Clovis City Council
May 20, 2024

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From: Rick Andreasen <[email protected]>
Sent: Tuesday, April 16, 2024 11:21 AM
To: Lily Cha <[email protected]>
Subject: [External] Tract 6343
The proposed approval of TM 6343 includes annexa�on of six (6) rural, fully improved homesites. As one of the owners in this block of homes we are opposed to inclusion in the annexa�on and the change of zoning from AE20. These homesites are a group that have no relevance to the proposed high density residen�al proposed by Wilson Homes.

Addi�onally, the lack of street improvements on the east side of the proposed Barton street will leave an unmanaged strip or no-mans-land. This “normal” exclusion from improvement follows that a small developer will at some �me in the future, buy or some of these lots for a small R1 development. This rural island is improved with million dollar + homes that make such an endeavor economically infeasible. The only �me that sufficient funding will be available during development for this funding is now. Our mee�ng with Wilson Homes indicated that curb and gut er, storm drainage, a narrow landscape strip (improved) and a block wall was the best solu�on to this frontage.

Finally, the city master planning for Heritage Grove recognized the exis�ng and dis�nc�ve nature of these homesites by pushing the future alignment of Behymer improvements north to allow the exis�ng north property lines, and resul�ng site improvements to remain.

Please register our opposi�on to these items with the Planning Commission and City Council.

Thank you,
Rick and Stacy Andreasen
4747 E. Behymer
559.908.5290
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County of Fresno

DEPARTMENT OF PUBLIC HEALTH
David Pomaville, Director
Promotion, preservation and protection of the community’s health 1221 Fulton Street /P. O. Box 11867, Fresno, CA 93775
(559) 600-3271 ・ FAX (559) 600-7629
The County of Fresno is an Equal Employment Opportunity Employer www.co.fresno.ca.us ・ www.fcdph.org
January 14, 2021
LU0021179
2604
Maria Spera, Planning Technician II
City of Clovis
Planning and Development Services Department
1033 Fifth Street
Clovis, CA 93612
Dear Ms. Spera:

PROJECT NUMBER: DRC-21-00003
DRC-21-00003, A proposal for a 549-lot single family residential subdivision.

APN: 556-030-14, 556-040-05, -07, -08 ZONING: County AE 20 ADDRESS: Clovis & Perrin Alignment Avenues
Recommended Conditions of Approval:
 Construction permits for the development should be subject to assurance of sewer capacity of the Regional Wastewater Treatment Facility. Concurrence should be obtained from the California Regional Water Quality Control Board (RWQCB). For more information, contact staff at (559) 445-5116.
 Construction permits for the development should be subject to assurance that the City of Clovis community water system has the capacity and quality to serve this project. Concurrence should be obtained from the State Water Resources Control Board, Division of Drinking Water-Southern Branch. For more information call (559) 447-3300.
 The proposed construction project and proximity to an existing thoroughfare has the potential to expose nearby residents/tenants to elevated noise levels. Consideration should be given to your City’s municipal code.
 As a measure to protect ground water, all water wells and/or septic systems that exist or have been abandoned within the project area should be properly destroyed by an appropriately licensed contractor.
 Should any underground storage tank(s) be found during the project, the applicant shall apply for and secure an Underground Storage Tank Removal Permit from the Fresno County Department of Public Health, Environmental Health Division. Contact the Fresno County Hazmat Compliance Program at (559) 600-3271 for more information.

Attachment 16 2957
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Maria Spera
January 14, 2021
DRC-21-00003

2 The following comments pertain to the demolition of existing structure(s):
 Should the structure(s) have an active rodent or insect infestation, the infestation should be abated prior to demolition of the structure(s) in order to prevent the spread of vectors to adjacent properties.
 In the process of demolishing the existing structure(s), the contractor may encounter asbestos containing construction materials and materials coated with lead based paints.  If asbestos containing materials are encountered, contact the San Joaquin Valley Air Pollution Control District at (559) 230-6000 for more information.  If the structure(s) were constructed prior to 1979 or if lead-based paint is suspected to have been used in these structures, then prior to demolition and/or remodel work the contractor should contact the following agencies for current regulations and requirements:
 California Department of Public Health, Childhood Lead Poisoning Prevention Branch, at (560) 620-5600.
 United States Environmental Protection Agency, Region 9, at (415) 947-8000.  State of California, Industrial Relations Department, Division of Occupational Safety and Health, Consultation Service (CAL-OSHA) at (559) 454-5302.

REVIEWED BY:

Kevin Tsuda, R.E.H.S.

Environmental Health Specialist II (559) 600-33271
KT
cc: Deep Sidhu- Environmental Health Division (CT. 55.25) Great Bigland LP- Applicant ([email protected]) 2958
AGENDA ITEM NO. 13.

September 20, 2023
Lily Cha-Haydostian
City of Clovis
Department of Planning and Development Services
1033 Fifth Street
Clovis, CA, 93612
Project: Tentative Map 6343 – Wilson Premier Homes
District CEQA Reference No: 20230770
Dear Ms. Cha-Haydostian:

The San Joaquin Valley Air Pollution Control District (District) has reviewed the Tentative Map (TM) from the City of Clovis (City) for the Wilson Premier Homes project.

Per the TM, the project consists of 590 single-family residences (Project). The Project is located on the south side of Behymer Avenue between Sunnyside and Minnewawa Avenue, in Clovis, CA.

The District offers the following comments at this time regarding the Project:

Project Related Emissions
At the federal level under the National Ambient Air Quality Standards (NAAQS), the District is designated as extreme nonattainment for the 8-hour ozone standards and serious nonattainment for the particulate matter less than 2.5 microns in size (PM2.5) standards. At the state level under California Ambient Air Quality Standards (CAAQS), the District is designated as nonattainment for the 8-hour ozone, PM10, PM2.5 standards.

The District’s initial review of the Project concludes that emissions resulting from construction and/or operation of the Project may exceed any of the following significance thresholds as identified in the District’s Guidance for Assessing and Mitigating Air Quality Impacts: https://www.valleyair.org/transportation/GAMAQI.pdf.

The District recommends that a more detailed preliminary review of the Project be conducted for the Project’s construction and operational emissions. 2959
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Construction Emissions
The District recommends, to reduce impacts from construction-related diesel exhaust emissions, the Project should utilize the cleanest available off-road construction equipment.

Operational Emissions
Operational (ongoing) air emissions from mobile sources and stationary sources should be analyzed separately. For reference, the District’s significance thresholds are identified in the District’s Guidance for Assessing and Mitigating Air Quality Impacts:
https://www.valleyair.org/transportation/GAMAQI.pdf.

Recommended Mitigation Measure: At a minimum, project related impacts on air quality should be reduced to levels below the District’s significance thresholds through incorporation of design elements such as the use of cleaner Heavy Heavy-Duty (HHD) trucks and vehicles, measures that reduce Vehicle Miles Traveled (VMTs), and measures that increase energy efficiency. More information on transportation mitigation measures can be found at:
https://ww2.valleyair.org/media/ob0pweru/clean-air-measures.pdf Recommended Model for Quantifying Air Emissions
Project-related criteria pollutant emissions from construction and operational sources should be identified and quantified. Emissions analysis should be performed using the California Emission Estimator Model (CalEEMod), which uses the most recent CARB-approved version of relevant emissions models and emission factors. CalEEMod is available to the public and can be downloaded from the CalEEMod website at: www.caleemod.com.

Health Risk Screening/Assessment
The City should evaluate the risk associated with the Project for sensitive receptors (residences, businesses, hospitals, day-care facilities, health care facilities, etc.) in the area and mitigate any potentially significant risk to help limit exposure of sensitive receptors to emissions.

To determine potential health impacts on surrounding receptors (residences, businesses, hospitals, day-care facilities, health care facilities, etc.) a Prioritization and/or a Health Risk Assessment (HRA) should be performed for the Project. These health risk determinations should quantify and characterize potential Toxic Air Contaminants (TACs) identified by the Office of Environmental Health Hazard Assessment/California Air Resources Board (OEHHA/CARB) that pose a present or potential hazard to human health.
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Health risk analyses should include all potential air emissions from the project, which include emissions from construction of the project, including multi-year construction, as well as ongoing operational activities of the project. Note, two common sources of TACs can be attributed to diesel exhaust emitted from heavy-duty off-road earth moving equipment during construction, and from ongoing operation of heavy-duty on-road trucks.

Prioritization (Screening Health Risk Assessment):

A “Prioritization” is the recommended method for a conservative screening-level health risk assessment. The Prioritization should be performed using the California Air Pollution Control Officers Association’s (CAPCOA) methodology. Please contact the District for assistance with performing a Prioritization analysis.

The District recommends that a more refined analysis, in the form of an HRA, be performed for any project resulting in a Prioritization score of 10 or greater. This is because the prioritization results are a conservative health risk representation, while the detailed HRA provides a more accurate health risk evaluation.

Health Risk Assessment:

Prior to performing an HRA, it is strongly recommended that land use agencies/ project proponents develop and submit for District review a health risk modeling protocol that outlines the sources and methodologies that will be used to perform the HRA.

A development project would be considered to have a potentially significant health risk if the HRA demonstrates that the health impacts would exceed the District’s established risk thresholds, which can be found here:
http://www.valleyair.org/transportation/ceqa_idx.htm.

A project with a significant health risk would trigger all feasible mitigation measures.

The District strongly recommends that development projects that result in a significant health risk not be approved by the land use agency.

The District is available to review HRA protocols and analyses. For HRA submittals please provide the following information electronically to the District for review:
 HRA (AERMOD) modeling files
 HARP2 files
 Summary of emissions source locations, emissions rates, and emission factor calculations and methodologies.

For assistance, please contact the District’s Technical Services Department by:
 E-Mailing inquiries to: [email protected]
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 Calling (559) 230-5900
Recommended Measure: Development projects resulting in TAC emissions should be located an adequate distance from residential areas and other sensitive receptors to prevent the creation of a significant health risk in accordance to CARB's Air Quality and Land Use Handbook: A Community Health Perspective located at https://ww2.arb.ca.gov/our-work/programs/resource-center/strategydevelopment/land-use-resources.

Ambient Air Quality Analysis
An Ambient Air Quality Analysis (AAQA) uses air dispersion modeling to determine if emissions increases from a project will cause or contribute to a violation of State or National Ambient Air Quality Standards. The District recommends an AAQA be performed for the Project if emissions exceed 100 pounds per day of any pollutant.

An AAQA uses air dispersion modeling to determine if emission increase from a project will cause or contribute to a violation of State or National Ambien Air Quality Standards. An acceptable analysis would include emissions from both projectspecific permitted and non-permitted equipment and activities. The District recommends consultation with District staff to determine the appropriate model and input data to use in the analysis.

Specific information for assessing significance, including screening tools and modeling guidance, is available online at the District’s website:
www.valleyair.org/ceqa.

Voluntary Emission Reduction Agreement
Criteria pollutant emissions may result in emissions exceeding the District’s significance thresholds, potentially resulting in a significant impact on air quality.

When a project is expected to have a significant impact, the District recommends the environmental review also include a discussion on the feasibility of implementing a Voluntary Emission Reduction Agreement (VERA) for this Project.

A VERA is a mitigation measure by which the project proponent provides pound-forpound mitigation of emissions increases through a process that develops, funds, and implements emission reduction projects, with the District serving a role of administrator of the emissions reduction projects and verifier of the successful mitigation effort. To implement a VERA, the project proponent and the District enter into a contractual agreement in which the project proponent agrees to mitigate project specific emissions by providing funds for the District’s incentives programs.

The funds are disbursed by the District in the form of grants for projects that achieve emission reductions. Thus, project-related impacts on air quality can be mitigated.

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electrification of stationary internal combustion engines (such as agricultural irrigation pumps), replacing old heavy-duty trucks with new, cleaner, more efficient heavy-duty trucks, and replacement of agricultural equipment with the latest generation technologies.

In implementing a VERA, the District verifies the actual emission reductions that have been achieved as a result of completed grant contracts, monitors the emission reduction projects, and ensures the enforceability of achieved reductions. After the project is mitigated, the District certifies to the Lead Agency that the mitigation is completed, providing the Lead Agency with an enforceable mitigation measure demonstrating that project-related emissions have been mitigated. To assist the Lead Agency and project proponent in ensuring that the environmental document is compliant with CEQA, the District recommends the environmental document includes an assessment of the feasibility of implementing a VERA.

Clean Lawn and Garden Equipment in the Community
Since the Project consists of residential development, gas-powered residential lawn and garden equipment have the potential to result in an increase of NOx and PM2.5 emissions. Utilizing electric lawn care equipment can provide residents with immediate economic, environmental, and health benefits. The District recommends the Project proponent consider the District’s Clean Green Yard Machines (CGYM) program which provides incentive funding for replacement of existing gas powered lawn and garden equipment. More information on the District CGYM program and funding can be found at: http://www.valleyair.org/grants/cgym.htm and http://valleyair.org/grants/cgym-commercial.htm.

On-Site Solar Deployment
It is the policy of the State of California that renewable energy resources and zerocarbon resources supply 100% of retail sales of electricity to California end-use customers by December 31, 2045. While various emission control techniques and programs exist to reduce air quality emissions from mobile and stationary sources, the production of solar energy is contributing to improving air quality and public health. The District suggests that the City consider incorporating solar power systems as an emission reduction strategy for the Project.

Electric Infrastructure
To support and accelerate the installation of electric vehicle charging equipment and development of required infrastructure, the District offers incentives to public agencies, businesses, and property owners of multi-unit dwellings to install electric charging infrastructure (Level 2 and 3 chargers). The purpose of the District’s Charge Up! Incentive program is to promote clean air alternative-fuel technologies and the use of low or zero-emission vehicles. The District recommends that the City 2963
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and project proponents install electric vehicle chargers at project sites, and at strategic locations.

Please visit www.valleyair.org/grants/chargeup.htm for more information.

