City Council and Concurrent Authorities
July 7, 2026

Incidental Take Permit
No. 2081-2009-005-03

CITY OF STOCKTON

DELTA WATER SUPPLY PROJECT
EXHIBIT 2
STKN-18
1224

3. Winter-run Chinook salmon (Oncorhynchus tshawytscha) Endangered

4. Spring-run Chinook salmon (Oncorhynchus tshawytscha) Threatened These species and only these species are hereinafter referred to as "Covered Species." Impacts to Covered Species:

The Project activities described above and their resulting impacts are expected to result in the incidental take of individuals of the Covered Species as follows:

Construction
Individuals of the Covered Species may be incidentally taken as a result of mortality due to instream cofferdam construction and project related dewatering. Specifically, preconstruction dredging will remove approximately 6,700 cubic yards of native river bank and channel bottom material; construction of the facility will permanently remove 0.32 acres of instream habitat; the waterside portion of the construction area will then be isolated from the main channel by permanent sheet pile wing walls and a temporary sheet pile cofferdam; approximately 833 cubic yards of rock riprap will be placed along the permanent wing walls of the intake structure; and the area within the cofferdam and the existing levee will be pumped dry and filled with approximately 1300 cubic yards of material to allow for construction activities to occur.

Operation
Impacts of the proposed taking also include the temporary and permanent impacts to the Covered Species resulting from the operation of the Project. The Covered Species may be incidentally taken as a result of mortality due to Project operations including entrainment/ salvage, increased habitat degradation, and the Project's incremental contribution to cumulative impacts. To compensate for impacts, the City will be required to uphold minimization and mitigation measures regarding flows, screening of intakes, effectiveness monitoring, habitat restoration, and land acquisition. The design of the fish screens will protect Chinook salmon and longfin and Delta smelt greater than 20mm.

Incidental Take Authorization of Covered Species:

This ITP authorizes incidental take of the Covered Species and only the Covered Species. 5 The Fish and Game Commission has approved a petition to list the longfin smelt as a threatened species. The longfin smelt's legal status will officially change upon conclusion of the rulemaking process that was initiated to modify regulations to update the species' status. The same take prohibitions apply to candidate, threatened and endangered species, and therefore this ITP will remain in effect after the status change.

Page4
Incidental Take Permit
No. 2081-2009-005-03

CITY OF STOCKTON

DELTA WATER SUPPLY PROJECT
EXHIBIT 2
STKN-18
1225
With respect to incidental take of the Covered Species, DFG authorizes the Permittee, its employees, contractors, and agents to take Covered Species incidentally in carrying out the Project, subject to the limitations described in this section and the Conditions of Approval identified below. This ITP does not authorize take of Covered Species from activities outside the scope of the Project as described above, take of Covered Species resulting from violation of this ITP, or intentional take of Covered Species, except for capture and relocation of Covered Species as authorized by this ITP.

Conditions of Approval:

Unless specified otherwise, the following measures shall pertain to all ground- or vegetationdisturbing activities (including in-water work) within the Project construction boundaries, including areas used for ingress and egress routes during construction. DFG's issuance of this ITP and Permittee's authorization to take the Covered Species are subject to Permittee's compliance with and implementation of the following Conditions of Approval:

1. Permittee shall comply with all applicable state, federal, and local laws in existence on the effective date of this ITP or adopted thereafter.

2. Permittee shall implement and adhere to the mitigation measures related to the Covered Species in the Environmental Impact Report (SCH# 2003112060) certified by the Permittee as lead agency for the Project under the California Environmental Quality Act (CEQA) on November 8, 2005.

3. Permittee shall fully implement and adhere to the conditions of this ITP within the time frames set forth below and as set forth in the Mitigation Monitoring and Reporting Program (MMRP), which is included as Attachment 1 to this ITP.

4. General Provisions:

4.1. Before initiating ground-disturbing activities, the Permittee shall designate a representative (Designated Representative) responsible for communications with DFG and for overseeing compliance with this ITP. The Permittee shall notify DFG in writing prior to commencement of ground- or vegetation-disturbing activities of the Designated Representative's name, business address, and contact information, and shall notify DFG in writing if a substitute Designated Representative is selected or identified at any time during the term of this ITP.

4.2. The Permittee shall hire a biologist knowledgeable and experienced in the biology and natural history of the Covered Species (Designated Biologist). The Designated Biologist shall monitor construction activities within the Project area.

At least 30 days prior to ground-disturbing activities, the Permittee shall submit to DFG in writing the proposed Designated Biologist's name, qualifications, business

Incidental Take Permit
No. 2081-2009-005-03

CITY OF STOCKTON

DEL TA WATER SUPPLY PROJECT
EXHIBIT 2
STKN-18
1226
address, and contact information for review and approval. The Permittee shall not commence ground-disturbing activities until DFG approves the Designated Biologist.

4.3. The Designated Biologist shall have authority to require Project-related personnel to immediately stop any activity that is not in compliance with this ITP, and to order any reasonable measure to avoid the unauthorized take of an individual of the Covered Species. Neither the Designated Biologist nor DFG shall be liable for any costs incurred in complying with the Conditions of Approval, including cease-work orders issued by DFG.

4.4. All in-water work within Honker Cut, Bishop Cut, Pixley Slough and San Joaquin River shall be conducted within sheetpile cofferdams and in isolation from the flowing water. Installation of all sheetpile cofferdams shall be limited to August 1 through October 31. Work within cofferdams may occur outside of this work period. Alternative cofferdam designs shall only be used if approved by DFG. The Permittee shall use a vibratory hammer to install all cofferdams.

4.5. Piles will only be driven for one 80 mgd pumping unit. Piles shall only be driven during the period August 1 through October 31.

4.6. A minimum buffer zone of 25 feet shall be implemented at entry and exit points during boring under Honker Cut and Bishop Cut. The pipeline shall be tunneled at sufficient depth to avoid the potential for a fracture in the streambed (frac-out).

4.7. Erosion control measures shall be utilized throughout all phases of operation in areas where soil, silt, dirt and/or sediment from project activities threatens to enter waters of the State. Runoff and sedimentation will be prevented by the implementation of appropriate construction best management practices (BMPs).

The stockpiled soil will be protected from the elements. At no time shall any of these materials be allowed to enter or be placed where it may enter waters of the State. Erosion control matting will not include monofilament or plastic; the matting will be composed of jute, straw, coconut matting, or other natural fibers.

4.8. Construction and trench dewatering activities shall comply with a permit issued by the California Central Valley Regional Water Quality Control Board (Regional Board) before being discharged. Surface areas disturbed by the open trenching activities will be restored to their original condition. Unpaved areas will be replanted with grasses, shrubs, and trees as required by DFG.

4.9. Permittee shall employ trenchless construction techniques such as bore and jack and microtunneling to pass under sensitive areas, such as the waterways of Page6
Incidental Take Permit
No. 2081-2009-005-03

CITY OF STOCKTON

DELTA WATER SUPPLY PROJECT
EXHIBIT 2
STKN-18
1227
Bishop and Honker Cuts. Spoils from the excavation will be placed alongside the pits outside of the channel for future use as backfill. Staging and storage areas for equipment, materials, fuels, lubricants, and solvents shall be located outside of the channel and banks. Stationary equipment such as motors, pumps, generators, compressors, and welders, located within or adjacent to the channel, shall be positioned over drip pans. Any equipment or vehicles driven and/or operated within or adjacent to the channel shall be checked and maintained daily to prevent leaks of materials that if introduced to water could be deleterious to aquatic life.

Vehicles shall be moved away from the channel prior to refueling and lubrication.

4.10. Poured concrete shall be excluded from the wetted channel for a period of 30 days after it is poured. During that time the poured concrete shall be kept moist, and runoff from the concrete shall not be allowed to enter waters of the State.

Commercial sealants (e.g. Deep Seal, Elasto-Deck BT Reservoir Grade) may be applied to the poured concrete surface where difficulty in excluding water flow for a long period may occur. If sealant is used, water shall be excluded from the site until the sealant is dry.

4.11. Permittee shall conduct an education program for all persons employed or otherwise working on the Project site prior to performing work on-site. Instruction shall consist of a presentation by the Designated Biologist that includes a discussion of the biology and general behavior of the Covered Species, information about the distribution and habitat needs of the Covered Species, sensitivity of the Covered Species to human activities, their status under CESA including legal protection, recovery efforts, penalties for violations and Project-specific protective measures described in this ITP. In particular, the education program shall instruct workers to notify the Designated Biologist during fish rescue operations (as described in Condition 6.4) if fish are observed and specify that activities shall cease until additional fish have been relocated. The Designated Biologist will remain at the site to rescue additional fish if the workers observe them within the dewatering area. Interpretation shall be provided for non-English speaking workers, and the same instruction shall be provided for any new workers prior to on-site Project activity. Copies of this ITP shall be maintained at the worksite with the Project Manager. Permittee shall prepare and distribute wallet-sized cards or a fact sheet handout containing this information for workers to carry on-site. Upon completion of the program, employees shall sign an affidavit stating they attended the program and understand all protection measures. These forms shall be filed at the City of Stockton offices and be available to DFG upon request.

4.12. Project-related personnel shall access the Project site during construction and development activities using existing routes and shall not cross habitat outside of pre-approved access roads. To the extent possible, the Permittee shall use

Incidental Take Permit
No. 2081-2009-005-03

CITY OF STOCKTON

DELTA WATER SUPPLY PROJECT
EXHIBIT 2
STKN-18
1228
previously disturbed areas within the Project site for temporary storage areas, laydown sites, and any other surface-disturbing activities. If construction of offsite routes of travel will be required, DFG shall be contacted prior to carrying out such an activity. DFG may require an amendment to this ITP if additional take of Covered Species may result from Project modification.

4.13. The Permittee shall provide DFG representatives with reasonable access to the Project site and mitigation lands under its control, and shall otherwise fully cooperate with DFG efforts to verify compliance with or effectiveness of mitigation measures set forth in the ITP.

4.14.Upon Project completion, the Permittee shall remove from the site and properly dispose of all construction refuse, including, but not limited to, broken equipment parts, wrapping material, cords, cables, wire, rope, strapping, twine, buckets, metal or plastic containers, and boxes.

4.15. Notwithstanding any expiration date on this ITP's take authorization, the Permittee's obligations under this ITP do not end until DFG accepts as complete the Permittee's Final Mitigation Report required by Condition 5.8 of this ITP.

5. Notificationand Reporting Provisions:

5.1. The Permittee shall notify DFG and shall document compliance with all preconstruction Conditions of Approval before initiating ground-disturbing activities.

5.2. Weekly Status Report: The Designated Representative shall provide DFG with a single status report every Monday on all activities authorized by this ITP. The status report shall list the schedule of events (beginning dates, work in progress, and completion dates) and shall be submitted until the list of authorized activities is complete or there are scheduled periods of inactivity. The status report shall be sent via email transmittal to [email protected].

5.3. Monthly Compliance Report: The Designated Biologist shall be on-site daily while construction and/or surface-disturbing activities are taking place to minimize take of the Covered Species and to check for compliance with all mitigation and avoidance measures. These inspections shall be compiled into a Monthly Compliance Report and submitted to DFG at the office listed below or via e-mail to DFG's regional representative at [email protected]. DFG may at any time increase the timing and number of compliance inspections and reports required under this provision depending upon the results of previous compliance inspections. If DFG determines the reporting schedule is inadequate, DFG will notify Permittee by letter of the new reporting schedule.

Incidental Take Permit
No. 2081-2009-005-03

CITY OF STOCKTON

DELTA WATER SUPPLY PROJECT
EXHIBIT 2
STKN-18
1229

5.4. The Permittee shall immediately notify DFG in writing if it determines that it is not in compliance with any condition of approval of this ITP, including but not limited to any actual or anticipated failure to implement mitigation measures within the time periods indicated in this ITP and/or the MMRP. Permittee shall report any noncompliance during the construction phase to DFG within 24 hours.

5.5.AII observations of Covered Species during Project activities shall be conveyed to the Permittee's Designated Representative or Designated Biologist. This information shall be included in the next weekly status report (see Condition 5.2) submitted to DFG by the Permittee.

5.6. If a Covered Species is killed by Project-related activities during construction, or if a Covered Species is otherwise found dead, the Designated Biologist shall be immediately notified and a written report will be sent to DFG within two (2) calendar days. The report will include the date, time of the finding or incident, location of the carcass, and the circumstances.

5.7.Annual Status Report: Beginning with issuance of the ITP and continuing until DFG accepts the Final Mitigation Report identified below, Permittee shall provide DFG an Annual Status Report (ASR) no later than January 31 of every year. Each ASR shall include, at a minimum: 1) a general description of the status of the Project site and construction activities, including actual or projected completion dates, if known; 2) a copy of the table in the MMRP with notes showing the current implementation status of each mitigation measure; and 3) an assessment of the effectiveness of each completed or partially completed mitigation measure in minimizing and compensating for Project impacts.

5.8. Final Mitigation Report: No later than 45 days after completion of construction, including completion of all mitigation measures, Permittee shall provide DFG with a Final Mitigation Report. The Final Mitigation Report shall be prepared by the Designated Biologist and shall include, at a minimum: 1) a copy of the table in the MMRP with notes showing when each of the mitigation measures was implemented; 2) all available information about Project-related incidental take of Covered Species; 3) information about other Project impacts on the Covered Species; 4) construction dates; 5) an assessment of the effectiveness of the ITP's conditions of approval in minimizing and mitigating for Project impacts; 6) recommendations on how mitigation measures might be changed to more effectively minimize and mitigate the impacts of future projects on the Covered Species; and 7) any other pertinent information, including the level of take of the Covered Species associated with the Project.

Incidental Take Permit
No. 2081-2009-005-03

CITY OF STOCKTON

DELTA WATER SUPPLY PROJECT
EXHIBIT 2
STKN-18
1230

6. Take Minimization Measures:

Take avoidance of Covered Species is the first priority of this ITP. Relocation of Covered Species discovered within the work area prior to ground- or vegetationdisturbing activities, as well as during Project construction, is the second priority of this ITP. Permittee shall implement and adhere to the following conditions to minimize take of Covered Species.

Diversion of Water

6.1. The initial capacity of the Project shall be limited to 30 million gallons per day (mgd) and a maximum instantaneous rate of diversion of 47 cfs. Further expansion of the Project is not covered under this ITP and will require additional take authorization from DFG.

6.2. The Project intake shall be operated to minimize entrainment of Delta and longfin smelt larvae by reducing and curtailing diversion during sensitive time periods.

Pumping rate shall not exceed 24 cfs during the periods February 15 and March 15 and May 21 through June 15. Pumping shall cease during the period of March 15 through May 20. The Permittee may divert up to 47 cfs outside of these time frames.

6.3. Smelt Monitoring Plan: To evaluate the effectiveness of the minimization measures, the Permittee shall develop and implement a plan to monitor and quantify the entrainment of the Covered Species at the Project intake. A Smelt Monitoring Plan shall be submitted to DFG for approval prior to any water diversion. In addition to quantifying the amount of take, the monitoring shall assess the effectiveness of the period of curtailment and reduced pumping and evaluate if other periods would provide better protection. An annual Smelt Monitoring Report, which is separate from and in addition to the ASR identified in Condition 5.7, shall be submitted to DFG for review and comment by December 31 of each year.

6.4. Fish Rescue Plan: The Permittee shall submit a Fish Rescue Plan to be implemented during cofferdam dewatering operations for DFG approval prior to any in-water work. The plan shall include at minimum the following:
a) Cofferdams shall only be closed during low tide events to minimize fish capture. b) Prior to fully dewatering the cofferdams, remaining fish in the work area will be rescued. Efforts will be made to reduce collecting and handling stress, minimize the time that fish are held in buckets, and minimize handling stress during processing and release. Immediately after collection, fish will be identified, measured, and counted.

Incidental Take Permit
No. 2081-2009-005-03

CITY OF STOCKTON

DELTA WATER SUPPLY PROJECT
EXHIBIT 2
STKN-18
1231
c) Under the direct supervision of the Designated Biologist, longfin smelt and Delta smelt shall be processed first and released as soon as possible. Species name and length data shall be recorded on data sheets, as well as time, date, location, gear type, water temperature, and any other pertinent observations of the fish. d) No employee or contractor shall remove any fish, dead or alive, from the site for personal use. All efforts to reduce the time that live fish are out of the water shall be made so as to reduce the chances of incidental take during the fish rescue. All fish are to be promptly returned to the water with the exception of any dead longfin smelt or Delta smelt.
e) During the fish rescue, there is potential for fish mortality. If any Covered Species suffers mortality, the individuals will be preserved via freezing or placing in a container with 10 percent formalin solution. Information on time and exact location of any incidental take, method of take, length of time from death to preservation, water temperature, and any other relevant information shall be recorded in writing. Preserved individuals will be brought to DFG laboratories. f) After completing the fish rescue, the Designated Biologist shall prepare a brief documentation report. The report shall include information on the personnel conducting the fish rescue, methods used, numbers of each species collected and relocated, length data, and estimate of the survival offish immediately after release. Photographs of the site and rescue operations shall be included. The report shall be provided by the Permittee to DFG within 30 days of completing the fish rescue. This report is separate from, and in addition to, the reports required by Condition 5 of this ITP.
g) After the fish rescue effort is completed, dewatering of the area within the cofferdams may continue. If additional fish are observed, dewatering activities shall cease until those fish have been relocated. The Designated Biologist shall remain at the site to rescue additional fish if the workers observe them within the dewatering area.

6.5. Pumps used to dewater the area behind the cofferdam will be screened to protect the Covered Species and other aquatic species. Pumps used to dewater cofferdams shall be screened as follows:
a) Perforated plate: screen openings shall not exceed 3/32 inches (2.38 mm), measured in diameter.

1. Woven wire: screen openings shall not exceed 3/32 inches (2.38 mm), measured diagonally.

2. Screen material shall provide a minimum of 27% open area.

Incidental Take Permit
No. 2081-2009-005-03

CITY OF STOCKTON

DELTA WATER SUPPLY PROJECT
EXHIBIT 2
STKN-18
1232

3. Approach velocity shall not exceed 0.33 feet per second.

7. Full Mitigation for Take:

DFG has determined that implementation of both of the following measures is necessary and required under CESA to fully mitigate impacts of the taking on Covered Species that will result from implementation of this Project.
7 .1 Condition 6.2 shall be implemented to ensure diversion of water is reduced or ceased during the most sensitive periods for the Covered Species. The implementation of Condition 6.2 not only minimizes take, but partially mitigates the take caused by the Project by providing additional freshwater inflows through the delta, thus increasing available aquatic habitat.

7.2 Habitat Management Land Acquisition and Funding Assurances:

Prior to initiating ground- or vegetation-disturbing Project activities, or no later than 18 months from the effective date of this ITP if Security is provided pursuant to Condition 8 below, the Permittee shall acquire, restore, enhance and permanently preserve 5.96 acres of tidal wetland habitat that shall be the Habitat Management Lands (HM Lands). The required acreage includes 0.96 acres to compensate the permanent loss of 0.32 acres of shallow water habitat and 5.0 acres to mitigate the loss of Covered Species during Project operations. This determination is based on an assessment of timing and quantity of the aquatic habitat impacted by the Project, an evaluation of the potential ongoing impacts due to operation, and an assessment of the value of the other mitigation provided. Permittee shall provide the HM Lands as follows:

7.2.1 A minimum of three months prior to acquisition of the HM Lands, the Permittee shall submit to DFG for approval a formal Proposed Lands for Acquisition Form (see Attachment 28) identifying the land to be purchased as mitigation for the Project's impacts on Covered Species. As part of this condition, Permittee shall:
7 .2.1.1 Transfer fee title to the HM Lands to DFG or another entity under terms approved by DFG. If fee title is held by an entity other than DFG, a conservation easement in a form approved by DFG shall be recorded on title of the HM Lands. The grantee of the conservation easement must be approved by DFG and may be DFG, a DFGapproved non-profit organization qualified pursuant to California Government Code section 65965, or a public agency authorized to hold conservation easements. If a DFG-approved non-profit organization or authorized public agency are grantee on a conservation easement, DFG shall be named third party beneficiary;

Incidental Take Permit
No. 2081-2009-005-03

CITY OF STOCKTON

DEL TA WATER SUPPLY PROJECT
EXHIBIT 2
STKN-18
1233
7 .2.1.2 Provide a recent preliminary title report, initial hazardous materials survey report, and other necessary documents (see Attachment 2A and 28). All documents conveying the HM Lands and all conditions of title are subject to the approval of DFG, and if applicable, the Wildlife Conservation Board and the Department of General Services;

7.2.1.3 Provide for the initial protection and enhancement of HM Lands as determined by DFG once Permittee identifies the HM Lands. DFG estimates that initial protection and enhancement will cost approximately $10,000.00/acre for 5.96 acres;

7.2.1.4 Conduct a Property Analysis Record (PAR) or PAR-like analysis once the HM Lands have been identified to determine the appropriate endowment amount to fund the in-perpetuity management of the 5.96 acres of required HM Lands. Permittee shall provide the required endowment to DFG or a DFG authorized third party after DFG reviews and approves the analysis. Permittee shall provide funding assurances for the endowment in the Security (see Condition 8 below). Interest from the endowment amount shall be available for reinvestment in the principal and for the long-term operation, management, and protection of the HM Lands, including reasonable administrative overhead, biological monitoring, improvements to biological carrying capacity, law enforcement measures, and any other action designed to protect or improve the habitat values of the HM Lands. Any monies received by DFG pursuant to this Condition shall be deposited in a special deposit account established pursuant to Fish and Game Code section 13014. Alternatively, endowment funds may be held by a DFG-approved non-profit organization qualified to hold endowment funds. DFG may pool the endowment with other
endowments for the operation, management and protection of HM Lands for local populations of the Covered Species;

7.2.1.5 Reimburse DFG for reasonable expenses incurred during title and documentation review, expenses incurred from other state agency reviews, and overhead related to transfer of HM Lands to DFG. DFG estimates that this Project will create an additional cost to DFG of no more than $3,000 for every fee title deed or easement processed.

Incidental Take Permit
No. 2081-2009-005-03

CITY OF STOCKTON

DELTA WATER SUPPLY PROJECT
EXHIBIT 2
STKN-18
1234

8. Performance Security:

8.1. Permittee may proceed with ground- or vegetation-disturbing activities before completing all of the required mitigation (including acquisition of HM Lands), monitoring, and reporting activities only if Permittee ensures funding to complete those activities by providing to DFG prior to commencing ground- or vegetation disturbing activities or within thirty (30) days after the effective date of this ITP, whichever occurs first, an irrevocable letter of credit in the form of Attachment 4 or another form of security (Security) approved by DFG's Office of the General Counsel.

The Security shall allow DFG to draw on the principal sum if DFG, at its sole discretion, determines that Permittee has failed to comply with the Conditions of Approval of this ITP. The Security shall be in the amount of $119,200.00 based on the following estimated costs of implementing the ITP's mitigation, monitoring and reporting requirements:

8.1.1. Land acquisition costs for impacts to habitat, calculated at $5,000.00/acre for

5.96 acres: $29,800.00;

8.1.2. Costs of initial protection and enhancement/restoration of HM Lands, calculated at $10,000.00/acre for 5.96 acres: $59,600.00;

8.1.3. Endowment estimate, calculated at$ 5,000.00/acre for 5.96 acres: $29,800.00.

Even if the Security is provided, the Permittee must complete the required acquisition, protection and transfer of all HM Lands and record the required conservation easements in favor of DFG no later than 18 months after the start of the ground- or vegetation-disturbing activities.

Amendment:

This ITP may be amended without the concurrence of the Permittee if DFG determines that continued implementation of the Project under existing ITP conditions would jeopardize the continued existence of a Covered Species or that Project changes or changed biological conditions necessitate an ITP amendment to ensure that impacts to the Covered Species are minimized and fully mitigated. DFG may also amend the ITP at any time without the concurrence of the Permittee as required by law.

Stop-Work Order:

DFG may issue Permittee a written stop-work order to suspend any activity covered by this ITP for an initial period of up to 25 days to prevent or remedy a violation of ITP conditions (including but not limited to failure to comply with reporting, monitoring, or habitat acquisition obligations) or to prevent the illegal take of an endangered, threatened, or candidate species.

Permittee shall comply with the stop-work order immediately upon receipt thereof. DFG may

Incidental Take Permit
No. 2081-2009-005-03

CITY OF STOCKTON

DELTA WATER SUPPLY PROJECT
EXHIBIT 2
STKN-18
1235
extend a stop-work order under this provision for a period not to exceed 25 additional days, upon written notice to the Permittee. DFG shall commence the formal suspension process pursuant to California Code of Regulations, Title 14, section 783.7 within five working days of issuing a stop-work order.

Compliance with Other Laws:

This ITP contains DFG's requirements for the Project pursuant to CESA. This ITP does not necessarily create an entitlement to proceed with the Project. Permittee is responsible for complying with all other applicable state, federal, and local laws.

Notices:

The Permittee shall deliver the fully executed duplicate original ITP by first class mail or overnight delivery to the following address:

Habitat Conservation Planning Branch
California Department of Fish and Game
Attention: CESA Permitting Program
1416 Ninth Street, Suite 1260
Sacramento, CA 95814
Written notices, reports and other communications relating to this ITP shall be delivered to DFG by first class mail at the following addresses, or at addresses DFG may subsequently provide the Permittee. Notices, reports, and other communications should reference the Project name, Permittee, and ITP Number (2081-2009-005-03) in a cover letter and on any other associated documents.

Original cover with attachment(s) to:

Charles Armor, Regional Manager
Bay Delta Region
PO Box47
Yountville, California 94599
Telephone (707) 944-5517
Fax(707)944-5553
Copy of cover without attachment(s) to:

And:

Office of the General Counsel ·
California Department of Fish and Game
1416 Ninth Street, 12th Floor
Sacramento, CA 95814
Habitat Conservation Planning Branch
California Department of Fish and Game

Incidental Take Permit
No. 2081-2009-005-03

CITY OF STOCKTON

DELTA WATER SUPPLY PROJECT
EXHIBIT 2
STKN-18
1236
1416 Ninth Street, Suite 1260
Sacramento, CA 95814
Unless Permittee is notified otherwise, DFG's Regional Representative for purposes of addressing issues that arise during implementation of the ITP is:

Corinne Gray, Environmental Scientist
Post Office Box 47
Yountville, California 94599
Telephone (707) 944-5526
Fax (707) 944-5595
Compliance with CEQA:

DFG's issuance of the ITP is subject to CEQA. DFG is a responsible agency under CEQA with respect to the ITP because of prior environmental review of the Project by the Permittee as lead agency for the Project. (See generally Pub. Resources Code, §§ 21067, 21069.) The lead agency's prior environmental review of the Project is set forth in the Environmental Impact Report (EIR) (SCH# 2003112060) that the Permittee certified for the Delta Water Supply Project on November 8, 2005. At the time the lead agency certified the EIR and approved the Project it also adopted all mitigation measures identified in the El R as conditions of Project approval.

In fulfilling its obligations as a responsible agency, DFG's obligations under CEQA are more limited than the lead agency. DFG, in particular, is responsible for considering only the effects of those activities involved in the Project which it is required by law to carry out or approve and mitigating or avoiding only the direct or indirect environmental effects of those parts of the Project which it decides to carry out, finance, or approve. (Pub. Resources Code, § 21002.1, subd. (d); CEQA Guidelines,§§ 15041, subd. (b), 15096, subds. (f)-(g).)6 Accordingly, because DFG's exercise of discretion is limited to issuance of the ITP, DFG is responsible for considering only the environmental effects that fall within its permitting authority under CESA.

In conjunction with the issuance of the ITP, DFG is adopting an Addendum to the El R pursuant to CEQA. (CEQA Guidelines§ 15164.) The Addendum describes changes to the Project required by the ITP, including: monitoring requirements, dewatering activities, implanting a fish rescue plan, installing DFG approved fish screens, and restricting diversions to times that Delta and longfin smelt are likely not to be in the system. Further, the Addendum concludes that the recent decision of the Fish and Game Commission to approve • The "CEQA Guidelines" are found in Title 14 of the California Code of Regulations, commencing with section 15000.

Incidental Take Permit
No. 2081-2009-005-03

CITY OF STOCKTON

DELTA WATER SUPPLY PROJECT
EXHIBIT 2
STKN-18
1237
a petition to list the longfin smelt as threatened does not constitute a new significant or substantially more severe impact.

Therefore, DFG finds that substantial evidence in the record shows that the changes described in the Addendum are not substantial changes that would require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Moreover, since the adoption of the EIR, there have been no significant changes in the circumstances under which the Project will be undertaken, nor has any new information of substantial importance become available. Therefore, pursuant to CEQA Guidelines sections 15164(b) and 15162, an Addendum is the appropriate environmental document for these changes.

This ITP, along with DFG's CEQA findings for the ITP and Project, which are available as a separate document, provide evidence of DFG's consideration of the EIR for the Project and the environmental effects related to issuance of the ITP. (CEQA Guidelines, § 15096, subd. (f).) DFG has considered the adopted EIR and the environmental effects described therein, in conjunction with the Addendum, prior to making a decision on the issuance of the ITP.

DFG finds that issuance of the ITP will not result in any previously undisclosed potentially significant effects on the environment or a substantial increase in the severity of any potentially significant environmental effects previously disclosed by the lead agency.

Furthermore, to the extent the potential for such effects exists, DFG finds adherence to and implementation of the Conditions of Project Approval adopted by the lead agency, as well as adherence to and implementation of the Conditions of Approval imposed by DFG through the issuance of this ITP, will avoid or reduce to below a level of significance any such potential effects. DFG consequently finds that issuance of the ITP will not result in any significant, adverse impacts on the environment. DFG finds that the EIR and the Addendum are adequate under CEQA to support approval of this ITP.

Findings under CESA:

These findings are intended to document DFG's compliance with the specific findings requirements set forth in CESA and related regulations. (Fish & G. Code§ 2081, subs. (b)- (c); Cal. Code Regs., tit. 14, §§ 783.4, subds, (a)-(b), 783.5, subd. (c)(2).) DFG finds that issuance of this ITP complies and is consistent with the criteria governing the issuance of ITPs under CESA:
(1) Take of Covered Species as defined in the ITP will be incidental to the otherwise lawful activities covered under the ITP;
(2) Impacts of the taking of the Covered Species will be minimized and fully mitigated through the implementation of measures required by this ITP and as described in the

Incidental Take Permit
No. 2081-2009-005-03

CITY OF STOCKTON

DELTA WATER SUPPLY PROJECT
EXHIBIT 2
STKN-18
1238
MMRP. Measures include: 1) Permanent habitat protection and management; 2) Monitoring and Compliance Reports; 3) establishment of avoidance zones; 4) seasonal operations and work restrictions; and 4) worker education. As part of making this determination, DFG evaluated the quality of the habitat on the Project site, the scope and extent of direct impacts, the scope and extent of indirect impacts, and other relevant information available to DFG or provided by the Permittee. Based on this evaluation, DFG determined that the protection and management in perpetuity of 5.96 acres of compensatory habitat that is contiguous with other protected Covered Species habitat and/or is of higher quality than the habitat being destroyed by the Project, along with the minimization, monitoring, reporting, and funding requirements of this ITP, meet the CESA issuance criteria;
(3) The take avoidance and mitigation measures required pursuant to the conditions of this ITP and its attachments are roughly proportional in extent to the impact of Permittee's take;
(4) The measures required by this ITP maintain Permittee's objectives to the greatest extent possible;
(5) All required measures are capable of successful implementation; (6) The ITP is consistent with any regulations adopted pursuant to Fish and Game Code sections 2112 and 2114;
(7) Permittee has ensured adequate funding to implement the measures required by the ITP as well as for monitoring compliance with, and the effectiveness of, those measures for the Project; and
(8) Issuance of the ITP will not jeopardize the continued existence of the Covered Species based on the best scientific and other information reasonably available, and this finding includes consideration of the species' capability to survive and reproduce, and any adverse impacts of the taking on those abilities in light of (a) known population trends; (b) known threats to the species; and (c) reasonably foreseeable impacts on the species from other related projects and activities. Moreover, DFG's finding is based, in part, on DFG's express authority to amend the terms and conditions of the ITP without concurrence of the Permittee as necessary to avoid jeopardy and as required by law.

Attachments:

Figure 1
ATTACHMENT 1
ATTACHMENT 2A,2B
Map
Mitigation Monitoring and Reporting Program
Habitat Management Lands Checklist; PLFAF Form

Incidental Take Permit
No. 2081-2009-005-03

CITY OF STOCKTON

DELTA WATER SUPPLY PROJECT
EXHIBIT 2
STKN-18
1239
ATTACHMENT 3
ATTACHMENT 4
Mitigation Payment Transmittal Form
Letter of Credit Form

ISSUED BY THE CALIFORNIA DEPARTMENT OF FISH AND GAME
on r/w.1, ~.Pf, 2001
Charles Armor, Regional Manager

BAY DELTA REGION
APPROVED AS TO FORM:

Thomas
~~ Gibson
Deputy General Counsel

ACKNOWLEDGMENT
The undersigned: 1) warrants that he or she is acting as a duly authorized representative of the Permittee, 2) acknowledges receipt of this ITP, and 3) agrees on behalf of the Permitlee to comply with all terms and conditions of the ITP.

By:_~~'7---=~"---=~=----,~&-.________ Date: _ _,_J ,._,,/ },,'-"t-::.Lf .::...o '1...1___ __ Printed Name: J 6, o fl.:D o rJ

Incidental Take Permit
No. 2081-2009-005-03

CITY OF STOCKTON

DELTA WATER SUPPLY PROJECT
EXHIBIT 2
STKN-18
1240
Attachment 1

DEPARTMENT OF FISH AND GAME

MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
CALIFORNIA INCIDENTAL TAKE PERMIT NO. 2081-2009-005-03
PERMITTEE: City of Stockton
PROJECT: Stockton Delta Water Supply Project

PURPOSE OF THE MMRP
The purpose of the MMRP is to ensure that the impact minimization and mitigation measures required by the Department of Fish and Game (DFG) for the abovereferenced Project are properly implemented, and thereby to ensure compliance with section 2081(b) of the Fish and Game Code and section 21081.6 of the Public Resources Code. A table summarizing the mitigation measures required by DFG is attached. This table is a tool for use in monitoring and reporting on implementation of mitigation measures, but the descriptions in the table do not supersede the mitigation measures set forth in the California Incidental Take Permit (ITP) and in attachments to the ITP, and the omission of a ITP requirement from ihe attached table does not relieve the Permittee of the obligation to ensure the requirement is performed.

OBLIGATIONS OF PERMITTEE
Mitigation measures must be implemented within the time periods indicated in the table that appears below. Permittee has the primary responsibility for monitoring compliance of all mitigation measures and for reporting to DFG on the progress in implementing those measures. These monitoring and reporting requirements are set forth in the ITP itself and are summarized at the front of the attached table.

VERIFICATION OF COMPLIANCE, EFFECTIVENESS
DFG may, at its sole discretion, verify compliance with any mitigation measure or independently assess the effectiveness of any mitigation measure. 1 EXHIBIT 2
STKN-18
1241

TABLE OF MITIGATION MEASURES
The following items are identified for each mitigation measure: Mitigation Measure, Source, Implementation Schedule, Responsible Party, and Status/Date/Initials. The "Mitigation Measure" column summarizes the mitigation requirements of the ITP. The "Source" column identifies the ITP document that sets forth the mitigation measure.

The "Implementation Schedule" column shows the date or phase when each mitigation measure will be implemented. The "Responsible Party" column identifies the person or agency that is primarily responsible for implementing the mitigation measure. The "Status/Date/Initials" column shall be completed by the Permittee during preparation of each Status Report and the Final Mitigation Report, and must identify the implementation status of each mitigation measure, the date that status was determined, and the initials of the person determining the status.
2 EXHIBIT 2
STKN-18
1242
.

Implementation Responsible
Mitigation Measure Source Schedule Party Status I Date / Initials

BEFORE DISTURBING SOIL OR VEGETATION
1 Before initiating ground-disturbing activities, the Permittee shall designate a representative ITP Before commencing Permittee (Designated Representative) responsible for communications with DFG and for overseeing Condition ground- or compliance with this ITP. The Permittee shall notify DFG in writing prior to commencement of # 4.1 vegetationground- or vegetation-disturbing activities of the Designated Representative's name, business disturbing activities/ address, and contact information, and shall notify DFG in writing if a substitute Designated Entire Project Representative is selected or identified at any time during the term of this ITP. 2 The Permittee shall hire a biologist knowledgeable and experienced in the biology and natural ITP Before commencing Permittee history of the Covered Species (Designated Biologist). The Designated Biologist shall monitor Condition ground- or construction activities within the Project area. At least 30 days prior to ground-disturbing #4.2 vegetationactivities, the Permittee shall submit to DFG in writing the proposed Designated Biologist's disturbing activities name, qualifications, business address, and contact infom,ation for review and approval. The Permittee shall not commence ground-disturbing activities until DFG approves the Designated Biologist.
3 Permittee shall conduct an education program for all persons employed or otherwise working ITP Before commencing Permittee on the Project site prior to performing work on-site. Instruction shall consist of a presentation Condition ground- or by the Designated Biologist that includes a discussion of the biology and general behavior of # 4.11 vegetationthe Covered Species, infonnation about the distribution and habitat needs of the Covered disturbing ac;:tivities / Species, sensitivity of the Covered Species to human activities, their status under CESA Entire Project including legal protection, recovery efforts, penalties for violations and Project-specific protective measures described in this ITP. In particular, the education program shall instruct workers to· notify the Designated Biologist during fish rescue operations (as described in Condition 6.4) if fish are observed and specify that activities shall cease until additional fish have been relocated. The Designated Biologist will remain at the site to rescue additional fish if the workers observe them within the dewatering area. Interpretation shall be provided for non-English speaking workers, and the same instruction shaJJ be provided for any new workers prior to on-site Project activity. Copies of this ITP shall be maintained at the worksite with the Project Manager. Permittee shall prepare and distribute wallet-sized cards or a fact sheet handout containing this information for workers to carry on-site. Upon completion of the program, employees shall sign an affidavit stating they attended the program and understand all protection measures. These forms shall be filed at the City of Stockton offices and be available to DFG upon request
5 The Pem,ittee shall submit a Fish Rescue Plan to be implemented during cofferdam ITP Before commencing Permittee dewatering operations for DFG approval prior to any in water work. The Plan shall conform Condition in water activities to the requirements described in Condition 6.4 of the ITP # 6.4 Entire Project 6 Prior to initiating ground- or vegetation-disturbing Project activities, or no later than 18 months ITP Before commencing Pennittee from the effective date of this ITP if Security is provided pursuant to Condition 8 below, the Condition ground- or Permittee shall acquire, restore, enhance and permanently preserve 5.96 acres of tidal #7.2 vegetationwetland habitat that shall be the Habitat Management Lands (HM Lands). The required disturbing activities acreage includes 0.96 acres to compensate the permanent loss of 0.32 acres of shallow water or no later than 18 habitat and 5.0 acres to mitigate the loss of covered species during project operations. HM months from Lands shall be provided in accordance with Condition 7.2 of the JTP effective date Entire Project
1 EXHIBIT
2 STKN-18
1243
Implementation Responsible
Mitigation Measure '.: --· ;so11rce Schedule Party Status I Date/ Initials 8 The Permittee shall notify DFG and sha!I document compliance with all pre-construction ITP Before commencing Permittee Conditions of Approval before initiating ground-disturbing activities. Condition# ground- or

5.1 vegetationdisturbing activities

DURING CONSTRUCTION
9 The Designated Representative shall provide DFG with a single status report every Monday on ITP Entire Project Permittee all activities authorized by this ITP. The status report shall list the schedule of events Condition (beginning dates, work in progress, and completion dates) and shall be submitted until the list #5.2 of authorized activities is complete or there are scheduled periods of inactivity. The status report shall be sent via email transmittal to [email protected]. 10 The Designated Biologist sha!I be on-site daily while construction and/or surface-disturbing ITP Entire Project Permittee activities are taking place to minimize take of the Covered Species, to check for compliance Condition with all mitigation and avoidance measures. These inspections shall be compiled into a #5.3 Monthly Compliance Report and submitted to DFG at the office listed below or via e-mail to DFG's regional representative at [email protected]. DFG may at any time increase the timing and number of compliance inspections and reports required under this provision depending upon the results of previous compliance inspections. If DFG determines the reporting schedule is inadequate, DFG will notify Permittee by letter of the new reporting schedule.
11 Permittee shall immediately notify DFG in writing if it determines that it is not in compliance ITP Entire Project Permittee with any condition of approval of the ITP, including but not limited to any actual or anticipated Condition failure to implement mitigation measures within the time periods indicated. Permittee shall # 5.4 report any non-compliance during the construction phase to DFG within 24 hours. 12 All observations of Covered Species during Project activities shall be conveyed to the ITP Entire Project Permittee Permittee's Designated Representative or Designated Biologist. This information shall be Condition included in the next weekly status report submitted to DFG by the Permittee. #5.5 13 If a Covered Species is killed by Project-related activities during construction, or if a Covered ITP Entire Project Permittee Species is otherwise found dead, the Designated Biologist shall be immediately notified and a Condition written report will be sent to DFG within two (2) calendar days. The report will include the # 5.6 date, time of the finding or incident, location of the carcass, and the circumstances. 14 Beginning with issuance of the ITP and continuing until DFG accepts the Final Mitigation ITP Entire Project Permittee Report identified below, Permlttee shall provide DFG an annual Status Report no later than Condition January 31 of every year. Each Status Report shall include, at a minimum: 1) a general #5.7 description of the status of the Project site and construction activities, including actual or projected completion dates, if known; 2) a copy of this table with notes showing the current implementation status of each mitigation measure; and 3) an assessment of the effectiveness of each completed or partially completed mitigation measure in minimizing and compensating for Project impacts.
2 EXHIBIT
2 STKN-18
1244
.

Implementation Responsible
Mitigation Measure .: ... ·_ ' - Source Schedule Party Status I Date/ Initials 15 DFG may issue Permittee a written stop-work order to suspend any activity covered by this ITP Entire Project Department of ITP for an initial period of up to 25 days to prevent or remedy a violation of ITP conditions Fish and Game (including but not limited to failure to comply with reporting, monitoring, or habitat acquisition obligations) or to prevent the illegal take of an endangered, threatened, or candidate species.

Permittee shall comply with the stop-work order immediately upon receipt thereof. DFG may extend a stop-work order under this provision for a period not to exceed 25 additional days, upon written notice to the Permittee. DFG shall commence the formal suspension process pursuant to California Code of Regulations, Title 14, section 783.7 within five working days of issuing a stop-work order.

PRIOR TO DIVERSION
16 Smelt Monitoring Plan: To evaluate the effectiveness of the minimization measures, the ITP Entire Project Department of Permittee shall develop and imp!ement a plan to monitor and quantify the entrainment of the Condition Fish and Game Covered Fish Species at the Project intake. A Smelt Monitoring Plan shall be submitted to # 6.3 DFG for approval prior to any water diversion. In addition to quantifying the amount of take, the monitoring shall assess the effectiveness of the period of curtailment and reduced pumping and evaluate if other periods would provide better protection. An annual Smelt Monitoring report, separate from and in addition to the Project Annual Status Report identified above, shall be submitted to DFG for review and comment by December 31 of each year.

POST-CONSTRUCTION
17 No later than 45 days after completion of the Project, including completion of all mitigation ITP Post-construction Permittee measures, Permittee shall provide the DFG with a Final Mitigation Report. The Final Mitigation Condition and after completion Report shall be prepared by the Designated Biologist and shall include, at a minimum: 1) a # 5.8 of mitigation copy of this table with notes showing when each of the mitigation measures was implemented; 2) all available information about Project-related incidental take of the Covered Species; 3) information about other Project impacts on the Covered Species; 4) construction dates; 5) an assessment of the effectiveness of the ITP's Conditions of Approval in minimizing and compensating for Project impacts; 6) recommendations on how mitigation measures might be changed to more effectively minimize and mitigate the impacts of future projects on the species; and 7) any other pertinent information, including the level of tale pf the Covered Species associated with the Project.
18 DFG accepts the Final Mitigation Report as complete. ITP Post-construction Department of Condition Fish and Game
#4.15
3 EXHIBIT
2 STKN-18
1245
To:

ATTACHMENT2A

DEPARTMENT OF FISH AND GAME

HABITAT MANAGEMENT LAND ACQUISITION PACKAGE CHECKLIST FOR PROJECT APPLICANTS The following checklist is provided to inform you of what documents are necessaiy to expedite Depaitment processing ofyonr Habitat Management Land acquisition proposal. Any land acquisition processing requests which are incomplete when received, will be returned. The Region contact will review and approve the document package and forward it to the Lands and Facilities Branch (LFB) Realty Services Coordinator with a request to process the land acquisition for formal acceptance.

Charles Armor
From:

Regional Manager, Region Name
City of Stockton
Project Applicant
Phone:

Tracking#: 2081-2009-005-03
CDFG assigned permit or agreement#
Project Name: --~S~to~c~kt~o~1~1 ~D~e~lt~a~W=a~te~r~S~1""1p"'p""l"y2 P~r~o.,,j e~c..,t Enclosed is the complete package for the D Conservation Easement OR D Grant Deed Documents in this package include:

D Fully executed, approved as to form Conservation Easement Deed or Grant Deed.

Date executed: _________ _
D Proposed Lands for Acquisition Fmm (PLFAF)
D Phase I Environmental Site Assess!I\ent Report Date on report: _____________ _ (An existing report may be used, but it must be less than two years old.) D Prelinlinary Title Report(s) for subject property is enclosed and has been reviewed for encumbrances and other easements. The title report must be less than six months old when final processing is conducted.

Included are additional documents:

D document(s) to suppmttitle exceptions
D document(s) to explain title encumbrances
D a plot or map of easements/encumberances on the property D Policy of Title Insurance (an existing title policy is not acceptable) D County Assessor Parcel Map(s) for subject prope1ty
D Site Location Map (Site location wifu property boundaries outline on a USGS 1 :24,000 scale topo) D Final Permit or Agreement (or oilier appropriate instrument) Type of agreement: D Bank Agreement D Mitigation Agreement D Permit Other: _____________ _
(write in lype of permit)
D Final Management Plan (if required prior to fmalizing permit or agreement or if this package is for a Grai1t Deed)
D Biological Resources Repmt
D Draft Stl1lilllary of Transactions D hard copy D electronic copy (both are required) EXHIBIT 2
STKN-18
1246
ATTACHMENT 2B
PROPOSED LANDS FOR ACQUISITION FORM /"PLFAF")
Date: ________ _
TO: Regional Representative
Facsimile:

FROM: __________ _
Applicant proposes that the following parcel of land be considered for approval by the Department as suitable for purposes of habitat management lands to replace the adverse environmental impacts of the Project:

Section Township Range
Current Legal Owner/s), include Parcel Number(s):

Location of Parcel:

APPROVED

REJECTED
By:. ________ ~
Region
Number of Acres
DATE:. ______ _
Explanation:. _______________________ _
Jan 2003
EXHIBIT 2
STKN-18
1247
Mitigation Payment Transmittal Form
Project Applicant Instructions: Please fill out and attach this form to payment. For conservation banks also attach theBill(s) of Sale for credits sold. One fonn may be used for multiple transactions, BUT YOU "MUST USE A SEP ARA TE FOR.J.'1 FOR EACH CHECK YOU TRANSMIT. Make sure to include Project Name, Project Tracking Number, and FASB Mitigation Tracking Number (if available) on the attached payment type.
(1) DATE:

TO: Charles Armor
[CDFG Regional Manager]
P.O. Box 47 Yountville CA 94599
[CDFG Region Office Address]
(2) FROM: ------------------ Name
Mailing Address
City, State, Zip
Telephone Number/FAX Number
(3) RE: Stockton Delta Water Supply Project
[Project Name as appears on permit/agreement]
(4) AGREEMENT/ACCOUNT INFORMATION:
( Check the applicable type)
X 2081 Permit o Conservation Bank o 1802 Agreement
o 2835 NCCP
2081-2009-005-03
o Other _______ _
[Project Tracking Number]
[FASB Mitigation Tracking Number (if available)]
Index ___________ PCA. _________ _
(5) PAYMENT TYPE ( One check per form only): The following funds are being remitted in connection with the above referenced project:

Check information:

Total$. _________ _ Check No. __________ _
Account No. ________ _ Bank Routing No. _______ _
a. Endowment: for Long-Term Management Subtotal $ -------- b. Habitat Enhancement Subtotal $, ______ _
c. Security:

I. Cash Refundable Security Deposit Subtotal $ ·--------

2. Letter of Credit Subtotal $ --------

1. Financial Institution: ______________ _

2. Letter of Credit Number: ___________ _

3. Dale of Expiration: ______________ _
Mitigation Payment Trnnsmiual Form
2081-2009-005-03
City of Stockton Municipal Utilities Department
Stockton Delta Water Supply Project
EXHIBIT 2
STKN-18
1248
IRREVOCABLE STANDBY LETTER OF CREDIT NO. [number)
Issue Date: [date)
Beneficiary:

Department of Fish and Game
1416 Ninth Street, 121
h Floor
Sacramento, CA 95814
Attn: Office of the General Counsel
Amount: U.S. $[dollar number) [(dollar amount))
Expiry: [Date] at our counters,
Dear Sirs:

1. At the request and on the instruction of our customer, [name of applicantj_ __ ("Applicant"), we, [name of bankL("lssuer"), hereby establish _in favor of the_ beneficiary, the California Department of Fish and Game ("Department"), this irrevocable standby letter of credit ("Credit") in the principal sum of U.S. $[dollar number) [(do//aramount)l[('Principal Sum''). _ ____________________ _ ____ _ Comment: Bank or Applicant wilt
complete the heading (i.e., the
infom,ation above this comment box).

The heading will be subject to change
by bank on a bank-by-bank basis.

DFG will verify the amount and expiry
date are correct.
1 Comment: Bank or Applicant will
comp!ele.

Comment: Bank or Applicant will
comp!ete.

Comment: Applicant or DFG will
insert amount. If the former, DFG will 2. We are informed this Credit is and has been established for the benefit of the verify the amount is correct.

Department pursuant to the terms of the incidental take permit for the [name of projectj issued by_the Department to_the A[Jplicant _o_n_ [ date l_( No._ [numberjJJ __ __ ---.- _ .- -- ("Permit").

Comment: Applicant or DFG should
insert.project name. If the former,
DFG will verify the name is correct.

3. We are further informed that pursuant to the Permit, the Applicant has agreed to complete certain mitigation requirements, as set forth in Conditions [numbersj_in the Permit ("Mitigation Requirements").

4. We are finally informed that this Credit is intended by the Department and the Applicant to serve as a security device for the performance by the Applicant of the Mitigation Requirements.
--.

5. The Department shall be entitled to draw upon this Credit only by presentation of a duly executed Certificate for Drawing ("Certificate") in the same form as Attachment A, which is attached hereto, at our office located at [name and address of bank].[___ ____________ __________________________________ _

6. The Certificate shall be completed and signed by an "Authorized Representative" of the Department as defined in paragraph 12 below. Presentation by the Department of a completed Certificate may be made in person or by registered mail, return receipt requested, or by overnight courier.

DFG Template.No Reduction
Rev.11/08
Comment: Applicant or DFG should
insert date and number. If the former,
DFG will verify the information is
correct.·
--~mment: DFG will insert numbers. j
Comment: Bank or Applicant wl!!
complete.

EXHIBIT 2
STKN-18
1249

7. Upon presentation of a duly executed Certificate as above provided, payment shall be made to the Department, or to the account of the Department, in immediately available funds, as the Department shall specify.

8. If a demand for payment does not conform to the terms and conditions of this Credit, we shall give the Department prompt notice that the demand for payment was not effected in accordance with the terms and conditions of this Credit, state the reasons therefore, and await further instruction.

9. Upon being notified that the demand for payment was not effected in conformity with the Credit, the Department may correct any such non-conforming demand for payment under the terms and conditions stated herein.

10.AII drawings under this Credit shall be paid with our funds. Each drawing honored by us hereunder shall reduce, pro tanto, the Principal Sum. By paying to the Department an amount demanded in accordance herewith, we make no representations as to the correctness of the amount demanded.

11. This Credit will be cancelled upon receipt by us of Certificate of Cancellation, which: (i) shall be in the form of Attachment B, which is attached hereto, and (ii) shall be completed and signed by an Authorized Representative of the Department, as defined in paragraph 12 below.

12.An "Authorized Representative" shall mean either the Director of the Department of Fish and Game, the General Counsel of the Department of Fish and Game, or a Regional Manager of the Department of Fish and Game.

13. This Credit shall be automatically extended without amendment for additional periods of one year from the present or any future expiration date hereof, unless at least sixty (60) days prior to any such date, we notify the Department in writing by registered mail, return receipt requested, or by overnight courier that we elect not to consider this Credit extended for any such period.

14. Communications with respect to this Credit shall be in writing and addressed to us at [name and address of bank),_ specifically referrin_g_ upon __ s_uch writing to __ this credit by number. The address for notices with respect to this Credit shall be: (i) for the Department: Department of Fish and Game, Office of the General Counsel, 1416 Ninth Street, 12th Floor, Sacramento, California 95814-2090 Attn: General Counsel; and (ii) for the Applicant: [name and address of ApplicantL_

15. This Credit may not be transferred.

DFG Template.No Reduction
Rev. 11/08
Comment: Bank or Applicant wilt
complete.

Comment: Bank or Applicant will
complete.

EXHIBIT 2
STKN-18
1250

16. This Credit is subject to the International Standby Practices 1998 ("ISP 98"). As, __ .. / to matters not covered by the ISP 98 and to the extent not inconsistent with the ISP 98, this credit shall be governed by and construed in accordance with the Uniform Commercial Code, Article 5 of the State of California.

Comment: Paragraph 16 ls subject
to change by bank on a bank-by-bank
basis. OGG will review and approve
final language.

17. This Credit shall, if not cancelled, expire on [expiration dateLc,r_any extended ________ ./1 comment, sank or Applicant, or · 1· d t DFGwillcomplete. lfthefonner, exptra ion a e. DFG will verify the date ls correct.

18. We hereby agree with the Department that documents presented in compliance with the terms of this Credit will be duly honored upon presentation, as specified herein.

19. This Credit sets forth in full the terms of our undertaking. Such undertaking shall not in any way be modified, amended or amplified by reference to any document or instrument referred to herein or in which this Credit is referred to or to which this Credit relates and any such reference shall not be deemed to incorporate herein by reference any document or instrument.
[Name of bank]
By:-----------
Name: ____________ _
Title: ____________ ...J.

DFG Template.No Reduction
Rev. 11/08
1 Comment: Bank will complete.

EXHIBIT 2
STKN-18
1251
To:

AITACHMENT ~
IRREVOCABLE STANDBY LETTER OF CREDIT NO. [number]

CERTIFICATE FOR DRAWING
[Name and address of bank]
Re: Incidental Take Permit No. [permit number]
The undersigned, a duly Authorized Representative of the Department of Fish and Game ("Department"), as defined in paragraph 12 in the above-referenced Irrevocable Standby Letter of Credit ("Credit"), hereby certifies to the Issuer that:

1. [Insert one of the following statements: "In the opinion of the Department, the Applicant has failed to complete the Mitigation Requirements referenced in paragraph 3 of the Credit." or "As set forth in paragraph 13, the Issuer has informed the Department that the Credit will not be extended and the Applicant has not provided the Department with an equivalent security approved by the Department to replace the Credit."]

2. The undersigned is authorized under the terms of the Credit to present this Certificate as the sole means of demanding payment on the Credit.

3. The Department is therefore making a drawing under the Credit in amount of U.S.$. _____ _

4. The amount demanded does not exceed the Principal Sum of the Credit.

Therefore, the Department has executed and delivered this Certificate as of the _day of ____ , __ .

CALIFORNIA DEPARTMENT OF FISH AND GAME
BY: ___________________ _
[Insert one of the following: "DIRECTOR" or"GENERAL COUNSEL" or"REGIONAL MANAGER, [NAME OF REGIONAL OFFICE]"]
DFG Template.No Reduction
Rev. 11/08
Comment: DFG will complete this
Certificate if it determines that
drawing is required.

EXHIBIT 2
STKN-18
1252
To:

ATTACHMENT B
IRREVOCABLE LETTER OF CREDIT NO. [number]

CERTIFICATE FOR CANCELLATION
[Name of bank and address]
Re: Incidental Take Permit No. [permit number]
The undersigned, a duly Authorized Representative of the California Department of Fish and Game ("Department"), as defined in the paragraph 12 in the above-referenced Irrevocable Standby Letter of Credit ("Credit"), hereby certifies to the Issuer that:

1. [Insert one of the following statements: "The Applicant has presented documentary evidence of full compliance with the Mitigation Requirements referenced in paragraph 3 of the Credit." or"The natural expiration of this Credit has occurred."]

2. The Department therefore requests the cancellation of the Credit.

Therefore, the Department has executed and delivered this Certificate for Cancellation as of the __ day of _____ , __ _

CALIFORNIA DEPARTMENT OF FISH AND GAME
BY:-----------------
[Insert one of the following: "DIRECTOR" or "GENERAL COUNSEL" or "REGIONAL MANAGER, [NAME OF REGIONAL OFFICE]"]
DFG Template.No Reduction
Rev.11/08
Comment: DFG will complete this
Certificate if it detem1ines the Letter
of Credit may be canceled.

EXHIBIT 2
STKN-18
1253
Exhibit 4 Exhibit 4
EXHIBIT 2
STKN-18
1254

Final

STOCKTON DELTA WATER SUPPLY PROJECT
Larval Smelt Entrainment Risk Analysis 2011-2021
Prepared for July 2023
City of Stockton
ry ESA
Final

STOCKTON DELTA WATER SUPPLY PROJECT
Larval Smelt Entrainment Risk Analysis 2011-2021
Prepared for July 2023
City of Stockton
EXHIBIT 2
STKN-18
1255
EXHIBIT 2
STKN-18
1256
Final

STOCKTON DELTA WATER SUPPLY PROJECT
Larval Smelt Entrainment Risk Analysis 2011-2021
Prepared for July 2023
City of Stockton
2600 Capitol Avenue
Suite 200
Sacramento, CA 95816
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OUR COMMITMENT TO SUSTAINABILITY | ESA helps a variety of public and private sector clients plan and prepare for climate change and emerging regulations that limit GHG emissions. ESA is a registered assessor with the California Climate Action Registry, a Climate Leader, and founding reporter for the Climate Registry. ESA is also a corporate member of the U.S. Green Building Council and the Business Council on Climate Change (BC3). Internally, ESA has adopted a Sustainability Vision and Policy Statement and a plan to reduce waste and energy within our operations. This document was produced using recycled paper.

