Agenda packet — Modesto City Council, April 7, 2026 (part 9 of 9)

approved: Tivoli Snow, Tivoli Arcadia, Olivewood, Martin and Belconte. Two of those developments, Snow and Arcadia, are currently under construction.

On January 22, 2025, the Planning Division received applications for three new residential developments: Alves, Mable, and Paregian. All three are generally located to the north and south of Mable Avenue, east of Oakdale Road, and south of future Claratina Avenue. All three developments in combination propose a total of 343 single-family residential lots over 71.8 gross acres total. While all three developments are adjacent to each other and interconnected by way of sharing access from future Bridgewood Way (west of Aria Way) and a future connector street to extend south from future Claratina Avenue all east of Oakdale Road, this report and discussion relates to the proposed Mable-Tivoli project as described in the Discussion below.

DISCUSSION:

The Mable-Tivoli development consists of the following proposed entitlements:
• Specific Plan No. 8 to the Tivoli Specific Plan, to amend the Land Use Diagram to change two gross acres from Very Low Density Residential (VLDR-3) to Low Density Residential (LDR-12) (Project ID: SPA-25-003). • Adoption of Tivoli Area Plan No. 4 (Project ID: AREA-25-002). • Vesting Tentative Subdivision Map “Tivoli Mable Parcel” to divide 22.8 gross acres into 92 residential lots (Project ID: TSM-25-002). • Final Development Plan “Tivoli Mable” for setback and other development standards (Project ID: FDP-25-001).
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Figure 1: Existing Tivoli Specific Plan Land Use Diagram with Project Site Detail #30..
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Figure 2: Project Site Detail
Area Plan No. 4
The TSP is comprised of nine individual Area Plans, each to ensure that any proposed development provides for circulation, land uses, infrastructure and design standards that implement policies of the Specific Plan. Each Area Plan outlines the placement of utilities and other infrastructure, as well as landscaping/paseos, location of neighborhood entries and lot configurations. To date, Area Plans No. 2, 5, and 6 have been adopted. The applicant proposes the adoption of Area Plan No. 4, within which is the proposed Tivoli Mable tentative subdivision map.

Per the Specific Plan, Area Plan No. 4 extends south to Sylvan Avenue. However, the Mable application proposes an Area Plan only for the northerly half of Area Plan No. 4, since the properties to the south are not part of the Mable application.

Any future development on the south side of Area Plan No. 4 not covered by this document would require the provision of an amended Area Plan that includes details regarding the development of that southerly area.

Vesting Tentative Subdivision Map: “Tivoli Mable Parcel” and Final Development Plan
The proposed tentative map of Tivoli Mable Parcel would divide 22.8 gross acres into 92 single-family residential lots, the majority being small-lot of less than 5,000 square feet. The tentative map also dedicates a portion of the future community park/dual-use basin and right-of-way for future Bridgewood Way including placement of the paseo in accordance with the Specific Plan. Associated with the #30..
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tentative map is a proposed Final Development Plan for the site that provides for development standards specific to the tentative map area, including building setbacks and landscaping. As a majority of lots are to be less than 5,000 square feet in area, the Final Development Plan proposes interior side yard setbacks of three feet in width to the property line, and street-side yard setbacks of 12-feet in width. Rear yard setbacks are proposed to be 15-feet at minimum, and front yards of 12-feet, with 20-feet setback distances for the garages.

Figure 3: Vesting Tentative Subdivision Map
Table 2: Vesting Tentative Subdivision Map Lot Sizes
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Lots Less
than 5,000 sf
Lots 5,000-
8,000 sf
Lots 8,000-
10,000 sf
Lots Greater
than 10,000
sf
Total
Number of
Lots
Tivoli-Mable 58 25 7 2 92
Tentative Subdivision Map Findings:

Per Modesto Municipal Code Section 10-4.404(d) Limitations on Approval for (maps other than Parcel Maps), a vesting tentative subdivision map cannot be approved or conditionally approved if any of the following findings are made:
(1) That the proposed tentative map is not consistent with applicable general and specific plans.

Staff Review: All three proposed vesting tentative subdivision maps of Alves, Mable, and Paregian are consistent with the General Plan and the TSP (as amended) as all three are within the Residential (R) land uses of the General Plan and the residential land use areas of the TSP, allowing for development of residential uses as provided by the TSP.
(2) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

Staff review: Conditions of approval for each of the tentative maps are being applied to ensure compliance with the General Plan, development standards and infrastructure requirements of the Specific Plan, and applicable City Codes and Standards.
(3) That the site is not physically suitable for the type of development.

Staff Review: The Tivoli Specific Plan is a long-range vision planning document that was approved in 2008 by the City Council. All three projects are within the Specific Plan’s area and the site is suitable for the type of residential development proposed by the tentative maps. Although Mable (and Alves) depends on an amendment to the Land Use Diagram of the Specific Plan, the overall pattern of development remains in line with the residential type of development envisioned by the Specific Plan document.
(4) That the site is not physically suitable for the proposed density of development.

Staff Review: The area of the Specific Plan is flat and formerly utilized as orchard and pastureland. There are no physical impediments to development not previously documented by the Specific Plan and analyzed and mitigated by the TSP Final EIR. The Mitigation measures for the proposed density of development #30..
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has been anticipated and discussed in the Tivoli Specific Plan Final EIR SCH # 2005072125.
(5) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

Staff Review: The design of the tentative maps is in accordance with the Specific Plan, and all environmental impacts have been analyzed and mitigated by the Tivoli Specific Plan Final EIR. The proposed projects are reviewed in the FEIR Addendum C&EA 2026-003 and attached to the staff report. No significant impact resulted from these project proposals that warrant changes or additions to the previously certified EIR were found.
(6) That the design of the subdivision or the type of improvements is likely to cause serious public health problems.

Staff review: The design of the tentative maps is in accordance with the Tivoli Specific Plan, and all environmental impacts have been analyzed and mitigated by the Tivoli Specific Plan Final EIR. The improvements and design of the subdivision is to ensure promoting healthy communities with multi-modal transportation and easy navigation and access to nearby schools and facilities, thereby allowing for better living environments for the future occupants of the homes. (7) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large for access through or use of property within the proposed subdivision.

Staff Review: Conditions of approval for the three tentative maps would ensure that public utility and right-of-way easements would be provided. Standard conditions applied to all three tentative maps regarding utility facilities would ensure that such facilities be protected, relocated or removed as required, and easements for facilities to remain are to be reserved as required.

Specific Plan Amendment No. 8
The project proposes to amend the land use diagram of the Specific Plan by changing two gross acres designated as Very Low Density Residential (VLDR-3, 1-3 dwelling units per acre) into Low Density Residential (LDR-12, 4-8 dwelling units per acre). See Figure No. 1, below.

Together with the proposed amendment No. 7 to the Specific Plan to change six gross acres from Medium-High Density Residential (MHDR-5, 18-24 dwelling units per acre) into Low Density Residential (LDR-13, 4-8 dwelling units per acre) associated with the Alves-Tivoli project, and the lot count proposed by the #30..
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Paregian-Tivoli project, the resulting density overall would be 6.6 units per acre, a total of 343 units, 13 more than the minimum number of units allowed under the current land use designations.

Table 1: Existing Development Potential and Proposed Development (Alves, Paregian and Mable)
Existing Development Potential Proposed Development
SubAreas Acre Density
(DU/Acre)
Min
Dwelling
Unit (DU)
Max
DU DU Acre (net)
Density
(net)
LDR-13 23.6 4-8 94 189 101 15.4 6.6
MHDR-5 6 18-24 108 144 40 6 6.6
Alves
Subtotal 29.6 6.8-11.2 202 333 141 21.4 6.6
VLDR-3 2 2-3 4 6 11 2 5.5
LDR-9 4.5 4-8 18 36 30 4.5 6.7
LDR-12 7.1 4-8 28 57 51 7.1 7.2
Mable
Subtotal 13.6 3.7-7.3 50 99 92 13.6 6.8
LDR-13 17.4 4-8 70 139 99 16.4 6
VLDR-1 4.8 2-3 8 12 11 4.07 2.7
Paregia
n
Subtotal 22.2 3.5-6.8 78 151 110 20.5 5.4
Total 65.4 5-8.9 330 583 343 55.5 6.2
SB 330 Analysis
Government Code section 66300 (often referred to as SB 330) regulates the City’s ability to “downzone” residential properties. Section 66300(b)(1) states, in part, that a city “shall not enact a development policy, standard, or condition” that has the effect of reducing a site’s “residential development capacity.” Section 66300(h) provides an exception to this rule, allowing a city to change a land use designation or zoning ordinance to a less intensive use if the city “concurrently” changes “the development standards, policies, and conditions applicable to other parcels within the jurisdiction to ensure that there is no net loss in residential capacity.” When the proposed reduction in residential capacity is proposed by an applicant for a housing project, as it is here, “concurrently” means within 180 days of the decision to downzone.

SB 330 does not define residential “capacity.” As such, this analysis examines the potential for the project to change residential capacity in two ways. First, the analysis examines residential capacity based on the maximum residential density allowed under the various land use designations. Second, the analysis examines residential capacity as a function of the number of units actually built plus the #30..
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anticipated units to be built from the proposed changes and compares that number of units to the anticipated number of units under the original approvals. Under both analyses, there is no net loss in residential capacity.

Maximum Density
Specific Plan No. 7 proposes to amend the Land Use Diagram, changing 6 gross acres of MHDR-5 to LDR-13. MHDR has a residential density of 18-24 density units (“du”)/acre, which over 6 acres equates to 144 maximum units. LDR has a residential density of 4-8 du/acre, which over 6 acres equates to 48 maximum units. Therefore, the changes proposed by Specific Plan No. 7 would result in a capacity loss of 96 units that the City would need to compensate for by upzoning other properties.

The City’s proposed General Plan Amendment proposes to change 8 acres of Low Density Residential back to Regional Serving Commercial. 8 acres of LDR equates to 64 maximum dwelling units. Regional Serving Commercial does not allow for residential uses, so the General Plan Amendment would result in a capacity loss of 64 units that the City would need to compensate for by upzoning other properties.

Combined, Specific Plan No. 7 and the General Plan amendment would result in the capacity loss of 160 units that the City would need to compensate for by upzoning other properties.

On November 24, 2025, within 180 days of the Council’s decision on this project, the City completed the annexation and rezoning of the Founders Point East area of the City. (See Stanislaus County Local Agency Formation Commission (“LAFCO”) Resolution 2025-15; LAFCO Certificate of Completion, dated November 24, 2025.) In the Founders Point East project, the City rezoned approximately 70 acres (63.6 net acres) from Business Park to a residential use with an average density of 6.6 du/acre. This results in an upzoning of approximately 420 units.

In addition, the Tivoli Mable project, also under consideration by the Council at the same meeting as this project, proposes to upzone 2 acres of very low density residential, at 1-3 du/acre, to low density residential, at 4-8 du/acre. If approved, the Tivoli Mable project, would result in an increase in residential capacity of 10 units.

Combined, the Founders Point East and Tivoli Mable projects would result in a net increase in residential capacity of 430 units. Thus, under SB 330, this is more than sufficient to accommodate the loss of 160 units of the combined Specific Plan No. 7 and General Plan amendment (net increase of 270 units). #30..
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Public Notice and Outreach
The proposed project was noticed in the local Modesto Bee Newspaper with a 20- day notice in addition to a 300 ft radius notice to all properties surrounding the subject parcels under consideration for the project.

Neighborhood Outreach
Mable Avenue is an existing street that extends east of Oakdale Road and currently terminates approximately one-third of a mile east of Oakdale Road. There are eight existing homes on Mable Avenue in addition to an existing veterinary clinic at the southeast corner of Oakdale Road and Mable Avenue with access onto Oakdale Road. The applicant representative, David Romano, has held discussions with the residents on Mable Avenue regarding the proposed developments.

Per the TSP Street Hierarchy Diagram and policies in Chapter 3 of the TSP, Mable Avenue is to connect to a future collector street extending south from future Claratina Avenue and bounding the future neighborhood park to the east. Its existing connection to Oakdale Road is to be closed with only emergency vehicle access allowed, upon commercial development at the northwest corner of Oakdale Road and Mable Avenue. Until commercial development commences, the roadway would remain open to Oakdale Road.

The neighborhood has expressed concerns about construction traffic impacting the existing street. However, if any of the three tentative maps are approved, development of those tentative maps would also involve the extension of future Claratina Avenue and the extension of a future collector street connecting to Bridgewood Way east of Aria Way. Construction traffic currently accesses the area via Aria Way as part of the Snow and Arcadia developments, already underway. The project is conditioned to mitigate the construction traffic impact on the existing streets.

During the February 23, 2026 Planning Commission hearing, residents of Mable Avenue were also in attendance, who reiterated the above concerns.

After the Commission hearing, Planning staff met with the residents to further discuss and address concerns. The residents primarily had three concerns:
timing of the Mable Avenue improvements, single-story homes adjacent to the current homes on Mable Avenue, and a seven (7) foot wooden fence adjacent to the current properties. The project applicant and the neighbors have agreed to the following conditions post discussions:

1. As part of the Paregian Phase 1 improvement plans, the developer shall be responsible for the design of the full roadway improvements consistent with the Tivoli Specific Plan for Mable Avenue from Oakdale Road on the #30..
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west to project limits on the east, subject to review and approval of the City Engineer.

2. As part of the Paregian Phase 1 improvement plans, the developer shall design and construct a one-tenth of a foot (0.1') Asphalt Concrete (AC) pavement overlay for length of the Mable Avenue, from Oakdale Road on the west to the project limits on the east, subject to review and approval of the City Engineer.  The AC pavement for Mable shall be constructed with the Paregian Phase 1 improvements.

3. Future residential development of Lots 31, 41, lot C, lot 3, 29, 9, 8 and 7 will be subject to the City’s second story review process and is required to conform to the City of Modesto’s Neighborhood Compatibility Guidelines

4. Developer is responsible for constructing a 7ft high wooden fence on the entire length of the Mable subdivision adjacent to the existing Mable Avenue rear and side property lines. This includes and is not limited to property lines of proposed subdivision labelled lot 31, 41, lot C, 29, 30, 8 and 9
FISCAL IMPACT:

All application fees and environmental review fees for this item have been paid by the project applicants in accordance with the fee schedule adopted by the City Council. In addition, the projects will be subject to all applicable adopted development fees prior to building permit issuance to offset the City’s fiscal impact of development.

Recommended conditions of approval included with the attached resolutions would require the owners of the properties to annex into the Community Facilities District (CFD) No. 2024-1 prior to recordation of Final Maps, to facilitate the property owners’ contributions towards the Tivoli Specific Plan area improvements that would serve future development and maintenance of amenities on the development sites.

COMMITTEE RECOMMENDATION:

The item was considered by the Planning Commission at their regularly scheduled February 23, 2026 hearing, who recommended approval of the project on a 6-1 vote.

CEQA/NEPA REQUIREMENTS:

The project was previously analyzed in the TSP Final Environmental Impact Report (State Clearinghouse No. 2005072125), certified by the City Council on February 26, 2008, by Resolution No. 2008-141.
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Staff has prepared an addendum to the Final EIR, EA/C&ED 2026-03. The addendum concludes that no major revisions to the Final EIR are needed for the project, and that, pursuant to Sections 15162 and 15164 of the CEQA Guidelines, no new environmental review is required.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving Specific Plan Amendment No. 8 to the Tivoli Specific Plan.

Resolution approving Area Plan No. 4 to the Tivoli Specific Plan in the Tivoli Specific Plan.

Resolution approving the Vesting Tentative Subdivision Map of Tivoli Mable Parcel.

Resolution approving the Final Development Plan of Tivoli Mable Parcel.

Approved by:

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

1. City Council Resolution Specific Plan Amendment No. 8 & Ex. A

2. City Council Resolution Specific Plan Area Plan No. 4 & Ex. A

3. City Council Resolution, Vesting Tentative Subdivision Map, Tivoli Mable Parcel & Ex. A

4. City Council Resolution, Final Development Plan, Mable Parcel (Tivoli) & Ex.

5. Addendum to the Tivoli Final EIR, EA/C&ED 2026-03 (2)

6. Financial Interest Disclosure Form

7. Levine Act Forms (2)
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MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX
RESOLUTION APPROVING SPECIFIC PLAN AMENDMENT NO. 8 TO THE

TIVOLI SPECIFIC PLAN
WHEREAS, Government Code Section 65450 et. seq. permits cities and counties to adopt specific plans for the systematic implementation of the General Plan and to provide for a greater level of detail in planning sites or areas of special interest or value; and
WHEREAS, on February 26, 2008, the City Council by Ordinance No. 3479-C.S. adopted the Tivoli Specific Plan; and
WHEREAS, Government Code Section 65453 permits the amendment of specific plans as often as deemed necessary by the legislative body; and WHEREAS, on September 7, 2016, by Ordinance No. 3654-C.S. the City Council approved Amendment No. 1 to the Tivoli Specific Plan to include minor land use adjustments regarding the relocation of the school site with the overall density and intensity remaining essentially the same, minor internal street alignment adjustments, removal of four roundabouts, and various clean-up and technical changes to the Specific Plan; and
WHEREAS, on March 21, 2022, the Director of Community and Economic Development administratively approved Amendment No. 2 to the Tivoli Specific Plan as allowed by Section 9.3.4.1 of the Specific Plan, to amend and update street cross section details with associated minor text changes; and #30..
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WHEREAS, on November 1, 2022, by Resolution No. 2022-450 the City Council approved Amendment No. 3 to the Tivoli Specific Plan to change the land use designation of 25 acres from Regional Serving Commercial (RSC) to Residential (R) and to change 27 acres from Medium Density Residential (MDR) to Low Density Residential (LDR); and
WHEREAS, on May 13, 2025, by Resolution No. 2025-165 the City Council approved Amendment No. 4 to the Tivoli Specific Plan to amend the Land Use Diagram to amend 19.95 acres from Medium-High Density Residential (MHDR) and Regional Serving Commercial (RSC) to Medium Density Residential (MDR) with associated text amendments, and to amend Chapter 4 Development Standards to amend certain design standards to allow reduced setbacks and lot sizes; and
WHEREAS, on May 13, 2025, the Director of Community and Economic Development administratively approved Amendment No. 5 to the Tivoli Specific Plan as allowed by Section 9.3.4.1 of the Specific Plan, to amend Section 5.7.1.2 Community Walls Along Arterial Streets, to allow for seven-foot-high walls with conditions; and
WHEREAS, on February 10, 2026, by Ordinance No. 3806-C.S. the City Council approved first part of Amendment No. 6 to the Tivoli Specific Plan to amend the Street Hierarchy Diagram to change the designation of Oakdale Road and Claratina Avenue from six-lane roadways to four-lane roadways; and #30..
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WHEREAS, on February 10, 2026, by the same Ordinance the City Council approved the second part of Amendment No. 6 to include the text amendments to Chapter 9, Administration of the Specific Plan, relative to the adoption of Major Amendments to the Specific Plan through Resolution, of which Ordinance No. 3806-C.S. goes into effect on March 26, 2026 in advance of this proposed Specific Plan Amendment No. 8; and
WHEREAS, Alves Properties LP has filed an application to amend the Tivoli Specific Plan (Amendment No. 7) to change the Land Use Diagram by amending six acres designated as Medium High Density Residential (MHDR-5) uses to Low Density Residential (LDR-13) uses; and
WHEREAS, Mable Avenue Properties LP has filed an application to amend the Tivoli Specific Plan (Amendment No. 8) to change the Land Use Diagram by amending two acres designated as Very Low Density Residential (VLDR-3) uses to Low Density Residential (LDR-12) uses; and WHEREAS, said application was made concurrently with an application to amend the Tivoli Specific Plan to change the Land Use Diagram by amending six acres designated as Medium High Density Residential (MHDR-5) to Low Density Residential (LDR-13) uses (File ID: SPA-25-002) to facilitate development of the proposed Tivoli Alves Vesting Tentative Subdivision Map (File ID: TSM-25-003); and
WHEREAS, said application was also concurrent with an application for a new Area Plan No. 4 document for the Tivoli Specific Plan, filed in accordance #30..
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with Section 9.4.1 of the Specific Plan (File ID: AREA-25-002), to facilitate development of the abovementioned Vesting Tentative Subdivision Map of Tivoli Mable, to divide 22.8 acres into 92 single-family residential lots; and WHEREAS, said application was also concurrent with an application for a new Area Plan No. 1 document for the Tivoli Specific Plan, filed in accordance with Section 9.4.1 of the Specific Plan (File ID: AREA-25-003), to facilitate the development of the Vesting Tentative Subdivision Map of Tivoli Paregian (File ID:

TSM-25-004) to divide a total of 22.8 acres into 110 lots, and the Vesting Tentative Subdivision Map of Tivoli Alves (File ID: TSM-25-003) to divide 26.3 acres into 141 single-family residential lots, both within Area Plan No. 1; and WHERAS, said application was also concurrent with applications for Final Development Plans to provide for setback standards and development standards for the abovementioned tentative maps, filed in accordance with Section 9.4.1.2 of the Specific Plan; and
WHEREAS, an Addendum to the Tivoli Final Environmental Impact Report (Tivoli FEIR), EA/C&ED 2026-03, was prepared pursuant to Section 15164 of the CEQA Guidelines, which concluded that the project is within the scope of the Tivoli Specific Plan Final EIR (SCH No. 2005072125) and that pursuant to Sections 15162 and 15164 of the CEQA Guidelines, no new environmental review is required; and
WHEREAS, a public hearing was held by the Planning Commission on February 23, 2026, in Chambers, 1010 Tenth Street, Modesto, California, at #30..
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which hearing evidence both oral and documentary was received and considered; and
WHEREAS, after said public hearing, the Planning Commission by Resolution No. 2026-08 recommended to the City Council approval of Amendment No. 8 of the Tivoli Specific Plan; and
WHEREAS, said matter was set for a public hearing of the City Council to be held on April 7, 2026, in Chambers of City Hall, located at 1010 Tenth Street, Modesto, California, at which date and time of said duly noticed public hearing was held.

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

1. There are no substantial changes proposed in the Specific Plan amendment that will require major revisions of the Tivoli Specific Plan EIR (SCH No. 2005072125).

2. There are no substantial changes occurring with respect to circumstances under which the Specific Plan amendment is being undertaken which will require major revisions in the Tivoli Specific Plan EIR.

3. No new information, which was not known and could not have been known at the time the Tivoli Specific Plan Final EIR was certified as complete, has become available.

4. The Addendum to the Tivoli Specific Plan EIR, EA/C&ED 2026-03, and all other evidence in the record, provides the substantial evidence to support findings 1-3, noted above.

5. The City Council has considered the Addendum to the Tivoli Final EIR EA/C&ED 2026-03 and finds that the Addendum reflects the Council’s independent judgment.
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BE IT FURTHER RESOLVED by the City Council of the City of Modesto that it hereby finds and determines as follows:

6. The proposed amendment to the Land Use Diagram of the Tivoli Specific Plan is consistent with the General Plan Land Use Designation of Residential, because the amendment would result in Residential uses that would provide for development of new housing within the Specific Plan.

7. As set forth in the agenda report and as supported by the evidence in the record for this matter, the reduction in residential capacity caused by the change in land use designation of two acres from VLDR-3 (1-3 du/acre) to LDR-12 (4-8 du/acre), does not result in a net loss in residential capacity due to changes in land use designations that the City has concurrently made to other areas within the City’s jurisdiction.

BE IT FURTHER RESOLVED by the City Council of the City of Modesto that it hereby approves of the proposed Amendment No. 8 of the Tivoli Specific Plan described in Exhibit "A," attached hereto and incorporated herein by reference.

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

The City of Modesto shall promptly notify the developer of any such claim, action, or proceeding and shall cooperate fully in the defense. #30..
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The foregoing resolution was introduced at the regular meeting of the City Council of the City of Modesto held on the 7th day of April, 2026, by , who moved its adoption, which motion being duly seconded by , was upon roll call carried and the resolution carried by the following vote:

Ayes:

Noes:

Absent:

Recused:

ATTEST:

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX
RESOLUTION APPRPOVING AREA PLAN NO. 4 IN THE TIVOLI

SPECIFIC PLAN
WHEREAS, the City Council adopted the Tivoli Specific Plan, a 454-acre area of land adjoining the northeast portion of the City of Modesto, by Ordinance No. 3479-C.S. on February 26, 2008; and
WHEREAS, the Tivoli Specific Plan is comprised of nine Area Plans subject to review and approval by the Planning Commission, each Area Plan denoted to ensure that the circulation, infrastructure, land use, density, project design and other specific plan provisions are provided for each Area Plan as required by Section 9.4.1 of the Tivoli Specific Plan; and WHEREAS, Section 9.4.1 of the Specific Plan requires the Planning Commission’s review and approval of each Area Plan prior to development within the Area Plan; and
WHEREAS, an application for Area Plan No. 4 was filed by Mable Avenue Properties LP on January 22, 2025, in accordance with Section 9.4.1 of the Tivoli Specific Plan; and
WHEREAS, said application was submitted with an application to amend the Tivoli Specific Plan to change the Land Use Diagram of the Specific Plan by amending two acres designated as Very Low Density Residential (VLDR-3) uses to Low Density Residential (LDR-12 uses (Project ID: SPA-25-003), together with a proposed a Vesting Tentative Subdivision Map, “Tivoli Mable Parcel” to divide #30..
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22.7 acres within Area Plan No. 4 into 92 single-family residential lots (Project ID:

TSM-25-002), and a proposed Final Development Plan “Mable (Tivoli)” for setback and development standards for new development by the Mable (Tivoli) Vesting Tentative Subdivision Map (Project ID: FDP-25-001); and WHEREAS, an Addendum to the Tivoli Final Environmental Impact Report (Tivoli FEIR), EA/C&ED 2026-03, was prepared pursuant to Section 15164 of the CEQA Guidelines, which concluded that the project is within the scope of the Tivoli Specific Plan Final EIR (SCH No. 2005072125) and that pursuant to Sections 15162 and 15164 of the CEQA Guidelines, no new environmental review is required; and
WHEREAS, a public hearing was held by the Planning Commission on February 23, 2026, 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 Planning Commission by Resolution No. 2026-10 recommended to the City Council approval of Area Plan No. 4 of the Tivoli Specific Plan; and
WHEREAS, said matter was set for a public hearing of the City Council to be held on April 7, 2026 in Chambers of City Hall, located at 1010 Tenth Street, Modesto, California, at which date and time of said duly noticed public hearing was held.
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04/07/2026/CED/Jhill/Item 2026-xx
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Modesto that it hereby finds and determines as follows:

1. There are no substantial changes proposed in the project that will require major revisions of the Tivoli Specific Plan Final EIR (SCH No. 2005072125).

3. No new information, which was not known and could not have been known at the time the Tivoli Specific Plan Final EIR was certified as complete, has become available.

4. The Addendum to the Tivoli Final EIR EA/C&ED 2026-03, and all other evidence in the record, provides the substantial evidence to support findings 1-3, noted above.

5. The City Council has considered the Addendum to the Tivoli Final EIR EA/C&ED 2026-03, and finds that the Addendum reflects the Council’s independent judgment.

BE IT FURTHER RESOLVED by the City Council of the City of Modesto that:

6. The proposed Area Plan is consistent with the Tivoli Specific Plan (as amended) and the General Plan because the Area Plan would allow for the development of single-family residential uses that is consistent with the Specific Plan. The General Plan land use designation of Area Plan No. 4 as Residential (R), which allows for single-family residential uses.

BE IT FURTHER RESOLVED by the City Council of the City of Modesto that it hereby approves Area Plan No. 4 of the Tivoli Specific Plan, described in “Exhibit A,” attached hereto and incorporated herein by reference, be approved subject to the following conditions:
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1. Except as amended herein, or by reference, all development shall be in accordance with Area Plan No. 4 (Project ID AREA-25-002) and the associated Final Development Plan and Vesting Tentative Subdivision Map of Tivoli Mable (Project ID FDP-25-001 and TSM-25-002), with the Final action by City Council at a future agendized hearing.

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

3. Prior to the commencement of improvements to the Right of Way at the intersection of Oakdale and Claratina Avenue, or any road modifications where they intersect with SFPUC ROW, applicant must submit to Hetch Hetchy Water and Power (HHWP), a HHWP Project Review and Land Use Application and obtain written authorization from SFPUC for any proposed crossing, use of, reclassification, rezoning or work on City and County of San Francisco (CCSF) - owned land. Contact [email protected].
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The foregoing resolution was introduced at the regular meeting of the City Council of the City of Modesto held on the 7th day of April, 2026, by , who moved its adoption, which motion being duly seconded by , was upon roll call carried and the resolution carried by the following vote:

Ayes:

Noes:

Absent:

Recused:

ATTEST:

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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Westwood Professional Services Mable Parcel (Tivoli)

AREA PLAN
AREA 4

MABLE PARCEL (TIVOLI)
SUBMITTAL DATE: SEPTEMBER 25, 2025
Prepared by:

Westwood Professional Services
1165 Scenic Drive, Suite A
Modesto, CA 95350
209.571.1765
Applicant:

Mable Avenue Properties
1120 Scenic Drive
Modesto, CA 95350
#30..
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APN: 083-004-062
APN:
083-004-040
APN:
083-004-039
APN:
083-004-066
APN: 083-004-089
APN: 083-004-055 APN: 083-004-057 APN: 083-004-058
APN: 083-004-063 APN: 083-004-023 APN: 083-001-001 APN: 083-001-002

FUTURE SCHOOL
LOT A

PARK/BASIN

CITY WATER

TANK SITE

AREA PLAN - LAND USE
1 0 40 80 160 SCALE: 1" = 80'
LEGEND

STREET E BRIDGEWOOD WAY

BRIDGEWOOD WAY

ARIA WAY

STREET A

COURT B

STREET C

STREET D COURT E

MABLE AVENUE

STREET E

COURT G

STREET B

COURT D
Drawing: N:\_ODE\Modesto\43380 Tivoli-Mable Parcel\Planning\Exhibits\EXH-Tivoli Mable AP-43380.dwg Plot Date/Time: 9/30/2025 8:57 AM Last Saved by: EAHamed

TIVOLI MABLE PARCEL
0056704.00

MODESTO, CALIFORNIA
5 EXISTING

RESIDENTIAL

EXISTING

RESIDENTIAL

PROPOSED LOW DENSITY
RESIDENTIAL (LDR-15) SUBDIVISION

UNDER CONSTRUCTION
X

X X X X X
X X
XX
X
X
X
X X
X
X
X X
X
X
X
XXXX
X
X X
X
X
X
X
X
#30..
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APN: 083-004-062 APN: 083-004-040 APN: 083-004-039 APN: 083-004-066 APN: 083-004-089 APN: 083-004-055 APN: 083-004-057 APN: 083-004-058 APN: 083-004-063 APN: 083-004-023 APN: 083-001-001 APN: 083-001-002 FUTURE SCHOOL STREET E LOT A PARK/BASIN AREA PLAN - CIRCULATION 0 40 80 160 SCALE: 1" = 80' LEGEND

STREET E BRIDGEWOOD WAY

BRIDGEWOOD WAY

ARIA WAY

STREET A COURT B

STREET C

STREET D COURT E MABLE AVENUE STREET E COURT G STREET B COURT D Drawing: N:\_ODE\Modesto\43380 Tivoli-Mable Parcel\Planning\Exhibits\EXH-Tivoli Mable AP-43380.dwg Plot Date/Time: 9/26/2025 1:19 PM Last Saved by: EAHamed TIVOLI MABLE PARCEL 0056704.00
MODESTO, CALIFORNIA 52 #30..
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APN: 083-004-062 APN: 083-004-040 APN: 083-004-039 APN: 083-004-066 APN: 083-004-089 APN: 083-004-055 APN: 083-004-057 APN: 083-004-058 APN: 083-004-063 APN: 083-004-023 APN: 083-001-001 APN: 083-001-002 FUTURE SCHOOL LOT A PARK/BASIN 3

AREA PLAN - INFRASTRUCTURE

STREET E BRIDGEWOOD WAY

BRIDGEWOOD WAY

ARIA WAY

STREET A

COURT B

STREET C

STREET D
COURT E MABLE AVENUE STREET E COURT G STREET B 0 40 80 160 SCALE: 1" = 80' COURT D Drawing: N:\_ODE\Modesto\43380 Tivoli-Mable Parcel\Planning\Exhibits\EXH-Tivoli Mable AP-43380.dwg Plot Date/Time: 9/26/2025 1:20 PM Last Saved by: EAHamed TIVOLI MABLE PARCEL 0056704.00
MODESTO, CALIFORNIA 5 LEGEND #30..
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APN: 083-004-062 APN: 083-004-040 APN: 083-004-039 APN: 083-004-066 APN: 083-004-089 APN: 083-004-055 APN: 083-004-057 APN: 083-004-058 APN: 083-004-063 APN: 083-004-023 APN: 083-001-001 APN: 083-001-002 FUTURE SCHOOL LOT A PARK/BASIN 4 AREA PLAN - LANDSCAPING 0 40 80 160 SCALE: 1" = 80'

STREET EBRIDGEWOOD WAY BRIDGEWOOD WAY

ARIA WAY

STREET A COURT B

STREET C

STREET D COURT E MABLE AVENUE STREET E COURT G STREET B LEGEND COURT D Drawing: N:\_ODE\Modesto\43380 Tivoli-Mable Parcel\Planning\Exhibits\EXH-Tivoli Mable AP-43380.dwg Plot Date/Time: 9/26/2025 1:20 PM Last Saved by: EAHamed TIVOLI MABLE PARCEL 0056704.00
MODESTO, CALIFORNIA 5 #30..
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APN: 083-004-062 APN: 083-004-040 APN: 083-004-039 APN: 083-004-066 APN: 083-004-089 APN: 083-004-055 APN: 083-004-057 APN: 083-004-058 APN: 083-004-063 APN: 083-004-023 APN: 083-001-001 APN: 083-001-002 EXISTING TREES TO BE REMOVED EXISTING TREES TO BE REMOVED 5 AREA PLAN - EXISTING CONDITIONS 0 40 80 160 SCALE: 1" = 80' MABLE AVENUE Drawing: N:\_ODE\Modesto\43380 Tivoli-Mable Parcel\Planning\Exhibits\EXH-Tivoli Mable AP-43380.dwg Plot Date/Time: 9/26/2025 1:20 PM Last Saved by: EAHamed TIVOLI MABLE PARCEL 0056704.00
MODESTO, CALIFORNIA 5 CITY WATER TANK SITE PROPOSED SUBDIVISION UNDER CONSTRUCTION #30..
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04/07/2026/CED/Jhill/Item x 2026-xx  TSM-25-002

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX

RESOLUTION APPROVING THE VESTING TENTATIVE SUBDIVISION MAP

OF TIVOLI MABLE PARCEL
WHEREAS, on February 26, 2008, by Ordinance No. 3479-CS the City Council adopted the Tivoli Specific Plan; and
WHEREAS, the Tivoli Specific Plan is separated into nine Area Plans to provide for the orderly development of each area of the Specific Plan, with each Area Plan adopted by the Planning Commission in accordance to Chapter 9, Implementation, of the Specific Plan, or by City Council Resolution in certain situations; and
WHEREAS, Mable Avenue Properties LP has filed an application for a Vesting Tentative Subdivision Map, Tivoli Mable Parcel, to divide 22.8 acres into 92 single-family residential lots, as described in Exhibit “A,” attached hereto and incorporated herein by reference, all within Area Plan No. 4 of the Specific Plan, property located south of Mable Avenue and east of Oakdale Road; and WHEREAS, said Vesting Tentative Subdivision Map was received together with an application to amend the land use diagram of the Tivoli Specific Plan (Project ID: SPA-25-003), to amend two acres from Very Low Density Residential (VLDR) which allows 1-3 dwelling units per acre to Low Density Residential (LDR) which allows 4-8 dwelling units per acre; and #30..
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WHEREAS, said Vesting Tentative Subdivision Map was also received together with an application for the adoption of Area Plan No. 4 of the Tivoli Specific Plan (Project ID: AREA-25-002); and
WHEREAS, said Vesting Tentative Subdivision Map was also received together with an application for the adoption of a Final Development Plan (Project ID: FDP-25-001), to provide for certain building setback and development standards as allowed by Chapter 9, Section 9.4.1.2 of the Specific Plan; and WHEREAS, said Vesting Tentative Subdivision Map was received in the office of the Secretary of the Planning Commission on January 22, 2025, and was accepted for filing and deemed complete on December 29, 2025, in accordance with the provisions of Section 4-4.401 of the Modesto Municipal Code; and
WHEREAS, copies of said vesting tentative subdivision map have been sent to the Sylvan Elementary School and Modesto High School Districts, Modesto Irrigation District, the local utility companies, and the City Engineering and Transportation Department; and
WHEREAS, City services, including sewer and water facilities, are available; and
WHEREAS, the area can be served by elementary schools in the Sylvan School District and by Fire Station No. 7 at 1800 Mable Avenue, located within one mile; and
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WHEREAS, an Addendum to the Tivoli Final Environmental Impact Report (Tivoli FEIR), EA/C&ED 2026-03, was prepared pursuant to Section 15164 of the CEQA Guidelines, which concluded that the project is within the scope of the Tivoli Specific Plan Final EIR (SCH No. 2005072125) and that pursuant to Sections 15162 and 15164 of the CEQA Guidelines, no new environmental review is required; and
WHEREAS, a public hearing was held by the Planning Commission on February 23, 2026, 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 Planning Commission by Resolution No. 2026-12 recommended to the City Council approval of the Vesting Tentative Subdivision Map of Tivoli Mable Parcel, subject to the Conditions of Approval in said Resolution; and
WHEREAS, said matter was set for a public hearing of the City Council to be held on April 7, 2026 in Chambers of City Hall, located at 1010 Tenth Street, Modesto, California, at which date and time of said duly noticed public hearing was held.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Modesto that it hereby finds and determines as follows:
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1. There are no substantial changes proposed in the project that will require major revisions of the Tivoli Specific Plan Final EIR (SCH No. 2005072125).

3. No new information, which was not known and could not have been known at the time the Tivoli Specific Plan Final EIR was certified as complete, has become available.

4. The Addendum to the Tivoli Final EIR EA/C&ED 2026-03, and all other evidence in the record, provides the substantial evidence to support findings 1-3, noted above.

5. The City Council has considered the Addendum to the Tivoli Final EIR EA/C&ED 2026-03 in making this approval and finds that the Addendum reflects the City Council’s independent judgment.

BE IT FURTHER RESOLVED by the City Council of the City of Modesto that:

6. The proposed vesting tentative subdivision map, together with the provisions for its design and improvements, is consistent with the General Plan of the City of Modesto, the Tivoli Specific Plan (as amended) the Subdivision Map Act of the State of California, and Title 4 of the Modesto Municipal Code regarding the subdivision of land.

7. The discharge of waste as a result of the proposed vesting tentative subdivision map into the existing sewer system will not result in a violation of existing requirements by the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code of the State of California.

BE IT FURTHER RESOLVED by the City Council of the City of Modesto that the Vesting Tentative Subdivision Map for Tivoli Mable Parcel, as described in Exhibit “A,” attached hereto and incorporated herein by reference, is hereby approved based on the findings contained in the staff report presented to the City Council on April 7, 2026, and subject to the following conditions:
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1. The Tivoli Mable Final Map cannot be recorded unless and until the City Council approves the proposed amendment to the Land Use Diagram of the Tivoli Specific Plan (SPA-25-003) to change VLDR-3 to LDR-12 to allow for the development of the 92-lot single-family residential development as proposed. Said approval shall be noted on the Final Map.

