Clovis City Council
November 18, 2024

November 18, 2024 - 1 - 6:07 PM
A G E N D A • C I T Y C O U N C I L M E E T I N G
November 18, 2024 6:00 PM Council Chamber
In compliance with the Americans with Disabilities Act, if you need special assistance to access the City Council Chamber to participate at this meeting, please contact the City Clerk or General Services Director at (559) 324-2060 (TTY – 711). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the Council Chamber.

The Clovis City Council meetings are open to the public at the physical address listed above. There are numerous ways to participate in the City Council meetings: you are able to attend in person; you may submit written comments as described below; and you may view the meeting which is webcast and accessed at www.cityofclovis.com/agendas.

Written Comments
 Members of the public are encouraged to submit written comments at:
www.cityofclovis.com/agendas at least two (2) hours before the meeting (4:00 p.m.). You will be prompted to provide:
 Council Meeting Date
 Item Number
 Name
 Email
 Comment
 Please submit a separate form for each item you are commenting on.  A copy of your written comment will be provided to the City Council noting the item number.

If you wish to make a verbal comment, please see instructions below.  Please be aware that any written comments received that do not specify a particular agenda item will be marked for the general public comment portion of the agenda.  If a written comment is received after 4:00 p.m. on the day of the meeting, efforts will be made to provide the comment to the City Council during the meeting. However, staff cannot guarantee that written comments received after 4:00 p.m. will be provided to City Council during the meeting. All written comments received prior to the end of the meeting will be made part of the record of proceedings.

Council Chamber, 1033 Fifth Street, Clovis, CA 93612 (559) 324-2060 www.cityofclovis.com
1 November 18, 2024 - 2 - 6:07 PM
CAMPAIGN CONTRIBUTION PROHIBITIONS AND MANDATORY DISCLOSURE - Pursuant to Government Code section 84308, a Councilmember shall not accept, solicit, or direct a campaign contribution of more than $250 from any party or their agent, or from any participant or their agent, while a proceeding involving a license, permit, contract, or other entitlement for use is pending before the City or for 12 months after a final decision is rendered in that proceeding. Any Councilmember who has received a campaign contribution of more than $250 within the preceding 12 months from a party or their agent, or from a participant or their agent, must disclose that fact on the record of the proceeding and shall not make, participate in making, or in any way attempt to use their official position to influence the decision.

Pursuant to Government Code section 84308(e), any party to a covered proceeding before the City Council is required to disclose on the record of the proceeding any campaign contribution, including aggregated contributions, of more than $250 made within the preceding 12 months by the party or their agent to any Councilmember. The disclosure shall be made as required by Government Code Section 84308(e)(1) and 2 CCR Section 18438.8. No party or their agent, and no participant or their agent, shall make a campaign contribution of more than $250 to any Councilmember during the covered proceeding or for 12 months after a final decision is made in that proceeding. The foregoing statements do not constitute legal advice, and parties and participants are urged to consult with their own legal counsel regarding the applicable requirements of the law.

CALL TO ORDER
FLAG SALUTE - Councilmember Pearce

ROLL CALL

PRESENTATIONS/PROCLAMATIONS

1. Presentation of Proclamation Recognizing November 18, 2024, as National Injury Prevention Day.

PUBLIC COMMENTS - This is an opportunity for the members of the public to address the City Council on any matter within the City Council’s jurisdiction that is not listed on the Agenda. In order for everyone to be heard, please limit your comments to 3 minutes or less, or 10 minutes per topic. Anyone wishing to be placed on the Agenda for a specific topic should contact the City Manager’s office and submit correspondence at least 10 days before the desired date of appearance.

CONSENT CALENDAR - Items considered routine in nature are to be placed upon the Consent Calendar. They will all be considered and voted upon in one vote as one item unless a Councilmember requests individual consideration. A Councilmember’s vote in favor of the Consent Calendar is considered and recorded as a separate affirmative vote in favor of each action listed. Motions in favor of adoption of the Consent Calendar are deemed to include a motion to waive the reading of any ordinance or resolution on the Consent Calendar. For adoption of ordinances, only those that have received a unanimous vote upon introduction are considered Consent items.

2. Administration - Approval - Minutes for the November 12, 2024, Special Meeting, and the November 12, 2024, Regular Council Meeting.

3. Finance - Receive and File – Year-end report for all funds as of June 30, 2024. 2 November 18, 2024 - 3 - 6:07 PM

4. General Services - Approval – Res. 24-___, Authorizing Amendments to the City’s Classification and Compensation Plans to adopt the Revenue Supervisor Classification with a Salary Range of $8,773 to $10,665 per month, and Approval – Res. 24-___, Amending the City’s FY 24-25 Position Allocation Plan to add one (1) Revenue Supervisor Position within the Finance Department.

5. General Services – Approval – Res. 24-__, Amending the City’s Classification and Compensation Plans by Revising the Senior Services Supervisor Classification with a Salary Range of $8,773 to $10,665 per month; and Approval – Res. 24.___, Amending the City’s FY 2024-2025 Position Allocation Plan by adding one (1) Senior Services Supervisor within General Services; and Approval – Res. 24-__, Amending the General Services Budget to reflect an additional $71,000 in General Fund expenditure.

6. Planning and Development Services - Approval – Res. 24-___, Annexation of Miscellaneous Properties to the Landscape Maintenance District No. 1.

7. Planning and Development Services – Approval – Res. 24-___, Amend the 2024-2025 Community Investment Program Budget for General Government Services Fund, for the Peg Bos Plaza Project at the northwest corner of Third Street and Sunnyside Avenue in the amount of $100,000.

8. Police Department - Approval - Request to Authorize the City Manager to enter into a five-year agreement with BRINC Drones to Implement a Drone as First Responder Program in the amount of $1,118,035.93.

PUBLIC HEARINGS - A public hearing is an open consideration within a regular or special meeting of the City Council, for which special notice has been given and may be required. When a public hearing is continued, noticing of the adjourned item is required as per Government Code 54955.1.

9. Receive and File - Information from First Public Hearing in City’s Transition to DistrictBased Elections.

Staff: Briana Parra, City Clerk
Recommendation: Receive and File

10. Consider Actions related to Annexation of Territory (Annexation #74, T6205 – Northeast Corner Sunnyside/Shepherd, T6343 – Southwest Corner Behymer/Sunnyside) to the City of Clovis Community Facilities District No. 2004-1 (Police and Fire Services).
a. Consider Approval - Res. 24-___, A Resolution annexing territory (Annexation #74) (T6205 – Northeast Corner Sunnyside/Shepherd, T6343 – Southwest Corner Behymer/Sunnyside) to the City of Clovis Community Facilities District No. 2004-1 (Police and Fire Services) and calling a special landowner election to annex territory (Annexation #74) to City of Clovis Community Facilities District No. 2004-1 (Police and Fire Services).
b. Consider Approval - Res. 24-___, A Resolution of the City of Clovis declaring the results of a special landowner election and directing recording of the Notice of Special Tax Lien for City of Clovis Community Facilities District No. 2004-1 (Police and Fire Services).

Staff: Jay Schengel, Finance Director
Recommendation: Approve
3 November 18, 2024 - 4 - 6:07 PM

11. Consider Approval of Various Actions Related to City Purchasing System and Procurement Procedures for Public Projects:
a. Consider Introduction – Ord. 24-___, Amending Sections 2.7.06 and 2.7.08 of Chapter 2.7 and Section 2.9.03 of Chapter 2.9 of Title 2 of the Clovis Municipal Code Pertaining to the City Purchasing System and Procurement Procedures for Public Projects.
b. Consider Approval – Res. 24-___, a Resolution of the City Council of the City of Clovis Approving Updated Purchasing Manual.
c. Consider Approval – Res. 24-___, a Resolution of the City Council of the City of Clovis Establishing Claims Settlement and Rejection/Denial Authority for Various Types of Claims Filed with and involving the City.

Staff: Amy Hance, General Services Director
Recommendation: Approve

12. Consider items associated with approximately 33 acres of land located at the northwest corner of Sierra and N. Clovis Avenues. Blanchimont Corner LLC et al., owners; Legacy Realty and Development, applicant; Roger Hurtado, representative. a. Consider Approval - Res. 24-___, A request to approve an environmental finding of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program for Planned Commercial Center Amendment R2024-004.
b. Consider Introduction – Ord. 24-___, R2024-004, A request to amend the development standards and preliminary development plan for the Tuscan Village Planned Commercial Center.

Staff: Lily Cha, Senior Planner
Recommendation: Approve

13. Consider items associated with approximately 18 acres of land located at the northeast corner of N. Baron and Perrin Avenues. Frances Ricchiuti and Patrick V. Ricchiuti, owners; Lennar Homes, applicant; Yamabe & Horn Engineering Inc., representative. a. Consider Approval - Res. 24-__, A resolution of the City Council adopting an environmental finding of a mitigated negative declaration and a mitigation monitoring and reporting program for Vesting Tentative Tract Map 6452 and Planned Development Permit 2023-001.
b. Consider Approval - Res. 24-__, TM6452, A resolution of the City Council approving a vesting tentative tract map for a 153-lot single-family planned residential development on approximately 18 acres of land.
c. Consider Approval - Res. 24-__, PDP2023-001, A resolution of the City Council approving a planned development permit for a 153-lot single-family residential development.

Staff: Liz Salazar, Assistant Planner
Recommendation: Approve
4 November 18, 2024 - 5 - 6:07 PM
ADMINISTRATIVE ITEMS - Administrative Items are matters on the regular City Council Agenda other than Public Hearings.

14. Consider Various Requests from Wilson Homes regarding Tract Map 6205, a 580-lot subdivision located at the northeast corner of Sunnyside and Shepherd Avenues. a. Allow for a deviation from city policy regarding reimbursements within Street Area as requested by Wilson Homes
b. Deny the request to deviate from city policy regarding reimbursements of Sewer Major Facility improvements as requested by Wilson Homes c. Deny the request to deviate from city policy regarding reimbursements of Water Major Facility improvements as requested by Wilson Homes d. Deny the request to deviate from the City’s Municipal Code and allow for the deferment of the Water Supply Fee as requested by Wilson Homes e. Consider Approval, Authorize the City Engineer to execute a Master Development Agreement for Tract Map 6205
Staff: Thad Avery, City Engineer
Recommendation: Approve

CITY MANAGER COMMENTS

COUNCIL COMMENTS

ADJOURNMENT

FUTURE MEETINGS
Regular City Council Meetings are held at 6:00 P.M. in the Council Chamber. The following are future meeting dates:

Dec. 2, 2024 (Mon.)
Dec. 9, 2024 (Mon.)
Dec. 16, 2024 (Mon.)
Jan. 6, 2025 (Mon.)
Jan. 13, 2025 (Mon.)
Jan. 21, 2025 (Tue.)
5 6
AGENDA ITEM NO. 1.

PRELIMINARY - SUBJECT TO APPROVAL

CLOVIS CITY COUNCIL CLOSED SESSION ONLY SPECIAL MEETING November 12, 2024 1:00 P.M. Transit Center
Meeting called to order by Mayor Ashbeck at 1:04 p.m.

Flag Salute led by Councilmember Basgall
Roll Call: Present: Councilmembers Basgall, Bessinger, Mouanoutoua, Pearce Mayor Ashbeck
CLOSED SESSION – 1:05 p.m.

ITEM 1 - GOVERNMENT CODE SECTION 54957 PUBLIC EMPLOYEE APPOINTMENT / EMPLOYMENT TITLE: CITY MANAGER
Upon call, there was no public comment.

The Council recessed the special closed session meeting at 5:30 p.m. and reconvened at 7:49 p.m.

RECONVENE INTO OPEN SESSION AND REPORT FROM CLOSED SESSION No action taken.

ADJOURNMENT
Mayor Ashbeck adjourned the special meeting of the Council to November 12, 2024 Meeting adjourned: 8:05 p.m.
______________________________ ________________________________ Mayor City Clerk
7 AGENDA ITEM NO. 2.

PRELIMINARY - SUBJECT TO APPROVAL

CLOVIS CITY COUNCIL MEETING
November 12, 2024 6:00 P.M. Council Chamber
Meeting called to order by Mayor Ashbeck at 6:01
Flag Salute led by Councilmember Bessinger
Roll Call: Present: Councilmembers, Basgall, Bessinger, Mouanoutoua, Pearce Mayor Ashbeck
PUBLIC COMMENTS – 6:01
Paul Dictos, Fresno County Assessor-Recorder, spoke regarding Property Owners Protection Alert (POPA).

Steve Trevino, resident, expressed concern with long City Council meetings extending into the late evening, making it difficult for people with other commitments to participate.

Zachary Just, resident, expressed concerns about a neighbor's property with multiple liens and unresolved grievances, questioning what options neighbors have since the liens seem ineffective.

CONSENT CALENDAR – 6:16
Upon call, there was no public comment.

Motion by Councilmember Bessinger, seconded by Councilmember Basgall, that the items on the Consent Calendar be approved.

1. Administration - Approval - Minutes for November 4, 2024, Regular Council Meeting.

2. Police – Approval - Authorize the City Manager to enter into a new five (5) year agreement with Axon allowing the purchase of 118 Axon Body-Worn Camera 4’s, 143 Taser-10 Conducted Energy Weapons, and technology software in the amount of $2,489,074.13.

ADMINISTRATIVE ITEMS – 6:16
6:16 ITEM 3 - CONSIDER APPROVAL – RES. 24-116, ADOPTION OF A RESOLUTION AMENDING THE 2024-2025 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)

ACTION PLAN TO INCREASE FUNDING FOR THE MICRO-ENTERPRISE CULINARY KITCHEN PROJECT BY $30,000, FOR A TOTAL OF $85,000, AND THE LOW-INCOME OWNER OCCUPIED HOUSING REHABILITATION PROGRAM BY $55,000, FOR A TOTAL OF $155,000; AND CONSIDER APPROVAL – RES. 24-117, AMENDING THE FY 2024-2025 HOUSING AND COMMUNITY DEVELOPMENT BUDGET TO ALLOW FOR EXPENDITURE OF PRIOR YEAR UNUSED AND CARRY OVER CDBG FUNDS. 8 AGENDA ITEM NO. 2.

PRELIMINARY - SUBJECT TO APPROVAL

Upon call, there was no public comment.

Motion for approval by Councilmember Bessinger, seconded by Councilmember Mouanoutoua. Motion carried by unanimous vote.
6:23 ITEM 4 - CONSIDER ADOPTION – ORD. 24-16, AMENDING SECTION 2.1.01 OF CHAPTER 2 OF TITLE 2 OF THE CLOVIS MUNICIPAL CODE RELATING TO CITY COUNCIL MEETING DAY AND TIME. (3-2, WITH MAYOR ASHBECK AND MAYOR PRO TEM MOUANOUTOUA VOTING NO).

Steve Trevino, resident, expressed concerns with changing City Council meetings from Monday to Tuesday, suggesting it would confuse the public since people are accustomed to the Monday night meetings.

Mayor Ashbeck and Mayor Pro Tem Mouanoutoua expressed reservations about changing the City Council meeting day from Monday to Tuesday, noting it should be the new City Manager’s decision.

Motion for adoption by Councilmember Pearce, seconded by Councilmember Basgall.

Motion carried 3-2, with Mayor Ashbeck and Mayor Pro Tem voting no. 6:28 ITEM 5 - PROVIDE DIRECTION – CONSIDER UPDATE ON THE IMPACT OF SHORTTERM RENTALS IN CLOVIS AND PROVIDE DIRECTION ON DESIRED POLICY CHANGES.

Zachary Just, resident, commended the City’s compliance efforts but voiced concerns that short-term rentals disrupt neighborhood cohesion and don’t align with the "Clovis way of life," suggesting stricter regulation.

The Council discussed balancing enforcement with the benefits the short-term rentals provide and expressed interest in adding specific regulations to reduce nuisances, such as limiting rentals to certain nights or enforcing penalties more strictly.

The Council gave direction to gather more data and exploring updates to the ordinance, particularly to address issues like citation frequency and timely enforcement.

COUNCIL ITEMS – 7:03
7:03 ITEM 6 - Consider Approval - Res. 24-118, Agreement for Professional Legal Services as City Attorney.

Kristina Mansfield, resident, asked if Lozano Smith was the same firm who represents the County of Madera.
9 AGENDA ITEM NO. 2.

PRELIMINARY - SUBJECT TO APPROVAL

The Council discussed the terms of the proposed contract, including concerns about automatic increases and the need for flexibility in future evaluations. The Council expressed a preference for a periodic review process, rather than allowing indefinite increases without oversight, and decided to implement an annual performance review for the City Attorney in closed session.

Motion to approve as presented by Councilmember Basgall, seconded by Councilmember Bessinger. Motion carried 3-2, with Mayor Ashbeck and Mayor Pro Tem voting no.

Motion amended by Councilmember Basgall, seconded by Councilmember Bessinger to add an annual performance review to evaluate the City Attorney in closed session. Motion carried 4-1, with Mayor Pro Tem voting no.
7:20 ITEM 7 - CONSIDER RE-APPOINTMENT – FRESNO COUNTY TRANSPORTATION

AUTHORITY URBAN AT LARGE BOARD MEMBER, WITH A TERM ENDING OCTOBER 10, 2026.

Upon call, there was no public comment.

Motion for approval by Councilmember Mouanoutoua, seconded by Councilmember Bessinger. Motion carried by unanimous vote.

CITY MANAGER COMMENTS – 7:23
None.

COUNCIL COMMENTS – 7:24
It was consensus of the Council to direct staff to return in January or February 2025 with draft plans for possible roll out of spending for Measure Y due to its passage.

CLOSED SESSION – 7:49
Upon call, there was no public comment.

ITEM 8 - GOVERNMENT CODE SECTION 54956.9(D)(2) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION ONE

POTENTIAL CASE

RECONVENE INTO OPEN SESSION AND REPORT FROM CLOSED SESSION No action taken.

ADJOURNMENT
10 AGENDA ITEM NO. 2.

PRELIMINARY - SUBJECT TO APPROVAL

Mayor Ashbeck adjourned the meeting of the Council to November 18, 2024.

Meeting adjourned: 8:05 p.m.
______________________________ ________________________________ Mayor City Clerk
11 AGENDA ITEM NO. 2.

TO: Mayor and City Council
FROM: Finance Department
DATE: November 18, 2024
SUBJECT: Finance - Receive and File – Year-end report for all funds as of June 30, 2024.

ATTACHMENTS: None.

RECOMMENDATION
That the Council receive and file the year-end report for all funds as of June 30, 2024.

EXECUTIVE SUMMARY
Each fiscal year, after the year end closing entries are completed, an analysis is prepared comparing actual results against those estimated during the annual budget process and presented to Council for adoption during the June 2024 budget hearings. The following is the summary of the actual results compared to the estimates for the fiscal year ending June 30, 2024.

BACKGROUND
During the preparation of the 2024-25 budget, estimates were made for 2023-24 revenues and expenditures to establish the estimated June 30, 2024, fund balances that are expected to be available for appropriation in the 2024-25 fiscal year. This report compares the variances between actual revenues and expenditures versus the estimates established during the preparation of the 2024-25 budget.

The basis for this report is different from the information presented in the Annual Comprehensive Financial Report (ACFR), which compares actual revenues earned and actual expenditures incurred against the Council approved budget, as amended from time to time during the year.

The Council adopted budget, as amended, is normally higher than the estimated budget used during the budget process. All departments were within their Council approved budget and within or very close to their estimates established during the budget preparation.

The City’s General Fund presented in the annual ACFR includes the Landscape Maintenance Fund, Parking and Business Improvement Fund, and Supplemental Law Enforcement Fund.

Those activities have been excluded and are not part of this report related to the General Fund. 12 AGENDA ITEM NO. 3.

General Fund
The “available for appropriation” General Fund balance on June 30, 2024, is $7.6 million, which is $0.5 million more than projected during the preparation of the 2024-25 proposed budget.

Revenues were approximately $1.4 million less than projected and expenditures were approximately $1.9 million less than projected during the preparation of the 2024-25 budget.

Revenues in the General Fund were estimated at $106.1 million and ended the year at $104.7 million which is $1.4 million, or about 1% lower than projected at the time of budget preparation.

The decrease was primarily contributed to sales tax which was impacted by inflationary pressures on consumers causing less discretionary spending on taxable goods along with tax allocation shifts from major Fulfillment Centers from indirect allocations to State and County pools to direct allocations to local cities where these centers are located. Sales tax was estimated during the budget preparation at $29.5 million and actual receipts came in at $29.0 million. In addition, gas tax budgeted for street lighting at $0.5 million was not needed from streets capital improvement projects and reimbursements for Police’s retail theft grant were not received at the estimated amount by $0.4 million. Property tax came in $0.1 million more than estimated remaining a steady source of discretionary revenue. Transient occupancy tax was slightly above its $5.0 million estimate by $0.1 million. Adult sports program income surpassed its estimate of $0.3 million by $0.1 million.

Expenditures in the General Fund, when considering encumbrances and reappropriations, were estimated at $105.9 million and ended the year at $104.0 million which is $1.9 million or 2% lower than projected at the time of budget preparation. Most of the savings was achieved in the Police Department at $1.0 million, the Public Utilities Department at $0.3 million, and the Fire Department at $0.2 million. Savings in the Police Department was mainly due to benefit savings and savings in fleet charges. Savings in the Public Utilities Department was due to savings in salaries and supplies. Savings in the Fire Department were due to salary savings. The expenditure savings in the General Fund is mostly related to one-time events and will not result in continued annual savings.

Under current Council policy, the emergency reserve was set at a minimum level with the goal to increase the amount as soon as possible. The City’s General Fund Emergency Reserve is set at a minimum of 15% of budgeted expenditures, with the goal to reach a more prudent reserve of 25% of budgeted expenditures. The emergency reserve was increased to $22.6 million, or 22% of 2023-24 budgeted expenditures on June 30, 2024, to meet the current goal of increasing the reserve to 25%.

Enterprise Funds
This analysis is conducted for the enterprise operating funds and is prepared on a budgetary basis including encumbrances and reappropriations.

The Community Sanitation Fund, including Refuse and Street Cleaning activities, ended the 2023-24 fiscal year with an available balance of $13 million. This balance is $3 million more 13 AGENDA ITEM NO. 3.
than originally anticipated mainly due to deferred capital and repair and maintenance expenditures.

The Sewer Enterprise Fund ended the 2023-24 fiscal year with an available balance of $29 million which was $5 million more than anticipated due to deferred capital projects. Of the available balance, $10 million of rate stabilization funds are included to assist with meeting bond covenants if necessary.

The Water Enterprise Fund finished the 2023-24 fiscal year with an ending available balance of $28 million, which was $8 million more than anticipated. The difference is due to savings in expenditures in repair and maintenance, supply purchases and deferred capital projects.

The Transit Enterprise Fund ended the 2023-24 fiscal year with an available balance of $0.1 million, which is close to what was anticipated.

The Planning and Development Services Enterprise Fund ended the 2023-24 fiscal year with an available balance of $8.6 million, which is close to what was anticipated.

Other Operating Funds
The Housing and Community Development Fund (HCD) ended the 2023-24 fiscal year with a $2.3 million balance which was $3.4 million more than anticipated mainly due to a deferral of project expenditures.

The internal service funds, which provide services primarily to other City operations and funds, ended the 2023-24 fiscal year as reported below:
 The Liability and Property Fund ended with a balance of $1.9 million, which is close to what was anticipated.
 The Fleet Maintenance Fund ended with a balance of $28 million which is $5 million more than originally projected. The increase is mainly due to deferred equipment purchases due to supply issues.
 The Employee Benefits Fund ended with a balance of $17 million which is close to what was projected.
 The General Government Service Fund ended with a balance of $22 million which is $0.9 million less than anticipated. The variance is a result of deferred capital projects and delayed equipment purchases.

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
This report is for information only and no action is required. 14 AGENDA ITEM NO. 3.

ACTIONS FOLLOWING APPROVAL
The report will be filed.

CONFLICT OF INTEREST
None.

Prepared by: Gina Daniels, Assistant Finance Director
Reviewed by: City Manager AH
15 AGENDA ITEM NO. 3.

TO: Mayor and City Council
FROM: General Services Department
DATE: November 18, 2024
SUBJECT: General Services - Approval – Res. 24-___, Authorizing Amendments to the City’s Classification and Compensation Plans to adopt the Revenue Supervisor Classification with a Salary Range of $8,773 to $10,665 per month, and Approval – Res. 24-___, Amending the City’s FY 24-25 Position Allocation Plan to add one (1) Revenue Supervisor Position within the Finance Department.

ATTACHMENTS: 1. Res. 24-____ Classification and Compensation Plan

2. Res. 24-____ Position Allocation Plan

RECOMMENDATION
For City Council to approve a resolution authorizing amendments to the City’s Classification and Compensation Plans by adopting the Revenue Supervisor Classification with a Salary Range of $8,773 to $10,665 per month and approve a resolution amending the City’s FY 24-25 Position Allocation Plan by adding one (1) Revenue Supervisor position in the Finance Department.

EXECUTIVE SUMMARY
The Finance Director has determined the need for a Revenue Supervisor position to oversee staff responsible for billing, collecting, and recording payments related to utilities, as well as various other miscellaneous receivables. Given the City's growth, the Director has also emphasized the importance of supervisory experience for the new classification. As a result, the Position Allocation Plan will be updated to include one additional Revenue Supervisor position within the Finance Department. Any changes to the Classification, Compensation, or Position Allocation Plans must be approved by the City Council.

BACKGROUND
The Finance Director recently conducted a staffing review and determined that an additional position is necessary to supervise the day-to-day revenue operations of the Finance Department. The proposed Revenue Supervisor classification will be responsible for providing resources and system support to all subordinate staff. These changes address the evolving needs of the Department, driven by the City's growth and the increasing complexity of coordinating revenue collection responsibilities. It is recommended that the salary range for the Revenue Supervisor align with other management positions of similar responsibility, with a 16 AGENDA ITEM NO. 4.
proposed range of $8,773 to $10,665 per month. The Revenue Supervisor will be assigned to the management group, and the new classification and salary range reflect the City's current needs. The Position Allocation Plan will be updated to include one additional position, as detailed in Attachment 2A.

FISCAL IMPACT
The fiscal impact of salary and benefits for the remainder of FY 24-25 is approximately an additional $71,000. There are adequate funds in the Finance Department budget to cover the costs of this position.

REASON FOR RECOMMENDATION
The level of responsibility and staff oversight needed within the Finance Department warrants the need for the addition of one (1) Revenue Supervisor position. Approval from the Council is necessary for any changes to the City Classification, Compensation, and Position Allocation Plans.

ACTIONS FOLLOWING APPROVAL
Personnel staff will update the City’s Classification, Compensation and Position Allocation Plans with the addition of the Revenue Supervisor Position. The position vacancy will be filled through a recruitment.

CONFLICT OF INTEREST
None.

Prepared by: Lori Shively, Deputy General Services Director Reviewed by: City Manager _____
17 AGENDA ITEM NO. 4.

ATTACHMENT 1
RESOLUTION 24-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING AMENDMENTS TO THE CITY’S CLASSIFICATION AND COMPENSATION PLANS BY

ADOPTING A REVENUE SUPERVISOR CLASSIFICATION IN THE FINANCE

DEPARTMENT
WHEREAS, it has been determined that the City has a need to adopt the Revenue Supervisor classification to provide the necessary support to the Finance Department; and WHEREAS, it has been determined that the appropriate salary range for the Revenue Supervisor is $8,773 to $10,665 per month; and
WHEREAS, it has been determined that it is appropriate to assign the Revenue Supervisor classification to the Management Group.

NOW THEREFORE, BE IT RESOLVED, that the City of Clovis will modify the City’s Classification and Compensation Plans to include the Revenue Supervisor classification (Attachment A) with a monthly salary range of $8,773 to $10,665. * * * * *
The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on November 18, 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Dated: November 18, 2024
___________________________ __________________________
Mayor City Clerk
18 AGENDA ITEM NO. 4.

City of Clovis
Revenue Supervisor
Monthly Salary Range: $8,773 to $10,665

DEFINITION
Under general supervision, plan, organize, and supervise staff engaged in billing, collecting, and recording payments including utilities, business tax, transient occupancy tax, various permits and fees and other miscellaneous receivables; handle the more difficult and complex customer service situations and requests and perform related work as required.

CLASS CHARACTERISTICS
This classification is responsible for supervision of the day-to-day revenue operations of the Finance Department and performs the most complex and technical activities of the revenue collection function. The incumbent is expected to provide resources, system support, and oversight to all subordinate staff. The incumbent acts with a high degree of independence of action in the assigned areas of responsibilities. Direction provided to incumbent consists of the assignment of responsibility for attaining objectives according to policy and procedure guidelines. Incumbent is expected to develop methods and procedures for solving problems encountered. Except where a deviation in policy is involved, most of the work is not reviewed directly by a supervisor. When work is reviewed, the review is directed toward final outcome and results. Incumbent reports directly to the Deputy Finance Director.

EXAMPLES OF DUTIES
Duties may include but are not limited to the following: plan, schedule, assign and evaluate the work of assigned staff; plan, organize, and supervise water, wastewater and solid waste utility billing, business licensing and transient occupancy tax activities, other revenue collections as assigned along with related customer service functions; ensure timely and accurate billings/collection and recording of revenues, resolution of delinquent accounts, and operation of an online billing/payment system; ensure efficient and effective processing of payments and cashiering duties; ensure timely implementation of rate changes; participate in the selection, training and development of assigned staff; build and maintain positive working relationships with co-workers, other City employees and the public using principles of good customer service; conduct group and individual conferences to discuss rules, regulations, policies, procedures and staff performance; work with employees to correct deficiencies; implement discipline procedures as required; maintain discipline and high standards necessary for the efficient and professional operation of the department; enforce rules and regulations and perform other duties as required.

TYPICAL QUALIFICATIONS

LICENSE REQUIRED
Possession of a valid Class C California Driver's License and a good driving record.

EDUCATION AND EXPERIENCE
Education:
 Graduation from an accredited college or university with a Bachelor's Degree in Business Administration, Public Administration or related field.

ATTACHMENT A 19
AGENDA ITEM NO. 4.

And
Experience:
 Five years of increasingly responsible experience in a variety of financial activities.  A minimum of two years in a lead/supervisory capacity.

Desirable Experience:
 Five years of municipal utility billing, collections and in a customer service environment.

QUALIFICATIONS
Knowledge of:
 General municipal revenue and accounting principles and practices;  Principles and practices of revenue and payment processing including utility billing, business licenses, transient occupancy tax and related customer service activities;  Principles and procedures of financial record keeping and reporting;  Customer service practices and techniques as applied to telephone helpline and public counter operations;
 Principles and practices of leadership, project management, motivation, team building and conflict resolution;
 Principles and practices of personnel supervision, training, discipline, and performance evaluation;
 Modern office methods, procedures, and practices;
 Financial analysis and research methods;
 Business mathematics and statistics;
 Appropriate safety precautions and procedures;
 Pertinent federal, state, and local laws, codes, and regulations.

Ability to:
 Oversee and participate in the management of a comprehensive revenue and utility billing program;
 Plan, coordinate and control the work of subordinates;  Apply a strong emphasis on customer service balancing the legal requirements of the Clovis Municipal Code with the unique circumstances each potential customer brings;  Conduct analyses and prepare written reports on various projects in a clear and concise manner and explain them clearly and logically to others;  Supervise, train, evaluate and discipline subordinates when required;  Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals;  Interpret and apply City and department policies, procedures, rules, and regulations;  Develop and recommend policies and procedures related to assigned operations;  Communicate clearly and concisely, both orally and in writing;  Establish and maintain effective working relationships with those contacted in the course of work.
20 AGENDA ITEM NO. 4.

SUPPLEMENTAL INFORMATION

PHYSICAL DEMANDS AND WORKING CONDITIONS
 Work is primarily sedentary and primarily conducted in an office environment;  Incumbent is required to travel within and outside of the City;  Incumbent is required to attend periodic evening meetings. 21 AGENDA ITEM NO. 4.

ATTACHMENT 2
RESOLUTION 24-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING AMENDMENTS TO THE CITY’S FY 24-25 POSITION ALLOCATION PLAN WHEREAS, the FY 24-25 Position Allocation Plan in the Finance Department was approved as part of the FY 24-25 City Budget adoption process; and WHEREAS, a review of the staffing needs for the Finance Department indicates that the addition of one (1) Revenue Supervisor position is necessary in order to provide the support needed for the Finance Department; and
WHEREAS, amending the City’s adopted FY 24-25 Position Allocation Plan requires City Council authorization.

NOW, THEREFORE, BE IT RESOLVED, by the City of Clovis that the City’s FY 24-25 Position Allocation Plan shall be amended as noted in Attachment A. * * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on November 18, 2024, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:
______________________________ ______________________________ Mayor City Clerk
22 AGENDA ITEM NO. 4.

ATTACHMENT A
POSITION ALLOCATION ADJUSTMENT BY DEPARTMENT FY 24-25

DEPARTMENT NUMBER OF POSITIONS
Finance Department
Add: Revenue Supervisor 1.0
23 AGENDA ITEM NO. 4.

TO: Mayor and City Council
FROM: General Services Department
DATE: November 18, 2024
SUBJECT: General Services – Approval – Res. 24-__, Amending the City’s Classification and Compensation Plans by Revising the Senior Services Supervisor Classification with a Salary Range of $8,773 to $10,665 per month; and Approval – Res. 24.___, Amending the City’s FY 2024-2025 Position Allocation Plan by adding one (1) Senior Services Supervisor within General Services; and Approval – Res. 24-__, Amending the General Services Budget to reflect an additional $71,000 in General Fund expenditure.

ATTACHMENTS: 1. Resolution 24-____, Revision of Classification Plan

2. Resolution 24-____, Position Allocation Plan Amendment

3. Resolution 24-____, Budget Amendment

RECOMMENDATION
For the City Council to approve a resolution amending the City’s Classification and Compensation Plans by revising the Senior Services Supervisor Classification with a monthly salary range of $8,773 to $10,665, for the City Council to approve a resolution amending the City’s FY 2024-2025 Position Allocation Plan by adding one (1) Senior Services Supervisor within General Services, and for the City Council to approve a resolution amending the General Services Budget to reflect an additional $71,000 in General Fund expenditure.

EXECUTIVE SUMMARY
The demand for services and volume of participants at the new senior center makes it necessary to reestablish the Senior Center Supervisor position for direct oversight of daily operations. It is recommended that the City update the Senior Services Supervisor Classification and Compensation Plan, the City’s Position Allocation Plan by adding one (1) Senior Services Supervisor, and amend the budget to reflect the additional position.

BACKGROUND
Within the General Services Department, the Community Services Division is comprised of the Public Transit, Recreation, and Senior Services sections. Traditionally, each section has been managed by supervisors or managers. In 2009, the Senior Services Supervisor position was eliminated during the economic downturn and direct oversight of the senior center was incorporated into the General Services Manager responsibilities. 24 AGENDA ITEM NO. 5.

Since that time, the Community Services Division has grown as the community has grown. In 2023, a new senior center facility opened and has been very well received by the region.

Membership in the new center has grown 85% in the first eleven months of operation to almost 9,500 members. With the opening of the new Senior Center, an additional full-time custodian was added, as well as three part-time office staff and ten part-time class instructors. The logistics and oversight for the facility that is averaging 600 visitors daily requires constant monitoring and focus to maintain safety and quality. A dedicated supervisor is needed to ensure that the facility, operation, and staff are functioning appropriately and in a manner that focuses on sustainable and healthy growth.

It is also recommended that the Senior Services Supervisor Classification be updated to reflect the current duties, experience and qualifications needed to perform the position. This update also includes a salary range of $8,773 to $10,665 per month.

FISCAL IMPACT
The fiscal impact for the remainder of FY 2024-2025 for salary and benefits of the new position would be approximately $71,000 from the General Fund.

REASON FOR RECOMMENDATION
Reestablishment of the Senior Services Supervisor will provide the needed support and oversight for the Clovis Senior Activity Center as it continues to grow. Council approval is required to modify the current City Classification and Compensation Plan, modify the City’s FY 2024-2025 Position Allocation Plan, and to approve the change to the FY 2024-2025 General Services budget.

ACTIONS FOLLOWING APPROVAL
The City’s Classification and Compensation Plan will be updated to include Senior Services Supervisor, the City’s FY 2024-2025 Position Allocation Plan will be updated to include one (1) Senior Services Supervisor, and the FY 2024-2025 General Services Budget will be changed to include the new position. The position vacancy will be filled through a recruitment.

CONFLICT OF INTEREST
None.

Prepared by: Amy Hance, General Services Director
Reviewed by: City Manager JH
25 AGENDA ITEM NO. 5.

ATTACHMENT 1
RESOLUTION 24-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING AMENDMENTS TO THE CITY’S CLASSIFICATION PLAN FOR THE

SENIOR SERVICES SUPERVISOR CLASSIFICATION IN THE

GENERAL SERVICES DEPARTMENT
WHEREAS, it has been determined that amendments to the classification, and updates to the definition, examples of duties, and qualifications sections of the Senior Services Supervisor classification are necessary to accurately depict the duties and qualifications in order to recruit for this position; and WHEREAS, modification of the City’s Classification Plan requires authorization by the City Council.

NOW THEREFORE, BE IT RESOLVED, that the City of Clovis will modify the Senior Services Supervisor classification (Attachment A).
* * * * *
The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on November 18, 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Dated: November 18, 2024
___________________________ __________________________
Mayor City Clerk
26 AGENDA ITEM NO. 5.

ATTACHMENT A
City of Clovis

SENIOR SERVICES SUPERVISOR

DEFINITION
Under general direction, to design, implement, supervise, monitor the various activities of the City’s Senior Services Section: to perform related duties as required.

