Clovis City Council
December 16, 2024

December 16, 2024 - 1 - 6:56 PM
AGENDA • CITY COUNCIL MEETING
December 16, 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 December 16, 2024 - 2 - 6:56 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
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.

1. Administration - Approval - Minutes from the December 9, 2024, Council Meeting.

2. Finance – Receive and File – Status Report of Community Facilities District 2004-1 Revenues and Expenditures.

3. Finance - Approval – Res. 24-___, Approving the submittal of the 2024-2025 Transportation Funding Claim to the Fresno Council of Governments.

4. Finance - Approval of various actions related to Measure Y, a general 1.0% transactions and use tax ballot measure approved by voters at the November 5, 2024, Municipal Election; (A) Approval - Res. 24-___, A Resolution of the Clovis City Council authorizing the City Manager to execute agreements with the California Department of 2 December 16, 2024 - 3 - 6:56 PM
Tax and Fee Administration (CDTFA); and (B) Approval - Res. 24-___, A Resolution of the Clovis City Council authorizing designated City representatives to examine confidential tax records for Measure Y Transactions and Use Tax.

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

6. Planning and Development Services – Approval – Bid Award for CIP 24-06, New Bus Stops: B2 to Cervantes Landscape Services, Inc., in the amount of $167,172.00; and authorize the City Manager to execute the contract on behalf of the City.

7. Planning and Development Services – Approval – Res. 24-115A, A Resolution of the Clovis City Council: Amending Resolution 24-115 to include an additional finding necessary to approve the adoption of the City of Clovis Sixth Cycle Housing Element, and authorizing staff to submit the Housing Element to the California Department of Housing and Community Development.

8. Public Utilities – Approval – Waive Formal Bidding Requirements and Authorize the Purchase of Six (6) 2025 Dodge Durango Police Department Patrol Vehicles from National Auto Fleet Group Using the Sourcewell Purchasing Contract in the Total Amount of $383,195.40; and Approval – Res. 24-___, Amending the 2024-2025 Fleet Capital Acquisition Budget to Allocate $190,000 of Funds for the Purchase of Two (2) 2025 Dodge Durango Police Department Patrol Vehicles.

9. Public Utilities – Approval – Waive Formal Bidding Requirements and Authorize the Purchase of One (1) Vactor 2112-18 Sewer Cleaning Truck from Haaker Equipment Company Using the Sourcewell Cooperative Purchasing Contract in the Amount of $702,379.53; and Approval – Res. 24-___, Amending the 2024-2025 Sewer Enterprise Budget to Allocate $210,000 of Additional Funds for the Purchase of a Sewer Cleaning Truck.

10. Public Utilities – Approval – Waive Formal Bidding Requirements and Authorize the Purchase of One (1) 2026 Autocar Frontload Refuse Truck from Affinity Truck Center Using the Sourcewell Cooperative Purchasing Contract in the Amount of $436,737.73.

PRESENTATIONS/PROCLAMATIONS

11. Presentation of Proclamation honoring City Manager John Holt upon his retirement and commending him for 25 years of service to the Clovis Community.

ADMINISTRATIVE ITEMS - Administrative Items are matters on the regular City Council Agenda other than Public Hearings.

12. Consider Approval – City Manager Employment Agreement with Andrew Haussler, and Appointment of Andrew Haussler as City Manager effective January 1, 2025.

Staff: Amy Hance, General Services Director
Recommendation: Approve

13. Consider Update on the Request from the Building Industry Association of Fresno/Madera Counties, Inc. regarding the City of Clovis Major Water Facilities Fees from the August 5, 2024, Council Meeting to return within 120 days.

Staff: Andrew Haussler, Assistant City Manager
Recommendation: Consider Update and Provide Direction
3 December 16, 2024 - 4 - 6:56 PM

14. Receive and File - Information from Second Public Hearing in City’s Transition to District-Based Elections.

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

15. Consider various items associated with ±37.92 acres of land located at the southeast corner of the N. Peach Avenue alignment and Behymer Avenue. DeYoung Properties and Gary Yamamoto, owners; DeYoung Properties, applicant; Juli Kutka, 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 Reorganization 311, Prezone 2024-006, Vesting Tentative Tract Map 6482, and Planned Development Permit 2024-002. b. Consider Introduction - Ord. 24-___, R2024-006, An ordinance of the City Council approving a request to prezone the properties within the annexation area from the Fresno County AE-20 Zone District to the Clovis R-1-PRD Zone District. c. Consider Approval - Res. 24-___, TM6482, A resolution of the City Council approving a vesting tentative tract map for a 266-lot single-family planned residential development.
d. Consider Approval - Res. 24-___, PDP2024-002, A resolution of the City Council approving a planned development permit for a 266-lot single-family residential development.
e. Consider Approval - Res. 24-___, RO311, A resolution of the City Council approving application for the Annexation of the Territory known as the Peach-Behymer Southeast Reorganization area (±37.92 acres).

Staff: Marissa Parker, Assistant Planner
Recommendation: Approve

16. Consider various items associated with approximately 201 acres on the east side of N.

Minnewawa Avenue, between East Behymer and Shepherd Avenues. Multiple, 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 Reorganization 310, Prezone 2024-005, Vesting Tentative Tract Map 6375, and Planned Development Permit 2024-001. b. Consider Introduction - Ord. 24-__, R2024-005, An ordinance of the City Council approving a request to prezone property within the annexation area from the Fresno County AE20 Zone District to the Clovis C-1, R-1-PRD, O, and P-C-C Zone Districts. 4 December 16, 2024 - 5 - 6:56 PM
c. Consider Approval - Res. 24-__, TM6375, A resolution of the City Council approving a vesting tentative tract map for a 385-lot single-family planned residential development on approximately 58.9 acres of land.
d. Consider Approval - Res. 24-__, PDP2024-001, A resolution of the City Council approving a planned development permit for a 385-lot single-family residential development.
e. Consider Approval - Res. 24-___, RO310, A resolution of the City Council approving application for the annexation of the territory known as the Shepherd-Minnewawa Northeast Reorganization area (approximately 201 acres).

Staff: Liz Salazar, Assistant Planner
Recommendation: Approve

17. Consider various items associated with ±14.57 acres of land located on the south side of E. Perrin Avenue, between N. Minnewawa Avenue and west of the N. Clovis Avenue alignment. David Williams, John & Tricia Zimmerer, Merrill Michael, Misha Kay Wight Miller, and Jon Kurisu owners; Bonadelle Homes, applicant; Scott Harbour, 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 6467 and Planned Development Permit 2024-003.
b. Consider Approval - Res. 24-__, TM6467, A resolution of the City Council approving a vesting tentative tract map for a 162-lot single-family planned residential development.
c. Consider Approval - Res. 24-__, PDP2024-003, A resolution of the City Council approving a planned development permit for a 162-lot single-family residential development.

Staff: Marissa Parker, Assistant Planner
Recommendation: Approve

CITY MANAGER COMMENTS

COUNCIL COMMENTS
CLOSED SESSION - A “closed door” (not public) City Council meeting, allowed by State law, for consideration of pending legal matters and certain matters related to personnel and real estate transactions.

18. Government Code section 54956.9(d)(2)
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation
One potential case
5 December 16, 2024 - 6 - 6:56 PM

RECONVENE INTO OPEN SESSION AND REPORT FROM CLOSED SESSION

ADJOURNMENT

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

Jan. 6, 2025 (Mon.)
Jan. 13, 2025 (Mon.)
Jan. 21, 2025 (Tue)
Feb. 4, 2025 (Tue.)
6 PRELIMINARY - SUBJECT TO APPROVAL

CLOVIS CITY COUNCIL MEETING
December 9, 2024 6:00 P.M. Council Chamber
Meeting called to order by Mayor Ashbeck at 6:00
Flag Salute led by Councilmember Bessinger
Roll Call: Present: Councilmembers, Basgall, Bessinger, Mouanoutoua, Pearce Mayor Ashbeck
PUBLIC COMMENTS – 6:00
Tammy Anderson, resident, expressed concerns about the harshness of LED streetlights affecting her home and strongly opposed the proposed historic district due to a desire for less government regulation.

Steven Trevino, resident, raised concerns about the lack of lighting and poor sound quality during the recent Christmas Tree Lighting event, suggested the use of extra funds to improve lighting, seating, and sound in public gathering area to enhance safety and accessibility.

Eric Rollins, resident, expressed concerns about the transition to district-based elections, advocating for a rotating mayor position to ensure all councilmembers remain accountable to the entire community, not just their districts.

Josh Babcock, representing Fresno County Supervisor Nathan Magsig’s office, introduced himself as the new field representative.

CONSENT CALENDAR – 6:10
Upon call, there was no public comment.

Motion by Councilmember Bessinger, seconded by Councilmember Mouanoutoua, that the items on the Consent Calendar be approved. Motion carried by unanimous vote.

1. Administration - Approval - Minutes from the December 2, 2024, Council Meeting.

2. Administration – Adopt - Ord. 24-18, R2024-004, A request to amend the development standards and preliminary development plan for the Tuscan Village Planned Commercial Center, 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. (Vote: 5-0)

3. Police – Approval – Waive the City’s formal bidding requirements and authorize the solesource purchase of a Video Wall Management System for the Real Time Information Center through Wildfire Technology Integration for a total purchase of $700,088.00. 7 AGENDA ITEM NO. 1.

PRELIMINARY - SUBJECT TO APPROVAL

COUNCIL ITEMS – 6:10
6:10 ITEM 4 - CONSIDER VARIOUS ACTIONS RELATED TO THE NOVEMBER 5, 2024,

CLOVIS GENERAL MUNICIPAL ELECTION FOR CLOVIS CITY COUNCIL AND MEASURE Y (SALES TAX):

Upon call, there was no public comment.
4A - CONSIDER APPROVAL – RES. 24-137, DECLARING THE RESULTS OF THE NOVEMBER 5, 2024, CLOVIS GENERAL MUNICIPAL ELECTION FOR CLOVIS CITY COUNCIL AND MEASURE Y.

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

Motion carried by unanimous vote.
4B - OATH OF OFFICE: COUNCILMEMBERS ASHBECK AND MOUANOUTOUA.

City Clerk Parra administered the oath of office to Councilmember Ashbeck and Councilmember Mouanoutoua.
6:15 ITEM 5 - CONSIDER VARIOUS ACTIONS RELATED TO THE CITY COUNCIL REORGANIZATION:

Upon call, there was no public comment.
5A - ELECTION OF MAYOR BY CITY COUNCIL – MAYOR ASHBECK
Motion by Councilmember Pearce seconded by Councilmember Bessinger to appoint Mayor Pro Tem Mouanoutoua as Mayor. Motion carried by unanimous vote. 5B - ELECTION OF MAYOR PRO TEM BY CITY COUNCIL – MAYOR
Upon call, there was no public comment.

Motion by Councilmember Ashbeck, seconded by Councilmember Basgall, to appoint Councilmember Bessinger as Mayor Pro Tem.

Councilmember Bessinger respectfully declined the nomination as Mayor Pro Tem, and Councilmember Ashbeck withdrew the motion.

Motion by Councilmember Bessinger, seconded by Mayor Mouanoutoua, to appoint Councilmember Pearce as Mayor Pro Tem. Motion carried by unanimous vote. 8 AGENDA ITEM NO. 1.

PRELIMINARY - SUBJECT TO APPROVAL

5C - PRESENTATION OF GAVEL TO OUTGOING MAYOR ASHBECK – MAYOR Mayor Mouanoutoua presented the gavel to former Mayor Ashbeck. 5D - COUNCIL COMMENTS / INTRODUCTIONS BY MAYOR AND COUNCILMEMBERS Mayor Mouanoutoua expressed gratitude for the opportunity to serve as Mayor to the City of Clovis and honored the legacy of past leaders.

RECESS FOR PHOTOS AND REFRESHMENTS (City Hall Foyer)
ADMINISTRATIVE ITEMS – 7:06
7:06 ITEM 6 - WORKSHOP TO BEGIN DISCUSSION OF HOW CITY GROWTH IMPACTS COUNTY ROADS AND JOINT EFFORTS TO IMPROVE SAFETY.

In attendance: City of Clovis – Councilmember Basgall, Councilmember Bessinger, Councilmember Ashbeck, Mayor Pro Tem Pearce, Mayor Mouanoutoua, City Manager Holt, Assistant City Manager Haussler, and City Engineer Avery. County of Fresno:

Chairman Nathan Magsig, Board of Supervisor Steve Brandau, Public Works and Planning Assistant Director Bernard Jimenez, County of Fresno Augustine Ramirez, Senior Plannger Hector Luna, Program Manager Erin Haagenson, and Vice President Ruta Jariwala. Clovis Unified School District: Assistant Superintendent Denver Stairs, Associate Superintendent Michael Johnston and Director of Transportation Steven Mirelez.

Kathy Bailey, Mother of Kaiden Bailey, addressed the tragic circumstances surrounding her son's death, advocating for justice, further investigation, and safety improvements on local roads.

Anna Lazo, Mother of Sandro Lazo, addressed her commitment to pressure the City to prevent similar tragedies from happening to other parents William Lazo, Father of Sandro Lazo, discussed the unsafe road conditions of Fowler and Perrin, advocated for safety improvements, including a stop sign at the intersection.

Michelle Leung, resident, expressed her concern for safety on county roads and praised the City and council for taking steps toward addressing traffic and safety issues after years of concern.

Jenni Krens, resident, shared her concerns about the high speeds of traffic on the unimproved county road near her home between Locan and DeWolf and highlighted the danger posed to bicyclists and the lack of speed limits on the road.

The discussion focused on the implementation of future traffic signals in areas such as Shepard, Fowler, Behymer, and Perrin, with short-term traffic studies planned for these 9 AGENDA ITEM NO. 1.

PRELIMINARY - SUBJECT TO APPROVAL

intersections. The discussion included immediate safety concerns, including traffic calming measures on Sunnyside Avenue and alternatives to roundabouts, were also addressed. A strong emphasis was placed on the need for collaboration between the City, County, and key stakeholders, including the Clovis School District and utility companies, to improve road safety and traffic management. Additionally, there was a request for a standing agenda item to provide regular updates, either monthly or quarterly, and the possibility of revising the tax-sharing agreement was also discussed.

RECESS AND RECONVENE AT DAIS - 8:07
ADMINISTRATIVE ITEMS – 8:13
8:13 ITEM 7 - CONSIDER APPROVAL - 2023-24 ANNUAL COMPREHENSIVE FINANCIAL REPORT.

Upon call, there was no public comment
Motion for approval by Councilmember Ashbeck, seconded by Councilmember Pearce.

Motion carried by unanimous vote.

CITY MANAGER COMMENTS – 8:16
None.

COUNCIL COMMENTS – 8:16
There was consensus of the Council to bring back an agenda item regarding safe routes to school, specifically addressing the project on Ashlan across from Reagan Elementary.

CLOSED SESSION – 8:21
Upon call, there was no public comment.

ITEM 8 - GOVERNMENT CODE SECTION 54957.6 CONFERENCE WITH LABOR NEGOTIATOR(S) AGENCY DESIGNATED REPRESENTATIVE: CITY ATTORNEY UNREPRESENTED EMPLOYEE: CITY MANAGER
No action taken.

ITEM 9 - GOVERNMENT CODE SECTION 54957 PUBLIC EMPLOYEE APPOINTMENT / EMPLOYMENT TITLE: CITY MANAGER
No action taken.

RECONVENE INTO OPEN SESSION AND REPORT FROM CLOSED SESSION

ADJOURNMENT
10 AGENDA ITEM NO. 1.

PRELIMINARY - SUBJECT TO APPROVAL

Mayor Mouanoutoua adjourned the meeting of the Council to December 16, 2024.

Meeting adjourned: 9:30 p.m.
______________________________ ________________________________ Mayor City Clerk
11 AGENDA ITEM NO. 1.

TO: Mayor and City Council
FROM: Finance Department
DATE: December 16, 2024
SUBJECT: Finance – Receive and File – Status Report of Community Facilities District 2004-1 Revenues and Expenditures.

ATTACHMENTS: None.

RECOMMENDATION
That the Council receive and file the report on the status of the Community Facilities District 2004-1 Revenues and Expenditures.

EXECUTIVE SUMMARY
In March 2004, the Council approved the formation of Community Facilities District 2004-1 (CFD), which provides funding for public safety operations in new growth areas generally located north of Herndon or east of Locan Avenues. During formation, the Council directed staff to prepare an annual report indicating the amounts received from CFD tax revenues and expenditures applicable to the CFD area.

BACKGROUND
Fiscal year 2005-2006 was the first year the City received revenues from the levy of CFD taxes.

Any residential parcel located in the CFD with a building permit issued prior to May 1, would be subject to the CFD tax the following fiscal year, payable with their property tax bill.

There were 11,078 parcels assessed in 2023-2024, generating $3,250,000 in special taxes. The per-unit tax for 2023-2024 was $282.32 for single family units and $243.77 for multi-family units.

The revenue received is allocated between Police (67%) and Fire (33%) which goes into the Police and Fire department budgets as non-discretionary general fund revenue. The revenue received in 2023-2024 provides funding for approximately 11 Police Officers and 6 Fire Fighters.

Expenditures for public safety services associated with growth in the CFD area for 2023-2024 were $7,371,000. In 2023-2024, CFD tax revenue covered 44% of CFD area expenditures. 2023-2024 2022-2023 2021-2022 and prior
Expenditures $7,371,000 $6,788,000 $53,285,000
Revenues $3,250,000 $2,700,000 $17,051,000
12 AGENDA ITEM NO. 2.

FISCAL IMPACT
This report provides a status of the CFD revenue and expenditures attributable to the CFD. The report reflects that the CFD tax revenue is contributing approximately 44% of the total expenditures attributable to the public safety services provided in the CFD.

REASON FOR RECOMMENDATION
This annual status report is for information only and no action is required.

ACTIONS FOLLOWING APPROVAL
Staff will file the report and copies of the report will be made available to any member of the public who requests a copy.

CONFLICT OF INTEREST
None.

Prepared by: Ran Chan, Accountant
Reviewed by: City Manager AH
13 AGENDA ITEM NO. 2.

TO: Mayor and City Council
FROM: Finance Department
DATE: December 16, 2024
SUBJECT: Finance - Approval – Res. 24-___, Approving the submittal of the 2024- 2025 Transportation Funding Claim to the Fresno Council of Governments.

ATTACHMENTS: 1. Res. 24-___, Submission of Transportation Funding Claim Form

2. Transportation Funding Claim for Fiscal Year 2024-2025

RECOMMENDATION
That the Council approve a resolution approving the submittal of the 2024-2025 Transportation Funding Claim to the Fresno Council of Governments.

EXECUTIVE SUMMARY
Each year the City of Clovis is required to submit an annual transportation claim for the Local Transportation Fund of Fresno County to the Fresno Council of Governments (COG) to receive funds provided through the Transportation Development Act (TDA) of 1971. The claim is prepared in accordance with the City’s annual budget. After the TDA claim is adopted by the Resolution of the City Council, the claim is submitted to COG for adoption by Resolution of the COG board. After approval, the City will begin to receive the funds apportioned by COG for the 2024-2025 fiscal year.

BACKGROUND
Each year the City files a claim with the Fresno Council of Governments (COG) to receive funds provided through the Transportation Development Act (TDA) of 1971. The claim provides information on the various sources that are used to fund the transit operation and to fund bicycle/pedestrian projects.

The claim is normally based on the current year budget. If circumstances have changed since the budget was prepared, the claim will be based on the best available information.

In order for COG to allocate the TDA funds, the claim needs to be submitted to COG for approval.

The claim allocates the available funds based on the final estimated allocation received from COG in May 2024.
14 AGENDA ITEM NO. 3.

FISCAL IMPACT
The TDA funds are budgeted in 2024-2025 based upon the final estimated allocation received from COG in May 2024. Approval of the claim by the Council will allow the City to receive the funds.

REASON FOR RECOMMENDATION
To allocate the funds in accordance with the 2024-2025 estimates, it is necessary to submit the TDA claim to COG for approval. Approval of the claim by the Council for submittal is required.

ACTIONS FOLLOWING APPROVAL
After Council approval, the claim will be filed with COG.

CONFLICT OF INTEREST
None.

Prepared by: Jose Cortez, Accounting Supervisor
Reviewed by: City Manager AH
15 AGENDA ITEM NO. 3.

RESOLUTION 24-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
APPROVING SUBMISSION OF THE 2024-2025 TRANSPORTATION FUNDING CLAIM TO

THE FRESNO COUNCIL OF GOVERNMENTS
WHEREAS, the City of Clovis is required to submit an annual transportation claim for the Transportation Funding through the Fresno Council of Governments for the fiscal year 2024- 2025; and
WHEREAS, the Fresno Council of Governments has the authority to review claims and allocate such funds in accordance with the Transportation Development Act of 1971 and Chapter 3 of Title 30 of the California Administrative Code; and WHEREAS, the City of Clovis has approved the 2024-2025 Budget for expenditures for 2024-2025; and
WHEREAS, the Transportation Act of 1971 requires certain findings and declarations regarding transit needs and conformance with Article 8, Chapter 1400, Statutes 1971 and applicable rules and regulations.

NOW, THEREFORE, BE IT RESOLVED, that the City of Clovis hereby authorizes submittal of its Claim for Local Transportation Funds, as Attachment 2, in the amount of $21,705,860 for purposes allowed under Articles 3, 4, 4.5, and 8 of the Transportation Development Act of 1971.
* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on December 16, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:
______________________________ ______________________________ Mayor City Clerk
ATTACHMENT 1
16 AGENDA ITEM NO. 3.
17 AGENDA ITEM NO. 3.
18 AGENDA ITEM NO. 3.
19 AGENDA ITEM NO. 3.
20 AGENDA ITEM NO. 3.
21 AGENDA ITEM NO. 3.
22 AGENDA ITEM NO. 3.

TO: Mayor and City Council
FROM: Finance Department
DATE: December 16, 2024
SUBJECT: Finance - Approval of various actions related to Measure Y, a general

1.0% transactions and use tax ballot measure approved by voters at the November 5, 2024, Municipal Election; (A) Approval - Res. 24-___, A Resolution of the Clovis City Council authorizing the City Manager to execute agreements with the California Department of Tax and Fee Administration (CDTFA); and (B) Approval - Res. 24-___, A Resolution of the Clovis City Council authorizing designated City representatives to examine confidential tax records for Measure Y Transactions and Use Tax.

ATTACHMENTS: 1. Res. 24-___, CDTFA Preparatory Agreement

2. Res. 24-___, CDTFA Administrative Agreement

RECOMMENDATION
Staff recommends the City Council approve Res. 24-___, A Resolution of the Clovis City Council authorizing the City Manager to execute agreements with the California Department of Tax and Administration (CDTFA) and City Council approve Res. 24-___, A Resolution of the Clovis City Council authorizing designated City representatives to examine confidential tax records for Measure Y Transactions and Use Tax.

EXECUTIVE SUMMARY
On November 5, 2024, Clovis voters approved Measure Y, a ballot measure proposing a 1.0% Transactions and Use Tax in the City of Clovis. The tax is a general tax generating additional revenue to be used for any lawful purpose, including but not limited to maintaining public safety services including emergency response times, police protection, neighborhood services, antigang and anti-drug programs; maintaining and repairing infrastructure; and providing other City services. The City Council must now adopt two resolutions as required by the CDTFA so that the tax can be fully implemented and administered: one authorizing the City Manager to execute agreements with the CDTFA as required for the CDTFA to fully perform the administrative services for the tax, and one authorizing designated City representatives to examine confidential tax records for the Measure Y Transactions and Use Tax. 23 AGENDA ITEM NO. 4.

BACKGROUND
On November 5, 2024, the residents of the City of Clovis approved Measure Y, which established a local Transactions and Use Tax of 1.0%. The tax will be administered and collected by the CDTFA and remitted to the City of Clovis as a general tax, with revenue available to maintain public safety services including emergency response times, police protection, neighborhood services, anti-gang and anti-drug programs; repair infrastructure; and provide other City services.

The CDTFA requires the City to enter into formal agreements for the collection and administration of this tax. Additionally, the CDTFA permits only authorized individuals to examine confidential tax records. The purpose of this item is for Council to approve the necessary agreements between the City and CDTFA and to formally designate authorized individuals permitted to access confidential records.

The agreements with CDTFA outline the terms under which it will administer and collect the Measure Y Transactions and Use Tax on behalf of the City. This is necessary for ensuring the proper collection and distribution of Measure Y funds and is required by California state law (Revenue and Taxation Code section 7251, et seq.).

Access to confidential taxpayer information is essential for the City’s Finance Department to verify the accurate collection and allocation of Measure Y funds. The resolution designates specific individuals within the City authorized to examine confidential taxpayer records under the CDTFA's supervision, in compliance with Section 7056 of the Revenue and Taxation Code. In addition, the City's current consultant (HdL) who reviews records for proper assignment of tax would have access as well.

The following individuals are recommended to be authorized to examine relevant records:
 City Manager
 Assistant City Manager
 Finance Director
 Assistant Finance Director
 Deputy Finance Director
 City sales tax audit consultant (Hinderliter, De Llamas and Associates (HdL) and its successors)
These steps are necessary to ensure full transparency, accountability, and legal compliance in managing Measure Y tax revenues. Adopting these resolutions will allow the City to maintain compliance with state requirements for the administration of Measure Y and provide the City with access to essential records for monitoring and auditing purposes.

FISCAL IMPACT
Preparatory costs to be paid by the City to CDTFA to administer Measure Y will not exceed $175,000 and will be based on actual costs the CDTFA incurs. The CDTFA charges an administrative fee for its services, deducted from the collected Measure Y revenue. The ongoing administrative fee will be anticipated in the annual budget and will vary based on actual tax revenue and as determined by State law.
24 AGENDA ITEM NO. 4.

REASON FOR RECOMMENDATION
The CDTFA requires the City to enter into formal agreements for the collection and administration of Measure Y, a local Transactions and Use Tax of 1.0%. Additionally, the CDTFA permits only authorized individuals to examine confidential tax records. The purpose of this item is for Council to approve the necessary agreements with CDTFA and to formally designate authorized individuals permitted to access and review confidential tax records.

ACTIONS FOLLOWING APPROVAL
The agreements will be signed by the City Manager and returned to the CDTFA, and fully executed copies of the agreements will be retained by the City for record retention.

CONFLICT OF INTEREST
None.

Prepared by: Jay Schengel, Finance Director
Reviewed by: City Manager JH
25 AGENDA ITEM NO. 4.

ATTACHMENT 1
RESOLUTION 24-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS

AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE

CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR

IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX
WHEREAS, on November 4, 2024, the City Council approved Ordinance Nos. 24-14 and 24-15 amending the City Municipal Code and providing for a 1.0% local transactions and use tax (Measure Y) subject to voter approval at the November 5, 2024, municipal election; and WHEREAS, on December 9, 2024, with the approval of Resolution 24-137, the City Council declared the results of the November 5, 2024, Clovis municipal election including the voter approval of the transactions and use tax measure (Measure Y), and pursuant to applicable provisions of the Elections Code, including Section 9117, Ordinance Nos. 24-14 and 24-15 are considered adopted upon such City Council declaration of the vote approving Measure Y; and
WHEREAS, the California Department of Tax and Fee Administration (Department) administers and collects the transactions and use taxes for all applicable jurisdictions within the state; and
WHEREAS, the Department will be responsible to administer and collect the transactions and use tax for the City; and
WHEREAS, the Department requires that the City enter into a “Preparatory Agreement” and an “Administration Agreement” prior to implementation of said taxes, and WHEREAS, the Department requires that the City Council authorize the agreements.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Clovis that the “Preparatory Agreement” attached as Attachment A and the “Administrative Agreement” attached as Attachment B are hereby approved and the City Manager is hereby authorized to execute each agreement.

NOW, THEREFORE, BE IT FURTHER RESOLVED, by the City Council of the City of Clovis that the City Manager or designee is authorized to prepare, modify, sign, and deliver such documents (including the Preparatory Agreement and Administrative Agreement) and forms and take any other action as may be required of the City by the Department for the proper and timely administration, collection, transmittal, and payment of the transactions and use tax. * * * * *
26 AGENDA ITEM NO. 4.