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Stockton Delta Water Supply Project i ESA / D202200643.00 Larval Smelt Entrainment Risk Evaluation 2011-2021 July 2023

TABLE OF CONTENTS
Stockton Delta Water Supply Project
Larval Smelt Entrainment Risk Analysis 2011-2021
Page
Introduction ........................................................................................................................... 1 Purpose .................................................................................................................................. 2 Background ........................................................................................................................... 3 Methods ................................................................................................................................. 5 Interagency Ecological Program Fish Monitoring Studies .............................................. 5 Analytical Approach ....................................................................................................... 7 Results ................................................................................................................................... 9 Summary of Findings ......................................................................................................... 12 Fish Screen Mesh Size ................................................................................................ 12 Reduced Approach Velocities ...................................................................................... 12 Curtailment and Reduced Pumping Periods ................................................................ 12 Conclusions ........................................................................................................................ 12 Entrainment Monitoring ................................................................................................ 12 Operational Periods ..................................................................................................... 13 References ........................................................................................................................... 13 List of Figures
Figure 1 Map of the sampled stations within 10km of the DWSP Intake Structure (yellow star at center). .......................................................................................... 9 Figure 2 Mean annual delta smelt catch within 10km of the intake facility for each size class as a percentage of the annual total catch within the Delta. ................ 10 Figure 3 Mean annual longfin smelt catch within 10km of the intake facility for each size class as a percentage of the annual total catch within the Delta. ................ 10 List of Tables
Table 1 Sacramento – San Joaquin Delta Fish Monitoring Surveys ..................................... 4 Table 2 Total Catch and Mean Percent of Annual Catch in the Vicinity of the DWSP Intake During Each Operational Phase ............................................................... 11 EXHIBIT 2
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Stockton Delta Water Supply Project ii ESA / D202200643.00 Larval Smelt Entrainment Risk Evaluation 2011-2021 June 2023 Appendices
A. Survey Stations Included in Analysis ..........................................................................A-1 B. Yearly Smelt Catch 2011 - 2021 ................................................................................B-1 EXHIBIT 2
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Stockton Delta Water Supply Project 1 ESA / D202200643.00 Larval Smelt Entrainment Risk Evaluation 2011-2021 July 2023

STOCKTON DELTA WATER SUPPLY PROJECT
Larval Smelt Entrainment Risk Analysis 2011-2021
Introduction
The City of Stockton (City) received an Incidental Take Permit (ITP) issued by the California Department of Fish and Wildlife (CDFW) in 2009 and Biological Opinions (BOs) from the National Marine Fisheries Service (NMFS) in 2006 and U.S. Fish and Wildlife Service (USFWS) in 2007 for the City’s Delta Water Supply Project (DWSP). The City completed construction and commenced operation of a screened intake structure located on the lower San Joaquin River as part of the DWSP in 2012.

The intake was designed and constructed in accordance with CDFW, and NMFS fish screening criteria (NMFS 1996; CDFW 2000) and regulatory permit requirements. The intake screen (screen) is designed to effectively exclude juvenile and adult fish inhabiting the Delta but not completely exclude fish eggs and larvae (Normandeau Associates, Inc. 2009). The screen is designed to have an approach velocity equal to or less than 0.2 feet per second (fps). Tuning vanes behind the screen allow for adjustment of the approach velocity to equalize flow patterns across the face of the screen and to minimize any “hot” spots which may occur. The screen is designed to have openings no more than 1.75 millimeters (mm) wide to exclude juvenile and larger fish from being entrained into the intake and diversion. The screen is approximately 50.83 ft by 14.75 ft leading to a surface area of 749.74 square feet. At the permitted maximum diversion rate of 46.4 cubic feet per second (cfs), the constructed screen approach velocity is 0.062 fps, or 31% of the maximum 0.2 fps fish screening criteria. Operations are seasonally reduced to minimize entrainment of delta and longfin smelt. The reduced operational limit of 24 cfs leads to an approach velocity of 0.03 fps, or 15% of the maximum 0.2 fps fish screening criteria.

The ITP and BOs issued for the construction and operation of the intake include a range of design and operational conditions intended to reduce incidental take of listed species. In addition, the ITP and BOs included two specific requirements for fish monitoring:

1. NMFS BO: Conduct pre-operational and post-operational surveys in the area of the intake prior to and after one year of operation to characterize the predator population surrounding the intake structure (Predator Survey). Results of the predator surveys are presented in Environmental Science Associates (2012a and 2014); and

2. CDFW ITP and USFWS BO: Develop and implement a plan to monitor and quantify entrainment of delta and longfin smelt and other covered fish through the screened intake and assess the effectiveness of the proposed period of curtailment and reduced diversions on reducing the risk of entrainment of larval smelt too small to be excluded by the screen.

Results of the first year smelt surveys are presented in Environmental Science Associates (2012b).

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Stockton Delta Water Supply Project 2 ESA / D202200643.00 Larval Smelt Entrainment Risk Evaluation 2011-2021 July 2023 Additionally, condition 19 of Water Right Permit 21176 for Diversion and Use of Water requires development and implementation of a similar yearly monitoring plan for larval delta smelt conducted between February 15 and July 31.

The City and its consultants coordinated with USFWS and CDFW on the development of a study plan (Larval Smelt Surveys) to meet these conditions. During a coordination meeting held on April 27, 2012, it was noted that the fish agencies (i.e., CDFW, NMFS, USFWS) requested the City to analyze and summarize existing data, including data from other intakes (i.e., Contra Costa Water District [CCWD] Old River intake), and that entrainment monitoring behind the DWSP screen would not be required. It was also requested that the study plan evaluate if curtailment windows and percentages of curtailment are effective. The study plan was submitted to the fish agencies for review and implemented in 2012 (ESA 2012b).

The report concluded that, based on results of the extensive fishery monitoring conducted to evaluate the performance of the CCWD Old River intake screen in excluding larval and juvenile fish from entrainment into the diversion, the DWSP fish screen is effective in reducing and avoiding entrainment of larval and juvenile fish. Further, the report found that, based on results of CDFW larval and juvenile smelt seasonal distribution data, it was recommended that consideration be given to revising the seasonal periods for reduced diversion operations by the DWSP project. Recommended revisions to the seasonal diversion operations included eliminating the reduced diversion period from May 21 through June 15 and extending the reduced diversion period from January 1 through February 15. Additional years of monitoring were not conducted.

Therefore, the following report provides an updated analysis of historical data from 2011 through 2021; conducted to fulfill the monitoring requirement in the CDFW ITP, USFWS BO, and condition 19 of Permit 21176. This analysis followed similar methods used for the 2012 analysis and report, relying on existing data. Specifically, the multi-agency Interagency Ecological Program (IEP) has been collecting standardized data at multiple sample sites close (<10km) to the DWSP intake for the period of interest and the currently available datasets were determined to be adequate for this analysis.

Purpose
The purpose and objective of this analysis is to analyze the risk of larval and early juvenile smelt entrainment at the Stockton DWSP intake to satisfy the requirement for annual monitoring stipulated within the ITP and Permit 21176 and includes:
 evaluation of the potential for entrainment of delta smelt and other protected fish species (e.g., longfin smelt larvae) during operation of the intake;  evaluation of the effectiveness of the proposed curtailment and reduced pumping periods identified in the ITP and BOs
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Stockton Delta Water Supply Project 3 ESA / D202200643.00 Larval Smelt Entrainment Risk Evaluation 2011-2021 June 2023 Background
The fish screen for the DWSP intake was designed and constructed to meet current fish screen criteria for Delta applications similar to several other protective fish screens that are currently in operation in the Delta. The DWSP fish screen operates at no more than 31% of the maximum approach velocity of current established fish screen criteria . The protectiveness of such screens has been established through ongoing entrainment monitoring programs associated with other fish screens in the Delta. A previous review of fishery monitoring results from the Contra Costa Water District (CCWD) Old River intake, which is similar in design and operation to the DWSP intake, evaluated existing monitoring data to determine the effectiveness of the intake screen design in excluding larval and early lifestages of delta and longfin smelt, juvenile Chinook salmon and steelhead, and other fish from entrainment into the diversion (Environmental Science Associates 2012b). This analysis concluded that the CCWD fish screen, and therefore the DWSP, is effective at reducing and avoiding entrainment of larval and juvenile fish and this is further enhanced at the DWSP by the seasonal reductions of diversion operations.

Results of previous fishery monitoring conducted by CDFW and USFWS in the lower San Joaquin River and Delta have shown that both longfin and delta smelt inhabit the area in the vicinity of the DWSP intake structure seasonally and would potentially be vulnerable to entrainment losses from an unscreened or improperly screened intake (Environmental Science Associates 2012b; Bashevkin et al. 2022). The DWSP intake includes both physical features (a fish screen), operational limits (reduced approach velocities), and constraints (curtailment and reduced pumping periods) that have been specifically developed to avoid and/or minimize entrainment of larval and early juvenile delta and longfin smelt that are too small to be effectively excluded by the screen. Project specific permits and approvals currently require that pumping rates shall not exceed 24 cubic feet per second (cfs) during the periods from February 15 to March 15 and from May 21 through June 15 and that all water diversions cease during the period from March 15 through May 20. These are periods of the year when larval and early juvenile lifestages of both longfin and delta smelt are potentially present in the vicinity of the intake and would potentially be vulnerable to entrainment.

Data from eight1
different fish monitoring surveys conducted in the Delta, including in the vicinity of the DWSP intake, from 2011-2021 were used to assess the effectiveness of these periods of reduced diversion operations in protecting larval delta and longfin smelt from entrainment (Bashevkin et al. 2022). The surveys contained within the selected dataset, their governing agency, and their temporal coverage are shown in Table 1. 1 Although data from a ninth study, the Suisun Marsh Study, was included within the original dataset, this data was excluded from current analyses due to its distance from the study area.

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Stockton Delta Water Supply Project 4 ESA / D202200643.00 Larval Smelt Entrainment Risk Evaluation 2011-2021 July 2023 TABLE 1
SACRAMENTO – SAN JOAQUIN DELTA FISH MONITORING SURVEYS
Survey Name Abbreviation
Temporal Coverage
of Surveys
Years of
Analysis for this
Report
Mean Captured Length
of Smelt
(Min – Max) (mm)
CDFW
Bay Study BS 1980 – 2021 2011 – 2021 66 (15 – 203)
Fall Midwater Trawl FMWT 1967 – 2021 2011 – 2021 69 (15 – 282) 20mm Trawl Survey 20mm 1995 – 2021 2011 – 2021 21 (3 – 183) Spring Kodiak Trawl Survey SKT 2002 – 2021 2011 – 2021 63 (15 – 135) Summer Townet STN 1959 - 2021 2011 – 2021 39 (7 – 141)
Smelt Larva Survey SLS 2009 – 2021 2011 – 2021 8 (4 – 80) USFWS
Delta Juvenile Fish
Monitoring Program
DJFMP 1976 – 2019 2011 – 2021 70 (8 – 210)
San Francisco Estuary
Enhanced delta smelt
Monitoring Program
EDSM 2016 – 2021 2011 – 2021 43 (6.1 – 132)
SOURCE: ESA 2023
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Stockton Delta Water Supply Project 5 ESA / D202200643.00 Larval Smelt Entrainment Risk Evaluation 2011-2021 June 2023 Methods
Interagency Ecological Program Fish Monitoring Studies
As part of the Interagency Ecological Program (IEP), multiple agencies have been involved with fish monitoring efforts within the Delta, leading to nine ongoing monitoring studies, eight of which have stations within 10km of the DWSP. These study data were collected using different methods briefly outlined below, with method descriptions taken from the respective data sources.

Bay Study
The Bay Study was initiated in 1980 with the intent of determining the effects of freshwater outflow on the abundance and distribution of fish and invertebrates in the San Francisco Estuary (Estuary). From 2011 to 2021 only midwater trawls (sampling primarily pelagic organisms) and otter trawls (sampling primarily benthic organisms) were conducted, generally from January to December of each year at 52 stations2, 1 of which occurs within 10km of the DWSP.

The otter trawl has a 4.9 meter (m) headrope, a 2.5 centimeter (cm) stretch mesh body, and a

1.3cm stretch mesh cod-end. The otter trawl is deployed with a 5:1 scope to keep the trawl on the bottom and towed for five minutes against the current. The assumed door spread of the trawl was

2.4m (70% of 3.4m maximum spread).

The midwater trawl has a mouth opening of 3.7m2
, which is slightly reduced under tow. The
mesh of the midwater trawl net is graduated in 9 sections from 20.3 cm stretch mesh at the mouth to 1.3cm at the cod-end. A 5:1 scope was also used to deploy the midwater trawl. The midwater trawl was towed for approximately 12 minutes and then retrieved obliquely to sample the entire water column. Further information about the Bay Study methods can be found in Baxter et al. (1999).

Fall Midwater Trawl
The Fall Midwater Trawl study (FMWT) was initiated in 1967, specifically targeting age-0 Striped Bass (Morone saxitilis) in the Estuary. delta smelt and longfin smelt have been captured during surveys. The FMWT samples 122 stations each month from September to December, seven of these stations are within 10km of the DWSP.

The midwater trawl has a mouth opening of 3.7m2
, which is slightly reduced under tow. The
mesh of the midwater trawl net is graduated in 9 sections from 20.3 cm stretch mesh at the mouth to 1.3cm at the cod-end. A 5:1 scope was also used to deploy the midwater trawl. The midwater trawl is retrieved obliquely to sample the entire water column, according to a tow schedule which is dependent on depth. Further information about the Fall Midwater Trawl methods and activities can be found in the most recent FMWT summary reports (White 2020, 2021, 2022). 2 Not all Stations were sampled in all years
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Stockton Delta Water Supply Project 6 ESA / D202200643.00 Larval Smelt Entrainment Risk Evaluation 2011-2021 July 2023 20mm Trawl Survey
The 20mm Trawl Survey, or “20mm”, was initiated in 1995 to monitor the distribution and abundance of post-larval and juvenile delta smelt. The 20mm survey currently samples 47 stations at fixed locations from San Pablo Bay through Suisun Bay and into the Sacramento-San Joaquin River Delta every other week from March to July. During high outflow years, 5 additional stations are sampled in San Pablo Bay to provide greater spatial coverage of potential delta smelt habitat. At each station, three 10-minute stepped oblique tows are conducted for fish.

Each stepped oblique tow follows a tow schedule to sample the entire water column, and the volume of water sampled is estimated using a General Oceanics flowmeter. The net is a cone shaped plankton net composed of 1600μm mesh and measuring 5.5 meters in length with a mouth area of 1.51m2
lashed onto a rigid D-frame with skis. Additional information and data from the 20mm survey is found in IEP et al. (2021a).

Spring Kodiak Trawl Survey
The Spring Kodiak Trawl Survey (SKT) was initiated in 2002 to improve the detection of adult delta smelt as an extension of the Fall Midwater Trawl Survey. The SKT operates 6 monthly surveys from December through May each lasting 4-5 days in length. Each survey, 40 stations are sampled using a standard 10 minute Kodiak trawl. The trawl net has a total length of 19.8m and a fully expanded mouth opening of 7.6m by 1.8m. The net mesh is graduated in size from 5cm knotted stretched mesh at the mouth and decreasing by 1.3cm through a series of 5 panels to a minimum 0.6cm knotless stretched mesh at the cod-end. Additional information and data is found in IEP et al. (2021b).

Summer Townet
The Summer Townet (STN) survey was initiated in 1959 to determine relative distribution and abundance age-0 Striped Bass in the Delta. As with the FMWT, Delta and longfin smelt are both captured during STN Surveys. The STN samples 41 stations throughout the Delta, with 4 stations occurring within 10km of the DWSP. Beginning in 2003, CDFW standardized sampling to 6 surveys annually, starting in early June and running on alternate weeks through August. Two 10 minute stepped oblique tows are performed at each station. The townet has two sections; the first is made of 1.3cm stretched knotted mesh 1.8m long, tapering down to an additional 0.6m "fyke".

This "fyke" fits entirely within the second section, a 2.7m section of woven mesh with approximately 8 holes per 2.5cm. The entire net measures approximately 4.6m in total, and is lashed directly to a fixed metal "D" frame. The "D" frame is in turn mounted on a 10kg sled.

Additional information can be found in the latest STN Survey reports (Malinich 2021, 2023).

Smelt Larva Survey
The Smelt Larva Survey (SLS) was initiated by CDFW in 2009 to monitor the distribution and abundance of newly-hatched longfin smelt in the San Francisco Estuary. Surveys are conducted bi-weekly and sampling begins early January and continues through March. The surveys sample at fixed stations, from Carquinez Strait through Suisun Bay and into the Sacramento-San Joaquin River Delta. Each survey consists of 44 stations, four of which occur within 10km of the DWSP.

At each station, one 10 minute stepped-oblique (bottom to top) tow is made following a EXHIBIT 2
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Stockton Delta Water Supply Project 7 ESA / D202200643.00 Larval Smelt Entrainment Risk Evaluation 2011-2021 June 2023 prescribed tow schedule. The net is a conical 505µm mesh lashed to a D shaped frame mounted on skis. Further information can be found in IEP et al. (2022).

Delta Juvenile Fish Monitoring Program
The Delta Juvenile Fish Monitoring Program (DJFMP) was initiated in 1976 to monitor the distribution and abundance of juvenile Chinook Salmon (Oncorhynchus tshawytscha) and other fish species within the Estuary. Currently the DJFMP consists of three trawl stations and 58 beach seine stations, sampled weekly or biweekly. Trawl samples consist of either ten 20-mintue Kodiak or midwater trawls between 7am and 1pm at all stations.

The mesh of the midwater trawl net is graduated in 6 sections from 20.3 cm stretch mesh at the mouth to 0.6cm before the cod-end, the cod-end is 0.3cm mesh. The maximum mouth opening of the net is 4.15m x 5m. The midwater trawl is retrieved obliquely to sample the entire water column, according to a tow schedule which is dependent on depth. Further information about the DJFMP can be found at
https://www.fws.gov/lodi/juvenile_fish_monitoring_program/jfmp_index.htm.

Enhanced Delta Smelt Survey
The Enhanced delta smelt Monitoring Program (EDSM) was initiated by the U.S. Fish and Wildlife Service in 2016, and is focused on providing data on delta smelt distribution and abundance in near-real-time to managers and decision-makers. Sampling is done year-round via Kodiak and 20mm trawls. Stations are chosen via stratified random sampling. Over the course of a week, field crews sample between 18 and 41 random sites. A minimum of two tows are conducted at each site. The Kodiak and 20mm gear used in the EDSM are comparable to the Kodiak and 20mm gear described above. Further information and data from the EDSM can be found in USFWS et al. (2021).

Analytical Approach
Data from the above eight surveys was retrieved from Bashevkin et al. (2022) using code supplied by the repository within R (R Core Team 2021). The data were first filtered to include only those surveys with:

1. longfin or delta smelt data,

2. collected between 2011 and 2021, and

3. at stations located within 10km of the intake facility A 10km boundary (or buffer) was established based on the previous work in ESA (2012b) which identified 3 stations for their analysis with a maximum distance of ~10km.

A total of 163 unique stations in the Lower San Joaquin River occurred within 10km of the DWSP intake structure. A table of each station, the survey(s) conducted, and the years of each survey (from 2011 – 2021) are found in Appendix A. Once the data were filtered, the data were plotted to visually compare the spatial distribution of smelt observations within 10km of the intake facility.

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Stockton Delta Water Supply Project 8 ESA / D202200643.00 Larval Smelt Entrainment Risk Evaluation 2011-2021 July 2023 Smelt data was divided by length size classes (<20mm and ≥20mm) based on findings on the susceptibility of delta smelt entrainment through a 1.75mm mesh opening from Appendix 6.A of the Biological Assessment for the California Waterfix (ICF International 2016).

Finally, the temporal distribution of smelt observations was analyzed. The total catch of each size class for each species was added together within 7 day periods (week) within each year. This was then divided by the total annual catch for that species and size class for the entire Delta, to derive the percent of total annual catch for each week of each year. Individual plots for each year are provided in Appendix B. This value was then averaged by week to derive a mean percent of total annual catch for each week. This temporal occurrence was then overlaid on top of the operational period identified in the operating permits for reduced diversion rates (February 15 – March 15 and May 21 – June 15) and curtailment of diversions (March 15 – May 20) at the DWSP intake.

The relative percentage of each size class smelt which occurred outside of the reduced or curtailed operations periods were calculated by dividing the total catch of each species which occurred within each period (February 15 – March 15 (Reduced), March 16 – May 20 (Curtailed), May 21 – June 15 (Reduced), June 16 – February 14(Normal) by the total catch of each species for the entire period January to December.

SOURCE: ESA 2023 Stockton Delta Water Supply – Larval Smelt 2011-2021 EXHIBIT 2
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Stockton Delta Water Supply Project 9 ESA / D202200643.00 Larval Smelt Entrainment Risk Evaluation 2011-2021 June 2023 Results
Of the 163 stations sampled from 2011 – 2021, 44 station surveys detected smelt (Figure 1).

Temporal detection data from January through June are presented for delta smelt and longfin smelt in Figures 2 and 3, respectively. The presented percentage is the mean of the percent of each year’s total catch for each species and size class caught within 10km of the intake facility.

These composite data approximate the general spatial and temporal distribution of smelt in the vicinity of the intake.

SOURCE: ESA 2023 Stockton Delta Water Supply – Larval Smelt 2011-2021 Figure 1
Map of the sampled stations within 10km of the DWSP Intake Structure (yellow star at center). Small x’s mark samples at stations with 0 smelt observations in the last 10 years, colored circled represent samples at stations with at least 1 smelt (Delta or Longfin) observation.

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Stockton Delta Water Supply Project 10 ESA / D202200643.00 Larval Smelt Entrainment Risk Evaluation 2011-2021 July 2023 SOURCE: ESA 2023 Figure 2
Mean annual delta smelt catch within 10km of the intake facility for each size class as a percentage of the annual total catch within the Delta. Yellow areas indicate current periods of reduced pumping (24 cfs) and red areas indicate periods of pumping curtailment.

SOURCE: ESA 2023 Figure 3
Mean annual longfin smelt catch within 10km of the intake facility for each size class as a percentage of the annual total catch within the Delta. Yellow areas indicate current periods of reduced pumping (24 cfs) and red areas indicate periods of pumping curtailment.

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Stockton Delta Water Supply Project 11 ESA / D202200643.00 Larval Smelt Entrainment Risk Evaluation 2011-2021 June 2023 The total number of individuals caught between 2011 and 2021 within 10km of the intake facility for each operational period are presented in Table 2 alongside the average annual percentage of the total Delta catch within each period.

TABLE 2

TOTAL CATCH AND MEAN PERCENT OF ANNUAL CATCH IN THE VICINITY OF THE DWSP INTAKE DURING EACH

OPERATIONAL PHASE
Total Catch
(2011 – 2021)
Operational Period Catch (Mean Annual % of Total Delta Catch) Jan 1 – Feb 14
Normal
Feb 15 – Mar 15
Reduced
Mar 15 – May 20
Curtailed
May 21 – Jun 15
Reduced
Jun 16 – Dec 31
Normal
Delta Smelt
<20mm 63 -- 2 (3.23%) 45 (2.99%) 16 (1.8%) --
≥20mm 33 11 (0.4%) 10 (0.18%) 5 (0.17%) -- 7 (0.42%)
Longfin Smelt
<20mm 247 64 (0.11%) 151 (0.12%) 32 (0.13%) -- --
≥20mm 2 -- 2 (0.04%) -- -- --
SOURCE: ESA 2023
Catch data show that the reduced diversion period (February 15 – June 15) is inclusive of delta smelt presence within the vicinity of the intake for fish small enough to be entrained (<20mm).

While the reduced period does not cover the winter period (Dec-Jan) of elevated presence of larger delta smelt (≥20mm), these fish are large enough to be physically excluded and therefore represent a lower risk of entrainment. However, longfin smelt <20mm do appear within the vicinity as early as January, before pumping restrictions are in effect (Figure 3 and Table 2).

These individuals would be more vulnerable to being entrained through the 1.75mm intake screen mesh given the higher intake rates.

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Stockton Delta Water Supply Project 12 ESA / D202200643.00 Larval Smelt Entrainment Risk Evaluation 2011-2021 July 2023 Summary of Findings
The DWSP intake includes both physical features (a fish screen), operational limits (reduced approach velocities), and constraints (curtailment and reduced pumping periods) that have been specifically developed to avoid and/or minimize entrainment of larval and early juvenile delta and longfin smelt. Below is a summary of each of these features and an assessment of their protectiveness for larval smelt.

Fish Screen Mesh Size
Monitoring conducted at the nearby Contra Costa Water District (CCWD) Old River intake screen has shown the effectiveness of 2.4mm mesh at excluding larval fish as small as 10mm in length (Environmental Science Associates 2012b). The DWSP intake mesh is smaller (1.75mm) and therefore is expected to be as effective, if not more effective, at excluding larvae >10mm.

Reduced Approach Velocities
The DWSP fish screen is designed to have an approach velocity equal to or less than 0.2 feet per second (fps) (equating to a maximum diversion rate of 159 cfs) as required by CDFW and NMFS screening criteria to protect early life stages of delta smelt (NMFS 1996; CDFW 2000), and described in the DWSP ITP. However, the DWSP ITP further requires adherence to the reduced initial diversion rate for the project authorized under Water Rights Permit 21176, which equates to an approach velocity of less than 0.062 fps (31% of the maximum 0.2 fps), corresponding to a maximum diversion rate of 46.4 cfs. Protectiveness of larval fish is further improved by seasonal reductions in pumping operations, which reduces the approach velocity at the screen to 0.03 fps (maximum diversion rate of 24 cfs) during periods of smelt presence.

Curtailment and Reduced Pumping Periods
Catch data show that the reduced diversion period (February 15 – June 15) is inclusive of delta smelt presence within the vicinity of the intake for fish small enough to be entrained (<20mm) and likely effective at avoiding entrainment of delta smelt. Longfin smelt <20mm do appear within the vicinity as early as January, before pumping restrictions are in effect (Figure 3 and Table 2) and may be at higher risk of entertainment during January 1 – February 14 prior to reductions starting on February 15. However, when putting these early winter catches of larval longfin smelt in context of the overall delta population, the observed larval longfin smelt seen in the vicinity of the DWSP during January 1 – February 14 in years 2011-2021 only represents

0.11% of the total annual catch of larval longfin smelt captured in the entire Delta during that time.

Conclusions
Entrainment Monitoring
The previous recommendation made in ESA (2012b) was to not include entrainment monitoring at the DWSP intake facility due to extensive monitoring results demonstrating the effectiveness of the comparable CCWD fish screen at Old River in excluding larval and juvenile fish from entrainment. Given the protectiveness of the fish screen mesh size, the reduced approach EXHIBIT 2
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Stockton Delta Water Supply Project 13 ESA / D202200643.00 Larval Smelt Entrainment Risk Evaluation 2011-2021 June 2023 velocities at the fish screen, continued operational management to reduce impacts, and the presumed low population level impact (especially for longfin smelt), no changes to the recommendation are made at this time.

Operational Periods
As summarized above, the current reduction and curtailment periods are expected to be protective for delta smelt given that the time periods completely capture the timing of larval delta smelt presence in the vicinity of the DWSP intake. And while the timing of larval longfin smelt presence begins prior to the beginning of the reduction period in mid-February, the portion of the overall population of longfin smelt potentially exposed to the intake during this time is very small, estimated as 0.11%. Therefore, no changes to the operational periods are recommended at this time.

References
Bashevkin, S. M., J. W. Gaeta, T. X. Nguyen, L. Mitchell, and S. Khanna. 2022. Fish abundance in the San Francisco Estuary (1959-2021), an integration of 9 monitoring surveys.

Environmental Data Initiative.

Baxter, R., K. Hieb, S. DeLeon, K. Fleming, and J. Orsi. 1999. Report on the 1980-1995 fish, shrimp, and crab sampling in the San Francisco estuary, California. Page J. Orsi, editor.

Interagency Ecological Program for the Sacramento-San Joaquin Estuary, Sacramento.

CDFW (California Department of Fish and Wildlife). 2000. Exhibit A. Department of Fish and Game Fish Screening Criteria. Department of Fish and Game Bay Delta Region, Yountville, CA.

Environmental Science Associates. 2012a. Stockton Delta Water Supply - Intake Predation Report. Page 46. City of Stockton, Final Report, Sacramento, CA.

Environmental Science Associates. 2012b. Stockton Delta Water Supply: Fish Survey Report - Larval Smetl. Page 26. City of Stockton, Final Report, Sacramento, CA.

ICF International. 2016. Biological Assessment for the California Waterfix. Prepared for the United States Department of the Interior, Bureau of Reclamation, Sacramento, CA, ICF 00237.15., Sacramento, CA.

Interagency Ecological Program (IEP), L. Damon, and A. Chorazyczewski. 2021a. Interagency Ecological Program San Francisco Estuary 20mm Survey 1995 - 2021. Environmental Data Initiative.

Interagency Ecological Program (IEP), L. Damon, and A. Chorazyczewski. 2021b. Interagency Ecological Program San Francisco Estuary Spring Kodiak Trawl Survey 2002 - 2021.

Environmental Data Initiative.

Interagency Ecological Program (IEP), L. Damon, V. G. Mora, and J. A. Jimenez. 2022.

Interagency Ecological Program San Francisco Estuary Smelt Larva Survey 2009 – 2022.

Environmental Data Initiative.

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Larval Smelt Entrainment Risk Evaluation 2011-2021
Stockton Delta Water Supply Project 14 ESA / D202200643.00 Larval Smelt Entrainment Risk Evaluation 2011-2021 July 2023 Malinich, T. D. 2021. The Summer Townet Survey - 2021 Season Report. California Department of Fish and Wildlife, Bay Delta Region, End of Season Report, Stockton, CA.

Malinich, T. D. 2023. The Summer Townet Survey - 2022 Season Report. California Department of Fish and Wildlife, Bay Delta Region, End of Season Report, Stockton, CA.

NMFS (National Marine Fisheries Service). 1996. NMFS Juvenile Fish Screen Criteria for Pump Intakes Addendum. Environmental and Technical Services Division, Portland, OR.

Normandeau Associates, Inc. 2009. Biological performance of intake screen alternatives to reduce annual impingement mortality and entrainment at Merrimack Station.pdf. Page

56. Public Service of New Hampshire, Environmental Services, R-21351.001, New Hampshire.

R Core Team. 2021. R: A Language and Environment for Statistical Computing. R Foundation for Statistical Computing, Vienna, Austria.

United States Fish And Wildlife Service, T. Senegal, R. Mckenzie, J. Speegle, B. Perales, D.

Bridgman, K. Erly, S. Staiger, A. Arrambide, and M. Gilbert. 2021. Interagency Ecological Program and US Fish and Wildlife Service: San Francisco Estuary Enhanced Delta Smelt Monitoring Program data, 2016-2021. Environmental Data Initiative.

White, J. 2020. Fall Midwater Trawl Survey End of Season Report: 2020. California Department of Fish and Wildlife, Bay Delta Region, End of Season Report, Stockton, CA.

White, J. 2021. Fall Midwater Trawl Survey End of Season Report: 2021. California Department of Fish and Wildlife, Bay Delta Region, End of Season Report, Stockton, CA.

White, J. 2022. Fall Midwater Trawl Survey End of Season Report: 2022. California Department of Fish and Wildlife, Bay Delta Region, End of Season Report, Stockton, CA.

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Appendix A
Survey Stations Included in
Evaluation
ESA
Appendix A
Survey Stations Included in
Evaluation
ESA
Appendix A
Survey Stations Included in
Evaluation
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Appendix A. Survey Stations Included in Evaluation
A-1
TABLE A1
SAMPLING STATIONS AND STUDIES WITHIN 10KM OF DWSP INTAKE STRUCTURE Survey Station Temporal Coverage
815
20mm 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021 FMWT 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020 SKT 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021 SLS 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021 STN 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021 865 Bay Study 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020 904 FMWT 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020 905 FMWT 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020 906 20mm 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021 FMWT 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020 SKT 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021 SLS 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021 STN 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021 908 FMWT 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020 909 FMWT 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020 910 20mm 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021 FMWT 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020 SKT 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021 SLS 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021 STN 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021 919 20mm 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021 SKT 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021 SLS 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021 STN 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021 DS002S DJFMP 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020 DS01 EDSM 2017, 2018
DS02 EDSM 2018
DS101 EDSM 2017
DS103 EDSM 2017
DS104 EDSM 2017
DS202 EDSM 2017
DS203 EDSM 2017
DS204 EDSM 2017
DS51 EDSM 2017
DS53 EDSM 2017
HC01 EDSM 2017, 2018, 2019, 2020, 2021
HC02 EDSM 2018, 2019, 2020, 2021
HC101 EDSM 2017
HC102 EDSM 2017
HC103 EDSM 2017
HC104 EDSM 2017
HC105 EDSM 2017
HC203 EDSM 2017
HC206 EDSM 2017
HC51 EDSM 2017
HC52 EDSM 2017
HC53 EDSM 2017
HC54 EDSM 2017
HC55 EDSM 2017
MI01 EDSM 2017, 2018
MI02 EDSM 2017
MI101 EDSM 2017
MI104 EDSM 2017
MI105 EDSM 2017
MI106 EDSM 2017
MI108 EDSM 2017
MI203 EDSM 2017
MI205 EDSM 2017
MI208 EDSM 2017
MI210 EDSM 2017
MI212 EDSM 2017
MI52 EDSM 2017
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Appendix A. Survey Stations Included in Evaluation
A-2
Survey Station Temporal Coverage
MI59 EDSM 2017
MI60 EDSM 2017
MIW01 EDSM 2018, 2019, 2020, 2021
MIW02 EDSM 2018, 2019, 2020, 2021
MIW03 EDSM 2018, 2019, 2020
MIW04 EDSM 2018
MKR01 EDSM 2017, 2018
MKR02 EDSM 2017, 2018
MKR03 EDSM 2017
MKR101 EDSM 2017
MKR102 EDSM 2017
MKR104 EDSM 2017
MKR107 EDSM 2017
MKR202 EDSM 2017
MKR203 EDSM 2017
MKR205 EDSM 2017
MKR208 EDSM 2017
MKR212 EDSM 2017
MKR213 EDSM 2017
MKR215 EDSM 2017
MKR219 EDSM 2017
MKR52 EDSM 2017
MKR59 EDSM 2017
MKR60 EDSM 2017
PP01 EDSM 2016, 2017, 2018, 2019, 2020, 2021
PP02 EDSM 2016, 2017, 2018, 2019, 2020, 2021
PP03 EDSM 2016, 2017, 2018, 2019, 2020, 2021
PP04 EDSM 2016, 2019, 2020
PP05 EDSM 2020
PP06 EDSM 2016
PP07 EDSM 2016
PP08 EDSM 2016
PP09 EDSM 2016
PP10 EDSM 2016
PP101 EDSM 2017
PP102 EDSM 2017
PP103 EDSM 2017
PP104 EDSM 2017
PP105 EDSM 2017
PP106 EDSM 2017
PP107 EDSM 2017
PP11 EDSM 2016
PP110 EDSM 2017
PP111 EDSM 2017
PP112 EDSM 2017
PP113 EDSM 2017
PP114 EDSM 2017
PP115 EDSM 2017
PP116 EDSM 2017
PP117 EDSM 2017
PP119 EDSM 2017
PP13 EDSM 2016
PP14 EDSM 2016
PP17 EDSM 2017
PP19 EDSM 2017
PP20 EDSM 2017
PP202 EDSM 2017
PP203 EDSM 2017
PP204 EDSM 2017
PP207 EDSM 2017
PP208 EDSM 2017
PP209 EDSM 2017
PP21 EDSM 2017
PP210 EDSM 2017
PP211 EDSM 2017
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Appendix A. Survey Stations Included in Evaluation
A-3
Survey Station Temporal Coverage
PP22 EDSM 2017
PP23 EDSM 2017
PP24 EDSM 2017
PP25 EDSM 2017
PP26 EDSM 2017
PP27 EDSM 2017
PP52 EDSM 2017
PP53 EDSM 2017
PP55 EDSM 2017
PP57 EDSM 2017
PP58 EDSM 2017
PP59 EDSM 2017
PP60 EDSM 2017
PP61 EDSM 2017
PP63 EDSM 2017
PP64 EDSM 2017
PP65 EDSM 2017
PP67 EDSM 2017
PP68 EDSM 2017
PP69 EDSM 2017
PP70 EDSM 2017
PP71 EDSM 2017
PP72 EDSM 2017
PP73 EDSM 2017
PP75 EDSM 2017
PP77 EDSM 2017
PP78 EDSM 2017
SJ026S DJFMP 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020 SJ032S DJFMP 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020 SJS01 EDSM 2017, 2018
SJS102 EDSM 2017
SJS201 EDSM 2017
SJS202 EDSM 2017
SJS204 EDSM 2017
SJS51 EDSM 2017
SJS57 EDSM 2017
SOURCE: EDI 2022, ESA 2023
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Appendix B
Yearly Smelt Catch 2011 - 2021
ESA
Appendix B
Yearly Smelt Catch 2011 - 2021
ESA
Appendix B
Yearly Smelt Catch 2011 - 2021
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Appendix B. Yearly Smelt Catch 2011 - 2021
Total Catch
Delta Smelt 2011 Longfin Smelt 2011
404
304
SizeClass s SizeClass
2 204 || 220mm 2 | < 20mm F
104 |
a | , |
B-1
Appendix B. Yearly Smelt Catch 2011 - 2021
B-1
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Appendix B. Yearly Smelt Catch 2011 - 2021

Delta Smelt 2012 Longfin Smelt 2012
154 407
304
104
s SizeClass £ SizeClass
8 Bs 1S) < [S) 4 < 3 i 20mm Tas i 20mm
i i 220mm - || = 20mm
54 o | | | | / o4 | lL. .
% % % % % tb % Yt Ww % % Cy ta, % % % ty % My Uy Ye Be % “0, *o, 0, 0, %o, 0, °, ~o, °0, oO %o, °o, “o, “o, “0, °o, °0, %o, O, “0, Oo, %0, oO O, 0, “0, Delta Smelt 2013 Longfin Smelt 2013
154 404
304
SizeClass
i < 20mm
SizeClass
204 | < 20mm i 220mm
54 | 104

0. i | il of . k |
Total Catch Total Catch
©. wv za y
% OO “S& Hi % % %, %, Ko, ‘ % % “S& % ~% %

0, 0, “0, "0, 0, 0, 07 0, 0, 0, 0, Oz

Appendix B. Yearly Smelt Catch 2011 - 2021
B-2
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Appendix B. Yearly Smelt Catch 2011 - 2021
Total Catch Total Catch

Delta Smelt 2014 Longfin Smelt 2014
154 404
304
104
SizeClass < . oO 2 SizeClass
<20mm 2 204 B DN) < 20mm i 220mm F
54 104 |
7 fl ul | | re
bh & % &% & & & & 4&4 YF & Q a 4&4 & 6 & & & & & & & F& %, %, ey, Y K ie Ss) G, ©, O, © y is) %, %, %, Y % (7; S) 3) “o, “0, So, 0, %0, 0, “a, *o, 0, 0; %o, 0, “a, “o, “0, “0, 0, *o, “0, "a, *o, %0, Or So, 0, “a, Delta Smelt 2015 Longfin Smelt 2015
404
304

2. gs . SizeClass 2 SizeClass
© 204 DY = 20mm E DN) < 20mm
104
i 0 = = io
“2 > ©& SF & & & 4&4 & 4, &, Q % 2 & & & F ye Y 4 8 ey, th, % iS) ca) %G, ©, C) g %, %, %, Y %“ % 9 )

%o, *o, % 20, 80, ‘0, *o, Ho, 2, 0, OQ, 0, %, 0, %o, “0, Ko, te 20, 6, 2, 0, *o, 0, 20, OQ, 0, o, %o, Appendix B. Yearly Smelt Catch 2011 - 2021
B-3
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Appendix B. Yearly Smelt Catch 2011 - 2021
Total Catch
Delta Smelt 2016 Longfin Smelt 2016
154 40 4
304
104
s SizeClass £ . g 2 SizeClass
° i <20mm~ ° 204 g 5 BD < 20mm F i 220mm F
5 104

0. cy | of ii
Ww % % xs & 4, %, % % 4 &. Q %, 2 % 4s %, 4 %, % % 4 8. %, %, ey, Y K ie Ss) G, ©, O, © is) %, %, %, Y % (7; S) %o, *o, % 20, 6, 2, *o, *o, a 20, ‘0, 0, Oo %o, “0, *o, ial 0, 20, 6, 2, 0, *o, O, 20, Oy 0, 0, “0, Delta Smelt 2017 Longfin Smelt 2017
154 40 4
304
104

2. gs . SizeClass 2 SizeClass
© 204 I > 20mm g I) 20mm
5 104
of o4 =
bh & %& %&% & & &® & & Y & oa %&*§ 2&2 & & & & & & & & & 2 %, th % iS) ) ©, O, © is) %, %, %, Y th, ie Ss) %G,

%o, Ko, % 20, 80, ‘0, *o, 0, 20, Oy 0, %, 0, %o, “0, ho, 8, 0, 6, 2, *o, *o, 0, 20, 0, 0, %o, “0, Appendix B. Yearly Smelt Catch 2011 - 2021
B-4
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Appendix B. Yearly Smelt Catch 2011 - 2021
Total Catch Total Catch

Delta Smelt 2018 Longfin Smelt 2018
154 407
304
104 x P |
4G 8 SizeClass oP 2 204 O g < 20mm W . 54
104
04 04
Q % 4 %, x %, % % 4 & Q % S%, %& 4 &, % % 4 &. & ©) C) » % , %, %, % %K % S) on & o) % y 2, o) %, %“% % g co) “0, Xo, %, °0, ‘0, "0, 4 %o, ‘0, 0, Go, 0, “0, “0, *o, 0, 7% *o, %o, ‘0, Oy %o, 20, “o, Delta Smelt 2019 Longfin Smelt 2019
154 407
304
104
cx s oo A 5 A cP 2 204 oP x
°° ce) F WO
54 104
04 04
2 % 4 %, 4, %, % % 4 &. Q %, % 4s ty, 4 %, % % 4 8. & ‘, e ® % %3, 0, %, % K % iS) & X ©, @ Y, % 3, 2, 3, %, KX 7; 9 on

“0, a, Oo, 0, 0, o, O, % So, 0, “0, “o, “0, oy oO, % %, “ao, oO, C0, 0, “Oy Appendix B. Yearly Smelt Catch 2011 - 2021
B-5
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Appendix B. Yearly Smelt Catch 2011 - 2021

Delta Smelt 2020 Longfin Smelt 2020
154 404
304
104
cat x . 2 «oe 2 SizeClass g ios 2 20; g G g < 20mm " yw ° 5 104
07 o4 a =
2 % a & 4, ty % % 4 8 4, 4 %&% & & & & & YF & ) ©) ) on % % S, Gp, %“ % S) on ro) o) %, %, % % % %, % % g O “o, “0, %o, 0, ‘0, 0, “O, Oy 0, Oo 0, "0, “0, *o, 0, 90, “0, “0, “%o, 70, “ 80, 0, “o, Delta Smelt 2021 Longfin Smelt 2021
154 404
304
104
cat § <oe x . 8 SizeClass ° p> © 204 g G g < 20mm " vw . 5 104
. 5 |
2 % a & 4, ty % % 4 8 4, 4 %&% & & & & & YF & ) ©) ) on % %, S, % %“ % S) co) ro) o) , %, %, % 2, % %, % % g O

“o, “0, %o, 0, ‘0, 0, “O, Oy O, Oo 0, "0, “ao, “0, “0, %, %o, “0, “a “%o, 70, “ 80, 0, “a, Appendix B. Yearly Smelt Catch 2011 - 2021
B-6
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Exhibit 5 Exhibit 5
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memorandum
date December 24, 2025
to Benjamin Huffer, CDFW
cc Travis Small, City of Stockton;
Brenda Blinn, CDFW;
Mel Lytle, City of Stockton;
Kelley Taber, Somach Simmons & Dunn
Robert Granberg, Granberg & Associates, Inc
Chris Fitzer, Environmental Science Associates
from Taylor Spaulding, Environmental Science Associates subject RE: ADMINISTRATIVE DRAFT: ITP 2081-2024-058-03 (Stockton Delta Water Supply Project)
Dear Mr. Huffer,
Environmental Science Associates (ESA), on behalf of the City of Stockton (City), has reviewed the Administrative Draft Incidental Take Permit (Draft ITP; Permit No. 2081-2024-058-03) for the Stockton Delta Water Supply Project (DWSP). We appreciate the effort invested in preparing the Draft ITP; however, we have significant concerns regarding the scientific basis for the effects conclusions and the justification for the associated mitigation requirements. As currently drafted, the ITP does not demonstrate a defensible nexus between the project’s minimal impacts and the scale of mitigation prescribed, nor does it acknowledge mitigation already in place to address operational impacts for the permitted 30 mgd project diversion. Specific concerns are summarized below:

Insufficient Effects Analysis
The effects characterization in the Draft ITP is almost entirely qualitative and does not include a meaningful quantitative evaluation of the effects of diversion operations on listed species or their habitat.

In the absence of a defensible analytical foundation, the magnitude of effects asserted in the Draft ITP remains unsupported, and the resulting mitigation requirements lack proportionality to actual project risk.

We request that the ITP be revised to include appropriate scientific justification, including a quantitative assessment of take risk, to support any proposed mitigation measures.

Outsized Mitigation Requirements
The City believes that the mitigation requirements included in the Draft ITP are substantially disproportionate to the actual impacts of DWSP operations, based on several key considerations summarized below.

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Area of Influence
The Draft ITP relies on a 10-kilometer area of influence around the intake facilities, derived from the ITP application’s use of a 10-kilometer radius in the entrainment risk analysis. This spatial extent substantially overstates the scale at which potential aquatic effects could reasonably occur.

The 10-kilometer extent used in the City’s entrainment risk analysis was selected to maintain consistency with the original 2009 ITP analysis and to encompass Interagency Ecological Program (IEP) monitoring locations with detections of Delta Smelt and Longfin Smelt, given the extreme rarity of these species in the area and the spacing of available monitoring stations. It was not intended to represent the expected biological area of effect or the hydrodynamic footprint of the facility. In practice, the hydrodynamic influence of the facility, even at the maximum permitted diversion rate of 46.4 cubic feet per second (cfs), is expected to be confined to the immediate vicinity of the intake screen, likely on the order of less than 2 meters.

Hydraulic Influence
The Draft ITP does not adequately acknowledge the extremely small proportion of total, tidally driven discharge diverted at the intake location. A recent run of DSM2 by DWR calculated the average tidal discharge of the San Joaquin River at the site is approximately 13,658 cfs, while the facility’s maximum diversion rate is 46.4 cfs, representing roughly 0.3 percent of flow under peak diversion conditions. This level of hydrologic influence is well below what would be observable in the field and does not substantively alter water movement, fish distribution, or habitat conditions beyond the immediate vicinity of the intake screens. Additionally, during periods when Delta Smelt and Longfin Smelt are present within the area (late winter and early spring) flows are considerably higher and diversion rates considerably less under permit-curtailed diversions, representing even lower hydraulic influence. During the summer, when the Draft ITP assumes that diversion will potentially impact downstream water quality, because tidal discharge at the site during summer (June – August) remains ~13,658, the diversion rate continues to remain small enough (0.3 percent) that impacts would not realistically be observed and differentiated from the natural fluctuation in these factors.

Protective Design and Operation
The DWSP intake facilities were designed to accommodate higher future capacities that may be required as the City’s population increases; however, those higher capacities are neither currently needed nor permitted. As a result, the realized approach velocity at maximum diversion is approximately 0.062 feet per second (fps), or about 30 percent of the 0.2 fps approach velocity considered protective for Delta Smelt and Longfin Smelt. This conservative operational condition further reduces an already low entrainment risk and should be appropriately reflected in the effects analysis and mitigation rationale.

Summary of Mitigation Concerns
In summary, the City considers the Draft ITP’s mitigation requirements to be outsized relative to the actual risk posed to Delta Smelt and Longfin Smelt. The limited discussion of effects provided in the Draft ITP does not present sufficient evidence to support the magnitude of mitigation specified. The DWSP’s hydrologic and ecological effects are extremely small and highly localized, whereas the mitigation requirements appear to be scaled to a project with substantially greater impacts. Moreover, the EXHIBIT 2
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ITP does not reflect that as part of the original ITP permit condition (CDFW 2009), the City purchased a total of 5.96 acres of land acquisition credits to comply with Take Mitigation requirement 7.2. The required acreage included 0.96 acres to compensate for the permanent loss of 0.32 acres of shallow water habitat associated with construction activities and 5.0 acres to fully mitigate effects to Covered Species during Project operations. As described in the ITP permit (CDFW 2009), this determination was based on an assessment of timing and quantity of the aquatic species impacted by the Project and an evaluation of the potential ongoing impacts due to operation. The City’s position continues to be that the substantial mitigation land credits purchased under the original ITP (for operations that began less than 13 years ago), are protected in perpetuity, providing permanent protection for the species, and are not limited to 5 years (or any other permit duration) and thus should be sufficient to address ongoing operations Additional Concerns
The Draft ITP includes several General Provisions related to construction monitoring and terrestrial impacts that appear to be outside the scope of the proposed action, which is the continued operation of an existing facility. These provisions include requirements related to biological monitoring, erosion control, and project access routes, none of which are applicable given that the project does not involve new construction or ground-disturbing activities.

Additionally, under the Take Minimization Measures, the requirement for fish screen cleaning at fiveminute intervals would effectively result in continuous cleaning. This approach is energetically demanding and excessive based on observed fouling conditions at the DWSP and fails to acknowledge the sweeping effect of tidal action parallel to the screen. The City’s current screen cleaning program operates at intervals of once every 24 hours, with an additional manual cycle twice a week during inspections and has been sufficient to prevent debris accumulation that could affect hydrodynamics or increase entrainment risk for listed species
Request for Coordination
The City would appreciate the opportunity to discuss these concerns with CDFW staff in an in-person meeting. The City is willing to host the meeting at its Water Treatment Facility or, alternatively, to meet at a location preferred by CDFW personnel.

We look forward to continued coordination and are available to provide additional technical detail as needed.

Sincerely,
Taylor Spaulding
Senior Fisheries Biologist
Environmental Science Associates
On behalf of the City of Stockton
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City of Stockton
Legislation Text
File #: 26-0654, Version: 1

APPROVE RESOLUTION OVERRULING PROTESTS, CONFIRMING ASSESSMENT OF

DELINQUENT CODE ENFORCEMENT CHARGES, AND DIRECTING THE ASSESSMENTS BE PLACED ON THE SAN JOAQUIN COUNTY TAX ASSESSOR’S ROLL

RECOMMENDATION
It is recommended that the City Council approve a Resolution overruling protests and confirming the assessment of the delinquent charges listed in the “2026 NSS Assessment List - Delinquent Accounts” stemming from code enforcement actions against the affected properties, and directing the assessments be placed on the San Joaquin County Tax Assessor’s Roll.

It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolution.

Summary
The Police Department’s Neighborhood Services Section (NSS) is tasked with enforcing health and safety codes on properties throughout the City. When municipal code violations are found, the responsible party (the property owner or sometimes the tenant) is given an opportunity to correct the violation through notices issued by the City. While some violations are minor, such as excessive garbage in the front yard, others are much more serious and present an immediate health and safety risk if left unaddressed, such as piles of garbage, junk, and debris; loose electrical wiring; or inoperable plumbing in an occupied structure. In addition to enforcement of the municipal code, the NSS also administers programs such as hotel/motel permits, vacant property monitoring, and rental property inspections.

To recover City costs, in April of each year, the NSS begins a process to place all outstanding amounts over 45 days past due on the tax bill for the affected property. This process includes written notification mailed to the property owner of record, an opportunity to appeal placement of the charge on the tax bill before an Administrative Hearing Officer, and confirmation by the City Council of the proposed assessment amounts and request to forward the assessments to the San Joaquin County Assessors for direct placement on the property tax roll for 2026/2027.

As of June 30, 2026, there are approximately $1,964,107.22 in delinquent code enforcement charges that are unpaid and are therefore eligible to be placed on the tax roll. The opportunity to appeal charges to be placed on the property tax roll concluded on May 7th, 2026.

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DISCUSSION
Background
In 1996, amendments to the SMC became effective, providing for the issuance of administrative citations for municipal code violations and requiring property owners to reimburse the City for costs of code enforcement actions. An administrative hearing process was also established to provide due process for the affected property owners and to hear objections to the charges and confirm the costs of the applicable abatement actions taken by the City. In each enforcement matter, the NSS uses a progressive compliance model and a variety of tools to resolve the violations, including the imposition of fees and fines. In cases where the responsible property owners do not fix violations in a timely manner, the City may make the determination that it must move forward to abate the violations using a variety of mechanisms to protect the health, safety, and welfare of the public. In such instances, the City exercises its authority provided under the SMC and incurs the cost to abate the outstanding health and safety code violations and passes on those costs to the property owner (hereinafter “code enforcement charges”).

Although fees and fines are billed on a regular basis, many accounts fall delinquent. To recover City costs, in April of each year, the NSS begins a process to place all outstanding amounts over 45 days past due on the tax bill for the affected property. This process includes written notification mailed to the property owner of record and an opportunity to appeal placement of the charge on the tax bill at an Administrative Hearing. At the conclusion of the Administrative Hearing, if the Administrative Hearing Officer finds for the City, an order is issued directing the delinquent code enforcement charges be submitted to the San Joaquin County Tax Assessor for property tax assessment against the affected properties. The City Council is then asked for a confirmation of the proposed assessment amounts and agreement to forward the assessments to the San Joaquin County Assessor for direct placement on the property tax roll for the upcoming year.

Routine collection efforts, including code enforcement assessments against the affected properties, remain in place until all amounts owed to the City are paid. In instances where the property is refinanced or sold, the City will collect all monies due, including penalties and interest, through the sale or refinancing process. The code enforcement assessment carries the same priority as tax assessments and is paid on the property sale, foreclosure or transfer of ownership. Actual amounts recommended for placement on the tax roll vary from year to year.

Present Situation
On April 16, 2026, 760 property owners owing delinquent code enforcement charges were notified via certified mail. The letter indicated that failure to pay by the date provided would result in all delinquent code enforcement charges being submitted to City Council for approval and forwarding to the San Joaquin County Assessor’s Office for placement on the property tax rolls. The letter also advised the property owner of the scheduled administrative assessment hearing, which was held on May 6, 2026, and May 7, 2026, at which time the property owner was given the opportunity to appear before the Administrative Hearing Officer to contest the proposed charges and placement of the charges on the tax bill. Approximately 31 parcels were brought current between the initial notice of proposed assessment and the Administrative Hearing.

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File #: 26-0654, Version: 1
During this hearing, the Administrative Hearing Officer has the opportunity to review the City’s code enforcement costs, including delinquent charges, hear any objections to the amount and appropriateness of the charges and the City’s proposed action to place those amounts on the tax roll.

This Administrative Hearing is not an opportunity for the property owner to contest the charges billed or underlying enforcement action. That opportunity occurs during actual enforcement as specific actions are taken, and the SMC provides for an appeal process. A total of two property owners appeared at the Administrative Hearing. At the conclusion of the hearing, the Administrative Hearing Officer issued an Administrative Order confirming the placement of costs on the tax roll. Attachment A is a copy of that Administrative Order and includes the final number of properties confirmed for assessment to the tax roll by the Administrative Hearing Officer at 727.

Following the Administrative Hearing, an additional 48 accounts had either been brought current or established payment arrangements by June 30, 2026. Consequently, approximately $1,964,107.22 in delinquent code enforcement charges and interest penalties from Fiscal Year 2025-26 City code enforcement actions remain unpaid on 679 parcels. Ideally, the City will receive these funds from the County as property taxes are paid in Fiscal Year 2026-27; however, many property owners do not pay their property taxes timely, resulting in a delay of the City’s receipt of these funds. On average, the City receives 39% of the assessed delinquencies in the first fiscal year following the placement of the assessment.

The Administrative Services Department will compile delinquent charges from the appropriate City Departments and send one file to the County for processing. Once the delinquent code enforcement charges are confirmed, the list will be forwarded to Administrative Services staff to complete the processing and meet the County deadline of August 10, 2026, for receipt of this information.

FINANCIAL SUMMARY
There are approximately $1,964,107.22 code enforcement charges and interest that are delinquent.

Although the County places 100% of the amount of the assessments on the tax rolls, it is anticipated that only $766,000 will be received during Fiscal Year 2026-2027. That amount has been budgeted in the adopted Fiscal Year 2026-27 General Fund Police Department Neighborhood Services Section Revenue Account No. 3517-000-450017. The remaining charges that are not paid on time will remain on the property tax bill until paid, generally, once the property changes hands or is refinanced.

Attachment A - Administrative Order for 2026 Assessments City of Stockton Page 3 of 3 Printed on 7/2/2026
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ATTACHMENT A
1296
Resolution No

STOCKTON CITY COUNCIL

RESOLUTION OVERRULING PROTESTS, CONFIRMING ASSESSMENTS OF

DELINQUENT CODE ENFORCEMENT CHARGES, AND DIRECTING THE

ASSESSMENTS BE PLACED ON THE SAN JOAQUIN COUNTY TAX ROLL Chapter 1.24 of the Stockton Municipal Code (SMC) provides for the assessment of unpaid costs, fees, fines, and /or penalties that have become delinquent due to code enforcement activities, and that these assessments be placed on the secured property tax roll for each of the affected properties; and
A hearing was held on May 6, 2026, at 9:00 a.m., and May 7, 2026, at 9:00 a.m., in the City Council Chambers at City Hall, wherein all objections to property tax assessments for code enforcement charges were overruled by the Administrative Hearing Officer; and
All rights of appeal afforded by the SMC have expired or have been exercised; and The “2026 NSS Assessment List – Delinquent Accounts,” attached as Exhibit 1, represents assessments against the property owners, trustees, or administrators of the noted properties for reimbursement of code enforcement charges including costs, fees, fines, and/or penalties that have become delinquent; now, therefore,

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

1. All protests and/or objections to the charges listed in the “2026 NSS Assessment List – Delinquent Accounts,” attached hereto as Exhibit 1 and by reference made a part hereof, are hereby overruled.

