RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Patterson, California 95363
Attention: City Clerk
Space above this line reserved for Recorder's use. Exempt from Recording Fees (Govemment Code Section 6101 and 27383).
AN AGREEMENT BETWEEN THE CITY OF PATTERSON AND JAMES FAIRFIELD
FOR THE PURPOSE OF AUTHORIZING THE REPLACEMENT OF A DOMESTIC
WATER WELL
This Well Variance Agreement ("Agreement") is entered into this 16th day of September, 2025 ("Effective Date"), by and between the City of Patterson, a municipal corporation ("City") and James Fairfield ("Owner"). City and Owner may be referred to herein individually as "Party" or collectively as "Parties".
WITNESSETH:
A. WHEREAS, on August 25, 2025, Owner submitted to City an Application for a Variance and an 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"), and more particularly described in Exhibit A attached hereto.
B. 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.
C. 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.
D. 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.
1 Well Variance Agreement-City of Patterson & James Fairfield E. 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. In this case, 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.
F. 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.
G. 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.
The Ivy Rose Agreement provides the owner the option to repair or replace an existing well on the Property if the existing well fails.
H. 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-_ _ ("Resolution"), a copy of which is attached hereto as Exhibit B. The Resolution conditionally approved the requested variance to install the Well pursuant to the conditions of approval stated in the Resolution and the terms of this Agreement.
NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:
AGREEMENT
Section 1. Recitals. The recitals set forth above are true and correct and are hereby incorporated into and made part of this Agreement by this reference.
Section 2. Authorization to Replace Domestic Water Well. Pursuant to the conditional approval contained in the Resolution and the terms and conditions of this Agreement, City authorizes Owner to replace the well on the Property as a source of domestic water for the residence and residential irrigation situated on the Property.
Section 3. Term. The term of this Agreement is governed by the provisions of the Ivy Rose Agreement. The Parties may, by mutual written consent, terminate this Agreement prior to the expiration of the term specified in the referenced agreement incorporated as Exhibit C.
Section 4. Limitation on Well Use and Annual Report. Well production shall be limited to the amount of water necessary for domestic use and residential irrigation by the residence located on the Property and shall not exceed 651,702 gallons per year under any circumstances. The Owner shall not sell, transfer, trade, or otherwise provide water to any irrigation district or to any other person or entity.
2 Well Variance Agreement-City of Patterson & James Fairfield The Owner is required to install a meter on the well and submit an annual written water use report ("Annual Report") to the City, indicating the total volume of water produced during the preceding calendar year. The Annual Report must be based on the Owner's best knowledge and sworn to be true and correct. Reports are due no later than January 31 of each year for the prior year.
Section 5. Specifications of Well. The Well shall be "shallow" in design, to wit: roughly less than three hundred (300) feet deep. The replacement well shall be constructed to match the specifications of the original well and shall not be increased in size, depth, horsepower, pumping capacity, or any other characteristic that may alter its original operational capacity. Any modification that could affect the scope of the City's Notice of Exemption under CEQA or any applicable environmental review shall be prohibited. The Owner shall provide the City with detailed specifications of the proposed replacement well for review and confirmation of compliance prior to the commencement of construction.
Section 6. Destruction of Existing Well. The owner may continue to operate the existing well until the new Well is constructed and operational. Following the completion and commissioning of the new Well, the Owner shall destroy the existing well in compliance with all applicable local, county, and state regulations, including but not limited to the requirements of Stanislaus County, Department of Environmental Resources. The destruction shall be performed by a licensed and qualified professional. Documentation confirming proper destruction of the existing well shall be submitted to the City for review and approval as a condition of final acceptance or operation of the new Well.
Section 7. Approval of Plans. The City shall review and approve the Well construction plans and/or design. Owner agrees to pay reasonable costs for engineering review.
Section 8. Compliance with Applicable Laws and City Conditions. When installing the Well, Owner shall, at Owner's expense, comply with the requirements of the City's building codes, other requirements in the Code, or other City, county, state (including but not limited to CEQA) or federal requirements. Owner agrees to construct the Well in accordance with the plans, drawings and specifications required and approved by the City.
Section 9. City Review of Plans and CEOA Compliance. City staff and the City Council have reviewed and evaluated Owner's application and environmental information form, which are attached hereto as Exhibit D. The City Council made the appropriate findings for approval of the Well. From the information provided in the application and the environmental information form and due to the modest scope of the Well and the strict limitation on the amount of water that the Owner can pump, the City Council determined with certainty that there is no possibility that the Well will have a significant effect on the environment.
