Modesto City Council
November 14, 2023

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MODESTO CITY COUNCIL
www.modestogov.com
AGENDA
City of Modesto

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, November 14, 2023 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
* Public Comment will only be in-person. Members of the public who wish to address the Council, by providing public comment, during the meeting must do so in-person in the Council Chambers.

As an alternative, members of the public may also provide written public comment submitted via email as indicated in the Submitting Comments by Email instructions on this agenda. Zoom will still be available for viewing and Wordly translation.
*Members of the public will be allowed to provide public comment through Zoom if a Councilmember is participating remotely pursuant to the provisions of Assembly Bill 2449. *Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the Council meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below, and the meeting is physically open to the public.
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.
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You may observe a livestream of the meeting at http://media.modestogov.com. You may also view or listen to the meeting as indicated below.

THE MEETING CAN BE VIEWED BY ZOOM VIDEO

CONFERENCING OR TELEPHONE
Joining the City Council meeting via Zoom
The City of Modesto is now offering the ability to view Council meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
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Joining the City Council meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can listen by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Councilmembers and placed in the record but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.

This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website https://www.modestogov.com/council-meetings In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, - 2 -
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programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Pledge of Allegiance to the Flag
Invocation: Cindy Fraze, The Church of Jesus Christ of Latter Day Saints City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Proclamation declaring November 12-18, 2023, as United Against Hate Week in the City of Modesto. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected]

2. Proclamation declaring November 25, 2023 as Small Business Saturday. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected]

3. Presentation from the Municipal Information Systems Association of California (MISAC) to the City of Modesto for the 2023 MISAC Excellence Award for Best Practices in Information Technology and the 2023 MISAC Innovation Award for the City’s implementation of Wordly Real-time Translation Services. (Funding Source:

Not Applicable)
IT; Scott Conn, 209-577-5229, [email protected]

MISCELLANEOUS
Legislation, Appointments, Other

4. Consider accepting the resignation of Alexandra von Stade from the Measure H Oversight Board. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution accepting the resignation of Alexandra von Stade from the Measure H Oversight Board.

BUDGET; Steve Christensen, 209-577-5390, [email protected] - 3 -
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5. Consider appointing Erin Black to the City of Modesto Planning Commission with a partial term expiring December 31, 2024. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution appointing Erin Black to the City of Modesto Planning Commission with a partial term expiring December 31, 2024.

CED; Jessica Hill, 209-577-5267, [email protected]

PUBLIC COMMENT IN PERSON
Three-minute time limit per speaker.

Only interested persons in the audience may present these matters. Under State law, Councilmembers may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Councilmember or the Council itself may take action to direct staff to place a matter of business on a future agenda.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED
Information concerning the consent items listed below has been forwarded to each Councilmember prior to this meeting for study. Unless some member of the audience or Councilmember has a question concerning an item and asks that it be withdrawn from the consent list, the Council approves the items at one time. The action taken by the Council in approving consent items is set forth in the explanation of this individual item.

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

CONSENT
An item may be removed from consent and discussed at the request of an audience member or Councilmember.

Consent

6. Consider approving the minutes from the November 7, 2023 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving the minutes from the November 7, 2023 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent

7. Consider approving Final Adoption of Ordinance 3771-C.S. 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 - 4 -
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to Chapter 3 (Land Use Regulations), Article 2 (Specific Land Use Regulations) of Title 10. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving Final Adoption of Ordinance 3771-C.S. 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.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent

8. Consider approving Final Adoption of Ordinance 3772-C.S. 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. (Funding Source: Not Applicable) Staff Recommendation:
 Motion approving Final Adoption of Ordinance 3772-C.S. 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.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent

9. Consider approving Final Adoption of Ordinance 3773-C.S. 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. (Funding Source: Not Applicable) Staff Recommendation:
 Motion approving Final Adoption of Ordinance 3773-C.S. 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.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent

10. Consider approving Final Adoption of Ordinance 3774-C.S. amending multiple Sections 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. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving Final Adoption of Ordinance 3774-C.S. 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.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] - 5 -
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Consent

11. Consider approving Final Adoption of Ordinance 3775-C.S. amending multiple Planned Development Zones to allow Multiple Family Residential Development in addition to their existing uses. (Funding Source: Not Applicable) Staff Recommendation:
 Consider approving Final Adoption of Ordinance 3775-C.S. 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.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent

12. Consider amending Section 5 Policy- “Emergency Solutions Grant Program Policies” and adopting Section 19 “Uniform Relocation Assistance and Real Property Acquisition Policies (URA)” of the Housing and Urban Development Policies and Procedures Manual. (Funding Source: Various funds)
Staff Recommendation:
 Resolution amending Section 5 Policy- Emergency Solutions Grant Program Policies and adopting Section 19 Policy- Uniform Relocation Assistance and Real Property Acquisition Policies of the Housing and Urban Development Policies and Procedures Manual.

CED; Edgar Garcia, 209-577-5211, [email protected] Consent

13. Consider approving a Second Amendment increasing the Agreement amount with Community Reinvestment Fund, USA (CRF), for continued Loan Servicing of Community Development Funded Loans by $60,000 to a new total amount of $150,000 and extending the term of the Agreement from June 30, 2023 to June 30, 2024. (Funding Source: Various Loan Servicing Program Income) Staff Recommendation:
 Resolution approving a Second Amendment increasing the Agreement amount with Community Reinvestment Fund, USA (CRF), for continued Loan Servicing of Community Development Funded Loans by $60,000 from $90,000 to a new total amount of $150,000 and extending the term of the Agreement from June 30, 2023 to June 30, 2024 and authorize the City Manager or his designee to execute the Amendment.

CED; Edgar Garcia, 209-577-5211, [email protected] Consent

14. Consider accepting the Public Improvements of Woodglen Subdivision Village Two and Woodglen Subdivision Village Five located at an area bounded by Pelandale - 6 -
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Avenue, Carver Road, Bangs Avenue, and Tully Road and releasing securities upon expiration of statutory periods. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution accepting the Public Improvements for Woodglen Subdivision Village Two, located at an area bounded by Pelandale Avenue, Carver Road, Bangs Avenue, and Tully Road, authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s Office, and to release securities upon expiration of statuary periods.
 Resolution accepting the Public Improvements for Woodglen Subdivision Village Five, located at an area bounded by Pelandale Avenue, Carver Road, Bangs Avenue, and Tully Road, authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s Office, and to release securities upon expiration of statuary periods.

ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] Consent

15. Consider accepting the Monthly Investment Report for July 2023. (Funding Source:

Various Funds)
Staff Recommendation:
 Motion accepting the Monthly Investment Report for July 2023.

FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent

16. Consider amending the Annual Commercial Cannabis Permit Fee by establishing two types of commercial cannabis permit fees for City approved businesses. (Funding Source: General Fund)
Staff Recommendation:
 Resolution approving an Amendment to the Annual Commercial Cannabis Permit Fee by establishing two types of commercial cannabis permit fees for City approved businesses for an Operational Annual Commercial Cannabis Permit Fee with an annual cost of $18,732 and Non-operational Annual Commercial Cannabis Permit Fee with an annual cost of $4,307.  Resolution approving an update of the Annual Commercial Cannabis Permit Fee billing cycle to align with the Annual Permit issuance and expiration date from a calendar year to fiscal year.
 Resolution approving the creation of a new fund to track overall cost of providing the cannabis program; and amending the Fiscal Year 2023-24 Operating Budget to reduce the General Fund (0100) revenue and expense budgets in the amount of $299,712 and increasing the revenue and expense budgets in the new Cannabis Fund (1820) by the same amount, increasing the transfer out/in budgets by $794,117 to increase the transfer from the General Fund to the Cannabis Fund, and amend the Fiscal Year 2023-24 multi-year noncapital project budget to create a new project for the Cannabis Equity program in the Cannabis Fund and to transfer any current Cannabis Equity funding to the new Cannabis Fund; and authorizing the City Manager to implement the - 7 -
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necessary steps to carry out the approved action.

FINANCE DEPARTMENT; Gina Brown, 209-577-5381, [email protected] Consent

17. Consider an Agreement with SpryPoint Services, Inc., Charlottetown, P.E. for Utility Billing, Receivables and Cashiering Softwares for a total amount not to exceed $2,391,960 over two years. (Funding Source: Various Funds) Staff Recommendation:
 Resolution approving an Agreement with SpryPoint Services, Inc., Charlottetown, P.E., by utilizing the Competitive Bid Process with the City of Aurora, for Utility Billing, Receivables and Cashiering Software for a one year Agreement, with one-year Renewal Option for an estimated annual amount of $423,960 , and a total amount not to exceed $2,391,960 over two years, and authorizing the City Manager, or his designee, to execute the Agreement.

FINANCE DEPARTMENT; Jeni Martin, 209-571-5892, [email protected] Consent

18. Consider approving an Agreement with Citibot, Inc., for Professional Services and Software Subscription for a total amount not to exceed $116,030 over three years. (Funding Source: Information Technology Fund)
Staff Recommendation:
 Resolution approving the Sole Source Agreement with Citibot, Inc. of Charleston, SC for Professional Services and Software Subscription in the amount of $111,150 plus a 10% contingency in year one of $4,880 for a total amount not to exceed $116,030 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.

IT; James Dotson, 209-571-5508, [email protected] Consent

19. Consider an Engineering Services Agreement with Carollo Engineers, Inc. of Walnut Creek, CA, for the River Trunk Rehabilitation Phase 1 Project, in an amount not to exceed $935,000. (Funding Source: Wastewater Fund)
Staff Recommendation:
 Resolution approving an Engineering Services Agreement with Carollo Engineers, Inc., of Walnut Creek, CA, for the River Trunk Rehabilitation Phase 1 Project in the amount of $850,000, plus $85,000 in additional services, if needed, for a total amount not to exceed $935,000 and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $5,260,000 to be transferred into the Project from Wastewater Reserves to fund the River Trunk Rehabilitation Phase 1 Project and authorizing the City Manager, or his designee, to implement the provisions of this resolution.

UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] - 8 -
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Consent

20. Consider approving an Engineering Services Agreement with Carollo Engineers, Inc. of Walnut Creek, CA, for the River Trunk Realignment – Pump Station Project, in an amount not to exceed $2,750,742. (Funding Source: Wastewater Fund) Staff Recommendation:
 Resolution approving an Engineering Services Agreement with Carollo Engineers, Inc., of Walnut Creek, CA, for the River Trunk Realignment – Pump Station Project in the amount of $2,500,674, plus $250,068 in additional services, if needed, for a total amount not to exceed $2,750,742 and authorizing the City Manager, or his designee, to execute the Agreement.

UTILITIES; Cristian Ciotau, 209-577-5260, [email protected]

COUNCIL COMMENTS & REPORTS

CITY MANAGER COMMENTS & REPORTS

HEARINGS
Published in the Modesto Bee on November 3, 2023.

21. Hearing to consider an appeal by Cody Alkire, to deny his Variance request to permit existing fences and walls that exceed heights allowed by Title 10 of the Modesto Municipal Code and are within the required 7.5-foot street-side yard and 15-foot front yard setbacks on property located at 219 North Morton Boulevard (APN: 107-007- 050). (Funding Source: Development Appeal Fees)
Staff Recommendation:
 Resolution denying the appeal of Cody Alkire and affirming the Board of Zoning Adjustment decision denying a variance at the property at 219 N.

Morton Boulevard.

CED; Diana Lowrance, 209-577-5302, [email protected] Published in the Modesto Bee on November 3, 2023.

22. Hearing to consider an increase in Golf Green Fees at the City of Modesto Golf Courses by $2/round effective July 1, 2024, with an annual inflator of $1/round each year for the next two years, subject to annual review, rescinding Resolution No. 2018- 377. (Funding Source: Golf Fund)
Staff Recommendation:
 Resolution approving an increase in Golf Green Fees at the City of Modesto Golf Courses by $2/round effective July 1, 2024, with an annual increase of $1/round each year for the next two years, subject to annual review, rescinding Resolution No. 2018-377.

PRN; Laurie Smith, 209-577-5437, [email protected]
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MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the City Council and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.

ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 14, 2023
Date: October 24, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Stephan Christensen, Budget Manager
SUBJECT: Measure H Oversight Board Resignation
CONTACT: Steve Christensen, Budget Manager, [email protected] 209-577-5390
DESCRIPTION:

Consider accepting the resignation of Alexandra von Stade from the Measure H Oversight Board. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto 2020-2025 Strategic Plan focus on Governance and Service Delivery under Goal H: Achieve Financial Sustainability.

BACKGROUND:

The Measure H Oversight Board was established with the voter approved Measure H, one-cent sales tax for general city services on November 8, 2022. The Oversight Board is entrusted with reviewing all revenues and expenditures of funds from the sales tax revenue generated from the passage of Measure H. The board is made up of nine (9) total members broken down as follows:
 District 1
 District 2
 District 3
 District 4
 District 5
 District 6
 Three (3) “At-Large” Members
DISCUSSION:

On June 27, 2023, by Resolution No 2023-295, Alexandra von Stade was appointed to the Measure H Oversight Board with a term expiration date of June 27, 2027. On September 23, #4..
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City Council, November 14, 2023
Measure H Oversight Board Resignation

2023, Alexandra von Stade formally resigned from the Measure H Oversight Board. This resignation will leave the District 1 member seat vacant.

FISCAL IMPACT:

There is no fiscal impact related to this action.

COMMITTEE RECOMMENDATION:

This item was not presented to a committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the resignation of Alexandra von Stade from the Measure H Oversight Board.

Approved by:

Stephan Christensen, Budget Manager
Joseph P. Lopez, City Manager
Attachments:

1. Resolution
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11/14/2023/Budget/SChristensen/Item X 1 2023-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION ACCEPTING THE RESIGNATION OF ALEXANDRA VON

STADE FROM THE MEASURE H OVERSIGHT BOARD
WHEREAS, the Measure H Oversight Board was established to review all revenues and expenditures of funds from the sales tax revenue generated from the passage of Measure H, and
WHEREAS, on June 27, 2023, by Resolution No. 2023-295, Alexandra von Stade was appointed to serve as a member of the Measure H Oversight Board, and WHEREAS, Alexandra von Stade has tendered her resignation from the Measure H Oversight Board effective September 23, 2023.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby accepts the resignation of Alexandra von Stade from the Measure H Oversight Board with regret.
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11/14/2023/Budget/SChristensen/Item X 2 2023-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 14th 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 votes:

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

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 14, 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: Appointment to the Planning Commission
CONTACT: Jessica Hill, Director of Community and Economic Development [email protected]; 209-577-5267
DESCRIPTION:

Consider appointing Erin Black to the City of Modesto Planning Commission with a partial term expiring December 31, 2024. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

This action supports the City’s Strategic Commitment, “Build Community trust in City Government through Responsive, Transparent and Efficient Service Delivery. Goal I. Promote Trust and Engagement between the Community and the City”.

BACKGROUND:

The Planning Commission is responsible for making decisions and recommendations regarding the development of the community. The Planning Commission has final authority regarding subdivision maps and parcel maps, certain zoning matters and development plans, and occasionally matters appealed either from the staff level or Board of Zoning Adjustment. The Planning Commission makes recommendations to the City Council regarding annexations, rezonings, code amendments and most General Plan-related matters. Seven (7) members are appointed by the City Council for a 4-year term, starting January 1st and ending December 31st.

Section 11021 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions with the recommendation of the City’s Appointments Committee.

DISCUSSION:

Commissioner Hank Pollard was reappointed to the Planning Commission for a term effective January 1, 2020, through December 31, 2024, by Council Resolution 2020-493. Commissioner Pollard resigned on March 3, 2023, leaving a vacancy on the Planning Commission and a partial 1 https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=CHTR_ARTXIAPBOCO_S1102APTE #5..
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City Council, December 5, 2023
Appointment to Planning Commission

term to fill. Vacancies are to be filled by a prospective candidate, subject to interviews by the Appointments Committee, as required by Council policy, and final approval by the City Council.

Outreach for the Planning Commission vacancy included posting the vacancy in the Modesto Bee, emails to those who have applied for a Planning Permit, emails to those who have a business license as an Engineer or Architect, and emails to current members of all Planning Committees to send on to their colleagues to apply.

The Appointments Committee received five applications for the Planning Commission and conducted interviews on September 28, 2023.

FISCAL IMPACT:

There is no fiscal impact related to this action.

COMMITTEE RECOMMENDATION:

The Appointments Committee made a motion recommending the appointment of Erin Black to fill the partial term expiring December 31, 2024, for the City of Modesto Planning Commission and forwarding to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations
Resolution appointing Erin Black to the City of Modesto Planning Commission with a partial term expiring December 31, 2024.