2. The “2026 NSS Assessment List – Delinquent Accounts” is hereby confirmed.

3. The City Clerk is hereby authorized and directed to forward a certified copy of this Resolution to the Director of Administrative Services of the City of Stockton, who is hereby authorized to and shall cause the amount of the assessments to be added to the next regular bill of taxes levied against said properties for municipal purposes, which said amounts shall be collected at the time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and procedures under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes. //
//
//
1297

4. The City Manager is authorized to take appropriate and necessary actions 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
1298
2026 NSS Assessment List – Delinquent Accounts
679 $ 1,964,107.22
LOCATION PARCEL# PAST DUE
078-210-36 18774 BONJOC, MARTINA A 2322 CHAPEL HILL $ 901.31 137-165-13 21630 WILLIS, CHARLES JR & F 445 W FLORA ST $ 1,542.27 145-170-09 21669 PAULE IRENEE TUAZON 501 S PERSHING AV $ 2,990.00 137-140-33 25775 SABIN, DON 922 N MONROE ST $ 3,856.25
166-160-49 26548 ELLIS, CORNEL & EVA 2309 WILLAIM MOSS BL $ 675.00 155-360-36 26838 ARROYO, BERTHA 2303 ALMA AV $ 625.11
141-130-21 28170 SLOVATIZKI ETAL, KIM C/O MICHELLE EDGE 2211 E FREMONT ST $ 2,351.00 165-153-13 28476 JIMENEZ, CONNIE F 66 DELHI AV $ 675.00 135-050-37 29239 CADY, SCOTT A 1701 PICARDY DR $ 1,634.25 155-040-29 29930 MULHOLLAND TR, DANIEL 426 S EUGENIA ST $ 589.59 157-160-34 30291 MULHOLLAND TR, DANIEL 1012 S BROADWAY AV $ 275.40 111-371-14 30759 RAMIREZ, SAMUEL GARCIA 1436 W MENDOCINO AV $ 399.40 141-250-50 32480 GRIFFITTS, BRIAN J 2457 E FLORA ST $ 1,661.52 133-300-13 34487 TERRY, ROGER A & LILIA M 2014 W WILLOW ST $ 789.10 139-174-02 34926 PRT CORP 410 E FLORA ST $ 3,802.89
157-030-07 36764 DOMINGUEZ SR ESTATE, RALPH 2735 E LAFAYETTE ST $ 6,072.42 133-112-06 37693 BERKEBILE, BRENT 2505 W FREMONT ST $ 2,255.69 070-090-01 38831 SANGUINETTI, JEFF M ETAL 10906 DAVIS RD $ 228.90 139-191-05 39334 BRASKAT, BRUCE B 1245 N SUTTER ST $ 1,967.04 088-270-08 39535 JIMENEZ, ALFONSO 9175 FITZPATRICK CI $ 2,181.17 090-530-56 39665 MARDINI, MAZEN A 1 *UNASSIGNED $ 3,628.48 147-074-08 42014 RODGERS TR ETAL, SYLVIA M 515 W DR MARTIN LUTHER KING JR BL $ 957.00 115-251-34 42106 WARD ETAL, LINDA 403 E BARRYMORE ST $ 1,369.24 169-222-27 43846 ZAMBRANO, ROSA 1605 JULIAN ST $ 498.48 139-060-16 44982 CAMBELL TR, ROCHELLE L C/O R L Stevens 537 N SAN JOAQUIN ST $ 984.77 111-310-11 45083 JOHNSON, BOBBETTE D 1800 RIVER DR $ 5,590.32 177-222-22 45518 THOMPSON EST ETAL, PAUL F 3326 ZAMORA WY $ 363.59 155-480-13 45996 VILLALPANDO, JOSIE 2616 E ANDERSON ST $ 683.50 163-220-44 46172 GEORGE, TROY LEE & ALICE LEE 1638 S ARGONAUT ST $ 175.00 171-280-47 47687 CURIEL, CELINA 2225 SOMERSET DR $ 456.19 102-060-24 47946 VLAVIANOS, JOHN Z & FARRYYLE 809 E ROBINHOOD DR $ 658.36 147-264-13 49410 TAN, HERMOSA B 1248 S CALIFORNIA ST $ 237.30 097-590-06 51229 WATERS IV, WILLIAM T 6751 PLYMOUTH RD $ 237.30 108-070-18 53470 WANG ETAL, JOHN F JR 1534 SILVER CREEK CI $ 3,978.82 139-110-04 54072 HOTEL STOCKTON INVESTORS LP 110 N EL DORADO ST $ 5,988.40 115-280-17 54444 GLIDEWELL, MICHAEL A & JULIE A 726 E BARRYMORE ST $ 601.73 177-300-27 55038 CIENFUEGOS, OLIVO & NATIVIDAD 3423 S B ST $ 3,240.50 AR CUSTOMER NAME LOCATION STREET# DIR LOCATION ST.NAME

EXHIBIT 1
1299
2026 NSS Assessment List – Delinquent Accounts
679 $ 1,964,107.22
LOCATION PARCEL# PAST DUE
AR CUSTOMER NAME LOCATION STREET# DIR LOCATION ST.NAME
155-220-54 56229 MAYFIELD, MICHAEL M 227 S A ST $ 784.77 147-293-09 56569 TERRY, GLORIA 937 S STANISLAUS ST $ 585.00 145-310-41 56619 PRT CORPORATION 538 S PERSHING AV $ 8,153.45 165-060-39 57017 HARRISON, WILLIE LEE ETAL 286 W THIRD ST $ 206.17 116-210-07 58409 EDWARD A BENT FAMILY LP 4973 MOSS CREEK CI $ 7,613.10 139-174-12 60091 HAYES, JAMES & NISALDA 728 N SUTTER ST $ 183.19 117-235-11 63579 JOHNSON, LAURA O C/O CHESTER L HURST 1251 HIAWATHA AV $ 4,949.04 079-051-01 63977 THOMPSON EST, PAUL F & ANN 526 W MORADA LN $ 3,055.28 072-420-06 64050 CABATIAN, ASRIANO JR & ELEANOR 8949 DAVIS RD $ 626.08 079-244-03 64325 BROWN III, RANDOLPH 524 HIGHMOOR AV $ 405.65 128-150-41 64557 GUNAR, PEYVEND & JOSIE A 5253 WILD LILAC LN $ 246.53 169-075-02 64609 UONG, ANTHONY T & HOP 2004 S PILGRIM ST $ 363.59 169-075-01 64615 UONG, ANTHONY T & HOP T 2006 S PILGRIM ST $ 272.85 125-250-04 65788 RUBINGER ETAL, CHERYL c/o JOAN RUBINGER McFADDEN 335 E ARCADE ST $ 882.30 126-150-77 66113 TROUNG, HAP 3622 MONTANA ST $ 1,410.04 124-140-26 66759 TORRES, NENITA F C/O ALEXANDER FERNANDEZ 9633 PERINO DR $ 414.68 124-260-64 67372 BHACHU, HARBAJAN S & PARKASH K 9253 BRIDALVEIL CI $ 313.22 082-100-38 68020 MAH TR, NORMAN & MIRIAM 2918 MONTICELLO DR $ 405.70 155-020-48 68699 AKHTAR, TASNIM 1545 E WASHINGTON ST $ 181.02 155-020-49 68700 AKHTAR, TASNIM 1535 E WASHINGTON ST $ 181.02 155-020-50 68701 AKHTAR, TASNIM 1515 E WASHINGTON ST $ 175.00 117-150-12 68743 UONG, ANTHONY & HOP T 1508 BISHOP ST $ 602.00 078-360-12 71994 CINGCON, RALPH & BETTY 3905 ESTATE DR $ 428.48 155-060-17 72130 GIACOMA, CARMELLA MARY 1640 E HAZELTON AV $ 6,237.04 169-090-56 73803 ESCOBAR, ALMA DELIA 1130 E NINTH ST $ 363.59 137-164-14 73953 PUFNOCK, NICHOLAS 545 W PARK ST $ 6,152.66 157-192-06 74059 CORDOVA, JOSE F & MARIA 3304 FOREST DR $ 222.40 157-082-22 74066 UONG, MARIE R 633 S GOLDEN GATE AV $ 228.90 155-240-20 74085 CRUZ TR, MARIA D 340 S LAUREL ST $ 671.99 151-160-29 74366 1245 MINER PROPERTIES LLC SURINDER P. & KARANTI SINGH 1248 E MINER AV $ 19,378.00 151-096-02 74409 MEDINA, MANUEL JR 538 N SIERRA NEVADA ST $ 460.52 151-210-10 74806 TORRES TR, MARIA CARMEN 1315 E MAIN ST $ 275.40 153-180-53 75201 MARTIN, ANNA MAE 2369 MYRTLE ST $ 853.12 163-230-26 75443 TATE ZUNIGA, KENDRA J 1542 S STOCKTON ST $ 100.00 171-260-21 76115 TRAN, HOP T 2520 NIGHTINGALE CT $ 270.30 123-260-25 76593 REGENCY CONDOMINIUMS LLC ETAL 2421 COUNTRY CLUB BL $ 1,146.04 072-250-26 76900 THOMPSON A ANNE TR 9702 ENCHANTMENT LN $ 329.90

EXHIBIT 1
1300
2026 NSS Assessment List – Delinquent Accounts
679 $ 1,964,107.22
LOCATION PARCEL# PAST DUE
AR CUSTOMER NAME LOCATION STREET# DIR LOCATION ST.NAME
079-061-16 77306 THOMPSON, ANNE 725 SAN LUCAS AV $ 2,230.66 141-020-12 78191 KAR REAL ESTATE LLC 1530 E POPLAR ST $ 6,055.00 153-220-37 78888 ROYAL EQUITY GROUP LLC 2486 E WASHINGTON ST $ 496.30 082-310-05 80414 UONG, ANTHONY & HOP 3014 W HAMMER LN $ 4,060.03 151-060-18 80706 PENA, SALVADOR & MARISELA 727 N PILGRIM ST $ 861.12 177-152-29 81366 ETAL, ERICK MOSCOSO C/O EDWARD PETER 3328 PHELPS ST $ 459.28 075-270-01 81374 JENKINS, MELVA JEAN 2329 DARIO CI $ 4,480.42 139-223-03 81709 ADVANCE DEVELOPMENT CORP 639 N GRANT ST $ 698.20 139-222-09 82320 STKN PD DEPT CODE ENF REHAB TR 531 N STANISLAUS ST $ 614.04 153-150-09 82385 STOUT, ROBERT LEE 2238 E FREMONT ST $ 226.72 079-170-18 82409 WINKLER, PAUL N 8507 ACAPULCO WY $ 608.40 079-153-17 84211 HADDAD, MICHAEL 715 W PONCE DE LEON AV $ 243.49 163-120-52 84221 LAVARIAS, RANDY 643 CHICAGO AV $ 675.00 090-300-25 84293 O1 ENTRUST GROUP INC C/O THE ENTRUST GROUP 8133 ROUEN CT $ 299.62 147-140-36 84396 MIRANDA, SAUL 916 S CENTER ST $ 348.60 094-300-45 84438 CHEA, RATHA & NARATH 6780 SADDLE ROCK CT $ 434.33 124-140-37 84485 DINH, TIFFANY L 3635 SAN MARCO DR $ 189.39 147-270-10 84648 LARGAESPADA, OSCAR JOSE SR 527 E JACKSON ST $ 173.00 137-180-36 84768 MAGANA ETAL, FERNANDO C/O JOSEPH VILLALOBOS 733 N COMMERCE ST $ 4,408.90 079-080-54 84792 HINMAN & LEWIS LLC 8930 N EL DORADO ST $ 411.12 072-350-30 85191 SCHOCH, RAYMOND C & RE 1333 W PONCE DE LEON AV $ 244.83 072-190-29 85352 SHAH, SHAUKAT A 1232 SHADOW CREEK DR $ 570.00 068-420-43 85527 HILL, DORIS M 10628 SISKIYOU LN $ 312.04 079-450-12 85820 PHOMMACHALY, ANALYN ETAL 102 NORMANDY CT $ 1,690.02 151-150-03 85966 FLORES ETAL, RAFAEL A 134 N AURORA ST $ 509.40 169-250-09 86241 AWNALLAH, ADNAN 2101 S SACRAMENTO ST $ 593.12 075-390-03 86338 PINEDA, FERNANDO 917 KATHERINE WY $ 4,270.05 080-150-45 86612 MATADI, JOSEPH & COMFORT G 2536 JIMENEZ WY $ 5,021.12 155-340-36 86759 AWNALLAH, ADNAN G 2255 E HAZELTON AV $ 587.92 169-202-17 86899 MORENO, NOEL 1617 E SEVENTH ST $ 363.59 169-212-01 86924 GOMEZ, JOSE MUNOZ 2120 ANNE ST $ 270.30 155-360-34 86929 LEWIS, JIMMIE LEE EST C/O ANDANIA LEWIS 2321 E CHURCH ST $ 7,637.62 139-172-08 87089 SAC STK 2015 1 TRUST C/O CHIA CHIN CHOU 335 E PARK ST $ 787.00 147-215-10 87099 MARAJ INVESTMENTS LLC C/O RAJINDER K SHARMA ETAL 820 S SUTTER ST $ 412.00 179-420-19 87123 GUPTA, ANUPAM A K & KOMAL S 3831 HOLDREGE WY $ 277.72 157-192-13 87425 AMMAR USA LLC - FERNANDO MARCHENA/MIGUEL MARCH 3434 FOREST DR $ 272.48 135-422-12 88146 LIN, KUNYAN 807 W PARK ST $ 1,533.43

EXHIBIT 1
1301
2026 NSS Assessment List – Delinquent Accounts
679 $ 1,964,107.22
LOCATION PARCEL# PAST DUE
AR CUSTOMER NAME LOCATION STREET# DIR LOCATION ST.NAME
133-020-38 88205 JVN PROPERTIES C/O NICANDRA FERREIRA 1266 DORAY CT $ 3,906.95 155-210-31 88237 ALI, KASHIF 1917 E SONORA ST $ 361.92
128-010-03 88292 UNION PACIFIC RAILROAD COMPANY 1 *UNASSIGNED $ 2,341.68 151-160-31 88623 IRIGOYEN, DIEGO 217 N AIRPORT WY $ 358.44 165-310-09 88789 SMITH, PATRICIA ANN 103 MOSSWOOD AV $ 228.90 139-161-02 88888 JVN PROPERTIES LLC C/O NICANDRA FERREIRA 635 N SUTTER ST $ 2,477.65 088-250-43 89240 WYS4 REAL LLC 8135 ALBANY DR STATUTORY TRUST 8135 ALBANY DR $ 1,134.85 151-300-01 89395 UNION PACIFIC RAILROAD CO 902 E SCOTTS AV $ 4,138.90 139-040-52 89438 PANDE,CHANDRA B ETA 1022 N CENTER ST $ 161.65 169-154-30 89640 RAMIREZ, ARNULFO 1533 JULIAN ST $ 589.59 139-174-01 90216 P R T CORP 406 E FLORA ST $ 4,817.00
175-250-66 90509 AKB TRANSPORT INC 3845 S EL DORADO ST $ 416.25 165-060-19 90522 HAFIZAHMAD, PASSEFUN NISHA 315 W FOURTH ST $ 228.90 164-220-09 90614 NUANCE INVESTMENT INC 3526 MANTHEY RD $ 5,722.02 111-400-27 91263 KHAN, JASON B 3548 GRANGE AV $ 420.24
155-070-13 91676 SMITH, CHESTER & VIRGINIA 720 S EUGENIA ST $ 855.09 108-170-12 91694 FORBES, GERALD L & LINDA M 1467 SAN ROCCO CI $ 896.80 137-310-18 92304 PULIDO, ESTHER R 42 W SONORA ST $ 5,808.65 110-320-05 92528 GLASER, JENNIFER Y 1918 ROSE MARIE LN $ 2,151.90 147-215-12 92553 801 SOUTH CALIFORNIA STREET LL 801 S CALIFORNIA ST $ 3,610.17 167-111-11 92556 ORIHUELA, VIRGINIA N 1817 S CALIFORNIA ST $ 6,674.60 078-420-19 92605 BROWN, BRUCE 9782 MILLEN CT $ 3,547.38 147-220-09 92941 HLM LLC 735 S SUTTER ST $ 79,889.85
117-490-41 92967 DRAWSAND, PAMELA M 4030 MARCHESOTTI WY $ 822.70 147-214-13 93250 CEJA, KATIE 321 E ANDERSON ST $ 602.00 151-042-18 93306 ALBIN, PATRICIA C 1211 E ACACIA ST $ 12,719.78 137-070-04 93492 PADILLA, FRANCISCO F & MARIA A 120 W HARDING WY $ 4,438.82 139-240-06 93585 ALWASIM, SELEH RASHEED 344 N CALIFORNIA ST $ 3,795.50 139-340-13 93614 CASTLES WELL DRILLING LLC 439 N GRANT ST $ 877.40 147-270-22 93933 MORALES, ALICE ANNETTE 1115 S STANISLAUS ST $ 1,340.84 157-104-08 93935 BARRAGAN, SALVADOR MARTINEZ 859 S GOLDEN GATE AV $ 8,772.50 151-160-70 94114 1245 MINER PROPERTIES LLC SURINDER P. & KARANTI SINGH 1226 E MINER AV $ 19,548.00 133-350-41 94264 GEALY, MARK 1009 FIGUEROA ST $ 11,304.67 117-080-06 94450 SINGH, HARJAP & PARVINDER KAUR PARDEEP SINGH SOOCH 1524 E ALPINE AV $ 3,989.30 164-220-08 94500 NUANCE INVESTMENT INC 3550 MANTHEY RD $ 5,722.02 102-300-44 94570 KJELAAS MARLIN 28 GOLD RUN PL $ 2,900.56 079-170-28 94717 HUYNH, CHRIS N & DUNG N 8651 SANTA PAULA WY $ 228.90

EXHIBIT 1
1302
2026 NSS Assessment List – Delinquent Accounts
679 $ 1,964,107.22
LOCATION PARCEL# PAST DUE
AR CUSTOMER NAME LOCATION STREET# DIR LOCATION ST.NAME
151-021-05 94769 UONG, MARIE 1269 N PILGRIM ST $ 6,050.00 153-260-31 94879 ELKO PROPERTY MANAGEMENT LLC C/O ALFREDO M NAVA 2364 E LINDSAY ST $ 458.74 149-170-12 94955 OWP PHASE II LP 39 N CALIFORNIA ST $ 690.00 113-260-17 95023 MARTINEZ, NANCY M 679 W SONOMA AV $ 2,949.84 139-300-10 95385 FLORES, RAFAEL A & SONIA 821 E CHANNEL ST $ 1,766.22 117-090-15 95397 JIMENEZ, ALFONSO & MARIA 2517 WEST LANE $ 602.00 149-063-02 95411 BUI, KARTER 130 E LAFAYETTE ST $ 4,555.10 088-180-25 95522 POLO RUN FAMILY APARTMENTS LP C/O ROEM DEVELOPMENT CORP 8162 PALISADES DR $ 130.70 143-460-15 95523 CASTLEMAN, THOMAS 841 N GOLDEN GATE AV $ 949.45 179-520-05 95544 KEOUGH, MIKE & SHEENA 4590 QUANTAS LN A4 $ 675.00 153-030-15 95571 SANCHEZ RANDY S & SANCHEZ MART 230 N EUGENIA ST $ 7,608.20 094-270-10 95616 HENG, SAMBATH & PHALLY 7045 VILLAGE GREEN DR $ 231.45 137-201-09 95729 BANDALI, MOHAMED B & NASEEM 621 N MONROE ST $ 245.70 094-290-07 95841 MADAMBA, CONSTANCIO & C 2115 SHARKON CT $ 245.65 151-276-18 96206 ROCHELLE TR, HORACE EARL JR 404 S SIERRA NEVADA ST $ 34,888.26 096-080-48 96217 CRUZ, MARYELLA 5872 LIVINGSTON CT $ 236.85 151-280-19 96241 CHHAUNKAR, MONICA 544 S UNION ST $ 138.00 165-350-27 96249 CHEN, DUNLI 216 W NINTH ST $ 228.90
090-110-02 96272 SRPS LP 9315 LANSDOWNE DR $ 602.55
088-213-07 96336 CENTRAL VALLEY CAPITAL IV LP 818 DU PONT DR $ 425.53 151-291-04 96379 LAZARO ETAL, AMADOR 1246 E CHURCH ST $ 693.28 126-060-03 96389 DINH, TIFFANY L 8806 EUREKA DR $ 192.85 126-030-61 96518 NGUYEN, VINH 8724 MCCABE LAKES DR $ 235.76 088-200-16 96594 DOMINGUEZ ETAL, CANDIDO 832 CLINTON DR $ 230.63 090-240-09 96878 KHAN, M JAVED 8326 CHERBOURG WY $ 191.94 079-310-21 96893 CENTRAL VALLEY CAPITAL IV LP 8138 N EL DORADO ST $ 782.08 090-430-28 96898 ALI, KASHIF 2841 FOX CREEK DR $ 237.73 072-330-02 96951 NGUYENTAN, THONHAN 920 W PONCE DE LEON AV $ 1,818.10 090-320-05 97014 LUGHMANI, MOHAMMAD A 7934 MONTAUBAN AV $ 382.30 137-180-08 97071 CAL VALLEY INVESTMENTS INC 117 W FLORA ST $ 2,142.21 143-080-37 97163 KHAN TR, ADNAN 738 N FILBERT ST A $ 237.30 139-300-11 97184 FLORES, RAFAEL A & SONIA 815 CHANNEL ST $ 4,827.72 082-050-19 97240 TURNER, BRANDON J 3406 CHARLESTON CT $ 228.90 079-220-04 97249 POSILLICO, ESTHER A 809 MACDUFF AV $ 1,135.68 072-230-09 97350 THOMPSON TR, A ANNE 1012 SHADOW CREEK DR $ 240.97 072-090-08 97375 BELTRAN, JORGE M 2011 COMSTOCK DR $ 233.14 155-340-11 97584 JAFFER, MOHAMMAD JAWAD 425 MCDONELL AV $ 708.71

EXHIBIT 1
1303
2026 NSS Assessment List – Delinquent Accounts
679 $ 1,964,107.22
LOCATION PARCEL# PAST DUE
AR CUSTOMER NAME LOCATION STREET# DIR LOCATION ST.NAME
133-280-48 97594 WILSON TR, RICHARD G 1972 SHIMIZU DR $ 5,822.62 139-164-03 97598 YIP YING CHING 436 E OAK ST $ 952.00
151-080-57 97697 CERVANTES, ARMANDO 1005 E OAK ST $ 2,155.00 169-080-56 97707 RODRIGUEZ, JUAN & AMELIA 2211 S UNION ST $ 836.00 079-460-12 97720 RAMIREZ, HECTOR I 8437 GALLOWAY DR $ 834.40 167-131-06 97820 REYNOSO, ANTHONY X V 1615 S SUTTER ST $ 23,224.47 171-350-25 97888 DIXON, RACOLE 2312 LONG ISLAND DR $ 498.85 168-170-02 98169 SINGH, GURPRIT 616 WILLIAM MOSS BLVD $ 108.01 127-134-07 98182 O LEARY, GREGORY A 1784 N SAN JOAQUIN ST $ 883.75 125-140-32 98203 CARTWRIGHT, MARK W 45 E MONTEREY AVE $ 2,052.94 149-070-30 98204 YAHYA, ABDO NAGI & ENTESAR ELTAREB 611 S SAN JOAQUIN ST $ 3,448.00 147-295-18 98216 ALL 4 ONE PROPERTY 930 S STANISLAUS ST $ 2,575.50 117-330-02 98305 BELLISIMO BUILDERS INC 1257 SCHOOL AVE $ 358.44 147-203-08 98333 ALONZO, MARIO C & MARIA F 345 E JACKSON ST $ 4,352.00 169-090-01 98365 WATSON EST, PINK 1020 E NINTH ST $ 182.69 139-060-28 98378 VLUGHT BARRY 540 N HUNTER ST $ 1,763.46 147-250-31 98430 LEE TR ETAL, KENNETH K & AMY F 1043 S CALIFORNIA ST $ 2,002.00 139-224-12 98575 COC CESAR & OROZCO BRENDY 735 E FREMONT ST $ 749.84 139-193-14 98589 SHAM FAMILY TRUST, KA WAI 421 E ROSE ST $ 585.00 153-204-02 98628 ROYAL EQUITY GROUP LLC 2310 E WASHINGTON ST $ 501.40 155-390-19 98636 RUPIO, VALENTINA 820 SHARON AV $ 367.12 155-250-29 98638 BAGSBY, BOBBIE J 425 S ASH ST $ 584.44 155-430-24 98655 IRA SERVICES TRUST CO ALYSSA PADILLA 2534 HOME ST $ 501.40 153-270-26 98657 OROZCO, MAX R 2418 E LINDSAY ST $ 456.19 141-270-63 98659 ALONZO, DARIO D 1145 N FILBERT ST $ 1,225.80 088-350-34 98692 HASHEMI, SEYYED MOHHAMMADAGHA 656 WHIPPORWILL ST $ 1,011.76 117-080-07 98715 SOLAR INVESTMENTS LLC 1653 EL PINAL DR $ 5,511.10 179-180-29 98732 CENTRAL VALLEY NEIGHBORHOOD HARVEST 3801 S STATE ROUTE 99 W FR RD $ 6,857.56 147-083-15 98755 ARMENTA ETAL, RITO J 249 W CLAY ST $ 3,098.04 177-163-09 98865 WILLIAMS TR, ALEAN A 3068 VOLNEY ST $ 459.28 177-180-44 98869 NGUYEN TR, CHRISTINE 3060 BELLEVIEW AV $ 685.28 112-220-52 98893 QUEST PROPERTY VENTURES LLC 2131 W MARCH LN $ 13,379.03 171-280-19 98933 ALANIS ETAL, ROSALBA MORENO 2248 CAMBRIA DR $ 363.59 177-410-01 98946 MULLER, STEVE 1784 BENEDINO CI $ 451.86 155-100-22 98971 BAKER, TRAVON J 1704 MILTON ST $ 230.28 179-320-11 98989 DALLIN LLC 2664 TOGNINALI LN $ 277.72
171-273-15 99026 9TYNINE LLC 2313 NIGHTINGALE AV $ 682.19

EXHIBIT 1
1304
2026 NSS Assessment List – Delinquent Accounts
679 $ 1,964,107.22
LOCATION PARCEL# PAST DUE
AR CUSTOMER NAME LOCATION STREET# DIR LOCATION ST.NAME
153-232-20 99031 CORTES, HERIBERTO 6 N F ST $ 181.56
151-206-05 99048 FLORES, RAFAEL A 19 S AIRPORT WY $ 455.18 153-270-28 99188 AWNALLAH, ADNAN G 2430 E LINDSAY ST $ 501.40 147-083-14 99195 MIRANDA, JUAN C B 237 W CLAY ST $ 2,715.00 151-205-14 99264 HOMELESS HABITAT INC 18 N PILGRIM ST $ 3,926.41 147-170-40 99271 GARCIA, RAFAEL 147 E DR MARTIN LUTHER KING BL $ 3,265.90 145-170-37 99358 ORDONEZ, DANIEL 518 MODESTO AV $ 170.00 168-170-01 99597 JTMC GROUP LLC 644 WILLIAM MOSS BLVD $ 108.01 151-340-19 99613 CHAN, YAU-GENE 1121 E CLAY ST $ 5,239.00 151-340-18 99614 CHAN, YAU-GENE 1133 E CLAY ST $ 5,044.00 090-190-26 99632 ZULETA, SONIA E & JEPTE 2314 HOLLYWOOD DR $ 350.20 135-441-07 99649 CARMONA, DIANA 647 N BAKER ST $ 687.59 090-460-65 99699 WEST LAKE CONDOMINIUM ASSN COR 1657 PYRENEES AV $ 237.30 149-120-10 99782 MAD LAD PRODUCTIONS LLC 119 S SUTTER ST $ 77,407.95 167-043-16 99901 PACRAM ANTHONY 1836 S HUNTER ST $ 5,965.48 096-150-13 99907 AHMAD ETAL, RUBINA S & MARSOON AHMAD 5241 BARBADOS CI $ 2,517.54 153-111-05 99946 SINGH, AMANDEEP 2025 E WEBER AV $ 2,545.00 149-081-02 100004 CARRASCO, JUAN 514 S SAN JOAQUIN ST $ 226.00 155-060-39 100119 PEREZ, LEAH HERNANDEZ 1713 E SCOTTS AV $ 275.40 081-050-43 100147 RIOS, GUSTAVO 451 PRADY WY $ 275.38
149-064-04 100227 GONZALEZ, RAYMUNDO & SOLIRAY 128 E SONORA ST $ 3,279.50 139-223-14 100231 MOOREHEAD, MATTHEW J 708 E PARK ST $ 6,636.00 143-080-34 100282 RODRIGUEZ, ANGEL GUTIERREZ 650 N FILBERT ST $ 1,122.00 070-070-47 100302 YELLOW BRICK DEVELOPMENT LLC 10878 RIVERMONT DR $ 228.90 139-162-11 100353 PACIFIC T & T CO 0 *UNASSIGNED $ 3,100.30 113-370-42 100367 DANIEL ENRIQUE 681 BEDFORD RD $ 144.80 164-220-10 100390 NUANCE INVESTMENT INC 3538 MANTHEY RD $ 5,722.02 096-220-41 100435 BORGERT, BRUCE A & GLADYS M 5536 GOVERNOR CI $ 2,552.00 115-310-08 100451 RVDF LLC 4105 POSTAL AV $ 12,205.44
135-190-06 100497 JAZULIN, STEPHEN & MELISSA M 1228 W WILLOW ST $ 2,497.85 104-210-09 100501 THOMPSON, A ANNE 4504 BURNAM CI $ 3,789.50 137-050-10 100530 MDC COASTAL 17 LLC 505 W HARDING WY $ 3,023.14 137-170-09 100572 TON, THIEN T 321 W FLORA ST $ 2,754.82 082-100-58 100593 GOLD SIERRA TRUST C/O PAUL RICHARDS 2931 MONTICELLO DR $ 1,343.95 149-270-56 100621 HAZELTON AVE LIVING TRUST - MANEETPAL SINGH DEOL 845 E HAZELTON AV $ 14,775.00 149-264-07 100676 GONZALEZ RAYMUNDO & SOLIRAY 415 S GRANT ST $ 275.40 117-242-12 100699 FLORES, MICHAEL A 1933 BRADFORD ST $ 8,012.56

EXHIBIT 1
1305
2026 NSS Assessment List – Delinquent Accounts
679 $ 1,964,107.22
LOCATION PARCEL# PAST DUE
AR CUSTOMER NAME LOCATION STREET# DIR LOCATION ST.NAME
104-260-06 100700 MIRANDA, MARTHA E 4452 COTTON CT $ 1,011.98 147-343-03 100717 OROSCO, ANTONIO NABOR JR 720 E CLAY ST $ 610.98 165-153-09 100726 AL ZGHOUL HAMDI M TR 2057 S EL DORADO ST $ 152.72 139-224-05 100778 CORNELIO, KARLA E ARROYO 728 E OAK ST $ 729.92 139-165-07 100823 537 EAST OAK LLC 537 E OAK ST $ 1,635.00 088-040-05 100829 NGUYEN TR, HANNAH 9229 WEST LN $ 833.70 149-190-05 100842 SANTOS, ROY D 836 E WEBER $ 7,414.92
088-030-18 100876 HIN, BO 9222 TAM O SHANTER DR $ 620.06 149-190-06 101030 KPA CALIFORNIA LLC 29 N AURORA ST $ 2,574.14 173-070-02 101058 WMK PROPERTIES LLC T MANPREET & BIKRAM-JIT 3732 FARMINGTON RD $ 1,851.99 079-460-06 101108 BENITEZ, WALTER HABIS 843 DUNDEE WY $ 428.48 149-170-08 101139 THE PARVEEN KHAN REVOCABLE TR - PARVEEN KHAN - TRUSTEE 431 E MAIN ST $ 231,700.22 088-400-19 101150 SATH, MONYAN 9053 WARM SPRINGS CI $ 3,460.16 139-056-12 101169 REDEVELOPING THE VILLAGE 724 N HUNTER ST $ 4,762.17 139-290-04 101290 ONE BEAT PROJECT LLC 204 N AMERICAN ST $ 7,839.63 117-270-26 101297 SINGH, SURINDER P & KARANTI SINGH 1630 N WILSON WAY $ 3,291.60 139-070-03 101334 ABBASI, AMIR A C/O SABA A ABBASI 118 E FREMONT ST $ 937.55 151-050-09 101346 GUZMAN, JOEL O & LILIAN B 905 N AIRPORT WY $ 412.00 151-024-18 101373 GUZMAN, JOEL O & LILLIAN B 1218 N SIERRA NEVADA ST $ 785.70 149-200-05 101426 PHAM, NGHI X 34 S AMERICAN ST $ 1,727.10 137-180-29 101489 SANEAUX, CARLOS A & MARTHA G MORILLO 739 N CENTER ST $ 2,072.45 175-250-55 101509 DHALIWAL RAVINDER SINGH & DARSH DHALIWAL 3927 S EL DORADO ST $ 681.75 110-220-16 101515 PERSHING OFFICE LLC 4212 N PERSHING AV $ 915.18 115-155-11 101537 TSEHAI, BERHANE 215 E EUCLID AV $ 1,357.75 096-110-19 101539 VALENCIA, SANTIAGO M & MARIA C V CABEZAS 5795 CARIBBEAN CI $ 245.70 151-130-38 101553 RIOS, ISMAEL NORIEGA 325 N SIERRA NEVADA ST $ 6,751.56 155-040-06 101672 ACEVEDO, JOSEPH A 317 DELLA ST $ 358.44 147-030-21 101767 ZIADEH, HAMZA 515 W HAZELTON AV $ 63,870.72 147-294-02 101769 BROWN, ERWIN 817 S GRANT ST $ 24,666.00 088-200-18 101790 LAKEVIEW LOAN SERVICING LLC 835 CLINTON DR $ 599.00 149-170-30 101808 OWP PHASE II LP. 430 E WEBER AVE $ 2,292.56 137-190-14 101810 HOUSE DEALERS LLC 114 W PARK ST $ 1,722.05 124-040-32 101859 VILLEGAS ETAL, DONALD 9606 COLONNA LN $ 2,397.23 088-180-24 101860 8107 WEST LANE LLC 8107 WEST LN $ 2,818.10 151-120-33 101865 1245 MINER PROPERTIES LLC 324 N PILGRIM ST $ 7,831.00 135-441-06 101922 CENTRAL VALLEY CAPITAL IV LP 820 W PARK ST $ 237.30 137-130-50 101950 DAVIS, WALTER & OSIELEAN 130 W ACACIA ST $ 4,216.94

EXHIBIT 1
1306
2026 NSS Assessment List – Delinquent Accounts
679 $ 1,964,107.22
LOCATION PARCEL# PAST DUE
AR CUSTOMER NAME LOCATION STREET# DIR LOCATION ST.NAME
088-080-69 101972 QAYUM, ABDUL & MUKHTA 813 CHECOTAH CI $ 186.84 165-142-15 102019 KHAN, RAFINA 131 DELHI AV $ 5,282.24
155-060-16 102070 HWIN VENTURES INC 1608 E HAZELTON AV $ 219.26 149-093-15 102086 HORTON, JOHN 328 S SUTTER ST $ 1,040.00 149-091-08 102099 LI, BEN ZHAN 333 S SUTTER ST $ 4,611.00 079-182-29 102120 ORELLANA, EDWIN E A 355 SAN FERNANDO AV $ 405.70 139-166-01 102123 APOGEE CONSULTING AND DEVELOPM 518 E OAK ST $ 789.48 084-080-04 102184 FINLEY, JESSE D JR 9311 N EL DORADO ST $ 17,150.93 167-085-10 102201 CHAVEZ ETAL, ARTEMIO GONZALEZ 2268 S CALIFORNIA ST $ 525.00 151-072-01 102212 DAVIE, EDWARD 744 N PILGRIM ST $ 6,055.00 139-240-08 102222 KPA REALESTATE & SERVICES LLC 326 N CALIFORNIA ST $ 4,715.00 149-170-01 102292 CIRCA1850 LLC 36 N SUTTER ST $ 5,395.00 130-050-08 102293 WILSON, ANTHONY RAY 4918 HALF DOME CT $ 759.52 125-210-11 102294 CALDERA, JOSE A 2425 & 2427 N SAN JOAQUIN ST $ 562.62 127-171-13 102309 REFFLE TR, PHILLIP 447 HAWTHORNE ST $ 416.12 110-250-09 102433 NOR CAL EQUITY GROUP INC 752 PODESTO LN $ 4,177.92 133-020-40 102444 JVN PROPERTIES LLC 1242 DORAY CT $ 4,734.14 149-070-05 102466 WANG, JIANPING 516 S EL DORADO ST $ 3,715.00 133-390-13 102486 ZAVALA PANO, TERESA 1827 FIELD AV $ 2,412.81 137-094-10 102544 AAIA RML LLC 515 W VINE ST $ 6,698.83 135-423-14 102563 SIDHU ETAL, YESENIA 820 N BAKER ST #1 $ 3,093.80 117-350-04 102568 OTHMAN PROPERTIES INC 969 WATERLOO RD $ 3,053.88 145-230-12 102599 NEWARK GROUP INDUSTRIES INC 1 *UNASSIGNED $ 3,499.00 078-380-49 102695 PADHI, CHINMAY & 9561/9563/9565 KELLEY DR $ 1,272.79 149-264-15 102702 ARM ELITE CONSTRUCTION 440 S STANISLAUS ST $ 455.37 079-170-12 102709 RIOS, JUAN CARLOS 8555 ACAPULCO WY $ 1,877.47 104-300-34 102715 YE HAO 4477 LA CRESTA WY 2 $ 974.00
139-163-08 102756 NORMAN, JOHN & EBONY 641 N CALIFORNIA ST $ 1,550.70 139-070-04 102801 ABBASI, FAHAD AHMED & 130 E FREMONT ST $ 5,560.05 133-046-01 102843 MARTINEZ ETAL, JOCELYN 1146 BANNER AV $ 4,224.62 137-094-06 102863 STRATEGIC ENTERPRISES INC. 1329 N LINCOLN ST $ 5,069.08 137-093-03 102869 NEWREZ LLC SHELLPOINT MORTGAGE SERVICING 520 W HARDING WY $ 3,242.10 139-180-46 102885 CALIFORNIA ADU TINY HOMES LLC 415 E POPLAR ST $ 752.30 175-140-31 102917 MORAN, VICTOR M 3616 HARVEY AV $ 594.62 104-250-04 102950 JLE JAMESTOWN LLC 126 E JAMESTOWN ST $ 209.02 147-270-38 102951 MEDEL, BLANCA LILLIAN BARAJAS 632 E JACKSON ST $ 2,107.94 096-130-31 102957 MOLINA, JOSE R 5781 CARIBBEAN CI $ 1,399.00

EXHIBIT 1
1307
2026 NSS Assessment List – Delinquent Accounts
679 $ 1,964,107.22
LOCATION PARCEL# PAST DUE
AR CUSTOMER NAME LOCATION STREET# DIR LOCATION ST.NAME
079-202-14 102983 LOPEZ, SARA GONZALES 222 KILT CT $ 586.92 147-213-01 102998 M & L MOULDING & MACHINE INC 801 S SAN JOAQUIN ST $ 210.44 139-060-04 103019 KLOSTRAKIS, NEKTARIOS 640 N EL DORADO ST $ 4,731.57 094-010-02 103043 UNION PACIFIC CORPORATION 1 *UNASSIGNED $ 434.98 149-064-13 103046 BELL, PHEAKDEI N & JABARR L ABRAM 430 S EL DORADO ST $ 10,800.95 169-072-14 103065 SECRETARY OF HOUSING AND URBAN DEVELOPMENT 2134 S SACRAMENTO ST $ 722.72 088-244-02 103082 YIP, KWUN T 702 BEDLOW DR $ 1,827.00
113-354-09 103121 TSHB LLC 2323 PACIFIC AV $ 3,123.76
066-350-09 103221 HPA JV BORROWER 2019 1 ML LLC 10131 BLUE ANCHOR LN $ 1,165.30 139-240-21 103264 CENTRAL VALLEY INSURANCE AGENC 521 E MINER AVE $ 4,400.03 080-230-41 103289 QURESHI, SHARIQ A & NABILA S 2541 PLANTATION PL $ 237.30 100-470-08 103375 SUNBURST APARTMENTS 2 LLC 3266 BLUE RIDGE CI $ 1,026.86 075-321-09 103401 NGUYEN, NGOC DAO HOANG 2269, 2269 PORTOLA AV $ 602.00 082-210-01 103412 JINDAL ETAL, RAJESH 8552 KELLEY DR $ 1,794.70 088-232-04 103444 MENDOZA JESUS S & BRISENO LILI 609 ERIE DR $ 1,361.80 080-060-13 103452 THOMPSON TR, A ANNE 3227 ADMIRAL DR $ 241.04 072-100-07 103456 ICO, MICHELE 1909 & 1911 COMSTOCK DR $ 249.84 072-330-12 103460 THOMPSON TR, A ANNE 1028 W PONCE DE LEON AV $ 240.97 079-410-04 103463 CASAS, ARNOLDO 7920 & 7922 DIANA MARIE DR $ 1,623.08 090-051-04 103480 HERNANDEZ, RICARDO 1784 CRESTWOOD CI $ 665.49 090-150-40 103490 PICADO ETAL, MARIA J SALAZAR 8807 LANSDOWNE DR $ 1,017.05 141-100-07 103505 OMAR, SABER J 1856 E FLORA ST $ 2,691.67 090-430-24 103518 CHAUDRY TR, SALEEM 2873 FOX CREEK DR $ 236.53 094-300-13 103525 BAQAI TR, BADAR U 1526 WHITNEY ST $ 236.85 094-320-09 103532 MANINGDING, RODOLFO C & CARMEL 6542 EL CAPITAN CI $ 245.65 096-130-60 103534 PETERSON, DARRELL L & CHONG S 5741 ST CROIX CT $ 247.38 088-280-06 103542 KARIM, SAEEDA 8768 STELLA CT $ 236.85 088-280-09 103543 THOMPSON TR, A ANNE 8902 STELLA CT $ 236.85 096-070-26 103551 BAQAI TR, BADAR U 2051 ATCHENSON ST $ 239.40 072-280-03 103554 JONES, LATISHA 928 & 930 PRINCESS DR $ 246.10 072-100-19 103555 GBILIA, SAMUEL G 1942 & 1944 COMSTOCK DR $ 241.16 090-520-42 103563 RUBINO, FRANK 2728 MAPLEWOOD ST $ 239.40 071-400-42 103599 QASIR, MEHMOOD 4239 BASS RD $ 427.15
126-040-16 103601 PHAM ETAL, VU ANH 8910 GLACIER POINT DR $ 245.65 072-490-03 103617 THE MOLINA FAMILY TRUST ENRIQUE MOLINA 8905 DAVIS RD A4 $ 426.83 090-041-04 103625 TREESIDE PROPERTIES INC 9211/9213/9215 DALEWOOD ST $ 1,204.01 090-550-20 103628 SPANGLER & NGUYEN 2024 TR 9459 TUSCANY CI $ 228.90

EXHIBIT 1
1308
2026 NSS Assessment List – Delinquent Accounts
679 $ 1,964,107.22
LOCATION PARCEL# PAST DUE
AR CUSTOMER NAME LOCATION STREET# DIR LOCATION ST.NAME
090-110-30 103638 CORNEJO, SANTIAGO 9326 LANSDOWNE DR $ 239.40 090-460-28 103639 CLARK, JAREK HEIDE MANRIQUEZ 1553 PYRENEES AV #37 $ 2,085.76 096-150-50 103647 CHUNG, EVELYN 5337 ST BARTS CT $ 1,593.04 124-210-03 103664 HERNANDEZ, JOSE FRANCISCO ORNE 9343 MAMMATH PEAK CI $ 1,588.52 124-130-39 103683 AWNALLAH, GABER SAID 3734 GENOVA LN $ 423.69 072-340-45 103691 CHEN, JAMES CHENG TA 1318 BRIARWOOD WY $ 237.73 079-170-09 103702 AVAALI INVESTMENTS LLC 8611 ACAPULCO WY #1-4 $ 659.19 090-460-44 103703 STANICH, FRANK J 1645 PYRENEES AV #58 $ 423.37 090-280-22 103715 YUON, CHEAVARAMAN CHARLIE & AUN YONG 7912/7914/7916 GRENOBLE WY $ 249.08 088-170-11 103716 WU, JING LIANG 8232 NEW YORK DR $ 237.73 126-270-27 103719 SOH FAMILY TR 3165 SONATA CI $ 425.53 094-300-51 103755 ARCINIEGA, ITZEL BIBIANO 1832 HAMMERTOWN DR $ 237.73 124-060-09 103758 MAGANA, ROBERTO V & MA 3209 PENELOPE DR $ 680.86 122-050-01 103761 CRUZ, MARYELLA P 3807 BERNINI CT $ 237.73 094-360-48 103763 THOMPSON TR, A ANNE 6024 PALAMINO CT $ 237.73 090-080-30 103764 THOMPSON TR, A ANNE 9223 CHERBOURG WY $ 237.73 121-180-29 103833 SPSSM INVESTMENTS-IV LP 2150 FONTANA AV $ 410.70 137-216-02 103834 436 OAK ST LLC 436 W OAK ST $ 2,433.00 094-320-15 103838 THOMPSON, A ANNE TR 6518 EL CAPITAN CI $ 105.04 137-130-50 103866 GOLDEN OPPORTUNITY NO 17 LP 130 W ACACIA ST $ 553.50 147-212-12 103868 MUHAMMAD, RIZWAN 245 E ANDERSON ST $ 2,200.00 124-150-24 103880 SINGH, SANDEEP 9852 PALAZZO DR $ 232.33 124-160-70 103881 HOLLOWAY TR ETAL, FRANCES M 3972 PALAZZO DR $ 232.33 151-240-70 103896 MADERA, ELIZABETH CALDERON 233 S UNION ST $ 9,022.89 151-240-69 103897 MADERA, ELIZABETH CALDERON 211 S UNION ST $ 9,052.99 151-240-68 103898 MADERA, ELIZABETH CALDERON 1037 E LAFAYETTE ST $ 9,022.89 094-320-11 103910 JOHNSON, KAREN L 6534 EL CAPITAN CI $ 186.84 070-320-30 103911 PHAM ETAL, HALEY T 2412 LONNIE BECK WY $ 186.84 155-470-01 103914 MAGANA ETAL, JOSE RODRIGUEZ 2460 E ANDERSON ST $ 275.40 141-100-01 103924 MARTINEZ, RAUL 1804 E FLORA ST $ 861.58 141-120-25 103930 VINIEGRA TR, GUSTAVO G & DOLOR 547 GRATTAN AV $ 1,424.40 139-224-14 103932 BANDALI, MOHAMED & NASEEM 719 E FREMONT ST $ 1,159.92 157-082-18 103944 MORENO, JOSEPH LUZ & GINA WILSON 606 RENDON AV $ 275.40 141-130-09 103946 GIL, JANNETH MAGANA 640 N D ST $ 275.40 155-454-09 103948 YBARRA, GERALD & SARA 749 SULLIVAN AV $ 275.40 155-250-09 103951 HERNANDEZ, ALEJANDRO A 351 S ASH ST $ 275.40 117-300-24 103953 DD HOME INVESTMENTS LLC 1746 PINCHOT ST $ 275.40

EXHIBIT 1
1309
2026 NSS Assessment List – Delinquent Accounts
679 $ 1,964,107.22
LOCATION PARCEL# PAST DUE
AR CUSTOMER NAME LOCATION STREET# DIR LOCATION ST.NAME
155-260-08 103955 ROMERO, JESUS DEL & ROSARIO DE LA ROCHA 407 S LAUREL ST $ 399.11 155-070-03 103956 VILLANUEVA, MARCO 713 S EUGENIA ST $ 452.63 155-060-06 103957 HERNANDEZ, TINA MARIE 625 S EUGENIA ST $ 272.85 151-295-03 103958 BUTLER EST, JESSIE LIFE 1422 E CHURCH ST $ 456.19 143-451-20 103960 IRIGOYEN, DIEGO 2817 ANITA ST $ 452.63 151-031-09 103963 ZAVALA, RAUL 1151 N PILGRIM ST $ 578.89 169-076-14 103968 MONTES ETAL, YOLANDA 2112 S PILGRIM ST $ 456.19 151-294-06 103972 ACEVEDO, JOSEPH A 607 S SIERRA NEVADA ST $ 582.45 157-181-03 103973 SEGURA, ROSALIO RODRIGUEZ 507 NETHRTON AV 1/2 $ 452.63 157-182-22 103975 FERNANDEZ, JOSE ANGEL 432 NETHERTON AV $ 456.19 171-132-18 103978 WHEELER, LESLIE 2459 BELAIR ST $ 272.85 173-440-10 103979 ZUNIGA, FRANCISCO H & ESPERANZ 3452 LADD TRACT CT $ 454.41 171-390-18 103980 ELKO PROPERTY MANAGEMENT LLC 2308 CAMBRIA DR $ 272.85 157-082-15 103981 GUTIERREZ, GEORGINA 531 S GOLDEN GATE AV $ 272.85 125-130-17 103984 BAREACH OLUSYAR 65 E ARCADE ST $ 3,662.76 155-330-10 103986 JACOBO, DENISE 2280 E HAZELTON $ 19,278.76 151-331-03 104003 RIZWAN, NAGINA 1222 E WORTH ST $ 1,611.28 072-200-31 104017 CLOSE, WILLIAM E 1316 CHAPARRAL WY $ 7,571.14 078-290-14 104020 SUN ETAL, NIKMALEN M 2803 OTTO DR $ 228.90 078-410-41 104022 DHATT NARINDER K 3002 ANGEL DR $ 228.90 079-090-04 104023 SMITH JR, HAROLD EDWARD 8922 SAN PASQUAL WY $ 1,524.10 079-326-17 104026 CHALK, JOHN 617 CIMARRON AV $ 228.90
079-390-35 104027 TANKERSLEY TR, ESTHER 8441 BARI CT $ 228.90 079-450-31 104029 NGUYEN TR, HANNAH 42 MARTINIQUE CT $ 2,134.58 080-090-35 104030 LINDHOLM, JASON & MARY JANETTE 2909 CHAUNCY CI $ 1,084.26 081-160-36 104033 SAXTON, JACQUELINE G 312 LESLIE AV $ 228.90 081-331-09 104034 EYESX FAMILY PARTNERSHIP 6025 FILLMORE AV $ 228.90 082-100-48 104035 LEWIS, STEPHEN 8428 HAMILTON WY $ 2,501.78 082-170-45 104036 FONG, EUGENE & NANCY 8229 RICHLAND WY $ 245.70 088-010-03 104037 UNION PACIFIC CORPORATION 1 *UNASSIGNED $ 3,308.15 088-090-29 104038 GENNOE, ANTHONY K II & SHAWNA 8615 NEWGATE CT $ 245.70 088-370-53 104039 OROK, JANET 8714 DEER CREEK CI $ 237.30 090-310-48 104040 JONES, LATRICE 8244 FONTENAY WY $ 237.30 090-530-31 104041 YU, QIU JU & ZHAO MING 8414 ALMONDWOOD LN $ 245.70 094-020-43 104042 KENER MCADAM PAMELA L TR ETAL 720 E HAMMER LN $ 237.30 097-630-31 104044 L V W HOMES #3 C/O LILVAL INC 1 *UNASSIGNED $ 237.30 100-120-71 104045 MONTALVO, JOHN & MARIA 6809 GORDON CT $ 767.75

EXHIBIT 1
1310
2026 NSS Assessment List – Delinquent Accounts
679 $ 1,964,107.22
LOCATION PARCEL# PAST DUE
AR CUSTOMER NAME LOCATION STREET# DIR LOCATION ST.NAME
102-220-15 104046 AHMAD, SHAKEEL 73 W MARCH LN $ 237.30 108-110-15 104050 GARCIA, FRANCISCO JAVIER 1245 W LONGVIEW AV $ 237.30 110-190-06 104051 RESIDENCES AT BROOKSIDE LLC 3939 N PERSHING AV $ 2,538.07 113-370-27 104054 CARTER, JASMINE M 660 LEXINGTON AV $ 5,416.84 115-260-07 104056 MULDRE, DESHANE 3807 N CALIFORNIA ST $ 237.30 117-160-11 104058 HERROLD JERRY VIRGIL 2011 N SIERRA NEVADA ST $ 2,859.72 117-200-18 104059 VALLE, IRMA DEL & ENRIQUEZ LAVALLE 1443 E HARDING WY $ 2,033.25 117-242-02 104060 LOPEZ, MARIO ERNESTO 1826 BISHOP ST $ 2,764.50 127-080-10 104061 SINGH ETAL, SUKHWANT 1610 N EL DORADO ST $ 1,104.30 128-010-02 104062 UNION PACIFIC RAILROAD COMPANY 3102 E HAMMER LN $ 595.72 133-020-47 104063 TAPIA ETAL, ANTONIO 1255 DORAY CT $ 245.70 133-160-36 104065 FIJI ETAL, JEANETTE R 2401 W WILLOW ST $ 237.30 133-250-14 104066 BERNAL, ANDRES A VELEZ 1347 CARLTON AV $ 237.30 133-280-07 104067 JACOBO ETAL, JESSE ANTHONY 2006 SHIMIZU DR $ 1,205.22 133-300-51 104068 LONGFELLOW, SAMUEL L 1231 SAN JUAN AV $ 237.30 135-221-05 104069 CANEZ ETAL, DEMECIO 1305 W MAGNOLIA ST $ 245.70 135-270-45 104070 DIAZ, JULIO CESAR 1120 W OAK ST $ 237.30 128-440-44 104072 KB HOME NORTH BAY INC 2323 E MCALLEN RD $ 237.30 153-040-21 104073 WILSON WAY PROPERTY TRUST MANEETPAL S DEOL & AMANPREET K 106 FLORENCE ST $ 1,078.40 179-300-09 104074 U S POSTAL SERVICE 3012 TRANSWORLD DR $ 432.60 077-470-04 104075 7277 PACIFIC AVENUE LLC 7233 PACIFIC AV $ 4,749.88 081-224-05 104076 LOPEZ TR, PATRICIA A 212 SERRANO WY $ 228.90 084-180-04 104077 WASHINGTON, MELISSA CHERI 550 GIANNA WY $ 237.30 102-350-22 104078 CARDENAS, MARLENE 4332 PACIFIC AV 44 $ 3,106.20 104-110-17 104079 JINDAL ETAL, RAJESH 4830 KENTFIELD RD $ 413.76 116-540-53 104080 LOPEZ, JOSE A TORRES 4322 RIVERBANK CT $ 237.30 139-051-04 104084 SHER PROPERTY HOLDINGS LLC, MK INVMNT GROUP,INC; 3 STAR 807 N EL DORADO ST $ 24,399.93 179-260-64 104086 SANDHU ETAL, JASBIR S 4837 S STATE ROUTE 99 E FR RD $ 237.30 179-190-03 104087 SINGH, MANDHIR & MANPREET KAUR 5133 S STATE ROUTE 99 E FR RD $ 237.30 139-162-04 104089 VIDALES, MANUEL 330 E OAK ST $ 6,577.12 168-130-40 104095 RANGEL ETAL, MARIA T 4821 MCDOUGALD BL $ 228.90 167-184-03 104096 CHUCKY HOLDINGS LLC 904 E FIRST ST $ 228.90 166-050-44 104097 PHAN, ANH THI TRAM 4807 MIRAMARE LN $ 228.90 165-055-11 104099 WYRICK JR ETAL, JACK ROSE WYRICK 302 W FOURTH ST $ 6,094.51 164-390-38 104100 NORTHGATE OWNERS ASSOCIATION 816 QUEENSLAND CI $ 228.90 164-240-73 104101 SUTHERLUND, MARK H 3560 E W S WOODS BL $ 2,606.90 164-240-61 104102 CHAVEZ, KEVIN URIEL ELICEA 1153 BRICK & TILE CI $ 228.90

EXHIBIT 1
1311
2026 NSS Assessment List – Delinquent Accounts
679 $ 1,964,107.22
LOCATION PARCEL# PAST DUE
AR CUSTOMER NAME LOCATION STREET# DIR LOCATION ST.NAME
164-220-12 104103 NUANCE INVESTMENT INC 520 CAROLYN WESTON BL $ 6,233.94 163-790-58 104104 RACHAL CHARLANDRA 1734 CROSSBOW LN $ 228.90 139-193-01 104107 AHMED, PERVEZ 404 E VINE ST $ 2,180.00 163-120-56 104109 REDMON, LONDELL DEAN 634 CHICAGO AV $ 228.90 163-120-31 104110 HUMPHREY, CORNELIUS 754 BOSTON AV $ 237.30 163-120-30 104111 LOMAS, MARGARITA AMELIA 744 BOSTON AV $ 228.90 163-060-23 104112 SS STOCKTON CA LLC 1880 W CHARTER WY $ 228.90 155-480-23 104115 RAMOS DAVID 941 BURKETT AV $ 675.00
141-250-39 104116 LUNA, ARMANDO M 2410 E POPLAR ST $ 6,164.80 155-040-07 104118 MOALA, LOPETI & DESDEMONA 1647 E SONORA ST $ 237.30 153-280-10 104119 POSADO, JOE E 519 N FILBERT ST $ 1,380.90 153-201-08 104121 GAMINO MAURO R 2270 E WASHINGTON ST $ 228.90 153-201-22 104122 GAINES, BETTIE J 234 S D ST $ 228.90
151-340-20 104123 GRODE, AARON J 1115 E CLAY ST $ 7,637.90 147-030-20 104124 ZIADEH, HAMZA 547 S LINCOLN ST $ 237.30 151-300-11 104125 UNION PACIFIC RAILROAD COMPANY 1 *UNASSIGNED $ 1,506.75 147-050-13 104126 SALEH, ADAM S A 904 S LINCOLN ST $ 237.30 149-190-07 104127 RVDF LLC 29 N AURORA ST $ 39,860.96
149-170-11 104128 OWP PHASE II LP 434 E WEBER AV $ 733.35 147-086-04 104130 SHERGILL, KIRPAL SINGH 201 TURNPIKE RD $ 6,378.30 151-080-30 104132 RODRIGUEZ, ARMANDO C & ESTHER 1010 E OAK ST $ 2,885.00 151-220-02 104134 MARTINEZ, BENJAMIN JR 920 E MARKET ST $ 7,513.00 155-220-02 104135 GUZMAN, JOEL & LILLIAN 1732 E MAIN ST $ 4,651.00 135-260-11 104136 SAHARA WIRELESS INT'L INC 345 N YOSEMITE ST $ 3,492.75 143-210-04 104137 PLATINUM PROPERTIES LLC 3076 ANITA ST $ 700.00 111-351-23 104139 JOHNSON, DAVID J 1775 W ALPINE AV $ 4,037.90 165-280-30 104142 CAMACHO, CARLOS A & CARLOS CAMACHO 2809 S LINCOLN ST $ 412.40 072-080-32 104147 SEBHATU, AWET M 1926 PAWNEE WY $ 1,433.58 151-160-59 104157 CASTILLO, RAFAEL 220 N PILGRIM ST $ 2,499.00 151-130-39 104174 CHOI, YOUNGSOON 321 N SIERRA NEVADA ST $ 627.12 151-060-17 104175 DD HOME INVESTMENTS LLC 735 N PILGRIM ST $ 694.69 153-090-12 104176 ELKO PROPERTY MANAGEMENT LLC 1933 MYRTLE ST $ 627.12 169-190-04 104178 TOPALIAN, GEVORK 1507 E SIXTH ST $ 399.36 177-200-11 104180 VU, TIMOTHY 3412 BELLEVIEW AV $ 272.48 151-074-15 104181 ROJAS, MIGUEL 708 N AIRPORT WY $ 1,286.92 153-090-31 104182 LARSON, GERALD II 1923 E MARKET ST $ 361.92 151-075-12 104185 MENDOZA, JOSE DOUGLAS PACHACA GLORIA STE GONZALES 830 N SIERRA NEVADA ST $ 361.92

EXHIBIT 1
1312
2026 NSS Assessment List – Delinquent Accounts
679 $ 1,964,107.22
LOCATION PARCEL# PAST DUE
AR CUSTOMER NAME LOCATION STREET# DIR LOCATION ST.NAME
153-270-36 104197 MUNOZ, RAMON 2447 E MINER AV $ 109.19 143-090-32 104199 RSF PROPERTIES LLC 2701 E POPLAR ST $ 361.92 157-160-38 104201 VIVERO, EDUARDO 1027 S GARDEN AV $ 361.92 153-194-16 104202 ALAVI MIR SHUJAUDDIN AHMED & S 2335 E WASHINGTON ST $ 361.92 155-280-26 104203 BAHAD ETAL,CHANDNI & GAGANPREE 2055 E SCOTTS AV $ 361.92 137-23-16 104207 STANDARD INS CO 10265 NE TANASBOURNE DR 1224 N COMMERCE ST 1 $ 830.80 068-270-21 104214 HAAS, EDWIN L 10450 FRESHWATER PT $ 785.20 070-600-68 104215 DUENAS, ROBERT S & LORI LYNN 10435 GALVESTON WY $ 785.20 155-340-27 104221 GARCIA, MARIA DE JESUS 2250 E CHURCH ST $ 367.12 179-460-03 104222 HERNANDEZ,JOSE FRANCISCO ORNEL 3109 MCCOOK WY $ 272.48 072-110-08 104246 ZACARIAS, MARTIN & ESTHER 1959 COLT DR $ 1,494.00 072-420-16 104249 DE LA CRUZ, ANGEL 8723 DAVIS RD $ 11,656.92 090-090-25 104254 TRAN, HIEU & HOLLY 9315 CHERBOURG $ 185.12 075-290-38 104261 OLSON, MICHELLE B & ERIK T 1034 BURNS WY $ 376.98 147-263-01 104264 PIEDRASANTA, JOEL E BONILLA 406 E CLAY ST $ 185.12 077-300-01 104276 SKYWAY BUILDERS DEVELOPERS LLC 7826 AMBER WY $ 608.40 077-470-08 104277 7277 PACIFIC AVENUE LLC 7277 PACIFIC AV 1 $ 1,119.04 078-180-13 104279 GOGNA, JOSEPH 2507 FALLENLEAF DR $ 428.48 078-310-43 104281 PEREZ, RAMON & PATTIE CORONILLA 9545 BISMARK PL $ 622.96 079-153-06 104282 TAVITA, BRINA LOISE & RICKY WRIGHT 808 SAN MIGUEL AV $ 608.40 165-154-24 104291 ESTRADA, RAFAEL C 2121 S EL DORADO ST $ 39,144.80 079-350-42 104293 JES INVESTORS LLC 8028 N EL DORADO ST $ 535.60 079-370-22 104294 MORAGA, OSCAR 8329 RANNOCK DR $ 1,588.08 080-230-16 104298 TO, DENNIS 2414 BURLINGTON PL $ 626.08 149-040-11 104303 104 MARKET ST TRUST 104 E MARKET ST $ 1,214.08 081-413-03 104305 OCHOA, ALEJANDRO G 106 W MAYFAIR AV $ 1,006.08 141-234-04 104314 SCHWYHART, JEFFERY R 2436 E FLORA ST $ 652.57 149-040-09 104318 PALO ALTO DIAGNOSTIC SERVICES 138 S EL DORADO ST $ 4,444.34 082-170-48 104319 HUARACHA ETAL, MUGUEL JESUS 8315 RICHLAND WY $ 352.79 147-240-05 104321 FERREYRA, TERESA 440 E WORTH ST $ 2,980.00 151-033-16 104324 CORRALES, MARIA 1331 ROOSEVELT ST $ 358.44 169-162-06 104327 LOPEZ, JESSICA 2117 PHELPS ST $ 363.59 155-190-43 104328 MARTINEZ, MARIA 1843 E MARSH ST $ 358.44 151-031-15 104329 LARSON, JOAN BRODMAN 1101 N PILGRIM ST $ 358.44 088-150-20 104335 PERKINS TR ETAL, JOHN R SR 1127 ENVIEW CT $ 1,026.55 088-190-20 104336 WILLIAMS, KANEISHA E 1129 KNICKERBOCKER DR $ 424.36 088-212-16 104337 NEUHOF, ANDREW MICHAEL RYAN 819 DU PONT DR $ 183.34

