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Approving Vesting Tentative Maps

Patterson City Council
April 1, 2025

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Approving Vesting Tentative Maps
Meeting
April 1, 2025
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Patterson City Council
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Text extracted from the city's file for reading and search. Open the original on pattersonca.iqm2.com. That file is the official record.

Tentative Map Overview
The proposed Tentative Map comprises the two following parts:

Map A
Map A would subdivide the site into 12 parcels ranging from 0.23 acres to 17.58 acres. The eight largest parcels are planned as “super pads” that – if approved – could be sold off as preliminarily planned, yet smaller portions of the greater subdivision.

Each super pad was planned by the Applicant to accommodate future residential neighborhoods with access to infrastructure and the roadway identified as “Keystone Ranch Parkway.” Roadway access into the site would be provided off Baldwin Road via Keystone Ranch Parkway.

Future secondary access is illustrated along the site’s northern boundary, although the full rightof-way section is not proposed for construction with this Tentative Map, as discussed more below.

Map B
Map B would subdivide the site into 506 single-family lots with one 12-acre site for high-density housing and includes details of the specific lotting and local roadway plan throughout the site, as well as remainder parcels (“Parcels A through O”). Of these remainder parcels, “Parcel G” is a proposed stormwater basin and labeled as a park; however, no plans are available yet to illustrate park designs.

As to lot design, rectangular and smaller lots predominate the site, ranging from approximately 3,124 square feet to 5,615 square feet. There are 18 larger “radial” lots ranging from 4,913 square feet to 9,675 square feet dispersed throughout the Site, where proposed roadways curve 90 degrees.

Typical lots are between 46 and 54 feet wide, and 80 to 95 feet deep.

Deeper lots ranging from approximately 100-107 feet in depth are planned along the Project’s southern boundary, where it borders similar-sized lots within the Creekside neighborhood.

SB-330 Preliminary Application
As noted above, the Applicant filed multiple SB-330 “preliminary applications” with the City beginning in 2023. SB 330 was a bill passed in 2019, that enacted and amended a number of California’s housing statutes (including the Housing Accountability Act (codified at Government Code § 65589.5), and the Housing Crisis Act (codified at Government Code § 66300)). SB 330 aims to address the housing crisis in California by streamlining the approval process and limiting local agency discretion when reviewing housing development projects. Specifically, SB 330 intends to limit local governments' ability to reject or delay housing projects, particularly affordable housing.

One effect of the preliminary application filed by the Applicant is that the Tentative Map is subject to the “ordinances, policies, and standards” in effect at the time the preliminary application was submitted. This allows the Applicant to acquire a form of early vested rights, so they can proceed under the rules in effect at the time of filing the preliminary application. SB 330 also functions by limiting the City’s discretion to deny a project if it otherwise complies with applicable objective general plan, zoning, and subdivision standards. (Government Code § 65589.5.) However, SB 330 does enable cities to enact policies, standards and other measures beyond those in effect when a preliminary application was submitted when necessary to: 1) mitigate or avoid a specific adverse impact on the public health or safety or 2) to substantially lessen an impact of the project under CEQA.

As further described in this report, there are several areas of concern with the Tentative Map application that City staff identified and discussed with the Applicant in an effort to reach consensus on specific design and subdivision features. The Applicant elected to move forward with its application as presented to the Planning Commission and now to the City Council for approval.

Staff Recommendation and Issues Identified with the Tentative Map Application City staff is responsible for evaluating the Tentative Map and related infrastructure in relation to applicable plans and standards, the findings required under the Subdivision Map Act, impacts to Citywide facilities and infrastructure systems, and potential liabilities that accompany the application.

During the application review and processing, staff documented its concerns with the design of the Tentative Map and lack of accompanying application materials. At the Applicant’s request, the application moved forward to the Planning Commission. The Planning Commission recommended that the City Council approve the Tentative Map as conditioned, and despite the preferred items of staff not included in this Tentative Map, staff is also recommending approval of the Tentative Map.

The Master Plan was a substantial action taken by the Planning Commission and City Council to expand the City’s boundaries and accommodate further residential and industrial development, in accordance with the goals, policies, and programs of the General Plan. Although staff identified specific design and subdivision features it would have preferred with this application, this is the first tentative map filed to advance development of the Master Plan. The Tentative Map involves new development of medium-density and high-density housing and includes the park site designated in the Master Plan. Despite the points of concern highlighted below, this application is a substantial step toward the buildout of the Master Plan.

