Modesto City Council
August 8, 2023

DISCUSSION:

To allow for development consistent with the Village One Specific Plan, a zone change from Specific Plan-Holding Zone (SP-H) to Specific Plan (SP) is required. Without a zone change, the property would remain Specific Plan-Holding (SP-H) which, pursuant to Section 10-7.413 of the Modesto Municipal Code, requires a minimum lot area of ten (10) acres.

The rezone will allow for the subdivision of two (2) parcels totaling 4.98-acres into nine (9) residential lots, with each lot being a minimum of 0.50 acres. Two (2) of the proposed lots are currently developed with single-family residences. The project also includes a 20-foot paved private street to access the parcels overlayed by a 34-foot easement for access, drainage, and utilities. No other development is proposed within the subarea at this time.

The proposed rezone will not be detrimental to the public health, safety, or welfare and will allow for the project site to develop to the minimum 0.50-acre parcel size consistent with the requirements of the Zoning Code and the Specific Plan. The remaining area of Precise Plan Area No. 6 (Subarea A) will stay in the Specific Plan-Holding Zone (SP-H) until a request is made to re-zone or subdivide the property.

FISCAL IMPACT:

There is no direct fiscal impact from this action. The project will be subject to all applicable development fees at the time of development.

COMMITTEE RECOMMENDATION:

The Commission considered the proposed rezone at their June 5, 2023, meeting where they recommended approval of the rezone to the Council.

CEQA/NEPA REQUIREMENTS:

Pursuant to Section 21157.1 of the Public Resources Code, the City of Modesto’s Community & Economic Development Department prepared an Environmental Assessment Initial Study for the project, Environmental Assessment No. EA/CE&D 2022-22. This assessment concluded that the project is within the scope of the project covered by the Modesto Urban Area General Plan Master Environmental Impact Report (MEIR), State Clearinghouse (SCH) No. 2014042081 and a Finding of Conformance has been made.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution finding that the Rezone of properties located at 3431 and 3419 Millbrook Avenue from Specific Plan-Holding Zone, SP-H, to Specific Plan Zone, SP, is within the scope of the project covered by the Modesto Urban Area General Plan Master Environmental Impact Report (SCH No. 2014042081).

Motion introducing and waiving the first reading of an Ordinance amending Section 12-03-09 of the Zoning Map of the City of Modesto to rezone properties located at 3431 and 3419 Millbrook Avenue from Specific Plan-Holding Zone, SP-H, to Specific Plan Zone, SP.

Approved by:

Jessica Hill, Interim Director of
Community and Economic Development
#17..
- 874 -
City Council, August 8, 2023
Rezone from Specific Plan-Holding (SP-H) Zone to Specific Plan (SP) Zone (Fred Miller)

Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Zone Change Ordinance

3. Attachment A MEIR FOC
#17..
- 875 -
08/08/2023/CED/DLowrance/Item 17 1 2023-371

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-371

RESOLUTION FINDING THAT THE REZONE OF PROPERTIES LOCATED AT 3431 AND 3419 MILLBROOK AVENUE FROM SPECIFIC PLAN-HOLDING

ZONE, SP-H, TO SPECIFIC PLAN ZONE, SP, IS WITHIN THE SCOPE OF THE

PROJECT COVERED BY THE MODESTO URBAN AREA GENERAL PLAN
MASTER ENVIRONMENTAL IMPACT REPORT (SCH NO. 2014042081) WHEREAS, on March 5, 2019, by Resolution 2019-108, City Council of the City of Modesto certified the Final Master Environmental Impact Report (“Master EIR”) (SCH No. 2014042081) for the Modesto Urban Area General Plan; and WHEREAS, Fred Miller has proposed a rezone of property located at 3431 and 3419 Millbrook Avenue from Specific Plan-Holding (SP-H) Zone to Specific Plan (SP) Zone; and
WHEREAS, pursuant to Section 21157.1 of the Public Resources Code, the City of Modesto’s Community & Economic Development Department prepared an Environmental Assessment Initial Study EA/C&ED 2022-22 (“Initial Study”) which analyzed whether the subsequent project may cause any significant effect on the environment that was not examined in the Master EIR and whether the subsequent project was described in the Master EIR as being within the scope of the report; and WHEREAS, in accordance with CEQA guidelines beginning on July 19, 2023, the City caused to be published a 20-day notice of the City’s intent to make a finding that the subsequent project conforms with the Master EIR; and WHEREAS, said matter was considered by the City Council at a duly noticed public hearing which was held on August 8, 2023, at 5:30 p.m., in the Tenth Street Place Chambers located at 1010 Tenth Street, Modesto, California. #17..
- 876 -
08/08/2023/CED/DLowrance/Item 17 2 2023-371
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that the Council has reviewed and considered the Initial Study prepared for the proposed rezone a, a copy of which is attached hereto as Exhibit “A”, and incorporated herein by reference, and based on substantial evidence in the Initial Study makes the following findings:

1. An Initial Study was prepared by the City of Modesto that analyzed whether the subsequent project may cause any significant effect on the environment that was not examined in the Master EIR and whether the subsequent project was described in the Master EIR as being within the scope of the report.

2. The subsequent project will have no additional significant effect on the environment, as defined in subdivision (d) of Section 21158 of the Public Resources Code, that was not identified in the Master EIR.

3. No new or additional mitigation measures or alternatives are required.

4. The subsequent project is within the scope of the project covered by the Master EIR.

5. All applicable policies, regulations, and mitigation measures identified in the Master EIR have been applied to the subsequent project or otherwise made conditions of approval of the subsequent project.

BE IT FURTHER RESOLVED by the Council of the City of Modesto that the Community & Economic Development Director is hereby authorized and directed to file a notice of approval or determination within five (5) business days with the Stanislaus County Clerk pursuant to Section 21152 of the Public Resources Code. #17..
- 877 -
08/08/2023/CED/DLowrance/Item 17 3 2023-371
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 8th day of August, 2023, by Councilmember Wright, who moved its adoption, which motion being duly seconded by Councilmember Williams, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _____________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#17..
- 878 -
08/08/2023/CED/DLowrance/Item 17 4 2023-371

EXHIBIT A
Initial Study
EA/C&ED 2022-22
#17..
- 879 -
–1–
ORDINANCE NO. -C.S.

ORDINANCE AMENDING SECTION 12-03-09 OF THE

ZONING MAP OF THE CITY OF MODESTO TO REZONE
PROPERTIES LOCATED AT 3431 AND 3419 MILLBROOK

AVENUE FROM SPECIFIC PLAN-HOLDING ZONE, SP-H, TO

SPECIFIC PLAN ZONE, SP
WHEREAS, a verified application for an amendment to Section 12-03-09 of the Zoning Map was filed by Fred Miller on July 22, 2022, to rezone from Specific Plan-Holding Zone, SP-H, to Specific Plan Zone, SP, on properties located at 3431 and 3419 Millbrook Avenue; and
WHEREAS, after a public hearing held on June 5, 2023, the Planning Commission found the following: 1) that the requested zone change will not be detrimental to the public health, safety or welfare because the rezone from Specific Plan-Holding Zone, SP-H, to Specific Plan Zone, SP, of a 4.98-acre portion of Precise Plan Area No. 6 (Subarea A) of the Village One Specific Plan, will allow for the project site to develop to the minimum 0.50-acre parcel size consistent with the requirements of the Zoning Code and the Specific Plan; 2) the requested zone change will result in an orderly planned use of land because the rezone applies only to the 4.98-acre project site. The remaining area of Precise Plan Area No. 6 (Subarea A) will stay in the Specific Plan-Holding Zone, SP-H, and cannot be subdivided until the zone is changed and a Tentative Subdivision Map is approved; and, 3) the requested zone change is in accordance with the community objectives as set forth in the Modesto Urban Area General Plan and the Village One Specific plan because the Vesting Tentative Subdivision Map, which proposes to subdivide two (2) parcels, within Precise Plan 6 (Subarea A), totaling 4.98-acres into #17..
- 880 -
–2–
nine (9) single family residential parcels, each a minimum of 0.50 acres, meets the requirements of the Zoning Code and the Village One Specific Plan with respect to lot size; and WHEREAS, by Resolution No. 2023-16, adopted on June 5, 2023, the Planning Commission recommended to the Council that the application of Fred Miller to amend Section 12-03-09 of the Zoning Map to rezone the hereinafter described property from Specific PlanHolding Zone, SP-H, to Specific Plan Zone, SP be approved.

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

SECTION 1. After a public hearing held on August 8, 2023, in the Tenth Street Place Chambers located at 1010 10th Street, Modesto, California, this Council finds and determines as follows:

1. The requested change will not be detrimental to the public health, safety or welfare because the rezoning of a 4.98-acre portion of Precise Plan Area No. 6 (Subarea A) from Specific Plan-Holding Zone (SP-H) to Specific Plan (SP) will allow for the development of a maximum of nine (9) single family residential parcels, each being a minimum of 0.50 acres, which is consistent with the requirements of the Zoning Code and the Village One Specific Plan.

2. The requested change will result in an orderly planned use of land because This rezone applies only to the 4.98-acre project site, which is proposed to be subdivided. If additional subdivisions are requested within Precise Plan Area No. 6 (Subarea A), property owners must request a zoning change from Specific Plan-Holding Zone (SP-H) to Specific Plan (SP).

3. The requested change is in accordance with the community’s objectives as set forth in the General Plan and any applicable specific plan(s) because the zone change will facilitate the development of a 4.98-acre portion of Subarea A, in Precise Plan Area No. 6 of the Village One Specific Plan.

Nine (9) single family residential parcels will be created with a subsequent Tentative Subdivision Map. Each parcel will be a minimum of 0.50 acres, which is consistent with the requirements of the Zoning Code and the Village One Specific Plan. No other property will be subdivided as part of this action.
#17..
- 881 -
–3–
SECTION 2. ZONING CHANGE. Section 12-03-09 of the Zoning Map is hereby amended to rezone the following described property from Specific Plan-Holding (SP-H) zone to Specific Plan (SP):

SP-H to SP
All of Parcel “b” as shown and designated on that certain parcel map filed in the office of the County Recorder of Stanislaus County, California on February 3, 1978, in Volume 26 of Parcel Maps, at page 68, and being a division of Parcel 4 of that certain Parcel Map filed in Volume 1 of Parcel Maps at Page 138, located in the southwest corner of Section 12, Township 3 south, range 9 east, mount diablo base and meridian.

Together with Parcel "a", as shown on that certain parcel map filed in book 26 of parcel maps, at Page 68, Stanislaus County records.

Together with all that portion of abandoned 50.00 foot wide Esta Avenue, as described in abandonment resolution no. 2001-577, filed as doc- 2001-0139479, official records, Stanislaus County records, lying easterly of and coincident with the easterly line of Parcel "a", as shown on that certain parcel map filed in book 28 of Parcel Maps, at Page 68, Stanislaus County records, more particularly described as follows:

Beginning at the southeast corner of said Parcel "a", thence along the easterly line of said Parcel 3, as shown on that certain parcel map filed in book 15 of parcel maps, at page 85, Stanislaus County records, thence along the easterly prolongation of the southerly line of said Parcel 3, north 89°48'18" east 13.52 feet to a point on the easterly line of said abandoned portion of Esta Avenue, said point being on a nontangent curve concave to the northeast, having a radius of 428.00 feet, from which the radius point of said curve bears north 82°51'51" east; thence southeasterly, along the arc of said curve, through a central angle of 10°33'19", an arc distance of 78.85 feet to the east line of the northwest quarter of the southwest quarter of said section 12; thence along said line, south 00°19'45" east 123.05 feet to a point of intersection with the easterly prolongation of the southerly line of aforesaid Parcel "a", thence along said line, south 89°48'18" west 30.00 feet to the point of beginning.

Also, together with all that portion of abandoned 50.00 foot wide Esta Avenue, as described in Abandonment Resolution No. 2001-577, filed as Doc-2001-0139479, official records, Stanislaus County records, lying the northeast quarter of the southwest quarter of Section 12, Township 3 South, Range 9 East, Mount Diablo Base and Meridian, more particularly described as follows:

Commencing at the Southeast corner of Parcel "a", as shown on that, certain Parcel Map filed in Book 26 of Parcel Maps, at Page 68, Stanislaus County Records; thence #17..
- 882 -
–4–
along the easterly prolongation of the southerly, line of said Parcel "a", North 89°48'18" East 30.00 feet to the west line of said Northeast quarter of the Southwest quarter of Section 12; thence along said line, North 00°19'45" West 2.58 feet to the point of beginning of this description; thence continue along said line, North 00°19'45" West 120.41 feet to a point on the easterly line of said abandoned portion of Esta Avenue said point being on a non-tangent curve concave to the Northeast, having a radius of 428.00 feet; thence Southeasterly, along the arc of said curve concave to the Northeast, haying a radius of 428.00 feet, whose radius point bears north 72°18' 32'" East, through a central angle of 7°26' 50", an arc distance of 55.83 feet to the Northerly corner of Lot "h", as shown on that certain Map of Atherton Place, filed in Book 39 of Maps, at Page 59, Stanislaus County records; thence along the Westerly line of said Lot "h", South 00°19' 45" East 6 1/2 feet to a point on a curve concave to the Northwest, having a radius of 100.00 feet, whose radius point bears North 25°22'52" West; thence Southwesterly, along the arc of said curve, through a central angle of 12°08'26'', an arc distance of 21.19 feet to the point of beginning.

Together with all that portion of Lot "h", as shown, on that certain Map of Atherton place, filed in Book 39 of Maps, at Page 59, Stanislaus County records, lying in the Northeast quarter of Southwest quarter Section 12, Township 3 South, Range 9 East, Mount Diablo base and meridian, described as follows:

Beginning at the most Northerly corner of said Lot "h", said point being on the, Southwesterly right-of-way line of 56-foot wide Millbrook Avenue, thence along the Easterly line of said Parcel “h” also being the Westerly right-of-way line of said Millbrook Avenue, Southeasterly along the arc of a curve concave to the Northeast, whose radius point bears north 64°51'42" east, having a radius of 428.00 feet, through a central angle of 7°07'35", an arc distance of 53.23 feet, thence on a non-tangent line, South 57°44' 07" West

17.35 feet to the beginning of a curve concave to the Northwest, having a radius of 100.00 feet; thence Southwesterly, along the arc of said curve, through a central angle of 6°53'01", an arc distance of 12.01 feet to the Westerly line of said Lot "h", thence along said Westerly line, North 00°19'45" West 61.72 feet to the point of beginning.