The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on December 16, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: December 16, 2024
______________________________ ______________________________ Mayor City Clerk
27 AGENDA ITEM NO. 4.
(Rev. 07/24) 1

ATTACHMENT A

AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE

CITY'S TRANSACTIONS AND USE TAX ORDINANCE
In order to prepare to administer a transactions and use tax ordinance adopted in accordance with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, the City of Clovis, CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION, hereinafter called Department, do agree as follows:

1. The Department agrees to enter into work to prepare to administer and operate a transactions and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code which has been approved by a majority of the electors of the City and whose ordinance has been adopted by the City.

2. City agrees to pay to the Department at the times and in the amounts hereinafter specified all of the Department's costs for preparatory work necessary to administer the City's transactions and use tax ordinance. The Department's costs for preparatory work include costs of developing procedures, programming for data processing, developing and adopting appropriate regulations, designing and printing forms, developing instructions for the Department's staff and for taxpayers, and other appropriate and necessary preparatory costs to administer a transactions and use tax ordinance.

These costs shall include both direct and indirect costs as specified in Section 11256 of the Government Code.

3. Preparatory costs may be accounted for in a manner which conforms to the internal accounting and personnel records currently maintained by the Department. The billings for costs may be presented in summary form. Detailed records of preparatory costs will be retained for audit and verification by the City.

4. Any dispute as to the amount of preparatory costs incurred by the Department shall be referred to the State Director of Finance for resolution, and the Director's decision shall be final.

5. Preparatory costs incurred by the Department shall be billed by the Department periodically, with the final billing within a reasonable time after the operative date of the ordinance. City shall pay to the Department the amount of such costs on or before the last day of the next succeeding month following the month when the billing is received.
28 AGENDA ITEM NO. 4.
(Rev. 07/24) 2

6. The amount to be paid by City for the Department's preparatory costs shall not exceed one hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.)

7. Communications and notices may be sent by first class United States mail or through email at [email protected]. If and when communications and notices may include confidential information, communications and notices must be sent through encrypted email at [email protected] or by mail. Communications and notices to be sent to the Department shall be addressed to:

California Department of Tax and Fee Administration
P.O. Box 942879 MIC: 27
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to City shall be addressed to:
_City Manager____________________________________
_1033 Fifth St.____________________________________
_Clovis, CA 93612_________________________________

8. The date of this agreement is the date on which it is approved by the Department of General Services. This agreement shall continue in effect until the preparatory work necessary to administer City's transactions and use tax ordinance has been completed and the Department has received all payments due from City under the terms of this agreement.

CITY OF CALIFORNIA DEPARTMENT OF TAX

AND FEE ADMINISTRATION
By By
(Signature) Administrator
Local Revenue Branch
John Holt
(Typed Name) Date: _______________________________
City Manager
(Title)
Date: _______________________________
29 AGENDA ITEM NO. 4.

ATTACHMENT B

AGREEMENT FOR STATE ADMINISTRATION

OF CITY TRANSACTIONS AND USE TAXES
The City Council of the City of Clovis has adopted, and the voters of the City of Clovis (hereafter called “City” or “District”) have approved by the required majority vote, the City of Clovis Transactions and Use Tax Ordinance (hereafter called “Ordinance”), a copy of which is attached hereto. To carry out the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code and the Ordinance, the California State Department of Tax and Fee Administration, (hereinafter called the “Department”) and the City do agree as follows:

ARTICLE I

DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear in the Agreement, they shall be interpreted to mean the following:

1. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed under an ordinance specifically authorized by Revenue and Taxation code Section 7285.9, and in compliance with Part 1.6, Division 2 of the Revenue and Taxation Code.

2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to above and attached hereto, Ordinance Nos.24-14 and 24-15, as amended from time to time, or as deemed to be amended from time to time pursuant to Revenue and Taxation Code Section 7262.2.

ARTICLE II

ADMINISTRATION AND COLLECTION

OF CITY TAXES
A. Administration. The Department and City agree that the Department shall perform exclusively all functions incident to the administration and operation of the City Ordinance. 30 AGENDA ITEM NO. 4.
(Rev. 7/24) 2
B. Other Applicable Laws. City agrees that all provisions of law applicable to the administration and operation of the Department Sales and Use Tax Law which are not inconsistent with Part 1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from that Fund for any authorized purpose, including making refunds, compensating and reimbursing the Department pursuant to Article IV of this Agreement, and transmitting to City the amount to which City is entitled.

C. Transmittal of money.

1. For the period during which the tax is in effect, and except as otherwise provided herein, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City periodically as promptly as feasible, but not less often than twice in each calendar quarter.

2. For periods subsequent to the expiration date of the tax whether by City’s self-imposed limits or by final judgment of any court of the State of California holding that City’s ordinance is invalid or void, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City not less than once in each calendar quarter.

3. Transmittals may be made by mail or electronic funds transfer to an account of the City designated and authorized by the City. A statement shall be furnished at least quarterly indicating the amounts withheld pursuant to Article IV of this Agreement.

D. Rules. The Department shall prescribe and adopt such rules and regulations as in its judgment are necessary or desirable for the administration and operation of the City Ordinance and the distribution of the district taxes collected thereunder.

E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this Agreement, the Department shall give no preference in applying money received for state sales and use taxes, state-administered local sales and use taxes, and district transactions and use taxes owed by a taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties, cities and counties, redevelopment agencies, other districts, and City as their interests appear. 31 AGENDA ITEM NO. 4.
(Rev. 7/24) 3
F. Security. The Department agrees that any security which it hereafter requires to be furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will be available for the payment of the claims of City for district taxes owing to it as its interest appears.

The Department shall not be required to change the terms of any security now held by it, and City shall not participate in any security now held by the Department.

G. Records of the Department.

When requested by resolution of the legislative body of the City under section 7056 of the Revenue and Taxation Code, the Department agrees to permit authorized personnel of the City to examine the records of the Department, including the name, address, and account number of each seller holding a seller’s permit with a registered business location in the City, pertaining to the ascertainment of transactions and use taxes collected for the City. Information obtained by the City from examination of the Department's records shall be used by the City only for purposes related to the collection of transactions and use taxes by the Department pursuant to this Agreement.

H. Annexation. City agrees that the Department shall not be required to give effect to an annexation, for the purpose of collecting, allocating, and distributing District transactions and use taxes, earlier than the first day of the calendar quarter which commences not less than two months after notice to the Department. The notice shall include the name of the county or counties annexed to the extended City boundary. In the event the City shall annex an area, the boundaries of which are not coterminous with a county or counties, the notice shall include a description of the area annexed and two maps of the City showing the area annexed and the location address of the property nearest to the extended City boundary on each side of every street or road crossing the boundary.

ARTICLE III

ALLOCATION OF TAX
A. Allocation. In the administration of the Department's contracts with all districts that impose
B. transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2 of the Revenue and Taxation Code:
32 AGENDA ITEM NO. 4.
(Rev. 7/24) 4

1. Any payment not identified as being in payment of liability owing to a designated district or districts may be apportioned among the districts as their interest appear, or, in the discretion of the Department, to all districts with which the Department has contracted using ratios reflected by the distribution of district taxes collected from all taxpayers.

2. All district taxes collected as a result of determinations or billings made by the Department, and all amounts refunded or credited may be distributed or charged to the respective districts in the same ratio as the taxpayer's self-declared district taxes for the period for which the determination, billing, refund or credit applies.

B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for registration or on the certificate of ownership may be used by the Department in determining the place of use.

ARTICLE IV

COMPENSATION
The City agrees to pay to the Department as the State's cost of administering the City Ordinance such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the Department for the City.

ARTICLE V

MISCELLANEOUS PROVISIONS
A. Communications. Communications and notices may be sent by first class United States mail to the addresses listed below, or to such other addresses as the parties may from time to time designate or through email at [email protected]. If and when communications and notices may include confidential information, communications and notices must be sent through encrypted email at [email protected] or by mail.
33 AGENDA ITEM NO. 4.
(Rev. 7/24) 5
Communications and notices to be sent to the Department shall be addressed to:

California State Department of Tax and Fee Administration P.O. Box 942879
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to the City shall be addressed to:
_City Manager__________________________________________ _1033 Fifth St.__________________________________________ _Clovis, CA 93612_______________________________________ Unless otherwise directed, transmittals of payment of District transactions and use taxes will be sent to the address above.

B. Term. The date of this Agreement is the date on which it is approved by the Department of General Services. The Agreement shall take effect on April 1, 2025. This Agreement shall continue until December 31 next following the expiration date of the City Ordinance, and shall thereafter be renewed automatically from year to year until the Department completes all work necessary to the administration of the City Ordinance and has received and disbursed all payments due under that Ordinance.

C. Notice of Repeal of Ordinance. City shall give the Department written notice of the repeal of the City Ordinance not less than 110 days prior to the operative date of the repeal. 34 AGENDA ITEM NO. 4.
(Rev. 7/24) 6

ARTICLE VI

ADMINISTRATION OF TAXES IF THE

ORDINANCE IS CHALLENGED AS BEING INVALID
A. Impoundment of funds.

1. When a legal action is begun challenging the validity of the imposition of the tax, the City shall deposit in an interest-bearing escrow account, any proceeds transmitted to it under Article II. C., until a court of competent jurisdiction renders a final and non-appealable judgment that the tax is valid.

2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall transmit to the Department the moneys retained in escrow, including any accumulated interest, within ten days of the judgment of the trial court in the litigation awarding costs and fees becoming final and non-appealable.

B. Costs of administration. Should a final judgment be entered in any court of the State of California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that:

1. Department may retain all payments made by City to Department to prepare to administer the City Ordinance.

2. City will pay to Department and allow Department to retain Department's cost of administering the City Ordinance in the amounts set forth in Article IV of this Agreement.

3. City will pay to Department or to the State of California the amount of any taxes plus interest and penalties, if any, that Department or the State of California may be required to rebate or refund to taxpayers.
35 AGENDA ITEM NO. 4.
(Rev. 7/24) 7

4. City will pay to Department its costs for rebating or refunding such taxes, interest, or penalties. Department's costs shall include its additional cost for developing procedures for processing the rebates or refunds, its costs of actually making these refunds, designing and printing forms, and developing instructions for Department's staff for use in making these rebates or refunds and any other costs incurred by Department which are reasonably appropriate or necessary to make those rebates or refunds. These costs shall include Department's direct and indirect costs as specified by Section 11256 of the Government Code.

5. Costs may be accounted for in a manner, which conforms to the internal accounting, and personnel records currently maintained by the Department. The billings for such costs may be presented in summary form. Detailed records will be retained for audit and verification by City.

6. Any dispute as to the amount of costs incurred by Department in refunding taxes shall be referred to the State Director of Finance for resolution and the Director's decision shall be final.

7. Costs incurred by Department in connection with such refunds shall be billed by Department on or before the 25th day of the second month following the month in which the judgment of a court of the State of California holding City's Ordinance invalid or void becomes final. Thereafter Department shall bill City on or before the 25th of each month for all costs incurred by Department for the preceding calendar month. City shall pay to Department the amount of such costs on or before the last day of the succeeding month and shall pay to Department the total amount of taxes, interest, and penalties refunded or paid to taxpayers, together with Department costs incurred in making those refunds.

CITY OF ____________________________ CALIFORNIA STATE DEPARTMENT OF

TAX AND FEE ADMINISTRATION
By By
(Signature) Administrator
Local Revenue Branch
John Holt
(Typed Name) Date: _______________________________
City Manager
(Title)
36 AGENDA ITEM NO. 4.
(Rev. 7/24) 8
(Date)
37 AGENDA ITEM NO. 4.

ATTACHMENT 2
RESOLUTION 24-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS

AUTHORIZING EXAMINATION OF SALES OR TRANSACTIONS AND USE TAX

RECORDS
WHEREAS, pursuant to Ordinance Number 307, the City of Clovis (City) entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of sales and use taxes; and WHEREAS, pursuant to Ordinance Numbers 99-26 and 24-15 and Revenue and Taxation Code section 7270, the City of Clovis (City) entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of transactions and use taxes; and WHEREAS, the City Council of the City of Clovis deems it desirable and necessary for authorized officers, employees, and representatives of the City to examine confidential sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected by the Department for the City pursuant to that contract; and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department.

NOW, THEREFORE, the City of Clovis hereby resolves as follows:

1. The following authorized position titles are hereby appointed, individually and jointly, to represent the City with authority to examine sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department pursuant to the contract between the City and the Department.  City Manager
 Assistant City Manager
 Finance Director
 Assistant Finance Director
 Deputy Finance Director
Additionally, the aforementioned authorized position titles are authorized to designate other individuals, or officers or employees of the City, by name and/or position title, in writing to the California Department of Tax and Fee Administration as appointed to represent the City with authority to examine sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department pursuant to the contract between the City and the Department. 38 AGENDA ITEM NO. 4.

2. The information obtained by examination of Department records shall be used only for purposes related to the collection of City sales or transactions and use taxes by the Department pursuant to that contract and review of records to determine accuracy of tax allocation.

3. Hinderliter, De Llamas and Associates (HdL), the City’s contracted tax consultant is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department.

HdL meets all of the following conditions, which are also included in the contract between the City and the HdL:
a) has an existing contract with the City to examine those sales or transactions and use tax records;
b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information; c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract; and
d) is prohibited by that contract from retaining the information contained in or derived from those sales or transactions and use tax records, after that contract has expired.

4. Any information obtained by examination of Department records shall be used only for purposes related to the collection of City sales or transactions and use taxes by the Department pursuant to the contract between the City and the Department.

5. This resolution supercedes all prior resolutions of the City Council of the City of Clovis adopted pursuant to subdivision (b) of Revenue and Taxation Code section 7056. * * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on December 16, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: December 16, 2024
______________________________ ______________________________ Mayor City Clerk
39 AGENDA ITEM NO. 4.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: December 16, 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. 40 AGENDA ITEM NO. 5.

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 I
Reviewed by: City Manager AH
41 AGENDA ITEM NO. 5.

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, by the City of Clovis:

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 December 16, 2024, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:
______________________________ ______________________________ Mayor City Clerk
42 AGENDA ITEM NO. 5.

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 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 SPR 2022-014 288 W Shaw Ave Brown and Associates Clovis, LLC SPR 2023-003 615 Barstow Ave Lucido Family Partnership, 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-24-02005 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 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
43 AGENDA ITEM NO. 5.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: December 16, 2024
SUBJECT: Planning and Development Services – Approval – Bid Award for CIP 24- 06, New Bus Stops: B2 to Cervantes Landscape Services, Inc., in the amount of $167,172.00; and authorize the City Manager to execute the contract on behalf of the City.

ATTACHMENTS: 1. Vicinity Map

RECOMMENDATION

1. For the City Council to award a contract for CIP 24-06 New Bus Stops: B2 to Cervantes Landscape Services, Inc., in the amount of $167,172.00; and

2. For the City Council to authorize the City Manager to execute the contract on behalf of the City.

EXECUTIVE SUMMARY
Staff is recommending that City Council award the contract to Cervantes Landscape Services, Inc., who was the lowest responsible bidder from a bid opening that took place on November 19, 2024, and authorize the City Manager to execute the project contract on behalf of the City.

The project consists of the constructing of new bus stops in various locations within the city limits and the City of Fresno. The purpose of the project is to provide ADA compliant bus stops as part of the new bus routes. The construction involves the demolition of landscape and sidewalks in the proposed locations and the pouring of new concrete pads and retaining curbs, sidewalks, and restoration of landscape, as necessary.
44 AGENDA ITEM NO. 6.

BACKGROUND
The following is a summary of the bids received on November 19, 2024:

BIDDERS BASE BID
Cervantes Landscape Services, Inc. $167,172.00
Clean Cut Landscape Incorporated $178,495.00
Dave Christian Construction Co., Inc. $196,256.00
Garcia Paving, Inc. $346,124.86
ENGINEER’S ESTIMATE $175,700.00
All bids were examined after the bid opening. Staff is recommending that immaterial and inconsequential discrepancies in the Cervantes Landscape Services, Inc. (CLS), bid be waived as authorized and the bid submitted by CLS be determined responsive and the project contract be awarded to CLS as the lowest responsive and responsible bidder. Staff has validated the lowest bidder contractor’s license status and bond, and all items required of the contractor at the time of contract award.

Clean Cut Landscape, Inc., the second lowest bidder, filed a bid protest on November 25, 2024, contending the lower bid submitted by CLS was not a responsive bid and the contract could not be awarded to CLS. Although Clean Cut’s bid protest was not submitted in a timely manner in accordance with the instructions in the bid documents for submitting bid protests, City staff and the City Attorney's office have nevertheless reviewed and considered each of the three points raised in Clean Cut’s protest and further addressed in letter submitted by Clean Cut’s legal counsel submitted on Friday afternoon, December 6, 2024.

Two of the noted discrepancies in the CLS bid – (1) not including the written words for the amounts of the unit prices and total bid price (although the figures were included and all added up correctly), and (2) the typed-in bid date and date inserted as the date the bid bond was signed by the CLS representative on page one of the bid bond being a different date than the date noted on the bid bond signature notary acknowledgement (page two of the bid bond) - are immaterial and inconsequential discrepancies that do not affect the amount of the bid, do not constitute a material mistake in the CLS bid, and do not give CLS an unfair competitive advantage over other bidders. Accordingly, the City has discretion to waive (or not waive) such discrepancies and determine the CLS bid is responsive. Staff is recommending waiving the immaterial and inconsequential discrepancies and determining the CLS bid as responsive and awarding the contract to CLS.

The third point raised in Clean Cut’s bid protest was a purported failure by CLS to provide a certificate by the Clean Air Resources Board (CARB) with its bid. The CARB certificate requirement applies to the use of certain vehicles by a contractor. But the applicable regulation requires the contractor to provide the CARB certificate prior to entering into a contract with the City. There is no requirement to provide the CARB certificate at the time of bid submittal. Staff has received the CARB certificate from CLS for the vehicles to be used for this project. As a 45 AGENDA ITEM NO. 6.
result, CLS has satisfied the requirement to provide the CARB certificate before entering into a contract with the City.

Accordingly, City staff recommends waiving the noted discrepancies with the CLS bid and approving the award of this contract to Cervantes Landscape Services, Inc.

FISCAL IMPACT
This project was budgeted in the 2024-2025 Community Investment Program. The project is supported by Low Carbon Transit Operations Program (LCTOP) through the City Community Investment Program.

REASON FOR RECOMMENDATION
Cervantes Landscape Services, Inc., is the lowest responsible bidder and submitted a responsive bid. There are sufficient funds available for the anticipated cost of this project.

ACTIONS FOLLOWING APPROVAL

1. The contract will be prepared and executed, subject to the Contractor providing performance security that is satisfactory to the City.

2. Construction will begin approximately two (2) weeks after contract execution and be completed in forty (40) working days thereafter.

CONFLICT OF INTEREST
None.

Prepared by: Benjamin Little, Project Engineer
Reviewed by: City Manager AH
46 AGENDA ITEM NO. 6.

ATTACHMENT 1
0 0.5 1 2
Miles

CITY LIMITS SPHERE OF INFLUENCE
Willow
Peach
Clovis
Sunnyside
Fowler
Armstrong
Temperance
Locan
De Wolf
Shepherd
Teague
Nees
Alluvial
Herndon
Sierra
Bullard
Barstow
Shaw
Gettysburg
Ashlan
Dakota
Minnewawa
Leonard
Highland
Perrin
Behymer
International
Copper
Thompson
McCall

VICINITY MAP
Print Date: November 20, 2024 Benjamin Little
CIP 24-06 New Bus Stops: B2
Project Locations
Attachment 1
47 AGENDA ITEM NO. 6.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: December 16, 2024
SUBJECT: Planning and Development Services – Approval – Res. 24-115A, A Resolution of the Clovis City Council: Amending Resolution 24-115 to include an additional finding necessary to approve the adoption of the City of Clovis Sixth Cycle Housing Element, and authorizing staff to submit the Housing Element to the California Department of Housing and Community Development.

ATTACHMENTS: 1. Res. 24-115A

RECOMMENDATION
Staff recommends that the City Council take action to approve the updated Res. 24-115A amending Resolution 24-115 to include an additional finding necessary for the adoption of the City’s Housing Element.

EXECUTIVE SUMMARY
At its November 4, 2024, meeting, the City Council approved Resolution 24-115, approving an addendum to the General Plan EIR and adopting the Housing Element. The final Housing Element was submitted to the California Department of Housing and Community Development (HCD) on November 8, 2024. HCD has a 60-day review period to issue a final findings letter, which is due by January 7, 2025. During the review, HCD has identified an omission from Resolution 24-115 approved by the City Council, a required finding related to the City’s site inventory. The attached resolution amends Resolution 24-115 to include the necessary finding to address the requisite site inventory finding.

BACKGROUND
As noted above, the Council adopted Resolution 24-115 on November 4, 2024, approving the City’s Housing Element. During the statutory 60-day review period, HCD identified a key finding missing from Resolution 24-115. To address this, a new resolution amending Resolution 24-115 to include specific language pertaining to the sites inventory must be approved. The updated resolution amends Resolution 24-115 to include the following language as a required finding:
“Based on substantial evidence in the record including the location, existing use, development interest, market conditions and recent development trends, and regulatory incentives for 48 AGENDA ITEM NO. 7.
development, the existing uses on the non-vacant sites identified in the site inventory to accommodate the RHNA are likely to be discontinued during the planning period and therefore do not constitute an impediment to planned residential development on the site during the planning period.”
Because the November 4, 2024, administrative record already supports this finding, amending Resolution 24-115 does not require an additional public hearing. Once the resolution is approved, staff will submit it to HCD for inclusion in the review process. This correction is among the final steps needed for HCD’s certification review. Completing this action within the statutory 60-day review period is essential to provide HCD adequate time to verify the correction and issue certification.

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
The City must respond to HCD’s comments and corrections during the Housing Element review process. This includes adopting a resolution amending Resolution 24-115 to incorporate specific findings related to the site inventory that were omitted in the initial resolution. This amendment is a critical step toward obtaining Housing Element certification.

ACTIONS FOLLOWING APPROVAL
The revised resolution will be submitted to HCD for inclusion in their review process.

CONFLICT OF INTEREST
None.

Prepared by: Lily Cha, Senior Planner
Reviewed by: City Manager AH
49 AGENDA ITEM NO. 7.

Attachment 1
RESOLUTION 24-115A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
AMENDING RESOLUTION 24-115 (ATTACHMENT A) TO INCLUDE AN ADDITIONAL

FINDING NECESSARY TO APPROVE THE ADOPTION OF THE CITY OF CLOVIS SIXTH

CYCLE HOUSING ELEMENT, AND AUTHORIZING STAFF TO SUBMIT THE HOUSING

ELEMENT TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT
WHEREAS, the City of Clovis, 1033 Fifth Street, Clovis CA, 93619, initiated an application for General Plan Amendment 2024-005 for the adoption of the City’s Sixth Cycle Housing Element (“Housing Element” or “GPA 2024-005”); and WHEREAS, the City has prepared the Housing Element in conformity with provisions of State Housing Element Law pursuant to California Government Code section 65580, et seq.; and
WHEREAS, on July 22, 2024, the California Department of Housing and Community Development (“HCD”) issued a letter stating that the City’s Draft Housing Element and associated revisions meet the statutory requirements of State Housing Element Law and will comply with State law upon its adoption and submission to HCD pursuant to Government Code section 65585; and
WHEREAS, an addendum to the General Plan EIR has been prepared for the proposed Housing Element in accordance with Section 15164 of the California Environmental Quality Act (“CEQA”) Guidelines, which specifies that an addendum is appropriate in instances when some changes or additions are necessary but none of the conditions described in Section 15162 of the CEQA Guidelines calling for the preparation of a subsequent EIR have occurred; and WHEREAS, at its October 3, 2024, meeting, the Clovis Planning Commission conducted a duly noticed public hearing and considered the addendum and proposed GPA 2024-005, found that none of the conditions described in Section 15162 of the CEQA Guidelines had occurred, and thereafter voted and adopted a resolution recommending that the City Council approve GPA 2024-005; and
WHEREAS, the Planning Commission’s recommendation was forwarded to the City Council for the Council’s consideration; and
WHEREAS, the City published notice of the public hearing for GPA 2024-005 in the Fresno Business Journal on October 21, 2024, more than ten (10) days prior to the City Council 50 AGENDA ITEM NO. 7.
hearing, and otherwise posted notice of the public hearing in accordance with applicable law; and
WHEREAS, a duly noticed public hearing was held on November 4, 2024, and the City Council approved Resolution 24-115, which is hereby incorporated by this reference herein, approving the addendum to the General Plan EIR and adopting the City’s Sixth Cycle Housing Element; and
WHEREAS, on November 8, 2024, the City submitted the final adopted Housing Element to HCD for its final 60-day review period to issue a final finding letter; and WHEREAS, during HCD’s review of the City’s Housing Element, it notified City staff that Resolution 24-115 was missing a specific finding relating to the City’s site inventory of nonvacant sites used to accommodate the Regional Housing Needs Assessment (“RHNA”) and requested the City take action to make that necessary finding; and WHEREAS, the City Council had the opportunity to review and consider the entire administrative record relating to the Housing Element at the time Resolution 24-155 was approved, and the administrative record has remained on file with the City of Clovis Department of Planning and Development Services (“Department”) since before Resolution 24-155 was approved, and the City Council has 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 reports, the written materials submitted with the request, and the verbal and written testimony and other evidence presented during the public hearing (“Administrative Record”) which supports the missing finding necessary for HCD’s certification of the City’s Housing Element.

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

1. Resolution 24-115 is hereby amended to include the following additional finding:
a. Based on substantial evidence in the record including the location, existing use, development interest, market conditions and recent development trends, and regulatory incentives for development, the existing uses on the non-vacant sites identified in the site inventory to accommodate the RHNA are likely to be discontinued during the planning period and therefore do not constitute an impediment to planned residential development on the site during the planning period.

2. The basis for this finding is detailed in the November 4, 2024, and December 16, 2024, staff reports, which are hereby incorporated by reference, the entire Administrative 51 AGENDA ITEM NO. 7.

Record, as well as the evidence and comments presented during the November 4, 2024, public hearing.

3. This Resolution amends the original Resolution 24-115 only to the extent necessary to include the additional finding required for adoption of the City’s Sixth Cycle Housing Element as referenced above in Section 1, subdivision (a) of this Resolution, and except to the extent specifically amended by this Resolution, the original Resolution 24-115 shall remain in full force and effect.

4. The City Council hereby directs Department staff to submit Resolution 24-115 and this Resolution to HCD for review and certification of the City’s Sixth Cycle Housing Element. * * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on December 16, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: December 16, 2024
_____________________________ ______________________________ Mayor City Clerk
52 AGENDA ITEM NO. 7.
53 AGENDA ITEM NO. 7.
54 AGENDA ITEM NO. 7.
55 AGENDA ITEM NO. 7.

TO: Mayor and City Council
FROM: Public Utilities Department
DATE: December 16, 2024
SUBJECT: Public Utilities – Approval – Waive Formal Bidding Requirements and Authorize the Purchase of Six (6) 2025 Dodge Durango Police Department Patrol Vehicles from National Auto Fleet Group Using the Sourcewell Purchasing Contract in the Total Amount of $383,195.40; and Approval – Res. 24-___, Amending the 2024-2025 Fleet Capital Acquisition Budget to Allocate $190,000 of Funds for the Purchase of Two (2) 2025 Dodge Durango Police Department Patrol Vehicles.

ATTACHMENTS: 1. Resolution and Budget Amendment

RECOMMENDATION

1. For the City Council to approve waiving the City’s formal bidding requirements and authorize purchasing six (6) 2025 Dodge Durango patrol vehicles for $63,865.90 each for a combined total of $383,195.40, including tax and delivery fees, from National Auto Fleet Group utilizing the Sourcewell Purchasing Contract 091521-NAF; and

2. Approve a resolution amending the 2024-2025 Fleet Capital Acquisition Budget to allocate funds for the purchase of two (2) 2025 Dodge Durango Police Department patrol vehicles to replace vehicles damaged in accidents.

