Agenda packet — City Council and Concurrent Authorities, July 7, 2026 (part 11 of 12)

Lane Group EBT EBR WBT WBR NBL NBT SBL SBT
Lane Group Flow (vph) 187 158 273 16 216 1563 72 2360
v/c Ratio 1.35 0.36 1.30 0.04 0.76 0.55 0.47 1.00
Control Delay 233.5 18.4 203.6 0.2 63.8 18.0 61.1 49.4
Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Total Delay 233.5 18.4 203.6 0.2 63.8 18.0 61.1 49.4
Queue Length 50th (ft) ~185 37 ~265 0 152 257 51 608
Queue Length 95th (ft) #340 100 #443 0 256 388 106 #923 Internal Link Dist (ft) 308 219 1238 2542
Turn Bay Length (ft) 50 50 415 400
Base Capacity (vph) 139 439 210 417 384 2843 384 2363
Starvation Cap Reductn 00000000
Spillback Cap Reductn 00000000
Storage Cap Reductn 00000000
Reduced v/c Ratio 1.35 0.36 1.30 0.04 0.56 0.55 0.19 1.00 Intersection Summary
~ Volume exceeds capacity, queue is theoretically infinite.

Queue shown is maximum after two cycles.
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2238
Queues
6: West Ln & Knickerbocker Dr 05/29/2024
Cumulative_Project AM 12:58 pm 09/05/2023 Synchro 11 Report

Page 5 ends

Lane Group EBL EBT WBL WBT NBL NBT NBR SBL SBT
Lane Group Flow (vph) 88 84 159 165 24 1563 71 198 2437 v/c Ratio 0.52 0.38 0.69 0.56 0.25 0.73 0.10 0.69 0.83
Control Delay 64.4 39.7 65.5 41.5 65.9 33.1 0.3 59.3 26.8 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Total Delay 64.4 39.7 65.5 41.5 65.9 33.1 0.3 59.3 26.8 Queue Length 50th (ft) 62 42 112 90 17 333 0 139 549
Queue Length 95th (ft) 141 92 227 161 56 #745 0 257 #1073 Internal Link Dist (ft) 509 757 551 600
Turn Bay Length (ft) 140 70 275 130 260
Base Capacity (vph) 246 395 329 478 98 2140 732 510 2920 Starvation Cap Reductn 000000000
Spillback Cap Reductn 000000000
Storage Cap Reductn 000000000
Reduced v/c Ratio 0.36 0.21 0.48 0.35 0.24 0.73 0.10 0.39 0.83 Intersection Summary
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2239
Queues
7: West Ln & Hammer Ln 05/29/2024
Cumulative_Project AM 12:58 pm 09/05/2023 Synchro 11 Report

Page 6 ends

Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Group Flow (vph) 476 1200 229 600 1035 251 292 943 211 371 1693 438 v/c Ratio 0.82 0.75 0.44 0.93 0.60 0.44 0.84 0.48 0.34 0.93 0.81 0.58 Control Delay 74.9 57.1 13.2 82.9 51.3 13.3 90.2 44.6 6.3 96.9 52.1 10.2 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 74.9 57.1 13.2 82.9 51.3 13.3 90.2 44.6 6.3 96.9 52.1 10.2 Queue Length 50th (ft) 248 333 33 320 271 38 156 232 0 201 475 44 Queue Length 95th (ft) 310 377 111 #436 319 124 #236 270 62 #308 526 155 Internal Link Dist (ft) 1522 1363 1435 492
Turn Bay Length (ft) 265 265 340 190 390 390 390 330
Base Capacity (vph) 668 1748 559 668 1772 576 356 2039 640 401 2122 768 Starvation Cap Reductn 000000000000
Spillback Cap Reductn 000000000000
Storage Cap Reductn 000000000000
Reduced v/c Ratio 0.71 0.69 0.41 0.90 0.58 0.44 0.82 0.46 0.33 0.93 0.80 0.57 Intersection Summary
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2240
Queues
8: Caywood Dr & Morada Ln 05/29/2024
Cumulative_Project AM 12:58 pm 09/05/2023 Synchro 11 Report

Page 7 ends

Lane Group EBL EBT WBL WBT WBR NBT SBL SBT
Lane Group Flow (vph) 15 1555 79 1096 39 123 103 106
v/c Ratio 0.10 0.72 0.39 0.39 0.04 0.46 0.46 0.38
Control Delay 39.1 22.3 40.2 11.9 0.1 11.5 40.6 14.1
Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Total Delay 39.1 22.3 40.2 11.9 0.1 11.5 40.6 14.1
Queue Length 50th (ft) 7 225 37 91 0 0 50 6
Queue Length 95th (ft) 28 361 86 208 0 40 109 54
Internal Link Dist (ft) 1289 1260 552 170
Turn Bay Length (ft) 300 300 250 250
Base Capacity (vph) 232 2241 349 2925 966 339 442 470
Starvation Cap Reductn 00000000
Spillback Cap Reductn 00000000
Storage Cap Reductn 00000000
Reduced v/c Ratio 0.06 0.69 0.23 0.37 0.04 0.36 0.23 0.23 Intersection Summary

ATTACHMENT E
2241
Queues
9: Cherbourg Wy & Morada Ln 05/29/2024
Cumulative_Project AM 12:58 pm 09/05/2023 Synchro 11 Report

Page 8 ends

Lane Group EBL EBT WBL WBT WBR NBT SBL SBT
Lane Group Flow (vph) 30 1621 175 1151 39 157 216 213
v/c Ratio 0.22 0.87 0.65 0.46 0.05 0.56 0.70 0.68
Control Delay 48.1 35.7 50.4 18.4 0.1 13.3 49.1 45.5
Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Total Delay 48.1 35.7 50.4 18.4 0.1 13.3 49.1 45.5
Queue Length 50th (ft) 17 314 97 168 0 0 125 114
Queue Length 95th (ft) 51 #550 185 271 0 47 227 214
Internal Link Dist (ft) 1260 1170 828 237
Turn Bay Length (ft) 350 350 250 300
Base Capacity (vph) 191 1855 382 2550 853 334 454 453
Starvation Cap Reductn 00000000
Spillback Cap Reductn 00000000
Storage Cap Reductn 00000000
Reduced v/c Ratio 0.16 0.87 0.46 0.45 0.05 0.47 0.48 0.47 Intersection Summary
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2242
Queues
11: Glacier Point Dr & Morada Ln 05/29/2024
Cumulative_Project AM 12:58 pm 09/05/2023 Synchro 11 Report

Page 9 ends

Lane Group EBL EBT WBL WBT WBR NBL NBT SBL SBT
Lane Group Flow (vph) 184 1974 107 1146 343 159 174 235 192 v/c Ratio 0.76 0.93 0.82 0.63 0.46 0.92 0.52 0.81 0.46
Control Delay 72.8 44.4 101.7 36.6 5.4 106.9 35.0 72.7 31.0 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Total Delay 72.8 44.4 101.7 36.6 5.4 106.9 35.0 72.7 31.0 Queue Length 50th (ft) 150 585 91 304 0 136 81 191 92
Queue Length 95th (ft) 231 #704 #203 362 70 #279 156 #305 165 Internal Link Dist (ft) 1050 631 505 258
Turn Bay Length (ft) 310 215 100
Base Capacity (vph) 289 2168 130 1824 752 173 386 333 498 Starvation Cap Reductn 000000000
Spillback Cap Reductn 000000000
Storage Cap Reductn 000000000
Reduced v/c Ratio 0.64 0.91 0.82 0.63 0.46 0.92 0.45 0.71 0.39 Intersection Summary
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2243
Queues
12: Holman Rd & Morada Ln 05/29/2024
Cumulative_Project AM 12:58 pm 09/05/2023 Synchro 11 Report

Page 10 ends

Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Group Flow (vph) 290 1525 309 180 990 246 261 219 102 335 474 327 v/c Ratio 0.81 1.07 0.55 0.66 0.84 0.48 0.76 0.31 0.33 0.83 0.54 0.61 Control Delay 65.5 85.8 23.1 62.4 52.8 14.2 61.9 47.2 11.9 63.2 47.3 10.0 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 65.5 85.8 23.1 62.4 52.8 14.2 61.9 47.2 11.9 63.2 47.3 10.0 Queue Length 50th (ft) 192 ~434 78 121 249 25 174 52 0 222 114 0 Queue Length 95th (ft) #496 #881 252 270 442 127 376 96 51 #549 196 86 Internal Link Dist (ft) 631 1519 1612 1594
Turn Bay Length (ft) 250 225 300 215 315 215 300 225
Base Capacity (vph) 477 1426 557 477 1182 513 556 1404 504 556 1404 666 Starvation Cap Reductn 000000000000
Spillback Cap Reductn 000000000000
Storage Cap Reductn 000000000000
Reduced v/c Ratio 0.61 1.07 0.55 0.38 0.84 0.48 0.47 0.16 0.20 0.60 0.34 0.49 Intersection Summary
~ Volume exceeds capacity, queue is theoretically infinite.

Queue shown is maximum after two cycles.
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2244
Queues
13: Maranatha Dr & Morada Ln 05/29/2024
Cumulative_Project AM 12:58 pm 09/05/2023 Synchro 11 Report

Page 11 ends

Lane Group EBL EBT WBL WBT NBL NBT NBR SBL SBT SBR
Lane Group Flow (vph) 69 1893 65 1174 98 8 94 72 25 101 v/c Ratio 0.35 0.66 0.34 0.41 0.42 0.03 0.27 0.31 0.08 0.29 Control Delay 44.1 16.1 44.1 12.7 38.1 30.4 9.2 35.2 31.1 9.1 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Total Delay 44.1 16.1 44.1 12.7 38.1 30.4 9.2 35.2 31.1 9.1 Queue Length 50th (ft) 33 223 31 113 46 4 0 33 11 0
Queue Length 95th (ft) 91 480 88 252 100 16 39 77 35 41 Internal Link Dist (ft) 1519 790 491 364
Turn Bay Length (ft) 300 310 90 90 90 90
Base Capacity (vph) 461 3423 461 3431 593 801 725 602 801 728 Starvation Cap Reductn 0000000000
Spillback Cap Reductn 0000000000
Storage Cap Reductn 0000000000
Reduced v/c Ratio 0.15 0.55 0.14 0.34 0.17 0.01 0.13 0.12 0.03 0.14 Intersection Summary

ATTACHMENT E
2245
Queues
14: Diamond Bar Pl & Morada Ln 05/29/2024
Cumulative_Project AM 12:58 pm 09/05/2023 Synchro 11 Report

Page 12 ends

Lane Group EBL EBT WBL WBT NBL NBT NBR SBL SBT
Lane Group Flow (vph) 198 1767 19 1136 63 22 69 60 125
v/c Ratio 0.72 0.52 0.19 0.43 0.45 0.13 0.24 0.43 0.50
Control Delay 62.6 14.4 57.5 21.5 61.8 47.3 2.0 61.6 15.7 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Total Delay 62.6 14.4 57.5 21.5 61.8 47.3 2.0 61.6 15.7 Queue Length 50th (ft) 148 179 14 180 47 17 0 45 4
Queue Length 95th (ft) 217 503 39 349 92 36 0 88 53
Internal Link Dist (ft) 790 329 528 581
Turn Bay Length (ft) 180 100 65 65 150
Base Capacity (vph) 374 3400 153 2629 227 393 452 227 427 Starvation Cap Reductn 000000000
Spillback Cap Reductn 000000000
Storage Cap Reductn 000000000
Reduced v/c Ratio 0.53 0.52 0.12 0.43 0.28 0.06 0.15 0.26 0.29 Intersection Summary

ATTACHMENT E
2246
Queues
15: West Ln & Marlette Rd 05/29/2024
Cumulative_Project AM 12:58 pm 09/05/2023 Synchro 11 Report

Page 13 ends

Lane Group EBL EBT EBR WBL WBT NBL NBT NBR SBL SBT SBR
Lane Group Flow (vph) 259 74 361 330 32 188 1210 87 49 1396 111 v/c Ratio 0.52 0.28 0.84 0.78 0.12 0.55 0.63 0.13 0.39 0.94 0.20 Control Delay 36.4 40.5 32.2 47.2 22.9 49.6 29.7 3.0 55.5 47.4 6.4 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 36.4 40.5 32.2 47.2 22.9 49.6 29.7 3.0 55.5 47.4 6.4 Queue Length 50th (ft) 147 40 67 187 8 56 239 0 29 304 0 Queue Length 95th (ft) 244 89 #215 299 36 104 357 21 74 #512 39 Internal Link Dist (ft) 1462 1414 1985 2672
Turn Bay Length (ft) 300 300 300 300 300 300 300
Base Capacity (vph) 635 384 518 633 396 372 1913 669 134 1489 547 Starvation Cap Reductn 00000000000
Spillback Cap Reductn 00000000000
Storage Cap Reductn 00000000000
Reduced v/c Ratio 0.41 0.19 0.70 0.52 0.08 0.51 0.63 0.13 0.37 0.94 0.20 Intersection Summary
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2247
Queues
1: West Ln & Eight Mile Rd 05/29/2024
Cumulative_Project PM 1:19 pm 10/11/2023 Synchro 11 Report

Page 1 ends

Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Group Flow (vph) 242 978 498 466 1223 23 404 705 264 18 664 128 v/c Ratio 0.89 0.66 0.81 0.84 0.81 0.04 0.90 0.58 0.37 0.17 0.89 0.27 Control Delay 78.0 35.9 31.6 58.6 39.6 0.1 70.4 32.8 5.5 52.9 57.4 3.2 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 78.0 35.9 31.6 58.6 39.6 0.1 70.4 32.8 5.5 52.9 57.4 3.2 Queue Length 50th (ft) 170 218 191 165 286 0 147 199 0 12 241 0 Queue Length 95th (ft) #313 267 #348 #243 343 0 #239 307 61 36 #345 18 Internal Link Dist (ft) 546 4053 2672 2544
Turn Bay Length (ft) 240 240 165 165 375 375 410 410
Base Capacity (vph) 282 1573 638 579 1620 626 450 1219 711 116 762 481 Starvation Cap Reductn 000000000000
Spillback Cap Reductn 000000000000
Storage Cap Reductn 000000000000
Reduced v/c Ratio 0.86 0.62 0.78 0.80 0.75 0.04 0.90 0.58 0.37 0.16 0.87 0.27 Intersection Summary
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2248
Queues
2: West Ln & Project Rd (Full Access) 05/29/2024
Cumulative_Project PM 1:19 pm 10/11/2023 Synchro 11 Report

Page 2 ends

Lane Group WBL WBR NBT NBR SBL SBT
Lane Group Flow (vph) 76 111 1922 129 242 1601
v/c Ratio 0.32 0.36 0.93 0.18 0.61 0.42
Control Delay 28.3 9.8 30.2 4.7 27.9 4.5
Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0
Total Delay 28.3 9.8 30.2 4.7 27.9 4.5
Queue Length 50th (ft) 25 0 ~250 1 78 76
Queue Length 95th (ft) 64 39 #456 34 147 120
Internal Link Dist (ft) 1942 1387 472
Turn Bay Length (ft) 250 340
Base Capacity (vph) 364 414 2077 720 911 4783
Starvation Cap Reductn 000000
Spillback Cap Reductn 000000
Storage Cap Reductn 000000
Reduced v/c Ratio 0.21 0.27 0.93 0.18 0.27 0.33
Intersection Summary
~ Volume exceeds capacity, queue is theoretically infinite.

Queue shown is maximum after two cycles.
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2249
Queues
4: Morada Ln & West Ln 05/29/2024
Cumulative_Project PM 1:19 pm 10/11/2023 Synchro 11 Report

Page 3 ends

Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Group Flow (vph) 158 295 168 491 432 328 281 1508 565 303 1114 191 v/c Ratio 0.71 0.35 0.34 0.92 0.79 0.63 1.29 1.01 0.72 0.74 0.63 0.29 Control Delay 61.9 40.7 7.9 78.5 64.7 11.3 206.1 70.4 15.6 68.3 38.2 5.7 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 61.9 40.7 7.9 78.5 64.7 11.3 206.1 70.4 15.6 68.3 38.2 5.7 Queue Length 50th (ft) 124 110 3 231 203 0 ~180 ~586 90 140 323 0 Queue Length 95th (ft) 206 152 58 #334 265 93 #275 #683 251 192 376 55 Internal Link Dist (ft) 738 1289 2542 590
Turn Bay Length (ft) 200 300 300 300 300 320 320
Base Capacity (vph) 301 1143 601 602 620 544 218 1499 780 465 1864 691 Starvation Cap Reductn 000000000000
Spillback Cap Reductn 000000000000
Storage Cap Reductn 000000000000
Reduced v/c Ratio 0.52 0.26 0.28 0.82 0.70 0.60 1.29 1.01 0.72 0.65 0.60 0.28 Intersection Summary
~ Volume exceeds capacity, queue is theoretically infinite.

Queue shown is maximum after two cycles.
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2250
Queues
5: West Ln & W Ln Frontage Rd 05/29/2024
Cumulative_Project PM 1:19 pm 10/11/2023 Synchro 11 Report

Page 4 ends

Lane Group EBT EBR WBT WBR NBL NBT SBL SBT
Lane Group Flow (vph) 134 98 151 8 163 2370 41 1704
v/c Ratio 0.65 0.26 0.68 0.02 0.60 0.79 0.28 0.72
Control Delay 51.5 11.4 52.3 0.1 49.1 19.4 50.4 23.2
Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Total Delay 51.5 11.4 52.3 0.1 49.1 19.4 50.4 23.2
Queue Length 50th (ft) 74 5 84 0 92 413 23 280
Queue Length 95th (ft) 155 49 170 0 182 647 66 458
Internal Link Dist (ft) 308 219 1238 2542
Turn Bay Length (ft) 50 50 415 400
Base Capacity (vph) 334 565 359 549 488 3019 488 2787
Starvation Cap Reductn 00000000
Spillback Cap Reductn 00000000
Storage Cap Reductn 00000000
Reduced v/c Ratio 0.40 0.17 0.42 0.01 0.33 0.79 0.08 0.61 Intersection Summary

ATTACHMENT E
2251
Queues
6: West Ln & Knickerbocker Dr 05/29/2024
Cumulative_Project PM 1:19 pm 10/11/2023 Synchro 11 Report

Page 5 ends

Lane Group EBL EBT WBL WBT NBL NBT NBR SBL SBT
Lane Group Flow (vph) 96 78 129 146 69 2385 91 139 1730 v/c Ratio 0.50 0.33 0.59 0.50 0.46 1.08 0.12 0.60 0.67
Control Delay 57.0 34.2 58.2 31.4 61.2 76.8 0.3 56.9 25.1 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Total Delay 57.0 34.2 58.2 31.4 61.2 76.8 0.3 56.9 25.1 Queue Length 50th (ft) 58 32 77 53 42 ~623 0 83 308
Queue Length 95th (ft) 142 79 182 119 115 #1212 0 191 #624 Internal Link Dist (ft) 509 757 551 600
Turn Bay Length (ft) 140 70 275 130 260
Base Capacity (vph) 309 423 327 451 181 2199 753 363 2693 Starvation Cap Reductn 000000000
Spillback Cap Reductn 000000000
Storage Cap Reductn 000000000
Reduced v/c Ratio 0.31 0.18 0.39 0.32 0.38 1.08 0.12 0.38 0.64 Intersection Summary
~ Volume exceeds capacity, queue is theoretically infinite.

Queue shown is maximum after two cycles.
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2252
Queues
7: West Ln & Hammer Ln 05/29/2024
Cumulative_Project PM 1:19 pm 10/11/2023 Synchro 11 Report

Page 6 ends

Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Group Flow (vph) 673 1529 203 444 1202 273 519 1732 281 302 1235 368 v/c Ratio 1.06 0.84 0.37 0.88 0.77 0.51 1.03 0.82 0.40 0.84 0.67 0.55 Control Delay 111.0 58.3 12.2 84.9 58.9 17.5 111.2 52.2 5.6 89.5 51.3 10.6 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 111.0 58.3 12.2 84.9 58.9 17.5 111.2 52.2 5.6 89.5 51.3 10.6 Queue Length 50th (ft) ~404 441 29 237 340 59 ~304 484 0 162 330 36 Queue Length 95th (ft) #532 489 100 #323 384 154 #424 530 68 #236 372 135 Internal Link Dist (ft) 1522 1363 1435 492
Turn Bay Length (ft) 265 265 340 190 390 390 390 330
Base Capacity (vph) 637 1846 563 527 1641 548 505 2174 714 373 1928 688 Starvation Cap Reductn 000000000000
Spillback Cap Reductn 000000000000
Storage Cap Reductn 000000000000
Reduced v/c Ratio 1.06 0.83 0.36 0.84 0.73 0.50 1.03 0.80 0.39 0.81 0.64 0.53 Intersection Summary
~ Volume exceeds capacity, queue is theoretically infinite.

Queue shown is maximum after two cycles.
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2253
Queues
8: Caywood Dr & Morada Ln 05/29/2024
Cumulative_Project PM 1:19 pm 10/11/2023 Synchro 11 Report

Page 7 ends

Lane Group EBL EBT WBL WBT WBR NBT SBL SBT
Lane Group Flow (vph) 57 1153 52 1216 135 62 72 81
v/c Ratio 0.24 0.41 0.23 0.43 0.14 0.26 0.29 0.28
Control Delay 36.0 14.8 36.0 15.2 3.8 21.5 35.1 14.4
Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Total Delay 36.0 14.8 36.0 15.2 3.8 21.5 35.1 14.4
Queue Length 50th (ft) 23 142 21 154 0 9 30 4
Queue Length 95th (ft) 69 222 64 238 33 50 84 48
Internal Link Dist (ft) 1289 1260 552 170
Turn Bay Length (ft) 300 300 250 250
Base Capacity (vph) 328 3413 328 3440 1114 339 623 612
Starvation Cap Reductn 00000000
Spillback Cap Reductn 00000000
Storage Cap Reductn 00000000
Reduced v/c Ratio 0.17 0.34 0.16 0.35 0.12 0.18 0.12 0.13 Intersection Summary

ATTACHMENT E
2254
Queues
9: Cherbourg Wy & Morada Ln 05/29/2024
Cumulative_Project PM 1:19 pm 10/11/2023 Synchro 11 Report

Page 8 ends

Lane Group EBL EBT WBL WBT WBR NBT SBL SBT
Lane Group Flow (vph) 126 1112 99 1342 138 120 155 150
v/c Ratio 0.52 0.52 0.47 0.72 0.21 0.55 0.59 0.56
Control Delay 46.2 21.5 47.2 26.9 4.9 28.5 46.6 41.5
Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Total Delay 46.2 21.5 47.2 26.9 4.9 28.5 46.6 41.5
Queue Length 50th (ft) 66 170 52 226 0 22 85 73
Queue Length 95th (ft) 139 261 117 346 40 86 172 155
Internal Link Dist (ft) 1260 1170 828 237
Turn Bay Length (ft) 350 350 250 300
Base Capacity (vph) 420 2629 315 2356 807 266 399 400
Starvation Cap Reductn 00000000
Spillback Cap Reductn 00000000
Storage Cap Reductn 00000000
Reduced v/c Ratio 0.30 0.42 0.31 0.57 0.17 0.45 0.39 0.38 Intersection Summary

ATTACHMENT E
2255
Queues
11: Glacier Point Dr & Morada Ln 05/29/2024
Cumulative_Project PM 1:19 pm 10/11/2023 Synchro 11 Report

Page 9 ends

Lane Group EBL EBT WBL WBT WBR NBL NBT SBL SBT
Lane Group Flow (vph) 37 1325 48 1780 77 48 54 103 80
v/c Ratio 0.25 0.49 0.30 0.65 0.09 0.26 0.17 0.48 0.20
Control Delay 50.9 23.1 50.0 25.5 0.2 48.7 13.0 49.8 11.1 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Total Delay 50.9 23.1 50.0 25.5 0.2 48.7 13.0 49.8 11.1 Queue Length 50th (ft) 19 187 25 282 0 25 4 53 6
Queue Length 95th (ft) 62 393 73 #617 0 73 36 128 43
Internal Link Dist (ft) 1050 631 505 258
Turn Bay Length (ft) 310 215 100
Base Capacity (vph) 188 2692 271 2749 893 271 606 417 728 Starvation Cap Reductn 000000000
Spillback Cap Reductn 000000000
Storage Cap Reductn 000000000
Reduced v/c Ratio 0.20 0.49 0.18 0.65 0.09 0.18 0.09 0.25 0.11 Intersection Summary
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2256
Queues
12: Holman Rd & Morada Ln 05/29/2024
Cumulative_Project PM 1:19 pm 10/11/2023 Synchro 11 Report

Page 10 ends

Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Group Flow (vph) 207 976 169 154 1405 273 225 360 193 180 261 196 v/c Ratio 0.72 0.58 0.27 0.62 0.90 0.45 0.75 0.45 0.47 0.67 0.37 0.51 Control Delay 59.6 34.0 6.8 56.8 45.3 15.0 60.1 42.0 9.7 58.0 42.5 10.6 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 59.6 34.0 6.8 56.8 45.3 15.0 60.1 42.0 9.7 58.0 42.5 10.6 Queue Length 50th (ft) 122 181 0 91 305 41 132 77 0 106 56 0 Queue Length 95th (ft) 290 383 60 219 #669 167 #336 134 63 253 100 62 Internal Link Dist (ft) 631 1519 1612 1594
Turn Bay Length (ft) 250 225 300 215 315 215 300 225
Base Capacity (vph) 439 1678 628 439 1567 607 439 1500 596 439 1500 599 Starvation Cap Reductn 000000000000
Spillback Cap Reductn 000000000000
Storage Cap Reductn 000000000000
Reduced v/c Ratio 0.47 0.58 0.27 0.35 0.90 0.45 0.51 0.24 0.32 0.41 0.17 0.33 Intersection Summary
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2257
Queues
13: Maranatha Dr & Morada Ln 05/29/2024
Cumulative_Project PM 1:19 pm 10/11/2023 Synchro 11 Report

Page 11 ends

Lane Group EBL EBT WBL WBT NBL NBT NBR SBL SBT SBR
Lane Group Flow (vph) 80 1313 113 1906 30 17 102 56 17 39 v/c Ratio 0.37 0.47 0.45 0.59 0.15 0.06 0.32 0.27 0.06 0.14 Control Delay 43.3 13.9 42.7 14.7 33.8 32.3 10.0 36.1 32.3 4.1 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Total Delay 43.3 13.9 42.7 14.7 33.8 32.3 10.0 36.1 32.3 4.1 Queue Length 50th (ft) 36 127 50 209 13 7 0 25 7 0
Queue Length 95th (ft) 105 309 135 496 41 27 41 65 27 12 Internal Link Dist (ft) 1519 790 491 364
Turn Bay Length (ft) 300 310 90 90 90 90
Base Capacity (vph) 483 3587 483 3578 607 814 740 607 814 719 Starvation Cap Reductn 0000000000
Spillback Cap Reductn 0000000000
Storage Cap Reductn 0000000000
Reduced v/c Ratio 0.17 0.37 0.23 0.53 0.05 0.02 0.14 0.09 0.02 0.05 Intersection Summary

ATTACHMENT E
2258
Queues
14: Diamond Bar Pl & Morada Ln 05/29/2024
Cumulative_Project PM 1:19 pm 10/11/2023 Synchro 11 Report

Page 12 ends

Lane Group EBL EBT WBL WBT NBL NBT NBR SBL SBT
Lane Group Flow (vph) 236 1182 54 1880 28 17 31 148 297 v/c Ratio 0.78 0.39 0.43 0.77 0.26 0.11 0.10 0.66 0.64
Control Delay 64.8 16.6 63.2 30.7 58.7 48.1 0.7 63.7 12.4 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Total Delay 64.8 16.6 63.2 30.7 58.7 48.1 0.7 63.7 12.4 Queue Length 50th (ft) 175 176 41 434 21 13 0 111 13
Queue Length 95th (ft) 256 325 83 #849 51 31 0 174 79
Internal Link Dist (ft) 790 329 528 581
Turn Bay Length (ft) 180 100 65 65 150
Base Capacity (vph) 374 3034 153 2440 153 386 479 300 655 Starvation Cap Reductn 000000000
Spillback Cap Reductn 000000000
Storage Cap Reductn 000000000
Reduced v/c Ratio 0.63 0.39 0.35 0.77 0.18 0.04 0.06 0.49 0.45 Intersection Summary
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2259
Queues
15: West Ln & Marlette Rd 05/29/2024
Cumulative_Project PM 1:19 pm 10/11/2023 Synchro 11 Report

Page 13 ends

Lane Group EBL EBT EBR WBL WBT NBL NBT NBR SBL SBT SBR
Lane Group Flow (vph) 198 60 245 196 55 501 1385 147 60 1403 158 v/c Ratio 0.62 0.34 0.66 0.73 0.30 0.73 0.59 0.18 0.39 0.85 0.25 Control Delay 48.3 46.1 14.6 55.7 41.7 42.3 21.5 3.8 50.3 37.2 5.0 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 48.3 46.1 14.6 55.7 41.7 42.3 21.5 3.8 50.3 37.2 5.0 Queue Length 50th (ft) 112 34 0 111 28 145 232 0 34 287 0 Queue Length 95th (ft) #240 77 72 #235 68 215 324 37 82 #458 42 Internal Link Dist (ft) 1462 1414 1985 2672
Turn Bay Length (ft) 300 300 300 300 300 300 300
Base Capacity (vph) 326 361 504 305 359 925 2508 855 190 1645 626 Starvation Cap Reductn 00000000000
Spillback Cap Reductn 00000000000
Storage Cap Reductn 00000000000
Reduced v/c Ratio 0.61 0.17 0.49 0.64 0.15 0.54 0.55 0.17 0.32 0.85 0.25 Intersection Summary
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2260
Appendix M: Existing Plus Project
(Mitigated) Queue Worksheets

ATTACHMENT E
2261
Queues
1: West Ln & Eight Mile Rd 05/28/2024
Existing_Project AM_Mitigated 12:58 pm 09/05/2023 Synchro 11 Report

Page 1 ends

Lane Group EBL EBT EBR WBL WBT NBL NBT SBL SBT
Lane Group Flow (vph) 116 446 441 166 410 319 543 38 702 v/c Ratio 0.57 0.85 0.63 0.66 0.71 0.70 0.43 0.37 0.82
Control Delay 61.6 56.4 13.4 60.6 43.8 57.9 29.7 66.5 48.8 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Total Delay 61.6 56.4 13.4 60.6 43.8 57.9 29.7 66.5 48.8 Queue Length 50th (ft) 88 326 56 125 279 124 168 29 260 Queue Length 95th (ft) 152 #541 180 200 423 184 240 70 358 Internal Link Dist (ft) 3966 4053 4736 2544
Turn Bay Length (ft) 240 240 165 375 410
Base Capacity (vph) 398 587 737 398 621 526 1310 111 976 Starvation Cap Reductn 000000000
Spillback Cap Reductn 000000000
Storage Cap Reductn 000000000
Reduced v/c Ratio 0.29 0.76 0.60 0.42 0.66 0.61 0.41 0.34 0.72 Intersection Summary
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2262
Queues
6: West Ln & Knickerbocker Dr 05/28/2024
Existing_Project AM_Mitigated 12:58 pm 09/05/2023 Synchro 11 Report

Page 2 ends

Lane Group EBL EBT WBL WBT NBL NBT NBR SBL SBT
Lane Group Flow (vph) 88 83 157 164 24 1157 70 197 1640 v/c Ratio 0.52 0.36 0.48 0.49 0.18 0.72 0.11 0.63 0.65
Control Delay 60.8 37.6 47.4 32.2 55.2 34.6 0.4 50.4 22.7 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Total Delay 60.8 37.6 47.4 32.2 55.2 34.6 0.4 50.4 22.7 Queue Length 50th (ft) 47 33 82 66 13 201 0 102 196
Queue Length 95th (ft) #186 94 217 144 54 #460 0 259 589 Internal Link Dist (ft) 509 757 551 600
Turn Bay Length (ft) 140 70 275 130 260
Base Capacity (vph) 178 241 595 632 495 2107 746 713 2799 Starvation Cap Reductn 000000000
Spillback Cap Reductn 000000000
Storage Cap Reductn 000000000
Reduced v/c Ratio 0.49 0.34 0.26 0.26 0.05 0.55 0.09 0.28 0.59 Intersection Summary
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2263
Queues
7: West Ln & Hammer Ln 05/28/2024
Existing_Project AM_Mitigated 12:58 pm 09/05/2023 Synchro 11 Report

Page 3 ends

Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Group Flow (vph) 440 1152 220 576 993 208 280 594 202 279 1037 373 v/c Ratio 0.76 0.69 0.40 0.82 0.52 0.35 0.72 0.36 0.37 0.72 0.63 0.55 Control Delay 63.4 47.5 10.2 62.3 40.9 8.3 70.8 41.6 7.1 70.8 46.0 7.2 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 63.4 47.5 10.2 62.3 40.9 8.3 70.8 41.6 7.1 70.8 46.0 7.2 Queue Length 50th (ft) 191 265 15 248 208 9 123 126 0 123 238 1 Queue Length 95th (ft) 287 356 91 372 294 78 #219 168 61 #218 300 83 Internal Link Dist (ft) 1522 1363 1435 492
Turn Bay Length (ft) 265 265 340 190 390 390 390 330
Base Capacity (vph) 769 2079 635 848 2240 669 424 2425 716 424 2425 819 Starvation Cap Reductn 000000000000
Spillback Cap Reductn 000000000000
Storage Cap Reductn 000000000000
Reduced v/c Ratio 0.57 0.55 0.35 0.68 0.44 0.31 0.66 0.24 0.28 0.66 0.43 0.46 Intersection Summary
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2264
Queues
12: Holman Rd & Morada Ln 05/28/2024
Existing_Project AM_Mitigated 12:58 pm 09/05/2023 Synchro 11 Report

Page 4 ends

Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Group Flow (vph) 229 1085 269 172 788 157 240 130 98 209 292 270 v/c Ratio 0.56 0.87 0.41 0.69 0.41 0.23 0.57 0.28 0.33 0.74 0.35 0.56 Control Delay 51.7 42.3 13.3 61.0 28.2 6.2 51.5 42.8 8.9 60.8 39.5 9.1 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 51.7 42.3 13.3 61.0 28.2 6.2 51.5 42.8 8.9 60.8 39.5 9.1 Queue Length 50th (ft) 71 330 38 104 129 0 75 41 0 126 62 0 Queue Length 95th (ft) 148 #771 157 #251 282 56 154 75 36 #311 100 66 Internal Link Dist (ft) 631 1519 1612 1594
Turn Bay Length (ft) 250 225 300 215 315 215 300 225
Base Capacity (vph) 670 1254 664 345 1909 678 670 1096 558 380 1675 694 Starvation Cap Reductn 000000000000
Spillback Cap Reductn 000000000000
Storage Cap Reductn 000000000000
Reduced v/c Ratio 0.34 0.87 0.41 0.50 0.41 0.23 0.36 0.12 0.18 0.55 0.17 0.39 Intersection Summary
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2265
Queues
1: West Ln & Eight Mile Rd 05/28/2024
Existing_Project PM_Mitigated 1:19 pm 10/11/2023 Synchro 11 Report

Page 1 ends

Lane Group EBL EBT EBR WBL WBT NBL NBT SBL SBT
Lane Group Flow (vph) 189 426 380 102 445 321 641 12 632 v/c Ratio 0.70 0.69 0.50 0.55 0.84 0.69 0.49 0.15 0.81
Control Delay 61.7 39.2 6.3 63.0 53.7 56.9 30.5 63.0 50.2 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Total Delay 61.7 39.2 6.3 63.0 53.7 56.9 30.5 63.0 50.2 Queue Length 50th (ft) 137 276 12 74 314 119 174 9 227
Queue Length 95th (ft) 233 407 84 142 467 187 301 32 #340 Internal Link Dist (ft) 3966 4053 4736 2544
Turn Bay Length (ft) 240 240 165 375 410
Base Capacity (vph) 364 836 907 248 713 546 1370 82 916 Starvation Cap Reductn 000000000
Spillback Cap Reductn 000000000
Storage Cap Reductn 000000000
Reduced v/c Ratio 0.52 0.51 0.42 0.41 0.62 0.59 0.47 0.15 0.69 Intersection Summary
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2266
Queues
6: West Ln & Knickerbocker Dr 05/28/2024
Existing_Project PM_Mitigated 1:19 pm 10/11/2023 Synchro 11 Report

Page 2 ends

Lane Group EBL EBT WBL WBT NBL NBT NBR SBL SBT
Lane Group Flow (vph) 93 75 124 140 66 1498 86 133 1087 v/c Ratio 0.50 0.32 0.53 0.45 0.38 0.73 0.12 0.54 0.45
Control Delay 59.2 36.5 54.2 29.4 55.7 30.2 0.8 53.8 21.9 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Total Delay 59.2 36.5 54.2 29.4 55.7 30.2 0.8 53.8 21.9 Queue Length 50th (ft) 54 32 72 49 39 264 0 78 158
Queue Length 95th (ft) #161 84 179 114 111 #620 4 188 359 Internal Link Dist (ft) 509 757 551 600
Turn Bay Length (ft) 140 70 275 130 260
Base Capacity (vph) 237 326 573 636 494 2501 827 494 2589 Starvation Cap Reductn 000000000
Spillback Cap Reductn 000000000
Storage Cap Reductn 000000000
Reduced v/c Ratio 0.39 0.23 0.22 0.22 0.13 0.60 0.10 0.27 0.42 Intersection Summary
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2267
Queues
7: West Ln & Hammer Ln 05/28/2024
Existing_Project PM_Mitigated 1:19 pm 10/11/2023 Synchro 11 Report

Page 3 ends

Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Group Flow (vph) 597 1309 195 426 1153 176 498 1030 270 240 709 322 v/c Ratio 0.85 0.69 0.33 0.80 0.74 0.35 0.83 0.56 0.42 0.66 0.51 0.55 Control Delay 66.0 45.9 8.0 69.7 52.1 11.6 68.6 42.7 6.2 71.1 47.9 8.0 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 66.0 45.9 8.0 69.7 52.1 11.6 68.6 42.7 6.2 71.1 47.9 8.0 Queue Length 50th (ft) 251 284 5 179 260 12 212 230 0 103 164 0 Queue Length 95th (ft) #421 401 70 #324 375 83 #400 294 67 179 211 80 Internal Link Dist (ft) 1522 1363 1435 492
Turn Bay Length (ft) 265 265 340 190 390 390 390 330
Base Capacity (vph) 827 2205 653 595 1770 542 621 2608 794 440 2270 754 Starvation Cap Reductn 000000000000
Spillback Cap Reductn 000000000000
Storage Cap Reductn 000000000000
Reduced v/c Ratio 0.72 0.59 0.30 0.72 0.65 0.32 0.80 0.39 0.34 0.55 0.31 0.43 Intersection Summary
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2268
Queues
12: Holman Rd & Morada Ln 05/28/2024
Existing_Project PM_Mitigated 1:19 pm 10/11/2023 Synchro 11 Report

Page 4 ends

Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Group Flow (vph) 156 703 146 148 916 174 189 219 184 114 156 139 v/c Ratio 0.42 0.70 0.27 0.57 0.56 0.28 0.46 0.37 0.44 0.50 0.17 0.35 Control Delay 45.4 33.4 6.2 48.2 26.1 5.3 44.1 34.5 8.8 49.2 31.3 7.1 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 45.4 33.4 6.2 48.2 26.1 5.3 44.1 34.5 8.8 49.2 31.3 7.1 Queue Length 50th (ft) 38 164 0 70 136 0 46 54 0 54 25 0 Queue Length 95th (ft) 104 346 47 195 268 49 120 106 54 158 52 40 Internal Link Dist (ft) 631 1519 1612 1594
Turn Bay Length (ft) 250 225 300 215 315 215 300 225
Base Capacity (vph) 425 1473 737 372 2557 871 510 1928 934 306 2896 955 Starvation Cap Reductn 000000000000
Spillback Cap Reductn 000000000000
Storage Cap Reductn 000000000000
Reduced v/c Ratio 0.37 0.48 0.20 0.40 0.36 0.20 0.37 0.11 0.20 0.37 0.05 0.15 Intersection Summary

ATTACHMENT E
2269
Appendix N: Background Plus Project
(Mitigated) Queue Worksheets

ATTACHMENT E
2270
Queues
1: West Ln & Eight Mile Rd 05/28/2024
Background_Project_Mitigated AM 12:58 pm 09/05/2023 Synchro 11 Report

Page 1 ends

Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Group Flow (vph) 216 728 476 241 646 27 381 511 128 56 546 161 v/c Ratio 0.77 0.81 0.65 0.84 0.72 0.05 0.66 0.50 0.23 0.40 0.88 0.37 Control Delay 56.0 41.1 8.9 64.6 37.0 0.2 41.6 30.1 4.9 50.0 54.6 5.5 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 56.0 41.1 8.9 64.6 37.0 0.2 41.6 30.1 4.9 50.0 54.6 5.5 Queue Length 50th (ft) 120 209 14 138 183 0 109 137 0 32 166 0 Queue Length 95th (ft) #234 #313 109 #285 261 0 155 188 35 73 #278 34 Internal Link Dist (ft) 3966 4053 2672 2544
Turn Bay Length (ft) 240 240 165 165 375 375 410 410
Base Capacity (vph) 310 932 744 291 906 551 867 1213 628 155 621 439 Starvation Cap Reductn 000000000000
Spillback Cap Reductn 000000000000
Storage Cap Reductn 000000000000
Reduced v/c Ratio 0.70 0.78 0.64 0.83 0.71 0.05 0.44 0.42 0.20 0.36 0.88 0.37 Intersection Summary
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2271
Queues
6: West Ln & Knickerbocker Dr 05/28/2024
Background_Project_Mitigated AM 12:58 pm 09/05/2023 Synchro 11 Report

Page 2 ends

Lane Group EBL EBT WBL WBT NBL NBT NBR SBL SBT
Lane Group Flow (vph) 88 83 157 164 24 1354 70 197 1958 v/c Ratio 0.57 0.38 0.52 0.51 0.19 0.74 0.10 0.67 0.73
Control Delay 64.9 38.8 50.2 34.0 56.8 34.1 0.3 54.3 24.0 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Total Delay 64.9 38.8 50.2 34.0 56.8 34.1 0.3 54.3 24.0 Queue Length 50th (ft) 52 37 91 73 14 248 0 114 258
Queue Length 95th (ft) #186 94 217 144 54 #615 0 259 #815 Internal Link Dist (ft) 509 757 551 600
Turn Bay Length (ft) 140 70 275 130 260
Base Capacity (vph) 163 228 544 586 453 1927 698 652 2691 Starvation Cap Reductn 000000000
Spillback Cap Reductn 000000000
Storage Cap Reductn 000000000
Reduced v/c Ratio 0.54 0.36 0.29 0.28 0.05 0.70 0.10 0.30 0.73 Intersection Summary
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2272
Queues
7: West Ln & Hammer Ln 05/28/2024
Background_Project_Mitigated AM 12:58 pm 09/05/2023 Synchro 11 Report

Page 3 ends

Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Group Flow (vph) 440 1152 220 576 993 208 280 778 202 279 1335 373 v/c Ratio 0.78 0.72 0.41 0.85 0.55 0.36 0.78 0.41 0.33 0.77 0.70 0.51 Control Delay 69.8 52.9 11.2 70.4 45.9 8.8 80.1 41.8 6.4 80.1 47.7 6.4 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 69.8 52.9 11.2 70.4 45.9 8.8 80.1 41.8 6.4 80.1 47.7 6.4 Queue Length 50th (ft) 221 308 20 287 242 10 143 180 0 142 343 1 Queue Length 95th (ft) 289 359 95 #375 297 79 #221 220 61 #219 400 83 Internal Link Dist (ft) 1522 1363 1435 492
Turn Bay Length (ft) 265 265 340 190 390 390 390 330
Base Capacity (vph) 700 1893 593 772 2037 626 386 2209 670 386 2209 779 Starvation Cap Reductn 000000000000
Spillback Cap Reductn 000000000000
Storage Cap Reductn 000000000000
Reduced v/c Ratio 0.63 0.61 0.37 0.75 0.49 0.33 0.73 0.35 0.30 0.72 0.60 0.48 Intersection Summary
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2273
Queues
12: Holman Rd & Morada Ln 05/28/2024
Background_Project_Mitigated AM 12:58 pm 09/05/2023 Synchro 11 Report

Page 4 ends

Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Group Flow (vph) 263 1128 274 172 825 240 243 214 98 327 461 310 v/c Ratio 0.65 0.97 0.45 0.73 0.47 0.35 0.64 0.45 0.30 0.83 0.37 0.50 Control Delay 61.2 61.6 18.6 71.4 34.7 6.0 62.6 51.1 4.8 66.1 39.3 7.2 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 61.2 61.6 18.6 71.4 34.7 6.0 62.6 51.1 4.8 66.1 39.3 7.2 Queue Length 50th (ft) 100 437 67 127 175 0 92 83 0 238 111 3 Queue Length 95th (ft) 177 #856 199 #261 312 69 169 123 21 #551 153 72 Internal Link Dist (ft) 631 1519 1612 1594
Turn Bay Length (ft) 250 225 300 215 315 215 300 225
Base Capacity (vph) 564 1163 608 305 1751 688 479 1172 604 392 2102 822 Starvation Cap Reductn 000000000000
Spillback Cap Reductn 000000000000
Storage Cap Reductn 000000000000
Reduced v/c Ratio 0.47 0.97 0.45 0.56 0.47 0.35 0.51 0.18 0.16 0.83 0.22 0.38 Intersection Summary
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2274
Queues
1: West Ln & Eight Mile Rd 05/28/2024
Background_Project_Mitigated PM 1:19 pm 10/11/2023 Synchro 11 Report

Page 1 ends

Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Group Flow (vph) 234 687 420 247 712 23 367 597 119 16 514 123 v/c Ratio 0.82 0.78 0.59 0.82 0.78 0.04 0.65 0.49 0.19 0.16 0.86 0.29 Control Delay 61.1 39.0 7.0 59.4 38.2 0.1 41.1 26.0 3.7 46.8 53.8 2.5 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 61.1 39.0 7.0 59.4 38.2 0.1 41.1 26.0 3.7 46.8 53.8 2.5 Queue Length 50th (ft) 133 193 0 140 198 0 104 133 0 9 155 0 Queue Length 95th (ft) #271 273 75 #280 281 0 150 215 28 31 #265 8 Internal Link Dist (ft) 3966 4053 2672 2544
Turn Bay Length (ft) 240 240 165 165 375 375 410 410
Base Capacity (vph) 297 952 732 317 992 584 885 1327 675 99 595 429 Starvation Cap Reductn 000000000000
Spillback Cap Reductn 000000000000
Storage Cap Reductn 000000000000
Reduced v/c Ratio 0.79 0.72 0.57 0.78 0.72 0.04 0.41 0.45 0.18 0.16 0.86 0.29 Intersection Summary
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2275
Queues
6: West Ln & Knickerbocker Dr 05/28/2024
Background_Project_Mitigated PM 1:19 pm 10/11/2023 Synchro 11 Report

Page 2 ends

Lane Group EBL EBT WBL WBT NBL NBT NBR SBL SBT
Lane Group Flow (vph) 93 75 124 140 66 1794 86 133 1374 v/c Ratio 0.68 0.37 0.47 0.46 0.42 0.80 0.11 0.59 0.54
Control Delay 77.4 40.3 54.0 29.3 60.1 31.7 0.7 59.1 22.7 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Total Delay 77.4 40.3 54.0 29.3 60.1 31.7 0.7 59.1 22.7 Queue Length 50th (ft) 60 35 78 52 42 342 0 83 213
Queue Length 95th (ft) #218 89 185 114 114 #828 3 194 483 Internal Link Dist (ft) 509 757 551 600
Turn Bay Length (ft) 140 70 275 130 260
Base Capacity (vph) 137 291 427 570 427 2358 788 427 2549 Starvation Cap Reductn 000000000
Spillback Cap Reductn 000000000
Storage Cap Reductn 000000000
Reduced v/c Ratio 0.68 0.26 0.29 0.25 0.15 0.76 0.11 0.31 0.54 Intersection Summary
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2276
Queues
7: West Ln & Hammer Ln 05/28/2024
Background_Project_Mitigated PM 1:19 pm 10/11/2023 Synchro 11 Report

Page 3 ends

Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Group Flow (vph) 597 1309 195 426 1153 176 498 1326 270 240 996 322 v/c Ratio 0.87 0.71 0.34 0.84 0.76 0.36 0.88 0.66 0.40 0.69 0.63 0.52 Control Delay 70.6 48.8 8.1 75.9 55.7 11.8 76.8 45.3 5.9 75.3 50.1 7.3 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 70.6 48.8 8.1 75.9 55.7 11.8 76.8 45.3 5.9 75.3 50.1 7.3 Queue Length 50th (ft) 285 322 6 206 300 14 245 331 0 116 253 0 Queue Length 95th (ft) #426 404 71 #327 378 83 #403 392 67 179 302 79 Internal Link Dist (ft) 1522 1363 1435 492
Turn Bay Length (ft) 265 265 340 190 390 390 390 330
Base Capacity (vph) 777 2071 625 558 1663 519 582 2448 762 412 2131 727 Starvation Cap Reductn 000000000000
Spillback Cap Reductn 000000000000
Storage Cap Reductn 000000000000
Reduced v/c Ratio 0.77 0.63 0.31 0.76 0.69 0.34 0.86 0.54 0.35 0.58 0.47 0.44 Intersection Summary
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2277
Queues
12: Holman Rd & Morada Ln 05/28/2024
Background_Project_Mitigated PM 1:19 pm 10/11/2023 Synchro 11 Report

Page 4 ends

Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Group Flow (vph) 190 717 148 148 977 266 193 351 184 175 255 172 v/c Ratio 0.49 0.67 0.27 0.59 0.58 0.41 0.49 0.57 0.44 0.64 0.23 0.37 Control Delay 49.4 36.7 11.1 53.6 31.1 10.2 49.4 43.0 9.3 53.6 33.5 7.6 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 49.4 36.7 11.1 53.6 31.1 10.2 49.4 43.0 9.3 53.6 33.5 7.6 Queue Length 50th (ft) 55 195 13 83 175 25 56 103 0 98 46 0 Queue Length 95th (ft) 126 393 78 199 327 117 127 195 62 229 89 56 Internal Link Dist (ft) 631 1519 1612 1594
Turn Bay Length (ft) 250 225 300 215 315 215 300 225
Base Capacity (vph) 1064 1106 568 457 1685 653 887 1755 867 457 2522 862 Starvation Cap Reductn 000000000000
Spillback Cap Reductn 000000000000
Storage Cap Reductn 000000000000
Reduced v/c Ratio 0.18 0.65 0.26 0.32 0.58 0.41 0.22 0.20 0.21 0.38 0.10 0.20 Intersection Summary

ATTACHMENT E
2278
Appendix O: Cumulative Plus Project
(Mitigated) Queue Worksheets

ATTACHMENT E
2279
Lanes, Volumes, Timings
1: West Ln & Eight Mile Rd 05/29/2024
Cumulative_Project AM_Mitigated 12:58 pm 09/05/2023 Synchro 11 Report

Page 1 ends

Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Group Flow (vph) 221 1045 520 360 1126 53 431 652 324 59 620 194 v/c Ratio 0.81 0.73 0.82 0.81 0.85 0.10 0.84 0.60 0.46 0.44 0.84 0.40 Control Delay 63.6 34.9 27.3 56.6 42.0 0.3 56.3 32.7 5.6 54.8 49.0 7.5 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 63.6 34.9 27.3 56.6 42.0 0.3 56.3 32.7 5.6 54.8 49.0 7.5 Queue Length 50th (ft) 137 217 155 116 250 0 139 193 0 36 200 0 Queue Length 95th (ft) #253 267 #333 #185 305 0 #216 255 64 78 #286 55 Internal Link Dist (ft) 546 4053 2672 2544
Turn Bay Length (ft) 240 240 165 165 375 375 410 410
Base Capacity (vph) 293 1526 660 462 1369 569 532 1087 704 146 769 497 Starvation Cap Reductn 000000000000
Spillback Cap Reductn 000000000000
Storage Cap Reductn 000000000000
Reduced v/c Ratio 0.75 0.68 0.79 0.78 0.82 0.09 0.81 0.60 0.46 0.40 0.81 0.39 Intersection Summary
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2280
Lanes, Volumes, Timings
7: West Ln & Hammer Ln 05/29/2024
Cumulative_Project AM_Mitigated 12:58 pm 09/05/2023 Synchro 11 Report

Page 2 ends

Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Group Flow (vph) 476 1200 229 600 1035 251 292 943 211 371 1693 438 v/c Ratio 0.74 0.90 0.42 0.94 0.51 0.40 0.86 0.48 0.34 0.95 0.83 0.58 Control Delay 73.8 66.9 13.6 86.6 45.2 11.5 93.4 45.8 6.3 102.9 53.9 10.3 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 73.8 66.9 13.6 86.6 45.2 11.5 93.4 45.8 6.3 102.9 53.9 10.3 Queue Length 50th (ft) 173 447 36 322 255 35 157 234 0 202 478 45 Queue Length 95th (ft) 209 509 115 #436 304 117 #236 270 62 #308 526 155 Internal Link Dist (ft) 1522 1363 1435 492
Turn Bay Length (ft) 265 265 340 190 390 390 390 330
Base Capacity (vph) 948 1352 547 652 2041 633 348 1988 629 391 2070 758 Starvation Cap Reductn 000000000000
Spillback Cap Reductn 000000000000
Storage Cap Reductn 000000000000
Reduced v/c Ratio 0.50 0.89 0.42 0.92 0.51 0.40 0.84 0.47 0.34 0.95 0.82 0.58 Intersection Summary
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2281
Lanes, Volumes, Timings
12: Holman Rd & Morada Ln 05/29/2024
Cumulative_Project AM_Mitigated 12:58 pm 09/05/2023 Synchro 11 Report

Page 3 ends

Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Group Flow (vph) 290 1525 309 180 990 246 261 219 102 335 474 327 v/c Ratio 0.68 0.99 0.40 0.57 0.69 0.34 0.77 0.33 0.25 0.88 0.68 0.65 Control Delay 63.0 56.8 14.3 64.2 36.6 10.4 72.3 45.4 3.5 80.8 52.0 19.0 Queue Delay 0.0 10.8 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 63.0 67.7 14.3 64.2 36.6 10.4 72.3 45.4 3.5 80.8 52.0 19.0 Queue Length 50th (ft) 117 633 73 73 344 33 107 82 0 140 192 61 Queue Length 95th (ft) 188 #1053 191 127 557 120 #208 122 18 #280 254 163 Internal Link Dist (ft) 631 1519 1612 1594
Turn Bay Length (ft) 250 225 300 215 315 215 300 225
Base Capacity (vph) 571 1542 766 407 1429 730 353 991 537 380 1020 620 Starvation Cap Reductn 0 60 0000000000
Spillback Cap Reductn 000000000000
Storage Cap Reductn 000000000000
Reduced v/c Ratio 0.51 1.03 0.40 0.44 0.69 0.34 0.74 0.22 0.19 0.88 0.46 0.53 Intersection Summary
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2282
Lanes, Volumes, Timings
1: West Ln & Eight Mile Rd 05/29/2024
Cumulative_Project PM_Mitigated 1:19 pm 10/11/2023 Synchro 11 Report

Page 1 ends

Queue shown is maximum after two cycles.

ATTACHMENT E
2283
Lanes, Volumes, Timings
7: West Ln & Hammer Ln 05/29/2024
Cumulative_Project PM_Mitigated 1:19 pm 10/11/2023 Synchro 11 Report

Page 2 ends

Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Group Flow (vph) 673 1529 203 444 1202 273 519 1732 281 302 1235 368 v/c Ratio 0.82 1.05 0.38 0.88 0.70 0.48 1.04 0.82 0.40 0.84 0.67 0.55 Control Delay 72.7 91.6 18.5 85.6 55.1 16.8 113.4 52.6 5.6 90.3 51.6 10.6 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 72.7 91.6 18.5 85.6 55.1 16.8 113.4 52.6 5.6 90.3 51.6 10.6 Queue Length 50th (ft) 243 ~646 56 237 333 58 ~304 484 0 162 330 36 Queue Length 95th (ft) 287 #743 133 #323 384 154 #424 530 68 #236 372 135 Internal Link Dist (ft) 1522 1363 1435 492
Turn Bay Length (ft) 265 265 340 190 390 390 390 330
Base Capacity (vph) 919 1454 536 523 1719 564 501 2158 711 370 1914 685 Starvation Cap Reductn 000000000000
Spillback Cap Reductn 000000000000
Storage Cap Reductn 000000000000
Reduced v/c Ratio 0.73 1.05 0.38 0.85 0.70 0.48 1.04 0.80 0.40 0.82 0.65 0.54 Intersection Summary
~ Volume exceeds capacity, queue is theoretically infinite.