In addition, considering the Master Plan will be implemented by four major developers, the required backbone infrastructure must be phased appropriately (including the ultimate sewer and storm drainage connections as required in the Master Plan). Conditions of approval are included to address the infrastructure requirements of Keystone’s development area in relation to buildout of the entire Master Plan.

Roadway Access
Absent permission from the landowner to the north, access into the Site would be available solely through Keystone Ranch Parkway. Keystone Ranch Parkway is the interior collector that runs eastwest through the Site. If the Applicant is unable to construct its portion of “Collector F-F,” the Applicant’s entire Project would funnel through Keystone Ranch Parkway only, giving rise to traffic burden concerns on the nearest Baldwin Road.

City staff has requested, though not received, a written statement or permission from the neighboring landowner to the north as to their willingness to allow construction of “Collector FF.” At this time, staff is unaware of any legal access that might be available to the Applicant to construct the proposed segment of “Collector F-F.”
Roadway Safety
In addition, City staff believes that the lots fronting Keystone Ranch Parkway, closest to Baldwin Road present an increase in risk to safety of children. The western-most segments of Keystone Ranch Parkway will incur the highest volumes of traffic. A different design with lots, not facing Keystone Ranch Parkway could have reduced this risk. This is further compounded by the lack of demonstrated secondary access into the Site, as discussed above.

As stated, “Collector F-F” is planned for construction by the Applicant, but not actually under the ownership of the Applicant. The timing of that secondary access could therefore linger for years following potential buildout of the Project. As a result, staff advocated that driveways not front this portion of Keystone Ranch Parkway to avoid potential circulation difficulties.

Lot Dimensions and Blocks
There are at least 24 corner lots that are less than the 4,900-square-foot minimum lot size as required by the Master Plan development standards (see Table 1 in the Master Plan). The Planning Commission or City Council may allow a smaller lot size, however.

Blocks proposed within the Tentative Map are arranged rectangularly and around cul-de-sacs.

According to the Master Plan (see Table 1 in the Master Plan), maximum block lengths are allowed up to 400 feet in length. However, as shown below, at least six of the proposed blocks exceed this development standard maximum, at 500 to over 1000 feet in length.

Housing Diversity
The Master Plan requires diverse housing types to accommodate different lifestyles, household sizes, ages, and income levels, particularly in the medium-density areas.

87.4% of the Keystone Ranch Planning Area is designated for medium-density residential development. The Tentative Map plans illustrate only one standard lot type for the medium-density planning areas, which will take the form of single-family homes. The standard lots are unlikely to achieve the desired diversity of housing types in the medium-density areas of the Master Plan.

Transitioning / Interfacing with Ranchettes to the East The Tentative Map does not include context-sensitive transition areas that preserve existing and proposed uses, including the proposed residential to existing ranchettes to the east. Over 50% of the Project area adjacent to the planned paseo does not provide an open land area. The Master Plan envisioned the area between the Ivy Rose Planning Area and the adjacent development areas to be a transition area, which extends beyond the area of only the planned paseo. The area between the Ivy Rose Development Area and the Keystone Ranch Development Area was intended to be developed as a transition area in compliance with this standard. The Tentative Map proposes to develop this area as standard residential lots directly abutting the paseo, which conflicts with the required transition area.

Treatment of Greenways and Open Spaces
Master Plan Section 2.2.A.4.a requires that where neighborhoods face open spaces, including parks and greenways, structures (housing) shall be oriented towards common open spaces in order to provide “eyes on the space.” “Homes backing on to open spaces should be avoided wherever possible...”
Most of the Tentative Map area immediately adjacent to the paseo would not be developed with homes facing towards the paseo (as the Master Plan calls for) but would be constructed facing away from the paseo and facing the interior roadways, which is contrary to this design standard.

Limited / Minimal Frontage Roadway Along the Planned Paseo The Tentative Map does not provide a local street paralleling the paseo, as envisioned within Section 2.2.A.4.c and Section 2.7.E of the Master Plan. Although the Master Plan does allow for an alternative, the parallel street was staff’s preferred design. Less than 50% of the Tentative Map’s paseo frontage features a parallel street, as envisioned by the Master Plan. Staff was supportive of a frontage road along the paseo during the application process.