CLASS CHARACTERISTICS
The Senior Services Supervisor is a management-level classification that oversees the day-to-day operation of the City’s Senior Services programs. The incumbent supervises the development, implementation and operation of community senior service programs. Instructions given by a division or department head general do not provide all of the information needed to complete the assignment. Incumbent is expected to resolve most problems confronted through the application of judgement and precedent, referring to their superior only those which involve the establishment of new procedures, or which involve situations that are inconsistent with departmental procedures and policies. When work is reviewed, the review is directed toward final outcome and results. The incumbent reports to and receives general direction from the Deputy General Services Director.

EXAMPLES OF DUTIES
Supervises, plans, organizes, implements and evaluates a variety of senior recreation programs and activities; establishes and adjusts work schedules, sets priorities for, trains and reviews the work of assigned personnel; conducts performance evaluations; recommends hiring and discipline of subordinates employees; establishes standards of performance; conducts staff meetings; instructs assigned staff in work methods; checks and corrects work in progress and upon completion; reports to division or department head problems encountered in the assigned work and progress in completing work assignments; observes and enforces safety regulations; attends and conducts meetings and training sessions; markets and promotes recreation programs; works with local agencies and service organization to coordinates scheduled activities and use of facilities; serves as a liaison between the City and various community groups concerning the implementation of senior service programs; prepares periodic reports detailing the status of senior program activities; responds to inquiries, complaints and correspondence; maintains program records; develops media releases fliers and other promotional materials for program activities; prepares purchase orders; prepares and monitors program budget; and performs related duties as required.
27 AGENDA ITEM NO. 5.

QUALIFICATIONS

LICENSE/CERTIFICATION REQUIRED
 Possession of a valid California Driver's License and good driving record.  Possession of current First Aid and CPR certificates; or ability to obtain within the first six (6) months of employment

EDUCATION AND EXPERIENCE
Education –
 Graduation with a Bachelor’s Degree from an accredited college or university with major study in public administration, social services, gerontology, or a related field.

And
Experience –
 Five (5) years of progressively responsible supervisory experience in senior services or social services-related programs.

Knowledge of:
 Common recreational and social needs of older adults;  Modern methods, techniques, principles, and procedures used in the planning, development and implementation of senior recreation programs and operations;
 Principles and practices of supervision and budget management;  Laws, regulations, and rules affecting the provision of senior recreation programs;
 Safe work practices and related regulations and procedures for public recreation programs;
 Grant writing/application processes;
 Applicable Federal, State, and local laws, regulations, ordinances and policies.

Ability to:
 Develop and administer a wide variety of senior recreation programs suites to the needs of the community;
 Recruit, train, assign, supervise, and evaluate the work of assigned staff;  Perform research and analysis.
 Develop and administer budgets.
 Communicate effectively, both orally and in writing;
 Exercise independent judgment in the solution of challenges.  Analyze, interpret, and explain policies and procedures; 28 AGENDA ITEM NO. 5.
 Establish and maintain effective working relationships with officials, employees, organizations, and the general public.

PHYSICAL DEMANDS AND WORKING CONDITIONS
 Incumbent is required to attend evening and weekend meetings and events.  Incumbent is required to travel within and out of the City for work-related business.
 Work is primarily sedentary and typically conducted in an office environment.
 Work may include occasional lifting, carrying or pushing objects weighing up to 25 pounds, and infrequent lifting pulling and/or pushing of objects weighting up to 50 pounds.
29 AGENDA ITEM NO. 5.

RESOLUTION 24-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING AMENDMENTS TO THE CITY’S FY 2024-2025 POSITION ALLOCATION PLAN

IN GENERAL SERVICES
WHEREAS, the FY 2024-2025 Position Allocation Plan in General Services was approved as part of the FY 2024-2025 City budget adoption process; and WHEREAS, a review of the staffing needs of the City indicates that the addition of one (1) Senior Services Supervisor position is necessary in order to provide the needed oversight of the senior center; and
WHEREAS, amending the City’s adopted FY 2024-2025 Position Allocation Plan requires City Council authorization.

NOW THEREFORE, BE IT RESOLVED by the City of Clovis that the City’s FY 2024- 2025 Position Allocation Plan shall be amended as noted in Attachment A. * * * * *
The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on November 18, 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: November 18, 2024
___________________________ __________________________
Mayor City Clerk
ATTACHMENT 2
30 AGENDA ITEM NO. 5.

ATTACHMENT A
POSITION ALLOCATION ADJUSTMENT BY DEPARTMENT FY 2024 - 2025

DEPARTMENT NUMBER OF POSITIONS
General Services
Add: Senior Center Supervisor 1.0

31 AGENDA ITEM NO. 5.

ATTACHMENT 3
RESOLUTION 24-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
APPROVING AN AMENDMENT TO THE FY 2024-2025

GENERAL SERVICES DEPARTMENT BUDGET
WHEREAS, the City Council adopted the FY2024-2025 city budget on June 10, 2024; and
WHEREAS, the addition of a Senior Services Supervisor has been determined to be necessary for operational oversight of the senior center; and WHEREAS, this expenditure was not included in the original adopted budget.

NOW, THEREFORE BE IT RESOLVED, by the City of Clovis approving the budget amendment as shown in the “Summary of Expenditures/Revenues by Department” and “Summary of Expenditures/Revenues by Fund” as Attachment A. * * * * *
The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on November 18, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Dated: November 18, 2024
________________________ ___________________________
Mayor City Clerk
32 AGENDA ITEM NO. 5.

ATTACHMENT A

SUMMARY OF EXPENDITURES BY DEPARTMENT
DEPARTMENT – GENERAL SERVICES
Senior Services $71,000
TOTAL DEPARTMENT $71,000
TOTAL ALL DEPARTMENTS $71,000

SUMMARY OF EXPENDITURES BY FUND
General Fund $71,000
TOTAL FUND $71,000
___________________________________________________________________

SUMMARY OF REVENUES BY DEPARTMENT
DEPARTMENT – GENERAL SERVICES
Senior Services
General Fund $71,000
TOTAL DEPARTMENT $71,000

SUMMARY OF REVENUES BY FUND
General Fund $71,000
TOTAL FUND $71,000
33 AGENDA ITEM NO. 5.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: November 18, 2024
SUBJECT: Planning and Development Services - Approval – Res. 24-___, Annexation of Miscellaneous Properties to the Landscape Maintenance District No. 1.

ATTACHMENTS: 1. Res. 24-___

RECOMMENDATION
For the City Council to approve Resolution 24-___, approving annexation of miscellaneous properties into City of Clovis Landscape Maintenance District (LMD) No. 1.

EXECUTIVE SUMMARY
The developers / property owners of the properties listed in Attachment A of the proposed resolution have submitted executed landscape maintenance covenants, copies of which are on file with the City Clerk, indicating consent to annexation of the subject property into the City of Clovis Landscape Maintenance District No. 1. This action will annex each of these properties into the Landscape Maintenance District so that they can be assessed for maintenance costs within their respective areas.

BACKGROUND
Council formed the original district on July 15, 1985, for the purpose of funding the maintenance of landscaped areas and parks. These properties are being brought to Council for annexation to the district as a group rather than separately in an effort to conserve staff resources and Council’s time. Under the provisions of the Landscaping and Lighting Act of 1972, if all of the owners of property proposed for annexation provide written consent to annexation, then noticing, hearing, and filing of an Engineer’s Report is not required.

Under the provisions of the Landscaping and Lighting Act of 1972, and in accordance with Article XIII C and Article XIII D of Proposition 218, all the owners of property proposed for annexation have provided a written request and consent to annexation and have executed a covenant (petition) indicating acceptance of the annual assessment. 34 AGENDA ITEM NO. 6.

FISCAL IMPACT
This project will add any landscaped areas and will incrementally increase maintenance revenue through annual assessments from the annexed properties. Current year to date status of landscape maintenance district facilities is as follows:

Various LMD’s Year to Date
Under Consideration
LMD Landscaping added: 0.000 acres 1.920 acres
Resource needs added: 0.000 person 0.192 person
The resource needs estimate is based on 1 person per 10 acres of landscaped area.

REASON FOR RECOMMENDATION
The property owners for the miscellaneous properties have requested or consented to annexation into the City of Clovis LMD No. 1.

ACTIONS FOLLOWING APPROVAL
The miscellaneous properties shall become a part of the City of Clovis LMD No. 1 and will be assessed next year for maintenance costs.

CONFLICT OF INTEREST
None.

Prepared by: Daniel Negrete, Engineer II
Reviewed by: City Manager AH
35 AGENDA ITEM NO. 6.

Attachment 1
RESOLUTION 24-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
APPROVING ANNEXATION TO LANDSCAPING MAINTENANCE DISTRICT NO. 1 OF

THE CITY OF CLOVIS
WHEREAS, City of Clovis Landscape Maintenance District No. 1 ("District") was formed by Resolution No. 85-78, adopted July 15, 1985, pursuant to Part 2 of Division 15 of the Streets and Highways Code (Landscape and Lighting Act of 1972), herein the "Act"; and WHEREAS, all of the owners of property proposed to be annexed to the District consisting of proposed developments as described in Attachment A attached hereto and incorporated herein by reference, have consented to said annexation and such annexation may be ordered without notice and hearing or filing of engineer's report, or both.

NOW, THEREFORE, BE IT RESOLVED, that the City of Clovis do the following:

1. That the public interest and convenience require that certain property described in Attachment A attached hereto and by reference incorporated herein be annexed into Landscape Maintenance District No. 1 of the City of Clovis for the maintenance and servicing of landscaping facilities.

2. The City Clerk shall receive and file the maps showing the boundaries of the areas annexed as set forth in Attachment A which boundaries shall be used for assessment proceedings until and unless a change of organization is approved pursuant to the Act. * * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on November 18, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:
______________________________ ______________________________ Mayor City Clerk
36 AGENDA ITEM NO. 6.

Attachment A
Miscellaneous properties to be added to the Landscape Maintenance District No. 1 of the City of Clovis:

Project Number Address Developer/Owner
BD-CMBR-24-01168 1160 Third St The Moser Family Trust, U/A BD-CMBR-24-01160 935 W Euclid Ave Palmer D. Cramer
BD-CMBR-24-02804 1561 Fifth St Jonathan Gonzalez Cruz, a single man SPR 2008-016 242 N Minnewawa Ave Clovis Industrial Park, Inc.

BD-CMBR-24-01325
BD-CMBR-24-01324
336 N Phillip Ave MD Legacy Holdings, LLC
SPR 2019-018 965 Barstow Ave HK Equities, LLC
SPR 2023-008 650 W Herndon Ave
700 W Herndon Ave
Lakhijit S. Sandhu and Devinder K. Sandhu, husband and
wife as Joint Tenants as to an undivided 50% interest and Rohit Sundrani and Vimy Sundrani,
BD-CMBR-24-02414 848 Third St Darryl R. DeLuca Revocable Trust BD-CMBR-24-02876 687 W Ashcroft Ave Karl Malotke and Heather Malotke BD-CMBR-24-02198 2465 Burl Ave Justin M. Priddy and Karri R. Priddy BD-CMBR-24-00474 763 W Menlo Ave Chiraporn R. Curnyn
BD-CMBR-24-01929 1481 Gibson Ave Claudia Nelson
BD-CMBR-24-00723 1656 Fourth St Francisco Aguayo, an unmarried man BD-CMBR-24-01591 534 Santa Ana Ave Carlos A Ortiz Patino and Giezi L Penaloza Arguello, Husband and wife
BD-CMBR-24-01518 2548 Los Altos Cheryl L. Wilson, an unmarried woman BD-CMBN-24-04791 170 W Shaw Ave John W. Nipp and Natalia V. Nipp BD-CMBR-24-01443 1776 Fairmont Ave Saul Mojica and Angelica Mojica MFRDR 2023-001 1491 Alluvial Ave Arman Zakaryan, Trustee of the Zakaryans Living Trust dated August 22, 2013
SPR 2022-014 288 W Shaw Ave Brown and Associates Clovis, LLC SPR 2023-003 615 Barstow Ave Lucido Family Partnershsip, a California general partnership
BD-CMBR-24-01818 2836 Purdue Ave Luis Alfredo Lopez and Aura N. Lopez SPR 1983-021A 1200 Scott Ave Clovis Apartment Group, LLC BD-CMBR-24-00554 281 Minnewawa Ave Darell L. Kroeker and Katherine F. Kroeker, Trustees of the 2022 Kroeker Family Revocable Trust
BD-CMBR-24-01520 438 W Birch Ave Thomas D. Frost Trust dated February 6, 2024 BD-CMBR-24-02005 603 Music Ave Fernando Copetti Visciglio and Carla Padgett, husband and wife as community property with right of survivorship BD-CMBR-24-00702 134 N Pollasky Ave Jeff Siebenaler and Dina Siebenaler, husband and wife as joint tenants
SPR 1986-049A 900 W Shaw Ave Gary Steven Pleau and Vivian Marianne Pleau BD-CMBR-23-04717 1615 Fifth St Tower Rentals, LLC
BD-CMBR-23-03898 80 N Tammi Ct Kimberly A. Johnson, a married woman BD-CMBR-23-04493 46 N Woodworth Ave Garett E. Sons, a married man 37 AGENDA ITEM NO. 6.

BD-CMBR-23-04792 1125 Woodworth Ave CST Properties LLC.

BD-CMBR-24-00517 1665 Fourth St Travis Cluff, a married man as his sole and separate property
BD-CMBR-23-03589 941 Woodworth Ave Vincent Darnell and Brittney Darnell, Husband and wife, as joint tenants
BD-CMBR-23-03654 148 Acacia Ave Jasmeet S. Khela and Gaganpreet K. Khela, Co-trustees of the Khela Family Trust under declaration of trust dated august 8, 2023
38 AGENDA ITEM NO. 6.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: November 18, 2024
SUBJECT: Planning and Development Services – Approval – Res. 24-___, Amend the 2024-2025 Community Investment Program Budget for General Government Services Fund, for the Peg Bos Plaza Project at the northwest corner of Third Street and Sunnyside Avenue in the amount of $100,000.

ATTACHMENTS: 1. Res. 24-___

2. Project Rendering

3. Vicinity Map

RECOMMENDATION
For the City Council to approve a resolution amending the General Government Services budget in the 2024-2025 Community Investment Program (CIP) to include the Peg Bos Plaza Project and authorize expenditures from the General Government Services Fund in the amount of $100,000.

EXECUTIVE SUMMARY
Staff is recommending that the City Council approve an amendment to the Community Investment Program to include the Peg Bos Plaza Project and authorize expenditures from the General Government Services Fund.

The project includes a monument sign on the existing concrete pedestal and brick veneer on the existing block wall around the perimeter of the site, located at the northwest corner of Third Street and Sunnyside Avenue. This new public space is dedicated to one of Clovis’ true trailblazers, Peg Bos, the first female Mayor of the City.

BACKGROUND
The Peg Bos Plaza Project is not currently included in the 2024-2025 Community Investment Program. Staff is proposing to amend the Community Investment Program to include the project and authorize expenditures from the General Government Services Fund.

Peg Bos was the first female Mayor of Clovis, Planning Commissioner, and City Councilmember.

She was the force behind rejuvenating the Clovis Big Dry Creek Historical Society and Museum. 39 AGENDA ITEM NO. 7.

The Peg Bos Plaza Project is the City’s newest monument to our Clovis heritage, highlighting this remarkable woman and civic leader. Peg Bos’s story will be told in the plaza and, as time goes on, Peg Bos Plaza, will be a place where we can recognize other leaders with her same spirit that have helped build our city in ways large and small.

FISCAL IMPACT
A budget amendment will add $100,000 to the 2024-2025 Community Investment Program in the General Government Services Fund. There are sufficient funds available in the General Government Services Fund for the anticipated cost of this project.

REASON FOR RECOMMENDATION
The Budget Amendment is needed to authorize the expenditure in the General Government Services Fund for the addition of the Peg Bos Plaza Project.

ACTIONS FOLLOWING APPROVAL
Funds will be appropriated and accounted for in the City of Clovis 2024-2025 CIP Budget as specified in the attached budget amendment.

CONFLICT OF INTEREST
None.

Prepared by: Tiffany Ljuba-Silguero, Engineer II
Reviewed by: City Manager AH
40 AGENDA ITEM NO. 7.

Attachment 1
RESOLUTION 24-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
APPROVING AN AMENDMENT TO THE FY 2024-2025 CIP BUDGET
WHEREAS, the City Council adopted the FY 2024-2025 City budget on June 10, 2024; and
WHEREAS, the City Council approved the expenditure of funds for the 2024-2025 Community Investment Program – General Government Services Fund; and WHEREAS, the expenditures needed for the Peg Bos Plaza project were not included in the 2024-2025 Community Investment Program – General Government Services Fund; and WHEREAS, it has been determined that the funds for the costs can be allocated from the General Government Services Fund in the amount of $100,000.

NOW, THEREFORE, BE IT RESOLVED, that the City of Clovis hereby approves the budget amendment as shown in the “Summary of Expenditures by Section” and the “Summary of Expenditures by Fund” as shown as Attachment A. * * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on November 18, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:
______________________________ ______________________________ Mayor City Clerk
41 AGENDA ITEM NO. 7.

Attachment A

SUMMARY OF EXPENDITURES BY SECTION
GENERAL SERVICES CAPITAL FACILITIES $100,000
TOTAL SECTION $100,000

SUMMARY OF EXPENDITURES BY FUND
GENERAL GOVERNMENT SERVICES $100,000
TOTAL FUND $100,000
42 AGENDA ITEM NO. 7.

Attachment
2 43
AGENDA ITEM NO. 7.

Attachment 3
44 AGENDA ITEM NO. 7.

TO: Mayor and City Council
FROM: Administration
DATE: November 18, 2024
SUBJECT: Police Department - Approval - Request to Authorize the City Manager to enter into a five-year agreement with BRINC Drones to Implement a Drone as First Responder Program in the amount of $1,118,035.93.

ATTACHMENTS: 1. Clovis Police Department Drone as a First Responder (DFR) Agreement

2. Sole Source Letter for BRINC DFR Program

RECOMMENDATION
For the City Council to approve the proposed BRINC Drone as First Responder (DFR) Program and authorize the City Manager to enter a five-year contract with BRINC Drones for the acquisition and deployment of the necessary equipment and training.

EXECUTIVE SUMMARY
Approval of this agreement will allow for the acquisition and implementation of BRINC Drones as part of the Clovis Police Department’s DFR Program. This program will enhance situational awareness, reduce response times, and improve public safety outcomes by deploying drones to emergency scenes.

BACKGROUND
The Clovis Police Department remains at the forefront of leveraging technology to enhance service quality, efficiency, and officer safety.

In 2020, the Police Department implemented a pilot DFR (Drone as a First Responder) program.

This initiative successfully reduced service calls, improved response times, and enhanced situational awareness. However, due to FAA regulations, staffing challenges, and technological limitations, the program was suspended. Recent technological advancements have now enabled the deployment of temperature-controlled drone docking stations across the city, allowing for the remote launching of drones to respond to priority service calls. These enhancements have also reduced the required operational staff from three to one. Furthermore, the software used to manage and monitor drone video feeds is now employed in the deployment of tactical interior drones, known as the Lemur 2. This turnkey program provides aerial support coverage for approximately 90 percent of the city.
45 AGENDA ITEM NO. 8.

The DFR program is essential to this mission as it significantly improves response times and boosts situational awareness. Drones can be deployed almost instantaneously, often reaching emergency scenes before ground units. This rapid deployment enables law enforcement to assess situations from the air, offering real-time intelligence on suspect locations, victim conditions, or the scope of hazardous situations. The aerial perspective allows officers to make informed decisions before arriving on the scene, which is especially crucial during high-risk incidents such as active shooter situations, search and rescue operations, or natural disasters.

This ability to observe incidents remotely enhances officer readiness and ultimately improves safety for both the public and responding officers.

In addition to supporting police operations, the DFR program has proven valuable in coordinating with fire department emergency responses. Drones provide critical insights during fire-related incidents, allowing firefighters to assess the size and spread of fires, identify points of entry, and determine the safest evacuation routes for occupants. For large-scale industrial fires, drones can help monitor hotspots, guide firefighting teams to the most critical areas, and relay real-time updates on wind direction or fire progression. By delivering aerial thermal imaging, drones also assist firefighters in locating individuals trapped within structures, enhancing rescue efficiency and reducing the risk to firefighters in hazardous environments. This integration of aerial support into fire response has accelerated rescue operations and increased the effectiveness of firefighting resources.

Moreover, drones contribute to cost savings and more efficient resource allocation for law enforcement and fire departments. Instead of deploying multiple personnel or costly aerial assets like helicopters, drones can manage tasks such as crime scene monitoring, fire perimeter mapping, and large-area surveys at a fraction of the cost. This allows departments to allocate human resources more effectively, prioritizing critical, hands-on activities while drones handle surveillance and evidence collection. Additionally, drones act as effective de-escalation tools, equipped with loudspeakers for communication and providing officers with a safe vantage point to assess potentially dangerous situations, thereby reducing the risk to both law enforcement personnel and the community

FISCAL IMPACT
The total cost of the program is $1,118,035.93 million dollars over five years, which includes the purchase of drones, installation of stations, software licensing, training, and support services.

Funding for the program has been secured through department budget allocations. Clovis Police Department may terminate the contract at any point during the 5-year agreement.

REASON FOR RECOMMENDATION
The Drone as a First Responder program improves public safety by providing rapid situational awareness, reducing risks, enhancing resource allocation, and offering a cost-effective solution for law enforcement operations.

ACTIONS FOLLOWING APPROVAL
The Police Department will finalize the DFR contract with BRINC and move forward with implementing the program.
46 AGENDA ITEM NO. 8.

CONFLICT OF INTEREST
None.

Prepared by: Josh Richards, Police Lieutenant
Reviewed by: City Manager JH
47 AGENDA ITEM NO. 8.

Clovis Police Department DFR
Clovis Police Department, CA
1233 5th St
Clovis, CA 93612
United States
Reference: 20240517-091443790
Quote created: May 17, 2024
Quote expires: November 30, 2024
Quote created by: Joe Schmidt
Sr. Territory Sales Executive
[email protected]
+15035518494
Any applicable taxes the agency owes will be added when invoicing if they are not included in this quote. If the agency is tax-exempt, please provide documentation to your BRINC Drones point of contact.

Comments from Joe Schmidt
Station implementation w/ ground based radar solution dependent on VO waiver approval by FAA. BRINC will provide the agency credit for ground-based radar. A credit of $225,000 will be provided as part of this quote towards the implementation of ground-based radar upon delivery of Station.

Item & Description Quantity & Total
Year 1 - Clovis PD DFR 1 x
$100,000.00
Hardware Delivery:
2x Responder w/ Station DFR
- LiveOps DFR
- Inclusive of parachute attachments
Training
No questions asked repairs/replacements on all airframes.

Limit 1x camera replacement per year for Responder. (manufacturer-related camera defects will be rectified by BRINC. )
Maintenance on Stations included.

Waiver Support
$244,698.00
after $144,698.00 discount ATTACHMENT 1
48 AGENDA ITEM NO. 8.

Item & Description Quantity & Total
Year 2 - Clovis PD DFR 1 x
$172,434.82
Year 3 - Clovis PD DFR 1 x
$272,934.15
Year 4 - Clovis PD DFR 1 x
$286,333.48
LiveOps DFR
No questions asked repairs/replacements on all airframes.

Limit 1x camera replacement per year for Responder. (manufacturer-related camera defects will be rectified by BRINC. )
Maintenance on Stations included.
$244,698.00
after $72,263.18 discount
Hardware Delivery:
1x Guardian and Guardian Station delivery/installation.

Hardware refresh for all Responder and Lemur airframes. Refresh of 2 Responder Stations if re‐ quired for new Responder airframe.
- LiveOps DFR
- Inclusive of parachute attachment for Responder and Guardian airframes Training on new airframes
No questions asked repairs/replacements on all airframes.

Limit 1x camera replacement per year for Responder and Guardian. (manufacturer-related cam‐ era defects will be rectified by BRINC. )
Maintenance on Stations included.
$394,697.00
after $121,762.85 discount
LiveOps DFR
LiveOps Tactical
No questions asked repairs/replacements on all airframes.

Limit 1x camera replacement per year for Responder and Guardian. (manufacturer-related cam‐ era defects will be rectified by BRINC. )
Maintenance on Stations included.

Continuation of LEMUR 2 Safeguard Program
$414,696.00
after $128,362.52 discount
49 AGENDA ITEM NO. 8.

Item & Description Quantity & Total
Year 5 - Clovis PD DFR 1 x
$286,333.48
One-time subtotal $1,118,035.93
Total $1,118,035.93
Purchase Terms and Bundle Details
This quote is governed by the terms and conditions found in the Brinc Master Services Agreement Signature
Signature Date
Printed name
Hardware refresh for all Responder, Lemur, and Guardian airframes. Refresh of 2 Responder Stations and 1 Guardian Station if required for new Responder and Guardian airframes. - LiveOps DFR
-LiveOps Tactical
- Inclusive of parachute attachment for Responder and Guardian airframes Training on new airframes
No questions asked repairs/replacements on all airframes.

Limit 1x camera replacement per year for Responder and Guardian. (manufacturer-related cam‐ era defects will be rectified by BRINC. )
Maintenance on Stations included.
$414,696.00
after $128,362.52 discount
after $595,449.07 discount
50 AGENDA ITEM NO. 8.

Questions? Contact me
Joe Schmidt
Sr. Territory Sales Executive
[email protected]
+15035518494
BRINC
1055 N. 38th St.

Seattle, WA 98103
United States
51 AGENDA ITEM NO. 8.

Sole Source Letter for BRINC’s Drone as First Responder Program BRINC Drones is the only company creating the hardware, software, and services associated with BRINC’s Drone as First Responder (DFR) program. This program features U.S. manufactured, NDAA-compliant hardware and offers a comprehensive public safety solution. It integrates program-related services, specialized software, both outdoor and indoor drone capabilities, and a drone nest, providing a unique set of features.

Outdoor Capabilities: BRINC Responder Drone
● Integrated loudspeaker (with siren function) and microphone, transforming the drone into a mobile communication hub for negotiations, emergency announcements, and more. ● Equipped with a 3-axis gimbal paired with a high-resolution camera, ensuring stable and clear aerial footage for optimal situational awareness.
● 40x total zoom capability, provides detailed imagery even from a considerable distance, enhancing mission capabilities.
● 640 px thermal camera makes it easy to identify people or see fire through smoke and provides situational awareness even in low or no light conditions. ● With a flight time of 42 minutes, agencies are able to cover larger areas and complete missions more efficiently.
● Integrated emergency lights and siren enhance visibility and make it clear to the public that this is an emergency vehicle deploying to a call for service. ● Emergency responder markings on the drone clearly identify it as a public safety vehicle, and can be customized to include agency badge, patch, or city emblem. ● Forward obstacle avoidance sensors enhance flight safety by detecting and navigating around obstacles in real-time, reducing the risk of collisions. ● Features a versatile attachment rail, accommodating accessories such as a spotlight and payload dropper.
● Included AVSS parachute offering a streamlined FAA approval process for drone operators wishing to conduct operations over people.
● IP X4 weather resistance for greater useability in harsh conditions. ● Designed and manufactured in the USA, meeting the security standards set forth by the National Defense Authorization Act (NDAA).
● Lemur 2 and Responder share a common controller, charger, accessories, mesh radios, and software making it easy to standardize on a single solution. ● Blended cellular connection using both a 4G LTE module and BRINC Connect mesh networking radios for teleoperations or robust local control.

Deploy From Pre-Positioned Sites: BRINC Responder Station ● Enables autonomous drone take-off and landing procedures, streamlining mission deployment and operational efficiency while being ready to deploy at a moment’s notice. 1055 N. 38th Street Seattle, WA 98103
ATTACHMENT 2
52 AGENDA ITEM NO. 8.
● An automatic charging mechanism charges the drone by centering it within the Station, where compatible contacts on the drone’s legs establish a connection, ensuring operational readiness.
● Station doors provide a protective shield, safeguarding the drone from environmental factors such as adverse weather conditions, dust, and debris.
● Station is engineered to operate in challenging climates, ensuring reliable performance under adverse weather conditions.
● Rapid opening mechanism under 5 seconds for rapid response. ● Common 120 VAC (Standard US Plug, NEMA 5-15) plug allowing it to be plugged in a standard outlet.
● Critical components are elevated 13 inches above ground level, making it resistant to standing water in extreme weather conditions.
● Designed and manufactured in the USA, meets the security standards set forth by the National Defense Authorization Act (NDAA).
● Integrated, 30fps drone bay camera that streams directly to BRINC LiveOps for tracking drone status.

Integrates with BRINC LiveOps, a cloud-based platform streamlining drone program operations, offering the following combination of features:
● View live streams from all connected BRINC drones, covering both outdoor and indoor drone operations. Including 4K color, zoom and thermal sensors. ● Teleoperation capability enables real-time, remote deployment and control of Responder through LiveOps, enabling operators to scalably deploy Responder to emergencies across their jurisdiction.
● Augmented reality overlay adds an extra layer of intelligence to coordinate response and pinpoint exact locations with the ability to see street names and addresses directly on live video feeds.
● Integrated with Live911, which feeds 911 call locations and allows teleoperators to hear live 911 call audio, further enhancing response capabilities.
● Import call-for-service locations directly from Computer-Aided Dispatch (CAD) systems, which enhances response times.
● Stream LEMUR 2 LiDAR data to LiveOps for stakeholders while the drone autonomously creates and shares 3D maps, saving all information on LiveOps. ● Communicate using the drone's and BRINC Ball’s built-in loudspeaker and microphone, seamlessly connected to the LiveOps platform.
● Enhance negotiations with A.I. call transcriptions on LiveOps, ensuring accuracy, real-time insights, and collaborative decision-making.
● Manage fleets and teams, oversee pilots, maintain detailed flight records, and track call history.
1055 N. 38th Street Seattle, WA 98103
53 AGENDA ITEM NO. 8.
● Integrated data and transparency dashboard, allowing the community to check and review drone operations.
● LiveOps is CJIS compliant, meeting FBI standards for managing criminal justice information, ensuring secure data handling.
● Data is securely hosted on AWS servers within the U.S., adhering to domestic data residency requirements.

Comprehensive airspace awareness integrated into BRINC LiveOps:
● ADS-B (Automatic Dependent Surveillance-Broadcast) broadcasts aircraft location, speed, and other data to air traffic control and nearby aircraft. The FAA mandates ADS-B Out for most aircraft in controlled US airspace, making this data essential for drone systems to monitor airspace traffic.
● Ground-based radar provides dual redundancy for enhanced safety alongside ADS-B's comprehensive airspace awareness. It identifies moving objects within 75 to 400 feet, including a 100-foot buffer, ensuring accuracy even for non-ADS-B compliant aircraft. ● Integrated weather data provides real-time and forecasted information, ensuring operators understand environmental factors that could impact drone flights, enhancing safety and efficiency.
● Integration with national airspace alerts ensures adherence to national airspace regulations and temporary flight restrictions (TFRs), allowing safe and compliant flight operations. ● Receive alerts for nearby aircraft, weather, or airspace restrictions, ensuring awareness of changing airspace conditions.
● A fusion of all services gives pilots the information they need to quickly and safely make decisions, as well as be alerted to what they need to observe.

Regulatory, Services, and Support
● BRINC regulatory support will help your agency obtain waivers, certificates of authorization (COAs) and more for operational compliance.
● In-person, virtual training and training the trainer options for personnel across all skill levels.

This includes ongoing educational resources as new software releases come out. ● Provides robust operational support, including 24-hour phone support assistance, help with data analysis, and ongoing operational optimization.
● Collaborate with your agency to develop transparent communication strategies and community engagement initiatives.
● BRINC ensures a seamless installation process for its stations, optimizing location and deployment functionalities to enhance the reliability of the system. ● Get the latest BRINC technology plus unlimited replacements & repairs with the BRINC Safeguard program.
1055 N. 38th Street Seattle, WA 98103
54 AGENDA ITEM NO. 8.

TO: Mayor and City Council
FROM: Administration
DATE: November 18, 2024
SUBJECT: Receive and File - Information from First Public Hearing in City’s Transition to District-Based Elections.

Staff: Briana Parra, City Clerk
Recommendation: Receive and File
ATTACHMENTS: 1. Demand Letter

2. Public Hearing Notice

RECOMMENDATION
For the City Council to receive and file information from the public hearing and City’s demographer related to the City’s transition from at-large to district-based elections.

EXECUTIVE SUMMARY
On August 26, 2024, the City of Clovis received a demand letter (Attachment 3) claiming racially polarized voting exists in the City’s elections in violation of the California Voting Rights Act (“CVRA”). Despite the lack of evidence of polarized voting in the City’s elections, to avoid lengthy and costly litigation, on October 7, 2024, the Council adopted Resolution 24-110, to initiate the transition to district-based elections beginning with the November 2026 City Council Election.

As part of the process of transitioning to district-based elections, the City is required to hold at least five public hearings to allow the public and Council the opportunity to provide input on the transition process and possible district maps.

Tonight is the first of these five hearings, during which the City’s demographer will present information to the Council and public about the process of the City’s transition to district-based elections and the criteria for creating election districts. This hearing is strictly informational for the public and Council. No district maps have yet been created and no action is being requested from Council.

BACKGROUND
On August 26, 2024, the City of Clovis received a demand letter from the Southwest Voter Registration Education Project (“SVREP”) claiming that racially polarized voting exists in the City’s elections in violation of the California Voting Rights Act (“CVRA”). This letter further advised that the City had the choice to voluntarily convert from its current at-large election 55 AGENDA ITEM NO. 9.
system to district-based elections - where Council members are elected by only the voters residing within the election district in which the candidate resides or face a legal challenge to its current at-large election system. Despite the lack of evidence of racially polarized voting or vote dilution in the City’s elections, on October 7, 2024, the Council passed Resolution 24-110, declaring its intent to transition from an at-large election system to a district-based election system. This decision was primarily made to avoid what would likely be a prohibitively costly and unfavorable legal challenge to the City’s at-large elections by SVREP.

Since the adoption of Resolution 24-110, the City has engaged an expert demographic firm, National Demographics Corporation (“NDC”), to assist the City with the process of converting to district-based elections. The City has also started public outreach related to the election transition process by creating a dedicated webpage, which will serve as a public resource for related information and communications.

The City’s transition to election districts is mostly governed by Elections Code section 10010, pursuant to which, the City Council is required to hold at least five public hearings prior to approving a final election district map and adopting an ordinance to implement district-based elections. The first two hearings, known as “pre-map” hearings, occur prior to the City’s development of any draft maps and are for the purpose of gathering public and Council input on the process and potential election districts. Thereafter, the next two hearings are for the public and Council to consider and provide input on any draft district maps. The last hearing is for the Council to adopt a final map setting forth the boundaries of the City’s election districts. The City’s demographer will assist the City throughout this process and will work with the City and Council to create draft maps for Council’s consideration. Members of the public will also have the ability to submit maps for consideration, if they so choose.

Tonight’s hearing is the first of the five hearings. During the hearing, the demographer will present information to the public and Council about the process of the City’s transition to districtbased elections and the criteria for creating election districts.

As a “pre-map” hearing, tonight’s hearing is strictly informational. No draft maps have yet been created or will be considered, and no action is being requested from Council.

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
Tonight’s hearing is a continuation of the City’s process of converting to district-based elections in accordance with Resolution 24-110.

ACTIONS FOLLOWING APPROVAL
Receive and file information provided in tonight’s public hearing.

CONFLICT OF INTEREST
None.

Prepared by: Briana Parra, City Clerk
Reviewed by: City Manager JH
56 AGENDA ITEM NO. 9.

SHENK.lvlAN & HUGHES, PC
Attorneys

VIA CERTIFIED MAIL
August 23, 2024
Briana Parra - City Clerk
City of Clovis
1033 Fifth Street
Clovis, CA 93612
Malibu, Califomia
Re: Violation of California Voting Rights Act
28905 Wight Road
Malibu, California 90265
(310) 457-0970
[email protected]
Received
AUG 2 6 2024

ADMN/CITYMGR
I write on behalf of Southwest Voter Registration Education Project, its members residing within the City of Clovis ("Clovis" or "City"). Clovis relies upon an at-large election system for electing candidates to its governing board. Moreover, voting within the City is racially polarized, resulting in minority vote dilution, and, therefore, the City's at-large elections violate the California Voting Rights Act of 2001 ("CVRA").

The CVRA disfavors the use of so-called "at-large" voting - an election method that permits voters of an entire jurisdiction to elect candidates to each open seat. See generally Sanchez v. City of Modesto (2006) 145 Cal.App.4th 660, 667 ("Sanchez"). For example, if the U.S.

Congress were elected through a nationwide at-large election, rather than through typical single-member districts, each voter could cast up to 435 votes and vote for any candidate in the country, not just the candidates in the voter's district, and the 43 5 candidates receiving the most nationwide votes would be elected. At-large elections thus allow a bare majority of voters to control every seat, not just the seats in a particular district or a proportional majority of seats.

Voting rights advocates have targeted "at-large" election schemes for decades, because they often result in "vote dilution," or the impairment of minority groups' ability to elect their preferred candidates or influence the outcome of elections, which occurs when the electorate votes in a racially polarized manner. See Thornburg v. Gingles, 478 U.S. 30, 46 (1986) ("Gingles"). The U.S. Supreme Court "has long recognized that multi-member districts and at-large voting schemes may operate to minimize or cancel out the voting strength" of minorities. Id. at 47; see also id. at 48, fn. 14 (at-large elections may also cause elected officials to "ignore [minority] interests without fear of political consequences"), citing Rogers v. Lodge, 458 U.S. 613, 623 (1982); White v. Register, 412 U.S. 755, 769 (1973).

