Agenda packet — Modesto City Council, November 7, 2023 (part 5 of 5)

DISCUSSION:

Section 10-2.133 of Title 10 “Zoning Regulations’ defines “Homeless Shelter” as, any structure designed, constructed, intended, or occupied for temporary occupancy by homeless persons for dwelling, lodging, or sleeping purposes. Medical assistance, training, counseling, and personal services essential to enable homeless persons to make the transition to permanent shelter may be provided, with or without meals, as part of the operation of a homeless shelter.

Section 10-2.125 of Title 10 “Zoning Regulations” defines “Emergency Shelter” as, any structure providing housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by homeless persons. No individual or household may be denied emergency shelter because of an inability to pay.

Emergency Shelters and Homeless Shelters are currently permitted with the approval of a Conditional Use Permit (CUP) in the C-1 (Neighborhood Commercial), C-2 (General Commercial), C-3 (Highway Commercial), C-M (Commercial-Industrial), M-1 (Light Industrial), and M-2 (Heavy Industrial) zones.

Additional restrictions on Emergency Shelters are provided in Chapter 3 (Land Use Regulations), Article 2 (Specific Land Use Regulations), Section 10-3.205 (Emergency Shelters). Section 10-

3.205 provides: One (1), and only one (1), emergency shelter shall be allowed as a permitted use, subject to the development plan review process, in the C-M, M-1 or M-2 zone after the effective date of this ordinance. Any and all additional emergency shelters proposed or established after this single-shelter exception shall be subject to the conditional use permit requirement indicated in Table 3.1-1.

Assembly Bill No. 2339 requires jurisdictions to identify one or more zoning designations that specifically allow residential uses (including mixed uses) where emergency shelters, including at least one year-round emergency shelter, must be allowed as permitted use, by right.

Additionally, sites in these zoning designations chosen for emergency shelters must be located near services for homeless persons, and a jurisdiction must have sufficient sites zoned appropriately to meet the need for shelters in the locality.

To determine the need for emergency shelters in the City, staff referred to the 2023 Point-in-Time Count (PIT). The PIT provides a count of sheltered and unsheltered homeless persons on a single night during the last ten days in January. Per the 2023 PIT, there were 1,642 homeless persons surveyed in the city of Modesto. Of that number, 711 persons in the city of Modesto were identified as unsheltered (e.g., living on the streets, in parks, abandoned buildings, or in their cars). Based on the number of unsheltered persons (711) and the requirements in Government Code Section 65583, the city requires 3.26 acres (711 unsheltered persons times 200 square feet per person, equals 142,200 square feet) of undeveloped land to accommodate the unmet need for shelters.

The zones where the city could allow emergency shelters include: the residential zones (R-1, R2, and R-3) and the commercial zones (P-O, C-1, C-2, and C-3) as residential uses are allowed in commercial zones with the approval of a Conditional Use Permit. Staff has determined that there are sufficient undeveloped sites in the C-3 (Highway Commercial) zone to meet the need for shelters in the community. Specifically, staff has identified 4.00 acres of undeveloped property #16..
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in the C-3 (Highway Commercial) zone. Additionally, the C-3 (Highway Commercial) zone will allow for the necessary services for homeless persons.

Additionally Emergency Shelters will subject to the following objective standards in compliance with the Government Code:
(a) The maximum number of beds or persons permitted to be served nightly by the facility. (b) Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
(c) The size and location of exterior and interior onsite waiting and client intake areas. (d) The provision of onsite management.
(e) The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.
(f) The length of stay.
(g) Required lighting.
(h) A requirement for security during hours that the emergency shelter is in operation.

The city currently does not address Low Barrier Navigation Centers. Assembly Bill 101 defines “Low Barrier Navigation Center” as a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
“Low Barrier” means employing best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(a) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
(b) Allowing Pets.
(c) Providing for the storage of possessions.
(d) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

Assembly Bill No. 101 requires that “Low Barrier Navigation Center(s)” be allowed as a permitted use, by right in areas zoned for mixed use, and in nonresidential zones that permit multifamily uses, if it meets the following requirements:
(1) It offers services to connect people to permanent housing through a services plan that identifies services staffing.
(2) It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
(3) It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
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(4) It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

Additionally, the bill establishes that a local jurisdiction must act upon a completed application for a Low Barrier Navigation Center within 60 days of the receipt of a completed application.

The options where the city could allow Low Barrier Navigation Centers include the residential zones (R-1, R-2, and R-3) and the commercial zones (P-O, C-1, C-2, and C-3).

To comply with State law, this amendment will permit Low Barrier Navigation Centers as a by right use in the new Mixed-Use Pedestrian Oriented (MU-P) and the Mixed Use – Highway Oriented Zones and in the Commercial zones (P-O, C-1, C-2, and C-3), until January 1, 2027, as required by State law. After that date, the provisions allowing Low Barrier Navigation Centers by right in these zones will be repealed, unless further extended by the State.

FISCAL IMPACT:

This code amendment was initiated by the City to bring the municipal code in alignment with State regulations. The cost in staff time to prepare these amendments was paid from the current planning division budget.

COMMITTEE RECOMMENDATION:

This item was taken to the Planning Commission on October 16, 2023, and recommended to forward to Council for approval.

CEQA/NEPA REQUIREMENTS:

The proposed code amendment that addresses regulations for emergency shelters and low barrier navigation centers is not a project that would have a significant effect on the environment.

It is not subject to CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines, the “commonsense exemption,” which reasons than CEQA applies only to projects, which have the potential for causing a significant effect on the environment.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Motion introducing and waiving the first reading of an Ordinance amending Sections 10-2.125, 10-2.133, and 10-2.194; and adding Section 10-2.149.1 to Article 1 (Definitions) of Chapter 2 (Definitions); amending Section 10-3.101, Table 3.1-1 (Permitted and Conditional Land Uses), Commercial Section of Article 1 (Permitted and Conditional Land Uses) Chapter 3 (Land Use Regulations); amending Section 10-3.205; and, adding Section 10-3.208.1 to Article 2 (Specific Land Use Regulations) of Chapter 3 (Land Use Regulations) of Title 10 (Zoning Regulations).

Approved by:

Jessica Hill, Director
Community and Economic Development
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Amendment to Title 10 of the Modesto Minicanal Code regarding Emergency Shelters and Low Barrier Navigation Centers

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Joseph P. Lopez, City Manager
Attachments:

1. Ordinance

2. Redline MMC reflecting changes
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ORDINANCE NO. -C.S.

AN ORDINANCE AMENDING SECTIONS 10-2.125, 10-2.133,
AND 10-2.194; ADDING SECTION 10-2.149.1, TO CHAPTER 2
(DEFINITIONS), ARTICLE 1 (DEFINITIONS) OF TITLE 10;
AMENDING SECTION 10-3.205 OF CHAPTER 3 (LAND USE
REGULATIONS), ARTICLE 2 (SPECIFIC LAND USE
REGULATIONS); AND ADDING SECTION 10-3.208.1 TO
CHAPTER 3 (LAND USE REGULATIONS), ARTICLE 2
(SPECIFIC LAND USE REGULATIONS) OF TITLE 10
WHEREAS, housing production in State of California has not kept pace with demand, resulting in the lack of housing and in particular lack of affordable housing; and WHEREAS, changes to state laws that became effective on January 1, 2020, and January 1, 2023, required cities to identify zoning designations where emergency shelters and low barrier navigation centers may be allowed without a discretionary permit and subject only to specific objective standards to ensure an adequate supply of temporary housing in the City; and WHEREAS, this code amendment will update the City of Modesto’s Zoning Regulations to be consistent with State law regarding emergency shelters and low barrier navigation centers; and
WHEREAS, this code amendment is necessary at this time as the city undertakes an update of both the General Plan and the Housing Element; and WHEREAS, a public hearing was held by the Planning Commission on October 16, 2023, in the Chambers, 1010 Tenth Street, Modesto, California at which hearing evidence both oral and documentary were received and considered; and
WHEREAS, the proposed code amendment that addresses emergency shelters and low barrier navigation centers is not a project that would have a significant effect on the environment, #16..
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therefore it is not subject to CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines, the “commonsense exemption,” because CEQA applies only to projects which have the potential for causing a significant effect on the environment; and WHEREAS, after a public hearing held on October 16, 2023, it was found and determined by the Planning Commission that the requested code amendment will not be detrimental to the public health, safety or welfare because providing more temporary housing will benefit the community’s unsheltered residents; and WHEREAS, the requested code amendment will result in an orderly planned use of land because the amended regulations for emergency shelters and low barrier navigation centers will clarify where and how these temporary shelters may be built and operate; and WHEREAS, the requested code amendment is in accordance with the community’s objectives as set forth in the General Plan and any applicable specific plan(s) because the proposed code amendment will provide for additional sites with zoning allowing for the development of emergency shelters (sufficient to meet the community’s need) and low barrier navigation centers consistent with the goals of the Housing Element, a portion of the General Plan; and
WHEREAS, by Resolution No. 2023-27 adopted on October 16, 2023, the Planning Commission recommended to the Council that the proposed amendments to Title 10 of the Modesto Municipal Code including the amendment of Chapter 2 (Definitions), Article 1 (Definitions), Sections 10-2.125, 10-2.133, and 10-2.194; the addition of Section 10-2.149.1 to Chapter 2 (Definitions), Article 1 (Definitions); the amendment of Chapter 3 (Land Use Regulations), Article 2 (Specific Land Use Regulations), Section 10-3.205; and the addition of #16..
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Section 10-3.208.1 to Chapter 3 (Land Use Regulations), Article 2 (Specific Land Use Regulations) to the Modesto Municipal Code, be approved; and WHEREAS, this Code amendment was set for a public hearing on November 7, 2023, before the City Council, at which date and time said duly noticed public hearing of the Council was held for the purpose of receiving public comment on the proposed amendment of Chapter 2 (Definitions), Article 1 (Definitions), Sections 10-2.125, 10-2.133, and 10-2.194; the addition of Section 10-2.149.1 to Chapter 2 (Definitions), Article 1 (Definitions); the amendment of Chapter 3 (land use regulations), Article 2 (specific land use regulations), Section 10-3.205; and the addition of Section 10-3.208.1 to Chapter 3 (Land Use Regulations), Article 2 (Specific Land Use Regulations) of Title 10 of the Modesto Municipal Code; and WHEREAS, evidence, both written and oral, was duly presented and considered by the City Council at the aforesaid public hearing; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred; and WHEREAS, after a public hearing held on November 7, 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 providing for the provision of emergency shelters, including low barrier navigation centers, to house homeless persons in compliance with building standards, will benefit the community.

2. The requested change will result in an orderly planned use of land because the amended regulations for emergency shelters and low barrier navigation centers will clarify where and how these temporary shelters may be built and operate.

3. The requested change is in accordance with the community’s objectives as set forth in the General Plan and any applicable specific plans because the proposed code amendments will provide for additional sites with appropriate zoning for the development of emergency shelters (sufficient to meet the community’s need) and #16..
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low barrier navigation centers consistent with the goals of the Housing Element, a portion of the General Plan.

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

SECTION 1. AMENDMENT OF CODE. Title 10 of the Modesto Municipal Code, Chapter 2, “Definitions,” Article 1, “Definitions,” Sections 10-2.125, 10-2.133 and 10-2.194 are hereby amended to read as follows:
10-2.125 – Emergency Shelter.

Any structure or facility, the primary purpose of which is to provide housing or temporary shelter, with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by homeless persons. No individual or household may be denied emergency shelter because of an inability to pay. This definition includes other interim interventions, including but not limited to a navigation center, bridge housing, and respite or recuperative care.
10-2.133 - Homeless Shelter.

A Homeless Shelter means any of the following:
(a) any facility, the primary purpose of which is to provide a temporary shelter for the homeless in general or for specific populations of the homeless and which does not require occupants to sign leases or occupancy agreements; or (b) An Emergency Shelter as defined in Section 10-2.125; or (c) A Navigation Center is a Housing First, low-barrier, service-enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. 10-2.194 - Transitional Housing.

Housing that provides supportive services for up to two (2) years that is exclusively designated and targeted for recently homeless persons. Transitional housing includes self- #16..
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sufficiency development services, with the ultimate goal of moving recently homeless persons to permanent housing as quickly as possible, and limits rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development’s requirements for subsidized housing for low- income persons.

Rents and service fees paid for transitional housing may be reserved, in whole or in part, to assist residents in moving to permanent housing.

SECTION 2. ADDITION OF CODE. Title 10 of the Modesto Municipal Code, Chapter 2, “Definitions,” Article 1, “Definitions,” Sections 10-2.149.1 is hereby added to read as follows:
10-2.149.1 – Low Barrier Navigation Center.

A Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low Barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
(2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

SECTION 3. AMENDMENT OF CODE. Title 10 of the Modesto Municipal Code, Chapter 3, “Land Use Regulations,” Article 1, “Permitted and Conditional Land Uses,” Section 10-3.101, Table 3.1-1 “Permitted and Conditional Land Uses,” Commercial Section is hereby amended to read as follows:

Land Use Zoning Districts
R-1 R-2 R-3 MU-P MU-H P-O C-1 C-2 C-3 C-M M-1 M-2
Notes

COMMERCIAL
Communication
Broadcasting Studio (radio or
television)
- - - - - P P P P P
Radio or Television Transmitter - - - - C C C P P P
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Wireless Telecommunication
Facilities
See Chapter 3, Article
4 Entertainment
Adult Entertainment Business - - - - - - - - P P See Chapter 3, Article 3 Carnival (entertainment permit
required)
- - - - - P P P P P See Title 4, Chapter 1,
Article 4
Circus (entertainment permit
required)
- - - - - P P P P P See Title 4, Chapter 1,
Article 4
Entertainment Establishment
(entertainment permit required)
- - - - - P P P P P See Title 4, Chapter 1,
Article 4
Theater, Motion Picture (indoor) - - - - - P P P P P
Commercial Cannabis Uses See Chapter 3, Article
7 Commercial Marijuana Activity - - - - - - - - - See Section 10-3.210 Lodging
Motel, Hotel - - - P P P P P P P
Bed and Breakfast (2 rooms for
lodging, owner resides on site)

P P P - - - - - - -
Office
General - - - P P P P P P P See Section 10-2.159
Medical - - - P P P P P P P See Section 10-2.160
Outdoor Sales and Activities
Auction Yard - - - - - - - - P P
Commercial
Certified Farmers' Market - - - - P P P P P P See Section 10-3.212 a
Food and Drink Stands - - - - P P P P P P See Section 10-3.212 b
Fund Raisers (nonprofit
organizations)
P P P P P P P P P P See Section 10-3.212
c
Outdoor Dining Areas - - - - P P P P P P See Section 10-3.212 d
Outdoor Display, major - - - - - P P P P P See Section 10-3.212 e (2)
Outdoor Display, minor - - - - P P P P P P See Section 10-3.212 e (1)
Outdoor Sales (products
customarily sold indoor)
- - - - P P P P P P See Section 10-3.212 f
Promotions P P P P P P P P P P See Section 10-3.212
g
Seasonal Sales (fireworks,
pumpkins, Christmas trees)
P P P P P P P P P P See Section 10-3.212
h
Mobile Food Facilities - - - - P P P P P P See Sections 10-3.210 and 10-3.212 i
Flea Market - Indoor - - - - - P P P P P
Flea Market - Outdoor - - - - - - - - P P
Industrial - - - - - - - P P P See Section 10-3.213
Recreational
Campground, Recreation
Vehicle Overnight Park
- - - - - - C P P P
Health Club - - - - P P P P P P
Private Club, Lodge, Social
Club, Cultural Center
- - - - P P P P P P
Recreation Facility - Indoor - - - - C P P P P P See Section 10-2.165 Recreation Facility - Outdoor - - - - - C C P P P See Section 10-2.166 Recycling (Collection)
Recycling Facility, Large (more
than 500 SF area)
- - - - - C C P P P
Recycling Facility, Small (500
SF max area)
- - - - P P P P P P See Section 10-3.215
b
Unattended Containers no more
than 50 SF area (in residential
P P P - - - - - - - See Section 10-3.215
a
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zones w/ school, church, or
government use)
Unattended Containers/Reverse
Vending Machine no more than
50 SF area (w/ permitted or
conditional use)
- - - P P P P P P P
Restaurants
Banquet Hall - - - - - C/P C/P C/P C/P C/P See Section 10-3.203 Bar, Cocktail Lounge, Tavern - - - - - C/P C/P C/P C/P C/P See Section 10-3.203 Restaurants (w/ alcohol) - - - - C/P C/P C/P C/P C/P C/P See Section 10-3.203 Restaurants (w/o alcohol) - - - - P P P P P P
Retail
General Retail - - - - - P P P P P See Section 10-2.174 Neighborhood Retail - - - - P P P P P P See Section 10-2.175 Services
General Services
Ambulance Service - - - - - P P P P P
Armored Car Service - - - - - P P P P P
Business Services - - - P P P P P P P See Section 10-2.178 Car Wash - - - - - C/P C/P C/P C/P C/P See Section 10-3.222 Equipment Rental (indoors) - - - - - P P P P P
Exterminating Service - - - - - P P P P P
Fortune Telling - - - - - P P P P P
Funeral Home (includes
cremation)
- - - - - C C P P P
Janitor Service - - - - - P P P P P
Kennel - - - - - C C P P P
Laboratory (research and
testing)
- - - - - P P P P P
Package Delivery Service - - - - - - C P P P
Personal Services - - - P P P P P P P See Section 10-2.179 Security Company - - - - - P P P P P
Self Storage - - - - - - C P P P
Sign Painting Shop - - - - - P P P P P
Stone Monument - - - - C C C P P P
Taxicab Service - - - - - P P P P P
Taxidermist Shop - - - - - P P P P P
Towing Services (no impound
yard)
- - - - - P P P P P
Trade Services - - - - - P P P P P See Section 10-2.182 Repair Services
Major Repair - - - - - P P P P P See Section 10-2.180
Minor Repair - - - - P P P P P P See Section 10-2.181
Social Assistance Services
Assisted Living Facility C C P P P P P - - -
Adult Day Care (3 or fewer
clients, 1 unit per lot)
P P P - - - - - - - Residential dwelling.

