Zacharias Development Project, in Connection with the Zacharias-Baldwin Master Plan Project.
Staff Report: Deputy City Attorney White
Mayor: Open/Close Public Hearing
Council (Motion to Continue the Public Hearing to a Future Date) Consideration of First Reading and Introduction of
Ordinance No. ____, an Ordinance of the City Council of the City of Patterson Approving a Development Agreement for the Zacharias Development Project, in Connection with the Zacharias-Baldwin Master Plan Project.
8. City Staff Reports
8.1. City Attorney - Adopt Resolution No. 2024-20, Approving Two Agreements Relating to the Ivy Rose Area of the Zacharias Master Plan: (1) A Water/Sewer Connection and Sound Wall Agreement with Property Owners in the Ivy Rose Area; and (2) An Agreement with Developers of the Zacharias Master Plan for the Construction of Public Improvements.
Staff Report: Deputy City Attorney White
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Council: Motion to Adopt Resolution No. 2024-20, Approving Two Agreements Relating to the Ivy Rose Area of the Zacharias Master Plan: (1) A Water/Sewer Connection and Sound Wall Agreement with Property Owners in the Ivy Rose Area; and (2) An Agreement with Developers of the Zacharias Master Plan for the Construction of Public Improvements.
9. City Council Reports
A. Councilmember Alves
. Stanislaus Homeless Alliance (Councilmember Roque alternate) . Stanislaus County Hazardous Waste Advisory Committee (Councilmember Farinha alternate)
B. Councilmember Romero
. Westside Health Care Task Force (Councilmember Alves alternate) C. Councilmember Farinha
. San Joaquin Valley Air Pollution Control District (Councilmember Romero alternate)
D. Mayor Pro Tem Roque
. (EDAC) Stanislaus County Economic Development Action Committee (Mayor Clauzel alternate)
. Workforce Development Board (Mayor Clauzel alternate) E. Mayor Clauzel
. Stanislaus County Mayor's Meeting
. StanCOG (Mayor Pro Tem Roque alternate)
. League of California Cities (Councilmember Farinha 1st alternate, Councilmember Alves 2nd alternate)
10. Other Matters
11. Adjournment
DECLARATION OF POSTING
I, Aracely Alegre, City Clerk of the City of Patterson, California do hereby declare that the foregoing notice was posted on the Bulletin Board at City Hall, 1 Plaza, Patterson, California on March 28, 2024.
The Agenda is also posted for public view on the Bulletin Boards of the Hammon Senior Center, 1033 W. Las Palmas, Patterson, the Patterson Branch Library, 46 N. Salado Avenue, Patterson, and the City of Patterson City Web Site www.ci.patterson.ca.us Dated this 28th day of March 2024/s/ Aracely Alegre, CMC City of Patterson Page 1 Updated 3/28/2024 1:17 PM
City Of Patterson
Special Meeting/Closed Session Minutes
March 19, 2024
City Manager
Ken Irwin
City Attorney
Nubia Goldstein
Deputy City Attorney
Douglas White www.ci.patterson.ca.us
Mayor
Michael Clauzel
City Council
Shivaugn Alves, District A
Jessica Romero, District B
Dominic Farinha, District C
Carlos Roque, District D
City Clerk
Aracely Alegre
1. Call to Order
Attendee Name Title Status Arrived
Michael Clauzel Mayor Present
Shivaugn Alves District A Present
Jessica Romero District B Absent
Dominic Farinha District C Present
Carlos Roque District D Absent
The special meeting of the City Council of the City of Patterson was called to order in the City of Patterson, Council Chambers at 6:00 p.m. by Mayor Clauzel.
City Staff Present:
1. City Manager Irwin
2. City Attorney Goldstein
The City Council will adjourn to Closed Session to address the following:
a. Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Government Code, § 54956.9(d)(2):
Two (2) cases
b. Conference with Legal Counsel - Existing Litigation (Gov. Code, § 54956.9(d)(1)) City of Patterson v. Western Hills Water District, et. al (Stanislaus County Superior Court Case No. CV-23-005834)
c. Conference with Legal Counsel - Existing Litigation (Gov. Code, § 54956.9(d)(1)) Central Valley - Sierra Associates (CVSA) v. City of Patterson, et. al (Stanislaus County Superior Court Case No. CV-23-005444)
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Minutes Acceptance: Minutes of Mar 19, 2024 6:00 PM (Consent Calendar) City of Patterson Page 2 Updated 3/28/2024 1:17 PM
2. Statements of Conflict
None.
3. Items from the Public
None.
4. Adjourn to Closed Session
At 6:04 p.m. there being no items from the public, the Patterson City Council adjourned to Closed Session.
5. Report from Closed Session (if any)
At 7:01 p.m. Mayor Clauzel announced the following:
Regarding Item No. 1.a. provided direction to staff
Regarding Item No. 1 b. provided direction to staff
Regarding Item No. 1.c. provided direction to staff
6. Adjournment
There being no further business, the special (Closed Session) meeting of the City Council of the City of Patterson of March 19, 2024 was adjourned at 7:01 p.m.
Approved by the Patterson City Council on April 2, 2024.
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Minutes Acceptance: Minutes of Mar 19, 2024 6:00 PM (Consent Calendar) City of Patterson Page 1 Updated 3/28/2024 1:38 PM
City Of Patterson
Regular Meeting Minutes
March 19, 2024
City Manager
Ken Irwin
City Attorney
Nubia Goldstein
Deputy City Attorney
Douglas White www.ci.patterson.ca.us
Mayor
Michael Clauzel
City Council
Shivaugn Alves, District A
Jessica Romero, District B
Dominic Farinha, District C
Carlos Roque, District D
City Clerk
Aracely Alegre
1. Call to Order
Attendee Name Title Status Arrived
Michael Clauzel Mayor Present
Shivaugn Alves District A Present
Jessica Romero District B Absent
Dominic Farinha District C Present
Carlos Roque District D Present
The regular (hybrid) meeting of the City Council of the City of Patterson of March 19, 2024 was called to order in the City of Patterson at 7:02 p.m. by Mayor Clauzel.
City Staff Present:
1. City Manager Irwin
2. City Attorney Goldstein
3. Director of Engineering & Capital Projects Ulloa
4. Fire Chief Frye
5. Police Chief Clayton
6. Public Works Director Willett (remote)
7. Recreation & Community Services Director Weaver (remote)
8. Human Resource Director Guillory-Jones (remote)
9. Recreation Supervisor Hayward (emote)
10. IT Manager Ford
11. Deputy City Clerk Mandujano
12. City Clerk Alegre
2. Pledge of Allegiance
3. Statements of Conflict
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Minutes Acceptance: Minutes of Mar 19, 2024 7:00 PM (Consent Calendar) City of Patterson Page 2 Updated 3/28/2024 1:38 PM
None.
4. Items from the Public
Frank Molina, Patterson Resident - addressed the City Council regarding potholes from the arco gas station off Sperry Avenue to the I-5 freeway.
Pat Maisetti, Patterson Resident - addressed the City Council regarding any updates on senior housing. Ms. Maisetti also thanked the City Council for the mowing from 1st Street to Poppy Avenue.
Justin Farkas Field Representative with the Office of Senator Alanis -addressed City Council to provide a legislative update.
Kandace Weyhrauch, and two members of the Love Patterson Committee - addressed the City Council in appreciation for being the event sponsor and for the projects they can accomplish with the funding. Ms. Weyrauch also mentioned the community can sign up to volunteer on their website as well as reminding the community to vote for Round two of the Fire Truck face off.
5. Proclamation
5.1. Proclamation - Women's History Month March 2024
Mayor Clauzel presented the Women’s History Month proclamation.
6. Consent Calendar
Patterson Resident Pat Maisetti pulled Item 6.5 and asked to clarify date.
City Manager Irwin addressed Ms. Maisetti’s concerns.
Councilmember Farinha motioned to approve Consent Calendar Items 6.1 through 6.5. The Motion was seconded by Councilmember Alves and unanimously approved by a 4-0 roll call vote.
RESULT: ADOPTED
MOVER: Farinha
SECONDER: Alves
AYES: Clauzel, Roque, Farinha, Alves
6.1. Motion to Waive Readings - All Readings of Ordinances and Resolutions, Except by Title are hereby waived.
6.2. Approve Minutes of Special Meeting/Closed Session - March 5, 2024 (6:00 PM)
6.3. Approve Minutes of Regular Meeting - March 5, 2024 (7:00 PM)
6.4. Approve Resolution Nos. 2024-16 and 2024-17 Declaring the City Council's Intention to Initiate Proceedings for the Annual Levy of Assessments and Ordering the Preparation of Engineer’s Reports for the Landscape Maintenance Districts (LMDs) and County Service Area (CSA) No. 15) for FY 2024/25.
6.5. Approve Street Closure for Sacred Heart Church, Live Stations of the Cross event on Friday, March 29, 2024, from 1:00 pm - 3:00 pm.
7. City Council Reports
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Minutes Acceptance: Minutes of Mar 19, 2024 7:00 PM (Consent Calendar) City of Patterson Page 3 Updated 3/28/2024 1:38 PM
A. Councilmember Alves
Councilmember Alves provided an update on the following:
- Stanislaus Homeless Alliance Proposition 1 funding.
- Health mobile unit for Stanislaus County.
. Stanislaus Homeless Alliance (Councilmember Roque alternate) . Stanislaus County Hazardous Waste Advisory Committee (Councilmember Farinha alternate)
B. Councilmember Romero
. Westside Health Care Task Force (Councilmember Alves alternate) C. Councilmember Farinha
Nothing to report.
. San Joaquin Valley Air Pollution Control District (Councilmember Romero alternate)
D. Mayor Pro Tem Roque
Mayor Pro Tem Roque provided the upcoming meeting date of March 27,2024. . (EDAC) Stanislaus County Economic Development Action Committee (Mayor Clauzel alternate)
. Workforce Development Board (Mayor Clauzel alternate) E. Mayor Clauzel
Mayor Clauzel provided an update on the following:
- Stanislaus County Mayors Meeting.
- Patterson Appointees to Hazardous Waste Committee.
- Patterson Hosting Mayors meeting in August of 2024.
- Legislative platform 2024-2025.
- Local Transportation Funds and State Transit Funds 2024-2025. . Stanislaus County Mayor's Meeting
. StanCOG (Mayor Pro Tem Roque alternate)
. League of California Cities (Councilmember Farinha 1st alternate, Councilmember Alves 2nd alternate)
8. Other Matters
Councilmember Alves invited the community to attend the HOST meeting on March 2024 at 6:30 p.m.
Mayor Clauzel gave a thank you to the Public Works team for everything they do to keep the city beautiful and gave the community an update on the Felipe Garza baseball field transformation.
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Minutes Acceptance: Minutes of Mar 19, 2024 7:00 PM (Consent Calendar) City of Patterson Page 4 Updated 3/28/2024 1:38 PM
Mayor Clauzel also recognized Fire Station 51 for beautifying the west part of the fire station, he also thanked Police Chief Clayton for all the extra patrolling being done throughout the city.
9. Adjournment
There being no further business, the regular meeting of the City Council of the City of Patterson of March 19, 2024 was adjourned at 7:41 p.m.
Approved by the Patterson City Council on April 2, 2024.
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Minutes Acceptance: Minutes of Mar 19, 2024 7:00 PM (Consent Calendar) City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Marie Guillory Jones, Director of Human Resources
MEETING DATE: April 2, 2024
ITEM NO: 5.4
SUBJECT: Approve the Classification Specification and Salary Range for Code Enforcement Supervisor.
RECOMMENDATION
Motion to Approve the classification specification and salary range for Code Enforcement Supervisor.
BACKGROUND
The classification specification for Code Enforcement Supervisor was previously presented to the City of Patterson City Council for approval. Council requested additional information, to include more details regarding the administrative role, number of staff supervised, education, and compensation, which is now being presented.
Administrative Role: The Code Enforcement Unit reports directly to the City Manager and is a part of the Administration Department. Code Enforcement is responsible for the investigation, compliance, and enforcement of property maintenance, zoning, ordinances, and abatement regulations. This includes land use, municipal and building codes, abandoned vehicles, and graffiti abatement. This supervisory position requires educating the public about code requirements, collaborating with the Sheriff’s Department on the security and enforcement of violations regarding abandoned vehicle abatement, homeless encampments, unpermitted cannabis cultivation investigation, and multi-agency inspections; coordinating with the Fire Department on structure fire postings; and assisting the City’s Building Official related to building code violation inspections and responding to questions. As a supervisory classification, the position also requires the leading, directing, training, and direct supervision of subordinate staff. This position also plays a
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participatory role on the California Association of Code Enforcement Officers Board of Directors, Regional Code Enforcement Group of the Tri-Valley Area, and the Stanislaus Council of Governments Abandon Vehicle Abatement Committee.
Supervision: This Unit has grown over the past couple of years and is expected to experience additional growth as the City’s population expands. The Unit initially consisted of only a Senior Code Enforcement Officer; however, it has now grown to also include a Code Enforcement Officer I, a Graffiti Abatement Technician, and a clerical support person contracted through a staffing agency. As a result, it is no longer practicable for this unit to report directly to the City Manager without a direct supervisor capable of managing the day-to-day functions.
Education, Experience, and Licenses/Certifications: The proposed Code Enforcement Supervisor classification specification has minimum qualifications which include a High School Diploma, five years of municipal or county enforcement of state and local laws, ordinances, and regulations, performing the full range of enforcement duties, including two years of lead or supervisory experience. It also includes possession of a California Association of Code Enforcement Officer (CACEO) level III certification.
Education: When compared to agencies with matched positions in our comparable market (the cities of Atwater, Ceres, Manteca, and Turlock) and cities we typically gain and lose employees to (Modesto and Stockton), there are varying levels of required education. Both Manteca and Stockton are aligned with the City of Patterson, requiring a high school diploma, but notes that college level coursework is desired. Ceres requires two years of college-level coursework but allows for a substitution of specialized training. Both Turlock and Modesto require an associate’s degree. Atwater has the highest educational requirement of a bachelor’s degree from an accredited college or university; however, that may be substituted with equivalent years of experience. It should be noted that while comparable to the City of Patterson, Atwater’s position is classified as a manager.
Experience: Requiring five years of experience, including two years of lead or supervisory experience, Patterson has among the highest requirements of the cities surveyed. Atwater and Manteca require at least five years of experience. The other four agencies only have a requirement of two to four years. Turlock only has a one-year requirement for lead or supervisory experience, while Ceres notes that supervisory responsibilities and enforcement of municipal codes is highly desirable.
Licenses/Certifications: Patterson’s license and certification requirements are either aligned with or higher than all agencies surveyed. Manteca does not require any licenses or certifications. Ceres and Turlock require the Post Penal Code (PC) 832 certification.
Atwater requires the CACEO certification at the intermediate level, whereas Modesto, Stockton, and Patterson require the CACEO at the advanced level III, or equivalent.
Compensation: The proposed salary range for the City of Patterson’s Code Enforcement
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Supervisor position is based on both market comparability and internal equity. The market median for the matched positions is a maximum monthly salary of $7,649 and the recommended salary for the Code Enforcement Supervisor falls slightly below that at $7,552. In addition, classifications in a series must be appropriately set internally to avoid compaction. This position is set at 13% above the Senior Code Enforcement Officer position and is aligned with the salary range of other supervisory classifications within our agency.
ANALYSIS
As the City of Patterson continues to grow and develop, so does the need to ensure regulatory compliance throughout the City. The Code Enforcement Unit requires a dedicated supervisor to provide day-to-day administration and supervision to Code Enforcement and Graffiti Abatement staff, including training, managing the work, performance, and schedules. With the projected residential and business development, this position will allow the Code Enforcement Unit to operate more efficiently, allow for proper planning, coordination, and execution of the work, provide increased service levels to Patterson’s residents, and alleviate the immediate management by the City Manager.
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FISCAL IMPACT
Proposed Salary Range(s):
Any potential FY 2023-2024 fiscal impact for the Code Enforcement Supervisor for April through June is projected to be less than $5,000.
The annual fiscal impact will be included in the FY2024-25 budget development process and brought before the Council at a later date.
Attachments:
Classification Specification: Code Enforcement Supervisor Salary Schedule: Patterson Management Mid-Management Association (PMMEA)
Classification Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Code Enforcement Supervisor $6,213.10 $6,523.76 $6,849.94 $7,192.44 $7,552.06 $3,106.55 $3,261.88 $3,424.97 $3,596.22 $3,776.03 Monthly Salary Semi-Monthly Salary
5.4.a
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Attachment: FISCAL IMPACT (JD Code Enforcement Supervisor, Salary Range)
JOBDESCRIPTION
City of Patterson
Human Resources
CODE ENFORCEMENT SUPERVISOR
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.
Under minimal direction of the City Manager or his designee, plans, coordinates, supervises, and administers the daily operations of Code Enforcement and Graffiti Abatement staff; participates in, ensures compliance with, and enforcement of State and local laws, ordinances, and regulations pertaining to abatement, blight control, substandard or unlawful housing, zoning, abandoned vehicle or other municipal code violations; provides technical expertise on the more difficult cases; confers with involved parties to facilitate satisfactory solutions to compliance disputes; performs related duties as assigned.
This classification is the full supervisory level in the code enforcement series, with responsibility for dayto-day supervision of Code Enforcement staff, including training, performance evaluation, and discipline.
Office responsibilities include case management of enforcement files and compliance strategies. Field responsibilities include significant interaction with community residents to resolve disputes related to code violations, as well as auditing and evaluating enforcement work. The incumbent also functions as a liaison to Police, Fire, and other City departments, providing technical expertise and/or guidance on difficult and/or non-routine cases. This class is distinguished from Senior Code Enforcement Officer in that the latter has general management oversight of the City's Code Enforcement unit and handles the most acute and complex cases requiring immediate legal and/or abatement action.
Receives minimal direction from the City Manager or his designee.
Provides full supervision to Code Enforcement Officers, Graffiti Abatement, and administrative staff.
Typical essential duties may include, butarenotlimited to,the following:
Prioritizes, assigns, administers, monitors, and directs the activities of assigned Code Enforcement and Graffiti Abatement staff.
Assists in establishing objectives, policies, and procedures for the work unit and related programs.
JOB SUMMARY
SUPERVISION RECEIVED AND EXERCISED
ESSENTIAL DUTIES
5.4.b
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Attachment: JD Code Enforcement Supervisor (JD Code Enforcement Supervisor, Salary Range) Researches ownership and lien holders of subject properties.
Participates in the selection of staff and provides for their development and training; conducts performance evaluations and initiates counseling and/or disciplinary action as needed.
Provides assistance with documentation required for violation notices, administrative citations, legal actions, and follow-up procedures.
Trains and guides the Code Enforcement Officers in preparation for and participation in administrative hearings.
Utilizes diplomacy and tact to work effectively with owners, tenants, and other involved parties to explain procedures and resolve disputes related to code violations and community livability.
May serve as a representative of the City before neighborhood groups and in other public forums.
Works with other City departments and outside agencies to coordinate and facilitate the disposition of complaints, code violations, fines, and property liens related to enforcement activities.
Prepares specifications for contract abatement services; coordinates the work of contractors performing abatement and enforcement activities.
Monitors legislation and other developments related to municipal code enforcement work.
Utilizes computer software, including code enforcement modules, to enter and retrieve data, and a variety of periodic and specialized reports related to code enforcement inspections and activities.
May work on a variety of projects and programs that improve safety, code violation detection and compliance, surveying dilapidated/dangerous buildings, etc.
Performs related duties as required and/or assigned.
Knowledge of: Principles and practices of employee supervision, including selection, training, work organization, evaluation, and discipline; Principles and practices of effective customer service and techniques for successful conflict resolution; Communication, negotiation, and behavioral techniques that foster collaboration and effectively achieve code compliance and related program results; Public speaking and presentation skills, office procedures, methods and equipment including computers, and applicable software applications such as Microsoft Word, spreadsheets, databases, and other specialized applications related to area of assignment; English usage, spelling, grammar and punctuation. Safety management principles and practices pertaining to the work; Principles, practices, techniques, and methods utilized in code enforcement inspections; Applicable State and local laws, codes, regulations, policies, procedures, and ordinances pertaining to but not limited to municipal code enforcement, including zoning, building construction, building occupancy, use of hazardous materials, and fire safety, zoning concepts and terminology, including legal descriptions. Regulations and requirements for court and hearing evidence documentation.
.
Ability to: Investigate a variety of code-related complaints in a timely and tactful manner; Probe and analyze situations accurately and enforce legal requirements; Coordinate multiple projects and meet critical deadlines; Interpret and explain codes, laws, ordinances, and other regulations in a manner that can be easily understood by diverse groups; Communicate clearly, concisely, tactfully and effectively in hostile or adversarial
KNOWLEDGE, SKILLS, AND ABILITIES
5.4.b
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Attachment: JD Code Enforcement Supervisor (JD Code Enforcement Supervisor, Salary Range) situations to achieve satisfactory solutions to conflicts and problems; Develop and maintain cooperative, effective working relationships with coworkers; representatives of community organizations, State/Local agencies and associations; Supervisors, internal management and staff; and the public; Effectively represent the City in public meetings or legal proceedings; Utilize computer software to prepare and maintain accurate and professional records, reports, newsletters, and documentation; and promoting and maintaining a cooperative teamwork environment.
Must be 18 years of age or older.
Must successfully pass a pre-employment medical examination, including a drug screen, fingerprint, background check and reference check.
Must be able to provide proof of U.S. citizenship or legal right to work in the United States.
Must be available to occasionally work evenings and weekend hours and/or respond to emergencies.
Any combination of education, training and experience that would likely provide the required knowledge, skills, and abilities: Normally this would include:
Education: Must have a High School Diploma or GED equivalent. College level coursework from an accredited college or university in law enforcement, business or public administration, or a closely related field is with an Associate’s Degree, is desirable.
Experience: Five (5) years of experience in municipal or county code enforcement as a Code Enforcement Officer performing the full range of code enforcement duties including, but not limited to, housing, zoning, vehicle abatement and solid waste. Two (2) years lead or supervisory experience equivalent to the City of Patterson’s Senior Code Enforcement Officer.
License or Certificate: Possession of a valid California Class C California driver’s license. Maintenance of a valid California driver’s license is a requirement of ongoing employment.
Possession of a CACEO III certification is required.
Must possess or obtain a valid Post Penal Code (PC) 832: Arrest, Search & Seizure certification or equivalent within 12 months of appointment to the class.
Possession of International Code Council (ICC) Property Maintenance Certification is highly desirable.
Possession of a Housing Inspector or Residential Building Inspector Certification is highly desirable.
Other Requirements:
Must be available to work occasional evenings and weekends, and/or respond to emergencies as needed.
NECSSARY SPECIAL REQUIREMENTS
EXPERIENCE and CERTIFICATIONS
MENTAL AND PHYSICAL REQUIREMENTS
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Attachment: JD Code Enforcement Supervisor (JD Code Enforcement Supervisor, Salary Range) Mental Requirements: The mental demands described here are representative of those that must be met to successfully perform the essential functions of this job: While performing the duties of thisjob, the employee is regularly required to exercise independent judgment and initiative without close supervision; work effectively and efficiently under stressful situations; use tact and diplomacy to establish and maintain effective working relations with the public, frequently under adverse conditions.
Physical Requirements: Primary functions require sufficient physical ability and mobility to work in an office setting and in a field environment; to stand or sit for prolonged periods of time; to occasionally stoop, bend, kneel, crouch, reach, and twist; walk on uneven terrain, loose soil, and sloped surfaces; to lift, carry, push, and/or pull light to moderate amounts of weight; to operate office equipment requiring repetitive hand movement and fine coordination including use of a computer keyboard; to travel to other locations; to operate equipment and vehicles; to see in the normal visual range with or without correction; to hear in the normal audio range with or without correction; and to verbally communicate to exchange information.
Environmental Conditions: Work is performed primarily outdoors with travel to various locations within the City of Patterson. Often works in and around building and construction sites; exposure to inclement weather conditions, noise, and dust. When not in the field, work is performed in a standard office environment.
