Agenda packet — Modesto City Council, June 24, 2025 (part 5 of 6)

The City has also helped with the development of the Regional Analysis of Impediments to Fair Housing Choice (AI) for Stanislaus County. The AI analyzes public policies, strategies, and housing market practices that could potentially create barriers to affordable housing for households within the City. The AI identifies actions to be taken in order to alleviate any barriers identified. #30..
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AP-85 Other Actions – 91.220(k)
Introduction:

Actions planned to address obstacles to meeting underserved needs In alignment with local efforts and initiatives, the City's primary focus in 2025-2026 will be to use HUD resources to address the Consolidated Plan goals, all of which are high priority:
• Improve Quality and Increase Affordable Housing
• Address and Prevent Homelessness
• Enhance Infrastructure and Public Facilities
• Increase Access to Jobs, Education, and Other Services • Administration for CDBG, ESG, and HOME programs
This action plan identifies projects the City will undertake in pursuit of progress towards those goals outlined above.

Actions planned to foster and maintain affordable housing Because there is a housing shortage in Modesto, one of the City’s main strategies will be to use HUD funds to assist with property acquisition for conversion into affordable housing. In the development of the Strategic Plan, the City conducted a request for project proposals to identify potential projects that would assist in addressing the Consolidated Plan needs. The City will use projects identified via the RFP to maximize the use of HUD funds with the end goal of adding affordable housing units to the maximum extent possible.

Actions planned to reduce lead-based paint hazards
The Market Analysis section of this Consolidated Plan estimates that 8,643 owner-occupied low- and/or moderate-income households and 7,909 renter-occupied low- and/or moderate-income households are living in units built before 1980. Because lead-based building materials was banned in 1979, this is the best available estimate of the number of households that may have lead-based materials to abate.

The City of Modesto has adopted policies which will continue to be implemented in its housing programs.

The City’s lead-based paint policy complies with HUD requirements relating to lead-based paint hazards.

In alignment with HUD’s requirements, lead-based paint remediation actions will depend on the level of subsidy provided on a project-by-project basis.

City staff provides the HUD approved “Protect Your Family From Lead in Your Home” pamphlet to homeowners when lead-based paint is found or presumed to be present. Homeowner Rehabilitation Program Policies & Procedures adhere to 24 CFR 35.100 Subpart J 35.930(b), 24 CFR 35.100 subpart J

35.930(c), and 24 CFR 35.100 subpart J 35.930(d). Contractors who are working in homes where lead- #30..
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based paint is found or presumed to be present provides to the homeowners EPA pamphlet “The LeadSafe Certified Guide to Renovate Right” prior to construction activities.

Housing rehabilitation projects will be subject to federal regulations for Lead-Based Paint and contractors must be certified in safe work practices when completing the rehabilitation work. Costs related to leadbased paint inspections, clearance and abatement will be included in the City’s housing rehabilitation loan program which is paid from entitlement funds.

The following is the City’s lead-based policy for reduction of lead paint hazards:

Subsidy Amount <$5,000 $5,000-$25,000 >$25,000
Approach to
Lead Hazard
Evaluation and
Reduction
“Do No Harm”: Use
lead safe work
practices
Identify and control
Lead hazards
Identify and Abate Lead
Hazards
Homeowner
Notification
Yes Yes Yes
Lead Hazard
Evaluation
Presume Presence of
LBP (alternative: Paint
testing of surfaces to
be disturbed by
rehabilitation)
Paint testing of
surfaces to be
disturbed by
rehabilitation AND
Risk assessment
Paint testing of surfaces to be
disturbed by rehabilitation
AND Risk assessment
Lead Hazard
Reduction
Repair surfaces
disturbed during
rehabilitation, use
lead-safe work
practices, clearance
test of work site upon
completion.

Interim controls,
lead- safe work
practices, clearance
test of unit upon
completion.

Complete abatement, leadsafe work practices, clearance test of unit upon completion.

Actions planned to reduce the number of poverty-level families The City coordinates the efforts among many stakeholders to effectively support low-income households through the projects associated with this Consolidated Plan. In addition to supporting low-income households directly in Modesto, the City acknowledges the regional nature of many issues facing lowincome households. That being so, the City takes its role seriously as a participating member of the CoC as well as the Stanislaus Homeless Alliance (SHA).
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The vision of the City, as well as the organizations in which it participates is to develop and implement effective programs and projects that are coordinated and resourced efficiently. Addressing the goals and priority needs listed within this Consolidated Plan are the primary ways in which the City will work to reduce the number of families living in poverty.

The City is part of the County-wide 2020-2025 Analysis of Impediments to Fair Housing Choice (AI) as well.

Within the AI, an analysis was completed to understand those policies that may disproportionately impact low-income households in negative ways, or those policies that inadvertently impact low-income households in ways that may limit their choices in both choice of housing and thus, employment.

Another strategy the City will use is to enter into community partnerships that provide economic development opportunities for low-income households. Partnerships such as those with Opportunity Stanislaus, the local economic development and workforce agency, will seek to leverage any funds available to the city (federal and/or state) for the economic advancement of low-income families with the end goal to get them out of poverty levels.

The City may also work with its Economic Development Department to consider the creation of a CDBG special economic development program to assist existing small businesses with loans or grants that will result in the creation of jobs for low-income individuals and/or assist low income persons with the creation of microenterprise businesses as another strategy at reducing the number of poverty-level families.

Actions planned to develop institutional structure
The City of Modesto, through its engagement in local initiatives, is engaged in the Coordinated Entry system. Coordinated entry (also known as coordinated assessment system) is a consistent, community wide process to match people experiencing homelessness or at-risk of homelessness to community resources that are the best fit for their situation. In a community using coordinated entry, homeless individuals and families complete standard triage assessment survey that identifies the best type of services for that household. Participating programs accept referrals from the system, reducing the need for people to traverse the county seeking assistance at every provider separately. The process helps prioritize housing and homeless assistance based on vulnerability and severity of service needs to ensure that people who need assistance the most can receive it in a timely manner. The process also provides information about service needs and gaps to help plan assistance and identify needed resources in our community.

The intent is to provide coordinated entry to the entire geographic area through Access Points. Access Points are places–either virtual or physical–where an individual or family in need of assistance accesses the coordinated entry process. People experiencing homelessness can complete the assessment survey to participate in coordinated entry and are matched with community resources that best fit their situation.

All locations and methods offer the same assessment approach and referrals using uniform decisionmaking processes. The Access Points in Stanislaus County include: 1) A centralized physical location #30..
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(Access Center) in Stanislaus County where housing and support services, among others are provided, 2) 211 hotline system that screens and directly connects people to services, 3) Continuum of Care partners that provide assessments using the same tool county-wide, 4) A specialized Multi-disciplinary Outreach and Engagement Team that scouts the geographic area to provide access to those who might not want to engage at a physical access point.

The City works closely with the Stanislaus County Department of Behavioral Health and Recovery Services (BHRS) in the system delivery of housing services. BHRS provides Housing Support Services Program provides an array of support services for individuals facing barriers that include low income, severe mental illness, substance abuse, and other disabling conditions. The program offers a combination of affordable housing and support services designed to help individuals and families use housing as a platform for wellness and recovery following a period of homelessness, hospitalization or incarceration. The goal of Housing Support Services is to assist individuals in obtaining employment, independent living skills, recovery and increased self-sufficiency. In addition, BHRS provides Employment Support Services to individuals with psychiatric disabilities who are working towards Employment and Housing goals. The program provides an opportunity for individuals with severe mental health disabilities to work in the community. Often, BHRS and City HUD funding resources are leveraged together when partnering with local affordable housing developers such as the HACS and STANCO.

Actions planned to enhance coordination between public and private housing and social service agencies
City of Modesto relies primarily on its (A) close consultation with the CSOC, which is made up of representative stakeholders and (B) monthly meetings with its public and private housing development partners, which include local private CHDOs (e.g., Habitat for Humanity, Stanislaus County and Stanislaus Affordable Housing Corporation, and Great Valley Housing Development Corporation (GVHDC)) and the Housing Authority (to enhance coordination in the areas of community housing and social services.

The City of Modesto relies on non-profit organizations and for-profit developers to build and acquire, develop, and rehabilitate affordable units. The City of Modesto will continue to work closely with these entities to ensure that each year as many new affordable units are developed or made available.

The City of Modesto also relies on the non-profit service sector to provide emergency shelter and transitional and special needs housing. The City of Modesto will continue to support eligible organizations and their activities with local, state and federal funding as it’s made available and upon their governing entity’s approval.
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AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

The below section outlines specific program requirements for CDBG, HOME, and the ESG programs.

Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan
0 3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan. 0 5. The amount of income from float-funded activities 0 Total Program Income 0
Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income
85%
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HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(l)(2)

1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows:

The City of Modesto does not use form of investment within the local HOME program other than those identified in Section 92.205.

2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:

When HOME funds are used for homebuyer activities, the City will follow the following guidelines:

Pursuant to 24 CFR 92.254(a)(5)(ii), the City requires that HOME funds be recaptured if the property does not continue to be the principal residence of the buyer for the duration of the Affordability Period secured by an Affordable Housing Covenant. The Recapture Provision shall apply to a HOME assisted property only when a Direct HOME Subsidy is provided to a homebuyer.

The Recapture provision will ensure that the City of Modesto recoups all or a portion of the HOME assistance to the homebuyers, if the housing does not continue to be the principal residence of the family for the duration of the affordability period.

Per, 24 CFR 92.254(a)(5)(ii)(A), in establishing recapture requirements, the City of Modesto is subject to the limitation that when the recapture requirement is triggered by a sale (voluntarily or involuntarily) of the housing unit, and there are no net proceeds or the net proceeds are insufficient to repay the HOME investment due, the City of Modesto will only recapture the net proceeds, if any.

The net proceeds are the sales price minus superior loan repayment (other than HOME funds) and any closing costs.

Of the recapture options described in 92.254(a)(5)(ii)(A), the City of Modesto will use a the “Shared Net Proceeds” option as outlined in 24 CFR 92.254(a)(5)(ii)(A)(3). With this option, if the net proceeds are not sufficient to recapture the entire HOME investment, the City and original homebuyer will share the net proceeds.

To calculate the amount of net proceeds (or shared appreciation) to be returned to the City the following formula will be applied:

HOME investment x Net proceeds = HOME amount to be recaptured #30..
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Direct HOME Subsidy + Homeowner Investment
Since the HOME rule limits recapture to available net proceeds, the City will only recapture what is available from net proceeds. In this case, the City is not required to repay the difference between the total direct HOME subsidy and the amount the City is able to recapture from available net proceeds.

3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows:

When HOME funds are used for resale or recapture, the City will follow the following guidelines:

Per, 24 CFR 92.254(a)(5)(ii)(A), In establishing recapture requirements, the City of Modesto is subject to the limitation that when the recapture requirement is triggered by a sale (voluntarily or involuntarily) of the housing unit, and there are no net proceeds or the net proceeds are insufficient to repay the HOME investment due, the City of Modesto will only recapture the net proceeds, if any.

The net proceeds are the sales price minus superior loan repayment (other than HOME funds) and any closing costs.

To calculate the amount of net proceeds (or shared appreciation) to be returned to the City the following formula will be applied:

HOME investment x Net proceeds = HOME amount to be
recaptured
HOME Investment + Homeowner Investment
To calculate the amount of net proceeds (or shared appreciation) to available to the homebuyer the following formula will be applied:
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HOME investment x Net proceeds = HOME amount to be recaptured Direct HOME Subsidy + Homeowner Investment
Since the HOME rule limits recapture to available net proceeds, the City will only recapture what is available from net proceeds. In this case, the City is not required to repay the difference between the total direct HOME subsidy and the amount the City is able to recapture from available net proceeds.

4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:

The City does not intend to use HOME funds for refinancing activities.

5. If applicable to a planned HOME TBRA activity, a description of the preference for persons with special needs or disabilities. (See 24 CFR 92.209(c)(2)(i) and CFR 91.220(l)(2)(vii)).

6. If applicable to a planned HOME TBRA activity, a description of how the preference for a specific category of individuals with disabilities (e.g. persons with HIV/AIDS or chronic mental illness) will narrow the gap in benefits and the preference is needed to narrow the gap in benefits and services received by such persons. (See 24 CFR 92.209(c)(2)(ii) and 91.220(l)(2)(vii)).

The City is not currently planning for HOME TBRA activities, but if this changes the City does not require a preference be given to any one population for its use of HOME funds; however, it is recognized that there are scenarios such as layered funding that requires HOME units to be set-aside for a preferred population. This preference will be considered under the following conditions:

The population is included as a preference population in the current Consolidated Plan.

The Marketing Plan supports the need for the preferred population and/or it is a stipulation of the layered funding from another Federal, State, or local source investing in the project.

7. If applicable, a description of any preference or limitation for rental housing projects. (See 24 CFR

92.253(d)(3) and CFR 91.220(l)(2)(vii)). Note: Preferences cannot be administered in a manner that limits the opportunities of persons on any basis prohibited by the laws listed under 24 CFR 5.105(a).

The City does not require a preference be given to any one population for its use of HOME funds; however, it is recognized that there are scenarios such as layered funding that requires HOME units to be set-aside for a preferred population. This preference will be considered under the following conditions:

The population is included as a preference population in the current Consolidated Plan. #30..
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Emergency Solutions Grant (ESG) Reference 91.220(l)(4)

1. Include written standards for providing ESG assistance (may include as attachment) The City, in consultation with Continuum of Care stakeholders, developed policies and procedures for providing ESG assistance. The policies and procedures adopted are in accordance with HUD and HCD guidelines. Standards for providing ESG homelessness prevention and rapid re-housing assistance include housing relocation and stabilization services (§ 576.105), and short or medium-term rental assistance (§ 576.106).

The City’s ESG eligible activities list can be accessed at the following website: Emergency Solutions Grant (ESG) | Modesto, CA
If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system.

The CoC continues to work with partners and stakeholders in the implementation of the Coordinated Entry System (CES) process. Coordinated Entry (CE) is a consistent, community wide intake and placement process through which people experiencing homelessness are efficiently connected to available housing services within the community. With Coordinated Entry, homeless individuals and families complete standard triage assessment survey that identifies the best type of services for that household. Participating programs accept referrals from the system, reducing the need for people to traverse the county seeking assistance at every provider separately. The process helps prioritize housing and homeless assistance based on vulnerability and severity of service needs to ensure that people who need assistance the most can receive it in a timely manner. The process also provides information about service needs and gaps to help plan assistance and identify needed resources in our community. The community has worked hard to improve on this process and ensure that we are assisting poverty-level families not only with prioritizing them for their housing needs but assessing all other needs. Now that these needs are assessed case managers will continue reaching out to the members to connect to applicable services until housing becomes available.

Currently, the CoC holds weekly CE meetings/conference calls with housing/service providers where the list of homeless individuals who have been vetted through the CES process is reviewed for gauging individual housing readiness. Each individual is assessed as to housing readiness and is placed in any housing available within the community.

The Coordinated Entry System Policies and Procedures Manual was updated in November 2021. The manual outlines a process that consists of four (4) phases:
• Assessment
o During this phase all community members experiencing homelessness or chronic homelessness are to be assessed by a Housing Assessor and their Standardized Assessment (uniform community assessment forms) score is placed a community queue for housing.
• Housing Match and Prioritization
o The Case Conferencing Team will meet to review the community housing queue and begin to match eligible participants with housing opportunities. These Case #30..
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Conferencing Teams meet weekly or more frequently based on need. • Documentation and Housing Navigation
o In this phase, official eligibility documentation, as standardized by the CoC, are gathered to prepare a household for an available housing intervention. The Housing navigator works with Housing Providers to guide a household through the referral and move-in process.
• Housing Placement
o This phase includes ensuring that the household is ready for move-in and documenting client acceptance and move-in date in HMIS. #30..
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A detailed image below indicates specific steps within each phase.

For the full Coordinated Entry Policies and Procedures Manual, please find it at this link -> https://csocstan.com/coordinated-entry-system-ces-policies-and-procedures-manual/

2. Identify the process for making sub-awards and describe how the ESG allocation available to private nonprofit organizations (including community and faith-based organizations).

The City of Modesto competitively awards ESG funding through an RFP process. This RFP process conforms to the City of Modesto’s rigorous procurement process, including public noticing and utilizing its online based application system. The funding priorities as it relates to ESG are funding emergency shelter to the maximum extent possible and prioritizing rapid re-housing and homelessness prevention. The RFP Process is undertaken through the following steps:
• The City publishes a Notice of Funding Availability (NOFA) • The City holds are mandatory technical workshop for those organizations planning to apply for funds
• The City conducts a technical review on all applications received • The City submits technical review notifications
• Following technical review notifications, the City allows organizations one week to appeal their technical review determination
• Grant presentations are made to the Modesto Grant Review Committee • Award notifications are made
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• Associated projects and planned activities are included in the Annual Action Plan that is presented to City Council
• Sub-recipient grant agreements are finalized

3. If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG.

The City of Modesto works very closely with the CoC which is made up of a representative group of diverse stakeholders, including persons experiencing homelessness and those who at one time in their lives had experienced homelessness. The CoC bylaws [https://csocstan.com/wpcontent/uploads/2020/02/CSOC-Bylaws.pdf] identify the CoC Council Members. Those bylaws state that “3 people who are or have experienced homelessness” are to be members of the CSOC council, elected/appointed by the general membership of the CSOC. Alongside working with the CSOC, the City regularly participates in Stanislaus Homeless Alliance (SHA) discussions when developing policies and funding recommendations regarding facilities and services funded under ESG.

4. Describe performance standards for evaluating ESG.

To develop performance standards and evaluate outcomes of projects and activities assisted by ESG funds, the City of Modesto uses performance measures captured annually by HMIS to evaluate the outcomes of projects assisted with ESG funds. The performance measures will help evaluate the performance to determine the most effective services and assist with future allocation of ESG funds.

These include: length of homelessness, returns to homelessness, number of sheltered homes persons, employment and income growth for persons, homeless for the first time, and exit and retention to permanent housing.

Discussion
The City of Modesto consults closely and regularly with the CoC and its HMIS, ESG/Housing Prevention and Rapid Re-Housing Program, and Supportive Housing Program (SHP) subcommittees, which develop policies and procedures for these programs and have played an active role in building the service infrastructure to sustain and improve the coordinated entry system. This consultation includes but is not limited to reports and presentations that are placed on the CoC monthly meeting agendas, weekly coordinated entry meetings to place individuals in housing, and ongoing coordination amongst service providers related to housing placement of homeless individuals. #30..
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APPENDIX A:

PUBLIC ENGAGEMENT MEETING SUMMARIES & SURVEY RESULTS
Stakeholder Engagement Meeting Summaries
December 16, 2024 Meeting Location: Virtual Stakeholder meeting focused on affordable housing and enhancing
infrastructure
Meeting Goal:
• Meet with key stakeholders in the affordable housing and infrastructure space to get their initial feedback on issues and/or needs they’d like to be considered in the consolidated plan.

Summary Notes:
• Interested in ways to advance development of affordable housing and interested in strategies that can reduce rental assistance. However, the problem is that rents keep rising we means that the Housing Authority is less able to help as many people. Wants to encourage more construction of affordable housing which will help to address some of these issues.
• There is a lot of funding for housing but in California, these funding types don’t go very far. Housing Authority is seeing seniors getting edged out of the housing market. If there was a program to help seniors before they become homeless, this would be worth analyzing vs allowing seniors to become homeless before receiving care etc.
• County Continuum of Care have mapped their system of services to understand where gaps in services exist.

There are now more sheltered homeless than unsheltered homeless persons. One of the issues is that sheltered homeless persons are being sheltered for longer than anticipated because they have nowhere else to go; there are insufficient transitional housing and permanent supportive housing options to help move folks through continuum of care. Need more housing for folks exiting homeless shelters. There are roughly 1,200 homeless individuals in Modesto per the point in time count. • Rents are expensive and so need to be creative. Tax credit projects are very competitive in terms of local contribution (e.g., HOME funding); need to look at creative ways to address this. • State has fast tracked accessory dwelling units (ADUs), however, ADUs are mismatch of opportunities; many ADU opportunities are located in communities that cannot afford to construct ADUs. So, it would be a good idea to consider strategies to support ADUs in communities that could not otherwise affordable to build them.

Some strategies could be: forgivable loans.
• Need to be sure City is aware of the Stanislaus 2030 planning document (https://www.stanislaus2030.com/) which has to do with workforce development document. Need to get creative with housing types and funding resources (e.g., rental vs homeownership). Need to try to leverage other types of funding as much as possible.

ACE train is coming to Modesto. Focus should be on getting best bang for the buck. Downpayment assistance doesn’t work unless market is depressed.
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• Buying land with HOME funding isn’t the best strategy because you would have to be under construction in under 180 days.
• CDBG will trigger prevailing wage in most cases on construction which can add 25% to the cost of an affordable housing project. Need to look at the best use of funding with the goal of being the best possible stewards of HUD funding which means producing the greatest housing units based on greatest demand. Providing, for example, funding for individuals to purchase a home may not be the best possible use of HUD funding unless there is a severe recession. Should also look at workforce housing so folks can have shorter commutes. • One of the greatest needs in West Modesto is for senior housing. Need shelters for seniors that are struggling to afford housing.
• In West Modesto, there are county pockets; some of the lots are big (3 plus acres). Many county islands are historically owned by African American families; much of this land is not fully utilized. Would like to know if the City could consider reaching out to these property owners to see if it could acquire these county pockets/lots (with the use of HUD funding) to help support the development of affordable senior housing. • Would like to know if HUD funding be used for acquiring land. • Should advertise opportunities in radio, newsletter (e.g., View Magazine); could do an entire article on home ownership opportunities. NGOs (e.g., West Modesto Community Collaborative and others) can then promote the City’s marketing efforts. The City needs to promote opportunities better, particularly in low-moderate income communities. Often, when local community groups find out about opportunities, the funding is gone. • The Peoples Plan Report was provided to City/County – data can help prep future plans. https://westmodestocollaborative.com/the-peoples-plan
• Would like to know if the owner of the Paradise Road/Crows Landing Road proposed development would have to provide affordable housing.

December 17, 2024 Meeting Location: Virtual Stakeholder meeting focused on community and public services
Meeting Goal:
• Meet with key stakeholders in the community and public services space to get their initial feedback on issues and/or needs they’d like to be considered in the consolidated plan.

Meeting Notes:
• High numbers of housing complaints in Modesto based on age, race, low credit score, and source of income.

Although some resources are available, a local ordinance and a tenant right to counsel would be helpful. It is also likely for there to be more fair housing complaints about national origin and possible sex discrimination.

Modesto’s issues are a mirror of the problems in Sacramento. • Oakland has passed an interesting ordinance for reference with regards to criminal background and screening.

Having a ban on criminal background screening when it comes to housing applicants can reduce barriers for formerly incarcerated individuals.
• We're going to see the criminalization of unhoused folks continue to grow in the state of California because of Grants Pass Supreme County case. And considering that California has over 50 percent of the unhoused population of the nation, this is something to really think about critically if folks are being criminalized because they're unhoused, and then they have nowhere to go, and then they doubly face the obstacle of not being accepted into housing based on their criminal record.
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• Senior Advocacy Network provides legal aid and other housing supportive services throughout the County and within Modesto to older adults – older adults (55 age and up) are the demographic with the fastest increase in homelessness.
• Would like the City to support more prevention efforts. One example is a local rental subsidy program which Senior Advocacy Network uses as a bridge for people waiting to receive housing choice vouchers. This program has helped those on the waiting list to stop/reduce evictions and those who are recently homeless. The program subsidy is only 200 a month but it can make a big impact. • Home sharing is another strategy that the City could support. Stanislaus County is the only county in the valley to have a home sharing program. Home sharing takes advantage of uninhabited rooms that people have in the homes; it’s not a solution for everyone but it could be one of the solutions. The City could consider providing incentives (e.g., property tax credits) to homeowners that home share/provide housing to lowmoderate income people in their homes. • Mobile homes tenants (and RV parks) are also very vulnerable. Rent increases have significantly increased for many mobile home tenants and they have less legal protections. Modesto could help to lead in this space. • There is also a significant need for transitional housing, basically there is no transitional housing for the general public outside of behavioral health tenants. As a result, there is a huge blockage and not all persons needing transitional housing can go through behavioral health.
• Also need services/housing for undocumented persons because they often don’t qualify for programs even those that have lived here 20 plus years – need creative solutions. Some individuals can’t go back to their country of origin for a variety for a variety of reasons. • West Modesto is experiencing most if not all of the issues raised during the call in terms of housing challenges.

Rents have quadrupled since COVID. One of the most important issues is the lack of affordable housing for seniors who want to live in the community.
• Need to know limitations of providing solutions to senior housing. Insufficient funding exists for senior housing.

There are county pockets; much of this land is not fully utilized. • Need to know if the City could consider reaching out to these property owners to see if it could acquire these county pockets/lots (with the use of HUD funding) to help support the development of affordable senior housing.
• There is a communication desert in the West Modesto area. • In general, many people are not aware of City meetings and are often not consulted.

December 18, 2024 Meeting Location: Virtual Stakeholder meeting focused on economic development and digital
divide
Meeting Goal:
• Meet with key stakeholders in the economic development and digital divide space to get their initial feedback on issues and/or needs they’d like to be considered in the consolidated plan.

Meeting Notes:
• Need more starter homes in our community. Homes that cost $550k are not a starter homes. Some of the HUD funding could be used towards housing starts.
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• HUD funding could also be utilized to support HUD certified housing counselors in our community. Need to have lending programs in Spanish/English.
• City should consider free digital skills training for low income persons in the City. • There is a lot of great energy in addressing digital divide in the community. Is the HUD funding designed to be a one time grant for just one individual provider or could it be a collaborative grant amongst all digital divide providers?
• Encourage all those in the meeting to work collaboratively to provide some of the digital divide needs. • Along with providing housing, City should consider offering life skills education such as household budgeting, banking, how to purchase house, etc.
• Please also analyze extreme heat, air quality, and water quality in the consolidated plan. • Valley Improvement Projects would be happy to help support and/or coordinate consolidated plan workshops for the community in the future.
• Need to be sure that the information on the consolidated plan reaches all communities. Prior City planning meetings aren’t always accessible to all folks/communities. • The City’s outreach methods to connect with residents is inadequate. The City could utilize its garbage bill to announce future consolidated plan outreach efforts.
• Broadband data can be misleading. Some folks may have internet access, but this doesn’t mean that they have digital literacy, and the level of internet quality is important as well. • Need to be sure that HUD funding is for low to moderate income/underserved communities – wants the City to be sure of this.
• Need to look at People’s Plan for economic investment (e.g., need to look at how economic investment is encouraged in minority-owned businesses, especially in underserved area because they aren’t always aware of funding opportunities (e.g., HUD funding for the consolidated plan). • City should consider funding to support training of local leaders on how to participate on a Board etc. City’s HUD money hasn’t been used in the lowest economic areas (e.g., west, south, and areas around the airport). • Create alliances of communities with agencies, industries. County has a responsibility to invest in county pockets as well.
• West Modesto has many county pockets that could be used for low-income housing or other opportunities for the community as a whole.
• Would like to see some of the HUD funding utilized for digital literacy (e.g., how to use AI safely etc.) December 19, 2024 Meeting Location: Virtual Stakeholder meeting focused on addressing/preventing homelessness
Meeting Goal:
• Meet with key stakeholders in the homelessness prevention/services space to get their initial feedback on issues and/or needs they’d like to be considered in the consolidated plan.