Insufficient Road Right-of-Way
The Tentative Map proposes a 46’ Right-of-Way for “Collector F-F,” as illustrated on Sheets 3 and 4 of the Vesting Tentative Map. This right-of-way design is not a recognized street section in the Master Plan. The required right-of-way section is supposed to be at least 58 feet (see Section

3.7 of the Master Plan).

Roadway Encroaching into PID Paseo Area
The Tentative Map as designed encroaches onto PID property and the planned paseo (as shown on Sheets 1 and 4 of the Tentative Map). “Street 14 (D-D)” of the Tentative Map encroaches into PID’s canal right-of-way, which will be undergrounded and become the planned paseo. The encroachment would limit the full width of the paseo in this area. Also, in written correspondence received from PID (dated January 6, 2025), PID will not allow a roadway or roundabout located on PID property.

Site and Architecture Planning Application Not Included In Section 6.1.E. of the Master Plan, design / site plan review and architectural elements were contemplated to happen concurrently with submittal of each subdivision. The Planning Commission may defer review of architectural elements of proposed homes to a later stage of the process, however, in accordance with established design review procedures.

The Applicant did not file an architectural and site plan review application and accompanying materials for a planned development. The Master Plan contemplated that such applications would occur together to better enable the City to ensure that all stages of development would follow the requirements of the Master Plan (including roadway standards, design standards, parks and open space, development of the paseos, inclusionary housing, and housing diversity.) Without architectural and site plan review at this stage, staff and the City’s legislative bodies are limited in evaluating how this area will develop consistent with the Master Plan.

No Plans for Masonry Wall, Parks, or Paseo
Plans were not provided upfront by the Applicant for the sound wall/masonry wall required along Baldwin Road, the park site, or the paseo. Staff would prefer to have plans for development of these improvements and amenities presented to the Planning Commission and City Council, instead of having plan review occur later during construction at an administrative level.

Realignment of Street 1 and Street 6A
Street 1 (D-D) is the local street in the Tentative Map located just east of Baldwin Road. Staff would have preferred to see this street moved west toward the center of Parcel K (planned for highdensity development), to avoid traffic entering Keystone Ranch Parkway so close to Baldwin Road.

Staff also would have preferred Street 6A to have a more perpendicular alignment with Parcel J, which will be dedicated to the City.

Conditions of Approval
When reviewing a vesting tentative map, the City can impose specific conditions of approval that a developer must comply with to obtain final map approval and proceed with development. These conditions align with state laws, local zoning ordinances, and public safety requirements. The proposed conditions help balance the interests of Applicant with public concerns about safety, infrastructure, and environmental protection. The proposed conditions of approval for the Tentative Map address the standard requirements for construction of residential projects, as well as the necessary mitigation to avoid adverse impacts on the public health and safety and to lessen the impact of the Project under CEQA.

Temporary Sewer Connection
The Master Plan provides that all development in the Zacharias development area will eventually be connected to the North Patterson Trunk Sewer Line (Master Plan, Section 5.5.A). The Master Plan provides that the initial sewer connection for the Keystone Ranch Development Area, will be a temporary connection, routed through Vicki Lynn Lane and connecting into the existing sewer line on M Street. In between Roxanne Drive and Salado Creek, there is an existing 10-inch sewer line that runs through two private parcels (418 Roxanne Drive and 412 Roxanne Drive). The Master Plan had previously envisioned that this line would need to be upsized to a 12-inch diameter sewer line and extended along Salado Creek; however, following field verification and subsequent discussions with the developer, it is now confirmed that the existing 10-inch sewer line will be used without construction of new pipeline segments through private parcels or beneath Salado Creek. This connection will remain temporary until the North Patterson Trunk Sewer (“NTPS”) is constructed, at which point connection to the NPTS will be required and the temporary line will be disconnected.

In accordance with the City’s Sanitary Sewer Management Plan (“SSMP”), City staff has conducted a detailed evaluation of the proposed temporary connection. With the understanding that no new infrastructure will be constructed beneath Salado Creek, or adjacent private property, previous concerns related to excavation, easements, and creekbank stability have been removed from the City’s analysis. Current staff concerns are focused solely on verifying the capacity of the existing system, ensuring flow-based monitoring, and establishing operational safeguards to protect the public sewer system.