EXECUTIVE SUMMARY
There are funds in this fiscal year’s Fleet Capital Acquisition Budget to purchase four (4) 2025 Dodge Durango patrol vehicles for the Police Department (PD), and staff are requesting approval of a budget amendment to allocate funds for the purchase and build-out of two (2) additional vehicles to replace existing vehicles damaged in accidents. National Auto Fleet Groups’ bid price for the six (6) new patrol vehicles is $383,195.40, or $63,865.90 each, including tax, delivery fees, and Sourcewell pricing discount.

The Sourcewell Purchasing Contract, formerly the National Joint Powers Alliance (NJPA) contract, is a nationwide public procurement service that makes the governmental procurement process more efficient. All contracts available to participating members have been awarded by virtue of a public competitive procurement process compliant with state statutes. 56 AGENDA ITEM NO. 8.

BACKGROUND
The recommended equipment is available through the Sourcewell Cooperative Purchasing Contract, formerly the NJPA contract. Sourcewell is a cooperative purchasing contract that allows dealerships like National Auto Fleet Group to respond to a Request for Proposals (RFP) that covers a large group of government buyers, and it allows a large group of government buyers with similar interests to leverage their buying power to obtain government-only discounts on products.

The Fleet Fund includes a vehicle and equipment replacement program where the different divisions within City departments budget for and contribute a set amount of money annually for the future scheduled replacement of a vehicle or piece of equipment. This allows each department, and the divisions within each department, to financially plan for the large capital expense of purchasing new vehicles and equipment that need to be replaced due to age, wear and tear, or to meet regulatory requirements. Depending on the condition and need of the vehicle or equipment being replaced, it will be moved from front-line operation and may be kept as a back-up, or it will be auctioned off in the City’s vehicle and equipment surplus program.

In addition to the four (4) vehicles included in the Fleet Capital Acquisition Budget and scheduled to be purchased this fiscal year, two police patrol vehicles were damaged in accidents and have been deemed totaled. The replacement of these two vehicles was not included in the 2024-2025 Fleet Capital Acquisition Budget; therefore, staff are requesting approval of a budget amendment to allocate funds for the purchase of the replacement vehicles. The Central San Joaquin Valley Risk Management Authority (CSJVRMA) is expected to reimburse the City for a portion of the cost to replace the vehicles.

FISCAL IMPACT
Funds were included in the 2024-2025 Fleet Capital Acquisition Budget, often referred to as the Fleet Renewal or Fleet Replacement Budget, to purchase and build out four (4) new patrol vehicles. The Police Department has accumulated the necessary funds for this purchase.

Staff are requesting approval of a budget amendment to allocate funds ($190,000) for the purchase and build-out of two (2) additional vehicles to replace existing vehicles damaged in accidents. It is estimated that the Central San Joaquin Valley Risk Management Authority (CSJVRMA) will reimburse the City $140,000 for the totaled vehicles. The remaining $50,000 will be paid for by accumulated PD fleet renewal funds from the Fleet Fund.

REASON FOR RECOMMENDATION
The Police Department has hired additional patrol officers, requiring the purchase of four (4) additional vehicles, and two (2) vehicles are needed to replace vehicles that were in accidents and have been deemed totaled. Staff have evaluated the available vehicles and have determined that they meet the needs of the Police Department. The proposed method of purchasing the vehicles is cost-effective and funds are available.

ACTIONS FOLLOWING APPROVAL

1. Purchase orders will be prepared for the City Manager’s approval and sent to the vendor.

2. Funds will be appropriated in the City of Clovis 2024-2025 Fleet Capital Acquisition Budget for PD as specified in the attached budget amendment.
57 AGENDA ITEM NO. 8.

CONFLICT OF INTEREST
None.

Prepared by: Jim Stringfield, Fleet Manager
Reviewed by: City Manager AH
58 AGENDA ITEM NO. 8.

ATTACHMENT 1
RESOLUTION 24-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS

APPROVING AN AMENDMENT TO THE ANNUAL BUDGET FOR
FISCAL YEAR 2024-2025
WHEREAS, the City Council adopted the 2024-2025 Budget on June 10, 2024; and WHEREAS, the City Council is amending the 2024-2025 Budget to include additional expenditures in the Fleet Acquisition Budget to fund the purchase of two (2) Police Department Dodge Durango patrol vehicles to replace vehicles damaged in accidents; and WHEREAS, the Police patrol vehicles damaged in accidents have been deemed totaled, and it is estimated that the Central San Joaquin Valley Risk Management Authority (CSJVRMA) will reimburse the City $140,000; and
WHEREAS, the revenues and expenditures were not included in the 2024-2025 Budget.

NOW, THEREFORE, BE IT RESOLVED, by the City of Clovis to approve the budget amendment as shown in the “Summary of Expenditures by Department,” “Summary of Expenditures by Fund,” “Summary of Revenues by Department,” and “Summary of Revenues by Fund,” attached 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 December 16, 2024, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:
______________________________ ______________________________ Mayor City Clerk
59 AGENDA ITEM NO. 8.

ATTACHMENT A

SUMMARY OF EXPENDITURES BY DEPARTMENT
Department
Public Utilities Department $190,000.00
Fleet Capital Acquisition (75100-68705)
Total $190,000.00

SUMMARY OF EXPENDITURES BY FUND
Fund
Fleet Fund $190,000.00
Total $190,000.00

SUMMARY OF REVENUES BY DEPARTMENT
Department
Public Utilities Department $140,000.00
Fleet Capital Acquisition – (75100-47821)
Restitution-Damage Reimbursement
Total $140,000.00

SUMMARY OF REVENUES BY FUND
Fund
Fleet Fund $140,000.00
Total $140,000.00
60 AGENDA ITEM NO. 8.

TO: Mayor and City Council
FROM: Public Utilities Department
DATE: December 16, 2024
SUBJECT: Public Utilities – Approval – Waive Formal Bidding Requirements and Authorize the Purchase of One (1) Vactor 2112-18 Sewer Cleaning Truck from Haaker Equipment Company Using the Sourcewell Cooperative Purchasing Contract in the Amount of $702,379.53; and Approval – Res. 24-___, Amending the 2024-2025 Sewer Enterprise Budget to Allocate $210,000 of Additional Funds for the Purchase of a Sewer Cleaning Truck.

ATTACHMENTS: 1. Resolution and Budget Amendment

RECOMMENDATION

1. For the City Council to waive formal bidding requirements and authorize the purchase of one (1) Vactor 2112-18 sewer cleaning truck from Haaker Equipment Company in the amount of $702,379.53, including tax and freight.

2. Approve a resolution amending the 2024-2025 Sewer Enterprise Budget to allocate funds for the purchase of a sewer cleaning truck.

EXECUTIVE SUMMARY
The existing sewer cleaning equipment has been in service for 10 years and is scheduled to be replaced due to its age. The competitively bid contract price of $702,379.53 is from Haaker Equipment Company, using the Sourcewell Cooperative Purchasing Contract. In recent years, staff have seen a significant increase in the cost of specialty equipment. $500,000 was allocated in this fiscal year’s Fleet Renewal Budget for the purchase of this equipment. Staff are requesting Council to approve a resolution to amend the 2024-2025 Sewer Enterprise Budget to allocate the remaining funds needed for the purchase of this equipment.

The Sourcewell Cooperative Purchasing Contract, formerly the National Joint Powers Alliance (NJPA) contract, is a nationwide public procurement service that makes the governmental procurement process more efficient. All contracts available to participating members have been awarded by virtue of a public competitive procurement process compliant with state statutes. 61 AGENDA ITEM NO. 9.

BACKGROUND
The recommended equipment is available through the Sourcewell Cooperative Purchasing Contract, formerly the NJPA contract. Sourcewell is a cooperative purchasing contract that allows a manufacturer like Vactor to respond to a Request for Proposals (RFP) that covers a large group of government buyers, and it allows a large group of government buyers with similar interests to leverage their buying power to obtain government-only discounts on products.

The Fleet Fund includes a vehicle and equipment replacement program where the different divisions within City departments budget for and contribute a set amount of money annually for the future scheduled replacement of a vehicle or piece of equipment. This allows each department, and the divisions within each department, to financially plan for the large capital expense of purchasing new vehicles and equipment that need to be replaced due to age, wear and tear, or to meet regulatory requirements. Depending on the condition and need of the vehicle or equipment being replaced, it will be moved from front-line operation and may be kept as a back-up, or it will be auctioned off in the City’s vehicle and equipment surplus program.

FISCAL IMPACT
Funds were included in the 2024-2025 Fleet Capital Acquisition Budget, often referred to as the Fleet Renewal or Fleet Replacement Budget. Staff are requesting Council to approve a resolution to amend the Sewer Enterprise Budget to allocate the remaining funds not collected in the Fleet Replacement Budget (a total of $210,000) to purchase the vehicle. The Sewer Enterprise Fund has the necessary funds for the purchase of the equipment.

REASON FOR RECOMMENDATION
The existing sewer cleaning truck has been in service for over 10 years and is scheduled for replacement. Sufficient funds are available for the replacement of the equipment. Staff have evaluated the available equipment and have determined that it meets the needs of the Public Utilities Department Wastewater Division.

ACTIONS FOLLOWING APPROVAL

1. Purchase orders will be prepared for the City Manager’s approval and sent to the vendor.

2. Funds will be appropriated in the City of Clovis 2024-2025 Sewer Enterprise Budget as specified in the attached budget amendment.

CONFLICT OF INTEREST
None.

Prepared by: Jim Stringfield, Fleet Manager
Reviewed by: City Manager AH
62 AGENDA ITEM NO. 9.

ATTACHMENT 1
RESOLUTION 24-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS

APPROVING AN AMENDMENT TO THE ANNUAL BUDGET FOR
FISCAL YEAR 2024-2025
WHEREAS, the City Council adopted the 2024-2025 Budget on June 10, 2024; and WHEREAS, the City Council is amending the 2024-2025 Budget to include additional expenditures in the Sewer Enterprise Budget to fund the purchase of a Sewer Cleaning Truck; and
WHEREAS, the expenditures were not included in the 2024-2025 Budget.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Clovis approves the budget amendment as shown in the “Summary of Expenditures by Department” and “Summary of Expenditures by Fund,” attached 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 December 16, 2024, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:
______________________________ ______________________________ Mayor City Clerk
63 AGENDA ITEM NO. 9.

ATTACHMENT A

SUMMARY OF EXPENDITURES BY DEPARTMENT
Department
Public Utilities Department $210,000.00
Sewer Enterprise (76500-68525)
Total $210,000.00

SUMMARY OF EXPENDITURES BY FUND
Fund
Sewer Enterprise Fund $210,000.00
Total $210,000.00

NET GENERAL FUND SUPPORT
Total $0
64 AGENDA ITEM NO. 9.

TO: Mayor and City Council
FROM: Public Utilities Department
DATE: December 16, 2024
SUBJECT: Public Utilities – Approval – Waive Formal Bidding Requirements and Authorize the Purchase of One (1) 2026 Autocar Frontload Refuse Truck from Affinity Truck Center Using the Sourcewell Cooperative Purchasing Contract in the Amount of $436,737.73.

ATTACHMENTS: None.

RECOMMENDATION
For the City Council to waive formal bidding requirements and authorize the purchase of one (1) 2026 Autocar frontload refuse truck from Affinity Truck Center in the amount of $436,737.73, including tax and freight.

EXECUTIVE SUMMARY
There are funds in this fiscal year’s Fleet Renewal Budget to purchase a 2026 Autocar frontload refuse truck for the Public Utilities Department Solid Waste Division. The existing equipment is scheduled to be replaced due to its age. The competitively bid contract price of $436,737.73 is from Affinity Truck Center using the Sourcewell Cooperative Purchasing Contract. The new vehicle will meet all emissions requirements.

The Sourcewell Cooperative Purchasing Contract, formerly the National Joint Powers Alliance (NJPA) contract, is a nationwide public procurement service that makes the governmental procurement process more efficient. All contracts available to participating members have been awarded by virtue of a public competitive procurement process compliant with state statutes.

BACKGROUND
The recommended equipment is available through the Sourcewell Cooperative Purchasing Contract, formerly the NJPA contract. Sourcewell is a cooperative purchasing contract that allows a manufacturer like Autocar to respond to a Request for Proposals (RFP) that covers a large group of government buyers, and it allows a large group of government buyers with similar interests to leverage their buying power to obtain government-only discounts on products.

The Fleet Fund includes a vehicle and equipment replacement program where the different divisions within City departments budget for and contribute a set amount of money annually for 65 AGENDA ITEM NO. 10.
the future scheduled replacement of a vehicle or piece of equipment. This allows each department, and the divisions within each department, to financially plan for the large capital expense of purchasing new vehicles and equipment that need to be replaced due to age, wear and tear, or to meet regulatory requirements. Depending on the condition and need of the vehicle or equipment being replaced, it will be moved from front-line operation and may be kept as a back-up, or it will be auctioned off in the City’s vehicle and equipment surplus program.

FISCAL IMPACT
Funds were included in the 2024-2025 Fleet Capital Acquisition Budget, often referred to as the Fleet Renewal or Fleet Replacement Budget. The Solid Waste Division has provided the necessary funds for purchase of the equipment.

REASON FOR RECOMMENDATION
The existing frontload refuse truck has been in service for 8 years and is scheduled for replacement. Sufficient funds have been collected for replacement of the equipment. Staff have evaluated the available equipment and have determined that it meets the needs of the Public Utilities Department Solid Waste Division. The proposed method of purchasing the equipment is cost-effective and funds are available

ACTIONS FOLLOWING APPROVAL
Purchase orders will be prepared for the City Manager’s approval and sent to the vendor.

CONFLICT OF INTEREST
None.

Prepared by: Jim Stringfield, Fleet Manager
Reviewed by: City Manager AH
66 AGENDA ITEM NO. 10.
67 AGENDA ITEM NO. 11.

TO: Mayor and City Council
FROM: General Services Department
DATE: December 16, 2024
SUBJECT: Consider Approval – City Manager Employment Agreement with Andrew Haussler, and Appointment of Andrew Haussler as City Manager effective January 1, 2025.

Staff: Amy Hance, General Services Director
Recommendation: Approve
ATTACHMENTS: 1. City Manager Employment Agreement

RECOMMENDATION
For City Council to approve the City Manager Employment Agreement (Attachment 1), which sets forth the terms and conditions of the appointment of Andrew Haussler as City Manager effective January 1, 2025, for a period of three years.

EXECUTIVE SUMMARY
Following a recruitment and selection process, the City Council has selected Andrew Haussler as City Manager. An employment agreement specifying the terms and conditions of employment is attached for the Council’s approval.

BACKGROUND
The City’s current City Manager is retiring effective December 30, 2024. Following a nationwide recruitment process, the City Council has selected Assistant City Manager Andrew Haussler to be the new City Manager beginning January 1, 2025. The attached employment agreement sets forth the terms and conditions of Mr. Haussler’s employment as City Manager.

The primary terms of compensation and benefits include the following: a beginning monthly salary at Step 1 of the current City Manager classification on the City’s approved salary schedule ($21,341 monthly); the same health and welfare benefits and other benefits and allowances as approved by the City Council and available to executive management employees of the City; the same vacation leave, sick leave, and compensatory time off accrual and use benefit as approved by the City Council and available to executive management employees of the City; and six (6) 68 AGENDA ITEM NO. 12.
months’ severance compensation if the employment agreement is terminated by the City Council without cause.

FISCAL IMPACT
There are sufficient funds available in the Administration budget to accommodate the salary and benefit package recommended in the City Manager Employment Agreement.

REASON FOR RECOMMENDATION
The City Council has selected Mr. Haussler as the City Manager. City Manager Employment Agreements require the approval of the City Council in open session.

ACTIONS FOLLOWING APPROVAL
The agreement will be executed by all parties and a personnel action form will be prepared consistent with the terms of the agreement.

CONFLICT OF INTEREST
None.

Prepared by: Amy Hance, General Services Director
Reviewed by: City Manager JH
69 AGENDA ITEM NO. 12.

EMPLOYMENT AGREEMENT

CITY MANAGER, CITY OF CLOVIS
This Employment Agreement (Agreement”) is entered into on December 16, 2024, by and between the City of Clovis (“City”) and Andrew Haussler (“Haussler”), with respect to the following Recitals, which are a substantive part of this Agreement:

RECITALS
A. City’s current City Manager, John Holt (“Holt”) is retiring effective December 30, 2024.

B. City has completed the process for selecting a new City Manager to replace Holt upon his retirement.

C. Haussler is currently serving as the Assistant City Manager and has been selected by the City Council to serve as the new City Manager upon Holt’s retirement.

D. Haussler desires to become the new City Manager upon Holt’s retirement and City desires to appoint Haussler as the City Manager effective upon Holt’s retirement, subject to the terms of this Agreement.

NOW, THEREFORE, City and Haussler agree as follows:

1. Employment. City employs Haussler as the City Manager effective beginning on January 1, 2025. Haussler will be an at-will employee serving at the pleasure of the City Council subject to the terms and conditions set forth below. Haussler’s employment with the City as City Manager is at the mutual consent of both Haussler and the City. There are no express or implied agreements contrary to the foregoing.

2. Term. This Agreement shall be in effect for a period of three (3) years beginning on January 1, 2025, unless terminated in accordance with Section 6 below or otherwise amended by mutual written agreement signed by both parties. In the event of termination pursuant to Section 6, Haussler shall not be entitled to any additional compensation except as provided in Section 6.

3. Salary. Haussler shall be placed on Step 1 of the City Manager’s salary schedule in effect on January 1, 2025. Haussler shall not be entitled to receive any step increases but will be entitled to cost of living adjustments made applicable to all executive management employees. Following Haussler’s December performance evaluation as addressed in Section 5 herein, City and Haussler may mutually agree to an amendment implementing a salary step increase or other amendment to this Agreement.

4. Duties and Professional Conduct. Haussler shall have the powers and shall perform the duties prescribed in the Clovis Municipal Code for the City Manager. Haussler shall also perform such additional responsibilities as may be assigned by the City Council. a. Haussler shall adhere to the professional standards of conduct as prescribed by the International City/County Management Association.

ATTACHMENT 1
70 AGENDA ITEM NO. 12.
2 b. Consistent with the provisions of Clovis Municipal Code section 2.2.105, the City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purposes of inquiry, and neither the City Council nor any member thereof shall give orders or instructions to any subordinates of the City Manager on matters of administrative services. The City Manager shall take orders and instructions from City Council on matters of policy and administrative services only when sitting in a duly convened meeting of City Council, and no individual Councilmember shall give any orders or instructions to the City Manager on matters of policy or administrative services.

5. Evaluation. During the first year of the Term of this Agreement, Haussler and the City Council shall meet in March to review and discuss performance expectations and an evaluation process. Thereafter, Haussler shall receive a performance evaluation in June and December of each year during the Term of this Agreement, or more often as may be requested by the City Council. It shall be the responsibility of Haussler to schedule those evaluations. A facilitator may be utilized during any evaluation if agreed upon by the City Council and Haussler. Failure to evaluate shall have no effect on the rights, duties, and obligations of the parties herein.

6. Termination and Severance.
a. Termination Defined. Termination shall mean removal from office by a majority vote of the entire City Council at a duly held City Council meeting or a request by a majority of the entire City Council at a duly held City Council meeting that the City Manager resign.

Termination shall not mean a reduction of benefits generally applicable to all management employees or a voluntary resignation by Haussler.
b. Termination Without Cause. Subject to Clovis Municipal Code section 2.2.109, the majority of the entire City Council may terminate this Agreement at any time without cause by providing at least thirty (30) days written notice to Haussler. c. Severance. In the event of termination without cause, Haussler shall be entitled to severance compensation equal to Haussler’s salary for six (6) months and continuation of all existing medical, dental, and optical insurance benefits (health benefits) for six (6) months for Haussler and his dependents. If Haussler finds other employment that provides health benefits and Haussler qualifies to begin receiving those health benefits before the six-month severance period expires, then the health benefits provided by the City shall terminate. Severance for salary shall be paid in one lump sum and in the same manner as the customary payout of earned benefits.

In addition to the severance payment above, upon termination without cause Haussler shall also receive payment for the cash value of the following upon the date of termination: (i) accrued and unused vacation leave, (ii) accrued and unused administrative leave, and (iii) earned and unused floating holidays.
d. Termination for Cause. City may terminate this Agreement immediately for cause notwithstanding Clovis Municipal Code section 2.2.109. If Haussler is terminated for cause, Haussler shall not be entitled to the severance compensation under this Section but shall receive payment for the cash value of the following upon the date of termination: (i) 71 AGENDA ITEM NO. 12.
3 accrued and unused vacation leave, (ii) accrued and unused administrative leave, and (iii) earned and unused floating holidays.
e. For Cause Defined. Cause shall be defined to include, but shall not be limited to, any of the following: (a) willful and insubordinate refusal to follow or carry out a lawful directive of the City Council given at a City Council meeting; (b) repeated unexcused absences from the City Manager’s office and duties; (c) material violation of City Council adopted policy; (d) conviction of a felony or a misdemeanor crime involving acts of moral turpitude under California law; (e) use or possession of illegal drugs; (f) breach of this Agreement. f. Communications Upon Separation. In the event the City terminates Haussler for Cause or Without Cause, the City and Haussler agree that no member of the City Council, the City Executive Management staff, nor Haussler, shall make written, oral, or electronic statements at any public meeting or to any member of the public or the press concerning the termination except in the form of a joint press release or statement, the content of which is mutually agreeable to the City and Haussler. The joint press release or statement shall not contain any text or information that is disparaging to either party. Either party may verbally repeat the substance of the joint press release or statement in response to any inquiry.
g. Release and Waiver for Severance. In exchange for the severance compensation Haussler hereby expressly releases the City and waives any and all rights he may have under any applicable law, City policy, or otherwise to bring a claim or file a complaint relating to his termination or an alleged breach of this Agreement, or otherwise appeal or grieve his termination and the terms of this Agreement.
h. Abuse of Office. In the event that Haussler is convicted of a crime involving an abuse of his office or position, as defined in California Government Code section 53243.4, Haussler shall be required to fully reimburse the City in accordance with California Government Code sections 53243, 53243.1, 53243.2 and/or 53243.3.

7. Notice of Voluntary Resignation. Haussler shall provide City written notice of his intent to voluntarily resign or retire as the City Manager at least sixty (60) days prior to his intended final date of employment by the City. If Haussler resigns or retires voluntarily (without a request from City Council to resign), Haussler shall not be entitled to severance compensation and benefits under Section 6 herein.

8. Benefits and Allowances. During the Term of this Agreement, Haussler shall continue to receive all of City’s best miscellaneous executive management benefits for PERS retirement, annuities, deferred compensation, life and other insurance, expense and reimbursement allowances, medical, dental and vision plans, automobile allowances, sick leave, vacation, compensatory time off, credit union, worker’s compensation and similar subsequent or replacement benefits, all in accordance with the terms and conditions thereof as adopted or approved by the City Council.

9. Professional Meetings. Haussler is expected to attend appropriate professional meetings at local and state levels and meetings necessary to maintain professional certifications and shall be reimbursed for the expense of attending those meetings. 72 AGENDA ITEM NO. 12.
4 10. Expense Reimbursement. City shall reimburse Haussler for actual and necessary expenses incurred within the scope of employment in accordance with City’s reimbursement schedules and policies.

11. Notices. Any notices required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given and deemed served upon the other party if sent by United State Postal Service, first class postage prepaid, and addressed as follows:

TO CITY: City Council
c/o City Attorney City of
Clovis 1033 Fifth Street
Clovis, CA 93612
TO EMPLOYEE: Andrew Haussler
City Manager City of
Clovis
1033 Fifth Street
Clovis, CA 93612
Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the US Postal Service.

12. Indemnification. In accordance with Government Code section 825, et seq., City shall defend, hold harmless, and indemnify Haussler against any claim or action against him arising out of an alleged act or omission occurring in the scope of his employment with the City, and Haussler shall reasonably cooperate in good faith in the defense. This provision is not intended to, and shall not operate to, expand the protections afforded to Haussler or the City’s obligations as provided in Government Code 825 et seq., except that this Section shall operate as Haussler’s standing written request to the City for defense and indemnity as required by Government Code section 825 for any and all claims or actions against him arising out of an alleged act or omission occurring in the scope of his employment with the City whether such claim is submitted or action commenced during or after his employment with the City.

13. General Provisions.
a. Governing Law and Venue. This Agreement and the rights and obligations of the parties shall be governed by and construed in accordance with the laws of the State of California.

The parties also agree that, in the event of litigation, venue shall be the state or federal courts located in Fresno County, California.
b. Entire Agreement. This Agreement contains the entire agreement and understanding between Haussler and City with respect Haussler’s employment as City Manager. There are no oral understandings, terms, or conditions, and neither party has relied upon any representation, express or implied, not contained in this Agreement. c. No Assignment. Haussler may not assign or transfer any rights granted or obligations assumed under this Agreement.
73 AGENDA ITEM NO. 12.
5 d. Modification. This Agreement cannot be changed or supplemented orally. It may be modified or superseded only by a written instrument executed by both of the parties. e. Severability. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement shall continue in full force and effect.

CITY CITY MANAGER
By: By:

Vong Mouanoutoua, Mayor Andrew Haussler

APPROVED AS TO FORM
Scott G. Cross, City Attorney
4900-3493-0693 v.1.doc
74 AGENDA ITEM NO. 12.

TO: Mayor and City Council
FROM: Administration Department
DATE: December 16, 2024
SUBJECT: Consider Update on the Request from the Building Industry Association of Fresno/Madera Counties, Inc. regarding the City of Clovis Major Water Facilities Fees from the August 5, 2024, Council Meeting to return within 120 days.

Staff: Andrew Haussler, Assistant City Manager
Recommendation: Consider Update and Provide Direction
ATTACHMENTS: None.

Assistant City Manager Andrew Haussler will provide a verbal presentation on this item.

Please direct questions to the City Manager’s office at 559-324-2060. 75 AGENDA ITEM NO. 13.

TO: Mayor and City Council
FROM: Administration
DATE: December 16, 2024
SUBJECT: Receive and File - Information from Second 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. For Council to provide direction on whether the City’s demographer should create draft maps for a fivemember Council, a four-member Council with an elected Mayor, or both.

EXECUTIVE SUMMARY
On August 26, 2024, the City of Clovis received a demand letter (Attachment 1) 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.

The first public hearing was held on November 16, 2024. Tonight is the second 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.

Staff is also requesting direction from Council on whether the City’s demographer should create draft maps for a five-member Council with a two-year rotating Mayor, a four-member Council with an at-large, elected Mayor (4+1), or maps for both. 76 AGENDA ITEM NO. 14.

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 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 second 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. However, Staff is requesting direction from Council on whether the City’s demographer should crate draft maps for a five-member Council with a two-year rotating Mayor, a four-member Council with an atlarge, elected Mayor (4+1), or maps for both.

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.
77 AGENDA ITEM NO. 14.

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
78 AGENDA ITEM NO. 14.

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 1 79
AGENDA ITEM NO. 14.
80 AGENDA ITEM NO. 14.
81 AGENDA ITEM NO. 14.
82 AGENDA ITEM NO. 14.

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 December 16, 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 current 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 December 16, 2024, the City Council will hold a second public hearing 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,
December 16, 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].

Attachment 2
83 AGENDA ITEM NO. 14.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: December 16, 2024
SUBJECT: Consider various items associated with ±37.92 acres of land located at the southeast corner of the N. Peach Avenue alignment and Behymer Avenue. DeYoung Properties and Gary Yamamoto, owners; DeYoung Properties, applicant; Juli Kutka, 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 Reorganization 311, Prezone 2024-006, Vesting Tentative Tract Map 6482, and Planned Development Permit 2024-002.
b. Consider Introduction - Ord. 24-___, R2024-006, An ordinance of the City Council approving a request to prezone the properties within the annexation area from the Fresno County AE-20 Zone District to the Clovis R-1-PRD Zone District.
c. Consider Approval - Res. 24-___, TM6482, A resolution of the City Council approving a vesting tentative tract map for a 266-lot single-family planned residential development.
d. Consider Approval - Res. 24-___, PDP2024-002, A resolution of the City Council approving a planned development permit for a 266-lot single-family residential development.
e. Consider Approval - Res. 24-___, RO311, A resolution of the City Council approving application for the Annexation of the Territory known as the Peach-Behymer Southeast Reorganization area (±37.92 acres).

