Modifications for FY20/21 eliminating the High Efficiency Nozzle and Rain Barrel rebates, and moving those funds into a Commercial Turf Replacement Rebate Program, were approved on April 6, 2020 by the Economic Development Committee.
DISCUSSION:
The City’s Water Conservation Program is focused on encouraging customers to use water responsibly and eliminating water waste.
In accordance with newly adopted state legislation SB 606 and AB 1668, the State is mandating water agencies to set and meet new urban efficiency standards for indoor use, outdoor use and water lost due to leaks. These new regulations will be put into effect November of 2023.
The City’s Water Conservation Program is working to encourage the reduction of water usage by its customers through incentive programs in order to meet these state mandates. Rebate incentives are offered to customers who pay a water utility bill to the City. To be approved for the water rebates, customers must meet the requirements outlined on the individual rebate applications which can be found on the City’s website.
Based on rebate trends, increased program utilization and water savings over the last few years, staff recommends increasing funds to the Drip Irrigation Program, High Efficiency Washing Machine Program, and the Residential and Commercial Turf Replacement Programs for a total of $285,000, as outlined in the table below.
Table 1. Water Conservation: Proposed Rebate Program Modifications to Funds FY 22/23 #28..
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City Council, September 13, 2022
Water Conservation Rebate Program Modifications for FY 22/23
FISCAL IMPACT:
The Water Conservation Rebate Program is funded through the FY 22/23 Water Fund Operating Budget in the following accounts:
4100-45065-53002 Drip Irrigation Rebate Program
4100-45065-53005 Toilet Rebate Program Expenses
4100-45065-53006 Washing Machine Rebate Program
4100-45065-53007 Residential Turf Replacement Rebate Program 4100-45065-53008 Smart Irrigation Controllers Rebate Program 4100-45065-53011 Commercial Turf Replacement Rebate Program COMMITTEE RECOMMENDATION:
This item was considered by the Finance Committee at the August 22, 2022, meeting where it was recommended that it be forwarded to Council.
RECOMMENDED COUNCIL ACTION
Resolution approving Water Conservation Rebate Program Modifications for Fiscal Year (FY) 22/23 to increase the funds budgeted for rebates by $285,000 from $430,000 to $715,000.
Resolution amending the Fiscal Year (FY) 22/23 Water Operating Budget in the amount of $285,000 to be transferred from Water reserves and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.
Approved by:
William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:
1. RESO_Water Conservation Rebate Program Modifications
2. RESO_Fiscal Resolution to Amend FY 22/23 Operating Budget #28..
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-?
RESOLUTION APPROVING WATER CONSERVATION REBATE PROGRAM
MODIFICATIONS FOR FY 22/23 TO INCREASE THE FUNDS BUDGETED FOR REBATES BY $285,000 FROM $430,000 TO $715,000
WHEREAS, previous droughts across California put water conservation into focus and resulted in state water agencies mandating reduction in water use by urban systems. Water conservation has become increasingly important in maintaining and protecting this resource to ensure the availability of safe drinking water to our communities for generations to come; and
WHEREAS, the City of Modesto’s Water Conservation Program is focused on educating our customers and encouraging them to use water responsibly and eliminate water waste; and
WHEREAS, for several years, the City has been proactively educating customers about water use through increased advertising, providing information and educational materials at public events, and funding rebate incentives. Initially the rebate program included the High Efficiency Toilet and Washing Machine Rebates; and WHEREAS, in 2015, the Residential Turf Replacement program was added, followed in 2016 by the Smart Irrigation Controller and Drip Irrigation Programs; and WHEREAS, Water Rebate Program Modifications for FY 20/21 eliminated High Efficiency Nozzle and Rain Barrel rebates, and moved those funds into the Commercial Turf Rebate Program; and
WHEREAS, in accordance with newly adopted state legislation SB 606 and AB 1668, the state is mandating water agencies to set and meet new urban efficiency standards for indoor use, outdoor use and water lost due to leaks; and #28..
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WHEREAS, these new regulations will be put into effect in November 2023; and WHEREAS, based on rebate trends, increased program utilization and water savings over the last few years, staff recommends increasing funds to the Drip Irrigation Program, High Efficiency Washing Machine Program, and the Residential and Commercial Turf Rebate Programs for a total increase of $285,000.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves increasing the Water Conservation Rebate Program Modifications for FY 22/23 by $285,000 from $430,000 to $715,000.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of September, 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
Attest:
DIANE NAYARES-PERES, CMC,
City Clerk
APPROVED AS TO FORM:
BY:
JOSE M. SANCHEZ, City Attorney
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION AMENDING THE FISCAL YEAR 2022-23 WATER OPERATING BUDGET IN THE AMOUNT OF $285,000 TO BE TRANSFERRED FROM
WATER RESERVES AND AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO IMPLEMENT THE PROVISIONS OF THE RESOLUTION WHEREAS, certain budgetary transactions are necessary in the amount of $285,000, in order to fully fund the increase in the rebate program; and WHEREAS, the Fiscal Year 2022-2023 Water Operating Budget must be amended.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendment of the Fiscal Year 2022-2023 Water Operating Budget in the amount of $285,000, to be transferred from Water Reserves.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #28..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of September 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST:
DIANE NAYARES-PERES, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
September 13, 2022
Date: August 11, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Proposed Amendment No. 13 to the Kiernan Business Park Specific Plan CONTACT: Katharine Martin, Senior Planner, [email protected], (209) 577-5267 DESCRIPTION:
Hearing to consider a proposed amendment to the land use diagram of the Kiernan Business Park Specific Plan to amend 12.8 acres from Business Park to Mixed Uses (MU), property located at 2731 and 2931 Bangs Avenue, east of Dale Road. (Funding Source: Developer Funded)
STRATEGIC PLAN ELEMENT:
The proposed Specific Plan Amendment is consistent with the City Council 2020-2025 Strategic Plan, Goal E Drive Economic Vitality by allowing for flexible use of acreage within the Kiernan Business Park Specific Plan for mixed uses including a variety of commercial, service and office uses.