District Rules and Regulations
The District issues permits for many types of air pollution sources, and regulates some activities that do not require permits. A project subject to District rules and regulations would reduce its impacts on air quality through compliance with the District’s regulatory framework. In general, a regulation is a collection of individual rules, each of which deals with a specific topic. As an example, Regulation II (Permits) includes District Rule 2010 (Permits Required), Rule 2201 (New and Modified Stationary Source Review), Rule 2520 (Federally Mandated Operating Permits), and several other rules pertaining to District permitting requirements and processes.

The list of rules below is neither exhaustive nor exclusive. Current District rules can be found online at: www.valleyair.org/rules/1ruleslist.htm. To identify other District rules or regulations that apply to future projects, or to obtain information about District permit requirements, the project proponents are strongly encouraged to contact the District’s Small Business Assistance (SBA) Office at (559) 230-5888.

District Rules 2010 and 2201 - Air Quality Permitting for Stationary Sources
Stationary Source emissions include any building, structure, facility, or installation which emits or may emit any affected pollutant directly or as a fugitive emission. District Rule 2010 (Permits Required) requires operators of emission sources to obtain an Authority to Construct (ATC) and Permit to Operate (PTO) from the District. District Rule 2201 (New and Modified Stationary Source Review) requires that new and modified stationary sources of emissions mitigate their emissions using Best Available Control Technology (BACT).

This Project may be subject to District Rule 2010 (Permits Required) and Rule 2201 (New and Modified Stationary Source Review) and may require District permits. Prior to construction, the Project proponent should submit to the District an application for an ATC. For further information or assistance, the project proponent may contact the District’s SBA Office at (559) 230-5888. 2964
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District Rule 9510 - Indirect Source Review (ISR)
The Project is subject to District Rule 9510 because it will receive a projectlevel discretionary approval from a public agency and will equal or exceed 50 dwelling units of residential.

The purpose of District Rule 9510 is to reduce the growth in both NOx and PM emissions associated with development and transportation projects from mobile and area sources; specifically, the emissions associated with the construction and subsequent operation of development projects. The ISR Rule requires developers to mitigate their NOx and PM emissions by incorporating clean air design elements into their projects. Should the proposed development project clean air design elements be insufficient to meet the required emission reductions, developers must pay a fee that ultimately funds incentive projects to achieve off-site emissions reductions.

Per Section 5.0 of the ISR Rule, an Air Impact Assessment (AIA) application is required to be submitted no later than applying for project-level approval from a public agency. As of the date of this letter, the District has not received an AIA application for this Project. Please inform the project proponent to immediately submit an AIA application to the District to comply with District Rule 9510 so that proper mitigation and clean air design under ISR can be incorporated into the Project’s design. One AIA application should be submitted for the entire Project.

Information about how to comply with District Rule 9510 can be found online at:
http://www.valleyair.org/ISR/ISRHome.htm.

The AIA application form can be found online at:
http://www.valleyair.org/ISR/ISRFormsAndApplications.htm.

District staff is available to provide assistance, and can be reached by phone at (559) 230-5900 or by email at [email protected].

District Rule 4002 (National Emissions Standards for Hazardous Air Pollutants)
In the event an existing building will be renovated, partially demolished or removed, the Project may be subject to District Rule 4002. This rule requires a thorough inspection for asbestos to be conducted before any regulated facility is demolished or renovated. Information on how to comply with District Rule 4002 can be found online at:
http://www.valleyair.org/busind/comply/asbestosbultn.htm. 2965
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District Rule 4601 (Architectural Coatings)
The Project will be subject to District Rule 4601 since it is expected to utilize architectural coatings. Architectural coatings are paints, varnishes, sealers, or stains that are applied to structures, portable buildings, pavements or curbs.

The purpose of this rule is to limit VOC emissions from architectural coatings.

In addition, this rule specifies architectural coatings storage, cleanup and labeling requirements. Additional information on how to comply with District Rule 4601 requirements can be found online at:
http://www.valleyair.org/rules/currntrules/r4601.pdf
District Regulation VIII (Fugitive PM10 Prohibitions)
The project proponent may be required to submit a Construction Notification Form or submit and receive approval of a Dust Control Plan prior to commencing any earthmoving activities as described in Regulation VIII, specifically Rule 8021 – Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities.

Should the project result in at least 1-acre in size, the project proponent shall provide written notification to the District at least 48 hours prior to the project proponents intent to commence any earthmoving activities pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). Also, should the project result in the disturbance of 5- acres or more, or will include moving, depositing, or relocating more than 2,500 cubic yards per day of bulk materials, the project proponent shall submit to the District a Dust Control Plan pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). For additional information regarding the written notification or Dust Control Plan requirements, please contact District Compliance staff at (559) 230-5950.

The application for both the Construction Notification and Dust Control Plan can be found online at:
https://www.valleyair.org/busind/comply/PM10/forms/DCP-Form.docx Information about District Regulation VIII can be found online at:
http://www.valleyair.org/busind/comply/pm10/compliance_pm10.htm Other District Rules and Regulations
The Project may also be subject to the following District rules: Rule 4102 (Nuisance) and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations).
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District Comment Letter
The District recommends that a copy of the District’s comments be provided to the Project proponent.

If you have any questions or require further information, please contact Eric McLaughlin by e-mail at [email protected] or by phone at (559) 230-5808.

Sincerely,
Brian Clements
Director of Permit Services
For: Mark Montelongo
Program Manager
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DEVELOPMENT SERVICES AND CAPITAL PROJECTS DIVISION
2220 Tulare Street, Sixth Floor / Fresno, California 93721 / Phone (559) 600-4497 / 600-4022 / 600-4540 / FAX 600-4200 The County of Fresno is an Equal Employment Opportunity Employer

DEPARTMENT OF PUBLIC WORKS AND PLANNING
STEVEN E. WHITE, DIRECTOR
February 15, 2024
Lily Cha-Haydostian
Senior Planner, Planning Division
City of Clovis
1033 Fifth Street
Clovis, CA 93612
SUBJECT: City of Clovis TM 6343- 590-lot single-family residential subdivision Dear Ms. Cha-Haydostian:

The County of Fresno appreciates the opportunity to review and comment on the subject project being reviewed by the City of Clovis.

The documents received for this review were circulated to our various Fresno County Public Works and Planning divisions. See comments below.

Fresno County Transportation Division:
• The County requires the completion of a Transportation Impact Study (TIS) to assess the potential impacts of the project on county facilities.

Fresno County Road Maintenance and Operations Division:
• A traffic impact study (TIS) is required to determine the impact of additional traffic to nearby County maintained roads. Depending on results of the transportation study, RMO may have additional comments or conditions.
• Annexation should include the full width of Behymer Ave and Sunnyside Ave along the proposed annexation area and should include the full span of state bridge CSBN: 42C0300 crossing Enterprise Canal.

Fresno County Engineering Division:
• According to FEMA FIRM Panel 1040H and 1580H, portions of the area of the subject property are within the shaded Flood Zone X and Flood Zone AH which is subject to flooding from the 100- year storm.

If you have any questions regarding the information described in this letter, please contact me at [email protected] or (559) 600-4245.

Sincerely,
Elliot Racusin
Elliot Racusin, Planner
Development Services and Capital Projects Division
DR:er:cwm
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SPECIFIC SERVICE PLAN

BEHYMER-SUNNYSIDE SOUTHWEST REORGANIZATION
RO305
City of Clovis Behymer-Sunnyside Southwest Reorganization May 2024 Site Specific Service Plan
Attachment 17

P L A N N I N G & D E V E L O P M E N T
1 0 3 3 F I F T H S T R E E T • C L O V I S , C A 9 3 6 1 2

1.1 INTRODUCTION
A Site Specific Service Plan for providing services and improvements to land being annexed to the City is required by the Fresno Local Agency Formation Commission (LAFCo). The site specific service plan provides assurance to LAFCo that newly annexed land to the City will be properly served as urban territory.

The service plan also provides information to property owners, districts and interesting parties who may have projects underway within the vicinity of the proposed annexation.

On April 18, 2024, the Clovis Planning Commission conducted a noticed public hearing and adopted a resolution recommending approval of the following applications:
a. Certification of the Final Environmental Impact Report for the TM 6343 Project making the CEQA findings of fact, adopting a statement of overriding considerations, and adopting a mitigation monitoring and reporting program.
b. General Plan Amendment 2021-003 amending the land use element of the General Plan for the Development Area (approximately 71.54 acres) from the Medium Density land use designation to the Medium High Density land use designation.
c. Rezone 2021-006, approving a request to prezone the properties within the annexation area (246 acres) from the Fresno County AE-20 Zone District to the Clovis O, P-F, R-A, R-1, and R-1-PRD Zone Districts.
d. Tract Map 6343, approving a vesting tentative tract map for a 590-lot single-family planned residential.
e. Planned Development Permit 2021-001, approving a request to approve a planned development permit for a 590-lot single-family residential development.

On May 13, 2024, the Clovis City Council conducted a noticed public hearing and took action to approve the following applications:
a. Certification of the Final Environmental Impact Report for the TM 6343 Project making the CEQA findings of fact, adopting a statement of overriding considerations, and adopting a mitigation monitoring and reporting program.
b. General Plan Amendment 2021-003 amending the land use element of the General Plan for the Development Area (approximately 71.54 acres) from the Medium Density land use designation to the Medium High Density land use designation.
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City of Clovis Behymer-Sunnyside Southwest Reorganization May 2024 Site Specific Service Plan
c. Rezone 2021-006, approving a request to prezone the properties within the annexation area (246 acres) from the Fresno County AE-20 Zone District to the Clovis O, P-F, R-A, R-1, and R-1-PRD Zone Districts.
d. Tract Map 6343, approving a vesting tentative tract map for a 590-lot single-family planned residential.
e. Planned Development Permit 2021-001, approving a request to approve a planned development permit for a 590-lot single-family residential development.

On May 13, 2024, the Clovis City Council adopted a resolution addressing Reorganization RO305, requesting the Fresno Local Agency Formation Commission (LAFCo) take proceedings for the reorganization of the territory known as the Behymer-Sunnyside Southwest Reorganization.

1.2 SERVICES EXISTING OR PROPOSED

1. Community Water Service
The Water Master Plan Update, completed in 2017, by Provost & Pritchard Consulting Group, was prepared to support the 2014 Clovis General Plan, and the development plans therein. The plan examined the feasibility of continued growth in the greater Clovis area from a water resource perspective. This included a review of existing and future demands for water from surface, groundwater, and reclaimed water. The study area corresponded with the General Plan planning area. The 2015 Urban Water Management Plan updated the water supply and demand issues identified in the 2017 Master Plan.

The City and Tarpey Village have 37 domestic water wells to provide for the needs of its residents. Some of these have wellhead treatment facilities to treat contaminated groundwater. The wells discharge water into a distribution main grid, based on a minimum of 12-inch mains, spaced at half-mile intervals. The present water storage facilities consist of one elevated tank and three ground level tanks. The total storage capacity is 7 million gallons.

The City began operations of the Surface Water Treatment Facility, located on the Enterprise Canal on the east side of Clovis, in 2004. Kings River water is supplied to the plant via Fresno Irrigation District’s (FID) Enterprise Canal. This 15 million gallon-per-day (MGD) plant allows Clovis to serve existing users and new growth areas, while lessening the demand on groundwater. In 2014, treatment capacity at the SWTF was increased to 22.5 MGD.

In 2009, the City began operation of the Water Reuse Facility (WRF) to treat wastewater from a portion of the City’s growth areas. In 2012, the City began using recycled water from this facility to irrigate public landscapes. At build-out of the system, this facility will be able to produce 8.4 MGD of recycled water.

The strategy for future water supply is termed “conjunctive use” where multiple elements are used to provide a secure long-term supply. It includes using both groundwater and treated surface water to ensure a secure drought-resistant water supply with the flexibility to use surface and groundwater supplies in a cost and operationally-efficient manner. This strategy is conducive to phased development that is critical to both community approval and existing operational constraints.

Water systems for newly developed areas, such as the project site, will be financed by development fees, assessment districts, and capital facilities funding. Additional surface water supplies for certain growth areas will be financed by the Water Supply development fee. 2970
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2. Water
The following water conditions have been placed on the project:

1. The applicant shall identify and abandon all water wells to City standards.

2. The applicant shall install water mains of the sizes and in the locations indicated below, and provide an adequately looped water system prior to occupancy. The water improvements shall be in accordance with the City’s master plans and shall match existing improvements. The applicant’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements. Any alternative routing of the mains shall require approval of the City Engineer and shall be supported by appropriate calculations.
a. Behymer Avenue – install 24" main along frontage.
b. North Baron Avenue – install 24" main along frontage. c. Interior Streets – install 8" mains.
d. Three different alternatives are recommended to adequately provide water system redundancy to the development:
i. Alternative 1:

1. Tank T-9 – install 3.5-million-gallon storage tank at the southwest corner of the Perrin Avenue and North Sunnyside Avenue
alignments.

2. Perrin Avenue Alignment – install 24" main between North Marion Avenue and North Sunnyside Avenue.

3. Sunnyside Avenue – install 24” main between the Perrin Avenue alignment and Heirloom Avenue. Provide a 12” stub for future distribution connection.
ii. Alternative 2:

1. Sunnyside Avenue – install 16" main between Shepherd Avenue and Teague Avenue.

2. Sunnyside Avenue – install 12" main between Teague Avenue and Portland Avenue.
iii. Alternative 3:

1. Sunnyside Avenue – install 16" main between Shepherd Avenue and Teague Avenue.

2. Teague Avenue – install 16” main from Sunnyside Avenue to the existing 16” water main installed by TM 6284.

3. Water Sampling Stations – dedicate and provide for water sampling stations per City standards, at the following locations:
a. Outlot ZZ on the Perrin Avenue side of the gates.
b. Outlot JJJ on the Baron Avenue side of the gates.
c. NEC Hammel Avenue and Private Street ‘H’, on the Hammel side of the gates.

