Agenda packet — Kerman City Council, October 22, 2025 (part 1 of 2)

CITY COUNCIL REGULAR MEETING AGENDA
Wednesday, October 22, 2025 at 6:00 PM
City Hall, 850 S. Madera Avenue, Kerman, CA 93630
LEVINE ACT CONTRIBUTION PROHIBITIONS AND MANDATORY DISCLOSURE. The Political Reform Act in Govt Code Section 84308 restricts campaign contributions over $500 to a decision-making public official from a party or participant or their agent in a proceeding involving a contract, license, permit or entitlement for use. The Act requires disclosure of the contribution and recusal where a decision-maker has received $500 or more from a party or participant to a proceeding in the prior 12 months. Participants and agents are required to make this disclosure as well.

A Council Member’s 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.

CONFLICT OF INTEREST DISCLOSURES AND RECUSAL. City Council Members with a conflict of interest under the Political Reform Act are required to make disclosure 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. Proclamation - Domestic Violence Awareness Month
B. Proclamation - Breast Cancer Awareness Month
C. Proclamation - Code Enforcement Officer Appreciation Month 1 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 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 24, 2024
RECOMMENDATION: Council approve minutes as presented.

B. SUBJECT: Warrants (JA)

1. Nos. 32941-33152 $2,017,554.82 ACH $217,435.03.

RECOMMENDATION: Council approve warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
C. SUBJECT: Payroll (JA)
8/31/25 to 9/13/25: $272,448.25; Retro Pay & Other: $570.50; Overtime: $29,959.64; Holiday:
$1,497.33; Standby: $1,846.68; Comp Time Earned: 105.75 9/14/25 to 9/27/25: $269,663.49; Retro Pay & Other: $0.00; Overtime: $15,079.22; Holiday:
$0.00; Standby: $2,480.75; Comp Time Earned: 49.10
RECOMMENDATION: Council approve payroll as presented.

D. SUBJECT: Monthly Investment Report Ending August 31, 2025 RECOMMENDATION: Council accept monthly investment report as presented.

E. SUBJECT: Contract Agreement with Civic Plus for City Website and Support Services (JA) RECOMMENDATION: Council by motion adoption resolution approving new agreement with Civic Plus for City website and support services and authorizing the City Manager to sign the agreement.
2 F. SUBJECT: Resolution Accepting the Downtown Corridor Revitalization Project - Phase 1, Federal Project No. CCL-5291(032) and Authorizing Filing of the Notice of Completion (JG) RECOMMENDATION: Council by motion adopt the resolution accepting the Downtown Corridor Revitalization Project - Phase 1, Federal Project No. CCL-5291(032) and authorizing the City Engineer to record the Notice of Completion.

G. SUBJECT: Modification of Job Descriptions for Account Clerk I and Account Clerk II in Finance Department (JA)
RECOMMENDATION: Council by motion adopt resolution amending the job descriptions for the Account Clerk I and Account Clerk II positions in the Finance Department.

H. SUBJECT: Consideration of Resolution Approving Updated Emergency Operations Plan (JAJ) RECOMMENDATION: Council by motion adopt a resolution approving updated Emergency Operations Plan.

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: Public Hearing and Authorization of Submission of Application for Community Development Block Grant Funds for Program Year 2026-2027 (JG) RECOMMENDATION: Council conduct a Public Hearing and adopt the resolution authorizing the submission of an application for Community Development Block Grant (CDBG) funds for Program Year 2026-2027 for Solar Streetlight Improvements.

B. SUBJECT: Public Hearing Regarding General Plan Amendment (GPA 2023-02), Rezone (REZ 2023-03), Tentative Parcel Map (TPM 2024-01), Tentative Subdivision Map (TSM 2023- 03), Annexation (ANX 2023-03), and Mitigated Negative Declaration (SCH No. 2025060904) Pertaining To Two (2) Parcels Located On The South Side Of West Nielsen Avenue Between North Madera Avenue and North Del Norte Avenue (APNs 020-120-06 and 020-120-03S) (JJ) RECOMMENDATION: The Kerman City Council conduct a public hearing, deliberate, and:

1. A resolution of the City Council of the City of Kerman (1) adopting the findings required by California Environmental Quality Act (CEQA) Guidelines, Section 15091; (2) certifying the Mitigated Negative Declaration (SCH No. 2025060904); (3) adopting the proposed Mitigation Monitoring and Reporting Program; and (4) approving General Plan Amendment 2023-02 to amend the 2040 Kerman General Plan planned land use designations for Assessor’s Parcel Numbers (APN) 020-120-06 (9.64 acres) to MU – Mixed Use and MDR – Medium Density Residential (southwest corner of West Nielen Avenue and North Madera Avenue); and
3 2. Introduce by title only an ordinance of the City Council of the City of Kerman approving Rezone 2023-03 to amend the official zoning map of the City of Kerman for two (2) parcels identified as Assessor’s Parcel Numbers (APNs) 020-120-06 (19.82 acres) and 020-120-03S (20 acres), pre-zoning the parcels consistent with the proposed land use designations, resulting in approximately 30.39 acres within the Smart Development Combining District – Residential – minimum 3,500 square feet (SD-R-3.5), 8.74 acres within the Mixed Use District, totaling approximately 39.13 acres located on the south side of West Nielsen Avenue between North Madera Avenue and North Del Norte Avenue (Rezone 2023-03).

7. DEPARTMENT REPORTS
A. SUBJECT: Ordinance Amending Chapter 15.04 of Title 15 of the Kerman Municipal Code to Adopt the 2025 California Building Standards Code By Reference (JJ) RECOMMENDATION: City Council introduce Ordinance Amending Chapter 15.04 of Title 15 of the Kerman Municipal Code to Adopt the 2025 California Building Standards Code by Reference, waive full reading, and set the date for the required public hearing for November 12, 2025.

B. SUBJECT: Consideration of Professional Services Agreement with els Architecture and Urban Design regarding the Kerman Area Multi-Generational Resiliency Center (TJ) RECOMMENDATION: Council by motion adopt a resolution approving the Kerman Area MultiGenerational Resiliency Center Architectural Design Services Agreement with els Architecture and Urban Design regarding the Kerman Area Multi-Generational Resiliency Center located at 15100 W. Kearney Blvd. for $1,228,725.00 and authorize the City Manager to execute the agreement.

C. SUBJECT: Consideration of Updated Ordinance Relating to Purchasing System and Repeal of Resolutions 89-06, 97-06, 08-57, 14-64 and 15-49 Regarding Surplus Property (JA) RECOMMENDATION: Council by motion (i) waive the full reading and introduce ordinance repealing Chapters 3.20 and adopting new Chapter 3.20 relating to the City’s purchasing system and (ii) adopt resolution repealing Resolution Nos. 89-06, 97-06, 08-57, 14-64 and 15-49 regarding Surplus Property.

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.) 4 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. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 City Designated Representatives: Mayor Pacheco and Mayor Pro Tem Yep Unrepresented Employee: City Manager

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) 550-1414.

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) 550-1414 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 http://www.cityofkerman.net.

Date: October 17, 2025 /s/ Josie Camacho, City Clerk
5 DOMESTIC VIOLENCE AWARENESSMONTH
WHEREAS, nearly 1 in 3 women and 1 in 4 men in our country have suffered physical violence by an intimate partner, and domestic violence affects people of all ages, ethnicities, nationalities, economic backgrounds, and beliefs; and
WHEREAS, victims of domestic violence are deprived of autonomy and security, face threats to their health and safety, and, in many instances, often experience significant financial instability; and
WHEREAS, crimes like domestic violence inhibit our community from reaching its fullest potential, and, although progress has been made in raising awareness and providing protections, much work remains; and
WHEREAS, the City reaffirms its dedication to providing a community where no one suffers the pain and hardship caused by domestic violence, and recognizes the advocates, victim service providers, and organizations who work tirelessly to prevent domestic violence and extend hope and healing to survivors and victims of domestic violence; and WHEREAS, Fresno County individuals and organizations play a part in supporting people impacted by domestic violence, providing services that include therapeutic, legal, educational, housing, advocacy, and medical assistance;
NOW,THEREFORE,BEIT PROCLAIMED,theCityCounciloftheCityofKerman,do hereby proclaim the month of October as Domestic Violence Awareness Month and urges that we rededicate ourselves to upholding the basic human right to be free from violence and abuse.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Kerman to be affixed on this 22nd day of October 2025. ________________________
Maria Pacheco
Mayor
6 Section 3, Item A.

BREAST CANCER AWARENESS MONTH
WHEREAS, cancer has touched the lives of nearly every American family, and we honor the immense courage and strength of the millions facing this disease, along with the many millions of survivors whose resilience inspires us all; and WHEREAS, since the first Race for the Cure was organized in 1985, significant progress has been made in combating breast cancer through the development of new medicines, advanced therapies, and more effective early detection and prevention methods; and WHEREAS, the pink ribbon, introduced as a symbol of breast cancer awareness in 1991, has since become a global emblem of solidarity and support for the cause; and WHEREAS, the illumination of the White House in pink by President Clinton in 1993 symbolized a national commitment to breast cancer awareness, and in 2000, others around the world joined in by lighting up famous landmarks in pink each October to raise awareness for breast cancer, serving as a powerful reminder that we must continue to work tirelessly toward a cure; and
WHEREAS, Breast Cancer Awareness Month provides a vital opportunity to increase public awareness and encourage individuals to have a plan for early detection; and WHEREAS, while ending cancer is an ambitious goal, it is vital that those affected by breast cancer have access to quality, affordable care, and that communities focus on vigorous support for research into all forms of cancer toward a cure.

NOW, THEREFORE, BE IT PROCLAIMED, the City Council of the City of Kerman, do hereby proclaim October 2025 as Breast Cancer Awareness Month in the City of Kerman.

I have hereunto set my hand and caused the Official Seal of the City of Kerman to be affixed on this 22nd day of October 2025.
____________________________________
Maria Pacheco
Mayor
7 Section 3, Item B.

CODE ENFORCEMENT OFFICER APPRECIATION MONTH
WHEREAS, Code Enforcement Officers provide for the safety and welfare of citizens throughout the City of Kerman by enforcing local codes and ordinances on a variety of issues, including building, zoning, housing, environmental, health and life safety; and WHEREAS, Code Enforcement Officers serve in a challenging and demanding role and often do not receive the recognition they deserve for their efforts to improve the living and working conditions of residents and businesses in our community; and WHEREAS, these dedicated professionals work to prevent neighborhood deterioration and to enhance and ensure safety through the knowledge and application of housing, zoning, building, and nuisance codes and ordinances; and
WHEREAS, Code Enforcement Officers are called upon to provide quality customer service and excellence to the residents and businesses of the communities they serve; and WHEREAS, the City of Kerman recognizes and wants to bring awareness to the importance of code enforcement to the community.

NOW,THEREFORE,BEIT PROCLAIMED,theCityCounciloftheCityofKerman,do hereby proclaim the month of October 2025 as Code Enforcement Officer Appreciation Month.

CITY COUNCIL REGULAR MEETING MINUTES
Wednesday, September 24, 2025 at 6:00 PM
City Hall, 850 S. Madera Avenue, Kerman, CA 93630

1. OPENING CEREMONIES
A. Call to Order - 6:04 p.m.

B. Roll Call – All present
C. Invocation - Moment of silence
D. Flag Salute - Performed.

2. AGENDA APPROVAL/ADDITIONS/DELETIONS
Motion made by Councilmember Hall and Seconded by Councilmember Herrera.

Ayes: Hall, Herrera, Dhaliwal, Yep, Pacheco
Noes: None
Abstain: None

Absent: None
Motion passes 5-0-0-0

3. PRESENTATIONS/CEREMONIAL MATTERS
A. Presentation of Certificates - Eknoor Dosanjh & Nimrit Dosanjh - Presented.

B. Presentation of Certificates - KUSD Metal Shop Students - Acknowledged.

4. PUBLIC FORUM – None.

5. CONSENT CALENDAR
A. SUBJECT: Minutes - September 10, 2025
RECOMMENDATION: Council approve minutes as presented.

B. SUBJECT: Warrants (JA)

1. Nos. 32845-32940 $360,454.68 ACH $127,945.43.
9 Section 5, Item A.

RECOMMENDATION: Council approve warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
C. SUBJECT: Payroll (JA)
8/17/25 to 8/30/25: $265,952.78; Retro Pay & Other: $514.90; Overtime: $16,382.21; Holiday:
$0.00; Standby: $2,221.44; Comp Time Earned: 39.38
RECOMMENDATION: Council approve payroll as presented.

D. SUBJECT: An Ordinance of the City Council of the City of Kerman Repealing Chapter 2.52 of Title 2 of the Kerman Municipal Code and Adding a New Chapter 2.52 to Title 2 of the Kerman Municipal Code Relating to Emergency Organization and Functions (JAJ) RECOMMENDATION: Council by motion adopt ordinance to repeal Chapter 2.52 of Title 2 of the Kerman Municipal Code and add a new Chapter 2.52 to Title 2 of the Kerman Municipal Code Relating to Emergency Organization and Functions. - Ord. 25-02 Motion made by Mayor Pro Tem Yep and Seconded by Councilmember Dhaliwal.

Ayes: Yep, Dhaliwal, Hall, Herrera, Pacheco
Noes: None
Abstain: None

Absent: None
Motion passes 5-0-0-0

6. PUBLIC HEARINGS - None.

7. DEPARTMENT REPORTS
A. SUBJECT: Amendment to the Agriculture Lease Agreement Between the City of Kerman and Earl L. Giacolini and Janice E. Giacolini (9.3 acres) (TJ) RECOMMENDATION: Council by motion adopt resolution approving Amendment No. 3 to Agriculture Lease Agreement between the City of Kerman and Earl L. Giacolini and Janice E.

Giacolini (9.3 acres). Res. 25-73
B. SUBJECT: Review of 2025 Kerman Chamber of Commerce Harvest Festival and Parade (JAJ)
RECOMMENDATION: Council hear a brief presentation from Police and Public Works on City activities associated with 2025 Kerman Chamber of Commerce Harvest Festival and Parade, with possible direction to Staff.
10 Section 5, Item A.

Motion made by Councilmember Herrera and Seconded by Mayor Pro Tem Yep.

Ayes: Herrera, Yep, Dhaliwal, Hall, Pacheco
Noes: None
Abstain: None

Absent: None
Motion passes 5-0-0-0

8. CITY MANAGER/STAFF COMMUNICATIONS

9. MAYOR/COUNCIL REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS Cancel October 8, 2025 Council meeting (no quorum).

Add Native American Proclamation to November 12 agenda.

10. CLOSED SESSION

11. ADJOURNMENT - 7:39 p.m.

MINUTES CERTIFICATION
I, Marisol Camacho, Deputy 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 25, 2025 /s/ Marisol Camacho, Deputy Clerk 11 Section 5, Item A.

Accounts Payable
User:

Printed:

VSandoval
10/10/2025 4:22 PM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
32941 12489 JOSE ARCIGA 09/15/2025 810.00
32942 10545 WILBERT BARCOMA 09/15/2025 462.00
32943 12710 EDUARDO BARRERA 09/15/2025 55.00
32944 10920 JEFF BELDING 09/15/2025 714.00
32945 10962 TOM CHAPMAN 09/15/2025 90.00
32946 12562 MUNIQUE CUBILLOS 09/15/2025 90.00
32947 11125 JOHN GOLDEN 09/15/2025 124.00
32948 12270 GLORIA GUTIERREZ 09/15/2025 260.00
32949 12627 JOSE RUIZ 09/15/2025 170.00
32950 11907 SPRINGBROOK HOLDING COMPANY LLC09/15/2025 2,100.00 32951 12628 FRANCISCO VASQUEZ 09/15/2025 170.00
32952 12575 STEVE WILKINS 09/15/2025 185.00
Total for 9/15/2025: 5,230.00
ACH 10522 CALPERS 09/16/2025 70.00
Total for 9/16/2025: 70.00
ACH 10644 US BANK EQUIPMENT FINANCE 09/18/2025 710.78
32953 10021 ALERT O LITE 09/18/2025 2,652.62
32954 10040 AT&T MOBILITY 09/18/2025 2,023.92
32955 11917 BLAIS & ASSOCIATES LLC 09/18/2025 2,559.00
32956 10617 C A REDING CO INC 09/18/2025 135.84
32957 12868 CENTRAL STATE TRAFFIC CONTROLL 09/18/2025 300.00 32958 10452 CITY OF FRESNO WMD 09/18/2025 154.50
32959 11498 COMCAST CABLE COMMUNICATIONS MANAGEMENT LLC 09/18/2025 735.85 32960 10114 CROWN SHORT LOAD CONCRETE 09/18/2025 940.45 32961 10115 CSJVRMA 09/18/2025 239,061.00
32962 10145 ELECTRIC MOTOR SHOP 09/18/2025 699.87
32963 BP-FREE1 FREEDOM FOREVER NORTHERN CALIFORNIA LLC 09/18/2025 2,136.20 32964 10842 FRESNO ECONOMIC OPPORTUNITIES COMMISSION 09/18/2025 44.08 32965 12869 GOLDEN STATE ACCOMMODATORS INC09/18/2025 490.00 32966 10185 GRAINGER 09/18/2025 45.70
32967 11358 GREAT AMERICA FINANCIAL SERVICES09/18/2025 355.16 32968 10226 JORGENSEN & CO 09/18/2025 274.76
32969 10485 JP AIR CONDITIONING & HEATING 09/18/2025 7,089.98 32970 10230 KENT M KAWAGOE PHD 09/18/2025 425.00
32971 11459 LAWSON PRODUCTS INC 09/18/2025 743.92
32972 11965 MISSION UNIFORM SERVICE 09/18/2025 2,556.36 32973 10282 OFFICE DEPOT 09/18/2025 1,976.16
32974 10286 O'REILLY AUTOMOTIVE INC 09/18/2025 2,963.97 32975 10289 P.G.& E. 09/18/2025 3,500.02
32976 12808 QUADIENT FINANCE USA INC 09/18/2025 658.72
32977 10596 RED WING BUSINESS ADVANTAGE ACCOUNT 09/18/2025 244.05 32978 12870 LILIA SANCHEZ 09/18/2025 600.00
32979 11650 SITEONE LANDSCAPE SUPPLY, LLC 09/18/2025 825.18 AP Checks by Date - Summary by Check Date (10/10/2025 4:22 PM) Page 1 12 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
32980 10337 SLUMBERGER LUMBER 09/18/2025 1,363.97
32981 11460 SUPERIOR POOL PRODUCTS LLC 09/18/2025 482.82 32982 10352 SWRCB ACCOUNTING OFFICE 09/18/2025 1,375.00 32983 10754 THE HOME DEPOT PRO-SUPPLY WORKS09/18/2025 539.07 32984 10387 USA BLUE BOOK 09/18/2025 536.47
32985 10391 VALLEY FARM SUPPLY STORES 09/18/2025 1,985.70 32986 10406 WEST HILLS OIL INC 09/18/2025 9,076.17
327040 BP-JC R JC RENTALS 09/18/2025 1,689.10
Total for 9/18/2025: 291,951.39
ACH 10147 EMPLOYMENT DEVELOPMENT DEPARTMENT 09/19/2025 12,449.79 ACH 10517 FEDERAL TAXES PAYROLL 09/19/2025 69,525.49
ACH 10518 KERMAN POLICE OFFICERS ASSN 09/19/2025 878.25 ACH 10519 KERMAN MUNICIPAL EMPLOYEES ASSN09/19/2025 255.00 ACH 10520 ICMA-RC 09/19/2025 4,918.74
32987 12521 EDIS 09/19/2025 1,621.50
Total for 9/19/2025: 89,648.77
32988 10021 ALERT O LITE 09/24/2025 521.96
32989 11353 AMERICAN RIVER COLLEGE 09/24/2025 489.00
32990 12538 AMERITAS GROUP INSURANCE CORP- DENTAL FEES 09/24/2025 890.50 32991 10035 AQUA NATURAL SOLUTIONS 09/24/2025 807.13
32992 10504 AUTOZONE 09/24/2025 69.56
32993 11324 AVISON CONSTRUCTION INC 09/24/2025 393,209.75 32994 10054 BLUE SHIELD OF CALIFORNIA 09/24/2025 66,660.66 32995 10617 C A REDING CO INC 09/24/2025 302.54
32996 10078 CALIFORNIA STATE DISBURSEMENT 09/24/2025 115.38 32997 12844 CALIFORNIA STATE DISBURSEMENT CALIFORNIA STATE DISBURSEMENT 09/24/2025 161.53 32998 10092 CENTRAL VALLEY TOXICOLOGY INC 09/24/2025 88.00 32999 10114 CROWN SHORT LOAD CONCRETE 09/24/2025 515.45 33000 11874 CSG CONSULTANTS INC 09/24/2025 12,513.50
33001 10128 DEPARTMENT OF JUSTICE 09/24/2025 471.00
33002 10571 DITCH WITCH 09/24/2025 192.55
33003 10144 ELBERT DISTRIBUTING INC 09/24/2025 303.93
33004 10157 FERGUSON ENTERPRISES INC 09/24/2025 555.83
33005 12379 GILL CHEVROLET 09/24/2025 141.69
33006 11358 GREAT AMERICA FINANCIAL SERVICES09/24/2025 746.54 33007 10201 HORIZON 09/24/2025 961.71
33008 10228 JS COMMUNICATIONS INC 09/24/2025 3,169.86
33009 10239 KERWEST INC 09/24/2025 365.50
33010 10241 KINGS BASIN IRWM AUTHORITY 09/24/2025 3,500.00 33011 10251 LIGHTHOUSE ELECTRIC INC 09/24/2025 240.47
33012 10282 OFFICE DEPOT 09/24/2025 660.47
33013 10289 P.G.& E. 09/24/2025 20,617.24
33014 12026 PRECISION CIVIL ENGINEERING INC 09/24/2025 1,978.75 33015 12762 QUADIENT LEASING USA INC 09/24/2025 2,204.92 33016 10316 R G EQUIPMENT OF FRESNO INC 09/24/2025 376.07 33017 12799 RENEWABLE FUELS INC 09/24/2025 4,537.07
33018 10329 SAN JOAQUIN VALLEY AIR POLL 09/24/2025 1,721.00 33019 10331 SEBASTIAN 09/24/2025 1,800.00
33020 10862 SIGNMAX 09/24/2025 13.65
33021 12368 SPECIALTY HOSE EXPRESS LLC 09/24/2025 167.58 33022 10345 STATE OF CALIFORNIA 09/24/2025 122.60
33023 11460 SUPERIOR POOL PRODUCTS LLC 09/24/2025 1,675.91 33024 10357 TAYLOR MADE IRRIGATION 09/24/2025 13.24
AP Checks by Date - Summary by Check Date (10/10/2025 4:22 PM) Page 2 13 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
33025 10015 THE ADVANCE GROUP INC 09/24/2025 876.66
33026 11502 TIREHUB LLC 09/24/2025 1,093.00
33027 10371 TJ LAW & ASSOCIATES INVESTIGATIONS09/24/2025 800.00 33028 10168 UNITY IT 09/24/2025 1,139.72
33029 10387 USA BLUE BOOK 09/24/2025 1,128.84
33030 10413 YAMABE & HORN ENGINEERING INC 09/24/2025 166,245.15 Total for 9/24/2025: 694,165.91
33031 11761 JOHN JANSONS 09/25/2025 72.00
33032 10261 MID VALLEY DISPOSAL INC 09/25/2025 157,475.79 Total for 9/25/2025: 157,547.79
33033 11493 24 / 7 PET VETS 10/01/2025 719.80
33034 10021 ALERT O LITE 10/01/2025 3,266.96
33035 12537 AMERITAS GROUP INSURANCE CORP- DENTAL CLAIMS 10/01/2025 1,678.12 33036 11247 RAQUEL ARREDONDO 10/01/2025 22.84
33037 11324 AVISON CONSTRUCTION INC 10/01/2025 291,983.68 33038 12875 ELIZABETH AYON 10/01/2025 450.00
33039 12476 RUTH BELMONTE 10/01/2025 234.00
33040 12162 BRIGHTVIEW LANDSCAPE SERVICES INC10/01/2025 3,500.00 33041 12481 MANUEL CAMPOS 10/01/2025 192.00
33042 10082 CARROT-TOP INDUSTRIES INC 10/01/2025 53.91
33043 10452 CITY OF FRESNO WMD 10/01/2025 87.00
33044 12871 CLOVIS TRUCK CENTER 10/01/2025 3,534.27
33045 10103 COLONIAL LIFE 10/01/2025 781.31
33046 10104 COMCAST 10/01/2025 996.96
33047 10108 COOKS COMMUNICATIONS CORP 10/01/2025 57.50
33048 11209 DARRENS BODY SHOP 10/01/2025 18,863.79
33049 10128 DEPARTMENT OF JUSTICE 10/01/2025 140.00
33050 10458 RAUL HERRERA ECN POLYGRAPH AND INVESTIGATIONS 10/01/2025 500.00 33051 12692 JONAVIN FLORES 10/01/2025 253.67
33052 10163 FRESNO DISTRIBUTING CO 10/01/2025 652.63
33053 12379 GILL CHEVROLET 10/01/2025 145,323.75
33054 11468 GREEN HILLS NURSERY INC 10/01/2025 658.77
33055 11595 ISMAEL HERRERA 10/01/2025 527.80
33056 10211 INTERNAL REVENUE SERVICE 10/01/2025 176.58
33057 10219 JENSEN & PILEGARD INC 10/01/2025 292.49
33058 12752 JERRY JONES 10/01/2025 192.00
33059 10226 JORGENSEN & CO 10/01/2025 540.90
33060 10485 JP AIR CONDITIONING & HEATING 10/01/2025 1,131.98 33061 10238 KERMAN UNIFIED SCHOOL DIST 10/01/2025 720.24 33062 12676 RENEE KLEIN 10/01/2025 45.99
33063 10678 MAC'S EQUIPMENT INC 10/01/2025 65.48
33064 10261 MID VALLEY DISPOSAL INC 10/01/2025 12,992.00 33065 10272 MUTUAL OF OMAHA 10/01/2025 6,769.47
33066 10282 OFFICE DEPOT 10/01/2025 1,259.11
33067 10289 P.G.& E. 10/01/2025 9,025.62
33068 12342 MARIA PACHECO 10/01/2025 527.80
33069 10573 PILOT ROCK 10/01/2025 570.85
33070 12524 R&S ERECTION TRI-COUNTY INC 10/01/2025 4,532.50 33071 10596 RED WING BUSINESS ADVANTAGE ACCOUNT 10/01/2025 280.88 33072 12849 RESTAURANT SUPPLY LLC 10/01/2025 4,550.79
33073 12877 SILVIA RODRIGUEZ 10/01/2025 150.00
33074 12475 SAN JOAQUIN PEST CONTROL 10/01/2025 105.00
33075 12873 ROSANNA SANGHA 10/01/2025 73.81
AP Checks by Date - Summary by Check Date (10/10/2025 4:22 PM) Page 3 14 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
33076 11650 SITEONE LANDSCAPE SUPPLY, LLC 10/01/2025 675.81 33077 10603 SOLENIS LLC 10/01/2025 5,244.27
33078 12581 TATES TSHIRT DESIGNS AND PRINTS, LLC10/01/2025 488.21 33079 10015 THE ADVANCE GROUP INC 10/01/2025 311.31
33080 10754 THE HOME DEPOT PRO-SUPPLY WORKS10/01/2025 252.20 33081 12609 THREE-WAY CHEVROLET-CADILLAC 10/01/2025 46,301.09 33082 11502 TIREHUB LLC 10/01/2025 866.90
33083 12872 JESSICA TOVAR 10/01/2025 22.84
33084 10168 UNITY IT 10/01/2025 7,586.84
33085 12178 VALLEY ANIMAL CENTER SPAY & NEUTER CLINIC 10/01/2025 165.00 33086 12815 JOHN VERES 10/01/2025 19.00
33087 10399 VETERINARY MEDICAL CENTER 10/01/2025 260.00 33088 12874 GUADALUPE VILLEGAS-ABUNDIZ 10/01/2025 250.46 33089 10406 WEST HILLS OIL INC 10/01/2025 3,036.25
33090 12876 MICHAEL YAMAURA 10/01/2025 38.00
33091 12267 IRENE ZAMORA 10/01/2025 150.00
33092 UB*02006 MALLORI ELLSWORTH 10/01/2025 36.04
33093 BP-JOSE1 JOSEPH CROWN CONSTRUCTION 10/01/2025 83.25 33094 UB*02005 BALJIT KAUR 10/01/2025 46.74
33095 UB*02008 KERMAN NEWS 10/01/2025 396.99
Total for 10/1/2025: 584,713.45
ACH 10147 EMPLOYMENT DEVELOPMENT DEPARTMENT 10/03/2025 11,612.18 ACH 10517 FEDERAL TAXES PAYROLL 10/03/2025 67,300.34
ACH 10518 KERMAN POLICE OFFICERS ASSN 10/03/2025 878.25 ACH 10519 KERMAN MUNICIPAL EMPLOYEES ASSN10/03/2025 255.00 ACH 10520 ICMA-RC 10/03/2025 2,613.56
ACH 10522 CALPERS 10/03/2025 45,967.65
Total for 10/3/2025: 128,626.98
33096 11493 24 / 7 PET VETS 10/10/2025 257.40
33097 11387 LUISA AGUIRRE 10/10/2025 400.00
33098 10021 ALERT O LITE 10/10/2025 30.88
33099 12257 AMERITAS LIFE INSURANCE CORP- VISION FEES 10/10/2025 1,047.32 33100 10035 AQUA NATURAL SOLUTIONS 10/10/2025 957.57
33101 11355 BADGER METER 10/10/2025 438.90
33102 10545 WILBERT BARCOMA 10/10/2025 138.00
33103 10617 C A REDING CO INC 10/10/2025 138.12
33104 12498 CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICER 10/10/2025 100.00 33105 10067 CALIFORNIA BUILDING STANDARDS 10/10/2025 432.90 33106 12879 CALIFORNIA ENVIRONMENTAL DEWATERING CED 10/10/2025 444.56 33107 10078 CALIFORNIA STATE DISBURSEMENT 10/10/2025 207.69 33108 12844 CALIFORNIA STATE DISBURSEMENT CALIFORNIA STATE DISBURSEMENT 10/10/2025 161.53 33109 12858 MARISOL CAMACHO 10/10/2025 48.64
33110 12560 CITY OF FRESNO POLICE REGIONAL TRAINING CENTER 10/10/2025 1,246.00 33111 10564 CITY OF KERMAN 10/10/2025 290.00
33112 12213 PATRICK CLARK 10/10/2025 138.00
33113 10105 COMMUNITY HOSPITALS OF CENTRAL CALIFORNIA 10/10/2025 525.00 33114 10106 CON EDISON CLEAN ENERGY 10/10/2025 16,810.47 33115 10109 AUDITOR CONTROLLER/TREASURER-TAX COLLECTOR COUNTY OF FRESNO 10/10/2025 277.00 33116 10114 CROWN SHORT LOAD CONCRETE 10/10/2025 951.35 33117 11382 DATA TICKET INC 10/10/2025 126.72
33118 10126 DEPARTMENT OF CONSERVATION 10/10/2025 1,288.20 33119 11889 DISCOUNT SHRED 10/10/2025 586.00
33120 10524 DUNN EDWARDS 10/10/2025 684.20
AP Checks by Date - Summary by Check Date (10/10/2025 4:22 PM) Page 4 15 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
33121 10162 FRESNO COUNTY TREASURER 10/10/2025 469.56
33122 12379 GILL CHEVROLET 10/10/2025 308.71
33123 11358 GREAT AMERICA FINANCIAL SERVICES10/10/2025 421.15 33124 12681 PHILLIP IVAN HERNANDEZ 10/10/2025 150.00
33125 11923 JOE A GONSALVES & SON 10/10/2025 1,250.00
33126 12752 JERRY JONES 10/10/2025 2,324.40
33127 10485 JP AIR CONDITIONING & HEATING 10/10/2025 6,712.00 33128 12522 HARMEEN KAUR 10/10/2025 324.00
33129 10678 MAC'S EQUIPMENT INC 10/10/2025 356.54
33130 10261 MID VALLEY DISPOSAL INC 10/10/2025 157,640.16 33131 10265 MONTOY LAW CORPORATION 10/10/2025 9,900.00
33132 10282 OFFICE DEPOT 10/10/2025 705.45
33133 10289 P.G.& E. 10/10/2025 33,834.28
33134 12523 PAMOIST PET HOSPITAL 10/10/2025 481.00
33135 10301 PETTY CASH 10/10/2025 260.42
33136 10315 QUINN COMPANY 10/10/2025 106.18
33137 10316 R G EQUIPMENT OF FRESNO INC 10/10/2025 1,950.59 33138 10323 RICHARD HERZOG CONSTRUCTION 10/10/2025 1,093.70 33139 11714 ROD CARSEY 10/10/2025 2,358.42
33140 11041 ROSENBALM ROCKERY 10/10/2025 663.37
33141 10332 SEBASTIAN 10/10/2025 2,004.95
33142 11650 SITEONE LANDSCAPE SUPPLY, LLC 10/10/2025 1,410.58 33143 11907 SPRINGBROOK HOLDING COMPANY LLC10/10/2025 1,808.00 33144 10345 STATE OF CALIFORNIA 10/10/2025 122.60
33145 11460 SUPERIOR POOL PRODUCTS LLC 10/10/2025 1,687.81 33146 12115 TAPCO 10/10/2025 1,875.91
33147 10365 THE RADAR SHOP INC 10/10/2025 188.00
33148 10371 TJ LAW & ASSOCIATES INVESTIGATIONS10/10/2025 800.00 33149 10377 US POST OFFICE 10/10/2025 5,000.00
33150 12290 VERIZON 10/10/2025 1,572.85
33151 10406 WEST HILLS OIL INC 10/10/2025 8,158.41
33152 12521 EDIS 10/10/2025 9,370.07
Total for 10/10/2025: 283,035.56
Report Total (226 checks): 2,234,989.85
AP Checks by Date - Summary by Check Date (10/10/2025 4:22 PM) Page 5 16 Section 5, Item B.