Queue shown is maximum after two cycles.
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2284
Lanes, Volumes, Timings
12: Holman Rd & Morada Ln 05/29/2024
Cumulative_Project PM_Mitigated 1:19 pm 10/11/2023 Synchro 11 Report

Page 3 ends

Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Group Flow (vph) 207 976 169 154 1405 273 225 360 193 180 261 196 v/c Ratio 0.63 0.63 0.22 0.51 0.92 0.36 0.68 0.57 0.44 0.57 0.42 0.46 Control Delay 59.2 28.2 6.7 56.2 41.7 12.0 60.5 44.2 8.2 57.4 41.6 10.3 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 59.2 28.2 6.7 56.2 41.7 12.0 60.5 44.2 8.2 57.4 41.6 10.3 Queue Length 50th (ft) 71 266 10 53 468 49 78 124 0 61 87 8 Queue Length 95th (ft) #142 473 65 103 #864 150 #161 168 55 118 124 64 Internal Link Dist (ft) 631 1519 1612 1594
Turn Bay Length (ft) 250 225 300 215 315 215 300 225
Base Capacity (vph) 346 1551 764 346 1526 760 346 1277 687 346 1277 680 Starvation Cap Reductn 000000000000
Spillback Cap Reductn 000000000000
Storage Cap Reductn 000000000000
Reduced v/c Ratio 0.60 0.63 0.22 0.45 0.92 0.36 0.65 0.28 0.28 0.52 0.20 0.29 Intersection Summary
# 95th percentile volume exceeds capacity, queue may be longer.

Queue shown is maximum after two cycles.

ATTACHMENT E
2285
Appendix P: Existing Plus Project
Conditions (COA) LOS Worksheets

ATTACHMENT E
2286
HCM 6th Signalized Intersection Summary
1: West Ln & Eight Mile Rd 05/28/2024
Existing_Project AM_Mitigated 12:58 pm 09/05/2023 Synchro 11 Report

Page 2 ends

Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations
Traffic Volume (veh/h) 109 419 415 156 379 7 300 426 85 36 509 151 Future Volume (veh/h) 109 419 415 156 379 7 300 426 85 36 509 151 Initial Q (Qb), veh 000000000000
Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 0.98 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No
Adj Sat Flow, veh/h/ln 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 Adj Flow Rate, veh/h 116 446 441 166 403 7 319 453 90 38 541 161 Peak Hour Factor 0.94 0.94 0.94 0.94 0.94 0.94 0.94 0.94 0.94 0.94 0.94 0.94 Percent Heavy Veh, % 222222222222
Cap, veh/h 147 578 490 202 623 11 399 958 189 58 654 194 Arrive On Green 0.08 0.31 0.31 0.11 0.34 0.34 0.12 0.33 0.33 0.03 0.24 0.24 Sat Flow, veh/h 1781 1870 1585 1781 1833 32 3456 2946 581 1781 2702 801 Grp Volume(v), veh/h 116 446 441 166 0 410 319 272 271 38 355 347 Grp Sat Flow(s),veh/h/ln 1781 1870 1585 1781 0 1865 1728 1777 1750 1781 1777 1726 Q Serve(g_s), s 6.4 21.6 26.6 9.1 0.0 18.6 9.0 12.2 12.4 2.1 18.9 19.1 Cycle Q Clear(g_c), s 6.4 21.6 26.6 9.1 0.0 18.6 9.0 12.2 12.4 2.1 18.9 19.1 Prop In Lane 1.00 1.00 1.00 0.02 1.00 0.33 1.00 0.46
Lane Grp Cap(c), veh/h 147 578 490 202 0 634 399 578 569 58 430 418 V/C Ratio(X) 0.79 0.77 0.90 0.82 0.00 0.65 0.80 0.47 0.48 0.65 0.82 0.83 Avail Cap(c_a), veh/h 445 654 554 445 0 652 587 728 717 125 550 535 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1.00 1.00 1.00 1.00 0.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 45.0 31.4 33.1 43.4 0.0 28.0 43.1 26.9 27.0 47.9 35.9 36.0 Incr Delay (d2), s/veh 8.9 5.0 16.4 8.1 0.0 2.1 4.9 0.6 0.6 11.8 7.9 8.5 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 3.1 10.0 11.7 4.3 0.0 8.2 3.9 4.9 4.9 1.1 9.0 8.9 Unsig. Movement Delay, s/veh
LnGrp Delay(d),s/veh 54.0 36.4 49.5 51.5 0.0 30.1 48.0 27.5 27.6 59.7 43.9 44.5 LnGrp LOS DDDDACDCCEDD
Approach Vol, veh/h 1003 576 862 740
Approach Delay, s/veh 44.2 36.3 35.1 45.0
Approach LOS DDDD
Timer - Assigned Phs 12345678
Phs Duration (G+Y+Rc), s 16.3 36.9 16.6 30.2 13.3 40.0 8.3 38.5 Change Period (Y+Rc), s 5.0 6.0 5.0 6.0 5.0 6.0 5.0 6.0 Max Green Setting (Gmax), s 25.0 35.0 17.0 31.0 25.0 35.0 7.0 41.0 Max Q Clear Time (g_c+I1), s 11.1 28.6 11.0 21.1 8.4 20.6 4.1 14.4 Green Ext Time (p_c), s 0.3 2.3 0.6 3.2 0.2 1.9 0.0 2.9 Intersection Summary
HCM 6th Ctrl Delay 40.5
HCM 6th LOS D

ATTACHMENT E
2287
HCM Signalized Intersection Capacity Analysis
5: West Ln & W Ln Frontage Rd 05/28/2024
Existing_Project AM_Mitigated 12:58 pm 09/05/2023 Synchro 11 Report

Page 3 ends

Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations
Traffic Volume (vph) 161 4 139 225 16 14 191 970 62 64 1271 123 Future Volume (vph) 161 4 139 225 16 14 191 970 62 64 1271 123 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 5.0 5.0 5.0 5.0 5.0 6.0 5.0 6.0
Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 0.91 1.00 0.91 Frpb, ped/bikes 1.00 1.00 1.00 0.99 1.00 1.00 1.00 1.00 Flpb, ped/bikes 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Frt 1.00 0.85 1.00 0.85 1.00 0.99 1.00 0.99
Flt Protected 0.95 1.00 0.96 1.00 0.95 1.00 0.95 1.00
Satd. Flow (prot) 1776 1583 1780 1563 1770 5027 1770 5006 Flt Permitted 0.41 1.00 0.54 1.00 0.95 1.00 0.95 1.00
Satd. Flow (perm) 760 1583 1006 1563 1770 5027 1770 5006 Peak-hour factor, PHF 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 Adj. Flow (vph) 183 5 158 256 18 16 217 1102 70 73 1444 140 RTOR Reduction (vph) 0 0 82 0 0 11 060090
Lane Group Flow (vph) 0 188 76 0 274 5 217 1166 0 73 1575 0 Confl. Peds. (#/hr) 1 6 2
Confl. Bikes (#/hr) 61
Turn Type Perm NA Perm Perm NA Perm Prot NA Prot NA
Protected Phases 4 4 5 2 1 6
Permitted Phases 4 4 4 4
Actuated Green, G (s) 34.0 34.0 34.0 34.0 18.6 52.9 8.5 42.8 Effective Green, g (s) 34.0 34.0 34.0 34.0 18.6 52.9 8.5 42.8 Actuated g/C Ratio 0.31 0.31 0.31 0.31 0.17 0.47 0.08 0.38 Clearance Time (s) 5.0 5.0 5.0 5.0 5.0 6.0 5.0 6.0
Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0
Lane Grp Cap (vph) 231 483 307 477 295 2387 135 1923
v/s Ratio Prot c0.12 0.23 0.04 c0.31
v/s Ratio Perm 0.25 0.05 c0.27 0.00
v/c Ratio 0.81 0.16 0.89 0.01 0.74 0.49 0.54 0.82
Uniform Delay, d1 35.8 28.2 37.0 27.0 44.1 20.0 49.6 30.8 Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 19.3 0.2 26.1 0.0 9.2 0.2 4.4 2.8 Delay (s) 55.1 28.4 63.0 27.0 53.2 20.2 53.9 33.7
Level of Service E C E C D C D C
Approach Delay (s) 42.9 61.0 25.3 34.6
Approach LOS D E C C
Intersection Summary
HCM 2000 Control Delay 33.9 HCM 2000 Level of Service C HCM 2000 Volume to Capacity ratio 0.83
Actuated Cycle Length (s) 111.4 Sum of lost time (s) 16.0 Intersection Capacity Utilization 71.5% ICU Level of Service C Analysis Period (min) 15
c Critical Lane Group

ATTACHMENT E
2288
HCM 6th Signalized Intersection Summary
1: West Ln & Eight Mile Rd 05/28/2024
Existing_Project PM_Mitigated 1:19 pm 10/11/2023 Synchro 11 Report

Page 2 ends

Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations
Traffic Volume (veh/h) 183 413 369 99 423 9 311 550 72 12 494 119 Future Volume (veh/h) 183 413 369 99 423 9 311 550 72 12 494 119 Initial Q (Qb), veh 000000000000
Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 0.98 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No
Adj Sat Flow, veh/h/ln 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 Adj Flow Rate, veh/h 189 426 380 102 436 9 321 567 74 12 509 123 Peak Hour Factor 0.97 0.97 0.97 0.97 0.97 0.97 0.97 0.97 0.97 0.97 0.97 0.97 Percent Heavy Veh, % 222222222222
Cap, veh/h 229 620 525 131 504 10 414 1045 136 26 643 155 Arrive On Green 0.13 0.33 0.33 0.07 0.28 0.28 0.12 0.33 0.33 0.01 0.23 0.23 Sat Flow, veh/h 1781 1870 1585 1781 1826 38 3456 3153 410 1781 2841 683 Grp Volume(v), veh/h 189 426 380 102 0 445 321 319 322 12 317 315 Grp Sat Flow(s),veh/h/ln 1781 1870 1585 1781 0 1864 1728 1777 1786 1781 1777 1747 Q Serve(g_s), s 9.1 17.4 18.6 5.0 0.0 20.1 8.0 12.9 13.0 0.6 14.9 15.0 Cycle Q Clear(g_c), s 9.1 17.4 18.6 5.0 0.0 20.1 8.0 12.9 13.0 0.6 14.9 15.0 Prop In Lane 1.00 1.00 1.00 0.02 1.00 0.23 1.00 0.39
Lane Grp Cap(c), veh/h 229 620 525 131 0 515 414 589 592 26 402 395 V/C Ratio(X) 0.82 0.69 0.72 0.78 0.00 0.86 0.78 0.54 0.54 0.47 0.79 0.80 Avail Cap(c_a), veh/h 444 1016 861 302 0 865 665 805 809 101 563 554 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1.00 1.00 1.00 1.00 0.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 37.5 25.6 26.0 40.2 0.0 30.4 37.7 24.1 24.1 43.2 32.2 32.3 Incr Delay (d2), s/veh 7.3 1.4 1.9 9.4 0.0 4.9 3.2 0.8 0.8 12.6 5.0 5.4 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 4.2 7.3 6.6 2.4 0.0 9.0 3.3 5.0 5.1 0.3 6.8 6.8 Unsig. Movement Delay, s/veh
LnGrp Delay(d),s/veh 44.8 26.9 27.9 49.6 0.0 35.3 40.9 24.8 24.9 55.8 37.2 37.7 LnGrp LOS DCCDADDCCEDD
Approach Vol, veh/h 995 547 962 644
Approach Delay, s/veh 30.7 38.0 30.2 37.8
Approach LOS CDCD
Timer - Assigned Phs 12345678
Phs Duration (G+Y+Rc), s 11.5 35.3 15.6 26.0 16.4 30.4 6.3 35.3 Change Period (Y+Rc), s 5.0 6.0 5.0 6.0 5.0 6.0 5.0 6.0 Max Green Setting (Gmax), s 15.0 48.0 17.0 28.0 22.0 41.0 5.0 40.0 Max Q Clear Time (g_c+I1), s 7.0 20.6 10.0 17.0 11.1 22.1 2.6 15.0 Green Ext Time (p_c), s 0.1 3.9 0.6 3.0 0.3 2.3 0.0 3.5 Intersection Summary
HCM 6th Ctrl Delay 33.3
HCM 6th LOS C

ATTACHMENT E
2289
HCM Signalized Intersection Capacity Analysis
5: West Ln & W Ln Frontage Rd 05/28/2024
Existing_Project PM_Mitigated 1:19 pm 10/11/2023 Synchro 11 Report

Page 3 ends

Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations
Traffic Volume (vph) 119 6 90 130 9 8 150 1289 134 37 952 70 Future Volume (vph) 119 6 90 130 9 8 150 1289 134 37 952 70 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 5.0 5.0 5.0 5.0 5.0 6.0 5.0 6.0
Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 0.91 1.00 0.91 Frpb, ped/bikes 1.00 1.00 1.00 0.99 1.00 1.00 1.00 1.00 Flpb, ped/bikes 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Frt 1.00 0.85 1.00 0.85 1.00 0.99 1.00 0.99
Flt Protected 0.95 1.00 0.96 1.00 0.95 1.00 0.95 1.00
Satd. Flow (prot) 1778 1583 1779 1563 1770 5001 1770 5025 Flt Permitted 0.64 1.00 0.65 1.00 0.95 1.00 0.95 1.00
Satd. Flow (perm) 1183 1583 1207 1563 1770 5001 1770 5025 Peak-hour factor, PHF 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 Adj. Flow (vph) 124 6 94 135 9 8 156 1343 140 39 992 73 RTOR Reduction (vph) 0 0 63 006090080
Lane Group Flow (vph) 0 130 31 0 144 2 156 1474 0 39 1057 0 Confl. Peds. (#/hr) 1 3 1
Confl. Bikes (#/hr) 21
Turn Type Perm NA Perm Perm NA Perm Prot NA Prot NA
Protected Phases 4 4 5 2 1 6
Permitted Phases 4 4 4 4
Actuated Green, G (s) 16.0 16.0 16.0 16.0 12.7 37.1 4.4 28.8 Effective Green, g (s) 16.0 16.0 16.0 16.0 12.7 37.1 4.4 28.8 Actuated g/C Ratio 0.22 0.22 0.22 0.22 0.17 0.50 0.06 0.39 Clearance Time (s) 5.0 5.0 5.0 5.0 5.0 6.0 5.0 6.0
Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0
Lane Grp Cap (vph) 257 344 262 340 305 2524 105 1968
v/s Ratio Prot c0.09 c0.29 0.02 0.21
v/s Ratio Perm 0.11 0.02 c0.12 0.00
v/c Ratio 0.51 0.09 0.55 0.01 0.51 0.58 0.37 0.54
Uniform Delay, d1 25.3 22.9 25.5 22.5 27.6 12.8 33.2 17.2 Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 1.6 0.1 2.4 0.0 1.4 0.3 2.2 0.3
Delay (s) 26.8 23.0 27.9 22.5 29.0 13.1 35.4 17.5
Level of Service C C C C C B D B
Approach Delay (s) 25.2 27.6 14.6 18.1
Approach LOS C C B B
Intersection Summary
HCM 2000 Control Delay 17.3 HCM 2000 Level of Service B HCM 2000 Volume to Capacity ratio 0.59
Actuated Cycle Length (s) 73.5 Sum of lost time (s) 16.0 Intersection Capacity Utilization 59.4% ICU Level of Service B Analysis Period (min) 15
c Critical Lane Group

ATTACHMENT E
2290
Appendix Q: Background Plus Project
Conditions (COA) LOS Worksheets

ATTACHMENT E
2291
HCM Signalized Intersection Capacity Analysis
5: West Ln & W Ln Frontage Rd 05/28/2024
Background_Project_Mitigated AM 12:58 pm 09/05/2023 Synchro 11 Report

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Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations
Traffic Volume (vph) 161 4 139 225 16 14 191 1145 62 64 1554 123 Future Volume (vph) 161 4 139 225 16 14 191 1145 62 64 1554 123 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 5.0 5.0 5.0 5.0 5.0 6.0 5.0 6.0
Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 0.91 1.00 0.91 Frpb, ped/bikes 1.00 1.00 1.00 0.99 1.00 1.00 1.00 1.00 Flpb, ped/bikes 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Frt 1.00 0.85 1.00 0.85 1.00 0.99 1.00 0.99
Flt Protected 0.95 1.00 0.96 1.00 0.95 1.00 0.95 1.00
Satd. Flow (prot) 1776 1583 1780 1563 1770 5036 1770 5019 Flt Permitted 0.40 1.00 0.53 1.00 0.95 1.00 0.95 1.00
Satd. Flow (perm) 746 1583 996 1563 1770 5036 1770 5019 Peak-hour factor, PHF 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 Adj. Flow (vph) 183 5 158 256 18 16 217 1301 70 73 1766 140 RTOR Reduction (vph) 0 0 75 0 0 11 040070
Lane Group Flow (vph) 0 188 83 0 274 5 217 1367 0 73 1899 0 Confl. Peds. (#/hr) 1 6 2
Confl. Bikes (#/hr) 61
Turn Type Perm NA Perm Perm NA Perm Prot NA Prot NA
Protected Phases 4 4 5 2 1 6
Permitted Phases 4 4 4 4
Actuated Green, G (s) 34.1 34.1 34.1 34.1 18.7 55.3 8.7 45.3 Effective Green, g (s) 34.1 34.1 34.1 34.1 18.7 55.3 8.7 45.3 Actuated g/C Ratio 0.30 0.30 0.30 0.30 0.16 0.48 0.08 0.40 Clearance Time (s) 5.0 5.0 5.0 5.0 5.0 6.0 5.0 6.0
Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0
Lane Grp Cap (vph) 222 473 297 467 290 2440 134 1992
v/s Ratio Prot c0.12 0.27 0.04 c0.38
v/s Ratio Perm 0.25 0.05 c0.28 0.00
v/c Ratio 0.85 0.18 0.92 0.01 0.75 0.56 0.54 0.95
Uniform Delay, d1 37.5 29.6 38.7 28.1 45.5 20.8 50.8 33.4 Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 24.6 0.2 32.6 0.0 10.1 0.3 4.5 11.1 Delay (s) 62.1 29.8 71.3 28.1 55.6 21.1 55.3 44.5
Level of Service E C E C E C E D
Approach Delay (s) 47.4 68.9 25.8 44.9
Approach LOS D E C D
Intersection Summary
HCM 2000 Control Delay 39.5 HCM 2000 Level of Service D HCM 2000 Volume to Capacity ratio 0.90
Actuated Cycle Length (s) 114.1 Sum of lost time (s) 16.0 Intersection Capacity Utilization 76.9% ICU Level of Service D Analysis Period (min) 15
c Critical Lane Group

ATTACHMENT E
2292
HCM Signalized Intersection Capacity Analysis
5: West Ln & W Ln Frontage Rd 05/28/2024
Background_Project_Mitigated PM 1:19 pm 10/11/2023 Synchro 11 Report

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Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations
Traffic Volume (vph) 119 6 90 130 9 8 150 1573 134 37 1227 70 Future Volume (vph) 119 6 90 130 9 8 150 1573 134 37 1227 70 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 5.0 5.0 5.0 5.0 5.0 6.0 5.0 6.0
Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 0.91 1.00 0.91 Frpb, ped/bikes 1.00 1.00 1.00 0.99 1.00 1.00 1.00 1.00 Flpb, ped/bikes 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Frt 1.00 0.85 1.00 0.85 1.00 0.99 1.00 0.99
Flt Protected 0.95 1.00 0.96 1.00 0.95 1.00 0.95 1.00
Satd. Flow (prot) 1778 1583 1779 1563 1770 5014 1770 5038 Flt Permitted 0.60 1.00 0.64 1.00 0.95 1.00 0.95 1.00
Satd. Flow (perm) 1126 1583 1193 1563 1770 5014 1770 5038 Peak-hour factor, PHF 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 Adj. Flow (vph) 124 6 94 135 9 8 156 1639 140 39 1278 73 RTOR Reduction (vph) 0 0 67 006060050
Lane Group Flow (vph) 0 130 27 0 144 2 156 1773 0 39 1346 0 Confl. Peds. (#/hr) 1 3 1
Confl. Bikes (#/hr) 21
Turn Type Perm NA Perm Perm NA Perm Prot NA Prot NA
Protected Phases 4 4 5 2 1 6
Permitted Phases 4 4 4 4
Actuated Green, G (s) 16.9 16.9 16.9 16.9 13.4 46.4 4.5 37.5 Effective Green, g (s) 16.9 16.9 16.9 16.9 13.4 46.4 4.5 37.5 Actuated g/C Ratio 0.20 0.20 0.20 0.20 0.16 0.55 0.05 0.45 Clearance Time (s) 5.0 5.0 5.0 5.0 5.0 6.0 5.0 6.0
Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0
Lane Grp Cap (vph) 227 319 240 315 283 2776 95 2254
v/s Ratio Prot c0.09 c0.35 0.02 0.27
v/s Ratio Perm 0.12 0.02 c0.12 0.00
v/c Ratio 0.57 0.08 0.60 0.01 0.55 0.64 0.41 0.60
Uniform Delay, d1 30.2 27.2 30.4 26.7 32.4 12.9 38.4 17.5 Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 3.5 0.1 4.0 0.0 2.3 0.5 2.9 0.4
Delay (s) 33.7 27.3 34.4 26.7 34.7 13.4 41.2 17.9
Level of Service C C C C C B D B
Approach Delay (s) 31.0 34.0 15.1 18.5
Approach LOS C C B B
Intersection Summary
HCM 2000 Control Delay 18.1 HCM 2000 Level of Service B HCM 2000 Volume to Capacity ratio 0.64
Actuated Cycle Length (s) 83.8 Sum of lost time (s) 16.0 Intersection Capacity Utilization 64.9% ICU Level of Service C Analysis Period (min) 15
c Critical Lane Group

ATTACHMENT E
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Appendix R: Cumulative Plus Project
Conditions (COA) LOS Worksheets

ATTACHMENT E
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HCM 6th Signalized Intersection Summary
12: Holman Rd & Morada Ln 05/29/2024
Cumulative_Project AM_Mitigated 12:58 pm 09/05/2023 Synchro 11 Report

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Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations
Traffic Volume (veh/h) 270 1418 287 167 921 229 243 204 95 312 441 304 Future Volume (veh/h) 270 1418 287 167 921 229 243 204 95 312 441 304 Initial Q (Qb), veh 000000000000
Ped-Bike Adj(A_pbT) 1.00 0.98 1.00 0.98 1.00 0.98 1.00 0.98 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No
Adj Sat Flow, veh/h/ln 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 Adj Flow Rate, veh/h 290 1525 309 180 990 246 261 219 102 335 474 327 Peak Hour Factor 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 Percent Heavy Veh, % 222222222222
Cap, veh/h 355 1525 667 238 1405 614 314 786 345 377 851 373 Arrive On Green 0.10 0.43 0.43 0.07 0.40 0.40 0.09 0.22 0.22 0.11 0.24 0.24 Sat Flow, veh/h 3456 3554 1555 3456 3554 1552 3456 3554 1561 3456 3554 1557 Grp Volume(v), veh/h 290 1525 309 180 990 246 261 219 102 335 474 327 Grp Sat Flow(s),veh/h/ln 1728 1777 1555 1728 1777 1552 1728 1777 1561 1728 1777 1557 Q Serve(g_s), s 10.5 55.0 18.2 6.6 29.9 14.6 9.5 6.6 7.0 12.3 15.0 25.9 Cycle Q Clear(g_c), s 10.5 55.0 18.2 6.6 29.9 14.6 9.5 6.6 7.0 12.3 15.0 25.9 Prop In Lane 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Lane Grp Cap(c), veh/h 355 1525 667 238 1405 614 314 786 345 377 851 373 V/C Ratio(X) 0.82 1.00 0.46 0.76 0.70 0.40 0.83 0.28 0.30 0.89 0.56 0.88 Avail Cap(c_a), veh/h 566 1525 667 404 1405 614 351 943 414 377 970 425 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 56.3 36.6 26.1 58.6 32.5 27.8 57.3 41.4 41.6 56.3 42.8 46.9 Incr Delay (d2), s/veh 5.0 23.0 0.5 4.9 1.6 0.4 14.2 0.2 0.5 21.7 0.6 16.8 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 4.7 27.3 6.6 3.0 12.8 5.4 4.7 2.8 2.7 6.4 6.5 11.6 Unsig. Movement Delay, s/veh
LnGrp Delay(d),s/veh 61.4 59.6 26.6 63.5 34.1 28.3 71.5 41.6 42.1 78.0 43.3 63.8 LnGrp LOS E F C E C C E D D E D E
Approach Vol, veh/h 2124 1416 582 1136
Approach Delay, s/veh 55.1 36.8 55.1 59.4
Approach LOS E D E E
Timer - Assigned Phs 12345678
Phs Duration (G+Y+Rc), s 19.0 34.3 13.8 61.0 16.7 36.7 18.2 56.7 Change Period (Y+Rc), s 5.0 6.0 5.0 6.0 5.0 6.0 5.0 6.0 Max Green Setting (Gmax), s 14.0 34.0 15.0 55.0 13.0 35.0 21.0 49.0 Max Q Clear Time (g_c+I1), s 14.3 9.0 8.6 57.0 11.5 27.9 12.5 31.9 Green Ext Time (p_c), s 0.0 1.5 0.3 0.0 0.1 2.4 0.6 7.1 Intersection Summary
HCM 6th Ctrl Delay 51.1
HCM 6th LOS D
Notes
User approved pedestrian interval to be less than phase max green.

ATTACHMENT E
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HCM 6th Signalized Intersection Summary
12: Holman Rd & Morada Ln 05/29/2024
Cumulative_Project PM_Mitigated 1:19 pm 10/11/2023 Synchro 11 Report

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Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations
Traffic Volume (veh/h) 199 937 162 148 1349 262 216 346 185 173 251 188 Future Volume (veh/h) 199 937 162 148 1349 262 216 346 185 173 251 188 Initial Q (Qb), veh 000000000000
Ped-Bike Adj(A_pbT) 1.00 0.99 1.00 1.00 1.00 0.99 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No
Adj Sat Flow, veh/h/ln 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 Adj Flow Rate, veh/h 207 976 169 154 1405 273 225 360 193 180 261 196 Peak Hour Factor 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 Percent Heavy Veh, % 222222222222
Cap, veh/h 278 1646 724 224 1590 708 296 627 276 251 581 259 Arrive On Green 0.08 0.46 0.46 0.06 0.45 0.45 0.09 0.18 0.18 0.07 0.16 0.16 Sat Flow, veh/h 3456 3554 1563 3456 3554 1582 3456 3554 1562 3456 3554 1582 Grp Volume(v), veh/h 207 976 169 154 1405 273 225 360 193 180 261 196 Grp Sat Flow(s),veh/h/ln 1728 1777 1563 1728 1777 1582 1728 1777 1562 1728 1777 1582 Q Serve(g_s), s 5.8 20.1 6.4 4.3 35.7 11.4 6.3 9.2 11.5 5.0 6.5 11.7 Cycle Q Clear(g_c), s 5.8 20.1 6.4 4.3 35.7 11.4 6.3 9.2 11.5 5.0 6.5 11.7 Prop In Lane 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Lane Grp Cap(c), veh/h 278 1646 724 224 1590 708 296 627 276 251 581 259 V/C Ratio(X) 0.74 0.59 0.23 0.69 0.88 0.39 0.76 0.57 0.70 0.72 0.45 0.76 Avail Cap(c_a), veh/h 385 1692 744 385 1692 753 385 1404 617 385 1404 625 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 44.4 19.6 15.9 45.2 24.9 18.2 44.1 37.2 38.2 44.8 37.3 39.4 Incr Delay (d2), s/veh 5.0 0.5 0.2 3.8 5.7 0.3 6.3 0.8 3.2 3.8 0.5 4.5 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 2.6 7.6 2.2 1.9 15.0 4.0 2.8 3.9 4.5 2.2 2.8 4.7 Unsig. Movement Delay, s/veh
LnGrp Delay(d),s/veh 49.3 20.1 16.1 48.9 30.6 18.6 50.5 38.1 41.4 48.6 37.8 43.9 LnGrp LOS D C B D C B DDDDDD
Approach Vol, veh/h 1352 1832 778 637
Approach Delay, s/veh 24.1 30.4 42.5 42.7
Approach LOS CCDD
Timer - Assigned Phs 12345678
Phs Duration (G+Y+Rc), s 12.2 23.4 11.4 51.7 13.5 22.1 12.9 50.2 Change Period (Y+Rc), s 5.0 6.0 5.0 6.0 5.0 6.0 5.0 6.0 Max Green Setting (Gmax), s 11.0 39.0 11.0 47.0 11.0 39.0 11.0 47.0 Max Q Clear Time (g_c+I1), s 7.0 13.5 6.3 22.1 8.3 13.7 7.8 37.7 Green Ext Time (p_c), s 0.2 2.8 0.2 7.5 0.2 2.1 0.2 6.5 Intersection Summary
HCM 6th Ctrl Delay 32.3
HCM 6th LOS C
Notes
User approved pedestrian interval to be less than phase max green.

ATTACHMENT E
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Appendix F: Water Supply Assessment

ATTACHMENT E
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ATTACHMENT E
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Bear Creek South Residential Project
Water Supply Assessment

PREPARED FOR
City of Stockton
FINAL REPORT | NOVEMBER 2024

ATTACHMENT E
2299
Bear Creek South Residential Project
Water Supply Assessment
Prepared for
City of Stockton
Project No. 129-60-24-60
November 20, 2024
Prepared by: Whitney Jones, PE Date
November 20, 2024
QA/QC Review: Elizabeth T. Drayer, PE Date

ATTACHMENT E
2300
Executive Summary............................................................................................................................1 Purpose of Water Supply Assessment.................................................................................................... 1 Proposed Project Overview.................................................................................................................... 1 Potable and Recycled Water Demands and Supply Availability............................................................. 1 Determination of Water Supply Sufficiency........................................................................................... 2

1.0 Introduction.................................................................................................................................3

1.1 Legal Requirement for Water Supply Assessment........................................................................... 3

1.2 Need for and Purpose of Water Supply Assessment ....................................................................... 3

1.3 Water Supply Assessment Preparation, Format and Organization.................................................. 3

2.0 Description of Proposed Project....................................................................................................5

2.1 Proposed Project Location and Existing Use .................................................................................... 5

2.2 Proposed Land Uses and Projected Water Demand ........................................................................ 5

2.3 Projected Water Supply.................................................................................................................... 6

3.0 Required Determinations ...........................................................................................................10

3.1 Does SB 610 apply to the Proposed Project? ................................................................................. 10

3.2 Does SB 221 apply to the Proposed Project? ................................................................................. 10

3.3 Who is the Identified Public Water System?.................................................................................. 11

3.4 Does the City have an adopted Urban Water Management Plan (UWMP) and does the UWMP include the projected water demand for the Proposed Project? ...................... 11

4.0 City of Stockton Municipal Utilities Department Water Service Area ..............................................12

4.1 Water Service Area......................................................................................................................... 12

4.2 Population ...................................................................................................................................... 12

4.3 Climate............................................................................................................................................ 13

5.0 City of Stockton Municipal Utilities Department Water Demands ................................................14

5.1 Historical and Existing Water Demand........................................................................................... 14

5.2 Future Water Demand.................................................................................................................... 14

5.3 Dry Year Water Demand................................................................................................................. 15

6.0 City of Stockton Municipal Utilities Department Water Supplies..................................................16

6.1 Existing Potable Water Supplies..................................................................................................... 17

6.1.1 Purchased Water .................................................................................................................. 18

6.1.1.1 Stockton East Water District ....................................................................................... 18

6.1.1.2 Woodbridge Irrigation District .................................................................................... 18

6.1.2 Surface Water....................................................................................................................... 18

6.1.2.1 Water Right Permit...................................................................................................... 18

6.1.2.2 Delta Water Treatment Plant...................................................................................... 19

ATTACHMENT E
2301

6.1.3 Groundwater......................................................................................................................... 19

6.1.3.1 Groundwater Overview............................................................................................... 20

6.1.3.2 Groundwater Basin Management............................................................................... 20

6.1.3.3 Groundwater Use ........................................................................................................ 21

6.1.3.4 Groundwater as a Future Water Supply...................................................................... 21

6.2 Additional Planned Future Potable Water Supplies....................................................................... 21

6.3 Summary of Existing and Additional Planned Future Water Supplies ........................................... 22

6.4 Water Supply Availability and Reliability........................................................................................ 22

6.4.1 Reliability by Water Source................................................................................................... 23

6.4.1.1 SEWD Supply ............................................................................................................... 23

6.4.1.2 San Joaquin River Supply............................................................................................. 23

6.4.1.3 WID Supply .................................................................................................................. 24

6.4.1.4 Groundwater Supply ................................................................................................... 24

6.4.2 Summary of Available Water Supplies Under Normal, Single Dry, and Multiple Dry Years. 24

7.0 Determination of Water Supply Sufficiency Based on the Requirements of SB 610 .......................27

8.0 Verification of Sufficient Water Supply Based on the Requirements of SB 221..............................29

8.1 Historical Water Deliveries............................................................................................................. 29

8.2 Projected Water Demand by Customer Sector.............................................................................. 29

8.3 Water Shortage Contingency Analysis ........................................................................................... 30

8.4 Future Water Supplies to Serve Water Demands Associated with Buildout of the Proposed Project .................................................................................................................................................. 31

8.5 Verification of Sufficient Water Supply .......................................................................................... 31

9.0 Water Supply Assessment Approval Process ...............................................................................32

10.0 References...............................................................................................................................33

ATTACHMENT E
2302

LIST OF TABLES
Table 2-1. Total Projected Water Demand............................................................................................. 6 Table 4-1. Historical and Projected Population for the COSMUD Water Service Area........................ 12 Table 4-2. Monthly Average Climate Data Summary ........................................................................... 13 Table 5-1. Historical Potable Water Demand (includes Non-Revenue Water).................................... 14 Table 5-2. Summary of Future Water Demand (includes Non-Revenue Water) ................................. 14 Table 6-1. Existing (2020) Water Supplies............................................................................................ 17 Table 6-2. Historical Groundwater Volume Pumped by the COSMUD ................................................ 21 Table 6-3. Projected Water Supplies.................................................................................................... 22 Table 6-4. Anticipated San Joaquin River Water Supplies.................................................................... 24 Table 6-5. Normal Year Water Supply .................................................................................................. 25 Table 6-6. Single Dry Year Water Supply.............................................................................................. 25 Table 6-7. Multiple Dry Years Water Supply ........................................................................................ 26 Table 7-1. Summary of Water Demand Versus Water Supply During Various Hydrologic Conditions 28 Table 8-1. Actual and Projected Water Demands by Customer Sector ............................................... 30

LIST OF FIGURES
Figure 2-1. Proposed Project Location ................................................................................................... 7 Figure 2-2. Proposed Project Vicinity Map............................................................................................. 8 Figure 2-3. Proposed Project.................................................................................................................. 9

ATTACHMENT E
2303

LIST OF ACRONYMS AND ABBREVIATIONS
AF Acre-Feet 13
AFY Acre-Feet Per Year 1/5
Cal Water California Water Service 4
City City of Stockton 1
COSMUD City of Stockton Municipal Utilities Department 1/4 Delta Sacramento-San Joaquin Delta 1/4
DJWWTP Dr. Joe Waidhofer Water Treatment Plant 16
DU Dwelling Unit
DWR California Department of Water Resources 18
DWTP Delta Water Treatment Plant 2/9
EIR Environmental Impact Report 16
ETo Evapotranspiration 9
F Fahrenheit 12
gpd Gallons Per Day
GPU General Plan Update
GSP Groundwater Sustainability Plan 20
GWA Eastern San Joaquin Groundwater Authority
LDF Low Density Residential
mgd Million Gallons Per Day
Proposed Project Bear Creek South Residential Project
SB Senate Bill 4
SEWD Stockton East Water District 3
sf Square Feet 16
SGMA Sustainable Groundwater Management Act 1/4
SMC Stockton Municipal Code
SOI Sphere of Influence 11
SOI/MSR City of Stockton Sphere of Influence Plan/Municipal Service Review State Water Board State Water Resources Control Board
USBR United States Bureau of Reclamation 4
UWMP Urban Water Management Plan 18
Water Code California Water Code 2/10
WID Woodbridge Irrigation District 1
WSA Water Supply Assessment 16
WSCP Water Shortage Contingency Plan

ATTACHMENT E
2304
Bear Creek South Residential Project
Water Supply Assessment

EXECUTIVE SUMMARY
Purpose of Water Supply Assessment
The purpose of this Water Supply Assessment (WSA) is to perform the evaluation required by California Water Code Sections 10910 through 10915, as established by Senate Bill (SB) 610, and verification of sufficient water supply, as established by SB 221, in connection with the proposed Bear Creek South Residential Project (Proposed Project). The Project Site consists of 530.18 acres, which includes a development area of 503.89 acres and a non-development area of 26.29 acres. The Project Site is located in the northern portion of the City of Stockton Metropolitan Area, within the unincorporated area of San Joaquin County. The Project Site is adjacent to the City of Stockton’s northern city limits, within the City of Stockton (City) Sphere of Influence (SOI), and within the City of Stockton Urban Services Boundary.

The Project Site would be annexed into the City and the Proposed Project would receive potable water supply from the City of Stockton Municipal Utilities Department (COSMUD).

This WSA evaluates the adequacy and sufficiency of the COSMUD total projected water supplies, including existing water supplies and future planned water supplies, to meet the existing and projected future water demands, including those future water demands associated with the Proposed Project, under all hydrologic conditions (normal years, single dry years, and multiple dry years).

Proposed Project Overview
The Project Site is immediately northeast of the intersection of West Lane and Morada Lane and is bounded on the north by Bear Creek, on the west by West Lane (an existing regional arterial), on the south by Morada Lane, and on the east by the Union Pacific Railroad right-of-way. The Proposed Project will include development of up to 2,241 residential units, five parks, an open space area along Bear Creek and public infrastructure.

With its 2,241 dwelling units, the Proposed Project meets the definition of a “Project” per California Water Code Sections 10910 through 10915, as established by SB 610 in 2001, thus requiring the preparation of this WSA.

Potable and Recycled Water Demands and Supply Availability Projected potable demands for buildout of the Proposed Project total approximately 717 acre-feet per year (AFY). No recycled water demand is expected for the Proposed Project. The demands associated with the Proposed Project were not included in the City’s 2020 Urban Water Management Plan (UWMP).

It is anticipated that potable water demands for the Proposed Project, if approved by the City, would be served by the COSMUD existing and future water supplies. The inclusion of existing and planned future water supplies is specifically allowed by the California Water Code:

California Water Code Section 10631(b): Identify and quantify, to the extent practicable, the existing and planned sources of water available to the supplier over the same five-year increments described in subdivision (a).

Pursuant to California Water Code Section 10910(4) and based on the technical analyses described in this WSA, this WSA demonstrates that the COSMUD existing and additional planned future water supplies are

ATTACHMENT E
2305
sufficient to meet the COSMUD existing water demands, including those future water demands associated with the Proposed Project.

Determination of Water Supply Sufficiency
As described in Section 7, this WSA demonstrates water supply sufficiency per the requirements of SB 610.

Water demand within the COSMUD water service area is not expected to exceed the COSMUD water supplies at buildout under any hydrologic condition through 2045. To remain conservative in planning, the City’s 2020 UWMP assumes no reduction in water demand during dry years. However, water conservation and demand reduction methods detailed in the adopted Water Shortage Contingency Plan, included in Appendix I of the City’s 2020 UWMP, can reduce demands by up to and greater than 50 percent under water supply shortage conditions and other emergencies.

Section 8 of this WSA also provides written verification of supply sufficiency per the requirements of SB 221 by demonstrating that water supplies available during normal, single dry and multiple dry years within a 20-year projection will meet the projected demand associated with the Proposed Project, in addition to existing and planned future uses, including, but not limited to, agriculture and industrial uses.

ATTACHMENT E
2306

1.0 INTRODUCTION

1.1 Legal Requirement for Water Supply Assessment
California Senate Bill (SB) 610 amended state law, effective January 1, 2002, to improve the link between information on water supply availability and certain land use decisions made by cities and counties. SB 610 sought to promote more collaborative planning between local water suppliers and cities and counties. It requires detailed information regarding water supply availability to be provided to the city and county decision-makers prior to approval of specified large development projects. The purpose of this coordination is to ensure that prudent water supply planning has been conducted, and that planned water supplies are adequate to meet existing demands, anticipated demands from approved projects and tentative maps, and the demands of proposed projects.

SB 610 amended California Water Code (Water Code) Sections 10910 through 10915 (inclusive) to require land use lead agencies to:
• Identify any public water purveyor that may supply water for a proposed development project
• Request a Water Supply Assessment (WSA) from the identified water purveyor The purpose of the WSA is to demonstrate the sufficiency of the purveyor’s water supplies to satisfy the water demands of the proposed project, while still meeting the water purveyor’s existing and planned future uses. Water Code Sections 10910 through 10915 delineate the specific information that must be included in the WSA.

1.2 Need for and Purpose of Water Supply Assessment
The purpose of this WSA is to perform the evaluation required by Water Code Sections 10910 through 10915 in connection with the Bear Creek South Residential Project (Proposed Project). It is not to reserve water, or to function as a “will serve” letter or any other form of commitment to supply water (see Water Code Section 10914). The provision of water service will continue to be undertaken in a manner consistent with applicable policies and procedures, consistent with existing law.

1.3 Water Supply Assessment Preparation, Format and Organization The format of this WSA is intended to follow Water Code Sections 10910 through 10915 to clearly delineate compliance with the specific requirements for a WSA. The WSA includes the following sections:
• Section 1: Introduction
• Section 2: Description of Proposed Project
• Section 3: Required Determinations
• Section 4: City of Stockton Municipal Utilities Department Water Service Area • Section 5: City of Stockton Municipal Utilities Department Water Demands • Section 6: City of Stockton Municipal Utilities Department Water Supplies • Section 7: Determination of Water Supply Sufficiency Based on the Requirements of SB 610 • Section 8: Verification of Sufficient Water Supply Based on the Requirements of SB 221

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• Section 9: Water Supply Assessment Approval Process
• Section 10: References
Relevant citations of Water Code Sections 10910 through 10915 are included throughout this WSA in italics to demonstrate compliance with the specific requirements of SB 610.

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2.0 DESCRIPTION OF PROPOSED PROJECT
The Proposed Project location, description, and projected water demands are discussed below. This information is based on the Project Description for the Proposed Project.1

2.1 Proposed Project Location and Existing Use
The Project Site consists of 530.18 acres, which includes a development area of 503.89 acres and a non-development area of 26.29 acres. The Project Site is located in the northern portion of the City of Stockton Metropolitan Area, within the unincorporated area of San Joaquin County. The Project Site is adjacent to the City of Stockton’s northern city limits, within the City of Stockton (City) Sphere of Influence (SOI), and within the City of Stockton Urban Services Boundary. The Project Site would be annexed into the City and the Proposed Project would receive potable water supply from the City of Stockton Municipal Utilities Department (COSMUD).

The Project Site is immediately northeast of the intersection of West Lane and Morada Lane and is bounded on the north by Bear Creek, on the west by West Lane (an existing regional arterial), on the south by Morada Lane, and on the east by the Union Pacific Railroad right-of-way. The location of the Proposed Project is shown on Figure 2-1.

The Project Site is currently predominantly comprised of agricultural uses and related facilities such as associated agricultural equipment and irrigation ditches. The entire Project Site is surrounded by the City of Stockton. Lands to the east and north are designated as Low Density Residential. Lands to the south are designated as Commercial, Low Density Residential, and Medium Density Residential. Lands to the west are designated as Parks and Recreation, and Institutional. A vicinity map for the Proposed Project is presented on Figure 2-2.

2.2 Proposed Land Uses and Projected Water Demand
The Proposed Project consists of 2,241 single-family residential units dispersed throughout multiple neighborhoods, linked by a system of parks and open spaces. Approximately 27.7 acres of parks, five in total, are proposed around a centrally located park/basin, which provides each neighborhood an opportunity to access these spaces through a network of enhanced walkways, also referred to as wellness walks. Approximately 28.9 acres of open spaces are included within the Project Site. The open space is utilized for detention (6.6 acres) and a linear buffer area along Bear Creek (22.3 acres), of which 0.7 acres is planned to be landscaped. A map of the Proposed Project is presented on Figure 2-3.

To determine the projected water demand for the Proposed Project, the updated water use factors from the City’s 2021 Water Master Plan Update were used. These water use factors are based on recent water consumption trends within the COSMUD service area. The total projected water demand for the Proposed Project is 717 acre-feet/year (AFY) as shown in Table 2-1. All the water demands from the Proposed Project are anticipated to be served by the COSMUD North Stockton water system. 1 City of Stockton, 2024. Project Description – Bear Creek South Residential Project, July 2024.

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Table 2-1. Total Projected Water Demand
Land Use Type(a)
Dwelling
Units, DU
Gross Area,
acres
Water Use
Factor(b)
Non-Revenue
Water(c),
percent
Projected
Water
Demand(d),
AFY
Low Density
Residential (LDR) 2,241 -
242 gpd/DU

0.27 AFY/DU 8 660.3
Parks - 27.7 1.85 AFY/acre 8 55.7
Bear Creek Open Space
(landscaped area) - 0.74 1.85 AFY/acre 8 1.5
Total 717
(a) Includes only land use types within the Project Site that have an associated water demand. (b) Water use factors are from the City of Stockton 2021 Water Master Plan Update. (c) Non-revenue water is 8 percent of the total water demand, with the total water demand including the non-revenue water itself. This assumption is based on the City of Stockton 2021 Water Master Plan Update. (d) The projected water demand was determined by multiplying the dwelling units or gross acres by the water use factor for each land use type and then adding 8 percent non-revenue water.
gpd/DU = gallons per day per dwelling unit; AFY/DU = acre-feet per year per dwelling unit

2.3 Projected Water Supply
Water demands for the Proposed Project will be served using the COSMUD existing and future portfolio of water supplies discussed in Section 6. The inclusion of existing and planned future water supplies is specifically allowed by the Water Code:

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Source: City of Stockton, 2024. Project Description for Bear Creek South Residential Project.

Figure 2-1. Proposed Project Location

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Source: City of Stockton, 2024. Project Description for Bear Creek South Residential Project.

Figure 2-2. Proposed Project Vicinity Map

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Source: City of Stockton, 2024. Project Description for Bear Creek South Residential Project.

Figure 2-3. Proposed Project

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3.0 REQUIRED DETERMINATIONS

3.1 Does SB 610 apply to the Proposed Project?
Water Code Section 10910 (a) Any city or county that determines that a project, as defined in Section 10912, is subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) under Section 21080 of the Public Resources Code shall comply with this part.

Water Code Section 10912 (a) “Project” means any of the following:
(1) A proposed residential development of more than 500 dwelling units. (2) A proposed shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space.
(3) A proposed commercial office building employing more than 1,000 persons or having more than 250,000 square feet of floor space.
(4) A proposed hotel or motel, or both, having more than 500 rooms. (5) A proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area.
(6) A mixed-use project that includes one or more of the projects specified in this subdivision. (7) A project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500-dwelling unit project.

Based on the following facts, SB 610 does apply to the Proposed Project. • The City has determined that the Proposed Project is subject to the California Environmental Quality Act and that an Environmental Impact Report (EIR) is required. • The Proposed Project, with 2,241 dwelling units, meets the definition of a “project” as specified in Water Code Section 10912(a) paragraph (1) as defined for a residential development.

The Proposed Project has not been the subject of a previously adopted WSA and has not been included in an adopted WSA for a larger project. Therefore, according to Water Code Section 10910(a), a WSA is required for the Proposed Project.

3.2 Does SB 221 apply to the Proposed Project?
In 2001, SB 221 amended State law to require that approval by a city or county of certain residential subdivisions requires an affirmative written verification of sufficient water supply. Per California Government Code Section 66473.7(a)(1), a subdivision means a proposed residential development of more than 500 dwelling units. The Proposed Project, with its proposed 2,241 residential dwelling units, is therefore subject to the requirements of SB 221. Section 8 of this WSA provides the required written verification of sufficient water supply.

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3.3 Who is the Identified Public Water System?
Water Code Section 10910(b) The city or county, at the time that it determines whether an environmental impact report, a negative declaration, or a mitigated negative declaration is required for any project subject to the California Environmental Quality Act pursuant to Section 21080.1 of the Public Resources Code, shall identify any water system that is, or may become as a result of supplying water to the project identified pursuant to this subdivision, a public water system, as defined by Section 10912, that may supply water for the project.

Water Code Section 10912 (c) “Public water system” means a system for the provision of piped water to the public for human consumption that has 3,000 or more service connections… The Proposed Project is located within the City’s Sphere of Influence and would be annexed into the City of Stockton and served by the COSMUD. Therefore, the COSMUD is the identified public water system for the Proposed Project.

3.4 Does the City have an adopted Urban Water Management Plan (UWMP) and does the UWMP include the projected water demand for the Proposed Project?
Water Code Section 10910(c)(1) The city or county, at the time it makes the determination required under Section 21080.1 of the Public Resources Code, shall request each public water system identified pursuant to subdivision (b) to determine whether the projected water demand associated with a proposed project was included as part of the most recently adopted urban water management plan adopted pursuant to Part 2.6 (commencing with Section 10610).

The most recent COSMUD UWMP (2020 UWMP) was adopted by City Council in June 2021 and is incorporated by reference into this WSA.
2 The 2020 UWMP included water demand projections for
current water demands within the COSMUD water service area (baseline demand) and anticipated water demands associated with future development projects and planning areas within the COSMUD water service area through 2045. However, the Proposed Project was not included in the future development projects and planning areas considered in the 2020 UWMP, therefore, the projected water demand for the Proposed Project was not included in the 2020 UWMP.

Therefore, for the purposes of this WSA, the projected water demand for the Proposed Project has been added to the projected water demands included in the 2020 UWMP to evaluate the ability of the COSMUD to meet the projected water demands for the Proposed Project. 2 West Yost. June 2021. City of Stockton 2020 Urban Water Management Plan.

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4.0 CITY OF STOCKTON MUNICIPAL UTILITIES DEPARTMENT WATER SERVICE AREA

4.1 Water Service Area
The City is located in north-central California, approximately 70 miles east of the San Francisco Bay Area and 50 miles south of Sacramento. California State Highway 99 and Interstate 5 run north and south through the City on the east and west boundaries, respectively, and California State Highway 4 (the Crosstown Freeway) connects the two. The San Joaquin River flows from the south and terminates at the Delta area of Central Stockton.

The COSMUD provides water service to North and South Stockton while the central portion of the City is served by California Water Service (Cal Water). North Stockton is primarily residential, and South Stockton is largely comprised of residential (on the west side), industrial and agricultural land uses. The COSMUD water service area extends beyond the City Limits into unincorporated San Joaquin County, in conjunction with the City’s General Plan. The COSMUD provides water service as new developments are approved within its water service area and/or annexed into the City.

4.2 Population
The existing (2020) population for the COSMUD water service area was estimated in the 2020 UWMP to be 184,402 people. Population projections for 2025 through 2040 presented in the 2020 UWMP were estimated in the City’s 2021 Water Master Plan Update3. These projections through 2040 were based on future land uses as defined in the City’s 2040 General Plan Update (GPU) and the April 2020 City of Stockton Sphere of Influence Plan/Municipal Service Review (SOI/MSR). Finally, as 2045 is outside of the SOI/MSR Report and 2021 Water Master Plan Update planning horizon, an annualized growth rate of

1.44 percent was used to estimate the 2045 projected population for the 2020 UWMP.

Table 4-1 shows the COSMUD historical and projected population in five-year increments from 1995 to 2045.

Table 4-1. Historical and Projected Population for the COSMUD Water Service Area Time Frame Year Population
Historical(a)
1995 117,303
2000 135,716
2005 177,127
2010 178,387
2015 170,417
Projected(b)
2020 184,402
2025 188,601
2030 192,800
2035 239,380
2040 285,960
2045 307,150
(a) City of Stockton 2015 UWMP, Table 2-2, July 2016.
(b) City of Stockton 2020 UWMP, Table 3-2, June 2021.
3 West Yost. January 2021. City of Stockton 2021 Water Master Plan Update Chapter 3.

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4.3 Climate
The COSMUD water service area is located in the Central Valley of California and generally experiences hot, dry summers with daytime temperatures well over 100 degrees Fahrenheit (°F). Winter temperatures can drop to 30°F but are generally mild. A majority of the annual average 10.4 inches of rainfall generally falls from November through March. The average reference evapotranspiration (ETo) is 52.6 inches.

Table 4-2 summarizes the average temperature and rainfall data for the COSMUD water service area.

Table 4-2. Monthly Average Climate Data Summary
Month(a)
Standard Monthly
Average ET, inches
Average Total
Rainfall, inches
Average Temperature, degrees Fahrenheit
Maximum Minimum
Manteca (CIMIS Station No. 70, WRCC Station No. 045303) (a)
January 1.11 1.65 53.7 36.3
February 1.96 1.35 61.1 39.3
March 3.54 1.52 66.3 42.1
April 5.09 0.95 72.4 45.2
May 6.77 0.21 80.9 50.5
June 7.73 0.09 88.6 55.9
July 8.01 0.12 93.2 59.2
August 7.04 0.23 91.5 58.5
September 5.16 0.24 87.7 55.9
October 3.41 0.97 77.7 49.2
November 1.70 1.58 61.1 40.4
December 1.05 1.51 53.8 35.4
Totals 52.57 10.41 - -
Source: City of Stockton 2020 UWMP, Table 3-1, June 2021. (a) Period of record is 1971 to 2000.

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5.0 CITY OF STOCKTON MUNICIPAL UTILITIES DEPARTMENT WATER DEMANDS Water Code Section 10910(c)(2) If the projected water demand associated with the proposed project was accounted for in the most recently adopted urban water management plan, the public water system may incorporate the requested information from the urban water management plan in preparing the elements of the assessment required to comply with subdivisions (d), (e), (f), and (g).

The descriptions provided below for the COSMUD water demands have been taken, for the most part, from the 2020 UWMP, which was adopted in June 2021.

5.1 Historical and Existing Water Demand
The COSMUD water demand decreased significantly from 2012 to 2015 due to drought conditions and associated conservation measures. However, water demands have rebounded somewhat in recent years with the end of drought conditions.

Table 5-1 shows the COSMUD historical water demand from 2012 to 2020.

Table 5-1. Historical Potable Water Demand (includes Non-Revenue Water), AFY Condition 2012 2013 2014 2015 2016 2017 2018 2019 2020(b) Total Water Demand 37,100 36,692 31,603 26,312 27,845 29,241 30,103 30,684 34,404 (a) 2012 through 2019 source: City of Stockton 2021 Water Master Plan Update, Table 3-1, January 2021. (b) 2020 source: City of Stockton 2020 UWMP, Table 4-2, June 2021.

5.2 Future Water Demand
Projected future water demands presented in the City’s 2020 UWMP used land-use based water demand projections developed for the City’s 2021 Water Master Plan Update. Water demand projections were based on the anticipated growth within the COSMUD water service area as defined by City’s 2040 GPU and confirmed with the City’s Community Development Department. Projected water demands for 2045 were assumed to be the same as projected water demands in 2040 since the development of future planned developments beyond 2040 is not defined in the City’s 2040 GPU. However, as described in Section 3.4 of this WSA, the Proposed Project was not included in these projections, so projected water demands for the Proposed Project have been added to the 2020 UWMP water demand projections for the purposes of this WSA, assuming that buildout of the Proposed Project occurs by 2030.

Projected water demands for the COSMUD water service area, including projected water demands for the Proposed Project, are summarized in Table 5-2 and indicate a 43 percent increase in water demand from 2020 to 2045.

Table 5-2. Summary of Future Water Demand (includes Non-Revenue Water), AFY Demand Projection Source 2025 2030 2035 2040 2045
2020 UWMP(a) 34,789 37,878 43,161 48,444 48,444
Proposed Project (see Table 2-1) -- 717 717 717 717
Total (including Proposed Project) 34,789 38,595 43,878 49,161 49,161 (a) Source: City of Stockton 2020 UWMP, Table 4-3, June 2021.