2. Prior to recordation of a Final Map, new street names for Streets A, B, C, D, E and Courts B, D, E and G shall be proposed and approved by both the City and the County.

3. Developer is responsible for constructing a seven (7) foot high wooden fence on the entire length of the Mable subdivision adjacent to the existing Mable Avenue rear property lines. This includes but is not limited to fencing along the property lines of Lots 29 through 31, Lot 41, Lot C, and Lots 8 and 9.

4. Any new two-story residential development on lots adjacent to existing single-story residences, including but not limited to development on Lots 29 through 31, Lot 41, Lot C, Lot 8, Lot 9, and Lots 72 through 80shall be subject to the City’s Second Story Review process as provided by Modesto Municipal Code Section 10-4.110 and be required to conform to City of Modesto’s Neighborhood Compatibility Guidelines.

Land Development Engineering:

5. Prior to recordation of a Final Map, project applicant shall produce improvement plans for required improvements prepared by a Registered Civil Engineer according to City standards and the Tivoli Specific Plan. Improvement plans shall be submitted for approval by the City Engineer or designee.

6. Project applicant shall ensure that any public improvements that are missing damaged or not to current City standards shall be designed and constructed per City standards in accordance with City Code (Article 7-1.701) and the Tivoli Specific Plan. Such improvements may include, but not be limited to curb & gutter, drive approach, sidewalk, ADA access ramps, fire hydrants and streetlights. All public improvement plans shall be designed by a Registered Engineer, reviewed and approved by the City Engineer prior to issuance of an Encroachment permit.

7. Project applicant shall ensure that all existing underground and aboveground utilities, irrigation, and electrical lines shall be protected, relocated, or removed as require by the City Engineer or designee.

8. The project applicant shall ensure that the proposed development is designed to function independently, with complete and operational #30..
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pedestrian and vehicular circulation, utility infrastructure, and all other required improvements, in accordance with the Tivoli Specific Plan and applicable City Standards. Each tentative map or development phase must be capable of operating independently without reliance on the buildout of adjacent or future projects. Final design shall be subject to review and approval by the City Engineer.

Mable Project Specific Conditions:

9. As part of the Paregian Phase 1 improvement plans, the developer shall be responsible for the design of the full roadway improvements consistent with the Tivoli Specific Plan for Mable Avenue from Oakdale Road on the west to project limits on the east, subject to review and approval of the City Engineer.

10. As part of the Paregian Phase 1 improvement plans, the developer shall design and construct a one-tenth of a foot (0.1') Asphalt Concrete (AC) pavement overlay for length of the Mable Avenue, from Oakdale Road on the west to the project limits on the east, subject to review and approval of the City Engineer.  The AC pavement for Mable shall be constructed with the Paregian Phase 1 improvements.

11. The developer shall be responsible for the design of the three proposed roundabouts along Bridgewood Way within, or adjacent to, the project limits, subject to review and approval of the City Engineer.

Prior to the issuance of the first building permit, the roundabout at Aria Way and Bridgewood Way shall be fully designed, constructed, and all necessary right-of-way and/or easements shall be acquired to accommodate the full roundabout improvements to the satisfaction of the City Engineer. The remaining two proposed roundabouts shall be designed but are not required to be constructed with this project. All roundabouts shall be designed by a California-registered civil engineer with demonstrated experience in roundabout design.

12. The developer shall be responsible for the design and installation of full street improvements along Bridgewood Way, except along the future school frontage, where the developer may obtain an easement or acquire right-of-way sufficient to install one travel lane, subject to approval by the City Engineer. Along the park side, only curb and gutter improvements will be required, unless pedestrian improvements are required to meet ADA requirements, as
determined by the City Engineer.

13. The developer shall be responsible for full street improvements of Street A and the Mable Avenue frontage, including curb and gutter improvements on the opposite (park) side, as determined by the City Engineer.

14. The developer shall design and install the pedestrian paseo on the north side of Bridgewood along the park to provide a continuous pedestrian connection to Aria Way, if required to meet pedestrian access requirements, subject to City Engineer’s approval. #30..
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15. The proposed temporary gate location shall be subject to approval by the Fire Marshal and City Engineer and shall be designed and installed to provide fire apparatus turnaround capability in both directions, be equipped with Knox keys or other approved emergency access devices, and be maintained in good working condition by the developer. The developer shall be responsible for the maintenance and repair of the temporary gate until it is removed or replaced with permanent improvements approved by the City. Berms or Ditches shall be installed prior to the commencement of any construction activities to prevent vehicles from driving around the temporary gate and shall remain in place for the duration of construction, as approved by the City Engineer.

16. Any temporary or interim improvements installed by the developer shall not be considered reimbursable as they will need to be removed to install ultimate improvements.

17. Project is required to provide 10-foot Public Utilities Easement (PUE) and 10-foot Planting Easement (PE) on each side of the proposed Right of Ways.

18. Court B between lot 30 and 31 has a PUE conflict where continuous 10’ of PUE must be provided for utilities and planting easement. This may require street shifting to south.

19. The developer shall install staggered decorative lighting along Bridgewood, Street A and adjacent to the park and provide two-arm decorative lights along the paseo.

Land Development Engineering, Water:

20. A section of existing 16-inch transmission main running along the northerly and easterly property limits of the subdivision shall be relocated in Bridgewood Way and in Street ‘A’.

21. Project applicant shall construct Water lines per the Facilities Master Plan (FMP), including 16-inch water lines and smaller parallel distribution water lines, as per the FMP and Tivoli Specific Plan. All applicable water connection fees shall be paid, and an encroachment permit obtained from the City prior to any connection being made in the City’s public Right-of-Way.

Land Development Engineering, Sewer:

22. Sewer lines shall be constructed as per the Facilities Master Plan (FMP) and the Tivoli Specific Plan. Plans and calculations shall be submitted for review. All applicable sewer connection fees shall be paid, and an encroachment permit obtained from the City prior to any connection being made in the City’s public Right-of-Way.

Land Development Engineering, Storm Drain:

23. The project applicant shall be required to design and construct storm drainage improvements that direct stormwater runoff to the central park basin, as identified in the Tivoli Specific Plan. In addition, the #30..
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applicant may be required to excavate and remove soil within the basin area to create adequate stormwater storage capacity, subject to review and approval by the City Engineer. To the extent feasible, basin improvements shall accommodate the ultimate basin design, as necessary to support the overall functionality of the basin.

24. The developer shall provide plans and calculations for storm water basin(s) and storm water management per City Standards to serve this development and provisions for buildout of the Tivoli Specific Plan. Volume and water quality requirements must be met per City Standards and the 2025 Modesto Stormwater Guidance Manual. The developer shall provide storm drainage calculations for the proposed conveyance system all the way to the proposed storm drainage basin including off-site flows that will convey through the proposed subdivision.

25. Developer shall provide plans and calculations to ensure that the downstream basin is sized adequately to take in the additional stormwater runoff from the project.

26. Expansion of the basin may be required depending on the submitted calculations or as determined by the City Engineer.

27. Developer shall demonstrate that future subdivisions, including their offsite flows, are able to flow through the Mable subdivision. Future design may have to include a potential lift station if necessary.

28. Prior to the issuance of a Grading, Demolition, or Building Permit, Developer shall prepare and submit a Water Pollution Control Plan (WPCP) or Local SWPPP to Land Development Engineering,
Stormwater for review. The WPCP or Local SWPPP shall include a description of all erosion, sediment, and pollution control BMPs to be used at the construction or demolition site to prevent sediment and other sources of pollution from entering the City storm drain system as well as a site plan showing their placement.

29. The proposed project disturbs one (1) or more acres of soil, and is therefore required to obtain coverage under the General Permit for Discharges of Stormwater associated with Construction Activity in accordance with Construction General Permit.

30. The proposed project includes residential development of greater than 10 units, and is therefore considered a Priority Project.

31. Prior to the issuance of a Grading, Demolition, or Building Permit, Developer shall submit improvement plans conforming to design requirements of the most current edition of the City of Modesto Guidance Manual for Development, Stormwater Quality Control Measures and the City of Modesto Municipal Code.

32. The conditions of approval specific to utilities, pedestrian, vehicular, and emergency vehicle access were created based on the currently approved tentative maps in the Tivoli Specific plan to ensure safe and fully accessible paths of travel and utility service to meet City Standards. As such, the timing of the respective developments in #30..
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Tivoli is unknown, therefore the implementation of the timing and order of the construction of the improvements may be adjusted by the City Engineer to facilitate the orderly development of the area to meet the accessibility and access requirements.

Parks Planning and Development:

33. Applicant shall submit Landscape and Irrigation (L&I) plans for review and approval by the City’s Parks Planning and Development (PPD) Division. L&I plans shall meet the current State of California Model Water Efficient Landscape Ordinance (MWELO) requirements, Modesto Municipal Code (MMC) requirements and City of Modesto Standards at the time of submittal.

34. Applicant shall install a separate water meter for public landscape areas.

35. Applicant shall install street trees every thirty-five to forty feet on center (35-feet to 40-feet, OC) along all proposed streets.

36. Applicant shall install one (1) street tree per residential lot unless on a corner lot which requires street trees every thirty-five to forty feet on center (35-feet to 40-feet, OC) of the parcel’s length.

37. Applicant shall install climbing vines on all masonry walls, in a landscape planter, visible to public view to discourage tagging.

38. Applicant shall provide signage with appropriate landscaping for Clear Vision Triangles at entrances. Within the triangle, the area between three (3) and eight (8) feet in height measured from top of curb adjacent to landscape shall be clear.

39. Low Impact Development (LID) control and treatment measures shall be planted with vegetation for erosion protection and sediment entrapment to collect/treat storm water run-off before entering the storm drain system. Storm drainage basins shall be appropriately landscaped and irrigated to address the specific type of storm water control measure. Provide total square feet of the landscape area in project information.

Infrastructure Finance:

40. Requirement to provide perpetual funding for required City services and maintenance:
a. Prior to recordation of a Final Map for any residential project involving the subdivision of land into single family parcels or issuance of a building permit for any other project, the applicant shall provide for perpetual funding to cover the full cost of the following services provided to the proposed development:
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ii. Open space services, and flood and storm protection services, including the operation and maintenance of storm drainage systems;
iii. Perpetual funding to cover the full cost of maintenance and operation of any public improvements or other tangible property owned by the City with an estimated useful life of five or more years constructed as part of the proposed development.

41. The perpetual funding can be provided in the following manner:
a. Community Facilities District (CFD): Applicant shall annex the development into the existing City of Modesto Community Facilities District 2024-1 (Tivoli) in compliance with the requirements of the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) including, without limitation, affirmative votes, and the recordation of a Notice of Special Tax Lien. Applicant shall be responsible for all costs associated with the CFD proceedings.

Or:
b. Direct Funding. Applicant shall deposit with the City an amount necessary, as reasonably determined by the City and approved by the City Council, to fund in perpetuity the full on-going cost of these obligations.

42. A One-Time Facilities Special Tax shall be collected prior to certificate of occupancy issuance for any new construction on taxable property within the CFD 2024-1 (Tivoli). The estimated One-Time Facilities Tax and Annual Maintenance Special Tax are listed below by parcel.

Per-Acre Maximum Taxes:
• Maximum One-Time Facilities Tax: $104,000.00
• Maximum Annual Maintenance Special Tax: $5,372.00
• Maximum Annual Facilities Special Tax: $10,465.00

43. Per the Rate and Method of Apportionment (RMA) each fiscal year on July 1st, the escalation factor is placed on the CFD Taxes.

Annual Facilities Special Tax shall escalate each year by two-percent (2%). One-Time Tax Special Tax and Annual Maintenance Special Tax shall escalate each year by the greater of the percentage increase, if any construction cost index for the San Francisco region for the prior 12 months as published in the Engineering News or comparable source, or four-percent (4%).

44. Below is a list of the fees associated with the Tivoli development, with information regarding the fee types:
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a. Public Land Equalization Fee (LEFP): the LEFP is allocated equally among the parcels based on their net acreage, and is based on the infrastructure required to provide to the community as fair share of “volunteered” contribution for the benefit and privilege of developing a piece of property within Tivoli. The LEFP shall be collected prior to Final Map recordation. The current LEFP will be $1,201,917.57 based on the gross
developable acreage for this project. This fee is subject to annual adjustments based on a three-year average of appraised fair market value.
b. Specific Plan Reimbursement Fee: the Tivoli Specific Plan Reimbursement Fee was approved by City Council Resolution No. 2019-196 on April 23, 2019, to reimburse for the cost of preparation, adoption and administration of the Tivoli Specific Plan. This fee will be due prior to building permit issuance and is currently $113,775.04 for this project.

45. Capital Facilities Fees (CFF) will be due and payable at the time a building permit is issued. CFF are impact fees established to mitigate the impacts of new development as outlined in Section 66000 of the California Government Code. The CFF for the 90 residential lots is calculated at the Single Family Rate in effect at the time of building permit issuance.

Modesto Irrigation District (MID):

46. Improvement plans and maps must be submitted to Modesto Irrigation District’s Civil Engineering Department for review.

47. All existing cast-in-place (CIP) pipe/culvert, corrugated metal pipe (CMP), polyvinyl chloride pipe (PVC) pipeline, disturbed pipeline, and appurtenant facilities that lie within the project limits must be replaced with rubber gasketed reinforced concrete pipe (RGRCP) that meets AASHTO requirements for HS20-44 traffic loading conditions:
a. Class IV RGRCP is required under all roads and must extend a minimum of 10’ each way beyond the drive path in any new development or improvement.
b. Type III RGRCP is required under any other location, unless otherwise required by MID representative.
c. The pipeline shall be installed with a minimum of 30” of cover from pipe bell to final grade. If 30” of cover cannot be achieved, Class IV RGRCP will be required with a cover no less than 24” from the pipe bell to final grade.
d. Ground disturbing activities at or within ten (10) feet of the existing pipeline will also require the replacement of the existing pipeline.
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48. Irrigation to the landowners and neighboring landowners via the private irrigation facilities within the subject parcels must be maintained. If it is determined that the existing privately-owned infrastructure will be affected by the proposed project, MID requires consulting with downstream landowners to ensure their rights to water is maintained and discuss potential improvement plans for review and approval. MID will act as a liaison for privately-owned facilities but both MID and the landowner(s) must approve the plans.

49. All privately-owned facilities that will be improved, or have their alignment changed or relocated must be protected by an easement dedicated by separate instrument to the downstream landowner(s) that are served by the existing private infrastructure and the easement must be shown on the subdivision map.

50. There may be additional existing privately-owned infrastructure not recorded by MID. If it is determined that any of the existing infrastructure will be affected by the proposed project, the project proponent must consult with the affected property owners and MID to discus potential improvement plans for review and approval.

51. All abandoned-in-place irrigation facilities shall be removed within a development parcel. Abandoned pipeline facilities must be saw cut and plugged per MID irrigation standard construction detail C 55 a minimum of five (5) feet beyond the development parcel within the adjacent parcel.

52. All existing pipeline infrastructure that will no longer be used due to the project shall be removed entirely and properly disposed of off-site at the project proponent’s expense. Abandoning existing pipeline infrastructure in place is not allowed.

53. MID easements for protection of overhead and underground electrical facilities are required. MID overhead secondary cable shall be protected by a minimum 20’ wide easement centered on the overhead cable. Overhead primary cable shall be protected by a minimum 30’ wide easement centered on the overhead cable. MID underground secondary cable shall be protected by a minimum 5 foot. wide easement centered on the underground cable. MID underground primary cable shall be protected by a minimum 10 foot. wide easement centered on the underground cable. When
underground cable is not located in the Road Right of Way or within the PUE along the street frontage a MID easement is required to protect the existing underground electrical facilities and maintain necessary safety clearances.General Conditions:

54. All fire hydrants and fire apparatus access roads meeting the requirement for “all weather” will need to be installed prior to combustible construction materials being brought into the site. #30..
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55. Developer shall install fire hydrants along all streets in the subdivision in accordance to City Standards and to the satisfaction of the Fire Marshall and City Engineer or designees.

56. Future home buyers and prospective residents of the Tivoli Specific Plan shall be provided disclosure that they are subject to noise, dust, odor and other impacts from adjacent agricultural operations. Such notice shall be placed on the Final Map at recordation.

57. Prior to Certificate of Occupancy of any structure, fences and walls shall be installed in accordance to the design standards of the Tivoli Specific Plan, Section 5.7, Community Wide Walls and Fencing Guidelines and Standards.

58. Prior to start of construction, all-weather, hard-surfaced roadways shall be constructed and maintained free of obstructions at all times during construction as required by Director of Community and Economic Development.

59. At the time of issuance of a building permit, the developer shall pay development impact fees at the established rate. Such fees may include but are not limited to, sewer and water connection fees, community facility fees, building permit and plan check fees.

60. All department Conditions of Approval for the project shall be included with building plans and shall be continuously maintained onsite during project construction to the satisfaction of the Chief Building Official.

61. All existing underground and aboveground utilities, irrigation, and electrical lines shall be protected, relocated or removed as required by the utility companies and the City Engineer or designee.

Easements for utilities, irrigation and electrical lines to remain shall be reserved as required.

62. All landscaping, fences, and walls shall be maintained and the premises shall be kept free of weeds, trash, and other debris.

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

The following conditions are mitigation measures from the Tivoli Final EIR and EIR Addendum that are applicable to the project:
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64. Air Quality (Tivoli FEIR Mitigation Measure E.1): The construction plans for each group of building permits shall incorporate the following recommendations from the San Joaquin Valley Air Pollution Control District to minimize emissions during construction phases:
a. The project developers shall review Regulation VIII of the San Joaquin Valley Air Pollution Control District regulations and submit a compliance plan to the City of Modesto prior to commencing any phase of construction. The compliance plan must demonstrate that the current requirements of Regulation VIII will be implemented. Compliance plan shall be submitted to and approved by the Community and Economic Development
Department prior to the issuance of a grading or building permit, whichever occurs first.
b. Prior to the issuance of construction contracts, the project developers shall perform a review of new technology, as it relates to heavy-duty equipment, to determine what, if any, advances in emissions reduction are available for use. It is anticipated that in the near future both NOx and PM10 control equipment will be available. The San Joaquin Valley Air Pollution Control District should be consulted during this process. The Project Developers shall incorporate available new technology in construction contracts.
c. The project developers shall limit traffic speed on unpaved roads to 15 miles per hour.
d. The project developers shall install sandbags or other control measures to prevent silt runoff to public roadways from sites with a slope greater than 1 percent.
e. The project developers shall install wheel washers for all exiting trucks, or wash off all trucks and equipment leaving the site, to prevent track-out of soil to public roadways.
f. The project developers shall install windbreaks at windward sides of construction areas, if necessary to prevent wind-blown dust. Windbreaks shall be installed by the Project Developers prior to the issuance of grading or building permit, whichever occurs first.
g. The project developers shall suspend excavation and grading activity when winds exceed 20 miles per hour.
h. Wind speed measuring devices shall be installed by the Project Developers prior to the issuance of grading or building permit, whichever occurs first.
i. The project developers shall limit the area subject to excavation, grading, and other construction activity at any one time. #30..
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j. The project developers shall ensure that the accumulation of mud or dirt is expeditiously removed from adjacent public streets at least once every 24 hours when construction activities are occurring (the use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions). Project Developer shall provide a daily street sweeping schedule prior to the issuance of grading or building permit, whichever occurs first. k. The project developers shall use alternative-fuel construction equipment, where feasible. Project Developer shall provide a list of any alternative equipment prior to the issuance of grading or building permit, whichever occurs first.
l. The project developers shall minimize idling time (e.g., to a 10- minute maximum).
m. The project developers shall limit the hours of operation of heavy-duty equipment and/or the amount of equipment in use to the minimum practical.
n. The project developers shall replace fossil-fueled equipment with electrically driven equivalents (provided they are not run via a portable generator set), where feasible.
o. The project developers shall take steps to curtail construction activity during periods of high ambient pollutant concentrations; this may include reducing construction activity during the peak hour of vehicular traffic on adjacent roadways or ceasing construction activity during days declared as Spare the Air days by the San Joaquin Valley Air Pollution Control District. p. The project developers shall implement activity management to reduce cumulative short-term impacts. Activity management plan shall be submitted to and approved prior to the issuance of a grading or building permit, whichever occurs first.

65. Air Quality (Tivoli FEIR Mitigation Measure E.2c): The site design shall fulfill the following requirements to reduce emissions from energy consumption:
a. The project developers shall incorporate energy efficient building design features including automated control systems for heating and air conditioning and overall energy efficiency at least 10 percent beyond the requirements of the California Energy Code (Title 24, California Code of Regulations), using features such as increased wall and ceiling insulation beyond Energy Code requirements, light colored roof materials to reflect heat, and energy efficient lighting and lighting controls. Prior to building permit issuance of each project, construction plans shall show that all energy efficient measures are included.
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b. The project developers shall design buildings with windows and/or skylights oriented to maximize natural cooling and heating in accordance with the California Energy Commission’s 2005 Building Energy Efficiency Standards.
c. The project developers shall incorporate approved deciduous trees to provide shade on the south and west-facing sides of buildings. Prior to building permit issuance of each project, landscape plans shall be approved.

66. Noise (Tivoli FEIR Mitigation Measure F.2a): Design and implement new barriers for noise control at exterior locations of proposed residential development adjacent to major roadways. Prior to building permit issuance of each project, construction plans shall show all noise control features are included. The noise control features shall be installed prior to certificate of occupancy.

67. Hazards (Tivoli FEIR Mitigation Measure G.2): Conduct Phase I Environmental Site Assessments prior to issuance of grading or building permit, whichever occurs first. Remediation shall be implemented prior to issuance of grading or building permit or as determined by the Phase I ESA.

68. Biological Resources (Tivoli FEIR Mitigation Measure H.4): Applicant shall conduct pre-construction surveys to avoid nest disturbance. (See pp. IV.H.15-IV.H.16 for more detail.)

69. Biological Resources (Tivoli FEIR Mitigation Measure H.5):

Compensation for loss of foraging habitat. The entire Tivoli project could result in the loss of up to 297.5 acres of foraging habitat for Swainson’s Hawks. The Project Biologist will determine the actual acreage of suitable foraging habitat related to the development of the Arcadia property, and that loss shall be mitigated by providing offsite Habitat Management (HM) lands as described in the CDFG’s Staff Report regarding Mitigation for Impacts to Swainson’s Hawks (Buteo Swainson) in the Central Valley of California because the site was confirmed to be foraging habitat for Swainson’s Hawks through direct observation and is likely within ten miles of an active nest (used during one or more of the last five years).

The acreage of off-site management lands to be provided will depend on the distance between the project site and the nearest active nest site.

The 1994 CDFG staff report states:
a. Projects within one mile of an active nest tree shall provide:
i. One acre of HM land (at least 10% of the HM land requirements shall be met by fee title acquisition or a conservation easement allowing for the active management of the habitat, with the remaining 90% of the HM lands protected by a conservation easement [acceptable to the Department] on agricultural lands or #30..
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other suitable habitats that provide foraging habitat for Swainson’s Hawk) for each acre of development authorized (1:1 ratio); or One-half acre of HM land (all of the HM land requirements shall be met by fee title acquisition or a conservation easement [acceptable to the Department] which allows for the active management of the habitat for prey production on the HM lands) for each acre of development authorized (0.5:1 ratio).
ii. Projects within 5 miles of an active nest tree but greater than 1 mile from the nest tree shall provide 0.75 acres of HM land for each acre of urban development authorized (0.75:1 ratio). All HM lands protected under this requirement may be protected through fee title acquisition or conservation easement (acceptable to the department) on agricultural lands or other suitable habitats that provide foraging habitat for Swainson’s Hawks.
iii. Projects within 10 miles of an active nest tree but greater than 5 miles from an active nest tree shall provide 0.5 acres of HM land for each acre of urban development authorized (0.5:1 ratio). All HM lands protected under this requirement may be protected through fee title acquisition or conservation easement (acceptable to the Department) on agricultural lands or other suitable habitats that provide foraging habitat for Swainson’s Hawks.
iv. Management Authorization holders/project sponsors shall provide for the long-term management of the HM lands by funding a management endowment (the interest on which shall be used for managing the HM lands) at the rate of $400 per HM acre. Current records within the California Natural Diversity Data Base (CNDDB) are more than five years old, so they alone cannot be used to confirm a mitigation ratio for the loss of approximately 38 acres of foraging habitat related to the Arcadia Properties Tivoli project. The CNDDB records do, however, provide guidance.

The mitigation ratio depends on whether the project site is within one of three zones: 1) less than a mile; 2) between one and five miles; or 3) between five and ten miles. Nests have been recorded within the riparian habitats along both the Stanislaus River and Tuolumne River within ten miles of the project site.

Even though the existing records along these rivers are more than five years old, active unpublished nests along these rivers within the last five years are nearly certain to have occurred. Therefore, this analysis assumes that active Swainson’s Hawks nests are present within ten miles of the project site.
v. Nest season surveys for Swainson’s Hawks should be conducted to confirm whether an active nest occurs within one of the closer zones. Assuming that nests are present within ten miles, however, reduces the area requiring nest-season surveys from #30..
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314.2 square miles to 78.5 square miles; the area within 5 miles of the project site.

70. Biological Resources (Tivoli FEIR Mitigation Measure H.6a):

Implementation of formal CDFW guidelines (Staff Report on Burrowing Owl Mitigation) to avoid and minimize impacts to Burrowing Owls. In conformance with federal and state regulations regarding the protection of raptors, a habitat assessment in accordance with CDFW guidelines for Burrowing Owls should be completed prior to the start of construction. Burrowing Owl habitat on the project site and within a 500-foot (150 m) buffer zone should be assessed. If the habitat assessment concludes that the site and immediate vicinity lack suitable Burrowing Owl habitat, no additional action would be warranted. However, if suitable habitat is located on, or immediately adjacent to, the site, all Burrowing Owl habitat should be mapped at an appropriate scale, and the following mitigation measures should be implemented:
a. In conformance with federal and state regulations regarding the protection of raptors, a pre-construction survey for Burrowing Owls, in conformance with CDFW guidelines, should be
completed no more than 30 days prior to the start of construction within suitable habitat. Three additional surveys should also be completed per CDFW guidelines prior to construction.
b. No Burrowing Owls will be evicted from burrows during the nesting season (February 1 through August 31). Eviction outside the nesting season may be permitted pending evaluation of eviction plans and receipt of formal written approval from the CDFW authorizing the eviction.
c. A 250-foot (76 m) buffer, within which no new activity will be permissible, will be maintained between project activities and nesting Burrowing Owls during the nesting season. This
protected area will remain in effect until August 31, or at the CDFW’s discretion and based upon monitoring evidence, until the young owls are foraging independently.
d. If accidental take (disturbance, injury, or death of owls) occurs, the CDFW will be notified immediately.

71. Biological Resources (Tivoli FEIR Mitigation Measure H.6b):

Compensation for loss of Burrowing Owl habitat. If pre-construction surveys determine that Burrowing Owls occupy the site and avoiding development of occupied areas is not feasible, then habitat compensation on off-site mitigation lands should be implemented.

Habitat Management (HM) lands comprising existing Burrowing Owl foraging and breeding habitat should be acquired and preserved. An area of 6.5 acres (2.6 ha) (the amount of land found to be necessary to sustain a pair or individual owl) should be secured for each pair of #30..
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owls, or individual in the case of an odd number of birds. As part of an agreement with the CDFW, the project applicant should secure the performance of its mitigation duties by providing the CDFW with security in the form of funds that would:
a. Allow for the acquisition and/or preservation of 6.5 acres (2.6 ha) of HM lands;
b. Provide initial protection and enhancement activities on the HM lands, potentially including, but not limited to, such measures as fencing, trash clean-up, artificial burrow creation, grazing or mowing, and any habitat restoration deemed necessary by CDFW;
c. Establish an endowment for the long-term management of the HM lands; and
d. Reimburse the CDFW for reasonable expenses incurred as a result of the approval and implementation of this agreement.

72. Hydrology and Water Quality (Tivoli FEIR Mitigation Measure I.1):

The project proponent shall prepare a SWPPP for each development project under the Specific Plan (or one master SWPPP for all development) designed to reduce potential impacts to surface water quality through the construction period of all of the project components (whether or not the particular portion of the project disturbs more than one acre). The SWPPP shall emphasize measures designed to minimize erosion and off-site sedimentation. It is not required that the SWPPP be submitted to the RWQCB, but must be maintained on-site and made available to RWQCB staff upon request. The SWPPP shall include:
a. Specific and detailed BMPs designed to mitigate constructionrelated pollutants. At minimum, BMPs shall include practices to minimize the contact of construction materials, equipment, and maintenance supplies (e.g., fuels, lubricants, paints, solvents, adhesives) with storm water. The SWPPP shall specify properly designed, centralized storage areas that keep these materials out of the rain.
b. An important component of the storm water quality protection effort is knowledge of the site supervisors and workers. To educate on-site personnel and maintain awareness of the importance of storm water quality protection, site supervisors shall conduct regular tailgate meetings to discuss pollution prevention.

The frequency of the meetings and required personnel
attendance list shall be specified in the SWPPP.
c. The City staff shall review and approve project SWPPP prior to developer obtaining a Grading and Building Permit. Project SWPPP shall include and adequately address all elements in the #30..
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State General Construction Permit (Waste Discharge
Requirements for Discharges of Stormwater Runoff Associated with Construction Activity, State Water Resources Control Board Order Number 99-08-DWQ).
d. BMPs designed to reduce erosion of exposed soil may include, but are not limited to, soil stabilization controls, watering for dust control, perimeter silt fences, placement of hay bales, and sediment basins. The potential for erosion is generally increased if grading is performed during the rainy season as disturbed soil can be exposed to rainfall and storm runoff. If grading must be conducted during the rainy season, the primary BMPs selected shall focus on erosion control; that is, keeping sediment on the site. End-of-pipe sediment control measures (e.g., basins and traps) shall be used only as secondary measures. Entry and egress from the excavation area shall be carefully controlled to minimize off-site tracking of sediment. Vehicle and equipment wash-down facilities shall be designed to be accessible and functional during both dry and wet conditions.

73. Hydrology and Water Quality (Tivoli FEIR Mitigation Measure I.2):

The City shall ensure that development under the proposed project meets all the requirements of the current Municipal NPDES Permit (NPDES Permit No. R5-2002-0132 as amended by Order No. R5- 2003-0182) for operation-phase water quality treatment. The drainage plan for each proposed development under the Specific Plan shall include features and operational BMPs to reduce potential impacts to surface water quality associated with operation of the project. The final design shall include measures designed to mitigate potential water quality degradation of runoff from all portions of the completed development. In general, “passive,” low-maintenance BMPs (e.g., grassy swales, porous pavements) are preferred over active filtering or treatment systems. An operations and maintenance plan shall be developed and implemented to inspect and maintain BMPs in perpetuity.

The final design team for the development project shall review and incorporate as many concepts as practicable from the City’s Guidance Manual for New Development Stormwater Quality Control Measures, Start at the Source, Design Guidance Manual for Stormwater Quality Protection and the California Stormwater Quality Association’s Stormwater Best Management Practice Handbook, Development and Redevelopment. BMPs to be implemented by the developers within the plan area may include, but are not limited to, the BMPs described below for the construction and operation phases of the projects:

During the Construction Phase:
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a. Erosion control BMPs may include preservation of existing vegetation, use of hydraulic mulch, hydroseeding, soil binders, earth dikes and drainage swales, velocity dissipation devices and implementation of channel bank stabilization techniques; b. Temporary sediment control BMPs may include use of silt fences, sediment traps, sediment basins, check dams, fiber rolls, and drainage inlet protection;
During the Operation Phase:
c. Permanent operation-phase BMPs may include: minimization of directly connected impervious surfaces, use of permeable pavements or unit pavers, grassy bioswales, stormwater planters, covering of refuse handling areas, stenciling drainage inlets, wet ponds, and detention basins.

At a minimum, runoff from all components of the project shall receive some level of treatment prior to discharging to the detention basins.

Runoff would then be detained in the basins prior to being pumped into the Modesto Irrigation District’s canal.

74. Hydrology and Water Quality (Tivoli FEIR Mitigation Measure I.3b):

As a condition of approval of the final grading and drainage plans for all projects proposed within the plan area it must be demonstrated through detailed hydraulic analysis that implementation of the proposed drainage plans will:
a. Include adequately sized detention facilities to accommodate anticipated runoff associated with the 100-year storm event. A licensed professional engineer shall prepare the final drainage plan for the project and plans must be submitted to the City of Modesto Public Works for review and approval.
b. Include drainage components that are designed in compliance with City of Modesto standards. The grading and drainage plans shall be reviewed for compliance with these requirements by the Department of Public Works; and
c. Establish a funding mechanism for maintenance and annual inspections of the detention basin, drainage ditches, and drainage inlets. Any accumulation of sediment or other debris shall be promptly removed. An annual report documenting the inspection and any remedial action conducted shall be submitted to the City of Modesto Public Works Department for review.

75. Developer shall comply with Tivoli FEIR Mitigation Measure I.4, Hydrology and Water Quality, to the satisfaction of the City Engineer or designee.

76. Hydrology and Water Quality (Tivoli FEIR Mitigation Measure I.8):

Prior to approval of a grading plan for development of a particular #30..
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parcel of the Specific Plan area, a well survey shall be conducted to determine the location and characteristics of each well for that particular parcel. (See pp. IV. I.18-IV.I.19 for more detail.)

77. Geology, Soils and Seismicity (Tivoli FEIR Mitigation Measure J.1): In locations underlain by expansive soils and/or non-engineered fill, the designers of foundations and improvements (including sidewalks, roads, and utilities) shall consider these conditions. (See p. IV.J.7 for more detail.)

78. Geology, Soils and Seismicity (Tivoli FEIR Mitigation Measure J.2):

Prior to issuance of a grading permit, a site-specific grading plan shall be prepared by a licensed professional and submitted to the City Building Department for review and approval. The plan shall include specific recommendations for mitigating potential settlement associated with fill placement and areas of different fill thickness. (See p. IV.J.8 for more detail.)
SFPUC ROW Conditions

79. Prior to the commencement of improvements to the Right of Way at the intersection of Oakdale and Claratina Avenue, or any road modifications where they intersect with SFPUC ROW, applicant must submit to Hetch Hetchy Water and Power (HHWP), a HHWP Project Review and Land Use Application and obtain written authorization from SFPUC for any proposed crossing, use of, reclassification, rezoning or work on CCSF-owned land. Contact
[email protected]
BE IT FURTHER RESOLVED that the conditions of project approval set forth herein include certain fees, dedication requirements, reservations requirements, and other exactions, and that pursuant to Government Code Section 66020(d)(1), these conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions.

BE IT FURTHER RESOLVED that the applicant is hereby further notified that the ninety (90) days approval period in which a protest of these fees, dedications, reservations, and other exactions, pursuant to Government Code #30..
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Section 66020(a) can be filed, begins on April 7, 2026, and that if a protest is not filed within this ninety (90)-day period complying with all of the requirements of Section 66020, the applicant will be legally barred from later challenging such exactions.
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The foregoing resolution was introduced at the regular meeting of the City Council of the City of Modesto held on the 7th day of April, 2026, by , who moved its adoption, which motion being duly seconded by , was upon roll call carried and the resolution carried by the following vote:

Ayes:

Noes:

Absent:

Recused:

ATTEST:

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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APN: 083-004-062 APN: 083-004-040 APN: 083-004-039 APN: 083-004-066 APN: 083-004-089 APN: 083-004-055 APN: 083-004-057 APN: 083-004-058 APN: 083-004-063 APN: 083-004-023 APN: 083-001-001 APN: 083-001-002 BRIDGEWOOD WAY BRIDGEWOOD WAY

STREET A COURT B

STREET C

COURT D

COURT E
STREET E STREET B 49 4344 42 45 46 47 48 53 51 52 50 55 54 56 57 58 59 6364657172 73 77 79 76 75 74 80 81 82 83 84 86 8788 78 66 70696867 COURT G 62 60 61 STREET D APN: 083-004-090 LOT A PARK/BASIN FUTURE SCHOOL ARIA WAY 1 22 14 6 21 13 5 28 20 12 4 27 19 11 26 18 10 25 17 9 24 8 16 30 23 15 7 29 EXISTING RESIDENTIAL

EXISTING AGRICULTURE

EXISTING RESIDENTIAL

EXISTING MABLE AVENUE
TO BE EXTENDED & WIDENED) 4131 32 39 34 38 35 37 36 LOT C 85 40 33 LOTB 90 92 91 89 3 2 VICINITY MAPSITE MABLE AVE

OAKDALE RD

ARIA WAY

ROSELLE AVE SYLVAN AVE SUBDIVIDER'S STATEMENT CONTACT INFORMATION VESTING TENTATIVE SUBDIVISION MAP 0 40 80 160 SCALE: 1" = 80' Drawing: N:\_ODE\Modesto\43380 Tivoli-Mable Parcel\Planning\Exhibits\EXH-Tivoli Mable VTM Parcels-43380.dwg Plot Date/Time: 9/26/2025 1:35 PM Last Saved by: EAHamed TIVOLI MABLE PARCEL 0056704.00

MODESTO, CALIFORNIA
PLN 2025-00031, OCC. NO. 04816 41 LOT C

PROPOSED RESIDENTIAL

UNDER CONSTRUCTION
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108.00 APN: 083-004-062 APN: 083-004-040 APN: 083-004-039 APN: 083-004-066 APN: 083-004-089 APN: 083-004-055 APN: 083-004-057 APN: 083-004-058 APN: 083-004-063 APN: 083-004-023 APN: 083-001-001 APN: 083-001-002 BRIDGEWOOD WAY BRIDGEWOOD WAY

STREET A COURT B

STREET C

COURT D
COURT E 30 34 4 1 2 12 11 6 10 9 8 75 13 17 27 18 14 2615 2516 28 22 29 39 38 37 24 23 2021 19 31 32 33 35 36 3 45 49 46 4344 42 47 48 50 51 57 53 54 52 60 58 56 55 62 61 59 STREET E 70 73 72 76 75 74 929190898887 86 85 78 77 79 63 64 65716869 84 6667 STREET B COURT G STREET D APN: 083-004-090 LOT A PARK/BASIN FUTURE SCHOOL ARIA WAY EXISTING RESIDENTIAL

EXISTING AGRICULTURE

EXISTING RESIDENTIAL

EXISTING MABLE AVENUE
TO BE EXTENDED & WIDENED) LOT C LOTB 41 40 80 81 82 83 0 40 80 160 SCALE: 1" = 80' PRELIMINARY GRADING PLAN LEGEND BRIDGEWOOD WAY/STREET A N.T.S. TYPICAL INTERIOR STREET SECTION N.T.S. A ROUNDABOUT DETAIL B ROUNDABOUT DETAIL MABLE AVENUE N.T.S.