4. The applicant shall provide dedication of 15-foot-wide utility easements for all on-site water mains, hydrants, blow-offs, and water meters not located in otherwise dedicated rights-of-way.

5. The applicant shall install a City standard water service to each lot of the proposed subdivision.

Water services shall be grouped at property lines to accommodate automatic meter reading system, including installation of connecting conduit. The water meter shall be placed in the sidewalk and not in planters or driveways.

6. The applicant shall notify all property owners’ annexed to the City and along streets where a new water main will be constructed to determine if they wish to be connected to City water. Property owners shall work directly with the applicant regarding costs and location. The applicant shall notify property owners that water connection fees are required if they choose to connect. 2971
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7. Prior to recording a final map of any phase, the applicant shall demonstrate to the satisfaction of the City Fire Chief and City Engineer that there is adequate water pressure to serve the units to be constructed. The applicant shall work with the City Engineer to determine the adequacy of water supply/pressure for the proposed development.

3. Recycled Water
The following recycled water conditions have been placed on the project:

8. The applicant shall install recycled water mains of the sizes and in the locations indicated below.

The recycled water improvements shall be in accordance with the City’s master plans and shall match existing improvements. All areas utilizing recycle water for irrigation shall be clearly marked on the improvement plans. The applicant’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements. Any alternative routing of the mains shall require approval of the City Engineer and may require appropriate calculations. a. North Baron Avenue – install 8” main along frontage. b. Behymer Avenue – install 8” main along frontage.
c. Paseos, Trails, and Neighborhood Parks – install mains as necessary to serve the paseos, trails, and the neighborhood parks.

4. Wastewater
The Fresno-Clovis Regional Wastewater Treatment Facility serves the Fresno and Clovis urban area from its location southwest of the two cities. The City of Clovis owns and maintains sewer lines within the City Sphere of Influence, with the exception of the Tarpey Village area, which is maintained by the City of Fresno.

The City operates the Water Reuse Facility which treats wastewater from a portion of the City and provides recycled water for use in public landscapes. This facility will be expanded as required to serve portions of the northwest and northeast growth areas. The City does not have sewer collection facilities constructed for the entire current Sphere of Influence at this time, but all areas have been master planned.

The Clovis Wastewater Master Plan Update in 2017 provided the City with a course of action with respect to wastewater service needs through the year 2035, in keeping with the Clovis General Plan.

Wastewater facilities for newly developed areas will be financed by development fees, assessment districts, and capital facilities funding.

The following sewer conditions have been placed on the project:

9. The applicant shall identify and abandon all septic systems to City standards.

10. The applicant shall install sanitary sewer mains of the size and in the locations indicated below, prior to occupancy. The sewer improvements shall be in accordance with the City’s master plans and shall match existing improvements. The applicant’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements. Any alternative routing of the mains shall require approval of the City Engineer and shall be supported by appropriate calculations.

11. Behymer Avenue – install 15" main along frontage.

12. North Baron Avenue – install 10” main from Perrin Avenue to approximately 560 feet south of Behymer Avenue.

13. Interior Streets – install 8" mains.
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14. The applicant shall provide dedication of a 15' wide utility easement for all on-site sewer mains, not located in otherwise dedicated rights-of-way.

15. The applicant shall install one (1) 4" sewer service house branch to each lot within the tentative tract.

16. The applicant shall notify all property owners annexed to the City and along streets where a new sewer main will be constructed to determine if they wish to be connected to City sewer. Property owners shall work directly with the applicant regarding costs and location. The applicant shall notify property owners that sewer connection fees are required if they choose to connect.

17. Applicant acknowledges that sewage collection and treatment capacity for the area within which the proposed subdivision is located is extremely limited, and that capacity may not be available to provide service for the proposed subdivision at such time as applicant is ready to seek approval of a final map. Applicant acknowledges, understands, and agrees that if such sewage collection and treatment capacity is not available to serve the proposed subdivision, as determined in the sole and absolute discretion of the City of Clovis, the final map may not be approved. Notwithstanding the foregoing, applicant has freely and voluntarily chosen to proceed with the submittal and processing of the tentative map, intends to expend money, time and effort in connection therewith, and accepts the risks that the final map approval may be delayed until sufficient capacity is available as determined in the sole and absolute discretion of the City of Clovis. Applicant agrees to hold harmless and indemnify the City of Clovis from any and all claims, costs, expenses, and damages incurred or suffered by applicant, its principals, officers, employees, agents, or contractors, caused by, in connection with, or arising out of the unavailability of sewage collection or treatment capacity to serve the proposed subdivision, or the City’s refusal or failure to approve a final map for the proposed subdivision because of the unavailability of sewage collection or treatment.

5. Dedications and Street Improvements
The following street conditions have been placed on the project:

18. The applicant shall provide right-of-way acquisition or dedicate free and clear of all encumbrances and/or improve the following streets to City standards. The street improvements shall be in accordance with the City’s specific plans and shall match existing improvements. The applicant’s engineer shall be responsible for verifying the type, location, and grades of existing improvements.

19. Behymer Avenue – Along frontage, dedicate to provide right-of-way acquisition for 44.5' (existing 30') south of centerline and 24.5’ (existing 20’) north of centerline, and improve with curb, gutter, sidewalk, curb return ramps, streetlights, landscape strip, 43' (22.5’ south + 20.5’ north) of permanent paving, 3' paved swale on the north side of the street, and transitional paving as needed.

20. North Baron Avenue – Between Perrin Avenue and the ultimate southern limit of FMFCD Basin BY2, dedicate to provide right-of-way acquisition for 44.5' (exist 0') west of centerline and 44.5’ (exist 0’) east of centerline (centerline is on the eastern property line of the project parcel), and improve with curb, gutter, 6’ sidewalk on both sides of the street, curb return ramps, street lights, landscape strip, 45' (22.5’ east + 22.5’ west) permanent paving, and transitional paving as needed.

21. North Baron Avenue – Along the ultimate FMFCD Basin BY2 frontage, dedicate to provide right-ofway acquisition for 44.5' (exist 0') west of centerline and 40.5’ (exist 0’) east of centerline (centerline is on the eastern property line of the project parcel), and improve with curb, gutter, 6’ sidewalk on both sides of the street, drive approaches, curb return ramps, street lights, landscape strip, 45' (22.5’ east + 22.5’ west) permanent paving, and transitional paving as needed. 2973
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22. North Baron Avenue – Between the ultimate northern limit of the FMFCD Basin BY2 and Behymer Avenue, dedicate to provide right-of-way acquisition for 44.5' (exist 0') west of centerline and 25.5’ (exist 0’) east of centerline (centerline is 25.5’ west of the eastern property line of the project parcel), and improve with curb, gutter, 6’ sidewalk on both sides of the street, curb return ramps, street lights, landscape strip, 45' ( 22.5’ west + 22.5’ east) permanent paving, and transitional paving as needed.

23. Perrin Avenue – Between North Baron Avenue and the western limit of TTM 6200, dedicate to provide right-of-way acquisition for 77' (exist 0') north of centerline and 19’ (exist 0’) south of centerline, and improve with curb, gutter, sidewalk, curb return ramps, street lights, landscape strip, 30' (18’ north + 12’ south) permanent paving, 3' paved swale on the south side of the street, and transitional paving as needed. The curb pattern on the north side of Perrin Avenue includes a 10’ meandering asphalt trail and a meandering decomposed granite trail.

24. Perrin Avenue – Between the western limit of TTM 6200 and the western limit of this development, dedicate to provide right-of-way acquisition for 66' (exist 0') north of centerline and 30’ (exist 0’) south of centerline, and improve with curb, gutter, 10’ sidewalk of the north side of the street, 6’ sidewalk on the south side of the street, curb return ramps, street lights, landscaping and irrigation, 32' (16’ north + 16’ south) permanent paving, and transitional paving as needed. The curb pattern on the north side of Perrin Avenue includes a 10’ meandering asphalt trail and a meandering decomposed granite trail.

25. North Hammel Avenue – Dedicate to provide right-of-way acquisition for 30’ (exist 0’) east centerline and 30’ (exist 0’) west of centerline, and improve with curb, gutter, sidewalk, curb return ramps, street lights, landscaping and irrigation, 32’ (16’ east + 16’ west’) permanent paving. The curb pattern for the east side of the street shall include a 5’ sidewalk. The curb pattern for the west side of the street shall include landscaping and an 8’ meandering sidewalk outside of the FID Enterprise Canal easement.

26. Gated Developments – Provide ample vehicle stacking area outside the travel lanes of the public streets that will allow vehicles to wait as vehicles are accessing the control panel to open the security gates. Design a turn-a-round to allow vehicles that cannot enter the complex to return to the street without backing the vehicle up. Provide the Solid Waste Division with remote controls that will allow access for all solid waste and recycling vehicles.

27. Interior Public Streets – Dedicate to provide for 50’ or 54’ of right-of-way in conformance with the City policy on street widths, and improve with curb, gutter, 5’ sidewalk adjacent to the curb, drive approaches, curb return ramps, streetlights, permanent paving, and all transitional paving as needed.

28. Interior Private Streets – For two-way traffic with no parking on both sides, the minimum travel width shall be 25’ with a clear width of 30’. For two-way traffic with parking on one side, the minimum travel width shall be 32’. For two-way traffic with parking on both sides, the minimum travel width shall be 36’.

29. Cul-De-Sacs - dedicate to provide for 52' radius and improve with curb, gutter, sidewalk, streetlights, 43' permanent paving and all transitional paving as needed.

30. Temporary Turnabouts – Dedicate to provide for a 48' radius and install 45' of permanent/temporary paving plus 3' paved swale at the north end of North Hamel Avenue.

31. Design a traffic signal at Behymer and North Baron Avenues, install the portion of the traffic signal at the southwest corner and provide the necessary right-of-way for the southwest corner portion of the traffic signal in its ultimate location.
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32. The applicant shall relinquish all vehicular access to Behymer Avenue, Perrin Avenue, North Hammel Avenue and North Baron Avenue for lots that back or side on these streets.

33. Community Corner Paseo – At the southwest corner of Behymer Avenue and North Baron Avenue, dedicate and provide for a community corner paseo per the Heritage Grove Design Guidelines.

34. The applicant shall design accommodations for a future pedestrian bridge crossing over the Enterprise Canal along the western limits of the project.

35. The applicant shall eliminate access to the existing pedestrian bridge over the Enterprise Canal.

36. The applicant shall provide a dedication for a 10' public utility easement, where applicable, along all frontages or alternate widths approved by the utility companies.

37. The applicant shall not install any fences, temporary or permanent in public right-of-way.

38. The applicant shall provide preliminary title report, legal description and drawings for all dedications required which are not on the site. All contact with owners, appraisers, etc. of the adjacent properties where dedication is needed shall be made only by the City. The City will prepare an estimate of acquisition costs including but not limited to appraised value, appraisal costs, negotiation costs, and administrative costs. The applicant shall pay such estimated costs as soon as they are determined by the City.

39. The applicant shall obtain "R Value" tests in quantity sufficient to represent all street areas, and have street structural sections designed by a registered civil engineer based on these "R Value" tests.

40. The applicant shall, at the ends of any permanent pavement abutting undeveloped property, install 2" x 6" redwood header boards that shall be placed prior to the street surfacing.

41. Standard barricades with reflectors shall be installed at ends of streets abutting undeveloped property and any other locations to be specified by the City Engineer.

6. Solid Waste Collection
Refuse Collection collects and disposes of solid waste generated by residential and commercial customers located within the City. Private vendors, under City contract, collect waste from select commercial customers and recyclables and yard wastes from residential customers. For improved cost accounting and control, the Refuse Collection Unit is further organized into four sub-accounts identified as Administration, Residential, Commercial, and Community Cleanup.

Refuse Landfill conducts all operations necessary to landfill City refuse in accordance with county, state, and federal requirements. The Clovis landfill is an active Class III landfill which accepts municipal solid waste that is currently permitted through the year 2053.

Refuse Contracts provides refuse-related services to the community through contracts with private vendors.

These include refuse compactor and roll-off services for larger businesses, and residential curbside recycling, and greenwaste programs.

7. Fire Protection
The Fire Department employs two primary measures in determining service for the community and future development. The first measure is distribution. “Distribution” describes station locations that allow for a rapid first-due response deployment to mitigate fire and medical aid emergencies before they result in further life/property loss. Distribution is measured by how much of the jurisdiction is covered by first due 2975
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units within our adopted response time goal of arrival within 5 minutes or less 90% of the time. The second term, “concentration” is a measure of how many multiple units are within sufficient proximity to provide the necessary tools, equipment and personnel, known as an effective response force, for a large scale incident or when another unit is assigned to a concurrent emergency. An initial effective response force is one that has been determined likely to stop the escalation of a fire emergency and bring it effectively under control.

In addition to these factors, Clovis Fire has conducted several station location studies over the last ten years to ensure efficient and effective operations. Stations have generally been located in between 4.5 to 5 mile squares near major street intersections. Previous studies identified various station configurations that could serve City growth depending on the type of development and infrastructure planned for these areas. Currently, the Clovis Fire Department operates out of five fire stations located throughout the City.

In determining desired levels of resource concentration to maintain existing standards and to provide equal protection to future growth areas, the Clovis Fire Department analyzed the risk assessment, call volume, population, critical task analysis, and industry standards. Depending on the factors previously noted, the number of units needed for an initial effective response force are dispatched as defined in the Critical Task Analysis document.

Consideration for community protection must also take into account utilization of Automatic Aid Agreements that provide the closest available resources, regardless of jurisdiction. Using software programs and data from neighboring jurisdictions, fire staff are able to analyze the concentration of units revealing detailed information regarding the deployment of resources necessary to provide an effective fire fighting force within defined response time goals for a geographic area neighboring other fire protection districts.