Section 10. Revocation of Approval. The authorization provided in this Agreement is conditional upon Owner's compliance with the terms and conditions of this Agreement and applicable laws. Authorization is also conditional upon adequate supply of water. In the event the City determines that water levels or water quality in the aquifer being drawn upon by the Well are inadequate, City retains full discretion to revoke this authorization and, in the event of such revocation, Owner agrees to implement reasonable reductions in water use as directed by the City 3 Well Variance Agreement-City of Patterson & James Fairfield to mitigate further impacts. These reductions shall remain in effect until the City notifies the Owner in writing that normal use may resume. These reductions will be determined by the City's Pumping Reduction Plan and any additional measures established by the City Council.
Section 11. Indemnification and Hold Harmless. Owner, for himself, his successors and assigns, agrees to indemnity and hold harmless the City, it agents and employees, and other public agencies, their agents and employees, from responsibility which may arise from or be incurred as a result of Owner's construction of the Well on the Property, including but not limited to injury or damage to persons or property.
Section 12. Agreement Attaches to Land. This Agreement shall be recorded with the County Recorder's Office. Pursuant to the "covenant running with the land" provisions outlined in the Ivy Rose Agreement, this Agreement shall be binding and appurtenant to the land.
Section 13. Exhibits. All exhibits attached hereto are by this reference incorporated into this Agreement.
Section 14. Modification. No alteration, amendment, modification, or termination of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement.
Section 15. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.
Section 16. Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
Section 17. Entire Agreement. This Agreement, together with its specific references, attachments and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof, and supersedes any and all prior negotiations, understanding and agreements with respect hereto, whether oral or written. The terms of this Agreement are intended by the Parties as a final expression of their agreement with respect to each and every term and condition included herein and may not be contradicted by evidence of any prior agreement, contemporaneous oral agreement and/or contemporaneous oral representation.
Section 18. Precedents. The grant of a prior variance shall not set a precedent for the granting of a further variance, and each application shall be considered only on its individual merits (Code Section 18.80.140).
4 Well Variance Agreement-City of Patterson & James Fairfield IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed as of the date first hereinabove mentioned.
CITY: OWNER:
City of Patterson,
a municipal corporation
By:_ In for tripel
Fernando Ulloa, City Manager
ATTEST:
By:_
Aracely Alegre, City Clerk
APPROVED AS TO FORM:
By:_
Nubia I. Goldstein, City Attorney
5 Well Variance Agreement-City of Patterson & James Fairfield EXHIBIT "A"
Legal Property Description
741 Rose Avenue, Patterson, CA 95363
APN: 047-016-017
Rose Ave
184 feel
6 Well Variance Agreement-City of Patterson & James Fairfield EXHIBIT "B"
Resolution No. 2025-_
7 Well Variance Agreement-City of Patterson & James Fairfield EXHIBIT "C"
WATER/SEWER CONNECTION AND SOUND WALL AGREEMENT between the City and the Owner, executed on November 12, 2024 (DOC-2025-0004429) 8 Well Variance Agreement-City of Patterson & James Fairfield **8000063383111
RECORDING REQUESTED BY AND Stanislaus County Recorder
WHEN RECORDED RETURN TO: Donna Linder, County Clerk-Recorder DOC - 2025-0004429
Monday, February 3, 2026 13:53:02
City of Patterson Customer: Public
1 Plaza Cir. Total Pald: No Fee Receipt #: 2025257898
Patterson, CA 95363 SRA/CHKQZV2/140
Attn: City Clerk
(Space above this line for Recorder's use)
(Recording fees exempt per Gov. Code, §8 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 Fairfield. James (Property Owner"), the owner of that certain property located at 741 Rose Avenue, Stanislaus County, California, commonly known as Assessor's Parcel Number 047-016-017 ("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").
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.
This Agreement pertains to the properties within the "Ivy Rose Area" of the Zacharias Project, as further described in Exhibit B attached hereto.
(CW136539.20)
SA
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.
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
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 health or safet
oncement, Up truste prie digs or ause by tobie o Prey. City may ea the time period as necessary to provide Property Owner with a reasonable opportunity to execute this Agreement.
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
(CW136539.20)
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:
The water main and laterals stubbed out to the property line along Ivy (a)
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 pase described in the Master Plan, adjacent to the Ivy Rose Area.