Clients plus family
members
Adult Day Care (4 or more
clients, 1 unit per lot)

C C C - - - - - - -
Adult Day Care (3 or fewer
clients, 2 units per lot)

C C C - - - - - - -
Adult Day Care C C C C P P P P P P Commercial facility
Day Care Home - Small
Family (6 or fewer children)
P P P - - - - - - - See Section 10-3.204
a 1
Day Care Home - Large
Family (7-14 children)
P P P - - - - - - - See Section 10-3.204
a 2
Child Day Care Home (15 or
more children)
C C C - - - - - - - See Section 10-3.204
a 3
Child Day Care Center C C C C P P P P P P See Section 10-3.204 b
Convalescent and Other Care
Facility
C C C C P P P P P P Commercial facility
Emergency Shelter - - - - C C P C C C See Section 10-3.205 #16..
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Homeless Shelter - - - - C C P C C C See Section 10-3.205 Low Barrier Navigation Center - - - P* P* P* P* P* P* C C C See Sections 10-

2.149.1 and
10-3.208.1
Residential Care Facility (6 or
fewer persons)

P P P - - - - - - -
Residential Care Facility (7 or
more persons)

C C C - - - - - - -
Residential Care Facility (2 or
more care facilities)
C C C - - - - - - - See Section 10-3.216
Residential Service Facility
(not State licensed)

C C C - - - - - - -
Supportive Housing P P P P P P P - - - See Section 10-2.192 Transitional Housing P P P P P P P - - - See Section 10-2.194 Vehicle Related
Heavy Vehicles See Section 10-2.198
Farm Equipment Sales,
Rental, Repair, & Service
- - - - - - C P P P
Truck & Trailer Sales, Rental,
Repair, & Service
- - - - - - C P P P
Light Vehicles See Section 10-2.199
Minor Maintenance (minor
tune up, smog check)
- - - - C/P C/P C/P C/P C/P C/P See Section 10-3.222
Parts Store - - - - P P P P P P
Rental and Sales - - - - - P P P P P
Repair and Service, Major - - - - - - - C/P C/P C/P See Sections 10-2.199 a and 10-3.222
Repair and Service, Minor - - - - - C/P C/P C/P C/P C/P See Sections 10-2.199 b and 10-3.222
Service Station - - - - P P P P P P
Stereo Installation - - - - - C/P C/P C/P C/P C/P See Section 10-3.222 Legend
P Permitted Use — Not Permitted C Conditional Use Note: A blank box means the land use is not applicable and/or refer to notes. P* Low Barrier Navigation Centers as a Permitted Use in the Mixed Use and Commercial Zones shall be repealed on January 1, 2027.

SECTION 4. AMENDMENT OF CODE. Title 10 of the Modesto Municipal Code, Chapter 3, “Land Use Regulations,” Article 2, “Specific Land Use Regulations,” Section 10-3.205, “Emergency Shelters,” is hereby amended to read as follows:
10-3.205 – Emergency and Homeless Shelters.
(a) Emergency and Homeless Shelters shall be allowed as a permitted use, subject to a ministerial development plan review process, in the C-3 (Highway Commercial) zone subject to the following standards:
(1) Number of Beds. The maximum number of beds or persons permitted to be served nightly by an emergency or homeless shelter shall be determined and as allowed by Building and Fire Codes.
(2) Required Parking. An emergency or homeless shelter shall provide off-street parking at a ratio of one (1) space per employee.
(3) Waiting Area. An emergency or homeless shelter shall provide an on-site, client intake, waiting area to prevent queuing on public sidewalks.
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(4) Onsite management. An emergency or homeless shelter shall have a manager on-site during operating hours.
(5) Proximity. Emergency or homeless shelters shall not be less than 300-feet apart from other emergency or homeless shelters, as measured from the nearest property lines. (6) Length of Stay. The maximum length of stay at an emergency or homeless shelter shall be 180-days in a consecutive 365-day period, or not longer than the time frame established by the California Health and Safety Code for Emergency Shelters, whichever is greater.
(7) Lighting. Sites with an emergency or homeless shelter shall provide lighting in all parking, pedestrian, and entry areas. Lighting shall be in compliance with Title 24, California Code of Regulations.
(8) Security. Emergency or homeless shelters shall provide on-site security during hours that the emergency shelter is in operation.

No other development standards than the above standards shall be applied to emergency and homeless shelters.

SECTION 5. AMENDMENT OF CODE. Title 10 of the Modesto Municipal Code, Chapter 3, “Land Use Regulations,” Article 2, “Specific Land Use Regulations,” Section 10-3.208.1, “Low Barrier Navigation Center,” is hereby added to read as follows:
10-3.208.1– Low Barrier Navigation Centers.
(a) The provisions in this Section, related to Low Barrier Navigation Centers are repealed as of January 1, 2027, unless the provisions of Article 12 of Chapter 3 of Division 1 of Title 7 of the Government Code are extended by the State beyond that date. Subsequent to that day, unless the provisions are extended by the State, Low Barrier Navigation Centers shall be permitted with the approval of a Conditional Use Permit in the commercial and industrial zones. (b) A Low Barrier Navigation Center shall be subject to the following requirements:
(1) It offers services to connect people to permanent housing through a services plan that identifies services staffing; and,
(2) It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing; and,
i. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, #16..
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2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
(3) It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code; and,
(4) It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations. (c ) The City shall notify an applicant for a Low Barrier Navigation Center within 30 days of receipt of an application whether the application is complete. The City shall act on an application for a Low Barrier Navigation Center within 60 days of the receipt of a complete application.

SECTION 6. CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”).

The proposed Ordinance is exempt from CEQA under the general rule in CEQA Guidelines section 15061(b)(3), that CEQA only applies to projects that have the potential for causing a significant effect on the environment.

SECTION 7. EFFECTIVE DATE.

This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days following its final passage and adoption.

SECTION 8. 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 ____________, 202_, by Council Member ____________, #16..
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who moved its introduction and passage to print, which motion being duly seconded by Council Member ____________, was upon roll call carried and ordered printed and published by the following vote:

AYES: Council Members:

NAYS: Council Members:

ABSENT: Council Members:

APPROVED:_________________________
SUE ZWAHLEN, Mayor
ATTEST:

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

BY: __________________________________
JOSE M. SANCHEZ, City Attorney
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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: ________________________

SUE ZWAHLEN, MAYOR
ATTEST: ____________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: _________________, 2023
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Chapter 2, “Definitions,” Article 1, “Definitions,” Sections 10-2.125, 10-2.133 and 10-

2.194 are hereby amended to read as follows:
10-2.125 – Emergency Shelter.

Any structure or facility, the primary purpose of which is to providing provide housing or temporary shelter, with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by homeless persons. No individual or household may be denied emergency shelter because of an inability to pay. This definition includes other interim interventions, including but not limited to a navigation center, bridge housing, and respite or recuperative care.
10-2.133 - Homeless Shelter.

Any structure designed, constructed, intended, or occupied for temporary occupancy by homeless persons for dwelling, lodging, or sleeping purposes. Medical assistance, training, counseling, and personal services essential to enable homeless persons to make the transition to permanent shelter may be provided, with or without meals, as part of the operation of a homeless shelter.A Homeless Shelter means any of the following:
(a) Any facility, the primary purpose of which is to provide a temporary shelter for the homeless in general or for specific populations of the homeless and which does not require occupants to sign leases or occupancy agreements; or
(b) An Emergency Shelter, as defined in Section 10-2.125; or (c) A Navigation Center is a Housing First, low-barrier, service-enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
10-2.194 - Transitional Housing.

Housing that provides supportive services for up to two (2) years that is exclusively designated and is targeted for recently homeless persons. Transitional housing includes selfsufficiency development services that are designed to assist the homeless in retaining, with #16..
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the ultimate goal of moving recently homeless persons to permanent housing as quickly as possible, and limits rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development’s requirements for subsidized housing for low- income persons. Rents and service fees paid for transitional housing may be reserved, in whole or in part, to assist residents in moving to permanent housing.

Chapter 3, “Land Use Regulations,” Article 1, “Permitted and Conditional Land Uses,” Section 10-3.101, Table 3.1-1 “Permitted and Conditional Land Uses,” Commercial Section is hereby amended to read as follows:

Land Use Zoning Districts
R-1 R-2 R-3 P-O C-1 C-2 C-3 C-M M-1 M-2
Notes

COMMERCIAL
Communication
Broadcasting Studio (radio or
television)
- - - - - P P P P P
Radio or Television
Transmitter
- - - - C C C P P P
Wireless Telecommunication
Facilities
See Chapter 3,
Article 4
Entertainment
Adult Entertainment Business - - - - - - - - P P See Chapter 3, Article 3
Carnival (entertainment permit
required)
- - - - - P P P P P See Title 4, Chapter
1, Article 4
Circus (entertainment permit
required)
- - - - - P P P P P See Title 4, Chapter
1, Article 4
Entertainment Establishment
(entertainment permit
required)
- - - - - P P P P P See Title 4, Chapter
1, Article 4
Theater, Motion Picture
(indoor)
- - - - - P P P P P
Commercial Cannabis Uses See Chapter 3,
Article 7
Commercial Marijuana
Activity
- - - - - - - - - See Section 10-3.210
Lodging
Motel, Hotel - - - P P P P P P P
Bed and Breakfast (2 rooms
for lodging, owner resides on
site)

Page 3 of 6 ends

Fund Raisers (nonprofit
organizations)
P P P P P P P P P P See Section 10-3.212
c
Outdoor Dining Areas - - - - P P P P P P See Section 10-3.212 d
Outdoor Display, major - - - - - P P P P P See Section 10-3.212 e (2)
Outdoor Display, minor - - - - P P P P P P See Section 10-3.212 e (1)
Outdoor Sales (products
customarily sold indoor)
- - - - P P P P P P See Section 10-3.212
f
Promotions P P P P P P P P P P See Section 10-3.212
g
Seasonal Sales (fireworks,
pumpkins, Christmas trees)
P P P P P P P P P P See Section 10-3.212
h
Mobile Food Facilities - - - - P P P P P P See Sections 10-

3.210 and 10-3.212 i
Flea Market - Indoor - - - - - P P P P P
Flea Market - Outdoor - - - - - - - - P P
Industrial - - - - - - - P P P See Section 10-3.213
Recreational
Campground, Recreation
Vehicle Overnight Park
- - - - - - C P P P
Health Club - - - - P P P P P P
Private Club, Lodge, Social
Club, Cultural Center
- - - - P P P P P P
Recreation Facility - Indoor - - - - C P P P P P See Section 10-2.165 Recreation Facility - Outdoor - - - - - C C P P P See Section 10-2.166 Recycling (Collection)
Recycling Facility, Large
(more than 500 SF area)
- - - - - C C P P P
Recycling Facility, Small (500
SF max area)
- - - - P P P P P P See Section 10-3.215
b
Unattended Containers no
more than 50 SF area (in
residential zones w/ school,
church, or government use)
P P P - - - - - - - See Section 10-3.215
a
Unattended
Containers/Reverse Vending
Machine no more than 50 SF
area (w/ permitted or
conditional use)
- - - P P P P P P P
Restaurants
Banquet Hall - - - - - C/P C/P C/P C/P C/P See Section 10-3.203 Bar, Cocktail Lounge, Tavern - - - - - C/P C/P C/P C/P C/P See Section 10-3.203 Restaurants (w/ alcohol) - - - - C/P C/P C/P C/P C/P C/P See Section 10-3.203 Restaurants (w/o alcohol) - - - - P P P P P P
Retail
General Retail - - - - - P P P P P See Section 10-2.174 Neighborhood Retail - - - - P P P P P P See Section 10-2.175 Services
General Services
Ambulance Service - - - - - P P P P P
Armored Car Service - - - - - P P P P P
Business Services - - - P P P P P P P See Section 10-2.178 Car Wash - - - - - C/P C/P C/P C/P C/P See Section 10-3.222 Equipment Rental (indoors) - - - - - P P P P P
Exterminating Service - - - - - P P P P P
Fortune Telling - - - - - P P P P P
Funeral Home (includes
cremation)
- - - - - C C P P P
Janitor Service - - - - - P P P P P
Kennel - - - - - C C P P P
Laboratory (research and
testing)
- - - - - P P P P P
Package Delivery Service - - - - - - C P P P
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Personal Services - - - P P P P P P P See Section 10-2.179 Security Company - - - - - P P P P P
Self Storage - - - - - - C P P P
Sign Painting Shop - - - - - P P P P P
Stone Monument - - - - C C C P P P
Taxicab Service - - - - - P P P P P
Taxidermist Shop - - - - - P P P P P
Towing Services (no
impound yard)
- - - - - P P P P P
Trade Services - - - - - P P P P P See Section 10-2.182 Repair Services
Major Repair - - - - - P P P P P See Section 10-2.180
Minor Repair - - - - P P P P P P See Section 10-2.181
Social Assistance Services
Assisted Living Facility C C P P P P P - - -
Adult Day Care (3 or fewer
clients, 1 unit per lot)
P P P - - - - - - - Residential dwelling.

Clients plus family
members
Adult Day Care (4 or more
clients, 1 unit per lot)

C C C - - - - - - -
Adult Day Care (3 or fewer
clients, 2 units per lot)

C C C - - - - - - -
Adult Day Care C C C C P P P P P P Commercial facility
Day Care Home - Small
Family (6 or fewer children)
P P P - - - - - - - See Section 10-3.204
a 1
Day Care Home - Large
Family (7-14 children)
P P P - - - - - - - See Section 10-3.204
a 2
Child Day Care Home (15
or more children)
C C C - - - - - - - See Section 10-3.204
a 3
Child Day Care Center C C C C P P P P P P See Section 10-3.204 b
Convalescent and Other
Care Facility
C C C C P P P P P P Commercial facility
Emergency Shelter - - - - C C C P C C C See Section 10-3.205 Homeless Shelter - - - - C C C P C C C See Section 10-3.205 Low Barrier Navigation
Center
P P P P C C C See Sections 10-

2.149.1 and
10-3.208.1
Residential Care Facility (6
or fewer persons)

P P P - - - - - - -
Residential Care Facility (7
or more persons)

C C C - - - - - - -
Residential Care Facility (2
or more care facilities)
C C C - - - - - - - See Section 10-3.216
Residential Service Facility
(not State licensed)

2.199 a and 10-3.222
Repair and Service, Minor - - - - - C/P C/P C/P C/P C/P See Sections 10-

2.199 b and 10-3.222
Service Station - - - - P P P P P P
Stereo Installation - - - - - C/P C/P C/P C/P C/P See Section 10-3.222 #16..
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Legend
P Permitted Use — Not Permitted C Conditional Use Note: A blank box means the land use is not applicable and/or refer to notes.

Chapter 3, “Land Use Regulations,” Article 2, “Specific Land Use Regulations,” Section 10-3.205, “Emergency Shelters,” is hereby amended to read as follows:

Article 2. – Specific Land Use Regulations
10-3.205 -– Emergency and Homeless Shelters.

One (1), and only one (1), emergency shelter shall be allowed as a permitted use, subject to the development plan review process, in the C-M, M-1 or M-2 zone subsequent to the effective date of this ordinance. Any and all additional emergency shelters proposed or established after this single-shelter exception shall be subject to the conditional use permit requirement indicated in Table 3.1-1
Emergency and Homeless Shelters shall be allowed as a permitted use, subject to a ministerial development plan review process, in the C-3 (Highway Commercial) zone subject to the following standards:.
(1) Number of Beds. The maximum number of beds or persons permitted to be served nightly by an emergency or homeless shelter shall be determined and as allowed by Building and Fire Codes.
(2) Required Parking. An emergency or homeless shelter shall provide off-street parking at a ratio of one (1) space per employee.
(3) Waiting Area. An emergency or homeless shelter shall provide an on-site, client intake, waiting area to prevent queuing on public sidewalks.
(4) Onsite management. An emergency or homeless shelter shall have an manager on-site during operating hours.
(5) Proximity. Emergency or homeless shelters shall not be less than 300-feet apart from other emergency or homeless shelter, as measured from from the nearest property lines. (6) Length of Stay. The maximum length of stay at an emergency or homeless shelter shall be 180-days in a consecutive 365-day period, or not longer than the time frame established by the California Health and Safety Code for Emergency Shelters, whichever is greater.
(7) Lighting. Sites with an emergency or homeless shelter shall provide lighting in all parking, pedestrian, and entry areas. Lighting shall be in compliance with Title 24, California Code of Regulations.
(8) Security. Emergency or homeless shelters shall provide on-site security during hours that the emergency shelter is in operation.
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No other development standards than the above standards shall be applied to emergency or homeless shelters.
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 7, 2023
Date: October 4, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: City-initiated Multi-Family Housing and Mixed-Use Projects CONTACT: Michael Hren, Principal Planner,
[email protected], 209-577-5273
DESCRIPTION:

Hearing to consider Ordinances establishing Mixed-Use Pedestrian (MU-P) and Mixed-Use Highway (MU-H) Zones, an Ordinance rezoning parcels in the McHenry, Sisk, Oakdale, and Yosemite commercial corridors to MU-P and MU-H zones, and an Ordinance amending Planned Developments in the McHenry, Sisk, Oakdale, and Yosemite commercial corridors to allow multifamily residential uses in addition to existing uses. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s (2020-2025) Strategic Plan, Goal C: Develop a Homelessness and Housing Plan
BACKGROUND:

In the Housing Element, the City provides a plan to accommodate the Regional Housing Needs Allocation (RHNA), which is the number of units of housing that the City is required by the State to provide sufficient, appropriately zoned land for during the eight-year planning period for the 6th Cycle Housing Element. During this cycle of the Housing Element, the City is required to plan for 11,248 units.