BACKGROUND:
The 614-acre Kiernan Business Park Specific Plan is located in northwest Modesto generally north of Pelandale Avenue and east of State Route-99, and was adopted in April 1997 to allow for employment-intensive office, research and development, and nonnuisance light industrial uses. Since adoption, the Specific Plan has been amended a total of 12 times, most notably in 2004 to allow for the 49-acre Kaiser Modesto Medical Center at Dale Road and Healthcare Way and in 2008 to allow for 40 acres of Mixed Use allowing retail, office, and Medium-High Density Residential uses east of Dale Road opposite of the medical center. Recent notable amendments occurred in September 2021 to allow for a combination of business park and multi-family residential uses in a new Mixed Use 2 designation on 22 acres on Healthcare Way west of Dale Road, and April 2022 to introduce the new Mixed Use 3 designation to allow for multi-family residential development or Mixed Uses on 67 acres north of Pelandale Avenue and east of Dale Road.
Recent new development has occurred along Healthcare Way on the east side of Dale Road introducing new retail, office and service uses primarily along the Dale Road #29..
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City Council, September 13, 2022
Proposed Amendment No. 13 to the Kiernan Business Park Specific Plan
corridor, new multi-family residential developments east of Dale Road (100 units completed in 2019 and another 206 units under construction), new senior housing development, and two new hotels (one constructed in 2016 and another currently in the early stages of construction).
Driven primarily by the Kaiser Modesto Medical Center and established commercial and medical office uses in proximity to the area, developer interest has been higher-density residential development and commercial uses, including hospitality and restaurant uses.
On April 7, 2022, Benchmark Engineering submitted an application to amend the land use diagram of the Kiernan Business Park Specific Plan to change the land use designation of an 11.8-acre parcel located on Bangs Avenue east of Dale Road from Business Park (BP) to Mixed Use (MU). In order to create continuity with the land use designation in the area, a 1-acre lot on the west side of the original parcel to the proposal is included in the specific plan amendment. This lot is owned by Martin and Vicky David. The owners have been contacted and are supportive of the change, as long as they are able continue to live onsite, which staff has confirmed. #29..
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City Council, September 13, 2022
Proposed Amendment No. 13 to the Kiernan Business Park Specific Plan
DISCUSSION:
Specific Plan Amendment: The applicant plans to develop retail uses in the northwest portion of the site which would be compatible with the recently developed retail uses to the west and the Mixed-Use designation to the north, which allows both retail and office development. The planned office development would be consistent with Mixed Use designations to the north and south and Business Park designation to the east where office use is allowed.
If approved, new development would be subject to the Development Plan Review or Conditional Use Permit process as required by the Kiernan Business Park Specific Plan, depending on the proposed use as permitted in Section III-B of the Specific Plan, and also be subject to the development and design standards of the Specific Plan.
Traffic Impact: The traffic analysis prepared for this project concluded that proposed Mixed Uses would be expected to generate fewer vehicle trips than the approved Business Park designation. As a result, the traffic operational effects of the project would be similar or less than those previously identified for the approved business park uses. #29..
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City Council, September 13, 2022
Proposed Amendment No. 13 to the Kiernan Business Park Specific Plan
FISCAL IMPACT:
The project is developer funded; therefore, there will not be a direct impact to the General Fund.
All applicable fees will be levied at the time of development.
COMMITTEE RECOMMENDATION:
This matter comes to the Council from the Planning Commission. The Planning Commission heard the item at its regularly scheduled meeting of August 1, 2022, and recommended City Council approval.
CEQA/NEPA REQUIREMENTS:
A Negative Declaration was prepared for this project, which references and uses information from the 2019 Urban Area General Plan Master EIR. The Initial Study, Environmental Assessment No. EA/C&ED 2022-6, analyzed the potential environmental effects of the proposed amendments and determined that, on the basis of the whole record before it, that there is no substantial evidence that the amendments will have a significant effect on the environment, and that a Negative Declaration be adopted.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving Specific Plan Amendment No. 13 to the Kiernan Business Park Specific Plan to change the land use designation of 12.8 acres from Business Park (BP) to Mixed Uses (MU), property located at 2731 and 2931 Bangs Avenue.