Attachment 3 57
AGENDA ITEM NO. 9.
58 AGENDA ITEM NO. 9.
59 AGENDA ITEM NO. 9.
60 AGENDA ITEM NO. 9.

Attachment 2
City of Clovis
1033 Fifth Street
Clovis, CA 93612
**PLEASE POST**

NOTICE OF PUBLIC HEARING
The City of Clovis will hold a public hearing on November 18, 2024, to gather public input regarding the potential composition of City Council election district boundaries.

The City Council of the City of Clovis is currently elected under an “at-large” election system, where Council members are elected by voters of the entire City. On October 7, 2024, the Council approved beginning the process to establish district-based elections beginning in 2026 in response to a threat of litigation related to the City’s existing at-large election system. In a district-based election system, each Council member must reside within the designated election district boundary and is elected only by the voters in that district.

On November 18, 2024, the City Council will hold the first of two public hearings to gather input on composition of potential election districts in accordance with Elections Code section 10010.

The public hearing is scheduled as follows:

DATE TIME LOCATION
Monday,
November 18, 2024
6:00 p.m. or as
soon thereafter as
possible
City of Clovis City Council’s
Council Chamber
1033 Fifth Street
Clovis, CA 93612
The public is invited to participate and make comments during the public hearing. If you have any questions regarding this public hearing, please contact Briana Parra, City Clerk at 559-324-2060 or [email protected].
61 AGENDA ITEM NO. 9.

TO: Mayor and City Council
FROM: Finance Department
DATE: November 18, 2024
SUBJECT: Consider Actions related to Annexation of Territory (Annexation #74, T6205 – Northeast Corner Sunnyside/Shepherd, T6343 – Southwest Corner Behymer/Sunnyside) to the City of Clovis Community Facilities District No. 2004-1 (Police and Fire Services).
a. Consider Approval - Res. 24-___, A Resolution annexing territory (Annexation #74) (T6205 – Northeast Corner Sunnyside/Shepherd, T6343 – Southwest Corner Behymer/Sunnyside) to the City of Clovis Community Facilities District No. 2004-1 (Police and Fire Services) and calling a special landowner election to annex territory (Annexation #74) to City of Clovis Community Facilities District No. 2004-1 (Police and Fire Services).
b. Consider Approval - Res. 24-___, A Resolution of the City of Clovis declaring the results of a special landowner election and directing recording of the Notice of Special Tax Lien for City of Clovis Community Facilities District No. 2004-1 (Police and Fire Services).

Staff: Jay Schengel, Finance Director
Recommendation: Approve
ATTACHMENTS: 1. Resolution of Qualified Electors

2. Resolution Declaring Results

RECOMMENDATION
 That the Council hold a public hearing and approve actions related to the Annexation of Territory (Annexation #74) to Community Facilities District No. 2004-1.  Consider Approval – Res. 24-___, A Resolution of annexation of territory (Annexation #74) to the Community Facilities District (City of Clovis Community Facilities District No. 2004-1) and to authorize the levy of Special Taxes therein and submitting Levy of Special Taxes to Qualified Electors.
 Call for Special Election and have Clerk announce the vote. 62 AGENDA ITEM NO. 10.
 Consider Approval – Res. 24-___, A Resolution of the City Council of the City of Clovis Declaring the Results of the Special Annexation Election, Determining Validity of Prior Proceedings and Directing Recording of the Notice of Special Tax Lien (City of Clovis Community Facilities District No. 2004-1) (Police and Fire Services).

EXECUTIVE SUMMARY
Since the condition to establish a CFD was imposed on the developments being processed by the City, developments proceeding after March 8, 2004, must petition to be annexed to the existing CFD. Several property owners have submitted petitions to annex territory to the Community Facilities District 2004-1 and to include their property within the District as provided by the conditions of approval of the development entitlements.

To initiate the process for annexation of territory to a CFD, the Council approved a Resolution of Intention-Annexation #74 (ROI) to annex territory to the CFD on October 14, 2024. The ROI set a public hearing for November 18, 2024. The action today finalizes the annexation to the CFD.

BACKGROUND
Since the condition to establish a CFD was imposed on the developments being processed by the City, developments proceeding after March 8, 2004, must petition to be annexed to the existing CFD. Several property owners have submitted petitions to annex territory to the Community Facilities District 2004-1 and to include their property within the District as provided by the conditions of approval of the development entitlements.

To initiate the process for annexation of territory to a CFD, the Council approved a Resolution of Intention-Annexation #74 (ROI) to annex territory to the CFD. The ROI set a public hearing for November 18, 2024. The Rate and Method of Apportionment (RMA) referred to in the ROI is the same as adopted by the Council with the Resolution of Formation adopted March 8, 2004.

RMA provides, among other things, definitions, identifies what properties will be taxed, and the maximum special tax.

The conditions as provided in the Rate and Method of Apportionment will apply to territory annexed to the Community Facilities Districts to provide funding for public safety operations in new growth areas. The major conditions include:

1. The maximum annual tax will be $293.55 for single family residential and $253.46 for multi-family residential.

2. The maximum tax will be increased by the Escalator Factor, which is the greater of the change in CPI or percentage change in population.

3. There will be a review not later than five years of inception of the CFD.

4. The annual tax will not apply to commercially zoned property.

5. The tax will apply only to that property for which a building permit is issued after January 1, 2004.

6. The costs of salary and benefit increases funded by the CFD will be limited to the Escalator Factor.
63 AGENDA ITEM NO. 10.

The purpose of the hearing is to take public comment on the annexation of territory to the CFD and to accept protests from any interested person within the proposed boundaries. If no property owner protests are received, the Council may take the initial actions to annex the territory to the CFD by approving a resolution on the annexation to the CFD and calling a special property owner election. Once the election is called, the City Clerk tabulates the ballots. If the property owners of two-thirds (2/3) of the property within the proposed boundaries vote in favor of the CFD, then the Council can take action to direct the recording of Notice of Special Tax Lien. A unanimous vote is required to have the election the same night as approval of the resolution of annexation. The recording of the Tax Lien is contingent upon the property being annexed to the City. The property included within the CFD is being processed for annexation to the City and the Local Agency Formation Commission has approved the annexations.

After the annexation is complete and the Notice of Tax Lien has been recorded, any final maps within the CFD may be recorded and construction permits for homes can be issued. One of the conditions of the CFD is that the tax will only be collected on those properties where a building permit for a residence has been issued.

FISCAL IMPACT
If approved, residential units built within the boundaries of the CFD will be assessed annually according to the conditions of the CFD formation and those assessments will be utilized to fund police and fire services.

REASON FOR RECOMMENDATION
All requirements for the annexation of territory to the CFD have been completed and the Council may take action to annex territory to the CFD.

ACTIONS FOLLOWING APPROVAL
After approval of the resolution directing the recordation of the Notice of Tax Lien, the lien will be recorded.

CONFLICT OF INTEREST
None.

Prepared by: Steve Nourian, Senior Accounting Systems Technician Reviewed by: City Manager JH
64 AGENDA ITEM NO. 10.

ATTACHMENT 1
RESOLUTION NO. 24-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING

ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT AND TO

AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN AND SUBMITTING LEVY OF

SPECIAL TAXES TO QUALIFIED ELECTORS

CITY OF CLOVIS
Community Services District No. 2004-1
(Police and Fire Services)
Annexation No. 74
WHEREAS, this Council, on October 14, 2024, adopted A Resolution of Intention to Annex Territory to the Community Services District and to Authorize the Levy of Special Taxes Therein (the “Resolution of Intention”) stating its intention to annex the territory to the City’s Community Services District 2004-1 (the “District”), pursuant to Mello Roos Community Facilities Act of 1982, Sections 53311 and following of the California Government Code (the “Act”); and WHEREAS, a copy of the Resolution of Intention, incorporating a description and map (Attachment A) of the proposed boundaries of the territory to be annexed to the District and stating the services to be provided and the rate and method of apportionment of the special tax to be levied within the District to pay for the services for the District, is on file with the Clerk of the Council and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and
WHEREAS, on the date hereof, this Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to the District; and
WHEREAS, at such hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to the District and the levy of said special taxes within the area proposed to be annexed were heard and a full and fair hearing was held; and WHEREAS, prior to the time fixed for said hearing, written protests had not been filed against the proposed annexation of territory to the District by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the existing District, or (ii) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be annexed to the District, or (iii) owners of one-half or more of the area of land in the territory proposed to be annexed to the District; and WHEREAS, Annexation Map No. 74 to the District, has been filed with the City Clerk, which map shows the territory to be annexed in these proceedings, and a copy thereof is on file with the City Clerk.
65 AGENDA ITEM NO. 10.

NOW, THEREFORE, BE IT RESOLVED,

1. All prior proceedings taken by this Council with respect to the District and the proposed annexation of territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act, and the District has been validly established pursuant to the Act.

2. The description and map of the boundaries of the territory to be annexed to District, as described in said Annexation Map No. 74 to the District on file with the Clerk are hereby finally approved, are incorporated herein by reference, and shall be included within the boundaries of the District, and said territory is hereby ordered annexed to the District, subject to voter approval of the levy of the special taxes therein as hereinafter provided.

3. The provisions of the Resolution of Intention and Resolution No. 24-111 adopted by this Council for the District on October 14, 2024, each as heretofore adopted by this Council are by this reference incorporated herein, as if fully set forth herein.

4. Pursuant to the provisions of the Act, the proposition of the levy of the special tax within the territory to be annexed to the District shall be submitted to the voters of the area to be annexed to the District at an election called therefore as hereinafter provided.

5. This Council hereby finds that fewer than 12 persons have been registered to vote within the territory proposed to be annexed to the District for each of the 90 days preceding the close of the hearing heretofore conducted and concluded by this Council for the purposes of these annexation proceedings. Accordingly, and pursuant to the Act, this Council finds that for purposes of these proceedings the qualified electors are the landowners within the territory proposed to be annexed to the District and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in the territory proposed to be annexed to the District.

6. Pursuant to the Act, the election shall be conducted by mail ballot under Section 4000 of the California Elections Code. This Council hereby determines that paragraphs (a), (b), (c)(1), and (c)(3) of said Section 4000 are applicable to this election.

7. The Council hereby calls a special election to consider the measure described in the ballot referred to below, which election shall be held on November 18, 2024, in the regular meeting place of this Council, City Council Chambers, City Hall, 1033 5th Street, Clovis, California. This Council hereby further finds that the provision of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters and that the voters have waived such requirement and the date for the election herein specified is established accordingly.

8. The City Clerk is hereby appointed as the election official to conduct the election and shall cause to be provided to each landowner in the territory to be annexed to the District. The City Clerk shall accept the ballots of the qualified electors received prior to 5:00 o’clock p.m. on November 18, 2024, whether received by mail or by personal delivery. 66 AGENDA ITEM NO. 10.
* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on November 18, 2024 by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: November 18, 2024
______________________________ ______________________________ Mayor City Clerk
67 AGENDA ITEM NO. 10.
68 AGENDA ITEM NO. 10.

ATTACHMENT 2
RESOLUTION NO. 24-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA DECLARING

RESULTS OF SPECIAL ANNEXATION ELECTION, DETERMINING VALIDITY OF

PRIOR PROCEEDINGS, AND DIRECTING RECORDING OF AMENDED NOTICE OF

SPECIAL TAX LIEN

CITY OF CLOVIS
Community Facilities District No. 2004-1
(Police and Fire Services)
Annexation No. 74
WHEREAS, in proceedings heretofore conducted by the Council pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), this Council has heretofore adopted a resolution calling a special election of the qualified landowner electors in the territory of land proposed to be annexed to Community Facilities District No. 2004-1 (Police and Fire Services) (the “CFD”); and
WHEREAS, pursuant to the terms of the resolution which is hereby incorporated herein by this reference, the special election has been held and the City Clerk has filed a Canvass of Votes Cast in Special Election, a copy of which is attached hereto as Attachment A; and
WHEREAS, this Council has reviewed the Canvass and hereby approves it.

NOW, THEREFORE, BE IT RESOLVED,

1. The issue presented at the special election was the levy of a special tax within the territory annexed to the CFD, to be levied in accordance with the formula heretofore approved by this Council as described in Resolution No. 24-111, a Resolution of Annexation of Territory to Community Facilities District, authorizing the Levy of a Special Tax and Submitting Levy of Tax to Qualified Electors, adopted November 18, 2024.

2. Pursuant to the Canvass on file with the City Clerk, the issue presented at the special election was approved by the landowners of the territory annexed to the CFD by more than two-thirds (2/3) of the landowners voting at the special election.

3. Pursuant to the voter approval, said annexed territory to the CFD is hereby declared to be fully annexed to and part of the CFD and this Council may levy special taxes therein as heretofore provided in these proceedings.

4. It is hereby found that all prior proceedings and actions taken by this Council pursuant to the CFD and the territory annexed thereto were valid and in conformity with the Act.
69 AGENDA ITEM NO. 10.

Within 15 days of the date hereof, the City Clerk shall execute and cause to be recorded in the office of the County Recorder of the County of Fresno, an amendment to the Notice of Special Tax Lien as required by Section 3117.5 of the California Streets and Highways Code.
* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on November 18, 2024, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: November 18, 2024
______________________________ ______________________________ Mayor City Clerk
70 AGENDA ITEM NO. 10.

ATTACHMENT A

CITY OF CLOVIS
Community Facilities District No. 2004-1
(Police and Fire Services)
Annexation No. 74

CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on this date, I canvassed the returns of the election held on this date, in the territory annexed to Community Facilities District No. 2004-1 (Police and Fire Services) of the City of Clovis which election is designated as the Special Tax Annexation Election, and the total number of ballots cast in the territory to be annexed and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct:

Qualified
Landowner
Votes
Votes
Cast
YES NO
City of Clovis
Community Facilities District No. 2004-1
(Police and Fire Services), Annexation No. 74
Special Tax Annexation Election,
November 18, 2024.

BALLOT MEASURE: Shall the City of Clovis, by and for its Community Facilities District No. 2004-1 (Police and Fire Services) (the “CFD”), be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in Resolution No. 24-___ of the City of Clovis, adopted by its Council on November 18, 2024?
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this ____ day of 2024.

CITY OF CLOVIS
By:

City Clerk
71 AGENDA ITEM NO. 10.

TO: Mayor and City Council
FROM: General Services
DATE: November 18, 2024
SUBJECT: Consider Approval of Various Actions Related to City Purchasing System and Procurement Procedures for Public Projects:
a. Consider Introduction – Ord. 24-___, Amending Sections 2.7.06 and

2.7.08 of Chapter 2.7 and Section 2.9.03 of Chapter 2.9 of Title 2 of the Clovis Municipal Code Pertaining to the City Purchasing System and Procurement Procedures for Public Projects.
b. Consider Approval – Res. 24-___, a Resolution of the City Council of the City of Clovis Approving Updated Purchasing Manual. c. Consider Approval – Res. 24-___, a Resolution of the City Council of the City of Clovis Establishing Claims Settlement and Rejection/Denial Authority for Various Types of Claims Filed with and involving the City.

Staff: Amy Hance, General Services Director
Recommendation: Approve
ATTACHMENTS: 1. Ordinance Amendment.

2. Resolution Approving Updated Purchasing Manual.

3. Resolution Establishing Claims Settlement and Rejection/Denial Authority.

RECOMMENDATION
For City Council to approve an ordinance amending Sections 2.7.06 and 2.7.08 of Chapter 2.7 and Section 2.9.03 of Chapter 2.9 of Title 2 of the Clovis Municipal Code (“CMC”) pertaining to the City purchasing system and procurement procedures for public projects, approve a resolution related to revisions to the City’s purchasing manual and procedures, and a resolution establishing settlement authority for various types of claims against and involving the City. 72 AGENDA ITEM NO. 11.

EXECUTIVE SUMMARY
Amendments to the CMC and related policies and procedures are recommended in order to reflect updates in purchasing limits and claim settlement/denial authority. The primary change is to increase the thresholds where Council approval is required for the purchases of supplies, equipment, and services from $60,000 to $75,000, which is also consistent with new thresholds under the Uniform Public Construction Cost Accounting Act when bidding is required for public works projects. The City has historically tied the purchasing limits together with the public project bidding thresholds to have consistency between the various thresholds for procuring public (works) projects and for purchasing supplies, equipment, and services, and to avoid confusion.

Additional changes to the purchasing ordinance and purchasing manual are included and recommended to more accurately reflect current practices in purchasing.

BACKGROUND
In 2013, the City adopted procedures to implement the Uniform Public Construction Cost Accounting Act (“Act”) (CMC Chapter 2.9). The Act allows the City to increase the limits when formal bidding is required for public works projects. Without opting in and adopting the ordinance in 2013, the City would need to formally bid any public works project over $5,000. The City’s ordinance, consistent with the prior limits of the Act, currently allows the City to utilize an informal bidding process for projects not exceeding $200,000, and negotiate contracts with contractors and avoid bidding altogether for projects not exceeding $60,000. $60,000 is also the current limit of the City Manager’s approval authority for such project contracts.

Recent legislation amends the Act effective January 1, 2025, to change the thresholds from $60,000 to 75,000 for no bid contracts and $200,000 to $220,000 for informal bidding. The City’s Purchasing Ordinance (CMC Chapter 2.7) and claim settlement/denial authority are currently tied to the Act’s lower limit threshold. Formal bidding or an RFP process and Council approval are currently required for purchases and settlements over $60,000, but the City Manager and Department Heads have various authority to approve lower-level purchases not exceeding $60,000.

Specific changes to authority limits in the Purchasing Ordinance (Sections 2.7.06 and 2.7.08) are as follows:

PURCHASING (SUPPLIES, EQUIPMENT, AND SERVICES)
Process Current Authorization New Authorization
Open Market $1-$10,000
Department Head
$1-$15,000
Department Head
3 Written Quotes $10,001-$30,000
Department Head
$15,001-$40,000
Department Head
73 AGENDA ITEM NO. 11.
3 Written Quotes $30,001-$60,000
City Manager
$40,001-$75,000
City Manager
Formal bidding or proposal
procedures
Exceeds $60,000
City Council
Exceeds $75,000
City Council
Specific changes to authority limits in the Procurement Procedures for Public Works Projects (Section 2.9.03) are as follows:

PUBLIC WORKS PROJECTS
Process Current Authorization New Authorization
Negotiated Contract, PO,
or Force Acct.
$1-$60,000
Department Head/
City Manager
$1-$75,000
Department Head/
City Manager
Informal Bid Process,
Contractors List, or Notice
Inviting Informal Bids
$60,001-$200,000
City Council
$75,001-$220,000
City Council
Formal Bidding Exceeds $200,000 Exceeds $220,000
Changes to the Purchasing Manual (Attachment 2A) are recommended in conjunction with the ordinance changes.

In addition to changes for purchasing authority, staff is requesting approval of an authorization that revises claim settlement authority consistent with the revisions for purchasing. This will maintain consistency among the different types of purchasing, contracting, and claims settlement authorization levels for efficient day-to-day City administration.

CLAIM SETTLEMENT/DENIAL AUTHORIZATION:

Current Authorization New Authorization
$1-$10,000
Deputy General Services Director
$1-$15,000
Deputy General Services Director
$10,001-$30,000
General Services Director
$15,001-$40,000
General Services Director
74 AGENDA ITEM NO. 11.
$30,001-$60,000
City Manager
$40,001-$75,000
City Manager
Exceeds $60,000
City Council
Exceeds $75,000
City Council

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
Revisions to the Municipal Code and related policies and procedures are necessary to reflect state authorized increases in bid limits and to ensure consistency and avoid confusion for all purchases and contracting authority, including settlement authority for lower value claims involving the City.

ACTIONS FOLLOWING APPROVAL
The Ordinance amendment will return for a second reading on December 2, 2024, and if approved, the changes will be effective beginning January 1, 2025.

CONFLICT OF INTEREST
None.

Prepared by: Amy Hance, General Services Director
Reviewed by: City Manager JH
75 AGENDA ITEM NO. 11.

ATTACHMENT 1
ORDINANCE NO. 24-___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLOVIS
AMENDING SECTIONS 2.7.06 AND 2.7.08 OF CHAPTER 2.7 AND SECTION 2.9.03 OF CHAPTER 2.9 OF TITLE 2 OF THE CLOVIS MUNICIPAL CODE PERTAINING TO THE CITY

PURCHASING SYSTEM AND PROCUREMENT PROCEDURES FOR PUBLIC PROJECTS THE CITY COUNCIL OF THE CITY OF CLOVIS DOES ORDAIN AS FOLLOWS:

SECTION 1. AMENDMENT OF MUNICIPAL CODE: PURCHASING SYSTEM Sections 2.7.06 and 2.7.08 of Chapter 2.7 of Title 2 of the City of Clovis Municipal Code are hereby amended to read as follows:

Section 2.7.06 Authorization levels for purchases and contracts.

Except as provided in Section 2.7.08 (Bidding exceptions), the following approval levels shall apply to purchases. Authorization levels include the authority to sign contracts as set forth in Section 2.2.113 of this Code.
(a) Single purchases in excess of seventy-five thousand and no/100ths dollars ($75,000.00) shall be authorized by the Council and shall be made by formal bidding or proposal procedures established in the Purchasing Manual, unless expressly waived by the Council. (b) Any purchase of more than forty thousand and no/100ths dollars ($40,000.00) up to seventy-five thousand and no/100ths dollars ($75,000.00) shall require at least three (3) written quotations and shall be authorized by the City Manager; provided, the expenditure is within the budget limitation. However, if there are fewer than three (3) available vendors, the City Manager may authorize a purchase with fewer than three (3) written quotations. (c) Any purchase of more than fifteen thousand and no/100ths dollars ($15,000.00) up to forty thousand and no/100ths dollars ($40,000.00) may be authorized by a department head; provided, the expenditure is within the budget limitation. Unless there are fewer than three (3) available vendors, the department head shall first obtain three (3) written quotations. (d) A department head may authorize the purchase of equipment, supplies, or services up to fifteen thousand and no/100ths dollars ($15,000.00) in the open market; provided, such expenditures are within the budget limitations.
(e) Separate purchases of components of equipment, or phasing of projects, solely to avoid the provisions of this section shall not be permitted.
76 AGENDA ITEM NO. 11.

Section 2.7.08 Bidding exceptions.
(a) Emergency purchases. Purchases of an emergency nature may be made as the need arises, and such purchases shall be exempt from the requirements of this section; provided, however, such emergency purchases shall be made only in accordance with the established rules and regulations of the Purchasing Manual.
(b) Professional consulting services, except architects and engineers. In accordance with the dollar authorization levels set forth in Section 2.7.06, consulting services may be obtained without requiring the formal bidding procedure, using the following procedures:
(1) For contracts in excess of seventy-five thousand and no/100ths dollars ($75,000.00), written proposals shall be requested from at least three (3) potential vendors, if available, and shall be selected in accordance with the Purchasing Manual and approved by the Council.
(2) For contracts of seventy-five thousand and no/100ths dollars ($75,000.00) or less, written proposals shall be requested from at least three (3) potential vendors, if available.

The department head shall evaluate the proposals and recommend a vendor for the approval of the City Manager.
(3) In evaluating proposals for consulting services, the City shall take into account all factors, including the cost to the City, the timeliness of the completion schedule, the qualifications and capability of the consultant, prior experience on City projects, and other factors as provided in the Purchasing Manual.
(4) Subject to the adopted budget, the renewal of ongoing consulting arrangements may be approved by the City Manager.
(c) Consulting architects and engineers. Consulting architectural and engineering services as may be required to implement the Five-Year Capital Improvement Program, or to evaluate private development projects, may be obtained in accordance with this subsection. (1) The City Manager shall annually recommend a list of qualified consulting architects and engineers for approval by the Council.
(2) Architects and engineers shall be selected by one of two methods: (a) from the approved lists by the City Engineer, with approval by the City Manager; or (b) pursuant to the procedures set forth in subsection (b).
(3) Contracts in excess of seventy-five thousand and no/100ths dollars ($75,000.00) shall be exempt from the provisions of this chapter requiring Council approval, provided those services are identified in the adopted budget.
77 AGENDA ITEM NO. 11.
(4) The Council may determine that architectural or engineering services for certain public works projects may require specialized consulting services and may authorize a formal request for proposal process.
(d) Master service agreements. A department head may enter into a Master Service Agreement (“MSA”) for purchases with one or more vendors. The purpose of the MSA is to retain a vendor under contract for small, miscellaneous, and routine work and projects that may be needed from time to time and which are not required to be publicly bid. MSAs may be utilized for individual purchases up to $40,000. A department head desiring to enter into a MSA shall solicit written proposals from interested vendors. The department head shall evaluate complete proposals and may enter into a MSA with those vendors qualified to perform the desired work.

MSAs shall be good for a period of up to two (2) years. Department heads may utilize the services of a vendor through a MSA without following the quotation procedures set forth in Section 2-7.06. There is no requirement to rotate work among vendors subject to a MSA, but when feasible department heads shall attempt to evenly distribute the work among qualified vendors.

SECTION 2. AMENDMENT OF MUNICIPAL CODE: PROCUREMENT PROCEDURES FOR

PUBLIC PROJECTS
Section 2.9.03 of Chapter 2.97 of Title 2 of the City of Clovis Municipal Code is hereby amended to read as follows:

Chapter 2.9 PROCUREMENT PROCEDURES FOR PUBLIC PROJECTS.

Section 2.9.03 Contracting procedures.

The dollar amount thresholds provided in this section shall automatically adjust upon the effectiveness of any adjustment notification by the State Controller in accordance with Public Contract Code Section 22020, without the necessity of amending this section or any subsection herein to reflect any such adjustment.
(a) Public projects of seventy-five thousand and no/100ths dollars ($75,000.00) or less may be performed by City employees by force account, by negotiated contract, or by purchase order.

Provided the expenditure is within the budget limitation, the City Manager is authorized to approve the use of City employees for public projects, approve and sign any contract or purchase order for public projects not exceeding seventy-five thousand and no/100ths dollars ($75,000.00), and accept the completed public project upon the City Engineer’s recommendation and authorize the recording of a notice of completion.
(b) Public projects of two hundred twenty thousand and no/100ths dollars ($220,000.00) or less may be let to contract by informal bidding procedures as follows:
(1) Informal bid procedures. Public projects, in accordance with the limits listed in Section 22032 of the Public Contract Code, may be let to contract by informal procedures as set forth in Section 22032 et seq. of the Public Contract Code. 78 AGENDA ITEM NO. 11.
(2) Contractors list. A list of qualified contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.
(3) Notice inviting informal bids. A notice inviting informal bids shall be prepared, which notice shall describe the project in general terms, describe how to obtain more detailed information about the project, and state the time and place for the submission of bids. The notice shall be mailed or emailed no less than ten (10) calendar days before bids are due, to either all contractors on the contractors list for the category of work to be bid, or to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code.

Additional contractors and/or construction trade journals may be notified by mail or email at the discretion of the department soliciting bids, provided, however:
(A) If there is no contractors list maintained by the City for the particular category of work to be performed, the notice shall be sent (by mail or email) only to the construction trade journals specified by the Commission in accordance with Section 22036 of the Public Contract Code.
(B) If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice may be sent (by mail or email) exclusively to such contractor or contractors.
(4) Award of contracts. Contracts for public projects in excess of seventy-five thousand and no/100ths dollars ($75,000.00) shall be awarded by the City Council. If all bids received are in excess of two hundred twenty thousand and no/100ths dollars ($220,000.00), the City Council may, by adoption of a resolution by four-fifths (4/5) vote, award the contract, at two hundred twelve thousand five hundred and no/100ths dollars ($235,000.00) or less, to the lowest responsible bidder, if it determines the project cost estimate was reasonable.
(c) Public projects of more than two hundred twenty thousand and no/100ths dollars ($220,000.00) shall, except as otherwise provided in this section, be let to contract by formal bidding procedure in accordance with applicable provisions of the Public Contract Code.

SECTION 3. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

APPROVED:
__________________________ _____________________________ Mayor City Clerk
79 AGENDA ITEM NO. 11.

The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Clovis held on November 18, 2024, and adopted at a regular meeting of the City Council held on ______________, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: ______________________________
City Clerk
80 AGENDA ITEM NO. 11.

ATTACHMENT 2
RESOLUTION 24-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS

APPROVING UPDATED PURCHASING MANUAL
WHEREAS, the City Council by Ordinance established thresholds and procedures for the City’s purchasing system and procurement for public works projects, as set forth in Chapters 2.7 and 2.9, respectively, of the Clovis Municipal Code; and WHEREAS, additional procedures for purchasing are set forth in the City’s Purchasing Manual; and
WHEREAS, pursuant to Ordinance 24-___, adopted on this date, the Council amended various sections of the Municipal Code, and the Council desires that the Purchasing Manual be updated to remain consistent with the Municipal Code; and WHEREAS, the City’s Purchasing Manual has been updated to be consistent with the amendments to the Municipal Code approved by Ordinance 24-__, and the updated Purchasing Manual is attached hereto as Attachment A; and
WHEREAS, the Council has reviewed and considered the updated Purchasing Manual and finds the revisions appropriate.

NOW, THEREFORE, BE IT RESOLVED, that the City of Clovis hereby approves the updated City Purchasing Manual set forth in Attachment A hereto. * * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on November 18, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:
______________________________ ______________________________ Mayor City Clerk
81 AGENDA ITEM NO. 11.
1 ATTACHMENT A
City of Clovis
Purchasing Manual and Procedures
Revised January 1, 2025
82 AGENDA ITEM NO. 11.
2 CITY OF CLOVIS

PROCEDURES FOR PURCHASING EQUIPMENT,
SUPPLIES AND SERVICES; CAPITAL EXPENDITURES;

AND SELECTION OF CONSULTANTS

I. Application
A. Authority. The structure of the City’s centralized purchasing system; all purchases or disposal of equipment, supplies or service; all capital expenditures; and the selection of engineering and other consultants shall be made in conformance with the Purchasing Ordinance, the Budget Ordinance and these procedures.

B. Purchasing Department / Purchasing Agent. The General Services Department is designated as the Purchasing Department for the City. The General Services Director, as authorized by the City Manager, serves as the City’s Purchasing Agent.

II. Procurement Ethics Policy
The following provisions shall apply to all City of Clovis employees and officers directly or indirectly involved in the procurement of goods and services.

1. Strive to maximize the value of every expenditure of public funds.

2. Ensure that all procurements are conducted with integrity under the principles of open and fair competition.

3. Conduct all City business with professional courtesy, impartiality and objectivity in order to foster respect and confidence of the public.

4. Gratuities of any type shall not be accepted, pursuant to Section 3. N. of these procedures.

5. All procurement job functions, transactions and interactions shall be performed in accordance with the City of Clovis’ Purchasing Ordinance, the City of Clovis’ Purchasing Manual, and all applicable state and federal regulations.

6. All actual or potential conflicts of interest related to the procurement process shall be reported immediately to the Purchasing Agent / the General Services Director.

7. Maintain vendor information confidentiality as required by applicable policies and regulations.

8. Positive business relationships shall be fostered and maintained through professional, fair, and equal treatment of all vendors. 83 AGENDA ITEM NO. 11.
3 III. Procedures
A. Authorized Employees. All purchases shall be made by or under the approval of authorized employees or authorized designees.

B. Authorized Employee List. Each department head shall submit a list of employees authorized to approve purchases, including their approval limit, to the Finance Department.

C. Requisition. All purchases require preparation of a requisition containing information required by the Financial System including, but not limited to:

1. Vendor number, name and address

2. Department name

3. Authorized employee

4. Date

5. Brief description of product or services ordered

6. Account number

7. Estimated purchase price

D. Purchase Orders. A purchase order shall be issued prior to every purchase unless otherwise provided.

E. City Manager or Council Approval. For purchases requiring City Manager / City Council approval, requisitions must be approved by the City Manager.

F. Blanket Purchase Order Process. The Finance Department may issue a “blanket purchase order’ to vendors who conduct frequent business transactions with the City. The Blanket P.O. is to be used for routine purchase of supplies and materials and not for capital outlay expenditures.

Capital outlay purchases must be processed in the manner as provided for regular P.O.'s.

G. Emergency Purchases. Emergency situations requiring immediate purchase of equipment, supplies or services are exempt from the restrictions in these procedures. As soon as practical, the purchase should be authorized/confirmed by the appropriate approval level, depending upon the dollar amount of the purchase as defined in Section 2.7.06 of the Purchasing Ordinance. Sufficient documentation should accompany the approval request.

H. Receipt of Goods. When goods are received, the delivery receipt must be signed by an authorized employee.

1. Vendors will be notified that failure to obtain a signature upon delivery may result in non-payment of the invoice.
84 AGENDA ITEM NO. 11.
4 I. Billing Notice. All vendors must be notified that invoices must be addressed as follows for billing purposes: Finance Department, City of Clovis, 1033 Fifth Street, Clovis, CA 93612.

The "ship to" address may be different than the "bill to "address.

J. Invoice Approval.

1. Vendors must send all invoices to the Finance Department

2. Vendor invoices must show the City's purchase order number.

3. Invoices received in the Finance Department will be forwarded to the appropriate departments for processing.

4. Every invoice found acceptable by the department must be entered into a system batch for payment and the batch documentation sent to the Finance Department for payment. The invoices must contain the name or initials of the appropriate employee authorizing the purchase.

5. Incomplete invoices will be returned for correction.

6. Unless there is a dispute on the price or some other problem with an invoice, its approval should not be delayed. If there has been an error on an invoice, a credit memo or additional invoice for the amount of the error should be issued rather than correcting the invoice. Crossed out or written over amounts can lead to disputes. If an invoice is in dispute, contact the vendor as soon as possible to reach agreement.

K. Coordination of Purchases. Each budget year, departments may have the need to purchase like items, i.e., office equipment, office supplies, computers, and office furniture. Every attempt should be made to consolidate these purchases in order to obtain quantity price advantages and compatibility between departments.

Departments that are planning purchases that may be consolidated should notify the General Services Department early in the fiscal year. General Services will coordinate the purchase process.

L. Donations. Donations of equipment, supplies or services may be accepted if the donated equipment, supply or service is of use to the City and would ordinarily be purchased if funds were available for such purpose. The City Manager may approve acceptance of a donation. Prior to acceptance, the affected department shall provide the City Manager with a written description of the donation and how it will be utilized. The Finance Department shall also be notified of the donated item by the department receiving the donation.

M. Conflict of Interest. No City officer or employee shall participate in the negotiation of any contract in which they have a personal financial interest. 85 AGENDA ITEM NO. 11.
5 Nor shall any officer or employee have any personal financial interest in a contract made by them or a purchase authorized by them in their official capacity, regardless of whether they participated in the negotiation of the contract.

For the City Council and appointed boards and commissions, no member of the Council or board or commission shall have a personal financial interest in a contract made by the respective Council, board, or commission.

N. Prohibition on Solicitation and Receipt of Gifts. City employees shall not solicit or accept, directly or indirectly, gifts at any time from any individual, business or organization that does business with the City, seeks to do business with the City, seeks permits or other entitlements from the City, or to whom the City provides services, except those gifts that directly benefit the City, pursuant to the City’s Gift Policy.

O. Purchases of City Items by City Employees / Officers. Unless otherwise authorized by action of the City Council or these procedures, except for retail, promotional items or other items available to the general public on the same terms, no City officer or employee may purchase any item from the City.

P. Sale of Goods / Services by City Employees / Officers. No City officer or employee may sell any service, materials, supply or equipment to the City, nor have a personal financial interest in any firm which sells any service, material, supply or equipment to the City if prohibited by Section III. M.

IV. Purchases, Local Business Preference, and Disposal of Equipment, Supplies and Services
A. Purchases

1. Dollar Limitations. The authority of each department head to purchase equipment, supplies or services for his or her department is limited according to the following schedule:
a. $15,000.00 or Less: Each department head or authorized designee may purchase equipment, supplies or services up to $15,000.00 in the open market provided said expenditures are within budget limitations. Any purchase order necessary for the purchase must be approved and signed by the department head or authorized designee.
b. $15,000.01 to $40,000.00: Each department head or
authorized designee may purchase equipment, supplies or services of more than $15,000.00 up to $40,000.00 provided 86 AGENDA ITEM NO. 11.
6 said expenditures are within budget limitations. Unless there are fewer than three (3) available vendors, the department head or authorized designee shall obtain at least three (3) written price/term quotes. A formal bid / RFP process shall be used if required by law. Any purchase order necessary for the purchase must be approved and signed by the department
head or authorized designee.
c. $40,000.01 to $75,000.00: Any purchase of more than
$40,000.00 and up to $75,000.00 shall be approved by the City Manager or authorized designee and shall require at least three (3) written price/term quotes, unless there are fewer than three (3) vendors available. A formal bid / RFP process shall be used if required by law. Any purchase order
necessary for the purchase must be approved and signed by the City Manager or authorized designee.
d. $75,000.01 or More: Any purchase of more than $75,000.00 shall be approved by the City Council. Any purchase order necessary for the purchase must be approved and signed by the City Manager or authorized designee after City Council approval.
e. $75,000.01 or More: Except as provided below, any single purchase of more than $75,000.00 shall be made in
accordance with the formal bidding procedures provided in Section IV.A.5. Separate purchases of components of
equipment or projects solely to avoid bidding / proposal requirements shall not be allowed. Any purchase order
necessary for the purchase must be approved and signed by the City Manager or authorized designee after City Council approval.