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 no be subject to City's water impact fee. In the event that the Property is subdivided o devéloped, 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 water impact fee or require a connection to City's water system. This provision shall not apply to any structure that does
(CW136539.20}
not qualify as an ADU pursuant to the City Code or Goverment Code section 66310 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 onnection to City's sewer system. This provision shall not apply to any structure that doe ot qualify as an ADU pursuant to the City Code or Government Code section 66310 e 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.
Wells and Septic Systems.
(CW136539.20}
(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.
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:
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.
Construction of the sound wall shall occur as the parcels adjacent to the Ivy (d)
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 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.
(CW136539.20)
(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.
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.
Property Owner agrees to provide City and Developers with access to the (1)
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.
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.
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 disagreement arise between the Parties with respect to the interpretation or administration
{CW136539.20}
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
{CW136539.20}
White Brenner LLP
1608 T Street
Sacramento, CA 95811
ATTN: Nubia I. Goldstein, Esq.
PROPERTY OWNER: James Fairfield
741 Rose Avenue
Patterson, CA 95363
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.
(CW136539.20)
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.
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.
Calendar Days. All references in this Agreement to a certain number of days will be deemed to mean calendar days, unless stated otherwise. () 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.
(1) 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 [Signatures on following page]
{CW136539.20}
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:
in force trifiled
Print: James Fairfield
11.12.24 Date: 4 Nor 24
Date:
ATTEST:
Oncely Claque
Aracely Alegre, City Clerk
APPROVED AS TO FORM:
Mula gah
Nubia I. Goldstein, City Attorney
‹CW136539,20}
EXHIBIT "D»
Application and Environmental Information Form
Well Variance Agreement-City of Patterson & James Fairfield DAM Community Development Department
OF ERS
1 Plaza, PO Box 667
Patterson, CA. 95363
Ph. 209.895.8020
Fax 209.895.8019
INCORPORATED www.ci.patterson.ca.us
Environmental Information Form
This information is provided as a guide to assist you in the preparation of the Environmental Information Form. It is also intended to explain the process by which the City analyzes and acts upon the form.
The State of California requires that most development projects submitted to the City of Patterson undergo some level of review under the California Environmental Quality Act (CEQA).
CEQA is a state law that requires an analysis and public report on the potential environmental effects of any project that is carried out or approved by the City. The Environmental Information Form is used to determine whether a project needs to be reviewed under the CEQA regulations. The City of Patterson is responsible for reviewing the project to determine whether it is exempt from CEQA review.
If CEOA review is required, three types of reports are typically prepared for projects: 1) CEQA Exemption, 2) a Negative Declaration, or 3) an Environmental Impact Report. A majority of projects are either Exempt or Negative Declarations. Planning Staff will let you know what type of documentation is required based upon the type of project that is being proposed, the characteristics of the property, and other factors that are spelled out in State CEQA regulations.
Application Submittal
The Environmental Information Form shall be filed by the property owner or their representative agent on forms prescribed for this purpose. The application shall be submitted to the Planning Department, 1 Plaza (P.O. Box 667), Patterson, CA 95363.
Additional information may be required by the Planning Director during the review of the application.
1| Page
Community Development Department
OF ANDRS 1 Plaza, PO Box 667
Patterson, CA. 95363
Ph. 209.895.8020
Fax 209.895.8019
ICOPPORATED KEE www.ci.patterson.ca.us
Number of Units, Unit Size, Range of Sale Prices/Rents, and Type of Household Size expected (Residential Only) Jingle tamiy tome
Type of Development (Regional, City or Neighborhood), Square Footage of Sales Area and Loading facilities (Commercial Only) Construction et frivateles
Type, Number of Employees per Shift and Number of Loading Facilities (Industrial Only) NA
Major Function Employees per Shift, Occupancy, Loading Facilities, Community Benefit of Project (Institutional Only) NA
Are the following items Applicable to the project or its effects? Please explain on additional sheets all items checked 'Yes'
Yes No
• • Inconsistent with the City of Patterson's General Plan. • Affect the use of a recreation area or area of important aesthetic value.
Affect the functioning of an established community/neighborhood. • Displace community/neighborhood residence.