Approved by:

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

1. Resolution

2. Planning Commission Bylaws 08-24-16
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11/14/2023/CED/JHill/Item X 1 2023-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPOINTING ERIN BLACK TO THE CITY OF MODESTO

PLANNING COMMISSION WITH A PARTIAL TERM EXPIRING DECEMBER 31, 2024
WHEREAS, Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions; and WHEREAS, Planning Commissioner Hank Pollard resigned the term ending on December 31, 2024, leaving a vacancy on the Planning Commission; and WHEREAS, the Appointments Committee met on September 28, 2023, and recommended the appointment of Erin Black to the Modesto Planning Commission.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Council of the City of Modesto that it herby appoints Erin Black to the City of Modesto Planning Commission, with a partial term expiring December 31, 2024.

BE IT FURTHER RESOLVED, the City Clerk is hereby directed to transmit a copy of this resolution to the appointed member of the Modesto Planning Commission, and the Secretary thereof.
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11/14/2023/CED/JHill/Item X 2 2023-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 14th 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

PLANNING COMMISSION
Rules and Regulations
August 2016
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TABLE OF CONTENTS
Description Page
Dates of Adoption/Amendments……………………………………………………………………………………………1 ARTICLE I. – ORGANIZATION
Section 1.1 – Establishment………………………………………………………………………………………….. 2 ARTICLE II. – POWERS AND DUTIES
Section 2.1 – Enumerated…………………………………………………………………………………………….. 2 ARTICLE III. - MEETINGS
Section 3.1 – Regular Meetings……………………………………………………………………………………… 2 Section 3.2 – Special Meetings………………………………………………………………………………………. 3 Section 3.3 – Notice of Meetings……………………………………………………………………………………. 3 Section 3.4 – Place of Meetings……………………………………………………………………………………… 3 Section 3.5 – Quorum…………………………………………………………………………………………………… 3 Section 3.6 – Meetings to be Public… ……………………………………………………………………………. 3 Section 3.7 – Seating and Roll Call Vote…………………………………………………………………………. 3 Section 3.8 – Attendance………………………………………………………………………………………………. 3 Section 3.9 – Agenda and Reports…………………………………………………………………………………. 4 Section 3.10 – Field Trips…............................................................................................... 4 Section 3.11 – Reading of the Minutes…………………………………………………………………………….4 Section 3.12 – Order of Business (Agendas)……………………………………………………………………. 4 ARTICLE IV. – PUBLIC HEARINGS
Section 4.1 – Public hearing Procedures…………………………………………………………………………. 4 ARTICLE V. – PLANNING COMMISSION ORGANIZATION
Section 5.1 – Membership……………………………………………………………………………………………. 6 Section 5.2 – Term………………………………………………………………………………………………………. 6 Section 5.3 – Appointment process………………………………………………………………………………. 6 ARTICLE VI. – ELECTION OF OFFICERS/TERMS OF OFFICE
Section 6.1 – Election of Officers…………………………………………………………………………………… 6 Section 6.2 – Terms of Office………………………………………………………………………………………. 6 ARTICLE VII. – OFFICERS
Section 7.1 – Enumerated…………………………………………………………………………………………….….… 7 Section 7.2 – Election of Officers…………………………………………………………………………………………. 7 ARTICLE VIII. – PROCEDURES, POWERS, DUTIES, AND STAFF
Section 8.1 – Designated………………………………………………………………………………………………. 7 Section 8.2 – Secretary of the Commission……………………………………………………………………. 7 Section 8.3 – Recording Secretary…………………………………………………………………………………. 7 ARTICLE IX. – PARLIAMENTARY PROCEDURE
Section 9.1 – Rules of Order…………………………………………………………………………………………. 7 Section 9.2 – Rules of Debate……………………………………………………………………………………….. 7 Section 9.3 – Rules for Processing of Motions…………………………………………………………………. 8 Section 9.4 – Parliamentarian……………………………………………………………………………………….. 9 ARTICLE X. – METHOD OF ACTION
Section 10.1 – Decisions……………………………………………………………………………………………….. 9 ARTICLE XI. – COMMITTEES
Section 11.1 – Special Committees………………………………………………………………………………… 9 #5..
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Rules and Regulations
August 23, 2016
Adopted: February 5, 1957
Amended: October 7, 1958,
November 18, 1958
October 3, 1961
December 15, 1964
March 18, 1975
December 5, 1978
April 2, 1979
September 2, 1979
May 4, 1981
September 20, 1982
March 21, 1983
January 20, 1987
December 19, 1988
April 16, 1990
April 21, 1997
August 16, 1999
April 19, 2004
June 7, 2010
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ARTICLE I. ORGANIZATION
Section 1.1 Establishment
The Planning Commission of the City of Modesto, hereafter called “The Commission”, is established pursuant to the provisions of Chapter 1 of Title X of the Modesto Municipal Code.

ARTICLE II. POWERS AND DUTIES
Section 2.1 Enumerated.

The Commission shall have the following powers and duties:
(a) Perform all of the functions assigned to a City Planning Commission by the statutes of the State Law relating to planning and zoning, insofar as they are not in consistent with the provisions of the Charter of the City of Modesto.
(b) Prepare and recommend the adoption, amendment, or repeal of a General Plan. (c) Advise and recommend to the proper officials of the City the approval, disapproval or modification of all land subdivision in accordance with the Subdivision Map Act of the State of California, or as may be provided by the Municipal Code of the City of Modesto. (d) Hold hearings on planning and zoning matters as prescribed by the Modesto Municipal Code, or State law.
(d) Review and recommend to the City Council a capital improvements program budget. (e) Advise and recommend to the proper officials of the City regarding the acquisition, use, or disposition of all City-owned property.
(f) Advise and recommend to the Council on matters required by law or referred by the City Council.

ARTICLE III. MEETINGS
Section 3.1 Regular Meetings.

Prior to the first meeting of the coming year, a calendar of meetings shall be approved by the Planning Commission. The calendar adopted by the Planning Commission shall constitute the Schedule of Meetings. In preparing the calendar of meetings, the following shall serve as guidelines:
(a) Regular meetings of the Commission shall be open to the public and shall be held at 6:00 p.m. on the first and third Monday of each calendar month.
(b) If a regular meeting date falls on a legal holiday the meeting shall be held on the previous or following Monday.
(c) If all members are absent from any regular or adjourned meeting, the Secretary may declare the meeting adjourned to a stated time and place. If the Secretary does so, the Secretary shall cause written notice of the adjournment to be given in the same manner provided for special meetings. Whenever a regular or adjourned regular meeting is adjourned as provided in this #5..
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section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting shall be held, it shall be held at the hour specified for the regular meeting which was adjourned.
(d) In preparing the calendar, a two-to-three-week interval between meetings shall be maintained, where possible.

Section 3.2 Special Meetings.

Special Meetings of the Commission shall be open to the public and shall be held at such time as the Commission may determine, or they may be called by the Chairperson any time where an emergency situation warrants such a meeting.

Section 3.3 Noticing of Meetings.

Noticing of all meetings shall be in conformance with State Planning Law and the Modesto Municipal Code.

Section 3.4 Place of Meetings.

All meetings shall be held in the official Council Chamber of the City of Modesto or in such other location of the City as may be designated by the Planning Commission or the Secretary thereto.

Section 3.5 Quorum.

A majority of the members of the Commission shall constitute a quorum for the transaction of business.

Section 3.6 Meetings to be Public.

All meetings of the Commission shall be open to the public.

Section 3.7 Seating and Roll Call Vote.

The Commission shall be seated in alphabetical order. A roll call vote shall be taken upon the passage of all resolutions and be entered upon the journal of the proceedings of the Commission. Upon the request of any member, a roll call vote shall be taken and recorded on any vote. Whenever a roll call vote of the Commission is in order, the names of the members shall be called in the order seated, provided that the name of the presiding officer shall be called last. All members shall be required to vote. The affirmative or negative vote of a majority of the entire membership of the Commission shall be necessary for it to take action.

Section 3.8 Attendance.

Regular attendance at all meetings of the Commission is required of all members to enable the Commission to discharge the duties imposed upon it by law. If a member is absent from three (3) regular meetings of the Commission consecutively, without securing the permission of the Commission expressed in its official minutes, the member shall be deemed to have resigned from the Commission, and the member’s office shall become vacant.

Section 3.9 Agenda and Reports.

In order to facilitate the orderly conduct of the business of the Commission, the Secretary shall prepare and agenda of the matters to be considered by the Commission at its next meeting together #5..
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with a report outlining all known facts in each case to be considered by the Commission, with such analysis as is necessary, including recommended action when appropriate. The agenda and all reports shall be delivered or mailed to each member of the Commission, the City Manager, and the City Attorney prior to the Commission meeting at which they are to be considered, as far as possible in advance of the meeting as time for preparation will permit. Matters not included on the agenda will not be acted upon by the Commission unless (a) a majority of the Commission determine that an emergency situation exists, or (b) the Commission, by a two-thirds vote, or if less than two-thirds of the members are present by a unanimous vote, determines that the need to take action arise subsequent to the agenda for the meeting being posted, or (c) the item was on a properly posted agenda for a prior meeting of the Commission occurring not more than five (5) days prior to the meeting at which the action is taken.

Section 3.10 Field Trips.

In cases where a view of the premises will assist the Commission in making a decision, a field trip may be arranged by City planning staff prior to the meeting.

Section 3.11 Reading of the Minutes.

Unless the reading of the minutes of a previous Commission meeting is requested by a member of the Commission, such minutes may be approved without reading if the Secretary has previously furnished each member of the Commission with a copy thereof.

Section 3.12 Order of Business (Agendas).

Order of business at any regular meeting shall be as follows:
a. Roll Call
b. Approval of Minutes
c. Consent and Joint Public Hearing Items
d. Public Hearings
e. Other Business
f. Oral Communications
g. Matters too Late for the Agenda
h. Adjournment
ARTICLE IV. PUBLIC HEARINGS
Section 4.1 Public Hearing Procedures.

The following rules shall govern the conduct of public hearings:
(a) The Chairperson opens the public hearing and calls for a presentation by staff. (b) At the opening of the hearing, staff describes the item under consideration and presents staff report and recommendation.
(c) The Planning Commission may ask questions of staff through the Chair. (d) At the conclusion of the presentation by staff, applicant (or proponents) is given first opportunity to speak and/or make a presentation, of any materials, exhibits, documents or other physical evidence.
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(e) For appeals, the Appelant’s presentation would precede the Applicant’s. (f) At the conclusion of the presentation by the applicant or proponents, any persons who oppose the application may make a presentation, and present any materials, exhibits, documents or other physical evidence.
(g) All exhibits, documents or other physical evidence used by applicant or other interested parties during the hearings, will be introduced into evidence and will become part of the record and retained by the Secretary until the decision becomes final. (h) Members of the public wishing to speak on an item shall not be required to be sworn. Each speaker will be required to approach the microphone and give their full name and address for the record before testifying.
(i) The Planning Commission may ask questions of the speaker, through the Chair. (j) The reading of details of letters and petitions by the persons submitting them may be permitted provided the material is not overly lengthy. Speakers will be asked to summarize written material. Such documents may be filed with the Secretary and the Secretary shall mark them as having been received for the limited purpose of showing the names of the persons protesting or supporting the application.
(k) While it is desirable in a democratic process to permit every person an unlimited right to speak, such a right unduly prolongs a public hearing and clouds the basic issue if the evidence presented is merely repetitious. Therefore, whenever necessary, the Chairperson may state that repetitious evidence is to be avoided. Similarly, testimony and evidence which is incompetent, irrelevant or immaterial may be foreclosed by the Chairperson. If such improper evidence is received, it shall not be considered by the Commission in reaching its decision. (l) The Commission may establish special rules for individual items of business, establishing time limits for presentations and requiring presentations to be made through spokespersons, if possible.
(m) After those in favor or opposed to an application have been heard, the Chairperson will ask for the recommendation of staff and the reasons for such recommendation. After such recommendation, both the applicant and opponent, if any, shall be given a limited amount of time to summarize their position or respond to the recommendation, after which the Chairperson shall close the public portion of the hearing. (n) The Commission should discuss the issues involved and make its decision only after hearing the evidence presented at the public hearing. Discussion of the matter by members of the Commission concurrently with or immediately following the staff’s factual report and before the public has an opportunity to present its point of view may influence the Commission action. Therefore, except for questions by the Commission to obtain or clarify the facts, discussion of the matter by Commission members should be delayed until after the public hearing is closed and the matter is presented to the Commission for discussion and decision. (o) The Commission may conduct a field trip to view the property involved in the public hearing. All field trips shall be taken as part of a regular, adjourned regular or special meeting of the Commission and all interested persons will be afforded the opportunity to be present to hear any reports or comments. A complete record of such field trip will be entered into the minutes so the record will indicate that the field trip was taken into consideration as evidence. If a Commissioner has personal knowledge of the property area, the Commissioner should make a #5..
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statement to that effect at the time of the hearing so the record will reflect everything being taken into consideration in making the final decision.
(p) Commissioners are responsible for ensuring that the public hearing is conducted in a fair and impartial manner. If a Commissioner receives personal contact or telephone calls outside of the public hearing which concerns a matter pending before or of interest to the Planning Commission, he or she shall disclose the substance and nature of the contact or call at the public hearing. If written materials are presented to the Commission by an applicant or member of the public, a copy must be made available for public review by filing the materials with the Secretary at least three (3) days in advance of the meeting at which the item or matter is scheduled to be considered or at the time the materials are provided to any Commissioner, whichever is earliest.
(q) Summary of Procedure for Conduct of Public Hearings by the Modesto City Planning Commission:
1) Opening of public hearing.
2) Staff Report and (optional) recommendation.
3) Applicant’s presentation.
4) Opposition presentation.
5) Staff recommendation.
6) Summation by applicant and opposition.
7) Close of public portion of hearing.
8) Discussion and decision by Commission.

ARTICLE V - PLANNING COMMISSION ORGANIZATION
Section 5.1 Membership.

The Planning Commission shall consist of seven members.

Section 5.2 Term.

The term of the Planning Commissioners shall be set by the City Council by resolution.

Section 5.3 Appointment Process.

The City Council shall appoint all members of the Planning Commission pursuant to applicable provisions of the Municipal Code.

ARTICLE VI - ELECTION OF OFFICERS/TERMS OF OFFICE
Section 6.1 Election of Officers.

As soon as practical following the first day of January of each year, the Commission shall elect a Chairperson and Vice Chairperson.

Section 6.2 Terms of Office.

The Chairperson and Vice-Chairperson shall hold offices for one (1) year.

ARTICLE VII. - OFFICERS
Section 7.1 Enumerated.

The officers of the Commission shall be:
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A Chairperson, whose duties shall be to preside at all meetings and call special meetings; and A Vice Chairperson, who shall, in the absence of the Chairperson, perform the duties of the Chairperson.

ARTICLE VIII. - PROCEDURES, POWERS, DUTIES, AND STAFF
Section 8.1 Designated.

The provisions of the Municipal Code of the City of Modesto pertaining to procedures, powers, duties, and staff shall prevail.

Section 8.2 Secretary of the Commission.

The Director of the Community & Economic Development Department or his/her designee shall serve as Secretary to the Commission. The Secretary shall keep a written record of all business transacted by the Commission, notify Commission members of meetings, and keep the official records of the Commission. Upon the direction of the Commission, the Secretary shall perform such other secretarial duties as the Commission may require.

Section 8.3 Recording Secretary.

The recording secretary shall assist the Secretary of the Commission in fulfilling the responsibilities of administering to the needs of the Commission, including attending meetings to take audio recordings of the meetings, preparing minutes of all meetings, maintaining personnel records of the Commissioners and coordinating meeting schedules.

ARTICLE IX. - PARLIAMENTARY PROCEDURE
Section 9.1 Rules of Order.

Except as otherwise provided in these rules and regulations, all meetings of the Commission shall be conducted in accordance with the following rules and procedures.

Section 9.2 Rules of Debate.

The Chairperson, or such other member of the Planning Commission as may be presiding, may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed upon all members. The Chairperson shall not be deprived of any of the rights and privileges of a Commission member by acting as the Presiding Officer. (a) Getting the floor. Every member desiring to speak shall address the chair, and, upon recognition by the Presiding Officer, shall address only the question under debate, avoiding all personalities and indecorous language.
(b) Interruptions. A member once recognized, shall not be interrupted when speaking other than by the Presiding Officer to call the member to order, or as herein otherwise provided. If a member, while speaking, be called to order, the member shall cease speaking until the question of order be determined, and, if in order, the member shall be permitted to proceed. (c) Privilege of closing debate. The Commission member moving the adoption of a resolution or motion shall have the privilege of closing the debate.
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(d) Remarks of Commission member. A Commission member may request through the Presiding Officer, the privilege of having an abstract of the member’s statement on any subject under consideration by the Commission entered in the minutes. If the Commission consents thereto, such statement shall be entered in the minutes.
(e) Synopsis of debate. The Secretary may be directed by the Presiding Officer, with the consent of the Commission, to enter in the minutes a synopsis of the discussion on any question coming regularly before the Commission.