2. Quotations. Quotations must be in writing.
a. Each Quote must contain the following information:
(1) The name of the vendor representative making the
Quote;
(2) The date of the Quote and the length of time that the Quote shall remain valid;
(3) A description of the equipment, supplies or services to be provided; and
(4) The amount of the Quote.
87 AGENDA ITEM NO. 11.
7 b. The City employee who solicits the Quotes must indicate thereon the date the Quote was solicited and the date the Quote was received. The City employee must also indicate thereon that the Quote was received in response to his or her request.
c. Whenever Quotes are required, at least three (3) quotes must be received. If less than three (3) vendors are available, the City Manager or authorized designee may authorize a
purchase with fewer than three (3) quotes.

3. Purchase of Recycled / Renewable Products. The City of Clovis encourages purchases of recycled / renewable products whenever doing so is in the best interest of the City.
a. City personnel responsible for making
purchasing decisions shall consider purchasing recycled / renewable products when making purchases for the City.

b. Where applicable, City bids and Request for Proposals shall include provisions for vendors to identify the availability, cost and quality of recycled / renewable products as
alternatives to non-recycled / non-renewable products.
c. Provided that fitness, quality, and availability are equal or better, the City shall purchase recycled / renewable products instead of non-recycled / non-renewable products, whenever those products are determined to be a better overall value.

4. Bid Process and Request for Proposal Process. The decision to use a bid process or a request for proposal (RFP) process depends on the type of service, supply, or equipment sought; and, certain provisions of state public purchasing law. The City is a member agency in the Uniform Public Construction Cost Accounting Program. Accordingly, generally, a bid process (either informal or formal as required by Chapter 2.9 of the City Municipal Code) must be used for public construction projects and projects valued over $75,000 that meet the definition of a “public project” under the Public Contract Code. However, generally, RFP’s may be used for the purchase of goods and supplies, and maintenance services that are not considered “public projects” such as landscape maintenance, HVAC maintenance, and janitorial services. Questions concerning the use of a bid vs. a RFP process should be directed to the Purchasing Agent or City Attorney.
88 AGENDA ITEM NO. 11.
8 5. Formal Bids or Proposals. Unless the Formal Procedures are waived as specified below, the procedures specified in Section 2-7.07 of the City Municipal Code must be followed for any single purchase of equipment, supplies, or services in excess of $75,000.00. These procedures are as follows:
a. Notices Inviting Bids or Proposals. Notices inviting bids or proposals shall include a general description of the items to be purchased or sold, or the services sought, and shall state where forms and specifications may be obtained and the time and place for opening bids or submittal of proposals.
(1) Published Notices. Unless otherwise provided by state law, each notice inviting bids or proposals shall be
published once at least ten (10) calendar days before
the date set for opening bids / submittal of proposals.

Such publications shall be in a newspaper of general
circulation in the City. Such notices shall be signed by the Purchasing Agent or the City Clerk.
(2) Vendor List. A list of responsible suppliers with whom the City has had a satisfactory relationship shall be
maintained. Suppliers of the equipment, supplies or
service being bid / proposed that are on this list shall receive a copy of the notice inviting bids / proposals.

(3) Conditions. The bid/proposal form shall state any
qualifications for acceptable vendors and state the
manner in which bids or proposals will be evaluated.
b. Procedures for Opening Hard-Copy Bids and Proposals. (1) Sealed bids and proposals shall be carefully safeguarded until the hour established for opening or submittal of such bids or proposals. Sealed bids shall
be submitted to the City Clerk and shall be clearly
identified as bids on the envelopes. The bids shall be
opened in public at the time and place stated in the
public notice. The City Clerk shall read the name of
each bidder and the total price. Unit prices will be read upon request. A tabulation of all bids received shall be open for public inspection during regular business
hours.
(2) Sealed proposals shall be submitted to the requesting department and shall be clearly identified. Final results 89 AGENDA ITEM NO. 11.
9 of the proposals shall not be divulged until after the proposals have been analyzed and a staff
recommendation issued. Proposals shall be available
for inspection after a contract award has been made
and a contract has been signed by the vendor and the
City.
c. Use of Web-Based E-Procurement System.
(1) The City maintains a web-based, e-procurement
system that may be used for purchases; RFP
processes; conducting bid solicitation, bid openings
and bid awards; solicitation of quotes; maintenance of
vendor lists for goods and services; and, auctions of
surplus goods.
(2) Each City department has at least one (1) staff person trained to utilize the e-procurement system and
available to provide assistance to staff assigned to
make City purchases. Questions or assistance
concerning the e-procurement system should be
directed to the Purchasing Agent.
d. Procedures for Opening Electronic Bids or Proposals.

Electronic bids and electronic proposals shall be carefully safe-guarded until the hour established for opening such bids or proposals. Electronic bids shall be submitted to the City Clerk through the City’s online procurement system and shall be identified as bids in the submissions. The bids shall be opened pursuant to the procedure(s) stated in the public notice. A tabulation of all bids received shall be made available for public inspection through the City’s online procurement system, subject to the City Clerk’s review and verification. Electronic proposals shall be submitted to the requesting department. Results of the electronic proposals shall not be divulged until after proposals have been analyzed for completeness.
e. Rejection of Bids or Proposals. The Council, in its discretion, may reject any and all bids presented under the formal bidding procedure. Proposals submitted in response to RFPs may be rejected by the appropriate department head or the City Manager.
f. Award of Contracts. Contracts shall be awarded to the vendor whose bid is determined to be to the best advantage of the 90 AGENDA ITEM NO. 11.
10 City; or, whose proposal is determined to be the best overall value to the City. Such determination rests in the discretion of the City Council and/or the City Manager in accordance with the dollar limits stated in Section IV.A.1. In reaching a determination of best advantage / overall value, the City may consider the following factors:

Bids
(1) Price;
(2) Compliance with bid specifications (i.e., bidder must be responsible and responsive.)
(3) Applicable provisions of the City’s Local Business
Preference Policy as stated in Sections IV.B.1-2 below.

Proposals
(1) Price;
(2) Lifecycle costs;
(3) Quality of Supplies, Services or Equipment;
(4) Conformity with the Specifications;
(5) Service;
(6) Business Reputation of the Vendor;
(7) Financial Condition of the Vendor;
(8) Delivery Terms;
(9) Delivery Schedule;
(10) Warranty Terms;
(11) Compatibility of the Supplies, Services or Equipment with Existing City Supplies, Services or Equipment.

In addition to the above-listed factors, the City may consider such other factors as it deems pertinent to determine which bid is to the City's best advantage; or which proposal
represents the best overall value to the City.
g. Late Bids or Proposals. Bids or Proposals which are received after the time specified in the public notice shall not be considered.
h. Bonds. The City may require a bid bond and/or a performance bond or other security in such amount as the City shall find reasonably necessary to protect the best interests of the City.

If such bond(s) or security is(are) required, the form and amount of the bond(s) or security shall be described in the public notice. In no event, however, shall the City accept a bond issued by a surety that has not been admitted by the California Insurance Commissioner.
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11 B. Local Business Preference Policy

1. The Local Business Preference Policy provisions apply to bids involving purchases of supplies, materials, services, equipment and non–professional contract services when price is the determinative factor in the award of a contract:

a. When competitive bidding is used pursuant to the City’s Purchasing Ordinance / Purchasing Procedures, and the
lowest responsible bidder is not a local business, the City will provide the lowest responsible local bidder, who is within 5% of the lowest responsible bidder, with notice and an
opportunity to match the bid of the lowest responsible bidder.

Should the local business choose to match the lowest
responsible bid, the local bidder will be determined to be the lowest responsible bidder and will receive the award.
b. If the lowest responsible local business bidder chooses not to match the price of the lowest responsible bidder, the City will provide the next lowest responsible local bidder who is within 5% of the lowest responsible bidder with the opportunity to reduce its bid and match the lowest responsible bidder. This process will continue as necessary until an award is made to either a responsible local business bidder who is within 5% of the lowest responsible bidder, or the lowest responsible bidder itself.
c. In cases where a local business and a non-local business submit equivalent lowest responsible bids, the City will give preference to the local business.
d. No contract awarded to a local business under the local preference provision will be assigned or subcontracted in any manner that permits more than fifty (50) percent of the dollar value of the contract to be performed by an entity that is not a local business.
e. In the event the only bidders are local, the bid will be awarded to the lowest responsible bidder without an opportunity to match.
f. In the event there are two (2) or more local businesses whose bids are tied and within 5% of the lowest responsible bid, the City will determine the tie based on existing provisions provided in Section 2.7.12(b)(7) of the City Municipal Code.

The winner of the tie will be contacted with the option to match 92 AGENDA ITEM NO. 11.
12 the lowest non-local bid pursuant to the process outlined above. If they decline, the local business whose bid was tied will be contacted and given the opportunity to match the bid pursuant to the process outlined above.
g. For the purpose of this provision, local businesses are defined as: a business enterprise, including but not limited to a sole proprietorship, partnership, or corporation, which has a legitimate business presence in the City of Clovis, California.

Evidence of a legitimate business presence in the City of Clovis includes having a current City of Clovis business license (if required); having either a principal business office located in the City of Clovis, or a regional, branch, or satellite office with at least one (1) full-time employee, located in the City of Clovis. Businesses participating in city bid
opportunities will verify their status as a “local” or “non-local” business.

2. The Local Business Preference provision shall not apply to the following procurements:
a. Construction agreements or other contracts required by state or federal statutes or regulations to be awarded to the lowest responsible bidder.
b. Purchases involving legal constraints on the expenditures of funds that would prohibit the application of local preference. c. Purchases involving a Request for Proposal process, wherein the contract award criteria may be based on factors other than solely price.

C. Waiver of Formal Bid / Proposal Procedures.

1. Unless formal bidding is required by state law or other provisions of the City Municipal Code, a waiver from the formal requirements for purchases over $75,000.00 may be obtained as follows:
a. The City Council must approve the waiver of the formal procedures and authorize the purchase over $75,000.00.
b. Any request to waive the formal bid or proposal requirements shall include a justification by the respective department head to either the City Manager or City Council based on the purchasing limits specified in Section IV.A.1. Reasons for waiving formal bid or proposal requirements shall normally be limited to:
93 AGENDA ITEM NO. 11.
13 (1) Use of public multiple-agency cooperating purchasing contracts utilizing bid / proposal processes comparable to the purchasing requirements of the City of Clovis.
(2) Lack of viable vendors for a specified purchase.
(3) Emergency circumstances that preclude the usual
purchasing processes, pursuant to Section III. G of these procedures.

D. Disposal of Surplus Supplies, Equipment, Salvage or Confiscated Property.

1. Surplus supplies, equipment, salvage and / or confiscated property shall be disposed of, as necessary, by auction, public bid, or donation to a governmental or certified (IRS Section 501c.3) non-profit organization.

2. Disposal of surplus supplies, equipment, salvage and / or confiscated property through donation to governmental or certified non-profit organizations must be authorized by the City Manager or City Council, subject to the limits of approval provided for purchases in Section IV.A.1.

3. Unless otherwise approved by the City Manager, the disposal of surplus supplies, equipment, salvage and/or confiscated property through auction shall be conducted by a licensed auctioneer, registered internet-based auction service, or via the process established by the City’s on-line purchasing system.

4. Department heads shall submit a detailed list to the City Manager of all equipment, supplies, salvage or confiscated property to be sold.

5. A “Fixed Asset Disposal” form shall be completed by the responsible department prior to the sale, disposal, auction or donation of any fixed asset.

6. Surplus supplies, equipment, salvage or confiscated property that has been determined to have no value or useful purpose may be destroyed or discarded upon written recommendation of the appropriate department head and approval of the City Manager.

7. Employees may bid and purchase items at such auctions provided, however, that neither employees nor members of their immediate family may participate in the purchase of items for which such employees had direct or indirect responsibility, or for which the employee has information concerning the item's value and condition which is not made available to the general public.
94 AGENDA ITEM NO. 11.
14 8. Each department head may request that a particular item be used as trade on new equipment or supplies. Any such trade shall be approved by the City Manager.

E. Inventory - Equipment, Materials, Supplies, and Parts. Each Department shall maintain an inventory of items of materials, supplies (except printed forms), and parts when the items on hand have an estimated value of more than $10,000.00 in the aggregate. The inventory shall be maintained in accordance with procedures established by the Finance Department. The Fleet Maintenance Division shall maintain a perpetual inventory of all parts, materials, and supplies. The Finance Department shall maintain an inventory of any item of equipment with an estimated value of greater than $10,000.00.

V. Public Works and Capital Improvement Projects
A. Application of These Procedures. Unless otherwise required by law or the City Municipal Code, these purchasing procedures shall apply to all Public Works and Capital Improvements Projects.

B. Purchase Orders. Capital Expenditures will require purchase orders even if a bid is involved. As soon as a bid has been awarded, a purchase order will be prepared by the department making the purchase.

1. Progress Payments. When a bid has been awarded for a major capital expenditure, the Finance Department must be given a projected schedule of estimated progress payments.

VI. Selection of Architect and Engineering Consultants
A. Purpose. The purpose of this procedure is to establish a set of guidelines for the selection and hiring of Consultants by the City to provide architecture and engineering services, when such services are required by the City.

B. Eligibility.

1. Registration. Before being given consideration by the City, a firm proposing to furnish consulting services shall have at least one of its principal members duly registered by the State of California to practice the particular branch of architecture or engineering to be furnished.

2. List of Approved Consultants. The City maintains a list of Consultants who have the qualifications and have expressed a desire to work for the City. Placement on this list does not necessarily guarantee the Consultant a project. It is primarily an indication that the City has 95 AGENDA ITEM NO. 11.
15 determined the firm to be capable of providing the service. The Consultant desiring to provide this service must interview with the City Engineer, or his designee, to demonstrate the firm's capabilities.

C. Selection for Project Assignment.

1. Criteria. The following criteria will be used by the City in selecting a Consultant from the approved list for a particular project:
a. Expertise in specific area(s) required by the project; b. Response time needed by Consultant to produce the needed service;
c. Number of City projects currently assigned and/or length of time since last previous assignment;
d. Performance on previous City projects, including quality and timeliness of work completed; and,
e. Desire of firm to accept a particular assignment.

D. Distribution of Projects.

1. General. Every attempt will be made in the selection of Consultants to evenly distribute the work. Selections will be made, taking into consideration the criteria set forth above, on a rotational basis.

In some cases, the City may re-interview several firms for a specific project assignment. In such cases, the firms not selected shall not lose their "position" on the list, unless the City determines a particular Consultant may be "skipping" projects in hopes of obtaining a more lucrative project later on. In such a case, the Consultant may lose his "position" by going to the bottom of the list or, if found to be a repeated occurrence, the Consultant will be removed from the list and may not be given future consideration for work from the City.

2. Capital Improvement Program and Private Development Projects.

Consultants selected to implement the Five-Year Capital Improvement Program, or to evaluate private development projects, may be selected either from the list of approved consultants according to the criteria set forth above, or through requests for proposals as set forth in the City’s Purchasing Ordinance. 96 AGENDA ITEM NO. 11.
16 E. Fees. The Consultant's fee shall be a negotiated matter and shall be determined following accepted professional practices. Failure to be selected for a project due to inability or failure to reach an agreement with the City on an appropriate fee shall not cause forfeiture of the Consultant's position on the list, except as provided in Section VI. D., above.

VII. Selection of Professional Consultants Other than Engineers A. Purpose. The purpose of this procedure is to establish a set of guidelines for the selection and hiring of Consultants by the City to provide specialized services, when such services are required by the City.

B. Selection for Project Assignment.

1. Criteria. The following criteria will be used for the selection of a Consultant:
a. Expertise in specific area(s) required by the project; b. Response time needed by Consultant to produce the needed service;
c. Performance on previous City projects, including quality and timeliness of work completed; and,
d. Desire of firm to accept a particular assignment.

C. Fees. The Consultant’s fee shall be a negotiated matter and shall be determined following accepted professional practices. Contracts will be awarded in conformance with the limits provided in Section IV.A.1. of these procedures.

VIII. Grant Funded Purchases
The City will adhere to the procurement standards and limitations set forth in 2 CFR 200 and applicable law and regulations for any state or federal grants awarded. These standards also apply to entities deemed to be subrecipients of the City for any grant award. All Departments shall follow any specific guidelines required by the specific grant award.
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ATTACHMENT 3
RESOLUTION 24-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS ESTABLISHING

CLAIM SETTLEMENT AND REJECTION/DENIAL AUTHORITY FOR VARIOUS TYPES OF

CLAIMS FILED WITH AND INVOLVING THE CITY
WHEREAS, the City of Clovis receives and is involved with various types of claims for damages including claims involving general liability matters, personal injury, property damage, and workers’ compensation; and
WHEREAS, timely resolution (i.e., settlement or rejection/denial) of such claims is necessary to protect the City, comply with applicable laws, and limit the City’s exposure to risk; and
WHEREAS, delegating authority to City staff to settle and reject/deny various claims as deemed appropriate is necessary for the efficient administration of day-to-day operations of the City.

NOW, THEREFORE, BE IT RESOLVED, that the City of Clovis hereby approves the following claim settlement and rejection/denial authority levels.

Claim Amount Settlement and Rejection/Denial Authority
Any Claim exceeding $75,000 City Council
Any Claim exceeding $40,000 up to $75,000 City Manager
Any Claim exceeding $15,000 up to $40,000 General Services Director Any Claim up to $15,000 Deputy General Services Director NOW, THEREFORE, BE IT FURTHER RESOLVED, that the authorization herein includes the authority to approve and sign contracts and instruments as authorized in Section

2.2.113(b) of the Clovis Municipal Code.
* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on November 18, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:
______________________________ ______________________________ Mayor City Clerk
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AGENDA ITEM NO. 11.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: November 18, 2024
SUBJECT: Consider items associated with approximately 33 acres of land located at the northwest corner of Sierra and N. Clovis Avenues. Blanchimont Corner LLC et al., owners; Legacy Realty and Development, applicant; Roger Hurtado, representative.
a. Consider Approval - Res. 24-___, A request to approve an environmental finding of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program for Planned Commercial Center Amendment R2024-004.
b. Consider Introduction – Ord. 24-___, R2024-004, A request to amend the development standards and preliminary development plan for the Tuscan Village Planned Commercial Center.

Staff: Lily Cha, Senior Planner
Recommendation: Approve
ATTACHMENTS: 1. Res. 24-___, Initial Study Mitigated Negative Declaration

2. Ord. 24-___, R2024-004

3. Correspondence from Commenting Agencies

4. Initial Study Mitigated Negative Declaration

RECOMMENDATION
The Planning Commission and staff recommend that the City Council adopt a resolution approving an environmental finding of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program for R2024-004 and introduce an ordinance addressing R2024-004.

EXECUTIVE SUMMARY
Legacy Realty and Development (“Applicant”) is seeking approval for R2024-004, hereinafter referred to as the "Project." R2024-004 proposes amendments to the Planned Commercial Center (P-C-C) development standards and the preliminary development plan for approximately 33 acres of the partially developed Tuscan Village commercial center, located on the west side 102
AGENDA ITEM NO. 12.
of N. Clovis Avenue, between Magill and Sierra Avenues. The request also includes renaming the center from "Tuscan Village" to the more commonly known "Golden Triangle." P-C-C Zone Districts are created through Rezone applications, and the proposed changes will require a Rezone amendment. This update aims to resolve long-standing challenges within the existing P-C-C that have hindered development and align with the new property owner's vision for future development. Approval of the project would allow the Applicant to proceed with developing their portion of the center, with the remaining sites expected to be developed incrementally in the future.

BACKGROUND
 General Plan Designation: General Commercial
 Existing Zoning: P-C-C
 Lot Size: Approximately 33 acres
 Current Land Use: Commercial Center
 Adjacent Land Uses:
o North: Commercial
o South: Residential and Park
o East: Commercial
o West: Residential and SR 168
 Previous Entitlements: R2004-36 and R2004-36A
The Project site is located in Focus Area 2 of the City's General Plan. This area covers approximately 40 acres, bounded by Freeway 168, Herndon Avenue, N. Clovis Avenue, Sierra Avenue, and the Clovis Old Town Trail. Focus areas offer flexibility in urban design, site planning, mixed-use development, and facilitating coordinated land use in areas with multiple ownerships.

In Focus Area 2, the primary land use is General Commercial, with additional permitted uses such as high-density residential and mixed-use developments. The area allows vertically mixeduse buildings, with commercial spaces on the ground floor and residential units above. However, historically, the Project site has not taken advantage of this flexibility, and the current Project continues in that tradition.

In December 2004, the City Council approved R2004-36, which established the initial phase of the Tuscan Village P-C-C on approximately 5.81 acres located at the southwest corner of Herndon and N. Clovis Avenues, between Herndon and Magill Avenues. This approval included a conceptual development plan intended as a vision tool for the incremental development of the entire center. It was expected that future rezones might adjust the plan to cover the remaining 33-acre area south of Magill Avenue, as needed.

In March 2007, the City Council approved an interim C-2 (Community Commercial) zoning designation for approximately 1.8 acres in the southern portion of the center, enabling the processing of a conditional use permit for an 85-room hotel. This rezone and use permit were conditioned to be incorporated into future P-C-C requests for the remaining 33-acre site.

In June 2007, the City Council approved R2004-36A, which memorialized the second phase of the P-C-C covering the southern 33 acres of the center situated west of N. Clovis Avenue, between Sierra and Magill Avenues. This amendment updated the general development standards for the site, including signage standards and the preliminary development plan (site 103
AGENDA ITEM NO. 12.
layout). The architectural design from the first phase of the P-C-C was carried over, and development was expected to proceed incrementally through the site plan review (“SPR”) process. This amendment also incorporated the March 2007 interim C-2 zoning designation.

Since that approval, less than half of the 33-acre portion of the P-C-C has been developed.

However, development has been challenging due to irregularly shaped parcels, multiple property owners with different interests, and the need to underground the West Branch Clovis Ditch that bisects the Project area. In some cases, the parcels did not align with the preliminary development plan, leaving some property owners with land that could only be developed as parking areas. City staff made several attempts to mediate discussions between property owners to encourage collaborative development, but these efforts were unsuccessful. In recent years, one entity was able to acquire a large portion of the properties and negotiate a development plan that worked for all the parcels, resulting in the proposed Project.

FIGURE 1 – Project Location
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AGENDA ITEM NO. 12.

PROPOSAL AND ANALYSIS
The Applicant is seeking approval of R2024-004 to amend the exiting Tuscan Center P-C-C, with modifications to the development standards and preliminary development plan. This amendment also proposes renaming the center to the more commonly known “Golden Triangle.” Notably, while the original P-C-C was established with two (2) phases – Phase 1, a 5.81-acre section north of Magill, and Phase 2, the current subject properties – this Project pertains only to Phase 2. Phase 1 will continue to operate under the existing Tuscan Village P-C-C guidelines, while Phase 2, if approved, will follow the new Golden Triangle standards.

The Project aims to formalize the development pattern for this area, paving the way for future site-specific plan approvals. The properties in this area are under multiple ownerships and include a mix of developed properties, residences slated for future development, and vacant lots. While the entire site is being planned under this Project, some properties will likely develop in future phases when owners are ready. The Applicant intends to proceed with developing their properties shortly after approval. This Project ensures that as development progresses incrementally, there will be established guidelines for access, circulation, and design to maintain cohesive development throughout the area.

P-C-C Development Plan and Planning Areas
The P-C-C Zone District is intended to support neighborhood, community, and regional shopping centers within a planned development, offering innovative design solutions that are not achievable under conventional commercial zoning. While P-C-C zoning allows for customized development criteria—whether more or less restrictive than standard City requirements—it is not considered a variance. A development plan is required, specifying all permitted uses, development standards, and maintenance obligations. The zoning also categorizes different uses to address variations in parking needs and design considerations, allowing for tailored design criteria. P-C-C Zone Districts are established through Rezone applications. The proposed modifications require a Rezone amendment.

The Golden Triangle development plan incorporates a set of guidelines and standards that will govern the center (Attachment 2B). These guidelines include development standards such as setbacks, building height restrictions, architectural design, parking requirements, signage regulations, and land use provisions. The plan divides the site into four distinct Planning Areas (PAs), each with its own standards and designated land uses. The remaining Tuscan Village area north of Magill Avenue, outside of this Project, has been designated as the fifth PA for reference purposes. Additionally, the Project upholds the pedestrian connectivity goals set by the previous Tuscan Village standards by requiring enhanced pedestrian pathways and crossings, linking buildings within the center to the Old Town Clovis trail and N. Clovis Avenue.

Planning Areas
The development plan outlines four (4) distinct planning areas, each with unique characteristics and development permissions. Figure 2 below illustrates the boundaries of these planning areas, and the descriptions that follow detail the intended uses for each:
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AGENDA ITEM NO. 12.

Planning Area 1 (PA1)
PA1 encompasses approximately 15 acres and is shown within the orange boundary in Figure 2 below. This area will accommodate about 133,396 square feet of building space.

The primary land uses focus on new and used automotive retail sales and associated repair services, along with supporting office spaces. Four (4) automotive-related buildings are planned for PA1, ranging in size from approximately 16,376 to 48,776 square feet.

Proposed tenants include AUDI, BMW, and Porsche, with a fourth to be determined.

Planning Area 2 (PA2)
PA2 spans about 8 acres and is outlined in yellow in Figure 2 below. This area will accommodate approximately 106,198 square feet of building space, supporting a variety of uses such as office, institutional, retail, services, and lodging. A total of eight (8) buildings are planned within PA2, four (4) of which are already in place: California Health Sciences, the Fairfield Hotel, Valley Care Residential Training, and a dental office. The proposed new buildings will range in size from 2,816 to 12,184 square feet.

Planning Area 3 (PA3)
PA3 covers approximately 5 acres and is marked by the green boundary in Figure 2 below.

This area will accommodate roughly 30,324 square feet of building space and is designed to support food services. PA3 is intended to minimize automobile-centric uses and instead focus on ancillary beverage production, dining, and entertainment in both interior and exterior experiential settings, with possible uses including banquets, weddings, and conferences. The area currently contains two residences at the southwest corner of Magill and N. Clovis Avenues, as well as a used car dealership at Sierra and N. Clovis Avenues.

The homes will eventually be demolished and redeveloped for commercial purposes, though they may remain without expansion for the time being. The used car dealership will stay operational until fifty (50) percent of the overall center is developed (SPR90-20A), at which point it must either cease operations or be redeveloped consistent to the Golden Triangle plan. PA3 will include buildings ranging from 2,800 to 9,375 square feet.

Planning Area 4 (PA4)
PA4 is approximately four (4) acres and is highlighted by the blue boundary in Figure 2. It will accommodate around 78,000 square feet of building space and is planned primarily for lodging, with potential ancillary uses for conferences, banquets, weddings, and special events. The design for PA4 aligns with a previously approved SPR (SPR2004-005) for a 124-room hotel.

Planning Area 5 (PA5)
PA5, covering approximately 5.8 acres, is the initial phase of the Tuscan Village P-C-C located north of Magill Avenue. While not part of the current update, it is included in this PC-C document to clarify governance of the area. PA5 will continue to operate under the original Tuscan Village P-C-C development standards and preliminary plan. The area is fully developed, with no significant redevelopment expected in the near future. It currently includes a large office building, a drive-through fast food restaurant, and a multi-suite retail building, separated from the 33-acre subject site to the south by Magill Avenue. 106
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FIGURE 2 – Golden Triangle Planning Areas
Architectural Guidelines
The architectural guidelines for Tuscan Village were originally based on an Italian/Tuscan theme, featuring primary materials such as stucco, cornices, columns, and terracotta tile roofs.

However, as the center developed incrementally, a more contemporary interpretation of the Tuscan theme emerged, with some buildings incorporating flat roofs and clean geometric forms.

The new Project introduces updated architectural guidelines, primarily focused on the new automotive retail buildings, while allowing flexibility for each building to have a distinct character.

The overarching style will shift towards a contemporary or modern design, characterized by clean or organic lines in geometric forms, flat roofs, and the use of materials like glass, steel, concrete, and stone, with neutral color palettes.
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AGENDA ITEM NO. 12.

While the contrast between existing and proposed architectural features is acknowledged, the intent behind updating the design guidelines is to encourage the remodeling of older buildings to align with future trends. Additionally, the benefits of the applicant's Project, including enhanced functionality and market appeal, outweigh the architectural contrast. The shift towards modern design is largely driven by the proposed automotive dealerships, which have limited flexibility in design alterations and thus necessitate this update. Although the modern architectural theme differs from the existing style, it brings advantages, such as better alignment with changing design trends, increased adaptability to future needs, and technological advancements in building design and materials.

Sign Program
Tuscan Village initially established a sign program tailored to its preliminary development plan.

With this update, the sign program for the Project area will need to be revised as the preliminary development plan has changed. The proposed sign program will follow the Clovis Municipal Code (“CMC”) for commercial sign standards for on-building signage in PA 2, 3, and 4. PA1, however, is provided with unique sign standards due to the need for freestanding identification and directional signs for the automotive dealerships, as outlined in the sign program included in Attachment 2B. On-building signage for PA1 remains consistent with the current CMC guidelines.

The notable exception to PA1 standards is the request for a multi-tenant freeway pylon sign adjacent to Freeway 168. The applicant is requesting a 50-foot-tall sign with an area of up to 300 square feet. This request aligns with what is allowed under the CMC and is consistent with similar signage established in other planned commercial center developments, such as the Sunrise Pavilion Shopping Center at Owens Mountain Parkway and Temperance Avenue.

Appropriate permits from both the City and the California Department of Transportation must be obtained.

Preliminary Development Plan (Site Design)
The initial Tuscan Center preliminary development plan (see Figure 3 below) focused around the creation of a major professional office core along the Palo Alto Avenue alignment, central to the site. The total building area proposed for the center south of Magill Avenue was approximately 416,000 square feet. The office core would be accessed by a central driveway, which proceeds from N. Clovis Avenue through a pedestrian-oriented commercial corridor. While the initial site design presented a visually appealing layout, it posed significant challenges for development with multiple property owners and odd lots that don’t align with proposed buildings.

Hence the reason why development never occurred. Additionally, office type uses are no longer demanding in the market. For these reasons, the original site layout is not feasible.

The proposed update to the preliminary development plan (see Figure 4 below) is driven by the applicant’s project and their ability to acquire properties and collaborate with other property owners. The site layout maintains the primary drive along the Palo Alto Avenue alignment from N. Clovis Avenue, central to the site. This will be a private driveway. The automotive dealerships will be situated adjacent to this driveway as entry features to the center. The total building area proposed for this update is approximately 346,285 square feet, less than the original. 108
AGENDA ITEM NO. 12.

FIGURE 3 – Tuscan Center (Current) Preliminary Development Plan FIGURE 4 – Golden Triangle (proposed) Preliminary Development Plan 109
AGENDA ITEM NO. 12.

Circulation and Parking
Access to the overall Project site will remain largely consistent with the initial Tuscan Village preliminary development plan with additional driveways included. The primary access point will continue to be centrally located, extending from the Palo Alto Avenue alignment. The site will be accessible from N. Clovis Avenue through a total of five (5) driveways, with an additional three (3) access points from Magill Avenue. Enhanced pedestrian connectivity to the Old Town Clovis Trail will also be provided.

The Tuscan Center established parking requirements of 4.7 parking spaces per 1,000 square feet for commercial development and four (4) spaces per 1,000 square feet of gross floor area for office development. The Project will adhere to these parking standards and introduce additional provisions based on various use types, including commercial, office, automotive sales and repairs, and hotel.

Table 1 – Parking Requirements by Land Use Type
Use Required Parking
Commercial 4.7 parking stalls per 1,000 square feet of gross floor area.

Office 4 parking stalls per 1,000 square feet of gross floor area.

Vehicle Sales & Repair
5 stalls per acre and 5 additional parking stalls (Vehicle sales); 1 space for each 300 square feet of gross floor area or 3 stalls for each bay, whichever is greater, plus 1 additional space (Vehicle repair).

Hotel 1.2 stalls for each guest room plus required spaces for accessory uses.

According to the proposed preliminary development plan, the Project will need to provide at least 1,067 parking spaces. However, the plan offers 1,306 spaces, exceeding the minimum requirement by 239 spaces.

Site Plan Review and Projected Development
As previously mentioned, this Project aims to formalize the development pattern for the area, setting the stage for future site-specific plan approvals. The SPR process, conducted at the staff level, will evaluate the site-specific development in detail to ensure consistency with approved P-C-C development standards and other City requirements. Development will occur incrementally, driven by the varying timelines and interests of multiple property owners.

The Applicant is leading the development of the PA1 sites, which are designated for automotive dealerships and related uses. Therefore, the initial phase of development following Project approval will focus on PA1. This phase includes 133,963 square feet of buildings across approximately 15 acres located centrally within the project’s boundaries. Development will begin with Building C, with construction expected to start as early as January 2025, followed shortly by the remaining sites in this phase. Development of other areas outside PA1 will proceed as property owners are ready to move forward. After the near-term development of PA1 the total 110
AGENDA ITEM NO. 12.
percentage of developed area in the Project site, excluding non-conforming development, will be approximately (67) percent.

P-C-C Amendment (R2024-004)
Planned Commercial Centers are established through the City’s Rezone application process and therefore, this update requires an amendment to the Rezone (R2004-36A) that established this phase of the Tuscan Village P-C-C. (CMC § 9.12.020, subd. (D).) With Rezone applications, there are specific findings that must be considered for approval (CMC § 9.76.020):

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

The proposed P-C-C amendment to R2004-36A is consistent with the goals, policies, and actions of the General Plan. The P-C-C Zone District is consistent with the property's General Plan designation of General Commercial. This Project seeks to update the previously established development standards and preliminary development plan for the Tuscan Center P-C-C. It is expected to attract new businesses to Clovis, create job opportunities, and expand the variety of goods, services, and entertainment options available. The development will also provide a pedestrian-oriented space, enhancing the area's walkability. The update does not conflict with any General Plan goals or policies for commercial development and supports the following goals and policies:

Land Use Element - Goal 5: A city with housing, employment, and lifestyle opportunities for all ages and income residents.

Policy 5.5 – Jobs for residents. Encourage development that provides job opportunities in industries and occupations currently underserved in Clovis.

Economic Development Element – Goal 3: Distinctive commercial destinations, corridors, and centers that provide a wide variety of unique shopping, dining, and entertainment opportunities for residents and visitors.

Policy 3.1 – Quality of life. Promote retail development with the primary objective of improving the quality of life by providing a full range of goods and services in Clovis.

Policy 3.4 – Large-scale retail centers. Require community-and regional-scale retail centers and districts to create a pedestrian-friendly, human-scale atmosphere with street furniture, shading, landscaping, and gather spaces that enhance the experience of shopping and socializing. Such centers and districts should provide entertainment and dining in addition to retail and services. 111
AGENDA ITEM NO. 12.

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

The Project is an infill development centrally located in Clovis. It has undergone a thorough review by various City departments and external agencies, with no significant concerns raised by these stakeholders. Furthermore, the Project’s environmental impacts have been evaluated through the accompanying Initial Study/Mitigated Negative Declaration (ISMND).

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

The Project is amending the development standards and preliminary development plan previously established for the Tuscan Village P-C-C, as allowed under the Clovis Development Code. These modifications have been reviewed by various City departments and external agencies, with no issues raised. Future individual developments will undergo additional scrutiny through the SPR process, ensuring detailed, site-specific compliance.

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 site is well-suited to support the proposed development. It has been thoroughly reviewed by various City departments and external agencies, with no significant concerns raised by these stakeholders. Each individual development will undergo further evaluation through the SPR process to ensure detailed, site-specific compliance.

Public Comments
The City published notice of this public hearing in The Business Journal on Friday, November 1, 2024. A public notice was also sent to property owners within a minimum of 600 feet of the project site boundaries. This notice was also sent to all current property owners within the Golden Triangle Project site. Staff have not received any inquiries prior to the finalization of the staff report.

Review and Comments from Agencies
The Project was distributed to all City Divisions as well as outside agencies, including Cal Trans, Clovis Unified School District, Fresno Irrigation District, Fresno Metropolitan Flood Control District, AT&T, PG&E, San Joaquin Valley Air Pollution Control District, State Department of Fish and Wildlife, and the County of Fresno.

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. 112
AGENDA ITEM NO. 12.

Planning Commission Meeting
On Thursday, October 24, 2024, the Planning Commission considered the Project with staff presenting the Project alongside its recommendations and detailed information as described in the staff report. After discussions, the Planning Commission voted to recommend that the City Council approve the Project and associated CEQA findings with a vote of 5-0-0.

California Environmental Quality Act (CEQA)
Although an Initial Study Mitigated Negative Declaration (ISMND) was prepared for the original Tuscan Village Project, an updated Initial Study was prepared by the City because significant time has passed since the initial environmental determination. The new Initial Study prepared by the City of Clovis (see Attachment 4) assesses the Project’s impact on natural and man-made environments, as required by the California Environmental Quality Act (“CEQA”). Staff is recommending approval of a mitigated negative declaration (“MND”). An MND is a written statement announcing that this project would not have a significant effect on the environment with the implementation of mitigation measures.

In summary, environmental impacts were determined to be found to be less than significant with implementation of mitigation measures for aesthetics, air quality, biological resources, cultural resources, geological resources, and tribal cultural resources (See the Mitigation and Monitoring Program that is attached to Attachment 1A). The Notice of Intent to adopt an MND was posted to the City’s website at the web address https://cityofclovis.com/planning-anddevelopment/planning/ceqa/ . (Cal. Code Regs., Tit. 14, § 15072, subd. (b)(2).) The proposed MND was made available for public comment and review at the City’s Planning and Development Services Department from October 4, 2024, to October 24, 2024. (Id. at § 15073)

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
The applicant is seeking approval of R2024-004 to amend the existing Tuscan Center P-C-C, incorporating updates to the development standards and preliminary development plan. The Project aims to formalize the development pattern for this area, facilitating future site-specific plan approvals. This update will help address historical challenges within the P-C-C that have previously hindered development. The Project aligns with the goals and policies of the General Plan and is expected to bring positive benefits to the Clovis community. As a result, the Planning Commission and staff recommend that the City Council approve an environmental finding of a Mitigated Negative Declaration (MND) and a Mitigation Monitoring and Reporting Program for the Project and approve R2024-004.

