CITY OF MODESTO BOARD OF ZONING ADJUSTMENT AGENDA …

CITY OF MODESTO BOARD OF ZONING ADJUSTMENT AGENDA THURSDAY, OCTOBER 28, 2021, 10:00 AM

BASEMENT CHAMBERS 1010 TENTH STREET – MODESTO, CA

I. ROLL CALL

Some Board Members may be participating in the meeting remotely via teleconferencing or other electronic means consistent with AB 361.

THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC AND BY ZOOM VIDEO CONFERENCING AND TELEPHONE

In order to minimize the spread of the COVID-19 virus, this meeting will be conducted pursuant to AB 361, which amended the Brown Act’s teleconferencing provisions. If you choose to attend the Board meeting in person, you will be required to wear a face covering and maintain appropriate social distancing, including maintaining a 6-foot distance between yourself and other individuals. Please note, seating will be limited.

You may observe a livestream of the meeting at http://media.modestogov.com. You may also participate in the meeting as indicated below.

Joining the Board of Zoning Adjustment meeting via Zoom

The City of Modesto is offering the ability to view and participate in Board of Zoning Adjustment meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:

• Enter the following link into an Internet Browser https://us06web.zoom.us/j/85088388381,

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Joining the Board of Zoning Adjustment meeting via Telephone

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Providing Public Comment on Zoom and by Telephone

The Board of Zoning Adjustment Chair will open each public hearing item for public comment Once the Chair has announced the public comment period, please do one of the following.

CITY OF

MODESTOC A L I F O R N I A

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Board of Zoning Adjustment Agenda Page 2 October 28, 2021

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Providing Public Comment via Email

If you wish to submit a public comment in writing, please submit your comment, to the Recording Secretary at [email protected] prior to the start of the meeting. All comments will be shared with the Commission and placed in the record. Every effort will be made to read your comment into the record, but some comments may not be read due to time limitations.

II. APPROVAL OF MINUTES

Minutes of the regular meeting of September 23,2021.

III. CONFLICT OF INTEREST DECLARATION

Board Members and staff may now declare conflicts of interest for the purpose of determining if a quorum will be present to act on each item in the order shown on the agenda.

IV. PUBLIC HEARING

Item A VAR–21-003 - A variance to allow a seven-foot-high fence within the required street side setback on the property located at 408 Enslen Park Court; submitted by Katherine Todd. Contact Info: Sean Manalo, 577-5267, [email protected]

Item B CUP-21-009 – A Conditional Use Permit to allow for a self-storage facility, located at 2012 McHenry Avenue; submitted by Amerco Real Estate Company (U-HAUL). Contact Info: Sean Manalo, 577-5267, [email protected]

V. OTHER BUSINESS

Item C 2022 PC/BZA/LPC Meeting Schedule

VI. ORAL COMMUNICATIONS

These matters may be presented by interested persons in the audience, staff or Board Members (see Notice at end of agenda cover). Under State law, Board Members may respond to matters being presented under this item only as follows:

mailto:[email protected]



Board of Zoning Adjustment Agenda Page 3 October 28, 2021

(a) Briefly respond to statements made or questions raised; (b) Ask a question for clarification; (c) Provide a reference to staff or other resources for factual information; (d) Request staff to report back at a subsequent meeting; (e) Finally, a Board Member, or the Commission itself, may take action to direct staff to

place a matter of business on a future agenda.

VII. MATTERS TOO LATE FOR THE AGENDA

These may be presented by members of the Board of Zoning Adjustment and staff, upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that: 1) there is a need to take immediate action, and 2) that the need for action came to the City’s attention after the agenda was posted.