Affect unique natural or man-made features in the project area Significantly affect the potential use, extraction or conservation of a scarce natural resource
Significantly affect a historical or archeological site Serve as wildlife habitat for rare/endangered plant or animal species • Affect fish, wildlife or plant life
Result in soil erosion of agricultural land
Change the pattern, scale, or character of the general area of the project Require certification, authorization or issuance of a permit by a Local, State, or Federal environmental control agency
Require facilities to be constructed in a flood plain
Require facilities to be constructed on land with greater than a 15% slope Require constructing facilities on an active geologic fault Generate significant amounts of dust or noise (in either the construction or operational stages)
Generate significant amounts of solid waste
Substantially change existing noise or vibration levels Endanger the quality of the regional air or water resources • Cause a significant change in the hydrology of the area 2| Page
Community Development Department
1 Plaza, PO Box 667
Patterson, CA. 95363
Ph. 209.895.8020
Fax 209.895.8019
19 www.ci.patterson.ca.us
NCORPORATED
Yes No
One in a series of foreseeable actions that may ultimately have an impact on the environment
Involve the application, use or disposal of potentially hazardous waste Certification: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability and that the facts, statements, and information presented are true and correct the best of my knowledge and belief. If any of the facts represented here change it is my responsibility to inform the city of patterson.,
_Date: 25 Aug 25
3| Page
Community Development Department
OF PATTER 1 Plaza, PO Box 667
Patterson, CA 95363
209.895.8020
email: [email protected]
HICORPORATED COO www.pattersonca.gov
VARIANCE
This information is provided as a guide to assist you in the preparation of the application for a Variance. It is also intended to explain the process by which the City analyzes and acts upon the application.
What is a Variance?
The Patterson City Code allows for relief from the zoning ordinance under specific and strict standards. A Variance is a provision that allows for relief from the zoning ordinance where difficulties and unnecessary hardships may result from the strict application of the Zoning Ordinance. Variances are granted only for relief from development standards and shall not be construed to allow any deviation from land use restrictions.
Application Submittal
An application for a Variance shall be filed by the property owner or their representative/agent on forms prescribed for this purpose. The application shall be submitted to the Planning Department, 1 Plaza (P.O. Box 667), Patterson, CA 95363.
A written explanation of the proposed variance and why the variance will meet the required finding (see "Required Findings")
• Any evidence or other information that demonstrates that the required findings can be made (may include, but not limited to, photographs, maps, or sketches) Proof of owner's interest in the property (copy of deed, tax bill, etc...) Owner's concurrence in the application (if owner does not sign the application) A location map
A site plan (a drawing of the proposed project with dimensions) A written list of any other permits or approvals required or already obtained for this project (include agency, permit #, and dates)
A completed Environmental Information Form
Community Development Department
ERS 1 Plaza, PO Box 667
Patterson, CA 95363
209.895.8020
email: [email protected]
CORPORAID OR www.pattersonca.gov
Processing the Application
The processing time for a completed application for a Variance varies from one to three months depending on the complexity of the application, any required environmental documentation and public noticing requirements. A hearing before the Planning Commission will be scheduled and open to the public. It is recommended that the applicant or their agent attend the hearing to speak on behalf of the applicant and to answer questions the Planning Commission may have.
Planning staff will prepare a staff report for the Planning Commission. The staff report contains an analysis of the application and a recommendation for action by the Planning Commission.
This recommendation may be to approve the application, approve the application with staff recommended changes, approve the application with changes or revisions, or to recommend denial. The petitioner and their agents will be mailed a copy of the meeting agenda and staff report prior to the Planning Commission hearing.
Note: If the application is not complete within thirty (30) days of receipt the City of Patterson Planning Department will deem the application incomplete, request additional information or return the application and application fee(s) to the applicant.
Procedure
Variance Review
1. Pre-Application Conference with Planning Department Staff (Optional).
2. Submit Application.
3. Staff Review Application for Completeness.
4. Staff Evaluation of Application.
5. Staff Produces Staff Report and Recommendations.
6. Public Notice sent to the newspaper and surrounding properties at least 10 days in advance of the Planning Commission Hearing.
7. Planning Commission Meeting.
8. After meeting:
a. If Approved: Application is valid 10 business days after Planning Commission meeting, unless an aggrieved party appeals the Planning Commission decision to the City Council.
b. If Denied: Petitioner can appeal the decision of the Planning Commission to the City Council.
Community Development Department
1 Plaza, PO Box 667
Clar Patterson, CA 95363
209.895.8020
email: [email protected]
ACORPORATED TON® www.pattersonca.gov
Decisions and Appeal Process
After the Planning Commission has rendered a decision, you will receive written communication of this determination, and if approved, any conditions of approval. Any interested party, aggrieved by the determination of the Planning Commission, may appeal this decision to the City Council, within ten (10) business days after such date of determination. approval of the application is not in effect until the appeal period has expired, or any appeal files has been acted upon by the City Council. Appeals must be made in written form, addressed tr the City Council and accompanied by the required fee of $686.00.