Drawing: N:\_ODE\Modesto\43380 Tivoli-Mable Parcel\Planning\Exhibits\EXH-Tivoli Mable VTM Parcels-43380.dwg Plot Date/Time: 9/26/2025 1:35 PM Last Saved by: EAHamed TIVOLI MABLE PARCEL 0056704.00

MODESTO, CALIFORNIA
PLN 2025-00031, OCC. NO. 04816 42

PROPOSED RESIDENTIAL

UNDER CONSTRUCTION
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APN: 083-004-062 APN: 083-004-040 APN: 083-004-039 APN: 083-004-066 APN: 083-004-089 APN: 083-004-055 APN: 083-004-057 APN: 083-004-058 APN: 083-004-063 APN: 083-004-023 APN: 083-001-001 APN: 083-001-002 BRIDGEWOOD WAY BRIDGEWOOD WAY

STREET A COURT B

STREET C

COURT D
COURT E 30 34 4 1 2 12 11 6 10 9 8 75 13 17 27 18 14 2615 2516 28 22 29 39 38 37 24 23 2021 19 31 32 33 35 36 3 45 49 46 4344 42 47 48 50 51 57 53 54 52 60 58 56 55 62 61 59 70 73 72 76 75 74 929190898887 86 85 78 77 79 63 64 65716869 84 6667 COURT GSTREET E STREET B STREET D APN: 083-004-090 LOT A PARK/BASIN FUTURE SCHOOL MABLE AVENUE ARIA WAY EXISTING RESIDENTIAL

EXISTING AGRICULTURE

EXISTING MABLE AVENUE
TO BE EXTENDED & WIDENED) LOT C LOTB 41 40 80 81 82 83
PRELIMINARY UTILITY PLAN LEGEND 0 40 80 160 SCALE: 1" = 80' Drawing: N:\_ODE\Modesto\43380 Tivoli-Mable Parcel\Planning\Exhibits\EXH-Tivoli Mable VTM Parcels-43380.dwg Plot Date/Time: 9/26/2025 1:35 PM Last Saved by: EAHamed TIVOLI MABLE PARCEL 0056704.00

MODESTO, CALIFORNIA
PLN 2025-00031, OCC. NO. 04816 43 C CORNER DETAIL WITH FIRE TRUCK AUTO-TURN TRACKS

PROPOSED RESIDENTIAL

UNDER CONSTRUCTION
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75 150 300 SCALE: 1" = 150' 0

OVERALL UTILITY PLAN FUTURE CLARATINA AVENUE

EXISTING OAKDALE ROAD EXISTING MABLE AVENUE (TO BE EXTENDED & WIDENED)

BRIDGEWOOD WAY

ARIA WAY
ARIA WAY PARK/BASIN SCHOOL COMMERCIAL NOTE: 4
Drawing: N:\_ODE\Modesto\43380 Tivoli-Mable Parcel\Planning\Exhibits\EXH-Tivoli Mable VTM Overall Utilities-43380.dwg Plot Date/Time: 9/26/2025 1:35 PM Last Saved by: EAHamed TIVOLI MABLE PARCEL 0056704.00

MODESTO, CALIFORNIA
PLN 2025-00031, OCC. NO. 04816 4 LEGEND PROPOSED RESIDENTIAL UNDER CONSTRUCTION PROPOSED RESIDENTIAL EXISTING RESIDENTIAL EXISTING RESIDENTIAL FUTURE RESIDENTIAL CITY WATER TANK SITE #30.. - 1777 -
04/07/2026/CED/Jhill/Item x 2026-xx

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX

RESOLUTION APPROVING THE FINAL DEVELOPMENT PLAN OF TIVOLI

MABLE PARCEL
WHEREAS, the City Council adopted the Tivoli Specific Plan, a 454-acre area of land adjoining the northeast portion of the City of Modesto, by Ordinance No. 3479-C.S. on February 26, 2008; and
WHEREAS, the Tivoli Specific Plan is comprised of nine Area Plans subject to review and approval by the Planning Commission, each Area Plan being denoted to ensure that the circulation, infrastructure, land use, density, project design and other specific plan provisions are provided for each Area Plan as required by Section 9.4.1 of the Tivoli Specific Plan; and WHEREAS, Section 9.4.1.2 of the Specific Plan requires the Commission’s review and approval of a Final Development Plan for new residential development within the Specific Plan involving small-lot single-family residential uses with a tentative map, which may be approved by the Commission after or concurrently with the approval of an Area Plan; and WHEREAS, an application for the Mable Parcel (Tivoli) Final Development Plan for 22.8 acres within Area Plan No. 4, property located between Aria Way and Oakdale Road, south of Mable Avenue, was filed by Mable Ave Properties LP on August 8, 2025 in accordance with Section 9.4.1.2 of the Tivoli Specific Plan; and
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WHEREAS, the applicant has also submitted an application to amend the Tivoli Specific Plan to change the Land Use Diagram of the Specific Plan by amending two acres designated as Very Low Density Residential (VLDR) uses to Low Density Residential (LDR) uses (Project ID: SPA-25-003), together with a proposed new Area Plan No. 4 document for the Tivoli Specific Plan, filed in accordance with Section 9.4.1 of the Specific Plan (File ID: AREA-25-002), and a Vesting Tentative Subdivision Map, “Tivoli Mable Parcel” to divide 22.7 acres within Area Plan No. 4 into 92 single-family residential lots (Project ID: TSM-25- 002); and
WHEREAS, an Addendum to the Tivoli Final Environmental Impact Report (Tivoli FEIR), EA/C&ED 2026-03, was prepared pursuant to Section 15164 of the CEQA Guidelines, which concluded that the project is within the scope of the Tivoli Specific Plan Final EIR (SCH No. 2005072125) and that pursuant to Sections 15162 and 15164 of the CEQA Guidelines, no new environmental review is required; and
WHEREAS, a public hearing was held by the Planning Commission on February 23, 2026, 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 Planning Commission by Resolution No. 2026-15 recommended to the City Council approval of the Final #30..
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04/07/2026/CED/Jhill/Item x 2026-xx
Development Plan of Tivoli Mable, subject to the Conditions of Approval in said Resolution; and
WHEREAS, said matter was set for a public hearing of the City Council to be held on April 7, 2026 in Chambers of City Hall, located at 1010 Tenth Street, Modesto, California, at which date and time of said duly noticed public hearing was held.

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

1. There are no substantial changes proposed in the project that will require major revisions of the Tivoli Specific Plan Final EIR (SCH No. 2005072125).

3. No new information, which was not known and could not have been known at the time the Tivoli Specific Plan Final EIR was certified as complete, has become available.

4. The Initial Study, EA/C&ED 2026-03, and all other evidence in the record, provides the substantial evidence to support findings 1-3, noted above.

5. The City Council has considered the Addendum to the Tivoli Final EIR EA/C&ED 2026-03 in making this approval and finds that the Addendum reflects the City Council’s independent judgment.

BE IT FURTHER RESOLVED by the City Council of the City of Modesto that:

6. The Final Development Plan is consistent with the General Plan and the Tivoli Specific Plan, because the Final Development Plan #30..
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would provide setback and development standards to facilitate new residential development within Area Plan No. 1 in accordance to Section 9.4.2.1 of the Specific Plan.

BE IT FURTHER RESOLVED by the City Council of the City of Modesto that the Final Development Plan for the proposed Mable Parcel (Tivoli) project, described in “Exhibit A,” attached hereto and incorporated herein by reference, be approved subject to the following conditions:

1. The Mable Parcel (Tivoli) Final Development Plan shall not be in full effect unless and until the City Council approves the proposed amendment to the Tivoli Specific Plan land use diagram (Project ID SPA-25-003), Area Plan No. 4 (Project ID AREA-25-002) and the Vesting Tentative Subdivision Map for Tivoli Mable (Project ID TSM-25-002) as required by Section 9.4.1 of the Specific Plan.

2. All development shall be consistent with the approved Final Development Plan titled “Development Plan, Mable Parcel (Tivoli),” submitted on August 8, 2025, as described in Exhibit “A,” attached hereto and incorporated herein by reference, and approved by the City Council by Resolution No. 2026-xx on April 7, 2026.

3. Except as amended herein, or by reference, all development including street and infrastructure improvements, and mitigation measures from the Tivoli Final EIR, shall be in accordance with the Tivoli Specific Plan and Area Plan No. 4 (AREA-25-002), and the Vesting Tentative Subdivision Map of Tivoli Mable (TSM-25-002), as set forth in City Council Resolutions No. 2026-xx and 2026-xx, adopted on April 7, 2026.

4. Siting of residences shall be in accordance to the Development Standards for Low Density Residential uses as specified in Chapter 4 of the Specific Plan.

5. Upon development of the residential lots, developer shall provide specific site plans and elevations consistent with the Design Guidelines and Standards of the Tivoli Specific Plan, to the satisfaction of the Director of Community and Economic
Development or designee, prior to the issuance of a building permit.

6. Prior to Certificate of Occupancy of any structure, fences and walls shall be installed in accordance to the design standards of the Tivoli Specific Plan, Section 5.7, Community Wide Walls and Fencing Guidelines and Standards.
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04/07/2026/CED/Jhill/Item x 2026-xx

7. Improvement plans for required improvements shall be prepared by a Registered Civil Engineer and submitted for approval by the Public Works Director or designee. All improvements shall be constructed in accordance with the approved plans.

8. The project shall be subject to all conditions, requirements and recommendations from all other affected departments/agencies, provided on the attached reports/memorandums.

9. All existing underground and aboveground utilities, irrigation, and electrical lines shall be protected, relocated, or removed as required by the utility companies and the City Engineer or designee. Easements for utilities, irrigation and electrical lines to remain shall be reserved as required.

10. All landscaping, fences and walls shall be maintained and the premises shall be kept free of weeds, trash and other debris.

11. At the time of issuance of a building permit, the developer shall pay development impact fees at the established rate. Such fees may include but are not limited to, sewer and water connection fees, community facility fees, building permit and plan check fees.

12. Prior to start of vertical building construction, all-weather, hardsurfaced roadways shall be constructed and maintained free of obstructions at all times during construction as required by Director of Community and Economic Development.

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

BE IT FURTHER RESOLVED that the conditions of project approval set forth herein include certain fees, dedication requirements, reservations requirements, and other exactions, and that pursuant to Government Code Section 66020(d)(1), these conditions constitute written notice of a statement of #30..
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04/07/2026/CED/Jhill/Item x 2026-xx
the amount of such fees, and a description of the dedications, reservations, and other exactions.

BE IT FURTHER RESOLVED that the applicant is hereby further notified that the ninety (90) days approval period in which a protest of these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a) can be filed, begins on April 7, 2026, and that if a protest is not filed within this ninety (90)-day period complying with all of the requirements of Section 66020, the applicant will be legally barred from later challenging such exactions.
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04/07/2026/CED/Jhill/Item x 2026-xx
The foregoing resolution was introduced at the regular meeting of the City Council of the City of Modesto held on the 7th day of April, 2026, by , who moved its adoption, which motion being duly seconded by , was upon roll call carried and the resolution carried by the following vote:

Ayes:

Noes:

Absent:

Recused:

ATTEST:

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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Westwood Professional Services Mable Parcel (Tivoli)

DEVELOPMENT PLAN
AREA 4

MABLE PARCEL (TIVOLI)
SUBMITTAL DATE: SEPTEMBER 25, 2025
Prepared by:

Westwood Professional Services
1165 Scenic Drive, Suite A
Modesto, CA 95350
209.571.1765
Applicant:

Mable Avenue Properties
1120 Scenic Drive
Modesto, CA 95350
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APN: 083-004-062
APN:
083-004-040
APN:
083-004-039
APN:
083-004-066
APN: 083-004-089 APN: 083-004-055 APN: 083-004-057 APN: 083-004-058 APN: 083-004-063 APN: 083-004-023 APN:
083-001-001 APN: 083-001-002

BRIDGEWOOD WAY

BRIDGEWOOD WAY STREET A

COURT B STREET C COURT D COURT E
49 43
44 42
45 46 47
48 53
51 52
50 55
54 56
57 58
59 63
64 65
71 72
73 77
79 76 75 74 80
81 82
83 84
86 87
88 78
66 70
69 68
67 COURT G
62 60
61 STREET D APN: 083-004-090
LOT A

PARK/BASIN

FUTURE SCHOOL
ARIA WAY 1
22 14 6
21 13 5
28 20
12 4
27 19
11 26
18 10
25 17 9
24 8 16
30 23
15 7
29 EXISTING RESIDENTIAL EXISTING AGRICULTURE

EXISTING RESIDENTIAL

EXISTING MABLE AVENUE

TO BE EXTENDED & WIDENED)
41 31 32
39 34
38 35
37 36
85 40
33 LOTB
90 92
91 89 3 2 0 40 80 160
SCALE: 1" = 80'

VICINITY MAP
SITE

SYLVAN AVE

OAKDALE RD

ROSELLE AVE

CLARIBEL RD

FLOYD AVE

CLARATINA AVENUE DEVELOPEMENT PLAN
MABLE AVE 1
LEGEND
Drawing: N:\_ODE\Modesto\43380 Tivoli-Mable Parcel\Planning\Exhibits\EXH-Tivoli Mable DP Parcel Dimensions-43380.dwg Plot Date/Time: 9/26/2025 1:04 PM Last Saved by: EAHamed TIVOLI - MABLE 43380

MODESTO, CALIFORNIA

SUBDIVIDER'S STATEMENT

STREET B
FUTURE

RESIDENTIAL FUTURE

PARK/BASIN FUTURE RESIDENTIAL

EXISTING
RESIDENTIAL 1

LOT CSTREET E
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APN: 083-004-062
APN:
083-004-040
APN:
083-004-039
APN:
083-004-066
APN: 083-004-089 APN: 083-004-055 APN: 083-004-057 APN: 083-004-058 APN: 083-004-063 APN: 083-004-023 APN:
083-001-001 APN: 083-001-002

BRIDGEWOOD WAY

BRIDGEWOOD WAY STREET A

COURT B STREET C COURT D COURT E

COURT G
STREET D APN: 083-004-090
LOT A

PARK/BASIN

FUTURE SCHOOL

MABLE AVENUE

ARIA WAY

STREET E
STREET B 30
34 4 1 2
12 11 6
10 9 8 75
13 17
27 18
14 26
15 25
16 28
22 29
39 38 37
24 23
20 21
19 31 32 33 35 36 3
45 49
46 43
44 42
47 48
50 51
57 53
54 52
60 58
56 55
62 61
59 70
73 72
76 75 74
92 91
90 89
88 87
86 85
78 77 79
63 64
65 71
68 69
84 66
67 41 40
80 81
82 83 0 40 80 160
SCALE: 1" = 80' DEVELOPEMENT PLAN
LEGEND 2 Drawing: N:\_ODE\Modesto\43380 Tivoli-Mable Parcel\Planning\Exhibits\EXH-Tivoli Mable DP Setbacks & Driveways-43380.dwg Plot Date/Time: 9/26/2025 1:04 PM Last Saved by: EAHamed TIVOLI - MABLE 43380

MODESTO, CALIFORNIA
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LOT 88 LOT 87 STREET E 45'X90' MIN. LOTS 0 10 20 SCALE: 1" = 20'

COURT G
F: 888.937.5150
Westwood Professional Services, Inc.
westwoodSs.coP
1165 SCENIC DRIVE, SUITE A
MODESTO, CA 95350
T: 209.571.1765
Plot Date:9.26.2025 Drawing: N:\_ODE\Modesto\43380 Tivoli-Mable Parcel\Planning\Exhibits\EXH-Tivoli Mable DP Lot Dimensions-43380 43380

MABLE PARCELS TIVOLI

DEVELOPMENT PLAN
MODESTO, CA 3 #30..
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NOTE: THIS DOCUMENT IS FOR CONCEPTUAL PLANNING PURPOSES ONLY. THIS DOCUMENT IS MARKED PRELIMINARY AND NOT TO BE USED FOR CONSTRUCTION PURPOSES. ANY IMAGES SHOWN ARE TO CONVEY CONCEPT ONLY. CONSTRUCTIONPLANS WILL VARY DEPENDING ON BUDGET, CLIENT DIRECTION, COMMUNITY INPUT AND FINAL MATERIALS SELECTION.

MABLE PARCEL
TIVOLI

09.26.2025
123456

NEIGHBORHOOD LANDSCAPE CONCEPT
N
S
W E W

E S T W O O D
Westwood Professional Services, Inc. westwoodps.com

STREET TREE LEGEND

SYMBOL BOTANICAL NAME COMMON NAME SIZE WATER USE

ACCENT TREES

PARKWAY STRIP TREES

STREET TREES

STREETSCAPE PLANTS
6' CMU WALL

PILASTER

STREET TREE

PARKWAY STRIP TREE

ACCENT TREE

STREETSCAPE PLANTING AREA
LEGEND
123456

MABLE AVENUE

FUTURE RESIDENTIAL

SCHOOL BY OTHERS

STREET A

PARK BY OTHERS

BRIDGEWOOD WAY

FUTURE RESIDENTIAL

WOOD SORREL DRIVE

ARIA WAY

BRIDGEWOOD WAY

ARIA WAY
NOTELANDSCAPING OF LOCAL STREETS TO BE PROVIDED BY FUTURE BUILDER. #30..
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NOTE: THIS DOCUMENT IS FOR CONCEPTUAL PLANNING PURPOSES ONLY. THIS DOCUMENT IS MARKED PRELIMINARY AND NOT TO BE USED FOR CONSTRUCTION PURPOSES. ANY IMAGES SHOWN ARE TO CONVEY CONCEPT ONLY. CONSTRUCTIONPLANS WILL VARY DEPENDING ON BUDGET, CLIENT DIRECTION, COMMUNITY INPUT AND FINAL MATERIALS SELECTION.

09.26.2025

STREET SECTIONS
Westwood Professional Services, Inc. westwoodps.com
B STREET A/BRIDGEWOOD WAY STREET SECTION A MABLE AVE. STREET SECTION

C A STREET & BRIDGEWOOD WAY ROUNDABOUT SECTION
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NOTE: THIS DOCUMENT IS FOR CONCEPTUAL PLANNING PURPOSES ONLY. THIS DOCUMENT IS MARKED PRELIMINARY AND NOT TO BE USED FOR CONSTRUCTION PURPOSES. ANY IMAGES SHOWN ARE TO CONVEY CONCEPT ONLY. CONSTRUCTIONPLANS WILL VARY DEPENDING ON BUDGET, CLIENT DIRECTION, COMMUNITY INPUT AND FINAL MATERIALS SELECTION.

MABLE PARCEL
TIVOLI

09.26.2025

OWNERSHIP & FEATURE CONCEPT
N
S
W E W

E S T W O O D
Westwood Professional Services, Inc. westwoodps.com

MABLE AVENUE

STREET A

FUTURE RESIDENTIAL

WOOD SORREL DRIVE

BRIDGEWOOD WAY
LEGEND

DECORATIVE CMU WALL - CITY MAINTAINEDLOT LINE WOOD FENCE - PRIVATELY MAINTAINED

CITY SIDEWALK - CITY MAINTAINED

LANDSCAPE - CITY MAINTAINEDLANDSCAPE & HOMES - PRIVATELY MAINTAINED

SCHOOL BY OTHERS

PARK BY OTHERS

ARIA WAY

BRIDGEWOOD WAY

ARIA WAY
NOTELANDSCAPING OF PARKWAYS TO BE PROVIDED IN FUTURE PHASE. #30..
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NOTE: THIS DOCUMENT IS FOR CONCEPTUAL PLANNING PURPOSES ONLY. THIS DOCUMENT IS MARKED PRELIMINARY AND NOT TO BE USED FOR CONSTRUCTION PURPOSES. ANY IMAGES SHOWN ARE TO CONVEY CONCEPT ONLY. CONSTRUCTIONPLANS WILL VARY DEPENDING ON BUDGET, CLIENT DIRECTION, COMMUNITY INPUT AND FINAL MATERIALS SELECTION.

MABLE PARCEL
TIVOLI

09.26.2025

WALL & FENCE CONCEPTS
Westwood Professional Services, Inc. westwoodps.com

SPLITFACE CMU WALL WITH BASILITE CMU PILASTERS

LOT LINE WOOD FENCE
WALL
FENCE

PRECAST PYRAMID CONCRETE PILASTER CAPPRECAST CONCRETE WALL CAPPILASTER - BASILITE SPLITFACE CMU WITH VARIED SIZES & COLORS (NO VENEER)MIDWALL BULBOUT HALF PILASTER 6' DECORATIVE CMU WALL WITH VINES - BASILTE SPLIT FACE WITH VARIED COLORS6' LOT LINE WOOD FENCE - NO GAP LEGEND
123456
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T T
NOTE: THIS DOCUMENT IS FOR CONCEPTUAL PLANNING PURPOSES ONLY. THIS DOCUMENT IS MARKED PRELIMINARY ANDNOT TO BE USED FOR CONSTRUCTION PURPOSES. ANY IMAGES SHOWN ARE TO CONVEY CONCEPT ONLY. CONSTRUCTIONPLANS WILL VARY DEPENDING ON BUDGET, CLIENT DIRECTION, COMMUNITY INPUT AND FINAL MATERIALS SELECTION.

MABLE PARCEL
TIVOLI

09.26.2025

NEIGHBORHOOD ENTRANCES
Westwood Professional Services, Inc. westwoodps.com

NEIGHBORHOOD ENTRANCE - ELEVATION

NEIGHBORHOOD ENTRANCE - PLAN VIEW
6' DECORATIVE CMU WALL WITH VINE

DECORATIVE CMU PILASTER
6' WOOD FENCE

DECORATIVE PILASTER WITH LOGO
LEGEND
1234
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EIR ADDENDUM

FOR THE

TIVOLI SPECIFIC PLAN AMENDMENT
(ALVES, MABLE, PAREGIAN)
EA No. C&ED 2026-03
DECEMBER 19, 2025
Prepared for:

City of Modesto
1010 10th Street
Modesto, CA 95354
(209) 577-5200
Prepared by:

De Novo Planning Group
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
(916) 580-9818
D e N o v o P l a n n i n g G r o u p
A L a n d U s e P l a n n i n g , D e s i g n , a n d E n v i r o n m e n t a l F i r m #30..
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EIR ADDENDUM
EIR Addendum – Modesto GPA/Tivoli Specific Plan Project 1 1 INTRODUCTION
This Addendum was prepared in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines. This document has been prepared to serve as an Addendum to the previously certified Environmental Impact Report (EIR) (State Clearinghouse [SCH] # 2005072125) for the Tivoli Specific Plan (TSP) Project (Original Project), certified on February 26, 2008. The City of Modesto is the lead agency for the proposed amendments/modifications to the Original Project.

The proposed Project includes modifications to the Original Project within six “Development SubAreas” of the TSP Area, with each being owned/controlled by three different Project Applicants (Alves, Mable, and Paregian). The six Development Sub-Areas are adjacent to one another and closely intertwined with circulation and utility plans for the TSP. As such, the three applications are being reviewed collectively as one proposed Project under this EIR Addendum. The six Development Sub-Areas include: VLDR-1, VLDR 3, LDR-9, LDR-12, LDR-13, and MHDR-5. In addition, the City is processing a General Plan Amendment to reconcile an inconsistency between the General Plan and the TSP. The proposed modifications are described in more detail below.

For the City to consider an amendment to the Original Project, the City must ensure that, if needed, environmental review consistent with the requirements of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines has been completed. Because the City has previously complied with CEQA for the Original Project and the new discretionary action before the City would be a change in an already-approved project, the City can rely on information in the certified EIR previously prepared for the Original Project, to the extent they remain adequate. Consistent with the requirements of CEQA Guidelines Section 15162, the City must, therefore, determine whether any changed circumstances or “new information of substantial importance” will trigger the need for a subsequent EIR.

As described in CEQA Guidelines Section 15164, a lead agency shall prepare an addendum to a previously adopted EIR if some changes or additions to an EIR certified for a project are necessary, but none of the conditions identified in CEQA Guidelines Section 15162 have occurred. No subsequent EIR shall be prepared for that project unless the lead agency determines, based on substantial evidence in the light of the whole record, one or more of the following conditions to be applicable:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or #30..
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EIR ADDENDUM
2 EIR Addendum – Modesto GPA/Tivoli Specific Plan Project (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

If any of the triggers set forth above occurs, the City would be required to prepare a subsequent EIR, unless “only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation,” in which case a “supplement to an EIR” would suffice (see CEQA Guidelines, Section 15163). If there are no grounds for either a subsequent EIR or a supplement to an EIR, then the City must prepare an addendum pursuant to CEQA Guidelines Section 15164, explaining why “some changes or additions” to the EIR “are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.”
As demonstrated in the environmental analysis provided in Section 4 (Environmental Analysis), the proposed changes do not meet the criteria for preparing a subsequent EIR or negative declaration.

An addendum is appropriate here because, as explained in Section 4, none of the conditions calling for preparation of a subsequent EIR or negative declaration have occurred.

Information and technical analyses from the EIR are utilized throughout this Addendum. Relevant passages from this document (consisting of the EIR) are cited and available for review at:

City of Modesto
1010 10th Street
Modesto, CA 95354
Phone: (209) 577-5200
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EIR ADDENDUM
EIR Addendum – Modesto GPA/Tivoli Specific Plan Project EA C&ED No. 2026-03 3
2 PROJECT BACKGROUND/PURPOSE OF THE EIR ADDENDUM
The TSP was approved by the City Council in 2008. Since certification of the EIR, much of the 454- acre area has developed with a mix of uses. The following describes the original project.

ORIGINAL PROJECT
The Original Project consisted of adoption and implementation of the TSP which included the development of 454 acres. The Original Project consists of approximately 286 acres of residential land use, totaling 3,241 residential dwelling units, 14 acres of neighborhood-serving commercial, 6 acres of general commercial, 67 acres of regional-serving commercial, 2 acres of professional office space, a 14-acre elementary school site, about 30 acres of parks and open space, 4 acres of public infrastructure, and about 31 acres of interior collector roadways within the Specific Plan area. The Original Project also includes provisions to improve existing traffic and circulation conditions, with construction of new arterial and collector streets for vehicular circulation and linkages to the existing circulation system and transit services.

LOCATION AND BOUNDARIES
The TSP area is located on the northeastern edge of the City of Modesto. Modesto is located approximately 30 miles southeast of Stockton, 70 miles south of Sacramento, and 80 miles east of Oakland. Nearby Central Valley communities include Salida, Ripon, and Manteca to the northwest, Riverbank to the north, and Ceres, Turlock, and Merced to the south.

The TSP is located about four miles northeast of Modesto’s downtown core. State Route 99 is located six miles to the west. Kiernan Avenue (State Route 219) is one mile to the north. The site is bounded by the planned Claratina Avenue extension on the north, Oakdale Road on the west, Sylvan Avenue on the south, and Roselle Avenue on the east.

STATEMENT OF OBJECTIVES
The TSP was intended to achieve comprehensive master planning and orderly development of the TSP project site, consistent with the policies of the City of Modesto. The following specific objectives have been identified for the TSP:

1. To foster distinctive, attractive developments with a strong sense of place.

2. To provide development consistent with the Neotraditional Planning Principles provided in Section III-C (3) of the Modesto Urban Area General Plan. The primary concept is to provide a complete and integrated community with housing, work places, commercial and retail services, schools, parks, and civic facilities essential to the daily life of the residents.

3. To create a range of housing opportunities and choices with multi-family and/or affordable housing in compliance with the regional housing needs consistent with the Housing Element.
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4 EIR Addendum – Modesto GPA/Tivoli Specific Plan Project

4. To enhance the City’s economic base through increased sales tax revenue.

5. To provide a regional commercial development to serve the east side of the City in a timely manner. To locate regional commercial development along or near regional transportation corridors.

6. To provide commercial and institutional services and employment on the east side of the City to reduce travel time

7. To provide acceptable levels of traffic service on roadways consistent with the General Plan policies and Level of Service standards.

8. To create neighborhoods that encourage pedestrian and bicycle use and link to the commercial, school, and park sites.

9. To ensure public facilities and services are adequately planned and provided with development.

10. To ensure that a financing plan is provided with funding mechanisms for the provision of adequate public facilities and services.

TSP CHARACTERISTICS
Consideration and adoption of the TSP also included consideration of the following actions:

1. Adoption of a General Plan Amendment that includes the following:
o To reclassify a portion of the project site from Village Residential (VR) to Regional Commercial (RC).
o To allow commercial development for the Village Residential designation in the TSP to exceed the recommended 4 percent.
o To allow for the TSP neighborhood center focus that combines a neighborhood park and elementary school.
o To reclassify Claratina Avenue from a four-lane Class B Expressway to a six-lane Principal Arterial with a Class I bike path from Oakdale Road to Roselle Avenue. o To change Sylvan Avenue from a six-lane Principal Arterial to a four-lane Minor Arterial with bike lanes from Oakdale Road to Roselle Avenue. o To include Class II bike lanes along Oakdale Road from Sylvan Avenue to Claribel Avenue.
o To amend the Roselle/Claribel Comprehensive Planning District to allow the TSP to exceed the minimum recommended density of 5.1 units per gross acre.

2. Prezoning of the project site to a Specific Plan Overlay. #30..
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EIR Addendum – Modesto GPA/Tivoli Specific Plan Project EA C&ED No. 2026-03 5

3. Annexation of the project site into the City of Modesto including approval by the Local Agency Formation Commission.

4. Adoption of a Facilities Master Plan and an Infrastructure Finance Plan for the TSP area.

5. Formation of a Community Facilities District to fund the construction of “backbone” public infrastructure, maintenance of applicable public facilities, and applicable public services.

6. Approval of a Development Agreement to guide development within the TSP area.

7. Subsequent entitlements, including abandonment of a portion of Mable Avenue, approval of Area Plans, Final Development Plans, tentative maps, Conditional Use Permits, and other City entitlement approvals.

PREVIOUS TSP APPROVALS
As part of the Original Project, the City undertook the following actions:
• Certified the TSP EIR;
• Adopted the Mitigation Monitoring and Reporting Program for the project; and • Approved the TSP.

It is noted that since the TSP was approved, the City has approved several modifications. This includes modifications to Oakdale Road and Claratina Avenue design, which has modifications to the intersections (i.e. roundabouts in lieu of signals), as well as the road section changes that better accommodate the roundabouts and traffic volumes. Additionally, the City has approved various modifications to land uses in several “Development Sub-Areas” within the TSP area. One such modification occurred in 2022 associated with a portion of the Project site as described below:
2022 TSP Arcadia Project (Downzone of MDR-2 and MDR-3)
On April 5, 2022, the Arcadia Development Company submitted a multi-part application to implement the development of Tivoli Area Plan No. 7, generally located north of the existing City of Modesto water well and storage site and southeast of the future Aria Way. The application included a Vesting Tentative Subdivision Map and Final Development Plan to develop the northerly 29.3 gross acres of the Area Plan into 141 single-family residential lots, of which 68 lots are small-lot residential lots. The overall density of the tentative subdivision map was 5.85 units per acre. The area was defined as MDR-2 and MDR-3 in the TSP, but the proposed density of the Arcadia project warranted a downzoning from MDR to LDR.

Pursuant to SB 330, the proposal required the City to provide a concurrent replacement of housing capacity elsewhere in the jurisdiction to make up for the change in capacity associated with the downzoning. The City replaced the MDR use by amending the 29-acre site to LDR, and amending a 25-acre site located in the northwestern part of the TSP from Regional Commercial (RC) to Residential (R) under a GPA. These 25 acres were also designated as Regional Serving Commercial (RSC-1) in the TSP, however, the TSP amendment only changed 17 acres to Low Density Residential #30..
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6 EIR Addendum – Modesto GPA/Tivoli Specific Plan Project (LDR-13), and the balance (8 acres) remained RSC-1. The GPA and TSP amendment resulted in an inconsistency between the General Plan and Tivoli Specific Plan and the City intends to reconcile the inconsistency in this EIR Addendum.

To reconcile the 8-acre mapping inconsistency between the GP and TSP, the City has performed an analysis of the capacity needed from the original Arcadia downzoning relative to the actual capacity provided in the two areas that replaced the original MDR from the Arcadia site. The following Table shows three scenarios analyzed: 1) Original Arcadia Site; 2) Original Arcadia Replacement Capacity; and 3) Combined Actual Built/Proposed Capacity.

SB 330 Capacity Analysis
1) Original Arcadia Site Capacity Proposed
Applicant Sub-Areas
acre
(gross)
Density
(low)
Density
(high)
Min
DU
Max
DU
Ave
DU DU
Acre
s
(net)
Density
(net)
Arcadia MDR-2, -3 29.3 8 18 234 527 381 0 0 0.0
2) Original Arcadia Replacement Capacity Capacity Proposed Applicant Sub-Areas
acre
(gross)
Density
(low)
Density
(high)
Min
DU
Max
DU
Ave
DU DU
Acre
s
(net)
Density
(net)
Arcadia LDR-15 29.3 4.00 8.00 117 234 176 141 21.1 6.7
Paregian
LDR-13
(Paregian) 25 4.00 8.00 100 200 150 0 0 0.0
217 434 326
3) Combined Actual
Built/Proposed Capacity
(Arcadia/Paregian) Capacity Actual
Applicant Sub-Areas
acre
(gross)
Density
(low)
Density
(high)
Min
DU
Max
DU
Ave
DU DU
Acre
s
(net)
Density
(net)
Arcadia LDR-15 29.3 4.00 8.00 117 234 176 141 21.1 6.7
Paregian
LDR-13
(Paregian) 17.4 4.00 8.00 70 139 104 99 16.4 6.0
Parigian
LDR-13
(change to
RSC-1) 8 4.00 8.00 32 64 48 0 0 0.0
219 438 328 240 37.5 6.4
Replacement Capacity Discussion:

Original Arcadia Site: The original Arcadia site had a density range of 8-18 for the original MDR-2 and -3 sites. This allowed for a housing capacity of between 234-527 dwelling units as defined by the TSP.

Original Arcadia Replacement Capacity: The replacement of MDR-2, and -3 resulted in the creation of LDR-15 and -13 in the TSP. The Arcadia project constructed an "Actual" dwelling units count of #30..
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EIR Addendum – Modesto GPA/Tivoli Specific Plan Project EA C&ED No. 2026-03 7
141 units within LDR-15. This left a balance needed of between 93 and 386 dwelling units to maintain the original capacity of the Arcadia site. It is noted that the replacement created a mapping inconsistency between the General Plan and TSP, wherein 25 acres of RC was changed to R in the General Plan and only 17.4 acres of RSC-1 was changed to LDR. This left a discrepancy of approximately 8 acres that remained RSC-1 in the TSP but was changed to R in the GP.

Combined Actual Built/Proposed Capacity: The 17.4 acres redesignated as LDR-13 in the TSP is proposed to be subdivided in 99 units. Combing 141 units built in LDR-15 and the proposed 99 units in LDR-13, the combined "actual" units would be 240 units which is collectively intended to replace the capacity lost from the original Arcadia downzoning. Compared to the original capacity of MDR2 and -3 (234 to 527 units), and the combined capacity of LDR-13 and LDR-15 meet the replacement need within the 8-acre discrepancy that is in question.

Conclusion: The analysis of the three scenarios above (1) Original Arcadia Site; 2) Original Arcadia Replacement Capacity; and 3) Combined Actual Built/Proposed Capacity) shows that the original capacity of the Arcadia site has been met/replaced through the actual units constructed in LDR-15 (141 units), in addition to the proposed subdivision of 17.4 acres into 99 units in LDR-13. This resulted in 240 units, which is within the capacity originally anticipated for the MDR-2 and MDR-3 Arcadia site. The analysis shows that the 8-acre discrepancy that was GP designated as R, even though it remained designated as RSC-1 in the TSP, is not warranted to meet the original replacement capacity needs of the Arcadia project. Given that the residual 8 acres in question is not needed for replacement capacity, and the City intends to reconcile the GP/TSP inconsistency through a GPA that would change the GP land use back to RC. The TSP land use would remain RSC1.

3. PROPOSED PROJECT
Proposed Modifications
The proposed Project includes modifications to the Original Project within six “Development SubAreas” of the TSP Area, with each being owned/controlled by three different Project Applicants (Alves, Mable, and Paregian). The six Development Sub-Areas are adjacent to one another and closely intertwined with circulation and utility plans for the TSP. As such, the three applications are being reviewed collectively as one proposed Project under this EIR Addendum. The six Development Sub-Areas include: VLDR-1, VLDR 3, LDR-9, LDR-12, LDR-13, and MHDR-5. The gross acreage of these Sub-Areas is 65.4 acres, and the blended density ranges from 5 to 8.9 dwelling units per acre. The blended density would result in between 330 and 583 units within the six Sub-Areas.

In addition, the proposed Project includes a General Plan Amendment to reconcile an inconsistency between the General Plan and the TSP on eight acres immediately adjacent to the Paregian site. The GPA would change the land use from Residential (R) to Regional Commercial (RC), which was the original land use prior to 2022. The modification does not warrant a change to the TSP given that the current TSP land use is Regional Service Commercial (RSC-1). The GPA is intended to ensure that the GP and TSP are internally consistent. Any development of the 8 acres is subject to site plan review and individual environmental clearance/review. The land use change is a City administrative #30..
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8 EIR Addendum – Modesto GPA/Tivoli Specific Plan Project reconciliation action, and is not an entitlement action for construction brought by a developer/applicant.

The proposed Project has 55.5 net developable acres after accounting for ROW/land dedication for Clarantina Avenue, K Street, Mable Avenue, Bridgeway, and a Park/Basin. The proposed Project includes land use modifications to Development Sub-Areas VLDR-3 and MHDR-5. This includes changing the Very Low Density Residential (VLDR-3, 1–3 du/acre) to Low Density Residential (LDR12, 4–8 du/acre), and the Medium High Density Residential (MHDR-5, 18–24 du/acre) to Low Density Residential (LDR-13, 4–8 du/acre). The total units proposed to be developed over all Development Sub-Areas after the land use change is 343 residential units, consisting of low-density residential and very low-density residential units. The blended density of the combined proposed Project is 6.2 units per acre, which is within the blended density for the six Development Sub-Areas combined. The table below presents the existing development potential compared to the proposed development.

Existing Development Potential Proposed Development
SubAreas acre Density1 Min DU Max DU DU Acres
(net)
Density
(net)
Paregian
LDR-13 17.4 4-8 70 139 99 16.4 6.0
VLDR-1 4.8 2-3 8 12 11 4.07 2.7
Subtotal 22.2 3.5-6.8 78 151 110.0 20.5 5.4
Alves
LDR-13 23.6 4-8 94 189 101 15.4 6.6
MHDR-5 6 18-24 108 144 40 6 6.6
Subtotal 29.6 6.8-11.2 202 333 141.0 21.4 6.6
Mable
VLDR-3 2 2-3 4 6 11 2 5.5
LDR-9 4.5 4-8 18 36 30 4.5 6.7
LDR-12 7.1 4-8 28 57 51 7.1 7.2
Subtotal 13.6 3.7-7.3 50 99 92 13.6 6.8
Total 65.4 5-8.9 330 583 343 55.5 6.2
Notes: 1Subtotal Densities are weighted and blended between Sub-Areas by Applicant, and Total Densities are weighted and blended between all Sub-Areas.

Figures 2, 3, and 4 provide the proposed site plans for each of the three applications which are described below as follows:

Alves
The proposed Project includes a Specific Plan Amendment to the TSP land use diagram to redesignate approximately six acres within the Alves area from Medium High Density Residential (MHDR-5, 18–24 du/acre) to Low Density Residential (LDR-13, 4–8 du/acre). This amendment is intended to reflect the development pattern envisioned for the area and maintain consistency with surrounding low-density residential neighborhoods. In accordance with Section 9.4 of the Specific Plan, the Project includes preparation of Area Plan No. 1, establishing detailed development parameters, circulation layouts, block structure, and utility infrastructure requirements for the Alves planning area. The project proposes a Vesting Tentative Subdivision Map which would subdivide approximately 26.3 acres into 141 single-family residential lots, along with offsite improvements along Clarantina Avenue, Mable Avenue, K Street, and internal streets, and public utility easements as shown in the subdivision map. A Final Development Plan, prepared pursuant to Section 9.4.1.2 of #30..
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EIR Addendum – Modesto GPA/Tivoli Specific Plan Project EA C&ED No. 2026-03 9
the Specific Plan, is included to ensure that site design, access, lot configuration, pedestrian connectivity, and neighborhood circulation comply with applicable Specific Plan standards and City development regulations. The proposed subdivision configuration for the Alves project site is shown in Figure 2. The proposed amendment is shown in Figure 7.