Meeting Notes:
• Places for mass sheltering is needed to be considered for those that are unhoused. • Recidivism often occurs. So, need more solutions for this as well. #30..
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• Case management is critical for ongoing success. But resources and wrap around services are limited which contributes to recidivism and folks coming back into the shelters. So, likely can’t eliminate the need for shelters.
• In another County, SROs have a shelve life of about 5 years before deteriorating. If funding is not available to maintain SROs, then folks are more likely to end up in homeless shelters. • Addiction issues are prevalent.
• There are only a few organizations involved in the after care of folks living in homeless shelters (e.g., Downtown Streets Team); however, the amount of services isn’t comprehensive enough and there are some provisions in Cal AIM that can help.
• Shelters provide for stability while homeless folks are getting prepared for PSH. • City has done a good job to develop and fund a pipeline of PSH projects. As the City brings in more PSH units, more vouchers and subsidies will be needed.
• A reduction in the complexity of accessing funding would benefit the community. • Appreciates the City’s support of transitional/youth housing as it will help to reduce homelessness • More homeless prevention funding could benefit the community. As little as $1,000 can often help folks stay housed.
• HMIS access is working well. As a community, many organizations are using HMIS which has led to greater efficiencies, collaboration.
• Would like to see more hotel conversions to PSH (e.g., Kansas House) • Addiction recovery is the number one barrier to addressing the homelessness issue. • Need programs that help folks with addiction recovery in the City of Modesto. • HMIS not used by all community partners which means there are gaps in data. HMIS is not mandated to be used unless federal funding is utilized. If more community partners utilized HMIS, there could be a potential to bring in more funding and for the community to be understand its needs. • Some of the riders of public transit include those that are unhoused. Stanislaus Regional Transit Authority would like to be a community partner/resource to help address the needs of the homeless community • Case management is key. The way the City is currently set up, the City doesn’t currently provide case management/peer support as that is done by City partners. • A lot of folks with limited incomes stay in hotels for a few weeks before reverting back to shelters or the street. Could work with hotels to give more affordable rates to individuals in these circumstances.

February 7, 2025 City of Modesto, Community and
Economic Development
Department
Stakeholder meeting with the City’s
Leadership Modesto Group) to gather
input on the consolidated plan
Meeting Goal:
• City staff met with key stakeholders (Leadership Modesto Group) to gather feedback on issues and/or needs they’d like to be considered in the consolidated plan.

Meeting Notes:

Comments and questions from attendees:
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Affordable housing doesn’t meet the definition of Modesto.

Where their metrics set up and goals met from the last Con-plan.

We need to make people accountable who are receiving the housing.

Transitional planning is needed with other resources.

Permitting fees – the expenses are too high.

Use existing Community Centers to their full capacity.

Combine other Departments to these existing community centers that are being underutilized.

Bring Internet to rural areas, set up programs to assist with initial set-up and fees.

Issue small business grants to start small businesses in our community.

More access to education and help with costs where needed. • Provide more Mental Health, Job training, Rent, and Education services. • There needs to be accountability, this is necessary to assist with Homelessness. • Provide reunification services to the homeless.

February 26, 2025 Meeting Location: West Modesto
King Kennedy Center in District 2
Stakeholder meeting to gather input on
the consolidated plan
Meeting Goal:
• Host a meeting to engage the public at large on the initial results of the stakeholder survey, stakeholder focused meetings, and the initial analysis of the draft consolidated plan Meeting Notes:
• This funding is for 5 years? -Yes, it is anticipated that the City will receive an annual award throughout the next 5 years.
• Do not agree with stakeholders affordable housing needs. • Modesto needs more maintenance on roads, sidewalks, lack of light post on some streets. • Why can’t City and County come together to help the City of Modesto. • West Modesto needs new improvements.
• Modesto needs to be promoted more so people come here to spend their money. • West Modesto does not have many baking services, childcare issues, access to health care. • Not enough busses, to many stops and takes to long to take the bus. • City of Modesto needs more mental health services.
• Most important – Housing, increase access to more jobs, • No more housing in urban areas.
• More youth services.

February 27, 2025 Meeting Location: Stanislaus
Regional Housing Authority in
District 1
Stakeholder meeting to gather input on
the consolidated plan
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Meeting Goal:
• Host a meeting to engage the public at large on the initial results of the stakeholder survey, stakeholder focused meetings, and the initial analysis of the draft consolidated plan Meeting Notes:
• More investments in minority owned businesses.
• Urban areas are crime ridden, what safeguards are happening to prevent more crime from happening? • More parks
• Does not like the idea of private owned companies that come to make money. • Building more is great, but people are struggling even with an income over $100,000. • People are struggling to pay rent.
• Everyone agrees with Community Development and Public Service stakeholder input. • Modesto is safe
• Some of the results on the graph from Affordable Housing re-lap. • Some of us are not able to afford to go out to eat dinner to spend time with family. • If you can’t keep up with your storefront, you should be out of business. • Can’t compare Economic development & broadband & Affordable Housing • Redevelopment is important, possibly reopen abandoned buildings. Need to reopen businesses that were closed or replace with another business.
• Abandoned property can be used for housing or Rehabs. • Money to help kick start organized programs.
• Modesto is weak in transitional housing; can we get more funding for these. • Some cities provide an area where people can live in their car. Can we have that service in Modesto? • Outreach – Redundant
• County services are not doing their part.
• Need more safe places for homelessness.
• Help with ID’s and things to get back on their feet, Education services. • Parking requirements are a huge issue.
• Air service, commuter rail will help with economy in City of Modesto. • Senior services seem to be going well.
• With climate change, food banks are important.
• Modesto needs on going vocational Ed training. So many jobs are changing because of technology. This is an impact on people losing their jobs.

February 28, 2025 Meeting Location: Modesto
Gospel Mission in District 4
Stakeholder meeting to gather input on
the consolidated plan
Meeting Goal:
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• Host a meeting to engage the public at large on the initial results of the stakeholder survey, stakeholder focused meetings, and the initial analysis of the draft consolidated plan Meeting Notes:
• What district are we in; 4.
• There is a lot of empty land.
• Missing renters under community service survey. Demographics • Missing voices by not communicating w/survey.
• What’s the result?
• Vast majority of this is renters. Lack of rentals to many homeless out in the streets • With the amount of homelessness, there will still be someone who vandalizes. • Homelessness vs. Rapid Rehousing
• What about the property maintenance? What does this consist of? • Why doesn’t County and City “walk” together?
• Our drug abuse prevention and Education is not effective.

March 3, 2025 Meeting Location: Airport
Neighborhood Collaborative
District 2
Stakeholder meeting to gather input on
the consolidated plan
Meeting Goal:
• Host a meeting to engage the public at large on the initial results of the stakeholder survey, stakeholder focused meetings, and the initial analysis of the draft consolidated plan.

Meeting Notes:
• Give an example of low moderate funding?
• Emergency solution for homelessness.
• Give an example of where funding has been spent in the airport area. • Is a public hearing a City Council Meeting?
• Is this workshop different from the General Plan Workshop? • How does it relate to the housing element?
• How do you find affordable housing?
• City of Modesto needs to change their zoning, build more apartments, ban homebase food sellers. • There are no bank institutes near lower income areas. People must cash checks at the liquor store and always have to pay fees.
• Making streets and neighborhoods easier to travel so that people can walk to stores or work more accessible.
• Improving streets and neighborhoods to make walking to stores or work safer and more accessible. #30..
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• Seniors do need more help because they are living longer. • Some people don’t like to go to shelters because they feel forced to be apart of religious organizations. • Not enough family shelters
• Shelters are gender segregated.
• Some people would like for them to be segregated because of religion. • More lighting in the airport neighborhood area, more accessible bathrooms at parks that have sani-cleaning system.
• Transportation grants
• Mobility & Access for disabled persons
• Access for health care in lower income neighborhoods. • More early education programs (Head Start)
March 5, 2025 Meeting Location: James C. Enochs
High School in District 6
Stakeholder meeting to gather input on
the consolidated plan
Meeting Goal:
• Host a meeting to engage the public at large on the initial results of the stakeholder survey, stakeholder focused meetings, and the initial analysis of the draft consolidated plan Meeting Notes:
• No public comments
March 6, 2025 Meeting Location: Archway
Commons in District 3
Stakeholder meeting to gather input on
the consolidated plan
Meeting Goal:
• Host a meeting to engage the public at large on the initial results of the stakeholder survey, stakeholder focused meetings, and the initial analysis of the draft consolidated plan Meeting Notes:
• Community felt that the data presented in the Con Plan Presentation does not paint an accurate image of Modesto; They believe the statistics are worse.
• The community want more focused road-safety on 9th Street and Carver • Cross walk needed
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• Vehicles parking along the street obstructing views at the entrance/exits • Orangeburg street crosswalk dangerous especially closer to Garrison Elementary School • Community referenced Grape Road accident where grandmother and grandchild lost their lives • Input crosswalk with flashing lights to draw attention to drivers • Possible funding to expand HDAP program who focuses on putting unhoused population into motels and getting them back on their feet with resources to succeed and be self-sufficient • Increased employment opportunities
• Community wants to see increased marketing campaigns for any new affordable housing developments • Affordable Housing – more single/affordable bedroom apartments needed and mutual aid housing opportunities
March 7, 2025 Meeting Location: Veterans Center
in District 5
Stakeholder meeting to gather input on
the consolidated plan
Meeting Goal:
• Host a meeting to engage the public at large on the initial results of the stakeholder survey, stakeholder focused meetings, and the initial analysis of the draft consolidated plan Meeting Notes:
• Have we received notice of funding?
• When referring to affordable housing is it houses or apartments? • The Economic Development & Broadband data is accurate, its expense about $220 a month, Elementary schools with low levels of don’t receive the funding so who’s education is receiving the training. • Racial ethnic map: some areas are county
• Lennar Homes project was listed as affordable housing and its not starter homes; why would council approve planning project.
• New houses are being built too big and not affordable. • City keeps allowing approval of big 4/5/6-bedroom homes ; not what we need, not affordable. • Affordable housing is misleading; some people are who are on board are the builders. • Bay area/San Jose people are who can afford them.
• Need for mix of houses is what Modesto needs.
• Exodus of people in communities because of status in county or can’t afford 95354 and 95351- they are the underserved communities 95358.
• Domo- not cheap, DST non-Profits- Tricky work, concerned we don’t have all the numbers captured. • Safe Park program wasn’t fully utilized there are too many restrictions. • Continuum services in each area to make the movement work, overhead is because it’s a lot of heavy work need a good balance across
• County jail prioritize to designate to help the homeless or the old courthouse. • ADU are great but too expensive to build; one suggestion to charge rent. #30..
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• Riverbank is doing a great program and feel the City was not there to sell the program • When doing the plan assuming City of Modesto or taking into consideration planned expansion • Current boundaries
• Prioritize more multi units where it is located
• Focus Group:
• Lack of financial institutions in South Modesto #2 and west Modesto • Financial literacy
• Cost of living in Modesto has yet to turn down a rate increase; rates keep going up water, sewer, etc. … • Not a lot of access to community centers underutilized, has called to hold meeting at James Marshall and was not allowed but the City can host meeting there, legion hall was lost as a community center. • Is there a way to streamline the process and utilize these centers. And how can we collectively work together?
• Suggestions: Put something on the website and email out Info graphic where we are with the housing projects city wide
#30..
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Summary of Survey Results
Survey Methodology
The Modesto Community Survey was conducted online and made accessible to the public through a shared link. Invitations to participate were sent to the City’s comprehensive stakeholder list, which was continuously updated throughout the engagement process. This list also incorporated contacts from the City’s recent Housing Element update and its ongoing comprehensive general plan update. The survey was available in both English and Spanish, with options for respondents to complete it online or via hard copy. Hard copy responses were manually entered into the online system for analysis. The survey remained open for approximately eight weeks, from January to March 2025. In total, 545 residents participated, with 533 respondents completing the survey in English and 12 respondents in Spanish.

Survey Key Themes
The Modesto Community Survey highlighted several key priorities among residents. • A significant theme was the need for more affordable housing development, along with improved access to affordable housing for families, seniors, and individuals with disabilities. Respondents also emphasized the importance of implementing preventative measures to reduce displacement caused by high housing costs.
• Additionally, the survey revealed a lack of awareness regarding housing discrimination. Many residents indicated they would not know how to report housing discrimination if they experienced or witnessed it, highlighting a need for greater outreach and education on fair housing rights and reporting processes.
• Economic development emerged as a critical need, with strong support for the redevelopment and revitalization of abandoned properties and increased financial assistance for community organizations.
• Addressing homelessness was another major concern, with services such as homeless shelters, prevention and outreach programs, and supportive housing receiving high importance ratings. • Community infrastructure and services were also prioritized. Residents expressed a strong desire for improvements to roads and sidewalks, property maintenance, parks and trails, and local schools.
• In terms of public services, the highest-rated priorities included child abuse prevention, senior services, drug abuse education and prevention, medical and dental services, as well as food banks and community meal programs.

Survey Responses Per Question
Note: Questions with open ended answers (Questions 2, 25, and 33) are not included below but the key themes from comments are included in the key themes summary above. #30..
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#30..
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#30..
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#30..
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#30..
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Appendix B – Low to Moderate Income Population and Regional Housing Needs Allocation Sites
Source: HCD AFFH Data Viewer
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Appendix C – Overpayment by Renters and Owners
Source: HCD AFFH Data Viewer
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Appendix C – Overpayment by Renters and Owners
Source: HCD AFFH Data Viewer
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Appendix D – Racial/Ethnic Concentrated Areas of Poverty Source: 2016-2020 ACS
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Appendix E – Site Inventory and California Tax Credit Allocation Committee Composite Score By Tract
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Appendix F – City of Modesto Land Use Diagram
Source: 2016-2020 ACS
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Appendix G – Households with Overcrowding
Source: HUD CPD Maps
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Appendix H – Households with Substandard Housing
Source: HUD CPD Maps
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Appendix I – Households with Severe Cost Burden
Source: HUD CPD Maps
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Appendix J – Racial and Ethnic Majority
Source: HCD AFFH Data Viewer
#30..
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Appendix K – Tax Credit Allocation Committee Score
Source: HCD AFFH Data Viewer
#30..
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Appendix L – Broadband Coverage (2021)
Source: https://broadband477map.fcc.gov/#/
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Source:

Appendix M – Social Vulnerability Index
https://svi.cdc.gov/map/https://svi.cdc.gov/map/
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Appendix N – Flood Hazard Map (2014)
Source: Modesto General Plan
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Section 1
City of Modesto
Citizen Participation Plan
For HUD Programs
City of Modesto
Community and Economic Development Department
1010 10th Street, Suite 3100
Modesto, CA 95354
www.cityofmodesto.com
[email protected]
Committee: Citizens Housing and Community Development Committee City Council:

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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Table of Contents

1. Introduction.......................................................................................................................... 3

2. Objective.............................................................................................................................. 3

3. Citizen Participation .............................................................................................................. 3

4. Consultation Requirements (24 CFR 91.100) ............................................................................ 3

5. Availability of Draft and Approved Documents......................................................................... 5

6. Amendments........................................................................................................................ 6

6.1 Consolidated Plan Amendment Considerations................................................................ 6

6.2 Citizen’s Participation Plan Amendment Considerations.................................................... 6

6.3 Annual Action Plan Amendment Considerations............................................................... 6

7. Public Hearings, Notification and Access.................................................................................. 7

7.2. Public Hearing Process................................................................................................... 7

7.3. Public Hearing Notification & Opening of Public Comment Period...................................... 8

7.4. Public Review/Comment Period...................................................................................... 8

7.5. Access to Meetings........................................................................................................ 9

7.6. Access to Records.......................................................................................................... 9

7.7. Technical Assistance .......................................................................................................... 9

7.8. Comments and Complaints...........................................................................................10

7.9. Individuals with Limited English Proficiency (LEP)...........................................................10

8. Anit-Displacement and Relocation Policy and Plan ................................................................. 11

8.1. Anti-Displacement Policy..............................................................................................11

8.2. Background.................................................................................................................11

8.3. What is Displacement?................................................................................................. 12

8.4. What is a Displaced Person? .........................................................................................12

8.5. Persons Not Eligible for Assistance ................................................................................12

8.6 Minimizing Displacement.............................................................................................13

8.7 Displacement Assistance ..............................................................................................14

8.8 One-For-One Replacement Dwelling Units.....................................................................14 #30..
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City of Modesto
Citizen Participation Plan

1. Introduction

1.1. The City of Modesto (City) is a federal entitlement jurisdiction that receives grant funding from the U.S. Department of Housing and Urban Development (HUD) for the following programs: Community Development Block Grants (CDBG), HOME Investment Partnerships Program (HOME) and Emergency Solutions Grants (ESG).

1.2. As a requirement for receiving the above-named entitlement grants, the City is required to prepare the following documents:

1.2.1. Consolidated Plan: A five-year Consolidated Plan to identify local community development needs and set forth a funding strategy to address those needs.

1.2.2. Annual Action Plan: An Annual Action Plan that summarizes the activities that will be undertaken in the upcoming Fiscal Year (FY) to address the needs outlined in the Consolidated Plan.

1.2.3. Consolidated Annual Performance Evaluation Report (CAPER): A Performance Report that evaluates the progress during the fiscal year in carrying out the activities outlined in the Annual Action Plan.

1.3. Under HUD’s Code of Federal Regulations for the Consolidated Plan (24 CFR Part 91 Sec.91.105), the City must adopt a Citizen Participation Plan that sets forth the City’s policies and procedures for citizen participation in the planning, execution, and evaluation of the Consolidated Plan, Annual Action Plan, and CAPER. The guidelines established in this Citizen Participation Plan apply to the development and adoption of all the above-listed documents (hereafter referred to as “the Plans”).

2. Objective

2.1. The Citizen Participation Plan establishes standards to promote citizen participation in the development of the Plans and related documents. The Citizen Participation Plan is designed to especially encourage participation by low and moderate-income persons, including those living in blighted areas. As an entitlement jurisdiction for the respective HUD programs, the City is responsible for the implementation of the Citizen Participation Plan.

3. Citizen Participation

3.1 The City provides for and encourages the participation of residents and stakeholders in the development of all the documents covered by the Citizen Participation Plan.

The City further encourages participation by low- and moderate-income persons, particularly those living in blighted areas, in areas where HUD funds are proposed to be used and by residents of predominantly low- and moderate-income neighborhoods. The City encourages participation in all stages of the Consolidated Planning process by all residents, including minorities and non-English speaking persons, as well as persons with mobility, visual, or hearing impairments, and residents of assisted housing developments and recipients of tenant-based assistance.

4. Consultation Requirements (24 CFR 91.100)

4.1 In the development of the Plans, the City will consult, to the greatest extent feasible, other public and private agencies and public organizations including but #30..
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not limited to those providing:

4.1.1 Assisted housing;

4.1.2 Health services; and

4.1.3 Social services and fair housing services (including those focusing on services to children, elderly persons, persons with disabilities, persons with HIV/AIDS and their families, homeless persons, economic development, neighborhood development and other housing and community development services).

4.2 When preparing the section of the Plans describing the City’s homeless strategy and the resources to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) and persons at risk of homelessness, the City will consult, to the greatest extent feasible, with:

4.2.1 The local Continuum of Care;

4.2.2 Public and private agencies that address housing, health, social service, victim services, employment, or education needs of low-income individuals and families; homeless individuals and families, including homeless veterans; youth; and/or other persons with special needs;

4.2.3 Publicly funded institutions and systems of care that may discharge persons into homelessness (such as health-care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and

4.2.4 Business and civic leaders.

4.3 When preparing the portion of the Plans concerning lead-based paint hazards, the City will consult, to the greatest extent feasible, with State or local health and child welfare agencies and examine existing data related to lead-based paint hazards and poisonings, including health department data on the addresses of housing units in which children have been identified as lead poisoned.

4.4 When preparing the description of priority non-housing community development needs, the City of Modesto will notify adjacent units of general local government, to the extent practical.

4.5 The City of Modesto will consult with adjacent units of general local government, such as adjacent HUD entitlement jurisdictions and local government agencies with metropolitan-wide planning responsibilities, particularly for problems and solutions that go beyond the City’s jurisdiction.

4.6 The City of Modesto will consult with the Stanislaus Regional Housing Authority (Stan Regional), the local public housing agency (PHA), concerning consideration of public housing needs, planned programs and activities, strategies for affirmatively furthering fair housing, and proposed actions to affirmatively further fair housing in the consolidated plan.

4.7 To the extent feasible, the City will consult with community based and regionally based organizations that represent protected class members, and organizations that enforce fair housing laws, such as State or local fair housing enforcement agencies, fair housing organizations and other nonprofit organizations that receive #30..
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funding under the Fair Housing Initiative Program (FHIP), and other public and private fair housing service agencies operating within the City. Consultation will occur, at a minimum, during the development of the Consolidated Plan.

Consultation on the Consolidated Plan will specifically seek input into how the priorities and objectives of the Consolidated Plan will affirmatively further fair housing.

4.8 As a recipient of ESG funds, the City will consult with the Continuum of Care in determining how to allocate its ESG funds toward eligible activities; in developing the performance standards for, and evaluating the outcomes of, projects and activities assisted by ESG funds; and in developing funding, policies, and procedures for the operation and administration of the Homeless Management Information System (HMIS).

4.9. In addition, in accordance to the ESG Final Rule requirements, the City will consult with the following entities in the planning for ESG related activities:

4.9.1. Public and private agencies that address housing, health, social service, victim services, employment, or education needs of low-income individuals and families;

4.9.2. Homeless individuals and families, including homeless veterans; youth; and/or other persons with special needs;

4.9.3. Publicly funded institutions and systems of care that may discharge persons into homelessness (such as health-care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and

4.9.4. Business and civic leaders.

4.10. A variety of mechanisms may be utilized to solicit input from the persons/service providers/agencies listed above. These include posting and/or mailing notices of public meetings and hearings, telephone or personal interviews, mail surveys, internet-based feedback, and consultation workshops.

5. Availability of Draft and Approved Documents

5.1. When developing the Consolidated Plan, the following criteria will apply:

5.1.1. As soon as feasible after the start of the public participation process, the HUD provided data and any other supplemental information to be incorporated into the Consolidated Plan will be made available to the residents, public agencies, and any other interested parties.

5.1.2. The City of Modesto may make the HUD provided data available to the public by cross-referencing the data on HUD’s website.

5.2. The draft versions of Consolidated Plans and Annual Action Plans will make available to residents, public agencies, and other interested parties information that includes the estimated amount of funding the City expects to receive (including grant funds and program income) and the range of activities that may be undertaken, including the estimated amount that will benefit persons of low and moderate income.

5.3. The draft and final versions Consolidated Plans, Annual Action Plans, CAPERs, Citizen Participation Plans, and all related amendments, will be made available for public review online at the City of Modesto Housing and Urban Development #30..
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Publications and Reports website:
https://www.modestogov.com/1848/Publications-Reports. Public review periods will vary as outlined in Section 7.4, below.

5.4. Hard copies of the documents will be available at the City of Modesto, Community Development Division, 1010 10th Street, Suite 3100, 3rd Floor, Modesto, California, 95354.

5.5. Written comments will be accepted by the Community Development Manager, or designee, during public review periods. A summary of the comments received, written and verbal, will be attached to the final Consolidated Plans, Annual Action Plans, Substantial Amendments, or approved CAPERs, prior to submission to HUD.

Copies will be made available following the process described in Section 7.4 of this document.

6. Amendments

6.1 Consolidated Plan Amendment Considerations

6.1.1. A “substantial change” to a Consolidated Plan is defined as an addition or deletion of Consolidated Plan priorities or goals.

6.1.2. All other changes may be handled administratively and are not subject to the public hearing requirements of this Citizen Participation Plan; however, public outreach and City Council approval will be conducted as required by City practice.

6.1.3. A change to a previously adopted Consolidated Plan or Action Plan that does not meet the thresholds to qualify as a Substantial Amendment as discussed in Section 6.1 above will qualify as Minor Amendments, are not subject to the public hearing requirements of this Citizen Participation Plan and may be handled administratively.

6.2 Citizen’s Participation Plan Amendment Considerations

6.2.1. A “substantial change” to a Citizen’s Participation Plan is defined as an addition or deletion of any section to the Citizen’s Participation Plan or an adjustment in the required level of public review of the documents outlined in the Plan.

6.2.2. All other changes may be handled administratively and are not subject to the public hearing requirements of this Citizen Participation Plan.

6.3 Annual Action Plan Amendment Considerations

6.3.1. A “substantial change” to an Annual Action Plan is defined as:

6.3.1.1. Addition of a new project not previously identified in the Annual Action Plan with an appropriation exceeding 25% of the total anticipated resources outlined in the approved Annual Action Plan;

6.3.1.2. Deletion or cancellation of a project identified in the Annual Action Plan which has NOT been deemed ineligible or determined to be infeasible (provided any allocated funds are transferred to another approved project as part of a subsequent Annual Action Plan approval); and

6.3.1.3. All other changes may be handled administratively and are not subject to the public hearing requirements of this Citizen Participation #30..
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Plan; however, public outreach and City Council approval will be conducted as required by City practice. The following changes are considered administrative:

6.3.1.3.1. Proportional adjustment to CDBG Public Service and ESG award amounts to accommodate actual HUD allocations
amounts (provided new sub-recipients are not awarded
funds);

6.3.1.3.2. Addition of new project not previously identified in the Annual Action Plan with an appropriation not exceeding 20% of the total grant allocation for the program year;

6.3.1.3.3. Reallocation of fund balance, in any amount, from a completed activity to another approved project or activity.

6.3.1.3.4. In any case where the reallocation of funds occurs, the reallocation will be reported accordingly in the respective fiscal year CAPER.

7. Public Hearings, Notification and Access

7.1. The City will follow the following procedure in conducting public hearings and providing notification and access to all Consolidated Plan documents discussed in this Citizen Participation Plan:

7.2. Public Hearing Process

7.2.1. The City will conduct at least two public hearings per year to obtain citizens’ views and comments on planning documents during the public review and comment period. These meetings will be conducted at different times of the program year and together will cover the following topics:

7.2.1.1. Housing and Community Development Needs

7.2.1.2. Development of Proposed Activities

7.2.1.3. Review of Program Performance

7.2.2. At least one of the two public hearings shall be held before the City Council that include public meetings with the Citizens’ Housing and Community Development Committee (CH&CDC) and will be held to obtain the views and input of citizens, public agencies, and other interested parties. Primary oversight of the City’s HUD entitlement grant programs comes from the CH&CDC. This committee is appointed by the City Council and is comprised of representatives from the City Council, Planning Commission, Housing Rehabilitation Loan Committee, Equity Commission, and several citizens-at-large. Generally, the citizens-at-large represent low-income and racial minority groups. The CHCDC makes funding recommendations to the City Council regarding HUD CDBG, HOME, ESG, other local, and/or State and funded projects and programs.

The City, at its discretion, may conduct additional outreach, public meetings or public hearings as necessary to foster citizen access and engagement.
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7.3. Public Hearing Notification & Opening of Public Comment Period

7.3.1. The opening of the public comment period of any documents released for public comment will commence on the day of the publication.

7.3.2. Public Hearing Notices will be printed/posted at least 14 days prior to the public hearing meeting date. Noticing may include:

7.3.2.1. Printing a public notice in newspaper(s) of general circulation in the City;

7.3.2.2. Display ads and/or press releases;

7.3.2.3. Social media ads, press releases and/or link to documents and reports; or,

7.3.2.4. Posting notices at City Hall.

7.3.3. Notices will include information on the subject and topic of the meeting including summaries when possible and appropriate to properly inform the public of the meeting. Notices may be published in additional languages as recommended by the City’s Language Assistance LAP Plan (LAP) and will be accessible to those with disabilities.