The Emergency Services Bureau is responsible for providing the resources needed by Fire Department staff who respond daily to requests for emergency and non-emergency services from the citizens of Clovis through four divisions: Operations, Support Services, Training, and Communications. The Operations Division activities include: responding to fires, first responder medical services, mutual/automatic aid, mapping, apparatus replacement, etc. The Training Division activities include coordination of recruitment, testing and training of new employees, in-service training for all Department employees and coordinated use of the Fire Training Center. Support Services Division activities include: apparatus maintenance, facilities maintenance, station supplies, etc. The Communications Division has responsibility for coordinating dispatch services to the Fire Department. Fire dispatch services are provided via a contract with the Fresno County Emergency Medical Services Division. Dispatch services coordinate the emergency response of all City fire resources and mutual or automatic aid resources. The Department continues to promote sound planning, economic efficiency, and effective use of the City resources while providing essential and valuable services.

The Life Safety and Enforcement Bureau is responsible for providing community risk reduction activities through two divisions: Fire Prevention and Emergency Preparedness. The Fire Prevention Division assists local businesses and building development though activities such as inspections and plan review to ensure safe occupancies comply with fire codes, standards, and local ordinances. Additional risk reduction is performed through public education where citizens learn about actions they can take to reduce their fire risk and learn emergency preparedness skills that are essential during times of crisis. Within the Bureau, the Investigations team has the responsibility to investigate all fires for cause and origin, and enforce minimum standards to safeguard life, health, property, and public welfare.

The Emergency Preparedness Division has the responsibility for preparing and carrying out emergency plans to protect property and the citizens of Clovis in case of actual or threatened conditions of disaster or extreme peril. This includes having an emergency plan in place, maintaining an Emergency Operations Center (EOC), ensuring policies and procedures are compliant with the National Incident Management System (NIMS) guidelines and exercises are conducted to evaluate system effectiveness. Within the Emergency Preparedness section are the Hazardous Materials Response Team and an Urban Search and 2976
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Rescue Team. These teams are capable of responding to emergency incidents that require specialized tools, equipment, and personnel. Some funding for this division is augmented by state and federal grants.

The Fire Administration Division is responsible for supporting all department operations, administering the Accreditation program, and the development and administration of the Fire Department budget. Fire Administration provides administrative analysis, report preparation, coordination of programs, incident response data management, timekeeping, and other routine duties performed daily that support the delivery of emergency and non-emergency services. Fire Administration also identifies, writes, and manages grants to supplement funding for all Department programs.

The following fire conditions have been placed on the project:

42. Street Width: Fire apparatus access width shall be determined by measuring from “base of curb” to “base of curb” for roadways that have curbs. When roadways do not have curbs, the measurements shall be from the edge of the roadway surface (approved all weather surface).

43. Street Width for Single Family Residences: Shall comply with Clovis Fire Standard #1.1

44. Minimum Access Road Width of 36 feet for Single Family Residences. Roads 36 feet or wider allow for Parking on both sides of street. Access roads near fire department access gates shall be a minimum of 20’ in width and marked as fire lanes.

45. Fire Lane: The fire lanes shall be posted with signs and/or the curbs shall be painted red as per Clovis Fire Department Standard #1.1 and identified on site plan.

46. Security Gates: All security gates shall comply with Clovis Fire Department Gates Standard #1.5.

Plans shall be submitted for review and permits issued by Fire Department prior to installation.

Gates shall be inspected and tested for operation prior to any occupancy.

47. Turning Radius: All access way roads constructed shall be designed with a minimum outside turning radius of forty-five feet (45’)

48. Temporary Street Signs: The applicant shall install temporary street signs that meet City Temporary Street Sign Standard #1.9 prior to issuance of building permits within a subdivision.

49. All Weather Access &Water Supply: The applicant shall provide all weather access to the site during all phases of construction to the satisfaction of the approved Clovis Fire Department Standard #1.2 or #1.3.

50. Two Points of Access: Any development to this parcel will require a minimum of two (2) points of access to be reviewed and approved by the Clovis Fire Department. All required access drives shall remain accessible during all phases of construction which includes paving, concrete work, underground work, landscaping, perimeter walls.

51. Residential Fire Hydrant: The applicant shall install (number and location to be determined with civil drawings) 4 ½” x 2 ½” approved Residential Type fire hydrant(s) and “Blue Dot” hydrant locators, paint fire hydrant(s) yellow with blue top and caps, and paint the curb red as specified by the adopted Clovis Fire Department Standard #1.4. Plans shall be submitted to the Clovis Fire Department for review and approval prior to installation. The hydrant(s) shall be charged and in operation prior to any framing or combustible material being brought onto the site.

52. Looped Water Main: The applicant shall install approved looped water main capable of the necessary flow of water for adequate fire protection and approved by the Clovis Fire Department 2977
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8. Law Enforcement
The responsibility of the Police Department is to provide protection and police-related services to the community. The Department’s mission is to do this in a manner that builds public confidence and improves the quality of life in Clovis. Police headquarters is located at the Clovis Civic Center. Currently, the Police Department is allotted for 112 sworn officers. The current ratio is 0.90 sworn officers per 1,000 residents.

In accordance with the recommendations contained in the Police Department Master Service Plan, the Police Department will seek funding to achieve and maintain a ratio of 1.3 officers per 1,000 residents.

Police protection to the unincorporated areas is provided by the Fresno County Sheriff and California Highway Patrol. The City has a mutual aid assistance agreement with both agencies.

The operations of the Police Department, now and as the City grows, will be funded through the General Fund, Community Facilities District (CFD) fund, and grants. It is noted that continued annexation and development without proportionate increase in the funding of safety services will have an effect on the city’s ability to maintain acceptable service levels. If unable to maintain acceptable service levels, the department will have to reduce response to certain calls and possibly eliminate other services altogether. This reduction of services will greatly impact our citizens and the quality of life in our community.

The Department is organized into three major divisions, which are composed of seven budgetary sections.

The following Police Department conditions have been placed on the project:

53. Construction work shall be limited to the hours set forth in the Clovis Municipal Code. (CMC §

5.27.604.)

54. It shall be the responsibility of the property owner to maintain the structures and adjoining fences to the project free of graffiti. All forms of graffiti shall be removed within 48 hours. (CMC §§

5.27.101.)

55. Emergency phone numbers for responsible parties shall be kept current during the building phase of the project.

56. All construction materials shall be located within a secured area or monitored by security staff during non-construction hours.

9. Parks & Recreation
The Parks Section provides maintenance to City parks, trails and trail lighting, street landscaping, City trees, and numerous recreational facilities, including playgrounds and picnic sites; maintains Old Town streetscape; and provides grounds maintenance at City administrative facilities. Some of these areas are maintained by Parks personnel, while others are maintained through contracts administered by the Parks section. Parks also provides support for civic activities such as hanging banners and decorating for Christmas, Rodeo Weekend, Big Hat Days, and Farmer's Market. The Parks Section administers the Landscape Maintenance District (LMD), which provides funding for maintenance of certain parks, trails, street landscaping, streetlights, and neighborhood architectural enhancement features for areas within the Landscape Maintenance District. All City owned landscaping that is not within the LMD is funded through the General Fund.

Tract Map 6343 proposes to construct one neighborhood park with open space and fixed fitness equipment.

The Project will also install a 50-foot-wide right-of-way along the north side of Perrin Avenue between Baron and Hammel Avenues, that will accommodate a 10-foot-wide meandering concrete trail with an intersecting 5-foot-wide decomposed granite running path. The trail will connect to the neighborhood park by enhanced 2978
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pedestrian crossing over Perrin Avenue and will continue in a different form north along the west side of Hammel Avenue.

10. Transit Services
The Community Services Division administers various senior citizen programs at the Clovis Senior Activity Center. The Division also administers the City’s Round-Up demand-response transit program, the fixedroute Stageline transit program, and administers the City’s contract with Fresno Area Express (FAX). User fees, and state and federal transit funds and grants support the transit service.

11. Storm Drainage
Storm Drain responds to significant rainfall events by providing sand bags, pumping of flooded areas, monitoring stream channels, placing warning signage, and pumping temporary storm drain basins when needed. It also provides pre-storm cleaning of drain inlets to ensure debris do not hamper proper operation of the storm drain collection system. As development occurs, applicants will be required to construct storm drainage facilities in accordance with the standard and requirements of the Fresno Metropolitan Flood Control District. Specific conditions for improvements to the storm drainage system will be issued as development projects are proposed and approved.

12. Street Lighting
The City is responsible for maintenance of traffic signals, the cost of energy/repairs/replacements for PG&Eowned streetlights within the City, energy and materials for City-owned streetlights, and maintenance of City-owned streetlights.

The following street light condition has been placed on the project:

57. Streetlights along the major streets shall be installed on metal poles to local utility provider’s standards at the locations designated by the City Engineer. Street light locations shall be shown on the utility plans submitted with the final map for approval. Streetlights at future traffic signal locations shall be installed on approved traffic signal poles, including all conduits and pull boxes.

Streetlights along the major streets shall be owned and maintained by local utility providers. Proof of local utility provider’s approval shall be provided. The applicant may install thematic lighting, as approved by the City Engineer. If the applicant chooses to install thematic lighting, the applicant shall provide a conceptual lighting plan identifying adjacent properties that may be incorporated with thematic lights to create a neighborhood effect. Thematic lighting owned by the City shall be maintained by an additional landscape maintenance assessment.

13. Schools
The City of Clovis and its sphere of influence lies primarily within the Clovis Unified School District (CUSD).

The portion the sphere of influence within the Loma Vista Specific Plan, east of the Highland Avenue alignment lies within the Sanger Unified School District (SUSD). Only a small portion of the southwest area of the city lies in the Fresno Unified School District (FUSD). These districts are affected by residential growth in the Clovis area. The area of the City serviced by FUSD is fully built-out and future development within the City’s sphere of influence will not affect this district.

14. Other Services
Pacific Gas and Electric (PG&E) provides gas and electrical service to the City of Clovis, its sphere of influence, and Fresno County. Electrical service is supplied by underground and overhead lines routed through three substations in the greater Clovis area. The hierarchy of establishing electrical power lines from generation stations to customers is as follows: transmission distribution; sub-transmission; and 2979
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service. PG&E provides gas to customers through plastic and steel underground lines. Residents not serviced by PG&E use propane fuel.

15. Financing of Services and Facilities
The City Council has established fiscal policies that govern the city’s financial administration and are designed to safeguard the City’s assets, provide a stable funding base, and ensure that adequate accounting data are compiled. These accounting data allow for the preparation of various accounting reports such as the annual budget and the annual year-end financial report. Following are the financial policies that provide the basis for the financial direction of the city.  The City’s budget policy states that all operating budgets shall be balanced and ongoing costs will not exceed current revenues plus available fund balance that exceeds reserve requirements. The minimum reserve for any operational fund is 10% of the budgeted expenditures with the goal for reserves of 15% of budgeted expenditures unless capital borrowing or extraordinary fiscal conditions require that higher levels of reserves be maintained. As discussed during the five-year forecast, the General Fund target reserve is now set at 25%, the current General Fund reserve is approximately 16.5%. Budgetary and purchasing controls have been instituted that ensure adherence to the adopted budget.
 The Enterprise Funds are to be fully supported by user fees and charges, and the Internal Services Funds are to be funded at appropriate levels to ensure reasonable ability to respond to unforeseen events. Annually, the City has designated a contribution of general funds to the General Government Services Fund (an Internal Service Fund) to address the building space needs for new fire stations, safety training facilities, regional park facilities, business and industrial parks, upgrades and new technology for improved productivity, and major remodeling, repairs, or additions to existing facilities.
 The City will not issue long-term debt to cover current operations. The City will consider the issuance of long-term debt to purchase/build capital assets when those assets will benefit users over several years and it is determined that it is more equitable to spread the capital investment and financing costs of the asset to current and future users of the asset.  Annually the City will have an independent audit of its financial records prepared by a certified public accountant pursuant to generally accepted auditing practices of the government finance industry and submit an annual financial report to the City Council by December 31 for the previous fiscal year.
 Fees for services will be charged directly to users of the services when appropriate and should cover the full cost of service delivery. Fees are to be reviewed on an annual basis to ensure that the fee is appropriate for the service provided compared to actual cost or an approved cost index.  Development impact fees will be established to ensure that new growth pays the cost of infrastructure improvements and is not a burden to existing tax payers.  The City will invest available cash assets in a manner consistent with the safeguards and diversity that a prudent investor would adhere to with primary emphasis on preservation of principal, sufficient liquidity to cover anticipated payment outflows, and high yields consistent with the first two goals. The City’s investments will be consistent with Section 53601 of the Government Code of the State of California that identifies which types of investments are eligible for investment of public funds and the maximum percentage of an investment portfolio that is allowed for any one investment.

The City is in compliance with all of its financial policies. 2980
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16. California Environmental Quality Act (CEQA) Compliance The City of Clovis has completed an environmental review (an assessment of the Project’s impact on natural and manmade environments) of the proposed project, as required by the State of California. The analysis performed for the Project required the preparation of an environmental impact report (EIR). A Draft EIR was completed in January 2024 and was made available for review by affected agencies and the public between January 12, 2024, and March 4, 2024. The Final EIR for the proposed Project has been prepared in accordance with the State CEQA Guidelines. Findings to this effect were made by the Council in conjunction with its approval of the Project.
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TO: Clovis City Council
FROM: Planning and Development Services
DATE: May 20, 2024
SUBJECT: Consider Introduction - Ord. 24-___, R2024-001, An ordinance of the City Council approving an exemption from further environmental review under CEQA Guidelines Section 15183, and approving a rezone, adjusting the existing zoning designation from the R-1-7500 (Single Family Residential – 7,500 sq. ft.) Zone District to the C-P (Administrative and Professional Office) Zone District for the property located at 488 N. Armstrong Avenue. Dale and Mary De Geode, owner; GMA Engineering, applicant and representative.