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5.3 Dry Year Water Demand
For planning purposes, and to be conservative, the COSMUD assumes no reduction in water demand during dry years. The adopted Water Shortage Contingency Plan, outlined in Appendix I of the 2020 UWMP, includes a six-stage plan describing specific actions to reduce water demand by up to and greater than 50 percent in the event of a water supply shortage or other emergency.

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6.0 CITY OF STOCKTON MUNICIPAL UTILITIES DEPARTMENT WATER SUPPLIES Water Code Section 10910(c)(2) If the projected water demand associated with the proposed project was accounted for in the most recently adopted urban water management plan, the public water system may incorporate the requested information from the urban water management plan in preparing the elements of the assessment required to comply with subdivisions (d), (e), (f) and (g).

Water Code Section 10910(d)(1) The assessment required by this section shall include an identification of any existing water supply entitlements, water rights, or water service contracts relevant to the identified water supply for the proposed project, and a description of the quantities of water received in prior years by the public water system, or the city or county if either is required to comply with this part pursuant to subdivision (b), under the existing water supply entitlements, water rights, or water service contracts.

Water Code Section 10910(d)(2) An identification of existing water supply entitlements, water rights, or water service contracts held by the public water system, or the city or county if either is required to comply with this part pursuant to subdivision (b), shall be demonstrated by providing information related to all of the following:
(A) Written contracts or other proof of entitlement to an identified water supply. (B) Copies of a capital outlay program for financing the delivery of a water supply that has been adopted by the public water system.
(C) Federal, state, and local permits for construction of necessary infrastructure associated with delivering the water supply.
(D) Any necessary regulatory approvals that are required in order to be able to convey or deliver the water supply.

Water Code Section 10910(e) If no water has been received in prior years by the public water system, or the city or county if either is required to comply with this part pursuant to subdivision (b), under the existing water supply entitlements, water rights, or water service contracts, the public water system, or the city or county if either is required to comply with this part pursuant to subdivision (b), shall also include in its water supply assessment pursuant to subdivision (c), an identification of the other public water systems or water service contract-holders that receive a water supply or have existing water supply entitlements, water rights, or water service contracts, to the same source of water as the public water system, or the city or county if either is required to comply with this part pursuant to subdivision (b), has identified as a source of water supply within its water supply assessments.

The Proposed Project, if approved by the City, is anticipated to be served from the COSMUD’s existing and future portfolio of water supplies. The inclusion of existing and planned future water supplies is specifically allowed by the Water Code:

The water supply for the Proposed Project will have the same water supply reliability and water quality as the water supply available to the other COSMUD existing and future water customers. Proponents of the Proposed Project will provide their proportionate share of required funding to the COSMUD for the acquisition and delivery of treated potable water supplies to the Proposed Project area.

The water supplies needed to serve the Proposed Project (together with existing water demands and planned future uses) are predominantly described in the City’s 2020 UWMP. When relevant, the descriptions provided below have been updated with information provided by COSMUD staff.

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6.1 Existing Potable Water Supplies
The COSMUD currently receives water supply from the following sources:
• Surface water from the San Joaquin River that is diverted at the Intake Pump Station on Empire Tract located in the Sacramento-San Joaquin Delta (Delta) and treated at the City’s Delta Water Treatment Plant (DWTP), supplemented by surface water from the Mokelumne River diverted and conveyed by Woodbridge Irrigation District (WID), and treated at the City’s DWTP, when the City’s San Joaquin River supplies are curtailed; • Surface water from the Mokelumne River diverted and conveyed by WID, and treated at the City’s DWTP;
• Potable water purchased from Stockton East Water District (SEWD); and • Groundwater pumped from City owned and operated wells from the underlying Eastern San Joaquin Groundwater Subbasin.

Water from SEWD can be conveyed to both the North and South Stockton distribution systems. SEWD also supplies the COSMUD Walnut Plant service area that is surrounded by the Cal Water system through two interconnects. Cal Water conveys SEWD supply to the Walnut Plant service area via a wheeling agreement with COSMUD. Water supplies from local groundwater wells are used to supply both the COSMUD North and South Stockton water service areas. The Proposed Project will be served by the North Stockton water system.

To improve water supply resiliency and enhance water supply availability, the City plans to explore the potential of surface water/stormwater capture for the Groundwater Recharge Improvement Project. The COSMUD may pursue additional water resource exchanges or transfers. The COSMUD has no sources of ocean water, brackish water, or groundwater that provide a viable opportunity for development of desalinated water as a long-term supply.

Each of the COSMUD existing water supplies is described in more detail below. Table 6-1 shows the COSMUD source of its existing water supplies and actual volume used in 2020.

Table 6-1. Existing (2020) Water Supplies
Supply Source Additional Detail on Water Supply Actual Volume, AFY Purchased Water (treated surface water) SEWD 6,939
Purchased Water (untreated surface water) WID 8,657
Surface Water (untreated) San Joaquin River 9,970
Groundwater Eastern San Joaquin Subbasin 8,662
Total 34,228
Source: City of Stockton 2020 UWMP, Table 6-13, June 2021.

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6.1.1 Purchased Water
The City purchases treated potable water from SEWD and untreated surface water from WID as described below.

6.1.1.1 Stockton East Water District
SEWD is a wholesale water supplier that provides treated potable water to the urban water retailers within the Stockton Metropolitan Area, including COSMUD, Cal Water, and two small maintenance districts in the County (Urban Contractors). SEWD receives and treats surface water from New Melones Reservoir and New Hogan Reservoir through agreements with the United States Bureau of Reclamation (USBR). SEWD has filed several water right applications to divert excess wet weather flow from Calaveras River, Littlejohns Creek, and other tributaries. The applications are currently undergoing the permitting process with the State Water Resources Control Board (State Water Board).

To alleviate severe groundwater overdraft in the region, SEWD constructed the Dr. Joe Waidhofer Water Treatment Plant (DJWWTP) with a capacity of 30 million gallons per day (mgd) in the mid-1970s. Since then, the DJWWTP has been expanded to a current capacity of 65 mgd.

6.1.1.2 Woodbridge Irrigation District
WID provides agricultural water supply north of the City boundaries. When the DWTP is curtailed from diverting water from the San Joaquin River, the COSMUD obtains untreated surface water from WID to supplement its water supply. WID’s water supply is from the Mokelumne River.

In 2008, COSMUD executed a 40-year purchase agreement with WID for 6,500 AFY for municipal and industrial water use. This water augments supply to the DWTP when supply from the San Joaquin River is not available due to environmental restrictions. The water is conveyed to the DWTP through WID’s Wilkerson Canal system and Pixley lateral pipeline for treatment and conveyance to the COSMUD water service area.

The COSMUD 2008 contract with WID includes a provision for increase in water supply as WID-served agricultural lands in the northern part of the City are annexed to the City for municipal and industrial use.

Under this contract, an additional 6,500 AFY of WID supply will become available to the City at a rate of

3.0 AFY per acre annexed. WID supply may potentially increase from 6,500 AFY to 13,000 AFY by 2030.

6.1.2 Surface Water
Water supply from the San Joaquin River is a recent addition to the COSMUD water supply portfolio since the completion of the DWTP in 2012 and currently provides a significant portion of existing water supplies.

The City has a water right to Delta water because portions of the COSMUD water service area fall within the legally defined Delta and area of origin. Water supply from the San Joaquin River and substantially all of the groundwater that the COSMUD pumps are delivered primarily to the North Stockton water system.

6.1.2.1 Water Right Permit
The City’s water right Application 30531A with the State Water Board proposed diversions of up to 33,600 AFY from the Delta and the Place of Use was confined to the City’s 1990 General Plan boundary.

Through this application, the City was granted a water right permit under Water Code Section 1485. The City’s water right permit from the State Water Board was issued on March 8, 2006, under Water Right Permit 21176.

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Under Water Code Section 1485, Water Right Permit 21176 allows the City to divert from the San Joaquin River as much water as the City’s wastewater treatment plant discharges into the San Joaquin River under an indirect potable reuse strategy. The quantity is permitted up to 33,600 AFY from the San Joaquin River under Water Right Permit 21176. However, Section 1485 water is subject to pumping restriction in some months due to environmental restrictions.

The City’s supply from the San Joaquin River is curtailed annually from February 15th to June 15th due to U.S. Department of Fish and Wildlife Service, California Department of Fish and Wildlife, and National Marine Fisheries Service restrictions. When water diversion is curtailed, COSMUD obtains supplemental water supply from WID.

6.1.2.2 Delta Water Treatment Plant
Subsequent to the State Water Board water right permit issuance for Application 30531A, the COSMUD proceeded with Phase 1 of its Delta Water Supply Project with an initial treatment plant capacity of 30 mgd. The DWTP and associated water supply facilities were completed and commenced operation in 2012. Since completion of the DWTP, the City has exercised its water right to divert water through its intake facility on the San Joaquin River.

Surface water curtailments are possible in dry years and can be offset with additional groundwater use and/or demand reduction through implementation of the City’s Water Shortage Contingency Plan.

6.1.3 Groundwater
Water Code Section 10910(f) If a water supply for a proposed project includes groundwater, the following additional information shall be included in the water supply assessment.

Water Code Section 10910(f)(1) A review of any information contained in the urban water management plan relevant to the identified water supply for the proposed project.

Water Code Section 10910(f)(2) A description of any groundwater basin or basins from which the proposed project will be supplied. For those basins for which a court or the board has adjudicated the rights to pump groundwater, a copy of the order or decree adopted by the court or the board and a description of the amount of groundwater the public water system, or the city or county if either is required to comply with this part pursuant to subdivision (b), has the legal right to pump under the order or decree. For basins that have not been adjudicated, information as to whether the department has identified the basin or basins as overdrafted or has projected that the basin will become overdrafted if present management conditions continue, in the most current bulletin of the department that characterizes the condition of the groundwater basin, and a detailed description by the public water system, or the city or county if either is required to comply with this part pursuant to subdivision (b), of the efforts being undertaken in the basin or basins to eliminate the long-term overdraft condition.

Water Code Section 10910(f)(3) A detailed description and analysis of the amount and location of groundwater pumped by the public water system, or the city or county if either is required to comply with this part pursuant to subdivision (b), for the past five years from any groundwater basin from which the proposed project will be supplied. The description and analysis shall be based on information that is reasonably available, including, but not limited to, historical use records.

A detailed description and analysis of the amount and location of groundwater that is projected to be pumped by the public water system, or the city or county if either is required to comply with this part pursuant to subdivision (b), from any basin from which the proposed project will be supplied. The description and analysis shall be based on information that is reasonably available, including, but not limited to, historical use records.

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Water Code Section 10910(f)(4) An analysis of the sufficiency of the groundwater from the basin or basins from which the proposed project will be supplied to meet the projected water demand associated with the proposed project.

A water assessment shall not be required to include the information required by this paragraph if the public water system determines, as part of the review required by paragraph (1), that the sufficiency of groundwater necessary to meet the initial and projected water demand associated with the project was addressed in the description and analysis required by paragraph (4) of subdivision (b) of Section 10631.

6.1.3.1 Groundwater Overview
The COSMUD has groundwater wells located in the North Stockton and South Stockton water systems.

These wells are used conjunctively to meet peak summer demands or during dry years when available surface water supplies may be limited. The City has partnered with other users through the Eastern San Joaquin Groundwater Authority (GWA) to manage the groundwater basin.

The City has determined that the sustainable groundwater yield is 0.75 AFY/acre, or approximately 50,000 AFY for the overall City area. To establish the projected groundwater supply that is reasonably available within the COSMUD service area, COSMUD assumes that the reasonably available groundwater supply for the current water service area (approximately 38,500 acres) is pumped at 0.6 AFY/acre, equivalent to an annual groundwater supply of 23,100 AFY.

6.1.3.2 Groundwater Basin Management
The groundwater basin underlying the City is the San Joaquin Valley Basin, Eastern San Joaquin Subbasin (5-22.01, Subbasin). The Subbasin is defined by the areal extent of unconsolidated to semi consolidated sedimentary deposits that are bounded by the Mokelumne River on the north and northwest; San Joaquin River on the west; Stanislaus River on the south; and consolidated bedrock on the east.

In 2014, the California legislature enacted the Sustainable Groundwater Management Act (SGMA) in response to continued overdraft of California’s groundwater resources. The Subbasin is one of 21 basins and subbasins identified by the California Department of Water Resources (DWR) as being in a state of critical overdraft. SGMA requires preparation of a groundwater sustainability plan to address measures necessary to attain sustainable conditions in the Subbasin. Sustainability is generally defined as long-term reliability of the groundwater supply and the absence of undesirable results from over pumping.

The City, along with fifteen other groundwater users and groundwater sustainability agencies, formed a GWA in 2017 in response to SGMA. In 2019, the GWA completed the Eastern San Joaquin Groundwater Subbasin Groundwater Sustainability Plan (GSP) to help achieve groundwater sustainability in the Subbasin by 2040. In general, the GSP shows that groundwater elevations have declined since the 1950s.

Water quality issues were detected on the west side of the Subbasin, some of which are from wells underlying the City. The GSP outlined the need to reduce overdraft conditions and identified 23 projects for potential development, along with management actions, that either replace groundwater use or supplement groundwater supplies to meet current and future water demands. The list of 23 potential projects included in the GSP represent a variety of project types including direct and in-lieu recharge, intra-basin water transfers, demand conservation, water recycling, and stormwater reuse to be undertaken by the member agencies. The GSP determined an estimated pumping offset and/or recharge

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need of 78,000 AFY Subbasin-wide to achieve sustainability. This amount may be reevaluated after additional data are collected and analyzed.4
From 2020 to 2045, members of the GWA, including the City, will be monitoring and reporting their progress on implementing projects and studies and the impacts of their outreach. Evaluation will be conducted every five years.

6.1.3.3 Groundwater Use
The COSMUD uses groundwater conjunctively with its surface water supply sources, with groundwater generally used to meet increased water demands primarily in the summer months or during dry years when available surface water supplies may be limited. Wells are also depended on for emergency supply in the event of surface water supply interruptions.

Historically, the local groundwater basin provided 100 percent of the COSMUD water supply. However, with SEWD surface water deliveries beginning in the 1980s and the completion and dedication of the DWTP and associated water supply infrastructure in 2012, the reliance on groundwater has significantly reduced. The annual volume of groundwater pumped by the COSMUD is shown in Table 6-2. Groundwater supply provided an average of 4,320 AFY, approximately 14 percent of the total COSMUD water supply between 2016 and 2020.

Table 6-2. Historical Groundwater Volume Pumped by the COSMUD, AFY Supply Source 2012 2013 2014 2015 2016 2017 2018 2019 2020 Groundwater 3,394 4,085 7,228 6,619 3,748 2,965 3,236 3,778 8,662 Source: City of Stockton 2020 UWMP, Table 6-3, June 2021.

6.1.3.4 Groundwater as a Future Water Supply
In the future, the COSMUD plans to use less groundwater in wet and average years. It plans to continue groundwater use to meet peak demand and in dry years to make up for reductions in surface water deliveries.

6.2 Additional Planned Future Potable Water Supplies
In addition to the existing potable water supplies described above, the COSMUD has additional planned future potable water supplies to meet existing and projected future water demands, including those associated with the Proposed Project. The inclusion of planned future water supplies in this WSA is specifically allowed by the Water Code:

Water Code Section 10631(b): Identify and quantify, to the extent practicable, the existing and planned sources of water available to the supplier over the same five-year increments described in subdivision (a). 4 Eastern San Joaquin Groundwater Authority, Eastern San Joaquin Groundwater Subbasin Groundwater Sustainability Plan, November 2019, Section 6.

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As discussed above, the City’s application for an additional water right from the San Joaquin River for up to 92,300 AFY, is currently unpermitted. The City plans to pursue this application in the future to meet the COSMUD ultimate water demand. Pursuant to the grant of this additional water right by the State Water Board, several expansion projects are planned for the DWTP, as needed, from the current capacity of 30 mgd, up to 160 mgd.

As discussed in Section 6.1.1.2, the City expects an additional 6,500 AFY of WID supply will become available to the City at a rate of 3.0 AFY per acre annexed, per the City’s 2008 contract with WID. This WID supply may potentially increase from 6,500 AFY to 13,000 AFY by 2030.

6.3 Summary of Existing and Additional Planned Future Water Supplies Table 6-3 provides a summary of the COSMUD projected water supply entitlements. A discussion of the future anticipated availability of these existing and additional planned future water supplies during dry years is provided in the next section.

Table 6-3. Projected Water Supplies(a)
Supply Source
Additional Detail on
Water Supply
Reasonably Available Volume, AFY
2025 2030 2035 2040 2045
Purchased Water
(treated surface water) SEWD 24,300 24,300 24,300 24,300 24,300 Purchased Water
(untreated surface water)
WID 6,500 13,000 13,000 13,000 13,000
Surface Water
(untreated) San Joaquin River 23,400 24,800 25,000 25,000 25,000 Groundwater Eastern
San Joaquin Subbasin 23,100 23,100 23,100 23,100 23,100 Total 77,300 85,200 85,400 85,400 85,400
Source: City of Stockton 2020 UWMP, Table 6-14, June 2021 (a) A normal year is assumed.

6.4 Water Supply Availability and Reliability
Water Code Section 10910 (c)(4) requires that a WSA include a discussion with regard to “whether total projected water supplies, determined to be available by the city or county for the project during normal, single dry, and multiple dry water years during a 20-year projection, will meet the projected water demand associated with the proposed project, in addition to existing and planned future uses, including agricultural and manufacturing uses.” Accordingly, this WSA addresses these three hydrologic conditions through the year 2045. The reliability discussion presented in this section reflects Chapter 7 of the City’s 2020 UWMP.

Factors contributing to potential reductions in the COSMUD water supplies include legal limitations due to water rights and contracts that may limit the quantity of water available, environmental constraints, and reductions in availability due to climatic factors. The surface water supplies delivered to the COSMUD are subject to reductions during single and multiple dry years (seasonal and climatic shortages) as discussed below.

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Also, in response to drought conditions and the State of Emergency proclaimed by Governor Brown, first in January 2014 and again in April 2015, this WSA provides a discussion of the availability and reliability of the COSMUD available water supplies to meet water demands in the event that the COSMUD surface water supplies are limited under emergency water supply conditions.

6.4.1 Reliability by Water Source

6.4.1.1 SEWD Supply
Review of SEWD’s water deliveries from Fiscal Years 2012 through 2018 show that COSMUD received approximately one-third of the total SEWD water supply to the Urban Contractors.5SEWD estimated that approximately 72,800 acre-feet (AF) will be available to the Urban Contractors. Thus, the normal year volume entered for the COSMUD water service area is estimated to be 24,300 AF, approximately one-third of 72,800 AF.

Per the Second Amended Contract, SEWD is required to deliver a minimum of 20,000 AF to the Urban Contractors. Thus, the water supply availability for the City during the single dry year is assumed to be approximately one-third of the SEWD contractual minimum volume of 20,000 AF.

The water supply availability for the five-consecutive-dry years reflects the City’s deliveries from SEWD during the most recent Statewide drought. Available water supplies for the first and fifth years of the five-consecutive-year drought are estimated to be normal year supplies. Available SEWD supplies are reduced in the second year, and then further reduced to minimum deliveries (one-third on the contractual minimum volume) in the third and fourth years.

6.4.1.2 San Joaquin River Supply
Under Water Code Section 1485, Water Right Permit 21176 allows the City to divert from the San Joaquin River as much water as the City’s wastewater treatment plant discharges into the San Joaquin River. The quantity is permitted up to 33,600 AFY from the San Joaquin River under Water Right Permit 21176. However, Section 1485 water is subject to pumping restrictions in some months due to environmentalrestrictions. The City’s Water Right Permit summarizes San Joaquin River water available for diversion based on the City’s wastewater treatment plant discharge and pumping restrictions due to the environmental restrictions for 2012 through 2040.

Since the Petition for Extension of Time was completed prior to 2020, the volumes for 2020 through 2040 are projections of the anticipated volume available for diversion from the San Joaquin River and are based on the historical volumes available under similar hydrologic years, as shown in Table 6-4. 5 Stockton East Water District. Fiscal Years 2012/2013 to 2018/2019. Schedule D.

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Table 6-4. Anticipated San Joaquin River Water Supplies Year Type Base Year
Volume Available,
AFY
Percent of Average
Supply
Normal Year 2018 20,500 100
Single-Dry Year 2015 19,100 93
Consecutive Dry Year 1st Year 2013 18,300 89
Consecutive Dry Year 2nd Year 2014 19,000 93
Consecutive Dry Year 3rd Year 2015 19,100 93
Consecutive Dry Year 4th Year 2016 18,100 88
Consecutive Dry Year 5th Year 2017 21,400 104
Source: City of Stockton 2020 UWMP, Table 7-3, June 2021.

6.4.1.3 WID Supply
Raw water from WID augments supply to the DWTP if the San Joaquin River water is not available due to environmental restrictions. Consistent with the 2020 UWMP, a slight supply reduction from 6,500 AF to 4,500 AF is assumed during a single dry year and the third and fourth years of the five-consecutive-year drought.

6.4.1.4 Groundwater Supply
COSMUD plans to use its groundwater supply conjunctively with the available treated surface water supplies and purchased water supplies. Available groundwater supply is based on the projected groundwater supply that is reasonably available. COSMUD assumes that the reasonably available groundwater for the current water service area (approximately 38,500 acres) is pumped at 0.6 AFY/ac, equivalent to an annual groundwater supply of 23,100 AFY. This volume is assumed to be available under all year types.

6.4.2 Summary of Available Water Supplies Under Normal, Single Dry, and Multiple Dry Years The reliability of each of the COSMUD existing and additional planned water supplies and their projected availability during normal, single dry, and multiple dry years, as described in Chapter 7 of the 2020 UWMP, is summarized in Tables 6-5, 6-6, and 6-7, respectively.

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Table 6-5. Normal Year Water Supply, AFY
Supply Source 2025 2030 2035 2040 2045
SEWD 24,300 24,300 24,300 24,300 24,300
WID 6,500 13,000 13,000 13,000 13,000
San Joaquin River 23,400 24,800 25,000 25,000 25,000
Groundwater 23,100 23,100 23,100 23,100 23,100
Total 77,300 85,200 85,400 85,400 85,400
Source: City of Stockton 2020 UWMP, Table 7-6, June 2021.

Table 6-6. Single Dry Year Water Supply, AFY
Supply Source 2020 2025 2030 2035 2040
SEWD 6,700 6,700 6,700 6,700 6,700
WID 4,500 9,000 9,000 9,000 9,000
San Joaquin River 21,800 23,100 23,300 23,300 23,300
Groundwater 23,100 23,100 23,100 23,100 23,100
Total 56,100 61,900 62,100 62,100 62,100
Source: City of Stockton 2020 UWMP, Table 7-7, June 2021.

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Table 6-7. Multiple Dry Years Water Supply, AFY
Supply 2025 2030 2035 2040 2045
First Year
SEWD 24,300 24,300 24,300 24,300 24,300
WID 6,500 13,000 13,000 13,000 13,000
San Joaquin River 20,900 22,100 22,300 22,300 22,300
Groundwater 23,100 23,100 23,100 23,100 23,100
Supply Total 74,800 82,500 82,700 82,700 82,700
Second Year
SEWD 15,500 15,500 15,500 15,500 15,500
WID 6,500 13,000 13,000 13,000 13,000
San Joaquin River 21,700 23,000 23,200 23,200 23,200
Groundwater 23,100 23,100 23,100 23,100 23,100
Supply Total 66,800 74,600 74,800 74,800 74,800
Third Year
SEWD 6,700 6,700 6,700 6,700 6,700
WID 4,500 9,000 9,000 9,000 9,000
San Joaquin River 21,800 23,100 23,300 23,300 23,300
Groundwater 23,100 23,100 23,100 23,100 23,100
Supply Total 56,100 61,900 62,100 62,100 62,100
Fourth Year
SEWD 6,700 6,700 6,700 6,700 6,700
WID 4,500 9,000 9,000 9,000 9,000
San Joaquin River 20,700 21,900 22,100 22,100 22,100
Groundwater 23,100 23,100 23,100 23,100 23,100
Supply Total 55,000 60,700 60,900 60,900 60,900
Fifth Year
SEWD 24,300 24,300 24,300 24,300 24,300
WID 6,500 13,000 13,000 13,000 13,000
San Joaquin River 24,400 25,900 26,100 26,100 26,100
Groundwater 23,100 23,100 23,100 23,100 23,100
Supply Total 78,300 86,300 86,500 86,500 86,500
Source: City of Stockton 2020 UWMP, Table 7-9, June 2021.

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7.0 DETERMINATION OF WATER SUPPLY SUFFICIENCY BASED ON THE REQUIREMENTS OF SB 610
Water Code Section 10910 states:
10910(c)(4) If the city or county is required to comply with this part pursuant to subdivision (b), the water supply assessment for the project shall include a discussion with regard to whether the total projected water supplies, determined to be available by the city or county for the project during normal, single dry, and multiple dry water years during a 20-year projection, will meet the projected water demand associated with the proposed project, in addition to existing and planned future uses, including agricultural and manufacturing uses.

Table 7-1 summarizes the projected availability of the COSMUD existing and planned future potable water supplies compared with projected water demands in normal, single dry and multiple dry years through buildout. As stated in Section 3.4, the Proposed Project’s water demands were not included in future water demand projections presented in the 2020 UWMP, so they have been added to the water demands shown in Table 7-1.

Pursuant to Water Code Section 10910(c)(4) and based on the technical analyses described in this WSA, the total projected water supplies determined to be available for the Proposed Project during normal, single dry, and multiple dry years during a 20-year projection will meet the projected water demand associated with the Proposed Project, in addition to existing and planned future uses.

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Table 7-1. Summary of Water Demand Versus Water Supply During Various Hydrologic Conditions Hydrologic Condition
Normal, Single Dry, and Multiple Dry Years, AFY
2025 2030 2035 2040 2045
Normal Year
Available Water Supply(a) 77,300 85,200 85,400 85,400 85,400 Total Water Demand(b) 34,789 38,595 43,878 49,161 49,161 Potential Surplus (Deficit) 42,511 46,605 41,522 36,239 36,239 Percent Shortfall of Demand -- -- -- -- --
Single Dry Year
Available Water Supply(c) 56,100 61,900 62,100 62,100 62,100 Total Water Demand(b) 34,789 38,595 43,878 49,161 49,161 Potential Surplus (Deficit) 21,311 23,305 18,222 12,939 12,939 Percent Shortfall of Demand -- -- -- -- --
Multiple Dry Years
Multiple
Dry Year
1 Available Water Supply(d) 74,800 82,500 82,700 82,700 82,700 Total Water Demand(b) 34,789 38,595 43,878 49,161 49,161 Potential Surplus (Deficit) 40,011 43,905 38,822 33,539 33,539 Percent Shortfall of Demand -- -- -- -- --
Multiple
Dry Year
2 Available Water Supply(d) 66,800 74,600 74,800 74,800 74,800 Total Water Demand(b) 35,550 39,652 44,935 49,161 49,161 Potential Surplus (Deficit) 31,250 34,948 29,865 25,639 25,639 Percent Shortfall of Demand -- -- -- -- --
Multiple
Dry Year
3 Available Water Supply(d) 56,100 61,900 62,100 62,100 62,100 Total Water Demand(b) 36,311 40,708 45,991 49,161 49,161 Potential Surplus (Deficit) 19,789 21,192 16,109 12,939 12,939 Percent Shortfall of Demand -- -- -- -- --
Multiple
Dry Year
4 Available Water Supply(d) 55,000 60,700 60,900 60,900 60,900 Total Water Demand(b) 37,073 41,765 47,048 49,161 49,161 Potential Surplus (Deficit) 17,927 18,935 13,852 11,739 11,739 Percent Shortfall of Demand -- -- -- -- --
Multiple
Dry Year
5 Available Water Supply(d) 78,300 86,300 86,500 86,500 86,500 Total Water Demand(b) 37,834 42,821 48,104 49,161 49,161 Potential Surplus (Deficit) 40,466 43,479 38,396 37,339 37,339 Percent Shortfall of Demand -- -- -- -- --
(a) Refer to Table 6-5.
(b) Refer to Table 5-2; includes projected water demands for the Proposed Project. For each year shown, multiple dry year demands for years 2 through 5 reflect linear increases in demand between the five-year increments. For example, Multiple Dry Year 2 for 2025 represents the demand for 2026, Multiple Dry Year 3 represents the demand for 2027, etc. (c) Refer to Table 6-6.
(d) Refer to Table 6-7.

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8.0 VERIFICATION OF SUFFICIENT WATER SUPPLY BASED ON THE REQUIREMENTS OF SB 221
The Proposed Project, with up to 2,241 residential dwelling units, is also subject to the requirements of SB 221 (Government Code section 66473.7). SB 221 applies to projects with residential subdivisions with more than 500 dwelling units (such as the Proposed Project) and requires that the water supplier (COSMUD) provide a written verification that the water supply for the Proposed Project is sufficient.

Verification must demonstrate supply sufficiency by showing that water supplies available during normal, single dry and multiple dry years within a 20-year projection will meet the projected demand associated with the Proposed Project, in addition to existing and planned future uses, including, but not limited to, agriculture and industrial uses.

Per the requirements of SB 221, the following must be considered:
• Historical Water Deliveries
• Supply Reduction for Specific Water Use Sectors
• Urban Water Shortage Contingency Analysis Prepared for the UWMP • Amount of Water Expected from Specified Supply Projects The 2020 UWMP and this WSA for the Proposed Project provide the documentation required to comply with SB 221 and demonstrate that COSMUD’s supplies are sufficient to meet the projected demand associated with the Proposed Project, in addition to existing and planned future uses. The specific considerations to be evaluated for the SB 221 verification are described below and reference applicable sections of the 2020 UWMP and this WSA.

8.1 Historical Water Deliveries
COSMUD’s historical and current water supplies are summarized in Section 6 of this WSA and described in detail in Chapter 6 of the 2020 UWMP. The use of these supplies will continue into the future as described in Section 6 of this WSA and as shown in Table 6-3 of this WSA.

Water supply availability and reliability during normal, single dry and multiple dry years is summarized in Section 6 of this WSA and described in detail in Chapter 7 of the 2020 UWMP.

8.2 Projected Water Demand by Customer Sector
Projected potable water demands in COSMUD’s water service area are described in Section 5 of this WSA based on information provided in Chapter 4 of the 2020 UWMP updated to include the projected water demands for the Proposed Project. Projected water demand by customer sector within COSMUD’s water service area is documented in the 2020 UWMP and is summarized in Table 8-1.

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Table 8-1. Actual and Projected Water Demands by Customer Sector Water Source
2020
(actual)(a) 2025(b) 2030(b) 2035(b) 2040(b) 2045(b)
Potable Water, AFY
Single Family
Residential 15,758 15,782 16,674 19,867 23,059 23,059
Multi-Family
Residential 3,030 2,927 2,976 3,494 4,012 4,012
Commercial 4,700 4,793 4,856 5,149 5,442 5,442
Industrial 709 3,397 5,797 6,076 6,355 6,355
Landscape 3,255 3,162 3,260 3,838 4,415 4,415
Sales to Other
Agencies 1,830 1,830 1,830 1,830 1,830 1,830
Other 132 0 0 0 0 0
Losses 4,991 2,898 3,202 3,625 4,048 4,048
Potable Water Demand
Total 34,404 34,789 38,595 43,878 49,161 49,161
(a) From Table 4-2 in the City of Stockton 2020 UWMP.
(b) From Table 4-3 in the City of Stockton 2020 UWMP with projected water demands for the Proposed Project added to Single Family Residential, Landscape and Losses starting in 2030.

8.3 Water Shortage Contingency Analysis
The City’s Water Shortage Contingency Plan (WSCP), included as an appendix to the City’s 2020 UWMP, describes the City’s strategic plan in preparation for and responses to water shortages. It includes water shortage stages and associated actions that will be implemented in the event of a water supply shortage, including situations when catastrophic water supply interruptions occur due to regional power outage, earthquake, or other disasters; and when drought occurs. As part of the WSCP, the City’s legal authorities, communication protocols, compliance and enforcement, and monitoring and reporting are included.

Stockton Municipal Code (SMC) Chapter 13.28 Water Conservation and SMC Chapter 13.32 Water Shortage Emergencies supports the City’s WSCP actions.

The six Stages of Action outlined in the City’s WSCP are intended to promote the proper management and distribution of water supplies during a drought or emergency situation. Each of the six stages describes specific actions to be taken by individual water customer sectors to achieve the water conservation requirement of that particular stage. All of the stages allow for adequate water supply to protect public health and safety and satisfy the fire protection needs of the City. Each of the six stages corresponds to a specific water demand reduction goal. These potable water demand reduction goals are based on the potential supply cutbacks during times of drought, with up to and greater than a 50 percent supply reduction as mandated by the UWMP Act.

If an emergency were to occur, or if drought conditions occurred, requiring the City to implement its WSCP, all of COSMUD’s water customers, including those within the Proposed Project, would be subject to the same water conservation measures and water use restrictions as included in City’s WSCP.

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8.4 Future Water Supplies to Serve Water Demands Associated with Buildout of the Proposed Project
As described in this WSA, the following water supplies will be used to serve the projected COSMUD water demands, including the projected water demands associated with buildout of the Proposed Project:
• Surface water from the San Joaquin River that is diverted at the Intake Pump Station on Empire Tract located in the Delta and treated at the City’s DWTP, supplemented by surface water from the Mokelumne River diverted and conveyed by WID, and treated at the City’s DWTP, when the City’s San Joaquin River supplies are curtailed; • Surface water from the Mokelumne River diverted and conveyed by WID, and treated at the City’s DWTP;
• Potable water purchased from SEWD; and
• Groundwater pumped from City owned and operated wells from the underlying Eastern San Joaquin Groundwater Subbasin.

The availability and reliability of these supplies are described in Section 6 of this WSA.

8.5 Verification of Sufficient Water Supply
As described in Section 7 of this WSA, the total projected water supplies determined to be available for the Proposed Project during normal, single dry, and multiple dry years during a 20-year projection will meet the projected water demand associated with the Proposed Project, in addition to existing and planned future uses, including, but not limited to, agriculture and industrial uses.

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9.0 WATER SUPPLY ASSESSMENT APPROVAL PROCESS
Water Code Section 10910 (g)(1) Subject to paragraph (2), the governing body of each public water system shall submit the assessment to the city or county not later than 90 days from the date on which the request was received. The governing body of each public water system, or the city or county if either is required to comply with this act pursuant to subdivision (b), shall approve the assessment prepared pursuant to this section at a regular or special meeting.

Water Code Section 10911 (b) The city or county shall include the water supply assessment provided pursuant to Section 10910, and any information provided pursuant to subdivision (a), in any environmental document prepared for the project pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code.

As the approving agency for the Proposed Project, the City must adopt this WSA at a regular or special meeting. Furthermore, the City must include this WSA in the EIR that is being prepared for the Proposed Project.

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10.0 REFERENCES
City of Stockton. December 2018. Envision Stockton 2040 General Plan.

City of Stockton. July 2024. Project Description – Bear Creek South Residential Project.

Eastern San Joaquin Groundwater Basin Authority. November 2019. Eastern San Joaquin Groundwater Subbasin Groundwater Sustainability Plan.

Stockton East Water District. Fiscal Years 2012/2013 to 2018/2019. Schedule D.

West Yost. January 2021. City of Stockton Water Master Plan Update.

West Yost. June 2021. City of Stockton 2020 Urban Water Management Plan.

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Appendix G: Examination of Bear Creek South Project relative to the General Plan and General Plan EIR

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April 16, 2025
SUBJECT: Examination of Bear Creek South Project relative to the General Plan and General Plan EIR Following our Zoom discussion on March 11, 2025, we have examined the City of Stockton’s General Plan EIR for purposes of tiering and review of a “subsequent activity” implemented under the General Plan. More specifically, we have examined these documents for applicability in processing the Bear Creek South Project (hereinafter “Project”) under CEQA Guidelines Section 15183 (as well as 15152, 15162, and 15168(c)) of the CEQA Guidelines.

De Novo prepared a scoping memo in May 2024 to discuss the potential that the Bear Creek South Project may be statutorily exempt. The memo concluded that a full examination of the Project is necessary to determine the appropriate CEQA document, but that the preliminary presumption is that the Project qualifies for a statutory exemption under Section 15183 pending a full analysis. The original scoping conclusion was based on an interpretation of the statutory language set forth in Public Resources Code Section 21083.3 as further defined in Section 15183 (as well as 15152, 15162, and 15168(c)) as it relates to the Project and the General Plan and General Plan EIR. Specifically, CEQA Guidelines Section 15183 states: “CEQA mandates that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. This streamlines the review of such projects and reduces the need to prepare repetitive environmental studies.” Section 15168(c) addresses “Use with Later Activities” and indicates that “…That later analysis may tier from the program EIR as provided in Section 15152. If the agency finds that pursuant to Section 15162, no subsequent EIR would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required. Whether a later activity is within the scope of a program EIR is a factual question that the lead agency determines based on substantial evidence in the record.

Factors that an agency may consider in making that determination include, but are not limited to, consistency of the later activity with the type of allowable land use, overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure, as described in the program EIR…” The scoping process involved consultation with numerous members of City staff, outside counsel, and consultants.

Our analysis documented that the Initial Study would be required to validate a decision confirming the appropriate CEQA document for the Project. This memo is intended to provide a more formal examination of the City of Stockton’s General Plan EIR for purposes of tiering of a “subsequent activity” under the General Plan, and application of the Section 15183 (as well as 15152, 15162, and 15168(c)) to the Project. This analysis is intended to provide substantial evidence to support a decision that the Project does in fact meet the requirement for a Public Resources Code Section 21083.3 and CEQA Guidelines 15183 statutory exemption.

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SUMMARY OF FACTS AND SUBSTANTIAL EVIDENCE
The following outlines a set of facts that, when combined with the information provided in the Initial Study, is intended to provide substantial evidence that the Project meets the requirements of the statutory exemption defined under Section 15183 of the CEQA Guidelines.
1) Residential Land Use (Existing): The applicant proposes to develop uses that are consistent with the uses allowed under the current General Plan land use designation for the Project site (See Attachment A). It is noteworthy that the land use designation in the current Stockton General Plan for the Project site is the same land use designation that the City applied to the Project site in previous Stockton General Plans (including, but not limited to, the Stockton General Plan 2035 [City of Stockton, 2007]). This means that there were no land use modifications to the Project site under the most recent Stockton General Plan Update (Envision Stockton 2040 General Plan [City of Stockton, 2018]), and there have been no recent amendments to the land use for the Project site prior to the most recent General Plan Update. In addition, it is also noteworthy that the County has designated the Project site for residential land uses in its General Plan (San Joaquin County General Plan Policy Document [San Joaquin County, 2016]), which is consistent with the City’s anticipated residential use of the Project site. The residential land uses in these General Plans reflect the expectation from both the City and County that the Project site would be developed with residential housing. There is nothing peculiar about the land use designation, and there is no request to modify or amend the land use designation. The above facts meet the statutory requirements set forth in Public Resources Code section 21083.3 and further implemented in CEQA Guidelines Section 15183. 2) Densities (Existing): The Project is consistent with the General Plan land use densities. Specifically, the Low Density Residential (LDR) designation allows for single-family residential units, duplexes, triplexes, semi-detached patio homes, town homes, public and quasi-public uses, second units, and other similar and compatible uses. The maximum density allowed by the LDR designation is 6.1 units per acre (based on gross acreage) and 8.7 units per acre (based on net acreage). The proposed Project residential density would be approximately 4.45 units per acre (2,241 units proposed on the 503.89-acre Development Area).

The Project is consistent with the allowed uses and density for the existing LDR designation. There is nothing peculiar about the Project as it relates to densities. The above facts meet the statutory requirements set forth in Public Resources Code section 21083.3 and further implemented in CEQA Guidelines Section 15183.
3) General Plan Baseline Report - Major Development Project Map (2016): The Stockton General Plan includes a Baseline Conditions Report dated August 2015. Page 22 of the document includes a map entitled “Major Development Projects” that identifies two categories of projects, Applications Approved, and Applications Active (Attachment B). This map depicts the Project site as “Bear Creek South – 510 acres 2941 HU.” This means that the Project was established as a Baseline Condition for the General Plan at the beginning of the General Plan process in 2015. The City did not change the baseline condition, instead they adopted the General Plan Update with the same land uses that existed in the Baseline Condition.

There is nothing peculiar about the Project as it relates to the Baseline Conditions at the beginning of the General Plan Update process. The above facts meet the requirements outlined in Section 15183. 4) General Plan Technical Memorandum Report - Major Development Project Map (2017): The Stockton General Plan included a Technical Memorandum prepared for Land Use in 2017 about a year before the General Plan was approved. On page 13 of the document a map entitled “Existing General Plan Land Use”

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is provided (see Attachment C). The map is consistent with the General Plan Baseline Report published in 2015, as well as the adopted General Plan Land Use Map adopted in 2018. The map depicts the Project site with the residential land use consistent with what is currently proposed. In addition, in the same Technical Memorandum on page 31 a map entitled “Major Development Projects” shows the Project site as “Bear Creek South” (see Attachment D). Here again, the City has reiterated what was established as a Baseline Condition for the Project site. The City established residential uses as baseline condition for the Project site, and reiterated that land use in a Technical Memorandum for the General Plan during the General Plan Update process. These maps establish an expectation that the Project site is part of the development assumption for the General Plan even before the General Plan was adopted in 2018, which is later reflected in the General Plan that was adopted. There is nothing peculiar about the Project as it relates to the anticipated land use and development assumptions for the Project site throughout the General Plan Update process leading into the adoption of the General Plan, and the certification of the EIR. The above facts meet the statutory requirements outlined in Sections 21083.3/ 15183. 5) General Plan EIR Study Area: The Stockton General Plan EIR (See General Plan Draft EIR, pp. 3-4) states “this EIR focuses on the analysis of potential changes within the SOI (i.e., the “EIR Study Area”).” The General Plan EIR provides Figure 3-1, Regional Location (See General Plan Draft EIR, pp. 3-3), which depicts the Project site within the boundary of the SOI, which is defined as EIR Study Area. This means that the physical location of the Project site is within the physical and spatial limits of the area that was studied in the General Plan EIR. There is nothing peculiar about the physical and spatial limits of the Project site, it is clearly depicted as being within the boundary of the General Plan EIR Study Area. The above facts meet the statutory requirements outlined in Sections 21083.3/ 15183. 6) General Plan Development Projection: The Stockton General Plan EIR (the EIR) provides the Development Projections that are used in the EIR (See General Plan Draft EIR, pp. 3-20). The EIR explains that it uses a “horizon-year projection,” which is based on an estimate of the amount of development that would occur by 2040. The EIR also uses a Buildout Projection which represents full buildout of the General Plan, but with a date uncertain. Each projection is described below:

The horizon-year projection includes the following (See General Plan Draft EIR, pp. 3-20):
• 40,900 new dwelling units, including:
o 26,300 new single-family units
o 14,600 new multi-family units
• 132,200 new residents
• 13.8 million square feet of new commercial and office space • 35.6 million square feet of new industrial space
The full buildout projection includes the following (See General Plan Draft EIR, pp. 3-22):
• 119,700 new dwelling units, including:
o 43,800 new single-family units
o 75,900 new multi-family units
• 386,700 new residents
• 50.9 million square feet of new commercial and office space • 242.4 million square feet of new industrial space

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The EIR indicates that there are almost 7,000 acres of vacant within the SOI (i.e. the EIR Study Area) (See General Plan Draft EIR, pp.3-22), which specifically includes the 530.18-acre Project site. The EIR indicates that a land use demand forecast (prepared as part of a Market Analysis that supports the projections for the General Plan) for Stockton in 2040 results in between 19,800 and 41,000 new housing units, including between 13,800 and 28,700 new single-family units and between 5,900 and 12,300 new multi-family units (See General Plan Draft EIR, pp. 3-24). These projections are based in part on the land use inventory from the General Plan land use map, in addition to market and economic factors that drive growth. The Project site provides approximately 5% of the total housing demand through the Horizon-Year Projection, and approximately 1.8% of the total housing demand through the Full Buildout Projection. There is nothing peculiar about the Project as it relates to house capacity/demand provided in the Horizon-Year Projection, Full Buildout Projection, or the Market Study Projections. The above facts meet the requirements outlined in Section 15183.
7) Actual Development vs Projections: As shown in the bullet above, the Stockton General Plan EIR assumes 40,900 new residential units to be constructed through the Horizon Year of 2040. This represents an estimated 1,859 units that should be constructed each year for a total of 9,295 units constructed during the first five-year period. However, a review of building permits in the first five-year period (2019-2023) shows that an average of 661 units has been constructed each year for a total of 3,305 units (see table below).
2019 2020 2021 2022 2023
Total Units 464 736 855 759 491
Single Family 302 518 548 451 491
Multifamily 162 218 307 308 0
This actual development rate represents an overestimate in the General Plan EIR of 5,990 units during the first five-year period for the EIR analysis. Using the actual build rate during the first five-year period extrapolated out to the 2040 horizon year, there is an estimated 14,542 residential units that would be constructed, whereas the EIR analysis assumed 40,900 units would be constructed. This represents an overestimate in the environmental analysis of approximately 181%. The number of units within the Project are assumed within the Development Projection presented in Bullet 6, and are well within the actual development that can be anticipated through 2040 based on the build rate through the first five years of the General Plan. Additionally, as described in the environmental checklist completed for the Project, all impacts related to utilities and service systems would be less than significant.

There is nothing peculiar about the Project as it relates to development projections from the General Plan EIR, or revised development projections estimated with actual build rates for housing in the first five years.

The above facts meet the requirements outlined in Section 15183. 8) General Plan EIR Evaluation: The EIR states “All of the analyses in this EIR are based on a consistent interpretation of the proposed General Plan land use map and policies, and the type and amount of growth that the General Plan would allow…” (See General Plan Draft EIR, pp. 3-28). There are two different types of data inputs in the EIR; some require spatial inputs only and some require both quantitative and spatial inputs. Each are discussed below:

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• Analyses in the General Plan EIR that are based on spatial location include aesthetics, agriculture, exposure to localized air pollution and noise, biological resources, cultural resources, geology, hazards and safety, hydrology and water quality, and land use (See General Plan Draft EIR, pp. 3- 28). For these analyses, the question is not how much development the General Plan would allow, but where that development could potentially be located. Therefore, all potential development allowed by the land use map was evaluated in the General Plan EIR to assess impacts in these topics (i.e., full buildout of the proposed General Plan). This means that the Project site, which falls within the EIR Study Area, is within the geographical/spatial location for the General Plan analysis for each of these topics. A site-specific supplemental analysis has been performed and documented in the Initial Study for the Project to determine if there are any sitespecific conditions that are peculiar and not consistent with the analysis in the General Plan EIR.

As described in the environmental checklist completed for the Project, all impacts related to utilities and service systems would be less than significant. The Initial Study confirms that there are no peculiar conditions present on the Project site. • Analyses in the General Plan EIR that require a quantitative estimate of growth include topics such as traffic generation, air pollution emissions, greenhouse gas emissions, etc. Impacts in these areas are generated by an increase in the number of people living and working in Stockton, which generates consequent increases in traffic, noise, emissions, and use of services. Therefore, a reliable analysis depends on a reasonable, quantitative estimate of new population and employment. For these analyses, the horizon-year projection (i.e., the projected amount of development that could occur under the proposed General Plan through its horizon year of 2040) was considered “reasonably foreseeable” and was used in the analysis. The development projections from Bullet 6 above (i.e. 40,900) were used. It can be confirmed that in Appendix B from the General Plan EIR, the model inputs are consistent with the development projections (see page 682 of the Draft EIR). For air quality modeling, for example, as stated on page 6 of Appendix B from the General Plan EIR, and as also described in Table 4.3-7 of the General Plan EIR:
o Transportation emissions were modeled based on on-road VMT provided by Fehr & Peers and modeled using EMFAC2014-PL. EMFAC2014-PL provided the future year emissions rates, based on location and year;
o Energy emissions were based on energy use data provided by the PG&E. Emissions forecasts were estimated based on changes in population (residential energy), employment (nonresidential energy). These emissions were based on a three‐year average (2014‐2016) of energy data as provided by PG&E. o Area source (Landscaping, Lighting, and Commercial Equipment) emissions were estimated using the OFFROAD2007 model to calculate emission rates for commercial equipment. Emissions forecasts were estimated based on population (Landscaping) and employment (Light Commercial Equipment) for the City of Stockton as a percentage of San Joaquin County.
o Area source (Consumer Product) emissions were estimated using CalEEMod, following a methodology utilized to calculate VOC emissions from use of household consumer

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cleaning products. Emissions forecasts account for the correct number of residential units in the SOI by 2040 (40,900 new units) (see page 187 of the Appendix). o Other (Construction and Agricultural Equipment) emissions were estimated utilized the OFFROAD2007 model to agricultural equipment rates for construction and agricultural equipment. Agricultural equipment emissions are based on the proportion of farmland within the City of Stockton compared to San Joaquin County; emissions forecasts for agricultural equipment are based on the decrease in agricultural land, based on forecasted rate of change for the County of San Joaquin for years from 2000 to 2014).

Construction emissions estimated based on housing permit data for San Joaquin County and City of Stockton from the US Census.

This is also consistent with the GP EIR’s description of what was analyzed quantitatively in the EIR, which is defined as all land within the SOI (i.e. the EIR Study Area). The Bear Creek South project is within the SOI and it represents approximately 5% of the total units anticipated to be built in the Horizon Project Year 2040. Additionally, as further confirmation that the Bear Creek South project was modeled within the General Plan EIR, City staff confirmed with Placeworks (i.e. the consultants who developed the GP EIR) that these model inputs were carried out through all the modeling (per. Communication Nicole Moore March 14, 2025). In addition, it was confirmed with Fehr and Peers (per. Communication Ian Barns March 17, 2025) that the VMT modeling assumed “+40,000 household was in fact used to populate VMT metrics in the model.” While much of the General Plan EIR focuses on more detailed LOS analysis by roadway, the VMT analysis is focused on total VMT in the aggregate based on a service population and average trip length. The service population is calculated based on the assumed development projection of over 40,000 new households within the Horizon Year. However, as shown in Bullet 7 above, this represents an overestimate in the environmental analysis of approximately 181%. Nevertheless, the number of units within the Project are assumed within the Development Projection presented in Bullet 6, and are well within the actual development that can be anticipated through 2040 based on the build rate through the first five years of the General Plan. There is nothing peculiar about the Project as it relates to development projections from the General Plan EIR that were used for the original modeling, and those projections are proving to be a very large overestimate of development. The Initial Study confirms that there are no peculiar conditions present on the Project site.

The above facts meet the requirements outlined in Section 15183. 9) Applicability Statutes Regarding Subsequent Analysis: Section 15162 addresses scenarios where subsequent analysis would be warranted for the approval of subsequent projects consistent with the General Plan evaluated in the prior the General Plan EIR. This includes scenarios where there are “Substantial changes” proposed, or that have occurred, that warrant revisions to the previous environmental document (Section 15162(a)(1-2). Another scenario where subsequent analysis would be warranted includes “New Information” that has become available that shows a new or more severe significant environmental effect, or new mitigation or alternatives have become feasible that would significantly reduce an environmental effect (Section 15162(a)(3). The Project does not trigger the criteria for subsequent environmental review under Section 15162 t. The Project does not propose changes to the General Plan, and there are no relevant mitigation or alternatives that require subsequent analysis. There is nothing peculiar about the Project as it relates to CEQA’s requirements triggering subsequent environmental review. The above facts meet the requirements outlined in Section 15183.

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10) Applicability of Statutes Regarding Use with Later Activities: Section 15168(c) provides that “If the agency finds that pursuant to Section 15162, no subsequent EIR would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required.” The Project does not propose changes to the General Plan, and there are no relevant mitigation or alternatives that require subsequent analysis under Section 15162, as discussed above. Section 15168(c) states “Whether a later activity is within the scope of a program EIR is a factual question that the lead agency determines based on substantial evidence in the record. Factors that an agency may consider in making that determination include, but are not limited to, consistency of the later activity with the type of allowable land use, overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure, as described in the program EIR.” As has been discussed earlier in this memo, the Project is consistent with: 1) the allowable land use, 2) overall planned density and building intensity, 3) the geographic area analyzed in the General Plan EIR, and 4) covered infrastructure as described in the General Plan EIR. The Project is also within the Development Projections included in the EIR, and only represents 5% of the Horizon-year Projection and

1.8% of the Full Buildout Projection. There is nothing peculiar about the Project as it relates to the “Use with Later Activities” CEQA provisions. The above facts meet the requirements outlined in Section 15183. 11) Uniformly Applied Development Policies or Standards: Section 15168(c) requires that the “agency shall incorporate feasible mitigation measures and alternatives developed in the program EIR into later activities in the program.” The City has adopted General Plan policies, and various design and engineering standards that function as “uniformly applied development policies or standards.” All projects in Stockton, including the Project, are conditioned to comply with these existing uniformly applied development policies or standards, which collectively are designed to minimize and/or avoid environmental impacts.

The Project will also comply with these existing policies and standards. There is nothing peculiar about the Project as it relates to existing policies and standards. The above facts meet the requirements outlined in Section 15183.
12) Existing Conditions: The existing Project site conditions consist of predominantly agricultural uses and related facilities such as associated agricultural equipment and irrigation ditches. There are six dirt/gravel roadways that bisect the Project site, including three dirt roadways extending south to north from Morada Lane, and three other dirt roadways trending west to east, including one along the base of the Bear Creek levee. The irrigation canals are operated by the Woodbridge Irrigation District (WID) and run along the northeast and central portions of the Project site. Outside of the Project site to the east is the Union Pacific Railroad right-of-way, which is a rail line that has existed for over 100 years and bisects the City of Stockton. The existing conditions are not peculiar to the area; instead, they represent typical agricultural crops/orchards with irrigation ditches, and have no natural wetlands or other sensitive habitats. As such, there is nothing peculiar about the Project as it relates to the existing conditions. The above facts meet the requirements outlined in Section 15183.
13) Adopted SOI: San Joaquin County LAFCo has adopted a Sphere of Influence Map for the City of Stockton, which reflects a revision date of February 22, 2022 by Placerworks, the author of the GP EIR. The document is labeled as Figure 7-10 and is titled “10-year Planning Horizon Annexation Areas.” The map labels two categories of land within the SOI. Areas in yellow are within the SOI, but not within the 10-year planning horizon, and areas with orange are within the SOI, and within the 10-year planning horizon. The Project is labeled with the orange, depicting that is within the 10-year planning horizon. This reflects the fact that the Project is anticipated to be annexed and developed in the reasonably foreseeable future (i.e.

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10-year horizon). When you combine this fact, with the fact that GP EIR (Page 3-4) states “this EIR focuses on the analysis of potential changes within the SOI (i.e., the “EIR Study Area”),” and the fact that the GP EIR provides Figure 3-1 depicting the Project site within EIR Study Area, it can be concluded that the Project is in fact included in both spatial and quantitative analysis in the GP EIR. There is nothing peculiar about the Project as it relates to City’s adopted SOI and the expectation that the Project will be developed within the 10-year horizon. The above facts meet CEQA’s requirements outlined in Section 15183. 14) Adopted MSR: San Joaquin County LAFCo has adopted a Municipal Service Review for the City of Stockton, which reflects a date of April 23, 2020 by Placerworks, the author of the GP EIR. The document is consistent with the information reflected in the City’s SOI, which shows the Project site as being within the “10-year Planning Horizon Annexation Areas.” This again reflects the fact that the Project is anticipated to be annexed and developed in the reasonably foreseeable future. There is nothing peculiar about the Project as it relates to City’s adopted MSR and the expectation that the Project will be developed within the 10-year horizon. The above facts meet the requirements outlined in Section 15183.

In conclusion, a full examination of the Project in the Initial Study, combined with the examination of the Project within the context of the General Plan supporting documents, the adopted General Plan, the certified General Plan EIR, adopted Sphere of Influence, and adopted Municipal Service Review as summarized herein, confirms our opinion that the Project qualifies for a statutory exemption under Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183. If you have any questions, please feel free to contact me.

Sincerely,

DE NOVO PLANNING GROUP
Steve McMurtry, Principal
Attachments
A - General Plan Land Use Map (2018)
Attachment B – General Plan Baseline Report – Major Development Projects (2015) B - General Plan Baseline Conditions Report – Major Development Projects (2015) C – General Plan Existing Conditions Technical Memorandum Existing General Plan Land Use Map (2016) D – General Plan Existing Conditions Technical Memorandum Major Development Projects (2016)

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Attachment A – General Plan Land Use Map (2018)

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Attachment B – General Plan Baseline Report – Major Development Projects (2015)

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Attachment C – Existing Conditions Technical Memorandum Existing General Plan Land Use Map (2016)

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Attachment D – Existing Conditions Technical Memorandum Major Development Projects (2016)

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June 11, 2026
Stephanie Ocasio
Director of Community Development
Department of Community Development
City of Stockton
425 N. El Dorado St.