Approved by:
Jaylen French,
Director of Community and Economic Development
Joseph P. Lopez, City Manager
Attachments:
1. Resolution to Amend Kiernan Business Park Specific Plan a. Exhibit A: Amendment No. 13 to Kiernan Business Park Specific Plan
2. Initial Study EA/C&ED No. 2022-18
3. Planning Commission Resolution No. 2022-19, August 1, 2022
4. Planning Commission Minutes, August 1, 2022
5. Planning Commission Staff Report, August 1, 2022
6. Planning Commission Pertinent Parties, August 1, 2022
7. Financial Interest Disclosure Form
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September 13, 2022/C&EDD/Katharine Martin 1 2022-
MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION APPROVING SPECIFIC PLAN AMENDMENT NO. 13 TO
THE KIERNAN BUSINESS PARK SPECIFIC PLAN TO CHANGE THE LAND USE DESIGNATION OF 12.8 ACRES FROM BUSINESS PARK (BP) TO MIXED USES, PROPERTY LOCATED AT 2731 AND 2931 BANGS AVENUE
(BENCHMARK ENGINEERING)
WHEREAS, on April 1, 1997, the City Council by Resolution No. 97-159, adopted the Kiernan Business Park Specific Plan; and
WHEREAS, Government Code Section 65453 permits the amendment of Specific Plans as often as deemed necessary by the legislative body; and WHEREAS, on November 4, 1997, the City Council by Resolution No. 97-631 adopted Amendment No. 1 to the Kiernan Business Park Specific Plan to add language to allow for changes in utility service providers; and
WHEREAS, on April 7, 1998, the City Council by Resolution No. 98-170 adopted Amendment No. 2 to the Kiernan Business Park Specific Plan to add language to permit indoor theaters in the Regional Commercial Designation within a Planned Development Zone; and
WHEREAS, on August 10, 2004, the City Council by Resolution No. 2004-424 adopted Amendment No. 3 to modify the land use and circulation diagrams and development standards for the Kaiser Medical Center site, to revise the planned street system in the future business park, and to incorporate design standards into the Specific Plan; and
WHEREAS, on September 1, 2009, the City Council by Resolution No. 2009-420 adopted Amendment No. 4 to re-designate 39 acres located on the east side of Dale Road #29..
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September 13, 2022/C&EDD/Katharine Martin 2 2022-
between Kiernan Avenue and Bangs Avenue from Business Park (BP) to Mixed Use (MU) and Medium-High Density Residential (MHDR), to modify the circulation plans, incorporate MU and MHDR design standards and guidelines, and establish facilities plans for the area bounded by Kiernan Avenue, Dale Road, Bangs Avenue, and American Avenue; and
WHEREAS, on December 15, 2015, the City Council by Resolution No. 2015- 499 adopted Amendment No. 5 to amend the storm drain provisions and to clarify and simplify land use and development standard regulations for the Specific Plan; and WHEREAS, on May 2, 2017, the City Council by Resolution No. 2017-171 adopted Amendment No. 6 to amend the definition of allowable and conditional uses in the Business Park land use designation of the Specific Plan, particularly regarding ancillary retail uses; and
WHEREAS, on May 1, 2018, the City Council by Resolution No. 2018-166 adopted Amendment No. 7 to change the land use designation of 2.8 acres located on Pelandale Avenue east of Chapman Road from Office (O) uses to Regional Commercial (RC) uses; and
WHEREAS, on October 5, 2018, the Director of Community and Economic Development approved Amendment No. 8 to the Specific Plan, a minor administrative amendment as provided by Section IX-B.1.a of the Specific Plan, to allow for development of up to 33 additional dwelling units within the Mixed Use (MU) land use designation; and
WHEREAS, on December 18, 2018, the Director of Community and Economic Development approved Amendment No. 9 to the Specific Plan, a minor administrative #29..
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September 13, 2022/C&EDD/Katharine Martin 3 2022-
amendment as provided by Section IX-B.1.a of the Specific Plan, to amend the Circulation Plan of the Specific Plan relative to the alignment of Healthcare Way west of Dale Road and the Kaiser Modesto Medical Center; and
WHEREAS, on February 9, 2021 the City Council by Resolution No. 2021-45 approved Amendment No. 10 to the Specific Plan, to change the land use designation of
22.9 acres located on the north side of Healthcare Way west of Dale Road from Business Park (BP) to the new land use designation of Mixed Use 2 (MU2) to allow for Business Park uses or Medium High Density Residential uses to a maximum of 550 dwelling units or a mixture of the two uses; and
WHEREAS, on August 4, 2021 the City Council by Resolution No. 2021-308 approved Amendment No. 11 to the Specific Plan, to change the land use designation of
3.5 acres from Business Park (BP) to Mixed Uses (MU), property located at the northeast corner of Bangs Avenue and Dale Road; and
WHEREAS, on April 12, 2022 the City Council by Resolution No. 2022-19 approved Amendment No. 12 to the Specific Plan, to change the land use designation of 67 acres located north of Pelandale Avenue and east of Dale Road from Business Park (BP) to the new land use designation of Mixed Use 3 (MU3), and to change the designation of Bangs Avenue from four-lane major collector street to two-lane minor collector street in the Circulation Plan of the Specific Plan; and WHEREAS, Benchmark Engineering has filed an application to amend the Kiernan Business Park Specific Plan to change the land use designation of 11.8 acres located on the north side of Bangs Avenue east of Dale Road from Business Park (BP) to Mixed Uses (MU); and
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September 13, 2022/C&EDD/Katharine Martin 4 2022-
WHEREAS, the City has added a one-acre property adjacent to the proposed location to provide continuity with the resulting amendment; and WHEREAS, on April 20, 2022 the proposed Specific Plan Amendment was referred to the Stanislaus and Modesto School Districts, Modesto Irrigation District, Local Agency Formation Commission, County Planning and Community Development, and the Environmental Resources Director, for a 45-day referral period in accordance with Government Code sections 65453 and 65352; and
WHEREAS, the City of Modesto prepared an Initial Study, Environmental Assessment No. EA/C&ED 2022-18, which concludes that no major revisions to the previously-certified Kiernan Business Park Specific Plan Amendment #4 Program EIR (SCH No. 2007062071) are needed as a result of the project, and that, pursuant to Sections 15162 and 15164 of the CEQA Guidelines, no new environmental review is required; and
WHEREAS, on August 1, 2022, at 6:00 p.m. the Planning Commission held a duly noticed public hearing in the Tenth Street Place Chambers located at 1010 Tenth Street, Modesto, California, at which hearing evidence both oral and documentary was received and considered concerning the proposed amendment to the Kiernan Business Park Specific Plan; and
WHEREAS, after said public hearing, the Modesto City Planning Commission by Resolution No. 2022-19, recommended to the City Council approval of an amendment to the Kiernan Business Park Specific Plan to change the land use designation of 12.8 acres located on the north side of Bangs Avenue east of Dale Road from Business Park (BP) to Mixed Uses (MU); and
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September 13, 2022/C&EDD/Katharine Martin 5 2022-
WHEREAS, said matter was set for a public hearing of the City Council to be held on September 13, 2022, in the Tenth Street Place Chambers located at 1010 Tenth Street, Modesto, California, at which date and time said duly noticed public hearing was held.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby finds and determines as follows:
1. The proposed Amendment No. 13 to the Kiernan Business Park Specific Plan, to change the land use designation of 12.8 acres, located at the north side of Bangs Avenue east of Dale Road, from Business Park (BP) uses to Mixed Uses (MU) would be consistent with the Modesto Urban Area General Plan because the amendment would result in a mix of commercial and offices uses consistent with the General Plan’s Business Park designation of the site.