ACTIONS FOLLOWING APPROVAL
The second reading and adoption of the proposed ordinance will occur at the December 2, 2024, City Council meeting or as soon thereafter as possible.

CONFLICT OF INTEREST
None.

Prepared by: Lily Cha, Senior Planner
Reviewed by: City Manager JH
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AGENDA ITEM NO. 12.

Attachment 1
RESOLUTION 24-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS

APPROVING A MITIGATED NEGATIVE DECLARATION FOR P-C-C AMENDMENT R2024-004 (GOLDEN TRIANGLE) PURSUANT TO THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT GUIDELINES
WHEREAS, Legacy Realty and Development, 5390 E. Pine Ave, Fresno, CA 93727 (“Applicant”), has applied for P-C-C Amendment R2024-004 (“Project”); and WHEREAS, the City of Clovis (“City”) caused to be prepared an initial study in October 2024, to evaluate potential environmental impacts from the Project (hereinafter incorporated by reference), and on the basis of that initial 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 proposed mitigated negative declaration (“MND”) has been prepared, circulated, and made available for public comment pursuant to the California Environmental Quality Act (“CEQA”), (see Pub. Res. Code § 21000, et seq., and Cal Code Regs., Tit. 14, § 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 Business Journal on Friday, November 1, 2024; 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.
114
AGENDA ITEM NO. 12.

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 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 November 18, 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 adopted at a regular meeting of the City Council of the City of Clovis held on November 18, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: November 18, 2024
______________________________ ______________________________ Mayor City Clerk
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AGENDA ITEM NO. 12.

ATTACHMENT A:

Mitigation Monitoring Program
R2024-004
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 After Construction
Prior to
Occupancy
Biological Resources
BIO-1 Worker Training: Prior to construction, personnel shall complete worker environmental awareness
training. The training shall present information on
burrowing owls and notification procedures and
shall direct workers to halt work and allow individual
burrowing owls to move off-site of their own accord.

Construction personnel shall provide signatures
confirming completion of the training, and copies of
the training shall be maintained and made available
to applicable agencies upon request
City of Clovis Planning Prior to Permits
and During
Construction
BIO-2 Burrowing Owl: A pre-construction survey shall be conducted by a qualified biologist no more than 14
days prior to construction activities. The
preconstruction survey shall be conducted in
accordance with the “Take Avoidance Surveys”
described in California Department of Fish and
Wildlife’s (CDFW) Staff Report on Burrowing Owl
Mitigation (CDFW, 2012). If burrowing owls or sign
of burrowing owls is not observed, results shall be
documented, and no further action is necessary.

City of Clovis Planning Prior to Permits
and During
Construction
116
AGENDA ITEM NO. 12.

Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
Should burrowing owl burrows be observed, CDFW
shall be consulted to determine necessary
avoidance or exclusion methods. Mitigation shall
follow CDFW recommended measures in CDFW’s
Staff Report on Burrowing Owl Mitigation (CDFW,
2012), and shall follow the below steps:
 If the burrows can be avoided, a qualified
biologist shall demarcate a no-disturbance
buffer around the burrows using high
visibility fencing or pin flagging. The size of
the buffer shall be established with CDFW
and shall remain in place until construction
is completed. Buffer size for burrowing owl,
as detailed in CDFW’s staff report, range
from 50 meters to 500 meters depending on
the level of disturbance and timing of
disturbance.
 Should full avoidance be infeasible, CDFW
shall be consulted to identify appropriate
exclusion methods to be implemented prior
to removal of the burrows. Consistent with
the CDFW Staff Report, exclusion would not
occur until a Burrowing Owl Exclusion Plan
is approved by CDFW.
 In order to mitigate for loss of burrows that
are excluded, the Burrowing Owl Exclusion
Plan shall identify one of the following
mitigation options, or a combination thereof,
as outlined in the CDFW Staff Report
“Mitigating Impacts” section:
o Creation of artificial burrows
commensurate to the number of
burrows excluded;
117
AGENDA ITEM NO. 12.

Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
o Permanent conservation of like
habitat, such as conservation
easement;
o Purchase of conservation bank
credits; and/or
o An alternative mitigation strategy, as
developed with and approved by
CDFW.

BIO-3 Nesting Birds: If construction activities would occur during the nesting season (February 1 through
August 31), a pre-construction survey for the
presence of nesting bird species shall be conducted
by a qualified biologist on and within 500 feet of
proposed construction areas, as accessible. The
survey shall occur within five days of the
commencement of construction activities. If active
nests are identified in these areas, one of the
following should occur:
 A qualified biologist shall establish a
disturbance-free buffer zone using highvisibility fencing or flagging. The size of the buffer shall be determined by the qualified
biologist based on the needs of the species.

The buffer shall remain in place until either
(1) construction activities are completed, (2)
the conclusion of the nesting season, or (3)
the qualified biologist determines that the
young have fledged and are no longer
dependent on the nest, or the nest has
failed. If construction activities are halted for
a period of more than 14 days, an additional
preconstruction nesting bird survey shall be
conducted.

Or
City of Clovis Planning Prior to Permits
and During
Construction
118
AGENDA ITEM NO. 12.

Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
 Commencement of construction activities
shall be postponed until after the nesting
season, or until after a qualified biologist has
determined the young have fledged and are
independent of the nest site or the nest has
failed.

Cultural Resources
CULT-1 If prehistoric or historic-era 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 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
City of Clovis Planning Prior to Permits
and During
Construction
119
AGENDA ITEM NO. 12.

Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
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.

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(c) 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
Geological Resources
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, can evaluate the significance of the
find and make recommendations. Cultural resource
City of Clovis Planning Prior to Permits
and During
Construction
120
AGENDA ITEM NO. 12.

Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
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 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 archaeologist,
can evaluate the significance of the find and make
recommendations. Cultural resource materials may
include prehistoric resources such as flaked and
City of Clovis Planning Prior to Permits
and During
Construction
121
AGENDA ITEM NO. 12.

Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
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 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,
City of Clovis Planning Prior to Permits
and During
Construction
122
AGENDA ITEM NO. 12.

Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
subdivision (c) 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.
123
AGENDA ITEM NO. 12.

Attachment 2
ORDINANCE 24-___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING PLANNED COMMERCIAL CENTER AMENDMENT R2024-004 AMENDING THE

DEVELOPMENT STANDARDS AND PRELIMINARY DEVELOPMENT PLAN FOR APPROXIMATELY 33 ACRES OF PROPERTY LOCATED ON THE WEST SIDE OF

NORTH CLOVIS AVENUE, BETWEEN MAGILL AND SIERRA AVENUES
WHEREAS, Legacy Realty and Development, 5390 E. Pine Ave, Fresno, CA 93727 (“Applicant”), has applied for a P-C-C Amendment R2024-004; and WHEREAS, the Applicant’s request is to amend the P-C-C Zone District to modify the development standards and preliminary development plan for approximately 33-acres of property within the Tuscan Village Center located on the west side of North Clovis Avenue, between Magill and Sierra Avenues (“Project”); and
WHEREAS, the Planning Commission held a duly noticed public hearing on October 24, 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 R2024-004; 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 November 1, 2024, mailed public notices to property owners within 600 feet of the Property 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 November 18, 2024, to consider approval of R2024-004; 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 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. 124
AGENDA ITEM NO. 12.

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

Section 1

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 November 18, 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 2 The Official Map of the City is amended in accordance to Sections 9.8.020 and

9.86.010 of the Clovis Municipal Code by reclassification of certain land in the City of Clovis, County of Fresno, State of California, to wit:

Amending the P-C-C Zone District to establish the Loma Vista Marketplace P-C-C Zone District standards for the area described in Attachment A and B.

Section 3 This Ordinance shall go into effect and be in full force from and after thirty (30) days after its final passage and adoption.

APPROVED: November 18, 2024
______________________________ ______________________________ Mayor City Clerk
* * * * * * * * * *
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AGENDA ITEM NO. 12.

The foregoing Ordinance was introduced and read at a regular meeting of the City Council held on November 18, 2024, and was adopted at a regular meeting of said Council held on December 2, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: December 2, 2024
___________________________________
City Clerk
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AGENDA ITEM NO. 12.
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AGENDA ITEM NO. 12.

Cityof Clovis GoldenTriangleP-C-CDistrict
October 2024 Page 1 of 19
A. PURPOSE AND INTENT

1. Purpose. The purpose of this chapter is to establish The Golden Triangle Planned Commercial Center (P-C-C) District and preliminary development plan. The purpose of this district and preliminary development plan is to:
a. Regulate the use of buildings, structures, and land relative to uses consistent with the Golden Triangle Master Plan.
b. Regulate the location, intensity, and type of buildings and structures and land uses consistent with the Golden Triangle Master Plan.
c. Establish permitted and conditionally permitted uses. d. Establish the process for review and approval of future development within the district. e. Provide for the establishment of Design Review Guidelines to be administered by the Planning and Development Services Director or his or her designee. f. Encourage a creative and efficient approach to the use of land.

2. Intent. The Golden Triangle P-C-C District (District) is designed to facilitate uses customarily associated with large scale commercial centers, focusing on retail, office, dining, and entertainment. Pedestrian and bicycle connectivity are included within the Golden Triangle P-CC District through the use of site amenities, design guidelines, and landscaping features providing linkages throughout the site and to surrounding areas.

B. APPLICABILITY

1. Location. TheGolden Triangle P-C-CDistrictisintended to regulate developmentwithin the Golden Triangle project site, located on Clovis Ave and bordered by Sierra, Magill and HWY 168 as shown in Figure 1: Golden Triangle Master Plan.

2. Relationship to Clovis Municipal Code. Where provisions are not addressed in this District, the provisions of Title 9 (Development Code) of the Clovis Municipal Code (CMC) shall apply.

3. Conflicting requirements. In the event the provisions of this District conflict with any other City ordinance or provision of law, the provisions contained in this District shall apply.

Attachment B
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AGENDA ITEM NO. 12.

Cityof Clovis GoldenTriangleP-C-CDistrict
October 2024 Page 2 of 19
HERNDON AVE.

Figure 1: Golden Triangle Location Map
N
CLOVIS AVE.
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AGENDA ITEM NO. 12.

Cityof Clovis GoldenTriangleP-C-CDistrict
October 2024 Page 3 of 19
C. ESTABLISHMENT OF THE PRELIMINARY DEVELOPMENT PLAN

1. Preliminary Development Plan. The preliminary development plan is adopted as shown in Attachment A: Golden Triangle P-C-C Preliminary Development Site Plan.

2. Areas, Character, and Types of Uses. The Golden Triangle P-C-C District is divided into four areas, each planned for specific characteristic uses, providing for maximum flexibility while still maintaining oversight and ensuring the vision of the Golden Triangle Master Plan is achieved. The following descriptions identify the characteristic uses intended for each area of the Golden Triangle P-C-C District. Location and area boundaries are shown in Figure 2: Golden Triangle Master Plan P-C-C District Area Boundaries.
a. Area 1. Area 1 is considered the most fixed and inclusive, focused on new and used automotive retail sales and associated repairs of all types with supporting offices. b. Area 2. Area 2 allows for a wide range of office, institutional, retail, services, and lodging uses.
c. Area 3. Area 3 is designed to facilitate food services. Area 3 along the trail is designed by limiting automobile focused uses including ancillary beverage production, food services, and entertainment in both an interior and exterior experiential environment with possible accommodations for banquets, weddings, and conferences. d. Area 4. Area 4 is designed to facilitate lodging, with possible ancillary accommodations of conferences, banquets, weddings, and special events.
e. Area 5. Area 5 covers the approximately 5.8-acre area of the initial phase for the Tuscan Village P-C-C located north of Magill Avenue. This area will continue to be governed by the Tuscan Village P-C-C as approved by R2004-36A.
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Figure 2: Golden Triangle Master Plan P-C-C District Area Boundaries CLOVIS AVE.
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D. DEVELOPMENT STANDARDS BY PLANNING AREA
The development standards outlined in this section apply within the Golden Triangle P-C-C District:

1. Planning Area 1 – Motor Vehicle Retail and Service
a. Planning Area 1 is approximately 15 acres in area and is identified by Figure 2 above. The area accommodates approximately 133,396 square feet of building area. b. Allowable Land Uses: Refer to Table 5: Allowed Uses and Approval Requirements. c. Fencing Adjacent or viewable from the public right-of-way or trail shall be of decorative tubular steel or a design and material approved by the Director of Planning and Development Services through the stie plan review process. Fencing within the center shall be of consistent design. d. Sufficient parking must be demonstrated for each specific building at the time of Site Plan Review. e. Modifications:

1. Administrative Modifications – The Planning and Development Director may approve minor changes to the P-C-C District, including the preliminary development plan, at the administrative level if the proposed changes are in substantial conformance with the P-CC District. Such proposed changes shall not significantly affect the design, intensity, or intent of the district, as determined by the Director:
a. Reconfiguration of building location/ footprint/ orientation within PA-1 where primary circulation is not affected.
b. Changes to building area within PA-1 where the maximum area is not exceeded.

2. Council – Approved Modifications – Changes that are substantive, deviating from the approved standards of the P-C-C District or features of the preliminary development plan.

The City Council is the designated approval authority for major amendments. Major amendments shall require a public hearing and may be appealed. a. Overall increase in building area.
b. Modifications to development standards.

Table 1: PA-1 Development Standards

BUILDING INTENSITY
Minimum lot area No specific criteria required
Minimum lot width No specific criteria required
Minimum lot depth No specific criteria required
Maximum lot coverage No specific criteria required
Maximum height *35’ 2 stories

BUILDING SETBACKS
Clovis Avenue 10’ Minimum (PUE)
Clovis trail 5’
Local street 10’
Between buildings 20’

PEDESTRIAN AND VEHICULAR CIRCULATION
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Internal enhanced pedestrian walkways Enhanced crossing shall be 10’ wide and match existing
Pedestrian walkways shall connect
all buildings within the PCC;
pedestrian connection shall also
occur between the PCC and the
Clovis trail
Driveways 26’ wide (min.)
Additional width may be imposed
by the Fire or Public Utilities
Department; turning radius must
also meet Fire and Public Utilities
Department
requirements
Private Street (Primary driveway) Per the preliminary development plan
As approved by the Engineering/
Fire Departments

PARKING
Per all current ordinances for Vehicle Sales and Vehicle Repair** * Additional height/ stories may be considered through the Conditional Use Permit (CUP) process **If at any time the auto retail use is modified to commercial/ retail use, the site will need to accommodate parking at the commercial/ retail requirements. Appropriate amendments to the PCC development standards and preliminary development plan must be made.

2. Planning Area 2 – Consumer, Lifestyle, Retail and Lodging a. Planning Area 2 is approximately 8 acres in area and is identified by Figure 2 above. The area accommodates approximately 106,198 square feet of building area. b. Allowable Land Uses: Refer to Table 5: Allowed Uses and Approval Requirements.

1. PA 2 is limited to one hotel business.
c. Fencing Adjacent or viewable from the public right-of-way or trail shall be of decorative tubular steel or a design and material approved by the Director of Planning and Development Services through the stie plan review process. Fencing within the center shall be of consistent design. d. Outside storage and retail areas associated with the primary indoor uses shall provide adequate screening using materials and colors that are consistent with the primary building’s architecture, and those deemed appropriate by the City Planner. All items within the outdoor area must be screened from view. Screening design shall be approved at the discretion of the Planning and Development Services Director:
e. Sufficient parking must be demonstrated for each specific building at the time of Site Plan Review. f. Modifications:

1. Administrative Modifications – The Planning and Development Director may approve minor changes to the P-C-C District, including the preliminary development plan, at the administrative level if the proposed changes are in substantial conformance with the P-CC District. Such proposed changes shall not significantly affect the design, intensity, or intent of the district, as determined by the Director:
a. Reconfiguration of buildings location/ footprint/ orientation within PA-2 where primary circulation is not affected.
b. Changes to building area within PA-2 where the maximum area is not exceeded. 133
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2. Council – Approved Modifications – Changes that are substantive, deviating from the approved standards of the P-C-C District or features of the preliminary development plan.

The City Council is the designated approval authority for major amendments. Major amendments shall require a public hearing and may be appealed. a. Overall increase in building area.
b. Modifications to development standards.

Table 2: PA-2 Development Standards

BUILDING INTENSITY
Minimum lot area No specific criteria required
Minimum lot width No specific criteria required
Minimum lot depth No specific criteria required
Maximum lot coverage 50%
Maximum height *35’ / 55’ (Hotel) 2 stories / 5 stories (Hotel)

BUILDING SETBACKS
Clovis Avenue 10’ Minimum (PUE)
Clovis trail 5’
Local street 10’
Between buildings 20’

PEDESTRIAN AND VEHICULAR CIRCULATION
Internal enhanced pedestrian walkways Enhanced crossing shall be 10’ wide and match existing
Pedestrian walkways shall connect
all buildings within the PCC;
pedestrian connection shall also
occur between the PCC and the
Clovis trail
Driveways 26’ wide (min.)
Additional width may be imposed
by the Fire or Public Utilities
Department; turning radius must
also meet Fire and Public Utilities
Department
requirements
Private Street (Primary driveway) Per the preliminary development plan
As approved by the Engineering/
Fire Departments

PARKING
Per all current ordinances for:
• Retail/ Commercial Uses – 4.7 spaces for each 1,000 square feet of gross floor area • Office Uses – 1 space for each 250 square feet of gross floor area • Hotel Uses – 1.2 space for each guest room plus required spaces for accessory uses • Additional parking may be required per special “use permit” conditions * Additional height/ stories may be considered through the Conditional Use Permit (CUP) process 134
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3. Planning Area 3 – Retail Multi-Purpose and Entertainment a. Planning Area 3 is approximately 5 acres in area and is identified by Figure 2 above. The area accommodates approximately 30,324 square feet of building area. b. Allowable Land Uses: Refer to Table 5: Allowed Uses and Approval Requirements. c. Fencing Adjacent or viewable from the public right-of-way or trail shall be of decorative tubular steel or a design and material approved by the Director of Planning and Development Services through the stie plan review process. Fencing within the center shall be of consistent design. d. Outside storage and retail areas associated with the primary indoor uses shall provide adequate screening using materials and colors that are consistent with the primary building’s architecture, and those deemed appropriate by the City Planner. All items within the outdoor area must be screened from view. Screening design shall be approved at the discretion of the Planning and Development Services Director.
e. Drive-through restaurants/ uses are limited to buildings K and L within PA-3. No additional drivethroughs are allowed in the shopping center. f. Drive-Through Standards. Drive-through uses shall conform with current City Code requirements.

For any drive-through use identified by City staff as being high-volume, additional queuing capacity will be required based on the specific characteristics of the proposed use and the location and configuration of drive-through lane(s).
g. Sufficient parking must be demonstrated for each specific building at the time of Site Plan Review. h. Modifications:

1. Administrative Modifications – The Planning and Development Director may approve minor changes to the P-C-C District, including the preliminary development plan, at the administrative level if the proposed changes are in substantial conformance with the P-CC District. Such proposed changes shall not significantly affect the design, intensity, or intent of the district, as determined by the Director:
a. Reconfiguration of buildings location/ footprint/ orientation within PA-3 where primary circulation is not affected.
b. Changes to building area within PA-3 where the maximum area is not exceeded.

2. Council – Approved Modifications – Changes that are substantive, deviating from the approved standards of the P-C-C District or features of the preliminary development plan.

The City Council is the designated approval authority for major amendments. Major amendments shall require a public hearing and may be appealed. a. Overall increase in building area.
b. Modifications to development standards.

Table 3: PA-3 Development Standards

BUILDING INTENSITY
Minimum lot area No specific criteria required
Minimum lot width No specific criteria required
Minimum lot depth No specific criteria required
Maximum lot coverage No specific criteria required
Maximum height *35’ 2 stories

BUILDING SETBACKS
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Clovis Avenue 10’ Minimum (PUE)
Clovis trail 5’
Local street 10’
Between buildings 20’

PEDESTRIAN AND VEHICULAR CIRCULATION
Internal enhanced pedestrian walkways Enhanced crossing shall be 10’ wide and match existing
Pedestrian walkways shall connect
all buildings within the PCC;
pedestrian connection shall also
occur between the PCC and the
Clovis trail
Driveways 26’ wide (min.)
Additional width may be imposed
by the Fire or Public Utilities
Department; turning radius must
also meet Fire and Public Utilities
Department
requirements
Private Street (Primary driveway) Per the preliminary development plan
As approved by the Engineering/
Fire Departments

PARKING
Per all current ordinances for:
• Retail/ Commercial Uses – 4.7 spaces for each 1,000 square feet of gross floor area • Office Uses – 1 space for each 250 square feet of gross floor area • Additional parking may be required per special “use permit” conditions * Additional height/ stories may be considered through the Conditional Use Permit (CUP) process

4. Planning Area 4 – Lodging
a. Planning Area 4 is approximately 4 acres in area and is identified by Figure 2 above. The area accommodates approximately 78,500 square feet of building area. b. Allowable Land Uses: Refer to Table 1: Allowed Uses and Approval Requirements.

1. PA 4 is limited to one hotel business.
c. Fencing Adjacent or viewable from the public right-of-way or trail shall be of decorative tubular steel or a design and material approved by the Director of Planning and Development Services through the stie plan review process. Fencing within the center shall be of consistent design. d. Sufficient parking must be demonstrated for each specific building at the time of Site Plan Review. e. Modifications:

1. Administrative Modifications – The Planning and Development Director may approve minor changes to the P-C-C District, including the preliminary development plan, at the administrative level if the proposed changes are in substantial conformance with the P-C-C District. Such proposed changes shall not significantly affect the design, intensity, or intent of the district, as determined by the Director:
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a. Reconfiguration of buildings location/ footprint/ orientation within PA-4 where primary circulation is not affected.
b. Changes to building area within PA-4 where the maximum area is not exceeded.

2. Council – Approved Modifications – Changes that are substantive, deviating from the approved standards of the P-C-C District or features of the preliminary development plan.

The City Council is the designated approval authority for major amendments. Major amendments shall require a public hearing and may be appealed. a. Overall increase in building area.
b. Modifications to development standards.

Table 4: PA-4 Development Standards

BUILDING INTENSITY
Minimum lot area No specific criteria required
Minimum lot width No specific criteria required
Minimum lot depth No specific criteria required
Maximum lot coverage No specific criteria required
Maximum height *35’ / 72’(Hotel) 2 stories/ 5 stories (Hotel)

BUILDING SETBACKS
Clovis Avenue 10’ Minimum (PUE)
Clovis trail 5’
Local street 10’
Between buildings 20’

PEDESTRIAN AND VEHICULAR CIRCULATION
Internal enhanced pedestrian walkways Enhanced crossing shall be 10’ wide and match existing
Pedestrian walkways shall connect
all buildings within the PCC;
pedestrian connection shall also
occur between the PCC and the
Clovis trail
Driveways 26’ wide (min.)
Additional width may be imposed
by the Fire or Public Utilities
Department; turning radius must
also meet Fire and Public Utilities
Department
requirements
Private Street (Primary driveway) Per the preliminary development plan
As approved by the Engineering/
Fire Departments

PARKING
Per all current ordinances for:
• Hotel Uses – 1.2 space for each guest room plus required spaces for accessory uses • Ancillary uses shall provide parking per the current city ordinance 137
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* Additional height/ stories may be considered through the Conditional Use Permit (CUP) process

5. Planning Area 5 – Tuscan Village
a. Planning Area 5 covers the approximately 5.8-acre area of the initial phase for the Tuscan Village PC-C located north of Magill Avenue. This area will continue to be governed by the Tuscan Village PC-C as approved by R2004-36A. b. The Tuscan Village P-C-C standards and preliminary development plan is provided as Appendix A to this document.

E. ALLOWED USES

1. Allowed Uses. Table 5: Allowed Uses and Approval Requirements identifies allowed uses and corresponding permit requirements for the Golden Triangle P-C-C District subject to compliance with all other provisions of this District and applicable provisions of Title 9 (Development Code) of the CMC. Descriptions/definitions of uses can be found in Chapter 9.120 (Definitions) of the CMC.

2. Similar Uses. If a proposed use is not listed, it shall not be allowed unless determined to be sufficiently similar to a use listed in Table 5: Allowed Uses and Approval Requirements. Should such proposed use be sufficiently similar in character, operation, environmental impact, and neighborhood compatibility, it may be deemed a permitted, administrative, or conditional use at the discretion of the Planning and Development Services Director in accordance with Section

9.02.020 (Rules of Interpretation) of the CMC.

Table 5: Allowed Uses and Approval Requirements
Use Permitted Use
Conditional
Use Permit
Administrative
Use Permit
Area
Planning Area 1 – Motor Vehicle Retail and Services
Automotive New & Used Sales & Rentals X 1
Automotive services & Repairs Associated with
Automotive Sales
X 1
Automotive Storage Associated with Automotive Sales X 1 Automotive Services Station Associated with
Automotive Sales
X 1
Car Wash Associated with Automotive Sales X 1
EV Electric Charging Stations X 1
Ancillary Retail X 1
Planning Area 2 – Consumer, Lifestyle, Retail and Lodging General Retail X 2
Studios, art, dance, music, and photography X 2
Bakeries, Retail X 2
Off-site Alcohol Sales X 2
Alcohol Consumption Indoor X 2
Alcohol Consumption Outdoor (associated with
primary use)
X 2
Banks X 2
Bars and Cocktail Lounges X 2
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Use Permitted Use Conditional
Use Permit
Administrative
Use Permit Area
Beauty & Barber Shops X 2
Bowling Alleys X 2
Cigar Lounge X 2
Churches X 2
Convenience Stores X 2
Daycare Facilities X 2
Dining Indoor & Outdoor X 2
Drugstores X 2
Florist X 2
Grocery Stores X 2
Hardware and Home Improvement Stores (with
or without exterior yard requirements)
X 2
Health Studios X 2
Medical Office/ Dental Office X 2
Dry Cleaning X 2
Business Office/ Office X 2
Rooftop Patio & Lounge X 2
Rooftop Patio Lounge, Bar, Dining X 2
Restaurants, Restaurants-bar combination X 2
Schools: Trade and Commercial X 2
Technical or Adult Schools X 2
Tobacco Shops X 2
Yard and Garden Sales (with or without exterior
yard requirements)
X 2
Planning Area 3 – Multi-Purpose and Entertainment
Alcohol Consumption Indoor X 3
Alcohol Consumption Outdoor (associated with
primary use)
X 3
Activities & Games (Outdoor) X 3
Bars and Cocktail Lounges X 3
Micro-Brewery (Production, Sales, and Tasting) X 3
Conferences, Banquets, Weddings, Receptions,
Special Events
X 3
Distillery (Production, Sales, and Tasting) X 3
Drive-up and Drive-through Restaurants X 3
Fast Casual/ QSR Restaurants X 3
Food Trucks X 3
Outdoor Activities X 3
Outdoor Dining X 3
Live (Amplified) Music (Indoor & Outdoor) X 3
Pet Friendly (Outdoor, Indoor only if Service
Licensed)
X 3
Restaurants, Coffee Shops, Restaurant-Bar
Combinations: Self-Service Restaurants
X 3
Retail Sales X 3
Roof Top Patio & Lounge X 3
Roof Top Patio Lounge, Bar and Dining X 3
Wine (Production, Sales, and Tasting) X 3
Business Office/ Office X 3
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Planning Area 4 - Lodging
Hotel, Motel, and Lodging X 4
Conference, Banquets, Weddings, Receptions,
Special Events (Ancillary to Hotel)
X 4
F. FINAL DEVELOPMENT PLAN AND PERMITS REQUIRED

1. Final Development Plan Submittal. Prior to the issuance of required building or use permits, a final development plan shall be submitted for review to verify conformance with the approved preliminary development plan (see Attachment A: Golden Triangle P-C-C Preliminary Development Plan) and P-C-C District provisions. The final development plan shall be processed in accordance with Chapter 9.56 (Site Plan Review) of the CMC. The final development plan may be processed concurrently with establishment of the P-C-C District but shall not be approved until the P-C-C has been established. The final development plan shall depict the site layout of the entire PCC.

Subsequent individual site plan reviews may occur incrementally as development is proposed.

2. Compliance with the Final Development Plan. No permit shall be issued for any building or use except when in compliance with the final development plan. Compliance shall be determined through the applicable review process. The City may require additional information to be submitted to demonstrate compliance.

3. Use Permits Required. In addition to compliancewith the final development plan and the provisions of the Golden Triangle P-C-C District, all proposed uses must obtain the required use permits, as indicated in Table 5: Allowed Uses and Approval Requirements as follows:
a. “AUP” indicates the use shall be permitted subject to the approval of an Administrative Use Permit per Chapter 9.62 (Administrative Use Permits) of the CMC. b. “CUP” indicates the use shall be conditionally permitted subject to the approval of a Conditional Use Permit per Chapter 9.64 (Conditional Use Permits) of the CMC.

G. SIGN PROGRAM
Refer to the Attachment B: Golden Triangle Sign Program.

H. DESIGN AND ARCHITECTURE
The design of individual buildings within the Master Plan will be based on the unique standards and branding features of the building owners. All buildings will incorporate high quality architectural design, building materials, and construction methods. Exterior building designs will be reviewed and approved through the site plan review (SPR) process.

Contemporary or modern architecture is the prevailing style for new construction within the Master Plan boundary. Departure from this style will be the exception, when necessary to meet specific required branding elements of individual tenants or when otherwise determined to be necessary by the Director. For the purposes of this Master Plan, the contemporary architectural style is characterized by features including, but not limited to, the following:

1. Desired Features and Characteristics
a. The use of clean lines, whether in geometric forms or with a focus on flowing, organic lines.
b. Flat or slightly sloped roofs, large glass panels for natural lighting (floor-to-ceiling windows, glass curtain walls, or large, strategically placed glass panels), and seamless transitions between materials.
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c. Materials such as glass, steel, concrete, and stone. The use of metal cladding or panelization, including perforated panels or corrugated panels, and wooden slats, in combination with glass panels and other materials in varying textures and finishes is common.
d. Repeating clean lines across different surfaces, materials, and colors, such as architectural panels, lap siding, windows, and iron balcony railings all featuring straightforward lines.
e. The use of neutral color palettes. However, the use of contrasting colors in building materials can be used to emphasize the lines and forms of buildings (i.e. dark steel frames, light wood cladding, and contrasting white plaster finishes). Occasional bold accents can be used to emphasize branding or to add visual interest where the added color does not detract from the prevailing design.

2. Design Features that are Discouraged and Should Generally be Avoided a. Overly ornate or traditional detailing, such as excessive moldings, arches, or intricate carvings. Unnecessary decorative columns or pilasters should also be avoided. b. Small or traditional-style windows
c. Excessive use of color
d. False mansard or pitched roofs, gable roofs
e. Blank, inactive facades; lack of articulation; reliance on a single building material or texture. Comprehensive/monotonous use of stucco as an exterior building treatment should be avoided.

I. AMENDMENTS

1. Applicability. Amendments may be requested to the P-C-C District. For the purpose of this section, the amendments include changes to the language of the P-C-C District provisions, allowed uses, development standards, procedures outlined herein, or preliminary development plan.

2. Review Process. The designated approving authority for an amendment to the P-C-C District shall be determined as follows:
a. Substantial conformance. The Planning and Development Director may approve minor changes to the P-C-C District, including the preliminary development plan, at the administrative level if the proposed changes are in substantial conformance with the P-CC District. Such proposed changes shall not significantly affect the design, intensity, or intent of the District, as determined by the Director. The Director may permit the reallocation of building area to create smaller, new buildings, provided they are located in areas that do not disrupt primary circulation or parking. b. Minor amendment. The Planning and Development Director is the designated approval authority for minor amendments. Minor amendments are non-substantive changes typically resulting in less than a 10 percent deviation from the approved standards of the P-C-C District or features of the preliminary development plan. No public hearing shall be required. Minor amendments may be appealed to the Planning Commission and further to the City Council.
c. Major amendments. Major amendments are substantive changes typically resulting in more than a 10 percent deviation from the approved standards of the P-C-C District or features of the preliminary development plan. The City Council is the designated approval authority for major amendments. Major amendments shall require a public hearing. d. Amendments to the use schedule. A conditional use permit shall be required for any change in use category from that approved by the Council under the development plan. 141
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Conditional use permit applications shall be processed in accordance with Chapter 64(Conditional Use Permits) of the CMC.

J. COVENANTS, CONDITIONS, AND RESTRICTIONS
Refer to the Attachment C: Golden Triangle Covenants, Conditions, and Restrictions. CC&Rs are to be established for the development and provided to planning staff for the record before construction takes place.

K. DEFINITIONS

1. Preliminary Development Plan. Refers to a site plan approved as part of the P-C-C District for the intent of establishing site development expectations in conformance with the goals and intent of the P-C-C District.

2. Final Development Plan. A site plan submitted following approval of the P-C-C District, to implement and approve, through the site plan review process, the development of property within the P-C-C District, consistent with District standards and the approved preliminary development plan. 142
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D NOPARKING NOPARKING
NO PARKING NOPARKING 13RESERVED 12RESERVED

NO PARKING
LOADING ZONE H.B. H.B.

TRUCK UNLOADING AREA "K" "L" "M" "N" "R" "J" "Q" "P" "O" H.B.

H.B.

H.B. "A" "C" "B" H.B.

H.B. "S" "P1" "P2" H.B. H.B. H.B. H.B. H.B.

H.B. UNDER SITE PLAN REVIEW SPR 2024-005

TRUCK UNLOADING AREA

CLOVIS AVENUE CLOVIS AVENUE CLOVIS AVENUE MAGILL AVENUE TRAIL TRAIL TRAIL TRAIL H.B. "G"H.B. "E" bocce court bocce court "D" "G1" H.B. "F" P R O J E C T P LA N N IG - DES I GN - CO N S U LT I NG C u r r e n t R e le a s e D a te P la n n in g S u b m it a l P la n C h e c k S u b m it a l S T A T U S R E V I S I O N S S c a le P r o je c tC o o r d in a to r P r o je c tN o . S h e e t I D E N T I F I C A T I O N PCC MASTER SITE PLAN AMENDMENT FOR: GOLDEN TRIANGLE DEVELOPMENT CLOVIS AVE. AND HERNDON AVE. CLOVIS, CA. 93611 1 6 4 5 S H A W A V E .,SUI T E 10 1 C L O V IS,CA L I FO R N I A 93 6 1 1 5 5 9 -29 8 -30 6 0 (O F F IC E )5 5 9 -29 8 -32 6 7 (FA X ) PCC MASTER PLAN AMENDMENT A-0.0 PROJECT DATA SITE DATA: REQUIRED PARKING STALLS SUMMARY FOR NEW BUILDINGS: SUPER PAD/BUILDING "A" DATA: SUPER PAD/BUILDING "B" DATA: SUPER PAD/BUILDING "C" DATA: SUPER PAD/BUILDING "D" DATA: SUPER PAD/BUILDING "E" DATA: SUPER PAD/BUILDING "F" DATA: SUPER PAD/BUILDING "G" DATA: SUPER PAD/BUILDING "K" DATA: SUPER PAD/BUILDING "L" DATA: SUPER PAD/BUILDING "M" DATA: SUPER PAD/BUILDING "N" DATA: SUPER PAD/BUILDING "O" DATA: SUPER PAD/BUILDING "P" DATA: SUPER PAD/BUILDING "Q" DATA: SUPER PAD/BUILDING "R" DATA: SUPER PAD/BUILDING "J" DATA: SUPER PAD/BUILDING "S" DATA: OPEN GRASS AREA DATA: NEW PROVIDED PARKING SUMMARY: SUPER PAD/BUILDING "P1" DATA: SUPER PAD/BUILDING "P2" DATA: EXISTING PROVIDED PARKING STALL SUMMARY: DEALERSHIP ONLY INVENTORY PARKING STALLS: N N VICINITY MAP HERNDON AVE.

CLOVIS AVE. SIERRA AVE. 168 HWY
Attachment A - Preliminary Development Plan
143
Master Sign Program for Golden Triangle

1. Introduction
Purpose and Scope
The purpose of this Master Sign Program (MSP) is to provide a comprehensive sign plan for Golden Triangle Development located near the southwest corner of N. Clovis Ave and Herndon Ave, Clovis, CA. This MSP establishes guidelines for the design, placement, and maintenance of all signs within the shopping center to ensure consistency, aesthetic appeal, and compliance with the City of Clovis Municipal Code.

2. General Sign Requirements
Compliance with Municipal Code
This MSP is applicable to the Golden Triangle Planned Commercial Center, separated into distinct planning areas as identified in Figure 1. Existing signs approved under the Tuscan Village or Old Town Village sign programs are considered legal non-conforming with the adoption of this sign program.

Temporary Signs
A. Description: Signs intended for temporary use, such as promotional banners, flags a-frames or event signs.

B. Specifications: Duration, size, and placement restrictions as per City of Clovis Municipal Code.

C. Materials: Fabric, vinyl, or other temporary materials.

Maintenance and Safety Standards
All signs must be maintained in good condition, free of damage, rust, and other forms of deterioration. The property owner or designated manager is responsible for ensuring that signs are safe and secure.

Attachment B - Master Sign Program
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FIGURE 1
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3. Sign Types and Specifications – PA 1 Automobile Dealerships Wall Signs
A. Description: Signs mounted directly on the exterior walls of buildings. Types of wall signs include but are not limited to individual channel letters, nonilluminated flat cut out letters and cabinet signs.