Section 9.3 Rules for Processing of Motions.
(a) Making and withdrawing motions. When a motion is made, it shall be stated clearly and concisely by its mover. After a motion is made, it may be stated by the Presiding Officer before debate. A motion may be withdrawn by the mover without the consent of the remaining Commission members.
(b) Divisible propositions. If the question contains two (2) or more divisible propositions, the Presiding Officer may, and upon request of a Commission member shall, divide the same. (c) Precedence of motions. When a motion is before the Commission, no motion shall be entertained except (precedence in order indicating):
1) To adjourn.
2) To fix hour of adjournment.
3) To lay on the table.
4) For the previous question.
5) To postpone to a certain day.
6) To refer.
7) To amend.
8) To postpone indefinitely.
(d) Motion to adjourn. A motion to adjourn shall be in order any time except as follows:
1) When repeated without intervening business or discussion. 2) When made as an interruption of a member while speaking. 3) When the previous question has been ordered.
4) While a vote is being taken.

A motion to adjourn to “another time” is debatable only as to the time to which the meeting is adjourned.
(e) Motion to table. A motion to table or lay on the table is not debatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be “taken from the table” only by a successful motion to add it to the agenda at a subsequent meeting, to be discussed at the following regular meeting. (f) Motion for previous question. A motion for previous question shall close debate on the main motion and shall be undebatable. The statement by a Commission member “I call for the question” does not accomplish the same purpose. If a motion fails, debate is reopened, if motion passes, then vote shall be taken on the main motion. #5..
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(g) Motion to amend. A motion to amend shall be in order and is debatable only as to the proposed amendment. A motion to amend an amendment shall not be in order. Amendments are to be voted first, then the main motion as amended.
(h) Motion to postpone. A motion to postpone indefinitely shall be fully debatable and if the same is adopted the principal motion shall be declared lost. A motion to postpone to a definite time shall be amendable and debatable as to propriety of postponement and time set. (i) Motion to refer. A motion to refer to staff or to a Commission committee shall not be debatable except for the propriety of referring.
(j) Motion to reconsider. A motion to reconsider any action taken by the Commission may be made only on the day such action was taken. It may be made either immediately during the same session, or at a recessed or adjourned session thereof. Such motion must be made by one of the prevailing side, but may be seconded by any member, and may be made at any time and shall be debatable. Nothing herein shall be construed to prevent a Commission member of the prevailing side from remaking the same motion at a subsequent meeting of the Commission. In such an event, the person desiring to remake the motion for reconsideration shall submit a written request for reconsideration to the Commission Secretary, who shall place the matter on the agenda for the next regular meeting of the Commission.

Section 9.4 Parliamentarian.

The Chairperson, acting with the advice of the City Attorney, shall decide all questions of interpretation of these rules and any other questions of a parliamentary nature which may arise at a Planning Commission meeting.

ARTICLE X. - METHOD OF ACTION
Section 10.1 Decisions.

All decisions of the Commission required by the provisions of the Zoning and Subdivision Regulations shall be by resolution. All other determinations of the Commission may be by motion, except when otherwise required by law.

ARTICLE XI. - COMMITTEES
Section 11.1 Special Committees.

There shall be such special committees as the Commission may establish from time to time. #5..
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11/7/2023 5:30:00 PM

MODESTO CITY COUNCIL
www.modestogov.com

MINUTES
City of Modesto

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, November 07, 2023 at 5:30 PM
Roll Call – Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen

Absent: None
Pledge of Allegiance to the Flag
Invocation: Cindy Marks, Pray Modesto
City Clerk’s Announcements: City Clerk reported Item 11 is being continued to a future meeting date.

Declaration of Conflicts of Interest: Item 17 - Mayor Zwahlen, Councilmembers Wright, and Williams.

Reports from Closed Session: City Attorney Sanchez reported no reportable action was taken.

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Proclamation declaring November 11, 2023 as Veteran's Day. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected] #6..
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ACTION: Mayor Zwahlen presented a proclamation declaring November 11, 2023 as Veteran's Day.

2. Presentation of Helen Putnam Award for Excellence to the City of Modesto in recognition of its exceptional efforts to address homelessness in the community by Stephen Qualls, Cal Cities Public Affairs Manager. (Funding Source: Not Applicable) CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected] ACTION: Stephen Qualls, Cal Cities Public Affairs Manager, presented two (2) Helen Putnam Award for Excellence to the City of Modesto in recognition of its exceptional efforts to address homelessness in the community.

3. Swearing-in of Councilmember Rosa Escutia-Braaton as the President of the Central Valley Division of the League of California Cities. (Funding Source: Not Applicable) CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected] ACTION: Mani Grewal, Stanislaus County Board of Supervisor, swore-in Councilmember Rosa Escutia-Braaton as the President of the Central Valley Division of the League of California Cities.

4. Presentation of a check to the City of Modesto Parks, Recreation and Neighborhoods Department from proceeds received by the North Modesto Kiwanis Club as the presenting sponsor of the Annual Breakfast with Santa Event (Funding Source: Not Applicable)
PRN; Laurie Smith, 209-577-5344, [email protected]
ACTION: The North Modesto Kiwanis Club as the presenting sponsor of the Annual Breakfast with Santa Event presented a check to the City of Modesto Parks, Recreation and Neighborhoods Department.

MISCELLANEOUS

5. Consider appointing Jan Viss and Julie Saugstad for a two-year term with an expiration of December 31, 2026; and appointing Abimael Chavez-Hernandez, Collen Preston, and Roland (Sandy) Sutton, for a four-year term with an expiration of December 31, 2028 to serve on the on the Citizens’ Salary Setting Commission. (Funding Source:

Not Applicable)
Staff Recommendation:
 Resolution appointing Jan Viss and Julie Saugstad for a two-year term with an expiration of December 31, 2026; and appointing Abimael Chavez-Hernandez, Collen Preston, and Roland (Sandy) Sutton, for a four-year term with an expiration of December 31, 2028 to serve on the on the Citizens’ Salary Setting Commission.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] #6..
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ACTION: (Escutia-Braaton/Wright; 7/0) Resolution 2023-482 appointing Jan Viss and Julie Saugstad for a two-year term with an expiration of December 31, 2026; and appointing Abimael Chavez-Hernandez, Collen Preston, and Roland (Sandy) Sutton, for a four-year term with an expiration of December 31, 2028 to serve on the on the Citizens’ Salary Setting Commission.

6. Consider approving the appointment of Margaret James to the Equity Commission for a partial three-year term with an expiration date of August 1, 2026. (Funding Source:

Not Applicable)
Staff Recommendation:
 Resolution approving the appointment of Margaret James to the Equity Commission for a partial three-year term with an expiration date of August 1, 2026.

HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-483 approving the appointment of Margaret James to the Equity Commission for a partial three-year term with an expiration date of August 1, 2026.

PUBLIC COMMENT IN PERSON
 Patrick mentioned concerns about prostitution in Briggsmore Plaza and other issues with young children present, as well as employment challenges due to police calls made against them. He also expressed frustration over a recent officer-involved murder.  Zafrir Solomon stated he is disappointed in the City's approach to homelessness and called for more effective solutions to support the homeless population.  Derek Castle discussed the implementation of a day center to provide services and meals for unsheltered individuals, advocating for ending food handouts in City parks.  Betty Santos praised various councilmembers for their community involvement and social media presence, showing support for their efforts.  Sebastian Jones criticized the rejection of the safe camping program and expressed disappointment in the mayor's leadership, urging a more compassionate approach to homelessness.
 Eric Reimer raised concerns about a potentially illegal vote related to an agenda item and requested item 17 be removed from the agenda.
 John shared a personal story about encountering homeless individuals in a City park and urged the council to address homelessness more effectively, suggesting ideas for improvement.
 Jerry Thompson thanked councilmembers for their support of community initiatives and mentioned a request from the lowrider community to consider adding murals and monuments to Cesar Chavez Park.
 A gentleman expressed surprise and disappointment over the rejection of the safe ground initiative and called for swift action on bridge housing to address homelessness before winter.
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CONSENT
Consent

7. Consider approving the minutes from the October 24, 2023 Council Meeting. (Funding Source: Not Applicable)
 Motion approving the minutes from the October 24, 2023 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Ricci; 7/0) Motion approving the minutes from the October 24, 2023 Council Meeting.

Consent

8. Consider approving Agreements for consultant support with federal and state advocacy services to Townsend Public Affairs, Newport Beach, CA, and Van Scoyoc and Associates, Washington, DC, for a combined total amount not to exceed $750,000 over five years. (Funding Source: Various Funds)
 Resolution approving the Award of Proposals and Agreements for consultant support with state advocacy services to Townsend Public Affairs, Newport Beach, CA, for a two (2) year Agreement with three (3) one-year extension options, for an annual estimated amount of $60,000, and a total amount not to exceed $300,000 over five years, and approving an Agreement for consultant support with federal advocacy services to Van Scoyoc and Associates, Washington, DC for a two (2) year Agreement with three (3) one-year extension options, for an annual estimated amount of $90,000, and for a total amount not to exceed $450,000 over five years; and authorizing the City Manager or his designee to execute the Agreements.

CITY MANAGER; Forrest Ebbs, 209-577-9149, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-484 approving the Award of Proposals and Agreements for consultant support with state advocacy services to Townsend Public Affairs, Newport Beach, CA, for a two (2) year Agreement with three (3) one-year extension options, for an annual estimated amount of $60,000, and a total amount not to exceed $300,000 over five years, and approving an Agreement for consultant support with federal advocacy services to Van Scoyoc and Associates, Washington, DC for a two (2) year Agreement with three (3) one-year extension options, for an annual estimated amount of $90,000, and for a total amount not to exceed $450,000 over five years; and authorizing the City Manager or his designee to execute the Agreements.

Consent

9. Consider approving the acceptance of the Fiscal Year 2023-2024 Cal Fire Volunteer Fire Capacity (VFC) Program Grant Award in the amount of $40,000, which includes a 50% Local Match, for the Procurement of Wildland Firefighting Equipment. (Funding Source: General Fund)
 Resolution approving the acceptance of the Fiscal Year 2023-2024 Cal Fire Volunteer Fire Capacity (VFC) Program Grant Award in the amount of #6..
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$40,000, which includes a 50% Local Match, for the Procurement of Wildland Firefighting Equipment and authorizing the City Manager, or his designee, to execute the grant Agreement.

FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-485 approving the acceptance of the Fiscal Year 2023-2024 Cal Fire Volunteer Fire Capacity (VFC) Program Grant Award in the amount of $40,000, which includes a 50% Local Match, for the Procurement of Wildland Firefighting Equipment and authorizing the City Manager, or his designee, to execute the grant Agreement.

Consent

10. Consider approving the First Amendment with BrightView Golf Maintenance, Inc., in partnership with KemperSports Management for Golf Management and Maintenance Services, increasing the annual payment by $412,148 for a revised total not to exceed $13,987,536, and extending the term of the Agreement to December 31, 2025. (Funding Source: Golf Fund)
 Resolution approving the First Amendment with BrightView Golf Maintenance, Inc., in partnership with KemperSports Management for Golf Management and Maintenance Services, increasing the annual payment by $412,148 for a revised total not to exceed $13,987,536, and extending the term of the Agreement to December 31, 2025.

PRN; Laurie A. Smith, 209-577-5437, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-486 approving the First Amendment with BrightView Golf Maintenance, Inc., in partnership with KemperSports Management for Golf Management and Maintenance Services, increasing the annual payment by $412,148 for a revised total not to exceed $13,987,536, and extending the term of the Agreement to December 31, 2025.

Removed from Agenda – Continued to a future meeting.

Consent

11. Consider approving an Agreement with Verde Design, Inc. to prepare construction documentation for the Mary E. Grogan Park Synthetic Turf Replacement project for a total amount not to exceed $88,000. (Funding Source: American Rescue Plan Act)  Resolution approving an Agreement with Verde Design, Inc. to prepare construction documentation for the Mary E. Grogan Park Synthetic Turf Replacement Project for a total amount of $80,000, plus $8,000 for additional services, if needed, for an Agreement total not to exceed $88,000 and authorizing the City Manager, or his designee, to execute the Agreement.

PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: Removed from Agenda – Continued to a future meeting. #6..
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11/7/2023 5:30:00 PM
Consent

12. Consider approving the purchase of restroom buildings for Graceada Park, Mark Twain Park, and Robertson Road Park from Public Restroom Company, of Minden, NV, for a total amount not to exceed $1,078,867. (Funding Source: Measure H)  Resolution approving the Competitive Bidding Process from Sourcewell with Public Restroom Company, of Minden, NV, for the Purchase, Delivery, and Installation of Restroom Buildings for Graceada Park, Mark Twain Park, and Robertson Road Park, for a total amount of $980,788, plus $98,079 of contingency, if needed, for a total amount not to exceed $1,078,867, and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.

PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: (Wright/Ricci; 7/0) Resolution 2023-487 approving the Competitive Bidding Process from Sourcewell with Public Restroom Company, of Minden, NV, for the Purchase, Delivery, and Installation of Restroom Buildings for Graceada Park, Mark Twain Park, and Robertson Road Park, for a total amount of $980,788, plus $98,079 of contingency, if needed, for a total amount not to exceed $1,078,867, and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.

Consent

13. Consider approving the Plans and Specifications for the Claus Road and Scenic Drive Signal Coordination, CML 5059(245) & CML 5059(246) Project, accepting the bid, and awarding a contract to Tennyson Electric, LLC of Livermore, CA in the amount of $798,200, and a 10 percent contingency amount of $79,820 for a total amount not to exceed $878,020. (Funding Source: Congestion Mitigation and Air Quality and Measure L Funds)
 Resolution approving the Plans and Specifications for the Claus Road and Scenic Drive Signal Coordination, CML 5059(245) & CML 5059(246) Project, accepting the bid, and awarding a contract to Tennyson Electric, LLC of Livermore, CA, in the amount of $798,200, and a 10 percent contingency amount of $79,820 for a total amount not to exceed $878,020 and authorizing the City Manager, or his designee, to execute the Agreement.  Resolution amending the Fiscal Year 2023-2024 Capital Improvement Program (CIP) budget, projects #101322 and #101323 in the amount of $310,000 and increasing the transfer from the Measure L – Local Road Tax Fund to fund the projects, and authorizing the City Manager or his designee, to implement the provisions of this resolution.

PUBLIC WORKS; Mark Murphy, 209-577-5431, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-488 approving the Plans and Specifications for the Claus Road and Scenic Drive Signal Coordination, CML 5059(245) & CML 5059(246) Project, accepting the bid, and awarding a contract to Tennyson Electric, LLC of Livermore, CA, in the amount of $798,200, and a 10 percent contingency amount of $79,820 for a total amount not to exceed $878,020 and authorizing the City Manager, or his designee, to execute the Agreement. #6..
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ACTION: (Wright/Ricci; 7/0) Resolution 2023-489 amending the Fiscal Year 2023- 2024 Capital Improvement Program (CIP) budget, projects #101322 and #101323 in the amount of $310,000 and increasing the transfer from the Measure L – Local Road Tax Fund to fund the projects, and authorizing the City Manager or his designee, to implement the provisions of this resolution.

Consent

14. Consider accepting the Plans and Specifications for the Regional Water Recycling Facility - Sutter Campus Parking Lot and Security Upgrade Project and Awarding a Construction Contract to George Reed, Inc., of Modesto, CA, in an amount not to exceed $7,272,462 and approving an Engineering Support During Construction Agreement with West Yost Associates, of Sacramento, CA, in an amount not to exceed $220,767. (Funding Source: Wastewater Fund)
 Resolution approving Plans and Specifications for the Regional Water Recycling Facility - Sutter Campus Parking Lot and Security Upgrade Project and awarding a Construction Contract to George Reed, Inc., of Modesto, CA, in the amount of $6,323,880 plus $948,582 in Contingency (if needed), for a total amount not to exceed $7,272,462 and authorizing the City Manager, or his designee, to execute the Contract.
 Resolution authorizing an increase in the Director’s Authority to issue change orders for the Regional Water Recycling Facility - Sutter Campus Parking Lot and Security Upgrade Project from 10% ($632,388) to 15% ($948,582) of the Construction Contract amount of $6,323,880 with George Reed, Inc., of Modesto, CA.
 Resolution approving an Agreement with West Yost Associates, of Sacramento, CA, for Engineering Support During Construction for the Regional Water Recycling Facility - Sutter Campus Parking Lot and Security Upgrade Project, in the amount of $200,697 for the identified scope of services, plus $20,070 for additional services (if needed), for a total amount not to exceed $220,767 and authorizing the City Manager, or his designee, to execute the Agreement.  Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $2,967,790 to fund the Construction Phase of the Regional Water Recycling Facility - Sutter Campus Parking Lot and Security Upgrade Project and authorizing the City Manager, or his designee, to implement the provisions of this resolution.

UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-490 approving Plans and Specifications for the Regional Water Recycling Facility - Sutter Campus Parking Lot and Security Upgrade Project and awarding a Construction Contract to George Reed, Inc., of Modesto, CA, in the amount of $6,323,880 plus $948,582 in Contingency (if needed), for a total amount not to exceed $7,272,462 and authorizing the City Manager, or his designee, to execute the Contract.
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ACTION: (Wright/Ricci; 7/0) Resolution 2023-491 authorizing an increase in the Director’s Authority to issue change orders for the Regional Water Recycling Facility - Sutter Campus Parking Lot and Security Upgrade Project from 10% ($632,388) to 15% ($948,582) of the Construction Contract amount of $6,323,880 with George Reed, Inc., of Modesto, CA.

ACTION: (Wright/Ricci; 7/0) Resolution 2023-492 approving an Agreement with West Yost Associates, of Sacramento, CA, for Engineering Support During Construction for the Regional Water Recycling Facility - Sutter Campus Parking Lot and Security Upgrade Project, in the amount of $200,697 for the identified scope of services, plus $20,070 for additional services (if needed), for a total amount not to exceed $220,767 and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: (Wright/Ricci; 7/0) Resolution 2023-493 amending the Fiscal Year 2023- 24 Capital Improvement Program Budget in the amount of $2,967,790 to fund the Construction Phase of the Regional Water Recycling Facility - Sutter Campus Parking Lot and Security Upgrade Project and authorizing the City Manager, or his designee, to implement the provisions of this resolution.

Consent

15. Consider approving a Sole Source Agreement with Hach Company, Loveland, CO for Nitrate Analyzer Equipment and Field Services, for a total amount not to exceed $530,000 over three years. (Funding Source: Water Fund)  Resolution approving the sole source Agreement with Hach Company, Loveland, CO for Nitrate Analyzer Equipment and Field Services for a threeyear Agreement for a total amount not to exceed $530,000, and authorizing the City Manager, or his designee to execute the Agreement.

UTILITIES; Manuel Martinez, 209-342-4592, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-494 approving the sole source Agreement with Hach Company, Loveland, CO for Nitrate Analyzer Equipment and Field Services for a three-year Agreement for a total amount not to exceed $530,000, and authorizing the City Manager, or his designee to execute the Agreement.

COUNCIL COMMENTS & REPORTS
Vice Mayor Ricci expressed his optimism about the recent developments in Modesto, including new businesses like the Intermission and the Goat Bar and Grill. He highlighted upgrades in City parks and stressed the importance of addressing traffic safety.

Councilmember Williams mentioned his attendance at various cultural events, including celebrations of Latino and Indian cultures. He also congratulated Councilmember Rosa EscutiaBraaton on her role and know she will represent the City well. #6..
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Councilmember Bavaro reported on infrastructure upgrades in District 4, including water and sewer improvements and road repairs. He acknowledged the positive impact of Measure H on the City.

Councilmember Escutia-Braaton expressed gratitude for her new role as President of the League of California Cities, Central Valley Division. She also shared her participation in cultural events celebrating Latino and Indian communities and looked forward to the Veterans Day Parade.

Councilmember Alvarez spoke about the new plans for Cesar Chavez Park and the retention of important programs like boxing and other new programs. He mentioned his support for recognizing the lowrider community's cultural contributions.

Mayor Zwahlen commented on her recent speaking engagement at Bristol Hospice, where she discussed hope and grief. She also mentioned her participation in an event discussing female leadership and the film "Golda" about Golda Meir.

CITY MANAGER COMMENTS & REPORTS
None.

HEARINGS
Published in the Modesto Bee on October 17, 2023.

16. Hearing to consider an Ordinance amending the Modesto Municipal Code to adhere to State Regulations regarding Emergency Shelter and Low-Barrier Navigation Centers, including definition updates and identifying zones where these uses will be allowed by ministerial approval. (Funding Source: General Fund)
 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).

CED; Diana Lowrance, 209-577-5302, [email protected] ACTION: (Wright/Williams; 7/0) 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). #6..
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11/7/2023 5:30:00 PM
Recess 7:24 p.m.

Reconvene 7:32 p.m.
(Recusals from Councilmember Williams, Wright and Mayor Zwahlen) Published in the Modesto Bee on October 17, 2023.

17. 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 multi-family residential uses in addition to existing uses. (Funding Source: General Fund)
 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 multi-family residential uses in addition to existing uses.

CED; Michael Hren, 577-5273, [email protected]
ACTION: (Escutia-Braaton/Bavaro; 4/0) 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.

ACTION: (Alvarez/Escutia-Braaton; 4/0) 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.

ACTION: (Bavaro/Alvarez; 4/0) 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.

ACTION: (Escutia-Braaton/Alvarez; 4/0) Motion introducing and waiving the first reading of an Ordinance amending Planned Developments in the McHenry, Sisk, Oakdale, and Yosemite commercial corridors to allow multi-family residential uses in addition to existing uses.
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NEW BUSINESS

18. 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)
 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 MultiYear 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.

CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Bavaro/Alvarez; 7/0) Resolution 2023-495 authorizing the City Manager, or his designee, to solicit proposals for Bridge Housing sites and allocating $3,000,000 for potential projects.

ACTION: (Bavaro/Alvarez; 7/0) Resolution 2023-496 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.

ACTION: (Bavaro/Alvarez; 7/0) Resolution 2023-497 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.

MATTERS TOO LATE FOR THE AGENDA
None.

ADJOURNMENT
This meeting adjourned at 8:51 pm.
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Closed Session Matters Heard Prior to the Meeting

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
Attest:____________________________
Diane Nayares-Perez, City Clerk
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ORDINANCE NO. 3771-C.S.

EFFECTIVE DATE: December 14, 2023
ORDINANCE NO. 3771-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 #7..
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ORDINANCE NO. 3771-C.S.

EFFECTIVE DATE: December 14, 2023
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, 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 #7..
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ORDINANCE NO. 3771-C.S.

EFFECTIVE DATE: December 14, 2023
(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) 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:
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ORDINANCE NO. 3771-C.S.

EFFECTIVE DATE: December 14, 2023

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 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 #7..
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ORDINANCE NO. 3771-C.S.

EFFECTIVE DATE: December 14, 2023
(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-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.
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ORDINANCE NO. 3771-C.S.

EFFECTIVE DATE: December 14, 2023
(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 MUP
MU-H P-O C1
C-2 C-3 CM 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)

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
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ORDINANCE NO. 3771-C.S.

EFFECTIVE DATE: December 14, 2023
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
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ORDINANCE NO. 3771-C.S.

EFFECTIVE DATE: December 14, 2023
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
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
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ORDINANCE NO. 3771-C.S.

EFFECTIVE DATE: December 14, 2023
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. #7..
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ORDINANCE NO. 3771-C.S.

EFFECTIVE DATE: December 14, 2023
(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,
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ORDINANCE NO. 3771-C.S.

EFFECTIVE DATE: December 14, 2023
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, 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, #7..
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ORDINANCE NO. 3771-C.S.

EFFECTIVE DATE: December 14, 2023
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 Wright, who moved its introduction and passage to print, which motion being duly seconded by Councilmember Williams, was upon roll call carried and ordered printed and published by the following vote:

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

By: _________________________________
DIANE NAYERES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

By: _________________________________
JOSE M. SANCHEZ, City Attorney
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- 13 - ORDINANCE NO. 3771-C.S.

EFFECTIVE DATE: December 14, 2023

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 14th day of November, 2023, Councilmember De 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: Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED: ________________________

SUE ZWAHLEN, MAYOR
ATTEST: ___________________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: December 14, 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 #7..
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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)

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
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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)

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 #7..
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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
ORDINANCE NO. 3771-C.S. through 3775-C.S.

The following Ordinances were introduced by the City Council of the City of Modesto at the meeting of November 7, 2023:

ORDINANCE NO. 3771-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
ORDINANCE NO. 3772-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
ORDINANCE NO. 3773-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
ORDINANCE NO. 3774-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.

ORDINANCE NO. 3775-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
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Copies of the above-mentioned ordinance are posted at the following locations:
 Tenth Street Place, 1010 10th Street
 Maddux Youth Center, 615 Sierra Drive
 Senior Citizen Center, 211 Bodem Street
Diane Nayares-Perez
City Clerk
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- 1 - ORDINANCE NO. 3772-C.S.

EFFECTIVE DATE: December 14, 2023
ORDINANCE NO. 3772-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 under-developed) 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 #8..
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EFFECTIVE DATE: December 14, 2023
transit) while providing regulations to protect the 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:
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EFFECTIVE DATE: December 14, 2023

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 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 multifamily 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 #8..
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EFFECTIVE DATE: December 14, 2023
Commercial) for commercial uses; and as the equivalent to the R-3 (Medium-High Density Residential) for high density residential uses, as modified herein. 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
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EFFECTIVE DATE: December 14, 2023
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
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EFFECTIVE DATE: December 14, 2023
Cemetery - See Section 10-7.103 b 3
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
Medical P See Section 10-2.160
Outdoor Sales and Activities
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EFFECTIVE DATE: December 14, 2023
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
-
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 Unattended Containers no more than 50 SF
area (in residential zones w/ school, church,
or government use)
- See Section 10-3.215 a
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EFFECTIVE DATE: December 14, 2023
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
Self Storage -
Sign Painting Shop P
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EFFECTIVE DATE: December 14, 2023
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)
-
Residential Care Facility
(7 or more persons)
-
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EFFECTIVE DATE: December 14, 2023
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:

Chemical Products (Hazardous) -
Explosives -
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EFFECTIVE DATE: December 14, 2023
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 -
Winery -
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EFFECTIVE DATE: December 14, 2023
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.
10-7.604 Mixed-Use Zone Development Standards
Table 7.6-2 Mixed Use – Pedestrian Oriented (MU-P) Development Standards #8..
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EFFECTIVE DATE: December 14, 2023
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)
Not adjacent to
Residential Zone
0-ft.

One-Story Portion 10 to 40-ft.

Building
Adjacent to
Residential Zone1
Two-Story Portion 20 to 40-ft.

See Section 10-4.203
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. #8..
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EFFECTIVE DATE: December 14, 2023
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
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
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EFFECTIVE DATE: December 14, 2023
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.

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.
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EFFECTIVE DATE: December 14, 2023
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. #8..
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EFFECTIVE DATE: December 14, 2023
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 EscutiaBraaton, who moved its introduction and passage to print, which motion being duly seconded by Councilmember Bavaro, was upon roll call carried and ordered printed and published by the following vote:

AYES: Councilmembers: Alvarez, Bavaro, Escutia-Braaton, Ricci NOES: Councilmembers: None
RECUSED: Councilmembers: Williams, Wright, Mayor Zwahlen APPROVED: _____________________________
SUE ZWAHLEN, Mayor
ATTEST:

By: _________________________________
DIANE NAYERES-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
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EFFECTIVE DATE: December 14, 2023

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 14th day of November, 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: Alvarez, Bavaro, Escutia-Braaton, Ricci NOES: Councilmembers: None
RECUSED: Councilmembers: Williams, Wright, Mayor Zwahlen APPROVED: ________________________

SUE ZWAHLEN, MAYOR
ATTEST: ___________________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: December 14, 2023
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CITY OF MODESTO
ORDINANCE NO. 3771-C.S. through 3775-C.S.

The following Ordinances were introduced by the City Council of the City of Modesto at the meeting of November 7, 2023:

ORDINANCE NO. 3771-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
ORDINANCE NO. 3772-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
ORDINANCE NO. 3773-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
ORDINANCE NO. 3774-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.

ORDINANCE NO. 3775-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
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Copies of the above-mentioned ordinance are posted at the following locations:
 Tenth Street Place, 1010 10th Street
 Maddux Youth Center, 615 Sierra Drive
 Senior Citizen Center, 211 Bodem Street
Diane Nayares-Perez
City Clerk
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EFFECTIVE DATE: December 14, 2023
ORDINANCE NO. 3773-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 under-developed) 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 #9..
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EFFECTIVE DATE: December 14, 2023
transit) while providing regulations to protect the 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:
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EFFECTIVE DATE: December 14, 2023

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 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 multifamily 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 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.

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 Highway Oriented (MU-H) zone, the MU-H zone shall be considered as the equivalent to the C-3 (Highway #9..
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EFFECTIVE DATE: December 14, 2023
Commercial) for commercial uses; and as the equivalent to the R-3 (Medium-High Density Residential) for high density residential uses, as modified herein. 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
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EFFECTIVE DATE: December 14, 2023
Lodging and Boarding (4 or more
persons, 1 dwelling)
- See Section 10-3.208
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
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EFFECTIVE DATE: December 14, 2023
Cemetery - See Section 10-7.103 b 3
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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EFFECTIVE DATE: December 14, 2023
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 #9..
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EFFECTIVE DATE: December 14, 2023
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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EFFECTIVE DATE: December 14, 2023
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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EFFECTIVE DATE: December 14, 2023
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 -
Natural Gas and Gas Products -
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EFFECTIVE DATE: December 14, 2023
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 -
Winery -
Recycling Facilities
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EFFECTIVE DATE: December 14, 2023
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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EFFECTIVE DATE: December 14, 2023
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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EFFECTIVE DATE: December 14, 2023
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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EFFECTIVE DATE: December 14, 2023
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 #9..
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EFFECTIVE DATE: December 14, 2023
provisions of Sections 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.

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. #9..
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EFFECTIVE DATE: December 14, 2023
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 Alvarez, who moved its introduction and passage to print, which motion being duly seconded by Councilmember Escutia-Braaton, was upon roll call carried and ordered printed and published by the following vote:

AYES: Councilmembers: Alvarez, Bavaro, Escutia-Braaton, Ricci NOES: Councilmembers: None
RECUSED: Councilmembers: Williams, Wright, Mayor Zwahlen APPROVED: _____________________________
SUE ZWAHLEN, Mayor
ATTEST:

By: _________________________________
DIANE NAYERES-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
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ORDINANCE NO. 3773-C.S.

EFFECTIVE DATE: December 14, 2023

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 14th day of November, 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: Alvarez, Bavaro, Escutia-Braaton, Ricci NOES: Councilmembers: None
RECUSED: Councilmembers: Williams, Wright, Mayor Zwahlen APPROVED: ________________________

SUE ZWAHLEN, MAYOR
ATTEST: ___________________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: December 14, 2023
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CITY OF MODESTO
ORDINANCE NO. 3771-C.S. through 3775-C.S.

The following Ordinances were introduced by the City Council of the City of Modesto at the meeting of November 7, 2023:

ORDINANCE NO. 3771-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
ORDINANCE NO. 3772-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
ORDINANCE NO. 3773-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
ORDINANCE NO. 3774-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.

ORDINANCE NO. 3775-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
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Copies of the above-mentioned ordinance are posted at the following locations:
 Tenth Street Place, 1010 10th Street
 Maddux Youth Center, 615 Sierra Drive
 Senior Citizen Center, 211 Bodem Street
Diane Nayares-Perez
City Clerk
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- 1 - ORDINANCE NO. 3774-C.S.