EXHIBIT 1
1313
2026 NSS Assessment List – Delinquent Accounts
679 $ 1,964,107.22
LOCATION PARCEL# PAST DUE
AR CUSTOMER NAME LOCATION STREET# DIR LOCATION ST.NAME
088-220-44 104339 MACHUCA TR, ALICE R 634 GOTHAM DR $ 4,352.78 088-330-06 104342 WALTERS, CHRISTOPHER 9109 BLUE GRASS DR $ 777.65 090-130-47 104346 ESTRADA, MARIO S FELIPA S SOTELO 9321 KIRKBY LN $ 1,310.54 090-210-06 104348 AKJ FAMILY LP 8407 NEUBOURG DR $ 1,916.83 090-550-11 104349 CEJA, JUAN & MARIA 9441 TUSCANY CI $ 1,190.20 094-290-47 104355 SHEIKH, ABDUL RAZZAQ & SITARA RAZZAQ 7004 MONTAUBAN AV $ 620.06 096-110-28 104357 LOPEZ, ARTHUR & TASHA CERVANTES 5814 CARIBBEAN CI $ 620.06 096-130-41 104358 CARBAJAL, JAVIER JR 5761 CARIBBEAN CI $ 620.06 096-130-47 104359 SINGH, JASBIR 5749 CARIBBEAN CI $ 620.06 097-462-38 104369 PARVIEW LIVING LLC 1131 W SWAIN RD $ 616.97 102-040-03 104374 MOUA, SIA MENG 647 E MAYFAIR AV $ 602.55 102-070-04 104376 WUBESHET ETAL, KELELA 958 E YORKSHIRE DR $ 1,791.17 102-160-18 104377 GOOD NEIGHBOR HOMES LLC 211 E YORKSHIRE DR $ 6,096.10 167-026-21 104379 NATIONS DIRECT MTG LLC 1516 S HUNTER ST $ 583.00 141-090-37 104384 ARORA TR, ATUL & SHEFALI 1 *UNASSIGNED $ 614.04 102-230-02 104388 WTM GLIMCHER LLC 5110 PACIFIC AV $ 1,583.29 133-046-03 104390 DIAL, LESTER T JR & M 2728 LOUIS CT $ 1,346.04 104-130-40 104393 RICHARD, JAMES & Y 4940 HILLSBORO WY $ 614.04 104-010-02 104394 UNION PACIFIC CORPORATION 1 *UNASSIGNED $ 770.10 104-130-38 104395 FRANCOIS ETAL, MARQUES A 705 CAMBRIDGE DR $ 2,455.04 104-160-36 104398 CA STOCKTON MARCH LLC 1050 E MARCH LN $ 596.70 141-213-09 104402 ALVA-COBB TRESCHEL ETAL 2222 E FLORA ST $ 1,905.04 096-160-41 104416 DEAN, WILLIE 5288 BARBADOS CI $ 785.98 111-340-56 104419 CALIFORNIA ADU TINY HOMES LLC 3555 GRANGE AV $ 596.70 111-363-29 104420 DIMAS, GERALD S & GENEVIEVE D 1865 MICHIGAN AV $ 1,489.20 111-391-02 104421 YORK TR, SAMUEL T 1646 PRINCETON AV $ 782.34 112-320-07 104422 SHEIKHIVIJEH, MEHDI 3591 QUAIL LAKES DR 81 $ 792.54 113-084-13 104423 GIANNINI TR, RICHARD RALPH 2236 N YOSEMITE ST $ 2,029.80 113-130-33 104424 NELSON, SHERI 1034 W MARIPOSA AV $ 1,563.98 113-221-17 104426 STOREY TR ETAL, JOHN W SR 645 REGENT S ST $ 2,567.70 124-180-10 104427 SECRETARY OF HUD 9434 LEMBERT DOME CI $ 237.30 115-161-04 104431 DAZA FAMILY TRUST 3707 N HUNTER ST $ 1,310.70 115-241-20 104432 SULLIVAN ETAL, HARLEY D 621 E ESSEX ST $ 1,419.11 168-080-13 104433 US BANK TR NATIONAL ASSOC. 4150 BLAKE CI $ 614.04 116-340-14 104438 YU XIAOFENG & CHEN MIAOYU 3171 AUTUMN CHASE CI $ 953.70 117-130-41 104441 HERNANDEZ ETAL, LUIS E & MARIA 1946 ORWOOD ST $ 953.70 117-140-16 104442 STOCKTON PROPERTY INVT LLC 1800 N WILSON WAY $ 1,146.04

EXHIBIT 1
1314
2026 NSS Assessment List – Delinquent Accounts
679 $ 1,964,107.22
LOCATION PARCEL# PAST DUE
AR CUSTOMER NAME LOCATION STREET# DIR LOCATION ST.NAME
117-200-19 104443 GHG INVESTMENTS LLC 1421 E HARDING WAY $ 420.24 117-330-26 104444 RHODE TR, KYLE K 1200 FUNSTON AV $ 614.04 117-410-39 104445 SALOME, SERGIO MORALES 2108 OAK BRANCH DR $ 596.70 149-064-12 104447 BELL ETAL, PHEAKDEI NORA 121 E CHURCH ST $ 9,890.20 118-430-06 104449 LOPEZ ETAL, PEDRO ANTONIO S 5143 POPPY HILLS CI $ 596.70 121-050-12 104450 RMSO PROPERTIES INC. 2726 N WISCONSIN AV $ 11,266.10 122-150-08 104454 GANNER, KIMBERLY L 3004 LENNON WY $ 770.10 124-180-17 104455 BARNETT, GLORIA P 9392 LEMBERT DOME CI $ 318.24 133-114-04 104456 FERRUFINO, JOHANNA 2420 W ACACIA ST $ 675.00 126-180-15 104460 K2L PROPERTY MANAGEMENT LLC 1 *UNASSIGNED $ 943.50 126-270-34 104462 DOMINGUEZ, ERNESTO & KIMBERLY 3137 SONATA CI $ 420.24 127-120-01 104463 SUAREZ, LUIS A BARAJAS 2130 N HUNTER ST $ 176.46 127-133-01 104464 EASTER ETAL, LELA 1776 N HUNTER ST $ 2,078.44 102-230-10 104465 WTM STOCKTON LLC 4905 CLAREMONT AV $ 2,315.04 153-180-01 104467 LIBERTY INVESTMENT LLC 103 N E ST $ 375.00 151-280-29 104475 SINGH, SUKHWANT 920 E HAZELTON AV $ 1,330.50 173-070-01 104484 WMK PROPERTIES LLC 3808 E FARMINGTON RD $ 1,838.27 173-070-03 104485 WMK PROPERTIES LLC MANPREET & BIKRAM-JIT 3706 E FARMINGTON RD $ 1,658.49 133-230-70 104488 BARNES ETAL, JEFFREY B 2173 MONTE DIABLO AV $ 174.73 135-050-44 104493 GUZMAN-EUCEDA, WALTER A 1741 W ACACIA ST $ 1,467.87 127-070-25 104494 7277 PACIFIC AVENUE LLC 5 E HARDING WY $ 732.25 151-206-04 104496 TORRES TR, MARIA CARMEN 1244 E MAIN ST $ 2,338.27 165-270-16 104498 GOD HOUSE PROPERTIES LLC 2705 S HARRISON ST $ 2,030.25 135-260-22 104500 SAHARA WIRELESS INT'L INC. 1038 W FREMONT ST $ 1,469.62 135-300-33 104501 REINARES, JONATHAN C & M 1020 W ROSE ST $ 2,515.02 135-430-03 104502 THE MOLINA FAMILY TRUST - ENRIQUE MOLINA 1036 W PARK ST $ 592.87 137-041-05 104504 JUNKER, RICHARD F 1856 N EDISON ST $ 590.85 151-210-59 104505 CASTILLO, RAFAEL 1430 E MAIN ST $ 1,661.52 137-102-10 104507 MORRIS ETAL, FRED G ESTATE 1115 N HARRISON ST $ 1,144.35 151-021-21 104510 LIANG, SUYAN 1244 N UNION ST $ 14,598.36 137-164-13 104511 SEIBEL, PHILLIP & CASSIA 537 W PARK ST $ 3,691.77 137-203-15 104518 AIYUB, MOHAMMED 610 N MONROE ST $ 2,664.50 175-140-28 104522 GONZALEZ, EVELIA 3641 HARVEY AV $ 3,494.82 072-100-09 104523 MAC ACU A 9506 HICKOCK DR $ 608.02
157-183-17 104525 CAYA MORTGAGE SERVICES LLC 3509 HORNER AV $ 608.02 115-200-47 104526 BRADFORD, WILLETTE 203 E GIBSON ST $ 1,315.02 147-202-05 104529 SELFRIDGE NANCY M 240 E JEFFERSON ST $ 428.24

EXHIBIT 1
1315
2026 NSS Assessment List – Delinquent Accounts
679 $ 1,964,107.22
LOCATION PARCEL# PAST DUE
AR CUSTOMER NAME LOCATION STREET# DIR LOCATION ST.NAME
139-020-15 104531 AHMED ETAL, PARVEZ & FATIMA BIBI 140 E HARDING WY $ 1,037.80 149-263-04 104533 SU YUN BIAO 732 E LAFAYETTE ST $ 1,870.02 157-102-13 104540 SOK, PHAL 818 S SHASTA AV $ 356.53
145-310-26 104546 PROPCENVALLEY LLC 1337 W CHURCH ST $ 602.00 081-050-48 104552 C B MERCHANT SERVICES 523 PRADO WY $ 412.00 139-166-02 104553 SANCHEZ, MIGUEL ANGEL 534 E OAK ST $ 3,050.00 125-090-20 104561 NESSEN, DANNY ANDREW 46 W ADAMS ST $ 178.00 080-060-31 104562 JENNINGS, DAVE J & ELENOA T S 3320 ADMIRAL DR $ 977.00 166-420-37 104566 STARK, DAVID 5127 ALEE LN $ 424.00
167-220-01 104567 GAYLE, SANTE D & NINA GAYLE GUTIERREZ 2043 S AMERICAN ST $ 1,827.00 157-122-02 104568 BERNAL ETAL, JORGE & FREDA A 2930 E ANDERSON ST $ 602.00 163-260-19 104569 HUBBARD EST, RAYMOND W & K J 1213 W ANDERSON ST $ 675.00 166-390-31 104572 JONES, VERNETTE 1733 BARTLETT CT $ 799.00 151-042-25 104573 DOMINGUEZ, LORENZA S 1060 N PILGRIM ST $ 8,184.50 171-280-22 104575 CHANROUN, CATHY DAWN 2266 CAMBRIA DR $ 1,900.00 139-192-07 104586 SINGH HOME FLIPS LLC JASWINDER SINGH 1135 N SUTTER ST $ 1,759.31 123-300-14 104587 WOFFORD, SARRA E 2138 CLIPPER LN $ 424.00 141-204-12 104588 PRUETT, RONALD D & J C 2339 E POPLAR ST $ 977.00 141-205-02 104589 MERRIHEW TR, MICHAEL ANTHONY 830 N E ST $ 602.00 145-300-06 104595 STRATEGIC ENTERPRISES INC 124 FRESNO AV $ 6,213.00 137-130-44 104597 SHAM TR, KA WAI 117 W POPLAR ST $ 977.00 145-240-38 104600 DOMINGUEZ, JACOB H 407 S STOCKTON ST $ 170.00 145-240-40 104601 BEY, DARIO BROWN 411 S STOCKTON ST $ 1,452.00 155-130-07 104609 AB QUALITY HOMES LLC 903 S A ST $ 1,617.00 147-152-17 104611 SHER PROPERTY HOLDINGS LLC 1120 S COMMERCE ST $ 233.00 147-180-06 104612 CARVAJAL, DAVID HUIZAR 1205 S SAN JOAQUIN ST $ 585.00 147-310-10 104615 BYRD, VICTOR & ANNIE 947 S AURORA ST $ 782.00 149-065-05 104616 ALGAZZALI ETAL, RAHBAN 311 S SAN JOAQUIN ST $ 348.00 163-260-23 104617 HUBBARD, THOMAS WELLS & PATRICIA HUBBARD 820 S PERSHING AV $ 2,315.00 173-070-23 104618 HB COMMERCIAL LLC 3745 PETERSEN RD $ 20,317.00 149-094-18 104624 SECURE HOME OFFER LLC 432 E SONORA ST $ 4,274.00 149-190-03 104625 RVDF LLC 1 UNASSIGNED $ 9,351.00
151-050-10 104626 LOVELY SHANE 1245 E POPLAR ST $ 2,021.00 149-270-58 104627 SINGH ETAL, LAKHWINDER & KAMALJOT KAUR 816 E CHURCH ST $ 1,862.25 149-263-06 104632 SABER, OMAR & GEORGIANE E SIERHAUS 744 E LAFAYETTE ST $ 3,311.00 121-180-16 104638 STOCKTON 18, LLC JIMONE BEROOKHIM 2718 COUNTRY CLUB BL $ 967.54 151-094-06 104640 PROSPEROUS INVESTMENT PROPERTI 545 N SIERRA NEVADA ST $ 777.00

EXHIBIT 1
1316
2026 NSS Assessment List – Delinquent Accounts
679 $ 1,964,107.22
LOCATION PARCEL# PAST DUE
AR CUSTOMER NAME LOCATION STREET# DIR LOCATION ST.NAME
151-094-08 104641 CORONADO, NORMA PATRICIA G 523 N SIERRA NEVADA ST $ 602.00 151-240-14 104644 UP FAMILY 2024 REV LIVING TR JESSICA PHIN 1123 E WASHINGTON ST $ 12,898.00 151-251-09 104646 BLVCGROUP LLC 1345 E WASHINGTON ST $ 5,725.00 153-030-12 104651 SANCHEZ, RANDY S & MARTHA A 1604 E MINER AV $ 955.00 149-190-04 104654 RVDF LLC 832 E WEBER AV $ 853.00
153-111-07 104655 SINGH, AMANDEEP 2075 E WEBER AV $ 3,160.00 153-111-03 104656 LIBERTY INVESTMENT LLC 2101 E WEBER AV $ 602.00 080-110-05 104681 NEWREZ LLC 9415 KIMBROUGH CT $ 304.87 151-096-01 104689 SOTO-MIRANDA, FLAVIO & MARIA MENDOZA-NUNEZ 1400 E OAK ST $ 602.00 153-102-06 104696 SHER PROPERTY HOLDINGS LLC 2060 E WASHINGTON ST $ 508.75 102-230-01/19 104697 PH STOCKTON CA SAC LLC 504 W YOKUTS $ 2,315.04 149-091-12 104698 348 SAN JOAQUIN LLC 344, 346, 348 S SAN JOAQUIN ST $ 67,733.00 094-120-09 104705 SECRETARY OF HOUSING & URBAN DEVELOPMENT 6328 ECTOR WY $ 1,514.80

EXHIBIT 1
1317
City of Stockton
Legislation Text
File #: 26-0656, Version: 1
TO ADOPT AN ORDINANCE AMENDING TITLE 15, CHAPTER 24, SECTION 15.24.030 OF THE STOCKTON MUNICIPAL CODE BY AMENDING SECTION 15.24.030.I AND ADDING SECTION

15.24.030.QQ AND SECTION 15.24.030.RR WITH RESPECT TO THE 2024 INTERNATIONAL

PROPERTY MAINTENANCE CODE AS PREVIOUSLY ADOPTED

RECOMMENDATION
It is recommended that the City Council adopt an ordinance:

1. Amending Title 15, Chapter 15.24, Section 15.24.030.I of the Stockton Municipal Code to properly reflect a code section of the International Property Maintenance Code that was improperly codified in the original adoption of this Section;

2. Amending Title 15, Chapter 15.24, Section 15.24.030 of the Stockton Municipal Code by adding Section 15.24.030.QQ to amend a provision of the International Property Maintenance Code as previously adopted to properly align with the existing records retention policy of the City of Stockton; and

3. Amending Title 15, Chapter 15.24, Section 15.24.030 of the Stockton Municipal Code by adding Section 15.24.030.RR to amend a provision of the International Property Maintenance Code as previously adopted to clarify the height of overgrown vegetation constituting a violation.

It is further recommended that the City Manager, or designee, be authorized to take all appropriate and necessary actions to carry out the purpose and intent of this ordinance.

Summary
This ordinance amends Chapter 15.24 of the Stockton Municipal Code (“SMC”) to correct a technical codification error in the City’s adoption of the 2024 International Property Maintenance Code (“IPMC”), align record-retention requirements with the City’s existing records retention policies, and establish a local standard prohibiting weeds and plant growth exceeding six inches in height. These amendments are administrative and technical in nature and are intended to improve clarity, consistency, and enforceability of Chapter 15.24, “Property Maintenance Code.” (Attachment A)

DISCUSSION
Background
In 2025, the Stockton City Council undertook a comprehensive update to the City’s regulatory framework by repealing SMC Chapter 15.24 (“Housing Code”) and Chapter 15.28 (“Uniform Code for City of Stockton Page 1 of 3 Printed on 7/2/2026
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File #: 26-0656, Version: 1
the Abatement of Dangerous Buildings”). In their place, the City Council adopted a newly consolidated SMC Chapter 15.24, titled the "Property Maintenance Code." The primary objective of this legislative overhaul was to eliminate outdated “model” codes and transition to modern, unified standards. By adopting the 2024 Edition of the IPMC and incorporating it by reference with specific local amendments, the City successfully aligned the code enforcement mechanisms used by Neighborhood Services with the modern systems utilized by the Community Development and Fire Departments. This transition has significantly improved inter-departmental communication, inspection coordination, and overall procedural efficiency.

Following the implementation and practical application of the newly adopted Property Maintenance Code, staff identified one technical codification error and two regulatory gaps within the adopting ordinance. Specifically, these items involve an incorrectly cited IPMC section regarding emergency measures, an inconsistency between IPMC language and the City's established records retention schedules, and a missing localized standard regarding overgrown vegetation heights. The proposed ordinance amendments seek to rectify these minor administrative and technical oversight issues to ensure the SMC remains accurate, legally enforceable, and aligned with City operational policies.

Present Situation
Since the adoption of SMC Chapter 15.24 ‘Property Maintenance Code’, the City has successfully replaced antiquated codes previously used by Neighborhood Services with the same modern code framework utilized by other departments. The adoption of the new code has enabled Neighborhood Services, the Building and Planning Divisions, and the Fire Department to better communicate and coordinate inspections and procedural matters. However, during the practical implementation of the new code, it became obvious some revisions were needed.

When the original ordinance was drafted, the amendment contained in SMC 15.24.030.I was incorrectly labeled. The current amendment references Chapter 1, Section 109.5, when it should instead reference Chapter 1, Section 109.1.5. Amending the Code, as proposed, will rectify this misidentification.

Additionally, Neighborhood Services Sections’ document retention policy requires the retention of case documents for three years following the resolution of the case. The IPMC, as currently adopted by the City, requires retention for not less than five years or for as long as the building or structure to which such records relate remains in existence, unless otherwise provided by other regulations.

These inconsistent retention requirements should be reconciled through the addition of SMC Section

15.24.030.QQ, which will align the IPMC with the City's existing records retention policy.

Finally, Section 302.4 of the IPMC does not establish a maximum height for weeds or plant growth because the code is intended to allow local jurisdictions to adopt their own standards. Unfortunately, this section was not amended with the original adoption of the IPMC. This oversight will be remedied through the addition of SMC Section 15.24.030.RR, which prohibits weeds or plant growth from exceeding six inches.

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FINANCIAL SUMMARY
Adoption of the amendment of the Stockton Municipal Code and provisions of the International Property Maintenance Code will have no negative fiscal impact.

Attachment A - Proposed IPMC Ordinance Redlined Version City of Stockton Page 3 of 3 Printed on 7/2/2026
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ATTACHMENT A
ORDINANCE NO. ______
AN ORDINANCE AMENDING TITLE 15, CHAPTER 24, SECTION 15.24.030 OF THE STOCKTON MUNICIPAL CODE BY AMENDING SECTION 15.24.030.I AND ADDING SECTION 15.24.030.QQ AND SECTION 15.24.030.RR WITH RESPECT TO THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE AS PREVIOUSLY ADOPTED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

SECTION I. FINDINGS AND INTENT
The City Council of the City of Stockton finds amending Title 15, Chapter 24, Section 15.24.030 of the Stockton Municipal Code (“SMC”) is necessary to address inconsistencies between the SMC and the International Property Maintenance Code (“IPMC”) as previously adopted.

SECTION II. AMENDMENT OF CODE
Title 15, Chapter 15.24, Section 15.24.030 is hereby amended and shall read as follows:

15.24.030 Amendments.

Notwithstanding the provisions of Stockton Municipal Code, Section 15.24.010, the International Property Maintenance Code is amended as follows:

A. Chapter 1, Section 101.1 “Title” is hereby amended and shall read as follows:

These regulations shall be known as the Property Maintenance Code of City of Stockton, hereinafter referred to as “this code.”
B. Chapter 1, Section 101.1.1 “Code official’ is hereby added and shall read as follows:

Whenever the term “code official” is used herein, it shall be construed to mean the Director, Community Development Department or the Deputy Director, Building and Safety Division or any duly delegated representative (or) Director as defined in Title 1 of the Stockton Municipal Code.

C. Chapter 1, Section 102.3 “Application of other codes” is hereby amended and shall read as follows:

Repairs, additions, or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the California Building Code, California Existing Building Code, California Energy Code, California Fire Code, California Mechanical Code, California Plumbing Code, California Electrical Code, California Historical Building Code, California Green Building Standards Code and International Swimming Pool and Spa Code. Nothing in this code shall be construed to cancel, modify, or set aside any provision of the Stockton Municipal Code Title 16, Development Code.

D. Chapter 1, Section 102.8 “Referenced codes and standards” is hereby amended and shall read as follows:
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The codes and standards referenced in this code shall be those that are listed in Chapter 8 and Section 15.24.030C of the Stockton Municipal Code and considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.8.1 and 102.8.2.

Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply.

E. Chapter 1, Section 103 “Code compliance agency” is hereby amended and shall read as follows:

Section 103.1: Agency.

The Director, Community Development Department, or duly appointed designee, shall be the official in charge and shall be known as the code official. The function of the code official shall be the implementation, administration, and enforcement of the provisions of this code.

F. Chapter 1, Section 106.1 “General” is hereby amended and shall read as follows:

In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of the code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the code official.

Exceptions: Appeals for the following Sections shall be heard in accordance with Stockton Municipal Code, Title 1, Chapter 1.44 ‘Administrative Hearings’:

Section 301.3: Vacant structures and land.

Section 302.1: Sanitation.

Section 302.3: Sidewalks and driveways.

Section 302.4: Weeds.

Section 302.5: Rodent Harborage.

Section 302.8: Motor vehicles.

Section 302.9: Defacement of property.

Section 308 et seq.: Rubbish and garbage.

Section 309 et seq.: Pest elimination.

G. Chapter 1, Section 107.2 “Notice of violation” is hereby amended and shall read as follows:

The code official shall serve a notice of violation or order in accordance with Title 1, Chapters 1.28 and 1.32 of the Stockton Municipal Code.

H. Chapter 1, Section 107.3 “Prosecution of violation” is hereby amended and shall read as follows:

Any person failing to comply with a notice of violation or order served in accordance with Title 1 of the Stockton Municipal Code shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in 1322

ATTACHMENT A
equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

Notwithstanding any of the remedies outlined above, whenever a person fails to comply with a notice of violation or order, the code official may use administrative remedies including but not limited to issuing administrative citations, notice and orders, and civil penalties.

I. Chapter 1, Section 109.1.5“Hazardous structure or premises” is hereby amended and shall read as follows:

For the purpose of this code, any structure or premises that has any or all of the conditions or defects described as follows shall be considered to be hazardous:

1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings.

2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress.

3. Any building, structure or portion thereof that is dangerous.

4. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. Pursuant to Health and Safety Code, Sections 17920 and17920.3, by definition, this shall include substandard buildings; which is any building or portion thereof, including any building used for human habitation regardless of zoning designation or approved uses of the building, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, wherein there exists any conditions to an extent that it endangers the life, limb, health, property, safety, or welfare of the occupants of the building, nearby residents, or the public and the same shall be deemed and hereby is declared to be a substandard building.

5. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act.

6. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety.

7. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or 1323

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otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. This shall include extensive visible mold growth, as determined by a health officer or a code enforcement officer, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use.

8. Any building or structure, because of a lack of sufficient or proper fire-resistancerated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health.

9. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public.

J. Chapter 1, Section 109.4 “Notice” is hereby amended and shall read as follows:

Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Title 1 of the Stockton Municipal Code to the owner or the owner’s authorized agent, for the violation as specified in this code. Notices for condemnation procedures shall comply with this section.

K. Chapter 1, Section 109.9 “Restoration or abatement” is hereby amended and shall read as follows:

The structure or equipment determined to be unsafe by the code official is permitted to be restored to a safe condition. The owner, owner’s authorized agent, operator or occupant of a structure, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. To the extent that repairs, alterations, or additions are made, or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions, or change of occupancy shall comply with the requirements of the California Existing Building Code. Pursuant to the California Health and Safety Code (HSC), Sections 17980(c)(2) and 17980(d), in deciding whether to require vacation of the building, or to repair as necessary, the City shall give preference to the repair of the building whenever it is economically feasible to do so without having to repair more than 75 percent of the dwelling and shall give full consideration to the needs for housing as expressed in the City’s housing element and, if the City determines that a building or portion thereof is substandard under this section based solely on the building or portion thereof being illegally occupied, the City shall not commence court proceedings to abate the violation by repair if all of the following conditions are met:

A. The owner declares under penalty of perjury that the occupant is illegally occupying the building.

B. The owner filed and is diligently prosecuting an unlawful detainer action against the occupant, or the occupant is being removed pursuant to Section 602 of the Penal Code.
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C. The City determines the building poses no risk to tenants, nearby residents, or the public.

L. Chapter 1, Section 110.6 “Hearing” is hereby amended and shall read as follows:

Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, in accordance with Section 106 shall be afforded a hearing as described therein.

M. Chapter 2, Section 201.3, “Terms defined in other codes” is hereby amended and shall read as follows:

Where terms are not defined in this code and are defined in the California Building Code, California Existing Building Code, California Fire Code, California Mechanical Code, California Plumbing Code, California Residential Code, Stockton Municipal Code, Title 16, Development Code or California Electrical Code, California Historical Building Code, California Green Building Standards Code and International Swimming Pool and Spa Code such terms shall have the meanings ascribed to them as stated in those codes.

N. Chapter 2, Section 202 “General definitions” is hereby amended, and the following definition shall be added:

HEALTH OFFICER. The legally designated head of the County Department of Health or the designated Health Official of the City of Stockton.

O. Chapter 3, Section 301.2 “Responsibility” is hereby amended and shall read as follows:

The owner of the premises shall maintain the structures and exterior property in compliance with these requirements and the code under which the building was constructed, except as otherwise provided for in this code. The owner or owner’s agent shall be responsible to ensure that any repairs, additions or alterations to the building or portion thereof are performed or constructed in accordance with the California Building Code, California Residential Code or California Existing Building Code. A person shall not occupy as owner-occupant or permit another person to occupy premises that are not in a sanitary and safe condition and that do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises they occupy and control. The owner and occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for not allowing any condition to exist upon the property, or within the structure, any nuisance that may be determined to affect the safety or well-being of the general public.

P. Chapter 3, Section 304.1.1 “Potentially unsafe conditions” is hereby amended and shall read as follows:

The following conditions shall be considered to be potentially unsafe, shall be assessed and shall be addressed in compliance with the California Existing Building Code, the California Residential Code or the California Building Code:

Q. Chapter 3, Section 304.14 “Insect screens” is hereby amended and shall read as follows:
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Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.

R. Chapter 3, Section 305.1.1 “Potentially unsafe conditions” is hereby amended and shall read as follows:

The following conditions shall be considered to be potentially unsafe, shall be assessed and shall be addressed in compliance with the California Existing Building Code, the California Residential Code, or the California Building Code:

S. Chapter 3, Section 306.1.1 “Potentially unsafe conditions” is hereby amended and shall read as follows:

Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be considered to be unsafe and shall be addressed in compliance with the California Existing Building Code, the California Residential Code or the California Building Code:

T. Chapter 4, Section 401.3 “Alternative Devices” is hereby amended and shall read as follows:

In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the California Building Code shall be permitted.

U. Chapter 5, Section 502.5 “Public toilet facilities” is hereby amended, respectively and shall read as follows:

Public toilet facilities shall be maintained in a safe, sanitary and working condition in accordance with the California Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises.

V. Chapter 5, Section 505.1 “Abandonment of systems” is hereby amended and shall read as follows:

Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system.

Kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the California Plumbing Code.

W. Chapter 6, Section 602.2 “Residential occupancies” is hereby amended and shall read as follows:
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Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 65°F (18°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the California Plumbing Code. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating. The installation of one or more portable space heaters shall not be used to achieve compliance with this section.

X. Chapter 6, Section 602.3 “Heat supply” is hereby amended and shall read as follows:

Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a minimum temperature of 65°F (18°C) in all habitable rooms, bathrooms and toilet rooms.

Y. Chapter 6, Section 602.4 “Occupiable workspaces” is hereby amended andshall read as follows:

Indoor occupiable work spaces shall be supplied with heat to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied.

Exceptions:

1. Processing, storage and operation areas that require cooling or special temperature conditions.

2. Areas in which persons are primarily engaged in vigorous physical activities.

Z. Chapter 6, Section 604.2, “Service” is hereby amended and shall read as follows:

The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with California Electrical Code. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a minimum rating of 60 amperes.

AA. Chapter 6, Section 604.3.1.1 “Electrical equipment” is hereby amended and shall read as follows:

Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low-voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the California Building Code.

Exception: The following equipment shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer’s representative indicates that the equipment has not sustained damage that requires replacement:

1.Enclosed switches, rated not more than 600 volts or less.

2.Busway, rated not more than 600 volts.

3.Panelboards, rated not more than 600 volts.
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ATTACHMENT A

4.Switchboards, rated not more than 600 volts.

5.Fire pump controllers, rated not more than 600 volts.

6.Manual and magnetic motor controllers.

7.Motor control centers.

8.Alternating current high-voltage circuit breakers.

9.Low-voltage power circuit breakers.

10.Protective relays, meters and current transformers.

11.Low- and medium-voltage switchgear.

12.Liquid-filled transformers.

13.Cast-resin transformers.

14.Wire or cable that is suitable for wet locations and whose ends have not been exposed to water.

15.Wire or cable, not containing fillers, that is suitable for wet locations and who seends have not been exposed to water.

16.Luminaires that are listed as submersible.

17.Motors.

18.Electronic control, signaling and communication equipment.

BB. 604.3.2.1 “Electrical equipment” is hereby amended and shall read as follows:

Electrical switches, receptacles and fixtures, including furnace, water heating, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the California Building Code.

Exception:

Electrical switches, receptacles and fixtures that shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer’s representative indicates that the equipment has not sustained damage that requires replacement.

CC. Chapter 7, Section 702.3 “Locked doors” is hereby amended and shall read as follows:

Means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the California Building Code.

DD. Chapter 7, Section 703.7 “Vertical shafts” is hereby amended and shall read as follows:

Interior vertical shafts, including stairways, elevator hoistways and service and utility shafts, which connect two or more stories of a building shall be enclosed or protected as required in Chapter 11 of the California Fire Code. New floor openings in existing buildings shall comply with the California Building Code.

EE. Chapter 7, Section 704.1 “Inspection, testing and maintenance” is hereby amended and shall read as follows:
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Fire protection and life safety systems shall be maintained in accordance with the California Fire Code in an operative condition at all times, and shall be replaced or repaired where defective.

FF. Chapter 7, Section 704.1.1 “Fire protection and life safety systems” is hereby amended and shall read as follows:

Fire protection and life safety systems shall be installed, repaired, operated and maintained in accordance with this code the California Fire Code and the California Building Code.

GG. Chapter 7, Section “Required fire protection and life safety systems” is hereby amended and shall read as follows:

Fire protection and life safety systems required by this code, the California Fire Code or the California Building Code shall be installed, repaired, operated, tested and maintained in accordance with this code. A fire protection and life safety system for which a design option, exception or reduction to the provisions of this code, the California Fire Code or the California Building Code has been granted shall be considered to be a required system.

HH. Chapter 7, Section 704.1.3 “Fire protection systems” is hereby amended and shall read as follows:

Fire protection systems shall be inspected, maintained and tested in accordance with the following California Fire Code requirements.

1.Automatic sprinkler systems, see Section 903.5.

2.Automatic fire-extinguishing systems protecting commercial cooking systems, see Section 904.14.5.

3.Automatic water mist extinguishing systems, see Section 904.11.3.

4.Carbon dioxide extinguishing systems, see Section 904.8.

5.Carbon monoxide alarms and carbon monoxide detection systems, see Section 915.6.

6.Clean-agent extinguishing systems, see Section 904.10.

7.Dry-chemical extinguishing systems, see Section 904.6.

8.Fire alarm and fire detection systems, see Section 907.8.

9.Fire department connections, see Sections 912.4 and 912.7.

10.Fire pumps, see Section 913.5.

11.Foam extinguishing systems, see Section 904.7.

12.Halon extinguishing systems, see Section 904.9.

13.Single- and multiple-station smoke alarms, see Section 907.2.9.2.

14.Smoke and heat vents and mechanical smoke removal systems, see Section 910.5.

15.Smoke control systems, see Section 909.22.

16.Wet-chemical extinguishing systems, see Section 904.5.

17.Duct and air transfer openings, see Section 706.1.

II. Chapter 7, Section 704.2.1 “Records” is hereby amended and shall read as follows:

Records shall be maintained of all system inspections, tests and maintenance in accordance with Section 109.3 of the California Fire Code.
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JJ. Chapter 7, Section 704.3 “Systems out of service” is hereby amended and shall read as follows:

Where a required fire protection system is out of service, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, either the building shall be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service. Where utilized, fire watches shall be provided with not less than one approved means for notification of the fire department and shall not have duties beyond performing constant patrols of the protected premises and keeping watch for fires.

Actions shall be taken in accordance with Section 901.7 of the California Fire Code to bring the systems back in service.

Exception: Facilities with an approved notification and impairment management program. The notification and impairment program for water-based fire protection systems shall comply with NFPA 25.

KK. Chapter 7, Section 704.3.1 “Emergency impairments”
Where unplanned impairments of fire protection systems occur, appropriate emergency action shall be taken to minimize potential injury and damage. The impairment coordinator shall implement the steps outlined in Section 901.7.4 of the California Fire Code.

LL. Chapter 7, Section 704.4.2 “Removal of existing occupant-use hose lines” is hereby amended and shall read as follows:

The fire code official is authorized to permit the removal of existing occupant-use hose lines where all of the following apply:

1.The installation is not required by the California Fire Code or the California Building Code.

2.The hose line would not be utilized by trained personnel or the fire department.

3.The remaining outlets are compatible with local fire department fittings.

MM. Chapter 7, Section 704.4.3 “Termination of monitoring service” is hereby amended and shall read as follows:

For fire alarm systems required to be monitored by the California Fire Code, notice shall be made to the fire code official whenever alarm monitoring services are terminated. Notice shall be made in writing by the provider of the monitoring service being terminated.

NN. Chapter 7, Section 704.5.1 “Fire department connection access” is hereby amended and shall read as follows:

Ready access to fire department connections shall be maintained at all times and without obstruction by fences, bushes, trees, walls or any other fixed or movable object. Access to fire department connections shall be approved by the fire chief.

Exception: Fences, where provided with an access gate equipped with a sign complying with the legend requirements of Section 912.5 of the California Fire Code and a means of emergency 1330

ATTACHMENT A
operation. The gate and the means of emergency operation shall be approved by the fire chief and maintained operational at all times.

OO. Chapter 7, Section 704.6.4 “Smoke detection system” is hereby amended and shall read as follows:

Smoke detectors listed in accordance with UL 268 and provided as part of the building’s fire alarm system shall be an acceptable alternative to single- and multiple-station smoke alarms and shall comply with the following:

1.The fire alarm system shall comply with all applicable requirements in Section907 of the California Fire Code.

2.Activation of a smoke detector in a dwelling or sleeping unit shall initiate alarm notification in the dwelling or sleeping unit in accordance with Section 907.5.2 of the California Fire Code.

3.Activation of a smoke detector in a dwelling or sleeping unit shall not activate alarm notification appliances outside of the dwelling or sleeping unit, provided that a supervisory signal is generated and monitored in accordance with Section907.6.6 of the California Fire Code.

PP. Chapter 7, Section 705.1 “General” is hereby amended and shall be read as follows:

Carbon monoxide alarms shall be installed in dwellings in accordance with Section 1103.9 of the International Fire Code, except that alarms in dwellings covered by the California Residential Code shall be installed in accordance with Section R311 of that code.

QQ. Chapter 1, Section 105.6 “Official Records” is hereby amended and shall be read as follows:

The code official shall keep official records as required by Sections 105.6.1 through 105.6.5. Such official records shall be retained in accordance with the City of Stockton records retention policy, as may be amended.

RR. Chapter 3, Section 302.4 “Weeds” is hereby amended and shall be read as follows:

Premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches in height . Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.

Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 107.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.

SECTION III. SEVERABILITY
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If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this article or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this article or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.

SECTION IV. EFFECTIVE DATE
This ordinance shall be in full force and take effect 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
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ORDINANCE NO. ______
AN ORDINANCE AMENDING TITLE 15, CHAPTER 24, SECTION 15.24.030 OF THE STOCKTON MUNICIPAL CODE BY AMENDING SECTION 15.24.030.I AND ADDING SECTION 15.24.030.QQ AND SECTION 15.24.030.RR WITH RESPECT TO THE 2024 INTERNATIONAL PROPERTY MAINTENANCE

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

SECTION I. FINDINGS AND INTENT
The City Council of the City of Stockton finds amending Title 15, Chapter 24, Section

15.24.030 of the Stockton Municipal Code (“SMC”) is necessary to address inconsistencies between the SMC and the International Property Maintenance Code (“IPMC”) as previously adopted.

SECTION II. AMENDMENT OF CODE
Title 15, Chapter 15.24, Section 15.24.030 is hereby amended and shall read as follows:

15.24.030 Amendments.

Notwithstanding the provisions of Stockton Municipal Code, Section 15.24.010, the International Property Maintenance Code is amended as follows:

A. Chapter 1, Section 101.1 “Title” is hereby amended and shall read as follows:

These regulations shall be known as the Property Maintenance Code of City of Stockton, hereinafter referred to as “this code.”
B. Chapter 1, Section 101.1.1 “Code official’ is hereby added and shall read as follows:

Whenever the term “code official” is used herein, it shall be construed to mean the Director, Community Development Department or the Deputy Director, Building and Safety Division or any duly delegated representative (or) Director as defined in Title 1 of the Stockton Municipal Code.

C. Chapter 1, Section 102.3 “Application of other codes” is hereby amended and shall read as follows:

Repairs, additions, or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the California Building Code, California Existing Building Code, California Energy Code, California Fire Code, California Mechanical Code, California Plumbing Code, California Electrical Code, California Historical Building Code, California Green Building Standards Code and International Swimming Pool and Spa Code. Nothing in this code shall be construed to cancel, modify, or set aside any provision of the Stockton Municipal Code Title 16, Development Code.

D. Chapter 1, Section 102.8 “Referenced codes and standards” is hereby amended and shall read as follows:
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The codes and standards referenced in this code shall be those that are listed in Chapter 8 and Section 15.24.030C of the Stockton Municipal Code and considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.8.1 and 102.8.2.

Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply.

E. Chapter 1, Section 103 “Code compliance agency” is hereby amended and shall read as follows:

Section 103.1: Agency.

The Director, Community Development Department, or duly appointed designee, shall be the official in charge and shall be known as the code official. The function of the code official shall be the implementation, administration, and enforcement of the provisions of this code.

F. Chapter 1, Section 106.1 “General” is hereby amended and shall read as follows:

In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of the code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the code official.

Exceptions: Appeals for the following Sections shall be heard in accordance with Stockton Municipal Code, Title 1, Chapter 1.44 ‘Administrative Hearings’:

Section 301.3: Vacant structures and land.

Section 302.1: Sanitation.

Section 302.3: Sidewalks and driveways.

Section 302.4: Weeds.

Section 302.5: Rodent Harborage.

Section 302.8: Motor vehicles.

Section 302.9: Defacement of property.

Section 308 et seq.: Rubbish and garbage.

Section 309 et seq.: Pest elimination.

G. Chapter 1, Section 107.2 “Notice of violation” is hereby amended and shall read as follows:

The code official shall serve a notice of violation or order in accordance with Title 1, Chapters

1.28 and 1.32 of the Stockton Municipal Code.

H. Chapter 1, Section 107.3 “Prosecution of violation” is hereby amended and shall read as follows:

Any person failing to comply with a notice of violation or order served in accordance with Title 1 of the Stockton Municipal Code shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at 1334
law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. Notwithstanding any of the remedies outlined above, whenever a person fails to comply with a notice of violation or order, the code official may use administrative remedies including but not limited to issuing administrative citations, notice and orders, and civil penalties.

I. Chapter 1, Section 109.1.5“Hazardous structure or premises” is hereby amended and shall read as follows:

For the purpose of this code, any structure or premises that has any or all of the conditions or defects described as follows shall be considered to be hazardous:

1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings.

2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress.

3. Any building, structure or portion thereof that is dangerous.

4. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. Pursuant to Health and Safety Code, Sections 17920 and17920.3, by definition, this shall include substandard buildings; which is any building or portion thereof, including any building used for human habitation regardless of zoning designation or approved uses of the building, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, wherein there exists any conditions to an extent that it endangers the life, limb, health, property, safety, or welfare of the occupants of the building, nearby residents, or the public and the same shall be deemed and hereby is declared to be a substandard building. 5. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act.

6. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety.

7. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause 1335
sickness or disease. This shall include extensive visible mold growth, as determined by a health officer or a code enforcement officer, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use.

8. Any building or structure, because of a lack of sufficient or proper fire-resistancerated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health.

9. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public.

J. Chapter 1, Section 109.4 “Notice” is hereby amended and shall read as follows:

Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Title 1 of the Stockton Municipal Code to the owner or the owner’s authorized agent, for the violation as specified in this code. Notices for condemnation procedures shall comply with this section.

K. Chapter 1, Section 109.9 “Restoration or abatement” is hereby amended and shall read as follows:

The structure or equipment determined to be unsafe by the code official is permitted to be restored to a safe condition. The owner, owner’s authorized agent, operator or occupant of a structure, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. To the extent that repairs, alterations, or additions are made, or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions, or change of occupancy shall comply with the requirements of the California Existing Building Code.

Pursuant to the California Health and Safety Code (HSC), Sections 17980(c)(2) and 17980(d), in deciding whether to require vacation of the building, or to repair as necessary, the City shall give preference to the repair of the building whenever it is economically feasible to do so without having to repair more than 75 percent of the dwelling and shall give full consideration to the needs for housing as expressed in the City’s housing element and, if the City determines that a building or portion thereof is substandard under this section based solely on the building or portion thereof being illegally occupied, the City shall not commence court proceedings to abate the violation by repair if all of the following conditions are met:

A. The owner declares under penalty of perjury that the occupant is illegally occupying the building.

B. The owner filed and is diligently prosecuting an unlawful detainer action against the occupant, or the occupant is being removed pursuant to Section 602 of the Penal Code.

C. The City determines the building poses no risk to tenants, nearby residents, or the public.

L. Chapter 1, Section 110.6 “Hearing” is hereby amended and shall read as follows:
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Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, in accordance with Section 106 shall be afforded a hearing as described therein.

M. Chapter 2, Section 201.3, “Terms defined in other codes” is hereby amended and shall read as follows:

Where terms are not defined in this code and are defined in the California Building Code, California Existing Building Code, California Fire Code, California Mechanical Code, California Plumbing Code, California Residential Code, Stockton Municipal Code, Title 16, Development Code or California Electrical Code, California Historical Building Code, California Green Building Standards Code and International Swimming Pool and Spa Code such terms shall have the meanings ascribed to them as stated in those codes.

N. Chapter 2, Section 202 “General definitions” is hereby amended, and the following definition shall be added:

HEALTH OFFICER. The legally designated head of the County Department of Health or the designated Health Official of the City of Stockton.

O. Chapter 3, Section 301.2 “Responsibility” is hereby amended and shall read as follows:

The owner of the premises shall maintain the structures and exterior property in compliance with these requirements and the code under which the building was constructed, except as otherwise provided for in this code. The owner or owner’s agent shall be responsible to ensure that any repairs, additions or alterations to the building or portion thereof are performed or constructed in accordance with the California Building Code, California Residential Code or California Existing Building Code. A person shall not occupy as owner-occupant or permit another person to occupy premises that are not in a sanitary and safe condition and that do not comply with the requirements of this chapter.

Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises they occupy and control. The owner and occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for not allowing any condition to exist upon the property, or within the structure, any nuisance that may be determined to affect the safety or well-being of the general public.

P. Chapter 3, Section 304.1.1 “Potentially unsafe conditions” is hereby amended and shall read as follows:

The following conditions shall be considered to be potentially unsafe, shall be assessed and shall be addressed in compliance with the California Existing Building Code, the California Residential Code or the California Building Code:

Q. Chapter 3, Section 304.14 “Insect screens” is hereby amended and shall read as follows:

Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition. 1337
Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.

R. Chapter 3, Section 305.1.1 “Potentially unsafe conditions” is hereby amended and shall read as follows:

The following conditions shall be considered to be potentially unsafe, shall be assessed and shall be addressed in compliance with the California Existing Building Code, the California Residential Code, or the California Building Code:

S. Chapter 3, Section 306.1.1 “Potentially unsafe conditions” is hereby amended and shall read as follows:

Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be considered to be unsafe and shall be addressed in compliance with the California Existing Building Code, the California Residential Code or the California Building Code:

T. Chapter 4, Section 401.3 “Alternative Devices” is hereby amended and shall read as follows:

In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the California Building Code shall be permitted.

U. Chapter 5, Section 502.5 “Public toilet facilities” is hereby amended, respectively and shall read as follows:

Public toilet facilities shall be maintained in a safe, sanitary and working condition in accordance with the California Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises.

V. Chapter 5, Section 505.1 “Abandonment of systems” is hereby amended and shall read as follows:

Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system.

Kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the California Plumbing Code.

W. Chapter 6, Section 602.2 “Residential occupancies” is hereby amended and shall read as follows:

Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 65°F (18°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the California Plumbing Code. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating. The installation of one or more portable space heaters shall not be used to achieve compliance with this section.

X. Chapter 6, Section 602.3 “Heat supply” is hereby amended and shall read as follows:
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Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a minimum temperature of 65°F (18°C) in all habitable rooms, bathrooms and toilet rooms.

Y. Chapter 6, Section 602.4 “Occupiable workspaces” is hereby amended and shall read as follows:

Indoor occupiable work spaces shall be supplied with heat to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied.

Exceptions:

1. Processing, storage and operation areas that require cooling or special temperature conditions.

2. Areas in which persons are primarily engaged in vigorous physical activities.

Z. Chapter 6, Section 604.2, “Service” is hereby amended and shall read as follows:

The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with California Electrical Code. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a minimum rating of 60 amperes.

AA. Chapter 6, Section 604.3.1.1 “Electrical equipment” is hereby amended and shall read as follows:

Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low-voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the California Building Code.

Exception: The following equipment shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer’s representative indicates that the equipment has not sustained damage that requires replacement:

1.Enclosed switches, rated not more than 600 volts or less.

2.Busway, rated not more than 600 volts.

3.Panelboards, rated not more than 600 volts.

4.Switchboards, rated not more than 600 volts.

5.Fire pump controllers, rated not more than 600 volts.

6.Manual and magnetic motor controllers.

7.Motor control centers.

8.Alternating current high-voltage circuit breakers.

9.Low-voltage power circuit breakers.

10.Protective relays, meters and current transformers.

11.Low- and medium-voltage switchgear.

12.Liquid-filled transformers.

13.Cast-resin transformers.
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14.Wire or cable that is suitable for wet locations and whose ends have not been exposed to water.

15.Wire or cable, not containing fillers, that is suitable for wet locations and who seends have not been exposed to water.

16.Luminaires that are listed as submersible.

17.Motors.

18.Electronic control, signaling and communication equipment.

BB. 604.3.2.1 “Electrical equipment” is hereby amended and shall read as follows:

Electrical switches, receptacles and fixtures, including furnace, water heating, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the California Building Code.

Exception:

Electrical switches, receptacles and fixtures that shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer’s representative indicates that the equipment has not sustained damage that requires replacement.

CC. Chapter 7, Section 702.3 “Locked doors” is hereby amended and shall read as follows:

Means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the California Building Code.

DD. Chapter 7, Section 703.7 “Vertical shafts” is hereby amended and shall read as follows:

Interior vertical shafts, including stairways, elevator hoistways and service and utility shafts, which connect two or more stories of a building shall be enclosed or protected as required in Chapter 11 of the California Fire Code. New floor openings in existing buildings shall comply with the California Building Code.

EE. Chapter 7, Section 704.1 “Inspection, testing and maintenance” is hereby amended and shall read as follows:

Fire protection and life safety systems shall be maintained in accordance with the California Fire Code in an operative condition at all times, and shall be replaced or repaired where defective.

FF. Chapter 7, Section 704.1.1 “Fire protection and life safety systems” is hereby amended and shall read as follows:

Fire protection and life safety systems shall be installed, repaired, operated and maintained in accordance with this code the California Fire Code and the California Building Code.

GG. Chapter 7, Section “Required fire protection and life safety systems” is hereby amended and shall read as follows:

Fire protection and life safety systems required by this code, the California Fire Code or the California Building Code shall be installed, repaired, operated, tested and maintained in accordance 1340
with this code. A fire protection and life safety system for which a design option, exception or reduction to the provisions of this code, the California Fire Code or the California Building Code has been granted shall be considered to be a required system.

HH. Chapter 7, Section 704.1.3 “Fire protection systems” is hereby amended and shall read as follows:

Fire protection systems shall be inspected, maintained and tested in accordance with the following California Fire Code requirements.

1.Automatic sprinkler systems, see Section 903.5.

2.Automatic fire-extinguishing systems protecting commercial cooking systems, see Section 904.14.5.

3.Automatic water mist extinguishing systems, see Section 904.11.3.

4.Carbon dioxide extinguishing systems, see Section 904.8.

5.Carbon monoxide alarms and carbon monoxide detection systems, see Section 915.6.

6.Clean-agent extinguishing systems, see Section 904.10.

7.Dry-chemical extinguishing systems, see Section 904.6.

8.Fire alarm and fire detection systems, see Section 907.8.

9.Fire department connections, see Sections 912.4 and 912.7.

10.Fire pumps, see Section 913.5.

11.Foam extinguishing systems, see Section 904.7.

12.Halon extinguishing systems, see Section 904.9.

13.Single- and multiple-station smoke alarms, see Section 907.2.9.2.

14.Smoke and heat vents and mechanical smoke removal systems, see Section 910.5.

15.Smoke control systems, see Section 909.22.

16.Wet-chemical extinguishing systems, see Section 904.5.

17.Duct and air transfer openings, see Section 706.1.

II. Chapter 7, Section 704.2.1 “Records” is hereby amended and shall read as follows:

Records shall be maintained of all system inspections, tests and maintenance in accordance with Section 109.3 of the California Fire Code.

JJ. Chapter 7, Section 704.3 “Systems out of service” is hereby amended and shall read as follows:

Where a required fire protection system is out of service, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, either the building shall be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service. Where utilized, fire watches shall be provided with not less than one approved means for notification of the fire department and shall not have duties beyond performing constant patrols of the protected premises and keeping watch for fires. Actions shall be taken in accordance with Section 901.7 of the California Fire Code to bring the systems back in service.

Exception: Facilities with an approved notification and impairment management program. The notification and impairment program for water-based fire protection systems shall comply with NFPA 25.
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KK. Chapter 7, Section 704.3.1 “Emergency impairments”
Where unplanned impairments of fire protection systems occur, appropriate emergency action shall be taken to minimize potential injury and damage. The impairment coordinator shall implement the steps outlined in Section 901.7.4 of the California Fire Code.

LL. Chapter 7, Section 704.4.2 “Removal of existing occupant-use hose lines” is hereby amended and shall read as follows:

The fire code official is authorized to permit the removal of existing occupant-use hose lines where all of the following apply:

1.The installation is not required by the California Fire Code or the California Building Code.

2.The hose line would not be utilized by trained personnel or the fire department.

3.The remaining outlets are compatible with local fire department fittings.

MM. Chapter 7, Section 704.4.3 “Termination of monitoring service” is hereby amended and shall read as follows:

For fire alarm systems required to be monitored by the California Fire Code, notice shall be made to the fire code official whenever alarm monitoring services are terminated. Notice shall be made in writing by the provider of the monitoring service being terminated.

NN. Chapter 7, Section 704.5.1 “Fire department connection access” is hereby amended and shall read as follows:

Ready access to fire department connections shall be maintained at all times and without obstruction by fences, bushes, trees, walls or any other fixed or movable object. Access to fire department connections shall be approved by the fire chief.

Exception: Fences, where provided with an access gate equipped with a sign complying with the legend requirements of Section 912.5 of the California Fire Code and a means of emergency operation. The gate and the means of emergency operation shall be approved by the fire chief and maintained operational at all times.

OO. Chapter 7, Section 704.6.4 “Smoke detection system” is hereby amended and shall read as follows:

Smoke detectors listed in accordance with UL 268 and provided as part of the building’s fire alarm system shall be an acceptable alternative to single- and multiple-station smoke alarms and shall comply with the following:

1.The fire alarm system shall comply with all applicable requirements in Section907 of the California Fire Code.

2.Activation of a smoke detector in a dwelling or sleeping unit shall initiate alarm notification in the dwelling or sleeping unit in accordance with Section 907.5.2 of the California Fire Code.

3.Activation of a smoke detector in a dwelling or sleeping unit shall not activate alarm notification appliances outside of the dwelling or sleeping unit, provided that a 1342
supervisory signal is generated and monitored in accordance with Section907.6.6 of the California Fire Code.

PP. Chapter 7, Section 705.1 “General” is hereby amended and shall be read as follows:

Carbon monoxide alarms shall be installed in dwellings in accordance with Section 1103.9 of the International Fire Code, except that alarms in dwellings covered by the California Residential Code shall be installed in accordance with Section R311 of that code.

QQ. Chapter 1, Section 105.6 “Official Records” is hereby amended and shall be read as follows:

The code official shall keep official records as required by Sections 105.6.1 through 105.6.5.

Such official records shall be retained in accordance with the City of Stockton records retention policy, as may be amended.

RR. Chapter 3, Section 302.4 “Weeds” is hereby amended and shall be read as follows:

Premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches in height. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.

Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 107.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.

SECTION III. SEVERABILITY
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this article or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this article or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.

SECTION IV. EFFECTIVE DATE
This ordinance shall be in full force and take effect 30 days after its passage.

ADOPTED: ______________
EFFECTIVE: _____________
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_______________________

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
_________________________

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
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City of Stockton
Legislation Text
File #: 26-0710, Version: 1

APPROVE MOTION TO EXECUTE AN AMENDMENT TO THE FIVE-YEAR AGREEMENT WITH AXON ENTERPRISE, INC. FOR PREPARED 911 ACT RENEWAL AND PREPARED 911 ANET IN AN AMOUNT NOT TO EXCEED $1,478,272

RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Approve findings pursuant to Stockton Municipal Code (SMC) §3.68.070 support of an exception to the competitive bidding process; and

2. Authorize the City Manager to approve Standard Agreement Amendment No. 1 with Axon Enterprise, Inc. (Axon) to provide the Stockton Police Department (SPD) with Prepared 911 ACT Renewal and Prepared 911 ANET in an amount not to exceed $1,478,272 (Attachments A and B).

It is further recommended that the City Manager be authorized and directed to make any and all expenditures and appropriations on behalf of the city as appropriate and necessary to carry out the purpose and intent of this motion.

Summary
SPD seeks to continue the evolution of 911 call-taking in our service centers by renewing the Prepared 911 agreement and providing Telecommunicators with the technology needed to effectively and efficiently respond to citizens in the City. This AI-driven technology is the first emergency communications platform that runs from beginning to end. From the moment someone calls for help to the moment the case closes. This intelligence assists call-takers, dispatchers, and Supervisors do their jobs better. It brings up the right information at the right time. The first seconds of a call produce the most intelligence about the emergency, and this technology enhances human performance rather than replacing it. This technology streamlines operations by providing AI-driven call prioritization, real -time transcription, and automated call summaries.

Amendment No. 1 with Axon to provide SPD with the Prepared 911 ACT Renewal and Prepared 911 ANET has a five-year cost of $1,478,272. The initial first-year payment is $330,592, followed by 4 payments of $286,920 per year for the remaining 4 years.

DISCUSSION
Background
SPD has used Axon Prepared 911 since 2024. Prepared 911 was acquired by Axon, with findings City of Stockton Page 1 of 3 Printed on 7/2/2026
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File #: 26-0710, Version: 1
supporting an exception to competitive bidding for Axon, making it the sole manufacturer. Those findings also recognized the operational benefits of continuity within a unified hardware/software system. This is true for the Prepared 911 as well. Establishing continuity by using Axon’s technology for our 911 system to enhance the abilities of our call-takers, dispatchers, and Supervisors. The uninterrupted operation of this technology will allow 911 centers to answer calls efficiently and enable staff to perform more effectively throughout the City.

Present Situation
To continue operating the Axon Prepared 911 system and Prepared 911 ANET, SPD proposes entering an amendment to the five-year Axon bundle that provides SPD with access to the AI-driven technology until 11/30/2030.

This agreement will provide SPD with the technology needed to continue Assistive Call Taking (ACT), real-time call transcription, and automatic extraction of key details. Automated Non-Emergency Triage (ANET) will be used to determine whether each call is an emergency. At some centers, up to 75% of the call volume is non-emergency, and ANET can return time to the people answering the calls. SPD has been using Prepared 911 technology since 2024, and if that access is no longer available, the ability to deal with multiple calls efficiently and effectively at the call centers would be greatly diminished.

Findings
Pursuant to Stockton Municipal Code Section 3.68.070, the City Council may approve findings that support an exception to the competitive bidding process. The exceptions apply here for the following reasons:

1. Cost Effectiveness: The bundled program reflects $185,905 in total savings compared to unbundled pricing.

2. Sole Manufacturer/Distributor: Axon is the sole manufacturer of the Prepared 911 system technology.

3. Axon’s Prepared 911 and Prepared 911 ANET are essential technologies for Call-takers and dispatchers. Operational stability depends on the use of this technology.