Mable
The proposed Project includes a Specific Plan Amendment to modify the TSP land use diagram by redesignating approximately two acres within the Mable area from Very Low Density Residential (VLDR-3, 1–3 du/acre) to Low Density Residential (LDR-12, 4–8 du/acre) to better align with planned development patterns and facilitate an efficient subdivision layout. Consistent with Section 9.4 of the Specific Plan, the Project also includes preparation of the Area Plan No. 4 document to establish development standards, circulation, and infrastructure parameters for the Mable planning area. The project proposes a Vesting Tentative Subdivision Map which would subdivide approximately 22.8 acres into 92 single-family residential lots, along with offsite improvements along Bridgewood Way and Mable Avenue, and internal streets, and public utility easements as shown in the subdivision map. A Final Development Plan, prepared pursuant to Section 9.4.1.2 of the Specific Plan, is included as part of the Project to ensure site design, access, and improvements are consistent with Specific Plan requirements and City development standards. The proposed subdivision configuration for the Mable project site is shown in Figure 3. The proposed amendment is shown in Figure 7.

Paregian
The proposed Project includes a Vesting Tentative Subdivision Map which would subdivide approximately 17.4 acres designated for Low Density Residential (LDR) development into 99 singlefamily residential lots. In addition, the Project would subdivide approximately 5.4 acres designated for Very Low Density Residential (VLDR) development into 11 single-family residential lots, resulting in a total of 110 lots within the Peregian planning area. The subdivision design includes offsite improvements along Claratina Avenue and Mable Avenue, and internal streets, and utility and infrastructure improvements needed to support the proposed residential development. A Final Development Plan, prepared pursuant to Section 9.4.1.2 of the TSP, is included to ensure that neighborhood layout, circulation, and development standards are consistent with the Specific Plan and City of Modesto regulations. The proposed subdivision configuration for the Peregian project site is shown in Figure 4.

GP/TSP Reconciliation (8 acres)
The proposed Project includes a General Plan Amendment to reconcile an inconsistency between the General Plan and the TSP on eight acres immediately adjacent to the Paregian site. The area in question is illustrated on Figure 6. The GPA would change the land use from Residential (R) to Regional Commercial (RC). The modification does not warrant a change to the TSP given that the current TSP land use is Regional Service Commercial (RSC-1). The GPA is intended to ensure that the GP and TSP are internally consistent.

An evaluation of the 8-acre site shows that the discrepancy was created in 2022 in association with an SB 330 action to replace capacity lost from a downzoning action within the TSP (Arcadia project).

The action resulted in 17.4 acres in the TSP being changed from RSC-1 to LDR-13, in addition to the development site being changed from MDR-2, and -3 to LDR-15. However, an extra 8 acres #30..
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10 EIR Addendum – Modesto GPA/Tivoli Specific Plan Project immediately adjacent to the LDR-13 site was the subject of the GPA that changed the land use from RC to R. An evaluation of the actual capacity provided from development in the replacement areas (LDR-13, and -15) shows that adequate capacity was provided (240 units built) and that the 8 acres in question is not needed as replacement capacity for the original project. Given that the residual 8 acres in question is not needed for replacement capacity, the City intends to reconcile the GP/TSP inconsistency through a GPA that would change the GP land use back to the original designation of RC, which is consistent with the TSP land use would remain RSC-1.

Surrounding Uses
Urban development associated with the City of Modesto is located to the south and west of the project sites, including established residential neighborhoods, local roadways, and communityserving commercial uses. To the east, land uses consist of low-intensity rural residential parcels and small commercial operations, such as the U-Haul Neighborhood Dealer along Roselle Avenue. To the north and northwest, surrounding uses remain predominantly agricultural, including open fields, orchards, and limited rural service uses such as the Village Oak Veterinary Hospital. Overall, the project area is situated at the interface between Modesto’s urban edge and the surrounding agricultural lands, with land use intensity increasing toward Sylvan Avenue and the western boundary.

Existing Uses
The project area consists primarily of undeveloped or cultivated agricultural land, characterized by large open fields with minimal built structures. Existing on-site uses are limited and generally rural in nature, with scattered agricultural operations and a small number of rural residential or ancillary structures. The landscape is largely open, with visibly defined field boundaries and limited roadway infrastructure within the interior of the site. No substantial urban development, commercial activity, or public facilities are present within the project footprint.

Characteristics of the Modified Project
The Modified Project consists of a blending of six Development Sub-Areas into a single cohesive project. This blending of the areas includes a reduction in density for the Alves SPA, and an increase in density on the Mable SPA. The total blended density is within the expected density range for the six Development Sub-Areas as defined in the TSP.
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EIR Addendum – Modesto GPA/Tivoli Specific Plan Project EA C&ED No. 2026-03 11
Figure 1
#30..
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12 EIR Addendum – Modesto GPA/Tivoli Specific Plan Project Figure 2
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EIR Addendum – Modesto GPA/Tivoli Specific Plan Project EA C&ED No. 2026-03 13
Figure 3
#30..
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14 EIR Addendum – Modesto GPA/Tivoli Specific Plan Project Figure 4
#30..
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EIR Addendum – Modesto GPA/Tivoli Specific Plan Project EA C&ED No. 2026-03 15
Figure 5
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16 EIR Addendum – Modesto GPA/Tivoli Specific Plan Project Figure 6
#30..
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EIR Addendum – Modesto GPA/Tivoli Specific Plan Project EA C&ED No. 2026-03 17
Figure 7
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18 EIR Addendum – Modesto GPA/Tivoli Specific Plan Project 4 ENVIRONMENTAL ANALYSIS
Analysis of Impacts Found to be Less Than Significant
Specific impacts within the following categories of environmental effects were found to be less than significant as set forth in more detail in the certified EIR. Following each bullet is a conclusion on whether the proposed revision changes the impact conclusion found in the original EIR.

Section A: Land Use & Planning
The proposed Project modifies the original project by adjusting unit distribution within six Development Sub-Areas (VLDR-1, VLDR-3, LDR-9, LDR-12, LDR-13, and MHDR-5). Like the original project, it has the potential to affect land use as analyzed in Section A of the certified Draft EIR. The proposed Project would continue to develop residential land uses consistent with the TSP and applicable General Plan designations, and the proposed blended density of approximately 6.2 dwelling units per acre remains within the allowable TSP range of 5 to 8.9 dwelling units per acre.

The modifications do not introduce new land use types, increase development intensity beyond what was contemplated in the original EIR, or alter the overall land use pattern, circulation framework, or compatibility with surrounding uses. There are several relevant General Plan goals and policies that will remain applicable to the modified project. The project is consistent with those goals and policies. The project modifications do not cause significant changes to the land uses on the developed site, and they do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Section B: Agricultural Resources
The proposed Project modifies the original project by adjusting unit distribution within six Development Sub-Areas but does not expand the overall development footprint or introduce new areas of disturbance beyond those evaluated in the certified Draft EIR. As analyzed in Section B, Agricultural Resources, of the certified EIR, the original project anticipated the conversion of agricultural land within the TSP area to urban residential uses, consistent with the City’s long-range planning framework. The proposed Project does not increase the total acreage of agricultural land conversion, alter the extent of farmland designation impacts, or affect additional agricultural operations beyond those previously disclosed. No new Williamson Act contract lands are affected, and the #30..
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EIR Addendum – Modesto GPA/Tivoli Specific Plan Project EA C&ED No. 2026-03 19
modifications do not change the relationship between the project area and adjacent agricultural uses. Accordingly, the proposed Project does not result in new or more severe impacts to agricultural resources compared to the original project, and they do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Section C: Visual Resources
The proposed Project modifies the original project by adjusting unit distribution within six Development Sub-Areas (VLDR-1, VLDR-3, LDR-9, LDR-12, LDR-13, and MHDR-5), but does not substantially change the visual character evaluated in the certified EIR. As with the original project, development would consist of residential neighborhoods with similar building heights, massing, setbacks, and architectural character envisioned under the TSP.

The GPA to reconcile an inconsistency between the General Plan and the TSP on eight acres immediately adjacent to the Paregian site would bring the General Plan and TSP into consistency with one another. This eight-acre site was originally designated RC and will return to the same land use designation that was originally established for the site in the GP. The site is currently designated RSC-1, which is what was analyzed under the TSP EIR. As with the original project, development in the RC would consist of commercial development with similar building heights, massing, setbacks, and architectural character envisioned under the TSP.

While minor changes may incrementally alter localized views within the project area, these changes would not introduce new sources of visual contrast or modify the overall visual framework of the TSP. The proposed Project would continue to transition from existing and planned residential uses and open space in a manner consistent with the approved urban design and landscaping standards, and no new visually sensitive receptors or scenic vistas would be affected beyond those previously analyzed. The project modifications do not cause significant changes to the land uses on the developed site, and they do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Section D: Transportation and Circulation
The proposed Project modifies the original project by adjusting unit distribution within six Development Sub-Areas (VLDR-1, VLDR-3, LDR-9, LDR-12, LDR-13, and MHDR-5).

Transportation and circulation impacts are affected by changes to land use densities and types. The proposed Project would continue to develop residential land uses consistent with the TSP and applicable General Plan designations, and the proposed blended density of approximately 6.2 dwelling units per acre remains within the allowable TSP range of 5 to 8.9 dwelling units per acre.

The GPA to reconcile an inconsistency between the General Plan and the TSP on eight acres immediately adjacent to the Paregian site would bring the General Plan and TSP #30..
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20 EIR Addendum – Modesto GPA/Tivoli Specific Plan Project into consistency with one another. This eight-acre site was originally designated RC and will return to the same land use designation that was originally established for the site in the GP. The site is currently designated RSC-1, which is what was analyzed under the TSP EIR. As with the original project, development in the RC would consist of commercial development with similar trip generation and VMT as envisioned under the TSP.

The modifications do not introduce new land use types, increase development intensity beyond what was contemplated in the original EIR, or alter the overall land use pattern, circulation framework, or compatibility with surrounding uses. There are several relevant General Plan goals and policies that will remain applicable to the modified project. The project is consistent with those goals and policies. Additionally, Mitigation Measure D.2, D.4, D.6, were adopted and will remain applicable to the modified project.

These mitigation measures will remain unchanged and will be implemented as provided by the Mitigation Monitoring Program. The project modifications do not create significant changes to the developed site, and they do not change the environmental conclusion of less than significant with mitigation that was provided in the certified EIR.

Section E: Air Quality
The proposed Project modifies the original project by adjusting unit distribution within six Development Sub-Areas (VLDR-1, VLDR-3, LDR-9, LDR-12, LDR-13, and MHDR-5). As with the original project, emissions during project operation would primarily be associated with vehicular traffic and minor stationary sources, which could expose sensitive receptors to criteria pollutants and toxic air contaminants (TACs), locally elevate carbon monoxide concentrations, and result in occasional emissions of objectionable odors. As discussed above under Section D: Transportation and Circulation, changes to land use densities and types can affect traffic impacts. The proposed Project would continue to develop residential land uses consistent with the TSP and applicable General Plan designations, and the proposed blended density of approximately 6.2 dwelling units per acre remains within the allowable TSP range of 5 to 8.9 dwelling units per acre.

The GPA to reconcile an inconsistency between the General Plan and the TSP on eight acres immediately adjacent to the Paregian site would bring the General Plan and TSP into consistency with one another. This eight-acre site was originally designated RC and will return to the same land use designation that was originally established for the site in the GP. The site is currently designated RSC-1, which is what was analyzed under the TSP EIR. As with the original project, development in the RC would consist of commercial development with similar trip generation and VMT as envisioned under the TSP. This will translate into similar emissions as originally anticipated, although improvements in vehicle fleet and other emission sources have improved significantly since the original EIR and are expected to be much lower.

The modifications do not introduce new land use types, increase development intensity beyond what was contemplated in the original EIR, or alter the overall land use pattern, #30..
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EIR Addendum – Modesto GPA/Tivoli Specific Plan Project EA C&ED No. 2026-03 21
circulation framework, or compatibility with surrounding uses. The proposed modifications would remain within the thresholds assessed in the certified EIR and would not introduce new sources of emissions or increase concentrations beyond previously analyzed levels. Therefore, the proposed Project would not result in a new or more severe impact related to operational air quality. The project modifications do not cause significant changes to the land uses on the developed site, and they do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Section F: Noise
The proposed Project modifies the original project by adjusting unit distribution within six Development Sub-Areas (VLDR-1, VLDR-3, LDR-9, LDR-12, LDR-13, and MHDR-5). Like the original project, the modified project has the same potential to generate short-term construction noise and long-term operational noise. Construction noise sources, durations, and proximity to existing sensitive receptors would be substantially similar to those previously analyzed in Section F Noise, of the certified EIR. Operational noise associated with vehicular traffic would not significantly increase beyond levels contemplated under the original project assumptions because, as discussed above under Section D: Transportation and Circulation, the modifications do not introduce new land use types, increase development intensity beyond what was contemplated in the original EIR, or alter the overall land use pattern, circulation framework, or compatibility with surrounding uses. The proposed Project would continue to rely on the same regulatory framework, including compliance with City noise standards and construction hour limitations, which were determined to be effective in reducing noise impacts to less than significant levels. Additionally, Mitigation Measure F.2b, F.3, and F.4, were adopted and will remain applicable to the modified project. These mitigation measures will remain unchanged and will be implemented as provided by the Mitigation Monitoring Program. The project modifications do not create significant changes to the developed site, and they do not change the environmental conclusion of less than significant with mitigation that was provided in the certified EIR.

Section G: Hazards
The proposed Project would modify the original project by adjusting unit distribution within six Development Sub-Areas (VLDR-1, VLDR-3, LDR-9, LDR-12, LDR-13, and MHDR5); however, similar to the original Project, it would not introduce land uses or activities that would increase the potential for hazards or hazardous materials impacts. The modified Project would continue to consist of residential development consistent with the TSP, and there is no change that would alter emergency access, evacuation routes, or exposure to off-site hazards. Development would remain subject to the same regulatory requirements, including compliance with applicable fire codes, hazardous materials handling regulations, and emergency response standards evaluated in the certified EIR. The Project would not result in the routine use, transport, or disposal of hazardous materials beyond what was contemplated for residential development under #30..
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22 EIR Addendum – Modesto GPA/Tivoli Specific Plan Project the original Tivoli TSP, nor would it increase exposure to existing hazardous sites or conditions. Additionally, Mitigation Measure G.2, was adopted and will remain applicable to the modified project. These mitigation measures will remain unchanged and will be implemented as provided by the Mitigation Monitoring Program. The project modifications do not cause significant changes to the land uses on the developed site, and they do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Section H: Biological Resources
The proposed Project modifies the original Tivoli Specific Plan (TSP) by adjusting unit distribution within six Development Sub-Areas (VLDR-1, VLDR-3, LDR-9, LDR-12, LDR-13, and MHDR-5). As evaluated in Section B, Biological Resources, of the certified EIR, the original Project anticipated development of previously disturbed and planned urbanizing lands consistent with the TSP, with impacts to biological resources reduced to less than significant through compliance with applicable regulations and mitigation measures. The proposed Project does not expand the project footprint, increase disturbance into undeveloped habitat areas, or introduce new land uses that would increase impacts to special-status species, sensitive habitats, or jurisdictional waters beyond what was previously analyzed. Because development remains within the same planning areas, retains the same infrastructure framework, and does not alter open space, park/basin, or roadway configurations, the type, extent, and intensity of biological resource impacts would remain comparable to those evaluated in the certified EIR. Additionally, Mitigation Measures H.4, H.4, H.5, H.6a, H.6b, H.7 were adopted and will remain applicable to the modified project. These mitigation measures will remain unchanged and will be implemented as provided by the Mitigation Monitoring Program.

The project modifications do not cause significant changes to the land uses on the developed site, and they do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Section I: Hydrology and Water Quality
The proposed Project modifies the original project by adjusting unit distribution within the six Development Sub-Areas but does not alter impervious surface coverage in a manner that would affect stormwater management. Like the original project, the proposed Project has the potential to affect hydrology and water quality as analyzed in Section B of the certified Draft EIR. The development would continue to implement stormwater controls, drainage systems, and other Best Management Practices consistent with the TSP and applicable NPDES requirements. Additionally, Mitigation Measures I.1, I.2, I.3a, I.3b, I.4, I.8 were adopted and will remain applicable to the modified project. These mitigation measures will remain unchanged and will be implemented as provided by the Mitigation Monitoring Program. The project modifications do not cause significant changes to the land uses on the developed site, #30..
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EIR ADDENDUM
EIR Addendum – Modesto GPA/Tivoli Specific Plan Project EA C&ED No. 2026-03 23
and they do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Section J: Geology, Soils, and Seismicity
The proposed Project modifies the original project by adjusting unit distribution within the six Development Sub-Areas (VLDR-1, VLDR-3, LDR-9, LDR-12, LDR-13, and MHDR-5).

As with the original project, the potential for impacts related to geology, soils, and seismicity—including soil stability, erosion, expansive soils, liquefaction, and seismic ground shaking—remains consistent with the conditions analyzed in Section J of the certified Draft EIR. The modifications do not increase development intensity beyond what was previously contemplated, nor do they introduce new structures or alter the types of construction anticipated. Applicable building codes, engineering standards, and mitigation measures established in the certified EIR would continue to address potential geologic and seismic hazards. Additionally, Mitigation Measures J.1, and J.2 were adopted and will remain applicable to the modified project. These mitigation measures will remain unchanged and will be implemented as provided by the Mitigation Monitoring Program. The project modifications do not cause significant changes to the land uses on the developed site, and they do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Section K: Community Services
The proposed Project modifies the original project by adjusting unit distribution within the six Development Sub-Areas (VLDR-1, VLDR-3, LDR-9, LDR-12, LDR-13, and MHDR-5).

As such, the demand for community services, including police, fire protection, and emergency medical services, would remain consistent with the assumptions and analysis presented in the certified Draft EIR. While the precise distribution of units among the sub-areas has been adjusted, the total residential population and associated service needs are within the range previously analyzed. The modifications do not introduce new land uses or substantially increase service demand beyond what was anticipated in the original EIR. Additionally, Mitigation Measure K.3 was adopted and will remain applicable to the modified project. This mitigation measure will remain unchanged and will be implemented as provided by the Mitigation Monitoring Program. The project modifications do not cause significant changes to the land uses on the developed site, and they do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Section L: Utilities and Services Systems
The proposed Project modifies the original project by adjusting unit distribution within the six Development Sub-Areas (VLDR-1, VLDR-3, LDR-9, LDR-12, LDR-13, and MHDR-5).

Utility and service systems—including water, sewer, storm drainage, and solid waste— would continue to serve the Project area consistent with the infrastructure and capacity assumptions analyzed in the certified EIR. The minor adjustments in unit distribution do #30..
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EIR ADDENDUM
24 EIR Addendum – Modesto GPA/Tivoli Specific Plan Project not substantially increase the demand for water, wastewater, stormwater management, or solid waste collection beyond what was previously evaluated, and the Project remains within the capacities of existing and planned utility systems. Additionally, Mitigation Measures L.1, L.11, L.14, L.15, L.16, L.17, L.18, L.19, L.21, L.22, were adopted and will remain applicable to the modified project. These mitigation measures will remain unchanged and will be implemented as provided by the Mitigation Monitoring Program.

Section M: Water Supply
The proposed Project modifies the original project by adjusting unit distribution within the six Development Sub-Areas (VLDR-1, VLDR-3, LDR-9, LDR-12, LDR-13, and MHDR-5).

Water supply for the proposed Project would continue to be provided by the same public water system identified in the certified EIR, with demand proportional to the 343 residential units, which is within the range of units analyzed in the original TSP EIR. The modifications do not increase development intensity beyond what was previously evaluated, nor do they introduce new water uses or change the project’s water infrastructure. Additionally, Mitigation Measure M.2 was adopted and will remain applicable to the modified project. This mitigation measure will remain unchanged and will be implemented as provided by the Mitigation Monitoring Program. The project modifications do not cause significant changes to the land uses on the developed site, and they do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Section N: Population and Housing
The proposed Project modifies the original project by adjusting the distribution of residential units within the six Development Sub-Areas (VLDR-1, VLDR-3, LDR-9, LDR-12, LDR-13, and MHDR-5) while maintaining the overall unit total of 343 and a blended density of approximately 6.2 dwelling units per acre, consistent with the original TSP range of 5 to 8.9 dwelling units per acre. Like the original project, the proposed Project would continue to provide housing consistent with the General Plan’s land use designations and support the projected population growth anticipated in the certified EIR. Because there is no increase in total units, no new residential types are introduced, and no changes to site layout, roadways, or unit mix occur that would substantially affect population distribution, the modifications would not result in additional population growth or housing demand beyond what was analyzed in the original EIR. The project modifications do not cause significant changes to the land uses on the developed site, and they do not change the environmental conclusion of less than significant that was provided in the certified EIR.
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EIR ADDENDUM
EIR Addendum – Modesto GPA/Tivoli Specific Plan Project EA C&ED No. 2026-03 25
Analysis of Impacts Found to be Significant and Unavoidable The DEIR indicates that implementation of the original project would create several adverse environmental impacts, which are documented in Chapter IV. Environmental Setting, Impacts, and Mitigation of the DEIR. The DEIR recommends mitigation measures for most of these impacts which, if implemented, would reduce these impacts to a level of insignificance. However, several impacts were determined to be unavoidable, even within the implementation of mitigation measures described in the DEIR. This section briefly addresses these unavoidable adverse impacts.

Agricultural Resources
The original project implementation projected a loss of productive agricultural land within the project site, and that loss would contribute to the cumulative loss of farmland in the Modesto area as the city grows. The modified project remains consistent with the planned land uses and densities of the TSP and does not introduce new types of development or substantially expand the project footprint beyond what was already anticipated; meaning there will be no new loss of productive agricultural land. The proposed modifications do not change the environmental conclusion of significant and unavoidable that was provided in the certified EIR.

Air Quality
The original project implementation projected increased activities that generate air pollutant emissions within the project site. Construction-related emissions would occur but are anticipated to be less then previously anticipated given modern construction equipment, practices, and dust control measures. Operational emissions associated with vehicle trips, energy use, and other activities are comparable to or lower than those analyzed in the original TSP, particularly given current vehicle emission standards and lower per-capita emissions compared to vehicle fleet standards at the time of the original analysis. Overall, with compliance with applicable San Joaquin Valley Air Pollution Control District rules and regulations, the proposed Project would not result in a new or substantially more severe air quality impact than was previously identified.

The proposed modifications do not change the environmental conclusion of significant and unavoidable that was provided in the certified EIR.

Traffic
The original project projected increased traffic volumes as the TSP was implemented.

There were various improvements proposed to mitigate the impacts associated with traffic volumes that were anticipated. Additionally, the City has continued to analyze the circulation system over the last two decades, and has developed alternative improvements (i.e. roundabouts) at key intersections to improve traffic conditions. The proposed modifications do not increase the severity of any impact that was anticipated.

The existing development potential within the six Development Sub-Areas (VLDR-1, VLDR-3, LDR-9, LDR-12, LDR-13, and MHDR-5) is between 2,813 and 5,101 average daily #30..
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EIR ADDENDUM
26 EIR Addendum – Modesto GPA/Tivoli Specific Plan Project trips (9.44 ADT- LDR and VLDR, and 6.65 ADT for MHDR (ITE Trip Generation Manual, 11th Edition) when considering the maximum and minimum density allowed.

Development with the proposed modifications and site plans would result in the six Development Sub-Areas generating approximately 3,237 average daily trips (ADT) (343 units × 9.44 trips/unit/day = 3,237 ADT), which is below the maximum, and within the expected range. Comparatively, this is 1,864 ADT below the expected ADT under the maximum development potential for the six Development Sub-Areas.

The proposed modifications do not significantly affect traffic volumes, operations, or circulation patterns from what was evaluated in the certified EIR, and they do not change the environmental conclusion of significant and unavoidable that was provided in the certified EIR.

Noise
The original project implementation projected increased activities that generate noise.

Construction noise would occur in comparable phases and magnitudes as originally planned, with no new or unusual noise-generating operations introduced. Operational noise from residential use, including vehicle trips on local streets and typical outdoor activities, would be consistent with what was anticipated under the original TSP. Overall, the proposed Project would comply with the City of Modesto Noise Ordinance, and any minor changes in site layout or unit distribution would not result in substantially higher noise levels than those evaluated in the certified EIR. However, the proposed modifications do not change the environmental conclusion of significant and unavoidable that was provided in the certified EIR.

Analysis of Growth Inducement
The EIR found that growth inducing impacts associated with the Original Project were primarily related to the economic aspects of the direct increases in population and employment and result in the demand for a range of goods and services to meet the production and consumption needs of additional economic and residential activity. The modified project may generate minor changes in population and employment compared to the Original Project; however, these differences are within the range of growth previously analyzed. The Modified Project is expected to provide a similar population growth on the site relative what was anticipated under the Original Project.

Analysis of Impacts Found to be Irreversible Changes
The EIR found that the original project would entail the commitment of natural resources, energy resources, and human resources, and that the ongoing maintenance of the project site by the occupants will entail further commitment of energy resources in the form of natural gas and electricity generated by coal, hydro-electric power, or nuclear energy. The EIR found that the original project would irreversibly alter vacant land and convert agricultural uses, and would preclude the use of the site from other uses or open space. The EIR found that these commitments constitute long-term #30..
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EIR ADDENDUM
EIR Addendum – Modesto GPA/Tivoli Specific Plan Project EA C&ED No. 2026-03 27
obligations since it is generally impossible to return the land to its original condition once it has been developed. This irreversible change is not applicable to the modified project, as the site has already been converted and it was recognized that there would be a commitment of natural resources, energy resources, and human resources to the project and on-going maintenance.
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 7, 2026
Date: February 25, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Amendment of Tivoli Specific Plan, Tivoli Area Plan No. 1, Vesting Tentative Subdivision Maps and Final Development Plans Tivoli Alves and Paregian and General Plan Amendment
CONTACT: Katharine Martin, Senior Planner,
[email protected], 209-577-5267
Radha Hayagreev, Principal Planner
[email protected] 209-577-5302
DESCRIPTION:

Hearing to consider approving the proposed amendment to the Land Use Diagram of the Tivoli Specific Plan, with proposed adoption of Tivoli Area Plan No. 1, the Alves-Tivoli and Paregian-Tivoli Vesting Tentative Subdivision Maps and Final Development Plans, together with an amendment to the Land Use Element of the General Plan. (Funding Source: Application Fees) STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2025-26 Strategic Plan Goal E:
“Economic Vitality,” with Area of Focus to retain and attract residential, commercial and industrial development to meet the community’s needs today and for the next generation.

BACKGROUND:

On January 26, 2026, The Planning Commission recommended approval of both the residential subdivision maps allowing for a total of 251 new houses in the northwest quadrant of the Tivoli specific Plan Area. At the hearing, the Planning Commissioners discussed the merits of the long-awaited development in the Tivoli Specific Plan and heard from the existing residents and neighbors on Mable Avenue, as detailed in the Neighborhood Outreach section below. #31..
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The Tivoli Specific Plan (TSP) was adopted by the City Council on February 26, 2008, by Ordinance No. 3479-C.S. The Specific Plan encompasses approximately 454 acres bounded by the future Claratina Avenue to the north, Sylvan Avenue to the south, Oakdale Road to the west and Roselle Avenue to the east. The TSP provides for uses including commercial, school, parks, and residential development of a variety of densities as outlined by the Land Use Diagram and development standards. Since adoption, five (5) residential developments have been approved: Tivoli Snow, Tivoli Arcadia, Olivewood, Martin and Belconte. Two of those developments, Snow and Arcadia, are currently under construction.

On January 22, 2025, the Planning Division received applications for three (3) new residential developments: Alves, Mable, and Paregian. All three (3) are generally located to the north and south of Mable Avenue, east of Oakdale Road, and south of future Claratina Avenue. All three (3) developments in combination propose a total of 343 single-family residential lots over 71.8 gross acres total. While all three (3) developments are adjacent to each other and interconnected by way of sharing access from future Bridgewood Way (west of Aria Way) and a future connector street to extend south from future Claratina Avenue all east of Oakdale Road.

DISCUSSION:

The Alves-Tivoli development consists of the following proposed entitlements • Specific Plan No. 7 to amend the Land Use Diagram, 6 gross acres of MHDR-5 to LDR-13 (Project ID: SPA-25-002).
• Tivoli Area Plan No. 1 (Project ID: AREA-25-003).
• Vesting Tentative Subdivision Map “Tivoli Alves” to divide 26.3 gross acres into 141 residential lots (Project ID: TSM-25-003).
• Final Development Plan “Tivoli-Alves” for setback and other development standards (Project ID: FDP-25-002).

The Paregian-Tivoli development consists of the following proposed entitlements:
• Vesting Tentative Subdivision Map “Tivoli Paregian” to divide 17.4 gross acres into 99 residential lots and 5.4 gross acres into 11 very low density residential lots (22.8 gross acres total and 110 total lots) (Project ID: TSM25-004) • Final Development Plan “Tivoli Paregian” for setback and other development standards (Project ID: FDP-25-003)
Vesting Tentative Subdivision Maps: “Tivoli Alves” and “Tivoli Paregian”, and associated Final Development Plans
The proposed tentative map of Tivoli Alves would divide 26.3 gross acres into 141 single-family residential lots, the majority being small lot of less than 5,000 square feet. The Alves tentative map also dedicates a portion of the future community #31..
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park/dual-use basin and right-of-way for a future collector street that would connect future Bridgewood Way to future Claratina Avenue.

The proposed Paregian tentative map would divide 17.4 gross acres into 99 residential lots and 5.4 gross acres into very low density residential lots, a total of 110 lots over 22.8 acres.

Associated with the tentative maps are proposed Final Development Plans for both sites that provides for development standards specific to the tentative map area, including building setbacks and landscaping. As a majority of lots within the Alves tentative map are to be less than 5,000 square feet in area, the Final Development Plan for that site proposes interior side yard setbacks of three (3) feet in width to the property line, and street-side yard setbacks of 12-feet in width for those lots.

Larger lots would have wider interior side setbacks of five (5) feet. Rear yard setbacks are proposed to be 15-feet at minimum, and front yards of 12-feet, with 20-feet setback distances for the garages.

The Final Development Plan for Paregian provides for similar setbacks, five (5) feet minimum interior side yard setbacks and 12-foot street side yard setbacks, and fifteen-foot rear yards. For the very low density residential lots, wider setbacks are proposed: fifteen feet front yard, 20-foot garage setbacks and rear yard setbacks, and a minimum side yard setback of ten feet in width. The intention of the very low density residential lots is to accommodate design of homes on the north side of Mable Avenue that would complement the existing residences on the south side of the street.
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Figure 1: Existing Tivoli Specific Plan Land Use Diagram with Project Site Detail #31..
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Figure 2: Project Site Detail
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Figure 3: Vesting Tentative Subdivision Map: Alves
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Figure 4: Vesting Tentative Subdivision Map: Paregian
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Table 2: Vesting Tentative Subdivision Map Lot Sizes
Lots Less
than 5,000 sf
Lots 5,000-
8,000 sf
Lots 8,000-
10,000 sf
Lots Greater
than 10,000
sf
Total
Number of
Lots
Alves 72 69 0 0 141
Paregian 0 95 2 13 110
Specific Plan Amendment No. 7
The project proposes to amend the land use diagram of the Specific Plan by changing six (6) gross acres designated as Medium-High Density Residential (MHDR-5, 18-24 dwelling units per acre) to Low Density Residential (LDR-12, 4-8 dwelling units per acre). See Figure No. 1, below.

Together with the proposed amendment No. 8 to the Specific Plan to change two (2) gross acres from Very Low Density Residential (VLDR-3, 1-3 dwelling units per acre) into Low Density Residential (LDR-12, 4-8 dwelling units per acre) associated with the Tivoli Mable Parcel project, and the lot count proposed by the Paregian-Tivoli project, the resulting density overall would be 6.2 units per acre, a total of 343 units, 13 more than the minimum number of units allowed under the current land use designations. See Table 1, below.
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Table 1: Existing Development Potential and Proposed Development (Alves, Paregian and Mable)
Existing Development Potential Proposed Development
SubAreas Acre Density
(DU/Acre)
Min
Dwelling
Unit (DU)
Max
DU DU Acre (net)
Density
(net)
LDR-13 23.6 4-8 94 189 101 15.4 6.6
MHDR-5 6 18-24 108 144 40 6 6.6
Alves
Subtotal 29.6 6.8-11.2 202 333 141 21.4 6.6
VLDR-3 2 2-3 4 6 11 2 5.5
LDR-9 4.5 4-8 18 36 30 4.5 6.7
LDR-12 7.1 4-8 28 57 51 7.1 7.2
Mable
Subtotal 13.6 3.7-7.3 50 99 92 13.6 6.8
LDR-13 17.4 4-8 70 139 99 16.4 6
VLDR-1 4.8 2-3 8 12 11 4.07 2.7
Paregia
n
Subtotal 22.2 3.5-6.8 78 151 110 20.5 5.4
Total 65.4 5-8.9 330 583 343 55.5 6.2
Area Plan No. 1
The TSP is comprised of nine (9) individual Area Plans, each to ensure that any proposed development provides for circulation, land uses, infrastructure and design standards that implement policies of the Specific Plan. Each Area Plan outlines the placement of utilities and other infrastructure, as well as landscaping/paseos, location of neighborhood entries and lot configurations. To date, Area Plans No. 2, 5, and 6 have been adopted. The applicant proposes the adoption of Area Plan No. 1, within which are the proposed Tivoli Alves and Paregian tentative subdivision maps.

General Plan Amendment
Separately, the City proposes a General Plan Land Use Element Amendment to be consistent with the TSP. City Council Resolution No. 2022-449, which was adopted for an earlier project, Tivoli Arcadia, created inconsistencies with an amendment of Regional-Serving Commercial (RSC) uses to Low Density Residential (LDR) uses adjacent to the Tivoli Paregian map that resulted in an excess of eight (8) acres in the Land Use Element of the General Plan to change from Regional Commercial (RC) uses to Residential (R) uses. The City seeks to reconcile the inconsistency in the current EIR addendum EA/C&EA 2026-03. #31..
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Figure 5: General Plan Land Use Element Amendment Area
SB 330 Analysis
Government Code section 66300 (often referred to as SB 330) regulates the City’s ability to “downzone” residential properties. Section 66300(b)(1) states, in part, that a city “shall not enact a development policy, standard, or condition” that has the effect of reducing a site’s “residential development capacity.” Section 66300(h) provides an exception to this rule, allowing a city to change a land use designation or zoning ordinance to a less intensive use if the city “concurrently” changes “the development standards, policies, and conditions applicable to other parcels within the jurisdiction to ensure that there is no net loss in residential capacity.” When the proposed reduction in residential capacity is proposed by an applicant for a housing project, as it is here, “concurrently” means within 180 days of the decision to downzone.

SB 330 does not define residential “capacity.” As such, this analysis examines the potential for the project to change residential capacity in two ways. First, the analysis examines residential capacity based on the maximum residential density allowed under the various land use designations. Second, the analysis examines residential capacity as a function of the number of units actually built plus the #31..
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Combined, Specific Plan No. 7 and the General Plan amendment would result in the capacity loss of 160 units that the City would need to compensate for by upzoning other properties.

Combined, the Founders Point East and Tivoli Mable projects would result in a net increase in residential capacity of 430 units. Thus, under SB 330, this is more than sufficient to accommodate the loss of 160 units of the combined Specific Plan No. 7 and General Plan amendment (net increase of 270 units). #31..
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Built Units Plus Anticipated Units
Together with the proposed amendment No. 8 to the Specific Plan to change two (2) gross acres from Very Low Density Residential (VLDR-3, 1-3 dwelling units per acre) into Low Density Residential (LDR-12, 4-8 dwelling units per acre) associated with the Tivoli Mable Parcel project, and the lot count proposed by the Paregian-Tivoli project, the resulting density overall would be 6.2 units per acre, a total of 343 units, 13 more than the minimum number of units allowed under the current land use designations. See Table 1, below.

Table 1: Existing Development Potential and Proposed Development (Alves, Paregian and Mable)
Existing Development Potential Proposed Development
SubAreas Acre Density
(DU/Acre)
Min
Dwelling
Unit (DU)
Max
DU DU Acre (net)
Density
(net)
LDR-13 23.6 4-8 94 189 101 15.4 6.6
MHDR-5 6 18-24 108 144 40 6 6.6
Alves
Subtotal 29.6 6.8-11.2 202 333 141 21.4 6.6
VLDR-3 2 2-3 4 6 11 2 5.5
LDR-9 4.5 4-8 18 36 30 4.5 6.7
LDR-12 7.1 4-8 28 57 51 7.1 7.2
Mable
Subtotal 13.6 3.7-7.3 50 99 92 13.6 6.8
LDR-13 17.4 4-8 70 139 99 16.4 6
VLDR-1 4.8 2-3 8 12 11 4.07 2.7
Paregian
Subtotal 22.2 3.5-6.8 78 151 110 20.5 5.4
Total 65.4 5-8.9 330 583 343 55.5 6.2
To address the 8-acre mapping inconsistency, the City has performed an analysis of the capacity needed from the original Arcadia downzoning relative to the actual capacity provided in the two (2) areas that replaced the original Medium Density Residential (MDR) from the Arcadia site. The following Table 3 shows three (3) scenarios analyzed: 1) Original Arcadia Site; 2) Original Arcadia Replacement Capacity; and 3) Combined Actual Built/Proposed Capacity. #31..
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1) Original Arcadia Site Capacity Proposed
Proje
ct Sub-Areas
Acre
(gross)
Density
(low)
Density
(high)
Min
DU
Max
DU
Ave
DU DU
Acre
(net)
Density
(net)
Arcad
ia MDR-2, MDR-3 29.3 8 18 234 527 381 0 0 0.0
2) Original Arcadia Replacement Capacity Capacity Proposed Proje
ct Sub-Areas
Acre
(gross)
Density
(low)
Density
(high)
Min
DU
Max
DU
Ave
DU DU
Acre
(net)
Density
(net)
Arcad
ia LDR-15 29.3 4.00 8.00 117 234 176 141 21.1 6.7
Pareg
ian LDR-13 (Paregian) 25 4.00 8.00 100 200 150 0 0 0.0
217 434 326
Combined Actual Built/Proposed Capacity (Arcadia/Paregian) Capacity Actual Proje
ct Sub-Areas
Acre
(gross)
Density
(low)
Density
(high)
Min
DU
Max
DU
Ave
DU DU
Acre
(net)
Density
(net)
Arcad
ia LDR-15 29.3 4.00 8.00 117 234 176 141 21.1 6.7
Pareg
ian LDR-13 (Paregian) 17.4 4.00 8.00 70 139 104 99 16.4 6.0 Pareg
ian
LDR-13 (change to
RSC-1) 8 4.00 8.00 32 64 48 0 0 0.0
219 438 328 240 37.5 6.4
Original Arcadia Site: The original Arcadia site had a density range of 8-18 du/acre for the original MDR-2 and MDR-3 sites. This allowed for a housing capacity of between 234-527 dwelling units as defined by the TSP.