EXCEPTING THEREFROM all that portion of abandoned 50.00 foot wide Esta Avenue, as described in Abandonment Resolution No. 2001-577, filed as Doc-2001-0139479, official records, Stanislaus County Records, being a portion of the Northwest quarter of the Southwest quarter of Section 12, Township 3 South, Range 9 East, Mount Diablo base and meridian, more particularly described as follows:

Commencing at the Southeast corner of Parcel "a", as shown on that certain Parcel Map filed in Book 26 of Parcel Maps at Page 68, Stanislaus County Records; thence along the Easterly prolongation of the Southerly line of said Parcel “a”, North 99°48’18” East 7.42 feet to the beginning of a curve concave to the northwest, having a radius of 100.00 feet, and the point of beginning of this description, thence Northeasterly along the arc of said curve, through a central angle of 13°02'44", an arc distance of 22.77 feet to the #17..
- 883 -
–5–
east line of the northwest quarter of the southwest quarter of said Section 12, thence along said line, south 00°19' 45", east 2.58 feet to a point of intersection with the easterly prolongation, of the southerly line of said Parcel “a”; thence along last said line, south 99°48'18” west 22.58 feet to the point of beginning.

Subject to all rights of way, easements, and other encumbrances of record.

APN: 085-064-016 and 085-064-017.

SECTION 3. ZONING MAP. Section 12-03-09 of the Zoning Map of the City of Modesto is amended to appear as set forth on the map attached hereto, which is hereby made a part of this ordinance by reference.

SECTION 4. USES AS PERMITTED BY SPECIFIC PLAN. The allowable uses within this Zone shall be as permitted by the Village One Specific Plan, Precise Plan No. 6 Sub-Area A, as referenced in Section III Page 20 of the Specific Plan.

SECTION 5. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

SECTION 6. PUBLICATION. At least two (2) days prior to its final adoption, copies of this ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in The Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted.
#17..
- 884 -
–6–
The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the eighth day of August, 2023, by Councilmember , who moved its introduction and passage to print, which motion being duly seconded by Councilmember , was upon roll call carried and ordered printed and published by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

SUE ZWAHLEN, Mayor
ATTEST:

By:

DIANE NAYARES, City Clerk
(SEAL)
APPROVED AS TO FORM:

By:

JOSE M. SANCHEZ, City Attorney
APPROVED AS TO DESCRIPTION:

By:

Community & Economic Development
Department, Planning Division
#17..
- 885 -
–7–

FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the , 2023, Councilmember ______________moved its final adoption, which motion being duly seconded by Councilmember ________________, was upon roll call carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

MAYOR, SUE ZWAHLEN
ATTEST: ____________________________
DIANE NAYARES, City Clerk
Effective Date: _________________, 2023
#17..
- 886 -
Updated: August 2020
City of Modesto
Finding of Conformance with the
Urban Area General Plan Master EIR
(SCH No. 2014042081)
Initial Study Environmental Checklist
C&ED No. 2022-22
For the proposed:

RZN-23-002/TSM-22-003
Village One Specific Plan
Zone Change from Specific Plan-Holding (SP-H) to
Specific Plan (SP); and
Vesting Tentative Subdivision Map
“Miller-Aderholt Subdivision”
Prepared by:

City of Modesto
Community & Economic Development Department
Planning Division
January 23, 2023
Revised April 18, 2023
#17..
- 887 -
Updated: August 2020
(Intentional Blank Page)
#17..
- 888 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 1 May 12, 2023
City of Modesto
Master EIR Initial Study Environmental Checklist
I. PURPOSE
CEQA allows for the limited environmental review of subsequent projects under the City’s Master Environmental Impact Report (“Master EIR”). This Initial Study Environmental Checklist (“Initial Study”) is used in determining whether the rezone from Specific Plan-Holding Zone (SP-H) to Specific Plan (SP) of a 4.98-acre site located within Precise Plan Area No. 6 (Subarea A) of the Village One Specific Plan; and associated Vesting Tentative Subdivision Map to subdivide two (2) parcels, totaling 4.98-acres, into nine (9) residential lots, with each lot being a minimum of 0.50 acres (“Project”) is “within the scope” of the project analyzed in the Modesto Urban Area General Plan Master EIR (SCH# 2014042081) (Public Resources Code section 21157.1). When the Initial Study supports this conclusion, the City will issue a Finding of Conformance.

A subsequent project is “within the scope” of the Master EIR when:

1. it will have no additional significant effects on the environment that were not addressed as significant effects in the Master EIR; and,

2. no new or additional mitigation measures or alternatives are required. “Additional significant effects on the environment” are those project specific effects on the environment which were not addressed as significant effects on the environment in the Master EIR. [Public Resources Code Section 21158(d)]
The determination must be based on substantial evidence in the record. “Substantial evidence” means facts, reasonable assumptions predicated upon facts, or expert opinion based on facts. It does not include speculation or unsubstantiated opinion. (CEQA Guidelines Section 15384) II. PROJECT DESCRIPTION
A. Title: RZN-23-002/TSM-22-003.

The project is a proposed rezone, from Specific Plan-Holding Zone (SP-H) to Specific Plan (SP) on a 4.98-acre portion of Precise Plan Area No. 6 (Subarea A) of the Village One Specific Plan (Specific Plan) and a subsequent Vesting Tentative Subdivision Map (“Miller-Aderholt Subdivision”) which proposes subdividing two (2) parcels, totaling 4.98 acres, into nine (9) single-family residential parcels, each a minimum of 0.50 acres.

The proposed rezone, from Specific Plan-Holding Zone (SP-H) to Specific Plan (SP) on a 4.98- acre portion of Precise Plan Area No. 6 (Subarea A) of the Village One Specific Plan, will allow for the project site to develop to the min. 0.50 acre parcel size consistent with the requirements of the Zoning Code and the Specific Plan. Additionally, the Vesting Tentative Subdivision Map which proposes subdividing two (2) parcels, within Precise Plan 6, Subarea A, totaling 4.98 acres, into nine (9) single family residential parcels each a minimum of 0.50 acres.

B. Address or Location: 4.98 acres located on Millbrook Avenue northwest of the intersection of Esta Avenue and Millbrook Avenue within Precise Plan Area No. 6 (Subarea A) of the Village #17..
- 889 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 2 May 12, 2023
One Specific Plan area within the city of Modesto. Also known as Assessor’s Parcel Numbers (APN) 085-064-016 and 085-064-017
C. Applicants: Frederick and Leanne Miller
220 Standiford Avenue, Suite C; Modesto, CA 95350
Ronald and L. Aderholt 2004 Trust
3419 Millbrook Avenue; Modesto, CA 95355
D. City Contact Person: Diana Lowrance, Senior Planner
Project Manager: Diana Lowrance, Senior Planner
Department: Community and Economic Development Department, Planning Division Phone Number: 209-577-5267
E-mail address: [email protected]
E. Current General Plan Designation(s): Residential (R) F. Current Zoning Classification(s): Specific Plan-Holding (SP-H) zone, Village One Specific Plan (R-1 uses)
G. Surrounding Land Uses:

North: SP-H Zone, Low Density Residential (R-1) Zone uses, Enochs High School South: SP-H Zone, Low Density Residential (R-1) Zone uses, single-family residential uses
East: SP-H Zone, Low Density Residential (R-1) Zone uses, single-family residential uses
West: SP-H Zone, Low Density Residential (R-1) Zone uses, single-family residential uses
H. Project Description, including the project type listed in Section II.C (Anticipated Future Projects) of the Master EIR (Attach additional maps/support materials as needed for complete record):

A proposed rezone, from Specific Plan-Holding Zone (SP-H) to Specific Plan (SP) on a 4.98-acre portion of Precise Plan Area No. 6 (Subarea A) of the Village One Specific Plan (Specific Plan) and a subsequent Vesting Tentative Subdivision Map (“Miller-Aderholt Subdivision”) which proposes subdividing two (2) parcels, totaling 4.98 acres, into nine (9) single-family residential parcels, each a minimum of 0.50 acres.
#17..
- 890 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 3 May 12, 2023
#17..
- 891 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 4 May 12, 2023

VESTING TENTATIVE SUBDIVISION MAP
TSM-22-003
#17..
- 892 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 5 May 12, 2023
I. Other Public Agencies Whose Approval is Required: None III. FINDINGS / DETERMINATION (SELECT ONE ON THE BASIS OF THE ANALYSIS

IN SECTION IV)

1. X Within the Scope – The project is within the scope of the Master EIR and no new environmental document or Public Resources Code Section 21081 findings are required. All of the following statements are found to be true:

A. The subsequent project will have no additional significant effect on the environment, as defined in subdivision (d) of Section 21158 of the Public Resources Code, that was not identified in the Master EIR;
B. No new or additional mitigation measures or alternatives are required; C. The subsequent project is within the scope of the project covered by the Master EIR; and,
D. All applicable policies, regulations, and/or mitigation measures identified in the Master EIR have been applied to the subsequent project or otherwise made conditions of approval of the subsequent project.

2. Mitigated Negative Declaration Required – On the basis of the above determinations, the project is not within the scope of the Master EIR. A mitigated negative declaration will be prepared for the project. The following statements are all found to be true:

A. The subsequent project is within the scope of the project covered by the Master EIR; B. All applicable policies, regulations, and mitigation measures identified in the Master EIR have been applied to the subsequent project or otherwise made conditions of approval of the subsequent project; and,
C. The project will have one or more potential new significant effects on the environment that were not addressed as significant effects in the Master EIR. New or additional mitigation measures are being required of the project that will reduce the effects to a less than significant level.
#17..
- 893 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 6 May 12, 2023

3. Focused EIR Required – On the basis of the above determinations, the project is not within the scope of the Master EIR. A Focused EIR will be prepared for the project. All of the following statements are found to be true:

A. The subsequent project is within the scope of the project covered by the Master EIR; B. All applicable policies, regulations, and mitigation measures identified in the Master EIR have been applied to the subsequent project or otherwise made conditions of approval of the subsequent project; and,
C. The project will have one or more new significant effects on the environment that were not addressed as significant effects in the Master EIR. New or additional mitigation measures or alternatives are required as a result.

Diana Lowrance
Senior Planner May 12, 2023
Project Manager Title Date
#17..
- 894 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 7 May 12, 2023

4. Within the Scope Analysis of this Document:

The Master EIR allows projects to be found within the scope of the MASTER EIR if certain criteria are met. If the following statements are found to be true for all 20 impact categories included in this Initial Study, then the proposed project is addressed by the Master EIR analysis and is within the scope of the Master EIR. Any “No” response must be discussed.

YES NO
(1) The lead agency for subsequent projects shall be the City of Modesto or a responsible agency identified in the Master EIR.
(2) City policies that reduce, avoid, or mitigate environmental effects will continue to be in effect and, therefore, would be applied to subsequent projects where appropriate. The policies are described in the list of policies in place as “mitigating policies” attached to the Initial Study template. Project impacts would be mitigated to a less-than-significant level using the Master EIR’s mitigating policies only.
(3) Federal, State, regional, and Stanislaus County regulations do not change in a manner that is less restrictive on development than current law (i.e., would not offer the same level of protection assumed under the Master EIR).
(4) No specific information concerning the known or potential presence of significant resources is identified in future reports, or through formal or informal input received from responsible or trustee agencies or other qualified sources. (5) The project will occur within the boundaries of the City’s planning area as established in the Urban Area General Plan.
(6) Implementation of the project will comply with all appropriate mitigating policies contained and enumerated in the 2019 Urban Area General Plan Master EIR.

5. Currency of the Master EIR Document
The Master EIR should be reviewed on a regular basis to determine its currency, and whether additional analysis / mitigation should be incorporated into the Master EIR via a Supplemental or Subsequent EIR (CEQA Section 21157.6). Staff has reviewed Sections 1 through 20 of this document in light of the criteria listed below to determine whether the Master EIR is current. The analyses contained within the Master EIR are current as long as the following circumstances have not changed. Any “no” response must be explained.

YES NO
(1) Certification of the Urban Area General Plan Master EIR occurred less than five (5) years prior to the filing of the application for this subsequent project. (2) The proposed project is described in the Master EIR and its approval will not affect the adequacy of the Master EIR for any subsequent project because the City can make the following findings:
(a) No substantial changes have occurred with respect to the circumstances under which the Master EIR was certified;
(b) No new information, which was not known and could not have been known at the time the Master EIR was certified as complete, has become available; and, (c) Policies that require site-specific mitigation, and avoidance or other mitigation of impacts as a prerequisite to future development, remain in full force and effect. #17..
- 895 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 8 May 12, 2023
Discussion:
(1) The General Plan Master EIR was last certified on March 5, 2019. The analysis contained in the Master EIR is adequate for subsequent projects, as documented in the discussion below. (2) The project is consistent with the analysis contained in the Master EIR. This is documented in the discussion of the 20 individual evaluation topics within this initial study. (2)(a) There have been no substantive changes to the Urban Area General Plan since the Master EIR was certified that would create additional significant environmental effects that were not analyzed by the Master EIR.
(2)(b) There has been no new information that would affect the adequacy of the analysis contained in the Master EIR.
(2)(c) All policies contained in the Master EIR that require site-specific mitigation or avoidance of impacts remain in effect and will be applied to the project as appropriate.

IV. ENVIRONMENTAL ANALYSIS
This Initial Study, in accordance with Section 21157.1(b) of the Public Resources Code, discloses whether the proposed project may cause any project-specific significant effect(s) to the environment that was not examined in the Final Master EIR for the Urban Area General Plan, and whether new or additional mitigation measures or alternatives may be required as a result. The Initial Study thereby documents whether or not the project is “within the scope” of the Master EIR.

Pursuant to Public Resources Code Section 21157.1, no new environmental document or findings are necessary for projects that are determined to be within the scope of the Master EIR. Adoption of the findings specified in Section III.1, above, after completion of the Initial Study fulfills the City’s obligation in that situation. All environmental effects cited reflect 2040 conditions resulting from the Urban Area General Plan, as identified in the Master EIR.

The environmental impact analysis in the Master EIR for the Urban Area General Plan is organized in twenty subject / topical areas. The following analysis is based on the impact analyses contained in Chapter V of the Master EIR. For ease of reference, the sections are numbered in the same order as the analyses in Chapter V.
#17..
- 896 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 9 May 12, 2023

1. TRAFFIC AND CIRCULATION
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable traffic and circulation impacts expected after application of mitigating policies.

Direct Impacts
Effect: Increased automobile traffic will result in roadway segments (see Master EIR Table V-1-6, pages V-1-36 to V-1-39) operating at LOS D, Modesto’s significance threshold for automobile traffic, or lower (LOS E or F).

Effect: The substantial increase in traffic relative to the existing load and capacity of the street system will cause, either individually or cumulatively, the violation of automobile service standards established by StanCOG’s Congestion Management Plan for designated roads and highways.

Effect: A substantial increase in automobile vehicle miles traveled (see Master EIR Tables V-1-7 through V-1-10, pages V-1-44 through V-1-45).

Cumulative Impacts
Effect: Potential for growth inducement or acceleration of development resulting from highway and local road projects.

Effect: Substantial increase in traffic in relation to the existing traffic load and capacity of the street system, including a violation, either individually or cumulatively, of an automobile LOS standard established by the Congestion Management Plan for designated roads and highways.

Effect: Increased demand for capacity-enhancing alterations to existing roads or automobile traffic reduction.