VIII. ADJOURNMENT

Copies of the agenda are on file at the Stanislaus Library Reference Room, 1500 I Street, Modesto, in the office of the Planning Division, Third Floor, 1010 Tenth Street, Modesto, CA., and online at

https://www.modestogov.com/AgendaCenter/Planning-Commission-11.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this

meeting, please contact the Board of Zoning Adjustment Secretary at 209.577.5267. Assistive listening devices

are available upon request to the Board of Zoning Adjustment Secretary. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. In

accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section

11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of

Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA

Notice: Persons who wish to speak to the Board of Zoning Adjustment regarding any item on the printed agenda, including oral communications, are encouraged to please submit your comment, to the Recording

Secretary at [email protected]. All comments will be shared with the Commission and placed in the record. Every effort will be made to read your comment into the record, but some comments may not be read

due to time limitations.

Posted pursuant to Government Code Section 54954.2 on ___________________ at __________ by on the bulletin board at Tenth Street Place.

https://www.modestogov.com/AgendaCenter/Planning-Commission-11

https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA


10/20/2021

LIST OF INVOLVED PARTIES FOR THE BOARD OF ZONING ADJUSTMENT AGENDA OF OCTOBER 28, 2021

At the Board Members’ request, staff has compiled a list of individuals having a personal/financial interest in the

matters contained in the accompanying agenda report to assist in identifying potential conflicts of interest.

ITEM A A VARIANCE TO ALLOW A SEVEN-FOOT-HIGH FENCE WITHIN THE REQUIRED STREET SIDE SETBACK ON THE PROPERTY LOCATED AT 408 ENSLEN PARK COURT.

Relationship Name/Address

Applicant/Owner Katherine Linette, 408 Enslen Park Court, Modesto, CA 95354

ITEM B A CONDITIONAL USE PERMIT TO ALLOW FOR A SELF-STORAGE FACILITY, LOCATED AT 2012 MCHENRY AVENUE; SUBMITTED BY AMERCO REAL ESTATE COMPANY (U-HAUL).

Relationship Name/Address

Applicant Store Master Funding VII, 8377 E. Hartford Drive, Suite 100, Scottdale, AZ 85255

Owner AMERCO Real Estate Company, 1109 S. Main Street, Manteca, CA 95337 Representative MSA, 1430 Blue Oak Boulevard, Suite 110, Roseville, CA 95747

City of Modesto Board of Zoning Adjustment Minutes

September 23, 2021

1

Being the hour of 10:00 am, the meeting was called to order by Chairperson Goriel.

I. ROLL CALL

Board Members Blom, Desai, Niskanen, Goriel, Rodriguez and Vohra present

II. APPROVAL OF MINUTES

It was moved by Board Member Niskanen, seconded by Board Member Desai, and carried by majority that the minutes of the regular meeting of August 26, 2021, be approved. Board Member Blom abstained from voting, since he was not present at the August 26, 2021, meeting.

III. CONFLICT OF INTEREST DECLARATION

None

IV. PUBLIC HEARINGS

Item A VAR–21-002 - A Variance to allow a seven foot high fence within the required setback on the property located at 3108 Rush Court; submitted by Krishneel Chand (continued from August 26th) Contact Info: Sean Manalo, 577-5267 [email protected]

Motion/Action (Approved)

It was moved by Board Member Vohra, seconded by Board Member Desai, and carried unanimously (Blom, Desai, Niskanen, Rodriguez, Vohra, Goriel, ayes; None, noes; None, absent; None, recused) that the Board of Zoning Adjustment adopt Resolution No. 2021-09 A RESOLUTION GRANTING A VARIANCE TO Allow A SEVEN FOOT (7 foot) FENCE WITHIN THE REQUIRED SETBACK ON THE PROPERTY LOCATED AT 3108 RUSH COURT; SUBMITTED BY KRISHNEEL CHAND

V. OTHER BUSINESS

None.

VI. ORAL COMMUNICATIONS

None

VII. MATTERS TOO LATE FOR THE AGENDA

None

VIII. ADJOURNMENT

The meeting was adjourned at 10:13 am.