Original Arcadia Replacement Capacity: The replacement of MDR-2, and MDR-3 resulted in the creation of LDR-15 and LDR-13 in the TSP. The Arcadia project constructed an "Actual" dwelling units count of 141 units within LDR-15. This left a balance needed of between 93 and 386 dwelling units to maintain the original capacity of the Arcadia site. It is noted that the replacement created a mapping inconsistency between the General Plan and TSP, wherein 25 acres of Regional Commercial (RC) was changed to Residential (R) in the General Plan and only

17.4 acres of RSC-1 was changed to LDR. This left a discrepancy of approximately 8 acres that remained RSC-1 in the TSP but was changed to R in the General Plan.
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Combined Actual Built/Proposed Capacity: The 17.4 acres in Paregian redesignated as LDR-13 in the TSP is proposed to be subdivided in 99 units.

Combining 141 units built in LDR-15 and the proposed 99 units in LDR-13, the combined "actual" units would be 240 units which is collectively intended to replace the capacity lost from the original Arcadia downzoning. Compared to the original capacity of MDR-2 and MDR-3 (234 to 527 units), the combined capacity of LDR-13 and LDR-15 meet the replacement need for the 8-acre discrepancy.

Conclusion: The analysis of the three (3) scenarios above (1) Original Arcadia Site; 2) Original Arcadia Replacement Capacity; and 3) Combined Actual Built/Proposed Capacity) shows that the original capacity of the Arcadia site has been met/replaced through the actual units constructed in LDR-15 (141 units), in addition to the proposed subdivision of 17.4 acres in the Paregian application into 99 units in LDR-13. This results in 240 units, which is within the capacity originally anticipated for the MDR-2 and MDR-3 Arcadia site. The analysis shows that the 8 acres designated as R in the General Plan is unnecessary to meet the original replacement capacity needs of the Arcadia project. Therefore, the City intends to reconcile the General Plan/TSP inconsistency through a General Plan Amendment that would change the R land use in the General Plan back to RC use. The TSP land use would remain RSC-1.
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Tentative Subdivision Map Findings:

Staff Review: The proposed vesting tentative subdivision maps of Alves and Paregian are consistent with the General Plan and the TSP (as amended) as they are within the Residential (R) land uses of the General Plan and the residential land use areas of the TSP, allowing for development of residential uses as provided by the TSP.
(2) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

Staff Review: The TSP is a long-range vision planning document that was approved in 2008 by the City Council. All three (3) projects are within the TSP’s area and the site is suitable for the type of residential development proposed by the tentative maps. Although Alves and Mable depend on amendments to the Land Use Diagram of the Specific Plan, the overall pattern of development remains in line with the residential type of development envisioned by the TSP document. (4) That the site is not physically suitable for the proposed density of development.

Staff Review: The area of the TSP is flat and formerly utilized as orchard and pastureland. There are no physical impediments to development not previously documented by the TSP and analyzed and mitigated by the TSP Final EIR. The Mitigation measures for the proposed density of development has been anticipated and discussed in the TSP Final EIR SCH # 2005072125 and included in the Conditions of Approval of the resolution.
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(5) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

Staff Review: The design of the tentative maps is in accordance to the TSP, and all environmental impacts have been analyzed and mitigated by the TSP Final EIR.

The proposed projects are reviewed in the EIR Addendum C&EA 2026-003 and attached to the staff report. No significant impact resulted from these project proposals that warrant changes or additions to the previously certified EIR were found.
(6) That the design of the subdivision or the type of improvements is likely to cause serious public health problems.

Staff review: The design of the tentative maps is in accordance to the TSP, and all environmental impacts have been analyzed and mitigated by the TSP Final EIR.

The improvements and design of the subdivision is to ensure promoting healthy communities with multi-modal transportation and easy navigation and access to nearby schools and facilities thereby allowing for better living environments for the future occupants of the homes.
(7) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large for access through or use of property within the proposed subdivision.

Staff Review: Conditions of approval for the three (3) tentative maps would ensure that public utility and right-of-way easements would be provided. Standard conditions applied to all three (3) tentative maps regarding utility facilities would ensure that such facilities be protected, relocated or removed as required, and easements for facilities to remain are to be reserved as required.

Neighborhood Outreach
Mable Avenue is an existing street that extends east of Oakdale Road and currently terminates approximately one-third of a mile east of Oakdale Road. There are eight (8) existing homes on Mable Avenue in addition to an existing veterinary clinic at the southeast corner of Oakdale Road and Mable Avenue with access onto Oakdale Road. The applicant representative, David Romano, has held #31..
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discussions with the residents on Mable Avenue regarding the proposed developments.

The neighborhood has expressed concerns about construction traffic impacting the existing street. However, if any of the three (3) tentative maps are approved, development of those tentative maps would also involve the extension of future Claratina Avenue and the extension of a future collector street connecting to Bridgewood Way east of Aria Way. Construction traffic currently accesses the area via Aria Way as part of the Snow and Arcadia developments, already underway. The project is conditioned to mitigate the construction of traffic impact on the existing streets. Refer to Attachments 3 and 4 for Vesting Tentative Subdivision Map conditions.

During February 23, 2026, Planning Commission hearing, residents of Mable Avenue were in attendance, and had three concerns- timing of the improvements on Mable Avenue, single story homes adjacent to the current homes, and a seven (7) foot fence. In order to mitigate these concerns, staff added the following conditions:

1. Mable Improvements
Current Condition:

With the development of the Phase 2 large lots along Mable Avenue, the developer shall reconstruct Mable Avenue to include curb and gutter and drive approaches along the south side to facilitate stormwater capture, as approved by the City Engineer. The project applicant shall also provide water and sewer lateral stubs for the existing ranchette properties located on the southerly side of Mable Avenue to accommodate future service connections.

Added Conditions:

1. As part of the Paregian Phase 1 improvement plans, the developer shall be responsible for the design of the full roadway improvements consistent with the Tivoli Specific Plan for Mable Avenue from Oakdale Road on the west to project limits on the east, subject to review and approval of the City Engineer.
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2. As part of the Paregian Phase 1 improvement plans, the developer shall design and construct a one-tenth of a foot (0.1') Asphalt Concrete (AC) pavement overlay for length of the Mable Avenue, from Oakdale Road on the west to the project limits on the east, subject to review and approval of the City Engineer. The AC pavement for Mable shall be constructed with the Paragian Phase 1 improvements.

2. Single Story Homes
Added Condition:

Future residential development of Lots 31, 41, lot C, lot 3, 29, 9, 8 and 7 will be subject to the City’s second story review process and is required to conform to the City of Modesto’s Neighborhood Compatibility Guidelines

3. Fencing
Added Condition:

Developer is responsible for constructing a 7ft high wooden fence on the entire length of the Mable subdivision adjacent to the existing Mable Avenue rear and side property lines. This includes and is not limited to property lines of proposed subdivision labelled lot 31, 41, lot C, 29, 30, 8 and 9 FISCAL IMPACT:

All application fees and environmental review fees for this item have been paid by the project applicants in accordance to the fee schedule adopted by the City Council. In addition, the projects will be subject to all applicable adopted development fees prior to building permit issuance to offset the City’s fiscal impact of development.1
Recommended conditions of approval included with the attached resolutions would require the owners of the properties to annex into the Community Facilities District (CFD) No. 2024-1 prior to recordation of Final Maps, to facilitate the property owners’ contributions towards the Tivoli Specific Plan area improvements that would serve future development and maintenance of amenities on the development sites.

COMMITTEE RECOMMENDATION:

The item was considered by the Planning Commission at their regularly scheduled February 23, 2026, hearing, and the Commission recommended approval of the project on a 6-1 vote.

CEQA/NEPA REQUIREMENTS:
1 2025-2026 Planning Fee Schedule https://www.modestogov.com/DocumentCenter/View/19126/Planning-DivisionDevelopment-User-Fees-Fiscal-Year-25-26-PDF #31..
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The project was previously analyzed in the TSP Final Environmental Impact Report (State Clearinghouse No. 2005072125), certified by the City Council on February 26, 2008, by Resolution No. 2008-141.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving Specific Plan Amendment No. 7 to the Tivoli Specific Plan to amend the Land Use Diagram of six (6) acres from Medium-High Density Residential to Low Density Residential.

Resolution approving Area Plan No. 1 in the Tivoli Specific Plan, property located between Mable Avenue and future Claratina Avenue, east of Oakdale Road.

Resolution approving the Vesting Tentative Subdivision Map of Tivoli Alves.

Resolution approving the Vesting Tentative Subdivision Map of Tivoli Paregian.

Resolution approving the Final Development Plan for Tivoli Alves.

Resolution approving the Final Development Plan for Tivoli Paregian.

Resolution adopting an Amendment to the General Plan to restore the designation of eight (8) acres to Regional Commercial (RC) from Residential (R) to reconcile inconsistency between the General Plan and the Land Use Diagram of the Tivoli Specific Plan.

Approved by:

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

1. City Council Resolution, Tivoli Specific Plan Amendment No. 7 & Exhibit A

2. City Council Resolution, Tivoli Specific Plan Area Plan No. 1 & Exhibit A

3. City Council Resolution, Vesting Tentative Subdivision Map, Tivoli Alves & Exhibit A

4. City Council Resolution, Vesting Tentative Subdivision Map, Tivoli Paregian & Exhibit A

5. City Council Resolution, Final Development Plan, Alves (Tivoli) & Exhibit A #31..
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6. City Council Resolution, Final Development Plan, Paregian (Tivoli) & Exhibit A

7. City Council Resolution, General Plan Amendment & Exhibit A

8. Addendum to the Tivoli Final EIR, EA/C&ED 2026-03 (2)

9. Financial Interest Disclosure Form (2)

10.Levine Act Forms (3)
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04/07/2026/CED/JHill/Item X 2026-xx

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX
RESOLUTION APPROVING SPECIFIC PLAN AMENDMENT NO. 7 TO THE

TIVOLI SPECIFIC PLAN TO AMEND THE LAND USE DIAGRAM OF SIX

ACRES FROM MEDIUM-HIGH DENSITY RESIDENTIAL TO LOW DENSITY

RESIDENTIAL
WHEREAS, Government Code Section 65450 et. seq. permits cities and counties to adopt specific plans for the systematic implementation of the General Plan and to provide for a greater level of detail in planning sites or areas of special interest or value; and
WHEREAS, on February 26, 2008, the City Council by Ordinance No. 3479-C.S. adopted the Tivoli Specific Plan; and
WHEREAS, Government Code Section 65453 permits the amendment of specific plans as often as deemed necessary by the legislative body; and WHEREAS, on September 7, 2016, by Ordinance No. 3654-C.S. the City Council approved Amendment No. 1 to the Tivoli Specific Plan to include minor land use adjustments regarding the relocation of the school site with the overall density and intensity remaining essentially the same, minor internal street alignment adjustments, removal of four roundabouts, and various clean-up and technical changes to the Specific Plan; and
WHEREAS, on March 21, 2022, the Director of Community and Economic Development administratively approved Amendment No. 2 to the Tivoli Specific Plan as allowed by Section 9.3.4.1 of the Specific Plan, to amend and update street cross section details with associated minor text changes; and #31..
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WHEREAS, on November 1, 2022, by Resolution No. 2022.450 the City Council approved Amendment No. 3 to the Tivoli Specific Plan to change the land use designation of 25 acres from Regional Serving Commercial (RSC) to Residential (R) and to change 27 acres from Medium Density Residential (MDR) to Low Density Residential (LDR); and
WHEREAS, on May 13, 2025, by Resolution No. 2025-165 the City Council approved Amendment No. 4 to the Tivoli Specific Plan to amend the Land Use Diagram to amend 19.95 acres from Medium-High Density Residential (MHDR) and Regional Serving Commercial (RSC) to Medium Density Residential (MDR) with associated text amendments, and to amend Chapter 4 Development Standards to amend certain design standards to allow reduced setbacks and lot sizes; and
WHEREAS, on May 13, 2025, the Director of Community and Economic Development administratively approved Amendment No. 5 to the Tivoli Specific Plan as allowed by Section 9.3.4.1 of the Specific Plan, to amend Section 5.7.1.2 Community Walls Along Arterial Streets, to allow for seven-foot-high walls with conditions; and
WHEREAS, on February 10, 2026 by Ordinance No. 3806-C.S. the City Council approved the first part of Amendment No. 6 to the Tivoli Specific Plan to amend the Street Hierarchy Diagram to change the designation of Oakdale Road and Claratina Avenue from six-lane roadways to four-lane roadways; and #31..
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WHEREAS, on February 10, 2026 by the same Ordinance the City Council also approved the second part of Amendment No. 6 to include the text amendments to Chapter 9, Administration of the Specific Plan, relative to the adoption of Major Amendments to the Specific Plan through Resolution, of which Ordinance No. 3806-C.S. became in effect on March 26, 2026 in advance of this proposed Specific Plan Amendment No. 7; and
WHEREAS, Alves Properties LP has filed an application to amend the Tivoli Specific Plan (Amendment No. 7) to change the Land Use Diagram by amending six acres designated as Medium High Density Residential (MHDR-5) uses to Low Density Residential (LDR-13) uses; and
WHEREAS, said application was made concurrently with an application for a proposed amendment to the Tivoli Specific Plan to change the Land Use Diagram by amending two acres designated as Very Low Density Residential (VLDR-3) to Low Density Residential (LDR-12) uses (File ID: SPA-25-003) to facilitate the development of the proposed Tivoli Mable Vesting Tentative Subdivision Map (File ID: TSM-25-002); and
WHEREAS, said application was also concurrent with an application for a new Area Plan No. 1 document for the Tivoli Specific Plan, filed in accordance with Section 9.4.1 of the Specific Plan (File ID: AREA-25-003), to facilitate the development of the Vesting Tentative Subdivision Map of Tivoli Paregian (File ID:

TSM-25-004) to divide a total of 22.8 acres into 110 lots, and the Vesting #31..
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Tentative Subdivision Map of Tivoli Alves (File ID: TSM-25-003) to divide 26.3 acres into 141 single-family residential lots, both within Area Plan No. 1; and WHEREAS, said application was also concurrent with an application for a new Area Plan No. 4 document for the Tivoli Specific Plan, filed in accordance with Section 9.4.1 of the Specific Plan (File ID: AREA-25-002), to facilitate development of the abovementioned Vesting Tentative Subdivision Map of Tivoli Mable, to divide 22.8 acres into 92 single-family residential lots; and WHEREAS, an Addendum to the Tivoli Final Environmental Impact Report (Tivoli FEIR), EA/C&ED 2026-03, was prepared pursuant to Section 15164 of the CEQA Guidelines, which concluded that the project is within the scope of the Tivoli Specific Plan Final EIR (SCH No. 2005072125) and that pursuant to Sections 15162 and 15164 of the CEQA Guidelines, no new environmental review is required; and
WHEREAS, a public hearing was held by the Planning Commission on February 23, 2026, 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 Planning Commission by Resolution No. 2026-07 recommended to the City Council approval of Amendment No. 7 of the Tivoli Specific Plan; and
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WHEREAS, said matter was set for a public hearing of the City Council to be held on April 7, 2026 in Chambers of City Hall, located at 1010 Tenth Street, Modesto, California, at which date and time of said duly noticed public hearing was held.

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

1. There are no substantial changes proposed in the Specific Plan amendment that will require major revisions of the Tivoli Specific Plan EIR (SCH No. 2005072125).

3. No new information, which was not known and could not have been known at the time the Tivoli Specific Plan Final EIR was certified as complete, has become available.

4. The Addendum to the Tivoli Specific Plan EIR, EA/C&ED 2026-03, and all other evidence in the record, provides the substantial evidence to support findings 1-3, noted above.

5. The City Council has considered the Addendum to the Tivoli Final EIR EA/C&ED 2026-03 and finds that the Addendum reflects the Council’s independent judgment.

BE IT FURTHER RESOLVED by the City Council of the City of Modesto that it hereby finds and determines as follows:

7. As set forth in the agenda report and as supported by the evidence in the record for this matter, the reduction in residential capacity caused by the change in land use designation of six acres from MHDR-5 (15- #31..
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24 du/acre) to LDR-13 (4-8 du/acre), does not result in a net loss in residential capacity due to changes in land use designations that the City has concurrently made to other areas within the City’s jurisdiction.

BE IT FURTHER RESOLVED by the City Council of the City of Modesto that it hereby approves of the proposed Amendment No. 7 of the Tivoli Specific Plan described in Exhibit "A," attached hereto and incorporated herein by reference.

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

The City of Modesto shall promptly notify the developer of any such claim, action, or proceeding and shall cooperate fully in the defense. #31..
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The foregoing resolution was introduced at the regular meeting of the City Council of the City of Modesto held on the 7th day of April, 2026, by , who moved its adoption, which motion being duly seconded by , was upon roll call carried and the resolution carried by the following vote:

Ayes:

Noes:

Absent:

Recused:

ATTEST:

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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BRIDGEWOOD WY

SYLVAN AVE
MC REY

NOLDS AV
E

IVES ST

CARSON OAK DR

COOPERS HAWK LN

HORNED LARK LN

SALVATORE WAY

ROSALINA DR

SNOWFIRE DR

MEDINAH WY

BARN OWL DR

SPRING OAK DR

ARIA WY

OAKDALE RD

REDTAIL HAWK RD

MOANA WY

ROSELLE AVE
MAUI T
ERRACE

MEDINAH CT

JEFFREY DR

MABLE AVE

LYDIA LN

ROSALINA CT

POPOLARI WAY

STARLIGHT DR

HISTORY WAY

SPLENDOR WAY

ARIA WAY

SELCHI ST

PINTAIL DRAKE LN

CLARATINA AVE

KONA OAK DR
LDR-2 NC-1
LDR-3
MHDR-1 LDR-1
LDR-14
PARK
MHDR-5
LDR-13 RSC-1
VLDR-1
VLDR-3
LDR-12
PO-1 EVLDR-3
VLDR-2
MDR-3
GC-1
MDR-2
NC-3
EVLDR-2
LDR-11
LDR-10
EVLDR-1
LDR-8
LDR-7
LDR-6
LDR-15
TANK LDR-5
MDR-1
MHDR-2
NC-2
LDR-4
SCHOOL
LDR-9
RSC-2
Tivoli Specific Plan
Land Use Diagram
0 0.1 O Miles
EVLDR: Existing Very Low Density Residential
VLDR: Very Low Density Residential
LDR: Low Density Residential
MDR: Medium Density Residential
MHDR: Med-High Density Residential
PO: Professional Office
NC: Neighborhood Commercial
GC: General Commercial
RSC: Regional Serving Commercial
PARK
Public Water Well Site
SCHOOL
EXHIBIT A (Current Land Use Diagram) #31..
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BRIDGEWOOD WY

SYLVAN AVE
MC REY

NOLDS AV
E

IVES ST

CARSON OAK DR

COOPERS HAWK LN

HORNED LARK LN

SALVATORE WAY

ROSALINA DR

SNOWFIRE DR

MEDINAH WY

BARN OWL DR

SPRING OAK DR

ARIA WY

OAKDALE RD

REDTAIL HAWK RD

MOANA WY

ROSELLE AVE
MAUI T
ERRACE

MEDINAH CT

JEFFREY DR

MABLE AVE

LYDIA LN

ROSALINA CT

POPOLARI WAY

STARLIGHT DR

HISTORY WAY

SPLENDOR WAY

ARIA WAY

SELCHI ST

PINTAIL DRAKE LN

CLARATINA AVE

KONA OAK DR
LDR-2 NC-1
LDR-3
MHDR-1 LDR-1
LDR-14
PARK
LDR-13
LDR-13 RSC-1
VLDR-1
VLDR-3
LDR-12
PO-1 EVLDR-3
VLDR-2
MDR-3
GC-1
MDR-2
NC-3
EVLDR-2
LDR-11
LDR-10
EVLDR-1
LDR-8
LDR-7
LDR-6
LDR-15
TANK LDR-5
MDR-1
MHDR-2
NC-2
LDR-4
SCHOOL
LDR-9
RSC-2
Tivoli Specific Plan
Land Use Diagram
0 0.1 O Miles
EVLDR: Existing Very Low Density Residential
VLDR: Very Low Density Residential
LDR: Low Density Residential
MDR: Medium Density Residential
MHDR: Med-High Density Residential
PO: Professional Office
NC: Neighborhood Commercial
GC: General Commercial
RSC: Regional Serving Commercial
PARK
Public Water Well Site
SCHOOL
EXHIBIT A (Proposed Land Use Diagram) #31..
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MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX
RESOLUTION APPROVING AREA PLAN NO. 1 IN THE TIVOLI

SPECIFIC PLAN, PROPERTY LOCATED BETWEEN MABLE AVENUE

AND FUTURE CLARATINA AVENUE, EAST OF OAKDALE ROAD
WHEREAS, the City Council adopted the Tivoli Specific Plan, a 454-acre area of land adjoining the northeast portion of the City of Modesto, by Ordinance No. 3479-C.S. on February 26, 2008; and
WHEREAS, the Tivoli Specific Plan is comprised of nine Area Plans subject to review and approval by the Planning Commission, each Area Plan is denoted to ensure that the circulation, infrastructure, land use, density, project design and other specific plan provisions are provided for each Area Plan as required by Section 9.4.1 of the Tivoli Specific Plan; and WHEREAS, Section 9.4.1 of the Specific Plan requires the Planning Commission’s review and approval of each Area Plan prior to development within the Area Plan; and
WHEREAS, an application for Area Plan No. 1 was filed by Michael Zagaris on January 22, 2026, in accordance with Section 9.4.1 of the Tivoli Specific Plan; and
WHEREAS, said application was submitted together with an application to amend the Tivoli Specific Plan to change the Land Use Diagram of the Specific Plan by amending six acres designated as Medium High Density Residential (MHDR-5) uses to Low Density Residential (LDR-13) uses (Project ID: SPA-25- #31..
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002), together with a proposed Vesting Tentative Subdivision Map, “Tivoli Alves” to divide 26.3 acres within Area Plan No. 1 into 141 single-family residential lots (Project ID: TSM-25-003) with a Final Development Plan for setback and development standards within the Tivoli Alves Vesting Tentative Subdivision Map (Project ID: FDP-25-002), and a proposed Vesting Tentative Subdivision Map, “Tivoli Paregian” to divide 22.8 acres within Area Plan No. 1 into 99 low-density single-family residential lots and 11 very low density single-family residential lots (Project ID: TSM-25-004) with a Final Development Plan for setback and development standards for new development by the Tivoli Paregian Vesting Tentative Subdivision Map (Project ID: FDP-25-003); and WHEREAS, an Addendum to the Tivoli Final Environmental Impact Report (Tivoli FEIR), EA/C&ED 2026-03, was prepared pursuant to Section 15164 of the CEQA Guidelines, which concluded that the project is within the scope of the Tivoli Specific Plan Final EIR (SCH No. 2005072125) and that pursuant to Sections 15162 and 15164 of the CEQA Guidelines, no new environmental review is required; and
WHEREAS, a public hearing was held by the Planning Commission on February 23, 2026, in 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 Planning Commission by Resolution No. 2026-09 recommended to the City Council approval of Area Plan No. 1 of the Tivoli Specific Plan; and
WHEREAS, said matter was set for a public hearing of the City Council to be held on April 7, 2026 in Chambers of City Hall, located at 1010 Tenth Street, Modesto, California, at which date and time of said duly noticed public hearing was held.

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

1. There are no substantial changes proposed in the project that will require major revisions of the Tivoli Specific Plan Final EIR (SCH No. 2005072125).

3. No new information, which was not known and could not have been known at the time the Tivoli Specific Plan Final EIR was certified as complete, has become available.

4. The Addendum to the Tivoli Specific Plan EIR EA/C&ED 2026-03, and all other evidence in the record, provides the substantial evidence to support findings 2-4, noted above.

5. The City Council has considered the Addendum to the Tivoli Final EIR EA/C&ED 2026-03. and finds that the Addendum reflects the Council’s independent judgment.

BE IT FURTHER RESOLVED by the City Council of the City of Modesto that:

6. The proposed Area Plan is consistent with the Tivoli Specific Plan (as amended) and the General Plan because the Area Plan would allow #31..
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for the development of single-family residential uses that is consistent with the Specific Plan. The General Plan land use designation of Area Plan No. 1 as Residential (R), which allows for single-family residential uses.

BE IT FURTHER RESOLVED by the City Council of the City of Modesto that it hereby approves Area Plan No. 1 of the Tivoli Specific Plan, described in “Exhibit A,” attached hereto and incorporated herein by reference, be approved subject to the following conditions:

1. Except as amended herein, or by reference, all development shall be in accordance with Area Plan No. 1 and the associated Final Development Plan (Project ID AREA 25-003) and Vesting Tentative Subdivision Map of Tivoli Alves (Project ID FDP-25-002 and TSM-25- 003), with the Final action by City Council at a future agendized hearing.

3. Prior to the commencement of improvements to the Right of Way at the intersection of Oakdale and Claratina Avenue, or any road modifications where they intersect with SFPUC ROW, applicant must submit to Hetch Hetchy Water and Power (HHWP), a HHWP Project Review and Land Use Application and obtain written authorization from SFPUC for any proposed crossing, use of, reclassification, rezoning or work on City and County of San Francisco (CCSF)-owned land. Contact [email protected].
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04/07/2026/CED/JHill/Item X 2026-xx
The foregoing resolution was introduced at the regular meeting of the City Council of the City of Modesto held on the 7th day of April, 2026, by , who moved its adoption, which motion being duly seconded by , was upon roll call carried and the resolution carried by the following vote:

Ayes:

Noes:

Absent:

Recused:

ATTEST:

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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Westwood Professional Services Alves (Tivoli)

AREA PLAN

ALVES (TIVOLI)
SUBMITTAL DATE: SEPTEMBER 29, 2025
Prepared by:

Westwood Professional Services
1165 Scenic Drive, Suite A
Modesto, CA 95350
209.571.1765
Applicant:

Alves Properties
1120 Scenic Drive
Modesto, CA 95350
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APN: 083-003-013 APN: 083-003-012
APN: 083-004-041 APN:
083-004-052
APN:
083-004-054
APN:
083-004-056
APN:
083-004-055
APN:
083-004-062
APN:
083-004
-040
APN:
083-004
-039
APN:
083-004
-066
APN: 083-003-015
APN: 083-003-014 APN: 083-003-016
Drawing: N:\_ODE\Modesto\43500 Tivoli - Paregian Parcel\Planning\Exhibits\EXH-Tivoli Paregian & Alves AP-43390-43500.dwg Plot Date/Time: 9/30/2025 3:27 PM Last Saved by: EAHamed Know what'sbelow.

Callbefore you dig. R
AREA 1 (TIVOLI)
0056726.00 & 0057527.00MODESTO, CALIFORNIA 5
0 50 100 200
SCALE: 1" = 100' 1 AREA PLAN - LAND USE

STREET B

STREET C

STREET D

STREET A

STREET E

FUTURE CLARATINA AVENUE

OAKDALE ROAD

MABLE AVENUE
LEGEND
PARK

STREET N

STREET A

COURT L

STREET M

STREET H

COURT P

STREET K

PARK/BASIN

STREET J

COURT O

STREET K

STREET F
NOTES
X
XXX
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APN: 083-003-013 APN: 083-003-012
APN: 083-004-041 APN:
083-004-052
APN:
083-004-054
APN:
083-004-056
APN:
083-004-055
APN:
083-004-062
APN:
083-004
-040
APN:
083-004
-039
APN:
083-004
-066
APN: 083-003-015
APN: 083-003-014 APN: 083-003-016
Drawing: N:\_ODE\Modesto\43500 Tivoli - Paregian Parcel\Planning\Exhibits\EXH-Tivoli Paregian & Alves AP-43390-43500.dwg Plot Date/Time: 9/30/2025 2:25 PM Last Saved by: EAHamed Know what'sbelow.

Callbefore you dig. R
AREA 1 (TIVOLI)
0056726.00 & 0057527.00MODESTO, CALIFORNIA 5

STREET B

STREET C

STREET D

STREET A

STREET E

FUTURE CLARATINA AVENUE

OAKDALE ROAD

MABLE AVENUE
PARK

STREET N

STREET A

COURT L

STREET M

STREET H

COURT P

STREET K

PARK/BASIN

STREET J

COURT O
0 50 100 200
SCALE: 1" = 100'
LEGEND
2 AREA PLAN - CIRCULATION

STREET K

STREET F
NOTE
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APN: 083-003-013 APN: 083-003-012
APN: 083-004-041 APN:
083-004-052
APN:
083-004-054
APN:
083-004-056
APN:
083-004-055
APN:
083-004-062
APN:
083-004
-040
APN:
083-004
-039
APN:
083-004
-066
APN: 083-003-015
APN: 083-003-014 APN: 083-003-016 Drawing: N:\_ODE\Modesto\43500 Tivoli - Paregian Parcel\Planning\Exhibits\EXH-Tivoli Paregian & Alves AP-43390-43500.dwg Plot Date/Time: 9/29/2025 10:19 AM Last Saved by: EAHamed Know what'sbelow. Callbefore you dig. R AREA 1 (TIVOLI) 0056726.00 & 0057527.00MODESTO, CALIFORNIA 5 STREET B STREET C

STREET D

STREET A

STREET E

STREET F

FUTURE CLARATINA AVENUE OAKDALE ROAD

MABLE AVENUE
PARK

STREET N

STREET A

COURT L STREET H

STREET M

COURT P STREET K
PARK/BASIN STREET J COURT O STREET K 0 50 100 200
SCALE: 1" = 100'
LEGEND 3 AREA PLAN - INFRASTRUCTURE
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APN: 083-003-013 APN: 083-003-012
APN: 083-004-041 APN:
083-004-052
APN:
083-004-054
APN:
083-004-056
APN:
083-004-055
APN:
083-004-062
APN:
083-004
-040
APN:
083-004
-039
APN:
083-004
-066
APN: 083-003-015
APN: 083-003-014 APN: 083-003-016 Drawing: N:\_ODE\Modesto\43500 Tivoli - Paregian Parcel\Planning\Exhibits\EXH-Tivoli Paregian & Alves AP-43390-43500.dwg Plot Date/Time: 9/29/2025 10:19 AM Last Saved by: EAHamed Know what'sbelow. Callbefore you dig. R AREA 1 (TIVOLI) 0056726.00 & 0057527.00MODESTO, CALIFORNIA 5 STREET B STREET C

STREET D

STREET A

STREET E

STREET F

FUTURE CLARATINA AVENUE OAKDALE ROAD

MABLE AVENUE
PARK

STREET N

STREET A

COURT L

STREET M STREET H COURT P STREET K
PARK/BASIN STREET J COURT O STREET K 0 50 100 200
SCALE: 1" = 100'
LEGEND 4 AREA PLAN - LANDSCAPING
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APN: 083-003-013 APN: 083-003-012
APN: 083-004-041 APN:
083-004-052
APN:
083-004-054
APN:
083-004-056
APN:
083-004-055
APN:
083-004-062
APN:
083-004
-040
APN:
083-004
-039
APN:
083-004
-066
APN: 083-003-015
APN: 083-003-014 APN: 083-003-016 Drawing: N:\_ODE\Modesto\43500 Tivoli - Paregian Parcel\Planning\Exhibits\EXH-Tivoli Paregian & Alves AP-43390-43500.dwg Plot Date/Time: 9/29/2025 10:19 AM Last Saved by: EAHamed Know what'sbelow. Callbefore you dig.

R AREA 1 (TIVOLI)
0056726.00 & 0057527.00MODESTO, CALIFORNIA
5 CLARATINA AVENUE OAKDALE ROAD

MABLE AVENUE
0 50 100 200
SCALE: 1" = 100'
5 AREA PLAN - EXISTING CONDITIONS
APN: 083-003-017

AGRICULTURAL
POND
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04/07/2026/CED/JHill/Item X 2026-xx

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX

RESOLUTION APPROVING THE VESTING TENTATIVE SUBDIVISION MAP OF

TIVOLI ALVES
WHEREAS, on February 26, 2008, by Ordinance No. 3479-CS the City Council adopted the Tivoli Specific Plan; and
WHEREAS, the Tivoli Specific Plan is separated into nine Area Plans to provide for the orderly development of each area of the Specific Plan, with each Area Plan adopted by the Planning Commission in accordance to Chapter 9, Implementation, of the Specific Plan, or by City Council Resolution in certain situations; and
WHEREAS, Alves Properties LP has filed an application for a Vesting Tentative Subdivision Map, Tivoli Alves, to divide 26.3 acres into 141 singlefamily residential lots, as described in Exhibit “A,” attached hereto and incorporated herein by referenced, all within Area Plan No. 1 of the Specific Plan, property located south of future Claratina Avenue and east of Oakdale Road; and WHEREAS, said Vesting Tentative Subdivision Map was received together with an application to amend the land use diagram of the Tivoli Specific Plan (Project ID: SPA-25-002), to amend six acres from Medium-High Density Residential (MHDR) which allows 18-24 dwelling units per acre to Low Density Residential (LDR) which allows 4-8 dwelling units per acre; and #31..
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WHEREAS, said Vesting Tentative Subdivision Map was also received together with an application for the adoption of Area Plan No. 1 of the Tivoli Specific Plan (Project ID: AREA-25-003); and
WHEREAS, said Vesting Tentative Subdivision Map was also received together with an application for the adoption of a Final Development Plan (Project ID: FDP-25-002), to provide for certain building setback and development standards as allowed by Chapter 9, Section 9.4.1.2 of the Specific Plan; and WHEREAS, said Vesting Tentative Map was received in the office of the Secretary of the Planning Commission on January 22, 2025, and was accepted for filing and deemed complete on December 29, 2025, in accordance with the provisions of Section 4-4.401 of the Modesto Municipal Code; and WHEREAS, copies of said vesting tentative map have been sent to the Sylvan Elementary School and Modesto High School Districts, Modesto Irrigation District, the local utility companies, and the City Engineering and Transportation Department; and
WHEREAS, City services, including sewer and water facilities, are available; and
WHEREAS, the area can be served by elementary schools in the Sylvan School District and by Fire Station No. 7 at 1800 Mable Avenue, located within one mile; and
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WHEREAS, an Addendum to the Tivoli Final Environmental Impact Report (Tivoli FEIR), EA/C&ED 2026-03, was prepared pursuant to Section 15164 of the CEQA Guidelines, which concluded that the project is within the scope of the Tivoli Specific Plan Final EIR (SCH No. 2005072125) and that pursuant to Sections 15162 and 15164 of the CEQA Guidelines, no new environmental review is required; and
WHEREAS, a public hearing was held by the Planning Commission on February 23, 2026, 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 Planning Commission by Resolution No. 2026-11 recommended to the City Council approval of the Vesting Tentative Subdivision Map of Tivoli Alves, subject to the Conditions of Approval in said Resolution; and
WHEREAS, said matter was set for a public hearing of the City Council to be held on April 7, 2026 in Chambers of City Hall, located at 1010 Tenth Street, Modesto, California, at which date and time of said duly noticed public hearing was held.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Modesto that it hereby finds and determines as follows:
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1. There are no substantial changes proposed in the project that will require major revisions of the Tivoli Specific Plan Final EIR (SCH No. 2005072125).

3. No new information, which was not known and could not have been known at the time the Tivoli Specific Plan Final EIR was certified as complete, has become available.

4. The Addendum to the Tivoli Final EIR EA/C&ED 2026-03, and all other evidence in the record, provides the substantial evidence to support findings 1-3, noted above.

5. The City Council has considered the Addendum to the Tivoli Final EIR EA/C&ED 2026-03 in making this approval and finds that the Addendum reflects the City Council’s independent judgment.

BE IT FURTHER RESOLVED by the City Council of the City of Modesto that:

BE IT FURTHER RESOLVED by the City Council of the City of Modesto that the Vesting Tentative Subdivision Map of Tivoli Alves, accepted for filing in the office of the Secretary of the Planning Commission on December 29, 2025, be approved as submitted and subject to the following conditions:
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1. The Tivoli Alves Final Map cannot be recorded unless and until the City Council approves the proposed amendment to the Land Use Diagram of the Tivoli Specific Plan (SPA-25-002) to change MHDR-5 to LDR-13 to allow for the development of the 141-lot single-family residential development as proposed. Said approval shall be noted on the Final Map.

2. Prior to recordation of a Final Map, new street names for Streets A, F, H, J, M, N, and Courts L, O, and P shall be proposed and approved by both the City and the County.

Land Development Engineering:

3. Prior to recordation of a Final Map, project applicant shall produce improvement plans for required improvements prepared by a Registered Civil Engineer according to City standards and the Tivoli Specific Plan. Improvement plans shall be submitted for approval by the City Engineer or designee.

4. Project applicant shall ensure that any public improvements that are missing damaged or not to current City standards shall be designed and constructed per City standards in accordance with City Code (Article 7-1.701) and the Tivoli Specific Plan. Such improvements may include, but not be limited to curb & gutter, drive approach, sidewalk, ADA access ramps, fire hydrants and streetlights. All public improvement plans shall be designed by a Registered Engineer, reviewed and approved by the City Engineer prior to issuance of an Encroachment permit.

5. Project applicant shall ensure that all existing underground and aboveground utilities, irrigation, and electrical lines shall be protected, relocated, or removed as require by the City Engineer or designee.

6. The project applicant shall ensure that the proposed development is designed to function independently, with complete and operational pedestrian and vehicular circulation, utility infrastructure, and all other required improvements, in accordance with the Tivoli Specific Plan and applicable City Standards. Each tentative map or development phase must be capable of operating independently without reliance on the buildout of adjacent or future projects. Final design shall be subject to review and approval by the City Engineer.

Alves Project Specific Conditions:

7. The developer shall be responsible for the design of the proposed two roundabouts at the intersection of Street K & Street M and Claratina Avenue & Street K subject to review and approval of the City Engineer.

Prior to the issuance of the first building permit, the roundabout at Street K and Street M shall be fully designed and constructed to the #31..
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satisfaction of the City Engineer. The two lanes with bypass lanes roundabout at the intersection of Street K and Claratina Avenue shall be designed but not required to be constructed with this project. All roundabouts shall be designed by a California-registered civil engineer with demonstrated experience in roundabout design and Claratina and Street K roundabout must be designed by the California-registered civil engineer with demonstrated experience in two lanes with bypass lane roundabouts design and must provide evidence of the previous experience. Design and construction of these roundabouts may require the reconfiguration or removal of the 36,37,38,39,47, and 114 lots.

8. The project applicant shall design and install a CMU wall along the and Claratina Avenue frontages in accordance with the Tivoli Specific Plan.

9. The project applicant shall provide a 10-foot Public Utilities Easement (PUE) and a 10-foot Planting Easement (PE) on each side of the proposed public right-of-way, unless otherwise approved by the City Engineer.

10.The developer shall design and install a Minor Gateway feature at the southwest corner of the intersection of Claratina Avenue and Street K, as well as neighborhood entry features along the west side of the intersection of Street M and Street K, in accordance with the Tivoli Specific Plan.

11.The developer shall design and install full street improvements, including associated landscaping, along the project frontage on Street K, including curb and gutter improvements on the opposite (park) side, as determined by the City Engineer and in accordance with City standards and the Tivoli Specific Plan.

12.The developer shall design and install full frontage improvements adjacent to the project site along Claratina Avenue for the two southernmost lanes of travel, including but not limited to paseo improvements, landscaping, travel lanes, and decorative street lighting, along with any required right-of-way or easements. If full intersection control improvements as outlined in the Tivoli Specific Plan at Sylvan Avenue and Aria Way or Roselle Avenue and Aria Way are not available from the south or east of the site, the two southernmost lanes of travel up to the Oakdale Road and Claratina Avenue intersection would be required, including any required signal modifications to the interim traffic signal, and the acquisition of any necessary right-of-way for the temporary intersection improvements. Parking lanes, curb and gutter, sidewalks, and landscaping etc. on the south side of Claratina Avenue at the frontage of commercial site will be deferred until the #31..
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development of commercial site, unless pedestrian ADA access requirements are needed as determined by the City Engineer.

