Agenda packet — Kerman City Council, September 25, 2024 (part 1 of 2)

CITY COUNCIL REGULAR MEETING AGENDA
Wednesday, September 25, 2024 at 6:00 PM
Kerman City Hall, 850 S. Madera Avenue, Kerman, CA 93630 LEVINE ACT DISCLOSURE. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the City Council is required to disclose on the record any campaign contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure should be made when the agenda item is called and must include the name of the party, participant, or agent, and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made. Council Members are also required to make such disclosures and recuse themselves.

CONFLICT OF INTEREST. City Council Members with a conflict of interest under the Political Reform Act are required to make disclosure of financial interest when the item is called and recuse themselves.

1. OPENING CEREMONIES
A. Call to Order
B. Roll Call
C. Invocation
D. Flag Salute

2. AGENDA APPROVAL/ADDITIONS/DELETIONS
To accommodate members of the public or convenience in the order of presentation, items on the agenda may not be presented or acted upon in the order listed.

3. PRESENTATIONS/CEREMONIAL MATTERS
A. Chamber of Commerce

4. PUBLIC FORUM (for matters not on agenda)
This portion of the meeting is reserved for members of the public to address the Council on items of interest that are not on the Agenda and are within the subject matter jurisdiction of the Council.

Speakers shall be limited to three minutes. It is requested that no comments be made during this period on items on the Agenda. Members of the public wishing to address the Council on items on the Agenda should notify the Mayor when that Agenda item is called, and the Mayor will recognize your discussion at that time. It should be noted that the Council is prohibited by law from taking any 1 action on matters discussed that are not on the Agenda. Speakers are asked to please use the microphone, and provide their name and address.

5. CONSENT CALENDAR
Matters listed under the Consent Calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the audience or a Council Member may request an item be removed from the Consent Calendar and it will be considered separately.

A. SUBJECT: Minutes - September 11, 2024
RECOMMENDATION: Council approve minutes as presented.

B. SUBJECT: Warrants (JA)

1. Nos.30140-30248 $424,114.29 ACH $103,307.71.

RECOMMENDATION: Council approve warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
C. SUBJECT: Monthly Investment Report (JA)
RECOMMENDATION: Council accept monthly investment report as presented.

D. SUBJECT: Proposal and Selection of New Phone System (JA) RECOMMENDATION: Staff recommends that the Council adopt resolution approving acceptance of proposal from Unity IT in the amount of $1,408.04 per month for telephone services and approximately $3,654.25 for equipment and authorize the City Manager to sign the proposal.

E. SUBJECT: Approving 2024-2027 Adult Compliance Team Agreement to Participate with Fresno County (SW)
RECOMMENDATION: Council by motion adopt resolution approving 2024-2027 Adult Compliance Team Agreement with County of Fresno.

6. PUBLIC HEARINGS
These hearings are scheduled at the time stated and will be heard by the Council as close to the time stated as possible.

A. SUBJECT: Whispering Falls Project: General Plan Amendment 2023-01, Mitigated Negative Declaration 2023-01, Rezone 2023-01, Tentative Subdivision Map 2023-01, and Annexation 2023-01 pertaining to the Whispering Falls residential development located on the east side of South Modoc Avenue between West California Avenue (proposed) and the West California Avenue Alignment/San Joaquin Valley Railroad (APNs 020-160-36S, 020-160-18S, 020-160-19S, 020-041-45S, 020-041-47S, and 020-041-09U) (BE)
2 RECOMMENDATION: That Council consider the second reading of ordinance, adoption of the Tentative Subdivision Map resolution and Annexation Initiation resolution; deliberate; and by motion:

1. Adopt an ordinance of the City Council of the City of Kerman amending the official City of Kerman zoning map to pre-zone approximately 44.75 acres (APNs 020-160-36S, 020-160- 18S, 020-041-45S, and 020-041-47S) to the Smart Development Combining District – Residential – Minimum 2,500 square feet (SD-R-2.5) Zoning District and approximately 20 acres (020-160-19S) to the Smart Development Combining District – Residential – Minimum 5,000 square feet (SD-R-5) Zoning District (REZ 2023-01).

2. Adopt a resolution approving Tentative Subdivision Map 2023-01 for a property located on the east side of South Modoc Avenue between West California Avenue (proposed) and the West California Avenue Alignment/San Joaquin Valley Railroad (APNs 020-160-36S, 020- 041-45S, 020-041-47S); and

3. Adopt a resolution initiating annexation for the Whispering Falls residential project consisting of six (6) parcels identified as APNs 020-160-36S, 020-160-18S, 020-160-19S, 020- 041-45S, 020-041-47S and 020-041-09U containing approximately 64.76 acres located on the east side of South Modoc Avenue between West Kearney Boulevard and the West California Avenue Alignment/San Joaquin Valley Railroad (Annexation 2023-01).

B. SUBJECT: Crown-Schaad Residential Project: Rezone 2023-02, Mitigated Negative Declaration 2023-03, Annexation 2023-02, and Tentative Subdivision Map 2023-02, pertaining to the Crown-Schaad Residential Development, located on the North Side of West Kearney Boulevard between South Modoc and South Siskiyou Avenues (APNs 020-140-22S and 020-140-23S) (JC) RECOMMENDATION: That the Council consider the second reading of ordinance; adoption of the Annexation Initiation resolution and Tentative Subdivision Map resolution; deliberate; and by motion:

1. Adopt an ordinance of the City Council of the City of Kerman amending the official City of Kerman zoning map to pre-zone approximately 9.69 aces (APN 020-140-22S) to the SD-R4.5 (Smart Development Combining District – Residential – minimum 4,500 square feet) Zone District and rezone approximately 19.65 acres (APN 020-140-23S) from the R-1-7 (Single-Family Residential) Zone District to the SD-R-4.5 Zone District located on the North side of West Kearney Boulevard between South Modoc and South Siskiyou Avenues (Rezone 2023-02); and adopt Mitigated Negative Declaration (ENV 2023-03) and Mitigated Monitoring and Reporting Program; and

2. Adopt a resolution of the City Council of the City of Kerman initiating annexation for the Crown-Schaad residential project consisting of one (1) parcel identified as APN 020-140-22S containing approximately 9.69 acres located on the North side of West Kearney Boulevard between South Modoc and South Siskiyou Avenues (Annexation 2023-02); and 3 3. Adopt a resolution of the City Council of the City of Kerman approving Tentative Subdivision Map 2023-02 located on the North side of West Kearney Boulevard between South Modoc and South Siskiyou Avenues (APNs 020-140-22S and 020-140-23S).

7. DEPARTMENT REPORTS
A. SUBJECT: Resolution Approving Successor Memorandum of Understanding with Kerman Peace Officers Association (JAJ)
RECOMMENDATION: Council by motion adopt resolution approving successor Memorandum of Understanding with Kerman Peace Officers Association effective July 1, 2024, through June 30, 2027.

B. SUBJECT: Second Reading and Adoption of Ordinance to Increase City Council and Mayor’s Compensation within allowable limits set forth by Government Code Section 36516 (JAJ & HCM) RECOMMENDATION: That Council conduct the second reading and adopt ordinance amending Section 2.40.010 of Title 2, Chapter 2.40 of the Kerman Municipal Code to increase the City Council and Mayor’s compensation within allowable limits set forth by Government Code Section 36516.

C. SUBJECT: Consider Rejecting All Bids Received for the Hart Ranch Community Park Project and Authorizing Advertisement of Revised Bid Documents (JG) RECOMMENDATION: Council by motion adopt resolution rejecting all bids for the Hart Ranch Community Park Project and authorizing staff to advertise revised bid documents.

8. CITY MANAGER/STAFF COMMUNICATIONS

9. MAYOR/COUNCIL REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS (This portion of the meeting is reserved for the Mayor and Council Members (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to request updates, (iii) to initiate future agenda items at the request of a Council Member, and (iv) to take action on matters initiated under this section of the agenda items. Under this section the Council may take action only on items specifically agendized and which meet other requirements for action.)

10. CLOSED SESSION
If desired, members of the public may comment on Closed Session items. Members of the public wishing to address Council on Closed Session items should notify the Mayor when that item is called, and the Mayor will recognize your discussion at that time. It should be noted that Council is prohibited from discussing or addressing comments on Closed Session items.

A. 1. Public Employee Performance Evaluation pursuant to Government Code Section 54957 Title: City Manager

2. Conference with Labor Negotiators pursuant to Government Code Section 54957.6 City Designated Representatives: Mayor Pacheco and Council Member Yep Unrepresented Employee: City Manager
4 11. ADJOURNMENT
NOTICE OF AVAILABILITY OF AGENDA MATERIALS: Any writings or documents provided to a majority of the City Council within 72 hours of the meeting regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office located at 850 S. Madera Ave., Kerman, CA 93630 and on the City website at www.cityofkerman.net.

ADA Compliance and Reasonable Accommodation. The Council has adopted a Reasonable Accommodation Policy, which is available on the City website at www.cityofkerman.net or upon request by emailing the City Clerk at [email protected] or calling (559) 846-9450.

The Policy provides a procedure for receiving and resolving requests for accommodation to participate in this meeting. If you need assistance in order to attend this Council meeting or require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the Council, please contact the City Clerk at (559) 846-9450 or email at [email protected] so such aids or services can be arranged. Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation. The meeting room is accessible to persons with physical disabilities.

AGENDA POSTING CERTIFICATION
I, Josie Camacho, City Clerk for the City of Kerman, do hereby declare under penalty of perjury that I caused the above agenda to be posted at City of Kerman Council Chambers at 850 S. Madera Ave., Kerman, CA 93630 and on the City website at www.cityofkerman.net.

Date: September 20, 2024 /s/ Josie Camacho, City Clerk
5 CITY COUNCIL REGULAR MEETING MINUTES
Wednesday, September 11, 2024 at 6:00 PM
Kerman City Hall, 850 S. Madera Avenue, Kerman, CA 93630

1. OPENING CEREMONIES
A. Call to Order - 6:09 p.m.

B. Roll Call - All present except for Councilmember Yep and Mayor Pacheco.

C. Invocation - Performed by Pastor Bryan Arabian.

D. Flag Salute – Performed

2. AGENDA APPROVAL/ADDITIONS/DELETIONS
Motion made by Councilmember Herrera, Seconded by Councilmember Coleman.

Ayes: Herrera, Coleman, Nijjer
Noes: None
Abstain: None

Absent: Yep, Pacheco.

Motion passes 3-0-0-2.

3. PRESENTATIONS/CEREMONIAL MATTERS
A. National Hispanic Heritage Month - Presented.

B. Introduction of Police Department Employees - Presented by Chief Wilkins and certificates presented by Kyle Savage on behalf of Congressman Duarte's office.

C. Employee Recognition - Presented to Chief Wilkins.

Recess at 6:27 p.m.

Reconvene at 6:37 p.m.

4. PUBLIC FORUM (for matters not on agenda)
Kyle Savage, Susan Toste

5. CONSENT CALENDAR
A. SUBJECT: Minutes - August 28, 2024
6 Section 5, Item A.

RECOMMENDATION: Council approve minutes as presented.

B. SUBJECT: Warrants (JA)

1. Nos.29983-30139 $1,267,516.70 ACH $145,402.77.

RECOMMENDATION: Council approve warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
C. SUBJECT: Payroll (JA)
08/18/2024 to 08/31/2024: $223,194.85; Retro Pay & Other: $922.28; Overtime: $9,745.26; Standby: $1,790.11; Comp Time Earned: 64.88
RECOMMENDATION: Council approve payroll as presented.

D. SUBJECT: Adopting Amendments to the Conflict of Interest Code (JC) RECOMMENDATION: Council by motion amend the Conflict of Interest Code and accept the 2024 Local Agency Biennial Notice. Res. 24-72
Motion made by Councilmember Coleman, Seconded by Councilmember Herrera.

Ayes: Coleman, Herrera, Nijjer
Noes: None
Abstain: None

Absent: Yep, Pacheco.

Motion passes 3-0-0-2.

6. PUBLIC HEARINGS - None.

7. DEPARTMENT REPORTS
A. SUBJECT: Consideration of Donation Grant Deed from City to the State of California, Department of Transportation Relating to KUSD Harvest Elementary School Project (JG) RECOMMENDATION: Council adopt Resolution Approving Donation Grant Deed Relating to Parcel 89844-1 to the State of California, Department of Transportation (Caltrans). Res. 24-73 Motion made by Councilmember Herrera, Seconded by Councilmember Coleman.

Ayes: Herrera, Coleman, Nijjer
Noes: None
Abstain: None

Absent: Yep, Pacheco.

Motion passes 3-0-0-2.
7 Section 5, Item A.

B. SUBJECT: Consideration and First Reading of an Ordinance to Increase City Council Compensation (JJ & HC)
RECOMMENDATION: That pursuant to Council direction of August 28, 2024, the City Council waive full reading and consider introduction at this meeting and adoption at the following meeting of Ordinance Amending Section 2.40.010 of Title 2, Chapter 2.40 of the Kerman Municipal Code Regarding City Council Compensation. The ordinance compensation amounts are within allowable limits set forth by Government Code Section 36516. Ord. 24-07 Motion made by Councilmember Coleman, Seconded by Councilmember Herrera.

Ayes: Coleman, Herrera, Nijjer
Noes: None
Abstain: None

Absent: Yep, Pacheco.

Motion passes 3-0-0-2.

8. CITY MANAGER/STAFF COMMUNICATIONS

9. MAYOR/COUNCIL REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS

10. CLOSED SESSION - 6:57 p.m.

A. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8 Property: APN 023-220-08S
Agency Negotiators: City Manager Jansons
Negotiating Parties: Jagrup and Sukhdev Sidhu, Trustees The Sidhu Family Trust Under Negotiation: Price, terms, payment
B. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8 Property: APN 025‑ 010‑ 04U
Agency Negotiators: John Jansons, City Manager
Negotiating Parties: Union Pacific Railroad Rick Harris, Real Estate Manager Under Negotiation: Price and Terms
Reconvene at 7:30 p.m. with no reportable action.

11. ADJOURNMENT - 7:30 pm.

MINUTES CERTIFICATION
I, Josie Camacho, City Clerk for the City of Kerman, do hereby declare under penalty of perjury that the above minutes are a true depiction of all actions taken at the City Council meeting held on the first date above written at Kerman City Hall, 850 S. Madera Ave, Kerman, CA.

Date: September 12, 2024 /s/ Josie Camacho, City Clerk
8 Section 5, Item A.

Accounts Payable
User:

Printed:

VSandoval
9/13/2024 3:31 PM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
30140 11749 2THRIVE MEDIA LLC 09/04/2024 1,255.83
30141 11525 ADOLPHS A-1 TREE SERVICE 09/04/2024 4,700.00 30142 10645 ALPHAGRAPHICS 09/04/2024 442.85
30143 12537 AMERITAS GROUP INSURANCE CORP- DENTAL CLAIMS 09/04/2024 1,784.03 30144 10035 AQUA NATURAL SOLUTIONS 09/04/2024 758.07
30145 12348 BRADY INDUSTRIES 09/04/2024 105.75
30146 10452 CITY OF FRESNO WMD 09/04/2024 153.00
30147 11259 CIVIC PLUS INC 09/04/2024 5,000.00
30148 10103 COLONIAL LIFE 09/04/2024 577.58
30149 10105 COMMUNITY HOSPITALS OF CENTRAL CALIFORNIA 09/04/2024 350.00 30150 10114 CROWN SHORT LOAD CONCRETE 09/04/2024 686.54 30151 10128 DEPARTMENT OF JUSTICE 09/04/2024 622.00
30152 12068 DXP ENTERPRISES INC 09/04/2024 1,400.00
30153 11398 FASTSIGNS 09/04/2024 135.71
30154 10157 FERGUSON ENTERPRISES INC 09/04/2024 471.28
30155 12662 FRESNO CHAMBER OF COMMERCE 09/04/2024 750.00 30156 10572 FRESNO CITY COLLEGE 09/04/2024 420.00
30157 10185 GRAINGER 09/04/2024 396.76
30158 11358 GREAT AMERICA FINANCIAL SERVICES09/04/2024 383.53 30159 10226 JORGENSEN & CO 09/04/2024 25.67
30160 10228 JS COMMUNICATIONS INC 09/04/2024 647.31
30161 10239 KERWEST INC 09/04/2024 268.00
30162 10249 LEAGUE OF CALIFORNIA CITIES 09/04/2024 25.00 30163 10251 LIGHTHOUSE ELECTRIC INC 09/04/2024 3,446.20 30164 11703 MAVERICK DATA SYSTEMS LLC 09/04/2024 250.00 30165 12663 MY SECURITY SIGN 09/04/2024 312.54
30166 10282 OFFICE DEPOT 09/04/2024 303.98
30167 10289 P.G.& E. 09/04/2024 1,473.89
30168 10309 PROFORCE LAW ENFORCEMENT 09/04/2024 884.00
30169 11114 SHERWIN WILLIAMS 09/04/2024 1,812.41
30170 10862 SIGNMAX 09/04/2024 131.10
30171 12573 SOUTH VALLEY COMPANIES INC 09/04/2024 40,375.00 30172 12054 SPARKLETTS 09/04/2024 119.36
30173 11460 SUPERIOR POOL PRODUCTS LLC 09/04/2024 1,262.90 30174 10015 THE ADVANCE GROUP INC 09/04/2024 809.45
30175 11502 TIREHUB LLC 09/04/2024 896.67
30176 10387 USA BLUE BOOK 09/04/2024 225.29
30177 10406 WEST HILLS OIL INC 09/04/2024 6,561.46
30178 UB*01846 YOLVA AVILES 09/04/2024 107.44
30179 UB*01849 MARDEN BARNES 09/04/2024 49.01
30180 UB*01848 WILLIAM BURKE 09/04/2024 82.58
30181 UB*01850 MARIANO FLORES 09/04/2024 123.55
30182 UB*01851 GUADALUPE GARCIA 09/04/2024 24.30
30183 UB*01854 SALEH A AL HAIDERI 09/04/2024 203.31
30184 UB*01852 KARLA KAMEY CEBALLOS 09/04/2024 48.60
30185 UB*01844 KUSD WAREHOUSE 09/04/2024 92.59
30186 UB*01847 PEBBLE BROOK VILLAGE 09/04/2024 46.12
AP Checks by Date - Summary by Check Date (9/13/2024 3:31 PM) Page 1 9 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
30188 UB*01853 TELA STEINAUER 09/04/2024 31.13
Total for 9/4/2024: 81,031.79
ACH 10147 EMPLOYMENT DEVELOPMENT DEPARTMENT 09/06/2024 7,916.60 ACH 10517 FEDERAL TAXES PAYROLL 09/06/2024 53,085.28
ACH 10518 KERMAN POLICE OFFICERS ASSN 09/06/2024 824.00 ACH 10519 KERMAN MUNICIPAL EMPLOYEES ASSN09/06/2024 270.00 ACH 10520 ICMA-RC 09/06/2024 1,809.40
ACH 10522 CALPERS 09/06/2024 39,402.43
Total for 9/6/2024: 103,307.71
30189 10021 ALERT O LITE 09/12/2024 606.65
30190 12538 AMERITAS GROUP INSURANCE CORP- DENTAL FEES 09/12/2024 435.50 30191 12257 AMERITAS LIFE INSURANCE CORP- VISION FEES 09/12/2024 845.89 30192 12530 APOLLO HEALTH INC 09/12/2024 140.00
30193 10040 AT&T MOBILITY 09/12/2024 2,841.31
30194 10504 AUTOZONE 09/12/2024 530.41
30195 11355 BADGER METER 09/12/2024 415.00
30196 11917 BLAIS & ASSOCIATES LLC 09/12/2024 2,836.50
30197 10056 BOGIE'S PUMP SYSTEMS 09/12/2024 5,584.97
30198 12348 BRADY INDUSTRIES 09/12/2024 493.83
30199 10061 BSK ASSOCIATES 09/12/2024 1,963.75
30200 10617 C A REDING CO INC 09/12/2024 283.23
30201 12470 SANTOS CAMACHO 09/12/2024 150.00
30202 10452 CITY OF FRESNO WMD 09/12/2024 185.00
30203 12006 CROMER INC 09/12/2024 1,947.53
30204 12557 DENCO WELDING 09/12/2024 1,819.36
30205 10129 DEPARTMENT OF PESTICIDE REG 09/12/2024 140.00 30206 BP-DHAL KANWALDEEP DHALIWAL 09/12/2024 1,483.29
30207 11999 DOG WASTE DEPOT 09/12/2024 904.46
30208 10144 ELBERT DISTRIBUTING INC 09/12/2024 555.47
30209 10157 FERGUSON ENTERPRISES INC 09/12/2024 983.43
30210 11550 FRESNO COUNTY SHERIFFS OFFICE - CIVIL UNIT 09/12/2024 274.00 30211 10162 FRESNO COUNTY TREASURER 09/12/2024 23,299.00 30212 10169 FRESNO PET CEMETERY 09/12/2024 295.20
30213 12379 GILL CHEVROLET 09/12/2024 344.49
30214 10185 GRAINGER 09/12/2024 463.09
30215 11358 GREAT AMERICA FINANCIAL SERVICES09/12/2024 199.21 30216 10201 HORIZON 09/12/2024 1,836.50
30217 10514 ICAD INC 09/12/2024 9,232.00
30218 12461 JFS ENTERPRISE INC 09/12/2024 2,250.00
30219 10226 JORGENSEN & CO 09/12/2024 1,930.08
30220 12522 HARMEEN KAUR 09/12/2024 114.00
30221 10250 LIEBERT CASSIDY WHITMORE 09/12/2024 2,829.00 30222 10251 LIGHTHOUSE ELECTRIC INC 09/12/2024 1,653.76 30223 12665 JARELY LUGO 09/12/2024 150.00
30224 12664 BIANCA MARTINEZ 09/12/2024 400.00
30225 10261 MID VALLEY DISPOSAL INC 09/12/2024 527.01
30226 11965 MISSION UNIFORM SERVICE 09/12/2024 2,283.49 30227 10265 MONTOY LAW CORPORATION 09/12/2024 18,233.00 30228 BP-NATT RAJIQBAL & GULSHANDEEP NATT 09/12/2024 1,483.29 30229 10282 OFFICE DEPOT 09/12/2024 425.84
30230 10286 O'REILLY AUTOMOTIVE INC 09/12/2024 5,414.34 30231 11833 ORKIN 09/12/2024 127.99
30232 10289 P.G.& E. 09/12/2024 6,629.61
AP Checks by Date - Summary by Check Date (9/13/2024 3:31 PM) Page 2 10 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
30233 12053 R & L MUSIC ENT 09/12/2024 225.00
30234 10596 RED WING BUSINESS ADVANTAGE ACCOUNT 09/12/2024 239.44 30235 11006 RIGHT NOW PHLEBOTOMY 09/12/2024 125.00
30236 12666 LEONARD RUIZ 09/12/2024 12.03
30237 11506 SCA OF CA LLC 09/12/2024 11,795.73
30238 10331 SEBASTIAN 09/12/2024 1,305.00
30239 10862 SIGNMAX 09/12/2024 712.82
30240 10337 SLUMBERGER LUMBER 09/12/2024 1,087.73
30241 11907 SPRINGBROOK HOLDING COMPANY LLC09/12/2024 1,664.00 30242 10754 THE HOME DEPOT PRO-SUPPLY WORKS09/12/2024 13.19 30243 11502 TIREHUB LLC 09/12/2024 2,309.26
30244 10168 UNITY IT 09/12/2024 5,018.77
30245 11827 VALLEY WROUGHT IRON 09/12/2024 2,465.00
30246 12290 VERIZON 09/12/2024 663.25
30247 12170 WEBSTER BANK 09/12/2024 209,755.80
30248 12267 IRENE ZAMORA 09/12/2024 150.00
Total for 9/12/2024: 343,082.50
Report Total (114 checks): 527,422.00
AP Checks by Date - Summary by Check Date (9/13/2024 3:31 PM) Page 3 11 Section 5, Item B.

American Express National Bank 615-030525-245 3.30% 6/29/22 7/1/24 245,000.00 (245,000.00) - - 4,097.88 Capital One National Mclean 615-030525-245 3.30% 6/29/22 7/1/24 245,000.00 (245,000.00) - - 4,097.88 Customers Bank Phoenixville PA 615-030525-245 4.70% 2/16/23 8/16/24 250,000.00 (250,000.00) - - 5,858.90 Charles Schwab Bank 615-030525-245 5.20% 3/7/23 9/16/24 250,000.00 250,000.00 250,025.00 - Wells Fargo Bank in Sioux Falls 615-030525-245 4.35% 10/14/22 10/15/24 249,000.00 249,000.00 248,788.35 1,810.20 Morgan Stanley Private National Bank 615-030525-245 4.80% 4/20/23 10/21/24 244,000.00 244,000.00 243,941.44 - Western Alliance Bank 615-030525-245 4.85% 4/13/23 10/21/24 244,000.00 244,000.00 243,860.92 - Brookline Bank Mass 615-030525-245 5.30% 8/30/23 10/30/24 248,000.00 248,000.00 248,151.28 3,313.01 Morgan Stanley Bank 615-030525-245 5.20% 8/30/23 3/3/25 243,000.00 243,000.00 243,668.25 6,335.31 Bank of Wisonsin 615-030525-245 5.40% 9/27/23 4/2/25 248,000.00 248,000.00 249,046.56 2,238.11 Merrick Bank 615-030525-245 5.40% 9/27/23 4/4/25 248,000.00 248,000.00 249,056.48 2,238.11 Synchrony Bank 615-030525-245 5.50% 11/3/23 5/5/25 243,000.00 243,000.00 244,249.02 - Bank of America 615-030525-245 5.50% 11/8/24 5/8/25 243,000.00 243,000.00 244,229.58 - State Bank of India 615-030525-245 1.10% 5/28/20 5/28/25 248,000.00 248,000.00 241,554.48 - Capital One National National 615-030525-245 3.35% 6/29/22 6/30/25 245,000.00 245,000.00 242,559.80 4,114.99 Pacific Member Bank Irvine 615-030525-245 5.00% 3/15/24 9/15/25 243,000.00 243,000.00 244,399.68 - Discover Bank Greenwood 615-030525-245 3.55% 9/20/22 9/22/25 245,000.00 245,000.00 242,934.65 - BMW Bank North Amer Salt Lake 615-030525-245 0.50% 9/25/20 9/25/25 249,000.00 249,000.00 239,017.59 - Bank of Hapoalim B M New York 615-030525-245 5.05% 4/24/24 10/29/25 200,000.00 200,000.00 201,532.00 - Flagstar Bank National Association 615-030525-245 5.20% 6/11/24 1/13/26 243,000.00 243,000.00 245,967.03 - US Government Bonds
Federal Home Loan Bank 615-030525-245 4.75% 8/21/24 8/13/27 250,000.00 250,000.00 249,822.50 - Federal Home Loan Bank 615-030525-245 4.00% 9/23/22 9/23/24 500,000.00 500,000.00 499,635.00 - Federal Home Loan Bank 615-030525-245 5.05% 1/30/23 1/28/25 500,000.00 500,000.00 499,255.00 12,625.00 Federal Home Loan Bank 615-030525-245 5.10% 1/30/23 1/28/26 500,000.00 500,000.00 499,520.00 12,750.00 Federal Home Loan Bank 615-030525-245 5.30% 7/15/24 7/15/27 500,000.00 500,000.00 499,890.00 - United Security Bank CD
United Security Bank 1317802 4.75% 2/2/24 2/2/26 250,000.00 250,000.00 250,000.00 - United Security Bank 1317802 4.75% 6/27/24 6/27/26 250,000.00 250,000.00 250,000.00 - Average Rate 4.54%
Total CD's 4,214,000.00 2,669,000.00 - 6,883,000.00 6,871,104.61 59,558.12 12 Section 5, Item C.

CITY OF KERMAN
CD/Securities Portfolio
As of August 31, 2024 6/30/2023 6/30/2024 FY to Date
Interest Rate/ Opening Maturity Book Additions/ Book Interest Institution Account Number Trans. Date Date Date Balance (Deletions) Cashed In Balance Fair Value Paid Securities America Sweep Program
Beginning Balance - -
Transfers In/(Out) 7/2-7/30/24 0.00 0.00
8/5-8/31/24 (0.00) (0.00)
- 0.00 - 0.00 0.00 -
Local Agency Investment Fund
Beginning Balance 98-10-400 17,636,545.69 17,636,545.69 - Interest 4.55% 7/15/24 199,072.39 199,072.39 199,072.39 - -
- -
- -
Transfers In/(Out) -
-
-
Total - LAIF 4.55% 17,636,545.69 199,072.39 - 17,835,618.08 17,835,618.08 199,072.39 Central Valley Money Market Acct 015030960
Beginning Balance 3,646,347.63 3,646,347.63
Interest 7/31/23 263.74 263.74 263.74
8/30/24 239.78 239.78 239.78
- -
- -
Transfers In/(Out) -
-
-

0.08% -
3,646,347.63 503.52 - 3,646,851.15 3,646,851.15 503.52
Subtotal All City Investments 3.06% 25,496,893.32 2,868,575.91 - 28,365,469.23 28,353,573.84 259,134.03 25,496,893.32 2,868,575.91 - 28,365,469.23 28,353,573.84 259,134.03 Market Value Adjustment (11,895.39)
2,868,575.91
2,868,575.91
(0.00)
Total Investments
13 Section 5, Item C.

STAFF REPORT
MEETING DATE: September 25, 2024
PRESENTER: Josefina Alvarez, Finance Director
SUBJECT: Proposal and Selection of New Phone System (JA) RECOMMENDATION: Staff recommends that the Council adopt resolution approving acceptance of proposal from Unity IT in the amount of $1,408.04 per month for telephone services and approximately $3,654.25 for equipment and authorize the City Manager to sign the proposal.

EXECUTIVE SUMMARY: The City of Kerman experienced a power outage on August 28, 2024 which caused our current phone system to crash. In order to repair the phone system, Sebastian (our current phone provider) would need to reprogram the entire phone system or we would need to purchase/upgrade to a new phone system.

Staff had added $50,000 for a new phone system in this current Fiscal Year 2024/2025 budget.

Staff did obtain three quotes and is recommending to accept the proposal from Unity IT.

It is noted that this vendor currenlty provides technology services and the City is satisfied with their work.

Vendor Proposal per Month One-Time Cost
Unity IT $1,408.04 $3,654.25
CA Reding $2,539.44 $2,694.33
Sebastian $2,150.00 $38,000.00
FISCAL IMPACT: The project is included in the 2024/2025 budget. There will be savings on both the one-time cost and the monthly telephone cost.

ATTACHMENTS:

A. Resolution
14 Section 5, Item D.

Attachment ‘A’
RESOLUTION NO. 24-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING PROPOSAL FROM UNITY IT FOR A NEW PHONE SYSTEM IN THE AMOUNT OF $1,408.04 PER MONTH AND APPROXIMATELY $3,654.25 IN EQUIPMENT AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE PROPOSAL
WHEREAS, the City of Kerman experienced a power outage which caused the current phone system to crash; and
WHEREAS, the current provider would need to reprogram the entire system or a new system would need to be purchased; and
WHEREAS, staff has obtained three proposals and they are as follows; and WHEREAS, the City desires to accept the proposal from Unity IT.

NOW, THEREFORE, the City Council of the City of Kerman does resolve as follows:

1. The foregoing recitals are true and correct.

2. The City Council hereby approves the proposal from Unity IT and authorizes the City Manager to execute same.

3. This resolution shall be effective immediately upon adoption.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regular meeting held on the 25th day of September 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Vendor Proposal per Month One-Time Cost
Unity IT $1,408.04 $3,654.25
CA Reding $2,539.44 $2,694.33
Sebastian $2,150.00 $38,000.00
15 Section 5, Item D.

The foregoing resolution is hereby approved.
______________________
Maria Pacheco
Mayor
ATTEST:
_________________
Josie Camacho
City Clerk
16 Section 5, Item D.

STAFF REPORT
MEETING DATE: September 25, 2024
PRESENTER: Steve Wilkins, Chief of Police
SUBJECT: Approving 2024-2027 Adult Compliance Team Agreement to Participate with Fresno County (SW)
RECOMMENDATION: Council by motion adopt resolution approving 2024-2027 Adult Compliance Team Agreement with County of Fresno.

EXECUTIVE SUMMARY:

The Kerman Police Department applied for and was selected to participate in the countywide Adult Compliance Team (ACT) in 2016.

The ACT team is funded from the State of California to create a cooperative unit of law enforcement officers capable of addressing public safety concerns and issues facing Fresno County related to the early release of felons under the Public Safety Realignment Act (AB 109) Implementation Plan of 2011.

The Fresno ACT team has been in existence since 2011 and is currently staffed with peace officers from the Fresno County Sheriff’s Department, the Fresno County District Attorney’s Office, the Fresno County Probation Department, and officers of the Clovis, Fresno, Kerman, Kingsburg, Reedley, and Selma Police Departments.

The ACT team expanded in 2016 and the Kerman Police Department was selected to participate in this joint agency task force by dedicating one full-time police officer to the ACT team. This agreement has been extended again to this current year.

FISCAL IMPACT:

There is no fiscal impact to the city of Kerman as the contract agreement fully funds one fulltime officer, including overtime, court time, vehicle, and all necessary equipment including safety equipment, computer, firearms, cell phone, and vehicle operating expenses for that officer.

ATTACHMENTS:

A. Resolution w/Exhibit
17 Section 5, Item E.

Attachment ‘A’
RESOLUTION NO. 24-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING 2024-2027 ADULT COMPLIANCE TEAM AGREEMENT WITH COUNTY OF FRESNO WHEREAS, the State of California, under Assembly Bill 109, the Public Safety Realignment Act (AB 109), has realigned responsibilities for probation, post release community supervision (PRCS) and mandatory supervised release of offenders; and WHEREAS, the Public Safety Realignment Act (AB 109) Implementation Plan of 2011, including its updates, hereinafter collectively referred to as “AB 109 PLAN,” was developed by the Fresno County Community Corrections Partnership (CCP) and approved by the Fresno County Board of Supervisors; and
WHEREAS, the ACT is comprised of representatives of the Fresno County Sheriff’s Department, the Fresno County District Attorney’s Office, the Fresno County Probation Department, and officers of the Fresno, Clovis, Selma, Kingsburg and Reedley Police Departments; and
WHEREAS, the State of California has provided funding to COUNTY for the purpose of implementing AB109 services and will fully fund the yearly contract agreement with Kerman PD for one (1) full time officer, including all equipment and operational costs, for the period of July 1, 2024 through June 30, 2027.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Kerman as follows:

Section 1. The foregoing recitals are true and correct and are incorporated by reference.

Section 2. The City Council approves the Adult Compliance Team Agreement with County of Fresno (ACT Agreement) attached as Exhibit ‘A’.

Section 3. The City Manager is authorized to sign the ACT Agreement on behalf of the City.

Section 4. This resolution is effective upon adoption.

The forgoing resolution was adopted by the City Council of the City of Kerman at a regular meeting held on the 25th day of September 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
18 Section 5, Item E.

The foregoing resolution is hereby approved.
_________________________
Maria Pacheco
Mayor
ATTEST:
____________________________
Josie Camacho
City Clerk
19 Section 5, Item E.
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1 SERVICE AGREEMENT
This Service Agreement (“Agreement”) is dated ___________________ and is between City of Kerman, a municipal corporation, whose address is 850 S. Madera Ave., Kerman, CA 93630 (“Contractor”), and the County of Fresno, a political subdivision of the State of California (“County”).

Recitals
A. Under Assembly Bill 109, the Public Safety Realignment Act (AB 109), signed into law on April 5, 2011, the State of California has realigned responsibilities for probation, post release community supervision (PRCS), and mandatory supervised release of offenders. The State of California has provided funding to County for the purpose of implementing AB 109 services.