Stockton, CA 95202
Re: Bear Creek South (APNS 120-020-270; -110; -120; -260; -300; -310; -320; 120-030-100; -060; -070; -090; 122-010-004 (PORTION OF); -005; 124-010- 001; -003 and -007) (P23-0137)
Dear Stephanie:

Buchalter, LLP, (“Buchalter”) represents TriPointe Homes, Inc. (“TriPointe Homes”), one of the three developers and landowners (collectively, the “Developers”) who have applied to the City of Stockton for entitlements to develop a portion of the Bear Creek South residential development project (the “Project”) located on an approximately 503.18-acre site in unincorporated San Joaquin County (the “Property”). The Property is located adjacent to the city limits of the City of Stockton (the “City”) and within the City’s sphere of influence. The Project consists of the development of 2,241 single-family homes, five parks, a lineal open space area, and associated public infrastructure consistent with the City’s General Plan designation of the Property for low- density residential development for decades.

We understand that the Planning Department completed its environmental review of the Project in accordance with the California Environmental Quality Act (“CEQA”) by relying on the City of Stockton’s Envision 2040 General Plan Update (“Stockton General Plan Update”) Environmental Impact Report (SCH#2017052062) (the “General Plan Update EIR”) as the foundation for its further environmental review of the Project. The Planning Department determined that the Project qualifies for the statutory exemption under Public Resources Code section 21083.3 and CEQA Guidelines section 15183 based on the analysis performed by De Novo Planning Group entitled “15183 Consistency Checklist for the Bear Creek South Project,” dated March 2026, and incorporated herein by reference (“Section 15183 Analysis”).

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On April 9, 2026, the City of Stockton Planning Commission held a public hearing on the Project and at the conclusion of that hearing voted to adopt: a resolution recommending that the City Council approve the Developers’ request to prezone the Project site to a mix of Residential, Low (RL), Public Facilities (PF), and Open Space (OS) zoning; a Resolution recommending that the City Council adopt an ordinance for a development agreement for the Project; and approving the Klein, Tri-Point and Arnaiz tentative maps for the Project. The day before the April 9th Planning Commission hearing, The Circle Law Group submitted a new comment letter on behalf of the Lisjan Nation commenting on the City’s Section 15183 Analysis of the Project’s impacts on Tribal Cultural Resources. Subsequently, on April 20, 2026, City resident, Mary Elizabeth, submitted an appeal of the Planning Commission Decision regarding the Commission’s actions concerning Agenda Item 5.1-25-1167 to the City Council (the “Appeal”). Mary Elizabeth raised concerns about the Project’s compliance with the Stockton General Plan Update and requested a workshop to discuss mitigation measures that were not included in the programmatic General Plan Update. Ms. Elizabeth also asked about the discrepancy in the date of the Section 15183 Report.

The purpose of this letter is to address the comments raised in The Circle Law Group Letter and the appeal filed by Ms. Elizabeth and to explain the Developers’ approach to avoiding potential environmental impacts in accordance with the City’s requirements as further explained and documented in the Section 15183 Analysis.

Responses to Comments from The Circle Law Group
The Circle Law Group submitted a letter to the Planning Commission dated April 8, 2026, on behalf of the Confederated Village of the Lisjan Nation (“Lisjan”), commenting that the City failed to acknowledge the concerns that the Lisjan previously raised (“April 8th Letter”).

The Lisjan Nation representatives state that the City is obligated to continue consultation with the Tribe. The Tribe reiterated its prior request that it be granted access to the Property to conduct a site visit and perform an observational survey to ensure all Tribal Cultural Resources are adequately identified and proper avoidance and mitigation measures are included in the Project.

The Circle Law Group’s April 8th letter raises the same comments that the Tribe raised in its March 18, 2026, letter which we addressed our March 20, 2026 letter incorporated herein by reference (“March 20th Letter”). As we noted in our March 20th Letter, all of the concerns that The Circle Law Group’s March 18th Letter raised were addressed by the Project Requirements 6, 7, and 8 and the Peak & Associates Cultural Resources Assessment Report (“Cultural Resources Report”) which evaluated the potential for the Project to impact Tribal Cultural Resources and considered the effectiveness of Project Requirements 6, 7 and 8 in avoiding significant impacts.

The findings of the Peak & Associates Cultural Resources Assessment Report were summarized in the Cultural Resources and Tribal Cultural Resources sections in the Section 15183 Analysis Attachment F
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and confirmed that the Project would not result in significant impacts on Tribal Cultural Resources based on the Peak & Associates Cultural Assessment Report. As part of the overall CEQA evaluation and preparation of the Section 15183 Analysis, we understand that the City staff, the CEQA consultant and Project archaeologist and representatives for the Developers coordinated extensively with Peak & Associates to confirm that the Project Requirements complied with the City’s self-mitigating General Plan Update policies and associated EIR mitigation measures.

The Developers reiterated in the informal Tribal Consultation in which they participated with the Lisjan Nation representatives and City Staff in February 2026 that they agreed to implement Project Requirements 6 and 7 to assure that the Project construction would avoid disturbance of Tribal Cultural Resources. The Section 15183 Analysis evaluated the effectiveness of the Project design and Project Requirements and concluded that the Project would not result in any greater environmental impacts than those evaluated for the General Plan Update based on the implementation of General Plan policies designed to avoid such impacts. In fact, Project Requirements 6 – 8 were based on measures that the City developed in consultation with the Northern Yokut Tribe at the time the General Plan Update was underway as the Northern Yokut historically have been the Tribe designated as the Most Likely Descendant for the region. This information was documented in the Section 15183 Analysis. Just as stated in the Section 15183 Analysis and our prior correspondence, the Developers committed to implementing Project Requirements 6 and 7 with respect to the treatment of Tribal Cultural Resources, as specifically revised at the request of the Northern Yokut and the Lisjan. The Circle Law Group has not provided any evidence that the Developers’ implementation of the standard avoidance measures and Project Requirements 6, 7 and 8 will not avoid impacts to such resources if they exist on the Property.

Specifically, the Developers agreed to conduct subsurface testing of the Property using non-invasive testing methods at the request of the Lisjan Nation as further clarified in Project Requirements 6 and 7, and the Developers agreed to engage a Tribal representative and qualified archaeologist during the testing, prior to construction activities. The Developers also agreed to conduct construction worker training prior to construction regarding appropriate avoidance and minimization measures, requirements for confidentiality and treatment in compliance with applicable State laws and regulations. Further, the Project is designed to include Project Requirement 7 consistent with State requirements to cease construction if human remains are encountered. The Developers have committed to implement these measures which are designed to assure that the Project will not cause any significant impacts to Tribal Cultural Resources consistent with the General Plan Update and EIR.

Please note that after the enclosed revised Project Requirement 6 was updated to address the Northern Yokut’s request on March 16, 2026, that the reference to “Tribal Representative” be replaced with the Northern Valley Yokut representative because the Project is within their Attachment F
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ancestral tribal land, the Developers agreed in response to the new comments from The Circle Law Group in the April 8th letter to revert to the prior version of Project Requirement 6 that allows monitoring by a Tribal Monitor or Monitors that are knowledgeable about local recorded resources near the Project site (see attached revised Project Requirement 6). The Developers agreed to revert back to the prior language for Project Requirement 6 in response to the Lisjan Nation’s concerns.

Following the Planning Commission meeting, the Developers retained Tremaine Associates, Cultural Resources Consulting, to conduct an independent third party peer review.

On June 10, 2026. Ms. Kim Tremaine, M.A., RPA prepared the enclosed, “Peer Review — Cultural Resource Assessment Summary and Project Requirements for the Bear Creek South Residential Project, San Joaquin County, California (Peak & Associates, Inc., September 2024, revised February 2025). The Tremaine third party peer review analysis is referred to as the “Tremaine Memorandum”. Based on their independent third party review, the Tremaine Memorandum determined that the Tribal Cultural Resources measures incorporated into the Project as Project Requirements 6, 7, and 8 are technically adequate and professionally sound.

Project Requirement 6 will directly address the most significant archaeological concern raised by the site’s resource history and soils conditions.

The Tremaine Memorandum also recommended three enhancements to the Project Requirements that consist of documenting specific measures to implement the Project Requirements through a treatment plan and protocol in further support of the Project Requirements included in the Project. These enhancements which are described on pages 5 and 6 of the attached Tremaine Memorandum further assure that the sound program will avoid impacts to Tribal Cultural Resources, strengthen the technical record, and provide a welldocumented pre-construction framework in support of the City’s CEQA determination. The Developers have voluntarily agreed to implement the Tremaine Memorandum recommendations as part of the Project in conjunction with the Project Requirements to further ensure that the Project does not result in significant impacts to Tribal Cultural Resources.

For these reasons, the Developers believe that they have complied with the City’s and State’s requirements for the proper treatment of Tribal Cultural Resource and engaged in reasonable good faith negotiations with the Lisjan Nation and the Northern Yokuts. While we understand that interested parties may at times request access to the property for any given reason, the Developers are not in a position to grant access at this time until recommended subsurface testing is conducted prior to actual construction activities start. The Developers have followed all required steps, including hiring a Cultural Resources expert, to prepare a report that provided them guidance in 2022 as to implementation of measures to avoid impacts to cultural resources. The Developers have agreed to allow Tribal monitor(s) and archaeologists to be present under Project Requirements 6 after the Project is approved, is annexed into the City of Stockton and a protocol is in place for the management of future grading and construction Attachment F
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activities on the Property consistent with standard construction protocols and measures to maintain the site in a safe and secure condition. Following these approvals, the Developers will conduct subsurface testing of the Property as described in Project Requirements 6 and 7, and the Developers agree to engage a Tribal representative and qualified archaeologist during the testing, prior to construction activities.

Responses to Appeal from Ms. Elizabeth
Ms. Elizabeth’s Appeal raises the following concerns about the Project and the Section 15183 Analysis:
(i) it contradicts several General Plan policies discouraging urban sprawl and lacks evidence of consistency with the General Plan;
(ii) the Section 15183 Analysis dated February 2026 wrongfully included a 4.9-acre storm basin in the 27.7-acre parkland;
(iii) the Section 15183 Analysis did not include mitigation measures to address mosquitos;
(iv) the City has not explained how it will monitor required mitigation under the SJC Habitat Conservation Plan, and
(v) the Section 15183 Analysis does not address mitigation for the conversion of agricultural land.

Ms. Elizabeth attached a letter from the Sierra Club requesting that the City require 10% of the housing units to be low-income and all homes should include EV-ready outlets.

Contrary to Ms. Elizabeth’s unsubstantiated claims, the Project aligns with the Stockton General Plan Update and the Stockton General Plan Update EIR adequately addresses environmental concerns required under CEQA. For the reasons set forth in the City’s Section 15183 Analysis and summarized below, the City may properly rely on the prior General Plan Update EIR and the Section 15183 statutory exemption under CEQA.

The Project furthers goals and policies included in the Stockton General Plan Update

Ms. Elizabeth contends that the following statement included in the Project’s proposed development agreement is not substantiated with evidence:

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“Here, the proposed Project is consistent with the adopted Envision Stockton 2040 General Plan and its certified EIR (SCH# 2017052062), with City Council action taken on December 4, 2018. The Project is also consistent with the [applicable] general plan designation, density and all applicable general plan policies.” Specifically, Ms. Elizabeth cites the following General Plan policies as “[discouraging] outfill” and therefore inconsistent with the Project:
• Policy LU-5.3: Define discrete and clear city edges that preserve agriculture, open space, and scenic views.
• Policy LU-6.2: Prioritize development and redevelopment of vacant, underutilized, and blighted infill areas.
• Policy LU-6.4: Ensure that land use decisions balance travel origins and destinations in as close proximity as possible, and reduce vehicle miles traveled (VMT). • Policy TR-3.2: Require new development and transportation projects to reduce travel demand and greenhouse gas emissions, support electric vehicle charging, and accommodate multi-passenger autonomous vehicle travel as much as feasible.

Ms. Elizabeth does not further articulate or elaborate on the alleged inconsistency. The Project is located within the City’s Sphere of Influence (SOI) and the City’s Urban Services Boundary. The Stockton General Plan has designated the Property for residential uses for decades as further discussed on pages 6-7 and 124-235 in the Section 15183 Analysis. Aside from the fact that the Project is not a redevelopment project, Ms. Elizabeth provides no evidence for her assertion that the Project is inconsistent with the cited General Plan policies. To further support the analysis of the Project’s consistency with the Stockton General Plan, DeNovo Planning Group prepared a 10-page memorandum entitled, “Examination of Bear Creek South Project relative to the General Plan and General Plan EIR,” attached as Appendix G to the Section 15183 Analysis (“Consistency Analysis”). The Consistency Analysis explains how the Project was included in the General Plan and General Plan EIR assumptions regarding development potential and buildout of the General Plan and how the General Plan policies apply to the Project. As the April 9, 2026 Planning Commission Staff Report (File #: 25-1167) discusses and as further analyzed and documented in the Section 15183 Analysis, the Project will further multiple goals and policies of the General Plan.

Regarding the specific policies raised by Ms. Elizabeth, the Project addresses these concerns as follows:

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• Policy LU-5.3: Define discrete and clear city edges that preserve agriculture, open space, and scenic views. The Project is included within the City’s SOI and is proposed for residential development consistent with the City’s General Plan residential designation for the Project site. The Section 15183 Analysis explains on pages 45- 48 how the Project’s effects on the conversion of agricultural land were previously addressed in the General Plan and General Plan EIR. • Policy LU-6.2: Prioritize development and redevelopment of vacant, underutilized, and blighted infill areas. The Section 15183 Analysis explained how the Project site was already planned for residential development consistent with the General Plan. • Policy LU-6.4: Ensure that land use decisions balance travel origins and destinations in as close proximity as possible, and reduce vehicle miles traveled (VMT). The Section 15183 Analysis evaluated Project-related VMT impacts on pages 147 and 148 based on the traffic analysis contained in Appendix E to the Section 15183 Analysis. As the traffic analysis demonstrates, the land use decision for this Project reflects the General Plan land use designation for the Project site. • Policy TR-3.2: Require new development and transportation projects to reduce travel demand and greenhouse gas emissions, support electric vehicle charging, and accommodate multi-passenger autonomous vehicle travel as much as feasible. The Section 15183 Analysis evaluated Project-related transportation impacts on pages 141 through 148 based on the traffic analysis contained in Appendix E. As Appendix E demonstrates, the Project incorporates alternative forms of transportation to reduce vehicle travel consistent with applicable General Plan transportation policies.

For example, conduit to the EV panel will be installed, and the panel will be sized to be retrofitted with power for EV charging so that homebuyers have that option. The community will not be gated so autonomous vehicles or others can access the subdivision using future public streets.

Furthermore, state law does not require perfect conformity between a proposed project and the applicable general plan. (Bankers Hill 150 v. City of San Diego (2022) 74 Cal.App.5th 755, 776.) As the Fifth District Court of Appeals noted, “General and specific plans attempt to balance a range of competing interests. It follows that it is nearly, if not absolutely, impossible for a project to be in perfect conformity with each and every policy set forth in the applicable plan.... It is enough that the proposed project will be compatible with the objectives, policies, general land uses and programs specified in the applicable plan.” (Id.)
Attachment F
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The City’s analysis of the Project’s consistency with the applicable General Plan policies is based on substantial evidence. Accordingly, Ms. Elizabeth failed to provide substantial evidence that the Project is inconsistent with General Plan policies. We respectfully request that the City Council reject Ms. Elizabeth’s appeal on this basis because the Project is consistent with the applicable General Plan policies, and would not result in any new significant or substantially greater environmental impacts when compared to the General Plan EIR.

The 4.9-acre Storm Basin is not identified as a Park in the CEQA Checklist Ms. Elizabeth cites a portion of the Project’s Section 15183 Analysis which states that, “the proposed Project includes three Vesting Tentative Subdivision Maps for the Development Area. The tentative maps would result in the subdivision of 503.89 acres into 2,241 single-family residential units, five parks, and a storm basin facility. Total parkland is 27.7 acres” and contends that “the storm basin (4.9 acres) may be considered open space but should not be included in park acreage to comply with the General Plan.” Ms. Elizabeth further asserts, “[evidence] that the proposed project compliance with these General Plan standards is not provided” and cites the relevant General Plan standard as the following:

The General Plan calls for the following: Park and community center standards provide a means to ensure that parks and recreation facilities are provided as the city develops. The City maintains the following park and community center standards:
■ Neighborhood Parks: 2 net acres per 1,000 residents
■ Community Parks: 3 net acres per 1,000 residents
■ Regional Parks: 3 net acres per 1,000 residents
■ City-Owned Community Centers: 1 center per 50,000 population Ms. Elizabeth conflates the “Parks” and “Open Space Areas” land use designations. The Section 15183 Analysis distinguishes the two, stating that the Project includes approximately

27.7 acres of parks and 27.2 acres of Open Space Areas. (Section 15183 Analysis, p. 299 of the April 9th Planning Commission Staff Report.) The 4.9-acre storm basin is neither identified nor proposed as parkland. Accordingly, this assertion lacks any factual basis and does not require further consideration.

Alleged mosquito impacts lack specificity
Ms. Elizabeth contends that mitigation measures to avoid mosquitoes and potential mosquito-borne disease are unknown. This claim is not supported by any evidence. Mitigation measures are not required for effects which are not found to be significant. (CEQA Guidelines, § Attachment F
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15126.4(a)(3).) An EIR need not analyze every imaginable alternative or mitigation measure; its concern is with feasible means of reducing environmental effects. (Santa Clarita Organization for Planning the Environment v. City of Santa Clarita (2011) 197 Cal.App.4th 1042, 1055.) The project opponents thus bear the burden of proving that the EIR is legally inadequate. (Id. at 1050.)
The Project incorporates approved engineered treatment facilities (bioretention facilities or COSMUD-approved equivalent) for water quality treatment that reduces pollutants in postdevelopment runoff consistent with the City of Stockton NPDES SWMP and the City of Stockton and County of San Joaquin Stormwater Quality Control Criteria Plan. (Section 15183 Analysis, Section 15183 Analysis, p. 505 of the April 9th Planning Commission Staff Report.) This design standard will ensure the water condition and prevent any vector-breeding environment. Absent evidence to the contrary, Ms. Elizabeth’s speculative claim fails to establish that the Project does not comply with standard water quality control measures designed to address public health and safety considerations associated with vector abatement.

CEQA does not require the lead agency to provide a detailed plan for monitoring mitigation measures
Ms. Elizabeth believes the City should describe how the following conditions associated with compliance with the San Joaquin Valley Multi-species Habitat Conservation Plan (“SJMSCP”) will be monitored by City staff. The appellant requested that the following statement be addressed: “The LOCAL JURISDICTION retains responsibility for ensuring that the appropriate Incidental Take Minimization Measures are properly implemented and monitored and that appropriate fees are paid in compliance with the SJMSCP.’ There is no description of how the city will perform this monitoring or what fees will be paid.” The Section 15183 Analysis reiterates that the General Plan EIR “[directs] the City to continue to comply with the terms of the SJMSCP…and [requires] new development to implement best practices to protect biological resources including incidental take minimization measures and other federal and State requirements and recommendations, that are consistent with the SJMSCP…When considering development applications, these actions will ensure that any special status species or critical or sensitive habitats are identified for project-specific avoidance or mitigation, and they ensure that construction activity for such development protects sensitive resources throughout the construction period.” (Section 15183 Analysis, p. 289 of the April 9th Planning Commission Staff Report.) CEQA Guidelines Section 15091(d) requires the adoption of a Mitigation Monitoring and Reporting Plan which is the vehicle for assuring that mitigation measures will be implemented and tracked. Thus, Ms. Elizabeth’s claim does not require further analysis.

Attachment F
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The Section 15183 Analysis provides a mitigation measure regarding the conversion of agricultural land
Finally, Ms. Elizabeth believes that “there is no mention of mitigating the conversion of land used for agriculture.” This is not true. The Section 15183 Analysis addresses this issue in detail. Specifically, it provides that “the proposed Project is subject to the requirements of the Stockton Agricultural Lands Mitigation Program which will involve a contribution of conservation easement-protected land or payment of in-lieu fees to the Mitigation Program as compensation for the agricultural land conversion impacts of the Project.” (Section 15183 Analysis, page 268 of the April 9th Planning Commission Staff Report ,) Accordingly, this claim lacks factual basis and does not require further consideration.

The Sierra Club Requests that the Project include Affordable Housing.

The City of Stockton has not adopted an inclusionary zoning ordinance. At the time the Project was designed and applications prepared and submitted to the City of Stockton, the Stockton Genera Plan and Housing Action Plan, and all applicable governing rules were followed so the Project would be consistent with the General Plan and Zoning. Regarding any affordable housing element in any Project, the affordable housing element must be considered at the front end of the project in connection with the acquisition of the land and the pro forma required for the financing of the project. Asking for an affordable housing element at the end of the Project’s entitlement process is not an option given the previously approved financing and market projections.

The primary purpose of entering into a Development Agreement for the Bear Creek South Project was to document the roles and responsibilities associated with the timing of park construction, dedication of land and receipt of fee credits for design and construction. The Development Agreement has required the Developer to waive any reimbursement for the land for the four (4) parks which are required to be built up front and dedicated to the City with each phase of the development. This is a $4.155 million value to the City.

We respectfully request that the City Council find the Section 15183 Analysis adequately addressed the Project’s environmental impacts based on the prior General Plan EIR. We also request that the City Council reject Ms. Elizabeth’s appeal of the Planning Commission’s recommendations concerning approval of the prezoning, development agreement, and approval of the tentative maps for the Project, and the challenges to the City’s reliance on the General Plan EIR under CEQA Guidelines Section 15183.

Attachment F
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TriPointe Homes appreciates the City Council’s deliberations, and looks forward to the City’s issuance of the Project building permits in the very near future.

Regards,

BUCHALTER LLP
Alicia Guerra
AG:nj
Attachment
cc: Jason Cole
Matt Arnaiz
David Arnaiz
Jeff Klein
Trevor Smith
Attachment F
2362
Project Requirement(s)
Revised Project Requirement 6: As per the requirements of the General Plan Action LU-5.2.D, prior to the beginning of construction work, subsurface testing of the property shall be completed to determine if any buried sites are located on-site. If findings are made, particularly of human remains, a major archeological data recovery effort shall be required. A discovery excavation shall be done with backhoe trenching and/or other standard practices of excavating in areas identified by a qualified archeologist, including the use of hand tools, if necessary and feasible, and shall involve a tribal representative or representatives who are knowledgeable about local recorded resources near the project site.

Subsurface testing shall be conducted extending to a depth of more than 60 inches to locate the location and extent of the buried sites using trenches or test units as per the recommendations of the Cultural Resources Assessment Summary of the site. The locations of the subsurface testing shall be determined by a qualified archaeologist. These resources may provide information on early man in this region.

Non-invasive testing such as ground penetrating radar or a magnetometer survey are not advised. There are not likely to be intact burials or subsurface features due to the long-term plowing over the last 175 years, deep ripping, development of orchards as well as other agricultural features such as ditches cut through the landscape, disturbing the soils. Noninvasive methods result in the need to open anomaly locations to determine what is there, turning those methods into roughly the same as excavated trenches.

There is always a possibility that a site may exist in the Project area, and be obscured by vegetation, siltation, or historic activities, leaving no surface evidence, even with testing. If artifacts, exotic rock, shell, or bone are uncovered during the construction, work in that area shall stop immediately and a qualified archeologist shall be contacted to examine and evaluate the deposit.

If the examination and evaluation reveals significant resources, a treatment plan in accordance with appropriate standards, such as the Secretary of the Interior’s Standards for Treatment of Archaeological Sites would be prepared if the development cannot avoid an archaeological or paleontological deposit prior to construction.

Project Requirement 7: As per the requirements of California Public Resources Code section 5097.98 and to Section 16.36.050 of the City’s Municipal Code, in the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area suspected to overlie adjacent remains. In accordance with the California Health and Safety Code (Section 7050.5), the San Joaquin County Sheriff/Coroner must be contacted immediately.

Attachment F
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The San Joaquin County Coroner shall determine whether the remains are subject to any provisions of law concerning investigation of the circumstances, manner and cause of death, and shall make recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative. The County Coroner shall make his or her determination within two working days from the time the person responsible for the excavation, or his or her authorized representative, notifies the coroner of the discovery or recognition of the human remains.

If the Coroner determines the remains to be of Native American origin, the Coroner will notify the Native American Heritage Commission, which will in turn appoint a Most Likely Descendent (MLD) to act as a tribal representative. The MLD will work with the Project proponent/applicant and a qualified archaeologist to determine the proper treatment of the human remains and any associated funerary objects. Construction activities will not resume until either the human remains are exhumed, or the remains are avoided via Project construction design change.

After notification, the NAHC will follow the procedures outlined in Public Resources Code Section 5097.98. that include notifications of the MLDs, and recommendations for the treatment of the remains. The MLDs will have 48 hours after notification by the NAHC to make their recommendations (PRC Section 5097.98).

Project Requirement 8: Consistent with Section 16.36.050 of the City’s Municipal Code, if presently undocumented buried archaeological deposits are encountered during construction activities, work must cease within a 50-foot radius of the discovery. A qualified archaeologist must be retained to document the discovery, assess its significance, and recommend treatment in accordance with appropriate standards, such as the Secretary of the Interior’s “Standards for Treatment of Archaeological Sites.”
Attachment F
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June 10, 2026
Via Electronic Mail
Stephanie Ocasio
Director of Community Development
Community Development Department
City of Stockton
345 N. El Dorado Street
Stockton, CA 95202
Re: Peer Review — Cultural Resource Assessment Summary and Project Requirements for the Bear Creek South Residential Project, San Joaquin County, California (Peak & Associates, Inc., September 2024, revised February 2025) Dear Ms. Ocasio:

Tremaine & Associates, Inc. (“TREMAINE”) has been retained by De Novo Planning Group, Inc. (“De Novo”), to conduct an independent peer review of the Cultural Resource Assessment Summary (“Assessment”) prepared by Peak & Associates, Inc., for the Bear Creek South Residential Project (“Project”), together with the associated cultural resources Project Requirements (Requirements 6, 7, and 8) that have been incorporated into the Project as conditions of approval. This peer review was also undertaken with reference to the tribal consultation comments submitted by the Confederated Villages of Lisjan Nation (“Lisjan Nation”) through its legal counsel, The Circle Law Group, P.C., dated April 8, 2026, and the developer response letter from Buchalter, LLP, on behalf of TriPointe Homes, Inc., dated March 20, 2026, and the supplemental letter from Buchalter, LLP, dated May 6, 2026, addressing the Lisjan Nation’s April 8, 2026 comments and the appeal of the Planning Commission’s April 9, 2026 approval filed by Ms. Mary Elizabeth.

The purpose of this peer review is to evaluate whether the Assessment and the cultural resources Project Requirements, taken together, provide an adequate and professionally sound basis for the City’s CEQA determination, and to identify any remaining technical concerns along with practical measures that can be implemented prior to construction.

1.0 SCOPE OF PEER REVIEW
This peer review encompassed: (1) the Cultural Resource Assessment Summary prepared by Peak & Associates, Inc. (September 2024, revised February 2025); (2) Project Requirements 6, 7, and 8 addressing cultural resources; (3) the Lisjan Nation’s comment letter dated April 8, 2026; (4) the developer response letter from Buchalter, LLP, dated March 20, 2026; (5) the supplemental letter from Buchalter, LLP, dated May 6, 2026, responding to the Lisjan Nation’s April 8, 2026 letter and to the appeal of the Planning Commission’s April 9, 2026, decision filed Attachment F
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by Ms. Mary Elizabeth; and (6) applicable regulatory requirements under CEQA, the City of Stockton Envision 2040 General Plan, and California cultural resources law. No independent field survey was conducted as part of this peer review.

2.0 SUMMARY OF THE ASSESSMENT AND PROJECT REQUIREMENTS

2.1 Cultural Resource Assessment Summary
The Assessment covers the 503.89-acre Development Area located in unincorporated San Joaquin County adjacent to the City of Stockton’s northern city limits. The work included a records search through the Central California Information Center (CCIC), a check of the Native American Heritage Commission (NAHC) Sacred Lands files (SLF), and a pedestrian field survey conducted over four days in April 2022 by archaeologist Michael Lawson under the direction of principal investigator Melinda A. Peak.

The records search identified five previously recorded resources within the Project area, two of which are significant for purposes of this review. Site CA-SJO-315/H (P-39-004641) is a multicomponent prehistoric, protohistoric, and historic period site with surface artifacts covering approximately 12,000 square meters; it appears to be associated with a former historic-period residence and may overlie a deeper prehistoric deposit. Site CA-SJO-253 (P-39-000005) contains bone and chipped stone and was interpreted by the original recorder as a possible small village site; the original site record notes that boundaries could not be determined due to dense crops and that the site is in a disturbed condition, with a metate thought to have been pulled from a deeply buried cultural sediment. The field survey identified prehistoric artifacts in three locations but was unable to relocate either of the two primary recorded sites.

The soils analysis identifies approximately 90 percent of the Project area as Jacktone clay (rated “high” for buried site potential) and approximately 10 percent as Stockton clay along Bear Creek (rated “very high” for buried site potential). The Assessment concludes that the Project area has a meaningful potential for buried prehistoric resources, particularly below approximately five feet depth, and recommends pre-development subsurface testing and construction monitoring.

2.2 Cultural Resources Project Requirements
The Project Requirements addressing cultural resources — Requirements 6, 7, and 8 — establish a substantive framework for supplemental resource identification efforts prior to construction, as well as protection should cultural resources be encountered during Project implementation.

Project Requirement 6 requires mandatory pre-construction subsurface testing of the property prior to the beginning of any construction work. The requirement also mandates pre-construction worker training on avoidance and minimization measures, confidentiality, and applicable state law. In the event resources are encountered during construction, work must stop immediately and both a qualified archaeologist and the tribal representative must be contacted; if significant resources are confirmed, a treatment plan consistent with the Secretary of the Interior’s (SOI’s) Standards must be prepared before work can resume.

Attachment F
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Project Requirement 7 establishes a comprehensive human remains protocol consistent with California Health and Safety Code Section 7050.5, Public Resources Code Section 5097.98, and the City’s Municipal Code. The requirement mandates immediate cessation of work, notification of the San Joaquin County Coroner, and — if remains are determined to be of Native American origin — notification of the NAHC and appointment of a Most Likely Descendant (MLD) to work with the project proponent and a qualified archaeologist on treatment and disposition.

Construction may not resume until remains are either exhumed or avoided through a design change.

Project Requirement 8 establishes a response protocol for any undocumented buried archaeological deposits encountered during construction, requiring cessation of work within a 50-foot radius, retention of a qualified archaeologist, and preparation of treatment recommendations consistent with the SOI’s Standards before work can resume.

3.0 EVALUATION

3.1 Overall Assessment of the Cultural Resources Program Having reviewed the Assessment and the cultural resources Project Requirements as an integrated package, it is my professional opinion that the program, taken as a whole, establishes a technically sound and legally defensible framework for the identification, evaluation, and treatment of cultural resources for this Project. The following elements are particularly noteworthy.

The mandatory pre-construction subsurface testing requirement in Project Requirement 6 is the most significant protective measure in the program. Requiring subsurface testing prior to the beginning of construction work — rather than relying solely on construction monitoring — reflects sound professional practice and directly addresses the elevated buried site potential identified by the soils analysis. The principal technical issue identified in this peer review concerns Peak’s conclusion regarding the limited value of non-invasive geophysical testing, as quoted below. Recommendations addressing this issue are provided in Section 4.0.

Non-invasive testing such as ground penetrating radar or a magnetometer survey are not advised. There are not likely to be intact burials or subsurface features due to the long-term plowing over the last 175 years, deep ripping, development of orchards as well as other agricultural features such as ditches cut through the landscape, disturbing the soils. Non-invasive methods result in the need to open anomaly locations to determine what is there, turning those methods into roughly the same as excavated trenches.

The requirement to involve a tribal representative throughout the testing process is consistent with current best practices in California cultural resources management. Their involvement provides a meaningful mechanism for tribal knowledge to inform the identification and treatment of cultural resources.

The pre-construction worker training requirement in Project Requirement 6 is an important and often undervalued protective measure. Construction workers who understand what to look for Attachment F
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and what to do when they encounter cultural materials are a critical component of any effective resource protection program, and this requirement directly addresses that need.

The human remains protocol in Project Requirement 7 is comprehensive and fully consistent with applicable state law. The requirement to halt work, notify the Coroner, engage the NAHC, and work with the MLD prior to resuming construction represents the legally required and professionally appropriate approach to this sensitive issue.

The inadvertent discovery protocol in Project Requirement 8 provides a clear and workable mechanism for responding to unexpected finds during grading and construction, with appropriate thresholds for work stoppage, professional evaluation, and treatment planning.

3.2 Response to Concerns Raised by the Lisjan Nation
The Lisjan Nation raises concerns in its April 8, 2026, letter that merit professional evaluation in the context of the Project Requirements.

The Tribe’s primary concern — that the Project’s cultural resources program relies only on construction-phase mitigation and provides no opportunity for pre-construction identification — is directly addressed by Project Requirement 6. The requirement that subsurface testing be completed prior to the beginning of construction work is precisely the pre-construction mechanism the Tribe has called for. The testing program will be conducted under the oversight of a qualified archaeologist and with tribal representative involvement, providing the technical and cultural framework necessary to locate the boundaries of the known sites (CA-SJO-315/H and CA-SJO-253) and identify any additional subsurface deposits before grading begins.

The Tribe’s concern that the General Plan EIR’s approach to cultural resources constitutes “salvage archaeology” rather than mitigation is a fair characterization of excavation-and-removal as a stand-alone mitigation measure. However, the Project Requirements go beyond that framework by requiring pre-construction testing, tribal involvement throughout, and the preparation of a treatment plan consistent with the SOI’s Standards. Data recovery conducted under those Standards — when conducted systematically by a qualified archaeologist with tribal monitoring — constitutes professionally accepted mitigation that preserves the scientific and cultural information contained in archaeological deposits. The Project Requirements therefore provide a more robust protective framework than the General Plan EIR mitigation measures standing alone.

The Tribe’s concern regarding invasive testing prior to construction, as discussed in Peak’s Assessment Report, is understandable and merits consideration. The recommendations provided in Section 4.0 offer a practical approach that is consistent with current professional archaeological standards.

The Tribe’s request for independent access to the Project site prior to construction is a property access matter that falls outside the scope of the formal archaeological program. The preconstruction subsurface testing required by Project Requirement 6, conducted by a qualified Attachment F
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archaeologist with tribal participation, constitutes an appropriate and legally sufficient mechanism for pre-construction resource identification at this site.

4.0 FINDINGS AND TARGETED RECOMMENDATIONS
Based on my peer review, I find that the Assessment and cultural resources Project Requirements provide a professionally adequate and legally defensible basis for the City’s environmental determination. The following targeted recommendations are offered to further strengthen the program. Each is designed to be implemented as part of the pre-construction process already required by Project Requirement 6 — none requires City Council to impose additional conditions of approval or delay the project entitlement.

1. Develop a Written Pre-Construction Testing Plan Prior to Issuance of Grading Permits. Project Requirement 6 requires subsurface testing prior to construction but does not specify a written testing plan as a pre-grading permit deliverable. I recommend that the City require the project archaeologist to prepare and submit a brief written testing plan — identifying proposed testing locations, depth targets, excavation methods, and tribal coordination protocols — for City review and approval prior to issuance of grading permits. This plan can be prepared within a matter of weeks and will ensure that the testing program is systematically focused on the highest-priority areas identified by the soils analysis and the locations of the known recorded sites. A written plan also provides a clear and reviewable record of the pre-construction process that supports the City's CEQA documentation. This is a pre-construction administrative measure consistent with the intent of Project Requirement 6 and does not require any change to the conditions of approval.

TREMAINE recommends that the written testing plan incorporate a non-invasive and minimally invasive subsurface testing approach to supplement the prior pedestrian surveys. This approach should address the Lisjan Nation’s concerns while also providing the developer with subsurface data that may be useful for planning purposes. If this testing indicates that buried cultural resources may be present, additional invasive testing may be warranted.

2. Establish Data Recovery as the Treatment Standard for Significant Subsurface Discoveries. Project Requirement 6 states that if subsurface testing identifies significant resources, a treatment plan shall be prepared consistent with the SOI’s Standards. Given the Project's land use objectives and the nature of the known resource types at this location, professionally conducted data recovery excavation — conducted by a qualified archaeologist with tribal monitoring — is the appropriate and practicable treatment standard for any significant archaeological deposits identified during pre-construction testing. Data recovery under the SOI’s Standards preserves the scientific and cultural information value of archaeological resources through systematic excavation, documentation, analysis, and reporting, and constitutes recognized and legally defensible Attachment F
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mitigation under CEQA. TREMAINE recommends that the written testing plan required by Recommendation 1 include a data recovery protocol to be implemented in the event significant resources are identified, so that a treatment framework is in place before testing begins and construction scheduling is not delayed by the need to develop a treatment approach after the fact.

3. Confirm Tribal Coordination Protocol in Project Documentation. As documented in the May 6, 2026, supplemental letter from Buchalter, LLP, Project Requirement 6 has been revised to refer to a “Tribal Monitor or Monitors” rather than specifying a single tribal group by name. TREMAINE recommends that, prior to initiating pre-construction subsurface testing, the City and the Project archaeologist confirm in writing the identity of the designated Tribal Monitor or Monitors and their respective roles under Project Requirements 6, 7, and 8. This pre-construction coordination step ensures operational clarity for all parties without requiring any change to the conditions of approval. If human remains are found during construction, the NAHC will assign the role of MLD at that time. The MLD assigned by the NAHC may not necessarily be affiliated with the tribal group selected to conduct monitoring. If that occurs, the MLD may assume the lead role in consultation regarding treatment and disposition of the remains or may defer to the Tribe already engaged in monitoring, as appropriate.

5.0 CONCLUSION
Based on my independent peer review of the Cultural Resource Assessment Summary and Project Requirements 6, 7, and 8, it is my professional opinion that the cultural resources program established for the Bear Creek South Residential Project is technically adequate and professionally sound. The pre-construction subsurface testing requirement in Project Requirement 6 is the cornerstone of the program and directly addresses the most significant archaeological concern raised by the site’s resource history and soil conditions. The revised Project Requirement 6 provision for a Tribal Monitor or Monitors — ensures that tribal monitoring throughout the testing, construction, and response process reflects both professional archaeological standards and the tribal knowledge most directly relevant to this project area. The human remains and inadvertent discovery protocols in Project Requirements 7 and 8 are fully consistent with applicable state law and professional standards.

The recommendations in Section 4.0 of this letter are offered as practical enhancements to an already sound program. Each is implementable within the existing conditions of approval and the pre-construction timeframe established by Project Requirement 6, without any delay to resolution of the pending appeal or City Council action on the Project. The City has established a clear record of consultation efforts with all tribal parties, and the Project Requirements reflect the outcome of that process. The supplemental response from Buchalter, LLP, dated May 6, 2026 further documents the Developers’ good-faith engagement with tribal parties and their ongoing commitment to implementing Project Requirements 6, 7, and 8. Adoption of the recommendations above would further strengthen the technical record and provide a wellAttachment F 2370
documented pre-construction framework that supports the long-term defensibility of the City’s CEQA determination.

I am available to discuss the findings of this peer review with City staff, the project applicants, or tribal representatives at the City's convenience. Please feel free to contact me at [email protected] or (707) 333-5288.

Respectfully submitted,
Kim Tremaine, M.A., RPA
Principal Archaeologist
Tremaine & Associates
Registered Professional Archaeologist #3872
cc: Steve McMurtry, De Novo Planning Group, Inc.

Attachment F
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3 10
2 11
2 11
1 12
F:\3562-000\ACAD\EXHIBITS\XB068_PRE-ZONE EXHIBIT.DWG

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM ROSEVILLE
(925) 866-0322 BEAR CREEK SOUTH (916)788-4456

PROPOSED PRE-ZONE

APN EXISTING
ZONING

PROPOSED
ZONING
Attachment G
2372
F:\3562-000\ACAD\EXHIBITS\XB070_PRE-ZONE EXHIBIT2.DWG

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM ROSEVILLE
(925) 866-0322 BEAR CREEK SOUTH (916)788-4456

PROPOSED PRE-ZONE

APN EXISTING
ZONING

PROPOSED
ZONING
Attachment G
2373
November 24, 2025

Page 1 of 3 ends

Exhibit A
(LAFC __-__)

BEAR CREEK SOUTH REORGANIZATION TO

CITY OF STOCKTON

SAN JOAQUIN COUNTY, CALIFORNIA

All that certain real property, situate in the unincorporated territory of the County of San Joaquin, State of California, and being a portion of Sections 2 and 11, Township 2 North, Range 6 East, Mount Diablo Meridian, described as follows:

Beginning at a point on the existing boundary of the City of Stockton, said point being a point on the northeast corner of West Lane and Morada Lane, being the northwest terminus of that certain course shown and so designated as “southeasterly 56.94 feet” on the plat for the Barosso Reorganization to the City of Stockton, LAFC 77-11, dated May 7, 1977;
Thence (1), along said boundary of the City of Stockton, North 0°37'38" West, a distance of 2054.99 feet;
Thence (2), North 2°28'25" West, a distance of 425.72 feet; Thence (3), North 86°37'27" East, a distance of 16.99 feet; Thence (4), North 2°27'54" West, a distance of 98.33 feet; Thence (5), North 58°04'17" East, a distance of 2.86 feet; Thence (6), North 45°04'17" East, a distance of 100.00 feet; Thence (7), North 25°34'17" East, a distance of 300.00 feet; Thence (8), North 29°59'17" East, a distance of 600.00 feet; Thence (9), North 34°54'17" East, a distance of 560.00 feet; Thence (10), North 58°04'17" East, a distance of 600.00 feet; Thence (11), North 47°49'17" East, a distance of 175.00 feet; Thence (12), North 40°24'17" East, a distance of 300.00 feet; Thence (13), North 87°19'17" East, a distance of 75.00 feet; Attachment G
2374
November 24, 2025

Page 2 of 3 ends

Exhibit A
(LAFC __-__)

BEAR CREEK SOUTH REORGANIZATION TO

CITY OF STOCKTON

SAN JOAQUIN COUNTY, CALIFORNIA

Thence (14), South 71°40'43" East, a distance of 300.00 feet; Thence (15), North 85°34'17" East, a distance of 150.00 feet; Thence (16), North 64°49'17" East, a distance of 303.19 feet; Thence (17), North 2°44'59" West, a distance of 167.61 feet; Thence (18), North 43°18'39" East, a distance of 225.05 feet; Thence (19), North 57°27'39" East, a distance of 201.25 feet; Thence (20), North 62°57'39" East, a distance of 272.00 feet; Thence (21), North 37°27'39" East, a distance of 328.76 feet; Thence (22), North 61°58'39" East, a distance of 227.52 feet; Thence (23), North 34°24'39" East, a distance of 231.08 feet; Thence (24), North 76°49'39" East, a distance of 74.27 feet; Thence (25), South 66°44'21" East, a distance of 73.25 feet; Thence (26), South 49°52'21" East, a distance of 187.39 feet; Thence (27), South 73°05'21" East, a distance of 153.97 feet; Thence (28), South 87°08'21" East, a distance of 285.17 feet; Thence (29), North 78°45'39" East, a distance of 173.60 feet; Thence (30), North 63°06'39" East, a distance of 297.56 feet; Thence (31), South 88°28'21" East, a distance of 86.79 feet; Thence (32), South 60°52'03" East, a distance of 52.83 feet; Thence (33), South 60°52'21" East, a distance of 95.09 feet; Thence (34), South 86°15'44" East, a distance of 150.00 feet; Thence (35), South 3°44'16" West, a distance of 5,690.49 feet; Attachment G
2375
November 24, 2025

Page 3 of 3 ends

Exhibit A
(LAFC __-__)

BEAR CREEK SOUTH REORGANIZATION TO

CITY OF STOCKTON

SAN JOAQUIN COUNTY, CALIFORNIA

Thence (36), North 89°52'30" West, a distance of 4,606.52 feet; Thence (37), North 45°15'00" West, a distance of 56.94 feet to said point of beginning.

Containing 530.1 acres of land, more or less.

For assessment purposes only. This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer of sale of the land described.

END OF DESCRIPTION
Sabrina Kyle Pack, P.L.S
L.S No. 8164

PRELIMINARY
Attachment G
2376
120-020-27
111.57 AC

LA MORADA PARTNERSHIP LTD
120-020-30
101.29 AC

PARDEE HOMES CORP
120-020-31

53.07 AC

BEAR CREEK FAMILY LTD PTP
120-030-10

70.94 AC

PARDEE HOMES CORP
120-020-32

23.45 AC

BEAR CREEK FAMILY LP
120-030-06
143.57 AC

BEAR CREEK FAMILY LP
E. MORADA LANE
UNION PACIFIC RAILROAD (11.75 AC)

WEST LINE OF CONGRESSIONAL GRANT WEST LANE
F:\3562-000\ACAD\EXHIBITS\XB057_ANNEXATION AREAS.DWG

ANNEXATION AREAS

BEAR CREEK SOUTH

CITY OF STOCKTON SAN JOAQUIN COUNTY CALIFORNIA
SCALE: 1" = 300' DATE: APRIL 1, 2026

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456

VICINITY MAP
SITE
LEGEND

ANNEXATION AREAS (AC)

PROJECT AREAS (AC)
APN AREA (AC) TOTAL AREA (AC) LAND (%)
ARNAIZ
KLEIN

TRI POINTE

OFF-SITE AREAS (AC)

CITY OF STOCKTON
U.P.R.R.

SACRAMENTO/SAN

JOAQUIN DRAINAGE

DISTRICT
0 300 600 900
Attachment H
2377
November 24, 2025

Page 1 of 3 ends

Exhibit A
(LAFC __-__)

BEAR CREEK SOUTH REORGANIZATION TO

CITY OF STOCKTON

SAN JOAQUIN COUNTY, CALIFORNIA

Page 2 of 3 ends

Exhibit A
(LAFC __-__)

BEAR CREEK SOUTH REORGANIZATION TO

CITY OF STOCKTON

SAN JOAQUIN COUNTY, CALIFORNIA

Page 3 of 3 ends

Exhibit A
(LAFC __-__)

BEAR CREEK SOUTH REORGANIZATION TO

CITY OF STOCKTON

SAN JOAQUIN COUNTY, CALIFORNIA

Thence (36), North 89°52'30" West, a distance of 4,606.52 feet; Thence (37), North 45°15'00" West, a distance of 56.94 feet to said point of beginning.

Containing 530.1 acres of land, more or less.

END OF DESCRIPTION
Sabrina Kyle Pack, P.L.S
L.S No. 8164

PRELIMINARY
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May 29, 2026
Via Email
Mayor Christina Fugazi
Vice Mayor Lee
Councilmember Padilla
Councilmember Ponce
Councilmember Blower
Councilmember Enriquez
Councilmember Villapudua
City Council
City of Stockton
425 N El Dorado Street, 2nd
Floor
Stockton, CA 95202
Katherine Roland, City Clerk
City Clerk’s Office
City of Stockton
425 N El Dorado St, 1st Floor
Stockton, CA 95202
[email protected]
Nicole D. Moore, Contract Planner
City of Stockton
345 N. El Dorado Street
Stockton, CA 95202
Phone: (209) 937-8561
[email protected]
Re: Request for Extension of Hearing for the Bear Creek South Residential Project Dear Mayor Fugazi, Vice Mayor Lee, Honorable Councilmembers, Ms. Roland, and Ms. Moore:

I am writing on behalf of Laborers International Union of North America, Local No. 73 (“LIUNA”) and its members living and working in and around the City of Stockton to request that the City not hold a public hearing for the Bear Creek Residential Project (“Project”) until thirty days from the date all supporting documents are made available for review. This request is made pursuant to the California Public Records Act, Government Code Section 6250 et seq. and the California Environmental Quality Act (“CEQA”), Section 21092(b)(1) which requires that “all documents referenced in the [CEQA document]” be available for review during the entire comment period.

The biological resources section of the 15183 Checklist for the Project references a field survey conducted to establish existing conditions of the site and verify information obtained in the pre-field investigation. However, the referenced survey results are not publicly available. On behalf of our clients, we requested a copy of this field survey on May 28, 2026. On May 29, 2026, the City Clerk confirmed that our request was being processed pursuant to the Public Records Act, but we have not yet received those documents.

CEQA section 21092(b)(1) and CEQA Guidelines section 15087(c) require that a CEQA notice must include “the address where copies of the [CEQA document], and all documents Attachment K
2559
May 29, 2026
Review Period Extension Request

Page 2 of 2 ends

referenced in the [CEQA document], are available for review.” As noted by leading CEQA commentators, Remy and Thomas:

The above-referenced section [21092(b)(1)] requires the agency to notify the public of the address at which “all documents referenced in [the CEQA document]” can be found (and presumably read) . . . seems to require agencies to make available for public review all documents on which agency staff or consultants expressly rely in preparing the [CEQA document]. In light of case law emphasizing the importance of ensuring that the public can obtain and review documents on which agencies rely for the environmental conclusions (see, e.g., Emmington v. Solano County Redevel. Agency, 195 Cal.App.3d 491, 502-503 (1987)), agencies should ensure that they comply literally with this requirement.

Remy, Thomas and Moose, Guide to the California Environmental Quality Act, p. 293 (Solano Press, 1999). The courts have held that “material not contained in the [CEQA document] cannot be expected to be considered, and therefore, cannot be relied upon to support an adequate [CEQA document].” People ex rel. Bonta v. Cnty. of Lake, 105 Cal. App. 5th 1222, 1232 (2024).

In fact, the courts have also held that the failure to provide even a few pages of a CEQA document for a portion of the CEQA review period invalidates the entire CEQA process.

Ultramar v. South Coast Air Quality Man. Dist., 17 Cal.App.4th 689 (1993).

By failing to provide “all documents referenced” in the 15183 Checklist for public review, the City is violating the procedural mandates of CEQA. Therefore, we request that the City not schedule a hearing for this Project until at least thirty days from the date the documents are made available. Please contact me as soon as possible with your response to this request.

Sincerely,
Aleja Cretcher
Lozeau Drury LLP
Attachment K
2560
From: Aleja Cretcher
To: CC - City Clerk
Subject: Document Request: 15183 Checklist Bear Creek South Project Date: Thursday, May 28, 2026 10:57:00 AM
CAUTION: This email originated from outside the City of Stockton. Do not click any links or open attachments if this is unsolicited email.

Good morning,
I hope this email finds you well! I am reaching out about the 15183 Consistency Checklist for the Bear Creek South Residential Project. On page 63, the Checklist says “The Project site was subject to a field survey by De Novo Principal Biologist Steve McMurtry on April 18, and again on May 9, 2022.” However, there is no available report and no summary of species detected during the surveys.

Could you please send me this report? If you also have the qualifications of the biologist, that would be greatly appreciated. Thank you very much.

Best,
Aleja Cretcher
--
Aleja M. Cretcher
Lozeau | Drury LLP
1939 Harrison St., Suite 150
Oakland, CA 94612
Office: 510.836.4200
Mobile: 650.281.9940
[email protected]
Confidentiality Notice: This message and any attachment(s) may contain privileged or confidential information.

Unauthorized interception, review, use or disclosure is prohibited by law. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments. Thank you.

Attachment K
2561
De Novo Planning Group
A Land Use Planning, Design, and Environmental Firm
DE NOVO PLANNING GROUP | SOUTHERN CALIFORNIA OFFICE
CORPORATE ADDRESS: 1020 SUNCAST LANE, SUITE 106, EL DORADO HILLS, CA 95762 smcmurtry@denovoplannin g.com | (916) 580-9818

STEVE MCMURTRY

PRINCIPAL/BIOLOGIST
Mr. McMurtry is a Principal and Biologist with De Novo Planning Group and is responsible for project management, preparation of biological assessments, natural environmental studies, wetland delineations, special status species surveys, botanical surveys, water quality reports, federal Incidental Take Permits (Section 7/Section 10), California Incidental Take Permits (Section 2800), Section 404 Permits, Section 401 Water Quality Certifications, Section 1600 Stream Bed Alteration Agreements, Biological Monitoring, and Construction Worker Education. Mr. McMurtry has extensive experience working for local, state, and federal agencies, and currently serves as an on-call Biologist for various governmental agencies in California. Mr. McMurtry also has experience providing litigation support and expert witness testimony for biological topics in court. Mr. McMurtry graduated from Cal Poly San Luis Obispo with a bachelor’s degree in Natural Resource Management with graduate studies in Biological Sciences at San Jose State University. His college coursework includes plant taxonomy, dendrology, wildlife biology, conservation biology, ecology, evolutionary biology, genetics, soil science, hydrology, forest sciences, and natural resource management. He has received the appropriate education and certificates to qualify as a wetland delineator. The CDFW has issued Mr. McMurtry a Plant Collecting Permit under the California Endangered Species Act.

REGULATORY PERMITS/QUALIFICATION DESIGNATIONS
CDFW Plant Voucher Collecting Permit (2081(s)-21-004-V
SJCOG SJMSCP Qualified Biologist (USFWS/CDFW approved HCP/NCCP)  Have processed numerous coverage surveys, precon-surveys, and bio reports for SJCOG serving as administrator of the HCP/NCCP. Also been involved in authorized burrowing owl evictions.

Yolo HCP/NCCP Qualified Biologist Certification (USFWS/CDFW approved HCP/NCCP)  Planning-level habitat surveys (includes land cover mapping and identification of species habitat)  Palmate-bracted bird’s beak planning-level species surveys  Valley elderberry longhorn beetle planning-level species surveys  Swainson’s hawk and white-tailed kite pre-construction surveys and construction monitoring  Western burrowing owl planning-level surveys for occupied habitat and preconstruction surveys

RELEVANT TRAINING AND EXPERIENCE
 Plant/Vegetation Qualifying Training: Botanical training has been received through university classwork and field work over the past approximately 25 years. Plant taxonomy classwork involved training in the taxonomic relations and classification of ferns, conifers and flowering plants, with practice in their collection and identification. Techniques included cytotaxonomy, chemotoxonomy, palynology and numerical taxonomy. I Received classroom and field instruction in the use and application of The Jepson Manual, Higher Plants of California (Hickman 1993), which is still the authoritative plant key used in botanical surveys today in California.