EFFECTIVE DATE: December 14, 2023
ORDINANCE NO. 3774-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 #10..
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EFFECTIVE DATE: December 14, 2023
adopt housing plans called housing 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 multi-family 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, CODE23-003; 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 #10..
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EFFECTIVE DATE: December 14, 2023
requirements by implementing the actions outlined in the draft 6th Cycle Housing Element, and
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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EFFECTIVE DATE: December 14, 2023
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 multifamily 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, #10..
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EFFECTIVE DATE: December 14, 2023
110-007-062, 110-007-063, 110-007-064, 110-007-065, 110-007-066, 110-007-067, 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
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EFFECTIVE DATE: December 14, 2023
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, 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. #10..
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EFFECTIVE DATE: December 14, 2023
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, 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. #10..
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EFFECTIVE DATE: December 14, 2023
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 Bavaro, who moved its introduction and passage to print, which motion being duly seconded by Councilmember Alvarez, was upon roll call carried and ordered printed and published by the following vote:

AYES: Councilmembers: Alvarez, Bavaro, Escutia-Braaton, Ricci NOES: Councilmembers: None
RECUSED: Councilmembers: Williams, Wright, Mayor Zwahlen APPROVED: _____________________________
SUE ZWAHLEN, Mayor
ATTEST:

By: _________________________________
DIANE NAYERES-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
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EFFECTIVE DATE: December 14, 2023

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 14th day of November, 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: Alvarez, Bavaro, Escutia-Braaton, Ricci NOES: Councilmembers: None
RECUSED: Councilmembers: Williams, Wright, Mayor Zwahlen APPROVED: ________________________

SUE ZWAHLEN, MAYOR
ATTEST: ___________________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: December 14, 2023
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CITY OF MODESTO
ORDINANCE NO. 3771-C.S. through 3775-C.S.

The following Ordinances were introduced by the City Council of the City of Modesto at the meeting of November 7, 2023:

ORDINANCE NO. 3771-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
ORDINANCE NO. 3772-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
ORDINANCE NO. 3773-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
ORDINANCE NO. 3774-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.

ORDINANCE NO. 3775-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
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Copies of the above-mentioned ordinance are posted at the following locations:
 Tenth Street Place, 1010 10th Street
 Maddux Youth Center, 615 Sierra Drive
 Senior Citizen Center, 211 Bodem Street
Diane Nayares-Perez
City Clerk
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EFFECTIVE DATE: December 14, 2023
ORDINANCE NO. 3775-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 #11..
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EFFECTIVE DATE: December 14, 2023
adopt housing plans called housing 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 #11..
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EFFECTIVE DATE: December 14, 2023
previously 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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EFFECTIVE DATE: December 14, 2023
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
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EFFECTIVE DATE: December 14, 2023
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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EFFECTIVE DATE: December 14, 2023
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 community’s objectives as set forth in the General Plan and any #11..
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EFFECTIVE DATE: December 14, 2023
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:

1. The requested change will not be detrimental to the public health, safety, or welfare because providing additional sites where #11..
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EFFECTIVE DATE: December 14, 2023
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. 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., 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., #11..
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EFFECTIVE DATE: December 14, 2023
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 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. #11..
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- 10 - ORDINANCE NO. 3774-C.S.

EFFECTIVE DATE: December 14, 2023
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. #11..
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- 11 - ORDINANCE NO. 3774-C.S.

EFFECTIVE DATE: December 14, 2023
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 EscutiaBraaton, who moved its introduction and passage to print, which motion being duly seconded by Councilmember Alvarez, was upon roll call carried and ordered printed and published by the following vote:

AYES: Councilmembers: Alvarez, Bavaro, Escutia-Braaton, Ricci NOES: Councilmembers: None
RECUSED: Councilmembers: Williams, Wright, Mayor Zwahlen APPROVED: _____________________________
SUE ZWAHLEN, Mayor
ATTEST:

By: _________________________________
DIANE NAYERES-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
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- 12 - ORDINANCE NO. 3775-C.S.

EFFECTIVE DATE: December 14, 2023

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 14th day of November, 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: Alvarez, Bavaro, Escutia-Braaton, Ricci NOES: Councilmembers: None
RECUSED: Councilmembers: Williams, Wright, Mayor Zwahlen APPROVED: ________________________

SUE ZWAHLEN, MAYOR
ATTEST: ___________________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: December 14, 2023
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CITY OF MODESTO
ORDINANCE NO. 3771-C.S. through 3775-C.S.

The following Ordinances were introduced by the City Council of the City of Modesto at the meeting of November 7, 2023:

ORDINANCE NO. 3771-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
ORDINANCE NO. 3772-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
ORDINANCE NO. 3773-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
ORDINANCE NO. 3774-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.

ORDINANCE NO. 3775-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
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Copies of the above-mentioned ordinance are posted at the following locations:
 Tenth Street Place, 1010 10th Street
 Maddux Youth Center, 615 Sierra Drive
 Senior Citizen Center, 211 Bodem Street
Diane Nayares-Perez
City Clerk
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 14, 2023
Date: October 17, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Amendment to Section 5 Emergency Solutions Grant Program Policies and Adoption Uniform Relocation Assistance and Real Property Acquisition (URA) Policy
CONTACT: Edgar Garcia, Housing and Urban Development Supervisor [email protected], 209-577-5211
DESCRIPTION:

Consider amending Section 5 Policy- “Emergency Solutions Grant Program Policies” and adopting Section 19 “Uniform Relocation Assistance and Real Property Acquisition Policies (URA)” of the Housing and Urban Development Policies and Procedures Manual. (Funding Sources: Various funds)
STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto’s 2020-2025 Strategic Plan Goal C – Develop Homelessness and Housing Plan, specifically focusing on the aspect of ensuring fair and just treatment during property acquisition and relocation processes.

BACKGROUND:

The City is an entitlement jurisdiction and receives various grant funding to address housing and homelessness from State and Federal sources. To be eligible to receive the funding the City is required to have updated Policies and Procedures related to the use and oversight of the funding.

In October 2016, by Resolution No. 2016-476 the Council adopted a Housing and Urban Development Policies & Procedures Manual (HUD Manual). This document consolidates HUD related policies and procedures for funding received by the City’s Community Development Division to serve affordable housing and homelessness needs in the community. The federal government periodically makes policy amendments requiring jurisdictions to amend their policies to reflect those changes. As such, the City is amending its HUD Manual to capture a Uniform Relocation Assistance policy and amended Emergency Solutions Grant policies. #12..
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City Council, November 14, 2023
Amendment to Section 5 Emergency Solutions Grant Program Policies and Adoption of URA Policy

DISCUSSION:

HUD provides funding to the City for various programs and projects, including those related to housing, homelessness, and community development. Policies and procedures are added and updated as necessary to ensure compliance with State and Federal Regulations. Amending Section 5 and adopting Section 19 will ensure compliance with these funding requirements.

The Emergency Solutions Grant (ESG), as authorized by Subtitle B of Title IV of the McKinneyVento Homeless Assistance Act (42 U.S.C. 11371-11378) and regulated by 24 CFR Part 576, provides federal funds from the U.S. Department of Housing and Urban Development (HUD) to the City of Modesto to support local programs in assisting individuals and families to quickly regain stability after experiencing a housing instability or homelessness.

Section 5 Emergency Solutions Grant Program Policies of the manual provides standards and guidance established by HUD and the City of Modesto for subrecipients receiving ESG funding.

The standards described in the manual include both general standards applicable to all ESGfunded program components as well as component-specific standards.

Amending Section 5 of the manual will provide a framework to monitor ESG subrecipients that engage in housing and homeless activities within the City to ensure compliance with applicable statutory and regulatory requirements and standards as well as the City’s strategic goals.

Key updates of the ESG Program Polices include but are not limited to:
 Equitable Practices: Subrecipients must respond to the disproportionality in access to services, service provision, and outcomes and cannot simply rely on delivering a standardization of services to address inequity. Subrecipients have the responsibility to examine their data to ensure all eligible persons receive equitable services, support and are served with dignity, respect, and compassion regardless of circumstance, ability, or identity.
 Applicability of Violence Against Women Act (VAWA) Protections: Outlines the core statutory protections of VAWA that prohibit denial or termination of assistance or eviction solely because an applicant or tenant is a victim of domestic violence, dating violence, sexual assault, or stalking applied upon enactment of VAWA 2013 on March 7, 2013.
 System and Project Performance: General performance measures have been established by the City for each program component. Performance measures are based on applicable system and project-level goals established by HUD for the ESG program and City strategic priorities. The following criteria will be used to measure the performance of Subrecipients’ ESG funded Programs:
 The length of time individuals and families remain homeless. Meeting this criterion will be based on demonstrating a reduction of the average and median length of time persons enrolled in emergency shelter, transitional housing, or safe haven projects experience homelessness.
 The thoroughness of subrecipients in reaching homeless individuals and families. Meeting this criterion will be based on narrative #12..
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City Council, November 14, 2023
Amendment to Section 5 Emergency Solutions Grant Program Policies and Adoption of URA Policy

question(s) about the program's, geographic coverage of the community, and the program’s street outreach efforts.
 Successful placement from street outreach. Meeting this criterion will be based on demonstrating an increase in the percent of persons served in street outreach projects who exit to emergency shelter, safe haven, transitional housing, or permanent housing destinations.  Successful housing placement to or retention in a permanent housing destination. Meeting this criterion will be based on demonstrating an increase in the percent of persons served in emergency shelter, safe haven, transitional housing, or rapid re-housing projects who exit to permanent housing destinations and persons served in permanent housing projects who retain permanent housing or exit to permanent housing destinations.

The 2023-2024 fiscal year will be used to establish baseline data and gather information about a subrecipients performance to evaluate and provide support to ensure each ESG funded program satisfies the required metrics.
 Confidentiality and Personal Identifying Information: Subrecipients must develop confidentiality policies and procedures in writing to keep confidential every ESG applicant’s or participant’s personally identifiable information (PII) they receive for any reason, including participant housing locations/addresses, as well as the locations/addresses of any domestic violence shelters.

Uniform Relocation Act (URA)
Federally funded initiatives often involve real property acquisitions and may require the displacement of individuals and businesses. To ensure the fair treatment of those affected, the URA was enacted to establish uniform procedures and guidelines for the relocation and assistance process.

The URA aims to protect the rights and interest of displaced persons by providing fair compensation for their property, assistance in finding comparable replacement housing, and support in transitioning to new communities based on the needs of those being displaced. Compliance with the URA is mandatory for recipients of federal and state funding, and failure to adhere to its requirements may result in the suspension this funding.

Adopting the URA policy and procedures will provide a framework for the City of Modesto, in conjunction with similar requirements in California law, to carry out and monitor funding recipients that engage in property acquisition and relocation activities with City of Modesto funding in accordance with the URA regulations. Key provisions of the URA include but are not limited to:
 Advisory Services: The URA requires the City or its subrecipient offer advisory services to displaced individuals and businesses, providing information about their rights and options throughout the relocation process. #12..
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City Council, November 14, 2023
Amendment to Section 5 Emergency Solutions Grant Program Policies and Adoption of URA Policy

 Relocation Assistance: The URA establishes criteria for determining eligibility and provides financial assistance to displaced persons, ensuring they receive fair compensation for their relocation expenses.  Comparable Replacement Dwelling: The URA guarantees displaced residential tenants are offered comparable replacement housing, which is decent, safe, and affordable.
 Business Relocation: The URA outlines procedures for relocating businesses, including reimbursement of actual and reasonable relocation expenses and assistance in reestablishing operations.
 Minimization of Displacement: The URA encourages the City to explore all reasonable alternatives to minimize displacement and to ensure no person or business is displaced unless suitable replacement options are available.

FISCAL IMPACT:

This policy is required by HUD to administer housing and homelessness related grants received by the City. This policy has no fiscal impact and will be disclosed as part of any related project being brought forward to Council.

COMMITTEE RECOMENDATION:

On October 12, 2023, the Citizens Housing and Community Development Committee met and approved amending Section 5 Policy- “Emergency Solutions Grant Program Policies”, and on July 13, 2023 the Citizens Housing and Community Development Committee met and approved adopting the Section 19 Policy- “Uniform Relocation Assistance and Real Property Acquisition” to the Housing and Urban Development Policies and Procedures Manual and forwarding to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution amending Section 5 Policy- Emergency Solutions Grant Program Policies and adopting Section 19 Policy- Uniform Relocation Assistance and Real Property Acquisition Policies of the Housing and Urban Development Policies and Procedures Manual.

Approved by:

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

1. Resolution
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City Council, November 14, 2023
Amendment to Section 5 Emergency Solutions Grant Program Policies and Adoption of URA Policy

2. Emergency Solutions Grant Program Policies

3. Section 19 Uniform Relocation Assistance and Real Property Acquisition (URA) #12..
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11/14/2023/CED/JHill/Item X 1 2023-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION AMENDING SECTION 5 POLICY- EMERGENCY SOLUTIONS GRANT PROGRAM POLICIES AND ADOPTING SECTION 19 POLICYUNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES OF THE HOUSING AND URBAN DEVELOPMENT

POLICIES AND PROCEDURES MANUAL
WHEREAS, the City of Modesto (the City) is an entitlement jurisdiction and receives various grant funding to address housing and homelessness from State and Federal sources, and
WHEREAS, to be eligible to receive the funding the City is required to have updated Policies and Procedures related to the use and oversight of the funding, and WHEREAS, in October 2016, by Resolution No. 2016-476 the Council adopted a Housing and Urban Development (HUD) Policies & Procedures Manual, and WHEREAS, this document consolidates HUD related policies and procedures for funding received by the City’s Community Development Division to serve affordable housing and homelessness, and
WHEREAS, HUD provides funding to the City for various programs and projects, including those related to housing, homelessness, and community development, and
WHEREAS, policies and procedures are added and updated as necessary to ensure compliance with State and Federal Regulations, and WHEREAS, amending Section 5 and adopting Section 19 will ensure compliance with these funding requirements, and
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11/14/2023/CED/JHill/Item X 2 2023-XX
WHEREAS, Section 5 Emergency Solutions Grant Program Policies of the manual provides standards and guidance established by HUD and the City of Modesto for subrecipients receiving ESG funding, and
WHEREAS, amending Section 5 of the manual will provide the framework to monitor ESG subrecipients that engage in housing and homeless activities within the City to ensure compliance with applicable statutory and regulatory requirements and standards as well as the City’s strategic goals, and
WHEREAS, subrecipients must have equitable practices and respond to the disproportionality in access to services, service provision, and outcomes and cannot simply rely on delivering a standardization of services to address inequity, and WHEREAS, system and project performances provide statutory protections of VAWA that prohibit denial or termination of assistance or eviction solely because an applicant or tenant is a victim of domestic violence, dating violence, sexual assault, or stalking applied upon enactment of VAWA 2013 on March 7, 2013, and WHEREAS, system and project performance measures have been established by the City for each program component based on applicable system and project-level goals established by HUD for the ESG program and City strategic priorities, and WHEREAS, subrecipients must develop confidentiality and personal identifying information policies and procedures in writing to keep confidential every ESG applicant’s or participant’s personally identifiable information (PII) they receive for any reason, including participant housing locations/addresses, as well as the locations/addresses of any domestic violence shelters, and #12..
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11/14/2023/CED/JHill/Item X 3 2023-XX
WHEREAS, federally funded initiatives often involve real property acquisitions and may require the displacement of individuals and businesses, and WHEREAS, to ensure the fair treatment of those affected, the Uniform Relocation Assistance and Real Property Acquisition (URA) was enacted to establish uniform procedures and guidelines for the relocation and assistance process, and WHEREAS, URA aims to protect the rights and interest of displaced persons by providing fair compensation for their property, assistance in finding comparable replacement housing, and support in transitioning to new communities based on the needs of those being displaced, and
WHEREAS, adopting the URA policy and procedures will provide a framework for the City of Modesto, in conjunction with similar California laws, to carry out and monitor funding recipients that engage in property acquisition and relocation activities with City’s federal and state funding in accordance with the URA regulations, and WHEREAS, URA requires the City or its subrecipient offer advisory services to displaced individuals and businesses, providing information about their rights and options throughout the relocation process, and
WHEREAS, URA establishes criteria for determining eligibility and provides financial assistance to displaced persons, ensuring they receive fair compensation for their relocation expenses, and
WHEREAS, URA guarantees that displaced residential tenants are offered comparable replacement housing, which is decent, safe, and affordable, and WHEREAS, URA outlines procedures for relocating businesses, #12..
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11/14/2023/CED/JHill/Item X 4 2023-XX
including reimbursement of actual and reasonable relocation expenses and assistance in reestablishing operations, and
WHEREAS, URA encourages the City to explore all reasonable alternatives to minimize displacement and to ensure that no person or business is displaced unless suitable replacement options are available.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby amends of Section 5 Emergency Solutions Grant Program Policies and adopts Section 19 Uniform Relocation Assistance and Real Property Acquisition Policies (URA) of the Housing and Urban Development Policies and Procedures Manual.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 14th 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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Section 5
Emergency Solutions Grant Program
Policies
City of Modesto
Community Development Division
1010 10th Street, Suite 3100, Modesto, CA 95354
(209) 577-5211, TDD 711
[email protected]
Committee: Citizens Housing and Community Development Committee Approved: October 19, 2016 City Council: Resolution No. 2016-476 Approved: December 6, 2016 Last Updated:

Committee: Citizens Housing and Community Development Committee Approved:

City Council: Resolution No. Approved:

These policies supersede any previously adopted policies and are subject to review and revision by the City of Modesto’s Citizens Housing and Community Development
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City of Modesto Emergency Solutions Grant Policies

1.0 Purpose And Overview:

1.1 The Emergency Solutions Grant (ESG), as authorized by authorized by subtitle B of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371-11378) and regulated by 24 CFR Part 576, provides federal funds from the U.S. Department of Housing and Urban Development (HUD) to the City to support local programs in assisting individuals and families to quickly regain stability in permanent housing after experiencing a housing crisis or homelessness.