FLSA Status: Exempt
Developed: January 2024
Approved by Council: XXXX 2024
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Attachment: JD Code Enforcement Supervisor (JD Code Enforcement Supervisor, Salary Range) Classification Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Accountant $6,368.43 $6,686.85 $7,021.19 $7,372.25 $7,740.86 $3,184.22 $3,343.43 $3,510.60 $3,686.13 $3,870.43 Accounting Manager $8,152.13 $8,559.73 $8,987.72 $9,437.10 $9,908.96 $4,076.06 $4,279.87 $4,493.86 $4,718.55 $4,954.48 Assistant Engineer $7,759.31 $8,147.28 $8,554.64 $8,982.37 $9,431.49 $3,879.66 $4,073.64 $4,277.32 $4,491.19 $4,715.75 Associate Engineer $8,564.83 $8,993.07 $9,442.72 $9,914.86 $10,410.60 $4,282.42 $4,496.54 $4,721.36 $4,957.43 $5,205.30 Associate Planner $6,527.64 $6,854.02 $7,196.72 $7,556.56 $7,934.39 $3,263.82 $3,427.01 $3,598.36 $3,778.28 $3,967.20 Capital Projects Manager $9,932.57 $10,429.20 $10,950.66 $11,498.20 $12,073.11 $4,966.29 $5,214.60 $5,475.33 $5,749.10 $6,036.56 Chief Plant Operator $7,029.55 $7,381.03 $7,750.08 $8,137.59 $8,544.46 $3,514.78 $3,690.52 $3,875.04 $4,068.80 $4,272.23 City Planner $9,690.32 $10,174.83 $10,683.57 $11,217.75 $11,778.64 $4,845.16 $5,087.42 $5,341.79 $5,608.88 $5,889.32 Code Enforcement Supervisor $6,213.10 $6,523.76 $6,849.94 $7,192.44 $7,552.06 $3,106.55 $3,261.88 $3,424.97 $3,596.22 $3,776.03 Electrical/Instrumentation Manager $8,564.83 $8,993.07 $9,442.72 $9,914.86 $10,410.60 $4,282.42 $4,496.54 $4,721.36 $4,957.43 $5,205.30 Fire Administrative Manager $7,029.55 $7,381.03 $7,750.08 $8,137.59 $8,544.46 $3,514.78 $3,690.52 $3,875.04 $4,068.80 $4,272.23 Fire Marshal $7,205.29 $7,565.56 $7,943.83 $8,341.03 $8,758.08 $3,602.65 $3,782.78 $3,971.92 $4,170.52 $4,379.04 Management Analyst $7,029.55 $7,381.03 $7,750.08 $8,137.59 $8,544.46 $3,514.78 $3,690.52 $3,875.04 $4,068.80 $4,272.23 Operations Supervisor - Parks and Buildings $6,213.10 $6,523.76 $6,849.94 $7,192.44 $7,552.06 $3,106.55 $3,261.88 $3,424.97 $3,596.22 $3,776.03 Operations Supervisor - Urban Forestry $6,213.10 $6,523.76 $6,849.94 $7,192.44 $7,552.06 $3,106.55 $3,261.88 $3,424.97 $3,596.22 $3,776.03 Recreation Facilities Superintendent $7,759.31 $8,147.28 $8,554.64 $8,982.37 $9,431.49 $3,879.66 $4,073.64 $4,277.32 $4,491.19 $4,715.75 Recreation Services Manager $7,570.06 $7,948.56 $8,345.99 $8,763.29 $9,201.45 $3,785.03 $3,974.28 $4,173.00 $4,381.65 $4,600.73 Recreation Supervisor - Programs $6,061.56 $6,364.64 $6,682.87 $7,017.01 $7,367.87 $3,030.78 $3,182.32 $3,341.44 $3,508.51 $3,683.94 Revenue & Utility Billing Manager $7,570.06 $7,948.56 $8,345.99 $8,763.29 $9,201.45 $3,785.03 $3,974.28 $4,173.00 $4,381.65 $4,600.73 Senior Civil Engineer $9,453.97 $9,926.66 $10,423.00 $10,944.15 $11,491.36 $4,726.99 $4,963.33 $5,211.50 $5,472.08 $5,745.68 Supervising Accountant $7,385.42 $7,754.69 $8,142.43 $8,549.55 $8,977.03 $3,692.71 $3,877.35 $4,071.22 $4,274.78 $4,488.52 Utilities Supervisor - Streets and Collection $6,213.10 $6,523.76 $6,849.94 $7,192.44 $7,552.06 $3,106.55 $3,261.88 $3,424.97 $3,596.22 $3,776.03 Utilities Supervisor - Water $6,213.10 $6,523.76 $6,849.94 $7,192.44 $7,552.06 $3,106.55 $3,261.88 $3,424.97 $3,596.22 $3,776.03 Wastewater Manager $8,564.83 $8,993.07 $9,442.72 $9,914.86 $10,410.60 $4,282.42 $4,496.54 $4,721.36 $4,957.43 $5,205.30 Water Resources Program Manager $8,564.83 $8,993.07 $9,442.72 $9,914.86 $10,410.60 $4,282.42 $4,496.54 $4,721.36 $4,957.43 $5,205.30 Approved by Council on: 09/05/2023
Revision Approved on: XX/XX/2024
Monthly Salary Semi-Monthly Salary
City of Patterson
Patterson Management and Mid-Management Employees Association (PMMEA) Salary Schedule
EFFECTIVE JULY 01, 2023
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Attachment: PMMEA Salary Schedule Effective 07.01.2023 REVISED_Approved 04.02.2024 (JD Code City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Jennifer Riedeman, Finance Director
MEETING DATE: April 2, 2024
ITEM NO: 5.5
SUBJECT: Adopt Resolution No. 2024-18 implementing a Surplus Personal Property Policy addressing the disposal of City-owned personal property that is no longer needed or usable by the holding department in possession of the property.
RECOMMENDATION
Motion to Adopt Resolution No. 2024-18 implementing a Surplus Personal Property Policy addressing the disposal of City-owned personal property that is no longer needed or usable by the holding department in possession of the property.
BACKGROUND
The City of Patterson (“City”) does not currently have a policy in place addressing donations or other disposal of City-owned personal property. This policy will be limited to the disposal of personal property (ex: equipment, tangible items, furniture, etc.). The disposal of real property owned by the City is governed by the Surplus Lands Act.
ANALYSIS
Sections 37350 and 37351 of the Government Code permit cities to dispose of City-owned personal property for the city’s benefit. Cities have discretion to adopt policies and procedures for the disposal of City-owned personal property, within the parameters of the California Constitution’s prohibition on gifting public funds or things of value. A Surplus Personal Property Policy provides guidance for the disposal of City-owned personal property and ensures that surplus personal property is disposed of in a manner that provides maximum benefit to the City.
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FISCAL IMPACT
The only anticipated cost to the City is staff time to facilitate the personal property disposal process outlined in the Surplus Personal Property Policy. The personal property disposal process is financially advantageous for the City because it maximizes revenue from otherwise idle personal property.
POLICY ALTERNATIVES:
The City Council’s options are:
1. Adopt the Resolution without any changes;
2. Adopt the Resolution with changes and revisions; or
3. Reject the Resolution entirely.
ATTACHMENTS:
Resolution No. 2024-18
Surplus Personal Property Policy (Exhibit A to Resolution)
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{CW135885.2}
RESOLUTION NO. 2024-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON
IMPLEMENTING A SURPLUS PERSONAL PROPERTY POLICY
WHEREAS, the City of Patterson (“City”) does not currently have a policy in place addressing donations or other disposal of City-owned personal property that is not needed or usable by the City; and
WHEREAS, Sections 37350 and 37351 of the Government Code permit cities to dispose of city-owned personal property for the city’s benefit; and WHEREAS, cities have discretion to adopt policies and procedures for the disposal of cityowned personal property, within the parameters of the California Constitution’s prohibition on gifting public funds or things of value; and
WHEREAS, the Surplus Personal Property Policy, attached and incorporated hereto as Exhibit A, provides guidance for the disposal of City-owned personal property and ensures that surplus personal property is disposed of in a manner that provides maximum benefit to the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Patterson that it hereby implements the Surplus Personal Property Policy.
The foregoing resolution was passed by the City Council at a regular meeting held on April 2, 2024, 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:
______________________________
Michael Clauzel
Mayor of the City of Patterson
ATTEST:
__________________________________
Aracely Alegre
City Clerk of the City of Patterson
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Attachment: Resolution No. 2024-18 (Surplus Personal Property Policy) {CW135885.2}
I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 2
nd day of April 2024, and I further certify that said
resolution is in full force and effect and has never been rescinded or modified.
DATED:
______________________________________
City Clerk of the City of Patterson
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Attachment: Resolution No. 2024-18 (Surplus Personal Property Policy) {CW135833.1}
CITY OF PATTERSON
SURPLUS PROPERTY POLICY
General information
A surplus property policy ensures that the City of Patterson disposes of City-owned personal property that is no longer needed or usable by the holding department. It is financially advantageous to the City to dispose of surplus personal property in a manner that expeditiously maximizes revenue and converts idle equipment and materials to revenue, thereby recovering funds for other uses.
Disposal of surplus personal property
All surplus property is disposed of “as is” and “where is,” with no warranty, guarantee, or representation of any kind, expressed or implied, as to the condition, utility or usability of the property offered unless expressly authorized by the City Council.
Transfer or disposition of surplus personal property with an estimated market value exceeding Ten Thousand Dollars ($10,000.00) per item shall be approved by the City Council. The City Manager may direct the transfer and disposition of surplus property with an estimated market value up to Ten Thousand Dollars ($10,000.00) per item.
Surplus personal property shall be disposed of through one of the following methods:
1. Transfer to Another Department. All surplus property will first be considered for transfer between departments for the benefit of the City.
2. Trade-In. Property declared as surplus may be offered as a trade-in for credit toward the acquisition of new property.
3. Return to Manufacturer. Surplus property may, when possible, be returned to the manufacturer for buy-back credit.
4. Disposal. The City may offer surplus property for sale by one of the following methods:
a. Auction. Surplus property may be sold at public auction. Auctions may be conducted by City staff, or the City may contract with a professional auctioneer or electronic auction site.
b. Sealed Bids. Sealed bids may be solicited for the sale of surplus property. Surplus property disposed of in this manner shall be sold to the highest responsible bidder. c. Selling for Scrap. Surplus property may be sold as scrap if the City deems that the value of its parts exceeds the value of the surplus property as a whole. d. Sale to Another Public Agency. Surplus property may be sold to any other public agency, provided that the price is determined by the City Manager to be fair and reasonable.
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Attachment: Surplus Personal Property Policy (Surplus Personal Property Policy) {CW135833.1}
5. No Value Item. Where the City determines that property is surplus and of minimal value to the City due to spoilage, obsolescence, the item is deemed to be broken and unrepairable, or other cause or where the City determines that the cost of disposal of such property would exceed the recovery value, the City shall dispose of the same in such a manner as they deem appropriate and in the best interest of the City.
6. Donation. Surplus property may be donated to any other public agency or charitable organization exempt under Section 501(c)(3) of the Internal Revenue Code.
Surplus Property and Employees.
Elected officials, department heads, and staff responsible for City-owned personal property shall continually monitor the use of personal property to ensure that, when no longer needed, personal property is listed and sent to the City Manager for approval to dispose. The City Manager is authorized to declare personal property to be surplus.
City employees shall not be the purchasers of any surplus personal property of the City unless the property is disposed of by public auction, sealed bids, or other competitive sale. This disqualification shall extend to the family members of such employees and any third persons acting at the direction or request of a disqualified employee where the purchase or sale is intended for the benefit of such employee. The City shall make diligent efforts to dispose of surplus personal property by the methods above. If the City is unable to dispose of surplus personal property despite these efforts and the property is either of no value to the City or the cost of disposal of such property would exceed the recovery value, then a City employee may take possession of the surplus personal property at the direction of the City Manager.
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Attachment: Surplus Personal Property Policy (Surplus Personal Property Policy) City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Jennifer Riedeman, Finance Director
MEETING DATE: April 2, 2024
ITEM NO: 6.1
SUBJECT: Discussion and Direction for Use of Remaining American Rescue Plan Act (ARPA) Funds.
RECOMMENDATION
Staff seeks direction from Council on the use of the remaining ARPA funds totaling $1,807,106 in Fund 103 - American Rescue Relief Fund, including interest earnings not previously allocated.
BACKGROUND
The Coronavirus State and Local Fiscal Recovery Funds (SLFRF), established by the American Rescue Plan, delivers $350 billion to state, local, territorial, and Tribal governments across the country to support their response to and recovery from the COVID-19 public health emergency.
On May 10, 2021, the U.S. Department of Treasury issued an interim final rule implementing the SLFRF program. On January 6, 2022, the Treasury subsequently issued a final rule that responded to public comments. On April 1, 2022, the final rule became effective. On December 29, 2022, the Consolidated Appropriations Act, 2023 was enacted, amending the SLFRF program to provide additional flexibility for recipients to use SLFRF funds to respond to natural disasters, build critical infrastructure, and support community development. The existing eligible uses, as discussed in the 2022 final rule, remain unchanged. Recipients may continue to use SLFRF funds in alignment with the 2022 final rule.
The Interim Final Rule (IFR) was submitted for publication in August 2023 and will become effective when published. Recipients may use SLFRF funds for the new eligible uses for costs
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incurred beginning December 29, 2022. Consistent with the existing eligible uses, recipients must obligate SLFRF funds for the new eligible uses by December 31, 2024. Recipients must expend SLFRF funds obligated to provide emergency relief from natural disasters by December 31, 2026. Recipients must expend SLFRF funds obligated for Surface Transportation projects and Title I projects by September 30, 2026.
ANALYSIS
State, territorial, local, and Tribal governments (together, recipients) must comply with the final rule beginning on April 1, 2022, when the final rule takes effect. Prior to April 1, 2022, recipients may take actions and use funds in a manner consistent with the final rule, and Treasury will not take action to enforce the interim final rule if a use of funds is consistent with the terms of the final rule, regardless of when the SLFRF funds were used. This means that Treasury will not take action to enforce uses of the interim final rule to the extent that the recipient wishes to change its planned uses of SLFRF funds in a manner consistent with the final rule.
This includes, but is not limited to, the following uses of SLFRF funds:
(1) Responding to the public health and negative economic impacts of the pandemic (which includes several subcategories)
(2) Providing premium pay to essential workers
(3) Providing government services to the extent of revenue loss due to the pandemic, and (4) Making necessary investments in water, sewer, and broadband infrastructure.
The City of Patterson was allocated $5,388,220 in ARPA funds and has already spent or allocated the funds as follows:
• COVID-19 Expenditures $637,698
• Employee Premium Pay 386,500
• Public Safety PPE 100,000
• Economic Recovery Programs 600,000
• Aid to Nonprofit Organizations 390,000
• Homeless Shelter Programs 236,000
• IT Equipment - Council Chamber Upgrades 381,000
• South Park Improvements 304,234
• Centennial Park 285,172
• Garza Park Ball Field Maintenance 90,000
• Cybersecurity Services 105,000
• General Contract Services 143,000
• Recreation Program Modification 20,215
Total Previously Allocated $ 3,678,819
Staff is requesting Council provide direction in bringing forth a recommendation for allocating the remaining $1,709,401 for an eligible use. In addition, allocations will need to be made in the amount of $97,705 for the estimated interest income for this fiscal year. The total amount to be allocated is $1,807,106.
Some recommendations for consideration are as follows based on previous requests:
Centennial Park Improvements $800,000.00
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Downtown String lights (Design) 43,385.00
Downtown String lights (Construction) 350,000.00
Mural Project 10,000.00
Façade Improvements ($10,000-$20,000 /Applicant) 100,000.00 Garza Park - Improvements 500,000.00
Total additional requests pending approval $1,803,385.00
FISCAL IMPACT
There is no fiscal impact as the funds are already budgeted in Fund 103.
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American Rescue Plan Act (ARPA)
Prepared by Jennifer Riedeman
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Attachment: City of Patterson - ARPA Allocations [Revision 1] (ARPA Funds) ARPA Background
The Coronavirus State and Local Fiscal Recovery Funds (SLFRF), established by the American Rescue Plan, delivers $350 billion to state, local, territorial, and Tribal governments across the country to support their response to and recovery from the COVID-19 public health emergency.
This includes, but is not limited to, the following uses of SLFRF funds:
(1) Responding to the public health and negative economic impacts of the pandemic
(2) Providing premium pay to essential workers
(3) Providing government services to the extent of revenue loss due to the pandemic
(4) Making necessary investments in water, sewer, and broadband infrastructure.
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Attachment: City of Patterson - ARPA Allocations [Revision 1] (ARPA Funds) The City of Patterson was allocated $5,388,220 in ARPA funds and has already spent or allocated some funds as follows:
COVID-19 Expenditures $637,698
Employee Premium Pay 386,500
Public Safety PPE 100,000
Economic Recovery Programs 600,000
Aid to Nonprofit Organizations 390,000
Homeless Shelter Programs 236,000
IT Equipment – Council Chamber Upgrades 381,000
South Park Improvements 304,234
Centennial Park 285,172
Garza Park 90,000
Cybersecurity Services 105,000
General Contract Services 143,000
Recreation Program Modification 20,215
Total Previously Allocated $ 3,678,819
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Attachment: City of Patterson - ARPA Allocations [Revision 1] (ARPA Funds) Recommended Projects for Council Consideration
Centennial Park Improvements $800,000.00
Downtown String lights (Design) 43,385.00
Downtown String lights (Construction) 350,000.00
Mural Project 10,000.00
Façade Improvements ($10,000-$20,000 /Applicant) 100,000.00 Garza Park - Ball Field Maintenance 500,000.00
Total additional requests pending approval $1,803,385.00
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Attachment: City of Patterson - ARPA Allocations [Revision 1] (ARPA Funds) Recommendation
u Staff seeks direction from Council on the use of the remaining ARPA funds totaling $1,807,107 in Fund 103 - American Rescue Relief Fund, including $97,705 in interest earnings not previously allocated.
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Attachment: City of Patterson - ARPA Allocations [Revision 1] (ARPA Funds) City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Bryan Stice, Community Development Director
MEETING DATE: April 2, 2024
ITEM NO: 7.1
SUBJECT: Approve Resolution No. 2024-19, approving the Delta Marketplace project, including General Plan Amendment/Rezone #24-01, Planned Development #22-03, and Tentative Parcel Map #22-02.
RECOMMENDATION
Motion to Approve Resolution No. 2024-19, approving the Delta Marketplace project, including General Plan Amendment/Rezone #24-01, Planned Development #22-03, and Tentative Parcel Map #22-02.
PROJECT SITE
The project site is a vacant, roughly triangular-shaped lot of approximately 18.42 acres, located south of Sperry Avenue and north and west of the Delta Mendota Canal, east of, the not yet complete, Haggerty Drive, about ½ mile west of Baldwin Road. A large embankment runs along the property’s interface with the Delta Mendota Canal. Beyond the embankment, the property slopes down gradually from the southwest to northeast. An access easement run along the eastern edge of the property from the Calvinson Parkway/Haggerty Drive intersection to the southern tip of the property. This easement provides access to properties south of the project site, across the Delta Mendota Canal
The area to the east is predominantly zoned for General Commercial use, with residences approved for the southern-most 600-feet of interface, with an under-construction masonry wall separating the two areas. To the north, across Sperry Avenue, are the existing corn maze and the non-operational airport. Those sites, in combination are approved for a distribution center. The areas to the south and west, across the Delta Mendota Canal, are zoned for commercial development.
GENERAL PLAN AMENDMENT / REZONE
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Currently, the project site is designated as Light Industrial (LI), with a West Patterson Industrial Business Park (IBP) zoning designation. These designations were established at the time the West Patterson Business Park Master Development Plan was approved in 2003 and continued since the time the project area was annexed into the city. Subsequent project approvals in the area have left the project site as the last site, in the master plan area, on the south side of Sperry Avenue, with the potential for light industrial development. Due to those changes and potential conflicts that might occur between future commercial and residential development approved surrounding the project, staff supports the change to a General Commercial (GC) General Plan and Zoning designation, consistent with the zoning east and west of the project site.
The LI general plan and IBP zoning designations are applied to areas intended for light industrial and business park development, such as low-intensity manufacturing and assembly processes, research and development uses, and offices. The GC General Plan and zoning designations are applied to areas intended for commercial businesses, such as stores, shops and offices to supply commodities and services to residents.
The change would continue to be consistent with the Master Development Plans goals, including the following:
- To promote the establishment, maintenance, and expansion of businesses in Patterson that generate high retail sales taxes as important contributors to the local economy; - To promote and assist with the maintenance and expansion of Patterson’s commercial sector to meet the needs to Patterson residents, employees, and visitors; and - To encourage efforts to attract major commercial and office tenants to Patterson.
PLANNED DEVELOPMENT
A Planned Development application is required for commercial development projects with over 15,000 square feet of building space and/or a minimum of 1.5 acres. The Planned Development requirement provides a framework for future development of the site to limit situations where the development of a single parcel could hinder development of other parcels in the area.
The project site consists of one parcel (APN 021-098-001). Historically, the site was utilized as irrigated agricultural land. The project site is located within the West Patterson Business Park Master Development Plan, and subject to mitigation strategies adopted within the West Patterson Projects EIR.
Site Plan, Access, and Circulation
Site design includes a range of retail/restaurant type uses. Office uses would be located near the southern end of the project, so as to limit potentially loud/busy land uses near residences. While the site plan includes labels for land uses, all uses should be considered as prospective. Any new building/land use would be subject to additional review prior to approval. A condition has been included prohibiting vehicular serving uses, such as gas stations, carwashes, and vehicle maintenance facilities, on lots fronting Sperry Avenue. As the gateway to the city, staff propose to limit this frontage area to land uses that are more attractive from the street.
Consistent with the Community Design Guidelines, buildings are generally located around the perimeter of the site with parking located within the interior of the shopping center. The site plan shows 13 buildings (the “grocery market” and “pet supply” buildings would be zero lot line
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structures, so they would appear as a single building, but would be built as standalone structures.) Buildings would range in size from 3,500 sq. ft. to 20,000 sq. ft. Buildings could include multiple tenants, but actual building design would be determined at a later time, subject to review and approval.
Four points of access, two at the intersection of Haggerty Drive and Calvinson Parkway (off of the roundabout), one further north on Haggerty Drive, and one right-in, right-out only driveway on Sperry Avenue. Sperry Avenue would also include an additional acceleration/deceleration lane to accommodate vehicles merging into, without hindering through traffic.
Key drives in the site include a north/south drive aisle from Sperry Avenue to a “central” roundabout, an east/west drive aisle from Haggerty Drive to the roundabout, and a drive aisle extending from the roundabout to the southern Haggerty Drive driveway entrance. The roundabout is intended to provide a welcoming entry point for the project.
The site plan provides several pedestrian pathways which would ensure good pedestrian circulation within the site. Bicycle infrastructure will also be required as a condition of approval.
Architecture
Building elevations included with the application materials are provided for preliminary planning purposes. The architectural concept for the retail center is clean and contemporary. The building massing and materials would blend well with the surrounding uses. The building forms are horizontally and vertically articulated with variation in color and materials, which include a mixture of plaster, wood composite,wainscotting, metal canopies, decorative lighting, and aluminum store fronts. Again, architecture for any new building would be subject to additional review and approval.
Community Design Guidelines Consistency Analysis
Projects with an aggregate area of 30,000 square feet or more are subject to “major development project” review under the Patterson Municipal Code. Major development projects are required to be “fully consistent with the Community Design Guidelines.” Such projects, once constructed, are also required “to be maintained and kept in appearance as if in full operation, notwithstanding any cessation of business, abandonment or change in operation or ownership.” (PMC 18.42.150)
This project meets the criteria of a major development project and therefore is subject to the associated requirements. As future projects are brought forward, site plans and architecture will be required to be consistent with the Community Design Guidelines, and internally consistent as a shopping center development.
Parking
Using general requirements for retail and offices uses, the project would trigger the need for 388 parking spaces. The proposed site plan includes 432 parking spaces, well in excess of the required minimum. Since, parking requirements may vary depending on the use, a condition of approval has been included requiring that subsequent projects within the master plan area provide adequate parking as required.
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Landscaping
A condition of approval has been included requiring proposed landscape plans for the entire site prior to approval of the first building permit, consistent with Municipal Code requirements, with special attention paid to landscaping at project entrances and at the corner of Sperry Avenue and Haggerty Drive. Street trees will be required along the project perimeter adjacent to the sidewalks within the public right of way. The municipal code also requires shade trees within the parking lot.
TENTATIVE PARCEL MAP
The applicant proposes the parcel be divided into 13 parcels, ranging in size from 0.62 to 1.97 acres. The parcel map would provide the applicant with a mechanism to build and finance the retail center in phases. Proposed lot sizes and configurations are consistent with the minimum standards outlined for the General Commercial Zone.
ENVIRONMENTAL REVIEW
In 2003, the City Council certified the Environmental Impact Report (EIR) for the West Patterson Projects (State Clearinghouse Nos. 2001022031 and 2001032037), which included review of the project site. City staff worked with the City’s traffic engineer to prepare a traffic analysis (attached AMG Technical Memorandum – Dec. 7, 2023) comparing the project’s traffic impacts compared with the impacts outlined in the EIR. City staff also reviewed the project in other areas for consistency with the EIR. Staff has determined that the project, as proposed, would not generate any new or increased impacts, beyond those addressed in the EIR. The project would be subject to the mitigation measures outlined in the EIR.
PLANNING COMMISSION RECOMMENDATION
On March 14, 2024, the Planning Commission considered the proposed project and recommended approval to the City Council with a 4-0 vote.
FISCAL IMPACT
N/A
ATTACHMENTS
City Council Resolution No. 2024-20
Conditions of Approval
Vicinity Map
Existing General Plan Designation Exhibit
Proposed General Plan Designation Exhibit
Existing Zoning Designation Exhibit
Proposed Zoning Designation Exhibit
Proposed Master Plan
Tentative Parcel Map
Conceptual Architectural Rendering 1
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Conceptual Architectural Rendering 2
West Patterson Projects EIR Mitigation Monitoring and Reporting Program AMG Technical Memorandum – Dec. 7, 2023
Planning Commission Resolution No. 2024-01
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RESOLUTION NO. 2024-19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PATTERSON APPROVING A GENERAL PLAN
AMENDMENT/REZONE, A PLANNED DEVELOPMENT AND A TENTATIVE PARCEL MAP, FOR AN APPROXIMATELY 94,394 SQUARE FOOT SHOPPING CENTER, LOCATED ON APPROXIMATELY 18.42 ACRES, SOUTH OF SPERRY
AVENUE AND EAST OF HAGGERTY DRIVE
WHEREAS, the City of Patterson has received an application from Eagle Valley Investments for a general plan amendment/rezone, a planned development, and a tentative parcel map for a shopping center, in the West Patterson Business Park area, located south of Sperry Avenue and east of Haggerty Drive, APN 021-098-001, otherwise known as the Delta Marketplace project (“Project”);
WHEREAS, the City of Patterson has approved the West Patterson Business Park Master Development Plan in 2003 as a framework for future development of the West Patterson Business Park area;
WHEREAS, an Environmental Impact Report was adopted in 2003 for the West Patterson Projects (SCH No. 2001022031 and SCH No. 2001032037), including a mitigation and monitoring plan;
WHEREAS, Patterson City staff conducted a full analysis of the Project to ensure compliance with the City’s General Plan, Zoning Code, the West Patterson Business Park Master Development Plan, and other applicable laws, regulations, and standards; WHEREAS, staff determined that the Project would not result in any new substantial changes to the West Patterson Projects EIR;
WHEREAS, the Planning Commission of the City of Patterson conducted a duly noticed public hearing for the Project on March 14, 2024, and;
WHEREAS, the Planning Commission recommended approval of the Project with a 4-0 vote, and;
WHEREAS, the City Council of the City of Patterson conducted a duly noticed public hearing for the Project on April 2, 2024, and;
WHEREAS, based on its independent review and analysis, the staff analysis, oral and written testimony, the City Council finds, after due study, deliberation and public hearing that the following circumstances exist:
1. That the amendment/rezone is in the public interest and the general plan as amended will remain internally consistent.