7.3.4. Draft Documents released for public comment will be distributed to the public on or before the posting of the public hearing notice;

7.3.4.1. Documents will be distributed to the public in the following manner:

7.3.4.1.1. Distribution via the Continuum of Care
email Listserv

7.3.4.1.2. The City’s Community Development Listserv

7.4. Public Review/Comment Period

7.4.1. Public notices will be printed / posted prior to the commencement of any public review/comment period alerting citizens of the documents for review. The minimum public comment/review period for each Consolidated Plan document is listed below:

Document Public Comment Period
Consolidated Plan 30 days
Annual Action Plan 30 days
Substantial Amendments 30 days
CAPER 15 days
Citizen Participation Plan 30 days

7.4.2. Copies of all documents and notices will be available for public review at the following location:

City of Modesto
Community and Economic Development Department
1010 10th Street, Suite 3100
Modesto, California, 95354
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7.4.3. Documents and notices will also be posted to the City of Modesto website at: https://www.modestogov.com/1848/Publications-Reports

7.5. Access to Meetings

7.5.1. Unless otherwise noted, Public Hearings requiring City Council action will be conducted at City Council meetings located at 1010 10th Street, Lower Level (Basement), Modesto, California, 95354. For public meetings not requiring City Council participation, the City will make every effort to conduct such meetings at a location within the low- and moderateincome target areas accessible and convenient to potential and actual beneficiaries. The City will work with neighborhood groups and other stakeholders for guidance in selecting meeting locations and times and accommodating requests for translation of meetings per as referenced in section 7.9 of this plan.

7.5.2. It is the intent of the City to comply with the Americans with Disabilities Act (ADA) and Title VI of the Civil Rights Act of 1965 and related statutes in all respects. If an attendee or participant at a public hearing and/or meeting needs special assistance beyond what is normally provided, the City will attempt to accommodate these people in every reasonable manner.

7.6. Access to Records

7.6.1. Approved Plan documents will be kept on file by the City at the Community and Economic Development Department, 1010 10th Street, Suite 3100, Modesto, California, 95354 and online at:
https://www.modestogov.com/1848/Publications-Reports. Copies of the Plans can be made available to those requesting the Plans.

7.6.2. The City will ensure timely and reasonable access to information and records related to the development of the Plans and related documents, and the use of HUD funds from the preceding five (5) years.

7.6.3. Requests for information and records must be made to the in accordance with the Public Records Act. A guide can be found on the City’s website https://www.modestogov.com/455/Public-Records-Requests. Staff will respond to informal inquiries via email at [email protected], by phone at 209-577-5211 or in person at 1010 10th Street Suite 3100 Modesto, Ca 95354.

7.7. Technical Assistance

7.7.1. The City will provide technical assistance, particularly to groups or individuals representing persons with very low or low incomes. Said assistance shall be used to develop funding proposals for assistance under any of the formula programs covered by the Consolidated Plan.

City staff shall determine the necessary level and degree of assistance.

Such technical assistance might include, but is not limited to, the following:

7.7.1.1. Assisting with forms/applications;

7.7.1.2. Explaining the process for submitting proposals; #30..
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7.7.1.3. Explaining federal and local requirements;

7.7.1.4. Providing comments and advice on the telephone or in meetings; and/or

7.7.1.5. Reviewing and commenting on draft proposals.

7.8. Comments and Complaints

7.8.1. Written and verbal comments received at public hearings, public meetings, or during the comment period will be summarized and considered in the development of the Plans and related documents subject to this Citizen Participation Plan and included as an attachment to final Plans and related documents submitted to HUD.

Written or verbal comments should be addressed to the City of Modesto’s Community Development Manager:

City of Modesto
Community and Economic Development Department
Attn: Community Development Manager
1010 10th Street, Suite 3100
Modesto, California, 95354
Phone: 209-577-5211
Email: [email protected]
A complaint regarding any the Plans and related documents covered by this Citizen Participation Plan should be sent to the Community Development Manager City of Modesto
Community and Economic Development Department
Attn: Community Development Manager
1010 10th Street, Suite 3100
Modesto, California, 95354
Phone: 209-577-5211
Email: [email protected]

7.8.2. The City will accept any complaint and recommends that the public specifies the following information to the degree possible:

7.8.2.1. The description of the objection and supporting facts, and/or other relevant information as available; and

7.8.2.2. Provide name, address, and telephone number of complainant and date of complaint.

7.8.3. Pursuant to the Code of Federal Regulations (Section 24, CFR 91.105 (j), a written response will be made to all complaints (both written and/or verbal) within fifteen (15) working days, that acknowledges the complaint and identification of a plan of action, if necessary.

7.9. Individuals with Limited English Proficiency (LEP)

7.9.1. In compliance with Title VI of the Civil Rights Act of 1964, the City will take responsible steps to ensure meaningful access to benefits, services, information, and other important aspects of the programs covered by the #30..
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Plans and related documents for individuals with Limited English Proficiency. If an individual or participant with Limited English Proficiency needs assistance beyond what is normally provided, the City will attempt to accommodate their request in every reasonable manner.

7.9.2. If anyone needs any information related to the Plans and related documents in an alternate format, please contact the City of Modesto ADA Title II/Civil Rights Title VI Coordinator at (209) 577-5282.

8. Anit-Displacement and Relocation Policy and Plan

8.1. Anti-Displacement Policy

8.1.1. The City seeks to minimize, to the greatest extent feasible, the involuntary displacement, whether permanently or temporarily, of persons (families, individuals, businesses, nonprofit organizations, or farms) from projects funded with CDBG, ESG, or HOME involving single or multi-family rehabilitation, acquisition, commercial rehabilitation, demolition, economic development, or capital improvement activities.

8.1.2. Projects that the City deems beneficial but that may cause displacement may be recommended and approved for funding only if the City of Modesto demonstrates that such displacement is necessary and vital to the project and that they take efforts to reduce the number of persons displaced. Further, it must be clearly demonstrated that the goals and anticipated accomplishments of a project outweigh the adverse effects of displacement imposed on persons who must relocate.

8.1.3. This section describes the City’s Anti-Displacement and Relocation Plan and how it will assist persons who will be temporarily relocated or permanently displaced due to the use of HUD funds. This plan takes effect whenever the City sponsors projects using CDGB, ESG, or HOME funds that involve the following:

8.2. Background

8.2.1. Two acts apply whenever any of the above issues are present:

8.2.1.1. The Uniform Relocation Assistance and Real Property Policies Act of 1970 (URA); and

8.2.1.2. Section 104(d) of the Housing and Community
Development Act of 1974.

8.2.2. Each of these acts place different obligations on the City.

8.2.3. The URA governs the processes and procedures which the City must follow to minimize the burden placed on low- and moderate-income tenants, property owners, and business owners who must move (either temporarily or permanently) as the result of a project funded in whole or in part by the CDBG, ESG, or HOME programs. The URA applies to:

8.2.3.1. Displacement that results from acquisition, demolition, or rehabilitation for HUD-assisted projects carried out by public agencies, nonprofit organizations, private
developers, or others;

8.2.3.2. Real property acquisition for HUD-assisted projects #30..
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(whether publicly or privately undertaken);

8.2.3.3. Creation of a permanent easement or right of way for HUD-assisted projects (whether publicly or privately
undertaken); and

8.2.3.4. Work on private property during the construction of a HUD-assisted project even if the activity is temporary.

8.3. What is Displacement?

8.3.1. Displacement occurs when a person moves as a direct result of federally assisted acquisition, demolition, conversion, or rehabilitation activities1, because he or she is:

8.3.1.1. Required to move; or

8.3.1.2. Not offered a decent, safe, sanitary and affordable unit in the project;

8.3.1.3. Treated “unreasonably” as part of a permanent or temporary move.

8.3.2. A person may also be considered displaced if the necessary notices are not given or provided in a timely manner and the person moves for any reason.

8.4. What is a Displaced Person?

8.4.1. The term displaced person means any person that moves from real property or moves his or her personal property from real property permanently as a direct result of one or more of the following activities:

8.4.1.1. Acquisition of real property, in whole or in part, for a project;

8.4.1.2. Rehabilitation or demolition of real property for a project;

8.4.2. The City may offer advisory and financial assistance to eligible tenants (or homeowners) who meet the above definition.

8.5. Persons Not Eligible for Assistance

8.5.1. A person is not eligible for relocation assistance under the provisions of the URA if any of the following occurs:

8.5.1.1. The person was evicted for serious or repeated violation of the terms and conditions of the lease or occupancy
agreement, violation of applicable Federal, State, or local law, or other good cause. However, if the person was
evicted only to avoid the application of URA, then that person is considered displaced and is eligible for
assistance;

8.5.1.2. The person has no legal right to occupy the property under State or local law;

8.5.1.3. The City determines that the person occupied the property 1 Persons who voluntary participate in a CDBG, ESG, or HOME funded rehabilitation activity may only qualify for relocation assistance when no other housing options are available to them. #30..
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to obtain relocation assistance and the HUD Field Office concurs in that determination;

8.5.1.4. The person is a tenant-occupant that moved into the property after a certain date, specified in the applicable program regulation, and, before leasing and occupying the property, the City provided the tenant-occupant written notice of the application for assistance, the project's impact on the person, and the fact that he or she would not qualify as a “displaced person” because of the project;

8.5.1.5.1 The person is a tenant-occupant of a substandard dwelling that is acquired or a tenant-occupant of a
dwelling unit to which emergency repairs are
undertaken and the HUD field office concurs that:

8.5.1.5.2 Such repairs or acquisition will benefit the tenant;

8.5.1.5.3 Bringing the unit up to a safe, decent, and sanitary condition is not feasible;

8.5.1.5.4 The tenant’s new rent and average estimated monthly utility costs will not exceed the greater of: the old
rent/utility costs or 30 percent of gross household
income; and

8.5.1.5.5 The project will not impose any unreasonable change in the character or use of the property.

8.5.1.5.6 The person is an owner-occupant of the property who moves because of an arm’s length acquisition;

8.5.1.5.7 The City notifies the person that they will not displace him or her for the project;

8.5.1.5.8 The person retains the right of use and occupancy of the real property following the acquisition; or

8.5.1.5.9 The City determines that the person is not displaced as a direct result of the acquisition, rehabilitation, or
demolition for the project and the HUD field office
concurs in the determination.

8.6 Minimizing Displacement

8.6.1. The City will take reasonable steps to minimize displacement occurring as a result of its CDBG, ESG, and HOME activities. This means that the City will:

8.6.1.1. Consider if displacement will occur as part of funding decisions and project feasibility determinations;

8.6.1.2. Assure, whenever possible that occupants of buildings to be rehabilitated are offered an opportunity to return;

8.6.1.3. Plan substantial rehabilitation projects in “stages” to minimize displacement; and

8.6.1.4. Meet all HUD notification requirements so that affected persons do not move because they have not been informed #30..
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about project plans and their rights.

8.7 Displacement Assistance

8.7.1. Consistent with the goals and objectives of the CDBG, ESG, and HOME programs, the City will take all reasonable steps necessary to minimize displacement of persons, even temporarily. If displacement occurs, the City will provide relocation assistance to all persons directly, involuntarily, and permanently displaced according to HUD regulations.

8.7.1 If the City temporarily displaces a low- or moderate-income household, that household becomes eligible for certain relocation payments. The assistance applies to those persons residing in the residence at the time the application is processed and is based on the following procedures:

8.7.2. If the structure and its occupants are determined eligible for temporary relocation assistance, the owner-occupants and/or tenants are eligible for the actual reasonable cost (based on fair market rent) of temporary lodging facilities until the structure is determined habitable by a housing or building inspector authorized by the City to make the determination;

8.7.3 The City must approve housing and the Lessor and Lessee must sign a rent agreement before move-in. Housing must be comparable functionally to the displacement dwelling and decent, safe, and sanitary.

This does not mean that the housing must be in comparable size. The term “functionally equivalent” means that it performs the same function, has the same principal features present, and can contribute to a comparable style of living. Approved lodging accommodations include apartments and houses. The City of Modesto does not reimburse “rental expenses” for living with a friend or family member;

8.7.1.1 The City may facilitate moving and storage of furniture with a moving company;

8.7.1.2 Damage deposits, utility hookups, telephone hookups and insurance costs are not eligible for reimbursement; and

8.7.1.3 The City may pay the cost of relocation assistance from available Federal funds.

8.8 One-For-One Replacement Dwelling Units

8.8.1. The City will generally avoid awarding funds for activities resulting in displacement. However, should the City fund an activity, specific documentation is required to show the replacement of all occupied and vacant dwelling units demolished or converted to another use. The following exception applies to the demolition of units:

8.8.1.1 Vacant blighted dwelling units that have been determined by the City to be unsafe for human occupancy and subsequently
demolished using federal funds shall not require replacement.

8.8.2 Should the City fund an activity resulting in displacement, the City will assure that relocation assistance is provided as described in 24 CFR 570.606(b)(2).

8.8.3 Consistent with the goals and objectives of the CDBG, ESG, and HOME #30..
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programs, the City will take all reasonable steps necessary to minimize displacement of persons from their homes. The City will avoid funding projects that cause displacement of persons or businesses and will avoid funding any project that involves the conversion of low- and moderateincome housing to non-residential purposes. #30..
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CITY OF MODESTO

CITY COUNCIL

AGENDA REPORT
DATE OF MEETING:

June 24, 2025
Date: May 6, 2025
TO: Mayor and City Council
THROUGH: Jessica Hill, Community and Economic Development Director

FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Founders Point East Specific Plan
CONTACT: Katharine Martin, Senior Planner [email protected] 209-577-5465 DESCRIPTION:

Hearing to consider approving an Amendment to the Modesto Urban Area General Plan to change the land use of approximately 70 acres from Business Park (BP) to Residential (R); approving the Founders Point East Specific Plan, for the development of 220 acres located northeast of the Pelandale Avenue and Tully Road Intersection; approving the filing of an application to the Stanislaus County Local Agency Formation Commission for the Founders Point East Reorganization to the City of Modesto; approving an Ordinance amending Section 5-3-9 of the Zoning Map of the City of Modesto to prezone The Founders Point East Specific Plan to the Specific Plan (P-SP) Zone; and adopting a Mitigated Negative Declaration for these actions (Fitzpatrick Land Development, LLC). (Funding Source: Application Fees) STRATEGIC PLAN ELEMENT:

The General Plan Amendment, Specific Plan, and Annexation are consistent with the following 2025-2026 Strategic Plan Areas of Focus: Economic Vitality, Goal E Drive Economic Vitality. The General Plan amendment of 70 acres from BP to R uses would facilitate the development of new single-family residential units as part of the 220-acre Founders Point East Specific Plan, which would facilitate development of the new residential uses as well as new employment-intensive business park uses.

BACKGROUND:

The subject site is comprised of twelve parcels totaling 220 acres, located in County of Stanislaus unincorporated area inside the City’s Sphere of Influence, and the westerly half of the 470-acre Kiernan-McHenry Comprehensive Planning District (CPD) of the City of Modesto Urban Area General Plan’s Planned Urban Area.

The Kiernan-McHenry CPD is located north of Pelandale Avenue, south of Kiernan Avenue, east of Tully Road and west of McHenry Avenue. Currently, the land uses designated for the Kiernan-McHenry CPD is 100 acres for Regional Commercial (RC) uses generally along the #31..
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Founders Point East Specific Plan

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McHenry Avenue corridor, and 370 acres for Business Park (BP). The land uses of the CPD were established in acknowledgment of existing light industrial and commercial businesses mainly in the vicinity of Kiernan Avenue and McHenry Avenue, and since adoption of the CPD as part of the 1995 Urban Area General Plan, subsequent development has included business park, light industrial, and commercial businesses within the CPD’s area along both of those corridors. To date, approximately half of the CPD’s area has been developed with the above uses, light industrial and business park uses between the former Tidewater Railroad alignment and Spyres Way, warehousing and light industrial businesses along the south side of Kiernan Avenue. The remaining undeveloped portions of the CPD are either vacant land or properties currently in nut tree orchard production.

On April 11, 2024, Fitzpatrick Land Development LLC (“Applicant”) applied for an amendment of the Land Use Element of the General Plan, to change the land use designation of two parcels totaling 70 acres located between Bangs Avenue and Pelandale Avenue and east of Tully Road, within the Kiernan-McHenry CPD, from Business Park (BP) uses to Residential (R) uses, together with an application for a new 70-acre Specific Plan, “Founders Point East” and annexation of the Specific Plan area into the City of Modesto. The application was subsequently amended to include the additional area for a total Specific Plan and annexation area of 220 acres, of which the aforementioned 70 acres would be designated for low density residential uses if the proposed amendment to the General Plan is adopted, and northernly 150 acres for business park uses. Staff encouraged the expanded area due to the existence of existing City facilities and service provision, which support a logical and orderly expansion to Kiernan Avenue.

DISCUSSION:

General Plan Amendment: The project proposes an amendment to the Land Use Element of the Urban Area General Plan to change the land use designation of the 70-acre Subarea A from Business Park (BP) to Residential (R). This will allow for new low density residential development as part of the Specific Plan and is intended to be an extension of the existing Founders Point residential development to the west (formerly “Woodglen”).

Founders Point East Specific Plan: The Specific Plan document outlines two areas for future development. The original 70-acre plan area is shown as “Subarea A” and would allow for Low Density Residential (LDR) uses as permitted within the Low-Density Residential (R-1) Zone for approximately 420 dwelling units. The 150-acre addition is shown as “Subarea B” and would allow for Business Park (BP) uses as permitted within the Commercial-Industrial (C-M) and Light Industrial (M-1) Zones, with additional provisions for hotels and multi-family residential development as conditional uses. Allowable uses within Subarea B may include professional and medical office, medical clinics, hospitals or convalescent care/rehabilitation centers, research and development, and light manufacturing uses, with emphasis on the development of campus-like environments including ancillary retail and business services such as child daycare, adult daycare, and personal services. Multi-family residential uses within Subarea B would be encouraged for workforce housing, subject to a conditional use permit by the Board of Zoning Adjustment.

While the Specific Plan document does outline local street circulation, storm water and utility diagrams for the 70-acre Subarea A residential component for future residential development, the 150-acre Subarea B will allow that new local streets and utility connections extending north from Bangs Avenue and east from Tully Road may be considered with proposed new business #31..
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Founders Point East Specific Plan

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or industrial park development, to be constructed in accordance to current City standards at the time of development. Additionally, any new development proposed within Sub-Area B would be required to handle and treat all storm water runoff on-site, as required by current City of Modesto codes and standards. The Specific Plan provides development standards for both subareas, and design guidelines for new development including architectural guidelines for new residences within Subarea A. New development within Subarea B would be required to meet or exceed the policies of the City’s Commercial and Industrial Design Guidelines.

Prezone of Specific Plan: As part of the approval of the Founders Point Specific Plan, the area is to be prezoned as P-SP (Specific Plan) Zone in anticipation of annexation of the area to the City. Upon annexation, the SP Zone would be in full effect with all development to be in accordance with the allowed uses and development standards of the Specific Plan.

Annexation: As part of the project, the applicant proposes annexation of the properties within the Specific Plan into the City of Modesto as provided by the Cortese-Knox-Hertzberg Local Reorganization Act of 2000 (California Government Code Section 56000, et seq.). The annexation area is considered “uninhabited” as defined by Government Code Section 56079.5 (fewer than twelve registered voters). The properties to be annexed are within Stanislaus County, contiguous to the existing City limits, and are within the Sphere of Influence of the City of Modesto as adopted by the Stanislaus Local Agency Formation Commission (LAFCO). The Kiernan-McHenry CPD was the subject of a Measure M advisory vote in November of 1997.

Plan for Services: A Plan for Services has been prepared pursuant to Government Code Section 56653. The City of Modesto is able to provide all needed municipal services to the area. Upon reorganization, the site will annex to Modesto’s Sewer District No. 1. Sewer service will be provided to the subject site from existing lines under Bangs Avenue and Tully Road. The City does not anticipate a substantial demand for service at this site.

In addition to these services, the Specific Plan area will be served by both the Modesto Fire Department and the Salida Fire Protection District, per the provisions of the September 13, 2022, Agreement between the City of Modesto and Salida Fire. The Salida Fire Protection District currently imposes a Special Tax under a Community Facilities District to pay for City fire services under the Contract. As a condition of approval, the Project will be required to enter into the District’s Community Facilities District and pay all applicable taxes. Those taxes will mitigate the described project’s impacts on the fire and emergency response services that are funded by the District.

The project site is within the jurisdiction of the Salida Fire Protection District (District) for purposes of fire services. Pursuant to a contract between the District and the City, the District pays the City to provide fire services and the City provides those services from the City’s Fire Department. The District currently imposes a Special Tax under a Community Facilities District to pay for City fire services under the Contract. The City has confirmed with the City’s Fire Department that the Fire Department has adequate existing infrastructure and personnel to service the Project under the service contract. Therefore, there is no CEQA impact to fire services.
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Founders Point East Specific Plan

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Williamson Act Contracts: There are four Willamson Act contracts on five parcels within the Specific Plan: Contracts No. No. 75-1981, No. 75-1982, No. 76-2108 (two parcels), and No. 76-2109. Each were protested by the City and upheld by LAFCO; therefore, upon annexation the City will not succeed the contracts.

This item was passed by the Planning Commission, and during the appeal period, the Salida Fire District submitted an appeal to the project. Staff continued to work with them regarding their concerns.

The Salida Fire District requested the City add the following information to the CEQA Mitigated Negative Declaration and if this information was added, the Fire District would withdraw their appeal. “As a condition of approval, the Project will be required to enter into the District’s Community Facilities District and pay all applicable taxes. Those taxes will mitigate the described project’s impacts on the fire and emergency response services that are funded by the District.” This information has been added to the document, and is attached as Attachment

4. FISCAL IMPACT:

The project is developer funded. A new Community Facilities District (CFD) will be formed for infrastructure improvements and amenities within the Specific Plan area, and all applicable Community Facilities District taxes and fees will be levied at the time of formation and annexation of the properties into the CFD.

COMMITTEE RECOMMENDATION:

This matter comes to the City Council from the Planning Commission, who recommended approval of the project at their regular meeting on May 5, 2025, on a 5-1 vote. The dissenting vote voiced concerns over development on greenfield areas rather than infill areas, and the shape of the annexation area appearing as an odd pop-out.

CEQA REQUIREMENTS:

An Initial Study/Mitigated Negative Declaration, Environmental Assessment No. EA/C&ED No. 2024-14, has been prepared by the City of Modesto that analyzed the proposed project, which found that while the project may have a potentially significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an amendment to the Land Use Element of the Modesto Urban Area General Plan to change the land use of approximately 70 acres from Business Park (BP) uses to Residential (R) uses (Fitzpatrick Land Development, LLC).

Resolution approving the Founders Point East Specific Plan, for the development of approximately 220 acres located north of Pelandale Avenue, south of Kiernan Avenue, east of Tully Road and west of the former Tidewater Railroad/future Virginia Trail Corridor (Fitzpatrick Land Development, LLC).

Resolution approving the filing of an application to the Stanislaus County Local Agency Formation Commission for the Reorganization of approximately 220 acres located north of Pelandale Avenue, south of Kiernan Avenue, east of Tully Road and west of the former Tidewater Railroad/future Virginia Trail Corridor, including rights of way on Pelandale Avenue, #31..
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City Council, June 24, 2025
Founders Point East Specific Plan

Page 5 of 5 ends

Kiernan Avenue and Tully Road for Annexation to the City of Modesto (Owner Initiated Uninhabited).

Resolution adopting a Mitigated Negative Declaration for the General Plan Amendment, Founders Point Specific Plan, Prezone and application for the reorganization of Founders Point East Specific Plan to the City of Modesto.

Motion introducing and waiving the first reading of an Ordinance amending Section 5-3-9 of the Zoning Map of the City of Modesto to prezone to Specific Plan (P-SP) Zone for The Founders Point East Specific Plan, approximately 220 acres located north of Pelandale Avenue, south of Kiernan Avenue, east of Tully Road and west of the former Tidewater Railroad/Future Virginia Trail Corridor (Fitzpatrick Land Development, LLC).

Approved by:

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

1. City Council amendment to Land Use Element of the General Plan Resolution

2. City Council approval of the Founders Point East Specific Plan Resolution and Attachment A

3. City Council Annexation Resolution

4. City Council adoption of a Mitigated Negative Declaration for the General Plan Amendment, Specific Plan, Prezone and Application for Reorganization to the City of Modesto

5. Ordinance

6. Financial Interest Disclosure Form

7. Levine Act Form

8. Conditional Appeal Withdrawal Letter
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MODESTO CITY COUNCIL
RESOLUTION NO. 2025-

RESOLUTION APPROVING AN AMENDMENT TO THE LAND USE ELEMENT

OF THE MODESTO URBAN AREA GENERAL PLAN TO CHANGE THE LAND USE OF APPROXIMATELY 70 ACRES FROM BUSINESS PARK (BP) TO

RESIDENTIAL (R) USES (FITZPATRICK LAND DEVELOPMENT, LLC) WHEREAS, a new General Plan for the City of Modesto entitled “City of Modesto Urban Area General Plan”, as recommended by the Modesto City Planning Commission, was adopted by the Council of the City of Modesto by Resolution No. 95- 409 on August 15, 1995, and
WHEREAS, said General Plan has been amended by Modesto City Council Resolution Nos. 95-584, 96-20, 96-338, 96-639, 97-3, 97-137, 97-158, 98-293, 99-162, 99-564, 2000-303, 2000-633, 2001-47, 2001-476, 2002-154, 2002-526, 2003-101, 2003- 122, 2004-233, 2005-70, 2007-066, 2007-599, 2008-142, 2008-583, 2009-419, 2011- 253, 2011-254, 2011-435, 2012-430, 2014-17, 2014-422, 2015-262, 2016-34, 2017-21, 2019-109, 2022-100, 2022-193, 2022-449, 2024-022, and 2025-164, copies of which are on file in the office of the City Clerk, and
WHEREAS, Government Code Section 65358 permits the amendment of General Plans by the legislative body, and
WHEREAS, Fitzpatrick Land Development LLC has applied for an amendment to the General Plan to change the land use designation of approximately 70 acres from Business Park (BP) to Residential (R), properties located north of Pelandale Avenue, south of Bangs Avenue, between Tully Road to the west and the former Tidewater Railroad /future Virginia Trail Corridor to the east, within the Kiernan-McHenry Comprehensive Planning District (CPD), and
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WHEREAS, said application was made concurrently with a proposed new Specific Plan document “Founders Point East” to allow for the development of the 70 acres together with 150 acres located between Bangs Avenue to the south, Kiernan Avenue, Tully Road to the west and the former Tidewater Railroad alignment/future Virginia Trail Corridor to the east, 220 acres total within the Kiernan-McHenry Comprehensive Planning District (CPD) (Project ID SPL-24-001), and WHEREAS, the application was made concurrently with the proposed annexation of the properties of the Founders Point East Specific Plan, located between Pelandale Avenue to the south, Kiernan Avenue to the north, Tully Road to the west and the former Tidewater Railroad alignment/future Virginia Trail Corridor to the east, a total annexation area of 220 acres (Project ID ANX-24-001), and WHEREAS, the Community & Economic Development Department has analyzed the proposed amendment and concluded that the amendment to the Land Use Diagram would allow for the development of new residential uses consistent with the Residential land use designation, and
WHEREAS, an Initial Study has been prepared by staff, as required by CEQA, and
WHEREAS, the Initial Study concluded that while the project may have a potentially significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent, and a Mitigated Negative Declaration, Environmental Assessment No.