B. The County requires an additional layer of offender supervision to ensure offender accountability, surveillance, and supervision through mobile, intensive, and evidence-based practices leading to enhanced public safety and offender compliance. Subsequently, the AB 109 Implementation Plan of 2011, collectively referred to as the “AB 109 Plan,” includes formation of the Adult Compliance Team (ACT), to create a cooperative unit capable of addressing public safety concerns and issues facing local law enforcement in Fresno County. The ACT is comprised of representatives of the Fresno County Sheriff’s Department, the Fresno County District Attorney’s Office, the Fresno County Probation Department, and officers of the Clovis, Fresno, Kerman, Kingsburg, Reedley, Sanger, and Selma Police Departments.

C. The AB 109 Plan, including its updates, was developed by the Fresno County Community Corrections Partnership (CCP), and approved by the Fresno County Board of Supervisors. The AB 109 Plan was approved by the CCP on August 19, 2011 and approved by the Board on September 13, 2011.

D. The Contractor desires to continue to be a member of the ACT, and the County desires to maintain the Contractor as an ACT member, and to continue to implement AB 109 services.

The parties therefore agree as follows:
//
//
Exhibit 'A'
20 Section 5, Item E.
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2 Article 1
Contractor’s Services

1.1 Scope of Services. The Contractor shall perform all of the services provided in Exhibit A to this Agreement, titled “Scope of Services.”

1.2 Representation. The Contractor represents that it is qualified, ready, willing, and able to perform all of the services provided in this Agreement.

1.3 Compliance with Laws. The Contractor shall, at its own cost, comply with all applicable federal, state, and local laws and regulations in the performance of its obligations under this Agreement, including but not limited to workers compensation, labor, and confidentiality laws and regulations.

Article 2
County’s Responsibilities

2.1 The County shall compensate the Contractor for an amount equal to the cost of one (1) City of Kerman Police Officer for assignment to the ACT, not to exceed the maximum amount payable under this Agreement of $177,380. This Agreement will be amended each subsequent year to reflect the maximum amount payable.

Article 3
Compensation, Invoices, and Payments

3.1 The County agrees to pay, and the Contractor agrees to receive, compensation for the performance of its services under this Agreement as described in this section.

3.2 Maximum Compensation. The maximum compensation payable to the Contractor for the first year of the term of this Agreement is One Hundred Seventy-Seven Thousand, Three Hundred Eighty Dollars ($177,380) to participate as an ACT member and implement AB 109 services. In no event shall compensation paid for all services performed for the first year of the term of this Agreement exceed One Hundred Seventy-Seven Thousand, Three Hundred Eighty Dollars ($177,380). This Agreement shall be amended each subsequent year of the term to reflect the maximum amount payable. The Contractor acknowledges that the County is a local government entity, and does so with notice that the County’s powers are limited by the 21 Section 5, Item E.
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3 California Constitution and by State law, and with notice that the Contractor may receive compensation under this Agreement only for services performed according to the terms of this Agreement and while this Agreement is in effect, and subject to the maximum amount payable under this section. The Contractor further acknowledges that County employees have no authority to pay the Contractor except as expressly provided in this Agreement.

3.3 Invoices. The Contractor shall electronically submit quarterly invoices through the County of Fresno Probation Department’s CCP SharePoint folder using the AB 109 invoice template provided by the Probation Department. A vacancy report showing the budgeted staff positions and vacancies must be submitted with each invoice. Invoices must be submitted on or after the following dates: October 1 and January 1, April 1, and July 1. Each invoice shall include a breakdown of expenses identified in the final approved budget of the CCP for use in executing the mission of ACT. The Contractor shall upload and provide supporting documentation in detail to permit tracing transactions from the invoices to the accounting records. Supporting documentation includes but is not limited to list of positions funded; documentation of staff hours (e.g. timesheets, time tracking reports, etc.) and receipt for purchases (e.g. supplies, equipment, travel, etc.). The Contractor shall submit each invoice within 30 days after the quarter in which the Contractor performs services and in any case within 60 days after the end of the term or termination of this Agreement.

3.4 Payment. The County shall pay each correctly completed and timely submitted invoice within 45 days after receipt. The County shall remit any payment to the Contractor’s address specified in the invoice.

3.5 Incidental Expenses. The Contractor is solely responsible for all of its costs and expenses that are not specified as payable by the County under this Agreement.

Article 4
Term of Agreement

4.1 Term. This Agreement is effective retroactive to July 1, 2024 and terminates on June 30, 2027, except as provided in section 4.2, “Extension,” or Article 6, “Termination and Suspension,” below.
22 Section 5, Item E.
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4 4.2 Extension. The term of this Agreement may be extended for two (2) consecutive one-year terms. Each extension will take place automatically unless the Contractor provides written notice of non-renewal or termination from the ACT according to the ACT Operating Agreement (Exhibit A). As outlined in Exhibit A, the Contractor’s written notice of non-renewal or termination from the ACT must be delivered to the Chairperson of the CCP Executive Committee and to all participating agencies. The termination will be effective 60 days after the date of delivery. The extension of this Agreement by the County is not a waiver or compromise of any default or breach of this Agreement by the Contractor existing at the time of the extension whether or not known to the County.

Article 5
Notices

5.1 Contact Information. The persons and their addresses having authority to give and receive notices provided for or permitted under this Agreement include the following:

For the County:

Chief Probation Officer
County of Fresno
3333 E. American Avenue, Building 701, Suite B
Fresno, CA 93725
For the Contractor:

Chief of Police
City of Kerman
850 S. Madera Ave.

Kerman, CA 93630

5.2 Change of Contact Information. Either party may change the information in section

5.1 by giving notice as provided in section 5.3.

5.3 Method of Delivery. Each notice between the County and the Contractor provided for or permitted under this Agreement must be in writing, state that it is a notice provided under this Agreement, and be delivered either by personal service, by first-class United States mail, by an overnight commercial courier service, by telephonic facsimile transmission, or by Portable Document Format (PDF) document attached to an email.
23 Section 5, Item E.
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5 (A) A notice delivered by personal service is effective upon service to the recipient. (B) A notice delivered by first-class United States mail is effective three County business days after deposit in the United States mail, postage prepaid, addressed to the recipient.
(C) A notice delivered by an overnight commercial courier service is effective one County business day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the recipient.

5.4 Claims Presentation. For all claims arising from or related to this Agreement, nothing in this Agreement establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810).

Article 6
Termination and Suspension

6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are contingent on the approval of funds by the appropriating government agency. If sufficient funds are not allocated, then the County, upon at least 30 days’ advance written notice to the Contractor, may:
(A) Modify the services provided by the Contractor under this Agreement; or (B) Terminate this Agreement.

6.2 Termination for Breach.
(A) Upon determining that a breach (as defined in paragraph (C) below) has occurred, the County may give written notice of the breach to the Contractor. The written notice may suspend performance under this Agreement, and must provide at least 30 days for the Contractor to cure the breach.
(B) If the Contractor fails to cure the breach to the County’s satisfaction within the time stated in the written notice, the County may terminate this Agreement immediately. 24 Section 5, Item E.
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6 (C) For purposes of this section, a breach occurs when, in the determination of the County, the Contractor has:
(1) Obtained or used funds illegally or improperly;
(2) Failed to comply with any part of this Agreement;
(3) Submitted a substantially incorrect or incomplete report to the County; or (4) Improperly performed any of its obligations under this Agreement.

6.3 Termination without Cause. In circumstances other than those set forth above, the County may terminate this Agreement by giving at least 30 days advance written notice to the Contractor.

6.4 No Penalty or Further Obligation. Any termination of this Agreement by the County under this Article 6 is without penalty to or further obligation of the County.

6.5 County’s Rights upon Termination. Upon termination for breach under this Article 6, the County may demand repayment by the Contractor of any monies disbursed to the Contractor under this Agreement that, in the County’s sole judgment, were not expended in compliance with this Agreement. The Contractor shall promptly refund all such monies upon demand. This section survives the termination of this Agreement.

Article 7
Independent Contractor

7.1 Status. In performing under this Agreement, the Contractor, including its officers, agents, employees, and volunteers, is at all times acting and performing as an independent contractor, in an independent capacity, and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the County.

7.2 Verifying Performance. The County has no right to control, supervise, or direct the manner or method of the Contractor’s performance under this Agreement, but the County may verify that the Contractor is performing according to the terms of this Agreement.

7.3 Benefits. Because of its status as an independent contractor, the Contractor has no right to employment rights or benefits available to County employees. The Contractor is solely responsible for providing to its own employees all employee benefits required by law. The 25 Section 5, Item E.
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7 Contractor shall save the County harmless from all matters relating to the payment of Contractor’s employees, including compliance with Social Security withholding and all related regulations.

7.4 Services to Others. The parties acknowledge that, during the term of this Agreement, the Contractor may provide services to others unrelated to the County.

Article 8
Indemnity and Defense

8.1 Indemnity. The Contractor shall indemnify and hold harmless and defend the County (including its officers, agents, employees, and volunteers) against all claims, demands, injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and liabilities of any kind to the County, the Contractor, or any third party that arise from or relate to the performance or failure to perform by the Contractor (or any of its officers, agents, subcontractors, or employees) under this Agreement. The County may conduct or participate in its own defense without affecting the Contractor’s obligation to indemnify and hold harmless or defend the County.

The County shall indemnify and hold harmless and defend the Contractor (including its officers, agents, employees, and volunteers) against all claims, demands, injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and liabilities of any kind to the County, the Contractor, or any third party that arise from or relate to the performance or failure to perform by the County (or any of its officers, agents, subcontractors, or employees) under this Agreement. The Contractor may conduct or participate in its own defense without affecting the County’s obligation to indemnify and hold harmless or defend the Contractor.

In the event of concurrent negligence on the part of County or any of its officers, agents, or employees, and Contractor or any of its officers, agents, or employees, the liability for any and all such claims, demands, and actions in law or equity for such losses, costs, expenses, and damages shall be apportioned under the State of California’s theory of comparative negligence, as presently established, or as may be modified hereafter.

8.2 Survival. This Article 8 survives the termination or expiration of this Agreement. 26 Section 5, Item E.
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8 Article 9
Insurance

9.1 The Contractor shall comply with all the insurance requirements in Exhibit C to this Agreement.

Article 10
Inspections, Audits, and Public Records

10.1 Inspection of Documents. The Contractor shall make available to the County, and the County may examine at any time during business hours and as often as the County deems necessary, all of the Contractor’s records and data with respect to the matters covered by this Agreement, excluding attorney-client privileged communications. The Contractor shall, upon request by the County, permit the County to audit and inspect all of such records and data to ensure the Contractor’s compliance with the terms of this Agreement.

10.2 State Audit Requirements. If the compensation to be paid by the County under this Agreement exceeds $10,000, the Contractor is subject to the examination and audit of the California State Auditor, as provided in Government Code section 8546.7, for a period of three years after final payment under this Agreement. This section survives the termination of this Agreement.

10.3 Public Records. The County is not limited in any manner with respect to its public disclosure of this Agreement or any record or data that the Contractor may provide to the County. The County’s public disclosure of this Agreement or any record or data that the Contractor may provide to the County may include but is not limited to the following:
(A) The County may voluntarily, or upon request by any member of the public or governmental agency, disclose this Agreement to the public or such governmental agency.
(B) The County may voluntarily, or upon request by any member of the public or governmental agency, disclose to the public or such governmental agency any record or data that the Contractor may provide to the County, unless such disclosure is prohibited by court order.
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9 (C) This Agreement, and any record or data that the Contractor may provide to the County, is subject to public disclosure under the Ralph M. Brown Act (California Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950). (D) This Agreement, and any record or data that the Contractor may provide to the County, is subject to public disclosure as a public record under the California Public Records Act (California Government Code, Title 1, Division 10, beginning with section 7920.000) (“CPRA”).
(E) This Agreement, and any record or data that the Contractor may provide to the County, is subject to public disclosure as information concerning the conduct of the people’s business of the State of California under California Constitution, Article 1, section 3, subdivision (b).
(F) Any marking of confidentiality or restricted access upon or otherwise made with respect to any record or data that the Contractor may provide to the County shall be disregarded and have no effect on the County’s right or duty to disclose to the public or governmental agency any such record or data.

10.4 Public Records Act Requests. If the County receives a written or oral request under the CPRA to publicly disclose any record that is in the Contractor’s possession or control, and which the County has a right, under any provision of this Agreement or applicable law, to possess or control, then the County may demand, in writing, that the Contractor deliver to the County, for purposes of public disclosure, the requested records that may be in the possession or control of the Contractor. Within five business days after the County’s demand, the Contractor shall (a) deliver to the County all of the requested records that are in the Contractor’s possession or control, together with a written statement that the Contractor, after conducting a diligent search, has produced all requested records that are in the Contractor’s possession or control, or (b) provide to the County a written statement that the Contractor, after conducting a diligent search, does not possess or control any of the requested records. The Contractor shall cooperate with the County with respect to any County demand for such records. If the Contractor wishes to assert that any specific record or data is exempt from disclosure under the 28 Section 5, Item E.
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10 CPRA or other applicable law, it must deliver the record or data to the County and assert the exemption by citation to specific legal authority within the written statement that it provides to the County under this section. The Contractor’s assertion of any exemption from disclosure is not binding on the County, but the County will give at least 10 days’ advance written notice to the Contractor before disclosing any record subject to the Contractor’s assertion of exemption from disclosure. The Contractor shall indemnify the County for any court-ordered award of costs or attorney’s fees under the CPRA that results from the Contractor’s delay, claim of exemption, failure to produce any such records, or failure to cooperate with the County with respect to any County demand for any such records.

Article 11
Disclosure of Self-Dealing Transactions

11.1 Applicability. This Article 11 applies if the Contractor is operating as a corporation, or changes its status to operate as a corporation.

11.2 Duty to Disclose. If any member of the Contractor’s board of directors is party to a self-dealing transaction, he or she shall disclose the transaction by completing and signing a “Self-Dealing Transaction Disclosure Form” (Exhibit B to this Agreement) and submitting it to the County before commencing the transaction or immediately after.

11.3 Definition. “Self-dealing transaction” means a transaction to which the Contractor is a party and in which one or more of its directors, as an individual, has a material financial interest.

Article 12
General Terms

12.1 Modification. Except as provided in Article 6, “Termination and Suspension,” this Agreement may not be modified, and no waiver is effective, except by written agreement signed by both parties. The Contractor acknowledges that County employees have no authority to modify this Agreement except as expressly provided in this Agreement.

12.2 Non-Assignment. Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other party. 29 Section 5, Item E.
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11 12.3 Governing Law. The laws of the State of California govern all matters arising from or related to this Agreement.

12.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno County, California. Contractor consents to California jurisdiction for actions arising from or related to this Agreement, and, subject to the Government Claims Act, all such actions must be brought and maintained in Fresno County.

12.5 Construction. The final form of this Agreement is the result of the parties’ combined efforts. If anything in this Agreement is found by a court of competent jurisdiction to be ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement against either party.

12.6 Days. Unless otherwise specified, “days” means calendar days.

12.7 Headings. The headings and section titles in this Agreement are for convenience only and are not part of this Agreement.

12.8 Severability. If anything in this Agreement is found by a court of competent jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of this Agreement with lawful and enforceable terms intended to accomplish the parties’ original intent.

12.9 Nondiscrimination. During the performance of this Agreement, the Contractor shall not unlawfully discriminate against any employee or applicant for employment, or recipient of services, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military status or veteran status pursuant to all applicable State of California and federal statutes and regulation.

12.10 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation of the Contractor under this Agreement on any one or more occasions is not a waiver of performance of any continuing or other obligation of the Contractor and does not prohibit enforcement by the County of any obligation on any other occasion. 30 Section 5, Item E.
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12 12.11 Entire Agreement. This Agreement, including its exhibits, is the entire agreement between the Contractor and the County with respect to the subject matter of this Agreement, and it supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, and understandings of any nature unless those things are expressly included in this Agreement. If there is any inconsistency between the terms of this Agreement without its exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving precedence first to the terms of this Agreement without its exhibits, and then to the terms of the exhibits.

12.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to create any rights or obligations for any person or entity except for the parties.

12.13 Authorized Signature. The Contractor represents and warrants to the County that:
(A) The Contractor is duly authorized and empowered to sign and perform its obligations under this Agreement.
(B) The individual signing this Agreement on behalf of the Contractor is duly authorized to do so and his or her signature on this Agreement legally binds the Contractor to the terms of this Agreement.

12.14 Electronic Signatures. The parties agree that this Agreement may be executed by electronic signature as provided in this section.
(A) An “electronic signature” means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF document) version of an original handwritten signature.
(B) Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person.
31 Section 5, Item E.
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13 (C) The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1).
(D) Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely upon that representation.
(E) This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature.

12.15 Counterparts. This Agreement may be signed in counterparts, each of which is an original, and all of which together constitute this Agreement. [SIGNATURE PAGE FOLLOWS]
32 Section 5, Item E.
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14 The parties are signing this Agreement on the date stated in the introductory clause.

CITY OF KERMAN
_________________________________
John Jansons, City Manager
850 S Madera Ave.

Kerman, CA 93630

COUNTY OF FRESNO
_________________________________
Nathan Magsig, Chairman of the Board of
Supervisors of the County of Fresno
Attest:

Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By: _______________________
Deputy
For accounting use only:

Org No.: 34300390
Account No.: 7295
Fund No.: 0001
Subclass No.: 10000
33 Section 5, Item E.

AB 109
The Criminal Justice Realignment Act
Adult Compliance Team
(ACT)
August 2024

OPERATING AGREEMENT
Fresno County Probation Department
Fresno County Sheriff’s Department
Fresno County District Attorney's Office
Fresno Police Department
Clovis Police Department
Selma Police Department
Reedley Police Department
Kerman Police Department
Kingsburg Police Department
Sanger Police Department
Exhibit A - Scope of Work
34 Section 5, Item E.

I. PURPOSE
This Operating Agreement (OA) replaces and supersedes the prior operating agreement, dated November 2022. After the date this OA is executed by all parties, the prior operating agreement shall be of no further force and effect. This document establishes the purpose of the Adult Compliance Team (ACT) as a joint and cooperative effort. Additionally, it formalizes relationships between participating agencies for policy and planning in order to create a cooperative unit capable of addressing the public safety concerns and issues facing local law enforcement in Fresno County regarding probation supervision, Post Release Community Supervision (PRCS), and Mandatory Supervision (MS) that may occur dueto the passage of the Criminal Justice Realignment Act (AB 109) effective October 1, 2011.

II. MISSION
The mission of ACT is to provide an additional layer of offender supervision to ensure offender accountability, surveillance, and supervision through mobile, intensive and evidencebased practices leading to enhanced public safety and offender compliance.

Ill. GOALS
A. To reduce the occurrence of new criminal acts by targeting offenders on probation, PRCS, and MS, with intensive surveillance by peace officers dedicated to enforcement of conditions ofrelease.

B. To identify supervised offenders who are not meeting their conditions of release in order to ensure compliance.

C. To mitigate the need for custodial sanctions through appropriate early interventions.

D. To document trends in the realignment population and respond efficiently to emerging trends that adversely affect public safety.

E. To gather, collect, and provide information and direction regarding the probation supervision, PRCS, MS and realignment populations for all law enforcement agencies in the County of Fresno and act as the point of contact for dissemination of offender information to law enforcement.

F. To respond rapidly to emergency situations with knowledge and information about the offenders.

G. To provide other public safety responses including searches as authorized by the terms of release and warrant services, as needed.
35 Section 5, Item E.

IV.GENERAL OPERATIONAL STRATEGIES
Intensive supervision based on offender assessment, combined with evidence-based practices, forms the cornerstone of the County of Fresno AB 109 supervision model. This intensive approach is seen in the formation of ACT; an interagency public safety alliance with local law enforcement agencies and county justice partners that provides an additional level of offender accountability and public safety. The "strike team" concept is used to describe peace officers under ACT, dedicated to particular enforcement and public safety purposes, with an immediate capacity to take action in regard to offenders under probation supervision, PRCS, and MS by the Fresno County Probation Department.

To this end, the participating agencies developed these operational guidelines and procedures concerning the formation of the ACT. The participating agencies agree jointly and separately to abide by these terms and provisions set forth throughout the formation of the joint operation.

V. ORGANIZATIONAL STRUCTURE
The ACT will be co-located at theFresno County Probation Department. The Probation Department is the commanding agency of ACT and will maintain responsibility for the administrative direction, objective, and mission of the ACT.

The ACT will consist of sworn officers from the following agencies: two (2) deputy probation officers from the Fresno County Probation Department; one (1) sergeant and two (2) deputies from the Fresno County Sheriff’s Office; two (2) senior district attorney investigators from the Fresno County District Attorney’s Office; one (1) sergeant and two(2) police officers from the Fresno Police Department; one (1) police officer and one (1) crime specialist from the Clovis Police Department; one (1) police officer from the Selma Police Department; one (1) police officer from the Reedley Police Department; one (1) police officer from the Kerman Police Department; one (1) police officer from the Kingsburg Police Department; and one (1) police officer from the Sanger Police Department. Dependent upon future funding, the size of ACT may fluctuate according to the number of officers and agencies.

A. Policy and Direction
Under the policy and planning direction of the Community Corrections Partnership (CCP), ACT will utilize an Advisory Sub-Committee of CCP.

B. ACT Advisory Sub-Committee of the CCP
Eachlaw enforcement agency that assigns personnel to ACT may designate amember to the ACT Advisory Sub-Committee of the CCP. All law enforcement agencies operating within Fresno County with an interest in ACT are welcome to attend the meetings of the ACT Advisory Sub-Committee.

Appointments to andremoval fromtheACTAdvisory Sub-Committee and appointment of a Sub-Committee Chairperson will be made by the CCP Executive Committee. 36 Section 5, Item E.

C. Operations Commander
The Probation Assistant Deputy Chief is the Operations Commander and has overall responsibility for the operation of ACT. The Operations Commander implements direction to the team under the administrative direction of the Fresno County Probation Department's Realignment Division Deputy Chief. The Operations Commander will liaison with individual members of the ACT Advisory Sub-Committee and will attend meetings of the CCP as required.

D. Field Supervisor
The assigned Field Supervisor(s) will be the day-to-day operations supervisor(s) and responsible for overall coordination of tactical field operations. When ACT works as separate elements and both supervisors are working, each supervisor will be responsible for their assigned element. When only one supervisor is on duty, that supervisor will be responsible for the supervision of both elements.

E. Probation Department
All probation conditions and release compliance remain the responsibility of the AB 109 probation officer assigned to a specific offender. These conditions are predetermined before release from custody to probation, post release community supervision, or mandatory supervised release. The offenders will be under the supervision of their assigned probation officer or ACT probation officer.

VI. OPERATIONS
A. Supervision and Field Responsibility
The use of surveillance, supervision, and field contacts will be established in conjunction with Fresno County Probation Department policies and as established by the CCP Executive Committee, ACT Advisory Sub-Committee, and policies and procedures of general law enforcement accepted practices as established by statute and case law.

All ACT personnel will conform to their own agency’s policies and procedures as well as policies and procedures that may be required by participation in ACT.

B. Records and Reports
All reports created by ACT related to contacts with those offenders under probation supervision, PRCS, and MS will be entered into the Probation Records Information Management System (PRIMS).

All agencies participating on the ACT will have full access to Sharenet and the information in PRIMS. Information sharing with other law enforcement agencies regarding offenders under probation supervision, PRCS, and MS, allowing for appropriate law enforcement 37 Section 5, Item E.
response is a priority for ACT.

Any additional crime, arrest, or incident report will be documented by the primary investigative officer through the use of their own departmental report writing system.

VII. ADMINISTRATION
A. Financial Administration
Financial administration of ACT funds allocated by the CCP Executive Committee will be the responsibility of the Fresno County Probation Department Business Office through the duration of the program. In addition, the allocation and management of funds are guidedbyCounty ofFresno FiscalPolicy andunderthe review quarterly of theCCPFinance and Audit Sub-Committee for presentation to the CCP.

B. Vehicles
As provided for in the approved CCP budget, vehicles will be provided for probation staff and for participating law enforcement officers for use in executingthe mission of ACT, as specified in the final approved budget of the CCP and the County of Fresno. Each agency shall provide vehicles, as well as insurance and maintenance costs for those vehicles, for their respective employees.

C. Communications
Each participating law enforcement agency will provide communications equipment for its own personnel through the duration of this OA. Each agency is responsible for its interagency communication operability. The policies and procedures of each agency will govern communication by its own personnel. The Fresno County Sheriff's Dispatch will be the primary contact for operations of ACT.

D. Firearms
Each participating agency will provide all necessary firearms for its own personnel through the duration of the OA. The policies and procedures of each agency will govern the use of firearms by its own personnel.

E. Equipment and Property
Any property, equipment or other items acquired with funds allocated by the CCP Executive Committee shall be the property of ACT through the duration of the OA. Upon termination of this OA or any revision, the property of ACT shall be distributed as determined by the CCP Executive Committee.
38 Section 5, Item E.

F. Training
ACT Officers will complete training as assigned and approved by the ACT Advisory SubCommittee chairperson or their designee. Training for the team will be outlined during the fiscal year to reflect the needs of the team. The Probation Department’s Realignment Division Deputy Chief may also assign training to the ACT members as it pertains to the Evidence-Based Practices outlined by the AB109program.

G. Personnel Management
The selection of ACT members will be made by each participating agency. If any of the ACT policies and procedures conflict with any of the participating agencies' policies and procedures, notice of the conflict shall be immediately given to a supervisor. The supervisor will take whatever action necessary to reconcile the conflict.

Each participating agency retains full responsibility for the professional and personal conduct of its own personnel assigned to ACT. Each participating agency will follow its agency directives/MOU for working modified schedules.

H. Technology and Software Use
All ACT members must adhere to the Fresno County Probation Department’s established protocols for using Probation computers, software, and other electronic devices or any other electronic device that accesses Probation data. This may involve adhering to data security measures, password requirements, and guidelines for installing or updating software.

VIII. MULTI-AGENCY ADMINISTRATIVE CONCERNS
All ACT personnel will conform to their own agencies' policies and procedures as well as policies and procedures that may be required by participation in ACT.

There are a number of categories of administrativeissues or situations pertaining to individual team members which will or may arise. Those include but are not limited to:

A. Citizen Complaints
B. Employee Evaluations
C. On-Duty Motor Vehicle Accidents
D. Injuries Sustained on Duty
E. Officer-InvolvedShooting
F. Discharge of Firearm
G. Vehicle Pursuits
H. Use of Force
Each participating team member's agency has in place an administrative process for addressing the situations listed above. If these situations occur, ACT will immediately notify the involved officer's agency. It will remain the responsibility of the involved 39 Section 5, Item E.
officer's agency to address those situations pursuant to their ownadministrative process.

All agencies involved in a critical incident will have the opportunity to observe other agency interviews with their own employees.

IX. DURATION
This OA shall become effective upon execution and shall continue without change until amended in accordance with Section X, replaced and superseded by another operating agreement or terminated as discussed below.

Participation in ACT by any participating agency may continue as funding provides or until said agency terminates participation in ACT. An agency shall terminate participation in the following manner: delivery of written notice to the Chairperson of the CCP Executive Committee and to all other participation agencies, with termination to be effective 60 days after delivery.

As to each participating agency, this OA will be in force from the date that agency signs the agreement. Termination of the OA has been provided for above.

X. AMENDMENT
Any member of the ACT Advisory Sub-Committee may propose an amendment to this OA by submitting it at any regular meeting of the ACT Advisory Sub-Committee. The proposed amendment would be submitted to the Executive Committee of the Community Corrections Partnership for their consideration and approval.

XI. LIABILITY
Each participating agency will be solely responsible for any and all damages, including attorney’s fees, results from acts or omissions of its own employees or agents, including each ACT assigned employee. Each participating agency shall indemnify and hold harmless all other participating agencies for these acts or omissions. The provisions contained herein include any violation of applicable law, ordinance, regulation or rule, including where the claim, loss, damage, charge or expense was caused by deliberate, willful or criminal acts of any agency, or any of its agents, officers or employees in its or their performance thereunder.

It is the intent of the parties hereto that, where negligence is determined to have been contributory, principles of comparative negligence will be followed, and each party shall bear the proportionate cost of any loss, damage, expense, and liability attributable to that party’s negligence.

The participating agencies will establish procedures to notify the other agencies, where appropriate, of any claims, administrative actions or legal actions with respect to any of the matter described in this indemnification provision. The agencies shall cooperate in the 40 Section 5, Item E.
defense of such actions brought by others with respect to the matters covered in this agreement. Nothing set forth in this OA shall establish a standard of care for, or create any legal rights in, any person not a party to this OA.

XII.NON-WAIVER
Waiver of any breach or default hereunder will not constitute a continuing waiver or a waiver of any subsequent breach, of either the same or another provision of this OA.

XIII.SEVERABILITY
If any term, covenant, or condition of this OA is held by a court of competent jurisdiction to be invalid, the remainder of this OA will remain in full force and effect.

XIV. AMBIGUITY
Theparticipating agencies have eachcarefully reviewed thisOA andhave agreed to each term of this OA. No ambiguity shall be presumed to be construed against any otherparty.

XV. GOVERNING LAW
The interpretation and enforcement of this OA will be governed by the laws of the State of California, and where applicable, by federal law. The participating agencies agree to submit any disputes arising under this OA to a court of competent jurisdiction located in Fresno, California.

XVI. INTEGRATION
The OA embodies the entire agreement of the participating agencies in relation to the formation and operation of ACT, except for "Program Costs." Except for that, there is no other agreement or understanding, verbal or otherwise, existing among the participating agencies.

This OA expressly replaces and supersedes the prior OA, dated November 2022, and that OA shall have no further force and effect.
41 Section 5, Item E.
9 42
Section 5, Item E.

GregGaer, Chief of Police
City of Sanger
Dated
10 43
Section 5, Item E.

Exhibit B
B-1
Self-Dealing Transaction Disclosure Form
In order to conduct business with the County of Fresno (“County”), members of a contractor’s board of directors (“County Contractor”), must disclose any self-dealing transactions that they are a party to while providing goods, performing services, or both for the County. A self-dealing transaction is defined below:
“A self-dealing transaction means a transaction to which the corporation is a party and in which one or more of its directors has a material financial interest.” The definition above will be used for purposes of completing this disclosure form.

Instructions
(1) Enter board member’s name, job title (if applicable), and date this disclosure is being made.
(2) Enter the board member’s company/agency name and address. (3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation’s transaction that the board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable provisions of the Corporations Code.

The form must be signed by the board member that is involved in the self-dealing transaction described in Sections (3) and (4).
44 Section 5, Item E.

Exhibit B
B-2
(1) Company Board Member Information:

Name: Date:

Job Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to)
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code § 5233 (a)
(5) Authorized Signature
Signature: Date:
45 Section 5, Item E.

Exhibit C
C-1
Insurance Requirements

1. Required Policies
Without limiting the County’s right to obtain indemnification from the Contractor or any third parties, Contractor, at its sole expense, shall maintain in full force and effect the following insurance policies throughout the term of this Agreement. (A) Commercial General Liability. Commercial general liability insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.

Coverage must include products, completed operations, property damage, bodily injury, personal injury, and advertising injury. The Contractor shall obtain an endorsement to this policy naming the County of Fresno, its officers, agents, employees, and volunteers, individually and collectively, as additional insureds, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insureds will apply as primary insurance and any other insurance, or self-insurance, maintained by the County is excess only and not contributing with insurance provided under the Contractor’s policy.
(B) Automobile Liability. Automobile liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages.

Coverage must include any auto used in connection with this Agreement. (C) Workers Compensation. Workers compensation insurance as required by the laws of the State of California with statutory limits.
(D) Employer’s Liability. Employer’s liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and for disease. (E) Professional Liability. Professional liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of Three Million Dollars ($3,000,000). If this is a claims-made policy, then (1) the retroactive date must be prior to the date on which services began under this Agreement; (2) the Contractor shall maintain the policy and provide to the County annual evidence of insurance for not less than five years after completion of services under this Agreement; and (3) if the policy is canceled or not renewed, and not replaced with another claims-made policy with a retroactive date prior to the date on which services begin under this Agreement, then the Contractor shall purchase extended reporting coverage on its claims-made policy for a minimum of five years after completion of services under this Agreement. (F) Molestation Liability. Sexual abuse / molestation liability insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence, with an annual aggregate of Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.

If the Contractor is a governmental entity, it may satisfy the policy requirements above through a program of self-insurance, including an insurance pooling arrangement or joint exercise of powers agreement.
46 Section 5, Item E.

Exhibit C
C-2

2. Additional Requirements
(A) Verification of Coverage. Within 30 days after the Contractor signs this Agreement, and at any time during the term of this Agreement as requested by the County’s Risk Manager or the County Administrative Office, the Contractor shall deliver, or cause its broker or producer to deliver, to the County Risk Manager, at 2220 Tulare Street, 16th Floor, Fresno, California 93721, or [email protected], and by mail or email to the person identified to receive notices under this Agreement, certificates of insurance and endorsements for all of the coverages required under this Agreement.
(i) Each insurance certificate must state that: (1) the insurance coverage has been obtained and is in full force; (2) the County, its officers, agents, employees, and volunteers are not responsible for any premiums on the policy; and (3) the Contractor has waived its right to recover from the County, its officers, agents, employees, and volunteers any amounts paid under any insurance policy required by this Agreement and that waiver does not invalidate the insurance policy.
(ii) The commercial general liability insurance certificate must also state, and include an endorsement, that the County of Fresno, its officers, agents, employees, and volunteers, individually and collectively, are additional insureds insofar as the operations under this Agreement are concerned. The commercial general liability insurance certificate must also state that the coverage shall apply as primary insurance and any other insurance, or self-insurance, maintained by the County shall be excess only and not contributing with insurance provided under the Contractor’s policy.
(iii) The automobile liability insurance certificate must state that the policy covers any auto used in connection with this Agreement.
(iv) The professional liability insurance certificate, if it is a claims-made policy, must also state the retroactive date of the policy, which must be prior to the date on which services began under this Agreement.

Acceptability of Insurers. All insurance policies required under this Agreement must be issued by admitted insurers licensed to do business in the State of California and possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of no less than A: VII. (B) Notice of Cancellation or Change. For each insurance policy required under this Agreement, the Contractor shall provide to the County, or ensure that the policy requires the insurer to provide to the County, written notice of any cancellation or change in the policy as required in this paragraph. For cancellation of the policy for nonpayment of premium, the Contractor shall, or shall cause the insurer to, provide written notice to the County not less than 10 days in advance of cancellation. For cancellation of the policy for any other reason, and for any other change to the policy, the Contractor shall, or shall cause the insurer to, provide written notice to the County not less than 30 days in advance of cancellation or change. The County in its sole discretion may determine that the failure of the Contractor or its insurer to timely provide a written notice required by this paragraph is a breach of this Agreement.
47 Section 5, Item E.