Other impact categories affected by Traffic and Circulation are addressed throughout this Initial Study (see also: Section 2, Air Quality and Greenhouse Gas Emissions; Section 3, Generation of Noise; Section 18, Energy; Section 19, Visual Resources; and, Section 20, Land Use and Planning). b. Urban Area General Plan Mitigating Policies Applied to the Project Traffic and Circulation-related mitigating policies pertinent to this project are found on Master EIR pages V-1-7 through V-1-30. All mitigating policies appropriate to the project, including any new measures, will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

No mitigation measures regarding traffic from the Master EIR are required. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
#17..
- 897 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 10 May 12, 2023 c. Project-Specific Effects
Section V-1.B of the Master EIR provides analysis of Traffic and Circulation impacts of development of the General Plan. The following is an analysis of whether the proposed project would result in any new, significant, project-specific effect(s) that were not disclosed in the Master EIR.

Significance Criteria: A subsequent development project will have a new significant effect on the environment if it would exceed the following thresholds / criteria:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

1. TRAFFIC AND CIRCULATION
1) The proposed project would conflict with an
applicable plan, ordinance or policy (including those
within the Urban Area General Plan) establishing
measures of effectiveness for the performance of
the circulation system, taking into account all
modes of transportation including mass transit and
non-motorized travel and relevant components of
the circulation system including, but not limited to
intersections, streets, highways and freeways,
pedestrian and bicycle paths, and mass transit.
2) The proposed project would conflict with an
applicable congestion management program,
including, but not limited to, level of service
standards and travel demand measures, or other
standards established by the county congestion
management agency, for designated facilities.
3) The proposed project would result in a change in
air traffic patterns, including either an increase in
traffic levels or a change in location that results in
substantial safety risks.
4) The proposed project would substantially
increase hazards due to a design feature (e.g. sharp
curves or dangerous intersections) or incompatible
uses (e.g. farm equipment), or result in inadequate
emergency access.
5) The proposed project would conflict with adopted
policies, plans, or programs regarding public transit,
bicycle, or pedestrian facilities, or otherwise
decrease the performance or safety of such
facilities.
6) The proposed project would result in projected
Level of Service “D” or worse for non-exempt City of
Modesto roadways, Caltrans facilities, and/or
County of Stanislaus roadways.
#17..
- 898 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 11 May 12, 2023 Discussion:
(1) The proposed nine (9) lot tentative subdivision map will utilize a private road with utility and storm drainage easements that extend west from Millbrook Avenue north of Esta Avenue.

There is no impact and no mitigation is required.
(2) The project would not exceed a level of service standard established by the County congestion management agency (StanCOG). No impact.
(3) The proposed project would not have any impact on air traffic patterns. The project site is not located within a safety zone as established by the Airport Land Use Commission. The nearest airport is the City-County Airport approximately 3.5 miles away to the south. (4) As mentioned previously, the proposed nine (9) lot tentative subdivision map will utilize a private road with utility and storm drainage easements that extend west from Millbrook Avenue north of Esta Avenue. The subdivision may be gated, however consistent with Fire Department standards, all vehicle entrance gates shall have a Knox vehicle gate switch that is sub-mastered for the Modesto Police Department to allow for emergency access. Therefore, any impacts from the project would be less than significant. (5) The project would not conflict with adopted plans for alternative transportation. No impact. (6) There are no significant changes in the level of service or the volume-capacity ratio as a result of the project, and therefore there are no significant cumulative (long-term) traffic impacts.

2. AIR QUALITY AND GREENHOUSE GAS EMISSIONS

5. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable air quality impacts expected after application of mitigating policies.

Direct Impacts
Effect: Expected automobile traffic will result in increased operational emissions of reactive organic gases (ROG) and oxides of nitrogen (NOX), and increased carbon monoxide (CO) levels in the project area (see Master EIR Tables V-2-4 through V-2-6, pages V-2-40 through V-2-41).

Effect: Expected construction and development activities could result in increased emissions of particulate matter 10 microns or less (PM10) and 2.5 microns or less in diameter (PM2.5) (see Master EIR page V-2-31, “2. Significant Direct Impacts”).

Cumulative Impacts
The Master EIR indicates the same impacts identified as direct impacts above will contribute to regional impacts on air quality for the criteria pollutants ROG, NOx, PM10, and PM2.5. b. Urban Area General Plan Mitigating Policies Applied to the Project #17..
- 899 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 12 May 12, 2023 Air quality-related mitigating policies that are relevant to the proposed project are found on pages V2-8 through V-2-29 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

The appropriate policies to be applied to this project include AQ-100, AQ-103, AQ-105, AQ-107 through AQ-110, and AQ-113 through AQ-116 from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level. c. Project-Specific Effects
Section V-2.B of the Master EIR is the analysis of air quality impacts resulting from development of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not analyzed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

2. AIR QUALITY AND GREENHOUSE GAS

EMISSIONS
1) The proposed project would be inconsistent with
the air quality and greenhouse gas emissions
policies in the Urban Area General Plan.
2) The proposed project would conflict with or
obstruct implementation of the applicable air quality
plan.
3) The proposed project would violate any air
quality standard or contribute substantially to
existing or projected violation.
4) The proposed project would result in a
cumulatively considerable net increase of any
criteria pollutant for which the project region is in
non-attainment under an applicable federal or state
ambient air quality standard (including releasing
emissions that exceed quantitative thresholds for
ozone precursors).
5) The proposed project would expose sensitive
receptors to substantial pollutant concentrations.
6) The proposed project would create objectionable
odors affecting a substantial number of people.
7) The proposed project would generate
greenhouse gas emissions, either directly or
#17..
- 900 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 13 May 12, 2023 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
indirectly, that may have a significant impact on the
environment.
8) The proposed project would conflict with an
applicable plan, policy, or regulation adopted for the
purpose of reducing the emission of greenhouse
gases.

Discussion:
(1) The project would not be inconsistent with the air quality and greenhouse gas emissions policies in the Urban Area General Plan. The proposed rezone is to allow for the development of a ninelot single-family residential subdivision. Pursuant to the Village One Specific Plan, residential lots are to be 0.50-acre or larger. No impact.
(2) The project would not conflict with or obstruct implementation of the applicable air quality plan.

No impact.
(3) The proposed project involves a residential subdivision of nine lots and would not violate any air quality standard or contribute substantially to existing or projected violation. No impact. (4) The proposed project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard. No impact.
(5-6) The site of the tentative subdivision map is in proximity to existing rural residential homes and the Enochs High School to the north; however, any impact related to substantial pollutant concentrations and objectionable odors by the project would be construction-related and temporary, and at a less than significant level with application of the above mitigation measures. (7) The proposed project is residential in nature and would not generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment. No impact. (8) The project would not exceed emissions thresholds established by the SJVUAPCD, and is consistent with the development standards for a residential use as established by the General Plan. No impact.

3. GENERATION OF NOISE AND VIBRATION
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable noise and vibration impacts expected after application of mitigating policies.

Direct Impacts
Effect: Future automobile traffic noise levels and roadway construction and maintenance activities resulting from development consistent with the Urban Area General Plan will exceed the City’s noise #17..
- 901 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 14 May 12, 2023 thresholds at various locations, but particularly in areas adjacent to heavily traveled roadways (see Master EIR Table V-3-9, pages V-3-28 through V-3-31.

Effect: New noise-generating land uses could produce noise levels that would exceed the City’s noise thresholds of acceptability at sensitive receptors in the vicinity.

Effect: Construction noise would cause a temporary or periodic increase in noise exposure above ambient noise levels.

Effect: Demolition and construction activities may expose people to excessive vibration levels.

Cumulative Impacts
Effect: Traffic from development in the City of Modesto would, when combined with traffic from new development in the County and other cities, contribute to a cumulative increase in roadside noise levels on major roads and highways throughout Stanislaus County. b. Urban Area General Plan Mitigating Policies Applied to the Project Noise policies that are pertinent to the project being analyzed in this Initial Study are found on pages V-3-18 through V-3-24 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

The appropriate policies to be applied to this project include Noise-4 and Noise 7 from the Master EIR.

No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
c. Project-Specific Effects
Section V-3.B of the Master EIR discloses noise impacts resulting from development of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project -specific effect not analyzed in the Master EIR.

Significance Criteria: Determination of the proposed project’s effects are based on the following thresholds. Project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

3. NOISE AND VIBRATION
1) The proposed project is inconsistent with Urban
Area General Plan noise and vibration policies and
standards.
2) The proposed project would generate excessive
ground-borne noise and/or vibration levels.
3) The proposed project would result in a
#17..
- 902 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 15 May 12, 2023 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
permanent increase of 3 dBA where any other noise
threshold or standard would be exceeded, and/or 5
dBA where noise levels would otherwise fall within
acceptable limits, in ambient noise levels in the
project vicinity above levels existing without the
project.
4) The proposed project would result in a
substantial temporary or periodic increase in
ambient noise levels existing without the project.
5) For a project located within an airport land use
plan, or where such a plan has not been adopted,
within two (2) miles of a public airport or public use
airport, the proposed project would result in
exposure of people residing or working in the
project area to excessive noise levels.
6) For a project within the vicinity of a private
airstrip, the proposed project would expose people
residing or working in the project area to excessive
noise levels.
7) For new residential development within 200 feet
of active rail lines, the proposed project would
result in noise levels generated during train passbys
that exceed 50 dBA Lmax inside bedrooms or 55 dBA
Lmax inside other occupied areas.

Discussion:
(1) The proposed project would not be inconsistent with the General Plan’s noise and vibration policies. No impact.
(2-3) The project, a proposed rezone, from Specific Plan-Holding Zone (SP-H) to Specific Plan (SP) on a 4.98-acre portion of Precise Plan Area No. 6 (Subarea A) of the Village One Specific Plan (Specific Plan) and a subsequent Vesting Tentative Subdivision Map (“Miller-Aderholt Subdivision”) to subdivide two (2) parcels, totaling 4.98 acres, into nine (9) single-family residential parcels, each a minimum of 0.50 acres, would not generate excessive ground-borne noise or vibration levels, or lead to a permanent increase in ambient noise level. No impact. (4) Any increase in noise would be construction-related and temporary, and less than significant impact with mitigation measures applied. Subsequent development would be required to adhere to the City’s noise ordinance.
(5) The site is not located within an airport land use plan, and is approximately 3.5 miles away from the nearest public airport. No impact.
(6) The site is not within the vicinity of a private airstrip. The nearest known private airstrip is Yandell Ranch approximately 12 miles to the west. No impact. #17..
- 903 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 16 May 12, 2023 (7) The site is not within 200 feet of an active railroad line. The nearest railroad line is the BNSF line 0.5 miles away to the east. No impact.

4. EFFECTS ON AGRICULTURAL LANDS
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on agricultural lands expected after application of mitigating policies.

Direct Impacts
Effect: Development consistent with the Urban Area General Plan may convert up to approximately 10,500 acres of farmland in various categories in the Planned Urbanizing Area to urban uses.

Effect: Approximately 1,100 acres of urban development along a 350-foot wide 26-mile boundary between urban and agricultural uses could be affected by continued agricultural operations, including noise, dust, and chemical overspray or drift.

Cumulative Impacts
Effect: Growth within Modesto’s planning area would contribute considerably to the loss of agricultural land within Stanislaus County, accounting for the conversion of as much as approximately 10,500 acres of farmland in various categories in the Planned Urbanizing Area to 2040. b. Urban Area General Plan Mitigating Policies Pertinent to the Project Agricultural land-related mitigating policies pertinent to the proposed project are found on pages V-4- 4 to and V-4-8 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

No mitigation measures regarding agricultural lands from the Master EIR are required. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-thansignificant level. c. Project-Specific Effects
Section V-4.B of the Master EIR discloses the impacts resulting from the implementation of the Urban Area General Plan on agricultural lands. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect(s) not previously analyzed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:
#17..
- 904 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 17 May 12, 2023 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

4. EFFECTS ON AGRICULTURAL RESOURCES
1) The proposed project would be inconsistent with
the Urban Area General Plan policies relating to
agricultural resources.
2) The proposed project would convert areas of
Prime Farmland, Unique Farmland or Farmland of
Statewide Importance to non-agricultural uses,
impair the agricultural productivity of prime
agricultural land, or result in substantial pesticide
overspray, dust, or noise at urban uses.
3) The proposed project would conflict with existing
zoning for agricultural use, or with a Williamson Act
contract.
4) The proposed project would conflict with existing
zoning for, or cause rezoning of, forest land or
timberland.
5) The proposed project would result in the loss of
forest land or conversion of forest land to nonforest use. 6) The proposed project would involve other
changes to the environment that could result in
conversion of farmland or forest land.

Discussion:
(1) The area of the proposed rezone (located within Precise Plan Area No. 6, Subarea A of the Village One Specific Plan) is within the Planned Urbanizing Area and is currently not in agricultural production. The site is comprised undeveloped land and rural residential “ranchettes.” Additionally, the 2018 California Department of Conservation’s Important Farmland Map (the latest data available) designates this area of the Precise Plan as “Rural Residential” (R). Therefore, the project would not be inconsistent with the General Plan’s policies related to agricultural land. There is no impact. (2) As noted above, the 2018 Important Farmland Map designates the area as “Rural Residential”.

No farmlands designated as Prime, Unique or of Statewide Importance would be converted to non-agricultural purposes. No impact.
(3) The site is not zoned for agricultural uses and is not under a Williamson Act contract. No impact. (4-6) The project would not cause the rezoning of forest land or timberland. The project site is within an urbanized area not on or in the vicinity of any forest or timberland. No impact. #17..
- 905 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 18 May 12, 2023

5. INCREASED DEMAND FOR LONG-TERM WATER SUPPLIES
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on long-term water supplies expected after application of mitigating policies.

Direct Impacts
Effect: Implementation of the Urban Area General Plan could substantially deplete groundwater supply or interfere with recharge.

Effect: Implementation of the Urban Area General Plan could necessitate construction of new water treatment facilities, or expansion of existing facilities, the construction of which could cause significant environmental effects.

Effect: Implementation of the Urban Area General Plan could necessitate expansion of existing water supply entitlements.

Cumulative Impacts
Effect: Groundwater withdrawals from both subbasins by the City, when combined with other users’ withdrawals, may result in overdrafting.

Effect: Cumulative impacts resulting from construction of new water treatment facilities, or expansion of existing facilities, could cause significant environmental effects. b. Urban Area General Plan Mitigating Policies Applied to the Project Water supply-related mitigating policies pertinent to the proposed project are found on pages V-5-11 through V-5-16 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

No mitigation measures regarding water supply from the Master EIR are required. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
c. Project-Specific Effects
Section V-5.B of the Master EIR discloses impacts on long-term water supplies resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:
#17..
- 906 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 19 May 12, 2023 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

5. EFFECTS RELATIVE TO INCREASED

DEMAND FOR LONG TERM WATER SUPPLIES
1) The proposed project is inconsistent with the
Urban Area General Plan policies relating to water
supply.
2) The proposed project would substantially deplete
groundwater supply, interfere with groundwater
recharge, result in water demand exceeds the
capacity for recharge or that would contribute to
overdraft of the groundwater basins.
3) The proposed project would require or result in
the construction of new water treatment facilities or
expansion of existing facilities, the construction of
which could cause significant environmental effects.
4) The proposed project would exceed existing
water supply entitlements or require expansion of
entitlements.