13.Any temporary or interim improvements installed by the developer shall not be eligible for reimbursement, as such improvements may be required to be removed to accommodate ultimate improvements.

14.The developer shall design and install pedestrian improvements to ensure adequate pedestrian connectivity from the proposed subdivision to Oakdale Road or Sylvan Avenue, as determined by the City Engineer.

15.The proposed temporary gate shall be subject to approval by the Fire Marshal and City Engineer and shall be designed and installed to provide fire apparatus turnaround capability in both directions, be equipped with Knox keys or other approved emergency access devices and be maintained in good working condition by the developer.

The developer shall be responsible for the operation, maintenance, and repair of the temporary gate until it is removed or replaced with permanent improvements approved by the City. Berms or ditches shall be installed prior to commencement of construction activities to prevent vehicles from bypassing the gate and shall remain in place and maintained for the duration of construction, as approved by the City Engineer.

Land Development Engineering, Water:

16. Project applicant shall construct Water lines per the Facilities Master Plan (FMP), including 16-inch water lines and smaller parallel distribution water lines, as per the FMP and Tivoli Specific Plan. All applicable water connection fees shall be paid, and an encroachment permit obtained from the City prior to any connection being made in the City’s public Right-of-Way.

17.Water main shall be installed on Street K and property frontage on Claratina Avenue to install Fire Hydrants as per City standards.

Land Development Engineering, Sewer:

18.Project applicant shall construct Sewer lines as per the Facilities Master Plan (FMP) and the Tivoli Specific Plan. Design and installation shall consider the commercial development to the west of this subdivision. Plans and calculations shall be submitted for review. All applicable sewer connection fees shall be paid, and an encroachment permit obtained from the City prior to any connection being made in the City’s public Right-of-Way.

Land Development Engineering, Storm Drain:

19.The project applicant shall be required to design and construct storm drainage improvements that direct stormwater runoff to the central park #31..
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basin, as identified in the Tivoli Specific Plan. In addition, the applicant may be required to excavate and remove soil within the basin area to create adequate stormwater storage capacity, subject to review and approval by the City Engineer. To the extent feasible, basin improvements shall accommodate the ultimate basin design, as necessary to support the overall functionality of the basin.

20.Project applicant shall provide plans and calculations for storm water basin(s) and storm water management per City Standards to serve this development and provisions for buildout of the Tivoli Specific Plan.

Volume and water quality requirements must be met per City Standards and the 2025 Modesto Stormwater Guidance Manual. The developer shall provide storm drainage calculations for the proposed conveyance system all the way to the proposed storm drainage basin including off-site flows that will convey through the proposed subdivision.

21.Project applicant shall provide plans and calculations to ensure that the downstream basin is sized adequately to take in the additional stormwater runoff from the project. Expansion of the basin will be required depending on the submitted calculations or as determined by the City Engineer.

22.Prior to the issuance of a Grading, Demolition, or Building Permit, Project applicant shall prepare and submit a Water Pollution Control Plan (WPCP) or Local SWPPP to Land Development Engineering, Stormwater for review. The WPCP or Local SWPPP shall include a description of all erosion, sediment, and pollution control BMPs to be used at the construction or demolition site to prevent sediment and other sources of pollution from entering the City storm drain system as well as a site plan showing their placement.

23.Project applicant shall obtain coverage under the General Permit for Discharges of Stormwater associated with Construction Activity disturbing one (1) or more acres of soil.

24.The proposed project includes residential development of greater than 10 units and is therefore considered a Priority Project.

25.Prior to the issuance of a Grading, Demolition, or Building Permit, Project applicant shall submit improvement plans conforming to design requirements of the most current edition of the City of Modesto Guidance Manual for Development, Stormwater Quality Control Measures and the City of Modesto Municipal Code.
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26.The conditions of approval specific to utilities, pedestrian, vehicular, and emergency vehicle access were created based on the currently approved tentative maps in the Tivoli Specific plan to ensure safe and fully accessible paths of travel and utility service to meet City Standards. As such, the timing of the respective developments in Tivoli is unknown, therefore the implementation of the timing and order of the construction of the improvements may be adjusted by the City Engineer to facilitate the orderly development of the area to meet the accessibility and access requirements.

Parks Planning and Development:

27.Applicant shall submit Landscape and Irrigation (L&I) plans for review and approval by the City’s Parks Planning and Development (PPD) Division. L&I plans shall meet the current State of California Model Water Efficient Landscape Ordinance (MWELO) requirements, Modesto Municipal Code (MMC) requirements and City of Modesto Standards at the time of submittal.

28.Applicant shall install a separate water meter for public landscape areas.

29.Applicant shall install street trees every thirty-five to forty feet on center (35-feet to 40-feet, OC) along all proposed streets.

30.Applicant shall install one (1) street tree per residential lot unless on a corner lot which requires street trees every thirty-five to forty feet on center (35-feet to 40-feet, OC) of the parcel’s length.

31.Applicant shall install climbing vines on all masonry walls, in a landscape planter, visible to public view to discourage tagging.

32.Applicant shall provide signage with appropriate landscaping for Clear Vision Triangles at entrances. Within the triangle, the area between three (3) and eight (8) feet in height measured from top of curb adjacent to landscape shall be clear.

33.Low Impact Development (LID) control and treatment measures shall be planted with vegetation for erosion protection and sediment entrapment to collect/treat storm water run-off before entering the storm drain system. Storm drainage basins shall be appropriately landscaped and irrigated to address the specific type of storm water control measure. Provide total square feet of the landscape area in project information.

Infrastructure Finance:

34.Requirement to provide perpetual funding for required City services and maintenance:
a. Prior to recordation of a Final Map for any residential project involving the subdivision of land into single family parcels or issuance of a building permit for any other project, the applicant shall provide for #31..
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perpetual funding to cover the full cost of the following services provided to the proposed development:
i. Maintenance and lighting of parks, parkways, streets and roads; ii. Open space services, and flood and storm protection services, including the operation and maintenance of storm drainage systems; iii. Perpetual funding to cover the full cost of maintenance and operation of any public improvements or other tangible property owned by the City with an estimated useful life of five or more years constructed as part of the proposed development.

35.The perpetual funding can be provided in the following manner:
a. Community Facilities District (CFD): Applicant shall annex the development into the existing City of Modesto Community Facilities District 2024-1 (Tivoli) in compliance with the requirements of the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) including, without limitation, affirmative votes, and the recordation of a Notice of Special Tax Lien. Applicant shall be responsible for all costs associated with the CFD proceedings.

36.A One-Time Facilities Special Tax shall be collected prior to certificate of occupancy issuance for any new construction on taxable property within the CFD 2024-1 (Tivoli). The estimated One-Time Facilities Tax and Annual Maintenance Special Tax are listed below by parcel.

Per-Acre Maximum Taxes:
• Maximum One-Time Facilities Tax: $104,000.00
• Maximum Annual Maintenance Special Tax: $5,372.64
• Maximum Annual Facilities Special Tax: $10,465.20

37.Per the Rate and Method of Apportionment (RMA) each fiscal year on July 1st, the escalation factor is placed on the CFD Taxes. Annual Facilities Special Tax shall escalate each year by two-percent (2%).

One-Time Tax Special Tax and Annual Maintenance Special Tax shall escalate each year by the greater of the percentage increase, if any construction cost index for the San Francisco region for the prior 12 months as published in the Engineering News or comparable source, or four-percent (4%).

38.Below is a list of the fees associated with the Tivoli development, with information regarding the fee types:
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a. Public Land Equalization Fee (LEFP): the LEFP is allocated equally among the parcels based on their net acreage, and is based on the infrastructure required to provide to the community as fair share of “volunteered” contribution for the benefit and privilege of developing a piece of property within Tivoli. The LEFP shall be collected prior to Final Map recordation. The current LEFP will be $1,343,692.68 based on the gross developable acreage for this project. This fee is subject to annual adjustments based on a three-year average of appraised fair market value.
b. Specific Plan Reimbursement Fee: the Tivoli Specific Plan Reimbursement Fee was approved by City Council Resolution No. 2019-196 on April 23, 2019, to reimburse for the cost of preparation, adoption and administration of the Tivoli Specific Plan. This fee will be due prior to building permit issuance and is currently $156,938.59 for this project.

39.Capital Facilities Fees (CFF) will be due and payable at the time a building permit is issued. CFF are impact fees established to mitigate the impacts of new development as outlined in Section 66000 of the California Government Code. The CFF for the 90 residential lots is calculated at the Single-Family Rate in effect at the time of building permit issuance.

Modesto Irrigation District (MID):

40.MID holds a forty (40) foot easement for MID’s Coffee-Davis Pipeline and a forty (40) foot easement for the Courtney Drain. Improvement plans and maps must be submitted to Modesto Irrigation District’s Civil Engineering Department for review.

41.All existing cast-in-place (CIP) pipe/culvert, corrugated metal pipe (CMP), polyvinyl chloride pipe (PVC) pipeline, disturbed pipeline, and appurtenant facilities that lie within the project limits must be replaced with rubber gasketed reinforced concrete pipe (RGRCP) that meets AASHTO requirements for HS20-44 traffic loading conditions:
a. Class IV RGRCP is required under all roads and must extend a minimum of 10’ each way beyond the drive path in any new development or improvement.
b. Type III RGRCP is required under any other location, unless otherwise required by MID representative.
c. The pipeline shall be installed with a minimum of 30” of cover from pipe bell to final grade. If 30” of cover cannot be achieved, Class IV RGRCP will be required with a cover no less than 24” from the pipe bell to final grade.
d. Ground disturbing activities at or within ten (10) feet of the existing pipeline will also require the replacement of the existing pipeline. #31..
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42.Irrigation to the landowners and neighboring landowners via the private irrigation facilities within the subject parcels must be maintained. If it is determined that the existing privately-owned infrastructure will be affected by the proposed project, MID requires consulting with downstream landowners to ensure their rights to water is maintained and discuss potential improvement plans for review and approval. MID will act as a liaison for privately-owned facilities but both MID and the landowner(s) must approve the plans.

43.All privately-owned facilities that will be improved, or have their alignment changed or relocated must be protected by an easement dedicated by separate instrument to the downstream landowner(s) that are served by the existing private infrastructure and the easement must be shown on the subdivision map.

44.There may be additional existing privately-owned infrastructure not recorded by MID. If it is determined that any of the existing infrastructure will be affected by the proposed project, the project proponent must consult with the affected property owners and MID to discus potential improvement plans for review and approval.

45.All abandoned-in-place irrigation facilities shall be removed within a development parcel. Abandoned pipeline facilities must be saw cut and plugged per MID irrigation standard construction detail C 55 a minimum of five (5) feet beyond the development parcel within the adjacent parcel.

46.All existing pipeline infrastructure that will no longer be used due to the project shall be removed entirely and properly disposed of off-site at the project proponent’s expense. Abandoning existing pipeline infrastructure in place is not allowed.

47.MID easements for protection of overhead and underground electrical facilities are required. MID overhead secondary cable shall be protected by a minimum 20’ wide easement centered on the overhead cable. Overhead primary cable shall be protected by a minimum 30’ wide easement centered on the overhead cable. MID underground secondary cable shall be protected by a minimum 5 foot. wide easement centered on the underground cable. MID underground primary cable shall be protected by a minimum 10 foot. wide easement centered on the underground cable. When underground cable is not located in the Road Right of Way or within the PUE along the street frontage a MID easement is required to protect the existing underground electrical facilities and maintain necessary safety clearances.

General Conditions:
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48.All fire hydrants and fire apparatus access roads meeting the requirement for “all weather” will need to be installed prior to combustible construction materials being brought into the site.

49.Developer shall install fire hydrants along all streets in the subdivision in accordance to City Standards and to the satisfaction of the Fire Marshall and City Engineer or designees.

50.Future home buyers and prospective residents of the Tivoli Specific Plan shall be provided disclosure that they are subject to noise, dust, odor and other impacts from adjacent agricultural operations. Such notice shall be placed on the Final Map at recordation.

51.Prior to Certificate of Occupancy of any structure, fences and walls shall be installed in accordance to the design standards of the Tivoli Specific Plan, Section 5.7, Community Wide Walls and Fencing Guidelines and Standards.

52.Prior to start of construction, all-weather, hard-surfaced roadways shall be constructed and maintained free of obstructions at all times during construction as required by Director of Community and Economic Development.

53.At the time of issuance of a building permit, the developer shall pay development impact fees at the established rate. Such fees may include but are not limited to, sewer and water connection fees, community facility fees, building permit and plan check fees.

54.All department Conditions of Approval for the project shall be included with building plans and shall be continuously maintained on-site during project construction to the satisfaction of the Chief Building Official.

55.All existing underground and aboveground utilities, irrigation, and electrical lines shall be protected, relocated or removed as required by the utility companies and the City Engineer or designee. Easements for utilities, irrigation and electrical lines to remain shall be reserved as required.

56.All landscaping, fences, and walls shall be maintained and the premises shall be kept free of weeds, trash, and other debris.

57.The property owner and developer shall, at their sole expense, defend, indemnify and hold harmless the City of Modesto, its agents, officers, directors and employees, from and against all claims, actions, damages, losses, or expenses of every type and description, including but not limited to payment of attorneys’ fees and costs, by reason of, or arising out of, this development approval. The obligation to defend, indemnify and hold harmless shall include but is not limited to any action to arbitrate, attack, review, set aside, void or annul this development approval on any grounds whatsoever. The City of Modesto shall promptly notify the developer of any such claim, action, or proceeding and shall cooperate fully in the defense. #31..
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The following conditions are mitigation measures from the Tivoli Final EIR and EIR Addendum that are applicable to the project:

Compliance plan shall be submitted to and approved by the Community and Economic Development Department prior to the issuance of a grading or building permit, whichever occurs first. b. Prior to the issuance of construction contracts, the project developers shall perform a review of new technology, as it relates to heavy-duty equipment, to determine what, if any, advances in emissions reduction are available for use. It is anticipated that in the near future both NOx and PM10 control equipment will be available. The San Joaquin Valley Air Pollution Control District should be consulted during this process.

The Project Developers shall incorporate available new technology in construction contracts.
c. The project developers shall limit traffic speed on unpaved roads to 15 miles per hour.
d. The project developers shall install sandbags or other control measures to prevent silt runoff to public roadways from sites with a slope greater than 1 percent.
e. The project developers shall install wheel washers for all exiting trucks, or wash off all trucks and equipment leaving the site, to prevent trackout of soil to public roadways. f. The project developers shall install windbreaks at windward sides of construction areas, if necessary to prevent wind-blown dust.

Project Developer shall provide a daily street sweeping schedule prior to the issuance of grading or building permit, whichever occurs first. k. The project developers shall use alternative-fuel construction equipment, where feasible. Project Developer shall provide a list of any alternative equipment prior to the issuance of grading or building permit, whichever occurs first.
l. The project developers shall minimize idling time (e.g., to a 10-minute maximum).
m. The project developers shall limit the hours of operation of heavy-duty equipment and/or the amount of equipment in use to the minimum practical.
n. The project developers shall replace fossil-fueled equipment with electrically driven equivalents (provided they are not run via a portable generator set), where feasible.
o. The project developers shall take steps to curtail construction activity during periods of high ambient pollutant concentrations; this may include reducing construction activity during the peak hour of vehicular traffic on adjacent roadways or ceasing construction activity during days declared as Spare the Air days by the San Joaquin Valley Air Pollution Control District.
p. The project developers shall implement activity management to reduce cumulative short-term impacts. Activity management plan shall be submitted to and approved prior to the issuance of a grading or building permit, whichever occurs first.

59.Air Quality (Tivoli FEIR Mitigation Measure E.2c): The site design shall fulfill the following requirements to reduce emissions from energy consumption:
a. The project developers shall incorporate energy efficient building design features including automated control systems for heating and air conditioning and overall energy efficiency at least 10 percent beyond the requirements of the California Energy Code (Title 24, California Code of Regulations), using features such as increased wall and ceiling insulation beyond Energy Code requirements, light colored roof materials to reflect heat, and energy efficient lighting and lighting controls. Prior to building permit issuance of each project, construction plans shall show that all energy efficient measures are included. b. The project developers shall design buildings with windows and/or skylights oriented to maximize natural cooling and heating in #31..
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accordance with the California Energy Commission’s 2005 Building Energy Efficiency Standards.
c. The project developers shall incorporate approved deciduous trees to provide shade on the south and west-facing sides of buildings. Prior to building permit issuance of each project, landscape plans shall be approved.

60.Noise (Tivoli FEIR Mitigation Measure F.2a): Design and implement new barriers for noise control at exterior locations of proposed residential development adjacent to major roadways. Prior to building permit issuance of each project, construction plans shall show all noise control features are included. The noise control features shall be installed prior to certificate of occupancy.

61.Hazards (Tivoli FEIR Mitigation Measure G.2): Conduct Phase I Environmental Site Assessments prior to issuance of grading or building permit, whichever occurs first. Remediation shall be implemented prior to issuance of grading or building permit or as determined by the Phase I ESA.

62.Biological Resources (Tivoli FEIR Mitigation Measure H.4): Applicant shall conduct pre-construction surveys to avoid nest disturbance. (See pp. IV.H.15-IV.H.16 for more detail.)

63.Biological Resources (Tivoli FEIR Mitigation Measure H.5):

The acreage of off-site management lands to be provided will depend on the distance between the project site and the nearest active nest site.

The 1994 CDFG staff report states:
a. Projects within one mile of an active nest tree shall provide:
i. One acre of HM land (at least 10% of the HM land requirements shall be met by fee title acquisition or a conservation easement allowing for the active management of the habitat, with the remaining 90% of the HM lands protected by a conservation easement [acceptable to the Department] on agricultural lands or other suitable habitats that provide foraging habitat for Swainson’s Hawk) for each acre of development authorized (1:1 ratio); or
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One-half acre of HM land (all of the HM land requirements shall be met by fee title acquisition or a conservation easement [acceptable to the Department] which allows for the active management of the habitat for prey production on the HM lands) for each acre of development authorized (0.5:1 ratio).
ii. Projects within 5 miles of an active nest tree but greater than 1 mile from the nest tree shall provide 0.75 acres of HM land for each acre of urban development authorized (0.75:1 ratio). All HM lands protected under this requirement may be protected through fee title acquisition or conservation easement (acceptable to the department) on agricultural lands or other suitable habitats that provide foraging habitat for Swainson’s Hawks.
iii. Projects within 10 miles of an active nest tree but greater than 5 miles from an active nest tree shall provide 0.5 acres of HM land for each acre of urban development authorized (0.5:1 ratio). All HM lands protected under this requirement may be protected through fee title acquisition or conservation easement (acceptable to the Department) on agricultural lands or other suitable habitats that provide foraging habitat for Swainson’s Hawks.
iv. Management Authorization holders/project sponsors shall provide for the long-term management of the HM lands by funding a management endowment (the interest on which shall be used for managing the HM lands) at the rate of $400 per HM acre. Current records within the California Natural Diversity Data Base (CNDDB) are more than five years old, so they alone cannot be used to confirm a mitigation ratio for the loss of approximately 38 acres of foraging habitat related to the Arcadia Properties Tivoli project. The CNDDB records do, however, provide guidance. The mitigation ratio depends on whether the project site is within one of three zones: 1) less than a mile; 2) between one and five miles; or 3) between five and ten miles. Nests have been recorded within the riparian habitats along both the Stanislaus River and Tuolumne River within ten miles of the project site. Even though the existing records along these rivers are more than five years old, active unpublished nests along these rivers within the last five years are nearly certain to have occurred. Therefore, this analysis assumes that active Swainson’s Hawks nests are present within ten miles of the project site.
v. Nest season surveys for Swainson’s Hawks should be conducted to confirm whether an active nest occurs within one of the closer zones.

Assuming that nests are present within ten miles, however, reduces the area requiring nest-season surveys from 314.2 square miles to

78.5 square miles; the area within 5 miles of the project site.

64.Biological Resources (Tivoli FEIR Mitigation Measure H.6a):

Implementation of formal CDFW guidelines (Staff Report on Burrowing #31..
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Owl Mitigation) to avoid and minimize impacts to Burrowing Owls. In conformance with federal and state regulations regarding the protection of raptors, a habitat assessment in accordance with CDFW guidelines for Burrowing Owls should be completed prior to the start of construction. Burrowing Owl habitat on the project site and within a 500-foot (150 m) buffer zone should be assessed. If the habitat assessment concludes that the site and immediate vicinity lack suitable Burrowing Owl habitat, no additional action would be warranted.

However, if suitable habitat is located on, or immediately adjacent to, the site, all Burrowing Owl habitat should be mapped at an appropriate scale, and the following mitigation measures should be implemented:
a. In conformance with federal and state regulations regarding the protection of raptors, a pre-construction survey for Burrowing Owls, in conformance with CDFW guidelines, should be completed no more than 30 days prior to the start of construction within suitable habitat.

Three additional surveys should also be completed per CDFW guidelines prior to construction.
b. No Burrowing Owls will be evicted from burrows during the nesting season (February 1 through August 31). Eviction outside the nesting season may be permitted pending evaluation of eviction plans and receipt of formal written approval from the CDFW authorizing the eviction.
c. A 250-foot (76 m) buffer, within which no new activity will be permissible, will be maintained between project activities and nesting Burrowing Owls during the nesting season. This protected area will remain in effect until August 31, or at the CDFW’s discretion and based upon monitoring evidence, until the young owls are foraging independently.
d. If accidental take (disturbance, injury, or death of owls) occurs, the CDFW will be notified immediately.

65.Biological Resources (Tivoli FEIR Mitigation Measure H.6b):

Habitat Management (HM) lands comprising existing Burrowing Owl foraging and breeding habitat should be acquired and preserved. An area of 6.5 acres (2.6 ha) (the amount of land found to be necessary to sustain a pair or individual owl) should be secured for each pair of owls, or individual in the case of an odd number of birds. As part of an agreement with the CDFW, the project applicant should secure the performance of its mitigation duties by providing the CDFW with security in the form of funds that would:
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a. Allow for the acquisition and/or preservation of 6.5 acres (2.6 ha) of HM lands;
b. Provide initial protection and enhancement activities on the HM lands, potentially including, but not limited to, such measures as fencing, trash clean-up, artificial burrow creation, grazing or mowing, and any habitat restoration deemed necessary by CDFW;
c. Establish an endowment for the long-term management of the HM lands; and
d. Reimburse the CDFW for reasonable expenses incurred as a result of the approval and implementation of this agreement.

66.Hydrology and Water Quality (Tivoli FEIR Mitigation Measure I.1): The project proponent shall prepare a SWPPP for each development project under the Specific Plan (or one master SWPPP for all development) designed to reduce potential impacts to surface water quality through the construction period of all of the project components (whether or not the particular portion of the project disturbs more than one acre). The SWPPP shall emphasize measures designed to minimize erosion and off-site sedimentation. It is not required that the SWPPP be submitted to the RWQCB, but must be maintained on-site and made available to RWQCB staff upon request. The SWPPP shall include:
a. Specific and detailed BMPs designed to mitigate construction-related pollutants. At minimum, BMPs shall include practices to minimize the contact of construction materials, equipment, and maintenance supplies (e.g., fuels, lubricants, paints, solvents, adhesives) with storm water. The SWPPP shall specify properly designed, centralized storage areas that keep these materials out of the rain. b. An important component of the storm water quality protection effort is knowledge of the site supervisors and workers. To educate on-site personnel and maintain awareness of the importance of storm water quality protection, site supervisors shall conduct regular tailgate meetings to discuss pollution prevention. The frequency of the meetings and required personnel attendance list shall be specified in the SWPPP.
c. The City staff shall review and approve project SWPPP prior to developer obtaining a Grading and Building Permit. Project SWPPP shall include and adequately address all elements in the State General Construction Permit (Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction Activity, State Water Resources Control Board Order Number 99-08-DWQ).
d. BMPs designed to reduce erosion of exposed soil may include, but are not limited to, soil stabilization controls, watering for dust control, perimeter silt fences, placement of hay bales, and sediment basins. #31..
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The potential for erosion is generally increased if grading is performed during the rainy season as disturbed soil can be exposed to rainfall and storm runoff. If grading must be conducted during the rainy season, the primary BMPs selected shall focus on erosion control; that is, keeping sediment on the site. End-of-pipe sediment control measures (e.g., basins and traps) shall be used only as secondary measures. Entry and egress from the excavation area shall be carefully controlled to minimize off-site tracking of sediment. Vehicle and equipment wash-down facilities shall be designed to be accessible and functional during both dry and wet conditions.

67.Hydrology and Water Quality (Tivoli FEIR Mitigation Measure I.2): The City shall ensure that development under the proposed project meets all the requirements of the current Municipal NPDES Permit (NPDES Permit No. R5-2002-0132 as amended by Order No. R5-2003-0182) for operation-phase water quality treatment. The drainage plan for each proposed development under the Specific Plan shall include features and operational BMPs to reduce potential impacts to surface water quality associated with operation of the project. The final design shall include measures designed to mitigate potential water quality degradation of runoff from all portions of the completed development.

In general, “passive,” low-maintenance BMPs (e.g., grassy swales, porous pavements) are preferred over active filtering or treatment systems. An operations and maintenance plan shall be developed and implemented to inspect and maintain BMPs in perpetuity.

During the Construction Phase:
a. Erosion control BMPs may include preservation of existing vegetation, use of hydraulic mulch, hydroseeding, soil binders, earth dikes and drainage swales, velocity dissipation devices and implementation of channel bank stabilization techniques;
b. Temporary sediment control BMPs may include use of silt fences, sediment traps, sediment basins, check dams, fiber rolls, and drainage inlet protection;
During the Operation Phase:
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c. Permanent operation-phase BMPs may include: minimization of directly connected impervious surfaces, use of permeable pavements or unit pavers, grassy bioswales, stormwater planters, covering of refuse handling areas, stenciling drainage inlets, wet ponds, and detention basins.

At a minimum, runoff from all components of the project shall receive some level of treatment prior to discharging to the detention basins.

Runoff would then be detained in the basins prior to being pumped into the Modesto Irrigation District’s canal.

68.Hydrology and Water Quality (Tivoli FEIR Mitigation Measure I.3b): As a condition of approval of the final grading and drainage plans for all projects proposed within the plan area it must be demonstrated through detailed hydraulic analysis that implementation of the proposed drainage plans will:
a. Include adequately sized detention facilities to accommodate anticipated runoff associated with the 100-year storm event. A licensed professional engineer shall prepare the final drainage plan for the project and plans must be submitted to the City of Modesto Public Works for review and approval.
b. Include drainage components that are designed in compliance with City of Modesto standards. The grading and drainage plans shall be reviewed for compliance with these requirements by the Department of Public Works; and
c. Establish a funding mechanism for maintenance and annual inspections of the detention basin, drainage ditches, and drainage inlets. Any accumulation of sediment or other debris shall be promptly removed. An annual report documenting the inspection and any remedial action conducted shall be submitted to the City of Modesto Public Works Department for review.

69.Developer shall comply with Tivoli FEIR Mitigation Measure I.4, Hydrology and Water Quality, to the satisfaction of the City Engineer or designee.

70.Hydrology and Water Quality (Tivoli FEIR Mitigation Measure I.8):

Prior to approval of a grading plan for development of a particular parcel of the Specific Plan area, a well survey shall be conducted to determine the location and characteristics of each well for that particular parcel. (See pp. IV. I.18-IV.I.19 for more detail.)

71.Geology, Soils and Seismicity (Tivoli FEIR Mitigation Measure J.1): In locations underlain by expansive soils and/or non-engineered fill, the designers of foundations and improvements (including sidewalks, roads, and utilities) shall consider these conditions. (See p. IV.J.7 for more detail.)
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72.Geology, Soils and Seismicity (Tivoli FEIR Mitigation Measure J.2):

73. Prior to the commencement of improvements to the Right of Way at the intersection of Oakdale and Claratina Avenue, or any road modifications where they intersect with SFPUC ROW, applicant must submit to Hetch Hetchy Water and Power (HHWP), a HHWP Project Review and Land Use Application and obtain written authorization from SFPUC for any proposed crossing, use of, reclassification, rezoning or work on CCSF-owned land. Contact [email protected]
BE IT FURTHER RESOLVED that the conditions of project approval set forth herein include certain fees, dedication requirements, reservations requirements, and other exactions, and that pursuant to Government Code Section 66020(d)(1), these conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions.

BE IT FURTHER RESOLVED that the applicant is hereby further notified that the ninety (90) days approval period in which a protest of these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a) can be filed, begins on April 7, 2026, and that if a protest is not filed within this ninety (90)-day period complying with all of the requirements of #31..
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Section 66020, the applicant will be legally barred from later challenging such exactions.

BE IT FURTHER RESOLVED by the City Council of the City of Modesto that it hereby approves the Vesting Tentative Subdivision Map for Tivoli Alves, as described in Exhibit “A,” attached hereto and incorporated herein by reference. #31..
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The foregoing resolution was introduced at the regular meeting of the City Council of the City of Modesto held on the 7th day of April, 2026, by , who moved its adoption, which motion being duly seconded by , was upon roll call carried and the resolution carried by the following vote:

Ayes:

Noes:

Absent:

Recused:

ATTEST:

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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FUTURE CLARATINA AVENUE LOT D PARK STREET N STREET A COURT L STREET M

STREET H

COURT P

STREET K MABLE AVENUE PARK/BASIN

STREET J

COURT O
APN: 083-003-003
APN: 083-003-015 APN: 083-003-016 13 55 30 103 108 2120191817161514 9121110
7 8
6 22 27 28 29 31 32 33 34 35 36 115 116 125 128 136 137 132 131 133 102 98 105 101 106 107 100 111 99 95 109 97 110 113 96 94 112 66 64 65 68 67 63 6962 7061 7160 130 119 118 58 59 3 124 38 23 24 25 26 86 87 88 89 90 91 92 93 787784 57 8281807976 135 134 141 140 139 138 5 4
1 75 74 73 72 104 50 54 52 51 48 85 53 49 56 83 STREET F 114 37 120 2 4743464544414240 129 121 126 127 122 123 11739
0 30 60 120 SCALE: 1" = 60' SUBDIVIDER'S STATEMENT CONTACT INFORMATION VICINITY MAP SITE F: 888.937.5150
Westwood Professional Services, Inc.
westwoodSs.coP
1165 SCENIC DRIVE, SUITE A
MODESTO, CA 95350
T: 209.571.1765
Drawing: N:\_ODE\Modesto\43390 Tivoli-Alves Parcel\Planning\Exhibits\EXH-Tivoli Alves VTM Parcels-43390.dwg Plot Date/Time: 9/29/2025 12:47 PM Last Saved by: EAHamed TIVOLI - ALVES 0056705.00
MODESTO, CALIFORNIA PLAN 2025-00030, OCC. NO. 04818
4 VESTING TENTATIVE MAP MABLE AVE

OAKDALE RD

ARIA WAY

ROSELLE AVE SYLVAN AVE
1 CLARATINA AVE #31..
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106.00
107.00
107.00
107.00
107.00
107.00
107.00
108.00
108.00
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108.00
108.00 108.00
109.00
109.00
109.00
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109.00
109.00
109.00 FUTURE CLARATINA AVENUE LOT D PARK STREET N STREET A COURT L STREET M

STREET H

COURT P
STREET K MABLE AVENUE 119 126 122 123124 128 127 125 112 95 111 97 96 109 110 98 108 99 107 101 100 105 106 102 104 103 135 132 134131 130 136 141 140 139 138 137 115 116117 118 120 121 114 129 133 113 94 816
1 917
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715 58 59 55 54 53 52 51 50 49 65 74 73 72 71 70 69 86 87 88 89 90 91 92 93 57 7585 56 787784768382818079 64 68 67 60 61 62 63 23 24 25 26 37 45 29 38 46 31 3947 32 40 33 41 34 42 35 43 36 44 27 28 30 PARK/BASIN

STREET J

COURT O
APN: 083-003-003
APN: 083-003-015 APN: 083-003-016 4866 STREET F TYPICAL INTERIOR STREET SECTION STREET K SECTION N.T.S. LEGEND F: 888.937.5150
Westwood Professional Services, Inc.
westwoodSs.coP
1165 SCENIC DRIVE, SUITE A
MODESTO, CA 95350
T: 209.571.1765
Drawing: N:\_ODE\Modesto\43390 Tivoli-Alves Parcel\Planning\Exhibits\EXH-Tivoli Alves VTM Parcels-43390.dwg Plot Date/Time: 9/29/2025 12:47 PM Last Saved by: EAHamed TIVOLI - ALVES 0056705.00
MODESTO, CALIFORNIA PLAN 2025-00030, OCC. NO. 04818
4 MABLE AVENUE SECTION N.T.S. N.T.S.

PRELIMINARY GRADING PLAN
2 0 30 60 120 SCALE: 1" = 60' FUTURE CLARATINA AVENUE N.T.S.

A CORNER DETAIL WITH FIRE TRUCK AUTO-TURN TRACKS #31..
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STREETJ 119 126 122 123124 128 127 125 112 95 111 97 96 109 110 98 108 99 107 101 100 105 106 102 104 103 135 132 134131 130 136 141 140 139 138 137 115 116117 118 120 121 114 129 133 113 94 816
1 917
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715 58 59 55 54 53 52 51 50 49 65 74 73 72 71 70 69 86 87 88 89 90 91 92 93 57 7585 56 787784768382818079 64 68 67 60 61 62 63 23 24 25 26 37 45 29 38 46 31 3947 32 40 33 41 34 42 35 43 36 44 27 28 30 FUTURE CLARATINA AVENUE LOT D PARK

COURT O

COURT P

STREET K MABLE AVENUE PARK/BASIN
APN: 083-003-003
APN: 083-003-015 APN: 083-003-016 STREET A COURT L STREET N STREET M STREET H 4866 STREET F LEGEND
F: 888.937.5150
Westwood Professional Services, Inc.
westwoodSs.coP
1165 SCENIC DRIVE, SUITE A
MODESTO, CA 95350
T: 209.571.1765
Drawing: N:\_ODE\Modesto\43390 Tivoli-Alves Parcel\Planning\Exhibits\EXH-Tivoli Alves VTM Parcels-43390.dwg Plot Date/Time: 9/29/2025 12:47 PM Last Saved by: EAHamed TIVOLI - ALVES 0056705.00
MODESTO, CALIFORNIA PLAN 2025-00030, OCC. NO. 04818
4 PRELIMINARY UTILITY PLAN
3 0 30 60 120 SCALE: 1" = 60' NOTE:

A ROUNDABOUT DETAIL #31..
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OVERALL UTILITY PLAN FUTURE CLARATINA AVENUE

OAKDALE ROAD MABLE AVENUE BRIDGEWOOD WAY

ARIA WAY
ARIA WAY PARK/BASIN SCHOOL COMMERCIAL NOTE: 4 PLAN 2025-00031, OCC. NO. 04816 PROPOSED RESIDENTIAL FUTURE RESIDENTIAL EXISTING RESIDENTIAL CITY WATER TANK SITE EXISTING RESIDENTIAL PROPOSED RESIDENTIAL UNDER CONSTRUCTION F: 888.937.5150
Westwood Professional Services, Inc.
westwoodSs.coP
1165 SCENIC DRIVE, SUITE A
MODESTO, CA 95350
T: 209.571.1765
Drawing: N:\_ODE\Modesto\43390 Tivoli-Alves Parcel\Planning\Exhibits\EXH-Tivoli Alves VTM Utilities-43390.dwg Plot Date/Time: 9/29/2025 12:47 PM Last Saved by: EAHamed TIVOLI - ALVES 0056705.00
MODESTO, CALIFORNIA PLAN 2025-00030, OCC. NO. 04818 4 FUTURE RESIDENTIAL #31.. - 1896 -
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MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX

RESOLUTION APPROVING THE VESTING TENTATIVE SUBDIVISION MAP

OF TIVOLI PAREGIAN
WHEREAS, on February 26, 2008, the City Council by Ordinance No. 3479-C.S. adopted the Tivoli Specific Plan; and
WHEREAS, the Tivoli Specific Plan is separated into nine Area Plans to provide for the orderly development of each area of the Specific Plan, with each Area Plan adopted by the Planning Commission in accordance to Chapter 9, Implementation, of the Specific Plan, or by City Council Resolution in certain situations; and
WHEREAS, Michael Zagaris has filed an application for a Vesting Tentative Subdivision Map, Tivoli Paregian, to divide 17.4 acres into 99 low density single-family residential lots (Phase 1) and 5.4 acres into 11 very low density single-family residential lots (Phase 2), as described in Exhibit “A,” attached hereto and incorporated herein by reference, all within Area Plan No. 1 of the Specific Plan, property located north of Mable Avenue and east of Oakdale Road; and
WHEREAS, said Vesting Tentative Subdivision Map was also received together with an application for the adoption of Area Plan No. 1 of the Tivoli Specific Plan (Project ID: AREA-25-003); and
WHEREAS, said Vesting Tentative Subdivision Map was also received together with an application for the adoption of a Final Development Plan (Project #31..
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ID: FDP-25-003), to provide for certain building setback and development standards as allowed by Chapter 9, Section 9.4.1.2 of the Specific Plan; and WHEREAS, said Vesting Tentative Map was received in the office of the Secretary of the Planning Commission on January 22, 2025, and was accepted for filing and deemed complete on December 29, 2025, in accordance with the provisions of Section 4-4.401 of the Modesto Municipal Code; and WHEREAS, copies of said vesting tentative map have been sent to the Sylvan Elementary School and Modesto High School Districts, Modesto Irrigation District, the local utility companies, and the City Engineering and Transportation Department; and
WHEREAS, City services, including sewer and water facilities, are available; and
WHEREAS, the area can be served by elementary schools in the Sylvan School District and by Fire Station No. 7 at 1800 Mable Avenue, located within one mile; and
WHEREAS, an Addendum to the Tivoli Final Environmental Impact Report (Tivoli FEIR), EA/C&ED 2026-03, was prepared pursuant to Section 15164 of the CEQA Guidelines, which concluded that the project is within the scope of the Tivoli Specific Plan Final EIR (SCH No. 2005072125) and that pursuant to Sections 15162 and 15164 of the CEQA Guidelines, no new environmental review is required; and
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WHEREAS, a public hearing was held by the Planning Commission on February 23, 2026, 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 Planning Commission by Resolution No. 2026-13 recommended to the City Council approval of the Vesting Tentative Subdivision Map of Tivoli Paregian, subject to the Conditions of Approval in said Resolution; and
WHEREAS, said matter was set for a public hearing of the City Council to be held on April 7, 2026 in Chambers of City Hall, located at 1010 Tenth Street, Modesto, California, at which date and time of said duly noticed public hearing was held.

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

1. There are no substantial changes proposed in the project that will require major revisions of the Tivoli Specific Plan Final EIR (SCH No. 2005072125).

3. No new information, which was not known and could not have been known at the time the Tivoli Specific Plan Final EIR was certified as complete, has become available.

4. The Addendum to the Tivoli Final EIR EA/C&ED 2026-03, and all other evidence in the record, provides the substantial evidence to support findings 1-3, noted above.
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5. The City Council has considered the Addendum to the Tivoli Final EIR EA/C&ED 2026-03 in making this approval and finds that the Addendum reflects the City Council’s independent judgment.