Exhibit C
C-3
(C) County’s Entitlement to Greater Coverage. If the Contractor has or obtains insurance with broader coverage, higher limits, or both, than what is required under this Agreement, then the County requires and is entitled to the broader coverage, higher limits, or both. To that end, the Contractor shall deliver, or cause its broker or producer to deliver, to the County’s Risk Manager certificates of insurance and endorsements for all of the coverages that have such broader coverage, higher limits, or both, as required under this Agreement.
(D) Waiver of Subrogation. The Contractor waives any right to recover from the County, its officers, agents, employees, and volunteers any amounts paid under the policy of worker’s compensation insurance required by this Agreement. The Contractor is solely responsible to obtain any policy endorsement that may be necessary to accomplish that waiver, but the Contractor’s waiver of subrogation under this paragraph is effective whether or not the Contractor obtains such an endorsement. (E) County’s Remedy for Contractor’s Failure to Maintain. If the Contractor fails to keep in effect at all times any insurance coverage required under this Agreement, the County may, in addition to any other remedies it may have, suspend or terminate this Agreement upon the occurrence of that failure, or purchase such insurance coverage, and charge the cost of that coverage to the Contractor. The County may offset such charges against any amounts owed by the County to the Contractor under this Agreement.
(F) Subcontractors. The Contractor shall require and verify that all subcontractors used by the Contractor to provide services under this Agreement maintain insurance meeting all insurance requirements provided in this Agreement. This paragraph does not authorize the Contractor to provide services under this Agreement using subcontractors. 48 Section 5, Item E.

STAFF REPORT
MEETING DATE: September 25, 2024
PRESENTER: Bonique Emerson, Contract Planner
SUBJECT: Whispering Falls Project: General Plan Amendment 2023-01, Mitigated Negative Declaration 2023-01, Rezone 2023-01, Tentative Subdivision Map 2023-01, and Annexation 2023-01 pertaining to the Whispering Falls residential development located on the east side of South Modoc Avenue between West California Avenue (proposed) and the West California Avenue Alignment/San Joaquin Valley Railroad (APNs 020-160-36S, 020-160-18S, 020-160-19S, 020-041-45S, 020-041-47S, and 020-041-09U) (BE)
RECOMMENDATION: That Council consider the second reading of ordinance, adoption of the Tentative Subdivision Map resolution and Annexation Initiation resolution; deliberate; and by motion:

1. Adopt an ordinance of the City Council of the City of Kerman amending the official City of Kerman zoning map to pre-zone approximately 44.75 acres (APNs 020-160-36S, 020-160-18S, 020-041-45S, and 020-041-47S) to the Smart Development Combining District – Residential – Minimum 2,500 square feet (SD-R-2.5) Zoning District and approximately 20 acres (020-160- 19S) to the Smart Development Combining District – Residential – Minimum 5,000 square feet (SD-R-5) Zoning District (REZ 2023-01).

3. Adopt a resolution initiating annexation for the Whispering Falls residential project consisting of six (6) parcels identified as APNs 020-160-36S, 020-160-18S, 020-160-19S, 020-041-45S, 020-041-47S and 020-041-09U containing approximately 64.76 acres located on the east side of South Modoc Avenue between West Kearney Boulevard and the West California Avenue Alignment/San Joaquin Valley Railroad (Annexation 2023-01).

EXECUTIVE SUMMARY:

The Council conducted a duly noticed public hearing on August 28, 2024, on the Whispering Falls Project which is described in the subject line above. At the conclusion of the public hearing and after deliberations, the Council approved the resolution amending the General Plan and Mitigated Negative Declaration (CEQA) for the Project and introduced the ordinance that amends the Zoning Map. The related annexation initiation and tentative subdivision map were also presented at the 49 Section 6, Item A.
hearing; however, Council did not take action on those matters. At this meeting, the Council is asked to (i) conduct the second reading and adopt the ordinance, (ii) adopt the resolution approving the tentative subdivision map, and (iii) adopt the resolution initiating annexation as noted in the recommendations above.

BACKGROUND:

Whispering Falls, LLC. (Applicant) proposes Annexation (ANX) 2023-01, Rezone (REZ) 2023-01, General Plan Amendment (GPA) 2023-01, Conditional Use Permit (CUP) 2023-02, Tentative Subdivision Map (TSM) 2023-01, Development Plan Permits (DPL) 2023-01 and 02, and Variance (VAR) 2023-01 pertaining to six (6) parcels (APNs 020-160-36S, 020-160-18S, 020-160-19S, 020-041- 45S, 020-041-47S, and 020-041-09U) that total approximately 64.76 acres located on the east side of South Modoc Avenue between West Kearney Boulevard and the West California Avenue Alignment/San Joaquin Valley Railroad.

The project would result in the annexation of approximately 64.76 acres from the County of Fresno to the City of Kerman, in addition to the adjacent right-of-way on South Modoc Avenue and the West California Avenue Alignment and detach the subject area from the Kings River Conservation District into the Fresno Irrigation District.

The project would result in the prezone of approximately 41.49 acres (APNs 020-160-36S, 020-160- 18S, 020-041-45S, and 020-041-47S) to the Smart Development Combining District – Residential – Minimum 2,500 Square Feet (SD-R-2.5) zoning district and rezone approximately 20 acres (APN 020- 160-19S) to the Smart Development Combining District – Residential – Minimum 5,000 Square Feet (SD-R-5) Zoning District.

The project would amend the Kerman 2040 General Plan to add the SD-R-2.5 zone district as a compatible zone district within the Medium Density Residential land use designation and set a minimum residential density of five (5) dwelling units per acre.

The project would also subdivide an approximately 21.89 acres (APNs 020-160-36S, 020-041-45S, and 020-041-47S) into 119 lots to account for 118 single-family lots and one (1) lot reserved for 54 multi-family residential units and community center.

Although not before the City Council, note that DPLs 2023-01 and 2023-02, CUP 2023-02, VAR 2023- 01, and TSM 2023-01 were contingently approved by the Planning Commission at a special meeting on July 15, 2024. Contingency is based upon Council initiation of ANX 2023-01 and approval of GPA 2023-01, REZ 2023-01, and TSM 2023-01.

The proposed development plans would facilitate the 174-unit residential development in accordance with development standards contained within KMC Chapter 17.18.030. Smart Development (SD) Combining District, together with standards specified in Chapter 17.28. Parking, Loading, and Access and Chapter 17.20. General Site Planning and Development Standards.

The conditional use permit would allow for the development of multi-family units and a drainage basin, both allowed in the smart development zone district with a conditional use permit. The 50 Section 6, Item A.
variance would allow for an additional 10 feet, or one (1) story, for the multi-family residential buildings.

Applicable Codes and Procedures
KMC 16.28 – Subdivision Maps Atta
KMC 16.32 – Tentative Maps
KMC 17.116 – Public Notices and Hearings
KMC 17.112 –Amendments
KMC 17.18.030 – Smart Development (SD) Combining District KMC 17.20 – General Site Planning and Development Standards Public Resource Code – 21000 et seq.

Site Location
The Project site is currently in the jurisdiction of the County of Fresno, California. The site is located on the east side of South Modoc Avenue between West Kearney Boulevard and the West California Avenue Alignment/San Joaquin Valley Railroad, consisting of six (6) parcels that total approximately

64.76 acres. The site is identified by the Fresno County Assessor as Assessor’s Parcel Numbers (APNs) 020-160-36S (20.01 acres), 020-160-18S (20 acres), 020-160-19S (20 acres), 020-041-45S (1.12 acres), 020-041-47S (0.76 acres), and 020-041-09U (2.87 acres). The Vicinity Map is shown in Attachment ‘A’.

Setting and Surrounding Uses
As referenced in Table 1, the Project site is surrounded by agricultural land to the north, west, and south, and residential uses to the east. The properties to the north and east are planned for residential uses within the City of Kerman Sphere of Influence. The properties to the south and west are planned for agricultural uses within the County of Fresno. The Aerial Photograph and Physical Setting of the Project site is shown in Attachment ‘B’.

The MDR land use designation “allows for residential development at a density of up to 12 units per gross acre. Development in this category could include a mix of single‐family and multifamily residences, including duplexes, triplexes, fourplexes, and mobile homes.” The MDR land use designation is compatible with the R-1-7, R-1-12, R-2, SD-R-5, SD-R-4.5, SD-R-3.5, PD-R-7, and PD-R51 Section 6, Item A.
12 zoning districts. Typical uses of this land use designation include single-family detached dwellings, small-lot multifamily dwellings including duplexes, triplexes, fourplexes, and mobile homes, accessory dwelling units, and compatible public and quasi-public uses (e.g., churches, day-care centers, community centers, parks, and schools).

The HDR land use designation “allows for residential development at a density of up to 24 units per gross acre. Development in this category could encompass apartment complexes, senior housing, and condominiums.” The HDR land use designation is compatible with the R-3, SD-R-2.5, and PD-R2.5 zoning districts. Typical uses of this land use designation include large-lot multifamily dwellings, including apartment complexes, senior housing, and condominiums, accessory dwelling units, and compatible public and quasi-public uses (e.g., churches, day-care centers, community centers), parks, and schools). The minimum density permitted in the HDR land use designation is 20 dwelling units per acre. The maximum density permitted is 24 dwelling units per acre.

Zone District
The Project site is outside City limits and located within the County of Fresno Agricultural Exclusive – 20 Acres (AE-20) zone district. The Zoning Map (Existing) for the Project site is shown in Attachment ‘D’. Because the site is outside City limits, proposed development would require annexation and a pre-zone/rezone of the site to a zoning district consistent with the City of Kerman 2040 General Plan planned land use designation for the site. Consistent zoning districts for the MDR land use designation are R-1-7, R-1-12, R-2, SD-R-5, SD-R-4.5, SD-R-3.5, PD-R-7, and PD-R-12. Consistent zoning districts for the HDR land use designation are R-3, SD-R-2.5, and PD-R-2.5.

ANALYSIS:

Annexation 2023-01
Annexation (ANX) 2023-01 would annex approximately 64.76 acres(APNs 020-160-36S, 020-160-18S, 020-160-19S, 020-041-45S, 020-041-47S, and 020-041-19U) from the County of Fresno to the City of Kerman, in addition to adjacent right-of-way on South Modoc Avenue and the West California Avenue Alignment and detach the subject area from the Kings River Conservation District and into the Fresno Irrigation District.

The annexation boundary is shown in Attachment ‘J’. There are six (6) parcels within the boundary, four (4) of which are related to Tentative Subdivision Map 2023-01, Development Plans 2023-01 and 2023-02, Conditional Use Permit 2023-02, and Variance 2023-01. There is no development proposed at this time for APN 020-160-19S and APN 020-041-19U is the railroad right of way.

Four (4) parcels would be pre-zoned to the Smart Development Combining District – Residential – minimum 2,500 square feet (SD-R-2.5) zoning district, consistent with the underlying General Plan land use designation, Medium Density Residential and High Density Residential, pending approval of General Plan Amendment 2023-01. One (1) parcel would be pre-zoned to the Smart Development Combining District – Residential – minimum 5,000 square feet (SD-R-5), consistent with the underlying planned land use designation, Medium Density Residential.

The annexation application has been considered by the Fresno Area Local Formation Commission (LAFCO) for review and comments. Per LAFCO, the annexation would comply with LAFCO policies 52 Section 6, Item A.
and objectives. Additionally, City staff has issued notice of intent to annex and requested a finding of consistency pursuant to the Second Amendment and Restated Memorandum of Understanding (MOU) between the County of Fresno and City of Kerman. The County of Fresno has responded that they will hold the City’s request for finding of consistency with the City/County MOU until after City Council approves the land use and subdivision entitlements. According to the County, this is necessary for the County to find that entitlements have been approved on the lands proposed for annexation.

Rezone 2023-01
Rezone (REZ) 2023-01 would pre-zone approximately 41.49 acres (APNs 020-160-36S, 020-160-18S, 020-041-45S, and 020-041-47S) to the Smart Development Combining District – Residential – minimum 2,500 square feet (SD-R-2.5) zoning district and approximately 20 acres (020-160-19S) to the Smart Development Combining District – Residential – minimum 5,000 square feet (SD-R-5) zoning district, pending approval of Annexation 2023-01. The SD-R-2.5 zoning district would be consistent with the underlying planned land use, Medium Density Residential and High Density Residential, pending approval of General Plan Amendment 2023-01. The SD-R-5 zoning district would be consistent with the underlying planned land use designation, Medium Density Residential.

According to the Kerman Municipal Code (KMC), the purpose of the Smart Development (SD) Combining District is to promote development designs that respond to significant planning-related issues facing the San Joaquin Valley, including urbanization of agricultural land, air pollution, housing affordability, traffic, aesthetics and neighborhood deterioration. This new approach to development design has been popularized by the term "smart growth" and its purpose is to achieve the average density goals set forth by each district.

The SD district is structured to encourage a comprehensive development that is superior to traditional development of the recent past by increasing walkability and connectivity while achieving the higher net density and preservation of open space goals set forth by the general plan. To the greatest extent possible, attention shall be given to greater design details and the average density set forth by each individual zone district shall be achieved through a mix of residential housing types and sizes. As described in the Development Standards section below, the proposed development, as conditioned, will comply with the purpose and intent of the zone district.

General Plan Amendment 2023-01
The Project site has a City of Kerman 2040 General Plan land use designation of MDR – Medium Density Residential (56.89 acres) and HDR – High Density Residential (5 acres). General Plan Amendment (GPA) 2023-01 would amend the Kerman 2040 General Plan to add the SD-R-2.5 zoning district as a compatible zoning district within the Medium Density Residential land use designation and set a minimum residential density of five (5) dwelling units per acre. No change is proposed to the maximum density currently permitted. The analysis is described in further detail as follows.

As shown on Table 2 below, and per the Kerman General Plan, there is no minimum density required in the MDR land use, however, this land use would need to be developed consistent with a zone district that is compatible. Pursuant to Table 3-2 of the General Plan, the lowest density compatible zone district is the R-1-7 zone district, which requires a minimum 7,000 square foot lot. Given that 53 Section 6, Item A.
streets typically take up about 30% of land in a residential subdivision, a 7,000 minimum lot size requirement would yield about 4.4 units to the acre.

There is no maximum lot size in the R-1-7 zone district, meaning a proposed lot in this district could be an acre or more in size if desired. However, for the purpose of this minimum density calculation,

4.4 units per acre is utilized as the minimum density required (conservative estimate). The minimum density allowed in the HDR land use is 20 units to the acre. The minimum density required across the 20 acres is as follows (also depicted in Table 2):

MDR: 15 acres * 4.4 du/ac = 66 units
HDR: 5 acres * 20 du/ac = 100 units
Thus, to be consistent with the General Plan, at least 166 units would need to be developed across the entire site. The proposed project will exceed this requirement.

Table 2. Minimum Required Density Calculations
Land Use
Designation
Min. Density
Per General Plan
Max. Density
Per General Plan
Proposed
Units
Min.

Required
Units
HDR
(±5 Acres)
20 du/ac 24 du/ac 54 100
MDR
(±15 Acres)
None, however, 4.4 units
used, as described above.
12 du/ac 118 66
Total - - 172 166
Based on the underlying land use designations and the proposed combining of single-family and multi-family residential uses, the Smart Development (SD) Combining District is the most appropriate/applicable zone district. Specifically, the SD-R-2.5 would be the most compatible zone district for the proposed project. The density range permitted in the SD-R-2.5 zone district is consistent with the density ranges in both the MDR and HDR land uses (although SD-R-2.5 is not explicitly called out as a compatible zone district for MDR in the General Plan). The SD-R-2.5 district requires a density range of 8-20 units to the acre. The other benefit of this zone district is it guarantees that the City will get a minimum of eight (8) units to the acre.

The project proposes 118 single-family units and 54 multi-family units, totaling 172 residential units, which would equate to a residential density of 8.6 units per acre. In addition, the single-family units would consist of three (3) types – alley loaded, cluster, and wide shallow single-family homes – and the multi-family units would consist of either a townhome or apartment unit-flat. The proposed uses are consistent with the MDR and HDR underlying land use designations, and as analyzed, the project would meet the minimum density which would be achieved through a variety of housing types of sizes, consistent with the intent of the smart development zoning district.

In conclusion, based on an analysis of the KMC and the Kerman General Plan, the proposed density is consistent with the General Plan and should be allowed to proceed as proposed, subject to future restrictions/requirements on zoning and development. Conditions will be placed on the proposed project to ensure that the site is developed with at least the minimum density proposed. 54 Section 6, Item A.

Tentative Subdivision Map 2023-01
Tentative Subdivision Map (TSM) 2023-01 would subdivide APN 020-160-36S, 020-041-45S, and 020- 041-47S into 119 lots to account for 118 single-family lots and one (1) lot reserved for 54 multi-family residential units and community center. The lot areas conform to the standards of development as defined by the Zoning Ordinance for the smart development zone districts.

The map would also vacate 20 feet on the east side of South Modoc Avenue right-of-way, a 30-foot PG&E easement, and the southern portion of the West California Avenue alignment in the southern portion of the site. Ten (10) foot water easements are proposed throughout the development in the rights-of-way. An eight (8) foot landscape easement is proposed in West California Avenue along the site’s northern boundary. The subdivision will also include private streets.

Construction would occur in two (2) phases, with phase 1 accounting for construction of West California, the main access point and entry street, approximately 56 single-family units, and all 54 multi-family units plus community center and amenities, and portions of the residential streets and alleys throughout this portion of development. Phase 2 construction would include the remaining single-family units, residential streets, and alleys.

Land Use Plans and Policies
The 2040 General Plan includes policy recommendations related to the various physical development aspects of the community. The policies are supported by a set of goals and objectives. The City Council shall refer to the General Plan’s policies, goals, and objectives when deciding on this request.

Through the Project and development review process and in collaboration with other City departments and outside agencies, the Project has been designed to comply with the City’s General Plan goals, policies, and objectives. As proposed, the project will be consistent with the Kerman 2040 General Plan goals and objectives related to land use and the urban form. Below are excerpts from the General Plan that are germane to this Project and an analysis of how the project is consistent:

LU-3.3 Prevent Sprawl Development: The City shall direct new development to areas that are contiguous to existing or approved development and prevent sprawl development.

The proposed project is contiguous to existing development and does not encourage urban sprawl.

LU-5.4 New Incompatible Land Uses: The City shall prohibit the introduction of new incompatible land uses and environmental hazards into existing residential areas. 55 Section 6, Item A.

The project is a residential development that is contiguous with existing residential development and will not introduce a new, incompatible land use to the area.

Access, Circulation, and Off-Site Improvements
Vehicular access to the site would be provided by three (3) points of ingress/egress from West California Avenue, which is proposed to be extended west from the adjacent subdivision and improved with curb, gutter, sidewalk, and an eight-foot landscape easement on the north and south side of the extended street. The east 20-feet of South Modoc Avenue right-of-way is proposed to be vacated south of West California Avenue. West California Avenue and South Modoc Avenue within the vicinity of the project site are designated as collectors in the General Plan Circulation Element.

Internal circulation within the site would be provided by private streets and alleys in addition to pedestrian walkways (See Private Streets and Alleys above).

The Project would also result in off-site improvements along West California Avenue including concrete curb, gutter, sidewalk, paving, and an eight-foot landscape easement per City of Kerman Public Works Standards. The City will also require an extension of the Class II Bikeway along West California Avenue that would connect to the existing Class II facility to the east of the site, and in the future would be connected to Kearney Boulevard as development to the north occurs. These improvements will be consistent with the General Plan and Active Transportation Plan.

A traffic impact study was prepared for the project by VRPA Technologies, Inc. dated March…The study evaluated projected trip generation based upon the trip generation rates and potential impacts associated with development occurring on the subject property in accordance with the proposed project. The project trip generation was determined using trip generation rates from the Institute of Transportation Engineers (ITE) Trip Generation Manual (11th Edition) for daily, weekday AM (7:00- 9:00am), and PM (4:00-6:00pm) peak hours. The single-family units and multi-family units are anticipated to generate approximately 1,175 and 434 average daily trips, respectively, for a total of 1,608 trips. The weekday AM peak hour trips generated for the single-family units is estimated to be 87 trips, and 44 trips for multi-family units, for a total of 132 AM peak hour trips on a weekday. The weekday PM peak hour trips generated for the single-family units is estimated to be 116 trips, and 58 for the multi-family units, for a total of 173 PM peak hour trips on a weekday.

The alternative mitigation identified could involve installing a roundabout with a shared two-lane in north and south direction while one shared lane in east and west directions for approach and exit.

Public Utilities and Service Systems
The project will tie into existing municipal water, sewer, and storm drain systems through the extension of existing systems. Sanitary sewer service would be provided through a proposed sanitary sewer lift station located in the northwest corner of the site, which will be connected to a temporary sanitary sewer main in West California Avenue. Domestic water service will also be in West California Avenue. Sewer and water lines will connect to each unit throughout the site. The water features/swales throughout the site will also serve as a storm collection system. As discussed above, an off-site temporary storm basin will be provided until permanent services are available. Associated electric, water, natural gas, and related infrastructure is available and will serve the project site as needed.

Other Department Comments
The project proposal wasreviewed by various other City Departments and affected outside agencies.

The responses and recommendations have been incorporated into the recommended conditions of approval included in this report. Comments are standard and can be found in Attachment ‘E’.

Conclusion
As proposed, the project is consistent with the Kerman General Plan and Zoning Ordinance as well as the Subdivision Map Act. Additionally, as conditioned, there is no evidence that suggests approval of the proposed project will be detrimental to the public, health, safety, and welfare of those residing or working nearby. To ensure the continued compatibility of the site with surrounding uses, conditions of approval have been incorporated.

ENVIRONMENTAL REVIEW:

The environmental impacts of the project have been analyzed in accordance with the California Environmental Quality Act (CEQA). An Initial Study was prepared to evaluate the potential impacts associated with the project. Based upon review of the Initial Study, the proposed project will not have a significant effect on the environment because the mitigation measures outlined in the proposed Mitigation Monitoring and Reporting Program have been included in the project (Attachment ‘G’). The Initial Study and Mitigated Negative Declaration was posted at the County Clerk’s Office on April 3, 2024; the deadline for comments was April 23, 2024. The State Clearinghouse received the document on April 3, 2024; the deadline for Clearinghouse comments was April 23, 2024 (SCH #2024040147).

A consultation list of tribes with traditional lands or cultural places located within Fresno County was requested and received from the California Native American Heritage Commission (NAHC) on April 11, 2023. The listed tribes include Big Sandy Rancheria of Western Mono Indians, Cold Springs Rancheria of Mono Indians, Dumna Wo-Wah Tribal Government, Kings River Choinumni Farm Tribe, North Valley Yokuts Tribe, Table Mountain Rancheria, Tule River Indian Tribe, and Wuksache Indian 57 Section 6, Item A.

Tribe/Eshom Valley Band. The NAHC also conducted a Sacred Lands File (SFL) search which was negative.

The City of Kerman conducted formal tribal consultation for the proposed Project pursuant to AB 52 (Chapter 532, Statutes 2014) and SB 18 (Chapter 905, Statutes 2004) on April 28, 2023, utilizing the consultation list of tribes received from the NAHC. The same tribes listed above were included in the formal consultation. Consultation for AB 52 ended on May 29, 2023, and consultation for SB 18 ended on July 27, 2023. No response was received.

The Planning Commission has recommended approval of the Mitigated Negative Declaration.

PLANNING COMMISSION REVIEW:

The Planning Commission held a public hearing to consider the project at a special meeting on July 15, 2024. No members of the public other than applicant and owner representatives addressed the Commission on this item. On a 4-0-1 vote, the Planning Commission adopted Resolution No. 2024- 13 (ANX 2023-01 and ENV 2023-01); Resolution No. 2024-14 (GPA 2023-01 and REZ 2023-01); Resolution No. 2024-15 (TSM 2023-01); Resolution No. 2024-16 (DPL 2023-01); Resolution No. 2024- 17 (DPL 2023-02 and VAR 2023-01); and Resolution No. 2024-18 (CUP 2023-02), contingently approving DPL 2023-01, DPL 2023-02, VAR 2023-01, and CUP 2023-02 and recommending that the City Council initiate ANX 2023-01, adopt ENV 2023-01, and approve GPA 2023-01, REZ 2023-01, and TSM 2023-01. The Planning Commission Resolutions are provided in Attachment ‘F’.

PUBLIC HEARING NOTICE:

Public notification regarding this Project was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the hearing. The City also published notice of the ordinance 5 days prior to the meeting in the Fresno Bee and at City Hall in accordance with State Law, Government Code Section 36933.

CITY COUNCIL FINDINGS:

General Plan Amendment 2023-01
To approve General Plan Amendment 2023-01, the City Council must make the following findings.

1. The change is consistent with the General Plan goals and policies.

The proposed use and development of the site is consistent with the General Plan. Upon approval of the annexation and pre-zone to the smart development zone district, the development of the site with residential uses and at densities allowed within the underlying land use designations will be consistent with the General Plan. Moreover, GPA 2023-02 is supported by policy LU-3.3 Prevent Sprawl Development and LU-3.5 Increase Density and Intensity within City Limits, which prevents urban sprawl by allowing denser developments within the City’s land uses. 58 Section 6, Item A.

2. The change is consistent with the purpose of the Zoning Ordinance to preserve and promote the public health, safety and welfare of the city and to facilitate growth and expansion of the city in a precise and orderly manner.

3. There will not be significant effects upon the quality of the environment and natural resources.

Rezone 2023-01
To approve REZ 2023-01, the City Council must make the following findings pursuant to KMC 17.112 Amendments.

1. The change is consistent with the General Plan.

2. The change is consistent with the purpose of the Zoning Ordinance to promote the health, safety, and welfare of the community.

The project has been reviewed by the various City departments and evaluated for conformity with the requirements of the Zoning Ordinance. The proposed use and development are consistent with the applicable development standards. Any other improvements or mitigations required for the health, safety, and welfare of the community has been applied to this project as mitigation measures and conditions of approval. Moreover, REZ 2023-01 is supported by policy LU-2.1 Attractive Community, LU-2.4 Architectural Character, and LU-2.5 High-Quality Design, which cumulatively, enhance the design, character, and vibrancy of the City’s health, safety, and welfare.

3. There will not be significant effects upon the quality of the environment and natural resources.

Tentative Subdivision Map 2023-01
59 Section 6, Item A.

To approve the proposed Tentative Subdivision Map 2023-01, the City Council must determine that the proposed map is consistent with the General Plan, Zoning Ordinance, and the Subdivision Map Act subject to the following consistency findings:

1. The proposed map is consistent with the applicable General Plan, Subdivision Ordinance, Specific Plan, and the Subdivision Map Act.

The proposed subdivision map is consistent with the General Plan as amended. Specifically, the project is supported by policies LU-3.4 Leapfrog Development and CIRC-1.10 Adequate Egress/Ingress. There is no applicable specific plan. The City Council has reviewed the analysis and all evidence presented in this matter and determines that proposed Tentative Subdivision Map 2023-01 is consistent with the General Plan as amended by General Plan Amendment 2023-01.

2. The design or improvement of the proposed land division is consistent with applicable general plan and specific plans.

The proposed land division is consistent with the General Plan, including all applicable goals, policies and implementation measures. The land division is consistent with the planned density and land use designated by the General Plan, as well as circulation, pedestrian accessibility, and other design or improvement requirements of the General Plan. Additionally, the proposed parcels will comply with minimum lot size standards and the residential land uses consistent with the General Plan and Zoning Ordinance. There is no specific plan applicable to the site.

3. That the site is physically suitable for the proposed type of development.

The subdivision map will create 119 parcels to support single-family and multi-family residential uses with ample open space. The site is physically suitable for such proposed type of residential use. Development is required to be consistent with the General Plan, Zoning Ordinance, Tentative Subdivision Map, and Development Plans, and there are no unusual conditions that would render the site physically unsuitable for such subsequent type of consistent development.

4. That the site is physically suitable for the proposed density of development.

The subdivision map will create 119 parcels to support single-family and multi-family residential uses with ample open space. The site is physically suitable for such proposed density of development. All development is required to be consistent with the General Plan, Zoning Ordinance, Tentative Subdivision Map, and Development Plans. Such consistency would likewise require consistency with setbacks, building code, and other requirements that would ensure suitable density of development.

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

An initial study was prepared for this project consistent with the California Environmental Quality Act (CEQA), which resulted in a proposed mitigated negative declaration (MND). Per the MND, the project will not have a significant, adverse effect on the environment as mitigated. Therefore, 60 Section 6, Item A.
the tentative subdivision map would not result in a substantial adverse effect to special status species, riparian or other natural habitat, wetlands, movement of migratory fish or wildlife species, or conflict with any local, regional or state preservation or conservation plans.

6. The design of the subdivision and type of improvements being required are not likely to cause serious public health problems.

The lots created will comply with all applicable sanitary sewer, water service, and storm water runoff requirements, as well as other similar environmental and life safety regulations and standards. Thus, the project is not likely to cause serious public health problems.

7. 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.

The map would vacate 20 feet on the east side of South Modoc Avenue right-of-way, a 30-foot PG&E easement, and the southern portion of the West California Avenue alignment in the southern portion of the site. Ten (10) foot water easements are proposed throughout the development in the rights-of-way. An eight (8) foot landscape easement is proposed in West California Avenue along the site’s northern boundary. The vacation and dedication will ensure that upon development, the design and type of improvements will not conflict with easements and that access through or use of property within the proposed subdivision would be maintained.

8. That the proposed design provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision pursuant to Government Code Section 66473.1.

As feasible, the project has attempted to take advantage of passive or natural cooling opportunities in subdivision design. Appropriate consideration was given to the local climate, while ensuring that heating and cooling opportunities did not result in the reduction of allowable densities or the percentage of a lot that may be occupied as contemplated by Government Code section 66473.1.

Annexation 2023-01
To approve initiation of ANX 2023-01, the City Council must make the following findings pursuant to the City/County Second Amended and Restated MOU standards for annexation:

1. The proposed annexation is within the City’s adopted Sphere of Influence.

This project is located within Area 1 of the proposed Sphere of Influence outlined in the General Plan and maintains growth management controls consistent with the General Plan including but not limited to LU-3.2, LU-3.3, LU-5.4.

2. The proposal must be consistent with city general and specific plans, including adopted goals and policies.

The proposed annexation area will be consistent with the City’s General Plan goals and policies contingent upon approval of the entitlements, including the General Plan Amendment, 61 Section 6, Item A.

Prezone/Rezone, Tentative Subdivision Map, Development Plans, Conditional Use Permit, and Variance, including but not limited to LU-2.1, LU-2.4, LU-2.5, LU-3.2, LU-3.3, LU-5.4, CIRC-1.10, and CIRC-2.1.

3. Pursuant to CEQA, the proposal must mitigate any significant adverse effect on continuing agricultural operations on adjacent properties, to the extent reasonable and consistent with the applicable general and specific plan.

The City has prepared an Initial Study / Mitigated Negative Declaration (MND) for the project.

The MND has concluded that no significant environmental impacts will occur as a result of the project.

4. At least 25% of the area proposed for annexation has an approved tentative subdivision map(s) (single-family residential) and an approved site plan (for uses besides single-family).

The proposed annexation would meet this condition whereby at least 25% of the proposed annexation area will include an approved tentative map for single-family residential and approved development plan for multi-family residential.

5. The annexation is to fulfill the city’s Regional Housing Needs Allocation (RHNA) obligation which otherwise cannot be accommodated on lands currently within the city’s incorporated boundary.

The proposed annexation would meet this condition whereby the City has contemplated this annexation area as a housing program necessary to fulfill RHNA obligations within the City’s 6th Cycle Housing Element Update.

6. The proposal would not create islands. Boundaries must ultimately minimize creation of peninsulas and corridors, or other distortion of boundaries.

The proposed annexation area would not create islands. New boundaries would not create any peninsulas or corridors.

ATTACHMENTS:

A. Attachment A – Project Vicinity Map
B. Attachment B – Aerial Map of Project Site
C. Attachment C – General Plan Land Use Designation Map for Project Site D. Attachment D – Zoning District Map (Existing) for Project Site E. Attachment E – Other Agency/Department Comments
F. Attachment F – Planning Commission Resolutions
G. Attachment G – General Plan Amendment 2023-01 and Environmental Assessment 2023-01 a. Exhibit 1 – General Plan Amendment 2023-01
b. Exhibit 2 – Environmental Assessment 2023-01
c. Exhibit 3 – Mitigation Monitoring and Reporting Program H. Attachment H – Ordinance Rezone 2023-01
a. Exhibit 1 – Rezone 2023-01
I. Attachment I – Tentative Subdivision Map 2023-01
62 Section 6, Item A.
a. Exhibit 1 – Tentative Subdivision Map 2023-01
b. Exhibit 2 – Conditions of Approval for Tentative Subdivision Map 2023-01 J. Attachment J – Annexation 2023-01
a. Exhibit 1 – Annexation 2023-01
63 Section 6, Item A.

ATTACHMENT ‘A’
Project Vicinity Map
64 Section 6, Item A.

ATTACHMENT ‘B’
Aerial Map of Project Site
65 Section 6, Item A.

ATTACHMENT ‘C’
General Plan Land Use Designation Map for Project Site
66 Section 6, Item A.

ATTACHMENT ‘D’
Zoning District Map (Existing) for Project Site
67 Section 6, Item A.

Fresno Local Agency Formation Commission
LAFCo Office: 1401 Fulton Street, Suite 900, Fresno, CA 93721 Phone (559) 600-0604
November 13, 2023
Jenna Chilingerian, AICP
Contract Senior Planner
City of Kerman
Dear Ms. Chilingerian:

Subject: Comments Regarding Concurrent Applications: Annexation (ANX 2023-01), Pre-zone (REZ 2023-01), Tentative Subdivision Map (TSM 2023-01), General Plan Amendment (GPA 2023-01), Development Plan (DPL 2023-01&02), Conditional Use Permit (CUP 2023-02) and CEQA (ENV 2023-01).

Thank you for the opportunity to comment on this project. From the material provided to this office, my understanding of the project description is as follows:
• Annexation (ANX 2023-01), a request to approve the Annexation of approximately 80 acres. This annexation request is consistent with the 2040 General Plan goals and policies (LU-3);
• Pre-zone (REZ 2023-01) pertains to the pre-zoning of the proposed project. Currently the project area is zoned AE-20 – Exclusive Agricultural County zoning. The project will be prezoning will be consistent with the MDR (Medium Density) land use designation; R-1-7, R1-12, R-2, SD-R-5, SD-R-4.5, SD-R-3.5; • General Plan Amendment (GPA 2023-01) pertains to A General Plan Text Amendment will be processed concurrently with the Pre-zone and Annexation process; • Conditional Use Permit (CUP 2023-02) Conditional uses within the SD district are those uses listed on the conditional use lists of the R-1, R-2 and R-3 zone districts (Section

17.58.040). Multi-family residential is listed as a conditional use in the R-1 zone district and therefore the proposed development would be subject to a Conditional Use Permit.

Because the project implements a blending of densities, the CUP will memorialize multifamily development where single-family development is traditionally permitted as a by-right use;
• CEQA (ENV 2023-01) pertains to an initial study being prepared for the project consistent with CEQA guidelines;
• Development Plan (DPL 2023-01 &02) Pertains to Physical elements associated with the development (e.g. architecture, floor plans, landscaping, parking, setbacks etc.) of TSM 2023-01 will be considered. Development Plans for the single-family and the multi-family residential development will be considered separately. Key considerable features of the project include streets and open space areas to be privately maintained by an HOA’s. The project design also includes areas with alley-loaded garages. Physical construction will be subject to the California Building Code and zoning Development standards in effect at the time of construction;
• Tentative Subdivision Map (TSM 2023-01) pertains to the subdivision of land and proposed street dedications/improvements to accommodate for the above referenced uses. The proposed project would include A tentative subdivision map encompassing 118 Attachment 'E'
68 Section 6, Item A.

Jenna Chilingerian
City of Kerman
ANX 2023-01

Page 2 ends

single-family residential units will be considered.

The Fresno Local Agency Formation Commission (LAFCo) regulates, through approval or denial, the boundary changes proposed by local agencies or individuals. LAFCo’s objectives are to:
• Encourage orderly formation and development of agencies; • Encourage consistency with spheres of influence and recommended reorganization of agencies;
• Encourage orderly urban development and preservation of open space patterns; • Encourage conservation of prime agricultural lands and open space areas; and • Identify and address disadvantaged unincorporated communities.