Original, signed copy on file in CEDD

Steve Mitchell, Secretary


Board of Zoning Adjustment Agenda Report October 28, 2021

Public Hearing Item A Page 1

CITY OF MODESTO BOARD OF ZONING ADJUSTMENT STAFF REPORT

1010 10TH STREET MODESTO CA 95354

(209) 577-5267 – (209) 491-5798 (fax)

TO: Chairperson Goriel and Members of the Board of Zoning Adjustment

PREPARED BY: Sean Manalo, Assistant Planner Contact Info: 209-577-5302 / [email protected]

APPROVED BY: Steve Mitchell, Planning Manager

DATE: October 21, 2021

SUBJECT: VAR–21-003 - A variance to allow a seven-foot-high fence within the required street side setback on the property located at 408 Enslen Park Court; submitted by Katherine Todd.

RECOMMENDATION

Resolution granting a variance to allow a seven foot (7’) high fence to encroach 7 feet 6 inches (7’6”) into the street side setback facing Park Avenue, property located at 408 Enslen Park Court.

BACKGROUND

408 Enslen Park Court is a single-family residence within the Low Density Residential (R-1) Zone on the southwest corner of Park Avenue and Enslen Park Court. The parcel is part of a subdivision created in 1926 and the existing main dwelling was constructed in 2006/2007. The applicant contacted the City of Modesto Planning Division to inquire about the process of installing a street side yard fence to provide privacy and security for themselves and their family. Planning staff instructed the applicant on location options for the proposed fence that would comply with the City’s street side setback requirements. The applicant explained that the preferred location for a fence would not be compliant with street side setback requirements because the applicant would like to create a private side yard. A variance application was submitted on August 24, 2021 to grant the applicant permission to install a seven-foot-high fence within the street side setback.

PROJECT DESCRIPTION

This is a request for a variance from Modesto Municipal Code Sections 10-4.106(d) pertaining to the street-side setback of 7 feet 6 inches (7’6”) on a lot legally created prior to July 7, 1955, within the residential zones. The variance is requested to allow a 7-foot-tall (7’) wooden fence to encroach 7 feet 6 inches (7’6”) into the street side setback to be located on the property line along Park Avenue. The applicant is proposing to install a fence sixty feet (60’) in length on the street side property line facing Park Avenue to create a 20-foot-wide (20’) enclosed side yard for the purposes of creating a private useable yard area to supplement the limited backyard space that exists at the rear of the property and to create screening for three windows on the east side of the home. The proposed fence is similar to the placement of existing fences in the surrounding vicinity. This is due to the fact much of this area was developed before 1955, before the Zoning Code established setbacks for fences.





ANALYSIS

In order to grant a variance, the Board must make the following three findings:

1. There are special circumstances or conditions applicable to the property or building in question which do not exist for other property or buildings in the same zone and immediate vicinity.

2. The special circumstances or conditions are such that strict application of the provisions of this Title would deprive the applicant of practical use of the property or buildings.

3. Granting the variance will be consistent with the intent and purpose of this Title and

will not be detrimental to the neighborhood or public welfare. Staff believes that the required findings to approve a variance can be made for the following reasons:

There are special circumstances or conditions applicable to the property or building in question which do not exist for other property or buildings in the same zone and immediate vicinity.

The special circumstance is the property is located in an older neighborhood, where there are numerous other homes nearby that have or that were approved to have fences at the property line or well within the required setback area. This is not common in the R-1 Zone.

The special circumstances or conditions are such that strict application of the provisions of Section 10-4.102 of Title 10 of the MMC, would deprive the applicant of practical use of the property or buildings. Currently without a fence, the eastern side of the home is left vulnerable to a lack of privacy and frequent vandalism by passer-by and transient residents. If the applicant were to comply with the 7-foot 6-inch (7’6”) street side setback code requirement, they would address privacy and security issues, but would lose much of the usable street side yard area on the property for private use that other properties in the neighborhood enjoy, especially since the existing rear yard on the property is limited. The construction of a fence at the proposed location will offer the applicant a functional private yard area along with the desired level of safety/security. Granting the variance will be consistent with the intent and purpose of this Title, and will not be detrimental to the neighborhood or public welfare. The proposal would not have a detrimental effect on the surrounding neighborhood because it will not be different than what already exists in the surrounding area. A fence cannot impact land use activity that will be detrimental to the public welfare.



