RESOLUTION NO. 2025-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON
APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF
PATTERSON AND JAMES FAIRFIELD FOR THE PURPOSE OF AUTHORIZING
THE REPLACEMENT OF A DOMESTIC WATER WELL
WHEREAS, on August 25, 2025, James Fairfield (“Owner”) submitted to the City of Patterson (“City”) an Application for a Variance and Environmental Information Form (collectively “Application”) to replace a domestic water well (“Well”) to service the residence situated on the property located at 741 Rose Avenue, County of Stanislaus, City of Patterson, State of California (“Property”).
WHEREAS, currently the existing well is operating at a very minimal capacity due to a structural failure at the wellhead. Upon inspection by the Owner and their technical consultant, the wellhead was found to have significant cracking, which has compromised its integrity and overall functionality. The extent and location of the damage render the wellhead irreparable using standard repair methods. In addition to the structural issues, the well is producing water of poor quality, including elevated nitrogen levels and high sediment content, requiring frequent filtration and treatment to meet basic household needs. While the well remains marginally functional, continued use is limited and poses a risk of further structural deterioration, water quality degradation and potential environmental concerns. As such, the well is considered unserviceable for reliable operation and will likely require permanent abandonment or replacement with a new well.
WHEREAS, the Owner intends to replace the existing well but must first obtain a variance to construct a new well within the city limits. The proposed well will be used solely for domestic purposes and residential irrigation.
WHEREAS, Patterson Municipal Code (“Code”) Section 13.20.010 prohibits, with the exception of the Patterson Water Company, the installation of water wells within the City for any purpose.
WHEREAS, pursuant to Title 18 of the Code, the City Planning Commission or City Council may grant a variance to allow relief in certain situations where unnecessary hardships and consequences inconsistent with the general purpose of the City’s zoning code result from strict application of Code Section 13.20.010. While this request is not a zoning matter, the variance process is being utilized to evaluate and approve the proposal. The City Planner has determined that Planning Commission review is not required, and the variance may be considered and approved directly by the City Council.
WHEREAS, the Code further states that the granting of a variance shall not exempt the applicant from complying with the requirements of the City’s building codes, other requirements in the Code, or other City, county, state (including but not limited to the California Environmental Quality Act (“CEQA”)) or federal requirements.
WHEREAS, on November 12, 2024, City and Owner entered into a Water/Sewer connection sound wall Agreement (DOC-2025-0004429) (“Ivy Rose Agreement”) to memorialize the terms and conditions for connection to the City’s water and sewer systems as part of the Zacharias Annexation. The Ivy Rose Agreement provides the owner the option to repair or replace an existing well on the Property if the existing well fails. The current variance request aligns with the scope of that prior agreement.
WHEREAS, on September16, 2025 the City Council held a properly noticed public hearing (“Hearing”) where it: (i) considered the Application; (ii) made the required findings; and (iii) passed Resolution 2025-55 (“Resolution).
NOW, THEREFORE, BE IT RESOLVED that City and Owner agree to the terms and conditions set forth in the agreement attached hereto and incorporated herein by reference.
PASSED AND ADOPTED by the Patterson City Council at a regular meeting held on the 16th day of September 2025, by_______________________, who moved its adoption, which 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
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 16th day of September 2025, 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