7.1.a
Packet Pg. 39
Attachment: Resolution No. 2024-19 Delta Marketplace (Resolution No. 2024 -19 Delta Marketplace)
2. That the project is consistent with the applicable general and specific plans of the City of Patterson;
3. That the proposed planned development design, as architecturally and generally illustrated (in part) is consistent with applicable general and specific plans of the City of Patterson;
4. That, in accordance with Municipal Code Section 18.20 (C)(3), Administrative Amendments to a planned development may be approved by the [Community Development Director] if the Director determines that the amendments are minor in character and are in substantial compliance with the previously approved plan;
5. That the site is physically suitable for the proposed planned development;
6. That the designs and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
7. That the designs or type of improvements are not likely to cause serious public health problems;
8. That the designs or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property;
9. That the project is consistent with the Community Design Guidelines.
10. That the map is consistent with the applicable general and specific plans of the City of Patterson;
11. That the design or improvement of the proposed tentative parcel map is consistent with applicable general and specific plans of the City of Patterson;
12. That the design of the tentative parcel map and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat;
13. That the design of the tentative parcel map or type of improvements are not likely to cause serious public health problems;
14. That the design of the tentative parcel map or the type of improvements will not conflict with easements, acquired by the public at large, or access through or use of property within the proposed land division.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Patterson as follows:
1. The City of Patterson hereby approves general plan amendment/rezone, the planned development, and the tentative parcel map for the Delta Marketplace project subject to the conditions listed in Exhibit A.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Patterson, held on the 2
nd day of April 2024 by , who moved its adoption,
which motion was duly seconded by and the resolution adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
7.1.a
Packet Pg. 40
Attachment: Resolution No. 2024-19 Delta Marketplace (Resolution No. 2024 -19 Delta Marketplace) APPROVED:
Michael Clauzel
Mayor of the City of Patterson
ATTEST:
______________________________________
Aracely Alegre
City Clerk of the City of Patterson
I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 2
nd day of April 2024, and I further certify that said
resolution is in full force and effect and has never been rescinded or modified.
DATED:
______________________________________
City Clerk of the City of Patterson
7.1.a
Packet Pg. 41
Attachment: Resolution No. 2024-19 Delta Marketplace (Resolution No. 2024 -19 Delta Marketplace) Condition of Approval
Timing/
Implementation
Enforcement/M
onitoring Verification
1 The project shall comply with all applicable State and Municipal Codes, including the most recently adopted California Building Codes and the California Green Code, and those amended and adopted by the City of Patterson and shall meet the requirements of the Public Works Department, City Engineer, Building Inspector, Community Development Department and Fire Chief.
Ongoing All Departments
2 The applicant shall comply with all conditions of approval and adopted mitigation measures, including payment of fair share costs for street and intersection improvements and mitigation measures associated with the West Patterson Projects Environmental Impact Report SCH Nos. 2001022031 amd 2001032037.
Ongoing All Departments
3 The applicant shall agree to defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition.
Ongoing All Departments
4 That it shall be the applicant/successor in interest's responsibility and obligation to maintain all project related landscaping, both on site and within the public right-of-way in a viable growth condition in perpetuity. It shall not be acceptable to install landscaping in furtherance of an occupancy permit only to subsequently neglect and abandon the landscape elements.
Ongoing Public Works/
Planning
5 Only office and similar uses, as determined by the Community Development Director, shall be allowed in the buildings at the southern corner of the project site, adjacent to residential lots, with the intent of limiting potential nuisances for neighboring properties. Ongoing Planning On-going
1 7.1.b
Packet Pg. 42
Attachment: Delta Marketplace Conditions checklist final (Resolution No. 2024 -19 Delta Marketplace) Condition of Approval
Timing/
Implementation
Enforcement/M
onitoring Verification
6 Automobile-oriented businesses, such as car washes, gas stations, and vehicle maintenance facilities, shall not be located on lots adjacent to Sperry Ave.
Ongoing Planning
7 The applicant shall not utilize the DMC right-of-way in any way without express approval by a land use agreement through USBR (Section 2), or temporary access permit from the Authority, where applicable (Section 3.2.6) Ongoing
San Luis &
Delta Mendota
Water Authority
8 Fencing along the Delta Mendota Canal boundary shall be designed to prevent vandalism and trespassers. Fencing must be installed one-foot outside of canal right-of-way and maintained by the developer. Ongoing
San Luis &
Delta Mendota
Water Authority
9 Full compliance with NEPA is required for any improvements occuring within the Delta Mendota Canal ROW.
Ongoing
San Luis &
Delta Mendota
Water Authority
10 Subsidence is a wide spread issue on the DMC, and all new construction shall take subsidence impacts into consideration for the design life of the structure (Section 4.1.3). Consultation with the Authority and Reclamation will be required to discuss subsidence rates and future predicted elevations.
Ongoing
San Luis &
Delta Mendota
Water Authority
Prior to Recordation of Final Map (Lot Line Adjustment or Parcel Map) 11 That the applicant shall pay the fair share reimbursement fee for work related to the West Patterson Projects Environmental Impact Report.
Prior to building
permit issuance
Planning
12 That the developer shall install a private road sign serving the access easement. Prior to Map Recordation Engineering
2 7.1.b
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Attachment: Delta Marketplace Conditions checklist final (Resolution No. 2024 -19 Delta Marketplace) Condition of Approval
Timing/
Implementation
Enforcement/M
onitoring Verification
13 That the developer shall repair the telecommunications line serving properties south of the project site.
Prior to Map
Recordation Engineering
14 Tha the developer shall backfill the area between the paved access road and the subdivision wall.
Prior to Map
Recordation Engineering
15 That the final map submitted for checking and recordation shall be prepared by a licensed civil engineer or land surveyor, each licensed to practice in the state of California, and shall meet all of the specifications of the state Subdivision Map Act.
Prior to Map
Recordation Engineering
16 That the parcel(s) shall comply with the requirements of the zoning classification for the General Commercial zone.
Prior to Map
Recordation Planning
17 That the approval shall comply with all applicable state and municipal codes and meet the requirements of the City Engineer.
Prior to Map
Recordation All Departments
18 Public utility easements shall be granted as required by the appropriate companies and to the satisfaction of the Public Works Director and City Engineer.
Prior to Map
Recordation
Engineering/
Public Works
19 That any deed of trust encumbering the parcel(s) of land shall be reflected in recordation.
Prior to Map
Recordation Engineering
20 That no non-conforming condition of zoning may be created by this approval. Prior to Map Recordation Planning
21 That, per Patterson Municipal Code Section 16.20.010, failure to record a final map within twenty-four months of the date of approval or conditional approval of the tentative map shall terminate all proceedings, unless otherwise provided for under the Subdivision Map Act; provided, however, that upon application of the subdivider in writing, an extension not exceeding one year may be granted by the planning commission, except as provided under subsections (B) and (C) of this section. In the event the commission denies the subdivider’s application for extension, the subdivider may appeal to the city council. Where proceedings have terminated because of failure to file a final map or failure to receive extension by the planning commission or city council, a new tentative map shall be filed in accordance with the provisions of this chapter before a final map may thereafter be recorded or any lot sold.
Prior to Map
Recordation All Departments
3 7.1.b
Packet Pg. 44
Attachment: Delta Marketplace Conditions checklist final (Resolution No. 2024 -19 Delta Marketplace) Condition of Approval
Timing/
Implementation
Enforcement/M
onitoring Verification
Design Requirements
22 Gates for the access easement at the southern edge of the property shall be designed and installed to prevent unauthorized access to the canal right-of-way. Provided on building/
improvement
plans
San Luis &
Delta Mendota
Water Authority
23 All storm drainage shall be conveyed away from the DMC ROW.
Provided on
building/
improvement
plans
San Luis &
Delta Mendota
Water Authority
24 Grading and storm drainage plans shall be submitted to the Water Authority to ensure the effective diversion of all stormwater away from the Delta Mendota Canal right-of-way. Provided on building/
improvement
plans
San Luis &
Delta Mendota
Water Authority
25 Utility lines, including electric, telephone, and communications, within or directly serving the project shall be placed underground. Appurtenances and associated equipment (e.g., boxes and meter cabinets) and concealed ducts in an underground system may be placed above ground. Appropriate easements shall be provided allowing utility access as appropriate.
Provided on
building/
improvement
plans
Engineering
26 Easement and setback information along the Delta Mendota Canal region shall be provided to the Water Authority. Provided on
building/
improvement
plans
San Luis &
Delta Mendota
Water Authority
27 Sperry Avenue improvements shall include expansion of the south side of Sperry Avenue along the project's boundary to it's approved width as well as an acceleration/deceleration lane. Improvements shall be to city standards and required structural street section.
Provided on
building/
improvement
plans
Engineering
4 7.1.b
Packet Pg. 45
Attachment: Delta Marketplace Conditions checklist final (Resolution No. 2024 -19 Delta Marketplace) Condition of Approval
Timing/
Implementation
Enforcement/M
onitoring Verification
28 Proposed driveways shall comply with city standards, including width. Provided on building/
improvement
plans
Engineering
29 All utilities (water, non-potable water, sewer, storm), including manholes, shall be extended to city standards.
Provided on
building/
improvement
plans
Engineering
30 Any existing utlities in the project area and street frontage shall be replaced/relocated per City Standards and to the satisfaction of the City Engineer.
Provided on
building/
improvement
plans
Engineering
31 Fence materials and design adjacent to the Delta Mendota Canal shall be subject to review and approval by the City Engineer and Community Development Director.
Provided on
building/
improvement
plans
Engineering/
Planning
32 All planted areas shall be separated from driveways by concrete curbs. Provided on building/
improvement
plans
Engineering/
Planning
33 Stop signs with stop bar and legend shall be provided at all project exits and internally as needed to ensure safety and consistent with the Traffic Impact Study findings.
Provided on
building/
improvement
plans
Engineering/
Planning
34 All sight distances for all corners and driveways shall conform to the City's sight distance requirements to the satisfaction of the City Engineer.
Provided on
building/
improvement
plans
Engineering
5 7.1.b
Packet Pg. 46
Attachment: Delta Marketplace Conditions checklist final (Resolution No. 2024 -19 Delta Marketplace) Condition of Approval
Timing/
Implementation
Enforcement/M
onitoring Verification
35 As applicable, streets, alleys, sidewalks, curbs, and gutters adjacent to the project shall be improved as necessary to provide safe vertical and hortizontal transitions to connect improvements constructed within the project to existing improvements, as directed by the City Engineer.
Provided on
building/
improvement
plans
Engineering
36 An onsite phasing paving plan for traffic circulation will be required prior to issuance of a building permit.
Provided on
building/
improvement
plans
Engineering
37 All on-site utilities shall be underground and all utility fixtures, transformers, switching boxes and other installations shall be screened from view.
Provided on
building/
improvement
plans
Engineering/
Planning
38 Per Title 24, CBC Section 11B-208, parking lots shall provide the required number and configuration of accessible parking spaces.
Provided on
building/
improvement
plans
Building
39 That the developer shall provide an accessible pedestrian path of travel from a public sidewalk to a point of building ingress, to the satisfaction of the Building Official, Community Development Director and Engineering Director.
Provided on
building/
improvement
plans
Building/
Engineering/
Planning
40 Infrastructure Improvements required for project development shall include street paving, curb, gutter, street lights, sidewalks, landscaping, the required utilities, grading and drainage.
Provided on
building/
improvement
plans
Public Works/
Engineering/
Planning
41 That landscaping and irrigation plans shall be submitted for on-site and off-site improvements.
Date palm trees shall be installed along the Sperry Avenue frontage landscaping. Prior to building permit
Public Works/
Engineering/
Planning
6 7.1.b
Packet Pg. 47
Attachment: Delta Marketplace Conditions checklist final (Resolution No. 2024 -19 Delta Marketplace) Condition of Approval
Timing/
Implementation
Enforcement/M
onitoring Verification
42 That the access easement (benefitting APN 021-091-010) shall be adjusted westerly to allow for a 3-foot-wide landscaping strip along the newly constructed masonry wall, thereby enabling unobstructed vehicular travel of farm equipment. Project site review plans shall illustrate landscape and irrigation improvements within the 3-foot-wide strip along the eastern wall, adjacent to the residential lots, with the intent to provide an attractive graffiti deterrent, to the satisfaction of the City Engineer and Community Development Director.
Provided on
building/
improvement
plans
Public Works/
Engineering/
Planning
43 That a decorative entryway feature shall be included at the southern-most driveway (along the access easement), substantially consistent with common project architectural elements, subject to consultation with the owner of APN 021-091-010 (2460 Sperry Ave.) and to the satisfaction of the Community Development Director.
Provided on
building/
improvement
plans
Engineering/
Planning
44 At the time of Public Improvement Plan review, plans shall be submitted to all applicable public utility companies for review. Comments from the utilities regarding required easements, transformer locations, etc. shall be forwarded to Public Works Department for review and approval.
Provided on
building/
improvement
plans
Engineering/
Planning
45 All required public improvements shall be designed and constructed in accordance with the City of Patterson Standard Specifications and Drawings, including any standards updated prior to approval of the improvement plans.
Provided on
building/
improvement
plans
Public Works/
Engineering/
Planning
46 That a master sign plan shall be submitted for review and approval. Prior to building permit Planning
47 All signage shall be submitted for a sign permit and shall be in accordance with relevant provisions of the Patterson Zoning Ordinance and sign program and that any proposed monument sign shall be constructed with design elements and materials reflective of the common project architectural elements.
Prior to building
permit Planning
48 That plans for decorative elements located within the on-site roundabout shall be submitted for review and approval. Prior to building
permit Planning
7 7.1.b
Packet Pg. 48
Attachment: Delta Marketplace Conditions checklist final (Resolution No. 2024 -19 Delta Marketplace) Condition of Approval
Timing/
Implementation
Enforcement/M
onitoring Verification
49 That plans showing decorative features for the northwest corner of the site adjacent to the Sperry Ave./Haggerty Dr. intersection and for the Sperry Avenue entry to the site, shall be submitted for review and approval. Example corner treatements may include elements such as outside dining, trellisses, enhanced landscaping, etc.
Prior to building
permit Planning
50 Site plan and architectural designs for all development within the project area shall be substantially consistent with the Planned Development #22-03, as approved and generally illustrated (in part), and with the Community Design Guidelines.
Prior to building
permit Planning
51 The location and design of any shopping cart corrals shall be subject to review and approval.
Prior to building
permit Planning
52 That each building's parking spaces shall be provided consistent with minimum Municipal Code requirements. Prior to building
permit Planning
53 Setbacks shall be verified by a licensed surveyor. Prior to building permit Engineering
54 That the project shall be designed to meet LID standards. The City of Patterson PostConstruction Stormwater Standards Manual shall be followed for guidance AND full trash capture devices shall be installed.
Provided on
building/
improvement
plans
Public Works/
Engineering
55 Low Impact Development (LID) for storm water runoff shall be accommodated within the landscaping area prior to draining to the regional basin.
Provided on
building/
improvement
plans
Public Works/
Engineering
8 7.1.b
Packet Pg. 49
Attachment: Delta Marketplace Conditions checklist final (Resolution No. 2024 -19 Delta Marketplace) Condition of Approval
Timing/
Implementation
Enforcement/M
onitoring Verification
56 All trash enclosures shall be constructed to comply with the latest Health Department and Storm Water regulations (located at least 50' from any stormdrain inlet, have covers, have adequate secondary containment, etc.). Trash enclosures shall be sized to comply with commercial and organics recycling requirements. The project shall install 100 percent full trash capturing devices to comply with Stormwater Regulations and provide the City with a copy of the maintenance plan. A maintenance agreement will be required and devices must be adequately maintained and business must sign up with the City’s FOG program to ensure maintenance. The trash enclosure design shall use colors and materials consistent with the travel center. For grease cleaning purposes, a hot and cold-water supply to the trash enclosure shall be provided. The sewer drain from trash enclosures shall run through the sewer interceptors. All trash enclosure plans shall be reviewed and approved by the City’s Planning Department.
Provided on
building/
improvement
plans
Public Works/
Engineering/
Planning
57 That a grease interceptor shall be provided as required by the city engineer, including for food establishments/kitchens. Grease interceptor shall be constructed on private property, on the sewer service lateral for any facility whose operation will result in oil, grease, sand, or other solids being discharged into the City's sanitary sewer system. Interceptors shall confrom to the lastest California Plumbing Code Standards and all grease interceptors shall have a sample point and shall be constructed outside the building where they can easily be inspected for proper operation by the City. Any business that has a Grease Interceptor/Trap shall enroll in the City's Fats, Oil and Grease (FOG) Program.
Provided on
building/
improvement
plans
Public Works/
Engineering
58 Interior vehicle travelways shall be designed to be capable of withstanding loads imposed by trash and delivery trucks.
Provided on
building/
improvement
plans
Public Works/
Engineering
59 The project shall conform to the requirements of AB 939 and AB 1826 (Recycling).
Commercial projects shall submit a Construction Waste Management Plan for the City's review/approval. All businesses generating four cubic yards of waste or more, per week, must comply with AB 939 Commercial Recycling requirements.
Provided on
building/
improvement
plans
Public Works
9 7.1.b
Packet Pg. 50
Attachment: Delta Marketplace Conditions checklist final (Resolution No. 2024 -19 Delta Marketplace) Condition of Approval
Timing/
Implementation
Enforcement/M
onitoring Verification
60 Plans for off-site public improvements and landscape plans must be submitted to the City Engineer for review and approval.
Provided on
building/
improvement
plans
Engineering
61 Project shall comply with all Stormwater Pollution Prevention and Valley Air Pollution Control District regulations, including the City’s Post Construction/LID Standards and the Construction Activities Storm Water General Permit.
Provided on
building/
improvement
plans
Public Works
62 That prior to building permit issuance, the applicant shall provide a plan for parking, including ADA facilities. All end parking spaces adjacent to raised curbing shall be one foot wider than the normal stall width (10 feet total).
Provided on
building/
improvement
plans
Planning/
Engineering/
Building
63 A 20' wide fire lane shall be maintained throughout the site. An approved fire apparatus turn around shall be provided. Fire lane and turn around shall be an all-weather surface.
Provided on
building/
improvement
plans
Fire
64 If, the site grading area exceeds one acre or is part of a larger common plan of development, therefore the applicant must obtain a Construction Activities Storm Water General Permit. In addition, a State's WDID number, SWPPP, and Storm Water Pollution Prevention Manager Information shall be required.
Provided on
building/
improvement
plans
Public Works/
Engineering
65 On-site and off-site storm water runoff shall be detained and metered into the storm drainage system to the satisfaction of the City Engineer.
Provided on
building/
improvement
plans
Engineering
66 For new water service or existing water service, a Reduced Pressure Backflow prevention apparatus shall be installed per City Standards.
Provided on
building/
improvement
plans
Engineering/
Public Works
10 7.1.b
Packet Pg. 51
Attachment: Delta Marketplace Conditions checklist final (Resolution No. 2024 -19 Delta Marketplace) Condition of Approval
Timing/
Implementation
Enforcement/M
onitoring Verification
67 Street lighting shall be provided consistent with City standards. Location and material shall be approved by the Public Works Department. All new street lighting shall be LED.
Provided on
building/
improvement
plans
Engineering/
Public Works
68 Street trees shall be installed along public rights of way to City standards. Street trees shall comply with the City's approved street tree plan and species list.
Provided on
building/
improvement
plans
Public Works
69 Frontage improvements shall be installed including sidewalk, curb, gutter, and commercial driveways. Pavement, sidewalk and driveway approach improvements shall require compaction tests per City Standards.
Provided on
building/
improvement
plans
Engineering/
Public Works
70 All curb ramps (both sides of drive approaches) shall be Type-1 City Standard Detail 3-T and meet all new updated ADA standards.
Provided on
building/
improvement
plans
Engineering/
Public Works
71 New AC pavement shall be connected to the existing pavement with 2" deep and 2' wide grind of existing pavement with geofabric and tac-coat.
Provided on
building/
improvement
plans
Engineering/
Public Works
72 New AC pavement shall be connected to existing pavement with 2" deep and 2' wide grind of existing pavement with geofabric and tac-coat.
Provided on
building/
improvement
plans
Engineering/
Public Works
73 Moisture barrier shall be installed behind sidewalk and medians. Provided on building/
improvement
plans
Engineering/
Public Works
11 7.1.b
Packet Pg. 52
Attachment: Delta Marketplace Conditions checklist final (Resolution No. 2024 -19 Delta Marketplace) Condition of Approval
Timing/
Implementation
Enforcement/M
onitoring Verification
74 Landscaping shall be provided along the frontage of the property. Landscaping plan shall be subject to review and approval by the Public Works and Community Development Departments.
Provided on
building/
improvement
plans
Public Works/
Planning
75 Project shall comply with all applicable stormwater regulations (Federal, State, and Local).
The applicant shall work with the City as it monitors the project during construction activities and perform adequate inspections as required by the City's MS$ Phase II Permit. A deposit account shall be established by the developer/project owner to cover all SWPPP inspections conducted by the City.
Provided on
building/
improvement
plans
Public Works
76 That storm drainage infrastructure shall be designed to meet the post-construction stormwater standards and AB 1881 requirements. Storm drainage plans shall be engineered and/or developed by a Qualified Stormwater Designer (QSD). Prior to dedicating any basin/storm drainage facility to the City, they shall meet City Standards, stormwater regulations, be set-up with SCADA, and be included in the maintenance district to provide funding for on-going maintenance. Any temporary basin shall have adequate Best Management Practices (BMPs) and shall be monitored and inspected by a QSP to ensure stormwater compliance. The temporary basin shall have a monitoring gauge to monitor the levels as well as have an emergency contingency plan to address high levels during the heavy storm season. Any discharge to the City's storm system is prohibited and requires the City's authorization and lab sampling to ensure water quality meets State requirements. All costs associated with discharge/sampling are the responsibility of the developer/project owner. A secured maintenance agreement shall be required to ensure that the basin is monitored, maintained, and completed to satisfy state, local, federal stormwater and FEMA regulations.
Provided on
building/
improvement
plans
Public Works
77 All utilities shall be routed to existing rights-of-way rather than utility easements. Provided on building/
improvement
plans
Public Works
12 7.1.b
Packet Pg. 53
Attachment: Delta Marketplace Conditions checklist final (Resolution No. 2024 -19 Delta Marketplace) Condition of Approval
Timing/
Implementation
Enforcement/M
onitoring Verification
78 Fire hydrants shall be located to the Fire Inspector's specifications. Fire hydrants and fire hydrant flows shall meet all City of Patterson standards.
Provided on
building/
improvement
plans
Fire
79 That a Fire Department Connection (FDC) shall be located at the street. The FDC shall be within 75' of a fire hydrant, and 25' away from a driveway. The FDC shall be equipped with locking FDC plugs.
Provided on
building/
improvement
plans
Fire
80 All facilities shall be connected to the City's municipal system for water, sewer, and storm and be signed up for services prior to operation.
Provided on
building/
improvement
plans
Engineering/
Public Works
81 Water, sewer and storm calculations shall be provided for review during plan submittal. Provided on building/
improvement
plans
Engineering/
Public Works
82 All water meters shall be placed 1-foot behind the sidewalk with reduced pressure backflows.
Backflow prevention decives shall be as close as possible to the water meter box.
Provided on
building/
improvement
plans
Engineering/
Public Works
83 Landscaping and water service shall include reduced pressure back flow prevention devices. Provided on building/
improvement
plans
Engineering/
Public Works
84 The project shall connect to the City's non-potable water system for landscape and irrigation purposes.
Provided on
building/
improvement
plans
Engineering/
Public Works
13 7.1.b
Packet Pg. 54
Attachment: Delta Marketplace Conditions checklist final (Resolution No. 2024 -19 Delta Marketplace) Condition of Approval
Timing/
Implementation
Enforcement/M
onitoring Verification
85 All on-site water lines and fire hydrants shall be private. Provided on building/
improvement
plans
Engineering/
Public Works
86 All non-potable water valves shall be Christy G-4 with triangular lid purple in color or approved equal.
Provided on
building/
improvement
plans
Engineering/
Public Works
87 Non-potable water main and appurtenances shall be installed as required by the City for demands that are compatible with non-potable water, including, but not limted to landscape irrigation and vehicle washing. Non-potable water system and installation shall be in accordance with the latest version of the City's non-potable water standards or guidelines, including pipe color, signage, cross connection control program, etc. Connection to the nonpotable water system shall be required when it becomes available. Connection shall be made by the owner at no expense to the City. City engineer may ask the owner to pay their fair share in lieu of installation of the non-potable system.
Provided on
building/
improvement
plans
Engineering/
Public Works
Prior to Grading
88 Any abandoned wells on the project site shall be destroyed in accordance with requirements of the Stanislaus County Environmental Health Division prior to issuance of any grading permit or other site improvements. All abandoned/destroyed wells shall be clearly shown on the improvement plans for the project. A well destruction permit shall be required by Public Works prior to starting the work and inspections/confirmation of well destruction shall be confirmed by the Public Works Department.
Prior to grading
permit Public Works
89 Prior to the approval of grading and public improvement plans, the applicant shall establish a deposit account for plan check and inspection costs, post bonds as appropriate and obtain an encroachment permit as required.
Prior to grading
permit
Public Works/
Engineering
90 Complete grading and drainage plans shall be submitted for review and approval by the City Engineer.
Prior to grading
permit Engineering
14 7.1.b
Packet Pg. 55
Attachment: Delta Marketplace Conditions checklist final (Resolution No. 2024 -19 Delta Marketplace) Condition of Approval
Timing/
Implementation
Enforcement/M
onitoring Verification
91 At the time of grading/improvement plan submittal, the applicant shall deposit with the City, at time of plan check submittal, adequate funds to employ a qualified independent engineering consultant selected by the City to review grading and drainage improvement plans and to inspect the site prior to and during all major site preparation and grading. A qualified Soils Engineer shall submit tests and reports to certify each parcel as ready for construction prior to starting foundations.
Prior to grading
permit Engineering
92 Where the difference in average elevations between adjacent lots is in excess of six inches, slope shall not exceed 2 to 1 grade or a grade found reasonable in the soils report, or a retaining wall shall be required.
Prior to grading
permit Engineering
93 Prior to any site grading or construction, an erosion control plan and program shall be submitted to and approved by the Public Works Department. Said plan and program shall address specific temporary and permanent erosion control measures associated with the project.
Prior to grading
permit Public Works
94 It is the contractor’s responsibility to use watering, dust fences, or other methods as directed by the City, to control dust throughout the construction operation. The applicant shall use all reasonable efforts to obtain non-potable water for construction or dust control purposes. This condition shall not be interpreted as prohibiting the use of City water supplies for the irrigation of street lines and landscaping required in common areas.
Prior to grading
permit Public Works
95 All grading construction debris materials shall be removed and disposed into an approved dump site prior to any excavation or fill operations and/or as specified by the Solid Waste Management Plan and/or directed by Public Works. All grading activities must comply with all stormwater regulations including stabilization of any soil disturbed area. All excess dirt must be leveled and/or disposed of correctly and may not be taken to a facility that is not listed in the SWPPP of Solid Waste Management Plan and/or approved by the City.
Prior to grading
permit Public Works
96 The applicant or his/her agents or employees shall be responsible for removal and clean-up of any spill on public streets during his/her entire grading operations.
Prior to grading
permit Public Works
97 Lots shall drain in such a manner that there will be no undrained depressions. The design of all such drains shall be subject to the review and approval of the City Engineer.
Prior to grading
permit Engineering
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98 An engineering cost estimate shall be submitted with the grading and improvement plans for public improvements. The applicant's engineer shall sign and stamp the calculation and cost estimates prior to issuance of grading and encroachment Permits.