Staff: Marissa Jensen, Assistant Planner
Recommendation: Approve
ATTACHMENTS: 1. Ord. 24-___, R2024-001

2. Conceptual Site Plan, Floor Plans & Elevations

3. Correspondence from Commenting Agencies

CONFLICT OF INTEREST
Councilmembers should consider recusal if a campaign contribution exceeding $250 has been received from the project proponent (developer, applicant, agent, and/or participants) within the preceding 12 months (Government Code 84308).

RECOMMENDATION
Staff and the Planning Commission recommend that the City Council introduce an ordinance approving Rezone 2024-001 and adopting a finding that the Project is exempt from further environmental review pursuant to California Environmental Quality Act (“CEQA”) Guidelines section 15183.

EXECUTIVE SUMMARY
As shown in Figure 1 on the following page, the applicant is requesting approval of a rezone, adjusting the existing zoning designation of the ±1.3-acre site from the R-1-7500 (Single Family Residential – 7,500 sq. ft.) Zone District to the C-P (Administrative and Professional Office) Zone District (“Project”). The General Plan designates the subject property as O (Office), which is inconsistent with the property’s current residential zone district. The approval of this rezone would remedy the inconsistency between the existing General Plan land use and zoning

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designations. In addition, approval of this rezone will allow the developer to move forward with the infill development of the site.

FIGURE 1 Project Location

BACKGROUND
 General Plan Designation: O (Office)
 Existing Zoning: R-1-7500 (Single Family Residential – 7,500 sq. ft.)  Lot Size: ±1.3 acres
 Current Land Use: Single Family Residence
 Adjacent Land Uses:
o North: Rural Residential
o South: Office
o East: Commercial
o West: Office
 Previous Entitlements: GPA94-01 & 2004-13
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Records indicate the subject parcel has remained a rural residential property with a single-family residence since the property’s annexation into the City in 1991. The Herndon Armstrong Professional Center development is located immediately south of the Project site, at the northwest corner of Herndon and Armstrong Avenues. The multi-building office complex was developed as a cohesive Planned Unit Development, approved, and established through Conditional Use Permit 2005-21 and Tract Map 5616.

PROPOSAL AND ANALYSIS
The applicant is requesting approval of this rezone to rectify the existing inconsistent zoning designation of the ±1.3-acre subject site, adjusting from the R-1-7500 (Single Family Residential – 7,500 sq. ft.) Zone District to the appropriate C-P (Administrative and Professional Office) Zone District.

Through the rezone process, the zoning on the subject property will be made consistent with the existing General Plan designation. Once consistency is achieved, the property will be viable for infill development in accordance with the General Plan. If the proposed application is approved, the applicant intends to move forward with a site plan review application for two (2) ±5,000 square foot office buildings, consistent with those directly to the south of the subject site as shown conceptually in Attachment 2.

Existing Site and Surrounding Area
The Project is located on a ±1.3-acre site with offices to the south, rural residences to the north, property zoned C-2 (Community Commercial) that is currently under construction for an office building to the east, and a medical office building to the west. The proposed development will not create any negative impacts to the existing land uses and contributes to the planned development of the area.

General Plan and Zoning Consistency
California State Planning and Zoning Law requires that cities maintain consistent zoning per the General Plan. The General Plan land use diagram designates land use types for properties, while the zoning regulates development and uses on properties. The purpose of the Zoning Code is to implement the General Plan, thus necessitating consistency between the two. The City’s General Plan was most recently updated in 2014 through General Plan Amendment 2014-

9. At that time, the land use designation of the site was modified from M-U (Mixed-Use) to O (Office). However, no modifications to the parcel’s zoning (R-1-7500) were made in conjunction with the 2014 General Plan Update, thus creating a non-conforming situation.

As indicated earlier in this report, the Project site has a current zoning designation of R-1-7500 (Single Family Residential – 7,500 sq. ft.). This zone district is associated with single-family uses and development and is consistent with the Low-Density Residential land use designation of the General Plan. In accordance with City practice, the existing single-family residential use cannot be intensified because of the inconsistency between the zoning and the general plan designation. However, the use and property, as it exists, may continue until redevelopment is proposed. New development must be in accordance with the General Plan land use diagram.

This will require that the zoning is brought into consistency with the General Plan designation.

In this situation, the proposed rezone to the C-P (Administrative and Professional Office) Zone District is consistent with the Office General Plan land use designation of the property. 2984
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Planning Commission
The Planning Commission considered R2024-001 at its regular meeting on April 18, 2024. No public testimony was offered regarding the Project. After considering the Project, the Planning Commission adopted a resolution recommending approval of R2024-001 with a 4-0-1 vote.

Commissioner Bedsted was absent from the meeting.

Review and Comments by Agencies
The Project was distributed to all City Divisions as well as outside agencies, including Caltrans, Clovis Unified School District, Fresno Irrigation District, Fresno Metropolitan Flood Control District, AT&T, PG&E, and the San Joaquin Valley Air Pollution Control District.

Comments received are attached (Attachment 3) only if the agency has provided concerns, conditions, or mitigation measures. Routine responses and comment letters are placed in the administrative record and provided to the applicant for their records.

Public Comments
The City published notice of this public hearing in The Business Journal on Friday, May 10, 2024. A public notice was also sent to property owners within a minimum of 600 feet of the project site boundaries. Staff has not received any inquiries prior to the finalization of the staff report.

California Environmental Quality Act (CEQA)
The City has determined that no additional environmental review is required for this Project pursuant to CEQA Guidelines Section 15183. Section 15183 mandates that projects with the development density established by existing zoning, community plan, or general plan policies for which an environmental impact report (EIR) was certified shall not require additional environmental review, except as might be necessary to examine whether there are projectspecific significant effects which are peculiar to the project or its site. (Cal. Code Regs., Tit. 14, § 15183, subd. (a).)
In this case, the Project has been identified to be consistent with the EIR that was previously certified for the 2014 General Plan Update in September 2014. The EIR accounted for growth and development in the Plan Area through 2035 and beyond. If approved, this project would bring the project site into conformance with the planned land use designation prescribed in the 2014 General Plan Update. An analysis of the Project in relation to the EIR and technical memos provided, determined that there are no peculiarities of the Project that differ from the features identified and analyzed in EIR. Additionally, the overall size and location of the Project is consistent with the existing office designation for this specific location through the General Plan.

Therefore, a Notice of Exemption has been completed. Staff will file the notice with the County Clerk if the Project is approved.

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
The Project is consistent with the goals and policies of the General Plan, and the Clovis Municipal Code (CMC). Based on the following findings, staff and the Planning Commission 2985
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recommend that the City Council approve rezone application R2024-001, to adjust the inconsistent zoning designation of the Project site from the R-1-7500 (Single Family Residential – 7,500 sq. ft.) Zone District to the appropriate C-P (Administrative and Professional Office) Zone District.

Rezone 2024-001
The findings to consider when making a decision on a rezone application include:

1. The proposed rezone is consistent with the goals, policies, and actions of the General Plan.

The Project will correct the inconsistency between the existing land use designation and zoning district. The proposed rezone to the C-P Zone District is consistent with the existing Office land use designation of the General Plan. Goal 6 of the General Plan Land Use Element is a City that grows and develops in a manner that implements its vision, sustains the integrity of its guiding principles, and requires few and infrequent amendments to the General Plan. By rezoning the subject property to C-P, the land use designation and zoning will be consistent, and the property will be developed in accordance with the planned land use.

2. The proposed rezone would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.

The Project will not be detrimental to the public interest, health, safety, and convenience, or general welfare of the City. The Project will be developed according to the planned land use. The proposed development associated with the Project will comply with all applicable CMC standards. The Project has been reviewed by the City Departments and no concerns were expressed.

3. The proposed rezone is internally consistent with other applicable provisions of the Development Code.

If approved, the development portion of the proposed Project would be subject to review under the site plan review process. Site specific details will be evaluated to ensure that applicable development requirements of the CMC are met.

4. The parcel is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning designations and anticipated land uses/projects.

The Project is physically suitable for the type and intensity of development proposed by the applicant. It is surrounded by office uses and is on a parcel that can adequately be served by utilities and accessed by its members. The proposed development has undergone scrutiny through the City’s preliminary application process (Development Review Committee), confirming the site's physical suitability for accommodating the proposed project. Attachment 2 presents a conceptual depiction of the proposed development. Further evaluation will occur through the site plan review process to ensure 2986
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compliance with all development standards. While minor adjustments to the site plan and elevations may be necessary during this review, they are not anticipated to impede the developability of the site itself.

ACTIONS FOLLOWING APPROVAL
The developer will proceed with the infill development of the site where site specific details of the development are reviewed by staff.

Prepared by: Marissa Jensen, Assistant Planner
Reviewed by: City Manager JH
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Attachment 1
ORDINANCE 24-____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLOVIS AMENDING AND

CHANGING THE OFFICIAL ZONE MAP OF THE CITY OF CLOVIS IN ACCORDANCE WITH SECTION 9.080.020 OF THE CLOVIS MUNICIPAL CODE TO REZONE APPROXIMATELY

1.3 ACRES FROM THE R-1-7500 (SINGLE FAMILY RESIDENTIAL – 7,500 SQ. FT.) ZONE

DISTRICT TO THE C-P (ADMINISTRATIVE AND PROFESSIONAL OFFICE) ZONE DISTRICT

FOR PROPERTY LOCATED NEAR THE NORTHWEST CORNER OF HERNDON AND

ARMSTRONG AVENUES AND ADOPTING AN EXEMPTION FROM FURTHER ENVIRONMENTAL REVIEW UNDER CEQA GUIDELINES SECTION 15183 WHEREAS, GMA Engineering (Applicant and Representative), 7337 N. First Street, Suite 110, Fresno, CA, 93720, applied for Rezone 2024-001 to adjust the existing zoning designation from the R-1-7500 (Single Family Residential – 7,500 sq. ft.) Zone District to the C-P (Administrative and Professional Office) Zone District for property located at 488 N. Armstrong Avenue, in the City of Clovis (Project); and
WHEREAS, the purpose of Rezone 2024-001 is to bring the zoning into conformance with the existing O (Office) General Plan land use designation, by rezoning the subject site to the C-P (Administrative and Professional Office) Zone District, thereby allowing the Project site to be developed in accordance with the General Plan; and
WHEREAS, the Planning Commission held a duly noticed public hearing on April 18, 2024, to consider the Project approval, at which time interested persons were given opportunity to comment on the Project; and
WHEREAS, the Planning Commission voted and recommended that the City Council approve Rezone R2024-001; and
WHEREAS, the Planning Commission’s recommendations were forwarded to the City Council for consideration; and
WHEREAS, the City published notice of the public hearing in The Business Journal on Friday, May 10, 2024, mailed public notices to property owners within a minimum of 600 feet of the Project site more than ten (10) days prior to the City Council hearing, and otherwise posted notice of the public hearing according to applicable law; and WHEREAS, the City Council held a duly noticed public hearing on May 20, 2024; and WHEREAS, the City Council considered the California Environmental Quality Act (“CEQA”) analysis outlined in the staff report and elsewhere in the Administrative Record which determined that no additional environmental review is required for this Project pursuant to CEQA Guidelines section 15183; and
WHEREAS, the City Council has had an opportunity to review and consider the entire Administrative Record relating to the Project, which is on file with the Department, and reviewed and considered those portions of the Administrative Record determined to be necessary to make an informed decision, including, but not necessarily limited to, the staff report and staff presentation, the written materials submitted with the request, and the verbal and written testimony and other evidence presented during the public hearing. 2988
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NOW, THEREFORE, BASED UPON THE ENTIRE RECORD OF THE PROCEEDINGS, THE CITY COUNCIL FINDS AS FOLLOWS:

1. The City Council finds that the Project is consistent with the City’s General Plan land use designation and is therefore exempt from further environmental review under the California Environmental Quality Act (“CEQA”), pursuant to CEQA Guidelines section 15183.

2. The Planning Commission hereby recommends that the City Council adopt an exemption from further environmental review pursuant to CEQA Guidelines section 15183.

3. The City Council hereby finds that the Project satisfies the required findings for approval of a Rezone, as follows:
a. The proposed rezone is consistent with the goals, policies, and actions of the City’s General Plan.
b. The proposed rezone would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.
c. The proposed rezone is internally consistent with other applicable provisions of the Development Code.
d. The Property is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning designation and development of the Project.

4. The basis for the findings is detailed in the May 20, 2024 staff report, which is hereby incorporated by reference, the entire Administrative Record, as well as the evidence and comments presented during the public hearing.

Section 1 The official map of the city is amended in accordance with Section 9.08.020 and Chapter 9.86 of the Clovis Municipal Code by rezoning certain land in the City of Clovis, County of Fresno, State of California, to wit:

LEGAL DESCRIPTION:

See the attached Attachment A.

From the R-1-7500 (Single Family Residential – 7,500 sq. ft.) Zone District to the C-P (Administrative and Professional Office) Zone District.

Section 2 This Ordinance shall go into effect and be in full force from and after thirty (30) days after its final passage and adoption.
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APPROVED: May 20, 2024
______________________________ ______________________________ Mayor City Clerk
* * * * * * * * * *
The foregoing Ordinance was introduced and read at a regular meeting of the City Council held on _______________, and was adopted at a regular meeting of said Council held on _____________, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:
_______________________________
City Clerk
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ATTACHMENT A

LEGAL DESCRIPTION
Legal Description:

The East 1/2 of Lot 1 of Nees Colony, according to the Map thereof recorded in Book 2, Page 57 of Records of Surveys Fresno County Records.