Taxonomy training also involved work in the Carl W. Sharsmith Herbarium at San Jose State University. Other classroom work involved studying plant ecology, species composition and vegetation structure of California plant communities. Classwork included the origins, history and changes brought about by natural succession and human impact. Rodney Myatt, PhD, was graduate professor at San Jose State University and provided both classroom training, as well as field training at various locations throughout California, including various Central Valley wetland complexes (Jepson prairie, Mather wetland preserve, Colusa NWR). Has significant undergraduate classroom training at CalPoly San Luis Obispo, with field training at CalPoly’s outdoor laboratory at Swanton Pacific Ranch located in Davenport. Has classwork in dendrology which focused on the identification, classification, silvical characteristics, distribution, environmental requirements and economic importance of woody plants in shrub, woodland, and forest ecosystems of the United States. The training Attachment K
2562
De Novo Planning Group
A Land Use Planning, Design, and Environmental Firm
DE NOVO PLANNING GROUP | SOUTHERN CALIFORNIA OFFICE
CORPORATE ADDRESS: 1020 SUNCAST LANE, SUITE 106, EL DORADO HILLS, CA 95762 smcmurtry@denovoplannin g.com | (916) 580-9818
emphasized species located in the Pacific Coastal, Sierran, and Cascade ecosystems. Doug Piirto, PhD, was professor at CalPoly and provided both classroom training, as well as field training at various locations throughout the coast of California (San Luis Obispo and Santa Cruz counties).  Ornithological Qualifying Training: Training with raptors is a combination of classroom training and field work under a variety of biologists while employed with the United States Forest Service, EMC Planning Group, and Quad Knopf. Training involved classification and identification of birds, with emphasis on California species. The focus involved the functional morphology, physiology, ecology, behavior and census methods. The most extensive field work was spent with Cara Galloway, MA Biologist EMC Planning Group, Janet Walther, MS Senior Biologist EMC Planning Group, and Wes Rhodehamel, MA VP Biological Resources Quad Knopf on projects in the Monterey Bay Region, Salinas Valley, Central Valley, and Sierra Nevada range. Has extensive observations of Swainson’s hawk, burrowing owl, bald eagle, osprey, peregrine falcon, Cooper’s hawk, northern goshawk, northern spotted owl, great grey owl, and many other more common raptor species. Has extensive observations of yellow warbler, tri-colored black bird, least Bell’s vireo, willow flycatcher, and other special status birds.
 Herpetology Qualifying Experience: Herpetology training has been received through mostly field work over the past approximately 25 years. The most extensive field work was spent performing habitat assessments and visual encounter surveys for California red legged frog under Cara Galloway, MA Biologist EMC Planning Group, Janet Walther, MS Senior Biologist EMC Planning Group, on projects in the Coastal range. These included observations of egg masses, tadpoles, juveniles, and adults of CRLF. Has observed California tiger salamander egg masses and adults under Cara Galloway, MA in Gilroy, Ca, and CTS egg masses at a documented CTS site in Manteca. In a non-working environment, has experience observing adult Sierra Nevada yellow-legged frog at Highland lakes in Desolation Wilderness, and in small mountain ponds south of Donahue Pass in the Inyo National Forest. Has observed foothill yellow-legged frog in several drainage locations proximate to Union Valley Reservoir and Ice House Reservoir in the El Dorado National Forest. Has a significant number of observations of reptiles native to the Mojave Desert of southern California and western Nevada, including the desert tortoise.
 Bat Qualifying Experience: Bat experience is through non-contact field work over the past approximately 25 years. The early field work was spent performing habitat assessments and non-contact surveys for bats under Cara Galloway, MA Biologist EMC Planning Group, Janet Walther, MS Senior Biologist EMC Planning Group, on projects in the Coastal range. These included observations utilization both non-acoustical and acoustical methods. Non-acoustical surveying relied on spotlight, "peeper" mirrors, borescopes to look for indications of use such as guano, staining, bat smells for an visual confirmation of active occupancy. Acoustical methods relied on the use of bat detectors for acoustical confirmations of presence. More current field work has been limited to habitat assessments and visual detection techniques.  Legal Expert Witness Qualifications
o Qualified as a Biological Expert Witness in Fresno County Superior Court: Rio Mesa Holdings, LLC v.

Fidelity National Title
o Qualified as a Biological Expert Witness in Sonoma County Superior Court: Adobe Investments, LLC v.

Chicago Title Company
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ORDINANCE NO.

AN ORDINANCE AMENDING THE ZONING MAP, REFERENCED IN SECTION

16.16.030 OF THE STOCKTON MUNICIPAL CODE, TO PREZONE PROPERTIES TO

RESIDENTIAL, LOW (RL), PUBLIC FACILITIES (PF), AND OPEN SPACE (OS) ZONING (APPLICATION NO. P23-0137)
On May 25, 2023, the applicant, Bear Creek Ventures, which includes three (3) developers; Eight Mile Road Investors LLC (Arnaiz), Bear Creek Family Limited Partnership (Klein), and Tri Pointe Homes Holdings, Inc. (Tri Pointe), submitted a request to Prezone Assessor’s Parcel Numbers (APNs) 120-020-26; -27; -31; -32; and a portion of -30; 120-030-06; -07; -09; and -10; 122-010-05; portion of -02; -04; 124-010-01; -03; - 07; 120-020-11 and -12 to include a combination of Residential, Low (RL), Public Facilities (PF), and Open Space (OS) zoning for the purposes of future residential development with parks and open space, and right-of-way; and On July 7, 2026, the City Council held a duly noticed public hearing, pursuant to Stockton Municipal Code (SMC) Chapter 16.88, to consider the proposed Prezoning, at which all interested parties had the opportunity to be heard; and At the July 7, 2026, public hearing, and prior to acting on this request, the City Council considered and approved the Prezoning; now, therefore,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

SECTION 1. FINDINGS AND INTENT
The City Council of the City of Stockton finds, pursuant to SMC Section 16.116.050(B), that:

The proposed Ordinance for a Zoning Map Amendment for Prezoning of Assessor’s Parcel Numbers 120-020-26; -27; -31; -32; and a portion of -30; 120-030-06; -07; -09; and -10; 122-010-05; portion of -02; -04; 124-010-01; -03; -07; 120-020-11 and -12 presently located in the County of San Joaquin, State of California, which will be hereby reclassified, upon annexation to the City of Stockton, to a mix of Residential, Low (RL), Public Facilities (PF), and Open Space (OS) zoning. The legal description and associated map are included as Exhibit 1 to this Ordinance.

Pursuant to SMC Section 16.116.050(B), Mandatory Findings of Fact for All Amendments, all of the following findings of fact, as applicable to this type of amendment, have been made to approve an amendment:

A. The proposed Prezoning action ensures and maintains internal consistency with the general land uses, objectives, policies, programs, and actions of all elements of the General Plan on balance. The 2040 General Plan Land Use Map designates the subject site Low Density Residential. Pursuant to Table 2-1 2595
(General Plan Relationship to Development Code) of the General Plan, the RL Zone is compatible with the General Plan Land Use Map designation of Low Density Residential. PF and OS zoning is compatible with residential projects and is used for park and open space.

The proposed Prezoning action would not create any inconsistencies with SMC Title 16 (Development Code) since it pertains to the Zoning Map only. The text of Title 16 (Development Code) would remain unchanged under this action.

The Project is consistent with the 2040 General Plan Land Use Map designation of Low Density Residential applicable to the site. The project also furthers General Plan policies such as:

Goal LU-6: Provide for orderly, well-planned and balanced development.

With the adoption of a companion Zoning Map Amendment, the Project would not create any inconsistencies with the Development Code; Policy LU-6.3: Ensure that all neighborhoods have access to wellmaintained public facilities and utilities that meet community service needs;
Goal, HE-2: Provide a range of housing types, densities, designs, and meet existing and projected housing needs for all economic segments of Stockton; and
Policy HE-2.3: The City shall encourage and provide opportunities for a variety of housing types that provide market rate opportunities and promote balanced mixed-income neighborhoods.

All of this is accomplished in a development proposal that is compliant with applicable development standards within SMC Title 16 (Development Code).

B. The proposed Prezoning action will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the City because the RL, PF, and OS Zoning designations will, as noted above, be compatible with General Plan Land Use Map designation applicable to the site.

C. Pusuant to Public Resources Codes Section 21083.3(b) and California Environmental Quality Act (CEQA) Guidelines Section 15183, Projects which are consistent with the development density established by existing zoning, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.

Under CEQA Guidelines Section 15183(b), for such projects, a public agency’s 2596
examination of environmental effects shall be limited to effects that: (1) are peculiar to the project or the parcel on which the project would be located, (2) were not analyzed as significant effects in a prior EIR on the zoning action or general plan with which the project is consistent, (3) are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR, and (4) are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR.

CEQA Guidelines Section 15183(c) specifies that impacts which are not peculiar to the project site, and which have been addressed as a significant effect in the prior EIR or can be substantially mitigated by applying uniformly applied development standards and policies shall not require preparation of an additional EIR on the basis of that impact.

The proposed Project is consistent with the adopted Envision Stockton 2040 General Plan and its certified EIR (SCH# 2017052062), with City Council action taken on December 4, 2018. The Project is also consistent with the appliable general plan designation, density and all applicable general plan policies. Finally, a Section 15183 Consistency Checklist was prepared, and it demonstrates that the Project would not result in new or more severe significant impacts beyond those previously evaluated. In particular, the Section 15183 Consistency Checklist provides substantial evidence that the Project is consistent with the General Plan and the Project meets the requirements of the statutory exemption defined under Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183.

Based on specific examination of the Project and its site, the Section 15183 Consistency Checklist analysis demonstrates that the Project would not result in any significant impacts that: (1) were peculiar to the project or the project site; (2) were not identified as a significant effect in the General Plan EIR; or (3) were previously identified significant effects, and which as a result of substantial new information that was not known at the time that the General Plan EIR was certified, were determined to have a more severe adverse impact than discussed in the General Plan EIR. Further, the Section 15183 Consistency Checklist shows that any potential impacts of the Project or the site can and will be adequately addressed through uniformly applied development policies, standards, and existing legal and regulatory requirements (e.g., General Plan policies and actions, along with Federal, State, and local regulations), consistent with CEQA Guidelines Section 15183(c). Thus, the statutory exemption provided by Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183 applies here and no further environmental review under CEQA is required.

D. Based on the information included in the Project plans and through staff evaluation of the Project, the subject site would be physically suitable (including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designation and anticipated land use 2597
development.

SECTION II. PREZONING CLASSIFICATION
E. That the Zoning Map, particularly referred to in SMC Section 16.16.030, and by reference made a part hereof, said Code is hereby amended to provide the following zoning designations:

1. APN 120-020-27 to Residential, Low (RL) Open Space (OS) Public Facilites (PF);

2. APN 120-020-31 to Residential, Low (RL) Open Space (OS) Public Facilites (PF);

3. APN 120-020-32 to Residential, Low (RL) Open Space (OS) Public Facilites (PF);

4. APN 120-030-06 to Residential, Low (RL) Open Space (OS) Public Facilites (PF);

5. APN 120-020-30 to Residential, Low (RL) Open Space (OS) Public Facilites (PF);

6. APN 120-030-10 to Residential, Low (RL) Open Space (OS) Public Facilites (PF);

7. APN 120-020-26 to Public Facilities (PF);

8. APN 120-030-07 to Public Facilities (PF);

9. APN 120-030-09 to Public Facilities (PF);

10.APN 122-010-05 to Public Facilities (PF);

11.APN 124-010-01 to Public Facilities (PF);

12.APN 124-010-03 to Public Facilities (PF);

13.APN 124-010-07 to Public Facilities (PF);

14.APN 120-020-11 to Open Space (OS);

15.APN 120-020-12 to Open Space (OS)
//
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2598
SECTION III. SEVERABILITY
If any part of this Ordinance is held invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby declares that it would have passed the remainder of this Ordinance, if such invalid portion thereof had been deleted.

SECTION IV. EFFECTIVE DATE
This Ordinance shall take effect and be in full force thirty (30) days after its passage.

ADOPTED:

EFFECTIVE:

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
2599
JUNE 12, 2026
JOB NO.: 3562-000
PAGE 1 OF 12
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EXHIBIT A

BEAR CREEK SOUTH ZONING AREAS

REAL PROPERTY SITUATE IN THE UNINCORPORATED AREA OF SAN JOAQUIN COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

BEING PORTIONS OF THE LANDS DESCRIBED IN THAT QUITCLAIM DEED RECORDED SEPTEMBER 8, 2022 AS DOCUMENT NO. 2022-105528, THAT NOTICE OF LOT LINE ADJUSTMENT RECORDED AUGUST 21, 2008 AS DOCUMENT NO. 2008-137621, THAT RESOLUTION RECORDED APRIL 3, 1963 IN BOOK 2675, AT PAGE 1, THAT RESOLUTION RECORDED APRIL 3, 1963 IN BOOK 2675, AT PAGE 5, THAT EASEMENT DEED TO THE CITY OF STOCKTON RECORDED MARCH 10, 2008 AS DOCUMENT NO. 2008-038887, THAT EASEMENT DEED TO THE CITY OF STOCKTON RECORDED MARCH 10, 2008 AS DOCUMENT NO. 2008-038888, THAT EASEMENT DEED TO THE CITY OF STOCKTON RECORDED MARCH 10, 2008 AS DOCUMENT NO. 2008-038891, THAT EASEMENT DEED RECORDED APRIL 3, 2008 AS DOCUMENT NO. 2008-053542, AND THE 400-FOOT WIDE UNION PACIFIC RAIL ROAD

CONGRESSIONAL GRANT, ALL OFFICIAL RECORDS OF SAN JOAQUIN COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

CONSISTING OF EIGHT (8) AREAS MORE PARTICULARLY DESCRIBED AS FOLLOWS:

PF-01
COMMENCING AT THE SOUTHEAST CORNER OF RESULTANT PARCEL 1, AS DESCRIBED IN SAID DOCUMENT NO. 2008-137621;
THENCE, FROM SAID POINT OF COMMENCEMENT, NORTH 45°00’53” WEST 4054.90 FEET TO THE POINT OF BEGINNING;
THENCE, FROM SAID POINT OF BEGINNING, SOUTH 89°59'45" WEST 44.98 FEET; THENCE, ALONG THE ARC OF A TANGENT 80.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 09°22'27", AN ARC DISTANCE OF 13.09 FEET;
THENCE, NORTH 80°37'48" WEST 48.74 FEET;
THENCE, ALONG THE ARC OF A TANGENT 74.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 41°00'34", AN ARC DISTANCE OF 52.97 FEET;
THENCE, SOUTH 89°59'45" WEST 116.35 FEET;
EXHIBIT 1
2600
JUNE 12, 2026
JOB NO.: 3562-000
PAGE 2 OF 12
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THENCE NORTHWESTERLY, ALONG THE ARC OF A NON-TANGENT 528.00 FOOT RADIUS CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 88°33'31" WEST, THROUGH A CENTRAL ANGLE OF 44°19'12", AN ARC DISTANCE OF 408.42 FEET;
THENCE NORTHERLY, ALONG THE ARC OF A REVERSE 20.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 80°45'47", AN ARC DISTANCE OF

28.19 FEET;
THENCE, NORTH 35°00'07" EAST 8.49 FEET;
THENCE, ALONG THE ARC OF A TANGENT 472.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 54°59'39", AN ARC DISTANCE OF 453.04 FEET;
THENCE, NORTH 89°59'45" EAST 60.00 FEET;
THENCE, ALONG THE ARC OF A TANGENT 20.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC DISTANCE OF 31.42 FEET;
THENCE, SOUTH 00°00'15" EAST 260.83 FEET;
THENCE, ALONG THE ARC OF A TANGENT 90.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 09°22'27", AN ARC DISTANCE OF 14.72 FEET;
THENCE, SOUTH 09°22'12" WEST 48.74 FEET;
THENCE, ALONG THE ARC OF A TANGENT 64.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 26°18'10", AN ARC DISTANCE OF 29.38 FEET;
THENCE, SOUTH 46°14'51" WEST 40.24 FEET;
THENCE, SOUTH 00°00'15" EAST 197.53 FEET TO THE POINT OF BEGINNING.

CONTAINING 4.79 ACRES OF LAND, MORE OR LESS.

EXHIBIT 1
2601
JUNE 12, 2026
JOB NO.: 3562-000
PAGE 3 OF 12
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PF-02
COMMENCING AT THE SOUTHEAST CORNER OF RESULTANT PARCEL 1, AS DESCRIBED IN SAID DOCUMENT NO. 2008-137621;
THENCE, FROM SAID POINT OF COMMENCEMENT NORTH 19°44’29” WEST 3345.20 FEET TO THE POINT OF BEGINNING;
THENCE, FROM SAID POINT OF BEGINNING NORTH 89°52'30" WEST 450.96 FEET; THENCE, NORTH 46°18'44" WEST 4.13 FEET;
THENCE, NORTH 02°44'59" WEST 702.88 FEET;
THENCE, NORTH 43°41'16" EAST 4.35 FEET;
THENCE, SOUTH 89°52'30" EAST 486.21 FEET;
THENCE, SOUTH 00°07'30" WEST 708.00 FEET TO THE POINT OF BEGINNING.

CONTAINING 7.66 ACRES OF LAND, MORE OR LESS.

PF-03
COMMENCING AT THE SOUTHEAST CORNER OF RESULTANT PARCEL 1, AS DESCRIBED IN SAID DOCUMENT NO. 2008-137621;
THENCE, FROM SAID POINT OF COMMENCEMENT NORTH 41°27’20” WEST 2554.17 FEET TO THE POINT OF BEGINNING;
THENCE, FROM SAID POINT OF BEGINNING SOUTH 23°35'29" WEST 3.98 FEET; THENCE, SOUTH 65°07'30" WEST 258.98 FEET;
THENCE WESTERLY, ALONG THE ARC OF A TANGENT 799.99 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 12°07'40", AN ARC DISTANCE OF 169.33 FEET;
THENCE, SOUTH 77°15'10" WEST 154.69 FEET;
THENCE NORTHERLY, ALONG THE ARC OF A NON-TANGENT 959.00 FOOT RADIUS CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS NORTH 78°51'58" EAST, THROUGH A CENTRAL ANGLE OF 11°07'47", AN ARC DISTANCE OF 186.29 FEET; EXHIBIT 1
2602
JUNE 12, 2026
JOB NO.: 3562-000
PAGE 4 OF 12
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THENCE, NORTH 00°00'15" WEST 246.38 FEET;
THENCE, SOUTH 89°59'46" WEST 14.00 FEET;
THENCE, NORTH 00°00'15" WEST 394.00 FEET;
THENCE, NORTH 44°59'45" EAST 14.14 FEET;
THENCE, SOUTH 89°58'40" EAST 282.54 FEET;
THENCE, SOUTH 89°52'30" EAST 271.70 FEET;
THENCE, SOUTH 44°52'30" EAST 4.24 FEET;
THENCE, SOUTH 00°07'30" WEST 544.64 FEET;
THENCE, ALONG THE ARC OF A TANGENT 277.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 18°04'03", AN ARC DISTANCE OF 87.35 FEET TO THE POINT OF BEGINNING.

CONTAINING 9.71 ACRES OF LAND, MORE OR LESS.

PF-04
COMMENCING AT THE SOUTHEAST CORNER OF RESULTANT PARCEL 1, AS DESCRIBED IN SAID DOCUMENT NO. 2008-137621;
THENCE, FROM SAID POINT OF COMMENCEMENT NORTH 37°25’38” WEST TO THE POINT OF BEGINNING;
THENCE, FROM SAID POINT OF BEGINNING NORTH 89°52'30" WEST 364.37 FEET; THENCE, ALONG THE ARC OF A TANGENT 223.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 65°04'34", AN ARC DISTANCE OF 253.28 FEET;
THENCE, NORTH 24°47'56" WEST 120.32 FEET;
THENCE, NORTH 65°07'30" EAST 619.85 FEET;
EXHIBIT 1
2603
JUNE 12, 2026
JOB NO.: 3562-000
PAGE 5 OF 12
F:\3562-000\ACAD\SURVEY\LEGALS\3562-000_PLAT001_LG.doc
THENCE SOUTHERLY, ALONG THE ARC OF A NON-TANGENT 959.00 FOOT RADIUS CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 70°31'54" WEST, THROUGH A CENTRAL ANGLE OF 19°35'37", AN ARC DISTANCE OF 327.95 FEET; THENCE, SOUTH 00°07'30" WEST 178.51 FEET TO THE POINT OF BEGINNING.

CONTAINING 4.88 ACRES OF LAND, MORE OR LESS.

PF-05
COMMENCING AT THE SOUTHEAST CORNER OF RESULTANT PARCEL 1, AS DESCRIBED IN SAID DOCUMENT NO. 2008-137621;
THENCE, FROM SAID POINT OF COMMENCEMENT NORTH 71°49’02” WEST 3381.30 FEET TO THE POINT OF BEGINNING;
THENCE, FROM SAID POINT OF BEGINNING, SOUTH 00°07'30" WEST 235.55 FEET;
THENCE, ALONG THE ARC OF A TANGENT 98.95 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC DISTANCE OF 155.43 FEET;
THENCE, NORTH 89°52'30" WEST 460.70 FEET;
THENCE, NORTH 00°07'30" EAST 442.50 FEET;
THENCE, NORTH 45°07'28" EAST 4.24 FEET;
THENCE, SOUTH 89°52'30" EAST 319.64 FEET;
THENCE, ALONG THE ARC OF A TANGENT 87.42 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 09°29'23", AN ARC DISTANCE OF 14.48 FEET;
THENCE, SOUTH 80°31'18" EAST 48.83 FEET;
THENCE, ALONG THE ARC OF A TANGENT 64.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 54°10'34", AN ARC DISTANCE OF 60.52 FEET;
THENCE, SOUTH 44°41'57" EAST 168.66 FEET TO THE POINT OF BEGINNING.

EXHIBIT 1
2604
JUNE 12, 2026
JOB NO.: 3562-000
PAGE 6 OF 12
F:\3562-000\ACAD\SURVEY\LEGALS\3562-000_PLAT001_LG.doc
CONTAINING 5.52 ACRES OF LAND, MORE OR LESS.

PF-06
COMMENCING AT THE SOUTHEAST CORNER OF RESULTANT PARCEL 1, AS DESCRIBED IN SAID DOCUMENT NO. 2008-137621;
THENCE FROM SAID POINT OF COMMENCEMENT NORTH 09°39’01” WEST 86.38 FEET TO THE POINT OF BEGINNING;
THENCE, FROM SAID POINT OF BEGINNING NORTH 03°44’16” EAST 5427.23 FEET;
THENCE, SOUTH 89°52'30" EAST 20.04 FEET;
THENCE, NORTH 03°44'16" EAST 229.65 FEET;
THENCE, SOUTH 86°15'44" EAST 150.00 FEET;
THENCE, SOUTH 03°44'16" WEST 5,647.41 FEET;
THENCE, NORTH 89°52’30” 170.34 FEET TO THE POINT OF BEGINNING.

CONTAINING 21.96 ACRES OF LAND, MORE OR LESS.

PF-07
COMMENCING AT THE SOUTHEAST CORNER OF RESULTANT PARCEL 1, AS DESCRIBED IN SAID DOCUMENT NO. 2008-137621;
THENCE, FROM SAID POINT OF COMMENCEMENT NORTH 74°43’35” EAST 158.65 FEET TO THE POINT OF BEGINNING;
THENCE, FROM SAID POINT OF BEGINNING NORTH 89°52'30" WEST 4,606.52 FEET;
THENCE, NORTH 45°15'00" WEST 56.94 FEET;
THENCE, NORTH 00°37'38" WEST 2,054.99 FEET;
THENCE, NORTH 02°28'25" WEST 425.72 FEET;
THENCE, NORTH 86°37'27" EAST 16.99 FEET;
EXHIBIT 1
2605
JUNE 12, 2026
JOB NO.: 3562-000
PAGE 7 OF 12
F:\3562-000\ACAD\SURVEY\LEGALS\3562-000_PLAT001_LG.doc
THENCE, SOUTH 02°27'54" EAST 309.82 FEET;
THENCE, SOUTH 46°14'05" EAST 20.75 FEET;
THENCE, SOUTH 04°41'13" EAST 96.32 FEET;
THENCE, SOUTH 47°14'10" WEST 8.98 FEET;
THENCE, SOUTH 00°37'38" EAST 250.32 FEET;
THENCE, SOUTH 04°00'14" WEST 161.01 FEET;
THENCE, SOUTH 00°37'38" EAST 833.94 FEET;
THENCE, SOUTH 02°09'06" EAST 114.51 FEET;
THENCE, SOUTH 46°00'48" EAST 11.03 FEET;
THENCE, SOUTH 15°46'07" EAST 58.23 FEET;
THENCE, SOUTH 43°59'12" WEST 12.97 FEET;
THENCE, SOUTH 02°09'06" EAST 181.52 FEET;
THENCE, SOUTH 03°33'32" WEST 120.60 FEET;
THENCE, SOUTH 02°09'06" EAST 74.25 FEET;
THENCE, SOUTH 00°37'38" EAST 163.67 FEET;
THENCE, SOUTH 44°50'49" EAST 16.31 FEET;
THENCE, SOUTH 89°52'30" EAST 416.62 FEET;
THENCE, SOUTH 88°17'08" EAST 432.62 FEET;
THENCE, SOUTH 89°52'30" EAST 371.58 FEET;
THENCE, NORTH 45°07'30" EAST 12.02 FEET;
THENCE, NORTH 83°00'00" EAST 96.75 FEET;
EXHIBIT 1
2606
JUNE 12, 2026
JOB NO.: 3562-000
PAGE 8 OF 12
F:\3562-000\ACAD\SURVEY\LEGALS\3562-000_PLAT001_LG.doc
THENCE, SOUTH 44°52'30" EAST 12.02 FEET;
THENCE, SOUTH 89°52'30" EAST 245.51 FEET;
THENCE, SOUTH 82°16'50" EAST 90.80 FEET;
THENCE, SOUTH 89°52'30" EAST 901.40 FEET;
THENCE, NORTH 45°07'30" EAST 12.02 FEET;
THENCE, NORTH 83°00'15" EAST 96.75 FEET;
THENCE, SOUTH 44°52'30" EAST 12.02 FEET;
THENCE, SOUTH 89°52'30" EAST 245.98 FEET;
THENCE, SOUTH 82°16'52" EAST 90.80 FEET;
THENCE, SOUTH 89°52'30" EAST 800.75 FEET;
THENCE, NORTH 45°07'30" EAST 12.02 FEET;
THENCE, NORTH 83°00'00" EAST 96.75 FEET;
THENCE, SOUTH 44°52'30" EAST 12.02 FEET;
THENCE, SOUTH 89°52'30" EAST 257.49 FEET;
THENCE, SOUTH 82°16'49" EAST 90.80 FEET;
THENCE, SOUTH 89°52'30" EAST 325.79 FEET;
THENCE, SOUTH 03°44'16" WEST 43.08 FEET TO THE POINT OF BEGINNING.

CONTAINING 6.46 ACRES OF LAND, MORE OR LESS.

OS-01
COMMENCING AT THE SOUTHEAST CORNER OF RESULTANT PARCEL 1, AS DESCRIBED IN SAID DOCUMENT NO. 2008-137621;
THENCE, FROM SAID POINT OF COMMENCEMENT NORTH 03°44’16” EAST 5512.52 FEET TO THE POINT OF BEGINNING;
EXHIBIT 1
2607
JUNE 12, 2026
JOB NO.: 3562-000
PAGE 9 OF 12
F:\3562-000\ACAD\SURVEY\LEGALS\3562-000_PLAT001_LG.doc
THENCE, NORTH 89°52'30" WEST 872.78 FEET;
THENCE, ALONG THE ARC OF A TANGENT 1,031.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 29°22'19", AN ARC DISTANCE OF 528.53 FEET;
THENCE, SOUTH 60°45'11" WEST 677.53 FEET;
THENCE, ALONG THE ARC OF A TANGENT 781.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 12°01'01", AN ARC DISTANCE OF 163.80 FEET;
THENCE, SOUTH 48°44'10" WEST 564.16 FEET;
THENCE, ALONG THE ARC OF A TANGENT 222.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 23°30'51", AN ARC DISTANCE OF 91.11 FEET;
THENCE, SOUTH 72°15'01" WEST 140.26 FEET;
THENCE, ALONG THE ARC OF A TANGENT 225.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 18°13'35", AN ARC DISTANCE OF 71.57 FEET;
THENCE, NORTH 89°31'24" WEST 341.32 FEET;
THENCE, ALONG THE ARC OF A TANGENT 278.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 41°58'06", AN ARC DISTANCE OF 203.63 FEET;
THENCE, SOUTH 48°30'30" WEST 554.13 FEET;
THENCE, ALONG THE ARC OF A TANGENT 278.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 03°30'28", AN ARC DISTANCE OF 17.02 FEET;
THENCE, SOUTH 45°00'01" WEST 105.13 FEET;
THENCE, ALONG THE ARC OF A TANGENT 222.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 03°27'07", AN ARC DISTANCE OF 13.38 FEET;
EXHIBIT 1
2608
JUNE 12, 2026
JOB NO.: 3562-000
PAGE 10 OF 12
F:\3562-000\ACAD\SURVEY\LEGALS\3562-000_PLAT001_LG.doc
THENCE, SOUTH 48°27'09" WEST 165.74 FEET;
THENCE, ALONG THE ARC OF A TANGENT 278.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 13°27'02", AN ARC DISTANCE OF 65.26 FEET;
THENCE, SOUTH 35°00'07" WEST 863.20 FEET;
THENCE, ALONG THE ARC OF A TANGENT 281.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 01°48'04", AN ARC DISTANCE OF 8.83 FEET;
THENCE, SOUTH 33°12'02" WEST 276.81 FEET;
THENCE, ALONG THE ARC OF A TANGENT 686.50 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 10°39'52", AN ARC DISTANCE OF 127.78 FEET;
THENCE, ALONG THE ARC OF A REVERSE 92.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 03°21'52", AN ARC DISTANCE OF 5.40 FEET;
THENCE, SOUTH 25°54'02" WEST 36.08 FEET;
THENCE SOUTHERLY, ALONG THE ARC OF A TANGENT 62.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 64°46'24", AN ARC DISTANCE OF

70.09 FEET;
THENCE, SOUTH 51°07'38" WEST 174.60 FEET;
THENCE, NORTH 02°27'54" WEST 155.22 FEET;
THENCE, NORTH 58°04'17" EAST 2.86 FEET;
THENCE, NORTH 45°04'17" EAST 100.00 FEET;
THENCE, NORTH 25°34'17" EAST 300.00 FEET;
THENCE, NORTH 29°59'17" EAST 600.00 FEET;
THENCE, NORTH 34°54'17" EAST 560.00 FEET;
THENCE, NORTH 58°04'17" EAST 600.00 FEET;
EXHIBIT 1
2609
JUNE 12, 2026
JOB NO.: 3562-000
PAGE 11 OF 12
F:\3562-000\ACAD\SURVEY\LEGALS\3562-000_PLAT001_LG.doc
THENCE, NORTH 47°49'17" EAST 175.00 FEET;
THENCE, NORTH 40°24'17" EAST 300.00 FEET;
THENCE, NORTH 87°19'17" EAST 75.00 FEET;
THENCE, SOUTH 71°40'43" EAST 300.00 FEET;
THENCE, NORTH 85°34'17" EAST 150.00 FEET;
THENCE, NORTH 64°49'17" EAST 303.19 FEET;
THENCE, NORTH 02°44'59" WEST 167.61 FEET;
THENCE, NORTH 43°18'39" EAST 225.05 FEET;
THENCE, NORTH 57°27'39" EAST 201.25 FEET;
THENCE, NORTH 62°57'39" EAST 272.00 FEET;
THENCE, NORTH 37°27'39" EAST 328.76 FEET;
THENCE, NORTH 61°58'39" EAST 227.52 FEET;
THENCE, NORTH 34°24'39" EAST 231.08 FEET;
THENCE, NORTH 76°49'39" EAST 74.27 FEET;
THENCE, SOUTH 66°44'21" EAST 73.25 FEET;
THENCE, SOUTH 49°52'21" EAST 187.39 FEET;
THENCE, SOUTH 73°05'21" EAST 153.97 FEET;
THENCE, SOUTH 87°08'21" EAST 285.17 FEET;
THENCE, NORTH 78°45'39" EAST 173.60 FEET;
THENCE, NORTH 63°06'39" EAST 297.56 FEET;
THENCE, SOUTH 88°28'21" EAST 86.79 FEET;
EXHIBIT 1
2610
JUNE 12, 2026
JOB NO.: 3562-000
PAGE 12 OF 12
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THENCE, SOUTH 60°52'03" EAST 52.83 FEET;
THENCE, SOUTH 60°52'21" EAST 95.09 FEET;
THENCE, SOUTH 03°44'16" WEST 229.65 FEET TO THE POINT OF BEGINNING.

CONTAINING 22.93 ACRES OF LAND, MORE OR LESS.

ATTACHED HERETO IS EXHIBIT B, A PLAT TO ACCOMPANY LEGAL DESCRIPTION, AND BY THIS REFERENCE MADE A PART HEREOF.

END OF DESCRIPTION
EXHIBIT 1
2611
F:\3562-000\ACAD\SURVEY\PLATS\PLAT_001 NEW PARCELS\3562_PLAT 001 NEW PARCELS_2026.11.06.DWG JUNE 10, 2026 SHEET 1 OF 12

BEAR CREEK SOUTH ZONING AREAS

UNINCORPORATED AREA OF SAN JOAQUIN COUNTY, CALIFORNIA

PLAT TO ACCOMPANY DESCRIPTION

EXHIBIT B
JOB NO. 3562-000

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
EXHIBIT 1
2612
PF-01
F:\3562-000\ACAD\SURVEY\PLATS\PLAT_001 NEW PARCELS\3562_PLAT 001 NEW PARCELS_2026.11.06.DWG SHEET 2 OF 12
JOB NO. 3562-000

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JUNE 10, 2026

BEAR CREEK SOUTH ZONING AREAS

UNINCORPORATED AREA OF SAN JOAQUIN COUNTY, CALIFORNIA

PLAT TO ACCOMPANY DESCRIPTION

EXHIBIT B
EXHIBIT 1
2613
PF-02
F:\3562-000\ACAD\SURVEY\PLATS\PLAT_001 NEW PARCELS\3562_PLAT 001 NEW PARCELS_2026.11.06.DWG SHEET 3 OF 12
JOB NO. 3562-000

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JUNE 10, 2026

BEAR CREEK SOUTH ZONING AREAS

UNINCORPORATED AREA OF SAN JOAQUIN COUNTY, CALIFORNIA

PLAT TO ACCOMPANY DESCRIPTION

EXHIBIT B
EXHIBIT 1
2614
PF-03
F:\3562-000\ACAD\SURVEY\PLATS\PLAT_001 NEW PARCELS\3562_PLAT 001 NEW PARCELS_2026.11.06.DWG SHEET 4 OF 12
JOB NO. 3562-000

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JUNE 10, 2026

BEAR CREEK SOUTH ZONING AREAS

UNINCORPORATED AREA OF SAN JOAQUIN COUNTY, CALIFORNIA

PLAT TO ACCOMPANY DESCRIPTION

EXHIBIT B
EXHIBIT 1
2615
PF-04
F:\3562-000\ACAD\SURVEY\PLATS\PLAT_001 NEW PARCELS\3562_PLAT 001 NEW PARCELS_2026.11.06.DWG SHEET 5 OF 12
JOB NO. 3562-000

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JUNE 10, 2026

BEAR CREEK SOUTH ZONING AREAS

UNINCORPORATED AREA OF SAN JOAQUIN COUNTY, CALIFORNIA

PLAT TO ACCOMPANY DESCRIPTION

EXHIBIT B
EXHIBIT 1
2616
PF-05
F:\3562-000\ACAD\SURVEY\PLATS\PLAT_001 NEW PARCELS\3562_PLAT 001 NEW PARCELS_2026.11.06.DWG SHEET 6 OF 12
JOB NO. 3562-000

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JUNE 10, 2026

BEAR CREEK SOUTH ZONING AREAS

UNINCORPORATED AREA OF SAN JOAQUIN COUNTY, CALIFORNIA

PLAT TO ACCOMPANY DESCRIPTION

EXHIBIT B
EXHIBIT 1
2617
PF-06
PF-06
F:\3562-000\ACAD\SURVEY\PLATS\PLAT_001 NEW PARCELS\3562_PLAT 001 NEW PARCELS_2026.11.06.DWG SHEET 7 OF 12
JOB NO. 3562-000

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456

MATCHLINE RIGHT

MATCHLINE LEFT
JUNE 10, 2026

BEAR CREEK SOUTH ZONING AREAS

UNINCORPORATED AREA OF SAN JOAQUIN COUNTY, CALIFORNIA

PLAT TO ACCOMPANY DESCRIPTION

EXHIBIT B
EXHIBIT 1
2618
PF-07
F:\3562-000\ACAD\SURVEY\PLATS\PLAT_001 NEW PARCELS\3562_PLAT 001 NEW PARCELS_2026.11.06.DWG SHEET 8 OF 12
JOB NO. 3562-000

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456 MATCHLINE LEFT MATCHLINE RIGHT
JUNE 10, 2026

PLAT TO ACCOMPANY DESCRIPTION

EXHIBIT B

BEAR CREEK SOUTH ZONING AREAS

UNINCORPORATED AREA OF SAN JOAQUIN COUNTY, CALIFORNIA
EXHIBIT 1
2619
OS-01
F:\3562-000\ACAD\SURVEY\PLATS\PLAT_001 NEW PARCELS\3562_PLAT 001 NEW PARCELS_2026.11.06.DWG SHEET 9 OF 12
JOB NO. 3562-000

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456

MATCHLINE RIGHT

MATCHLINE LEFT
JUNE 10, 2026

PLAT TO ACCOMPANY DESCRIPTION

EXHIBIT B

BEAR CREEK SOUTH ZONING AREAS

UNINCORPORATED AREA OF SAN JOAQUIN COUNTY, CALIFORNIA
EXHIBIT 1
2620
F:\3562-000\ACAD\SURVEY\PLATS\PLAT_001 NEW PARCELS\3562_PLAT 001 NEW PARCELS_2026.11.06.DWG SHEET 10 OF 12
JOB NO. 3562-000

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JUNE 10, 2026

PLAT TO ACCOMPANY DESCRIPTION

EXHIBIT B

BEAR CREEK SOUTH ZONING AREAS

UNINCORPORATED AREA OF SAN JOAQUIN COUNTY, CALIFORNIA
EXHIBIT 1
2621
F:\3562-000\ACAD\SURVEY\PLATS\PLAT_001 NEW PARCELS\3562_PLAT 001 NEW PARCELS_2026.11.06.DWG SHEET 11 OF 12
JOB NO. 3562-000

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JUNE 10, 2026

PLAT TO ACCOMPANY DESCRIPTION

EXHIBIT B

BEAR CREEK SOUTH ZONING AREAS

UNINCORPORATED AREA OF SAN JOAQUIN COUNTY, CALIFORNIA
EXHIBIT 1
2622
F:\3562-000\ACAD\SURVEY\PLATS\PLAT_001 NEW PARCELS\3562_PLAT 001 NEW PARCELS_2026.11.06.DWG SHEET 12 OF 12
JOB NO. 3562-000

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JUNE 10, 2026

PLAT TO ACCOMPANY DESCRIPTION

EXHIBIT B

BEAR CREEK SOUTH ZONING AREAS

UNINCORPORATED AREA OF SAN JOAQUIN COUNTY, CALIFORNIA
EXHIBIT 1
2623
ORDINANCE NO.

AN ORDINANCE APPROVING THE DEVELOPMENT AGREEMENT FOR THE BEAR

CREEK SOUTH RESIDENTIAL PROJECT

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

SECTION I. Findings
Pursuant to Stockton Municipal Code Section 16.128.080, the City Council of the City of Stockton hereby finds:
a. The Development Agreement, included as Exhibit 1, is in the best interests of the City, as it would dedicate the land, at no cost to the City, and fund the design and construction of the four (4) neighborhood parks and a park that surrounds the central stormwater detention basin in accordance with and subject to The Bear Creek South Parks Program (attached as Exhibit E of the Development Agreement), as well as provide for short-term job creation for development of the Bear Creek South Project.
b. The Development Agreement complies with the City Development Code and other applicable ordinances and regulations, particularly the regulations of Chapter 16.128 pertaining to development agreements.
c. The Development Agreement is consistent with the general land uses, objectives, policies, and programs of the General Plan, any applicable specific plan or master development plan. The Development Agreement provides Bear Creek South the opportunity to provide much needed housing in Stockton, consistent with the General Plan goals and policies, including the creation of jobs.
d. The Development Agreement will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare in that projects constructed pursuant to it are required to comply with all health and safety regulations, zoning requirements, infrastructure provision, and General Plan policies.
e. The Development Agreement complies with the conditions, requirements, restrictions, and terms of Section 16.128.060(B) (Preparation and Content - Proposed Development Agreement).
f. The Development Agreement complies with the provisions of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. The proposed Project is consistent with the adopted Envision Stockton 2040 General Plan and its certified EIR (SCH# 2017052062), with City Council 2624
2 action taken on December 4, 2018. The Project is also consistent with the appliable general plan designation, density and all applicable general plan policies. A Section 15183 Consistency Checklist was prepared (Exhibit 2), which demonstrates that the Project would not result in new or more severe significant impacts beyond those previously evaluated. In particular, the Section 15183 Consistency Checklist provides substantial evidence that the Project is consistent with the General Plan and the Project meets the requirements of the statutory exemption defined under Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183.

Further, the Section 15183 Consistency Checklist shows that any potential impacts of the Project or the site will be addressed through uniformly applied development policies, standards, and existing legal and regulatory requirements (e.g., General Plan policies and actions, along with Federal, State, and local regulations), consistent with CEQA Guidelines Section 15183(c). Thus, the statutory exemption provided by Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183 applies here and no further environmental review under CEQA is required.
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2625
3 SECTION II. Development Agreement
Pursuant to Stockton Municipal Code Section 16.128.070, the Stockton City Council has conducted a public hearing on July 7, 2026, and hereby approves the Development Agreement for the Bear Creek South Residential Project, attached as Exhibit 1 in substantially the form to be executed, based on the above findings.

SECTION III. Effective Date
This Ordinance shall take effect and be in full force thirty (30) days after its passage.

ADOPTED:

EFFECTIVE:

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
2626
City of Stockton
425 N. El Dorado St, 1st Floor
Stockton, CA 95202
Attention: City Clerk
Record for the Benefit of
The City of Stockton
Pursuant to Government Code
Section 27383
Space Above Reserved for Recorder’s Use Only
Effective Date: , 2025
EXHIBIT 1
2627
EXHIBIT 1
2628

TABLE OF CONTENTS
[To be revised]
Page
ARTICLE 1. DEFINITIONS ...........................................................................................................

ARTICLE 2. LAFCO CONDITION; REPRESENTATIONS AND WARRANTIES ...................

ARTICLE 3. EFFECTIVE DATE AND TERM .............................................................................

ARTICLE 4. DEVELOPMENT RIGHTS; APPLICABLE LAWS................................................

ARTICLE 5. FEES AND FEE CREDITS.......................................................................................

ARTICLE 6. POTENTIAL CFD FOR CAPITAL IMPROVEMENTS .............................................

ARTICLE 7. COMPLIANCE WITH LAWS; COMMUNITY BENEFITS...................................

ARTICLE 8. COOPERATION AND IMPLEMENTATION.........................................................

EXHIBIT 1
2629

TABLE OF CONTENTS
(continued)
Page
ARTICLE 9. THIRD PARTY LEGAL CHALLENGE, IMDEMNITY AND
INSURANCE ........................................................................................................

ARTICLE 10. ANNUAL REVIEW ................................................................................................

ARTICLE 11. MORTGAGEE PROTECTION...............................................................................

ARTICLE 12. AMENDMENT OF AGREEMENT AND PROJECT APPROVALS....................

ARTICLE 13. ASSIGNMENT........................................................................................................

EXHIBIT 1
2630

TABLE OF CONTENTS
(continued)
Page
ARTICLE 14. DEFAULT; REMEDIES; TERMINATION ...........................................................

ARTICLE 15. MISCELLANEOUS PROVISIONS........................................................................

EXHIBIT 1
2631

TABLE OF CONTENTS
(continued)
Page
EXHIBIT 1
2632

DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (“Agreement”) dated for reference purposes as of , 2025 (“Agreement Date”), is entered into by and between TRI POINTE HOMES-SD, INC., a California corporation (“TPH”), BEAR CREEK FAMILY LIMITED PARTNERSHIP, a California limited partnership (“Klein”), and LA MORADA PARTNERSHIP, a California limited partnership (“LMP”) (TPH, Klein, and LMP are sometimes referred to herein individually as an “Owner” and collectively as “Developer” or the “Owners”), and the CITY OF STOCKTON, a California municipal corporation (“City”). Developer and City are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”

R E C I T A L S
This Agreement is entered into on the basis of the following facts, understandings and intentions of the Parties. The following recitals are a substantive part of this Agreement; capitalized terms used herein and not otherwise defined are defined in Article 1 of this Agreement.

A. In order to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic costs and risks of development, the Legislature of the State of California enacted section 65864 et seq. of the Government Code (“Development Agreement Statute”), which authorizes a city and a developer having a legal or equitable interest in real property to enter into a binding, long-term development agreement, establishing certain development rights in the property.

B. In accordance with the Development Agreement Statute, the City Council has adopted a development agreement ordinance codified as Chapter 16.128 of the City’s Municipal Code (“Development Agreement Ordinance”), which authorizes the execution of development agreements and sets forth the required contents and form of those agreements. The provisions of the Development Agreement Statute and the City’s Development Agreement Ordinance are collectively referred to herein as the “Development Agreement Law.”
C. Owners collectively hold a legal or equitable interest in that certain approximately 504- acre real property, as defined by Government Code subsections 65865(a) and (b), located within the unincorporated area of the County of San Joaquin (the “County”) commonly known as the Bear Creek South Project (the “Property”). The Property is currently comprised of six (6) separate Assessors Parcels bearing Parcel Numbers 120-020-270, 120-020-300, 120-020-310, 120-020-320, 120-030-060, and 120-030-100. Each Owner owns the portion of the Property described in Recital N below. The Property is more particularly described and depicted in Exhibits A-1 and A-2 attached hereto and incorporated herein.

D. The Project (defined below) was determined to be exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15183 as a project consistent with both the 2040 General Plan and its accompanying EIR. CEQA Guidelines Section 15183 states, in relevant part, “Where the prior EIR relied upon by the lead agency was prepared for a general plan or community plan that meets the requirements of this section, any rezoning action consistent with the general plan or community plan shall be treated as a project subject to this section.” EXHIBIT 1
2633
E. Not later than fourteen (14) days following its execution of this Agreement, the City will submit an application to the Local Agency Formation Commission (“LAFCO”) to annex the Property into the City (the “Annexation Proceedings”).

F. This Agreement sets forth, among other things, the applicable fees, policies and zoning requirements that apply to development of the Property and is intended by the City and Developer to provide Developer with vested rights to develop the Property in accordance with the terms and conditions of this Agreement. Consistent with the State policy expressed by Government Code section 65864, this Agreement is intended to reduce the uncertainty of the planning and entitlement process which can result in waste of resources and escalation of development costs; provide certain assurances to Developer that upon successful completion of the Annexation Proceedings Developer may proceed with development of the Property in accordance with the Project Approvals and Applicable Law (as defined herein) and subject to the terms of this Agreement; strengthen the public planning process; encourage private participation in comprehensive planning; and reduce the economic costs of development.

G. The Planning Commission on ______________ , recommended, by adoption of Resolution No. 2025-__________ and 2025-____________, that the City Council take the following actions:

1. Approve each of the three (3) Tentative Maps

2. Approve Prezoning,

3. Authorize City Staff to submit Annexation request to San Joaquin LAFCo

4. Certify CEQA
H. Prior to its approval of this Agreement, the City Council took the following actions to review and plan for the future development and use of the Property (collectively, the “Existing Approvals”):

1. Approved each of the three (3) Tentative Maps

2. Approved Prezoning

3. Authorized City Staff to submit Annexation request to San Joaquin LAFCo

4. Certified CEQA

5. Authorized Staff to Execute Development Agreement
I. Under this Agreement, Developer will provide substantial public benefits to the City through its development of the Property and the Project as described herein, including:

1. The Project will dedicate the land, at no cost to the City, and fund the design and construction of the four (4) neighborhood parks and a park that surrounds the central stormwater detention basin (“Project Parks”) in accordance with and subject to The Bear Creek South Parks Program attached hereto as Exhibit E and made a part hereof (the “Parks Program”). The cost of designing and constructing the Project Parks shall be eligible for earned PFF Credits as provided herein and detailed in Section 5.3.

2. The Project will generate short-term construction jobs related to Property development, including Property grading, infrastructure and building construction, consistent with City EXHIBIT 1
2634
objectives for creating employment opportunities for residents.

J. As provided in Article 6 of this Agreement, the Parties intend to work in good faith to consider potential use of public financing under the Mello-Roos Community Facilities Act of 1982 (Government Code sections 53311 et seq.) (“Mello-Roos Act”) for certain Public Benefit Facilities needed in connection with the Project. The financing of such facilities through a Mello- Roos Act community facilities district would fulfill the express legislative goals of the Development Agreement Statute; strengthen the public planning process by linking development rights to financing of public facilities; encourage participation by private landowners in the comprehensive planning required by such financing; reduce economic risk and costs of development by spreading the costs of needed facilities over time; and allow Developer, in exchange for voluntary participation in such financing programs, to proceed with development in accordance with existing City policies, rules and regulations.

K. For the reasons recited herein, City and Developer have determined that the Project is a development for which this Agreement is appropriate. This Agreement will eliminate uncertainty regarding Project Approvals, thereby encouraging planning for, investment in, and commitment to use and development of the Property. Development of the Property in accordance with the terms of this Agreement will in turn provide substantial public benefits to the City, thereby achieving the goals and purposes for which the Development Agreement Law was enacted.

L. The terms and conditions of this Agreement have undergone review by City staff, the Planning Commission and the City Council at publicly noticed meetings, and have been found to be fair, just and reasonable, in conformance with the Development Agreement Law and consistent with the goals, policies, standards and land use designations specified in the General Plan, and consistent with the requirement under Government Code Section 65867.5, and further, the City Council finds that the economic interests of City’s citizens and the public health, safety and welfare will be best served by entering into this Agreement.

M. The City Council approved this Agreement by Ordinance No. , adopted by the City Council on , 2025 (“Enacting Ordinance”).

N. THP is the Owner of Assessor Parcel nos. 120-020-30 and 120-030-10; Klein is the Owner of Assessor Parcel nos. 120-030-06, 120-020-32 and 120-020-31; and LMP is the Owner of Assessor Parcel no. 120-020-27. Each Owner or Assignee shall be responsible for interfacing with the City for all matters related to their respective portions of the Property and the Tentative Maps and Conditions of Approval relating thereto, all as identified by the assessor parcel numbers.

NOW, THEREFORE, in consideration of the mutual promises, covenants and provisions set forth herein, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows:

A G R E E M E N T
ARTICLE 1.

DEFINITIONS
“Agreement” means this Development Agreement and all Exhibits hereto.

EXHIBIT 1
2635
“Assignee” means any person, partnership, joint venture, firm, company, corporation or other business entity to which all or a portion of the Property is sold, assigned, transferred, or conveyed, along with such rights, duties and obligations under this Agreement with respect to all or that portion of the Property which is sold, assigned transferred, ground leased or conveyed pursuant to an Assignment and Assumption Agreement, as provided in Article 13 herein. Notwithstanding the foregoing, through the Assignment and Assumption Agreement, Developer may reserve and retain certain rights and benefits contained in this Agreement or created as a result of this Agreement and may withhold the transfer of such rights to any Assignee pursuant to such agreement executed by the Assignee.
“Assignment and Assumption Agreement” means such agreement that Developer shall be required to enter into, in order to retain certain rights and benefits, and to partially allocate certain rights and benefits to an Assignee, as provided herein and as detailed in Section 13.4 and Exhibit D of this Agreement.
“Conditions of Approval” means all conditions of approval to the Existing Approvals, which have been required by the City as a condition of regulatory approval of the Project, including (without limitation) any tentative tract maps, and which the affected Owner has reviewed and consented to, as set forth in Exhibit B attached hereto and made a part hereof. “Consultant Fees” is defined in Section 5.3.
“Default” is defined in Section 14.1.
“Developer” means TPH, Klein, and LMP, and their permitted successors and assignees. “Development Agreement Law” is defined in Recital B.
“Development Agreement Ordinance” is defined in Recital B. “Development Agreement Statute” is defined in Recital A. “Effective Date” means the date that this Agreement becomes effective as determined under Section 3.1.
“Enacting Ordinance” refers to the Ordinance identified in Recital L. “Existing Approvals” is defined in Recital G.
“First Extension Term” is defined in Section 3.2.2.
“Fee Credits” means credits for Impact Fees as provided by Section 16.72.260 of the City of Stockton Municipal Code.
“Final” means the date on which (1) all applicable appeal periods for the filing of any administrative appeal challenging the issuance or effectiveness of each of the Existing Approvals and this Agreement shall have expired and no such appeal shall have been filed; (2) in the event of any EXHIBIT 1
2636
administrative appeal or Litigation Challenge challenging any of the Existing Approvals and/or this Agreement, that the administrative appeal or Litigation Challenge is settled or there is a final determination or judgment upholding the Existing Approvals and this Agreement, as applicable, and the administrative appeal or Litigation Challenge is no longer subject to appeal. “General Plan” means the Envision Stockton 2040 General Plan of the City of Stockton adopted by the City Council on December 4, 2018.
“Impact Fees” means the monetary amount charged by City in connection with a development project for the purpose of defraying all or a portion of the cost of mitigating the impacts of the development project or development of the public facilities related to the development project, including, any “fee” as that term is defined by Government Code section 66000(b). “Impact Fees” includes any impact fees imposed by the City under the City’s Municipal Code, as it may be amended or replaced from time to time. Impact Fees do not include other fees from governmental agencies outside of the City of Stockton purview.
“Initial Term” is defined in Section 3.2.1.
“LAFCO” is defined in Recital D.
“Litigation Challenge” is defined in Section 9.1.1.

“Litigation Delay” is defined in Section 15.4.2.
“Major Modification” is defined in Section 12.2.
“Mello-Roos Act” is defined in Recital I.
“Minor Modification” is defined in Section 12.2.
“Mortgage” means any mortgage, deed of trust, security agreement, and other like security instrument encumbering all or any portion of the Property, or any of the Developer’s rights under this Agreement.
“Mortgagee” means the holder of any Mortgage, and any successor, assignee or transferee of any such Mortgage holder.
“Municipal Code” means and refers to the Municipal Code of the City of Stockton, as amended from time to time.
“New City Laws” means and includes any ordinances, resolutions, orders, rules, official policies, standards, specifications, guidelines or other regulations, which are promulgated or adopted by the City (including but not limited to any City agency, body, department, officer or employee) or its electorate (through their power of initiative or otherwise) after the Effective Date. “Notice of Breach” is defined in Section 14.1.
“Party/Parties” is defined in the introductory paragraph preceding the Recitals of this Agreement.

EXHIBIT 1
2637
“Permitted Delay” is defined in Section 15.4.1.
“PFF Impact Fees” means Impact Fees imposed by the City under the City’s Municipal Code, as it may be amended or replaced from time to time. “Planning Commission” means the Planning Commission of the City of Stockton. “Processing Fees” means all fees charged on a City-wide basis to cover the cost of City processing of Subsequent Approvals and further including any required supplemental or further environmental review, plan checking, inspection and monitoring at the rates which are in effect at the time those permits, approvals, parcel and/or subdivision maps, entitlements, reviews or inspections are applied for or requested.
“Project” means the improvements and development of the Properties consistent with each of the three (3) Tentative Maps as residential developments with complimentary uses, such as parks, open space and public facilities in accordance with the Existing Approvals and the Subsequent Approvals. Each Tentative Map and related approvals shall be set up to be a standalone “project” that is not dependent on any of the other Tentative Maps to move forward. Each Tentative Map and approvals shall factor in necessary offsite improvements and connections that will allow the adjacent tentative map or maps to proceed. “Project Approvals” means the Existing Approvals and, when and as approved in accordance with the terms of this Agreement, the Subsequent Approvals. The Project Approvals shall include the Conditions of Approval.
“Property” is defined in Recital C.
“Second Extension Term” is defined in Section 3.2.2.
“Subdivision Map Act” means California Government Code sections 66410 through 66499.58, as it may be amended from time to time.
“Subsequent Approvals” is defined in Section 8.1.
“Term” is defined in Section 3.2.1.

ARTICLE 2.

LAFCO CONDITION; REPRESENTATIONS AND WARRANTIES
LAFCO Annexation. The Parties hereby acknowledge that pursuant to Government Code subsection 65865(b), this Agreement shall not become operative unless and until the Property is annexed to the City; provided, however, that the Parties’ obligations in this Section 2.1 shall be effective and binding on the Parties immediately upon the Effective Date. The Parties agree to cooperate diligently and in good faith to submit an annexation application to LAFCO as soon as practicable following the Effective Date. The Parties further agree that this Agreement shall automatically terminate if the Annexation Proceedings have not been successfully completed on or before the Annexation Deadline (defined below), and as a result of such termination this Agreement shall be entirely null and void. Subject to potential extension as provided herein, the “Annexation EXHIBIT 1
2638
Deadline” shall be December 31, 2026. The Annexation Deadline shall be subject to automatic extension in the event of Litigation Challenge as provided in Section 15.4.2 and may also be extended by mutual agreement of the Parties, each in its sole and absolute discretion. To avoid uncertainty, the Parties acknowledge that the action which must occur to successfully complete the Annexation Proceedings by the Annexation Deadline is issuance of the Certificate of Completion by LAFCO. The date upon which LAFCO issues such Certificate of Completion shall be the “Annexation Date”. In the event this Agreement is terminated or deemed terminated as a result of the inability or failure to successfully complete the Annexation Proceedings by the Annexation Deadline then, upon request by either Party, City and Developer shall execute, acknowledge and record in the Official Records a memorandum of termination memorializing the termination of this Agreement.