LAFCo should be identified in the city’s environmental document as a Responsible Agency under CEQA whose role is to consider reorganizations and spheres of influence. Commission action on the reorganization request should be noted in the environmental document. As a Responsible Agency, the Commission is required to review and consider the City’s environmental documents prior to taking its action. A Responsible Agency complies with CEQA by considering the environmental analysis prepared by the Lead Agency and by reaching its own conclusions on whether and how to approve the project. The Commission may then make a finding that it independently reviewed and considered the information in the environmental document and that the environmental document is sufficient to support a determination on the proposed reorganization.

Project-Specific Comments
The city will be required to submit the appropriate application materials including fees to LAFCo for reorganization. These materials are enumerated on our website (www.fresnolafco.org) through the “Applications and Documents” tab under “Items Necessary for a complete application”.

The fee schedule for changes of organization/reorganization (annexation) of 41-80 acres is $12,00 and for changes of organization/reorganization (annexation) of 81 to 160 aces is $14,400.

The annexation boundary and map and legal description is recommended to include APN(s) 02016019S and 02016002S.

If the proposal would result in the annexation to a city of land that is subject to a contract executed pursuant to the Williamson Act (Chapter 7 (commencing with Section 51200) of Division 1), then the petition and/or resolution for reorganization request shall state whether the city shall succeed to the contract pursuant to Section 51243 or whether the city intends to exercise its option to not succeed to the contract pursuant to Section 51243.5.

Annexation of full rights of way contiguous to parcel boundaries should be presumed in the reorganization’s legal description and map.

Thank you for the opportunity to provide comments. If you have any questions, please contact me at (559) 600-0604.

Sincerely,
Juan Lara
LAFCo Analyst III
69 Section 6, Item A.
11'-4" x 12'-0" MASTER BEDROOM
6'-1" x 13'-6" M. BATH
9'-8" x 6'-11" BATH 2
6'-6" x 7'-0" DEN / WORK
16'-6" x 12'-7" LIVING ROOM 48"x30" 48"x30"
LNDY
5'-4" x 10'-2" WIC
10'-10" x 14'-7" BEDROOM 2
16'-6" x 11'-0" KITCHEN/DINNING
14'-2" x 17'-2" LIVING ROOM
UP
14'-8" x 19'-4" KITCHEN/DINNING 48"x30" 48"x30" 48"x30" 9'-7" x 7'-0" BATH 2 11'-6" x 11'-0" BEDROOM 2 UP 48"x30"
17'-2" x 14'-2" LIVING ROOM
UP
19'-4" x 14'-8" KITCHEN/DINNING 48"x30" 48"x30" 48"x30" 7'-0" x 9'-7" BATH 2 11'-0" x 11'-6" BEDROOM 2 UP 48"x30"
12'-0" x 11'-4" MASTER BEDROOM
13'-6" x 6'-1" M. BATH
6'-11" x 9'-8" BATH 2
7'-0" x 6'-6" DEN / WORK
12'-7" x 16'-6" LIVING ROOM 48"x30" 48"x30"
LNDY
10'-2" x 5'-4"WIC
14'-7" x 10'-10" BEDROOM 2
11'-0" x 16'-6" KITCHEN/DINNING
UP 12'-0" 11'-4" x MASTER BEDROOM 13'-6" 6'-1" x M. BATH 6'-11" 9'-8" x BATH 2 7'-0" 6'-6" x DEN / WORK 12'-7" 16'-6" x LIVING ROOM 48"x30"
48"x30" LNDY 10'-2" 5'-4" x WIC 14'-7" 10'-10"x BEDROOM 2 11'-0" 16'-6" x KITCHEN/DINNING 17'-2" 14'-2" x LIVING ROOM UP 19'-4" 14'-8" x KITCHEN/DINNING 48"x30" 48"x30" 48"x30" 7'-0" 9'-7" x BATH 2 11'-0" 11'-6" x BEDROOM 2 UP 48"x30" 12'-0" 11'-4" x MASTER BEDROOM 13'-6" 6'-1" x M. BATH 6'-11" 9'-8" x BATH 2 7'-0" 6'-6" x DEN / WORK 12'-7" 16'-6" x LIVING ROOM 48"x30"
48"x30" LNDY 10'-2" 5'-4" x WIC 14'-7" 10'-10"x BEDROOM 2 11'-0" 16'-6" x KITCHEN/DINNING 14'-2" x 17'-2" LIVING ROOM
UP
14'-8" x 19'-4" KITCHEN/DINNING 48"x30" 48"x30" 48"x30" UP 17'-2" 14'-2" x LIVING ROOM UP 19'-4" 14'-8" x KITCHEN/DINNING 48"x30" 48"x30" 48"x30" 12'-0" 11'-4" x MASTER BEDROOM 13'-6" 6'-1" x M. BATH 6'-11" 9'-8" x BATH 2 7'-0" 6'-6" x DEN / WORK 12'-7" 16'-6" x LIVING ROOM 48"x30"
48"x30" LNDY 10'-2" 5'-4" x WIC 14'-7" 10'-10"x BEDROOM 2 11'-0" 16'-6" x KITCHEN/DINNING 17'-2" 14'-2" x LIVING ROOM UP 19'-4" 14'-8" x KITCHEN/DINNING 48"x30" 48"x30" 48"x30" 7'-0" 9'-7" x BATH 2 11'-0" 11'-6" x BEDROOM 2 UP 48"x30" 12'-0" 11'-4" x MASTER BEDROOM 13'-6" 6'-1" x M. BATH 6'-11" 9'-8" x BATH 2 7'-0" 6'-6" x DEN / WORK 12'-7" 16'-6" x LIVING ROOM 48"x30"
48"x30" LNDY 10'-2" 5'-4" x WIC 14'-7" 10'-10"x BEDROOM 2 11'-0" 16'-6" x KITCHEN/DINNING 17'-2" x 14'-2" LIVING ROOM
UP
19'-4" x 14'-8" KITCHEN/DINNING 48"x30" 48"x30" 48"x30" UP 17'-2" 14'-2" x LIVING ROOM UP 19'-4" 14'-8" x KITCHEN/DINNING 48"x30" 48"x30" 48"x30"
12'-0" x 11'-4" MASTER BEDROOM
13'-6" x 6'-1" M. BATH
6'-11" x 9'-8" BATH 2
7'-0" x 6'-6" DEN / WORK
12'-7" x 16'-6" LIVING ROOM 48"x30" 48"x30"
LNDY
10'-2" x 5'-4"WIC
14'-7" x 10'-10" BEDROOM 2
11'-0" x 16'-6" KITCHEN/DINNING
17'-2" x 14'-2" LIVING ROOM
UP
19'-4" x 14'-8" KITCHEN/DINNING 48"x30" 48"x30" 48"x30" 7'-0" x 9'-7" BATH 2 11'-0" x 11'-6" BEDROOM 2 UP 48"x30"
14'-2" x 17'-2" LIVING ROOM
UP
14'-8" x 19'-4" KITCHEN/DINNING 48"x30" 48"x30" 48"x30" 9'-7" x 7'-0" BATH 2 11'-6" x 11'-0" BEDROOM 2 UP 48"x30"
11'-4" x 12'-0" MASTER BEDROOM
6'-1" x 13'-6" M. BATH
9'-8" x 6'-11" BATH 2
6'-6" x 7'-0" DEN / WORK
16'-6" x 12'-7" LIVING ROOM 48"x30" 48"x30"
LNDY
5'-4" x 10'-2" WIC
10'-10" x 14'-7" BEDROOM 2
16'-6" x 11'-0" KITCHEN/DINNING
UP
10'-0" 10'-0" 10'-0" 22'-10" 13'-0" 11'-4" x MASTER BEDROOM 13'-6" 6'-1" x M. BATH 7'-0" 9'-8" x BATH 2 14'-2" 16'-6" x LIVING ROOM 8'-0" 5'-4" x WIC 12'-0" 10'-10"x BEDROOM 2 9'-5" 23'-3" x KITCHEN/DINNING 9'-4" 5'-0" x WIC 6'-0" 13'-6" x DECK 13'-0" 11'-4" x MASTER BEDROOM 13'-6" 6'-1" x M. BATH 7'-0" 9'-8" x BATH 2 14'-2" 16'-6" x LIVING ROOM 8'-0" 5'-4" x WIC 12'-0" 10'-10"x BEDROOM 2 9'-5" 23'-3" x KITCHEN/DINNING 9'-4" 5'-0" x WIC 6'-0" 13'-6" x DECK 13'-0" 11'-4" x MASTER BEDROOM 13'-6" 6'-1" x M. BATH 7'-0" 9'-8" x BATH 2 14'-2" 16'-6" x LIVING ROOM 8'-0" 5'-4" x WIC 12'-0" 10'-10"x BEDROOM 2 9'-5" 23'-3" x KITCHEN/DINNING 9'-4" 5'-0" x WIC 6'-0" 13'-6" x DECK DN VAN EV
10'-0" 10'-0" 10'-0" 22'-10"

EV EV EV EV EV EV EV EV

VAN EV EV EV EV
MT. ST. BLDG A BLDG A
BLDG B BLDG B 13'-0" 11'-4" x MASTER BEDROOM 13'-6" 6'-1" x M. BATH 7'-0" 9'-8" x BATH 2 14'-2" 16'-6" x LIVING ROOM 8'-0" 5'-4" x WIC 12'-0" 10'-10"x BEDROOM 2 9'-5" 23'-3" x KITCHEN/DINNING 9'-4" 5'-0" x WIC 6'-0" 13'-6" x DECK 13'-0" 11'-4" x MASTER BEDROOM 13'-6" 6'-1" x M. BATH 7'-0" 9'-8" x BATH 2 14'-2" 16'-6" x LIVING ROOM 8'-0" 5'-4" x WIC 12'-0" 10'-10"x BEDROOM 2 9'-5" 23'-3" x KITCHEN/DINNING 9'-4" 5'-0" x WIC 6'-0" 13'-6" x DECK 13'-0" 11'-4" x MASTER BEDROOM 13'-6" 6'-1" x M. BATH 7'-0" 9'-8" x BATH 2 14'-2" 16'-6" x LIVING ROOM 8'-0" 5'-4" x WIC 12'-0" 10'-10"x BEDROOM 2 9'-5" 23'-3" x KITCHEN/DINNING 9'-4" 5'-0" x WIC 6'-0" 13'-6" x DECK DN 78 24'-0" 23'-9"
DN PRIVATE STREET 1PRIVATE STREET 2 PRIVATE STREET 3
PRIVATE STREET 4
PRIVATE ALLEY 1 PRIVATE ALLEY 2 PRIVATE ALLEY 3 PRIVATE ALLEY 5 PRIVATE ALLEY 6 PRIVATE ALLEY 4
PRIVATE ALLEY 7 PRIVATE ALLEY 8
PRIVATE ALLEY 9

ACCESS POINT MAIN ACCESS POINT ACCESS POINT

WHISPERING FALLS

PLANNED DEVELOPMENT AND

TENTATIVE TRACT MAP IN CITY
OF KERMAN/FRESNO COUNTYSM325.21 12.12.2022
LEGEND

SINGLE FAMILY HOMES

OPEN SPACE

MULTI FAMILY HOMES

GARAGE FOR MULTI FAMILY HOMES

GARAGE/STORAGE AREA FOR HOA
Site (+/-) : 20 AC
Total Units: 174
Density: 8.7 du/ac

RESIDENTIAL DEVELOPMENT BREAKDOWN
Total Residential Units: 174

SINGLE FAMILY UNITS
Alley Loaded Single Family Homes: 64
Single Family Cluster Homes: 46
Wide Shallow Single Family Homes: 8
Sub Total: 118

MULTI-FAMILY UNITS
One Bedroom Units: 0
Two Bedroom Units: 56
Sub Total: 56

DEVELOPMENT SUMMARY

PARKING DISTRIBUTION
Total Parking: 430 @ 2.5 spaces per unit

SINGLE FAMILY UNITS
Alley Loaded/Cluster/Wide Shallow: 236 @ 2 enclosed sp. /unit

MULTI-FAMILY UNITS
Two Bedroom Units: 56 @ 1 enclosed sp. /unit
Unassigned/ On-street Spaces: 138
6' WOOD FENCE
C3.1

PHASE I SITE PLAN

W CALIFORNIA AVENUE S MODOC AVE S MODOC AVE

S MODOC AVE WEST ASHLI AVE S SISKIYOU AVE S SISKIYOU AVE

SITE LOCATION

VICINITY MAP
N.T.S.

PHASE I

PHASE II

PHASE III

W CALIFORNIA AVE
PROPOSED SIGN (SEE SHEET A.90)
PROPOSED LIGHT (SEE SHEET EP1.0)

PROPOSED HYDRANT

DIRECTION OF DRAINAGE
(PUBLIC)
70 Section 6, Item A.
12345678 911 12131415 17 16 18 19 20 212224 27 26 28 29 25 3133 34 35 37 38 39 404142 44 43 4546 4748495051 5253 5455565758 60 59 6162 636465 66676869 7071 73 72 7475 7677 7879 80 81 82 83 84 85 86 88 87 89 90 91 93 92 94 959697 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 D D D D D D 10 23 3032 36 119 210 210 211 211 210 210 210 212 100' PRIVATE STREET 1 COMMON AREA 1
COMMON
AREA 2 COMMON AREA 3 COMMON AREA 4
COMMON
AREA 5 COMMON AREA 6 33' 33' 28' 28' 28' 28'
28' 28'
28' 28' 28' 28' 28' 28'
20' 20'
20' 20'
12' 12' 10'10' 10'10'
PRIVATE STREET 2
PRIVATE STREET 3 PRIVATE STREET 4 PRIVATE ALLEY 1
PRIVATE ALLEY 2
PRIVATE ALLEY 3
PRIVATE ALLEY 5
PRIVATE ALLEY 6 PRIVATE ALLEY 4 PRIVATE ALLEY 7 PRIVATE ALLEY 8 PRIVATE ALLEY 9 NORTH 30' OF W CALIFORNIA AVE R.O.W. VACATED PER DOC. 2006-0144355 F.C.R. SOUTH PORTION OF W CALIFORNIA AVE VACATED PER SEPARATE DOCUMENT NORTH 25' OF RAILROAD R.O.W. QUITCLAIMED PER DOC. 2004-0265622 EAST 30' OF S MODOC AVE R.O.W. TO BE VACATED 50' PLANNED UNIT DEVELOPMENT FOR WHISPERING FALLS & TENTATIVE TRACT MAP TRACT NO. 6430 IN THE CITY OF KERMAN, COUNTY OF FRESNO, STATE OF CALIFORNIA TRUE NORTH 0 25 50 100 150 200 SCALE: 1"=50'-0" WHISPERING FALLS PLANNED DEVELOPMENT AND TENTATIVE TRACT MAP IN CITY OF KERMAN/FRESNO COUNTYSM325.21 12.12.2022 C4.0 TENTATIVE MAP LARS ANDERSEN & ASSOCIATES, INC. CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS PARCEL 1: LOT 17 IN SECTION 11, TOWNSHIP 14 SOUTH, RANGE 17 EAST, MOUNT DIABLO BASE AND MERIDIAN OF FRESNO IRRIGATED FARMS CO TRACT, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 8, PAGE 1 OF RECORDS OF SURVEYS, FRESNO COUNTY RECORDS. EXCEPTING THEREFROM ALL OIL, GAS, OTHER HYDROCARBON SUBSTANCES AND MINERALS OF ANY KIND OR CHARACTER. IN, ON, OR THEREUNDER. AS RESERVED IN DEEDS OF RECORD. PARCEL 2: LOT 18 IN SECTION 11. TOWNSHIP 14 SOUTH, RANGE 17 EAST. MOUNT DIABLO BASE AND MERIDIAN, OF FRESNO IRRIGATED FARMS CO. TRACT, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 8, PAGE 1 OF RECORD OF SURVEYS. FRESNO COUNTY RECORDS. EXCEPTING THEREFROM THE SOUTH 75 FEET OF THE WEST 100 FEET THEREOF. EXCEPTING THEREFROM ALL OIL, GAS, OTHER HYDROCARBON SUBSTANCES AND MINERALS OF ANY KIND OR CHARACTER, IN, ON, OR THEREUNDER, AS RESERVED IN DEEDS OF RECORD. PARCEL 3: THE SOUTH 76 FEET OF THE WEST 100 FEET OF LOT 16 IN SECTION 11, TOWNSHIP 14 SOUTH, RANGE 17 EAST, MOUNT DIABLO BASE AND MERIDIAN, OF FRESNO IRRIGATED FARMS CO. TRACT. ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 8, PAGE 1 OF RECORD OF SURVEYS. EXCEPTING THEREFROM ALL OIL, GAS, OTHER HYDROCARBON SUBSTANCES AND MINERALS OF ANY KIND OR CHARACTER. IN, ON, OR THEREUNDER, AS RESERVED IN DEEDS OF RECORD. LEGAL DESCRIPTION RAILROAD ZONING/ LAND USE APN: 020-160-36S EXISTING ZONING: AE20 PROPOSED ZONING: PUD PROPOSED LAND USE: RESIDENTIAL / MULTI-FAMILY EXISTING LAND USE: VACANT SURROUNDING ZONING: AE20 SURROUNDING LAND USE: VACANT/ RESIDENTIAL OWNER/ SUBDIVIDER BOYD COMPANIES 275 S. MADERA AVE., #100 KERMAN, CA 93630 1. THE SOURCE OF WATER SUPPLY SHALL BE THE CITY OF KERMAN. NOTES HATCHING LEGEND COMMON AREA PROPOSED CROSS ACCESS RIGHT-OF-WAY DEDICATED FOR STREET PURPOSES PER THIS MAP W CALIFORNIA AVE (PUBLIC) 71 Section 6, Item A.

UP
UP
UP UP 10'-0" 10'-0" 10'-0" 22'-10"
DN 10'-0" 10'-0" 10'-0" 22'-10"
DN 24'-0"
23'-9" DN 210 210 211 211 210 210 210 212 TRUE NORTH 0 25 50 100 150 200 SCALE: 1"=50'-0" WHISPERING FALLS PLANNED DEVELOPMENT AND TENTATIVE TRACT MAP IN CITY OF KERMAN/FRESNO COUNTYSM325.21 12.12.2022 C5.0 PRELIMINARY GRADING PLAN GRADING LEGEND DIRECTION OF DRAINAGE 72 Section 6, Item A.

UP
UP
UP UP 10'-0" 10'-0" 10'-0" 22'-10"
DN 10'-0" 10'-0" 10'-0" 22'-10"
DN 24'-0"
23'-9" DN TRUE NORTH 0 25 50 100 150 200 SCALE: 1"=50'-0" PROPOSED SANITARY SEWER SERVICE PROPOSED DOMESTIC WATER SERVICE LINETYPE LEGEND WHISPERING FALLS PLANNED DEVELOPMENT AND TENTATIVE TRACT MAP IN CITY OF KERMAN/FRESNO COUNTYSM325.21 12.12.2022 C6.0 PRELIMINARY UTILITY PLAN PROPOSED FIRE HYDRANT 73 Section 6, Item A.
“Provide a safe and reliable transportation network that serves all people and respects the environment” DISTRICT 6 OFFICE
1352 WEST OLIVE AVENUE |P.O. BOX 12616 |FRESNO, CA 93778-2616 (559) 981-7373 | FAX (559) 488-4195 | TTY 711
www.dot.ca.gov
April 4, 2023
06-FRE-99-14.722

WHISPERING FALLS PROJECT-TRACK DEVELOPMENT
TTM #2023-01
GTS: https://ld-igr-gts.dot.ca.gov/district/6/report/29166 Sent via email
Jesus Orozco
Community Development Director
City of Kerman
850 S. Madera Avenue
Kerman, CA 93630
Dear Mr. Jesus Orozco:

Thank you for the opportunity to review the Tentative Tract Map for the proposed Whispering Falls Project. The proposed project is proposing a three-phase development. Currently, approximately 5 acres are designated as High Density Residential (HDR) and approximately 15 acres for Medium Density Residential (MDR).

The proposed site is located at 870 S. Modoc Ave in the City of Kerman, approximately

1.0 miles south of State Route (SR) 180 in Fresno County.

The mission of Caltrans is to provide a safe, sustainable, integrated, and efficient transportation system to enhance California’s economy and livability. The Local Development Review (LDR) Program reviews land use projects and plans through the lenses of our mission and state planning priorities of infill, conservation, and travel‐ efficient development. To ensure a safe and efficient transportation system, we encourage early consultation and coordination with local jurisdictions and project proponents on all development projects that utilize the multimodal transportation network.

Caltrans provides the following comments consistent with the State’s smart mobility goals that support a vibrant economy and sustainable communities:
74 Section 6, Item A.

Mr. Jesus Orozco
April 4, 2023

Page 2 ends

“Provide a safe and reliable transportation network that serves all people and respects the environment”

1. Caltrans recommends that a Transportation Impact Study (TIS) be completed for the proposed development. Caltrans has been entrusted to protect the State Highway system to ensure the safe and efficient movement of people and goods throughout the State. Our recommendation for a TIS is based on our need to fully assess this project’s impacts, and to recommend mitigation for all project-related impacts to the State Highway System.

The study should also provide recommendations for any necessary traffic mitigations, such as additional traffic signals, roundabouts, or lane widening. This study will help us ensure that the development does not create any undue traffic congestion or safety concerns in the area.

The TIS should follow the current Caltrans Traffic Impact Study Guide. The analysis should refer to Caltrans’ Traffic Operations Policy Directive 20-04, dated December 4, 2020. A Vehicle Miles Traveled (VMT) analysis should also be prepared for the proposed development.

2. Given that the future development may attract regional traffic from employees and trucks, Caltrans recommends that the project proponents(s) conduct a vehicle-miles traveled (VMT) study once development is proposed. In the absence of a local agency VMT guideline, the preparer should refer to the Caltrans Vehicle Miles Traveled-Focused Transportation Impact Study Guide, dated May 20, 2020.

Improvements for existing/future bike and pedestrian facilities on roads in the vicinity of the Project and connectivity between home to work/home to shops should be considered and included in the VMT mitigation plan.

3. Caltrans recommends that the Project implement on-site freight parking areas and/or spaces within the Project boundaries that truck drivers can utilize for extending parking periods before loading or after unloading to alleviate freight parking shortages and maintain the Federal Hours of Service regulations.

If you have any further questions, please contact Nicholas Isla at (559) 981-7373 or email [email protected].

Sincerely,
DAVID PADILLA, Branch Chief
Transportation Planning – North
75 Section 6, Item A.

DEPARTMENT OF PUBLIC WORKS AND PLANNING
STEVEN E. WHITE, DIRECTOR
April 3, 2023
Jesus Orozco
Community Development Director
City of Kerman
(559) 846-9386
[email protected]
SUBJECT: REQUEST FOR REVIEW AND COMMENTS – City of Kerman, Whispering Falls Development
Dear Jesus,
The County of Fresno appreciates the opportunity to review and comment on the subject project being reviewed by the City of Kerman. The documents received for this review were circulated to our various divisions of the Fresno County Public Works and Planning Department. Based on an initial review, we offer the following comments:

Administration offers the following comments:

Development of the proposal would require annexing the subject area into the City of Kerman. Such annexation proposal should include the entire widths of road rights-of-way.

Transportation Planning offers the following comments:

This project is likely to impact county facilities and should require a TIS, please include the county in all future routings best point of contact is [email protected]. Using ITE trip Generation Manual (11th Edition) trips are calculated to be over the county's threshold.

The entire right-of-way for that segment of W. Kearney Blvd. from the existing City of Kerman city limit to S. Modoc Ave should be annexed to the City of Kerman.

The entire right-of-way for that segment of W. California Ave. from the existing City of Kerman city limit to S. Modoc Ave should be annexed to the City of Kerman.

The entire right-of-way for that segment of S. Modoc Ave. from W. Kearney Blvd. to W. California Ave. should be annexed to the City of Kerman. 76 Section 6, Item A.

DEVELOPMENT SERVICES AND CAPITAL PROJECTS DIVISION
2220 Tulare Street, Sixth Floor / Fresno, California 93721 / Phone (559) 600-4497 / 600-4022 / 600-4540 / FAX 600-4200 The County of Fresno is an Equal Employment Opportunity Employer The intersection of W. Kearney Ave. and S. Modoc Ave. should be annexed to the City of Kerman.

The intersection of W. California Ave. and S. Modoc Ave. should be annexed to the City of Kerman.

If you have any further questions regarding this matter, please contact Hector Luna at [email protected].

Public Health, Environmental Health Division offers the following comments:

Construction permits for the proposed development should be subject to assurance that the City of Kerman 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.

Construction permits for the proposed 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.

Facilities that use and/or store hazardous materials and/or hazardous wastes shall meet the requirements set forth in the California Health and Safety Code (HSC), Division 20, Chapter 6.95, and the California Code of Regulations (CCR), Title 22, Division 4.5. Your proposed business will handle hazardous materials and/or hazardous waste and will be required to submit a Hazardous Materials Business Plan pursuant to the HSC, Division 20, Chapter 6.95 (http://cers.calepa.ca.gov/). Contact the Fresno County Hazmat Compliance Program at (559) 600-3271 for more information.

Future construction and projects have the potential to expose nearby residents to elevated noise levels. Consideration should be given to the City of Kerman Municipal Code and the Fresno County Noise Ordinance 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 77 Section 6, Item A.

DEVELOPMENT SERVICES AND CAPITAL PROJECTS DIVISION
2220 Tulare Street, Sixth Floor / Fresno, California 93721 / Phone (559) 600-4497 / 600-4022 / 600-4540 / FAX 600-4200 The County of Fresno is an Equal Employment Opportunity Employer Health Division. Contact the Fresno County Hazmat Compliance Program at (559) 600-3271 for more information.

If you have any further questions regarding this matter, please contact Kevin Tsuda at [email protected].

Policy Planning offers the following comments:

The City of Kerman is anticipating amending its Sphere of Influence (SOI) and annexing an 80-acre territory to the incorporated city boundary. The 80-acre territory consist of four parcels each of which is approximately 20 acres. Below are the APNs of the subject parcels and the status of the Williamson Act contract for each parcel.
• APN 020-160-36s - Not under contract.
• APN 020-160-18s - Under Contract No. 4388.
• APN 020-160-19s - Under Contract No. 4388.
• APN 020-160-02s - Under Contract No. 3926.

As noted above, except APN 020-150-36s, the rest of the subject parcels are under Williamson Act contract. Annexation of land subject to a Williamson Act contract is addressed under Article 3. Contracts (51240-51257.5) of the Government Code which must be addressed by the City of Kerman and the Fresno County LAFCo at the time the SOI amendment and annexation of territory is being considered by LAFCo.

If you have any further questions regarding this matter, please contact Jordan Walton at [email protected].

If you have any questions regarding the information described in this letter, please contact me at [email protected] or (559) 600-4305.

Sincerely,
Raymond Martin, Staff Analyst
Development Services and Capital Projects Division
G:\4360Devs&Pln\PROJSEC\PROJDOCS\Environmental\OAR\City of Kerman\Whispering Falls Development\City of Kerman Whispering Falls OAR Response Letter.docx
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“Mission: To integrate with our community by exceeding traditional service expectations”

NORTH CENTRAL FIRE PROTECTION DISTRICT
Board of Directors: Ken Abrahamian • Michael Foglio
Michael Golden • Rusty Nonini • Amanda Souza
Fire Chief: Timothy V. Henry, CFO, EFO
Fire Headquarters
15850 W. Kearney Boulevard
Kerman, California 93630-9335
(559) 878-4560 • FAX (559) 846-3788
www.northcentralfire.org
March 28, 2023
Jesus OROZCO, Building & Planning Dept.

City of Kerman
Planning & Development Department
850 S. Madera Ave
Kerman, CA. 93630-1799
Transmitted by Email to:[email protected]
RE:

Reference # TSM 2023-01
Applicant Name City of Kerman
Project Address 870 S Modoc Ave
Project City & Zip KERMAN, 93630
Project APN: 020-160-36S
North Central Fire Protection District (NCFPD) has received notice of the project and will continue to review the project for its potential impacts on the NCFPD.

Application Types
Site Plan Review (SPR) Initial Study Application (ISA)
Director Review Application (DRA) Variance Application (VA) Conditional Use Permit (CUP) General Plan Application (GPA) Tentative Parcel Map (TPM, TPMW) Tentative Tract Map (TTM) Pre-Application for Certificate of Compliance (PCOC)
All application types stated above SHALL comply with California Code of Regulations Title 24 – Fire Code and California Code of Regulations Title 19 – Public Safety. Prior to receiving your NCFPD conditions of approval for your project, you must submit construction plans to the City of Kerman Planning & Development for review. It is the Applicants Responsibility to deliver a minimum of one set of digital plans to the NCFPD. 112
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“Mission: To integrate with our community by exceeding traditional service expectations” TSM 2023-01

Page 2 of 2 ends

Before plans are submitted to the North Central Fire Protection District please visit our website at www.NorthCentralFire.org and fill out the Fire District Permit Application (DFP-001f) to submit with your plans.

Please Note – requirements for your project may include but are not limited to:
☒ Water Flow Requirements ☒ Fire Hydrants
☐ Water Storage Requirements ☒ Fire Sprinklers Systems
☐ Fire Pumps ☐ Fire Alarm Systems
☒ Road Access (includes Compaction Report) ☒ Premises Identification ☐ Hood Suppression System ☒ NCFPD Ordinance 2022-01
Please contact the NCFPD at [email protected] to schedule an over the counter meeting to receive your specific requirements for your project. Failure to schedule an appointment with the NCFPD will affect your ability to obtain final approval for your project.

Sincerely,
TIMOTHY V. HENRY, CFO, EFO
Fire Chief
By

GEORGE D MAVRIKIS, FIRE MARSHAL
Fire Prevention Division
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1 Jenna Chilingerian
From: Jesus Orozco <[email protected]>
Sent: Tuesday, April 18, 2023 11:54 AM
To: Jenna Chilingerian
Cc: Bonique Emerson
Subject: [EXTERNAL] FW: City of Kerman Project Distribution Whispering Falls ANX 2023-01 & TSM 2023-01 Hi Jenna,
Just talked to Solid Waste (Mid Valley).

They will require three bins for the SFR. They are requesting from the applicant, clarification on 1) the storage of those bins 2) confirm if they will be proposed to be serviced from the alley, if so, alley access will need to meet Fire’s turn radius requirements.

The Multi Fam component will need to include a trash enclosure that accommodates bins as indicated in the link below.

SFR‐ service trucks do a side load pick up.

Multi‐Fam/Commercial‐ service trucks do a front load pick up.

Jesus R. Orozco | Community Development Director
City of Kerman | Community Development Department
p. (559) 846.9386 | f. (559) 846.6199
850 S. Madera Ave. Kerman, CA 93630
[email protected]
cityofkerman.net
From: Jay Fowler [mailto:[email protected]] Sent: Tuesday, April 18, 2023 11:45 AM
To: Jesus Orozco <[email protected]>
Subject: RE: City of Kerman Project Distribution Whispering Falls ANX 2023‐01 & TSM 2023‐01 Here are the bins sizes
https://www.midvalleydisposal.com/bin‐
services/#:~:text=Our%20containers%20range%20in%20size,6%2Dyard%20front%20load%20containers.

From: Jesus Orozco <[email protected]>
Sent: Thursday, March 30, 2023 10:16 AM
To: Jay Fowler <[email protected]>
Subject: RE: City of Kerman Project Distribution Whispering Falls ANX 2023‐01 & TSM 2023‐01 Hello Jay,
I am following up on this project. If you are not the correct contact, please point me in the right direction.

The project is proposed as a gated community that entails alley‐loaded access and there is some concern regarding service vehicle accessibility in the alley. Are there any specifications the Mid Valley has for these types of projects? Please advise.
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2 Respectfully,
Jesus R. Orozco | Community Development Director
City of Kerman | Community Development Department
p. (559) 846.9386 | f. (559) 846.6199
850 S. Madera Ave. Kerman, CA 93630
[email protected]
cityofkerman.net
From: Jesus Orozco
Sent: Monday, March 13, 2023 12:11 PM
Subject: City of Kerman Project Distribution Whispering Falls ANX 2023‐01 & TSM 2023‐01 Dear Stakeholder,
Please find attached a summary of a Development Application for a project referred to as Whispering Falls and associated exhibits proposed within City of Kerman Sphere of Influence boundaries.

Please provide comments or questions on or before April 13, 2023.

An Initial Study compliant with CEQA guidelines will be distributed for public review and comments separately.

Stakeholders List
 City of Kerman (internal depts.)
 North Central Fire Prevention District
 Kerman Unified School District
 Mid Valley Disposal
 Fresno Irrigation District
 Sebastian Corp
 Caltrans District 6
 SJVAPCD
 PG&E
Respectfully,
Jesus R. Orozco | Community Development Director
City of Kerman | Community Development Department
p. (559) 846.9386 | f. (559) 846.6199
850 S. Madera Ave. Kerman, CA 93630
[email protected]
cityofkerman.net

This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spam.
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Plan Review Team
Land Management
[email protected]
PG&E Gas and Electric Facilities Page 1
Public
March 14, 2023
Jesus Orozco
City of Kerman
850 S Madera Ave
Kerman, CA 93630
Ref: Gas and Electric Transmission and Distribution
Dear Jesus Orozco,
Thank you for submitting the ANX 2023-01 and TSM 2023-01 plans for our review. PG&E will review the submitted plans in relationship to any existing Gas and Electric facilities within the project area. If the proposed project is adjacent/or within PG&E owned property and/or easements, we will be working with you to ensure compatible uses and activities near our facilities.

Attached you will find information and requirements as it relates to Gas facilities (Attachment 1) and Electric facilities (Attachment 2). Please review these in detail, as it is critical to ensure your safety and to protect PG&E’s facilities and its existing rights.

Below is additional information for your review:

1. This plan review process does not replace the application process for PG&E gas or electric service your project may require. For these requests, please continue to work with PG&E Service Planning: https://www.pge.com/en_US/business/services/buildingand-renovation/overview/overview.page.

2. If the project being submitted is part of a larger project, please include the entire scope of your project, and not just a portion of it. PG&E’s facilities are to be incorporated within any CEQA document. PG&E needs to verify that the CEQA document will identify any required future PG&E services.

3. An engineering deposit may be required to review plans for a project depending on the size, scope, and location of the project and as it relates to any rearrangement or new installation of PG&E facilities.

Any proposed uses within the PG&E fee strip and/or easement, may include a California Public Utility Commission (CPUC) Section 851 filing. This requires the CPUC to render approval for a conveyance of rights for specific uses on PG&E’s fee strip or easement. PG&E will advise if the necessity to incorporate a CPUC Section 851filing is required.

This letter does not constitute PG&E’s consent to use any portion of its easement for any purpose not previously conveyed. PG&E will provide a project specific response as required.

Sincerely,
Plan Review Team
Land Management
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Attachment 1 – Gas Facilities
There could be gas transmission pipelines in this area which would be considered critical facilities for PG&E and a high priority subsurface installation under California law. Care must be taken to ensure safety and accessibility. So, please ensure that if PG&E approves work near gas transmission pipelines it is done in adherence with the below stipulations. Additionally, the following link provides additional information regarding legal requirements under California excavation laws: https://www.usanorth811.org/images/pdfs/CA-LAW-2018.pdf

1. Standby Inspection: A PG&E Gas Transmission Standby Inspector must be present during any demolition or construction activity that comes within 10 feet of the gas pipeline. This includes all grading, trenching, substructure depth verifications (potholes), asphalt or concrete demolition/removal, removal of trees, signs, light poles, etc. This inspection can be coordinated through the Underground Service Alert (USA) service at 811. A minimum notice of 48 hours is required. Ensure the USA markings and notifications are maintained throughout the duration of your work.