FINANCIAL SUMMARY
The proposed amendment spans five years and has a total cost of $1,478,272. The bundled pricing provides total savings of $185,905. The FY 2026-27 Annual Budget includes sufficient appropriation for Year 1 of the agreement, funded through AB109 Community Corrections Partnership (CCP) Task Force grants.

City of Stockton Page 2 of 3 Printed on 7/2/2026
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File #: 26-0710, Version: 1
The table below outlines contract costs by year:

Year Annual Cost
1 $ 330,591.40
2 $ 286,920.00
3 $ 286,920.00
4 $ 286,920.00
5 $ 286,920.00
Total $1,478,272.00
Attachment A - Standard Agreement Amendment 1
Attachment B - Quote: Q-860255-46170TS
City of Stockton Page 3 of 3 Printed on 7/2/2026
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CITY OF STOCKTON

STANDARD AGREEMENT AMENDMENT
This Amendment Number 1 to the above-referenced Agreement is entered into on 7/14/2026 between the City of Stockton (“City”) and Axon Enterprises, “Contractor”.

RECITALS
Section 9 Statement of Work of the Axon Master Services and Purchasing Agreement states statement of work details Axon’s Service deliverables, and the parties must document scope changes in a written and signed change order; and
Section 9 Statement of Work of the Axon Master Services and Purchasing Agreement states that changes may require an equitable adjustment to fees or the schedule, and that the statement of work is incorporated into this agreement by reference.

Section 19.12, Entire Agreement, of the Axon Master Services and Purchasing Agreement states that this agreement will supersede all prior agreements, written or oral, regarding its subject matter. The Agreement can only be modified or amended in writing, signed by the parties.

The City needs to increase the Compensation, Not to Exceed amount in Section 9 Statement of Work of the Axon Master Services and Purchasing Agreement based on the original five-year Q-771226-45964BM by $1,478,271.40 per attached quote Q-860255-46170TS to pay for the Contractor to provide Prepared 911 ACT Renewal and Prepared 911 ANET.

Now therefore, the City and the Contractor mutually agree as follows:

1. The maximum not to exceed amount to be paid to the Contractor, including, if authorized, will now read as follows:

Initial Term: the maximum not to exceed amount is $7,799,772.82 Extended Term: the maximum not to exceed amount is $1,478,271.40 Total maximum compensation to be paid to the Contractor under this Agreement for the initial term and the extended term shall not exceed $9,278,044.22
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

CONTRACTOR
_____________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
_____________________________________________________________________________________________ Authorized Signature Date
_____________________________________________________________________________________________ Printed Name and Title of Person Signing
_____________________________________________________________________________________________ Address
Agreement Number: Amendment
Number:
426000336 1

ATTACHMENT A
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CITY OF STOCKTON
_____________________________________________________________________________________________ Johnny Ford, City Manager Date
ATTEST:
_____________________________________________________________________________________________ Katherine Roland, CMC, CPMC, City Clerk
APPROVED AS TO FORM:

Marci A. Arredondo, City Attorney
BY:

ATTACHMENT A
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ATTACHMENT B
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ATTACHMENT B
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ATTACHMENT B
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ATTACHMENT B
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ATTACHMENT B
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ATTACHMENT B
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ATTACHMENT B
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ATTACHMENT B
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City of Stockton
Legislation Text
File #: 26-0472, Version: 1
PUBLIC HEARING TO ACCEPT THE ECONOMIC DEVELOPMENT SUBSIDY 2025 ANNUAL REPORT

RECOMMENDATION
It is recommended that the City Council, by motion:

1. Accept the Economic Development Subsidy 2025 Annual Report, which includes all subsidies the City has provided to developers for economic development purposes over $100,000; and

2. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion.

Summary
Effective January 1, 2014, California Government Code Section 53083 (Attachment A) requires local governments to report any economic development subsidy exceeding $100,000, and to provide specific information to the public before approving any economic development subsidy of $100,000 or more. The City is compliant with these requirements and provides information to the public through reports to the City Council on a per-project basis for City programs. The statute also requires a report to be provided to the public on an annual basis. The first report must be provided no later than five years after the action granting an economic development subsidy. The City provided $12,001,272.44 in eligible subsidies (over $100,000 per subsidy) for the calendar year of 2025.

Background
On October 11, 2013, Assembly Bill (AB) 562 - Chapter 740, was approved by Governor Brown and became effective January 1, 2014. The bill added section 53083 to the Government Code, which requires local governments to report on any economic development subsidy over $100,000. The term “economic development subsidy” is defined as any expenditure of public funds or loss of revenue to a local agency in the amount of one hundred thousand dollars ($100,000) or more, for the purpose of stimulating economic development within the jurisdiction of a local agency, including, but not limited to, bonds, grants, loans, loan guarantees, enterprise zone or empowerment zone incentives, fee waivers, land price subsidies, matching funds, tax abatements, tax exemptions, and tax credits.

Affordable housing projects do not require economic development subsidy reporting.

The following information is required by AB 562/Government Code Section 53083:

Before approval of subsidy:

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1. The name and address of all corporations or any other business entities, except for sole proprietorships, that are the beneficiary of the economic development subsidy, if applicable.

2. The start and end dates and schedule, if applicable, for the economic development subsidy

3. A description of the economic development subsidy, including the estimated total amount of the expenditure of public funds by, or of revenue lost to, the local agency as a result of the economic development subsidy.

4. A statement of the public purposes for the economic development subsidy.

5. Projected tax revenue to the local agency as a result of the economic development subsidy.

6. Estimated number of jobs created by the economic development subsidy, broken down by fulltime, part-time, and temporary positions.

This information is provided to the public through reports to the City Council on a per-project basis.

Within five years after granting subsidy:

1. The name and address of all corporations or any other business entities, except for sole proprietorships, that are the beneficiary of the economic development subsidy, if applicable.

2. The start and end dates and schedule for the economic development subsidy.

3. A description of the economic development subsidy, including the estimated total amount of the expenditure of public funds by, or of revenue lost to, the local agency as a result of the economic development subsidy.

4. The net tax revenue accruing to the local agency as a result of the economic development subsidy.

5. The net number of jobs created by the economic development subsidy, broken down by fulltime, part-time, and temporary positions.

This information is provided to the public through the annual Economic Development Subsidy Report.

Present Situation
Local agencies are required to provide an annual report of all economic development subsidies no later than five (5) years after the action granting an economic development subsidy. The City has prepared the 2025 Annual Report (Attachment B) to meet statutory requirements.

The 2025 Annual Report indicates that the City provided $12,001,272.44 in economic subsidies for “qualifying” criteria, which includes projects that received over $100,000 in economic development subsidy directly or in the form of bonds, grants, loans, loan guarantees, enterprise zone or empowerment zone incentives, fee waivers, land price subsidies, matching funds, tax abatement, tax exemptions, or tax credits.

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The City Programs that require reporting on the annual AB 562 report are:
· Stockton Economic Stimulus Plan (SESP) Program
· Public Facility Fee Reduction to Non-Residential Projects · Greater Downtown Stockton Residential Development Public Facilities Fee Exemption · Downtown Infill Infrastructure Program
· Office and Industrial Sales Tax Incentive Program
Financial Summary
Total 2025 subsidies are as follows:

Program Eligible Subsidies
Stockton Economic Stimulus Plan (SESP) $9,601,678.44 (Single-family and Multi-Family)
Public Facility Fee (PFF) Reduction for Nonresidential Projects$178,830.00 Greater Downtown Stockton Residential
Development Public Facilities Exemption
-
Downtown Infill Infrastructure Program -
Office and Industrial Sales Tax Incentive Program $2,220,764.00 TOTAL $12,001,272.44
There is no financial impact with the filing of the Economic Development Subsidy 2025 Annual Report. However, during the 2025 calendar year, as described, the City provided $12,001,272.44 in eligible subsidies.

Public Notice
A public hearing notice was published in the Stockton Record on June 7, 2026. To date, no comments have been received.

Attachment A - Government Code 53083
Attachment B - Economic Development Subsidy 2025 Annual Report City of Stockton Page 3 of 3 Printed on 7/2/2026
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State of California

GOVERNMENT CODE
Section 53083
53083. (a) On and after January 1, 2014, each local agency shall, before approving any economic development subsidy within its jurisdiction, provide all of the following information in written form available to the public, and through its Internet Web site, if applicable:
(1) The name and address of all corporations or any other business entities, except for sole proprietorships, that are the beneficiary of the economic development subsidy, if applicable.
(2) The start and end dates and schedule, if applicable, for the economic development subsidy.
(3) A description of the economic development subsidy, including the estimated total amount of the expenditure of public funds by, or of revenue lost to, the local agency as a result of the economic development subsidy. (4) A statement of the public purposes for the economic development subsidy. (5) Projected tax revenue to the local agency as a result of the economic development subsidy.
(6) Estimated number of jobs created by the economic development subsidy, broken down by full-time, part-time, and temporary positions.
(b) Before granting an economic development subsidy, each local agency shall provide public notice and a hearing regarding the economic development subsidy. A public hearing and notice under this subdivision is not required if a hearing and notice regarding the economic development subsidy is otherwise required by law. (c) The information required to be provided in subdivision (a) shall remain available to the public under existing state and federal law and be posted on the local agency’s Internet Web site, if applicable, for the entire term of the economic development subsidy.
(d) The local agency, within the term of the economic development subsidy but not later than five years after the action granting an economic development subsidy, as defined in paragraph (1) of subdivision (g), shall issue a report for each economic development subsidy. The report shall contain the information described in subdivision (a). The local agency shall make the report available to the public and through its Internet Web site, if applicable. The report shall also contain the following information, if applicable:
(1) The name and address of all corporations or any other business entities, except for sole proprietorships, that are the beneficiary of the economic development subsidy, if applicable.
(2) The start and end dates and schedule for the economic development subsidy.

STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL

ATTACHMENT A
1361
(3) A description of the economic development subsidy, including the estimated total amount of the expenditure of public funds by, or of revenue lost to, the local agency as a result of the economic development subsidy. (4) The net tax revenue accruing to the local agency as a result of the economic development subsidy.
(5) The net number of jobs created by the economic development subsidy, broken down by full-time, part-time, and temporary positions.
(e) (1) The local agency, within the term of the economic development subsidy but no later than five years after the action granting an economic development subsidy, as defined in paragraph (1) of subdivision (g), shall hold a public hearing to consider any written or oral comments on the information contained in the report prepared pursuant to subdivision (d).
(2) For an economic development subsidy, as defined in paragraph (1) of subdivision (g), with a term of 10 years or more, the local agency shall hold a public hearing at the conclusion of each economic development subsidy that shall contain the information described in subdivision (d), in written form available to the public, and through its Internet Web site, if applicable.
(f) Each public hearing required by this section shall be consolidated with a local agency’s regularly scheduled hearing.
(g) As used in this section, the following terms have the following meanings:
(1) “Economic development subsidy” means any expenditure of public funds or loss of revenue to a local agency in the amount of one hundred thousand dollars ($100,000) or more, for the purpose of stimulating economic development within the jurisdiction of a local agency, including, but not limited to, bonds, grants, loans, loan guarantees, enterprise zone or empowerment zone incentives, fee waivers, land price subsidies, matching funds, tax abatements, tax exemptions, and tax credits. “Economic development subsidy” shall not include expenditures of public funds by, or loss of revenue to, the local agency for the purpose of providing housing affordable to persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code.
(2) “Local agency” means a city, including a charter city, county, or city and county.
(Added by Stats. 2013, Ch. 740, Sec. 1. (AB 562) Effective January 1, 2014.)

ATTACHMENT A
1362
Attachment B

ECONOMIC

DEVELOPMENT

SUBSIDY

ANNUAL REPORT
2025
JULY 2026

CITY OF STOCKTON

COMMUNITY DEVELOPMENT DEPARTMENT

ECONOMIC DEVELOPMENT DEPARTMENT
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Attachment B
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2025 ECONOMIC DEVELOPMENT SUBSIDY ANNUAL REPORT
The purpose of the Economic Development Subsidy Report is to fulfill the annual reporting requirements as outlined in California Assembly Bill 562. Effective January 1, 2014, Assembly Bill 562 (Williams), Chapter 740, added Section 53083 to the Government Code, which requires local agencies to annually report subsidies for economic development purposes. Government Code §53083 requiresthe report to include identifiable information (name and address) of each business entity that is a beneficiary of a subsidy, a description of each program, and the total amount of the expenditure of public funds or of revenue lost as a result of the subsidy, statement of public purpose of the subsidy, net tax revenue as a result of the subsidy, and estimated number of jobs created by the subsidy.

An “economic development subsidy” is defined as any expenditure of public funds or loss of revenue to a local agency in the amount of one hundred thousand dollars ($100,000) or more, for the purpose of stimulating economic development within the jurisdiction of a local agency, including, but not limited to, bonds, grants, loans, loan guarantees, enterprise zone or empowerment zone incentives, fee waivers, land price subsidies, matching funds, tax abatements, tax exemptions, and tax credits. Furthermore, “economic development subsidy” shall not include expenditures of public funds by, or loss of revenue to, the local agency for the purpose of providing housing affordable to persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code. This report provides the necessary information for the qualifying programs to remain in compliance with Assembly Bill 562.

QUALIFYING CITY PROGRAMS
City Programs that provide “economic development subsidies” as defined by Assembly Bill 562 include:

1. Stockton Economic Stimulus Plan (SESP)

2. Public Facility Fee (PFF) Reduction for Non-residential Projects

3. Greater Downtown Stockton Residential Development Public Facilities Exemption

4. Downtown Infill Infrastructure Program (On May 14, 2024, program funds were reallocated to establish the Redevelopment Fund for property acquisition, demolition, and environmental clearance.)

5. Office and Industrial Sales Tax Incentive Program

STOCKTON ECONOMIC STIMULUS PLAN (SESP)
In November of 2015, City Council adopted Resolution 2015-11-17-1602 – Stockton Economic Stimulus Program (SESP), superseding existing PFF reduction programs for residential and non-residential projects. The program launched in January 2016 to reduce eligible PFFs on qualifying single-family residential, multi-family residential, commercial, and industrial projects in the City of Stockton. In July 2018, City Council passed Resolution 2018-07-17-1302 to extend SESP for residential & non-residential projects and increase developer permit limitations in non-disadvantaged areas. SESP eliminates/waives the following PFF categories:
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PFF Category Residential Commercial / Industrial
City Office Space  
Libraries  
Fire Stations  
Parkland 
Community Recreation Centers  
Police Stations  
Street Improvements  
City Office Space, Community Recreation Centers, Libraries, Police Stations, Fire Stations, Street Improvements, and Parks are reduced to a total of $19,997 or 100%, whichever is less, for single-family residential, $14,080 per unit for multi-family residential, and 50% reduction for commercial & industrial projects. The 3.5% Administrative Fee charged on all PFF categories is also waived.

For single-family residential, multi-family residential, and non-residential (commercial/industrial) permits issued citywide, builders/developers must comply with the terms of the program. Participation in the single-family residential component of SESP requires a developer to comply with the local hire and disadvantaged individual requirements. Participants must agree to the program conditions to receive the incentives of the program for residential development. Additionally, only units within the existing City limits, as described in the 2008 General Plan Settlement Agreement, are eligible to meet the local hire requirement of the program. The commercial/industrial component, formerly the Public Facilities Fee Reduction Program (established in 2010), was incorporated into the SESP program in 2015; reporting of local hiring is not a requirement.

On August 26, 2025, City Council approved Motion 2025-08-26-1501 amending SESP to allow active entitled projects and projects deemed complete at time of Council action to remain eligible for full SESP waivers, and all new (future) projects eligible for gradually reduced SESP waivers, reduced in 6-month increments, over an 18-month period with a sunset of five years applicable to both entitled and new projects. The 18-month reduction is phased as follows:
75% Waiver –Aug. 26, 2025 to Feb. 26, 2026
50% Waiver –Feb. 27, 2026 to Aug. 27, 2026
25% Waiver –Aug. 28, 2026 to Mar. 2, 2027
No Waiver –Mar. 3, 2027 onward
For entitled projects to obtain SESP waivers by the 5-year sunset date, Building Permits must be issued by Monday, August 26, 2030. Building Permit issuance entails the application to be submitted, reviewed, approved, all fees paid, and the permit picked up by said date. 1365
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SESP Recipients that received fee waivers of $100,000 or greater:

BUSINESS NAME AMOUNT (2025)

LENNAR HOMES
1025 CREEKSIDE RIDGE DR., STE 240
ROSEVILLE, CA 95678 $ 4,561,590.69

DESCOR BUILDERS
1000 ENTERPRISE WY., STE 100
ROSEVILLE, CA 95678 $ 3,147,724.80

LGI HOMES
1450 LAKE ROBBINS DR., SUITE 430
THE WOODLANDS, TX 77380 $ 816,704.01

KB HOME
4830 BUSINESS CENTER DR., SUITE 150
FAIRFIELD, CA 94534 $ 557,749.08

BENCHMARK COMMUNITIES, LLC
6700 KOLL CENTER PKWY., SUITE 210
PLEASANTON, CA 94566 $ 199,196.10

FLORSHEIM HOMES
1701 W MARCH LN., SUITE D
STOCKTON, CA 95207 $ 179,276.49

TRINITY DEVELOPMENT & CONSTRUCTION
119 E. WEBER AVE
STOCKTON, CA 95202 $ 139,437.27
TOTAL $ 9,601,678.44

LENNAR HOMES
48%

DESCOR BUILDERS
33%

LGI HOMES
8%

KB HOMES
6%
OTHER
5%
SESP FEES WAIVED (2025)

LENNAR HOMES DESCOR BUILDERS LGI HOMES KB HOMES OTHER
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A Multi-family SESP participant was identified during the reporting period. DESCOR BUILDERS received fee waivers exceeding the $100,000 reporting threshold of $3,147,724.80 and is therefore included in this report in accordance with AB 562.

Net Tax Revenue Accrued as a Result of Subsidy – Not applicable.

Total Number of Jobs Created by Subsidy: 836

PUBLIC FACILITY FEE (PFF) REDUCTION FOR NON-RESIDENTIAL PROJECTS On September 14, 2010, the City Council adopted Resolution No. 10-0308, which authorized the reduction of fees for residential and non-residential projects. The program was extended and evolved with the adoption and extension of the SESP program in 2019.

The PFF Reduction to Non-Residential Projects program will remain in place until the City conducts a nexus study for the Public Facility Fees (Development Impact Fee) program and adopts new fees.

For new non-residential development, the following Public Facilities Fees shall be reduced by fifty percent (50%) citywide. The following fee categories apply:
 City Office Space
 Community Recreation Centers
 Libraries
 Fire Stations
 Police Stations
 Street Improvements
The 3.5% Administrative Fee charged on all PFF categories is also waived.

Recipients that received $100,000 or greater:

Recipients Amount (2025)
Elite Home Projects, LLC
475 N Sutter St.

Planada, CA 95365 $ 178,830.00
TOTAL $ 178,830.00
Net Tax Revenue Accrued as a Result of Subsidy: Not applicable.

Number of Jobs Created by Subsidy: Not applicable.

GREATER DOWNTOWN STOCKTON RESIDENTIAL DEVELOPMENT PUBLIC

FACILITIES EXEMPTION PROGRAM
The Greater Downtown Stockton Residential Development Public Facilities Fees Exemption Program provides fee exemptions for qualifying residential developments within the greater downtown area to encourage housing production. The PFF Exemption Program will remain in place until the City conducts a nexus study for the Public Facility Fees (Development Impact Fee) program and adopts new fees.

Eligible development projects will receive an exemption for the following Public Facilities 1367
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Fees (PFF) categories:
 City Office Space
 Libraries
 Fire Stations
 Parkland
 Community Recreation Centers
 Police Stations
 Street Improvements
There were no eligible subsidies to report in 2025.

Net Tax Revenue Accrued as a Result of Subsidy – Not applicable.

Number of Jobs Created by Subsidy – Not applicable.

DOWNTOWN INFILL INFRASTRUCTURE PROGRAM
The Downtown Infill Infrastructure Program provides a financial incentive to eligible parties interested in developing new market-rate residential, commercial, or mixed-use projectsin Downtown Stockton. In Stockton’s downtown area, aging infrastructure, such as sewer and water lines, as well as the rehabilitation of older structures, can significantly increase project costs and serve as barriers to infill development.

Under the Downtown Infill Infrastructure Program, eligible development projects may receive a reimbursement for certain public infrastructure improvements. Examples of eligible public infrastructure improvements include sewer and water; storm drain; street improvements, including crosswalks, bike lanes, striping, and medians; traffic signals; streetlights; and landscaping.

To qualify for the program, the developer must meet these criteria:

1. Develop a minimum of 35 new market-rate residential units and/or develop a minimum of 30,000 square feet of new or newly renovated retail or commercial space.

2. Be located within the program boundary, which includes Center Street to the west, Park Street to the north, ACE Rail/Union Pacific Railroad to the east, and Washington Street to the south.

3. Make a capital investment of at least $500,000.

4. Eligible public infrastructure improvements must equal $100,000 or more.

Applicants mustsubmit a request forfunding to the EconomicDevelopment Departmentfor review and consideration. If deemed eligible under the program guidelines, a Reimbursement Agreement requiring Council approval will be executed between the City and the applicant. The City will reimburse the applicant within six (6) months of completion of the public improvements included within the reimbursement agreement of up to $900,000 annually. The program was approved by City Council on July 7, 2015, and was scheduled to sunset in July 2025.

During 2025, no applicants received an economic development subsidy under the 1368
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Downtown Infill Infrastructure Program. The program has since sunset, and no disbursements were made during the reporting period.

Net Tax Revenue Accrued as a Result of Subsidy: Not applicable.

Number of Jobs Created by Subsidy: Not applicable.

OFFICE AND INDUSTRIAL SALES TAX INCENTIVE PROGRAM
The Office and Industrial Sales Tax Incentive Program provides an annual sales tax rebate to new or expanding office and industrial businesses located within Stockton City limits.

Examples of the types of office and industrial businesses that would have been eligible under the program include eCommerce businesses, fuel distributors, high-tech equipment manufacturers or software developers, medical device manufacturers, and business-tobusiness sales. To qualify for the program, the business must have met the following criteria:

1. Generate net new annual gross taxable sales of $25 million or more.

2. Generate sales tax to the City corresponding with the gross sales tax amount.

3. Create a minimum of ten full-time equivalent jobs.

4. Make a capital investment of $50,000 or more.

The sales tax rebate is based on the annual net new sales tax revenue received by the City and is restricted to the Bradley-Burns tax. The rebate amount is based on the following tiers:

Net New Sales Tax Revenue
% of Sales Tax
Revenue Rebated to
the Business
% of Sales Tax
Revenue Retained by
the City
Less than $250,000 0% 100%
$250,000 - $500,000 50% 50%
More than $500,000 65% 35%
Qualifying businesses must have executed an agreement with the City, which required Council approval. The term of the agreement is ten (10) years, with options to extend for up to an additional ten (10) years.

This program was approved by Council on June 24, 2014, and sunset in June 2019 for new applications. During 2025, two companies continued to receive subsidies under prior agreements. The 2025 subsidies for each company are as follows:

Recipients Amount (2025)

VALLEY PACIFIC

PETROLEUM
152 FRANK W CIR, STE
100.,
STOCKTON, CA 95206 $1,251,386.00

DIESEL DIRECT WEST
3861 DUCK CREEK DR.,
STOCKTON, CA 95215 $969,378.00
TOTAL $2,220,764.00
In 2025, the City rebated $2,220,764 in net new sales tax revenue as a result of the Office 1369
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and Industrial Sales Tax Incentive Program. A minimum of 94 full-time equivalent new jobs were created as a result of this program.

SUMMARY
City Programsthat provided “economic development subsidies” in 2025 are as follows:

Program
Eligible
Subsidies
Stockton Economic Stimulus Plan (SESP) $9,601,678.44
Public Facility Fee (PFF) Reduction for Nonresidential Projects $178,830.00 Greater Downtown Stockton Residential
Development Public Facilities Exemption -
Downtown Infill Infrastructure Program -
Office and Industrial Sales Tax Incentive Program $2,220,764.00 TOTAL $12,001,272.44
1370
Economic Development Subsidy
2025 Annual Report
City Council Meeting
July 7, 2026
Agenda Item 9.1
1371
Background
AB 562 effective January 1, 2014
Requires local governments report economic
development subsidies over $100,000
Current Reporting Period – 2025
Comprehensive report of all qualifying
programs
1372
Stockton Economic Stimulus Plan (SESP)
Public Facility Fee Reduction for Non-Residential
Projects
Greater Downtown Stockton Residential Development
Public Facilities Exemption
Downtown Infill Infrastructure Program
Office and Industrial Sales Tax Incentive Program
Qualifying Programs (≥ $100,000 Subsidy)
1373
Subsidy Amounts
GRAND TOTAL FOR ELIGIBLE PROGRAMS = $12,001,272.44
$9,601,678.44
$178,830.00 $- $-
$2,220,764.00
$-
$2,000,000.00
$4,000,000.00
$6,000,000.00
$8,000,000.00
$10,000,000.00
$12,000,000.00
SESP PFF NONRESIDENTALGREATER

DOWNTOWN

PROGRAM

INFILL SALES TAX MILLIONS
1374
2025 Employment Tracking

SESP RECIPIENTS

REQUIRED TO HIRE
AT LEAST 50%

STOCKTON

RESIDENTS

OFFICE AND

INDUSTRIAL SALES

TAX INCENTIVE

PROGRAM
Number of Jobs Created: 836. Number of Jobs Created: 94. (Create or retain a minimum of 10 full-time
equivalent (FTE) jobs)
1375
Recommendation
Accept the Economic Development Subsidy
2025 Annual Report; and
Authorize the City Manager to take appropriate
and necessary action to carry out the purpose
and intent of this motion.
1376
City of Stockton
Legislation Text
File #: 26-0527, Version: 1

REQUEST FOR APPROVAL OF ORDINANCES FOR PREZONING AND A DEVELOPMENT AGREEMENT FOR A PROPOSED 2,241 UNIT RESIDENTIAL DEVELOPMENT (BEAR CREEK SOUTH) AT 9532 & 10122 NORTH WEST LANE AS WELL AS 2525 & 2575 EAST MORADA

LANE, CONSIDERATION OF A REQUEST FOR AN APPEAL OF THE PLANNING COMMISSION’S DECISION, AND A RESOLUTION AUTHORIZING THE FILING OF AN

ANNEXATION APPLICATION WITH LAFCO

RECOMMENDATION
Staff recommends the City Council:

1. Find no further environmental review is necessary under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning); and

2. Adopt an Ordinance for the Prezoning of 16 Assessor Parcel Numbers 120-020-27; -11; -12; - 26; -30 (portion of); -31; -32; 120-030-10; -06; -07; -09; 122-010-02 (portion of); -04 (portion of); -05; 124-010-01; -03 and -07 to include Residential, Low Density (RL) zoning, Public Facilities (PF) zoning and Open Space (OS) zoning; and

3. Adopt an Ordinance approving a Development Agreement; and

4. Approve a motion to Deny the Appeal and uphold the Planning Commission’s approval of Resolution Numbers 2026-04-09-0501-03; -04, and -05, for three (3) Tentative Maps, in accordance with the findings and subject to conditions in the proposed Resolution; and

5. A Resolution authorizing the filing of an annexation application with the San Joaquin Local Agency Formation Commission (LAFCo).

It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolutions and ordinances.

Summary
The Applicant proposes to develop the Bear Creek South Project, a 2,241-unit residential development on approximately 530 acres northeast of West Lane and Morada Lane. Requested approvals include prezoning, a development agreement, annexation initiation, and denial of an appeal of the Planning Commission’s approval of three tentative maps.

The project site is within the City of Stockton’s (City) Sphere of Influence and designated for Low Density Residential land use in the Envision Stockton 2040 General Plan. The Planning Commission City of Stockton Page 1 of 14 Printed on 7/2/2026
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File #: 26-0527, Version: 1
approved the project’s tentative maps on April 9, 2026, and recommended approval of prezoning and development agreement by a vote of 5-0 (Sanguinetti - recusal; Graves - absent).

An appeal was subsequently filed by Mary Elizabeth raising concerns related to General Plan consistency, CEQA compliance, parks, infrastructure, and agricultural land conversion. Staff reviewed the appeal and determined the project remains consistent with applicable General Plan Policies, Development Code standards and qualifies for streamlined CEQA review pursuant to CEQA Guidelines Section 15183.

Staff recommends approval of the prezoning ordinance, development agreement ordinance, annexation resolution, and denial of the appeal of the approval of the three tentative maps, based on findings provided.

DISCUSSION
Background
The total Project area includes mostly vacant parcels and comprises 530.18-acres and includes Assessor 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. This total Project area includes lands that will be developed with residential homes and infrastructure that serves those homes (such as streets and parks), as well as lands that are not planned for development at this time, such as lands set aside in an easement for Union Pacific Railroad (UPRR), Woodbridge Irrigation District (WID), and a Street, Service, Drainage, and Development (SSDD) easement.

The Project site is immediately northeast of the intersection of West Lane and Morada Lane. The Project site is bounded on the north by Bear Creek; west by West Lane (an existing regional arterial); on the south by Morada Lane and on the east by the UPRR right of way (Attachment A - Aerial Photo and Location Map).

Uses surrounding the Project area include:
· North by Bear Creek and lands within the City of Stockton known as the Tra Vigne Residential Project currently under development; and
· South by East Morada Lane, existing residential uses with Residential, Low (RL) and Residential, Medium (RM) zoning, as well as Westwood Elementary; and · West by West Lane, and Ronald E. McNair High School, which has a zoning designation of Public Facilities (PF); and
· East by Union Pacific Railroad right-of-way and residential uses with Residential, Low Density (RL) zoning.

The General Plan Land Use designation for the overall Project site is Low Density Residential, (Attachment B - General Plan Land Use Map).

There are no City of Stockton zoning designations for the overall Project site, however, the application requests prezoning to take effect when annexation into the Stockton City limits is considered and approved by the San Joaquin Local Agency Formation Commission (LAFCo). The City of Stockton Page 2 of 14 Printed on 7/2/2026
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File #: 26-0527, Version: 1
proposed prezoning includes a combination of Residential, Low Density (RL), Open Space (OS), and Public Facilities (PF) zoning, which is consistent with the existing General Plan designations/densities and acreages. Parklands will be distributed within the Project site in a manner to be accessible to the surrounding neighborhood. The surrounding zoning is shown in Attachment C - Zoning Map.

Project Description
On May 25, 2023, the Applicant filed a development application for all required entitlements to establish the Bear Creek South development, as well as the annexation of abutting parcels (the Project site), located at the northeastern intersection of East Morada Lane and West Lane.

The Bear Creek South Project proposes three (3) tentative maps (Klein, Tri Pointe, and Arnaiz - Attachment D) to subdivide all the Project parcels, which total approximately 530.89-acres, into a residential development of 2,241 residential lots of various sizes and densities, plus additional lots for parks and open space and rights-of-way easement.

Within the Project, there are three (3) developers, Tri Point, Klein, and Arnaiz, each proposing their own Tentative Map that are purposely integrated within one another to create a comprehensive residential development. Each of these developers have varying lot sizes to provide for differentiation in sizes for single-family home styles.

While the primary intent of the Project is to create residential lots, there are several areas that will be utilized to contribute towards the park and open space requirement of the Envision Stockton 2040 General Plan. There will be 27.2-acres of open space and 27.7-acres of public park space. Per the General Plan, a total of 35.18-acres of combined parks and open space is required. The Project exceeds that requirement by proposing to provide a total of 54.9-acres of combined parks and open space.

The Project will install on-site and off-site improvements, including public streets, sidewalks, curbs, gutters, landscaping, and street lighting. All proposed utilities (e.g., water, sewer, storm drainage) will be extended to the subject site from the existing utility network adjacent to the site and comply with the City’s Standard Plans and Specifications.

The proposed street network will connect into the greater Stockton community at five (5) access points, including three (3) along Morada Lane and two (2) along West Lane. These connection points will be made up of a combination of minor arterial roads and collector roads.

As noted previously, the Project will include full frontage improvements along West Lane and Morada Lane. Included in these improvements will be a fully signalized intersection at the northern entry point along West Lane and two fully signalized intersections at south entry points along Morada Lane.

STAFF ANALYSIS
The City Council is the Review Authority for Annexation filing, Prezoning, and Development Agreement requests, based on the recommendation of the Planning Commission. Pursuant to the Development Code, the Planning Commission reviewed and approved the requested three (3) Tentative Maps and the Project’s consistency with the California Environmental Quality Act (CEQA).

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An appeal of the Tentative Map approvals was filed and the City Council is the Review Authority concerning the appeal.

Environmental Clearance
CEQA Guidelines Section 15183 Consistency Determination The Project site has long been evaluated and designated for residential development at the proposed density under successive General Plans, including the 1990 General Plan, the Stockton 2035 General Plan which was adopted in 2007, and the current Envision Stockton 2040 General Plan, which was adopted in 2018. Accordingly, residential development of the Project site has been long contemplated by the City and was anticipated as part of the City’s long-term land use planning and environmental review efforts.

The City has determined that the Project qualifies for streamlined environmental review pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183, which apply to projects that are consistent with the development density and land use intensity established by an adopted general plan or zoning for which an Environmental Impact Report (EIR) has been certified.

Pursuant to CEQA Guidelines Section 15183(a), projects that are consistent with the development density established by an existing general plan for which an EIR was certified “shall not require additional environmental review” except as might be necessary to examine project-specific significant effects that are peculiar to the project or its site.

The Project is consistent with the Envision Stockton 2040 General Plan land use designation of Low Density Residential. The proposed Project site density of approximately 4.45 dwelling units per gross acre is below the maximum density permitted under the General Plan (6.1 units per acre based on gross acreage and 8.7 units per acre based on net acreage) and is therefore consistent with CEQA Guidelines Section 15183(i)(1).

The City previously certified the Envision Stockton 2040 General Plan Environmental Impact Report (SCH#2017052062), which evaluated environmental impacts associated with buildout of the General Plan, including the long planned for and designated low density residential development of the Project site. The Project site has been consistently designated for residential development in multiple prior General Plan iterations, and the type, location, and intensity of development proposed by the Project falls squarely within the scope of development patterns evaluated in the prior General Plans.

Consistent with Public Resources Code Section 21083.3(b) and CEQA Guidelines Section 15183(b), the City’s environmental review is limited to determining whether the Project would result in:
· Significant effects that are peculiar to the project or parcel; · Significant effects not analyzed as significant in the prior EIR; · Potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR; or
· Potentially more severe significant effects than those analyzed in the prior EIR.

As documented in the Section 15183 Consistency Checklist (included as Attachment E), the Project would not result in significant effects peculiar to the Project or Project site or any new or more severe City of Stockton Page 4 of 14 Printed on 7/2/2026
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significant impacts beyond those previously evaluated in the Envision Stockton 2070 General Plan EIR. In particular, CEQA Guidelines Appendix G Section 15183 Consistency Checklist provides substantial evidence that the Project is consistent with the General Plan, and that the Project meets the requirements of the statutory exemption defined under CEQA Guidelines Section 15183. Based on further examination of the Project and its site, the analysis in Section 15183 Consistency Checklist demonstrates that no such impacts peculiar to the Project or its site would occur. Further, any potential impacts of the Project or the site are 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).

This approach is consistent with California case law recognizing that CEQA does not require redundant environmental review for projects consistent with previously analyzed plans, including Wal-Mart Stores, Inc. v. City of Turlock (2006) 138 Cal.App.4th 273 and Rominger v. County of Colusa (2014) 229 Cal.App.4th 690. Accordingly, no further environmental review is required under CEQA.

Cultural Resources and Tribal Cultural Resources
A Cultural Resources Assessment (CRA) was prepared for the Project to evaluate the potential for historical resources pursuant to CEQA Guidelines Section 15064.5, and Tribal Cultural Resources pursuant to Public Resources Code Section 21074.

The CRA concluded that while the Project site has been subject to extensive disturbance from over 175 years of agricultural activity, the potential for buried subsurface resources cannot be entirely discounted.

The CRA was prepared in coordination with a representative of the Northern Valley Yokuts, who are recognized as the tribe historically and culturally affiliated with the Project area and appointed Most Likely Descendant (MLD) by the Native American Heritage Commission (NAHC). The Northern Valley Yokuts provided meaningful input during preparation of the CRA and have reviewed the Project Requirements pertaining to cultural and tribal cultural resources. Based on that coordination, the Northern Valley Yokuts have expressed support for the Project Requirements. These Project Requirements are discussed briefly below.

In addition to the uniformly applied development policies, standards, and regulatory requirements applicable to the Project, the applicant has incorporated a series of Project Requirements into the Project design. These Project Requirements are components of the Project itself and are intended to ensure compliance with applicable federal, state, and local laws and regulations, as well as relevant General Plan policies and actions. For example, Project Requirement No. 6 (PR 6) implements Envision Stockton 2040 General Plan Actions LU-5.2.D, LU-5.2.E, and LU-5.2.F by establishing procedures for the identification, evaluation, treatment, and protection of archaeological resources and tribal cultural resources that may be encountered during project implementation. Collectively, the Project Requirements further reduce the potential for environmental impacts and ensure consistency with the City’s existing regulatory framework.

Generally, Assembly Bill 52 (AB 52) consultation requirements are codified in Public Resources Code Sections 21080.3.1 through 21080.3.3 and apply when a lead agency determines that a project City of Stockton Page 5 of 14 Printed on 7/2/2026
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requires preparation of specific, enumerated CEQA documents, namely a Negative Declaration (ND), Mitigated Negative Declaration (MND), or an EIR.

During preparation of the Envision Stockton 2040 General Plan Environmental Impact Report (EIR), the City conducted tribal consultation consistent with Senate Bill 18 (SB 18) and Assembly Bill 52 (AB 52). Tribes identified by the Native American Heritage Commission (NAHC) were notified and invited to consult on the General Plan update and its EIR, and consultation was conducted with those tribes that requested formal consultation. The Lisjan Nation was not included among the tribes notified for the General Plan EIR because it was not identified on the NAHC-provided contact list at that time and had not submitted a written request to the City to receive AB 52 notices pursuant to Public Resources Code Section 21080.3.1(b). The consultation process informed the development of policies and mitigation measures incorporated into the General Plan.

The Envision Stockton 2040 General Plan EIR determined that buildout under the General Plan could result in impacts to Tribal Cultural Resources; however, it concluded that these impacts would be reduced to a less than significant level through the implementation of self-mitigating General Plan policies. Specifically, General Plan Actions LU-5.2.D, LU-5.2.E, and LU-5.2.F which require measures such as early identification of Tribal Cultural Resources, consultation with appropriate tribal representatives, worker training, and procedures for the treatment of inadvertent discoveries. These policies were adopted as part of the General Plan and are uniformly applied to subsequent development projects, including the Bear Creek South Project.

Because AB 52 consultation requirements are triggered only when a lead agency prepares a ND, MND, or EIR, and because the City did not prepare an ND, MND or EIR for this Project but rather this Project tiers from the previously certified Envision Stockton 2040 General Plan EIR (2040 GP EIR), under CEQA Guidelines Section 15183, additional AB 52 consultation process was not required for this Project. However, earlier in the Project review process, the City did circulate AB 52 notification letters for the Project because at that time it was evaluating whether an EIR might be required and wanted to invite tribal input at the earliest possible point in that process. The Lisjan Nation requested consultation, and the City engaged in good-faith consultation regarding Tribal Cultural Resources.

The Circle Law Group submitted a comment letter on behalf of the Lisjan Nation on March 18, 2026, alleging that the City failed to acknowledge the Lisjan Nation’s concerns regarding potential impacts to tribal cultural resources. The administrative record, however, reflects that the City engaged in an extensive, good-faith consultation process with the Lisjan Nation beginning shortly after issuance of the AB 52 consultation notices on November 8, 2024. Following the Lisjan Nation’s request for consultation on November 13, 2024, City staff promptly provided the Cultural Resources Assessment and participated in numerous communications with tribal representatives regarding the Project, including responding to requests for information, coordinating access to available cultural resource documentation, explaining the confidentiality restrictions applicable to records maintained by the Central California Information Center (CCIC), and scheduling consultation meetings to discuss the Project and potential measures to address tribal cultural resources.

As part of that consultation process, City staff met with representatives of the Lisjan Nation on January 22, 2025, during which the Nation requested additional information regarding the Property and recommended that non-invasive subsurface testing be performed. The City subsequently provided the Lisjan Nation with an updated Cultural Resources Assessment and continued coordinating additional consultation. Although a second consultation meeting was scheduled for City of Stockton Page 6 of 14 Printed on 7/2/2026
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August 6, 2025, the meeting was cancelled by the Lisjan Nation while it pursued direct access to confidential CCIC records.

Consultation efforts continued into 2026. On January 28, 2026, City staff and representatives of the Lisjan Nation held an additional consultation meeting to discuss the Project, the revised Cultural Resources Assessment, and proposed Project Requirements addressing tribal cultural resources.

Following that meeting, the City transmitted the revised site plan, updated Cultural Resources Assessment, and comprehensive Project Requirements to the Lisjan Nation and expressly requested any comments or feedback by March 16, 2026, in advance of the scheduled Planning Commission hearing.

Consistent with the comments and recommendations received throughout the consultation process, the applicant revised the Project Requirements to strengthen protections for tribal cultural resources.

Specifically, the Project Requirements were modified to require non-invasive subsurface testing of the Property and to require the participation of both a Tribal representative and a qualified archaeologist during that testing. These revisions were incorporated into the Project in direct response to concerns raised during consultation and are intended to further ensure the identification and appropriate treatment of any previously unknown tribal cultural resources.

Nevertheless, on March 18, 2026, the Circle Law Group submitted a comment letter on behalf of the Lisjan Nation asserting that the City had failed to acknowledge the Nation’s concerns regarding tribal cultural resources, and on April 8, 2026, one day prior to the Planning Commission hearing, submitted an additional comment letter asserting that the City remained obligated to continue consultation. As discussed below, the administrative record demonstrates that the City engaged in an extensive and ongoing consultation process with the Lisjan Nation, carefully considered the comments and recommendations received throughout that process, and incorporated revisions to the Project Requirements in direct response to those comments.

Overall, the City’s final cultural resources analysis and Project requirements have been informed through coordination with the Lisjan Nation and Northern Valley Yokuts, the tribe that is historically and culturally affiliated with the Project area. As noted above, Northern Valley Yokuts have expressed support for the Project Requirements.

The Project incorporates specific applicant-proposed Project Requirements as conditions of approval that are proposed and designed to ensure consistency with General Plan policies, Federal and State legal requirements, including:
· Subsurface testing;
· Archaeological oversight;
· Tribal participation, as appropriate;
· Worker training;
· Inadvertent discovery protocols consistent with Public Resources Code Section 5097.98; and · Treatment plans consistent with professional standards.

With adherence to these Project Requirements that are in accordance with the various generally applicable existing legal and regulatory requirements (e.g., General Plan policies and actions, along with Federal, State, and local regulations), the Project would not result in any new or more severe impacts not already identified and addressed in the 2040 GP EIR - consistent with the 2040 GP EIR’s City of Stockton Page 7 of 14 Printed on 7/2/2026
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findings regarding cultural and tribal cultural resources. (See 2040 GP Draft EIR, pp. 4.5-18 to 4.5-

20.)
In response to the April 8 letter from the Lisjan Nation and following the April 9, 2026, Planning Commission hearing about the Project, the Project Applicant retained Tremaine Associates, Cultural Resources Consulting, to conduct an independent third-party peer review of the CRA and the City’s Section 15183 Analysis regarding impacts on Tribal Cultural Resources (Attachment F).

The third-party peer review concluded that the 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 and tribal cultural concerns raised by the site’s resource history and soils conditions. But the third-party review identified and recommended three (3) additional enhancements to further strengthen the efficacy of the Project Requirements.

These recommendations include: (1) developing a written Pre-Construction Testing Plan for subsurface testing required under Project Requirement 6 prior to issuance of grading permits; (2) establishing a data recovery as the treatment standard for any significant subsurface discoveries for the treatment plan to be prepared consistent with the SOI’s Standards under Project Requirement 6; and (3) confirm Tribal coordination protocol in Project documentation for clarifying the identity of the Tribal Monitor or Monitors and their respective roles under Project Requirements 6, 7, and 8, which are contained in pagers 5 and 6 of the technical memo prepared by Tremaine Associates which is included with the Applicant’s letter (Attachment F). The City is incorporating these recommended enhancements included in the third-party report prepare by Tremaine Associates as conditions of approval of this Project to further strengthen the efficacy of the Project Requirements 6 through 8.

Overall, the City has consulted with and has provided meaningful opportunities for tribal input and consideration of such input, and no additional consultation is required for this Project under CEQA.

Further, implementation of various generally applicable existing legal and regulatory requirements and Project Requirements 6 through 8, and compliance with a condition of approval recommended for inclusion to implement the enhancements recommended by the Tremaine memorandum would ensure that the Project and the site impacts would be consistent with the 2040 GP EIR’s findings regarding cultural and tribal cultural resources.

For additional information and evidence related to these CEQA and Tribal Cultural Resource and tribal consultation issues, please see the recent letter received from the applicant’s counsel (also included in Attachment F).

CEQA Conclusion
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 the proposed density has been contemplated in multiple prior General Plan iterations and associated environmental reviews.

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. All applicable uniformly applied development policies, standards, and mitigation measures will be implemented.

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Accordingly, no additional environmental document is required under CEQA. The Project also incorporates robust measures to address cultural and Tribal Cultural Resources, ensuring compliance with applicable law and consistency with the intent of AB 52.

Prezoning
Since the Project site is presently located within an unincorporated area of the County of San Joaquin, annexation must occur and be preceded by “Prezoning” through a Zoning Map Amendment.

The Project includes a request to Prezone the site to Residential, Low Density (RL) zoning, as well as Public Facilities (PF), and Open Space (OS) zoning (Attachment G - Prezoning Description and Map).

The 2040 General Plan Land Use Map designates the Project site as Low Density Residential (LDR).

Pursuant to Table 2-1 (General Plan Relationship to Development Code) of the General Plan, RL, OS, and PF zoning is compatible with the General Plan Land Use designation of Low Density Residential. As reflected in the Proposed Resolution, all necessary findings can be made to support the proposed Prezoning action.

Upon approval of the Annexation by LAFCo, the Zoning Map Amendment would become effective and applicable, and the lands would officially be a part of the City of Stockton.

Annexation
The overall Project site is located within the City’s Sphere of Influence, and the proposed zoning of RL, PF, and OS is consistent with the General Plan Land Use Map designation of LDR. The area proposed for annexation includes all Project parcels, including non-development parcels, including APNs 120-020-260; -270; -300; -310; -320; and a portion of -300; 120-030-060; -070; -090; and -100; 122-010-050; 124-010-010; -030; -070; 124-020-110 and -120 (Attachment H - Annexation Map).

As the overall Project site is presently located within the jurisdiction of San Joaquin County, the applicant has requested annexation of the Project site into the City of Stockton. Pursuant to SMC Section 16.212.050(E)(1), the City Council is the Review Authority for annexation requests upon recommendation from the Development Review Committee (DRC).

Development Review Committee
Per SMC 16.212.050(C)(1) the Development Review Committee (DRC) is responsible for reviewing and recommending decisions on Annexations, condominium projects, development agreements, master development plans, multifamily projects, planned development permits, precise road plans, sphere of influence amendments and updates, specific plans, street name changes, tentative maps, and utility master plans and major utility extensions.

On March 25, 2026, the DRC reviewed the Project merits of the DA and annexation of the Project site and recommended approval to the Director. If approved by the City Council, the City Manager would be authorized to file an annexation application with the San Joaquin Local Agency Formation Commission (LAFCo) and execute the DA.

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Development Agreement
A Development Agreement (DA) is being requested with the Project. A DA is an agreement between a city and a developer that provides certainty for a project's development rules, fees, and timeline, and provides public benefits for a city.

Here, the proposed DA, included as an Exhibit to the accompanying ordinance in the legislative report, includes an initial 10-year term and opportunity for the Developer to request two (2) additional 5-year extensions based on achieving specified development milestones, for a combined total of 20 years. If approved, the DA locks in the current City Public Facilities Fee rates for 10 years from the date the Agreement becomes effective. In exchange, the City will receive land at no cost to the City for the proposed neighborhood parks (present day value of $4.15 million dollars) that would normally be eligible for reimbursement from the Public Facilities Fee program. The Developer shall only be eligible for receiving fee credits on 50% of the parkland fee within the Project area. Further, construction of any of the parks within an approved Final Map shall commence during site development, benefitting new homeowners early on, as opposed to having an unimproved lot in the neighborhood for a future park that might be constructed many years later.

The approval of a DA is accomplished by the adoption of an Ordinance and shall be based on and contain the findings of fact listed in SMC 16.128.080. The proposed Project DA is included as Exhibit 1A to the Ordinance recommending approval of the DA to the City Council.

PLANNING COMMISSION HEARING
On April 9, 2026, the Planning Commission held a public hearing to consider the proposed Project request for approval of the three (3) Tentative Maps and recommendation that City Council approve Prezoning of the site and a Development Agreement based on recommended findings provided in the City staff report.

There were three (3) comment letters submitted regarding the Project prior to the Planning Commission hearing. Comments were received from:

1. The Circle Law Group representing the Confederated Villages of Lisjan Nation on April 8, 2026 regarding Tribal Cultural Resources and alleging that consultation has been insufficient and should continue, and opining that the Project should not move forward without further review and tribal involvement.

2. The Sierra Club’s - Delta-Sierra Group of the Mother Lode Chapter, on April 7, 2026, regarding providing housing dedicated to low-income households, as well as the inclusion of EV-ready outlets in all homes for electric cars.

3. Mary Elizabeth on April 9, 2026, raising concerns regarding the Project’s alleged inconsistency with multiple General Plan policies; a critique on the expansion into greenfield/agricultural lands; parks and open space calculation standards; infrastructure and public services concerns including alleged outdated public facility fees (PFF); habitat and agricultural conversion; and community planning concerns, with a request to continue/delay the hearing to provide additional analysis and clarification of mitigation measures. Ms. Elizabeth also submitted an appeal which is discussed in the next section.

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During the public hearing, comments from the public were received and generally related to Tribal Cultural Resources. The Planning Commission voted 5-0 (Sanguinetti, recusal, Graves absent) to approve the three (3) Tentative Maps (Attachment I - Planning Commission Resolutions), and to recommend that the City Council determine the project is consistent with General Plan and its prior certified Environmental Impact Report, approve a Prezoning, and a Development Agreement.

APPEAL
On April 20, 2026, Mary Elizabeth (Appellant) filed an appeal (Attachment J) of the Planning Commission’s decision citing several areas of concern as discussed in length below. For clarity, the Planning Commission’s formal action was the approval of three (3) tentative maps for the Bear Creek Project; the remainder of their action was advisory and recommendations to the City Council (not considered an appealable decision). Therefore, the only Planning Commission actions available for appeal are the approvals of the tentative maps, which are not explicitly mentioned in the Appellant’s appeal statement.

The Applicant has prepared a detailed response to the issues raised by the Appellant, which is included in Attachment F.

Appeal Issue A-1: General Plan Consistency
The Appellant states that she believes the Project is inconsistent with various General Plan policies, including those related to preservation of agricultural land, prioritization of infill development, and reduction of vehicle miles traveled.

Staff Response: The Project has been evaluated for consistency with the Envision Stockton 2040 General Plan and has been determined to be consistent with the applicable land use designation, density, and policies. The Project site is designated Low Density Residential and is within the City’s Sphere of Influence. While the General Plan includes policies encouraging infill development, it also contemplates planned growth areas within the Sphere of Influence. Staff finds the Project consistent with the General Plan, and the Appellant provides no evidence for her assertion that the Project is inconsistent with the cited General Plan policies.

Appeal Issue A-2: Annexation / Greenfield Development
The Appellant states that she is concerned the Project promotes greenfield development and urban expansion into agricultural areas rather than focusing growth within existing developed areas of the City
Staff Response: The General Plan anticipates a combination of infill and planned expansion to accommodate projected growth. The Project site has long been designated for residential development at an even higher density than is currently proposed for this Project under successive General Plans and was evaluated as part of the Envision Stockton 2040 General Plan EIR.

Conversion of agricultural land in designated growth areas was anticipated and programmatically analyzed. Staff finds the Project consistent with the General Plan.

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Appeal Issue A-3: CEQA/Section15183 Documentation (alleged Checklist Discrepancy) The Appellant states that she is concerned about alleged discrepancies between versions of the Section 15183 Consistency Checklist and questions whether the environmental review documents provided to decision-makers were complete and accurate.

Staff Response: The referenced documents represent administrative updates to the Section 15183 Consistency Checklist. No substantive changes were made that would alter the conclusions of the environmental analysis. The final version of the checklist is prepared for decision-makers on the Project and constitutes the official environmental record that contains substantial evidence supporting the City’s determination under CEQA Guidelines Section 15183. The City’s website has been updated with the 15183 version provided to the Planning Commissioners.

Appeal Issue A-4: Parks and Open Space
The Appellant states that she is concerned that park acreage may not meet General Plan standards and that a storm basin may be improperly counted as parkland.

Staff Response: Parkland requirements are addressed through the City’s subdivision and development review process and are subject to applicable standards and conditions of approval.

Consistent with the Envision Stockton 2040 General Plan, the Project is required to provide a minimum of 35.18 acres of combined parks and open space. As proposed, the Project includes approximately 27.7 acres of public park space and 27.2 acres of open space, for a total of approximately 54.9 acres of combined parks and open space. Accordingly, the Project exceeds the applicable General Plan requirement by approximately 19.72 acres.

The Appellant’s concern regarding the inclusion of the stormwater basin as parkland is likewise unfounded. The stormwater basin has been specifically designed and approved for joint use as both a drainage facility and recreational open space, consistent with City standards and long-standing planning practice. As such, the jointly used facility is appropriately credited toward the Project’s park and open space obligation.

Appeal Issue A-5: Infrastructure and Public Services
The Appellant states that she feels there is uncertainty regarding stormwater design, mosquito control, and adequacy/timing of infrastructure funding.

Staff Response: The Project will be required to comply with all applicable City engineering standards, stormwater regulations, and vector control requirements at the time of improvement plan approval.

Detailed design, including stormwater management, will be reviewed and shall be approved prior to construction. The Project is also subject to applicable development impact fees and infrastructure financing requirements to ensure provision of necessary public services.

Appeal Issue A-6: Habitat Conservation and Agricultural Conversion The Appellant states that she is concerned that impacts to biological resources may not be adequately addressed and questions how compliance with the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan will be monitored and enforced.

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Staff Response: The Section 15183 Analysis for the Project notes that the Project is required 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…” The Project is subject to the requirements of the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP), a regional habitat conservation program that provides a comprehensive framework for mitigating impacts to covered species and habitats. The City of Stockton implements its obligations under the SJMSCP through Chapter 13.40 of the Stockton Municipal Code, which requires qualifying development projects to pay applicable SJMSCP development fees. Compliance with the SJMSCP, including payment of the required fees and implementation of applicable program requirements, provides mitigation for impacts to covered biological resources in accordance with the adopted regional conservation program.

With respect to agricultural land conversion, the Envision Stockton 2040 General Plan Environmental Impact Report determined that the cumulative conversion of agricultural land associated with General Plan buildout would result in a significant and unavoidable impact. Consistent with the City's adopted mitigation framework, the Project will be required to pay the applicable Agricultural Land Mitigation Fee, which funds the preservation of agricultural lands through conservation easements elsewhere within San Joaquin County.

Appeal Issue A-7: Loss of Neighborhood-Serving Commercial Uses The Appellant states that she is concerned that the removal or reduction of planned neighborhoodserving commercial uses may reduce walkability, increase vehicle trips, and diminish the creation of a complete community. Appellant is also concerned the Project may increase vehicle miles traveled and associated greenhouse gas emissions due to its location and land use configuration.

Staff Response:

Land use designations and zoning decisions are evaluated based on overall consistency with the Envision Stockton 2040 General Plan. While the Appellant expresses a preference for additional neighborhood-serving commercial uses, the Project remains consistent with the applicable General Plan land use designation and implementing policies. The proposed land use pattern, including the location and extent of commercial uses, reflects the development framework established by the General Plan.

The Appellant’s concerns regarding walkability, vehicle miles traveled (VMT), greenhouse gas emissions, and the creation of a complete community were evaluated at the program level in the Envision Stockton 2040 General Plan Environmental Impact Report. The Project is consistent with the General Plan’s adopted land use designations and does not result in impacts peculiar to the Project or the site that were not previously analyzed.

To the extent the Appellant raises concerns regarding affordable housing, the Project will contribute to the City’s overall housing supply by providing additional residential units consistent with the General Plan and the City’s Regional Housing Needs Allocation (RHNA) planning objectives. The Project is not proposed as an affordable housing development, nor is approval of the Project City of Stockton Page 13 of 14 Printed on 7/2/2026
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contingent upon the provision of deed-restricted affordable units. Accordingly, the absence of an affordable housing component does not render the Project inconsistent with the General Plan or otherwise provide a basis for denial of the requested entitlements.

PUBLIC COMMENTS
An applicant sponsored neighborhood meeting was held on September 10, 2025, in compliance with SMC 16.88.025. The meeting was held at Westwood Elementary School, which is located at 9444 Caywood Drive in Stockton. There were nine (9) members of the public in attendance, as well as the applicant team and City Staff. Many had general questions about the overall Project, including questions about traffic and parks. All attendees were in support of the Project.

On May 28, 2026, a public records request was received from Lozeau Drury LLP representing Laborers International Union of North America, Local No. 73, and on May 29, 2026 a communication was received requesting an extension of the hearing to allow receipt and review of biological field survey results for April and May of 2026 for the Project and qualifications of the biologist that conducted the survey. The requested information was provided by the City on June 30, 2026 (See Attachment K).

Notice for the City Council public hearing for this request was published in The Record on June 18, 2026, and mailed notice was sent to all property owners within a 300-foot radius at least twenty (20) days prior. As of the writing of this staff report, no written comments have been submitted.

FINANCIAL SUMMARY
Approval of the project would provide additional revenue to the City’s General Fund collected through property taxes and additional revenue to the Development Services Fund collected through building permits. There is no impact to the City’s General Fund or any other unrestricted fund. Costs associated with the proposed design and construction of improvements will be borne by the developer.

Attachment A - Aerial Photo and Location Map
Attachment B - General Plan Land Use Map
Attachment C - Zoning Map
Attachment D - Tentative Maps
Attachment E - CEQA 15183 Checklist
Attachment F - Applicant’s Letter
Attachment G - Prezoning Description and Map
Attachment H - Annexation Map
Attachment I - Planning Commission Resolutions
Attachment J - Appeal
Attachment K - Public Comment (Lozeau Drury LLP) and City Response City of Stockton Page 14 of 14 Printed on 7/2/2026
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City of Stockton, CA
Aerial Photo and Locati on Map November 18, 2025
Property Information
Property ID 12002027-96871
Location 10122 WEST LN
Owner LA MORADA PARTNERSHIP LTD

MAP FOR REFERENCE ONLY

NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.

Geometry updated 05/03/2023
Data updated 05/01/2023
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 1426.2751641184102 ft

ATTACHMENT A
1391
City of Stockton, CA
Genera l Plan Map November 18, 2025
Property Information
Property ID 12002027-96871
Location 10122 WEST LN
Owner LA MORADA PARTNERSHIP LTD

MAP FOR REFERENCE ONLY

NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.