EA/C&ED No. 2024-14, was prepared, and
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WHEREAS, a 30-day public review period for the proposed Initial Study/Mitigated Negative Declaration began on March 30, 2025 and concluded on April 28, 2025, and
WHEREAS, the City received public comments on the draft Initial Study/Mitigated Negative Declaration and no significant changes to the document were necessary as a result, and
WHEREAS, the Mitigation Monitoring Plan (MMP) is included and described within the Initial Study/Mitigated Negative Declaration, and WHEREAS, on May 5, 2025, the Planning Commission held a duly noticed public hearing in the Tenth Street Place Chambers located at 1010 Tenth Street, Modesto, California, relating to this proposed amendment to the Modesto Urban Area General Plan to change the land use designation of 70 acres from Business Park (BP) to Residential (R), properties located north of Pelandale Avenue, south of Bangs Avenue, between Tully Road to the west and the former Tidewater Railroad /future Virginia Trail Corridor to the east, within the Kiernan-McHenry Comprehensive Planning District (CPD), and WHEREAS, after said public hearing, the Planning Commission adopted Resolution No. 2025-24 recommending to the City Council an amendment to the Modesto Urban Area General Plan to change the land use designation of 70 acres from Business Park (BP) to Residential (R), and
WHEREAS, said matter was set for a public hearing of the City Council to be held on June 24, 2025, in the Tenth Street Place Chambers located at 1010 Tenth Street, Modesto, California, at which date and time said duly noticed public hearing of the #31..
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Council was held for the purpose of receiving public comment on the proposed amendment to the Modesto Urban Area General Plan Land Use Diagram.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby finds and determines that the proposed amendment to the Modesto Urban General Plan to as described in Exhibit “A”, attached hereto and incorporated herein by reference, is required for the public health, safety, and welfare of the citizens of Modesto.

BE IT FURTHER RESOLVED by the Council of the City of Modesto that it hereby adopts the proposed amendment to the Urban Area General Plan as described in Exhibit “A”, attached hereto and incorporated herein by reference.

BE IT FURTHER RESOLVED by the Council of the City of Modesto that the Community and Economic Development Department Director is hereby authorized and directed to forward certified copies of this resolution and said amendment to the Urban Area General Plan to the Board of Supervisors, and file a Notice of Determination within five (5) business days with the Stanislaus County Clerk pursuant to Section 21152 of the Public Resources Code.
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 24th day of June, 2025, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: __________________________________________
JOSE M. SANCHEZ, City Attorney
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EXHIBIT A
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MODESTO CITY COUNCIL
RESOLUTION NO. 2025-

RESOLUTION APPROVING THE FOUNDERS POINT EAST SPECIFIC PLAN FOR THE DEVELOPMENT OF APPROXIMATELY 220 ACRES LOCATED

NORTH OF PELANDALE AVENUE, SOUTH OF KIERNAN AVENUE, EAST

OF TULLY ROAD AND WEST OF THE FORMER TIDEWATER

RAILROAD/FUTURE VIRGINIA TRAIL CORRIDOR (FITZPATRICK LAND

DEVELOPMENT LLC)
WHEREAS, Government Code Section 65450 et. seq. permits cities and counties to adopt Specific Plans for the systematic implementation of the General Plan and to provide for greater level of detail in planning sites or areas of special interest or value, and
WHEREAS, the Modesto Urban Area General Plan includes a policy that requires the preparation of a comprehensive plan for all Comprehensive Planning Districts, and WHEREAS, the Modesto Urban Area General Plan allows the implementation of a comprehensive plan through specific plans, as defined by Government Code Section 65450 et. seq., and
WHEREAS, the Kiernan-McHenry Comprehensive Planning District (CPD) of the General Plan is bordered by Kiernan Avenue to the north, Pelandale Avenue to the south, Tully Road to the west and McHenry Avenue to the east, said CPD consisting of 100 acres designated for Regional Commercial (RC) land uses and 370 acres for Business Park (BP) land uses, a total of 470 acres, and
WHEREAS, on April 11, 2024, Fitzpatrick Land Development LLC (“Applicant”) filed an application to propose the new Founders Point Specific Plan for two parcels totaling 70 acres located at the southwest corner of the Kiernan-McHenry CPD, said properties bordered by Bangs Avenue to the north and Pelandale Avenue to #31..
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the south, Tully Road to the west and the former Tidewater Railroad/future Virginia Trail Corridor to the east, and
WHEREAS, the application was made concurrently with an application for an amendment to the Land Use Element of the City of Modesto Urban Area General Plan to amend the Land Use designation of the two parcels from Business Park (BP) to Residential (R), (Project ID GPA-24-002), and the annexation of the two parcels totaling 70 acres bordered by Bangs Avenue to the north and Pelandale Avenue to the south, Tully Road to the west, and the former Tidewater Railroad/future Virginia Trail Corridor to the east (Project ID ANX-24-001), and
WHEREAS the application was amended to include properties to the north of the site into the proposed Specific Plan and annexation area, 150 acres bordered by Bangs Avenue to the south and Kiernan Avenue to the north, Tully Road to the west, and the former Tidewater Railroad/future Virginia Trail Corridor to the east, with development policies for the future development of business park uses within the 150 acres in accordance to the General Plan, and
WHEREAS, together with the inclusion of the 150 acres, the Specific Plan and annexation area is to be a combined area of 220 acres, all bordered by Pelandale Avenue to the south, Kiernan Avenue to the north, Tully Road to the west, and the former Tidewater Railroad/future Virginia Trail Corridor to the east, and the Specific Plan document composed to allow for business park uses on the 150 acres north of Bangs Avenue and residential uses on the 70 acres south of Bangs Avenue, and WHEREAS, an Initial Study for the Project has been prepared by staff, as required by CEQA, and
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WHEREAS, the Initial Study concluded that while the project may have a potentially significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent, and a Mitigated Negative Declaration, Environmental Assessment No.

EA/C&ED No. 2024-14, was prepared, and
WHEREAS, a 30-day public review period for the proposed Initial Study/Mitigated Negative Declaration began on March 30, 2025 and concluded on April 28, 2025, and
WHEREAS, the City received public comments on the draft Initial Study/Mitigated Negative Declaration and no significant changes to the document were necessary as a result, and
WHEREAS, the Mitigation Monitoring Plan (MMP) is included and described within the Initial Study/Mitigated Negative Declaration, and WHEREAS, a public hearing was held by the Planning Commission on May 5, 2025, in Chambers, 1010 Tenth Street, Modesto, California, at which hearing evidence both oral and documentary was received and considered, and WHEREAS, after said public hearing, the Modesto City Planning Commission adopted Resolution No. 2025-25, recommending to the City Council an approval of the Founders Point East Specific Plan, and
WHEREAS, said matter was set for a public hearing of the City Council to be held on June 24, 2025, in the Tenth Street Place Chambers located at 1010 10th Street, Modesto, California, at which date and time said duly noticed public hearing of the #31..
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Council was held for the purpose of receiving public comment on the proposed Founders Point East Specific Plan.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Modesto that it hereby finds as follows:

1. The proposed Founders Point East Specific Plan is consistent with the Modesto Urban Area General Plan, because:
a. The proposed Specific Plan complies with the requirement to prepare a comprehensive plan for Comprehensive Planning Districts; and b. The proposed development of the properties within the Founders Point East Specific Plan is consistent with Business Park and Residential land use designations of the General Plan (as amended); and c. The location of the properties within the proposed Specific Plan is immediately adjacent to the existing City incorporated area and is within the Sphere of Influence, and is consistent with General Plan Growth Goals II.B.1 which states “Keep urban development as contiguous as possible in order to minimize urbanization of valuable farmland, foster resident convenience, improve air quality, reduce automobile vehicle miles traveled, improve public health and safety, and provide for economy in City services”, II.F.1 which states “Facilitate the creation and expansion of business parks to achieve a more equitable jobs-housing balance”, and II.F.5 to “pursue a diverse supply of housing types and costs, as well as diverse supply of jobs with varying income potential, to balance local job and housing opportunities.”

2. An Initial Study/Mitigated Negative Declaration, Environmental Assessment No. EA/C&ED No. 2024-14, has been prepared by the City of Modesto that analyzed the proposed project, and the Planning Commission has determined that while the project may have a potentially significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent, and that the Mitigated Negative Declaration should be adopted by the City Council.

BE IT FURTHER RESOLVED by the Council of the City of Modesto that the Founders Point East Specific Plan, on file in the office of the Community and Economic #31..
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Development Department and incorporated herein Attachment A by reference, is hereby adopted.

BE IT FURTHER RESOLVED by the Council that the City Clerk is hereby authorized and directed to send certified copies of this resolution and said Founders Point East Specific Plan to the Board of Supervisors of the County of Stanislaus.

BE IT FURTHER RESOLVED that the project applicant shall indemnify, defend, and hold harmless the City of Modesto, its agents, officers, and employees from any and all claims, actions, or proceedings against the City of Modesto, its agents, officers, and employees to attack, set aside, void, or annul, any approval by the City of Modesto and its advisory agency, appeal board, or a legislative body concerning the specific plan (File No. SPL-24-001). The City of Modesto shall promptly notify the applicant of any claim, action, or proceeding and shall cooperate fully in the defense. If the City fails to do so, the applicant shall not thereafter be responsible to defend, indemnify, or hold City harmless.
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 24th day of June 2025, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

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

By:

JOSE M. SANCHEZ, City Attorney
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ATTACHMENT A
Founders Point East Specific Plan
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FOUNDERS POINT EAST SPECIFICPLAN
MARCH 2025
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TABLE OF CONTENTS
1 SUMMARY 5

1.1 Location

1.2 Proposed Land Uses 5

1.2.1 Residential Density and Pattern 5

1.2.2 Open Space 5

1.3 Streets 6

1.4 Infrastructure 6

1.5 Implementation 6

1.6 Summary of Plan Preparation Process 6
6 2 INTRODUCTION 8

2.1 Purpose of this Specific Plan 8

2.2 Specific Plan as a Regulatory Document 8

2.3 Project Description 8

2.4 General Plan Consistency and Relationship to other Plans 9

2.4.1 Land Use Policies 9

2.4.2 Kiernan-McHenry Comprehensive Planning District 9

2.4.3 Housing Policies 10

2.4.4 Urban Growth Policy Review Report and
Measure M
11 2.5 Existing Site Conditions 11

2.5.1 Existing Circulation 12

2.5.2 Existing Utilities 15

2.5.3 Existing Environmental Conditions 19
3 SPECIFIC PLAN ELEMENTS 22

3.1 Land Use Plan 22

3.2 Housing Plan 25

3.3 Public Facilities Plan 25

3.3.1 Irrigation Systems 25

3.3.2 Water 28

3.3.3 Wastewater System 30

3.3.4 Stormwater Drainage Plan 33

3.3.5 Utilities Plan 36

3.4 Circulation Plan 38

3.4.1 External Rights-of-Way 38

3.4.2 Founders Point East Streets 40
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3.5 Conceptual Grading Plan 45
4 DEVELOPMENT STANDARDS 45

4.1 Low Density Residential (LDR) 45

4.2 Business Park (BP) 46
5 DESIGN GUIDELINES 47

5.1 Overall Founders Point East Site Planning Design Concept 47

5.2 Low Density Residential (LDR) 47

5.2.1 Site Planning Guidelines 48

5.2.1.1 Conceptual Site Plans 48

5.2.1.2 Parking and Garages 48

5.2.2 Architectural Guidelines 49

5.2.2.1 Architectural Styles 49

5.2.2.2 Massing and Articulation 57

5.2.2.3 Building Materials and Variety 57

5.2.2.4 Roofs 58

5.2.2.5 Building Entries and Porches 59

5.2.2.6 Doors and Windows 59

5.2.2.7 Color 60

5.2.2.8 Mechanical and Utility Equipment 60

5.3 Business Park (BP) 61

5.4 Community Wide Landscaping Guidelines 61

5.5 Community Wide Wall and Fencing Guidelines 61

5.6 Community Wide Signage Guidelines 65

5.7 Community Wide Lighting Guidelines 65
6 COMMUNITY SERVICES & UTILITIES 66

6.1 Public Safety 66

6.1.1 Police 66

6.1.2 Fire 66

6.2 Schools 67

6.3 Child Care 67

6.4 Solid Waste 67
7 OPEN SPACE AND RECREATION 68

7.1 Existing Open Space and Recreation Setting 68

7.2 Open Space 68
8 ENVIRONMENTAL RESOURCES 69

8.1 Environmental Restrictions 69

8.2 Environmental Reviews 69
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9 IMPLEMENTATION 70

9.1 Public Infrastructure 70

9.1.1 Overall Public Infrastructure 70

9.1.1.1 Streets 70

9.1.1.2 Sewer 70

9.1.1.3 Water 71

9.1.1.4 Storm Drainage 71

9.1.1.5 Open Space 71

9.1.1.6 Utilities 71

9.1.2 Facilities and Infrastructure Financing 71

9.1.3 Phasing 72

9.1.4 Infrastructure Funding Mechanisms 73

9.1.4.1 Community Facilities District
for Founders Point East
73 9.1.4.2 Capital Facilities Fees 73

9.1.4.3 Water Fees 73

9.1.4.4 Sewer Fees 73

9.1.4.5 Developer Installation 74

9.1.4.6 Other Financing Options 74

9.1.4.7 Public Infrastructure Design Standards 74

9.1.5 Infrastructure Maintenance 74

9.1.5.1 Public Facilities 74

9.1.5.2 Private Facilities 74

9.2 Plan Administration 75

9.2.1 Plan Adoption 75

9.2.2 Annexation 75

9.2.3 Specific Plan Administration Authority 75

9.2.4 Specific Plan Amendment Procedures 76

9.2.4.1 Minor Amendments 76

9.2.4.2 Major Amendments 76

9.2.5 Interpretation 77

9.2.6 Severability 77

9.2.7 Indemnification 77

9.3 Development Process 77

9.3.1 Tentative Subdivision Map 77

9.3.2 Development Plan Review
and Conditional Use Permit
78 9.3.3 Appeals 78

LIST OF TABLES
Table 4-1 Low Density Residential Standards 46
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Table 5-1 Plant List 62
Table 6-1 Public Service Providers 66
Table 6-2 Projected Student Generation 67

LIST OF FIGURES
Figure 1-1 Entitlement Process 7
Figure 2-1-a Plan Area and Setting Subarea A 13
Figure 2-1-b Plan Area and Setting Subarea B 14
Figure 2-2 Existing Wet Utilities 16
Figure 2-3 Existing Irrigation System 17
Figure 2-4 Existing Dry Utility System 18
Figure 2-5 Existing Topography 20
Figure 3-1 Land Use Diagram 24
Figure 3-2 Irrigation System 27
Figure 3-3 Water System 29
Figure 3-4 Wastewater System 32
Figure 3-5 Stormwater Drainage System 35
Figure 3-6 Dry Utility System 37
Figure 3-7 Circulation Plan 39
Figure 5-1 Perimeter Wall and Fence (Typical) 64
Figure 9-1 Phasing 72
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1 SUMMARY
Under California Law (Government Code Section 65450 et seq.), cities and counties may use Specific Plans to develop policies, programs, and regulations to implement the jurisdiction’s adopted General Plan for specified areas. This document explains how the Founders Point East Specific Plan contributes to the implementation of the Modesto Urban Area General Plan.

1.1 Location
The Founders Point East plan area is located adjacent to the northern city limits of the City of Modesto, within Stanislaus County, in the San Joaquin Valley of California.

The plan area is located within Modesto’s Sphere of Influence, and within the Kiernan/McHenry Comprehensive Planning District (CPD), as designated in the Modesto Urban Area General Plan. The plan area is bounded by Pelandale Avenue on the south, Tully Road on the west, Kiernan Avenue on the north, and the City of Modesto future bike path (the abandoned U.P.R.R.) on the east.

1.2 Proposed Land Uses
Founders Point East is a comprehensively planned residential development on approximately 220 gross acres in the Kiernan/McHenry CPD. The Urban Area General Plan provides for an overall density of up to 6.6 units per acre within the Kiernan/McHenry CPD. The Founders Point East will provide for 70 gross acres within the Kiernan/McHenry CPD designated as Low-Density Residential (LDR), with approximately 63.6 net acres available for development before any additional rightof-way dedication. The residential component of Founders Point East, shown as Subarea A, is projected to develop at an average density of about 6.6 du/acre, resulting in about 420 single-family units on lots ranging from 3,000 to 6,000 square feet, and provides for a range of household income levels and lifestyles. The plan will include approximately 150 acres within the Kiernan/McHenry CPD for Business Park (BP) uses, allowing for office, commercial-industrial and light-industrial uses (shown as Subarea B). The 70-acre Subarea A also includes a robust open space program, including an enhanced entry, and a linear park/basin adjacent to the City’s future bike path providing both passive and active recreational opportunities for its residents. (See Figure 3-1: Land Use Diagram)

1.2.1 Residential Density and Pattern
The 70-acre single-family or Low-density Residential (LDR) land use area will develop consistent with Chapter 4 Development Standards in this Specific Plan. Within this area, 63.6 net acres is projected to develop at an average density of about 6.6 dus/acre, resulting in approximately 420 single-family units, and includes a variety of lot sizes ranging from 3,000 sf to 6,000 sf. Lotting pattern and density will be finalized by the Tentative Subdivision Map process.
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1.2.2 Open Space
The open space program consists of 2.5 net acres of dual use park/storm basin adjacent to the approximately 1.5 acre future City Bike Path (abandoned U.P.R.R. right-of-way). In addition, a generous landscape corridor at the primary entry on Tully Road will be provided.

1.3 Streets
The plan area is bounded by three public rights-of-way, Pelandale Avenue, Tully Road, and Kiernan Avenue/State Highway CA-219. The 70-acre Subarea A is bounded by Bangs Avenue, Pelandale Avenue and Tully Road. Access to Tully Road and Bangs Avenue is provided. Local residential streets will access these two roads.

1.4 Infrastructure
Water, sewer, and police services will be provided by the City of Modesto, and fire services will be provided by the City of Modesto and the Salida Fire Protection District under the provisions of the September 13, 2022 Agreement between the City of Modesto and the Salida Fire Protection District. All plan area storm water drainage will be accommodated on the site with no routine discharges.

1.5 Implementation
Phasing of the 70-acre Subarea A is currently expected to proceed in three phases, each with two distinct villages, although modifications to this projected schedule may occur. Each phase could include sub-phases to complete build out of infrastructure and roadway improvements (see Figure 9-1: Phasing).

The 150-acre Subarea B is already partially built-out with existing industrial and warehouse uses, a church and a recreational vehicle storage facility. Further development is expected with developer demand, with new local streets accessed from Bangs Avenue and Tully Road, and infrastructure and roadway improvements extended into Subarea B as development is proposed.

1.6 Summary of Plan Preparation Process
Figure 1-1: Entitlement Process is a chart showing the steps undertaken to prepare this Specific Plan. The process mirrors the 22-step process outlined in Modesto’s Specific Plan Procedures and Preparation Guide (October 2004). It illustrates a workflow regarding the preparation of the Specific Plan and a related workflow regarding the preparation of the environmental review document. This process culminates with recommendations from the Modesto Planning Commission to the City Council regarding its certification of project’s environmental document and adoption of the Specific Plan. After approval, the City will initiate the annexation that the Local Area Formation Commission will act upon.
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Figure 1-1 Entitlement Process
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2 INTRODUCTION

2.1 Purpose of this Specific Plan
The Founders Point East plan area is within Modesto’s Planned Urbanizing Area as defined by the Modesto Urban Area General Plan. It is part of the Kiernan/McHenry Comprehensive Planning District (CPD), where Business Park, Commercial and Residential land uses are planned. The development of this plan area as Residential is consistent with the General Plan. This Specific Plan document describes the features of the land use plan and associated infrastructure and provides development standards and an implementation strategy for the proposed Founders Point East development.

2.2 Specific Plan as a Regulatory Document
California Government Code (Section 65450 et seq.) requires that a Specific Plan include text and diagrams explaining the following information, all of which is provided in this Specific Plan, as noted.
• The distribution, location and extent of land uses, including open space, within the area covered by the plan (Chapter 3);
• The proposed distribution, location, extent and intensity of major components of public and private transportation, water, wastewater, drainage, solid waste disposal, energy and other essential facilities proposed to be located within the area covered by the plan (Chapters 3, 6, and 7);
• Standards and criteria by which development will proceed, and standards for the conservation, development and utilization of natural resources, where applicable (Chapters 4 and 5);
• A program of implementation measures including regulation, programs, public works projects, and financing measures necessary to carry out the above (Chapter 9); and
• A statement of the relationship of the Specific Plan to the adopted General Plan (Chapter 2).

2.3 Project Description
The Founders Point East Project is a comprehensively planned residential development on approximately 70 gross acres in the southwest corner of the Kiernan/McHenry Comprehensive Planning District (CPD) of Modesto, California. The 70-acre Subarea A is bounded generally by Bangs Avenue to the north, Pelandale Avenue to the south and Tully Avenue to the east. The land use program provides for approximately 420 single-family residential units adjacent to a park/basin that will act as the project’s storm water infiltration basin and recreational area.

The project area also includes approximately 150 gross acres located within the #31..
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Kiernan-McHenry CPD, north of the 70-acre residential component and bounded generally by Kiernan Avenue/State Highway CA-219 to the north, Tully Avenue to the west and Bangs Avenue to the south. The land uses of the 150-acre portion, identified as Subarea B, will provide for Business Park uses as described in the General Plan of the City of Modesto.

The Specific Plan area will be annexed to the City of Modesto and the zoning will change from the Stanislaus County Agricultural (A-2-10) Zone to the City of Modesto’s Specific Plan (SP) Zone. The underlying uses of the SP Zone will be described in Chapter 3, Specific Plan Elements, below.

2.4 General Plan Consistency & Relationship to Other Plans The Founders Point East Specific Plan is consistent with the Modesto Urban Area General Plan, as amended, and the Modesto Housing Element. Pursuant to the City of Modesto Specific Plan Procedures and Preparation Guide (October 2004), this section addresses applicable Land Use and Housing policies.

In the General Plan, the community development policies noted below shape citywide development and guide development within the Kiernan/McHenry CPD. Development of land adjacent to existing development and existing city services, such as this site, is encouraged. The project contributes housing with open space and recreation areas.

Convenient commercial uses and workplaces are located within other areas of the CPD.

2.4.1 Land Use Policies
The project is consistent with the applicable Overall Land Use Policies in Section IIIC.2 of the General Plan, that promote and facilitate a fabric of complete, cohesive, pedestrian-friendly, and family-oriented neighborhoods across the entire City.

2.4.2 Kiernan/McHenry Comprehensive Planning District
The proposed project is consistent with the applicable Kiernan/McHenry Comprehensive Planning District Policies in Section III-D of the General Plan (as amended), as follows:

Exhibit III-1 Land Use Types
— Approximately 70 acres designated “Residential”
— Approximately 300 acres designated “Business Park”
— Approximately 100 acres designated “Regional Commercial” — Approximately 10,200 jobs
— Approximately 420 dwelling units
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The Founders Point East Specific Plan comprises all of the approximately 210 gross acres of designated Residential within the Kiernan/McHenry Comprehensive Planning District (CPD).

2.4.3 Housing Policies
The project is consistent with the following relevant Housing Policies in Chapter 6 of the City of Modesto Housing Element, 01/10/17, as follows:
• Policy 2.1 Promote equal opportunity for all residents to live in the housing of their choice by continuing to make a strong commitment to the issue of fair housing practices, as well as ensure that fair housing opportunities prevail for all City residents regardless of age, sex, religion, ancestry, marital status, family status, income or source of income, race, creed, national origin, sexual orientation, or disabilities.

Fair housing practices shall be implemented in the sale and lease of all residential units within Founders Point East, in accordance with all federal, state, and local laws.
• Policy 2.2 Facilitate the development of accessory units as an affordable housing alternative.

Founders Point East permits and encourages the development of secondary or accessory dwelling units (ADU).
• Policy 2.3 Facilitate the development of entry level housing as well as “stepup” housing and encourage a range of housing types to be constructed in subdivisions and large developments.

The Founders Point East Specific Plan provides a wide range of housing types that are attainable to a wide range of lifestyles and income levels. Accessory dwelling units provide opportunities for inexpensive, entry-level housing.

Smaller lot homes provide an opportunity for low to moderate cost housing, while larger lot homes allow for step-up housing opportunities. • Policy 6.1 Promote coordination between infrastructure master plans, service area boundaries, and housing plans to ensure that adequate services are available to serve expected housing growth. Direct housing to areas where infrastructure and utilities can be provided commensurate with housing production.
• The Founders Point East Specific Plan is consistent with all infrastructure master plans, service area boundaries, and housing plans, ensuring adequate services are available to serve the project.
• Policy 7.1 Encourage the development of workforce housing. #31..
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The Founders Point East Specific Plan provides a wide range of housing types that are attainable to a wide range of lifestyles and income levels. Accessory dwelling units provide opportunities for inexpensive, entry-level housing.

Smaller lot homes provide an opportunity for low to moderate cost housing, while larger lot homes allow for step-up housing opportunities conveniently located adjacent to an existing public transit line, providing easy access to multiple employment centers throughout the City.

2.4.4 Urban Growth Policy Review Report & Measure M
On November 4, 1997, the voters enacted Measure M, the “Modesto Citizens’ Advisory Growth Management Act of 1995.” The purpose of Measure M is to extend the advisory votes required by Measure A to all sewer improvements and to bring the public’s voice into decisions concerning whether or not to allow urban expansion. The Founders Point East Specific Plan project site received a Measure M vote in November 1997.

The City of Modesto Urban Area General Plan provides for a periodic review of the City’s Urban Area Growth Policy (Review). The primary purpose of the Review is to assure that there is an adequate inventory of vacant and agricultural land served with urban infrastructure to accommodate anticipated economic development during the next five years. If there is not sufficient inventory, there is a deficit in needed land and additional land should be added to the Current Inventory.

2.5 Existing Site Conditions
As shown in Figure 2-1: Plan Area and Setting, the Founders Point East plan area is comprised of twelve adjoining parcels bounded by Kiernan Avenue/CA-219 Avenue (north), Tully Road (west), Pelandale Avenue (south), and the abandoned U.P.R.R. right-of-way (east). The southerly two parcels (Subarea A) are to be utilized for residential development. Of the two parcels, the western parcel (Spanel) is 22.63 gross acres and the eastern parcel (Bangs Property LLC) is 40.93 gross acres. Thus, the plan area contains approximately 63.6 net acres of developable land for Residential uses, and the 150 acres to the north (Subarea B) are developable for Business Park uses. Both of the Subarea A parcels will be granting (with Final Maps) easements to the City of Modesto for the expansion of the surrounding rights-of way.

All other easements for rights-of-way and utility easements within Subarea B will be reserved as further development requires.

The plan area is actively cultivated agricultural land and agricultural fields lie to the north of the site. Across the City’s future bike path to the east is the Summit Corporate Center business park. The plan area and the adjoining Stanislaus County lands are zoned Agriculture (A-2-10) or Planned Industrial (PI) for the Summit Corporate Center.
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The Founders Point single-family residential subdivision lies to the west. Big Valley Grace Community Church lies to the south of the Plan area.

2.5.1 Existing Circulation
The plan area is approximately four and a half (4.5) miles from downtown Modesto and approximately three (3) miles east of Highway 99. Kiernan Avenue (State Route 219) is approximately one-half mile to the north. The plan area is bounded by four public rights-of-way. Kiernan Avenue/CA-219, on the north, is designated as a State Highway and is a six-lane expressway with center median. Tully Road, on the west, is partially improved as a principal arterial, currently consisting of 2 lanes. Pelandale Avenue, on the south, is a 135-foot wide, six-lane Class B Expressway. Planned landscaping and other amenities along Pelandale Avenue are not completed at this time. This high-capacity travel corridor is currently constructed as a six-lane road as far east as the intersection of Pelandale Avenue and McHenry Avenue. To the east, the site abuts the abandoned
U.P.R.R. right-of-way which is now owned by the City of Modesto and planned for a future bike path.