In order for the Board to adopt a resolution and grant a variance, the Board must find that all three requirements have been proved by the applicant. Based on the findings presented above, staff supports the variance application and recommends that the Board approve the variance request.

ENVIRONMENTAL ASSESSMENT The proposed variance is exempt from CEQA under the Class 5, Minor Alterations in Land Use Limitations categorical exemptions (CEQA Guidelines§ 15305). ATTACHMENTS (included with Commissioners' packets only)

1) Board of Zoning Adjustment Resolution 2) Statement of Exemption EA/C&ED 3) Financial Interest Disclosure Form



AArea Map: Proposed Variance LocationVAR-21-03 at 408 Enslen Park Court

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VAR-21-003

BOARD OF ZONING ADJUSTMENT RESOLUTION NO. 2021-XX

A RESOLUTION GRANTING A VARIANCE TO ALLOW A SEVEN FOOT (7’) HIGH FENCE WITHIN THE REQUIRED STREET SIDE SETBACK ON THE PROPERTY LOCATED AT 408 ENSLEN PARK COURT; SUBMITTED BY KATHERINE LINETTE TODD.

WHEREAS, the minimum street side setback for a dwelling, accessory building or fencing on corner lots legally created prior to July 7, 1955 is seven and one-half (7’6”) feet pursuant to Section 10-4.406 of the Modesto Zoning Code; and

WHEREAS, an application for a variance from fence height limitations for the street side setback area at 408 Enslen Park Court was filed by Katherine Linette Todd on August 24, 2021; and

WHEREAS, Section 10-9.601 of the Modesto Municipal Code authorize the Board of Zoning Adjustment to grant variances subject to findings in Section 10-9.602; and WHEREAS, the proposed variance is exempt from CEQA under the Class 5 categorical exemptions listed in CEQA Guidelines§ 15305; and

WHEREAS, a public hearing was held by the Board of Zoning Adjustment on October 28, 2021, in Chambers, Tenth Street Place, 1010 Tenth Street, Modesto, California, at which hearing evidence both oral and documentary was received and considered; and

NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Adjustment that it finds as follows:

1. There are special circumstances or conditions applicable to the property or building in question which do not exist for other properties or buildings in the same zone and immediate vicinity, because there are numerous homes in the neighborhood with fences on property line or within the required setback area. This is not common in the R-1 Zone, but is common for surrounding residences that pre-date current setback requirements.

2. The special circumstances or conditions are such that strict application of the provisions of this Chapter would deprive the applicant of practical use of the property or buildings, because the strict application of the code would deprive the applicant of practical use of a private side yard area that other properties in the area enjoy; especially since the existing rear yard on the property is limited.

3. Granting the variance will be consistent with the intent and purpose of this Chapter and will not be detrimental to the neighborhood or public welfare because it will not be different than what already exists in the area.

Res No. 2021-xx Page 2

VAR-21-003

BE IT FURTHER RESOLVED by the Board of Zoning Adjustment that it hereby grants to Katherine Linette Todd a variance from the provisions of Section 10-4.106 of the Modesto Municipal Code to permit a fence that exceeds the height limitations for the street side setback area.

The foregoing resolution was introduced at the regular meeting of the Board of Zoning Adjustment held on October 28, 2021 by Board Member_______, who moved its adoption, which motion was seconded by Board Member _______, and carried by the following vote:

Ayes: Noes: Absent: Recused:

BY ORDER OF THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF MODESTO.