B. Specifications: Sign area allowance is to be determined by table below. Each elevation’s allowance shall be added together to calculate the building’s maximum sign area. In addition, any business having a street frontage with no public entrance shall be allowed one-half (1/2) square foot of sign area for each one foot of leased building frontage, to a maximum area of 25 square feet. There will be no limit to the number of signs installed per elevation, so long as no single elevation exceeds 125 square feet in sign area.

Structure
Entrance
Setback
(from street
frontage property
line)
Allowable Sign
Area Formula
Minor Tenants
Maximum
Allowable Sign
Area
Major Tenants
Maximum
Allowable Sign
Area
150 feet or less to
the intended
service street
property line.

One sq. ft. per
each linear foot of
lease space.
50 sq. ft. 100 sq. ft.

More than 150
feet to the
intended service
street property
line.

One and one-half
sq. ft. per each
linear foot of lease
space.
75 sq. ft. 150 sq. ft.

C. Materials: Durable, weather-resistant materials such as aluminum, acrylic, or similar.

Internal Monument Signs
A. Description: Signs that are supported by structures placed on the ground and not attached to any building.

B. Specifications: Each dealership shall be allowed two monument signs.

Maximum height 6 feet. Maximum sign area 30 square feet per sign.

Monument signs shall have setback requirements as per City of Clovis Municipal Code. To be limited to numbers and general locations specified within this program’s site plan Exhibit 1.

C. Materials: Metal, wood, or composite materials with a finished appearance. 146
AGENDA ITEM NO. 12.

Directional Signs
A. Description: Signs that provide directional information for vehicular and pedestrian traffic within the shopping center.

B. Specifications: Each dealership shall be allowed three directional signs.

Maximum height 3 feet. Maximum sign area 15 square feet per sign.

Directional signs shall have setback requirements as per City of Clovis Municipal Code. To be limited to numbers and general locations specified within this program’s site plan Exhibit 1.

C. Materials: Metal, wood, or composite materials with a finished appearance.

4. Sign Types and Specifications – Planning Area 2, 3, and 4 Tenants Wall Signs
A. Description: Signs mounted directly on the exterior walls of buildings. Types of wall signs include but are not limited to individual channel letters, nonilluminated flat cut out letters and cabinet signs.

B. Specifications: Sign area allowance is to be determined by table below. Each elevation’s allowance shall be added together to calculate the building’s maximum sign area. In addition, any business having a street frontage with no public entrance shall be allowed one-half (1/2) square foot of sign area for each one foot of leased building frontage, to a maximum area of 25 square feet.

Structure
Entrance
Setback
(from street
frontage property
line)
Allowable Sign
Area Formula
Minor Tenants
Maximum
Allowable Sign
Area
Major Tenants
Maximum
Allowable Sign
Area
150 feet or less to
the intended
service street
property line.

One sq. ft. per
each linear foot of
lease space.
50 sq. ft. 100 sq. ft.

More than 150
feet to the
intended service
street property
line.

One and one-half
sq. ft. per each
linear foot of lease
space.
75 sq. ft. 150. ft.

C. Materials: Durable, weather-resistant materials such as aluminum, acrylic, or similar.
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D. The Director may grant minor adjustments in order to prevent unnecessary hardships which would result from a strict and literal interpretation and enforcement of certain regulations required by this MSP. A practical difficulty or unnecessary hardship may result from the size, shape, or dimensions of a site or the location of existing structures on the site, from geographic, topographic, or other physical conditions on the site, or in the immediate vicinity, or from street locations or traffic conditions in the immediate vicinity which would affect the placement of signs on the site or structure.

Directional Signs
A. Description: Signs that provide directional information for vehicular and pedestrian traffic within the shopping center.

B. Specifications: Each dealership shall be allowed three directional signs.

Maximum height 3 feet. Maximum sign area 2 square feet per sign.

Directional signs shall have setback requirements as per City of Clovis Municipal Code. To be limited to numbers and general locations specified within this program’s site plan Exhibit 1.

C. Materials: Metal, wood, or composite materials with a finished appearance.

5. Freestanding Signs
Freestanding Multi-Tenant Signs
A. Description: Signs that are supported by structures placed on the ground and not attached to any building.

B. Specifications: One multi-tenant freestanding sign shall be allowed at the north end of the development along Clovis Avenue, north of Palo Alto Avenue alignment.

One multi-tenant freestanding sign shall be allowed at the south end of the development along Clovis Avenue, south of Palo Alto Avenue alignment.

Maximum height 20 feet. Maximum sign area 100 square feet. Freestanding signs shall have setback requirements as per City of Clovis Municipal Code. limited to numbers and general locations specified within this program’s site plan Exhibit 1. Locations identified in Exhibit 1 are general and may be relocated upon staff approval.

C. Materials: Metal, wood, or composite materials with a finished appearance.

Freeway Pylon Sign
A. Description: Signs that are supported by structures placed on the ground and not attached to any building.
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B. Specifications: One multi-tenant freeway pylon sign shall be allowed at the northwest section of the development. Maximum height 50 feet. Maximum sign area, not including any supporting structures, not to exceed 300 square feet.

Freeway pylon sign shall have setback requirements as per City of Clovis Municipal Code. Limited to numbers and general locations specified within this program’s site plan Exhibit 1.

C. Materials: Metal, wood, or composite materials with a finished appearance.

6. Design Standards
Materials, Colors, Copy and Logos
All signs must use high-quality, durable materials. Colors shall be at the discretion of the tenant subject to approval by the City of Clovis. Choice of copy and logos shall be at the discretion of the tenant and allowed on all wall signs, freestanding signs, monuments and directional signs subject to the approval by the City of Clovis.

Illumination
Illumination of all signs including wall signs, freestanding signs, monuments and directional signs should be consistent and subtle. Internally lit signs, external spotlights, exposed neon and halo lighting are acceptable, provided they comply with City of Clovis Municipal Code. Non-illuminated signs will also be required for any signs facing the residences along the southwest border of this development.

Size and Placement
Signs must be appropriately sized and placed to ensure visibility without overwhelming the architectural features of the buildings. Specific size and placement guidelines are detailed in the appendices and follow the City of Clovis Municipal Code.

7. Permitting Process
Application Requirements
Applicants must submit detailed sign plans, including dimensions, materials, colors, and placement, for review.

Review and Approval Process
The property owner or designated manager will review all sign applications for compliance with this MSP and the City of Clovis Municipal Code before submitting to the City for building permit and final approval.
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Inspection and Enforcement
All signs will be inspected upon installation to ensure compliance. Non-compliant signs must be corrected or removed at the property owner's expense. 150
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Freeway Multi-tenant Pylon Sign Freestanding Multi-tenant Signs PA 1 Internal Monument Signs PA 1 Directional Signs EXHIBIT 1 AGENDA ITEM NO. 12.

Cityof Clovis GoldenTriangleP-C-CDistrict
October 2024 Page 18 of 19
Attachment C: Golden Triangle Covenants, Conditions, and Restrictions. 152
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ATTACHMENT 14 ATTACHMENT 13 Appendix A - Tuscan Village P-C-C 153
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TUSCAN VILLAGE & OLD TOWN VILLAGE

PLANNED COMMERCIAL CENTER

USE TABLE

USE PERMITTED USES CONDITIONALLY

PERMITTED USES
Appliance sales (household) X
Arcades X
Art Galleries & Studios X
Artist Studios X
Automotive Service Stations X
Bakeries, Retail X
Banks and Savings and Loan Associations X
Barber and beauty shops X
Bars and Cocktail Lounges X
Bicycle Shops X
Bookstores and Periodical Store;
(except that adult/sex oriented book and
periodical stores shall not be allowed)
X
Bowling Alleys X
Car Washes X
Carpet Sales, Retail Only X
Clothing Stores X
Computer and Related Sales X
Confectioneries X
Convenience Stores X
Daycare Facilities X
Delicatessens X
Drive –up and Drive-in Restaurants X
Drive up window uses X
Drugstore X
Dry Goods X
Dry Cleaners X
Dry Cleaning (pick-up agencies for work to be
done elsewhere)
X
Employee Credit Unions X
Employment Agencies X
Event Centers X
Floor and Wall Coverings X
Florist X
Furniture Stores X
Gasoline Stations X
Updated Use Schedule (R2004-36A2)
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USE PERMITTED USES CONDITIONALLY

PERMITTED USES
Gift Shops X
Grocery Stores X
Hardware and Home Improvement Stores
(with or without exterior yard requirements)
X
Health Club & Studios X
Health Food Stores X
Hotels, Motels and Lodgings X
Ice Cream Sales X
Indoor Sports X
Jewelry Stores X
Laboratories:
a. Biological:
b. Dental;
c. Medical;
d. Optical
X
X
X
X
Leather Goods and Luggage Stores X
Libraries X
Liquor Stores X
Mail Centers X
Mortgage and Loan Offices X
Museums X
Music Stores X
Offices
a. Administrative;
b. Business;
c. General;
d. Medical;
e. Professional
X
X
X
X
X
Optometry Clinics X
Paint Stores X
Personal Services X
Pet Shops X
Photographic Studios X
Photographic Supply Stores X
Post Offices X
Pottery Sales X
Radio and Television Sales and Service X
Restaurants, Coffee Shops, Restaurant-Bar
Combinations; Self-Service Restaurants
X
Retail Sales X
Schools; Trade and Commercial X
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USE PERMITTED USES CONDITIONALLY

PERMITTED USES
Security Brokers & Dealers X
Shoe Repair Shops X
Shoe Stores X
Sporting Good Stores X
Stationery Stores X
Technical or Adult Schools X
Tobacco Shops X
Toy Stores X
Yard and Garden Sales
(with or without exterior yard requirements)
X
The Community Development Director may determine certain uses or activities, which are not explicitly stated above to be permitted uses, provided the use or activity has characteristics, which are similar to one of the uses listed above.

Any use sufficiently similar to one of the above listed uses, in character, operation, environmental impact and neighborhood compatibility, may be deemed a permitted or conditional use in the discretion of the Community Development Director. 169
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Preliminary Development Plan (R2004-36A)
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County of Fresno

DEPARTMENT OF PUBLIC HEALTH
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
February 27, 2023
LU0022133
2604
Lily Cha, Assistant Planner
City of Clovis
Planning and Development Services Department
1033 Fifth Street
Clovis, CA 93612
Dear Ms. Cha:

PROJECT NUMBER: DRC2023-005
DRC2023-005; Development of multiple parcels support the new construction of various structures, road improvements, landscape areas and paved parking per City of Clovis standards.

APN: 491-030-23, 40, 491-110-02, 29, 30, 39, 43 ZONING: P-C-C ADDRESS: Palo Alto & Clovis Avenues
Comments/Concerns:

Since all of the retail tenants have not been identified for this application, the full range of PCC uses must be considered. The potential adverse impacts could include (but are not limited to) storage of hazardous materials and/or wastes, medical waste, solid waste, water quality degradation, excessive noise, and odors.

Recommended Conditions of Approval:
 The proposed construction and retail project has the potential to expose nearby residents to elevated noise levels. Consideration should be given to your City’s municipal code.  Should food facilities be proposed, then prior to issuance of building permits the applicant(s) will be required to submit complete food facility plans and specifications to the Fresno County Department of Public Health, Environmental Health Division, for review and approval. Prior to operation, the applicant(s) shall apply for and obtain permits to operate a food facility from the Fresno County Department of Public Health, Environmental Health Division. A permit, once issued, is nontransferable. Contact the Consumer Food Protection Program at (559) 600-3357 for more information.
 Should alcohol be proposed, Prior to alcohol sales the applicant shall first obtain their license to sell alcoholic beverages. Contact the California Alcoholic Beverage Control Department at (559) 225- 6334 for more information.
 Facilities that use and/or store hazardous materials and/or hazardous wastes shall meet the requirements set forth in the California Health and Safety Code (HSC), Division 20, Chapter 6.95, Attachment 3
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February 27, 2023
DRC2023-005

2 and the California Code of Regulations (CCR), Title 22, Division 4.5. Your proposed business will handle hazardous materials and/or hazardous waste and will be required to submit a Hazardous Materials Business Plan pursuant to the HSC, Division 20, Chapter 6.95 (http://cers.calepa.ca.gov/).

Contact the Fresno County Hazmat Compliance Program at (559) 600-3271 for more information.  The applicant will be required to obtain a Medical Waste Permit from the California Department of Health Services, Medical Waste Management Program. Call (916) 449-5671 for more information.  Should a body art facility (i.e. tattoo, piercing, branding or permanent cosmetics facility) be proposed, prior to issuance of building permits, the tenant shall submit complete body art facility plans and specifications to the Fresno County Department of Public Health, Environmental Health Division, for review and approval. Contact the Body Art Program at (559) 600-3357 for more information.
 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.

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 work the contractor should contact the following agencies for current regulations and requirements:
 California Department of Public Health, Childhood Lead Poisoning Prevention Branch, at (510) 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. 172 AGENDA ITEM NO. 12.

Lily Cha
February 27, 2023
DRC2023-005

3 REVIEWED BY:

Kevin Tsuda, R.E.H.S.

Environmental Health Specialist II (559) 600-33271
cc: Rogers, Moreno, C. Yang & Sauls (assigns) - Environmental Health Division (CT. 56.02) 173
AGENDA ITEM NO. 12.

R2024-004

INITIAL STUDY

CITY OF CLOVIS
1 Rezone R2024-004
Initial Study and Mitigated Negative Declaration
October 2024
PREPARED BY:

Lily Cha
Senior Planner
Planning & Development Services
(559) 324-2335
[email protected]
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2 INITIAL STUDY
This Initial Study was prepared pursuant to the California Environmental Quality Act (CEQA) Public Resources Code Sections 21000 et seq., CEQA Guidelines Title 14, Section 15000 et seq. of the California Code of Regulations.

PROJECT TITLE: R2024-004
LEAD AGENCY NAME AND ADDRESS: City of Clovis
Planning & Development Services
1033 Fifth Street
Clovis, CA 93612

CONTACT PERSON AND PHONE
NUMBER:

Lily Cha, Senior Planner
(559) 324-2335
[email protected]
PROJECT LOCATION: Area West of Clovis Avenue between Magill and Sierra Avenues
APN(s):
491-030-18,20T,23,28,40,67,70T,71;
491-110-02,24,25,29,30,35,39,42,43;
491-113-13,18,21T,29,33S
PROJECT SPONSOR’S NAME AND
ADDRESS:

Legacy Realty and Development
5390 E. Pine
Fresno, CA 93727
LAND USE DESIGNATION: General Commercial
ZONING DESIGNATION: Planned Commercial Center (PCC)
PROJECT DESCRIPTION See page 7 of this Initial Study

SURROUNDING LAND USES AND
SETTING:

See page 7 of this Initial Study
REQUIRED APPROVALS: See page 10 of this Initial Study

HAVE CALIFORNIA NATIVE AMERICAN
TRIBES REQUESTED CONSULTATION? IF
SO, HAS CONSULTATION BEGUN?
N/A
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3 176
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4 TABLE OF CONTENTS
A. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED ..........................................................................6 B. PROJECT OVERVIEW....................................................................................................................................7 C. PROJECT LOCATION ....................................................................................................................................7 D. EXISTING SETTING........................................................................................................................................7 Existing Conditions................................................................................................................................7 Surrounding Conditions.........................................................................................................................7 Land Use Designation...........................................................................................................................7 Zoning Designation ...............................................................................................................................8 E. PROJECT DESCRIPTION...............................................................................................................................8 Project Entitlements ..............................................................................................................................8 Project Construction and Phasing.........................................................................................................8 Site Preparation ....................................................................................................................................8 Project Components..............................................................................................................................9 F. REQUIRED PROJECT APPROVALS ...........................................................................................................10 G. TECHNICAL STUDIES....................................................................................................................................9 H. ENVIRONMENTAL CHECKLIST ..................................................................................................................15

1. Aesthetics ...........................................................................................................................................15

2. Agriculture and Forestry Resources....................................................................................................17

3. Air Quality ...........................................................................................................................................19

4. Biological Resources...........................................................................................................................23

5. Cultural Resources..............................................................................................................................27

6. Energy.................................................................................................................................................29

7. Geology and Soils...............................................................................................................................30

8. Greenhouse Gas Emissions ...............................................................................................................33

9. Hazards and Hazardous Materials ......................................................................................................35

10. Hydrology and Water Quality ..............................................................................................................38

11. Land Use and Planning.......................................................................................................................41

12. Mineral Resources ..............................................................................................................................42

13. Noise...................................................................................................................................................43

14. Population and Housing ......................................................................................................................45

15. Public Services....................................................................................................................................46

16. Recreation...........................................................................................................................................48

17. Transportation.....................................................................................................................................49

18. Tribal Cultural Resources....................................................................................................................51

19. Utilities and Service Systems..............................................................................................................53

20. Wildfire ................................................................................................................................................55

21. Mandatory Findings of Significance ....................................................................................................57 I. REPORT PREPARATION .............................................................................................................................59 177
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5 LIST OF FIGURES
FIGURE 1: PROJECT LOCATION AND EXISTING CONDITIONS .......................................................................................................11 FIGURE 2: GENERAL PLAN LAND USE DESIGNATION ................................................................................................................12 FIGURE 3: ZONING............................................................................................................................................................13 FIGURE 4: CONCEPTUAL SITE PLAN ......................................................................................................................................14 178
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6 A. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, as indicated by the checklist and corresponding discussion in this Initial Study.

Aesthetics Agriculture & Forestry Resources Air Quality Biological Resources Cultural Resources Energy
Geology & Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology & Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities & Service Systems Wildfire Mandatory Findings of Significance Determination
On the basis of this initial evaluation:

I find that the proposed Project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared.

I find that, although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponents. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed Project MAY have a significant effect on the environmental, and an ENVIRONMENTAL IMPACT REPORT (EIR) will be prepared.

I find that the proposed Project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environmental, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An EIR is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed Project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately analyzed in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed Project, nothing further is required.

Prepared By:
______________________________ ____________________
Lily Cha, MPA, AICP, Senior Planner Date
Planning & Development Services
City of Clovis
Approved By:
______________________________ ____________________
Renee Mathis, Director Date
Planning & Development Services
City of Clovis
10/2/2024 2024.10.02
16:26:44-07'00'
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7 B. PROJECT OVERVIEW
Legacy Realty and Development (applicant) proposes to amend the Tuscan Village Planned Commercial Center(PCC), thereby renaming the center to the Golden Triangle, updating the Master Plan District standards and guidelines, and updating the preliminary development plan. Should the Council approve this amendment, a final development plan will be processed in phases through the site plan review process at the discretion of the Planning and Development Services Director. The Golden Triangle makes up approximately 32.20 acres and is situated on the west side of Clovis Avenue between Magill and Sierra Avenues in the City of Clovis, California. The project shall be referred to throughout the document as “proposed Project” and/or “Project.” Details regarding the Project are described more within this document, beginning under Section E.

C. PROJECT LOCATION
As shown in Figure 1 below, the Project is located on the west side of Clovis Avenue between Magill and Sierra Avenues and is approximately 32.20 acres in area. The Project pertains to multiple parcels with Accessor’s Parcel Numbers (APNs): 491-030-18,20T,23,28,40,67,70T,71; 491-110- 02,24,25,29,30,35,39,42,43; 491-113-13,18,21T,29,33S.

D. EXISTING SETTING
This section describes the existing conditions, surrounding conditions, as well as the General Plan land use and zoning designations.

EXISTING CONDITIONS
As shown in Figure 1 below, the Project site has been partially developed under the Tuscan Center PCC. This includes existing developments and uses that predate the center. The existing developments consist of a hotel, several office and retail buildings, an auto dealership, and two currently occupied residences. One of the residences also has a vehicle storage operation associated with it. These residences and the vehicle storage operation predate the PCC allowance and may remain until redevelopment occurs. Recently, a site plan review (PL-SPR-24-00005) was approved for the development of a second hotel. The rest of the site remains undeveloped

SURROUNDING CONDITIONS
Table 1 refers to the surrounding land uses which includes a combination of residential, commercial, park, and freeway 168.

Table 1: Surrounding Land Uses
Land Use Designation Existing Zoning* Existing Land Use North General Commercial P-C-C Commercial Center
East General Commercial C-2 Commercial/ Retail
South Mixed Use Village R-1 / R-3 Single-Family Residences/ Park West Open Space/Medium Density
Residential
R-1 Trail / Single-Family Residence
*R-1 (Single-Family Residential), R-3 (Multifamily-High Density), P-C-C (Planned Commercial Center), C-2 (Community Commercial),

LAND USE DESIGNATION
As illustrated in Figure 2, the Project site currently has a General Plan Land Use designation of General Commercial. This designation allows for community or regional scale centers that can be anchored by large-format stores, as well as a variety of retail outlets, restaurants, and 180
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8 entertainment venues. Hotels and motels are also considered appropriate within this land use category.

ZONING DESIGNATION
As illustrated in Figure 3, the Project site is currently zoned PCC (Planned Commercial Center).

This zoning district applies to shopping facilities within a planned center, promoting innovative designs that create a superior environment compared to conventional commercial developments.

It permits all uses typically associated with commercial centers, provided they are part of an approved development plan. The PCC district does not require the specification of particular uses, except to differentiate categories of uses that have distinct parking requirements or special design considerations.

E. PROJECT DESCRIPTION
The proposed Project involves amending the development plan for an existing planned commercial center. This approximately 33-acre center is partially developed and classified as in-fill development. The updated plan aims to modify the overall site layout and establish planning areas with specific development standards and designated land uses. The original PCC approval planned for approximately 416,000 square feet of commercial and office development. Approximately 15 acres of the center has been developed. This amendment will result in a new total area of approximately 357,285 square feet of commercial and office space, of which approximately 84,032 square feet is existing. As previously mentioned, two residences, an associated vehicle storage facility, and an existing auto dealership are currently on site and will be removed when redevelopment occurs.

This section describes the components of the proposed Project in more detail, including site preparations, proposed structures, and on- and off- site improvements.

PROJECT ENTITLEMENTS
The Project involves a rezone amendment to modify the development plan for the existing planned commercial center. If approved, subsequent site plan reviews with the planning and development services department will ensure that the site's development aligns with the updated development plan.

PROJECT CONSTRUCTION AND PHASING
The Project is expected to be constructed incrementally, as each parcel has a different property owner with varying timelines. The first phase of development includes properties owned by a single individual and encompasses 133,963 square feet of buildings. This phase covers approximately 15 acres of centrally located properties within the center’s boundary. Development will begin with Building C, with construction anticipated to start as early as January 2025, followed shortly by the remaining sites within this phase. The other sites outside the first phase will require site plan review approval before construction can begin and will proceed as property owners express interest in development.

SITE PREPARATION
The Project involves amending the development plan for the entire center, with development occurring incrementally through the site plan review process. As development progresses, individual sites will need to be prepared, which includes removing some existing structures, vegetation, and trees, as well as grading the land. For the development of Building C, the developer will be responsible for undergrounding the existing canal (West Branch Clovis Ditch) adjacent to the Palo Alto alignment.
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9 PROJECT COMPONENTS
This section describes the overall components of the Project, such as the proposed buildings, landscape, vehicle and pedestrian circulation, and utilities.

DEMOLITION
The initial phase of development will require the demolition of some existing accessory structures.

The redevelopment of three specific sites in future phases will necessitate building demolition.

These structures include existing residences, outbuildings, and an auto dealership with a garage.

CONCEPTUAL SITE LAYOUT AND ELEVATIONS
This Project involves amending the development plan for an existing planned commercial center and developing a portion of the center. The updated overall site plan, shown in Figure 4, includes the previously approved existing buildings (4) on approximately 15 acres and 17 proposed buildings on the remaining approximately 18 acres. Associated site improvements include driveways illustrating circulation, parking, and landscaping.

The Project establishes general design and architectural guidelines for future development. The overarching theme is contemporary or modern architecture including the use of geometric forms, with materials such as glass, steel, concrete, and stone. Individual developments will be evaluated through the site plan review process by Planning staff to ensure consistency with the development plan and compatibility with the existing buildings.

SITE CIRCULATION AND PARKING
The Project will have multiple points of ingress and egress from both Clovis and Magil Avenues.

There will be four driveways along Clovis Avenue, including one gated driveway for a planned car dealership. Access from Magil Avenue will include two points, with an additional gated driveway for a dealership. The primary access to the site is via a centrally located major driveway on Clovis Avenue following the Palo Alto Avenue alignment. Three of the planned driveways currently exist and are in use by the existing developments. The site will also feature pedestrian walkways from Clovis Avenue, Magil Avenue, and the Clovis Rail Trail, ensuring pedestrian connectivity throughout the development.

While the development will primarily offer shared parking among the various buildings, parking has been allocated by land use to ensure adequate availability. The land uses considered for parking requirements include commercial, vehicle sales, vehicle repair, office, and hotel. Based on the building square footage and specific uses approximately 1,067 parking stalls are required. The development proposes 1,306 parking spaces, exceeding the minimum requirement. The four planned vehicle dealerships will provide separate inventory parking within gated areas that are not accessible to the public. Parking standards will be detailed in the development plan for the PCC.

LANDSCAPE
The Project will implement a comprehensive landscaping plan for the entire center, to be applied incrementally as development progresses. Each development phase will be responsible for providing necessary landscaping on-site and in the immediate vicinity. The landscaping will include trees, shrubs, ground cover, and associated irrigation and utilities along both the project perimeter and internally. As new developments are proposed, each site will undergo a site plan review process to ensure consistency with the approved landscaping plan. 182
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CITY OF CLOVIS
10 UTILITIES
The site will be equipped with utilities including water, sewer, electric, cable, gas, and stormwater infrastructure. Installing these utilities will require minor trenching and digging activities typical of development projects. All utility plans must be reviewed and approved by the appropriate agencies or departments to ensure compliance with relevant codes and regulations. Additionally, new fire hydrants will be installed as required by the City of Clovis Fire Department.

Utilities will be provided and managed by a combination of agencies. The Fresno Irrigation District (FID) supplies the city's water, which is then distributed to customers by the City of Clovis. The Fresno Metropolitan Flood Control District (FMFCD) is responsible for stormwater management.

The City's public utilities department handles solid waste collection and sewer services. Pacific Gas & Electric (PG&E) provides electricity and natural gas within the City of Clovis.

F. REQUIRED PROJECT APPROVALS
The City of Clovis requires the following review, permits, and/or approvals for the proposed Project; however, other approvals not listed below may be required as identified throughout the entitlement process:
• Rezone
• Site Plan Review
• Grading Permit
• Building Permit
• Sign Permit
• San Joaquin Air Pollution Control District
• Fresno Metropolitan Flood Control District
• Fresno Irrigation District
G. TECHNICAL STUDIES
The analysis of the Project throughout this Initial Study relied in part on the technical studies listed below prepared for the Project, as well as other sources, including, but not limited to, the 2014 Clovis General Plan EIR, departmental staff, California Department of Conservation, and the California Department of Toxic Control Substances.
• Appendix A: Air Quality and Greenhouse Gas Analysis Memorandum dated May 2024 • Appendix B: Biological Resources Assessment dated February 2024 • Appendix C: Cultural Resources Report dated October 2023 • Appendix D: Noise Memorandum dated May 2024
• Appendix E: Vehicle Miles Traveled Analysis dated May 2024 183
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11 Figure 1: Project Location and Existing Conditions
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12 Figure 2: General Plan Land Use Designations
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13 Figure 3: Zoning
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14 Figure 4: Conceptual Site Plan
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15 H. ENVIRONMENTAL CHECKLIST
This section provides an evaluation of the potential environmental impacts of the proposed project and are based on CEQA Guidelines Appendix G. For each issue area, one of four conclusions is made:
• No Impact: No project-related impact to the environment would occur with project development. • Less Than Significant Impact: The proposed project would not result in a substantial and adverse change in the environment. This impact level does not require mitigation measures. • Less Than Significant with Mitigation Incorporated: The proposed project would result in an environmental impact or effect that is potentially significant, but the incorporation of mitigation measure(s) would reduce the project-related impact to a less than significant level. • Potentially Significant Impact: The proposed project would result in an environmental impact or effect that is potentially significant, and no mitigation can be identified that would reduce the impact to a less than significant level.

1. AESTHETICS
Except as provided in Public
Resources Code Section 21099, would
the project:

Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Have a substantial effect on a scenic
vista? X
b. Substantially damage scenic
resources, including, but not limited to,
trees, rock outcroppings, and historic
buildings within a state scenic
highway?
X
c. Substantially degrade the existing
visual character or quality of public
views of the site and its surroundings?
(Public views are those that are
experienced from publicly accessible
vantage point). If the project is in an
urbanized area, would the project
conflict with applicable zoning and
other regulations governing scenic
quality?
X
d. Create a new source of substantial
light or glare that would adversely
affect day or nighttime views in the
area?
X

ENVIRONMENTAL SETTING
The City of Clovis is located within the San Joaquin Valley. Thus, much of the City and its surrounding areas are predominately flat. As a result, on clear days, the Sierra Nevada Mountains are visible to the east depending on your location. Aside from Sierra Nevada, there are no officially designated focal points or viewsheds within the City. However, Policy 2.3, Visual Resources, of the Open Space Element of the 188
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16 2014 Clovis General Plan, requires maintaining public views of open spaces, parks, and natural features and to preserve Clovis’ viewshed of the surrounding foothills.

The Project site is centrally located in urbanized Clovis, specifically at the northwest corner of Clovis and Sierra Avenues. It is surrounded by existing development, including freeway 168 and the Clovis Old Town Trail to the west, residential areas to the south and west, and commercial developments to the north and east. Additionally, there is a park located to the south of the site, across Sierra Avenue. The area features a mix of development types and uses, along with typical infrastructure such as a trail, a freeway, roadways, streetlights, parking lot lights, and ambient light sources. The development is an extension of the highly commercial Herndon Avenue corridor.

DISCUSSION
Would the project have a substantial effect on a scenic vista? Less-Than-Significant Impact. As mentioned, there are no officially designated scenic vistas or focal points in the City of Clovis. While the Sierra Nevada Mountains are visible on clear days, the Project will adhere to the proposed PCC zone district standards, which permit structures up to 35 feet in height and up to 72 feet for hotels in Planning Area 4. General Plan Policy 2.3 mandates the preservation of public views of open spaces, parks, and natural features. The Clovis Old Town Trail runs adjacent to the western properties of the site, and Treasure Ingmire Park is located to the south, across Sierra Avenue. The Project enhances its proximity to the trail by providing connectivity from the trail to the site. Furthermore, the Project proposes uses that will benefit from facing the trail, such as restaurants with outdoor dining and a brewery with open space adjacent to the trail. The park will not be impacted by the Project due to the buffer provided by Sierra Avenue. The Project will be constructed at a maximum height consistent with the proposed PCC Zone District, ensuring a less-than-significant impact on scenic vistas.

Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? No Impact. As stated in the 2014 Clovis General Plan EIR, there are no Caltrans-designated scenic highways within the City of Clovis.1 Further, there are no existing historical structures or rock outcroppings located on or within the immediate vicinity of the site, therefore, the Project would result in no impact with regards to substantially damaging scenic resources within a State scenic highway.

Would the project substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Less-Than-Significant Impact. The Project is situated in an urbanized area featuring a mix of land uses, including commercial, residential, and park areas. Consequently, the urban landscape comprises various structures with differing heights, designs, and characters. The Project plans to develop commercial and office buildings, including a total of 17 buildings. These buildings will align with the surrounding commercial structures and will not detract from the existing visual character or quality of public views of the site and its surroundings. Moreover, as previously mentioned, there are no officially designated scenic areas in the City, nor are there any specifically at or around the site itself. 1 2014 Clovis General Plan EIR, Page 5.1-1.
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17 Additionally, the Project structures will comply with the height limits permitted under the proposed PCC Zone District, aligning with typical commercial development height requirements. Therefore, the Project will maintain the scale and character of the area, ensuring that it does not significantly degrade the existing visual character. As a result, the impact on the visual character of the site and its surroundings will be less-than-significant.

Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area?
Less-Than-Significant Impact With Mitigation.

The Project will introduce new sources of light and glare to the area, typical of commercial developments.

These include parking lot security lights, exterior building lighting, vehicle lights, and interior building lights during nighttime hours. These light sources are not usually associated with significant environmental impacts. Additionally, the site is already surrounded by commercial developments, street and trail lighting, and vehicle lights from street traffic.

Despite the introduction of new light and glare sources, the site plan review process will ensure that lighting design and placement minimize potential impacts on surrounding properties. Moreover, adherence to Mitigation Measure AES-1 will ensure that light and glare impacts remain less-thansignificant with mitigation.

Mitigation Measure 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.

2. AGRICULTURE AND FORESTRY RESOURCES
Would the project:

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on
the maps prepared pursuant to the
Farmland Mapping and Monitoring
Program of the California Resources
Agency, to non-agricultural use.

X
b. Conflict with existing zoning for
agricultural use, or a Williamson Act
contract?
X
c. Conflict with existing zoning for, or
cause rezoning of, forest land (as
defined in Public Resources Code
section 12220 (g)) or timberland (as
defined in Public Resources Code
section 4526)?
X
d. Result in the loss of forest land or
conversion of forest land to nonforest use?X
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18 e. Involve other changes in the existing
environment which, due to their
location or nature, could result in
conversion of Farmland to nonagricultural use or conversion of forest land to non-forest use?
X

ENVIRONMENTAL SETTING
The Project site is centrally located in urbanized Clovis, specifically at the northwest corner of Clovis and Sierra Avenues. It is surrounded by a mix of existing developments and does not include any agricultural lands.

DISCUSSION
Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact. The project site is not Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland). The site is designated as Urban and Built-up Land by the Department of Conservation. 2Project site partially developed with commercial uses and surrounded by commercial and residential urban uses. The Project will provide a cohesive plan for the remaining development of the commercial center.

Would the project conflict with existing zoning for agricultural use, or a Williamson Act Contract? No Impact. As shown in Figure 5.2-2 of the Agricultural Resources Chapter of the 2014 Clovis General Plan EIR, the Project site is not under a Williamson Act Contract. Further, the site is not currently zoned or designated for agricultural use. As a result, the Project would have no impact with regards to conflicting with existing zoning for agricultural use or a Williamson Act Contract.

Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220 (g)) or timberland (as defined in Public Resources Code section 4526)?
No Impact. The Project site does not contain forest land. Further, the site is not zoned for forestry or other forestry related uses. As a result, no impact would occur with regards to conflicts with existing zoning for, or cause rezoning of, forest land.

Would the project result in the loss of forest land or conversion of forest land to non-forest use? No Impact. See discussion under Section 2c.

Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use?
No Impact. See discussion under Section 2a.
2 Department of Conservation - https://maps.conservation.ca.gov/DLRP/CIFF/, August 2024. 191
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19 3. AIR QUALITY
Would the project:

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Conflict with or obstruct
implementation of the applicable air
quality plan?
X
b. Result in a cumulatively
considerable net increase of any
criteria pollutant for which the
project region is non-attainment
under an applicable federal or state
ambient air quality standard?
X
c. Expose sensitive receptors to
substantial pollutant
concentrations?
X
d. Result in other emissions (such as
those leading to odors) adversely
affecting a substantial number of
people?
X

ENVIRONMENTAL SETTING
An Air Quality and Greenhouse Gas Analysis Memorandum (AQ/GHG Memo) was prepared by Acorn Environmental (Acorn) on May 15, 2024 (see Appendix A). Information in this AQ/GHG Memo is used for the analysis included in both the Air Quality and Greenhouse Gas Emissions section of this Initial Study.

San Joaquin Valley Air Basin
The City of Clovis (City) is in the central portion of the San Joaquin Valley Air Basin (SJVAB). SJVAB consists of eight counties: Fresno, Kern (western and central), Kings, Tulare, Madera, Merced, San Joaquin, and Stanislaus. The SJVAB is approximately 25,000 square miles. It is bordered by the Sierra Nevada in the east, the Coast Ranges in the west, and the Tehachapi mountains in the south. The valley is topographically flat with a slight downward gradient to the northwest. The valley opens to the sea at the Carquinez Straits where the San Joaquin-Sacramento Delta empties into San Francisco Bay.

Topography
The topography of a region is important for air quality because mountains can block airflow that would help disperse pollutants and can channel air from upwind areas that transports pollutants to downwind areas. The San Joaquin Valley Air Pollution Control District (SJVAPCD) covers the entirety of the SJVAB.

The SJVAB is generally shaped like a bowl. It is open in the north and is surrounded by mountain ranges on all other sides. The Sierra Nevada mountains are along the eastern boundary (8,000 to 14,000 feet in elevation), the Coast Ranges are along the western boundary (3,000 feet in elevation), and the Tehachapi Mountains are along the southern boundary (6,000 to 8,000 feet in elevation).

Climate
The SJVAB is in a Mediterranean climate zone and is influenced by a subtropical high-pressure cell most of the year. Mediterranean climates are characterized by sparse rainfall, which occurs mainly in winter.

Summers are hot and dry. Summertime maximum temperatures often exceed 100°F in the valley. 192
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20 The subtropical high-pressure cell is strongest during spring, summer, and fall and produces subsiding air, which can result in temperature inversions in the valley. A temperature inversion can act like a lid, inhibiting vertical mixing of the air mass at the surface.

Any emissions of pollutants can be trapped below the inversion. Most of the surrounding mountains are above the normal height of summer inversions (1,500–3,000 feet).

Winter-time high pressure events can often last many weeks, with surface temperatures often lowering into the 30°F. During these events, fog can be present, and inversions are extremely strong. These wintertime inversions can inhibit vertical mixing of pollutants to a few hundred feet.

Ambient Air Quality Standards
The Clean Air Act (CAA) was passed in 1963 by the US Congress and has been amended several times.