Discussion:
(1) The project is consistent with the water supply policies in the General Plan. No impact. (2) The proposed project is consistent with the ground water demands assumed in the General Plan. The project would not have any effect on ground water recharge or depletion of longterm water supplies. (3-4) The project was referred to Land Development Engineering Staff who indicated no concerns with water supply to the project. The proposed development will not exceed estimates or water supplies needed to serve other entitlements and resources. No impact.

6. INCREASED DEMAND FOR SANITARY SEWER SERVICES
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on sanitary sewer services after application of mitigating policies.

Direct Impacts
Effect: Development resulting from implementation of the Urban Area General Plan may result in exceedance of wastewater treatment requirements of the Central Valley RWQCB. #17..
- 907 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 20 May 12, 2023 Effect: Development resulting from implementation of the Urban Area General Plan may require or result in construction of new wastewater facilities, or the expansion of existing facilities, that could cause significant effects.

Effect: Development resulting from implementation of the Urban Area General Plan may result in a finding that the wastewater treatment facilities do not have adequate capacity to serve the projected demand in addition to the provider’s existing commitments.

Cumulative Impacts
Effect: Development resulting from implementation of the Urban Area General Plan may result in cumulative effects similar to those described under “irect Impacts,” above. b. Urban Area General Plan Mitigating Policies Applied to the Project Sewer service-related mitigating policies that are relevant to the proposed project are found on pages V-6-3 through V-6-7 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

No mitigation measures regarding sanitary sewer services from the Master EIR are required. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-thansignificant level. c. Project-Specific Effects
Section V-6.B of the Master EIR discloses impacts on the Increased Demand for Sanitary Sewer Service resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

6. INCREASED DEMAND FOR SANITARY

SEWER SERVICES
1) The proposed project is inconsistent with
wastewater policies in the Urban Area General Plan,
or would exceed wastewater treatment
requirements of the Central Valley RWQCB.
2) The proposed project would require or result in
the construction of new wastewater facilities or the
expansion of existing facilities, beyond those
identified improvements needed to serve the
proposed project, which would cause significant
#17..
- 908 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 21 May 12, 2023 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
effects.
3) The proposed project would result in a finding
that the wastewater treatment facilities do not have
adequate capacity to serve the proposed project’s
projected demand in addition to the provider’s
existing commitments.

Discussion:
(1) The project involves the development of a nine-lot single-family residential subdivision. The project would be consistent with the General Plan’s policies relating to wastewater and conform to applicable City Zoning Codes and Standards. No impact. (2-3) The project would not generate sewage flows greater than estimates for a project of similar residential uses. The project was referred to Land Development Engineering, who indicated no concerns with the project. No impact.

7. LOSS OF SENSITIVE WILDLIFE AND PLANT HABITAT
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on sensitive wildlife and plant habitat expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant impacts on sensitive wildlife and plan habitat are expected to occur with the application of the policies contained in the Urban Area General Plan.

Cumulative Impacts
Effect: Implementation of the Urban Area General Plan will contribute to the cumulative impact of habitat loss in the San Joaquin Valley. Requiring increased density / intensity for new development than has occurred in the past, or that is expected in the future, would minimize the City’s contribution to the cumulative loss of habitat. Nonetheless, this is a significant and unavoidable impact. b. Urban Area General Plan Mitigating Policies Applied to the Project Wildlife and plant habitat-related mitigating policies that are pertinent to the proposed project are found on pages V-7-18 through V-7-25 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
#17..
- 909 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 22 May 12, 2023 Discussion:

The applicable mitigating policies to be applied to this project include SWPH-13 and SWPH-14, with regards to policies outlined in Table V-7-1-j and k from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level. c. Project-Specific Effects
Section V-7.B of the Master EIR discloses impacts on the Loss of Sensitive Wildlife and Plant Habitat resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

7. LOSS OF PLANT AND WILDLIFE HABITAT
1) The proposed project is inconsistent with the
Urban Area General Plan policies related to loss of
sensitive plant and wildlife habitat.
2) The proposed project would have a substantial
adverse effect, either directly or through habitat
modifications, on any species identified as a
candidate, sensitive or special-status species in local or regional plans, policies or regulations, or by the
California Department of Fish and Game or U.S. Fish
and Wildlife service.
3) The proposed project would have a substantial
adverse effect on any riparian habitat or other
sensitive natural community identified in local or
regional plans, policies or regulations, or by the
California Department of Fish and Game or U.S. Fish
and Wildlife service.
4) The proposed project would have a substantial
adverse effect on federally-protected wetlands as
defined by Section 404 of the Clean Water Act
(including, but not limited to, marshes, vernal pools,
coastal wetlands, etc.) through direct removal,
filling, hydrological interruption or other means.
5) The proposed project would interfere
substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife
corridors, or impede the use of native wildlife
nursery sites.
6) The proposed project would conflict with any
#17..
- 910 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 23 May 12, 2023 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
local policies or ordinances protecting biological
resources, such as a tree preservation policy or
ordinance.
7) The proposed project would conflict with the
provisions of an adopted habitat conservation plan,
natural community conservation plan, or other
approved local, regional, or state habitat
conservation plan.

Discussion:
(1) The project would not be inconsistent with the General Plan’s polices related to loss of sensitive plant and wildlife habitat. No impact.
(2) The project involves the division of 4.98 acres into nine single-family residential lots on rural residential properties located on what was originally identified as pastureland in the Biological Resources study of the Village One Specific Plan Program EIR (SCH No. 90020181). The EIR did not identify any special status species in the area of the project site; however, there is history of Burrowing Owls nesting in the vicinity of the site as recently as 2013, in a storm drain basin located at the northeast corner of Bear Cub Lane and Kodiak Drive. The owls were then passively relocated in 2013 in accordance with the California Department of Fish and Wildlife Guidelines in order to perform necessary improvements to the basin. There is also potential foraging habitat for the Swainson’s Hawk at the site, which is known to nest within the General Plan area in grassland, riparian and agricultural habitats. Implementation of the mitigation measures in Table V-7-1 from the MEIR would reduce the potential impact for either species to a less-than-significant level.
(3-4) The project site is not within a riparian corridor or biologically sensitive area as defined by Figures V-7-1a through V 7-1e of the MEIR. No impact.
(5) The project would not interfere with the movement of native migratory fish or wildlife species.

No impact.
(6) The project would not conflict with a local policy or ordinance protecting biological resources.

The city does not have a tree preservation ordinance. No impact. (7) The proposed project would not conflict with any adopted habitat conservation plan, natural community conservation plan, or other approved local, regional, or state habitat conservation plan. No impact.

8. DISTURBANCE OF ARCHAEOLOGICAL / HISTORICAL SITES
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on archaeological / historical sites expected after application of mitigating policies. #17..
- 911 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 24 May 12, 2023 Direct Impacts
Effect: Modification resulting in a substantial adverse change in the significance of a historically relevant resource, or the demolition of a listed or eligible historically relevant resource.

Cumulative Impacts
Effect: No additional cumulative impacts were disclosed in the Master EIR. The Direct impact described above could also result in a significant cumulative impact. b. Urban Area General Plan Mitigating Policies Applied to the Project Archaeological or historic resource-related mitigating policies that are pertinent to the project being analyzed in this Initial Study are found on page V-8-16 through V-8-25 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.” Discussion:

The applicable mitigating policies to be applied to this project include: none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
Section V-8.B of the Master EIR discloses impacts on archaeological / historical resources resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in any new, significant, project-specific effect(s) not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

8. ARCHAEOLOGICAL / HISTORICAL SITES
1) The proposed project is inconsistent with the
Urban Area General Plan archaeological / historical
resource policies.
2) The proposed project would result in a
modification that would result in a substantial
adverse change in the significance of the resource
or demolition of a listed or eligible historic resource. 3) The proposed project would have an adverse
effect on any structure more than 50 years old that
has been determined to have historical significance
per policy AH-8 as shown in the Master EIR.
#17..
- 912 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 25 May 12, 2023 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
4) The proposed project would involve the removal
of known significant resources.
5) The proposed project would result in an adverse
impact to undiscovered archaeological and/or
paleontological resources.
6) The proposed project would cause a substantial
adverse change to a tribal cultural resource, as
defined by State law, that is listed (or is eligible for listing) in the California Register of Historical
Resources (or a local register of historical
resources), or that otherwise has potential
significance to a California Native American Tribe,
including human remains.

Discussion:
(1) The project would not be inconsistent with General Plan policies pertaining to archaeological or historic resources. No impact.
(2-6) The project site is comprised of rural residential properties and is zoned for residential uses.

The site is surrounded by single-family residential uses and the Enochs High School to the north.

The site is not classified as being of state or federal historic status nor is eligible for listing for such status. No impact.

9. INCREASED DEMAND FOR STORM DRAINAGE
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on storm drainage expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
Effect: Existing drainage inadequacies, combined with the associated increase in impervious surface areas created by pavement and structures, have the potential to increase the rate or amount of runoff in a manner that could result in flooding in the urban area. Cumulative hydrologic impacts of storm water flows from Modesto’s urban areas and other areas of the County could occur due to the fixed capacity of MID and TID irrigation canals to convey drainage west to the San Joaquin River. If drainage channels in some areas prove insufficient to handle the increased drainage discharges, existing storm water runoff from urban and agricultural areas during large storm events would have to be interrupted until water levels receded to a point allowing the resumption of discharges to the channel. Ceasing #17..
- 913 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 26 May 12, 2023 discharges to drainage channels could cause inundation in and around the drainage conveyance pipeline systems, surface drainage channels, detention basins, and other urban areas. This cumulative impact is considered significant and unavoidable.
b. Urban Area General Plan Mitigating Policies Applied to the Project Storm Drainage-related mitigating policies that are pertinent to the project being analyzed in this Initial Study are found on pages V-9-4 through V-9-8. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

The appropriate mitigating policies to be applied to this project include: SD-10 from the Master EIR.

No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
c. Project-Specific Effects
Section V-9.B of the MASTER EIR discloses impacts on the demand for storm drainage resulting from development of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

9. INCREASED DEMAND FOR STORM

DRAINAGE
1) The proposed project is inconsistent with the
Urban Area General Plan storm drainage policies.
2) The proposed project would substantially
increase the rate or amount of surface runoff in a
manner that would result in on- or off-site flooding.
3) The proposed project would create or contribute
runoff water that would exceed the capacity of
existing or planned storm drainage systems or
provide substantial additional sources of polluted
runoff.

Discussion:
(1) Storm water from the project area is proposed to be routed to existing facilities in Hillglen Avenue, Millbrook Avenue, and Roselle Avenue. Staff has determined that there is enough capacity in the existing storm system surrounding the site to serve the project. All infrastructure improvements would be in accordance to City Standards. No impact. #17..
- 914 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 27 May 12, 2023 (2) The project would not substantially increase the rate of surface runoff. No impact. (3) Land Development Engineering staff has concluded that there is sufficient capacity in the storm facilities to the north to handle development of the proposed project. The impact of this project is less than significant.

10. FLOODING AND WATER QUALITY
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on flooding and water quality expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project Flooding and Water Quality-related mitigating policies that are pertinent to the project being analyzed in this Initial Study are found on pages V-10-7 through V-10-10 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.” Discussion:

The appropriate mitigating policies to be applied to this project include: FWQ-11 from the Master EIR.

No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
c. Project-Specific Effects
Section V-10.B of the Master EIR provides analysis of Flooding and Water Quality impacts of development of the General Plan, the following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not previously analyzed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

10. FLOODING AND WATER QUALITY
1) The proposed project is inconsistent with the
#17..
- 915 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 28 May 12, 2023 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
flooding and water quality policies in the Urban
Area General Plan.
2) The proposed project would place housing within
a 100-year flood hazard area.
3) The proposed project would place structures
within a 100-year floodplain as defined by FEMA.
4) The proposed project would expose people or
structures to a significant risk of loss, injury or
death including flooding as a result of the failure of
a levee or dam.
5) The proposed project would substantially alter
the existing drainage pattern of the site or area or
the course of a stream or river that would result in
flooding onsite or offsite.
6) The proposed project would violate water quality
standards, including groundwater standards
administered by the SWRCB’s DDW, standards for
surface water quality such as the NPDES or waste
discharge requirements.
7) The proposed project would substantially alter
the existing drainage pattern of the site or area or
the course of a stream or river in a manner that
would result in substantial erosion or siltation onsite or offsite.
8) The proposed project would create or contribute
runoff water that would provide substantial
additional sources of polluted runoff or substantially
increase the rate or amount of surface runoff in a
manner that would result in flooding onsite or
offsite.

Discussion:
(1) The proposed project proposes to establish circulation and utility plans to route stormwater lines to existing lines in Hillglen Avenue, Millbrook Avenue and Roselle Avenue. The project would not be inconsistent with the flooding and water quality policies in the Urban Area General Plan.

No impact.
(2-3) The project site is not within a 100-year flood hazard zone as established by the Federal Emergency Management Agency (FEMA) Flood Rate Insurance Map 06099C0335E dated September 26, 2008. No impact.
(4) The site is not in the vicinity of a levee or dam. The nearest waterway is Dry Creek approximately two miles to the south. No impact.
#17..
- 916 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 29 May 12, 2023 (5, 7) The project would not alter the existing drainage pattern of the site, area or a watercourse in a manner that would result in erosion or siltation. The impact of this project is less than significant. (6) The project would not violate water quality standards. (8) The project would not increase the rate or amount of surface runoff.

11. INCREASED DEMAND FOR PARKS AND OPEN SPACE
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on parks and open space expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project Parks and open space-related mitigating policies that are pertinent to the proposed project are found on pages V-11-2 through V-11-8 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

No mitigation measures regarding parks and open land from the Master EIR are required. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-thansignificant level. c. Project-Specific Effects
Section V-11.B of the MASTER EIR discloses impacts of the Urban Area General Plan on parks and open space. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds.

Project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

11. INCREASED DEMAND FOR PARKS AND

OPEN SPACE
#17..
- 917 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 30 May 12, 2023 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
1) The proposed project is inconsistent with the
Urban Area General Plan parks and open space
policies.
2) The proposed project would eliminate parks or
open space.
3) The proposed project would not provide at least
three (3) total acres of parkland and open space per
1,000 people (one acre for neighborhood park
facilities; two acres for community park facilities).

Discussion:
(1) The project is consistent with the parks and open space policies in the General Plan. No impact.
(2) The project would not eliminate an existing park or designated open space. The project site is comprised of rural residential properties and is zoned for residential uses. No impact. (3) Parks Planning staff indicated no concerns with the project with regards to provision of parkland. The site is within 0.25 miles of Ustach Park, a 17-acre community park. The project would have no impact.

12. INCREASED DEMAND FOR SCHOOLS
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on school facilities expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR. By statute, the impact of new students is considered to be mitigated below a level of significance by payment of school impact fees and the exercise of any or all of the financing options set out in Government Code Section 65997.