If not utilized or acted upon, a Variance permit will expire one (1) year from the date of the determination. Extensions may be granted by written request to the Planning Commission accompanied by the required fee of $238.00. A variance may be revoked if conditions are not met.
Building Permits
Application for a Variance does not constitute an application for a building permit. Separate building permit applications are required prior to any construction. Building permits shall not be issued until the appeal period has expired or any appeals filed have been made upon by the City Council.
Required Findings
To approve an application for a Variance, the Planning Commission must determine that this project complies with the following required findings:
A) There are exceptional or extraordinary circumstances or conditions applying to land, buildings, or uses referred to in the application which circumstances or conditions do not apply to land, buildings, and/or uses in the same district.
B) The granting of such application will not, under the circumstances of the particular case of as conditioned, materially affect adversely, be injurious or detrimental to the health, safety, or general welfare of persons or property in the vicinity of the subject site, or the general welfare of the city.
Community Development Department
OF MEERSON 1 Plaza, PO Box 667
Patterson, CA 95363
209.895.8020
email: [email protected]
•CORPORATED ON www.pattersonca.gov
C) The strict application of this title deprives such property of privileges enjoyed by other properties in the vicinity and under identical zoning classifications.
D) The granting of such variances shall not constitute a special privilege. 4| Pare
Community Development Department
1 Plaza, PO Box 667
Patterson, CA 95363
209.895.8020
email: [email protected]
NCORPORATED www.pattersonca.gov
Application Contents
Written summary of the proposed Variation.
Any evidence or other information that demonstrates that the required findings can be made.
Proof of owner's interest in property (i.e. copy of deed, tax bill, etc.) Location Map
Site Plan, depicting proposed project with dimensions.
A written list of and other permits or approvals required or already obtained for this project.
A completed Environmental Information Form (attached).
• Other information and/or attachments as may be required by the Planning Director/Planning Commission.
Variance Fee:
$1106.00 RESIDENTIAL
$1996.00 NON-RESIDENTIAL
Note: At least one copy of all the maps, site plans, floor plans, etc., must be provided as an
8.5 x 11" or 11" x 17" reproducible copy.
Note: Should your project require an environmental review, the applicant is responsible for the environmental filing fees (effective 1-1-2025) as follows:
• Negative Declaration (ND) or Mitigated Negative Declaration (MND)* $2968.75 • Environmental Impact Report (EIR)* $4123.50
• Environmental Document Pursuant to a Certified Regulatory Program* $1401.75 County Clerk Processing Fee $57.00
(*Department of Fish and Game Fees)
PA Community Development Department
CTEA 1 Plaza, PO Box 667
Patterson, CA 95363
209.895.8020
email: [email protected]
NCORPORATED www.pattersonca.gov
VARIANCE
Project #: Fairtie/d Well
Name of Project / Development
Fairfield Well
Applicant Name
James Fairfield
Mailing Address/City/State/Zip
510-200-4894 [email protected]
Phone Number
74 Rose Ar, Patterson, CA 95363
James Fairfield
Mailing Address/City/State/Zip
741 Rose Ar Patron [email protected]
Phone Number
Property Description / Location:
241 Rose Ar, latterson, CA 95363
Street Address
047-016-017
Assessor's Parcel Number(s) APN:
SIGNATURES:
The above information as well as the plans and materials submitted herewith in support of this application are, to the best of my/our knowledge, true and correct.
APPLICANT: DATE: 25 Aug 25
OWNER: 9 Fail DATE: 25 Ang 25
6 | Page
James Fairfield
741 Rose Av
Patterson, CA 95363
Cell: (510) 200-4894
City of Patterson
Patterson, CA 945363
3 July 2025
To Whom It May Concern;
1. Property Address: 741 Rose Av
Patterson, CA 95363
APN: 047-016-017-000
2. The well is failing due to a cracked well head. The new pump is shutting down at least twice a month and has to be reset (Breaker). The water is clogging the sediment filter causing it to be replaced monthly. The water is bad and has high nitrogen levels. The water requires a point of use reverse osmosis water filter in addition to a charcoal filtration system.
3. The well is still in use but is failing. The water is for household and light irrigation use.
4. Well installation is around 2001. The well is approximately 110 ft.
5. The new well will be serving a single residence. I started to have a replacement well done in April, 2024 but didn't have the money available.
6. The current well contract as well as the April 2024 contract is attached.
Thank you for your assistance.
Sincerely,
Afarfill
James Fairfield
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Line Measure
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Septic system
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Existing Well New well 170 ft from East property line
New well 50 ft from old well.
180 ft from South property line
Google Earth
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