The 1970 CAA amendments strengthened previous legislation and laid the foundation for the regulatory scheme of the 1970s and 1980s. In 1977, Congress again added several provisions, including nonattainment requirements for areas not meeting National Air Quality Standards (AAQS) and the Prevention of Significant Deterioration program. The 1990 amendments represent the latest in a series of federal efforts to regulate the protection of air quality in the United States. The CAA allows states to adopt more stringent standards or to include other pollution species. The California Clean Air Act, signed into law in 1988, requires all areas of the state to achieve and maintain the California AAQS by the earliest practical date. The California AAQS tend to be more restrictive than the National AAQS, based on even greater health and welfare concerns.

These National and California AAQS are the levels of air quality considered to provide a margin of safety in the protection of the public health and welfare. They are designed to protect “sensitive receptors,” those most susceptible to further respiratory distress, such as asthmatics, the elderly, very young children, people already weakened by other disease or illness, and persons engaged in strenuous work or exercise. Healthy adults can tolerate occasional exposure to air pollutant concentrations considerably above these minimum standards before adverse effects are observed.

Both California and the federal government have established health based AAQS for six air pollutants.

As shown in Table 3, Ambient Air Quality Standards for Criteria Pollutants, these pollutants are carbon monoxide (CO), ozone (O3), nitrogen dioxide (NO2), sulfur dioxide (SO2), lead (Pb), and suspended particulate matter (PM2.5 and PM10). In addition, the state has set standards for sulfates and hydrogen sulfide. These standards are designed to protect the health and welfare of the populace with a reasonable margin of safety.

In addition to the criteria pollutants, toxic air contaminants (TACs) are another group of pollutants of concern. TACs are injurious in small quantities and are regulated despite the absence of criteria documents. The identification, regulation and monitoring of TACs is relatively recent compared to that for criteria pollutants. Unlike criteria pollutants, TACs are regulated based on risk rather than specification of safe levels of contamination.

Attainment Status
The air quality management plans prepared by SJVAPCD provide the framework for SJVAB to achieve attainment of the state and federal AAQS through the State Implementation Plan. Areas are classified as attainment or nonattainment areas for pollutants, depending on whether they meet the ambient air quality standards. Nonattainment areas are imposed with additional restrictions as required by the United States Environmental Protection Agency. There are different classifications for attainment and the severity classifications for ozone nonattainment range in magnitude from marginal, moderate, and serious to 193
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21 severe and extreme. These classifications are used as a foundation to create air quality management strategies to improve air quality and comply with the National AAQS.

Table 2: Air Quality Attainment Status for Fresno County Pollutant State Federal
Ozone (1-hour) Sever/Nonattainment Standard Revoked
Ozone (8-hour) Nonattainment Extreme Nonattainment
PM10 Nonattainment Attainment (Maintenance)
PM2.5 Nonattainment Nonattainment
Carbon Monoxide Attainment Attainment (Maintenance)
Nitrogen Dioxide Attainment Unclassified/Attainment
Lead Attainment Unclassified/Attainment
Sulfur Dioxide Attainment Unclassified
Sulfates Attainment No Federal Regulation
Hydrogen Sulfide Unclassified No Federal Regulation

DISCUSSION
Would the project conflict with or obstruct implementation of the applicable air quality plan? Less-Than-Significant Impact With Mitigation. Although the CEQA Guidelines indicate that a significant impact would occur if the Project were to conflict with or obstruct implementation of the applicable air quality plan, the SJVAPCDs 2015 Guide for Assessing and Mitigating Air Quality Impacts does not provide specific guidance on analyzing conformity with the plan. Thus, for purposes of analyzing this potential impact, the AQ/GHG Memo considered impacts based on: (1) whether the Project will result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations, or delay timely attainment of air quality standards; and (2) whether the Project will comply with applicable control measures in the air quality plan, primarily compliance with Regulation VIII – Fugitive PM10 Prohibitions and Rule 9510 – Indirect Source Review.

In general, regional air quality impacts and attainment of standards are the result of the cumulative impacts of all emission sources within the air basin. Thus, individual projects are generally not large enough to contribute measurably to an existing violation or air quality standards alone. Therefore, in order to analyze this threshold, and because of the region’s existing nonattainment status for several pollutants, the Project would be considered to cause significant impacts if it were to generate emissions that would exceed the SJVAPCD’s significance thresholds. The District’s annual emission significance thresholds are as follows:
• 100 tons per year CO
• 10 tons per year NOx
• 10 tons per year ROG
• 27 tons per year Sox
• 15 tons per year PM10
• 15 tons per year PM2.5
Based on the AQ/GHG Memo, the Project would not exceed these thresholds from construction and operation of the Project (As Shown in Table 4).
3 Further, any impacts related to the construction activities 3 Air Quality and Greenhouse Gas Assessment, Acorn Environmental, May 15, 2024. 194
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22 of the Project, such as dust control, would be regulated through the SJVAPCD, which require measures such as frequent watering of the site during construction to minimize dust.

Table 4: CO, NOx, ROG, PM10, PM2.5 Thresholds, Maximum
Emission Source (Tons Per Year) CO NOx ROG PM10 PM2.5
Construction Emissions 1.99 1.47 0.49 0.18 0.11
Operational Emissions 29.2 4.51 6.44 5.29 1.40
Total Emissions 31.19 5.98 6.93 5.47 1.51
Significance Threshold 100 10 10 15 15
Exceed threshold – significant impact? No No No No No
Notes:

CO = carbon monoxide
ROG = reactive organic gases
NOx = nitrous oxides
PM10 = particulate matter less than 10 microns in size
PM2.5 = particulate matter less than 2.5 microns in size The Project exceeds the minimum threshold and therefore is subject to the SJVAPCD rule 9510 (Indirect Source Review). The SJVAPCD recently approved an Air Impact Assessment (AIA) for the Project and provided a statement of tentative rule compliance. The Project will be subject to other air quality regulations, including Regulation VIII (Fugitive PM10 Prohibitions), which requires a Construction Notification Form or approval of a Dust Control Plan prior to construction.

Consequently, compliance with SJVAPCD regulations would ensure that a less-than-significant impact with mitigation occurs.

Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
Less-Than-Significant Impact. See discussion under Section 3a above.

Would the project expose sensitive receptors to substantial pollutant concentrations? Less-Than-Significant Impact With Mitigation. Sensitive receptors are generally considered to include children, the elderly, and persons with pre-existing respiratory and cardiovascular illness. The SJVAPCD considers a sensitive receptor a location that houses or attracts children, the elderly, or people with illnesses. Examples of these receptors are hospitals, residences, schools and school facilities, and convalescent facilities. The nearest sensitive receptors to the Project site are residential neighborhoods including single- and multi-family residential units southwest (50 feet) from the study area. A park is located to the south of the Project and a trail adjacent to the west.

Due to compliance with SJVAPCD’s Best Practices for construction-related Exhaust Emissions and the limited extent and duration of diesel equipment use on the project site, potential health risk impacts would be negligible, and a detailed health risk assessment is not warranted. The Project would not exceed emission thresholds that would result in a significant impact4 based on compliance with SJVAPCD regulations and standards for construction and operation of this type of development. 4 Air Quality and Greenhouse Gas Assessment, Acorn Environmental, May 15, 2024 195
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23 Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Less-Than-Significant Impact. Generally, sources considered to emit odors are associated with wastewater treatment facilities, sanitary landfills, petroleum refineries, chemical manufacturing, and other industrial/manufacturing related uses. The Project is commercial development and thus, is unlikely to produce odors that would be considered to adversely affect a substantial number of people. Further, there are no major odor-generating sources within screening distance of the site. Although some odors would be emitted through the construction of the Project, such as diesel fuel and exhaust from construction equipment, these odors would be temporary in nature and last only during construction activities. Overall, a less-than-significant impact would occur.

4. BIOLOGICAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local or
regional plans, policies or regulations, or by
the California Department of Fish and Game
or U.S. Fish and Wildlife Service?
X
b. Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional plans,
policies, or regulations or by the California
Department of Fish and Game or US Fish and
Wildlife Service?
X
c. Have a substantial adverse effect on state or
federally protected wetlands (including, but
not limited to, marsh, vernal pool, coastal,
etc.) through direct removal, filling,
hydrological interruption, or other means?
X
d. Interfere substantially with the movement of
any native resident or migratory fish or wildlife
species or with established native resident or
migratory wildlife corridors, or impede the use
of native wildlife nursery sites?
X
e. Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
X
f. Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
X
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24 ENVIRONMENTAL SETTING
A Biological Resources Assessment (BRA) was prepared by Acorn Environmental in February 2024 (see Appendix B). This BRA included a literature review and records search to identify the existence and potential for occurrence of sensitive or special-status plant and animal species in the project vicinity. The study area is limited to the proposed commercial development area within the larger PCC. The study area is relatively flat, with an on-site elevation of approximately 350 feet above mean sea level. The West Branch Clovis Ditch bisects the study area, and a stormwater detention basin occurs in the southwestern portion of the study area.

DISCUSSION
Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
Less-Than-Significant Impact With Mitigation. As described in the BRA, the study area is located in an urban infill location within Clovis. It includes both developed and undeveloped areas. The undeveloped portion of the study area has no major vegetation and is bisected by the West Branch Clovis Ditch. This area is classified as ruderal habitat, which includes areas that are subject to ongoing or regular disturbance and are modified from their natural state and not considered critical habitat. Although no listed or special-status species were observed within the study area, there is marginal habitat for two special-status species that have a low potential to occur within the study area, including the Burrowing owl and the Swainson’s hawk. Additionally, mature trees on the site could provide suitable nesting habitat for tree-nesting species. Impacts to nesting birds during construction is considered a potentially significant impact. Implementation of mitigation measure BIO-1, BIO-2, and BIO-3 would ensure that a less-than-significant impact with mitigation occurs.

Mitigation Measure BIO-1: Worker Training: Prior to construction, personnel shall complete worker environmental awareness training. The training shall present information on burrowing owls and notification procedures and shall direct workers to halt work and allow individual burrowing owls to move off-site of their own accord. Construction personnel shall provide signatures confirming completion of the training, and copies of the training shall be maintained and made available to applicable agencies upon request.

Mitigation Measure BIO-2: Burrowing Owl: A pre-construction survey shall be conducted by a qualified biologist no more than 14 days prior to construction activities. The preconstruction survey shall be conducted in accordance with the “Take Avoidance Surveys” described in California Department of Fish and Wildlife’s (CDFW) Staff Report on Burrowing Owl Mitigation (CDFW, 2012). If burrowing owls or sign of burrowing owls is not observed, results shall be documented, and no further action is necessary.

Should burrowing owl burrows be observed, CDFW shall be consulted to determine necessary avoidance or exclusion methods. Mitigation shall follow CDFW recommended measures in CDFW’s Staff Report on Burrowing Owl Mitigation (CDFW, 2012), and shall follow the below steps:
• If the burrows can be avoided, a qualified biologist shall demarcate a no-disturbance buffer around the burrows using high visibility fencing or pin flagging. The size of the buffer shall be established with CDFW and shall remain in place until construction is completed. Buffer 197
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25 size for burrowing owl, as detailed in CDFW’s staff report, range from 50 meters to 500 meters depending on the level of disturbance and timing of disturbance. • Should full avoidance be infeasible, CDFW shall be consulted to identify appropriate exclusion methods to be implemented prior to removal of the burrows. Consistent with the CDFW Staff Report, exclusion would not occur until a Burrowing Owl Exclusion Plan is approved by CDFW.
• In order to mitigate for loss of burrows that are excluded, the Burrowing Owl Exclusion Plan shall identify one of the following mitigation options, or a combination thereof, as outlined in the CDFW Staff Report “Mitigating Impacts” section:
o Creation of artificial burrows commensurate to the number of burrows excluded; o Permanent conservation of like habitat, such as conservation easement; o Purchase of conservation bank credits; and/or
o An alternative mitigation strategy, as developed with and approved by CDFW.

Mitigation Measure BIO-3: Nesting Birds: If construction activities would occur during the nesting season (February 1 through August 31), a pre-construction survey for the presence of nesting bird species shall be conducted by a qualified biologist on and within 500 feet of proposed construction areas, as accessible. The survey shall occur within five days of the commencement of construction activities. If active nests are identified in these areas, one of the following should occur:
• A qualified biologist shall establish a disturbance-free buffer zone using high-visibility fencing or flagging. The size of the buffer shall be determined by the qualified biologist based on the needs of the species. The buffer shall remain in place until either (1) construction activities are completed, (2) the conclusion of the nesting season, or (3) the qualified biologist determines that the young have fledged and are no longer dependent on the nest, or the nest has failed. If construction activities are halted for a period of more than 14 days, an additional preconstruction nesting bird survey shall be conducted.

Or
• Commencement of construction activities shall be postponed until after the nesting season, or until after a qualified biologist has determined the young have fledged and are independent of the nest site or the nest has failed.

Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? Less-Than-Significant Impact. No riparian habitat or other sensitive natural communities have been identified within the project site. The perimeter of the study area and parking lots are landscaped with ornamental vegetation. The site is comprised of a combination developed areas and undeveloped ruderal areas that are kept in a ruderal state through ongoing disturbance such as disking. These habitat types are highly modified from natural conditions and subject to ongoing disturbance. These habitats offer little value to plants and wildlife species and are not considered sensitive. Therefore, the Project would not 198
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26 result in a substantial adverse effect with respect to this threshold, and a less-than-significant impact would occur.

Would the project have a substantial adverse effect on state or federally protected wetlands as (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
Less-Than-Significant Impact. Surface water resources within the Project area that have the potential to be impacted by the proposed Project include a freshwater marsh within a stormwater detention basin, and the West Branch Clovis Ditch. Both features are man-made, isolated, and do not offer suitable habitat to support special-status species. Additionally, these features are non-jurisdictional. The marsh does not meet the definition of a water of the U.S. as confirmed by the Central Valley Regional Water Quality Control Board. CDFW was provided with supporting documents confirming that the ditch was an isolated, man-made feature dug from uplands. Therefore, impacts to these features would not be significant and mitigation would not be required.

Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
No Impact. The Biological Resources Assessment did not identify the site as a regional or local wildlife movement corridors.5 Further, wildlife corridors typically serve as areas that wildlife traverse in order to migrate from one habitat to another and because the site is infill and surrounded by urban development, the site is unlikely to serve as any sort of wildlife corridor. Thus, no impact would occur.

Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
Less-Than-Significant Impact. The Clovis Development Code includes tree protection standards for the removal of trees. Compliance with tree protection standards will require approval of a tree removal permit for protected trees. The project will be required to comply with the tree protection ordinance; therefore, the impact would be less-than-significant.

Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
No Impact. The City and Fresno County currently do not have a regional Natural Community Conservation Plan or a Habitat Conservation Plan. The Project site is subject to relevant biological resource policies of the 2014 General Plan. Therefore, there are no impacts to conservation plans.

Overall, no impact would occur.
5 Biological Resources Memo prepared by Acorn Environmental, February 2024, page 19. 199
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27 5. CULTURAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Cause a substantial adverse
change in the significance of a
historical resource pursuant to
§15064.5?
X
b. Cause a substantial adverse
change in the significance of
an archaeological resource
pursuant to §15064.5?
X
c. Disturb any human remains,
including those interred
outside of formal cemeteries?
X

ENVIRONMENTAL SETTING
The Project site is partially developed and disturbed through regular disking. The 37-acre site has existing commercial development, two existing homes, and undeveloped areas. The West Branch Clovis Ditch traverses through the site. Acorn Environmental conducted a Cultural Resources Inventory and Evaluation on October 24, 2023 (Appendix C). The evaluation was conducted using records search, review of published and gray literature, examining historic maps, contacting the California Native American Heritage Commission (NAHC), outreach to local Native American tribal representatives, examining historic documents held at regional repositories, and a field survey. Based on the evaluation, no historic properties or historical resources are present within the study area and there is a very low potential for buried archaeological deposits to be present.

DISCUSSION
Would the project cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5?
Less-Than-Significant Impact With Mitigation. As mentioned, the Project site is partially developed with commercial uses, has two existing residential homes, and is split by the West Branch Clovis Ditch.

A cultural resource records search was conducted within a quarter mile of the Project. The search indicated that the subject property had six previous cultural resources study that included a portion of the site. However, the evaluation concluded that based on the results of the records search findings and lack of archeological resources previously identified within a quarter mile radius of the Project, the potential to encounter subsurface cultural resources is minimal.6 Further, compliance with Policy 2.9 of the Open Space and Conservation Element of the General Plan, which calls for the preservation of historical sites and buildings of state or national significance, would ensure that if there were historical resources present, they would be protected. Because there is the slight possibility for the accidental or inadvertent uncovering of archaeological resources during construction, Mitigation Measure CULT-1 would serve to reduce those potential impacts by requiring any work to stop until any found artifacts can be properly removed and inventoried by a qualified 6 Cultural Resources Inventory and Evaluation by Acorn Environmental, October 24, 2023, page 43. 200
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28 archaeologist. Therefore, regarding the Project causing a substantial adverse change in the significance of a historical resource the Project would result in a less-than-significant impact with mitigation.

Mitigation Measure CULT-1: If prehistoric or historic-era 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 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 fireaffected 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.

Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?
Less-Than-Significant Impact With Mitigation. The site is partially developed with commercial uses and two residential homes. Undeveloped portions of the site are regularly maintained with disking.

Nevertheless, the potential remains that archeological resources could be inadvertently or accidentally uncovered during ground-disturbing activities such as trenching, digging, and the installation of utilities and other infrastructure.

Because there is the slight possibility for the accidental or inadvertent uncovering of archaeological resources during construction, Mitigation Measure CULT-1 would serve to reduce those potential impacts by requiring any work to stop until any found artifacts can be properly removed and inventoried by a qualified archaeologist. Therefore, the Project would result in a less-than-significant impact with mitigation.

Would the project disturb any human remains, including those interred outside of formal cemeteries?
Less-Than-Significant Impact With Mitigation. The Project site is partially developed and surrounded by existing commercial and residential development. Undeveloped portions of the site has been disturbed through regular maintenance by disking. Nevertheless, the potential remains that human remains could be inadvertently or accidentally uncovered during ground-disturbing activities such as trenching, digging, and the installation of utilities and other infrastructure.

Because there is the slight possibility for the accidental or inadvertent uncovering of human remains during construction, Mitigation Measure CULT-2 would serve to reduce those potential impacts by 201
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29 requiring any work to stop until any found human remains can be properly removed by the County coroner and/or tribes. Therefore, the Project would result in a less-than-significant impact with mitigation.

Mitigation Measure 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(c) 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.

6. ENERGY
Would the project:

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Result in a potentially significant
environmental impact due to
wasteful, inefficient, or
unnecessary consumption of
energy resources, during project
construction or operation?
X
b. Conflict with or obstruct a state or
local plan for renewable energy or
energy efficiency?
X

ENVIRONMENTAL SETTING
The Project site is an infill site and is surrounded by existing commercial and residential development.

DISCUSSION
Would the project result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
Less-Than-Significant Impact. The Project proposes the construction of the remainder of the commercial center. Construction of such structures would require site preparation, grading, paving, architectural coating, and trenching. Construction would consist of typical activities for construction projects and therefore would not require use of new resources. While such activities would consume petroleum-based fuels, such consumption would be temporary and conclude upon completion of construction. The proposed Project in operation would be served by PG&E and would not require extensions of energy infrastructure or new energy supplies. As previously mentioned, the Project is located on an infill site surrounded by existing urban uses. Sources of operational energy consumption would include natural gas and/or electricity for space and water heating and transportation fuels (i.e., gasoline and diesel) for vehicle trips. Further, the commercial use would be subject to compliance with the latest energy efficiency standards in effect at the time of development and operation. This would include compliance with Title 24 Green Building Standards for energy efficiency, as well as be required 202
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30 to comply with the latest water efficient landscape policy regulations. Further, the Project would be required to comply with Clovis General Plan Policies 3.4 and 3.7 of the Open Space and Conservation, which call for the use of water conserving and drought tolerant landscape, as well as energy efficient buildings. Conformance to these standards would be reviewed during the City’s site plan review Review process and during review of building plans.

Consequently, compliance with these policies would ensure that the Project does not result in a significant impact due to the unnecessary consumption of energy and less-than-significant impact would occur.

Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
Less-Than-Significant Impact. See discussion under Section 6a above.

7. GEOLOGY AND SOILS
Would the project:

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Directly or indirectly cause potential
substantial adverse effects,
including the risk of loss, injury, or
death involving:
i. Rupture of a known earthquake
fault, as delineated on the most
recent Alquist-Priolo
Earthquake Fault Zoning Map
issued by the State Geologist
for the area or based on other
substantial evidence of a
known fault?
X
ii. Strong seismic ground
shaking? X
iii. Seismic-related ground failure,
including liquefaction? X
iv. Landslides? X
b. Result in substantial soil erosion or
the loss of topsoil? X
c. Be located on a geologic unit or soil
that is unstable, or that would
become unstable as a result of the
project, and potentially result in onor off-site landslide, lateral spreading, subsidence, liquefaction
or collapse?
X
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31 d. Be located on expansive soil, as
defined in Table 18-1-B of the
Uniform Building Code (1994),
creating substantial direct or indirect
risks to life or property?
X
e. Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste disposal systems
where sewers are not available for
the disposal of wastewater?
X
f. Directly or indirectly destroy a unique
paleontological resource or unique
geologic feature?
X

ENVIRONMENTAL SETTING
The 2014 Clovis General Plan EIR identified no geologic hazards or unstable soil conditions known to exist on the Project site. Although Figure 5.6-2 of the Geology and Soils Chapter of the General Plan EIR does show a fault, the fault is located several miles east of the Project site.

DISCUSSION
Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault?; ii) Strong seismic ground shaking?; iii) Seismic-related ground failure, including liquefaction?; iv) Landslides? Less-Than-Significant Impact. Although the Project site does not have any known faults on the site, the potential remains that seismic ground-shaking could occur from the fault located east of the Project.

However, adherence to the most current California Building Codes would ensure that the structures are constructed safely and in compliance with the appropriate building codes. With regards to liquefaction, the 2014 General Plan EIR states that the soil types in the area are not considered conducive to liquefaction due to their high clay content or from being too coarse.7 Further, the site is generally flat and therefore landslides would not occur at the Project site. Overall, due to the location away from a known fault, adherence to the most recent California Building Codes, and the flat topography, a less-thansignificant impact would occur with regards to potential impacts from seismic activity.

Would the project result in substantial soil erosion or the loss of topsoil? Less-Than-Significant Impact. The topography of the Project site is relatively flat with little to no slope.

Development of the site would require grading and construction activities to ensure a flat and graded surface prior to construction. Such activities may result in the soil erosion and loss of topsoil. Such impacts would be addressed by applicable regulations set forth by the Regional Water Quality Control Board including preparation of a Stormwater Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer per the General Construction Permit requirements of the National Pollutant Discharge Elimination System. The SWPPP incorporates Best Management Practices for erosion and sediment controls and soil stabilization. Further, as part of the Project, grading plans are required to be submitted 7 2014 Clovis General Plan EIR, Chapter 5: Geology and Soils, page 5.6-3. 204
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32 and approved by the Engineering Division to ensure appropriate grading of the site. Thus, these reviews and approval processes would ensure that a less-than-significant impact occur.

Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
Less-Than-Significant Impact. See discussion under Section 7a.

Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating direct or indirect substantial risks to life or property? No Impact. According to the 2014 Clovis General Plan EIR, expansive soils are mostly present in areas along the northern edge of the non-Sphere of Influence (SOI) and the easternmost part of the Clovis nonSOI plan area. Because the Project is not within the vicinity of these areas, there would be no potential for creating direct or indirect substantial risks to life or property with regards to expansive soils. As a result, no impact would occur.

Would the project have soils incapable of adequately supporting the use of septic tanks or alternative waste disposal systems where sewers are not available for the disposal of wastewater?
No Impact. The Project does not propose the use of septic tanks; therefore, no impact would occur.

Would the project directly or indirectly destroy a unique paleontological resource or unique geologic feature?
Less-Than-Significant Impact With Mitigation. The Project site has been previously disturbed, as well as the immediately surrounding areas with no known occurrences of the discovery of paleontological resources. In addition, the Biological Resource Memo concluded that the potential for uncovering of subsurface deposits is unlikely. Nevertheless, the possibility remains that the inadvertent or accidental discovery could occur during ground disturbing construction activities. However, Mitigation Measure GEO-1, below, would serve to protect the accidental discovery of paleontological resources. As such, a less-than-significant with mitigation impact would occur.

Mitigation Measure 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 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 205
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33 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.

8. GREENHOUSE GAS EMISSIONS
Would the project:

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Generate greenhouse gas
emissions, either directly or
indirectly, that may have a
significant impact on the
environment?
X
b. Conflict with any applicable
plan, policy or regulation of an
agency adopted for the purpose
of reducing the emissions of
greenhouse gases?
X

ENVIRONMENTAL SETTING
Gases that trap heat in the atmosphere are referred to as greenhouse gases (GHGs) because they capture heat radiated from the sun as it is reflected into the atmosphere. The accumulation of GHG’s has been implicated as a driving force for global climate change. Definitions of climate change vary between and across regulatory authorities and the scientific community, but in general can be described as the changing of the earth’s climate caused by natural fluctuations and anthropogenic activities which alter the composition of the global atmosphere.

Individual projects contribute to the cumulative effects of climate change by emitting GHGs during construction and operational phases. The principal GHGs are carbon dioxide, methane, nitrous oxide, ozone, and water vapor. While the presence of the primary GHGs in the atmosphere are naturally occurring, carbon dioxide (CO2), methane (CH4), and nitrous oxide (N2O) are largely emitted from human activities, accelerating the rate at which these compounds occur within earth’s atmosphere. Carbon dioxide is the “reference gas” for climate change, meaning that emissions of GHGs are typically reported in “carbon dioxide-equivalent” measures. Emissions of carbon dioxide are largely by-products of fossil fuel combustion, whereas methane results from off-gassing associated with agricultural practices and landfills. Other GHGs, with much greater heat-absorption potential than carbon dioxide, include hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, and are generated in certain industrial processes.

There is international scientific consensus that human-caused increases in GHGs have and will continue to contribute to global warming, although there is uncertainty concerning the magnitude and rate of the warming. Potential global warming impacts in California may include, but are not limited to, loss in snowpack, sea level rise, more extreme heat days per year, more high ozone days, more large forest fires, and more drought years. Secondary effects are likely to include a global rise in sea level, impacts to agriculture, changes in disease vectors, and changes in habitat and biodiversity.

In 2005, in recognition of California’s vulnerability to the effects of climate change, Executive Order S-3- 05 was signed. The order sets forth a series of target dates by which statewide emission of GHGs would be progressively reduced, as follows: by 2010, reduce GHG emissions to 2000 levels; by 2020, reduce 206
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34 GHG emissions to 1990 levels; and by 2050, reduce GHG emissions to 80 percent below 1990 levels.

In 2006, California passed the California Global Warming Solutions Act of 2006 (Assembly Bill 32), which requires the California Air Resources Board to design and implement emission limits, regulations, and other measures, such that feasible and cost-effective statewide GHG emissions are reduced to 1990 levels by 2020.

In December 2009, the SJVAPCD adopted guidance for addressing GHG impacts in its Guidance for Valley Land Use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA. The guidance relies on performance-based standards, otherwise known as Best Performance Standards (BPS), to assess significance of project-specific GHG emissions on global climate change during the environmental review process. Projects can reduce their GHG emission impacts to a less than significant level by implementing BPS. Projects can also demonstrate compliance with the requirements of AB 32 by demonstrating that their emissions achieve a 29% reduction below “business as usual” (BAU) levels.

BAU is a projected GHG emissions inventory assuming no change in existing business practices and without considering implementation of any GHG emission reduction measures.

Significance Criteria
The SJVAPCDs Guidance for Valley Land Use Agencies in Addressing GHG Impacts for New Projects Under CEQA provides initial screening criteria for climate change analyses, as well as draft guidance for the determination of significance.

The effects of project specific GHG emissions are cumulative, and therefore climate change impacts are addressed as a cumulative, rather than a direct, impact. The guidance for determining significance of impacts has been developed from the requirements of Assembly Bill 32. The guideline addresses the potential cumulative impacts that a project’s GHG emissions could have on climate change.

Since climate change is a global phenomenon, no direct impact would be identified for an individual land development project. The following criteria are used to evaluate whether a project would result in a significant impact for climate change impacts:
• Does the project comply with an adopted statewide, regional, or local plan for reduction or mitigation of GHG emissions?
• Does the project achieve 29% GHG reductions by using approved Best Performance Standards?
• Does the project achieve Assembly Bill 32 targeted 29% GHG emission reductions compared with BAU?
Projects that meet one of these guidelines would have less-than-significant impact on the global climate.

The goal of 29% below BAU for emissions of GHG has been used as a threshold of significance for this analysis.

DISCUSSION
Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
Less-Than-Significant Impact. The Project would include the construction of a commercial center. As such, GHG emissions would be produced through the construction and operational phases of the Project. 207
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35 However, the SJVAPCD includes regulations to reduce GHG emissions such as standards for medium and heavy-duty engines and vehicles (i.e., tractors and construction equipment) that would apply to buildout of the Project. Compliance with Title 24 energy efficient building codes would apply, which also helps to reduce GHG emissions during the operation of the Project, by requiring minimum standards for insulation, energy efficiency, and window glazing, etc., which serve to maximize efficiency of new construction. Further, the Project would comply with the latest water efficient landscape standards, which help to reduce energy usage. Overall, the AQ/GHG Memo conducted by Acorn Environmental concluded that the Project, with implementation of required energy efficient standards, would sufficiently reduce emissions. Therefore, a less-than-significant impact would occur.

Would the project conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases? Less-Than-Significant Impact. Based on the AQ/GHG Memo, 8 the Project would comply with existing
State regulations adopted to achieve the overall GHG emission reduction goals. As indicated in the discussion above under Section 8a, the Project would result in GHG reductions by complying with the latest energy efficient and water conservation standards. Consequently, the AQ/GHG Memo found this potential impact to be less-than-significant.

9. HAZARDS AND HAZARDOUS MATERIALS
Would the project:

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Create a significant hazard to the
public or the environment through the
routine transport, use, or disposal of
hazardous materials?
X
b. Create a significant hazard to the
public or the environment through
reasonably foreseeable upset and
accident conditions involving the
release of hazardous materials into
the environment?
X
c. Emit hazardous emissions or handle
hazardous or acutely hazardous
materials, substances, or waste
within one-quarter mile of an existing
or proposed school?
X
d. Be located on a site which is included
on a list of hazardous materials sites
compiled pursuant to Government
Code Section 65962.5 and, as a
result, would it create a significant
hazard to the public or the
environment?
X
e. For a project located within an airport
land use plan or, where such a plan X
8 Air Quality and Greenhouse Gas Analysis Memorandum, Acorn Environmental, page 22, May 15, 2024. 208
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36 has not been adopted, within two
miles of a public airport or public use
airport, would the project result in a
safety hazard or excessive noise for
people residing or working in the
project area?
f. Impair implementation of or
physically interfere with an adopted
emergency response plan or
emergency evacuation plan?
X
g. Expose people or structures, either
directly or indirectly, to a significant
risk of loss, injury or death involving
wildland fires?
X

ENVIRONMENTAL SETTING
For purposes of this chapter, the term “hazardous materials” refers to both hazardous substances and hazardous wastes. A “hazardous material” is defined in the Code of Federal Regulations (CFR) as “substance or material that is capable of posing an unreasonable risk to health, safety, and property when transported in commerce” (49 CFR 171.8). California Health and Safety Code Section 25501 defines a hazardous material as “any material that, because of its quantity, concentration, or physical, or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment.” Hazardous materials include, but are not limited to, hazardous substances, hazardous waste, and any material which a handler or the administering agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment. “Hazardous wastes” are defined in California Health and Safety Code Section 25141(b) as wastes that “…because of their quantity, concentration, or physical, chemical, or infectious characteristics, [may either] cause or significantly contribute to an increase in mortality or an increase in serious illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.” The nearest school to the Project site is within Weldon Elementary School. Weldon Elementary School is located approximately 1,500 feet to the southwest of the Project site.

DISCUSSION
Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
Less-Than-Significant Impact. The Project consists of the construction of the remainder of the commercial center. The type of hazardous materials that would be associated with the Project are those typical of commercial uses, such as the use of cleaners, landscape maintenance products, soaps, and potential pesticides (for pest control). It is not expected that the Project would routinely transport, use, or dispose of hazardous materials other than those typical of those associated with commercial uses.

However, if transported, handled, and disposed of in accordance with regulations, these materials are not generally considered of the type or quantity that would pose a significant hazard to the public when used as directed. During construction, typical equipment and materials would be used that are associated with residential/commercial construction; however, any chemicals or materials would be handled, stored, 209
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37 disposed of, and/or transported according to applicable laws. Consequently, because the Project is not of the type of use that would routinely transport, use, or dispose of hazardous materials a less-thansignificant impact would occur.

Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
Less-Than-Significant Impact. See discussion above under Section 9a.

Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Less-Than-Significant Impact. As previously discussed, the Project site is near an elementary school.

However, the Project is not of the type of use typically associated with emitting hazardous emissions or handling the type or quantity of hazardous materials such that it would pose a risk or threat to the school, or surrounding area. Therefore, a less-than-significant impact would occur.

Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
No Impact. According to the California Department of Toxic Substance Control EnviroStor Database, the Project site is not located on or within the immediate vicinity of a hazardous materials site.9 Therefore, no impact would occur.

For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? No Impact. The Project is located approximately four (4) miles north of the Fresno Yosemite International Airport and is not within the Airport Influence Area, safety zones, noise, or airspace and overflight areas.

Therefore, no impact would occur.

Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
Less-Than-Significant Impact. The Project is located at a site that is surrounded by existing development. Further, the road network is already in place from previous development. Although the Project could result in temporary traffic detouring or closures during buildout, these delays would be temporary and would be coordinated with the City Engineering Division and other divisions/departments to ensure safe access to and from the area is maintained. Further, the site itself would be reviewed by City departments to ensure adequate site access and circulation is provided in the event of an emergency. Overall, a less-than-significant impact would occur. 9 California Department of Toxic Substance Control, EnviroStor Database, https://www.envirostor.dtsc.ca.gov/public/map/?global_id=71003467 accessed on August 10, 2024.
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38 Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
Less-Than-Significant Impact. The site is an infill site surrounded by urban uses. Therefore, it is not in a location typically associated with wildfires. Although urban fires could occur, the Project would be constructed to the latest fire code standards, which would include fire sprinklers in each unit, as well as the installation of fire hydrants throughout the site as required by the Clovis Fire Department. Further, other life safety features would be required such as smoke detectors, which would be reviewed and checked by the Fire Department to ensure proper operation prior to occupancy. Ultimately, a less-thansignificant impact would occur.

10. HYDROLOGY AND WATER QUALITY
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Violate any water quality standards or
waste discharge requirements or
otherwise substantially degrade
surface or ground water quality?
X
b. Substantially decrease groundwater
supplies or interfere substantially with
groundwater recharge such that the
project may impede sustainable
groundwater management of the
basin?
X
c. Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river or through the addition
of impervious surfaces, in a manner
which would: (i) result in substantial
erosion or siltation on- or off-site; (ii)
substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on- or
offsite; (iii) create or contribute runoff
water which would exceed the capacity
of existing or planned stormwater
drainage systems or provide substantial
additional sources of polluted runoff; or
(iv) impede or redirect flood flows?
X
i. Result in substantial erosion or
siltation on- or off-site? X
ii. Substantially increase the rate or
amount of surface runoff in a
manner which would result in
flooding on- or offsite?
X
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39 iii. Create or contribute runoff water
which would exceed the capacity
of existing or planned stormwater
drainage systems or provide
substantial additional sources of
polluted runoff?
X
iv. Impede or redirect flood flows? X
d. In flood hazard, tsunami, or seiche
zones, risk release of pollutants due to
project inundation?
X
e. Conflict with or obstruct implementation
of a water quality control plan or
sustainable groundwater management
plan?
X

ENVIRONMENTAL SETTING
The City is within the drainages of three streams: Dry Creek, Dog Creek, and Redbank Slough. On the north, Dry Creek discharges into the Herndon Canal in the City of Fresno west of Clovis. South of Dry Creek, Dog Creek is a tributary of Redbank Slough, which discharges into Mill Ditch south of Clovis (USGS 2012). A network of storm drains in the City discharge into 31 retention basins, most of which provide drainage for a one- to two-square-mile area. Most of the Plan Area east and northeast of the City is not in drainage areas served by retention basins.

The Project is located within the FMFCD boundary, and subject to its standards and regulations.

Detention and retention basins in the FMFCD’s flood control system are sized to accommodate stormwater from each basin’s drainage area in built out condition. The current capacity standard for FMFCD basins is to contain runoff from six inches of rainfall during a 10-day period and to infiltrate about 75 to 80 percent of annual rainfall into the groundwater basin (Rourke 2014). Basins are highly effective at reducing average concentrations of a broad range of contaminants, including several polyaromatic hydrocarbons, total suspended solids, and most metals (FMFCD 2013). Pollutants are removed by filtration through soil, and thus do not reach the groundwater aquifer (FMFCD 2014). Basins are built to design criteria exceeding statewide Standard Urban Stormwater Mitigation Plan (SUSMP) standards (FMFCD 2013). The urban flood control system provides treatment for all types of development—not just the specific categories of development defined in a SUSMP—thus providing greater water quality protection for surface water and groundwater than does a SUSMP.

In addition to their flood control and water quality functions, many FMFCD basins are used for groundwater recharge with imported surface water during the dry season through contracts with the FID and the cities of Fresno and Clovis (FMFCD 2013).