City Representations and Warranties. City represents and warrants to Developer that:

2.2.1 Corporate Formation and Powers. City is a municipal corporation, and has all necessary powers under the laws of the State of California to enter into and perform the undertakings and obligations of City under this Agreement.

2.2.2 Duly Authorized. The execution and delivery of this Agreement and the performance of the obligations of City hereunder have been duly authorized by all necessary City Council action and all necessary approvals have been obtained.

2.2.3 Valid Obligation. This Agreement is a valid obligation of City and is enforceable in accordance with its terms.

The foregoing representations and warranties are made as of the Agreement Date. During the Term of this Agreement, City shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Section 2.2 not to be true, immediately give written notice of such fact or condition to Developer.

Developer Representations and Warranties. Developer represents and warrants to City that:

2.3.1 Company Formation and Powers. Each Owner is duly organized, validly existing and in good standing under the laws of the State of California and is authorized to conduct business in California and has all necessary powers under the laws of the State of California to own property and in all other respects enter into and perform the undertakings and obligations of Developer under this Agreement.

2.3.2 Duly Authorized. The execution and delivery of this Agreement and the performance of the obligations of Developer hereunder have been duly authorized by all necessary corporate, partnership or company action and all necessary shareholder, member or partner approvals, as applicable, have been obtained.

2.3.3 Valid Obligation. This Agreement is a valid obligation of Developer and is enforceable in accordance with its terms.

2.3.4 Developer’s Property Interest. Developer has a legal or equitable interest in the parcels comprising the Property.

EXHIBIT 1
2639

2.3.5 No Bankruptcy. Developer has not (a) made a general assignment for the benefit of creditors; (b) filed any voluntary petition in bankruptcy or suffered the filing of any involuntary petition by Developer’s creditors; (c) suffered the appointment of a receiver to take possession of all, or substantially all, of Developer’s assets; (d) suffered the attachment or other judicial seizure of all, or substantially all, of Developer’s assets; or (e) admitted in writing its inability to pay its debts as they come due.

The foregoing representations and warranties are made as of the Agreement Date.

During the Term of this Agreement, Developer shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Section 2.3 not to be true, immediately give written notice of such fact or condition to City.

ARTICLE 3.

EFFECTIVE DATE AND TERM
Effective Date. The Effective Date of this Agreement (“Effective Date”) shall be the later of (a) the date that is thirty (30) days after the date the Enacting Ordinance is adopted, or (b) the date this Agreement is fully executed by the Parties. Said date shall function as the Effective Date for purposes of this Agreement even if, as anticipated by the Parties, the Annexation Date occurs later. The Parties acknowledge that section 65868.5 of the Development Agreement Statute requires that this Agreement be recorded with the County Recorder no later than ten (10) days after the City enters into this Agreement, and that the burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all permitted successors in interest to the Parties to this Agreement. The City Clerk shall cause such recordation.

Term.

3.2.1 Initial Term of Agreement. Subject to extension for Litigation Delay as provided in Section 15.4.2 below, the “Initial Term” of this Agreement shall commence on the Annexation Date and shall expire on the tenth (10th) anniversary of the Annexation Date, unless extended or earlier terminated as provided herein. As used herein “Term” means the Initial Term, plus any Extension Term (defined below).

3.2.2 Extension of Initial Term.

3.2.3 The Initial Term of this Agreement shall be extended by five (5) years following the expiration of the Initial Term (“First Extension Term”), provided that at the end of the Initial Term, Developer has completed the following milestones: (i) a site grading permit is obtained and grading pursuant to the permit has begun; (ii) trunk sanitary storm, sanitary sewer and water utility extensions into to the first development phase are complete, and (iii) up to 500 final mapped lots between all owners have been approved since the Effective Date.

3.2.4 The Term shall be further extended by (5) years (“Second Extension Term”), provided that at the end of the First Extension Term, Developer has completed the following milestones: (i) Obtained Small Lot Final Maps for 50% of the project, based on project total developable acreage, and (ii) up to 1,100 final mapped lots between all owners have been approved since the Effective Date.

EXHIBIT 1
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3.2.5 The City shall only agree to an extension of the Initial Term if: (i) Developer is not, at the time, in Default of any of its obligations hereunder following notice and expiration of applicable cure periods; and (ii) Developer warranties and representations in Section 2.3 above continue to be true and correct.

3.2.6 Following the expiration of the Term, or the earlier completion of the development of the Project and satisfaction of all of Developer's obligations in connection therewith, this Agreement shall be deemed terminated and of no further force and effect.

3.2.7 Memorandum of Extension. If an Extension Term, First or Second, is agreed to pursuant to this Section, City and Developer shall execute, acknowledge, and record in the Official Records of San Joaquin County a memorandum evidencing approval of the Extension Term.

ARTICLE 4.

DEVELOPMENT RIGHTS; APPLICABLE LAWS
Vested Rights. The Property is hereby made subject to the provisions of this Agreement.

Developer shall have the vested right to develop the Property in accordance with and subject to the Existing Approvals, the Subsequent Approvals, Applicable Law and this Agreement, which shall control the permitted uses, density and intensity of use of the Property.

Applicable City Regulations. City and Developer acknowledge and agree that, per the Development Agreement Statute, City is restricted in its authority to limit its police power by contract and that the particular limitations, reservations, and exceptions set forth in this Agreement are intended to reserve to City those selected police powers that cannot be so limited. Notwithstanding the foregoing reservations and exceptions, it is the intent of City and Developer that this Agreement be construed to provide Developer with rights afforded by law, including but not limited to, the Development Agreement Statute. Therefore, the laws, rules, regulations, official policies, standards, and specifications of City applicable to the development of the Property and Project shall be, collectively, the following “Applicable City Regulations”:

4.2.1 Project Approvals and Agreement. Those rules, regulations, official policies, standards, and specifications of the City set forth in the Project Approvals and this Agreement;

4.2.2 City Rules as of Effective Date. With respect to matters not addressed by and not otherwise inconsistent with the Project Approvals and this Agreement, those laws, rules, regulations, official policies, standards and specifications (including City ordinances and resolutions) in force and effect on the Effective Date governing permitted uses, building locations, timing and manner of construction, densities, intensities of uses, heights (as set forth herein) and sizes, subdivisions and requirements for on- and off-site infrastructure and public improvements, including the City’s zoning development standards applicable to the Project and Property. In the event of a conflict between the City Rules described in this Section 4.2.2 and the Project Approvals or this Agreement, such conflict shall be resolved in favor of the Project Approvals or this Agreement;

4.2.3 Procedural Rules. New City Laws that relate to procedural matters involving hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, EXHIBIT 1
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appeals and any other matter of procedure imposed at any time, provided such New City Laws are uniformly applied on a City-wide basis to all substantially similar types of development projects and properties.

4.2.4 Building Codes. New City Laws that revise City’s uniform construction codes, including City’s building code, plumbing code, mechanical code, electrical code, fire code, grading code and other uniform construction codes, as of the date of permit issuance, provided, that such New City Laws are uniformly applied on a City-wide basis to all substantially similar types of development projects and properties;

4.2.5 Public Health and Safety. New City Laws that are necessary to protect physical health and safety of the public; provided, that such New City Laws are uniformly applied on a City-wide basis to all substantially similar types of development projects and properties;

4.2.6 New City Laws Not in Conflict. New City Laws that are not inconsistent with and do not limit or interfere with Developer’s vested rights under this Agreement or the Project Approvals;

4.2.7 New City Laws Mandated by Changes in Applicable Law. New City Laws mandated by Changes in Applicable Law as provided in Section 4.5 below; and

4.2.8 Other New City Laws. New City Laws that do not apply to the Property and/or the Project due to the limitations set forth above, but which the Parties mutually agree in writing shall be incorporated into the Applicable City Regulations.

Life of Project Approvals. The term of any and all Project Approvals shall automatically be extended for the longer of the Term of this Agreement or the term otherwise applicable to such Project Approvals. Without limiting the generality of the foregoing, pursuant to the Subdivision Map Act, any vesting or tentative maps heretofore or hereafter approved in connection with development of the Project or the Property shall be extended for the Term (and may be subject to other extensions provided under the Subdivision Map Act). In the event that this Agreement is terminated prior to the expiration of the Term, the term of any Project Approval and the vesting period for any subdivision map approved as a Project Approval shall be the term otherwise applicable to the approval, which shall commence to run on the date that the Project Approval was issued. If upon expiration or earlier termination of this Agreement and the Project Approvals, Developer has not developed the entirety of the Property consistent with this Agreement and the Project Approvals, then the City Council, in its discretion, at any time may change the underlying and use designations or entitlements applicable to the parcels comprising such Property consistent with all Applicable Laws and procedures.

Timing of Development. City and Developer acknowledge that Developer cannot at this time predict what portions of the Project will be included within any phase of the Project, when or the rate at which the phases will be developed or the order in which each phase will be developed.

Such decisions can depend upon numerous factors that are not within the control of Developer, such as market orientation and demand, interest rates, absorption rates of residential units, availability of financing and other similar factors. In particular, and not in any limitation of any of the foregoing, since the California Supreme Court held in Pardee Construction Co. v. The Town of Camarillo, 37 Cal.3d 465 (1984), that the failure of the parties therein to consider and expressly provide for the timing EXHIBIT 1
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of development resulted in a later- adopted initiative restricting the timing of development prevailing over such parties’ agreement, it is the desire to avoid that result by acknowledging that, except as otherwise provided for in this Agreement, Developer’s vested rights under this Agreement include the right to develop the Property and the Project in such order and at such rate and at such times as Developer deems appropriate in the exercise of its discretion, subject to the terms, requirements and conditions of the Existing Approvals and this Agreement, including provisions addressing required phasing of on- and off-site public improvements.

Changes in Applicable Law. As provided in Section 65869.5 of the Development Agreement Law, this Agreement shall not preclude the applicability to the Project of changes in laws, regulations, plans or policies, to the extent that such changes are specifically mandated and required by (i) changes in State or Federal laws or (ii) any regional governmental agency that, due to the operation of State law (and not the act of City through a memorandum of understanding, joint exercise of powers authority, or otherwise that is undertaken or entered into following the Effective Date) (“Changes in Applicable Law”). In the event Changes in Applicable Law prevent or preclude compliance with one or more provisions of this Agreement, the Parties shall meet and confer in good faith in order to determine whether such provisions of this Agreement shall be modified or suspended, or performance thereof delayed, as may be necessary to comply with Changes in Applicable Law. Following the meeting between the Parties, the provisions of this Agreement may, to the extent legally feasible, and upon mutual agreement of the Parties, be modified or suspended, but only to the minimum extent necessary to comply with such Changes in Applicable Law. In such event, this Agreement together with any required modifications shall continue in full force and effect. Nothing in this Agreement shall preclude Developer from contesting by any available means (including administrative or judicial proceedings) such Changes in Applicable Law or their applicability to the Project.

ARTICLE 5.

CITY FEES AND FEE CREDITS
Impact Fees. The PFF Impact Fees in effect on the Effective Date which are applicable to the Project are set forth and described in Exhibit F attached hereto and made a part hereof, and City may not increase any such fees or provide for additional Impact Fees for a period of 10 years from the Effective Date, except as may be provided in any Project Approvals or as otherwise permitted by this Agreement.

Other Applicable City Fees. Except as explicitly excluded by this Agreement, City may charge, and Developer agrees to pay, all Processing Fees, Connection Fees, and all pass- through fees collected by the City on behalf of other outside agencies, based on fee rates established by said outside agencies that are uniformly applied on a City-wide basis to all substantially similar types of development projects and properties.

5.3 Fee Credits. To the extent Developer has earned PFF Credits for completed public improvements, City shall apply such accrued PFF Credits toward PFF Impact Fees payable by Developer until such PFF Credits are exhausted. Except as explicitly set forth in this Agreement, the application and administration of PFF Impact Fees to and for the Property shall be as set forth in the normally applicable requirements of the Stockton Municipal Code Section 16.72.260 and subject to separate reimbursement agreements per Owner that elects to process a small lot Final Map. Developer shall be eligible for a 50% parkland fee credit for total park design and construction of a park within the Project area in accordance with the adopted Public Facilities Fee Guidelines. The remaining 50% of EXHIBIT 1
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the Parkland fee is for acquiring land for parks, that would not be eligible for reimbursement, since the Developer is dedicating land for parks within the Project area as a community benefit as provided in Section 7.2.2 below.

5.4 Fees, Conditions and Dedications. Developer shall make only those dedications, comply with only those conditions, and pay only those fees expressly prescribed in this Agreement and the Project Approvals.

5.5 Processing Fees. City may charge Developer processing fees for land use approvals, building permits as they relate to plumbing, mechanical, electric, fire code permits, or other similar permits and entitlements that are in force and effect on a City-wide basis at the time those permits are applied for, provided that such processing fees are consistent with this Agreement and State law, that the fees do not discriminate against Developer, and that the fees reflect actual costs to provide such processing services in accordance with State law. The Parties acknowledge that City may increase or decrease such processing fees after the Effective Date subject to the City’s procedures, codes and policies, and State law.

5.6 Police Power; Taxing Power. City shall not impose or enact any additional conditions, exactions, dedications, fees or regulations, through the exercise of either the police power or the taxing power, whether by direct City action or initiative or referendum, related to the development of the Project which are not in existence at the time of the Effective Date and as expressly permitted by this Agreement. The conditions, exactions, dedications, fees or regulations applicable to the Project as provided in the Project Approvals, or as provided in this Agreement, shall not be subject to modification or renegotiation by City as a result of an amendment to any of the Project Approvals or of this Agreement, or as a result of the filing of any new subdivision map, parcel map, Phased Map, Master Tentative Large Subdivision Map, Final Map or any re-subdivision of the Subject Property (including a merger or lot line adjustment or the creation of new lots); provided, however, that if the new map or re-subdivision of the properties increases the density of the Project, City may impose additional fees at the rates vested under this Agreement on the new units added by the new map or resubdivision to address impacts of the additional density and to adjust for excess Fee Credits given on earlier homes.

ARTICLE 6.

CFD FOR CAPITAL IMPROVEMENTS
CFD Formation. The Parties shall cooperate in good faith to establish a Community Facilities District consistent with the provisions of this Article 6, pursuant to the Mello-Roos Act and the City’s Capital Financing and Debt Management Policy to fund major roads, sound walls, landscaping, traffic signals, sanitary sewer, water, drainage systems, stormwater basin and pump station, parks, public utilities, public access and bike path improvements and to provide an annual services special tax for each single-family residential unit in each of the improvement areas in the proposed new CFD consistent with this Agreement, the Project Approvals and Applicable Law.

Subject to Section 5.3 herein, any public facilities that are included in the AB1600 nexus study used to establish the Public Facilities Fee Program and that are funded by a CFD shall be eligible for fee credit and/or reimbursement from the Public Facilities Program.

Funding for CFD Formation. Developer shall fund the analysis and preparation of a EXHIBIT 1
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Rate and Method of Apportionment (“RMA”) and formation documents for a Community Facilities District (Bear Creek South CFD 2025-__) (the “CFD”) consistent with the provisions of this Article 6.

The Parties shall mutually agree upon the estimated cost of the RMA and formation documents before the commencement of the analysis.

Developer’s Cooperation and Consent. Regarding formation of a Community Facilities District consistent with the provisions of this Article 6 within this Agreement, Developer will (i) execute all necessary petitions and ballots and waive all election waiting and protest periods at City’s request; (ii) support City’s adoption of local policies related to use of said Community Facilities District financing; (iii) allow special tax liens to encumber the Property to accomplish the goals of the Community Facilities District; (iv) be deemed to have irrevocably consented to formation of the Community Facilities District, issuance of Community Facilities District bonds, and the imposition of a special tax against the Property at rates and pursuant to a method of apportionment appropriate to fund the debt service on any Community Facilities District bonds sold to finance the construction of the fire station; and (v) agree not to protest or object to formation of the Community Facilities District or levy of an appropriate special tax consistent therewith. As a condition of eligibility to form a Community Facilities District, Developer shall annex into Community Facilities District 2018-3 prior to recordation of any final map for small lot residential subdivision.

ARTICLE 7.

COMPLIANCE WITH LAWS; COMMUNITY BENEFITS
Compliance with Applicable Law. Developer, at its sole cost and expense, shall comply with requirements of, and obtain all permits and approvals required by Applicable Law, including requirements of regional, State and Federal agencies having jurisdiction over the Project.

Community Benefits. The Project will afford the City the following public benefits, which could not be secured from Developer in the absence of the Project and this Agreement:

7.2.1 The Project will generate short-term construction jobs related to the development of the Property and the Project, including Property grading, infrastructure and building construction, and long-term employment-generating uses in the industrial and office components of the Project, consistent with City objectives for creation of employment opportunities for residents.

7.2.2 The Project will dedicate the land (present day value of $4,155,000) at no cost to the City, and will fund the design and construction of the four (4) neighborhood parks and a park that surrounds the central stormwater detention basin, in accordance with and subject to the Park Program attached hereto as Exhibit E and made a part hereof. Construction of any of the parks within an approved Final Map shall commence during site development. The actual timing and schedule to construct a park within a Final Map shall be agreed upon between Developer and City Community Development Director prior to Final Map Approval. The cost of designing and constructing the Project Parks shall be eligible for earned PFF Credits as provided herein and detailed in Section 5.3.

ARTICLE 8.

COOPERATION AND IMPLEMENTATION
Subsequent Approvals. Certain subsequent land use approvals, entitlements, and permits other than the Existing Approvals (collectively, “Subsequent Approvals”), will be necessary EXHIBIT 1
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or desirable for implementation of the Project. The Subsequent Approvals may include the following ministerial and discretionary applications and permits: amendments of the Existing Approvals, grading permits, building permits, sewer and water connection permits, certificates of occupancy, lot line adjustments, site plans, development plans, land use plans, building plans and specifications, parcel maps and/or subdivision maps, conditional use permits, design review, demolition permits, improvement agreements, encroachment permits, and any amendments to, or repealing of, any of the foregoing. In connection with any Subsequent Approval, the City shall exercise its discretion in accordance with Applicable Law, the Project Approvals and, as provided by this Agreement, including the reservations of authority set forth herein.

Processing Applications for Subsequent Approvals.

8.2.1 Processing Consistent with Vested Rights. With the Existing Approvals, City has made a final policy decision that the Project is in the best interests of the public health, safety and general welfare. Applications for Subsequent Ministerial Approvals that are consistent with this Agreement and the Existing Approvals shall be processed and considered in a manner consistent with the vested rights granted by this Agreement and shall be deemed to be tools to implement those final policy decisions, and shall be approved by City in its reasonable discretion in a timely manner so long as they are consistent with this Agreement and the Existing Approvals. While City expressly reserves its discretion with respect to all Subsequent Discretionary Approvals, City agrees that it shall not use its authority in considering any application for a Subsequent Discretionary Approval to change the policy decisions reflected by the Existing Approvals, including changing the permitted uses of the Property, or otherwise to prevent development of the Project as set forth in the Existing Approvals.

8.2.2 City Discretion. Nothing herein shall limit the ability of City to require the necessary reports, analysis or studies to assist in determining that the requested Subsequent Ministerial Approval is consistent with this Agreement and the Existing Approvals. If the City determines in its reasonable discretion that an application for a Subsequent Ministerial Approval is not consistent with this Agreement or the Existing Approvals and should be processed as an application for a Subsequent Discretionary Approval rather than a Subsequent Ministerial Approval, the City shall specify in writing the reasons for such determination and may propose a modification which would be processed as a Subsequent Ministerial Approval. Developer shall then either modify the application to conform to this Agreement and the Existing Approvals, as the case may be, or the City shall process the application as an application for a Subsequent Discretionary Approval.

Project Requirements. Developer agrees to and shall comply with the project requirements, including, but not limited to, those described in the 15183 Consistency Checklist for the Bear Creek South Project approved by the City on ______, 2025 (and listed in Exhibit C). Developer shall include in all purchase and sales agreements for all or a portion of the Property a provision requiring the purchaser to comply with all applicable Project requirements.

Other Agency Subsequent Approvals; Authority of City. Other public agencies not within the control of City may possess authority to regulate aspects of the development of the Property separately from or jointly with City, and this Agreement does not limit the authority of such other public agencies. City shall cooperate with Developer, to the extent appropriate and as permitted by law, in Developer’s efforts to obtain, as may be required, Other Agency Subsequent Approvals.

8.5 Condemnation. City agrees to use its statutory powers of eminent domain to acquire EXHIBIT 1
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all properties needed for rights of way to be located on properties other than the Property or for construction of the Infrastructure Improvements which are necessary for the development of the Project. Any such use of eminent domain by City shall be at Developer’s sole cost and expense.

ARTICLE 9.

THIRD PARTY LEGAL CHALLENGE, IMDEMNITY AND INSURANCE
Cooperation in the Event of Legal Challenge.

9.1.1 Cooperation by Parties. City and Developer shall cooperate in the defense of any court action or proceeding instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement or the Project Approvals (“Litigation Challenge”), and the Parties shall keep each other informed of all developments relating to such defense, subject only to confidentiality requirements that may prevent the communication of such information.

9.1.2 Potential Joint Defense. If Developer desires to contest or defend a Litigation Challenge and the Parties determine to undertake a joint defense or contest of such Litigation Challenge: i) the Parties will cooperate in the joint defense or contest of such challenge; ii) Developer shall select the attorney(s) to undertake such defense, subject to City’s approval, which shall not be unreasonably withheld; iii) Developer will take the lead role in defending such Litigation Challenge; iv) upon Developer’s request, City shall enter into a joint defense agreement in a form reasonably acceptable to the City Attorney to facilitate the sharing of materials and strategies related to the defense of such Litigation Challenge without waiver of attorney client privilege; v) Developer shall reimburse City, within forty-five (45) days following City’s written demand therefor, which may be made from time to time during the course of such litigation, all reasonable costs incurred by City in connection with the Litigation Challenge.

9.1.3 Potential Separate Defense. If Developer desires to contest or defend any Litigation Challenge and if at any time one or both of the Parties determine that they require separate representation: i) Developer shall take the lead role in defending such Litigation Challenge; ii) Developer shall be separately represented by legal counsel of its choice; iii) in any action or proceeding, City shall be separately represented by the legal counsel of its choice, with reasonable costs of such representation to be paid by Developer; iv) Developer shall reimburse City, within forty-five (45) days following City’s written demand therefor, which may be made from time to time during the course of such litigation, all reasonable costs incurred by City in connection with the Litigation Challenge; and vi) upon Developer’s request, City shall enter into a joint defense agreement in a form reasonably acceptable to the City Attorney to facilitate the sharing of materials and strategies related to the defense of such Litigation Challenge without waiver of attorney client privilege.

9.1.4 Cost Awards and Proposed Settlements. Developer shall indemnify, defend, and hold harmless City Parties from and against any damages, attorneys’ fees or cost awards, assessed or awarded against City by way of judgment, settlement, or stipulation entered in connection with a Litigation Challenge. Any proposed settlement of a Litigation Challenge by a Party shall be subject to the approval of the other Party, such approval not to be unreasonably withheld, conditioned, or delayed.

If the terms of the proposed settlement would constitute an amendment or modification of this Agreement or any Project Approvals, the settlement shall not become effective unless such amendment or modification is approved by City in accordance with Applicable Law, and the City reserves its full EXHIBIT 1
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legislative discretion with respect thereto.

Indemnity. Developer shall indemnify, at City’s request defend, and hold the City Parties harmless from and against any and all Claims arising directly as a result of Developer’s acts, omissions, negligence or willful misconduct in connection with Developer’s performance under this Agreement or arising directly as a result of Developer’s (or Developer’s contractors, subcontractors, agents, or employees) work performed in connection with the development of the Property or the Project, including without limitation, Claims involving bodily injury, death or property damage.

Developer’s indemnification obligations set forth in this Section shall not apply to the extent any such Claims are the result of the negligence or willful misconduct of any City Party.

Insurance. Prior to commencement of construction required within any public right-ofway , Developer shall procure and maintain, or cause its contractor(s) to procure and maintain, until the earlier of (a) the expiration of the Term; or (b) the completion of the Project, a commercial general liability policy in an amount not less than Five Million Dollars ($5,000,000) combined single limit, including contractual liability together with a comprehensive automobile liability policy in the amount of Two Million Dollars ($2,000,000), combined single limit. Such policy or policies shall be written on an occurrence form, so long as such form of policy is then commonly available in the commercial insurance marketplace and shall be placed with insurers with a current A.M. Best’s rating of no less than A-: VII or a rating otherwise approved by the City in its sole discretion. If Developer desires to satisfy the foregoing insurance requirements through its contractor, then Developer shall require in its construction contract with the general contractor that said general contractor comply with all of the requirements of this Section 9.3. Developer or its contractor shall furnish at City’s request appropriate certificate(s) of insurance evidencing the insurance coverage required hereunder, and City Parties shall be named as additional insured parties in such policies. The certificate of insurance shall contain a statement of obligation on the part of the carrier to notify City of any material change, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation or termination ten (10) days advance notice in the case of cancellation for nonpayment of premiums) where the insurance carrier provides such notice to the Developer. Coverage provided hereunder by Developer, or its contractor shall be primary insurance and shall not be contributing with any insurance, self-insurance or joint self-insurance maintained by City, and the policy shall contain such an endorsement. The insurance policy or the endorsement shall contain a waiver of subrogation for the benefit of City.

ARTICLE 10.

ANNUAL REVIEW
Annual Review. As required by California Government Code Section 65865.1 and pursuant to Section 16.128.110 of the Development Agreement Ordinance, the City of Stockton Planning Commission shall review this Agreement and all actions taken pursuant to the terms of this Agreement with respect to the development of the Project every twelve (12) months at a duly noticed public hearing to determine good faith compliance with this Agreement (“Annual Review”).

Specifically, the Annual Review shall be conducted for the purposes of determining good faith compliance with the terms and/or conditions of this Agreement, including compliance with the mitigation measures in Section 8.3 of this Agreement. Each Annual Review shall also document the status of Project development. In the event the Planning Commission recommends modification or termination of this Agreement in connection with such Annual Review, the action to effectuate such EXHIBIT 1
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modification or termination must be taken by City Council.

10.2 Failure to Conduct Annual Review. Failure of City to conduct an annual review shall not constitute a waiver by the City of its rights to otherwise enforce the provisions of this Agreement nor shall Developer have or assert any defense to such enforcement by reason of any such failure to conduct an annual review.

ARTICLE 11.

MORTGAGEE PROTECTION
Mortgagee Protection. Neither entering into this Agreement nor a breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value.

Nothing in this Agreement shall prevent or limit Developer, at its sole discretion, from granting one or more Mortgages encumbering all or a portion of Developer’s interest in the Property or portion thereof or improvement thereon as security for one or more loans or other financing, but all of the terms and conditions contained in this Agreement shall be binding upon and effective against and shall run to the benefit of Mortgagee who acquires title or possession to the Property, or any portion thereof, by foreclosure, trustee’s sale, deed in lieu of foreclosure or otherwise. Developer shall provide the City with a copy of the deed of trust or mortgage within ten (10) days after its recording in the official records of San Joaquin County; provided, however, that Developer’s failure to provide such document shall not affect any Mortgage, including without limitation, the validity, priority or enforceability of such Mortgage.

Mortgagee Not Obligated. No Mortgagee (including one who acquires title or possession to the Property, or any portion thereof, by foreclosure, trustee’s sale, deed in lieu of foreclosure or otherwise) shall have any obligation to construct or complete construction of improvements, or to guarantee such construction or completion; provided, however, that a Mortgagee shall not be entitled to devote the Property to any use except in full compliance with this Agreement and the other Project Approvals nor to construct any improvements thereon or institute any uses other than those uses or improvements provided for or authorized by this Agreement, or otherwise under the Project Approvals. Except as otherwise provided in this Section 11.2, all of the terms and conditions contained in this Agreement and the other Project Approvals shall be binding upon and effective against and shall run to the benefit of any person or entity, including any Mortgagee, who acquires title or possession to the Property, or any portion thereof.

11.3 Notice of Default to Mortgagee. If City receives a notice from a Mortgagee requesting a copy of any Notice of Default given Developer hereunder and specifying the address for service thereof, then City agrees to use its diligent, good faith efforts to deliver to such Mortgagee, concurrently with service thereon to Developer, any Notice of Default given to Developer. Each Mortgagee shall have the right during the same period available to Developer to cure or remedy, or to commence to cure or remedy, the event of Default claimed or the areas of noncompliance set forth in City’s Notice of Default. If a Mortgagee is required to obtain possession in order to cure any Default, the time to cure shall be tolled so long as the Mortgagee is attempting to obtain possession, including by appointment of a receiver or foreclosure, but in no event may this period exceed 120 days from the date the City delivers the Notice of Default to Developer.

11.4 No Supersedure. Nothing in this Article 11 shall be deemed to supersede or release a Mortgagee or modify a Mortgagee’s obligations under any subdivision or public improvement agreement or other obligation incurred with respect to the Project outside this Agreement, nor shall any EXHIBIT 1
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provision of this Article 11 constitute an obligation of City to such Mortgagee, except as to the notice requirements of Section 11.3.

ARTICLE 12.

AMENDMENT OF AGREEMENT AND PROJECT APPROVALS
Amendment by Written Consent. Except as otherwise expressly provided herein (including Article 10 relating to City’s annual review and Article 14 relating to termination in the event of a breach), this Agreement may be terminated, modified, or amended only by mutual written consent of the Parties hereto or their successors in interest or assignees and in accordance with the provisions of Government Code sections 65967, 65867.5 and 65868, and City Municipal Code Section 16.128.

Major Modifications to Agreement. Any amendment to this Agreement which affects or relates to (a) the Term; (b) permitted uses of the Property; (c) provisions for the reservation or dedication of land; (d) conditions, terms restrictions or requirements for subsequent discretionary actions; (e) the type, location, density and intensity of the use of the Property or the maximum height or size of proposed buildings; or (f) providing of community benefits by Developer, shall be deemed a “Major Modification” and shall require giving of notice and a public hearing before the Planning Commission and City Council. Any amendment which is not a Major Modification shall be deemed a “Minor Modification” and shall not, except to the extent otherwise required by Applicable Law, require notice of public hearing before the Parties may execute an amendment hereto. The City Manager or his or her designee shall have the authority to determine if an amendment is a Major Modification or a Minor Modification.

Minor Modifications. The City Manager or his or her designee shall have the authority to review and approve amendments to this Agreement provided that such amendments are not Major Modifications. No public notice shall be required for a Minor Modification.

Requirement for Writing. No modification, amendment, or other change to this Agreement or any provision hereof shall be effective for any purpose unless specifically set forth in a writing which refers expressly to this Agreement and is signed by duly authorized representatives of both City and Developer.

ARTICLE 13.

ASSIGNMENT

13.1 General. Because of the necessity to coordinate development of the entirety of the Property pursuant to plans for the Project, certain restrictions on the right of Developer to assign or transfer its interest under this Agreement with respect to the Property, or any portion thereof, are necessary in order to assure the achievement of the goals, objectives and public benefits of the Project and this Agreement. Developer agrees and accepts the restrictions set forth in this Article 13 as reasonable and as a material inducement to City to enter into this Agreement.

13.2 Notice of Assignment. Developer shall provide the City with written notice of any proposed transfer or assignment of Developer’s rights or obligations hereunder (each, an “Assignment”) at least thirty (30) days prior to such Assignment. Each such notice of proposed Assignment shall be accompanied by evidence of the corporate, limited liability company or other legal entity’s existence and good standing and a proposed form of Assignee’s assumption of Developer’s EXHIBIT 1
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obligations hereunder substantially in the form of Exhibit D attached hereto and made a part hereof (the “Assignment and Assumption Agreement”), which would be recorded in the Official Records of San Joaquin County concurrent with the transfer. Developer shall pay the actual costs borne by City in connection with its review of the proposed Assignment, including the costs incurred by the City Attorney’s Office.

Assignment Processing. Notwithstanding any other limitations in this Article 13, Developer may, upon provision of Notice, execution of an Assignment and Assumption Agreement documenting such Assignment in accordance with Section 13.2, and provision of evidence of entity formation and good standing, at any time, assign its rights and obligations under this Agreement with respect to all or any portion of the Property without the consent of City to any person, partnership, joint venture, firm, company, corporation or other entity (any of the foregoing, an “Assignee”) acquiring all or a portion of the Property.

Release of Transferring Developer. Upon a transfer of all or a portion of the Property, Developer shall be released from any further liability or obligations hereunder with respect to the portion so transferred and the Assignee shall be deemed to be the Developer under this Agreement with respect to such transferred Property as specified in the Assignment and Assumption Agreement provided: (i) neither Developer nor Assignee is in default under this Agreement at the time of such transfer; (ii) Developer and Assignee have executed and acknowledged and delivered to City for recordation in the Official Records of the County an Assignment and Assumption Agreement substantially in the form of Exhibit D attached hereto and made a part hereof; and (iii) the Assignee has expressly assumed for the benefit of City the obligations of Developer as to the portion of the Property so transferred. No release of Developer shall be effective unless and until each of the above conditions have been met. Notwithstanding anything to the contrary contained in this Agreement, if an Assignee Defaults under this Agreement, such Default shall not constitute a Default by Developer (or any other Assignee) with respect to any other portion of the Property hereunder and shall not entitle City to terminate or modify this Agreement with respect to such other portion of the Property.

Partial Assignment. Subject to the limitations set forth in this Article 13, in the event of a transfer of a portion of the Property, Developer shall have the right to assign its rights, duties and obligations under this Agreement that are applicable to the transferred portion, and retain all rights, duties and obligations applicable to the retained portions of the Property. Upon Developer’s request, City, at Developer’s expense, shall cooperate with Developer and any proposed Assignee to allocate rights, duties and obligations under this Agreement and the Project Approvals between the assigned portion of the Property and the retained Property. Assignee shall succeed to the rights, duties and obligations of Developer only with respect to the parcel or parcels, or portion of the Property so purchased, transferred, ground leased or assigned, and Developer shall continue to be obligated under this Agreement with respect to any remaining portions of the Property retained by Developer and not assigned.

Successive Assignment. In the event there is more than one Assignment under the provisions of this Article 13, the provisions of this Article 13 shall apply to each successive Assignment and Assignee.

Other Permitted Transfers. The provisions in this Article 13 shall not be deemed to prohibit or otherwise restrict Developer from (i) granting easements or licenses or modifying existing easements to facilitate development of the Property consistent with the Project Approvals; (ii) EXHIBIT 1
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encumbering the Property or any portion hereof or of the improvements thereon by a Mortgage securing financing with respect to the Property or Project; or (iii) transferring all or a portion of the Property pursuant to a foreclosure, conveyance in lieu of foreclosure, or other remedial action in connection with a Mortgage, or to any transferee from a Mortgagee or owner of the Property upon foreclosure or after a conveyance in lieu of foreclosure.

13.8 Failure to Notify City not Grounds for Default. Any sale, assignment, transfer, ground lease, or conveyance not made in substantial compliance with this Article shall not constitute a default by Developer or any Assignee under this Agreement, provided, however, that City may refuse to issue permits or other entitlements to such purchaser, Assignee, or transferee until a copy of the Assignment and Assumption Agreement is received by City.

ARTICLE 14.

DEFAULT; REMEDIES; TERMINATION
Breach and Default. Subject to Permitted Delays or by mutual consent in writing, and except as otherwise provided by this Agreement, breach of, failure, or delay by either Party to perform any term or condition of this Agreement shall constitute a “Default.” In the event of any alleged Default of any term, condition, or obligation of this Agreement, the Party alleging such Default shall give the defaulting Party notice in writing specifying the nature of the alleged Default and the manner in which the Default may be satisfactorily cured (“Notice of Breach”). The defaulting Party shall cure the Default within thirty (30) days following receipt of the Notice of Breach, provided, however, if the nature of the alleged Default is non-monetary and such that it cannot reasonably be cured within such thirty (30) day period, then the commencement of the cure within such time period, and the diligent prosecution to completion of the cure thereafter at the earliest practicable date, shall be deemed to be a cure, provided that if the cure is not diligently prosecuted to completion, then no additional cure period shall be provided. If the alleged failure is cured within the time provided above, then no Default shall exist and the noticing Party shall take no further action to exercise any remedies available hereunder. If the alleged failure is not cured, then a Default shall exist under this Agreement and the non-defaulting Party may exercise any of the remedies available under this Agreement. Further, as provided in Section

13.6 above, following transfer of all or any portion of the Property and an assignment or a partial assignment of this Agreement to an Assignee, a Default by such Assignee under this Agreement shall not constitute a Default by Developer (or any other Assignee) and shall not entitle City to terminate or modify this Agreement with respect to any portion of the Property retained by Developer.

Withholding of Permits. In the event of a Default by an individual Owner (where the determination of such Default has been made by the City Council based on substantial evidence presented at a noticed public hearing), City shall have the right to refuse to issue any permit or other Subsequent Approvals to which the individual Owner that is in default would otherwise have been entitled pursuant to this Agreement until such Default is cured. This provision is in addition to and shall not limit any actions that City may take to enforce the conditions of the Project Approvals.

Termination. In the event of a Default by a Party, the non-defaulting Party shall have the right to terminate this Agreement upon giving notice of intent to terminate pursuant to Government Code section 65868 and regulations of City implementing such section. Following notice of intent to terminate, the matter shall be scheduled for consideration and review in the manner set forth in Government Code section 65867 and City regulations implementing said section. Following consideration of the evidence presented in said review before the City Council, a Party alleging Default EXHIBIT 1
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by the other Party may give written notice of termination of this Agreement to the other Party.

Termination of this Agreement shall be subject to the provisions of Section 14.9. Where Developer is the defaulting Party and Developer has previously conveyed portions of the Property and partially assigned this Agreement to one or more third party transferees, City’s right to terminate this Agreement shall be limited to those portion(s) of the Property then owned by Developer.

Specific Performance for Violation of a Condition. If City issues a Project Approval pursuant to this Agreement in reliance upon a specified condition being satisfied by Developer in the future, and if Developer then fails to satisfy such condition, City, in addition to its other rights and remedies available under public improvement agreements, performance bonds or other instruments, shall be entitled to specific performance for the purpose of causing Developer to satisfy such condition.

Legal Actions.

14.5.1 Institution of Legal Actions. In addition to any other rights or remedies and subject to the limitation of damages in Section 14.7, a Party may institute legal action to cure, correct or remedy any Default, to enforce any covenants or agreements herein, to enjoin any threatened or attempted violation thereof, or to obtain any other remedies consistent with the purpose of this Agreement. Any such legal action shall be brought in the Superior Court for San Joaquin County, California, except for actions that include claims in which the Federal District Court for the Eastern District of the State of California has original jurisdiction, in which case the Eastern District of the State of California shall be the proper venue.

14.5.2 Acceptance of Service of Process. In the event that any legal action is commenced by Developer against City, service of process on City shall be made by personal service upon the City Clerk of City or in such other manner as may be provided by law. In the event that any legal action is commenced by City against Developer, service of process on Developer shall be made by personal service upon Rob Mitchell, Greenlaw Development, LLC, who is an agent of Developer for service of process, or in such other manner as may be provided by law.

14.6 Rights and Remedies Are Cumulative. The rights and remedies of the Parties are cumulative, and the exercise by a Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any other Default by the other Party, except as otherwise expressly provided herein.

14.7 No Money Damages. In no event shall a Party, or its boards, commissions, officers, agents or employees, be liable in money damages, including without limitation, actual, consequential or punitive damages, for any Default under this Agreement. It is expressly understood and agreed that the sole legal remedy available to a Party for a breach or violation of this Agreement by the other Party shall be an action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement by the other Party, or to terminate this Agreement. This limitation on damages shall not preclude actions by a Party to enforce payments of monies or the performance of obligations requiring an obligation of money from the other Party under the terms of this Agreement including, but not limited to, obligations to pay attorneys’ fees and obligations to advance monies or reimburse monies. In connection with the foregoing provisions, each Party acknowledges, warrants and represents that it has been fully informed with respect to, and represented by counsel of such Party’s choice in connection with, the rights and remedies of such Party hereunder and the waivers herein EXHIBIT 1
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contained, and after such advice and consultation has presently and actually intended, with full knowledge of such Party’s rights and remedies otherwise available at law or in equity, to waive and relinquish such rights and remedies to the extent specified herein, and to rely to the extent herein specified solely on the remedies provided for herein with respect to any breach of this Agreement by the other Party.

14.8 Surviving Provisions. In the event this Agreement isterminated, neither Party shall have any further rights or obligations hereunder, except for those obligations of City and Developer set forth in Sections 9.1 and 9.2.

ARTICLE 15.

MISCELLANEOUS PROVISIONS
Incorporation of Recitals, Exhibits and Introductory Paragraph. The Recitals contained in this Agreement, the introductory paragraph preceding the Recitals, and the Exhibits attached hereto are incorporated into this Agreement as if fully set forth herein.

Covenants Binding on Successors and Assigns and Run with Land. Except as otherwise more specifically provided in this Agreement, this Agreement and all of its provisions, rights, powers standards, terms, covenants and obligations, shall be binding upon the Parties and their respective successors (by merger, consolidation, or otherwise) and assigns, and all other persons or entities acquiring the Property, or any interest therein, and shall inure to the benefit of the Parties and their respective successors and assigns, as provided in Government Code Section 65868.5.

Notice. Any notice, demand, or request which may be permitted, required or desired to be given in connection herewith shall be given in writing and directed to the City and Developer as follows:

If to the City: City Clerk
City of Stockton
425 N. El Dorado St, 1st Floor
Stockton, CA 95202
Telephone: (209) 937-8458
Email: [email protected]
with copies to: City Manager
City of Stockton
425 N. El Dorado St, 2nd Floor
Stockton, CA 95202
Telephone: (209) 937-8212
Email: [email protected]
and: City Attorney
City of Stockton
425 N. El Dorado St, 1st Floor
Stockton, CA 95202
Telephone: (209) 937-8333
Email: [email protected]
EXHIBIT 1
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and Community Development Director
City of Stockton
345 N. El Dorado Street
Stockton, CA 95202
Telephone: (209) 937-8561
Email: _____________
If to Developer:
with a copy to:

Notices are deemed effective if delivered by: (a) certified mail, return receipt requested; (b) commercial courier, with delivery to be effective upon verification of receipt; or (c) email, upon actual receipt at the email addresses listed above. Any Party may change its respective address for notices by providing written notice (including email) of such change to the other Parties.

Permitted and Litigation Related Delays.

15.4.1 Permitted Delay. Performance by either Party of an obligation hereunder shall be excused during any period of “Permitted Delay.” Permitted Delay shall mean delay beyond the reasonable control of a Party caused by (a) calamities, including without limitation earthquakes, floods, and fire; (b) civil commotion; (c) riots or terrorist acts; (d) strikes or other forms of material labor disputes; (e) shortages of materials or supplies; (f) vandalism; or (g) large scale public health crisis.

A Party’s financial inability to perform or obtain financing generally shall not be grounds for claiming a Permitted Delay. The Party claiming a Permitted Delay shall notify the other Party of its intent to claim a Permitted Delay, the specific grounds of the same and the anticipated period of the Permitted Delay within thirty (30) business days after the occurrence of the conditions which establish the grounds for the claim. If notice by the Party claiming such extension is sent to the other Party more than thirty (30) days after the commencement of the cause, the period shall commence to run only thirty (30) days prior to the giving of such notice. The period of Permitted Delay shall last no longer than the conditions preventing performance. In no event shall any Permitted Delay extend the Term of this Agreement.

15.4.2 Litigation Delay. If, as a result of a Litigation Challenge, the Annexation Proceedings cannot be completed by the initial Annexation Deadline of two years following the Agreement Date as specified in Section 2.1 above, then the Annexation Deadline shall be extended for EXHIBIT 1
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the period of the Litigation Challenge but in no event more than 12 months beyond the initial Annexation Deadline as specified in Section 2.1. If, following the Annexation Date, this Agreement or any of the Existing Approvals are still not Final as a result of a Litigation Challenge (a “Litigation Delay”), then the Initial Term of this Agreement and the time within which each Party shall be required to perform any act under this Agreement shall be extended by the period of time between the Annexation Date and the date on which the Existing Approvals and this Agreement all become Final, subject to an outside date that is 36 months after the Annexation Date, at which point there shall be no further extension of the Term as a result of any Litigation Delay, unless approved by the City Council in its sole, absolute discretion.

Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

Waivers. Notwithstanding any other provision in this Agreement, any failures or delays by any Party in asserting any of its rights and remedies under this Agreement shall not operate as a waiver of any such rights or remedies, or deprive any such Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. A Party may specifically and expressly waive in writing any condition or breach of this Agreement by the other Party, but no such waiver shall constitute a further or continuing waiver of any preceding or succeeding breach of the same or any other provision. Consent by one Party to any act by the other Party shall not be deemed to imply consent or waiver of the necessity of obtaining such consent for the same or similar acts in the future.

Construction of Agreement. All Parties have been represented by counsel in the preparation and negotiation of this Agreement and this Agreement shall be construed according to the fair meaning of its language. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement. Unless the context clearly requires otherwise, (a) the plural and singular numbers shall each be deemed to include the other; (b) the masculine, feminine, and neuter genders shall each be deemed to include the others; (c) “shall,” “will,” or “agrees” are mandatory, and “may” is permissive; (d) “or” is not exclusive; (e) “includes” and “including” are not limiting; and (f) “days” means calendar days unless specifically provided otherwise.

Headings. Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants, or conditions of this Agreement.

Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a specific situation, is found to be invalid, or unenforceable, in whole or in part for any reason, the remaining terms and provisions of this Agreement shall continue in full force and effect unless an essential purpose of this Agreement would be defeated by loss of the invalid or unenforceable provisions, in which case any Party may terminate this Agreement by providing written notice thereof to the other Party.

Time is of the Essence. Time is of the essence of this Agreement. All references to time in this Agreement shall refer to the time in effect in the State of California.

EXHIBIT 1
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Extension of Time Limits. The time limits set forth in this Agreement may be extended by mutual consent in writing of the Parties in accordance with the provisions of this Agreement.

Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of Developer and City.

Entire Agreement. This Agreement (including all exhibits attached hereto, each of which is fully incorporated herein by reference), integrates all of the terms and conditions mentioned herein or incidental hereto, and constitutes the entire understanding of the Parties with respect to the subject matter hereof, and all prior or contemporaneous oral agreements, understandings, representations and statements, and all prior written agreements, understandings, representations, and statements are terminated and superseded by this Agreement.

Estoppel Certificate. Developer or its lender may, at any time, and from time to time, deliver written notice to the City requesting the City to certify in writing that: (a) this Agreement is in full force and effect; (b) this Agreement has not been amended or modified or, if so amended or modified, identifying the amendments or modifications; and (c) Developer is not in Default of the performance of its obligations, or if in Default, to describe therein the nature and extent of any such Defaults. Developer shall pay, within thirty (30) days following receipt of City’s invoice, the actual costs borne by City in connection with its review of the proposed estoppel certificate, including the costs expended by the City Attorney’s Office in connection therewith. The Community Development Director shall be authorized to execute any certificate requested by Developer hereunder. The form of estoppel certificate shall be in a form reasonably acceptable to the City Attorney. The Community Development Director shall execute and return such certificate within thirty (30) days following Developer’s request therefor. Developer and City acknowledge that a certificate hereunder may be relied upon by tenants, assignees, investors, partners, bond counsel, underwriters, bond holders and Mortgagees. The request shall clearly indicate that failure of the City to respond within the thirty-day period will lead to a second and final request. Failure to respond to the second and final request within fifteen (15) days of receipt thereof shall be deemed approval of the matters set forth in the estoppel certificate.

Termination of Agreement. This Agreement shall terminate upon the expiration of the Term as provided in Section 3.2 above. In addition, when any portion of the Property has been fully developed and all of Developer's obligations in connection therewith are satisfied, as reasonably determined by the City, and all final inspections have been issued, this Agreement shall be automatically terminated as to such portion of the Property. Without limiting the generality of the foregoing, this Agreement shall automatically terminate with respect to a residential lot on which a residence has been constructed upon the issuance of a certificate of occupancy therefor. Upon termination of this Development Agreement with respect to the entire Property or any portion therein, as the case may be, and upon Developer’s request, City shall record a written statement acknowledging such completion or termination, which shall be recorded by City in the Official Records of San Joaquin County.

City Approvals and Actions. Whenever a reference is made herein to an action or approval to be undertaken by City, the City Manager or his or her designee is authorized to act on behalf of City, unless specifically provided otherwise or the context requires otherwise.

EXHIBIT 1
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Negation of Partnership. The Parties specifically acknowledge that the Project is a private development, that no Party to this Agreement is acting as the agent of any other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the Parties in the businesses of Developer, the affairs of the City, or otherwise, or cause them to be considered joint venturers or members of any joint enterprise.

No Third-Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the signatory Parties and their successors and assigns, including Mortgagees.

No other person shall have any right of action based upon any provision in this Agreement.

Standard for Consents and Approvals. In cases where the written consent or approval of a party is required hereunder and a standard of review and/or timeline for the granting or withholding of such consent or approval is not set forth, such consent or approval shall not be unreasonably withheld, conditioned or delayed.

Governing State Law. This Agreement shall be construed in accordance with the laws of the State of California, without reference to its choice of law provisions.

Exhibits. The following exhibits are attached to this Agreement and are hereby incorporated herein by this reference for all purposes as if set forth herein in full:

Exhibit A-1: Property Description
Exhibit A-2: Site Map
Exhibit B: Conditions of Approval
Exhibit C: Project Requirements
Exhibit D: Form of Assignment and Assumption Agreement
Exhibit E: Bear Creek South Parks Program
Exhibit F: List of Impact Fees
[SIGNATURES ON FOLLOWING PAGE]
EXHIBIT 1
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IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the Effective Date.

CITY:

CITY OF STOCKTON,
a California municipal corporation
By:
[Signature must be notarized]
ATTEST:

By:

Katherine Roland, City Clerk
APPROVED AS TO FORM:

By:

Lori Asuncion, City Attorney
DEVELOPER:

By:

Name:

Its:

By:

Name:

Its:
[Signatures must be notarized]
EXHIBIT 1
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EXHIBIT A-1
[Property Description – To be Inserted]
EXHIBIT 1
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EXHIBIT A-2
[Site Map – To be Inserted]
EXHIBIT 1
2661

EXHIBIT B
[Conditions of Approval (Arnaiz) – To be Inserted]
[Conditions of Approval (Klein) – To be Inserted]
[Conditions of Approval (Tri Pointe Homes) – To be Inserted] EXHIBIT 1
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EXHIBIT C
[Project Requirements/MMRP – To be Inserted]
EXHIBIT 1
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EXHIBIT D

FORM ASSIGNMENT AND

ASSUMPTION AGREEMENT
City of Stockton )
425 N. El Dorado St, 1st Floor )
Stockton , CA 95202 )
Attention: City Clerk )
Record for the Benefit of )
The City of Stockton )
Pursuant to Government Code )
Section 27383 )
(Space Above This Line for Recorder’s Use Only)

ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (“Assignment Agreement”) is entered into as of the day of , 20 , by and among Greenlaw Development, LLC, a California limited liability company, (“Assignor”), , a (“Assignee”), and the City of Stockton, a municipal corporation (“City”).

R E C I T A L S
A. Assignor has entered into a Development Agreement with City effective (Recorder’s Document No. ) (“Development Agreement”), to facilitate the development and use of that certain real property consisting of approximately 120 acres within the City of Stockton, County of San Joaquin, State of California, which is legally described in Exhibit A-1 to the Development Agreement and shown on the map attached to the Development Agreement as Exhibit A-2 (“Site”). Capitalized terms used but not otherwise defined herein shall have the meaning ascribed to such terms in the Development Agreement.

B. Assignor is the fee owner of the Site, designated as APNs , more particularly described in Attachment 1 attached hereto and incorporated herein (“Property”).

C. Assignor desires to transfer its interest in the Property to Assignee concurrently with execution of this Assignment Agreement and Assignee desires to so acquire such interest in the Property from Assignor.

D. Article 13 of the Development Agreement provides that Assignor may assign its rights and obligations under the Development Agreement to another party, provided that the Assignor shall have provided to City at least thirty (30) days prior written notice and provided EXHIBIT 1
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that the assignor and the assignee document the assignment in an agreement substantially in the form of this Assignment Agreement.

E. Assignor has provided the required written notice to City of its intent to enter into an assignment and assumption agreement as required by Section 13.2 of the Development Agreement.

F. Assignor desires to assign to Assignee and Assignee desires to assume all rights and obligations of Assignor under the Development Agreement [or describe portion of rights and obligations assigned in case of partial assignment]. Upon execution of this Assignment Agreement and transfer to Assignee of legal title to the Property, Assignor desires to be released from any and all obligations under the Development Agreement with respect to the Property.

A G R E E M E N T
NOW, THEREFORE, Assignor, Assignee and City hereby agree as follows:

1. Assignment by Assignor. Assignor hereby assigns, transfers and grants to Assignee, and its successors and assigns, all of Assignor’s rights, title and interest and obligations, duties, responsibilities, conditions and restrictions under the Development Agreement with respect to the Property (collectively, “Rights and Obligations”).

2. Acceptance and Assumption by Assignee. Assignee, for itself and its successors and assigns, hereby accepts such assignment and assumes all such Rights and Obligations, whether accruing before or on or after the Assignment Agreement Effective Date (defined in Section 16 below). Assignee agrees, expressly for the benefit of City, to comply with, perform and execute all of the Rights and Obligations of Developer with respect to the Property arising from or under the Development Agreement.

3. Release of Assignor. Assignee and City hereby fully release Assignor from all Rights and Obligations. Both Assignor and Assignee acknowledge that this Assignment Agreement is intended to fully assign all of Assignor’s Rights and Obligations to Assignee, and it is expressly understood that Assignor shall not retain any Rights and Obligations whatsoever with respect to the Property.

4. Substitution of Assignor. Assignee hereafter shall be substituted for and replace Assignor in the Development Agreement with respect to the Property. Whenever the term “Developer” appears in the Development Agreement with respect to the Property, it shall hereafter mean Assignee.

5. Assignor and Assignee Agreements, Indemnifications and Waivers. a. Assignee represents and warrants to City as follows:
(i) Assignee is a
standing under the laws of the State of
duly formed within and in good
. The copies of
EXHIBIT 1
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the documents evidencing the formation of Assignee, which have been delivered to City, are true and complete copies of the originals, as amended to the date of this Assignment Agreement. Assignee has full right, power and lawful authority to undertake all obligations as provided herein and the execution, performance and delivery of this Assignment Agreement by Assignee has been fully authorized by all requisite actions on the part of Assignee.
(ii) Assignee’s execution, delivery and performance of its obligations under this Assignment Agreement will not constitute a default or a breach under any contract, agreement or order to which Assignee is a party or by which it is bound.
(iii) Assignee has not (i) made a general assignment for the benefit of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing of any involuntary petition by Assignee’s creditors, (iii) suffered the appointment of a receiver to take possession of all, or substantially all, of Assignee’s assets, (iv) suffered the attachment or other judicial seizure of all, or substantially all, of Assignee’s assets, (v) admitted in writing its inability to pay its debts as they come due, or (vi) made an offer of settlement, extension or composition to its creditors generally. (iv) As of the Assignment Agreement Effective Date, Assignee will own fee simple title to the Property.
b. Assignor and Assignee hereby acknowledge and agree that the City has not made, and will not make, any representation or warranty that the assignment and assumption of the Development Agreement provided for hereunder will have any particular tax implications for Assignor or Assignee.
c. Assignor and Assignee each hereby waives and releases and each hereby agrees to indemnify and hold City harmless from any and all damages, liabilities, causes of action, claims or potential claims against City (including attorneys’ fees and costs) arising out of this Assignment Agreement.
d. Assignor acknowledges and agrees that the Rights and Obligations with respect to the Property have been fully assigned to Assignee by this Assignment Agreement and, accordingly, that Assignee shall have the exclusive right to assert any claims against City with respect to such Rights and Obligations. Accordingly, without limiting any claims of Assignee under the Development Agreement, Assignor hereby waives any claims or potential claims by Assignor against City to the extent arising solely out of the Rights and Obligations with respect to the Property.

6. Development Agreement in Full Force and Effect. Except as specifically provided herein with respect to the assignment, all the terms, covenants, conditions and EXHIBIT 1
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provisions of the Development Agreement are hereby ratified and shall remain in full force and effect.

7. Recording. Assignor shall cause this Assignment Agreement to be recorded in the Official Records of San Joaquin County, California, and shall promptly provide conformed copies of the recorded Assignment Agreement to Assignee and City.

8. Successors and Assigns. Subject to the restrictions on transfer set forth in the Development Agreement, all of the terms, covenants, conditions and provisions of this Assignment Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns, pursuant to Article 13 and Section 15.2 of the Development Agreement.