In 2022, the City Council adopted the Modesto Housing Plan, which indicated that the preferred method to increase housing options within the City was to increase density by adding housing along commercial corridors, rather than by expanding the City’s borders. Per the recommendations of the Plan, allowing housing along Modesto’s commercial corridors creates new possibilities for developing mixed-use neighborhoods throughout the city and transforming Modesto’s major streets. This transformation will unlock new and exciting opportunities to locate housing, jobs, shopping, and entertainment close to each other and to revitalize vacant and underused commercial areas in the process.
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City-initiated Multi-Family Housing and Mixed-Use Projects

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The Housing Plan’s goals include serving Modesto’s current and future housing needs by facilitating a wider range of housing options, which the rezoning of properties to Mixed-Use Zones allows. Making multi-family residential uses allowed by-right in commercial corridors is intended to encourage the production of infill multi-family housing on underdeveloped parcels and/or parcels with excessive parking areas and provide opportunities for property owners to redevelop sites including multi-family housing options as well.

DISCUSSION:

To facilitate multi-family housing in commercial corridors, the City proposes to establish two (2) mixed use zones that will allow multi-family residential uses in addition to commercial uses.

Currently, the city does not have a mixed-use zoning designation.

The Mixed Use – Pedestrian Oriented (MU-P) zone is intended to promote and guide the development of pedestrian-oriented, multifamily residential infill on lots or portions of lots that are currently developed or underdeveloped with General Commercial uses. The MU-P zone is intended for areas located adjacent to streets that are not more than two (2) travel lanes in each direction. The proposed MU-P Zone will allow the land uses permitted per the C-2 (General Commercial) Zone. Additionally, the multi-family residential land use will be allowed with the same regulations as in the Medium High Density Residential (R-3) Zone, except that the allowable density for multi-family residential development is 22 to 45 dwelling units per acre.

The Mixed Use – Highway Oriented (MU-H) zone is intended to promote and guide the development of multi-family residential infill on lots or portions of lots in areas that are currently developed with General Commercial or Highway Commercial uses. The MU-H zone is intended for areas located adjacent to streets that are more than two (2) travel lanes in each direction. The MU-H Zone allows uses as in the Highway Commercial (C-3) Zone, except for the emergency shelter land use. Additionally, the multi-family residential land use will be allowed with the same regulations as in the Medium High Density Residential (R-3) Zone, except that the allowable density for multi-family residential development is 22 to 45 dwelling units per acre.

Staff is proposing rezoning to MU-P for properties in the commercial corridors on Oakdale Road and the portion of McHenry Avenue south of Briggsmore Avenue and rezoning to MU-H is proposed for properties in the commercial corridors on Sisk Road, Yosemite Boulevard, and the portion of McHenry Avenue north of Briggsmore Avenue.

Additionally, to accommodate more housing opportunities staff proposes to amend parcels within the McHenry, Sisk, Oakdale, and Yosemite commercial corridors that are zoned as Planned Developments to include multi-family residential development as an additional allowable use subject to the same standards and regulations as in the Medium-High Density Residential (R-3) Zone, except the allowable density will be from 22 to 45 dwelling units per acre.

The proposed amendment to the zoning map affects 348 parcels. 194 parcels are proposed to be rezoned to the Mixed-Use Pedestrian (MU-P) Zone, and 154 parcels are proposed to be rezoned to the Mixed-Use Highway (MU-H) Zone. In most cases, where there are multiple zones on affected parcels, all zones are to be overwritten with the new zoning. In cases where an affected parcel is partially zoned as a Planned Development, only the portion of the parcel that is not in a Planned Development will be rezoned. The proposed Planned Development Amendment affects 38 Planned Developments.
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The City has proposed these changes to encourage multifamily development at a higher density than is currently allowed in the City, and in a mixed use context that staff believes is appropriate for the commercial corridors. This implementation strategy is founded on the work done in the adopted 2022 Housing Plan and was created with the assistance of the City’s consultant on the Housing Element, Michael Baker International.

The proposed rezoning and PDA do not reduce or remove existing allowable uses, in the new mixed-use zones. These actions will not make existing uses nonconforming, nor require existing uses to stop, nor require existing buildings to be demolished, nor will they disallow future commercial development from taking place. There is not a required percentage of residential or commercial development on each parcel or Planned Development as a result of these proposed changes. Essentially, these changes add multi-family residential development as an allowed use to the affected parcels and Planned Developments.

The City is relying on these efforts to satisfy the requirements the State has placed upon it regarding the Regional Housing Needs Allocation (RHNA), and without these changes, the City would not be able to satisfy those requirements in a timely fashion. Failure to implement these changes would delay the adoption of the housing element, which in turn could have broad and detrimental consequences for the City as a whole. These consequences may include but are not limited to loss of State funding, loss of future funding opportunities, reduction or loss of local land use authority, and legal action from the State or other parties. Delaying the adoption of the proposed changes would trigger additional regulations for the affected sites per Government Code 65583.2(h) that would reduce the City’s land use authority.

Staff has incorporated requirements related to windows and balconies above the first floor for multiple-family buildings. Where a multi-story residential building is proposed on a lot abutting a Low-Density Residential zoned lot, any walls of the multi-story residential building that could provide unobstructed views (from windows or balconies) of a rear yard or actively used side yard of a low-density residentially zoned parcel, the following shall apply:
(a) Multi-story residential building shall have either no windows or windows with a bottom sill located at least five (5) feet eight (8) inches from the finished floor of any story above the first; and
(b) No balconies shall face the low-density residentially zoned parcel.

For windows that are required by building code for egress purposes, those windows must be frosted or otherwise provide additional privacy to the satisfaction of the Director of Community & Economic Development. Projects will be reviewed through the City’s existing Development Plan Review process at the staff level.

The City held two public workshops via Zoom™ on August 30th and August 31st, 2023, regarding these matters. City staff provided a presentation, the slides for which have been made available on the City’s Housing Element webpage, explained the proposed changes, and answered questions from the attendees. The City mailed notices of the workshops to property owners of properties in the McHenry Avenue, Sisk Road, Oakdale Road, and Yosemite Boulevard corridors that would be affected by either this proposed Rezoning or the parallel project, the Planned Development Amendment for parcels in Planned Developments in these same corridors. #17..
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Page 4 of 5 ends

FISCAL IMPACT:

These proposals were initiated by the City to implement the Housing Element in alignment with State regulations. The cost in staff time to prepare these amendments was paid from the current planning division budget.

COMMITTEE RECOMMENDATION:

These items were taken to the Planning Commission on October 16, 2023, and recommended to the City Council for approval.

CEQA/NEPA REQUIREMENTS:

The City has caused to be prepared an Initial Study, Environmental Assessment No. EA/C&ED 2023-19, which concludes that the proposed changes are within the scope of the General Plan Master Environmental Impact Report (SCH No. 2014042081) and that pursuant to Section 21157.1(b) of the CEQA Guidelines, no new environmental review is required.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Motion introducing and waiving the first reading of an Ordinance amending Chapter 7 “Other Zones” of Title 10 of the Modesto Municipal Code to add Article 6 regarding a Mixed-Use Pedestrian Oriented (MU-P) Zone.

Motion introducing and waiving the first reading of an Ordinance amending Chapter 7 “Other Zones” of Title 10 of the Modesto Municipal Code to add Article 7 regarding a Mixed-Use Highway Oriented (MU-H) Zone.

Motion introducing and waiving the first reading of an Ordinance rezoning parcels in the McHenry, Sisk, Oakdale, and Yosemite commercial corridors to MU-P and MU-H zones.

Motion introducing and waiving the first reading of an Ordinance amending Planned Developments in the McHenry, Sisk, Oakdale, and Yosemite commercial corridors to allow multifamily residential uses in addition to existing uses.

Approved by:

Jessica Hill,
Director of Community and Economic Development
Department
Joseph P. Lopez, City Manager
Attachments:

1. Ordinance establishing Mixed-Use Pedestrian (MU-P) Zone.

2. Ordinance establishing Mixed-Use Highway (MU-H) Zone. #17..
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Page 5 of 5 ends

3. Ordinance rezoning parcels in the McHenry, Sisk, Oakdale, and Yosemite commercial corridors to MU-P and MU-H zones.

4. Ordinance amending Planned Developments in the McHenry, Sisk, Oakdale, and Yosemite commercial corridors to allow multi-family residential uses in addition to existing uses. #17..
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1–
ORDINANCE NO. -C.S.

AN ORDINANCE AMENDING CHAPTER 7 “OTHER ZONES”
OF TITLE 10 OF THE MODESTO MUNICIPAL CODE TO ADD
ARTICLE 6 REGARDING A MIXED USE PEDESTRIAN

ORIENTED (MU-P) ZONE
WHEREAS, housing production in State of California has not kept pace with demand, resulting in the lack of housing and in particular lack of affordable housing; and WHEREAS, this code amendment is necessary at this time as the city undertakes an update of both the General Plan and the Housing Element; and WHEREAS, a public hearing was held by the Planning Commission on October 2, 2023, in the Chambers, 1010 Tenth Street, Modesto, California at which hearing evidence both oral and documentary was received and considered; and
WHEREAS, the city has caused to be prepared an Initial Study, Environmental Assessment No. EA/C&ED 2023-19, which concluded that the proposed zoning code amendments are within the scope of the General Plan Master Environmental Impact Report (SCH No. 2014042081) and that pursuant to Section 21157.1(b) of the CEQA Guidelines, no new environmental review is required; and
WHEREAS, after a public hearing held on October 2, 2023, it was found and determined by the Planning Commission that the requested code amendment will not be detrimental to the public health, safety or welfare because the creation of the Mixed Use zones will provide a means to allow for the addition of multi-family land uses in areas currently developed (or underdeveloped) with commercial uses; Will result in an orderly planned use of land because Mixed Use zones will allow for the inclusion of multi-family land uses in existing commercial corridors (i.e., areas with proximity to services and transit) while providing regulations to protect the #17..
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2–
privacy of single family residentially zoned land; and, is in accordance with the community’s objectives as set forth in the General Plan because the proposed code amendments will provide a means for the City to zone additional sites to allow for the development of multiple family residential uses in addition to the allowed commercial uses consistent with the State’s required Regional Housing Needs Allocation, and
WHEREAS, by Resolution No. 2023-XX adopted on October 2, 2023, the Planning Commission recommended to the Council that the proposed amendments to Title 10 of the Modesto Municipal Code including the addition of Article 6 regarding a Mixed Use Pedestrian Oriented (MU-P) Zone to Chapter 7 of Title 10 of the Modesto Municipal Code, be approved, and
WHEREAS, this Code amendment was set for a public hearing on November 7, 2023, before the City Council, at which date and time said duly noticed public hearing of the Council was held for the purpose of receiving public comment on the proposed addition of Article 6 regarding a Mixed Use Pedestrian Oriented (MU-P) Zone to Chapter 7 of Title 10 of the Modesto Municipal Code, and
WHEREAS, evidence, both written and oral, was duly presented and considered by the City Council at the aforesaid public hearing; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

WHEREAS, after a public hearing held on November 7, 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 creation of the Mixed Use zones will provide a means to #17..
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allow for the addition of multi-family land uses in areas currently developed (or under-developed) with commercial uses.

2. The requested change will result in an orderly planned use of land because the proposed Mixed Use-Highway Oriented (MU-H) and Mixed Use – Pedestrian Oriented (MU-P) zones will allow for the inclusion of multi-family land uses in existing commercial corridors (i.e., areas with proximity to services and transit) while providing regulations to protect the privacy of single family residentially zoned land; and follow the goals of the Housing Plan to incorporate additional density through mixed-use development.

3. The requested change is in accordance with the community’s objectives as set forth in the General Plan and any applicable specific plans because the proposed code amendments will provide a means for the City to zone additional sites to allow for the development of multiple family residential uses in addition to the allowed commercial uses consistent with the State’s required Regional Housing Needs Allocation.

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

SECTION 1. AMENDMENT OF CODE. Title 10 of the Modesto Municipal Code, Chapter 7, “Other Zones,” Article 6, “Mixed Use Pedestrian Oriented (MU-P) Zone” is hereby added to read as follows:

Article 6 – Mixed Use Pedestrian Oriented (MU-P) Zone
10-7.601 Purpose and intent.
(a) This Article establishes the following Mixed Use Zone:
(1) Mixed Use Pedestrian Oriented (MU-P) zone. The MU-P zone is intended to promote and guide the development of pedestrian-oriented, multifamily residential infill on lots or portions of lots that are currently developed or underdeveloped with General Commercial uses. The Mixed Use Pedestrian Oriented (MU-P) zone is intended for areas located adjacent to streets that are not more than two (2) travel lanes in each direction.
10-7.602 Applicability.

The provisions of this article shall supersede any standards, provisions, or regulations of all other articles of Title 10 that are in conflict with its provisions. All other standards, provisions, or regulations of Title 10 not in conflict with this article shall remain in effect.

When applying other provisions of Title 10 to the Mixed Use Pedestrian Oriented (MU-P) zone, the MU-P zone shall be considered as the equivalent to the C-2 (General Commercial) for commercial uses; and as the equivalent to the R-3 (Medium-High Density Residential) for high density residential uses, as modified herein.
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10-7.603 Permitted Uses.

Table 7.6-1
Zoning
Land Use District
MU – P
Notes

AGRICULTURAL
Community Gardens P See Section 10-2.114
Fruit and nut trees, vines, row crops,
horticulture stock
P

RESIDENTIAL
Accessory Uses
Animals and Fowl -
Garage Sales -
Home Business -
Personal Cannabis Cultivation P See Section 10-3.601 et seq.

Dwellings
Accessory Buildings P See Section 10-4.114
Accessory Dwelling Unit, Junior
Accessory Dwelling Unit
P See Chapter 4, Article 5
Single Family Dwelling -
Manufactured Homes -
Multiple Family P
Mobile Home Parks - 10-7.103(b)(2)
Other Residential Uses within
Dwellings
Lodging and Boarding
(3 or fewer persons, 1 dwelling)
- See Section 10-3.208
Lodging and Boarding
(4 or more persons, 1 dwelling)
- See Section 10-3.208
Lodging and Boarding C See Section 10-3.208
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(3 or fewer persons, 2 dwellings on a lot)
Lodging and Boarding
(4 or more persons, 2 dwellings on a lot)
C See Section 10-3.208

CIVIC/INSTITUTIONAL
Educational Facilities
School – Private
(Including charter schools)
P
School – Public
(Including charter schools)
P
School – Vocational P
Healthcare Facilities
Hospital P
Substance Abuse Clinic/Facility P
Veterinary Hospital (large animals) - See Section 10-2.1100 Veterinary Hospital (small animals) P See Section 10-2.1101 Non-Profit Organization
No Retail
(Office, classroom, meeting hall)
P
Retail P
Public Facilities
Library P
Museum P
Public Buildings and Grounds (i.e.,
corporation yard)
C
Public Facilities, Minor (wells, pumps) P
Public Parks P
Storm Drainage Facilities P
Quasi-Public Facilities
Cemetery - See Section 10-7.103 b 3
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Church (place of worship) P
Utilities
Solar Energy Systems (accessory use) P See Section 10-2.187 Solar Energy Farm - See Section 10-2.186
Utility Company Buildings, Facilities,
and Grounds
C
Utilities and Railroads See Section 10-3.221

3.212 i
Flea Market - Indoor P
Flea Market - Outdoor -
Industrial - See Section 10-3.213
Recreational
Campground, Recreation Vehicle
Overnight Park
-
Health Club P
Private Club, Lodge, Social Club, Cultural
Center
P
Recreation Facility - Indoor P See Section 10-2.165
Recreation Facility - Outdoor C See Section 10-2.166
Recycling (Collection)
Recycling Facility, Large (more than 500 SF
area)
C
Recycling Facility, Small (500 SF max area) P See Section 10-3.215 b #17..
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Unattended Containers no more than 50 SF
area (in residential zones w/ school, church,
or government use)
- See Section 10-3.215 a
Unattended Containers/Reverse Vending
Machine no more than 50 SF area (w/
permitted or conditional use)
P
Restaurants
Banquet Hall C/P See Section 10-3.203
Bar, Cocktail Lounge, Tavern C/P See Section 10-3.203
Restaurants (w/ alcohol) C/P See Section 10-3.203
Restaurants (w/o alcohol) P
Retail
General Retail P See Section 10-2.174
Neighborhood Retail P See Section 10-2.175
Services
General Services
Ambulance Service P
Armored Car Service P
Business Services P See Section 10-2.178
Car Wash C/P See Section 10-3.222
Equipment Rental (indoors) P
Exterminating Service P
Fortune Telling P
Funeral Home (includes cremation) C
Janitor Service P
Kennel C
Laboratory (research and testing) P
Package Delivery Service -
Personal Services P See Section 10-2.179
Security Company P
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Self Storage -
Sign Painting Shop P
Stone Monument C
Taxicab Service P
Taxidermist Shop P
Towing Services (no impound yard) P
Trade Services P See Section 10-2.182
Repair Services
Major Repair P See Section 10-2.180
Minor Repair P See Section 10-2.181
Social Assistance Services
Assisted Living Facility P
Adult Day Care (3 or fewer clients, 1
unit per lot)
- Residential dwelling. Clients plus
family members
Adult Day Care (4 or more clients, 1
unit per lot)
-
Adult Day Care (3 or fewer clients, 2
units per lot)
-
Adult Day Care P Commercial facility
Day Care Home - Small Family (6 or
fewer children)
-
See Section 10-3.204 a 1
Day Care Home - Large Family (7-14
children)
-
See Section 10-3.204 a 2
Child Day Care Home (15 or more
children)
-
See Section 10-3.204 a 3
Child Day Care Center P See Section 10-3.204 b
Convalescent and Other Care Facility P Commercial facility Emergency Shelter - See Section 10-3.205
Homeless Shelter -
Residential Care Facility (6 or fewer
persons)
-
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Residential Care Facility
(7 or more persons)
-
Residential Care Facility
(2 or more care facilities)
- See Section 10-3.216
Residential Service Facility
(not State licensed)
-
Supportive Housing P See Section 10-2.192
Transitional Housing P See Section 10-2.194
Vehicle Related
Heavy Vehicles See Section 10-2.198
Farm Equipment Sales, Rental, Repair,
& Service
-
Truck & Trailer Sales, Rental, Repair,
& Service
-
Light Vehicles See Section 10-2.199
Minor Maintenance
(minor tune up, smog check)
C/P See Section 10-3.222
Parts Store P
Rental and Sales P
Repair and Service, Major - See Sections 10-2.199 a and 10-