Prior to grading
permit Engineering
99 Prior to issuance of the grading permit, final right-of-way width and routes for drainage channels, pipelines, and service roads needed shall be established.
Prior to grading
permit Engineering
100
Measures to control erosion during construction shall be incorporated into the grading plans, and shall be subject to review and approval by the City Engineer.
Prior to grading
permit Engineering
101
Prior to issuance of a grading permit, the applicant shall submit a soils report, prepared by a registered geologist or qualified civil engineer, concerning soil conditions for grading, excavations, slope stabilization and revegetation, and footing and foundation construction.
Prior to grading
permit Engineering
102
The applicant shall obtain a grading permit for on-site excavation and fill prior to construction.
Prior to grading
permit Engineering
103
Prior to concrete pour inspection, compaction tests are required for all footings. Prior to grading permit Engineering
104
The project shall obtain an Industrial Stormwater Permit under the State Water Board and Regional Water Quality Control Board general permit, if applicable.
Prior to grading
permit Public Works
Construction Phase
105
Construction shall be limited to between the hours of 7:00 a.m. and 6:00 p.m. on non-holiday weekdays, and on Saturdays to between the hours 8:00 a.m. and 6:00 p.m.; that additional hours may be permitted at the discretion of the Public Works Director. Construction activities may be allowed at any time on the interior of buildings once they are entirely enclosed, in conformance with the City’s noise ordinance.
During
Construction Public Works
106
The applicant shall be responsible during construction for cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the subject site. The flushing of dirt and debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning shall be done after each day's work or as directed by the Director of Public Works or the Planning Department.
During
Construction Public Works
107
All water, gas, sewer, underground electrical power, cable TV, telephone lines, conduits, or underground drain lines shall be installed before any paving is placed.
During
Construction Engineering
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That all weather access shall be provided and maintained through the site for properties utilizing the access easement during construction activities.
During
Construction Engineering
109
Prior to issuance of a building permit, an exterior lighting plan and site lighting footcandle plan shall be prepared subject to the review and approval of the Community Development Department. Lighting shall meet City standards, including mounting, aiming, and shielding light fixtures to prevent glare, light trespass, and light pollution. Onsite lighting and fixture type shall be submitted for review and approval.
Prior to building
permit issuance
Planning/
Engineering
110
For landscape and irrigation within the public ROW, a deposit shall be required to cover the installation of irrigation, landscaping, and plant materials (relocation) based upon the estimate of costs to be paid for and provided by the applicant. Project landscape plans must comply with AB1881 (Water Use Efficiency) requirements. Once the landscaping is complete an audit must be completed and the certificate sent into the City.
Prior to building
permit issuance Public Works
111
Prior to building permit issuance, the applicant shall submit to the City for review and approval a grading and drainage plan in compliance with all applicable regulations of the City of Patterson.
Prior to building
permit issuance Engineering
112
The applicant shall annex into all applicable Community Facilities Districts (CFDs) and/or Maintenance Districts that the City has in place for providing services to the site and/or ongoing maintenance of any improvements that the City will take over (CFD 2013-01, Landscape Maintenance Districts (LMDs) Benefit Assessment Districts (BADs), County Service Area (CSA) and pay for all costs associated with this item.
Prior to building
permit issuance
Finance/ Public
Works/
Engineering
Prior to Building Permit Issuance
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The applicant shall submit a mitigation monitoring plan for review and approval by the City and the San Joaquin Valley Air Pollution Control District (SJVAPCD) for constructionrelated emissions prior to construction. Such a plan shall include provisions for compliance with District Rule VIII and shall include at least the following requirements:
a. All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, or vegetative ground cover.
b. All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. c. All land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking.
d. With the demolition of buildings up to six stories in height, all exterior surfaces of the building shall be wetted during demolition.
e. When materials are transported off-site, all material shall be covered, effectively wetted to limit visible dust emissions, or at least six inches of freeboard space from the top of the container shall be maintained.
f. All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets if and as needed when operations are occurring. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions.) (Use of blower devices is expressly forbidden.) g. Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant.
Prior to building
permit issuance
Engineering/
Planning
h. Limit traffic speeds on unpaved roads to 15 mph; and i. Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent. 114
Public records are to be researched for the location of all possible survey monuments within the scope of the project and report shall be furnished to City Engineer and County Surveyor. Prior to building permit issuance Engineering
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Prior to issuance of a building permit, the applicant shall submit a Final Landscape and Irrigation Plan in compliance with AB 1881. The City of Patterson Post-Construction Stormwater Standards Manual shall be followed for guidance. The landscaping plan shall be consistent with City Standards and shall include at least two of the following low impact development methods:
• bioretention
• cisterns and rain barrels
• green roofs
• roof leader disconnection
• permeable and porous paving (must be no less than 20% of walking or patio surface per Section 18.78.040)
• vegetative swell and filter strips
• volume retention
Prior to building
permit issuance
Planning/
Public Works/
Engineering
116
Prior to issuance of a building permit, sufficient water pressure and capacity to serve the project area shall be assured. Water mains shall be installed on-site to provide adequate flow and reliability as required by the Public Works Director, City Engineer, and Fire Chief.
Prior to building
permit issuance
Public Works/
Engineering/
Fire
117
Design of the proposed project facilities shall include provisions to minimize water requirements, including the use of the following, to the extent deemed practical by the City:
a. Use of low-flow fixtures, including shower heads and toilets as per the Uniform Building Code.
b. Use of drought-tolerant, native landscaping.
Prior to building
permit issuance
Public Works/
Engineering
118
Separate water meters shall be installed for landscaping and indoor water services. Prior to building permit issuance
Public Works/
Engineering
119
The project shall comply with City of Patterson Best Management Practices as defined in the City’s latest Urban Water Management Plan, California Urban Water Conservation Council BMPs, AB 1881, and mandatory water conservation measures defined in the State of California Green Building Code.
Prior to building
permit issuance
Public Works/
Engineering
120
Future drainage system discharges shall comply with applicable state and federal pollutant discharge requirements.
Prior to building
permit issuance
Public Works/
Engineering
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Appropriate storm and sewer interceptors shall be included to the satisfaction of the City Engineer and Public Works Director. Use of a grease/oil interceptor shall be required and shall be located on private property on the sewer service lateral to the satisfaction of the Public Works Director and City Engineer.
Prior to building
permit issuance
Public Works/
Engineering
122
A Stormwater Pollution Prevention Plan (SWPPP) shall be completed and submitted to the City prior to any construction activities and must address grading, drainage, erosion control, and Post Construction Best Management Practices (BMPs). In compliance with the City’s Post-Construction Stormwater Standards Manual, an Operations and Maintenance Plan also must be submitted. A SWPPP Inspection Deposit must be posted with the City to cover all SWPPP Inspections for the duration of the project.
Prior to building
permit issuance
Public Works/
Engineering
123
The developer shall enter into a Landscape and Stormwater Control Measures (SCMs) & Access Agreement which holds the developer responsible for the ongoing maintenance of all private landscaping and stormwater treatment control measures installed on the project. The agreement shall be signed prior to inspections.
Prior to building
permit issuance Public Works
124 If using truncated domes, City prefers "Set in Place" domes. Prior to building permit issuance Public Works
125
Water meters shall be ordered and purchased through the Public Works Department. Prior to building permit issuance Public Works
126
If construction water will be obtained from the City's Fire Hydrant(s), a Fire Hydrant Use permit Application shall be submitted and approved by the Public Works Department. Prior to building permit issuance Public Works
127
That the developer shall submit a Construction and Demolition Waste Management Plan to the Public Works Department. The City shall require a final package prior to obtaining final approval to be submitted to ensure 60% diversion rate has been achieved.
Prior to building
permit issuance Public Works
128
If the property is within a Special Flood Hazard Area, applicant shall obtain a floodplain development permit and build according to floodplain standards.
Prior to building
permit issuance Public Works
129
All pre-existing sewer laterals and storm drain lines shall be video inspected to ensure that the lines are clear of any debris and that they are not damaged.
Prior to building
permit issuance Public Works
130
That the project shall establish garbage services and comply with mandatory commercial recycling - AB 341 and organics recycling - AB 1383.
Prior to building
permit issuance Public Works
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All landscaping in the Public Right-of-Way shall be subject to review and approval by the Public Works and Community Development Department.
Prior to building
permit issuance
Public Works/
Planning
132
All pre-existing public improvements adjacent to the project area shall meet current City Standards and ADA standards.
Prior to building
permit issuance
Building/
Engineering
133
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 (5000) square feet. If the provisions of the current California Fire Code are more restrictive, then the more restrictive requirement shall apply.
Prior to building
permit issuance Fire
134
Bicycle racks, consistent with the Municipal Code, shall be designed and installed in accordance with City Standards, with placement to be approved by the Community Development Department.
Prior to building
permit issuance Planning
135
That for each building, all ducts, meters, air conditioning equipment and all other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view with materials architecturally compatible with the main structure. This includes gas and electric meters, electric transformers, and large water piping systems to be completely screened from a standard public viewing height of 6 feet. All roof-mounted equipment which generates noise, solid particles, odors, etcetera, shall cause the objectionable material or effects to be directed away or shielded from adjoining land designated for residential development. A plan for the treatment of roof top equipment shall be submitted to the Planning Department prior to issuance of a building permit.
Prior to certificate
of occupancy Planning
136
That the new entry roadway/driveway from Sperry Avenue to the roundabout and from Haggerty Drive to the roundabout shall be approved and fully constructed. Prior to occupancy of parcels seven through eleven, the driveway extending south from the roundabout to the southern entry on Haggerty driveway shall be approved and fully constructed.
Prior to certificate
of occupancy Engineering
Prior to Certificate of Occupancy
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Any street, alley, sidewalk, curb, or gutter, damaged by the applicant or its agents or employees shall be repaired, prior to final acceptance of tract improvements by the City Council, or sooner, at the discretion of the City Engineer.
Prior to certificate
of occupancy Engineering
138
That mail receptacles shall be provided as required by the Postmaster of the City of Patterson.
Prior to certificate
of occupancy Planning
139
A “Landscape & Stormwater Treatment Control Maintenance & Access Agreement" shall be required to ensure the maintenance of all landscaping and Stormwater treatment control devices/post-construction BMPs that will be owned and maintained by the project owner onsite. The agreement will be reviewed and approved by the City Council and recorded at the County Recorder’s Office.
Prior to certificate
of occupancy Public Works
140
Project shall be required to stabilize the project for stormwater compliance and work with the City to perform a Final Stormwater inspection and acquire a Notice of Termination for the project. All construction/temporary BMPs must be removed and all post-construction BMPs/stormwater treatment controls be in place and properly inspected.
Prior to certificate
of occupancy
Public Works/
Engineering
141
Final inspection of the sewer and storm drain system shall be by televised inspection device as approved by the City Engineer at applicant’s expense. Prior to certificate of occupancy Engineering
142
A reciprocal access and parking agreement shall be recorded on all sites, to the satisfaction of the Community Development Director. Prior to certificate of occupancy Planning
143
That a reciprocal maintenance agreement, subject to approval by the City Engineer and Community Development Director, shall be recorded on all parcels within the project area, to provide for the care and maintenance of shared private facilities, such as paving and landscaping.
Prior to certificate
of occupancy Planning
144
That trash pickup service shall be provided to the property at APN 021-091-010 (2460 Sperry Ave.) following consultation with the trash disposal service, subject to review and approval by the Community Development Director.
Prior to certificate
of occupancy Planning
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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 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.
Prior to certificate
of occupancy Fire
146
To facilitate emergency response, 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.
Prior to certificate
of occupancy Fire
147
The main electrical service shall be accessible for emergency shut off from the outside of the buildings. This may be accomplished by providing one main disconnect, a Knox disconnect or shunt trip device. If, out of necessity, there is more than one (1) main service disconnect, these disconnects shall be located in close proximity to each other as approved by the Fire Chief.
Exception: Electrical control room with a marked door that is directly accessible from the outside of the building.
Prior to certificate
of occupancy Fire
148
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 constructed. 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, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. Fire hydrants shall be accessible to the Fire Department apparatus by roads meeting the requirements of CA Fire Code.
Prior to certificate
of occupancy Fire
149
Approved fire extinguishers be installed within the building(s) and shall be at least a 2A10BC.
Prior to certificate
of occupancy Fire
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All fire lanes must be posted and enforced, per Police and Fire Department Guidelines.
Prior to certificate
of occupancy Fire
151
Fire Department approved key boxes (Knox Key Box) shall be installed and secured in accordance with manufacturer's specifications and mounted to the right of the main entrance door with the top of box no higher than 6’ above finished grade.
Prior to certificate
of occupancy Fire
152 Manual sliding or electrically operated gates that cross fire access shall be required to be equipped with an Knox Key Switch used by the Patterson Fire Department Prior to certificate
of occupancy Fire
153 Knox locking caps for fire department connections shall be required on all new construction. Prior to certificate of occupancy Fire
154
A certificate from Underwriters Laboratories (UL) shall be required on all commercial fire alarm systems installed and shall be maintained for commercial fire alarm systems throughout the life of the alarmed building.
Prior to certificate
of occupancy Fire
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7.1.c
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Attachment: Vicinity Map (Resolution No. 2024 -19 Delta Marketplace) R D
G GDR ENGINEERING, Inc.
R G
D LEGEND (LDR) Low Density Residential (LI) Light Industrial City Limits (GC) General Commercial (PQP) Public / Quasi-Public Project Boundary Lake Sperry Avenue Sperry Avenue Calvinson Parkway Park Center Drive
Baldwin Road
Delta Mendota Canal (MDR) Medium Density Residential EXISTING GENERAL PLAN DESIGNATION FOR SPERRY COMMERCIAL PARK TWO SITE
BALDWIN ROAD SPERRY AVENUE
ROGERS ROAD
PARK CENTER
DELTA
MENDOTA A.P.N.: 021-091-014 OWNER: Eagle Valley Investments Inc. CONTACT: Larry Buehner ADDRESS: 515 Keystone Boulevard CITY/STATE/ZIP: Patterson, CA 95363 EMAIL: [email protected] PROPERTY OWNER / APPLICANT ±18.4 Acres 7.1.d Packet Pg. 67
Attachment: 18099 General Plan Exhibits (Resolution No. 2024 -19 Delta Marketplace) R D
G GDR ENGINEERING, Inc.
R G
D LEGEND (LDR) Low Density Residential (LI) Light Industrial City Limits (GC) General Commercial (PQP) Public / Quasi-Public Project Boundary Lake Sperry Avenue Sperry Avenue Calvinson Parkway Park Center Drive
Baldwin Road
Delta Mendota Canal (MDR) Medium Density Residential PROPOSED GENERAL PLAN DESIGNATION FOR SPERRY COMMERCIAL PARK TWO SITE
BALDWIN ROAD SPERRY AVENUE
ROGERS ROAD
PARK CENTER
DELTA
MENDOTA A.P.N.: 021-091-014 OWNER: Eagle Valley Investments Inc. CONTACT: Larry Buehner ADDRESS: 515 Keystone Boulevard CITY/STATE/ZIP: Patterson, CA 95363 EMAIL: [email protected] PROPERTY OWNER / APPLICANT ±18.4 Acres 7.1.d Packet Pg. 68
Attachment: 18099 General Plan Exhibits (Resolution No. 2024 -19 Delta Marketplace) R D
G GDR ENGINEERING, Inc. EXISTING ZONING DESIGNATION FOR SPERRY COMMERCIAL PARK TWO R G
D A.P.N.: 021-091-014 OWNER: Eagle Valley Investments Inc. CONTACT: Larry Buehner ADDRESS: 515 Keystone Boulevard CITY/STATE/ZIP: Patterson, CA 95363 EMAIL: [email protected] PROPERTY OWNER / APPLICANT LEGEND (LDR) Low Density Residential (WPIBP) West Patterson Industrial Business Park City Limits (GC) General Commercial (PQP) Public / Quasi-Public Project Boundary Lake ±18.4 Acres Sperry Avenue Sperry Avenue Calvinson Parkway Park Center Drive
Baldwin Road
Delta Mendota Canal (MDR) Medium Density Residential SITE
BALDWIN ROAD SPERRY AVENUE
ROGERS ROAD
PARK CENTER
DELTA
MENDOTA 7.1.e
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Attachment: 18099 Zoning Exhibits (Resolution No. 2024 -19 Delta Marketplace) R D
G GDR ENGINEERING, Inc.
R G
D LEGEND (LDR) Low Density Residential (WPIBP) West Patterson Industrial Business Park City Limits (GC) General Commercial (PQP) Public / Quasi-Public Project Boundary Lake Sperry Avenue Sperry Avenue Calvinson Parkway Park Center Drive
Baldwin Road
Delta Mendota Canal (MDR) Medium Density Residential PROPOSED ZONING DESIGNATION FOR SPERRY COMMERCIAL PARK TWOA.P.N.: 021-091-014 OWNER: Eagle Valley Investments Inc. CONTACT: Larry Buehner ADDRESS: 515 Keystone Boulevard CITY/STATE/ZIP: Patterson, CA 95363 EMAIL: [email protected] PROPERTY OWNER / APPLICANT ±18.4 Acres SITE
BALDWIN ROAD SPERRY AVENUE
ROGERS ROAD
PARK CENTER
DELTA
MENDOTA 7.1.e
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Attachment: 18099 Zoning Exhibits (Resolution No. 2024 -19 Delta Marketplace)
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DELTA M ARKETPLACE
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DELTA M ARKETPLACE
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Packet Pg. 106 Attachment: WPBP Mitigation Measures (Resolution No. 2024 -19 Delta Marketplace) Technical Memorandum
Advanced Mobility Group | 3003 Oak Rd, Suite 100, Walnut Creek, CA 94597 www.amobility.com
To:
Mary Bean
Director, Professional Services
FirstCarbon Solutions
From: Christopher Thnay, PE, AICP
Address: Walnut Creek, California 94597
Email: [email protected] Date: December 7, 2023
Subject: Estimated Trip Generation of Sperry Commercial 2 Project, Patterson, CA Introduction
This brief technical memorandum summarizes the results of a trip generation conducted located to the southwest corner of the intersection of Sperry Avenue and Haggerty Way, Patterson, CA as shown in Figure 1. The proposed project consists
primarily of approximately 13.3 acres.
The purpose of this tech memo is to document results
of our review if the estimated project trips exceeded
the total trips previously approved in the certified
2003 West Patterson Business Park EIR. The
proposed project land use consists of approximately
94,394 sf of commercial and restaurant land use.
AMG will determine if projected trips would result in
additional traffic than the previously approved R&D
land use in the EIR.
Trip Generation Estimate
The proposed Sperry Commercial Park 2 Project site
was approved as a part of the 2003 West
Patterson Master Plan as shown in Figure 2. The
assumed land use was Research and Development
(R&D). The trip generation for the originally
approved 2002 West Patterson Master Plan was
based on the zoning and model trips rates that were assumed at that time.
The proposed Sperry Commercial Park 2 Project site was located within the Traffic Analysis Zones (TAZ) 4 (approximately 171.3 acres) of the model used in the 2002 West Patterson Master Plan.
According to the Baldwin Ranch Project Traffic Impact Study1, the total acreage of two projects within TAZ 4 which were previously approved (Palm Plaza and Baldwin Ranch) were 1 Traffic Impact Study for the Proposed the Proposed Baldwin Ranch Project, City of Patterson, CA, September 11, 2020 Figure 1: Site Plan
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Mary Bean
approximately 84 percent of the total 171.3 acre in TAZ 4. The Baldwin Ranch Project report indicated a net reduction in trips based on the two previously approved projects.
The first task is to determine the total trips generated by the proposed 94,394 sf Sperry Commercial Park 2 development. AMG would
then compare the total trips generated by all
three developments (Palm Plaza, Baldwin Ranch
and Sperry Commercial Park 2) contained in TAZ
4 (171.3 acre) to the originally approved trips in
the 2002 West Patterson Master Plan.
Typically, the peak hour trip generation for a
project are estimated based on the Trip
Generation Manual, 11th Edition, published by
the Institute of Transportation Engineers (ITE).
AMG used various categories included in the ITE
Manual for the 13 proposed developments
shown in the site plan as shown in Appendix A.
The proposed Sperry Commercial Park 2
development consisted of approximately 94,394 square feet (sf) of retail and services related land uses. The breakdown is shown in Table 1 with key uses summarized below:
• Retail
• Office
• Grocery
• Shushi Restaurant
• Shoe Store
• Pet Supply
• Fastfood
• Car Wash
• Gas/MiniMart
• Coffee Shop
The ITE trip-generation data and analysis methods apply primarily to single-use and freestanding sites, which limits their applicability to compact, mixed-use development. In 2011, two major studies introduced methodologies for predicting traffic generation from mixed use development:
i. National Cooperative Highway Research Program (NCHRP) Report 684, “Enhancing Internal Trip Capture Estimation for Mixed- Use Developments,” analyzed internal-capture relationships of mixed-use sites and examined the travel interactions among six individual types of land uses: office, retail, restaurant, residential, cinema, and hotel, and ii. The U.S. EPA–sponsored 2011 report, “Traffic Generated by Mixed-Use Developments — A Six-Region Study Using Consistent Built Environmental Measures,” investigated trip generation, mode choice, and trip length for trips produced and attracted by mixed use developments.
Figure 2: TAZ of 2002 West Patterson Master Plan
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December 7, 2023
Mary Bean
Researchers selected six regions — Atlanta, Boston, Houston, Portland, Sacramento, and Seattle — to represent a wide range of urban scale, form, and climatic condition. It was concluded that the ITE Trip Generation Manual and Handbook overestimate peak traffic generation for mixed-use development by an average of 35 percent.[2] For this project, AMG assumed that approximately 20 percent of trips are internal trips by residents who might be customers for various retail shops, restaurant and other businesses.
Table 1: Proposed Project Trip Generation
For this study, pass-by trip reduction was applied. These trips, known as Pass-By trips, do not result in a route deviation for the existing vehicles as these vehicles are already traveling on a route that provides direct access to the project site. Therefore, these trips result in increased driveway traffic for the project site but do not result in an increase of traffic traveling through the network. Without applying the Pass-By reduction, the trip estimation would effectively double count trips which are attributed to these vehicles.
The ITE estimated Pass-By trips were available for shopping centers, fast-food, restaurant, coffee shop, grocery, and gas/minimart. The percentages of ITE pass-by trips used are listed in Table 1.
Taking into consideration pass-by trips, it is estimated that the project will generate approximately 218 and 406 new trips respectively during the AM and PM peak hours. [2] NCHRP Report 684, “Enhancing Internal Trip Capture Estimation for Mixed- Use Developments,”2011, page 26 Rate In Out Total Rate In Out Total
1 Shoe Store ITE 820 19.20 ksf 0.94 12 7 19 3.81 36 38 74 2 Shushi Restauraunt ITE 931 4.56 ksf 0.73 2 2 4 7.80 24 12 36 3 Fastfood ITE 934 5.00 ksf 44.61 114 110 224 33.03 86 80 166 4 Car Wash A ITE 948 4.76 ksf 0 0 0 14.20 34 34 68
5 Gas/MiniMart ITE 944 12 pump 10.28 62 62 124 13.91 84 84 167 6 Coffee Shop ITE 938 4.10 ksf 39.81 84 80 164 15.08 31 31 62 7 Fastfood ITE 934 4.10 ksf 44.61 93 90 183 33.03 71 65 136 8 Fastfood ITE 934 4.10 ksf 44.61 93 90 183 33.03 71 65 136 9 Grocery ITE 850 14.04 ksf 3.82 32 22 54 9.24 66 64 130 10 Pet Supply A ITE 866 11.91 ksf 0 0 0 3.55 21 22 43
11 Retail ITE 820 4.96 ksf 0.94 3 2 5 3.81 9 10 19
12 Office ITE 712 6.99 ksf 1.67 10 2 12 2.16 5 11 16
13 Office ITE 712 6.99 ksf 1.67 10 2 12 2.16 5 11 16
Total 94.39 515 469 984 543 527 1,069
Shopping Center B ITE 820 - - - -34% -15 -16 -31
Fastfood B ITE 934 -50% -150 -145 -295 -55% -125 -116 -241 Restaurant B ITE 931 0% 0 0 0 -44% -8 -8 -16
Coffee Shop B ITE 938 -90% -103 -99 -202 -98% -32 -29 -61 Grocery B ITE 950 0 0 0 -24% -16 -15 -31
Gas/MiniMart B ITE 944 -58% -37 -35 -72 -42% -36 -34 -70 -290 -279 -569 -232 -218 -450
- - -20% -103 -94 -197 -20% -109 -105 -214
122 96 218 202 204 406
Parcel
# Land Use ITE Code Size
A.M. Peak P.M. Peak
Pass-By Reductions
Sub-Total
Internal Trip Reduction C
20% Internal Trip Assumption
Total New Trips
Note:
A - No AM info provided
B - Pass-By through ITE
C - Internal trips of 20 % used (NCHRP 684) - lower than 30% or more shown in NCHRP 684 or EPA Study ITE Source: ITE Trip Generation Manual 11th Edition, 2022; Pass-By - ITE Handbook 2021;ITE 820 based on TripGenHandbook_3rdEdition_Sep2017
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Packet Pg. 109 Attachment: TM 120723 Sperry Comm # 2 Trip Gen (Resolution No. 2024 -19 Delta Marketplace)
December 7, 2023
Mary Bean
Determine Incremental Difference in Trip Generation
As indicated earlier, the proposed Sperry Commercial Park 2 development project site was approved as a part of the 2003 West Patterson Master Plan as shown in Figure 2. The assumed land use was Research and Development (R&D)
The trip generation for the originally approved 2002 West Patterson Master Plan was based on the zoning and model trips rates that were assumed at that time. TAZ 4 is approximately 171.3 acres. The trip generation estimates for approximately 1.7 ksf R&D were approximately 1,651 and 1,786 trips during the AM and PM peak hours for the site contained in TAZ 4.
The Palms Plaza project that will occupy 12.29 acre of the southwest quadrant of the intersection of Baldwin Road/Sperry Drive is expected to generate approximately 291 and 289 trips during the AM and PM peak hours.2 The Baldwin Ranch is approximately 131.4 acre and estimated to generate approximately 552 and 1,076 trips during the AM and PM peak hours. The total acreage of Palm Plaza and Baldwin Ranch would be approximately 84 percent of the total 171.3 acre in TAZ 4.
Compared to the originally approved 2002 West Patterson Master Plan project, it is estimated that the incremental trip difference due to the proposed Sperry Commercial Park 2 development project and the rest of proposed projects in TAZ 4 when compared to the previously assumed land use in TAZ 4 is shown in Table 2.