9. Assignee Address for Notices. The address of Assignee for the purpose of notices, demands and communications under Section 15.3 of the Development Agreement shall be:

Attention:

Telephone:

With a copy to:

Attention:

Telephone:

10. Applicable Law/Venue. This Assignment Agreement shall be construed and enforced in accordance with the laws of the State of California, without reference to its choice of law provisions. Any legal actions under this Assignment Agreement shall be brought only in the Superior Court of the County of San Joaquin State of California.

11. Interpretation. All parties have been represented by counsel in the preparation and negotiation of this Assignment Agreement and this Assignment Agreement shall be construed according to the fair meaning of its language. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Assignment Agreement. Unless the context clearly requires otherwise: (a) the plural and singular numbers shall each be deemed to include the other; (b) the masculine, feminine, and neuter genders shall each be deemed to include the others; (c) “shall,” “will,” or “agrees” are mandatory, and “may” is permissive; (d) “or” is not exclusive; and (e) “includes” and “including” are not limiting.

EXHIBIT 1
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12. Headings. Section headings in this Assignment Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants or conditions of this Assignment Agreement.

13. Severability. Except as otherwise provided herein, if any provision(s) of this Assignment Agreement is (are) held invalid, the remainder of this Assignment Agreement shall not be affected, except as necessarily required by the invalid provisions, and shall remain in full force and effect unless amended or modified by mutual consent of the parties.

14. Counterparts. This Assignment Agreement may be executed in one or more counterparts, each of which shall be deemed to constitute an original, but all of which, when taken together, shall constitute one and the same instrument, with the same effect as if all of the parties to this Assignment Agreement had executed the same counterpart.

15. City Consent. City is executing this Assignment Agreement for the limited purpose of consenting to the assignment and assumption and clarifying that there is privity of contract between City, on the one hand, and Assignee on the other, with respect to the Development Agreement.

16. Effective Date. The Effective Date of this Assignment Agreement shall be the date upon which Assignee obtains fee title to or a ground lease for the Property and Assignor delivers evidence of the transfer to City (“Assignment Agreement Effective Date”). For the purposes of this Section, the evidence of transfer shall consist of a duly recorded deed or ground lease, and title report.
[SIGNATURES FOLLOW ON SEPARATE PAGES]
EXHIBIT 1
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IN WITNESS WHEREOF, Assignor, Assignee and City have entered into this Assignment Agreement as of the date first above written.

ASSIGNOR
, a
By:

Name:

Its:
[Signature must be notarized]
By:

Name:

Its:
[Signature must be notarized]

ASSIGNEE
, a
By:

Name:

Its:
[Signature must be notarized]
By:

Name:

Its:
[Signature must be notarized]
[SIGNATURES CONTINUED ON NEXT PAGE]
EXHIBIT 1
2669
CITY
CITY OF STOCKTON, a municipal corporation
By:
, City Manager
[Signature must be notarized]
ATTEST:

By:

Katherine Roland , City Clerk
APPROVED AS TO FORM:

By:

Lori Asuncion , City Attorney
EXHIBIT 1
2670

EXHIBIT E

PARKS PROGRAM
EXHIBIT 1
2671

BEAR CREEK SOUTH
Stockton, California

PARKS PROGRAM
(May 22, 2024, Updated October 29, 2024)
Background
The City of Stockton provided “park” comments on the 3 Tentative Maps that make up the Bear Creek South Residential Project in May of 2024. The following comment was noted on each map and the Bear Creek South Park Program has been prepared to address this particular city comment:
“As a reminder: Any Areas shown to be “Park” will be expected to have park amenities including but not limited to:
 A Playground/s
 Pathway Lighting
 Drinking Fountain
 Trash Receptacles
 Benches
 Picnic Facilities
 Sport Courts
 Trees
 Turf and Other Landscaping”
Bear Creek South Parks Program - Introduction
The following information has been prepared to identify the parks program ideas behind the future planning and design of multiple parks within the project site known as the Bear Creek South (BCS) Residential Project (“Project”). This project area is approximately 504 acres in size and will include approximately 2,241 single family residential units and a series of parks located throughout the project area.

The park plan includes an approximately 4.7-acre “Central” Park adjacent to the primary detention basin which is approximately 5.0 acres in size and centrally located, and surrounding these two facilities is an approximately 4.9-acre “Northwest” Park (Arnaiz); an approximately 7.7-acre “Northeast” Park (Klein and TPH); an approximately 4.9-acre “Southeast” Park (TPH); and an approximately 5.5-acre “Southwest” Park (Klein).

In addition, to the Parks, there will be a series of streets with an enhanced right of way to accommodate a pedestrian “wellness walk”. These “wellness walks” will tie the passive Central Park to the four (4) surrounding parks which each will have a unique set of park amenities to encourage movement throughout the project area and use of the parks.

EXHIBIT 1
2672
Future planning and design of multiple parks within the project site known as Bear Creek South will be the responsibility of the respective developers, including the subsequent park and open space improvements.

Per the City of Stockton Development Code, the following Traditional Park Needs formula identifies the required Park Acreage for the Bear Creek South Project:

Park and Open Space Formula BCS Numbers X = Needed
Acreage
Traditional Park Needs
per Development Code
X = 0.003(UP) U = Number of Units
P = Residents per Unit
2,241 x 3.13 21
Non-Traditional Area
(Open Space)
X = 0.002 (UP U = Number of Units
P = Residents per Unit
2,241 x 3.13
14 The Bear Creek South Project includes the following traditional park facilities:

A linear open space area along Bear Creek provides 22.3 acres of Open Space.

In summary, the Bear Creek South Project provides the following traditional and non-traditional park space:

CITY BCS PROJECT CITY BCS PROJECT
Needed
Traditional Park
Per Development Code
Provided
Traditional Park
Needed
Non-Traditional
Area
Provided
Non-Traditional
Area Thru OS/Bear
Creek

21.0 27.7 14.0 22.3
Parks Upper Area Lower Park Area /
Seasonal Shallow
Basin
Total Park
Acreages
Central Park 4.7 0 4.7
Northwest Park 2.9 2.0 4.9
Northeast Park 4.4 3.3 7.7
Southeast Park 2.7 2.2 4.9
Southwest Park 3.5 2.0 5.5
Total Park Acreages 18.2 9.5 27.7
EXHIBIT 1
2673
Description of Park Uses by Park
Central Park – Passive Amenities
The Central Park will be programmed as a passive park, with more active amenities programmed for the other 4 surrounding parks. The Central Park storm basin is not suitable for use, however the basin will be planted with basin-appropriate shrubs and trees, to give it more of a native look to complement the passive uses within the Central Park. The Central Park perimeter will have some grass and a perimeter path, with benches and game tables, and space to throw a frisbee or have a picnic on the grass.

Southwest and Northeast Parks – Sports Related Amenities The Northeast and Southwest Parks will be active with a sports/fitness focus. Their dimensions, with their rectangular shapes, make them more suited for sports-related fields that can be utilized for pickup games as well as kids’ soccer practice.

Northwest and Southeast Parks – Gathering Areas with related Amenities The Northwest and Southeast would be destinations for kids' playdates and birthday parties and walking your dog with a friend.

The table below identifies a list of uses for consideration within each of the parks discussed above.

EXHIBIT 1
2674

BEAR CREEK SOUTH PARK PROGRAM
Proposed Amenities and Locations
Passive Active – Sports/Fitness Active – Gathering
Central Park Northeast Park Southwest
Park
Northwest Park Southeast Park
• Perimeter
Path
• Benches
• Game Tables
• Entry
Features
Adjacent to
Main Road
• Natural
landscaping
within portion
of basin
(location to be
determined
with input from
engineers)
• Soccer Field
• Pickle Ball
Courts
• Basketball
Courts
• Benches
• Entry
Feature
Adjacent to
Main Road
• Basketball
Courts
• Soccer
Field
• Benches
• Disk Golf
Baskets
• Playground
• Passive Turf
Area
• Picnic Tables
with Shade
Structure
• Benches
• Passive Turf
Area
• Dog Park
• Tot Lot
• Entry
Statement
Along Main
Road
• Playground
• Picnic Tables
with Shade
Structure
Note: Other amenities will be included as needed, including but not limited to, drinking fountains, landscaping (including trees), trash receptacles, and path lighting.

EXHIBIT 1
2675

EXHIBIT F
List of FY 2025/26 Public Facility Fees
EXHIBIT 1
2676
Account # Effective
Date
Description Amount
Non-Residential
5540-000-444000-310-322-00-55-901009 7/1/2025 Office/High Density (per 1,000 sq. ft.) $329.00 5540-000-444000-310-322-00-55-901009 7/1/2025 Retail/Medium Density (per 1,000 sq. ft.) $689.00 5540-000-444000-310-322-00-55-901009 7/1/2025 Warehouse/Low Density (per 1,000 sq. ft.) $405.00 Residential
5540-000-444000-310-322-00-55-901009 7/1/2025 Single Family Units (per unit) $187.00 5540-000-444000-310-322-00-55-901009 7/1/2025 Multiple Family Units (per unit) $127.00 5540-000-444000-310-322-00-55-901009 7/1/2025 Guest Rooms (per room) $120.00 Division General Comments (Applicable to all Fees)
All Fee Areas - Additional 3.5% Administrative Fee
City of Stockton F - 92 FY 2025-26 Adopted
Fee Schedule

EXHIBIT )
Public Facility Fees
Air Quality
(209) 937-8270
FY 2025-26 Adopted Fee Schedule
EXHIBIT 1
2677
Account # Effective
Date
Description Amount
Non-Residential
5540-000-444000-310-314-00-55-901002 7/1/2025 Office/High Density (per 1,000 sq. ft.) (1) $43.75 5540-000-444000-310-314-00-55-901002 7/1/2025 Retail/Medium Density (per 1,000 sq. ft.) (1) $22.50 5540-000-444000-310-314-00-55-901002 7/1/2025 Warehouse/Low Density (per 1,000 sq. ft.) (1) $25.50 Residential - Existing City Limits
5540-000-444000-310-314-00-55-901002 7/1/2025 Single Family Units (per unit) (1) $467.00 5540-000-444000-310-314-00-55-901002 7/1/2025 Multiple Family Units (per unit) (1) $391.00 5540-000-444000-310-314-00-55-901002 7/1/2025 Guest Rooms (per unit) (1) $49.00 Residential - Greater Downtown Area
5540-000-444000-310-314-00-55-901002 7/1/2025 Single Family Units (per unit) (1) EXEMPT 5540-000-444000-310-314-00-55-901002 7/1/2025 Multiple Family Units (per unit) (1) EXEMPT 5540-000-444000-310-314-00-55-901002 7/1/2025 Guest Rooms (per room) (1) $49.00 Residential - Outside City Limits
5540-000-444000-310-314-00-55-901002 7/1/2025 Single Family Units (per unit) (1) $467.00 5540-000-444000-310-314-00-55-901002 7/1/2025 Multiple Family Units (per unit) (1) $391.00 5540-000-444000-310-314-00-55-901002 7/1/2025 Guest Rooms (per room) (1) $49.00 Division General Comments (Applicable to all Fees)
All Fee Areas - Additional 3.5% Administrative Fee
Division Footnotes
(1) The non-residential development fees listed reflect a 50% reduction as part of the Stockton Economic Stimulus Program (SESP).

City of Stockton F - 93 FY 2025-26 Adopted
Fee Schedule

EXHIBIT )
Public Facility Fees
City Office Space
(209) 937-8270
FY 2025-26 Adopted Fee Schedule
EXHIBIT 1
2678
Community Recreation Centers
(209) 937-8270
FY 2025-26 Adopted Fee Schedule
Account # Effective
Date
Description Amount
Non-Residential
5540-000-444000-310-313-00-55-901003 7/1/2025 Office/High Density (per 1,000 sq. ft.) (1) $39.50 5540-000-444000-310-313-00-55-901003 7/1/2025 Retail/Medium Density (per 1,000 sq. ft.) (1) $20.25 5540-000-444000-310-313-00-55-901003 7/1/2025 Warehouse/Low Density (per 1,000 sq. ft.) (1) $23.25 Residential - Existing City Limits
5540-000-444000-310-313-00-55-901003 7/1/2025 Single Family Units (per unit) (1) $481.00 5540-000-444000-310-313-00-55-901003 7/1/2025 Multiple Family Units (per unit) (1) $405.00 5540-000-444000-310-313-00-55-901003 7/1/2025 Guest Rooms (per room) (1) EXEMPT Residential - Greater Downtown Area
5540-000-444000-310-313-00-55-901003 7/1/2025 Single Family Units (per unit) (1) EXEMPT 5540-000-444000-310-313-00-55-901003 7/1/2025 Multiple Family Units (per unit) (1) EXEMPT 5540-000-444000-310-313-00-55-901003 7/1/2025 Guest Rooms (per room) (1) EXEMPT Residential - Outside City Limits
5540-000-444000-310-313-00-55-901003 7/1/2025 Single Family Units (per unit) (1) $481.00 5540-000-444000-310-313-00-55-901003 7/1/2025 Multiple Family Units (per unit) (1) $405.00 5540-000-444000-310-313-00-55-901003 7/1/2025 Guest Rooms (per room) (1) EXEMPT Division General Comments (Applicable to all Fees)
All Fee Areas - Additional 3.5% Administrative Fee
Division Footnotes
(1) The non-residential development fees listed reflect a 50% reduction as part of the Stockton Economic Stimulus Program (SESP).

City of Stockton F - 94 FY 2025-26 Adopted
Fee Schedule

EXHIBIT )
Public Facility Fees
EXHIBIT 1
2679
Account # Effective
Date
Description Amount
Non-Residential
5540-000-444000-310-315-00-55-901004 7/1/2025 Office/High Density (per 1,000 sq. ft.) (1) $118.50 5540-000-444000-310-315-00-55-901004 7/1/2025 Retail/Medium Density (per 1,000 sq. ft.) (1) $61.00 5540-000-444000-310-315-00-55-901004 7/1/2025 Warehouse/Low Density (per 1,000 sq. ft.) (1) $54.00 Residential - Existing City Limits
5540-000-444000-310-315-00-55-901004 7/1/2025 Single Family Units (per unit) (1) $781.00 5540-000-444000-310-315-00-55-901004 7/1/2025 Multiple Family Units (per unit) (1) $658.00 5540-000-444000-310-315-00-55-901004 7/1/2025 Guest Rooms (per room) (1) $44.50 Residential - Greater Downtown Area
5540-000-444000-310-315-00-55-901004 7/1/2025 Single Family Units (per unit) (1) EXEMPT 5540-000-444000-310-315-00-55-901004 7/1/2025 Multiple Family Units (per unit) (1) EXEMPT 5540-000-444000-310-315-00-55-901004 7/1/2025 Guest Rooms (per room) (1) $44.50 Residential - Outside City Limits
5540-000-444000-310-315-00-55-901004 7/1/2025 Single Family Units (per unit) (1) $781.00 5540-000-444000-310-315-00-55-901004 7/1/2025 Multiple Family Units (per unit) (1) $658.00 5540-000-444000-310-315-00-55-901004 7/1/2025 Guest Rooms (per room) (1) $44.50 Division General Comments (Applicable to all Fees)
All Fee Areas - Additional 3.5% Administrative Fee
Division Footnotes
(1) The non-residential development fees listed reflect a 50% reduction as part of the Stockton Economic Stimulus Program (SESP).

City of Stockton F - 96 FY 2025-26 Adopted
Fee Schedule

EXHIBIT )
Public Facility Fees
Fire Stations
(209) 937-8270
FY 2025-26 Adopted Fee Schedule
EXHIBIT 1
2680
Account # Effective
Date
Description Amount
Non-Residential
5540-000-444000-310-316-00-55-901005 7/1/2025 Office/High Density (per 1,000 sq. ft.) (1) $94.50 5540-000-444000-310-316-00-55-901005 7/1/2025 Retail/Medium Density (per 1,000 sq. ft.) (1) $48.50 5540-000-444000-310-316-00-55-901005 7/1/2025 Warehouse/Low Density (per 1,000 sq. ft.) (1) $56.00 Residential - Existing City Limits
5540-000-444000-310-316-00-55-901005 7/1/2025 Single Family Units (per unit) (1) $902.00 5540-000-444000-310-316-00-55-901005 7/1/2025 Multiple Family Units (per unit) (1) $761.00 5540-000-444000-310-316-00-55-901005 7/1/2025 Guest Rooms (per room) (1) $85.50 Residential - Greater Downtown Area
5540-000-444000-310-316-00-55-901005 7/1/2025 Single Family Units (per unit) (1) EXEMPT 5540-000-444000-310-316-00-55-901005 7/1/2025 Multiple Family Units (per unit) (1) EXEMPT 5540-000-444000-310-316-00-55-901005 7/1/2025 Guest Rooms (per room) (1) $85.50 Residential - Outside City Limits
5540-000-444000-310-316-00-55-901005 7/1/2025 Single Family Units (per unit) (1) $902.00 5540-000-444000-310-316-00-55-901005 7/1/2025 Multiple Family Units (per unit) (1) $761.00 5540-000-444000-310-316-00-55-901005 7/1/2025 Guest Rooms (per room) (1) $85.50 Division General Comments (Applicable to all Fees)
All Fee Areas - Additional 3.5% Administrative Fee
Division Footnotes
(1) The non-residential development fees listed reflect a 50% reduction as part of the Stockton Economic Stimulus Program (SESP).

City of Stockton F - 97 FY 2025-26 Adopted
Fee Schedule

EXHIBIT )
Public Facility Fees
Libraries
(209) 937-8270
FY 2025-26 Adopted Fee Schedule
EXHIBIT 1
2681
Account # Effective
Date
Description Amount
Non-Residential
5540-000-444000-310-318-00-55-901006 7/1/2025 Office/High Density EXEMPT 5540-000-444000-310-318-00-55-901006 7/1/2025 Retail/Medium Density EXEMPT 5540-000-444000-310-318-00-55-901006 7/1/2025 Warehouse/Low Density EXEMPT Residential
5540-000-444000-310-318-00-55-901006 7/1/2025 Single Family Units (per unit) $2,798.00 5540-000-444000-310-318-00-55-901006 7/1/2025 Multiple Family Units (per unit) $1,712.00 5540-000-444000-310-318-00-55-901006 7/1/2025 Guest Rooms (per unit) EXEMPT Residential - Greater Downtown Area
5540-000-444000-310-318-00-55-901006 7/1/2025 Single Family Units (per unit) EXEMPT 5540-000-444000-310-318-00-55-901006 7/1/2025 Multiple Family Units (per unit) EXEMPT 5540-000-444000-310-318-00-55-901006 7/1/2025 Guest Rooms (per unit) EXEMPT Division General Comments (Applicable to all Fees)
All Fee Areas - Additional 3.5% Administrative Fee
City of Stockton F - 99 FY 2025-26 Adopted
Fee Schedule

EXHIBIT )
Public Facility Fees
Parkland
(209) 937-8270
FY 2025-26 Adopted Fee Schedule
EXHIBIT 1
2682
Police Station Expansion
(209) 937-8270
FY 2025-26 Adopted Fee Schedule
Account # Effective
Date
Description Amount
Non-Residential
5540-000-444000-310-317-00-55-901007 7/1/2025 Office/High Density (per 1,000 sq. ft.) (1) $105.50 5540-000-444000-310-317-00-55-901007 7/1/2025 Retail/Medium Density (per 1,000 sq. ft.) (1) $54.00 5540-000-444000-310-317-00-55-901007 7/1/2025 Warehouse/Low Density (per 1,000 sq. ft.) (1) $62.00 Residential - Existing City Limits
5540-000-444000-310-317-00-55-901007 7/1/2025 Single Family Units (per unit) (1) $591.00 5540-000-444000-310-317-00-55-901007 7/1/2025 Multiple Family Units (per unit) (1) $497.00 5540-000-444000-310-317-00-55-901007 7/1/2025 Guest Rooms (per room) (1) $99.50 Residential - Greater Downtown Area
5540-000-444000-310-317-00-55-901007 7/1/2025 Single Family Units (per unit) (1) EXEMPT 5540-000-444000-310-317-00-55-901007 7/1/2025 Multiple Family Units (per unit) (1) EXEMPT 5540-000-444000-310-317-00-55-901007 7/1/2025 Guest Rooms (per room) (1) $99.50 Residential - Outside City Limits
5540-000-444000-310-317-00-55-901007 7/1/2025 Single Family Units (per unit) (1) $591.00 5540-000-444000-310-317-00-55-901007 7/1/2025 Multiple Family Units (per unit) (1) $497.00 5540-000-444000-310-317-00-55-901007 7/1/2025 Guest Rooms (per room) (1) $99.50 Division General Comments (Applicable to all Fees)
All Fee Areas - Additional 3.5% Administrative Fee
Division Footnotes
(1) The non-residential development fees listed reflect a 50% reduction as part of the Stockton Economic Stimulus Program (SESP).

City of Stockton F - 100 FY 2025-26 Adopted
Fee Schedule

EXHIBIT )
Public Facility Fees
EXHIBIT 1
2683
Account # Effective
Date
Description Amount
Non-Residential
5540-000-444000-310-312-00-55-901008 7/1/2025 Office/High Density, (per 1,000 sq. ft.) (1) $2,412.00 5540-000-444000-310-312-00-55-901008 7/1/2025 Retail/Medium Density, (per 1,000 sq. ft.) (1) $3,177.00 5540-000-444000-310-312-00-55-901008 7/1/2025 Warehouse/Low Density, (per 1,000 sq. ft.) (1) $931.50 Residential - Existing City Limits
5540-000-444000-310-312-00-55-901008 7/1/2025 Single Family Units (per unit) (1) $13,226.00 5540-000-444000-310-312-00-55-901008 7/1/2025 Multiple Family Units (per unit) (1) $9,656.00 5540-000-444000-310-312-00-55-901008 7/1/2025 Guest Rooms (per room) (1) $5,157.50 Residential - Greater Downtown Area
5540-000-444000-310-312-00-55-901008 7/1/2025 Single Family Units (per unit) (1) EXEMPT 5540-000-444000-310-312-00-55-901008 7/1/2025 Multiple Family Units (per unit) (1) EXEMPT 5540-000-444000-310-312-00-55-901008 7/1/2025 Guest Rooms (per room) (1) $5,157.50 Residential - Outside City Limits
5540-000-444000-310-312-00-55-901008 7/1/2025 Single Family Units (per unit) (1) $13,226.00 5540-000-444000-310-312-00-55-901008 7/1/2025 Multiple Family Units (per unit) (1) $9,656.00 5540-000-444000-310-312-00-55-901008 7/1/2025 Guest Rooms (per room) (1) $5,157.50 Multipliers for specific land use categories
5540-000-444000-310-312-00-55-901008 7/1/2025 High Cube (DUE per 1,000 square feet:

Warehousing/distribution projects with a
building area over 500,000 square feet and
interior ceiling height greater than 27 feet). (1)
.059
5540-000-444000-310-312-00-55-901008 7/1/2025 Church and Accessory Uses (DUE per 1,000 square feet) (1)
.396
5540-000-444000-310-312-00-55-901008 7/1/2025 Elementary School (DUE per 1,000 square feet) (1)
.154
5540-000-444000-310-312-00-55-901008 7/1/2025 Elementary School (DUE per student) (1) .010 5540-000-444000-310-312-00-55-901008 7/1/2025 High School (DUE per 1,000 square feet) (1) .462 5540-000-444000-310-312-00-55-901008 7/1/2025 High School (DUE per student) (1) .040 Division General Comments (Applicable to all Fees)
All Fee Areas - Additional 3.5% Administrative Fee
Division Footnotes
(1) Multipliers to be applied to the Single Family Unit, Dwelling Unit Equivalent (DUE) Street Improvement Fee for categories that do not fit into any existing land use categories.

The non-residential development fees listed reflect a 50% reduction as part of the Stockton Economic Stimulus Program (SESP).

City of Stockton F - 102 FY 2025-26 Adopted
Fee Schedule

EXHIBIT )
Public Facility Fees
Street Improvements
(209) 937-8270
FY 2025-26 Adopted Fee Schedule
EXHIBIT 1
2684
Account # Effective
Date
Description Amount
5540-000-444000-310-319-00-55-901011 7/1/2025 Tree without root barrier, per tree $140.00 5540-000-444000-310-319-00-55-901011 7/1/2025 Tree wells with root barrier, per tree $195.00 Division General Comments (Applicable to all Fees)
All Fee Areas - Additional 3.5% Administrative Fee
City of Stockton F - 103 FY 2025-26 Adopted
Fee Schedule

EXHIBIT )
Public Facility Fees
Street Trees
(209) 937-8270
FY 2025-26 Adopted Fee Schedule
EXHIBIT 1
2685
Account # Effective
Date
Description Amount
Varies 7/1/2025 Single Family Detached (PURD SFD) per D.U.

Units - 10 Trip Ends per unit
$110.00
Varies 7/1/2025 Condominium (PURD SFA) per D.U. Units - 8.6 Trip Ends per unit
$94.00
Varies 7/1/2025 Mobile Home per D.U. Units - 5.4 Trip Ends per unit
$59.00
Varies 7/1/2025 Apartment per D.U. Units - 6.1 Trip Ends per unit
$66.50
Varies 7/1/2025 Retirement Village per D.U. Units - 3.3 Trip Ends per unit
$36.00
Varies 7/1/2025 Hotel per Room Units - 11 Trip Ends per unit $122.00 Varies 7/1/2025 Motel per Room Units - 9.6 Trip Ends per unit $106.00 Varies 7/1/2025 Daycare/Preschool per Student Units - 5 Trip Ends per unit
$55.00
Varies 7/1/2025 Daycare/Preschool per 1,000 sq. feet Units - 79 Trip Ends per unit
$866.00
Varies 7/1/2025 Elementary--Intermediate School per Student Units - 0.5 Trip Ends per unit
$5.50
Varies 7/1/2025 High School per Student Units - 1.2 Trip Ends per unit
$13.25
Varies 7/1/2025 Junior College--Community College per Student Units - 1.6 Trip Ends per unit
$17.75
Varies 7/1/2025 University per Student Units - 2.4 Trip Ends per unit
$26.50
Varies 7/1/2025 Church & Accessory Use per 1,000 sq. feet Units - 7.7 Trip Ends per unit
$84.50
Varies 7/1/2025 Industrial-Warehouse-Manufacturer per 1,000 sq. feet Units - 7.6 Trip Ends per unit
$83.25
Varies 7/1/2025 Industrial-Warehouse-Manufacturer per Acre Units - 80.8 Trip Ends per unit
$885.00
Varies 7/1/2025 Industrial Service per 1,000 sq. feet Units - 20.26 Trip Ends per unit
$223.00
Varies 7/1/2025 Truck Terminal--Distribution Center per 1,000 sq. feet Units - 9.86 Trip Ends per unit
$108.00
Varies 7/1/2025 Mini-/Self Storage per 1,000 sq. feet Units - 2.8 Trip Ends per unit
$30.75
Varies 7/1/2025 Lumber Yard per 1,000 sq. feet Units - 34.5 Trip Ends per unit
$379.00
Varies 7/1/2025 Lumber Yard w/open storage/sales per Acre Units - 148 Trip Ends per unit
$1,622.00
Varies 7/1/2025 Home Imp. Center per 1,000 sq. feet Units - 64.6 Trip Ends per unit
$709.00
Varies 7/1/2025 Shopping Center by size (sq. ft.) - Less than 50,000 per 1,000 sq. feet Units - 116 Trip Ends
per unit
$1,271.00
City of Stockton F - 105 FY 2025-26 Adopted
Fee Schedule
(XHIBIT )
Public Facility Fees
Traffic Signals
(209) 937-8270
FY 2025-26 Adopted Fee Schedule
EXHIBIT 1
2686
Account # Effective
Date
Description Amount
Varies 7/1/2025 Shopping Center by size (sq. ft.) - 50,000-99,999 per 1,000 sq. feet Units - 79.1 Trip Ends per unit
$866.00
Varies 7/1/2025 Shopping Center by size (sq. ft.) - 100,000- 199,999 per 1,000 sq. feet Units - 60.4 Trip Ends
per unit
$662.00
Varies 7/1/2025 Shopping Center by size (sq. ft.) - 200,000- 299,999 per 1,000 sq. feet Units - 49.9 Trip Ends
per unit
$547.00
Varies 7/1/2025 Shopping Center by size (sq. ft.) - 300,000- 399,999 per 1,000 sq. feet Units - 44.4 Trip Ends
per unit
$486.00
Varies 7/1/2025 Shopping Center by size (sq. ft.) - 400,000- 499,999 per 1,000 sq. feet Units - 41.6 Trip Ends
per unit
$456.00
Varies 7/1/2025 Shopping Center by size (sq. ft.) - 500,000- 999,999 per 1,000 sq. feet Units - 35.5 Trip Ends
per unit
$389.00
Varies 7/1/2025 Shopping Center by size (sq. ft.) - 1,000,000- 1,250,000 per 1,000 sq. feet Units - 31.5 Trip
Ends per unit
$345.00
Varies 7/1/2025 Boat Launching Ramp per Space Units - 3 Trip Ends per unit
$33.50
Varies 7/1/2025 Free Standing Retail per 1,000 sq. feet Units -

73.7 Trip Ends per unit
$808.00
Varies 7/1/2025 Ambulance Dispatch per 1,000 sq. feet Units -

73.7 Trip Ends per unit
$808.00
Varies 7/1/2025 Service Station--more than 2 pumps or 4 nozzles per Site Units - 748 Trip Ends per unit
$8,193.00
Varies 7/1/2025 Truck Stop per Site Units - 825 Trip Ends per unit $9,036.00 Varies 7/1/2025 Used Car (No service) per Acre Units - 55 Trip Ends per unit
$603.00
Varies 7/1/2025 New Car/New Boat Dealer/Car Rental per 1,000 sq. feet Units - 44.3 Trip Ends per unit
$485.00
Varies 7/1/2025 Auto Center Dealership per 1,000 sq. feet Units - 31.25 Trip Ends per unit
$342.00
Varies 7/1/2025 General Auto Repair/Body Shop per 1,000 sq. feet Units - 27.2 Trip Ends per unit
$298.00
Varies 7/1/2025 Self Service Car Wash per Stall Units - 52 Trip Ends per unit
$571.00
Varies 7/1/2025 Automatic Car Wash per Site Units - 900 Trip Ends per unit
$9,859.00
Varies 7/1/2025 Auto Supply per 1,000 sq. feet Units - 89 Trip Ends per unit
$976.00
Varies 7/1/2025 Drug Store/Pharmacy per 1,000 sq. feet Units -

43.9 Trip Ends per unit
$482.00
City of Stockton F - 106 FY 2025-26 Adopted
Fee Schedule

EXHIBIT )
Public Facility Fees
Traffic Signals
(209) 937-8270
FY 2025-26 Adopted Fee Schedule
EXHIBIT 1
2687
15183 CONSISTENCY CHECKLIST

FOR THE

BEAR CREEK SOUTH RESIDENTIAL PROJECT
MARCH 2026
Prepared for:

City of Stockton
345 N. El Dorado Street
Stockton, CA 95202
Prepared by:

De Novo Planning Group
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
(916) 580-9818
De Novo Planning Group
A Land Use Planning, Design, and Environmental Firm
EXHIBIT 2
For the complete document, please visit our website at:
https://cms3.revize.com/revize/stockton/Stockton%20BCS% 2015183%20checklist_FINAL.pdf?
t=202603301807410&t=202603301807410
2688
`Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE LOCAL AGENCY FORMATIONCOMMISSION FOR THE ANNEXATION OF ASSESSOR’S PARCEL NUMBERS (APNS 120-020-27; -11; -12; -26; -30; -31; -32; 120-030-10; -06; -07; -09; 122-010-04 (PORTION OF); -05 (PORTION OF); 124-010-01; -03 and -07,

WITH RELATED CITY SERVICES PLAN
On May 25, 2023, the applicant “Bear Creek Venture”, which consists of three (3) developers, Eight Mile Road Investors LLC (Arnaiz), Bear Creek Family Limited Partnership (Klein), and Tri Pointe Homes Holdings, Inc. (Tri Pointe), submitted a request to, amongst other requests, Prezone Assessor’s Parcel Numbers (APNs) 120-020-260; - 27; -30; -31; -32; and a portion of -30; 120-030-06; -07; -09; and -10; 122-010-05; 124- 010-01; -03; -07; 124-020-11 and -12 to a mix of zoning which includes Residential, Low (RL), Public Facilities (PF), and Open Space (OS) zoning; and The application for annexation is a formal request by an applicant to have the identified property incorporated into the City for the purpose of obtaining access to City services; and
Pursuant to California Government Code Section 56653 of the Cortese/Knox Local Government Reorganization Act of 1985, the San Joaquin County Local Agency Formation Commission (SJLAFCo) requires that any application for a change of organization or reorganization be accompanied by a plan for providing services to the affected property; and
The applicant has proposed that services be provided pursuant to the City Services Plan attached as Exhibit 1; and
In accordance with Section 56375(a)(7) of the Cortese/Knox Local Government Reorganization Act of 1985 and the policies of the SJLAFCo, the City Council has concurrently with this resolution adopted an ordinance to prezone Assessor’s Parcel Numbers (APNs) 120-020-27; -11; -12; -26; -30; -31; -32; 120-030-10; -06; -07; -09; 122- 010-04 (portion of); -05; 124-010-01; -03 and -07 to a mix of zoning which includes Residential, Low Density (RL) zoning, as well as Public Facilities (PF), and Open Space (OS) zoning; and
On April 9, 2026, the Planning Commission held a duly noticed public hearing, pursuant to Stockton Municipal Code (SMC) Section 16.116.040(D), to consider the proposed prezoning, at which all interested parties had the opportunity to be heard; and at the said meeting the Planning Commission considered, and recommended approval to the City Council for prezoning of the Project parcels; and 2689
On July 7, 2026, the City Council held a duly noticed public hearing pursuant to Stockton Municipal Code Section 16.216.070, at which time all interested parties had the opportunity to be heard. After consideration of the project, the City Council considered and approved all aspects of the Project; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

Annexation:

Pursuant to Stockton Municipal Code Sections 16.216.070(H)(2) and 16.216.080, the following findings of fact are made to support the annexation application:

SMC 16.216.070(H)(2)
a) The unincorporated property is within, or will be within, the urban services area of the City.

The subject territory is located within the urban services area of the City, as shown in Exhibit 2: Annexation Map.
b) The property has been prezoned with City of Stockton zoning designations.

Assessor’s Parcel Numbers (APNs) 120-020-27; -11; -12; -26; -30; -31; - 32; 120-030-10; -06; -070; -09; 122-010-04 (portion of); -05; 124-010-01; - 03 and -07 have been approved for prezoning to a mix of zoning which includes Residential, Low Density (RL) zoning, as well as Public Facilities (PF), and Open Space (OS) zoning.
c) The proposal is contiguous to existing City limits.

The subject territory is contiguous to the existing City limits, as shown in Exhibit 2: Annexation Map. The subject territory abuts Bear Creek to the north, East Morada Lane to the south, West Lane to the west, and Union Pacific Railroad right-of-way to the east. The subject territory also is directly continuous to parcels running along the north, south, east, and west boundaries.
d) The proposal does not split lines of assessment or ownership.

The proposed annexation does not split a line of assessment and includes a future subdivision map application to ensure property ownership lines align with the City limit boundary established by the annexation. This finding is supported by SJ LAFCo Policy 10 (Definite and Certain Boundaries) which requires: (a) all boundaries shall be and certain and conform to lines of assessment or ownership; and (b) acknowledgement 2690
by the City of Stockton that the Council may impose a condition on the annexation requiring the recordation of a parcel map to avoid creating remnants of legal lots.
e) The proposal does not create islands or areas in which it would be difficult to provide City services.

The proposal does not create islands or areas in which it would not be easy to provide City services. The subject territory is completely surrounded on all sides by properties already within the City of Stockton, and conversely removes a County island. The proposal utilizes said services without creating a feature that may make their delivery difficult to other areas.
f) The proposal is consistent with the land uses, objectives, policies, and programs of the General Plan; any applicable specific plan, precise road plan, or master development plan; and other adopted goals and policies of the City.

The proposed annexation would maintain consistency with other applicable General Plan goals and policies, including:
i. Goal LU-6: Provide for orderly, well-planned and balanced development. With the adoption of a companion Zoning Map Amendment, the Project would not create any inconsistencies with the Development Code.
ii. Policy LU-6.3: Ensure that all neighborhoods have access to wellmaintained public facilities and utilities that meet community service needs.
iii. Goal and Policy HE-2: Provide a range of housing types, densities, designs, and meet existing and projected housing needs for all economic segments of Stockton.
iv. Policy HE-2.3: The City shall encourage and provide opportunities for a variety of housing types that provide market rate, affordable housing opportunities and promote balanced mixed-income neighborhoods
The proposed Project ensures and maintains internal consistency with general land uses, objectives, policies, programs, and actions of all elements of the General Plan on balance and would not create any inconsistencies with this Development Code.
2691
Conclusion
As referenced above, per SMC 16.216.070(H)(2) and 16.216.080, all findings of fact can be made to approve the annexation request.

1. The foregoing recitals are true and correct and incorporated here by reference.

2. The City Council considered the Project and determined that it is in compliance with the California Environmental Quality Act (CEQA). The Bear Creek South Residential Project is consistent with the Envision Stockton 2040 General Plan and was fully contemplated within the scope of the previously certified 2040 GP EIR.

Residential development of the Bear Creek South lands at or above the density of the proposed Project has been contemplated in multiple prior General Plan iterations and associated environmental reviews. A Section 15183 Consistency Checklist was prepared which demonstrates that the Project would not result in new or more severe significant impacts beyond those previously evaluated. In particular, the Section 15183 Consistency Checklist provides substantial evidence that the Project is consistent with the General Plan and the Project meets the requirements of the statutory exemption defined under Public Resources Code section 21083.3 and CEQA Guidelines section 15183.

Based on specific examination of the Project and its site, and pursuant to Public Resources Code section 21083.3 and CEQA Guidelines section 15183, the Project does not result in new, peculiar, or more severe environmental impacts beyond those previously analyzed. Further, the Section 15183 Consistency Checklist shows that any potential impacts of the Project or the site can and will be adequately addressed through uniformly applied development policies, standards, and existing legal and regulatory requirements (e.g., General Plan policies and actions, along with federal, state, and local regulations), consistent with CEQA Guidelines section 15183(c).

Accordingly, the statutory exemption provided by Public Resources Code section 21083.3 and CEQA Guidelines section 15183 applies here, and no additional environmental document is required under CEQA. The Project also incorporates robust project requirements to ensure the project is consistent with General Plan policies and action items that were designed to address cultural and tribal cultural resources, ensuring compliance with applicable law and consistency with the intent of AB 52 under CEQA.

3. The City Manager is authorized to file an application for annexation with the San Joaquin County Local Agency Formation Commission, as described in Exhibit 1 (City Services Plan), and Exhibit 2 (Annexation Map).

4. The San Joaquin County Local Agency Formation Commission is hereby requested to approve the above-noted annexation of territory to the City of Stockton as depicted on Exhibit 2, Annexation Map.
2692

5. The City Manager is authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED July 7, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
2693

ANNEXATION PLAN

FOR THE

BEAR CREEK SOUTH PROJECT
MAY 12, 2026
Prepared for:

San Joaquin County Local Agency Formation Commission
509 West Weber Avenue, Suite 420
Stockton, CA 95203
(209) 468-3198
and
City of Stockton
345 N. El Dorado Street
Stockton, CA 95202
Prepared by:

De Novo Planning Group
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
(916) 949-3231
D e N o v o P l a n n i n g G r o u p
A L a n d U s e P l a n n i n g , D e s i g n , a n d E n v i r o n m e n t a l F i r m EXHIBIT 1
2694
EXHIBIT 1
2695

ANNEXATION PLAN

FOR THE

BEAR CREEK SOUTH PROJECT
MAY 12, 2026
Prepared for:

San Joaquin County Local Agency Formation Commission
509 West Weber Avenue, Suite 420
Stockton, CA 95203
(209) 468-3198
and
City of Stockton
345 N. El Dorado Street
Stockton, CA 95202
Prepared by:

De Novo Planning Group
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
(916) 949-3231
EXHIBIT 1
2696
EXHIBIT 1
2697

TABLE OF CONTENTS TOC
City of Stockton – Bear Creek South Project TOC-1
Section Page Number
Executive Summary.......................................................................................................................... 1 Annexation Plan Contents ............................................................................................................... 2 Open Space Conversion Statement................................................................................................. 4 Agricultural lands................................................................................................................ 5 Soils..................................................................................................................................... 6 Justification for Approval ................................................................................................... 7 Residential Entitlement Matrix...................................................................................................... 12 City Services Plan ........................................................................................................................... 13 Introduction...................................................................................................................... 13 Discussion ......................................................................................................................... 14 Water................................................................................................................................ 15 Stormwater....................................................................................................................... 19 Wastewater ...................................................................................................................... 22 Solid Waste ....................................................................................................................... 25 Electricity and Natural Gas ............................................................................................... 25 Police Services................................................................................................................... 26 Fire Services...................................................................................................................... 27 School Services ................................................................................................................. 30 Parks and Recreation ........................................................................................................ 30 Other Government Facilities............................................................................................. 31 Findings............................................................................................................................. 31 Timely Availability of Water Supplies............................................................................................ 31 Fair Share Housing Needs.............................................................................................................. 33 EXHIBIT 1
2698

TABLE OF CONTENTS TOC
TOC-2 City of Stockton – Bear Creek South Project
Tables Page Number
Table 1: Pipeline Projects Summary .............................................................................................. 12 Table 2: Gross Land Use Summary – Development....................................................................... 15 Table 3: Summary Of Projected Water Supply .............................................................................. 16 Table 4: Total Projected Water Demand ....................................................................................... 32 Table 5: Unit Needs Based On Built And Approved Units.............................................................. 34 EXHIBIT 1
2699

ANNEXATION PLAN
City of Stockton – Bear Creek South Project 1
BEAR CREEK SOUTH PROJECT –ANNEXATION PLAN

EXECUTIVE SUMMARY
Introduction
This Annexation Plan is designed to provide important background information to allow for a thorough justification of this annexation proposal and to ensure compliance with all San Joaquin Local Agency Formation Commission (LAFCo) rules and regulations and other all applicable regulatory requirements (including the California Government Code).

The City of Stockton (City) proposes to annex 15 parcels in an unincorporated area of San Joaquin County (County), totaling 530.18 acres. This includes the proposed 503.89-acre Development Area (including future right-of-way and existing roadway right-of-way along West Lane and Morada Lane) and 26.29-acre Non-Development Area.

The annexation area is within the City of Stockton’s 10-Year planning horizon per the City’s Sphere of Influence (SOI) Map and is a logical extension of the existing City limits. Each of the three components of the annexation proposal (hereinafter “Annexation Project”) are described below.

A Notice of Completion was filed with the State Clearinghouse for the Bear Creek South Project Environmental Checklist on April 16, 2025.

DEVELOPMENT AREA
The Development Area includes a total area of 503.89 acres that is intended for the development of up to 2,241 residential units, five parks, a lineal open space area along Bear Creek and public infrastructure.

NON-DEVELOPMENT AREA
The Non-Development Area includes six parcels (or a portion of) totaling 26.29 acres consisting of City of Stockton rights-of-way, a UPRR easement area (via Congressional Grant), and two Sacramento-San Joaquin Drainage District easement areas. While the proposed Project does not propose development in this area at this time, any changes in land use designations within 2 years of annexation approval will require the City to notify LAFCo of the intended changes in land use designations.

ANNEXATION AREA
The Annexation Area includes the whole of the Project, including the Development and NonDevelopment Areas (totaling 530.18 acres).

EXHIBIT 1
2700

ANNEXATION PLAN
2 City of Stockton – Bear Creek South Project
Annexation Plan Contents
This Annexation Plan includes the following sections:

OPEN SPACE CONVERSION STATEMENT
The Open Space Conversion Statement provides background on the Annexation Project, describes the existing agricultural characteristics and uses of the annexation area, provides an analysis of the agricultural and conservation-related fees that the City would be required to pay, and provides a description of the type of soils located within the annexation area. This section also discusses the Annexation Project with regard to the following (pursuant California Government Code Section 56377):
a) Development or use of land other than open space uses shall be guided away from existing prime agricultural lands in open space use and towards areas containing non-prime agricultural lands, unless that action would not promote the planned orderly, efficient development of an area.
b) Development of existing vacant or non-prime agricultural land for urban uses within the existing jurisdiction of a local agency or within the SOI of a local agency should be encouraged before any proposal is approved which would allow for or lead to the development of existing open-space lands for non-open space uses which are outside of the existing jurisdiction of the local agency or outside the existing SOI of the local agency.

RESIDENTIAL ENTITLEMENT MATRIX
The Residential Entitlement Matrix provides a discussion of the relationship between the additional population and units proposed as part of this Annexation Plan and the total number of units that the City has planned to accommodate, to demonstrate consistency with the California Department of Housing and Community Development’s (HCD) Regional Housing Needs Assessment (RHNA) allocation.

CITY SERVICES PLAN
The City Services Plan has been prepared to fulfill the following requirement:
“Pursuant to California Government Code Section 56653, the San Joaquin Local Agency Formation Commission (LAFCo) requires that any application for a change of organization or reorganization be accompanied by a plan for providing services. In accordance with Section 56653, the plan shall include:
• an enumeration and description of services to be extended to the affected territory; • the level and range of those services;
• an indication of when those services can feasibly be extended to the affected territory; • an indication of any improvements or upgrading of structures, roads, sewer or water facilities, or other conditions that the local agency would impose or require within the affected territory if the change of organization or reorganization is completed; and EXHIBIT 1
2701

ANNEXATION PLAN
City of Stockton – Bear Creek South Residential Project 3 • information with respect to how those services will be financed.” Overall, existing public services, with improvements proposed as a part of the Bear Creek South Project, would be adequate to serve the Annexation Project. The Bear Creek South Project, including the Annexation Project would require extension of services provided by the City, including public safety and utility services. The level and range of these public services is described in this document and in additional detail in the Bear Creek South Environmental Checklist. The design, engineering, and construction of these services and infrastructure improvements will be financed by the developer, subject to approval by the City of Stockton.

As noted by San Joaquin LAFCo, an update to the MSR may be required before LAFCo prior to approval of the annexation plan. The San Joaquin LAFCo will also rely on the environmental analysis of the Environmental Checklist prepared for the proposed Project when evaluating any necessary boundary changes for the project.

TIMELY AVAILABILITY OF WATER SUPPLIES
The Timely Availability of Water Supplies section describes the City’s ability to serve the annexation area with adequate water supplies. Eventual build out of the Bear Creek South Project would total approximately 2,241 residential units on approximately 503.89 acres in the Development Area. The General Plan designates the Project site for Residential use and the proposed Project is consistent with that land use designation. Furthermore, the City of Stockton General Plan Environmental Impact Report (EIR) concluded that the City of Stockton will have sufficient water supplies to meet the projected demands from development allowed by the General Plan, and therefore has sufficient water supplies available to serve the proposed Project from existing entitlements and resources, and would not require new or expanded entitlements during normal, dry, and multiple dry years.

The proposed Project is considered planned growth and to the extent that the proposed Project would require additional water supply, this was previously considered by the General Plan EIR.

Therefore, water supplies were determined to be sufficient to serve the annexation area in a timely manner.

FAIR SHARE HOUSING NEEDS
The Fair Share Housing Needs section describes the extent to which this proposed annexation will affect the City’s ability to achieve its respective fair share of regional housing needs, as determined by the San Joaquin Council of Governments (SJCOG) (consistent with Article 10.6 [starting with Section 65580] of Chapter 3). The City of Stockton has a surplus of sites available to meet its 2023- 2031 RHNA allocation by income category, as the above-moderate income RHNA allocation is satisfied by units that have been previously approved or already built.

Justification and Findings
The Cortese-Knox-Hertzberg (CKH) Local Government Reorganization Act of 2000 is the section of the California Government Code (Section 56000 et seq.) that provides LAFCo with its authority, procedures, and functions. The CKH Act gives LAFCo power to “approve or disapprove with or without amendment, wholly, partially or conditionally” proposals concerning the formation of cities EXHIBIT 1
2702

ANNEXATION PLAN
4 City of Stockton – Bear Creek South Project
and special districts, annexation or detachment of territory to cities and special districts, and other changes in jurisdiction or organization of local government agencies.

Consistent with the requirement for LAFCo to review the proposed annexation request pursuant to the criteria provided in California Government Code Section 56337, the following justifications and findings are made in support of approval of the annexation request. 1) Lands within the annexation area are planned for urban uses in the Stockton General Plan. 2) The Project is located within the City of Stockton 10-year Planning Horizon. 3) The Project proposes an orderly and logical boundary for annexation and is contiguous to the City limits.
4) The Project creates a logical extension of the City boundaries and can be served by existing infrastructure.

1. OPEN SPACE CONVERSION STATEMENT
The annexation area is in San Joaquin County, bounded by the limits of the City of Stockton on the west and east. The annexation area is immediately northeast of the intersection of West Lane and Morada Lane. The annexation area is bounded on the north by Bear Creek, on the west by West Lane, which is an existing regional arterial, on the south by Morada Lane, and on the east by the Union Pacific Railroad (UPRR) right of way. The Envision Stockton 2040 General Plan Land Use Map (Figure 5) designates the entire Project site as Low Density Residential (LDR). The entire Project site is surrounded by the City of Stockton. Within the City, lands to the east and north are designated LDR. Lands to the south are designated Commercial, LDR, and Medium Density Residential. Lands to the west are designated Parks and Recreation, and Institutional. The San Joaquin County General Plan designates the annexation area as Low Density (R/L) and High Density (R/H).

In reviewing to approve or deny proposals which could reasonably be expected to induce, facilitate, or lead to the conversion of existing open space lands to uses other than open space uses, the San Joaquin County LAFCo shall consider, pursuant to California Government Code Section 56377, the following:
a) Development or use of land other than open space uses shall be guided away from existing prime agricultural lands in open space use and towards areas containing non-prime agricultural lands, unless that action would not promote the planned orderly, efficient development of an area.
b) Development of existing vacant or non-prime agricultural land for urban uses within the existing jurisdiction of a local agency or within the sphere of influence of a local agency should be encouraged before any proposal is approved which would allow for or lead to the development of existing open-space lands for non-open space uses which are outside of the existing jurisdiction of the local agency or outside the existing sphere of influence of the local agency.

EXHIBIT 1
2703

ANNEXATION PLAN
City of Stockton – Bear Creek South Residential Project 5 Agricultural Lands
The development of a 2,241 single-family lot residential subdivision would change the existing character of the Project site from predominately agricultural fields to a residential neighborhood.

The Project site contains areas designated as Prime Farmland, Unique Farmland, Farmland of Local Importance, and Farmland of Statewide Importance and is zoned for Agriculture Urban Reserve by San Joaquin County. Most of the Project site is currently vacant and disturbed land and is generally located in an area of the city that includes developed areas, residential and some undeveloped lands. The City’s General Plan designates approximately 16,160 acres of agricultural land for development to non-agricultural/urban uses, including the annexation area (See General Plan EIR, pp. 4.2-10-4.2-12; Figure 4.2-4). Specifically, the City’s General Plan designates the Project site Low Density Residential and the proposed Project includes a request for a pre-zone to RL (Residential, Low Density) District that supports residential development at densities and configurations, compatible with the areas that surround the Project site. The General Plan designates the Project site for urban land uses and the General Plan EIR already identified the Project site as an area for potential farmland conversion.

The Project site is not under a Williamson Act contract. The proposed Project would not conflict with existing zoning for agricultural use, or a Williamson Act contract.

The proposed Project is subject to the requirements of the Stockton Agricultural Lands Mitigation Program which will involve a contribution of conservation easement-protected land or payment of in-lieu fees to the Mitigation Program as compensation for the agricultural land conversion impacts of the Project. The City of Stockton adopted the Agricultural Land Mitigation Program in 2007. The Program applies to projects that would convert agricultural lands, as defined by the most-recent Important Farmland Maps published by the California Department of Conservation. Projects may provide “agricultural mitigation land” on a 1:1 basis for each acre of land converted, including administrative costs of approximately $1,000 per acre, or pay the established Agricultural Land Mitigation Fee of $12,822 (San Joaquin Council of Governments [SJCOG] San Joaquin County MultiSpecies Habitat Conservation and Open Space Plan [SJMSCP] Habitat Fees, 2020) per acre. The Agricultural Land Mitigation Program provides that agricultural mitigation lands will be dedicated to a qualifying management entity such as the Central Valley Farmland Trust. The fees would be collected by the City, held in a dedicated account, and then expended by the City to acquire agricultural mitigation land or pay for the monitoring and administrative costs of the program. The fees may also be transferred to a qualifying entity for the same purpose.

The purchase of conservation easements and/or deed restrictions through the City’s Agricultural Land Mitigation Program and the SJMSCP allows the agricultural landowner to retain ownership of the land and continue agricultural operations, preserving such lands in perpetuity.

In addition to the agricultural mitigation fee, the City has adopted Municipal Code Chapter 16.36, which establishes the City's "Right-to-Farm" ordinance. The intent of this ordinance is to protect agricultural uses in the City. Specifically, Municipal Code Chapter 16.36.040 establishes the City’s policy to preserve the City and County’s agricultural operations while minimizing conflicts to new urban development. The City’s "Right-to-Farm" ordinance serves to protect farmers from nuisance EXHIBIT 1
2704

ANNEXATION PLAN
6 City of Stockton – Bear Creek South Project
complaints. The ordinance requires owners and builders to notify their successors-in-interest of the potential conflicts and effects of agricultural activities, and the ordinance specifies that typical agricultural practices shall not be considered a nuisance.

In addition, prior to issuance of a City building permit for construction of a residential building, the owner of the property upon which the building is to be constructed is required to file a disclosure statement acknowledging the proximity of agricultural operations and the potential for inconvenience or nuisance associated with those uses. The disclosure statement notifies the purchaser that the property being purchased may be located close to agricultural lands and operations and that the purchaser may be subject to inconvenience or discomfort arising from the lawful and proper use of agricultural chemical and pesticides and from other agricultural activities, including, without limitation, cultivation, plowing, spraying, irrigation, pruning, harvesting, burning of agricultural waste products, protection of crops and animals from depredation, and other activities which occasionally generate dust, smoke, noise and odor.

The City of Stockton is a participant in the SJMSCP, which provides comprehensive measures for compensation and avoidance of impacts on various biological resources, including ancillary benefits to agricultural resources. For instance, many of the habitat easements that are purchased or facilitated by the SJMSCP are targeted for the protection of Swainson's hawk or other sensitive species habitat that are dependent on agricultural lands. The biological mitigation for these species through the SJMSCP includes the purchase of certain conservation easements for habitat purposes; however, the conservation easements are placed over agricultural land, such as alfalfa fields and row crops (not vines or orchards).

Soils
There are several methods for classifying soil quality for agricultural uses. One method involves a soil capability rating provided the National Resources Conservation Service (NRCS). This classification shows, in a general way, the suitability of soils for most kinds of field crops. Crops that require special management are excluded. The soils are grouped according to their limitations for field crops, the risk of damage if they are used for crops, and the way they respond to management.

The criteria used in grouping the soils do not include major and generally expensive landforming that would change slope, depth, or other characteristics of the soils; nor do they include possible but unlikely major reclamation projects. In the soil capability system rating, soils are generally grouped at three levels, which are capability class, subclass, and unit. Capability classes, the broadest groups, are designated by the numbers 1 through 8. The numbers indicate progressively greater limitations and narrower choices for practical use.
• Class 1 soils have slight limitations that restrict their use. • Class 2 soils have moderate limitations that restrict the choice of plants or that require moderate conservation practices.
• Class 3 soils have severe limitations that reduce the choice of plants or that require special conservation practices, or both.
• Class 4 soils have severe limitations that restrict the choice of plants or that require special very careful management, or both.

EXHIBIT 1
2705

ANNEXATION PLAN
City of Stockton – Bear Creek South Residential Project 7 Based on this classification system, the entirety of Annexation Project soils fall under Class 2 (irrigated), Class 3 (irrigated), or Class 4 soils (non-irrigated).

Justification for Approval
The annexation area is planned for urban uses in the Stockton General Plan. The Project is also located within the City of Stockton 10-year Planning Horizon. Despite the impacts to agricultural land in San Joaquin County, the Project will promote planned, orderly, and efficient development.