Geometry updated 05/03/2023
Data updated 05/01/2023
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 1426.2751641184102 ft

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Map Theme Legends
General Plan Map
City of Stockton GIS data

ECONOMIC AND EDUCATION ENTERPRISE

RESIDENTIAL ESTATE

LOW DENSITY RESIDENTIAL

MEDIUM DENSITY RESIDENTIAL

HIGH DENSITY RESIDENTIAL

ADMINISTRATIVE-PROFESSIONAL

COMMERCIAL

INDUSTRIAL

INSTITUTIONAL

OPEN SPACE/ AGRICULTURE

PARKS AND RECREATION

MIXED USE

RIGHT OF WAY

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City of Stockton, CA
Zoning Map November 18, 2025
Property Information
Property ID 12002027-96871
Location 10122 WEST LN
Owner LA MORADA PARTNERSHIP LTD

MAP FOR REFERENCE ONLY

NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.

Geometry updated 05/03/2023
Data updated 05/01/2023
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 1426.2751641184102 ft

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Map Theme Legends
Zoning
City of Stockton, CA Zoning Data

COMMERCIAL AUTO DISTRICT (CA)

DOWNTOWN COMMERCIAL (CD)

GENERAL COMMERCIAL (CG)

LARGE SCALE COMMERCIAL (CL)

NEIGHBORHOOD COMMERCIAL (CN)

OFFICE COMMERCIAL(CO)

GENERAL INDUSTRIAL(IG)

LIMITED INDUSTRIAL (IL)

PORT (PT)

LOW DENSITY RESIDENTIAL (RL/P)

MEDIUM DENSITY RESIDENTIAL (RM/P)

HIGH DENSITY RESIDENTIAL (RH/P)

MIXED USE (MX)

OPEN SPACE (OS)

PUBLIC FACILITIES (PF)

UNIVERSITY/COLLEGE (UC)

RIGHT OF WAY (ROW)

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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

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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

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Table of Contents
Project Title................................................................................................................................................................... 3 Lead Agency Name and Address .......................................................................................................................... 3 Contact Person and Phone Number .................................................................................................................... 3 Project Sponsors’ Names and Addresses .......................................................................................................... 3 Project Description .................................................................................................................................................... 7 Requested Entitlements and Other Approvals .............................................................................................12 Project-Specific Environmental Review..........................................................................................................38 Environmental Checklist ............................................................................................................................................40 I. AESTHETICS .......................................................................................................................................................40 II. AGRICULTURE AND FOREST RESOURCES...........................................................................................45 III. AIR QUALITY...................................................................................................................................................49 IV. BIOLOGICAL RESOURCES ..........................................................................................................................58 V. CULTURAL RESOURCES...............................................................................................................................79 VI. ENERGY .............................................................................................................................................................84 VII. GEOLOGY AND SOILS ................................................................................................................................. 91 XIII. GREENHOUSE GAS EMISSIONS ............................................................................................................97 IX. HAZARDS AND HAZARDOUS MATERIALS.......................................................................................110 X. HYDROLOGY AND WATER QUALITY...................................................................................................117 XI. LAND USE AND PLANNING ....................................................................................................................124 XII. MINERAL RESOURCES............................................................................................................................125 XIII. NOISE............................................................................................................................................................126 XIV. POPULATION AND HOUSING .............................................................................................................131 XV. PUBLIC SERVICES .....................................................................................................................................133 XVI. RECREATION.............................................................................................................................................139 XVII. TRANSPORTATION ...............................................................................................................................142 XVIII. TRIBAL CULTURAL RESOURCES....................................................................................................149 XIX. UTILITIES AND SERVICE SYSTEMS..................................................................................................152 XX. WILDFIRE.....................................................................................................................................................157 XXI. MANDATORY FINDINGS OF SIGNIFICANCE.................................................................................160 References ...............................................................................................................................................................162

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Appendix A: CalEEMod Results.............................................................................................................................164 Appendix B: IPAC Species List...............................................................................................................................166 Appendix C: Cultural Resources Assessment..................................................................................................168 Appendix D: Environmental Noise Assessment.............................................................................................170 Appendix E: Transportation Impact Analysis................................................................................................. 172 Appendix F: Water Supply Assessment.............................................................................................................174 Appendix G: Examination of Bear Creek South Project relative to the General Plan and General Plan EIR ..........................................................................................................................................................................174

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ENVIRONMENTAL CHECKLIST

PROJECT TITLE
Bear Creek South

LEAD AGENCY NAME AND ADDRESS
City of Stockton, Community Development Department, Planning Division 345 N. El Dorado Street
Stockton, CA 95202
(209) 937-8266

CONTACT PERSON AND PHONE NUMBER
Nicole D. Moore, LEED-AP – Contract Planner
City of Stockton
345 N. El Dorado Street
Stockton, CA 95202
Phone: (209) 937-8561
Email: [email protected]
PROJECT SPONSORS’ NAMES AND ADDRESSES
Matt Arnaiz
Eight Mile Road Investors, LLC.
4300 East Eight Mile Road, Suite A
Stockton, CA 95212
(209) 931-9740
Steven Klein
Bear Creek Family Limited Partnership
3101 West March Lane, Suite B
Stockton, CA 95219
(209) 403-4018
Jason Cole
Tri Pointe Homes Holdings, Inc.
2700 Camino Ramon, Suite 130
San Ramon, CA 94583
(415) 231-8374

INTRODUCTION
This document provides an analysis of the proposed Bear Creek South Project (proposed Project) with respect to the Project’s consistency with the City of Stockton General Plan, the analysis contained in the General Plan Environmental Impact Report (EIR), and any site-specific environmental impacts or cumulative impacts that are peculiar to the Project.

As explained in the following pages, the proposed Project is consistent with the City’s General Plan, for which an EIR was prepared and certified, and there are no site-specific or cumulative

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impacts associated with the proposed Project that have not been fully addressed in a previous environmental document, or that cannot be mitigated to a less than significant level through the application of uniformly applied development policies and/or standards. The findings presented below demonstrate that no additional environmental analysis is required under the California Environmental Quality Act (CEQA) prior to approval of the proposed Project.

PROJECTOVERVIEW

PROJECT LOCATION
The Bear Creek South Project site (proposed Project site) is 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) (as defined in the Envision Stockton 2040 General Plan), and within the City of Stockton Urban Services Boundary.

The Project site is immediately northeast of the intersection of West Lane and Morada Lane. The Project site 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. Figures 1 and 2 show the Project’s regional location and vicinity.

PROJECT AND ANNEXATION AREAS DEFINED
The overall Project consists of three proposed vesting Tentative Maps. The Project applicants processing the individual vesting Tentative Maps are referred to as Arnaiz, Klein and Tri Pointe Homes (TPH) throughout this Project Description. Collectively, the Project is referred to as the Bear Creek South Project.

The following terms are used throughout this Project Description to describe the boundaries within the Project site:
• Development Area or Project Site – 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 – 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. • Annexation Area – includes the whole of the Project, including the Development and Non-Development Areas (totaling 530.18 acres).

Table PD-1 lists each parcel included in the Project site and Figure 3 illustrates the APNs.

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Table PD-1: Parcels Within the Project Site/Development and Non-Development Areas Area (AC) Total Area (AC) Land (%)
Development Area
Arnaiz - Development Area
APN: 120-020-270 111.57 111.57 22%
Klein - Development Area
APN: 120-030-060 53.07
APN: 120-020-320 23.45 220.09 44%
APN: 120-020-310 70.94
Tri Pointe Homes Holdings - Development Area
Portion of APN: 120-020-300 101.29
172.23 34%
APN: 120-030-100 70.94
Total 503.89 100%
Non-Development Area
City of Stockton (Road Right-of-Way)
APN: 120-030-070 0.24
APN: 120-030-090 3.97 6.06 23%
APN: 120-020-260 1.85
Union Pacific Railroad (Congressional Grant Area)
APN: 122-010-050 0.37
Portion of APN: 120-020-300 11.75 19.62 75%
APN: 124-010-010, -030, -070 7.26
Sacramento-San Joaquin Drainage District
APN: 124-020-110 0.09

0.61 2%
APN: 124-020-120 0.52
Total 26.29 100%
Total Project Area 530.18 acres
SOURCE: VVH ENGINEERING. MAP DATE: JULY 8, 2024.

SITE TOPOGRAPHY
The Project site is relatively flat and ranges in elevation from approximately 24 feet above sea level in the southwest corner, rising to 32 feet above sea level in the northeast corner of the Project site.

EXISTING SITE USES
The Development Area is predominantly comprised of agricultural uses and related facilities such as associated agricultural equipment and irrigation ditches. Additionally, six dirt/gravel roadways bisect the Development Area, 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.

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Irrigation canals, operated by the Woodbridge Irrigation District (WID), run along the northeast and central portions of the Development Area, and are referred to as the Peters Castle Lateral and are used for delivery of irrigation water to District customers.

The portion of the WID’s Peters Castle Lateral located within the Development Area is currently an open ditch canal approximately 7,130 feet in length that begins at the west boundary of the UPRR right of way, proceeds westerly until it meets the Bear Creek levee, and then turns southerly to Morada Lane where it transitions into an underground pipe.

The Non-Development Area along the proposed Project site’s entire eastern boundary consists of a UPRR 200-foot setback easement area. One single is located within this UPRR right of way.

The Annexation Area includes right-of-way areas along West Lane and Morada Lane, forming the western and southern borders of the Project site, respectively.

Figure 4 shows aerial imagery of the current existing site use within the Project site.

EXISTING SURROUNDING USES
The overall Development Area is bordered on the north by Bear Creek, on the east by UPRR rightof-way, on the west by West Lane, and on the south by Morada Lane. The Project site is primarily bounded by lands within the City of Stockton (City) to the north, south, west, and east. Uses within the surrounding area include the following:
• North – Bear Creek, and further north of Bear Creek is the approved Tra Vigne Residential Development. Current uses within the Tra Vigne site are agricultural and industrial. • South – Westwood Elementary School, single family residential uses and commercial at the southeast corner of West Lane and Morada Lane.
• West – West Lane, and further west of West Lane is McNair High School and Masasi Park. • East – UPRR and east of the Railroad right-of-way are residential subdivisions that are part of the Cannery Residential Master Plan area.

EXISTING GENERAL PLAN LAND USE DESIGNATIONS
The Project site is currently located within San Joaquin County. The Project site is outside Stockton city limits, but within the City’s Sphere of Influence (SOI). The Envision Stockton 2040 General Plan delineates three areas known as the Urban Service Area Boundary (USAB), Sphere of Influence (SOI), and General Plan Planning Area, all of which are larger than the city limit. The General Plan Environmental Impact Report (EIR) focused on the analysis of potential changes within the SOI (i.e., the “(General Plan) EIR Study Area”). The Envision Stockton 2035 General Plan designated the Project site for Low Density Residential uses. The Envision Stockton 2040 General Plan also designates the Project site for Low Density Residential uses.

GENERAL PLAN LAND USE DESIGNATIONS
The Envision Stockton 2040 General Plan Land Use Map (Figure 5) designates the entire Project site as Low Density Residential (LDR). Below is a general description of the City-designated LDR land use within the Project site:

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Low Density Residential (LDR): This designation allows for single-family residential units, duplexes, triplexes, semi-detached patio homes, town homes, public and quasipublic uses, second units, and other similar and compatible uses. The maximum density is 6.1 units per acre based on gross acreage and 8.7 units per acre based on net acreage.

SURROUNDING GENERAL PLAN DESIGNATIONS
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.

PROJECT DESCRIPTION

PROJECT OBJECTIVES
Consistent with CEQA Guidelines Section 15124(b), a clear statement of objectives and the underlying purpose of the proposed Project shall be discussed. The principal objective of the proposed Project is the approval and subsequent implementation of the Bear Creek South Project (the proposed Project). The quantifiable objectives of the proposed Project include the development of the approximately 503.89-acres Development Area for residential and park uses, as well as the annexation of the 530.18-acre Annexation Area, as described below.

The Bear Creek South Project identifies the following Project objectives as part of the stated purpose:
• Provide residential housing opportunities that are visually attractive and accommodate the future housing needs in Stockton.
• Provide infrastructure, public facilities, and park space that meets City standards, in a centralized setting that is integrated with existing and planned facilities and connections and increases recreational opportunities for existing and future residents of the City. • Incorporate Woodbridge Irrigation District facilities into the Project design, that maintains their purpose while avoiding any conflicts with future residents. • Establish a logical phasing plan among the three landowners to ensure that each phase of development would include necessary public improvements that are required to meet City standards, both onsite and offsite.
• Annex the Annexation Area and eliminate the unincorporated island that was created with the annexation of the Tra Vigne Project to the north.

PROJECT DESCRIPTION
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:

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• 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 liner 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 PD-2 summaries the total unit count and acreage for each proposed land use in the Project site. Figure 7 provides an overall Site Plan of all three ownerships combined.

Table PD-2: Gross Land Use Summary – Overall Project Area

PROPOSED LAND USE 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 --
West Lane (Parcel B) 0.2 --
West Lane (Parcel C) 0.6 --
SOURCE: VVH CONSULTING ENGINEERS, 2024.

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Residential Development
The proposed 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 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.

Parks and Open Space
The Project includes the following park facilities:
• An approximately 4.7-acre “Central” Park adjacent to and surrounding the primary detention basin, which is approximately 4.9 acres in size; • An approximately 4.9-acre “Northwest” Park;
• An approximately 7.7-acre “Northeast” Park;
• An approximately 4.9-acre “Southeast” Park; and
• An approximately 5.5-acre “Southwest” Park.

The “traditional” type park facilities total approximately 27.7 acres.

In addition to the Parks, there will be a series of streets with an enhanced right of way to accommodate a pedestrian “wellness walk.” This “wellness walk” will tie different areas to the internal parks and encourage movement throughout the Project site.

Further, Bear Creek will be bordered by a frontage road with an open space area containing a 20- foot width from the toe of slope, adjacent to a 19-foot landscaped area with a 12-foot wide multi use path. The total open space area along Bear Creek is approximately 22.3 acres.

Circulation
The proposed street network will connect into the greater Stockton community at five access points, including three along Morada Lane and two along West Lane. These connection points will be made up of a combination of minor arterial roads, with and without a median, and collector roads. The street network within Project site is intended to contribute to the aesthetics of the community, with residents experiencing varied street scenes and street designs.

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As noted previously, the Project will include full frontage improvements along West Lane and Morada Lane. Included in these improvements will be full signalized intersections at the northern entry point along West Lane and at the central entrance along Morada Lane.

Figure 8 shows the pedestrian circulation plan.

Utilities and Planned Infrastructure Improvements
The construction of on-site infrastructure improvements would be required to accommodate build out of the Development Area, as described below.

Potable Water System
Water supply will be provided by the City of Stockton, which includes surface and ground water supplies. Water distribution will be by an underground distribution system designed and constructed per the City of Stockton standards and specifications.

The Project requires extension of offsite potable water conveyance infrastructure to the Project site to comply with the City’s 2021 Water Master Plan Update; however, this is not required for the initial phases of the Project because existing City water mains are in West Lane and Morada Lane. Improvements to the potable water system would be constructed in accordance with the City’s 2021 Water Master Plan Update adopted February 23, 2021. Improvements identified in the Water Master Plan Update include: (1) a 16-inch diameter potable water transmission pipeline connection to existing potable water in West Lane, (2) a 16-inch diameter potable water transmission pipeline connection to existing potable water in Morada Lane, and (3) an 18-inch diameter potable water transmission pipeline connection to the existing Cannery Park project located east of the existing UPRR. The 18-inch diameter pipeline would cross under the UPRR tracks to connect to the existing stub-out constructed by the Cannery Park project. Service line connections are not allowed by the City of Stockton on water lines 16-inches diameter or larger.

The Project 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 Project may also construct a parallel distribution pipeline for connection of fire hydrants along Project frontage roads if required by the City, with interconnection to the transmission pipeline as required.

The City prepared the Water Supply Assessment for the proposed Project, consistent with Senate Bill (SB) 610’s requirements. According to the Bear Creek South Residential Project Water Supply Assessment (Appendix F) (West Yost, 2024), the City has adequate water supplies to serve the Project.

Wastewater System
The Project is located within existing City of Stockton Collection System Service Area 10 and is identified as a major development in the City’s 2022 Wastewater Master Plan Update (adopted October 18, 2022). The Project would construct wastewater infrastructure in accordance with the 2022 Wastewater Master Plan Update, which shows a 21-inch diameter future gravity sewer

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connection from the Project to existing City of Stockton gravity sewer locate 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.

Stormwater System
The Project storm drainage infrastructure would 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 a pressure force main for conveying discharge 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 force main 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 proposed Project 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.

Regulated Public Utilities
Electrical, gas, phone, cable, and related internet services would be extended to all portions of the Project site from existing facilities located along West Lane and Morada Lane, or other utility systems in the Project vicinity. Utility improvements would be installed in conjunction with planned street improvements.

LAND USE AND PRE-ZONING
Figure 9 provides a map of the General Plan land use designations and Figure 10 shows the proposed pre-zoning.

As noted previously, under the Envision Stockton 2040 General Plan, the 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 is 6.1 units per acre based on gross acreage and 8.7 units per acre based on net acreage.

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The proposed residential density would be approximately 4.45 units per acre (2,241 units on the 503.89-acre Development Area). The proposed Project is consistent with the allowed uses and density for the existing LDR designation for the site. Figure 9 reflects the General Plan land use map after the requested City annexation is approved.

As previously stated, the Project site is currently outside of the jurisdiction of the City of Stockton and, therefore, the City of Stockton Zoning Ordinance does not currently apply to the Project site.

The San Joaquin County Local Agency Formation Commission (LAFCo) will require the Project site to be pre-zoned by the City of Stockton in conjunction with the proposed annexation. The proposed Project includes a request for pre-zoning of the Development Area and NonDevelopment Area. The pre-zoning request is for an RL (Residential, Low Density) District which is consistent with the City’s General Plan designation of Low Density Residential. Under the City’s RL zoning, the minimum lot size is limited to 5,000 square feet. The pre-zoning would go into effect upon annexation into the City of Stockton. Below is a general description of the proposed RL zoning on the Project site:

RL (Residential, Low Density) District: The RL zoning district is applied to singlefamily residential neighborhoods, low-density residential planned developments, and/or other low-density residential development, and is intended to maintain densities and protect existing neighborhood character. Allowable density shall be up to 8.7 dwelling units per net acre and 6.1 per gross acre.

VESTING TENTATIVE SUBDIVISION MAPS
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. In addition, there will be a series of streets with an enhanced right of ways to accommodate a pedestrian “wellness walk” connecting the parks and a lineal open space area paralleling the south edge of Bear Creek.

ANNEXATION
The proposed Project includes a request for annexation of 15 APNs, totaling 530.18 acres, into the City of Stockton. 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.

REQUESTED ENTITLEMENTS AND OTHER APPROVALS
The City of Stockton will be the Lead Agency for the proposed Project, pursuant to the CEQA Guidelines, Section 15050. Actions that would be required from the City include, but are not limited to the following:
• Approval of City of Stockton Pre-zoning;
• Approval of three Vesting Tentative Maps;

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• Approval of the Development Agreement;
• Approval of Annexation and Authorization to submit Annexation request to San Joaquin LAFCo;
• Approval of future Final Maps;
• Approval of Design Review for new residential;
• Approval of future Improvement Plans;
• Approval of future Grading Plans;
• Approval of future Building Permits;
• Issuance of grading, encroachment, and building permits; and • City review and approval of Project utility plans.

OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (E.G., PERMITS, ETC.) The following agencies may be required to issue permits or approve certain aspects of the proposed Project. Other governmental agencies that may require approval include, but are not limited to, the following:
• Central Valley Regional Water Quality Control Board (CVRWQCB) – Storm Water Pollution Prevention Plan (SWPPP);
• San Joaquin Council of Governments (SJCOG) – Issuance of incidental take permit under the San Joaquin Multi-Species Habitat Conservation and Open Space Plan (SJMSCP); • San Joaquin County Flood Control and Water Conservation District; • San Joaquin Local Agency Formation Commission (LAFCo) – Annexation; • San Joaquin Valley Air Pollution Control District (SJVAPCD) – Construction-related permits;
• Union Pacific Railroad – Encroachment Permit for the water line; • Woodbridge Irrigation District (WID) encroachment permit.

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C O U N T Y

C O N T R A

C O S T A

C O U N T Y

S A C R A M E N T O

C O U N T Y

S A N J O A Q U I N C O U N T Y

S O L A N O

C O U N T Y

S T A N I S L A U S

C O U N T Y
4 108
12 160
160
26 120
132
4 165
220
99 99
99 99
88 88
12 219
33 104
26 120
132
84 205
5 5
5 580
0 2½ 5
Miles
Legend
Project Location
County Area
Incorporated Area

CITY OF STOCKTON - BEAR CREEK SOUTH RESIDENTIAL
Figure 1. Regional Location
Sources: California State Geoportal. Map date: March 14, 2024.

Project Location

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Matt
Equinoa
Park
Valverde Park
Cortez
Park
Parma
Sister
City Park
Masisi Park
Dentention
Basin Soccer
Complex
Parklane
Elementary
Sutherland
Elementary
Aspire River
Oaks Charter
Aspire
Benjamin
Holt Middle
George
Lincoln
Mosher
Ronald E.

McNair High
Clairmont
Elementary
Westwood
Elementary
Ansel Adams

MOSHER SLOUGH

PIXLEY SLOU GH

MOSHER CREEK

BEAR CREEK
UP RR
UP RR
UP RR
Blue Grass Dr
Wakeman
Dr
Ch
erbou
rg
Way
Westmora Ave
Sutherland Dr
We s t
nL E Frontage Rd
Inspiration Dr
Barbaresco Cir
Moreland St
Sonata Cir
Zaccaria Way
Ve
r
n
a
ccia
L
n
Genova Ln
Silvana Ln
Tiziano Dr
Penelope Dr
Glacier
Po
int
Dr
Bu
rgund
y
Dr
Lan Ark
Dr
Righteous Dr
Fox
Cree
k Dr
Prado Way
Lost Meadow Ln
Lansdowne
Dr
Tenaya Ln
Kenny Dr Milan Dr
Novara Way
San Marco
Dr
Terraco
r v o Cir
Ledgewood Av
e
Sandalwood Dr
Bryant Dr
Knickerbocker Dr
Gotham Dr
Wakeman Dr
Lencoe Dr
Hudson Dr
Townshend Cir
Pyrenees Ave
Caywood Dr
Bordeaux Ave
Aerosmith Way
Bergamo Cir
Erie Dr
Strickland Dr
Cortona Ln
Priscilla Ln
New Yor
k Dr
Chambord Dr Neubou
rg
D
r
Haney Ln
Perino
D
r
Parrish L
n
Bernay Dr
Iris Ave
Waco Way
Fordham Dr
Prospector Dr
Sundance Ln
Angelina
Ln
Knickerbocker Dr
Po p olo
Cir
Salvatore Ln
S
now Cre e k Cir
Tivoli Dr
Kirsten Dr
Diana Marie Dr
Zeppelin Ln
Castle Oaks Dr
Rann
ock
Dr
Likala Dr
Montana St
Pioneer Cir
Jagger Ln
Brid
alveil
Cir
Almondwood Ln
Bedlow Dr
Rutherford Dr
Waller Rd
Bryant Dr
Valmora Dr
Claridge Ln
Enview Ct
Clinton Dr
Inspiration Dr
Palazzo Dr
Cottonwood Ln
Mcvie Dr
Frey Ln
Stefano Dr
Cardiff Pl
Lariat Ln
Eureka Dr
Astor Dr
Dijon St
Millwood Ave
Aylesford
nL
Ki
rkby Ln
Girardi Way
Du Pont Dr
Wrangler Cir
Crestwood Cir
Jill Cir
Leach Rd
Fitzpatrick Cir
Marlette Rd
Pearson Rd
Ham Ln
Golfview Rd
Micke Grove Rd
Massimo Cir
Gary Galli Dr
Tam O
Sha
n
t
er Dr
Lo
r
r
a
ine
Ave
Nash Dr
Morada Ln Holman Rd
Eight Mile Rd
West Ln
Hammer Ln
Pfc Jesse Mizener St Maranatha Dr
Lower Sacramento Rd
0 1,000 2,000
Feet
Legend
Annexation Area
City of Stockton
Unincorporated
San Joaquin County
Park
Public School
City of Stockton
Fire Station 13

CITY OF STOCKTON - BEAR CREEK SOUTH RESIDENTIAL
Figure 2. Vicinity Map
Sources: San Joaquin County GIS. Map date: March 14, 2024.

Lowe's
Walmart
Stock Stockton Auto Mall ton Auto Mall
Normandy
Village
Westlane
Plaza
Westlane
Cost Costcoco
Mobile Home P Mobile Home Park ark

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120-030-09
124-010-07
124-010-03
120-030-10
124-010-01
120-030-07
120-030-06
120-020-32
120-020-27
120-020-31
120-020-30
122-010-05
120-020-11 120-020-12
120-020-26

MOSHER CREEK

BEAR CREEK
Journey Dr
Nicoletta Ln
Salvatore Ln
Sutherland Dr Parrish Ln Caywood Dr
Isley Way
Colonna Ln
Saffron Way
C
he
rbourg Way
Fox
Creek Dr
Lansd
o
w
ne Dr
Fogarty Ln
Courtney Way
Mccartney Way Everly Ln
Cortona Ln
Priscilla Ln
Wonder Way
Joel
Ct
Kiss Ln
Stones Ln
Valmora Dr
Sabbath Ln
Sofia Way Clapton Ln
Morada Ln
Stanley Dr
Zaccaria Way
Penelope Dr
Stefano Dr
Kirkby Ln
Tuscany Cir
Morada Ln
West Ln
UP RR
UP RR 0 500 1,000
Feet
Legend
Annexation Area
Development Areas
ARNAIZ Development Area
Klein Development Area
TPH Development Area
Non-Development Areas
City of Stockton Right-of-Way
Union Pacific Railroad
Sacramento-San Joaquin Drainage District
Non-Development Portion of TPH Parcel

CITY OF STOCKTON - BEAR CREEK SOUTH RESIDENTIAL
Figure 3. Assessor Parcel Map
Sources: San Joaquin County GIS; MAXAR Imagery, 10/24/2023. Map date: March 26, 2024.

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MOSHER CREEK

BEAR CREEK
UP RR
UP RR
Fleetwood Way
Sutherland Dr
Cherbou
rg
Wa
y
Westmora Ave
Fox Cre
e
k Dr
Penelope Dr
Aerosmith Way
Righteous Dr
Buddy Holly Dr Bridalveil Cir
Salvatore Ln
Colonna Ln
West Ln W Frontage Rd
La
n
sdowne
D
r
Isley Way
Courtney Way
Elton Ln
Journey Dr
Everly Ln
Caywood Dr
Dunwood Dr
Ra
ve
nna Way
Cortona Ln
Priscilla Ln
West Ln E Frontage Rd
Lennon Way
Parrish
L
n
Ri
c
ca
rd
o
D
r
Fogarty Ln
Joel
Ct
Mccartney Way
Nash Dr
Nicoletta Ln
Valmora Dr
Claridge Ln
Sab
b
a
th Ln
Sofia Way
Sheffield Ct
Carlisle Ct
Clapton Ln
Nash Dr Marley Ct
Stones Ln
Eaglepoint Ln
Zaccaria Way
Stanley Dr
Stefano Dr
Millwood Ave
Morada Ln
CrestwoodCir
Ki
rkby Ln
Tuscany Cir
Morada Ln
Glac
ei r
Point Dr
West Ln
0 500 1,000
Feet
Legend
Annexation Area
Development Area
Non-Development Area

CITY OF STOCKTON - BEAR CREEK SOUTH RESIDENTIAL
Figure 4. Aerial Map
Sources: San Joaquin County GIS; MAXAR Imagery, 10/24/2023. Map date: March 26, 2024.

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MOSHER CREEK

BEAR CREEK
UP RR
Salvatore Ln
Westmora Ave
Sutherland Dr
La
nsdown
e Dr
Ch
e
rbourg
Way
Righteous Dr
Fox Cree
k Dr
Isley Way
Courtney Way
Waco Way
Journey Dr
Caywood Dr
Dunwood Dr
Parris
h Ln
Cortona Ln
Priscilla Ln
Fogarty Ln
Aerosmith Way
Nicoletta Ln
Valmora Dr
Zaccaria Way
Penelope Dr
Stefano Dr
CrestwoodCir
Millwood Ave
Morada Ln
Ki
rkby Ln
Tuscany Cir
Morada Ln
West Ln
Eight Mile Rd
0 500 1,000
Feet
Legend
Annexation Area
City of Stockton

CITY OF STOCKTON - BEAR CREEK SOUTH RESIDENTIAL
Figure 5. Existing General Plan
Sources: City of Stockton GIS; San Joaquin County GIS. Map date: March 14, 2024.

City of Stockton General Plan 2040
Low Density Residential
Medium Density Residential
High Density Residential
Commercial
Industrial
Institutional
Open Space/Agriculture
Parks and Recreation

MOSHERCREEK

BEAR CREEK
UP RR
La
n
sdown
e Dr
Westmora Ave
Sutherland Dr
C
h
e
rbourg
Way
Fox Creek D
r
Isley Way
Courtney Way
Caywood Dr
P
a
rrish
Ln
Journey Dr
Fleetwood Way
Cortona Ln
Priscilla Ln
Fogarty Ln
Salvatore Ln
Stefano Dr
Zaccaria Way
Penelope Dr
Nicoletta Ln
Valmora Dr
CrestwoodCir
Millwood Ave
Ki
rkby Ln
Morada Ln
Tuscany Cir
Morada Ln
West Ln
Eight Mile Rd
San Joaquin County General Plan 2035
Low Density Residential
High Density Residential
Office Commercial
General Agriculture
Limited Agriculture
CITY

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AU-20
AU-20
AG-40 AL-5
AI

MOSHER SLOUGH MOSHER CREEK

BEAR CREEK
UP RR
UP RR
Cherbourg
Way
Angelina Ln
Bryant Dr Novara Way
Hudson Dr
Popolo Cir
Inspiration Dr
Genova Ln
Morada Ln
Ta
m O S
han
ter Dr
Westmora Ave
Sutherland Dr
Hendrix Dr
Montana St
West Ln E Frontage Rd
Gotham Dr
Costanti n o
ri C
Petit Ln
Zaccaria Way
Pyrenees Ave
West Ln W Frontage Rd
Allman Dr
Silvana Ln
Tiziano Dr
Penelope Dr
Santana Ln
Glacier Point Dr
Righteous Dr
Fox
Cree
k
D
r
La
nsdowne Dr
Tenaya Ln
Deauville Dr
Buddy Holly Dr
Isley Way
Courtney Way
Led
gewoo
d
Av
e
Sandalwood Dr
Journey Dr
Arden Ln
Bergamo Cir
Lencoe Dr
Gorizia Dr
Caywood Dr
Dunwood Dr
Aerosmith Way
Cortona Ln
Priscilla Ln
Par
rish
Ln
Hillc
rest Ave
Waco Way
Prospector Dr
Sundance Ln
Castle Oaks Dr
Ri
c
c
a
r
d
o
D
r
Fogarty Ln
Fleetwood Way
Salvatore Ln
Snow Creek Cir
Laughlin Ave
Massimo Cir
Likala Dr
Pion
e
er Cir
Brid
a
lveiCir l
Nicoletta Ln
Rutherford Dr
Madonna S
t
Bryant Dr
Valmora Dr
Claridge Ln
Inspiration Dr
Cottonwood Ln
Ornella Ln
Frey Ln
Stefano Dr
Seger Way
Rimini Ln
Cardiff
Pl
Lariat Ln
Eaglepoint Ln
Eureka Dr
Pearson Rd
Millwood Ave
Ringwood Ave
Summerview Dr
Aylesford
Ln
Ki
rkby Ln
Checotah
Cir
Ham Ln
Leach Rd
Golfview Rd
Micke Grove Rd
Wrangler Cir
CrestwoodCir
Fitzpatri
ck Cir
Tuscany Cir
Gary Galli Dr
Nash Dr
Morada Ln
Eight Mile Rd
Holman Rd
West Ln
Glaci
er
Point Dr
0 500 1,000
Feet
Legend
Annexation Area
City of Stockton
San Joaquin County Zoning
AG-40
AI
AL-5
AU-20

CITY OF STOCKTON - BEAR CREEK SOUTH RESIDENTIAL
Figure 6. Existing Zoning
Sources: San Joaquin County GIS. Map date: March 13, 2024.

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0 500 1,000
Feet
Legend
Park
Basin
Bear Creek
Residential Lot

CITY OF STOCKTON - BEAR CREEK SOUTH RESIDENTIAL
Figure 7. Site Plan
Sources: WH Consulting Engineers/cbg Civil Engineers, 2-20-2024. Map date: November 12, 2024.

Park
±1.4 Ac
Park
±5.5 Ac
Park
±4.9 Ac
Park
±4.9 Ac
Park
±4.0 Ac
Detention
Basin
±4.9 Ac
E. MORADA LANE

ARNAIZ KLEIN TRI POINTE

BEAR CREEK

BEAR CREEK

UNION PACIFIC RAILROAD

UNION PACIFIC RAILROAD

WEST LANE
Park
±3.7Ac
Park
±1.4 Ac
±1.4
Ac
Park ±4.7 Ac

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0 500 1,000
Feet
Legend
Wellness Walks - 15' Landscape Corridor with 8' Meandering Sidewalk Multi-Use Pedestrian Pathway
5' Separated Sidewalk
West Lane Improvements - 8' Meandering Walk & 11' Bike Lane E. Morada Improvements - 8' Meandering Walk & 5' Bike Lane Open Space along Bear Creek

CITY OF STOCKTON - BEAR CREEK SOUTH RESIDENTIAL
Figure 8. Pedestrian Circulation Plan
Sources: WH Consulting Engineers/cbg Civil Engineers, 2-16-2024. Map date: November 12, 2024.

Park
±5.5 Ac
Park
±4.9 Ac
Park
±4.9 Ac
Park
±7.7 Ac
Park ±4.7 Ac
Detention
Basin
±4.9 Ac
E. MORADA LANE

ARNAIZ KLEIN TRI POINTE

BEAR CREEK

BEAR CREEK

UNION PACIFIC RAILROAD

UNION PACIFIC RAILROAD

WEST LANE

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MOSHER CREEK

BEAR CREEK
UP RR
UP RR
Morada Ln
West Ln E Frontage Rd
Westmora Ave
Sutherland Dr
Tam O Shanter Dr
Costantino Cir
Hillcrest Ave
Zaccaria Way Skynyrd Way
West Ln W Frontage Rd
Bono Ln
Cherbourg Wa
y
Tiziano Dr
Penelope Dr
Santana Ln
Glacier
Point Dr
Righteous Dr
Fox
Creek
Dr
Lan
sdowne
Dr
Prospector Dr
Buddy Holly Dr
Isley Way
Courtney Way
Elton Ln
Sandalwood Dr
Journey Dr
Matterhorn Dr
Everly Ln
Cathedral Cir
Caywood Dr
Dunwood Dr
Aerosmith Way
Cortona Ln
Priscilla Ln
Lennon Way
Pa
rrish Ln
Waco Way
Sundance Ln
Riccar
d
o
D
r
Gary Galli Dr
Fogarty Ln
Fleetwood Way
Salvatore Ln
Pion
e
e
r
Cir
Br
di al
veil
Cir Nash Dr
Nicoletta Ln
Madonna St
Valmora Dr
Claridge Ln
Inspiration Dr
Granite Ct
Nash Dr Marley Ct
Stones Ln
Ham Ln
Stanley Dr
Leach Rd
Ornella Ln
Golfview Rd
Frey Ln
Stefano Dr
Seger Way
Cardiff
Pl
Lariat Ln
Eaglepoint Ln
Ledgewood Ave
Millwood Ave
Ringwood Ave
Aylesford
Ln
Kirkby Ln
Wrangler Cir
Cres woo
t
dCir
Tuscany Cir
Morada Ln
West Ln
Glaci
er
Point Dr
Eight Mile Rd
0 500 1,000
Feet
Legend
Annexation Area
Stockton City Boundary (after Annexation)
Low Density Residential
Medium Density Residential
High Density Residential
Commercial
Industrial
Institutional
Open Space/Agriculture
Parks and Recreation

CITY OF STOCKTON - BEAR CREEK SOUTH RESIDENTIAL
Figure 9. Proposed General Plan Map
Sources: San Joaquin County GIS; MAXAR Imagery, 10/24/2023. Map date: March 19, 2024.

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UP RR
UP RR
Ledgewood Ave
Morada Ln
Westmora Ave
Sutherland Dr
Hillcrest Av
e
West Ln E Frontage Rd
Costantino Cir
Zaccaria Way Skynyrd Way
Mt Maclure Dr
Tam O Shanter Dr
West Ln W Frontage Rd
Bono Ln
Cherbourg Wa
y
Tiziano Dr
Penelope Dr
Santana Ln
Glacier
Point
Dr
Righteous Dr
Fox Creek
Dr
Lansdowne Dr
Buddy Holly Dr
Isley Way
Courtney Way
Elton Ln
Sandalwood Dr
Likala Dr
Journey Dr
Arden Ln
Matterhorn Dr
Everly Ln
Cathedral Cir
Caywood Dr
Dunwood Dr
Aerosmith Way
Cortona Ln
Priscilla Ln
Lennon Way
Pa
rrish Ln
Waco Way
Prospector Dr
Sundance Ln
Riccar
d
o
D
r
Fogarty Ln
Fleetwood Way
Salvatore Ln
Pion
e
e
r
Cir
Br
di al
veil
Cir Nash Dr
Nicoletta Ln
Madonna St
Valmora Dr
Claridge Ln
Inspiration Dr
Granite Ct
Nash Dr Marley Ct
Stones Ln
Stanley Dr
Eureka Dr
Ornella Ln
Frey Ln
Stefano Dr
Seger Way
Cardiff
Pl
Lariat Ln
Eaglepoint Ln Millwood Ave
Ringwood Ave
Aylesford
Ln
Kirkby Ln
Wrangler Cir
Cres woo
t
dCir
Tuscany Cir
Morada Ln
West Ln
Glaci
er
Point Dr
Eight Mile Rd
CG
CG
CN
IG
IL
OS
OS
OS
RL OS
PF
PF
PF
PF
RL
RL
RL
RL
RL
RL
RM
RM
RMP
RH
RL

MOSHER CREEK

BEAR CREEK
0 500 1,000
Feet
Legend
Annexation Area
Stockton City Boundary (after Annexation)
City of Stockton Zoning
RL - Low Density Residential
RM/P - Medium Density Residential
RH - High Density Residential
CG - General Commercial
CN - Neighborhood Commercial
IG - General Industrial
IL - Limited Industrial
OS - Open Space
PF - Public Facility

CITY OF STOCKTON - BEAR CREEK SOUTH RESIDENTIAL
Figure 10. Proposed Zoning
Sources: San Joaquin County GIS; City of Stockton. Map date: March 19, 2024.

RL

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PREVIOUS ENVIRONMENTAL ANALYSES OF THE PROPOSED PROJECT One previous environmental analysis has been prepared and certified which is applicable to the proposed Project.

The proposed Project is consistent with the Stockton General Plan (Envision Stockton 2040 General Plan Update and Utility Master Plan Supplements, 2018), for which an EIR was certified on December 4, 2018 (SCH#2017052062). The certified General Plan EIR assumed full development and buildout of the Project site with uses that are proposed under the current application. As stated in the Envision Stockton General Plan EIR, “This EIR does not evaluate the changes in the General Plan relative to the existing 2035 General Plan but rather evaluates the impacts of the proposed General Plan relative to existing conditions, as required by CEQA Guidelines Section 15126.2.” In other words, the General Plan EIR described the baseline/existing conditions for Bear Creek South as agriculture and vacant and compared the existing agricultural uses/vacant site with the proposed low density residential uses planned for the site based on the Envision Stockton 2040 General Plan.

Appendix G includes a memo that examines the Bear Creek South Project relative to the General Plan and General Plan EIR. The 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. The 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. As discussed, 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 in Appendix G, confirms the opinion that the Project qualifies for a statutory exemption under Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183.

The cumulative impacts associated with buildout of the Stockton General Plan, including the Project site, were fully addressed in the General Plan EIR.

CEQA GUIDELINES SECTION 15183 EXEMPTIONS
CEQA Guidelines Section 15183 allows a streamlined environmental review process for projects that are consistent with the densities established by existing zoning, community plan or general plan policies for which an Environmental Impact Report (EIR) was certified. As noted above, the proposed Project is consistent with the land use designation and densities established by the Stockton General Plan, for which an EIR was certified. The provisions contained in Section 15183 of the CEQA Guidelines are presented below.
15183. Projects Consistent with a Community Plan or Zoning (a) 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

ATTACHMENT E
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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. (b) In approving a project meeting the requirements of this section, a public agency shall limit its examination of environmental effects to those which the agency determines, in an initial study or other analysis:
(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, general plan, or community 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 prepared for the general plan, community plan or zoning action, or
(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. (c) If an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards, as contemplated by subdivision (e) below, then an additional EIR need not be prepared for the project solely on the basis of that impact. (d) This section shall apply only to projects which meet the following conditions:
(1) The project is consistent with:
(A) A community plan adopted as part of a general plan, (B) A zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development, or (C) A general plan of a local agency, and
(2) An EIR was certified by the lead agency for the zoning action, the community plan, or the general plan.
(e) This section shall limit the analysis of only those significant environmental effects for which:
(1) Each public agency with authority to mitigate any of the significant effects on the environment identified in the planning or zoning action undertakes or requires others to undertake mitigation measures specified in the EIR which the lead agency found to be feasible, and
(2) The lead agency makes a finding at a public hearing as to whether the feasible mitigation measures will be undertaken.
(f) An effect of a project on the environment shall not be considered peculiar to the project or the parcel for the purposes of this section if uniformly applied development policies or standards have

ATTACHMENT E
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been previously adopted by the City or county with a finding that the development policies or standards will substantially mitigate that environmental effect when applied to future projects, unless substantial new information shows that the policies or standards will not substantially mitigate the environmental effect. The finding shall be based on substantial evidence which need not include an EIR. Such development policies or standards need not apply throughout the entire City or county, but can apply only within the zoning district in which the project is located, or within the area subject to the community plan on which the lead agency is relying. Moreover, such policies or standards need not be part of the general plan or any community plan, but can be found within another pertinent planning document such as a zoning ordinance. Where a City or county, in previously adopting uniformly applied development policies or standards for imposition on future projects, failed to make a finding as to whether such policies or standards would substantially mitigate the effects of future projects, the decision-making body of the City or county, prior to approving such a future project pursuant to this section, may hold a public hearing for the purpose of considering whether, as applied to the project, such standards or policies would substantially mitigate the effects of the project. Such a public hearing need only be held if the City or county decides to apply the standards or policies as permitted in this section. (g) Examples of uniformly applied development policies or standards include, but are not limited to:
(1) Parking ordinances.
(2) Public access requirements.
(3) Grading ordinances.
(4) Hillside development ordinances.
(5) Flood plain ordinances.
(6) Habitat protection or conservation ordinances.
(7) View protection ordinances.
(8) Requirements for reducing greenhouse gas emissions, as set forth in adopted land use plans, policies, or regulations.
(h) An environmental effect shall not be considered peculiar to the project or parcel solely because no uniformly applied development policy or standard is applicable to it. (i) 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. (1) “Community plan” is defined as a part of the general plan of a City or county which applies to a defined geographic portion of the total area included in the general plan, includes or references each of the mandatory elements specified in Section 65302 of the Government Code, and contains specific development policies and implementation measures which will apply those policies to each involved parcel. (2) For purposes of this section, “consistent” means that the density of the proposed Project is the same or less than the standard expressed for the involved parcel in the general plan, community plan or zoning action for which an EIR has been certified, and that the project

ATTACHMENT E
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complies with the density-related standards contained in that plan or zoning. Where the zoning ordinance refers to the general plan or community plan for its density standard, the project shall be consistent with the applicable plan.
(j) This section does not affect any requirement to analyze potentially significant offsite or cumulative impacts if those impacts were not adequately discussed in the prior EIR. If a significant offsite or cumulative impact was adequately discussed in the prior EIR, then this section may be used as a basis for excluding further analysis of that offsite or cumulative impact.

PROJECT-SPECIFIC ENVIRONMENTAL REVIEW
The attached Environmental Checklist includes a discussion and analysis of any peculiar or sitespecific environmental impacts associated with construction and operation of the proposed Project. The Environmental Checklist identifies the applicable City of Stockton development standards and policies that would apply to the proposed Project during both the construction and operational phases, and explains how the application of these uniformly applied standards and policies would ensure that no peculiar or site-specific environmental impacts would occur.

CONCLUSION
The entire Project site was assumed for Low Density Residential development under the Stockton General Plan. Under the existing General Plan land use designation for the site (Low Density Residential), the 503.89-acre Development Area could be developed with up to 6.1 units per gross acre, or up to 3,073 units. Under the Project, up to 2,241 residential units would be constructed, which is well within the assumed housing units count for the Project site analyzed as part of the General Plan EIR.

The Stockton General Plan 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

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• 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. Out of the 40,900 new units projected for the horizon year of the General Plan buildout, 12,100 units would result from the growth projected in 2040 from the General Plan and 28,800 units are expected as a result of the growth from Approved and Pending Projects. (See General Plan Draft EIR, Table 3-2.) As the Project’s proposed 2,241 units are being proposed in accordance with the proposed density and land use designation in the General Plan, they are assumed to be included in the 12,100 units resulting from the growth projected in 2040 from the General Plan. 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.

As described above, the proposed Project is consistent with the Stockton General Plan (Envision Stockton 2040 General Plan Update and Utility Master Plan Supplements, 2018), for which an EIR was certified on December 4, 2018 (SCH#2017052062). Cumulative impacts associated with development and buildout of the Project site, as proposed, were fully addressed in the Stockton General Plan EIR (SCH# 2017052062). Since the proposed Project is consistent with the land use designation and development intensity assumed under the General Plan, and the General Plan EIR evaluated the impacts of developing low density residential uses as compared to the baseline condition with vacant land, implementation of the proposed Project would not result in any new cumulative environmental impacts beyond those addressed in the General Plan EIR.

The analysis in the attached CEQA Environmental Checklist demonstrates that there are no sitespecific or peculiar impacts associated with the Project, and identifies uniformly applied standards and policies that would be applied to the Project. The Project Requirements identified in the attached environmental analysis include requirements that must be implemented by the proposed Project to ensure that any site-specific impacts or construction-related impacts are reduced to a less than significant level. All Project Requirements identified in the attached Environmental Checklist shall be made a condition of Project approval and shall be implemented within the timeframes identified.

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ENVIRONMENTAL CHECKLIST
I. AESTHETICS
Significant
Impact
Peculiar to
the Project or
the Project
Site
Significant
Impact due to
New
Information
Impact
Adequately
Addressed in
the General
Plan EIR
Impact not
Previously
Addressed in
General Plan
EIR
a) Have a substantial adverse effect on a scenic
vista? X
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a state
scenic highway?
X
c) In non-urbanized areas, substantially degrade
the existing visual character or quality of public
views of the site and its surroundings? (Public
views are those that are experienced from publicly
accessible vantage point). If the project is in an
urbanized area, would the project conflict with the
applicable zoning and other regulations governing
scenic quality?
X
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime
views in the area?
X
Project Impacts:

The development of a 2,241 single-family lot residential subdivision would change the existing visual nature / character of the Project site from agricultural uses to a residential neighborhood.

The Project site is not designated as a scenic vista or scenic highway. The development of the Project site would create new sources of light and glare that is typical of a residential development. The proposed Project is allowed under the existing General Plan land use designation. There is nothing peculiar about the site that presents impacts greater than was anticipated under the General Plan. For instance, the Project site is not topographically elevated from the surrounding lands and is not highly visible from areas beyond the immediate vicinity of the Project site. A few trees are in the central portion of the site. There are no prominent features on the Project site, such as rock outcroppings or historic buildings, or other visually distinctive features that contribute to the scenic quality of the Project site.

Prior Environmental Analysis:

Implementation of the proposed Project would introduce new residential uses to the Project site compared to existing agricultural uses, and would be consistent with the surrounding uses anticipated for the Project site by the 2040 General Plan and analyzed in Chapter 4.1 of the 2040 General Plan EIR (City of Stockton General Plan Draft EIR, pages 4.1-6 through 4.1-10). The overall Development Area is bordered on the north by Bear Creek, on the east by UPRR right-ofway, on the west by West Lane, and on the south by Morada Lane. The Project site is primarily

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bounded by lands within the City of Stockton (City) to the north, south, west, and east. Uses within the surrounding area include the following:
• North – Bear Creek, and further north of Bear Creek is the approved Tra Vigne Residential Development. Current uses within the Tra Vigne site are agricultural and industrial. • South – Westwood Elementary School, single family residential uses and commercial at the southeast corner of West Lane and Morada Lane.
• West – West Lane, and further west of West Lane is McNair High School and Masasi Park. • East – UPRR and east of the Railroad right-of-way are residential subdivisions that are part of the Cannery Residential Master Plan area.

Within the City, lands to the east and north are designated LDR by the City’s General Plan Land Use Map. Lands to the south are designated Commercial, LDR, and Medium Density Residential.

Lands to the west are designated Parks and Recreation, and Institutional.

As such, the proposed Project is consistent with the adopted vision and uses identified in the General Plan, and would not result in any new or increased impacts beyond those that were already addressed in the General Plan EIR. The General Plan EIR determined that visual and aesthetic impacts were less than significant. These impacts were adequately addressed in Chapter 4.1 of the General Plan EIR. The proposed Project would not result in a new or substantially more severe impact than what was previously analyzed compared to the agricultural/vacant conditions of the Project site. The General Plan did not identify any mitigation measures, but did include policies that would serve to minimize potential impacts to visual character of the City. The following are General Plan policies presented in the General Plan EIR relative to this environmental topic:
• Policy LU-5.3 directs the City to define discrete and clear city edges that preserve agriculture, open space, and scenic views, and is implemented by Actions LU-5.3.A and LU-5.3.B, which direct the use of landscaping and other attractive edging instead of soundwalls and similar utilitarian edges of development at interfaces with rural landscapes, and to develop a plan for a greenbelt or community separator around the city.

This policy and these actions will protect scenic views from soundwalls and other unattractive edges of development and from future development through a greenbelt. • Policy LU-1.3 and its three supporting actions work to improve the visual quality of the urban environment at key gateways and along travel corridors by creating a gateway district program to coordinate the design of public and private investment in a cohesive and attractive way; improving maintenance, code enforcement, screening, and landscaping of viewsheds along major transportation routes; and requiring the incorporation of scenic views into the design of the built environment. • Policy LU-3.1 and its six supporting actions ensure that the external features of new development are compatible with surrounding buildings, spaces, and cultural and historic resources, thus protecting the degradation of a neighborhood’s visual quality from new, conflicting development design. The supporting actions focus on historic

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resource preservation and reuse as well as the maintenance and upkeep of the Citywide Design Guidelines.
• Policies LU-3.2 and LU-3.3 also help to protect the visual quality and character of existing neighborhoods by retaining narrower roadways to preserve street trees and mature landscaping, maintaining and expanding public parks and open space areas, and periodically reviewing the City’s Development Impact Fee requirements to reflect the City’s priorities for parks, community centers, and libraries. • Policy LU-5.1 and its three supporting actions integrate nature into the city and thus improve the visual quality of the urban landscape. These actions direct the City to require new and redevelopment to provide open spaces that create gateways and social focal points; protect riparian areas; and require native landscaping, which helps to preserve the visual integrity of the landscape.

Responses to Checklist Questions
Response a): As discussed in Chapter 4.1 of the General Plan EIR, the existing General Plan does not designate official scenic vistas. The proposed Project is not located along or near a scenic vista. The proposed Project has land uses that are consistent with the General Plan land use designations, and compatible with the surrounding land use designations. The proposed Project would not result in new or more severe impacts than what was previously disclosed in the General Plan EIR. No additional analysis is required. Therefore, with the Project, this impact will remain less than significant, as concluded in the General Plan EIR.

Response b): As discussed in Chapter 4.1 of the General Plan EIR, no adopted State scenic highways are in Stockton. Only one highway section in San Joaquin County is listed as a Designated Scenic Highway by the California Department of Transportation (Caltrans) Scenic Highway Mapping System; the segment of Interstate 580 (I-580) from Interstate 5 to Interstate 205. This route traverses the edge of the Coast Range to the west and Central Valley to the east.

The City of Stockton, including the Project site, is not visible from this roadway segment, which is located approximately 20 miles southwest of the Project site. The General Plan EIR determined that implementation of the General Plan would have a less than significant impact relative to this topic (See General Plan Draft EIR, pp. 4.1-8). The proposed Project would not result in new or more severe impacts than what was previously disclosed in the General Plan EIR. No additional analysis is required. Therefore, this impact is considered to remain less than significant, as concluded in the General Plan EIR.

Response c): CEQA Guidelines Section 15387 defines an urbanized area as a central city or a group of contiguous cities with a population of 50,000 or more, together with adjacent densely populated areas having a population density of at least 1,000 persons per square mile. The Project site is within the unincorporated area of San Joaquin County, adjacent to the City of Stockton’s northern city limits, which is defined as an urbanized area.

Chapter 4.1 of the General Plan EIR notes that future development consistent with the General Plan would be subject to the City’s design review process in accordance with Chapter 16.120 of the Stockton Municipal Code, which has established a set of required findings to ensure quality

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design. The proposed Project is subject to the design review process and requires the City to decide that the Project is visually compatible with surrounding development. The proposed residential uses are in an area that the General Plan envisions to be developed with residential uses. Additionally, the surrounding area currently contains numerous residential uses like those proposed, and the proposed uses are scaled to be visually compatible with the surrounding land uses. The proposed Project would be zoned for low density residential use that is consistent with the General Plan land use designation.

The General Plan EIR determined that implementation of the General Plan would have a less than significant impact relative to this topic (pages 4.1-8 and 4,1-9). The proposed Project would not result in new or more severe impacts than what was previously disclosed in the General Plan EIR because the proposed residential uses comprise low density residential uses as proposed under the General Plan. Under the existing General Plan land use designation for the site (Low Density Residential), the 503.89-acre Development Area could be developed with up to 6.1 units per gross acre, or up to 3,073 units. Under the Project, up to 2,241 residential units would be constructed, which is well within the assumed unit count for the Project site analyzed as part of the General Plan EIR. No additional analysis is required. After the implementation of City standards and requirements, the Project impacts related to visual quality or character would remain less than significant, as concluded in the General Plan EIR.

Response d): During the day, sunlight reflecting from structures and vehicles is a primary source of glare, while nighttime light and glare can be divided into both stationary and mobile sources.

Some types of stationary sources of nighttime light include structure illumination, interior lighting, decorative landscape lighting, and street lights. The principal mobile source of nighttime light and glare is vehicle headlamp illumination.

The General Plan EIR (See General Plan Draft EIR, pp. 4.1-10) notes that there is a significant amount of ambient lighting that comes from existing development, including roadways. The developed and inhabited land uses in the City of Stockton are the main source of daytime and nighttime light and glare. They are typified by single and multi-family residences, commercial structures, industrial areas, and street lights. These areas and their associated human activities (inclusive of vehicular traffic) characterize the existing light and glare environment present during daytime and nighttime hours in the developed portions of the city. Because the Project site is adjacent to developed portions of the City of Stockton, ambient light in this area is more pronounced than in areas farther away from the developed areas.

The surrounding area has existing sources of light and glare created by streetlights, car headlights, and interior and exterior lighting from buildings, including adjacent residential like the Project. The proposed Project would create these similar sources of light and glare. Chapter

4.1 of the General Plan EIR notes that exterior lighting is allowed under the General Plan, but is required to comply with City standards for outdoor lighting (Municipal Code Sections 16.32.070 and 16.36.060(B)). These standards require exterior lighting to be energy efficient, stationary, shielded and directed away from adjoining properties and public rights-of-way. These City standards would apply to the Project as well.

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The General Plan EIR determined that implementation of the General Plan would have a less than significant impact relative to this topic (See General Plan Draft EIR, pp. 4.1-10). The proposed Project would not result in new or substantially more severe impacts than what was previously disclosed in the General Plan EIR because the Project would result in the development of 2,241 single-family residential units consistent with the level of development proposed in the General Plan for the Project site. No additional analysis is required. Thus, the implementation of City standards and requirements would ensure that any impacts related to light and glare remain less than significant, as concluded in the General Plan EIR.

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II. AGRICULTURE AND FOREST RESOURCES
Significant
Impact
Peculiar to
the Project or
the Project
Site
Significant
Impact due to
New
Information
Impact
Adequately
Addressed in
the General
Plan EIR
Impact not
Previously
Addressed in
General Plan
EIR
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural
use?
X
b) Conflict with existing zoning for agricultural use,
or a Williamson Act contract? X
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code
section 1222(g)) or timberland (as defined in Public
Resources Code section 4526)?
X
d) Result in the loss of forest land or conversion of
forest land to non-forest use? X
e) Involve other changes in the existing environment
which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
X
Project Impacts:

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 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. (See General Plan Draft EIR, pp. 4.2-10-4.2-12; Figure 4.2-4.) As such, implementation of the proposed Project would not create new impacts over and above those identified in the General Plan EIR, nor significantly change previously identified impacts.

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.

Prior Environmental Analysis:

Implementation of the proposed Project would introduce new residential uses to the Project site compared to the existing agriculture and vacant uses of the Project site, and would be consistent

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with the surrounding uses anticipated for the Project site by the 2040 General Plan and analyzed in Chapter 4.2 of the 2040 General Plan EIR (City of Stockton General Plan Draft EIR, pages 4.2- 10 through 4.2-15). As such, the proposed Project is consistent with the adopted vision and uses identified within the General Plan, and would not result in any new or increased impacts beyond those that were evaluated in the General Plan EIR. Although the General Plan contains a strategy to protect agricultural lands beyond the city edges from conversion to non-agricultural use, the General Plan EIR identified the conversion of farmlands of concern under CEQA to nonagricultural uses as a significant impact. The General Plan EIR notes that because these parcels are located near existing urbanized areas, they may not be viable for agricultural operations due to conflicts with nearby urbanized areas. As discussed under Impact AG-1 of the General Plan EIR, no additional mitigation is available, resulting in a significant and unavoidable impact. The City of Stockton adopted a Statement of Overriding Considerations on February 28th, 2022 stating that the EIR for the General Plan concludes that General Plan impacts on agricultural land conversion, air quality, greenhouse gas emissions, noise and transportation impacts are significant and that feasible mitigation measures are not available that would conclusively reduce these impacts to a less than significant level. As the General Plan EIR already identified the Project site as an area for potential farmland conversion, (see General Plan Draft EIR, pp. 4.2-10-

4.2-12; Figure 4.2-4); the Project would not result in the loss of more agricultural land than that contemplated in the General Plan EIR.

Thus, these impacts were adequately addressed in Chapter 4.2 of the General Plan EIR. The proposed Project would not result in a new or substantially more severe impact than what was previously analyzed in the General Plan EIR. The General Plan did not identify any mitigation measures, but did include policies that would serve to minimize potential impacts to agricultural resources of the City. The following are General Plan policies presented in the General Plan EIR relative to this environmental topic:
• Action LU-1.3.C directs the City to require the incorporation of scenic views, including open space features like waterways, wetlands, natural landscapes, and parks, into design of the built environment, ensuring that forested areas would be maintained in new development.
• Policy LU-5.1 directs the City to integrate nature into the city and maintain Stockton’s urban forest. Supporting actions require projects to provide open space; protect, preserve, and improve riparian corridors; and require that landscape plans incorporate native plants. This policy and these actions support preservation and protection of forested open space and riparian areas.
• Policy LU-5.2: Protect natural resource areas, fish and wildlife habitat, scenic areas, open space areas, agricultural lands, parks, and other cultural/historic resources from encroachment or destruction by incompatible development. • Policy LU-5.3: Define discrete and clear city edges that preserve agriculture, open space, and scenic views.
• Action LU-5.3.B: Coordinate with San Joaquin County to develop a plan for a greenbelt or community separator around the city.