3.222
Repair and Service, Minor C/P See Sections 10-2.199 b and 10-

3.222
Service Station P
Stereo Installation C/P See Section 10-3.222

INDUSTRIAL
Manufacturing
Heavy - See Section 10-2.150
Light - See Section 10-2.151
Other Manufacturing Involving:
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Chemical Products (Hazardous) -
Explosives -
Natural Gas and Gas Products -
Paper, Pulp, and Wood (no burning
operation)
-
Other Industrial
Animal Slaughter Facility -
Brewery -
Microbrewery C/P See Section 10-3.203
Bulk Fuel Storage (Class II flammable
liquids for the power needs of food
processing plants)
-
Cabinet Shop -
Contracting Business (with equipment and
materials yard)
-
Distributing, Freighting or Trucking Yard -
Equipment Rental Yard -
Laundry and Dry Cleaning Plant -
Machine Shop -
Power Plant -
Rock Crushing -
Sand, Gravel, Brick, and Building Block
Yard (no concrete mixing, manufacture or
rock crushing)
-
Sheet Metal Shop -
Tire Rebuilding, Recapping, Retreading -
Transit and Transportation Equipment
Storage Yard
-
Vehicle Impound Yard -
Warehousing -
Waste Disposal or Transfer Station -
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Welding Shop -
Wholesale Business -
Winery -
Recycling Facilities
Recycling, Junk Handling, Processing and
Storage, Heavy
-
Recycling Processing Facility, Light -
Vehicle Salvage, Wrecking -
Miscellaneous
Accessory Uses and Buildings
Customarily incidental to permitted &
conditional uses
P
Incidental Manufacturing, Processing,
Packaging, Storage, or Wholesale Sales
P
Parking
Parking Area in residential zone for adjacent
nonresidential use in nonresidential zone
-
Parking Area in P-O zone for adjacent
commercial use in commercial zone
-
Parking Lot or Garage P
Recreational Vehicles P See Section 10-3.214
Trucks and Truck Trailers in residential
zones
-
See Section 10-3.220
Temporary Buildings
Construction Buildings P See Section 10-3.218
Mobile Living Quarters - See Section 10-3.211
Sales Offices and Model Homes P See Section 10-3.219
Legend
P = Permitted Use
- = Not Permitted
C = Conditional Use
Note: A blank box means the land
use is not applicable and/or refer to
notes.
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10-7.604 Mixed-Use Zone Development Standards
Table 7.6-2 Mixed Use – Pedestrian Oriented (MU-P) Development Standards In addition to the following development standards, the Development Standards in Chapter 4 (Development Standards), Article 4 (General Development Standards) shall apply to the Mixed Use – Pedestrian Oriented (MU-P) zone.

Zoning District
Development Standards
MU – P
Notes
SETBACK REQUIREMENTS (Minimum Setbacks)
Residential Buildings (except garage, parking garage, carport, parking space):

Front and Street Side (corner lot) 15-ft. See Section 10-4.106 Side (interior) See Section 10-4.107 b
One-Story Portion 5-ft.

Adjacent to R-1 15-ft.

Two-Story Portion
Not Adjacent to R-1 10-ft.

Adjacent to R-1 20-ft.

Building
Three-story Portion
Not Adjacent to R-1 10-ft.

Rear
One-Story Portion 10-ft.

Two-Story Portion 15-ft.

Adjacent to R-1 20-ft.

Building
Three-story Portion
Not Adjacent to R-1 15-ft.

Commercial or Mixed Use Buildings
Front and Street Side (corner lot) 15-ft. Both frontages on through lots
Lot adjacent to alley 0-ft.

Side (interior)
Building
Not adjacent to
Residential Zone
0-ft.
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One-Story Portion 10 to 40-ft.

Two-Story Portion 20 to 40-ft.

See Section 10-4.203
Adjacent to
Residential Zone1
Three-story and
Higher Portion 50-ft
Rear
Not adjacent to
Residential Zone 0-ft.

One-Story Portion 10-ft.

Two-Story Portion 20-ft.

Building
Adjacent to
Residential Zone1
Three-story and
Higher Portion 50-ft.

Parking Area(s):

Note: Multi-story Parking Structures Shall Meet Setbacks Required for Building Front and Street Side (corner lot) 10-ft.

Lot adjacent to alley 4-ft.

Rear and Side (interior)
Not adjacent to Residential Zone 0-ft.

Adjacent to Residential Zone1 10-ft.

Minimum: 22 du/ac RESIDENTIAL DENSITY
REQUIREMENTS: Maximum: 45 du/ac
HEIGHT REQUIREMENTS (Maximum Stories/Feet, whichever is less) Residential, Commercial, or Mixed Use Buildings:

Not
adjacent to
residential
zone
8 stories/90-feet
Building
Adjacent to
Residential
Zone1
3 stories/45-feet
Added height with CUP
See Section 10-4.401

OTHER REQUIREMENTS
1 Adjacent to residential zone includes R-1, R-2, R-3, or residential P-D zones in the City or County. Note: Except as modified herein, Multifamily development shall comply with R-3 development standards. #17..
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Parking See Chapter 5
Signs See Chapter 6.

Access See Section 10-4.204
Fencing See Section 10-4.406
Design See Section 10-4.205
Landscaping See Chapter 4, Table 4.2-1
10-7.605 Upper Story Provisions for Multifamily Development in a Mixed Use Zone (a) Where a multi-story residential building is proposed on a lot abutting a Low-Density Residentially zoned lot, any walls of the multi-story residential building that could provide unobstructed views (from windows or balconies) of a rear yard or actively used side yard on a Low-Density residentially zoned lot, the following shall apply:
(1) The Multi-story residential building shall have either no windows or windows with a bottom sill located at least five (5) feet eight (8) inches from the finished floor of a second (or higher) story; and
(2) No balconies shall face the low-density residentially zoned parcel. (b) The requirement in part (a) does not apply to windows required by the Building Code to be usable for accessible emergency access.
(1) Windows required for emergency access shall be frosted or otherwise altered to provide additional privacy, as approved by the Director, if those windows are located on walls that could provide unobstructed views of a rear yard or actively used side yard on a Low-Density Residentially zoned lot. 10-7.606 General Parking Provisions
Unless otherwise provided in this article, the parking requirements shall be as specified in Chapter 5 – Parking Requirements.

SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The City has caused to be prepared an Initial Study, Environmental Assessment No. EA/C&ED 2023-19, which concluded that the proposed zoning code amendments are within the scope of the General Plan Master Environmental Impact Report (SCH No. 2014042081) and that pursuant to Section 21157.1(b) of the CEQA Guidelines, no new environmental review is required. #17..
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SECTION 3. 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 4. 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 7th day of November, 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
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APPROVED AS TO DESCRIPTION:

By:

Community & Economic Development
Department, Planning Division
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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-PEREZ, City Clerk
Effective Date: _________________, 2023
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ORDINANCE NO. -C.S.

AN ORDINANCE AMENDING CHAPTER 7 “OTHER ZONES”
OF TITLE 10 OF THE MODESTO MUNICIPAL CODE TO ADD
ARTICLE 7 REGARDING A MIXED USE HIGHWAY

ORIENTED (MU-H) ZONE
WHEREAS, housing production in State of California has not kept pace with demand, resulting in the lack of housing and in particular lack of affordable housing; and WHEREAS, this code amendment is necessary at this time as the city undertakes an update of both the General Plan and the Housing Element; and WHEREAS, a public hearing was held by the Planning Commission on October 2, 2023, in the Chambers, 1010 Tenth Street, Modesto, California at which hearing evidence both oral and documentary was received and considered; and
WHEREAS, the city has caused to be prepared an Initial Study, Environmental Assessment No. EA/C&ED 2023-19, which concluded that the proposed zoning code amendments are within the scope of the General Plan Master Environmental Impact Report (SCH No. 2014042081) and that pursuant to Section 21157.1(b) of the CEQA Guidelines, no new environmental review is required; and
WHEREAS, after a public hearing held on October 2, 2023, it was found and determined by the Planning Commission that the requested code amendment will not be detrimental to the public health, safety or welfare because the creation of the Mixed Use zones will provide a means to allow for the addition of multi-family land uses in areas currently developed (or underdeveloped) with commercial uses; Will result in an orderly planned use of land because Mixed Use zones will allow for the inclusion of multi-family land uses in existing commercial corridors (i.e., areas with proximity to services and transit) while providing regulations to protect the #17..
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privacy of single family residentially zoned land; and, is in accordance with the community’s objectives as set forth in the General Plan because the proposed code amendments will provide a means for the City to zone additional sites to allow for the development of multiple family residential uses in addition to the allowed commercial uses consistent with the State’s required Regional Housing Needs Allocation, and
WHEREAS, by Resolution No. 2023-XX adopted on October 2, 2023, the Planning Commission recommended to the Council that the proposed amendments to Title 10 of the Modesto Municipal Code including the addition of Article 7 regarding a Mixed Use Highway Oriented (MU-H) Zone to Chapter 7 of Title 10 of the Modesto Municipal Code, be approved, and
WHEREAS, this Code amendment was set for a public hearing on November 7, 2023, before the City Council, at which date and time said duly noticed public hearing of the Council was held for the purpose of receiving public comment on the proposed addition of Article 7 regarding a Mixed Use Highway Oriented (MU-H) Zone to Chapter 7 of Title 10 of the Modesto Municipal Code, and
WHEREAS, evidence, both written and oral, was duly presented and considered by the City Council at the aforesaid public hearing; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

WHEREAS, after a public hearing held on November 7, 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 creation of the Mixed Use zones will provide a means to #17..
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allow for the addition of multi-family land uses in areas currently developed (or under-developed) with commercial uses.

3. The requested change is in accordance with the community’s objectives as set forth in the General Plan and any applicable specific plans because the proposed code amendments will provide a means for the City to zone additional sites to allow for the development of multiple family residential uses in addition to the allowed commercial uses consistent with the State’s required Regional Housing Needs Allocation.

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

SECTION 1. AMENDMENT OF CODE. Title 10 of the Modesto Municipal Code, Chapter 7, “Other Zones,” Article 7, “Mixed Use Highway Oriented (MU-H) Zone” is hereby added to read as follows:

Article 7 – Mixed Use Highway Oriented (MU-H) Zone
10-7.701 Purpose and intent.
(a) This Article establishes the following Mixed Use Zone:
(1) Mixed Use Highway Oriented (MU-H) zone. The MU-H zone is intended to promote and guide the development of multifamily residential infill on lots (or portions of lots) in areas that are currently developed with General Commercial or Highway Commercial uses. The Mixed Use Highway Oriented (MU-H) zone is intended for areas located adjacent to streets that are more than two (2) travel lanes in each direction.
10-7.702 Applicability.

When applying other provisions of Title 10 to the Mixed Use Highway Oriented (MU-H) zone, the MU-H zone shall be considered as the equivalent to the C-3 (Highway Commercial) for commercial uses; and as the equivalent to the R-3 (Medium-High Density Residential) for high density residential uses, as modified herein.
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10-7.703 Permitted and Conditional Land Uses.

Table 7.7-1
Zoning District
Land Use
MU - H
Notes

AGRICULTURAL
Community Gardens P See Section 10-2.114
Fruit and nut trees, vines, row crops,
horticulture stock
P

RESIDENTIAL
Accessory Uses
Animals and Fowl -
Garage Sales -
Home Business -
Personal Cannabis Cultivation P See Section 10-3.601 et seq.

Dwellings
Accessory Buildings P See Section 10-4.114
Accessory Dwelling Unit, Junior
Accessory Dwelling Unit
P See Chapter 4, Article 5
Single Family Dwelling -
Manufactured Homes -
Multiple Family P
Mobile Home Parks - 10-7.103(b)(2)
Other Residential Uses within
Dwellings
Lodging and Boarding (3 or fewer
persons, 1 dwelling)
- See Section 10-3.208
Lodging and Boarding (4 or more
persons, 1 dwelling)
- See Section 10-3.208
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Lodging and Boarding (3 or fewer
persons, 2 dwellings on a lot)
C See Section 10-3.208
Lodging and Boarding (4 or more
persons, 2 dwellings on a lot)
C See Section 10-3.208

CIVIC/INSTITUTIONAL
Educational Facilities
School – Private (including charter
schools
P
School – Public (including charter
schools
P
School – Vocational P
Healthcare Facilities
Hospital P
Substance Abuse Clinic/Facility P
Veterinary Hospital (large animals) - See Section 10-2.1100 Veterinary Hospital (small animals) P See Section 10-2.1101 Non-Profit Organization
No Retail (office, classroom, meeting
hall)
P
Retail P
Public Facilities
Library P
Museum P
Public Buildings and Grounds (i.e.,
corporation yard)
C
Public Facilities, Minor (wells, pumps) P
Public Parks P
Storm Drainage Facilities P
Quasi-Public Facilities
Cemetery - See Section 10-7.103 b 3
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Church (place of worship) P
Utilities
Solar Energy Systems (accessory use) P See Section 10-2.187 Solar Energy Farm - See Section 10-2.186
Utility Company Buildings, Facilities,
and Grounds
C
Utilities and Railroads See Section 10-3.221

COMMERCIAL
Communication
Broadcasting Studio (Radio or television) P
Radio or Television Transmitter C
Wireless Telecommunication Facilities See Chapter 3, Article 4 Entertainment
Adult Entertainment Business - See Chapter 3, Article 3 Carnival (entertainment permit required) P See Title 4, Chapter 1, Article 4 Circus (entertainment permit required) P See Title 4, Chapter 1, Article 4 Entertainment Establishment
(entertainment permit required)
P See Title 4, Chapter 1, Article 4
Theater, Motion Picture (indoor) P
Commercial Cannabis Uses See Chapter 3, Article 7
Commercial Marijuana Activity - See Section 10-3.210
Lodging
Motel, Hotel P
Bed and Breakfast (2 rooms for lodging,
owner resides on site)
-
Office
General P See Section 10-2.159
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Medical P See Section 10-2.160
Outdoor Sales and Activities
Auction Yard -
Certified Farmers’ Market P See Section 10-3.212 a
Food and Drink Stands P See Section 10-3.212 b
Fund Raisers (nonprofit organizations) P See Section 10-3.212 c Outdoor Dining Areas P See Section 10-3.212 d
Outdoor Display, major P See Section 10-3.212 e (2)
Outdoor Display, minor P See Section 10-3.212 e (1)
Outdoor Sales (products customarily
sold indoor)
P See Section 10-3.212 f
Promotions P See Section 10-3.212 g
Seasonal Sales (fireworks, pumpkins,
Christmas trees)
P See Section 10-3.212 h
Mobile Food Facilities P See Sections 10-3.210 and 10-3.212 i Flea Market - Indoor P
Flea Market - Outdoor -
Industrial - See Section 10-3.213
Recreational
Campground, Recreation Vehicle Overnight
Park
C
Health Club P
Private Club, Lodge, Social Club, Cultural
Center
P
Recreation Facility - Indoor P See Section 10-2.165
Recreation Facility - Outdoor C See Section 10-2.166
Recycling (Collection)
Recycling Facility, Large (more than 500 SF
area)
C
Recycling Facility, Small (500 SF max area) P See Section 10-3.215 b #17..
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Unattended Containers no more than 50 SF
area (in residential zones w/ school, church,
or government use)
- See Section 10-3.215 a
Unattended Containers/Reverse Vending
Machine no more than 50 SF area (w/
permitted or conditional use)
P
Restaurants
Banquet Hall C/P See Section 10-3.203
Bar, Cocktail Lounge, Tavern C/P See Section 10-3.203
Restaurants (w/ alcohol) C/P See Section 10-3.203
Restaurants (w/o alcohol) P
Retail
General Retail P See Section 10-2.174
Neighborhood Retail P See Section 10-2.175
Services
General Services
Ambulance Service P
Armored Car Service P
Business Services P See Section 10-2.178
Car Wash C/P See Section 10-3.222
Equipment Rental (indoors) P
Exterminating Service P
Fortune Telling P
Funeral Home (includes cremation) C
Janitor Service P
Kennel C
Laboratory (research and testing) P
Package Delivery Service C
Personal Services P See Section 10-2.179
Security Company P
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Self Storage C
Sign Painting Shop P
Stone Monument C
Taxicab Service P
Taxidermist Shop P
Towing Services (no impound yard) P
Trade Services P See Section 10-2.182
Repair Services
Major Repair P See Section 10-2.180
Minor Repair P See Section 10-2.181
Social Assistance Services
Assisted Living Facility P
Adult Day Care (3 or fewer clients, 1
unit per lot)
- Residential dwelling. Clients plus family
members
Adult Day Care (4 or more clients, 1
unit per lot)
-
Adult Day Care (3 or fewer clients, 2
units per lot)
-
Adult Day Care P Commercial facility
Day Care Home - Small Family (6 or
fewer children)
-
See Section 10-3.204 a 1
Day Care Home - Large Family (7-14
children)
-
See Section 10-3.204 a 2
Child Day Care Home (15 or more
children)
-
See Section 10-3.204 a 3
Child Day Care Center P See Section 10-3.204 b
Convalescent and Other Care Facility P Commercial facility Emergency Shelter - See Section 10-3.205
Homeless Shelter -
Residential Care Facility (6 or fewer
persons)
-
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Residential Care Facility (7 or more
persons)
-
Residential Care Facility (2 or more care
facilities)
- See Section 10-3.216
Residential Service Facility (not State
licensed)
-
Supportive Housing P See Section 10-2.192
Transitional Housing P See Section 10-2.194
Vehicle Related
Heavy Vehicles See Section 10-2.198
Farm Equipment Sales, Rental, Repair,
& Service
C
Truck & Trailer Sales, Rental, Repair,
& Service
C
Light Vehicles See Section 10-2.199
Minor Maintenance (minor tune up,
smog check)
C/P See Section 10-3.222
Parts Store P
Rental and Sales P
Repair and Service, Major - See Sections 10-2.199 a and 10-3.222 Repair and Service, Minor C/P See Sections 10-2.199 b and 10-3.222 Service Station P
Stereo Installation C/P See Section 10-3.222