CITY OF KERMAN PAYROLL REPORT

RETRO PAY GROSS COMP TIME
& OTHER Hours Amount Hours Amount Hours Amount SALARY EARNED Grand Total $ 272,448.25 $ 282.49 570.50 $ 29,959.64 79.50 $ 1,497.33 70.50 $ 1,846.69 $ 306,034.41 105.75 PAY PERIOD: August 31, 2025 - September 13, 2025
OVERTIME HOLIDAY at 1/2 TIME STANDBY Salary

Page 1 ends

17 Section 5, Item C.

CITY OF KERMAN PAYROLL REPORT

RETRO PAY GROSS COMP TIME
& OTHER Hours Amount Hours Amount Hours Amount SALARY EARNED Grand Total $ 269,663.49 $ 0.00 277.48 $ 15,079.22 0.00 $ - 112.00 $ 2,480.75 $ 287,223.46 49.10 PAY PERIOD: September 14, 2025 - September 27, 2025
OVERTIME HOLIDAY at 1/2 TIME STANDBY Salary

Page 1 ends

18 Section 5, Item C.

Pacific Member Bank Irvine 615-030525-245 5.00% 3/15/24 9/15/25 243,000.00 243,000.00 242,941.68 - Discover Bank Greenwood 615-030525-245 3.55% 9/20/22 9/22/25 245,000.00 245,000.00 244,877.50 - BMW Bank North Amer Salt Lake 615-030525-245 0.50% 9/25/20 9/25/25 249,000.00 249,000.00 248,287.86 - Bank of Hapoalim B M New York 615-030525-245 5.05% 4/24/24 10/29/25 200,000.00 200,000.00 200,162.00 - Flagstar Bank National Association 615-030525-245 5.20% 6/11/24 1/13/26 243,000.00 243,000.00 243,879.66 - US Government Bonds
Federal Home Loan Bank 615-030525-245 5.00% 10/29/24 10/30/29 500,000.00 (500,000.00) - - 6,250.00 Federal Home Loan Bank 615-030525-245 4.80% 5/28/25 5/15/28 500,000.00 (500,000.00) - - 5,133.33 Federal Home Loan Bank 615-030525-245 4.75% 10/30/24 10/30/29 500,000.00 500,000.00 499,150.00 - Federal Home Loan Bank 615-030525-245 4.50% 1/30/25 7/30/27 500,000.00 500,000.00 499,395.00 11,250.00 Federal Home Loan Bank 615-030525-245 5.00% 5/28/25 5/14/30 500,000.00 500,000.00 499,485.00 - Federal Home Loan Bank 615-030525-245 4.50% 6/30/25 6/23/28 280,000.00 280,000.00 279,946.80 - Federal Home Loan Bank 615-030525-245 4.50% 7/30/25 7/28/28 500,000.00 500,000.00 499,970.00 - Federal Home Loan Bank 615-030525-245 4.55% 8/19/25 2/19/26 500,000.00 500,000.00 499,665.00 Federal Home Loan Bank 615-030525-245 4.50% 3/24/25 3/24/28 251,000.00 251,000.00 250,751.51 - Federal Home Loan Bank 615-030525-245 4.52% 5/7/25 11/7/28 503,000.00 503,000.00 502,190.17 - 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 4.37%
Total CD's 5,214,000.00 - - 5,214,000.00 5,210,702.18 22,644.54 Securities America Sweep Program
Beginning Balance 67.00 67.00
Transfers In/(Out) 7/1-7/31/25 19,482.01 19,482.01
8/1-8/31/25 (19,549.01) (19,549.01)

67.00 (67.00) - 0.00 0.00 -
Local Agency Investment Fund
Beginning Balance 98-10-400 18,458,212.85 18,458,212.85 - Interest 4.40% 7/15/25 202,228.94 202,228.94 202,228.94 - -
Transfers In/(Out) -
-
-
Total - LAIF 4.40% 18,458,212.85 202,228.94 - 18,660,441.79 18,660,441.79 202,228.94 19 Section 5, Item D.

CITY OF KERMAN
CD/Securities Portfolio
As of August 31, 2025 6/30/2025 6/30/2026 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 Central Valley Money Market Acct 015030960
Beginning Balance 3,649,281.76 3,649,281.76
Interest 7/31/25 247.95 247.95 247.95
8/31/25 231.97 231.97
- -
Transfers In/(Out) -
-
-

0.08% -
3,649,281.76 479.92 - 3,649,761.68 3,649,761.68 247.95
Subtotal All City Investments 2.95% 27,321,494.61 202,708.86 - 27,524,203.47 27,520,905.65 225,121.43 27,321,561.61 202,641.86 - 27,524,203.47 27,520,905.65 225,121.43 Market Value Adjustment (3,297.82)
202,641.86
202,641.86

0.00 Total Investments
20 Section 5, Item D.

Pacific Member Bank Irvine 615-030525-245 5.00% 3/15/24 9/15/25 243,000.00 243,000.00 243,051.03 - Discover Bank Greenwood 615-030525-245 3.55% 9/20/22 9/22/25 245,000.00 245,000.00 244,706.00 - BMW Bank North Amer Salt Lake 615-030525-245 0.50% 9/25/20 9/25/25 249,000.00 249,000.00 247,513.47 - Bank of Hapoalim B M New York 615-030525-245 5.05% 4/24/24 10/29/25 200,000.00 200,000.00 200,246.00 - Flagstar Bank National Association 615-030525-245 5.20% 6/11/24 1/13/26 243,000.00 243,000.00 243,899.10 - US Government Bonds
Federal Home Loan Bank 615-030525-245 4.75% 10/30/24 10/30/29 500,000.00 500,000.00 498,100.00 - Federal Home Loan Bank 615-030525-245 4.50% 1/30/25 7/30/27 500,000.00 500,000.00 498,585.00 11,250.00 Federal Home Loan Bank 615-030525-245 4.80% 5/28/25 5/15/28 500,000.00 500,000.00 499,505.00 - Federal Home Loan Bank 615-030525-245 5.00% 5/28/25 5/14/30 500,000.00 500,000.00 499,335.00 - Federal Home Loan Bank 615-030525-245 4.50% 6/30/25 6/23/28 280,000.00 280,000.00 279,669.60 - Federal Home Loan Bank 615-030525-245 4.50% 7/30/25 7/28/28 500,000.00 500,000.00 499,150.00 - Federal Home Loan Bank 615-030525-245 4.50% 3/24/25 3/24/28 251,000.00 251,000.00 250,718.88 - Federal Home Loan Bank 615-030525-245 4.52% 5/7/25 11/7/28 503,000.00 503,000.00 500,349.19 - Federal Home Loan Bank 615-030525-245 5.00% 10/29/24 10/30/29 500,000.00 (500,000.00) - - 6,250.00 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 4.39%
Total CD's 5,214,000.00 - - 5,214,000.00 5,204,828.27 17,502.01 Securities America Sweep Program
Beginning Balance 67.00 67.00
Transfers In/(Out) 7/1-7/31/25 19,482.01 19,482.01

67.00 19,482.01 - 19,549.01 19,549.01 -
Local Agency Investment Fund
Beginning Balance 98-10-400 18,458,212.85 18,458,212.85 - Interest 4.40% 7/15/25 202,228.94 202,228.94 202,228.94 - -
Transfers In/(Out) -
-
-
Total - LAIF 4.40% 18,458,212.85 202,228.94 - 18,660,441.79 18,660,441.79 202,228.94 21 Section 5, Item D.

CITY OF KERMAN
CD/Securities Portfolio
As of July 31, 2025 6/30/2025 6/30/2026 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 Central Valley Money Market Acct 015030960
Beginning Balance 3,649,281.76 3,649,281.76
Interest 7/31/25 247.95 247.95 247.95
- -
Transfers In/(Out) -
-
-

0.08% -
3,649,281.76 247.95 - 3,649,529.71 3,649,529.71 247.95
Subtotal All City Investments 2.96% 27,321,494.61 202,476.89 - 27,523,971.50 27,514,799.77 219,978.90 27,321,561.61 221,958.90 - 27,543,520.51 27,534,348.78 219,978.90 Market Value Adjustment (9,171.73)
221,958.90
221,958.90

0.00 Total Investments
22 Section 5, Item D.

STAFF REPORT
MEETING DATE: October 22, 2025
PRESENTER: Josefina Alvarez, Finance Director
SUBJECT: Contract Agreement with Civic Plus for City Website and Support Services (JA) RECOMMENDATION: Council by motion adoption resolution approving new agreement with Civic Plus for City website and support services and authorizing the City Manager to sign the agreement.

EXECUTIVE SUMMARY:

Council approved a contract agreement with Civic Plus for the new City website and support services on July 27, 2022. That agreement technically expired. The parties have negotiated a new agreement with an initial term to commence on August 25, 2025.

The new quote from Civic Plus has an annual renewal amount of $15,462.18 with a 5% annual increase each renewal term. The new rate would be about a 12.47% increase or $1,714.57 when compared to the 5% annual increase to the existing contract.

FISCAL IMPACT:

Increase of $1,714.57 to numerous funds already incorporated in budget 2025/2026.

ATTACHMENTS:

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

Attachment ‘A’
RESOLUTION NO. 25-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING NEW AGREEMENT

WITH CIVIC PLUS FOR CITY WEBSITE AND SUPPORT SERVICES AND AUTHORIZING THE CITY

MANAGER TO SIGN THE AGREEMENT
WHEREAS, the City signed a contract agreement with Civic Plus for the new City website and support services on July 27, 2022; and
WHEREAS, Civic Plus is requesting a new agreement, and the parties have negotiated a new agreement; and
WHEREAS, the City’s website is a valuable tool that provides public information, resources, and notifications, and
WHEREAS, the new annual amount would be $15,462.18 with an annual 5% increase each renewal term, and
WHEREAS, the City desires to accept the new agreement with Civic Plus for City website and support services.

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

1. The foregoing recitals are true and correct.

2. The City Council hereby approves the new Civic Plus Agreement attached hereto and incorporated by reference and authorizes the City Manager to execute same.

3. This new agreement supersedes any and all prior agreements.

4. This resolution shall be effective immediately upon adoption. (Certification on following page)
24 Section 5, Item E.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regular meeting held on the 22nd day of October 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing resolution is hereby approved.
____________________________
Maria Pacheco
Mayor
ATTEST:
_____________________________
Josie Camacho
City Clerk
25 Section 5, Item E.

CivicPlus
302 South 4th St. Suite 500
Manhattan, KS 66502
US
Quote #: Q-108418-1
Date: 9/23/2025 1:17 PM
Customer: KERMAN CITY,

CALIFORNIA

QTY DESCRIPTION

1.00 Hosting & Security Annual Fee - CivicEngage Central

1.00 Annual - CivicEngage Central

3.00 Ultimate Department Header Annual Fee - Police, Parks and Rec, and Econ Dev

1.00 48 month Redesign Ultimate Annual - CivicEngage

1.00 AudioEye Managed: https://cityofkerman.net

1.00 DNS and Domain Hosting Annual Fee: https://cityofkerman.net

1.00 SSL Management - CP Provided Only 1 per domain (Annually Renews): https://cityofkerman.net

1.00 Year 1 Annual Fee Discount for 2025 renewal already paid Annual Recurring Services - Initial Term USD 0.00
Annual Recurring Services - (Subject to Uplift) USD 15,462.18

1. This renewal Statement of Work ("SOW") is between City of Kerman, CA (“Customer”) and CivicPlus, LLC and shall be subject to the terms and conditions of the Master Services Agreement (“MSA”) and the applicable Solutions and Products terms found at: https:// www.civicplus.help/hc/en-us/p/legal-stuff (collectively, the “Terms and Conditions”). By signing this SOW, Customer expressly agrees to the Terms and Conditions throughout the Term of this SOW. The Terms and Conditions form the entire agreement between Customer and CivicPlus (collectively, referred to as the “Agreement”). The Parties agree the Agreement shall supersede and replace all prior agreements between the Parties with respect to the services provided by CivicPlus herein (the “Services”).

2. This SOW shall remain in effect for an initial term starting at the Customer’s next renewal date of 8/25/2025 and running for twelve months (“Initial Term”). In the event that neither party gives 60 days’ notice to terminate prior to the end of the Initial Term, or any subsequent Renewal Term, this SOW will automatically renew for additional 1-year renewal terms (“Renewal Term”). The Initial Term and all Renewal Terms are collectively referred to as the “Term”.

3. Unless terminated, Customer shall be invoiced for the Annual Recurring Services on each Renewal Date of each calendar year subject to an annual increase of 5% each Renewal Term.

4. Please note that this document is a SOW and not an invoice. Upon signing and submitting this SOW, Client will receive the applicable invoice according to the terms of the invoicing schedule outlined herein.

5. Client may issue purchase orders for its internal, administrative use only, and not to impose any contractual terms. Any terms contained in any such purchase orders issued by the Client are considered null and will not alter the Binding Terms, the Agreement or this SOW.

Page 1 of 2 ends

Exhibit 'A'
26 Section 5, Item E.

Acceptance of Quote # Q-108418-1
By signing below, the parties are agreeing to be bound by the covenants and obligations specified in this SOW. For CivicPlus Billing Information, please visit https://www.civicplus.com/verify/.

IN WITNESS WHEREOF, the parties have caused this SOW to be executed by their duly authorized representatives as of the dates below.

Client CivicPlus
By:
___________________________________
By:

Printed Name:
___________________________________
Printed Name:

Amy Vikander
Title:
___________________________________
Title:

Senior Vice President of Customer Success
Date:
___________________________________
Date:
9/24/2025
___________________________________
Organization Legal Name:
___________________________________
Billing Contact:
___________________________________
Title:
___________________________________
Billing Phone Number:
___________________________________
Billing Email:
___________________________________
Billing Address:
___________________________________
___________________________________
Mailing Address: (If different from above)
___________________________________
___________________________________
PO Number: (Info needed on Invoice (PO or Job#) if required) ___________________________________

Page 2 of 2 ends

27 Section 5, Item E.

STAFF REPORT
MEETING DATE: October 22, 2025
PRESENTER: Jesus A. Gonzalez, City Engineer
SUBJECT: Resolution Accepting the Downtown Corridor Revitalization Project - Phase 1, Federal Project No. CCL-5291(032) and Authorizing Filing of the Notice of Completion (JG) RECOMMENDATION: Council by motion adopt the resolution accepting the Downtown Corridor Revitalization Project - Phase 1, Federal Project No. CCL-5291(032) and authorizing the City Engineer to record the Notice of Completion.

EXECUTIVE SUMMARY:

The contractor, Wabo Landscape & Construction, Inc., has satisfactorily completed the work required for the Downtown Corridor Revitalization Project - Phase 1, Federal Project No. CCL5291(032). The Project consisted of: 1) the replacement of center median turf with drought tolerant shrubs and mulch, 2) the replacement of unhealthy trees, and 3) the installation of benches, trash receptacles, and planters.

Supplemental to the contract work, City personnel engaged in separate activities consisting of procuring mural artwork and installing wayfinding signs and streetlight banners to further enhance the corridor and meet the requirements of the Clean California grant funding source.

In order to close out the Project, City Council must accept the improvements and authorize the recording of a Notice of Completion.

The Project was advertised for bid, and the construction contract was awarded to Wabo Landscape & Construction, Inc. on October 9, 2024. The Contractor began construction on February 12, 2025, and completed the Project on August 14, 2025. The Project was completed within the specified contract time.

FISCAL IMPACT:

The City budgeted $834,500 for the Project. The estimated final Project cost is $797,000 including design, construction management, inspection, and contingency. The Project isfunded with Clean California grant funding and Measure M funding.

ATTACHMENTS:

A. Resolution
28 Section 5, Item F.

Attachment ‘A’
RESOLUTION NO. 25-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN

ACCEPTING IMPROVEMENTS AND AUTHORIZING FILING OF THE NOTICE OF COMPLETION FOR THE DOWNTOWN CORRIDOR REVITALIZATION PROJECT - PHASE 1, FEDERAL PROJECT NO. CCL-5291(032)
WHEREAS, Wabo Landscape & Construction, Inc. has completed the work for the Downtown Corridor Revitalization Project - Phase 1, Federal Project No. CCL-5291(032); and WHEREAS, the City Public Works Inspector has inspected the required improvements by the City, and all such improvements have been completed; and WHEREAS, the City Engineer recommends acceptance of the Downtown Corridor Revitalization Project - Phase 1, Federal Project No. CCL-5291(032), and requests the Council to authorize the City Engineer to record the Notice of Completion for the Project.

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

SECTION 1. The foregoing recitals are incorporated by reference.

SECTION 2. The Council acceptsthe Downtown Corridor Revitalization Project - Phase 1, Federal Project No. CCL-5291(032), and authorizes the City Engineer to record the Notice of Completion.

SECTION 3. This resolution is effective on adoption.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regular meeting held on the 22nd day of October 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.

Maria Pacheco
Mayor
ATTEST:

Josie Camacho
City Clerk
29 Section 5, Item F.

STAFF REPORT
MEETING DATE: October 22, 2025
PRESENTER: Josefina Alvarez, Finance Director
SUBJECT: Modification of Job Descriptions for Account Clerk I and Account Clerk II in Finance Department (JA)
RECOMMENDATION: Council by motion adopt resolution amending the job descriptions for the Account Clerk I and Account Clerk II positions in the Finance Department.

EXECUTIVE SUMMARY:

The Finance Department is, at many times, the first point of contact for customers in the City of Kerman. The Account Clerk I position in the Finance Department greets and provides customer service to the majority of residents. The Account Clerk II position would serve as backup when the Account Clerk I is unavailable. Customers are able to contact the Finance Department in person, by phone, or by email. A considerable number of customers speak only Spanish, making it crucial to modify the job descriptions to now state “proficient in Spanish.” Staff recommend this change to both job descriptions to eliminate a second Finance employee from providing translation services and to expedite assistance to our residents. The job descriptions for the Account Clerk I and Account Clerk II positions will remain an hourly position and are part of the KMEA bargaining unit.

With the passing of the Fiscal Year 2025/2026 budget, these positions were already approved by Council.

FISCAL IMPACT: None
ATTACHMENTS:

A. Resolution
30 Section 5, Item G.

Attachment ‘A’
RESOLUTION NO. 25-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING

MODIFICATION OF JOB DESCRIPTIONS FOR THE ACCOUNT CLERK I AND

ACCOUNT CLERK II POSITIONS IN THE FINANCE DEPARTMENT
WHEREAS, the Finance Department is the first point of contact for the majority of customers in the City of Kerman; and
WHEREAS, customers are able to reach the Finance Department in person, by phone, or by email; and
WHEREAS, a considerable number of residents speak only Spanish; and WHEREAS, staff is recommending modifying the job descriptions for the Account Clerk I and Account Clerk II positions to state “Proficient in Spanish”; and WHEREAS, clear and current job descriptions are required for optimal employee performance; and
WHEREAS, the job descriptions do not negatively affect any incumbents; and WHEREAS, the job descriptions have been reviewed by the KMEA; and WHEREAS, the proposed changes do not result in any salary adjustments for Fiscal Year 2025/2026.

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

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

Section 2. The City Council approves the Job Descriptions as set forth in Exhibit ‘A’ and incorporated herein by reference.

Section 3. This resolution is effective upon its adoption. (Certification on following page)
31 Section 5, Item G.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regularly scheduled meeting held on the 22
nd day of October 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing resolution is hereby approved.

ATTEST:

Maria Pacheco
Mayor
Josie Camacho
City Clerk
32 Section 5, Item G.

JOB DESCRIPTION
JD Revision Date: October 1, 2025
Title Account Clerk I
Reports To Finance Director
Bargaining Unit Kerman Miscellaneous Employees Association (KMEA) Definition
To perform financial and administrative clerical duties that involves posting, checking entries and balancing accounts in an accounting system; to perform a variety of tasks in the preparation of utility bills; and to do related work as required. Must demonstrate commitment, dependability and respect for other employees with regular attendance, punctuality and adherence to agreed-upon schedule of availability.

Distinguishing
Characteristics
Work under close supervision performing a group of repetitive or closely related duties according to established procedures. While a variety of tasks may be assigned, each step usually fits a pattern which has been observed and reviewed both during its performance and upon completion, and changes in procedure or exceptions to rules are explained in detail as they arise.

Examples of Duties
• Maintain general and subsidiary ledger records according to established account classifications. • Post entries from supportive records and balance against other records. • Process and/or provide backup support for processing accounts payable and receivables, purchase orders, dog license billings and invoicing and collection of funds. • Serve at public counter collecting service payments and license fees; make change; count cash and verify receipts; make daily bank deposits.
• Accurately record data changes to customer accounts such as names and address, phone numbers etc. in a timely manner.
• Utilize spreadsheets and accounting software programs; enter, post, verify, handle and retrieve a wide variety of routine financial data.
• Processes incoming and outgoing mail.
• Assists with water shut off processes.
• Participate in the assignment of appropriate billing rates for utility and other municipal services; make adjustments and corrections on accounts.
• Provide accurate and timely information and assistance to managers and employees. • Post charges to accounts.
• Assist in departmental budgetary control.
• Participate in the assignment of appropriate billing rates for utility and other municipal services; make adjustments and corrections on accounts.
• Prepare, stuff and mail monthly utility statements.
• Performs other related duties as required
Qualifications
Knowledge Of
• Modern office practices and procedures.
• Proficient in Excel and Word.
• General accounting procedures
Exhibit 'A'
33 Section 5, Item G.

JOB DESCRIPTION - Account Clerk I Page 2
Ability To
• Have well developed communication skills, both verbal and written. • Accurately provide data entry.
• Provide organization and teamwork skills.
• Work independently and follow through to achieve results. • Work with software related to accomplishing the accounting functions, including spreadsheets and various computer applications
• Perform clerical work, office and accounting procedures. • Understand and carry out oral and written instructions.

Education Equivalent to the completion of twelfth grade. Supplemented courses in bookkeeping preferred.

Experience Two years of clerical and cash handling experience.

Special Qualifications
Driver’s License Possession of a valid California Class C Driver License is required. Individuals who do not meet this requirement due to physical disability will be reviewed on a case-by-case basis.

Bilingual Proficient in Spanish
Physical Demands Light work in an office setting. Lifting, carrying and/or pushing 25 pounds maximum Probationary Period Twelve (12) months
34 Section 5, Item G.

JOB DESCRIPTION
JD Revision Date: October 1, 2025
Title Account Clerk II
Reports To Finance Director
Bargaining Unit Kerman Miscellaneous Employees Association (KMEA) Definition
To perform financial and administrative clerical duties that involves posting, checking entries and balancing accounts in an accounting system; to perform a variety of tasks in the preparation of utility bills; and to do related work as required. May provide direction to Account Receptionist or Account Clerk I. Must demonstrate commitment, dependability and respect for other employees with regular attendance, punctuality and adherence to agreed-upon schedule of availability.

Distinguishing
Characteristics
Work under general supervision and, within the framework of established procedures to perform a wide variety of accounting duties with only occasional instruction or assistance. Requires the knowledge of departmental procedures and precedence, and the ability to choose among a limited number of alternatives in solving routine problems. Expected to work productively even in the absence of supervision. Work is normally reviewed only on completion and for overall results.