The hydraulic capacity of the existing 10-inch sewer line has not been validated through real-time flow monitoring or field-calibrated modeling. While preliminary, desktop-level analyses suggest that the line may be able to accommodate interim flows, the City cannot base long-term service decisions on assumed conditions or pipe diameter alone.

There is currently no verifiable data confirming that the existing system can support all 1,182 units through a temporary connection. The City’s primary concern is inadvertently validating full buildout capacity based on a high-level estimate—only to later encounter real-world constraints that lead to downstream backups, sanitary sewer overflows, or regulatory violations, with no enforceable mechanism to halt additional connections. To avoid this outcome, capacity determinations must be based on actual monitored flows. Triggers must be established—such as a defined threshold of system loading (e.g., 70% capacity)—to ensure that development phasing aligns with real infrastructure performance. This will allow the City to retain control over future connections and ensure that any decision to use the temporary connection remains data-driven, protective of public health, and consistent with SSMP compliance.

It is recommended that the applicant be required to proceed with the following conditions as part of any temporary sewer service arrangement:
• Pre-construction condition assessment and cleaning of the sewer line to verify structural integrity and unobstructed capacity.
• Installation of flow monitoring equipment to measure real-time peak and average flows during early development phases.
• Update of the City’s hydraulic model using monitored data to evaluate cumulative system impacts downstream of Vicki Lynn Lane and M Street.
• Establishment of a flow-based capacity threshold (e.g., 70% of peak hydraulic capacity) beyond which no further development may connect to the line without constructing the permanent NPTS connection.
• Regular reporting and monitoring coordination to track load impacts as units are added over time. This will allow both the city and developer to monitor the capacity and plan accordingly. This is recommended to be done with a third, neutral, party for transparency.

Additionally, City staff has identified that the dead-end segment of the existing line on Vicki Lynn Lane may be susceptible to overcharging during peak lift station operation. This condition must be closely monitored and factored into the hydraulic model.

These requirements are intended to ensure that the temporary connection can be utilized safely and within operational limits, without compromising downstream infrastructure or violating the City’s SSMP obligations. Should any of the above conditions indicate that the system is approaching capacity, the Applicant will be responsible for implementing or funding the necessary improvements—either by accelerating the NPTS connection or other mitigation measures approved by the City. The applicant should be regularly informed of the current capacity so they can responsibly plan for the eventual stop order, at capacity.

To address the concerns associated with private ownership rights and access to the sewer line, the Applicant will be required to obtain the necessary permissions from affected landowners for the construction and long-term operation of the improvements. City shall have no obligation to initiate condemnation of the necessary easements, or property acquisitions to allow the improvements to proceed. If condemnation by the City is required to allow the construction and long-term operation of the sewer line improvements, the City may refuse to initiate condemnation and decide not to accept or operate the improvements.

This approach preserves flexibility for interim development while upholding the City’s responsibility to protect public health, environmental quality, and long-term infrastructure integrity.

Compliance with CEQA Settlement Agreement
On September 19, 2022, Patterson Irrigation District (“PID”) and West Stanislaus Irrigation District (“WSID”) filed a petition for writ of mandate challenging the City’s approval of the Master Plan EIR. During the time this lawsuit has been pending, the City has needed to address significant changes in state law pertaining to water management. The Sustainable Groundwater Management Act (“SGMA”) requires local groundwater sustainability agencies (“GSAs”) in the state’s high and medium priority basins to develop and implement Groundwater Sustainability Plans (“GSPs”) or alternatives to GSPs. These GSPs and Alternatives provide roadmaps for how groundwater basins will reach long-term sustainability.

PID, WSID, and the City have been working on GSP updates with the Department of Water Resources (“DWR”), the State Water Resources Control Board (“SWRCB”), and with the other GSAs in the Delta-Mendota Subbasin pursuant to SGMA’s state intervention proceedings following DWR’s determination that the existing Delta-Mendota Subbasin GSPs were “Inadequate”. However, it wasn’t until the updated GSP terms regarding groundwater pumping reduction targets were formulated that the parties could meaningfully discuss settlement provisions.