P.O. Box 642, Modesto, CA 95353 www.modestogov.com Phone: (209) 577-5267 • Fax: (209) 491-5798

City of Modesto

Community and Economic

Development Department/Planning Division

1010 Tenth Street, Third Floor

Modesto, CA 95354

NOTICE OF EXEMPTION Environmental Assessment No. EA/C&ED 2021-29

Project Title: VAR-21-003 Project Location: The project is located in Stanislaus County within the City of Modesto, at 408

Enslen Park Court. Project Description: This is an application for a VARIANCE to allow a seven foot (7’) within the required street side setback Public Agency Approving Project: City of Modesto Applicant (Appellant): Katherine Linette Todd Section of CEQA Under Which Project is Exempt: CEQA Guidelines Section 15305 Reasons Why Projects are Exempt: The project is exempt from CEQA because it lies under the Class 5, Minor Alterations in Land Use Limitations (Categorical Exemptions).

Sean Manalo 209.577.5267

Date: 08/30/2021 Title: Assistant Planner


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FINANCIAL INTEREST DISCLOSURE FORM GUIDELINES

City ordinance requires that all individuals with a material interest in a decision of theCity Council must be disclosed. The following is for your assistance in completing theattached disclosure form:

1. For all of the below, corporate names/LLC’s/limited partnerships are not acceptablein and of themselves, all individuals with an interest of $2000 or more must bedisclosed in these cases.

Individuals with a material interest include all property owners.2 .

Individuals with a material interest include any developer.3 .

4. Individuals with a material interest include any architect, engineer, or other designprofessional.

Individuals with a material interest include the applicant’s attorney or otherrepresentative.

5 .

Individuals with a material interest include any real estate agent who is party tothe transaction.

6 .

Individuals with a material interest include any contractor constructing the projectfor which the contract has been arranged by the time of the hearing.

7 .

The above is for guidance only and not an inclusive list of all individuals at interest. Youhave a responsibility to determine and list all individuals in accordance with the Tests ofMateriality as set forth on the attached.

Community & Economic Development Department EUpdated: 06/25/20

FINANCIAL INTEREST DISCLOSURE FORM

All persons included within the meaning of either of the following tests have a materialfinancial interest in an agreement, or application for development rights, submitted for approvalor disapproval by the City Council, and shall be identified by the applicant, by name.

Tests of Materiality:

Whether it is foreseeable to a reasonable person that the value of their interest inproperty available for use by an applicant, or their interest in the applicant itself,may increase or decrease by an amount greater than $2,000.00 as a direct orindirect result of Council action on the applicant' s agreement or application fordevelopment rights.

Whether it is foreseeable to a reasonable person that the person' s gross incomefrom the applicant may increase or decrease by a sum greater than $2,000.00 as adirect or indirect result of Council action on the agreement or application fordevelopment rights.

1.

2 .

It is the legal obligation of all applicants for approval of an agreement or of an applicationfor development rights to verify in writing, under penalty of perjury, that the identity of eachperson having a material financial interest in the agreement or application or development rightsis true, correct and complete. The applicant understands that this information is provided underpenalty of perjury, and that intentionally supplying misinformation or deception may result ineither invalidation of the agreement or application, or criminal prosecution for misdemeanorviolation of the Modesto Municipal Code, or both. Negligent provision of misinformation shallbe grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant hasa continuing obligation to maintain the truth, accuracy and completeness of the financial interestdisclosure information provided below until after final consideration by the City Council of anymatter arising out of or relating to the agreement or application.