BE IT FURTHER RESOLVED by the City Council of the City of Modesto that:

BE IT FURTHER RESOLVED by the City Council of the City of Modesto that the Vesting Tentative Subdivision Map of Tivoli Paregian, accepted for filing in the office of the Secretary of the Planning Commission on December 29, 2025, be approved as submitted and subject to the following conditions:

1. Prior to recordation of a Final Map, new street names for Streets A through F shall be proposed and approved by both the City and the County.

Land Development Engineering:

2. Prior to recordation of a Final Map, project applicant shall produce improvement plans for required improvements prepared by a Registered Civil Engineer according to City standards and the Tivoli Specific Plan. Improvement plans shall be submitted for approval by the City Engineer or designee.

3. Project applicant shall ensure that any public improvements that are missing damaged or not to current City standards shall be designed and constructed per City standards in accordance with City Code (Article 7-1.701) and the Tivoli Specific Plan. Such improvements may include, but not be limited to curb & gutter, drive approach, sidewalk, ADA access ramps, fire hydrants and streetlights. All public #31..
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improvement plans shall be designed by a Registered Engineer, reviewed and approved by the City Engineer prior to issuance of an Encroachment permit.

4. Project applicant shall ensure that all existing underground and aboveground utilities, irrigation, and electrical lines shall be protected, relocated, or removed as require by the City Engineer or designee.

5. The project applicant shall ensure that the proposed development is designed to function independently, with complete and operational pedestrian and vehicular circulation, utility infrastructure, and all other required improvements, in accordance with the Tivoli Specific Plan and applicable City Standards. Each tentative map or development phase must be capable of operating independently without reliance on the buildout of adjacent or future projects. Final design shall be subject to review and approval by the City Engineer.

Paregian Project Specific Conditions:

6. Both roundabouts will be designed with the Alves Tivoli Vesting Tentative Subdivision Map and Street K and M will be installed with Alves as well. In the event Paregian moves forward prior to Alves, all of the Alves conditions would be applied to Paregian.

7. If required to provide adequate circulation, the developer shall acquire all necessary right-of-way and/or easements and design and construct street, utility, and pedestrian improvements to ensure the subdivision has adequate vehicular and pedestrian access to Oakdale Road or Sylvan Avenue, subject to review and approval by the City Engineer.

8. With the development of the Phase 2 large lots along Mable Avenue, or the expiry of the Approved Vesting Tentative Map (2 years), whichever is first, the developer shall reconstruct Mable Avenue to include curb and gutter and drive approaches along the south side to facilitate stormwater capture, as approved by the City Engineer. The project applicant shall also provide water and sewer lateral stubs for the existing ranchette properties located on the southerly side of Mable Avenue to accommodate future service connections.

9. As part of the Paregian Phase 1 improvement plans,  the developer shall be responsible for the design of the full roadway improvements consistent with the Tivoli Specific Plan for Mable Avenue from Oakdale Road on the west to project limits on the east, subject to review and approval of the City Engineer.

10. As part of the Paregian Phase 1 improvement plans, the developer shall design and construct a one-tenth of a foot (0.1') Asphalt Concrete (AC) pavement overlay for length of the Mable Avenue, #31..
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from Oakdale Road on the west to the project limits on the east, subject to review and approval of the City Engineer.  The AC pavement for Mable shall be constructed with the Paregian Phase 1 improvements.

11. The project applicant shall design and install a CMU wall along the and Claratina Avenue frontages in accordance with the Tivoli Specific Plan.

12. The project applicant shall provide a 10-foot Public Utilities Easement (PUE) and a 10-foot Planting Easement (PE) on each side of the proposed public right-of-way, unless otherwise approved by the City Engineer.

13. In the event that the adjacent subdivision to the east (Alves) has not commenced construction, the developer of this project shall be responsible for acquiring any required right-of-way and/or easements, and for the design and construction of full improvements necessary to serve both this subdivision and the adjacent subdivision, as conditioned and determined by the City Engineer.

14. The developer shall design and construct full frontage improvements adjacent to the project site along Claratina Avenue for the two southernmost lanes of travel, including, but not limited to, paseo improvements, landscaping, travel lanes, and decorative street lighting.

15. Any temporary or interim improvements installed by the developer shall not be eligible for reimbursement, as such improvements may be required to be removed to accommodate ultimate improvements.

16. The proposed temporary gate shall be subject to approval by the Fire Marshal and City Engineer and shall be designed and installed to provide fire apparatus turnaround capability in both directions, be equipped with Knox keys or other approved emergency access devices, and be maintained in good working condition by the developer. The developer shall be responsible for the operation, maintenance, and repair of the temporary gate until it is removed or replaced with permanent improvements approved by the City. Berms or ditches shall be installed prior to the commencement of construction activities to prevent vehicles from bypassing the gate and shall remain in place and maintained for the duration of construction, as approved by the City Engineer.

Land Development Engineering, Water:

17. Project applicant shall construct Water lines per the Facilities Master Plan (FMP), including 16-inch water lines and smaller parallel distribution water lines, as per the FMP and Tivoli Specific Plan. All applicable water connection fees shall be paid, and an encroachment #31..
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permit obtained from the City prior to any connection being made in the City’s public Right-of-Way.

18. Water main shall be installed at the property frontage of Claratina Avenue to install Fire Hydrants as per City standards.

Land Development Engineering, Sewer:

19. Project applicant shall construct Sewer lines as per the Facilities Master Plan (FMP) and the Tivoli Specific Plan. Design and installation shall consider the commercial development to the west of this subdivision. Plans and calculations shall be submitted for review.

All applicable sewer connection fees shall be paid, and an encroachment permit obtained from the City prior to any connection being made in the City’s public Right-of-Way.

Land Development Engineering, Storm Drain:

20. The project applicant shall be required to design and construct storm drainage improvements that direct stormwater runoff to the central park basin, as identified in the Tivoli Specific Plan. In addition, the applicant may be required to excavate and remove soil within the basin area to create adequate stormwater storage capacity, subject to review and approval by the City Engineer. To the extent feasible, basin improvements shall accommodate the ultimate basin design, as necessary to support the overall functionality of the basin.

21. Project applicant shall provide plans and calculations for storm water basin(s) and storm water management per City Standards to serve this development and provisions for buildout of the Tivoli Specific Plan. Volume and water quality requirements must be met per City Standards and the 2011 Modesto Stormwater Guidance Manual. The developer shall provide storm drainage calculations for the proposed conveyance system all the way to the proposed storm drainage basin including off-site flows that will convey through the proposed subdivision.

22. Project applicant shall provide plans and calculations to ensure that the downstream basin is sized adequately to take in the additional stormwater runoff from the project. Expansion of the basin will be required depending on the submitted calculations or as determined by the City Engineer.

23. Prior to the issuance of a Grading, Demolition, or Building Permit, Project applicant shall prepare and submit a Water Pollution Control Plan (WPCP) or Local SWPPP to Land Development Engineering, Stormwater for review. The WPCP or Local SWPPP shall include a description of all erosion, sediment, and pollution control BMPs to be used at the construction or demolition site to prevent sediment and #31..
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other sources of pollution from entering the City storm drain system as well as a site plan showing their placement.

24. Project applicant shall obtain coverage under the General Permit for Discharges of Stormwater associated with Construction Activity disturbing one (1) or more acres of soil.

25. The proposed project includes residential development of greater than 10 units and is therefore considered a Priority Project.

26. Prior to the issuance of a Grading, Demolition, or Building Permit, Project applicant shall submit improvement plans conforming to design requirements of the most current edition of the City of Modesto Guidance Manual for Development, Stormwater Quality Control Measures and the City of Modesto Municipal Code.

27. The conditions of approval specific to utilities, pedestrian, vehicular, and emergency vehicle access were created based on the currently approved tentative maps in the Tivoli Specific plan to ensure safe and fully accessible paths of travel and utility service to meet City Standards. As such, the timing of the respective developments in Tivoli is unknown, therefore the implementation of the timing and order of the construction of the improvements may be adjusted by the City Engineer to facilitate the orderly development of the area to meet the accessibility and access requirements.

Parks Planning and Development:

28. Applicant shall submit Landscape and Irrigation (L&I) plans for review and approval by the City’s Parks Planning and Development (PPD) Division. L&I plans shall meet the current State of California Model Water Efficient Landscape Ordinance (MWELO) requirements, Modesto Municipal Code (MMC) requirements and City of Modesto Standards at the time of submittal.

29. Applicant shall install a separate water meter for public landscape areas.

30. Applicant shall install street trees every thirty-five to forty feet on center (35-feet to 40-feet, OC) along all proposed streets.

31. Applicant shall install one (1) street tree per residential lot unless on a corner lot which requires street trees every thirty-five to forty feet on center (35-feet to 40-feet, OC) of the parcel’s length.

32. Applicant shall install climbing vines on all masonry walls, in a landscape planter, visible to public view to discourage tagging.

33. Applicant shall provide signage with appropriate landscaping for Clear Vision Triangles at entrances. Within the triangle, the area between three (3) and eight (8) feet in height measured from top of curb adjacent to landscape shall be clear.
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34. Low Impact Development (LID) control and treatment measures shall be planted with vegetation for erosion protection and sediment entrapment to collect/treat storm water run-off before entering the storm drain system. Storm drainage basins shall be appropriately landscaped and irrigated to address the specific type of storm water control measure. Provide total square feet of the landscape area in project information.

Infrastructure Finance:

35. Requirement to provide perpetual funding for required City services and maintenance:
a. Prior to recordation of a Final Map for any residential project involving the subdivision of land into single family parcels or issuance of a building permit for any other project, the applicant shall provide for perpetual funding to cover the full cost of the following services provided to the proposed development:
i. Maintenance and lighting of parks, parkways, streets and roads; ii. Open space services, and flood and storm protection services, including the operation and maintenance of storm drainage systems;
iii. Perpetual funding to cover the full cost of maintenance and operation of any public improvements or other tangible property owned by the City with an estimated useful life of five or more years constructed as part of the proposed development.

36. The perpetual funding can be provided in the following manner:
a. Community Facilities District (CFD): Applicant shall annex the development into the existing City of Modesto Community Facilities District 2024-1 (Tivoli) in compliance with the requirements of the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) including, without limitation, affirmative votes, and the recordation of a Notice of Special Tax Lien. Applicant shall be responsible for all costs associated with the CFD proceedings.

37. A One-Time Facilities Special Tax shall be collected prior to certificate of occupancy issuance for any new construction on taxable property within the CFD. The estimated One-Time Facilities Tax and Annual Maintenance Special Tax are listed below by parcel. #31..
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Per-Acre Maximum Taxes:
• Maximum One-Time Facilities Tax: $104,000.00
• Maximum Annual Maintenance Special Tax: $5,372.64
• Maximum Annual Facilities Special Tax: $10,465.20
Per the Rate and Method of Apportionment (RMA) each fiscal year on July 1st, the escalation factor is placed on the CFD Taxes.

Annual Facilities Special Tax shall escalate each year by twopercent (2%). One-Time Tax Special Tax and Annual Maintenance Special Tax shall escalate each year by the greater of the percentage increase, if any construction cost index for the San Francisco region for the prior 12 months as published in the Engineering News or comparable source, or four-percent (4%).

38. Below is a list of the fees associated with the Tivoli development, with information regarding the fee types:
a. Public Land Equalization Fee (LEFP): the LEFP is allocated equally among the parcels based on their net acreage, and is based on the infrastructure required to provide to the community as fair share of “volunteered” contribution for the benefit and privilege of developing a piece of property within Tivoli. The LEFP shall be collected prior to Final Map recordation. The current LEFP will be $897,609.01 based on the gross developable acreage for this project. This fee is subject to annual adjustments based on a three-year average of appraised fair market value.

b. Specific Plan Reimbursement Fee: The Tivoli Specific Plan Reimbursement Fee was approved by City Council Resolution No. 2019-196 on April 23, 2019, to reimburse for the cost of preparation, adoption and administration of the Tivoli Specific Plan. This fee will be due prior to building permit issuance and is currently $107,413.49 for this project.

39. Capital Facilities Fees (CFF) will be due and payable at the time a building permit is issued. CFF are impact fees established to mitigate the impacts of new development as outlined in Section 66000 of the California Government Code. The CFF for the 110 residential lots is calculated at the Single-Family Rate in effect at the time of building permit issuance.

Modesto Irrigation District (MID):

40. Improvement plans and maps must be submitted to Modesto Irrigation District’s Civil Engineering Department for review.

41. All existing cast-in-place (CIP) pipe/culvert, corrugated metal pipe (CMP), polyvinyl chloride pipe (PVC) pipeline, disturbed pipeline, and appurtenant facilities that lie within the project limits must be replaced #31..
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with rubber gasketed reinforced concrete pipe (RGRCP) that meets AASHTO requirements for HS20-44 traffic loading conditions:
a. Class IV RGRCP is required under all roads and must extend a minimum of 10’ each way beyond the drive path in any new development or improvement.
b. Type III RGRCP is required under any other location, unless otherwise required by MID representative.
c. The pipeline shall be installed with a minimum of 30” of cover from pipe bell to final grade. If 30” of cover cannot be achieved, Class IV RGRCP will be required with a cover no less than 24” from the pipe bell to final grade.
d. Ground disturbing activities at or within ten (10) feet of the existing pipeline will also require the replacement of the existing pipeline.

42. Irrigation to the landowners and neighboring landowners via the private irrigation facilities within the subject parcels must be maintained. If it is determined that the existing privately-owned infrastructure will be affected by the proposed project, MID requires consulting with downstream landowners to ensure their rights to water is maintained and discuss potential improvement plans for review and approval. MID will act as a liaison for privately-owned facilities but both MID and the landowner(s) must approve the plans.

43. All privately-owned facilities that will be improved, or have their alignment changed or relocated must be protected by an easement dedicated by separate instrument to the downstream landowner(s) that are served by the existing private infrastructure and the easement must be shown on the subdivision map.

44. There may be additional existing privately-owned infrastructure not recorded by MID. If it is determined that any of the existing infrastructure will be affected by the proposed project, the project proponent must consult with the affected property owners and MID to discus potential improvement plans for review and approval.

45. All abandoned-in-place irrigation facilities shall be removed within a development parcel. Abandoned pipeline facilities must be saw cut and plugged per MID irrigation standard construction detail C 55 a minimum of five (5) feet beyond the development parcel within the adjacent parcel.

46. All existing pipeline infrastructure that will no longer be used due to the project shall be removed entirely and properly disposed of off-site at the project proponent’s expense. Abandoning existing pipeline infrastructure in place is not allowed.
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47. MID easements for protection of overhead and underground electrical facilities are required. MID overhead secondary cable shall be protected by a minimum 20’ wide easement centered on the overhead cable. Overhead primary cable shall be protected by a minimum 30’ wide easement centered on the overhead cable. MID underground secondary cable shall be protected by a minimum 5 foot. wide easement centered on the underground cable. MID underground primary cable shall be protected by a minimum 10 foot. wide easement centered on the underground cable. When
underground cable is not located in the Road Right of Way or within the PUE along the street frontage a MID easement is required to protect the existing underground electrical facilities and maintain necessary safety clearances.

General Conditions:

48. All fire hydrants and fire apparatus access roads meeting the requirement for “all weather” will need to be installed prior to combustible construction materials being brought into the site.

49. Developer shall install fire hydrants along all streets in the subdivision in accordance to City Standards and to the satisfaction of the Fire Marshall and City Engineer or designees.

50. Future home buyers and prospective residents of the Tivoli Specific Plan shall be provided disclosure that they are subject to noise, dust, odor and other impacts from adjacent agricultural operations. Such notice shall be placed on the Final Map at recordation.

51. Prior to Certificate of Occupancy of any structure, fences and walls shall be installed in accordance to the design standards of the Tivoli Specific Plan, Section 5.7, Community Wide Walls and Fencing Guidelines and Standards.

52. Prior to start of construction, all-weather, hard-surfaced roadways shall be constructed and maintained free of obstructions at all times during construction as required by Director of Community and Economic Development.

53. At the time of issuance of a building permit, the developer shall pay development impact fees at the established rate. Such fees may include but are not limited to, sewer and water connection fees, community facility fees, building permit and plan check fees.

54. All department Conditions of Approval for the project shall be included with building plans and shall be continuously maintained onsite during project construction to the satisfaction of the Chief Building Official.

55. All existing underground and aboveground utilities, irrigation, and electrical lines shall be protected, relocated or removed as required by the utility companies and the City Engineer or designee. #31..
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Easements for utilities, irrigation and electrical lines to remain shall be reserved as required.

56. All landscaping, fences, and walls shall be maintained and the premises shall be kept free of weeds, trash, and other debris.

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

The following conditions are mitigation measures from the Tivoli Final EIR and EIR Addendum that are applicable to the project:

58. Air Quality (Tivoli FEIR Mitigation Measure E.1): The construction plans for each group of building permits shall incorporate the following recommendations from the San Joaquin Valley Air Pollution Control District to minimize emissions during construction phases:
a. The project developers shall review Regulation VIII of the San Joaquin Valley Air Pollution Control District regulations and submit a compliance plan to the City of Modesto prior to commencing any phase of construction. The compliance plan must demonstrate that the current requirements of Regulation VIII will be implemented. Compliance plan shall be submitted to and approved by the Community and Economic Development
Department prior to the issuance of a grading or building permit, whichever occurs first.
b. Prior to the issuance of construction contracts, the project developers shall perform a review of new technology, as it relates to heavy-duty equipment, to determine what, if any, advances in emissions reduction are available for use. It is anticipated that in the near future both NOx and PM10 control equipment will be available. The San Joaquin Valley Air Pollution Control District should be consulted during this process. The Project Developers shall incorporate available new technology in construction contracts.
c. The project developers shall limit traffic speed on unpaved roads to 15 miles per hour.
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d. The project developers shall install sandbags or other control measures to prevent silt runoff to public roadways from sites with a slope greater than 1 percent.
e. The project developers shall install wheel washers for all exiting trucks, or wash off all trucks and equipment leaving the site, to prevent track-out of soil to public roadways.
f. The project developers shall install windbreaks at windward sides of construction areas, if necessary to prevent wind-blown dust.

Windbreaks shall be installed by the Project Developers prior to the issuance of grading or building permit, whichever occurs first. g. The project developers shall suspend excavation and grading activity when winds exceed 20 miles per hour.
h. Wind speed measuring devices shall be installed by the Project Developers prior to the issuance of grading or building permit, whichever occurs first.
i. The project developers shall limit the area subject to excavation, grading, and other construction activity at any one time. j. The project developers shall ensure that the accumulation of mud or dirt is expeditiously removed from adjacent public streets at least once every 24 hours when construction activities are occurring (the use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions). Project Developer shall provide a daily street sweeping schedule prior to the issuance of grading or building permit, whichever occurs first.
k. The project developers shall use alternative-fuel construction equipment, where feasible. Project Developer shall provide a list of any alternative equipment prior to the issuance of grading or building permit, whichever occurs first.
l. The project developers shall minimize idling time (e.g., to a 10- minute maximum).
m. The project developers shall limit the hours of operation of heavyduty equipment and/or the amount of equipment in use to the minimum practical.
n. The project developers shall replace fossil-fueled equipment with electrically driven equivalents (provided they are not run via a portable generator set), where feasible.
o. The project developers shall take steps to curtail construction activity during periods of high ambient pollutant concentrations; this may include reducing construction activity during the peak hour of vehicular traffic on adjacent roadways or ceasing #31..
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construction activity during days declared as Spare the Air days by the San Joaquin Valley Air Pollution Control District. p. The project developers shall implement activity management to reduce cumulative short-term impacts. Activity management plan shall be submitted to and approved prior to the issuance of a grading or building permit, whichever occurs first.

59. Air Quality (Tivoli FEIR Mitigation Measure E.2c): The site design shall fulfill the following requirements to reduce emissions from energy consumption:
a. The project developers shall incorporate energy efficient building design features including automated control systems for heating and air conditioning and overall energy efficiency at least 10 percent beyond the requirements of the California Energy Code (Title 24, California Code of Regulations), using features such as increased wall and ceiling insulation beyond Energy Code requirements, light colored roof materials to reflect heat, and energy efficient lighting and lighting controls. Prior to building permit issuance of each project, construction plans shall show that all energy efficient measures are included.
b. The project developers shall design buildings with windows and/or skylights oriented to maximize natural cooling and heating in accordance with the California Energy Commission’s 2005 Building Energy Efficiency Standards.
c. The project developers shall incorporate approved deciduous trees to provide shade on the south and west-facing sides of buildings. Prior to building permit issuance of each project, landscape plans shall be approved.

60. Noise (Tivoli FEIR Mitigation Measure F.2a): Design and implement new barriers for noise control at exterior locations of proposed residential development adjacent to major roadways. Prior to building permit issuance of each project, construction plans shall show all noise control features are included. The noise control features shall be installed prior to certificate of occupancy.

61. Hazards (Tivoli FEIR Mitigation Measure G.2): Conduct Phase I Environmental Site Assessments prior to issuance of grading or building permit, whichever occurs first. Remediation shall be implemented prior to issuance of grading or building permit or as determined by the Phase I ESA.

62. Biological Resources (Tivoli FEIR Mitigation Measure H.4): Applicant shall conduct pre-construction surveys to avoid nest disturbance. (See pp. IV.H.15-IV.H.16 for more detail.)

63. Biological Resources (Tivoli FEIR Mitigation Measure H.5):

Compensation for loss of foraging habitat. The entire Tivoli project #31..
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could result in the loss of up to 297.5 acres of foraging habitat for Swainson’s Hawks. The Project Biologist will determine the actual acreage of suitable foraging habitat related to the development of the Arcadia property, and that loss shall be mitigated by providing offsite Habitat Management (HM) lands as described in the CDFG’s Staff Report regarding Mitigation for Impacts to Swainson’s Hawks (Buteo Swainson) in the Central Valley of California because the site was confirmed to be foraging habitat for Swainson’s Hawks through direct observation and is likely within ten miles of an active nest (used during one or more of the last five years).

The acreage of off-site management lands to be provided will depend on the distance between the project site and the nearest active nest site. The 1994 CDFG staff report states:
a. Projects within one mile of an active nest tree shall provide:
i. One acre of HM land (at least 10% of the HM land requirements shall be met by fee title acquisition or a conservation easement allowing for the active management of the habitat, with the remaining 90% of the HM lands protected by a conservation easement [acceptable to the Department] on agricultural lands or other suitable habitats that provide foraging habitat for Swainson’s Hawk) for each acre of development authorized (1:1 ratio); or One-half acre of HM land (all of the HM land requirements shall be met by fee title acquisition or a conservation easement [acceptable to the Department] which allows for the active management of the habitat for prey production on the HM lands) for each acre of development authorized (0.5:1 ratio).
ii. Projects within 5 miles of an active nest tree but greater than 1 mile from the nest tree shall provide 0.75 acres of HM land for each acre of urban development authorized (0.75:1 ratio). All HM lands protected under this requirement may be protected through fee title acquisition or conservation easement (acceptable to the department) on agricultural lands or other suitable habitats that provide foraging habitat for Swainson’s Hawks.
iii. Projects within 10 miles of an active nest tree but greater than 5 miles from an active nest tree shall provide 0.5 acres of HM land for each acre of urban development authorized (0.5:1 ratio). All HM lands protected under this requirement may be protected through fee title acquisition or conservation easement (acceptable to the Department) on agricultural lands or other suitable habitats that provide foraging habitat for Swainson’s Hawks.
iv. Management Authorization holders/project sponsors shall provide for the long-term management of the HM lands by funding a management endowment (the interest on which shall be used for #31..
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managing the HM lands) at the rate of $400 per HM acre. Current records within the California Natural Diversity Data Base (CNDDB) are more than five years old, so they alone cannot be used to confirm a mitigation ratio for the loss of approximately 38 acres of foraging habitat related to the Arcadia Properties Tivoli project. The CNDDB records do, however, provide guidance.

Even though the existing records along these rivers are more than five years old, active unpublished nests along these rivers within the last five years are nearly certain to have occurred. Therefore, this analysis assumes that active Swainson’s Hawks nests are present within ten miles of the project site.
v. Nest season surveys for Swainson’s Hawks should be conducted to confirm whether an active nest occurs within one of the closer zones. Assuming that nests are present within ten miles, however, reduces the area requiring nest-season surveys from 314.2 square miles to 78.5 square miles; the area within 5 miles of the project site.

64. Biological Resources (Tivoli FEIR Mitigation Measure H.6a):

Implementation of formal CDFW guidelines (Staff Report on Burrowing Owl Mitigation) to avoid and minimize impacts to Burrowing Owls. In conformance with federal and state regulations regarding the protection of raptors, a habitat assessment in accordance with CDFW guidelines for Burrowing Owls should be completed prior to the start of construction. Burrowing Owl habitat on the project site and within a 500-foot (150 m) buffer zone should be assessed. If the habitat assessment concludes that the site and immediate vicinity lack suitable Burrowing Owl habitat, no additional action would be warranted. However, if suitable habitat is located on, or immediately adjacent to, the site, all Burrowing Owl habitat should be mapped at an appropriate scale, and the following mitigation measures should be implemented:
a. In conformance with federal and state regulations regarding the protection of raptors, a pre-construction survey for Burrowing Owls, in conformance with CDFW guidelines, should be
completed no more than 30 days prior to the start of construction within suitable habitat. Three additional surveys should also be completed per CDFW guidelines prior to construction.
b. No Burrowing Owls will be evicted from burrows during the nesting season (February 1 through August 31). Eviction outside the nesting season may be permitted pending evaluation of #31..
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eviction plans and receipt of formal written approval from the CDFW authorizing the eviction.
c. A 250-foot (76 m) buffer, within which no new activity will be permissible, will be maintained between project activities and nesting Burrowing Owls during the nesting season. This
protected area will remain in effect until August 31, or at the CDFW’s discretion and based upon monitoring evidence, until the young owls are foraging independently.
d. If accidental take (disturbance, injury, or death of owls) occurs, the CDFW will be notified immediately.

65. Biological Resources (Tivoli FEIR Mitigation Measure H.6b):

Habitat Management (HM) lands comprising existing Burrowing Owl foraging and breeding habitat should be acquired and preserved. An area of 6.5 acres (2.6 ha) (the amount of land found to be necessary to sustain a pair or individual owl) should be secured for each pair of owls, or individual in the case of an odd number of birds. As part of an agreement with the CDFW, the project applicant should secure the performance of its mitigation duties by providing the CDFW with security in the form of funds that would:
a. Allow for the acquisition and/or preservation of 6.5 acres (2.6 ha) of HM lands;
b. Provide initial protection and enhancement activities on the HM lands, potentially including, but not limited to, such measures as fencing, trash clean-up, artificial burrow creation, grazing or mowing, and any habitat restoration deemed necessary by CDFW;
c. Establish an endowment for the long-term management of the HM lands; and
d. Reimburse the CDFW for reasonable expenses incurred as a result of the approval and implementation of this agreement.

66. Hydrology and Water Quality (Tivoli FEIR Mitigation Measure I.1):

The project proponent shall prepare a SWPPP for each development project under the Specific Plan (or one master SWPPP for all development) designed to reduce potential impacts to surface water quality through the construction period of all of the project components (whether or not the particular portion of the project disturbs more than one acre). The SWPPP shall emphasize measures designed to minimize erosion and off-site sedimentation. It is not required that the SWPPP be submitted to the RWQCB, but #31..
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must be maintained on-site and made available to RWQCB staff upon request. The SWPPP shall include:
a. Specific and detailed BMPs designed to mitigate constructionrelated pollutants. At minimum, BMPs shall include practices to minimize the contact of construction materials, equipment, and maintenance supplies (e.g., fuels, lubricants, paints, solvents, adhesives) with storm water. The SWPPP shall specify properly designed, centralized storage areas that keep these materials out of the rain.
b. An important component of the storm water quality protection effort is knowledge of the site supervisors and workers. To educate on-site personnel and maintain awareness of the importance of storm water quality protection, site supervisors shall conduct regular tailgate meetings to discuss pollution prevention.

The frequency of the meetings and required personnel
attendance list shall be specified in the SWPPP.
c. The City staff shall review and approve project SWPPP prior to developer obtaining a Grading and Building Permit. Project SWPPP shall include and adequately address all elements in the State General Construction Permit (Waste Discharge
Requirements for Discharges of Stormwater Runoff Associated with Construction Activity, State Water Resources Control Board Order Number 99-08-DWQ).
d. BMPs designed to reduce erosion of exposed soil may include, but are not limited to, soil stabilization controls, watering for dust control, perimeter silt fences, placement of hay bales, and sediment basins. The potential for erosion is generally increased if grading is performed during the rainy season as disturbed soil can be exposed to rainfall and storm runoff. If grading must be conducted during the rainy season, the primary BMPs selected shall focus on erosion control; that is, keeping sediment on the site. End-of-pipe sediment control measures (e.g., basins and traps) shall be used only as secondary measures. Entry and egress from the excavation area shall be carefully controlled to minimize off-site tracking of sediment. Vehicle and equipment wash-down facilities shall be designed to be accessible and functional during both dry and wet conditions.

67. Hydrology and Water Quality (Tivoli FEIR Mitigation Measure I.2):

The City shall ensure that development under the proposed project meets all the requirements of the current Municipal NPDES Permit (NPDES Permit No. R5-2002-0132 as amended by Order No. R5- 2003-0182) for operation-phase water quality treatment. The drainage plan for each proposed development under the Specific Plan shall include features and operational BMPs to reduce potential #31..
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impacts to surface water quality associated with operation of the project. The final design shall include measures designed to mitigate potential water quality degradation of runoff from all portions of the completed development. In general, “passive,” low-maintenance BMPs (e.g., grassy swales, porous pavements) are preferred over active filtering or treatment systems. An operations and maintenance plan shall be developed and implemented to inspect and maintain BMPs in perpetuity.

During the Construction Phase:
a. Erosion control BMPs may include preservation of existing vegetation, use of hydraulic mulch, hydroseeding, soil binders, earth dikes and drainage swales, velocity dissipation devices and implementation of channel bank stabilization techniques; b. Temporary sediment control BMPs may include use of silt fences, sediment traps, sediment basins, check dams, fiber rolls, and drainage inlet protection;
During the Operation Phase:
c. Permanent operation-phase BMPs may include: minimization of directly connected impervious surfaces, use of permeable pavements or unit pavers, grassy bioswales, stormwater planters, covering of refuse handling areas, stenciling drainage inlets, wet ponds, and detention basins.

At a minimum, runoff from all components of the project shall receive some level of treatment prior to discharging to the detention basins. Runoff would then be detained in the basins prior to being pumped into the Modesto Irrigation District’s canal.

68. Hydrology and Water Quality (Tivoli FEIR Mitigation Measure I.3b):

As a condition of approval of the final grading and drainage plans for all projects proposed within the plan area it must be demonstrated through detailed hydraulic analysis that implementation of the proposed drainage plans will:
a. Include adequately sized detention facilities to accommodate anticipated runoff associated with the 100-year storm event. A #31..
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licensed professional engineer shall prepare the final drainage plan for the project and plans must be submitted to the City of Modesto Public Works for review and approval.
b. Include drainage components that are designed in compliance with City of Modesto standards. The grading and drainage plans shall be reviewed for compliance with these requirements by the Department of Public Works; and
c. Establish a funding mechanism for maintenance and annual inspections of the detention basin, drainage ditches, and drainage inlets. Any accumulation of sediment or other debris shall be promptly removed. An annual report documenting the inspection and any remedial action conducted shall be submitted to the City of Modesto Public Works Department for review.

69. Developer shall comply with Tivoli FEIR Mitigation Measure I.4, Hydrology and Water Quality, to the satisfaction of the City Engineer or designee.

70. Hydrology and Water Quality (Tivoli FEIR Mitigation Measure I.8):

71. Geology, Soils and Seismicity (Tivoli FEIR Mitigation Measure J.1): In locations underlain by expansive soils and/or non-engineered fill, the designers of foundations and improvements (including sidewalks, roads, and utilities) shall consider these conditions. (See p. IV.J.7 for more detail.)

72. Geology, Soils and Seismicity (Tivoli FEIR Mitigation Measure J.2):

73. Prior to the commencement of improvements to the Right of Way at the intersection of Oakdale and Claratina Avenue, or any road modifications where they intersect with SFPUC ROW, applicant must submit to Hetch Hetchy Water and Power (HHWP), a HHWP Project Review and Land Use Application and obtain written authorization from SFPUC for any proposed crossing, use of, reclassification, rezoning or work on CCSF-owned land. Contact
[email protected]
#31..
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BE IT FURTHER RESOLVED that the conditions of project approval set forth herein include certain fees, dedication requirements, reservations requirements, and other exactions, and that pursuant to Government Code Section 66020(d)(1), these conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions.

BE IT FURTHER RESOLVED that the applicant is hereby further notified that the ninety (90) days approval period in which a protest of these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a) can be filed, begins on April 7, 2026, and that if a protest is not filed within this ninety (90)-day period complying with all of the requirements of Section 66020, the applicant will be legally barred from later challenging such exactions.

BE IT FURTHER RESOLVED by the City Council of the City of Modesto that it hereby approves the Vesting Tentative Subdivision Map for Tivoli Paregian, as described in Exhibit “A,” attached hereto and incorporated herein by reference.
#31..
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The foregoing resolution was introduced at the regular meeting of the City Council of the City of Modesto held on the 7th day of April, 2026, by , who moved its adoption, which motion being duly seconded by , was upon roll call carried and the resolution carried by the following vote:

Ayes:

Noes:

Absent:

Recused:

ATTEST:

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#31..
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APN: 083-003-017
APN: 083-003-015
APN: 083-003-014 APN: 083-003-016
APN: 083-003-013 APN: 083-003-012
APN: 083-004-041 APN:
083-004-052
APN:
083-004-054
APN:
083-004-056
APN:
083-004-055
APN:
083-004-062
APN:
083-004
-040
APN:
083-004
-039
APN:
083-004
-066
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PHASE 1
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Drawing: N:\_ODE\Modesto\43500 Tivoli - Paregian Parcel\Planning\Exhibits\EXH-Tivoli Paregian VTM LDR (PH1) Parcels-43500.dwg Plot Date/Time: 1/15/2026 8:49 AM Last Saved by: JJBeyronneau Know what'sbelow.

Callbefore you dig.

TIVOLI - PAREGIAN
0056719.00

MODESTO, CALIFORNIA
4 0 40 80 160
SCALE: 1" = 80' 1 VESTING TENTATIVE SUBDIVISION MAP
APN: 083-003-017

STREET B

STREET C

STREET D

STREET A

STREET F

FUTURE CLARATINA AVENUE

MABLE AVENUE
PLAN 2025-00031, OCC. NO. 04816

STREET E

SUBDIVIDER'S STATEMENT

CONTACT INFORMATION

VICINITY MAP
SITE

SYLVAN AVE

OAKDALE RD

ROSELLE AVE

CLARIBEL RD

FLOYD AVE

CLARATINA AVENUE

MABLE AVE

OAKDALE AVENUE
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109.00 109.00
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APN: 083-003-017
APN: 083-003-015
APN: 083-003-014 APN: 083-003-016
APN: 083-003-013 APN: 083-003-012
93 86
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99 92
57 64
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110 109 108 107 106 105 104 103 102 101 100
PHASE 1
PHASE 2
LEGEND
Drawing: N:\_ODE\Modesto\43500 Tivoli - Paregian Parcel\Planning\Exhibits\EXH-Tivoli Paregian VTM LDR (PH1) Parcels-43500.dwg Plot Date/Time: 1/15/2026 9:15 AM Last Saved by: JJBeyronneau Know what'sbelow.

Callbefore you dig.

TIVOLI - PAREGIAN
0056719.00

MODESTO, CALIFORNIA
4 0 40 80 160
SCALE: 1" = 80'
APN: 083-003-017

STREET B

STREET C

STREET D

STREET A

STREET F

STREET E

FUTURE CLARATINA AVENUE

MABLE AVENUE
2 PRELIMINARY GRADING PLAN
PLAN 2025-00031, OCC. NO. 04816

INTERIOR STREETS
N.T.S.

N.T.S.

FUTURE CLARATINA AVENUE

A CORNER DETAIL WITH FIRE TRUCK AUTO-TURN TRACKS

MABLE AVENUE (INTERIM)
N.T.S.

APN: 083-003-014
#31..
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APN: 083-003-017
APN: 083-003-015
APN: 083-003-014 APN: 083-003-016
APN: 083-003-013 APN: 083-003-012
083-004-041 APN:
083-004-052
APN:
083-004-054
APN:
083-004-056
APN:
083-004-055
APN:
083-004-062
APN:
083-004
-040
APN:
083-004
-039
APN:
083-004
-066
93 86
94 87
95 88
96 89
97 90
98 91
99 92
57 64
9 8
76 4
10 47
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58 66 63
55 56
67 65
12 21
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83 82
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110 109 108 107 106 105 104 103 102 101 100
PHASE 1
PHASE 2
LEGEND
Drawing: N:\_ODE\Modesto\43500 Tivoli - Paregian Parcel\Planning\Exhibits\EXH-Tivoli Paregian VTM LDR (PH1) Parcels-43500.dwg Plot Date/Time: 1/15/2026 7:53 AM Last Saved by: JJBeyronneau Know what'sbelow.

Callbefore you dig. R

TIVOLI - PAREGIAN
0056719.00

MODESTO, CALIFORNIA
4 0 40 80 160
SCALE: 1" = 80'
APN: 083-003-017

STREET B STREET B

STREET C STREET C

STREET D

STREET A

STREET E

STREET E
APN: 083-003-017

FUTURE CLARATINA AVENUE

MABLE AVENUE
3 PRELIMINARY UTILITY PLAN
PLAN 2025-00031, OCC. NO. 04816
NOTE:
#31..
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Drawing: N:\_ODE\Modesto\43500 Tivoli - Paregian Parcel\Planning\Exhibits\EXH-Tivoli Paregian VTM Utilities-43500.dwg Plot Date/Time: 1/15/2026 7:25 AM Last Saved by: JJBeyronneau Know what'sbelow. Callbefore you dig. R

TIVOLI - PAREGIAN
0056719.00

MODESTO, CALIFORNIA
4 75 150 300
SCALE: 1" = 150'
0 OVERALL UTILITY PLAN

FUTURE CLARATINA AVENUE

OAKDALE ROAD

MABLE AVENUE

BRIDGEWOOD WAY

ARIA WAY

PARK/BASIN
SCHOOL

COMMERCIAL
NOTE:
4 PLAN 2025-00031, OCC. NO. 04816

PROPOSED RESIDENTIAL

FUTURE RESIDENTIAL

EXISTING RESIDENTIAL

CITY WATER

TANK SITE

EXISTING RESIDENTIAL

PROPOSED RESIDENTIAL

UNDER CONSTRUCTION
#31..
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04/07/2026/CED/JHill/Item X 2026-xx

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX

RESOLUTION APROVING THE FINAL DEVELOPMENT PLAN FOR TIVOLI ALVES
WHEREAS, the City Council adopted the Tivoli Specific Plan, a 454-acre area of land adjoining the northeast portion of the City of Modesto, by Ordinance No. 3479-C.S. on February 26, 2008; and
WHEREAS, the Tivoli Specific Plan is comprised of nine Area Plans subject to review and approval by the Planning Commission, each Area Plan being denoted to ensure that the circulation, infrastructure, land use, density, project design and other specific plan provisions are provided for each Area Plan as required by Section 9.4.1 of the Tivoli Specific Plan; and WHEREAS, Section 9.4.1.2 of the Specific Plan requires the Commission’s review and approval of a Final Development Plan for new residential development within the Specific Plan involving small-lot single-family residential uses with a tentative map, which may be approved by the Commission after or concurrently with the approval of an Area Plan; and WHEREAS, an application for the Tivoli Alves Final Development Plan for

26.3 acres within Area Plan No. 1, property located east of Oakdale Road, between Mable Avenue and future Claratina Avenue, was filed by Alves Properties LP on September 29, 2025 in accordance with Section 9.4.1.2 of the Tivoli Specific Plan; and
WHEREAS, the applicant has also submitted an application to amend the Tivoli Specific Plan to change the Land Use Diagram of the Specific Plan by #31..
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amending six acres designated as Medium-High Density Residential (MHDR-5) uses to Low Density Residential (LDR-13) uses (Project ID: SPA-25-002), together with a proposed new Area Plan No. 1 document for the Tivoli Specific Plan, filed in accordance with Section 9.4.1 of the Specific Plan (File ID: AREA25-003), and a Vesting Tentative Subdivision Map, “Tivoli Alves” to divide 26.3 acres within Area Plan No. 1 into 141 single-family residential lots (Project ID:

TSM-25-003); and
WHEREAS, an Addendum to the Tivoli Final Environmental Impact Report (Tivoli FEIR), EA/C&ED 2026-03, was prepared pursuant to Section 15164 of the CEQA Guidelines, which concluded that the project is within the scope of the Tivoli Specific Plan Final EIR (SCH No. 2005072125) and that pursuant to Sections 15162 and 15164 of the CEQA Guidelines, no new environmental review is required; and
WHEREAS, a public hearing was held by the Planning Commission on February 23, 2026, 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 Planning Commission by Resolution No. 2026-14 recommended to the City Council approval of the Final Development Plan of Tivoli Alves, subject to the Conditions of Approval in said Resolution; and
WHEREAS, said matter was set for a public hearing of the City Council to be held on April 7, 2026 in Chambers of City Hall, located at 1010 Tenth Street, #31..
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Modesto, California, at which date and time of said duly noticed public hearing was held.