Table 2: Incremental Difference Project Trip Generation In summary, after prorated based on the project acreage, the total of proposed projects in TAZ 4 (including Sperry Commercial Park 2, Baldwin Ranch project and Palms Plaza) would generate 558 less trips during the AM peak hour and 14 less trips during the PM peak hour based on new trips generated compared with the originally approved 2002 West Patterson Master Plan project. Detailed information of the 2002 West Patterson Master Plan land use and trip generation assumption are shown in Appendix B.
z:\p2310371 - sperry commercial park 2 project (fcs)\07 report\tm 120723 sperry comm # 2 trip gen.docx 2 Traffic Impact Study for Proposed Palms Plaza Development in Patterson, CA, December 14, 2018 TAZ AM Peak Hr Trips PM Peak Hr Trips Acreage
4 1,651 1,786 171.3
Approved Palms Plaza Trips 291 289 12.29
Approved Baldwin Ranch Trips 552 1,076 131.4
Estimated Sperry Commercial #2 218 406 18.42
Total Sperry Commercial #2, Palms Plaza
& Baldwin Ranch 1061 1771 162.11
Net New Trips (Prorated) -558 -14
W Patterson Master Plan EIR (2002)
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Packet Pg. 110 Attachment: TM 120723 Sperry Comm # 2 Trip Gen (Resolution No. 2024 -19 Delta Marketplace) Advanced Mobility Group | 3003 Oak Rd, Suite 100, Walnut Creek, CA 94597 www.amobility.com
Appendix A
Site Plan
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Packet Pg. 111 Attachment: TM 120723 Sperry Comm # 2 Trip Gen (Resolution No. 2024 -19 Delta Marketplace)
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Packet Pg. 112
Attachment: TM 120723 Sperry Comm # 2 Trip Gen (Resolution No. 2024 -19 Delta Marketplace) Advanced Mobility Group | 3003 Oak Rd, Suite 100, Walnut Creek, CA 94597 www.amobility.com
Appendix B
2002 West Patterson Master Plan Land Use and Trip Generation Assumption
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Packet Pg. 113 Attachment: TM 120723 Sperry Comm # 2 Trip Gen (Resolution No. 2024 -19 Delta Marketplace) Keystone Pacific
.-----..--------------------------------..-------�
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Traffic Analysis Zones (TAZs) in the Project Vicinity
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Packet Pg. 114 Attachment: TM 120723 Sperry Comm # 2 Trip Gen (Resolution No. 2024 -19 Delta Marketplace)
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Packet Pg. 115
Attachment: TM 120723 Sperry Comm # 2 Trip Gen (Resolution No. 2024 -19 Delta Marketplace)
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Packet Pg. 116 Attachment: TM 120723 Sperry Comm # 2 Trip Gen (Resolution No. 2024 -19 Delta Marketplace) Planning Commission Resolution 2024-01
RESOLUTION 2024-01
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF PATTERSON RECOMMENDING APPROVAL OF A GENERAL PLAN
AMENDMENT/REZONE, A PLANNED DEVELOPMENT AND A TENTATIVE PARCEL MAP, FOR AN APPROXIMATELY 94,394 SQUARE FOOT SHOPPING CENTER, LOCATED ON APPROXIMATELY 18.42 ACRES, SOUTH OF SPERRY AVENUE AND
EAST OF HAGGERTY DRIVE
WHEREAS, the City of Patterson has received an application from Eagle Valley Investments for a general plan amendment/rezone, a planned development, and a tentative parcel map for a shopping center, in the West Patterson Business Park area, located south of Sperry Avenue and east of Haggerty Drive, APN 021-098-001, otherwise known as the Delta Marketplace project (“Project”); WHEREAS, the City of Patterson has approved the West Patterson Business Park Master Development Plan in 2003 as a framework for future development of the West Patterson Business Park area;
WHEREAS, an Environmental Impact Report was adopted in 2003 for the West Patterson Projects (SCH No. 2001022031 and SCH No. 2001032037), including a mitigation and monitoring plan; WHEREAS, Patterson City staff conducted a full analysis of the Project to ensure compliance with the City’s General Plan, Zoning Code, the West Patterson Business Park Master Development Plan, and other applicable laws, regulations, and standards;
WHEREAS, staff determined that the Project would not result in any new substantial changes to the West Patterson Projects EIR;
WHEREAS, the Planning Commission of the City of Patterson conducted a duly noticed public hearing for the Project on March 14, 2024, and;
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Packet Pg. 117 Attachment: Reso 2024-01 Sperry Bus Park Delta Marketplace (Resolution No. 2024 -19 Delta Marketplace) Planning Commission Resolution 2024-01
WHEREAS, based on its independent review and analysis, the staff analysis, oral and written testimony, the Planning Commission finds, after due study, deliberation and public hearing that the following circumstances exist:
1. That the amendment/rezone is in the public interest and the general plan as amended will remain internally consistent.
2. That the project is consistent with the applicable general and specific plans of the City of Patterson;
3. That the proposed planned development design, as architecturally and generally illustrated (in part) is consistent with applicable general and specific plans of the City of Patterson;
4. That, in accordance with Municipal Code Section 18.20 (C)(3), Administrative Amendments to a planned development may be approved by the [Community Development Director] if the Director determines that the amendments are minor in character and are in substantial compliance with the previously approved plan;
5. That the site is physically suitable for the proposed planned development;
6. That the designs and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
7. That the designs or type of improvements are not likely to cause serious public health problems;
8. That the designs or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property;
9. That the project is consistent with the Community Design Guidelines.
10. That the map is consistent with the applicable general and specific plans of the City of Patterson;
11. That the design or improvement of the proposed tentative parcel map is consistent with applicable general and specific plans of the City of Patterson;
12. That the design of the tentative parcel map and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat;
13. That the design of the tentative parcel map or type of improvements are not likely to cause serious public health problems;
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Packet Pg. 118 Attachment: Reso 2024-01 Sperry Bus Park Delta Marketplace (Resolution No. 2024 -19 Delta Marketplace) Planning Commission Resolution 2024-01
14. That the design of the tentative parcel map or the type of improvements will not conflict with easements, acquired by the public at large, or access through or use of property within the proposed land division.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Patterson as follows:
1. The Planning Commission recommends approval of the general plan amendment/rezone, the planned development, and the tentative parcel map for the Delta Marketplace project subject to the conditions listed in Exhibit A.
The foregoing resolution was introduced at a regular meeting of the Planning Commission of the City of Patterson, held on the 14
th day of March, 2024, by Vice Chairperson Bendix, who moved its adoption, which motion was duly seconded by Commissioner Apland, and it was upon roll call carried and the resolution adopted by the following vote:
AYES: Chairperson West, Vice Chairperson Bendix, Commissioner Sidhu, Commissioner Apland
NOES: None
EXCUSED: None
ABSENT: Commissioner Anderson
APPROVED:
______________________________
Ron West, Chairperson
City of Patterson Planning Commission
ATTEST:
__________________________________
Lisa Ochoa, Secretary
City of Patterson Planning Commission
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Packet Pg. 119 Attachment: Reso 2024-01 Sperry Bus Park Delta Marketplace (Resolution No. 2024 -19 Delta Marketplace) Condition of Approval
Timing/
Implementation
Enforcement/M
onitoring Verification
1 The project shall comply with all applicable State and Municipal Codes, including the most recently adopted California Building Codes and the California Green Code, and those amended and adopted by the City of Patterson and shall meet the requirements of the Public Works Department, City Engineer, Building Inspector, Community Development Department and Fire Chief.
Ongoing All Departments
2 The applicant shall comply with all conditions of approval and adopted mitigation measures, including payment of fair share costs for street and intersection improvements and mitigation measures associated with the West Patterson Projects Environmental Impact Report SCH Nos. 2001022031 amd 2001032037.
Ongoing All Departments
3 The applicant shall agree to defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition.
Ongoing All Departments
4 That it shall be the applicant/successor in interest's responsibility and obligation to maintain all project related landscaping, both on site and within the public right-of-way in a viable growth condition in perpetuity. It shall not be acceptable to install landscaping in furtherance of an occupancy permit only to subsequently neglect and abandon the landscape elements.
Ongoing Public Works/
Planning
5 Only office and similar uses, as determined by the Community Development Director, shall be allowed in the buildings at the southern corner of the project site, adjacent to residential lots, with the intent of limiting potential nuisances for neighboring properties. Ongoing Planning On-going
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Packet Pg. 120 Attachment: Delta Marketplace Conditions checklist final AMENDED PC (Resolution No. 2024 -19 Delta Condition of Approval
Timing/
Implementation
Enforcement/M
onitoring Verification
6 Automobile-oriented businesses, such as car washes, gas stations, and vehicle maintenance facilities, shall not be located on lots adjacent to Sperry Ave.
Ongoing Planning
7 The applicant shall not utilize the DMC right-of-way in any way without express approval by a land use agreement through USBR (Section 2), or temporary access permit from the Authority, where applicable (Section 3.2.6) Ongoing
San Luis &
Delta Mendota
Water Authority
8 Fencing along the Delta Mendota Canal boundary shall be designed to prevent vandalism and trespassers. Fencing must be installed one-foot outside of canal right-of-way and maintained by the developer. Ongoing
San Luis &
Delta Mendota
Water Authority
9 Full compliance with NEPA is required for any improvements occuring within the Delta Mendota Canal ROW.
Ongoing
San Luis &
Delta Mendota
Water Authority
10 Subsidence is a wide spread issue on the DMC, and all new construction shall take subsidence impacts into consideration for the design life of the structure (Section 4.1.3). Consultation with the Authority and Reclamation will be required to discuss subsidence rates and future predicted elevations.
Ongoing
San Luis &
Delta Mendota
Water Authority
Prior to Recordation of Final Map (Lot Line Adjustment or Parcel Map) 11 That the applicant shall pay the fair share reimbursement fee for work related to the West Patterson Projects Environmental Impact Report.
Prior to building
permit issuance
Planning
12 That the developer shall install a private road sign serving the access easement. Prior to Map Recordation Engineering
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Packet Pg. 121 Attachment: Delta Marketplace Conditions checklist final AMENDED PC (Resolution No. 2024 -19 Delta Condition of Approval
Timing/
Implementation
Enforcement/M
onitoring Verification
13 That the developer shall repair the telecommunications line serving properties south of the project site.
Prior to Map
Recordation Engineering
14 Tha the developer shall backfill the area between the paved access road and the subdivision wall.
Prior to Map
Recordation Engineering
15 That the final map submitted for checking and recordation shall be prepared by a licensed civil engineer or land surveyor, each licensed to practice in the state of California, and shall meet all of the specifications of the state Subdivision Map Act.
Prior to Map
Recordation Engineering
16 That the parcel(s) shall comply with the requirements of the zoning classification for the General Commercial zone.
Prior to Map
Recordation Planning
17 That the approval shall comply with all applicable state and municipal codes and meet the requirements of the City Engineer.
Prior to Map
Recordation All Departments
18 Public utility easements shall be granted as required by the appropriate companies and to the satisfaction of the Public Works Director and City Engineer.
Prior to Map
Recordation
Engineering/
Public Works
19 That any deed of trust encumbering the parcel(s) of land shall be reflected in recordation.
Prior to Map
Recordation Engineering
20 That no non-conforming condition of zoning may be created by this approval. Prior to Map Recordation Planning
21 That, per Patterson Municipal Code Section 16.20.010, failure to record a final map within twenty-four months of the date of approval or conditional approval of the tentative map shall terminate all proceedings, unless otherwise provided for under the Subdivision Map Act; provided, however, that upon application of the subdivider in writing, an extension not exceeding one year may be granted by the planning commission, except as provided under subsections (B) and (C) of this section. In the event the commission denies the subdivider’s application for extension, the subdivider may appeal to the city council. Where proceedings have terminated because of failure to file a final map or failure to receive extension by the planning commission or city council, a new tentative map shall be filed in accordance with the provisions of this chapter before a final map may thereafter be recorded or any lot sold.
Prior to Map
Recordation All Departments
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Packet Pg. 122 Attachment: Delta Marketplace Conditions checklist final AMENDED PC (Resolution No. 2024 -19 Delta Condition of Approval
Timing/
Implementation
Enforcement/M
onitoring Verification
Design Requirements
22 Gates for the access easement at the southern edge of the property shall be designed and installed to prevent unauthorized access to the canal right-of-way. Provided on building/
improvement
plans
San Luis &
Delta Mendota
Water Authority
23 All storm drainage shall be conveyed away from the DMC ROW.
Provided on
building/
improvement
plans
San Luis &
Delta Mendota
Water Authority
24 Grading and storm drainage plans shall be submitted to the Water Authority to ensure the effective diversion of all stormwater away from the Delta Mendota Canal right-of-way. Provided on building/
improvement
plans
San Luis &
Delta Mendota
Water Authority
25 Utility lines, including electric, telephone, and communications, within or directly serving the project shall be placed underground. Appurtenances and associated equipment (e.g., boxes and meter cabinets) and concealed ducts in an underground system may be placed above ground. Appropriate easements shall be provided allowing utility access as appropriate.
Provided on
building/
improvement
plans
Engineering
26 Easement and setback information along the Delta Mendota Canal region shall be provided to the Water Authority. Provided on
building/
improvement
plans
San Luis &
Delta Mendota
Water Authority
27 Sperry Avenue improvements shall include expansion of the south side of Sperry Avenue along the project's boundary to it's approved width as well as an acceleration/deceleration lane. Improvements shall be to city standards and required structural street section.
Provided on
building/
improvement
plans
Engineering
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Packet Pg. 123 Attachment: Delta Marketplace Conditions checklist final AMENDED PC (Resolution No. 2024 -19 Delta Condition of Approval
Timing/
Implementation
Enforcement/M
onitoring Verification
28 Proposed driveways shall comply with city standards, including width. Provided on building/
improvement
plans
Engineering
29 All utilities (water, non-potable water, sewer, storm), including manholes, shall be extended to city standards.
Provided on
building/
improvement
plans
Engineering
30 Any existing utlities in the project area and street frontage shall be replaced/relocated per City Standards and to the satisfaction of the City Engineer.
Provided on
building/
improvement
plans
Engineering
31 Fence materials and design adjacent to the Delta Mendota Canal shall be subject to review and approval by the City Engineer and Community Development Director.
Provided on
building/
improvement
plans
Engineering/
Planning
32 All planted areas shall be separated from driveways by concrete curbs. Provided on building/
improvement
plans
Engineering/
Planning
33 Stop signs with stop bar and legend shall be provided at all project exits and internally as needed to ensure safety and consistent with the Traffic Impact Study findings.
Provided on
building/
improvement
plans
Engineering/
Planning
34 All sight distances for all corners and driveways shall conform to the City's sight distance requirements to the satisfaction of the City Engineer.
Provided on
building/
improvement
plans
Engineering
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Packet Pg. 124 Attachment: Delta Marketplace Conditions checklist final AMENDED PC (Resolution No. 2024 -19 Delta Condition of Approval
Timing/
Implementation
Enforcement/M
onitoring Verification
35 As applicable, streets, alleys, sidewalks, curbs, and gutters adjacent to the project shall be improved as necessary to provide safe vertical and hortizontal transitions to connect improvements constructed within the project to existing improvements, as directed by the City Engineer.
Provided on
building/
improvement
plans
Engineering
36 An onsite phasing paving plan for traffic circulation will be required prior to issuance of a building permit.
Provided on
building/
improvement
plans
Engineering
37 All on-site utilities shall be underground and all utility fixtures, transformers, switching boxes and other installations shall be screened from view.
Provided on
building/
improvement
plans
Engineering/
Planning
38 Per Title 24, CBC Section 11B-208, parking lots shall provide the required number and configuration of accessible parking spaces.
Provided on
building/
improvement
plans
Building
39 That the developer shall provide an accessible pedestrian path of travel from a public sidewalk to a point of building ingress, to the satisfaction of the Building Official, Community Development Director and Engineering Director.
Provided on
building/
improvement
plans
Building/
Engineering/
Planning
40 Infrastructure Improvements required for project development shall include street paving, curb, gutter, street lights, sidewalks, landscaping, the required utilities, grading and drainage.
Provided on
building/
improvement
plans
Public Works/
Engineering/
Planning
41 That landscaping and irrigation plans shall be submitted for on-site and off-site improvements.
Date palm trees shall be installed along the Sperry Avenue frontage landscaping. Prior to building permit
Public Works/
Engineering/
Planning
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Packet Pg. 125 Attachment: Delta Marketplace Conditions checklist final AMENDED PC (Resolution No. 2024 -19 Delta Condition of Approval
Timing/
Implementation
Enforcement/M
onitoring Verification
42 That the access easement (benefitting APN 021-091-010) shall be adjusted westerly to allow for a 3-footwide landscaping strip along the newly constructed masonry wall, thereby enabling unobstructed vehicular travel of farm equipment. Project site review plans shall illustrate landscape and irrigation improvements within the 3-foot-wide strip along the eastern wall, adjacent to the residential lots, with the intent to provide an attractive graffiti deterrent, to the satisfaction of the City Engineer and Community Development Director.
Provided on
building/
improvement
plans
Public Works/
Engineering/
Planning
REVISED Per
Planning
Commission
3-14-24
43 That a decorative entryway feature shall be included at the southern-most driveway (along the access easement), substantially consistent with common project architectural elements, subject to consultation with the owner of APN 021-091-010 (2460 Sperry Ave.) and to the satisfaction of the Community Development Director.
Provided on
building/
improvement
plans
Engineering/
Planning
REVISED Per
Planning
Commission
3-14-24
44 At the time of Public Improvement Plan review, plans shall be submitted to all applicable public utility companies for review. Comments from the utilities regarding required easements, transformer locations, etc. shall be forwarded to Public Works Department for review and approval.
Provided on
building/
improvement
plans
Engineering/
Planning
45 All required public improvements shall be designed and constructed in accordance with the City of Patterson Standard Specifications and Drawings, including any standards updated prior to approval of the improvement plans.
Provided on
building/
improvement
plans
Public Works/
Engineering/
Planning
46 That a master sign plan shall be submitted for review and approval. Prior to building permit Planning
47 All signage shall be submitted for a sign permit and shall be in accordance with relevant provisions of the Patterson Zoning Ordinance and sign program and that any proposed monument sign shall be constructed with design elements and materials reflective of the common project architectural elements.
Prior to building
permit Planning
48 That plans for decorative elements located within the on-site roundabout shall be submitted for review and approval. Prior to building
permit Planning
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Packet Pg. 126 Attachment: Delta Marketplace Conditions checklist final AMENDED PC (Resolution No. 2024 -19 Delta Condition of Approval
Timing/
Implementation
Enforcement/M
onitoring Verification
49 That plans showing decorative features for the northwest corner of the site adjacent to the Sperry Ave./Haggerty Dr. intersection and for the Sperry Avenue entry to the site, shall be submitted for review and approval. Example corner treatements may include elements such as outside dining, trellisses, enhanced landscaping, etc.
Prior to building
permit Planning
50 Site plan and architectural designs for all development within the project area shall be substantially consistent with the Planned Development #22-03, as approved and generally illustrated (in part), and with the Community Design Guidelines.
Prior to building
permit Planning
51 The location and design of any shopping cart corrals shall be subject to review and approval.
Prior to building
permit Planning
52 That each building's parking spaces shall be provided consistent with minimum Municipal Code requirements. Prior to building
permit Planning
53 Setbacks shall be verified by a licensed surveyor. Prior to building permit Engineering
54 That the project shall be designed to meet LID standards. The City of Patterson PostConstruction Stormwater Standards Manual shall be followed for guidance AND full trash capture devices shall be installed.
Provided on
building/
improvement
plans
Public Works/
Engineering
55 Low Impact Development (LID) for storm water runoff shall be accommodated within the landscaping area prior to draining to the regional basin.
Provided on
building/
improvement
plans
Public Works/
Engineering
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Packet Pg. 127 Attachment: Delta Marketplace Conditions checklist final AMENDED PC (Resolution No. 2024 -19 Delta Condition of Approval
Timing/
Implementation
Enforcement/M
onitoring Verification
56 All trash enclosures shall be constructed to comply with the latest Health Department and Storm Water regulations (located at least 50' from any stormdrain inlet, have covers, have adequate secondary containment, etc.). Trash enclosures shall be sized to comply with commercial and organics recycling requirements. The project shall install 100 percent full trash capturing devices to comply with Stormwater Regulations and provide the City with a copy of the maintenance plan. A maintenance agreement will be required and devices must be adequately maintained and business must sign up with the City’s FOG program to ensure maintenance. The trash enclosure design shall use colors and materials consistent with the travel center. For grease cleaning purposes, a hot and cold-water supply to the trash enclosure shall be provided. The sewer drain from trash enclosures shall run through the sewer interceptors. All trash enclosure plans shall be reviewed and approved by the City’s Planning Department.
Provided on
building/
improvement
plans
Public Works/
Engineering/
Planning
57 That a grease interceptor shall be provided as required by the city engineer, including for food establishments/kitchens. Grease interceptor shall be constructed on private property, on the sewer service lateral for any facility whose operation will result in oil, grease, sand, or other solids being discharged into the City's sanitary sewer system. Interceptors shall confrom to the lastest California Plumbing Code Standards and all grease interceptors shall have a sample point and shall be constructed outside the building where they can easily be inspected for proper operation by the City. Any business that has a Grease Interceptor/Trap shall enroll in the City's Fats, Oil and Grease (FOG) Program.
Provided on
building/
improvement
plans
Public Works/
Engineering
58 Interior vehicle travelways shall be designed to be capable of withstanding loads imposed by trash and delivery trucks.
Provided on
building/
improvement
plans
Public Works/
Engineering
59 The project shall conform to the requirements of AB 939 and AB 1826 (Recycling).
Commercial projects shall submit a Construction Waste Management Plan for the City's review/approval. All businesses generating four cubic yards of waste or more, per week, must comply with AB 939 Commercial Recycling requirements.
Provided on
building/
improvement
plans
Public Works
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60 Plans for off-site public improvements and landscape plans must be submitted to the City Engineer for review and approval.
Provided on
building/
improvement
plans
Engineering
61 Project shall comply with all Stormwater Pollution Prevention and Valley Air Pollution Control District regulations, including the City’s Post Construction/LID Standards and the Construction Activities Storm Water General Permit.
Provided on
building/
improvement
plans
Public Works
62 That prior to building permit issuance, the applicant shall provide a plan for parking, including ADA facilities. All end parking spaces adjacent to raised curbing shall be one foot wider than the normal stall width (10 feet total).
Provided on
building/
improvement
plans
Planning/
Engineering/
Building
63 A 20' wide fire lane shall be maintained throughout the site. An approved fire apparatus turn around shall be provided. Fire lane and turn around shall be an all-weather surface.
Provided on
building/
improvement
plans
Fire
64 If, the site grading area exceeds one acre or is part of a larger common plan of development, therefore the applicant must obtain a Construction Activities Storm Water General Permit. In addition, a State's WDID number, SWPPP, and Storm Water Pollution Prevention Manager Information shall be required.
Provided on
building/
improvement
plans
Public Works/
Engineering
65 On-site and off-site storm water runoff shall be detained and metered into the storm drainage system to the satisfaction of the City Engineer.
Provided on
building/
improvement
plans
Engineering
66 For new water service or existing water service, a Reduced Pressure Backflow prevention apparatus shall be installed per City Standards.
Provided on
building/
improvement
plans
Engineering/
Public Works
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onitoring Verification
67 Street lighting shall be provided consistent with City standards. Location and material shall be approved by the Public Works Department. All new street lighting shall be LED.
Provided on
building/
improvement
plans
Engineering/
Public Works
68 Street trees shall be installed along public rights of way to City standards. Street trees shall comply with the City's approved street tree plan and species list.
Provided on
building/
improvement
plans
Public Works
69 Frontage improvements shall be installed including sidewalk, curb, gutter, and commercial driveways. Pavement, sidewalk and driveway approach improvements shall require compaction tests per City Standards.
Provided on
building/
improvement
plans
Engineering/
Public Works
70 All curb ramps (both sides of drive approaches) shall be Type-1 City Standard Detail 3-T and meet all new updated ADA standards.
Provided on
building/
improvement
plans
Engineering/
Public Works
71 New AC pavement shall be connected to the existing pavement with 2" deep and 2' wide grind of existing pavement with geofabric and tac-coat.
Provided on
building/
improvement
plans
Engineering/
Public Works
72 New AC pavement shall be connected to existing pavement with 2" deep and 2' wide grind of existing pavement with geofabric and tac-coat.
Provided on
building/
improvement
plans
Engineering/
Public Works
73 Moisture barrier shall be installed behind sidewalk and medians. Provided on building/
improvement
plans
Engineering/
Public Works
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Timing/
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74 Landscaping shall be provided along the frontage of the property. Landscaping plan shall be subject to review and approval by the Public Works and Community Development Departments.
Provided on
building/
improvement
plans
Public Works/
Planning
75 Project shall comply with all applicable stormwater regulations (Federal, State, and Local).
The applicant shall work with the City as it monitors the project during construction activities and perform adequate inspections as required by the City's MS$ Phase II Permit. A deposit account shall be established by the developer/project owner to cover all SWPPP inspections conducted by the City.
Provided on
building/
improvement
plans
Public Works
76 That storm drainage infrastructure shall be designed to meet the post-construction stormwater standards and AB 1881 requirements. Storm drainage plans shall be engineered and/or developed by a Qualified Stormwater Designer (QSD). Prior to dedicating any basin/storm drainage facility to the City, they shall meet City Standards, stormwater regulations, be set-up with SCADA, and be included in the maintenance district to provide funding for on-going maintenance. Any temporary basin shall have adequate Best Management Practices (BMPs) and shall be monitored and inspected by a QSP to ensure stormwater compliance. The temporary basin shall have a monitoring gauge to monitor the levels as well as have an emergency contingency plan to address high levels during the heavy storm season. Any discharge to the City's storm system is prohibited and requires the City's authorization and lab sampling to ensure water quality meets State requirements. All costs associated with discharge/sampling are the responsibility of the developer/project owner. A secured maintenance agreement shall be required to ensure that the basin is monitored, maintained, and completed to satisfy state, local, federal stormwater and FEMA regulations.
Provided on
building/
improvement
plans
Public Works
77 All utilities shall be routed to existing rights-of-way rather than utility easements. Provided on building/
improvement
plans
Public Works
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78 Fire hydrants shall be located to the Fire Inspector's specifications. Fire hydrants and fire hydrant flows shall meet all City of Patterson standards.