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• Action LU-5.3.C: Maintain the City’s agricultural conservation program that requires either dedication of an agricultural conservation easement at a 1:1 ratio or payment of an in-lieu agricultural mitigation fee for the conversion of prime farmland, farmland of statewide importance, or unique farmland, as defined by the State of Farmland Monitoring and Mapping Program.
• Action LU-6.2.B: Do not approve future annexations or City utility connections unless they are consistent with the overall goals and policies of the General Plan and do not adversely impact the City’s fiscal viability, environmental resources, infrastructure and services, and quality of life.

Responses to Checklist Questions
Response a): The General Plan designates approximately 16,160 acres of agricultural land for development to non-agricultural/urban uses, including the Project site, including the Project site. (See General Plan EIR, pp. 4.2-10-4.2-12; Figure 4.2-4). The General Plan EIR found that buildout of the General Plan would have a potentially significant impact on conversion of Important Farmland. However, the General Plan EIR concluded that the residual significance would remain significant and unavoidable (City of Stockton, 2022).

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 Multi-Species 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 proposed Project would not result in new or substantially more severe impacts than what was previously disclosed in the General Plan EIR because conversion of the entire Project site from agricultural to Low Density Residential uses was assumed in the General Plan EIR. No additional analysis is required. As such, with implementation of City standards and requirements, that implementation of the proposed Project would not increase the severity of the impacts identified in the General Plan EIR.

Response b): The San Joaquin County Zoning Ordinance zones the Project site Agriculture Urban Reserve. As part of the annexation request, the proposed Project includes a request for to prezone the Project site to RL (Residential, Low Density) District. The General Plan EIR already

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identified the Project site as an area for potential farmland conversion, (see General Plan EIR, pp.

4.2-10-4.2-12; Figure 4.2-4.) The General Plan EIR noted that because these parcels are located near existing urbanized areas, they may not be viable for agricultural operations due to conflicts with nearby urbanized areas. As discussed under Impact AG-1 of the General Plan EIR, no additional mitigation is available, and the General Plan EIR concluded that the impact relative to his topic resulted in a significant and unavoidable impact. The proposed Project would not result in new or more severe impacts than what was previously disclosed in the General Plan EIR because conversion of the entire Project site from agricultural to Low Density Residential uses was assumed in the General Plan EIR. No additional analysis is required. As such, implementation of the proposed Project would not increase the severity of the impacts identified in the General Plan EIR related to this environmental topic.

Responses c) and d): The Project site is not forest land (as defined in Public Resources Code section 1222(g)) or timberland (as defined in Public Resources Code section 4526). As discussed in the General Plan EIR, the Stockton Municipal Code does not identify a zoning district for forest or timberland (see General Plan EIR, pp. 4.2-14-4.2-15, and thus the proposed Project would not conflict with existing zoning for, or cause rezoning of, forest land or timberland and would not result in the loss of forest land or conversion of forest land to non-forest use. There are no forest resources on the Project site or in the immediate vicinity of the Project site. Therefore, the Project would not result in any new significant effects or increase the severity of previously identified environmental effects as compared with the General Plan EIR.

Response e): The General Plan EIR noted that the General Plan land use map was generally developed to arrange new designations to place compatible uses adjacent to existing uses See General Plan Draft EIR, pp. 4.2-15). Nevertheless, the General Plan would allow development that could result in potentially incompatible urban uses next to farms or ranches, creating circumstances that impair the productivity and profitability of agricultural operation, and could eventually lead farmers to take their land out of production. Further, the General plan EIR already identified the Project site as an area for potential farmland conversion. (See General Plan Draft EIR, pp. 4.2-10-4.2-12; Figure 4.2-4.) As described in the discussion for Threshold AG-1 of the General Plan EIR, the General Plan includes policies and actions that aim to protect agricultural lands outside of the city from conversion to nonagricultural use, including from incompatible uses. Furthermore, as discussed in Section

4.2.1.1 of the General Plan EIR, the Stockton Municipal Code (SMC § 16.36.040) contains a “Right-to-Farm Ordinance,” under which the City notifies property buyers to accept inconveniences or discomforts resulting from nearby agricultural activities, thereby protecting agricultural operations from nuisance complaints. With implementation of the General Plan policies and actions, as well as the City’s Right-to-Farm Ordinance, the General Plan EIR concluded that the impact relative to this topic would be less than significant. The proposed Project would not result in new or more severe impacts than what was previously disclosed in the General Plan EIR. No additional analysis is required.

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III. AIR QUALITY
Significant
Impact
Peculiar to
the Project or
the Project
Site
Significant
Impact due to
New
Information
Impact
Adequately
Addressed in
the General
Plan EIR
Impact not
Previously
Addressed in
General Plan
EIR
a) Conflict with or obstruct implementation of the
applicable air quality plan? X
b) Result in a cumulatively considerable net increase
of any criteria pollutant for which the project region
is non-attainment under an applicable federal or
state ambient air quality standard?
X
c) Expose sensitive receptors to substantial
pollutant concentrations? X
d) Result in other emissions (such as those leading
to odors) adversely affecting a substantial number of
people?
X
Project Impacts:

The Project site is located within the boundaries of the San Joaquin Valley Air Pollution Control District (SJVAPCD). This agency is responsible for monitoring air pollution levels and ensuring compliance with federal and state air quality regulations within the San Joaquin Valley Air Basin (SJVAB) and has jurisdiction over most air quality matters within its borders.

The Project is consistent with the existing General Plan land use designation on the Project site and is consistent with the growth assumptions of applicable air quality plans. There is nothing peculiar about the site that presents impacts greater than was anticipated under the General Plan as the General Plan land use designation on the Project site contemplated a total of up to 3,073 single-family residences and the Project includes 2,241 single-family lot residential units. As discussed below, compliance with General Plan Mitigation Measures AQ-2 and AQ-3, the General Plan goals and policies, and applicable City Code and compliance with applicable Federal, State, and local laws and regulations would reduce Project impacts related to air quality to a less than significant level.

Prior Environmental Analysis:

The General Plan EIR analyzed the anticipated air quality impacts associated with the future urban development that was contemplated by the General Plan. These impacts included implementation of air quality plans, cumulative considerable net increase of pollutants, exposure of sensitive receptors, and other emissions resulting from implementation of the General Plan (City of Stockton General Plan Draft EIR, 2018, pages 4.3-24 through 4.3-44). The General Plan EIR concluded that development anticipated by the General Plan 2040 would result in new sources of criteria air pollutant emissions which represent a substantial increase in emissions compared to existing conditions and emissions above the significance thresholds and/or TACs near existing or planned sensitive receptors. With application of State and SJVAPCD rules and regulations, implementation of the General Plan policies and actions, and Mitigation Measures

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AQ-1 through AQ-6, construction and operation-related criteria air pollutants would be reduced to the greatest extent possible.

Mitigation Measure AQ-1 of the General Plan EIR requires implementation of Mitigation Measure AQ-3 to further reduce long-term criteria air pollutant emissions. Mitigation Measure AQ-2 of the General Plan EIR requires a construction-related air quality evaluation to be prepared for development projects subject to CEQA, and requires specific construction-related emission reduction measures be implemented. Mitigation Measure AQ-3 of the General Plan EIR requires an operational air quality evaluation to be prepared for development projects subject to CEQA, and requires specific operational emission reduction measures be implemented, as feasible.

Mitigation Measure AQ-4a of the General Plan EIR requires implementation of Mitigation Measures AQ-2 and AQ-3. Mitigation Measure AQ-4b of the General Plan EIR requires development projects to assess their projects to the SJVAPCD’s Rule 9510 Applicability Thresholds. Applicants for development projects that exceed this ambient air quality screening threshold are required to prepare or have prepared an ambient air quality analysis, consistent with the SJVAPCD Guidance for Assessing and Mitigating Air Quality Impacts (GAMAQI), to assess whether the subject development project would cause or contribute to a violation of any California Ambient Air Quality Standard or National Ambient Air Quality Standard. Mitigation Measure AQ-5 of the General Plan EIR requires applicants for industrial or warehousing land uses in addition to commercial land uses that would generate substantial diesel truck travel to contact the SJVAPCD or the City of Stockton in conjunction with the SJVAPCD to determine the appropriate level of health risk assessment (HRA) required. If preparation of an HRA is required, all HRAs shall be submitted to the City of Stockton and the SJVAPCD for evaluation. Mitigation Measure AQ-6 requires odor management plans for facilities that have the potential to emit nuisance odors.

Of these General Plan mitigation measures, Mitigation Measures AQ-2 and AQ-3 apply to the proposed Project.

Additionally, review of development projects by SJVAPCD for permitted sources of air toxics (e.g., industrial facilities, dry cleaners, and gasoline dispensing facilities) in addition to General Plan policies and actions would ensure that health risks are minimized. But the General Plan EIR concluded that the air quality impacts resulting from the General Plan build-out would remain significant and unavoidable.

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).

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It should also be noted that the General Plan EIR included the proposed Project in its analysis.

Specifically, the development projections (i.e. 40,900 units) 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:
• 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;
• 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. • 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.
• Area source (Consumer Product) emissions were estimated using CalEEMod, following a methodology utilized to calculate VOC emissions from use of household consumer 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). • 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.

Responses to Checklist Questions
Responses a), b): The proposed Project would be both a direct and indirect source of air pollution. Direct sources of pollution include area, energy, and water and waste sources, due to development of the on-site buildings and associated infrastructure. Indirect sources of pollution would be due to the generation of trips of from vehicles traveling to and from the Project site.

Operational: CalEEModTM (v.2022.1) was used to model operational emissions of the proposed Project. Table Air-1 shows proposed Project emissions as provided by CalEEMod. Both state and Air District rules and regulations were accounted for, where possible.1 Further details are 1 That is, State requirements related to the Title 24 Building Energy Efficiency Standards were accounted for by the modeling, for Project operation. Specifically, consistent with the latest (2022) version of the

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provided in Appendix A. The SJVAPCD provides a list of applicable air quality emissions thresholds.

Table AIR-1: Operational Project Generated Emissions (tons per year) POLLUTANT CO NOX ROG SOX PM10 PM2.5
Threshold 100 10 10 27 15 15
Emissions 133 19.4 32.8 0.34 29.1 7.78
Exceeds
Threshold? Y Y Y N Y N
SOURCES: CALEEMOD (V.2022.1)
The SJVAPCD has established their thresholds of significance by which the Project emissions are compared against to determine the level of significance. The SJVAPCD has established operations related emissions thresholds of significance as follows: 100 tons per year of carbon monoxide (CO, 10 tons per year of oxides of nitrogen (NOx), 10 tons per year of reactive organic gases (ROG), 27 tons per year of sulfur oxides (SOx), 15 tons per year particulate matter of 10 microns or less in size (PM10), and 15 tons per year particulate matter of 2.5 microns or less in size (PM2.5).

As shown in Table AIR-1 above, operational emissions would exceed the SJVACPD operational thresholds of significance for CO, NOx, ROG, PM10, and PM2.5. The General Plan EIR identified General Plan Policies and Actions along with Mitigation Measures AQ-1 through AQ-6 to reduce the long-term emissions from the General Plan build out. Of these General Plan mitigation measures, Mitigation Measures AQ-2 and AQ-3 apply to the proposed Project. However, as previously described, the General Plan EIR analyzed the anticipated impacts of air quality associated with the future development of the proposed land uses- Year 2040 as contemplated by the General Plan, (see General Plan EIR, Table 4.3-7, and Appendix B), and already found these impacts to be significant and unavoidable. The proposed Project would not add any new or different development than contemplated by the General Plan 2040. The exceedance of the project-level threshold was anticipated in the General Plan EIR for projects that develop consistent with the General Plan. As noted previously, under the existing General Plan land use designation for the site (Low Density Residential), the 503.89-acre Development Area could be developed with up to 6.1 units per gross acre, or up to 3,073 units. Under the Project, up to 2,241 residential units would be constructed, which is well within the assumed housing units count for the Project site assumed in the General Plan. Because trip generation is based on the number of residential units, the corresponding number of vehicle trips that could result from the Project site under the existing General Plan designation is higher than the number of vehicle trips that could result from the proposed Project.

Construction: Emissions from construction activities represent temporary impacts that are typically short in duration, depending on the size, phasing, and type of project. Air quality impacts can nevertheless be acute during construction periods, resulting in significant localized impacts Title 24 Energy Efficiency Standards, the Project was assumed to require energy efficient appliances for single-family housing; produce 30% of electricity for the single-family housing on-site via rooftop solar PV; and utilize water efficient landscaping.

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to air quality. Construction-related activities would result in Project-generated emissions from demolition, site preparation, grading, paving, building construction, and architectural coatings.

CalEEModTM (v.2022.1) was used to estimate construction emissions for the proposed Project.

Table AIR-2, below, provides the construction criteria pollutant emissions associated with implementation of the proposed Project. Further details are provided in Appendix A.

Table AIR-2: Maximum Construction Project Generated Emissions (tons per year) POLLUTANT CO NOX ROG SOX PM10 PM2.5
THRESHOLD 100 10 10 27 15 15
EMISSIONS 6.95 3.35 2.23 0.01 1.39 0.60

EXCEEDS
THRESHOLD? N N N N N N
SOURCES: CALEEMOD (V.2022.1)
As shown in Table AIR-2, Project maximum construction emissions would not exceed the SJVAPCD thresholds of significance. Nevertheless, regardless of emission quantities, the SJVAPCD requires construction related control measures in accordance with their rules and regulations.

Implementation of these control measures (provided in further detail below) would further reduce proposed Project construction related emissions to the extent possible.

The first step is to prepare a Dust Control Plan that meets all the applicable requirements of APCD Rule 8021. All construction activities are required to implement dust control measures, as required by APCD Rules 8011-8081, to limit Visible Dust Emissions to 20% opacity or less. Dust control measures include application of water or chemical dust suppressants to unpaved roads and graded areas, covering or stabilization of transported bulk materials, prevention of carryout or trackout of soil materials to public roads, limiting the area subject to soil disturbance, construction of wind barriers, access restrictions to inactive sites as required by the applicable rules. The following dust control practices are identified in Tables 6-2 and 6-3 of the GAMAQI (2002):
a. All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, or vegetative ground cover.
b. All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. c. All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall control fugitive dust emissions by application of water or by presoaking.
d. When materials are transported off-site, all material shall be covered, effectively wetted to limit visible dust emissions, or at least six inches of freeboard space from the top of the container shall be maintained.
e. All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at least once every 24 hours when operations are occurring. The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly

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forbidden.
f. Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. g. Limit traffic speeds on unpaved roads to 15 mph.
h. Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent.

The proposed Project would comply with pre-existing requisite federal, State, SJVAPCD, and other local regulations and requirements, as well as implement the control measures provided by the SJVAPCD for construction-related PM10 emissions.

Conclusion
The proposed Project would comply with pre-existing requisite federal, State, SJVAPCD, other local regulations and requirements, and mitigation measures in the General Plan EIR, as well as implement the control measures provided by the SJVAPCD for construction-related PM10 emissions. Some criteria pollutant emissions would exceed the SJVAPCD’s criteria pollutant emissions thresholds (for CO, NOX, ROG, PM10, and PM2.5), and such exceedance of the projectlevel thresholds was anticipated for projects, like the proposed Project, that develop consistent with the General Plan in the General Plan EIR. Compliance with the General Plan policies and actions, existing rules and regulations, and General Plan EIR mitigation measures would reduce the criteria pollutant emissions from the Project, but the impacts could remain significant and unavoidable. As the General Plan EIR evaluated this topic and also concluded the impacts will remain significant and unavoidable. Because the Project would be consistent with the land use and density assumed in the Proposed land use plan-year 2040 buildout used to evaluate air quality impacts in the General Plan, the proposed Project would not result in new or more severe impacts than what was previously disclosed in the General Plan EIR. Under the existing General Plan land use designation for the site (Low Density Residential), the 503.89-acre Development Area could be developed with up to 6.1 units per gross acre, or up to 3,073 units. Under the Project, up to 2,241 residential units would be constructed, which is well within the assumed housing units count for the Project site analyzed as part of the General Plan EIR shown in Appendix B of the General Plan EIR.2 The amount of emissions resulting from a project directly correlates to the size of a project site and the unit count of a project. As the General Plan EIR’s Air quality modelling assumed the build out of areas in Sphere of Influence, including the Project site, and the Project is proposing units within the residential density range considered din the general Plan for this Project Site, no additional analysis is required. Therefore, the Project would not result in any new significant effects or increase the severity of previously identified environmental effects related to air quality emissions as compared with the General Plan EIR.

Response c): A toxic air contaminant (TAC) is defined as an air pollutant that may cause or 2 The air emissions modeling within the General Plan EIR Included the SOI areas, which includes the Project site.

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contribute to an increase in mortality or in serious illness, or that may pose a hazard to human health. TACs are usually present in minute quantities in the ambient air. However, their high toxicity or health risk may pose a threat to public health even at very low concentrations. In general, for those TACs that may cause cancer, there is no concentration that does not present some risk. This contrasts with the criteria pollutants for which acceptable levels of exposure can be determined and for which the state and federal governments have set ambient air quality standards.

Controlling air toxic emissions became a national priority with the passage of the Clean Air Act Amendments (CAAA) of 1990, whereby Congress mandated that the U.S. EPA regulate 188 air toxics, also known as hazardous air pollutants. The U.S. EPA has assessed this expansive list in their latest rule on the Control of Hazardous Air Pollutants from Mobile Sources (Federal Register, Vol. 72, No. 37, page 8430, February 26, 2007) and identified a group of 93 compounds emitted from mobile sources. In addition, the U.S. EPA identified seven compounds with significant contributions from mobile sources that are among the national and regional-scale cancer risk drivers from their 1999 National Air Toxics Assessment. These are acrolein, benzene, 1,3-butidiene, diesel particulate matter plus diesel exhaust organic gases (diesel PM), formaldehyde, naphthalene, and polycyclic organic matter.

The 2007 U.S. EPA rule requires controls that will dramatically decrease Mobile Source Air Toxics (MSAT) emissions through cleaner fuels and cleaner engines. According to an FHWA analysis using EPA’s MOBILE6.2 model, even if vehicle activity (VMT) increases by 145 percent, a combined reduction of 72 percent in the total annual emission rate for the priority MSAT is projected from 1999 to 2050. California maintains stricter standards for clean fuels and emissions compared to the national standards, therefore it is expected that MSAT trends in California will decrease consistent with or more than the U.S. EPA's national projections.

The California Air Resources Board (CARB) published the Air Quality and Land Use Handbook: A Community Health Perspective (CARB, 2005) to provide information to local planners and decision-makers about land use compatibility issues associated with emissions from industrial, commercial and mobile sources of air pollution. The CARB Handbook indicates that mobile sources continue to be the largest overall contributors to the State’s air pollution problems, representing the greatest air pollution health risk to most Californians. The most serious pollutants on a statewide basis include diesel exhaust particulate matter (diesel PM), benzene, and 1,3-butadiene, all of which are emitted by motor vehicles. These mobile source air toxics are largely associated with freeways and high traffic roads. Non-mobile source air toxics are largely associated with industrial and commercial uses. Table Air-3 provides the California Air Resources Board minimum separation recommendations on siting sensitive land uses.

Table Air-3: CARB Minimum Separation Recommendations on Siting Sensitive Land Uses

SOURCE CATEGORY ADVISORY RECOMMENDATIONS
Freeways and
High-Traffic Roads
• Avoid siting new sensitive land uses within 500 feet of a freeway, urban roads with 100,000 vehicles/day, or rural roads with 50,000 vehicles/day.

ATTACHMENT E
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SOURCE CATEGORY ADVISORY RECOMMENDATIONS
Distribution
Centers
• Avoid siting new sensitive land uses within 1,000 feet of a distribution center (that accommodates more than 100 trucks per day, more than 40 trucks with operating transport refrigeration units (TRUs) per day, or where TRU unit operations exceed 300 hours per week).
• Take into account the configuration of existing distribution centers and avoid locating residences and other new sensitive land uses near entry and exit points.

Rail Yards
• Avoid siting new sensitive land uses within 1,000 feet of a major service and maintenance rail yard.
• Within one mile of a rail yard, consider possible siting limitations and mitigation approaches.

Ports
• Avoid siting of new sensitive land uses immediately downwind of ports in the most heavily impacted zones. Consult local air districts or the CARB on the status of pending analyses of health risks.

Refineries
• Avoid siting new sensitive land uses immediately downwind of petroleum refineries.

Consult with local air districts and other local agencies to determine an appropriate separation.

Chrome Platers • Avoid siting new sensitive land uses within 1,000 feet of a chrome plater.

Dry Cleaners
Using Perchloroethylene
• Avoid siting new sensitive land uses within 300 feet of any dry-cleaning operation.

For operations with two or more machines, provide 500 feet. For operations with 3 or more machines, consult with the local air district.
• Do not site new sensitive land uses in the same building with perc dry cleaning operations.

Gasoline
Dispensing
Facilities
• Avoid siting new sensitive land uses within 300 feet of a large gas station (defined as a facility with a throughput of 3.6 million gallons per year or greater). A 50-foot separation is recommended for typical gas dispensing facilities.

SOURCES: AIR QUALITY AND LAND USE HANDBOOK: A COMMUNITY HEALTH PERSPECTIVE” (CARB 2005) As discussed in the Stockton General Plan EIR (See General Plan Draft EIR, Impact AQ-5, pp. 4.3- 40 through 4.3-43), implementation of the proposed General Plan would not have the potential to substantially increase CO hotspots at intersections in the vicinity of the EIR Study Area.

Similarly, impacts related to permitted stationary sources of TACs are considered less than significant. However, health risk impacts from non-permitted sources associated with development of industrial and commercial land uses are considered significant. The proposed Project consists of the development of 2,241 single-family residences and does not include any land uses that would generate notable sources of TACs. Since the proposed Project would not generate a significant risk of public exposure to TACs and would not result in change from land use and density designation proposed for the Project site in the General Plan, it would not result in substantially greater impact than that evaluated in the General Plan EIR, and the proposed Project would continue to have a less than significant impact related to exposure of sensitive receptors to toxic air contaminants, as concluded in the General Plan EIR.

Response d): Operation of the proposed Project would not generate notable odors. The land uses included in the proposed Project are compatible with the surrounding existing and proposed land uses. People in the immediate vicinity of construction activities may be subject to temporary odors typically associated with construction activities (diesel exhaust, hot asphalt, etc.).

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However, any odors generated by construction activities would be minor and would be short and temporary in duration.

Impacts related to operational odors as a result of General Plan buildout were determined to be potentially significant, while impacts related to construction-related odors were determined to be less than significant (See General Plan Draft EIR, Impact AQ-6, pp. 4.3-43 and 4.3-44).

Mitigation Measure AQ-6 would ensure that sources identified by SJVAPCD are mitigated through adherence to an odor control plan and comply with SJVAPCD Rule 4102.

Examples of facilities that are known producers of operational odors include: Wastewater Treatment Facilities, Chemical Manufacturing, Sanitary Landfill, Fiberglass Manufacturing, Transfer Station, Painting/Coating Operations (e.g. auto body shops), Composting Facility, Food Processing Facility, Petroleum Refinery, Feed Lot/Dairy, Asphalt Batch Plant, and Rendering Plant. If a project would locate receptors and known odor sources in proximity to each other further analysis may be warranted; however, if a project would not locate receptors and known odor sources in proximity to each other, then further analysis is not warranted. The Project does not propose to locate the proposed residences (i.e., sensitive receptors) near these types of stationary sources, and thus, the Project would not be exposed to odors in the vicinity.

Surrounding land uses generally include vacant agricultural land proposed for development of residential uses, an elementary school, commercial uses, residential uses, and UPRR right-of-way.

Should any of the future residential or park uses generate odors during construction, the odors would be contained within the building envelope and proper ventilation would be provided. The Project would not result in any new significant effects or increase the severity of previously identified environmental effects related to odors as compared with the General Plan EIR.

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IV. BIOLOGICAL RESOURCES
Significant
Impact
Peculiar to
the Project or
the Project
Site
Significant
Impact due to
New
Information
Impact
Adequately
Addressed in
the General
Plan EIR
Impact not
Previously
Addressed in
General Plan
EIR
a) Have a substantial adverse effect, either directly
or through habitat modifications, on any species
identified as a candidate, sensitive, or special status species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
X
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations or by the California Department of Fish
and Game or US Fish and Wildlife Service?
X
c) Have a substantial adverse effect on state or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.) through
direct removal, filling, hydrological interruption, or
other means?
X
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species
or with established native resident or migratory
wildlife corridors, or impede the use of native
wildlife nursery sites?
X
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
X
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community
Conservation Plan, or other approved local, regional,
or state habitat conservation plan?
X
Project Impacts:

The proposed Project includes the development of 2,241 single-family residences and would modify existing habitats through the removal of plant cover on the Project site. There is limited potential for impacts to special status animal or plant species to occur due to the lack of habitat, the existing agricultural uses, and the existing developed lands surrounding the Project site. The following discussion summarizes the pre-field investigation, field survey, and special-status species which may occur in the Project area.

It is noted that the Project is subject to the SJMSCP which will require obtaining coverage for the Project. This would mean that the SJCOG, under authorization from the USFWS and CNDDB would review the Project and issue incidental take authorization (permits) under the Endangered Species Act Section 10(a), California Fish and Game Code Section 2081, and the MBTA. Coverage under the SJMSCP would fully mitigate all habitat impacts on covered special-status species.

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Pre-Field Investigation
Prior to the field investigation, numerous maps, databases, and reports were reviewed including:
• U.S. Geological Survey (USGS) 7.5-minute Quadrangle
• USGS National Hydrography Data Set
• Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps • National Resource Conservation Service (NRCS) Soil Survey • California Wildlife Habitat Relationships (CWHR) maps • CNDDB
• CNPS Inventory of Rare and Endangered Plants
• USFWS IPac
• USFWS Official List
Field Survey
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. The site reconnaissance surveys served several purposes.

First, they served as reconnaissance of the site to establish the existing conditions of the site and to verify information gathered in the pre-field investigation. This included identification of the habitat types, hydrologic features, topography, soil characteristics, and vegetation. The field investigations followed the Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities (CDFW 2009). Habitat was recorded.

Visibility during each survey was excellent.

Special-Status Species
The following discussion is based on a background search of special-status species that are documented in the CNDDB, the CNPS Inventory of Rare and Endangered Plants, and the USFWS records of listed endangered and threatened species from the IPAC database. The background search was regional in scope and focused on the documented occurrences within the 9- quadrangle (approximately 10 miles) region for the Project site. Table BIO-1 provides a list of special-status plants and Table BIO-2 provides a list of special-status animals. Figure 3.4-2 presents the documented occurrences within a one-mile radius of the Project site.

Table BIO-1: Special-Status Plant Species Which May Occur in Project Area

SPECIES
STATUS
(FED./CA
/
CNPS/

SJMSCP)

GEOGRAPHIC DISTRIBUTION HABITAT AND BLOOMING PERIOD

PRESENCE

DETERMINATION
Alkali milkvetch
Astragalus
tener var.
tener
--/--
/1B.2/Yes
Eastern San Francisco Bay
region, the Delta, and
western San Joaquin Valley
south to the lower Salinas and
San Benito valleys
Grassy alkaline flats and vernally
moist meadows at elevations below
500 ft. March-June.

Not Present. Not
observed during
field survey. No
appropriate habitat.

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SPECIES
STATUS
(FED./CA
/
CNPS/

SJMSCP)

GEOGRAPHIC DISTRIBUTION HABITAT AND BLOOMING PERIOD

PRESENCE

DETERMINATION
Big tarplant
Blepharizoni
a plumosa
--/--
/1B.1/No
San Francisco Bay area with
occurrences in Alameda,
Contra Costa, San Joaquin,
Stanislaus, and Solano
Counties
Valley and foothill grassland; 30-505
m. July-Oct.

Not Present. Not
observed during
field survey. No
appropriate habitat.

Bolander's
waterhemlock
Cicuta
maculata
var.
bolanderi
--/--
/2B.1/No
Marin, Solano, Contra Costa,
Sacramento, and San Joaquin
Counties
Marshes and swamps. In fresh or
brackish water. 0-20 m. July-Sept.

Not Present. Not
observed during
field survey. No
appropriate habitat.
bristly sedge
Carex
comosa
--/--
/2B.1/Yes
Scattered occurrences
throughout California; Oregon
and Washington
Coastal prairie, marshes and
swamps at lake margins, valley and
foothill grassland; below 625 m
Not Present. Not
observed during
field survey. No
appropriate habitat.

Delta
mudwort
Limosella
australis
--/--/2B.1/
Yes
Found in Contra Costa
County, Sacramento County,
San Joaquin County, and
Solano County.

Riparian scrub, marshes and
swamps. Usually on mud banks of
the Delta in marshy or scrubby
riparian associations; often with
Lilaeopsis masonii. 0-5 m. May-Aug.

Not Present. Not
observed during
field survey. No
appropriate habitat.

Delta tule
pea
Lathyrus
jepsonii var.
jepsonii
--/--
/1B.2/Yes
Found mainly in the
Sacramento-San Joaquin
Delta and has been
documented in Contra Costa,
Sacramento, San Joaquin,
Solano, Napa, and Alameda
Counties
Marshes and swamps. In freshwater
and brackish marshes. Often found
with Typha, Aster lentus, Rosa
californica, Juncus spp., Scirpus, etc.

Usually on marsh and slough edges.
0-5 m. May-Jul(Aug-Sep)
Not Present. Not
observed during
field survey. No
appropriate habitat.

Heartscale
Atriplex
cordulata
var.
cordulata
--/--
/1B.2/Yes
Central Valley and interior
valleys of the Coast Range
from Butte to Kern counties.

Saline or alkaline sandy soils in
grassland or saltbush scrub. MarchOctober
Not Present. Not
observed during
field survey. No
appropriate habitat.
legenere
Legenere
limosa
--/--
/1B.1/Yes
Central Valley or primarily
located in the lower
Sacramento Valley, also from
north Coast Ranges, San
Joaquin Valley, and the Santa
Cruz Mountains
Deep, seasonally wet habitats such
as vernal pools, ditches, marsh
edges, and riverbanks; below 150
m. April-June
Not Present. Not
observed during
field survey. No
appropriate habitat.

Mason's
lilaeopsis
Lilaeopsis
masonii
--
/R/1B.1/Y
es
Sacramento-San Joaquin River
Delta and nearby shores of
San Francisco Bay
Marshes and swamps, riparian
scrub. Tidal zones, in muddy or silty
soil formed through river deposition
or river bank erosion. In brackish or
freshwater. 0-10 m. Apr-Nov.

Not Present. Not
observed during
field survey. No
appropriate habitat.

Palmatebracted
bird's-beak
Chloropyron
palmatum
E/E/1B.1/
Yes
Scattered locations in Fresno
and Madera counties in the
San Joaquin Valley, San
Joaquin, Yolo, and Colusa
counties in the Sacramento
Valley, and the Livermore
Valley area of Alameda
County
Saline-alkaline soils in seasonallyflooded lowland plains and basins at elevations of less than 500 feet.

May-October
Not Present. Not
observed during
field survey. No
appropriate habitat.

ATTACHMENT E
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SPECIES
STATUS
(FED./CA
/
CNPS/

SJMSCP)

GEOGRAPHIC DISTRIBUTION HABITAT AND BLOOMING PERIOD

PRESENCE

DETERMINATION
Recurved
larkspur
Delphinium
recurvatum
--/--
/1B.2/Yes
Central Valley from Colusa to
Kern Counties
Alkaline soils in saltbush scrub,
cismontane woodland, valley and
foothill grassland; 3-750 m. MarchMay.

Not Present. Not
observed during
field survey. No
appropriate habitat.

Saline clover
Trifolium
hydrophilum
--/--
/1B.2/No
Eastern and Northern San
Francisco Bay region, the
Delta, western San Joaquin
Valley, southern San Jose
Marshes and swamps, Valley and
foothill grassland (mesic, alkaline),
and Vernal pools. April-June
Not Present. Not
observed during
field survey. No
appropriate habitat.

San Joaquin
spearscale
Extriplex
joaquinana
--/--
/1B.2/Yes
Delta region, central valley
and central coast
Alkaline. Chenopod scrub, Meadows
and seeps, Playas, Valley and
foothill grassland. April-October
Not Present. Not
observed during
field survey. No
appropriate habitat.

Sanford's
arrowhead
Sagittaria
sanfordii
--/--
/1B.2/Yes
Butte, Del Norte, El Dorado,
Fresno, Merced, Mariposa,
Marin, Napa, Orange, Placer,
Sacramento, San Bernardino,
Shasta, San Joaquin, Solano,
Tehama, Tulare, Ventura, and
Yuba Counties
Marshes and swamps. In standing
or slow-moving freshwater ponds,
marshes, and ditches. 0-605 m.

May-Oct(Nov)
Not Present. Not
observed during
field survey. No
appropriate habitat.
sideflowering
skullcap
Scutellaria
lateriflora
--/--
/2B.2/Yes
Northern San Joaquin Valley,
east of the Sierra Nevada,
Inyo and San Joaquin
Counties; New Mexico,
Oregon, and elsewhere
Mesic meadows, marshes and
swamps; below 500 m
Not Present. Not
observed during
field survey. No
appropriate habitat.
succulent
owl's-clover
Castilleja
campestris
var.
succulenta
T/E/1B.2/
Yes
Solano, Stanislaus, Merced,
Madera, and Fresno Counties
Vernal pools. Moist places, often in
acidic soils. 20-705 m. April-May.

Not Present. Not
observed during
field survey. No
appropriate habitat.

Suisun
Marsh aster
Symphyotric
hum lentum
--/--
/1B.2/Yes
Contra Costa, Napa,
Sacramento, San Joaquin,
Solano, and Yolo Counties
Marshes and swamps (brackish and
freshwater). Most often seen along
sloughs with Phragmites, Scirpus,
blackberry, Typha, etc. 0-15 m.
(Apr)May-Nov
Not Present. Not
observed during
field survey. No
appropriate habitat.

Watershield
Brasenia
schreberi
--/--
/2B.3/No
Butte, Calaveras, El Dorado,
Fresno, Kern, Lake, Lassen,
Mendocino, Merced, Nevada,
Plumas, Sacramento, Shasta,
Sierra, Siskiyou, San Joaquin,
Sonoma, Sutter, Tehama,
Trinity, Tulare, and Tuolumne
Counties
Freshwater marshes and swamps.

Aquatic known from water bodies
both natural and artificial in
California. 1-2180 m. Jun-Sep
Not Present. Not
observed during
field survey. No
appropriate habitat.

Woolly rosemallow
Hibiscus
lasiocarpos
var.
occidentalis
--/--
/1B.2/No
Central Valley of California, as
well as populations in eastern
North America
All along the waterways of the
Delta. June-September
Not Present. Not
observed during
field survey. No
appropriate habitat.

SOURCES: CNDDB, 2024; DE NOVO PLANNING GROUP, 2024.

NOTES: CNPS = CALIFORNIA NATIVE PLANT SOCIETY; SJMSCP = SAN JOAQUIN MULTI-SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN FEDERAL: E = ENDANGERED UNDER THE FEDERAL ENDANGERED SPECIES ACT; T = THREATENED UNDER THE FEDERAL ENDANGERED SPECIES ACT.

ATTACHMENT E
1510
STATE: E = ENDANGERED UNDER THE CALIFORNIA ENDANGERED SPECIES ACT.

CALIFORNIA NATIVE PLANT SOCIETY:
1B = RARE, THREATENED, OR ENDANGERED IN CALIFORNIA AND ELSEWHERE. 2 = RARE, THREATENED, OR ENDANGERED IN CALIFORNIA, BUT MORE COMMON ELSEWHERE. .1 = SERIOUSLY ENDANGERED IN CALIFORNIA (OVER 80% OF OCCURRENCES THREATENED-HIGH DEGREE AND IMMEDIACY OF THREAT). .2 = FAIRLY ENDANGERED IN CALIFORNIA (20-80% OCCURRENCES THREATENED). .3 = NOT VERY ENDANGERED IN CALIFORNIA (<20% OF OCCURRENCES THREATENED).

Table BIO-2: Special-Status Animal Species Which May Occur in Project Area

SPECIES
STATUS
(FED/CA/

SJMSCP)

GEOGRAPHIC

DISTRIBUTION

HABITAT REQUIREMENTS

PRESENCE

DETERMINATION

INVERTEBRATES
American bumble
bee
Bombus
pensylvanicus
--/--/No Southern Arizona, New
Mexico, and California
Long-tongued; forages on a
wide variety of flowers
including vetches (Vicia),
clovers (Trifolium), thistles
(Cirsium), sunflowers
(Helianthus), etc. Nests
above ground under long
grass or underground.

Queens overwinter in rotten
wood or underground.

Not Present.

Appropriate
habitat is not
present.

Crotch bumble bee
Bombus crotchii
--/C/No Central California south
to Baja California del
Norte, Mexico, and
includes coastal areas
east to the edges of the
deserts and the Central
Valley
Open grassland and scrub Not Present.

Appropriate
habitat is not
present.
valley elderberry
longhorn beetle
Desmocerus
californicus
dimorphus
T/--/Yes Stream side habitats
below 3,000 feet
throughout the Central
Valley
Riparian and oak savanna
habitats with elderberry
shrubs; elderberries are the
host plant.

Not Present.

Appropriate
habitat is not
present.

California linderiella
Linderiella
occidentalis
--/--/No Ranges from near
Redding in the north to as
far south as Fresno
County, mainly to the
east of the Sacramento
and San Joaquin Rivers
Natural, and artificial,
seasonally ponded habitat
types including: vernal
pools, swales, ephemeral
drainages, stock ponds,
reservoirs, ditches, backhoe
pits, and ruts caused by
vehicular activities
Not Present. No
appropriate
habitat.

Midvalley fairy
shrimp
Branchinecta
mesovallensis
--/--/Yes Have been found in
Sacramento, Solano, Yolo,
Contra Costa, San
Joaquin, Madera, Merced
and Fresno counties. The
increase of known
locations lends additional
support to the idea that
the range and distribution
of midvalley fairy shrimp
is greater than the
distribution of known
occurrences.

Shallow ephemeral pools,
vernal swales, and various
artificial ephemeral wetland
habitats.

Not Present. No
appropriate
habitat.

ATTACHMENT E
1511

SPECIES
STATUS
(FED/CA/

SJMSCP)

GEOGRAPHIC

DISTRIBUTION

HABITAT REQUIREMENTS

PRESENCE

DETERMINATION
Vernal pool fairy
shrimp
Branchinecta lynchi
T/--/Yes Central Valley, central
and south Coast Ranges
from Tehama County to
Santa Barbara County.

Isolated populations also
in Riverside County
Common in vernal pools;
they are also found in
sandstone rock outcrop
pools.

Not Present. No
appropriate
habitat.

Vernal pool tadpole
shrimp
Lepidurus packardi
E/--/Yes Shasta County south to
Merced County
Vernal pools and ephemeral
stock ponds.

Not Present. No
appropriate
habitat.
western ridged
mussel
Gonidea angulata
--/--/No Extirpated throughout
their original range in
California, particularly in
southern California and
the Central Valley. They
have also been extirpated
from many sites in the
Snake and Columbia
watersheds.

Primarily creeks and rivers
and less often lakes.

Originally in most of state,
now extirpated from Central
and Southern California.

Not Present. No
appropriate
habitat.

AMPHIBIANS
California tiger
salamander
Ambystoma
californiense (A.
tigrinum c.)
T/SSC/Yes Central Valley, including
Sierra Nevada foothills,
up to approximately
1,000 feet, and coastal
region from Butte County
south to northeastern
San Luis Obispo County.

Small ponds, lakes, or vernal
pools in grass-lands and oak
woodlands for larvae;
rodent burrows, rock
crevices, or fallen logs for
cover for adults and for
summer dormancy.

Not Present. No
appropriate
habitat.
foothill yellowlegged frog - south
Sierra DPS
Rana boylii pop. 5
PE/E/Yes Occurs in the Klamath,
Cascade, north Coast,
south Coast, Transverse,
and Sierra Nevada Ranges
up to approximately
6,000 feet
Creeks or rivers in
woodland, forest, mixed
chaparral, and wet meadow
habitats with rock and
gravel substrate and low
overhanging vegetation
along the edge. Usually
found near riffles with rocks
and sunny banks nearby.

Not Present. No
appropriate
habitat.
western spadefoot
Spea hammondii
--/SSCC/Yes Found along the coast
and coastal mountain
ranges of California from
Marin County to San
Diego County and in the
Sierra Nevada from
Tehama County to Fresno
County
Permanent and semipermanent aquatic habitats,
such as creeks and coldwater ponds, with emergent
and submergent vegetation.

May estivate in rodent
burrows or cracks during dry
periods.

Not Present. No
appropriate
habitat.

BIRDS
Burrowing owl
Athene cunicularia
BCC/SSC/Yes Lowlands throughout
California, including the
Central Valley,
northeastern plateau,
southeastern deserts, and
coastal areas. Rare along
south coast
Level, open, dry, heavily
grazed or low stature
grassland or desert
vegetation with available
burrows
Potentially Present.

Nesting and
foraging habitat is
present on the
Project site. No
nests were located
on the Project site.

California black rail --/T(FP)/Yes Permanent resident in the San Francisco Bay and
east-ward through the
Tidal salt marshes
associated with heavy
growth of pickleweed; also
Known to occur in
the region. No
appropriate

ATTACHMENT E
1512

SPECIES
STATUS
(FED/CA/

SJMSCP)

GEOGRAPHIC

DISTRIBUTION

HABITAT REQUIREMENTS

PRESENCE

DETERMINATION
Laterallus
jamaicensis
coturniculus
Delta into Sacramento
and San Joaquin
Counties; small
populations in Marin,
Santa Cruz, San Luis
Obispo, Orange,
Riverside, and Imperial
Counties
occurs in brackish marshes
or freshwater marshes at
low elevations
nesting habitat.

Limited foraging
habitat associated
with the irrigation
ditches. Low
possibility for
presence.

Least Bell's vireo
Vireo bellii pusillus
E/E/No Central Valley of
California and other lowelevation river valleys.

Dense brush, mesquite,
willow-cottonwood forest,
streamside thickets, and
scrub oak.

Known to occur in
the region. No
appropriate
nesting habitat.

Limited foraging
habitat associated
with the irrigation
ditches. Low
possibility for
presence.

Song sparrow
(Modesto
Population)
Melospiza melodia
BCC/SSC/Yes Restricted to California,
where it is locally
numerous in the
Sacramento Valley,
Sacramento–San Joaquin
River Delta, and northern
San Joaquin Valley. Exact
boundaries of range
uncertain.

Found in emergent
freshwater marshes
dominated by tules (Scirpus
spp.) and cattails (Typha
spp.) as well as riparian
willow (Salix spp.) thickets.

They also nest in riparian
forests of Valley Oak
(Quercus lobata) with a
sufficient understory of
blackberry (Rubus spp.),
along vegetated irrigation
canals and levees, and in
recently planted Valley Oak
restoration sites.

Known to occur in
the region. No
appropriate
nesting habitat.

Limited foraging
habitat associated
with the irrigation
ditches.

Swainson’s hawk
Buteo swainsoni
BCC/T/Yes Lower Sacramento and
San Joaquin Valleys, the
Klamath Basin, and Butte
Valley. Highest nesting
densities occur near Davis
and Woodland, Yolo
County
Nests in oaks or
cottonwoods in or near
riparian habitats. Forages in
grasslands, irrigated
pastures, and grain fields
Known to occur in
the region.

Potential nesting
and foraging
habitat present
within Project area.

Observed foraging
over the Project
site.

Tricolored blackbird
Agelaius tricolor
BCC/C
(SSC)/Yes
Permanent resident in
the Central Valley from
Butte County to Kern
County. Breeds at
scattered coastal
locations from Marin
County south to San
Diego County; and at
scattered locations in
Lake, Sonoma, and Solano
Counties. Rare nester in
Siskiyou, Modoc, and
Nests in dense colonies in
emergent marsh vegetation,
such as tules and cattails, or
upland sites with
blackberries, nettles,
thistles, and grainfields.

Habitat must be large
enough to support 50 pairs.

Probably requires water at
or near the nesting colony
Known to occur in
the region. No
appropriate
nesting habitat.

Limited foraging
habitat associated
with the irrigation
ditches. Low
possibility for
presence.

ATTACHMENT E
1513

SPECIES
STATUS
(FED/CA/

SJMSCP)

GEOGRAPHIC

DISTRIBUTION

HABITAT REQUIREMENTS

PRESENCE

DETERMINATION
Lassen Counties
White-tailed kite
Elanus leucurus
--/FP/Yes Gulf Coast in Texas and
Mexico and in the valley
and coastal regions of
central and southern
California
Grasslands, marshes, row
crops and alfalfa, where
they hover while foraging
for rodents and insects.

Potentially Present.

Nesting and
foraging habitat is
present on the
Project site. No
nests were located
on the Project site.
yellow warbler
Setophaga petechia
--/SSC/Yes Coast range in Del Norte
county, east to Modoc
plateau, south along
coast range to Santa
Barbara and Ventura
counties and along
western slope of Sierra
Nevada south to Kern
county
Riparian plant associations
in close proximity to water.

Also nests in montane
shrubbery in open conifer
forests in Cascades and
Sierra Nevada. Frequently
found nesting and foraging
in willow shrubs and
thickets, and in other
riparian plants including
cottonwoods, sycamores,
ash, and alders.

Known to occur in
the region. No
appropriate
nesting habitat.

Limited foraging
habitat associated
with the irrigation
ditches. Low
possibility for
presence.

FISH
Delta smelt
Hypomesus
transpacificus
T/T/Yes Primarily in the
Sacramento–San Joaquin
Estuary but has been
found as far upstream as
the mouth of the
American River on the
Sacramento River and
Mossdale on the San
Joaquin River; range
extends downstream to
San Pablo Bay.

Occurs in estuary habitat in
the Delta where fresh and
brackish water mix in the
salinity range of 2–7 parts
per thousand.

Not Present. No
appropriate
habitat.
green sturgeon -
southern DPS
Acipenser
medirostris pop. 1
T/--/Yes Spawns in the
Sacramento, Feather and
Yuba Rivers. Presence in
upper Stanislaus and San
Joaquin Rivers may
indicate spawning.

Spawning site fidelity. Nonspawning adults occupy
marine/estuarine waters.

Delta Estuary is important
for rearing juveniles.

Spawning occurs primarily in
cool (11-15 C) sections of
mainstem rivers in deep
pools (8-9 meters) with
substrate containing small
to medium sized sand,
gravel, cobble, or boulder.

Not Present. No
appropriate
habitat.

Longfin smelt
Spirinchus
thaleichthys
--/SSC/Yes Occurs in estuaries along
the California coast.

Adults concentrated in
Suisun, San Pablo, and
North San Francisco Bays.

Prior to spawning, these fish
aggregate in deepwater
habitats available in the
northern Delta, including,
primarily, the channel
habitats of Suisun Bay and
the Sacramento River.

Spawning occurs in fresh
water on the San Joaquin
River below Medford Island
Not Present. No
appropriate
habitat.

ATTACHMENT E
1514

SPECIES
STATUS
(FED/CA/

SJMSCP)

GEOGRAPHIC

DISTRIBUTION

HABITAT REQUIREMENTS

PRESENCE

DETERMINATION
and on the Sacramento
River below Rio Vista.

Sacramento splittail
Pogonichthys
macrolepidotus
--/SSC/Yes Sacramento splittail are
found only in California's
Central Valley. Currently
largely confined to: (1)
the Delta, (2) Suisun Bay,
(3) Suisun Marsh, (4)
Napa River, (5) Petaluma
River, and (6) other parts
of the Sacramento-San
Joaquin Estuary.

Adults require flooded
vegetation for spawning and
rearing, and are often found
in areas subject to flooding.

Spawning occurs on
submerged vegetation in
temporarily flooded upland
and riparian habitat.

Spawning occurs in the
lower reaches of rivers,
bypasses used for flood
management, dead-end
sloughs and in larger sloughs
such as Montezuma Slough.

Not Present. No
appropriate
habitat.

Steelhead - Central
Valley DPS
Oncorhynchus
mykiss irideus pop.
11 T/--/No From Russian River, south
to Soquel Creek and to,
but not including, Pajaro
River. Also San Francisco
and San Pablo Bay basins.

Aquatic, flowing waters.

Populations in the
Sacramento and San Joaquin
rivers and their tributaries.

Not Present. No
appropriate
habitat.

MAMMALS
Riparian brush
rabbit
Sylvilagus bachmani
riparius
E/E/Yes Limited to San Joaquin
County at Caswell State
Park near the confluence
of the Stanislaus and San
Joaquin Rivers and
Paradise Cut area on
Union Pacific right-of-way
lands
Native valley riparian
habitats with large clumps
of dense shrubs, lowgrowing vines, and some tall
shrubs and trees
Not Present. No
appropriate
habitat.

REPTILES
Giant garter snake
Thamnophis couchi
gigas
T/T/Yes Central Valley from the
vicinity of Burrel in Fresno
County north to near
Chico in Butte County;
has been extirpated from
areas south of Fresno
Sloughs, canals, low gradient
streams and freshwater
marsh habitats where there
is a prey base of small fish
and amphibians; they are
also found in irrigation
ditches and rice fields;
requires grassy banks and
emergent vegetation for
basking and areas of high
ground protected from
flooding during winter.

Aquatic habitat is
present in the
irrigation ditches
within the Project
site. The upland
areas on the
Project site are not
expected to serve
as habitat given
that they are
regularly disturbed
in association with
the agricultural
operations.
western pond turtle
Emys marmorata
--/SSC/Yes Occurs from the Oregon
border of Del Norte and
Siskiyou Counties south
along the coast to San
Francisco Bay, inland
through the Sacramento
Valley, and on the
western slope of Sierra
Nevada
Occupies ponds, marshes,
rivers, streams, and
irrigation canals with muddy
or rocky bottoms and with
watercress, cattails, water
lilies, or other aquatic
vegetation in woodlands,
grasslands, and open forests
Potentially Present.

Appropriate
habitat is present
within the
irrigation ditches.

The upland areas
on the Project site
are not expected
to serve as habitat

ATTACHMENT E
1515

SPECIES
STATUS
(FED/CA/

SJMSCP)

GEOGRAPHIC

DISTRIBUTION

HABITAT REQUIREMENTS

PRESENCE

DETERMINATION
given that they are
regularly disturbed
in association with
the agricultural
operations.

SOURCES: CNDDB, 2024; DE NOVO PLANNING GROUP, 2024.

NOTE: SJMSCP = SAN JOAQUIN MULTI-SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN STATUS EXPLANATIONS:

FEDERAL
E = ENDANGERED UNDER THE FEDERAL ENDANGERED SPECIES ACT.

T = THREATENED UNDER THE FEDERAL ENDANGERED SPECIES ACT.

C = CANDIDATE SPECIES FOR LISTING UNDER THE FEDERAL ENDANGERED SPECIES ACT.

PE = PROPOSED ENDANGERED UNDER THE FEDERAL ENDANGERED SPECIES ACT.

BCC = BIRD OF CONSERVATION CONCERN.

STATE
E = ENDANGERED UNDER THE CALIFORNIA ENDANGERED SPECIES ACT.

T = THREATENED UNDER THE CALIFORNIA ENDANGERED SPECIES ACT.

C = CANDIDATE SPECIES FOR LISTING UNDER THE STATE ENDANGERED SPECIES ACT.

FP = FULLY PROTECTED UNDER THE CALIFORNIA FISH AND GAME CODE.

SSC = SPECIES OF SPECIAL CONCERN IN CALIFORNIA.

Prior Environmental Analysis:

The General Plan EIR analyzed the anticipated impacts that would occur to the biological resources of the City of Stockton because of the future urban development that was contemplated by the General Plan. These impacts included development impacts to special-status species, species of concern, non-listed species, biological communities, and migratory wildlife corridors (City of Stockton General Plan Draft EIR, 2018, pages 4.4-22 through 4.4-28). General Plan includes policies and actions that encourage the protection and conservation of biological resources and require compliance with rules and regulations protecting biological resources.

As the General Plan Land Use Plan identified the Project site for Low Density residential development, the proposed Project is consistent with the General Plan’s adopted vision and land uses designated on the Project site, and would not result in any new or substantially increased impacts beyond those that were already addressed in the General Plan EIR. The General Plan EIR determined that impacts to these environmental topics were less than significant. These impacts were adequately addressed in Chapter 4.4 of the General Plan EIR. The proposed Project would not result in a new or substantially more severe impact than what was previously analyzed. The General Plan EIR did not identify any mitigation measures, but the General Plan included policies that would serve to minimize potential impacts to biological resources. The following are General Plan policies presented in the General Plan EIR relative to this environmental topic:
• Actions LU-5.1.A through LU-5.1.C require projects to provide open space; direct the City to protect, preserve, and improve riparian corridors; and require native and droughttolerant plants in landscape plans. These actions will minimize conversion of habitat by requiring open space in new development and preservation of riparian corridors, and they will ensure that plants used in landscaping provide habitat for native plants and animals, including special status species.

ATTACHMENT E
1516
• Actions LU-5.2.A through LU-5.2.C direct the City to continue to comply with the terms of the SJMSCP; require biological assessments for projects on or within 100 feet of sites that have the potential to contain special-status species or critical or sensitive habitats, and if sensitive biological resources are present, require the project to avoid or mitigate impacts; and require 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. These actions will ensure that the City continues to protect critical habitat areas through 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. • Action LU-5.3.C maintains an agricultural conservation program by which the City will mitigate the loss of agricultural lands, some of which provide habitat to special status species.
• Action LU-5.2.B would require baseline assessments to be prepared by a qualified biologist for any project on or within 100 feet of a site with the potential to contain special status species or critical or sensitive habitats, and if such species or habitat are found, to avoid or mitigate potential impacts.

Responses to Checklist Questions
Response a): The Project site is primarily leveled agricultural fields farmed in row crops that are biologically unremarkable. Due to a lack of suitable habitat, it is unlikely that special-status plants occur on the Project site. No special-status wildlife species were observed on the Project site and few are expected to occur on the Project site on more than a very occasional or transitory basis.

The site is not in designated critical habitat of any federally listed species. California Department of Fish and Wildlife’s (CDFW) California Natural Diversity Database (CNDDB, 2024) was searched prior to the field survey. The CNDDB search included the USGS 7.5-minute following topographic quadrangles: Thornton, Lodi North, Lockeford, Terminous, Lodi South, Waterloo, Holt, Stockton West, and Stockton East. The United States Fish and Wildlife Service (USFWS) IPaC Trust Report of Federally Threatened and Endangered species that may occur in or be affected by projects in the project’s geographical area was also reviewed. This information was used to identify wildlife and plant species that have been previously documented in the Project vicinity or have the potential to occur based on suitable habitat and geographical distribution. Habitats on the Project site are highly disturbed from intensive farming for decades and periodic disking and tilling of portions of the site for several years. The fields on the site were being farmed in various vegetable crops. Ruderal grassland vegetation on the Project site is primarily constrained to the outer edges of the vegetable fields on the Project site.

Special-Status Plants
Special-status plants generally occur in relatively undisturbed areas in vegetation communities such as vernal pools, marshes and swamps, seasonal wetlands, riparian scrub, and areas with unusual soils. All special-status plants in area occur in habitat types that do not occur on the

ATTACHMENT E
1517
Project site. The site contains ruderal grassland species that is routinely disked and the site has been historically farmed for decades and is not suitable for special-status plants. No specialstatus plants or potentially suitable habitat for special-status plants are observed on the Project site. Due to lack of suitable habitat, it is unlikely that special status plants occur in the Project site.

Human settlement has involved a high frequency of ground disturbance associated with the historical farming activities in the region, including the Project site. Therefore, the Project site does not contain suitable habitat for special-status plant species. Implementation of the proposed Project the Project would not result in any new significant effects or increase the severity of previously identified environmental effects related to special-status plant species as compared with the General Plan EIR.

Special-Status Wildlife
Special-status wildlife species recorded within two miles of the Project site in the CNDDB (2024) query include burrowing owl, Swainson’s hawk, tricolored blackbird, California linderiella, midvalley fairy shrimp, vernal pool tadpole shrimp, giant garter snake, and Central Valley steelhead. While the Project site may have provided habitat for several of the special-status wildlife species at some time in the past, intensive farming and development have substantially modified natural habitats in the greater Project vicinity, including those in the Project site.

Invertebrates. There are eight (8) special-status invertebrates that are documented within the nine (9)-quadrangle region for the Project site according to the CNDDB, including: American bumble bee (Bombus pensylvanicus), Crotch bumble bee (Bombus crotchii), valley elderberry longhorn beetle (Desmocerus californicus dimorphus), California linderiella (Linderiella occidentalis), Midvalley fairy shrimp (Branchinecta mesovallensis), Vernal pool fairy shrimp (Branchinecta lynchi), Vernal pool tadpole shrimp (Lepidurus packardi), and western ridged mussel (Gonidea angulata).

As noted previously, the Project site is predominantly comprised of agricultural and undeveloped uses. According to the CNDDB records search, there are no documented or observed specialstatus invertebrate species on the Project site. Additionally, appropriate habitat for the specialstatus invertebrates in the 9-quadrangle region were not observed within the Project site during the field survey and none are expected to be affected by the proposed Project.

Reptiles and Amphibians. There are two (2) special-status amphibians and two (2) special-status reptiles that are documented within the nine (9)-quadrangle area for the Project site according to the CNDDB, including: Giant garter snake (Thamnophis couchi gigas), Northern California legless lizard (Anniella pulchra), California tiger salamander (Ambystoma californiense), and western spadefoot (Spea hammondii). The Giant garter snake, California tiger salamander, and western spadefoot are covered species under the SJMSCP; the Northern California legless lizard is not covered.

Giant garter snake is a state and federal threatened species. The nearest CNDDB occurrence for this species is located approximately 1.75 miles northwest of the Project site. There is some limited habitat for this species within the irrigation ditches located on the Project site. It is noted

ATTACHMENT E
1518
that this species was not observed during the field survey and has not been documented on the Project site. It is noted that the Project is subject to the SJMSCP which will require obtaining coverage for the Project. This would mean that the SJCOG, under authorization from the USFWS and CNDDB would review the Project and issue incidental take authorization (permits) under the Endangered Species Act Section 10(a), California Fish and Game Code Section 2081, and the MBTA. Coverage under the SJMSCP would fully mitigate all habitat impacts on covered specialstatus species. Full coverage under the SJMSCP is included in Project Requirement 1.

Northern California legless lizard is a Species of Special Concern. The nearest CNDDB occurrence for this species is located approximately 21.9 miles southeast of the Project site. The Project site does not contain adequate habitat for Northern California legless lizard. This species was not observed during the field survey and has not been documented on the Project site. Based on field survey, this species is not present.

California tiger salamander is a Species of Special Concern and federal threatened species. The nearest CNDDB occurrence for this species is located approximately 5.3 miles south of the Project site. The Project site does not contain adequate estivation habitat for this species because of the frequency of disturbance associated with the agricultural activities. The irrigation ditches have limited water during the non-irrigation season, which coincides with the breeding season. This means that the irrigation ditches have very limited potential to serve as aquatic habitat for this species. This species was not observed and has not been documented on the Project site. This species is not anticipated to be present due to the lack of adequate habitat. It is noted that the Project is subject to the SJMSCP which will require obtaining coverage for the Project. This would mean that the SJCOG, under authorization from the USFWS and CNDDB would review the Project and issue incidental take authorization (permits) under the Endangered Species Act Section 10(a), California Fish and Game Code Section 2081, and the MBTA. Coverage under the SJMSCP would fully mitigate all habitat impacts on covered special-status species. Full coverage under the SJMSCP is included in Project Requirement 1.

Western spadefoot toad is a Species of Special Concern. The nearest CNDDB occurrence for this species is located approximately 6.7 miles south of the Project site. The Project site does not contain appropriate and adequate habitat for western spadefoot. This species was not observed during the field survey and has not been documented on the Project site.

Western pond turtle is a Species of Special Concern. Appropriate habitat for this species is present within the irrigation ditches. The upland areas on the Project site are not expected to serve as habitat given that they are regularly disturbed in association with the agricultural operations.

This species was not observed during the field survey and has not been documented on the Project site.