Lastly, the Project proposes an orderly and logical boundary for annexation and is contiguous to the City limits. Consistent with the requirement that LAFCo review the proposed annexation request pursuant to the criteria provided in California Government Code Section 56337, the following justification and findings are made in support of approval of the annexation request:
1) Lands within the annexation area are planned for urban uses in the Stockton General Plan. 2) The Project is located within the City of Stockton 10-year Planning Horizon. 3) The Project proposes an orderly and logical boundary for annexation and is contiguous to the City limits.
4) The Project creates a logical extension of the City boundaries and can be served by existing infrastructure.

EXHIBIT 1
2706

ANNEXATION PLAN
8 City of Stockton – Bear Creek South Project
EXHIBIT 1
2707

ANNEXATION PLAN
City of Stockton – Bear Creek South Residential Project 9 EXHIBIT 1
2708

ANNEXATION PLAN
10 City of Stockton – Bear Creek South Project
EXHIBIT 1
2709

ANNEXATION PLAN
City of Stockton – Bear Creek South Residential Project 11 EXHIBIT 1
2710

ANNEXATION PLAN
12 City of Stockton – Bear Creek South Project

2. RESIDENTIAL ENTITLEMENT MATRIX
The City’s approach to meeting its RHNA allocation relies on pending/under application (pipeline projects), vacant sites, and anticipated development of accessory dwelling units (ADU) and junior ADUs (JADU). Using this approach, the City has a surplus of sites available to meet its 2023-2031 RHNA allocation by income category. The City currently has 17 pipeline projects, for a total of 14,388 units that can be built. Anticipated units are based on the project design as approved by the City of Stockton or as submitted by the applicant. Of the 17 pipeline projects, five are 100 percent affordable. Of the total 14,388 units, 394 are in the lower-income category, 353 are in the moderateincome category, and the remaining 13,641 are in the above moderate-income category. Table 1 provides the City’s list of pipeline projects.

TABLE 1 - PIPELINE PROJECTS SUMMARY

PIPELINE PROJECTS
TOTAL
ACRES

LOWER INCOME

CAPACITY

MODERATE INCOME

CAPACITY

ABOVE MODERATE

INCOME CAPACITY
TOTAL

CAPACITY
Calaveras Quarters Motel
Conversion 2.14 68 1 0 69
Cannery Park 291.82 0 3,267 490 3,757
Crystal Bay 174 0 67 1,276 1,343
Delta Cove 359.52 0 77 1,468 1,545
Elderberry Residential
Project 18.8 0 0 42 42
Grand View Village 0.79 75 0 0 75
Harding Apartments 1.02 0 4 18 22
Hunter House New
Apartments 0.69 120 0 0 120
La Passeggiata Affordable
Housing Project

0.83 94 0 0 94
Mobile Homes on El
Dorado 7.06 0 18 104 122
Sanctuary 1,950.46 0 0 5,758 5,758
Sonora Square
Apartments

0.92 37 0 37
Swain Crossing
Apartments 1.58 0 5 31 36
Tra Vigne 318.05 0 1,503 1,503
Trinity Parkway
Apartments

4.32 0 18 102 120
University Park 103.47 0 359 359
Westlake at Spanos Park 361.31 0 131 2,490 2,621
Total 3,621.10 394 353 13,641 14,374
SOURCE: CITY OF STOCKTON, 2023
The Bear Creek South Project includes the addition of 2,241 new residential units to the City of Stockton. As noted previously, the Stockton General Plan EIR (the EIR) provides the Development Projections that are used in the EIR (See General Plan Draft EIR, pp. 3-20). The EIR explains that it uses a “horizon-year projection,” which is based on an estimate of the amount of development that would occur by 2040. The EIR also uses a Buildout Projection which represents full buildout of the General Plan, but with a date uncertain. Each projection is described below:

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City of Stockton – Bear Creek South Residential Project 13 The horizon-year projection includes the following (See General Plan Draft EIR, pp. 3-20):
• 40,900 new dwelling units, including:
o 26,300 new single-family units
o 14,600 new multi-family units
• 132,200 new residents
• 13.8 million square feet of new commercial and office space • 35.6 million square feet of new industrial space
The full buildout projection includes the following (See General Plan Draft EIR, pp. 3-22):
• 119,700 new dwelling units, including:
o 43,800 new single-family units
o 75,900 new multi-family units
• 386,700 new residents
• 50.9 million square feet of new commercial and office space • 242.4 million square feet of new industrial space
The EIR indicates that there are almost 7,000 acres of vacant within the SOI (i.e. the EIR Study Area) (See General Plan Draft EIR, pp.3-22), which specifically includes the 530.18-acre Project site. The EIR indicates that a land use demand forecast (prepared as part of a Market Analysis that supports the projections for the General Plan) for Stockton in 2040 results in between 19,800 and 41,000 new housing units, including between 13,800 and 28,700 new single-family units and between 5,900 and 12,300 new multi-family units (See General Plan Draft EIR, pp. 3-24). These projections are based in part on the land use inventory from the General Plan land use map, in addition to market and economic factors that drive growth. The Project site provides approximately 5% of the total housing demand through the Horizon-Year Projection, and approximately 1.8% of the total housing demand through the Full Buildout Projection. There is nothing peculiar about the Project as it relates to house capacity/demand provided in the Horizon-Year Projection, Full Buildout Projection, or the Market Study Projections.

The current annexation area is adjacent to existing infrastructure and could serve the local demand, as well as providing the connection for other pending and entitled projects to develop subsequently.

3. CITY SERVICES PLAN
Introduction
Pursuant to California Government Code Section 56653, the San Joaquin LAFCo requires that any application for a change of organization or reorganization be accompanied by a plan for providing services. In accordance with Section 56653, the plan shall include:
• an enumeration and description of services to be extended to the affected territory; • the level and range of those services;
• an indication of when those services can feasibly be extended to the affected territory; EXHIBIT 1
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14 City of Stockton – Bear Creek South Project
• an indication of any improvements or upgrading of structures, roads, sewer or water facilities, or other conditions that the local agency would impose or require within the affected territory if the change of organization or reorganization is completed; and • information with respect to how those services will be financed.

This Annexation Plan has been prepared to fulfill this requirement.

Discussion
The proposed Project consists of 2,241 single-family residential units dispersed throughout multiple neighborhoods, linked by a system of parks and open spaces. Minimum lot sizes will be 5,000 square feet (sf).

Additionally, the Project includes the following components:
• Parks: Approximately 27.7 acres of parks, five in total, are proposed around a centrally located park/basin, which provides each neighborhood an opportunity to access these spaces through a network of enhanced walkways, also referred to as wellness walks (see bullet below for more detail regarding wellness walks). The parks are themed with differing types of uses and amenities within each park to encourage park users to use the wellness walks to explore the opportunities and activities within each park. • Open Space Areas: Approximately 27.2 acres of open spaces are included within the Project site. The open space is utilized for detention (4.9 acres) and a linear buffer area along Bear Creek (22.3 acres). The basin will include an enhanced walkway around the perimeter of the basin and a linear multi-use trail will be provided along the Bear Creek corridor. Wellness walks will connect the parks to each other and the linear open space area along Bear Creek. • Wellness Walks: The Project area has designated streets with enhanced walkways (i.e., wide sidewalks and landscaped areas) that will encourage pedestrians to walk to parks and open space features.
• Project Entries: Enhanced Project entries would be provided along the Project site access points along West Lane and E. Morada Lane. These are visual opportunities for making a statement and creating a sense of place.
• Perimeter Improvements: The Project includes buildout of the West Lane and Morada Lane rights-of-way to includes bike lanes, additional travel lanes, perimeter landscaping, and signalized intersections.

Table 2 summaries the total unit count and acreage for each proposed land use in the Project site.

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City of Stockton – Bear Creek South Residential Project 15 TABLE 2: GROSS LAND USE SUMMARY – GROSS LAND USE SUMMARY – OVERALL PROJECT AREA

PROPOSED LAND USE DESIGNATIONS APPROXIMATE ACRES NUMBER OF UNITS Low Density Residential (min. 5,000 sf lots) 301.1 2,241 Parks 27.7 --
Storm Basin 4.9 --
Bear Creek Open Space 22.3 --
Project Streets 140.8 --
WID Future Easement (Parcel 1) 3.8 --
Morada Lane (Parcel 2) 0.4 --
Morada Lane (Parcel 3) 0.8 --
Morada Lane (Parcel A) 0.6 --
Morada Lane (Parcel B) 0.6 --
Total 503.0 2,241
SOURCE: VVH CONSULTING ENGINEERS, 2024.

The City provides a full range of municipal services, including public safety (fire, police, and building), sanitation (wastewater treatment and collection), libraries, parks, and recreation services. Municipal services would be extended to the annexation area upon development of the annexation area. The following discussion includes a description of existing City public services and utilities (including those to be extended), the level and range of these services (where applicable), when these services can feasibly be extended into the affected territory, improvements, or other conditions that the local agency would improve or require within the affected territory, information on how these services would be financed, and planned improvements.

The construction of on-site infrastructure improvements would be required to accommodate development of the Development Area, as described below.

Water
The City of Stockton will be the water purveyor for the Bear Creek South Project. The City’s 2020 Urban Water Management Plan (UWMP) included existing and projected water demands for existing and projected future land uses to be developed within the City’s SOI through 2040. The water demand projections in the City’s 2020 UWMP included existing City water demands and future water demands within the service area.

A comparison of the City’s projected water supplies and demands is shown in Table 3 for Normal, Single Dry, and Multiple Dry Years, which shows that there is no supply deficit projected under hydrologic conditions through 2040.

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16 City of Stockton – Bear Creek South Project
TABLE 3: SUMMARY OF PROJECTED WATER SUPPLY DURING HYDROLOGIC NORMAL, SINGLE-DRY, AND MULTIDRY YEARS FOR CITY OF STOCKTON AT 2040 (AF) NORMAL
YEAR

SINGLE DRY
YEAR

MULTIPLE DRY
YEARS – YEAR 1

MULTIPLE DRY
YEARS – YEAR 3

MULTIPLE DRY
YEARS – YEAR 5
Stockton East
Water District
(SEWD)
24,300 6,700 24,300 6,700 24,300
Woodbridge
Irrigation District
(WID)
13,000 9,000 13,000 9,000 13,000
San Joaquin River 25,000 23,300 22,300 23,300 26,100
Groundwater 23,100 23,100 23,100 23,100 23,100
TOTAL SUPPLY 85,400 62,100 82,700 62,100 86,500
DEMAND TOTAL 48,444 48,444 48,444 48,444 48,444
DIFFERENCE 36,956 13,656 34,256 13,656 38,056
SOURCE: STOCKTON 2020 UWMP (2021), TABLES 7-6, 7-7, AND 7-9.

Based on the analysis described above, the City’s existing and projected potable water supplies are sufficient to meet the City’s existing and projected future potable water demands, including those future water demands associated with the Project, through year 2040, under all hydrologic conditions.

A. GROUND WATER
The City of Stockton Municipal Utilities Department (COSMUD) operates groundwater wells in both the North and South Stockton water service areas. Both water service areas generally rely on treated surface water year-round for their primary supply, but it is supplemented with groundwater to meet increased water demands primarily in the summer months or during dry years when available surface water supplies may be limited. Wells are also depended on for emergency supply in the event of surface water supply interruptions. The two water service areas are connected to one another by the Stockton Aqueduct; however, water supplies in the two water service areas do not currently comingle due to the higher pressure from SEWD in South Stockton, which prevents water from North Stockton from flowing into the South Stockton area.

COSMUD has 12 operational (i.e., active or standby) groundwater wells in North Stockton with design capacities ranging from 800 to 3,200 gallons per minute (gpm). The 10 active wells have a total production capacity of 29.1 million gallons per day (mgd) and the two standby wells have a total production capacity of 4.5 mgd, for a total available capacity of approximately 33.6 mgd.

Inactive wells are currently not permitted by the Division of Drinking Water (DDW). Although the total active well capacity is 29.1 mgd, actual groundwater production is less due the fact that the Delta Water Treatment Plant (DWTP) provides the majority of the supply in North Stockton.

COSMUD also has four operational (i.e., active or standby) groundwater wells in South Stockton. The design capacities range from 1,010 to 2,800 gpm. The two active wells have a total production capacity of 6.9 mgd, and the two standby wells have a production capacity of 3.3 mgd. Similar to North Stockton, although the total active well capacity is 6.9 mgd, actual groundwater production is EXHIBIT 1
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City of Stockton – Bear Creek South Residential Project 17 less due to the fact that the SEWD’s Dr. Joe Waidhofer Water Treatment Plant (DJWWTP) provides the majority of the supply in South Stockton.

B.SURFACE WATER
The City’s surface water supply is from three primary sources: surface water diverted from the San Joaquin River treated at the City’s DWTP; surface water from the Mokelumne River diverted and conveyed by the WID and treated at the City’s DWTP; and treated surface water from SEWD.

The City exercises its water rights to the Sacramento-San Joaquin River Delta (Delta), using an intake facility on the San Joaquin River. Under the in-direct potable reuse program, the City may take as much water from the San Joaquin River as the City’s wastewater treatment plant discharges into the San Joaquin River. When water pumping is curtailed from the Delta due to environmental restrictions, the City purchases raw water from WID. Raw water is treated at the City’s DWTP. The City also purchases treated water from SEWD and pumps groundwater to supplement its supplies.

Due to differing disinfection processes that present water quality issues related to low chlorine residual and the potential for formation of disinfection byproducts, COSMUD provides water from the DWTP only in its North Stockton water distribution system. Water from SEWD can be conveyed to both the North Stockton and South Stockton distribution systems. SEWD also supplies the City’s Walnut Plant service area in Central Stockton. Cal Water conveys SEWD supply to the Walnut Plant service area via a wheeling agreement with COSMUD. Water supplies from local groundwater wells are used to supply both the COSMUD North Stockton and South Stockton water service areas.

At time of preparation of the City’s 2020 UWMP, COSMUD was in the process of implementing the North Stockton Pipeline Hypochlorite Facility that will allow SEWD supplies to be conveyed to the North Stockton system and combined with the DWTP-produced water supply.

The San Joaquin River provides the largest portion of the City’s potable water supply. When the City received its water right permit in 2006, the City implemented the Delta Water Supply Project to construct its DWTP north of Stockton, the Intake Pump Station (IPS) at the southwest tip of Empire Tract, and associated water supply infrastructure. The DWTP was completed in 2012. Since that time, the COSMUD has diverted water from the San Joaquin River via the IPS and treats the water at the DWTP for an increasing portion of its water supply.

The DWTP has a current treatment capacity of 30 mgd. In 2020, it produced approximately 55 percent of the COSMUD water supply. The treatment process includes ozone oxidation and disinfection and membrane filtration with free chlorine added as a residual disinfectant. Treated water is stored in a four-million-gallon storage tank before being pumped to the North Stockton water service area.

The City’s water supply from the San Joaquin River is curtailed annually from February 15th to June 15th, due to U.S. Department of Fish and Wildlife Service, California Department of Fish and Wildlife, and National Marine Fisheries Service (NMFS) environmental restrictions. During that period, the City obtains raw water from WID to supplement its water supply.

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18 City of Stockton – Bear Creek South Project
The DWTP, located just north of Stockton, was completed in 2012, and currently has the capacity to treat up to 33,600 AFY of raw water from the Delta and WID. The DWTP is planned to be expanded as needed by the City and as permitted by the State Water Board. Water from DWTP is provided primarily to the COSMUD North Stockton water system and supplemented by groundwater.

C. EXISTING TRANSMISSION AND DISTRIBUTION SYSTEM
The COSMUD water transmission system consists of pipelines that are 16 to 48 inches in diameter.

The North Stockton water service area is connected to the SEWD DJWWTP via a 48-inch diameter pipeline and connected to the DWTP via a 42-inch-diameter pipeline. The South Stockton water service area is connected to the SEWD DJWWTP via the 42-inch-diameter pipeline. The COSMUD water distribution system consists of pipelines with diameters less than 16 inches. Most of the service laterals branch off of eight-- and 12-inch-diameter pipelines.

D. WATER CONSERVATION
Consistent with California Water Code Sections 11950 – 11954, the City has implemented various water conservation efforts, as well as a Water Shortage Contingency Plan which identifies actions that can be taken to respond to catastrophic interruption of water supply.

The City Council adopted a Water Conservation Ordinance in 1988, enacted in the Stockton Municipal Code, Sections 13.28 and 13.32, which include both voluntary and mandatory conservation stages. From 1990 to 1992, mandatory water reduction stages were in force due to the prolonged years of drought. The City initiated a voluntary reduction stage in 1993 and has maintained a voluntary reduction stage since that time.

E. GENERAL PLAN
The City's General Plan includes policies and implementation programs related to maintaining an adequate water supply for the City's population. Following adoption of the General Plan, the City updated its Water Management Plan based on the growth projections of the General Plan. Based on existing water use patterns, the water supply is projected to be available through 2040. The area served would include all potential development within the 10-year planning horizon which includes the Annexation Project location.

F. TIMING AND EXTENSION OF WATER SUPPLY TO THE ANNEXATION AREA The Development Area will construct a potable water distribution system with pipe sizes ranging from six inches to 12 inches. Stubs from the transmission pipelines will be constructed as required by the City to connect to the Project potable water distribution system.

The developer's contribution to water connection and supply as part of the Annexation Plan has been estimated based on an approximate total development impact fee of $21,114,702 for domestic water supply and $5,073,624 for domestic water connection. This development impact fee is allocated proportionately at a rate of $9,422 and $2,264 per residential unit, respectively.

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City of Stockton – Bear Creek South Residential Project 19 Stormwater
The City provides and maintains a system of storm drains, detention basins, and pumping facilities, as well as monitoring and operational control of the storm drain system. Additionally, the City enforces storm drain regulations established by the U.S. Environmental Protection Agency and the State of California.

Urban stormwater drainage in the City is provided by a storm drain system that is separate from the municipal sewer system. COSMUD operates and maintains approximately 620 miles of pipe, 72 pump stations, and more than 100 discharge pipes. The local storm drain facilities collect and route runoff from the streets and gutters through surface canals and stormwater retention basins, as well as a through a network of underground gravity and force mains (pipelines), pump stations, and outfalls into rivers, creeks, and the Delta, including outfalls to the San Joaquin River, Bear Creek, Pixley Slough, Mosher Slough, Five Mile Slough, Fourteen Mile Slough, Calaveras River and Stockton Diverting Canal, Smith Canal, French Camp Slough, Walker Slough, Weber Slough, North Littlejohns Creek, and Duck Creek (City of Stockton, 2018).

Currently, the City operates two small basins located near Eight Mile Road and Highway 99 (Cannery Park Northeast and Northwest basins), in cooperation with WID, as dual function facilities for stormwater detention and groundwater recharge. Water from WID is supplied to the basins during the summer months. In addition, the City is planning to complete feasibility analysis and preliminary design plans to upgrade the La Morada stormwater detention basin number 2, in northeast Stockton, into a dual function facility for groundwater recharge using recovered stormwater during the winter and WID supply in the summer months (City of Stockton, 2021).

The City operates under Municipal Stormwater Permit Requirements Order No. R5- 2016-0040. The Stormwater Utility Division also manages the City’s National Pollutant Discharge Elimination Permit (NPDES) and all the monitoring, testing, education, and programs required under the permit.

The NPDES Stormwater Program regulates stormwater discharges from three potential sources:
• construction activities;
• industrial activities; and
• the municipal stormwater system.

A. EXISTING STORMWATER DRAINAGE SYSTEM
The City of Stockton SOI is situated just east of the Delta, a low-lying region of sloughs and channels connecting local waterways with the Suisun Bay and the San Francisco Bay. The City and surrounding areas within the SOI depend on creeks, rivers, and sloughs to collect and convey storm runoff to the San Joaquin River and the Delta. The primary watercourses that drain the SOI include the San Joaquin River, Bear Creek, Mosher Slough, Five Mile Slough, Fourteen Mile Slough, Calaveras River and Stockton Diverting Canal, Smith Canal, and French Camp and Walker Sloughs. Most storm drains and pump stations within the service area have adequate capacity to collect stormwater drainage (City of Stockton, 2020).

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20 City of Stockton – Bear Creek South Project
Stormwater runoff occurs when precipitation from rain and snow melts and does not absorb into the ground. As the runoff flows over the land or impervious surfaces (paved streets, parking lots, and building rooftops), it accumulates debris, chemicals, sediment, and other pollutants that could adversely affect water quality. Stockton’s stormwater is collected in catch basins and transported untreated directly into our local rivers, creeks, and sloughs, and eventually to the Delta. Best management practices (BMPs) are the primary method to stop contaminants from entering the system.

Municipal Separate Storm Sewer System (MS4) permits are required under the Clean Water Act and require the discharger to develop and implement a Storm Water Management Plan to reduce the discharge of pollutants to the Maximum Extent Practicable (MEP). The management plans specify what BMPs will be used to address certain program areas: such as public education and outreach, illicit discharge detection and elimination, construction and post-construction, and good housekeeping for municipal operations.

Each year, the City is required to provide an annual report to the State on their stormwater program and BMPs.

B. FUTURE STORMWATER DRAINAGE DEMANDS AND SYSTEM IMPROVEMENTS 200-Year Flood Protection in the Central Valley
Portions of the City of Stockton lie within the 200-year flood hazard area; however, the annexation area is not located within the 200-year flood hazard area. State floodplain legislation (Senate Bill [SB] 5) for the San Joaquin River region has resulted in stricter development standards that began in early 2016. Urban areas that depend on levee protection are required to have a 200-year level of flood protection. SB 5 prohibits a city or county within the Central Valley Flood Protection Plan area from approving a development agreement, discretionary permit or entitlement, tentative map, or parcel map for any property within a flood hazard zone unless they can demonstrate any of the following:
• the project has already achieved the applicable level of flood protection, • conditions have been imposed on the project approval that will eventually result in the applicable level of flood protection, or
• adequate progress is being made towards achievement of the applicable level of flood protection.

Adequate progress is defined as meeting all the following:
• The project scope, cost and schedule have been developed; • In any given year, at least 90 percent of the revenues scheduled for that year have been appropriated and expended consistent with the schedule; • Construction of critical features is progressing as indicated by the actual expenditure of budget funds;
• The city or county has not been responsible for any significant delay in completion of the system; and
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ANNEXATION PLAN
City of Stockton – Bear Creek South Residential Project 21 • The above information has been provided to the Department of Water Resources (DWR) and the Central Valley Flood Protection Board and the local flood management agency shall annually report on the efforts to complete the project.

Section 16.90.020(B) requires the review authority’s decision to approve a project in accordance with the City’s established criteria for development in 200-year floodplains, which are consistent with accepted State and federal floodplain management practices. According to the City’s established criteria, the annexation area would be considered an urban area, as it is located within the City’s corporate limits. Thus, the Annexation Project may be approved provided that all properties within the annexation area would meet the urban level of flood protection.

C. TIMING
Drainage improvements will be constructed in to maintain the service level standard. This is accomplished by constructing the storm drainage and flood protection facilities for each new area that is developed, and by ensuring that necessary facilities are developed efficiently prior to and during construction activities.

D.STORM DRAINAGE WITHIN THE ANNEXATION AREA
Development of the Bear Creek South Project would include storm drainage infrastructure which consist of an engineered network of inlets, storm drainage pipes, maintenance holes, storm water quality treatment systems/devices, a detention basin, a basin discharge pump station, and discharge line for conveying storm water from the detention basin to an existing outfall at Bear Creek. All drainage collection and conveyance infrastructure would be sized and constructed according to adopted City of Stockton storm drainage hydrologic and hydraulic design criteria, design standards, and specifications. Onsite stormwater runoff would be directed into an underground pipe system which would collect the runoff and direct it to the central storm drainage basin. Stormwater from this basin would be discharged via a new pump station and discharge line into Bear Creek through an existing 24-inch diameter outfall structure located on the south side of Bear Creek, just east of the West Lane overcrossing. The basin drawdown rate would meet City of Stockton Municipal Utilities Department (COSMUD) standards to discharge the 100-year, 24-hour design storm volume over a period of 48 hours and would be less than predeveloped runoff rates from the Project area.

The Development Area would incorporate site design measures, landscape features, and approved engineered treatment facilities (bioretention facilities or COSMUD-approved equivalent) for water quality treatment that minimizes imperviousness, retains or detains stormwater, slows runoff rates, and reduces pollutants in post-development runoff consistent with the City of Stockton NPDES SWMP and the City of Stockton and County of San Joaquin Stormwater Quality Control Criteria Plan.

The Project would alter the existing drainage through grading and development of urban uses within the Development Area of the site. Additionally, the Project would result in increased impervious surfaces and result in an incremental reduction in the amount of natural soil surfaces available for infiltration of rainfall and runoff, with the potential to generate additional runoff during storm EXHIBIT 1
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22 City of Stockton – Bear Creek South Project
events. Additional runoff could contribute to increased erosion, siltation, and pollution, as well as an increase in flood potential or runoff that could exceed the capacity of the City’s drainage system.

The overall design of Project’s drainage infrastructure, including the storm basin, would be required to comply with the City of Stockton NPDES Stormwater Management Plan, which includes existing and enhanced program control measures for controlling the discharge of pollutants to the municipal storm drain system to the maximum extent practicable. In addition, General Plan Action SAF-3.2B requires new development to employ low impact development (LID) approaches that conserve natural areas and reduce impervious areas. The term LID means a storm water management and land development strategy that emphasizes conservation and the use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely reflect predevelopment hydrologic functions. The Annexation Project would be required to integrate LID measures throughout the Development Area to provide stormwater quality treatment. These LID measures would likely include both volume-based BMPs (i.e., bioretention, infiltration features, pervious pavement, etc.) and flow-based BMPs (i.e., vegetated swales, stormwater planter, etc.). The use of these features would be dependent upon the location and setting within the annexation area.

According to the City of Stockton and San Joaquin County Stormwater Quality Control Criteria Plan (SWQCCP), the Project would be considered both a Priority Project and a PLU Project, as the Project includes a residential subdivision of 10 housing units or more (Priority Project) and contains land uses with at least 10 developed dwelling units per acre (Priority Land Use [PLU] Project). Priority projects are required to prepare and submit a Project Stormwater Quality Control Plan with the initial building permit submittal, that demonstrates the Project incorporates site design measures, landscape features, and engineered treatment facilities (typically, bioretention facilities) that will minimize imperviousness, retain or detain stormwater, slow runoff rates, and reduce pollutants in post-development runoff. In particular, the Project Stormwater Quality Control Plan would specify BMPs required to be implemented by the Project and design specifications for selected BMPs. The Project Stormwater Quality Control Plan must be submitted for review and approval by the City of Stockton Department of Municipal Utilities.

Wastewater
Wastewater services would be provided by existing and planned City of Stockton collection and treatment system. Wastewater treatment would be provided at the City’s existing Regional Wastewater Control Facility (RWCF). The RWCF provides secondary and tertiary treatment of municipal wastewater throughout the City. The remainder of the City is served by on-site private septic systems or lie outside the urban service area. The existing wastewater collection system service area includes residential, commercial, industrial, municipal, and mixed-use areas within the City, as well as 17 unincorporated County areas.

A. WASTEWATER COLLECTION
Municipal wastewater treatment and collection services in the Stockton City limits are provided by COSMUD. The existing City of Stockton wastewater collection system is divided into 10 designated sub-areas or “systems.” The City’s wastewater collection system comprises just over 1,000 miles of EXHIBIT 1
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City of Stockton – Bear Creek South Residential Project 23 gravity mains ranging from four to 84 inches in diameter, as well as 35 pump stations and approximately 37 miles of active force mains ranging from two to 42 inches in diameter. The Project site is located within Collection Service Area No. 10 (City of Stockton, 2022).

Current City standards call for all gravity sewers to be designed for full-pipe gravity flow. Surcharging results in sewers that do not meet this criterion under a given flow condition. For planning purposes, the available capacity is zero in gravity sewers, with a predicted peak flow equal to or greater than the full-pipe gravity flow capacity. The following standards are used in the design of gravity sewers.

Pipes must be sloped to produce a minimum of two feet per second (fps) at peak flow. Flatter slopes (as low as 0.0006 foot per foot) have been allowed for some designs in Stockton to accommodate project-specific constraints. It can be difficult to maintain the desired grade during construction of pipelines at slopes less than 0.001 foot per foot. Initial flows during the early years will be lower than the design flows, causing velocities to be lower. During design, steeper slopes should be considered where feasible. Additional maintenance or other measures may be required to control odors in sewers with initially low velocities.

Force mains convey flow from pump stations to a downstream gravity sewer. There are approximately 158,000 lineal feet of force mains in the City’s model, representing all City-owned force mains of significant length, as well as some private pumping and force main systems. City design standards recommend that force main velocities should be limited to “around seven (7) fps” for lengths up to 300 feet, and “around five (5) fps” for lengths in excess of 1,000 feet.

Wastewater pumping stations are located throughout the City and are integral to the wastewater collection system. Most of the pump stations discharge to pressure sewers (force mains) that convey flow under pressure either directly to the RWCF or to a downstream gravity sewer. An existing sewer pump station is located to the south of the annexation area at Thorton Road and Davis Road.

B. WASTEWATER TREATMENT PLANT PERMITTING AND CAPACITY
Wastewater from the City is currently treated at the City of Stockton RWCF, which is owned and operated by the City. The City’s Wastewater Master Plan Update (City of Stockton, 2022), City of Stockton Sphere of Influence Plan/Municipal Service Review, San Joaquin Local Agency Formation Commission Final Draft (City of Stockton, 2020), and CRWQCB Central Valley Waste Discharge Requirements for the City of Stockton Regional Wastewater Control Facility are the primary documents that outline the City’s long term strategy for meeting future discharge and capacity requirements for a planning horizon that extends to build-out of the General Plan. The RWCF effluent is currently regulated by Central Valley Regional Water Quality Control Board (CVRWQCB) Order No. R5-2020-007, NPDES CA0079138. Currently, RWCF is designed to treat and provide a discharge of up to 55 mgd of tertiary treated wastewater to the San Joaquin River, within the Delta.

RWCF collects and treats an average of 33 mgd of wastewater, from approximately 116,000 sewer connections in the City and nearby San Joaquin County areas. The City of Stockton RWCF sewer treatment plant is undergoing the Modifications Project to modernize the facility, accommodate growth through 2035 (with the ability to expand through 2045 and beyond), change the sewer treatment to an activated sludge process, and replace equipment and processes that are beyond their useful life. Modifications to the RWCF are required to maintain compliance with the RWCF EXHIBIT 1
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ANNEXATION PLAN
24 City of Stockton – Bear Creek South Project
NPDES permit, extend the useful life of existing facilities, improve working conditions for facility staff, and implement components of the City’s Capital Improvement and Energy Management Plan.

The City initiated the RWCF Modifications Project to (1) increase the reliability of the liquid and solids treatment processes, (2) improve reliability in treating existing and projected flows, (3) reduce energy costs and provide reliable renewable energy alternatives, and (4) reduce nitrate plus nitrite concentrations in the final effluent to comply with the RWCF NPDES permit. All existing and planned development areas and the unincorporated islands are expected to be served by the RWCF under the Envision Stockton 2040 General Plan buildout development conditions, regardless of water source, as a prudent planning assumption for the purposes of the City’s Wastewater Master Plan Update (City of Stockton, 2023).

C. WASTEWATER QUALITY
The City’s wastewater treatment plant is governed by a federal NPDES permit. The City is required by law to have its permit reviewed every five years by the Regional Water Quality Control Board (the State’s regulating agency for the NPDES permit program). On February 20, 2020, the Central Valley CVRWQCB issued a wastewater discharge permit to the City of Stockton for the operation of its regional wastewater treatment facility.

D. WASTEWATER SYSTEM WITHIN THE BEAR CREEK SOUTH ANNEXATION AREA The Project would construct wastewater infrastructure in accordance with the 2022 Wastewater Master Plan Update, which shows a 21-inch diameter future gravity sewer connection from the Project to existing City of Stockton gravity sewer located in Morada Lane. Effluent from all tributary areas would be collected and conveyed through gravity sewer pipelines. All sewer collection and conveyance infrastructure would be sized and constructed according to adopted City of Stockton sewer hydrologic and hydraulic design criteria, design standards, and specifications.

City’s wastewater treatment facility is approaching its functional capacity, and expansion of RWCF to meet anticipated demands resulting from growth in Stockton is the subject of an ongoing planning and engineering effort. RWCF has adequate capacity to serve anticipated short-term development within the City, and expansion plans provide for creation of additional capacity over time to meet anticipated demands generated from the annexation area and other growth areas of the City.

Occupancy of the Bear Creek South Project would be prohibited without sewer allocation, as required by Stockton Municipal Code Section 13.12.100, Mandatory Sanitary Service Required. An issuance of sewer allocation from the City’s available capacity would ensure that there would be a final determination by the wastewater treatment and/or collection provider that there is adequate capacity to serve the proposed Project’s projected demand, in addition to the provider’s existing commitments. Additionally, any planned expansion to the RWCF with a subsequent allocation of capacity to the proposed Project would ensure that there would not be a determination by the wastewater treatment and/or collection provider that there is inadequate capacity to serve the proposed Project’s projected demand in addition to the provider’s existing commitments.

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ANNEXATION PLAN
City of Stockton – Bear Creek South Residential Project 25 Solid Waste
The City of Stockton Public Works Department (Solid Waste & Recycling Division) provides solid waste hauling service for the City and would serve the proposed Project. Waste collection services are provided weekly, as specified by the waste haulers that serve the City, which include Republic Services and Waste Management.

Solid waste from Stockton is taken to Forward Landfill in Manteca or the North County Landfill in Lodi. During inclement weather, occasional loads are taken to the Lovelace Material Recovery Facility in Manteca. Solid waste from Lovelace is disposed at Foothill Landfill in Linden. Construction and demolition materials and some commercial loads are processed at the East Stockton Transfer Station. Residuals from the East Stockton Transfer Station are disposed at Forward Landfill.

The permitted daily maximum disposal at the Forward Landfill is 8,668 tons per day. The total permitted capacity of the Forward Landfill is 59.16 million cubic yards, which was expected to accommodate an operational life until January 1, 2036. The remaining capacity of Forward Landfill is 24.7 million cubic yards.

The permitted daily maximum disposal at the Foothill Landfill is 1,500 tons per day. The remaining capacity is 125,000,000 cubic yards with an anticipated closure year of 2082. The permitted daily maximum disposal at the North County Landfill is 825 tons per day. The remaining capacity is 35,400,000 cubic yards with an anticipated closure year of 2048.

The Annexation Project would not generate significant or abnormal volumes of solid waste. Because the General Plan EIR determined that solid waste capacity is adequate to serve the demand resulting from General Plan build-out and the proposed Project’s use is consistent with the General Plan land use designation for the Project site. Should additional solid waste disposal needs become necessary, there would be available capacity at both Foothill Landfill and North County Landfill to accommodate the additional waste generated. Solid waste collection services would continue to be made available to new residents, owners, and tenants of the Project as units begin to become occupied.

The developer's contribution to sanitary connection as part of the Annexation Plan has been estimated based on an approximate total development impact fee of $4,706,100 for combined fees and $7,171,200 for project fees. This development impact fee is allocated proportionately at a rate of $2,100 and $3,200 per residential unit, respectively.

Electricity and Natural Gas
Pacific Gas and Electric Company (PG&E) is responsible for provision of electricity and natural gas to the City and the annexation area. PG&E delivers approximately 86,179 million kilowatt-hours (kWh) of electricity to its 15 million customers throughout the 70,000-square-mile service area in northern and central California. The PG&E service area is divided into seven distribution areas, with Stockton located in the Stockton Division of PG&E's Operations, Maintenance, and Construction Area 5.

PG&E is also responsible for the provision of natural gas to the City. Gas is delivered to the City and the City Planning Area through portions of PG&E's 48,198 miles of natural gas pipelines. Residents, EXHIBIT 1
2724

ANNEXATION PLAN
26 City of Stockton – Bear Creek South Project
owners, and/or tenants would be responsible for paying for electricity and natural gas services, based on the amount of energy used.

Police Services
Law enforcement services for the City of Stockton are provided by the Stockton Police Department (SPD). The SPD service area covers over 65 square miles. The average response time to in-progress life threatening emergencies is between three and five minutes. Depending on the nature of the call, the time of day, the location, and the number of on-duty personnel, response times to nonemergency calls can exceed 25 minutes. SPD serves the area to the City limits, while the San Joaquin County Sheriff’s Department serves all adjacent unincorporated areas within the Stockton SOI (City of Stockton, 2020). Through a mutual aid agreement, SPD and the County Sheriff’s Department can call upon each other to provide service when requested.

SPD consists of 485 sworn police officers and 227 civilian staff. Stockton’s 2019 population was approximately 316,400, which resulted in a ratio of 1.533 sworn staff per 1,000 residents (City of Stockton, 2020). This ratio exceeds the City’s General Plan Safety Element minimum standard of 1.5 sworn officers per 1,000 residents.1 Although the Stockton General Plan states that the City strives to achieve a ratio of 1.5 sworn officers per 1,000 population, staffing levels in the City of Stockton ultimately are determined each year by the City Council in consultation with the City Manager and Chief of Police based on the needs of the City. Additional officers are planned to be hired, as the City population grows. The City’s goal is to respond to all priority one emergency calls within an average of five minutes or less.

SPD is organized into two bureaus, Logistics and Operations, and five divisions, including Administrative Services, Field Operations Investigations, Special Operations, and Technical Services.

Divisions are coordinated out of two facilities: the Headquarters, located at 22 E. Weber Avenue, and Operations, located at 22 E. Market Street (City of Stockton, 2020).

The SPD management team consists of the Chief of Police, who oversees Professional Standards, Fiscal Affairs and Planning, and Public Information Sections, an Assistant Chief of Police (currently vacant), and two Deputy Chiefs of Police, each overseeing a bureau, and five Police Captains, each overseeing a division (City of Stockton, 2020).

SPD has both traditional and specialized transportation equipment that it uses to conduct patrols, respond to emergencies, and provide programs. The transportation types include bicycles (16 units), marked vehicles (217 units), unmarked vehicles (208 units), motorcycles (27 units), animal control (8 units), and miscellaneous (9 units) (City of Stockton, 2020).

The City of Stockton General Plan includes policies and actions to ensure that SPD continues to provide adequate facilities and staffing levels. Below is a list of relevant policies and actions:
• Carefully plan for future development and proactively mitigate potential impacts (Policy LU-6.1).
1 City of Stockton General Plan, Public Facilities and Services Element, PFS-7.2.

EXHIBIT 1
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ANNEXATION PLAN
City of Stockton – Bear Creek South Residential Project 27 • Maintain adequate staffing levels to support achieving the City’s service level goals for police and fire protection (Action LU-6.1.G).
• Ensure that all neighborhoods have access to well-maintained public facilities and utilities that meet community service needs (Policy LU-6.3). • Require development to mitigate any impacts to existing sewer, water, stormwater, street, fire station, park, or library infrastructure that would reduce service levels (Action LU-6.3.A).

The Fiscal Year 2024-2025 budget for SPD is $16,453,310. The need for additional personnel in the future will be addressed by the Chief of Police, the City Manager, and the City Council as response times are reassessed annually and as budget allows. The budget for SPD is expected to increase, as development of the City of Stockton continues. Development of the area to be added to the 10-year planning horizon as part of the annexation to the SOI would provide additional revenues to SPD.

SPD has sufficient resources to serve the annexation area. Staffing levels at the SPD are adjusted based on Police Department response times and new hiring is expected to occur as the population of Stockton grows. Additional revenue would be provided directly to SPD, through the payment of development fees, by the applicants of the Bear Creek South Project. Furthermore, the proposed developments would be more easily accessible by improved road infrastructure that would be developed in the future. This extension of services would occur concurrently with the development of the annexation area.

The developer's contribution to police services as part of the Annexation Plan has been estimated based on an approximate total development impact fee of $1,324,431. This development impact fee is allocated proportionately at a rate of $591 per residential unit.

Fire Services
The Project site is located within the northwestern part of the Waterloo Morada Fire District (WMFD) (See Exhibit 1 – Waterloo-Morado Fire District Boundary). The Project site is an island within the WMFD boundary that is not easily served by the closest WMFD fire station (Fire Station #1) located on Foppiano to the east. The total service area of the WMFD is approximately 36 square miles, and the District does not pay fees to the City of Stockton for fire services. Given that the Project site is an island that is not easily served by WMFD, and will be annexed into the City of Stockton who has a fire station1.3 miles away on Holman Road, the proposal includes a detachment from the WMFD and ultimate fire service provided by Stockton Fire Department.

EXHIBIT 1
2726

ANNEXATION PLAN
28 City of Stockton – Bear Creek South Project
Exhibit 1 – Waterloo – Morada Fire District Boundary.

The Stockton Fire Department (SFD) is responsible for the primary provision of fire services and emergency medical response for the City and its residents, including the surrounding unincorporated areas. SFD provides service to a 91-square-mile area, serving a population of approximately 336,000 people within the City and the County’s Boggs Tract, Lincoln, Eastside, and Tuxedo-Country Club Fire Protection Districts. SFD is comprised of 187 sworn fire personnel and 46 civilian personnel (City of Stockton, 2023).

SFD consists of six operational divisions: Administration, Operations, Fire Prevention, Training, Communications/Dispatch, and Emergency Medical Services. SFD is led by a Fire Chief, who reports to the City Manager's Office (City of Stockton, 2022A). Each division is managed by a Deputy Chief or Division Chief (City of Stockton, 2022B).

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ANNEXATION PLAN
City of Stockton – Bear Creek South Residential Project 29 SFD has 13 fire stations located throughout the City, with daily staffing levels of three-person fire engine companies, (4) four-person truck companies, two battalion chiefs and one chief’s operator (City of Stockton, 2023). In addition, SFD has access to 7,000 hydrants in key locations providing adequate water for the surrounding areas (City of Stockton, 2020). Each fire station has one fire engine, and the truck companies are located at SFD Stations 2, 3, and 4, and 7. The Training Division and Communications Division are located at Station 2, the central fire station. The Hazardous Material Team is staffed by Station 3, and Urban Search and Rescue Team is staffed by Station 2 (City of Stockton, 2022B). The annexation area is expected to be served primarily by Station 13, which is located approximately 1.3 miles east of the annexation area. It is noted that fire service is currently provided by the Stockton Fire Department. In 2022, SFD received approximately 68,000 calls for services and responded to 44,665 emergency incidents, including 17,935 EMS emergencies and 4,658 fire incidents (City of Stockton, 2023).

The Insurance Services Office (ISO) Public Protection Classification Program currently rates the Fire Department as 2 on a scale of 1 to 10, with 1 being the highest possible protection rating and 10 being the lowest. The ISO rating measures individual fire protection agencies against a Fire Suppression Rating Schedule, which includes such criteria as facilities and support for handling and dispatching fire alarms, first-alarm response and initial attack, and adequacy of local water supply for fire-suppression purposes. As of 2019, the Stockton Fire Department ISO rating is a level 2 (City of Stockton, 2020).

The City of Stockton General Plan includes policies and actions to ensure that the SFD continues to provide adequate facilities and staffing levels. Below is a list of relevant policies and actions:
• Carefully plan for future development and proactively mitigate potential impacts (Policy LU-6.1).
• Monitor the rate of growth to ensure that it does not overburden the City’s infrastructure and services and does not exceed the amounts analyzed in the General Plan EIR (Action LU-6.1.B).
• Maintain adequate staffing levels to support achieving the City’s service level goals for police and fire protection (Action LU-6.1.G).
• Ensure that all neighborhoods have access to well-maintained public facilities and utilities that meet community service needs (Policy LU-6.3). • Require development to mitigate any impacts to existing sewer, water, stormwater, street, fire station, park, or library infrastructure that would reduce service levels (Action LU-6.3.A).

The average response time for all types of calls between the years 2015 and 2016 (the most recent data available), was five (5) minutes and 47 seconds.

The FY 2024-2025 budget for the SFD is $24,126,011. The need for additional firefighters in the future will be addressed as warranted. Development of the annexation area would provide additional revenues to the SFD, which would help to ensure that adequate fire service is extended to the annexation area.

EXHIBIT 1
2728

ANNEXATION PLAN
30 City of Stockton – Bear Creek South Project
The developer's contribution to fire services as part of the Annexation Plan has been estimated based on an approximate total development impact fee of $1,750,221. This development impact fee is allocated proportionately at a rate of $781 per residential unit.

School Services
The Annexation Area is located within the boundaries of the Lodi Unified School District (LUSD). The development impact fee is the source of school capital improvement funding provided by new development. The LUSD is eligible to levy Level 1 development impact fees on new residential and commercial development. Development impact fees for LUSD are $3.48 per square foot of singlefamily residential development. The proposed Project includes the development of 2,241 additional housing units. The number of students generated by the proposed residential would be consistent with the levels assumed in General Plan EIR as the Annexation Project is consistent with General Plan’s land use assumptions for the Project site.

The LUSD enrolled 26,966 K-12 non-charter students for the 2022-2023 school year. The LUSD operates 48 school sites, including 33 elementary schools, six middle schools, four comprehensive high schools, and two continuation schools. The district boundary encompasses 350 square miles and spans the City of Lodi, the community of north Stockton, and the communities of Acampo, Clements, Lockeford, Victor, and Woodbridge. With the payment of school fees to the applicable school districts, timely extension of school services to the annexation area is expected.

The developer's contribution to the school services as part of the Annexation Plan has been estimated based on an approximate total development impact fee of $22,589,280. This development impact fee is allocated proportionately at a rate of $10,080 per residential unit.

Parks and Recreation
Under the park standards outlined in the City’s General Plan, the City aims to provide 2 acres of neighborhood parkland, 3 acres of community parkland, and 3 acres of regional parkland per 1,000 residents. With the existing population of 319,731 residents, the City is currently deficient in meeting its park service standards in all categories. The General Plan has established a parkland standard of 2 acres of neighborhood parkland, 3 acres of community parkland, and 3 acres of regional parkland per 1,000 residents. The Project would provide approximately 27.7 acres of parks, five in total, are proposed around a centrally located park/basin, which provides each neighborhood an opportunity to access these spaces through a network of enhanced walkways. It should be noted that Project would be required to fund its fair share for required parkland but would not make up for existing system deficiencies. The Project would be subject to Municipal Code, Section 16.72.060(C), Park Land Dedications and Fees, which required for the dedication of land and/or the payment of fees to the City for park and recreational purposes and/or the construction of park and recreational facilities.

The developer's contribution to the Parks and Recreation fee as part of the Annexation Plan has been estimated based on an approximate total development impact fee of $6,270,318. This development impact fee is allocated proportionately at a rate of $2,798 per residential unit.

EXHIBIT 1
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ANNEXATION PLAN
City of Stockton – Bear Creek South Residential Project 31 Other Government Facilities
The Project would be subject to Stockton Municipal Code Section 16.72.260, Public Facilities Fee (PFF), which requires payment of a PFF fee on issuance of building permits for development in the City to pay for municipally owned facilities, including but not limited to City office space, libraries, and community recreation centers. Payment of the fee is required to implement the goals and objectives of the General Plan and to mitigate the impacts caused by future development in the City.

The payment of fees has been identified to finance public facilities and/or compensation measures, and to pay for each development’s fair share of the construction costs of these improvements, and/or the costs of the compensation measures.

Findings
Overall, existing public services, with improvements proposed as a part of the Project, would be adequate to serve the Project and its future residents. The Annexation Project would require the extension of services provided by the City, including public safety and utility services. The level and range of these public services is described in this document and in additional detail in the Bear Creek South Project Environmental Checklist. The design, engineering, and construction of these services and infrastructure improvements will be financed by the developer subject to approval by the City of Stockton.

4. TIMELY AVAILABILITY OF WATER SUPPLIES
The Development Area includes a total area of 503.89 acres that is intended for the development of up to 2,241 residential units, five parks, a lineal open space area along Bear Creek and public infrastructure. The construction of the proposed Project would increase water demand on-site. The General Plan designates the Project site for Residential use and the proposed Project is consistent with that land use designation. Furthermore, the General Plan EIR concluded that the City of Stockton will have sufficient water supplies to meet the projected demands from development allowed by the General Plan, and therefore has sufficient water supplies available to serve the proposed Project from existing entitlements and resources, and would not require new or expanded entitlements during normal, dry, and multiple dry years. The Annexation Project is considered planned growth and to the extent that the proposed Project would require additional water supply.

Water demands for the Proposed Project will be served using the COSMUD existing and future portfolio of water supplies. To determine the projected water demand for the Project, the updated water use factors from the City’s 2021 Water Master Plan Update were used. These water use factors are based on recent water consumption trends within the COSMUD service area. The total projected water demand for the Project is 714 AFY, as shown in Table 4. The Proposed Project’s water supplies are anticipated to be provided by the COSMUD North Stockton water system.

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ANNEXATION PLAN
32 City of Stockton – Bear Creek South Project
TABLE 4: TOTAL PROJECTED WATER DEMAND

LAND USE TYPE

DWELLING

UNITS (DU)

GROSS AREA,
ACRES

WATER USE

FACTOR (A)

NON-REVENUE

WATER(B)

PROJECTED
WATER

DEMAND(C), AFY
Low Density
Residential 2,241 -
242 gdp/DU

0.27 AFY/DU 8% 660
Parks - 26.1 1.85 AFY/acre 8% 52.5
Bear Creek Open
Space
(landscaped area)
- 0.74 1.85 AFY/acre 8% 1.5
TOTALS 2,241 26.84 - - 714
(A) INCLUDES ONLY LAND USE TYPES WITHIN THE PROJECT SITE THAT HAVE AN ASSOCIATED WATER DEMAND. (B) WATER USE FACTORS ARE FROM THE CITY OF STOCKTON 2021 WATER MASTER PLAN UPDATE. (C) NON-REVENUE WATER IS 8 PERCENT OF THE TOTAL WATER DEMAND, WITH THE TOTAL WATER DEMAND INCLUDING THE NONREVENUE WATER ITSELF. THIS ASSUMPTION IS BASED ON THE CITY OF STOCKTON 2021 WATER MASTER PLAN UPDATE. (D) THE PROJECTED WATER DEMAND WAS DETERMINED BY MULTIPLYING THE DWELLING UNITS OR GROSS ACRES BY THE WATER USE FACTOR FOR EACH LAND USE TYPE AND THEN ADDING 8 PERCENT NON-REVENUE WATER GPD/DU = GALLONS PER DAY PER DWELLING UNIT; AFY/DU = ACRE-FEET PER YEAR PER DWELLING UNIT SOURCE: BEAR CREEK SOUTH PROJECT WATER SUPPLY ASSESSMENT (2024).

The most recent COSMUD UWMP (2020 UWMP) was adopted by City Council in June 2021. The 2020 UWMP included water demand projections for current water demands within the COSMUD water service area (baseline demand) and anticipated water demands associated with future development projects and planning areas within the COSMUD water service area through 2045, including projected water demand for the Project.

As shown in Table 4, projected future water demands presented in the 2020 UWMP used land-use based water demand projections developed for the City’s 2021 Water Master Plan Update. Water demand projections were based on the anticipated growth within the COSMUD water service area as defined by Envision Stockton 2040 General Plan; the Annexation Project, which is consistent with the 2040 General Plan, is included in these projections. Projected water demands for 2045 are assumed to be the same as projected water demands in 2040, since the implementation of future planned developments beyond 2040 is not defined in the Envision Stockton 2040 General Plan.

The Project is anticipated to be served from the COSMUD’s existing and future portfolio of water supplies. The water supply for the Project would have the same water supply reliability and water quality as the water supply available to existing and future COSMUD water customers. The Project Applicant would provide their proportionate share of required funding to COSMUD for the acquisition and delivery of treated potable water supplies to the Project site.

Table 3 summarizes the projected availability of COSMUD’s existing and planned future potable water supplies compared with projected water demands in normal, single dry and multiple dry years through buildout. As stated above, the Project’s water demands were included in future water demand projections presented in the 2020 UWMP and in Table 3. As can be seen on Table 3, there is no projected supply deficit under the projected hydrologic conditions through 2040.

EXHIBIT 1
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ANNEXATION PLAN
City of Stockton – Bear Creek South Residential Project 33 The Bear Creek South Project Water Supply Assessment (West Yost, 2024) completed for the proposed Project demonstrates that the total projected water supplies determined to be available for the Project during normal, single dry, and multiple dry years during a 20-year projection would meet the projected water demand associated with Project, in addition to existing and planned future uses, including, but not limited to, agriculture and industrial uses.

As identified above, the Annexation Project would not result in insufficient water supply availability to serve the Project from existing entitlements and resources.

5. FAIR SHARE HOUSING NEEDS
The extent to which the proposal would affect the City in achieving its respective fair share of regional housing needs, as determined by the SJCOG consistent with Article 10.6 (commencing with Section 65580) of Chapter 3, Division 1 of Title 7 is provided below.

The annexation area is currently under San Joaquin County jurisdiction and is not subject to the City of Stockton's Housing Element. The San Joaquin County General Plan currently designates the annexation area for Low Density Residential (R/L) and High Density Residential (R/H). The annexation area is within the City's SOI (10-year planning horizon) and is planned in the City of Stockton General Plan for Low Density Residential (maximum density is 6.1 dwelling units per acre [du/ac]). Additionally, the San Joaquin County Zoning Ordinance currently designates the annexation area for AU-20 (Agriculture-Urban Reserve, 20 Acres).

The Annexation Project includes three vesting tentative maps that would subdivide the Development Area consistent with the proposed land uses. The Development Area would have 2,241 single-family residential units dispersed throughout multiple neighborhoods, linked by a system of parks and open spaces. Minimum lot sizes will be 5,000 sf. The Annexation Project would be developed in three major phases as represented by the three individual vesting tentative maps.

Sub-phases within each vesting tentative map will be identified later in the engineering process. The general pattern of phases will be north to south from Morada Lane, and west to east from West Lane. Necessary improvements per vesting tentative map have been identified to anticipate needed improvements to accommodate any one of the vesting tentative maps going forward as the first phase.

It is expected that the units built as part of the Bear Creek South Project will be developed at market rate and would therefore be included within the above moderate and/or moderate income categories (as defined by RHNA).

Table 5 shows the City's remaining RHNA allocation based on income category and the need which has already been satisfied during the Housing Element period (i.e., January 1, 2023, to December 31, 2031) by already built and approved units. To ensure that the City has sufficient capacity to accommodate the RHNA allocation throughout the planning period, HCD recommends in its “Housing Element Site Inventory Guidebook” (Government Code Section 65583.2) that the City create a buffer in the sites inventory of 15 to 30 percent more capacity than required, especially for capacity to accommodate the lower-income RHNA allocation. As shown in Table 5, the City has taken this approach and assumed a 30 percent buffer across all income categories.

EXHIBIT 1
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ANNEXATION PLAN
34 City of Stockton – Bear Creek South Project
TABLE 5 – UNIT NEEDS BASED ON BUILT AND APPROVED UNITS (JAN. 1, 2023 – DEC. 31, 2031)

INCOME CATEGORY RHNA
RHNA
WITH
30%

CUSHION

PIPELINE PROJECTS
VACANT
SITES
TOTAL

CAPACITY

SURPLUS
UNITS

SURPLUS
OF
RHNA
WITH
30%

CUSHION
Extremely Low 1,232 1,602 131 1,543 1,674 442 72
Very Low 1,233 1,603 186 1,544 1,730 497 127
Low 1,548 2,012 77 1,544 1,729 181 (283)
Moderate 2,572 3,344 353 3,112 3,519 947 175
Above Moderate 6,088 7,914 13,641 124 13,783 7,695 5,869 Total 12,673 16,475 14,388 7,867 22,435 9,762 5,960
SOURCE: CITY OF STOCKTON, 2023.

As shown in Table 5, the City has a surplus of sites available to meet its 2023-2031 RHNA allocation by income category. The current Stockton Housing Element, adopted by the City Council and reviewed and approved by HCD, has identified residential land inventory within the Land Use Element of the General Plan to meet the RHNA allocation for the current period.

EXHIBIT 1
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CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM ROSEVILLE
(925) 866-0322 BEAR CREEK SOUTH (916)788-4456

PROPOSED PRE-ZONE

APN EXISTING
ZONING

PROPOSED
ZONING
EXHIBIT 2
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F:\3562-000\ACAD\EXHIBITS\XB070_PRE-ZONE EXHIBIT2.DWG

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM ROSEVILLE
(925) 866-0322 BEAR CREEK SOUTH (916)788-4456

PROPOSED PRE-ZONE

APN EXISTING
ZONING

PROPOSED
ZONING
EXHIBIT 2
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City Council and Concurrent AuthoritiesJuly 7, 2026

City Council and Concurrent Authorities
July 7, 2026