Staff: Marissa Parker, Assistant Planner
Recommendation: Approve
84 AGENDA ITEM NO. 15.

ATTACHMENTS: 1. Draft Resolution CEQA

2. Draft Ordinance R2024-006

3. Draft Resolution TM6482

4. Draft Resolution PDP2024-002

5. Draft Resolution RO311

6. Proposed Development Standards for PDP2024-002

7. Proposed Park Amenity for PDP2024-002

8. Elevation and Floor Plans

9. Correspondence from Commenting Agencies

10. Initial Study Mitigated Negative Declaration and MMRP

11. Site Specific Service Plan

RECOMMENDATION
Staff and the Planning Commission recommends that the City Council approve each component of the Project as identified in the title.

EXECUTIVE SUMMARY
DeYoung Properties (“Applicant”) proposes to annex (“RO311”) and prezone (“R2024-006”) the subject properties from Fresno County’s AE-20 (Exclusive Agricultural, 20-acre minimum parcel size) Zone District to the Clovis R-1-PRD (Single-Family Planned Residential Development) Zone District. The annexation boundary consists of ±37.92 acres and is located on the south side of E. Behymer Avenue, between N. Minnewawa Avenue and the N. Peach Avenue alignment in the County of Fresno (“Property”). The Project includes ±36.92 acres of the proposed annexation area for the development of a 266-lot single-family subdivision, Tract Map 6482 (“TM6482”). A Planned Development Permit (“PDP2024-002”) is required for the establishment of the proposed planned residential development to ensure a comprehensive development of high quality. The aforementioned entitlements are hereinafter collectively referred to as the “Project”. The Project will include site improvements, including landscaping, sidewalks, public streets, and utility infrastructure. Approval of this Project would allow City staff to proceed with the annexation process with the Fresno Local Agency Formation Commission (LAFCo) and would allow the developer to continue processing a residential site plan review (“RSPR”) entitlement and development drawings.

BACKGROUND
 General Plan Designation: Medium High Density Residential (7.1-20.0 DU/Ac.)  Master Plan Designation: Heritage Grove Master Plan
 Existing Zoning: Fresno County AE-20 (Exclusive Agricultural)  Proposed Zoning: R-1-PRD (Single-Family Planned Residential Development)
 Annexation Area: ±37.92 acres
 Project Size: ±36.92 acres
 Current Land Use: Single-Family Residence, Orchards, Partially Vacant  Adjacent Land Uses:
o North: Single-Family Residence, Orchards
o South: Single-Family Residence, Orchards
o East: Orchards
85 AGENDA ITEM NO. 15.
o West: Single-Family Residence, Vacant
 Previous Entitlements: N/A
The Project site is in the City’s Heritage Grove growth area and is currently within the County of Fresno’s jurisdiction. The Project area has been planned in the City’s general plan as a future Medium High Density Residential development, which allows for the development of singlefamily residences at a density of 7.1 to 20.0 dwelling units per acre. The Property is currently zoned Fresno County AE-20 (Exclusive Agricultural) and consists of two (2) single-family residences with about one-third (1/3) of the site consisting of almond orchards and the remainder of the site is vacant. Surrounding properties contain orchards, single-family residences, and vacant/ undeveloped land.

PROPOSAL AND ANALYSIS
As shown in Figure 1 below, the proposed ±37.92-acre annexation boundary is situated on the south side of E. Behymer Avenue, between N. Minnewawa Avenue and the N. Peach Avenue alignment. The proposed development will occupy the entire parcel with Accessor’s Parcel Numbers (APNs) 556-010-28 and 29. The remaining 1-acre parcel (APN 556-010-12) will not be incorporated as part of the proposed residential development but will be annexed into the City based on the need for a logical boundary per Fresno County and LAFCo annexation requirements. The area of annexation is contiguous with the City’s current limits on the west side of the N. Peach Avenue alignment.

In addition to the annexation, the Project includes several planning entitlements, including a prezone, vesting tentative tract map, and planned development permit (“PDP”). The prezone will assign a City zoning district consistent with the City’s General Plan land use designation. The tentative tract map is required to subdivide the property per the Subdivision Map Act and City standards. Additionally, the PDP is necessary to evaluate the unique development standards proposed and enhanced development features, such as architecture, landscaping, and amenities. If the Project is approved, a residential site plan review (“RSPR”) is required to memorialize the design and layout of the homes. The RSPR will be reviewed at the staff level.

As mentioned above, the Project is within the City’s Heritage Grove planned growth area.

Heritage Grove encompasses ±2,560 acres of land bounded by Willow Avenue to the west, Sunnyside Avenue to the east, Copper Avenue to the north, and Shepherd Avenue to the south.

The 2014 Clovis General Plan designates the Project site for residential use at Medium High density. The Project annexation area is planned to be converted to non-agricultural land pursuant to the 2014 General Plan.
86 AGENDA ITEM NO. 15.

Figure 1 – Project Location
Prezone
As previously mentioned, the Project requires a prezone. The proposed prezone (R2024-006) will designate a City zone district of R-1-PRD (Single-Family Planned Residential Development) to the Project site. The R-1-PRD Zone District is appropriate for single-family small lot uses, including attached and detached single-family structures, and is applicable to the ±36.92 acre, 266-lot development. Additionally, the prezone encompasses the 1-acre property located adjacent to N. Minnewawa Avenue, which will also be prezoned to the Clovis R-1-PRD (Single Family Planned Residential Development) Zone District. The R-1-PRD Zone District is consistent with the General Plan Medium High Density land use designation.

Prezone Required Findings and Analysis
The subsequent findings are necessary to approve an application for prezone.

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

The proposed Prezone (R2024-006) conforms to the existing general plan designation of Medium High Density Residential for the parcels within the annexation area of 37.92 acres. As a general plan amendment is not proposed with this project, the proposed Prezone to R-1-PRD is consistent with the goals, policies, and actions of the General Plan.

2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.
87 AGENDA ITEM NO. 15.

The Project is located within the City's designated growth area and has undergone comprehensive evaluation by multiple City departments and external agencies for feedback. Importantly, no significant concerns were raised by these stakeholders.

Additionally, the Project's environmental impacts have been assessed through the accompanying Initial Study and Mitigated Negative Declaration included as Attachment 10.

3. 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 proposed Project has undergone scrutiny through the City’s preliminary application process (Development Review Committee), confirming the site's physical suitability for accommodating the proposed Project. A thorough review and routing of the applications determined that the Project will occupy and operate within an existing site that is physically suitable in size and compatible with planned surrounding uses. The Project will install the infrastructure required and necessary to support it. The Project will be required to comply with all conditions from Public Utilities and Engineering, which will further ensure the Project site is suitable for the proposed use. Site-specific details will be evaluated through the RSPR process.

Planned Development Permits
The proposed R-1-PRD Zone District related to the development requires the associated PDP.

As previously mentioned, PDPs are required for all planned residential developments (CMC §

9.10.010, subd. (B)(6).). The PDP process allows design flexibility and encourages innovative and superior site planning, culminating in a comprehensive development of high quality. Further details regarding the PDP are outlined below.

Development Standards
The PDP provides the flexibility to adjust or modify development standards, such as building coverage, height, setbacks, fence and wall heights, landscaping, open space, and street layout, where necessary and justifiable. Table 1 below outlines the proposed development standards for each product type. While the applicant has provided models for each of their products, the proposed home models will be assessed against the established development standards and formalized through the RSPR process, which has been included as a condition of approval for the TM and PDP.
88 AGENDA ITEM NO. 15.

Table 1 – Planned Development Permit Development Standards Standard
Housing Products Typical City Standards
R-1-MD (Medium High
Density)
Discover/Compass
(177 lots)
Freedom
(89 lots)
Minimum Lot Size (Square Feet) 2,223 2,090 4,500
Minimum Parcel Width 39 feet 36 feet 50 feet
Minimum Curved Parcel Width 25 feet 20 feet 50 feet
Minimum Corner Parcel Width 25 feet 20 feet 50 feet
Minimum Parcel Depth 57 feet 53 feet 90 feet
Maximum Lot Coverage 65 % 65% 45%
Maximum Height 2-stories not to exceed 35 feet
Front (Garage) Setback 18 feet 18 feet 20 feet
Front (Living) Setback 5 feet 5 feet 15 feet
Setback to Projections and/or Porch/
Patio 4 feet 4 feet 15 feet
Garage Side Setback 5 feet 5 feet 5 feet
Corner Street Side Setbacks 3 feet 3 feet 10 feet
Reversed Corner Street Side Setback 8 feet 8 feet 15 feet Corner Street Side Fence Setback 3 feet 3 feet 15 feet
Interior Side Yard Setback (opposite
from garage) 3 feet 3 feet 5 feet
Rear Setback 5 feet 5 feet 15 feet
Garages
20’x20’ interior
dimension (2-car)
10’x20’ interior
dimension (1-car)
20’x20’ interior
dimension (2-car)
10’x20’ interior
dimension (1-car)
20’x22’ interior dimension (2-
car)
Table 1 above delineates alterations to the customary development criteria associated with the Medium Density Zone District (R-1-MD). Although the R-1-MD Zone District isn’t consistent with the Medium High Density land use designation, it represents the smallest lot sizes accommodated by traditional single-family residential zone districts and therefore was utilized for comparison. The utilization of Planned Residential Developments approved through the PDP process is required to achieve single-family development in the Medium High Density land use designation as identified in Table LU-3 of the City’s General Plan. The table above categorically presents various development standards, including the applicant’s proposed standards for each of their proposed development types (Discover, Compass, and Freedom). For comparison, the last column of the table provides standards for the R-1-MD Zone District. The information listed above demonstrates that the development standards requested primarily consist of reductions in listed standards, such as lot size, parcel configuration, setbacks, garage sizes, and an increase in the maximum lot coverage. Furthermore, the Compass and Freedom products will include a total of two (2) home models featuring a single-car garage, whereas it is typical for a single-family home to provide a 2-car garage. In this instance, single-car garage layouts would make up 32 of the 266 lots within the subdivision.

It's important to emphasize that, to ensure adequate side yard access and proper storage for trash toters, the Project proposes a minimum setback of five (5') feet for all garage-side setbacks.

Additionally, the Project is conditioned to provide an all-weather surface for the placement and 89 AGENDA ITEM NO. 15.
storage of trash receptacles, extending from the 5-foot side yard (garage side) to the front of the property. These proposed development standards are in line with recent projects approved under the PDP process. As indicated above, the existing Medium High Density general plan designation requires a minimum of seven (7) dwelling units per acre and adjustments to development standards are necessary to stay within the required density range and provide open space and walkability within the Project.

Proposed Amenities
Chapter 9.66 of the CMC (Planned Development Permits) offers a framework for flexibility in development standards to accommodate various development types that may not conform to standard regulations. Within this context, planned residential developments are mandated to provide a program of public amenities commiserate to the deviations being requested. Amenities may include but are not limited to features such as open space and improvements to the existing public facilities such as parks and trails. It’s important to note that PDP amenities are assessed on a project-by-project basis, as each development is unique in terms of its scale, location, and context.

In exchange for requested concessions, such as reduced lot sizes, setbacks, increased lot coverage, and non-standard garages, the applicant proposes a range of project amenities aimed at benefiting both homeowners and the wider community. These amenities include a large ±32,947 square foot neighborhood park featuring a spacious turf area, a ±289 square foot shade structure, ADA-compliant picnic tables, multiple Adirondack chairs, two (2) playground areas for children ages 2-5 and 5-12, concrete seat walls, and two (2) ping pong tables (see Figure 2 below). The park consists of multiple tree types, including Crape Myrtle, Chinese Pistache, and Oak trees. The neighborhood park is complete with a concrete sidewalk surrounding it and providing access to and from the park.

The park will be accessible to both the public and subdivision residents. It also includes public streets and sidewalks that will provide future connectivity to potential developments to the south, enhancing the park's accessibility to surrounding areas. Given the park’s design and its intended usability, it has been determined that no additional offsetting requirements, such as contributions to offsite amenities, are necessary. If approved, the park will be annexed into the City’s Landscape Maintenance District and maintained by the City. City staff from Planning, Engineering, and Public Utilities have met and no concerns were raised based on the design of the proposed park. The specific details of the park will be evaluated through the civil review process for compliance with the CMC and water efficient landscape ordinance (“WELO”). 90 AGENDA ITEM NO. 15.

Figure 2 – Conceptual Park Design
In addition to the requirement for proportional amenities, approval of a planned development permit necessitates the demonstration of superior development quality compared to what could be achieved through conventional development practices on the site. This might entail enhancements such as upgraded entry points, embellished block walls along street frontages, and superior exterior elevation design. These features are typically integrated into the proposed planned development projects by the applicant, subject to review and approval during the civil plan review process and residential site plan evaluation for individual lots.

Planned Development Permit Required Findings and Analysis The required findings for the approval of a PDP application and staff’s response to each of those findings are listed below. (CMC § 9.66.060.)

1. The PDP would:
a. Be allowed within the subject base zoning district
The proposed Planned Development Permit (PDP2024-002) is permissible within the R-1-PRD Zone District, which is proposed concurrently with the prezoning of the Project development site.
b. Be consistent with the purpose, intent, goals, policies, actions, and land use designations of the General Plan and any applicable specific plan.

The Project proposes a single-family residential development consistent with the established land use of the General Plan. Policy 3.6 of the Land Use 91 AGENDA ITEM NO. 15.

Element of the general plan encourages a mix of housing types, unit sizes, and densities. The Project would comply with Policy 3.6 by providing a housing product that adds to the variety of housing stock within the City. c. Be generally in compliance with all of the applicable provisions of this Development Code relating to both on- and off-site improvements that are necessary to accommodate flexibility in site planning and property development and to carry out the purpose, intent, and requirements of this chapter and the subject base zoning district, including prescribed development standards and applicable design guidelines.

The Project incorporates measures to construct both on-site and off-site improvements in accordance with the City's adopted infrastructure master plans and the standards outlined in the 2014 General Plan. The design of these improvements aligns with the proposed Project development standards and land use changes as outlined in the staff report. d. Ensure compatibility of property uses within the zoning district and general neighborhood of the proposed development.

As mentioned previously, the existing site consists of two (2) single-family residences with about one-third (1/3) of the Project site consisting of almond orchards and the remainder of the site is vacant. The Project site is surrounded by primarily agricultural uses designated for future residential development at varying densities. The Project is located within the Heritage Grove planned growth area. Although the Project is proposing to convert agricultural land to residential uses, this conversion is consistent with the 2014 General Plan. Upon completion, the Project will not be consistent with the existing rural residential properties and orchards that currently exist in the surrounding area. However, the Project will be consistent with future single-family development at Medium High Density, per the General Plan land use designation.

2. The proposed Project would produce a comprehensive development of superior quality (e.g., appropriate variety of structure placement and orientation opportunities, an appropriate mix of structure sizes, high-quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities, incorporation of a program of enhanced amenities, etc.) than which might otherwise occur from more traditional development applications.

The Project integrates design elements that elevate its quality beyond traditional developments. Notably, it includes amenities like a ±0.75-acre neighborhood park and community corner paseos at the corners of N. Peach and E. Behymer Avenues and N. Minnewawa and E. Behymer Avenues. The architectural design of the model 92 AGENDA ITEM NO. 15.
homes will undergo thorough evaluation during the residential site plan review process to ensure high quality.

3. Proper standards and conditions have been imposed to ensure the protection of the public health, safety, and welfare.

The proposed PDP (PDP2024-002) will comply with the CMC, all Fire Department standards, and Building Code regulations to ensure adherence to public health and safety requirements.

4. Proper on-site traffic circulation and control is designed into the development to ensure protection for fire suppression and police surveillance equal to or better than what would normally be created by compliance with the minimum setback and parcel width standards identified in Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).

The proposed PDP2024-002 will adhere to the standards set by the Fire Department and the requirements of the City Engineer concerning fire suppression measures and enhancements to traffic flow related to TM6482.

5. The subject parcel is adequate in terms of size, shape, topography, and circumstances to accommodate the proposed development.

The proposed Project has undergone scrutiny through the City’s preliminary application process (Development Review Committee), confirming the Project site's physical suitability for accommodating the proposed Project. Additionally, the Project site is physically suitable in size and compatible with surrounding uses. The Project will be required to install the infrastructure required and necessary to support it. The Project will be required to comply with all conditions from the Public Utilities and Engineering Departments, which will further ensure the Project site is suitable for the proposed use. Site-specific details will be evaluated through the RSPR process.

6. The design, location, operating characteristics, and size of the proposed development would be compatible with the existing and future land uses in the vicinity, in terms of aesthetic values, character, scale, and view protection.

As indicated above, the proposed PDP2024-002 is compatible with the planned adjacent land uses. In regard to view protection, the PDP proposes a maximum height for the homes that is consistent with that prescribed under the comparable single-family residential Zone Districts. The proposed development will process an RSPR application, where aesthetics and design will be evaluated in compliance with the Development Code.
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Vesting Tract Map
The Project encompasses a ±36.92-acre development site and is associated with TM6482, provided as Attachment 3B. TM6482 consists of 266 residential lots and three (3) outlots, which are allocated for amenities and open space. Further specifics regarding the vesting tentative tract map are detailed below.

Lot Details
The Project is proposing 266 lots, ranging from ±2,090 square feet to ±8,434 square feet, with an average size of ±3,682 square feet. The tract map is organized in three (3) phases. The Project proposes three different products, the Discover, Compass, and Freedom products. This Project includes a mixture of all three product types in each of the three phases. The Discover and Compass product lines include 177 lots and offer the same development standards and lot sizes. The minimum lot size for the Discover and Compass lots is ±2,223 square feet and the largest lot is ±7,933 square feet. The Freedom product line contributes to 89 of the 266 lots with a minimum lot size of ±2,090 square feet and a maximum of ±8,434 square feet. It is important to note that each of the 266 lots provides a minimum 18-foot setback to the garage. This setback is consistent with the CMC standards for driveways on public streets.

These specific product types present distinctive lot sizes that differ from the standard singlefamily zone districts outlined in the Municipal Code. The PRD designation permits these unique lot sizes, along with specific development standards, as detailed in the PRD section of the report.

While the lot sizes are unique, this type of development is similar to other planned residential developments within the City of Clovis.

Circulation
As shown in Figure 3 below, the Project aims to improve general circulation in the area by upgrading existing streets and constructing new ones, including local streets within the proposed development. The Project will enhance the sections of E. Behymer Avenue and N. Minnewawa Avenue that bound the property to meet city standards. Furthermore, the Project will be constructing the N. Peach Avenue alignment in accordance with the CMC and Heritage Grove Design Guidelines. The Project would be accessed via three (3) ingress/egress access points to the proposed development from E. Behymer Avenue and one (1) ingress/egress access point from the N. Peach Avenue alignment. Furthermore, the Project will provide internal 50-foot-wide public streets with sidewalks throughout the subdivision, designed to accommodate parking on both sides. Moreover, the project has been designed to provide future street connectivity to the potential development to the south as well as the remainder 1-acre area included as part of the annexation for this Project.
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Figure 3 – Proposed TM6482
Sewer and Water Impact
The Project’s impacts to water and sewer facilities were analyzed during the California Environmental Quality Act (CEQA) review. Provost and Pritchard, the City’s water system consultant, provided a summary of water system impacts and concluded that the City has capacity to serve and that infrastructure can accommodate the Project upon completion of the recommended connections. The City Engineer completed a sewer analysis and concluded that the City has the capacity to accommodate the Project. The Project lies within the Fresno Irrigation District (FID) boundary and therefore, is eligible to utilize entitled surface water from the Kings River.

Heritage Grove Thematic Elements
The City’s 2014 General Plan directed the preparation and adoption of a comprehensive design document for the Heritage Grove area. As a result, the Heritage Grove Design Guidelines were developed and adopted on December 5, 2016. The document is intended to build upon the merits of the distinctive area that contains a unique and valuable agricultural and cultural heritage and to provide a vision and guidance for its future development and sustainability. The design document establishes an overall agricultural theme and quality for Heritage Grove. It illustrates and directs the intended architectural, landscape, and site elements to reinforce the theme and quality. Criteria and examples of design and treatments are provided throughout the document.

The proposed development is required through the Heritage Grove Design Guidelines to install two (2) community corner paseos at the southeast corner of E. Behymer and N. Peach Avenues and the southwest corner of E. Behymer and N. Minnewawa Avenues. The previously approved TM6343, located at the southwest area of Behymer Avenue and the Sunnyside Avenue alignment, will likely be the first development to design and install this type of the corner gateway feature. The final design as established with TM6343 will be carried out with this development. 95 AGENDA ITEM NO. 15.

Vesting Tentative Tract Map Required Findings and Analysis The following are findings required to approve a vesting tentative tract map. (CMC §§ 9.102.060, subd. (A), and 9.102.110, subd. (C).)

1. The proposed map, subdivision design, and improvements are consistent with the General Plan and any applicable specific plan.

The proposed map (TM6482) design maintains consistency with both the General Plan and the proposed PDP. The Project meets various goals and polices of the General Plan as stated in the Consistency with General Plan Goals and Policies section of this report. All improvements will adhere to the conditions of approvals and City standards. The specifics of these improvements will undergo scrutiny during the City's civil plan review process to ensure compliance with standards.

2. The site is physically suitable for the type and proposed density of development.

Refer to number 5 of the Findings for Planned Development Permit section.

3. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

As described in the Initial Study/Mitigated Negative Declaration prepared for the Project (Attachment 10), environmental impacts were determined to be less than significant with the implementation of mitigation measures. Consequently, the Project is not anticipated to inflict substantial environmental harm or endanger fish and wildlife.

4. The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems.

The design of the Project will comply with the Development Code, Fire Department standards and Building Code regulations to ensure adherence to public health and safety requirements. Furthermore, during the review of the Project, agencies and City departments had the opportunity to review the Project to ensure consistency with City codes and regulations and no serious public health or safety concerns were identified. Therefore, the Project was determined not to be detrimental to the public interest, health, safety, or general welfare of the City.

5. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. This finding may also be made if the review authority finds that alternate easements for access or use will be provided, and that they will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record, or to easements established by the judgment of a court of competent jurisdiction, and no authority is hereby granted to 96 AGENDA ITEM NO. 15.
the review authority to determine that the public at large has acquired easements of access through or use of property within the proposed subdivision.

During the final map review process conducted by the City's Engineering Division, all easements will be identified. Additionally, during the final map review, the City Engineer and other outside agencies will ensure that no conflicts with easements would occur as a result of the Project. As needed, alternate easements will be found that will be substantially equivalent to those previously required in TM6482.

6. The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board.

The City Engineer has determined that the City has the capacity to accommodate the proposed Project. Installation of sewer lines within the proposed subdivision and beyond its borders will adhere to the regulations set forth by the California Regional Water Quality Control Board.

7. The design of the subdivision provides, to the extent feasible, passive or natural heating and cooling opportunities.

The proposed subdivision will comply with the CMC and California Building Code requirements, as it relates to heating and cooling opportunities within TM6482.

8. The proposed subdivision, its design, density, and type of development and improvements conform to the regulations of this Development Code and the regulations of any public agency having jurisdiction by law.

The proposed subdivision is comprised of single-family housing, consistent with the prescribed land use outlined in the General Plan. The proposed R-1-PRD Zone District allows for the proposed use and PDP development standards. The proposed development will process an RSPR application, where aesthetics and design will be evaluated in compliance with the Development Code and established PDP development standards.

Annexation
While the Project site encompasses ±36.92 acres, a slightly larger 37.92-acre annexation area is proposed after consultation with LAFCo staff to establish a logical boundary for incorporation.

The proposed annexation is titled RO311, Peach-Behymer Southeast Reorganization Area. The proposed annexation boundary includes three (3) properties planned for future residential development. If approved by the City Council, the annexation will proceed to LAFCo for processing and final consideration. Development of the Project cannot occur without the completion of the annexation process.
97 AGENDA ITEM NO. 15.

Annexation Details:

Property owners: 3
Owners Consenting to Annexation: 2
Registered Voters: 5
Acreage: ±37.92
Standard Conditions of Annexation:

The City established standard baseline conditions for annexation projects that are incorporated into the resolution for the proposed annexation (Attachment 5). These conditions encapsulate the mutually agreed upon tax-sharing arrangements between the City and Fresno County and the scheduling of public services for the annexation sites. A site-specific service plan has been prepared demonstrating the City’s capacity to effectively serve the properties within the proposed annexation territory. The plan requires approval from the City Council and will be provided to Fresno LAFCo. The plan is provided in Attachment 11 of this report.

Consistency with General Plan Goals and Policies
Staff has evaluated the Project in light of the goals and policies of the General Plan. The following goals and policies reflect Clovis' desire to maintain Clovis’ tradition of responsible planning and well-managed growth to preserve the quality of life in existing neighborhoods and ensure the development of new neighborhoods with an equal quality of life. These goals and policies seek to foster more compact development patterns that can reduce the number, length, and duration of auto trips.

Goal 3: Orderly and sustainable outward growth into three Urban Centers with neighborhoods that provide a balanced mix of land uses and development types to support a community lifestyle and small-town character.

Policy 3.5 Fiscal sustainability. The City shall require the establishment of community facility districts, lighting and landscaping maintenance districts, special districts, and other special funding or financing tools in conjunction with or as a condition of development, building or permit approval, or annexation or sphere of influence amendments when necessary to ensure that new development is fiscally neutral or beneficial.

Policy 3.6 Mix of housing types and sizes. Development is encouraged to provide a mix of housing types, unit sizes, and densities at the block level.

Goal 5: A city with housing, employment, and lifestyle opportunities for all ages and incomes of residents.

Policy 5.1: Housing variety in developments. The Clovis General Plan has been planned to provide a variety of housing product types suitable to each stage of a person’s life. Each development should contribute to a diversity of housing sizes and types within the standards appropriate to the land use designation. This policy does not apply to projects smaller than five acres. 98 AGENDA ITEM NO. 15.

Planning Commission Hearing – November 21, 2024
On Thursday, November 21, 2024, the Planning Commission considered the Project, with staff presenting the Project alongside its recommendations and detailed information as described in the staff report. One individual spoke in support of the project based on the design of the tract and features such as the park. Staff did not receive opposing comments from any of the surrounding property owners and no one spoke in opposition of the project during the hearing.

After discussion, the Planning Commission voted to recommend that the Council approve the entitlements associated with the Project. All the items were approved with a vote of 4-0-1, with Chair Antuna absent.

Public Comments
The City published a notice of this public hearing in The Business Journal on Wednesday, December 2, 2024. A public hearing notice was sent to area residents within 1,500 feet of the Property boundaries for the December 16, 2024, City Council hearing. As of the completion of this staff report, staff has not received any comments from the public.

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

Comments received are attached (Attachment 9) 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.

Community Facilities District
The fiscal analysis of the Heritage Grove Master Plan identified possible long-term funding shortfalls in the Clovis Citywide operating and maintenance costs. To address this issue the City of Clovis implemented a Community Facilities District. Community Facilities Districts (CFDs) are a means of providing additional funding for the provision of public facilities and services for public safety in newly developing areas of the community where the city would not otherwise be able to afford to continue to provide an adequate level of service as the City continues to grow. The use of CFDs is fairly common among cities in California experiencing high rates of growth, such as Clovis, due to significant losses of local revenue from tax shifts authorized by the State of California and the need to continue to provide an adequate level of service as growth occurs. A condition of approval has been added to this tentative map requiring participation in this vesting tentative map in the CFD.

California Environmental Quality Act (CEQA)
The City of Clovis has completed an Initial Study (see Attachment 10) assessing the Project’s impact on natural and manmade environments, as required by the State of California. Staff is recommending approval of a mitigated negative declaration (“MND”). An MND is a written statement announcing that this project will not have a significant effect on the environment with the implementation of mitigation measures. The complete Initial Study/Mitigated Negative 99 AGENDA ITEM NO. 15.