2. The proposed amendments would be in conformance with the Specific Plan’s polices and standards because any future development as a result of the amendments would be required to adhere to the development standards and design guidelines of the Specific Plan.
3. The proposed amendment would allow for Mixed Uses that would be compatible with existing commercial, office and service uses that are in near proximity to the amendment area.
4. Future development as a result of the proposed amendment would have negligible visual impact both on-site and on-site with application of the development standards and design guidelines of the Specific Plan, would have less than significant traffic impact than if the area were to develop with Business Park uses, and would be consistent with the adopted Facilities Master Plan and Infrastructure Financing Plan.
5. An Initial Study, Environmental Assessment No. EA/C&ED No. 2022-18, was prepared by the City of Modesto that analyzed the proposed amendment and concluded that no major revisions to the previouslycertified Kiernan Business Park Specific Plan Amendment #4 Program EIR (SCH No. 2007062071) are needed as a result of the project, and that, pursuant to Section 15162 and 15164 of the CEQA Guidelines, no new environmental review is required.
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September 13, 2022/C&EDD/Katharine Martin 6 2022-
BE IT FURTHER RESOLVED by the Council of the City of Modesto that the Kiernan Business Park Specific Plan is hereby amended to change the land use designation of 12.8 acres located on the north side of Bangs Avenue and east of Dale Road from Business Park (BP) to Mixed Uses (MU), as shown on Exhibit "A" attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that the property owner and developer shall, at their sole expense, defend, indemnify and hold harmless the City of Modesto, its agents, officers, directors and employees, from and against all claims, actions, damages, losses, or expenses of every type and description, including but not limited to payment of attorneys’ fees and costs, by reason of, or arising out of, this development approval. The obligation to defend, indemnify and hold harmless shall include but is not limited to any action to arbitrate, attack, review, set aside, void or annul this development approval on any grounds whatsoever. The City of Modesto shall promptly notify the developer of any such claim, action, or proceeding.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of September, 2022, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: ____________________________
DIANE NAYARES-PEREZ, City Clerk
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September 13, 2022/C&EDD/Katharine Martin 7 2022-
(SEAL)
APPROVED AS TO FORM:
BY: ______________________________________
JOSE M. SANCHEZ, City Attorney
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September 13, 2022/C&EDD/Katharine Martin 8 2022-
Exhibit A
Amendment No. 12 to the Kiernan Business Park Specific Plan #29..
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Kiernan Business Park Specific Plan
Section III Specific Plan Elements Page 2
Figure III-1: Land Use Plan Diagram
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Kiernan Business Park Specific Plan
Section III Specific Plan Elements Page 3
The Land Use Summary of Kiernan Business Park is summarized below in Table III-1.
Development Area Approximate
Gross Acres
Maximum
Density Allowed(sf)1
Dwelling
Unit
Max
Business Park Area (BP)
Phase I 97.0 1,689,380 sf n/a
Phase II 250.0 4,110,244 sf n/a
Subtotal 347.0 5,799,624 sf n/a
Office Area (O)
Phase I 12.0 171,852 sf n/a
Phase II 0 n/a
Subtotal 12.0 171,852 sf n/a
Regional Commercial Area (RC)
Phase I 60.0 996,315 sf n/a
Phase II 0 n/a
Subtotal 60.0 996.315 sf n/a
Medical Campus (MC)
Phase I 49.0 1,425,000 sf n/a
Phase II 0 n/a
Subtotal 49.0 1,425,000 sf n/a
Medium High Density
Residential (MHDR) Area
Phase I 16.0 400,000gsf2. 262 units3
Phase II 0 0 0
Subtotal 16.0 400,000gsf. 262 units
Table III-1: Kiernan Business Park – Maximum Buildout Land Use Scenario Summary for Phase 1 (area east of Dale Road) and Phase II (area west of Dale Road)
1 Source: City of Modesto Initial Study Environmental Checklist, June 2007 and A.C.
Martin Partners Inc., 2006
2 Gross square footage does not include garage area.
3 Since senior housing generates only 51% of the trips of conventional multi-family housing, up to 500 dwelling units of senior housing may be allowed in lieu of or in combination with conventional multi-family housing, as long as the equivalent number of dwelling units does not exceed 262 units.