One bus route (#31) along Pelandale Avenue and Tully Road connects this area with downtown Modesto. Except for the completed bus turnout at the northeast corner of the Tully Road and Pelandale Avenue intersection, there are no sidewalks along the perimeter of the plan area.
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FIGURE 2-1-a

SUBAREA A

PLAN AREA AND SETTING
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FIGURE 2-1-b

SUBAREA B

PLAN AREA AND SETTING
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2.5.2 Existing Utilities

2.5.2.1 Water
Alongside the plan area are three City of Modesto water mains: a 16-inch and 24- inch water main within the Bangs Avenue right-of-way; a 12-inch main in the Tully Road right-of-way; and a 16-inch water main in the future City Bike Path (abandoned U.P.R.R. right-of-way). The nearest City wells are City Well No. 43 about 0.6 miles south of the site and City Well No. 48 about 0.8 miles east of the site. See Figure 2- 2: Existing Wet Utilities

2.5.2.2 Sewer
The 27-inch Modesto North Sewer Trunk Line currently ends at the intersection of Tully Road and Bangs Avenue. A 10-inch sublateral sewer line extends south down Tully Road from this point to Pelandale Avenue, then continues east on Pelandale Avenue along the entire frontage of the plan area. See Figure 2-2: Existing Wet Utilities

2.5.2.3 Irrigation
Several existing irrigation lines cross the plan area. These irrigation lines are 21-inch and 30-inch in size and are private irrigation lines used to irrigate the properties within the plan area. See Figure 2-3: Existing Irrigation System

2.5.2.4 Electrical, Gas and Cable
There are existing 12kV electrical lines on three sides of the plan area, within the Bangs Avenue and Tully Road rights-of-way, and within the future City bike path (abandoned U.P.R.R. right-of-way). Gas facilities are located on two sides of the plan area. In Bangs Avenue, there is a 12-inch transmission main and an 8-inch service main, and in Tully Road there is a 4-inch service line. Cable and telephone facilities have conjunctive use with the existing 12kV power poles. See Figure 2-4: Existing Dry Utilities
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EXISTING

DETENTION

STORM BASIN
FIGURE 2-2

SUBAREA
A

EXISTING WET UTILITIES

PELANDALE AVENUE

BANGS AVENUE

TULLY ROAD

TO EXISTING

CITY WELL

AND TANK
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TULLY ROAD

PELANDALE AVENUE

BANGS AVENUE
FIGURE 2-3

SUBAREA
A

EXISTING IRRIGATION SYSTEM
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TULLY ROAD

BANGS AVENUE

PELANDALE AVENUE
FIGURE 2-4

SUBAREA
A

EXISTING DRY UTILITY SYSTEM
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2.5.3 Existing Environmental Conditions
Almond orchards exist on both parcels.

2.5.3.1 Topography
The properties are relatively flat. Both properties of Subarea A have been contoured for agricultural use. See Figure 2-5: Existing Topography

2.5.3.2 Geology and Soils
The plan area subsurface soils consist predominantly of very loose to loose silty and relatively clean sands. Generally, these very loose to loose sandy soils are underlain by alternating layers of more dense sandy silt, silty sand and sandy clay that extended to the maximum depths explored.

2.5.3.3 Seismicity
The plan area is in Seismic Zone 3. The nearest seismic source (a Type B Fault) is located farther than 10 kilometers from the site. No seismic risks are projected for the plan area.

2.5.3.4 Drainage and Flooding
Groundwater depths are estimated at approximately 20 feet or more below the existing ground surface and is not projected to rise near the surface. No known flooding has occurred across the plan area.

The plan area properties have underground irrigation systems that manage drainage for agricultural use. Existing irrigation lines and easements shall be abandoned or relocated in conformance with Modesto Irrigation District requirements. #31..
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TULLY ROAD

PELANDALE AVENUE

BANGS AVENUE
FIGURE 2-5

SUBAREA
A

EXISTING TOPOGRAPHY
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2.5.3.5 Vegetation and Wildlife
The plan area has been actively used for agricultural purposes for over 50 years. Of the 70-acre Subarea A, mature nut-bearing trees occupy the western parcel’s almond orchard, and younger almond trees exist on the eastern parcel. Agricultural operations in the orchard, including pruning, spraying, harvesting, watering and other ground disturbances, limit the potential for most wildlife species to persist in the orchard. Some bird species and common ground animals may be attracted to the nut crops. Burrowing animals are discouraged by the farmers because of potential damage to irrigation systems.

The 150-acre Subarea B is partially developed with a warehouse/distribution center, an industrial business complex including a recreational vehicle storage facility, and the new Holy Family Church. Undeveloped portions of Subarea B are in nut tree production with one parcel currently vacant and not in agricultural production.

2.5.3.6 Community Services
The plan area will be served by the Modesto Police Department, the Modesto Fire Department and the Salida Fire Protection District under the provisions of the September 13, 2022 Agreement between the City of Modesto and the Salida Fire Protection District, Modesto City Schools and Sylvan Union School District. Solid waste management for the plan area is provided by Gilton Waste Management under contract to the City of Modesto.

2.5.3.7 Agricultural Resources
Both parcels of the 70-acre Subarea A are used for almond orchards. Currently, both parcels are under Williamson Act contracts. Contract No. 75-1981 for APN: 046-002- 001 was protested by the City of Modesto and the protest was upheld by the Local Agency Formation Commission (LAFCO) Resolution dated March 29, 1978. Contract No. 76-2108 for APN: 046-002-002 was protested by the City of Modesto and the protest was upheld by LAFCO Resolution dated April 19, 1978. The City of Modesto will not succeed to these contracts, so they will terminate upon annexation to the City.

Of the parcels of Subarea B, three are under Williamson Act Contracts: Contract No. 75-1982 for APN: 046-001-012, Contract No. 76-2108 for APN: 046-012-003 and Contract No. 76-2109 for APN: 046-012-004. Contract No. 75-1982 for APN: 046- 001-012 was protested by the City of Modesto and the protest was upheld by LAFCO Resolution dated March 29, 1976. Contracts No. 76-2108 for APN: 046-012-003 and No. 76-2109 for APN: 046-012-004 were protested by the City of Modesto and the protests were upheld by LAFCO Resolution dated March 19, 1978. As for the contracts within Subarea B, the City of Modesto will not succeed to those contracts, so they will also terminate upon annexation to the City. #31..
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2.5.3.8 Archaeological/Historical Sites
The Urban Area General Plan MEIR does not identify the site as an area expected to have Archaeological/Historical Sites (GPMEIR Chapter V, Section 8) 3 SPECIFIC PLAN ELEMENTS

3.1 Land Use Plan
The Founders Point East plan area is comprised of two subareas: Subarea A of approximately 70 gross acres designated Residential and Subarea B of approximately 150 acres designated Business Park in the Modesto Urban Area General Plan as part of the Kiernan/McHenry Comprehensive Planning District (CPD). In Subarea A, after removing existing road rights-of-way, the remaining 63.6 acres is projected to develop at an average density of about 6.6 dus/acre, resulting in about 420 singlefamily units.

The predominant land uses in the Founders Point East Specific Plan are Business Park and Residential. For the Residential component, two types of Low-Density Residential homes (LDR) are provided which are a continuation of the smaller lot homes that have been or are being constructed within the adjacent Woodglen Specific Plan located to the west (marketing name is “Founders Point”). A maximum of 420 units is permitted in the overall LDR land use designation, resulting in an average density of about 6.6 units per gross acre. Diverse housing types, sizes and styles are permitted within the LDR- designated area.

A major feature of the plan for Subarea A is the 2.5-acre park/basin that helps orient the neighborhood to the adjacent 1.5 acre future City Bike Path. The open space features an infiltration basin with a landscaped perimeter trail at the top of the basin.

Figure 3-1: Land Use Diagram regulates the location and extent of the land uses.

Low-Density Residential (LDR):

The Low-Density Residential designation provided in this Specific Plan regulates the development of Subarea A of the project and is discussed in greater detail in Chapter 4 Development Standards. Chapter 4 establishes the development standards for detached single-family homes. Uses permitted within the LDR area shall be limited to those permitted within the City’s Low Density Residential (R-1) Zone (Title 10 of the Modesto Municipal Code).

Open Space (OS):

Open space areas may include the following permitted uses: parks, playgrounds, and recreation facilities, passive or active open space, private recreation facilities, or #31..
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public facilities. Facilities inherent to the character of open space uses, such as trails and picnic areas, or ancillary facilities are also permitted.

Business Park (BP):

The Business Park designation provided in this Specific Plan regulates the development of Subarea B of the project, and is discussed in greater detail in Chapter 4, Development Standards. Chapter 4 establishes the development standards, principles and guidelines for continued development of current uses within the Subarea B. Uses permitted in the BP area shall be those permitted within the Commercial-Industrial (C-M) Zone and the Light Industrial (M-1) Zone, including Conditional Uses of the C-M and M-1 Zones upon attainment of a Conditional Use Permit by the Board of Zoning Adjustment as provided for in Chapter 9 of the Specific Plan. Uses within the Business Park area may include professional and medical office, medical clinics, hospitals or convalescent care/rehabilitation centers, research and development, and light manufacturing uses, with emphasis on the development of campus-like environments including ancillary retail and business service uses such as child daycare, adult daycare and personal services.

Conditional uses within Subarea B: multi-family residential developments specifically for workforce housing, hotels.
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3.2 Housing Plan
The Founders Point East, Subarea A housing plan includes single-family detached homes (LDR) generally designed in accordance with the City’s R-1 Zone. Following is a summary of the housing provided.

Within the LDR area, a variety of lot and home sizes and types are envisioned. The homes located along the edges of the park are designed to provide a front door or side presence, contributing to an attractive streetscape, increasing neighborhood awareness, and making these areas safer. All homes within the LDR area incorporate a high quality of architectural design with unifying and complimentary siting and scale.

Up to 420 single-family homes are allowed on the approximately 63.6 acres for an average density of about 6.6 dwelling units per gross acre, consistent with General Plan development assumptions for the site.

Specific Development Standards and Guidelines for the LDR areas are addressed in Chapters 4 and 5.

The Founders Point East, Subarea B housing plan may include multi-family residential uses as a Conditional Use, subject to a Conditional Use Permit from the Board of Zoning Adjustment. Multi-family projects with emphasis on workforce housing is highly encouraged. Density requirements for multi-family residential projects shall be in accordance with the City’s Medium Density Residential (R-2) Zone or MediumHigh Density Residential (R-3) Zone. Higher densities than provided by the R-3 Zone may be considered for multi-family development under the Affordable Housing provisions of Title 10, Chapter 8 of the Modesto Municipal Code and provisions of current State of California housing development laws.

3.3 Public Facilities Plan
This section provides plans for the removal of existing irrigation facilities and the provision of water, sewer, storm drainage, streets/walkways/bike routes and open space. Chapter 9 Implementation of the Specific Plan describes methods to fund the construction of these improvements.

3.3.1 Irrigation Systems
To implement the Specific Plan, existing irrigation facilities must be abandoned, relocated or removed. The plan area is currently within the Modesto Irrigation District (MID) service area for the supply and drainage of agricultural irrigation water.

3.3.1.1 Service Standards and Guidelines
MID has standard details, specifications, and construction guidelines for the abandonment and relocation of its facilities. MID has a general policy for the removal #31..
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of agricultural service from the District, implemented upon termination of the irrigation rights in the plan area.

3.3.1.2 Proposed Facilities
All private facilities shall be abandoned and removed unless required to be relocated by MID for downstream users of the District’s facilities. Any proposed relocation of MID’s drainage facilities shall be constructed using reinforced concrete pipe, according to MID standards. The location shall be determined by MID requirements.

Figure 3-2: Irrigation System shows a typical layout of the irrigation facilities and the proposed method of facility removal. It is possible that some irrigation line relocation may be required, depending on the areas of the project developed first, and whether some areas might stay in agriculture for some period of time. This will be finally determined at the time of submittal of tentative subdivision maps. #31..
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3.3.2 Water
The following section summarizes the water system for the plan area. The proposed system is designed to be consistent with General Plan policies and existing improvement standards. Service and maintenance of the systems shall be provided by the City of Modesto.

3.3.2.1 Existing Conditions
The plan area is currently within the City of Modesto’s planned service area with existing water mains on three sides of the project. Currently, the plan area does not receive service from the City of Modesto.

3.3.2.2 Service Standards
All of the facilities within the plan area shall be sized and constructed in accordance with the current City standards to provide the necessary water demand for domestic use, fire suppression and irrigation. Fire hydrants shall be provided along the project’s frontages in accordance with City Standards. The design of this system shall operate to meet all of the criteria established by the City of Modesto. These criteria include:
• Minimal residual system pressure is greater than 30 psi. • Fire flows must be provided with a minimum residual pressure of 20 psi or greater under maximum day scenario.
• The maximum system pressure shall be 90 psi.
• Total head loss per 1,000 lf of pipeline should not exceed 5.0 feet. • Prior to obtaining Tentative Subdivision, Parcel Map or Development Plan approvals, the proponent shall be required to demonstrate the adequate quantity and quality of water consistent with the City of Modesto General Plan.
• No future well sites are identified by City of Modesto for placement within the plan area.

3.3.2.3 Proposed Facilities
The water system is served by a looped grid system of water mains constructed in the streets and lanes. Figure 3-3: Water System shows a typical layout with connection points to existing water mains surrounding the plan area.

The water distribution system (as illustrated by Figure 3-3: Water System Subarea A) includes the main spine of the network of water mains following the east-west road. From this water main, a sub-network of looped water mains serves the various neighborhoods. A tie in point is provided to the north to the existing 16-inch line in Bangs Avenue and to the west to the existing 12-inch line in Tully Road. The size and final location of all the water lines shall be determined at the time the Tentative Subdivision Map is approved and final maps and improvement plans are prepared. #31..
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For Subarea B, water line placement and sizing shall be determined as new development is proposed and improvement plans are prepared. #31..
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3.3.3 Wastewater System
Founders Point East shall collect the wastewater from the residences with conventional sanitary sewer facilities consisting of manholes, main sewer pipes, service laterals and cleanouts. See Figure 3-4: Wastewater System.

3.3.3.1 Existing Conditions
The plan area is currently within the City of Modesto’s planned service area for sanitary sewer service. The 27-inch Modesto North Sewer Trunk Line currently ends at the intersection of Tully Road and Bangs Avenue. A 10-inch sublateral sewer line extends south down Tully Road from this point to Pelandale Avenue, then continues east on Pelandale Avenue along the entire frontage of the plan area. In 2009, the City completed the Phase I - Treatment Plant Expansion for disposal and tertiary treatment to meet its current and future demands.

3.3.3.2 Sewer Service Standards & Guidelines
The Modesto General Plan Citywide policy mandates public sewer service for new residential developments. Consistent with this policy, the plan area is served by a public sewer system. Construction of sewer laterals shall be required to the satisfaction of the City of Modesto.

3.3.3.3 Proposed Facilities
Figure 3-4: Wastewater System illustrates the general configuration of the proposed system layout and the approximate location of the tie-in point to the City of Modesto wastewater system.

The service area limits are bounded by the plan area and no oversizing of facilities are required for the servicing area beyond the proposed service area limits. The shed area encompasses approximately 70 acres bounded on the north by Bangs Avenue, the south by Pelandale Avenue, the west by Tully Road, and on the east by the future City Bike Path (abandoned U.P.R.R. right-of-way). The shed area includes the Subarea A project area as well as portions of the surrounding rights-of-way measured to centerline. At ultimate build-out condition, the sewer system will gravity flow from the plan area in an east to west direction connecting to the 10-inch sewer sublateral in Tully Road, that will convey the sewer effluent to the 27-inch North Sewer Trunk at the intersection of Tully Road and Bangs Avenue.

The estimated wastewater flow for the plan area is 93,800 gallons per day (gpd) based on the Build-Out Flow Projections for the Residential Land Use Category (Wastewater Flow Coefficient: 1,340 gpd/gr. acre) as identified in Table 5.7 of the City’s 2016 Wastewater Collection System Master Plan.

The sewer system for the plan area is located within existing and proposed road rights-of- way. In the build-out condition, the entire plan area is served by a gravity #31..
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sewer system connecting to the 10-inch sewer sublateral in Tully Road. The size and final location of all the sewer lines shall be determined at the time the Tentative Subdivision Map is approved and final maps and improvement plans are prepared.

For Subarea B, sewer line placement and sizing shall be determined as new development is proposed and improvement plans are prepared. #31..
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3.3.4 Stormwater Drainage Plan
Storm drainage shall be collected with conventional storm drain facilities consisting of manholes, inlets and main storm drain lines. The system will be conveyed to the dual use basin/park at the east end of the plan area, adjacent to the future City Bike Path (abandoned U.P.R.R. right-of-way). On-site infiltration systems will be sized to store and infiltrate 100% of the site’s drainage per City Standards. See Figure 3-5:

Stormwater Drainage System.

Low Impact Development (LID) strategies, in compliance with LID stormwater management principles for new development, will provide volume retention at the park/basin through the use of underground pipes (french drains) and above ground storage. Stormwater treatment prior to retention will utilize treatment control methods approved by the City of Modesto.

3.3.4.1 Existing Facilities
The existing Subarea A plan area is undeveloped land and is being used for agricultural purposes. There are currently no City drainage facilities serving the site or adjoining roadways except for Pelandale Avenue where a storm drainage pipe system and a roadside swale serve the roadway’s drainage requirements.

The existing Subarea B plan area is partially developed with a warehouse/distribution center, existing industrial complex including a recreational vehicle storage facility, and the new Holy Family Church. There are currently no City drainage facilities serving the site or adjoining roadways except for Pelandale Avenue as noted above.

3.3.4.2 Service Standards and Guidelines
The Modesto General Plan calls for public storm drainage systems for all new residential development. Consistent with this policy, Founders Point East Subarea A shall be served by a public storm drainage system that is designed as a positive drainage system network. Construction of public trunk and collector storm drain lines shall be designed to the satisfaction of the City of Modesto. The determination of the fair share costs, timing and funding mechanisms for drainage will be determined at the time the Tentative Subdivision map is approved and final map and improvement plans are prepared.

The City of Modesto also requires commercial and industrial development to provide for onsite storm drainage and treatment facilities. Storm drain systems shall be designed as new development is proposed, subject to Development Plan Review or Conditional Use Permit prior to installation.

3.3.4.3 Proposed Facilities
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The stormwater drainage system consists of a series of pipe networks, curb inlets, and manholes in the streets. Figure 3-5: Stormwater Drainage System shows a typical layout with connections to the adjacent streets surrounding the Specific Plan Area.

The project will collect and infiltrate 100% of the drainage from the plan area and adjoining half street rights-of way (not including Pelandale Avenue). The selfsufficient system removes approximately 70 acres of drainage area from future CPD drainage considerations. The drainage from the surrounding streets and the plan area is picked-up and conveyed via conventional stormwater inlets, manholes and piping.

To meet stormwater quality standards, the stormwater will pass through a device(s) that removes pollutants, including gross solids, suspended solids, oil and grease, before it is discharged to infiltration basins.

The Subarea A portion of the project will consist of one drainage basin and may include underground infiltration systems such as perforated pipes. The basins and/or underground systems will collect and infiltrate storm water per City Standards. The basin will be constructed to a maximum depth of 5’ with perforated pipe beneath the surface for additional storage capacity. The size and length of perforated pipe will be determined at the time of preparation of the improvement plans. The basin together with the perforated pipe are sized to store and infiltrate the 100 year, 24 hour storm (R=2.88 inches). The outside of the basin will include a 20 feet wide landscape buffer with a continuous sidewalk/trail. This public facility is designed for positive drainage in a manner consistent with the General Plan.

The design of the storm drainage system meets all the criteria established by the City of Modesto. These criteria include:
• Basins and/or underground infiltration systems will provide storage volume to store stormwater from a 100-year, 24-hour event (R=2.88 inches). • Basins and/or underground infiltration systems will dispose (percolates) the 100-year, 24-hour (R=2.88 inches) storm event volume in 48 hours. • Stormwater is treated in accordance with the City of Modesto’s policies for stormwater quality. Stormwater entering the basin passes through an approved treatment unit or device prior to discharge.

Figure 3-5: Stormwater Drainage System illustrates the principles of the stormwater drainage system. The size and final location of all the storm drain lines and infiltration systems shall be determined at the time the Tentative Subdivision Map is approved and final maps and improvement plans are prepared.
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3.3.5 Utility Plan
The service providers identified below provide utilities, including gas, electricity, telephone, cable television and telecommunications. All such equipment shall be placed underground and located within public utility easements, and consistent with City practices. See Figure 3-6: Dry Utility System.

3.3.5.1 Gas and Electric
MID owns and maintains backbone electrical infrastructure adjacent to the plan area and will provide service to Founders Point East. Distribution lines extending into the plan area serve the specific land uses. PG&E will provide natural gas service, if applicable due to current building code standards. Trenched utilities shall be placed underground pursuant to City standards and specifications.

3.3.5.2 Cable TV - Telecommunications
Telephone and telecommunications service to the plan area will be provided by conjunctive use of existing electrical poles by AT&T. Cable television service will be provided by Comcast.
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3.4 Circulation Plan
The plan area is bounded by public roadways, but currently has no existing internal roads, as described under Existing Conditions in Chapter 2: Introduction. There are multiple connections to the perimeter public roadways, one primary entry - on Tully Road - and three secondary entries on Bangs Avenue. See Figure 3-7: Circulation Diagram. Access onto Pelandale Avenue, a Class B Expressway, is neither permitted nor provided. Access to Kiernan Avenue/CA-219 shall be limited to existing driveway entrances located along the alignment at the plan boundary; however no new accesses to the highway shall be permitted nor provided.

The Founders Point East circulation plan for Subarea A is a network of internal public streets that serve its residential areas. The streets vary in width based on function.

Descriptions of the internal local street system are provided below. They are preceded by descriptions of the two public rights-of-way adjacent to the plan area (Pelandale Avenue is not described as it is already built-out adjacent to Founders Point East).

New internal streets for Subarea B shall be designed as new development is proposed, with primary accesses allowed from Tully Road and secondary access allowed from Bangs Avenue.

The Founders Point East Specific Plan area is served by Modesto Area Transit Route 31, which currently runs along Pelandale Avenue between Tully Road and Dale Road.

The nearest existing stop is located less than one mile away, at the corner of Tully Road and Standiford Avenue. A new bus stop at the corner of Tully Road and Pelandale Avenue will serve the Founders Point East Community and the surrounding area. An additional transit stop will be provided on Tully Road in the public right-ofway to make the project “transit ready” for any future bus routes. The new transit stop is shown on Figure 3-7: Circulation Diagram.

3.4.1 External Rights-of-Way

3.4.1.1 Principal Arterial – Tully Road
Tully Road is a principal arterial street with bike lanes. One vehicular entry into Founders Point East Subarea A is planned roughly mid-way between Pelandale and Bangs Avenues. See Figure 3-7(A) for a cross-section of Tully Road adjacent to the plan area.

3.4.1.2 Minor Collector – Bangs Avenue
Bangs Avenue is a minor collector. Secondary entries into Founders Point East may be provided along Bangs Avenue. Three such entries are currently planned for Subarea A. See Figure 3-7(B) for a cross-section of Bangs Avenue adjacent to the plan area.
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3.4.2 Founders Point East Streets
Within the low-density residential areas, the cross sections of the internal streets vary to adapt to specific circumstances, as explained in this section and shown in Figures 3-7 (C) and (D). Public streetscape design is discussed in Section 3.4.4.

3.4.2.1 Parkway Residential Streets
The primary entrance is from Tully Road. The two-way entrance is a 60-foot wide right-of- way, with two 10-foot travel lanes, 7-foot parking lanes, and two 5-foot detached sidewalks set between two 8-foot parkways. There is no on-street parking on the Parkway Residential Street between Tully Road and the first on-site roundabout. The Tully Road receiving lane will be designed to the satisfaction of the City Traffic Engineer to safely accommodate traffic entering the plan area from Tully Road. See Figure 3-7(C) for a cross-section of the Parkway Residential Street.

3.4.2.3 Typical Local Streets
The conceptual two-way local residential streets have 50-foot-wide rights-of-way.

They include two 10-foot travel lanes, two 8-foot parking lanes, two 5-foot sidewalks measured from flow-line of the curb, and an additional 2-feet from back of sidewalk.

See Figure 3- 7(D) for a cross-section of a Local Residential Street.

Future internal local streets for Subarea B shall be designed as development is proposed, with cross-sections to accommodate both light vehicle and truck traffic, and designated bicycle lanes to connect to Tully Road. Ultimate approval of the street cross-sections for Subarea B shall be made by the City Engineer and Director of Community and Economic Development or designee(s).

3.4.3 Non-Motorized Transportation Plan
Pedestrian circulation is encouraged by the walkways provided within the sidewalks on both sides of the streets. Sidewalks are a minimum of 5-feet wide and comprised of concrete with scoring.

Bicyclists are able to use the local street system, where size, volume and travel speeds are conducive to shared travel. Bike lanes are provided along Tully Road, the most intensive roadway providing access to the site. These facilities provide connection to a planned Class I bike path on the south side of the Pelandale right-ofway.

3.4.4 Streetscape Plan
Founders Point East has generously-sized and extensively landscaped borders and primary entry. Internal streets provide sidewalks on both sides of the streets (See Figures 3-7(A) through (D)). Street landscaping will be provided on the exterior edge #31..
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of the plan area, along Pelandale Avenue (including the area adjacent to the Woodglen Specific Plan), Tully Road, and Bangs Avenue rights-of-way that border Founders Point East. The primary entry will receive an enhanced landscape treatment to accentuate its importance. The primary entry design shall be determined at the time the Tentative Subdivision Map is approved and final maps and improvement plans are prepared.

Landscaping along local streets is provided through front and side yard setback areas.

All streetscapes are described below. The plant palette for Founders Point East is provided in Chapter 5: Design Guidelines.

3.4.4.1 External Rights-of-Way
The description of exterior wall treatments for the perimeter is provided under Chapter 5: Design Guidelines, Section 5.6.

3.4.4.2 Primary Entry: Tully Road
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FIGURE 3.7(A)

TULLY AVENUE
FIGURE 3.7(B)

BANGS AVENUE
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3.4.4.5 Local Streets
The neighborhood landscape is defined by tree-lined local streets and curb-adjacent sidewalks. Within Subarea A, standard local streets will have drive-over curbs and 5- foot sidewalks on both sides of the street. See Figures 3-7(D): Local Residential Street. Canopy street tree species vary by sub-neighborhood.

Within Subarea B, the streetscape shall be designed as development is proposed, with cross-sections to accommodate both light vehicle and truck traffic, and designated bicycle lanes to connect to Tully Road. Ultimate approval of the street cross-sections for Subarea B shall be made by the City Engineer and Director of Community and Economic Development or designee(s).
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3.5 Conceptual Grading Plan
The Founders Point East grading plan is consistent with the City of Modesto standards and specifications and complies with Federal, State and local Stormwater National Pollutant Discharge Elimination System (NPDES) water quality objectives and requirements. The grading for new development shall maintain the relatively flat character of the site and create the dual use park/stormwater infiltration basin.