EXCEPTING THEREFROM the West 169.04 feet
ALSO EXCEPTING THEREFROM THE SOUTH 516.25 feet thereof
APN: 563-135-37
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Attachment 2
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Fresno Metropolitan Flood Control District Capturing Stormwater since 1956 k:\letters\rezone letters\clovis\2024\2024-001(7d)(rv).docx 5469 E. Olive Avenue • Fresno, CA 93727 • (559) 456-3292 • FAX (559) 456-3194 www.fresnofloodcontrol.org
File 210.432 “2024-001”
210.434 “2024-001”
310. “7D”
March 1, 2024
Ms. Marissa Jensen, Assistant Planner
City of Clovis
Department of Planning & Development Services
1033 Fifth Street
Clovis, CA 93612
Dear Ms. Jensen,
Rezone Application No. R2024-001
West Side of Armstrong Avenue North of Herndon Avenue
Drainage Area “7D”
The proposed rezone lies within the District’s Drainage Areas “7D”. Based on information submitted at this time, the District’s system can accommodate the proposed rezone.

Please contact us if you need further information at (559) 456-3292.

Sincerely,
Robert Villalobos
Design Technician III
RV/lrl
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Marissa Jensen
City of Clovis
Planning and Development Services
1033 Fifth Street
Clovis, CA 93612
Project: Site Plan Review 2024-001, Rezone 2024-001
District CEQA Reference No: 20240171
Dear Ms. Jensen,
The San Joaquin Valley Air Pollution Control District (District) has reviewed the Site Plan Review (SPR) from the City of Clovis (City). Per the SPR, the project consists of two (2) 5,000 square foot shell office buildings and a rezone of 1.3 acres (Project). The Project is located at the northwest corner of Herndon and Armstrong, Clovis.

The District offers the following comments at this time regarding the Project:

Project Related Emissions
At the federal level under the National Ambient Air Quality Standards (NAAQS), the District is designated as extreme nonattainment for the 8-hour ozone standards and serious nonattainment for the particulate matter less than 2.5 microns in size (PM2.5) standards. At the state level under California Ambient Air Quality Standards (CAAQS), the District is designated as nonattainment for the 8-hour ozone, PM10, and PM2.5 standards.

Based on information provided to the District, Project specific annual criteria pollutant emissions from construction and operation are not expected to exceed any of the significance thresholds as identified in the District’s Guidance for Assessing and Mitigating Air Quality Impacts (GAMAQI):
https://ww2.valleyair.org/media/g4nl3p0g/gamaqi.pdf.
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Construction Emissions
The District recommends, to reduce impacts from construction-related diesel exhaust emissions, the Project should utilize the cleanest available off-road construction equipment.

Health Risk Screening/Assessment
To determine potential health impacts on surrounding receptors (residences, businesses, hospitals, day-care facilities, health care facilities, etc.) a Prioritization and/or a Health Risk Assessment (HRA) should be performed for the Project. These health risk determinations should quantify and characterize potential Toxic Air Contaminants (TACs) identified by the Office of Environmental Health Hazard Assessment/California Air Resources Board (OEHHA/CARB) that pose a present or potential hazard to human health.

Health risk analyses should include all potential air emissions from the project, which include emissions from construction of the project, including multi-year construction, as well as ongoing operational activities of the project. Note, two common sources of TACs can be attributed to diesel exhaust emitted from heavy-duty off-road earth moving equipment during construction, and from ongoing operation of heavy-duty on-road trucks.

Prioritization (Screening Health Risk Assessment):

A “Prioritization” is the recommended method for a conservative screening-level health risk assessment. The Prioritization should be performed using the California Air Pollution Control Officers Association’s (CAPCOA) methodology. Please contact the District for assistance with performing a Prioritization analysis.

The District recommends that a more refined analysis, in the form of an HRA, be performed for any project resulting in a Prioritization score of 10 or greater. This is because the prioritization results are a conservative health risk representation, while the detailed HRA provides a more accurate health risk evaluation.

Health Risk Assessment:

Prior to performing an HRA, it is strongly recommended that land use agencies/ project proponents develop and submit for District review a health risk modeling protocol that outlines the sources and methodologies that will be used to perform the HRA.

A development project would be considered to have a potentially significant health risk if the HRA demonstrates that the health impacts would exceed the District’s established risk thresholds, which can be found here:
https://ww2.valleyair.org/permitting/ceqa/.
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A project with a significant health risk would trigger all feasible mitigation measures.

The District strongly recommends that development projects that result in a significant health risk not be approved by the land use agency.

The District is available to review HRA protocols and analyses. For HRA submittals please provide the following information electronically to the District for review:
• HRA (AERMOD) modeling files
• HARP2 files
• Summary of emissions source locations, emissions rates, and emission factor calculations and methodologies.

For assistance, please contact the District’s Technical Services Department by:
• E-Mailing inquiries to: [email protected]
• Calling (559) 230-5900
Recommended Measure: Development projects resulting in TAC emissions should be located an adequate distance from residential areas and other sensitive receptors to prevent the creation of a significant health risk in accordance to CARB's Air Quality and Land Use Handbook: A Community Health Perspective located at https://ww2.arb.ca.gov/our-work/programs/resource-center/strategydevelopment/land-use-resources.

Ambient Air Quality Analysis
An Ambient Air Quality Analysis (AAQA) uses air dispersion modeling to determine if emissions increases from a project will cause or contribute to a violation of State or National Ambient Air Quality Standards. The District recommends an AAQA be performed for the Project if emissions exceed 100 pounds per day of any pollutant.

An AAQA uses air dispersion modeling to determine if emission increase from a project will cause or contribute to a violation of State or National Ambien Air Quality Standards. An acceptable analysis would include emissions from both projectspecific permitted and non-permitted equipment and activities. The District recommends consultation with District staff to determine the appropriate model and input data to use in the analysis.

Specific information for assessing significance, including screening tools and modeling guidance, is available online at the District’s website:
https://ww2.valleyair.org/permitting/ceqa/.
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Vegetative Barriers and Urban Greening
There are residential units located north and south and medical offices located south and west of the Project. The District suggests the City consider the feasibility of incorporating vegetative barriers and urban greening as a measure to further reduce air pollution exposure on sensitive receptors (e.g., residential units and medical offices).

While various emission control techniques and programs exist to reduce air quality emissions from mobile and stationary sources, vegetative barriers have been shown to be an additional measure to potentially reduce a population’s exposure to air pollution through the interception of airborne particles and the update of gaseous pollutants. Examples of vegetative barriers include, but are not limited to the following: trees, bushes, shrubs, or a mix of these. Generally, a higher and thicker vegetative barrier with full coverage will result in greater reductions in downwind pollutant concentrations. In the same manner, urban greening is also a way to help improve air quality and public health in addition to enhancing the overall beautification of a community with drought tolerant, low-maintenance greenery.

Clean Lawn and Garden Equipment in the Community
Since the Project consists of commercial development, gas-powered commercial lawn and garden equipment have the potential to result in an increase of NOx and PM2.5 emissions. Utilizing electric lawn care equipment can provide residents with immediate economic, environmental, and health benefits. The District recommends the Project proponent consider the District’s Clean Green Yard Machines (CGYM) program which provides incentive funding for replacement of existing gas powered lawn and garden equipment. More information on the District CGYM program and funding can be found at: https://ww2.valleyair.org/grants/zero-emission-landscapingequipment-voucher-program/.

On-Site Solar Deployment
It is the policy of the State of California that renewable energy resources and zerocarbon resources supply 100% of retail sales of electricity to California end-use customers by December 31, 2045. While various emission control techniques and programs exist to reduce air quality emissions from mobile and stationary sources, the production of solar energy is contributing to improving air quality and public health. The District suggests that the City consider incorporating solar power systems as an emission reduction strategy for the Project. 3004
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Electric Infrastructure
To support and accelerate the installation of electric vehicle charging equipment and development of required infrastructure, the District offers incentives to public agencies, businesses, and property owners of multi-unit dwellings to install electric charging infrastructure (Level 2 and 3 chargers). The purpose of the District’s Charge Up! Incentive program is to promote clean air alternative-fuel technologies and the use of low or zero-emission vehicles. The District recommends that the City and project proponents install electric vehicle chargers at project sites, and at strategic locations.

Please visit www.valleyair.org/grants/chargeup.htm for more information.

District Rules and Regulations
The District issues permits for many types of air pollution sources, and regulates some activities that do not require permits. A project subject to District rules and regulations would reduce its impacts on air quality through compliance with the District’s regulatory framework. In general, a regulation is a collection of individual rules, each of which deals with a specific topic. As an example, Regulation II (Permits) includes District Rule 2010 (Permits Required), Rule 2201 (New and Modified Stationary Source Review), Rule 2520 (Federally Mandated Operating Permits), and several other rules pertaining to District permitting requirements and processes.

The list of rules below is neither exhaustive nor exclusive. Current District rules can be found online at: www.valleyair.org/rules/1ruleslist.htm. To identify other District rules or regulations that apply to future projects, or to obtain information about District permit requirements, the project proponents are strongly encouraged to contact the District’s Small Business Assistance (SBA) Office at (559) 230-5888.

District Rules 2010 and 2201 - Air Quality Permitting for Stationary Sources
Stationary Source emissions include any building, structure, facility, or installation which emits or may emit any affected pollutant directly or as a fugitive emission. District Rule 2010 (Permits Required) requires operators of emission sources to obtain an Authority to Construct (ATC) and Permit to Operate (PTO) from the District. District Rule 2201 (New and Modified Stationary Source Review) requires that new and modified stationary sources of emissions mitigate their emissions using Best Available Control Technology (BACT).

This Project may be subject to District Rule 2010 (Permits Required) and Rule 2201 (New and Modified Stationary Source Review) and may require District 3005
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permits. Prior to construction, the Project proponent should submit to the District an application for an ATC. For further information or assistance, the project proponent may contact the District’s SBA Office at (559) 230-5888.

District Rule 9510 - Indirect Source Review (ISR)
The Project is subject to District Rule 9510 because it will receive a projectlevel discretionary approval from a public agency and will equal or exceed 2,000 square feet of commercial space.

The purpose of District Rule 9510 is to reduce the growth in both NOx and PM emissions associated with development and transportation projects from mobile and area sources; specifically, the emissions associated with the construction and subsequent operation of development projects. The ISR Rule requires developers to mitigate their NOx and PM emissions by incorporating clean air design elements into their projects. Should the proposed development project clean air design elements be insufficient to meet the required emission reductions, developers must pay a fee that ultimately funds incentive projects to achieve off-site emissions reductions.

Per Section 5.0 of the ISR Rule, an Air Impact Assessment (AIA) application is required to be submitted no later than applying for project-level approval from a public agency. As of the date of this letter, the District has not received an AIA application for this Project. Please inform the project proponent to immediately submit an AIA application to the District to comply with District Rule 9510 so that proper mitigation and clean air design under ISR can be incorporated into the Project’s design.

Information about how to comply with District Rule 9510 can be found online at:
https://ww2.valleyair.org/permitting/indirect-source-review-rule-overview The AIA application form can be found online at:
https://ww2.valleyair.org/permitting/indirect-source-review-rule-overview/formsand-applications/ District staff is available to provide assistance and can be reached by phone at (559) 230-5900 or by email at [email protected].

District Rule 4002 (National Emissions Standards for Hazardous Air Pollutants)
In the event an existing building will be renovated, partially demolished or removed, the Project may be subject to District Rule 4002. This rule requires a thorough inspection for asbestos to be conducted before any regulated facility is demolished or renovated. Information on how to comply with District Rule 3006
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4002 can be found online at: https://ww2.valleyair.org/compliance/demolitionrenovation/ District Rule 4601 (Architectural Coatings)
The Project may be subject to District Rule 4601 since it is expected to utilize architectural coatings. Architectural coatings are paints, varnishes, sealers, or stains that are applied to structures, portable buildings, pavements or curbs.

The purpose of this rule is to limit VOC emissions from architectural coatings.

In addition, this rule specifies architectural coatings storage, cleanup and labeling requirements. Additional information on how to comply with District Rule 4601 requirements can be found online at:
https://ww2.valleyair.org/media/tkgjeusd/rule-4601.pdf
District Regulation VIII (Fugitive PM10 Prohibitions)
The project proponent may be required to submit a Construction Notification Form or submit and receive approval of a Dust Control Plan prior to commencing any earthmoving activities as described in Regulation VIII, specifically Rule 8021 – Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities.

Should the project result in at least 1-acre in size, the project proponent shall provide written notification to the District at least 48 hours prior to the project proponents intent to commence any earthmoving activities pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). Also, should the project result in the disturbance of 5- acres or more, or will include moving, depositing, or relocating more than 2,500 cubic yards per day of bulk materials, the project proponent shall submit to the District a Dust Control Plan pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). For additional information regarding the written notification or Dust Control Plan requirements, please contact District Compliance staff at (559) 230-5950.

The application for both the Construction Notification and Dust Control Plan can be found online at: https://ww2.valleyair.org/media/fm3jrbsq/dcp-form.docx Information about District Regulation VIII can be found online at:
https://ww2.valleyair.org/dustcontrol
Other District Rules and Regulations
The Project may also be subject to the following District rules: Rule 4102 (Nuisance) and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations).
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District Comment Letter
The District recommends that a copy of the District’s comments be provided to the Project proponent.

If you have any questions or require further information, please contact Ryan Grossman by e-mail at [email protected] or by phone at (559) 230-6569.