Cumulative Impacts
Effect: Similar to direct impacts resulting from implementation of the Urban Area General Plan, no residual significant direct impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project Mitigation relies upon the implementation of the policies in place under the Modesto Urban Area General Plan. As long these policies are applied to all subsequent projects, no new mitigation is necessary.

Further, payment of school impact fees and compliance with SB 50 is statutorily deemed to be full #17..
- 918 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 31 May 12, 2023 mitigation of school impacts (Government Code Section 65995).

Schools-related mitigating policies that are relevant to the proposed project can be found on pages V12-3 through V-12-5 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

No mitigation measures regarding schools from the Master EIR are required. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
c. Project-Specific Effects
Section V-12.B of the Master EIR discloses impacts resulting from implementation of the Urban Area General Plan associated with increased demand for schools. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

12. INCREASED DEMAND FOR SCHOOLS
1) The proposed project is inconsistent with Urban
Area General Plan school policies.
2) The proposed project would result in new
student population that exceeds the school system
capacity, or if the project conflicts with established
educational uses of the area, except to the limits
established under SB50 / Proposition 1A as
subsequently amended.

Discussion:
(1) The project is consistent with the polices relating to schools in the General Plan. No impact. (2) The project was referred to the Sylvan Elementary and Modesto City Schools District, who have not indicated concerns with the project. No impact.

13. INCREASED DEMAND FOR POLICE SERVICES
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on police services expected after application of mitigating policies.
#17..
- 919 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 32 May 12, 2023 Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project Police services-related mitigating policies that are pertinent to the proposed project are found on pages V-13-2 through V-13-5 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

No mitigation measures regarding police services from the Master EIR are required. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-thansignificant level. c. Project-Specific Effects
Section V-13.B of the Master EIR discloses impacts on police services resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

13. INCREASED DEMAND FOR POLICE

SERVICES
1) The proposed project is inconsistent with Urban
Area General Plan policies relating to police service.
2) The proposed project would result in
development occurring in an area(s) that cannot be
adequately served by existing or budgeted police
personnel and facilities.

Discussion:
(1) The project would not be inconsistent with the policies relating to police services in the General Plan. No impact.
(2) The project was referred to the Modesto City Police Department, who indicated no concerns with the project. No impact.
#17..
- 920 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 33 May 12, 2023

14. INCREASED DEMAND FOR FIRE SERVICES
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on fire services expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project Fire Services-related mitigating policies pertinent to the project being analyzed in this Initial Study are found on pages V-14-3 through V-14-5 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

No mitigation measures regarding fire services from the Master EIR are required. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
c. Project-Specific Effects
Section V-14.B of the Master EIR discloses impacts on fire services resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

14. INCREASED DEMAND FOR FIRE

SERVICES
1) The proposed project is inconsistent with Urban
Area General Plan policies relating to fire service.
2) The proposed project would result in any
substantial adverse impact(s) associated with the
need for – and/or provision of – new or physically
altered fire service facilities, the construction of
#17..
- 921 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 34 May 12, 2023 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
which could cause significant environmental
impacts, in order to maintain acceptable response
times.

Discussion:
(1) The project would not be inconsistent with the policies relating to fire services in the General Plan. No impact.
(2) The project was referred to the Modesto City Fire Department, who indicated no concerns with the project. No impact.

15. GENERATION OF SOLID WASTE
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on solid waste expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project Solid waste-related mitigating policies that are pertinent to the proposed project are found on pages V15-4 through V-15-5 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

No mitigation measures regarding solid waste from the Master EIR are required. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
c. Project-Specific Effects
Section V-15.B of the Master EIR discloses solid waste impacts resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR. #17..
- 922 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 35 May 12, 2023 Significance Criteria: Determination of project effects will be based on the following thresholds.

Project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

15. GENERATION OF SOLID WASTE
1) The project is inconsistent with the solid waste
policies in the Urban Area General Plan.
2) The project would result in solid waste
generation that exceeds the projected capacity of
existing landfills and waste-reduction facilities, or if it would result in non-compliance with any federal,
state or local statutes or regulations related to solid waste.

Discussion:
(1) The project would not be inconsistent with the solid waste policies in the Urban Area General Plan. No impact.
(2) The project would not exceed the projected capacity of existing landfills or result in noncompliance with any federal, state or local statutes or regulations related to solid waste. No impact.

16. GENERATION OF HAZARDOUS MATERIALS
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts regarding hazardous materials expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project Hazardous materials-related mitigating policies that are pertinent to the proposed project are found on pages V-16-5 through V-16-10 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
#17..
- 923 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 36 May 12, 2023 Discussion:

The appropriate mitigating policies to be applied to this project include: HM-5 and HM-8 from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
c. Project-Specific Effects
Section V-16.B of the Master EIR discloses impacts on hazardous materials resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

16. HAZARDS AND HAZARDOUS MATERIALS
1) The proposed project is inconsistent with the
Urban Area General Plan hazards and hazardous
materials policies.
2) The proposed project would create a significant
hazard to the public or the environment through the
routine transport, use or disposal of hazardous
materials, or through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment.
3) The proposed project would result in hazardous
materials emissions or handle hazardous materials,
substances, or waste within one-quarter mile of an
existing or proposed school.
4) The proposed project would be located on a site
that is included on a list of hazardous materials sites compiled pursuant to Government Code Section
65962.5 and, as a result, would create a significant
hazard to the public or environment.
5) For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two (2) miles of a public airport or public use
airport, would result in a safety hazard for people
residing or working in the project area.
6) For a project within the vicinity of a private
airstrip, a safety hazard would result for people
residing or working in the project area.
7) The proposed project would impair
implementation of or physically interfere with an
adopted emergency response plan or emergency
#17..
- 924 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 37 May 12, 2023 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
evacuation plan.
8) The proposed project would expose people or
structures to a significant risk of loss, injury or
death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands.

Discussion:
(1) The project would not be inconsistent with the hazardous materials policies in the General Plan.

No impact.
(2) No hazardous materials will be involved with the project. No impact. (3) The project site is located adjacent to Enochs High School at Sylvan Avenue. The project is residential in nature and would not result in hazardous materials emissions or waste. No impact. (4) The site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and as a result, would not create a significant hazard to the public or the environment. No impact.
(5-6) The site is not within an airport land use plan nor in the vicinity of any airports or private airfields.

No impact.
(7) The project would not interfere with an adopted emergency response or evacuation plan. No impact.
(8) The project site is not located near any wildland areas nor is at risk for wildland fire. No impact.

17. GEOLOGY, SOILS, AND MINERAL RESOURCES
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts related to geology, soils, and mineral resources expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project #17..
- 925 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 38 May 12, 2023 Geology, soils, and mineral resource-related mitigating policies that are pertinent to the proposed project are found on pages V-17-7 through V-17-10 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.” Discussion:

No mitigation measures regarding geologic resources from the Master EIR are required. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-thansignificant level. c. Project-Specific Effects
Section V-17.B of the Master EIR discloses geology, soils, and mineral resource impacts resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds.

Project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

17. GEOLOGY, SOILS, AND MINERAL

RESOURCES
1) The project is inconsistent with policies relating
to geology, soils, and mineral resources contained
in the Urban Area General Plan.
2) The proposed project would expose people or
structures to potential substantial adverse effects
including: the risk of loss, injury, or death involving fault rupture, strong seismic activity; location on an
expansive soil; loss of topsoil; or, result in the loss of availability of known mineral resources that
would be of value to the region and the state.

Discussion:
(1) The project would not be inconsistent with policies relating to geology, soils, and mineral resources in the General Plan. No impact.
(2) The project would not be located on soil that is unstable, or that would become unstable as a result of the project. There are no known mineral resources of value to the region and the state on the property. No impact.

18. ENERGY
a. Significant Effects Identified in the Master EIR
#17..
- 926 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 39 May 12, 2023 The Master EIR discloses the following residual significant and unavoidable impacts pertaining to energy expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project The following energy-related mitigating policies that are pertinent to the proposed project are found on pages V-18-2 and V-18-3 in the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

No mitigation measures regarding energy from the Master EIR are required. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
c. Project-Specific Effects
Section V-18.B of the Master EIR discloses impacts of implementing the Urban Area General Plan on energy resources. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

18. ENERGY
1) The proposed project is inconsistent with policies
relating to energy in the Urban Area General Plan.
2) The proposed project would result in energy
consumption during construction, operation,
maintenance, or removal that is more wasteful,
inefficient, and unnecessary than assumed in the
Urban Area General Plan.

Discussion:
(1) The project would not be inconsistent with the energy policies in the General Plan. No impact. #17..
- 927 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 40 May 12, 2023 (2) The project would not result in energy consumption during construction, operation, maintenance or removal that is more wasteful, inefficient and unnecessary than assumed in the General Plan. No impact.

19. EFFECTS ON VISUAL RESOURCES
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on visual resources expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
Effect: No additional cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project The following visual resources-related mitigating policies pertinent to the proposed project are found on pages V-19-2 and V-19-3 in the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

No mitigation measures regarding visual resources from the Master EIR are required. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-thansignificant level. c. Project-Specific Effects
Section V-18.B of the Master EIR discloses impacts of implementing the Urban Area General Plan on visual resources. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

19. VISUAL RESOURCES
1) The proposed project is inconsistent with the
Urban Area General Plan visual resource policies.
#17..
- 928 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 41 May 12, 2023 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
2) The proposed project would have a substantial
adverse effect on a scenic vista.
3) The proposed project would substantially
damage scenic resources, including trees, rock
outcrops, and/or historic buildings along a state
scenic highway.
4) The proposed project would substantially
degrade the existing visual character or quality of
the site and its surroundings.
5) The proposed project would create a new source
of substantial light or glare that would adversely
affect daytime or nighttime views.
6) The proposed project would substantially
degrade views from riverside areas and parks.
7) The proposed project would substantially
degrade views of riverside areas from public
roadways and/or nearby properties.

Discussion:
(1) The project would not be inconsistent with the policies relating the visual resources in the General Plan. No impact.
(2) The project would not have an adverse impact on a scenic vista. The site is located within the Planned Urbanizing Area of the City and is comprised of rural residential ranchettes, with Enochs High School located to the north and existing single-family residential homes located to the south, east and west. No impact.
(3-4) The project would not impact scenic resources, nor degrade the existing visual character or quality of the site and its surroundings. No impact.
(5) The project would not cause substantial light or glare. No impact. (6) The project would not impact views from riverside areas and parks. The nearest riverside area or park is Dry Creek one mile to the south. No impact.
(7) The project would not impact views of riverside areas from roadways or nearby properties. No impact.

20. LAND USE AND PLANNING
a. Significant Effects Identified in the Master EIR
#17..
- 929 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 42 May 12, 2023 The Master EIR discloses the following residual significant and unavoidable impacts pertaining to land use and planning expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Master EIR and/or New Mitigation Measures Applied to the Project The following land use and planning-related mitigating policies pertinent to the proposed project are found on pages V-20-5 through V-20-12 in the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

No mitigation measures regarding land use and planning from the Master EIR are required. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-thansignificant level. c. Project-Specific Effects
Section V-20.B of the Master EIR discloses impacts of implementing the Urban Area General Plan on land use and planning. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

20. LAND USE AND PLANNING
1) The proposed project is inconsistent the Urban
Area General Plan land use and planning policies.
2) The proposed project contains elements that
would physically divide an established community in
a way not assumed in the Urban Area General Plan.
3) The proposed project conflicts with a land use
plan, policy or regulation established for the
purpose of avoiding or mitigating an environmental
impact by an agency that has jurisdiction over the
proposed project.
#17..
- 930 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 43 May 12, 2023 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
4) The proposed project conflicts with an applicable
habitat conservation plan or natural community
conservation plan.

Discussion:
(1) The site is designated as Low Density Residential (R), and the proposed nine-lot (with each lot being not less than 0.5 acres), single-family residential subdivision is consistent with this Land Use Designation and the requirements of the Village One Specific Plan. The approval of the zone change and approval of the tentative subdivision map is consistent with the General Plan Land Use designation and the specific plan. No impact.
(2) The project would not divide an established community. No impact. (3) The project does not conflict with the land use plan, policies and regulations of the City of Modesto designed to mitigate project impacts. No impact. (4) The project does not conflict with applicable habitat conservation plans or natural community conservation plans. No impact.

V. APPLICABLE URBAN AREA GENERAL PLAN MITIGATING POLICIES A. No New or Additional Mitigation Measures or Alternatives Required Where the project’s effects would exceed the significance criteria for each environmental impact category, a mitigated negative declaration or Focused EIR must be prepared.

Staff has reviewed the project against the significance criteria thresholds established in the Master EIR for all environmental impact categories in this Initial Study, and has determined there are no new significant effects, and that a mitigated negative declaration or Focused EIR is not required.

B. Urban Area General Plan Mitigating Policies Applied to the Project Pursuant to Public Resources Code Section 21157.1(c), in order for a Finding of Conformance to be made, all appropriate mitigating policies from the Master EIR shall be incorporated into the proposed project. The Urban Area General Plan Policies that mitigate impacts shall be made part of the proposed project prior to approval by means of conditions of project approval or incorporation into the appropriate document or plan. The applicable and appropriate mitigating policies from the Master EIR that have been applied to the project are listed below by category.

1. Traffic and Circulation.

No mitigating measures regarding traffic and circulation from the Master EIR are required.

2. Air Quality and Greenhouse Gases:
#17..
- 931 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 44 May 12, 2023 The following mitigating measures regarding Air Quality and Greenhouse Gas Emission from the Master EIR are required.

AQ-100. Reduce particulate emissions from construction, grading, excavation, and demolition to the maximum extent feasible in accordance with the requirements of SJVAPCD Regulation VIII. Regulation VIII was adopted to reduce the amount of particulate matter suspended in the atmosphere as a result of emissions generated from anthropogenic (man-made) fugitive dust sources. (Policy VII.H.2.jj) AQ-103. Effectively stabilize dust emissions using water, chemical stabilizer / suppressant, cover with a tarp or other suitable cover or vegetative ground cover, all disturbed areas, including storage piles, which are not being actively utilized for construction purposes. (Policy VII.H.2.mm) AQ-105. Effectively control fugitive dust emissions utilizing application of water or by presoaking all land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill, and demolition activities. (Policy VII.H.2.oo)
AQ-107. When materials are transported off site, cover all materials, or effectively wet them to limit visible dust emissions, and maintain at least six inches of freeboard from top of container. (Policy VII.H.2.qq)
AQ-108. Limit operations or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday (the use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions.) (Use of blower devices is expressly forbidden.) (Policy VII.H.2.rr)
AQ-109. Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, effectively stabilize said piles for fugitive dust emissions utilizing sufficient water or chemical stabilizer / suppressant. (Policy VII.H.2.ss) AQ-110. Within urban areas, immediately remove trackout when it extends 50 or more feet from the site and at the end of each workday. (Policy VII.H.2.tt) AQ-113. Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent (1%). (Policy VII.H.2.ww) AQ-114. Install wheel washers for all exiting trucks, or wash all trucks and equipment leaving the site. (Policy VII.H.2.xx)
AQ-115. Install wind breaks at windward side(s) of construction areas. (Policy VII.H.2.yy) AQ-116. Suspend excavation and grading activity when winds exceed 20 mph (regardless of windspeed, an owner/operator must comply with Regulation VIII’s 20 percent opacity limit). (Policy VII.H.2.zz)

3. Noise and Vibration:

Noise-4. Implement noise-reducing construction practices as conditions of approval where substantial construction-related noise impacts would be likely to occur, such as with extended periods of pile driving, or where construction is expected to continue or where sensitive receptors would be affected by construction noise. Conditions of approval may include, but are not limited to:
◦ Require construction equipment, including air compressors and pneumatic equipment to have properly maintained mufflers;
#17..
- 932 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 45 May 12, 2023 ◦ Require impact tools to be equipped with shrouds or shields; ◦ Require that the quietest equipment available be used; and, ◦ Require selection of haul routes that affect the fewest number of people. (Policy VII-G.3.b) Noise-7. Incorporate construction practices and acoustic treatment in new residential construction to reduce typical indoor noise levels to 45 dB. Developers of residential buildings within the 65 dBA contours shown in the General Plan Master EIR shall demonstrate that interior noise has been reduced to 45 dB. Other types of development should be protected against noise intrusion at least to the levels indicated on UAGP Table VII-2. (Policy VII-G.3.e)

4. Effects on Agricultural Lands:

No mitigating measures regarding Agricultural Lands from the Master EIR are required.