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Kiernan Business Park Specific Plan
Section III Specific Plan Elements Page 4
Table III-1 (Continued from Page 3)
Development Area Approximate
Gross Acres
Maximum
Density Allowed(sf)1
Dwelling
Unit
Max
Mixed Use (MU) Area
Phase I 40.0 400,000 gsf n/a
(Hotel and Hospitality) 170,000 gsf
(Residential) 113,000 gsf2 113
Phase II 0 0 0
Subtotal 40.0 683,000 gsf 113 units
Mixed Use 2 (MU2
Area3 Phase II
BP Scenario Maximums
23.0 Included in Business
Park Area (BP) Phase
II above
n/a
MHDR Scenario Maximums 23.0 550,000 gsf (MHDR) 550 units Subtotal 23.0 550,000 gsf (if
MHDR)
550 units
(if MHDR)
Mixed Use 3 (MU3)
Area4 Phase I
MU Scenario Maximums
67.0 Included in Mixed
Use Area (MU)Phase I
above
MHDR Scenario Maximums 67.0 15 du/ac min
16 du/ac max
1012 units
(if MHDR)
Subtotal 67.0 1012
Total 614.0 19375
units
Table III-1: Kiernan Business Park – Maximum Buildout Land Use Scenario Summary for Phase 1 (area east of Dale Road) and Phase II (area west of Dale Road)
1 Source: City of Modesto Initial Study Environmental Checklist, June 2007 and A.C. Martin Partners Inc., 2006
2 Residential GSF in the Mixed Use (MU) Area does not include support square footage for areas such as corridors, lobbies, janitorial spaces, and any common areas such as a TV lounge of business center.
3.MU2 can develop as either BP or MHDR, or a combination, so maximums show in each scenario are not cumulative and should not be counted as such in subtotals or totals. 4 MU3 can develop as either MU or MHDR, or a combination, to a minimum density of 15 units per acre and a maximum density of 16 units per acre.
5 Dwelling Unit Maximum of 1937 if MU2 develops at 550 units and MU3 develops at 1012 units.
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CORRECTED FOR CLERICAL ERROR
SPA-22-002
PLANNING COMMISSION
RESOLUTION NO. 2022-19
A RESOLUTION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SPECIFIC PLAN AMENDMENT NO. 13 TO THE KIERNAN BUSINESS PARK SPECIFIC PLAN TO REDESIGNATE 12.8 ACRES OF LAND FROM BUSINESS PARK TO MIXED USE, PROPERTY LOCATED AT 2931 AND 2731 BANGS
AVENUE (BENCHMARK ENGINEERING)
WHEREAS, Government Code Section 65450 et. seq. permits cities and counties to adopt specific plans for the systematic implementation of the General Plan and to provide for a greater level of detail in planning sites or areas of special interest or value; and
WHEREAS, on April 1, 1997 the City Council by Resolution No. 97-159 adopted the Kiernan Business Park Specific Plan; and
WHEREAS, Government Code Section 65453 permits the amendment of specific plans as often as deemed necessary by the legislative body; and WHEREAS, on November 4, 1997, the City Council by Resolution No. 97-631 adopted Amendment No. 1 to the Kiernan Business Park Specific Plan to add language to allow for changes in utility service providers; and
WHEREAS, on April 7, 1998, the City Council by Resolution No. 98-170 adopted Amendment No. 2 to the Kiernan Business Park Specific Plan to add language to permit indoor theaters in the Regional Commercial Designation within a Planned Development Zone; and
WHEREAS, on August 10, 2004, the City Council by Resolution No. 2004-424 adopted Amendment No. 3 to modify the land use and circulation diagrams and development standards for the Kaiser Medical Center site, to revise the planned street system in the future business park, and to incorporate design standards into the Specific Plan; and
WHEREAS, on September 1, 2009, the City Council by Resolution No. 2009-420 adopted Amendment No. 4 to re-designate 39 acres located on the east side of Dale Road between Kiernan Avenue and Bangs Avenue from Business Park (BP) to Mixed Use (MU) and Medium-High Density Residential (MHDR), to modify the circulation plans, incorporate MU and MHDR design standards and guidelines, and establish facilities plans for the area bounded by Kiernan Avenue, Dale Road, Bangs Avenue, and American Avenue; and
WHEREAS, on May 1, 2018, the City Council by Resolution No. 2018-166 adopted Amendment No. 7 to change the land use designation of 2.8 acres located on Pelandale Avenue east of Chapman Road from Office (O) uses to Regional Commercial (RC) uses; and
WHEREAS, on October 5, 2018, the Director of Community and Economic Development approved Amendment No. 8 to the Specific Plan, a minor administrative amendment as provided by Section IX-B.1.a of the Specific Plan, to allow for #29..