Declaration is provided as Attachment 10 and may also be found on the City’s website at:
https://cityofclovis.com/planning-and-development/planning/ceqa/.

In summary, environmental impacts were determined to be less than significant with the implementation of mitigation measures for greenhouse gas emissions, biological resources, cultural resources, transportation, vehicle miles traveled, and tribal cultural resources (See the Mitigation and Monitoring Program attached hereto as Attachment 10). The Notice of Intent to adopt an MND was posted to the City’s website at the web address listed above (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 on October 31, 2024, and will conclude on November 30, 2024. (Cal. Code Regs., Tit. 14, § 15073, subd. (a).)

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
The proposed Project will provide diversity in housing types, contribute a quality residential product, and further advance growth within the Heritage Grove growth area as envisioned by the General Plan. The Project does not substantially impact sewer, water, or other public services and will contribute to its proportionate share of infrastructure and open space. The Project is consistent with the goals and policies of the General Plan and Development Code. Each component of the Project meets the findings that must be considered when making a decision on such a project, as outlined in the sections above. Staff, therefore, recommends that the City Council adopt an MND and mitigation monitoring and reporting program in accordance with CEQA, and approve RO311, R2024-006, TM6482, and PDP2024-002, subject to the conditions of approval provided in Attachments 1A, 3A, 4A, and 5A.

ACTIONS FOLLOWING APPROVAL
The annexation application will be prepared and submitted to LAFCo after all materials have been submitted by the applicant, sufficient to meet the conditions of the application.

CONFLICT OF INTEREST
None.

Prepared by: Marissa Parker, Assistant Planner
Reviewed by: City Manager JH
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Attachment 1
RESOLUTION 24-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS ADOPTING A MITIGATED NEGATIVE DECLARATION FOR REORGANIZATION 311, PREZONE 2024- 006, VESTING TENTATIVE TRACT MAP 6482, AND PLANNED DEVELOPMENT PERMIT 2024-002, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

GUIDELINES
WHEREAS, DeYoung Properties, 677 W. Palmdon Drive, Suite 208, Fresno, CA 93704 (“Applicant”), has submitted various applications including for: a Reorganization (“RO311”), a Prezone (“R2024-006”), a Vesting Tentative Tract Map (“TM6482”), and a Planned Development Permit (“PDP2024-002”) (hereinafter collectively referred to as the “Project”) for a property located south of E. Behymer, between N. Minnewawa and N. Peach Avenues (“Property”); and WHEREAS, the City of Clovis (“City”) caused to be prepared an initial study (hereinafter incorporated by reference) to evaluate potential environmental impacts from the Project, and on the basis of that study, it was determined that no significant environmental impacts would result from this Project with the adoption of mitigation measures; and WHEREAS, the City adopted a Supplemental Environmental Impact Report (SEIR) for the 2014 General Plan Circulation Element Update on October 17, 2022. The SEIR evaluated potential land uses consistent with the General Plan and their associated VMT impacts. The SEIR finds that implementation of the 2014 General Plan may result in VMT metrics that are greater than the applicable thresholds. Mitigation measures include policies to reduce VMT.

Because the City cannot demonstrate that the implementation of these policies would achieve VMT reductions to meet the VMT thresholds, the impacts would remain significant and unavoidable. Therefore, following approval of the SEIR, individual land use development projects that are consistent with the 2014 General Plan have the opportunity to tier their environmental review from the General Plan SEIR. The SEIR has disclosed the VMT impacts of land use development consistent with the General Plan. Therefore, significant and unavoidable VMT impacts associated with the General Plan have already been disclosed. Because the proposed Project is consistent with the 2014 General Plan, the Project’s significant transportation impact does not require a project specific EIR. Overall, the Project, as determined to be consistent with the 2014 General Plan, would result in a Significant and Unavoidable impact; and
WHEREAS, on the basis of this initial study, 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 Planning Commission considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program on November 21, 2024, recommending approval of said MND and MMRP; and
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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 Fresno Business Journal on December 2, 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, mitigation monitoring and reporting program, and all comments, written and oral, received from persons who reviewed the mitigated negative declaration, or otherwise commented on the Project (Administrative Record).

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

1. The foregoing recitals as true and correct.

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

3. The initial study and mitigated negative declaration were presented to the City Council and the City Council has independently reviewed, evaluated, and considered the initial study, mitigated negative declaration, mitigation monitoring and reporting program, 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.
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8. The basis for the findings is detailed in the December 16, 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 December 16, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: December 16, 2024
______________________________ ______________________________ Mayor City Clerk
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ATTACHMENT A:

Mitigation Monitoring Program – TM6482
Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
Agriculture and Forestry Resources
AGR-1 The Project applicant shall prepare or fund an
agricultural resource evaluation prior to project
approval. The resource evaluation shall use
generally accepted methodologies (such as
the Land Evaluation and Site Assessment
Model) to identify the potentially significant
impact of the loss of agricultural land. If the loss
of agricultural land is determined to be a
potentially significant impact, the resource
evaluation shall consider the economic viability
of future agricultural use of the property. If the
agricultural resource is considered significant
and future agricultural use is considered
economically viable, the conversion will be
deemed significant. The City shall require
mitigation by one of the following methods:
 Mitigation at a 1:1 ration of converted to
preserved acreage through a regional
conservation easement, or payment of its
valuation equivalent if a fee mitigation
program is established. If 1:1 mitigation is
determined to be economically infeasible,
based upon all of the evidence, the ratio
may be reduced to an economically feasible
ratio or no further mitigation shall be
required. This determination shall be made
by the City’s Director of Planning and
City of Clovis
Planning
Prior to Permits
and During
Construction
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Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
Development Services based upon
substantial evidence in the record; or
 Other potential mitigation which achieves
the same mitigating effect as the measures
identified above, consistent with the CEQA
Statutes and Guidelines. This
determination shall be made by the City’s
Director of Planning and Development
Services based upon substantial evidence
in the record.

AGR-2 Pursuant to Clovis Municipal Code Section

9.40.170 and the California Civil Code Section
3482.5, prior to approval of building occupancy
permits the Project developer shall provide
residents of the Project site Right-To-Farm
notifications. The Right-To-Farm notification
would advise future occupants of the Project
site that they are residing adjacent to
agricultural land that has been active for three
or more years and that they should expect
continued activities associated with agricultural
production.

City of Clovis
Planning
Prior to Permits
and During
Construction
Air Quality
AIR-1 Consistent with San Joaquin Valley Air
Pollution Control District (SJVAPCD)
Regulation VIII (Fugitive PM10 Prohibitions),
the following controls are required to be
included as specifications for the proposed
project and implemented at the construction
site:

City of Clovis
Planning
Prior to Permits
and During
Construction
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Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
 All disturbed areas, including storage piles,
which are not being actively utilized for
construction purposes, shall be effectively
stabilized of dust emissions using water or
chemical stabilizer/suppressant or covered
with a tarp or other suitable cover or
vegetative ground cover.
 All on-site unpaved roads and off-site
unpaved access roads shall be effectively
stabilized of dust emissions using water or
chemical stabilizer/suppressant.
 All land clearing, grubbing, scraping,
excavation, land leveling, grading, cut and
fill, and demolition activities shall be
effectively controlled of fugitive dust
emissions utilizing application of water or by
presoaking.
 When materials are transported off site, all
material shall be covered, or effectively
wetted to limit visible dust emissions, and at
least 6 inches of freeboard space from the
top of the container shall be maintained.
 All operations shall limit or expeditiously
remove the accumulation of mud or dirt
from adjacent public streets at the end of
each workday. (The use of dry rotary
brushes is expressly prohibited except
where preceded or accompanied by
sufficient wetting to limit the visible dust
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Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
emissions. Use of blower devices is
expressly forbidden).
 Following the addition of materials to, or the
removal of materials from, the surface of
outdoor storage piles, said piles shall be
effectively stabilized of fugitive dust
emissions utilizing sufficient water or
chemical stabilizer/suppressant.

Biological Resources
BIO-1 Pre-Activity Surveys for Swainson’s Hawk
Nests. If Project activities must occur during
the nesting season (February 15 to August 31),
pre-activity surveys shall be conducted for
Swainson’s hawk nests within 14 days prior to
the start of construction. The surveys would be
conducted within the Project site plus a 0.5-
mile buffer. The survey shall be conducted in
accordance with the methodology outlined in
existing protocols. Note that Sawinson’s hawks
may establish a nest at any time from February
through June; multiple Swainson’s hawks nest
surveys may be necessary in one season at
the direction of a qualified biologist, depending
on the timing of Project construction. If no
Swainson’s hawk nests are found, no further
action is required.

City of Clovis
Planning
Prior to Permits
and During
Construction
BIO-2 Swainson’s Hawk Nest Avoidance. If an
active Swainson’s hawk nest is discovered at
any time within 0.5 mile of active construction,
a qualified biologist shall complete an
City of Clovis
Planning
Prior to Permits
and During
Construction
107
AGENDA ITEM NO. 15.

Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
assessment of the potential for current
construction activities to impact the nest. The
assessment shall consider the type of
construction activities to impact the nest. The
assessment shall consider the type of
construction activities, the location of
construction relative to the nest, the visibility of
construction activities from the nest location,
and other existing disturbances in the area that
are not related to construction activities of this
Project. Based on this assessment, the
biologist shall determine if construction
activities can proceed and if nest monitoring
will be required. At a minimum, construction
activities shall not occur within 100 feet of an
active nest and shall require monitoring if
within 500 feet of an active nest. These buffers
may need to increase depending on the
sensitivity of the nest location.

BIO-3 Pre-Activity Nesting Bird Surveys. If Project
activities must occur during the nesting
season (February 15 to August 31), preactivity nesting bird surveys shall be conducted no more than 7 days prior to the
start of construction at the construction site
plus a 250-foot buffer for songbirds and a
500-foot buffer for raptors (other than
Swainson’s hawk). If no active nests are
found, no further action is required; however,
note that nests may become active at any
time throughout the summer, including when
construction activities are occurring. If active
108
AGENDA ITEM NO. 15.

Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
nests are found during the survey or at any
time during Project construction, an avoidance
buffer ranging from 50 feet to 350 feet shall be
required, as determined by a qualified
biologist. The avoidance buffer shall remain in
place until the biologist has determined that
the young are no longer reliant on the nest.

Work may occur within the avoidance buffer
under the approval and guidance of the
biologist. The biologist shall have the ability to
stop construction if nesting adults show signs
of distress.

Cultural Resources
CULT-1 If archaeological or tribal resources or
materials are encountered during construction
activities, all work in the immediate vicinity of
the find shall halt until a qualified professional
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
City of Clovis
Planning
Prior to Permits
and During
Construction
109
AGENDA ITEM NO. 15.

Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
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 and Project shall
follow the procedures and protocols set for un
CEQA Guidelines Section 15064.4(e)(1). If
human remains are identified to be those of
Native American, California Health and Safety
Code 7050.5 requires the County coroner
notify the NAHC within 24 hours of discovery.

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
110
AGENDA ITEM NO. 15.

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

City of Clovis
Planning
Prior to Permits
and During
Construction
Tribal Cultural Resources
111
AGENDA ITEM NO. 15.

Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
TCR-1
If archaeological or tribal resources or materials are
encountered during construction activities, all work
in the immediate vicinity of the find shall halt until a qualified professional 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.

City of Clovis
Planning
Prior to Permits
and During
Construction
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
City of Clovis
Planning
Prior to Permits
and During
Construction
112
AGENDA ITEM NO. 15.

Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
Health and Safety Code and Project shall
follow the procedures and protocols set for un
CEQA Guidelines Section 15064.4(e)(1). If
human remains are identified to be those of
Native American, California Health and Safety
Code 7050.5 requires the County coroner
notify the NAHC within 24 hours of discovery.

All reports, correspondence, and
determinations regarding the discovery of
human remains on the project site shall be
submitted to the Lead Agency.
113
AGENDA ITEM NO. 15.

Attachment 2
ORDINANCE 24-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLOVIS CHANGING THE

OFFICIAL ZONE MAP OF THE CITY OF CLOVIS IN ACCORDANCE WITH SECTION

9.080.020 OF THE CLOVIS MUNICIPAL CODE TO PREZONE APPROXIMATELY 37.92 ACRES FROM THE FRESNO COUNTY AE-20 ZONE DISTRICT TO THE CLOVIS R-1- PRD ZONE DISTRICT FOR PROPERTIES LOCATED SOUTH OF E. BEHYMER, BETWEEN N. MINNEWAWA AND N. PEACH AVENUES
WHEREAS, DeYoung Properties, 677 W. Palmdon Drive Suite 208, Fresno, CA 93704 (“Applicant”), has applied for a Prezone (“R2024-006”); and WHEREAS, the Applicant’s request is to Prezone approximately 36.92 acres from the Fresno County AE-20 Zone District to the Clovis R-1-PRD Zone District in conjunction with its proposal to annex the subject property and develop the TM6482 project (“Project”), which would subdivide the subject property into approximately 266 residential lots; and WHEREAS, after consultation with the Fresno Local Agency Formation Commission (“LAFCo”) regarding the Applicant’s proposal, the annexation boundary was expanded to encompass approximately 37.92 acres to create a logical boundary, creating the need to expand the rezoning application to include the full annexation boundary, including prezoning a property to the R-1-PRD Zone District (“Prezone”); and WHEREAS, the Planning Commission held a duly noticed public hearing on November 21, 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 adopted a resolution recommending that the City Council approve R2024-006; and
WHEREAS, the Planning Commission’s recommendations were forwarded to the City Council for consideration; and
WHEREAS, the City published a notice of public hearing in The Business Journal on December 2, 2024, and a public notice was sent out to area residents within 1,500 feet of said property boundaries twenty-one (10) days prior to said hearing; and WHEREAS, the City Council held a duly noticed public hearing on December 16, 2024, to consider approval of R2024-006; and
WHEREAS, the City Council considered the California Environmental Quality Act (“CEQA”) analysis outlined in the staff report, which is incorporated by this reference herein, and elsewhere in the Administrative Record which determines that the Project meets the requirements pursuant to CEQA Guidelines and recommends that the City Council adopt the mitigated negative declaration and mitigation monitoring and reporting program; and 114
AGENDA ITEM NO. 15.

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.

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

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

2. The proposed prezone 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 December 16, 2024, staff report, which is hereby incorporated by reference, the entire Administrative Record, as well as the evidence and comments presented during the public hearing.

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

Section 1 The official map of the city is amended in accordance with Section

9.08.020 and Chapter 9.86 of the Clovis Municipal Code by rezoning certain land in the City of Clovis, County of Fresno, State of California, to wit:

LEGAL DESCRIPTION:

See the attached Attachment A.

From the Fresno County AE-20 Zone District to the Clovis R-1-PRD (Single-Family Planned Residential Development) Zone District;
Section 2 This Ordinance shall go into effect and be in full force from and after thirty (30) days after its final passage and adoption.

APPROVED: December 16, 2024
115
AGENDA ITEM NO. 15.
______________________________ ______________________________ Mayor City Clerk
* * * * * * * * * *
The foregoing Ordinance was introduced and read at a regular meeting of the City Council held on December 16, 2024, and was adopted at a regular meeting of said Council held on Date Adopted, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: Date Adopted
___________________________________
City Clerk
116
AGENDA ITEM NO. 15.

Attachment A – Legal Description

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

LOTS 5 AND 12 OF GARFIELD COLONY AS RECORDED IN VOLUME 2 OF RECORD OF SURVEYS AT PAGE 46 OF FRESNO COUNTY RECORDS, IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA.

EXCEPTING THEREFROM THAT PORTION OF LOT 12 DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT, THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT, 217.8 FEET; THENCE NORTHERLY, PARALLEL WITH THE EASTERLY LINE OF SAID LOT, 200.00 FEET; THENCE EASTERLY PARALLEL WITH THE SOUTH LINE OF SAID LOT, 217.8 FEET; THENCE SOUTHERLY, ALONG THE EASTERLY LINE OF SAID LOT, 200.00 FEET TO THE POINT OF BEGINNING.

NOTE: FOR THE PURPOSES OF THIS DESCRIPTION, THE NORTH LINE OF LOTS 5 AND 12 IS ASSUMED TO BE PARALLEL WITH AND 20 FEET SOUTH OF THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 12 SOUTH, RANGE 21 EAST, M.D.B&M. THE WEST LINE OF LOT 5 IS ASSUMED TO BE PARALLEL WITH AND 20 FEET EAST OF THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 12 SOUTH, RANGE 21 EAST, M.D.B&M. THE EAST LINE OF LOT 12 IS ASSUMED TO BE PARALLEL WITH AND 20 FEET WEST OF THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 12 SOUTH, RANGE 21 EAST, M.D.B&M. 117
AGENDA ITEM NO. 15.

Attachment 3
RESOLUTION 24-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING VESTING TENTATIVE TRACT MAP 6482 FOR A 266-LOT SINGLE-FAMILY SUBDIVISION ON APPROXIMATELY 36.92 ACRES OF PROPERTY LOCATED SOUTH OF E. BEHYMER, BETWEEN N. MINNEWAWA AND N. PEACH AVENUES WHEREAS, DeYoung Properties (“Applicant”), 677 W. Palmdon Drive Suite 208, Fresno, CA 93704, submitted the application for Vesting Tentative Tract Map 6482 (“TM6482”) (“Project”) for property located south of E. Behymer, between N. Minnewawa and N. Peach Avenues (“Property”); and
WHEREAS, the Planning Commission considered TM6482 on November 21, 2024 recommending approval of said map; and
WHEREAS, the Planning Commission’s recommendations were forwarded to the City Council for consideration; and
WHEREAS, the City of Clovis published notice of the public hearing in the Fresno Business Journal on December 2, 2024 mailed public notices to property owners within 1,500 feet of the Property, twenty-one (21) days prior to said Planning Commission hearing, and otherwise posted notice of the Public Hearing in accordance with applicable law; and
WHEREAS, the proposed TM6482 was presented to the City Council for approval in accordance with the Subdivision Map Act and Chapter 102 of Title 9 of the Clovis Municipal Code (Development Code); and
WHEREAS, a duly noticed hearing was held on December 16, 2024, at which time the City Council considered TM6482; and
WHEREAS, the City Council has given careful consideration to this map on December 16, 2024, and considered the CEQA analysis outlined in the staff report and elsewhere in the Administrative Record which determines that said map meets the requirements pursuant to CEQA Guidelines and does adopt the mitigated negative declaration and the mitigation monitoring program for the Project; and WHEREAS, the City Council has had an opportunity to review and consider the entire Administrative Record relating to TM6482, which is on file with the City of Clovis Department of Planning and Development Services, and reviewed and considered those portions of the Administrative Record determined to be necessary to make an informed decision, including, but not limited to, the staff report, the written materials submitted with the request, and the verbal and written testimony and other evidence presented during the public hearing, and the conditions of approval attached as Attachment A to this Resolution, which are incorporated herein by this reference (“Administrative Record”). 118
AGENDA ITEM NO. 15.

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

1. The City Council hereby approves TM6482 as shown in Attachment B, subject to the conditions of approval set forth in Attachment A to this Resolution.

2. TM6482 satisfies the required findings for approval of a Vesting Tentative Tract Map, as follows:
a. The proposed map, subdivision design, and improvements are consistent with the General Plan and any applicable specific plan.
b. The Project site is physically suitable for the type and proposed density of development.
c. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
d. The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems.
e. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.
f. The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board.
g. The design of the subdivision provides, to the extent feasible, passive or natural heating and cooling opportunities.
h. The proposed subdivision, its design, density, and type of development and improvements conform to the regulations of the Development Code and the regulations of any public agency having jurisdiction by law.

3. Without the conditions of approval (Attachment A of this resolution), the City Council could not make the findings necessary for approval of TM6482 (attached and labeled Attachment A).

4. The basis for the findings is detailed in the December 16, 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. * * * * * *
119
AGENDA ITEM NO. 15.

The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on December 16, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: December 16, 2024
______________________________ ______________________________ Mayor City Clerk
120
AGENDA ITEM NO. 15.

Attachment A
Conditions of Approval – TM6482
Planning Division Comments
(Marissa Jensen, Assistant Planner – 559-324-2338)

1. The developer shall comply with all mitigation measures identified in the Mitigation Monitoring and Reporting Program prepared for the Project, included as Attachment 10 to the staff report.

2. TM6482 is approved per Attachment B.

3. This Project is subject to the development standards of the Heritage Grove Master Plan.

4. The proposed project shall produce a comprehensive development of superior quality than which might otherwise occur from more traditional development on the site which will be reviewed and approved through the civil plan review process and residential site plan review (RSPR).

5. The developer shall obtain City approval in advance of temporary and permanent subdivision signs through separate sign review, consistent with the development criteria of the Development Code Sign Ordinance.

6. No more than two of the same unit type (floor layout and exterior materials package) shall be repeated side by side. When two of the same units are repeated side by side, they shall be different colors. These identical provisions may be waived by the City Planner on a specific lot basis within the project when the size or configuration of a lot would otherwise prevent compliance with the above requirements of any other siting or setback/yard requirements established under this application. If such a waiver is requested, the developer and City Planner shall work together to ensure that any sitings of units not in compliance with the above requirements shall be of different materials and elevations in order to minimize any adverse visual impacts that may result.

7. TM6482 is subject to the development standards of Planned Development Permit (PDP) 2024-002 and any amendments thereafter. Any development standards not expressed within PDP2024-002 and TM6482 shall be subject to the underlying Zone District R-1-PRD Standards and Guidelines, and the Development Code.

8. A RSPR is required to memorialize building plans and elevations for the different product types of TM6482. Specific color and materials of the models, walls, amenities, landscaping, and fencing will be evaluated through the civil plans.

9. Setbacks shall be measured to the exterior face of the framing of the structure.

Exceptions to the setbacks are identified in §9.24.100, of the Development Code. 121
AGENDA ITEM NO. 15.

10.Development standards for the lots of TM6482 shall be as follows:

Standard
Housing Products
Discover/Compass
(177 lots)
Freedom
(89 lots)
Minimum Lot Size (Square
Feet) 2,223 1,836
Minimum Parcel Width 39 feet 36 feet
Minimum Curved Parcel
Width 25 feet 20 feet
Minimum Corner Parcel
Width 25 feet 20 feet
Minimum Parcel Depth 57 feet 53 feet
Maximum Lot Coverage 65 % 65%
Maximum Height 2-stories / 35 feet 2-stories / 35 feet
Front (Garage) Setback 18 feet 18 feet
Front (Living) Setback 5 feet 5 feet
Setback to Projections
and/or Porch/ Patio 4 feet 4 feet
Garage Side Setback 5 feet 5 feet
Corner Street Side
Setbacks 3 feet 3 feet
Reversed Corner Street
Side Setback 8 feet 8 feet
Corner Street Side Fence
Setback 3 feet 3 feet
Interior Side Yard Setback
(opposite from garage) 3 feet 3 feet
Rear Setback 5 feet 5 feet
Garages
20’x20’ interior dimension
(2-car)
10’x20’ interior dimension
(1-car)
20’x20’ interior dimension
(2-car)
10’x20’ interior dimension
(1-car)

11.N. Peach Avenue is designated as a Neighborhood Boulevard and shall have a 20- foot landscape/pedestrian setback, with a 10-foot landscape, 6-foot walk, and 4-foot landscape buffer setback.

12.E. Behymer Avenue is designated as a Community Boulevard and shall have a 20- foot parkway, with a 10-foot landscape buffer adjacent to the right-of-way, 6-foot walk, and 4-foot landscape buffer setback.
122
AGENDA ITEM NO. 15.

13.N. Minnewawa Avenue is designated as a Thematic Street and shall have a 46-foot parkway, with a 8-foot landscape buffer adjacent to the right-of-way, 12-foot bike path, 6-foot landscape buffer, 12-foot trail, and 8-foot landscape buffer setback.

14.All internal local streets shall be a minimum of 50 feet in width as identified in Attachment 3B.

15.The developer shall construct a minimum six-foot high solid split face masonry wall along the north, west, and east perimeters of TM6482.

16.The developer shall utilize streetlights along local and private streets within the development area that are of the same design and luminosity as surrounding developments within Heritage Grove.

17.All lighting shall be screened from direct view from the public right-of-way and adjacent residential properties.

18.All landscaping (open space and private yards) shall conform to the City of Clovis Water Efficient Landscape Ordinance.

19.Landscape plans shall be reviewed and approved separately by the landscape review committee with the civil set for tree and landscape type and location.

20.All lots shall provide an all-weather surface and path for the placement and storage of trash toters. The paved path shall lead from the street to the fenced noncovered patio areas within the 5-foot side yard to the street.

21.Landscape features and forms within amenity areas shall be consistent with Heritage Grove Design Guidelines. Details shall be provided in the construction plan.

22.The applicant must provide a 0.75-acre pocket park with a spacious turf area, a 289 square foot shade structure, ADA compliant picnic tables, Adirondack chairs, two (2) playground areas for children ages 2-5 and 5-12 respectfully, concrete seat walls, and two (2) ping pong tables.

23.The developer shall design and install the Community Gateway (Community Corner Paseo) at the southeast corner of E. Behymer and N. Peach Avenues and the southwest corner of E. Behymer and N. Minnewawa Avenues. The Corner Paseo shall be designed to meet the intent outlined in the Heritage Grove Guidelines.

24.The developer shall record a Covenant regarding a “right to farm,” for adjacent property owners. Such agreement shall be disclosed to all future home buyers.

25.The applicant shall record a Notice of Nonconformance dealing with any structure used for model homes where the garage is converted for the use as a sales office. 123
AGENDA ITEM NO. 15.

26.Upon final recordation of this vesting tentative tract map, it shall be the applicant’s responsibility to furnish to the Planning Department an electronic (PDF) copy of the original map obtained from the Fresno County Recorder’s Office.

27.The applicant shall relay all conditions of approval for TM6482 to all subsequent purchasers of individual lots, if applicable, and/or to subsequent purchasers of this entire tract map development.

Fire Department Conditions
(Rick Fultz, Fire Department Representative – 559-324-2224) Roads / Access

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

29.Street Width: Fire apparatus access width shall be determined by measuring from “base of curb” to “base of curb” for roadways that have curbs. When roadways do not have curbs, the measurements shall be from the edge of the roadway surface (approved all weather surface). Clovis Fire Standard #1.1

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

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

32.Turning Radius: All access way roads constructed shall be designed with a minimum outside turning radius of forty-five feet (45’) Clovis Fire Standard #1.1

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

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

Water Systems

35.Residential Fire Hydrant: The applicant shall install 18 4 ½” x 2 ½” approved Residential Type fire hydrant(s) and “Blue Dot” hydrant locators, paint fire hydrant(s) yellow with blue top and caps, and paint the curb red as specified by the adopted Clovis Fire Department Standard #1.4. Plans shall be submitted to the Clovis Fire 124
AGENDA ITEM NO. 15.

Department for review and approval prior to installation. The hydrant(s) shall be charged and in operation prior to any framing or combustible material being brought onto the site. Clovis Fire Standard #1.4. The locations shown on the current tract meet Clovis Fire Department Standard #1.4.

36.Looped Water Main: The applicant shall install approved looped water main capable of the necessary flow of water for adequate fire protection and approved by the Clovis Fire Department.

Engineering / Utilities / Solid Waste Division Conditions (Sean Smith, Engineering Division Representative – 559-324-2363) (Paul Armendariz, Department Representative – 559-324-2649) Maps and Plans

37.The applicant shall have a final tract map prepared, in the form prescribed by the Subdivision Map Act and City of Clovis Municipal Code. The final tract map shall be submitted to the City of Clovis Engineering Division, and should include, but not be limited to, final tract map, the current filing fee, closure calculations, current preliminary title report, legal descriptions and drawings of required dedications.