2. Access: At any time, PG&E may need to access, excavate, and perform work on the gas pipeline. Any construction equipment, materials, or spoils may need to be removed upon notice.

Any temporary construction fencing installed within PG&E’s easement would also need to be capable of being removed at any time upon notice. Any plans to cut temporary slopes exceeding a 1:4 grade within 10 feet of a gas transmission pipeline need to be approved by PG&E Pipeline Services in writing PRIOR to performing the work.

3. Wheel Loads: To prevent damage to the buried gas pipeline, there are weight limits that must be enforced whenever any equipment gets within 10 feet of traversing the pipe.

Ensure a list of the axle weights of all equipment being used is available for PG&E’s Standby Inspector. To confirm the depth of cover, the pipeline may need to be potholed by hand in a few areas.

Due to the complex variability of tracked equipment, vibratory compaction equipment, and cranes, PG&E must evaluate those items on a case-by-case basis prior to use over the gas pipeline (provide a list of any proposed equipment of this type noting model numbers and specific attachments).

No equipment may be set up over the gas pipeline while operating. Ensure crane outriggers are at least 10 feet from the centerline of the gas pipeline. Transport trucks must not be parked over the gas pipeline while being loaded or unloaded.

4. Grading: PG&E requires a minimum of 36 inches of cover over gas pipelines (or existing grade if less) and a maximum of 7 feet of cover at all locations. The graded surface cannot exceed a cross slope of 1:4.

5. Excavating: Any digging within 2 feet of a gas pipeline must be dug by hand. Note that while the minimum clearance is only 24 inches, any excavation work within 24 inches of the edge of a pipeline must be done with hand tools. So to avoid having to dig a trench entirely with hand tools, the edge of the trench must be over 24 inches away. (Doing the math for a 24 inch 117
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wide trench being dug along a 36 inch pipeline, the centerline of the trench would need to be at least 54 inches [24/2 + 24 + 36/2 = 54] away, or be entirely dug by hand.) Water jetting to assist vacuum excavating must be limited to 1000 psig and directed at a 40° angle to the pipe. All pile driving must be kept a minimum of 3 feet away.

Any plans to expose and support a PG&E gas transmission pipeline across an open excavation need to be approved by PG&E Pipeline Services in writing PRIOR to performing the work.

6. Boring/Trenchless Installations: PG&E Pipeline Services must review and approve all plans to bore across or parallel to (within 10 feet) a gas transmission pipeline. There are stringent criteria to pothole the gas transmission facility at regular intervals for all parallel bore installations.

For bore paths that cross gas transmission pipelines perpendicularly, the pipeline must be potholed a minimum of 2 feet in the horizontal direction of the bore path and a minimum of 24 inches in the vertical direction from the bottom of the pipe with minimum clearances measured from the edge of the pipe in both directions. Standby personnel must watch the locator trace (and every ream pass) the path of the bore as it approaches the pipeline and visually monitor the pothole (with the exposed transmission pipe) as the bore traverses the pipeline to ensure adequate clearance with the pipeline. The pothole width must account for the inaccuracy of the locating equipment.

7. Substructures: All utility crossings of a gas pipeline should be made as close to perpendicular as feasible (90° +/- 15°). All utility lines crossing the gas pipeline must have a minimum of 24 inches of separation from the gas pipeline. Parallel utilities, pole bases, water line ‘kicker blocks’, storm drain inlets, water meters, valves, back pressure devices or other utility substructures are not allowed in the PG&E gas pipeline easement.

If previously retired PG&E facilities are in conflict with proposed substructures, PG&E must verify they are safe prior to removal. This includes verification testing of the contents of the facilities, as well as environmental testing of the coating and internal surfaces. Timelines for PG&E completion of this verification will vary depending on the type and location of facilities in conflict.

8. Structures: No structures are to be built within the PG&E gas pipeline easement. This includes buildings, retaining walls, fences, decks, patios, carports, septic tanks, storage sheds, tanks, loading ramps, or any structure that could limit PG&E’s ability to access its facilities.

9. Fencing: Permanent fencing is not allowed within PG&E easements except for perpendicular crossings which must include a 16 foot wide gate for vehicular access. Gates will be secured with PG&E corporation locks.

10. Landscaping: Landscaping must be designed to allow PG&E to access the pipeline for maintenance and not interfere with pipeline coatings or other cathodic protection systems. No trees, shrubs, brush, vines, and other vegetation may be planted within the easement area.

Only those plants, ground covers, grasses, flowers, and low-growing plants that grow unsupported to a maximum of four feet (4’) in height at maturity may be planted within the easement area.
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11. Cathodic Protection: PG&E pipelines are protected from corrosion with an “Impressed Current” cathodic protection system. Any proposed facilities, such as metal conduit, pipes, service lines, ground rods, anodes, wires, etc. that might affect the pipeline cathodic protection system must be reviewed and approved by PG&E Corrosion Engineering.

12. Pipeline Marker Signs: PG&E needs to maintain pipeline marker signs for gas transmission pipelines in order to ensure public awareness of the presence of the pipelines.

With prior written approval from PG&E Pipeline Services, an existing PG&E pipeline marker sign that is in direct conflict with proposed developments may be temporarily relocated to accommodate construction work. The pipeline marker must be moved back once construction is complete.

13. PG&E is also the provider of distribution facilities throughout many of the areas within the state of California. Therefore, any plans that impact PG&E’s facilities must be reviewed and approved by PG&E to ensure that no impact occurs which may endanger the safe operation of its facilities.
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Attachment 2 – Electric Facilities
It is PG&E’s policy to permit certain uses on a case by case basis within its electric transmission fee strip(s) and/or easement(s) provided such uses and manner in which they are exercised, will not interfere with PG&E’s rights or endanger its facilities. Some examples/restrictions are as follows:

1. Buildings and Other Structures: No buildings or other structures including the foot print and eave of any buildings, swimming pools, wells or similar structures will be permitted within fee strip(s) and/or easement(s) areas. PG&E’s transmission easement shall be designated on subdivision/parcel maps as “RESTRICTED USE AREA – NO BUILDING.”

2. Grading: Cuts, trenches or excavations may not be made within 25 feet of our towers.

Developers must submit grading plans and site development plans (including geotechnical reports if applicable), signed and dated, for PG&E’s review. PG&E engineers must review grade changes in the vicinity of our towers. No fills will be allowed which would impair ground-toconductor clearances. Towers shall not be left on mounds without adequate road access to base of tower or structure.

3. Fences: Walls, fences, and other structures must be installed at locations that do not affect the safe operation of PG&’s facilities. Heavy equipment access to our facilities must be maintained at all times. Metal fences are to be grounded to PG&E specifications. No wall, fence or other like structure is to be installed within 10 feet of tower footings and unrestricted access must be maintained from a tower structure to the nearest street. Walls, fences and other structures proposed along or within the fee strip(s) and/or easement(s) will require PG&E review; submit plans to PG&E Centralized Review Team for review and comment.

4. Landscaping: Vegetation may be allowed; subject to review of plans. On overhead electric transmission fee strip(s) and/or easement(s), trees and shrubs are limited to those varieties that do not exceed 10 feet in height at maturity. PG&E must have access to its facilities at all times, including access by heavy equipment. No planting is to occur within the footprint of the tower legs. Greenbelts are encouraged.

5. Reservoirs, Sumps, Drainage Basins, and Ponds: Prohibited within PG&E’s fee strip(s) and/or easement(s) for electric transmission lines.

6. Automobile Parking: Short term parking of movable passenger vehicles and light trucks (pickups, vans, etc.) is allowed. The lighting within these parking areas will need to be reviewed by PG&E; approval will be on a case by case basis. Heavy equipment access to PG&E facilities is to be maintained at all times. Parking is to clear PG&E structures by at least 10 feet.

Protection of PG&E facilities from vehicular traffic is to be provided at developer’s expense AND to PG&E specifications. Blocked-up vehicles are not allowed. Carports, canopies, or awnings are not allowed.

7. Storage of Flammable, Explosive or Corrosive Materials: There shall be no storage of fuel or combustibles and no fueling of vehicles within PG&E’s easement. No trash bins or incinerators are allowed.
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8. Streets and Roads: Access to facilities must be maintained at all times. Street lights may be allowed in the fee strip(s) and/or easement(s) but in all cases must be reviewed by PG&E for proper clearance. Roads and utilities should cross the transmission easement as nearly at right angles as possible. Road intersections will not be allowed within the transmission easement.

9. Pipelines: Pipelines may be allowed provided crossings are held to a minimum and to be as nearly perpendicular as possible. Pipelines within 25 feet of PG&E structures require review by PG&E. Sprinklers systems may be allowed; subject to review. Leach fields and septic tanks are not allowed. Construction plans must be submitted to PG&E for review and approval prior to the commencement of any construction.

10. Signs: Signs are not allowed except in rare cases subject to individual review by PG&E.

11. Recreation Areas: Playgrounds, parks, tennis courts, basketball courts, barbecue and light trucks (pickups, vans, etc.) may be allowed; subject to review of plans. Heavy equipment access to PG&E facilities is to be maintained at all times. Parking is to clear PG&E structures by at least 10 feet. Protection of PG&E facilities from vehicular traffic is to be provided at developer’s expense AND to PG&E specifications.

12. Construction Activity: Since construction activity will take place near PG&E’s overhead electric lines, please be advised it is the contractor’s responsibility to be aware of, and observe the minimum clearances for both workers and equipment operating near high voltage electric lines set out in the High-Voltage Electrical Safety Orders of the California Division of Industrial Safety (https://www.dir.ca.gov/Title8/sb5g2.html), as well as any other safety regulations.

Contractors shall comply with California Public Utilities Commission General Order 95 (http://www.cpuc.ca.gov/gos/GO95/go_95_startup_page.html) and all other safety rules. No construction may occur within 25 feet of PG&E’s towers. All excavation activities may only commence after 811 protocols has been followed.

Contractor shall ensure the protection of PG&E’s towers and poles from vehicular damage by (installing protective barriers) Plans for protection barriers must be approved by PG&E prior to construction.

13. PG&E is also the owner of distribution facilities throughout many of the areas within the state of California. Therefore, any plans that impact PG&E’s facilities must be reviewed and approved by PG&E to ensure that no impact occurs that may endanger the safe and reliable operation of its facilities.
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Land Management
[email protected]
Public
May 5, 2023
Jesus Orozco
City of Kerman
850 S Madera Ave
Kerman, CA 93630
Re: ANX 2023-01 & TSM 2023-01
Whispering Falls
Dear Jesus Orozco,
Thank you for providing PG&E the opportunity to review the proposed plans for Whispering Falls dated 3/13/2023. Our review indicates the proposed improvements do not appear to directly interfere with existing PG&E facilities or impact our easement rights.

Please note this is our preliminary review and PG&E reserves the right for additional future review as needed. This letter shall not in any way alter, modify, or terminate any provision of any existing easement rights. If there are subsequent modifications made to the design, we ask that you resubmit the plans to the email address listed below.

If the project requires PG&E gas or electrical service in the future, please continue to work with PG&E’s Service Planning department: https://www.pge.com/cco/.

As a reminder, before any digging or excavation occurs, please contact Underground Service Alert (USA) by dialing 811 a minimum of 2 working days prior to commencing any work. This free and independent service will ensure that all existing underground utilities are identified and marked on-site.

If you have any questions regarding our response, please contact the PG&E Plan Review Team at [email protected].

Sincerely,
PG&E Plan Review Team
Land Management
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April 18, 2023
Jesus Orozco
City of Kerman
Planning Division
850 S. Madera Avenue
Kerman, CA 93630
Project: Annexation 2023-01, Whispering Falls Development District CEQA Reference No: 20230278
Dear Mr. Orozco:

The San Joaquin Valley Air Pollution Control District (District) has reviewed the project documentation from the City of Kerman (City) for the Whispering Falls Development identified as Phase 1. Per the documentation, the project proponent is proposing a three-phase development on approximately 80 acres of land. Phase 1 is to allow for the construction of approximately 118 single family residential units and 56 multi-family residential units (Project). Phases 2 and 3 have not been determined at this time. The Project will also include an annexation and pre-zone of the80 acres of land.. The Project is located on 20 acres of the 80 acres land at 870 S. Modoc Avenue in Kerman, CA.

The District offers the following comments regarding the Project:

Project Related Emissions
The District’s initial review of the Project (i.e., Phase 1) concludes that emissions resulting from construction and/or operation of the Project are not expected to exceed any of the following significance thresholds as identified in the District’s Guidance for Assessing and Mitigating Air Quality Impacts:
https://www.valleyair.org/transportation/GAMAQI.pdf.

While Phase 1 may individually be under the District’s Small Project Analysis Levels (SPAL), all three development phases when assessed in its entirety may exceed the SPAL. Therefore, if applicable, the District recommends that the City assess the entire three-phased development under the California Environmental Quality Act (CEQA).
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San Joaquin Valley Air Pollution Control District Page 2 of 9 District Reference No: 20230278
April 18, 2023
For the Project, the District recommends that a more detailed preliminary review of the Project be conducted for the Project’s construction and operational emissions Construction Emissions
The District recommends, to reduce impacts from construction-related diesel exhaust emissions, the Project should utilize the cleanest available off-road construction equipment, including the latest tier equipment.

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

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

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

To determine potential health impacts on surrounding receptors (residences, businesses, hospitals, day-care facilities, health care facilities, etc.) a Prioritization and/or a Health Risk Assessment (HRA) should be performed for the Project. These 124
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health risk determinations should quantify and characterize potential Toxic Air Contaminants (TACs) identified by the Office of Environmental Health Hazard Assessment/California Air Resources Board (OEHHA/CARB) that pose a present or potential hazard to human health.

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

Prioritization (Screening Health Risk Assessment):

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

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

To assist land use agencies and project proponents with Prioritization analyses, the District has created a prioritization calculator based on the aforementioned CAPCOA guidelines, which can be found here:
http://www.valleyair.org/busind/pto/emission_factors/Criteria/Toxics/Utilities/PRIORI TIZATION-CALCULATOR.xls
Health Risk Assessment:

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

A development project would be considered to have a potentially significant health risk if the HRA demonstrates that the project-related health impacts would exceed the District’s significance threshold of 20 in a million for carcinogenic risk, or 1.0 for either the Acute or Chronic Hazard Indices.

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

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

The District is available to review HRA protocols and analyses. For HRA submittals 125
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please provide the following information electronically to the District for review:
 HRA (AERMOD) modeling files
 HARP2 files
 Summary of emissions source locations, emissions rates, and emission factor calculations and methodologies.

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

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

An acceptable analysis would include emissions from both project-specific permitted and non-permitted equipment and activities. The District recommends consultation with District staff to determine the appropriate model and input data to use in the analysis.

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

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

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

A VERA is a mitigation measure by which the project proponent provides pound-forpound mitigation of emissions increases through a process that develops, funds, and 126
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implements emission reduction projects, with the District serving a role of administrator of the emissions reduction projects and verifier of the successful mitigation effort. To implement a VERA, the project proponent and the District enter into a contractual agreement in which the project proponent agrees to mitigate project specific emissions by providing funds for the District’s incentives programs.

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

Types of emission reduction projects that have been funded in the past include electrification of stationary internal combustion engines (such as agricultural irrigation pumps), replacing old heavy-duty trucks with new, cleaner, more efficient heavy-duty trucks, and replacement of old farm tractors.

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

Vegetative Barriers and Urban Greening
There are residential units located east of the Project. The District suggests the City consider the feasibility of incorporating vegetative barriers and urban greening as a measure to further reduce air pollution exposure on sensitive receptors (e.g., residential units).

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

Clean Lawn and Garden Equipment in the Community
Since the Project consists of residential development, gas-powered lawn and garden equipment have the potential to result in an increase of NOx and PM2.5 emissions.

Utilizing electric lawn care equipment can provide residents with immediate 127
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economic, environmental, and health benefits. The District recommends the Project proponent consider the District’s Clean Green Yard Machines (CGYM) program which provides incentive funding for replacement of existing gas powered lawn and garden equipment. More information on the District CGYM program and funding can be found at: http://www.valleyair.org/grants/cgym.htm
and http://valleyair.org/grants/cgym-commercial.htm.

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

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

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

This Project may be subject to District Rule 2010 (Permits Required) and Rule 2201 (New and Modified Stationary Source Review) and may require District permits. Prior to construction, the Project proponent should submit to the District an application for an ATC. For further information or assistance, the project proponent may contact the District’s SBA Office at (559) 230-5888. 128
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District Rule 9510 - Indirect Source Review (ISR)
The Project is subject to District Rule 9510 because it will receives a projectlevel discretionary approval from a public agency and will equal or exceed 50 units of residential development.

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

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

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

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

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

District Rule 4002 (National Emissions Standards for Hazardous Air Pollutants)
In the event an existing building will be renovated, partially demolished or removed, the Project may be subject to District Rule 4002. This rule requires a thorough inspection for asbestos to be conducted before any regulated facility is demolished or renovated. Information on how to comply with District Rule 4002 can be found online at:
http://www.valleyair.org/busind/comply/asbestosbultn.htm. 129
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District Rule 4601 (Architectural Coatings)
The Project will be subject to District Rule 4601 since it is expected to utilize architectural coatings. Architectural coatings are paints, varnishes, sealers, or stains that are applied to structures, portable buildings, pavements or curbs.

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

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

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

The application for both the Construction Notification and Dust Control Plan can be found online at:
https://www.valleyair.org/busind/comply/PM10/forms/DCP-Form.docx Information about District Regulation VIII can be found online at:
http://www.valleyair.org/busind/comply/pm10/compliance_pm10.htm District Rule 4901 - Wood Burning Fireplaces and Heaters The purpose of this rule is to limit emissions of carbon monoxide and particulate matter from wood burning fireplaces, wood burning heaters, and outdoor wood burning devices. This rule establishes limitations on the installation of new wood burning fireplaces and wood burning heaters.

Specifically, at elevations below 3,000 feet in areas with natural gas service, no 130
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person shall install a wood burning fireplace, low mass fireplace, masonry heater, or wood burning heater.

Information about District Rule 4901 can be found online at:
http://valleyair.org/rule4901/
Other District Rules and Regulations
The Project may also be subject to the following District rules: Rule 4102 (Nuisance) and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations).

District Comment Letter
The District recommends that a copy of the District’s comments be provided to the Project proponent.

If you have any questions or require further information, please contact Matt Crow by email at [email protected] or by phone at (559) 230-5931.

Sincerely,
Brian Clements
Director of Permit Services
For: Mark Montelongo
Program Manager
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LARS ANDERSEN & ASSOCIATES, INC.

CIVIL ENGINEERS • LAND SURVEYORS • PLANNERS
ADA COMPLIANCE • LEED ACCREDITED • STORM WATER QUALITY
4694 W JACQUELYN AVENUE
FRESNO, CA 93722
PH (559) 276-2790 FX (559) 276-0850
SCOTT A. MOMMER, PE, QSD

PRESIDENT
_______________________________
DANIEL J. ZOLDAK, PE,PLS, CASp, LEED
AP,

QSD, QSP

VICE PRESIDENT
June 23, 2022
Jesus R. Orozco
Community Development Director
City of Kerman
RE: Revised Development Plans [870 S. Modoc Ave.]
Dear Jesus R. Orozco,
With regards to the Review Comments for the Development Plans for 870 S. Modoc Ave. dated May 10, 2023, responses to each comment have been prepared. See these responses italicized in red below. 1) Public Works Requirements
Revisions required. Revise site plan (C3.1), tentative map (C4.0), preliminary grading plan (C5.0), and preliminary utility plan (C6.0) in accordance with Exhibit A dated May 10, 2023. Transfer all redline notes and comments to the corrected exhibit(s) and submit them to the Community Development Department. Revisions are summarized as follows.
a) Confirm if turn radius (see call outs) will accommodate turnaround for fire, emergency access, and solid waste disposal vehicles. Refer to North Central Fresno County Fire Protection District Section 403.002 Fire Department Access Policy for private streets and driveways for requirements (Exhibit B). Revise to meet the requirements or if an alternative is proposed, submit the alternative and justification for review.

Response: Revised the inside turning radius to 34’ at the two areas indicated on the redlines.

Also provided hammerhead turnarounds at the west and east end of the alleys in accordance with the Fire Department Access Policy. See Truck Turnaround Detail added to Sheet C3.1. b) Proposed 20-foot private streets may be too narrow to accommodate two-way traffic, in addition to fire/emergency access vehicles and water, sewer, and storm drainage underground with minimum required separations. The recommendation is 12-feet minimum lanes (typ. all streets). Revise to meet the recommendation or if an alternative is proposed, submit the alternative and justification for review.

Response: Fire Department Access Policy requires private streets to be 20’ minimum unless it abuts a structure with roof eaves greater than 30 feet in height, in which case a 26’ minimum drive is required along one long side of the building. The southernmost street south of the apartment buildings has been increased from 24’ to 26’ wide so that all 4 apartment buildings meet this requirement. All other private streets will remain as shown since they meet the minimum requirements in the Fire Department Access Policy. 132
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Sewer lines must have 10’ horizontal clearance from storm and water mains. We estimate that in the worst case, we would need 19’ of horizontal distance for all three service lines. The 20’ roads will be sufficient.
c) Widths of West California Avenue do not match the City Standard P-1 for typical collector street cross section. Revise to match Standard P-1 or if an alternative cross section is proposed, submit the alternative cross section for review.

Response: Revised West California Avenue to match City Standard P-1 street cross section for typical collector street. See detail added to Sheet C2.0. The previously shown 100’ ROW has been reduced to 84’ with 8’ Landscape easement on both sides of the street. See Sheet C4.0 for added dimensions for the ROW consistent with P-1.
d) There is a master planned sewer trunk that runs north-south in Modoc Avenue adjacent to the property. The master planned sewer trunk will require a 40-foot easement. Depending on the width of the west side of Modoc Avenue, the east side could be vacated but not full width (i.e., if the west side is 30 feet as well, then 10 feet from the east side would need to be reserved for a 40 foot total easement for the sewer trunk. Confirm the width of the Modoc right-of-way and revise or update the proposed vacation accordingly.

Response: Confirmed with the Title Report that the width of Modoc Avenue is 40’. The label on Sheet C4.0 has been updated accordingly. We request that the City place the sewer in the west side of Modoc Ave and accept a 20-foot easement.
e) Show the proposed public utility easements in the private streets and alleys for City water and sewer system/service.

Response: Sewer will be private service. See easement for proposed water service added to Sheet C4.0.
f) The property is at the upstream end of the master-plan drainage area “K.” The master planned basin is to be west of Lassen Avenue and will not be constructed in the near future. A temporary basin is required (or other storage method proposal) to store runoff from 100-year, 10-day storm event. Revise the exhibits to show the temporary basin (or other storage method proposal). If proposing another storage method (e.g., the storm water collection / water feature one through four), provide size/capacity and confirm with City Engineer that the storage method is capable of storing runoff from a 100-year, 10-day storm event.

Response: The owner of the subject property also owns the 20-acre parcel directly to the north.

A temporary basin of approximately 2-acres will be constructed at the southwest corner of the northern property to collect runoff from 100-year, 10-day storm event. See Sheet C3.0 for location of the temporary basin.
g) Per the City’s Sewer Master Plan, the subject property is master planned to be served by the future sewer trunk (30”) in Modoc Avenue. The Sewer Master Plan calls for a temporary lift station and temporary main (15”) to route wastewater east to California Avenue in the interim.

There may be the possibility for only the temporary sewer main (15”) to be installed with this project, but there may not be enough fall to get from the southwest corner of the property to the existing manhole in California Avenue. Discuss options with City Engineer and revise utility plan accordingly.

Response: A temporary lift station and 15” main will be installed. See Sheet C6.0. 133
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h) Submit preliminary title report for confirmation of all rights-of-way and easements affecting property. Submit documents for review including Document 2006-0144355 F.C.R. vacating the north 30 feet of West California Avenue right-of-way, document (no number provided) vacating the south portion of West California Avenue, and Document 2004-0265622 quitclaiming the north 25 feet of railroad right-of-way.

Response: A title report has been ordered and will be provided to the City as soon as it becomes available.
2) North Central Fresno County Fire Protection District a) Revise site plan (C3.1) and tentative map (C4.0) per North Central Fresno County Fire Protection District Section 403.002 Fire Department Access Policy for private streets and driveways (Exhibit B).If an alternative is proposed, submit the alternative and justification for review.

Response: Plan sheets have been updated in accordance with Exhibit C as required. Please see calculation added to Sheet C3.1 showing the ratio of open space to residents. The lot diagrams on Sheet C2.2 have been updated to show usable open space, and that it exceeds 250 SF for each lot. The tables on Sheet C2.2 have been updated to show lot coverage and provided rear yard setback as appropriate.
b) Remove all water features that are not proposed to be utilized for storm water collection as depicted in water feature plan (L3.0). Removal of these features has been previously discussed with Applicant. Revise plans accordingly.

Response: All water features will be utilized for storm water collection. We are currently finalizing the updated Project Description which will provide a detailed description of the proposed water features.

The updated project description will be provided shortly after this package submittal. 134
Section 6, Item A.

September 14, 2023
Jesus Orozco, Director
Community Development Department
850 S. Madera Ave
Kerman, CA 93630
Transmitted by Email to: [email protected]
RE:CUP 2023-02, ANX 2023-01, REZ 2023-01, GPA 2023-01, TSM 2023-01 Applicant Name Scott A. Mommer
Project Address 870 S. Modoc Ave
Project City & Zip Kerman, 93630
Project APN: 200-160-36S

North Central Fire Protection District (NCFPD) has received the revisions sent by Jenna Chilingerian via email on September 6, 2023 for the above referenced project along with the associated documentation for the Whispering Falls project. The Fire District does not have land use authority and cannot approve or deny these types of applications. The following comments are offered at this time as advisements to the project for future permitting requirements. The comments / conditions are in accordance with the 2022 edition of the California Building and Fire Codes. This review is ONLY for CUP, ANX, REZ, GPA and TSM applications. Review was NOT completed for structural elements of the site.

Please be advised, the documents received are the same as the documents reviewed July 31 (i.e. the dates and plans are the same). As such, no additional comments have been generated.

The conditions of approval are as follows:

1. Roadways less than 26-feet in width are NOT permitted to have parking on either side. Roadways greater than 26-feet but less than 35-feet may

NORTH CENTRAL FIRE PROTECTION DISTRICT
Board of Directors: Ken Abrahamian • Cheryl Belluomini
Michael Foglio • Rusty Nonini • Amanda Souza
Fire Chief: Timothy V. Henry , CFO, EFO
Fire Headquarters
15850 W. Kearney Boulevard
Kerman, California 93630-9335
(559) 275-5531 • FAX (559) 846-3788
www.northcentralfire.org
135
Section 6, Item A.
have parking on one side. Civil plan submittal shall clearly show how noparking areas will be marked and enforced.

2. Please note that sheet C2.0 does not match sheet C3.1 in regards to the alley width to the south of the Apartment buildings. Sheet C3.1 shows the required minimum width of 26-feet.

3. Hydrant spacing, location and main sizes have not been evaluated at this time. The utility plans Sheet C6.0 do not show main sizes.

4. Per California Fire Code, Section D103.1 – where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26-feet exclusive of shoulders. There are currently several sections of roadway on sheet C3.1 and Sheet C6.0 that DO NOT meet this requirement.

5. It is indicated that the apartment buildings will be 10-feet apart in some instances. Please be advised that this may cause some significant difficulties in meeting code requirements for exterior construction and opening protection.

There were two follow-up items requested from fire:
1) Request Fire red-line requested points of access and required road / alley widths.
2) Request Fire to provide draft COS’s related: fire main flow analysis, fire sprinkler system type, HOA fire fee agreement, FH and FH distance req. etc.

In response to item 1. Please see comments 1, 2 and 4 above. Additionally, per the California Fire Code, fire access shall be provided to within 150-feet of all portions of the buildings. Please show compliance with this requirement on the plan set. This will identify where points of access will be required along with the roadway (alley widths).

In response to item 2. This is out of the scope of the fire department. It is the project engineers and architects to determine the fire flow, fire sprinkler type and fire hydrant distribution. There are too many variables in how sprinklers are used as trade-offs in the type of construction, egress requirements, type of construction, etc.

Please work with Chief Henry and Chief Kutka in regards to any fire fee agreements.
136
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Please contact the NCFPD at [email protected] to schedule a site inspection for verification of the above conditions.

Sincerely,
George Apple, CFM
Contract Fire Plans Examiner
“Mission: To integrate with our community by exceeding traditional service expectations” 137
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17.5'
12' 12' 10'10' 10'10' NORTH 30' OF W CALIFORNIA AVE R.O.W. VACATED PER DOC. 2006-0144355 F.C.R. SOUTH PORTION OF W CALIFORNIA AVE VACATED PER SEPARATE DOCUMENT NORTH 25' OF RAILROAD R.O.W. QUITCLAIMED PER DOC. 2004-0265622 EAST 20' OF S MODOC AVE R.O.W. TO BE VACATED 50' TRENT
AMANDA

CAMILLE MADILYN
PAIGE
SETH

BRIDGET
MAX ROBIN EVIE MICHAEL 8' LANDSCAPE EASEMENT 8' LANDSCAPE EASEMENT

17.5'

17.5' PROPOSED 10' WATER EASEMENT PROPOSED 10' WATER EASEMENT PROPOSED 10' WATER EASEMENT PROPOSED 10' WATER EASEMENT PLANNED UNIT DEVELOPMENT FOR WHISPERING FALLS & TENTATIVE SUBDIVISION MAP TSM 2023-01 IN THE CITY OF KERMAN, COUNTY OF FRESNO, STATE OF CALIFORNIA TRUE NORTH 0 25 50 100 150 200 SCALE: 1"=50'-0" WHISPERING FALLS PLANNED DEVELOPMENT AND TENTATIVE TRACT MAP IN CITY OF KERMAN/FRESNO COUNTYSM325.21 06.23.2023 C4.0 TENTATIVE MAP LARS ANDERSEN & ASSOCIATES, INC. CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS PARCEL 1: LOT 17 IN SECTION 11, TOWNSHIP 14 SOUTH, RANGE 17 EAST, MOUNT DIABLO BASE AND MERIDIAN OF FRESNO IRRIGATED FARMS CO TRACT, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 8, PAGE 1 OF RECORDS OF SURVEYS, FRESNO COUNTY RECORDS. EXCEPTING THEREFROM ALL OIL, GAS, OTHER HYDROCARBON SUBSTANCES AND MINERALS OF ANY KIND OR CHARACTER. IN, ON, OR THEREUNDER. AS RESERVED IN DEEDS OF RECORD. PARCEL 2: LOT 18 IN SECTION 11. TOWNSHIP 14 SOUTH, RANGE 17 EAST. MOUNT DIABLO BASE AND MERIDIAN, OF FRESNO IRRIGATED FARMS CO. TRACT, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 8, PAGE 1 OF RECORD OF SURVEYS. FRESNO COUNTY RECORDS. EXCEPTING THEREFROM THE SOUTH 75 FEET OF THE WEST 100 FEET THEREOF. EXCEPTING THEREFROM ALL OIL, GAS, OTHER HYDROCARBON SUBSTANCES AND MINERALS OF ANY KIND OR CHARACTER, IN, ON, OR THEREUNDER, AS RESERVED IN DEEDS OF RECORD. PARCEL 3: THE SOUTH 76 FEET OF THE WEST 100 FEET OF LOT 16 IN SECTION 11, TOWNSHIP 14 SOUTH, RANGE 17 EAST, MOUNT DIABLO BASE AND MERIDIAN, OF FRESNO IRRIGATED FARMS CO. TRACT. ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 8, PAGE 1 OF RECORD OF SURVEYS. EXCEPTING THEREFROM ALL OIL, GAS, OTHER HYDROCARBON SUBSTANCES AND MINERALS OF ANY KIND OR CHARACTER. IN, ON, OR THEREUNDER, AS RESERVED IN DEEDS OF RECORD. LEGAL DESCRIPTION RAILROAD ZONING/ LAND USE APN: 020-160-36S EXISTING ZONING: AE20 PROPOSED ZONING: PUD PROPOSED LAND USE: RESIDENTIAL / MULTI-FAMILY EXISTING LAND USE: VACANT SURROUNDING ZONING: AE20 SURROUNDING LAND USE: VACANT/ RESIDENTIAL OWNER/ SUBDIVIDER BOYD COMPANIES 275 S. MADERA AVE., #100 KERMAN, CA 93630 1. THE SOURCE OF WATER SUPPLY SHALL BE THE CITY OF KERMAN. NOTES HATCHING LEGEND COMMON AREA PROPOSED CROSS ACCESS RIGHT-OF-WAY DEDICATED FOR STREET PURPOSES PER THIS MAP W CALIFORNIA AVE (PUBLIC) 138 Section 6, Item A.

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ATTACHMENT ‘G’
General Plan Amendment 2023-01 Resolution
RESOLUTION NO. 24-66
(ADOPTED ON 8/28/24)

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING GENERAL PLAN AMENDMENT 2023-01 TO AMEND THE 2040 KERMAN GENERAL PLAN TO ADD THE SD-R-2.5

ZONING DISTRICT AS A COMPATIBLE ZONING DISTRICT WITHIN THE MEDIUM DENSITY

RESIDENTIAL LAND USE DESIGNATION AND SET A MINIMUM RESIDENTIAL DENSITY OF FIVE (5) DWELLING UNITS PER ACRE (GPA 2023-01) AND ADOPT MITIGATED NEGATIVE DECLARATION (ENV 2023-01) AND MITIGATED MONITORING AND REPORTING PROGRAM WHEREAS, State Law requires that local agencies adopt General Plans containing specific mandatory elements; and
WHEREAS, the City of Kerman has adopted a Comprehensive General Plan Update and Environmental Impact Report in July 2020, and the City of Kerman is currently in compliance with State mandates relative to Elements of the General Plan; and WHEREAS, State law also provides for periodic review, updates, and amendments of its various plans; and
WHEREAS, an application was filed by Whispering Falls, LLC., pertaining to six (6) parcels consisting of 64.76 acres located on the east side of South Modoc Avenue between West Kearney Boulevard and the West California Avenue Alignment/San Joaquin Valley Railroad identified as APNs 020-160-36S, 020-160-18S, 020-160-19S, 020-041-45S, 020-041-47S, and 020-041-09U (“Project Area”); and
WHEREAS, the Project Area has a City of Kerman 2040 General Plan land use designation of MDR – Medium Density Residential (approximately 56.89 acres) and HDR – High Density Residential (approximately 5 acres); and
WHEREAS, the MDR land use designation allows up to 12 units per acre with no minimum density, and the HDR land use designation allows between 20 and 24 units per acre; and WHEREAS, 20-acres within the Project Area identified as APN 020-160-36S, located on the east side of South Modoc Avenue between West California Avenue and West California Avenue Alignment/San Joaquin Valley Railroad has two (2) underlying land use designations, MDR (15 acres) and HDR (5 acres); and
WHEREAS, Whispering Falls, LLC. proposes a variety of housing types and sizes on the 20- acre parcel, including 118 single-family units and 54 multi-family units, plus a community center, 197
Section 6, Item A.
on and off-site improvements including roadways, sidewalks, landscaping, parking, and 3.19 acres of common open space; and,
WHEREAS, because the project combines single-family and multi-family residential uses on a site that is designated MDR – Medium Density Residential and HDR – High Density Residential, the smart development (SD) combining district is the most appropriate and applicable zoning district for combining residential uses on one site; and WHEREAS, the density range permitted in the SD-R-2.5 zone district is 8-20 units per acre, which is consistent with the density ranges of the MDR and HDR zoning districts; and WHEREAS, approval of the project would require approval of Annexation 2023-01, General Plan Amendment 2023-01, Rezone 2023-01, Tentative Subdivision Map 2023-01, Development Plans 2023-01 and 2023-02, Conditional Use Permit 2023-02, and Variance 2023- 01; and
WHEREAS, a proposal has been made requesting amendments to the Kerman General Plan text, as shown in the attached Exhibit ‘1’; and
WHEREAS, the requested General Plan Amendment consists of amendments to the Kerman General Plan that would add the SD-R-2.5 zoning district as a compatible zoning district within the Medium Density Residential land use designation and set a minimum residential density of 5 dwelling units per acre; and
WHEREAS, the proposed General Plan Amendment will provide the required consistency between the General Plan and Zoning Ordinance; and
WHEREAS, the proposed General Plan Amendment is not expected to be detrimental to the health, safety and welfare of the city; and
WHEREAS, the City of Kerman, acting as the Lead Agency, prepared an Initial Study, Mitigated Negative Declaration 2023-01, provided in attached Exhibit ‘2’, and Mitigation Monitoring and Reporting Program (SCH #2024040147) for the project, provided in attached Exhibit ‘3’, and this related General Plan Amendment; and the project is in compliance with the California Environmental Quality Act (CEQA); and
WHEREAS, the Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program, and the General Plan Amendment and related entitlements were distributed for public review and comment to various local agencies and groups, and public notice of this public hearing was given by mailed and published notice, in accordance with the applicable State and Municipal Codes and standard practices; and
WHEREAS, the Planning Commission has completed its review of the Staff Report and documents submitted for the proposed project, evaluated the information contained in the 198
Section 6, Item A.
mitigated negative declaration, and considered testimony received as a part of the public hearing process; and
WHEREAS, the Planning Commission recommends that the City Council adopt General Plan Amendment 2023-01 per Resolution 2024-14; and
WHEREAS, with all requirements having been met, the City Council now desires to approve General Plan Amendment 2023-01 and adopt the Mitigated Negative Declaration prepared for the Project, including the associated Mitigation Monitoring and Reporting Program.