Grading operations will follow the demolition of the orchards and the removal or relocation of irrigation lines per MID standards and requirements. Cut and fill will balance on the site.
4 DEVELOPMENT STANDARDS
The residential land use designation (LDR) specified in the Land Use Diagram has been assigned minimum development standards within this chapter. If a development standard is not addressed within the Founders Point East Specific Plan, development shall occur in accordance with the City of Modesto Zoning Ordinance and the Development Standards provided in this Specific Plan. If a development standard within the Specific Plan conflicts with other applicable City Standards or Guidelines, the Development Standard in the Specific Plan shall prevail.

4.1 Low-Density Residential (LDR)
The Low-density Residential (LDR) land use designation is intended to provide singlefamily residential neighborhoods with varying lot sizes and configurations.

Low-density Residential lots consist of a variety of creative layouts. Plots studies accompanied by brief narratives and photographic examples of varying lotting patterns and associated development are included in Chapter 5: Design Guidelines.

Table 4-1: Low-density Residential Standards, provides setback requirements and other development standards. The development standards are organized into two categories: standards for 44’ x 76’ minimum lots and 50’ x 80’ minimum lots. #31..
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Table 4-1: Low-Density Residential Standards
Lot Size (Minimum) 44’ x 76’ Lot 50’ x 80’ Lot
Area, Interior Lot 3,344 SF 4,000 SF
Area, Corner Lot 4,104 SF 4,800 SF
Width, Interior Lot / Elbow Lot 44’ / 25’ 50’ / 25'
Width, Corner Lot 54’ 60’
Setbacks (Minimum)
Front Yard
First Floor (Living Area / Porches) 15’ /10’ 15’/10’
Second Floor 15’ 15’
Garage (Entry) (1) 20’ 20’
Side Yard
Interior (First and Second Floor) 5’ 5’
House on Side Street 15’ 15’
Rear Yard
House 10’ 10’
Garage 10’ 10’
Patio Covers 7’ 7’
Coverage (Maximum)
Site Coverage 60% 55% (2)
Height (Maximum to ridge)
Height Limit 30’ (2 Stories)
Private Open Space (Per Unit)
Minimum Area(3) 400 SF
15’
500 SF
Minimum Dimension 15’
Common Open Space (Per Unit)
Minimum Area 250 SF 250 SF
Parking -
Spaces Per Unit 2(4,5) 2(4,5)
(1) Setback is to be 20’ from back of sidewalk.
(2) May exceed coverage up to 60% for outdoor “California Rooms” (3) Private open space refers to the aggregate private yard area provided within a single lot. Private yard area may be provided in more than one location on the lot and is not required to be contiguous. (4) Studio or one-bedroom accessory dwelling units do not require additional parking off-street. (5) The Director will have authority to review projects that propose tandem garage parking spaces.

4.2 Business Park (BP)
The Business Park (BP) land use designation is intended to allow for the continued use of existing commercial, industrial and institutional uses within Subarea B, and provide for new uses that fall within the allowable and conditional uses of the Commercial-Industrial (C-M) and Light Industrial (M-1) Zones of the Municipal Code.

Those uses that are conditional shall require the issuance of a Conditional Use Permit by the Board of Zoning Adjustment in accordance with Title 10, Chapter 9, Article 7 of the Modesto Municipal Code, prior to commencement of development. The intent of the Business Park land use designation is to provide for light industrial and employment-intensive uses in an aesthetically attractive campus-like setting. #31..
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5 DESIGN GUIDELINES
The following design guidelines provide direction to developers and home builders within Founders Point East towards practical site planning standards and highquality home designs that ensure the creation of a first-class residential community. The following guidelines are not intended to overly restrict creativity but rather ensure the creation of an attractive and authentic neighborhood. Homes within Founders Point East should combine individuality and authenticity with quality design and construction to create charming and appealing neighborhoods.

Landscaping should enhance street life and distinguish special places in Founders Point East.

The following design guidelines supplement the City of Modesto Guidelines, if a design guideline is omitted or not specified in this Specific Plan, development should refer to the Modesto Guidelines.

5.1 Overall Founders Point East Site Planning Design
Concept
Founders Point East is comprised of two areas: Subarea A for Low Density Residential (LDR) uses and Subarea B for Business Park (BP) uses.

Founders Point East Subarea A is characterized by tree-lined neighborhoods. A 2.5- acre park, located on the eastern edge of the community, is connected to the future City Bike Path. The park provides an opportunity for passive and active use in a lush, landscaped environment. Landscape amenities will distinguish Founders Point East from other neighborhoods, becoming a source of pride for residents. Street landscaping and distinctive home design throughout the neighborhoods affirm the character of this quiet, high quality residential area.

Subarea B is partially developed with existing industrial and warehouse/distribution center uses, recreational vehicle storage facilities and the newly constructed Holy Family Church. To accommodate those uses and future uses of similar type, the land use designation is to be Business Park (BP) allowing for permitted and conditional uses of the Commercial-Industrial (C-M) and Light Industrial (M-1) Zones of the City. The character of new development should emulate campus-like environments with distinctive landscape amenities and attractive architectural design.

5.2 Low-Density Residential (LDR)
The Low-Density Residential (LDR) land use designation applies to all single-family homes in Founders Point East. Basic design principles can be applied to all singlefamily homes to ensure the creation of attractive architecture. The following design guidelines address the design and placement of the individual design features of each building as well as the overall mass and scale of individual buildings and their #31..
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relationship to streetscape. The overall intent is to display cohesive architecture in style and size with the adjacent Woodglen Specific Plan (marketing name Founders Point).

5.2.1 Site Planning Guidelines

5.2.1.1 Conceptual Site Plans
Low-density single-family homes within Founders Point East will be thoughtfully sited during preparation of the tentative maps to create a superior street scene along the main east/west circulation route and accentuate the project’s connectivity between Tully Road and its park area as the focal point of the community.

Founders Point East consists of a variety of lot sizes which create distinctive neighborhoods and villages within the community.
• Lot: Garage access is from the public street and lots generally maintain a rectangular geometry. Lots include functional style floor plans that have been scaled to fit a smaller building envelope. These lots should exhibit a variety of setbacks and garages should either be flush with or slightly recessed from the front feature of the home.

5.2.1.2 Parking and Garages
Garage Placement and Variety
Using one or more of the following techniques should reduce the impact of garages on the streetscape:
• Vary garage placement within neighborhood plotting plan: Garage placement can be varied by alternating front setbacks and can also be alternated along the streetscape to minimize similar looking garages immediately adjacent to one another.
• Vary garage placement from plan to plan: When possible, garage placement should be varied among floor plans to provide an assortment of setbacks or configurations.
(1) Garage Flush: located flush with the home’s front facade. (2) Shallow Recess: located slightly behind the home’s front facade. • Vary garage door appearance: Garage door patterns, styles, windows and/or colors as appropriate to the architectural style can be varied from plan to plan.
• Provide Optional treatments: Optional treatments such as trellises, trim and landscape treatments contribute to a diversified garage door appearance.
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5.2.2 Architectural Guidelines

5.2.2.1 Architectural Styles
A unified architectural theme in conjunction with the Woodglen Specific Plan (marketing name Founders Point) provides Founders Point East with a distinctive yet familiar identity and expresses a respectful integration of building structures within the surrounding natural and built environments. To create a consistent architectural theme for Founders Point East, a palette of architectural styles has been created for each lot type. Should a builder/developer propose an alternate style not represented in this specific plan, the applicant can submit for design review approval by the City's Director of Community and Economic Development.

Buildings within the plan area should be designed with these architectural styles in mind and should include architectural elements that authentically represent that style. Roof forms, colors, materials, and secondary architectural elements such as windows and doors should all play a major role in defining the architectural style of the building. Proper scale and proportion are also important to establishing the overall architectural theme of individual buildings. The following pages provide renderings of contemporary style interpretations to be approved for each lot type.

Adherence to these architectural styles conveys a sense of high quality design and authenticity. Equally as important, the placement and variety of these elevations within Founders Point East should convey a sense of diversity and thoughtful planning. In order to achieve this, the following guidelines have been established:
• Each floor plan should provide a minimum of three architectural elevation styles to ensure variety in the street scene.
• Homes with identical floor plans and elevation styles should not be plotted immediately adjacent to or across the street from one another. • Homes with similar elevations located adjacent to or across the street from one another should use distinctive color/material palettes and different roof colors.
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5.2.2.2 Massing and Articulation
Providing variation in massing and articulation is essential to the creation of dynamic and attractive street scenes. In order to avoid the appearance of boxes along the street, homes should include a variety of elements that reduce the overall mass of the building and create an individual massing character for each home. Articulation may be achieved by providing recessed windows or enhanced window treatments such as wood trim, stucco surrounds or shutters if they are appropriate to the architectural style.

Massing and articulation should not be limited to the street facing elevation but should also include any elevation visible to the general public including but not limited the side elevation of corner lots and the second story elevation of lots backing up to major roadways such as Tully Road, Bangs Avenue or Pelandale Avenue. This can be accomplished by enhancing an interior lot plan for use on the corner with additional architectural elements and/or details as found on the front elevations improves neighborhood quality.

The following guidelines help achieve variety in massing and articulation:
• Building heights, roof planes and building walls should be slightly varied to minimize the apparent mass of the building, when appropriate to the architectural style.
• Front yard setbacks should also be varied whenever possible to provide variety and interest to the street scene.
• Three dimensional elements such as recessed windows, moldings, dormers, pilasters or any other elements that provide visual interest and articulation are encouraged to reduce the apparent mass of the building and break up large expanses of walls and roofs.
• Materials used as major surface treatments at front elevations, should be wrapped to interior side elevations a minimum distance appropriate to the architectural character to avoid the appearance of artificial facades. • Side elevations of buildings located on corner lots or abutting public open space areas should be designed to address the adjacent side street or open space by wrapping materials from the front of the house to a small portion of the side elevation.
• Special attention should be paid to the second story portion of side and rear elevations facing public roadways, open space and trails by including a variety of window treatments, roof projections and architectural details to provide variety and articulation.

5.2.2.3 Building Materials and Variety
Providing a diverse palette of materials adds variety and interest to the street scenes.

Materials should be selected appropriately by style, but should vary between styles to allow for an eclectic mix of textures and colors. Materials should not only be authentic to style, but should also be applied so they do not appear false. The following guidelines address the selection and application of materials:
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• Materials should be carefully selected to be consistent with the overall architectural style of each home.
• Materials should provide variety and interest while complementing other materials and architectural details.
• Materials should be carefully applied to all homes to create depth and contrast for design features and building articulation.
• Materials should be applied in a consistent and coherent manner to avoid a piecemeal appearance.
• Materials that wrap from the front elevation to side elevations should terminate in a manner that expresses the home’s character and style and should occur on an inside corner, behind a fence line or in another logical location to avoid the appearance of a false façade.
• Materials should convey the impression of high quality architecture and durability.
• Gutters, downspouts, vents and other roof appurtenances should be finished to complement the materials and colors of the main residence. • A minimum of two building material styles should be used within Founders Point East.
• Color accents throughout the project should be complementary. • Exterior lighting fixtures should be consistent with the architectural style of the home.

5.2.2.4 Roofs
Rows of homes seen from a distance or along major roadways are perceived by their contrast against the skyline or background. The dominant impact is the shape of the buildings and roofline. Articulation of building mass and rooflines express a variety of conditions, minimizing the visual impact of repetitious flat planes, similar building silhouettes and similar ridge heights. This can be achieved by using a variety of front to rear, side-to-side, gabled and hipped roofs and/or by the introduction of single story elements. The following guidelines encourage varied roof forms within the same streetscape.
• Roof pitches, forms and materials should be consistent with the architectural style of the home and should vary between elevation styles. • Roofline should be varied between plans to express a variety of conditions within the same streetscape and minimize the visual impact of repetitious flat planes, similar building silhouettes and similar ridge heights. • Each building should use a combination of compatible front gabled, hipped, cross- gabled, cross-hipped or combined hipped-and-gabled roof forms to avoid long expanses of roof planes. Architectural elements such as dormers may also be used to break up large roof planes.
• Roofing materials should be selected to provide interesting colors, texture and shadow relief.
• Similar roofing materials should include at least two variations in color that can be incorporated into the overall color and material palette. #31..
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5.2.2.5 Building Entries and Porches
Building entries and porches play an important role in creating a welcoming façade and establishing curb appeal. Entries and porches oriented toward the street activate the street scene by encouraging residents to spend time in their front yards and on porches where they can interact with neighbors and friends. This active participation in the neighborhood creates a sense of community and safety by placing “eyes on the street” and allows residents to monitor activities in the vicinity. The following guidelines promote a sense of community through entry placement and design:
• Primary entrances and porches, if applicable, should be oriented toward the street to promote a “friendly” welcoming face toward the neighborhood. • Front porches, if applicable, should be located in front of the leading edge of the garage.
• Architectural elements such as porches should be designed proportionally to the overall scale and massing of the main structure.
• Primary entries should be clearly defined and accentuated with lighting, added texture, and landscaping or contrasting color materials. • Exterior lighting should be provided at the primary entrance to all buildings to enhance the entry.

5.2.2.6 Doors and Windows
The size and shape of doors and windows contribute to establishing the overall architectural style of a home. The location, size, shape and type of windows also help create variety and interest by breaking up the overall mass of individual homes and add to diversity in the street scene. Recessed windows add depth while additional enhancements such as wood trim, stucco surrounds, pot shelves, and shutters, appropriate to the architectural style, add texture and contrast. Enhanced landscaping and lighting near doorways establish the entry as a focal point for the home, making the home more inviting. The following guidelines ensure windows and doors contribute to the quality and authenticity of each home. • Corner and second story rear elevations exposed to public streets, public open spaces or other areas visible to the public, should have window and door trim treatments that express the same architectural character as treatments on the front façade.
• Windows on front elevations and side corner elevations should be placed and designed to maximize views to the street and common open spaces to provide “eyes-on-the- street” safety.
• Doors and windows should be designed proportionally to the overall scale and mass of the building.
• The location, size, shape and type of windows and doors should be consistent with the architectural style of the home. In addition, enhanced window and door treatments should also be consistent with the architectural style of the home.
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5.2.2.7 Color
Color provides a simple yet highly effective means for creating diversity between homes within a single street scene. Color should be thoughtfully and carefully selected to provide an assortment of compatible yet unique palettes. The following guidelines should be considered when creating color palettes for Founders Point East:
• Each product type should include a minimum of nine (9) compatible color palettes.
• Colors, including roofing colors, for individual homes should be carefully coordinated to be harmonious with one another and consistent with the overall architectural style.
• Colors and materials should provide variety and interest but should be complementary throughout Founders Point East.
• Colors should be carefully applied to all homes to create depth and contrast for design features and building articulation.
• Bright, glaring colors should be avoided.
• All color changes must occur on an inside wall plane. • On the side elevation return, color changes should terminate in a manner consistent with the home’s architectural character.
• A minimum of two colors should be used on each building elevation in addition to a trim and roof color. A different material counts as a color (i.e. stone, brick, wood, masonry, or shingle).
• Color accents throughout the project should be complementary.

5.2.2.8 Mechanical and Utility Equipment
Mechanical and utility equipment, such as air conditioning units, satellite dishes, trash containers, and utility meters, can detract from the overall look of a home. Therefore, every effort should be made to diminish the impact of this equipment on the streetscape. The following guidelines seek to reduce the appearance of these items. • To the greatest extent possible, mechanical and utility equipment should be strategically placed or screened from public view. Equipment screening should be designed to blend with the building through the use of landscape materials, building materials and/or colors consistent with the main residence. • When screening is not possible, equipment visible by the public should be designed to blend with the building through the use of materials and color consistent with the main residence.
• Roof mounted equipment is not permitted, except satellite dishes under 3 feet in diameter. These must be mounted on the rear third of the roof where least visible.
• Storage areas for trash, recycling and yard waste containers should be provided in garages or side and rear yards to conceal them from public view on non-collection days.
• Air-conditioning condenser units may not be installed inside side yards. No window- or roof-mounted condenser units or related equipment are allowed. #31..
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5.3 Business Park (BP)
The Business Park (BP) land use designation applies to new development within Subarea B and future expansion of existing uses within the area. The intent of the land use designation is to provide for light industrial and employment-intensive uses in an aesthetically attractive campus-like setting.

Site design shall be in accordance to Title 10, Chapter 4 of the Modesto Municipal Code for Commercial-Industrial (C-M) and Light Industrial (M-1) uses and architectural standards shall meet or exceed the policies of the City of Modesto Commercial and Industrial Design Guidelines, adopted by City Council Resolution No. 2006-587 on September 12, 2006.

5.4 Community Wide Landscaping Guidelines
The grandest landscape elements are intended for the park/basin at the eastern edge of Founders Point East. The primary entry on Tully Road will also receive special treatment with heritage trees. The primary entry design shall be determined at the time the Tentative Subdivision Map is approved and final maps and improvement plans are prepared. Local streets will have various street trees chosen for the interest and character they create and ease of maintenance, as Table 5.1: Plant List and Figure 5-12: Plant Imagery indicate.

A coordinated ensemble of landscape furniture is used in the Founders Point East open space and park areas. Pairings of benches and picnic tables are provided in the active park area.

5.5 Community Wide Wall and Fencing Guidelines
Walls are provided around the perimeter of Founders Point East Subarea A.

Along Pelandale Avenue, a Class B expressway, a continuous split-face block wall with vines is provided. On Bangs Avenue and Tully Road an enhanced wood fence is employed. Openings may occur to provide pedestrian, bicycle and vehicle access to/from Founders Point East Subarea A. See Figure 5-13:

Perimeter Wall and Fence (Typical).

Walls and fences for development within Subarea B shall be either decorative wrought-iron or decorate concrete masonry wall with cap treatment. Where any concrete wall faces street frontage or is visible from a street, wall design shall include landscaping with vines (as shown in Figure 5-13) to deter graffiti.

Openings may occur to allow for pedestrian and bicycle access to and from Subarea B. Setbacks for all fences and walls along street frontages shall be ten feet from the front and street side property lines at minimum, and setbacks shall be landscaped with trees and shrubs/accent plantings from the Table 5- 1 Plant List below.
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Table 5-1: Plant List
• Perimeter Street Trees (Under Power Lines)
- Cercis occidentalis – Western Redbud
- Lagerstroemia indica ‘Muskogee’ – Muskogee Crape Myrtle - Lagerstroemia indica ‘Natchez’ – Natchez Crape Myrtle • Perimeter Accent/Background Trees
- Carpinus betulus ‘Fastigiata’ – European Hornbeam
- Cupressus sempervirens – Italian Cypress
- Juniperus chinensis ‘Torulosa’ – Hollywood Juniper
- Podocarpus macrophyllus – Shrubby Yew Podocarpus
- Quercus x ‘Nadler’ – Kindred Spirit Oak
• Perimeter Specimen Trees
- Cercidium x ‘Desert Museum’ – Desert Museum Palo Verde - Chilopsis linearis - Chitalpa
- Chilopsis tashkentensis - Chitalpa
- Olea europaea ‘Field Grown’ – Field Grown Olive Tree
• Backbone Street Trees
- Acer rubrum – Red Maple
- Ginkgo biloba ‘Autumn Gold’ – Autumn Gold Maidenhair Tree - Ginkgo biloba ‘Princeton Sentry’ – Princeton Sentry Maidenhair Tree - Nyssa sylvatica – Tupelo
- Pinus canariensis – Canary Island Pine
• Backbone Specimen Trees
- Acer buergeriaum – Trident Maple
- Cercidium x ‘Desert Museum’ – Desert Museum Palo Verde - Quercus suber – Cork Oak
• Village Entry Trees
- Cercis occidentalis – Western Redbud
- Cotinus coggygria – Smoke Tree
- Lagerstroemia indica ‘Muskogee’ – Muskogee Crape Myrtle - Lagerstroemia indica ‘Natchez’ – Natchez Crape Myrtle - Pinus canariensis – Canary Island Pine
- Prunus cerasifera ‘Purple Pony’ – Purple Pony Plum
- Magnolia grandiflora ‘St. Mary’ – St. Mary Magnolia
• Village Interior Street Trees
- Acer rubrum ‘October Glory’ – October Glory Maple
- Fraxinus oxycarpa ‘Raywood’ – Raywood Ash
- Ginkgo biloba ‘Autumn Gold’ – Autumn Gold Maidenhair Tree - Koelreuteria bipinnata – Chinese Flame Tree
- Laurus nobilis ‘Saratoga’ – Saratoga Laurel
- Pistacia chinensis ‘Red Push’ – Red Push Pistacia
- Quercus ilex – Holly Oak
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- Ulmus parvifolia ‘Drake – Drake Chinese Elm
- Zelkova serrata ‘Village Green’ – Village Green Zelkova • Groundcovers
- Baccharis pilularis ‘Twin Peaks’ – Twin Peaks Coyote Bush - Coprosma kirkii – Mirror Bush
- Cotoneaster dammeri ‘Lowfast’ – Bearberry Cotoneaster - Juniperus conferta – Mountain Cedar Juniper
- Myoporum parvioflium ‘Putah Creek’ – Putah Creek Myoporum - Rosmarinus officinalis ‘Huntington Carpet’ – Huntington Carpet Rosemary - Trachelospermum asiaticum – Asian Jasmine
- Vinca minor ‘Bowles’
• Grasses and Grass-like Plants
- Calamagrostis acutiflora ‘Karl Foerster’ – Feather Reed Grass - Chondrapetalum tectorum – Cape Rush
- Dianella caerulea ‘Cassa Blue’ – Flax Lily
- Dianella revoluta ‘Variegata’ – Variegated Flax Lily
- Festuca mairii – Atlas Fescue
- Lomandra longifolia ‘Breeze’ – Breeze Mat Rush
- Lomondra longifolia ‘Platinum Beauty’ – Platinum Beauty Mat Rush - Muhlenbergia rigens – Deer Grass
- Muhlenbergia capillaris ‘White Cloud’ – White Cloud Muhly Grass - Poa cita – Alpine Bluegrass
• Accent Plants
- Agapanthus africanus ‘Peter Pan’ – Peter Pan Agapanthus - Dietes ‘spp’ – African Iris
- Hemerocallis x ‘Cranberry Baby’ – Cranberry Baby Daylily - Lavendula stoechas ‘Otto Quast’ – Otto Quast Spanish Lavender - Penstemon heterophyllus ‘Margarita Bop’ – Margarita Bop Penstemon - Rosa ‘spp’ – Rose
• Hedges
- Ligustrum japonicum ‘Texanum’ – Texas Japanese Privet - Olea europaea ‘Little Ollie’ – Little Ollie Olive
- Prunus caroliniana ‘Compacta’ – Compact Cherry Laurel - Rhaphiolepis umbellate ‘Minor’ – Dwarf Yedda Hawthorn - Xylosma congestum ‘Compacta’ – Compact Xylosma
• Medium-Height Shrubs
- Abelia x grandiflora ‘Edward Groucher’ – Glossy Abelia - Arctostaphylos densiflora ‘Howard McMinn’ – Howard McMinn Manzanita - Callistemon viminalis ‘Better John’ – Better John Bottlebrush - Lantana ‘New Gold’ – New Gold Lantana
- Rhaphiolepis indica – Indian Hawthorn
- Rosmarinus officinalis ‘Blue Spires’ – Blue Spires Rosemary - Teucrium lucidrys - Germander
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5.6 Community Wide Signage Guidelines
Plaque signage is provided on the pilasters at all entries into the plan area. Additional directional signage should be placed at the recreation area. The signage should be consistent in character, subtle and understated since the central open space provides a strong defining landscape for Founders Point East.

Signage or materials derivative of the gateway signage should also be placed at each corner of the plan area on exterior walls to signify Founders Point East’s presence in the Modesto community.

Signage within Subarea B shall be in accordance with Modesto Municipal Code Title 10, Chapter 6 for Commercial-Industrial (C-M) and Light Industrial (M-1) uses. Any freestanding signage shall be monument-type; pole signs shall not be allowed within the Specific Plan.

Where multiple tenants occupy the same site, individual wall-mounted signs may be used in combination to the maximum allowed wall sign area per the Municipal Code.

The use of backlit individually cut letter signs or channel letter signs are highly preferred over cabinet signs. Lighting for signs shall not create any hazardous glare for pedestrians or vehicles, nor spill into nearby residential areas.

5.7 Community Wide Lighting Guidelines
Street lighting should occur within the public utility easement on every street in a triangular spacing. Lighting should, at minimum, consist of City standard light poles and fixtures. Where feasible, enhanced lighting standards should be used. At the edge of the park/basin, fixtures light along the landscaped area and the trail should be used.

Within Subarea B, building and parking lot lighting shall not intrude into the residential areas. Site design of any new development or expansion of existing development shall demonstrate with a photometric study the adequate shielding of light fixtures to prevent light spillage into residential areas. #31..
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6 COMMUNITY SERVICES & UTILITIES
Community facilities and services, including fire, police, schools, childcare and solid waste are described below and summarized in Table 6-1: Public Service Providers.

Table 6-1: Public Service Providers

6.1 Public Safety

6.1.1 Police
The plan area will be served by the Modesto Police Department. The Modesto General Plan provides Citywide goals and policies for police services that would apply to the plan area.

6.1.2 Fire
The plan area will be served by the Modesto Fire Department, with additional service by the Salida Fire Protection District (District) per the September 13, 2022 Agreement between the City of Modesto and the Salida Fire Protection District, unless the Local Agency Formation Commission agrees to allow detachment of the annexation area from the Salida Fire Protection District. The Modesto Fire Department provides fire protection to the City of Modesto and surrounding unincorporated areas. In addition to fire prevention and control services, it provides emergency medical services, emergency preparedness and mitigation of hazardous incidences.

City of Modesto Fire Station 11 operates at the corner of Carver Road and Pelandale Avenue. Primary service for the plan area would originate from Station 11 and additional service may be provided from the Salida Fire Protection District located at 4820 Salida Boulevard. First and full responses can be made from Station 11, based 1 Fire protection services to be provided by the City of Modesto Fire Department and the Salida Fire Protection District per the September 13, 2022 Agreement between the City of Modesto and the Salida Fire Protection District.

Service Provider
Fire1 Modesto Fire Department
Salida Fire Protection District
Police Modesto Police Department
Schools Sylvan Union School District
Modesto City School District
Solid Waste Gilton Waste Management
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on existing apparatus, equipment and personnel levels. Secondary service would be feasible and available from Modesto Fire Station 5 located at 200 West Briggsmore Avenue and Modesto Fire Station 6 located at the corner of Hahn Drive and Standiford Avenue.

6.2 Schools
The plan area is served by Sylvan Union School District for K-8 and by Modesto City Schools at Gregori High School for grades 9-12. The estimated student generation from Founders Point East is shown in Table 6-2: Projected Student Generation.

Table 6-2: Projected Student Generation
Grade Level K-5 6-8 9-12
Single-family Homes (420) 126 84 84
Total 126 84 84

6.3 Child Care
Small Family Residential Child Care businesses (six or fewer children) and Large Family Residential Child Care businesses (7-14 children) are permitted uses in homes within Subarea A (as allowed by City) or in the private recreation facility. New businesses which establish within Subarea B Business Park may elect to offer on-site Child Day Care services as an employee amenity, and commercial Child Day Care Centers would be a permitted use among the allowable uses of Subarea B.

6.4 Solid Waste
The plan area is currently served by Gilton Waste Management. Based on service projections for the plan area, an adequate future level of service will be provided.

No solid waste facilities are located within the plan area. #31..
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7 OPEN SPACE & RECREATION

7.1 Existing Open Space and Recreation Setting
There are two existing neighborhood parks in the vicinity of Founders Point East:

Wesson Ranch Park about ½ mile to the south, and Aqueduct Park is about ¾ mile to the southwest. There is also a park/basin being constructed just to the west of Tully Road in Founders Point.