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Res. No. 2022-19 Page 2
SPA-22-002
development of up to 33 additional dwelling units within the Mixed Use (MU) land use designation; and
WHEREAS, on December 18, 2018, the Director of Community and Economic Development approved Amendment No. 9 to the Specific Plan, a minor administrative amendment as provided by Section IX-B.1.a of the Specific Plan, to amend the Circulation Plan of the Specific Plan relative to the alignment of Healthcare Way west of Dale Road and the Kaiser Modesto Medical Center; and
WHEREAS, on February 9, 2021, the City Council by Resolution No. 2021-045 adopted Amendment No. 10 to create the new land use designation of Mixed Use 2 (MU2) for 22.9 acres located on the north side of Healthcare Way west of Dale Road; and
WHEREAS, on August 4, 2021, the City Council by Resolution No. 2021-308 adopted Amendment No. 11 to change the land use designation of 3.5 acres from Business Park (BP) to Mixed Uses (MU), property located at the northeast corner of Dale Road and Bangs Avenue; and
WHEREAS, on April 12, 2022, the City Council by Resolution No. 2022-194 adopted Amendment No. 12 to change the land use designation of 67 acres located south of Bangs Avenue, north of Pelandale Avenue and west of American Avenue from Business Park (BP) to Mixed Use 3, property located north of Pelandale Avenue and east of Dale Road; and
WHEREAS, Benchmark Engineering has filed an application to amend the Land Use Diagram of the Specific Plan to change the land use designation of 11.8 acres located north of Bangs Avenue, north of Pelandale Avenue and east of Dale Road from Business Park (BP) to the new land use designation of Mixed Use (MU) to allow for Mixed Uses as allowed per Section III-B-6 of the Specific Plan; and WHEREAS, the City has added a one-acre property adjacent to the proposed location to provide continuity with the resulting zoning; and WHEREAS, City Staff has prepared and the Planning Commission has considered the addendum to the Kiernan Business Park Specific Plan Amendment #4 Program EIR, Environmental Assessment No. EA/C&ED 2022-18, which concludes that no major revisions to the previously-certified Kiernan Business Park Specific Plan Amendment #4 Program EIR (SCH No. 2007062071) are needed as a result of the project, and that, pursuant to Section 15162 and 15164 of the CEQA Guidelines, no new environmental review is required.
WHEREAS, a public hearing was held by the Planning Commission on August 1, 2022, in Chambers, 1010 Tenth Street, Modesto, California, at which hearing evidence both oral and documentary was received and considered.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission that it hereby finds and determines as follows:
1. The proposed amendment to the Land Use Diagram of the Kiernan Business Park Specific Plan is consistent with the General Plan Land Use #29..
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SPA-22-002
Designation of Mixed Use, because the amendment would result in a mix of commercial and offices uses consistent with the General Plan’s Business Park designation of the site.
2. There are no substantial changes proposed in the project which result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects and, therefore, no major revisions to the Kiernan Business Park Specific Plan Amendment #4 EIR are required.
3. No substantial changes have occurred with respect to the circumstances under which the proposed project is undertaken which will result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects and, therefore, no major revisions to the Kiernan Business Park Specific Plan Amendment #4 EIR are required.
4. There is no new information of substantial importance which was not known and could not have been known with the exercise of reasonable diligence when the Kiernan Business Park Specific Plan Amendment #4 EIR was adopted which shows any of the following:
a. one or more significant effects which is not discussed in the Kiernan Business Park Specific Plan Amendment #4 EIR, or
b. significant effects which were previously examined will be substantially more severe than previously shown, or
c. previously infeasible mitigation measures or alternatives are now feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative, or
d. mitigation measures or alternatives which are considerably different from those analyzed in the Kiernan Business Park Specific Plan Amendment #4 EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
5. An addendum to the EIR was prepared based on the Written Checklist, Environmental Assessment No. EA/C&ED No. 2022-18, provides the substantial evidence to support findings 2-4, above, and the City hereby determines that no further environmental documentation is required for the proposed project.
BE IT FURTHER RESOLVED by the Planning Commission that it hereby recommends to the City Council adoption of the proposed Kiernan Business Park Specific Plan Amendment No. 13 as described in Exhibit "A," attached hereto and incorporated herein by reference.
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SPA-22-002
The foregoing resolution was introduced at the regular meeting of the Planning Commission held on August 1, 2022, by Commissioner Shanks, who moved its adoption, which motion was seconded by Commissioner Morad, and carried by the following vote:
Ayes: Birring, Morad, Pollard, Shanks, Silva, Vazquez, Vohra Noes: None
Absent: None
Recused: None
BY ORDER OF THE PLANNING COMMISSION OF THE CITY OF MODESTO.
Signed copy on file in CEDD
Steve Mitchell, Secretary
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SPA-22-002
Exhibit “A”
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FILE SPA-22-002 Kiernan BP SPA No. 13-BP to MU (Benchmark Eng-Oasis Planning Commission MINUTES – August 1, 2022
V. PUBLIC HEARING
Item B Amendment No. 13 to the Kiernan Business Park Specific Plan, Amendment of Land Use Diagram, 12.8 acres from Business Park to Mixed Use; submitted by Benchmark Engineering, Inc.
Contact Info: Jonnie Lan, 577-5267, [email protected] Motion/Action (Approved)
It was moved by Commissioner Shanks , seconded by Commissioner Morad, and carried unanimously (Birring, Morad, Pollard, Shanks, Silva, Vazquez, Vohra, ayes; None, noes; None, absent; None, recused) that the Planning Commission adopt Resolution No. 2021-19 A
RESOLUTION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SPECIFIC PLAN AMENDMENT NO. 13 TO THE KIERNAN BUSINESS PARK SPECIFIC PLAN TO REDESIGNATE
12.8 ACRES OF LAND FROM BUSINESS PARK TO MIXED USE, PROPERTY LOCATED AT 2931 AND 2731 BANGS AVENUE (BENCHMARK ENGINEERING)
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ITEM B
Planning Commission Agenda Report August 1, 2022
Public Hearing Item B Page 1
CITY OF MODESTO
PLANNING COMMISSION STAFF REPORT
1010 10th STREET
MODESTO, CA 95354
(209) 577-5267 – (209) 491-5798 (fax)
TO: Chairperson Shanks and Members of the Planning Commission PREPARED BY: Katharine Martin, Senior Planner
Contact Info: 577-5267 [email protected]
APPROVED BY: Steve Mitchell, Planning Manager
MEETING DATE: August 1, 2022
SUBJECT: SPA-22-002 – Amendment No. 13 to the Kiernan Business Park Specific Plan, Amendment of Land Use Diagram, 12.8 acres from Business Park to Mixed Use; submitted by Benchmark Engineering, Inc.