38.The applicant shall submit separately to the City of Clovis Engineering Division, a set of construction plans on 24" x 36" sheets with City standard title block for all required improvements and a current preliminary title report. These plans shall be prepared by a registered civil engineer, and shall include a grading plan, landscape plan, a site plan showing trash enclosure locations and an overall site utility plan showing locations and sizes of sewer, water, storm drain, and irrigation mains, laterals, manholes, meters, valves, hydrants, fire sprinkler services, other facilities, etc. Plan check and inspection fees per City of Clovis Resolution No. 23-34 shall be paid with the first submittal of said plans. All plans shall be submitted at or before the time the building plans are submitted to the Building Division and shall be approved by the City and all other involved agencies prior to the release of any development permits.

39.Prior to the initial submittal of the improvement plans, the applicant shall contact Sean Smith at (559) 324-2363 to setup a coordination meeting (Pre-submittal Meeting).

40.Upon approval of improvement plans, the applicant shall provide the City with the appropriate number of copies. After all improvements have been constructed and accepted by the City, the applicant shall submit to the City of Clovis Engineering Division (1) digital copy to the City in PDF format of the approved set of construction plans revised to accurately reflect all field conditions and revisions and marked "ASBUILT" for review and approval. Upon approval of the AS-BUILTs by the City, and prior to granting of final occupancy or final acceptance, the applicant shall provide to the City (1) digital copy in PDF format and two (2) bond copies. 125
AGENDA ITEM NO. 15.

41.The applicant shall comply with reporting requirements in accordance with Government Code 65940.1, which requires the City to, “request from a development proponent, upon issuance of a certificate of occupancy or the final inspection, whichever occurs last, the total amount of fees and exactions associated with the project for which the certificate was issued. The City shall post this information on its internet website, and update it at least twice per year.” General Provisions

42.The applicant shall pay all applicable development fees at the rate in effect at the time of payment and prior to final map approval by Council or have the fees payable directly to the City through a separate escrow account at the time of recordation of the map.

43.The applicant is advised that, pursuant to California Government Code, Section 66020, any party may protest the imposition of fees, dedications, reservations, or other exactions imposed on a development project by a local agency. Protests shall be filed in accordance with the provisions of the California Government Code and shall be filed within 90 days after conditional approval of this application is granted. The 90 day protest period for this project shall begin on the “date of approval” as indicated on the “Acknowledgment of Acceptance of Conditions” form.

44.All reimbursement requests shall be prepared and submitted in accordance with the requirements of the current version of the “Developer Reimbursement Procedures” a copy of which may be obtained at the City Engineer’s Office.

45.The applicant shall install all improvements within public right-of-way and easements in accordance with the City of Clovis standards, specifications, master plans, and record drawings in effect at the time of improvement plan approval.

46.The applicant shall address all conditions, and be responsible for obtaining encroachment permits from the City of Clovis for all work performed within the City's right-of-way and easements.

47.The applicant shall submit a soils report or a waiver of soils report to the City of Clovis Engineering Division for approval by the City Engineer.

48.The applicant shall provide and pay for all geotechnical services per City policy.

49.The applicant shall comply with the requirements of the local utility, telephone, and cable companies. It shall be the responsibility of the applicant to notify the local utility, telephone, and cable companies for the removal or relocation of utility poles where necessary. The City shall not accept first submittals without proof that the applicant has provided the improvement plans and documents showing all proposed work to the utility, telephone, and cable companies. All utility vaults in which lids cannot be sloped to match proposed finished grading, local utilities have 5% max slope, shall be located in sidewalk areas with pedestrian lids so the lid slope matches sidewalk cross slope. 126
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50.All existing overhead and new utility facilities located on-site, within alleys, or within the street right-of-way along the streets adjacent to this tract shall be undergrounded unless otherwise approved by the City Engineer.

51.The applicant shall contact and address all requirements of the United States Postal Service Clovis Office for the location and type of mailboxes to be installed. The location of the facilities shall be approved by the City Engineer prior to approval of improvement plans or any construction.

52.The applicant shall contact and address Caltrans requirements, and be responsible for obtaining encroachment permits from Caltrans for all work performed within the State right-of-way. The applicant shall be required to mitigate impacts to State Highway facilities as determined by the City Engineer.

Dedications and Street Improvements

53.The applicant shall provide right-of-way acquisition or dedicate free and clear of all encumbrances and/or improve the following streets to City standards. The street improvements shall be in accordance with the City’s specific plans and shall match existing improvements. The applicant’s engineer shall be responsible for verifying the type, location, and grades of existing improvements.
a. Behymer Avenue – Along frontage between Minnewawa Ave and Peach Ave, dedicate to provide right-of-way acquisition for 58' (exist 20' south) south of section line and 27’ (exist 20’) north of section line, and improve with curb, gutter, sidewalk, drive approaches, curb return ramps, street lights, fiber optic conduit, median island, median island landscaping and irrigation, landscape strip, 39' (28’ South of centerline + 11’ North of centerline) permanent paving, permanent paving and overlay as necessary to match the existing permanent pavement, 3' paved swale, and transitional paving as needed.
b. Minnewawa Avenue – Along frontage, dedicate to provide right-of-way acquisition for 70.5' (exist 30') west of section line and 24.5’ (exist 30’) east of section line, and improve with curb, gutter, sidewalk, drive approaches, curb return ramps, street lights, fiber optic conduit, median island, median island landscaping and irrigation, landscape strip, 29' (22.5’ West of centerline +16.5’ East of centerline) permanent paving, permanent paving and overlay as necessary to match the existing permanent pavement, 3' paved swale, and transitional paving as needed.
c. Peach Avenue – Along frontage, dedicate to provide right-of-way acquisition for 56.5' (exist 30') east of section line and 24.5’ (exist 30’) west of section line, and improve with curb, gutter, sidewalk, drive approaches, curb return ramps, street lights, fiber optic conduit, median island, median 127
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island landscaping and irrigation, landscape strip, 39' (22.5’ East of centerline +16.5’ West of centerline) permanent paving, permanent paving and overlay as necessary to match the existing permanent pavement, 3' paved swale, and transitional paving as needed.
d. Interior Streets – Dedicate to provide for 50’ or 54’ of right-of-way in conformance with the City policy on street widths, and improve with curb, gutter, 5’ sidewalk adjacent to the curb, drive approaches, curb return ramps, streetlights, permanent paving, and all transitional paving as needed.
e. Entry feature streets with median islands shall have a minimum of 22’ wide travel lanes in each direction with parking or without parking. f. Temporary Turnabouts – Dedicate to provide for a 48' radius and install 45' of permanent/temporary paving plus 3' paved swale.
g. Install a traffic signal at Behymer and Minnewawa Avenues and provide the necessary right-of-way for the signal in its ultimate location. h. Install all-way stop signs at Behymer and Peach Avenues. i. Provide for the design of a traffic signal at Minnewawa and Perrrin Avenues. j. The applicant shall relinquish all access to Peach, Behymer, and Minnewawa Avenues.

54.The applicant shall provide a dedication for a 10' public utility easement, where applicable, along all public frontages. The applicant shall be responsible for obtaining approval by the utilities companies where alternate widths are provided. The applicant shall provide to the City copies of all final easements prior to final map acceptance.

55.For new onsite ADA paths of travel that connect to the City sidewalk, the applicant shall replace enough sidewalk to provide a compliant landing with appropriate transitions to existing sidewalk grades.

56.The applicant shall remove and repair all damaged or broken concrete improvements, such as but not limited to the following list. The City Engineer may require the repair of additional improvements if they are damaged prior to occupancy.

57.The applicant shall not install any fences, temporary or permanent in public right-ofway.

58.The applicant's engineer of record shall provide traffic geometric studies to determine exact limits of dedication(s) on Behymer Avenue and Minnewawa Avenue, and 128
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lengths and configuration of left turn, right turn pockets and bus bays. Additional dedication and improvements may be required depending on the traffic study.

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

60.The sideyard side of all corner lots shall have full width sidewalk except where planter strips or meandering sidewalk is proposed.

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

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

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

Sewer

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

65.The applicant shall install sanitary sewer mains of the size and in the locations indicated below, prior to occupancy. The sewer improvements shall be in accordance with the City’s master plans and shall match existing improvements. The applicant’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements. Any alternative routing of the mains shall require approval of the City Engineer and shall be supported by appropriate calculations. a. Behymer Avenue – install 15" main along frontage between Minnewawa Avenue and Peach Avenue.
b. Behymer Avenue – install 18" main between Peach Avenue and Willow Avenue.
c. Interior Streets – install 8" mains.

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

67.All existing sewer services that will not be used with this development shall be abandoned by cutting and capping the service at the right-of-way line. 129
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68.The applicant shall notify all property owners annexed to the City and along streets where a new sewer main will be constructed to determine if they wish to be connected to City sewer. Property owners shall work directly with the applicant regarding costs and location. The applicant shall notify property owners that sewer connection fees are required if they choose to connect.

69.The City cannot guarantee at this time that sewer capacity will be available for this development when site construction occurs. The applicant, therefore, waives any claim or demand against the City for any delay in availability of sewer capacity for this subdivision.

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

Water

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

72.The applicant shall install water mains of the sizes and in the locations indicated below, and provide an adequately looped water system prior to occupancy. The water improvements shall be in accordance with the City’s master plans, in accordance with the Technical Memorandum prepared for the project (Provost & Pritchard, TBD 2024) and shall match existing improvements. The applicant’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements. Any alternative routing of the mains shall require approval of the City Engineer and shall be supported by appropriate calculations.
a. Behymer Avenue – install 16" main along frontage between Peach and Minnewawa Avenues.
b. Behymer Avenue – install 16” main between Minnewawa and Clovis Avenues.
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c. Behymer Avenue – install 12" main between Willow and Peach Avenues. d. Behymer Avenue – install 24" main between Clovis and Baron Avenues. e. Perrin Avenue – install 12” main between Willow and Chapel Hill Avenues. f. Chapel Hill Avenue – install 12” main between Perrin and Pallisade Avenues.
g. Pallisade Avenue – install 12” main between Chapel Hill and Peach Avenues
h. Peach Avenue – install 12” main between Pallisade and Behymer Avenues i. Interior Streets – install 8" mains.
j. Install water storage tank T-6 per the Water Master Plan. The City Engineer shall determine the timing for the installation of T-6 by a future City CIP project.

73.The applicant shall install a City standard water service to each lot of the proposed subdivision. Water services shall be grouped at property lines to accommodate automatic meter reading system, including installation of connecting conduit. The water meter shall be placed in the sidewalk and not in planters or driveways.

74.All existing water services that will not be used with this development shall be abandoned by closing the service’s corporation stop and creating a physical separation between the corporation stop and the service.

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

76.Prior to recording a final map of any phase, the applicant shall demonstrate to the satisfaction of the City Fire Chief and City Engineer that there is adequate water pressure to serve the units to be constructed. The applicant shall work with the City Engineer to determine the adequacy of water supply/pressure for the proposed development.

77.Applicant acknowledges that water distribution and treatment capacity for the area within which the proposed subdivision is located is extremely limited, and that distribution may not be available to provide service for the proposed subdivision at such time as applicant is ready to seek approval of a final map. Applicant acknowledges, understands, and agrees that if such water distribution and treatment capacity is not available to serve the proposed subdivision, as determined in the sole and absolute discretion of the City of Clovis, the final map may not be approved. Notwithstanding the foregoing, applicant has freely and voluntarily chosen to proceed with the submittal and processing of the tentative map, intends to expend money, time and effort in connection therewith, and accepts the risks that the final map approval may be delayed until sufficient distribution is available as determined in the sole and absolute discretion of the City of Clovis. Applicant agrees to hold 131
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harmless and indemnify the City of Clovis from any and all claims, costs, expenses, and damages incurred or suffered by applicant, its principals, officers, employees, agents, or contractors, caused by, in connection with, or arising out of the unavailability of water distribution or treatment capacity to serve the proposed subdivision, or the City’s refusal or failure to approve a final map for the proposed subdivision because of the unavailability of water distribution or treatment capacity.

Recycled Water

78.The applicant shall install recycled water mains of the sizes and in the locations indicated below. The recycled water improvements shall be in accordance with the City’s master plans and shall match existing improvements. All areas utilizing recycle water for irrigation shall be clearly marked on the improvement plans. The applicant’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements. Any alternative routing of the mains shall require approval of the City Engineer and may require appropriate calculations.
a. Paseos, Trails, and Neighborhood Parks – install mains as necessary to serve the paseos, trails, and the neighborhood parks.

Grading and Drainage

79.The applicant shall contact the Fresno Metropolitan Flood Control District (FMFCD) and address all requirements, pay all applicable fees required, obtain any required NPDES permit, and implement Best Available Technology Economically Achievable and Best Conventional Pollutant Control Technology to reduce or eliminate storm water pollution. Plans for these requirements shall be included in the previously required set of construction plans, and shall be submitted to and approved by FMFCD prior to the release of any development permits.

80.In the event permanent storm drainage facilities are not available, the applicant shall provide temporary on-site retention basins for storm water disposal and provide a cash deposit for each basin to offset the City’s cost of maintaining the basins. The size and design shall be in accordance with the requirements of the City Engineer and may change based on design calculations and access requirements for maintenance. The temporary pond maintenance deposit shall be based on size, depth, expected maintenance schedule, etc. However, the property owner shall be responsible for periodic cleaning of toxic material. The temporary basin is solely for the convenience of the subdivision.

81.The owner of the property on which the temporary basin(s) are located shall backfilled said basin(s) within ninety (90) days after notice is given by the City that the basin(s) are no longer needed. In the event the owner fails to backfill said basin(s) within said 90 days, the City may cause the basin to be backfilled. A lien to cover the cost of the work will be placed on the property, including the costs to prepare and enforce the lien. A covenant shall be prepared and recorded on the lot on which the basin(s) is/are located.
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82.Grade differentials between lots and adjacent properties shall be adequately shown on the grading plan and shall be treated in a manner in conformance with City of Clovis Standard Drawing No. M-4 as modified by the City Council. Any retaining walls required on-site or in public right of way shall be masonry construction. All retaining walls shall be designed by a registered civil engineer.

Irrigation and Landscaping Facilities

83.The applicant, as a portion of the required tract improvements, shall provide landscaping and irrigation as required herein. The landscaping and irrigation shall be installed in public right-of-way and the area reserved for landscaping. The irrigation and landscape improvements shall be in accordance with the City’s master plans and shall match existing improvements. The applicant’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements. Plans for the required landscaping and irrigation systems shall be prepared by an appropriately registered professional at the applicant's expense and shall be approved by the City of Clovis Planning and Development Services Department and Public Utilities Department prior to the beginning of construction or the recording of the final tract map, whichever occurs first. Landscape and irrigation facilities that the City Landscape Maintenance District shall maintain: the park, paseos, paseo lights, interior street lights, entry features, landscape strips along Behymer, Peach, and Minnewawa Avenues, and the median islands in Behymer and Peach Avenues.

84.The owner shall request annexation to and provide a covenant for the Landscape Maintenance District. The property owner acknowledges and agrees that such request serves as a petition pursuant to California State Proposition 218 and no further election shall be required for the establishment of the initial assessment. The assessment for each lot shall be obtained from the City for the tax year following the recordation of the final map. The estimated annual assessment per average sized lot is $540.26, which is subject to change prior to issuance of building permit or final tract map approval and is subject to an annual change in the range of the assessment in the amount of the Consumer Price Index, U.S. City Average, All Urban Consumers (CPI Index), plus two percent (2%). The additional landscaping enhancements that exceed the City norms and are specific benefit to the property, such as the entry feature, columns, monuments, interior median islands, round-a-bouts, special street lights, etc, if determined to be maintained by the Landscape Maintenance District, shall be maintained by an additional landscape maintenance assessment. The applicant shall provide construction costs and deposit with the City an amount equal to 50% of the value of the enhanced landscaping hardscape features, or an alternate amount approved by the City Engineer, such as columns, monuments, and special street lights, that exceeds the City norms. The applicant shall provide the City with an estimate of the annual maintenance for the special lighting and landscaping enhancements that exceeds the City norms. The owner/developer shall notify all potential lot buyers before they actually purchase a lot that this tract is a part of a Landscape Maintenance District and shall inform potential buyers of the assessment 133
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amount. Said notification shall be in a manner approved by the City. The owner/developer shall supply all pertinent materials for the Landscape Maintenance District.

85.The applicant shall comply with the City of Clovis Water Efficient Landscape Requirements Ordinance.

86.The applicant shall contact and address all requirements of the Fresno Irrigation District (FID). This may include dedicating easements, piping or relocating any existing FID canals and ditches, replacing any existing irrigation piping, concrete lining or improving any existing canals, construction or reconstruction of any canals, culverts, and bridge crossings. Plans for these requirements and improvements shall be included as in the previously required set of construction plans, and shall be submitted to and approved by FID prior to the release of any development permits or recording of the final tract map. If a FID or private irrigation line is to be abandoned, the applicant shall provide waivers from all downstream users.

87.The applicant shall indicate on construction drawings the depth, location and type of material of any existing Fresno Irrigation District's irrigation line along the proposed or existing street rights-of-way or onsite. Any existing canals shall be piped. The material of the existing pipe shall be upgraded to the proper class of rubber gasket pipe at all locations unless otherwise approved by the City Engineer.

88.The applicant shall apply to the Fresno Irrigation District (FID) for transfer of irrigation water rights to the City of Clovis, if the property has not already been removed from FID and transferred to the City. The applicant shall execute a “Request for Change of Relative Value” that can be obtained and processed through FID. The applicant shall provide a copy of the completed form to the City.

89.All existing agricultural irrigation systems either on-site or in public right of way, whether FID or privately owned, shall be identified prior to any construction activity on the site. Service to all downstream users of irrigation water shall be maintained at all times through preservation of existing facilities or, if the existing facilities are required to be relocated, the relocation and replacement of the existing facilities. It is the intent that downstream users not bear any burden as a result of development of the site.

Therefore, the applicant shall pay all costs related to modification, relocation, or repair of any existing irrigation facilities resulting from or necessitated by the development of the site. The applicant shall identify on site plans and construction plans, all existing irrigation systems and their disposition (abandonment, repair, relocation, and/or piping). The applicant shall consult with the Fresno Irrigation District for any additional requirements for lines to be abandoned, relocated, or piped. The applicant shall provide waivers from all users in order to abandon or modify any irrigation pipelines or for any service interruptions resulting from development activities.

90.The applicant shall provide a landscape and irrigation perpetual maintenance covenant recorded for landscaping installed in the public right-of-way behind the curb 134
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including easements that will not be maintained by the Clovis Landscape Maintenance District. A recordable covenant shall be submitted to and approved by the City of Clovis City Engineer prior to final map approval.

91.The applicant shall provide a perimeter wall perpetual maintenance covenant on all properties that have a perimeter wall that is installed on private property. A recordable covenant shall be submitted to and approved by the City of Clovis City Engineer prior to final map approval.

Miscellaneous

92.The applicant shall install Sixty-Five (65) street lights per the attached street light exhibit. Street lights along the major streets shall be installed on metal poles to local utility provider’s standards at the locations designated by the City Engineer. Street light locations shall be shown on the utility plans submitted with the final map for approval. Street lights at future traffic signal locations shall be installed on approved traffic signal poles, including all conduits and pull boxes. Street lights along the major streets shall be owned and maintained by local utility providers. Proof of local utility provider’s approval shall be provided. The applicant may install thematic lighting, as approved by the City Engineer. If the applicant chooses to install thematic lighting, the applicant shall provide a conceptual lighting plan identifying adjacent properties that may be incorporated with thematic lights to create a neighborhood effect.

Thematic lighting owned by the City shall be maintained by an additional landscape maintenance assessment.

93.The applicant shall install all major street monumentation and section corner monumentation within the limits of the project work in accordance with City Standard ST-32 prior to final acceptance of the project. Monumentation shall include all section corners, all street centerline intersection points, angle points and beginning and end of curves (E.C.'s & B.C.'s). The applicant/contractor shall furnish brass caps. Any existing section corner or property corner monuments damaged by this development shall be reset to the satisfaction of the City Engineer. A licensed land surveyor or civil engineer licensed to perform land surveying shall certify the placement of all required monumentation prior to final acceptance. Brass caps required for installation of new monuments or replacement of existing monuments shall be provided by the contractor/the applicant and approved by City prior to installation. Within five days after the final setting of all monuments has been completed, the engineer or surveyor shall give written notice to the City Engineer that the final monuments have been set.

Upon payment to the engineer or surveyor for setting the final monuments, the applicant shall present to the City Engineer evidence of the payment and receipt thereof by the engineer or surveyor.

94.A deferment, modification, or waiver of any engineering conditions shall require the express written approval of the City Engineer.
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95.The conditions given herein are for the entire development. Additional requirements for individual phases may be necessary pending review by the City Engineer.

Fresno Metropolitan Flood Control District (FMFCD) Comments (Amjad M. Qader, FMFCD Representative – 559-456-3292)

96.The applicant shall refer to the attached FMFCD correspondence. If the list is not attached, please contact the FMFCD for the requirements.

Fresno Irrigation District (FID) Comments
(Jeremy Landrith, Department Representative – 559-233-7161 ext. 7407)

97.The applicant shall refer to the attached FID correspondence. If the list is not attached, please contact the FID for the list of requirements.

County of Fresno Health Department Comments
(Kevin Tsuda, County of Fresno Health Department Representative – 559-600-3271)

98.The applicant shall refer to the attached Fresno County Health Department correspondence. If the list is not attached, please contact the Health Department for the list of requirements.

California Department of Transportation
(Christopher Xiong, Caltrans Representative – 559-908-7064)

99.The applicant shall refer to the attached Caltrans correspondence. If the list is not attached, please contact the Caltrans for the list of requirements.

County of Fresno Dept. of Public Works and Planning
(David Randall, Department Representative – 559-600-4052) 100. The applicant shall refer to the attached County of Fresno correspondence. If the list is not attached, please contact the County of Fresno for the list of requirements.

San Joaquin Valley Air Pollution Control District (SJVAPCD) (Ryan Grossman, District Representative – 559-230-6569) 101. The applicant shall refer to the attached SJVAPCD correspondence. If the list is not attached, please contact the SJVSPCD for the list of requirements.

Department of Toxic Substances Control
(Tamara Purvis, District Representative – [email protected]) 102. The applicant shall refer to the attached DTSC correspondence. If the list is not attached, please contact the DTSC for the list of requirements. 136
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Administration Department Conditions
(John Holt, Department Representative – 324-2060)
103. Prior to approval, recordation or filing of an annexation, final map, or site plan, the property covered by the Project shall be included within or annexed to a Community Facilities District (CFD), established by the City for the provision of public facilities and services, for which proceedings have been consummated, and shall be subject to the special tax approved with the formation or annexation to the CFD. The CFD applies only to residential projects.
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N PEACH AVENUE
N MINNEWAWA AVENUE 4 3 2 1 8 7 6 5 OUTLOT A151617 10 18 11 19 121314 9 2021 70 64 66 67 68 69 65 73 74 71 72 75 37 24 33 27 32 28 23 25 26 31 36 35 34 29 30 22 38 51 43 39 40 41 42 50 49 48 47 46 44 45 52 63 62 61 60 59 58 55 56 57 53 54 86 85 84 83 76 77 78 79 80 81 82 92 91 93 90 89 88 87 97 96 95 94 98101 100 99 102 109 103 104 105 106 107 108 167 168 160 161 162 165 166 169 170 171 149 172 137159 138 139 140 141 142 143 144 145 147 148 158 157 156 154 153 151 155 110 124 116 117118119 114 120123 122 121 111 112 113 115 OUTLOT B 184 183 177 180 179 178 173 174 130 136 132 131 135 128 125 129 150 186 185 265 264 263 262 258 266 261 260 259 OUTLOT C251 256255254253252 257 237 231 234 228 235236 232 233 229 230 227 211 220 226 225 224 223 222 221 219 217 218 212 213 214 215 216 196 210 201 202 197 198 204 209 208 207 206 205 203 199 200238 239 240 241 242 243 244 245 246 247 248 250249 PALOMATE PACKAGE CO. INC. 556-010-10 JEANNETTE HERBOLD 556-010-34 BEHYMER & MINNEWAWA LLC 556-010-32 195 190 189 188 187 194 193 192 191 176 175 164 133 181 127 146152 163 134 126 182 EAST BEHYMER AVENUE ALVIN LEWIS 2015-0164536 APN: 556-01-12 VESTING TENTATIVE SUBDIVISIO MAP TRACT NO. 6482 Ó N N SHEET 1 OF 3
Attachment 3B 138
164 146152 181 133 127 7 6 8 2 1 4 3 5 151617 10 18 11 19 121314 9 OUTLOT A 2021 70 64 68 69 66 67 65 73 74 71 72 75 22 37 24 33 27 32 28 23 25 26 31 36 35 34 29 30 38 51 43 39 40 41 42 50 49 48 47 46 44 45 52 63 62 61 60 59 58 55 56 57 53 54 83 97 96 95 94 79 80 81 82 85 84 86 92 91 93 88 87 90 89 110 124 116 117118 119 114 120 123 122 121 111 112 113 115 76 77 78 98 101 100 99 102 109 103 104 105 106 107 108 137 159 138 139 140 141 142 143 144 145 157 156 158 154 153 155 136 135 134 125 126 184 183 182 160 161 162 163 OUTLOT B

N PEACH AVENUE E BEHYMER AVENUE N VESTING TENTATIVE SUBDIVISIO MAP TRACT NO. 6482 Ó SHEET 2 OF 3 139
163 149150 146 147 148 152 151 130 133 132 131 128 127 129 177 179 178 181 180 190 189 188 176 173 174 175 187 186 185 167 168 164 165 166 169 170 171 172 191 195 194 193 192 196 210 227 211 237 201 231 234 202 197 198 228 235236 232 233 229 230 220 226 225 224 223 222 221 219 217 218 212 213 214 215 216 204 209 208 207 206 205 203 199 200 263 262 265 264 258 266 260 259 261 OUTLOT C 251 256255254253252 257 248 250249 238 241 242 239 240 243 244 245 246 247 ALVIN LEWIS 2015-0164536 APN: 556-01-12 182 126 145153 134 N MINNEWAWA AVENUE E BEHYMER AVENUE PALOMATE PACKAGING CO. INC. APN: 556-010-10 N VESTING TENTATIVE SUBDIVISIO MAP TRACT NO. 6482 Ó SHEET 3 OF 3 140
Attachment 4
RESOLUTION 24-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING PLANNED DEVELOPMENT PERMIT 2024-002 FOR VESTING TENTATIVE TRACT MAP 6482 LOCATED SOUTH OF E. BEHYMER AVENUES, BETWEEN N.

MINNEWAWA AVENUE AND N. PEACH AVENUE
WHEREAS, DeYoung Properties, 677 W. Palmdon Drive Suite 208, Fresno, CA 93704, has submitted various applications including for: an application for Planned Development Permit (“PDP2024-002”) to deviate from the R-1 Zone District development standards associated with Vesting Tentative Tract Map 6482 (“TM6482”) for a 266-lot single-family subdivision (“Project”) on approximately 36.92 acres of property located on the located south of E. Behymer Avenues, between N. Minnewawa Avenue and the N.

Peach Avenue Alignment; (“Property”); and
WHEREAS, the proposed PDP2024-002 is in keeping with the intent and purpose of Chapter 66 of Title 9 of the Clovis Municipal Code (Development Code); and WHEREAS, the Planning Commission considered PDP2024-002 on November 21, 2024, recommending approval of said PDP; and
WHEREAS, the City published notice of the public hearing in the Fresno Business Journal on December 2, 2024 mailed public notices to property owners within 1,500 feet of the Property twenty-one (21) days prior to said City Council hearing, and otherwise posted notice of the Public Hearing according to applicable law; and WHEREAS, a duly noticed public hearing was held on December 16, 2024; and WHEREAS, the City Council has given careful consideration to this PDP on December 16, 2024, and considered the CEQA analysis outlined in the staff report and elsewhere in the Administrative Record which determines that the PDP meets the requirements pursuant to CEQA Guidelines and does adopt the mitigated negative declaration and the mitigation monitoring program for the Project; and WHEREAS, the City Council has reviewed and considered the entire Administrative Record relating to the Project, which is on file with the Department, and reviewed and considered those portions of the Administrative Record determined to be necessary to make an informed decision, including, but not necessarily limited to, the staff report, the written materials submitted with the request, and the verbal and written testimony and other evidence presented during the public hearing, and the conditions of approval attached as Attachment A to this Resolution, which are incorporated herein by this reference.