Following the updates of the GSP in 2014, the City, PID and WSID discussed settlement provisions regarding implementation of the Master Plan consistent with the new requirements under the 2024 GSP. One key issue with the legal challenge to the sufficiency of the Master Plan EIR under CEQA was that the 2024 GSP altered the presumption underlying the EIR. The revised GSP could require an existing EIR to be supplemented with a Supplemental EIR (“SEIR”) that addresses those changes. However, this would delay any pending projects until an SEIR could be prepared, which includes the Keystone Ranch Vesting Tentative Subdivision Map. As an alternative, the City worked with PID and WSID to agree on settlement agreement terms which obligated the City to enforce the Master Plan EIR in a way that was consistent with the 2024 GSP and which avoided additional environmental impacts beyond those addressed in the EIR.

The Settlement Agreement was executed on March 18, 2025, and includes the following terms regarding implementation of the Master Plan EIR:
• The City will require developers of the Master Plan Area to fully fund and construct the Del Puerto Creek Capture and Recharge Project (“Recharge Project”) before building permits are issued for the Master Plan Project (Settlement Agreement, hereinafter “Settlement Agreement,” section 4(A)(i).);
• Developers must purchase surface water deliveries for the Recharge Project to offset the increased water demands of their projects (Settlement Agreement section 4(A)(ii).); • The City will use its best efforts to ensure completion of the Recharge Project by 2030 (consistent with the timeline for the 2024 GSP’s pumping reduction targets) (Settlement Agreement section 4(A)(iii).);
• The City will recharge the total amount of purchased and delivered surface water to meet increase in demand on basin from new development, including the Master Plan Project (Settlement Agreement section 4(A)(iv).); and
• The City will require all development projects which increase potable water demand to contribute to an evaluation of revisions to the existing storm drain system to divert the captured storm water for recharge (Settlement Agreement section 4(B).).

These Settlement Agreement terms allow the City to continue permitting additional development projects, while maintaining compliance with the 2024 GSP’s pumping reduction targets and implementation of the Recharge Project and the Low-Reliance on Groundwater Water Portfolio.

Consistent with the City’s obligations under the Settlement Agreement, the following terms were incorporated into the Conditions of Approval for the Tentative Map to ensure compliance with the 2024 GSP, and avoid additional environmental impacts:
• The Applicant is subject to the City’s implementation of the 2024 GSP; • The Applicant is responsible for its fair share obligation for the funding of the Recharge Project;
• The Recharge Project must be funded and constructed prior to the issuance of building permits;
• The Applicant must purchase surface water to offset the water demands of the development; and
• The Applicant must contribute funding to an evaluation of existing stormwater infrastructure associated with the Black Gulch drainage area for potential recapture and recharge.

Transportation Fees
Mitigation Measures TRANS-1a through TRANS-1z in the EIR identify specific infrastructure improvements, including improvements at several main intersections, that are necessary to address the Master Plan’s significant traffic impacts. As provided in the EIR, the costs associated with these infrastructure improvement are contemplated for inclusion in a community facilities district or other financing mechanism. Several of the identified infrastructure improvements included in Mitigation Measures TRANS-1a through TRANS-1z are outside the City’s jurisdiction. Those improvements would be subject to Stanislaus County or Caltrans oversight for implementation.

Where that is the case, as noted in the EIR, the City would transfer the fees collected as part of the mitigation measures to the County or Caltrans subject to an agreement with that agency.

Separate and apart from the mitigation measures identified in the EIR, the City also administers a Regional Traffic Impact Fee under the Patterson Municipal Code. That impact fee program is a one-time charge for new development that the City collects to address the cost of impacts on capital facilities and infrastructure that are required to serve new development. Included in that fee are road improvements that are necessary to serve the project. These fees are not duplicative of the ones identified in the EIR. Rather, they are necessary to ensure that new development continues to pay its fair share of its impact to the City.

For example, the 2024 Regional Traffic Impact Fee Study, which was completed as part of the City’s Regional Traffic Impact Fee program, identifies improvement of a 2.65-mile segment of Baldwin Road between Keystone Pacific Way and State Route 33 for inclusion in the costs underlying the Regional Traffic Impact Fee. Meanwhile in the EIR, Mitigation Measure TRANS1l requires that project applicants pay their fair share fees for the improvements to the intersection of Baldwin Road / Zacharias Road. The costs associated with the Mitigation Measure TRANS-1l are contemplated for inclusion in a community facilities district or other financing mechanism.