Examples of Duties
• Maintain general and subsidiary ledger records according to established account classifications. • Post entries from supportive records and balance against other records. • Primary processor for accounts payable and receivables, purchase orders, invoicing and collection of funds.
• Processes Building Permits.
• Process Business Licenses and perform annual business verification of business requesting payment.
• Process accounts payable vendor 1099’s annually
• Serve at public counter collecting service payments and license fees; make change; count cash and verify receipts; make daily bank deposits.
• Accurately record data changes to customer accounts such as names and address, phone numbers etc. in a timely manner.
• Utilize spreadsheets and accounting software programs; enter, post, verify, handle and retrieve a wide variety of routine financial data.
• Processes incoming and outgoing mail.
• Principal contact for water shut off processes.
• Participate in the assignment of appropriate billing rates for utility and other municipal services; make adjustments and corrections on accounts.
• Insures that the Department’s forms are up-to-date on the website. • Provide accurate and timely information and assistance to managers and employees. • Post charges to accounts.
• Assist in departmental budgetary control.
• Prepare financial and statistical reports.
• Participate in the assignment of appropriate billing rates for utility and other municipal services; make adjustments and corrections on accounts.
• Prepare, stuff and mail monthly utility statements.
• Performs other related duties as required
35 Section 5, Item G.

JOB DESCRIPTION - Account Clerk II Page 2
Qualifications
Knowledge Of
• Modern office practices and procedures.
• Proficient in Excel and Word.
• General accounting procedures
• Municipal accounting system requirements and procedures.

Ability To
• Have well developed communication skills, both verbal and written. • Accurately provide data entry.
• Provide organization and teamwork skills.
• Work independently and follow through to achieve results. • Work with software related to accomplishing the accounting functions, including spreadsheets and various computer applications
• Perform clerical work, office and accounting procedures. • Understand and carry out oral and written instructions. • To provide supervision in the absence of the Senior Accountant.

Education Equivalent to the completion of twelfth grade. Supplemented courses in bookkeeping preferred.

Experience One year of experience performing the duties comparable to those of Account Clerk I in the City of Kerman and two years of clerical and cash handling experience.

Bilingual Proficient in Spanish
Physical Demands Light work in an office setting. Lifting, carrying and/or pushing 25 pounds maximum Probationary Period Twelve (12) months
36 Section 5, Item G.

STAFF REPORT
MEETING DATE: October 22, 2025
PRESENTER: John Jansons, City Manager
SUBJECT: Consideration of Resolution Approving Updated Emergency Operations Plan (JAJ) RECOMMENDATION: Council by motion adopt a resolution approving updated Emergency Operations Plan.

EXECUTIVE SUMMARY:

In 2024, the City performed a comprehensive rewrite and update of the Emergency Operation Plan (EOP or “Plan”). The final draft plan was presented to City Council in 2024, and changes were identified as necessary to reflect the new City Council taking office in January 2025. It was determined that to proceed with the draft plan, it was necessary to adopt an ordinance to update and modernize Kerman Municipal Code (KMC) Chapter 2.52. The Council adopted an ordinance adopting new Chapter 2.52 titled “Emergency Organization and Functions” on September 24, 2025. The proposed resolution Attachment ‘A’ adopts an Emergency Operations Plan which conforms to the new ordinance.

DISCUSSION:

Preserving life, property, and the environment are inherent responsibilities of local, state, and federal governments. As disasters can occur at any time, the City of Kerman must provide safeguards that will save lives and minimize property and environmental damage through careful planning, preparedness measures, and training. Sound emergency plans carried out by knowledgeable and well-trained personnel can and will minimize losses.

The City’s Emergency Operations Plan establishes an Emergency Management Organization and assigns functions and tasks consistent with California’s Standardize Emergency Management System (SEMS) and the National Incident Management System (NIMS). It provides for the integration and coordination of planning efforts through a whole community approach and authorizes city personnel to perform their duties and tasks before, during, and after an emergency.

This plan was developed for City Departments and local Special Districts with emergency services responsibilities within the City. The content is based upon guidance approved and provided by the Federal Emergency Management Agency and the California Office of Emergency Services. The intent of the plan is to provide directions on how to respond to an emergency from the onset, through an extended response, and into the recovery process. 37 Section 5, Item H.

Once adopted, this plan is an extension of the Fresno County Emergency Operations Plan and the California Emergency Plan. It will be reviewed, exercised periodically, and revised as necessary to meet changing conditions.

This promulgation shall be effective upon its signing and shall remain in effect until amended or rescinded by further promulgation The promulgation of this EOP further affirms the City of Kerman’s support for emergency management and a safe and resilient community.

The City of Kerman's Emergency Operations Plan (EOP) serves as a strategic framework for a prepared response to extraordinary emergencies, encompassing natural or man-made disasters under an all-hazards approach. This plan is distinct from the routine procedures applied to day-to-day emergencies within departments. Instead, it is crafted to address operational concepts essential for large-scale disasters that pose significant threats to life, property, and the environment, necessitating unique and extensive emergency responses.

With the update to KMC Chapter 2.25, the Disaster Council has been designed and proposed to function as a community-based emergency preparedness and response tool in accordance with the California Emergency Services Act (CESA) and the City of Kerman Municipal Code.

Finally, it should be noted that Government Code §8630 et seq., governs statutory provisions on local emergencies, Government Code §8610 et seq., provides provisions on local disaster councils, and Government Code §38791 provides provisions on City emergency executives and these may be reviewed for further explanation of City responsibilities and roles.

FISCAL IMPACT:

None to adopt resolution of approval. Future emergency preparedness training and supplies will require future funding.

ATTACHMENTS:

A. Resolution w/Exhibit
38 Section 5, Item H.

Attachment ‘A’
RESOLUTION NO. 25- ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN ADOPTING AN UPDATED

EMERGENCY OPERATIONS PLAN (EOP) FOR THE CITY OF KERMAN
WHEREAS, the City of Kerman recognizes the importance of maintaining an effective Emergency Operations Plan (EOP) to safeguard the lives, property, and welfare of its residents in times of emergencies and disasters; and
WHEREAS, the prior plan was last updated and promulgated in 2003 including a Disaster Council operative under 1951 municipal code sections; and WHEREAS, it is essential to periodically review and update the EOP to align with changing risks, technologies, and best practices in emergency management; and WHEREAS, the City of Kerman has conducted a thorough review and revision process to ensure that the updated EOP reflects current emergency management standards and addresses potential hazards and vulnerabilities within the jurisdiction; and WHEREAS, the updated EOP has been developed through collaboration and input from relevant stakeholders, including city departments, emergency response agencies, community organizations, and the public; and
WHEREAS, the updated EOP, in final draft form, was presented to, and received preliminary approval from City Council in 2024; and
WHERAS, Chapter 2.52 of the Kerman Municipal Code was updated by Ordinance No. 25- 02 to modernize the Disaster Council to conform to the then proposed Draft Emergency Operation Plan for operability and effectiveness; and
WHEREAS, the Draft EOP has been updated to conform to Chapter 2.52 of the Kerman Municipal Code; and
WHEREAS, the adoption of the final EOP will enhance the City of Kerman's preparedness, response, and recovery capabilities, thereby better positioning the city to mitigate the impacts of emergencies and disasters on its residents and infrastructure.

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

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

2. The City Council hereby adopts the updated Emergency Operations Plan (EOP), dated September 2025 for the City of Kerman, Exhibit ‘A’ as the official guiding document for emergency preparedness, response, and recovery activities within the jurisdiction. 39 Section 5, Item H.

3. The City Manager or designated authority is directed to ensure the dissemination and implementation of the updated EOP among all relevant city departments, agencies, and stakeholders.

4. The City Council emphasizes the importance of ongoing training, exercises, and public outreach initiatives to familiarize stakeholders with the updated EOP and enhance community resilience in the face of emergencies and disasters.

5. The City Council expresses its gratitude to all individuals and organizations involved in the review, revision, and development of the updated EOP, whose dedication and expertise have contributed to the city's overall readiness and resilience.

6. This resolution shall take effect immediately upon adoption.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regular meeting held on the 22nd day of October 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing resolution is hereby approved.
____________________________
Maria Pacheco
Mayor
ATTEST:
___________________________
Josie Camacho
City Clerk
40 Section 5, Item H.

Exhibit ‘A’
Due to the size of the EOP, its size a link is provided here for online viewing – https://www.cityofkerman.net/DocumentCenter/View/1907/Emergency-OperationsPlan41 Section 5, Item H.

STAFF REPORT
MEETING DATE: October 22, 2025
PRESENTER: Jesus A. Gonzalez, City Engineer
SUBJECT: Public Hearing and Authorization of Submission of Application for Community Development Block Grant Funds for Program Year 2026-2027 (JG) RECOMMENDATION: Council conduct a Public Hearing and adopt the resolution authorizing the submission of an application for Community Development Block Grant (CDBG) funds for Program Year 2026-2027 for Solar Streetlight Improvements.

EXECUTIVE SUMMARY:

The City of Kerman receives an annual allocation of Federal CDBG funds from the U.S.

Department of Housing and Urban Development (HUD) through an agreement with the County of Fresno (County). The City’s funding allocation for Program Year 2026-2027 is estimated at $167,000. Staff submitted an application to the County for installation of solar streetlights in the area bounded by Kearney Boulevard, Eighth Street, California Avenue, and Sixth Street.

The proposed Project involves the installation of approximately seventeen (17) solar streetlights to reduce lighting gaps, resulting in safer nighttime conditions. The City currently has fifteen lights in its possession and will procure an additional two (2) before the start of the Project. The Project is located within an area where over 51 percent of the households are low to moderate income. A preliminary application for the proposed Project was submitted to the County for verification of eligibility, and the County has determined the Project to be eligible for funding.

A Public Hearing is required to be held to allow interested citizens the opportunity to comment on projects or activities submitted for CDBG funding. The Notice of Public Hearing was published in the Mid Valley Times on October 8, 2025 and posted at City Hall.

PROGRAM IMPACT:

The total Project estimated cost is $182,000. The City’s 2026-2027 Program Year CDBG funding allocation is estimated at $167,000. The Project overage in the amount of $21,000 will be through a local match funding source to be identified in the Program Year 2026-27 budget.

ATTACHMENTS:

A. Resolution
42 Section 6, Item A.

Attachment ‘A’
RESOLUTION NO. 25-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN AUTHORIZING

SUBMISSION OF APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR PROGRAM YEAR 2026-2027
WHEREAS, a Notice of Public Hearing was published in the Mid Valley Times on October 8, 2025; and
WHEREAS, the City Council held a Public Hearing to discuss an application for Community Development Block Grant (CDBG) Funds for Program Year 2026-2027 on October 22, 2025, and to receive public comments; and
WHEREAS, the City Council received a report from the City Engineer identifying the need for solar streetlights in the area bounded by Kearney Boulevard, Eighth Street, California Avenue, and Sixth Street.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KERMAN RESOLVES AS FOLLOWS:

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

2. Submission of an application for CDBG Funds for 2026-2027 to the County of Fresno for the installation of solar streetlights is hereby authorized.

3. The City Manager is authorized to sign all application documents and funding agreements pertaining to said project.

4. This resolution is effective upon adoption.
(Certification on following page)
43 Section 6, Item A.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regular meeting held on the 22nd day of October 2025 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing resolution is hereby approved.

Maria Pacheco
Mayor
ATTEST:

Josie Camacho
City Clerk
44 Section 6, Item A.

STAFF REPORT
MEETING DATE: October 22, 2025
PRESENTER: Bonique Emerson, Contract Planner
SUBJECT: Public Hearing Regarding General Plan Amendment (GPA 2023-02), Rezone (REZ 2023- 03), Tentative Parcel Map (TPM 2024-01), Tentative Subdivision Map (TSM 2023-03), Annexation (ANX 2023-03), and Mitigated Negative Declaration (SCH No. 2025060904) Pertaining To Two (2) Parcels Located On The South side of West Nielsen Avenue Between North Madera Avenue and North Del Norte Avenue (APNs 020-120-06 and 020-120-03S) (JJ) RECOMMENDATION: The Kerman City Council conduct a public hearing, deliberate, and:

2. Introduce by title only an ordinance of the City Council of the City of Kerman approving Rezone 2023-03 to amend the official zoning map of the City of Kerman for two (2) parcels identified as Assessor’s Parcel Numbers (APNs) 020-120-06 (19.82 acres) and 020-120-03S (20 acres), pre-zoning the parcels consistent with the proposed land use designations, resulting in approximately 30.39 acres within the Smart Development Combining District – Residential – minimum 3,500 square feet (SD-R-3.5), 8.74 acres within the Mixed Use District, totaling approximately 39.13 acres located on the south side of West Nielsen Avenue between North Madera Avenue and North Del Norte Avenue (Rezone 2023-03).

EXECUTIVE SUMMARY:

Lifetime Communities (Applicant) proposes General Plan Amendment (GPA) 2023-02, Rezone (REZ) 2023-03, Tentative Parcel Map (TPM) 2024-01, Tentative Subdivision Map (TSM) 2023-03, and Annexation (ANX) 2023-03, and related Mitigated Negative Declaration pertaining to two (2) parcels identified as Assessor’s Parcel Numbers (APNs) 020-120-06 (19.82 acres) and 020-120-03S (20 acres), totaling approximately 40 acres located on the south side of West Nielsen Avenue between North Madera Avenue and North Del Norte Avenue. The Project would result in the annexation of approximately 40 acres from the County of Fresno to the City of Kerman, an amendment of the 2040 Kerman General Plan planned land use designations for ±9.64 acres, an amendment to the official zoning map of the City of Kerman for ±40 acres, a split of ±40 acres into two (2) parcels and a remainder, and the subdivision of ±28.35 acres for future single-family use. Future development of 45 Section 6, Item B.
the Project site would require additional entitlements, including but not limited to, a Development Plan Permit, Site Plan Review, and Conditional Use Permit.

As noted in the Recommendations above, at this meeting the Council is asked to approve the resolution regarding the mitigated negative declaration (CEQA) and General Plan Amendment and to introduce the ordinance amending the Zoning Map. At the next meeting, Council will be asked to approve the following:

1. A resolution to approve The Orchards at Gill Estates parcel map of two (2) parcels identified as 020-120-06 (20 acres) and 020-120-03S (20 acres) into two (2) parcels and one (1) remainder, including a 28.35-acre “Parcel 1” that would accommodate TSM 2023-03, a 8.74- acre “Parcel 2” on the east portion of APN 020-120-06 with no development proposed at this time, and a 2.04-acre “Remainder” on the northwest corner with an existing single-family residence (Tentative Parcel Map 2024-01); and

2. A resolution to approve The Orchards at Gill Estates subdivision of one (1) parcel (Parcel 1 of TPM 2024-01) into 172 single-family lots ranging in size from 3,690 square feet to 8,987 square feet and five (5) outlots, totaling approximately 28.35 acres located on the south side of West Nielsen Avenue between North Madera Avenue and North Del Norte Avenue (Tentative Subdivision Map 2023-03); and

3. A resolution to initiate annexation of two (2) parcels identified as Assessor’s Parcel Numbers (APNs) 020-120-06 (19.82 acres) and 020-120-03S (20 acres), totaling approximately 40 acres located on the south side of West Nielsen Avenue between North Madera Avenue and North Del Norte Avenue (Annexation 2023-03).

APPLICABLE CODES AND PROCEDURES:

KMC Title 16 – Subdivisions
KMC 17.10 – Residential Zones
KMC 17.12 – Commercial, Office, and Mixed-Use Zones
KMC 17.18 – Combining Zones
KMC 17.20 – General Site Planning and Development Standards KMC 17.98 – CEQA Procedures
KMC 17.112 – Amendments
KMC 17.116 – Public Notices and Hearings
Public Resource Code – 21000 et seq.

BACKGROUND:

Site Location
The Project site is currently in the jurisdiction of the County of Fresno, California. The site is located on the south side of West Nielsen Avenue between North Madera Avenue and North Del Norte Avenue, consisting of two (2) parcels that total approximately 40 acres. The site is identified by the Fresno County Assessor as Assessor’s Parcel Numbers (APNs) 020-120-06 (19.82 acres) and 020-120- 03S (20 acres). The Project Vicinity Map is shown in Attachment ‘A’. 46 Section 6, Item B.

Setting and Surrounding Uses
As referenced in Table 1, the Project site is surrounded by agricultural land to the north, east, and west, and a new school facility to the south. The properties to the west are planned for residential uses and properties to the east are planned for commercial uses within the City of Kerman Sphere of Influence. The properties to the north 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 Agriculture Urban Reserve
(County)
AE-20 – Agriculture Exclusive, 20 acre
(County)
East Agriculture GC - General
Commercial
AE-20 – Agriculture Exclusive, 20
acre, AL-20 – Agriculture Limited, 20
acre (County)
South KUSD School Site Schools/Institutional
(S/I)
UR – Urban Reserve
West Agriculture MDR - Medium
Density Residential
AE-20 – Agriculture Exclusive, 20
acre, AL-20 – Agriculture Limited, 20
acre (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 (30.19 acres) and GC – General Commercial (9.64 acres). Acreages of land use designations by APN are shown in Table 2. The General Plan Land Use Map for the Project site is shown in Attachment ‘C’.

Table 2. Acreages of Existing Land Use Designations by APN APN General Plan Land Use Designation (Acres)
MDR – Medium Density Residential GC – General Commercial APN 020-120-06 10.19 9.64
APN 020-120-03S 20.00 0
Total 30.19 9.64
Zone District
The Project site is located within the City’s Sphere of Influence but since it is outside City limits, the site is zoned by the County. The site is within the County of Fresno’s Agricultural Exclusive – 20 Acres (AE-20) and Limited Agricultural – 20 Acres (AL-20) zone district. The Zoning Map for the Project site is shown in Attachment ‘D’.
47 Section 6, Item B.

ANALYSIS:

Annexation 2023-03
Annexation (ANX) 2023-03 would initiate the annexation process for two (2) parcels identified as APNs 020-120-06 (19.82 acres) and 020-120-3S (20 acres), totaling approximately 40 acres located in the City of Kerman Sphere of Influence, on the south side of West Nielsen Avenue between North Madera Avenue and North Del Norte Avenue from the County of Fresno to the City Limits of City of Kerman, in addition to adjacent right-of-way, and detach the annexation area from the Kings River Conservation District. The Annexation Boundary is shown in Attachment ‘K’.

The annexation application will be considered by the Fresno County Local Agency Formation Commission (LAFCO) for approval. Per LAFCO, the annexation is required to comply with LAFCO policies and objectives. Pursuant to the Second Amendment and Restated Memorandum of Understanding (MOU) between the County of Fresno and City of Kerman, the City must issue a notice of intent to annex and request a finding of consistency with the MOU, at least 30 days prior to filing any annexation proposal with the Fresno County LAFCO.

General Plan Amendment 2023-02
General Plan Amendment (GPA) 2023-02 would amend the Kerman 2040 General Plan planned land use designations for the parcel identified as APNs 020-120-06 as shown in Table 3. GPA 2023-02 would result in approximately 11.08 acres of MDR – Medium Density Residential and 8.74 acres of MU – Mixed Use land use designations, representing an increase in acreages of the MU land use designation and decrease in acreage of the GC land use designation. No amendment is proposed for the parcel identified as APN 020-120-03S, the parcel would remain MDR as currently exists.

Table 3. Existing and Proposed Land Use Designations for APN 020-120-06 General Plan Land Use Designation Existing Acreages Proposed Acreages MDR – Medium Density Residential 10.19 11.08
GC – General Commercial 9.64 0
MU – Mixed Use 0 8.74
The definition and description of MDR and MU land use designations per the General Plan, and an analysis of the project’s consistency with the General Plan are described below. • MDR – Medium Density Residential Land Use Designation: The MDR land use designation “allows for residential development at a density of 5 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 R1-7, R-1-12, R-2, SD-R-5, SD-R-4.5, SD-R-3.5, PD-R-7, and PD-R-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).

6.1 units per acre (172 lots divided by 28.35 acres equals 6.1 dwelling units per acre) and would be within the density requirements for the MDR land use designation (5.0 to 12.0 dwelling units per acre). The project also proposes a rezone, which would pre-zone/rezone the MDR portion of the site to the SD-R-3.5 zone district. The SD-R-3.5 zone district is a zone district that is compatible with the MDR land use designation.
• MU – Mixed Use Land Use Designation: The MU land use designation allows for a maximum density of 20 dwelling units per acre and a maximum intensity of 1.0 floor area ratio. The MU land use designation is compatible with the MU zoning district. Typical uses of this land use designation include a combination of single and multifamily dwellings, major retail stores and restaurants, personal service/repair, medical, and office uses, administrative and professional offices, and central gathering places.

No development is proposed on the portion of the site proposed to be planned for MU. The project proposes a rezone, which would pre-zone/rezone the MU portion of the site to the MU zone district. The MU zone district is a zone district that is compatible with the MU land use designation.

Future development would be subject to compliance with the applicable development standards contained in the KMC Section 17.12-2 Development Standards – Commercial, Office, and MixedUse Zones and other applicable sections of the Zoning Code. Compliance with these standards would be ensured through the entitlement review process.

Rezone 2023-03
Rezone (REZ) 2023-03 would pre-zone approximately 39.13 acres (APNs 020-120-03S and 020-120- 06) to zoning districts consistent with the underlying General Plan land use designations. The prezone would include 30.39 acres to the Smart Development Combining District – Residential – minimum 3,500 square feet (SD-R-3.5) and 8.74 acresto the Mixed Use (MU)zoning district, as shown in Attachment ‘H’. Because the site is outside City limits, proposed development would require annexation and a pre-zone of the site to a zoning district consistent with the City of Kerman 2040 General Plan planned land use designation.

The purpose of each proposed zone district is described by the Kerman Municipal Code (KMC), in addition an analysis of the project, is as follows.
• Smart Residential Development (SD) Combining Zone District: The purpose of the Smart Residential Development (SD) combining zone 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 zone.

The SD combining zone 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 shall be achieved through a mix of residential housing types and sizes. The SD combining zone implements the Low Density Residential (LDR), 49 Section 6, Item B.

Medium Density Residential (MDR), High Density Residential (HDR), Quasi-Public (QP), and Schools (S) land use designations in the General Plan.

The project proposes 172 single-family lots, “The Orchards at Gill Estates,” on a portion of the site proposed to be planned for MDR. The number of proposed lots equate to a residential density of 6.1 units per acre (172 lots divided by 28.35 acres equals 6.1 dwelling units per acre) and would be within the density requirements for the MDR land use designation (5.0 to 12.0 dwelling units per acre) and the SD-R-3.5 zone district (maximum of 12.0 dwelling units per acre). Future development would be subject to compliance with applicable development standards contained in KMC Section 17.18.030 Smart Residential Development Combining Zone (SD) Standards and Regulations. Compliance with these standards would be ensured through the entitlement review process. Projects within SD zone districts are subject to a Development Plan Permit. • Mixed-Use Zone District: The purpose of the Mixed-Use Zone (MU) is to provide areas of the City that allow for a combination of residential, office, and essential commercial uses, e.g., pharmacies, laundromats, grocery stores. The MU zone implements the Mixed Use (MU) land use designation in the General Plan.

The project proposes one (1) mixed use parcel that is approximately 8.74 acres and would meet the minimum parcel size required for the MU zone district (7,000 square feet for newly created parcels). The MU zone district allows a maximum density of 20 dwelling units per acre (du/ac) and a maximum intensity of 1.0 Floor Area Ratio (FAR). Future development would be subject to compliance with the applicable development standards contained in the KMC Section 17.12-2 Development Standards – Commercial, Office, and Mixed-Use Zones and other applicable sections of the Zoning Code. Compliance with these standards would be ensured through the entitlement review process.

Tentative Parcel Map 2024-01
Tentative Parcel Map (TPM) 2024-01 would split the two (2) parcels identified as APNs 020-120-03S and 020-120-06 into two (2) parcels and one (1) remainder, including a 28.35-acre “Parcel 1” that would accommodate TSM 2023-03, a 8.74-acre “Parcel 2” on the east portion of APN 020-120-06 with no development proposed at this time, and a 2.04-acre “Remainder” on the northwest corner of APN 020-120-03S with an existing single-family residence (Attachment ‘I’).

The project proposes the 8.74-acre “Parcel 2” as Mixed Use (MU) zone district and Mixed Use (MU) land use designation and would meet the minimum parcel size required for the MU zone district (7,000 square feet for newly created parcels). The MU zone district allows a maximum density of 20 dwelling units per acre (du/ac) and a maximum intensity of 1.0 Floor Area Ratio (FAR). Future development would be subject to compliance with the applicable development standards contained in the KMC Section 17.12-2 Development Standards – Commercial, Office, and Mixed-Use Zones and other applicable sections of the Zoning Code. Compliance with these standards would be ensured through the entitlement review process.

Tentative Subdivision Map 2023-03
Tentative Subdivision Map (TSM) 2023-03 would subdivide “Parcel 1” of TPM 2024-01 into 172 singlefamily lots ranging in size from 3,690 square feet to 8,987 square feet, and five (5) outlots 50 Section 6, Item B.
(Attachment ‘J’). The lot areas conform to the standards of development as defined by the Zoning Ordinance for the applicable development zone districts. No development is currently proposed.

The project proposes 172 single-family lots, “The Orchards at Gill Estates,” which would equate to a residential density of 6.1 units per acre (172 lots divided by 28.35 acres equals 6.1 dwelling units per acre) and would be within the density requirements for the MDR land use designation (5.0 to 12.0 dwelling units per acre) and the SD-R-3.5 zone district (maximum of 12.0 dwelling units per acre).

Future development would be subject to compliance with applicable development standards contained in KMC Section 17.18.030 Smart Residential Development Combining Zone (SD) Standards and Regulations. Compliance with these standards would be ensured through the entitlement review process. Projects within SD zone districts are subject to a Development Plan Review Permit.

Public utility easements and pedestrian easements are proposed as required throughout the subdivision. Nine (9) foot landscape outlots (Outlot A and Outlot B) are proposed along the southern boundary of the subdivision. A park is proposed at the center of the subdivision (Outlot C). Outlot D is proposed on the northwest corner of the site as a stormwater basin. Outlot E is proposed at the southeast corner of the site for public utility and pedestrian access purposes.

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, with discussion of the Project’s consistency.

General Plan Policy LU-1.4. Limit Residential Development Along Highways: The City shall limit residential development from fronting State Highway 145 and State Highway 180 to ensure public safety. Residential development along these facilities shall be designed and buffered to reduce noise and air pollutant impacts to the maximum extent reasonably feasible and consistent with CEQA review. The project as proposed is consistent with General Plan Policy LU-1.4. The project site is located on the west side of North Madera Avenue (State Route 145). The project site is currently planned for MDR and GC land use designations. The portions of the site planned for GC land uses are concentrated along North Madera Avenue.

Although the project proposes a General Plan Amendment to amend the planned land use designations for APN 020-120-06, the MU planned portion of the site would be concentrated along North Madera Avenue, replacing the current GC planned portion. Future residential development of the portions of the site planned for residential use would be subject to compliance with the applicable development standards for the underlying zone district, including setbacks, landscaping, fences, walls, and hedges, etc. which help to ensure adequate buffers between uses to ensure public safety.
51 Section 6, Item B.

In addition, environmental impacts of the project, including the General Plan Amendment and Rezone, have been analyzed in accordance with the California Environmental Quality Act (CEQA). An Initial Study (IS) and Mitigated Negative Declaration (MND) was prepared to evaluate the potential impacts associated with the project. Based upon review of the IS/MND, air pollutant impacts were found to be less than significant; however, noise-related impacts were found to be potentially significant for transportation noise sources and potential stationary and construction noise sources.

Mitigation measures are established to reduce noise levels below levels of significance. Future residential and commercial development would be subject to compliance with these mitigation measures.

Overall, through compliance with the applicable development standards and with the noise-related mitigation measures, the project as proposed would be designed and buffered to reduce impacts to the maximum extent reasonably feasible and consistent with CEQA review and therefore would be consistent with General Plan Policy LU-1.4.