RECOMMENDATION
Resolution recommending to the City Council approval of Specific Plan Amendment No. 13 to the Kiernan Business Park Specific Plan, to change the land use designation of 12.8 acres from Business Park (BP) to Mixed Use (MU)
BACKGROUND
The 614-acre Kiernan Business Park Specific Plan is located in northwest Modesto generally north of Pelandale Avenue and east of the CA-99 freeway, and was adopted in April of 1997 to allow for employment-intensive office, research and development, and non-nuisance light industrial uses. Since adoption, the Specific Plan has been amended a total of 12 times, most notably in 2004 to allow for the 49-acre Kaiser Modesto Medical Center at Dale Road and Healthcare Way, again in 2008 to allow for 40 acres of Mixed Uses allowing retail, office, and Medium-High Density Residential uses east of Dale Road opposite of the medical center. More recent notable amendments occurred in September 2021 to allow for a combination of business park and multi-family residential uses in a new Mixed Use 2 designation on 22 acres on Healthcare Way west of Dale Road, and April 2022 to introduce the new Mixed Use 3 designation to allow for multi-family residential development or Mixed Uses on 67 acres north of Pelandale Avenue and east of Dale Road.
Recent new development has occurred along Healthcare Way on the east side of Dale Road introducing new retail, office and service uses primarily along the Dale Road corridor, new multi-family residential developments east of Dale Road (100 units completed in 2019 and another 206 units under construction), new senior housing development, and two new hotels with one constructed in 2016 and another currently in the early stages of construction.
Driven primarily by the success of the Kaiser Modesto Medical Center and established commercial and medical office uses in proximity to the Specific Plan, developer interest in the area has continued to lean towards new higher-density residential development and commercial uses, including hospitality and restaurant uses. On April 7, 2022, Benchmark Engineering submitted an application to amend the land use diagram of the Kiernan Business Park Specific #29..
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Public Hearing Item B Page 2
Plan to change the land use designation of an 11.8-acre parcel located on Bangs Avenue east of Dale Road from Business Park (BP) to Mixed Use (MU). In order to create continuity with the land use designation in the area, a 1-acre lot on the west side of the original parcel to the proposal is included in the specific plan amendment. This lot is owned by Martin and Vicky David. The owners have been contacted and are supportive of the change, as long as they are able continue to live onsite, which staff has confirmed.
PROJECT DESCRIPTION
The proposed amendment area includes 12.8-acres adjacent to a 3.5-acre property recently developed with restaurant and gas station uses. A change to the land use diagram of the Kiernan Business Park Specific Plan (SPA) is requested to allow for Mixed Uses as permitted in Section III-B-6 of the Specific Plan, for the 12.8-acre amendment area located between Bangs Avenue and the new Grewal Parkway, east of Dale Road. If adopted, the proposed amendment would allow for uses such as retail, restaurant, service or office uses within the amendment area. No new development is proposed with the amendment. However, the applicant has indicated that they intend to develop a mix of retail and offices on the site. New development would be subject to the Development Plan Review or Conditional Use Permit process as required by the Kiernan Business Park Specific Plan, depending on use as permitted in Section III-B-6 of the Specific Plan, and also be subject to the development and design standards of the Specific Plan.
ANALYSIS
The applicant plans to develop some retail uses in the northwest portion of the site which would be compatible with the recently developed retail uses to the west and the Mixed-Use designation to the north that allows both retail and office development. The planned office development would be consistent with Mixed Use designations to the north and south and Business Park designation to the east where office use is allowed.
The traffic analysis prepared for this project concluded that proposed mixed uses would be expected to generate fewer vehicle trips than the approved Business Park designation. As a result, the traffic operational effects of the project would be similar or less than those previously identified for the approved business park uses.
GENERAL PLAN CONSISTENCY
The 12.8-acre amendment area is located within the Business Park (BP) land use designation of the City of Modesto Urban Area General Plan. Per Section III.B of the Specific Plan, permitted uses are allowed as a matter of right subject to Development Plan Review or attainment of a Conditional Use Permit for those uses that are conditional uses.
The General Plan land use designation for Business Park (BP) land uses does allow for regional commercial uses in addition to employment-intensive uses in a campus-like setting. Supportive retail and service uses that serve the employees and visitors to the business park uses is also allowed, and as such the proposed amendment to the Specific Plan’s land use diagram would conform to the General Plan.
ENVIRONMENTAL ASSESSMENT
Staff has prepared an Initial Study, Environmental Assessment No. EA/C&ED 2022-18, which concluded that the potential environmental effects of the proposed specific plan amendment have been adequately addressed within the context of the previously-certified Kiernan Business Park Specific Plan Program EIR (SCH No. 2007062071), and that, pursuant to Section 15182 of #29..
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Public Hearing Item B Page 3
the CEQA Guidelines/Section 21166 of the Public Resources Code, no new environmental review is required.
ATTACHMENTS
1. Draft Planning Commission Resolution – August 1, 2022
2. Initial Study, Environmental Assessment No. EA/C&ED 2022-18
3. Financial Interest Disclosure Form
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Planning Commission Agenda Report August 1, 2022
Public Hearing Item B Page 4
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8/23/2022
LIST OF INVOLVED PARTIES FOR THE PLANNING COMMISSION
AGENDA OF AUGUST 1, 2022
At the Commission’s request, staff has compiled a list of persons having a personal/financial interest in the matters contained in the accompanying agenda report to help identify potential conflicts of interest.