The costs associated with the improvements to the 2.65-mile segment of Baldwin Road between Keystone Pacific Way and State Route 33 are included in the City’s Regional Traffic Impact Fee program and would not necessarily be included in a community facilities district or other financing mechanism.

To ensure that the project addresses both the requirements under the EIR through the Mitigation Measures and the City’s requirements under its Regional Traffic Impact Fee program, the Conditions of Approval for the Tentative Map include the following conditions:
• As part of the project’s requirement to comply with the MMRP and the EIR, prior to recordation of the final map, the Applicant and the City shall establish a Community Facilities District or other financing mechanism to fund the required transportation improvements for the Master Plan. Applicant shall be responsible for its fair share of the costs for the necessary improvements at the time building permits are sought, through participation in the Community Facilities District or other financing mechanism. This includes, but is not limited to, paying for the project’s fair share of traffic mitigation in accordance with Transportation Mitigation Measures 1a through 1z. • The project shall be subject to fair share traffic improvement impact fees as outlined in the traffic study and EIR mitigation measures
• The Applicant shall pay all appropriate fees due prior to recordation of each final map • The Applicant shall pay all applicable AB 1600 impact fees charged by the City to new development, except as modified in accordance with the SB-330 preliminary application filed by the Applicant on September 11, 2024, or by other agreement executed between the City and the Applicant.

Inclusionary Housing Ordinance
Chapter 18.86 of Patterson’s Municipal Code was passed in 2013. The City’s Inclusionary Housing Ordinance (“Ordinance”) requires at least 15% of all newly constructed dwellings in a residential project to be sold or rented to very low income, low income, and moderate incomes. If the Planning Director determines onsite units are infeasible, a developer may apply for one of the following equivalencies: (1) off-site affordable housing or rehabilitation of substandard units; (2) dedication of land for affordable housing; or in exceptional cases, (3) payment of an in-lieu fee where inclusionary housing, offsite housing, rehabilitation or dedication of land for affordable housing is infeasible.

A developer’s application for equivalency must show (1) why compliance with the inclusionary percentage is financially or otherwise infeasible and (2) how the equivalency furthers affordable housing in the City to an equal or greater extent than compliance with the on-site affordability requirements. All findings must be memorialized in a resolution adopted by the City Council that documents the reasons and support for infeasibility and how the equivalency will further, affordable housing to an equal or greater extent.

Of further significance, the City has submitted its 6th Cycle Housing Element Submittal to the California Department of Housing and Community Development. The Keystone Ranch Development Area is included in the site inventory for the City’s updated Regional Housing Needs Allocation (RHNA). Without specific information about how this Tentative Map will comply with the City’s inclusionary housing ordinance, the City is unable to make no-net loss findings, as required by Housing Element Law (Government Code § 65863), to ensure and maintain a sufficient supply of adequate sites in its Housing Element at all times throughout the planning period to meet City’s RHNA.

To date, the Applicant has failed to include in its application, communication, or correspondence with the City a demonstration of how the Project will comply with Chapter 18.86. As required by the Master Plan, the inclusionary housing plan is required at the time of the Subdivision Map and does not provide for deferral to site plan / architectural review. The Application is devoid of the 15% requirement and for that matter, any delineation of affordable units that will be constructed, sold or rented to very low-, low-, and moderate-income households. Accordingly, the Planning Commission has conditioned the Applicant’s Tentative Map Approval on the documentation of compliance with Chapter 18.86.

FINDINGS
Despite the concerns pertaining to the Tentative Map described in this report, staff is recommending approval of the Tentative Map. By the filing of an SB-330 preliminary application, the City’s discretion to deny or condition the Tentative Map is limited. Further review of the development would occur with subsequent application filings, including compliance with the inclusionary housing ordinance and the site plan / architecture review.

The following findings for approval are included in the resolution:

1. That the proposed map is consistent with applicable general and specific plans as specified in Section 65451.

The planned uses, lots, roadway layout, and improvements of the Tentative Map are overall consistent with the standards of the Master Plan, subject to the conditions of approval attached hereto.

2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans.

The design of the Tentative Map and public improvements described therein are consistent with the standards of the Master Plan, subject to the conditions of approval attached hereto.

3. That the site is physically suitable for the type of development.

The Tentative Map has been comprehensively planned and evaluated under the Master Plan and Final EIR. All mitigation measures under the Final EIR will apply to development of the Site.