NOW, THEREFORE, BASED UPON THE ENTIRE RECORD OF THE
PROCEEDINGS, THE CITY COUNCIL RESOLVES AND FINDS AS FOLLOWS:
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1. The City Council hereby approves PDP2024-002, subject to the conditions of approval set forth in Attachment A of this Resolution.

2. The Project satisfies the required findings for approval of a PDP, as follows:
a. The Project is allowed within the subject base zoning district; b. The Project is consistent with the purpose, intent, goals, policies, actions, and land use designations of the General Plan and any applicable specific plan; c. The Project is generally in compliance with all of the applicable provisions of this Development Code relating to both on- and off-site improvements that are necessary to accommodate flexibility in site planning and property development and to carry out the purpose, intent, and requirements of this chapter and the subject base zoning district, including prescribed development standards and applicable design guidelines; d. The Project ensures compatibility of property uses within the zoning district and general neighborhood of the proposed development;
e. The Project would produce a comprehensive development of superior quality (e.g., appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities, incorporation of a program of enhanced amenities, etc.) than which might otherwise occur from more traditional development applications;
f. Proper standards and conditions have been imposed to ensure the protection of the public health, safety, and welfare;
g. Proper on-site traffic circulation and control is designed into the development to ensure protection for fire suppression and police surveillance equal to or better than what would normally be created by compliance with the minimum setback and parcel width standards identified in Division 2 of Title 9 of the Clovis Municipal Code (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards);
h. The subject Property is adequate in terms of size, shape, topography, and circumstances to accommodate the proposed development; and i. The design, location, operating characteristics, and size of the Project would be compatible with the existing and future land uses in the vicinity, in terms of aesthetic values, character, scale, and view protection. 142
AGENDA ITEM NO. 15.

3. Without the conditions of approval (Attachment A of this resolution), the City Council could not make the findings necessary for approval of PDP2024-002.

4. The basis for the findings is detailed in the December 16, 2024, staff report, which is hereby incorporated by reference, the entire Administrative Record, as well as the evidence and comments presented during the public hearing. * * * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on December 16, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: December 16, 2024
_____________________________ ______________________________ Mayor City Clerk
143
AGENDA ITEM NO. 15.

Attachment A
Conditions of Approval – PDP2024-002
Planning Division Comments
(Marissa Jensen, Assistant Planner – 559-324-2338)

1. The Project must produce a comprehensive development of superior quality than which might otherwise occur from more traditional development on the site. This will be reviewed and approved through the civil plan review process and residential site plan review.

2. The applicant must provide a 0.75-acre pocket park with a spacious turf area, a 289 square foot shade structure, ADA compliant picnic tables, Adirondack chairs, two (2) playground areas for children ages 2-5 and 5-12 respectfully, concrete seat walls, and two (2) ping pong tables.

3. The Applicant shall construct a minimum six-foot high solid split face masonry wall along the north, east, and west boundaries of TM6482.

4. The developer shall design and install the Community Gateway (Community Corner Paseo) at the corners of N. Peach and E. Behymer Avenues and N. Minnewawa and E. Behymer Avenues. The Corner Paseo shall be designed to meet the intent outlined in the Heritage Grove Guidelines.

5. The developer shall screen all ground mounted mechanical equipment from public view from abutting public streets and rights-of-way and open space uses. Screening material shall be constructed of materials consistent with the superior quality of the PDP and Heritage Grove Design Guidelines.

6. Landscape features and forms within amenity areas shall be consistent with Heritage Grove Design Guidelines. Details shall be provided in the construction plan.

7. No more than two (2) of the same unit type (floor layout and exterior materials package) shall be repeated side by side. When two (2) of the same units are repeated side by side, they shall be different colors. These identical provisions may be waived by the City Planner on a specific lot basis within the project when the size or configuration of a lot would otherwise prevent compliance with the above requirements of any other siting or setback/yard requirements established under this application. If such a waiver is requested, the developer and City Planner shall work together to ensure that any sitings of units not in compliance with the above requirements shall be of different materials and elevations in order to minimize any adverse visual impacts that may result.

8. Setbacks shall be measured to the exterior face of the framing of the structure.

Exceptions to the setbacks are identified in § 9.24.100, of the Clovis Municipal Code.

9. Development standards for the lots of TM6482 shall be as follows:
144
AGENDA ITEM NO. 15.

Standard
Housing Products
Discover/Compass
(177 lots)
Freedom
(89 lots)
Minimum Lot Size (Square Feet) 2,223 1,836
Minimum Parcel Width 39 feet 36 feet
Minimum Curved Parcel Width 25 feet 20 feet
Minimum Corner Parcel Width 25 feet 20 feet
Minimum Parcel Depth 57 feet 53 feet
Maximum Lot Coverage 65 % 65%
Maximum Height 2 stories / 35 feet 2 stories / 35 feet
Front (Garage) Setback 18 feet 18 feet
Front (Living) Setback 5 feet 5 feet
Setback to Projections and/or Porch/
Patio 4 feet 4 feet
Garage Side Setback 5 feet 5 feet
Corner Street Side Setbacks 3 feet 3 feet
Reversed Corner Street Side Setback 8 feet 8 feet
Corner Street Side Fence Setback 3 feet 3 feet
Interior Side Yard Setback (opposite
from garage) 3 feet 3 feet
Rear Setback 5 feet 5 feet
Garages
20’x20’ interior dimension (2-car)
10’x20’ interior dimension (1-car)
20’x20’ interior dimension (2-car)
10’x20’ interior dimension (1-car)

10.All lighting shall be screened from direct view from the public right-of-way and adjacent residential properties.

11.The developer shall utilize streetlights along local streets within the development area that are of the same design and luminosity as surrounding developments within Heritage Grove.

12.A residential site plan review is required to memorialize building plans and elevations for the different product types of TM6482. Specific color and materials of the models, walls, amenities, landscaping, and fencing will be evaluated through the civil plans. 145
AGENDA ITEM NO. 15.

Attachment 5
RESOLUTION 24-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS MAKING

APPLICATION TO THE FRESNO LOCAL AGENCY FORMATION COMMISSION AND REQUESTING THE COMMISSION TO TAKE PROCEEDINGS FOR THE PEACHBEHYMER SOUTHEAST REORGANIZATION WHEREAS, the City of Clovis desires to initiate proceedings pursuant to the Cortese-KnoxHertzberg Local Government Reorganization Act of 2000, Division 3, commencing with Section 56000 of the California Government Code, for the reorganization; and WHEREAS, the specific changes of organization requested are annexation to the City of Clovis and detachment from the Fresno County Fire Protection District; and WHEREAS, the territory proposed to be reorganized is inhabited, and on this day contains 5 voters, according to information received from the County Election Officer; and WHEREAS, a description of the boundaries of the territory is set forth in Attachment A attached hereto and by this reference incorporated herein; and WHEREAS, the proposal complies with the terms and standards of the tax sharing agreement between the City of Clovis and the County of Fresno; and WHEREAS, on December 16, 2024, the City Council approved the Initial Study completed for the project; and adopted a Mitigation Monitoring and Reporting Program for the annexation and development project of the property, which is the subject of Peach-Behymer Southeast Reorganization; and
WHEREAS, it is desired to provide that the proposed Peach-Behymer Southeast Reorganization be subject to the following terms and conditions:

1. The regular assessment roll shall be utilized.

2. Each new development will be required to demonstrate adequate water availability and, if necessary, will be required to drill and test a well, and to connect it to the city water system.

3. Each new development will be required to obtain sewage capacity from the trunk sewer specified by the City Engineer.

4. The provisions of Article II, Annexation by City, as agreed between the City of Clovis and the County of Fresno pursuant to the June 6, 2017, Memorandum of Understanding, as amended from time to time, regarding tax sharing shall apply. 146
AGENDA ITEM NO. 15.

5. The applicants shall reimburse the City for any expense associated with the transition agreement for fire services with the Fresno County Fire Protection District that would apply to this proposal.

6. A "Right-to-Farm" covenant shall be recorded for each tract map or made a condition of each tract map.

7. Pursuant to Government Code Section 56663, the City shall consent to the annexation and waive its rights to a hearing.

8. Prior to approval, recordation or filing of an annexation, tentative map, final map, parcel map, or site plan (Project), the property covered by the Project shall be included within or annexed to a Community Facilities District (CFD), established by the City for the provision of public facilities and services, for which proceedings have been consummated, and shall be subject to the special tax approved with the formation or annexation to the CFD.

The applicant and the property owner acknowledge and agree that if the Project was not part of a CFD, the City might lack the financial resources to operate facilities and provide public services, such as police protection, fire protection, emergency medical services, parks and recreation services, street maintenance, and public transit. Absent the requirement for inclusion of the Project within a CFD, the City might not be able to make the finding that the Project is consistent with the General Plan and relevant specific plans, and might not be able to make the findings supporting approval of the Project as required by the Subdivision Map Act and the California Environmental Quality Act, and the City might be required to deny the application for the Project.

The owner/developer shall notify all potential lot buyers prior to sale that this Project is a part of a Community Facilities District and shall inform potential buyers of the special tax amount. Said notification shall be in a manner approved by the City.

This requirement may be waived in the discretion of the City Council if, at the time of the approval, recordation, or filing of the Project, the City Council has determined that it is not necessary that the Project be included in the CFD; and WHEREAS, the terms and conditions above are the sole responsibility of the City of Clovis to monitor and enforce. The Fresno Local Agency Formation Commission will not be required to enforce the aforesaid terms and conditions as a responsible agency; and WHEREAS, the reason for this proposed reorganization is to provide municipal services, local controls, and logical growth to the unincorporated area of the County that is remote from County services and undergoing urban development; and
WHEREAS, this annexation proposal is consistent with the proposed City of Clovis’ general plan land use diagram designations; and
147
AGENDA ITEM NO. 15.

WHEREAS, the City Council has reviewed and approved the master service plan for the subject change of organization.

NOW, THEREFORE, THE CITY COUNCIL RESOLVES AND FINDS AS FOLLOWS:

1. The annexation of property within the boundaries set forth in Attachment A is in compliance with the Standards of Annexation as identified in the Memorandum of Understanding between the City of Clovis and the County of Fresno, which is commonly referred to as the Tax Sharing Agreement.

2. This Resolution of Application is hereby adopted and approved by the City Council of the City of Clovis, and the Fresno Local Agency Formation Commission is hereby requested to take proceedings for the reorganization of the territory as described in Attachment A, according to the terms and conditions stated above and in the manner provided by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.
* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on December 16, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: December 16, 2024
______________________________ ______________________________ Mayor City Clerk
148
AGENDA ITEM NO. 15.

Attachment A

CITY OF CLOVIS ANNEXATION

AREA TO BE ANNEXED INTO THE CITY OF CLOVIS GEOGRAPHIC

DESCRIPTION

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

LOTS 5 AND 12 OF GARFIELD COLONY AS RECORDED IN VOLUME 2 OF RECORD OF SURVEYS AT PAGE 46 OF FRESNO COUNTY RECORDS, IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA.

EXCEPTING THEREFROM THAT PORTION OF LOT 12 DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT, THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT, 217.8 FEET; THENCE NORTHERLY, PARALLEL WITH THE EASTERLY LINE OF SAID LOT, 200.00 FEET; THENCE EASTERLY PARALLEL WITH THE SOUTH LINE OF SAID LOT, 217.8 FEET; THENCE SOUTHERLY, ALONG THE EASTERLY LINE OF SAID LOT, 200.00 FEET TO THE POINT OF BEGINNING.

NOTE: FOR THE PURPOSES OF THIS DESCRIPTION, THE NORTH LINE OF LOTS 5 AND 12 IS ASSUMED TO BE PARALLEL WITH AND 20 FEET SOUTH OF THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 12 SOUTH, RANGE 21 EAST, M.D.B&M. THE WEST LINE OF LOT 5 IS ASSUMED TO BE PARALLEL WITH AND 20 FEET EAST OF THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 12 SOUTH, RANGE 21 EAST, M.D.B&M. THE EAST LINE OF LOT 12 IS ASSUMED TO BE PARALLEL WITH AND 20 FEET WEST OF THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 12 SOUTH, RANGE 21 EAST, M.D.B&M.

CONTAINS 37.92 ACRES, MORE OR LESS.
149
AGENDA ITEM NO. 15.

TRACT 6 4 8 2 - G RAND OAK TRAILS- Residential Land Use Development Standards

L A N D U S E D EV EL OP M EN T S T A N D A R D S

S I N GL E - F A M I L Y R ES I D EN T I A L
D ES I GN A T I ON S tandard N otes
Z one District R- 1- PRD
G P Density Range 7 .1 - 15.0 du / ac e7b†lŊb]h ensbt‹ !esb7entiaѴ ‰eѴѴbn] &nbts 17 7 Lots @ 3 9 x 57 min.

B uil ding I ntensity S tandard N otes
M inimu m Lot Area ƑƑƑƒ st[
M inimu m Lot Width 3 9 ’
M inimu m Lot Dep th 57 ’
M ax imu m Lot Coverage 6 5%
ѴѴo‰s =or =†t†re patio a77Ŋon an7 car ports =or
the sbn]Ѵe car ]ara]es.

M ax imu m Heigh t 3 5’
†rˆe7ķ †ѴŊ7eŊsac or orner
Lot 2 5’ min
or street =ronta]e
Corner/ Lot w idth
Reversed Corner 42 ’ Lot w idth
B uil ding S etb ack s S tandard N otes
Front Yard 18’ min./5 ’ min.
$o ]ara]eņ$o Ѵbˆbn] areaķ projections an7ņor
porchņpatio
Side Yard 5’ min/3 ’ min 5’ min garage side/3 ’ min op p osite side Corner/R everse Corner 3 ’ min/8 ’ min $o sb7e ‹ar7 =enceņ$o Ѵbˆbn] area Rear Yard 5’ min
G arages/S treets/Park ing S tandard N otes
G arages 1- car 10’ x 2 0’ min.
2 - car 2 0’ x 2 0’ min.
"treets Ő
†bѴbcő 50’ w ide
On- Street Parking Yes
A ccessory U ses eneral list of retuirements and restrictions. )aѴѴsņ
ences 6 ’ min - 8’ hi gh m ax
$reѴѴbses 12 ’ hi gh m ax

ooѴs an7 "pas 5’ min )ater portion to rear an7 sb7e
s.
ooѴ an7
spa la‹ not be Ѵocate7 bn =ront ‹ar7.

Equ ip ment

ooѴķ spa an7
=o†ntabn et†bplent
aѴѴo‰e7 bn sb7e ‹ar7
easement.

Covered S tructur es
ccessor‹ †bѴ7bn]s 12 ’ hi gh m ax oˆere7 str†ct†res an7 b†bѴ7bn] a77btions are aѴѴo‰e7 s†bject to reˆbe‰ b‹ the bt‹ o= Ѵoˆbsķ
proˆb7e7 that Ѵot coˆera]e stan7ar7s are not
ex ceeded and tha t a rear yard encroachm ent
perlbt bs obtabne7 b= encroachlent bnto rear
yard occu rs. v

DISCOVER SERIES COMPASS SERIES
$he bla]er‹ conˆe‹s salpѴes o= the
archbtect†raѴ character bnten7e7 =or these
neigh borh oods.

NOT TO SCALE

NOT TO SCALE
50’ TYPICAL LOT WIDTH
3’ min. to side yard fence/
8’ min. to living area on cornerlot/ reversed corner lot PUBLIC STREET PUBLIC SIDEWALK 5’ min to patio or living area to
provide front yard setback variation, covered
patios and CA Building Code updates.

Covered
Porch
Covered
Porch
Covered
Porch
Porch
5’ min on garage side
3’ min on living side
7 0’ TYPICAL LOT DEPTH
$+P.

C

.

Covered
Porch
18’ min. front yard setback to garage.
10’ min. front yard setback to living area; 9 ’
lbn. setback to porch or projections.

Covered
Patio
50’ TYPICAL LOT WIDTH
3’ min. to side yard fence/
8’ min. to living area on cornerlot/ reversed corner lot

FENCE LINE

PUBLIC STREETPUBLIC SIDEWALK
5’ min to patio or living area to
provide front yard setback variation, covered
patios and CA Building Code updates.

Covered
Patio
Covered
Patio
Covered
Patio
Covered
Patio
Covered
Porch
Covered
Porch
Covered
Porch
Covered
Porch Porch
5’ min on garage side
4’ min on living side
85’ TYPICAL LOT DEPTH
5’ min. front yard setback to living area; 4’ min.
setback to porch or projections. 18’ min. front yard setback to garage.

Attachment 6
AGENDA ITEM NO. 15.

TRACT 6 4 8 2 - G RAND OAK TRAILS- Residential Land Use Development Standards

L A N D U S E D EV EL OP M EN T S T A N D A R D S

S I N GL E - F A M I L Y R ES I D EN T I A L
D ES I GN A T I ON S tandard N otes
Z one District R- 1- PRD
G P Density Range 7 .1 - 15.0 du / ac e7b†lŊb]h ensbt‹ !esb7entiaѴ ‰eѴѴbn] &nbts 89 Lots @ 3 7 x 55 min.

B uil ding I ntensity S tandard N otes
M inimu m Lot Area ƐѶƒѵ st[
M inimu m Lot Width 3 6 ’
M inimu m Lot Dep th 53 ’
M ax imu m Lot Coverage 6 5%
ѴѴo‰s =or =†t†re patio a77Ŋon an7 car ports
=or the sbn]Ѵe car ]ara]es.

M ax imu m Heigh t 3 5’
†rˆe7ķ †ѴŊ7eŊsac or orner
Lot 2 0’ min
or street =ronta]e
Corner/ Lot w idth
Reversed Corner 3 9 ’ min Lot w idth
B uil ding S etb ack s S tandard N otes
Front Yard
18’ min./5 ’ min./4 ’
min.
$o ]ara]eņ$o Ѵbˆbn] areaņ$o projections an7ņor
porchņpatio
Side Yard 5’ min/3 ’ min 5’ min garage side/3 ’ min op p osite side Corner/R everse Corner 3 ’ min/8 ’ min $o sb7e ‹ar7 =enceņ$o Ѵbˆbn] area Rear Yard 5’ min
G arages/S treets/Park ing S tandard N otes
G arages 1- car 10’ x 2 0’ min.
2 - car 2 0’ x 2 0’ min.
"treets Ő
†bѴbcő 50’ w ide
On- Street Parking Yes
A ccessory U ses eneral list of retuirements and restrictions. )aѴѴsņ
ences 6 ’ min - 8’ hi gh m ax
$reѴѴbses 12 ’ hi gh m ax

ooѴs an7 "pas 5’ min )ater portion to rear an7 sb7e
s.
ooѴ an7
spa la‹ not be Ѵocate7 bn =ront ‹ar7.

Equ ip ment

ooѴķ spa an7
=o†ntabn et†bplent
aѴѴo‰e7 bn sb7e ‹ar7
easement.

Covered S tructur es
ccessor‹ †bѴ7bn]s 12 ’ hi gh m ax oˆere7 str†ct†res an7 b†bѴ7bn] a77btions are aѴѴo‰e7 s†bject to reˆbe‰ b‹ the bt‹ o= Ѵoˆbsķ
proˆb7e7 that Ѵot coˆera]e stan7ar7s are not
ex ceeded and tha t a rear yard encroachm ent
perlbt bs obtabne7 b= encroachlent bnto rear
yard occu rs.
3’ min. to side yard fence/
8’ min. to living area on cornerlot/ reversed corner lot

FENCE LINE

PUBLIC STREETPUBLIC SIDEWALK
3 8’ TYPICAL LOT WIDTH
Covered
Porch
5’ min on garage side
3’ min on living side
Covered
Porch
Covered
Porch
53 ’ M IN. LOT DEPTH
5’ min. front yard setback to living area; 4’ min.
setback to porch or projections.

Porch 18’ min. front yard
setback to garage
$
Ĺ onstr†ction o= lore than t‰o o= the sale
pѴan t‹pe bn a ro‰ or lore than three ƑŊcar ]ara]e lo7eѴs bn a ro‰ ŐeŠceptin] tan7el ]ara]e †nbtső shaѴѴ be a77resse7 thro†]h the !esb7entiaѴ "bte
Ѵan !eˆbe‰ process.

FREEDOM SERIES
$he bla]er‹ conˆe‹s salpѴes o= the
archbtect†raѴ character bnten7e7 =or these
neigh borh oods.

NOT TO SCALE
AGENDA ITEM NO. 15.

PLAYGROUND (2-5)

SHADE STRUCTURE
(17x17) W/ ADA

PICNIC TABLES

PLANTING AREA

ACCENT TREES
(CRAPE MYRTLE) BENCH
BENCH

ACCENT TREES
(CRAPE MYRTLE)

OUTDOOR PICNIC
D.G. SURFACING W/

PICNIC TABLES

PLANTING AREA

SHADE TREES
(PISTACHE)

SHADE TREES
(PISTACHE)

OPEN PLAY / TURF
• PLAYGROUND EQUIPMENT WILL REQUIRE CERTIFICA-
• TABLES SHALL BE SECURED TO GROUND USING ANCHORS INTO THE CONCRETE, CHAINS AND LOCK NOT • PLANTING AREA SHALL NOT INCLUDE ROSE BUSHES
• CELEBRATION HYBRID BERMUDA FOR GRASS AREAS
NOTES

ROUNDABOUT

W/ OAK TREE

OAK TREES
TURF

OAK TREE
PLAYGROUND (5-12)

ENGINEERED

WOOD FIBER CHIPS

CONCRETE WALK

CONCRETE WALK
P.I.P. CONCRETE

SEAT WALLS

PING PONG TABLES
ON D.G. (TAN)

ADIRONDACK CHAIRS

ADIRONDACK CHAIRS
DeYoung Heritage Grove│Peach and Behymer Park Concept 10 SCALE Attachment 7
AGENDA ITEM NO. 15.

DeYoung Heritage Grove│Peach and Behymer Park Vision
Shade Structure from Poligon Playground Age 2-5 from Gametime (Coghill) Playground Age 5-12 from Gametime (Double Decker) P.I.P. Conrete Seat Walls Ping Pong 3 from QCP, Color: TBS Alfresco Table 72 Dining Set from Loll Designs Adirondacks with Satellite Bundle from Loll Designs AGENDA ITEM NO. 15.

RESIDENCE
140

MODERN FARMHOUSE

MODERN SPANISH

CONTEMPO

PERSONAL SELECTION

PERSONAL SELECTION

INCLUDED
Attachment 8 154
AGENDA ITEM NO. 15.

FEATURES
3 Bedrooms
2 Baths
Dining Room
2-Car Garage

FLOORPLAN
1,401 SQ. FT.

OUTDOOR LIVING SPACE
119 SQ. FT.

To view all De Young Properties
floorplans, visit:
www.deyoungproperties.com
/new-homes/floorplans/
559.656.0550
www.deyoungproperties.com

BROKER CO-OP WELCOME

RESIDENCE
140
February 2024. Features list is general. Not all plans have all features. All information subject to change. Maps, photography and renderings are not to scale, are representational of artist concepts, can vary from the final product and subject to change. In the interest of continuous product improvement and to meet the changing market conditions, the builder reserves the right to modify, change or cancel floorplans, elevations, maps, specifications, warranties, features, services, prices, promotions/incentives and substitute product types without prior notice or obligation. All square footages and dimensions are approximate, may change and should not be used as a representation of an actual size of home or homesite. Promotional offers are typically limited to specific homes and communities and are subject to terms and conditions. Limitations may apply to all warranties. Refer to actual purchase agreement for additional information, disclosures, and disclaimers relating to any home, homesite, pricing, incentives/promotions and features. The amount or rate of real estate commissions is not fixed by law. They are set by each broker individually and may be negotiable between the seller and broker. Equal Housing Opportunity. Summerlin Walk by DYP 6400 L.P.; Cal. Contractors License 824208. Offered by De Young Realty, Inc., Real Estate Broker License. 01254160, CA Department of Real Estate. ©2024. All rights reserved Elevation • Modern Spanish
9’ Ceiling
W.I.C.

GREAT ROOM

KITCHEN
2-CAR GARAGE

COVERED
PATIO

PRIMARY SUITE
OPT. DEN
BATH 2

PRIMARY
BATH
DINING
PORCH
W/D

SHELVES
BEDROOM 2
BEDROOM 3
ENTRY
OPT.

COVERED
PATIO
OPT. 9' SLIDING GLASS DOOR
84 SQ. FT.
84 SQ. FT.
12'0" x 13'6"
12'0" x 11'0"
12'0" x 10'0"
OPT.

COVERED
DINING
155
AGENDA ITEM NO. 15.

RESIDENCE
150

PRELIMINARY

UNDER REVIEW
Changes may occur.

Square footage is approximate.

CONTEMPO
TUSCAN

MODERN SPANISH

MODERN FARMHOUSE
ALL ELEVATIONS TO FEATURE TIMBERLINE HDZ® REFLECTOR SERIES SHINGLES (NOT SHOWN) ALL ELEVATIONS TO FEATURE TIMBERLINE HDZ® REFLECTOR SERIES SHINGLES (SHOWN ABOVE) ALL ELEVATIONS TO FEATURE TIMBERLINE HDZ® REFLECTOR SERIES SHINGLES (NOT SHOWN) ALL ELEVATIONS TO FEATURE TIMBERLINE HDZ® REFLECTOR SERIES SHINGLES (NOT SHOWN)

PERSONAL SELECTION

PERSONAL SELECTION

PERSONAL SELECTION

INCLUDED
156
AGENDA ITEM NO. 15.

FEATURES
3 Bedrooms
2 Baths
Dining Room
2-Car Garage

FLOORPLAN
1,515 SQ. FT.

OUTDOOR LIVING SPACE
166 SQ. FT.

To view all De Young Properties
floorplans, visit:
www.deyoungproperties.com
/new-homes/floorplans/
559.656.0550
www.deyoungproperties.com

BROKER CO-OP WELCOME

RESIDENCE
150
BATH 2
GREAT
ROOM
BEDROOM 2
BEDROOM 3 COVERED
PORCH
ENTRY
2-CAR GARAGE

KITCHEN
PATIO

COVERED

LAUNDRY
PANTRY
OWNER
BATH
DINING
W.I.C.

OWNER
SUITE
OWNER
BATH 2

PRELIMINARY

UNDER REVIEW
Changes may occur.

Square footage is approximate.

OPT.

OPT.

OPT.
6' SLIDING GLASS DOOR
OPT. 9' SLIDING GLASS DOOR
DINING
PATIO

GREAT COVERED
ROOM
August 2023. Features list is general. Not all plans have all features. All information subject to change. Maps, photography and renderings are not to scale, are representational of artist concepts, can vary from the final product and subject to change. In the interest of continuous product improvement and to meet the changing market conditions, the builder reserves the right to modify, change or cancel floorplans, elevations, maps, specifications, warranties, features, services, prices, promotions/incentives and substitute product types without prior notice or obligation. All square footages and dimensions are approximate, may change and should not be used as a representation of an actual size of home or homesite. Promotional offers are typically limited to specific homes and communities and are subject to terms and conditions. Limitations may apply to all warranties. Refer to actual purchase agreement for additional information, disclosures, and disclaimers relating to any home, homesite, pricing, incentives/promotions and features. The amount or rate of real estate commissions is not fixed by law. They are set by each broker individually and may be negotiable between the seller and broker. Equal Housing Opportunity. Summerlin Walk owned by DYP 6400 L.P.; Cal. Contractors License 824208. Offered by De Young Realty, Inc., Real Estate Broker License. 01254160, CA Department of Real Estate. ©2023. All rights reserved Elevation • Modern Spanish
9’ Ceiling
ENTRY

LAUNDRY
PANTRY

KITCHEN
12’8” x 14’0”
11’ x 10’4”
11’ x 10’6”
77 SQ. FT.
157
AGENDA ITEM NO. 15.

RESIDENCE
160
Changes may occur.

Square footage is approximate.