Sincerely,
Brian Clements
Director of Permit Services
For: Mark Montelongo
Program Manager
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TO: Mayor and City Council
FROM: Planning and Development Services
DATE: May 20, 2024
SUBJECT: Consider items associated with approximately 1.62 acres of land located on the northwest corner of Ashlan and De Wolf Avenues. Harpreet Singh Sumal, owner/applicant; Kelsey George of Precision Civil Engineering, representative.
a. Consider Approval - Res. 24-40, A resolution to approve an environmental finding of a Mitigated Negative Declaration for General Plan Amendment 2023-002 and Rezone 2023-002. (April 15, 2024, Vote:
4-1 with Councilmember Basgall voting no)
b. Consider Approval - Res. 24-41, GPA2023-002, A resolution to amend the General Plan as part of the Second General Plan Amendment Cycle of 2024, re-designating the subject property from the Low Density Residential (2.1-4.0 dwelling units per acre) and Open Space designations to the High Density Residential (15.1-30.0 dwelling units per acre) designation. (April 15, 2024, Vote: 3-2 with Mayor Ashbeck and Councilmember Basgall voting no)
c. Consider Adoption - Ord. 24-01, R2023-002, An ordinance to rezone the subject property from the R-A (Single-Family Residential Very Low Density) Zone District to the R-3 (Multifamily High Density Residential) Zone District. (April 15, 2024, Vote: 3-2 with Mayor Ashbeck and Councilmember Basgall voting no)
Staff: McKencie Perez, MPA, Senior Planner
Recommendation: Approve
ATTACHMENTS: 1. Resolution 24-40, ISMND

2. Resolution 24-41, GPA2023-002

3. Ordinance 24-01, R2023-002
3009
AGENDA ITEM NO. 15.

CONFLICT OF INTEREST
Councilmembers should consider recusal if a campaign contribution exceeding $250 has been received from the project proponent (developer, applicant, agent, and/or participants) within the preceding 12 months (Government Code 84308).

RECOMMENDATION
Staff recommends that the City Council adopt resolutions approving the mitigated negative declaration, general plan amendment, and rezoning to allow a 26-unit multifamily development.

EXECUTIVE SUMMARY
The City Council considered the introduction of the mitigated negative declaration, General Plan Amendment (GPA) 2023-002 and Rezone (R) 2023-002 on April 15, 2024. The introduction of each item was approved, with a 4-1 vote for the mitigated negative declaration and a 3-2 vote for the general plan amendment and rezone. Staff is bringing back this item for adoption as part of GPA Cycle 2 of 2024.

BACKGROUND
The applicant requests approval of GPA2023-002 and R2023-002 to allow for the development of a 26-unit multifamily residential project on a ±1.62-acre parcel that is located on the northwest corner of Ashlan and De Wolf Avenues (see Figure 1). The project site is currently developed with a single-family residence. The project is considered an infill development that is surrounded by existing residential development to the north, west, and south and a school to the east. 3010
AGENDA ITEM NO. 15.

General Plan Amendment Cycles
State law prohibits a local agency from amending its general plan more than four times during any calendar year (with certain exceptions for affordable housing projects, court orders, etc.) (Gov. Code § 65358). Multiple changes can be made during each of the four amendments, and the changes can be in conjunction with different, unrelated projects. For this reason, development projects requiring GPAs are frequently grouped into batches or cycles so that final action can occur on multiple projects with GPAs at the same City Council meeting and count as only one of the four amendments. The GPA currently under consideration (GPA 2023-002), is part of GPA Cycle 2 of 2024, together with another GPA also scheduled for consideration on the May 20, 2024, agenda.

Planning Commission
The Planning Commission considered GPA2023-002, R2023-002 and its related environmental finding at its regular meeting on January 25, 2024, and unanimously approved GPA2023-002 and R2023-002 with a 5-0 vote.

City Council
The City Council considered the introduction of GPA2023-002, R2023-002 and its related environmental finding at its regular meeting on April 15, 2024. The environmental finding was approved with a 4-1 vote, with Councilmember Basgall voting no. The GPA2023-002 and R2023-002 were approved with a 3-2 vote, with Mayor Ashbeck and Councilmember Basgall voting no.

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
The proposed infill development will provide additional housing, a new housing type, and a quality residential environment for this area. The project does not substantially impact City sewer and water infrastructure, and other public services. The project is consistent with the goals and policies of the General Plan and Development Code.

ACTIONS FOLLOWING APPROVAL
The approval of the general plan amendment resolution and the rezoning ordinance will initiate the development of a 26-unit multifamily development. The development will be subject to the multifamily residential design review process where site specific details of the development are reviewed by staff.

Prepared by: McKencie Perez, MPA, Senior Planner
Reviewed by: City Manager JH
3011
AGENDA ITEM NO. 15.

Attachment 1
RESOLUTION 24-40

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS

APPROVING AN ENVIRONMENTAL FINDING OF A MITIGATED NEGATIVE DECLARATION FOR GENERAL PLAN AMENDMENT 2023-002 AND REZONE 2023-002,

PURSUANT TO CEQA GUIDELINES
WHEREAS, the project proponent, Harpreet Singh Sumal, 3182 De Wolf Avenue, Clovis, CA 93619, has submitted various applications including a General Plan Amendment (GPA) 2023-002 and Rezone (R) 2023-002 (“Project”) for 1.62 acres of property located on the northwest corner of Ashlan and De Wolf Avenues, in the County of Fresno; and WHEREAS, the City of Clovis (“City”) caused to be prepared an initial study (hereinafter incorporated by reference) in December 2023, for the Project to evaluate potential environmental impacts, and on the basis of that study, it was determined that no significant environmental impacts would result from this Project with the adoption of mitigation measures; and WHEREAS, on the basis of this initial study, a mitigated negative declaration has been prepared, circulated, and made available for public comment pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code, section 21000, et seq., and Guidelines for implementation of CEQA, 14 California Code of Regulations, sections 15000, et seq.; and
WHEREAS, the notice of intent to adopt a mitigated negative declaration was posted to City’s website in accordance with CEQA Guidelines section 15072, subdivision (b)(2), and notice of the public hearing for this item was published with the The Business Journal on Friday, December 29, 2023; and
WHEREAS, the City Council has independently reviewed, evaluated, and considered the CEQA analysis outlined in the staff report, initial study, mitigated negative declaration and all comments, written and oral, received from persons who reviewed the mitigated negative declaration, or otherwise commented on the Project (“Administrative Record”).

NOW, THEREFORE, BASED UPON THE ENTIRE RECORD OF THE
PROCEEDINGS, THE CITY COUNCIL RESOLVES AND FINDS AS FOLLOWS:

1. The foregoing recitals as true and correct.

2. The initial study and mitigated negative declaration for the Project are adequate, reflect the City’s independent judgment and analysis, and have been completed in compliance with CEQA and the CEQA Guidelines.

3. The initial study and mitigated negative declaration were presented to the City Council and the City Council has independently reviewed, evaluated, and considered the initial study, mitigated negative declaration and all comments, written and oral, received from 3012
AGENDA ITEM NO. 15.
persons who reviewed the initial study and mitigated negative declaration, or otherwise commented on the Project (“in the Administrative Record”) prior to approving the Project.

4. On the basis of the whole record, that there is no substantial evidence that the Project will have a significant effect on the environment with the adoption of the mitigation measures identified in Attachment A.

5. The mitigated negative declaration and the mitigation monitoring program set forth in Attachment A, including the mitigation measures identified therein and as described in the mitigated negative declaration itself are hereby adopted.

6. Directs that the record of these proceedings shall be contained in the Department of Planning and Development Services located at 1033 Fifth Street, Clovis, California 93612, and the custodian of the record shall be the City Planner or other person designated by the Planning and Development Services Director.

7. The Planning and Development Services Director, or his/her designee, is authorized to file a notice of determination for the Project in accordance with CEQA and to pay any fees required for such filing.

8. The basis for the findings is detailed in the April 15, 2024 staff report, which is hereby incorporated by reference in its entirety, the entire Administrative Record, as well as evidence and comments presented in connection with the mitigated negative declaration.
* * * * *
The foregoing resolution was introduced and read at a regular meeting of the City Council of the City of Clovis held on April 15, 2024, and was adopted at a regular meeting of said Council held on May 20, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: May 20, 2024
______________________________ ______________________________ Mayor City Clerk
3013
AGENDA ITEM NO. 15.

ATTACHMENT A:

Mitigation Monitoring Program
GPA2023-002 & R2023-002
Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
Aesthetics
AES-1 The Project shall comply with
Section 9.22.050, Exterior Light
and Glare, of the Clovis Municipal
Code, which requires light sources
to be shielded and that lighting
does not spillover to adjacent
properties.

City of Clovis
Planning
Prior to
Permits and
During
Construction
Air Quality
AIR-1 Consistent with SJVAPCD
Regulation VIII (Fugitive PM10
Prohibitions), the following
controls are required to be
included as specifications for the
proposed project and
implemented at the construction
site:
 All disturbed areas, including
storage piles, which are not
being actively utilized for
construction purposes, shall
be effectively stabilized of
dust emissions using water or
chemical
stabilizer/suppressant or
covered with a tarp or other
suitable cover or vegetative
ground cover.
 All on-site unpaved roads and
off-site unpaved access
roads shall be effectively
stabilized of dust emissions
using water or chemical
stabilizer/suppressant.
 All land clearing, grubbing,
scraping, excavation, land
leveling, grading, cut and fill,
and demolition activities shall
be effectively controlled of
City of Clovis
Planning
During
Construction
3014
AGENDA ITEM NO. 15.

Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
fugitive dust emissions
utilizing application of water
or by presoaking.
 When materials are
transported off site, all
material shall be covered, or
effectively wetted to limit
visible dust emissions, and at
least six inches of freeboard
space from the top of the
container shall be
maintained.
 All operations shall limit or
expeditiously remove the
accumulation of mud or dirt
from adjacent public streets
at the end of each workday.
(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
forbidden.)
 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.

AIR-2 During construction of the
proposed project, the project
contractor shall ensure all off-road
diesel-powered construction
equipment of 50 horsepower or
more used for the project
construction at a minimum meets
the California Air Resources
Board Tier 4 Final emissions
standards or equivalent.

City of Clovis
Planning
During
Construction
3015
AGENDA ITEM NO. 15.

Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
Verification shall be provided to
the City of Clovis for confirmation.

Biological Resources
BIO-1 Conduct Preconstruction
Clearance Surveys for
Burrowing Owl. A
preconstruction clearance survey
is required for burrowing owl no
more than 30 calendar days prior
to initiation of project activities. All
survey results must be delivered
to the City of Clovis. If an active
burrowing owl burrow is found
within the project site, the
applicant must coordinate with
California Department of Fish and
Wildlife (CDFW) to obtain
applicable agency
approval/direction prior to any
ground direction prior to any
ground disturbance activities on
the site. Specific avoidance, den
excavation, passive relocation,
and compensatory mitigation
activities shall be performed as
required by CDFW. If no active
burrowing owl burrows are
identified, project activities may
proceed as planned following the
preconstruction survey.

City of Clovis
Planning
Prior to
Permits and
During
Construction
BIO-2 Nesting Bird Surveys and
Avoidance. If vegetation
trimming/removal, construction, or
grading activities are planned to
commence within the active
nesting bird season (February 15
through September 30), a
qualified biologist shall conduct a
preconstruction nesting bird
survey no more than five days
City of Clovis
Planning
Prior to
Permits and
During
Construction
3016
AGENDA ITEM NO. 15.

Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
prior to the start of such activities.

The nesting bird survey shall
include the project site and areas
immediately adjacent to the site
that could potentially be affected
by project-related activities such
as noise, vibration, increased
human activity, and dust, etc. For
any active nest(s) identified, the
qualified biologist shall establish
an appropriate buffer zone around
the active nest(s). The appropriate
buffer shall be determined by the
qualified biologist based on
species, location, and the nature
of the proposed activities. Project
activities shall be avoided within
the buffer zone until the nest is
deemed no longer active by the
qualified biologist. Documentation
of all survey results shall be
provided to the City.

BIO-2a Compensatory Mitigation for
Swainson’s Hawk. If an occupied
Swainson’s hawk nest site is
found within the project
development limits during
implementation of Mitigation
Measure 2, the Applicant shall not
proceed with any constructionrelated activities on the project site until the CDFW has been
consulted regarding the need to
obtain an incidental take permit
under the California Endangered
Species Act. Impacts will be
minimized through permitting with
CDFW and will be fully mitigated in
accordance with CDFW
requirements.

City of Clovis
Planning
Prior to
Permits and
During
Construction
Cultural Resources
CULT-1
If prehistoric or historic-era cultural
or archaeological materials are
encountered during construction
City of Clovis
Planning
Prior to
Permits and
3017
AGENDA ITEM NO. 15.

Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
activities, all work in the immediate
vicinity of the find shall halt until a
qualified professional
archaeologist, meeting the
Secretary of the Interior’s
Professional Qualification
Standards for prehistoric and
historic archaeologist, can
evaluate the significance of the
find and make recommendations.

Cultural resource materials may
include prehistoric resources such
as flaked and ground stone tools
and debris, shell, bone, ceramics,
and fire-affected rock as well as
historic resources such as glass,
metal, wood, brick, or structural
remnants.

If the qualified professional
archaeologist determines that the
discovery represents a potentially
significant cultural resource,
additional investigations may be
required to mitigate adverse
impacts from project
implementation. These additional
studies may include avoidance,
testing, and evaluation or data
recovery excavation.

If a potentially eligible resource is
encountered, then the qualified
professional archaeologist, the
Lead Agency, and the project
proponent shall arrange for either
1) total avoidance of the resource
or 2) test excavations to evaluate
eligibility and, if eligible, total data
recovery. The determination shall
be formally documented in writing
and submitted to the Lead Agency
as verification that the provisions
for managing unanticipated
discoveries have been met.

During
Construction
3018
AGENDA ITEM NO. 15.

Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
CULT-2
If human remains are discovered
during construction or operational
activities, further excavation or
disturbance shall be prohibited
pursuant to Section 7050.5 of the
California Health and Safety
Code. The specific protocol,
guidelines, and channels of
communication outlined by the
Native American Heritage
Commission, in accordance with
Section 7050.5 of the Health and
Safety Code, Section 5097.98 of
the Public Resources Code
(Chapter 1492, Statutes of 1982,
Senate Bill 297), and Senate Bill
447 (Chapter 44, Statutes of
1987), shall be followed. Section
7050.5© shall guide the potential
Native American involvement, in
the event of discovery of human
remains, at the direction of the
County coroner. All reports,
correspondence, and
determinations regarding the
discovery of human remains on
the project site shall be submitted
to the Lead Agency.