INDUSTRIAL
Manufacturing
Heavy - See Section 10-2.150
Light - See Section 10-2.151
Other Manufacturing Involving:

Chemical Products (Hazardous) -
Explosives -
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Natural Gas and Gas Products -
Paper, Pulp, and Wood (no burning
operation)
-
Other Industrial
Animal Slaughter Facility -
Brewery -
Microbrewery C/P See Section 10-3.203
Bulk Fuel Storage (Class II flammable
liquids for the power needs of food
processing plants)
-
Cabinet Shop -
Contracting Business (with equipment and
materials yard)
-
Distributing, Freighting or Trucking Yard -
Equipment Rental Yard -
Laundry and Dry Cleaning Plant -
Machine Shop -
Power Plant -
Rock Crushing -
Sand, Gravel, Brick, and Building Block
Yard (no concrete mixing, manufacture or
rock crushing)
-
Sheet Metal Shop -
Tire Rebuilding, Recapping, Retreading -
Transit and Transportation Equipment
Storage Yard
-
Vehicle Impound Yard -
Warehousing -
Waste Disposal or Transfer Station -
Welding Shop -
Wholesale Business -
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Winery -
Recycling Facilities
Recycling, Junk Handling, Processing and
Storage, Heavy
-
Recycling Processing Facility, Light -
Vehicle Salvage, Wrecking -
Miscellaneous
Accessory Uses and Buildings
Customarily incidental to permitted &
conditional uses
P
Incidental Manufacturing, Processing,
Packaging, Storage, or Wholesale Sales
P
Parking
Parking Area in residential zone for adjacent
nonresidential use in nonresidential zone
-
Parking Area in P-O zone for adjacent
commercial use in commercial zone
-
Parking Lot or Garage P
Recreational Vehicles P See Section 10-3.214
Trucks and Truck Trailers in residential
zones
-
See Section 10-3.220
Temporary Buildings
Construction Buildings P See Section 10-3.218
Mobile Living Quarters - See Section 10-3.211
Sales Offices and Model Homes P See Section 10-3.219
Legend
P = Permitted Use
- = Not Permitted
C = Conditional Use
Note: A blank box means the land use is
not applicable and/or refer to notes.
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10-7.704 Mixed-Use Zone Development Standards
Table 7.7-2 Mixed Use- Highway Oriented (MU-H) Zone Development Standards In addition to the following development standards, the Development Standards in Chapter 4 (Development Standards), Article 4 (General Development Standards) shall apply to the Mixed Use – Highway Oriented (MU-H) zone.

Zoning District
Development Standards MU - H
Notes
SETBACK REQUIREMENTS (Minimum Setbacks)
Residential Buildings (except garage, carport, parking space) Front and Street Side (corner lot) 15-ft. See Section 10-4.106 Side (interior) See Section 10-4.107 b
One-Story Portion 5-ft.

Adjacent to R-1 15-ft.

Two-Story Portion
Not Adjacent to R-1 10-ft.

Adjacent to R-1 20-ft.

Building
Three-story Portion
Not Adjacent to R-1 10-ft.

Rear
One-Story Portion 10-ft.

Two-Story Portion 15-ft.

Adjacent to R-1 20-ft.

Building
Three-story Portion
Not Adjacent to R-1 15-ft.

Commercial or Mixed Use Buildings
Front and Street Side (corner lot) 15-ft. Both frontages on through lots
Lot adjacent to alley 15-ft.

Side (interior)
Building Not adjacent to
Residential Zone 0-ft.
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OneStory
Portion
10 to 40-ft.

TwoStory
Portion
20 to 40-ft.

See Section 10-4.203
Adjacent to
Residential
Zone1
Threestory and
Higher
Portion
50-ft
Rear
Not adjacent to
Residential Zone
0-ft.

One-Story
Portion
10-ft.

Two-Story
Portion
20-ft. Building
Adjacen
t to
Resident
ial
Zone1
Three-story
and Higher
Portion
50-ft.

Parking Area(s):

Note: Multi-story Parking Structures Shall Meet Setbacks Required for Building(s) Front and Street Side (corner lot) 10-ft.

Lot adjacent to alley 10-ft.

Rear and Side (interior)
Not adjacent to Residential Zone 0-ft.

Adjacent to Residential Zone1 10-ft.

Minimum: 22 du/ac RESIDENTIAL DENSITY
REQUIREMENTS: Maximum: 45 du/ac
HEIGHT REQUIREMENTS (Maximum Stories/Feet, whichever is less) Residential, Commercial, or Mixed Use Buildings:

Building Not adjacent to residential
zone
3 stories/45
feet
Added height with CUP
See Section 10-4.401
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Adjacent to Residential
Zone1

OTHER REQUIREMENTS
Parking See Chapter 5
Signs See Chapter 6.

Access See Section 10-4.204
Fencing See Section 10-4.406
Design See Section 10-4.205
Landscaping See Chapter 4, Table

4.2-1
10-7.705 Upper Story Provisions for Multifamily Development in a Mixed Use Zone (a) Where a multi-story residential building is proposed on a lot abutting a Low-Density Residentially zoned lot, any walls of the multi-story residential building that could provide unobstructed views (from windows or balconies) of a rear yard or actively used side yard on a Low-Density residentially zoned lot, the following shall apply:
(1) The Multi-story residential building shall have either no windows or windows with a bottom sill located at least five (5) feet eight (8) inches from the finished floor of a second (or higher) story; and
(2) No balconies shall face the low-density residentially zoned parcel. (b) The requirement in part (a) does not apply to windows required by the Building Code to be usable for accessible emergency access.
(1) Windows required for emergency access shall be frosted or otherwise provide additional privacy, as approved by the Director, if those windows are located on walls that could provide unobstructed views of a rear yard or actively used side yard on a Low-Density residentially zoned lot.
10-7.706 General Parking Provisions
Unless otherwise provided in this article, the parking requirements shall be as specified in Chapter 5 – Parking Requirements.

SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). This ordinance is Statutorily Exempt from CEQA pursuant to Section 15282 (h) of the State CEQA Guidelines that exempts the adoption of an ordinance regarding second units in a single-family or multi-family residential zone by a city or county to implement the provisions of Sections #17..
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65852.1 and 65852.2 of the Government Code.

SECTION 3. 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.

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

Sue Zwahlen, Mayor
ATTEST:

By:

Diane Nayares-Perez, City Clerk
(SEAL)
APPROVED AS TO FORM:
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By:

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

By:

Community & Economic Development
Department, Planning Division
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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-PEREZ, City Clerk
Effective Date: _________________, 2023
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ORDINANCE NO. -C.S.

ORDINANCE AMENDING SECTIONS 02-03-08, 04-03-09,
05-03-09, 08-03-09, 09-03-09, 11-03-08, 12-03-08, 13-03-08, 14-03-08, 14-03-09, 16-03-09, 17-03-09, 18-03-09, 19-03-09, 20-03-09, 21-03-09, 22-03-09, 23-03-09, 26-03-09, 28-03-09, AND 29-03-09 OF THE ZONING MAP OF THE CITY OF MODESTO

TO REZONE PROPERTIES LOCATED ALONG MCHENRY

AVENUE, SISK ROAD, OAKDALE ROAD, AND YOSEMITE

BOULEVARD FROM VARIOUS ZONES TO MIXED-USE

PEDESTRIAN ZONE, MU-P, AND MIXED-USE HIGHWAY
ZONE, MU-H.

WHEREAS, the City of Modesto has proposed an Amendment to Sections 02-03-08, 04-03-09, 05-03-09, 08-03-09, 09-03-09, 11-03-08, 12-03-08, 13-03-08, 14-03-08, 14-03-09, 16-03-09, 17-03-09, 18-03-09, 19-03-09, 20-03-09, 21-03-09, 22-03-09, 23-03-09, 26-03-09, 28-03-09, AND 29-03-09 of the Zoning Map, to rezone from various zoning designations to either of the Mixed-Use Pedestrian Zone, MU-P, or Mixed Use Highway Zone, MU-H, on properties located along the McHenry Avenue, Sisk Road, Oakdale Road, and Yosemite Boulevard corridors; and
WHEREAS, since 1969, the State of California has required that all local governments adequately plan to meet the housing needs of everyone in the community through the Regional Housing Needs Allocation (RHNA) process. This process starts with the state determining how much housing at a variety of affordability levels is needed for each region in the state, and then regional governments developing a methodology to allocate that housing need to local governments. California’s local governments then adopt housing plans called housing #17..
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elements as part of their General Plan, which is also required by the state, to show how the jurisdiction will meet local housing needs; and
WHEREAS, the Modesto Housing Plan, adopted by the Modesto City Council in 2022, includes in its Key Housing Production Strategies the strategy to Transform Major Commercial Corridors Into Neighborhoods; and
WHEREAS, the City of Modesto has submitted a draft 6th Cycle Housing Element to the Department of Housing and Community Development indicating how it will meet local housing needs, and in said Housing Element the City has identified commercial corridors along McHenry Avenue, Sisk Road, Oakdale Road, and Yosemite Boulevard as areas in which additional housing needs can be met; and
WHEREAS, in order to designate sites as “opportunity sites” that fulfill the RHNA obligations placed on the City, those sites must allow for multi-family residential uses as a by-right use; and
WHEREAS, parcels zoned in any of the Commercial Zones allow for multifamily residential uses only through a Conditional Use Permit, which does not meet the requirements to fulfill the City’s RHNA obligations; and WHEREAS, the City has proposed to create the Mixed-Use Pedestrian (MU-P) Zone and Mixed-Use Highway (MU-H) Zone through a separate action, CODE-23-003; and WHEREAS, the City proposes to amend the zoning of parcels within the abovementioned commercial corridors to the MU-P and MU-H zones in order to implement the goals of the 2022 Housing Plan and satisfy the State’s RHNA requirements by implementing the actions outlined in the draft 6th Cycle Housing Element, and #17..
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WHEREAS, after a public hearing held on October 16, 2023, the Planning Commission found that the proposed rezoning will not be detrimental to the public health, safety, or welfare because providing additional sites where multi-family housing is permitted by right will benefit the community, will result in an orderly planned use of land because the rezoned sites follow the goals of the Housing Plan to incorporate additional density through mixed use development in existing commercial corridors; and, is in accordance with the community’s objectives as set forth in the General Plan and any applicable specific plans because the proposed code amendments will provide for additional sites, with appropriate zoning, for the development of multiple family residential uses consistent with the State’s required Regional Housing Needs Allocation that the City must meet with its Housing Element, a portion of the General Plan; and WHEREAS, by Resolution No. 2023-__, adopted on October 16, 2023, the Planning Commission recommended to the Council that the proposed amendment to sections 02-03-08, 04-03-09, 05-03-09, 08-03-09, 09-03-09, 11-03-08, 12-03-08, 13-03-08, 14-03-08, 14-03-09, 16-03-09, 17-03-09, 18-03-09, 19-03-09, 20-03-09, 21-03-09, 22-03-09, 23-03-09, 26-03-09, 28-03-09, and 29-03-09 of the Zoning Map to rezone the hereinafter described properties from various zones to the Mixed-Use Pedestrian (MU-P) Zone, and Mixed-Use Highway (MU-H) Zone, be approved.
.

NOW, THEREFORE, the Council of the City of Modesto does ordain as follows:
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SECTION 1. After a public hearing held on November 7, 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 providing additional sites where multi-family housing is permitted by right will benefit the community.

2. The requested change will result in an orderly planned use of land because the rezoning of these sites follows the goals of the Housing Plan to incorporate additional density through mixed use development in existing commercial corridors.

3. The requested change is in accordance with the community’s objectives as set forth in the General Plan and any applicable specific plans because the proposed code amendments will provide for additional sites, with appropriate zoning, for the development of multiple family residential uses consistent with the State’s required Regional Housing Needs Allocation that the City must meet with its Housing Element, a portion of the General Plan.

SECTION 2. ZONING CHANGE.

A. MIXED-USE PEDESTRIAN (MU-P) ZONE
Sections 14-03-09, 16-03-09, 17-03-09, 20-03-09, 21-03-09, 22-03-09, 23-03-09, 28-03-09, AND 29-03-09 are hereby amended to rezone each of the parcels in the following list of Assessor’s Parcel Numbers to the Mixed-Use Pedestrian Zone. With the exception of any parcel that is partially zoned as a Planned Development, each parcel listed below shall be rezoned in its entirety to the Mixed-Use Pedestrian Zone regardless of whether it held one or more zoning designations previously. For any parcel that held both a Planned Development and another zoning designation, the Planned Development Zone shall remain, and other zoning designations shall be rezoned to the Mixed-Use Pedestrian Zone. Where possible, legal descriptions for such sites are listed below.

PARCELS TO BE REZONED TO MIXED-USE PEDESTRIAN (MU-P)
McHenry Avenue Corridor Assessor’s Parcel Numbers:
031-001-001, 031-001-004, 031-001-006, 031-001-007, 031-001-008, 031-001-010, 031-001-011, 031-001-041, 031-001-042, 031-001-044, 031-001-045, 031-003-038, 031-003-039, 031-003-040, 031-003-078, 031-003-079, 031-003-080, 031-011-028, 031-011-029, 031-011-054, 031-011-055, 031-011-056, 110-002-013, 110-002-014, 110-002-017, 110-002-018, 110-002-079, 110-002-082, 110-003-055, 110-003-056, 110-003-079, 110-003-080, 110-003-081, 110-003-082, 110-007-060, 110-007-061, 110-007-062, 110-007-063, 110-007-064, 110-007-065, 110-007-066, 110-007-067, #17..
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110-007-068, 110-007-069, 110-007-070, 110-008-037, 110-008-038, 110-008-039, 110-008-040, 110-008-041, 110-008-042, 110-008-045, 111-001-001, 111-001-078, 111-001-079, 111-001-080, 111-001-081, 111-001-082, 111-001-083, 111-001-086, 111-005-002, 111-005-027, 111-005-029, 111-005-050, 111-005-067, 111-005-069, 111-005-071, 111-005-072, 111-006-001, 111-006-002, 111-006-022, 111-006-023, 111-006-045, 111-006-046, 111-006-061, 111-006-062, 111-006-067, 112-001-040, 112-001-041, 112-003-001, 112-003-020, 112-003-021, 112-003-022, 112-004-019, 112-004-020, 112-013-003, 112-013-012, 112-013-013, 112-045-001, 112-045-002, 112-045-014, 112-045-015, 112-045-016, 112-045-026, 112-045-027, 112-045-028, 112-045-052, 113-001-002, 113-001-005, 113-001-009, 113-001-012, 113-001-013, 113-001-014, 113-001-052, 113-001-055, 113-004-014, 113-004-029, 113-005-033, 113-005-036, 113-005-037, 113-005-038, 113-006-035, 113-006-036, 113-006-038, 113-006-057, 113-006-058, 119-005-018, 119-005-021, 119-006-009, 119-006-011, 119-006-017, 119-006-018, 119-006-021, 119-006-026, 119-006-027, 119-006-028, 119-006-029, 119-006-034, 119-006-035, 119-006-036, 119-006-037, 119-006-038, 119-006-039, 119-006-040, 119-006-041, 119-006-042, 119-006-043, 119-006-044, 119-014-032, 119-018-003, 119-018-004, 119-018-005, 119-018-006, 119-018-007, 119-018-009, 119-018-011, 119-018-013, 119-018-017, 119-018-018, 119-018-021, 119-018-022, 119-018-023, 119-018-024, 120-033-002, 120-033-003, 120-033-004, 120-033-005, 120-033-007, 120-033-008, 120-033-009, 120-033-018, 120-033-019, 120-033-020, 120-033-021, 120-033-022, 120-033-023, 120-033-025, and 120-033-026.

Oakdale Road Corridor Assessor’s Parcel Numbers:
032-015-038, 032-015-045, 032-015-047, 032-032-018, 032-032-019, 032-032-023, 032-032-024, 032-032-026, 032-032-028, 032-032-029, 032-032-032, 032-032-033, 067-025-001, 067-025-002, 067-025-004, 067-025-005, 067-026-058, 067-026-060, 067-027-021, 067-029-057, 067-033-019, 067-033-022, 067-033-023, 067-035-054, 067-035-055, and 067-035-057.