ITEM A Assembly Bill 361 – Continuing Remote Meetings
ITEM B Amendment No. 13 to the Kiernan Business Park Specific Plan, Amendment of Land Use Diagram, 12.8 acres from Business Park to Mixed Use
Relationship Name/Address
Applicant Benchmark Engineering, Inc. 915 17th Street, Modesto, CA 95354 Owner Oasis Investments, P.O. Box 1530, Turlock, CA 95381 #29..
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FINANCIAL INTEREST DISCLOSURE FORM GUIDELINES
City ordinance requires that all individuals with a material interest in a decision of the City Council must be disclosed. The following is for your assistance in completing the attached disclosure form:
1. For all of the below, corporate names/LLC’s/limited partnerships are not acceptable in and of themselves, all individuals with an interest of $2000 or more must be disclosed in these cases.
2. Individuals with a material interest include all property owners.
3. Individuals with a material interest include any developer.
4. Individuals with a material interest include any architect, engineer, or other design professional.
5. Individuals with a material interest include the applicant’s attorney or other representative.
6. Individuals with a material interest include any real estate agent who is party to the transaction.
7. Individuals with a material interest include any contractor constructing the project for which the contract has been arranged by the time of the hearing.
The above is for guidance only and not an inclusive list of all individuals at interest. You have a responsibility to determine and list all individuals in accordance with the Tests of Materiality as set forth on the attached.
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FINANCIAL INTEREST DISCLOSURE FORM
All persons included within the meaning of either of the following tests have a material financial interest in an agreement, or application for development rights, submitted for approval or disapproval by the City Council, and shall be identified by the applicant, by name.
Tests of Materiality:
1. Whether it is foreseeable to a reasonable person that the value of their interest in property available for use by an applicant, or their interest in the applicant itself, may increase or decrease by an amount greater than $2,000.00 as a direct or indirect result of Council action on the applicant’s agreement or application for development rights.
2. Whether it is foreseeable to a reasonable person that the person’s gross income from the applicant may increase or decrease by a sum greater than $2,000.00 as a direct or indirect result of Council action on the agreement or application for development rights.
It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the agreement or application or development rights is true, correct and complete. The applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.
PROJECT: ____________________________________
APPLICANT SIGNATURE
_
APPLICANT NAME (type or print)
In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website: https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA Oasis Investment: KBPE
_________________
Benchmark Engineering, Inc.; Rick Mummert, President ________________ #29..
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NAMES
Property Owner(s) – (Please list name of company and names of individual names of said company) Developer(s) – (Please list name of company and names of individual owner(s) of company) Architect(s), Engineer(s) or Other Design Professional(s) – (Please list name of company and names of individual owner(s) of company)
Attorney(s) or Representative(s) – (Please list name of company and names of individual owner(s) of company)
Real Estate Agent(s) – (Please list name of company and names of individual owner(s) of company) Contractor(s)
Other – (Investors, Trustees, etc.)
Oasis Investments
Tony Bruno
Matthew Bruno
N/A
API: Joe Smith, Rod Alonzo, and Brian Rosenberger
Benchmark Engineering, Inc. : Rick Mumert, Michelle Cooper, Sergio Carrera, and M. Syd Halterman N/A
PMZ: Randy High Jr.
N/A
N/A
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OFFICE OF THE CITY CLERK
NOTICE OF SPECIAL MEETING
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on
TUESDAY, SEPTEMBER 13, 2022 at 4:45 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.
Any and all of the following agenda items are subject to action being taken by the Modesto City Council.
The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property: 617 Airport Way, Modesto, CA 95354, APN: 036-023-002 Property Owners: City of Modesto
Negotiating Parties:
For City: Bill Sandhu, Public Works Director
Jose M. Sanchez, City Attorney
For Leasee: Alex Somerville, Senior Vice President
Under Negotiation: Price and Terms of a Site Lease Option Agreement September 9, 2022 BY ORDER OF THE CHAIR
/S
Diane Nayares-Perez, CMC, City Clerk
Posted pursuant to Government Code Section 54956 on the bulletin board at Tenth Street Place on at by
date time signature
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TO: THE CLERK OF THE CITY OF MODESTO
RE: CLOSED SESSION
Pursuant to Section 2-1.02 of the Modesto Municipal Code, you are hereby authorized and empowered to call a special Closed Session meeting of the Council of the City of Modesto to be convened on
TUESDAY, SEPTEMBER 13, 2022 at 4:45 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.
Any and all of the following agenda items are subject to action being taken by the Modesto City Council.
The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:
CLOSED SESSION
1. Consider appointing Real Property Negotiators Bill Sandhu, Public Works Director and Jose M. Sanchez, City Attorney for Property: APN: 036-023-002.
Motion appointing Real Property Negotiators Bill Sandhu, Public Works Director and Jose M. Sanchez, City Attorney for Property: APN: 036-023-002.
City Attorney, Jose M. Sanchez, 577-5284, [email protected] CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property: 617 Airport Way, Modesto, CA 95354, APN: 036-023-002 Property Owners: City of Modesto
Negotiating Parties:
For City: Bill Sandhu, Public Works Director
Jose M. Sanchez, City Attorney
For Leasee: Alex Somerville, Senior Vice President
Under Negotiation: Price and Terms of a Site Lease Option Agreement September 9, 2022 BY ORDER OF THE CHAIR
/S
__________________________
SUE ZWAHLEN, Mayor
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