City of Clovis
Planning
Prior to
Permits and
During
Construction
Geology and Soils
GEO-1
If prehistoric or historic-era cultural
materials are encountered during
construction activities, all work in
the immediate vicinity of the find
shall halt until a qualified
professional archaeologist and/or
paleontologist, meeting the
Secretary of the Interior’s
Professional Qualification
Standards for prehistoric and
historic archaeologist, can
evaluate the significance of the
find and make recommendations.

Cultural resource materials may
include prehistoric resources such
City of Clovis
Planning
Prior to
Permits and
During
Construction
3019
AGENDA ITEM NO. 15.

Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
as flaked and ground stone tools
and debris, shell, bone, ceramics,
and fire-affected rock as well as
historic resources such as glass,
metal, wood, brick, or structural
remnants.

If the qualified professional
determines that the discovery
represents a potentially significant
cultural resource, additional
investigations may be required to
mitigate adverse impacts from
project implementation. These
additional studies may include
avoidance, testing, and evaluation
or data recovery excavation.

If a potentially eligible resource is
encountered, then the qualified
professional archaeologist and/or
paleontologist, the Lead Agency,
and the project proponent shall
arrange for either 1) total
avoidance of the resource or 2)
test excavations to evaluate
eligibility and, if eligible, total data
recovery. The determination shall
be formally documented in writing
and submitted to the Lead Agency
as verification that the provisions
for managing unanticipated
discoveries have been met.

Tribal Cultural Resources
TCR-1
If cultural or archaeological
materials are encountered during
construction activities, all work in
the immediate vicinity of the find
shall halt until a qualified
professional archaeologist,
meeting the Secretary of the
Interior’s Professional
Qualification Standards for
prehistoric and historic
archaeologists, can evaluate the
significance of the find and make
City of Clovis
Planning
Prior to
Permits and
During
Construction
3020
AGENDA ITEM NO. 15.

Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
recommendations. Cultural
resource materials may include
prehistoric resources such as
flaked and ground stone tools and
debris, shell, bone, ceramics, and
fire-affected rock as well as
historic resources such as glass,
metal, wood, brick, or structural
remnants.

If the qualified professional
archaeologist determines that the
discovery represents a potentially
significant cultural resource,
additional investigations may be
required to mitigate adverse
impacts from project
implementation. These additional
studies may include avoidance,
testing, and evaluation or data
recovery excavation.

If a potentially eligible resource is
encountered, then the qualified
professional archaeologist, the
Lead Agency, and the project
proponent shall arrange for either
1) total avoidance of the resource
or 2) test excavations to evaluate
eligibility and, if eligible, total data
recovery. The determination shall
be formally documented in writing
and submitted to the Lead Agency
as verification that the provisions
for managing unanticipated
discoveries have been met.

TCR-2
If human remains are discovered
during construction or operational
activities, further excavation or
disturbance shall be prohibited
pursuant to Section 7050.5 of the
California Health and Safety
Code. The specific protocol,
guidelines, and channels of
communication outlined by the
Native American Heritage
City of Clovis
Planning
Prior to
Permits and
During
Construction
3021
AGENDA ITEM NO. 15.

Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
Commission, in accordance with
Section 7050.5 of the Health and
Safety Code, Section 5097.98 of
the Public Resources Code
(Chapter 1492, Statutes of 1982,
Senate Bill 297), and Senate Bill
447 (Chapter 44, Statutes of
1987), shall be followed. Section
7050.5© shall guide the potential
Native American involvement, in
the event of discovery of human
remains, at the direction of the
County coroner. All reports,
correspondence, and
determinations regarding the
discovery of human remains on
the project site shall be submitted
to the Lead Agency.
3022
AGENDA ITEM NO. 15.

Attachment 2
RESOLUTION 24-41

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
APPROVING GENERAL PLAN AMENDMENT 2023-002 AS PART OF THE SECOND GENERAL PLAN AMENDMENT CYCLE OF 2024, AMENDING THE 2014 CLOVIS GENERAL PLAN LAND USE ELEMENT FOR APPROXIMATELY 1.62 ACRES LOCATED

NORTHWEST CORNER OF ASHLAN AND DE WOLF AVENUES
WHEREAS, the project proponent, Harpreet Singh Sumal, 3182 De Wolf Avenue, Clovis, CA 93619, has submitted a General Plan Amendment (GPA) 2023-002 for 1.62 acres of property located northwest corner of Ashlan and De Wolf Avenues (“Property”), in the County of Fresno; and
WHEREAS, GPA2023-002 proposes to amend the 2014 Clovis General Plan Land Use Element for the Property from the Low Density Residential and Open Space designations to the High Density Residential designation; and
WHEREAS, GPA 2023-002 is part of the Second General Plan Amendment Cycle of 2024; and
WHEREAS, the Planning Commission considered GPA2023-002 at a duly noticed public hearing on January 25, 2024, at which time the Planning Commission adopted a resolution recommending approval of the Project; and
WHEREAS, the City published notice of the public hearing in The Business Journal on March 29, 2024, mailed public notices to property owners within 800 feet of the Property seventeen (17) days prior to the City Council hearing, and otherwise posted notice of the public hearing according to applicable law; and
WHEREAS, a duly noticed public hearing was held on April 15, 2024; and WHEREAS, the City Council has had an opportunity to review and consider the entire Administrative Record relating to the Project, which is on file with the Department, and reviewed and considered those portions of the Administrative Record determined to be necessary to make an informed decision, including, but not necessarily limited to, the staff report, the written materials submitted with the request, and the verbal and written testimony and other evidence presented during the public hearing.

NOW, THEREFORE, BASED UPON THE ENTIRE RECORD OF THE
PROCEEDINGS, THE CITY COUNCIL RESOLVES AND FINDS AS FOLLOWS:

1. The Project satisfies the required findings for approval of a general plan amendment, as follows:
a. The GPA2023-002 is internally consistent with the goals, policies, and actions of the General Plan.
3023
AGENDA ITEM NO. 15.
b. The GPA2023-002 would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.
c. The Property is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the development of the Project.
d. There is a compelling reason for the amendment, namely, the site has several development limitations, including lot size limitations under the current zoning designation, limited access and dedication obligations for the parcel.

2. The City Council finds on the basis of the initial study completed for the Project, a mitigated negative declaration has been prepared, circulated, and made available for public comment pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code, section 21000, et seq., and Guidelines for implementation of CEQA, 14 California Code of Regulations, sections 15000, et seq.

3. The basis for the findings is detailed in the April 15, 2024 staff report, which is hereby incorporated by reference, the entire Administrative Record, as well as the evidence and comments presented during the public hearing.

4. GPA2023-002 is hereby approved as part of the Second General Plan Amendment Cycle of 2024.
* * * * *
The foregoing resolution was introduced and read at a regular meeting of the City Council of the City of Clovis held on April 15, 2024, and was adopted at a regular meeting of said Council held on May 20, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: May 20, 2024
______________________________ ______________________________ Mayor City Clerk
3024
AGENDA ITEM NO. 15.

Attachment 3
ORDINANCE 24-01

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLOVIS AMENDING AND

CHANGING THE OFFICIAL ZONE MAP OF THE CITY OF CLOVIS IN ACCORDANCE WITH SECTION 9.080.020 OF THE CLOVIS MUNICIPAL CODE TO REZONE APPROXIMATELY

1.62 ACRES FROM THE R-A (SINGLE-FAMILY RESIDENTIAL VERY LOW DENSITY) ZONE DISTRICT TO THE R-3 (MULTIFAMILY HIGH DENSITY) ZONE DISTRICT FOR

PROPERTY LOCATED ON THE NORTHWEST CORNER OF ASHLAN AND DE WOLF

AVENUES
WHEREAS, Harpreet Singh Sumal, 3182 De Wolf Avenue, Clovis, CA 93619, submitted an application for Rezone (R) 2023-002 in connection with the proposed development of a 26- unit multifamily apartment complex (“Project”) on approximately 1.62 acres of property located on the northwest corner of Ashlan and De Wolf Avenues (“Property”); and WHEREAS, R2023-002 proposes to rezone the property from the R-A (Single-Family Residential Very Low Density) Zone District to the R-3 (Multifamily High Density) Zone District; and
WHEREAS, the Planning Commission held a duly noticed public hearing on January 25, 2024, to consider the Project approval, at which time interested persons were given opportunity to comment on the Project; and
WHEREAS, the Planning Commission voted and recommended that the City Council approve R2023-002; and
WHEREAS, the Planning Commission’s recommendations were forwarded to the City Council for consideration; and
WHEREAS, the City published notice of the public hearing in The Business Journal on March 29, 2024, mailed public notices to property owners within 800 feet of the Property seventeen (17) days prior to the City Council hearing, and otherwise posted notice of the public hearing according to applicable law; and
WHEREAS, the City Council held a duly noticed public hearing on April 15, 2024, to consider approval of R2023-002; and
WHEREAS, on the basis of an initial study completed for the project, a proposed mitigated negative declaration has been prepared, circulated, and made available for public comment pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code, section 21000, et seq., and Guidelines for implementation of CEQA, 14 California Code of Regulations, sections 15000, et seq.; and
WHEREAS, the City Council has had an opportunity to review and consider the entire Administrative Record relating to the Project, which is on file with the Department, and reviewed and considered those portions of the Administrative Record determined to be necessary to 3025
AGENDA ITEM NO. 15.
make an informed decision, including, but not necessarily limited to, the staff report and staff presentation, the written materials submitted with the request, and the verbal and written testimony and other evidence presented during the public hearing.

NOW, THEREFORE, BASED UPON THE ENTIRE RECORD OF THE
PROCEEDINGS, THE CITY COUNCIL FINDS AS FOLLOWS:

1. The proposed rezone is consistent with the goals, policies, and actions of the adopted General Plan.

2. The proposed rezone would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.

3. The Property is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning designation and development of the Project.

4. The City Council finds on the basis of the initial study completed for the Project, a mitigated negative declaration has been prepared, circulated, and made available for public comment pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code, section 21000, et seq., and Guidelines for implementation of CEQA, 14 California Code of Regulations, sections 15000, et seq.

5. The basis and evidence for the findings are detailed in the April 15, 2024 staff report, which is hereby incorporated by reference, the entire Administrative Record, as well as the evidence and comments presented during the public hearing.

The City Council of the City of Clovis does ordain as follows:

Section 1 The official map of the city is amended in accordance with Section 9.08.020 and Chapter 9.86 of the Clovis Municipal Code by rezoning certain land in the City of Clovis, County of Fresno, State of California, to wit:

LEGAL DESCRIPTION:

See the attached Attachment A.

From the R-A (Single-Family Residential Very Low Density) Zone District to the R-3 (Multifamily High Density) Zone District.

Section 2 This Ordinance shall go into effect and be in full force from and after thirty (30) days after its final passage and adoption.
3026
AGENDA ITEM NO. 15.

APPROVED: April 15, 2024
______________________________ ______________________________ Mayor City Clerk
* * * * * * * * * *
The foregoing Ordinance was introduced and read at a regular meeting of the City Council held on April 15, 2024, and was adopted at a regular meeting of said Council held on May 20, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: May 20, 2024
_______________________________
City Clerk
3027
AGENDA ITEM NO. 15.

ATTACHMENT A

LEGAL DESCRIPTION

THE LAND REFERRED TO IS SITUATED IN THE COUNTY OF FRESNO, CITY OF CLOVIS, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

THE EAST 345 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 13 SOUTH, RANGE 21

EAST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.

EXCEPTING THEREFROM THE NORTH 350 FEET;
ALSO EXCEPTING THEREFROM THE EAST 30 FEET;
ALSO EXCEPTING THEREFROM THE SOUTH 30 FEET;
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF SECTION 14, TOWNSHIP 13 SOUTH, RANGE 21 EAST, MOUNT DIABLO BASE AND MERIDIAN; THENCE NORTHERLY ALONG THE EAST LINE OF SAID SECTION 14, A DISTANCE OF 30.00 FEET MORE OR LESS TO A POINT ON A LINE WHICH IS PARALLEL WITH AND 30 FEET NORTHERLY FROM THE SOUTH LINE OF SAID SECTION 14; THENCE WESTERLY ALONG SAID LINE WHICH IS PARALLEL WITH AND 30 FEET NORTHERLY FROM THE SOUTH LINE OF SECTION 14, A DISTANCE OF 30.00 FEET TO A POINT ON A LINE WHICH IS PARALLEL WITH AND 30 FEET WESTERLY FROM THE EAST LINE OF SAID SECTION 14 SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE WESTERLY, CONTINUING ALONG SAID PARALLEL LINE, A DISTANCE OF 20.00 FEET; THENCE NORTHEASTERLY A DISTANCE OF 28.28 FEET MORE OR LESS TO A POINT ON A LINE WHICH IS PARALLEL WITH AND 30.00 FEET WESTERLY FROM THE EAST LINE OF SAID SECTION 14 SAID POINT BEING 20.00 FEET NORTHERLY FROM THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY, ALONG A LINE WHICH IS PARALLEL WITH AND 30.00 FEET WESTERLY FROM THE EAST LINE OF SAID SECTION 14, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING.

ALSO EXCEPTING THEREFROM THOSE CERTAIN PARCELS OF LAND AS GRANTED TO

THE CITY OF CLOVIS, A CALIFORNIA MUNICIPAL CORPORATION, BY GRANT DEED RECORDED JANUARY 25, 2007 AS DOCUMENT NO. 2007-0015488, OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM THOSE CERTAIN PARCELS OF LAND AS GRANTED TO

THE CITY OF CLOVIS, A CALIFORNIA MUNICIPAL CORPORATION, BY GRANT DEED RECORDED MAY 13, 2015 AS DOCUMENT NO. 2015-0059196, OFFICIAL RECORDS.

APN: 555-042-70
MORE COMMONLY KNOWN AS: 3182 DE WOLF AVENUE, CLOVIS, CA 93619 3028
AGENDA ITEM NO. 15.