The zoning for parcel 032-015-045 is split between Planned Development (P-D) 394 and General Commercial (C-2). Only the portion of the parcel that is presently zoned C-2 is hereby rezoned to Mixed-Use Pedestrian. The legal description for the portion of parcel to be rezoned is as follows:

All that portion of Parcel C shown on that certain map filed in the office of the Recorder of Stanislaus County on November 2, 1987, in Book 40 of Parcel Maps at Page 16, lying within a portion of Section 22, Township 3 South, Range 9 East, Mount Diablo Base and Meridian, being more particularly described as follows:

Commencing from the Point of Beginning of this description at the southwest corner of said Parcel C of that Parcel Map in Book 40 of Parcel Maps at Page 16, Stanislaus County Records, thence North 89° 56’ 30” East a distance of 154.41 feet, thence North 00° 27’ 05” West a distance of 182.00 feet, thence South 89° 56’ 30” West a distance of 154.41 feet, thence South 00° 27’ 05” East a distance of 182.00 feet to the Point of Beginning.

Containing 0.64 acres, more or less.

Westerly Portion of APN 032-015-045
B. MIXED-USE HIGHWAY (MU-H) ZONE
Sections 02-03-08, 04-03-09, 05-03-09, 08-03-09, 09-03-09, 11-03-08, 12-03-08, #17..
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13-03-08, 14-03-08, 16-03-09, 17-03-09, 18-03-09, 19-03-09, and 26-03-09 are hereby amended to rezone each of the parcels in the following list of Assessor’s Parcel Numbers to the Mixed-Use Highway Zone. With the exception of any parcel that is partially zoned as a Planned Development, each parcel listed below shall be rezoned in its entirety to the Mixed-Use Highway Zone regardless of whether it held one or more zoning designations previously. For any parcel that held both a Planned Development and another zoning designation, the Planned Development Zone shall remain, and other zoning designations shall be rezoned to the Mixed-Use Pedestrian Zone.

PARCELS TO BE REZONED TO MIXED-USE HIGHWAY (MU-H)
McHenry Avenue Corridor Assessor’s Parcel Numbers:
013-005-017, 013-005-034, 013-005-038, 013-005-039, 013-005-040, 013-006-028, 013-006-031, 013-010-072, 013-010-074, 013-010-075, 013-010-077, 013-010-078, 013-014-002, 013-014-003, 013-014-005, 013-014-080, 013-014-081, 013-014-082, 013-014-083, 013-026-002, 013-026-003, 052-012-005, 052-012-006, 052-012-007, 052-012-008, 052-012-009, 052-012-017, 052-027-010, 052-060-001, 052-060-010, 055-023-032, 055-023-033, 055-023-038, 055-023-042, 055-023-043, 055-023-045, 055-023-046, 055-023-047, 055-023-048, 055-025-007, 055-025-008, 055-025-010, 055-025-011, 055-025-012, 055-025-013, 055-030-003, 055-030-004, 055-030-005, 055-031-003, 055-031-004, 055-031-091, 055-031-092, 055-031-093, 055-038-019, 055-046-002, 055-046-003, 055-046-004, 055-046-005, 055-048-001, 059-003-007, 059-003-009, 059-003-011, 059-003-012, 059-004-005, 059-004-006, 059-004-007, 059-004-010, 059-004-011, 059-004-013, 059-004-014, 059-004-015, 059-004-016, 059-004-017, 059-004-018, 059-004-019, 059-004-020, 059-014-002, 059-014-003, 059-014-004, 059-014-006, 059-014-007, 120-032-001, 120-046-051, 120-046-059, 120-046-060, 120-046-061, 120-046-064, 120-046-065, 120-049-023, 120-049-024, 120-052-009, 120-052-011, 120-052-024, 120-052-025, 120-052-026, 120-052-028, 120-052-032, 120-052-033, 120-052-034, 120-052-037, 120-052-038, 120-052-040, 120-052-041, 120-052-042, and 120-052-043.

Sisk Road Corridor Assessor’s Parcel Numbers:
005-037-020, 005-037-024, 005-037-026, 005-046-006, 005-053-009, 005-053-011, 005-053-016, 005-053-027, 005-053-028, 005-053-029, 005-053-035, 005-053-036, 029-002-031, 029-002-032, 029-002-033, 029-002-034, 029-002-035, 029-002-037, 029-002-038, 029-002-039, 029-002-042, 029-002-043, 029-002-045, 029-002-046, 029-005-025, 029-005-037, 029-005-038, 029-005-044, 029-036-003, 029-036-012, 029-036-013, 029-036-017, 060-036-004, 060-036-005, 060-036-006, 060-036-012, 060-036-019, 060-036-021, 060-036-025, 060-036-026, 076-028-036, 076-028-037, 076-031-014, and 076-031-016.

Yosemite Boulevard Corridor Assessor’s Parcel Numbers:
033-078-001, 033-078-003, 033-078-008, 033-078-009, and 033-078-010.

SECTION 3. ZONING MAP. Section 02-03-08, 04-03-09, 05-03-09, 08-03-09, 09-03-09, 11-03-08, 12-03-08, 13-03-08, 14-03-08, 14-03-09, 16-03-09, 17-03-09, 18-03-09, #17..
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19-03-09, 20-03-09, 21-03-09, 22-03-09, 23-03-09, 26-03-09, 28-03-09, and 29-03-09 of the Zoning Map of the City of Modesto are amended to appear as set forth on the maps attached hereto, which are hereby made a part of this ordinance by reference.

SECTION 4. USES AND STANDARDS. The allowable uses and development standards for those sites listed above as rezoned to the Mixed-Use Pedestrian Zone shall be as in the Mixed-Use Pedestrian Zone. The allowable uses and development standards for those sites listed above as rezoned to the Mixed-Use Highway Zone shall be as in the Mixed-Use Highway Zone.

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.
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The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the seventh day of November, 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
APPROVED AS TO DESCRIPTION:

By:

Community & Economic Development
Department, Planning Division
#17..
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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-PEREZ, City Clerk
Effective Date: _________________, 2023
5490078.1
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ORDINANCE NO. -C.S.

ORDINANCE TO AMEND PLANNED DEVELOPMENT
ZONES, P-D(102), P-D(109), P-D(120), P-D(123), P-D(125), P-D(134), P-D(137), P-D(147), P-D(166), P-D(179), P-D(200), P-D(217), P-D(223), P-D(287), P-D(306), P-D(320), P-D(394), P-D(403), P-D(405), P-D(421), P-D(422), P-D(433), P-D(436), P-D(459), P-D(477), P-D(481), P-D(491), P-D(494), P-D(499), P-D(515), P-D(525), P-D(531), P-D(553), P-D(560), P-D(566), P-D(584), P-D(591), AND P-D(593) TO ALLOW

MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENT IN

ADDITION TO THEIR EXISTING USES
WHEREAS, the City of Modesto has proposed an Amendment to Planned Development Zones, P-D(102), P-D(109), P-D(120), P-D(123), P-D(125), P-D(134), P-D(137), P-D(147), P-D(166), P-D(179), P-D(200), P-D(217), P-D(223), P-D(287), P-D(306), P-D(320), P-D(394), P-D(403), P-D(405), P-D(421), P-D(422), P-D(433), P-D(436), P-D(459), P-D(477), P-D(481), P-D(491), P-D(494), P-D(499), P-D(515), P-D(525), P-D(531), P-D(553), P-D(560), P-D(566), P-D(584), P-D(591), AND P-D(593) to allow multiple-family residential development in addition to their existing uses; and
WHEREAS, since 1969, the State of California has required that all local governments adequately plan to meet the housing needs of everyone in the community through the Regional Housing Needs Allocation (RHNA) process. This process starts with the state determining how much housing at a variety of affordability levels is needed for each region in the state, and then regional governments developing a methodology to allocate that housing need to local governments. California’s local governments then adopt housing plans called housing #17..
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elements as part of their General Plan, which is also required by the State, to show how the jurisdiction will meet local housing needs; and
WHEREAS, the Modesto Housing Plan, adopted by the Modesto City Council in 2022, includes in its Key Housing Production Strategies the strategy to Transform Major Commercial Corridors Into Neighborhoods; and
WHEREAS, the City of Modesto has submitted a draft 6th Cycle Housing Element to the Department of Housing and Community Development indicating how it will meet local housing needs, and in said Housing Element the City has identified corridors along McHenry Avenue, Sisk Road, Oakdale Road, and Yosemite Boulevard as areas in which additional housing needs can be met; and
WHEREAS, in order to designate sites as “opportunity sites” that fulfill the RHNA requirements placed on the City, those sites must allow for multi-family residential uses as a by-right use; and
WHEREAS, numerous existing Planned Developments along the McHenry Avenue and Sisk Road corridors do not allow for by-right multi-family residential development as a part of their allowable uses; and
WHEREAS, fully rezoning Planned Developments to another zone would negate the value of the Planned Developments as they were initially conceived, and existing allowable uses for those Planned Developments could be removed through such a rezoning, unnecessarily creating nonconforming parcels where they otherwise would not be; and WHEREAS, amending Planned Developments to allow for multi-family residential uses in addition to their existing uses serves to both continue to allow the previously #17..
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identified uses in the Planned Developments and allow multi-family residential development as a by-right use, meeting the State’s requirements for RHNA allocation and providing the opportunity for the development of multi-family residences in locations not presently permitted by-right in the City; and
WHEREAS, by Ordinance No. 1228-C.S., approved on September 18, 1972, the City Council established Planned Development 102 [P-D(102)]; and WHEREAS, by Ordinance No. 3206-C.S., approved on February 27, 2001, the City Council established P-D(109); and
WHEREAS, by Ordinance No. 1302-C.S., approved on November 26, 1973, the City Council established P-D(120); and
WHEREAS, by Ordinance No. 1432-C.S., approved on February 24, 1975, the City Council established P-D(123); and
WHEREAS, by Ordinance No. 3172-C.S., approved on February 22, 2000, the City Council established P-D(125); and
WHEREAS, by Ordinance No. 2468-C.S., approved on January 6, 1987, the City Council established P-D(134); and
WHEREAS, by Ordinance No. 1488-C.S., approved on January 5, 1976, the City Council established P-D(137); and
WHEREAS, by Ordinance No. 3108-C.S., approved on October 27, 1998, the City Council established P-D(147); and
WHEREAS, by Ordinance No. 2072-C.S., approved on August 18, 1981, the City Council established P-D(166); and
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WHEREAS, by Ordinance No. 1708-C.S., approved on January 23, 1978, the City Council established P-D(179); and
WHEREAS, by Ordinance No. 2833-C.S., approved on November 24, 1992, the City Council established P-D(200); and
WHEREAS, by Ordinance No. 1820-C.S., approved on April 10, 1979, the City Council established P-D(217); and
WHEREAS, by Ordinance No. 1836-C.S., approved on June 5, 1979, the City Council established P-D(223); and
WHEREAS, by Ordinance No. 2958-C.S., approved on October 17, 1995, the City Council established P-D(287); and
WHEREAS, by Ordinance No. 2055-C.S., approved on June 23, 1981, the City Council established P-D(306); and
WHEREAS, by Ordinance No. 2166-C.S., approved on January 4, 1983, the City Council established P-D(320); and
WHEREAS, by Ordinance No. 2665-C.S., approved on April 25, 1989, the City Council established P-D(394); and
WHEREAS, by Ordinance No. 2428-C.S., approved on May 27, 1986, the City Council established P-D(403); and
WHEREAS, by Ordinance No. 2431-C.S., approved on June 3, 1986, the City Council established P-D(405); and
WHEREAS, by Ordinance No. 2524-C.S., approved on July 7, 1987, the City Council established P-D(421); and
#17..
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WHEREAS, by Ordinance No. 2512-C.S., approved on May 26, 1987, the City Council established P-D(422); and
WHEREAS, by Ordinance No. 2550-C.S., approved on September 22, 1987, the City Council established P-D(433); and
WHEREAS, by Ordinance No. 2558-C.S., approved on October 27, 1987, the City Council established P-D(436); and
WHEREAS, by Ordinance No. 2624-C.S., approved on November 22, 1988, the City Council established P-D(459); and
WHEREAS, by Ordinance No. 2729-C.S., approved on September 19, 1990, the City Council established P-D(477); and
WHEREAS, by Ordinance No. 2750-C.S., approved on January 22, 1991, the City Council established P-D(481); and
WHEREAS, by Ordinance No. 2832-C.S., approved on October 20, 1992, the City Council established P-D(491); and
WHEREAS, by Ordinance No. 2856-C.S., approved on June 15, 1993, the City Council established P-D(494); and
WHEREAS, by Ordinance No. 2874-C.S., approved on November 9, 1993, the City Council established P-D(499); and
WHEREAS, by Ordinance No. 2999-C.S., approved on August 27, 1996, the City Council established P-D(515); and
WHEREAS, by Ordinance No. 3073-C.S., approved on November 4, 1997, the City Council established P-D(525); and
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WHEREAS, by Ordinance No. 3094-C.S., approved on June 23, 1998, the City Council established P-D(531); and
WHEREAS, by Ordinance No. 3252-C.S., approved on March 19, 2002, the City Council established P-D(553); and
WHEREAS, by Ordinance No. 3298-C.S., approved on May 13, 2003, the City Council established P-D(560); and
WHEREAS, by Ordinance No. 3352-C.S., approved on June 22, 2004, the City Council established P-D(566); and
WHEREAS, by Ordinance No. 3482-C.S., approved on April 1, 2008, the City Council established P-D(584); and
WHEREAS, by Ordinance No. 3528-C.S., approved on May 25, 2010, the City Council established P-D(591); and
WHEREAS, by Ordinance No. 3553-C.S., approved on September 13, 2011, the City Council established P-D(593); and
WHEREAS, the City proposes to amend each of the above Planned Developments, to allow multi-family development, and
WHEREAS, after a public hearing held on October 16, 2023, the Planning Commission found that the proposed Ordinance will not be detrimental to the public health, safety, or welfare because providing additional sites where multi-family housing is permitted by right will benefit the community, will result in an orderly planned use of land because the rezoned sites follow the goals of the Housing Plan to incorporate additional density through mixed use development in existing commercial corridors; and, is in accordance with the #17..
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community’s objectives as set forth in the General Plan and any applicable specific plans because the proposed ordinance will provide for additional sites, with appropriate zoning, for the development of multiple family residential uses consistent with the State’s required Regional Housing Needs Allocation that the City must meet with its Housing Element, a portion of the General Plan; and
WHEREAS, by Resolution No. 2023-__, adopted on October 16, 2023, the Planning Commission recommended to the Council that the proposed Ordinance amending Planned Development Zones, P-D(102), P-D(109), P-D(120), P-D(123), P-D(125), P-D(134), P-D(137), P-D(147), P-D(166), P-D(179), P-D(200), P-D(217), P-D(223), P-D(287), P-D(306), P-D(320), P-D(394), P-D(403), P-D(405), P-D(421), P-D(422), P-D(433), P-D(436), P-D(459), P-D(477), P-D(481), P-D(491), P-D(494), P-D(499), P-D(515), P-D(525), P-D(531), P-D(553), P-D(560), P-D(566), P-D(584), P-D(591), AND P-D(593) to allow multiple-family residential development in addition to their existing uses be approved; and WHEREAS, a public hearing was held by City Council on November 7, 2023, at which hearing evidence both oral and documentary was received and considered; and NOW, THEREFORE, the City Council of the City of Modesto does hereby ordain as follows:

SECTION 1. After a public hearing held on November 7, 2023, in the Tenth Street Place Chambers located at 1010 10th Street, Modesto, California, this Council finds and determines as follows:
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3. The requested change is in accordance with the community’s objectives as set forth in the General Plan and any applicable specific plans because the proposed code amendments will provide for additional sites, with appropriate zoning, for the development of multiple family residential uses consistent with the State’s required Regional Housing Needs Allocation that the City must meet with its Housing Element, a portion of the General Plan.

SECTION 2. AMENDMENT OF ORDINANCES 1228-C.S., 1302-C.S., 1432-C.S., 1488-C.S., 1708-C.S., 1820-C.S., 1836-C.S., 2055-C.S., 2072-C.S., 2166-C.S., 2428-C.S., 2431-C.S., 2468-C.S., 2512-C.S., 2524-C.S., 2550-C.S., 2558-C.S., 2624-C.S., #17..
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2665-C.S., 2729-C.S., 2750-C.S. , 2832-C.S., 2833-C.S., 2856-C.S., 2874-C.S., 2958-C.S., 2999-C.S., 3073-C.S., 3094-C.S., 3108-C.S., 3172-C.S., 3206-C.S., 3252-C.S., 3298-C.S., 3352-C.S., 3482-C.S., 3528-C.S., and 3553-C.S.

Each of the above listed Ordinances is hereby amended to read as follows:

USES. The following uses shall be permitted in this P-D Zone in addition to existing uses:

1. Multiple-Family Residential
STANDARDS. Development Standards for Multiple-Family Residential development shall be as in the Medium-High Density Residential (R-3) Zone, except that the allowable density shall be from 22 to 45 dwelling units per acre. Additionally, where a multi-story residential building is proposed on a lot abutting a Low-Density Residentially zoned lot, any walls of the multi-story residential building that could provide unobstructed views (from windows or balconies) of a rear yard or actively used side yard on a Low-Density residentially zoned lot, the following shall apply:

A. The Multi-story residential building shall have either no windows or windows with a bottom sill located at least five (5) feet eight (8) inches from the finished floor of a second (or higher) story; and
B. No balconies shall face the low-density residentially zoned parcel.

The requirement in part A above does not apply to windows required by the Building Code to be usable for accessible emergency access. Windows required for emergency access shall be frosted or otherwise altered to provide additional privacy, as approved by the Director, if those windows #17..
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are located on walls that could provide unobstructed views of a rear yard or actively used side yard on a Low-Density Residentially zoned lot.