Provided on
building/
improvement
plans
Fire
79 That a Fire Department Connection (FDC) shall be located at the street. The FDC shall be within 75' of a fire hydrant, and 25' away from a driveway. The FDC shall be equipped with locking FDC plugs.
Provided on
building/
improvement
plans
Fire
80 All facilities shall be connected to the City's municipal system for water, sewer, and storm and be signed up for services prior to operation.
Provided on
building/
improvement
plans
Engineering/
Public Works
81 Water, sewer and storm calculations shall be provided for review during plan submittal. Provided on building/
improvement
plans
Engineering/
Public Works
82 All water meters shall be placed 1-foot behind the sidewalk with reduced pressure backflows.
Backflow prevention decives shall be as close as possible to the water meter box.
Provided on
building/
improvement
plans
Engineering/
Public Works
83 Landscaping and water service shall include reduced pressure back flow prevention devices. Provided on building/
improvement
plans
Engineering/
Public Works
84 The project shall connect to the City's non-potable water system for landscape and irrigation purposes.
Provided on
building/
improvement
plans
Engineering/
Public Works
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85 All on-site water lines and fire hydrants shall be private. Provided on building/
improvement
plans
Engineering/
Public Works
86 All non-potable water valves shall be Christy G-4 with triangular lid purple in color or approved equal.
Provided on
building/
improvement
plans
Engineering/
Public Works
87 Non-potable water main and appurtenances shall be installed as required by the City for demands that are compatible with non-potable water, including, but not limted to landscape irrigation and vehicle washing. Non-potable water system and installation shall be in accordance with the latest version of the City's non-potable water standards or guidelines, including pipe color, signage, cross connection control program, etc. Connection to the nonpotable water system shall be required when it becomes available. Connection shall be made by the owner at no expense to the City. City engineer may ask the owner to pay their fair share in lieu of installation of the non-potable system.
Provided on
building/
improvement
plans
Engineering/
Public Works
Prior to Grading
88 Any abandoned wells on the project site shall be destroyed in accordance with requirements of the Stanislaus County Environmental Health Division prior to issuance of any grading permit or other site improvements. All abandoned/destroyed wells shall be clearly shown on the improvement plans for the project. A well destruction permit shall be required by Public Works prior to starting the work and inspections/confirmation of well destruction shall be confirmed by the Public Works Department.
Prior to grading
permit Public Works
89 Prior to the approval of grading and public improvement plans, the applicant shall establish a deposit account for plan check and inspection costs, post bonds as appropriate and obtain an encroachment permit as required.
Prior to grading
permit
Public Works/
Engineering
90 Complete grading and drainage plans shall be submitted for review and approval by the City Engineer.
Prior to grading
permit Engineering
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91 At the time of grading/improvement plan submittal, the applicant shall deposit with the City, at time of plan check submittal, adequate funds to employ a qualified independent engineering consultant selected by the City to review grading and drainage improvement plans and to inspect the site prior to and during all major site preparation and grading. A qualified Soils Engineer shall submit tests and reports to certify each parcel as ready for construction prior to starting foundations.
Prior to grading
permit Engineering
92 Where the difference in average elevations between adjacent lots is in excess of six inches, slope shall not exceed 2 to 1 grade or a grade found reasonable in the soils report, or a retaining wall shall be required.
Prior to grading
permit Engineering
93 Prior to any site grading or construction, an erosion control plan and program shall be submitted to and approved by the Public Works Department. Said plan and program shall address specific temporary and permanent erosion control measures associated with the project.
Prior to grading
permit Public Works
94 It is the contractor’s responsibility to use watering, dust fences, or other methods as directed by the City, to control dust throughout the construction operation. The applicant shall use all reasonable efforts to obtain non-potable water for construction or dust control purposes. This condition shall not be interpreted as prohibiting the use of City water supplies for the irrigation of street lines and landscaping required in common areas.
Prior to grading
permit Public Works
95 All grading construction debris materials shall be removed and disposed into an approved dump site prior to any excavation or fill operations and/or as specified by the Solid Waste Management Plan and/or directed by Public Works. All grading activities must comply with all stormwater regulations including stabilization of any soil disturbed area. All excess dirt must be leveled and/or disposed of correctly and may not be taken to a facility that is not listed in the SWPPP of Solid Waste Management Plan and/or approved by the City.
Prior to grading
permit Public Works
96 The applicant or his/her agents or employees shall be responsible for removal and clean-up of any spill on public streets during his/her entire grading operations.
Prior to grading
permit Public Works
97 Lots shall drain in such a manner that there will be no undrained depressions. The design of all such drains shall be subject to the review and approval of the City Engineer.
Prior to grading
permit Engineering
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98 An engineering cost estimate shall be submitted with the grading and improvement plans for public improvements. The applicant's engineer shall sign and stamp the calculation and cost estimates prior to issuance of grading and encroachment Permits.
Prior to grading
permit Engineering
99 Prior to issuance of the grading permit, final right-of-way width and routes for drainage channels, pipelines, and service roads needed shall be established.
Prior to grading
permit Engineering
100
Measures to control erosion during construction shall be incorporated into the grading plans, and shall be subject to review and approval by the City Engineer.
Prior to grading
permit Engineering
101
Prior to issuance of a grading permit, the applicant shall submit a soils report, prepared by a registered geologist or qualified civil engineer, concerning soil conditions for grading, excavations, slope stabilization and revegetation, and footing and foundation construction.
Prior to grading
permit Engineering
102
The applicant shall obtain a grading permit for on-site excavation and fill prior to construction.
Prior to grading
permit Engineering
103
Prior to concrete pour inspection, compaction tests are required for all footings. Prior to grading permit Engineering
104
The project shall obtain an Industrial Stormwater Permit under the State Water Board and Regional Water Quality Control Board general permit, if applicable.
Prior to grading
permit Public Works
Construction Phase
105
Construction shall be limited to between the hours of 7:00 a.m. and 6:00 p.m. on non-holiday weekdays, and on Saturdays to between the hours 8:00 a.m. and 6:00 p.m.; that additional hours may be permitted at the discretion of the Public Works Director. Construction activities may be allowed at any time on the interior of buildings once they are entirely enclosed, in conformance with the City’s noise ordinance.
During
Construction Public Works
106
The applicant shall be responsible during construction for cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the subject site. The flushing of dirt and debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning shall be done after each day's work or as directed by the Director of Public Works or the Planning Department.
During
Construction Public Works
107
All water, gas, sewer, underground electrical power, cable TV, telephone lines, conduits, or underground drain lines shall be installed before any paving is placed.
During
Construction Engineering
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108
That all weather access shall be provided and maintained through the site for properties utilizing the access easement during construction activities.
During
Construction Engineering
109
Prior to issuance of a building permit, an exterior lighting plan and site lighting footcandle plan shall be prepared subject to the review and approval of the Community Development Department. Lighting shall meet City standards, including mounting, aiming, and shielding light fixtures to prevent glare, light trespass, and light pollution. Onsite lighting and fixture type shall be submitted for review and approval.
Prior to building
permit issuance
Planning/
Engineering
110
For landscape and irrigation within the public ROW, a deposit shall be required to cover the installation of irrigation, landscaping, and plant materials (relocation) based upon the estimate of costs to be paid for and provided by the applicant. Project landscape plans must comply with AB1881 (Water Use Efficiency) requirements. Once the landscaping is complete an audit must be completed and the certificate sent into the City.
Prior to building
permit issuance Public Works
111
Prior to building permit issuance, the applicant shall submit to the City for review and approval a grading and drainage plan in compliance with all applicable regulations of the City of Patterson.
Prior to building
permit issuance Engineering
112
The applicant shall annex into all applicable Community Facilities Districts (CFDs) and/or Maintenance Districts that the City has in place for providing services to the site and/or ongoing maintenance of any improvements that the City will take over (CFD 2013-01, Landscape Maintenance Districts (LMDs) Benefit Assessment Districts (BADs), County Service Area (CSA) and pay for all costs associated with this item.
Prior to building
permit issuance
Finance/ Public
Works/
Engineering
Prior to Building Permit Issuance
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Packet Pg. 136 Attachment: Delta Marketplace Conditions checklist final AMENDED PC (Resolution No. 2024 -19 Delta Condition of Approval
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113
The applicant shall submit a mitigation monitoring plan for review and approval by the City and the San Joaquin Valley Air Pollution Control District (SJVAPCD) for constructionrelated emissions prior to construction. Such a plan shall include provisions for compliance with District Rule VIII and shall include at least the following requirements:
a. All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, or vegetative ground cover.
b. All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. c. All land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking.
d. With the demolition of buildings up to six stories in height, all exterior surfaces of the building shall be wetted during demolition.
e. When materials are transported off-site, all material shall be covered, effectively wetted to limit visible dust emissions, or at least six inches of freeboard space from the top of the container shall be maintained.
f. All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets if and as needed when operations are occurring. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions.) (Use of blower devices is expressly forbidden.) g. Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant.
Prior to building
permit issuance
Engineering/
Planning
h. Limit traffic speeds on unpaved roads to 15 mph; and i. Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent. 114
Public records are to be researched for the location of all possible survey monuments within the scope of the project and report shall be furnished to City Engineer and County Surveyor. Prior to building permit issuance Engineering
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115
Prior to issuance of a building permit, the applicant shall submit a Final Landscape and Irrigation Plan in compliance with AB 1881. The City of Patterson Post-Construction Stormwater Standards Manual shall be followed for guidance. The landscaping plan shall be consistent with City Standards and shall include at least two of the following low impact development methods:
• bioretention
• cisterns and rain barrels
• green roofs
• roof leader disconnection
• permeable and porous paving (must be no less than 20% of walking or patio surface per Section 18.78.040)
• vegetative swell and filter strips
• volume retention
Prior to building
permit issuance
Planning/
Public Works/
Engineering
116
Prior to issuance of a building permit, sufficient water pressure and capacity to serve the project area shall be assured. Water mains shall be installed on-site to provide adequate flow and reliability as required by the Public Works Director, City Engineer, and Fire Chief.
Prior to building
permit issuance
Public Works/
Engineering/
Fire
117
Design of the proposed project facilities shall include provisions to minimize water requirements, including the use of the following, to the extent deemed practical by the City:
a. Use of low-flow fixtures, including shower heads and toilets as per the Uniform Building Code.
b. Use of drought-tolerant, native landscaping.
Prior to building
permit issuance
Public Works/
Engineering
118
Separate water meters shall be installed for landscaping and indoor water services. Prior to building permit issuance
Public Works/
Engineering
119
The project shall comply with City of Patterson Best Management Practices as defined in the City’s latest Urban Water Management Plan, California Urban Water Conservation Council BMPs, AB 1881, and mandatory water conservation measures defined in the State of California Green Building Code.
Prior to building
permit issuance
Public Works/
Engineering
120
Future drainage system discharges shall comply with applicable state and federal pollutant discharge requirements.
Prior to building
permit issuance
Public Works/
Engineering
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121
Appropriate storm and sewer interceptors shall be included to the satisfaction of the City Engineer and Public Works Director. Use of a grease/oil interceptor shall be required and shall be located on private property on the sewer service lateral to the satisfaction of the Public Works Director and City Engineer.
Prior to building
permit issuance
Public Works/
Engineering
122
A Stormwater Pollution Prevention Plan (SWPPP) shall be completed and submitted to the City prior to any construction activities and must address grading, drainage, erosion control, and Post Construction Best Management Practices (BMPs). In compliance with the City’s Post-Construction Stormwater Standards Manual, an Operations and Maintenance Plan also must be submitted. A SWPPP Inspection Deposit must be posted with the City to cover all SWPPP Inspections for the duration of the project.
Prior to building
permit issuance
Public Works/
Engineering
123
The developer shall enter into a Landscape and Stormwater Control Measures (SCMs) & Access Agreement which holds the developer responsible for the ongoing maintenance of all private landscaping and stormwater treatment control measures installed on the project. The agreement shall be signed prior to inspections.
Prior to building
permit issuance Public Works
124 If using truncated domes, City prefers "Set in Place" domes. Prior to building permit issuance Public Works
125
Water meters shall be ordered and purchased through the Public Works Department. Prior to building permit issuance Public Works
126
If construction water will be obtained from the City's Fire Hydrant(s), a Fire Hydrant Use permit Application shall be submitted and approved by the Public Works Department. Prior to building permit issuance Public Works
127
That the developer shall submit a Construction and Demolition Waste Management Plan to the Public Works Department. The City shall require a final package prior to obtaining final approval to be submitted to ensure 60% diversion rate has been achieved.
Prior to building
permit issuance Public Works
128
If the property is within a Special Flood Hazard Area, applicant shall obtain a floodplain development permit and build according to floodplain standards.
Prior to building
permit issuance Public Works
129
All pre-existing sewer laterals and storm drain lines shall be video inspected to ensure that the lines are clear of any debris and that they are not damaged.
Prior to building
permit issuance Public Works
130
That the project shall establish garbage services and comply with mandatory commercial recycling - AB 341 and organics recycling - AB 1383.
Prior to building
permit issuance Public Works
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131
All landscaping in the Public Right-of-Way shall be subject to review and approval by the Public Works and Community Development Department.
Prior to building
permit issuance
Public Works/
Planning
132
All pre-existing public improvements adjacent to the project area shall meet current City Standards and ADA standards.
Prior to building
permit issuance
Building/
Engineering
133
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 (5000) square feet. If the provisions of the current California Fire Code are more restrictive, then the more restrictive requirement shall apply.
Prior to building
permit issuance Fire
134
Bicycle racks, consistent with the Municipal Code, shall be designed and installed in accordance with City Standards, with placement to be approved by the Community Development Department.
Prior to building
permit issuance Planning
135
That for each building, all ducts, meters, air conditioning equipment and all other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view with materials architecturally compatible with the main structure. This includes gas and electric meters, electric transformers, and large water piping systems to be completely screened from a standard public viewing height of 6 feet. All roof-mounted equipment which generates noise, solid particles, odors, etcetera, shall cause the objectionable material or effects to be directed away or shielded from adjoining land designated for residential development. A plan for the treatment of roof top equipment shall be submitted to the Planning Department prior to issuance of a building permit.
Prior to certificate
of occupancy Planning
136
That the new entry roadway/driveway from Sperry Avenue to the roundabout and from Haggerty Drive to the roundabout shall be approved and fully constructed. Prior to occupancy of parcels seven through eleven, the driveway extending south from the roundabout to the southern entry on Haggerty driveway shall be approved and fully constructed.
Prior to certificate
of occupancy Engineering
Prior to Certificate of Occupancy
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Packet Pg. 140 Attachment: Delta Marketplace Conditions checklist final AMENDED PC (Resolution No. 2024 -19 Delta Condition of Approval
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137
Any street, alley, sidewalk, curb, or gutter, damaged by the applicant or its agents or employees shall be repaired, prior to final acceptance of tract improvements by the City Council, or sooner, at the discretion of the City Engineer.
Prior to certificate
of occupancy Engineering
138
That mail receptacles shall be provided as required by the Postmaster of the City of Patterson.
Prior to certificate
of occupancy Planning
139
A “Landscape & Stormwater Treatment Control Maintenance & Access Agreement" shall be required to ensure the maintenance of all landscaping and Stormwater treatment control devices/post-construction BMPs that will be owned and maintained by the project owner onsite. The agreement will be reviewed and approved by the City Council and recorded at the County Recorder’s Office.
Prior to certificate
of occupancy Public Works
140
Project shall be required to stabilize the project for stormwater compliance and work with the City to perform a Final Stormwater inspection and acquire a Notice of Termination for the project. All construction/temporary BMPs must be removed and all post-construction BMPs/stormwater treatment controls be in place and properly inspected.
Prior to certificate
of occupancy
Public Works/
Engineering
141
Final inspection of the sewer and storm drain system shall be by televised inspection device as approved by the City Engineer at applicant’s expense. Prior to certificate of occupancy Engineering
142
A reciprocal access and parking agreement shall be recorded on all sites, to the satisfaction of the Community Development Director. Prior to certificate of occupancy Planning
143
That a reciprocal maintenance agreement, subject to approval by the City Engineer and Community Development Director, shall be recorded on all parcels within the project area, to provide for the care and maintenance of shared private facilities, such as paving and landscaping.
Prior to certificate
of occupancy Planning
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Packet Pg. 141 Attachment: Delta Marketplace Conditions checklist final AMENDED PC (Resolution No. 2024 -19 Delta Condition of Approval
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144
That trash pickup service shall be provided to the property at APN 021-091-010 (2460 Sperry Ave.) following consultation with the trash disposal service, subject to review and approval by the Community Development Director.
Prior to certificate
of occupancy Planning
ADDED PER
Planning
Commission
3-14-24
145
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 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.
Prior to certificate
of occupancy Fire
146
To facilitate emergency response, 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.
Prior to certificate
of occupancy Fire
147
The main electrical service shall be accessible for emergency shut off from the outside of the buildings. This may be accomplished by providing one main disconnect, a Knox disconnect or shunt trip device. If, out of necessity, there is more than one (1) main service disconnect, these disconnects shall be located in close proximity to each other as approved by the Fire Chief.
Exception: Electrical control room with a marked door that is directly accessible from the outside of the building.
Prior to certificate
of occupancy Fire
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Packet Pg. 142 Attachment: Delta Marketplace Conditions checklist final AMENDED PC (Resolution No. 2024 -19 Delta Condition of Approval
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148
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 constructed. 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, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. Fire hydrants shall be accessible to the Fire Department apparatus by roads meeting the requirements of CA Fire Code.
Prior to certificate
of occupancy Fire
149
Approved fire extinguishers be installed within the building(s) and shall be at least a 2A10BC.
Prior to certificate
of occupancy Fire
150
All fire lanes must be posted and enforced, per Police and Fire Department Guidelines.
Prior to certificate
of occupancy Fire
151
Fire Department approved key boxes (Knox Key Box) shall be installed and secured in accordance with manufacturer's specifications and mounted to the right of the main entrance door with the top of box no higher than 6’ above finished grade.
Prior to certificate
of occupancy Fire
152 Manual sliding or electrically operated gates that cross fire access shall be required to be equipped with an Knox Key Switch used by the Patterson Fire Department Prior to certificate
of occupancy Fire
153 Knox locking caps for fire department connections shall be required on all new construction. Prior to certificate of occupancy Fire
154
A certificate from Underwriters Laboratories (UL) shall be required on all commercial fire alarm systems installed and shall be maintained for commercial fire alarm systems throughout the life of the alarmed building.
Prior to certificate
of occupancy Fire
24 7.1.m
Packet Pg. 143 Attachment: Delta Marketplace Conditions checklist final AMENDED PC (Resolution No. 2024 -19 Delta City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Douglas White, Deputy City Attorney
MEETING DATE: April 2, 2024
ITEM NO: 8.1
SUBJECT: Adopt Resolution No. 2024-20, Approving Two Agreements Relating to the Ivy Rose Area of the Zacharias Master Plan: (1) A Water/Sewer Connection and Sound Wall Agreement with Property Owners in the Ivy Rose Area; and (2) An Agreement with Developers of the Zacharias Master Plan for the Construction of Public Improvements.
RECOMMENDATION
Motion to Adopt Resolution No. 2024-20, Approving Two Agreements Relating to the Ivy Rose Area of the Zacharias Master Plan: (1) A Water/Sewer Connection and Sound Wall Agreement with Property Owners in the Ivy Rose Area; and (2) An Agreement with Developers of the Zacharias Master Plan for the Construction of Public Improvements.
BACKGROUND
In August 2022, the City Council adopted the Zacharias and Baldwin Ranch Master Plan (“Master Plan”). The Master Plan provides a comprehensive development plan for approximately 1,296 acres located north of City limits and an additional 66 acres located south of City limits. In November 2022, the City filed a proposal with the Stanislaus County Local Agency Formation Commission (“Stanislaus LAFCO”) to annex the areas outlined in the Master Plan.
On July 26, 2023, Stanislaus LAFCO approved the City’s reorganization proposal, subject to certain terms and conditions. The required protest proceeding was held on September 20, 2023.
The protest hearing failed to yield the necessary level of support to confirm the City’s reorganization proposal. The annexation is now subject to an election of the registered voters in the Master Plan area, which will be held by mail ballot on April 9, 2024.
8.1 Packet Pg. 144
The “Zacharias Area” of the Master Plan is divided into five (5) development areas. Four (4) of the development areas are controlled by the major developers of the Master Plan (collectively, the “Developers”). The other development area is referred to as the “Ivy Rose Area.” The Ivy Rose Area is approximately 143 acres in the eastern portion of the Master Plan adjacent to Ward Avenue and State Route 33. The Ivy Rose Area contains existing residents and agricultural lands.
To advance development of the Master Plan and integrate Ivy Rose Area property owners into the City, City staff has prepared two (2) agreements: one (1) agreement between the City and property owners in the Ivy Rose Area, and one (1) agreement between the City and the Developers.
PROPERTY OWNER AGREEMENT: WATER/SEWER CONNECTION AND SOUND
WALL AGREEMENT
City staff has conducted outreach and met with property owners in the Ivy Rose Area to discuss development conditions after annexation of the Master Plan. City ordinances require that parcels located within City limits must be connected to the City water and sewer systems, at such times that there are water or sewer mains available within certain distances of the parcel.
As an effort to integrate the Ivy Rose Area into the City and facilitate development of the Master Plan, City staff has composed a form agreement for property owners in the Ivy Rose Area (“Property Owner Agreement”). The Property Owner Agreement seeks to minimize the costs of connecting to the City’s water and sewer systems while also ensuring connection to the City systems at some point in the future. The Property Owner Agreement also provides for construction of a sound wall along the border of the Ivy Rose Area.
Terms and conditions included in the Property Owner Agreement are summarized as follows:
· Requirement for System Connection. Property owners in the Ivy Rose Area would not be required to connect to the City’s water and sewer systems, until such time in the future that the property develops or is subdivided.
· Impact Fees. For existing residences, voluntary connections to the City’s water and sewer systems would not require payment of impact fees. However, connections to the water and sewer systems upon future development or subdivision of the property would require payment of impact fees.
· Costs of Water and Sewer Pipelines. The Developers will be responsible for installing the water and sewer pipelines that will serve the Ivy Rose Area, including laterals stubbed out to the property line. The property owners would be responsible for installing the service lines inside of the property line.
· Abandonment of Septic Systems. When the property connects to the City sewer system, the landowner will be required to abandon and destroy the septic systems on the property.
8.1 Packet Pg. 145
· Sound Wall. A paseo is planned along the border between the Ivy Rose Area and the neighboring development areas, running north-south within the Master Plan. The Developers will be responsible for installing a sound wall as the adjacent project areas develop. The City has included conditions for the sound wall relating to design, maintenance, and access to the Ivy Rose Area properties. Upon future development of the Ivy Rose Area, the City may also require removal of the sound wall. · Term. The benefits contained in the Agreement will expire after thirty (30) years (e.g., waiver of impact fees, deferral of the requirement to connect to the City’s water and sewer systems). After 30 years, the property owners will be subject to all applicable City ordinances and policies.
AGREEMENT WITH DEVELOPERS: ZACHARIAS PROJECT AGREEMENT FOR
THE IVY ROSE AREA
The Property Owner Agreement is contingent on the City and the Developers agreeing to terms and conditions for construction of public improvements. The agreement with the Developers (“Developer Agreement”) provides the following terms and conditions:
· Water and Sewer Pipelines. The Developers will be responsible for installing water and sewer lines along Rose Avenue, Ivy Avenue, and Ward Avenue. The improvement obligation includes laterals stubbed out to the property lines of existing properties in the Ivy Rose Area. Installation of these water and sewer lines will occur in conjunction with development of the adjacent project areas.
· Sound Wall. The Developers have agreed to install the sound wall along the border of the Ivy Rose Area. The City has included conditions for the sound wall relating to design, acceptance by the City, and ongoing maintenance.
· Financing. The public improvements will be obligations of the Developers and included as conditions for development of the adjacent project areas. It is anticipated that an infrastructure community facilities district (“Infrastructure CFD”) will be formed to assist with the financing of the backbone infrastructure. The water lines, sewer lines, and sound wall will be eligible for financing from the Infrastructure CFD formed for the Master Plan project.
FISCAL IMPACT
Water and sewer connections involve costs for property owners, such as construction costs and impact fees. The Property Owner Agreement is an effort to integrate Ivy Rose Area property owners into the City and minimize costs of connection.
The Developers will construct the water line and sewer lines improvements up to the property lines of the Ivy Rose Area. The Developers will also construct the sound wall requested by property owners in the Ivy Rose Area. These public improvements are obligations of the Developers and will likely be financed by the Infrastructure CFD formed by the Master Plan project.
8.1 Packet Pg. 146
The agreements are unlikely to have a significant impact on the City’s capital facility obligations. The Developers will be responsible for constructing the public improvements for the benefit of the Ivy Rose Area. The Master Plan project areas will also be annexed into maintenance community facilities districts, which will fund the City’s ongoing maintenance obligations.
COUNCIL OPTIONS
1. Approve and authorize execution of the Property Owner Agreement and the Developer Agreement.
2. Propose specific modifications to the Property Owner Agreement or the Developer Agreement for City staff to review before bringing the agreements back to Council for approval at a future time.
3. Deny the attached resolution, in which case the City Manager would not be authorized to execute the attached agreements.