NOW THEREFORE, be it resolved by the City Council of the City of Kerman as follows:

1. Recitals. The City council hereby finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

2. CEQA. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, the City, as the Lead Agency, has analyzed the proposed Project and has prepared an Initial Study and Mitigated Negative Declaration 2023-01 (MND) and Mitigated Monitoring and Reporting Program (SCH #2024040147) to evaluate the environmental effects of the project, including the proposed annexation. The City Council has fully considered the Mitigated Negative Declaration. The Environmental Assessment / Initial Study was prepared for this project in accordance with the requirements of the CEQA Guidelines and reflects the City Council’s independent judgment and analysis. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of Environmental Assessment necessitated a thorough review of the proposed Project and relevant environmental issues.

While the proposed Project could have a potentially significant effect on the environment, based on its independent judgment and analysis, the City Council finds that feasible mitigation measures or alternatives have been incorporated into the project in order to avoid the effects or mitigate the effects to a point where no significant effect on the environment will occur, and there is no substantial evidence in the record that this Project may have any direct, indirect or cumulative effects on the environment that are potentially significant and adverse. The proposed Project will not result in any adverse effects which fall within the “Mandatory Findings of Significance” contained in Section 15065 of the State CEQA Guidelines. The project-specific mitigation measures included in the Project to avoid potentially significant effects are set forth in the Initial Study/Mitigated Negative Declaration and accompanying Mitigation Monitoring and Reporting Program. With the project specific mitigations imposed, there is no substantial evidence in the record that this Project may have significant direct, indirect or cumulative effects on the environment. As such, the City Council also finds and determines that in light of the entire administrative record and the substantial evidence before it, the Project has been adequately environmentally assessed as required by CEQA per the Initial Study/Mitigated Negative Declaration.

3. Adoption of MND and Mitigation Monitoring and Reporting Program. Based on the foregoing, the City Council adopts the Mitigated Negative Declaration prepared for the Project, including 199
Section 6, Item A.
the associated Mitigation Monitoring and Reporting Program, as the project will not result in any significant, adverse, environmental impacts with the mitigation imposed. The City of Kerman Community Development Department located at 850 S. Madera Ave. Kerman, CA 93630, is designated as the custodian of the documents and other materials that constitute the record of proceedings upon which the decision is based. The City Council authorizes the Director, or designee, to execute and file with the Fresno County Clerk, as appropriate, a Notice of Determination for approval of the Project.

4. General Plan Consistency. The City Council finds that the public necessity, general welfare, good planning practices, public interest, and convenience warrant approval of General Plan Amendment 2023-01, including the following:
a. The change is consistent with the General Plan goals and policies.

The proposed use and development of the site is consistent with the General Plan.

Upon approval of the annexation and pre-zone to the smart development zone district, the development of the site with residential uses and at densities allowed within the underlying land use designations will be consistent with the General Plan. Moreover, GPA 2023-02 is supported by policy LU-3.3 Prevent Sprawl Development and LU-3.5 Increase Density and Intensity within City Limits., which prevents urban sprawl by allowing denser developments within the City’s land uses.
b. The change is consistent with the purpose of the Zoning Ordinance to preserve and promote the public health, safety and welfare of the city and to facilitate growth and expansion of the city in a precise and orderly manner.

The project has been reviewed by the various City departments and evaluated for conformity with the requirements of the Zoning Ordinance. The proposed use and development are consistent with the applicable development standards. Any other improvements or mitigations required for the health, safety, and welfare of the community have been applied to this project as mitigation measures and conditions of approval.
c. There will not be significant effects upon the quality of the environment and natural resources.

An initial study was prepared for this project consistent with the CEQA, which resulted in a proposed mitigated negative declaration (MND). Per the MND, the project will not have a significant, adverse effect on the environment as mitigated.

5. Approval of General Plan Amendment. Given that all the findings can be made, the City Council approves GPA 2023-01, to add the SD-R-2.5 zoning district as a compatible zoning district within the medium density residential land use designation and set a minimum 200
Section 6, Item A.
residential density of five (5) dwelling units per acre, all as per the attached Exhibit ‘1’ made a part hereof by this reference.

6. Effective Date of Resolution. This resolution shall become effective immediately. The City Clerk shall certify to the adoption of the Resolution and shall transmit copies of the same to the City Council of the City of Kerman.

The foregoing resolution was introduced and adopted by the City Council of the City of Kerman at a regular meeting held on the 28th day of August 2024, by the following vote:

AYES: Herrera, Coleman, Yep, Pacheco
NOES: None
ABSTAIN: Nijjer
ABSENT: None
The foregoing resolution is hereby approved.
____________________
Maria Pacheco
Mayor
ATTEST:
_____________________
Josie Camacho
City Clerk
201
Section 6, Item A.

Exhibit ‘1’
General Plan Amendment 2023-01
Change from: Page 3-6
Change to: Page 3-6
202
Section 6, Item A.

Exhibit ‘2’
Initial Study and Mitigated Negative Declaration (Environmental Assessment 2023-01) The Initial Study and Mitigated Negative Declaration (Environmental Assessment 2023-01) is posted on the City’s Website under the Community Development Department, Planning Division, Planning Projects, 2024 Projects webpage at https://www.cityofkerman.net/175/Planning-Projects 203
Section 6, Item A.

Exhibit ‘3’
Mitigation Monitoring and Reporting Program
WHISPERING FALLS TSM 2023-01

MITIGATION MONITORING AND REPORTING PROGRAM
JULY 2024
This mitigation measure monitoring and reporting checklist was prepared pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15097 and Section 21081.6 of the Public Resources Code (PRC). The timing of implementing each mitigation measure is identified in in the checklist, as well as identifies the entity responsible for verifying that the mitigation measures applied to a Project are performed. Project applicants are responsible for providing evidence that mitigation measures are implemented. As lead agency, the City of Kerman is responsible for verifying that mitigation is performed/completed.

Mitigation Measures
Party
Responsible
for
Implementing
Mitigation
Timing of
Verification
Responsible
for
Monitoring
Compliance
Verification of
Completion
Date Initials
Air Quality
Mitigation Measure AIR-1. Before a construction permit is issued for the proposed Project, the Project applicant, Project sponsor, or construction contractor shall submit provide reasonably detailed compliance with one of the following requirements to the City of Kerman:
a) Option 1) Where portable diesel engines are used during construction, all off-road equipment with engines greater than 75 horsepower shall have engines that meet either
United States Environmental Protection Agency (EPA) or
California Air Resources Board (CARB) Tier 4 Interim offroad emission standards except as otherwise specified herein. If engines that comply with Tier 4 Interim or Tier 4 Project
Applicant
Prior to
issuance of a
construction
permit
City of
Kerman
Building
Division
204
Section 6, Item A.

Final off
-road emission standards are not commercially
available, then the construction contractor shall use the next cleanest piece of off-road equipment (e.g., Tier 3) that is commercially available. For purposes of this Project design feature, “commercially available” shall mean the equipment at issue is available taking into consideration factors such as (i) critical-path timing of construction; and (ii) geographic proximity to the Project site of equipment. If the relevant equipment is determined by the Project
applicant to not be commercially available, the contractor can confirm this conclusion by providing letters from at least two rental companies for each piece of off-road
equipment that is at issue.
b) Option 2) Prior to the issuance of any demolition, grading, or building permits (whichever occurs earliest), the Project applicant and/or construction contractor shall prepare a construction operations plan that, during construction
activities, requires all off-road equipment with engines greater than 75 horsepower to meet either the particulate matter emissions standards for Tier 4 Interim engines or be equipped with Level 3 diesel particulate filters. Tier 4 Interim engines shall, at a minimum, meet EPA or CARB
particulate matter emissions standards for Tier 4 Interim engines. Alternatively, use of CARB-certified Level 3 diesel particulate filters on off-road equipment with engines
greater than 75 horsepower can be used in lieu of Tier 4 Interim engines or in combination with Tier 4 Interim
engines. The construction contractor shall maintain records documenting its efforts to comply with this requirement, including equipment lists. Off-road equipment descriptions and information shall include, but are not limited to,
equipment type, equipment manufacturer, equipment
205
Section 6, Item A.
identification number, engine model year, engine
certification (Tier rating), horsepower, and engine serial number. The Project applicant and/or construction
contractor shall submit the construction operations plan and records of compliance to the City of Kerman.

Biological Resources
Mitigation Measure BIO-1: Burrowing owls avoidance. The Project shall implement the following measures to avoid any potential impacts of nesting habitat of the Project in
compliance with the federal Migratory Bird Treaty Act and relevant Fish and Game Codes:
 Avoidance. Initiate grading/ground disturbance from
Sept 1 – February 1 during the non-breeding period.
 Preconstruction Surveys. If construction is initiated during the nesting period (Feb 1 – Aug 30), conduct a
preconstruction survey to confirm that no burrowing
owl has taken up residence in any parcels with ground
burrowing mammals. If burrowing owl occupation is
found, consult with the California Department of Fish
and Wildlife to determine the appropriate avoidance
and minimization measures.

Project
Applicant
Prior to
issuance of a
construction
permit
City of
Kerman
Building
Division
Mitigation Measure BIO-2: San Joaquin kit fox Avoidance. The following measures are recommended to avoid any potential impact to San Joaquin kit fox during construction. These measures are designed to avoid and minimize any impact on San Joaquin kit fox in the unlikely event an individual is present within the Study Area at any time during construction. • Prior to Construction: Prepare and conduct an
employee education program prior to the start of
construction. The program should consist of a brief
presentation by persons knowledgeable in kit fox
Project
Applicant
Prior to
issuance of a
construction
permit
City of
Kerman
Building
Division
206
Section 6, Item A.
biology and legislative protection to explain
endangered species concerns to contractors, their
employees, and military and/or agency personnel
involved in the Project. The program should include the following: A description of the San Joaquin kit fox and its habitat needs; a report of the occurrence of kit fox in the Project area; an explanation of the status of the
species and its protection under the Endangered
Species Act; and a list of measures being taken to
reduce impacts to the species during Project
construction and implementation (as summarized
below). A fact sheet conveying this information should
be prepared for distribution to the previously
referenced people and anyone else who may enter the
Project site.
• Avoidance and Minimization Measures During
Construction: The following measures should be
included within the worker education program and in
any Project specification and contract.

1. Project-related vehicles should observe a daytime
speed limit of 20 mph throughout the site in all
Project areas, except on county roads and State and
Federal highways; this is particularly important at
night when kit foxes are most active. No nighttime
construction should occur, given the species is
primarily nocturnal.

2. To prevent inadvertent entrapment of kit foxes or
other animals during the construction phase of a
Project, all excavated, steep-walled holes or
trenches more than 2 feet deep should be covered
at the close of each working day by plywood or
similar materials. If the trenches cannot be closed,
one or more escape ramps constructed of earthen
207
Section 6, Item A.
fill or wooden planks shall be installed. Before such
holes or trenches are filled, they should be
thoroughly inspected for trapped animals. If at any
time a trapped or injured kit fox is discovered, the
Service and the California Department of Fish and
Game (CDFG) shall be contacted as noted under
measure 13 referenced below.

3. Kit foxes are attracted to den-like structures such as pipes and may enter stored pipes and become
trapped or injured. All construction pipes, culverts,
or similar structures with a diameter of 4-inches or
greater that are stored at a construction site for one
or more overnight periods should be thoroughly
inspected for kit foxes before the pipe is
subsequently buried, capped, or otherwise used or
moved in any way. If a kit fox is discovered inside a
pipe, that section of pipe should not be moved until
the Service has been consulted. If necessary, and
under the direct supervision of the biologist, the
pipe may be moved only once to remove it from the
path of construction activity until the fox has
escaped.

4. All food-related trash items such as wrappers, cans, bottles, and food scraps should be disposed of in
securely closed containers and removed at least
once a week from a construction or Project site.

5. No firearms shall be allowed on the Project site.

6. No pets, such as dogs or cats, should be permitted
on the Project site to prevent harassment, mortality
of kit foxes, or destruction of dens.

7. The use of rodenticides and herbicides in Project
areas should be restricted. This is necessary to
prevent primary or secondary poisoning of kit foxes
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Section 6, Item A.
and the depletion of prey populations on which they
depend. All uses of such compounds should observe
labels and other restrictions mandated by the U.S.

Environmental Protection Agency, California
Department of Food and Agriculture, and other
State and Federal legislation, as well as additional
Project-related restrictions deemed necessary by
the Service. If rodent control must be conducted,
zinc phosphide should be used because of a proven
lower risk to kit fox.

8. A representative shall be appointed by the Project
proponent who will be the contact source for any
employee or contractor who might inadvertently kill
or injure a kit fox or who finds a dead, injured or
entrapped kit fox. The representative will be
identified during the employee education program,
and their name and telephone number shall be
provided to the Service.

9. Upon completion of the Project, all areas subject to temporary ground disturbances, including storage
and staging areas, temporary roads, etc., should be
re-contoured if necessary and revegetated, if
possible, to promote restoration of the area to pre-
Project conditions.

10. Any contractor or employee responsible for
inadvertently killing or injuring a San Joaquin kit fox shall immediately report the incident to their
representative. This representative shall contact the
CDFG immediately in the case of a dead, injured, or
entrapped kit fox.

11. The Sacramento Fish and Wildlife Office and CDFG
shall be notified in writing within three working days
of the accidental death or injury to a San Joaquin kit
209
Section 6, Item A.
fox during Project-related activities. Notification
must include the date, time, and location of the
incident or the finding of a dead or injured animal
and any other pertinent information.

12. New sightings of kit fox shall be reported to the
California Natural Diversity Database (CNDDB). A
copy of the reporting form and a topographic map
marked with the location of where the kit fox was
observed should also be provided to the Service at
the address below.

Cultural Resources
Mitigation Measure CUL-1: In order to avoid the potential for impacts to historic and prehistoric archaeological resources, the following measures shall be implemented, as necessary, in conjunction with the construction of each phase of the
Project:
a. Cultural Resources Alert on Project Plans. The Project proponent shall note on any plans that require ground
disturbing excavation that there is a potential for
exposing buried cultural resources.
b. Stop Work Near any Discovered Cultural Resources.

Should previously unidentified cultural resources be
discovered during construction of the Project, the
Project proponent shall cease work within 50 feet of
the resources, and City of Kerman shall be notified
immediately. The Project archaeologist meeting the
Secretary of the Interior Professional Qualifications
Standards for archeology shall immediately to evaluate
the find pursuant to Public Resources Code Section
21083.2.

Project
Applicant
Prior to
issuance of a
construction
permit
City of
Kerman
Building
Division
210
Section 6, Item A.
c. Mitigation for Discovered Cultural Resources. If the professional archaeologist determines that any
cultural resources exposed during construction
constitute a historical resource and/or unique
archaeological resource, he/she shall notify the Project proponent and other appropriate parties of the
evaluation and recommended mitigation measures to
mitigate the impact to a less-than-significant level. If the archaeologist and, if applicable, a Native American monitor or other interested tribal representative
determine it is appropriate, cultural materials
collected from the site shall be processed and analyzed in a laboratory according to standard archaeological
procedures. The age of the materials shall be
determined using radiocarbon dating and/or other
appropriate procedures; lithic artifacts, faunal
remains, and other cultural materials shall be
identified and analyzed according to current
professional standards. The significance of the site(s) shall be evaluated according to the criteria of the
California Register of Historical Resources (CRHR) and
if applicable, National Register of Historic Places
(NRHP). The results of the investigations shall be
presented in a technical report following the standards of the California Office of Historic Preservation
publication “Archaeological Resource Management
Reports: Recommended Content and Format (1990 or
latest edition).” Mitigation measures may include
avoidance, preservation in-place, recordation,
additional archaeological testing and data recovery,
among other options. Treatment of any significant
cultural resources shall be undertaken with the
approval of the City of Kerman. The archaeologist shall 211
Section 6, Item A.
document the resources using DPR 523 forms and file
said forms with the California Historical Resources
Information System, Southern San Joaquin Valley
Information Center (SSJVIC). The resources shall be
photo documented and collected by the archaeologist
for submittal to the City of Kerman. The archaeologist
shall be required to submit to the City of Kerman for
review and approval a report of the findings and
method of curation or protection of the resources. This report shall be submitted to the SSJVIC after
completion. Recommendations contained therein shall
be implemented throughout the remainder of ground
disturbance activities. Further grading or site work
within the area of discovery shall not be allowed until the preceding steps have been taken.
d. Data Recovery. Should the results of item c. yield
resources that meet CRHR significance standards and if
the resource cannot be avoided by Project
construction, the Project applicant shall ensure that all feasible recommendations for mitigation of
archaeological impacts are incorporated into the final
design and approved by the City prior to construction.

Any necessary data recovery excavation, conducted to
exhaust the data potential of significant archaeological sites, shall be carried out by a qualified archaeologist meeting the SOI’s PQS for archeology. Data recovery
shall be conducted in accordance with a research
design reviewed and approved by the City, prepared in
advance of fieldwork, and using the appropriate
archaeological field and laboratory methods consistent
with the California Office of Historic Preservation
Planning Bulletin 5, Guidelines for Archaeological
212
Section 6, Item A.

Research Design, or the latest edition thereof. If the
archaeological resource(s) of concern are Native
American in origin, the qualified archaeologist shall
confer with the City and local California Native
American tribe(s). As applicable, the final Data
Recovery reports shall be submitted to the City prior to issuance of any grading or construction permit.

Recommendations contained therein shall be
implemented throughout all ground disturbance
activities. Recommendations may include, but would
not be limited to, Cultural Resources Monitoring,
and/or measures for unanticipated discoveries. The
final report shall be submitted to the SSJVIC upon
completion.
e. Disposition of Cultural Resources. Upon coordination with the City of Kerman, any pre-historic
archaeological artifacts recovered shall be donated to
an appropriate Tribal custodian or a qualified scientific institution where they would be afforded applicable
cultural resources laws and guidelines.
f. Cultural Resources Monitoring. If mitigation measures are recommended by reports written under item c. or
d., the Project applicant shall retain a qualified
archaeologist to monitor Project-related, ground-
disturbing activities which may include the following
but not limited to: grubbing, vegetation removal,
trenching, grading, and/or excavations. The
archaeological monitor shall coordinate with any
Native American monitor as required. Monitoring logs
must be completed by the archaeologist daily. Cultural
resources monitoring may be reduced for the Project if
213
Section 6, Item A.
the qualified archaeologist finds it appropriate to
reduce the monitoring efforts. Upon completion of
ground disturbance for the Project, a final report must be submitted to the City for review and approval
documenting the monitoring efforts, cultural resources
find, and resource disposition. The final report shall be submitted to the SSJVIC.

Geology and Soils
Mitigation Measure GEO-1: If any paleontological resources are encountered during ground-disturbance activities, all work within 25 feet of the find shall halt until a qualified paleontologist as defined by the Society of Vertebrate
Paleontology Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources (2010), can evaluate the find and make recommendations
regarding treatment. Paleontological resource materials may include resources such as fossils, plant impressions, or animal tracks preserved in rock. The qualified paleontologist shall contact the Natural History Museum of Los Angeles County or another appropriate facility regarding any discoveries of paleontological resources.

If the qualified paleontologist determines that the discovery represents a potentially significant paleontological resource, additional investigations, and fossil recovery may be required to mitigate adverse impacts from Project implementation. If avoidance is not feasible, the paleontological resources shall be evaluated for their significance. If the resources are not significant, avoidance is not necessary. If the resources are significant, they shall be avoided to ensure no adverse effects or such effects must be mitigated. Construction in that area shall not resume until the resource-appropriate measures are recommended or the materials are determined to be less than Project
Applicant
During
ground
disturbance
activities
City of
Kerman
Building
Division
214
Section 6, Item A.
significant. If the resource is significant and fossil recovery is the identified form of treatment, then the fossil shall be deposited in an accredited and permanent scientific
institution. Copies of all correspondence and reports shall be submitted to the City of Kerman, Community Development
Department.

Hazards and Hazardous Material
Mitigation Measure HAZ-1: Asbestos Survey. Prior to the demolition or renovation of any existing structure on site, an Asbestos Survey shall be conducted to determine the quantity of asbestos-containing construction material to be removed in the Project. As regulated by National Emission Standards for Hazardous Air Pollutants (NESHAP), the inspection must be conducted by a Cal-OSHA Certified Asbestos Consultant (CAC).

The Asbestos Survey report shall be submitted to the City of Kerman Community Development Department for review and
approval. Alternatively, if the developer is opting to treat all of the material as RACM and will notify as such, the survey may be bypassed.

A completed and signed Asbestos Notification Form must be submitted to the San Joaquin Valley Air Pollution Control District (SJVAPCD) 10 working days prior to the
commencement of any regulated asbestos (RACM)
abatement. If it is determined that there are asbestoscontaining materials or soils on site, the developer shall utilize specialists/professionals for asbestos removal/abatement to reduce potential health risks to construction workers.

Demolition activities that would expose construction workers and/or the public to asbestos-containing materials shall be conducted in accordance with the applicable regulations, including, but not limited to:

Project
Applicant
Prior to
demolition or
renovation of
structures on
site
City of
Kerman
Building
Division
215
Section 6, Item A.
 San Joaquin Valley Air Pollution Control District
 California Health and Safety Code (Section 39650 et
seq.)
 California Code of Regulations (Title 8, Section 1529)  California Occupational Safety and Health
Administration regulations (California Code of
Regulations, Title 8, Section 1529 [Asbestos] and
Section 1532.1 [Lead])
 Code of Federal Regulations (Title 40, Part 61
[asbestos], Title 40, Part 763 [asbestos], and Title 29, Part 1926 [asbestos and lead])
Mitigation Measure HAZ-2: Lead-Based Paint Inspection. Prior to the demolition of any existing structure on site, a leadbased paint inspection is required to determine whether the lead-based paint is present in or on the original building materials. The inspection shall be conducted on-site by a state-certified Lead Inspector or Assessor in accordance with the California Code of Regulations, Title 8, Section 1532.1. The investigation report shall be submitted to the City of Kerman Community Development Department for review and
approval.

If it is determined that lead-based paint exists on site, the developer shall utilize professionals for lead-based paint removal to reduce potential health risks to construction workers and/or the public. Pursuant Section 1532.1,
construction workers must establish and implement a
compliance program, and provide a written Pre-Job
Notification to the nearest Division of Occupational Safety and Health Cal/OSHA office 24 hours before the start of a project.

Project
Applicant
Prior to
demolition of
structures on
site
City of
Kerman
Building
Division
Mitigation Measure HAZ-3: Test for Agricultural Pesticides.

Prior to construction activities onsite, a limited Phase II investigation shall be conducted to assess the surface soil of Project
Applicant
Prior to
ground
City of
Kerman
216
Section 6, Item A.
the project site for residual organochlorine and lead arsenate pesticides. The Phase II investigation shall be conducted in accordance with guidelines developed by the Department of Toxic Substances Control (DTSC) and Environmental
Protection Agency (EPA) for site assessments. The Phase II investigation shall estimate the potential threat to public health and the environment if concentrations of pesticides are encountered using methods outlined in DTSC’s Preliminary Endangerment Assessment Guidance Manual and DTSC’s
Screening Level Human Health Risk Assessment guidance for implementing screening level risk analysis. The Phase II investigation shall be submitted to the City of Kerman
Community Development Department for review and
approval by an independent third-party reviewer. If the Phase II testing reveals concentrations of organochlorine pesticides and lead arsenic above health-based screening levels for residential exposure, remediation of the site shall be required to address residual organochlorine and lead arsenate
pesticides above health-based level of concern. Remediation may include excavation and disposal of impacted soil or capping elevated areas beneath paved areas. The
Construction Contractor shall implement the
recommendations outlined in the Phase II.
disturbing
activities
Building
Division
Noise
Mitigation Measure NOI-1: A soundwall with a minimum
height of seven (7) feet shall be constructed along the southern property line adjacent to the San Joaquin Valley Railroad rail line. The wall shall be constructed of concrete blocks, masonry, or stucco on both sides of a wood or steel stud wall. Compliance shall be verified during the Final Map review and approval process by the City of Kerman Public Works Department.

Project
Applicant
Final Map
review
City of
Kerman
Planning
Division
217
Section 6, Item A.

Mitigation Measure NOI-2: Noise sensitive land uses (e.g., residential uses, schools, churches) within 500 feet of the exterior boundaries of the Project site shall be notified about the estimated duration and hours of construction activity at least 30 days before the start of construction, with the exception of construction activities related to emergency work. The notice shall be an informational document
containing the estimated duration and hours of construction activity, a primary contact for complaints, and reference to compliance with Kerman Municipal Code Chapter 9.26
Prohibition of Unreasonably Loud and Unnecessary Noise. The notice shall be mailed by first class mail to every owner whose name and address appears on the last equalized County
Assessment Roll for any property within 500 feet of the exterior boundaries of the Project site. Proof of mailing shall be provided to the City of Kerman, Community Development Department. Separate notices and proof of mailings shall be sent and submitted for all phases of construction.

Project
Applicant
At least 30-
days before
construction
City of
Kerman
Building
Division
Mitigation Measure NOI-3: Temporary sound barriers shall be erected between the construction area/site and existing residential structures. Sound barriers shall be of sufficient height and length to block the line of sight between the construction site and residential structures and shall be continuous with no gaps or holes between panels or the
ground. Sound barriers shall be constructed of material with a weight of two (2) pounds per square foot and shall have a minimum Sound Transmission Class (STC) rating of 28. Sound blankets may be used in place of temporary sound barriers; however, it must be demonstrated the sound blankets meet a STC rating of 28 and shall be of sufficient length to overlap each other and the ground surface. Implementation of
temporary sound barriers shall be indicated in the General Project
Applicant
Prior to
issuance of
building
permit
City of
Kerman
Building
Division
218
Section 6, Item A.

Construction Notes for the project and verified by the City of Kerman Building Division during the building permit process.

Tribal Cultural Resources
See Cultural Resources
219
Section 6, Item A.

ATTACHMENT ‘H’
Rezone 2023-01 Ordinance
ORDINANCE NO. 24-___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KERMAN CITY APPROVING REZONE 2023-01 TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF KERMAN TO PREZONE APPROXIMATELY 41.49 ACRES (APNS 020-160-36S, 020-160-18S, 020-041-45S, AND 020-041- 47S) TO THE SMART DEVELOPMENT COMBINING DISTRICT – RESIDENTIAL – MINIMUM 2,500 SQUARE FEET (SD-R-2.5) ZONING DISTRICT AND APPROXIMATELY 20 ACRES (020-160-19S) TO THE SMART DEVELOPMENT COMBINING DISTRICT – RESIDENTIAL – MINIMUM 5,000 SQUARE FEET (SD-R-5) ZONING DISTRICT
WHEREAS, an application was filed by Whispering Falls, LLC., pertaining to six (6) parcels consisting of 64.76 acres located on the east side of South Modoc Avenue between West Kearney Boulevard and the West California Avenue Alignment/San Joaquin Valley Railroad identified as APNs 020-160-36S, 020-160-18S, 020-160-19S, 020-041-45S, 020-041-47S, and 020-041-09U (“Project Area”); and
WHEREAS, because the Project Area is outside of City limits and currently has County agricultural zoning, a prezone/rezone is needed; and
WHEREAS, the Project Area has a City of Kerman 2040 General Plan land use designation of MDR – Medium Density Residential (approximately 56.89 acres) and HDR – High Density Residential (approximately 5 acres);
WHEREAS, the 20-acre parcel within the Project Area identified as APN 020-160-36S located on the east side of South Modoc Avenue between West California Avenue and West California Avenue Alignment/San Joaquin Valley Railroad has two underlying land use designations, MDR (15 acres) and HDR (5 acres); and
WHEREAS, Whispering Falls, LLC. proposes a variety of housing types and sizes on the 20- acre parcel, including 118 single-family units and 54 multi-family units, plus a community center, on and off-site improvements including roadways, sidewalks, landscaping, parking, and 3.19 acres of common open space; and,
WHEREAS, because the project combines single-family and multi-family residential uses on a site that is designated MDR – Medium Density Residential and HDR – High Density Residential, the smart development (SD) combining district is the most appropriate and applicable zoning district for combining residential uses on one site; and WHEREAS, the density range permitted in the SD-R-2.5 zone district is 8-20 units per acre, which is consistent with the density ranges of the MDR and HDR zoning districts; and 220
Section 6, Item A.

WHEREAS, approval of the project would require approval of Annexation 2023-01, General Plan Amendment 2023-01, Rezone 2023-01, Tentative Subdivision Map 2023-01, Development Plans 2023-01 and 2023-02, Conditional Use Permit 2023-02, and Variance 2023- 01; and
WHEREAS, the requested Rezone 2023-01 proposes to prezone the Project Area within the County of Fresno that is currently zoned Agricultural Exclusive – 20 Acres (AE-20) to SD-R-2.5 zoning district (APNS 020-160-36S, 020-160-18S, 020-041-45S, and 020-041-47S) and SD-R-5 zone district (020-160-19S) as shown in the attached Exhibit ‘1’, consistent with the MDR land use designation, upon approval of General Plan Amendment 2023-01; and WHEREAS, the City of Kerman, acting as the Lead Agency, prepared an Initial Study, Mitigated Negative Declaration 2023-01 and Mitigation Monitoring and Reporting Program dated June 2024 (SCH #2024040147) for the project, and the project is in compliance with the California Environmental Quality Act (CEQA); and
WHEREAS, the Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program, and the related entitlements for the project were distributed for public review and comment to various local agencies and groups, and public notice of this public hearing was given by mailed and published notice, in accordance with the applicable State and Municipal Codes and standard practices; and
WHEREAS, the Planning Commission completed its review of the Staff Report and documents submitted for the proposed project at a special meeting on July 15, 2024, and adopted a resolution with a recommendation to the City Council to approve Rezone 2023-01; and
WHEREAS, the City of Kerman City Council held a public hearing on August 28, 2024, to consider the Whispering Falls Project including Rezone 2023-01 Ordinance during which the Council solicited public testimony, and considered the environmental assessment; and WHEREAS, after the public hearing the Council introduced the Rezone 2023-01 Ordinance; and
WHEREAS, the City Council now desires to adopt the Rezone 2023-01 Ordinance to amend the City’s official Zoning Map on real property described herein below as Exclusive Agriculture to the SD-R-2.5 and SD-R-5 zone districts.

NOW, THEREFORE, the City Council of the City of Kerman does ordain as follows:

1. Recitals. The City Council hereby finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

2. CEQA. The City Council previously prepared and certified Mitigated Negative Declaration 2023-01 (MND) for the project. The MND identified rezoning of the project site. The rezoning 221
Section 6, Item A.
does not change the environmental assessment of the MND. Further, the MND was recently adopted at the public hearing regarding this project. The City Council further finds that no subsequent review is required under CEQA Guidelines section 15162 as since that time no substantial changes have been proposed in the project which will require major revisions of the previously adopted MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Likewise, no substantial changes have occurred since that time with respect to the circumstances under which the project is undertaken which will require major revisions of the MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. There is also no new information, which was not known and could not have been known at the time of the adoption of the MND that the project will have significant effect not discussed in the MND. As such, the City Council finds REZ 2023-02 has already been fully assessed in accordance with CEQA, no subsequent review is required under CEQA Guidelines section 15162, and no further action or review is required under CEQA.

3. Rezone Findings. The City Council finds as follows:
a. The change is consistent with the General Plan. The proposed use and development of the site is consistent with the General Plan. Upon approval of the annexation and pre-zone to the smart development zone district, the development of the site with residential uses and at densities allowed within the underlying land use designations will be consistent with the General Plan.
b. The change is consistent with the purpose of the Zoning Ordinance to promote the health, safety, and welfare of the community. The project has been reviewed by the various City departments and evaluated for conformity with the requirements of the Zoning Ordinance. The proposed use and development are consistent with the applicable development standards. Any other improvements or mitigations required for the health, safety, and welfare of the community has been applied to this project as mitigation measures and conditions of approval. Moreover, Rezone 2023-01 is supported by policy LU-2.1 Attractive Community, LU-2.4 Architectural Character, and LU-2.5 High-Quality Design, which cumulatively, enhance the design, character, and vibrancy of the City’s health, safety, and welfare.
c. There will not be significant effects upon the quality of the environment and natural resources. An initial study was prepared for this project consistent with the California Environmental Quality Act (CEQA), which resulted in a proposed mitigated negative declaration (MND). Per the MND, the project will not have a significant, adverse effect on the environment as mitigated.

4. Approval of Rezone. Given that all the findings can be made, the City Council adopts this Rezone 2023-01 Ordinance approving the amendment to the official zoning map of the City of Kerman to prezone approximately 41.49 acres (APNs 020-160-36s, 020-160-18S, 020-041- 45S, and 020-041-47S) to the Smart Development Combining District – Residential – 222
Section 6, Item A.

Minimum 2,500 Square Feet (SD-R-2.5) zoning district and approximately 20 acres (APN 020- 160-19S) to the Smart Development Combining District – Residential – Minimum 5,000 Square Feet (SD-R-5) Zoning District as set forth in Exhibit ‘1’ which is incorporated herein by reference.

5. Severability: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

6. Publication: This ordinance shall be published in accordance with the provisions of Government Code Section 36933.

7. Effective Date of Ordinance: This ordinance shall be in full force and effect thirty (30) days after its passage.

The foregoing ordinance was introduced at a regular meeting of the City of Kerman City Council on the 28th day of August, 2024, and passed and adopted at a regular meeting of the City Council on the 25th day of September, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing ordinance is hereby approved.
_____________________
Maria Pacheco
Mayor
_____________________
Josie Camacho
City Clerk
223
Section 6, Item A.