5. Increased Demand for Long-Term Water Supplies:

No mitigating measures regarding Long-term Water Supplies from the Master EIR are required.

6. Increased Demand for Sanitary Sewer Services:

No mitigating measures regarding Sanitary Sewer Services from the Master EIR are required.

7. Loss of Sensitive Wildlife and Plant Habitat:

SWPH-13. For proposed development consistent with the adopted Urban Area General Plan on lands within the Baseline Developed Area and Downtown, exclusive of lands within the Dry Creek and Tuolumne River Comprehensive Planning Districts, an assessment of whether any potential habitat for special-status species is present within proposed development areas shall be made. No further biological study is warranted unless habitat is present or if specific information concerning the known or potential presence of significant biological resources is identified in future updates of the California Natural Diversity Database, or through formal or informal input received from resource agencies or other qualified sources (Policy VII-E.2[a]).

SWPH-14. Additional measures to protect sensitive habitats may be implemented. Potential measures to be implemented may include measures listed in Table V-7-1 in the General Plan MEIR.

8. Disturbance of Archaeological / Historic Sites:

No mitigating measures regarding archaeological/historical sites from the Master EIR are required.

9. Increased Demand for Storm Drainage:

SD-10. Construction activities shall comply with the requirements of the City’s Stormwater Management Plan under its municipal NPDES stormwater permit, and the State Water Resources Control Board’s General Permit for Discharges of Storm Water Associated with Construction Activity. (Policy VI.G.3)

10. Flooding and Water Quality:

FWQ-11. Construction activities shall comply with the requirements of the City’s Storm Water Management Plan under its municipal NPDES stormwater permit, and the State Water Resources #17..
- 933 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 46 May 12, 2023 Control Board’s General Permit for Discharges of Storm Water Associated with Construction Activity. (Policy VI.G.3)

11. Increased Demand for Parks and Open Space:

No mitigating measures regarding parks and open space from the Master EIR are required.

12. Increased Demand for Schools:

No mitigating measures regarding demand for schools from the Master EIR are required.

13. Increased Demand for Police Services:

No mitigating measures regarding demand for police services from the Master EIR are required.

14. Increased Demand for Fire Services:

No mitigating measured regarding demand for fire services from the Master EIR are required.

15. Generation of Solid Waste:

No mitigating measures regarding solid waste from the Master EIR are required.

16. Generation of Hazardous Materials:

HM-5. In the event that site inspection or construction activities uncover chemical contamination, underground storage tanks, abandoned drums, or other hazardous materials or wastes at a parcel, the inspection report preparer shall so notify the City. The City shall notify the County Health Services Department. Under the direction of these agencies, a site remediation plan would be prepared by the project applicant.

The plan would (1) specify measures to be taken to protect workers and the public from exposure to potential site hazards and (2) certify that the proposed remediation measures would clean up the wastes, dispose the wastes, and protect public health in accordance with federal, state, and local requirements. Permitting or work in the areas of potential hazard shall not proceed until the site remediation plan is on file with the City.

If a parcel is found to be contaminated to a level that prohibits the proposed use, the potential for reduction of the hazard should be evaluated. Site remediation is theoretically capable of removing hazards to levels sufficiently low to allow any use at the site. In practice, both the technical feasibility of the remediation and its cost (financial feasibility) should be evaluated in order to determine the overall feasibility of locating a specific use on a specific site. In some cases, it may require restriction to industrial use or a use that involves complete paving and covering of the parcel.

In accordance with OSHA requirements, any activity performed at a contaminated site shall be preceded by preparation of a separate site health and safety plan (prepared by the project applicant and filed with the City) for the protection of workers and the public. All reports, plans, and other documentation shall be added to the administrative record. (Policy VI.M.3) HM-8. Applicants for building permits should determine that a site containing or formerly containing residences or farm buildings / structures has been fully investigated for the presence of hazardous #17..
- 934 -
RZN-23-002/TSM-22-003 Initial Study EA No. 2022-22
City of Modesto General Plan Master EIR 47 May 12, 2023 materials or wastes prior to issuance of the permit. Investigation should consist of, at minimum, a Phase I environmental site assessment and a Phase II site assessment, if found necessary as a result of the Phase I assessment. The findings of the site assessment should be reported to the City and the County’s Department of Environmental Resources. The appropriate remediation should occur prior to final occupancy of the approved development. (Policy VI.M.6)

17. Geology, Soils, and Mineral Resources:

No mitigating measures regarding geology, soils, and mineral resources from the Master EIR are required.

18. Energy:

No mitigating measures regarding energy from the Master EIR are required.

19. Effects on Visual Resources:

No mitigating measures regarding visual resources from the Master EIR are required.

20. Land Use and Planning:

No mitigating measures regarding land use and planning from the Master EIR are required. #17..
- 935 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 8, 2023
Date: July 3, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Non-Emergency Transport Application for NorCal Ambulance CONTACT: Bob Meredith, Lieutenant, [email protected], 209-572-9500 DESCRIPTION:

Hearing to consider approving the Application and Issuance of a Permit to Operate as a NonEmergency Medical Transport Company to NorCal Ambulance in the City of Modesto. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

This item is related to the 2020-2025 Strategic Plan goal of improving community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues. (Goal A of Quality of Life Goals and Strategies) BACKGROUND:

The City allows non-emergency medical transport companies to apply for a non-emergency transport permit. In addition to the application, the transport company is required to pay a filing fee of $1,000 and provide all the necessary documents and information as outlined in Modesto Municipal Code 3-9.01 to 3-9.20. Once the application, documentation, and necessary fees have been received by the Modesto Police Department (MPD), a background investigation must be completed by the department. Upon successful completion of the background investigation, the application proceeds to a hearing before the City Council to determine whether the public convenience and necessity require the proposed services. The Council must grant the applicant a permit upon making the following findings:
(a) That the vehicles described in the application and proposed to be used are appropriate for the purpose of nonemergency transport;
(b) That the color scheme, insignia, name, monogram or other distinguishing characteristics proposed to be used upon such nonemergency transport vehicles is not in conflict with and do not imitate any color scheme, insignia, name, monogram or other distinguishing characteristics used by any other person, in such manner as to mislead or tend to mislead, deceive, or defraud the public;
#18..
- 936 -
City Council, August 8, 2023
Non-Emergency Transport Application for NorCal Ambulance

(c) That the applicant is fit, willing and able to perform nonemergency transport service and to conform to the provisions of this chapter, and such rules and regulations as may be promulgated by the Council. In making such findings, the Council shall take into consideration the character, experience, and responsibility of the applicant; (d) That the proposed nonemergency transport service is required by the public convenience and necessity. In making such finding, the Council shall take into consideration the number of nonemergency transport vehicles already in operation, whether existing nonemergency transport service is adequate to meet public need, and the probable effect of increased nonemergency transport service on local traffic conditions; and (e) None of the factors enumerated in Section 3-9.07 of the Modesto Municipal Code exist, such as misleading color schemes, disqualifying background factors, and proof of insurance.

After approval from Council has been provided, the permit will be issued by the Modesto Police Department.

Currently there are ten permitted ambulance companies in Modesto to provide non-emergency transport: America West Medical, Amwest Ambulance, Bay Medic Transportation, Citizens Medical Transport, Heavenly Medical Transport LLC, MacIntosh Transport LLC, Quality Care, Provident Senior Solutions Inc, Rose Medical Transportation and Star Nonemergent Transportation.

DISCUSSION:

NorCal Ambulance applied to operate a non-emergency medical transportation service in the City of Modesto. NorCal Ambulance has paid the $1,000 filing fee to cover administrative, investigative, and other incidental costs associated with the application and have provided all necessary information as outlined in Sections 3-9.01 to 3-9.20 of the Modesto Municipal Code.

Photos of the proposed vehicles are provided. They depict vehicles that are appropriate for their intended use, and the vehicle color and markings are not misleading. In reviewing the application and subsequent background, it appears the applicant is capable of performing the proposed services, and these services benefit the public convenience and necessity based on the number of licensed providers currently operating in the city. There are no disqualifying factors at this time.

The MPD concluded the required background investigation on NorCal Ambulance indicating the applicant has complied with the requirements contained in the Modesto Municipal Code 3-9.01 through 3-9.20 and recommended to staff to proceed with Council approval to issue the operational permit.

FISCAL IMPACT:

NorCal Ambulance will be required to obtain a City Business license and renew it annually – which currently costs $75 and includes a $4 fee to the State of California for Disability Act AB1379.

Additionally, NorCal Ambulance will be required to pay mill tax, which is currently at a rate of

0.002, on their gross receipts while operating in the City. Fees and mill tax paid to the City are revenue to the General Fund.
#18..
- 937 -
City Council, August 8, 2023
Non-Emergency Transport Application for NorCal Ambulance

COMMITTEE RECOMMENDATION:

This was presented to the Safety & Communities Committee on June 12, 2023, and was recommended to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Application of NorCal Ambulance, and authorizing the Issuance of a Permit to Operate as a Non-Emergency Medical Transport Company in the City of Modesto.

Approved by:

Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
Attachments:

1. Resolution
#18..
- 938 -
08/08/2023/MPD/BMeredith/Item 18 1 2023-372

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-372

RESOLUTION APPROVING THE APPLICATION OF NORCAL AMBULANCE

AND AUTHORIZING THE ISSUANCE OF A PERMIT TO OPERATE AS A

NON-EMERGENCY MEDICAL TRANSPORT COMPANY IN THE CITY OF

MODESTO
WHEREAS, NorCal Ambulance has submitted an application to provide non-emergency medical transport services within the City of Modesto; and WHEREAS, the City allows non-emergency medical transport companies to apply for a non-emergency transport permit; and
WHEREAS, once the application, documentation, and necessary fees have been received by the Modesto Police Department (MPD), a background investigation must be completed by the department; and
WHEREAS, the Modesto Police Department has completed background investigations regarding NorCal Ambulance, per Modesto Municipal Code Section 3-9.05; and
WHEREAS, Council approval is required for NorCal Ambulance to function as a non-emergency medical transport service provider within the City of Modesto; and
WHEREAS, a duly noticed public hearing was held by the City Council of the City of Modesto on August 8, 2023, at 5:30 p.m. in the Tenth Street Place Chambers located at 1010 Tenth Street, Modesto, California, to consider authorizing the issuance of a permit to NorCal Ambulance for a non-emergency medical transport service within the City of Modesto; and #18..
- 939 -
08/08/2023/MPD/BMeredith/Item 18 2 2023-372
WHEREAS, Modesto City Council finds that NorCal Ambulance will serve the public convenience and necessity requirements.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the application of NorCal Ambulance and issues NorCal Ambulance a permit to operate as a non-emergency medical transport company in the City of Modesto.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 8th day of August, 2023, by Councilmember Wright, who moved its adoption, which motion being duly seconded by Councilmember Alvarez, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _____________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#18..
- 940 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 8, 2023
Date: July 25, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Vacant Building Modesto Municipal Code Amendment CONTACT: Brian Kleiber, Lieutenant, [email protected] 209-572-9500 DESCRIPTION:

Hearing to consider an Ordinance amending Sections of Article 6 “Vacant and Boarded Buildings” of Title 9 “Building Regulations”, Chapter 9, “Property Maintenance Code,” of the Modesto Municipal Code, to enhance maintenance and security of vacant buildings and establishing a tiered fee schedule for the registration of vacant commercial buildings. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

The subject ordinance is consistent with Modesto City Council’s Strategic Commitment: Goal B, “Invest in Beautification Efforts”, Strategy 1 Evaluate the City’s property maintenance and nuisance abatement codes as well as the code compliance process by striving to ensure that vacant buildings do not become blighted and neglected thereby discouraging economic development.

BACKGROUND:

In May of 2009, the City of Modesto adopted Article 6, Vacant and Boarded Buildings, of Chapter 9, Property Maintenance Code, to support the upkeep and expectations of the community to avoid tagging, theft, and fire damage contributing to blight conditions for surrounding properties. The current requirements were added by Ordinance No. 3512 and became effective June 12, 2009; however, there have been several recent incidents where vacant commercial buildings were not maintained and secured by the property owner and the buildings became attractive to criminals. Subsequently, those buildings suffered from tagging, theft, and fire damage contributing to blight conditions for the surrounding properties. The Neighborhood Preservation Unit has limited resources and cannot provide the staff to continuously monitor vacant buildings on behalf of building owners. The current registration fee provides two annual inspections. There are 21 residential buildings and no commercial buildings registered in the program at this time. The registration fees offset the costs of the inspections conducted by the Neighborhood Preservation Unit.
#19..
- 941 -
City Council, August 8, 2023
Vacant Building Modesto Municipal Code Amendment

DISCUSSION:

Without proper attention and maintenance, vacant buildings can be a major cause and source of crime and blight in both residential and nonresidential neighborhoods. In addition, vacant buildings which are unkempt and vacant for long periods of time discourage economic development and depreciate property values. These vacant buildings can often be an attractive target for tagging, trespassing, and unlawful camping due to a lack of oversight and attention.

When there are emergencies such as fires, vehicle impacts, or break-ins at vacant properties, it is often difficult to identify or contact a property owner or other responsible party to take corrective action.

Staff researched ordinances adopted by other jurisdictions in the region: San Francisco, Stockton, Elk Grove, Fresno, and City of Sacramento. Many of the ordinances were similar to Modesto’s ordinance; however, most of the cities included the requirements for signage and alarm systems in case of emergencies.

City staff also collaborated with representatives from several local commercial real estate firms and commercial property owners to assist in shaping an updated City ordinance.