The Modesto General Plan calls for a seven-acre minimum neighborhood park in the Stanislaus Park Planning Area, of which Founders Point East is a part. The Founders Point East Specific Plan is not central to the Stanislaus Park Planning Area, and will not contain a neighborhood park. The parks acreage standard for neighborhood parks is 1 acre of park per 1,000 population within the Park Planning Area, and 2 acres of Community Park per 1,000 population and a minimum size of 40-acres within the Community Park Service Area.

Assuming 420 dwelling units within Subarea A, and a population of about 3 persons pre dwelling unit, Founders Point East could have a population of about 1,260 persons, resulting in a demand for about 1.26 acres of neighborhood park area.

Within Subarea A of Founders Point East, a 2.5 net acre dual use park/basin is proposed. The design of the dual use park/basin will be determined at the time a Tentative Subdivision Map is approved and final maps and improvement plans are prepared.

Park credit may be requested for the new park/basin, so the developer will pay Capital Facilities Fees to the City toward the development of parks and a community park in Northwest Modesto. Developer and City will discuss the amount of creditable park area that may be subject of park fee offsets. The open space areas in the plan are designed to accommodate passive and active recreation activities, but do not contribute acreage to the neighborhood and community park acreage requirements.

7.2 Open Space
The Founders Point East residential area (Subarea A) is oriented toward a 2.5 net acre dual use park/basin at the eastern edge of the site. The 2.5 net acre dual use park/basin is intended for both passive and active recreational uses, and may include the following amenities: a tot lot, a community garden, barbeque and picnic area, and outdoor exercise area. This park/basin has been located immediately next to the approximately 1.5 acre City owned future City Bike Path (abandoned U.P.R.R. right-of- way). This creates the opportunity for up to 4 acres of open space at the eastern edge of the project.
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8 Environmental Resources

8.1 Environmental Restrictions
The Developer is placing one environmental restriction upon Founders Point East housing design: No wood-burning fireplaces or stoves will be allowed.

Applicants for future development projects are recommended to conduct Phase I and if necessary, Phase II environmental site assessments for sites containing or formerly containing residences or farm buildings/structures, with findings reported to the City and the County’s Department of Environmental Resources. Any appropriate remediation should occur prior to final occupancy of the approved development.

8.2 Environmental Review
A Mitigated Negative Declaration (MND) has been prepared for the Founders Point East Specific Plan, pursuant to the California Environmental Quality Act (CEQA) and State CEQA Guidelines. The purpose of the MND is to determine the potential significant environmental impacts of the proposed project and identify any feasible mitigation measures that are available to offset those impacts. The Founders Point East MND was prepared pursuant to Section 15178 of the CEQA Guidelines, and analyzes the impacts of this specific project that were not considered in the General Plan Master EIR. Mitigation measures contained in the adopted MND will apply to the project.
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9 IMPLEMENTATION
The Founders Point East Specific Plan is comprised of two subareas: Subarea A with residential areas, a dual-use park/basin with open space features, an internal local public street system, and a self-contained project storm drainage system, and Subarea B allowing for future development of Business Park uses as outlined in Section 2. Improvements to adjacent, off-site public rights-of-way and infrastructure connections to the citywide street system, potable water system, wastewater system and dry utilities are also provided.

This chapter focuses on how these elements of the Specific Plan will be implemented.

It includes descriptions of phasing, funding mechanisms and implementation concepts, and entitlement processing.

9.1 Public Infrastructure
Founders Point East public infrastructure must be funded and constructed in a timely and logical manner that ensures public health and safety and provides a livable community at all times. Public infrastructure is a combination of “backbone” infrastructure that benefits the broader community and “project-specific” infrastructure that primarily benefits Founders Point East. The financing of backbone and project-specific infrastructure may be a combination of fees, project-wide financing and developer funding. Backbone and project-specific infrastructure improvements include streets, sewer, water, storm drainage, open space and utilities.

9.1.1 Overall Public Infrastructure
Founders Point East’s backbone infrastructure elements are:
• improvements to two adjacent perimeter public rights-of-way (Tully Road and Bangs Avenue)
• The Founders Point East dual use park/basin.

9.1.1.1 Streets
Backbone street improvements include perimeter principal arterial (Tully Road) and collector street (Bangs Avenue). Improvements to Pelandale Avenue are part of an ongoing Capital Facilities Project by Modesto. Project-specific public street improvements include, but are not limited to, local streets (pavement, curb, gutter, sidewalk, pathways, bike lanes, landscaping, traffic control devices, gateways, and related traffic accessories).

9.1.1.2 Sewer
There are no backbone sewer system improvements. Project-specific improvements #31..
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include a system of residential sewer lines.

9.1.1.3 Water
There are no backbone water system improvements. Project-specific improvements include a network of residential water mains that tie into the existing city system.

9.1.1.4 Storm Drainage
Backbone storm drainage improvements include the dual use park/basin, and its associated infiltration system and water quality treatment features necessary to handle plan area stormwater. Project-specific improvements are on-site gravity collection stormwater lines. Future development within Subarea B will be required to handle and treat stormwater runoff on-site per City Standards and State regulations.

9.1.1.5 Open Space
There are no backbone open space improvements. Project-specific facilities include the dual use park/basin within Subarea A.

9.1.1.6 Utilities
There are no backbone utility improvements. Project-specific improvements include the extension of underground distribution lines into Founders Point East for gas, electricity, cable, telephone and telecommunications.

9.1.2 Facilities and Infrastructure Financing
Pursuant to Section 65450 et seq. of the California Government Code and as defined in Chapter 2, Section 2.1.1 of this Specific Plan, the Specific Plan includes a “program of implementation measures, including programs, public works projects, and financing measures necessary to carry out the Plan”. The Founders Point East Specific Plan provides an analysis and description of the backbone infrastructure required to serve the plan area. It includes preliminary calculations and planning level analysis to a level to confirm the sizing and capacity of facilities and their layout. The project infrastructure is discussed in detail in Chapter 3 of this Specific Plan.

The primary funding mechanisms for the backbone infrastructure will be either developer responsibility, the creation of a Community Facilities District (CFD), payment of existing City fees, or a combination of these items, as described below.

Oversized infrastructure is not expected, but if it is required, will be subject to appropriate reimbursement consistent with City policies. #31..
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9.1.3 Phasing
Phasing of Subarea A shall proceed in multiple phases, which may be moved around as development occurs. It is currently projected that the phasing of residential development in Subarea A will move east to west. The current Phasing Plan is shown below as Figure 9-1.
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9.1.4 Infrastructure Funding Mechanisms
A variety of funding mechanisms are available and commonly used to fund public infrastructure. Following are the funding mechanisms most appropriate for use in Founders Point East’s implementation.

9.1.4.1 Community Facilities District for Founders Point East A Community Facilities District (CFD) or similar mechanism provides funding for Founders Point East. A CFD is a special taxing district that provides funding for the purchase, construction, expansion or rehabilitation of any real or tangible property with an estimated useful life of five (5) years or longer. Additionally, a CFD may finance the costs of planning, design, engineering, legal assistance and other consultants involved in the construction of improvements or formation of the bonded CFD. The CFD may also cover the maintenance of applicable facilities. No final map, building permit or other development entitlement for any part of the plan area shall be deemed consistent with this Specific Plan until and unless the affected parcel(s) are annexed to the applicable CFD or other funding mechanism at the applicable rate(s) and have paid all applicable taxes and fees.

As a condition of approval for development within Founders Point East, the developer shall be required to take all actions necessary to secure and establish a City MelloRoos CFD for on- going maintenance. A CFD may also be established to fund project infrastructure. The developer shall also be required to pay all Capital Facilities Fees, sewer and water capacity charges and other development fees applicable to the property in accordance with City ordinances, resolutions, regulations, policies and procedures.

9.1.4.2 Capital Facilities Fees
Capital Facilities Fees pay for citywide improvements for arterials (Tully Road) and expressways, police and fire facilities, parks, air quality, general government, and administration.

9.1.4.3 Water Fees
There are three water fees that Founders Point East developers are required to pay for the project’s fair share of water service to the project. The Water Development Fee pays for pump stations, wells, fire hydrants and water mains 10 inches or larger. The Water Connection for New Extension Fee pays for new water mains to an existing live main for connecting a new subdivision to an existing main. The Water Service Installation Charge pays for installing the water service from the water main to the property line.

9.1.4.4 Sewer Fees
There are several sewer fees that apply to new development for the project’s fair share of sewer service. The Bond Redemption Charge pays for the Wastewater Treatment Plant and sewer trunk system throughout the city. The SubTrunk Charge pays for the construction and maintenance of subtrunk lines. The Lateral Charge #31..
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pays for specific sewer laterals that extend from the street or lane to the specific property.

9.1.4.5 Developer Installation
The developer(s) are responsible for installing the project-specific infrastructure including street dedication and improvements along the perimeter of both subareas (except Pelandale Avenue right-of- way) and within the plan area. The size, location and design of the project-specific infrastructure shall be determined at the time of the Tentative Map for Subarea A and proposed development within Subarea B.

Founders Point East developers may be required by the City to install public facilities that do not benefit the project, in part or in whole. One Founders Point East backbone improvement, the extension of the City’s North Sewer Trunk, benefits the project and other development. The developer shall pay their fair share of that type of improvement, based on an allocation established in the Founders Point East FMP/IFP.

Also, to make the improvements to Tully Road, Founders Point East may be obligated to build a 10-inch sewer line that serves development south and east of the plan area but does not serve Founders Point East. Full reimbursement to the Founders Point East developer(s) for such an improvement shall be documented in the FMP/IFP.

9.1.4.6 Other Financing Options
The IFP considers other financing options that may include, but are not limited to:

Reimbursement Agreements, Landscape and Lighting Districts, Assessment Districts, Area of Benefit Districts and/or other long range financing strategies.

9.1.4.7 Public Infrastructure Design Standards
The design of required Founders Point East public infrastructure shall be in accordance with the City of Modesto Standard Specification, 2006 Edition, or as amended by the City of Modesto and as superseded by this Specific Plan or the Founders Point East FMP. The standards applicable shall be those in effect at the time of vesting. Landscape design shall be in accordance with Chapter 1 of Title 12 of the Modesto Municipal Code and this Specific Plan. Standards in this Specific Plan shall prevail where there is a conflict.

9.1.5 Infrastructure Maintenance

9.1.5.1 Public Facilities
Sewer, water, storm drainage, roadways and open space shall be owned and maintained by the City of Modesto upon acceptance of improvements. A CFD is authorized to finance the services authorized by California Government Code Section 53313, et Seq., as may be amended from time to time. Services may include the maintenance of streets and associated facilities, open space, parkways, storm drainage and flood facilities, as well as emergency services. All applicable property must participate in the maintenance CFD. Landscape irrigation facilities within such #31..
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areas shall be owned and maintained by the City upon acceptance of improvements.

Dry utilities shall be owned and maintained by the respective utility companies.

9.1.5.2 Private Facilities
Maintenance of private common open space, landscape areas, subdivision recreation facilities and plan area entry features shall be the developer’s responsibility, and may be maintained through mechanisms such as a landscape and lighting district or homeowner’s association for that portion of the plan area. The Codes, Covenants and Restrictions (CC&R’s) for each homeowner’s association must be reviewed and approved by the City. Individual property owners shall be responsible for the landscaping and maintenance of their own private lots.

9.2 Plan Administration

9.2.1 Plan Adoption
The Founders Point East Specific Plan is approved by Ordinance [NUMBER] as approved by the City Council on [DATE] following review and recommendation by the Planning Commission. The Founders Point East Mitigated Negative Declaration was certified by the City Council as of [DATE] by Resolution [NUMBER].

9.2.2 Annexation
The entire 220-acre Founders Point East Specific Plan Area was annexed into the City of Modesto on [DATE]. The annexation of Founders Point East plan area into the City ensures that future development in the plan area is accomplished in conformance with this Specific Plan, the City’s General Plan and applicable City standards.

The annexation of Founders Point East is in keeping with the City’s intention to develop land contiguous to its city limits, as the Founders Point East plan area is in the Planned Urbanizing Area per the Urban Area General Plan and is adjacent on its southern side to Big Valley Grace Church, and on its western side to land that has been developed with housing similar to that planned within Founders Point East.

9.2.1 Specific Plan Administration Authority
The City of Modesto’s Director of Community and Economic Development Director (hereinafter referred to as Director) shall be responsible for administering the provisions of the Founders Point East Specific Plan in accordance with the provisions of this Specific Plan, the State of California Government Code, Subdivision Map Act, and the City of Modesto General Plan, and Municipal Code. #31..
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9.2.2 Specific Plan Amendment Procedures
Specific Plan amendments shall be classified as either minor or major in significance. Specific Plan Amendments shall be governed by California Government Code Section65450-65457.

9.2.2.1 Minor Amendments
Minor amendments are defined as those simple modifications to text or diagrams that do not change the meaning or intent nor are contrary to any provision of the Founders Point East Specific Plan. Approval of minor amendments to the Specific Plan may be handled administratively so long as the amendment is found to be in substantial conformance with the Specific Plan and shall not cause additional environmental impacts. The administrative approval shall be approved by the Director, or Designee, and are appealable to the Planning Commission.

9.2.4.2 Major Amendments
Major (substantial) amendments are modifications to text or graphics that change the intent, development or other significant provisions of this Specific Plan.

Major amendments: result in an increase in the maximum number of residential units; are substantial modifications in the amount of basin; are substantial changes in the general circulation system layout, or development standards and design guidelines; may cause significant environmental impact; or give rise to other issues of substance as determined by the Director, or Designee. Major modifications will require a Specific Plan Amendment and shall be approved by the City Council. Major amendments shall adhere to the following format:
• All amendments will include textual, graphic or other materials suitable to replace or augment the sections being modified.
• The applicant must provide amendments to the text using a strike-out and underline format and amendments to graphics using clouds and delta format. • The format and style of the original specific plan will be followed for ease of incorporation and consistency.
• All amendments will be analyzed by the City to ensure that the Founders Point East Specific Plan remains consistent with the Comprehensive Planning District (CPD) in which it is situated and the Urban Area General Plan.

City staff shall prepare and submit a staff report to the Planning Commission and City Council summarizing the proposed amendments to the Specific Plan. This staff report must contain statements regarding the consistency of the proposed amendments with the General Plan and the need for additional environmental review, if required.

Consistent with Government Code Section 65453, both the City Council and the Planning Commission will hold hearings on any proposed Specific Plan amendment.

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environmental effects. If it is determined that additional environmental impacts would be caused by the amendment, additional environmental review may be required (e.g., subsequent or supplemental EIR, focused EIR, new EIR or a subsequent/supplemental mitigated negative declaration).

9.2.5 Interpretation
When there is a question or ambiguity regarding the interpretation of any provision of this Specific Plan, the Director or Designee has the authority to interpret the intent of such provision. The Director, or Designee, may at their discretion, refer interpretations to the Planning Commission for their consideration and action. Such a referral shall be accompanied by a written staff analysis of issues related to the interpretation.

9.2.6 Severability
If any regulation, condition or program or portion thereof of the Specific Plan is for any reason held invalid or unconstitutional by any court or competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and the invalidity of such provision shall not affect the validity of the remaining provisions.

9.2.7 Indemnification
The Specific Plan applicant shall indemnify, defend and hold harmless the City of Modesto, its agents, officers and employees for any and all claims, actions and proceedings against the City of Modesto, its agents, officers and employees to attack, set aside, void or annul, any approval by the City of Modesto and its advisory agency, appeal board or legislative body concerning the Specific Plan and its related documents (e.g., Environmental Impact Report, Facilities Master Plan and Infrastructure Financing Plan).

9.3 Development Process

9.3.1 Tentative Subdivision Map
Tentative Subdivision Map(s) shall be submitted for Founders Point East, pursuant to the Subdivision Map Act and City of Modesto Municipal Code. These maps shall identify all development lots and the exact number of homes or the amount of square footage of any non-residential facilities for sale, lease or financing. Final Development Plan Reviews, if required for residential development of lots smaller than the lot area allowed by the Low Density Residential Zone, should be submitted with tentative maps for concurrent review and determination by the Planning Commission in a public hearing. If approved by the Planning Commission, the developer(s) reserves the right to apply for one or more Final Maps, as allowed in the Subdivision Map Act. #31..
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9.3.2 Development Plan Review and Conditional Use Permit Development Plan Review, as defined in Title 10 of the Municipal Code, shall be required prior to issuance of building permits for commercial and industrial development within the plan area, and required (if applicable) for amendments to residential architecture not approved within this Founders Point East Specific Plan.

For uses that require a Conditional Use Permit as defined in Title 10 of the Municipal Code, said use permit shall be attained by the Board of Zoning Adjustment prior to issuance of building permits.

9.3.3 Appeals
Pursuant to Title 10 of the Modesto Municipal Code, any administrative decision by the Director, or Designee, may be appealed to the Planning Commission. Any decision by the Planning Commission may be appealed to the City Council. Any decision by the Board of Zoning Adjustment may be appealed to the City Council. #31..
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6/24/2025/C&EDD/Jhill/Item xx 1 2025-

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-

RESOLUTION APPROVING THE FILING OF AN APPLICATION TO THE

STANISLAUS LOCAL AGENCY FORMATION COMMISSION FOR THE
REORGANIZATION OF APPROXIMATELY 220 ACRES LOCATED NORTH

OF PELANDALE AVENUE, SOUTH OF KIERNAN AVENUE, EAST OF

TULLY ROAD AND WEST OF THE FORMER TIDEWATER

RAILROAD/FUTURE VIRGINIA TRAIL CORRIDOR, INCLUDING RIGHTS

OF WAY ON PELANDALE AVENUE, KIERNAN AVENUE AND TULLY

ROAD, FOR ANNEXATION TO THE CITY OF MODESTO (OWNER
INITIATED—UNINHABITED)
WHEREAS, Fitzpatrick Land Development, LLC is the owner of approximately 70 acres of real property, located between Pelandale Avenue to the south and Bangs Avenue to the north, east of Tully Road and west of the former Tidewater Railroad/future Virginia Trail Corridor, and
WHEREAS, the City has received a request from the Applicant to initiate reorganization of the Property and adjacent right-of-way on Pelandale Avenue, Bangs Avenue, and Tully Road, a total of 70 acres, for annexation to the City of Modesto under the Cortese-Knox-Hertzberg Local Reorganization Act of 2000, California Government Code Section 56000, et seq, and
WHEREAS, the application was amended to propose the inclusion of additional properties located to the north of the subject site, totaling 150 acres, into the proposed annexation to the City of Modesto, said 150-acres on multiple properties bordered by Bangs Avenue to the south and Kiernan Avenue to the north, Tully Road to the west and the former Tidewater Railroad/future Viriginia Trail Corridor to the east, and WHEREAS, the City received notifications from the respective property owners of the 150-acres that the properties be included in the proposed Founders Point East Reorganization #31..
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to the City of Modesto, thereby expanding the overall annexation area to a total of 220 acres (“Properties”), and
WHEREAS, the Resolution of Application is proposed pursuant to the Cortese-KnoxHertzberg Local Reorganization Act of 2000, California Government Code Section 56000, et seq, and
WHEREAS, the Properties to be annexed are within Stanislaus County, said annexation area is contiguous to the existing City limits, and is within the Sphere of Influence of the City of Modesto as adopted by the Stanislaus Local Agency Formation Commission (LAFCO), and
WHEREAS, the Property proposed for reorganization is uninhabited as defined by Government Code Section 56079.5 (fewer than 12 registered voters), and a description of the boundaries of the subject Property is set forth in Exhibits “A” and “B”, attached hereto and by this reference incorporated herein, and
WHEREAS, Properties includes four Williamson Act contracts involving five parcels that were protested by the City of Modesto and were upheld by LAFCO, and WHEREAS, the Properties are covered by the Master Tax Sharing Agreement that address tax sharing entered into between the County of Stanislaus and City of Modesto which was approved on April 9, 1996 and revised on July 12, 2022, and WHEREAS, the annexation area received a Measure M advisory vote in November 1997, and
WHEREAS, the Properties are covered by the Master Tax Sharing Agreement that address tax sharing entered into between the County of Stanislaus and City of Modesto which was approved on April 9, 1996 and revised on July 12, 2022, and #31..
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WHEREAS, the annexation area received a Measure M advisory vote in November 1997, and
WHEREAS, the Properties have been prezoned to Prezone Specific Plan (P-SP) with land use designations for Business Park and Residential uses as set forth in the Founders Point East Specific Plan, and
WHEREAS, pursuant to Government Code Section 56653, a plan for providing services is set forth in Exhibit “C”, attached hereto and by this reference incorporated herein, and WHEREAS, an Initial Study has been prepared by staff, as required by CEQA, and WHEREAS, the Initial Study concluded that while the project may have a potentially significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent, and a Mitigated Negative Declaration, Environmental Assessment No. EA/C&ED No. 2024-14, was prepared, and
WHEREAS, a 30-day public review period for the proposed Initial Study/Mitigated Negative Declaration began on March 31, 2025 and concluded on April 28, 2025, and WHEREAS, the City received public comments on the draft Initial Study/Mitigated Negative Declaration and no significant changes to the document were necessary as a result, and WHEREAS, the Mitigation Monitoring Plan (MMP) is included and described within the Initial Study/Mitigated Negative Declaration; and
WHEREAS, a public hearing was held by the Planning Commission on May 5, 2025, in the Chambers, 1010 Tenth Street, Modesto, California, at which hearing evidence both oral and documentary was received and considered; and
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WHEREAS, after said public hearing, the City of Modesto Planning Commission adopted Resolution No. 2025-27 recommending to the City Council that it adopt the Resolution of Application for an reorganization to annex the Properties to the City of Modesto, and
WHEREAS, said matter was set for public hearing of the City Council to be held on June 24, 2025, in the Tenth Street Place Chambers located at 1010 10th Street, Modesto, California, 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 annexation.

NOW, THEREFORE, the Council of the City of Modesto hereby finds and determines as follows:

1. The reorganization area is part of the Kiernan-McHenry Comprehensive Planning District of the City of Modesto Urban Area General Plan adopted by the Modesto City Council on March 5, 2019 and subsequent amendments, and as amended by the proposed amendment for the Founders Point East Specific Plan.

2. The proposed reorganization is consistent with the Modesto Urban Area General Plan as amended, because it is consistent with General Plan Growth Goals II.B.1 which states “Keep urban development as contiguous as possible in order to minimize urbanization of valuable farmland, foster resident convenience, improve air quality, reduce automobile vehicle miles traveled, improve public health and safety, and provide for economy in City services”, II.F.1 which states “Facilitate the creation and expansion of business parks to achieve a more equitable jobs-housing balance”, and II.F.5 to “pursue a diverse supply of housing types and costs, as well as diverse supply of jobs with varying income potential, to balance local job and housing opportunities.”

3. The requested reorganization will result in planned, orderly and efficient development of the area, and the most efficient provision of services.

4. The Properties are located within Stanislaus County, within the City’s adopted Sphere of Influence, contiguous to the existing City limits and can be most efficiently served with City services.

5. The Property proposed to be annexed to the City of Modesto are uninhabited as defined by Government Code Section 56079.5 (fewer than twelve registered voters) and a description of the boundaries of the subject Properties is set forth #31..
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in Exhibits “A” and “B”, attached hereto and by this reference incorporated herein.

6. The City of Modesto exercises its option not to succeed to the Williamson Act Contracts No. 75-1981, No. 75-1982, No. 76-2108 (two parcels), and No. 76- 2109, pursuant to California Government Code Section 51243.5 and tentatively cancel said contracts.

7. The Properties are covered by the Master Tax Sharing Agreement that address tax sharing entered into between the County of Stanislaus and City of Modesto which was approved on April 9, 1996 and revised on July 12, 2022.

BE IT FURTHER RESOLVED by the Council of the City of Modesto that it hereby adopts this Resolution Authorizing Application for reorganization to annex the Properties to the City of Modesto and Modesto Sewer District No. 1.

BE IT FURTHER RESOLVED by the Council of the City of Modesto that this Resolution of Application includes annexation of the Property to the Modesto Sewer District No. 1.

BE IT FURTHER RESOLVED by the Council of the City of Modesto that, pursuant to Government Code section 56653, the City Council submit the Plan for Services as set forth in Exhibit “C”, attached hereto and by this reference incorporated herein.

BE IT FURTHER RESOLVED that the project applicant shall indemnify, defend, and hold harmless the City of Modesto, its agents, officers, and employees from any and all claims, actions, or proceedings against the City of Modesto, its agents, officers, and employees to attack, set aside, void, or annul, any approval by the City of Modesto and its advisory agency, appeal board, or a legislative body concerning the reorganization for the Property. The City of Modesto shall promptly notify the applicant of any claim, action, or proceeding.
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 24th day of June, 2025, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: ______________________________________
JOSE SANCHEZ, City Attorney

APPROVED AS TO LEGAL DESCRIPTION
BY: __________________________________________
Community & Economic Development Department
Planning Division
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EXHIBIT “A”

LEGAL DESCRIPTION

FOUNDERS POINT EAST REORGANIZATION

TO THE CITY OF MODESTO
All that land situated in the West Half of Section 5 of Township 3 South, Range 9 East, Mount Diablo Base and Meridian, County of Stanislaus, State of California, described as follows:

Assessor’s Parcel No. 046-002-001
All that portion of the Southwest Quarter of Section 5, Township 3 South, Range 9 East, Mount Diablo Base and Meridian, bounded and particularly described as follows, to wit:

Beginning at the Northwest corner of the said Southwest Quarter of said Section 5, and running thence Easterly along the North line of said Southwest Quarter a distance of 1697.73 feet, more or less, to the Northwest corner of land conveyed to Charles Luchessa, et at, by Deed recorded in Volume 16 of Official Records, at Page 406, in the County Recorder's Office of said Stanislaus County; thence South along the West line of land so conveyed to Charles Luchessa a distance of 17.77 chains; thence North 88 ° 17' West a distance of 1699.05 feet, more or less, to the West line of said section 5; thence North along said last named line, a distance of 17.77 chains to the point of beginning.

EXCEPTING THEREFROM the East 20 acres thereof.

ALSO, EXCEPTING THEREFROM that parcel conveyed to County of Stanislaus by Deed recorded March 13, 1986, in Reel 101, Image 1834, described as follows:

All that portion of the Southwest Quarter of Section 5, Township 3 South, Range 9 East, Mount Diablo Meridian, County of Stanislaus, state of California, described as follows:

Beginning at the intersection of the present South line of 40 foot wide Bangs Avenue with the present East line of 40 foot wide Tully Road; thence South 88° 35' East, 20.00 feet South of and parallel with the centerline of said Bangs Avenue, 40.00 feet; thence South 53° 42' 06" West 49.00 feet to a point on the East line of said Tully Road; thence North 0° 57’ West, 20.00 feet East of and parallel with the centerline of said Tully Road, 30.00 feet to the point of beginning.

ALSO, EXCEPTING THEREFROM that parcel conveyed to the City of Modesto by that certain Grant Deed recorded September 1, 2005, Instrument No. 2005-0158866 Stanislaus County Records.
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ALSO, EXCEPTING THEREFROM that parcel conveyed to the City of Modesto by that certain Final Order of Condemnation recorded October 2, 2007, Instrument No. 2007- 0123525 Stanislaus County Records.

ALSO, EXCEPTING THEREFROM that parcel conveyed to the City of Modesto by that certain Grant Deed recorded December 15, 2009, Instrument No. 2009-0119104 Stanislaus County Records.