1.1.1 ESG funds are available for five program components:

1.1.1.1 Street Outreach (SO)

1.1.1.2 Emergency Shelter (ES)

1.1.1.3 Homelessness Prevention (HP) Rapid Re-Housing (RRH)

1.1.1.4 ESG funds may also be used for administrative activities

1.2 This manual provides standards and guidance established by HUD and the City (City)for subrecipients receiving ESG funding from the City to ensure funds are administered in compliance with applicable statutory and regulatory requirements and standards as well as the City’s strategic goals. The standards described in this manual include both general standards applicable to all ESGfunded program components as well as component-specific standards. Unless otherwise noted, subrecipients have discretion to establish additional standards for ESG funding implementations so long as these standards do not conflict with Federal ESG regulations, this manual, and other City requirements, policies, standards, and grant contract stipulations.

1.3 This manual incorporates standards, policies, and procedures that ESG subrecipients should be familiar with and adhere to when implementing their programs, including but not limited to requirements established by HUD and additional requirements established by law, regulations, Notice of Funding Availability (NOFA), contract language, and the City’s Consolidated Plan. This manual provides guidance regarding the actions ESG subrecipients must take to be compliant with these requirements.

1.4 Each ESG subrecipient is required to develop project policies and procedures that govern their implementation of ESG funds. These policies and procedures should incorporate HUD requirements and the City’s ESG policies and procedures, including this manual, and may incorporate additional policy requirements or limitations as long as these do not conflict with HUD or City requirements.

Each ESG subrecipient and each subrecipient’s subrecipient (referred to herein as sub-subrecipients or contractors) should additionally develop detailed procedures as necessary to ensure that staff are consistently implementing the policies, procedures, and requirements laid out by HUD and the City.

2.0 Applicable Laws and Regulations:

2.1 The Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act revised the Emergency Shelter Grants program and renamed it the Emergency Solutions Grants (ESG) program.

The HEARTH Act broadened the emergency shelter and homelessness prevention activities of the Emergency Solutions Grants program beyond those of its predecessor program, the Emergency Shelter Grants program, and added short- and medium-term rental assistance and services to rapidly re-house persons experiencing homelessness. The change in the program’s name reflects the change in the program’s focus from addressing the needs of homeless people in emergency or transitional shelters to assisting people to quickly regain stability in permanent housing after #12..
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experiencing a housing crisis or becoming homeless.

2.1.1 ESG funds are available for the following purposes:

2.1.1.1 Street Outreach;

2.1.1.2 Emergency Shelter;

2.1.1.3 Rapid Re-housing;

2.1.1.4 Homelessness Prevention; and

2.1.1.5 Homeless Management Information System (HMIS).

2.1.2 ESG funds are available for the following purposes:

2.1.2.1 Engage homeless individuals and families living on the street;

2.1.2.2 Improve the number and quality of emergency shelters for homeless individuals and families;

2.1.2.3 Help operate these shelters;

2.1.2.4 Provide essential services to shelter residents;

2.1.2.5 Rapidly re-house homeless individuals and families; and

2.1.2.6 Prevent families/individuals from becoming homeless.

2.1.3 ESG funds may be used for costs of providing essential services necessary to reach out to unsheltered homeless people; connect them with emergency shelter, housing, or critical services; and provide urgent, non-facility-based care to unsheltered homeless people who are unwilling or unable to access emergency shelter, housing, or an appropriate health facility. For the purposes of this section, the term “unsheltered homeless people” means individuals and families who qualify as homeless under paragraph (1)(i) of the “homeless” definition under § 576.2.

2.1.4 The City receives ESG funds and may carry out the program directly and/or subgrant all or part of their ESG funds to private nonprofit organizations to carry out eligible program activities.

2.1.5 Emergency Solutions Grants are governed by following code of federal regulations: 24 CFR 576.400(a); 24 CFR 576.500(a); 24 CFR 576.400(e)(3); 24 CFR 576.401(a), (b), and (c); 24 CFR 576.500(a), (b), (c), and (e); 24 CFR 576.405(a); 24 CFR 576.405(b); 24 CFR 576.500(q); 24 CFR 576.406(e); 24 CFR 576.500(r); 24 CFR 576.406(e); 24 CFR 576.500(r).

2.2 Homeless Definitions 24 CFR § 576.2 Definitions:

2.2.1 At Risk of Homelessness is defined as:

2.2.1.1 An individual or family who:

2.2.1.1.1 Has an annual income below 30% of median family income for the area, as determined by HUD.

2.2.1.1.2 Does not have sufficient resources or support networks, e.g., family, friends faith-based or other social networks, immediately available to prevent them from moving to an emergency shelter or another place described in paragraph (1) of the “homeless” definition in 24 CFR 576.2; and

2.2.1.1.2.1 Meets one of the following conditions:

2.2.1.1.2.1.1 Has moved because of economic reasons two or more times during the 60 days immediately
preceding the application for homelessness
prevention assistance;

2.2.1.1.2.1.2 Is living in the home of another because of #12..
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economic hardship;

2.2.1.1.2.1.3 Has been notified in writing that their right to occupy their current housing or living situation will
be terminated within 21 days after the date of
application for assistance;

2.2.1.1.2.1.4 Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable
organizations or by Federal, State, or local
government programs for low-income individuals;

2.2.1.1.2.1.5 Lives in a single-room occupancy or efficiency apartment unit in which there reside more than
two persons or lives in a larger housing unit in
which there reside more than 1.5 persons reside
per room, as defined by the U.S. Census Bureau;

2.2.1.1.2.1.6 Is exiting a publicly funded institution, or system of care (such as a health-care facility, a mental health
facility, foster care or other youth facility, or
correction program or institution); or

2.2.1.1.2.1.7 Otherwise lives in housing that has characteristics associated with instability and an increased risk of
homelessness, as identified in the recipient's
approved consolidated plan;

2.2.1.1.3 A child or youth who does not qualify as “homeless” under this section, but qualifies as “homeless” under section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C. 5732a(3)), section 637(11) of the Head Start Act (42 U.S.C. 9832(11)), section 41403(6) of the Violence Against Women Act of 1994 (42 U.S.C. 14043e–2(6)), section 330(h)(5)(A) of the Public Health Service Act (42 U.S.C. 254b(h)(5)(A)), section 3(m) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(m)), or section 17(b)(15) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)(15)); or

2.2.1.1.4 A child or youth who does not qualify as “homeless” under this section, but qualifies as “homeless” under section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)), and the parent(s) or guardian(s) of that child or youth if living with her or him.

2.2.2 Consolidated Plan: is a plan prepared in accordance with 24 CFR part 91. An approved consolidated plan means a consolidated plan that has been approved by HUD in accordance with 24 CFR part 91.

2.2.3 Continuum of Care: is the group composed of representatives of relevant organizations, which generally includes nonprofit homeless providers; victim service providers; faithbased organizations; governments; businesses; advocates; public housing agencies; school districts; social service providers; mental health agencies; hospitals; universities; affordable housing developers; law enforcement; organizations that serve homeless and formerly homeless veterans, and homeless and formerly homeless persons that are #12..
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organized to plan for and provide, as necessary, a system of outreach, engagement, and assessment; emergency shelter; rapid re-housing; transitional housing; permanent housing; and prevention strategies to address the various needs of homeless persons and persons at risk of homelessness for a specific geographic area. Locally this group is the Community System of Care (CSOC).

2.2.4 Emergency Shelter: is 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.

2.3 Homeless is defined as:

2.3.1.1 An individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:

2.3.1.1.1 An individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground;

2.3.1.1.2 An individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, or local government programs for low-income individuals); or

2.3.1.2 An individual who is exiting an institution where he or she resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution;

2.3.1.2.1 An individual or family who will imminently lose their primary nighttime residence, provided that:

2.3.1.2.2 The primary nighttime residence will be lost within 14 days of the date of application for homeless assistance;

2.3.1.2.3 No subsequent residence has been identified; and

2.3.1.2.4 The individual or family lacks the resources or support networks, e.g., family, friends, faith-based or other social networks, needed to obtain other permanent housing;

2.3.1.3 Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition, but who:

2.3.1.3.1 Are defined as homeless under section 387 of the Runaway and Homeless Youth Act (42 U.S.C. 5732a), section 637 of the Head Start Act (42 U.S.C. 9832), section 41403 of the Violence Against Women Act of 1994 (42 U.S.C. 14043e–2), section 330(h) of the Public Health Service Act (42 U.S.C. 254b(h)), section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012), section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)) or section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a);

2.3.1.3.2 Have not had a lease, ownership interest, or occupancy agreement in permanent housing at any time during the 60 days immediately #12..
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preceding the date of application for homeless assistance;

2.3.1.3.3 Have experienced persistent instability as measured by two moves or more during the 60-day period immediately preceding the date of applying for homeless assistance; and

2.3.1.3.4 Can be expected to continue in such status for an extended period of time because of chronic disabilities, chronic physical health or mental health conditions, substance addiction, histories of domestic violence or childhood abuse (including neglect), the presence of a child or youth with a disability, or two or more barriers to employment, which include the lack of a high school degree or General Education Development (GED), illiteracy, low English proficiency, a history of incarceration or detention for criminal activity, and a history of unstable employment; or

2.3.1.3.5 Any individual or family who:

2.3.1.3.6 Is fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual or a family member, including a child, that has either taken place within the individual's or family's primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence;

2.3.1.3.7 Has no other residence; and lacks the resources or support networks, e.g., family, friends, faith-based or other social networks, to obtain other permanent housing.

2.3.2 Homeless Management Information System (HMIS): is the information system designated by the Continuum of Care to comply with the HUD's data collection, management, and reporting standards and used to collect client-level data and data on the provision of housing and services to homeless individuals and families and persons at-risk of homelessness.

2.3.3 Private Non-profit Organization: is a private nonprofit organization that is a secular or religious organization described in section 501(c) of the Internal Revenue Code of 1986 and which is exempt from taxation under subtitle A of the Code, has an accounting system and a voluntary board, and practices nondiscrimination in the provision of assistance. A private nonprofit organization does not include a governmental organization, such as a public housing agency or housing finance agency.

2.3.4 Program Income shall have the meaning provided in 2 CFR 200.80. Program income includes any amount of a security or utility deposit returned to the recipient or subrecipient.

2.3.5 Program Participant is an individual or family who is assisted under ESG program.

2.3.6 Program Year: is the consolidated program year established by the recipient under 24 CFR part 91.

2.3.7 Recipient: is any State, territory, metropolitan city, or urban county, or in the case of reallocation, any unit of general purpose local government that is approved by HUD to assume financial responsibility and enters into a grant agreement with HUD to administer assistance under this part.
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2.3.8 Subrecipient: is aprivate nonprofit organization to which a recipient makes available ESG funds.

2.3.9 Victim Service Provider: is a private nonprofit organization whose primary mission is to provide services to victims of domestic violence, dating violence, sexual assault, or stalking. This term includes rape crisis centers, battered women’s shelters, domestic violence transitional housing programs, and other programs.

3.0 Consultation With Continuum Of Care CFR 24 § 576.400:

3.1 Coordination with Other Targeted Homeless Services: The City will annually confirm that each subrecipient’s records reflect that it coordinated and integrated, to the maximum extent practicable, ESG-funded activities with the programs, including those listed under 24 CFR 576.400(b), that are targeted to homeless people in the area covered by the Continuum of Care (CoC) or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness for that area. [24 CFR 576.400(b); 24 CFR 576.500(m)]

3.2 System and Program Coordination with Mainstream Resources: The City will annually confirm subrecipient’s records reflect that it coordinated and integrated, to the maximum extent practicable, ESG-funded activities with mainstream housing, health, social services, employment, education, and youth programs for which homeless and at-risk persons might be eligible. [24 CFR 576.400©; 24 CFR 576.500(m)

3.3 Use of the Coordinated Assessment System: If the CoC for the area in which the program or project is located has established a coordinated assessment system that meets HUD’s requirements, the City will confirm their records show:

3.3.1 The subrecipient (unless it is a victim service provider) uses that assessment system; and

3.3.2 All initial evaluations were conducted in accordance with the coordinated assessment system requirements.

3.3.3 ESG-funded victim service providers may choose not to use the CoC’s coordinated assessment system. [24 CFR 576.400(d); 24 CFR 576.401(a); 24 CFR 576.500(g)

3.4 Coordinated Assessment (Consistency with Written Standards): The City will confirm each subrecipient works with the CoC to ensure that the screening, assessment, and referral of program participants are consistent with the ESG written standards required under 24 CFR 576.400(e) [24 CFR 576.400(d)].

4.0 Recordkeeping And Reporting Requirements 24 CFR § 576.500:

4.1 The recipient must have policies and procedures to ensure the requirements of those required by 2 CFR part 200 are met. The policies and procedures must be established in writing and implemented by the recipient and its subrecipients to ensure that ESG funds are used in accordance with the requirements. In addition, sufficient records must be established and maintained to enable the recipient and HUD to determine whether ESG requirements are being met in accordance with 24 CFR § 576.500. Subrecipients as outlined in Appendix B Homeless Definitions and Record Keeping Requirements and Criteria.

5.0 Recordkeeping (Record Retention)

5.1 Recordkeeping (Subrecipients): If applicable, the City will confirm the subrecipient retains copies of all solicitations of and agreements with its subrecipients; including records of all payment requests by and dates of payments made to subrecipients, and documentation of all monitoring and sanctions of subrecipients. [24 CFR 576.500(v)]

5.2 Recordkeeping (Contractors): If a subrecipient procured goods and services, the City records will #12..
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reflect that it did so in compliance with the Uniform Administrative Requirements, including the codes of conduct and conflict of interest requirements, and did the subrecipient retain copies of all procurement contracts [24 CFR 576.404(b); 24 CFR 84.40 – 84.48; 24 CFR 85.36 and 24 CFR 576.500(v)

6.0 Recordkeeping (Program Participant Eligibility)

6.1 Recordkeeping (Eligibility): Annually the City confirms each subrecipient’s records document that staff followed the recipient’s policies and procedures to:

6.1.1 Conduct an initial evaluation and re-evaluations as required, and

6.1.2 Document eligibility in accordance with HUD’s requirements. [24 CFR 576.400(e)(3); 24 CFR 576.401(a), (b), and (c); 24 CFR 576.500(a), (b), (c), and (e)].

6.2 Recordkeeping (Program Participant Records): Annually the City reviews subrecipient records ensure that each program participant documents are in compliance with applicable requirements for providing services and assistance to that program participant under the program components and eligible activities provisions at 24 CFR 576.101 through 24 CFR 576.106. [24 CFR 576.500(f)] Confidentiality: Annually the City confirms each subrecipient has written procedures to ensure confidentiality, including:

6.2.1 All records containing personally identifying information of any individual or family who applies for and/or receives ESG assistance are kept secure and confidential.

6.3 Personal Identifying Information: The ESG Program’s primary regulatory body is 24 CFR Part 576, the ESG Program Interim Rule and requires that recipients (e.g. City) and subrecipients (including ‘sub-subrecipients) ensure the following:

6.3.1.1 All records containing personal identifying information [PII] of any individual or family who applies for and/or receives ESG assistance will be kept secure and confidential;

6.3.1.2 The address or location of any domestic violence, dating violence, sexual assault, or stalking shelter project assisted under ESG will not be made public except with written authorization of the person responsible for the operation of the shelter.

6.3.1.3 The address or location of any housing of a program participant will not be made public, except as provided under a preexisting privacy policy of the recipient or subrecipient and consistent with state and local laws regarding privacy and obligations of confidentiality.

6.3.2 This requirement’s functional impact is recipients and subrecipients must develop confidentiality policies and procedures in writing to keep confidential every ESG applicant’s or participant’s personal identifiable information (PII) they receive for any reason, including participant housing locations/addresses, as well as the locations/addresses of any domestic violence shelters. Recipients and subrecipients should reference Appendix A Personal Identifying Information Policy for guidance that outlines the City’s PII requirements.