Birds. There are eight (8) special-status birds that are documented in the CNDDB within the nine (9)-quadrangle area for the Project site according to the CNDDB, including: Burrowing owl (Athene cunicularia), California black rail (Laterallus jamaicensis coturniculus), Least Bell's vireo (Vireo bellii pusillus), Song sparrow (Modesto Population) (Melospiza melodia), Swainson’s hawk

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(Buteo swainsoni), Tricolored blackbird (Agelaius tricolor), White-tailed kite (Elanus leucurus), and Yellow-headed blackbird (Xanthocephalus xanthocephalus). All of these bird species, except for Least bell’s vireo, are covered species under the SJMSCP.

Potential nesting habitat is present in a variety of trees located within the Project site and in the vicinity. There is also the potential for other special-status birds that do not nest in this region and represent migrants or winter visitants to forage on the Project site.

Year-round birds: Special-status birds that can be present in the region throughout the year include: burrowing owl (Athene cunicularia), California black rail (Laterallus jamaicensis coturniculus), song sparrow (Modesto population) (Melospiza melodia), tricolored blackbird (Agelaius tricolor), and Least Bell’s vireo (Vireo bellii pusillus), among others. Some of these species are migratory, but also reside year-round in California.

Summering Birds: The only special-status bird listed in the CNDDB search that is only present in the region in the spring and summer months is Yellow-headed blackbird (Xanthocephalus xanthocephalus).

Nesting Raptors (Birds of Prey): All raptors (owls, hawks, eagles, falcons), including species and their nests, are protected from take pursuant to the Fish and Game Code of California Section 3503.5, and the federal Migratory Bird Treaty Act, among other federal and State regulations.

Special-status raptors that are known to occur in the region include: Swainson's hawk (Buteo swainsoni) and white-tailed kite (Elanus leucurus), among others.

Analysis: Powerlines and trees located in the region represent potentially suitable nesting habitat for a variety of special-status birds. Additionally, the agricultural land represents potentially suitable nesting habitat for some ground-nesting birds. In general, most nesting occurs from late February and early March through late July and early August, depending on various environmental conditions. The CNDDB currently contains records for Swainson's hawk, burrowing owl, and tricolored blackbird in the vicinity of the Project site. In addition to the species described above, common raptors, may nest in or adjacent to the Project site.

New sources of noise and light during the construction and operational phases of the Project could adversely affect nesters if they located adjacent to the Project site in any given year.

Additionally, the proposed Project would eliminate the agricultural areas on the Project site, which serve as potential foraging habitat for birds throughout the year.

As per Project Requirement 1, the Project would be required to participate in the SJMSCP. As part of the SJMSCP, SJCOG requires preconstruction surveys for projects that initiate grading activities during the avian breeding season (March 1 – August 31). When active nests are identified, the biologists develop buffer zones around the active nests as deemed appropriate until the young have fledged. SJCOG also uses the fees to purchase habitat as compensation for the loss of foraging habitat.

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Additionally, pursuant to the SJMSCP, if construction is scheduled to commence during the nesting season (i.e., between February 15 through August 31), and Swainson’s hawks are nesting in or near the Project site, a construction setback of twice the diameter of the drip-line of the nest tree (as measured from under the nest) would be required until nesting is complete. The implementation of Project Requirement 2 would ensure that Swainson’s hawks are not impacted during construction activities. The implementation of Project Requirements 1and 2 would ensure that the Project implements the requirements specified in the General Plan to protect biological resources.

Further, if burrow habitat for burrowing owl becomes available in the future, this species may utilize habitats in the Project site for nesting. Pursuant to the SJMSCP, if construction is scheduled to commence outside the nesting season (i.e., if construction starts between September 1 and January 31) and burrowing owls are present on-site, they can be passively relocated. If construction commences during the nesting season and burrowing owls are present on-site, a 250-foot construction setback from the natal burrow would be required until nesting is complete.

The implementation of Project Requirement 3 would ensure that burrowing owls are not impacted during construction activities. The implementation of Project Requirements 1 and 3 would ensure that the Project implements the requirements specified in the General Plan to protect biological resources.

Lastly, pursuant to the SJMSCP, if construction is scheduled to commence during the nesting season (i.e., between February 15 through September 15), and white-tailed kites are nesting in or near the Project site, a construction setback of a 100-foot construction setback from the nest would be required until nesting is complete. The implementation of Project Requirement 4 would ensure that white-tailed kites are not impacted during construction activities. The implementation of Project Requirements 1 and 4 would ensure that the Project implements the requirements specified in the General Plan to protect biological resources.

Mammals. There is one (1) special-status mammal that is documented within the nine (9)- quadrangle area for the Project site. Riparian brush rabbit (Sylvilagus bachmani riparius) is a covered species under the SJMSCP.

Riparian brush rabbit: This species is a state and federal endangered species. The Project site does not contain appropriate habitat for riparian brush rabbit. This species was not observed during the field survey and has not been documented on the Project site. The nearest CNDDB occurrence for this species is located approximately 11.3 miles northwest of the Project site. Regardless, the Project is subject to the SJMSCP which will require obtaining coverage for the Project. This would mean that the SJCOG, under authorization from the USFWS and CNDDB would review the Project and issue incidental take authorization (permits) under the Endangered Species Act Section 10(a), California Fish and Game Code Section 2081, and the MBTA. Full coverage under the SJMSCP is included in Project Requirement 1.

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Fish. There are five (5) special-status fish that are documented within the nine (9)-quadrangle area for the Project site, including: Delta smelt (Hypomesus transpacificus), green sturgeon - southern DPS (Acipenser medirostris pop. 1), longfin smelt (Spirinchus thaleichthys), Sacramento splittail (Pogonichthys macrolepidotus), and Steelhead - Central Valley DPS (Oncorhynchus mykiss irideus pop. 11).

Of the five (5) documented species, there are three (3) federal listed species (threatened) and three (3) state listed species (Species of Special Concern and threatened). Four (4) of the five (5) fish species are covered by the SJMSCP, while the remaining species is not covered (Steelhead - Central Valley DPS).

The Project site does not include appropriate habitat for any of these species. No special-status fish were observed within the Project site during the field survey.

Conclusion
The proposed Project would be required to comply with the City’s General Plan and adopted Federal, State, and local regulations for the protection of special-status plants and animals, including habitat. The City of Stockton General Plan includes numerous policies and actions intended to protect special-status plants and animals, including habitat, from adverse effects associated with future development and improvement projects. Additionally, the Project would be subject to the requirements set forth by the SJMSCP. Implementation of the General Plan policies and actions, local plans and regulations, as well as Federal and State regulations, would ensure that the Project impacts remain less than significant would not result in any new significant effects or increase the severity of previously identified environmental effects related to these species as compared with the General Plan EIR.

Project Requirement(s)
Project Requirement 1: Prior to commencement of any grading activities, the Project proponent shall seek coverage under the San Joaquin County Multi-Species Habitat Conservation Plan (SJMSCP) to mitigate for habitat impacts to covered special status species. Coverage involves compensation for habitat impacts on covered species through implementation of incidental take and minimization measures (ITMMs) and payment of fees for conversion of lands that may provide habitat for covered special status species. These fees are used to preserve and/or create habitat in preserves to be managed in perpetuity. Obtaining coverage for a Project includes incidental take authorization (permits) under the Endangered Species Act Section 10(a), California Fish and Game Code Section 2081, and the Migratory Bird Treaty Act (MBTA). Coverage under the SJMSCP would fully mitigate all habitat impacts on covered special-status species.

Project Requirement 2: Prior to the commencement of grading activities or other ground disturbing activities on the Project site, the Project applicant shall arrange for a qualified biologist to conduct a preconstruction survey for Swainson’s hawks. If no hawks or hawk nests are detected, then construction activities may commence. If Swainson’s hawks or occupied nests are discovered, then the following shall be implemented:

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• During the nesting season (February 15 through August 31) and Swainson’s hawks are nesting in or near the Project site, a construction setback of 250 feet of the nest tree (as measured from under the nest) would be required until nesting is complete.

This requirement is consistent with the incidental take and minimization measures (ITMMs) outlined in the SJMSCP. Implementation of this requirement shall occur prior to grading or site clearing activities. SJCOG shall be responsible for monitoring and a qualified biologist shall conduct surveys as required.

Project Requirement 3: Prior to the commencement of grading activities or other ground disturbing activities on the Project site, the Project applicant shall arrange for a qualified biologist to conduct a preconstruction survey for burrowing owls. If no owls or owl nests are detected, then construction activities may commence. If burrowing owls or occupied nests are discovered, then the following shall be implemented:
• During the nesting season (February 1 and August 31) and burrowing owls are present onsite, a 250-foot construction setback from the natal burrow would be required until nesting is complete.
• Outside the nesting season (September 1 and January 31) burrowing owls occupying the Project site should be evicted from the Project site by passive relocation as described in the California Department of Fish and Game’s Staff Report on Burrowing Owls (Oct., 1995) These requirements are consistent with the incidental take and minimization measures (ITMMs) outlined in the SJMSCP. Implementation of this requirement shall occur prior to grading or site clearing activities. SJCOG shall be responsible for monitoring and a qualified biologist shall conduct surveys and relocate owls as required.

Project Requirement 4: Prior to the commencement of grading activities or other ground disturbing activities on the Project site, the Project applicant shall arrange for a qualified biologist to conduct a preconstruction survey for white-tailed kites. If no kites or kite nests are detected, then construction activities may commence. If white-tailed kite or occupied nests are discovered, then the following shall be implemented:
• During the nesting season (February 15 through September 15) occupied nests shall not be disturbed and shall be provided with a 100-foot construction setback 100-foot construction setback from the nest would be required until nesting is complete.

This requirement is consistent with the incidental take and minimization measures (ITMMs) outlined in the SJMSCP. Implementation of this requirement shall occur prior to grading or site clearing activities. SJCOG shall be responsible for monitoring and a qualified biologist shall conduct surveys as required.

Response b): The CNDDB record search revealed documented occurrences of four sensitive habitats within the nine-quadrangle area for the Project site: Coastal and Valley Freshwater Marsh, Great Valley Valley Oak Riparian Forest, Northern Hardpan Vernal Pool, and Valley Oak

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Woodland. Based on the field surveys conducted by De Novo, these sensitive natural communities do not occur within the Project site. Additionally, the Project site does not contain riparian habitat. Therefore, the Project would not result in any new significant effects or increase the severity of previously identified environmental effects related to riparian habitat or other sensitive natural community as compared with the General Plan EIR.

Response c): A wetland is an area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. State and federal agencies regulate these habitats and Section 404 of the Clean Water Act requires that a permit be secured prior to the discharge of dredged or fill materials into any waters of the U.S., including wetlands. Some jurisdictional waters of the U.S. also fall under the jurisdiction of CDFW and/or the California Regional Water Quality Control Board (RWQCB).

Wetlands are defined by regulatory agencies as having special vegetation, soil, and hydrology characteristics. Hydrology, or water inundation, is a catalyst for the formation of wetlands.

Frequent inundation and low oxygen causes chemical changes to the soil properties resulting in what is known as hydric soils. The prevalent vegetation in wetland communities consists of hydrophytic plants, which are adapted to areas that are frequently inundated with water.

Hydrophytic plant species can grow, effectively compete, reproduce, and persist in low oxygen soil conditions.

No wetlands or waters of the U.S. or waters of the State have been delineated on the Project site.

The irrigation ditches are manmade agricultural irrigation facilities that are not jurisdictional.

Water flows are controlled by the irrigation district that owns the facilities. There are no other aquatic features. Therefore, implementation of the proposed Project would have no impact on wetlands and jurisdictional waters, and is within the range of impacts analyzed in the General Plan EIR for wetlands.

Response d): Impacts related to wildlife corridors and movement of wildlife as a result of General Plan implementation were determined to be less than significant. The General Plan EIR concluded that waterway like Bear Creek could be used as movement corridors by aquatic animals, but General Plan Action SAF-2.4.C and compliance with the federal and state law and regulations would ensure that the impacts remain less-than-significant. (General Plan EIR, p. 4.4-

27.) The CNDDB record search did not reveal any documented wildlife corridors or wildlife nursery sites on or adjacent to the Project site. The Project site is located within a mostly developed area that includes roads, existing residential developments. Thus, with compliance with the General Plan policies and actions and the federal and state regulations, the residential development of the proposed Project is not anticipated to interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or wildlife nursery sites. Therefore, development of the Project would not result in any new significant effects or increase the severity of previously identified environmental effects as compared with the General Plan EIR.

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Response e): The Stockton Municipal Code, Title 16 Development Code protects Heritage Oak Trees through permit requirements. Section 16.130.020 provides the Director with Review Authority for permits to remove heritage trees. The decision of the Director is subject to an appeal to the Council in compliance with Chapter 16.100 (Appeals). (Ord. 015-09 C.S., eff. 12-3-09).

Section 16.130.030 provides the permit requirements, and describes the process for approval or denial of a permit application. Section 16.130.040 establishes fines for violation of this requirement. Section 16.130.050 provides exemptions under emergencies. Section 16.130.060 establishes the replacement requirements.

There are various trees located on the site, mainly along the site border and along agricultural ditches.

Heritage Tree Permit
The City evaluates Heritage Tree impacts pursuant to existing regulations in Chapter 16.130, Heritage Tree Permit, of the City of Stockton Municipal Code. Any removal of Heritage oak trees will require a permit under the specific provisions of Chapter 16.130, Heritage Tree Permit, of the City of Stockton Municipal Code. If removal of the Heritage Trees is required, replacement tree plantings will be required, as specified in the Municipal Code. This is presented as Project Requirement 5 from SJMSCP below. Consistency with the existing ordinance protecting Heritage Trees, as well as the Project Requirements, will ensure that the proposed Project would have a less than significant impact relative to this topic, and development of the Project would not result in any new significant effects or increase the severity of previously identified environmental effects as compared with the General Plan EIR.

Project Requirement(s)
Project Requirement 5: If removal of any oak tree on the Project site is required, a certified arborist shall survey the oak trees proposed for removal to determine if they are Heritage Trees as defined in Stockton Municipal Code Chapter 16.130. The arborist report with its findings shall be submitted to the City’s Community Development Department. If Heritage Trees are determined to exist on the property, removal of any such tree shall require a permit to be issued by the City in accordance with Stockton Municipal Code Chapter 16.130. The permittee shall comply with all permit conditions, including tree replacement at specified ratios.

Responses f): The Project site is located within the boundaries of the San Joaquin County MultiSpecies Habitat Conservation and Open Space Plan (“Plan” or “SJMSCP”) and is located within the Central Zone of the SJMSCP. The San Joaquin Council of Governments (SJCOG) prepared the Plan pursuant to a Memorandum of Understanding adopted by SJCOG, San Joaquin County, the United States Fish and Wildlife Service (USFWS), the CDFW, Caltrans, and the cities of Escalon, Lathrop, Lodi, Manteca, Ripon, Stockton, and Tracy in October 1994. On February 27, 2001, the Plan was unanimously adopted in its entirety by SJCOG and approved by the USFWS.

According to Chapter 1 of the SJMSCP, its key purpose is to “provide a strategy for balancing the need to conserve open space and the need to convert open space to non-open space uses, while protecting the region's agricultural economy; preserving landowner property rights; providing

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for the long-term management of plant, fish and wildlife species, especially those that are currently listed, or may be listed in the future, under the Federal Endangered Species Act (ESA) or the California Endangered Species Act (CESA); providing and maintaining multiple use Open Spaces which contribute to the quality of life of the residents of San Joaquin County; and, accommodating a growing population while minimizing costs to project proponents and society at large.”
In addition to providing compensation for conversion of open space to non-open space uses, which affect plant and animal species covered by the SJMSCP, the SJMSCP also provides some compensation to offset impacts of open space conversions on non-wildlife related resources such as recreation, agriculture, scenic values, and other beneficial open space uses. Specifically, the SJMSCP compensates for conversions of open space to urban development and the expansion of existing urban boundaries, among other activities, for public and private activities throughout the County and within Escalon, Lathrop, Lodi, Manteca, Ripon, Stockton, and Tracy.

Participation in the SJMSCP is voluntary for both local jurisdictions and project applicants. Only agencies adopting the SJMSCP would be covered by the SJMSCP. As noted in the General Plan EIR, the City of Stockton is a plan participant, for the SJMSCP and the proposed General Plan Land Use Action LU-5.2.A directs the City to continue to coordinate with SJCOG and comply with the terms of the SJMSCP. (General Plan, p. 4.4-28.)
Individual project applicants have two options if their project is in a jurisdiction participating in the SJMSCP: mitigating under the SJMSCP or negotiating directly with the state and/or federal permitting agencies. If a project applicant opts for SJMSCP coverage in a jurisdiction that is participating under the SJMSCP, the following options are available, unless their activities are otherwise exempted: pay the appropriate fee; dedicate, as conservation easements or fee title, habitat lands; purchase approved mitigation bank credits; or, propose an alternative mitigation plan.

Responsibilities of permittees covered by the SJMSCP include collection of fees, maintenance of implementing ordinances/resolutions, conditioning permits (if applicable), and coordinating with the Joint Powers Authority (JPA) for Annual Report accounting. Funds collected for the SJMSCP are to be used for the following: acquiring Preserve lands, enhancing Preserve lands, monitoring, and management of Preserve lands in perpetuity, and the administration of the SJMSCP. Because the primary goal of SJMSCP is to preserve productive agricultural use that is compatible with SJMSCP’s biological goals, most of the SJMSCP’s Preserve lands would be acquired through the purchase of easements in which landowners retain ownership of the land and continue to farm the land. These functions are managed by SJCOG.

The proposed Project is classified as Urban under the SJMSCP. The proposed Project was analyzed for consistency with the SJMSCP by Principal Biologist Steve McMurtry, De Novo Planning Group, and it was determined that the proposed Project would not conflict with the SJMSCP. The City of Stockton and the Project applicant shall consult with SJCOG to utilize coverage of the Project pursuant to the SJMSCP prior to development of the Project site, as

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provided under Project Requirement 1. The implementation of Project Requirement 1 would 3ensure that the Project implements the requirements specified in the General Plan to protect biological resources. Thus, with implementation of proposed General Plan actions and SJMSHCP and the federal, state and local regulations requiring the survey and mitigation processes for development, if needed, the Project would not result in any new significant effects or increase the severity of previously identified environmental effects as compared with the General Plan EIR. 33 According to the SJMSCP Land Use Map, available here: https://casjcog2.civicplus.com/DocumentCenter/View/10/Land-Use-Map-pdf

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V. CULTURAL RESOURCES
Significant
Impact
Peculiar to
the Project or
the Project
Site
Significant
Impact due to
New
Information
Impact
Adequately
Addressed in
the General
Plan EIR
Impact not
Previously
Addressed in
General Plan
EIR
a) Cause a substantial adverse change in the
significance of a historical resource pursuant to
'15064.5?
X
b) Cause a substantial adverse change in the
significance of an archaeological resource pursuant
to '15064.5?
X
c) Disturb any human remains, including those
interred outside of formal cemeteries? X
Project Impacts:

A Cultural Resource Assessment Summary (Peak & Associates, Inc. 2025) has been prepared for the proposed Project (Appendix C), which was prepared based on a records search, check of the Native American Heritage Commission Sacred Lands files, and a field survey of the Project Site by a qualified archeologist. The following discussion is based on the Cultural Resource Assessment Summary.

Research
Five resources have been reported in the Project area. One of the sites listed in the Project area is the bridge over Bear Creek on the railroad line, technically outside the Project area (P3900363). Another site records the levees along Bear Creek (P-39-004875).

P-39-004642 is an irrigation system with ten features.

P-039-004641 (CA-SJO-315/H) has many artifacts representing the prehistoric, protohistoric and historic periods, with surface artifacts covering some 12,000 square meters.

P-39-000005 (CA-39-253) contains bone and chipped stone, and the recorder thought the site might be a small village site. The metate is thought to be pulled out of a deeply buried cultural sediment. The site recorder emphasized that the site boundaries could not be determined due to dense crops, and the site is highly disturbed.

Additionally, six resources have been found in the 0.25-mile buffer search radius for the Project.

There are six reports for studies within the Project site, and sixteen other studies in the 0.25-mile search radius. Covering the Development Area are studies by Napton in 1990 (SJ 805); Hinshaw in 1993 (SJ 2016); (SJ 06843 Busby in 1996 (SJ 6507); Jurich, Martinez and Smith (SJ 6541); and ESA in 2007). Full citations for the reports are included in the Report List in Appendix 2 of Appendix C.

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Project Soils
The Project area contains a mix of two soil types: about 90 percent Jacktone clay and 10 percent Stockton clay. The Stockton clay is located along Bear Creek and to the south on the west end of the Project.

The Jacktone clay extends from ground level to 20 to 40 inches as a dark clay, ending on a duripan.

Below the duripan is a stratified sandy loam to clay loam, cemented at about 60 inches. Composed of mixed alluvium. This deposit dates to the Early to Middle Holocene, and is rated “high” for buried site potential (Appendix D of Appendix C).

The Stockton clay, is 0 to 40 inches clay, with 40 to 60 inches clay loam. This deposit is also cemented at about 60 inches. It is composed of mixed alluvium dating to the Middle to Late Holocene and is rated “very high” for buried site potential (Appendix D of Appendix C).

In conclusion, the Project has a high likelihood of containing prehistoric period resources, in particular, below a depth of 5 feet.

Field Assessment
A field survey of the Project site was conducted in April 2022. See Appendix C for additional information regarding the field survey of the Project Site. Only portions of the Project area could be covered due to the dense growth of alfalfa on some pieces, and inundation of stormwater of other portions of the site. This survey was focused on finding the previously recorded sites.

Prehistoric period artifacts were found in three locations during the survey, one near the north end of the Project area and several in roughly the same area as the recorded location of P-39- 00005. A few scattered historic period items were found, consisting of fragments of milk glass, aqua glass with bubbles, amber glass, porcelain, and brick fragments in the location of P-39- 004641. Along with several prehistoric flakes.

The failure to re-locate the recorded sites as described in the site records may be due to crop rotation, error in the original site recordation, or plowing within the development area.

Prior Environmental Analysis:

The General Plan EIR analyzed the anticipated impacts that would occur to historical, cultural, and paleontological resources within the Planning area because of the future urban development that was contemplated by the General Plan. These impacts included potential destruction or damage to any historical, cultural, and paleontological resources (City of Stockton General Plan Draft EIR, 2018, pages 4.5-16 through 4.5-20). However, the General Plan contains goals, policies, and actions for the preservation and treatment of archaeological, historical, cultural, and paleontological resources. In particular, prior to development, as part of the permitting process, Action LU-5.2.D requires identification and protection of archaeological resources, including through a treatment plan in accordance with the Secretary of the Interior’s Standards for Treatment of Archaeological Sites where avoidance is not feasible. In addition, as described in Section 4.5.1.1, the Stockton Municipal Code requires appropriate evaluation of unanticipated

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archaeological deposits discovered during ground-disturbance. The General Plan action described above, combined with the Stockton Municipal Code requirements, would protect historical archaeological deposits in the EIR planning area by providing for the early detection of potential conflicts between development and resource protection, and by preventing or minimizing the material impairment of the ability of archaeological deposits to convey their significance through excavation or preservation. Implementation of the proposed action identified above, as well as compliance with federal, State, and local laws and regulations, would reduce potential impacts to historical archaeological deposits to a less-than-significant level.

Responses to Checklist Questions
Response a), b), c): As noted previously, Resource P-039-004641 (CA-SJO-315/H) has many artifacts representing the prehistoric, protohistoric and historic periods, with surface artifacts covering some 12,000 square meters. According to the Cultural Resource Assessment Summary prepared for the proposed Project (Appendix C), the historic evidence at P-004641 needs to be evaluated under the criteria of the California Register of Historical Resources for its information potential. In-depth historical research needs to be undertaken to identify landowners and the use of the site through time. It appears to be the remains of a farm or ranch. An excavation should then be conducted of the site, and a formal evaluation made of the significance of the resources.

These recommendations are included as part of Project Requirement 6, which incorporates the requirements of the General Plan Action LU-5.2.D and Project Requirements 8 related to discovery of undocumented archeological resources as per the requirements of Section 16.36.050 of the City’s Municipal Code.

There are no known human remains located on the Project site. The Stockton General Plan includes policies and actions that would reduce impacts to cultural, historic, and archaeological resources, as well as policies and actions for the conservation of cultural, historic, and archaeological resources. The proposed Project would be subject to all relevant General Plan policies and actions and the Stockton Municipal Code requirements that provide protections for cultural, historical, and tribal resources. The General Plan policies and actions along with the Code requirements provide a framework for ensuring that effects on significant unknown historic, archaeological, and tribal cultural resources are reduced to the extent feasible. The Project would be subject to all General Plan policies and actions and the Code requirements and is consistent with the development types anticipated under the General Plan and General Plan EIR. Furthermore, in accordance with the City of Stockton General Plan, a cultural resources constraints analysis was prepared for the Project, which included recommendations to be incorporated into the construction of the proposed Project. These recommendations have been incorporated into the following Project requirements. Implementation of the following Project requirements would ensure the potential impacts are less than significant.

Project Requirement(s)
Project Requirement 6: Consistent with 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

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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 from the Northern Valley Yokuts.

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. 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.

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. As per the requirements of the General Plan Action LU-5.2.F, prior to the beginning of construction work, the developer shall contact an appropriate Tribal representative from the Northern Valley Yokuts to train construction workers on appropriate avoidance and minimization measures, requirements for confidentiality and culturally appropriate treatment, other applicable regulations, and consequences of violating State laws and regulations. If artifacts, exotic rock, shell, or bone are uncovered during the construction, work in that area shall stop immediately and a qualified archeologist and the Tribal representative from the Northern Valley Yokuts 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 by a qualified archaeologist and a Tribal monitor from the Northern Valley Yokuts 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.

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

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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.”

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VI. ENERGY
Significant Impact Peculiar to the Project or the Project Site
Significant
Impact
Peculiar to
the Project or
the Project
Site
Significant
Impact due to
New
Information
Impact
Adequately
Addressed in
the General
Plan EIR
Impact not
Previously
Addressed in
General Plan
EIR
a) Result in potentially significant environmental
impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?
X
b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency? X
Project Impacts:

As discussed below, energy would be used during both the construction phase and during the operational phase of the proposed Project. Energy usage during the construction phase would originate from mobile and stationary construction equipment. Construction-related energy usage can vary substantially depending on the level of activity, length of the construction period, specific construction operations, and types of equipment. Operational energy usage would be generated by electricity use for the onsite facilities and landscaping at the Project site. As described under the Response to Checklist Questions below, energy usage during both the construction and operational phases of the proposed Project would not represent a wasteful, inefficient, or unnecessary consumption of energy resources, and would not conflict with or obstruct any state or local plan for renewable energy or energy efficiency.

Prior Environmental Analysis:

The General Plan (EIR) evaluated energy impacts in the Utilities chapter in the Energy Conservation section. The General Plan EIR included a host of other adopted regulations that require energy efficiency standards, including:
• Assembly Bill (AB) 1493: Pavley Fuel Efficiency Standards • Title 20 California Code of Regulations (CCR): Appliance Energy Efficiency Standards • Title 24, Part 6, CCR: Building Energy Efficiency Standards • Title 24, Part 11, CCR: Green Building Standards Code Consistency with these standards, as well as other applicable city regulations, would ensure energy efficiency to the greatest extent feasible.

Additionally, the General Plan EIR included an analysis of the electricity supplies, natural gas supplies, and energy facilities that would be required for the implementation of the General Plan.

The General Plan EIR found that there are sufficient electricity and natural gas supplies to serve development allowed under the General Plan. In addition, the General Plan includes the following policies and actions that avoid and reduce inefficient, wasteful, and unnecessary energy consumption:

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• Policy LU-5.4: Require water and energy conservation and efficiency in both new construction and retrofits.
• Action LU-5.4.B: Require all new development, including major rehabilitation, renovation, and redevelopment, to incorporate feasible and appropriate energy conservation and green building practices, such as building orientation and shading, landscaping, and the use of active and passive solar heating and water systems. • Action SAF-4.1.A: Require the construction and operation of new development to implement best practices that reduce air pollutant emissions, including through installation of Energy Star-certified appliances.
• Action CH-3.3.C: Continue to work with commtrbia l unity-based organizations that employ local Stockton youth to perform energy efficiency, alternative energy, and water conservation assessments and installations in local homes and businesses.

Furthermore, as discussed in Section 4.7 of the General Plan EIR, Air Quality, the proposed General Plan includes goals, policies, and actions that promote energy efficiency from the transportation sector. Specifically, policies and actions under Goals TR-1 and TR-2 encompass multi-modal and active transit improvements, including requiring new development to incorporate design features that would provide easier access to transit (Action TR-2.2.A), dedication of adequate bicycle and transit right-of-way on arterial and collector streets (Action TR-2.3.B), and developing guidelines for installation of electric vehicle charging stations for new developments (Action TR-3.2.B). Additionally, Policies LU-1.1 and LU-6 would support infill and mixed-use development, which would increase use of alternative transit options (i.e., walking, biking, and public transit) and decrease vehicle trips and the average trip distances traveled.

Furthermore, Policy SAF-4.2 and Action SAF-4.2.A encourages new employers to participate in a transportation demand management program.

Although new and/or expanded transmission and distribution lines and pipelines may be required to serve development allowed by the proposed General Plan, the General Plan EIR found that the estimated timing or location of such required facilities or the exact nature of these facilities are not known, so future project-specific environmental impacts that would occur from their construction and operation cannot be determined at the time of the General Plan EIR.

However, the General Plan EIR identified that such impacts would be specifically associated with physical development projects, and would therefore require permitting and review in accordance with CEQA, which would ensure that any environmental impacts are disclosed and mitigated to the extent possible. Therefore, the impact is less than significant.

Responses to Checklist Questions
Responses a-b): Appendix G of the State CEQA Guidelines requires consideration of the potentially significant energy implications of a Project. CEQA requires mitigation measures to reduce “wasteful, inefficient and unnecessary” energy usage (Public Resources Code Section 21100, subdivision [b][3]). According to Appendix G of the CEQA Guidelines, the means to achieve the goal of conserving energy include decreasing overall energy consumption, decreasing reliance on natural gas and oil, and increasing reliance on renewable energy sources. In

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particular, the proposed Project would be considered “wasteful, inefficient, and unnecessary” if it were to violate state and federal energy standards and/or result in significant adverse impacts related to project energy requirements, energy inefficiencies, energy intensiveness of materials, cause significant impacts on local and regional energy supplies or generate requirements for additional capacity, fail to comply with existing energy standards, otherwise result in significant adverse impacts on energy resources, or conflict or create an inconsistency with applicable plan, policy, or regulation.

The proposed Project includes various characteristics that reduce the inefficient, wasteful, or unnecessary use of energy and reduce energy emissions. For example, the Project would comply with State requirements such as the energy efficiency requirements of the latest version of the California Title 24 Energy Efficiency Standards. The Project is also anticipated to produce on-site solar photovoltaic (PV) for on-site use, also consistent with the latest version of the California Title 24 Energy Efficiency Standards.

Moreover, it should be noted that, over time, electrification of the vehicles will increase due to state requirements, and state and national trends. Electric charging infrastructure would be installed on the property to facilitate the conversion of the truck fleet to zero-emission electric trucks as they become available in the market and used for truck deliveries to and from the facility.

The amount of energy used at the Project site would directly correlate to the energy consumption (including fuel) used by vehicle trips generated during Project construction, fuel used by off-road construction vehicles during construction, fuel used by vehicles during Project operation, and electricity and natural gas usage during Project operation. The following discussion provides a detailed calculation of energy usage expected for the proposed Project, as provided by applicable modelling software (i.e. CalEEMod v2022.1) and the CARB EMFAC2021). Additional assumptions and calculations are provided within Appendix A of this EIR.

ELECTRICITY AND NATURAL GAS
Operation. Electricity and natural gas used by the proposed Project during operation would be used primarily to generate energy for Project buildings, as well as for outdoor parking lot lighting.

As shown in further detail in the CalEEMod modeling outputs provided in Appendix A, “Energy” is one of the categories that was modeled for GHG emissions. As also shown in the CalEEMod modeling outputs as provided in Appendix A, the proposed Project is anticipated to consume approximately 19,106,115 kWh of electricity per year and approximately 65,190,747 kBTU per of natural gas per year.

The proposed Project’s buildings would be designed and constructed in accordance with the City’s latest adopted energy efficiency standards, which are based on the State’s Title 24 Energy Efficiency Standards for Residential Buildings and Green Building Code Standards. These standards include minimum energy efficiency requirements related to building envelope, mechanical systems (e.g., heating, ventilation, and air conditioning [HVAC] and water heating systems), and indoor and outdoor lighting, are widely regarded as the some of the most advanced

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and stringent building energy efficiency standards in the country. In addition, the on-site solar PV system would meet the State legal requirements. As such, the design of the proposed project would facilitate the future commitment to renewable energy resources. Therefore, building energy consumption would not be considered wasteful, inefficient, or unnecessary.

Additionally, the proposed Project is anticipated to implement renewable energy features. In particular, the proposed Project would be required to implement on-site solar, consistent with the most recent (2022) Title 24 standards. The 2022 Title 24 standards require single-family homes and low-rise multi-family projects to install solar photovoltaic (PV) systems and be “battery-ready”, by installing either a subpanel or a split-bus main panel with four backed-up circuits.4 This is a requirement as part of the 2022 Title 24 standards. However, it should be noted that additional on-site solar PV could be installed, especially in the case that stricter Title 24 standards come into effect prior to portions of Project development.

Separately, the 2022 Title 24 standard requires that the number of electric vehicle (EV) charging spaces depends on the building type and total number of parking spaces on-site. Similarly, such requirements would be anticipated to further reduce energy consumption beyond what is modeled herein.

Construction. Temporary electric power for as-necessary lighting and electronic equipment, such as computers inside temporary construction trailers, and water for dust control would be provided by PG&E. The electricity used for such activities would be temporary, would be substantially less than that required for Project operation, and would therefore have a negligible contribution to the Project’s overall energy consumption. Natural gas is not anticipated to be required during construction of the Project. Fuels used for construction would primarily consist of diesel and gasoline, which are discussed below under the “on-road and off-road vehicles” subsections. Any minor amounts of natural gas that may be consumed as a result of Project construction would be substantially less than that required for Project operation and would have a negligible contribution to the Project’s overall energy consumption.

ON-ROAD VEHICLES (OPERATION)
The proposed Project would generate vehicle trips (i.e., passenger vehicles for employees and heavy-duty trucks for hauling) during its operational phase. Compliance with applicable State laws and regulations would limit idling and a part of a comprehensive regulatory framework that is implemented by the CARB. A description of Project operational on-road mobile energy usage is provided below.

According to the Traffic Study prepared for the proposed Project (Barrios Transportation Consulting, 2024), the proposed Project would increase total vehicle trips by approximately 17,633 new daily trips. In order to calculate operational on-road vehicle energy usage, De Novo Planning Group used fleet mix data from the CalEEMod (v.2022.1) output for the proposed Project, and Year 2040 gasoline and diesel MPG (miles per gallon) factors for individual vehicle 4 See: https://calsolarinc.com/news/title-24-california/

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classes as provided by EMFAC2021, to derive weighted average gasoline and diesel MPG factors for the vehicle fleet as a whole. Based on these calculations, as provided in Appendix A, upon full buildout, the proposed Project would generate operational vehicle trips that would use a total of approximately 4,326 gallons of gasoline and 10,774 gallons of diesel per day, or 1,579,036 gallons of gasoline and 3,932,473 gallons of diesel per year. Additionally, the Project would generate operational vehicle trips that require electricity for electric vehicles, which is dependent on the amount of electric vehicles within the vehicle fleet at the time of Project operation.

Over the lifetime of the Project, the fuel efficiency of the vehicles being used by the Project is expected to increase. As such, the amount of petroleum consumed as a result of vehicular trips to and from the Project site during operation would decrease over time. Numerous regulations are in place that require and encourage increased fuel efficiency. For example, CARB has adopted a new approach to passenger vehicles by combining the control of smog-causing pollutants and GHG emissions into a single coordinated package of standards. The new approach also includes efforts to support and accelerate the numbers of plug-in hybrids and ZEVs in California. The Project would be required to comply with CARB’s Airborne Toxics Control Measure, which restricts heavy-duty diesel vehicle idling time to 5 minutes, which would minimize fuel consumption. Operation of the Project is expected to use decreasing amounts of petroleum over time due to advances in fuel economy. The Project would provide a bike-friendly, pedestrianfriendly development and facilitate ride-sharing and carpooling to reduce VMT.

In summary, although Project implementation would result in an increase in petroleum use during construction and operation, over time vehicles would use less petroleum due to advances in fuel economy. Given these considerations, petroleum consumption associated with the Project would not be considered inefficient or wasteful, and impacts would be less than significant.

ON-ROAD VEHICLES (CONSTRUCTION)
The proposed Project would also generate on-road vehicle trips during Project construction (from construction workers and vendors travelling to and from the Project site). De Novo Planning Group estimated the vehicle fuel consumed during these trips based on the assumed construction schedule, vehicle trip lengths and number of workers per construction phase as provided by CalEEMod, and Year 2027 gasoline and diesel MPG factors provided by EMFAC2021 (year 2027 factors were used to represent a conservative analysis, as the energy efficiency of construction activities is anticipated to improve over time). For the sake of simplicity and to be conservative, it was assumed that all construction worker light duty passenger cars and truck trips use gasoline as a fuel source, and all medium and heavy-duty vendor trucks use diesel fuel.

Table ENERGY-1, below, describes gasoline and diesel fuel consumed during each construction phase (in aggregate). As shown, the vast majority of on-road mobile vehicle fuel used during the construction of the proposed Project would occur during the building construction phase. See Appendix A of this CEQA document for a detailed accounting of construction on-road vehicle fuel usage estimates.

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Table ENERGY-1: On-road Mobile Fuel Usage by Project Construction Activities – By Phase

CONSTRUCTION PHASE TOTAL GALLONS OF GASOLINE FUEL(B) TOTAL GALLONS OF DIESEL FUEL(B) Site Preparation 2,271 0
Grading 4,332 0
Building Construction 42,989 31,243
Paving 1,830 0
Architectural Coatings 171,528 0
Total 222,950 31,243
NOTE: (A) PROVIDED BY CALEEMOD OUTPUT. (B)SEE APPENDIX A OF THIS EIR FOR FURTHER DETAIL SOURCE: CALEEMOD (V.2022.1); EMFAC2021.

OFF-ROAD EQUIPMENT (CONSTRUCTION)
Off-road construction equipment would use diesel fuel during the construction phase of the proposed Project. A non-exhaustive list of off-road constructive equipment expected to be used during the construction phase of the proposed Project includes: forklifts, generator sets, tractors, excavators, and dozers. Based on the total amount of CO2 emissions expected to be generated by the proposed Project (as provided by the CalEEMod output), and standard conversion factors (as provided by the U.S. Energy Information Administration), the proposed Project would use a total of approximately 223,812 gallons of diesel fuel for off-road construction equipment. Detailed calculations are provided in Appendix A of this EIR.

State laws and regulations would limit idling from both on-road and off-road diesel-powered equipment and are part of a comprehensive regulatory framework that is implemented by the CARB. Additionally, as a practical matter, it is reasonable to assume that the overall construction schedule and process would be designed to be as efficient as feasible in order to avoid excess monetary costs. For example, equipment and fuel are not typically used wastefully due to the added expense associated with renting the equipment, maintaining it, and fueling it. Therefore, the opportunities for further future efficiency gains during construction are limited. For the foregoing reasons, it is anticipated that the construction phase of the project would not result in wasteful, inefficient, and unnecessary consumption of energy.

CONCLUSION
The proposed Project would use energy resources for the operation of Project buildings (natural gas and electricity), outdoor lighting (electricity), on-road vehicle trips (e.g. gasoline and diesel fuel) generated by the proposed Project, and off-road and on-road construction activities associated with the proposed Project (e.g. diesel fuel). Each of these activities would require the use of energy resources. The proposed Project would be responsible for conserving energy, including through the Project Requirements provided throughout this EIR, as well as through the implementation of statewide and local measures. The proposed Project would be responsible for conserving energy by complying with existing rules and regulations and General Plan goals and policies.

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The proposed Project would comply with all existing energy standards, including those established by the City of Stockton and San Joaquin County. For example, buildings developed as part of the proposed Project would be required to comply with the latest version of the California Building Energy Efficiency Standards (Title 24), which require a high degree of energy efficiency for new buildings. The latest version of Title 24 also includes a requirement that approximately 30% of the electricity for the Project’s single-family residences would be supported by on-site rooftop solar PV. Furthermore, the latest version of the Title 24 Building Energy Efficiency Standards also requires energy efficient appliances for new developments (such as the proposed Project). Additionally, the Project would be required to comply with other statewide measures, including those intended to improve the energy efficiency of the statewide passenger and heavyduty truck vehicle fleet (e.g., the Pavley Bill and the Low Carbon Fuel Standard), which improve vehicle fuel economies, thereby conserving gasoline and diesel fuel for any trips that would be generated by the Project. These energy savings would continue to accrue over time.

It is also noted that 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. In addition to the proposed wellness walks, multi-use pathways, and separated sidewalks, West Land and Morada Lane will be improved along the Project frontages to include sidewalks and bike lanes to further encourage walking and bicycling. By encouraging walking and biking with these provided improvements, the Project promotes multi-modal transportation in order to minimize energy use related to vehicle trips.

The amount of energy used by the proposed Project during operation would include the amount of energy used by the Project building and outdoor lighting, the fuel used by vehicle trips generated during operation, and fuel used by Project maintenance activities during Project operation. Additionally, as shown above, for construction, the proposed Project would not require energy consumption that would be out of the ordinary for a Project of its size and type.

Overall, the proposed Project would not violate any state or federal energy standards and/or result in significant adverse impacts related to Project energy requirements, energy efficiencies, energy intensiveness of materials, cause significant impacts on local and regional energy supplies or generate requirements for additional capacity, fail to comply with existing energy standards, otherwise result in significant adverse impacts on energy resources, or conflict or create an inconsistency with applicable plan, policy, or regulation.

The General Plan policies and actions provide a framework for ensuring that effects on energy resources and usage are reduced to the extent feasible. The Project would be subject all General Plan Requirements, and is consistent with the development types anticipated under the General Plan and General Plan EIR (See General Plan Draft EIR, pp. 4.15-33). As such, with compliance with the General Plan policies and actions, the Project would not result in new or substantially more severe impacts than identified in the General Plan EIR.

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VII. GEOLOGY AND SOILS
Significant
Impact
Peculiar to
the Project or
the Project
Site
Significant
Impact due to
New
Information
Impact
Adequately
Addressed in
the General
Plan EIR
Impact not
Previously
Addressed in
General Plan
EIR
a) Expose people or structures to potential
substantial adverse effects, including the risk of loss, injury, or death involving:

X
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.

X
ii) Strong seismic ground shaking? X
iii) Seismic-related ground failure, including
liquefaction? X
iv) Landslides? X
b) Result in substantial soil erosion or the loss of
topsoil? X
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a result
of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction
or collapse?
X
d) Be located on expansive soil, as defined in Table
18-1-B of the Uniform Building Code (1994),
creating substantial risks to life or property?
X
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative waste water
disposal systems where sewers are not available for
the disposal of waste water?
X
f) Directly or indirectly destroy a unique
paleontological resource or site or unique geologic
feature?
X
Project Impacts:

The proposed Project includes the development of 2,241 single-family residences in a seismically active region. The Project site is not located within a currently designated Alquist-Priolo Earthquake Fault Zone and no known surface expressions of active faults are believed to exist within the Project site. The U.S. Geological Survey identifies the potential seismic source within 30 miles of the Project site. Three of the closest known faults classified as active by the California Geological Survey include the Vernalis Fault east of the Tracy, the San Joaquin Fault southeast of

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Tracy, and the Great Valley Thrust Fault System south of Tracy. Other faults that could potentially affect the proposed Project include the Midway Fault, the Midland Fault, the Black Butte Fault, Corral Hollow-Carnegie Fault, the Greenville Fault, and the Foothills Fault System.

Construction of the proposed Project will involve clearing and grading of the Project site, which could render the Project site susceptible to a temporary increase in erosion from the grading and construction activities. Grading and building design must be designed and constructed in accordance with the California Building Code.

Prior Environmental Analysis:

The General Plan EIR analyzed the potential impacts due to local soils and geologic conditions that would occur because of the future urban development, such as residential development of the Project site, that was contemplated by the General Plan. These impacts included seismic hazards such as groundshaking and liquefaction, erosion, soil stability, and wastewater conflicts (City of Stockton General Plan Update Draft EIR, 2018, pages 4.6-12 through 4.6-15). The analysis found that while development and buildout of the General Plan can result in geological impacts, these impacts would be reduced to a less than significant level through the application of development standards contained in the Stockton Municipal Code, the application of General Plan goals and policies that would assist in minimizing or avoiding geologic hazards and compliance with local, state, and federal standards related to geologic conditions.

These goals, policies and standards include, but are not limited to, erosion control measures, the City’s Grading and Erosion Control Ordinance, the City’s Stormwater Management and Discharge Control Ordinance, and goals and policies in the General Plan Safety Element requiring soils and geotechnical reports for new development, enforcement of the building code, and limiting development of severe slopes.

The General Plan EIR determined that impacts due to geologic and seismic conditions were less than significant (pages 4.6-12 through 4.6-15). These impacts were adequately addressed in Chapter 4.6 of the General Plan EIR. The proposed Project would not result in a new or substantially more severe impact than what was previously analyzed in the General Plan EIR.

Responses to Checklist Questions
Responses a.i), a.ii): The Project site is in an area of moderate to high seismicity. However, no known active faults cross the Project site, and the Project site is not located within an AlquistPriolo Earthquake Fault Zone. Nevertheless, relatively large earthquakes have historically occurred in the Bay Area and along the margins of the Central Valley. Many earthquakes of low magnitude occur every year in California.

Portions of the Great Valley fault are considered seismically active thrust faults; however, since the Great Valley fault segments are not known to extend to the ground surface, the State of California has not defined Earthquake Fault Hazard Zones around the postulated traces. The Great Valley fault is considered capable of causing significant ground shaking at the Project site, but the recurrence interval is believed longer than for more distant, strike-slip faults. Further seismic activity can be expected to continue along the western margin of the Central Valley, and

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as with all projects in the area, the proposed Project will be designed to accommodate strong earthquake ground shaking, in compliance with the applicable California building code standards.

Since there are no known active faults crossing the Project site and the Project site is not located within an Earthquake Fault Special Study Zone, the potential for ground rupture at the Project site is considered low.

An earthquake of moderate to high magnitude generated within the San Francisco Bay Region and along the margins of the central valley could cause considerable ground shaking at the Project site, like that which has occurred in the past. To minimize potential damage to the proposed structures caused by groundshaking, all construction would comply with the latest California Building Code standards, as required by the City of Stockton Municipal Code.

Seismic design provisions of current building codes generally prescribe minimum lateral forces, applied statically to the structure, combined with the gravity forces of dead-and-live loads. The code-prescribed lateral forces are generally considered to be substantially smaller than the comparable forces that would be associated with a major earthquake. Therefore, structures should be able to: (1) resist minor earthquakes without damage, (2) resist moderate earthquakes without structural damage but with some nonstructural damage, and (3) resist major earthquakes without collapse but with some structural as well as nonstructural damage.

Building new structures for human use would increase the number of people exposed to local and regional seismic hazards. Seismic hazards are a significant risk for most property in California.

The City reviews all proposed development projects for consistency with the General Plan policies and California Building Code provisions identified above. This review occurs throughout the project application review and processing stage, and throughout plan check and building inspection phases prior to the issuance of a certificate of occupancy. Furthermore, in accordance with the City of Stockton General Plan, a geotechnical report for the Project shall be prepared, which would include earthwork, foundation, and design recommendations to be incorporated into the Project design plans and specifications. Therefore, compliance with federal, state and local regulations, development standards, General Plan policies and implementation of the Project requirements would ensure that the Project would not result in any new significant effects or increase the severity of previously identified environmental effects related to seismic hazards as compared with the General Plan EIR.

Project Requirement(s)
Project Requirement 9: All Project buildings shall be designed in conformance with the current edition of the California Building Code (CBC), as adopted and amended by the City of Stockton.

Project Requirement 10: In accordance with the CBC Section 1803, prior to final design approval and issuance of building permits for each phase of the Project, the Project applicant shall hire a qualified geotechnical engineer to complete a geotechnical report for the Project. The investigation

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shall evaluate and identify onsite soil conditions and identify any site-specific engineering measures to be implemented during the construction of building foundations and subsurface utilities in accordance with the recommendations of the California Geological Survey. Measures shall be recommended by the Project geotechnical consultant and these measures shall be noted on the Project improvement plans.

Project Requirement 11: In accordance with the CBC and Stockton Municipal Code Chapter 15.08, all grading and foundation plans for the development shall be designed by a Civil and Structural Engineer and reviewed and approved by the City Engineer, Chief Building Official, and a qualified Geotechnical Engineer prior to issuance of grading and building permits to ensure that all geotechnical recommendations specified in the geotechnical report are properly incorporated and utilized in the Project design.

Response a.iii): Liquefaction normally occurs when sites underlain by saturated, loose to medium dense, granular soils are subjected to relatively high ground shaking. During an earthquake, ground shaking may cause certain types of soil deposits to lose shear strength, resulting in ground settlement, oscillation, loss of bearing capacity, landsliding, and the buoyant rise of buried structures. Most liquefaction hazards are associated with sandy soils, some silty soils of low plasticity, and some gravelly soils. Cohesive soils are generally not considered to be susceptible to liquefaction. In general, liquefaction hazards are most severe within the upper 50 feet of the surface, except where slope faces or deep foundations are present.

The City of Stockton General Plan requires geotechnical investigations to be completed prior to approval of any buildings to ensure that these facilities are constructed in a way that mitigates site-specific seismic and/or geological hazards. Any future development would be required to prepare soils investigations to address seismic safety issues and provide adequate mitigation for potential hazards identified, and would be required to comply with all CBC seismic requirements.

The City requires that, prior to development of the Project site, a subsurface geotechnical investigation must be performed to identify onsite soil conditions and identify any site-specific engineering measures to be implemented during the construction of building foundations and subsurface utilities. As noted above, this requirement will be met because a geotechnical investigation which includes recommendations to be incorporated in the design of the Project and implemented during construction is required by Project Requirement 10. Adherence to the engineering requirements contained in the subsurface geotechnical report would ensure that the Project implements the requirements specified in the General Plan. Therefore, compliance with federal, state and local regulations, development standards, General Plan policies and implementation of the Project requirements would ensure that the Project would not result in any new significant effects or increase the severity of previously identified environmental effects related to liquefaction as compared with the General Plan EIR.

Response a.iv): The Project site is relatively flat and there are no major slopes in the vicinity of the Project site. As such, the Project site is exposed to little or no risk associated with landslides, and the Project would not result in any new significant effects or increase the severity of

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previously identified environmental effects related to landslides as compared with the General Plan EIR.

Response b): During the construction preparation process, exposed surfaces could be susceptible to erosion from wind and water. Effects from erosion include impacts on water quality and air quality. Exposed soils that are not properly contained or capped increase the potential for increased airborne dust and increased discharge of sediment and other pollutants into nearby stormwater drainage facilities. Risks associated with erosive surface soils can be reduced by using appropriate controls during construction and properly re-vegetating exposed areas, as required under the existing regulatory requirements, such as implementation of erosion control measures specified in the CBC, Chapter 15.48 of the City of Stockton Municipal Code, and the City’s grading permit process.

In accordance with Chapter 15.48 of the City of Stockton Municipal Code, a grading and erosion control permit shall be required for all construction projects which disturb the soil. Grading plans shall be prepared in conformance with the City's requirements for improvement plans as delineated in Title 16, Development Code and Appendix J, California Building Code. Additionally, construction activities that disturb one acre or more shall provide for effective control of erosion, sediment, and all other pollutants as required in the Construction General Permit. The permit holder shall be responsible for the installation and monitoring of effective erosion and sediment controls. Such controls may be evaluated by the authorized enforcement officer and shall be required to comply with the provisions in Section 15.48.080 of the Municipal Code.

Thus, with compliance with the existing regulatory requirements and the City’s grading permit process, the proposed Project would not result in new or substantially more severe impacts than identified in the General Plan EIR.

Responses c), d): The potential for the Projectto be exposed to unstable soil conditions resulting from on-or off-site landslide, and liquefaction are discussed above under Responses a.iii, and a.iv., and were found that the Project would not result in any new significant effects or increase the severity of previously identified environmental effects related to landslides as compared with the General Plan EIR.

Lateral Spreading: The geologic conditions conducive to lateral spreading include gentle surface slope (0.3-5% slope), and liquefiable soils, none of which are present on the Project site.

According to the General Plan EIR, the majority of the EIR Study Area does not appear to be located atop unstable geologic materials that are prone to subsidence, lateral spreading, or collapse (See General Plan Draft EIR, pp. 4.6-13). The proposed Project would not result in new or substantially more severe impacts than identified in the General Plan EIR.

Expansive Soils: Expansive soils shrink/swell when subjected to moisture fluctuations, which could cause heaving and cracking of slabs-on-grade, pavements, and structures founded on shallow foundations. Building damage due to moisture changes in expansive soils could be reduced by appropriate grading practices and using posttensioned slab foundations or similarly stiffened foundation systems which are designed to resist the deflections associated with soil

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expansion. As noted in Section 4.6, Geology and Soils, of the General Plan EIR, all future projects would be required to comply with the provisions of the CBC, which requires development projects to: perform geotechnical investigations in accordance with State law, and engineer and incorporate improvements to address potential geologic issues. As noted above, as per Project Requirement 10, a geotechnical investigation has been prepared for the proposed Project which includes recommendations to be incorporated in the design of the Project and implemented during construction. Adherence to the engineering requirements contained in the subsurface geotechnical report and compliance with the State and local regulations and standards would ensure that the Project implements the requirements specified in the General Plan. The proposed Project would not result in new or substantially more severe impacts than identified in the General Plan EIR.

Response e): The Project site would be served by public wastewater facilities and does not require an alternative wastewater system such as septic tanks. Implementation of the proposed Project would have no impact on this environmental issue, and would not result in new or substantially more severe impacts than identified in the General Plan EIR.

Response f): The Project site is in an area known to have paleontological resources. The Stockton General Plan includes policies and actions that would reduce impacts to paleontological resources, as well as policies and actions for the conservation of paleontological resources. For example, General Plan Action LU-5.2.D requires identification and protection of paleontological resources, including through a treatment plan in accordance with appropriate standards where avoidance is not feasible. General Plan Action LU-5.2.D requires that a records search be done at the Central California Information Center, the University of California Museum of Paleontology at Berkeley, and other appropriate repositories to identify cultural resources in a project site.

Additionally, the Stockton Municipal Code requires appropriate evaluation of unanticipated archaeological deposits discovered in the course of ground-disturbance. The proposed Project would be subject to all relevant General Plan policies and actions that provide protections for paleontological resources.

The General Plan policies and actions provide a framework for ensuring that effects on significant unknown paleontological resources are reduced to the extent feasible. The Project would be subject all General Plan Requirements, and is consistent with the development types anticipated under the General Plan and General Plan EIR (See General Plan Draft EIR, pp. 4.5-19). As such, with compliance with the General Plan policies and actions, the Project would not result in new or substantially more severe impacts than identified in the General Plan EIR.

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XIII. GREENHOUSE GAS EMISSIONS
Significant
Impact
Peculiar to
the Project or
the Project
Site
Significant
Impact due to
New
Information
Impact
Adequately
Addressed in
the General
Plan EIR
Impact not
Previously
Addressed in
General Plan
EIR
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a significant
impact on the environment?
X
b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of reducing the
emissions of greenhouse gasses?
X
Project Impacts:

As discussed below, development of the proposed Project will result in an increase in greenhouse gas emissions from construction and operational activities. The proposed Project is allowed under the existing General Plan land use designation and is consistent with the growth assumptions of applicable plans. There is nothing peculiar about the site that presents impacts greater than was anticipated under the General Plan. As discussed below, compliance with the mitigation measures incorporated into the General Plan goals and policies and applicable City Code and compliance with applicable Federal, State, and local laws and regulations would reduce impacts related to greenhouse gas emissions to a less than significant level.

Prior Environmental Analysis:

The General Plan EIR analyzed the anticipated impacts of greenhouse gas emissions associated with the future urban development that was contemplated by the General Plan. These impacts included direct and indirect greenhouse gas emissions and compliance with applicable adopted greenhouse gas plans, policies, or regulations resulting from implementation of the General Plan (City of Stockton General Plan Draft EIR, 2018, pages 4.7-28 through 4.7-43). The General Plan EIR concluded that due to the magnitude of growth associated with the buildout of the General Plan, development anticipated by the General Plan could remain substantial and would not contribute to net achievement of the State’s long-term climate stabilization goals. However, implementation of the proposed General Plan policies and actions, combined with application of the Federal and State regulations, the CARB’s Scoping Plan, SJCOG’s RTP/SCS, City of Stockton’s Climate Action Plan (CAP), would reduce GHG emissions to the extent feasible. In addition, findings of fact and a statement of overriding consideration were adopted by the Stockton City Council regarding these impacts.

Background Discussion
Various gases in the Earth’s atmosphere, classified as atmospheric greenhouse gases (GHGs), play a critical role in determining the Earth’s surface temperature. Solar radiation enters Earth’s atmosphere from space, and a portion of the radiation is absorbed by the Earth’s surface. The Earth emits this radiation back toward space, but the properties of the radiation change from high-frequency solar radiation to lower-frequency infrared radiation.

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Naturally occurring GHGs include water vapor (H2O), carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), and ozone (O3). Several classes of halogenated substances that contain fluorine, chlorine, or bromine are also GHGs, but they are, for the most part, solely a product of industrial activities. Although the direct GHGs, including CO2, CH4, and N2O, occur naturally in the atmosphere, human activities have changed their atmospheric concentrations. From the preindustrial era (i.e., ending about 1750) to 2011, concentrations of these three GHGs have increased globally by 40, 150, and 20 percent, respectively (IPCC, 2013).

Greenhouse gases, which are transparent to solar radiation, are effective in absorbing infrared radiation. As a result, this radiation that otherwise would have escaped back into space is now retained, resulting in a warming of the atmosphere. This phenomenon is known as the greenhouse effect. Among the prominent GHGs contributing to the greenhouse effect are carbon dioxide (CO2), methane (CH4), ozone (O3), water vapor, nitrous oxide (N2O), and chlorofluorocarbons (CFCs).

Emissions of GHGs contributing to global climate change are attributable in large part to human activities associated with the industrial/manufacturing, utility, transportation, residential, and agricultural sectors. Consumption of fossil fuels in the transportation sector was the single largest source of California’s GHG emissions in 2021, accounting for 39% of total GHG emissions in the state. This category was followed by the industrial sector (22%), the electricity generation sector (including both in-state and out of-state sources) (16%) and the agriculture and forestry sector (8%) (California Energy Commission, 2024).

As the name implies, global climate change is a global problem. GHGs are global pollutants, unlike criteria air pollutants and toxic air contaminants, which are pollutants of regional and local concern, respectively. California produced approximately 381 million gross metric tons of carbon dioxide equivalents (MMTCO2e) in 2021 (California Energy Commission, 2024). Given that the U.S. EPA estimates that worldwide emissions from human activities totaled nearly 46 billion gross metric tons of carbon dioxide equivalents (BMTCO2e) in 2010, California’s incremental contribution to global GHGs is approximately 2% (U.S. EPA, 2014).

Carbon dioxide equivalents are a measurement used to account for the fact that different GHGs have different potential to retain infrared radiation in the atmosphere and contribute to the greenhouse effect. This potential, known as the global warming potential of a GHG, is also dependent on the lifetime, or persistence, of the gas molecule in the atmosphere. Expressing GHG emissions in carbon dioxide equivalents takes the contribution of all GHG emissions to the greenhouse effect and converts them to a single unit equivalent to the effect that would occur if only CO2 were being emitted.