General Plan Policy LU-1.6. Agricultural Buffers: The City shall require non-agricultural land uses adjacent to active agricultural uses to incorporate adequate buffers (e.g., setbacks, fences) to protect public health and limit conflicts with adjoining agricultural operations and pesticide applications. The project site is adjoined by agricultural land use to the north, east and west. Potential conflicts between urban and agricultural uses were analyzed in the Initial Study prepared for the project in accordance with CEQA. In order to reduce potential conflicts between uses, the Initial Study requires implementation of the following measures: 1) potential residents shall be notified about possible exposure to agricultural chemicals at the time of purchase/lease of property within the development, 2) a right-to-farm covenant shall be recorded on each residential tract map or be made a condition of each tract map to protect continued agricultural practices in the area, and 3) potential residents shall be informed of the right-to-farm covenant at the time of purchase/lease of property within the development. Future residential development would also be subject to compliance with the applicable development standards for the underlying zone district, including setbacks, landscaping, fences, walls, and hedges, etc. which help to ensure adequate buffers to protect public health and limit conflicts. Overall, through compliance with the mitigation measures and applicable development standards, the project as proposed would incorporate adequate buffers to protect public health and limit conflicts with adjoining agricultural operations and pesticide applications, and therefore would be consistent with General Plan Policy LU-1.6.

General Plan Policy LU-3.2 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 [General Plan] Figure 3‐2.)
• The City may consider requests to amend the current Sphere of Influence and City limits into Area 1 (shown on Figure 3‐2) based on the ability of the City to provide services to the area. • The City may consider requests to amend the current Sphere of Influence and City limits into Area 2 (shown on Figure 3‐2) if Area 1 has reached the 80 percent infill criteria (for residentially designated lands). The City Council may, at that time, consider allowing development beyond the Area 1 Growth Boundary Line.
• For any change in Sphere of Influence or City limits, the following considerations will be used:
52 Section 6, Item B.
o 80 percent of Area 1’s residentially designated land has been developed or has approved development plans.
o Residential housing needs such as affordable housing or a desire for a wider and more diverse range of housing.
o Community needs such as open space, recreational facilities, parks, schools, etc. o Obstacles to growth such as cost of infrastructure, Williamson Act properties, etc. o Economic development needs.

The project site is outside City limits but is within the City’s Sphere of Influence. The project requires annexation and therefore would result in a change in City limits. The project as proposed would meet the considerations of General Plan Policy LU-3.2 Urban Form. Specifically, the project would facilitate future residential units which would help meet the city’s residential housing needs such as affordable housing or a desire for a wider and more diverse range of housing. The project would also facilitate open space (Outlot C) meeting community needs. The project would not result in obstacles to growth because future development would be able to connect to City services. The project would result in infrastructure improvements, including roadway and circulation improvements. Lastly, the project would facilitate future commercial uses which would serve the city’s economic development needs.

Based on these considerations, the project as proposed maintains growth management controls and is consistent with General Plan Policy LU-3.2.

General Plan Policy 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 project site is contiguous to existing and approved development within City Limits. Thus, the project does not encourage sprawl and is therefore consistent with General Plan Policy LU-3-3.

General Plan Policy LU-3.4 Leapfrog Development: The City shall require the Planning Commission and City Council to make a finding before approving new subdivisions that are more than 1/8 mile from existing urban development. The project site is contiguous to existing urban development and thus would not constitute leapfrog development.

General Plan Policy LU-4.5. Right-to-Farm Disclosure: The City shall require that property owners and applicants within 1,000 feet of agricultural land or agricultural operations sign and record a deed of notification to document that they were informed of the potential agricultural operations and agricultural conditions in the area. The project is within 1,000 feet of agricultural land and operations.

A right-to-farm disclosure is required for the project through the Conditions of Approval. All future property owners and applicants are required to sign and record a deed of and notification to document that they were informed of the potential agricultural operations and agricultural conditions in the area. In addition, the Initial Study requires implementation of the following measures: 1) potential residents shall be notified about possible exposure to agricultural chemicals at the time of purchase/lease of property within the development, 2) a right-to-farm covenant shall be recorded on each residential tract map or be made a condition of each tract map to protect continued agricultural practices in the area, and 3) potential residents shall be informed of the rightto-farm covenant at the time of purchase/lease of property within the development. Therefore, the project is consistent with General Plan Policy LU-4.5.
53 Section 6, Item B.

General Plan Policy 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 currently planned for residential and commercial uses. The property to the west of the site is planned for residential use and the property to the east is planned for commercial and residential use within the City of Kerman Sphere of Influence. The property to the north is within the County of Fresno, currently used for agricultural purposes, and has a designation of Urban Reserve in the City’s 2040 General Plan. The property to the south is used for an elementary school. Although the project proposes a General Plan Amendment and Rezone, the proposed land use designations and zone districts would still facilitate the development of residential and commercial uses. Therefore, the project would not introduce new incompatible land uses and environmental hazards into existing residential areas. 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 one (1) point of ingress/egress to West Nielsen Avenue and one (1) point of ingress/egress to the south at the extension of North First Street, which also connects to a roadway that is being built along the southern boundary of the site. This new roadway along the southern boundary will provide access to Madera Avenue. The Project would also provide three (3) stub streets connections to future development of the surrounding area, including two (2) points of ingress/egress to the west (i.e., APNs 020-120-17S and 020-120-28S) and one (1) point of ingress/egress to the north (i.e., APN 020-120-11). Internal circulation within the site would be provided by public streets and pedestrian walkways.

The Project would include right-of-way dedications and off-site improvements along Nielsen Avenue, including, but not limited to, curb and gutter, sidewalks, ADA curb ramps, streetlights, landscaped median islands, irrigation, and permanent paving. Along the development frontage, the Project will dedicate sufficient right-of-way to achieve a half-width of 42 feet south of the center of Nielsen Avenue, in accordance with City Standard P-1. On the north side of Nielsen Avenue, opposite the project frontage, a half-width landscaped median island and a 12-foot westbound travel lane will be constructed. Along the frontage of the Remainer Parcel (TPM 2024-01), the Project will dedicate sufficient right-of-way to achieve a half-width varying between 24 to 30 feet south of centerline. On the north side of Nielsen Avenue, a 12’ travel lane and 4’ paved shoulder will be constructed. The Project will also re-construct Nielsen from the east end of development to State Route 145, to provide a 12’ travel lane and 4’ paved shoulders in each direction.

Street Transitions: Transitional paving will be constructed at the eastern and western ends of the project frontage to tie into existing roadway conditions and ensure smooth, safe travel. Additionally, Nielsen Avenue will be reconstructed from the eastern edge of the subdivision to State Route 145 to provide a consistent section with one 12-foot travel lane and 4-foot paved shoulder in each direction, per City requirements.

A traffic impact study was prepared for the project by JLB Traffic Engineering, Inc., dated May 21, 2025. 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 multi54 Section 6, Item B.
family units are anticipated to generate approximately 1,688 and 1,011 average daily trips, respectively. The general commercial development is anticipated to generate approximately 735 average trips. The project is estimated to generate a total of 3,434 daily trips. The weekday AM peak hour trips generated for the single-family units is estimated to be 125 trips, 60 trips for multi-family units, and 32 trips for general commercial, for a total of 217 AM peak hour trips on a weekday. The weekday PM peak hour trips generated for the single-family units is estimated to be 168 trips, 77 trips for multi-family units, and 89 trips for general commercial, for a total of 334 PM peak hour trips on a weekday.

The analysis contained in the traffic impact study indicates that roadway improvements are necessary to support the implementation of the project as well as to accommodate other traffic increases expected in the study area in 2046 scenarios. Future improvements identified in the study include three (3) intersections: State Route 145/Harvest Elementary Road, Siskiyou Avenue/State Route 180, and Del Norte Avenue/State Route 180. The traffic impact study recommended that the project contribute its equitable fair share, as established in the study, for those future improvements which are not covered by an existing impact fee program or grant funds.

Public Utilities and Service Systems (TSM 2023-03)
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 connection to the existing trunk sewer main in First Street at the east-west street along the southern boundary of the site. Domestic water service would also be provided through a connection point at the same location.

A drainage basin is proposed on-site in Outlot D of the subdivision on a portion of the parcel identified as APN 020-120-03S. The basin was adequately sized to accommodate stormwater runoff from the site. Associated electric, natural gas, telecommunications, and solid waste services are provided by private companies 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
The proposed 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:

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 (ISMND) to evaluate the environmental effects of the project. The key components of the requested actions are as follows.
55 Section 6, Item B.

Initial Study and Mitigated Negative Declaration
An Initial Study (IS) is a preliminary analysis prepared under CEQA to determine whether a project has a significant impact on the environment. If the IS identifies potentially significant impacts but finds that these impacts can be clearly mitigated to a less-than-significant level, a Mitigated Negative Declaration (MND) is prepared. The MND includes the Initial Study, a description of the proposed mitigation measures, and a determination that the project, as revised, will not result in significant environmental effects. The Final IS/MND consists of the Administrative Draft IS/MND plus any public comments received to revise the IS/MND or mitigation measures in response.

Mitigation Monitoring and Reporting Program
The Mitigation Monitoring and Reporting Program (MMRP) is a document that contains a table with the required mitigation measures, the responsible party or parties for implementing the measure, and the timing of implementation. The MMRP is contained in Attachment ‘G’.

IS/MND Process/Public Input and Noticing
The City, as the Lead Agency under CEQA, determined that an IS/MND was required for the proposed project. The firm, Precision Civil Engineering, was contracted by the City to prepare the IS/MND. The ISMND was assigned State Clearinghouse No. 2025060904. The preparation of the IS/MND followed the process prescribed by CEQA as described below.

Notice of Intent
Upon the City’s determination that an IS/MND was required for this project, a Notice of Intent (NOI) was made available to the public and responsible trustee agencies to solicit input on the issues of concern that should be addressed in the IS/MND. The NOI was issued on June 18, 2025, for a 20-day public review period. No comment letters were received.

Draft IS/MND
The Draft IS/MND was circulated for a 20-day review period from June 18, 2025 to July 9, 2025. The Draft IS/MND was circulated through the State Clearinghouse (SCH No. 2025060904), posted on the City’s website, and available at City Hall. As of the date of this staff report, no comments were received.

Final IS/MND
The Final IS/MND consists of the revised Draft IS/MND in which the City addressed all comments and possible propose changes to the Draft IS/MND, if needed.

Notice of Completion
Upon completion of the public review period for the NOI, a Notice of Completion (NOC) was filed with the State Clearinghouse to indicate that the review period for the Draft IS/MND had concluded.

Tribal Consultation
The City of Kerman conducted formal tribal consultation for the proposed Project pursuant to AB 52 and SB 18 on March 8, 2024, utilizing the consultation list of tribes received from the Native American Heritage Commission. The following tribes included the North Fork Rancheria of Mono Indians, Northern Valley Yokut/Ohlone Tribe, Picayune Rancheria of the Chuckchansi Indians, Santa Rosa 56 Section 6, Item B.

Rancheria Tachi Yokut Tribe, Table Mountain Rancheria, Tule River Indian Tribe, and Wukssachi Indian Tribe/Eshom Valley Band. These tribes were included in the formal consultation. Consultation for AB 52 ended on April 19, 2024, and consultation for SB 18 ended on June 6, 2024. Santa Rosa Rancheria Tachi Yokut Tribe and Table Mountain Rancheria responded, declining participation in tribal consultation. The NAHC also conducted a Sacred Lands File (SFL) search which was negative.

PUBLIC HEARING NOTICE:

In accordance with KMC Chapter 17.116, Public Notices and Hearings, public hearing notices were mailed to property owners and residents within 500 feet of the site and published in the Fresno Bee at least 10 days before the hearing.

PLANNING COMMISSION REVIEW:

The Planning Commission held a public hearing to consider the project at a special meeting on September 22, 2025. At the Planning Commission, questions were asked regarding the infrastructure required of the project and there was a discussion of the projects compliance with the Subdivision Map Act. All items were clarified at the hearing. One member of the public spoke, but was not in opposition. He made a request to include his land in the annexation. Given that this project is far along on the process, it would be difficult to include this adjacent property in the current annexation application for the subject project.

On a 5-0 vote, the Planning Commission adopted Resolution No. 2025-05(GPA 2023-02 and SCH No. 2025060904), Resolution No. 2025-06 (REZ 2023-03), Resolution No. 2025-07 (TPM 2024-01), Resolution No. 2025-08 (TSM 2023-03) and Resolution No. 2025-09 (ANX 2023-03), recommending that the City Council approve GPA 2023-02, REZ 2023-03, TPM 2024-01, and TSM 2023-03, initiate ANX 2023-03, and certify the IS/MND. The Planning Commission Resolutions are provided in Attachment ‘F’.

CITY COUNCIL FINDINGS:

General Plan Amendment 2023-02
To approve the proposed General Plan Amendment 2023-02, the City Council must make the following findings pursuant to KMC Chapter 17.112 Amendments and Rezones.

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

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.

Findings regarding each of these items are set forth in the proposed Resolution (Attachment ‘G’).

Rezone 2023-03
To approve the proposed Rezone 2023-03, the City Council must make the following findings pursuant to KMC 17.112. Amendments and Rezones.
57 Section 6, Item B.

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.

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

Findings regarding each of these items are set forth in the proposed Resolution (Attachment ‘H’).

Tentative Parcel Map 2024-01
To approve the proposed Tentative Parcel Map 2024-01, 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.

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

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

4. That the site is physically suitable for the proposed 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.

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

7. The design of the parcels 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.

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.

Findings regarding each of these items are set forth in the proposed Resolution (Attachment ‘I’).

Tentative Subdivision Map 2023-03
58 Section 6, Item B.

To approve the proposed Tentative Subdivision Map 2023-03, 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.

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

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

4. That the site is physically suitable for the proposed 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.

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.

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.

Findings regarding each of these items are set forth in the proposed Resolution (Attachment ‘J’).

Annexation 2023-03
To approve the proposed Annexation 2023-03, 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.

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

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.

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). 59 Section 6, Item B.

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.

Findings regarding each of these items are set forth in the proposed resolution (Attachment ‘K’).

ATTACHMENTS:

A. Attachment ‘A’ – Project Vicinity Map
B. Attachment ‘B’ – Aerial Map of the Project Site
C. Attachment ‘C’ – General Plan Land Use Designation Map (Existing) 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

1. Resolution No. 2025-05 regarding General Plan Amendment 2023-02 and Mitigated Negative Declaration (SCH No. 2025060904)

2. Resolution No. 2025-06 regarding Rezone 2023-03

3. Resolution No. 2025-07 regarding Tentative Parcel Map 2024-01

4. Resolution No. 2025-08 regarding Tentative Subdivision Map 2023-03

5. Resolution No. 2025-09 regarding Annexation 2023-03
G. Attachment ‘G’ – Resolution regarding General Plan Amendment 2023-02 and Mitigated Negative Declaration (SCH No. 2025060904)

1. Exhibit ‘1’ – General Plan Amendment 2023-02

2. Exhibit ‘2’ – Initial Study and Mitigated Negative Declaration

3. Exhibit ‘3’ – Mitigation Monitoring and Reporting Program H. Attachment ‘H’ – Rezone 2023-03

1. Exhibit ‘1’ – Rezone 2023-03
I. Attachment ‘I’ – Resolution regarding Tentative Parcel Map 2024-01

1. Exhibit ‘1’ - Tentative Parcel Map 2024-01

2. Exhibit ‘2’ – Conditions of Approval for Tentative Parcel Map 2024-01 J. Attachment ‘J’ – Resolution regarding Tentative Subdivision Map 2023-03

1. Exhibit ‘1’ – Tentative Subdivision Map 2023-03

2. Exhibit ‘2’ – Conditions of Approval for Tentative Subdivision Map 2023-03 K. Attachment ‘K’ – Resolution regarding Annexation 2023-03

1. Exhibit ‘1’ – Annexation 2023-03
60 Section 6, Item B.

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

ATTACHMENT ‘B’
Aerial Map of the Project Site
62 Section 6, Item B.

ATTACHMENT ‘C’
General Plan Land Use Designation Map (Existing) for Project Site 63 Section 6, Item B.

ATTACHMENT ‘D’
Zoning District Map (Existing) for Project site
64 Section 6, Item B.

ATTACHMENT ‘E’
Other Agency/Department Comments
65 Section 6, Item B.
“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) 981-7284 | FAX (559) 488-4195 | TTY 711
www.dot.ca.gov
March 6, 2024
FRE-180-42.292
Gill Orchard Estates Project
GTS #: https://ld-igr-gts.dot.ca.gov/district/6/report/32046

SENT VIA EMAIL
Mr. Manuel Campos, Assistant Planner
City of Kerman
850 S. Madera Avenue
Kerman, CA 93630
[email protected]
Dear Mr. Campos:

Caltrans has completed the review of the application which proposes Tentative Subdivision Map to construct 179 single-family lots (6.43 dwelling units per acre) on 27.85 acres of the site that range in size from 3,690 square feet (sq. ft.) to 6,729 sq. ft., in addition to four (4) out lots.

The project site is located on the southwest corner section of State Route (SR) 145 (North Madera Avenue) and West Nielsen Avenue, in Kerman, CA 93630.

The mission of Caltrans is to provide a safe and reliable transportation network that serves all people and respects the environment. The Local Development Review (LDR) process 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:

1. Access to the site is proposed via Nielsen Avenue. Driveway access for this development via SR 145 (Madera Avenue) shall not be permitted. It is recommended that a second point of access to the subdivision be taken from Del Norte Avenue.

2. A transportation Impact report (TIS), prepared by a traffic consultant is Attachment 'E'
66 Section 6, Item B.

Mr. Manuel Campos– FRE-180-42.292-Gill Orchard Estates Project March 6, 2024

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“Provide a safe and reliable transportation network that serves all people and respects the environment” recommended and should include a safety analysis as described by the Caltrans Local Development Review (LDR) Safety Review Practitioners Guidance. A VMT analysis should also be included in the TIS per the Vehicle Miles Traveled-Focused, Transportation Impact Study Guide, dated May 20, 2020. The TIS scope should be submitted for review to Caltrans prior to the commencement of the study. If a local agency does not require a TIS, a safety analysis would need to be completed independently, at minimum a trip generation and trip distribution should be provided to identify intersections to be analyzed.

3. Alternative transportation policies should be applied to the development. An assessment of multi-modal facilities should be conducted to develop an integrated multi-modal transportation system to serve and help alleviate traffic congestion caused by the project and related development in this area of the City. The assessment should include the following:
a. Pedestrian walkways should link this Project to transit facilities, bicycle pathways and other walkways in the surrounding area.
b. Coordinating connections to local and regional bicycle pathways should be done to encourage further the use of bicycles for commuter and recreational purposes.
c. Transit service and bus stop accommodations should be extended to within ¼- mile of the Project site.

4. Caltrans recommends that the Project implement “smart growth” principles regarding parking solutions, providing alternative transportation choices to residents. Alternative transportation choices may include but are not limited to parking for carpools/vanpools, car-share and/or ride-share programs.

5. Based on Caltrans Vehicle Miles Traveled (VMT)-Focused Transportation Impact Study Guide, dated May 20, 2020, and effective as of July 1, 2020, Caltrans seeks to reduce single occupancy vehicle trips, provide a safe transportation system, reduce per capita VMT, increase accessibility to destinations via cycling, walking, carpooling, transit and reduce greenhouse gas (GHG) emissions. Caltrans recommends that the project proponent continue to work with the City to implement further improvements to reduce VMT and offer a variety of transportation modes for its employees.

If you have any other questions, please call or email: Keyomi Jones, Transportation Planner at (559) 981-7284 or [email protected].

67 Section 6, Item B.

Mr. Manuel Campos– FRE-180-42.292-Gill Orchard Estates Project March 6, 2024

Page 3 ends

“Provide a safe and reliable transportation network that serves all people and respects the environment” Sincerely,
Mr. Dave Padilla, Branch Chief,
Transportation Planning – North
68 Section 6, Item B.
“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) 981-7284 | FAX (559) 488-4195 | TTY 711
www.dot.ca.gov
March 27, 2025
FRE-180-42.292
Gill Orchard Estates Project
GTS #: https://ld-igr-gts.dot.ca.gov/district/6/report/32046

SENT VIA EMAIL
Mr. Manuel Campos, Assistant Planner
City of Kerman
850 S. Madera Avenue
Kerman, CA 93630
[email protected]
Dear Mr. Campos:

The project site is located on the southwest corner section of State Route (SR) 145 (North Madera Avenue) and West Nielsen Avenue, in Kerman, CA 93630.

Caltrans provides the following comments consistent with the State’s smart mobility goals that support a vibrant economy and sustainable communities:

1. The SR 145 / Harvest Elementary Road, Near Term plus Project intersection improvement to “Restripe the southbound right-turn lane to a southbound throughright lane along the Project’s frontage,” proposed by the TIA, is not recommended. 69 Section 6, Item B.

Mr. Manuel Campos– FRE-180-42.292-Gill Orchard Estates Project March 27, 2025

Page 2 ends

“Provide a safe and reliable transportation network that serves all people and respects the environment” Given the high speeds along SR 145, the future presence of school children and other pedestrians, and the satisfaction of the peak hour signal warrant, improved intersection traffic control is recommended. The Intersection Safety and Operational Assessment Process (ISOAP) is required to evaluate proposed traffic control and design geometrics for intersections and other access improvements proposed on the State Highway System.

ISOAP refers to a data-driven, performance-based framework incorporating the Safe System Approach to screen intersection strategies and identify optimal solutions for new or improved intersections that considers all users.

2. Frontage improvements (lane configuration, shoulder, curb, gutter, sidewalk, roadway lighting, etc.) along this portion of State Route 145 should match the roadway proposed configuration directly to the south, to be completed by Caltrans oversight project 06-1E060 (Contact Caltrans Project Manager, Ilda Thanes, 559.944.7894).

3. The Caltrans Madera Avenue Capital Preventative Maintenance (CAPM) project includes this portion of State Route 145. Coordination with this project may be needed (Contact C0altrans Project Manager, Ronnie Kier 559.341.6971).

If you have any other questions, please call or email: Keyomi Jones, Transportation Planner at (559) 981-7284 or [email protected].

Sincerely,
Mr. Dave Padilla, Branch Chief,
Local Development Review Branch
CC: Matt Arndt, [email protected]
70 Section 6, Item B.
71 Section 6, Item B.
72 Section 6, Item B.
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76 Section 6, Item B.
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80 Section 6, Item B.
1 Manuel Campos
From: Jonathon Kutka <[email protected]> Sent: Monday, April 8, 2024 12:46 PM
To: Jesus Orozco; Manuel Campos
Subject: Del Notre and Gill Orchard estates
Attachments: 403.002 - Fire Department Access.pdf
Good morning Jesus and Manuel,
Here are NCFPD notes from our meeƟng regarding Del Norte and Gill Orchard Estates pertaining too FD requirements.

These requirements apply to both sites.

AƩached are the NCFPD requirements per CFC and NCFPD Policy 403.002.

Buildings not meeƟng the criteria in Item 2 above will have a minimum of two (2) points of vehicle access. The second point of access can be an approved Emergency Vehicle Access as described below. Unusual designs may require addiƟonal access points and must receive prior approval by the Fire Marshal, or designee.

When two (2) points of access are required, they will be placed at a distance apart equal to or not less than one-half the length of the maximum diagonal dimension of the lot or area served, measured in a straight line between access points.

Unusual lot configuraƟons or other site restricƟons may be allowed by the Fire Marshal, or designee, subject to review and analysis of the access.

All types of fire apparatus access will have a minimum clear width of 20 feet and a verƟcal clearance of 13 feet, 6 inches over the enƟre length of the access.

Required fire access roads will be provided with an all-weather surface before delivery of combusƟble material on site, and will be maintained in service during all phases of construcƟon. AlternaƟve or phased fire access requires approval by the Fire Department. Failure to maintain fire access may result in a Stop Work Order unƟl access is restored.

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

Policy 403.002 has several items, since this is just a pre-review, I aƩached our whole policy, but specifically took out certain secƟons from the meeƟng regarding both Del Norte and Gill Orchard estates.

Please let me know if you have any quesƟons.

Sincerely,
Jonathon Kutka
Battalion Chief
North Central Fire Protection District
15850 Kearney Blvd.

Kerman, CA 93630
Cell (559)785-7116
81 Section 6, Item B.

Section 403.002 Fire Department Access Policy

Page 1 of 6 ends

FIRE PREVENTION MANUAL
Fire Department Access
EFFECTIVE DATE:
01/01/2019
APPROVED BY:

Timothy V. Henry
Fire Chief
REVISED DATE:

TBD
NUMBER:
403.002

PURPOSE
This policy has been established to provide direction for the requirements of the North Central Fire Protection District (District) for providing minimum fire department access to properties within the District.

APPLICATION
This policy applies to developers and licensed contractors completing construction projects within the District service areas.

OPERATIONAL POLICY
The purpose of fire department apparatus access is to allow emergency vehicles to approach a building as close as practical in order to deploy fire hose, ladders, and other equipment necessary for rescue and fire suppression.

District emergency vehicles are the longest, widest, tallest, and heaviest vehicles regularly driven on residential streets, private driveways, and alleys. The ability to manipulate and deploy Department apparatus is greatly affected by the dimensions and reliability of the access available.

Access, as defined in this policy, includes private streets and driveways not otherwise defined under City of Kerman or County of Fresno Public Works (PW) Standards for Streets.

A. General Fire Access Requirements:

1. All building openings will be accessible within 200 feet of a public street, private driveway, or other approved access.
82 Section 6, Item B.

Section 403.002 Fire Department Access Policy

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2. Buildings and exterior storage areas sited so that all building openings or exterior storage area perimeters are within 650 feet (450 feet driving distance plus 200 foot hose pull) of the property entrance drive may have a single point of access with approved turnarounds as needed complying with this policy.

3. Buildings not meeting the criteria in Item 2 above will have a minimum of two (2) points of vehicle access. The second point of access can be an approved Emergency Vehicle Access as described below. Unusual designs may require additional access points and must receive prior approval by the Fire Marshal, or designee.

4. When two (2) points of access are required, they will be placed at a distance apart equal to or not less than one-half the length of the maximum diagonal dimension of the lot or area served, measured in a straight line between access points. Unusual lot configurations or other site restrictions may be allowed by the Fire Marshal, or designee, subject to review and analysis of the access.

5. All types of fire apparatus access will have a minimum clear width of 20 feet and a vertical clearance of 13 feet, 6 inches over the entire length of the access.

6. Where gates are installed across fire access drives, the full open width of the drive aisle must be maintained clear of gate hardware. (See: Fire Prevention Manual, Section 403.004, Emergency Services Bypass Locks for Secured Access Developments, for information regarding emergency access bypass lock requirements).

7. Fire access drives separated by a median will have a minimum width of 15 feet on each side of the median.

8. All types of access will not exceed a ten (10) percent grade or contain any irregularity creating an angle of approach or departure in excess of ten (10) percent, except as approved by the Fire Marshal, or designee.

9. Required fire access roads will be provided with an all-weather surface before delivery of combustible material on site, and will be maintained in service during all phases of construction. Alternative or phased fire access requires approval by the Fire Department. Failure to maintain fire access may result in a Stop Work Order until access is restored.

10.Temporary gates installed during construction will be provided with Fire X1 padlocks; a padlock model is available with a red construction core for use by both the contractor and the District. The core will be changed out by the contractor upon completion of the project.

11.Non-traditional pavement systems such as turf pavers, grasscrete, etc., are not allowed for EVA approaches or access drives in the public way as required by the Public Works Department. Such alternate paving material used on private property is subject to approval by the Fire Marshal, or designee. The design of 83 Section 6, Item B.

Section 403.002 Fire Department Access Policy

Page 3 of 6 ends

such system must be prepared by a Civil Engineer and submitted to the District Fire Prevention for plan review and installation permits. The path of such surfaces must be clearly edge delineated by an approved permanent method such as six (6”) inch concrete mow strips.

12.Vertical displacement traffic calming devices or pavements treatment are prohibited on both public and private streets (See: Fire Prevention Manual, Section 403.007, Vertical Displacement Traffic Calming Devices).

13.Regardless of parking configurations, a minimum clear drive aisle width of 20 feet is required. The Fire Marshal, or designee, may require increases in drive aisle width due to specific site issues and for aerial ladder truck access. (See:

Fire Prevention Manual, Section 403.005, Requirements for Marking Fire Lanes on Private Property).

B. Emergency Vehicle Access (EVA):

1. Gates, posts, or other barriers approved by the District will be installed at each entrance to emergency vehicle access points and when required by the Fire Marshal, or designee, where EVA driveways are needed for connection to the interior common access road system.

2. A Fire X-1 padlock will be installed on manually operated gates used solely for emergency vehicle access and may be used in conjunction with owner or utility services padlocks. The Fire Marshal, or designee, is authorized to require electric gate Click-to-Enter radio frequency gate operating hardware where EVA access is needed from freeways or other high speed traffic corridors.

3. Entrances to all emergency vehicle access points will be posted with permanent signs on both sides of the EVA entrance with the following wording: “FIRE LANE” in six-inch letters, “VEHICLES REMOVED AT OWNER’S EXPENSE” in two-inch letters, and display a telephone number the vehicle owner can call to recover their vehicle. (See: Fire Prevention Manual, Section 403.005, Requirements for Marking Fire Lanes on Private Property).