The pipeline collection system in the urban flood control system is designed to convey the peak flow rate from a two-year storm.

Most drainage areas in the urban flood control system do not discharge to other water bodies and drain mostly through infiltration into groundwater. When necessary, FMFCD can move water from a basin in one such drainage area to a second such basin by pumping water into a street and letting water flow in curb and gutter to a storm drain inlet in an adjoining drainage area (Rourke 2014). Two FMFCD drainage areas discharge directly to the San Joaquin River, and three to an irrigation canal, without storage in a 212
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40 basin. Six drainage areas containing basins discharge to the San Joaquin River, and another 39 basins discharge to canals (FMFCD 2013).

A proposed development that would construct more impervious area on its project site than the affected detention/retention basin is sized to accommodate is required to infiltrate some stormwater onsite, such as through an onsite detention basin or drainage swales (Rourke 2014).

Groundwater
In 2014, the Sustainable Groundwater Management Act (SGMA) was signed into law which created the framework for groundwater management within California. As a result, SGMA requires governments and water agencies of high and medium priority basins to halt groundwater overdraft and bring the groundwater basins back to a balance.

The City of Clovis is within the Kings Groundwater Subbasin, which is managed by the North Kings Groundwater Sustainability Agency for the area which the City is located and is considered critically over drafted. The Kings Basin is a sub basin to the southern part of the San Joaquin Valley Basin and covers 1,530 square miles. Groundwater within the basin is monitored by the City, FID, and the Kings River Conservation District.

The City of Clovis provides water through a combination of surface and groundwater sources, including the Kings River, as well as several City-managed wells.

DISCUSSION
Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? Less-Than-Significant Impact. The Project is located on a site that was previously anticipated for suburban development that the Project proposes. As with any development, existing policies and standards are required to be complied with, which are assessed during review of the entitlements. As such, the engineering department, as well as outside agencies such as the FMFCD review all plans to ensure that none of the water quality standards are violated and that waste discharge requirements are adhered to during construction and operation of the Project. Consequently, this process of Project review and approval would ensure that a less-than-significant impact occur.

Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
Less-Than-Significant Impact. The Project would not deplete groundwater supplies or interfere with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level due to the Project. The General Plan EIR identified a net decrease in groundwater aquifer throughout the region, however, because the City’s domestic water system is primarily served through surface water via existing water entitlements, the loss of aquifer is less than significant.

The City has developed a surface water treatment plant that reduces the need for pumped groundwater and has also expanded the municipal groundwater recharge facility. In addition, all landscaping shall be subject to Model Water Efficient Landscape Ordinance requirements, which mandate drought tolerant and low water use landscaping. The existing and planned water distribution system and recommended 213
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41 connections should be adequate to convey water supply to the Project to support anticipated demands from the Project. For these reasons, the Project’s impacts to groundwater are less-than-significant.

Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would: (i) result in substantial erosion or siltation on- or off-site; (ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite; (iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or (iv) impede or redirect flood flows? Less-Than-Significant Impact. The Project site is located on an infill site that is generally flat and surrounded by existing urban uses. There are no streams or rivers on the site that would be altered as a result of the Project. The infrastructure surrounding the site, such as storm drains are already in place from existing development. The drainage pattern would be constructed per existing policies and regulations through review of the plans by the City engineering department and the FMFCD to ensure the site is properly and adequately drained such that the storm drain system is maintained and so that no flooding occurs. The review and approval by City engineers and FMFCD would mean that the Project results in a less-than-significant impact.

Would the project, in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
No Impact. The Project site is located on an infill site substantially surrounded by existing urban uses.

Due to the Central Valley’s location away from the ocean, an impact from a tsunami is unlikely. The Project site is not in a Federal Emergency Management Agency (FEMA) flood zone. The nearest FEMA flood zone is over one mile to the south of the site. Consequently, this is a low-risk area and as a result a no impact would occur.

Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Less-Than-Significant Impact. The City of Clovis is within the North Kings County Groundwater Sustainability Agency (GSA). Pursuant to the SGMA, certain regions in California are required to develop and implement a groundwater management plan that sustainably manages groundwater resources. The North Kings County GSA adopted a groundwater management plan in 2019. The Project will have access to the annual allotment of water. With regards to water quality control, the Project would be required to adhere to appropriate storm drain conveyance and the protection of water resources which would include the installation of backflow preventers. Consequently, the Project would result in a less-than-significant impact.

11. LAND USE AND PLANNING
Would the project:

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Physically divide an existing
community?
X
b. Cause a significant environmental
impact due to a conflict with any
land use plan, policy, or regulation
X
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42 adopted for the purpose of
avoiding or mitigating an
environmental effect?

ENVIRONMENTAL SETTING
As described above in the Project Description, the Project site is centrally located in Clovis and is considered an in-fill site in that the surrounding areas are urbanized. The site is surrounded by commercial development to the north and east, and residential development to the south and west.

DISCUSSION
Would the project physically divide an existing community? No Impact. The site is partially developed and is within a general area that is urbanized with a mix of existing uses and land use types. Typically, physically dividing existing communities is associated with the construction of a new road intersecting an established area or introducing uses that are not necessarily in line with the existing uses and planned land uses of the area. The Project site is situated between Highway 168, Clovis Avenue and Sierra Avenue. The site was planned for commercial development and intends to complete the development of the commercial center. Additionally, it would not construct features that would physically divide an established community or remove means of access that would impair mobility in a community. Therefore, no impact would occur.

Would the project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Less-Than-Significant Impact. The proposed use is consistent with the General Commercial land use designation of the General Plan. The Project proposes to amend the Planned Commercial Center (PCC) development standards and master site plan through the Rezone process. Through the entitlement process, the Project is reviewed for compliance with applicable regulations, including those intended for avoiding or mitigating an environmental effect. For example, the Project would be required to comply with applicable lighting, landscape, and noise standards, which are regulated through the Clovis Municipal Code to ensure minimal impacts to the environment as well as with neighboring properties. Overall, with the review process ensuring General Plan and other applicable policies will be adhered to, the Project would result in a less-than-significant impact with regards to conflicting with a land use plan.

12. MINERAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Result in the loss of availability
of a known mineral resource
that would be of value to the
region and the residents of the
state?
X
b. Result in the loss of availability
of a locally important mineral
resource recovery site
delineated on a local general
X
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43 plan, specific plan or other land
use plan?

ENVIRONMENTAL SETTING
The City of Clovis 2014 General Plan EIR defines minerals as any naturally occurring chemical elements or compounds formed from inorganic processes and organic substances.10 The 2014 General Plan EIR indicates that there are no active mines or inactive mines within the Plan Area of the City of Clovis.

DISCUSSION
Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
No Impact. As stated above, the City of Clovis does not have any active mines or inactive mines. Further, the Project site is an infill site within the City and is not zoned, designated, or otherwise mapped for mineral resource extraction, or for having mineral resources of value to the region present on or below the surface of the site. Therefore, no impact would occur.

Would the project result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. See discussion under Section 12a.

13. NOISE
Would the project:

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Generation of a substantial
temporary or permanent increase in
ambient noise levels in the vicinity of
the project in excess of standards
established in the local general plan
or noise ordinance, or applicable
standards of other agencies?
X
b. Generation of excessive
groundborne vibration or
groundborne noise levels?
X
c. For a project located within the
vicinity of a private airstrip or an
airport land use plan or, where such
a plan has not been adopted, within
two miles of a public airport or public
use airport, would the project expose
people residing or working in the
project area to excessive noise
levels?
X
10 2014 Clovis General Plan EIR, Chapter 5: Mineral Resources, page 5.11-1. 216
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44 ENVIRONMENTAL SETTING
As mentioned above in the Project Description, the site is located centrally located in Clovis near the northwest corner of Clovis and Sierra Avenues. The Project site is within an urbanized area of the City surrounded by existing commercial uses to the north and east, and residential uses to the south and west. As such, existing ambient noise levels are typical of noises from these types of developments (i.e., schools, roadway networks, commercial, and residential). A Noise memorandum was prepared by JK Consulting Group

DISCUSSION
Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less-Than-Significant Impact. The Project would lead to both temporary and permanent increases in ambient noise levels. JK Consulting Group prepared a noise memorandum analyzing the noise impacts from the project. The analysis concluded that the combined stationary noise sources from the project would not exceed 54 dBA. Additionally, noise generated by project-related traffic would range from 64- 66 dBA CNEL, which is lower than the current noise levels caused by SR 168. Construction noise will be temporary, and the analysis shows that noise from construction activities will not exceed the interior noise limits for the surrounding land use categories.

Moreover, CMC Section 9.22.080, which governs noise standards for developments, must be followed.

For example, construction is only allowed between 7:00 a.m. and 7:00 p.m. on weekdays, and between 9:00 a.m. and 5:00 p.m. on weekends. However, from June 1st to September 15th construction can start as early at 6:00 a.m. on weekdays.

Consequently, because the Project site is considered infill, already surrounded by similar uses, and because construction noise would be temporary in nature, the potential for a substantial increase in ambient or temporary noise increases is considered less-than-significant.

Would the project result in generation of excessive groundborne vibration or groundborne noise levels?
Less-Than-Significant Impact. The Project would include the development of a site within Clovis.

Construction equipment typical of the development of commercial buildings would be utilized temporarily.

This equipment could include the use of heavy tractors, trucks, and other equipment; however, this type of equipment isn’t typically associated with excessive groundborne vibration given the distance of residential homes to the site. If any vibration were to occur, it’s likely that it would be temporary in nature and not at levels that would significantly impact the surrounding area.

The noise memorandum analyzed groundborne vibration impacts and determined that the predicted vibration velocity levels for sensitive receptors adjacent to the Project are predicted to approach 0.026 in/sec using a Vibratory Roller level (0.210 at 25 ft). The level of vibration generated by the Project’s construction phase is considered less than significant.

Further, the Project would be required to comply with the provisions of Section 9.22.100 of the CMC, which requires that vibration not be perceptible along property lines and that it shall not interfere with operations or facilities on adjoining parcels. It’s important to note that temporary construction vibration and noise is exempt from these provisions since construction is temporary. Overall, because the type of equipment likely to be used in the development of the Project is not considered to be of the type and 217
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45 intensity to result in substantial vibration or groundborne noise, the impact would be less-thansignificant.

For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The Project is not located within the vicinity of Fresno Yosemite International Airport, which is approximately four (4) miles south of the site. As such, it is located outside of the noise contour map of the airport.
11 Therefore, there would be no exposure to excessive noise levels and no impact would occur.

14. POPULATION AND HOUSING
Would the project:

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Induce substantial unplanned
population growth in an area, either
directly (for example, by proposing
new homes and businesses) or
indirectly (for example through
extension of roads or other
infrastructure)?
X
b. Displace substantial numbers of
existing people or housing,
necessitating the construction of
replacement housing elsewhere?
X

ENVIRONMENTAL SETTING
The Project is located on an in-fill site that is planned for commercial use in the 2014 Clovis General Plan.

The Project proposes to develop according to the commercial land use designation.

DISCUSSION
Would the project induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example through extension of roads or other infrastructure)?
Less-Than-Significant Impact. As mentioned, the Project would include the development of a commercial center in accordance with planned land use of the General Plan. Unplanned population growth is typically associated with providing new services in remote areas of the City or other infrastructure that was not previously identified in the General Plan. The Project site itself is an in-fill site, thus, the primary infrastructure (i.e., road network, utilities, etc.) is already in place and would be able to serve the site. Thus, a less-than-significant impact would occur. 11 Fresno Council of Governments, Airport Land Use Compatibility Plan, December 2018, Fresno Yosemite International Airport, Exhibit D2, Noise Contours.
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46 Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
Less-Than-Significant Impact. The project site is partially developed with commercial uses and includes two existing residential homes. Although the site was originally planned for commercial development, the homes will remain in place until the property owners choose to pursue commercial projects. While the two homes are currently occupied, the project will not result in the displacement of a significant number of people. Therefore, the Project would not result in the substantial displacement of existing people or housing and a less-than-significant impact would occur.

15. PUBLIC SERVICES
Would the project:

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the Project result in substantial
adverse physical impacts associated with
the provision of new or physically altered
governmental facilities, need for new or
physically altered governmental facilities,
the construction of which could cause
significant environmental impacts, in
order to maintain acceptable service
ratios, response times or other
performance objectives for any of the
public services:
a. Fire protection? X
b. Police protection? X
c. Schools? X
d. Parks? X
e. Other public facilities? X

ENVIRONMENTAL SETTING
The Project is located on an in-fill site within the City, surrounded by existing commercial and residential uses. The Project would be served by the Clovis Fire Department, Clovis Police Department, with mutual aid from the City of Fresno or County of Fresno, when needed. The Project site would also be within the Clovis Unified School District.

The nearest fire station is Clovis Fire Station 1, located approximately a half (.5) mile south of the site.

The Clovis Police department is located approximately a half (.5) mile southeast of the site.

DISCUSSION
Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for fire protection services?
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47 Less-Than-Significant Impact. The Project is an infill site being developed in accordance to the City’s planned land use of General Commercial. As part of the entitlement process for the Project, the Clovis Fire Department will review the design and site layout to ensure adequate fire safety measures and site circulation are achieved. This includes placement of new fire hydrants throughout the site, adequate drive widths for fire truck and emergency vehicle access, and the appropriate application of fire codes, such as installation of sprinkler systems, fire alarms, and smoke detectors. The initial review by the Fire Department determined that adequate fire services can be provided to the site subject to standard conditions of approval, including providing minimum clear paths of travel for fire access. Overall, construction that would meet the latest fire code standards, and review by the Clovis Fire Department, impacts related to effects on the performance of the Fire Department would be less-than-significant impact.

Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for police protection services?
Less-Than-Significant Impact. The Project is an infill site being developed in accordance to the City’s planned land use of General Commercial. The Clovis Police Department headquarters are located at 1233 Fifth Street, which is approximately a half (.5) mile from the site. As part of the entitlement process for the Project, the Clovis Police Department will review the design and site layout to ensure adequate safety measures are achieved. Lastly, the site is in an already urbanized area serviced by the Clovis Police Department, and thus access to and from the site would be similar to existing conditions when responding to calls for services. Consequently, a less-than-significant impact would occur.

Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for schools? Less-Than Significant Impact. The Project includes construction of the remainder of a commercial center which would not generate students for schools. The Project request was distributed to the Clovis Unified School District for review and the school district did not express any concerns with the development of this project. Therefore, a less-than-significant impact would occur.

Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for parks? Less-Than-Significant Impact. See discussion under Section 16, Recreation for the analysis related to parks.

Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for other public facilities?
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48 Less-Than-Significant Impact. The Project is an infill site being developed in accordance to the City’s planned land use of General Commercial. The project site is an infill development surrounded by existing commercial and residential uses. Further, through the entitlement process, the Project would undergo review by several departments and agencies for compliance with appropriate regulations and policies.

This could result in various impact fees that are intended to maintain and enhance public facilities as appropriate. As such, payment of the typical development fees, as well as project review by the different department and agencies, would result in the Project having a less-than-significant impact to public facilities.

16. RECREATION
Would the project:

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Would the project increase the use
of existing neighborhood and
regional parks or other recreational
facilities such that substantial
physical deterioration of the facility
would occur or be accelerated?
X
b. Does the project include
recreational facilities or require the
construction or expansion of
recreational facilities that might
have an adverse physical effect on
the environment?
X

ENVIRONMENTAL SETTING
The Project site is an infill site surrounded by existing commercial and residential uses. There are three parks within half a mile of the subject property. Treasure Ingmire Park and Sierra Bicentennial Parks, located south and west of the site, are the closest public parks. The Clovis Old Town Trail also traverses adjacent to the property’s western boundary.

DISCUSSION
Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
Less-Than-Significant Impact. As mentioned in the Population and Housing section of this Initial Study, the Project proposes the development of the rest of the commercial center. Although the development is not residential, it is a possibility that it may increase utilization of the nearby parks. However, it is not likely that the development would substantially increase the usage of the parks. Overall, the type and use of Project would not likely increase the use of existing parks such that physical deterioration would occur.

Therefore, the impact would be less-than-significant.

Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? 221
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49 Less-Than-Significant Impact. The Project site itself would construct on site landscaping in compliance with City standards for residential development. However, it is not likely that the Project itself would require the construction or expansion of new recreational facilities that would have an adverse physical effect on the environment. As such, a less-than-significant impact would occur.

17. TRANSPORTATION
Would the project:

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Conflict with a program plan,
ordinance or policy addressing
the circulation system, including
transit, roadway, bicycle, and
pedestrian facilities?
X
b. Conflict or be inconsistent with
CEQA Guidelines section
15064.3, subdivision (b)?
X
c. Substantially increase hazards
due to a geometric design feature
(e.g., sharp curves or dangerous
intersections) or incompatible
uses (e.g., farm equipment)?
X
d. Result in inadequate emergency
access? X

ENVIRONMENTAL SETTING
The Project is an infill site surrounded by existing commercial and residential developments. The site is bounded by Clovis Avenue to the east, Sierra Avenue to the south, a portion of Highway 168 to the west, and Magill Avenue to the north. According to the 2014 Clovis General Plan Circulation Diagram in the Circulation Element (Figure C-1), Clovis Avenue is designated as an arterial street, Sierra Avenue is designated as a collector street, and Magill Avenue is a local street. Arterial streets are designed to move large volumes of traffic and are intended to provide high level of mobility between freeways, expressways, other arterials, and collector roadways. Arterial streets typically have more right-of-way and a higher degree of access control than collector roadways. Collector streets provide for relatively short distance travel between and within neighborhoods. Collectors are not designed to handle long-distance throughtraffic. Driveway access to collectors is less limited than on arterials. Speed limits on these streets are typically lower than those found on arterials. A Traffic Impact Analysis (TIA) and Vehicle Miles Traveled Analysis (VMT Analysis) was prepared by JLB Traffic Engineering, Inc. dated May 16, 2024 (included as Appendix E of this Initial Study). The information and analysis in the following section is based on the results of the TIA and VMT Analysis.

DISCUSSION
Would the project conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? Less-Than-Significant Impact. As mentioned above, the site is within an urbanized area that has been planned for commercial development by the 2014 Clovis General Plan. The project would not modify the planned land use or include any features that would preclude the City from completing and complying 222
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50 with guiding documents and policy objectives, and therefore, would not conflict with the relevant City plans, policies, and programs.

A TIA was prepared to evaluate potential on-site and off-site traffic impacts, identify short-term and longterm roadway needs, determine potential roadway improvement measures and identify any critical traffic issues that should be addressed as a result of the project. Based on the analysis, the City Engineer determined that there are less-than-significant impacts to the program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities.

Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)?
Less-Than-Significant Impact. Under Senate Bill (SB) 743, traffic impacts are related to Vehicle Miles Traveled (VMT). The VMT metric became mandatory on July 1, 2020. The City Guidelines provide guidance relative to analyzing VMT for purposes of determining transportation impacts in accordance with the CEQA. The guidelines also adopted a screening standard and criteria that is used to screen out qualified development projects that meet the criteria from needing to prepare a detailed VMT analysis.

Projects not screened out must be analyzed through adopted VMT thresholds of significance. The VMT analysis prepared by JBL Traffic Engineering concluded that the office component of the project are screened out from a detailed VMT analysis as its VMT impacts have been previously reported to be less than significant by the City’s General Plan and VMT guidelines. The Project’s retail component was determined to be less than significant after pass-by trip reductions are applied to the VMT. Overall, the project was determined to result in a less-than significant VMT impact.

Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less-Than-Significant Impact. The Project would result in a significant impact if it would include features that would create a hazard such as a sharp curve in a new roadway or create a blind corner or result in sight distance issues from entryways. Through the entitlement process, the Project would undergo review by multiple City departments, such as planning and engineering, to ensure that the site layout conforms to existing regulations, such as the City Development Code, and other applicable codes, such as the fire code and building code. During this review, the Project would need to make the necessary corrections to ensure that no hazardous design features would result from the Project. Therefore, because the Project would undergo site plan and design review to ensure consistency and adherence to applicable design and site layout guidelines, a less-than-significant impact would occur.

Would the project result in inadequate emergency access? Less-Than-Significant Impact. The Project would include eight (8) ingress/egress access points. Magill Avenue extends west of Clovis Avenue and is proposed to have two (2) access points along it’s south side and a third at the west end of Magill Avenue. The Project proposes to have five (5) access points located along the west side of Clovis Avenue between Magill and Sierra Avenues. As part of the Project review, the Clovis Fire Department would review all plans to ensure adequate emergency access is provided. This review includes review for adequate roadway widths, turning radii, as well as adequate access to units and accessibility to water. Consequently, because the Project plans would be required by the CMC to be reviewed and approved by Clovis Fire Department and Police Department prior to construction, this impact would be less-than-significant. 223
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51 18. TRIBAL CULTURAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Listed or eligible for listing in the
California Register of Historical
Resources, or in a local register of
historical resources as defined in
Public Resources Code section
5020.1(k)?
X
b. A resource determined by the lead
agency, in its discretion and
supported by substantial evidence, to
be significant pursuant to criteria set
forth in subdivision (c) of Public
Resources Code Section 5024.1. In
applying the criteria set forth in
subdivision (c) of Public Resources
Section 5024.1 for the purposes of
this paragraph, the lead agency shall
consider the significance of the
resource to a California Native
American Tribe?
X

ENVIRONMENTAL SETTING
On September 25, 2014, Governor Jerry Brown signed Assembly Bill (AB) 52, which intends to protect a new class of resources under the CEQA. This new class is Tribal Cultural Resources and provides an avenue to identify tribal cultural resources through a consultation process, similar to SB 18. However, unlike SB 18 where consultation is required for all General Plan and Specific Plan amendments, AB 52 applies to all projects where a Notice of Determination is filed, and the City has received written notification requests. Furthermore, the consultation process is required to be complete prior to filing a Notice of Intent.

On July 12, 2024, consistent with AB 52, invitations to consult on the Project were mailed to three tribes within the area. Tribes have up to thirty (30) days to request consultation in accordance with AB 52. No requests for consultation were requested during these times.

Acorn Environmental prepared a Cultural Resources Inventory and Evaluation dated October 24, 2023 (Appendix C). The full accounting of cultural resources occurring within the study area was achieved by conducting records search, review of published and gray literature, examining historic maps, contacting the California American Heritage Commission (NAHC), outreach to local Native American tribal representatives, examining historic documents held at regional repositories, and a field survey. The evaluation concluded that no historic properties or historical resources are present within the study area and there is very low potential for buried archaeological deposits to be present. 224
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52 DISCUSSION
Would the project cause a substantial adverse change to a listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)?
No Impact. As mentioned in the Project Description, the Project site is partially developed. There are no existing structures or features on the site that are listed or eligible in the California Register of Historical Resources, or in a local register. As such, the Project would have no impact.

Would the project cause a substantial adverse change to a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Section 5024.1 for the purposes of this paragraph, the lead agency shall consider the significance of the resource to a California Native American Tribe?
Less-Than-Significant Impact With Mitigation. As mentioned above, the City invited three Native American tribes to consult on the Project under AB 52, and no tribes requested consultation within the 30-day. The undeveloped portion of the Project site would require trenching and ground-disturbing activities during construction for the installation of utility infrastructure needed to serve the Project.

Although no cultural resources were identified at the site, the potential remains that cultural resources could be inadvertently discovered during ground-disturbing activities. However, implementation of Mitigation Measures TCR-1 and TCR-2 below would reduce potential significant impacts and ensure protection in the event of accidental discovery of any cultural resources. With Mitigation Measure TCR-1 and TCR-2, impacts would be less-than-significant with mitigation.

Mitigation Measure 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 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.

Mitigation Measure 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 Commission, in accordance with Section 7050.5 of the Health and Safety Code, Section 5097.98 of the Public Resources Code 225
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53 (Chapter 1492, Statutes of 1982, Senate Bill 297), and Senate Bill 447 (Chapter 44, Statutes of 1987), shall be followed. Section 7050.5(c) 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.

19. UTILITIES AND SERVICE SYSTEMS
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Require or result in the relocation or
construction of new or expanded
water, wastewater treatment or storm
water drainage, electric power, natural
gas, or telecommunications facilities,
the construction or relocation of which
could cause significant environmental
effects?
X
b. Have sufficient water supplies
available to serve the project and
reasonably foreseeable future
development during normal, dry and
multiple dry years?
X
c. Result in a determination by the
wastewater treatment provider that
serves or may serve the project that it
has adequate capacity to serve the
project’s projected demand in addition
to the provider’s existing
commitments?
X
d. Generate solid waste in excess of
State or local standards, or in excess
of the capacity of local infrastructure,
or otherwise impair the attainment of
solid waste reduction goals?
X
e. Comply with federal, state, and local
management reduction statutes and
regulations related to solid waste?
X

ENVIRONMENTAL SETTING
The electricity and natural gas services in the City of Clovis are provided by PG&E. AT&T/SBC provides telephone service to the City.

The City’s water supply sources include groundwater drawn from the Kings Sub-basin of the San Joaquin Valley Groundwater Basin and surface water from the FID. Surface water is treated at the City of Clovis Surface Water Treatment Facility.

The City of Clovis provides sewer collection service to its residents and businesses. Treatment of wastewater occurs at the Fresno-Clovis Regional Wastewater Treatment Plant (RWTP). The Fresno226 AGENDA ITEM NO. 12.

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54 Clovis RWTP is operated and maintained by the City of Fresno and operates under a waste discharge requirement issued by the Central Valley Regional Water Quality Control Board. Additionally, the City has completed a 2.8 mgd wastewater treatment/water reuse facility, which will service the City’s new growth areas.

The FMFCD has the responsibility for storm water management within the Fresno-Clovis metropolitan area of the Project site. Stormwater runoff that is generated by land development is controlled through a system of pipelines and storm drainage detention basins.

DISCUSSION
Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? Less-Than-Significant Impact. The Project site is centrally located in the City’s urban and developed area. The Project will be developed in accordance with the planned land use per the City’s General Plan.

Systems related to water, wastewater treatment, storm water drainage, electric, natural gas, or telecommunications facilities already exists within the general area and the Project would only need to connect to these systems. Further, as part of the review process for the Project, the wastewater impacts will be evaluated by the City Engineer to ensure compliance with the City’s Wastewater Master Plan, as well as FMFCD, so that the Project would not exceed wastewater treatment requirements such that a new facility would be required, nor would the existing treatment facility need to be expanded. Upon review and approval by the City Engineer, the Project would result in a less-than-significant impact.

Would the project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? Less-Than-Significant Impact. The project site is centrally located within the city’s urbanized area and will be developed in accordance with the planned land use outlined in the City’s General Plan. The entire project falls within the FID service area, where land is entitled to an average annual allocation of approximately 2.24 acre-feet per acre (AF/ac). The City Engineer has confirmed that there is sufficient water supply to support the project, as it has been planned for in the General Plan. Therefore, the Project will cause a less-than-significant impact on water supply.

Would the project result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
Less-Than-Significant Impact. The project site is centrally located within the city’s urbanized area and will be developed in accordance with the planned land use outlined in the City’s General Plan. The City Engineer has confirmed that there is sufficient system capacity to support the project, as it has been planned for in the General Plan. Therefore, the Project will cause a less-than-significant impact for wastewater capacity.

Would the project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Less-Than-Significant Impact. The Project would introduce new solid waste throughout construction and operation of the Project. However, the Project would be required to comply with Chapter 6.3.1, Recycling and Diversion of Construction and Demolition Debris, of the CMC during construction. This 227
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55 section of the CMC requires that a minimum of fifty percent (50%) of waste tonnage from a project be diverted from disposal, and that all new residential (and commercial) construction within the City shall submit and obtain approval for a waste management plan prior to construction activities. Compliance with these measures would ensure that the Project does not result in a significant impact during the construction phase of the Project. Further, compliance with policies in the General Plan for the reduction and recycling of solid waste would serve to reduce impacts of solid waste by promoting and encouraging the recycling of materials. Lastly, according to the California Department of Resources Recycling and Recovery (CalRecycle), the City has exceeded their target population disposal rate of 15.5 pounds per day per person, meaning that Clovis businesses are actually producing less solid waste than the target set by the State.12 Consequently, a less-than-significant impact would occur.

Would the project comply with federal, state, and local management reduction statutes and regulations related to solid waste?
Less-Than-Significant. See discussion 19d above.

20. WILDFIRE
If located in or near state
responsibility areas or lands
classified as very high fire hazard
severity zones, would the project:

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Substantially impair an adopted
emergency response plan or
emergency evacuation plan?
X
b. Due to slope, prevailing winds, and
other factors, exacerbate wildfire
risks, and thereby expose project
occupants to, pollutant
concentrations from a wildfire or the
uncontrolled spread of a wildfire?
X
c. Require the installation or
maintenance of associated
infrastructure (such as roads, fuel
breaks, emergency water sources,
power lines or other utilities) that may
exacerbate fire risk or that may result
in temporary or ongoing impacts to
the environment?
X
d. Expose people or structures to
significant risks, including downslope
or downstream flooding or
landslides, as a result of runoff, postfire slope instability, or drainage changes?
X

ENVIRONMENTAL SETTING
The Project site is located on an infill site surrounded by existing urban uses. The site’s topography is relatively flat with level terrain with a partially developed commercial center. 12 CalRecycle, City of Clovis, https://www2.calrecycle.ca.gov/LGCentral/DiversionProgram/JurisdictionDiversionPost2006, accessed August 2024.
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56 DISCUSSION
Would the project substantially impair an adopted emergency response plan or emergency evacuation plan?
Less-Than-Significant Impact. The Project is located at a site that is relatively flat with level terrain and is surrounded by existing development. Further, the road network is already in place from previous developments. Although the Project could result in temporary traffic detouring or closures during buildout, these delays would be temporary and would be coordinated with the City Engineering staff and other departments to ensure safe access to and from the area is maintained. Further, the site itself would be reviewed by City departments to ensure adequate site access and circulation is provided in the event of an emergency. Overall, a less-than-significant impact would occur.

Would the project, due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
Less-Than-Significant Impact. The Project site is relatively flat with level terrain, is partially developed, and is located on an infill site surrounded by existing urban uses. The general vicinity of the site is flat, therefore, is not of the type of topography nor in a location likely to exacerbate wildfire risks. Further, the Project would be required to comply with the latest fire codes and would be required to include sprinklers on the interior of the structures and require installation of several hydrants throughout the site. Lastly, the site plans would undergo review by the Clovis Fire Department to ensure that all fire safety regulations are met. Therefore, a less-than-significant impact would occur.

Would the project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? Less-Than-Significant Impact. Installation of a private roadway network, water lines, and power lines would be required; however, these utilities and infrastructure are typical of development and would be constructed to standards of the respective agencies and departments which oversee them, as well as be required to comply all necessary plan review and permitting requirements of such departments and agencies. As such, a less-than-significant impact would occur.

Would the project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?
Less-Than-Significant Impact. The City of Clovis has generally flat topography, and the site itself is in an area that is not in close proximity to hillsides that would expose people or structures to significant risks associates with downstream flooding or landslides as a result of runoff or post-fire slope instability. As such, a less-than-significant impact would occur.
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57 21. MANDATORY FINDINGS OF SIGNIFICANCE
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Does the project have the potential to
substantially degrade the quality of the
environment, substantially reduce the
habitat of a fish or wildlife species,
cause a fish or wildlife population to
drop below self-sustaining levels,
threaten to eliminate a plant or animal
community, substantially reduce the
number or restrict the range of a rare
or endangered plant or animal, or
eliminate important examples of the
major periods of California history or
prehistory?
X
b. Does the project have impacts that are
individually limited, but cumulatively
considerable? (“Cumulatively
considerable” means that the
incremental effects of a project are
considerable when viewed in
connection with the effects of past
projects, the effects of other current
projects, and the effects of probable
future projects)?
X
c. Does the project have environmental
effects that will cause substantial
adverse effects on human beings,
either directly or indirectly?
X

ENVIRONMENTAL SETTING
The Project is located on an infill site within the City of Clovis, substantially surrounded by existing development consisting of commercial and residential uses.

DISCUSSION
Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? Less-Than-Significant Impact. As discussed throughout the Initial Study, the Project would not result in any significant impacts with implementation of mitigation measures prescribed above. Therefore, the Project would have a less-than-significant impact as it would not substantially degrade the quality of the environment.
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58 Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)?
Less-Than-Significant Impact. The Project includes mitigation measures in certain topic areas identified throughout this Initial Study which would reduce potential impacts to a less-than-significant level. None of these impacts would be cumulatively considerable since most are either temporary impacts from construction or site specific. While air quality that is generally considered to be cumulatively measured, the Project was found to have a less-than-significant impact through compliance with existing regulations from the SJVPACD. As such, future Projects in the City would be required to comply with those same regulations, ensuring adequate mitigation as development occurs. Thus, a less-than-significant impact would occur.

Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly?
Less-Than-Significant Impact. As discussed throughout the Initial Study, the Project would not result in a significant impact that could not be mitigated to a less-than-significant level. Therefore, a less-thansignificant impact would occur. 231
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59 I. Report Preparation

LEAD AGENCY
Lily Cha, MPA, AICP
Senior Planner
City of Clovis
Planning & Development Services

TECHNICAL STUDIES
Air Quality and Greenhouse Gas Analysis Memorandum
Golden Triangle Planned Commercial Center Master Plan
Acorn Environmental
Biological Resources Assessment
Golden Triangle Planned Commercial Center Master Plan
Acorn Environmental
Cultural Resources Inventory & Evaluation
Golden Triangle Planned Commercial Center Master Plan
Acorn Environmental
Noise Memorandum
Golden Triangle Planned Commercial Center Master Plan
JK Consulting Group, LLC
Vehicle Miles Traveled Analysis Memorandum
Golden Triangle Planned Commercial Center Master Plan
Jose Benavides
JLB Traffic Engineering, Inc.
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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 After Construction
Prior to
Occupancy
Biological Resources
BIO-1 Worker Training: Prior to construction, personnel shall complete worker environmental awareness
training. The training shall present information on
burrowing owls and notification procedures and
shall direct workers to halt work and allow individual
burrowing owls to move off-site of their own accord.

Construction personnel shall provide signatures
confirming completion of the training, and copies of
the training shall be maintained and made available
to applicable agencies upon request
City of Clovis Planning Prior to Permits
and During
Construction
BIO-2 Burrowing Owl: A pre-construction survey shall be conducted by a qualified biologist no more than 14
days prior to construction activities. The
preconstruction survey shall be conducted in
accordance with the “Take Avoidance Surveys”
described in California Department of Fish and
Wildlife’s (CDFW) Staff Report on Burrowing Owl
Mitigation (CDFW, 2012). If burrowing owls or sign
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Construction
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of burrowing owls is not observed, results shall be
documented, and no further action is necessary.

Should burrowing owl burrows be observed, CDFW
shall be consulted to determine necessary
avoidance or exclusion methods. Mitigation shall
follow CDFW recommended measures in CDFW’s
Staff Report on Burrowing Owl Mitigation (CDFW,
2012), and shall follow the below steps:
• If the burrows can be avoided, a qualified
biologist shall demarcate a no-disturbance
buffer around the burrows using high
visibility fencing or pin flagging. The size of
the buffer shall be established with CDFW
and shall remain in place until construction
is completed. Buffer size for burrowing owl,
as detailed in CDFW’s staff report, range
from 50 meters to 500 meters depending on
the level of disturbance and timing of
disturbance.
• Should full avoidance be infeasible, CDFW
shall be consulted to identify appropriate
exclusion methods to be implemented prior
to removal of the burrows. Consistent with
the CDFW Staff Report, exclusion would not
occur until a Burrowing Owl Exclusion Plan
is approved by CDFW.
• In order to mitigate for loss of burrows that
are excluded, the Burrowing Owl Exclusion
Plan shall identify one of the following
mitigation options, or a combination thereof,
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as outlined in the CDFW Staff Report
“Mitigating Impacts” section:
o Creation of artificial burrows
commensurate to the number of
burrows excluded;
o Permanent conservation of like
habitat, such as conservation
easement;
o Purchase of conservation bank
credits; and/or
o An alternative mitigation strategy, as
developed with and approved by
CDFW.

BIO-3 Nesting Birds: If construction activities would occur during the nesting season (February 1 through
August 31), a pre-construction survey for the
presence of nesting bird species shall be conducted
by a qualified biologist on and within 500 feet of
proposed construction areas, as accessible. The
survey shall occur within five days of the
commencement of construction activities. If active
nests are identified in these areas, one of the
following should occur:
• A qualified biologist shall establish a
disturbance-free buffer zone using highvisibility fencing or flagging. The size of the buffer shall be determined by the qualified
biologist based on the needs of the species.

The buffer shall remain in place until either
(1) construction activities are completed, (2)
the conclusion of the nesting season, or (3)
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Construction
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the qualified biologist determines that the
young have fledged and are no longer
dependent on the nest, or the nest has
failed. If construction activities are halted for
a period of more than 14 days, an additional
preconstruction nesting bird survey shall be
conducted.

Or
• Commencement of construction activities
shall be postponed until after the nesting
season, or until after a qualified biologist has
determined the young have fledged and are
independent of the nest site or the nest has
failed.

Cultural Resources
CULT-1
If prehistoric or historic-era 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 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.

City of Clovis Planning Prior to Permits
and During
Construction
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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.

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(c) shall guide the potential Native American
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Construction
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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.

Geological Resources
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, 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 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
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and During
Construction
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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 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.

City of Clovis Planning Prior to Permits
and During
Construction
239
AGENDA ITEM NO. 12.

Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
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 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(c) 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
240
AGENDA ITEM NO. 12.

APPENDIX A
Air Quality and Greenhouse Gas
Memorandum
241
AGENDA ITEM NO. 12.
5170 Golden Foothill Parkway
El Dorado Hills, CA 95762
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