6.4 Recordkeeping (Record Retention): Annually the City confirms its subrecipients retain copies of the required records for the greater of 5 years or the applicable time period below:

6.4.1 For emergency shelters subject to a 10-year minimum period of use: will retain its records at least 10 years from the date that ESG funds were first obligated for the major rehabilitation or conversion of the building; or

6.4.2 For program participant files: records will be maintained at least 5 years after the expenditure of all funds from the grant under which the program participant was #12..
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served. [24 CFR 576.500(y)]

7.0 Homeless Participation (Local Governments)

7.1 The City will confirm each subrecipient involves homeless individuals and families, to the maximum extent practicable, in constructing, renovating, maintaining, and operating facilities assisted under ESG, in providing services assisted under ESG, and in providing services for occupants of facilities assisted under ESG (could include employment or volunteer services). [24 CFR 576.405(c)]

8.0 Non-Discrimination And Other Federal Requirements

8.1 Drug-Free Workplace: The City will confirm each subrecipient has a drug-free workplace statement per the requirements of 2 CFR part 2429. [24 CFR 5.105(d) and 24 CFR 576.407(a)]

8.2 Non-Discrimination, Section 504 of the Rehabilitation Act of 1973, and Other Equal Opportunity Requirements: the City records demonstrate that each subrecipient is in compliance with the applicable requirements in 24 CFR part 5, Subpart A, including the nondiscrimination and equal opportunity requirements at 24 CFR part 5.105(a). [24 CFR part 5, Subpart A; 24 CFR 576.407(a); 24 CFR 576.500.

8.3 Affirmative Outreach: The City and its subrecipients shall:

8.3.1 Make known that the use of the facilities, assistance, and services are available to all on a nondiscriminatory basis, and establish additional procedures, as required under 24 CFR 576.407(b), to ensure that the “target population” who may qualify are made aware of the availability of these facilities, assistance, or services; and

8.3.2 Take appropriate steps to ensure effective communication with persons with disabilities; and

8.3.3 Take reasonable steps to ensure meaningful access to programs and activities for limited English proficiency persons [24 CFR part 5, Subpart A; 24 CFR 576.407(b); 24 CFR 576.500(s)(1)]

8.4 Equitable Practices: Subrecipients must respond to the disproportionality in access to services, service provision, and outcomes and cannot simply rely on delivering a standardization of services to address inequity. Subrecipients have the responsibility to examine their data to ensure all eligible persons receive equitable services, support and are served with dignity, respect, and compassion regardless of circumstance, ability, or identity.

8.5 Applicability of Uniform Administrative Requirements and OMB Circulars: When reviewed the City must ensure that each subrecipient maintain records documenting compliance with the applicable requirements outlined in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. [24 CFR 576.407(c); 24 CFR 576.500(s)(2)]

8.6 Audits: When reviewed, the City must ensure that each subrecipient is in compliance with the Single Audit Act of 1984, as amended, and implementing regulations. [24 CFR 84.26; 24 CFR 85.26; 24 CFR 576.407(c)]

8.7 Section 3: When reviewed, the City must make sure that each subrecipient in compliance with the applicable requirements of Section 3 of the Housing and Urban Development Act of 1968. [24 CFR part 135; 24 CFR 576.407(a); 24 CFR 576.405(c)];

8.8 Victims Of Domestic Violence:Dating Violence, Sexual Assault, Or Stalking 24 CFR § 576.409: When reviewed, the City will ensure that each subrecipient is in compliance with the requirements outlined in Section 37.0 of this policy.

9.0 Faith-Based Activities (Rehabilitation)

9.1 The City must ensure each subrecipient does not engage in inherently religious activities as part of #12..
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the programs or services funded under ESG. If the subrecipient conducted these activities, were they offered separately, in time or location, from the programs or services funded under ESG, and was participation voluntary for all program participants. [24 CFR 576.406(b); 24 CFR 576.500(r)]

9.2 The City must ensure that it did not discriminate against a program participant or prospective program participant on the basis of religion or religious belief. [24 CFR 576.406(d); 24 CFR 576.500(r)]

9.3 Annually, the City will ensure each subrecipient does not use ESG funds for the rehabilitation of sanctuaries, chapels, or other rooms that an ESG-funded religious congregation uses as its principal place of worship. [24 CFR 576.406(e); 24 CFR 576.500(r)]

9.4 When a structure is used for both eligible and inherently religious activities, the City ensures that the amount of ESG funds used was limited to the costs of those portions of the rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to ESG funds. [24 CFR 576.406(e); 24 CFR 576.500(r)]

10.0 Monitoring And Financial Management and Cost Allowability:

10.1 The City (recipient) and its subrecipients must have written policies and procedures to ensure that ESG funds are used in accordance with ESG requirements and sufficient records to enable HUD and the recipient to determine whether ESG requirements are being met. [24 CFR 576.500(a)]

10.2 As the lead agency for ESG funds, the City will monitor all subrecipients on a regular basis through written contacts, phone conversations, electronic information transfers, face-to-face monitoring visits (at least once annually), and project file review, pursuant to applicable regulation.

10.3 Monitoring will be conducted to ensure statutory and regulatory requirements are being met and that information submitted to City is accurate and complete.

10.4 Monitoring is not limited to a one-time event but is rather an ongoing process that assess the quality of ESG funded program performance over the life of the Standard Agreement and involves continuous communication and evaluation.

10.5 Monitoring will normally be conducted utilizing a three (3) tiered approach, depending upon the risk involved:

10.5.1 Limited Review

10.5.1.1 A limited review will be conducted of all subrecipients and projects on an annual basis. The timing of this monitoring will be in alignment with an organization’s submittal of a Quarterly Performance Report and an Invoice for Payment for expenses incurred against their City grant over the previous 90 days.

10.5.1.2 At least one quarter review will focus on the year-end financial statement or audit, and where applicable, the Single Audit. If the Single Audit contains audit findings or contains a management letter, the subrecipient will be selected for an In Depth Review. The goal of a Limited Review is to provide clarification to a specific unknown submission that cannot be determined from the subrecipient reports, and to identify areas of technical assistance needed by each subrecipient.

10.5.2 On-Site Monitoring Review

10.5.2.1 An on-site monitoring review will be a site visit to a subrecipient program assisted with HUD funds and will achieve a balance between programmatic and fiscal reviews, and much documentation review can be done prior to the on-site visit.
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10.5.2.1.1 The on-site monitoring includes a tour of the program facilities as appropriate, an explanation of the services provided, discussions with program and administrative staff, and introduction to one or more actual beneficiaries, if possible.

10.5.2.1.2 As a result of this visit, staff will determine whether an in-depth review is needed for further clarification of one or more issues identified during the on-site visit.

10.5.2.2 A Program review will focus on the specific subrecipient program activities. Program staff may be asked to define the strategic plans for the related programs and, as applicable, how those plans are used to help clients in those programs.

10.5.2.3 A Financial review will make the connections between the program budget, expenditures and actual beneficiaries assisted, including evidence of case managers time in client files, reviewing payroll documents for the period clients are reported, determining eligibility of clients based on income documentation in client files, the general relationship between the contents of client files (excluding Attorney Client or HIPAA confidential data) and benefit data reported by the subrecipient on the same clients.

10.5.2.4 The number of case files to be reviewed will reflect approximately 10% of the total clients served in the program, or more if there appear to be any systemic issues that need to be addressed.

10.5.2.5 Invoices may be randomly selected for review and traced back from City reimbursement to the original organization’s advance expenditure and client assisted (if appropriate).

10.5.2.5.1 For example, exact dollars billed for housing accessibility modifications can be traced directly to one client. Conversely, a different review model is required when dollars billed provided case management for multiple homeless individuals. It is expected that staff will review original invoices, cancelled checks, and other such documentation evidencing the expenditure, the relationship to the CDBG program objective, the appropriate proportion of CDBG expenditure in comparison to other funding, and accounting receipt of the federal grant funds.

10.5.3 In-Depth Review

10.5.3.1 An in-depth review will be a concentrated and focused review around a particular activity or program area. This will typically be a concentrated review of a known high-risk area or critical function, such as but not limited to:

10.5.3.1.1 Financial review for expenditures for ineligible activities,

10.5.3.1.2 Financial review for expenditures that cannot be traced through supporting documentation,

10.5.3.1.3 A program which requires donations as a condition of receiving service,

10.5.3.1.4 Management practices in affordable housing,

10.5.3.1.5 Section 504 compliance reviews upon receipt of a complaint from a person with disabilities,
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10.5.3.1.6 A fair housing complaint from a home seeker treated differently while trying to obtain housing from the subrecipient,

10.5.3.1.7 Denial of services for no valid reason, or

10.5.3.1.8 Failure to meet prevailing wage requirements in construction activities subject to Davis Bacon, etc.

10.6 Monitoring Outcomes:

10.6.1 Clearance: No violation of the program regulations or Standard Agreement requirements

10.6.2 Concern: A condition, that if not corrected, may reslut in a violation of the program regulations or Standard Agreement requirements

10.6.3 Findings: A violation of the program regulations and/or Standard Agreement requirements

10.6.4 Failure to address findings in accordance with the recommended corrective action may result in the temporary denial of reimbursement, repayment of previous reimbursements, or termination of the agreement

10.7 At the conclusion of each monitoring review, staff will send each subrecipient written documentation of the monitoring review, summarizing what was reviewed, and indicating any findings of regulatory non-compliance or concerns of program weaknesses. Additionally, staff will provide technical assistance to correct any deficiencies noted, and will acknowledge the performance level of the program, and whether they will either meet or fall short of contract goals.

11.0 Homeless Management Information System (HMIS) 24 CFR § 576.107:

11.1 Data Collection and Recordkeeping: HMIS records must reflect that each subrecipient entered data on all persons it served under ESG and on all of its ESG activities into the applicable community-wide HMIS or, for victim services providers (and legal services providers that opt out), into a comparable database, in accordance with HUD’s HMIS data standards. [24 CFR 576.400(f); 24 CFR 576.500(n); 2014 HMIS Data Standards]

11.2 Eligible costs (HMIS): If the subrecipient is not a victim service provider, or a legal service provider that uses a comparable database, ESG funds must only be used for costs eligible for the purpose of contributing data to the HMIS designated by the CoC. [24 CFR 576.107(a)(1)]

11.3 Data entry (Comparable database): If the subrecipient is a victim service provider, or a legal services provider that uses a comparable database, the data maintained is in the comparable database and not contributed or entered into an HMIS. [24 CFR 576.400(f)]

11.4 Eligible costs (Comparable database): If the subrecipient is a victim service provider, or a legal services provider that uses a comparable database, the funds must be used for establishing and operating a comparable database that complies with HUD’s HMIS requirements, including collecting client-level data over time (i.e., longitudinal data) and generating unduplicated aggregate reports. [24 CFR 576.400(f); 24 CFR 576.107(a)(3); 24 CFR 576.107(b)]

11.5 Participation in HMIS:. The subrecipient must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community-wide HMIS in the area in which those persons and activities are located, or a comparable database, in accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. If the subrecipient is a victim service provider or a legal services provider, it may use a comparable database that collects client-level data over time (i.e., longitudinal data) and generates unduplicated aggregate reports based on the data. Information entered into a comparable database must not be entered directly into or provided to an HMIS. #12..
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12.0 Administrative Costs and Financial Management 24 CFR § 576.108:

12.1 Eligible activities: A subrecipients’ expenses must be allowable, allocable, and reasonable. [24 CFR 576.100-576.109; 24 CFR 576.500(u)(2); 24 CFR 84.21(b)(6); 24 CFR 85.22]

12.2 Eligible Costs: Each subrecipient will charge staff and overhead costs directly related to carrying out activities eligible under one of the component to the applicable activity, and retain supporting documentation for all costs charged to the grant. [24 CFR 576.100(d); 24 CFR 576.108(a); 24 CFR 576.500(u)]

12.3 Eligible Administrative Costs: When a subrecipient receives Administrative funds:

12.3.1 All the administrative costs must be eligible in accordance with 24 CFR 576.108; and

12.3.2 The costs of carrying out the environmental review will be charged as an Administrative activity. [24 CFR 576.108(a)(1), (2), and (4)];

12.4 Training Costs: If any staff time was spent on training:

12.4.1 It is only for providing training on ESG requirements, attending HUD-sponsored ESG training, training staff on using HMIS or a comparable database, or attending HUDapproved training on HMIS and the ESG program; and

12.4.2 Is charged to the appropriate component (only HMIS for HMIS-related training, and Administrative costs for all other training). [24 CFR 576.108(a)(1), (2), and (4); 24 CFR 576.107]

12.5 Indirect Costs: If any indirect costs were charged to the grant, all allocations made to each eligible activity must be consistent with an indirect cost rate proposal developed in accordance with the Uniform Administrative Requirements. [24 CFR 576.109; 2 CFR 576.500(u)]

12.6 Eligible activities: A review of personnel costs charged to ESG, including a review of job descriptions, should reveal that, all staff time paid for with ESG funds was working on eligible ESG activities. [24 CFR 576.500(u)]

13.0 System and Performance Measures:

13.1 General performance measures have been established by the City for each program component, as described in the program component sections of this manual. Performance measures are based on applicable system and project-level goals established by HUD for the ESG program and City strategic priorities. The City may establish specific performance targets for certain measures. However, nothing prohibits a local CoC or subrecipient from establishing additional performance measures or higher performance expectations.

13.2 Subrecipients are encouraged to review data regularly related to equity and homelessness, such as tracking demographic data to determine if there are project-level disparities that need to be addressed. Subrecipients must consult their local CoC when establishing performance measures and targets. Subrecipients are required to report on performance as part of City reporting.

13.3 In addition to project-level performance, the City may request performance data for the CoC where an ESG funded project operates from HMIS. The chart at the end of this subheading outlines key federal performance measures, all of which will be incorporated into the Annual Action Plan, and the interaction of each measure with each ESG program component.

13.4 Key Performance Measures: The following criteria will be used to measure the performance of Subrecipients’ ESG funded Programs:

13.4.1 The length of time individuals and families remain homeless. Meeting this criteria will be based on demonstrating a reduction of the average and median length of time persons enrolled in emergency shelter, transitional housing, or safe haven projects experience #12..
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homelessness.

13.4.2 The extent to which individuals and families who leave homelessness experience additional spells of homelessness. Meeting this criteria will be based on demonstrating a reduction in the percent of persons who have left homelessness (i.e., exited continuum projects into permanent housing destinations)

13.4.3 The thoroughness of subrecipients in reaching homeless individuals and families.

Meeting this Meeting this criteria will be based on narrative question(s) about the program's, geographic coverage of the community, and the program’s street outreach efforts..

13.4.4 Successful placement from street outreach. Meeting this criteria will be based on demonstrating an increase in the percent of persons served in street outreach projects who exit to emergency shelter, safe haven, transitional housing, or permanent housing destinations.

13.4.5 Successful housing placement to or retention in a permanent housing destination.

Meeting this criteria will be based on demonstrating an increase in the percent of persons served in emergency shelter, safe haven, transitional housing, or rapid rehousing projects exit to permanent housing destinations and persons served in permanent housing projects who retain permanent housing or exit to permanent housing destinations.

14.0 Program Components and Eligible Activities 24 CFR § 576.100:

14.1 ESG funds may be used for five program components: street outreach, emergency shelter, homelessness prevention, rapid re-housing assistance, and HMIS; as well as administrative activities. The five program components and the eligible activities that may be funded under each are set forth in § 576.101 through § 576.107. Eligible administrative activities are set forth in § 576.108.

15.0 Street Outreach 24 CFR § 576.101:

15.1 ESG funds may be used for costs of providing essential services necessary to reach out to unsheltered homeless people; connect them with emergency shelter, housing, or critical services; and provide urgent, non-facility-based care to unsheltered homeless people who are unwilling or unable to access emergency shelter, housing, or an appropriate health facility. For the purposes of this section, the term “unsheltered homeless people” means individuals and families who qualify as homeless under paragraph (1)(i) of the “homeless” definition under § 576.2.

15.1.1 Eligible costs: are limited to the costs of providing essential services necessary to reach out to unsheltered homeless people; connecting unsheltered homeless people with emergency shelter, housing, or critical services; and providing urgent, non-facility-based care to unsheltered homeless people who are unwilling or unable to access emergency shelter, housing, or an appropriate health facility. [24 CFR 576.101(a)]

15.1.2 Engagement costs of activities to locate, identify, and build relationships with unsheltered homeless people and engage them for the purpose of providing immediate support, intervention, and connections with homeless assistance programs and/or mainstream social services and housing programs. These activities consist of making an initial assessment of needs and eligibility; providing crisis counseling; addressing urgent physical needs, such as providing meals, blankets, clothes, or toiletries; and actively connecting and providing information and referrals to programs targeted to homeless #12..
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people and mainstream social services and housing programs, including emergency shelter, transitional housing, community-based services, permanent supportive housing, and rapid re-housing programs. Eligible costs include the cell phone costs of outreach workers during the performance of these activities.