Assessor’s Parcel No. 046-002-002
Parcel One:

The East 20 acres of the following described property:

All that portion of the Southwest quarter of Section 5, Township 3 South, Range 9 East, Mount Diablo Base and Meridian, described as follows:

Beginning at the Northwest corner of said Southwest quarter of said Section 5 and running thence Easterly along the Northerly line of said Southwest quarter, a distance of 1697.73 feet, more or less, to the Northwest corner of land conveyed to Charles Luchessa, et at, by Deed recorded in Vol. 16 of Official Records, at page 406, said Stanislaus County Records; thence South, along the West line of land so conveyed to Charles Luchessa, a distance of 17.77 chains; thence North 88 degrees 17’ West, a distance of 1699.05 feet, more or less, to the West line of said Section 5; thence North along said last named line a distance of 17.77 chains to the point of beginning.

EXCEPTING THEREFROM all that portion of said land as Granted to the City of Modesto in that certain Grant Deed recorded December 1, 1999, as Instrument No. 1999-0112066.

ALSO EXCEPTING THEREFROM all that portion contained in the "Final Order of Condemnation Action in Eminent Domain", recorded August 22, 2007, as Instrument No. 2007-0108074, of Official Records.

Parcel Two:

The East 936.53 feet of the following:

All that portion of the Southwest quarter of Section 5, Township 3 South, Range 9 East, Mount Diablo Base and Meridian, described as follows:

Commencing at a post set for the interior quarter corner of said Section 5, above, Township and Range; thence South 0 degrees 43' East, 17.77 chains; thence North 88 degrees 17’ West,

39.63 chains and 20 feet to the center of a Country road running North and South between Sections 5 and 6 of said Township and Range; thence North 0 degrees 40' West, 17.77 chains along the centerline of said country Road to the Northwest corner of the Southwest quarter of #31..
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said Section 5; thence South 88 degrees 18' East, 39.61 chains and 20 feet to the point of beginning.

EXCEPTING THEREFROM all that portion of said land as Granted to the City of Modesto in that certain Grant Deed recorded December 1, 1999, as Instrument No. 1999-0112066.

ALSO EXCEPTING THEREFROM all that portion contained in the "Final Order of Condemnation Action in Eminent Domain", recorded August 22, 2007, as Instrument No. 2007-0108074, of Official Records.

Also including the following land as described below:

All that land situated in the Northwest Quarter of Section 5 of Township 3 South, Range 9 East, Mount Diablo Base and Meridian, County of Stanislaus, State of California, described as follows:

Beginning at the Northwest corner of Section 5 of Township 3 South, Range 9 East, thence east along the northerly line of said Section 5 a distance of 2625 feet; thence South 1° 39’ 47” East a distance of 2686 feet; thence North 89° 13’ 27” West a distance of 2612 feet; thence North 1° 2” 2” West a distance of 2671 feet to the Point of Beginning.

ALSO INCLUDING all of the right-of-way of Tully Road and Kiernan Avenue/State Highway CA-219, and the right-of-way of the former Tidewater Railroad/future Virginia Trail Corridor, all being immediately adjacent to the above descriptions. 248 acres, more or less.
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EXHIBIT “B”

FOUNDERS POINT EAST REORGANIZATION TO THE CITY OF MODESTO #31..
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EXHIBIT “C”

FOUNDERS POINT EAST REORGANIZATION TO THE CITY OF MODESTO

PLAN FOR SERVICES
Pursuant to Government Code Section 56653, the following Plan for Services to be extended to the affected territory has been prepared for the Founders Point East Reorganization.

A. The project site is part of the Planned Urbanizing Area, as described in the Modesto Urban Area General Plan, adopted March 5, 2019. As part of the approval, community facilities and services were analyzed in detail in Initial Study Environmental Checklist (C&ED No. 2024- 14). These services include traffic and circulation, waste water collection, water delivery, storm water drainage, solid waste disposal, schools, parks, fire protection, and police protection. The City of Modesto is a full service city that intends to provide the following services.

1. Traffic and Circulation: The bulk of the external roadway network is already constructed. The annexation area is bordered by Pelandale Avenue to the south, Kiernan Avenue to the north, Tully Road to the west, and the former Tidewater Railroad/future Virginia Trail Corridor to the east. Pelandale Avenue is a Class-B Expressway with six lanes and a center median. Kiernan Avenue is also California State Highway CA-219, a six-lane highway with a center median. Tully Road is a Minor Arterial street currently comprised of two lanes with left and right turn lanes at the intersections of Kiernan Avenue and Pelandale Avenue, and is designated to be a four-lane Minor Arterial street in the Circulation Element of the General Plan. The applicant or developer will be required to dedicate and construct any necessary roadway improvements along those project frontages upon development.

2. Waste Water Collection: Upon reorganization, the site will annex to Modesto’s Sewer District No. 1. Sewer service will be provided to the subject site from existing lines in Bangs Avenue, Tully Road and Pelandale Avenue to the west and south of the site. The City does not anticipate a substantial demand for service at this site.

3. Water Delivery: There is an adequate quantity of water to serve the commercial, industrial and residential development expected to occur on the property. The site will be served from existing lines in Tully Road, adjacent to the site.

4. Storm Water Drainage: Storm water drainage for this project must be contained on site, as the City does not have a positive storm drain system serving the area. Prior to the approval of any development, the City must approve the storm water drainage system to ensure its adequacy. The storm water drainage system will be constructed by the applicant at the applicant’s expense.

5. Solid Waste Disposal: Weekly pickup will be extended to the annexation area upon the effective date of annexation.
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6. Fire Protection: Currently, the annexation area is served by the Salida Fire Protection District. Upon reorganization, Fire Protection will be provided by the City of Modesto Fire Department and the Salida Fire Protection District per an agreement between the City of Modesto and Salida Fire enacted in 2022. No detachment from the Salida Fire Protection District is proposed with the reorganization. Unless the Local Agency Formation Commission (LAFCO) approves detachment of the annexation area from the Salida Protection District, both agencies will be jointly responsible for fire suppression and prevention as provided by the abovementioned Agreement.

Primary service will be provided from City of Modesto Fire Station No. 11 located 0.50 miles away at 4225 Carver Road. Secondary service would be feasible and available from the Salida Fire Protection District station located approximately four miles away at 4820 Broadway Avenue in Salida, in addition to Modesto Fire Station No. 5 at 200 West Briggsmore Avenue and Modesto Fire Station No. 6 located at the corner of Standiford Avenue and Hahn Drive.

7. Police Protection: The Modesto Police Department is able to provide adequate service to the subject site without additional staffing, as industrial property does not require substantial additional policing.

B. Level and range of services
C. The City of Modesto is a full service provider of municipal services and intends to provide the complete service for those areas identified above.

D. When can services be provided?
The above-described services can be provided upon the effective date of annexation.

E. Improvements required as a condition of reorganization No improvements are required as a condition of reorganization. The following improvements will be required as a condition of development:
 Prior to issuance of a building permit, the applicant(s) shall construct roadway improvements to the satisfaction of the City Engineer.
 Prior to approval of development, the City must approve the storm water drainage system.

F. How will services be financed?
Services will be financed through City fees and the establishment of a new Community Facilities District for the Specific Plan.
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MODESTO CITY COUNCIL
RESOLUTION NO. 2025-

RESOLUTION ADOPTING A MITIGATED NEGATIVE DECLARATION FOR

THE GENERAL PLAN AMENDMENT, FOUNDERS POINT EAST SPECIFIC

PLAN, PREZONE AND APPLICATION FOR THE REORGANIZATION OF

FOUNDERS POINT EAST SPECIFIC PLAN TO THE CITY OF MODESTO WHEREAS, on April 11, 2024 Fitzpatrick Land Development LLC. applied for an amendment to the City of Modesto Urban Area General Plan to change the land use designation of approximately 70 acres from Business Park (BP) to Residential (R), properties located north of Pelandale Avenue, south of Bangs Avenue, between Tully Road to the west and the former Tidewater Railroad /future Virginia Trail Corridor to the east, within the Kiernan-McHenry Comprehensive Planning District (CPD), and WHEREAS, said application was made concurrently with a proposed new Specific Plan document “Founders Point East” to allow for the development of the 70 acres within the Kiernan-McHenry Comprehensive Planning District (CPD) (Project ID SPL-24-001) together with prezone of the area to Prezone Specific Plan (P-SP) Zone and annexation of the 70 acres (Project ID PRZ-24-001 and ANX-24-001), and WHEREAS the application was amended to include properties to the north of the site into the proposed Specific Plan, prezone and annexation area, approximately 150 acres bordered by Bangs Avenue to the south and Kiernan Avenue to the north, Tully Road to the west, and the former Tidewater Railroad/future Virginia Trail Corridor to the east, with development policies for the future development of business park uses within the 150 acres in accordance to the General Plan, and
WHEREAS, together with the inclusion of the 150 acres, the Specific Plan, prezone and annexation area is to be a combined area of approximately 220 acres, all #31..
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bordered by Pelandale Avenue to the south, Kiernan Avenue to the north, Tully Road to the west, and the former Tidewater Railroad/future Virginia Trail Corridor to the east, and the Specific Plan document composed to allow for business park uses on the 150 acres north of Bangs Avenue and residential uses on the 70 acres south of Bangs Avenue, and
WHEREAS, Section 15070 of the CEQA Guidelines relating to Initial Study/Negative Declaration provides for a lead agency to prepare an Initial Study on any proposed project to analyze whether the project may cause any significant effect on the environment, and
WHEREAS, the City’s Community & Economic Development Department has prepared an Initial Study/Mitigated Negative Declaration, Environmental Assessment No.

EA/C&ED 2024-14 as provided for by CEQA, and
WHEREAS, a 30-day public review period for the proposed Initial Study/Mitigated Negative Declaration began on March 30, 2025, and ended on April 28, 2025, and
WHEREAS, the received public comments on the Initial Study/Mitigated Negative Declaration and no significant changes to the document were necessary as a result, and
WHEREAS, the Mitigation Monitoring and Reporting Plan (MMRP) is included and described within the Initial Study/Mitigated Negative Declaration, and WHEREAS, said matter was considered by the Planning Commission at a duly noticed public hearing which was held on May 5, 2025, whereupon the Planning Commission considered the Initial Study/Mitigated Negative Declaration and #31..
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recommended that the City Council adopt the Initial Study/Mitigated Negative Declaration on a 5-1 vote, and
WHEREAS, said matter was considered by the City Council at a duly noticed public hearing which was held on June 24, 2025, at 5:30 p.m., in the Tenth Street Place Chambers located at 1010 10th Street, Modesto, California.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that the Council has reviewed and considered Environmental Assessment No. EA/C&ED 2024-14 and the associated Mitigation Monitoring and Reporting Plan (MMRP), copies of which are on file with the Community and Economic Development Department, Third Floor, 1010 Tenth Street, Modesto, California, and are attached hereto as Exhibit “A” and Exhibit “B” and incorporated herein as reference,and based on the substantial evidence included in said Initial Study makes the following findings:

1. The Initial Study/Mitigated Negative Declaration prepared for the proposed project shows there is not substantial evidence, in light of the whole record before the City, that while the project may have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made or agreed to by the project proponent.

2. The Initial Study/Mitigated Negative Declaration reflects the independent judgment of the lead agency.

3. The Initial Study/Mitigated Negative Declaration, EA/C&ED 2024-14, provides the substantial evidence to support findings 1-2, noted above.

BE IT FURTHER RESOLVED that the property owner and developer shall, at their sole expense, defend, indemnify and hold harmless the City of Modesto, its agents, #31..
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officers, directors and employees, from and against all claims, actions, damages, losses, or expenses of every type and description, including but not limited to payment of attorneys’ fees and costs, by reason of, or arising out of, this development approval. The obligation to defend, indemnify and hold harmless shall include but is not limited to any action to arbitrate, attack, review, set aside, void or annul this development approval on any grounds whatsoever. The City of Modesto shall promptly notify the developer of any such claim, action, or proceeding.

BE IT FURTHER RESOLVED by the Council of the City of Modesto that the Community & Economic Development Director is hereby authorized and directed to file a notice of approval or determination within five (5) business days with the Stanislaus County Clerk pursuant to Section 21152 of the Public Resources Code. #31..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 24th day of June, 2025, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

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

By: ______________________________________
JOSE M. SANCHEZ, City Attorney
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EXHIBIT A

INITIAL STUDY
EA/C&ED NO. 2024-14
https://www.modestogov.com/DocumentCenter/View/23899/Final-Mitigated-NegativeDeclaration-Founders-Point-East https://www.modestogov.com/DocumentCenter/View/23679/Founders-Point-SpecificPlan-Detailed-Report-Appendix-A https://www.modestogov.com/DocumentCenter/View/23680/Founders-Point-EastTraffic-Impact-Analysis-Appendix-B #31..
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EXHIBIT B

MITIGATION MONITORING AND REPORTING PROGRAM
EA/C&ED NO. 2024-14
https://www.modestogov.com/DocumentCenter/View/24005/Founders-Point-EastSpecific-Plan-Mitigation-Monitoring-Program #31..
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ORDINANCE NO. -C.S.

AN ORDINANCE AMENDING SECTION 5-3-9 OF THE ZONING

MAP OF THE CITY OF MODESTO TO PREZONE TO SPECIFIC

PLAN (P-SP) ZONE FOR THE FOUNDERS POINT EAST SPECIFIC
PLAN, APPROXIMATELY 220 ACRES LOCATED NORTH OF

PELANDALE AVENUE, SOUTH OF KIERNAN AVENUE, EAST OF

TULLY ROAD AND WEST OF THE FORMER TIDEWATER

RAILROAD/FUTURE VIRGINIA TRAIL CORRIDOR
(FITZPATRICK LAND DEVELOPMENT, LLC)
WHEREAS, a verified application for an amendment to Section 5-3-9 of the Zoning Map was filed by Fitzpatrick Land Development, LLC on April 11, 2024, to prezone the Founders Point East Specific Plan area to Prezone Specific Plan (P-SP) Zone, properties located north of Pelandale Avenue, south of Kiernan Avenue, east of Tully Road, and west of the former Tidewater Railroad/future Virginia Trail Corridor, and WHEREAS, after a public hearing held on May 5, 2025, it was found and determined by the Planning Commission that the requested zone change will not be detrimental to the public health, safety or welfare because the prezone of unincorporated area to Prezone Specific Plan (P-SP) Zone for the Founders Point East Specific Plan will allow for implementation of the Specific Plan upon annexation of the area to the City of Modesto, the requested zone change will result in an orderly planned use of land because the prezone to Prezone Specific Plan (P-SP) Zone will allow for development of the area upon annexation with uses that would be compatible with surrounding uses in accordance with the Specific Plan, and the requested zone change is in accordance with the community objectives as set forth in the Modesto Urban Area General Plan and any applicable specific plans(s) because the allowed uses would be consistent with the General Plan Land Uses of Business Park (BP) and Residential (R), and the Founders Point Specific Plan, and
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WHEREAS, by Resolution No. 2025-26 adopted on May 5, 2025, the Planning Commission recommended to the Council that the application of Fitzpatrick Land Development LLC to amend Section 5-3-9 of the Zoning Map to prezone the hereinafter described property to Prezone Specific Plan (P-SP) Zone be approved.

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

SECTION 1. After a public hearing held on June 10, 2025, in the Tenth Street Place Chambers located at 1010 10th Street, Modesto, California, this Council finds and determines as follows:

1. The requested change will not be detrimental to the public health, safety or welfare because the prezone of unincorporated area to Prezone Specific Plan (P-SP) Zone for the Founders Point East Specific Plan will allow for implementation of the Specific Plan upon annexation of the area to the City of Modesto.

2. The requested change will result in an orderly planned use of land because the prezone to Prezone Specific Plan (P-SP) Zone will allow for development of the area upon annexation with uses that would be compatible with surrounding uses in accordance with the Specific Plan.

3. The requested change is in accordance with the community’s objectives as set forth in the General Plan and any applicable specific plan(s) because the allowed uses would be consistent with the General Plan Land uses of Business Park (BP) and Residential (R), and the Founders Point East Specific Plan.

SECTION 2. ZONING CHANGE. Section 5-3-9 of the Zoning Map is hereby amended to prezone the following described property to Prezone Specific Plan (PSP) Zone:

Prezone to P-SP:
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All that land situated in the West Half of Section 5 of Township 3 South, Range 9 East, Mount Diablo Base and Meridian, County of Stanislaus, State of California, described as follows:

EXCEPTING THEREFROM the East 20 acres thereof.

ALSO, EXCEPTING THEREFROM that parcel conveyed to County of Stanislaus by Deed recorded March 13, 1986, in Reel 101, Image 1834, described as follows:

All that portion of the Southwest Quarter of Section 5, Township 3 South, Range 9 East, Mount Diablo Meridian, County of Stanislaus, state of California, described as follows:

ALSO, EXCEPTING THEREFROM that parcel conveyed to the City of Modesto by that certain Grant Deed recorded September 1, 2005, Instrument No. 2005-0158866 Stanislaus County Records.

ALSO, EXCEPTING THEREFROM that parcel conveyed to the City of Modesto by that certain Final Order of Condemnation recorded October 2, 2007, Instrument No. 2007- 0123525 Stanislaus County Records. #31..
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ALSO, EXCEPTING THEREFROM that parcel conveyed to the City of Modesto by that certain Grant Deed recorded December 15, 2009, Instrument No. 2009-0119104 Stanislaus County Records.

Assessor’s Parcel No. 046-002-001
Parcel One:

The East 20 acres of the following described property:

All that portion of the Southwest quarter of Section 5, Township 3 South, Range 9 East, Mount Diablo Base and Meridian, described as follows:

EXCEPTING THEREFROM all that portion of said land as Granted to the City of Modesto in that certain Grant Deed recorded December 1, 1999, as Instrument No. 1999-0112066.

ALSO EXCEPTING THEREFROM all that portion contained in the "Final Order of Condemnation Action in Eminent Domain", recorded August 22, 2007, as Instrument No. 2007-0108074, of Official Records.

Parcel Two:

The East 936.53 feet of the following:

All that portion of the Southwest quarter of Section 5, Township 3 South, Range 9 East, Mount Diablo Base and Meridian, described as follows:

Commencing at a post set for the interior quarter corner of said Section 5, above, Township and Range; thence South 0 degrees 43' East, 17.77 chains; thence North 88 degrees 17’ West, 39.63 chains and 20 feet to the center of a Country road running North and South between Sections 5 and 6 of said Township and Range; thence North 0 degrees 40' West, 17.77 chains along the centerline of said country Road to the Northwest corner #31..
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of the Southwest quarter of said Section 5; thence South 88 degrees 18' East, 39.61 chains and 20 feet to the point of beginning.

EXCEPTING THEREFROM all that portion of said land as Granted to the City of Modesto in that certain Grant Deed recorded December 1, 1999, as Instrument No. 1999-0112066.

ALSO EXCEPTING THEREFROM all that portion contained in the "Final Order of Condemnation Action in Eminent Domain", recorded August 22, 2007, as Instrument No. 2007-0108074, of Official Records.

Also including the following land as described below:

All that land situated in the Northwest Quarter of Section 5 of Township 3 South, Range 9 East, Mount Diablo Base and Meridian, County of Stanislaus, State of California, described as follows:

SECTION 3. ZONING MAP. Section 5-3-9of the Zoning Map of the City of Modesto is amended to appear as set forth on the map attached hereto, which is hereby made a part of this ordinance by reference.

SECTION 4. 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 5. PUBLICATION. At least two (2) days prior to its final adoption, copies of this ordinance shall be posted in at least three (3) prominent and #31..
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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. #31..
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The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 24th day of June, 2025, by Councilmember , who moved its introduction and passage to print, which motion being duly seconded by Councilmember , was upon roll call carried and ordered printed and published by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

SUE ZWAHLEN, Mayor
ATTEST:

By:

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

By:

JOSE M. SANCHEZ, City Attorney

APPROVED AS TO DESCRIPTION
By:

Jessica Hill, Community & Economic Development
Department, Planning Division
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FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the , 2025, Councilmember ______________moved its final adoption, which motion being duly seconded by Councilmember ________________, was upon roll call carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

MAYOR, SUE ZWAHLEN
ATTEST: ____________________________
DIANE NAYARES, City Clerk
Effective Date: _________________, 2025
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William D. Ross
David Schwarz
Kypros Hostetter
Christina Bellardo
Law Offices of
William D. Ross
400 Lambert Avenue
Palo Alto, California 94306
Telephone: (650) 843-8080
Facsimile: (650) 843-8093
Los Angeles Office:
11420 Santa Monica Blvd
#25532
Los Angeles, CA 90025
File No: 147/5.6
June 20, 2025

VIA E-MAIL
Jose Sanchez, City Attorney
City of Modesto
1010 10th Street
Modesto CA 95354
[email protected]
Re: Salida Fire Protection District - Conditional Withdrawal of Appeal re Founder’s Point East Project
Dear Mr. Sanchez,
Thank you for participating in the ongoing discussions regarding the City of Modesto’s processing of the Founders Point East Project (“Project”) and the appeal submitted by Salida Fire Protection District (“Salida”) of the Project’s approval by the Modesto Planning Commission at its May 5, 2025 meeting.

As discussed in the formal appeal submitted by Salida on May 20, 2025, Salida’s concerns with the environmental review of the Project pertain to confirming adequate funding for fire and emergency response services and the potential impacts that the Project may have on those services.

Salida has proposed language that, if added to the environmental materials and approved by the City Council, would allow Salida to withdraw its pending appeal. Salida has proposed that the following two sentences be added to Page 55 of 70 of the Initial Study/Mitigated Negative Declaration for the Project:

All future development projects in Modesto are reviewed to ensure adequate fire protection and suppression service. The project site is within the jurisdiction of the Salida Fire Protection District (District) for purposes of fire services. Pursuant to a contract between the District and the City, the District pays the City to provide fire services and the City provides those services from the City’s Fire Department. The District currently imposes a Special Tax under a Community Facilities District to pay for City fire services under the Contract. As a condition of approval, the Project will be required to enter into the District’s #31..
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Community Facilities District and pay all applicable taxes. Those taxes will mitigate the described project’s impacts on the fire and emergency response services that are funded by the District. The City has confirmed with the City’s Fire Department that the Fire Department has adequate existing infrastructure and personnel to service the Project under the service contract. Therefore, there is no CEQA impact to fire services. The Modesto Fire Department must have access to adequate onsite hydrants with adequate fire-flow pressure available to meet the needs of fire suppression units. The proposed project would include the installation of fire hydrants, and the SCFA would conduct fire flow tests prior to building occupancy.

The intent of the additional text is to clarify that the Project will annex into Salida’s Community Facilities District (“CFD”) and pay applicable CFD taxes. Note that the reference to CFD taxes is not meant to be a limitation on other applicable funding sources (for example, property taxes, special assessments and other established financing mechanisms), which would still be collected to fund Salida’s operations (and in most scenarios partially remitted to Modesto, consistent with applicable revenue sharing agreements between Modesto and Salida). This concept is consistent with prior discussions on this matter, and I believe encapsulates the intent of both Salida and Modesto. However, if you have any questions or concerns in that regard, please let me know.

Should the City Council approve the proposed amended text, then Salida would formally withdraw its pending appeal. As discussed, should the updated language not be included, Salida reserves all rights relating to its pending appeal.

Again, thank you for your time, and that of Modesto’s planning staff, for your efforts to clarify and resolve this matter.

Very truly yours,
David Schwarz
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 24, 2025
Date: April 22, 2025
TO: Mayor and City Council

THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director, Community and Economic Development SUBJECT: The Crossings- Village One Triangle
CONTACT: Michael Hren, AICP, Principal Planner,
[email protected], 209-577-5273
DESCRIPTION:

Hearing to consider approving a Precise Plan Amendment to Precise Plan No. 35 South to amend the Circulation Plan. (Funding Source: Developer Fees) STRATEGIC PLAN ELEMENT:

This item is consistent with the 2025-2026 Strategic Plan’s Area of Focus: Economic Vitality Goals and Strategies, Goal D. Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability. Approval of the amendment to the circulation plan will ensure that this future neighborhood’s infrastructure and the maintenance thereof are compatible with the residents’ and the City’s needs.

BACKGROUND:

The 1,784-acre Village One Specific Plan, comprised of 35 individual Precise Plan areas, was adopted on October 16, 1990, to allow for new residential, business park and commercial developments in northeast Modesto. A Final Development Plan implements Precise Plan No. 35, which is located at the easterly edge of the Specific Plan Area.

Section IV.D.2 of the Village One Specific Plan requires the Planning Commission’s (“Commission”) review and approval of a Final Development Plan for new residential development within the Specific Plan Area to ensure the development policies of Chapter II of the Specific Plan are implemented for projects involving residential uses with a tentative map.

On January 23, 2024, the Modesto City Council adopted five approvals related to The Crossings development:
1) Amendments to the Land Use and Circulation Elements and park sizing policies of the Modesto Urban Area General Plan, with associated amendments to exhibits and text.
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2) Specific Plan Amendment No. 26 to the Village One Specific Plan, to amend the Land Use and Circulation Diagrams with associated amendments to exhibits and text.
3) The adoption of a Precise Plan for Village One Precise Plan Area No. 35 South, and
an amendment to Section 18-3-10 of the Zoning Map to rezone from Specific PlanHolding (SP-H) Zone to Specific Plan (SP) Zone, for property located east of Claus Road, south of Milnes Road and north of East Briggsmore Avenue. 4) Approval of a Vesting Tentative Subdivision Map of The Crossings for 527 singlefamily residential lots, five landscape lots, and one park lot on property located east of Claus Road and north of East Briggsmore Avenue. 5) Approval of a Final Development Plan for The Crossings.

On September 16, 2024, the Planning Commission of the City of Modesto approved an amendment to the Final Development Plan for the Crossings in Precise Plan No. 35 South in the Village One Specific Plan to allow changes to the allowed width of lots from 40’ wide, to a mix of 35’ wide and 40’ wide lots, along with new exhibits showing the proposed lots with the amended widths incorporated. The amendment changed the allowed lot widths in the development and realigned and redistributed lots but did not change the number of overall lots that were previously approved. The amendment also included a Landscape and Irrigation (L&I) plan, as well as a document entitled “Design Development Planting Update” that provides specifications for signage, monumentation, landscaping, and other elements to be implemented for the project.

DISCUSSION:

On December 20, 2024, DR Horton Bay Inc. filed an application consisting of two proposed amendments to the approved plans:
 An amendment to The Crossings Final Development Plan for architectural substitution. This amendment was approved by the Modesto Planning Commission at its April 21, 2025, meeting.
 An amendment to Precise Plan No. 35 South for changes to the circulation plan.

This proposed amendment is discussed further below.

Amendment to Precise Plan No. 35 South (PPA-24-001)
The applicant is requesting a Precise Plan Amendment (PPA) for changes to the circulation plan for Precise Plan No. 35 South. The changes are to modify several of the streets shown in the original plan as having a 60-foot right of way (ROW) to instead have a 48-foot ROW. The applicant cites a number of benefits of the proposal, including reduced Community Facilities District (CFD) costs, reduced street and landscape maintenance costs, and more on-street parking throughout the community. City staff, including the Transportation Engineering Design Division of the Engineering Department, worked with the applicant to provide revisions for the proposal. The application was referred out to City Divisions and Departments, including Fire, Police, and Engineering, as well as outside stakeholders such as MID and Modesto City Schools. No objections or significant concerns were raised as a result of the referral process.

The circulation plan provided as Exhibit A to the Resolution at Attachment 2 is recommended for approval by staff.
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Modesto City CouncilJune 24, 2025

Modesto City Council
June 24, 2025