SECTION 3. 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.

The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the __th 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)
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APPROVED AS TO FORM:

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

By: __________________________________________________
Community & Economic Development
Department, Planning Division
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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 __________, 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
5491974.1
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 7, 2023
Date: October 23, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Bridge Housing Request for Proposals and Modesto Gospel Mission Expansion CONTACT: Edgar Garcia, Housing and Urban Development Supervisor [email protected], (209) 577-5211
DESCRIPTION:

Consider authorizing the City Manager, or his designee to solicit proposals for Bridge Housing sites and allocating $3,000,000 for potential projects; and approving an Agreement for expanded client services with Modesto Gospel Mission for a total amount not to exceed $100,000 for a one-year Agreement. (Funding Source: ARPA funds, Measure H funds) STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto’s 2020-2025 Strategic Plan Initiative: Develop a Homelessness and Housing Plan.

BACKGROUND:

Homelessness has emerged as a key priority for the State of California and the region throughout the last several years. To help meet the needs of the rising number of individuals experiencing homelessness, the City of Modesto, alongside the County of Stanislaus, has worked tirelessly to address the challenge of homelessness through the 3-Prong Strategy of Community Accountability, Shelter/ Housing, and Programs and Services. Since 2018, the City embarked on various initiatives to address the need for shelter beds and programs to support individuals experiencing homelessness.

Also, throughout the last several years, the City has worked in partnership with public/private sector partners to create pathways for individuals experiencing homelessness by exploring job training opportunities and all options for temporary and permanent shelter, as well as pursuing long-term strategies that leverage City’s Housing and Urban Development (HUD) funds, and leverage state and federal sources to provide additional units of affordable housing.

Additionally, to align efforts and initiatives between all stakeholders involved in addressing homelessness, the City created a strategic plan workgroup that began meeting to discuss the creation of a communitywide plan to address homelessness. The result of this workgroup’s #18..
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efforts is the 2021 Stanislaus Regional Homeless Strategic Plan (Plan) that includes regional initiatives and is intended to align efforts from the public, private, and faith-based communities.

To help achieve the deliverables outlined in the Plan, on October 20, 2023, the City Council considered a comprehensive update on available housing and homelessness programs and explored potential new programs that can be made available to meet the growing needs of the population, including (1) Bridge Housing, and (2) Low Barrier Place to Sleep at the Modesto Gospel Mission. Both programs are low-barrier and are intended to help stabilize individuals by offering the first level of shelter and housing.

DISCUSSION:

Bridge Housing
Bridge Housing, often referred to as non-congregate shelter options, is typically the first level of housing for individuals who are transitioning out of homelessness. These are temporary manufactured homes with approximately 60 sq. ft. of space for individuals and 120 sq. ft. for families.

Based on feedback from the Homeless Workshop on October 20, 2023, staff is developing a framework and implementation strategy for multiple Bridge Housing sites throughout the City.

To assist with the facilitation, the City is in the process of releasing a Request for Proposals (RFP) to bring additional resources to the community. This Request for Proposals/ Qualifications is to solicit social service providers who can provide case management, operators who have experience operating these sites, and bridge housing vendors who produce these types of temporary units, as noted below:

1. Operational Services: The City will be soliciting agencies who have experience with operational services of similar type sites. These services will include, but is not limited to, identifying and screening potential participants based on eligibility requirements, ensuring clients are adhering to lease requirements, producing intake and exit procedures, ensuring safety and fire protocols are in place, maintaining utilities and onsite maintenance, and coordinating on-site services with service providers.

2. Case Management Services: The City will be soliciting agencies who have experience with operational services of similar type sites. These services will include linkages to benefits, medical services, mental health services, and support individuals in housing navigation. The service provider shall assess individuals for their housing readiness, and connect them to services such as medical, psychiatric, substance use treatment, income support, in-home support services, intensive case management, and meal support.

3. Suppliers: The City will be seeking qualifications of vendors of temporary, tiny, manufactured homes to support individuals experiencing homelessness. The submission of their qualifications shall include their specifications such as: square footage, wind rating, fire rating, accessibility standards, climate control options, placement requirements, utility hookup requirements, emergency detection systems, and other requirements.

The public-private partnership in addressing homelessness has been essential for the City to create new programs and housing options for individuals experiencing homelessness in the community. To continue with this partnership, the City is in the process of issuing a Request for Proposals (RFP) to assist with identifying potential sites to add additional units of Bridge #18..
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Housing. The sites will serve as short-term non-congregate shelter opportunities and serve as a bridge to longer-term housing.

As it relates to the solicitation of sites, sites submitted to the City will require consent from the property owner and the City will consider: Vacant lots, underutilized parcels, and pre-existing buildings (Churches, commercial buildings, etc). The City will be reviewing applications closely for the following:
 Zoning
 Safety considerations
 Site specifications
 Proximity to public transportation and social services Once proposals are received, the City will convene an interdepartmental and interagency committee to review and determine the most viable options to move forward for Council approval.

In this partnership, the City would commit to funding the infrastructure costs of the new Bridge Housing sites. These costs include but are not limited to the following:
 Bridge Housing units
 Accessory units required:
o Bathrooms
o Shower
o Case Management/intake/Offices
 Onsite improvements
 Offsite improvements
Upon approval of a project site, the City will provide the proposers a list of potential operators and service providers available for a possible partnership to ensure a successful project. The City will work with the proposer to determine outside funding sources including but not limited to:

Federal, State, and County funding.

Based on other sites, the City is anticipating that the overall cost per unit would be approximately $75,000, which is inclusive of required infrastructure improvements and accessory buildings. The City is proposing to allocate an initial amount of $3,000,000 for potential projects, and will return to Council for approval of the sites. If additional projects are viable beyond the initial allocation of funding, staff would return to Council to allocate additional funding for support.

Modesto Gospel Mission Program
To continue to build on the City’s success in creating temporary housing options, the City is recommending the implementation of a low barrier safe place to sleep at the Modesto Gospel Mission (MGM). MGM has seen a growing need for unhoused women and children in the community to have a secure place to sleep without barriers. The project scope of the program includes a place to sleep that is safe from the elements, and other unsafe environmental factors.

The proposed program will serve women and children under 18 regardless of the gender of the child, who are experiencing homelessness.

This will be a drop-in site with a capacity of 40 individuals. The program will operate seven (7) days per week, with access from 8:30 pm to 6:30 am for 12 months. The program will also #18..
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include on-site security, meals, and bathroom and shower access for participants. The Gospel Mission will intake individuals and triage for immediate support and intervention. Individuals will have access to wrap around services including, individualized case management, supportive services, such as: housing search and placement, employment development, and connection to mainstream resources. The Modesto Gospel Mission will enter participants of the program in the community’s Homeless Management Information System and coordinate with community partners to assist program participants with their housing needs.

FISCAL IMPACT:

Bridge Housing Project
For Bridge Housing, the estimated cost per unit including the site infrastructure requirements is approximately $75,000 per unit. For the purposes of this solicitation, the City is proposing an allocation of $3,000,000 for possible project(s). Measure H funds will be utilized to pay for these costs, and sufficient funds are available within the General Fund Measure H reserves.

Modesto Gospel Mission Program
The cost of this agreement not to exceed $100,000 using American Rescue Plan Act (ARPA) allocated to homeless support programs, as shown below. Sufficient funds are currently budgeted based on the Council approved ARPA programs. There is no impact to the General Fund.

Project Budget
Modesto Gospel Mission:

Program Component Cost
Case Management $45,000
Security $22,000
General Utilities and Overhead $23,000
Contingency $10,000
Total Program Budget $100,000
COMMITTEE RECOMENDATION:

This item was not considered by a Committee, however, on October 20, 2023, the City Council received a comprehensive update on the City’s efforts to address homelessness, including the Modesto Gospel Mission program and the provision of Bridge Housing.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution authorizing the City Manager, or his designee, to solicit proposals for Bridge Housing sites and allocating $3,000,000 for potential projects.

Resolution amending the fiscal year 2023-2024 Multi-Year Non-Capital Multi-Year budget to create a new project and establish applicable revenue, expense and transfer budgets for the Bridge Housing projects to be funded with Measure H funds in the amount of $3,000,000 and authorizing the City Manager or his designee to take the necessary steps to implement the provisions of this resolution.

Resolution approving an Agreement for expanded client services with Modesto Gospel Mission for a total amount not to exceed $100,000 for one year and authorizing the City Manager, or his designee, to negotiate and execute the agreement.
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Approved by:

Jessica Hill, Director of Community
and Economic Development
Joseph P. Lopez, City Manager
Attachments:

1. Resolution – Authorization to solicit Bridge Housing Proposals

2. Resolution – Amending the Fiscal Year Budget

3. Resolution – Agreement with Modesto Gospel Mission

4. Draft Agreement with Modesto Gospel Mission
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11/07/2023/C&ED/JHill 1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE,

TO SOLICIT PROPOSALS FOR BRIDGE HOUSING SITES AND
ALLOCATING $3,000,000 FOR POTENTIAL PROJECTS
WHEREAS, to help achieve the deliverables outlined in the 2021 Stanislaus Regional Homeless Strategic Plan, on October 20, 2023, the City Council considered a comprehensive update on available housing and homelessness programs and explored potential new programs that can be made available to meet the growing needs of the population, including: Bridge Housing, and
WHEREAS, Bridge Housing, often also referred to as non-congregate shelter options and is the first level of housing for individuals who are transitioning out of homelessness, and
WHEREAS, these are temporary manufactured homes with approximately 60 sq. ft. of space for individuals and 120 sq. ft. for families, and WHEREAS, based on feedback from the Homeless Workshop on October 20, 2023, staff is developing a framework and implementation strategy for multiple Bridge Housing sites around the City, and
WHEREAS, to assist with the facilitation, the City is in the process of releasing a request for proposals to bring additional resources to our community, and WHEREAS, this request for proposals is to solicit social service providers who can provide case management, operators who have experience operating these sites, and bridge housing vendors who produce types of temporary units, and #18..
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11/07/2023/C&ED/JHill 2 2023-
WHEREAS, the private-public partnership in addressing homelessness has been essential for the City to create new programs and housing options for the homeless individuals in our community, and
WHEREAS, to continue with this partnership, the City is in the process of issuing a request for proposals to assist with identifying potential sites to add additional units of Bridge Housing and the sites will serve as short-term non-congregate shelter opportunities and serve as a bridge to longer-term housing, and WHEREAS, the proposals will be sought from public and private entities with available land that can serve as a site for short- term non-congregate shelter, and WHEREAS, the proposal would have to agree to utilizing the best practices for a Bridge Housing site as established by the City and will include identifying and screening potential participants based on eligibility requirements, ensuring clients are adhering to site requirements, producing intake and exit procedures, ensuring safety and fire protocols are in place, maintaining utilities and on-site maintenance, and coordinating onsite services with service providers, and WHEREAS, upon approval of a project, the City will be working alongside the proposers of a particular site to partner them and provide a list of potential operators and service providers to ensure a successful project, for the proposer to engage with, and WHEREAS, the City will work with the proposer to determine outside funding sources including but not limited to: Federal, State, and County funding, and WHEREAS, based on other sites, the City is anticipating that the overall cost per unit would be approximately $75,000 which is inclusive of required infrastructure improvements and accessory buildings, and
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11/07/2023/C&ED/JHill 3 2023-
WHEREAS, for this first request for proposals, the City is proposing to allocate $3,000,000 for these units, and if additional sites are viable Council could decide to allocate additional funding for support.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby authorizes the City Manager, or his designee, to solicit proposals for Bridge Housing sites and allocating $3,000,000 for potential projects.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 7th day of November, 2023 by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST: ____________________________

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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11-07-2023/CED/JHill/Item 1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION AMENDING THE FISCAL YEAR 2023-2024 MULTI-YEAR NONCAPITAL MULTI-YEAR BUDGET TO CREATE A NEW PROJECT AND

ESTABLISH APPLICABLE REVENUE, EXPENSE AND TRANSFER BUDGETS

FOR THE BRIDGE HOUSING PROJECTS TO BE FUNDED WITH MEASURE H FUNDS IN THE AMOUNT OF $3,000,000 AND AUTHORIZING THE CITY

MANAGER OR HIS DESIGNEE, TO TAKE THE NECESSARY STEPS TO

IMPLEMENT THE PROVISIONS OF THIS RESOLUTION
WHEREAS, on November 8, 2022, Modesto voters approved Measure H, a one-cent 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 is expected to provide the City an approximately $42 million annually in additional sales tax revenue into its General Fund, and WHEREAS, if approved the fiscal year 2023-2024 Multi-Year Non-Capital budget must be amended, and
WHEREAS, the project(s) will be funded with $3,000,000 in Measure H funds, and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby amends the fiscal year 2023-2024 Multi-Year Non-Capital budget to create a new project and establish applicable revenue, expense and transfer budgets for the Bridge Housing projects to be funded with Measure H funds.

BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to take the necessary steps to implement the provisions of this resolution.

AYES: Councilmembers: ?
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11-07-2023/CED/JHill/Item 2 2023-
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST: ____________________________

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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11/07/2023/CED/JHill/Item X 1 2023-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING AN AGREEMENT FOR EXPANDED CLIENT

SERVICES WITH MODESTO GOSPEL MISSION FOR A TOTAL AMOUNT NOT TO EXCEED $100,000 FOR ONE YEAR AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO NEGOTIATE AND EXECUTE THE

AGREEMENT
WHEREAS, on October 20, 2023, the City Council considered a comprehensive update on available housing and homelessness programs and explored potential new programs that can be made available to meet the growing needs of the population, including (1) Safe Sleeping Program at the Modesto Gospel Mission, and (2) Bridge Housing, and
WHEREAS, to continue to build on the City’s success in creating temporary housing options, the City is recommending the implementation of low barrier safe place to sleep at the Modesto Gospel Mission (MGM); and
WHEREAS, MGM has seen a growing need for unhoused women and children in the community to have a secure place to sleep without barriers, and WHERESAS, the project scope of the safe sleep program includes a place to sleep that is safe from the elements, and other unsafe environmental factors, and WHEREAS, the proposed program will serve women, and women who have children regardless of the gender of the child through the age of 18 who are experiencing homelessness, and
WHEREAS, this will be a drop-in site with a capacity of 40 individuals and this program will operate seven (7) days per week, with access from 8:30 pm to 6:30 am for 12 months, and
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WHEREAS, the program will also include on-site security, meals, and bathroom and shower access for participants, and
WHEREAS, the Gospel Mission will intake individuals and triage for immediate support and intervention and individuals will have access to wrap around services including, individualized case management, supportive services, such as: housing search and placement, employment development, and connection to mainstream resources, and WHEREAS, the Modesto Gospel Mission will enter participants into the Homeless Management Information System and coordinate with community partners to assist program participants with their housing needs, and WHEREAS, the cost of this agreement is not to exceed $100,000 using American Rescue Plan Act allocated to homeless support programs.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an agreement in an amount not to exceed $100,000 to Modesto Gospel Mission for expanded client services for one year.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to negotiate and execute agreements in a form approved by the City Attorney. #18..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 7th day of November, 2023 by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST: ____________________________

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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CITY OF MODESTO PANDEMIC RECOVERY STRATEGY - MODESTO FORWARD

GRANT AGREEMENT
This Modesto Forward Grant Agreement (“Agreement”) is entered into in the City of Modesto, State of California, this ____ day of __________ of ____________ 20__ (“Effective Date”) by and between the City of Modesto, a California municipal corporation (“City”), and the Modesto Gospel Mission, a California nonprofit organization (“Recipient”). The City and the Modesto Gospel Mission shall be collectively referred to hereinafter as the “Parties”.

This Agreement is made with regard to the following recitals:

WHEREAS, the City received an allotment of funds from the United States Department of Treasury through the Coronavirus Local Fiscal Recovery Fund established by the American Rescue Plan Act (“ARPA”); and
WHEREAS, on June 22, 2021, by Resolution No. 2021-194, Council approved the Pandemic Recovery Strategy – Modesto Forward, hereinafter referred to as “Modesto Forward”, to support local recovery from the pandemic; and WHEREAS, in alignment with the City’s 5-Year Strategic Plan, Modesto Forward includes three post pandemic funding initiatives to help the community exit the pandemic period and focused on Economic Vitality, Governance and Service Delivery, and Quality of Life; and WHEREAS, Economic Vitality initiatives are intended to improve the economic vitality of the community; Governance and Service Delivery initiatives are intended to improve the organization and service delivery for residents; and Quality of Life initiatives are intended to improve the quality of life for residents; and
WHEREAS, Modesto Forward includes a comprehensive spending plan, which includes ARPA funding, to programs and services to unhoused persons; and WHEREAS, on November 7, 2023, the City Council adopted Resolution No. 2023-XXX, awarding a grant of One Hundred Thousand Dollars ($100,000) to Recipient for the purposes set out in Exhibit A, subject to the terms and conditions set out in this agreement.

NOW THEREFORE, the City and Recipient agree as follows:

1. Term
The term of this Agreement (the “Term”) shall commence upon the effective date and shall terminate upon the Recipient’s completion of all requirements of this Agreement.

2. Grant Award
A. The City shall provide Recipient with a grant of City of One-Hundred Thousand Dollars ($100,000) (the “Grant”) for the purposes and activities further specified in #18..
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Exhibit A, attached hereto and incorporated by referenced (the “Activities”).

Disbursement of the Grant is dependent upon Recipient providing all records and documentation reasonably required by the City.

B. Recipient shall expend the Grant solely on the Activities, as specified in Exhibit A.

Recipient shall not use the Grant for any other purpose or activity without the prior written consent of the City.

C. The Recipient shall operate within the territorial limits of the City of Modesto and the beneficiaries, if any, of the Activities shall be the residents of the City of Modesto.