15.1.3 Case Management: The cost of assessing housing and service needs, arranging, coordinating, and monitoring, the delivery of individualized services to meet the needs of the program participant. Eligible services and activities are as follows: using the centralized or coordinated assessment system as required under § 576.400(d); conducting the initial evaluation required under § 576.401(a), including verifying and documenting eligibility; counseling; developing, securing and coordinating services; obtaining Federal, State, and local benefits; monitoring and evaluating program participant progress; providing information and referrals to other providers; and developing an individualized housing and service plan, including planning a path to permanent housing stability.

15.1.4 Emergency Health Services: ESG funds used for emergency health services limited to the costs of direct outpatient treatment of medical conditions (as listed under 24 CFR 576.101(a)(3)) that is provided:

15.1.5 Eligible costs are for the direct outpatient treatment of medical conditions and are provided by licensed medical professionals operating in community-based settings, including streets, parks, and other places where unsheltered homeless people are living.

15.1.6 ESG funds may be used only for these services to the extent that other appropriate health services are inaccessible or unavailable within the area.

15.1.7 Eligible treatment consists of assessing a program participant's health problems and developing a treatment plan; assisting program participants to understand their health needs; providing directly or assisting program participants to obtain appropriate emergency medical treatment; and providing medication and follow-up services.

15.1.8 Emergency Mental Health Services: ESG funds used for emergency mental health services limited to the costs associated with direct outpatient treatment (as listed under 24 CFR 576.101(a)(4)) that is provided:

15.1.8.1 Eligible costs are the direct outpatient treatment by licensed professionals of mental health conditions operating in community-based settings, including streets, parks, and other places where unsheltered people are living.

15.1.8.2 ESG funds may be used only for these services to the extent that other appropriate mental health services are inaccessible or unavailable within the community.

15.1.8.3 Mental health services are the application of therapeutic processes to personal, family, situational, or occupational problems in order to bring about positive resolution of the problem or improved individual or family functioning or circumstances.

15.1.8.4 Eligible treatment consists of crisis interventions, the prescription of psychotropic medications, explanation about the use and management of medications, and combinations of therapeutic approaches to address multiple problems.

15.1.9 Transportation: The transportation costs of travel by outreach workers, social workers, #12..
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medical professionals, or other service providers are eligible, provided that this travel takes place during the provision of services eligible under this section. The costs of transporting unsheltered people to emergency shelters or other service facilities are also eligible. These costs include the following:

15.1.9.1 The cost of a program participant's travel on public transportation.

15.1.9.2 If service workers use their own vehicles, mileage allowance for service workers to visit program participants;

15.1.9.3 The cost of purchasing or leasing a vehicle for the recipient or subrecipient in which staff transports program participants and/or staff serving program participants, and the cost of gas, insurance, taxes and maintenance for the vehicle; and

15.1.9.4 The travel costs of recipient or subrecipient staff to accompany or assist program participants to use public transportation.

15.2 Services for special populations: ESG funds may be used to provide services for homeless youth, victim services, and services for people living with HIV/AIDS, so long as the costs of providing these services are eligible under paragraphs (a)(1) through (a)(5) of this section. The term victim services means services that assist program participants who are victims of domestic violence, dating violence, sexual assault, or stalking, including services offered by rape crisis centers and domestic violence shelters, and other organizations with a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking.

15.3 Key Performance Measures: The performance measures below ensure that SO projects align with the local CoC’s system wide goal to end homelessness. Providers should gauge their progress and identify areas of improvement based on the following performance measures for their ESG funded programs:

Successful Placement from Street Outreach
Desired
Outcome
Increase in the percent of persons who exit to an Emergency Shelter, , Transitional Housing, or Permanent Housing Destination
Clients In Street Outreach projects who exit from Street Outreach during reporting periods.

Metric Change in placements to permanent housing destinations, temporary destinations (except for a place not meant for human habitation), and some institutional destinations
Measure Using HMIS data, the number of persons who exited to permanent housing destinations, temporary destinations(except for a place not meant for human habitation), and some institutional destinations during the reporting period.

16.0 Emergency Shelter Component § 576.102:

16.1 ESG funds may be used for costs of providing essential services to homeless families and individuals in emergency shelters, renovating buildings to be used as emergency shelter for homeless families and individuals, and operating emergency shelters.

16.2 Essential services: ESG funds may be used to provide essential services to individuals and families who are in an emergency shelter, as follows:

16.2.1 Case management. The cost of assessing, arranging, coordinating, and monitoring the delivery of individualized services to meet the needs of the program participant is eligible. Component services and activities consist of; #12..
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16.2.1.1 Using the centralized or coordinated assessment system as required under § 576.400(d);

16.2.1.2 Conducting the initial evaluation required under § 576.401(a), including verifying and documenting eligibility;

16.2.1.3 Counseling;

16.2.1.4 Developing, securing, and coordinating services and obtaining Federal,

16.2.1.5 State, and local benefits;

16.2.1.6 Monitoring and evaluating program participant progress;

16.2.1.7 Providing information and referrals to other providers;

16.2.1.8 Providing ongoing risk assessment and safety planning with victims of domestic violence, dating violence, sexual assault, and stalking; and

16.2.1.9 Developing an individualized housing and service plan, including planning a path to permanent housing stability.

16.2.2 Childcare: for program participants, including providing meals and snacks, and comprehensive and coordinated sets of appropriate developmental activities, are eligible. The children must be under the age of 13, unless they are disabled. Disabled children must be under the age of 18. The child-care center must be licensed by the jurisdiction in which it operates in order for its costs to be eligible.

16.2.3 Education services. When necessary for the program participant to obtain and maintain housing, the costs of improving knowledge and basic educational skills are eligible.

Services include instruction or training in consumer education, health education, substance abuse prevention, literacy, English as a Second Language, and General Educational Development (GED). Component services or activities are screening, assessment and testing; individual or group instruction; tutoring; provision of books, supplies and instructional material; counseling; and referral to community resources.

16.2.4 Employment assistance: Employment assistance and job training programs are eligible, including classroom, online, and/or computer instruction; on-the-job instruction; and services that assist individuals in securing employment, acquiring learning skills, and/or increasing earning potential. The cost of providing reasonable stipends to program participants in employment assistance and job training programs is an eligible cost.

Learning skills include those skills that can be used to secure and retain a job, including the acquisition of vocational licenses and/or certificates. Services that assist individuals in securing employment consist of employment screening, assessment, or testing; structured job skills and job-seeking skills; special training and tutoring, including literacy training and prevocational training; books and instructional material; counseling or job coaching; and referral to community resources.

16.2.5 Outpatient health services. Eligible costs are for the direct outpatient treatment of medical conditions and are provided by licensed medical professionals. Emergency Solutions Grant (ESG) funds may be used only for these services to the extent that other appropriate health services are unavailable within the community. Eligible treatment consists of assessing a program participant's health problems and developing a treatment plan; assisting program participants to understand their health needs; providing directly or assisting program participants to obtain appropriate medical treatment, preventive medical care, and health maintenance services, including #12..
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emergency medical services; providing medication and follow-up services; and providing preventive and non-cosmetic dental care.

16.2.6 Legal Services: Eligible costs are the hourly fees for legal advice and representation by attorneys licensed and in good standing with the bar association of the State in which the services are provided, and by person(s) under the supervision of the licensed attorney, regarding matters that interfere with the program participant's ability to obtain and retain housing.

16.2.6.1 Emergency Solutions Grant (ESG) funds may be used only for these services to the extent that other appropriate legal services are unavailable or inaccessible within the community.

16.2.6.2 Eligible subject matters are child support, guardianship, paternity, emancipation, and legal separation, orders of protection and other civil remedies for victims of domestic violence, dating violence, sexual assault, and stalking, appeal of veterans and public benefit claim denials, and the resolution of outstanding criminal warrants.

16.2.6.3 Component services or activities may include client intake, preparation of cases for trial, provision of legal advice, representation at hearings, and counseling.

16.2.6.4 Fees based on the actual service performed (i.e., fee for service) are also eligible, but only if the cost would be less than the cost of hourly fees. Filing fees and other necessary court costs are also eligible. If the subrecipient is a legal services provider and performs the services itself, the eligible costs are the subrecipient's employees' salaries and other costs necessary to perform the services.

16.2.6.5 Legal services for immigration and citizenship matters and issues relating to mortgages are ineligible costs. Retainer fee arrangements and contingency fee arrangements are ineligible costs.

16.2.7 Life skills training: The costs of teaching critical life management skills that may never have been learned or have been lost during the course of physical or mental illness, domestic violence, substance use, and homelessness are eligible costs. These services must be necessary to assist the program participant to function independently in the community. Component life skills training are budgeting resources, managing money, managing a household, resolving conflict, shopping for food and needed items, improving nutrition, using public transportation, and parenting.

16.2.8 Mental Health Services: Eligible costs are the direct outpatient treatment by licensed professionals of mental health conditions.

16.2.8.1 ESG funds may only be used for these services to the extent that other appropriate mental health services are unavailable or inaccessible within the community.

16.2.8.2 Mental health services are the application of therapeutic processes to personal, family, situational, or occupational problems in order to bring about positive resolution of the problem or improved individual or family functioning or circumstances. Problem areas may include family and marital relationships, parent-child problems, or symptom management.
#12..
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16.2.8.3 Eligible treatment consists of crisis interventions; individual, family, or group therapy sessions; the prescription of psychotropic medications or explanations about the use and management of medications; and combinations of therapeutic approaches to address multiple problems.

16.2.9 Substance abuse treatment services: Eligible substance abuse treatment services are designed to prevent , reduce, eliminate, or deter relapse of substance abuse or addictive behaviors and are provided by licensed or certified professionals.

16.2.9.1 ESG funds may only be used for these services to the extent that other appropriate substance abuse treatment services are unavailable or inaccessible within the community.

16.2.9.2 Eligible treatment consists of client intake and assessment, and outpatient treatment for up to 30 days. Group and individual counseling and drug testing are eligible costs. Inpatient detoxification and other inpatient drug or alcohol treatment are not eligible costs.

16.3 Transportation: Eligible costs consist of the transportation costs of a program participant's travel to and from medical care, employment, child care, or other eligible essential services facilities. These costs include the following:

16.3.1 The cost of a program participant's travel on public transportation;

16.3.2 If service workers use their own vehicles, mileage allowance for service workers to visit program participants

16.3.3 The cost of purchasing or leasing a vehicle for the recipient or subrecipient in which staff transports program participants and/or staff serving program participants, and the cost of gas, insurance, taxes, and maintenance for the vehicle; and

16.3.4 The travel costs of recipient or subrecipient staff to accompany or assist program participants to use public transportation.

16.4 Services for special populations: ESG funds may be used to provide services for homeless youth, victim services, and services for people living with HIV/AIDS, so long as the costs of providing these services are eligible under paragraphs (a)(1)(i) through (a)(1)(x) of this section. The term victim services means services that assist program participants who are victims of domestic violence, dating violence, sexual assault, or stalking, including services offered by rape crisis centers and domestic violence shelters, and other organizations with a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking.

16.5 Renovation: Eligible costs include labor, materials, tools, and other costs for renovation (Including major rehabilitation of an emergency shelter or conversion of a building into an emergency shelter). The emergency shelter must be owned by a government entity or private nonprofit organization.

16.6 Shelter operations: Eligible costs are the costs of maintenance (including minor or routine repairs), rent, security, fuel, equipment, insurance, utilities, food, furnishings, and supplies necessary for the operation of the emergency shelter. Where no appropriate emergency shelter is available for a homeless family or individual, eligible costs may also include a hotel or motel voucher for that family or individual.

16.7 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA):

Eligible costs are the costs of providing URA assistance under § 576.408, including relocation payments and other assistance to persons displaced by a project assisted with ESG funds. Persons that receive URA assistance are not considered “program participants” for the purposes of this #12..
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part, and relocation payments and other URA assistance are not considered “rental assistance” or “housing relocation and stabilization services” for the purposes of this part.

16.8 Prohibition against involuntary family separation: The age, of a child under age 18 must not be used as a basis for denying any family's admission to an emergency shelter that uses Emergency Solutions Grant (ESG) funding or services and provides shelter to families with children under age

18. 16.9 Minimum period of use:

16.9.1 Renovated buildings: Each building renovated with ESG funds must be maintained as a shelter for homeless individuals and families for not less than a period of 3 or 10 years, depending on the type of renovation and the value of the building. The “value of the building” is the reasonable monetary value assigned to the building, such as the value assigned by an independent real estate appraiser. The minimum use period must begin on the date the building is first occupied by a homeless individual or family after the completed renovation. A minimum period of use of 10 years, required for major rehabilitation and conversion, must be enforced by a recorded deed or use restriction.

16.9.2 Major rehabilitation: If the rehabilitation cost of an emergency shelter exceeds 75 percent of the value of the building before rehabilitation, the minimum period of use is 10 years.

16.9.3 Conversion: If the cost to convert a building into an emergency shelter exceeds 75 percent of the value of the building after conversion, the minimum period of use is 10 years.

16.9.4 Renovation other than major rehabilitation or conversion: In all other cases where ESG funds are used for renovation, the minimum period of use is 3 years.

16.10 Essential services and shelter operations: Where the recipient or subrecipient uses ESG funds solely for essential services or shelter operations, the recipient or subrecipient must provide services or shelter to homeless individuals and families at least for the period during which the ESG funds are provided. The recipient or subrecipient does not need to limit these services or shelter to a particular site or structure, so long as the site or structure serves the same type of persons originally served with the assistance (e.g., families with children, unaccompanied youth, disabled individuals, or victims of domestic violence) or serves homeless persons in the same area where the recipient or subrecipient originally provided the services or shelter.

16.11 Maintenance of effort: The maintenance of effort requirements under § 576.101(c), which apply to the use of ESG funds for essential services related to street outreach, also apply for the use of such funds for essential services related to emergency shelter.

16.12 Key Performance Measures: The performance measures below ensure that Emergency Shelter projects align with the local CoC’s system wide goal to end homelessness. Providers should gauge their progress and identify areas of improvement based on the following performance measures for their ESG funded programs:

Successful Placement in Permanent Housing
Desired Increase in the percent of persons who exit to Permanent Housing #12..
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Outcome Destinations
Clients In Emergency Shelter projects who exit during reporting periods.

Metric Changes in placements to permanent housing destinations, Measure Using HMIS data, the number of persons who exited to permanent housing destinations during the reporting period.

17.0 Homeless Prevention 24 CFR § 576.103

17.1 ESG funds may be used to provide housing relocation and stabilization services and shortand/or medium-term rental assistance necessary to prevent an individual or family from moving into an emergency shelter or another place described in paragraph (1) of the “homeless” definition in § 576.2. This assistance, referred to as homelessness prevention, may be provided to individuals and families who meet the criteria under the “at risk of homelessness” definition, or who meet the criteria in paragraph (2), (3), or (4) of the “homeless” definition in § 576.2 and have an annual income below 30 percent of median family income for the area, as determined by HUD. The costs of homelessness prevention are only eligible to the extent that the assistance is necessary to help the program participant regain stability in the program participant's current permanent housing or move into other permanent housing and achieve stability in that housing. Homelessness prevention must be provided in accordance with the housing relocation and stabilization services requirements in § 576.105, the short-term and medium-term rental assistance requirements in § 576.106, and the written standards and procedures established under § 576.400.

17.2 Key Performance Measures: The performance measures below ensure that Homeless Prevention projects align with the local CoC’s system wide goal to end homelessness. Providers should gauge their progress and identify areas of improvement based on the following performance measures for their ESG funded programs:

Successful Retention of Permanent Housing
Desired
Outcome
Increase in the percent of persons who retain Permanent Housing Destinations Clients In Homeless Prevention projects who retain permanent housing during reporting periods.

Metric Changes in retention of permanent housing.

Measure Using HMIS data, the number of persons who retained permanent housing destinations during the reporting period.

18.0 Rapid Re-Housing Assistance 24 CFR § 576.104

18.1 ESG funds may be used to provide housing relocation and stabilization services and shortand/or medium-term rental assistance as necessary to help a homeless individual or family move as quickly as possible into permanent housing and achieve stability in that housing. This assistance, referred to as rapid re-housing assistance, may be provided to program participants who meet the criteria under paragraph (1) of the “homeless” definition in § 576.2 or who meet the criteria under paragraph (4) of the “homeless” definition and live in an emergency shelter or other place described in paragraph (1) of the “homeless” definition. The rapid re-housing assistance must be provided in accordance with the housing relocation and stabilization services requirements in § #12..
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