Exhibit ‘1’
Proposed Rezone/Prezone (Rezone 2023-01)

EXISTING ZONING DISTRICT NEW ZONING DISTRICT
224
Section 6, Item A.

ATTACHMENT ‘I’
Tentative Subdivision Map 2023-01 Resolution
RESOLUTION NO. 24-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING TENTATIVE SUBDIVISION MAP 2023-01 FOR A PROPERTY LOCATED ON THE EAST SIDE OF SOUTH MODOC

AVENUE BETWEEN WEST CALIFORNIA AVENUE (PROPOSED) AND THE WEST CALIFORNIA

AVENUE ALIGNMENT/SAN JOAQUIN VALLEY RAILROAD
(APNS 020-160-36S, 020-041-45S, 020-041-47S)
WHEREAS, Whispering Falls, LLC, submitted Tentative Subdivision Map 2023-01 to subdivide approximately 21.89 acres identified as APN 020-160-36S, 020-041-45S, and 020-041- 47S located on the east side of South Modoc Avenue between West California Avenue (proposed) and the West California Avenue Alignment/San Joaquin Valley Railroad (“project site”); and WHEREAS, Tentative Subdivision Map 2023-01 will subdivide the 21.39 acresinto 119 lots, 118 of which will be for single-family units and one (1) will be for multi-family residential development consisting of 54 units and community center; and WHEREAS, Annexation 2023-01, Rezone 2023-01, and General Plan Amendment 2023-01, were considered concurrently by the City Council with Tentative Subdivision Map 2023-01; and WHEREAS, the City of Kerman, acting as the Lead Agency, prepared an Initial Study and Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (SCH #2024040147) (Environmental Assessment 2023-01) for the project, and this related Tentative Subdivision Map; and the project is in compliance with the California Environmental Quality Act (CEQA); and
WHEREAS, the City of Kerman on August 14, 2024, published a legal notice in compliance with State law concerning City Council consideration of Tentative Subdivision Map 2023-01 in the Kerwest News, a local newspaper of general circulation, which included the date and time of the City Council consideration of approval of the Tentative Subdivision Map. In addition, a public hearing notice was mailed to each property owner within at least 500 feet of the project site, indicating the date and time of the public hearing regarding the proposed project in accordance with State law; and
WHEREAS, on August 28, 2024, the City Council conducted a duly noticed public hearing on the General Plan Amendment 2023-01, Mitigated Negative Declaration 2023-01 and Mitigation Monitoring and Reporting Program (Environmental Assessment 2023-01), Rezone 2023-01, Annexation 2023-01, and Tentative Subdivision Map 2023-01; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred, and the City Council now desires to approve Tentative Subdivision Map 2023-01. 225
Section 6, Item A.

NOW, THEREFORE, the City Council of the City of Kerman resolves as follows:

1. Recitals. The City Council hereby finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

2. CEQA. The City Council previously adopted MND for the project (Environmental Assessment 2023-01). The MND identified the tentative subdivision map. The tentative subdivision map does not change the environmental assessment of the MND. Further, the MND was recently adopted. The City Council further finds that no subsequent review is required under CEQA Guidelines section 15162 as since that time no substantial changes have been proposed in the project which will require major revisions of the previously adopted MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Likewise, no substantial changes have occurred since that time with respect to the circumstances under which the project is undertaken which will require major revisions of the MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. There is also no new information, which was not known and could not have been known at the time of the adoption of the MND that the project will have significant effect not discussed in the MND. As such, the City Council finds Tentative Subdivision Map 2023-01 has already been fully assessed in accordance with CEQA, no subsequent review is required under CEQA Guidelines section 15162, and no further action or review is required under CEQA.

3. Subdivision Findings. The City Council determines that none of the findings required by the City’s Subdivision Ordinance and the California Subdivision Map Act Section 66474 that require the City to deny approval of a tentative map apply to this project, or that findings regarding flood protection cannot be made. To the contrary, the City Council finds, follows:
a. The proposed maps are consistent with applicable general and specific plans. The subdivision map is consistent with the General Plan as amended. Specifically, the project is supported by policies LU-3.4 Leapfrog Development and CIRC-1.10 Adequate Egress/Ingress. There is no applicable specific plan. The City Council has reviewed the analysis and all evidence presented in this matter and determines that proposed Tentative Subdivision Map 2023-01 is consistent with the General Plan as amended by General Plan Amendment 2023-01.
b. The design and improvement of the proposed subdivisions are consistent with applicable general and specific plans. As discussed above, Tentative Subdivision Map 2023-01 is consistent with the General Plan as amended by General Plan Amendment 2023-01.

Additionally, the proposed parcel sizes, as shown on the tentative subdivision map, meet the standards of the Zoning Ordinance, and are therefore of adequate size to accommodate the uses that will be permitted on them. The property will be improved with new or expanded street system for which the traffic study prepared for the project indicates will operate within acceptable levels of service with recommended improvements and the project will also be provided with full City services that meet all City standards.
226
Section 6, Item A.
c. That the site is physically suited for the type of development. There is no evidence that the site is not physically suited for the type of development proposed by the tentative subdivision maps. To the contrary, Tentative Subdivision Map 2023-01 was thoroughly analyzed and compared to the General Plan. Additionally, all relevant CEQA environmental concerns were addressed in the Initial Study and Mitigated Negative Declaration 2023-01 and Mitigation Monitoring and Reporting Program (SCH #2024040147) that was prepared for the tentative subdivision map, including flooding, drainage, traffic, biological resources, and other items dealing the with physical characteristics of the site and potential physical impacts of the proposed development.

The proposed tentative subdivision map complies with the allowable land use and residential planned land use density and acreage allocations, and with the goals, objectives, and policies contained in the General Plan. The proposed development meets all adopted standards and requirements, thus is physically suited for the type of development being proposed.
d. That the site is physically suited for the density of development. There is no substantial evidence in the record that the site is not suited for the density of development being proposed. Instead, each new lot will meet or exceed the minimum lot sizes required by the smart development zoning district. The tentative subdivision map is reviewed by City departments to ensure compliance with the development standards of the Zoning Ordinance. The proposed tentative subdivision map was thoroughly analyzed and compared to the Initial Study and Mitigated Negative Declaration 2023-01 and Mitigation Monitoring and Reporting Program (SCH #2024040147) that was prepared for the subdivision, which determined that the proposed density of development was appropriate for this site and is physically suited for the proposed development density. e. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. There is no evidence that the design or improvements will, in themselves, cause substantial environmental damage, etc. To the contrary, the Initial Study and Mitigated Negative Declaration 2023-01 and Mitigation Monitoring and Reporting Program prepared for the project analyzed the tentative subdivision map against all of the relevant CEQA environmental concerns, including fish and wildlife habitat. Further, the project has been conditioned with mitigation to reduce the significance of potential impacts on fish or wildlife or their habitat. As such, the design or improvements of the tentative subdivision map is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. f. The design of the subdivision or the type of improvements is not likely to cause serious public health problems. There is no substantial evidence in the record that the design of the tentative subdivision map will cause serious public health problems. Indeed, every new lot will be connected to City water, sewer and storm drainage systems which will minimize public health concerns. Mitigation has been imposed on the project to address potential environmental impacts. As such, the design of the tentative subdivision map or the type of improvements are not likely to cause serious public health problems. 227
Section 6, Item A.
g. That 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. The subdivision will be served by private streets that are connected to the proposed West California Avenue alignment dedicated to the City for public use and the parks and open spaces will be privately maintained by a Home Owners Association. The design of private streets and parks and open space within the project site have been thoroughly reviewed by City departments to ensure compliance with the General Plan and development standards of the Zoning Ordinance. Dedications for public right of way, etc., are required for public utilities, roadways, and other improvements.

There is no evidence in the record that the subdivision map or the type of improvements will conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.

4. Approval with Conditions. Based on the aforementioned findings, the City Council approves Tentative Subdivision Map 2023-01 (Exhibit ‘1’), subject to the conditions set forth in Exhibit ‘2’ (Tentative Subdivision Map 2023-01 conditions of approval) attached hereto.

5. Effective Date of Resolution. This resolution shall become effective immediately after the City Council approves Rezone 2023-01 and said ordinance adopting the same then becomes effective.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regular meeting held on the 25th day of September 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing resolution is hereby approved.
_____________________
Maria Pacheco
Mayor
_____________________
Josie Camacho
City Clerk
228
Section 6, Item A.

Exhibit ‘1’
Tentative Subdivision Map 2023-01
229
Section 6, Item A.

Exhibit ‘2’
Conditions of Approval for Tentative Subdivision Map
Whispering Falls Residential Development
Engineering Conditions of Approval
The conditions of development approval set forth herein include certain fees, dedication requirements, reservation requirements and other exactions. Pursuant to Section 66020(d) of the Government Code, these conditions constitute written notice of such fees, and a description of the dedications, reservations and other exactions. The applicant is hereby notified that the 90- day protest period commences from the date of approval of the development. If the applicant fails to file a protest regarding any of the fees, dedication requirements, reservation requirements or other exactions contained in this notice, complying with all the requirements of Section 66020, the applicant will be legally barred from later challenging such exactions.

The following are the conditions of approval imposed on the subject development. The applicant shall:

A. General

1. Obtain express written approval of the City Engineer for a deferment, modification, or waiver of any engineering conditions of approval.

2. Comply with all conditions set forth in Title 16 of the Kerman Municipal Code (Subdivisions).

3. Pay all applicable development impact fees at the rate in effect at the time of payment, prior to the issuance of Building Permit. The applicant may be eligible for fee credits or fee reimbursements for over-sizing of facilities or construction of other eligible facilities included in the City of Kerman’s Impact Fee Study. The City Engineer will determine the type and extent of improvements that are eligible for fee credits or reimbursements. For any improvements deemed eligible for fee credits or reimbursements, the applicant shall submit itemized quantity and unit costs for each item prior to acceptance of the improvements by the City.

4. Provide security in a sum to be determined by the City Engineer, prior to release of development permits, for the guarantee of improvements construction and against claims that may arise from contractors and material vendors.

5. Provide security in a sum to be determined by the City Engineer, prior to final acceptance of the off-site improvements by the City, for the guarantee and warranty of the improvements for a period of one (1) year following the completion and acceptance thereof by the City Council.
230
Section 6, Item A.

6. Provide a soils report or a waiver of soils report for approval by the City Engineer with the first submittal of the improvement plans.

7. Obtain and comply with encroachment permits from affected jurisdictions for all work performed within their rights-of-way and easements.

8. Comply with all the requirements of the local utility, gas, electric, telephone, cable, and other communication companies (Utilities). It shall be the responsibility of the applicant to notify Utilities to remove or relocate poles where necessary. The City will not accept first submittal of improvement plans without proof that the applicant has provided the improvement plans and documents showing all proposed work to the Utilities.

9. Underground all existing overhead and any new utility facilities located along the frontage of the development.

10. Contact the United States Postal Service and address all requirements 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. Applicant shall submit a copy of the Method of Delivery Agreement (MODA) to the City.

11. Install all improvements within public right-of-way and easements in accordance with affected jurisdictions standards, specifications, master plans, and record drawings.

12. Provide and pay for all compaction testing required by the City Engineer. Compaction test locations and depths shall be established by the City Engineer. Compaction test results shall be submitted in a format acceptable to the City Engineer, for review and approval.

13. Maintain the construction site, and any public streets fronting the site, clear of any construction or landscaping debris. The site shall not be used as a storage area for equipment, materials, or other items.

14. Remove all existing structures, trees, shrubs, etc., that are within or encroaching on existing or proposed rights-of-way or easements. Existing street improvements shall be preserved, at the discretion of the City Engineer.

15. Provide clean-up, street sweeping, and dust control during the construction of the development to the satisfaction of the City Engineer and Public Works Director. A deposit of $5,000.00 shall be submitted to the City to guarantee compliance. At any time, applicant is deemed to be non-compliant by the City Engineer or Public Works Director, the City may draw from said deposit to pay for necessary activities to bring the site into compliance.

16. Maintain pedestrian and vehicular access to all surrounding properties and buildings to the satisfaction of the City of Kerman Police Department, North Central Fire Protection District, and City Engineer. For developments occurring in phases, the applicant shall 231
Section 6, Item A.
submit a schedule showing the sequence of development within the area covered by the tentative map.

17. Assume responsibility for all contractor’s actions during the course of any work occurring on the site. Designate, in writing before starting work, an authorized representative who shall have complete authority to represent and to act for the applicant. Said authorized representative shall be present while work is in progress. During periods when work is suspended, arrangements acceptable to the City Engineer shall be made for any emergency work which may be required. When the applicant or his authorized representative is not present for any part of the work where it may be necessary to give directions, orders may be given by the City Engineer which shall be received and obeyed by the person(s) in charge of the particular work in reference to which the orders are given. Whenever orders are given to the applicant’s representative or superintendent or foreman to do work required for the convenience and safety of the general public, such work shall be done at the applicant’s expense.

18. Install monuments at all section corners, quarter section corners, all street centerline intersection points, angle points, and beginning of curves and end of curves on streets adjacent to or within the development prior to final acceptance of the development. Any existing section corner or property corner monuments damaged or destroyed by the 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. 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 the City Engineer evidence of the payment and receipt thereof by the engineer or surveyor.

B. Maps and Plans

1. Contact the City Engineer to setup a Pre-Submittal meeting prior to the initial submittal of the improvement plans. The applicant’s engineer is required to attend.

2. Submit a 18” x 26” final tract map, prepared by a registered civil engineer or licensed land surveyor, and adhering to Subdivision Map Act requirements and City of Kerman Municipal Code. The final tract map shall be drawn at a scale of 1"=100' and include the current filing fee, closure calculations, preliminary title report dated within 90 days of submittal, legal descriptions and drawings of required dedications. Upon approval of the final tract map, applicant shall submit a reproducible/electronic copy (PDF) to the City Engineer.

3. Submit a set of 24” x 36” construction plans prepared by a licensed Civil Engineer for review and approval of all required improvements prior to the release of any development permits. The plans shall include a site grading and drainage plan, landscaping and irrigation plans, and on-site and off-site utilities plan, if applicable, 232
Section 6, Item A.
showing locations and sizes of storm drain, sewer and water mains, laterals, manholes, meters, valves, hydrants, etc.

4. Submit a reproducible/electronic copy (PDF) and two (2) black line copies of the approved set of construction plans, and two (2) bound sets of the approved construction specifications, if any, prior to beginning any construction, or within ten (10) calendar days of approval.

5. Submit Pad Certification(s) prior to issuance of building permits.

6. Submit a PDF file of the approved set of construction plans revised to reflect all field revisions and marked "AS-BUILT" prior to City acceptance of the improvements.

C. Dedications and Street Improvements

1. Provide right-of-way acquisition or dedicate free and clear of all encumbrances and improve the following streets to City standards:
a) California Avenue
i) Dedicate 42’ north and south of center/section line (84’ total) for public street and utility purposes along development frontage.
ii) Dedicate 2’ pedestrian easement and 8’ landscape easement north and south of proposed right-of-way lines.
iii) Relinquish all direct vehicular access to California Avenue for lots backing or siding onto this street.
iv) Construct improvements north and south of center/section line in accordance with City Standard P-1 for a Collector Street and approved tentative map.

Improvements shall include curb and gutter, sidewalk, curb ramps, streetlights, landscaping, irrigation, and permanent paving.
v) Construct transitional paving as required.
b) Whitesbridge (SR 180) and Lassen Avenues Intersection Adhere to Caltrans requirements including those stated in the VRPA prepared Traffic Impact Study dated March 8, 2024 with approval date of March 15, 2024, including but not limited to:
i) Restripe of intersection approaches to include a left turn lane and shared through/right lane prior to exceeding 50% issuance of occupancy permits. ii) Install a traffic signal as may be warranted or pay equitable fair share. c) Madera (SR 145) and California (A Street) Avenues Intersection Adhere to Caltrans requirements including those stated in the VRPA prepared Traffic Impact Study dated March 8, 2024 with approval date of March 15, 2024, including but not limited to:
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Section 6, Item A.
i) Restripe of intersection east, west and southbound approaches to include a left turn lane and shared through/right lane prior to exceeding 50% issuance of occupancy permits.
ii) Install a traffic signal as may be warranted or pay equitable fair share.

2. Dedicate a 10’ public utility easement along all streets and all other locations requested by utility companies. Alternate widths must be approved in writing by all utility companies and a copy of said written approval shall be submitted to the City Engineer.

3. 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.

These designs shall be compared to the minimum section given below and approved by the City Engineer.

Street Designation Minimum Section
Collector Street(s) 3” HMA/6” CLII AB/6” CNS

4. Install standard barricades with reflectors at ends of streets abutting undeveloped property and any other locations to be specified by the City Engineer.

5. Install 2”x6” redwood header boards prior to street paving, at the end of any permanent pavement abutting undeveloped property.

6. Install temporary paved cul-de-sacs at the end of any dead-end streets, planned for future extension, longer than 150’. A 40’ radius shall be provided to allow turnaround of emergency equipment.

7. Provide for all striping, stenciling, pavement markers, delineators and signage required of all street improvements within the development. All traffic signs and street name signs shall be installed in accordance with City Standards and the CA MUTCD (latest edition). A striping and signage plan shall be included with the construction plans and submitted for review and approval by the City Engineer.

8. Provide corner cut-offs at all street intersections. Corner cut-offs shall be sufficient to provide for sight distances and accommodate curb ramps.

9. Repair/replace any broken or buckled curb, gutter, and/or sidewalk along the site frontage in kind to the satisfaction of the Public Works Department.

10. Provide street names complying with the recommendations of the Planning Commission upon approval of the Final Map as listed below. Names matching existing county roads or city streets must maintain the current suffix. When deemed practical, entry streets, culde-sacs, and courts should utilize the name of the nearest subdivision street.

Recommended names:
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Section 6, Item A.

A.
 Amanda  Bridget  Camille
 Evie  Madilyn  Max
 Michael  Paige  Robin
 Seth  Trent
D. Sanitary Sewer

1. Identify and abandon all existing septic systems per City Standards and any other governing regulations.

2. Construct a permanent lift station near the eastern property line of the development for serving it and upstream master plan boundary area.

3. Install sanitary sewer mains of the size and in the locations indicated below. The applicant’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements.
a) California Avenue: 15” sewer main along the development frontage. b) Interior Streets: 8” sewer mains throughout development.

Install one (1) 4” sewer service house branch to each lot within the development in accordance with City Standards. Additionally, install sanitary sewer main services to existing parcels’ property lines, not currently served, and fronting the proposed sanitary sewer main improvements.

4. Connect to the nearest 15” sanitary sewer main available to serve the development, located in California Avenue to the east of the development. The applicant’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements. Any alternative routing of sewer service must be approved by the City Engineer and supported by appropriate calculations.

E. Water

1. Identify and abandon all existing water wells per City Standards and any other governing regulations.

2. Dedicate a 10’ wide easement for all onsite water mains, hydrants, blow-offs, and water meters not located in dedicated rights-of-way.

3. Install water mains of the sizes and in the locations indicated below and provide an adequately looped water system, consisting of at minimum two connection points. The applicant’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements.
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Section 6, Item A.
a) California Avenue: 8” water main along the development frontage. b) Interior Streets: 8” water mains throughout development.

4. Install water services, size as necessary, to each lot within the development in accordance with City Standards. Water services shall be grouped at property lines. Additionally, install water services to existing parcels’ property lines, not currently served and fronting the proposed water main improvements.

5. Install landscape water service(s), size as necessary, to each public landscape area within the development in accordance with City Standards.

6. Install one (1) water sampling station in accordance with City Standards. The location shall be determined by the City Engineer.

7. Install fire services in accordance with North Central Fire Protection District requirements and City Standards. Fire services shall include a detector check.

8. Install fire hydrants at locations approved by the North Central Fire Protection District. Fire hydrants and curbs shall be painted as directed by the North Central Fire Protection District.

9. Do not perform water service connection to the City of Kerman water system until a bacteriological report has been accepted by the City Engineer.

F. Grading and Drainage

1. Provide a temporary on-site retention basin for storm water disposal. 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. Sizing calculations shall be provided on the grading plan. The owner of the property on which the temporary basin is to be constructed shall be responsible for maintenance. The temporary basin is solely for the convenience of the development.

2. Backfill the temporary basin within ninety (90) days after notice by the City that the permanent facility is available, and the temporary basing is no longer needed. In the event the owner fails to backfill said basin, the City may cause the basin to be backfilled. A lien to cover the cost of work will be placed on the property on which the basin is located. A covenant stating these requirements shall be prepared and recorded on the lot on which the basin is to be located.

3. Install storm drain mains of the sizes and in the locations indicated below where surface drainage is not possible. The applicant’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements. a) California Avenue: 15” storm main along the development frontage. b) Interior Streets: 8” water mains throughout development. 236
Section 6, Item A.

4. Design the site to drain to the proposed master planned storm drain facilities within the streets listed above. Any proposed storm drain system within the development shall connect to said facilities. Minimum storm drain pipe size within public right-of-way shall be 15”.

5. Submit hydrologic and hydraulic calculations (H&H) for any proposed storm drain system and submit with the grading plan for review and approval by the City Engineer. Form of H&H calculations shall be approved by the City Engineer prior to submittal.

6. Install concrete masonry block walls in accordance with City Standards, with a minimum height of 6 feet, and of a design and color approved by the City of Kerman Planning Department at the following locations:
a) California Avenue: along the development frontage.

Masonry block walls that retain more than 12” and/or are taller than 6 feet shall be designed by a registered civil engineer.

7. Show grade differentials between lots and adjacent properties and address in conformance with City Standards. Any retaining walls required shall be masonry construction. All retaining walls shall be designed by a registered civil engineer.

8. Submit a copy of Storm Water Pollution Prevention Plan with Notice of Intent, or Construction Rainfall Erosivity Waiver, if applicable, prior to issuance of Grading Permit.

The City is not a designated MS4 area and is regulated under the Construction General Permit Order 2022-0057-DWQ (CGP). Comply with all requirements of the NPDES General Permit, if applicable. Plans for these requirements shall be included in the construction plan set and shall be submitted to and approved by the City Engineer.

9. Submit a copy of the San Joaquin Valley Air Pollution Control District (SJVAPCD) Dust Control Plan or Construction Notification Form, if applicable, prior to issuance of a grading permit. The Project shall comply with all rules, regulations and conditions of approval imposed by the District. The applicant shall maintain a program of dust control to prevent air pollution as well as discomfort or damage to adjacent and surrounding properties. The applicant shall follow all requirements and recommendations made by the San Joaquin Valley Air Pollution Control District for dust and emission reduction.

G. Landscaping and Irrigation

1. Provide landscaping and irrigation as required herein. The landscaping and irrigation shall be installed in public right-of-way and all other areas reserved for landscaping. Plans for the required landscaping and irrigation systems shall be prepared by an appropriately qualified professional and conform to the City of Kerman Standard Drawings and 237
Section 6, Item A.

Specifications and the California Model Water Efficiency Ordinance. Public landscaping and irrigation shall be installed in the following locations:
a) California Avenue: Along the frontage development from back of curb to block wall and within the median island.

2. Install all landscape improvements prior to issuance of 50% of the development’s building permits.

3. Request annexation to the City’s Landscaping and Lighting Maintenance District (LLMD).

The property owner acknowledges and agrees that such request serves as a petition pursuant to California State Proposition 218 and no further election will be required for the establishment of the initial assessment. The assessment for each lot must be obtained from the City for the tax year following the recordation of the final map. The property owner shall consent to the first-year assessment and annual increases per the provisions of the LLMD. The property owner/applicantshall notify all potential lot buyers before they actually purchase a lot that this tract is a part of a LLMD. Said notification shall be in a manner approved by the City. The property owner/applicant shall supply all necessary assessment diagrams and other pertinent materials for the LLMD.

4. Contact and comply with all requirements of the Fresno Irrigation District (FID). This may include, but not be limited to, dedicating easements, piping or relocating any existing FID canals or 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 in the previously required set of construction plans and submitted to and approved by FID prior to the release of any development permits or recording of the final map. If an FID or private irrigation line is to be abandoned, the applicant shall provide waivers from all downstream users.

5. Identify all existing onsite agricultural irrigation systems either onsite or within public rights-of-way, whether FID or privately owned 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 the development. Therefore, the applicant shall bear all costs related to modification, relocation, or repair of any existing irrigation facilities resulting from or necessitated by the development. The applicant shall identify on the construction plans all existing irrigations systems and their disposition (abandonment, repair, relocation, and or piping) for approval by the City Engineer. The applicant shall consult with the FID 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 systems or for any service interruptions resulting from development activities.
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Section 6, Item A.

6. Indicate on construction drawings the depth, location and type of material of any existing FID irrigation line along the proposed or existing street rights-of-way or onsite. Any existing canals or ditches 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.

H. Miscellaneous

1. Obtain express written approval of the City Engineer for a deferment, modification, or waiver of any engineering conditions of approval.

2. Remove all existing structures, trees, shrubs, etc., that are within or encroaching on existing or proposed rights-of-way or easements. Existing street improvements shall be preserved, at the discretion of the City Engineer.

3. Install fence or walls in accordance with City Standards, with a minimum height of 6 feet, and of a design and color approved by the City of Kerman Planning Division at the following locations:
a) North property line of W California Ave., West property line of the Project along Modoc Ave., and south property line of the Project.

Masonry block walls that retain more than 12” and/or are taller than 6 feet shall be designed by a registered civil engineer.

4. Provide clean-up, street sweeping, and dust control during the construction of the development to the satisfaction of the City Engineer and Public Works Director. A deposit of $5,000.00 shall be submitted to the City to guarantee compliance. At any time, applicant is deemed to be non-compliant by the City Engineer or Public Works Director, the City may draw from said deposit to pay for necessary activities to bring the site into compliance.

5. Install monuments at all section corners, quarter section corners, all street centerline intersection points, angle points, and beginning of curves and end of curves on streets adjacent to or within the development prior to final acceptance of the development. Any existing section corner or property corner monuments damaged or destroyed by the 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. 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 the City Engineer evidence of the payment and receipt thereof by the engineer or surveyor. 239
Section 6, Item A.

6. Install other private and public improvements as may be required under Development Plan Permit 2023-01 and 02.

7. Provide Cross Access Easement agreements for shared driveways, where applicable, in a form approved by the City.

8. Comply with General Plan Policy LU-4.5 Right-to-Farm Disclosure.

9. Install subdivision signage complying with applicable Building & Fire Code and Section

17.30.070 of the Kerman Municipal Code.

10. The project shall comply with all applicable mitigation measures required by the Mitigated Monitoring and Reporting Program prepared for Mitigated Negative Declaration 2023-01, dated June 2024 (SCH #2024040147).

11. Any phasing of TSM 2023-01 shall be consistent with Title 16 of the Kerman Municipal Code and the Subdivision Map Act.

The conditions given herein are for the entire development. Additional requirements for individual phases may be necessary pending review by the City Engineer. 240
Section 6, Item A.

ATTACHMENT ‘J’
Annexation 2023-01 Resolution
RESOLUTION NO. 24-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN INITIATING ANNEXATION FOR THE WHISPERING FALLS RESIDENTIAL PROJECT CONSISTING OF SIX (6) PARCELS IDENTIFIED AS APNS 020-160-36S, 020-160-18S, 020-160-19S, 020-041-45S, 020-041-47S, AND 020-041-09U CONTAINING APPROXIMATELY 64.76 ACRES LOCATED ON THE EAST SIDE OF SOUTH MODOC

AVENUE BETWEEN WEST KEARNEY BOULEVARD AND THE WEST CALIFORNIA AVENUE ALIGNMENT/SAN JOAQUIN VALLEY RAILROAD (ANNEXATION 2023-01).

WHEREAS, the City of Kerman desires to initiate proceedings, pursuant to the CorteseKnox-Hertzberg Local Government Reorganization Act of 2000, Division 3, commencing with Section 56000 of the California Government Code; and
WHEREAS, Government Code section 56654 provides that “[a] proposal for a change of organization or a reorganization may be made by the adoption of a resolution of application by the legislative body of an affected local agency . . . [;]” and WHEREAS, the specific changes of organization requested consists of an annexation into the City of Kerman and detachment from the County of Fresno and a reorganization from the Kings River Conservation District into the Fresno Irrigation District of the parcels identified as APNs 020-160-36S, 020-160-18S, 020-160-19S, 020-041-45S, 020-041-47S, and 020-041-09U and the adjacent right-of-way on South Modoc Avenue and the West California Avenue Alignment (“Project Area”); and
WHEREAS, the Project Area includes one (1) active Williamson Act contract (APN 020-160- 19S) at the northernmost parcel (which is not currently proposed for development); and WHEREAS, the City will not succeed to the rights, duties, and powers of the County under the Williamson Act contract for APN 020-160-19S, as allowed under California Government Code 51243.5, and meeting all the criteria under Subsection (d)/(e); and WHEREAS, a map of the boundaries of the territory is set forth in Exhibit ‘1’ attached hereto and by this reference incorporated herein; and
WHEREAS, the affected territory proposed to be changed is uninhabited, and on this day contains 3 registered voters, according to information received from the County Elections Office; and
WHEREAS, the proposed annexation area is inside the Sphere of Influence (SOI) of the City of Kerman; and
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Section 6, Item A.

WHEREAS, the City has an agreement with the County of Fresno to comply with Revenue and Tax Code Section 99 regarding property tax revenue transfer upon annexation, which memorandum of understanding includes standards of annexations; and WHEREAS, the City does not propose any specific term and conditions for the proposed reorganization; and
WHEREAS, the reasons for this proposed annexation is to allow for the implementation of the City of Kerman 2040 General Plan adopted in July 2020 through the development of a residential project proposed by Whispering Falls, LLC. (“Developer”); and WHEREAS, the Project Area contains six (6) existing parcels containing approximately

64.76 acres within the City’s existing Sphere of Influence, and is located on the east side of South Modoc Avenue between West Kearney Boulevard and the West California Avenue Alignment/San Joaquin Valley Railroad (Exhibit ‘1’); and
WHEREAS, approval of the project requires approval of Annexation 2023-01, Rezone 2023-01, General Plan Amendment 2023-01, Tentative Subdivision Map 2023-01, Development Plans 2023-01 and 2023-02, Conditional Use Permit 2023-02, and Variance 2023-01; and WHEREAS, the City prepared an Initial Study, Mitigated Negative Declaration 2023-01 and Mitigation Monitoring and Reporting Program dated June 2024 (SCH #2024040147) for the project, and this related annexation; and
WHEREAS, the Planning Commission held a public hearing on July 15, 2024, to consider a recommendation to the City Council regarding annexation of the Project Area shown in Exhibit ‘A-1’; and
WHEREAS, in conjunction with the public hearing on July 15, 2024, the Planning Commission considered a recommendation of annexation for the Project Area, consistent with the General Plan, as amended; and
WHEREAS, after due consideration of all the items before it, the Planning Commission recommended the City Council initiate the annexation of the Project Area; and WHEREAS, all prerequisites for the initiation of proceedings, pursuant to the CorteseKnox-Hertzberg Local Government Reorganization Act of 2000, have been met; and WHEREAS, the City Council held a duly noticed public hearing on the project; and WHEREAS, after due consideration of all the items before it, the City Council now desires to adopt this resolution to initiate proceedings for the affected territory as set forth in Exhibit ‘1’.

NOW, THEREFORE, the City Council of the City of Kerman resolves as follows:
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Section 6, Item A.

1. Recitals. The City Council hereby finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

2. CEQA. The City Council previously adopted Mitigated Negative Declaration 2023-01 (MND) for the project. The MND identified the annexation. The annexation does not change the environmental assessment of the MND. Further, the MND was recently adopted by the City Council. The City Council further finds that no subsequent review is required under CEQA Guidelines section 15162 as since that time no substantial changes have been proposed in the project which will require major revisions of the previously adopted MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Likewise, no substantial changes have occurred since that time with respect to the circumstances under which the project is undertaken which will require major revisions of the MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. There is also no new information, which was not known and could not have been known at the time of the adoption of the MND that the project will have significant effect not discussed in the MND. As such, the City Council finds Annexation 2023-01 has already been fully assessed in accordance with CEQA, no subsequent review is required under CEQA Guidelines section 15162, and no further action or review is required under CEQA.

4. General Plan Consistency. The City Council finds that the annexation is consistent with the goals, objectives, and policies of the Kerman General Plan, as amended by General Plan Amendment 2023-01. In this regard, the City Council findsthat public necessity, convenience, general welfare, or good zoning practices justify annexation of the Project Area. Specifically, the annexation and pre-zoning change is consistent with the General Plan goals and policies, any operative plan, or adopted policy including LU-3.2 Urban Form; LU-3.3 Prevent Sprawl Development; and LU-5.4 New Incompatible Land Uses as described below and implements the planned residential land uses in the Project Area.
(a) General Plan Policy LU-3.2. Urban Form: To maintain the City’s compact form, this policy requires the City to maintain growth management controls by managing changes to the City’s Sphere of Influence and incorporated City limits. Future changes to the City’s Sphere of Influence are managed by two growth lines, “Area 1” and “Area 2.” The Project Area is in Area 1. In particular, the Project Area is within “Area 1” of the City’s Sphere of Influence.

LU 3.2 Urban Form allows the City to consider requests to amend the current Sphere of influence and City limits into Area 1 based on the ability of the City to provide services to the area. Further, for any change in Sphere of Influence or City Limits, the City is to consider 1) 80% of The change is also consistent with the purpose of the Development Code to promote the growth of the city in an orderly and sustainable manner, and to promote and protect the public health, safety, peace, comfort, and general welfare. The change is also necessary for good zoning practices to achieve the balance of land uses desired by the City and to provide sites for needed residential uses consistent with the General Plan.
(b) General Plan Policy LU-3.3. Prevent Spawl Development. The City shall direct new development to areas that are continuous to existing or approved development and 243
Section 6, Item A.
prevent sprawl development. The Project Area is contiguous to existing and approved development within City limits. Therefore, the Project is consistent. (c) General Plan Policy LU-5.4. New Incompatible Uses. This policy prohibits the City from introducing new incompatible land uses and environmental hazards into existing residential areas. The Project Area is adjacent to existing or approved residential development. The Project would result in new residential uses within a residential area and would not introduce incompatible land uses or environmental hazards. Therefore, the Project is consistent.

5. Findings for Annexation. The City Council finds, as follows:
(a) The proposed annexation is within the City’s adopted Sphere of Influence. This project is located within Area 1 of the proposed Sphere of Influence outlined in the General Plan and maintains growth management controls consistent with the General Plan including but not limited to LU-3.2, LU-3.3, LU-5.4. (b) The proposal must be consistent with city general and specific plans, including adopted goals and policies. The proposed annexation area will be consistent with the City’s General Plan goals and policies contingent upon approval of the entitlements, including the General Plan Amendment, Prezone/Rezone, Tentative Subdivision Map, Development Plans, Conditional Use Permit, and Variance, including but not limited to LU-2.1, LU-2.4, LU-2.5, LU-3.2, LU-3.3, LU-5.4, CIRC-1.10, and CIRC-2.1. (c) Pursuant to CEQA, the proposal must mitigate any significant adverse effect on continuing agricultural operations on adjacent properties, to the extent reasonable and consistent with the applicable general and specific plan. The City has prepared an Initial Study / Mitigated Negative Declaration (MND) for the project. The MND has concluded that no significant environmental impacts will occur as a result of the project. (d) At least 25% of the area proposed for annexation has an approved tentative subdivision map(s) (single-family residential) and an approved site plan (for uses besides single-family). The proposed annexation would meet this condition whereby at least 25% of the proposed annexation area will include an approved tentative map for single-family residential and approved development plan for multi-family residential. (e) The annexation is to fulfill the city’s Regional Housing Needs Allocation (RHNA) obligation which otherwise cannot be accommodated on lands currently within the city’s incorporated boundary. The proposed annexation would meet this condition whereby the City has contemplated this annexation area as a housing program necessary to fulfill RHNA obligations within the City’s 6th Cycle Housing Element Update. (f) The proposal would not create islands. Boundaries must ultimately minimize creation of peninsulas and corridors, or other distortion of boundaries. The proposed annexation area would not create islands. New boundaries would not create any peninsulas or corridors.
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Section 6, Item A.