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

1. There are no substantial changes proposed in the project that will require major revisions of the Tivoli Specific Plan Final EIR (SCH No. 2005072125).

3. No new information, which was not known and could not have been known at the time the Tivoli Specific Plan Final EIR was certified as complete, has become available.

4. The Addendum to the Tivoli Final EIR EA/C&ED 2026-03, and all other evidence in the record, provides the substantial evidence to support findings 1-3, noted above.

5. The City Council has considered the Addendum to the Tivoli Final EIR EA/C&ED 2026-03 in making this approval and finds that the Addendum reflects the City Council’s independent judgment.

BE IT FURTHER RESOLVED by the City Council of the City of Modesto that:

6. The Final Development Plan is consistent with the General Plan and the Tivoli Specific Plan, because the Final Development Plan would provide setback and development standards to facilitate new residential development within Area Plan No. 1 in accordance to Section 9.4.2.1 of the Specific Plan.

BE IT FURTHER RESOLVED by the City Council of the City of Modesto that the Final Development Plan for the proposed Tivoli Alves project, described in “Exhibit A,” attached hereto and incorporated herein by reference, be approved subject to the following conditions:
#31..
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04/07/2026/CED/JHill/Item X 2026-xx

1. The Tivoli Alves Final Development Plan shall not be in full effect unless and until the City Council approves the proposed amendment to the Tivoli Specific Plan land use diagram (Project ID SPA-25-002), Area Plan No. 1 (Project ID AREA-25-003) and the Vesting Tentative Subdivision Map for Tivoli Alves (Project ID TSM25-003) as required by Section 9.4.1 of the Specific Plan.

2. All development shall be consistent with the approved Final Development Plan titled “Development Plan, Alves (Tivoli),” submitted on September 29, 2025, as described in Exhibit “A,” attached hereto and incorporated herein by reference, and approved by the City Council by Resolution No. 2026-xx on April 7, 2026.

3. Except as amended herein, or by reference, all development including street and infrastructure improvements, and mitigation measures from the Tivoli Final EIR, shall be in accordance with the Tivoli Specific Plan and Area Plan No. 1 (AREA-25-003), and the Vesting Tentative Subdivision Map of Tivoli Alves (TSM-25-003), as set forth in City Council Resolutions No. 2026-xx and 2026-xx, adopted on April 7, 2026.

4. Siting of residences shall be in accordance to the Development Standards for Low Density Residential uses as specified in Chapter 4 of the Specific Plan.

8. The project shall be subject to all conditions, requirements and recommendations from all other affected departments/agencies, provided on the attached reports/memorandums.

10. All landscaping, fences and walls shall be maintained and the premises shall be kept free of weeds, trash and other debris.

BE IT FURTHER RESOLVED that the conditions of project approval set forth herein include certain fees, dedication requirements, reservations requirements, and other exactions, and that pursuant to Government Code Section 66020(d)(1), these conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions.

BE IT FURTHER RESOLVED that the applicant is hereby further notified that the ninety (90) days approval period in which a protest of these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a) can be filed, begins on April 7, 2026, and that if a protest is not filed within this ninety (90)-day period complying with all of the requirements of #31..
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Section 66020, the applicant will be legally barred from later challenging such exactions.
#31..
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04/07/2026/CED/JHill/Item X 2026-xx
The foregoing resolution was introduced at the regular meeting of the City Council of the City of Modesto held on the 7th day of April, 2026, by , who moved its adoption, which motion being duly seconded by , was upon roll call carried and the resolution carried by the following vote:

Ayes:

Noes:

Absent:

Recused:

ATTEST:

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#31..
- 1930 -
Westwood Professional Services Alves (Tivoli)

DEVELOPMENT PLAN

ALVES (TIVOLI)
SUBMITTAL DATE: SEPTEMBER 29, 2025
Prepared by:

Westwood Professional Services
1165 Scenic Drive, Suite A
Modesto, CA 95350
209.571.1765
Applicant:

Alves Properties
1120 Scenic Drive
Modesto, CA 95350
#31..
- 1931 -

FUTURE CLARATINA AVENUE
LOT D
PARK

STREET N

STREET A

COURT L

STREET M

STREET H

COURT P

STREET K

MABLE AVENUE

PARK/BASIN

STREET J

STREET F
114
37 120
2 47
43 46
45 44
41 42
40 129
121
126
127 122
123
117
39 APN:
083-004
-039
APN:
083-004
-066
F: 888.937.5150
Westwood Professional Services, Inc.
westwoodps.com
1165 SCENIC DRIVE, SUITE AMODESTO, CA 95350
T: 209.571.1765
Drawing: N:\_ODE\Modesto\43390 Tivoli-Alves Parcel\Planning\Exhibits\EXH-Tivoli Alves DP Parcel Dimensions-43390.dwg Plot Date/Time: 9/29/2025 1:07 PM Last Saved by: EAHamed

TIVOLI - ALVES
0056705.00

MODESTO, CALIFORNIA
4 0 40 80 160
SCALE: 1" = 80'

SUBDIVIDER'S STATEMENT

VICINITY MAP
SITE

SYLVAN AVE

OAKDALE RD

ROSELLE AVE

CLARIBEL RD

FLOYD AVE

CLARATINA AVENUE

DEVELOPMENT PLAN

PARCEL DIMENSIONS
MABLE AVE 1
LEGEND
#31..
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APN:
083-004
-039
APN:
083-004
-066
F: 888.937.5150
Westwood Professional Services, Inc.
westwoodps.com
1165 SCENIC DRIVE, SUITE AMODESTO, CA 95350
T: 209.571.1765
Drawing: N:\_ODE\Modesto\43390 Tivoli-Alves Parcel\Planning\Exhibits\EXH-Tivoli Alves DP Setbacks & Driveways-43390.dwg Plot Date/Time: 9/29/2025 2:22 PM Last Saved by: EAHamed

TIVOLI - ALVES
0056705.00

MODESTO, CALIFORNIA
4 0 40 80 160
SCALE: 1" = 80'
FUTURE
TIVOLI

PAREGIAN
LEGEND
APN: 083-003-017

STREET C STREET C

FUTURE CLARATINA AVENUE

MABLE AVENUE

EXISTING VERY LOW

DENSITY RESIDENTIAL
2 APN: 083-004-068

DEVELOPMENT PLAN

SETBACKS, DRIVEWAYS, & SIDEWALKS
#31..
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F: 888.937.5150
Westwood Professional Services, Inc.
westwoodSs.coP
1165 SCENIC DRIVE, SUITE A
MODESTO, CA 95350
T: 209.571.1765
Plot Date:9.29.2025 Drawing: N:\_ODE\Modesto\43390 Tivoli-Alves Parcel\Planning\Exhibits\EXH-Tivoli Alves DP Lot Dimensions-43390 0056705.00

ALVES PARCELS TIVOLI

MODESTO, CA COURT L

STREET J
3 LOT 65 LOT 6445'X90' MIN. LOTS
0 10 20 SCALE: 1" = 20'

DEVELOPMENT PLAN - LOT DIMENSIONS
#31..
- 1934 -
F: 888.937.5150
Westwood Professional Services, Inc.
westwoodSs.coP
1165 SCENIC DRIVE, SUITE A
MODESTO, CA 95350
T: 209.571.1765
Plot Date:9.29.2025 Drawing: N:\_ODE\Modesto\43390 Tivoli-Alves Parcel\Planning\Exhibits\EXH-Tivoli Alves DP Lot Dimensions-43390 0056705.00

ALVES PARCELS TIVOLI

MODESTO, CA STREET N

STREET J
4 LOT 113 LOT 112 50'X100' MIN. LOTS
0 10 20 SCALE: 1" = 20'

DEVELOPMENT PLAN - LOT DIMENSIONS
#31..
- 1935 -
NOTE: THIS DOCUMENT IS FOR CONCEPTUAL PLANNING PURPOSES ONLY. THIS DOCUMENT IS MARKED PRELIMINARY AND NOT TO BE USED FOR CONSTRUCTION PURPOSES. ANY IMAGES SHOWN ARE TO CONVEY CONCEPT ONLY. CONSTRUCTIONPLANS WILL VARY DEPENDING ON BUDGET, CLIENT DIRECTION, COMMUNITY INPUT AND FINAL MATERIALS SELECTION.

ALVES PARCELTIVOLI

09.29.2025
1234567

NEIGHBORHOOD LANDSCAPE CONCEPT
N
S
W E W

E S T W O O D
Westwood Professional Services, Inc. westwoodps.com

STREET TREE LEGEND

SYMBOL BOTANICAL NAME COMMON NAME SIZE WATER USE

ACCENT TREES

PARKWAY STRIP TREES

STREET TREES

STREETSCAPE PLANTS

CMU WALL

PILASTER

STREET TREE

PARKWAY STRIP TREE

ACCENT TREE

STREETSCAPE PLANTING AREA

MINOR GATEWAY STRUCTURE
LEGEND
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A CLARATINA AVE. STREET SECTION
CLARATINA AVE.

MABLE AVENUE

PARK BY OTHERS

STREET A
B MABLE AVE. STREET SECTION

C STREET A SECTION
#31..
- 1936 -
NOTE: THIS DOCUMENT IS FOR CONCEPTUAL PLANNING PURPOSES ONLY. THIS DOCUMENT IS MARKED PRELIMINARY AND NOT TO BE USED FOR CONSTRUCTION PURPOSES. ANY IMAGES SHOWN ARE TO CONVEY CONCEPT ONLY. CONSTRUCTIONPLANS WILL VARY DEPENDING ON BUDGET, CLIENT DIRECTION, COMMUNITY INPUT AND FINAL MATERIALS SELECTION.

ALVES PARCELTIVOLI

09.29.2025

CLARATINA AVENUE

OWNERSHIP & FEATURE CONCEPT
N
S
W E W

E S T W O O D
Westwood Professional Services, Inc. westwoodps.com

MABLE AVENUE

PARK BY OTHERS
LEGEND
8' CMU WALL - CITY MAINTAINED6' DECORATIVE CMU WALL - CITY MAINTAINED

LOT LINE WOOD FENCE - PRIVATELY MAINTAINED

CITY SIDEWALK - CITY MAINTAINED

LANDSCAPE - CITY MAINTAINEDLANDSCAPE & HOMES - PRIVATELY MAINTAINED

K STREET
#31..
- 1937 -
NOTE: THIS DOCUMENT IS FOR CONCEPTUAL PLANNING PURPOSES ONLY. THIS DOCUMENT IS MARKED PRELIMINARY AND NOT TO BE USED FOR CONSTRUCTION PURPOSES. ANY IMAGES SHOWN ARE TO CONVEY CONCEPT ONLY. CONSTRUCTION PLANS WILL VARY DEPENDING ON BUDGET, CLIENT DIRECTION, COMMUNITY INPUT AND FINAL MATERIALS SELECTION. ALVES PARCEL TIVOLI 09.29.2025 WALL & FENCE CONCEPTS Westwood Professional Services, Inc. westwoodSs.coP PRECAST PYRAMID CONCRETE PILASTER CAP PRECAST CONCRETE WALL CAP PILASTER - BASILITE SPLITFACE CMU WITH VARIED SIZES & COLORS (NO VENEER) MIDWALL BULBOUT HALF PILASTER DECORATIVE CMU WALL WITH VINES - BASILTE SPLIT FACE WITH VARIED COLORS 6' LOT LINE WOOD FENCE - NO GAP LEGEND 123456 SPLITFACE CMU WALL WITH BASILITE CMU PILASTERS LOT LINE WOOD FENCE WALL FENCE #31.. - 1938 -
T T NOTE: THIS DOCUMENT IS FOR CONCEPTUAL PLANNING PURPOSES ONLY. THIS DOCUMENT IS MARKED PRELIMINARY AND NOT TO BE USED FOR CONSTRUCTION PURPOSES. ANY IMAGES SHOWN ARE TO CONVEY CONCEPT ONLY. CONSTRUCTION PLANS WILL VARY DEPENDING ON BUDGET, CLIENT DIRECTION, COMMUNITY INPUT AND FINAL MATERIALS SELECTION. ALVES PARCEL TIVOLI 09.29.2025 DECORATIVE CMU WALL WITH VINE DECORATIVE CMU PILASTER 6' WOOD FENCE DECORATIVE PILASTER WITH LOGO LEGEND 1234NEIGHBORHOOD ENTRANCES Westwood Professional Services, Inc. westwoodSs.coP NEIGHBORHOOD ENTRANCE - ELEVATION NEIGHBORHOOD ENTRANCE - PLAN VIEW #31.. - 1939 -
TIVOLI T T NOTE: THIS DOCUMENT IS FOR CONCEPTUAL PLANNING PURPOSES ONLY. THIS DOCUMENT IS MARKED PRELIMINARY AND NOT TO BE USED FOR CONSTRUCTION PURPOSES. ANY IMAGES SHOWN ARE TO CONVEY CONCEPT ONLY. CONSTRUCTION PLANS WILL VARY DEPENDING ON BUDGET, CLIENT DIRECTION, COMMUNITY INPUT AND FINAL MATERIALS SELECTION. ALVES PARCEL TIVOLI 09.29.2025 LEGEND 1234MINOR GATEWAY Westwood Professional Services, Inc. westwoodSs.coP MINOR GATEWAY - ELEVATION MINOR GATEWAY - PLAN VIEW WOOD ARBOR MONUMENT SIGN 7' PILASTER WITH FLAT PRECAST CAP 8' DECORATIVE CMU WALL 5 8' PILASTER WITH PYRAMID PRECAST CAP #31.. - 1940 -
04/07/2026/CED/JHill/Item X 2026-xx

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX

RESOLUTION APPROVING THE FINAL DEVELOPMENT PLAN FOR TIVOLI

PAREGIAN
WHEREAS, the City Council adopted the Tivoli Specific Plan, a 454-acre area of land adjoining the northeast portion of the City of Modesto, by Ordinance No. 3479-C.S. on February 26, 2008; and
WHEREAS, the Tivoli Specific Plan is comprised of nine Area Plans subject to review and approval by the Planning Commission, each Area Plan being denoted to ensure that the circulation, infrastructure, land use, density, project design and other specific plan provisions are provided for each Area Plan as required by Section 9.4.1 of the Tivoli Specific Plan; and WHEREAS, Section 9.4.1.2 of the Specific Plan requires the Commission’s review and approval of a Final Development Plan for new residential development within the Specific Plan involving small-lot single-family residential uses with a tentative map, which may be approved by the Commission after or concurrently with the approval of an Area Plan; and WHEREAS, an application for the Tivoli Paregian Final Development Plan for 22.8 acres within Area Plan No. 1, property located east of Oakdale Road, between Mable Avenue and future Claratina Avenue, was filed by Michael Zagaris on July 17, 2025 in accordance with Section 9.4.1.2 of the Tivoli Specific Plan; and
WHEREAS, the applicant has also submitted an application for proposed new Area Plan No. 1 document for the Tivoli Specific Plan, filed in accordance #31..
- 1941 -
04/07/2026/CED/JHill/Item X 2026-xx
with Section 9.4.1 of the Specific Plan (File ID: AREA-25-003), and a Vesting Tentative Subdivision Map, “Paregian (Tivoli)” to divide 52.6 acres within Area Plan No. 1 into 99 low-density single-family residential lots and 11 very low density single-family residential lots (Project ID: TSM-25-004); and WHEREAS, an Addendum to the Tivoli Final Environmental Impact Report (Tivoli FEIR), EA/C&ED 2026-03, was prepared pursuant to Section 15164 of the CEQA Guidelines, which concluded that the project is within the scope of the Tivoli Specific Plan Final EIR (SCH No. 2005072125) and that pursuant to Sections 15162 and 15164 of the CEQA Guidelines, no new environmental review is required; and
WHEREAS, a public hearing was held by the Planning Commission on February 23, 2026, 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 Planning Commission by Resolution No. 2026-16 recommended to the City Council approval of the Final Development Plan of Tivoli Paregian, subject to the Conditions of Approval in said Resolution; and
WHEREAS, said matter was set for a public hearing of the City Council to be held on April 7, 2026 in Chambers of City Hall, located at 1010 Tenth Street, Modesto, California, at which date and time of said duly noticed public hearing was held.
#31..
- 1942 -
04/07/2026/CED/JHill/Item X 2026-xx
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Modesto that it hereby finds and determines as follows:

1. There are no substantial changes proposed in the project that will require major revisions of the Tivoli Specific Plan Final EIR (SCH No. 2005072125).

3. No new information, which was not known and could not have been known at the time the Tivoli Specific Plan Final EIR was certified as complete, has become available.

4. The Initial Study, EA/C&ED 2026-03, and all other evidence in the record, provides the substantial evidence to support findings 1-3, noted above.

5. The City Council has considered the Addendum to the Tivoli Final EIR EA/C&ED 2026-03 in making this approval and finds that the Addendum reflects the City Council’s independent judgment.

BE IT FURTHER RESOLVED by the City Council of the City of Modesto that:

BE IT FURTHER RESOLVED by the City Council of the City of Modesto that the Final Development Plan for the proposed Tivoli Paregian project, described in “Exhibit A,” attached hereto and incorporated herein by reference, be approved subject to the following conditions:

1. The Tivoli Paregian Final Development Plan shall not be in full effect unless and until the City Council approves the proposed Area Plan No. 1 (Project ID AREA-25-003) and the Vesting Tentative #31..
- 1943 -
04/07/2026/CED/JHill/Item X 2026-xx
Subdivision Map for Tivoli Paregian (Project ID TSM-25-004) as required by Section 9.4.1 of the Specific Plan.

2. All development shall be consistent with the approved Final Development Plan titled “Development Plan, Paregian (Tivoli),” submitted on July 17, 2025, as described in Exhibit “A,” attached hereto and incorporated herein by reference, and approved by the City Council by Resolution No. 2026-xx on April 7, 2026.

3. Except as amended herein, or by reference, all development including street and infrastructure improvements, and mitigation measures from the Tivoli Final EIR, shall be in accordance with the Tivoli Specific Plan and Area Plan No. 1 (AREA-25-003), and the Vesting Tentative Subdivision Map of Tivoli Paregian (TSM-25- 004), as set forth in City Council Resolutions No. 2026-xx and 2026-xx, adopted on April 7, 2026.

4. Siting of residences within the Final Development Plan shall be as follows:
a. The eleven (11) residences in the Phase 2 VLDR component of the Tivoli Paregian Vesting Tentative Subdivision Map within the VLDR-1 land use of the Tivoli Specific Plan shall be in accordance to the Development Standards for Very Low Density Residential uses as specified in Chapter 4 of the Specific Plan, and; b. Siting of the 99 residences in the Phase 1 LDR component of the Tivoli Paregian Vesting Tentative Subdivision Map within the LDR13 land use of the Specific Plan shall be in accordance to the Development Standards of the Low Density Residential uses, as specified in Chapter 4 of the Specific Plan.

8. The project shall be subject to all conditions, requirements and recommendations from all other affected departments/agencies, provided on the attached reports/memorandums.
#31..
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04/07/2026/CED/JHill/Item X 2026-xx

10. All landscaping, fences and walls shall be maintained and the premises shall be kept free of weeds, trash and other debris.

BE IT FURTHER RESOLVED that the conditions of project approval set forth herein include certain fees, dedication requirements, reservations requirements, and other exactions, and that pursuant to Government Code Section 66020(d)(1), these conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions.

BE IT FURTHER RESOLVED that the applicant is hereby further notified that the ninety (90) days approval period in which a protest of these fees, #31..
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04/07/2026/CED/JHill/Item X 2026-xx
dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a) can be filed, begins on April 7, 2026, and that if a protest is not filed within this ninety (90)-day period complying with all of the requirements of Section 66020, the applicant will be legally barred from later challenging such exactions.

BE IT FURTHER RESOLVED by the City Council of the City of Modesto that it hereby approves the Final Development Plan for Tivoli Paregian, as described in Exhibit “A,” attached hereto and incorporated herein by reference. #31..
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04/07/2026/CED/JHill/Item X 2026-xx
The foregoing resolution was introduced at the regular meeting of the City Council of the City of Modesto held on the 7th day of April, 2026, by , who moved its adoption, which motion being duly seconded by , was upon roll call carried and the resolution carried by the following vote:

Ayes:

Noes:

Absent:

Recused:

ATTEST:

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#31..
- 1947 -
Westwood Professional Services Paregian (Tivoli)

DEVELOPMENT PLAN

PAREGIAN (TIVOLI)
SUBMITTAL DATE: JULY 17 2025
Prepared by:

Westwood Professional Services
1165 Scenic Drive, Suite A
Modesto, CA 95350
209.571.1765
Applicant:

Sam Paregian
1329 Patterson Road
Modesto, CA 95350
#31..
- 1948 -
APN: 083-003-017
APN: 083-003-015
APN: 083-003-014 APN: 083-003-016
APN: 083-003-013 APN: 083-003-012
APN: 083-004-041 APN:
083-004-052
APN:
083-004-054
APN:
083-004-056
APN:
083-004-055
APN:
083-004-062
APN:
083-004
-040
APN:
083-004
-039
APN:
083-004
-066 APN: 083-003-017
APN: 083-003-015
APN: 083-003-014 APN: 083-003-016
APN: 083-003-013 APN: 083-003-012
APN: 083-004-041 APN:
083-004-052
APN:
083-004-054
APN:
083-004-056
APN:
083-004-055
APN:
083-004-062
APN:
083-004
-040
APN:
083-004
-039
APN:
083-004
-066 2 10 3 4 5 6 7 8 1 9 11 APN: 083-003-017
APN: 083-003-015
APN: 083-003-014 APN: 083-003-016
APN: 083-003-013 APN: 083-003-012
APN: 083-004-041 APN:
083-004-052
APN:
083-004-054
APN:
083-004-056
APN:
083-004-055
APN:
083-004-062
APN:
083-004
-040
APN:
083-004
-039
APN:
083-004
-066
93 86
94 87
95 88
96 89
97 90
98 91
99 92
57 64
71 9 8 7 6 4
10 47
40 48
41 49
42 50
43 51
44 52
45 46 3 2
60 61
59 62
58 66 63
55 56
65 54
67 76
85 12
21 14
22 15
23 16
24 17
25 18
26 19
11 20
31 32
28 29 30 33 34 35 36
83 82 81 79 78 77
84 80
74 75
68 69 70 72 73
38 37
39 13
27 5 1
53 0 40 80 160
SCALE: 1" = 80'

SUBDIVIDER'S STATEMENT

VICINITY MAP
SITE

SYLVAN AVE

OAKDALE RD

ROSELLE AVE

CLARIBEL RD

FLOYD AVE
CLARATINA AVENUE DEVELOPEMENT PLAN APN: 083-003-017 STREET B STREET B STREET C STREET C

STREET D

STREET A

STREET F

MABLE AVE

FUTURE CLARATINA AVENUE OAKDALE ROAD

MABLE AVENUE
STREET E F: 888.937.5150 Westwood Professional Services, Inc. westwoodps.com
1165 SCENIC DRIVE, SUITE AMODESTO, CA 95350 T: 209.571.1765 Drawing: H:\43500 Tivoli - Paregian Parcel\Planning\Exhibits\AREA & DEVELOPMENT PLAN\PAREGIAN DEVELOPMENT PLAN\DP-Paregian Parcels DIMS-43500 & 43390.dwg Plot Date/Time: 7/17/2025 3:44 PM Last Saved by: Becook TIVOLI - PAREGIAN 0056719.00
MODESTO, CALIFORNIA 3
FUTURE

COMMERCIAL
(26.2 AC) 1
LEGEND
#31..
- 1949 -
APN: 083-003-017
APN: 083-003-015
APN: 083-003-014 APN: 083-003-016
APN: 083-003-013 APN: 083-003-012
APN: 083-004-041 APN:
083-004-052
APN:
083-004-054
APN:
083-004-056
APN:
083-004-055
APN:
083-004
-040
APN:
083-004
-039
APN:
083-004
-066
APN:
083-004-062 0 40 80 160
SCALE: 1" = 80' DEVELOPEMENT PLAN
FUTURE

COMMERCIAL
(26.2 AC) F: 888.937.5150 Westwood Professional Services, Inc. westwoodps.com
1165 SCENIC DRIVE, SUITE AMODESTO, CA 95350 T: 209.571.1765 Drawing: H:\43500 Tivoli - Paregian Parcel\Planning\Exhibits\AREA & DEVELOPMENT PLAN\PAREGIAN DEVELOPMENT PLAN\DP-Paregian Setbacks & Driveways-43500.dwg Plot Date/Time: 7/17/2025 3:44 PM Last Saved by: Becook TIVOLI - PAREGIAN 0056719.00
MODESTO, CALIFORNIA 3
LEGEND APN: 083-003-017 STREET B STREET B STREET C STREET C

STREET D

STREET A

STREET F

FUTURE CLARATINA AVENUE OAKDALE ROAD

MABLE AVENUE
STREET E 2

EXISTING

VETINARY

HOSPITAL EXISTING VERY LOW DENSITY RESIDENTIAL
#31..
- 1950 -
APN: 083-003-013 APN: 083-003-012
APN: 083-004-041 APN:
083-004-052
APN:
083-004-054
APN:
083-004-056
APN:
083-004-055
APN:
083-004-062
APN:
083-004
-040
APN:
083-004
-039
APN:
083-004
-066
APN: 083-003-015
APN: 083-003-014 APN: 083-003-016 STREET B STREET C

STREET D

STREET A

STREET E

STREET F

FUTURE CLARATINA AVENUE OAKDALE ROAD

MABLE AVENUE
PARK

STREET N

STREET A

COURT L

STREET M STREET H COURT P STREET K
PARK/BASIN STREET J COURT O STREET K 0 50 100 200
SCALE: 1" = 100'
LEGEND F: 888.937.5150 Westwood Professional Services, Inc. westwoodps.com
1165 SCENIC DRIVE, SUITE AMODESTO, CA 95350 T: 209.571.1765 Drawing: H:\43500 Tivoli - Paregian Parcel\Planning\Exhibits\AREA & DEVELOPMENT PLAN\PAREGIAN DEVELOPMENT PLAN\DP-Paregian Landscaping Plan-43500.dwg Plot Date/Time: 7/17/2025 3:44 PM Last Saved by: Becook TIVOLI - PAREGIAN 0056719.00
MODESTO, CALIFORNIA 33 DEVELOPEMENT PLAN
#31..
- 1951 -
F: 888.937.5150
Westwood Professional Services, Inc.
westwoodps.com
1165 SCENIC DRIVE, SUITE A
MODESTO, CA 95350
T: 209.571.1765
Plot Date:7.17.2025 Drawing: H:\43500 Tivoli - Paregian Parcel\Planning\Exhibits\AREA & DEVELOPMENT PLAN\DP-Paregian & Alves Parcels Development Plan-43500 & 43390 R0056719.00

PAREGIAN PARCELS TIVOLI

DEVELOPMENT PLAN

MODESTO, CA STREET E

STREET C
1 LOT 77 LOT 78 50'X95' MIN. LOTS
0 10 20 SCALE: 1" = 20' #31..
- 1952 -
F: 888.937.5150
Westwood Professional Services, Inc.
westwoodps.com
1165 SCENIC DRIVE, SUITE A
MODESTO, CA 95350
T: 209.571.1765
Plot Date:7.17.2025 Drawing: H:\43500 Tivoli - Paregian Parcel\Planning\Exhibits\AREA & DEVELOPMENT PLAN\DP-Paregian & Alves Parcels Development Plan-43500 & 43390 R0056719.00

PAREGIAN PARCELS TIVOLI

DEVELOPMENT PLAN
MODESTO, CA 0 10 20 SCALE: 1" = 20' MABLE AVENUE 2 LOT8 LOT7110'X140' MIN. LOTS #31.. - 1953 -
NOTE: THIS DOCUMENT IS FOR CONCEPTUAL PLANNING PURPOSES ONLY. THIS DOCUMENT IS MARKED PRELIMINARY AND NOT TO BE USED FOR CONSTRUCTION PURPOSES. ANY IMAGES SHOWN ARE TO CONVEY CONCEPT ONLY. CONSTRUCTIONPLANS WILL VARY DEPENDING ON BUDGET, CLIENT DIRECTION, COMMUNITY INPUT AND FINAL MATERIALS SELECTION.

PAREGIAN PARCEL
TIVOLI

07.11.2025

CMU WALL

PILASTER

STREET TREE

PARKWAY STRIP TREE

ACCENT TREE

STREETSCAPE PLANTING AREA
LEGEND
123456

NEIGHBORHOOD LANDSCAPE CONCEPT
N
S
W E W

E S T W O O D
Westwood Professional Services, Inc. westwoodps.com

STREET TREE LEGEND

SYMBOL BOTANICAL NAME COMMON NAME SIZE WATER USE

ACCENT TREES

PARKWAY STRIP TREES

STREET TREES

STREETSCAPE PLANTS
A CLARATINA AVE. STREET SECTION

CLARATINA AVENUE

MABLE AVENUE
#31..
- 1954 -
NOTE: THIS DOCUMENT IS FOR CONCEPTUAL PLANNING PURPOSES ONLY. THIS DOCUMENT IS MARKED PRELIMINARY AND NOT TO BE USED FOR CONSTRUCTION PURPOSES. ANY IMAGES SHOWN ARE TO CONVEY CONCEPT ONLY. CONSTRUCTIONPLANS WILL VARY DEPENDING ON BUDGET, CLIENT DIRECTION, COMMUNITY INPUT AND FINAL MATERIALS SELECTION.

PAREGIAN PARCEL
TIVOLI

07.11.2025
LEGEND

CLARATINA AVENUE

OWNERSHIP & FEATURE CONCEPT
N
S
W E W

E S T W O O D
Westwood Professional Services, Inc. westwoodps.com

MABLE AVENUE
7' CMU WALL - CITY MAINTAINED

LOT LINE WOOD FENCE - PRIVATELY MAINTAINED
7' CMU WALL - PRIVATELY MAINTAINEDCITY SIDEWALK - CITY MAINTAINED

LANDSCAPE - CITY MAINTAINEDLANDSCAPE & HOMES - PRIVATELY MAINTAINED #31..
- 1955 -
NOTE: THIS DOCUMENT IS FOR CONCEPTUAL PLANNING PURPOSES ONLY. THIS DOCUMENT IS MARKED PRELIMINARY AND NOT TO BE USED FOR CONSTRUCTION PURPOSES. ANY IMAGES SHOWN ARE TO CONVEY CONCEPT ONLY. CONSTRUCTIONPLANS WILL VARY DEPENDING ON BUDGET, CLIENT DIRECTION, COMMUNITY INPUT AND FINAL MATERIALS SELECTION.

PAREGIAN PARCEL
TIVOLI

07.11.2025

PRECAST PYRAMID CONCRETE PILASTER CAPPRECAST CONCRETE WALL CAP 8' PILASTER - BASILITE SPLITFACE CMU WITH VARIED SIZES & COLORS (NO VENEER)

MIDWALL BULBOUT HALF PILASTER
7' CMU WALL WITH VINES - BASILTE SPLIT FACE WITH VARIED COLORS6' LOT LINE WOOD FENCE - NO GAP LEGEND
123456

WALL & FENCE CONCEPTS
Westwood Professional Services, Inc. westwoodps.com

SPLITFACE CMU WALL WITH BASILITE CMU PILASTERS

LOT LINE WOOD FENCE
WALL
FENCE
#31..
- 1956 -
04/07/2026/CED/JHill/Item X 2026-xx

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX

RESOLUTION ADOPTING AN AMENDMENT TO THE GENERAL PLAN TO RESTORE THE DESIGNATION OF EIGHT (8) ACRES TO REGIONAL

COMMERCIAL (RC) FROM RESIDENTIAL (R) TO RECONCILE

INCONSISTENCY BETWEEN THE GENERAL PLAN AND THE LAND USE

DIAGRAM OF THE TIVOLI SPECIFIC PLAN
WHEREAS, a General Plan for the City of Modesto entitled “City of Modesto Urban Area General Plan” (UAGP), was adopted by the City Council by Resolution No. 95-409 on August 15, 1995, in accordance with Section 65300 of the Government Code; 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, 2007-066, 2007-599, 2008-142, 2008-583, 2009-419, 2011-253, 2011-254, 2011-436, 2012-430, 2014-17, 2014-422, 2015-262, 2016-34, 2017-21, 2019-109, 2022-101, 2022-193, 2022-449, 2024-022, 2025-164, 2025-247 and 2026-37, 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, a change from Regional Commercial (RC) to Residential (R) uses in the Land Use Element of the General Plan approved by City Council Resolution No. 2022-449 on November 1, 2022 which was done in conjunction with an amendment to the Land Use Diagram of the Tivoli #31..
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04/07/2026/CED/JHill/Item X 2026-xx
Specific Plan to amend acreage of the Specific Plan from Regional Serving Commercial (RSC-1) to Low Density Residential (LDR-12), resulted in inconsistencies between the General Plan and Tivoli Specific Plan; and WHEREAS, the inconsistency in land uses between the Land Use Element of the General Plan and the Land Use Diagram of the Tivoli Specific Plan is rectified through the Combined actual built and proposed capacity of the previously approved Arcadia project Resolution 2022-449 and the Paregian project in the EIR Addendum, EA/ C&ED 2026-03; and WHEREAS, an amendment to the Land Use Element of the General Plan to restore the designation of the Residential (R) eight acres back to Regional Commercial (RC) is proposed to rectify the discrepancy and ensure that the land uses of the General Plan and the Tivoli Specific Plan are internally consistent; and
WHEREAS, said proposal is included with proposed residential developments within the Tivoli Specific Plan, collectively identified as the Tivoli Alves, Tivoli Mable and Tivoli Paregian projects; and WHEREAS, as set forth in the agenda report and as supported by the evidence in the record for this matter, the change in residential capacity caused by the change in land use designation of eight acres from Residential to Regional Commercial does not result in a net loss in residential capacity due to changes in land use designations that the City has concurrently made to other areas within the City’s jurisdiction; and
#31..
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04/07/2026/CED/JHill/Item X 2026-xx
WHEREAS, the amendment is described in the Addendum to the Tivoli Final Environmental Impact Report (Tivoli FEIR, SCH No. 2005072125), EA/C&ED 2026-03, prepared pursuant to Section 15164 of the CEQA Guidelines, which concluded that the eight-acre area of Residential (R) designated land use is not needed for residential capacity replacement and therefore can be restored to Regional Commercial (RC) to ensure that the land uses of the General Plan and the Tivoli Specific Plan are internally consistent, and that pursuant to Sections 15162 and 15164 of the CEQA Guidelines, no new environmental review is required; and WHEREAS, a public hearing was held by the Planning Commission on February 23, 2026, 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 Planning Commission by Resolution No. 2026-17 recommended to the City Council adoption of the proposed amendment to the Land Use Element of the General Plan; and WHEREAS, said matter was set for a public hearing of the City Council to be held on April 7, 2026, in Chambers of City Hall, located at 1010 Tenth Street, Modesto, California, at which date and time of said duly noticed public hearing was held.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the #31..
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04/07/2026/CED/JHill/Item X 2026-xx
City of Modesto that it hereby approves the amendment to the Land Use Element of the General Plan to restore the land use designation of eight acres from Residential (R) to Regional Commercial (RC), and to find as follows:

1. The proposed amendment to the Land Use Element would reconcile inconsistent land use designations in the General Plan and the Tivoli Specific Plan, thereby ensuring that the land uses of the General Plan and the Tivoli Specific Plan are internally consistent.

2. The proposed amendment is described in the Addendum to the Tivoli Final Environmental Impact Report (Tivoli FEIR, SCH No. 2005072125), EA/C&ED 2026-03, prepared pursuant to Section 15164 of the CEQA Guidelines, which concluded that the eightacre area inadvertently changed from Regional Commercial to Residential is not needed for residential capacity replacement and therefore can be restored to ensure that the land uses of the General Plan and the Tivoli Specific Plan are internally consistent, and that pursuant to Sections 15162 and 15164 of the CEQA Guidelines, no new environmental review is required.

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

BE IT FURTHER RESOLIVED by the City Council of the City of Modesto that it hereby certifies and adopts the Addendum to the Tivoli Final EIR EA/C&ED 2026-03.
#31..
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04/07/2026/CED/JHill/Item X 2026-xx
The foregoing resolution was introduced at the regular meeting of the City Council of the City of Modesto held on the 7th day of April, 2026, by , who moved its adoption, which motion being duly seconded by , was upon roll call carried and the resolution carried by the following vote:

Ayes:

Noes:

Absent:

Recused:

ATTEST:

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#31..
- 1961 -
#31..
- 1962 -

EIR ADDENDUM

FOR THE

TIVOLI SPECIFIC PLAN AMENDMENT
(ALVES, MABLE, PAREGIAN)
EA No. C&ED 2025-03
DECEMBER 19, 2025
Prepared for:

City of Modesto
1010 10th Street
Modesto, CA 95354
(209) 577-5200
Prepared by:

De Novo Planning Group
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
(916) 580-9818
D e N o v o P l a n n i n g G r o u p
A L a n d U s e P l a n n i n g , D e s i g n , a n d E n v i r o n m e n t a l F i r m #31..
- 1963 -

An addendum is appropriate here because, as explained in Section 4, none of the conditions calling for preparation of a subsequent EIR or negative declaration have occurred.

Information and technical analyses from the EIR are utilized throughout this Addendum. Relevant passages from this document (consisting of the EIR) are cited and available for review at:

City of Modesto
1010 10th Street
Modesto, CA 95354
Phone: (209) 577-5200
#31..
- 1965 -

1. To foster distinctive, attractive developments with a strong sense of place.

3. To create a range of housing opportunities and choices with multi-family and/or affordable housing in compliance with the regional housing needs consistent with the Housing Element.
#31..
- 1966 -