4. Where EVA access drives are not provided with gates or barriers at each entrance, the drive aisle curb or side of road will be marked with “FIRE LANE NO PARKING at 50 foot intervals. (See: Fire Prevention Manual, Section 403.005, Requirements for Marking Fire Lanes on Private Property).

5. Where access to an EVA is from a public or private street that is improved with a curb, a County of Fresno or City of Kerman Public Works Standard P-67 approach is acceptable. Use of a wedged or rolled curb for a driveway approach is not acceptable.

Where access to an EVA gate is from an adjacent parcel(s), a recorded access easement is required between all affected property owners and will be executed 84 Section 6, Item B.

Section 403.002 Fire Department Access Policy

Page 4 of 6 ends

with the Planning entitlement through the Planning Division. (City of Kerman / County of Fresno) [Something missing here]
C. Turnarounds:

1. Buildings and exterior storage areas with a single point of access in excess of 150 feet in length are required to be provided with approved turnarounds.

Turnarounds will be located within 150 feet of the termination of the single entry road. Portions of the road requiring fire apparatus to back up will not include any turns or bends, except for the required turnarounds.

2. Intermediate turnarounds will be required for multiple points of access exceeding 700 feet in length.

3. All turnarounds will have a minimum 34 foot inside turning radius,” a minimum length and width of 90 X 24 and minimum clear approach drive width of 22 feet for a distance of 60 feet.

4. Turnarounds will be kept clear of all obstructions and marked as fire lanes on the perimeter curb or edge of the turnaround.

5. Turnaround areas cannot be incorporated into loading zones.

D. Aerial Fire Apparatus Access:

1. Where building roof eaves are more than 30 feet in height, as measured from the grade of the adjacent fire access road, 26-foot minimum wide driveways will be located directly adjacent to at least one long side of the building. The aerial fire apparatus access will extend at least 45 feet beyond each end of the building. This allows for access to the corners of the building and to accommodate a set up area outside of the potential building collapse zone.

Aerial fire apparatus access will comply with all access and turnaround requirements. For unusually shaped buildings without a rectangular or square building footprint, alternate locations of ladder truck access points may be considered by the Fire Marshal, or designee, and analyzed on case by case bases.

2. Aerial fire apparatus access (near edge) will be located a minimum 15 feet away from the building as measured to the edge of the fire access drive. The starting point maximum distance away from the building is 30 feet; however, a greater distance may be permitted depending on the upon the height to the eave or parapet and will be analyzed on a case by case basis during plan review.

3. Overhead utility and power lines, large trees, and other obstructions will not be located over the aerial fire apparatus access road or between the aerial fire apparatus road and the building.
85 Section 6, Item B.

Section 403.002 Fire Department Access Policy

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4. Buildings designated as high-rise by the California Building Code (CBC) (where the highest occupied floor is located more than 75 feet in height from the grade level of an adjacent fire access road) have no specific aerial ladder truck access requirements.

E. Fire Hose and Equipment Walking Access to Building Openings:

Required walking access will be designed to prevent sharp turns and obstacles which would hinder the carrying of hoses, ground ladders and other hand-held equipment. The walking path requires an unobstructed 36 inch horizontal clearance and continuous seven foot vertical clearance. All gates across fire hose and equipment access points will be a minimum of four (4) feet clear width. Gates across required walking access paths will be provided with Fire X-1 padlock(s).

OPERATIONAL GUIDELINE
This section left intentionally blank.

PROCESS
This section left intentionally blank.

INFORMATION
This section left intentionally blank.

DEFINITIONS

1. Common Vehicle Access--Common vehicle access describes private streets, driveways, and alleys which connect with a public street and are required for emergency access as well as for access by the public.

2. Emergency Vehicle Access--Where adequate common vehicle access to buildings is not provided by public streets or private driveways, emergency access will be provided for the exclusive use of emergency services vehicles.

3. Fire Hose Pull and Equipment Walking Access--Fire hose pull and equipment access is an unobstructed walking path which provides continuous access connecting vehicular access to all building openings and exterior storage areas.

4. Aerial Fire Apparatus Access--Fire apparatus access located directly adjacent to the corners of multi-story buildings, positioned in such a way as to allow fire department aerial ladders to be raised to the lowest point of the roof eave (as defined in California Building Code (CBC), Section 702A Definitions). 86 Section 6, Item B.

Section 403.002 Fire Department Access Policy

Page 6 of 6 ends

5. All Weather Access--Required fire apparatus access lanes will be provided year round and maintained during all phases of construction with an approved, allweather surface, capable of supporting 80,000-pound vehicles. An all-weather surface is composed of minimum four (4”) inch compacted base rock or gravel over compacted or undisturbed native soil or per approved engineering plans with a minimum of 24 feet of clear width or 20 feet minimum clear width if an approved method to prevent shoulder degradation is utilized.

CROSS-REFERENCES
California Building Code
Section 702A, Definitions
California Fire Code, Current edition
Fire Prevention Manual
Section 403.004, Emergency Services Bypass Locks for Secured Access Developments
Section 403.005, Requirements for Marking Fire Lanes on Private Property Section 403.007, Vertical Displacement Traffic Calming Devices 87 Section 6, Item B.

OFFICE MEMO
DATE: 04/04/2024
TO: Manuel Campos
FROM: Fresno County Transportation Planning
SUBJECT: Review of Gill Orchard Estates
PROJECT OVERVIEW:

TSM 2023-03 would facilitate the subdivision of the Project site into 179 single-family lots (6.43 dwelling units per acre) on 27.85 acres of the site that range in size from 3,690 square feet (sq. ft.) to 6,729 sq. ft., in addition to four (4) outlots. Outlot A, 6,862 sq. ft., and Outlot B, 5,040 sq. ft., are proposed along the south of the subdivision for landscaping purposes. Outlot C, 66,926 sq. ft., is proposed in the center of the subdivision as a stormwater basin and open space. Outlot D, 2,194 sq. ft., is proposed as a 25-foot wide trail/open space. The Project also proposes an internal network of local streets and sidewalks with one (1) point of ingress/egress to Nielsen Avenue, one (1) point of ingress/egress to the northern property (APN 020-120-11), two (2) points of ingress/egress to the west, and one (1) point of ingress/egress to the south of the Project site. TPM 2024-01 would split the Project site into two (2) parcels with one (1) remainder parcel, including a 2.39-acre portion on the northwest corner with an existing single-family residence as a remainder parcel, a 27.85-acre parcel of the center portion that would accommodate TSM 2023-03, and an 8.9-acre parcel on the east portion of APN 020-120-06 with no development proposed at this time. Please see Attachments ‘A’ and ‘B’ to view TSM 2023-03 and TPM 2024-01.

Table A: ITE Trip Generation (210 Single Family Attached homes) Land Use/Project Dwelling Units Weekday A.M. Peak Hour P.M. Peak Hour Rate Total Rate Total Rate Total
Gill Orchard Estates 179 9.43 1688 .75 134 .99 177
Total Net New Project
Trips +1688 +134 +177
COMMENTS/ MITIGATION:

This project will 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.

A Vehicle Miles Traveled (VMT) analysis should also be prepared for the proposed development.
88 Section 6, Item B.

If you have any further questions regarding this matter, please contact Brody Hines at [email protected]
Sincerely,
Brody Hines
89 Section 6, Item B.
90 Section 6, Item B.
91 Section 6, Item B.

Fresno Local Agency Formation Commission
LAFCo Office: 1401 Fulton Street, Suite 900, Fresno, CA 93721 Phone (559) 600-0604
April 9, 2024
Manuel Campos
Assistant Planner
City of Kerman
Dear Mr. Manuel Campos:

Subject: Comments Regarding Concurrent Applications: Annexation (ANX 2023-03), Pre-zone (REZ 2023-03), Tentative Subdivision Map (TSM 2023-03) & Tentative Parcel Map (TPM 2024-01), General Plan Amendment (GPA 2023-02), and CEQA (ENV 2023- 04).

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 2023-03) is a request to approve the annexation of approximately 40 acres. This annexation request is consistent with the 2040 General Plan goals and policies (LU-3) and the City/County MOU agreed to and entered into in 2021;  Pre-zone (REZ 2023-03) pertains to the pre-zoning of the proposed project. Currently the project has County zonings of Limited Agricultural (AL-20) and Exclusive Agricultural (AE20). The project will amend the County zoning to the City of Kerman zoning districts of Smart Development Residential (SDR-3.5), Rural Residential (RR), and Mixed Use (MU);  General Plan Amendment (GPA 2023-02) pertains to changing the land use designation for APN: 020-120-06 and APN: 020-120-03S. The General Plan Amendment will be processed concurrently with the Pre-zone and Annexation process;  CEQA (ENV 2023-04) pertains to an initial study and a technical study/analysis being prepared for the project consistent with CEQA guidelines; and  Tentative Subdivision Map (TSM 2023-03) & Tentative Parcel Map (TPM 2024-01) pertains to the subdivision of land and proposed network of local streets and sidewalks exhibited in Attachments A and B. The proposed project will include a tentative subdivision map encompassing 179 single-family residential units and four outlots to 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 92 Section 6, Item B.

Manuel Campos
City of Kerman
ANX 2023-03

Page 2 ends

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 to 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 21-40 acres is $9,600.

The city may send notice 56654(c) to the interested and affected agencies if the annexation is 100 percent uninhabited to reduce the project timeline.

If the proposal results in the annexation 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.

LAFCo is available to attend any community outreach meetings should the need arise.

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

Sincerely,
Jessica Gibson
LAFCo Analyst II
93 Section 6, Item B.
1 Jerry Jones
From: Jay Fowler <[email protected]>
Sent: Saturday, February 24, 2024 10:36 AM
To: Manuel Campos; [email protected]; Theresa Johnson; Michael Barajas; [email protected]; [email protected]; Spaunhurst, Brian; Lara, Juan; Jenna Chilingerian; Jonathon Kutka; Padilla, Dave@DOT Subject: RE: City of Kerman Project Distribution - Gill Orchard Estates Hello
For solid waste services, each SF unit will require 3 carts. Presume these would be in the garage or elsewhere on the property until service day.

Regarding the width of the street. Its adequate for our trucks to operate. One concern is street parking, these high density homes make navigating the collections difficult and risky. Any chance of street parking restrictions on the day of service?
Thank you,
Jay
“Service, Education,
Involvement, Integrity”
Jay Fowler| District Manager
15300 W Jensen Ave, Kerman, CA 93630
Email: [email protected]
Office: (559) 567-0615

From: Manuel Campos <[email protected]>
Sent: Friday, February 23, 2024 4:03 PM
To: [email protected]; Theresa Johnson <[email protected]>; Jesus Gonzalez <[email protected]>; Michael Barajas <[email protected]>; [email protected]; engr[email protected]; Jodi Ward <[email protected]>; Rhonda Armstrong- Sebastian <[email protected]>; [email protected]; Jennifer Sagariballa <[email protected]>; Jay Fowler <[email protected]>; [email protected]; CEQA - SJVAPCB-valley air-CEQA permitreview <[email protected]>; Cecilia Belmontes <[email protected]>; Wil Barcoma (FCLE) <[email protected]>; [email protected]; [email protected]; Spaunhurst, Brian <[email protected]>; Lara, Juan <[email protected]>; Bonique Emerson <[email protected]>; Jenna Chilingerian <[email protected]>; Jonathon Kutka <[email protected]>; Steve Wilkins (FCLE) <[email protected]>; Isla, Nicholas@DOT <[email protected]>; Padilla, Dave@DOT <[email protected]>; Munique Cubillos (FCLE) <[email protected]> Subject: City of Kerman Project Distribution - Gill Orchard Estates 94 Section 6, Item B.
2 Dear Stakeholder,
Please find attached a summary of a Development Application for a project referred to as Gill Orchard Estates located approximately 2,000’ from the northwest corner of W. Whitesbridge Rd. and Madera Ave. in Kerman, CA 93630.

Please provide comments or questions on or before March 22, 2024.

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
• Fresno County Public Works/Planning
• Fresno LAFCo
• Sebastian Corp
• Caltrans District 6
• SJVAPCD
• PG&E
Respectfully,
Manuel Campos | Assistant Planner
City of Kerman | Community Development Department
p. (559) 846.9384 ext. 316 | f. (559) 846.6199
850 S. Madera Ave. Kerman, CA 93630
[email protected]
https://link.edgepilot.com/s/72fa3cde/kq8qUgFaC0yMNqsF7QMHAw?u=http://www.cityofkerman.net/ Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning.

This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spam.
95 Section 6, Item B.

Plan Review Team
Land Management
[email protected]
PG&E Gas and Electric Facilities Page 1
Public
March 19, 2024
Manuel Campos
City of Kerman
850 S Madera Avenue
Kerman, CA 93630
Re: Gill Orchard Estates Tentative Tract Map No. 6465
Dear Manuel:

Thank you for giving us the opportunity to review the proposed Gill Orchard Estates Tentative Tract Map No. 6465. The installation of new gas and electric facilities and/or relocation of existing PG&E facilities will be performed in accordance with common law or Rules and Tariffs as authorized by the California Public Utilities Commission.

Following our review, PG&E recommends the following language be expressly stated for the offer to dedicate Public Utility Easements (PUE):

I/We the undersigned, as Owner(s) of the land shown hereon, do hereby state that I/we am/are the only person(s) whose consent is necessary to pass clear title to said land and do hereby consent to the preparation and recordation of this map and offer for dedication and do hereby dedicate for public uses the Public Utility Easements (PUEs) shown on this map for public utility purposes including electric, gas, communication facilities and all other public utility purposes; together with any and all appurtenances thereto, including the right from time to time to trim and to cut down and clear away or otherwise control any trees or brush. The PUEs hereby offered for dedication are to be kept open and free of buildings, structures and wells of any kind.

The final map must contain a statement setting forth dedications and offers to dedicate interests in real property for public utility purposes. If the offer of dedication has terminated, or the local agency declines to accept it, the applicant maybe required to provide an easement in gross satisfactory to PG&E. Please note that this is our preliminary review and PG&E reserves the right for future review as needed.

Please work with PG&E’s Service Planning department at www.pge.com/cco for additional services you may require, or for any modification and/or relocation requests.

Sincerely,
96 Section 6, Item B.

PG&E Gas and Electric Facilities Page 2
Public
Justin Newell
Land Management
916-594-4068
97 Section 6, Item B.

March 26, 2024
Manuel Campos
City of Kerman
Community Development Department
850 S. Madera Avenue
Kerman, CA 93630
Project: Development Application for Gill Orchard Estates District CEQA Reference No: 20240236
Dear Mr. Campos:

The San Joaquin Valley Air Pollution Control District (District) has reviewed the project documentation from the City of Kerman (City) for the Gill Orchard Estates project. Per the project documentation, the project consists of the annexation of 40 acres of land, general plan amendments and pre-zoning of several parcels to facilitate the development of approximately 179 single family residential lots and potential future commercial development on 27.85 acres (Project). The Project is located 15319 W.

Nielsen Avenue in Kerman, CA.

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

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

The District’s initial review of the Project concludes that emissions resulting from construction and/or operation of the Project may exceed any of the following significance thresholds as identified in the District’s Guidance for Assessing and Mitigating Air Quality Impacts: https://ww2.valleyair.org/media/g4nl3p0g/gamaqi.pdf.

The District recommends that a more detailed preliminary review of the Project be conducted for the Project’s construction and operational emissions. 98 Section 6, Item B.

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Construction Emissions
The District recommends, to reduce impacts from construction-related diesel exhaust emissions, the Project should utilize the cleanest available off-road construction equipment.

Operational Emissions
Operational (ongoing) air emissions from mobile sources and stationary sources should be analyzed separately. For reference, the District’s significance thresholds are identified in the District’s Guidance for Assessing and Mitigating Air Quality Impacts:
https://ww2.valleyair.org/media/g4nl3p0g/gamaqi.pdf.

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

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

To determine potential health impacts on surrounding receptors (residences, businesses, hospitals, day-care facilities, health care facilities, etc.) a Prioritization and/or a Health Risk Assessment (HRA) should be performed for the Project. These health risk determinations should quantify and characterize potential Toxic Air Contaminants (TACs) identified by the Office of Environmental Health Hazard Assessment/California Air Resources Board (OEHHA/CARB) that pose a present or 99 Section 6, Item B.

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potential hazard to human health.

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

Prioritization (Screening Health Risk Assessment):

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

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

Health Risk Assessment:

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

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

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

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

The District is available to review HRA protocols and analyses. For HRA submittals please provide the following information electronically to the District for review:
 HRA (AERMOD) modeling files
 HARP2 files
 Summary of emissions source locations, emissions rates, and emission factor calculations and methodologies.
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For assistance, please contact the District’s Technical Services Department by:
 E-Mailing inquiries to: [email protected]
 Calling (559) 230-5900
Recommended Measure: Development projects resulting in TAC emissions should be located an adequate distance from residential areas and other sensitive receptors to prevent the creation of a significant health risk in accordance to CARB's Air Quality and Land Use Handbook: A Community Health Perspective located at https://ww2.arb.ca.gov/our-work/programs/resource-center/strategydevelopment/land-use-resources.

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

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

Specific information for assessing significance, including screening tools and modeling guidance, is available online at the District’s website:
https://ww2.valleyair.org/permitting/ceqa/.

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

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

A VERA is a mitigation measure by which the project proponent provides pound-forpound mitigation of emissions increases through a process that develops, funds, and implements emission reduction projects, with the District serving a role of administrator of the emissions reduction projects and verifier of the successful mitigation effort. To implement a VERA, the project proponent and the District enter into a contractual agreement in which the project proponent agrees to mitigate project specific emissions by providing funds for the District’s incentives programs. 101
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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 agricultural equipment with the latest generation technologies.

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

Under-fired Charbroilers
The future commercial development projects have the potential to occupy restaurants with under-fired charbroilers. Such charbroilers may pose the potential for immediate health risk, particularly when located in densely populated areas or near sensitive receptors.

Since the cooking of meat can release carcinogenic PM2.5 species, such as polycyclic aromatic hydrocarbons, controlling emissions from new under-fired charbroilers will have a substantial positive impact on public health. The air quality impacts on neighborhoods near restaurants with under-fired charbroilers can be significant on days when meteorological conditions are stable, when dispersion is limited and emissions are trapped near the surface within the surrounding neighborhoods. This potential for neighborhood-level concentration of emissions during evening or multi-day stagnation events raises air quality concerns.

Furthermore, reducing commercial charbroiling emissions is essential to achieving attainment of multiple federal PM2.5 standards. Therefore, the District recommends that the environmental review include a measure requiring the assessment and potential installation, as technologically feasible, of particulate matter emission control systems for new large restaurants operating under-fired charbroilers.

The District is available to assist the City and project proponents with this assessment. Additionally, the District is currently offering substantial incentive funding that covers the full cost of purchasing, installing, and maintaining the system during a demonstration period covering two years of operation. 102
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Please contact the District at (559) 230-5800 or [email protected] for more information, or visit: https://ww2.valleyair.org/grants/restaurant-charbroilertechnology-partnership/ Vegetative Barriers and Urban Greening
There are residential units and Kerman High School located south 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 commercial and residential development, gas-powered commercial and residential lawn and garden equipment have the potential to result in an increase of NOx and PM2.5 emissions. Utilizing electric lawn care equipment can provide residents with immediate economic, environmental, and health benefits.

The District recommends the Project proponent consider the District’s Clean Green Yard Machines (CGYM) program which provides incentive funding for replacement of existing gas powered lawn and garden equipment. More information on the District CGYM program and funding can be found at:
https://ww2.valleyair.org/grants/clean-green-yard-machines-residential/ and https://ww2.valleyair.org/grants/zero-emission-landscaping-equipment-voucherprogram/.

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 103
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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: https://ww2.valleyair.org/rules-and-planning/current-district-rulesand-regulations. 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.

District Rule 9510 - Indirect Source Review (ISR)
The Project is subject to District Rule 9510 because it will receive a projectlevel discretionary approval from a public agency and will equal or exceed 9,000 square feet of space.

The purpose of District Rule 9510 is to reduce the growth in both NOx and PM emissions associated with development and transportation projects from mobile and area sources; specifically, the emissions associated with the construction and subsequent operation of development projects. The ISR Rule requires developers to mitigate their NOx and PM emissions by incorporating clean air design elements into their projects. Should the proposed development project clean air design elements be insufficient to meet the required emission reductions, developers must pay a fee that ultimately funds incentive projects to achieve off-site emissions reductions.
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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:
https://ww2.valleyair.org/permitting/indirect-source-review-rule-overview The AIA application form can be found online at:
https://ww2.valleyair.org/permitting/indirect-source-review-rule-overview/formsand-applications/ District staff is available to provide assistance and can be reached by phone at (559) 230-5900 or by email at [email protected].

District Rule 4002 (National Emissions Standards for Hazardous Air Pollutants)
In the event an existing building will be renovated, partially demolished or removed, the Project may be subject to District Rule 4002. This rule requires a thorough inspection for asbestos to be conducted before any regulated facility is demolished or renovated. Information on how to comply with District Rule 4002 can be found online at: https://ww2.valleyair.org/compliance/demolitionrenovation/ 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:
https://ww2.valleyair.org/media/tkgjeusd/rule-4601.pdf
District Regulation VIII (Fugitive PM10 Prohibitions)
The project proponent may be required to submit a Construction Notification Form or submit and receive approval of a Dust Control Plan prior to commencing any earthmoving activities as described in Regulation VIII, 105
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specifically Rule 8021 – Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities.

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

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

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

Sincerely,
Tom Jordan
Director of Policy and Government Affairs
For: Mark Montelongo
Program Manager
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ATTACHMENT ‘F’
Planning Commission Resolutions
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Attachment ‘G’
RESOLUTION NO. 25-___
A RESOLUTION OF THE CITY COUNCIL (1) ADOPTING THE FINDINGS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTION 15091; (2) CERTIFYING THE MITIGATED NEGATIVE DECLARATION (SCH NO. 2025060904); (3) ADOPTING THE PROPOSED MITIGATION MONITORING AND REPORTING PROGRAM; AND (4) APPROVING GENERAL PLAN AMENDMENT 2023- 02 TO AMEND THE 2040 KERMAN GENERAL PLAN PLANNED LAND USE DESIGNATIONS FOR ASSESSOR’S PARCEL NUMBER (APN) 020-120-06 TO MU – MIXED USE AND MDR – MEDIUM DENSITY

RESIDENTIAL (SOUTHWEST CORNER OF WEST NIELSEN AVENUE AND NORTH MADERA AVENUE) 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 Lifetime Communities, pertaining to two (2) parcels (APNs 020-120-06 and 020-120-03S) consisting of approximately 40 acres located on the south side of West Nielsen Avenue between North Madera Avenue (State Route 145) and North Del Norte Avenue (“project site”), requesting to amend the 2040 Kerman General Plan through General Plan Amendment 2023-02; and
WHEREAS, the project site has a City of Kerman 2040 General Plan land use designation of MDR – Medium Density Residential (± 30.19 acres) and GC – General Commercial (± 9.64 acres); and WHEREAS, General Plan Amendment 2023-02 requests to increase land designated MDR – Medium Density Residential from 30.19 acres to 30.39 acres, remove GC – General Commercial, and increase MU – Mixed Use from zero acres to 8.74 acres, representing an increase in acreages of MDR and MU land use designations and decrease in acreage of the GC land use designation as shown in Exhibit ‘1’; and
WHEREAS, approval of the project would also require approval of General Plan Amendment 2023-02, Rezone 2023-03, Tentative Parcel Map 2024-01, Tentative Subdivision Map 2023-03, and Annexation 2023-03; and
WHEREAS, the proposed General Plan Amendment will be consistent with the General Plan and the underlying zoning district, as proposed by Rezone 2023-03; and WHEREAS, the General Plan Amendment is not expected to be detrimental to the health, safety and welfare of the city; and
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WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City of Kerman (“City”) as the Lead Agency, has analyzed the proposed Project (inclusive of the two parcels to be annexed), including the General Plan Amendment, Rezone, Annexation, Tentative Parcel Map, and Tentative Subdivision Map, and has prepared an Initial Study and Mitigated Negative Declaration (SCH No. 2024060904) (“IS/MND”) to evaluate the project; and WHEREAS, in compliance with CEQA Section 21080.4, a Notice of Intent (“NOI”) was prepared by the City and distributed for public comment to the State Clearinghouse, responsible agencies, and other interested parties for a 20-day public review and comment period commencing on June 18, 2025 and ending on July 9, 2025; and,
WHEREAS, the Draft IS/MND was circulated for a 20-day public review and comment period commencing on June 18, 2025 to July 9, 2025, and a copy of the Draft IS/MND was circulated through the State Clearinghouse, posted on the City’s website, and was available at City Hall; and WHEREAS, the public review period for the Draft IS/MND ended on July 9, 2025; and WHEREAS, a Final IS/MND was prepared for the proposed Project consistent with CEQA Guidelines Section 15070(b) which addressed comments received on the Draft, as well as any appropriate revisions and clarifications to the Draft IS/MND; and WHEREAS, 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 September 22, 2025, and adopted a resolution with a recommendation to the City Council to approve General Plan Amendment 2023-02 and certify the IS/MND; and
WHEREAS, with all requirements having been met, the City Council now desires to approve General Plan Amendment 2023-02 and certify the IS/MND.

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. IS/MND Contents. The IS/MND consists of the following, hereafter collectively referred to as the “IS/MND”.
a. The IS/MND including any attached appendices.
b. The Notice of Intent and comments received in response to the notice. c. The Mitigation Monitoring and Reporting Program.
d. The Notice of Completion of the IS/MND for public review. e. Any other information added by the Lead Agency.
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3. Certification of Compliance with CEQA. The City Council does hereby find that the IS/MND, including the Mitigation Monitoring and Reporting Program, has been prepared in accordance with the requirements of CEQA and the CEQA Guidelines.

4. IS/MND Certification. The City Council does hereby approve, certify, and adopt the following. a. Certify the Initial Study and Mitigated Negative Declaration. The City Council hereby certifies that 1) the IS/MND has been completed in compliance with CEQA, 2) that it has reviewed and considered the information contained in the IS/MND prior to approving the project, and 3) that the IS/MND reflects the City Council’s independent judgment and analysis. b. Find Feasible and Binding Effect of Mitigation Monitoring and Reporting Program. The City Council hereby finds that the mitigation measures described and specifically identified in the above referenced documents are feasible and shall become binding upon the entity (such as the project proponent or the City) assigned thereby to implement the particular mitigation measures as identified in the Mitigation Monitoring and Reporting Program. c. Adopt Mitigation Monitoring and Reporting Program. As required by applicable State law, the City Council hereby adopts the Mitigation Monitoring and Reporting Program set forth in Exhibit ‘3’ of this Resolution. The City Council finds that the Mitigation Monitoring and Reporting Program is designed to ensure that, during project implementation, the City and any other responsible parties implement the project components and comply with the mitigation measures identified in the Mitigation Monitoring and Reporting Program.

5. Custodian of Records. The City Clerk is recommended as the designated custodian of records for documents comprising the record of the proceedings upon which its decision is based. These documents are maintained at City Hall, located at 850 S. Madera Ave. Kerman, CA, 93630.

6. 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 2023-02, including the following:
a. The change is consistent with the General Plan goals and policies. The project site is currently planned for residential and commercial uses. The project requests an amendment to the General Plan and Zoning Map to increase the acreage of land designated for medium density residential use, remove the acreage of land designated for commercial, and increase the acreage of land designated for mixed use. The project would facilitate future residential and commercial development within an area with existing and planned residential, commercial, recreational, and public institutional uses. Through compliance with applicable development standards, environmental mitigation measures, and conditions of approval, the project as proposed is consistent with General Plan Policies LU-1.4 (Limit Residential Development Along Highways), LU-1.6 (Agricultural Buffers), LU-3.2 (Urban Form), LU-3.3 (Prevent Sprawl Development), LU-3.4 (Leapfrog Development) LU-4.5 (Right-to-Farm Disclosure), and LU-5.4 136
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(New Incompatible Land Uses). Therefore, the change is consistent with the General Plan goals and policies.
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 is currently planned for residential and commercial uses. The project requests an amendment to the General Plan to increase the acreage of land designated for medium density and mixed-use uses, which requires removal of the acreage of land designated for commercial uses. A rezone is also proposed to pre-zone the parcels to be annexed and rezone them to zoning districts consistent with the proposed land use designations. The proposed zoning districts are identified as compatible zoning districts for the proposed land use designations as shown in the General Plan. Future development proposed on the project site would be subject to compliance with the applicable standards and requirements of the Zoning Ordinance, standards which were adopted by the City to ensure preservation and promotion of public health, safety and welfare of the city and to facilitate growth and expansion of the city in a precise and orderly manner. Further, the project has been reviewed by the various City departments and evaluated for conformity with the requirements of the Zoning Ordinance. Through compliance with applicable development standards, environmental mitigation measures, and conditions of approval, the project as proposed is consistent with the purpose of the Zoning Ordinance.
c. There will not be significant effects upon the quality of the environment and natural resources. Pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City, as the Lead Agency, has analyzed the proposed project, including the Rezone, General Plan Amendment, and Annexation, Tentative Parcel Map, and Tentative Subdivision Map, and has prepared an Initial Study and Mitigated Negative Declaration (SCH No. 2024031008) to evaluate the proposed Project. It was determined that all impacts were either less than significant or could be mitigated to a less than significant level.