MODERN SPANISH

MODERN FARMHOUSE

ITALIANATE

CONTEMPO
ALL ELEVATIONS TO FEATURE TIMBERLINE HDZ® REFLECTOR SERIES SHINGLES (NOT SHOWN) ALL ELEVATIONS TO FEATURE TIMBERLINE HDZ® REFLECTOR SERIES SHINGLES (SHOWN ABOVE) ALL ELEVATIONS TO FEATURE TIMBERLINE HDZ® REFLECTOR SERIES SHINGLES (NOT SHOWN) ALL ELEVATIONS TO FEATURE TIMBERLINE HDZ® REFLECTOR SERIES SHINGLES (NOT SHOWN)

PRELIMINARY

UNDER REVIEW

PERSONAL SELECTION

PERSONAL SELECTION

PERSONAL SELECTION

INCLUDED
158
AGENDA ITEM NO. 15.

FEATURES
3 Bedrooms
2 Baths
Dining Room
2-Car Garage

FLOORPLAN
1,608 SQ. FT.

OUTDOOR LIVING SPACE
97 – 216 SQ. FT.

To view all De Young Properties
floorplans, visit:
www.deyoungproperties.com
/new-homes/floorplans/
559.656.0550
www.deyoungproperties.com

BROKER CO-OP WELCOME
Elevation • Modern Spanish
9’ Ceiling

RESIDENCE
160
Changes may occur.

Square footage is approximate.

COVERED
PATIO
OPT. 9' SLIDING GLASS DOOR
August 2023. Features list is general. Not all plans have all features. All information subject to change. Maps, photography and renderings are not to scale, are representational of artist concepts, can vary from the final product and subject to change. In the interest of continuous product improvement and to meet the changing market conditions, the builder reserves the right to modify, change or cancel floorplans, elevations, maps, specifications, warranties, features, services, prices, promotions/incentives and substitute product types without prior notice or obligation. All square footages and dimensions are approximate, may change and should not be used as a representation of an actual size of home or homesite. Promotional offers are typically limited to specific homes and communities and are subject to terms and conditions. Limitations may apply to all warranties. Refer to actual purchase agreement for additional information, disclosures, and disclaimers relating to any home, homesite, pricing, incentives/promotions and features. The amount or rate of real estate commissions is not fixed by law. They are set by each broker individually and may be negotiable between the seller and broker. Equal Housing Opportunity. Summerlin Walk owned by DYP 6400 L.P.; Cal. Contractors License 824208. Offered by De Young Realty, Inc., Real Estate Broker License. 01254160, CA Department of Real Estate. ©2023. All rights reserved GREAT
ROOM
PATIO

COVERED

LAUNDRY
OWNER
SUITE
OWNER
BATH
W.I.C.

ENTRY

COVERED
PORCH
BEDROOM 2
BATH 2
BEDROOM 3

KITCHEN
DINING
FAMILY
ENTRY
2-CAR GARAGE
OPT.

OPT.

OPT.

DINING

KITCHEN BATH
OWNER
OPT.

ENTRY

LAUNDRY ENTRY
FAMILY
BATH 2
69 SQ. FT.
13’ x 16’
12’6” x 11’10”
12’6” x 11’

PRELIMINARY

UNDER REVIEW
159
AGENDA ITEM NO. 15.

RESIDENCE
180

PRELIMINARY

UNDER REVIEW
Changes may occur.

Square footage is approximate.

ITALIANATE
TUSCAN

MODERN SPANISH

CONTEMPO
ALL ELEVATIONS TO FEATURE TIMBERLINE HDZ® REFLECTOR SERIES SHINGLES (NOT SHOWN) ALL ELEVATIONS TO FEATURE TIMBERLINE HDZ® REFLECTOR SERIES SHINGLES (SHOWN ABOVE) ALL ELEVATIONS TO FEATURE TIMBERLINE HDZ® REFLECTOR SERIES SHINGLES (NOT SHOWN) ALL ELEVATIONS TO FEATURE TIMBERLINE HDZ® REFLECTOR SERIES SHINGLES (NOT SHOWN)

PERSONAL SELECTION

PERSONAL SELECTION

PERSONAL SELECTION

INCLUDED
160
AGENDA ITEM NO. 15.

FEATURES
3 Bedrooms

2.5 Baths
2-Car Garage

FLOORPLAN
1,826 - 1,871 SQ. FT.

OUTDOOR LIVING SPACE
140 - 158 SQ. FT.

To view all De Young Properties
floorplans, visit:
www.deyoungproperties.com
/new-homes/floorplans/
559.656.0550
www.deyoungproperties.com

BROKER CO-OP WELCOME
Elevation • Modern Spanish
9’ Ceiling

RESIDENCE
180
Second Floor • 9’ Ceiling

PRELIMINARY

UNDER REVIEW
Changes may occur.

Square footage is approximate.
12’ SLIDING GLASS DOOR
9’ SLIDING GLASS DOOR
OPT. SLIDING GLASS DOORS
OPT.

OPT.

OPT.

Tuscan/ Mod. Farmhouse
,talianate/ 0od. 6panish
145 sq. ft.
187 sq. ft.

August 2023. Features list is general. Not all plans have all features. All information subject to change. Maps, photography and renderings are not to scale, are representational of artist concepts, can vary from the final product and subject to change. In the interest of continuous product improvement and to meet the changing market conditions, the builder reserves the right to modify, change or cancel floorplans, elevations, maps, specifications, warranties, features, services, prices, promotions/incentives and substitute product types without prior notice or obligation. All square footages and dimensions are approximate, may change and should not be used as a representation of an actual size of home or homesite. Promotional offers are typically limited to specific homes and communities and are subject to terms and conditions. Limitations may apply to all warranties. Refer to actual purchase agreement for additional information, disclosures, and disclaimers relating to any home, homesite, pricing, incentives/promotions and features. The amount or rate of real estate commissions is not fixed by law. They are set by each broker individually and may be negotiable between the seller and broker. Equal Housing Opportunity. Summerlin Walk owned by DYP 6400 L.P.; Cal. Contractors License 824208. Offered by De Young Realty, Inc., Real Estate Broker License. 01254160, CA Department of Real Estate. ©2023. All rights reserved 10’8” x 10’6”
12’10” x 14’7”
15’8” x 14’6”
105 SQ. FT.
161
AGENDA ITEM NO. 15.

RESIDENCE
220

MODERN SPANISH
Changes may occur.

Square footage is approximate.

ITALIANATE

CONTEMPO

MODERN FARMHOUSE
ALL ELEVATIONS TO FEATURE TIMBERLINE HDZ® REFLECTOR SERIES SHINGLES (NOT SHOWN) ALL ELEVATIONS TO FEATURE TIMBERLINE HDZ® REFLECTOR SERIES SHINGLES (SHOWN ABOVE) ALL ELEVATIONS TO FEATURE TIMBERLINE HDZ® REFLECTOR SERIES SHINGLES (NOT SHOWN) ALL ELEVATIONS TO FEATURE TIMBERLINE HDZ® REFLECTOR SERIES SHINGLES (NOT SHOWN)

PRELIMINARY

UNDER REVIEW

PERSONAL SELECTION

PERSONAL SELECTION

PERSONAL SELECTION

INCLUDED
162
AGENDA ITEM NO. 15.

FEATURES
4 Bedrooms
3 Baths
2-Car Garage

FLEX YOUR FLOORPLAN
Flex Loft

FLOORPLAN
2,303 - 2,626 SQ. FT.

OUTDOOR LIVING SPACE
113 – 130 SQ. FT.

To view all De Young Properties
floorplans, visit:
www.deyoungproperties.com
/new-homes/floorplans/
559.656.0550
www.deyoungproperties.com

BROKER CO-OP WELCOME
Elevation • Modern Spanish
9’ Ceiling

RESIDENCE
220
Changes may occur.

Square footage is approximate.

OPT. 9’ SLIDING GLASS DOOR
January 2024. Features list is general. Not all plans have all features. All information subject to change. Maps, photography and renderings are not to scale, are representational of artist concepts, can vary from the final product and subject to change. In the interest of continuous product improvement and to meet the changing market conditions, the builder reserves the right to modify, change or cancel floorplans, elevations, maps, specifications, warranties, features, services, prices, promotions/incentives and substitute product types without prior notice or obligation. All square footages and dimensions are approximate, may change and should not be used as a representation of an actual size of home or homesite. Promotional offers are typically limited to specific homes and communities and are subject to terms and conditions. Limitations may apply to all warranties. Refer to actual purchase agreement for additional information, disclosures, and disclaimers relating to any home, homesite, pricing, incentives/promotions and features. The amount or rate of real estate commissions is not fixed by law. They are set by each broker individually and may be negotiable between the seller and broker. Equal Housing Opportunity. Summerlin Walk owned by DYP 6400 L.P.; Cal. Contractors License 824208. Offered by De Young Realty, Inc., Real Estate Broker License. 01254160, CA Department of Real Estate. ©2024. All rights reserved Second Floor • 9’ Ceiling
14’4” x 11’9”
12’ x 12’1”
OPT.

OPT.

OPT.

W.I.C.
14’4” x 15’1”
12’1” x 12’

FLEX LOFT
Second Floor • 9’ Ceiling

PRELIMINARY

UNDER REVIEW
163
AGENDA ITEM NO. 15.

D W
OPT.
2668

PRIMARY
SUITE BEDROOM 2
BEDROOM 3
GREAT
ROOM
DINING

KITCHEN

COVERED
PORCH
ENTRY

LAUNDRY
GARAGE
W.I.C.

BATH 2

PRIMARY
BATH
PLAN 1
OPT. OUTDOOR LIVING 136
PORCH 52
GARAGE 242
FLOOR PLAN 1222
PLAN 1 SQUARE FOOTAGE
NOTE: FINISHED SQUARE FOOTAGE CALCULATIONS FOR THIS HOUSE WERE MADE BASED ON PLAN DIMENSIONS ONLY AND MAY VARY FROM THE FINISHED SQUARE FOOTAGE OF THE HOUSE AS BUILT. DRAWN BY: DATE: SCALE:

SHEET
PLAN
CITY OF CLOVIS INT. REVISIONS DESCRIPTION DATE Ryan De Young President 677 W. PALMDON DR. SUITE 208 FRESNO, CALIFORNIA 93704 Ph:(559) 435-0900 Fax(559) 435-4474

FROM DE YOUNG PROPERTIES
PERSON RESPONSIBLE FOR PLANS :
© 2024 DE YOUNG PROPERTIES, INC.

THESE DRAWING ARE THE INSTRUMENT

BY LAW, WITHOUT WRITTEN PERMISSION

AND SOLE PROPERTY OF DE YOUNG PROPERTIES

THESE DRAWINGS IS STRICTLY PROHIBITED

ANY PART OR WHOLE REPRODUCTION OF
FRESNO, CA. 93704 (559) 435-0900

RYAN DE YOUNG
677 W. PALMDON DR. SUITE 208 DE YOUNG PROPERTIES 05/30/24 1 A1
164
AGENDA ITEM NO. 15.

DRAWN BY:

DATE:

SCALE:

SHEET
PLAN
CITY OF CLOVIS INT.

REVISIONS

DESCRIPTION DATE
Ryan De Young
President

FROM DE YOUNG PROPERTIES
PERSON RESPONSIBLE FOR PLANS :
© 2024 DE YOUNG PROPERTIES, INC.

THESE DRAWING ARE THE INSTRUMENT

BY LAW, WITHOUT WRITTEN PERMISSION

AND SOLE PROPERTY OF DE YOUNG PROPERTIES

THESE DRAWINGS IS STRICTLY PROHIBITED

ANY PART OR WHOLE REPRODUCTION OF
FRESNO, CA. 93704 (559) 435-0900

RYAN DE YOUNG
677 W. PALMDON DR. SUITE 208

DE YOUNG PROPERTIES
05/30/24
1 A1-2

STREET SIDE ELEVATION FRONT ELEVATION

MODERN SPANISH

MODERN FARMHOUSE

CONTEMPORARY TUSCAN

STREET SIDE FRONT ELEVATION

STREET SIDE ELEVATION FRONT ELEVATION
165
AGENDA ITEM NO. 15.

SCALE: 1/4"=1'-0"
UP
17 R
W
D
OPT.
2668
DN
17 R
SCALE: 1/4"=1'-0"
2-CAR GARAGE
DINING

KITCHEN
GREAT
ROOM

PRIMARY
SUITE
W.I.C.

BEDROOM 2 BEDROOM 3
ENTRY
BATH 2

PRIMARY
BATH

LAUNDRY

COVERED
PORCH
HALL
PDR.

OPEN TO
BELOW
PLAN 2 DRAWN BY: DATE: SCALE:

SHEET
PLAN
CITY OF CLOVIS INT. REVISIONS DESCRIPTION DATE Ryan De Young President 677 W. PALMDON DR. SUITE 208 FRESNO, CALIFORNIA 93704 Ph:(559) 435-0900 Fax(559) 435-4474

FROM DE YOUNG PROPERTIES
PERSON RESPONSIBLE FOR PLANS :
© 2024 DE YOUNG PROPERTIES, INC.

THESE DRAWING ARE THE INSTRUMENT

BY LAW, WITHOUT WRITTEN PERMISSION

AND SOLE PROPERTY OF DE YOUNG PROPERTIES

THESE DRAWINGS IS STRICTLY PROHIBITED

ANY PART OR WHOLE REPRODUCTION OF
FRESNO, CA. 93704 (559) 435-0900

RYAN DE YOUNG
677 W. PALMDON DR. SUITE 208 DE YOUNG PROPERTIES 05/30/24 NOTE: FINISHED SQUARE FOOTAGE CALCULATIONS FOR THIS HOUSE WERE MADE BASED ON PLAN DIMENSIONS ONLY AND MAY VARY FROM THE FINISHED SQUARE FOOTAGE OF THE HOUSE AS BUILT.

OPT. OUTDOOR LIVING 110
PORCH 71
GARAGE 463
TOTAL 1,392
SECOND FLOOR 768
FIRST FLOOR 624
PLAN 2 SQUARE FOOTAGE
NOTE: FINISHED SQUARE FOOTAGE CALCULATIONS FOR THIS HOUSE WERE MADE BASED ON PLAN DIMENSIONS ONLY AND MAY VARY FROM THE FINISHED SQUARE FOOTAGE OF THE HOUSE AS BUILT. 2 A1
166
AGENDA ITEM NO. 15.

DRAWN BY:

DATE:

SCALE:

SHEET
PLAN
CITY OF CLOVIS INT.

REVISIONS

DESCRIPTION DATE
Ryan De Young
President

FROM DE YOUNG PROPERTIES
PERSON RESPONSIBLE FOR PLANS :
© 2024 DE YOUNG PROPERTIES, INC.

THESE DRAWING ARE THE INSTRUMENT

BY LAW, WITHOUT WRITTEN PERMISSION

AND SOLE PROPERTY OF DE YOUNG PROPERTIES

THESE DRAWINGS IS STRICTLY PROHIBITED

ANY PART OR WHOLE REPRODUCTION OF
FRESNO, CA. 93704 (559) 435-0900

RYAN DE YOUNG
677 W. PALMDON DR. SUITE 208

DE YOUNG PROPERTIES
05/30/24
2 A2-2

FRONT ELEVATION

MODERN FARMHOUSE

FRONT ELEVATION

MODERN SPANISH

FRONT ELEVATION

CONTEMPORARY TUSCAN
167
AGENDA ITEM NO. 15.

SCALE: 1/4"=1'-0" SCALE: 1/4"=1'-0"
COATS
UP
17 R DN17 R
OPT.
2668
2-CAR GARAGE
DINING

KITCHEN
GREAT
ROOM

PRIMARY
SUITE
W.I.C.

BEDROOM 2 BEDROOM 3
ENTRY
BATH 2

PRIMARY
BATH

LAUNDRY

COVERED
PORCH

HALL PDR

OPEN TO
BELOW
PLAN 3 DRAWN BY: DATE: SCALE:

SHEET
PLAN
CITY OF CLOVIS INT. REVISIONS DESCRIPTION DATE Ryan De Young President 677 W. PALMDON DR. SUITE 208 FRESNO, CALIFORNIA 93704 Ph:(559) 435-0900 Fax(559) 435-4474

FROM DE YOUNG PROPERTIES
PERSON RESPONSIBLE FOR PLANS :
© 2024 DE YOUNG PROPERTIES, INC.

THESE DRAWING ARE THE INSTRUMENT

BY LAW, WITHOUT WRITTEN PERMISSION

AND SOLE PROPERTY OF DE YOUNG PROPERTIES

THESE DRAWINGS IS STRICTLY PROHIBITED

ANY PART OR WHOLE REPRODUCTION OF
FRESNO, CA. 93704 (559) 435-0900

RYAN DE YOUNG
677 W. PALMDON DR. SUITE 208 DE YOUNG PROPERTIES 05/30/24 NOTE: FINISHED SQUARE FOOTAGE CALCULATIONS FOR THIS HOUSE WERE MADE BASED ON PLAN DIMENSIONS ONLY AND MAY VARY FROM THE FINISHED SQUARE FOOTAGE OF THE HOUSE AS BUILT.

OPT. OUTDOOR LIVING 155
PORCH 53
GARAGE 467
TOTAL 1,627
SECOND FLOOR 911
FIRST FLOOR 716
PLAN 3 SQUARE FOOTAGE
3 A1
168
AGENDA ITEM NO. 15.

DRAWN BY:

DATE:

SCALE:

SHEET
PLAN
CITY OF CLOVIS INT.

REVISIONS

DESCRIPTION DATE
Ryan De Young
President

FROM DE YOUNG PROPERTIES
PERSON RESPONSIBLE FOR PLANS :
© 2024 DE YOUNG PROPERTIES, INC.

THESE DRAWING ARE THE INSTRUMENT

BY LAW, WITHOUT WRITTEN PERMISSION

AND SOLE PROPERTY OF DE YOUNG PROPERTIES

THESE DRAWINGS IS STRICTLY PROHIBITED

ANY PART OR WHOLE REPRODUCTION OF
FRESNO, CA. 93704 (559) 435-0900

RYAN DE YOUNG
677 W. PALMDON DR. SUITE 208

DE YOUNG PROPERTIES
05/30/24
3 A3-2

FRONT ELEVATION

MODERN FARMHOUSE

FRONT ELEVATION

MODERN SPANISH

FRONT ELEVATION

CONTEMPORARY TUSCAN
169
AGENDA ITEM NO. 15.

SCALE: 1/4"=1'-0"
DN
17 R
SCALE: 1/4"=1'-0" COATS S & P
UP
17 R 2-CAR GARAGE
DINING

KITCHEN
GREAT
ROOM

PRIMARY
SUITE
W.I.C.

BEDROOM 2
BEDROOM 3
ENTRY
BATH 2

PRIMARY
BATH

LAUNDRY
PDR
FLEX
SPACE

OPEN TO
BELOW
LOFT
HALL
PLAN 4
NOTE: FINISHED SQUARE FOOTAGE CALCULATIONS FOR THIS HOUSE WERE MADE BASED ON PLAN DIMENSIONS ONLY AND MAY VARY FROM THE FINISHED SQUARE FOOTAGE OF THE HOUSE AS BUILT.

OPT. OUTDOOR LIVING 163
PORCH 50
GARAGE 472
TOTAL 1,980
SECOND FLOOR 1077
FIRST FLOOR 903
PLAN 4 SQUARE FOOTAGE
4 A1 DRAWN BY: DATE: SCALE:

SHEET
PLAN
CITY OF CLOVIS INT. REVISIONS DESCRIPTION DATE Ryan De Young President 677 W. PALMDON DR. SUITE 208 FRESNO, CALIFORNIA 93704 Ph:(559) 435-0900 Fax(559) 435-4474

FROM DE YOUNG PROPERTIES
PERSON RESPONSIBLE FOR PLANS :
© 2024 DE YOUNG PROPERTIES, INC.

THESE DRAWING ARE THE INSTRUMENT

BY LAW, WITHOUT WRITTEN PERMISSION

AND SOLE PROPERTY OF DE YOUNG PROPERTIES

THESE DRAWINGS IS STRICTLY PROHIBITED

ANY PART OR WHOLE REPRODUCTION OF
FRESNO, CA. 93704 (559) 435-0900

RYAN DE YOUNG
677 W. PALMDON DR. SUITE 208 DE YOUNG PROPERTIES 05/30/24 170
AGENDA ITEM NO. 15.

DRAWN BY:

DATE:

SCALE:

SHEET
PLAN
CITY OF CLOVIS INT.

REVISIONS

DESCRIPTION DATE
Ryan De Young
President

FROM DE YOUNG PROPERTIES
PERSON RESPONSIBLE FOR PLANS :
© 2024 DE YOUNG PROPERTIES, INC.

THESE DRAWING ARE THE INSTRUMENT

BY LAW, WITHOUT WRITTEN PERMISSION

AND SOLE PROPERTY OF DE YOUNG PROPERTIES

THESE DRAWINGS IS STRICTLY PROHIBITED

ANY PART OR WHOLE REPRODUCTION OF
FRESNO, CA. 93704 (559) 435-0900

RYAN DE YOUNG
677 W. PALMDON DR. SUITE 208

DE YOUNG PROPERTIES
05/30/24
4 A4-2

FRONT ELEVATION

MODERN FARMHOUSE

FRONT ELEVATION

MODERN SPANISH

FRONT ELEVATION

CONTEMPORARY TUSCAN
171
AGENDA ITEM NO. 15.

SCALE: 1/4"=1'-0" SCALE: 1/4"=1'-0"
UP
17 R 2040 FX.

UP
17 R
2-CAR GARAGE
DINING

KITCHEN
GREAT

ROOM PRIMARY
SUITE
W.I.C. W.I.C.

BEDROOM 2
BEDROOM 3
ENTRY
BATH 2

PRIMARY
BATH

LAUNDRY

COVERED
PORCH

OPEN TO
BELOW
BATH 3
BEDROOM 3
LOFT
HALL
PLAN 5
NOTE: FINISHED SQUARE FOOTAGE CALCULATIONS FOR THIS HOUSE WERE MADE BASED ON PLAN DIMENSIONS ONLY AND MAY VARY FROM THE FINISHED SQUARE FOOTAGE OF THE HOUSE AS BUILT.

OPT. OUTDOOR LIVING 190
PORCH 27
GARAGE 464
TOTAL 2,079
SECOND FLOOR 1141
FIRST FLOOR 938
PLAN 5 SQUARE FOOTAGE
5 A1 DRAWN BY: DATE: SCALE:

SHEET
PLAN
CITY OF CLOVIS INT. REVISIONS DESCRIPTION DATE Ryan De Young President 677 W. PALMDON DR. SUITE 208 FRESNO, CALIFORNIA 93704 Ph:(559) 435-0900 Fax(559) 435-4474

FROM DE YOUNG PROPERTIES
PERSON RESPONSIBLE FOR PLANS :
© 2024 DE YOUNG PROPERTIES, INC.

THESE DRAWING ARE THE INSTRUMENT

BY LAW, WITHOUT WRITTEN PERMISSION

AND SOLE PROPERTY OF DE YOUNG PROPERTIES

THESE DRAWINGS IS STRICTLY PROHIBITED

ANY PART OR WHOLE REPRODUCTION OF
FRESNO, CA. 93704 (559) 435-0900

RYAN DE YOUNG
677 W. PALMDON DR. SUITE 208 DE YOUNG PROPERTIES 05/30/24 172
AGENDA ITEM NO. 15.

DRAWN BY:

DATE:

SCALE:

SHEET
PLAN
CITY OF CLOVIS INT.

REVISIONS

DESCRIPTION DATE
Ryan De Young
President

FROM DE YOUNG PROPERTIES
PERSON RESPONSIBLE FOR PLANS :
© 2024 DE YOUNG PROPERTIES, INC.

THESE DRAWING ARE THE INSTRUMENT

BY LAW, WITHOUT WRITTEN PERMISSION

AND SOLE PROPERTY OF DE YOUNG PROPERTIES

THESE DRAWINGS IS STRICTLY PROHIBITED

ANY PART OR WHOLE REPRODUCTION OF
FRESNO, CA. 93704 (559) 435-0900

RYAN DE YOUNG
677 W. PALMDON DR. SUITE 208

DE YOUNG PROPERTIES
05/30/24
5 A5-2

FRONT ELEVATION

MODERN FARMHOUSE

FRONT ELEVATION

MODERN SPANISH

FRONT ELEVATION

CONTEMPORARY TUSCAN
173
AGENDA ITEM NO. 15.

Ormonde Duplexes
Proposed Design
10-11-2018 DeYoung1422 Total sq.ft. Properties
Proposed 1200,1400,1600,1900 Elevations
3-22
1200,1400,1600,1900
-2024
Phase 1

VERSION I
Phase 2 approximate 60 days once approved
174
AGENDA ITEM NO. 15.
175
AGENDA ITEM NO. 15.

Proposed 1275 Modern Spanish Elevation
176
AGENDA ITEM NO. 15.

Proposed 1275 Modern Prairie Elevation
177
AGENDA ITEM NO. 15.

Proposed 1275 Modern Elevation
178
AGENDA ITEM NO. 15.
179
AGENDA ITEM NO. 15.

Proposed 1425 Modern Spanish Elevation
180
AGENDA ITEM NO. 15.

Proposed 1425 Modern Prairie Elevation
181
AGENDA ITEM NO. 15.

Proposed 1425 Modern Elevation
182
AGENDA ITEM NO. 15.

Proposed 1645 Modern Spanish Elevation
183
AGENDA ITEM NO. 15.

Proposed 1645 Modern Prairie Elevation
184
AGENDA ITEM NO. 15.

Proposed 1645 Modern Elevation
185
AGENDA ITEM NO. 15.

Attachment 9 186
AGENDA ITEM NO. 15.

County of Fresno

DEPARTMENT OF PUBLIC HEALTH
Environmental Health Division
Promotion, preservation and protection of the community’s health 1221 Fulton Street /P. O. Box 11867, Fresno, CA 93775
(559) 600-3357 • FAX (559) 455-4646
The County of Fresno is an Equal Employment Opportunity Employer www.co.fresno.ca.us • www.fcdph.org
September 24, 2024
LU0022411
2604
Marissa Jensen, Assistant Planner
City of Clovis
Planning and Development Services Department
1033 Fifth Street
Clovis, CA 93612
Dear Ms. Jensen:

PROJECT NUMBER: TM6482, R2024-006, PDP2024-002, RO311
TM6482; A request to approve a tentative tract map for a 266-lot single-family planned residential development on approximately 36.92 acres. R2024-006; A request to prezone approximately 37.92 acres from Fresno County AE-20 to the Clovis R-1-PRD Zone District. PDP2024-002; A planned development permit required for a 266-lot single-family planned residential development for land located on the south side of E. Behymer Avenue, between N. Peach and N. Minnewawa Avenues.

APN: 556-010-12, -28, -29 ZONING: AE-20 to R-1-PRD
ADDRESS: SEC N. Peach & E. Behymer Avenues
Recommended Conditions of Approval:
 Construction permits for development should be subject to assurance of sewer capacity of the Regional Wastewater Treatment Facility. Concurrence should be obtained from the California Regional Water Quality Control Board (RWQCB). For more information, contact staff at (559) 445-5116.
 Construction permits for the development should be subject to assurance that the City of Clovis community water system has the capacity and quality to serve this project. Concurrence should be obtained from the State Water Resources Control Board, Division of Drinking Water-Southern Branch. For more information call (559) 447-3300.
 The proposed project has the potential to expose nearby residents to elevated noise levels.

Consideration should be given to the Fresno County Ordinance Code the City’s municipal code.  As a measure to protect ground water, all water wells and/or septic systems that exist or have been abandoned within the project area should be properly destroyed by an appropriately licensed contractor.
 Should any underground storage tank(s) be found during the project, the applicant shall apply for and secure an Underground Storage Tank Removal Permit from the Fresno County Department of Public Health, Environmental Health Division. Contact the Fresno County Hazmat Compliance Program at (559) 600-3271 for more information.
187
AGENDA ITEM NO. 15.

Marissa Jensen
TM 6482, R2024-006, PDP2024-002, RO301
September 24, 2024