4. Approval of Initiation of Reorganization. Based on the information provided above, the City Council of the City of Kerman approves initiation of annexation and reorganization for the entire Project Area that is not within the City limits, by adopting a resolution of application requesting the Local Agency Formation Commission of Fresno County to initiate proceedings for the change of organization of territory as described in Exhibit ‘1’, in the manner provided by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. The City Council authorizes and directs the City Manager to take all necessary steps to effectuate and initiate such reorganization proceedings, and to support Developer’s processing of the same at Developer’s sole cost and expense.

5. Effective Date of Resolution. This resolution shall become effective immediately after the City Council approves Rezone 2023-01 and said ordinance adopting the same then becomes effective. If said ordinance does not become effective within 65 days of the adoption of this Resolution, or the ordinance is not otherwise adopted by the City Council, then Annexation 2023-01 shall be returned to the City Council for further consideration and a final decision.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regular meeting held on the 25th day of September 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing resolution is hereby approved.
_____________________
Maria Pacheco
Mayor
_____________________
Josie Camacho
City Clerk
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Section 6, Item A.

Exhibit ‘1’
Proposed Area of Annexation (Annexation 2023-01)
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Section 6, Item A.

STAFF REPORT
MEETING DATE: September 25, 2024
PRESENTER: Jenna Chilingerian, Contract Planner
SUBJECT: Crown-Schaad Residential Project: Rezone 2023-02, Mitigated Negative Declaration 2023- 03, Annexation 2023-02, and Tentative Subdivision Map 2023-02, pertaining to the Crown-Schaad residential development, located on the North side of West Kearney Boulevard between South Modoc and South Siskiyou Avenues (APNs 020-140-22S and 020-140-23S) (JC) RECOMMENDATION: That the Council consider the second reading of ordinance; adoption of the Annexation Initiation resolution and Tenative Subdivision Map resolution; deliberate; and by motion:

1. Adopt an ordinance of the City Council of the City of Kerman amending the official City of Kerman zoning map to pre-zone approximately 9.69 aces (APN 020-140-22S) to the SD-R-4.5 (Smart Development Combining District – Residential – minimum 4,500 square feet) Zone District and rezone approximately 19.65 acres (APN 020-140-23S) from the R-1-7 (SingleFamily Residential) Zone District to the SD-R-4.5 Zone District located on the north side of West Kearney Boulevard between South Modoc and South Siskiyou Avenues (Rezone 2023- 02); and adopt Mitigated Negative Declaration (ENV 2023-03) and Mitigated Monitoring and Reporting Program; and

3. Adopt a resolution of the City Council of the City of Kerman approving Tentative Subdivision Map 2023-02 located on the north side of West Kearney Boulevard between South Modoc and South Siskiyou Avenues (APNs 020-140-22S and 020-140-23S).

EXECUTIVE SUMMARY:

The Council conducted a duly noticed public hearing on August 28, 2024, on the Crown-Schaad Residential Project which is described in the subject line above. At the conclusion of the public hearing and after deliberations, the Council introduced the ordinance that amends the Zoning Map.

The related annexation initiation and tentative subdivision map were also presented at the hearing; however, Council did not take action on those matters. Staff has reviewed and addressed the issues (see below) raised at the meeting and continues to recommend approval. At this meeting, the Council is asked to (i) conduct the second reading and adopt the ordinance, (ii) adopt the resolution approving the tentative subdivision map, and (iii) adopt the resolution initiating annexation as noted in the Recommendations above.
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Section 6, Item B.

BACKGROUND:

Joseph Crown Construction and Development (Applicant) proposes Annexation (ANX) 2023-02, Rezone (REZ) 2023-02, Tentative Subdivision Map (TSM) 2023-02, and Development Plan Permit (DPL) 2023-03 pertaining to two (2) parcels (APNs 020-140-22S and 020-140-23S) that total approximately 29 acres located on the north side of West Kearney Boulevard between South Modoc and South Siskiyou Avenues.

The project would result in the annexation of approximately 9.69 acres from the County of Fresno to the City of Kerman, in addition to the adjacent right-of-way on West Kearney Boulevard, and detach the subject are from the Kings River Conservation District into the Fresno Irrigation District. The project would also result in the prezoning of approximately 9.69 acres and a rezone of approximately

19.65 acres to the smart development zone district, specifically the Smart Devleopment Combining District – Residential – Minimum 4,500 square feet (SD-R-4.5) zone district.

The project would also subdivide two (2) parcels totaling approximately 29 acres (APNs 020-140-22S and 020-140-23S) into 163 single-family lots. The proposed development plan would facilitate the 163-unit single-family residential development in accordance with the smart development zone district standards.

Although not before the City Council, note that Development Plan Permit (DPL) 2023-03 was contingently approved by the Planning Commission at a special meeting on July 15, 2024. The approval was contingent based upon Council initiation of ANX 2023-02 and approval of REZ 2023-02 and TSM 2023-02. DPL 2023-03 would facilitate the development of a 163-unit single-family residential development and related on/off-site improvements (e.g., roadways, sidewalks, landscaping) in accordance with development standards contained within KMC Chapter 17.18.030.

Smart Development (SD) Combining District, together with standards specified in Chapter 17.28.

Parking, Loading, and Access and Chapter 17.20. General Site Planning and Development Standards.

Furthermore, at its regular meeting on August 28, 2024, the Council was asked to introduce the ordinance that both amends the Zoning Map and approves Mitigated Negative Declaration (CEQA).

The related annexation initiation and tentative subdivision map were also presented at the meeting on August 28, 2024. At this meeting on September 25, 2024, the Council is asked to adopt the ordinance and adopt the resolutions initiating annexation and approving the tentative subdivision map as noted in the Recommendations above.

Applicable Codes and Procedures:

KMC 16.28 – Subdivision Maps
KMC 16.32 – Tentative Maps
KMC 17.116 – Public Notices and Hearings
KMC 17.112 –Amendments
KMC 17.18.030 – Smart Development (SD) Combining District KMC 17.20 – General Site Planning and Development Standards Public Resource Code – 21000 et seq.
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Section 6, Item B.

Site Location
The Project site is currently in the jurisdiction of both the County of Fresno, California and the City of Kerman, California. The site is located on the north side of West Kearney Boulevard between South Modoc and South Siskiyou Avenues, consisting of two (2) parcels that total approximately 29 acres.

The site is identified by the Fresno County Assessor as Assessor’s Parcel Number (APNs) 020-140-22S (9.69 acres) and 020-140-23S (19.65 acres). The Vicinity Map is shown in Attachment ‘A’.

Setting and Surrounding Uses
As referenced in Table 1 the Project site is surrounded by agricultural land to the north, west, and south, and residential uses to the north, east, and south. The properties to the north, east and south are planned for residential uses within the City of Kerman Sphere of Influence. The properties to the north, west, and south are planned for agricultural uses within the County of Fresno. The Aerial Photograph and Physical Setting of the Project site is shown in Attachment ‘B’.

Table 1. Existing Land Use, General Plan Designation, and Zone District of Surrounding Properties Direction
from site
Existing Land Use General Plan Designation Zone District North Vacant/Single-Family Parks/Medium Density
Residential
Park/R-1-7
East Single-Family Medium Density Residential R-1-7
South Agriculture/SingleFamilyAgriculture (County)/Medium Density Residential
AE-20 (County)/R-1 (City)
West Agriculture Agriculture (County) AE-20 (County)
General Plan Land Use Designation
The Project site has a City of Kerman 2040 General Plan land use designation of MDR – Medium Density Residential (29 acres). The General Plan Land Use Map for the Project site is shown in Attachment ‘C.’ The MDR land use designation “allows for residential development at a density of up to 12 units per gross acre. Development in this category could include a mix of single‐family and multifamily residences, including duplexes, triplexes, fourplexes, and mobile homes.” The MDR land use designation is compatible with the R-1-7, R-1-12, R-2, SD-R-5, SD-R-4.5, SD-R-3.5, PD-R-7, and PDR-12 zoning districts. Typical uses of this land use designation include single-family detached dwellings, small-lot multifamily dwellings including duplexes, triplexes, fourplexes, and mobile homes, accessory dwelling units, and compatible public and quasi-public uses (e.g., churches, daycare centers, community centers, parks, and schools).

Zone District
A portion of the Project site is outside City limits (APN 020-140-22S) and located within the County of Fresno Agricultural Exclusive – 20 Acres (AE-20) zone district. The other portion of the Project site is located within the City of Kerman Single-Family Residential (7000 SF Min. Lot) (R-1-7) zone district.

The Zoning Map (Existing) for the Project site is shown in Attachment ‘D’. Because a portion of the site is outside City limits, proposed development would require annexation and a pre-zone/rezone of the site to a zoning district consistent with the City of Kerman 2040 General Plan planned land use designation for the site. Consistent zoning districts for the MDR land use designation are R-1-7, R-1- 12, R-2, SD-R-5, SD-R-4.5, SD-R-3.5, PD-R-7, and PD-R-12. 249
Section 6, Item B.

ANALYSIS:

Annexation 2023-02
Annexation (ANX) 2023-02 would annex approximately 9.69 acres (APN 020-140-22S) from the County of Fresno to the City of Kerman, in addition to adjacent right-of-way on West Kearney Boulevard and detach the subject area from the Kings River Conservation District and into the Fresno Irrigation District.

The annexation boundary is shown in Attachment ‘H’. There is one (1) parcel within the boundary, which is related to Tentative Subdivision Map 2023-02 and Development Plan Permit 2023-03. This parcel would be pre-zoned to the Smart Development Combining District – Residential – minimum 4,500 square feet (SD-R-4.5) zoning district, consistent with the underlying General Plan land use designation, Medium Density Residential.

The annexation application has been considered by the Fresno Area Local Formation Commission (LAFCO) for review and comments. Per LAFCO, the annexation would comply with LAFCO policies and objectives. Additionally, City staff has issued notice of intent to annex and requested a finding of consistency pursuant to the Second Amendment and Restated Memorandum of Understanding (MOU) between the County of Fresno and City of Kerman. The County of Fresno has responded that they will hold the City’s request for finding of consistency with the City/County MOU until after City Council approves the land use and subdivision entitlements. According to the County, this is necessary for the County to find that entitlements have been approved on the lands proposed for annexation.

Rezone 2023-02
Rezone (REZ) 2023-02 would pre-zone approximately 9.69 acres (APN 020-140-22S) and rezone approximately 19.65 acres (APN 020-140-23S) to the Smart Development Combining District – Residential – minimum 4,500 square feet (SD-R-4.5) zoning district, pending approval of Annexation 2023-02. The proposed zoning is shown in Attachment ‘G’. The zoning district would be consistent with the underlying planned land use, Medium Density Residential.

The SD district is structured to encourage a comprehensive development that is superior to traditional development of the recent past by increasing walkability and connectivity while achieving the higher net density and preservation of open space goals set forth by the general plan. To the greatest extent possible, attention shall be given to greater design details and the average density set forth by each individual zone district shall be achieved through a mix of residential housing types and sizes. As described in the Development Standards section below, the proposed development as conditioned will comply with the purpose and intent of the zone district. 250
Section 6, Item B.

Vesting Tentative Subdivision Map 2023-02
Vesting Tentative Subdivision Map (TSM) 2023-02 would subdivide APNs 020-140-22S and 020-140- 23S into 163 single-family lots. The lot areas conform to the standards of development as defined by the Zoning Ordinance for the smart development zone districts.

Ten (10) foot public utilities easements are proposed throughout the development in the rights-ofway. An eight (8) foot landscape easement is proposed in West Kearney Boulevard along the site’s southern boundary.

Construction phasing is proposed as shown in Attachment ‘I’. Construction would occur in two phases, with phase 1 accounting for construction of the main access point and entry street, approximately 109 single-family units and portions of the residential streets throughout this portion of development. Phase 2 construction would include the remaining 55 single-family units and residential streets.

LU-3.4 Urban Form: To maintain the City’s compact form, the City shall maintain growth management controls by managing changes to the City’s Sphere of Influence and incorporated City limits. Future changes to the City’s Sphere of Influence will be managed by two growth lines, shown on Figure 3‐2.)
The portion of the project site that is outside City limits is within the “Area 1” growth line of the Sphere of Influence as identified in the General Plan. Based on the site’s proximity to City limits and existing infrastructure, the City can provide services to the site upon annexation to the city. Further, the Project meets several considerations of General Plan Policy LU-3.2 including meeting residential housing needs by offering wider and more diverse range of housing and community needs by providing open space and recreational facilities. In addition, there are no obstacles to growth such as cost of infrastructure or Williamson Act properties. Therefore, the project maintains growth management controls consistent with the General Plan and is consistent with General Plan Policy LU-3.2.

LU-3.3 Prevent Sprawl Development: The City shall direct new development to areas that are contiguous to existing or approved development and prevent sprawl development.

The proposed project is contiguous to existing and approved development within city Limits and does not encourage urban sprawl. Therefore, the project is consistent with General Plan Policy LU-3.3. 251
Section 6, Item B.

LU-5.4 New Incompatible Land Uses: The City shall prohibit the introduction of new incompatible land uses and environmental hazards into existing residential areas.

The project site is adjacent to existing or approved residential development. The Project would result in new residential uses within a residential area and would not introduce incompatible land uses or environmental hazards. Therefore, the project is consistent with General Plan Policy LU-5.4.

Access, Circulation, and Off-Site Improvements
Vehicular access to the site would be provided by two (2) points of ingress/egress from West Kearney Boulevard and South Kenneth Avenue. West Kearney Boulevard and South Modoc Avenue near the project site are designated as collectors in the General Plan Circulation Element. Internal circulation within the site would be provided by public streets and pedestrian walkways.

The Project would also result in off-site improvements along West Kearney Boulevard including concrete curb, gutter, sidewalk, paving, and an eight-foot landscape easement per City of Kerman Public Works Standards. The City will also require an extension of the Class II Bikeway along West Kearney Boulevard that would connect to the existing Class II facility to the east of the site. These improvements will be consistent with the General Plan and Active Transportation Plan.

A traffic impact study was prepared for the project by JLB Traffic Engineering, Inc. dated December 14, 2023. The study evaluated projected trip generation based upon the trip generation rates and potential impacts associated with development occurring on the subject property in accordance with the proposed project. The project trip generation was determined using trip generation rates from the Institute of Transportation Engineers (ITE) Trip Generation Manual (11th Edition) for daily, weekday AM (7:00-9:00am), and PM (4:00-6:00pm) peak hours. The single-family units are anticipated to generate approximately 1,537 average daily trips. The weekday AM peak hour trips generated for the units is estimated to be 114 trips. The weekday PM peak hour trips generated for the units is estimated to be 153 trips.

The analysis contained in the traffic impact study indicates that roadway improvements may be desirable to support the implementation of the project as well as to accommodate other traffic increases expected in the study area in 2040 scenarios. Signal warrant was met on Stanislaus Avenue/B Avenue, David Avenue/Kenneth Avenue and State Route 180/Siskiyou Avenue. The recommended improvements to achieve acceptable levels of service are listed below. The proposed Project will be required to implement these improvements to City Standards.  Stanislaus and B Avenue/David and Kenneth Avenue:
o Add a traffic calming feature, such as a mini circle, at the internal street intersections  Kearney Boulevard and Kenneth Avenue:
o Modify the raised median island on the west left of the intersection to accommodate an eastbound left turn pocket with a storage capacity of 100 feet plus a bay taper to City of Kerman standards.
 State Route 180 and Siskiyou Avenue:
o Near term operating year 2025: stripe a second eastbound through lane, add a northbound right-turn lane, modify the northbound through-right lane to a through lane, and modify the traffic signal to accommodate the additional lanes. 252
Section 6, Item B.
o Horizon Year 2040 without project conditions/with project conditions: stripe a second eastbound through lane, add a northbound right-turn lane, modify the northbound through-right lane to a through lane, and modify the traffic signal to accommodate the change in lanes.

Public Utilities and Service Systems
The project will tie into existing municipal water, sewer, and storm drain systems through the extension of existing systems. Sanitary sewer service would be provided through connections to existing services in West Kearney Boulevard and South Kenneth Avenue. Domestic water service will be provided through a potable water well on the proposed lot on the northeast corner of West Kearney Boulevard and South Kenneth Avenue. Sewer and water lines will connect to each unit throughout the site. Associated electric, water, natural gas, and related infrastructure is available and will serve the project site as needed.

Other Department Comments
The project proposal wasreviewed by various other City Departments and affected outside agencies.

The responses and recommendations have been incorporated into the recommended conditions of approval included in this report. Comments are standard and can be found in Attachment ‘E’.

ENVIRONMENTAL REVIEW:

A consultation list of tribes with traditional lands or cultural places located within Fresno County was requested and received from the California Native American Heritage Commission (NAHC) on August 10, 2023. The listed tribes include Big Sandy Rancheria of Western Mono Indians, Cold Springs Rancheria of Mono Indians, Dumna Wo-Wah Tribal Government, Kings River Choinumni Farm Tribe, North Valley Yokuts Tribe, Table Mountain Rancheria, Tule River Indian Tribe, and Wuksache Indian Tribe/Eshom Valley Band. The NAHC also conducted a Sacred Lands File (SFL) search which was negative.
253
Section 6, Item B.

The City of Kerman conducted formal tribal consultation for the proposed Project pursuant to AB 52 (Chapter 532, Statutes 2014) on June 26, 2023, utilizing the consultation list of tribes received from the NAHC. The same tribes listed above were included in the formal consultation. Consultation for AB 52 ended on July 25, 2023. No response was received.

The Planning Commission has recommended approval of the Mitigated Negative Declaration.

PLANNING COMMISSION REVIEW:

The Planning Commission held a public hearing to consider the project at a special meeting on July 15, 2024. No members of the public other than applicant and owner representatives addressed the Commission on this item. On a 5-0 vote, the Planning Commission adopted Resolution No. 2024-19 (ANX 2023-02 and ENV 2023-03); Resolution No. 2024-20 (REZ 2023-02); Resolution No. 2024-21 (TSM 2023-02); and Resolution No. 2024-22 (DPL 2023-03), contingently approving DPL 2023-03 and recommending that the City Council initiate ANX 2023-02, adopt ENV 2023-03, and approve REZ 2023-02 and TSM 2023-02. The Planning Commission resolutions are provided in Attachment ‘F’.

PUBLIC NOTICE AND PUBLIC INPUT:

Notice of City Council Meeting
Public notification regarding this Project was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the hearing. The City also published notice of the ordinance 5 days prior to the meeting in the Fresno Bee and at City Hall in accordance with State Law, Government Code Section 36933.

Public Input Received
Letter Received on July 15, 2024
The City was in receipt of an email from a community member on Monday, July 15, 2024, after the Planning Commission meeting. A copy of the email is provided in Attachment ‘J’. The City Manager responded via email to confirm receipt of the email and the City’s incorporation of the email as part of the packet of materials at the City Council hearing, and to inform the community members of the scheduled date for the City Council hearing and the website of where the community member can view posted agendas.

Public Input Received at Hearing on August 28, 2024
During the public hearing on August 28, 2024, input was received from three (3) members of the public. An aerial overlay map is provided in Attachment ‘J’, showing the proposed subdivision. The concerns and responses are summarized as follows.
 Susan Kilsdonk: Susan Kilsdonk, Bella Palma resident, spoke of concerns about three (3) homes proposed on the other side of their rear property line block wall, the density of the development, the square footage of the homes, square footage of the lots, and the likelihood of development decreasing their property values. During the meeting, City staff and the Engineer/Designer provided clarifications that the proposed development was consistent with the underlying land use designation and zoning regulations; and therefore, consistent 254
Section 6, Item B.
with the permitted density..
 Gsukhjeet (“Jasmine”) Thandi: Jasmine Thandi, relative of Bella Palma resident, asked whether there would be an alley separating the proposed subdivision from the Bella Palma community. They also spoke of concerns related to another Crown subdivision off 180/Siskiyou, such as parking congestion. During the meeting, City staff and the Engineer/Designer provided clarifications that an alley between the neighborhoods is not proposed.
 Ken Samarin: Ken Samarin, neighboring property owner and farmer, spoke of concerns about a proposed wooden fence on the western boundary of the proposed subdivision and not receiving a public hearing notice for the project. They expressed preference for an alternative fence, such as a block wall or other non-wood material. During the meeting, City staff and the Engineer/Designer provided clarifications that a right-to-farm covenant would be recorded with the subdivision. City staff was also able to confirm that Ken Samarin correctly received the public hearing notice for the project.

Follow Up Correspondence since August 28, 2024 and Staff Responses to Issues Raised.

Since the August 28, 2024, meeting, Joseph Crown (Applicant) and Jose Lemus (Engineer/Designer) have reached out to each individual to discuss their concerns and find resolution. Summaries of the concerns and responses are provided below.

Susan Kilsdonk contacted the Community Development Department on September 6, 2024, and sent a letter, received by the City on September 11, 2024, reiterating her concerns about the proposed subdivision. A copy of the letter is provided in Attachment ‘J’. Responses to the concerns in the letter are provided as follows.

Staff’s Further Clarification and Response on Issues Raised.  Lot Size Discrepancy: The Project site has a General Plan land use designation of MDR – Medium Density Residential which allows a density range of 5.0 to 12.0 units per acre.

Development in this category could include a mix of single-family and multi-family residences, as permitted in the compatible zoning districts which include R-1-7, R-1-12, R-2, SD-R-5, SDR-4.5, SD-R-3.5, PD-R-7, and PD-R-12. The Project proposes to pre-zone/rezone the site to the SD-R-4.5 zone district, which allows a minimum of 4,500 square foot lots, and to develop the site with 163 single-family lots, which would equate to a density of 5.62 units per acre. The proposed zone district and the proposed density are both consistent with the underlying land use designation. Therefore, there is no discrepancy with zoning or land use.  Negative Impact on Property Values: These concerns were addressed at the August 28, 2024, meeting. As the Engineer/Designer described, there should not be a comparison used in an appraisal between a 1,600 square foot home and a 5,000 square foot home, as exists in the Bella Palma neighborhood. The impact on property values appears speculative. Any time something different is proposed there may be concerns regarding the impact on property values. The city has followed all appropriate development standards, and the project meets the standards. It is important to note that over the last ten years, there has been a major shift in land use with the State of California mandating that cities to allow for smaller home and lot sizes, higher residential density, and create more affordable housing in general. The state 255
Section 6, Item B.
can impose penalties for cities’ failure to comply with housing laws.  Privacy Concerns: These concerns were addressed at the August 28, 2024, meeting. The proposed subdivision will have single-story homes with 10-foot rear yard setbacks, and the six (6)-foot block wall. The Bella Palma community has two (2)-story homes with 13-foot rear yard setbacks, and the six (6)-foot block wall. As to the issue of adding alleys, Ms. Thandi and Jose Lemus have been in contact since the August 28, 2024, meeting. The conversation has been around the potential for an alley or trail buffer between the proposed subdivision and the Bella Palma community. The Engineer/Design team has indicated that creating a buffer as an alley or trail between the neighborhoods is a potential safety issue and will not occur. We must note that Kerman, like most cities in California no longer utilizes alleys as part of its development standards. Alleys create nuisances, unlawful dumping, and noise.  Setback Reductions: The Project meets minimum setback requirements as proposed and verified in DPL 2023-03, which was contingently approved by Planning Commission on July 15, 2024. By meeting the density, lot size, and setback requirements, the proposed lots are within the development allowances of the General Plan and Kerman Municipal Code.  Incorrect Lot Lines and Block Wall Placement: The survey conducted for purposes of the tentative subdivision map did indicate that the lot lines of the Bella Palma community are encroaching into the proposed subdivision. However, these types of inconsistencies are generally corrected during the final map process when all legal descriptions are verified.  The Fence: Joseph Crown reached out to Mr. Samarin after the August 28, 2024, meeting and offered to pay for a permanent 12” grass curb which would alleviate the bottom grass board and first 12” above grade would be solid concrete. Additionally, all fence poles on the western border to Ken Samarin’s property will be metal poles with all metal connecting hardware with the fences, built with the slats exterior facing. The metal galvanized poles and metal galvanized hardware have life spans of over 70 years. The wood slats untreated and unsealed will last 10-15 years. Joseph Crown proposes sealing the fences to extend their life expectancy 20-30 years with little to no maintenance. There will also be a right-to-farm covenant recorded with the subdivision map.

CITY COUNCIL FINDINGS:

Rezone 2023-02
To approve REZ 2023-02, the City Council must make the following findings pursuant to KMC 17.112.

Amendments.

1. The change is consistent with the General Plan.

The proposed use and development of the site is consistent with the General Plan. Upon approval of the annexation and pre-zone/rezone to the smart development zone district, the development of the site with residential uses and at densities allowed within the underlying land use designations will be consistent with the General Plan. Further, the pre-zoning and zoning change 256
Section 6, Item B.
is consistent with the General Plan goals and policies including General Plan Policy LU-3.2 Urban Form, LU-3.3 Prevent Sprawl Development, and LU-5.4 New Incompatible Land Uses as described below.

The portion of the project site that is outside City limits is within the “Area 1” growth line of the Sphere of Influence as identified in the General Plan. Based on the site’s proximity to City limits and existing infrastructure, the City is able to provide services to the site upon annexation to the city. Further, the Project meets several considerations of General Plan Policy LU-3.2 including meeting residential housing needs by offering wider and more diverse range of housing and community needs by providing open space and recreational facilities. In addition, there are no obstacles to growth such as cost of infrastructure or Williamson Act properties. Therefore, the project is consistent with General Plan Policy LU-3.2.

The portion of the project site that is outside City limits is contiguous to existing and approved development within City limits. Therefore, the project is consistent with General Plan Policy LU3.3.

2. The change is consistent with the purpose of the Zoning Ordinance to promote the health, safety, and welfare of the community.

The project has been reviewed by the various City departments and evaluated for conformity with the requirements of the Zoning Ordinance. The proposed use and development are consistent with the applicable development standards. Any other improvements or mitigations required for the health, safety, and welfare of the community has been applied to this project as mitigation measures and conditions of approval. As a result, this project will not adversely affect the public health, safety, and welfare of the community.

3. There will not be significant effects upon the quality of the environment and natural resources.

Annexation 2023-02
To approve initiation of ANX 2023-02, the City Council must make the following findings pursuant to the City/County Second Amended and Restated MOU standards for annexation:

1. The proposed annexation is within the City’s adopted Sphere of Influence.

This project is located within Area 1 of the proposed Sphere of Influence outlined in the General Plan and maintains growth management controls consistent with the General Plan. In particular, 257
Section 6, Item B.
the based on the site’s proximity to City limits and existing infrastructure, the City is able to provide services to the site upon annexation to the city. Further, the Project meets several considerations of General Plan Policy LU-3.2 Urban Form including meeting residential housing needs by offering wider and more diverse range of housing and community needs by providing open space and recreational facilities. In addition, there are no obstacles to growth such as cost of infrastructure or Williamson Act properties.

2. The proposal must be consistent with city general and specific plans, including adopted goals and policies.

The proposed annexation area will be consistent with the City’s General Plan goals and policies including General Plan Policy LU-3.2 Urban Form, LU-3.3 Prevent Sprawl Development, and LU5.4 New Incompatible Uses, contingent upon approval of the entitlements, including the Prezone/Rezone, Tentative Subdivision Map, and Development Plan. In particular, the Project site is in Area 1 of the proposed Sphere of Influence outlined in the General Plan, which allows the City to consider amendment and annexation requests into Area 1 based on the ability of the City to provide services to the area. Based on the site’s proximity to City limits and existing infrastructure, the City is able to provide services to the site upon annexation to the city. Further, the Project meets several considerations of the General Plan including meeting residential housing needs by offering wider and more diverse range of housing and community needs by providing open space and recreational facilities. In addition, there are no obstacles to growth such as cost of infrastructure or Williamson Act properties. The Project site is also contiguous to existing and approved residential development within City limits and would result in new residential uses within a residential area and thereby would not introduce incompatible land uses or environmental hazards.

The City has prepared an Initial Study / Mitigated Negative Declaration (MND) for the project. The MND has concluded that no significant environmental impacts will occur as a result of the project.

4. At least 25% of the area proposed for annexation has an approved tentative subdivision map(s) (single-family residential) and an approved site plan (for uses besides single-family).

The proposed annexation would meet this condition whereby at least 25% of the proposed annexation area will include an approved tentative map for single-family residential.

5. The annexation is to fulfill the city’s Regional Housing Needs Allocation (RHNA) obligation which otherwise cannot be accommodated on lands currently within the city’s incorporated boundary.

6. The proposal would not create islands. Boundaries must ultimately minimize creation of peninsulas and corridors, or other distortion of boundaries.

The proposed annexation area would not create islands. New boundaries would not create any peninsulas or corridors.

Tentative Subdivision Map 2023-02
To approve the proposed Tentative Subdivision Map 2023-02, the City Council must determine that the proposed map is consistent with the General Plan, Zoning Ordinance, and the Subdivision Map Act subject to the following consistency findings:

1. The proposed map is consistent with the applicable General Plan, Subdivision Ordinance, Specific Plan, and the Subdivision Map Act.

The proposed map is consistent with the procedural requirements of the Subdivision Map Act and complies with the 2040 Kerman General Plan, Subdivision Ordinance, and Subdivision Map Act.

There is no specific plan applicable to the site.

The proposed use and development of the site is consistent with the General Plan. Upon approval of the annexation and pre-zone/rezone to the smart development zone district, the development of the site with residential uses and at densities allowed within the underlying land use designations will be consistent with the General Plan. Further, the pre-zoning and zoning change is consistent with the General Plan goals and policies including General Plan Policy LU-3.2 Urban Form, LU-3.3 Prevent Sprawl Development, and LU-5.4 New Incompatible Land Uses as described below.

The portion of the project site that is outside City limits is contiguous to existing and approved development within City limits. Therefore, the project is consistent with General Plan Policy LU3.3.

2. The design or improvement of the proposed land division is consistent with applicable general plan and specific plans.
259
Section 6, Item B.

3. That the site is physically suitable for the proposed type of development.

The subdivision map will create 163 parcels to support single-family residential uses. The site is physically suitable for such proposed type of residential use. Development is required to be consistent with the General Plan, Zoning Ordinance, Tentative Subdivision Map, and Development Plans, and there are no unusual conditions that would render the site physically unsuitable for such subsequent type of consistent development.

4. That the site is physically suitable for the proposed density of development.

The subdivision map will create 163 parcels to support single-family residential uses with ample open space. The site is physically suitable for such proposed density of development. All development is required to be consistent with the General Plan, Zoning Ordinance, Tentative Subdivision Map, and Development Plans. Such consistency would likewise require consistency with setbacks, building code, and other requirements that would ensure suitable density of development.

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

An initial study was prepared for this project consistent with the California Environmental Quality Act (CEQA), which resulted in a proposed mitigated negative declaration (MND). Per the MND, the project will not have a significant, adverse effect on the environment as mitigated. Therefore, the tentative subdivision map would not result in a substantial adverse effect to special status species, riparian or other natural habitat, wetlands, movement of migratory fish or wildlife species, or conflict with any local, regional or state preservation or conservation plans.

6. The design of the subdivision and type of improvements being required are not likely to cause serious public health problems.

7. 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.
260
Section 6, Item B.

There are no public easements encumbering the property. Upon development, all modifications made to the existing public improvements fronting the parcels will be required to meet current City standards.

8. That the proposed design provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision pursuant to Government Code Section 66473.1.

ATTACHMENTS:

1. Exhibit 1 – Rezone 2023-02

2. Exhibit 2 – Environmental Assessment 2023-03

3. Exhibit 3 – Mitigation Monitoring and Reporting Program H. Attachment H – Resolution Annexation 2023-02

1. Exhibit 1 – Annexation 2023-02
I. Attachment I – Resolution Tentative Subdivision Map

1. Exhibit 1 – Tentative Subdivision Map 2023-02

2. Exhibit 2 – Conditions of Approval for Tentative Subdivision Map 2023-02 J. Attachment J – Public Input
261
Section 6, Item B.

Attachment ‘A’

PROJECT VICINITY MAP
262
Section 6, Item B.

Attachment ‘B’

AERIAL MAP OF PROJECT SITE
263
Section 6, Item B.

Attachment ‘C’

GENERAL PLAN LAND USE DESIGNATION MAP FOR PROJECT SITE
264
Section 6, Item B.

Attachment ‘D’

ZONING DISTRICT MAP (EXISTING) FOR PROJECT SITE
265
Section 6, Item B.
1 Jenna Chilingerian
From: Jesus Orozco <[email protected]>
Sent: Tuesday, July 11, 2023 10:37 AM
To: Jenna Chilingerian
Subject: [EXTERNAL] FW: City of Kerman Project Distribution Crown|Schaad at Kearney A Tentative Subdivision Map #2023-02
FYI
Jesus R. Orozco | Community Development Director
City of Kerman | Community Development Department
p. (559) 846.9386 | f. (559) 846.6199
850 S. Madera Ave. Kerman, CA 93630
[email protected]
cityofkerman.net
From: Jones, Keyomi L@DOT [mailto:[email protected]] Sent: Tuesday, July 11, 2023 9:05 AM
To: Jesus Orozco <[email protected]>
Cc: Padilla, Dave@DOT <[email protected]>
Subject: City of Kerman Project Distribution Crown|Schaad at Kearney A Tentative Subdivision Map #2023‐02 Good morning Jesus,
Our office has reviewed City of Kerman Project Distribution Crown|Schaad at Kearney A Tentative Subdivision Map #2023‐02project and has no comment.

Thank you,
Keyomi Jones, Tranportation Planner
Caltrans District 6|Transportation Planning
Local Development Review and Regional Planning
Mobile 559‐981‐7284
Web www.dot.ca.gov | Email [email protected]
1352 W. Olive Avenue|Fresno, CA 93728
This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spam.

Attachment 'E'
266
Section 6, Item B.

DEPARTMENT OF PUBLIC WORKS AND PLANNING
STEVEN E. WHITE, DIRECTOR
July 21, 2023
Jesus R. Orozco
Community Development Director
City of Kerman Community Development Department
850 S. Madera Ave.

Kerman, CA 93630
[email protected]
cityofkerman.net
SUBJECT: City of Kerman, Crown Schaad at Kearney Project Dear Mr. Orozco,
The County of Fresno appreciates the opportunity to review and comment on the subject project, Crown Schaad at Kearney Project, proposing the development of approximately 29.34-acres on two parcels located on the north side of Kearney Blvd, approximately 1,000 feet west of the intersection of Siskiyou Ave and Kearney Blvd.

The documents received for this review were circulated to our various Fresno County Public Works and Planning divisions. Based on the County's initial review, we offer the following comments from our various divisions:

The Environmental Health Specialist offers the following comments:

Recommended Conditions of Approval:
• Construction permits for the proposed development should be subject to assurance that the City of Kerman 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.
• Construction permits for the proposed 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. • Facilities that use and/or store hazardous materials and/or hazardous wastes shall meet the requirements set forth in the California Health and Safety Code (HSC), Division 20, Chapter 6.95, and the California Code of Regulations (CCR), 267
Section 6, Item B.

Page 2 of 2 ends

Kerman City CouncilSeptember 25, 2024

Kerman City Council
September 25, 2024