ATTACHMENTS
1. Resolution No. 2024-20
EXHIBIT A: Zacharias Project Agreement for the Ivy Rose Area (referred to herein as the “Developer Agreement”)
EXHIBIT B: Water/Sewer Connection and Sound Wall Agreement (referred to herein as the “Property Owner Agreement”)
8.1 Packet Pg. 147
{CW136990.3}
RESOLUTION 2024-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON
APPROVING TWO AGREEMENTS RELATING TO THE
IVY ROSE AREA OF THE ZACHARIAS MASTER PLAN:
(1) A WATER/SEWER CONNECTION AND SOUND WALL AGREEMENT WITH PROPERTY OWNERS IN THE IVY ROSE AREA; AND (2) AN AGREEMENT WITH
DEVELOPERS OF THE ZACHARIAS MASTER PLAN FOR CONSTRUCTION OF
PUBLIC IMPROVEMENTS
WHEREAS, on August 16, 2022, the Patterson City Council (“City Council”) authorized City staff to file a proposal with the Stanislaus Local Agency Formation Commission to annex approximately 1,375 acres located outside of City limits, known as the “Zacharias-Baldwin Ranch Master Plan Reorganization;” and
WHEREAS, the “Zacharias-Baldwin Ranch Master Plan Reorganization,” commonly known as the Zacharias-Baldwin Ranch Master Plan project (“Master Plan”), is subject to a mail ballot election to be held on April 9, 2024; and
WHEREAS, the “Zacharias Area” of the Master Plan is located north of existing City limits, generally bounded by Zacharias Road to the north, Ward Avenue to the west, and Rogers Road to the east; and
WHEREAS, the Zacharias Area is divided into five (5) development areas; and WHEREAS, the “Ivy Rose Area” is located in the eastern portion of the Zacharias Area adjacent to Ward Avenue and State Route 33. The Ivy Rose Area contains existing residences and agricultural lands; and
WHEREAS, the other four (4) development areas are controlled by the four (4) major developers of the Master Plan (collectively, the “Developers”); and WHEREAS, parcels located within City limits are required to connect to the City water and sewer systems, in accordance with City ordinances, policies, and standards; and WHEREAS, City staff has conducted outreach and met with property owners in the Ivy Rose Area to discuss terms and conditions for connection to the City water and sewer systems and also construction of a sound wall, upon annexation of the Master Plan area into City limits; and WHEREAS, the Developers have agreed to construct certain public improvements for the benefit of the Ivy Rose Area; and
WHEREAS, the purpose of this Resolution is to approve and authorize execution of the following two (2) agreements: (1) the “Zacharias Project Agreement for the Ivy Rose Area” with the Developers of the Master Plan, attached and incorporated hereto as Exhibit A (“Developer Agreement”), and (2) a “Water/Sewer Connection and Sound Wall Agreement” with property
8.1.a
Packet Pg. 148 Attachment: Resolution No. 2024- 20 Ivy Rose Agreements (Resolution No. 2024-20 Approving Two AgreementsRelating to Ivy Rose Area) {CW136990.3}
owners in the Ivy Rose Area, attached and incorporated hereto as Exhibit B (“Property Owner Agreement”); and
WHEREAS, under the Developer Agreement, the Developers of the Master Plan have agreed to install certain public improvements for the benefit of the Ivy Rose Area, including water lines, sewer lines, and a sound wall; and
WHEREAS, the Property Owner Agreement is a form agreement, to be executed with each property owner in the Ivy Rose Area who is interested in executing the Property Owner Agreement; and
WHEREAS, the Property Owner Agreement is contingent on the Developers and the City executing the Developer Agreement; and
WHEREAS, City staff finds that both agreements are in the interest of orderly development and public health and safety, by integrating property owners in the Ivy Rose Area into the City and providing a framework for future connection to the City water and sewer systems.
NOW, THEREFORE, BE IT RESOLVED by the City of Patterson City Council as follows:
1. The City Council hereby finds that the Developer Agreement and the Property Owner Agreement advance the vision, goals, and buildout of the Master Plan, and further finds that the agreements will advance orderly development of the Master Plan by providing terms and conditions to integrate property owners in the Ivy Rose Area into the City of Patterson.
2. The City Council hereby approves and authorizes the City Manager to execute the Developer Agreement, attached and incorporated hereto as Exhibit A. Any further modifications to the Developer Agreement shall be subject to approval by the City Attorney.
3. The City Council hereby approves and authorizes the City Manager to execute the Property Owner Agreement, attached and incorporated hereto as Exhibit B. Any further modifications to the Property Owner Agreement with individual property owners in the Ivy Rose Area shall be subject to approval by the City Attorney.
PASSED AND ADOPTED by the Patterson City Council at a meeting thereof, held on the 2 nd
day of April 2024, by the following roll call vote:
AYES:
NOES:
EXCUSED:
APPROVED:
______________________________
Michael Clauzel
Mayor of the City of Patterson
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Packet Pg. 149 Attachment: Resolution No. 2024- 20 Ivy Rose Agreements (Resolution No. 2024-20 Approving Two AgreementsRelating to Ivy Rose Area) {CW136990.3}
ATTEST:
__________________________________
Aracely Alegre
City Clerk of the City of Patterson
I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 2
nd day of April 2024, and I further certify that said
resolution is in full force and effect and has never been rescinded or modified.
DATED:
______________________________________
City Clerk of the City of Patterson
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Packet Pg. 150 Attachment: Resolution No. 2024- 20 Ivy Rose Agreements (Resolution No. 2024-20 Approving Two AgreementsRelating to Ivy Rose Area) {CW136990.3}
EXHIBIT A
DEVELOPER AGREEMENT:
Zacharias Project Agreement for the Ivy Rose Area
8.1.a
Packet Pg. 151 Attachment: Resolution No. 2024- 20 Ivy Rose Agreements (Resolution No. 2024-20 Approving Two AgreementsRelating to Ivy Rose Area) {CW136990.3}
EXHIBIT B
PROPERTY OWNER AGREEMENT:
Water/Sewer Connection and Sound Wall Agreement
for the Ivy Rose Area of the Zacharias Project
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Packet Pg. 152 Attachment: Resolution No. 2024- 20 Ivy Rose Agreements (Resolution No. 2024-20 Approving Two AgreementsRelating to Ivy Rose Area) {CW136569.18}
ZACHARIAS PROJECT AGREEMENT
FOR THE IVY ROSE AREA
This Zacharias Project Agreement for the Ivy Rose Area (“Agreement”) is made by and between the CITY OF PATTERSON, a California municipal corporation (“City”) and the following developers: ZACHARIAS RANCH, TPF DEVELOPMENT, LAKESIDE HILLS, and KEYSTONE RANCH (“Developer” or “Developers”). City and Developers may be individually referred to as a “Party” or collectively as the “Parties.” There are no other parties to this Agreement.
RECITALS
A. City has adopted certain approvals relating to the Zacharias Master Plan (“Master Plan”), including but not limited to, a General Plan Amendment, Environmental Impact Report, the Master Plan, and Zoning, as well as pertinent agreements between Developers and City (collectively, the “Zacharias Project”).
B. Developers intend to develop distinct areas of the Master Plan, as further described in Exhibit A attached hereto.
C. The “Ivy Rose Area” is located in the eastern portion of the Master Plan and contains existing residences and agricultural lands, as further described in Exhibit B, attached hereto.
D. The City has prepared a “Form Agreement” to enter into with landowners in the Ivy Rose Area, establishing certain terms and conditions for their properties upon annexation of the Master Plan into City limits. Execution of the Form Agreement is contingent on Developers agreeing to construct certain public improvements for the benefit of the Ivy Rose Area.
E. The Form Agreement will provide benefits to Developers by advancing development of the Master Plan.
F. Developers hereby agree to construct and finance the following public improvements, subject to the terms and conditions described herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
///
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AGREEMENT
1. Applicability. Construction of the public improvements described herein shall be subject to all applicable City ordinances, plans, rules, and standards, as may be updated from time to time (collectively, “City Standards”). In the event of any conflict between this Agreement and City Standards, this Agreement shall govern.
2. Public Improvements. Developers hereby agree to construct, install, and pay for the following public improvements, for the benefit of landowners in the Ivy Rose Area (collectively, the “Ivy Rose Improvements”):
(a) The water main in Ivy Avenue as further described in the Master Plan, and laterals stubbed out from this main to the property lines of existing dwellings along Ivy Avenue.
(b) The water and sewer mains in Rose Avenue as further described in the Master Plan, and laterals stubbed out from these mains to the property lines of existing dwellings along Rose Avenue.
(c) The water and sewer mains in Ward Avenue as further described in the Master Plan, and laterals stubbed out from these mains to the property lines of existing dwellings along Ward Avenue.
(d) The sewer collection line improvements necessary to serve the Ivy Rose Area. Such improvements may include the sewer line improvements from the eastern boundary of the Master Plan area north to Vicke Lynn Lane and southeast to M Street, as further described in the Master Plan.
(e) A sound wall along the easterly paseo described in the Master Plan, adjacent to the Ivy Rose Area.
3. Water and Sewer Pipelines. Developer obligations for the water and sewer pipelines described herein shall be subject to the following provisions:
(a) Water and Sewer Laterals. The obligation of Developers to stub out water and sewer laterals to the property line of parcels within the Ivy Rose Area shall only include those dwelling units existing as of the Effective Date. The obligation to stub out water and sewer laterals shall not include laterals for new dwelling units or other new structures or facilities constructed after the Effective Date. The existing dwelling units within the Ivy Rose Area are further described in Exhibit B attached hereto. (b) Conditions for Construction.
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(i) The distribution mains and laterals shall be constructed in accordance with the Zacharias Project, City Standards, and improvement plans approved by City.
(ii) Construction of the service line laterals shall extend to the property line of parcels in the Ivy Rose Area. City in its sole discretion shall determine the location of the service line laterals after consultation with each affected landowner in the Ivy Rose Area.
(iii) Developers may request that City construct the pipeline improvements or any part thereof. In such event and if City agrees, Developers shall pay for City’s costs to construct the Ivy Rose Improvements. (c) Timing of Construction.
(i) The distribution mains and service line laterals along Rose Avenue shall be installed in conjunction with development of the Keystone Ranch parcels, as further described in Exhibit A attached hereto. (ii) The distribution mains and service line laterals along Ivy Avenue shall be installed in conjunction with development of the Lakeside Hills parcels, as further described in Exhibit A attached hereto. (iii) The distribution mains and service line laterals along Ward Avenue shall be installed in conjunction with development of the adjacent project areas (referring to the Keystone Ranch or Lakeside Hills project areas), as further described in Exhibit A attached hereto.
4. Sound Wall. The following conditions shall apply to the sound wall along the easterly paseo of the Master Plan:
(a) The sound wall shall extend along the entire paseo, from the northern boundary to the southern boundary of the Master Plan.
(b) City shall determine the design and materials of the sound wall. This shall include a CMU block wall, brick, or other type of durable material. (c) The height of the sound wall shall be at least seven (7) feet. (d) Construction of the sound wall shall occur as the parcels in the Master Plan adjacent to the Ivy Rose Area develop and be phased to coincide with the undergrounding of the irrigation canal and the installation of the paseo on these adjacent parcels.
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(e) The segment of the sound wall extending south from the southeastern corner of the Keystone Ranch project area to the southern boundary of the Master Plan area, as indicated in Exhibit B attached hereto (the “Southern Segment”), shall be installed in conjunction with the portion of the sound wall immediately to the north of the Southern Segment. The Form Agreement shall provide City with easements over parcels in the Ivy Rose Area, as may be necessary for construction and maintenance of this Southern Segment. City agrees to not require undergrounding of the irrigation canal in this area of the Southern Segment.
(f) The sound wall may require designated access points, as to be determined by City in cooperation with the Patterson Irrigation District ("PID"). Man-doors shall be installed along the sound wall, as may be required by PID for operation and delivery of irrigation water. The purpose of this condition is to provide PID with adequate access to operate and maintain its canal.
(g) Developers shall maintain the sound wall in good condition, prior to City’s acceptance and ownership of the sound wall. “Good condition” shall include keeping the sound wall clear of graffiti.
(h) City’s acceptance of the sound wall for its ownership and operation shall occur as follows. City agrees to accept the sound wall in segments. Acceptance of the sound wall shall occur at such time that City has accepted all public improvements for tentative maps that are adjacent to the Ivy Rose Area. Upon Developer’s written request, City in its sole discretion may agree to accept the sound wall at an earlier time. (i) Upon City’s acceptance of the sound wall, Developers shall be required to provide ongoing funding for City’s maintenance costs, in a form acceptable to City. City agrees that the maintenance costs for the sound wall may be included in the maintenance community facilities district for the Zacharias Project. (j) Upon City assuming ownership and maintenance of the sound wall, Developer agrees to provide easements for the benefit of City, as may be necessary to allow City and City’s agents to use, access, and maintain the sound wall. City shall reasonably determine the Developer parcels subject to the easement. The easement shall be in a form approved by City and recorded with the Stanislaus County Recorder’s Office. (k) Developers acknowledge that City may require removal of the sound wall in the future, depending on future development of the Ivy Rose Area. Removal of the sound wall shall not be an obligation of Developers.
5. Condition of Zacharias Project. Developers hereby acknowledge and accept that construction and financing of the Ivy Rose Improvements are conditions for development of the Zacharias Project.
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6. Infrastructure CFD. The Ivy Rose Improvements will be eligible for inclusion in the infrastructure community facilities district formed for the Zacharias Project (“Infrastructure CFD”).
7. Default; Withholding of Permits. Where any Developer is in breach of any obligation described herein, that Developer shall be entitled to receive written notice specifying the nature of the default in reasonable detail. The Developer in default shall have thirty (30) days to cure the default. Upon delivering a notice of default to Developers or any Developer, City reserves the right to withhold final maps, grading permits, building permits, or occupancy permits, or initiate legal proceedings to compel specific performance of Developers’ or any Developer’s obligations.
8. Administration. The City Manager or his or her designee is responsible for the interpretation and administration of the provisions of this Agreement. Should a disagreement arise between the Parties with respect to the interpretation or administration of any provision of this Agreement, such decision may be appealed to the City Council within fifteen (15) days of the City Manager's decision.
9. Termination. This Agreement shall terminate at such time that the Ivy Rose Improvements have been fully constructed and accepted by City. Any terms that by their nature are intended to survive such termination shall continue in full force or effect.
10. Cooperation. The Parties agree to cooperate with one another in the completion and maintenance of the Ivy Rose Improvements, for the benefit of landowners in the Ivy Rose Area.
11. Binding on Successors. All terms, covenants, and conditions contained herein shall be binding on all parties having or acquiring any legal title or interest in the lands attributed to Developers described in Exhibit A or any part thereof. Developers shall provide a copy of this Agreement to any of their successors. The failure of Developers to provide a copy of this Agreement to any successor shall in no way affect the rights of City to require performance of the obligations described herein.
12. Notices. Any and all notices or other communications related to this Agreement shall be in writing and shall be deemed received when: (a) personally delivered to the Party to whom they are directed; or (b) the earlier of actual receipt or five (5) days following delivery by registered or certified U.S. mail (return receipt requested); or (c) delivered by email, based on the date shown on the sent email (provided that in the event of a notice of default, such email shall be promptly followed by delivery of such notice by another method as provided herein). All notices and communications related to this Agreement shall be directed to the primary representative of the Parties (including those who are also to receive a copy), as provided in the respective signature page for each Party. Either Party
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may change its address information by giving ten (10) days advance written notice of such change to the other Party.
13. General Provisions.
(a) Recitals. The Recitals above are true and correct and are hereby incorporated into and made part of this Agreement. In the event of any inconsistency between the Recitals and the Sections of this Agreement, the Sections will prevail. (b) Exhibits. The Exhibits attached hereto are hereby incorporated and made part of this Agreement.
(c) Governing Law; Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed pursuant to the laws of the State of California. Venue for all legal proceedings shall be in the Superior Court for Stanislaus County.
(d) Severability. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement. (e) Waiver. Waiver of any condition, breach, or default under this Agreement does not constitute a continuing waiver, or the waiver of a subsequent breach. No Party shall be deemed to have made any such waiver unless it is in writing and signed by the Party so waiving.
(f) Supersedes Prior Agreement. It is the intention of the Parties hereto that this Agreement supersede any prior written or oral agreements, discussions, commitments, or representations between the Parties with respect to the subject matter of this Agreement. (g) Amendment of this Agreement. This Agreement may only be amended by the written mutual consent of the Parties.
(h) Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” or “can” are permissive.
(i) Calendar Days. All references in this Agreement to a certain number of days will be deemed to mean calendar days, unless stated otherwise. (j) Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
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(k) Further Acts. The Parties agree that they will cooperate in good faith to accomplish the objectives of this Agreement and to that end, to execute and deliver such other instruments or documents as may be necessary and convenient to fulfill the purposes of this Agreement.
(l) Authority. Each Party executing this Agreement certifies, in their individual or corporate capacity, that (i) they have legal or equitable title to the applicable parcels subject to this Agreement, and (ii) they are authorized to enter into this Agreement. (m) Joint Preparation. All Parties to this Agreement have negotiated it at length and have had the opportunity to consult with and be represented by their own competent counsel. The Parties acknowledge and agree that any rule of construction that a document is to be construed against the drafting Party shall not be applicable to this Agreement. (n) Attorney’s Fees and Costs. If any action at law or in equity is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, in addition to any other relief to which such Party may be entitled.
[Signatures on following pages]
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IN WITNESS WHEREOF, this Agreement has been entered into by and between City and Developers as of the dates set forth below (“Effective Date”).
CITY OF PATTERSON:
By:
Ken Irwin, City Manager
Date:
Primary Representative:
Ken Irwin
City Manager
1 Plaza
Patterson, California 95363
ATTN: City Manager
Email: [email protected]
with copy to:
White Brenner LLP
1414 K Street, Third Floor
Sacramento, California 95814
ATTN: Nubia I. Goldstein, Esq.
Email: [email protected]
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IN WITNESS WHEREOF, this Agreement has been entered into by and between City and Developers as of the dates set forth below (“Effective Date”).
ZACHARIAS RANCH:
EAGLE VALLEY INVESTMENTS, INC.,
a California Corporation
By:
Print:
Title:
Date:
LARRY BUEHNER TRUST
By:
Print:
Title:
Date:
Primary Representative:
Eagle Valley Investments, Inc.
1412 Rockhaven Drive
Modesto, CA 95356
ATTN: Joe Hollowell
Email: [email protected]
with copy to:
Eagle Valley Investments, Inc.
515 Keystone Blvd.
Patterson, CA 95363
ATTN: Larry Buehner
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IN WITNESS WHEREOF, this Agreement has been entered into by and between City and Developers as of the dates set forth below (“Effective Date”).
TPF DEVELOPMENT:
JOSEPHINE TRAINA FAMILY LIMITED PARTNERSHIP,
a California Limited Partnership
By:
Print:
Title:
Date:
JOHN POTTER REVOCABLE TRUST
By:
Print:
Title:
Date:
FRIEDRICH FAMILY LIMITED PARTNERSHIP,
a California Limited Partnership
By:
Print:
Title:
Date:
Primary Representative:
Willie Traina
P.O. Box 157
Patterson, CA 95363
Email: [email protected]
Friedrich Family Limited Partnership, LP
2443 Lemon Avenue
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Patterson, California 95363 ATTN: Paul Friedrich
John Potter Revocable Trust
2909 Coffee Road
Modesto, CA 95355
Email: [email protected]
with copy to:
David Romano
Newman-Romano, LLC
1034 12th Street
Modesto, CA 95354
Email: [email protected]
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IN WITNESS WHEREOF, this Agreement has been entered into by and between City and Developers as of the dates set forth below (“Effective Date”).
LAKESIDE HILLS:
LAKESIDE HILLS, LLC,
a California limited liability company
By:
Print:
Title:
Date:
Primary Representative:
Camilla Perino
P.O. Box 487
Patterson, CA 95363
Email: [email protected]
with copy to:
Kingsmill Properties
5055 Business Center Dr.
Fairfield, CA 94534
ATTN: Keith Fichtner
Email: [email protected]
8.1.b
Packet Pg. 164 Attachment: 2024.03.26_Ivy Rose Agreement with Developers (CW136569-18xDCB25) (Resolution No. 2024-20 Approving Two {CW136569.18}
IN WITNESS WHEREOF, this Agreement has been entered into by and between City and Developers as of the dates set forth below (“Effective Date”).
KEYSTONE RANCH:
KEYSTONE RANCH, LLC,
a North Carolina limited liability company
By:
Print:
Title:
Date:
Primary Representative:
J. Patrick Gavaghan
Keystone Corporation
5410 Trinity Road, Suite 215
Raleigh, NC 27607
Email: [email protected]
with copy to:
Keith J. Schneider
Keystone Corporation
1700 Keystone Pacific Parkway, C-3
Patterson, CA 95363
Email: [email protected]
George A. Petrulakis
Petrulakis Law & Advocacy
1130 12th Street, Suite B
Modesto, CA 95354
Email: [email protected]
8.1.b
Packet Pg. 165 Attachment: 2024.03.26_Ivy Rose Agreement with Developers (CW136569-18xDCB25) (Resolution No. 2024-20 Approving Two {CW136569.18}
EXHIBIT A
Master Plan Development Areas
8.1.b
Packet Pg. 166 Attachment: 2024.03.26_Ivy Rose Agreement with Developers (CW136569-18xDCB25) (Resolution No. 2024-20 Approving Two {CW136569.18}
EXHIBIT B
Ivy Rose Area
8.1.b
Packet Pg. 167 Attachment: 2024.03.26_Ivy Rose Agreement with Developers (CW136569-18xDCB25) (Resolution No. 2024-20 Approving Two r
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DEVELOPMENT BREAKDOWN
±7,260,000 Building Sq. Ft. Existing Roads
City of Patterson Limits
Zacharias Ranch ±478.7 Gross Acres ±700 Units
[ TPF Development ±1 19.7 Gross Acres ±720 Units Zacharias Master Planning Area
| Keystone Ranch ±714 Units
! [ Lakeside Hills Development
±97.3 Gross Acres
±387.7 Gross Acres ±2,521 Units ±505,000 Building Sq. Ft. - D - L I ^
Ivy Rose Gardens ±143.7 Gross Acres ±431 Units
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• • •
Zacharias Master Planning Area - Project Total ±1 ,227. 1 Gross Acres ±5,086 Units ±7,765,000 Building Sq. Ft. Development Area Breakdown City of Patterson, Stanislaus County, California
400 200 June I, 2019
(If Ihis sheef is not 24x36. if is a reduced prinf)
400 800
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8.1.c
Packet Pg. 168 Attachment: (EXH A) Zacharias Development Areas (CW136953xDCB25) (Resolution No. 2024-20 Approving Two AgreementsRelating to Ivy APN
1 047-015-001 Property Owner(s) WL Torrison Farms, Inc. Acreage* 18.922 047-015-002 Juan M. Medina 1.003 047-015-009 WL Torrison Farms, Inc. 6.094 047-015-005 Marlene Kingman 3.265 047-015-006 Karl L. Torrison 3.406 047-015-013 Rajesh Gupta 7.307 047-015-012 Louie & Kathleen Barletta 4.958 047-015-010 Louie Barletta 12.129 047-015-011 Antolak Family Trust 1.00 10 047-016-001 Patricia A. Johnson 1.41 11 047-016-002 Louisa S. Sarasqueta 11.29 12 047-016-003 Robert & Deborah Noblitt 2.00 13 047-016-004 WL Torrison Farms, Inc. 9.55 14 047-016-005 Ali Wahid 4.96 15 047-016-012 Carlos & Rosa Gonzales 0.28 16 047-016-011 Bret H. Hammon 0.20 Ivy-Rose Area LEGEND * Acreages based on Assessors Maps Existing Parcel Boundaries 17 047-016-022 Steven & Lauren Cozart 2.05 18 047-016-021 Robert & Jennifer Cozart 2.05 19 047-016-015 Ryan & Heather Sellman 1.00 20 047-016-014 Louisa S. Sarasqueta 8.55 21 047-016-016 Landrum Family Trust 4.81 22 047-016-017 James Fairfield 4.39 23 047-017-017 Barbara Vega 0.72 24 047-017-018 Gnesa Trust 6.82 25 047-017-002 Sharon F. Reeves 0.32 26 047-017-019 Gnesa Trust 0.93 27 047-017-004 Gnesa Trust 9.94 28 047-017-021 Guadalupe & Analilia Villasenor 3.82 29 047-017-020 Nelida Cuevas 3.02 30 047-017-007 Rosario Ramirez 0.64 31 047-017-006 Gonzalez Living Trust 0.22 IVY-ROSE LAND OWNER'S INFORMATION City of Patterson, Stanislaus County, California March 27, 2024 Plan Area Zacharias Master R
D
G GDR ENGINEERING, Inc.
R G
D 300 150
0 300 600 (If this sheet is not 24"x36", it is a reduced print) 2 1
3 4
7 8
9 10 11 12 13 14 1516 18 17 19 20 22 21 23 25 24 26 27 28 29 31 30 #
5 6 ROSE AVENUE IVY AVENUE
WARD AVENUE HIGHWAY 33
HIGHWAY 33 EUCALYPTUS AVENUE ZACHARIAS ROAD 7' Wall with Canal Undergrounding 7' Wall without Canal Undergrounding South of Keystone Ranch Development Area 8.1.d Packet Pg. 169
Attachment: 18056 ZMPA Ivy Rose Land Owners Information 03-27-2024 (Resolution No. 2024-20 Approving Two AgreementsRelating to Ivy Rose Area)
WATER AND SEWER CONNECTION AGREEMENT
Ivy Rose Area
{CW136539.15} Page 1
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Patterson
1 Plaza Cir.
Patterson, CA 95363
Attn: City Clerk
(Space above this line for Recorder’s use)
(Recording fees exempt per Gov. Code, §§ 6103, 27383)
WATER/SEWER CONNECTION and SOUND WALL AGREEMENT
Ivy Rose Area – Zacharias Project
This WATER/SEWER CONNECTION and SOUND WALL AGREEMENT
(“Agreement”) is made by and between the CITY OF PATTERSON, a California municipal corporation (“City”), and ________________ (“Property Owner”), the owner of that certain property located at _____________________________, Stanislaus County, California, commonly known as Assessor’s Parcel Number ________________ (“Property”), as more particularly described in Exhibit A, attached hereto. City and Property Owner may be referred to herein collectively as the “Parties” or individually as a “Party”. There are no other parties to this Agreement.
RECITALS
A. City has adopted certain approvals relating to the Zacharias Master Plan (“Master Plan”), including but not limited to, a General Plan Amendment, Environmental Impact Report, the Master Plan, Zoning, as well as pertinent agreements between developers and City (collectively, the “Zacharias Project”).
B. The Master Plan is located north of existing City limits, generally bounded by Zacharias Road to the north, Ward Avenue to east, and Rogers Road to the west (“Master Plan Area”).
C. City seeks to annex the Zacharias Project. As ordered by Stanislaus LAFCO Resolution No. 2023-08, the annexation is subject to confirmation by the registered voters in the Master Plan Area.
8.1.e
Packet Pg. 170 Attachment: 2024.03.26_Ivy Rose Form Agreement (Water, Sewer, Sound Wall) (CW136539-15xDCB25) (Resolution No. 2024-20 Approving Two
WATER AND SEWER CONNECTION AGREEMENT
Ivy Rose Area
{CW136539.15} Page 2
D. This Agreement pertains to the properties within the “Ivy Rose Area” of the Zacharias Project, as further described in Exhibit B attached hereto.
E. Existing parcels in the Ivy Rose Area do not currently receive water or sewer service from City.
F. All properties located within City limits are required to connect to City’s water and sewer systems, in accordance with City’s ordinances, rules, and standards.
G. Upon annexation, the Parties desire to defer the time and terms in which Property Owner would be required to connect to City’s water and sewer systems.
H. By separate agreement attached hereto as Exhibit C, the developers of the Zacharias Project (“Developers”) have agreed to install certain public improvements for the benefit of the Ivy Rose Area, as set forth therein.