D. Recipient shall expend the entirety of the Grant by no later than December 31, 2026.

Any portion of the Grant that has not been expended by December 31, 2026 shall be returned to the City no later than January 10, 2027.

3. Recipient’s Obligations
A. Throughout the Term of this Agreement, the Recipient shall obtain and maintain all licenses, permits, qualifications and approvals legally required to conduct business.

The Recipient warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to perform the Activities specified by this Agreement. Recipient shall perform the Activities requires pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Recipient is engaged.

B. The Recipient shall provide appropriate acknowledgement of the Grant by using the City’s logo or making a written acknowledgement in its publicity, promotional materials, information materials, press materials, at public occasions relating to the Activities, and on any website maintained by the Recipient.

4. QUARTERLY Reporting Requirements
Recipient shall submit quarterly reports to the City on the form attached hereto as Exhibit D, and incorporated herein by reference, or on such other form as required by the City.

5. Annual Reporting Requirements
Recipient shall submit an annual report, in accordance with the requirements set forth in Exhibit C, attached hereto and incorporated herein, to the City within 180 days of the end of the Recipient’s fiscal year in a form approved by the City. The annual report shall be in addition to the reporting required by Section 4, and shall include:

A. Summary of activities and accomplishments, mandate and/or mission of the organization;
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B. List of Board Directors with title, contact information and mandate term of each Director;
C. Organizational Chart;
D. Project/Program Expenditures-to-date (including receipts); E. Any other information reasonably requested by the City.

6. Audit Requirements
A. In addition to all other reports and records required by this Agreement, the Recipient shall keep and make available proper books of account and records of the financial management of the Grant provided under this agreement, in accordance with generally accepted business and accounting practices. Such records shall include, but not be limited to, records providing a full description and accounting of each activity undertaken.

B. Recipient agrees to keep all necessary books and records required by this Agreement for five (5) years following the end of this Agreement, and shall document all transactions so that all expenditures may be properly audited.

C. Recipient agrees that City or any authorized representative has access to and the right to examine all records, books, papers, or documents related to the project.

Recipient shall allow the City or any authorized representative access to all records, books, papers, or documents related to the project within forty-eight (48) hours of a request to examine.

7. Preservation of Assets
Any assets purchased with the Grant, the cost of which exceed $5,000, shall be preserved by the Recipient and shall not be sold, leased, given away or otherwise disposed of prior to the end of the useful life of the asset without prior written consent of the City.

8. Termination, Suspension and/or Repayment of Grant
The City may terminate, suspend and/or require repayment of the Grant in the event of any of the following circumstances, after notice from the City and a reasonable opportunity to cure:

A. The Recipient fails to provide the Activities, or any portion of the Activities, described in Exhibit A of this Agreement or substandard performance of the Activities;
B. The Recipient suspends or fails to carry on and continuously conduct its operations, or there is a disruption on the performance of the Activities; C. The Recipient has a partisan political affiliation and/or participates in partisan political activities.

D. The Recipient uses the Grant for a purpose or activity other than those specified in Exhibit A.

E. The Recipient becomes bankrupt or insolvent, goes into receivership or becomes subject to the provisions of any bankruptcy, insolvency, or any other Act for the #18..
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benefit of creditors, or makes a general assignment for the benefit of its creditors or otherwise acknowledges its insolvency;
F. The Recipient fails to provide to the City with any report, record, or documentation required by this Agreement, or t fails to provide any documentation requested by the City in accordance with the terms of this agreement;
G. The Recipient has made any material misrepresentation to the City or its representatives with respect to any of the matters contained herein and/or in the Recipient’s funding submission/proposal/application for the Grant, or which have been made or may be made in the future surrounding these matters; H. The Recipient breaches any term of this Agreement, after notice from the City and a reasonable opportunity to cure the breach;

9. Compliance with Applicable Laws
Recipient shall carry out, and cause its contractors, consultants, employees and agents to carry out, the Activities, in compliance all applicable federal, state and local laws, rules, ordinances, orders, and regulations, including without limitation and to the extent applicable, the prevailing wage provisions of the federal Davis-Bacon Act and implementing rules and regulations and state prevailing wages pursuant to Labor Code Section 1770 et seq. Without limiting the foregoing, Recipient shall comply with ARPA, the regulations implements ARPA (31 CFR Part 35), any interpretative guidance issued by the United Stated Department of Treasury, and those Grant terms and conditions attached hereto as Exhibit B, and incorporated herein.

10. Non-Assignment
The Recipient shall not assign this Agreement, the Grant, or any part thereof, without the Prior written consent of the City. Any assignment in violation of this section shall require an immediate repayment of the Grant to City by the Recipient.

11. Indemnity and Liability
A. The Recipient shall indemnify , defend with counsel acceptable to City, and hold harmless the City, its officials, officers, employees, and agents (“Indemnitees”) from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) which, directly or indirectly, arises out of or relates to this Agreement or the performance of the Activities, except to the extent the Claims arise from the gross negligence or willful misconduct of City.

B. The City shall not be liable to the Recipient or any other party in relation to the Grant and/or the services provided by the Recipient pursuant to the terms of this agreement. The Recipient shall be solely responsible for the payment of any individuals employed, engaged or retained by the Recipient for the purpose of assisting it in the fulfilment of its obligations under this agreement. #18..
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12. Insurance
The Recipient shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Recipient shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days’ notice of the cancellation on the policies of insurance required hereunder (10 days’ notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice.

The Recipient shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled. (a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.
(b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent The Recipients and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage . This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall #18..
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be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Recipient shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Recipient to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Recipient to obtain and/or maintain any required insurance shall not relieve the Recipient from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Recipient concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by The Recipient for the City. The Recipient's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Recipient must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

THE RECIPIENT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, THE RECIPIENT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

For any claims related to this project, the RECIPIENT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the RECIPIENT’S insurance and shall not contribute with it.

13. Non-Discrimination
Recipient shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Recipient under this Agreement. Recipient shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, #18..
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contracting, and the provision of any services that are the subject of this Recipient, including but not limited to the satisfaction of any positive obligations required of Recipient thereby.

14. NOTIFICATION
Any notice, communication, amendment, addition or deletion to this Agreement, including change of address of either Party during the term of this Agreement, which Recipient or City shall be required or may desire to make shall be in writing and may be personally served or, alternately, sent by prepaid first class mail to the respective Parties as follows:

To City:

City of Modesto
Attn: Edgar R. Garcia, Housing and Urban Development Supervisor 1010 10th Street
Modesto, CA 95353
To Recipient:

The Modesto Gospel Mission
Attn: Jason Conway
1400 Yosemite Blvd
Modesto, CA 95354

15. SEVERABILITY
If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or City statute, ordinance or regulation; the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.

16. DISPUTE RESOLUTION
All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court #18..
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proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by the Recipient with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by The Recipient so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by the Recipient to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to the Recipient. Otherwise, the claim or claims shall be deemed waived in their entirety.

The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made. Both City and the Recipient shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.

Whether or not City and the Recipient may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail.

The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.
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The Recipient shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and The Recipient involving the work of the subcontractor to be joined. The Recipient’s failure to do so shall be a breach of this Agreement.

The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.

17. INDEPENDENT PARTIES
Nothing in this Agreement is intended to or shall establish the Parties as partners, coventurers, or principal and agent with one another. At all times during the term of this Agreement, Recipient and City shall be independent parties, and Recipient shall not be an employee of the City. Except as Recipient may specify in writing, Recipient shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Recipient shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. At all times during the term of this Agreement, Recipient and

18. ENTIRE AGREEMENT
This Agreement, including the exhibits attached hereto, represents the entire and integrated agreement between City and Recipient ant and supersedes all prior negotiations, representations, or agreements, either written or oral. No amendment of any of the terms or provisions of the Agreement shall be deemed valid unless it is in writing and signed by both Parties.

19. GENERAL PROVISIONS
A. Binding Agreement. This agreement shall be binding on and inure to the benefit of the City, the Recipient and their respective successors and assigns. Nothing contained in this Agreement is intended to or shall be deemed to confer upon any person, other than the Parties and their respective successors and assigns, any rights or remedies hereunder.

B. Severability. Any provision of this agreement, which is or becomes prohibited or unenforceable in any jurisdiction, shall not invalidate or impair the remaining provisions of this agreement which shall be deemed severable from the prohibited or unenforceable provision and any prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable that provision in any other jurisdiction.

C. Waiver. The fact that the City refrains from exercising a remedy it is entitled to exercise under this agreement shall not be considered to be a waiver of such right and, furthermore, partial or limited exercise of a right conferred upon the City shall not prevent the City in any way from later exercising any other right or remedy under this agreement or other applicable law. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any #18..
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other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving Party
D. Business License. Recipient will have a valid City of Modesto Business License.

E. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding chose of law rules.

F. Construction of Agreement. The section headings and captions used herein are solely for convenience and shall not be used to interpret this Agreement. The Parties acknowledge that this Agreement is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since all of the Parties have participated in the negotiation and drafting of this Agreement, this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if all Parties had prepared it.

G. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original and all of which taken together shall constitute one instrument. The persons executing this Agreement on behalf of Parties have been duly authorized to do so.

IN WITNESS WHEREOF, the Parties have executed this MOU as of the effective date set forth above.

CITY OF MODESTO
By: ______________________________
Joseph P. Lopez
City Manager
City of Modesto, State of California
ATTEST: ___________, City Clerk of the City of Modesto, State of California By: ______________________________
City Clerk
APPROVED AS TO FORM:

Jose M. Sanchez,
City Attorney
By: _______________________________
City Attorney
The Modesto Gospel Mission
By: ______________________________
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EXHIBIT A – SCOPE OF WORK
The Modesto Gospel Mission shall operate the Safe Sleeping Program in accordance with the following scope of work:

The project scope includes a place to sleep that is safe from the elements, pests, and other unsafe environmental factors. The proposed safe sleeping program will serve women, and women with children regardless of gender, through the age of 18 who are experiencing homelessness.

The site will be drop-in with a capacity of 40 individuals. The program will operate seven (7) days/week, with unrestricted access from 8:30 pm to 6:30 am for 12 months. The program will also include on-site security, meals, and bathroom and shower access for participants.

A staff member will intake individuals and triage for immediate support and intervention.

Individuals will have access to wrap around services including, individualized case management, supportive services, including, housing search and placement, employment development, and connection to mainstream resources. Modesto Gospel Mission will enter participants in the community’s Homeless Management Information System and coordinate with community partners to assist program participants.
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EXHIBIT B
U.S. DEPARTMENT OF THE TREASURY

CORONAVIRUS LOCAL FISCAL RECOVERY FUND

AWARD TERMS AND CONDITIONS

1. Use of Funds.
a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 603(c) of the Social Security Act (the Act), U.S.

Department of Treasury’s (“Treasury”) regulations implementing that section, and guidance issued by Treasury regarding the foregoing.
b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning, management, and completion of such project.

2. Period of Performance. The period of performance for this award begins on the date hereof and ends on December 31, 2026. As set forth in Treasury’s implementing regulations, Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3, 2021, and ends on December 31, 2026.

3. Reporting. Recipient agrees to comply with any reporting obligations established by Treasury as they relate to this award.

4. Maintenance of and Access to Records
a. Recipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations. c. Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later.

5. Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award.

6. Administrative Costs. Recipient may use funds provided under this award to cover both direct and indirect costs.

7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.

8. Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Recipient and subrecipients must disclose in writing to #18..
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Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112.

9. Compliance with Applicable Law and Regulations.
a. Recipient agrees to comply with the requirements of section 602 of the Act, regulations adopted by Treasury pursuant to section 602(f) of the Act, and guidance issued by Treasury regarding the foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19. v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following:
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i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.

10. Remedial Actions. In the event of Recipient’s noncompliance with section 602 of the Act, other applicable laws, Treasury’s implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 602(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 602(e) of the Act and any additional payments may be subject to withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.

11. Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance.

12. False Statements. Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.

13. Publications. Any publications produced with funds from this award must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number SLFRP2096 awarded to County of Stanislaus by the U.S. Department of the Treasury.”

14. Debts Owed the Federal Government.
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a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and have not been repaid by Recipient shall constitute a debt to the federal government.
b. Any debts determined to be owed the federal government must be paid promptly by Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury’s initial written demand for payment, unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt.

15. Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient.

16. Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
v. An authorized official of the Department of Justice or other law enforcement agency;
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Funding Contribution Agreement – The Salvation Army
vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct.
c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.

17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles.

18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers.

ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury, the recipient named below (hereinafter referred to as the “Recipient”) provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to the Recipient’s beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits.

The assurances apply to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future.

The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the Recipient’s program(s) and activity(ies), so long as any portion of the Recipient’s program(s) or activity(ies) is federally assisted in the manner prescribed above.

1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents.

2. Recipient acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP).

Recipient understands that denying a person access to its programs, services, and activities #18..
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because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient’s programs, services, and activities.

3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov.

4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient’s successors, transferees, and assignees for the period in which such assistance is provided.

5. Recipient acknowledges and agrees that it must require any sub-grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient’s sub-grantees, contractors, subcontractors, successors, transferees, and assignees:

The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.

6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal 6 6. 7. 8. 9.

10. financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property.

7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on-site compliance reviews and reporting requirements.
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8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.

9. Recipient must provide documentation of an administrative agency’s or court’s findings of noncompliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administrative agency finding of discrimination, please so state.

10. If the Recipient makes sub-awards to other agencies or other entities, the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of subrecipients.

The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law.

Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the Recipient’s obligations as herein described, that any information submitted in conjunction with this assurances document is accurate and complete, and that the Recipient is in compliance with the aforementioned nondiscrimination requirements.
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EXHIBIT C

ANNUAL REPORTING REQUIREMENTS
Contractor shall use Exhibit C to provide an annual performance report.

The initial report will cover the period from the date the contract was executed to the following June 30, and will be due to the Recipient within 15 days after the end of the reporting period. Thereafter, the report will cover a 12-month period and contractors will be required to submit the report to Recipient within 15 days after the end of the 12-month period (by July 15).

Notes on using this template
All contractors that are recipients of State and Local Fiscal Recovery Funds (SLFRF) awards are required to produce an Annual Report. The Annual Report provides information on the contractor’s project and how they plan to ensure program outcomes are achieved in an effective and equitable manner.

The initial Annual Report will cover the period from the date of award to the following June 30 and must be submitted to Recipient within 15 calendar days after the end of the reporting period. Thereafter, the Annual Report will cover a 12-month period and contractors will be required to submit the report to Recipient within 15 calendar days after the end of the 12-month period (by July 15).

Annual Report Period Covered Due Date
1 Award – June 30, 2022 July 15, 2022
2 July 1, 2022 – June 30, 2023 July 15, 2023
3 July 1, 2023 – June 30, 2024 July 15, 2024
4 July 1, 2024 – June 30, 2025 July 15, 2025
5 July 1, 2025 – June 30, 2026 July 15, 2026
6 July 1, 2026 – December 31, 2026 January 15, 2027
Instructions:

Contractors should consult the SLFRF Guidance on Recipient Compliance and Reporting Responsibilities (Reporting Guidance) located at https://home.treasury.gov/system/files/136/SLFRF-Compliance-andReporting-Guidance.pdf for detailed guidance on the submission of this report or contact county staff for assistance with completing this exhibit.

Recipient recommends the use of infographics, tables, charts, pictures, case studies, and other explanatory elements in describing their programs.

Text in italics represents the requirements from the Reporting Guidance and is meant to serve as a reference as contractors prepare their Annual Report. This instructions page and the text in italics should be removed before the final transmitted report is published and submitted to Recipient. #18..
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Funding Contribution Agreement – The Salvation Army
The Salvation Army
202x Annual Report

GENERAL OVERVIEW
Uses of Funds
Describe in further detail contractor’s intended and actual uses of the funds, such as how contractor’s approach would help support individuals experiencing homelessness. Describe any strategies employed to maximize programmatic impact and effective, efficient, and equitable outcomes. Given the broad eligible uses of funds and the specific needs of the jurisdiction, explain how the funds would support the communities, and target population. Address how you are promoting each of the following Expenditure Categories, to the extent they apply:
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Funding Contribution Agreement – The Salvation Army

EXHIBIT D

QUARTERLY PROJECT AND EXPENDITURE REPORT REQUIREMENTS
Contractor shall use Exhibit D to provide a quarterly project and expenditure report.

The initial report will cover the period from the date the contract was executed through the end of the quarter, and will be due to the Recipient within 15 days after the end of the reporting period. Thereafter, the report will cover one quarter and contractors will be required to submit the report to Recipient within 15 days after the end of the quarter.

ARPA QUARTERLY PROJECT AND EXPENDITURE REPORT
Reporting on State and Local Fiscal Recovery Funds (SLFRF) Name of Entity:

Project Name:

Reporting Period Start Date:

Reporting Period End Date:

Expenditure Category:

3.11 Housing Support: Services for Unhoused Persons* ^
Please provide a brief description of the activities conducted:

Category Cumulative
Expenditures to
date ($)
Cumulative
Obligations to
date ($)
Current Period
Expenditures
Current Period
Obligations
7 Administrative

7.2 Services for Unhoused Persons
[PLEASE SELECT ONE]
5073279.1

PROJECT

EXPENDITURES

PROJECT STATUS
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10/10/2023 4:30:00 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, NOVEMBER 7, 2023 AT 4:45 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.

Any and all of the following agenda items are subject to action being taken by the Modesto City Council.

The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:

CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: City of Modesto, et al. v. The Dow Chemical Company, et al. (PCE) Superior Court of the State of California
Case No: CGC-98-999345 and CGC-98-999643

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
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Modesto City CouncilNovember 7, 2023

Modesto City Council
November 7, 2023