7. Approval of General Plan Amendment 2023-02. Given that all the findings can be made, the City Council adopts a resolution to amend the Kerman General Plan land use designations for the parcel identified as Assessor’s Parcel Number (APN) 020-120-06, resulting in an increase in land designed MDR – Medium density Residential from 30.19 acres to 30.39 acres, remove GC – General Commercial, and increase MU – Mixed Use from zero acres to 8.74 acres, representing an increase in acreages of MDR and MU land use designations and decrease in acreage of the GC land use designation located on the south side of West Nielsen Avenue between North Madera Avenue (State Route 145) and North Del Norte Avenue (General Plan Amendment 2023-02) as set forth in Exhibit ‘1’.
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8. 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 approved by the City Council of the City of Kerman at a regular meeting on the 22nd day of October 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing resolution is hereby approved.

Maria Pacheco
Mayor
ATTEST:

Josie Camacho
City Clerk
Exhibit ‘1’: General Plan Amendment 2023-02
Exhibit ‘2’: Initial Study and Mitigated Negative Declaration Exhibit ‘3’: Mitigation Monitoring and Reporting Program 138
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Exhibit ‘1’
General Plan Amendment 2023-02
Prior General Plan Land Use Designation New General Plan Land Use Designation

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Exhibit ‘2’
Initial Study and Mitigated Negative Declaration
The Initial Study and Mitigated Negative Declaration (SCH No. 2025060904) 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, and is available at the City Clerk’s office at 850 S. Madera Avenue, Kerman, CA 93630. 140
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Exhibit ‘3’
Mitigation Monitoring and Reporting Program
State law requires that the City of Kerman (Lead Agency) adopt a monitoring program for mitigation measures that have been incorporated into the approved project to reduce or avoid significant effects on the environment. The purpose of the monitoring program is to ensure compliance with environmental mitigation during project implementation and operation. Since there are potentially significant impacts requiring mitigation associated with The Orchards at Gill Estates Project, a Mitigation Monitoring Program is included herein on the following pages. 141
Section 6, Item B.

Mitigation Measure
Party
responsible
for
Implementing
Mitigation
Timing
Party
responsible
for
Monitoring
Verifica
tion
(name/
date)
Agricultural and Forestry Resources
AG-1: Reduce Conflicts Between Urban and Agricultural Uses. In order to reduce potential conflicts between urban and agricultural uses, the following measures shall be implemented:

1. Potential residents shall be notified about possible exposure to agricultural chemicals at the time of purchase / lease of property within the development. Notification shall be provided by the project proponent to the potential resident. Notification shall occur at the time of each property sale or lease agreement, as demonstrated through disclosure statements included in the purchase agreements or lease documents, with a signed
acknowledgement by the buyer/lessee. Verification that this notification process has been consistently implemented shall be provided by the project proponent to the City of Kerman Community Development Department prior to the approval of occupancy for each property.

2. A Right-to-Farm Covenant shall be recorded on each parcel map and residential tract map or be made a condition of each tract map or parcel map to protect continued agricultural practices in the area. The City of Kerman Community Development Department shall be responsible for requiring the condition as part of the tentative map approval. The project proponent shall be
responsible for ensuring the covenant is recorded. Verification of recording shall occur by the City of Kerman Community
Development Department prior to the final map approval.

3. Potential residents and commercial tenants shall be informed of the Right-to-Farm Covenant at the time of purchase / lease of

1. Project
Proponent

2. City of
Kerman
Community
Development
Department
(Conditions of
approval) and
Project
Proponent
(Recordation)

3. Project
Proponent

1. Prior to
occupancy
approval for
each unit

2. Prior to
final map
approval

3. Prior to
occupancy
approval for
each unit
City of
Kerman
Community
Development
Department
142
Section 6, Item B.

Mitigation Measure
Party
responsible
for
Implementing
Mitigation
Timing
Party
responsible
for
Monitoring
Verifica
tion
(name/
date)
property within the development. Notification shall be provided by the project proponent to the potential resident. Verification shall occur at the time of each property sale or lease agreement, as demonstrated through disclosure statements included in the purchase agreements or lease documents, with a signed
acknowledgement by the buyer/lessee. Verification that this notification process has been consistently implemented shall be provided by the project proponent to the City of Kerman Community Development Department prior to the approval of occupancy.

Biological Resources
BIO-1: San Joaquin kit fox Avoidance. The following measures shall be implemented 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. A description of the measures shall be included in the construction plans submitted to the City of Kerman Community Development Department by the project proponent during the building permit process for each phase of construction. Incorporation of measures shall be verified by the City of Kerman Community Development Department prior to issuance of building permits for each phase.

1. Prior to Construction: Prepare and conduct an employee education program prior to the start of construction. The program shall consist of a brief presentation by persons knowledgeable in kit fox biology and legislative protection to explain endangered Project
Proponent
Prior to
issuance of
grading or
building
permits
City of
Kerman
Community
Development
Department
143
Section 6, Item B.

Mitigation Measure
Party
responsible
for
Implementing
Mitigation
Timing
Party
responsible
for
Monitoring
Verifica
tion
(name/
date)
species concerns to contractors, their employees, and military and/or agency personnel involved in the Project. The program shall 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 shall be prepared for distribution to the previously referenced people and anyone else who may enter the Project site.

2. Avoidance and Minimization Measures During Construction: The following measures shall be included within the worker education program and in any Project specification and contract.
a. Project-related vehicles shall 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 shall occur, given the species is primarily nocturnal. b. To prevent inadvertent entrapment of kit foxes or other animals during the construction phase of a Project, all excavated, steepwalled holes or trenches more than 2 feet deep shall 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 fill or wooden planks shall be installed.

Before such holes or trenches are filled, they shall 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 144
Section 6, Item B.

Mitigation Measure
Party
responsible
for
Implementing
Mitigation
Timing
Party
responsible
for
Monitoring
Verifica
tion
(name/
date)
Fish and Game (CDFG) shall be contacted as noted under measure 13 referenced below.
c. 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 shall 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 shall 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. d. All food-related trash items such as wrappers, cans, bottles, and food scraps shall be disposed of in securely closed containers and removed at least once a week from a construction or Project site. e. No firearms shall be allowed on the Project site.
f. No pets, such as dogs or cats, shall be permitted on the Project site to prevent harassment, mortality of kit foxes, or destruction of dens.
g. The use of rodenticides and herbicides in Project areas shall be restricted. This is necessary to prevent primary or secondary poisoning of kit foxes and the depletion of prey populations on which they depend. All uses of such compounds shall 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 145
Section 6, Item B.

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Party
responsible
for
Implementing
Mitigation
Timing
Party
responsible
for
Monitoring
Verifica
tion
(name/
date)
rodent control must be conducted, zinc phosphide shall be used because of a proven lower risk to kit fox.
h. 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.
i. Upon completion of the Project, all areas subject to temporary ground disturbances, including storage and staging areas, temporary roads, etc., shall be re-contoured if necessary and revegetated, if possible, to promote restoration of the area to preProject conditions. j. 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. k. 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 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.
l. 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 shall also be provided to the U.S. Fish and Wildlife Service.
146
Section 6, Item B.

Mitigation Measure
Party
responsible
for
Implementing
Mitigation
Timing
Party
responsible
for
Monitoring
Verifica
tion
(name/
date)
Cultural Resources
CUL-1: In order to avoid the potential for impacts to historic and prehistoric archaeological resources, the following measures shall be implemented in conjunction with the construction of each phase of the Project:

If previously unknown historical, archeological, cultural, or paleontological resources are encountered before or during grading activities, construction shall stop in the immediate vicinity of the find and a qualified archeologist, historical resources specialist, or paleontologist, shall be consulted to determine whether the resource requires further study.

Notification of discovery shall be provided to the City of Kerman Community Development Department.

The qualified archeologist, historical resources specialist, or paleontologist shall make recommendations to the project proponent on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines and City’s policies and procedures related to historical, cultural, and paleontological resources. Notification of the measures shall be provided to the City of Kerman Community Development Department.

If the resources are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the monitor and recommended to the project proponent, who shall notify the City of Kerman Community Development Project
Proponent
During
construction
activities for
all phases
City of
Kerman
Community
Development
Department
147
Section 6, Item B.

Mitigation Measure
Party
responsible
for
Implementing
Mitigation
Timing
Party
responsible
for
Monitoring
Verifica
tion
(name/
date)
Department. Appropriate measures for significant resources could include avoidance or capping, preservation in-place, recordation, additional archeological resting, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds.

No further grading shall occur in the area of the discovery until the City of Kerman Community Development Department approves the measures to protect these resources. Any historical, archeological, cultural, or paleontological artifacts recovered as a result of mitigation shall be provided to a City‐approved institution or person who is capable of providing long‐term preservation to allow future scientific study.

Geology and Soils
See Mitigation Measure CUL-1. Project
Proponent
During
construction
activities for
all phases
City of
Kerman
Community
Development
Department
Greenhouse Gas Emissions
GHG-1 Prior to the approval of building permits, in order to meet with all project attributes in the 2022 Scoping Plan greenhouse gas emission thresholds, the project proponent shall present documentation to the satisfaction of the City of Kerman Community Development Department that each residential unit shall provide electric vehicle charging capabilities that meet the requirements of the latest version of the California Green Building Standards Code (CALGreen) Tier 2 Voluntary Standards as part of the final project designs.

Project
Proponent
Prior to
issuance of
building
permits for
all phases
City of
Kerman
Community
Development
Department
148
Section 6, Item B.

Mitigation Measure
Party
responsible
for
Implementing
Mitigation
Timing
Party
responsible
for
Monitoring
Verifica
tion
(name/
date)
Hazards and Hazardous Materials
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 asbestos-containing 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 asbestoscontaining materials shall be conducted in accordance with the applicable regulations, including, but not limited to:
• San Joaquin Valley Air Pollution Control District
• California Health and Safety Code (Section 39650 et seq.) • California Code of Regulations (Title 8, Section 1529) Project
Proponent
Prior to
issuance of
demolition
permits
City of
Kerman
Community
Development
Department
149
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Mitigation Measure
Party
responsible
for
Implementing
Mitigation
Timing
Party
responsible
for
Monitoring
Verifica
tion
(name/
date)
• 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]) HAZ-2 Lead-Based Paint Inspection. Prior to the demolition of any existing structure on site, a lead-based 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 prior to issuance of a demolition permit.

If it is determined that lead-based paint exists on site, the project proponent 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
Proponent
Prior to
approval of
demolition
permits
City of
Kerman
Community
Development
Department
HAZ-3 Test for Agricultural Pesticides. Prior to building permit approval for the first construction phase, a limited Phase II investigation shall be conducted to assess the surface soil of 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 Project
Proponent
Prior to
building
permit
approval for
the first
construction
phase
City of
Kerman
Community
Development
Department
150
Section 6, Item B.

Mitigation Measure
Party
responsible
for
Implementing
Mitigation
Timing
Party
responsible
for
Monitoring
Verifica
tion
(name/
date)
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. 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.

Noise
NOI-1: To ensure that exterior noise levels at future residential and other noise-sensitive land uses within the project site do not exceed an Ldn of 60 dB due to transportation noise from adjacent roadways (N. Madera Avenue, W. Nielsen Avenue, and Harvest Elementary Road), the following noise attenuation measures shall be incorporated into the project design and implemented during construction. These measures shall be clearly depicted on the project's site, grading, landscape, building, and other required plans and are subject to review and approval by the City of Kerman Community Development Department prior to issuance of building permits.

Project
Proponent
Prior to
issuance of
building
permits
City of
Kerman
Community
Development
Department
151
Section 6, Item B.

Mitigation Measure
Party
responsible
for
Implementing
Mitigation
Timing
Party
responsible
for
Monitoring
Verifica
tion
(name/
date)
The project shall implement one or a combination of the following noise mitigation strategies to achieve the 60 dB Ldn noise contour within the project boundaries, consistent with the following existing noise contours:
• N. Madera Avenue: The 60 dB Ldn contour extends approximately 121 feet from the roadway centerline.
• W. Nielsen Avenue: The 60 dB Ldn contour extends approximately 5 feet from the roadway centerline.
• Harvest Elementary Road: The 60 dB Ldn contour extends approximately 42 feet from the roadway centerline.

1. Building Setbacks: All proposed residential structures and other noisesensitive uses shall be setback from the centerlines of the adjacent roadways by a distance sufficient to ensure that exterior noise levels do not exceed 60 dB Ldn. This shall be demonstrated through the project's site, grading, landscape, building, and other required plans and are subject to review and approval by the City of Kerman Community Development Department prior to issuance of building permits. The minimum setbacks shall be no less than:
• N. Madera Avenue: 121 feet from the roadway centerline, unless an alternative noise mitigation measure (Sound Wall) is implemented to achieve the 60 dB Ldn at a lesser setback. • W. Nielsen Avenue: 5 feet from the roadway centerline, unless an alternative noise mitigation measure (Sound Wall) is implemented to achieve the 60 dB Ldn at a lesser setback.
• Harvest Elementary Road: 42 feet from the roadway centerline, unless an alternative noise mitigation measure (Sound Wall) is implemented to achieve the 60 dB Ldn at a lesser setback. 152
Section 6, Item B.

Mitigation Measure
Party
responsible
for
Implementing
Mitigation
Timing
Party
responsible
for
Monitoring
Verifica
tion
(name/
date)
Sound Walls: Where sufficient building setbacks alone are not feasible to achieve the 60 dB Ldn at outdoor activity areas or building facades of noise-sensitive uses, a continuous, solid sound wall with a minimum height of six (6) feet above the finished project site grade shall be constructed along the project boundary adjacent to the applicable roadway(s). This shall be demonstrated through the project's site, grading, landscape, building, and other required plans and are subject to review and approval by the City of Kerman Community Development Department prior to issuance of building permits.

Mitigation Measure NOI-2: To mitigate potential noise impacts from future stationary noise sources on existing or proposed noise-sensitive receptors within or adjacent to the Project site, the following measures shall be implemented:

1. Trigger for Acoustical Analysis: Prior to the issuance of a building permit for any proposed commercial use that is reasonably anticipated to generate significant stationary noise (including, but not limited to, HVAC systems, loading docks, outdoor processing equipment, amplified sound, or other potentially loud operations) and is located within the following distances of an existing or proposed noisesensitive receptor (e.g., residential dwellings, schools, hospitals, parks, libraries), the project proponent shall be required to prepare an acoustical analysis prepared by a qualified acoustical consultant. a. HVAC Mechanical Equipment: when equipment is within 50 feet of an existing or proposed noise-sensitive receptor. b. Truck Movements: when truck access routes are located within 100 feet of an existing or proposed noise-sensitive receptor.

Project
Proponent
Prior to
issuance of
building
permits
City of
Kerman
Community
Development
Department
153
Section 6, Item B.

Mitigation Measure
Party
responsible
for
Implementing
Mitigation
Timing
Party
responsible
for
Monitoring
Verifica
tion
(name/
date)
c. Parking Lot Activities: when a parking lot is located within 50 feet of an existing or proposed noise-sensitive receptor. d. Loading Dock Activities: when loading docks are located within 100 feet of an existing or proposed noise-sensitive receptor. e. Compactor: when a compactor is located within 10 feet of an existing or proposed noise-sensitive receptor.

2. Requirements for Acoustical Analysis: The acoustical analysis shall, at a minimum, identify all potential significant stationary noise sources associated with the proposed use, including operational characteristics, predict noise levels at the property line of the noise source and nearest existing or proposed noise-sensitive receptors, and evaluate the predicted noise levels against the City of Kerman’s applicable stationary noise standards in the General Plan and Municipal Code. If noise levels are predicted to exceed the City’s standards at sensitive receptors, the analysis shall recommend specific, feasible, and effective mitigation measures to achieve compliance with the City’s standards. The acoustical analysis shall be submitted by the project proponent to the City of Kerman Community Development Department during the entitlement process. All noise mitigation measures recommended in the acoustical analysis shall be clearly incorporated into the project’s site plans prior to issuance of building permits.

Implementation of Mitigation Measures: Mitigation measures may include but are not limited to: relocation or redesign of noise-generating equipment, installation of sound barriers or enclosures, use of quieter equipment or operational practices, limitations on hours of operation for specific noise-generating activities, or architectural soundproofing. The analysis shall clearly demonstrate the expected noise reduction and 154
Section 6, Item B.

Mitigation Measure
Party
responsible
for
Implementing
Mitigation
Timing
Party
responsible
for
Monitoring
Verifica
tion
(name/
date)
confirm that the City’s noise standards will be met at all sensitive receptor locations. Prior to issuance of occupancy, the project proponent shall submit verification to the City of Kerman Community Development Department confirming that all required noise mitigation measures have been implemented in accordance with approved plans.

NOI-3 The following mitigation measures and best management practices shall be applied during periods of project construction. Prior to issuance of building permits for all project phases, the project proponent shall include these measures and best management practices on the construction plans submitted to the City of Kerman Community Development Department. The Building Division shall verify that these measures and best management practices are included in the construction plans prior to approval of building permits. • Adherence to City Ordinance: Construction activities are strictly prohibited outside the hours of 7:00 am and 10:00 pm, as mandated by the City of Kerman Municipal Code. Any work outside these hours requires prior written approval from the City of Kerman's Planning and/or Building Division, demonstrating necessity and implementation of enhanced noise mitigation measures.
• Equipment Maintenance and Muffling: All construction
equipment shall be maintained in proper working order with effective muffling devices that meet or exceed manufacturer specifications for noise reduction. Documentation of equipment maintenance, including muffler checks, shall be kept on-site and made available for inspection. During inspections by the City of Kerman’s Building Division, non-compliant equipment shall be Project
Proponent
Prior to
issuance of
building
permit
City of
Kerman
Community
Development
Department
155
Section 6, Item B.

Mitigation Measure
Party
responsible
for
Implementing
Mitigation
Timing
Party
responsible
for
Monitoring
Verifica
tion
(name/
date)
tagged and prohibited from use until proper maintenance or muffling is implemented and verified by the City.
• Idling Reduction: Noise-producing equipment shall not be left operating, running, or idling when not actively in use by construction personnel. Operators shall be instructed and regularly reminded to turn off equipment during periods of inactivity. This requirement shall be included in contractor agreements.
• Distance from Sensitive Receptors: Noise-producing construction equipment shall be strategically located and operated as far as feasible from noise-sensitive land uses (e.g., residences, schools, hospitals, parks). Site plans submitted with the construction documents shall identify noise-sensitive areas and demonstrate how equipment placement maximizes distance. The City's review of the construction site plan will assess the proposed equipment locations relative to sensitive receptors. Any significant deviations during construction will require justification and potential relocation of equipment as directed by the City.
• Staging Area Location: Construction staging areas, where equipment and materials are stored and where less intensive activities may occur, shall be located at the maximum possible distance from noise-sensitive land uses. The location of staging areas shall be clearly indicated on the construction site plan. The approved site plan will dictate the permissible locations for staging areas. Any unauthorized staging in closer proximity to sensitive receptors will require immediate relocation.
• Construction Hours Signage: Clearly visible signs, in both English and Spanish, shall be posted at all construction site entrances and near adjacent sensitive receptors. These signs shall prominently 156
Section 6, Item B.

Mitigation Measure
Party
responsible
for
Implementing
Mitigation
Timing
Party
responsible
for
Monitoring
Verifica
tion
(name/
date)
display the permitted hours of construction activities and provide the name and contact phone number of a designated noise disturbance coordinator responsible for addressing noise complaints. The presence and legibility of these signs will be verified during initial site inspections and monitored throughout the construction period. Missing or inadequate signage will require immediate replacement. The contact information for the noise coordinator shall be provided to the City prior to the commencement of construction.

Tribal Cultural Resources
See Mitigation Measure CUL-1 Project
Proponent
During
construction
for all phases
City of
Kerman
Community
Development
Department
157
Section 6, Item B.

Attachment ‘H’
ORDINANCE NO. 25-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING REZONE 2023-03 TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF KERMAN FOR TWO (2) PARCELS IDENTIFIED AS ASSESSOR’S PARCEL NUMBERS (APNS) 020-120-06 (19.82 ACRES) AND 020-120-03S (20 ACRES), PREZONING THE PARCELS CONSISTENT WITH THE PROPOSED LAND USE DESIGNATIONS, RESULTING IN APPROXIMATELY 30.39 ACRES WITHIN THE SMART DEVELOPMENT COMBINING DISTRICT – RESIDENTIAL – MINIMUM 3,500 SQUARE FEET (SD-R-3.5) AND 8.74 ACRES WITHIN THE MIXED USE DISTRICT, TOTALING APPROXIMATELY 39.13 ACRES LOCATED ON THE SOUTH SIDE OF WEST NIELSEN

AVENUE BETWEEN NORTH MADERA AVENUE AND NORTH DEL NORTE AVENUE WHEREAS, Rezone 2023-03 pertains to two (2) parcels (APNs 020-120-06 and 020-120-3S) consisting of approximately 39.13 acres located on the south side of West Nielsen Avenue between North Madera Avenue and North Del Norte Avenue (“project site), requesting to amend the Official Zoning Map of the City of Kerman; and
WHEREAS, the project site is located within the City of Kerman Sphere of Influence, but since it is outside City limits, the site is zoned by the County and is within the County of Fresno’s Agricultural Exclusive – 20 acres (AE-20) and Limited Agricultural – 20 acres (AL-20) zone districts; and WHEREAS, because the project site is outside City limits, the project requires annexation and pre-zoning to a zone district consistent with the City of Kerman 2040 General Plan; and WHEREAS, Rezone 2023-03 requests to pre-zone/rezone the two (2) parcels (APNs 020-120-06 and 020-120-3S) to zoning districts consistent with the planned land use designations, upon approval of General Plan Amendment 2023-02; and
WHEREAS, the pre-zone/rezone would result in approximately 30.39 acres within the Smart Development Combining District – Residential – Minimum 3,500 Square Feet (SD-R-3.5) and 8.74 acres within the Mixed Use District (MU) as shown in Exhibit ‘1’; and WHEREAS, approval of the project would require approval of General Plan Amendment 2023-02, Rezone 2023-03, Tentative Parcel Map 2024-01, Tentative Subdivision Map 2023-03, and Annexation 2023-03; and
WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City, as the Lead Agency, has analyzed the proposed project, including the Rezone, General Plan Amendment, and Annexation, Tentative Parcel Map, and Tentative Subdivision Map, and has prepared an Initial Study and Mitigated Negative Declaration (SCH No. 2025060904) to evaluate the proposed Project and the project is in compliance with CEQA; and WHEREAS, 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 158
Section 6, Item B.

WHEREAS, the Planning Commission has completed its review of the Staff Report and documents submitted for the proposed project at a special meeting on September 22, 2025, and adopted a resolution with a recommendation to the City Council to approve Rezone 2023-03; and WHEREAS, pursuant to the provision of Title 17 of the Kerman Municipal Code, the City of Kerman City Council held a public hearing on October 22, 2025 to consider Rezone 2023-03 during which the Council solicited public testimony, and considered the environmental assessment; and WHEREAS, the City Council now desires to approve Rezone 2023-03 to amend the Official Zoning Map of the City of Kerman for two (2) parcels (APNs 020-120-06 and 020-120-03S), prezoning the parcels to SD-R-3.5 and MU zoning districts, consistent with the planned land use designations, upon approval of General Plan Amendment 2023-02.

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

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 certified the IS/MND (SCH No. 2025060904) for the project. The IS/MND identified the pre-zoning of the project site. The pre-zoning does not change the environmental assessment of the IS/MND. Further, the IS/MND was recently certified at the public hearing regarding the 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 IS/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 IS/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 recommendation for certification that the project will have significant effect not discussed in the IS/MND. As such, the City Council finds Rezone 2023-03 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 project site is currently planned for residential and commercial uses. The project requests an amendment to the General Plan and Zoning Map to increase the acreage of land designated for medium density and mixed use uses, which requires the removal of the acreage of land designated for commercial uses.

The project would facilitate future residential and commercial development within an area with existing and planned residential, recreational and public institutional uses. Through compliance with applicable development standards, environmental mitigation measures, and conditions of approval, the project as proposed is consistent with General Plan Policies LU159 Section 6, Item B.

1.4 (Limit Residential Development Along Highways), LU-1.6 (Agricultural Buffers), LU-3.2 (Urban Form), LU-3.3 (Prevent Sprawl Development), LU-3.4 (Leapfrog Development) LU-4.5 (Right-to-Farm Disclosure), and LU-5.4 (New Incompatible Land Uses). Therefore, the change is consistent with the General Plan goals and policies. b. The change is consistent with the purpose of the Zoning Ordinance to promote the health, safety, and welfare of the community. The project requests to pre-zone the parcels to be annexed and rezone them to zoning districts consistent with the proposed land use designations. The proposed zoning districts are identified as compatible zoning districts for the proposed land use designations as shown in the General Plan. Future development proposed on the project site would be subject to compliance with the applicable standards and requirements of the Zoning Ordinance, standards which were adopted by the City to ensure preservation and promotion of public health, safety and welfare of the city and to facilitate growth and expansion of the city in a precise and orderly manner. Further, the project has been reviewed by the various City departments and evaluated for conformity with the requirements of the Zoning Ordinance. Through compliance with applicable development standards, environmental mitigation measures, and conditions of approval, the project as proposed is consistent with the purpose of the Zoning Ordinance. c. There will not be significant effects upon the quality of the environment and natural resources. Pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City, as the Lead Agency, has analyzed the proposed project, including the Rezone, General Plan Amendment, and Annexation, Tentative Parcel Map, and Tentative Subdivision Map, and has prepared an Initial Study and Mitigated Negative Declaration (SCH No. 2025060904) to evaluate the proposed Project. It was determined that all impacts were either less than significant or could be mitigated to a less than significant level.

4. Approval for Rezone. Given that all the findings can be made, City Council approves Rezone 2023-03 to amend the Official Zoning Map of the City of Kerman for two (2) parcels (APNs 020-120-06 and 020-120-03S), pre-zoning the parcels to SD-R-3.5 and MU zoning districts, consistent with the planned land use designations as set forth in Exhibit ‘1’.

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. Certification: This ordinance shall be published in accordance with the provisions of Government Code Section 36933.
160
Section 6, Item B.

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 22nd day of October, 2025, and passed and adopted at a regular meeting of the City Council on the 12th day of November, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing resolution is hereby approved.

Maria Pacheco
Mayor
ATTEST:

Josie Camacho
City Clerk
Exhibit ‘1’: Rezone 2023-03
161
Section 6, Item B.

Exhibit ‘1’
Rezone 2023-03
Prior Zoning (County) New Zoning (City)

162
Section 6, Item B.

Attachment ‘I’
RESOLUTION NO. 25-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING THE ORCHARDS AT GILL ESTATES PARCEL MAP OF TWO (2) PARCELS IDENTIFIED AS 020-120-06 (19.82 ACRES) AND 020-120- 03S (20 ACRES) INTO TWO (2) PARCELS AND ONE (1) REMAINDER, INCLUDING A 28.35-ACRE “PARCEL 1” THAT WOULD ACCOMMODATE TSM 2023-03, A 8.74-ACRE “PARCEL 2” ON THE EAST PORTION OF APN 020-120-06 WITH NO DEVELOPMENT PROPOSED AT THIS TIME, AND A 2.04-ACRE “REMAINDER”

ON THE NORTHWEST CORNER WITH AN EXISTING SINGLE-FAMILY RESIDENCE (TENTATIVE PARCEL MAP 2024-01)
WHEREAS, Lifetime Communities submitted Tentative Parcel Map 2024-01 pertaining to two (2) parcels (APNs 020-120-06 and 020-120-03S) that total approximately 40 acres located on the south side of West Nielsen Avenue between North Madera Avenue and North Del Norte Avenue (“project site”); and
WHEREAS, Tentative Parcel Map 2024-01 proposes to split the two (2) parcels into two (2) parcels and one (1) remainder (Exhibit ‘1’); and
WHEREAS, General Plan Amendment 2023-02, Rezone 2023-03, Annexation 2023-03, and Tentative Subdivision Map 2023-03 were considered concurrently by the Planning Commission with Tentative Parcel Map 2024-01; and
WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City, as the Lead Agency, has analyzed the proposed project, including the Rezone, General Plan Amendment, Annexation, Tentative Parcel Map, and Tentative Subdivision Map, and has prepared an Initial Study and Mitigated Negative Declaration (SCH No. 2025060904) to evaluate the proposed Project and the project is in compliance with CEQA; and WHEREAS, 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 September 22, 2025, and adopted a resolution with a recommendation to the City Council to approve Tentative Parcel Map 2024-01; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred, and the City Council now desires adoption of a resolution approving Tentative Parcel Map 2024-01.