I. The purpose of this Agreement is to provide terms and conditions for connection to City’s water and sewer systems, and also to provide for construction of a sound wall, as set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contained herein, the Parties agree as follows:
AGREEMENT
1. Conditions Precedent. This Agreement shall have no force or effect unless the following events occur: (a) The Master Plan Area has been formally annexed into City limits, and (b) Developers and City have entered into the Zacharias Project Agreement for the Ivy Rose Area (“Zacharias Project Agreement”), a copy of which is attached hereto as Exhibit C for reference. Failure of Developers to execute the Zacharias Project Agreement shall cause this Agreement to be null and void.
2. Effective Date. Upon formal annexation of the Master Plan Area into City limits, Property Owner will have ninety (90) days to execute this Agreement. Failure to execute this Agreement within this period will result in forfeiture of the benefits contained in this Agreement. Upon a showing of good cause by Property Owner (e.g., health or safety emergencies, or trustee proceedings for authority to bind the Property), City may extend the time period as necessary to provide Property Owner with a reasonable opportunity to execute this Agreement.
8.1.e
Packet Pg. 171 Attachment: 2024.03.26_Ivy Rose Form Agreement (Water, Sewer, Sound Wall) (CW136539-15xDCB25) (Resolution No. 2024-20 Approving Two
WATER AND SEWER CONNECTION AGREEMENT
Ivy Rose Area
{CW136539.15} Page 3
3. Applicability. Upon annexation of the Master Plan Area into City limits, Property Owner shall be subject to all applicable City ordinances, plans, rules, and standards, as may be updated from time to time (collectively referred to herein as the “City Code”). In the event of any conflict between this Agreement and the City Code, this Agreement shall govern.
4. Developer Obligations. Developers have agreed to install the following public improvements for the benefit of the Ivy Rose Area, as further described in the Zacharias Project Agreement attached hereto as Exhibit C:
(a) The water main and laterals stubbed out to the property line along Ivy Avenue, in accordance with the Master Plan and at such time that development of the adjacent area occurs.
(b) Water and sewer mains and laterals stubbed out to the property line along Rose Avenue, in accordance with the Master Plan and at such time that development of the adjacent area occurs.
(c) Water and sewer mains and laterals stubbed out to the property line along Ward Avenue, in accordance with the Master Plan and at such time that development of the adjacent area occurs.
(d) A sound wall along the easterly paseo described in the Master Plan, adjacent to the Ivy Rose Area.
5. Water Connection. Connection to City’s water system shall require installation of all necessary water pipelines and appurtenant facilities, consistent with the Zacharias Project and City standards. Property Owner shall be subject to the following terms and conditions for connection to City’s water system:
(a) Time for Connection. Property Owner will not be required to connect to the City water system, until such time that the Property is subdivided or developed. “Subdivided” refers to the division of the Property into additional parcels. “Developed” refers to future development of the Property within the existing parcel, by increasing the number of dwelling units on the Property.
(b) Fees. If Property Owner voluntarily connects the existing home (including any existing ADU) on the Property to the City water system, such connection(s) will not be subject to City’s water impact fee. In the event that the Property is subdivided or developed, all connection requirements and impact fees will be required upon construction of new dwelling units in accordance with the City Code.
8.1.e
Packet Pg. 172 Attachment: 2024.03.26_Ivy Rose Form Agreement (Water, Sewer, Sound Wall) (CW136539-15xDCB25) (Resolution No. 2024-20 Approving Two
WATER AND SEWER CONNECTION AGREEMENT
Ivy Rose Area
{CW136539.15} Page 4
(c) Accessory Dwelling Units (ADU). Adding one (1) ADU to the existing home on the Property will not require payment of City’s water impact fee or require a connection to City’s water system. This provision shall not apply to any structure that does not qualify as an ADU pursuant to the City Code or Government Code section 65852.2 et seq.
(d) Service Line Extensions. Developers shall be responsible for installing the water distribution mains, and also the water service line laterals stubbed out to the Property line, pursuant to the Zacharias Project Agreement. The location of the water lateral shall be subject to mutual agreement of City and Property Owner, in the interest of convenience and cost to Property Owner. Property Owner shall be responsible for the costs of the service line inside the Property line.
6. Sewer Connection. Connection to City’s sewer system shall require installation of all necessary sewer pipelines and appurtenant facilities, consistent with the Zacharias Project and City standards. Property Owner shall be subject to the following terms and conditions for connection to City’s sewer system:
(a) Time for Connection. Property Owner will not be required to connect to the City sewer system, until such time that the Property is subdivided or developed.
(b) Fees. If Property Owner voluntarily connects the existing home (including any existing ADU) on the Property to the City sewer system, such connection(s) will not be subject to City’s sewer impact fee. In the event that the Property is subdivided or developed, all connection requirements and impact fees will be required upon construction of new dwelling units in accordance with the City Code. (c) Accessory Dwelling Units (ADU). Adding one (1) ADU to the existing home on the Property will not require payment of City’s sewer impact fee or require a connection to City’s sewer system. This provision shall not apply to any structure that does not qualify as an ADU pursuant to the City Code or Government Code section 65852.2 et seq.
(d) Service Line Extension. Developers shall be responsible for installing the sewer distribution mains, and also the sewer service line laterals stubbed out to the Property line, pursuant to the Zacharias Project Agreement. The location of the sewer lateral shall be subject to mutual agreement of City and Property Owner, in the interest of convenience and cost to Property Owner. Property Owner shall be responsible for the costs of the service line inside the Property line.
8.1.e
Packet Pg. 173 Attachment: 2024.03.26_Ivy Rose Form Agreement (Water, Sewer, Sound Wall) (CW136539-15xDCB25) (Resolution No. 2024-20 Approving Two
WATER AND SEWER CONNECTION AGREEMENT
Ivy Rose Area
{CW136539.15} Page 5
7. Wells and Septic Systems.
(a) Continued Use. At all times prior to connecting to the City water or sewer systems, Property Owner shall be allowed to continue use of existing water wells and septic systems on the Property. Use, operation, destruction, and abandonment of wells and septic systems shall be subject to all applicable city, county, and state permits and requirements. (b) Wells. If the existing well on the Property fails, Property Owner will have the option of repairing or replacing the well. If Property Owner desires to keep the existing water well after connecting to City’s water system, a back-flow prevention device will be required adjacent to City’s water meter and a water meter will need to be installed at the well to monitor well water use, all at Property Owner’s sole cost and expense. (c) Septic System. If the septic system on the Property fails, Property Owner will have the option of repairing or replacing the septic system. At such time that the Property is connected to the City sewer system, Property Owner at its expense shall be required to abandon and destroy all septic systems on the Property in accordance with Stanislaus County regulations and requirements.
8. Sound Wall. Developers will be required to construct a sound wall along the easterly paseo described in the Master Plan, pursuant to the Zacharias Project Agreement. The following standards and conditions shall apply to the sound wall:
(a) City shall determine the design and materials of the sound wall. This shall include a CMU block wall, brick, or other type of durable material. (b) The height of the sound wall shall be at least seven (7) feet. (c) The sound wall shall extend along the entire paseo, from the northern boundary to the southern boundary of the Master Plan.
(d) Construction of the sound wall shall occur as the parcels adjacent to the Ivy Rose Area develop and the undergrounding of the irrigation canal. No provision contained herein shall be construed to require undergrounding of the irrigation canal segment extending south of the adjacent Master Plan area, as indicated in Exhibit B attached hereto. (e) The sound wall may require designated access points, as to be determined by City in cooperation with the Patterson Irrigation District ("PID"). Man-doors shall be installed along the sound wall, as may be required by PID for operation and delivery of irrigation water. The purpose of this condition is to provide PID with adequate access to
8.1.e
Packet Pg. 174 Attachment: 2024.03.26_Ivy Rose Form Agreement (Water, Sewer, Sound Wall) (CW136539-15xDCB25) (Resolution No. 2024-20 Approving Two
WATER AND SEWER CONNECTION AGREEMENT
Ivy Rose Area
{CW136539.15} Page 6
operate and maintain its canal. Property Owner agrees to provide PID with access through the Property, as may be required to operate and maintain the canal. (f) In the event of future subdivision or development of the Property, City in its sole discretion may require removal of the sound wall at the expense of Property Owner. (g) If Property Owner causes damage to the sound wall, Property Owner shall be responsible for restoring the sound wall to its prior condition. (h) Upon future development of the Property, City shall have the discretion to determine the access points and pathways leading to the paseo. City shall not be obligated to allow direct access to the paseo from the Property.
(i) Property Owner agrees to provide City and Developers with access to the Property, as may be necessary to construct and maintain the sound wall. Concurrent with execution of this Agreement, Property Owner shall execute a Right of Access Agreement in a form substantially similar to Exhibit D attached hereto (“Access Agreement”). City shall record the Access Agreement on the title to the Property with the Stanislaus County Recorder’s Office.
(j) In the event the sound wall is located on the Property (as to be determined by City), Property Owner agrees to provide an easement for the benefit of City, to allow City and City’s agents to use, access, and maintain the sound wall. The easement shall be in a form approved by City and recorded with the Stanislaus County Recorder’s Office.
9. Circulation. As described in the Master Plan, Rose Avenue and Ivy Avenue are not contemplated to be designed for vehicular traffic through the paseo, except as may be necessary for emergency access. City may require vehicular access through Rose Avenue and Ivy Avenue in the future, depending on future development of the Ivy Rose Area in the Zacharias Project.
10. Application to City. Connection to City’s water and sewer systems shall require an application submitted to City, in accordance with the time limits and terms provided in this Agreement.
11. Improvements Subject to City Standards. All water and sewer improvements described herein shall be constructed in accordance with City standards and improvement plans approved by City. All water and sewer improvements described herein shall be subject to inspection and testing by City, as may be required by City.
12. Administration. The City Manager or his or her designee is responsible for the interpretation and administration of the provisions of this Agreement. Should a
8.1.e
Packet Pg. 175 Attachment: 2024.03.26_Ivy Rose Form Agreement (Water, Sewer, Sound Wall) (CW136539-15xDCB25) (Resolution No. 2024-20 Approving Two
WATER AND SEWER CONNECTION AGREEMENT
Ivy Rose Area
{CW136539.15} Page 7
disagreement arise between the Parties with respect to the interpretation or administration of any provision of this Agreement, such decision may be appealed to the City Council within fifteen (15) days of the City Manager's decision.
13. Termination. This Agreement shall expire after thirty (30) years, commencing on the date of formal annexation of the Master Plan Area into City limits (“Term”). Upon termination of this Agreement, the benefits provided herein shall expire and Property Owner shall be subject to all requirements of the City Code.
14. Covenant Running with the Land. This Agreement is an instrument affecting title to the Property described in Exhibit A attached hereto. Upon execution, City shall record this Agreement with the Stanislaus County Recorder’s Office. All terms, covenants, and conditions contained herein shall run with the land and be binding on all parties having or acquiring any legal title or interest in the lands described in Exhibit A or any part thereof.
Property Owner shall provide successors to any part of the Property with a copy of this Agreement. The failure of Property Owner to provide a copy of this Agreement to any successor to any part of the Property shall in no way affect the rights of City to require performance of the obligations under this Agreement.
15. Notices. Any notice or other communication required or permitted hereunder shall be in writing and shall conclusively be deemed to have been given upon the date it is: (i) enclosed in a sealed envelope addressed to the Party to whom it is intended and deposited in the United States Mail with adequate postage and postmarked; (ii) personally delivered to the office or residence of the intended Party; or (iii) sent through other commercially reasonable means, such as overnight delivery by a reputable courier company. The addresses of the Parties for all notices and communications shall be as follows, unless updated in writing by the requesting Party. City shall require proof of ownership of the Property to consider such change effective.
CITY: City of Patterson
City Hall
1 Plaza Cir.
Patterson, CA 95363
ATTN: City Clerk and City Manager
with copies to: City of Patterson
City Hall
1 Plaza Cir.
Patterson, CA 95363
ATTN: City Engineer
8.1.e
Packet Pg. 176 Attachment: 2024.03.26_Ivy Rose Form Agreement (Water, Sewer, Sound Wall) (CW136539-15xDCB25) (Resolution No. 2024-20 Approving Two
WATER AND SEWER CONNECTION AGREEMENT
Ivy Rose Area
{CW136539.15} Page 8
White Brenner LLP
1414 K Street, Third Floor
Sacramento, California 95814
ATTN: Nubia I. Goldstein, Esq.
PROPERTY OWNER:
with copy to:
16. Exhibits. The following Exhibits are hereby incorporated and made part of this Agreement:
Exhibit A: Legal Description of Property
Exhibit B: Depiction of Ivy Rose Area
Exhibit C: City Agreement with Developers of Zacharias Project Exhibit D: Right of Access Agreement
17. General Provisions.
(a) Recitals. The Recitals above are hereby incorporated and made part of this Agreement. In the event of any conflict between the Recitals and provisions contained herein, the provisions shall govern.
(b) Entire Agreement. This Agreement constitutes the entire understanding and agreement between City and Property Owner with respect to the subject matter hereof. (c) Waiver. The waiver by any Party of a term, condition, or breach under this Agreement does not constitute a continuing waiver or the waiver of a subsequent breach of the same. No Party shall be deemed to have made any such waiver unless it is in writing and signed by the Party so waiving.
(d) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument.
(e) Authority. Each Party certifies that he or she is the owner of the applicable parcels subject to this Agreement and is authorized to execute this Agreement, or is otherwise authorized to obligate the Party on whose behalf such signature is made.
8.1.e
Packet Pg. 177 Attachment: 2024.03.26_Ivy Rose Form Agreement (Water, Sewer, Sound Wall) (CW136539-15xDCB25) (Resolution No. 2024-20 Approving Two
WATER AND SEWER CONNECTION AGREEMENT
Ivy Rose Area
{CW136539.15} Page 9
(f) Severability. If any term, provision, covenant, or condition set forth in this Agreement is held by the final judgment of a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions, covenants, and conditions shall continue in full force and effect, to the extent that the basic intent of the Parties as expressed herein can be accomplished.
(g) Amendments. All amendments to this Agreement shall be in writing and must be signed by all Parties. Nothing herein shall prevent the Parties hereto from amending this Agreement subject to mutual agreement.
(h) Captions. The captions of the various sections in this Agreement are for convenience only and shall not be deemed to define, limit, or construe the contents of such sections.
(i) Calendar Days. All references in this Agreement to a certain number of days will be deemed to mean calendar days, unless stated otherwise. (j) Attorney Fees. If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, each Party shall be responsible for their own attorneys’ fees.
(k) Interpretation. The Parties agree that in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties, and no presumption shall arise favoring or disfavoring any Party by virtue of the authorship of any provisions of this Agreement.
(l) Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue for all legal proceedings related to this Agreement shall be in the Superior Court of California, County of Stanislaus.
[Signatures on following page]
8.1.e
Packet Pg. 178 Attachment: 2024.03.26_Ivy Rose Form Agreement (Water, Sewer, Sound Wall) (CW136539-15xDCB25) (Resolution No. 2024-20 Approving Two
WATER AND SEWER CONNECTION AGREEMENT
Ivy Rose Area
{CW136539.15} Page 10
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the dates set forth below.
CITY OF PATTERSON: PROPERTY OWNER:
By: By:
Ken Irwin, City Manager
Print: _________________________
Date: Date:
ATTEST:
Aracely Alegre, City Clerk
APPROVED AS TO FORM:
Nubia I. Goldstein, City Attorney
8.1.e
Packet Pg. 179 Attachment: 2024.03.26_Ivy Rose Form Agreement (Water, Sewer, Sound Wall) (CW136539-15xDCB25) (Resolution No. 2024-20 Approving Two {CW136539.15}
EXHIBITA
Legal Description of Property
8.1.e
Packet Pg. 180 Attachment: 2024.03.26_Ivy Rose Form Agreement (Water, Sewer, Sound Wall) (CW136539-15xDCB25) (Resolution No. 2024-20 Approving Two {CW136539.15}
EXHIBITB
Ivy Rose Area
8.1.e
Packet Pg. 181 Attachment: 2024.03.26_Ivy Rose Form Agreement (Water, Sewer, Sound Wall) (CW136539-15xDCB25) (Resolution No. 2024-20 Approving Two {CW136539.15}
EXHIBIT C
City Agreement with Developers of the Zacharias Project
8.1.e
Packet Pg. 182 Attachment: 2024.03.26_Ivy Rose Form Agreement (Water, Sewer, Sound Wall) (CW136539-15xDCB25) (Resolution No. 2024-20 Approving Two {CW136539.15}
EXHIBITD
Right of Access Agreement
8.1.e
Packet Pg. 183 Attachment: 2024.03.26_Ivy Rose Form Agreement (Water, Sewer, Sound Wall) (CW136539-15xDCB25) (Resolution No. 2024-20 Approving Two APN
1 047-015-001 Property Owner(s) WL Torrison Farms, Inc. Acreage* 18.922 047-015-002 Juan M. Medina 1.003 047-015-009 WL Torrison Farms, Inc. 6.094 047-015-005 Marlene Kingman 3.265 047-015-006 Karl L. Torrison 3.406 047-015-013 Rajesh Gupta 7.307 047-015-012 Louie & Kathleen Barletta 4.958 047-015-010 Louie Barletta 12.129 047-015-011 Antolak Family Trust 1.00 10 047-016-001 Patricia A. Johnson 1.41 11 047-016-002 Louisa S. Sarasqueta 11.29 12 047-016-003 Robert & Deborah Noblitt 2.00 13 047-016-004 WL Torrison Farms, Inc. 9.55 14 047-016-005 Ali Wahid 4.96 15 047-016-012 Carlos & Rosa Gonzales 0.28 16 047-016-011 Bret H. Hammon 0.20 Ivy-Rose Area LEGEND * Acreages based on Assessors Maps Existing Parcel Boundaries 17 047-016-022 Steven & Lauren Cozart 2.05 18 047-016-021 Robert & Jennifer Cozart 2.05 19 047-016-015 Ryan & Heather Sellman 1.00 20 047-016-014 Louisa S. Sarasqueta 8.55 21 047-016-016 Landrum Family Trust 4.81 22 047-016-017 James Fairfield 4.39 23 047-017-017 Barbara Vega 0.72 24 047-017-018 Gnesa Trust 6.82 25 047-017-002 Sharon F. Reeves 0.32 26 047-017-019 Gnesa Trust 0.93 27 047-017-004 Gnesa Trust 9.94 28 047-017-021 Guadalupe & Analilia Villasenor 3.82 29 047-017-020 Nelida Cuevas 3.02 30 047-017-007 Rosario Ramirez 0.64 31 047-017-006 Gonzalez Living Trust 0.22 IVY-ROSE LAND OWNER'S INFORMATION City of Patterson, Stanislaus County, California March 27, 2024 Plan Area Zacharias Master R
D
G GDR ENGINEERING, Inc.
R G
D 300 150
0 300 600 (If this sheet is not 24"x36", it is a reduced print) 2 1
3 4
7 8
9 10 11 12 13 14 1516 18 17 19 20 22 21 23 25 24 26 27 28 29 31 30 #
5 6 ROSE AVENUE IVY AVENUE
WARD AVENUE HIGHWAY 33
HIGHWAY 33 EUCALYPTUS AVENUE ZACHARIAS ROAD 7' Wall with Canal Undergrounding 7' Wall without Canal Undergrounding South of Keystone Ranch Development Area 8.1.f Packet Pg. 184
Attachment: 18056 ZMPA Ivy Rose Land Owners Information 03-27-2024 (Resolution No. 2024-20 Approving Two AgreementsRelating to Ivy Rose Area) {CW136568.5}
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Patterson
1 Plaza Cir.
Patterson, CA 95363
Attn: City Clerk
(Space above this line for Recorder’s use)
(Recording fees exempt per Gov. Code, §§ 6103, 27383)
RIGHT OF ACCESS AGREEMENT
This RIGHT OF ACCESS AGREEMENT (“Agreement”) is made by and between CITY OF PATTERSON, a California municipal corporation (“City”), and ________________ (“Property Owner”), the owner of that certain property located at _____________________________, Stanislaus County, California, commonly known as Assessor’s Parcel Number ________________ (“Property”), as more particularly described in Exhibit A attached hereto, with reference to the following:
RECITALS
A. The Zacharias Master Plan (“Master Plan”) is located north of City limits, generally bounded by Zacharias Road to the north, Ward Avenue to east, and Rogers Road to the west.
B. Property Owner and City have entered into that certain WATER/SEWER CONNECTION and SOUND WALL AGREEMENT (dated ______________________) (hereafter, the “Sound Wall Agreement”).
C. Pursuant to the Sound Wall Agreement, Property Owner agreed to provide City, City’s agents, and developers of the Master Plan (“Developers”) with access to the Property, in order to construct and maintain a “Sound Wall” on or adjacent to the Property.
D. For purposes of construction and maintenance of the Sound Wall, Property Owner agrees to provide access to the Property, subject to the terms and conditions provided herein.
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Packet Pg. 185 Attachment: 2024.03.26_(Exh D) Right of Access Agreement (CW136568-5xDCB25) (Resolution No. 2024-20 Approving Two {CW136568.5}
In consideration of the mutual covenants and agreements set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows:
AGREEMENT
1. Purpose. The purpose of this Agreement is to provide Grantee (defined below) with adequate access to the Property to construct and maintain the Sound Wall in good condition. Maintaining the Sound Wall in “good condition” includes, but is not limited to, preventing damage to the Sound Wall, repairing structural defects, and keeping the Sound Wall clear of graffiti. The parties hereto agree to cooperate with one another to accomplish the purpose of this Agreement.
2. Grantee. This Agreement provides the following parties with access to the Property (collectively, “Grantee”): (a) City, (b) City’s employees, contractors, and agents (“City Agents”), and (c) Developers, including Developer’s employees, contractors, and agents.
This grant of access does not permit access by the general public.
3. Grant of Access. Property Owner hereby grants access to Grantee through, over, and to the Property, as necessary to construct, install, and maintain the Sound Wall. Property Owner shall ensure that its employees, contractors, agents, invitees, and tenants do not interfere with the access required by Grantee to construct and maintain the Sound Wall.
4. Notice of Entry. Prior to entering the Property, City shall provide advance written notice to Property Owner. The notice shall describe which parties will be entering the party and the planned activities on the Property.
5. Duration. The Agreement is intended to be perpetual in duration, unless the parties mutually agree in writing to terminate this Agreement. Upon any such termination, the Parties agree to execute and record such documents as may be necessary to effectuate the termination.
6. Damage to Property. City shall promptly repair any damage to the Property caused by Grantee. Property Owner shall notify City in writing of any repair request. The parties agree to cooperate with one another to complete necessary repairs to the Property.
7. Administration. On behalf of City, the City Manager shall be the one responsible for the administration and interpretation of this Agreement. In the event of any disagreement between the Parties, Property Owner will have the right to request a hearing at a meeting of the City Council.
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Packet Pg. 186 Attachment: 2024.03.26_(Exh D) Right of Access Agreement (CW136568-5xDCB25) (Resolution No. 2024-20 Approving Two {CW136568.5}
8. Covenant Running with the Land. This Agreement is binding upon Property Owner and its successors-in-interest. All terms, covenants, and conditions contained herein shall be binding on all parties having or acquiring any legal title or interest in the Property described in Exhibit A or any part thereof.
9. Notices. Any and all notices or other communications related to this Agreement shall be in writing and shall be deemed received when: (a) personally delivered to the party to whom they are directed; or (b) the earlier of actual receipt or five (5) days following delivery by registered or certified U.S. mail (return receipt requested); or (c) delivered by email, based on the date shown on the sent email (provided that in the event of a notice of default, such email shall be promptly followed by delivery of such notice by another method as provided herein). All notices and communications related to this Agreement shall be directed to the primary representative of the parties, as provided in the respective signature page for each party. Either party may change its address information by giving ten (10) days advance written notice of such change to the other party.
CITY: City of Patterson
City Hall
1 Plaza Cir.
Patterson, CA 95363
ATTN: City Clerk and City Manager
Email: [email protected]
with copies to: City of Patterson
City Hall
1 Plaza Cir.
Patterson, CA 95363
ATTN: City Engineer
Email: [email protected]
White Brenner LLP
1414 K Street, Third Floor
Sacramento, California 95814
ATTN: Nubia I. Goldstein, Esq.
Email: [email protected]
PROPERTY OWNER:
Email:
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Packet Pg. 187 Attachment: 2024.03.26_(Exh D) Right of Access Agreement (CW136568-5xDCB25) (Resolution No. 2024-20 Approving Two {CW136568.5}
10. General Provisions.
(a) Recitals. The Recitals above are hereby incorporated and made part of this Agreement. In the event of any conflict between the Recitals and provisions contained herein, the provisions shall govern.
(b) Waiver. The waiver by any party of a term, condition, or breach under this Agreement does not constitute a continuing waiver or the waiver of a subsequent breach of the same. No party shall be deemed to have made any such waiver unless it is in writing and signed by the party so waiving.
(c) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument.
(d) Authority. Each party certifies that he or she is the owner of the applicable parcels subject to this Agreement and is authorized to execute this Agreement, or is otherwise authorized to obligate the party on whose behalf such signature is made. (e) Amendments. All amendments to this Agreement shall be in writing and must be signed by all parties. Nothing herein shall prevent the parties hereto from amending this Agreement subject to mutual agreement.
(f) Calendar Days. All references in this Agreement to a certain number of days will be deemed to mean calendar days, unless stated otherwise. (g) Attorney Fees. If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, each party shall be responsible for their own attorneys’ fees.
(h) Interpretation. The parties agree that in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement. (i) Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue for all legal proceedings related to this Agreement shall be in the Superior Court of California, County of Stanislaus.
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Packet Pg. 188 Attachment: 2024.03.26_(Exh D) Right of Access Agreement (CW136568-5xDCB25) (Resolution No. 2024-20 Approving Two {CW136568.5}
IN WITNESS WHEREOF, the parties hereto have executed and entered into this Agreement as of the dates set forth below.
CITY OF PATTERSON: PROPERTY OWNER:
By: By:
Ken Irwin, City Manager
Print: _________________________
Date: Date:
ATTEST:
Aracely Alegre, City Clerk
APPROVED AS TO FORM:
Nubia I. Goldstein, City Attorney
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Packet Pg. 189 Attachment: 2024.03.26_(Exh D) Right of Access Agreement (CW136568-5xDCB25) (Resolution No. 2024-20 Approving Two {CW136568.5}
EXHIBITA
Legal Description of Property
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Packet Pg. 190 Attachment: 2024.03.26_(Exh D) Right of Access Agreement (CW136568-5xDCB25) (Resolution No. 2024-20 Approving Two