Representatives were generally in favor of the amendment since it provides better security, and it makes emergency contact information readily available to first responders. Representatives had some reservations about the proposed amendment to the fee structure in the proposed amendment. Some wanted a higher flat fee for all properties regardless of whether the property was highly visible or not. Others were against any fee at all. It was shared with the representatives that the fee will be prorated quarterly and could be refunded if the building became occupied after the annual registration fee was paid. Based on the feedback about the cost of the program, the number of proposed periodic inspections by City staff and therefore the registration fee has been reduced. One representative had concerns about requiring too much information on building signs, so the ordinance was revised to not require the property owner’s address to be posted on the building frontage.

To address the issues stemming from vacant commercial buildings, staff is proposing amendments to the vacant building code which will require conducting timely and sufficient inspections so that dangerous activities can be discovered and promptly avoided and/or abated.

Posting emergency contact information will be required on the exterior of the building so that emergency personnel can quickly ascertain who to reach in the case of an emergency. To discourage trespassing, signs will need to be displayed along property frontage and a security system will be required to be installed and maintained to prevent unlawful entries into the building thereby alerting a building owner, property manager, and/or security company.

The Neighborhood Preservation Unit (NPU) has the system in place to accept vacant building registrations online or in person. The current vacant building registration fee for all vacant buildings is currently set at $238 annually through the 2022-2023 Development Fee Schedule.

The fee was adopted on May 5, 2009, by Ordinance No. 3512 after the recession when hundreds of single-family dwellings were left empty due to foreclosure. At that time, it was determined that NPU officers would inspect residential buildings twice per year at a cost of $119 per inspection and $238 annually. Vacant and blighted commercial buildings have a more significant impact based on the number of citizens that drive by daily. Therefore, the proposed fee structure for vacant commercial buildings is based on the designation of the road facility that the building is adjacent to as defined in Chapter V of the City of Modesto’s General Plan1. 1 General Plan MEIR: https://www.modestogov.com/DocumentCenter/View/15055/EIR-14-001-DOC-Traffic-Analysis-Memo-6-9-17-PDF #19..
- 942 -
City Council, August 8, 2023
Vacant Building Modesto Municipal Code Amendment

As proposed, the recommended amendments do not limit the City’s ability to enforce blighted commercial buildings, but instead create a partnership with commercial building owners to fund code enforcement officers to assist in monitoring their building for compliance.

Vacant building owners often rely on the Neighborhood Preservation Unit to conduct periodic inspections of their property because the owner is located outside of the region. Since code enforcement is funded through the General Fund, this places the burden of managing the property on the citizens of Modesto rather than the building owner. Currently, code enforcement’s only method of recovering funds for staff time is through civil penalties. Civil penalties can only occur when there are code violations such as tagging, unmaintained landscaping, and junk or debris. If there are civil penalties, Modesto’s image has already suffered. When faced with civil penalties, building owners often appeal them based on the rationalization that the owner cleans up the property when the Neighborhood Preservation Unit notifies them. In practical terms, the City becomes the property agent for the building owner. To address the burden on the General Fund, the annual registration fee will be revised to a tiered structure for commercial buildings.

The General Plan Master Environmental Impact Report provides the road capacity for each road classification in Modesto. Larger capacity streets have more daily vehicle trips. Buildings on larger streets are more visible and when they are blighted, they have a greater impact on Modesto’s image. Acknowledging that vacant commercial buildings require monitoring by NPU staff, and that buildings on busier streets have a more significant visual impact on the number of citizens impacted by vacant buildings, the below fee structure establishes a vacant commercial building registration fee structure based on the road classification that the building fronts on.

This ensures that the monitoring of vacant commercial buildings is not funded by Modesto taxpayers. The road classification determines the number of annual inspections required. The more annual inspections needed, the higher the fee, as noted in the table below.

Facility Designation Hourly
Capacity
Annual
Inspections
Cost Per
Inspection Annual Fee
Freeway (Fronting or Backing) 2,000 26 $119 $3,094
Expressway 1,250 13 $119 $1,547
Principal Arterial 850 7 $119 $833
Minor Arterial 750 7 $119 $833
Major Collector 700 4 $119 $476
Downtown Collector 700 4 $119 $476
Minor Collector 650 4 $119 $476
Registration fees are paid annually but can be prorated on a quarterly basis. If a vacant building becomes occupied, the property owner can request a refund for any unused fees. The existing ordinance allows property owners to apply for a waiver if the fee would impose an economic hardship or would hinder the rehabilitation of the building. #19..
- 943 -
City Council, August 8, 2023
Vacant Building Modesto Municipal Code Amendment

FISCAL IMPACT:

The Police Department will be requesting Measure H funding for the cost of one additional Code Enforcement Officer position in the Measure H – Neighborhood Preservation Unit cost center (19228) in Fund 0160. The total cost of this position is $93,708. The additional position will be requested to help assist with the vacant property program.

We anticipate the program will generate $16,660 in revenue per year. The position will be partially funded by the $16,660 in revenue and is included as part of this item as an amendment to the position allocation for Fiscal Year 2023-24.

COMMITTEE RECOMMENDATIONS:

This item was presented to the Safety and Communities Committee on June 12, 2023 and was recommended to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Motion introducing and waiving the first reading of an Ordinance amending Sections of Article 6, “Vacant and Boarded Buildings” of Title 9 “Building Regulations”, Chapter 9, “Property Maintenance Code,” of the Modesto Municipal Code, to enhance maintenance and security of vacant buildings.

Resolution establishing a Tiered Fee Schedule for the Registration of Vacant Commercial Buildings.

Resolution amending the position allocation for Fiscal Year 2023-24 as adopted in the Operating Budget to add one Code Enforcement Officer II to the Neighborhood Preservation Unit Division of the Modesto Police Department.

Resolution amending the Fiscal Year 2023-24 Annual Operating Budget to increase Measure H Funding for the additional Code Enforcement Officer being added to the Measure H – Neighborhood Preservation Unit Cost Center (19228) in the Measure H Fund (0160) in the amount of $93,708 and authorizing the City Manager to take the necessary steps to implement the required budget adjustments.

Approved by:

Brandon Gillespie
Chief of Police
Joseph P. Lopez, City Manager
Attachments:

1. Ordinance Amending Article 6 of Title 9, Chapter 9

2. Redline Modesto Municipal Code Section 9-9.6

3. Resolution establishing a tiered fee schedule

4. Resolution amending the position allocation

5. Resolution for budget adjustment for additional Code Enforcement Officer #19..
- 944 -
ORDINANCE NO. _____-C.S.

ORDINANCE AMENDING SECTIONS OF ARTICLE 6, “VACANT AND BOARDED BUILDINGS” OF TITLE 9 “BUILDING REGULATIONS”, CHAPTER 9, “PROPERTY MAINTENANCE CODE,” OF THE MODESTO MUNICIPAL CODE, TO ENHANCE

MAINTENANCE AND SECURITY OF VACANT BUILDINGS
WHEREAS, vacant and boarded buildings are a major cause and source of crime and blight in both residential and nonresidential neighborhoods; and WHEREAS, vacant buildings which are boarded, unkempt, and kept vacant for long periods of time discourage economic development and harm property values; and WHEREAS, increasing and enforcing maintenance and signage requirements for vacant and boarded buildings may improve conditions of blight caused by vacant and boarded buildings; and
WHEREAS, the City has determined that it is in the public interest and welfare to amend Sections of Article 6 of Title 9, Chapter 9, of the Modesto Municipal Code.

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

SECTION 1. FINDINGS
The City Council of the City of Modesto finds that all of the above Recitals and within this Ordinance are true and correct and incorporated herein by reference.

SECTION 2. AMENDMENT OF MUNICIPAL CODE
Sections 9-9.606, 9-9.607 and 9-9.608 of Title 9, Chapter 9, Article 6 of the City of Modesto Municipal Code is hereby amended to read as follows:
9-9.606 - Vacant Building Registration Requirement and Process (a) Every owner or responsible party of a vacant building must register the building with the City of Modesto Planning Division within sixty (60) days of the building becoming vacant.

If the City determines that a building shows evidence of vacancy for at least sixty (60) days, it may be deemed vacant.
#19..
- 945 -
(b) Every owner or responsible party seeking to register a vacant building must submit to the Planning Division, a complete, written application on a form provided by the City, which shall contain the following contents:
(1) The name and address of each owner, responsible party, and property management company, that are responsible for any security, maintenance, marketing, or sales or rentals, of the vacant building. The applicant shall designate a twenty-four (24) hour contact among the parties listed on the application.
(2) A maintenance and security plan describing how the applicant will meet all requirements of Modesto Municipal Code section 9-9.607(d). (c) Any registration of a vacant building that is approved by the City is valid for up to one (1) year, and shall be required to be renewed annually for as long as the building subject to the registration remains vacant.
(d) Any change in ownership, responsible party, or property management company responsible for a vacant building, must be reported to the Planning Division no later than ten (10) days after the change.
9-9.607 Boarded or Vacant Building; Time Period Maintenance.

No responsible party shall allow a building to stand vacant for more than sixty (60) days and shall register the building with the City in accordance with Modesto Municipal Code section 9-

9.606, unless one of the following applies:
(a) The building is the subject of an active building permit and the owner is progressing diligently to repair the premises for occupancy;
(b) The building meets all applicable codes in existence at either the time of its construction or at the time of its alteration or modification and is actively being offered for sale, lease, or rent;
(c) The building is being maintained in a safe and orderly manner and does not contribute to blight conditions;
(d) Maintenance in a safe and orderly manner shall include:
(1) Maintenance of any landscaping and plant materials in good condition, (2) Maintenance of the exterior of the building, including but not limited to paint and finishes, in good condition,
(3) Regular removal of all exterior trash, debris and graffiti, and (4) Maintenance of the building in continuing compliance with all applicable codes and regulations.
(5) Posting of a sign no smaller than 18 by 24 inches on the front of the exterior building or structure so it is legible from the public-right-of-way, with the following information:
(i) name and twenty-four-hour contact telephone number and address of the owner, responsible party, or property management company; and #19..
- 946 -
(ii) the statement that “THIS PROPERTY IS MANAGED BY” with the appropriate name inserted and “TO REPORT PROBLEMS OR CONCERNS CALL” with the twenty-four-hour telephone number listed. The sign shall be constructed and printed with weather resistant materials. (6) Installing and maintaining in good working order, a security system such that breaches of any doors or windows, or the presence of intruders, alert the property owner, a property manager, and/or a security company, upon immediate notice of intruders and imminent dangers, including but not limited to fires, can be abated. (7) Installing and maintaining in good working order, a smoke detector that upon being triggered by the presence of smoke, fire, or excess heat, alerts the property owner, responsible party, twenty-four hour contract as designated in the application for vacant building registration, and the Modesto Fire Department, so that imminent dangers, including but not limited to fires, can be abated. (8) Posting a minimum of one “No Trespassing” sign in accordance with the Modesto Police Department sign and size requirements. Signs must be displayed along property frontage and visible to the public. The sign must be no smaller than 17 by 22 inches in size, with lettering no smaller than 1 inch in height. (9) Conducting sufficient inspections so that the presence of intruders or illegal and / or dangerous activities in the building may be discovered, so that appropriate remedial action can be taken to terminate the illegal and / or dangerous activities. 9-9.608 - Vacant Building Monitoring Fee.
(a) Fee Imposed. There is hereby imposed upon every owner of a vacant building an annual vacant building monitoring fee in an amount to be set by resolution of the City Council.

The fee shall not exceed the estimated reasonable cost of monitoring the vacant building. The fee shall be payable as to any building, residential or nonresidential, which:
(1) Is boarded up by voluntary action of the owner or as the result of enforcement activities by the City; or
(2) Is vacant for more than sixty (60) days for any reason. (b) Fee Waiver. The vacant building monitoring fee may be waived by the Director upon a showing by the owner that:
(1) The owner has obtained a building permit and is progressing diligently to repair the premises for occupancy;
(2) The building meets all applicable codes and is actively being offered for sale, lease or rent; or
(3) Imposition of the fee would impose a substantial economic hardship on the owner or would hinder the rehabilitation of the building. (c) Procedure.
(1) The vacant building monitoring fee shall be billed to the owner of the property and mailed to the owner's address as set forth on the last equalized assessment roll of the County Assessor.
#19..
- 947 -
(2) Any owner billed may apply for a waiver on the grounds set forth in subsection (b) of this section by submitting a written statement of the grounds for the waiver, and the owner's daytime telephone number, to the Director within thirty (30) days after the billing is mailed to the owner. The Director shall review the written statement and may contact the owner to discuss the application for waiver. The Director shall prepare a written decision which shall be mailed to the owner. (3) Any owner who disagrees with the decision of the Director may submit a written notice of appeal to the Director within thirty (30) days of receipt of the decision.

Failure to timely appeal the decision of the Director relating to a denial of a waiver constitutes a waiver of all rights to an administrative hearing and determination of the matter subject only to review pursuant to Section 1094.5 of the California Code of Civil Procedure.
(4) If the fee is not paid within sixty (60) days after billing, or within sixty (60) days after the decision of the Director or after the decision upon appeal by the owner becomes final, the fee may be specially assessed against the property involved and made a personal obligation of the owner. If the fee is to be specially assessed against the property, a hearing officer, as designated by the City Manager, shall confirm the assessment and thereafter said assessment may be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary real property taxes. All laws applicable to the levy, collection, and enforcement of real property taxes are applicable to the special assessment. (5) The designated hearing officer may also cause a notice of lien to be recorded.

The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, a description of the real property subject to the lien, and the amount of the fee.

SECTION 3. SEVERABILITY.

If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application any other person or circumstance. The City Council or the City of Modesto hereby declares that it would have adopted each section, sentence, clause, or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of this Ordinance be declared invalid, unenforceable or unconstitutional.

SECTION 4. EFFECTIVE DATE.
#19..
- 948 -
This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

SECTION 5. PUBLICATION.

At least two (2) days prior to its final adoption, copies of this Ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in the Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this Ordinance, the date of its introduction and the places where this ordinance is posted.

The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the ____ day of ____________, 2023, by Councilmember __________, who moved its introduction and passage to print, which motion being duly seconded by Councilmember , was upon roll call carried and ordered printed and published by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED: ______________________
SUE ZWAHLEN, Mayor
ATTEST:

BY: ______________________________________
DIANE NAYARES-PEREZ, City Clerk (SEAL)

APPROVED AS TO FORM:

BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
#19..
- 949 -

FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the ___ day of ________, 2023, Councilmember ______________moved its final adoption, which motion being duly seconded by Councilmember ________________, was upon roll call carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED: __________________________

MAYOR SUE ZWAHLEN
ATTEST: ____________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: _________________, 2023
#19..
- 950 -
Article 6. - Vacant and Boarded Buildings
9-9.601 - Boarded Buildings; Declaration of Purpose.

Boarded buildings are a major cause and source of crime and blight in both residential and nonresidential neighborhoods. In addition, vacant buildings which are boarded and unkempt, and which are vacant for long periods of time, discourage economic development and retard appreciation of property values.
(Added by Ord. 3512-C.S., § 2, effective 6-12-09)
9-9.602 - Vacant Building; Defined.