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.
163
Section 6, Item B.

2. CEQA: The City Council concurrently certified the IS/MND (SCH No. 2025060904) for the project. The IS/MND identified the land division of the project site. The land division does not change the environmental assessment of the IS/MND. Further, the City Council certified the IS/MND for 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 IS/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 IS/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 recommendation for certification that the project will have significant effect not discussed in the IS/MND. As such, the City Council finds that Tentative Parcel Map 2024-01 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.

Through compliance with applicable development standards, environmental mitigation measures, and conditions of approval, the subdivision is consistent with the 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. There is no specific plan applicable to the site.
c. That the site is physically suitable for the proposed type of development. Tentative Parcel Map 2024-01 would split the two (2) parcels identified as APNs 020-120-06 and 020-120- 03S into two (2) parcels and one (1) remainder parcel to facilitate future residential and commercial uses. Through compliance with applicable development standards, environmental mitigation measures, and conditions of approval, land characteristics, including topography, soil conditions, drainage patterns, ingress/egress and access points, and utility availability are appropriate and can accommodate future development without significant challenges or modifications.
164
Section 6, Item B.
d. That the site is physically suitable for the proposed density of development. Tentative Parcel Map 2024-01 would split the two (2) parcels identified as APNs 020-120-06 and 020-120-03S into two (2) parcels and one (1) remainder parcel. The parcel sizes conform to the standards of development as defined by the Zoning Ordinance for the applicable development zone districts. Future development would be subject to compliance with applicable development standards, including allowable density and intensity. Compliance with these standards would be ensured through the entitlement review process. e. The design of the land division and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish, wildlife, or their habitat. Pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City, as the Lead Agency, has analyzed the proposed project, including the Rezone, General Plan Amendment, Annexation, Tentative Parcel Map, and Tentative Subdivision Map, and has prepared an Initial Study and Mitigated Negative Declaration (SCH No. 2025060904) to evaluate the proposed Project. It was determined that all impacts were either less than significant or could be mitigated to a less than significant level.
f. The design of the land division and type of improvements being required are not likely to cause serious public health problems. All improvements shall be required by the City and shall include sewer, water, underground power, telephone, gas, concrete curbs, gutters, sidewalks, permanent street pavement, and streetlights. The project will be tied into existing municipal water, sewer, and storm drain systems through the extension of existing systems Sanitary sewer service would be provided through connection to the existing trunk sewer main in First Street at the east-west street along the southern boundary of the site. Domestic water service would also be provided through a connection point at the same location. A drainage basin is proposed on-site in Outlot D of the subdivision on a portion of the parcel identified as APN 020-120-03S. The basin was adequately sized to accommodate stormwater runoff from the site. Associated electric, natural gas, telecommunications, and solid waste services are provided by private companies and will serve the project site as needed. Through compliance with applicable development standards, environmental mitigation measures, and conditions of approval, the design of the land division and type of improvements being required are not likely to cause serious public health problems.
g. 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. 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. 165
Section 6, Item B.
h. 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.

4. Approved with Conditions. Based on the aforementioned findings, the City Council adopts a resolution to approve Tentative Parcel Map 2024-01 (Exhibit ‘1’), subject to the conditions set forth in Exhibit ‘2’ (Tentative Parcel Map 2024-01 conditions of approval) attached hereto.

5. Effective Date of Resolution. This Resolution shall become effective immediately after the City Council approves Rezone 2023-03 and said ordinance adopting the same then becomes effective.

The foregoing resolution was approved by the City Council of the City of Kerman at a regular meeting on the 22nd day of October 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing resolution is hereby approved.

Maria Pacheco
Mayor
ATTEST:

Josie Camacho
City Clerk
Exhibit ‘1’: Tentative Parcel Map 2024-01
Exhibit ‘2’: Conditions of Approval for Tentative Parcel Map 2024-01 166
Section 6, Item B.

Exhibit ‘1’
Tentative Parcel Map 2024-01
167
Section 6, Item B.

Exhibit ‘2’
Conditions of Approval
Tentative Parcel Map No. 2024-01
The Orchards at Gill Estates
Engineering Division 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.

A. General

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

2. The conditions given herein are for the entire development. Additional requirements for individual phases may be necessary pending review by the City Engineer.

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

4. 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. Submit a 18” x 26” final 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 map shall be drawn at a scale of 1"=100' and include the current filing fee, closure calculations, preliminary title report dated within 30 days of submittal, legal descriptions and 168
Section 6, Item B.
drawings of required dedications. Upon approval of the final map, applicant shall submit a reproducible/electronic copy (PDF) to the City Engineer.

2. Submit a copy of the recorded map to the County Surveyor’s Office pursuant to Section 66466(f) of the Subdivision Map Act and Section 8774.5(a) of the Professional Land Surveyors Act
C. Dedications

1. Provide right-of-way acquisition or dedicate free and clear of all encumbrances the following streets to City standards, unless otherwise shown on the tentative parcel map:
a) Nielsen Avenue
i) Lot 1 Frontage: Dedicate right-of-way and easements, along development frontage, in accordance with City Standard P-1, to achieve a Collector street half width of 42’ south of center/section.
ii) Remainder Parcel Frontage: Dedicate right-of-way to achieve a modified Collector street half width varying from 24’ to 30’ south of center/section.

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. 169
Section 6, Item B.

Attachment ‘J’
RESOLUTION NO. 25-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING THE ORCHARDS AT GILL ESTATES SUBDIVISION OF ONE (1) PARCEL INTO 172 SINGLE-FAMILY LOTS RANGING IN SIZE FROM 3,690 SQUARE FEET TO 8,987 SQUARE FEET AND FIVE (5) OUTLOTS, TOTALING APPROXIMATELY

28.35 ACRES LOCATED ON THE SOUTH SIDE OF WEST NIELSEN AVENUE BETWEEN NORTH MADERA AVENUE AND NORTH DEL NORTE AVENUE (TENTATIVE SUBDIVISION MAP 2023-03) WHEREAS, Lifetime Communities submitted Tentative Subdivision Map 2023-03. “The Orchards at Gill Estates,” pertaining to one (1) parcel (Parcel 1 of Tentative Parcel Map 2024-01) consisting of approximately 28.35 acres located on the south side of West Nielsen Avenue between North Madera Avenue and North Del Norte Avenue (“project site”); and WHEREAS, Tentative Subdivision Map 2023-03 proposes to subdivide the 28.35 acres into 172 single-family lots, ranging in size from 3,690 square feet to 8,987 square feet (Exhibit ‘1’); and WHEREAS, General Plan Amendment 2023-02, Rezone 2023-03, Annexation 2023-03, and Tentative Parcel Map 2024-01 were considered concurrently by the Planning Commission with Tentative Subdivision Map 2023-03; and
WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City, as the Lead Agency, has analyzed the proposed project, including the Rezone, General Plan Amendment, Annexation, Tentative Parcel Map, and Tentative Subdivision Map, and has prepared an Initial Study and Mitigated Negative Declaration (SCH No. 2025060904) to evaluate the proposed Project and the project is in compliance with CEQA; and WHEREAS, 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 September 22, 2025, and adopted a resolution with a recommendation to the City council to approve Tentative Subdivision Map 2023-03; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred, and the City Council now desires to recommend to approve Tentative Subdivision Map 2023-03.

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: The City Council concurrently certified the IS/MND (SCH No. 2025060904) for the project. The IS/MND identified the subdivision. The subdivision does not change the environmental assessment 170
Section 6, Item B.
of the IS/MND. Further, the City Council certified the IS/MND for 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 IS/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 IS/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 recommendation for certification that the project will have significant effect not discussed in the IS/MND. As such, the City Council finds that Tentative Subdivision Map 2023-03 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, as follows:
a. The proposed map is consistent with the applicable General Plan, Subdivision Ordinance, Specific Plan, and the Subdivision Map Act. Through compliance with applicable development standards, environmental mitigation measures, and conditions of approval, Tentative Subdivision Map 2023-03 is consistent with all local planning documents including the General Plan, Subdivision Ordinance, and Zoning Ordinance, and the Subdivision Map Act. b. The design or improvement of the proposed land division is consistent with applicable general plan and specific plans. Tentative Subdivision Map 2023-03 is consistent with the intended land uses, density, and development standards outlined in the General Plan. Through compliance with applicable development standards, environmental mitigation measures, and conditions of approval, the subdivision is consistent with the 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. There is no specific plan applicable to the site.
c. That the site is physically suitable for the proposed type of development. Tentative Subdivision Map 2023-03 would subdivide “Parcel 1” of the Tentative Parcel Map 2024-01 to create 172 parcels to support single-family uses. Through compliance with applicable development standards, environmental mitigation measures, and conditions of approval, land characteristics, including topography, soil conditions, drainage patterns, ingress/egress and access points, and utility availability are appropriate and can accommodate future development without significant challenges or modifications. d. That the site is physically suitable for the proposed density of development. Tentative Subdivision Map 2023-03 would subdivide “Parcel 1” of the Tentative Parcel Map 2024-01 to create 172 parcels. The lot areas will conform to the standards of development as defined by 171
Section 6, Item B.
the Zoning Ordinance for the applicable development zone districts. Future development will be subject to compliance with applicable development standards, including allowable density and intensity. Compliance with these standards would be ensured through the entitlement review process.
e. 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. Pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City, as the Lead Agency, has analyzed the proposed project, including the Rezone, General Plan Amendment, and Annexation, Tentative Parcel Map, and Tentative Subdivision Map, and has prepared an Initial Study and Mitigated Negative Declaration (SCH No. 2025060904) to evaluate the proposed Project. It was determined that all impacts were either less than significant or could be mitigated to a less than significant level.
f. The design of the subdivision and type of improvements being required are not likely to cause serious public health problems. All improvements shall be required by the City and shall include sewer, water, underground power, telephone, gas, concrete curbs, gutters, sidewalks, permanent street pavement, and streetlights. The project will be tied into existing municipal water, sewer, and storm drain systems through the extension of existing systems.

Sanitary sewer service would be provided through connection to the existing trunk sewer main in First Street at the east-west street along the southern boundary of the site. Domestic water service would also be provided through a connection point at the same location. A drainage basin is proposed on-site in Outlot D of the subdivision on a portion of the parcel identified as APN 020-120-03S. The basin was adequately sized to accommodate stormwater runoff from the site. Associated electric, natural gas, telecommunications, and solid waste services are provided by private companies and will serve the project site as needed. Through compliance with applicable development standards, environmental mitigation measures, and conditions of approval, the design of the subdivision and type of improvements being required are not likely to cause serious public health problems. g. 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. 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.
h. 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 172
Section 6, Item B.
of allowable densities or the percentage of a lot that may be occupied as contemplated by Government Code section 66473.1.

4. Approved with Conditions. Based on the aforementioned findings, the City Council adopts a resolution to approve Tentative Subdivision Map 2023-03 (Exhibit ‘1’), subject to the conditions set forth in Exhibit ‘2’ (Tentative Subdivision Map 2023-03 conditions of approval) attached hereto.

5. Effective Date of Resolution. This Resolution shall become effective immediately after the City Council approves Rezone 2023-03 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 22nd day of October 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing resolution is hereby approved.

Maria Pacheco
Mayor
ATTEST:

Josie Camacho
City Clerk
Exhibit ‘1’: Tentative Subdivision Map 2023-03
Exhibit ‘2’: Tentative Subdivision Map No. 2023-03 Conditional of Approval 173
Section 6, Item B.

Exhibit ‘1’
Tentative Subdivision Map 2023-03
174
Section 6, Item B.

Exhibit ‘2’
Conditions of Approval
Tentative Subdivision Map No. 2023-03
The Orchards at Gill Estates Residential Subdivision
Community Development Department Conditions of Approval

1. Project approval is conditioned upon applicant’s acceptance of the conditions of approval contained herein.

2. The applicant shall obtain express written approval of the Community Development Director for a deferment, modification, or waiver of any conditions of approval.

3. The applicant shall relay all conditions of approval for this project to all subsequent purchasers of individual lots, if applicable, or to subsequent purchasers of this entire subdivision.

4. All conditions of approval shall be the sole financial responsibility of the applicant, except where otherwise specified in the conditions of approval listed herein, via a separate development agreement, or as mandated by statutes.

5. The applicant shall comply with all mitigation measures identified in the Mitigation Monitoring and Reporting Program prepared for this development.

6. It shall be the responsibility of the applicant to ensure that all required approvals, permits, and/or inspections from any entity having jurisdiction, are obtained prior to issuance of final occupancy for any lot.

7. For the lots designated for single-family within the smart development combining district, the applicant shall apply for a Development Plan Review Permit to ensure a comprehensive development of superior quality than which might otherwise occur from more traditional development. The Development Plan Review Permit shall be approved prior to the issuance of any building permit.

8. For the lot designated for mixed-use, any proposed development will be required to go through the development review process and obtain approvals for development separately.

9. The applicant shall obtain City approval in advance for any temporary or permanent subdivision signs through the sign review process, in accordance with the City’s Zoning Code. 175
Section 6, Item B.

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

11. A right-to-farm covenant, approved as to legal form by the City Attorney, shall be recorded prior to the recording of the Final Map. The covenant shall be disclosed to all future homebuyers.

12. All landscaping (public planter/park strips, open space areas, outlots, typical lot plans, etc.) shall conform to the California Model Water Efficient Landscape Ordinance (MWELO) and all other applicable City standards. Preliminary landscape plans for all landscape areas shall be submitted for review and approval by the Community Development Department prior to the submittal of construction documents for review and approval.

13. All residential lots shall provide an all-weather surface and path for the movement and storage of trash toters. The path shall lead from the street to within the fenced side yard of each lot.

14. The applicant shall dedicate an approximately 1.54-acre neighborhood park (Outlot ‘C’) for public purposes. The park shall be developed with landscaping (trees and shrubs), spacious turf area, shade structure to accommodate a minimum of four (4) picnic tables, ADA compliant amenities, and a playground area for children. The development of the park will require a conditional use permit. A site plan, landscaping plan, and information on all structures, equipment, and materials to be provided shall be submitted for review and approval by the Parks and Recreation Department as part of the conditional use permit approval process. 176
Section 6, Item B.

Engineering Division 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.

A. General

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

2. The conditions given herein are for the entire development. Additional requirements for individual phases may be necessary pending review by the City Engineer.

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

4. Pay all applicable development impact fees (DIFs) prior to final inspection or certificate of occupancy, whichever comes first. The City may require payment of DIFs at an earlier time if it is determined that any of the provisions of Government Code Section 66007(b)(1) are satisfied. DIF rates shall be those in effect at the time of final map approval. If all development impact fees are not paid within two years of the date the final map is recorded, then those outstanding fees will have to be paid at the rate in effect at the time of collection. The applicant may be eligible for fee credits or fee reimbursements for oversizing 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, including backup documentation (i.e. contracts, invoices, payments, etc.), for review and approval by the City Engineer prior to acceptance of the improvements by the City.

5. 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.

6. 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.
177
Section 6, Item B.

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

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

9. 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 to the Utilities.

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

11. 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.

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

13. 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.

14. 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.

15. 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.

16. 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.

17. 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 submit a schedule showing the sequence of development within the area covered by the tentative map.
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Section 6, Item B.

18. 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.

19. 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 set up a Pre-Submittal Meeting prior to the initial submittal of the improvement plans. The Applicant ’s engineer is required to attend.

2. Comply with the City’s Final Map and Improvement Plans Checklists in preparation of final map(s) and construction documents.

3. Submit a 18” x 26” final 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 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 map, applicant shall submit a reproducible/electronic copy (PDF) to the City Engineer.

4. 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, showing locations and sizes of storm drain, sewer and water mains, laterals, manholes, meters, valves, hydrants, etc. 179
Section 6, Item B.

5. 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.

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

7. 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.

8. Submit a copy of the recorded map to the County Surveyor’s Office pursuant to Section 66466(f) of the Subdivision Map Act and Section 8774.5(a) of the Professional Land Surveyors Act
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) Nielsen Avenue
i) Dedicate right-of-way and easements, along development frontage, in accordance with City Standard P-1, to achieve a Collector street half width of 42’ south of center/section.
ii) Dedicate right-of-way and easements, along Remainder Parcel (TPM 2024-01) frontage, to achieve a modified street half width varying from 24’ to 30’ south of center/section.
iii) Relinquish all direct vehicular access from all single-family residential lots backing or siding onto this street.
iv) Construct improvements south of center/section line, along development frontage, in accordance with City Standard P-1 for a Collector Street. Improvements shall include, but not be limited to, curb and gutter, sidewalk, curb ramps, streetlights, landscaped median island, landscaping, irrigation, and permanent paving. North of center/section line, construct half-width landscaped median island, and 12’ westbound travel lane.
v) Construct improvements south of center/section line along the Remainder Parcel (TPM 2024-01) frontage. Improvements shall include, but not be limited to, curb and gutter, sidewalk, curb ramps, streetlights, median island (geometry and construction to be approved by the City Engineer during improvement plan review process), and permanent paving. North of center/section line, construct 12’ travel lane and 4’ paved shoulder.
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Section 6, Item B.
vi) Re-construct Nielsen, from the east end of the development to State Route 145, to provide one 12’ travel lane and 4’ paved shoulders in each direction. vii) Construct transitional paving as required.
b) East-West Street adjacent to the South
i) Relinquish all direct vehicular access from all single-family residential lots backing or siding onto this street.
c) 50’ Interior Residential Streets
i) Dedicate right-of-way and easements, in accordance with City Standard P-1. ii) Construct improvements including curb and gutter, sidewalk, drive approaches, curb ramps, streetlights, landscaping and irrigation, and permanent paving. iii) Relinquish vehicular access to future mixed-use development east of the proposed development (Lot 2 of TPM 2024-01).
d) Madera Avenue (State Route 145)
i) Harvest Elementary Road (east-west street along southern boundary of the development) Intersection: Complete the Intersection Safety and Operational Assessment Process (ISOAP) process in accordance with Caltrans comment letter dated March 27, 2025. For any improvements required as a result of the ISOAP, comply with the developments Fair Share contribution recommendation included in the Traffic Impact Analysis dated May 21, 2025.
ii) For information, the future development of the mixed-use lot to the east of the proposed development (Lot 2 of TPM 2024-01) will be required to construct frontage improvements along Madera Avenue (SR 145). Lane configuration, shoulder, curb and gutter, sidewalk, lighting, etc. should match the roadway configuration directly to the south. Improvement requirements will be included in the conditions of approval for future entitlements for development of the mixed-use lot.

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
Residential Street 2” HMA/4” AB, CL II/6” CNS
Collector Street 3” HMA/6” AB, CL II/6” CNS
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Section 6, Item B.

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 consistent with existing street alignments, where applicable. Where existing street alignments do not exist, proposed street names shall be submitted for review by the Community Development Director. Names matching existing county roads or city streets must maintain the current suffix. When deemed practical, entry streets, cul-de-sacs, and courts should utilize the name of the nearest street. All street names shall be approved by the Community Development Director.

11. Subdivision signage shall comply with applicable Building & Fire Code and Section 17.30.070 of the Kerman Municipal Code.

D. Sanitary Sewer

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

2. Dedicate a minimum 15’ wide easement for all onsite sewer mains not located in dedicated rights-of-way. Wider easements may be required for sewer mains that are oversize, trunk, deep, or any other condition per the discretion of the City Engineer.

3. Dedicate Outlot A for public sewer purposes. Surface with crushed rock or other material per City Engineer’s requirements.
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Section 6, Item B.

4. Connect to the nearest 18” sanitary sewer main available to serve the development, located at the northern dead end of First Street at the intersection with Harvest Elementary Road (east-west street adjacent to the southern boundary 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.

5. 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) Interior Streets: Minimum of 8” sewer mains throughout development. b) Avenue ‘B’ and Roads ‘C’ and ‘D’: Install ”12" sewer main alignment between Nielsen Avenue and the northern dead end of First Street at the intersection with Harvest Elementary Road (east-west street adjacent to the southern boundary of the development).

6. 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.

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. Alternative easement widths may be required at the discretion of the City Engineer.

3. Connect to the nearest 12” water main available to serve the development, located at the northern dead end of First Street at the intersection with Harvest Elementary Road (eastwest street adjacent to the southern boundary of the development). Connect to the water main in Harvest Elementary Road (east-west street adjacent to the southern boundary of the development) as a second point of connection. The applicant ’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements.

4. 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.
a) Nielsen Avenue: 12” water main along the development and Remainder Parcel (Tentative Parcel Map 2024-01) frontage.
b) Interior Streets: Minimum of 8” water mains throughout development. 183
Section 6, Item B.
c) Mixed-use Lot: Install 8” water main within easement on the mixed-use lot (Lot 2 of TPM 2024-01) along eastern side of development, west through Outlot E, and connect to water main in Road ‘F’.

5. 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.

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

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

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

9. Install fire hydrants at locations approved by the North Central Fire Protection District (NCFPD). Fire hydrants and curbs shall be painted as directed by the NCFPD. Documentation of NCFPD approval of fire hydrant locations must be submitted prior to approval of the improvement plans.

10. 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, unless otherwise approved via the required temporary basin covenant. 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 basin 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, as a condition precedent to the recordation of the final map, on the lot on which the basin is to be located.

3. Install storm drain pipes of the sizes and in the locations indicated below. The applicant’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements.
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Section 6, Item B.
a) Interior Streets: The minimum size of storm drain pipes shall be 15” diameter. Pipe sizing shall be supported by the required H&H calculations. b) Avenue ‘C’ and Road ‘C’: 30” storm drain in accordance with the City’s Storm Drain Master Plan.

4. 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.

5. Install masonry block walls in accordance with City Standards, with a minimum height of 6 feet above finished grade on the high side, and of a design, material, and color approved by the Community Development Director at the following locations:
a) Nielsen Avenue: along the development frontage.
b) South Property Line: from the western limit to the eastern limit of the subdivision. c) East Property Line Abutting Mixed-Use Lot (Lot 2 of TPM 2024-01): from the southern limit to the northern limit of the subdivision.

6. 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 concrete/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, easements, and all other areas reserved for public landscaping. Plans for the required landscaping and irrigation systems shall be prepared by 185
Section 6, Item B.
an appropriately qualified professional and conform to the City of Kerman Standard Drawings and Specifications, Street Median Landscape Master Plan and the California Model Water Efficiency Ordinance. A preliminary landscape plan for all public areas shall be submitted to the Community Development Department for review and approval prior to submittal of construction documents. Public landscaping and irrigation shall be installed in the following locations:
a) Nielsen Avenue: along the development frontage from back of curb to masonry wall. b) Outlots B, D, and E

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

3. Request annexation to the City’s Landscaping and Lighting District (LLD). 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 LLD. The property owner/applicant shall notify all potential lot buyers before they actually purchase a lot that this subdivision is a part of a LLD. 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 LLD, as requested by the City.

H. Agricultural Irrigation/Surface Water Conveyance Facilities

1. 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.

2. Identify all existing onsite agricultural irrigation systems either onsite or within public rightsof-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 186
Section 6, Item B.
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.

3. Indicate on construction drawings the depth, location and type of material of any existing FID or privately owned irrigation lines 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 FID and the City Engineer.

Other Agency and Department Conditions
A. Caltrans

1. Madera Avenue (SR 145) and Harvest Elementary Road (east-west street along southern boundary of the development) Intersection: Complete the Intersection Safety and Operational Assessment Process (ISOAP) to evaluate proposed traffic control and design geometrics.

2. Comply with alternative transportation policies:
a) Pedestrian walkways should link this project to transit facilities, bicycle pathways, and other walkways in the surrounding area.
b) Connections to local and regional bicycle pathways should be coordinated to encourage further use of bicycles for commuter and recreational purposes.

B. Fresno Irrigation District (FID)

1. For informational purposes, Houghton West No. 94 runs westerly along the north side of Nielsen Avenue, crosses Madera Avenue (SR 145) 1,300 feet northeast of the subject property, crosses Del Norte Avenue approximately 600 feet northwest of the subject property, and crosses Siskiyou Avenue approximately 1,900 feet northwest of the subject property. For any street and/or utility improvements along Nielsen Avenue and/or Madera Avenue (SR 145), or otherwise in the vicinity of the Houghton West No. 94, FID must review and approve the improvement plans.

2. For informational purposes, FID’s Whitmore runs southwesterly approximately 250 feet northeast of the subject property. For any street and/or utility improvements in the vicinity of this pipeline, FID must review and approve the improvement plans.

3. For informational purposes, a private pipeline known as the Whitmore No. 346 runs southwesterly traversing the subject property. FID does not own, operate, or maintain this pipeline. FID’s records indicate this line is active and shall need to be treated as such. FID can supply a list of known users upon request to obtain consent to abandon/remove the subject pipeline within the subject property.

C. Fresno Local Agency Formation Commission (LAFCo)
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Section 6, Item B.

1. The applicant will be required to submit the appropriate application materials including fees to LAFCo for reorganization. These materials are enumerated on LAFCo’s website (www.fresnolafco.org) through the Applications and Documents tab under “Items Necessary for a Complete Application”. The current fee schedule for changes of organization/reorganization (annexation) of 21-40 acres is $9,600.

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

D. Kerman Unified School District (KUSD)

1. Pay applicable school fees at the rate in affect at the time of collection. School fees shall be paid prior to issuance of building permits and proof of such payment shall be submitted to the City of Kerman Building Division.

E. Mid Valley Disposal

1. Each single-family unit shall require three (3) carts, which must be stored in the garage or elsewhere on the property until service day.

F. North Central Fire Protection District (NCFPD)

1. The project shall comply with the requirements of the North Central Fire Protection District Operational Policy 403.002.

2. Provide all weather access to the development prior to the delivery of combustible material to the site and maintain during all phases of construction to the satisfaction of NCFPD.

Alternative or phased fire access requires prior approval by NCFPD.

G. PG&E

1. The final map shall contain a statement setting forth dedications and offers to dedicate interests in real property for public utility purposes. If the offer of dedication has terminated, or the City declines to accept it, the applicant/developer may be required to provide an easement in gross satisfactory to PG&E. The following language is recommended to be expressly stated for the offer to dedicate Public Utility Easements (PUEs):

The PUEs hereby offered for dedication are to be kept open and free of buildings, structures and wells of any kind.
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Section 6, Item B.

H. San Joaquin Valley Air Pollution Control District (SJVAPCD)

1. Prior to issuance of grading permits or commencement of construction activities, whichever comes first, the applicant/developer shall provide the City with evidence from the San Joaquin Valley Air Pollution Control District of an approved Dust Control Plan or Construction Notification form under Regulation VIII – Fugitive Dust PM10 Prohibitions. The development may be subject to other rules including, but not limited to, Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities), Rule 4601 (Architectural Coatings), and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). The developer will be required to carry out measures of applicable SJVAPCD Rules and Regulations as noted in their comment letter dated March 26, 2024.
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Section 6, Item B.

Attachment ‘K’
RESOLUTION NO. 25-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN INITIATING ANNEXATION OF TWO (2) PARCELS IDENTIFIED AS ASSESSOR’S PARCEL NUMBERS (APNS) 020-120-06 (19.82 ACRES) AND 020- 120-03S (20 ACRES), TOTALING APPROXIMATELY 40 ACRES LOCATED ON THE SOUTH SIDE OF WEST

NIELSEN AVENUE BETWEEN NORTH MADERA AVENUE AND NORTH DEL NORTE AVENUE (ANNEXATION 2023-03)
WHEREAS, the City of Kerman desires to initiate proceedings, pursuant to the Cortese-KnoxHertzberg Local Government Reorganization Act of 2000, Division 3, commencing with Section 56000 of the California Government Code; 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 the Kings River Conservation District of the parcels identified as APNs 020-120-06 and 020-120-03S (“project site”); 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 inhabited, and on this day contains 5 registered voters, according to information received from the County Elections Office; and WHEREAS, the proposed annexation area is inside the Sphere of Influence of the City of Kerman; and
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 facilitate future residential and commercial development; and
WHEREAS, approval of the project would require approval of General Plan Amendment 2023-02, Rezone 2023-03, Tentative Parcel Map 2024-01, Tentative Subdivision Map 2023-03, and Annexation 2023-03; and
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Section 6, Item B.

WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City, as the Lead Agency, has analyzed the proposed project, including the Rezone, General Plan Amendment, and Annexation, and Tentative Subdivision Map, and has prepared an Initial Study and Mitigated Negative Declaration (SCH No. 2025060904) to evaluate the proposed Project and the project is in compliance with CEQA; and WHEREAS, 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 September 22, 2025, and adopted a resolution with a recommendation to the City Council to initiate Annexation 2023-03; and WHEREAS, all prerequisites for the initiation of proceedings, pursuant to the Cortese-KnoxHertzberg Local Government Reorganization Act of 2000, have been met; and WHEREAS, after due consideration of all the items before it, the City Council now desires to adopt this Resolution to initiate annexation proceedings for the affected territory as set forth in Exhibit ‘1’.

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. The City Council concurrently certified the IS/MND (SCH No. 2025060904) for the project.

The IS/MND identified the annexation of the project site. The annexation does not change the environmental assessment of the IS/MND. Further, the City Council certified the IS/MND for 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 IS/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 IS/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 recommendation for certification that the project will have significant effect not discussed in the IS/MND. As such, the City Council finds Annexation 2023-03 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. General Plan Consistency. The City Council finds that the annexation is consistent with the goals, objectives, and policies of the City of Kerman 2040 General Plan, as amended by General Plan Amendment 2023-02. In this regard, the City Council finds that public necessity, convenience, general welfare, or good zoning practices justify annexation of the project site. Specifically, the annexation and pre-zoning change is consistent with the General Plan goals and policies, any 191
Section 6, Item B.
operative plan, or adopted policy including LU-3.2 Urban Form; LU-3.3 Prevent Sprawl Development; and LU-3.4 Leapfrog Development as described below and implements the planned residential and commercial land uses for the project site. a. General Plan Policy LU-3.2 Urban Form: The project site is outside City limits but is within the City’s Sphere of Influence. The project requires annexation and therefore would result in a change in City limits. The project as proposed would meet the considerations of General Plan Policy LU-3.2 Urban Form. Specifically, the project would facilitate future residential units which would help meet the city’s residential housing needs such as affordable housing or a desire for a wider and more diverse range of housing. The project would also facilitate open space (Outlot C) and recreational facilities (pedestrian trail) meeting several community needs. The project would not result in obstacles to growth because future development would be able to connect to City services. The project would also result in infrastructure improvements, including roadway and circulation improvements. Lastly, the project would facilitate future commercial uses through mixeduses which would serve the city’s economic development needs. Lastly, the project would facilitate future commercial uses which would serve the city’s economic development needs. Based on these considerations, the project as proposed maintains growth management controls and is consistent with General Plan Policy LU-3.2. b. General Plan Policy LU-3.3 Prevent Sprawl Development: The project site is contiguous to existing and approved development within City Limits. Thus, the project does not encourage sprawl and is therefore consistent with General Plan Policy LU-3-3. c. General Plan Policy LU-3.4 Leapfrog Development: The project site is contiguous to existing urban development and thus would not constitute leapfrog development.

4. Findings for Annexation. The City Council finds, as follows:
a. The proposed annexation is within the City’s adopted Sphere of Influence. The project site is outside City limits but is within the City’s Sphere of Influence. The project requires annexation and therefore would result in a change in City limits. The project as proposed would meet the considerations of General Plan Policy LU-3.2 Urban Form, which sets the City’s growth management control measures. Specifically, the project would facilitate future residential units which would help meet the city’s residential housing needs such as affordable housing or a desire for a wider and more diverse range of housing. The project would also facilitate open space (Outlot C) meeting community needs. The project would not result in obstacles to growth because future development would be able to connect to City services. The project would also result in infrastructure improvements, including roadway and circulation improvements. Lastly, the project would facilitate future commercial uses through mixed-use development which would serve the city’s economic development needs. Based on these considerations, the project as proposed maintains growth management controls and is consistent with General Plan Policy LU-3.2. 192
Section 6, Item B.
b. The proposal must be consistent with city general and specific plans, including adopted goals and policies. The project would facilitate future residential and commercial development within an area with existing and planned residential, commercial, recreational, and public institutional uses. Through compliance with applicable development standards, environmental mitigation measures, and conditions of approval, the project as proposed is consistent with General Plan Policies LU-1.4 (Limit Residential Development Along Highways), LU-1.6 (Agricultural Buffers), LU-3.2 (Urban Form), LU-3.3 (Prevent Sprawl Development), LU-3.4 (Leapfrog Development), LU-4.5 (Right-to-Farm Disclosure), and LU-5.4 (New Incompatible Land Uses). There are no specific plans applicable to the proposed project.
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. Pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City, as the Lead Agency, has analyzed the proposed project, including the Rezone, General Plan Amendment, and Annexation, Tentative Parcel Map, and Tentative Subdivision Map, and has prepared an Initial Study and Mitigated Negative Declaration (SCH No. 2025060904) to evaluate the proposed Project. It was determined that all impacts were either less than significant or could be mitigated to a less than significant level. 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 singlefamily). 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 use. 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 project would facilitate future residential uses which would assist the City with fulfilling the city’s RHNA obligation 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.

5. Approval of Initiation of Reorganization. Based on the information provided above, the City Council of the City of Kerman approves a resolution to initiate annexation and reorganization of the project site 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 Cortese193 Section 6, Item B.

Knox-Hertzberg Local Government Reorganization Act of 2000. The City Council authorizes and directsthe 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.

6. Effective Date of Resolution. This Resolution shall become effective immediately after the City Council approves of Rezone 2023-03 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- 03 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 22nd day of October 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing resolution is hereby approved.

Maria Pacheco
Mayor
ATTEST:

Josie Camacho
City Clerk
Exhibit ‘1’: Annexation 2023-03
194
Section 6, Item B.

Exhibit ‘1’
Annexation 2023-03
195
Section 6, Item B.

STAFF REPORT
MEETING DATE: October 22, 2025
PRESENTER: Jerry Jones, Community Development Director
SUBJECT: Ordinance Amending Chapter 15.04 of Title 15 of the Kerman Municipal Code to Adopt the 2025 California Building Standards Code By Reference (JJ) RECOMMENDATION: City Council introduce Ordinance Amending Chapter 15.04 of Title 15 of the Kerman Municipal Code to Adopt the 2025 California Building Standards Code by Reference, waive full reading, and set the date for the required public hearing for November 12, 2025.

EXECUTIVE SUMMARY:

Every three years, the California Building Standards Commission (BSC), a State agency, adopts updated codes for the design and construction of buildings and structures within the State, known as the California Title 24 Building Standards Code, also referred to as the California Building Standards Code, Building Code, and simply Title 24. State law mandates that local governments enforce these regulations or enforce local ordinances containing qualified, reasonably necessary, and generally more restrictive building standards than those provided in the California Building Standards Code (CBSC). The 2025 CBSC was published by the BSC on July 1, 2025. As a result of the BSC action, each local government agency may adopt this new code, with local amendments if desired, by January 1, 2026. If no local action is taken by this date, then the State’s Code in its entirety is applicable to the agency’s jurisdiction when processing permit applications. Adoption of the 2025 CBSC by reference allows future amendments to the CBSC to be included automatically rather than having to amend the City’s Municipal Code each time there is an amendment to the CBSC.

The 2025 California Building Standards Code, Title 24, California Code of Regulations, includes the following parts:
 Part 1 – California Administrative Code
 Part 2 – California Building Code
 Part 2.5 – California Residential Building Code
 Part 3 – California Electrical Code
 Part 4 – California Mechanical Code
 Part 5 – California Plumbing Code
 Part 6 – California Energy Code
 Part 7 – California Wildland-Urban Interface Code
 Part 8 – California Historical Building Code
 Part 9 – California Fire Code
 Part 10 – California Existing Building Code
 Part 11 – California Green Building Standards Code
 Part 12 – California Reference Standards Code
196
Section 7, Item A.

The 2025 CBSC can be accessed via the following link: https://www.dgs.ca.gov/BSC/Codes. All construction and development projects submitted to the City on or after January 1, 2026 will be required to comply with the 2025 CBSC.

FISCAL IMPACT:

Hard copies of the 2025 CBSC must be available in the Building Division for staff and public review and have already been procured. Costs associated with procurement of the 2025 CBSC are accounted for as part of the 2025-2026 Fiscal Year Budget.

ENVIRONMENTAL REVIEW:

The adoption of this ordinance is exempt from further CEQA review under the common sense rule (Section 15061(b)(3)), as there is not a reasonable possibility that the adoption of the 2025 CBSC may have a significant adverse impact on the environment.

ATTACHMENTS:

A. Proposed Ordinance
197
Section 7, Item A.

Attachment ‘A’
ORDINANCE NO. 25-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KERMAN AMENDING CHAPTER 15.04 OF TITLE 15 OF THE KERMAN MUNICIPAL CODE TO ADOPT THE 2025 CALIFORNIA BUILDING STANDARDS CODE BY REFERENCE
THE CITY COUNCIL OF THE CITY OF KERMAN DOES ORDAIN AS FOLLOWS:

Section 1. Amendment. Section 15.04.010 of Chapter 15.04 of the Kerman Municipal Code is hereby amended to read as follows:

15.04.010 California Building Code adopted.

The City of Kerman hereby adopts the California Title 24 Building Standards Code (California Building Standards Code) by reference. The California Building Standards Code is marked accordingly and is on file in the office of the Building Division of the City of Kerman. In particular, the following are hereby adopted:

A. 2025 California Administrative Code--CCR Title 24, Part 1, as published by the International Code Council;
B. 2025 California Building Code--CCR Title 24, Part 2, (Volume 1 & 2) and including Chapter 1, Division II Scope and Administration and Appendix H – Signs, Appendix I – Patio Covers, Appendix J – Grading, and Appendix Q – Emergency Housing, as published by the International Code Council;
C. 2025 California Residential Code--CCR Title 24, Part 2.5, including Chapter 1, Division II Scope and Administration and all Appendices excepting Appendix AB – Permit Fees, as published by the International Code Council; D. 2025 California Electrical Code--CCR Title 24, Part 3, including Article 89 and Annex H, as published by the National Fire Protection Association; E. 2025 California Mechanical Code--CCR Title 24, Part 4, including Chapter 1, Division II Administration and all Appendices, as published by the International Association of Plumbing and Mechanical Officials;
F. 2025 California Plumbing Code--CCR Title 24, Part 5 including Chapter 1, Division II Administration and all Appendices, as published by the International Association of Plumbing and Mechanical Officials;
198
Section 7, Item A.

G. 2025 California Energy Code--CCR Title 24, Part 6 and all Appendices, as published by the International Code Council;
H. 2025 California Wildland-Urban Interface Code – CCR Title 24, Part 7, as published by the international Code Council;
I. 2025 California Historical Building Code--CCR Title 24, Part 8, including Appendix A, as published by the International Code Council;
J. 2025 California Fire Code--CCR Title 24, Part 9 including Chapter 1, Division II Administration, including all Appendices, as published by the International Code Council;
K. 2025 California Existing Building Code--CCR Title 24, Part 10 including Chapter 1, Division II Administration, and all Appendices, as published by the International Code Council;
L. 2025 California Green Building Standards Code--CCR Title 24, Part 11, as published by the International Code Council;
M. 2025 California Referenced Standards Code, including all Appendices, as published by the International Code Council;
Section 2. Severability. The City Council declares that the provisions of this Ordinance are severable. If, for any reason, any sentence, paragraph, or section of this ordinance is determined by a court of competent Jurisdiction to be invalid, such determination will not affect the validity of the remaining portions of this Ordinance.

Section 3. CEQA. The City Council finds this project is exempt pursuant to California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) as there is not a reasonable possibility that the amendments may have a significant adverse impact on the environment as i) California law mandates that on January 1, 2026, all portions of the 2025 California Code of Regulations Title 24 will be effective within the City regardless of whether the City takes any action, which regulations thereby serves as a baseline for the purposes of CEQA; ii) previously approved amendments to said regulations that are being carried forward without change also constitute the existing environmental baseline, and it will not add any additional significant adverse impact to the environment to continue to use said amendments; iii) to the extent that previously approved amendments are modified, said modifications are primarily related to the administration of said regulations, and such ministerial processes will not result in a significant, adverse impact to the environment; and iv) any remaining proposed amendments, additions, or deletions will not result in a significant, adverse impact to the environment given the environmental baseline. As such, no further analysis is required under CEQA. 199
Section 7, Item A.

Section 4. Publication. This Ordinance shall be published in accordance with the provisions of Government Code Section 36933.

Section 5. Effective Date. This Ordinance shall become effective January 1, 2026.

The foregoing ordinance was introduced at a regular meeting of the City of Kerman City Council held on the 22nd day of October 2025, and was passed and adopted at a regular meeting of the City of Kerman City Council held on the 12th day of November 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing ordinance is hereby approved.
______________________________
Maria Pacheco
Mayor
ATTEST:
_______________________________
Josie Camacho
City Clerk
200
Section 7, Item A.

STAFF REPORT
MEETING DATE: October 22, 2025
PRESENTER: Theresa Johnson, Community Services Director SUBJECT: Consideration of Professional Services Agreement with els Architecture and Urban Design regarding the Kerman Area Multi-Generational Resiliency Center (TJ) RECOMMENDATION: Council by motion adopt a resolution approving the Kerman Area MultiGenerational Resiliency Center Architectural Design Services Agreement with els Architecture and Urban Design regarding the Kerman Area Multi-Generational Resiliency Center located at 15100 W. Kearney Blvd. for $1,228,725.00 and authorize the City Manager to execute the agreement.

DISCUSSION:

In November of 2023, the City received a $7,250,000.00 grant award from the California Department of Food and Agriculture to construct the Kerman Area Multi-Generational Resiliency Center. This award was just a portion of the total estimated project cost of $16,383,000.00. The City continued to seek additional grant funding from the Strategic Growth Council Community Resiliency Centers Program and, in April 2024, received word that the City was not selected for this funding. Staff continued to seek other funding sources, including applying for Congressional direct funding from the 13th Congressional District. At the same time, staff began seeking alternative funding sources, including loans. The City ultimately started working with municipal financial advisor Fieldman, Rolapp & Associates Inc., to identify additional financing to advance this project and protect this grant award.

As work continued in the background with Fieldman, Rolapp & Associates, staff released the Request for Proposals for architectural design services for the Kerman Area MultiGenerational Resiliency Center project on May 14, 2025. Due to the high volume of requests for information, the proposal due date was extended by one week from 4:00 p.m. on Wednesday, June 18, 2025, to 4:00 p.m. on Wednesday, June 25, 2025.

At closing, 18 proposals were received. To confirm that all requested materials were included in the proposal, staff conducted a preliminary review. After that, Community Services Director Theresa Johnson and Administrative Assistants Arlene Villarreal and Marisol Camacho conducted a formal review of the proposals. 201
Section 7, Item B.

Upon completion of the scoring, the top three candidates — els Architecture and Urban Design, Sera Design and Architecture, Inc., and The Taylor Group Architects — were invited to participate in an in-person interview on Wednesday, August 27, at the Kerman Community Center. The interview panel consisted of Director Theresa Johnson, Administrative Assistant Arlene Villarreal, City Manager John Jansons, and Parks and Recreation Commission Chairperson Lora Nehring.

At the conclusion of the interviews, it was evident that els Architecture and Urban Design was the top firm to proceed with for this project. With 10 years+ experience in design, community engagement, and operational strategies, the firm demonstrated the ability to develop a cohesive project that will serve the multi-generational needs of Kerman, both in daily life and in times of crisis. els’s relevant experience with community center projects that focused on resiliency strategies includes the Millbrae Community Center, East Oakland Community Center, Gilroy Civic Master Plan, Cesar Chavez Community Center, Pleasanton Firehouse Arts Center, YMCA Design Services, Berkley High School Joint Community Center, Emergency Interim Housing, Orange Memorial Community Recreation Center, Tice Creek Senior Recreation Center and the Veterans Memorial Senior and Community Center, which upon completion in 2025 will serve as a multi-generational center and emergency shelter with a strong focus on resilient strategies.

Company Score Company Score
1 els Architecture and
Urban Design 86
10 Shah Kawasaki Architects 76
2 Sera Design and
Architecture, Inc. 85
11 NJA Architecture 76
3 The Taylor Group
Architects 83
12 Indigo Hammond + Playle
Architects, LLP 76
4 Paul Halajian Architects 81
13 Lionakis 72
5 WMB Architects 81
14 Hedron 72
6 LDA Partners Designers
& Architects 81
15 Entero Architects 67
7 PBK 78
16 Salazar Architect 65
8 Studio Pear 77
17 Klassen & Smith 62
9 SVA Architects, Inc. 77
18 Integrated Designs by
SOMAM, Inc 57
202
Section 7, Item B.

The proposed fee submitted by the top three is as follows.

Els Architecture & Urban Design $1,228,752
Sera Design and Architecture, Inc. $1,434,560
The Taylor Group Architects $1,143,000
While els had the highest score, they ranked second with their proposed fee. However, due to their experience and relevant knowledge with multi-generational resiliency projects, staff remain confident in recommending els Architecture & Urban Design for the Kerman Aera MultiGenerational Resiliency Center project.

FISCAL IMPACT:

The City can fund the architecture services with funds secured through the recent sale of Lease Revenue Bonds.

ATTACHMENTS:

A. Resolution w/Exhibits
203
Section 7, Item B.

Attachment ‘A’
RESOLUTION NO. 25-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING KERMAN AREA

MULTI-GENERATIONAL RESILIENCY CENTER ARCHITECTURAL DESIGN SERVICES AGREEMENT WITH els ARCHITECTURE & URBAN DESIGN REGARDING THE KERMAN AREA MULTIGENERATIONAL RESISLENCY CENTER LOCATED AT 15101 W. KEARNEY BLVD.

WHEREAS, the invitation to submit proposals for architectural services for design work, construction drawings, and bid documents for the Kerman Area Multi-Generational Community Resiliency Center was published in the Kerman News on May 21, 2025, and posted to the City of Kerman website Bids/RFP/RFQ subscription page; and
WHEREAS, the project will design a 15,400 square foot addition to the existing 11,618 square feet Kerman Community Center to create the Kerman Area Multi-Generational Resiliency Center, located at 15101 West Kearney Boulevard, Kerman; and WHEREAS, 18 proposals were received on Wednesday, June 25, 2025, at 4:00 pm, and three advanced to the final interview phase; and
WHEREAS, els Architecture & Urban Design has presented a proposal that is responsive to the specific needs of the City and is uniquely qualified, with experience in multi-generational and resiliency center projects; and
WHEREAS, the City thoroughly reviewed all the proposals and now recommends approval of an agreement with els Architecture & Urban Design.

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

SECTION 1. The above recitals are true and correct and incorporated by reference.

SECTION 2. The City Council approves the Kerman Area Multi-Generational Resiliency Center Architectural Design Services Agreement attached hereto as Exhibit ‘A’ and incorporated by reference.

SECTION 3. The City Manager is authorized to sign the Agreement on behalf of the City of Kerman.

SECTION 4. This resolution is effective upon its adoption. 204
Section 7, Item B.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regular meeting held on the 22nd day of October 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.
_________________________
Maria Pacheco
Mayor
ATTEST:
__________________________
Josie Camacho
City Clerk
205
Section 7, Item B.

Exhibit ‘A’
1 AGREEMENT FOR KERMAN AREA MULTI-GENERATIONAL RESILIENCY CENTER

ARCHITECTURAL DESIGN SERVICES BETWEEN

THE CITY OF KERMAN AND ELS ACHITECTURE AND URBAN DESIGN This Agreement for Kerman Area Multi-Generational Resiliency Center Architectural Design Services (“Agreement”) is made and entered into by and between the City of Kerman, a California municipal corporation (hereinafter referred to as “CITY”) and els Architecture and Urban Design (hereinafter referred to as “CONSULTANT”).

RECITALS
WHEREAS, CITY seeks a qualified consultant to provide Architectural Design Services for the Kerman Area Multi-Generational Resiliency Center.

WHEREAS, CITY has engaged in a competitive Requests for Proposals process.

WHEREAS, CONSULTANT warrants that it is specially trained, experienced, expert, and competent to perform such services and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement.

WHEREAS, the CITY desires to have CONSULTANT perform services described in this Agreement and CONSULTANT desires to perform those services.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals which are part of this Agreement and the terms and conditions hereinafter contained, it is mutually agreed as follows:

1. Scope of Services. CONSULTANT shall perform to the satisfaction of CITY, services as requested by CITY as specifically set forth in Exhibit “A”, which is attached hereto and hereafter referred as the “Kerman Area Multi-Generational Resiliency Center Scope of Work”

2. Term of Agreement. This Agreement shall be effective from October 22, 2025 to June 30, 2027 subject to any earlier termination in accordance with this Agreement.

3. Compensation. CONSULTANT’S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be at the rate and schedules attached hereto as Exhibit “B” and shall not exceed $1,228,725.00.

4. Termination.
a) Termination for Convenience. Either party may terminate this Agreement at any time by giving notice of such termination (including the effective termination 206
Section 7, Item B.

Exhibit ‘A’
2 date) at least thirty (30) calendar days before the effective date of such termination.
b) Termination for Cause. If for any cause either party fails to fulfill in a timely and proper manner its obligations under this Agreement (the “breaching party”), the other party (the “terminating party”) shall have the right to terminate the Agreement by giving not less than five (5) working days’ written notice to the breaching party of the intent to terminate and specifying the effective date thereof. The terminating party shall, however, provide the breaching party with a detailed statement of the grounds for termination. This statement shall include, as appropriate, references to specific provisions of this Agreement, dates, dollar amounts and other information relevant to the decision to terminate for cause. c) In the event of termination, all finished or unfinished documents, reports, or other materials prepared by CONSULTANT under this Agreement shall become CITY’s property. CONSULTANT shall be entitled to receive compensation for all satisfactory work completed prior to the effective date of termination. d) This Agreement shall terminate without any liability of CITY to CONSULTANT upon:
(i) CONSULTANT’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against CONSULTANT; or (ii) CITY’s non-appropriation of funds sufficient to meet its obligations hereunder during any CITY fiscal year of this Agreement. e) Immediately upon any termination of this Agreement, CONSULTANT shall: (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to CITY any and all unearned payments and all properties and materials in the possession of CONSULTANT that are owned by CITY. Subject to the terms of this Agreement, CONSULTANT shall be paid compensation for services satisfactorily performed prior to the effective date of termination. CONSULTANT shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. f) Upon any termination of the Agreement, CITY may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic, and incidental damages for the breach of the Agreement. If it is determined that CITY improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience.
g)
h) Notice of termination shall be mailed as follows:
207
Section 7, Item B.

Exhibit ‘A’
3 CITY:

City of Kerman
850 S. Madera Avenue
Kerman, CA 93630
CONSULTANT:
els Architecture and Urban Design
2040 Addison Street
Berkley, CA 94704

5. Indemnification. To the furthest extent allowed by law, CONSULTANT agrees to indemnify, hold harmless, and defend, City and each of its officers, officials, employees, agents, and volunteers from and against all claims, demands, costs, or liability, and expenses including attorney’s fees arising out of the performance of the work described in this Agreement, caused in whole or in part by the sole negligence, recklessness, or willful misconduct of CONSULTANT, its principals, officers, employees, agents, or volunteers in the performance of this Agreement or anyone for whose acts any of them may be liable excluding, however, such claims, demands, loss, damages, or arising from City’s sole negligence or willful acts.

6. Insurance.
a) Throughout the life of this Agreement, CONSULTANT shall pay for and maintain in full force and effect all insurance as required in Exhibit “C” or as may be authorized, and any additional insurance as may be required, in writing by City Manager or his or her designee at any time and in her sole discretion.
b) If at any time during the life of the Agreement or any extension, CONSULTANT or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to CONSULTANT shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve CONSULTANT of its responsibilities under this Agreement. This phrase “fail to maintain any required insurance” shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent.

7. Nondiscrimination. To the extent required by controlling federal, state, and local law, CONSULTANT shall not employ discriminatory practices in the provision of services, 208
Section 7, Item B.

Exhibit ‘A’
4 employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran, or veteran of the Vietnam era.

8. Independent Contractor.
a) In the furnishing of the services provided for herein, CONSULTANT is acting solely as an independent contractor. Neither CONSULTANT, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venture, partner, or associate of CITY for any purpose. CITY shall have no right to control or supervise or direct the manner or method by which CONSULTANT shall perform its work and functions. However, CITY shall retain the right to administer this Agreement so as to verify that CONSULTANT is performing its obligations in accordance with the terms and conditions thereof.
b) Because of its status as an independent contractor, CONSULTANT and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to CITY employees. CONSULTANT shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare, and retirement benefits. In addition, together with its other obligations under this Agreement, CONSULTANT shall be solely responsible, indemnify, defend, and save CITY harmless from all matters relating to employment and tax withholding for and payment of CONSULTANT’S employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in CITY employment benefits, entitlements, programs and/or funds offered employees of CITY whether arising by reason of any common law, de facto, leased, or coemployee rights or other theory. It is acknowledged that during the term of this Agreement, CONSULTANT may be providing services to others unrelated to CITY or to this Agreement.

9. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party which notice is to be given at the party’s address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of mailing thereof.

10. Assignment. This Agreement is personal to CONSULTANT and there shall be no 209
Section 7, Item B.

Exhibit ‘A’
5 assignment by CONSULTANT of its rights of obligations under this Agreement without the prior written approval of the City Manager or her designee.

11. Compliance with Law. In providing the services required under this Agreement, CONSULTANT shall at all times comply with all applicable laws of the United States, the State of California, and CITY, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.

12. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.

13. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California.

14. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify, or add to the interpretation or meaning of the provisions of this Agreement.

15. Severability. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions.

16. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning.

17. Attorneys’ Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant, or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorneys’ fees and legal expenses.

18. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement.

19. Precedence of Documents. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this 210
Section 7, Item B.

Exhibit ‘A’
6 Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, and shall be null and void.

20. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.

21. No Third-Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary n this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties.

IN WITNESS WHEREOF, the parties have executed this Architectural Design Services Agreement as follows:

CITY OF KERMAN
A municipal corporation
______________________
John Jansons, City Manager
Date: October __, 2025
els Architecture and Urban Design
_________________________
Kim-Van Truong, President/CEO
Date: October __, 2025
ATTEST:
_____________________
Josie Camacho, City Clerk
Date: October __, 2025

APPROVED AS TO FORM
_____________________
Hilda Cantu Montoy, City Attorney
Date: ________________
211
Section 7, Item B.

June 25, 2025
Ms. Theresa Johnson, CPRP, Community Services Director
City of Kerman
[email protected]
Ms. Josie Camacho
City Clerk
City of Kerman
850 S. Medera Avenue
Kerman, CA 93630
Subject: Cost Proposal for Architectural Design Services for Kerman Area Multi-Generational Community Resiliency Center
Dear Ms. Johnson, Ms. Camacho, and the Selection Committee, ELS Architecture and Urban Design (ELS) is pleased to propose this fee for professional services for the Kerman Area Multi-Generational Community Resiliency Center (KAMGCRC). This proposal includes our assumptions; our lump sum, not-to-exceed fee amount; our description of reimbursable expenses; our list of potential additional services; and our list of exclusions and provisions.

ASSUMPTIONS

PROJECT SCOPE
As stated in the RFP, release dated May 14, 2025, and as further described in Addendum 1, dated June 12, 2025, and Addendum 2, dated June 17, 2025.

PROJECT BUDGET
$16.383MM

DESIGN SCHEDULE
As proposed in our response to the RFP.

CONSULTANT TEAM
As proposed in our response to the RFP.

PROFESSIONAL DESIGN FEES
We are proposing a Lump Sum Not-to-Exceed Fee, to be invoiced monthly, on a percentagecomplete basis. Our lump sum amount is $1,228,725.00 (ONE MILLION, TWO HUNDRED, TWENTYEIGHT THOUSAND, SEVEN HUNDRED AND TWENTY-FIVE DOLLARS AND ZERO CENTS).

Reimbursable expenses are in addition to our Lump Sum Fee. Our fee is broken as follows.

Exhibit 'B'
212
Section 7, Item B.

Ms. Theresa Johnson and Ms. Josie Camacho
June 25, 2025

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Kerman City CouncilOctober 22, 2025

Kerman City Council
October 22, 2025