4. That the site is physically suitable for the proposed density of development.

The Tentative Map has been comprehensively planned and evaluated under the Master Plan and Final EIR. This Tentative Map Application only involves the review and approval of the Tentative Map. Future development of the lots will be subject to the standards of the General Plan, Master Plan, Patterson Municipal Code, and all other requirements, as may be applicable.

5. That the design of the subdivision or the proposed improvements are unlikely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

The Tentative Map has been comprehensively planned and evaluated under the Master Plan and Final EIR. All mitigation measures under the Final EIR will apply to development of the Site.

6. That the design of the subdivision or type of improvements is likely to cause serious public health problems.

The Tentative Map has been comprehensively planned and evaluated under the Master Plan and Final EIR. All mitigation measures under the Final EIR will apply to development of the Site.

7. That the design of the subdivision or the type of improvements will conflict with easements acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

There is no conflict with public easements for access through or use of the site.

Upon undergrounding of the Patterson Irrigation Canal (PID), PID will retain all necessary easements for operation of the canal.

Further, regarding the temporary sewer connection along Roxanne Drive and N. 4th Street (described in Section 5.5.A of the Master Plan), the Applicant will be responsible for acquisition of the necessary easements for construction and long-term operation of the sewer line, if necessary. The City shall have no obligation to initiate condemnation of the area required for construction and operation of the planned sewer improvements.

8. That as required through the Conditions of Approval, the Applicant shall be required to design and install the temporary sewer connection along Roxanne Drive and N. 4th Street (described in Section 5.5.A of the Master Plan) in order to mitigate or avoid impacts on public health and safety by providing adequate and necessary sewer lines to connect to the site and that there is no feasible alternative method to satisfactorily mitigate or avoid adverse impacts

9. That as required through the Conditions of Approval and pursuant to Government Code Section 65589.5(o)(2)(C), the interpretation and application of the Final EIR is subject to the requirements set forth in the Settlement Agreement and that such interpretation and application is necessary in order to find that the Project is fully within the scope of the Final EIR, and none of the conditions described in CEQA Guidelines § 15162 have occurred which would require the preparation of a subsequent environmental document.

10. That as required through the Conditions of Approval and pursuant to Government Code § 65589.5(o)(2)(C), the interpretation and application of the Final EIR subject to the requirements set forth in the Settlement Agreement is further necessary in order to avoid or substantially lessen impacts of the project under CEQA.

11. That as required through the Conditions of Approval and pursuant to Government Code § 65589.5(o)(2)(C), the Project must be subject to the requirements of the 2024 GSP as set forth in the Settlement Agreement.

ENVIRONMENTAL REVIEW/CEQA COMPLIANCE
An Environmental Impact Report (SCH No. 018122052) (“EIR”) was prepared and certified for the Master Plan in August 2022. The EIR concluded that buildout of the area could result in a number of significant adverse impacts. All development in the Master Plan is subject to the adopted Mitigation Monitoring & Reporting Program (“MMRP”) for the EIR.

The proposed Project was reviewed for consistency with the EIR, pursuant to CEQA Guidelines §§ 15162 and 15168. CEQA Guidelines § 15162 provides that no further review is required under CEQA when there are no new or more severe environmental impacts caused by substantial changes in the project, substantial changes with respect to the circumstances under which the project is undertaken, and/or new information which was not known and could not have been known at the time of EIR certification.

The Tentative Map implements a residential subdivision contemplated under the Master Plan. The uses, design, and improvements under the Tentative Map are overall consistent with the Master Plan. There are no substantial changes to the Master Plan being proposed. The Tentative Map has been reviewed and the map, as conditioned through the Conditions of Approval to address significant impacts related to water, wastewater, and transportation, is within the scope of the Final EIR (SCH#: 2018122052), with accompanying findings regarding Significant Environmental Impacts, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program applicable to development of the Zacharias /Baldwin Rach Master Plan area.

Based on that review, staff determined that the Project, as conditioned through the Conditions of Approval and the MMRP to address significant impacts that would result from the Tentative Map, is within the scope of the EIR.

FISCAL IMPACT
This item will include minor administrative costs similar to other public hearings, but implementation of the required Conditions of Approval will be the responsibility of the Applicant.

ATTACHMENTS
City Council Resolution No. 2025-17
Conditions of Approval

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