For the purposes of this chapter, the term "vacant building" means an unoccupied or an illegally occupied structure or an occupied structure without adequate facilities/utilities. (Added by Ord. 3512-C.S., § 2, effective 6-12-09)
9-9.603 - Boarded Building—Defined.

For the purposes of this chapter, the term "boarded building" means an unoccupied building some or all of whose doors and windows and other openings have been covered with plywood or other approved material for the purpose of preventing entry into the building. (Added by Ord. 3512-C.S., § 2, effective 6-12-09)
9-9.604 - Violation.

Every owner or responsible person shall maintain their vacant or boarded building in accordance with all of the requirements set forth herein. Failure to do so constitutes a violation of this Code and is a public nuisance.
(Added by Ord. 3512-C.S., § 2, effective 6-12-09)
9-9.605 - Method of Boarding Painting.

All windows, doors and openings shall be secured as per the board-up specifications maintained by the City of Modesto. All wood must be painted to match the paint on the property. If the property is multicolor, the paint should match the predominant color on that wall. (Added by Ord. 3512-C.S., § 2, effective 6-12-09)
9-9.606 - Vacant Building Registration Requirement and Process (a) Every owner or responsible party of a vacant building must register the building with the City of Modesto Planning Division within sixty (60) days of the building becoming vacant. If the City determines that a building shows evidence of vacancy for at least sixty (60) days, it may be deemed vacant. #19..
- 951 -
(b) Every owner or responsible party seeking to register a vacant building must submit to the Planning Division, a complete, written application on a form provided by the City, which shall contain the following contents:
(1) The name and address of each owner, responsible party, and property management company, that are responsible for any security, maintenance, marketing, or sales or rentals, of the vacant building. The applicant shall designate a twenty-four (24) hour contact among the parties listed on the application. (2) A maintenance and security plan describing how the applicant will meet all requirements of Modesto Municipal Code section 9-9.607(d).
(c) Any registration of a vacant building that is approved by the City is valid for up to one (1) year, and shall be required to be renewed annually for as long as the building subject to the registration remains vacant. (d) Any change in ownership, responsible party, or property management company responsible for a vacant building, must be reported to the Planning Division no later than ten (10) days after the change. 9-9.6076 Boarded or Vacant Building; Time Period Maintenance.

No responsible party shall allow a building to stand vacant for more than sixty (60) days and shall register the building with the City in accordance with Modesto Municipal Code section 9-

9.606, unless one of the following applies:
(a) The building is the subject of an active building permit and the owner is progressing diligently to repair the premises for occupancy;
(b) The building meets all applicable codes in existence at either the time of its construction or at the time of its alteration or modification and is actively being offered for sale, lease, or rent;
(c) The building is being maintained in a safe and orderly manner and does not contribute to blight conditions;
(d) Maintenance in a safe and orderly manner shall include:
(1) Maintenance of any landscaping and plant materials in good condition, (2) Maintenance of the exterior of the building, including but not limited to paint and finishes, in good condition,
(3) Regular removal of all exterior trash, debris and graffiti, and (4) Maintenance of the building in continuing compliance with all applicable codes and regulations.
(5) Posting of a sign no smaller than 18 by 24 inches on the front of the exterior building or structure so it is legible from the public-right-of-way, with the following information:
(i) name and twenty-four-hour contact telephone number and address of the owner, responsible party, or property management company; and Commented [1]: Do we want to add a separate
application and renewal fee?
#19..
- 952 -
(ii) the statement that “THIS PROPERTY IS MANAGED BY” with the appropriate name inserted and “TO REPORT PROBLEMS OR CONCERNS CALL” with the twenty-four-hour telephone number listed. The sign shall be constructed and printed with weather resistant materials.
(6) Installing and maintaining in good working order, a security system such that breaches of any doors or windows, or the presence of intruders, alert the property owner, a property manager, and/or a security company, upon immediate noticeso that of intruders and imminent dangers, including but not limited to fires, can be abatedmay be removed.
(7) Installing and maintaining in good working order, a smoke detector that upon being triggered by the presence of smoke, fire, or excess heat, alerts the property owner, responsible party, twenty-four hour contract as designated in the application for vacant building registration, and the Modesto Fire Department, so that imminent dangers, including but not limited to fires, can be abated.
(8) Posting a minimum of one “No Trespassing” sign in accordance with the Modesto Police Department sign and size requirements. Signs must be displayed along property frontage and visible to the public. The sign must be no smaller than 17 by 22 inches in size, with lettering no smaller than 1 inch in height. (9) Conducting sufficient inspections so that the presence of intruders or illegal and / or dangerous activities in the building may be discovered, so that appropriate remedial action can be taken to terminate the illegal and / or dangerous activities.
9-9.6087 - Vacant Building Monitoring Fee.
(a)Fee Imposed. There is hereby imposed upon every owner of a vacant building an annual vacant building monitoring fee in an amount to be set by resolution of the City Council. The fee shall not exceed the estimated reasonable cost of monitoring the vacant building. The fee shall be payable as to any building, residential or nonresidential, which:
(1)Is boarded up by voluntary action of the owner or as the result of enforcement activities by the City; or
(2)Is vacant for more than sixty (60) days for any reason. (b)Fee Waiver. The vacant building monitoring fee may be waived by the Director upon a showing by the owner that:
(1)The owner has obtained a building permit and is progressing diligently to repair the premises for occupancy;
(2)The building meets all applicable codes and is actively being offered for sale, lease or rent; or
(3)Imposition of the fee would impose a substantial economic hardship on the owner or would hinder the rehabilitation of the building.
(c)Procedure.
#19..
- 953 -
(1)The vacant building monitoring fee shall be billed to the owner of the property and mailed to the owner's address as set forth on the last equalized assessment roll of the County Assessor.
(2)Any owner billed may apply for a waiver on the grounds set forth in subsection (b) of this section by submitting a written statement of the grounds for the waiver, and the owner's daytime telephone number, to the Director within thirty (30) days after the billing is mailed to the owner. The Director shall review the written statement and may contact the owner to discuss the application for waiver. The Director shall prepare a written decision which shall be mailed to the owner.
(3)Any owner who disagrees with the decision of the Director may submit a written notice of appeal to the Director within thirty (30) days of receipt of the decision. Failure to timely appeal the decision of the Director relating to a denial of a waiver constitutes a waiver of all rights to an administrative hearing and determination of the matter subject only to review pursuant to Section 1094.5 of the California Code of Civil Procedure. (4)If the fee is not paid within sixty (60) days after billing, or within sixty (60) days after the decision of the Director or after the decision upon appeal by the owner becomes final, the fee may be specially assessed against the property involved and made a personal obligation of the owner. If the fee is to be specially assessed against the property, a hearing officer, as designated by the City Manager, shall confirm the assessment and thereafter said assessment may be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary real property taxes. All laws applicable to the levy, collection, and enforcement of real property taxes are applicable to the special assessment. (5)The designated hearing officer may also cause a notice of lien to be recorded. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, a description of the real property subject to the lien, and the amount of the fee. #19..
- 954 -
08/08/2023/MPD/BKleiber/Item 19 1 2023-373

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-373

RESOLUTION ESTABLISHING A TIERED FEE SCHEDULE FOR THE

REGISTRATION OF VACANT COMMERCIAL BUILDINGS
WHEREAS, to address the issues stemming from vacant commercial buildings, staff is proposing amendments to the vacant building code which will require conducting timely and sufficient inspections so that dangerous activities can be discovered and promptly avoided and/or abated; and
WHEREAS, posting emergency contact information will be required on the exterior of the building so that emergency personnel can quickly ascertain who to reach in the case of an emergency; and
WHEREAS, to discourage trespassing, signs will need to be displayed along property frontage and a security system will be required to be installed and maintained to prevent unlawful entries into the building thereby alerting a building owner, property manager, and/or security company; and
WHEREAS, vacant building owners often rely on the Neighborhood Preservation Unit to conduct periodic inspections of their property because the owner is located outside of the region; and
WHEREAS, as code enforcement is funded through the General Fund, this places the burden of managing the property on the citizens of Modesto rather than the building owner; and
WHEREAS, currently, code enforcement’s only method of recovering funds for staff time is through civil penalties. Civil penalties can only occur when there are code violations such as tagging, unmaintained landscaping, and junk or debris; and #19..
- 955 -
08/08/2023/MPD/BKleiber/Item 19 2 2023-373
WHEREAS, the current vacant building registration fee for all vacant buildings is currently set at $238 annually through the 2022-2023 Development Fee Schedule; and WHEREAS, NPU officers would inspect residential buildings twice per year at a cost of $119 per inspection and $238 annually; and
WHEREAS, to address the burden on the General Plan, the annual registration fee will be revised to a tiered structure for commercial buildings; and WHEREAS, therefore, the below proposed fee structure for vacant commercial buildings is based on the designation of the road facility that the building is adjacent to as defined in Chapter V of the City of Modesto’s General Plan; and Facility Designation Hourly
Capacity
Annual
Inspections
Cost Per
Inspection Annual Fee
Freeway (Fronting or Backing) 2,000 26 $119 $3,094
Expressway 1,250 13 $119 $1,547
Principal Arterial 850 7 $119 $833
Minor Arterial 750 7 $119 $833
Major Collector 700 4 $119 $476
Downtown Collector 700 4 $119 $476
Minor Collector 650 4 $119 $476
WHEREAS, registration fees are paid annually but can be prorated on a quarterly basis. If a vacant building becomes occupied, the property owner can request a refund for any unused fees.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves establishing a tiered fee schedule for the registration of vacant commercial buildings.
#19..
- 956 -
08/08/2023/MPD/BKleiber/Item 19 3 2023-373
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 8th day of August, 2023, by Councilmember Wright, who moved its adoption, which motion being duly seconded by Councilmember Alvarez, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _____________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#19..
- 957 -
08/08/2023/MPD/BKleiber/Item 19 1 2023-374

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-374

RESOLUTION AMENDING THE POSITION ALLOCATION FOR FISCAL
YEAR 2023-24 AS ADOPTED IN THE OPERATING BUDGET TO ADD ONE

CODE ENFORCEMENT OFFICER II TO THE NEIGHBORHOOD

PRESERVATION UNIT DIVISION OF THE MODESTO POLICE

DEPARTMENT
WHEREAS, a Position Allocation for the City of Modesto was adopted by Modesto City Council by June 30, 2022, as part of the Annual Budget of the City of Modesto for Fiscal Year 2022-23, and
WHEREAS, on November 8, 2022, Modesto voters approved Measure H, a onecent sales tax for general City services, and on November 29, 2022 by Resolution No. 2022-453 the Modesto City Council certified the election results, and WHEREAS, Measure H was approved on February 14, 2023, this initial spending plan included the addition of a number of positions across the Police Department, Parks, Recreation and Neighborhoods Department and the Public Works department.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves amending the Position Allocation and the Fiscal Year 2023-24 Operating Budget for Modesto Police Departments as follows:

1. Add one (1) Code Enforcement Officer II in the Neighborhood Preservation Unit Division (19228) of the Modesto Police Department. #19..
- 958 -
08/08/2023/MPD/BKleiber/Item 19 2 2023-374
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 8th day of August, 2023, by Councilmember Wright, who moved its adoption, which motion being duly seconded by Councilmember Alvarez, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _____________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#19..
- 959 -
08/08/2023/MPD/BKleiber/Item 19 1 2023-375

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-375
RESOLUTION AMENDING THE FISCAL YEAR 2023-24 ANNUAL

OPERATING BUDGET TO INCREASE MEASURE H FUNDING FOR THE

ADDITIONAL CODE ENFORCEMENT OFFICER BEING ADDED TO THE
MEASURE H – NEIGHBORHOOD PRESERVATION UNIT COST CENTER
(19228) IN THE MEASURE H FUND (0160) IN THE AMOUNT OF $93,708 AND

AUTHORIZING THE CITY MANAGER TO TAKE THE NECESSARY STEPS

TO IMPLEMENT THE REQUIRED BUDGET ADJUSTMENTS
WHEREAS, in May of 2009, the City of Modesto adopted Article 6, Vacant and Boarded Buildings, Chapter 9, Property Maintenance Code, to support the upkeep and expectations of the community to avoid tagging, theft, and fire damage contributing to blight conditions for surrounding properties, and
WHEREAS, current requirements were added by Ordinance No. 3512 and became effective June 12, 2009; however, there have been several recent incidents where vacant commercial buildings were not maintained and secured by the property owner and the buildings became attractive to criminals, and
WHEREAS, subsequently those buildings suffered from tagging, theft, fire damage contributing to blight conditions for the surrounding properties with the Neighborhood Preservation Unit having limited resources and being unable to provide the staff to continuously monitor the vacant buildings on behalf of the building owners, and
WHEREAS, without proper attention and maintenance, vacant buildings can be a major cause and source of crime and blight in both residential and nonresidential neighborhoods with vacant buildings which are unkempt and vacant for long periods of time discouraging economic development and depreciating property values, and WHEREAS, to address the issues stemming from vacant commercial buildings, #19..
- 960 -
08/08/2023/MPD/BKleiber/Item 19 2 2023-375
staff is proposing amendments to the vacant building code which will require conducting timely and sufficient inspections so that dangerous activities can be discovered and promptly avoided and/or abated, and
WHEREAS, staff is proposing that one additional Code Enforcement Officer position will be required to provide the Neighborhood Preservation Unit with the resources to complete the required changes and inspections of properties around the City outlined above.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves amending the Fiscal Year 2023-24 Annual Operating Budget to increase Measure H funding for the additional Code Enforcement Officer being added to the Measure H – Neighborhood Preservation Unit Cost Center (19228) in the Measure H Fund (0160) in the amount of $93,708.

BE IT FURTHER RESOLVED that the City Manager is authorized to take the necessary steps to implement the required budget adjustments necessary for this action. #19..
- 961 -
08/08/2023/MPD/BKleiber/Item 19 3 2023-375
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 8th day of August, 2023, by Councilmember Wright, who moved its adoption, which motion being duly seconded by Councilmember Alvarez, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _____________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#19..
- 962 -
- 1 -
8/8/2023 4:00:00 PM

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, AUGUST 08, 2023 AT 4:00 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 LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Estate of Kim Jackson et al. v. City of Modesto, et al.

United States Eastern District
Case No.: 1:21-cv-00415-AWI-EPG

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Eduardo Corral v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ13604168, ADJ7736988
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA Negotiator: Christina Alger
Employee Organization: Modesto Confidential & Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPOA #20..
- 963 -
- 2 -
8/8/2023 4:00:00 PM
Negotiator: Christina Alger
Employee Organization: Modesto Police Officers’ Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPNSA Negotiator: Christina Alger
Employee Organization: Modesto Police Non-Sworn Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) –MPMA Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
Employee Organization: Unrepresented Management and Confidential Employees

BY ORDER OF THE CHAIR
/S
Diane Nayares-Perez, City Clerk
Posted pursuant to Government Code Section 54956 on the bulletin board at Tenth Street Place on at by
date time signature
#20..
- 964 -