PROJECT:

APPLICANT SIGNATURE

LH'\APPLICANT NAME { type or print )

In accordance with the requirements of Title II of the Americans with Disabilities Act ("ADA’ ) of 1990, the FairEmployment & Housing Act ("FEIIA"), the Rehabilitation Act of 1973 (as amended), Government Code section/ 1135 and other applicable codes, the City of Modesto ("City") will not discriminate against individuals on thebasis of disability in the City’s services, programs, or activities. For more information, please visit the City ofModesto website: https://www.modestosiov.com/H65/Americans-with-Disabilities-Act-ADA

Updated: 06/25/20

NAMES

Property Owner(s)- (Please list name of company and names of individual names of said company)

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Developer(s)- (Please list name of company and names of individual owner(s) of company)

Architect(s), Engineer(s) or Other Design Professional(s)- (Please list name of company and namesof individual owner(s) of company)

Attorney(s) or Representative(s)- (Please list name of company and names of individual owner(s)of company)

Real Estate Agent(s)- (Please list name of company and names of individual owner(s) of company)

Contractor(s)

Other- (Investors, Trustees, etc.)

Updated: 06/25/20


Public Hearing Item B Page 1

CITY OF MODESTO BOARD OF ZONING ADJUSTMENT STAFF REPORT

1010 10TH STREET MODESTO CA 95354

(209) 577-5267 – (209) 491-5798 (fax)

TO: Chairperson Goriel and Members of the Board of Zoning Adjustment

PREPARED BY: Sean Manalo, Assistant Planner Contact Info: 209-577-5302, [email protected]

APPROVED BY: Steve Mitchell, Planning Manager

DATE: October 21, 2021

SUBJECT: CUP-21-009 – A Conditional Use Permit to allow for a self-storage facility, located at 2012 McHenry Avenue; submitted by Amerco Real Estate Company (U-HAUL).

RECOMMENDATION

Resolution granting a Conditional Use Permit to Amerco Real Estate Company (U-HAUL) for a self-storage facility, located at 2012 McHenry Avenue.

BACKGROUND

The proposal is part of an existing highway commercial development located on the back parcel on the northeast corner of McHenry Avenue and Tokay Avenue within the Highway Commercial (C-3) Zone. In accordance with Section 10-3.101 of the Modesto Municipal Code, self-storage facilities in the C-3 Zone are subject to a Conditional Use Permit. The adjacent areas to the south and east of the property are zoned as Low Density Residential (R-1), and are developed with dwelling units and a church on the southwest corner of Tokay Avenue and Toyon Avenue. The adjacent areas to the north and west across McHenry Avenue are zoned for Highway Commercial (C-3) use and are developed with commercial uses.

PROJECT DESCRIPTION

The applicant proposes to operate a self-storage facility during business hours of 7:00AM-7:00PM on Monday-Saturday and 9:00AM-5:00PM on Sunday, with plans to expand operations to include truck/trailer sharing that will not be available at the start of business but will be available at a future date.

The proposed development will include one existing two-story building on the site with a footprint of 29,438 square feet and a height of 29 feet be modified to allow for two stories of indoor storage. Additional modifications for this structure include cutting two garage doors for loading/unloading, the replacement of a glass style roof with solid roofing material, and the conversion of an existing door to a sliding door for loading. In addition, a new single-story building with stackable storage will be constructed west of the existing building. The new structure will have an 8,762 square foot footprint and a height of 42 feet.



Board of Zoning Adjustment Agenda Report October 28,2021


ANALYSIS

The proposed business is located in an existing commercial building in an established commercial center and is separated from the adjacent residential uses by Tokay Avenue to the south, and an existing six-foot high masonry wall to the east. The business should not be detrimental to the properties, or improvements in the vicinity due to the existing buffers. Staff reviewed the site plan/elevations for the proposed U-HAUL facility and worked with the applicant to achieve the following landscaping and architectural upgrades, and clarifications to the project:

• Revised elevations to conform with the City’s Commercial Design Guidelines. The Applicant also clarified that the building exterior finish would be stucco, even though the building elevation drawings appear to show a metal finish to the building.

• Revised landscape plans that include the use of anti-graffiti coating on the 6-foot-high masonry wall to the South of the property facing Tokay Avenue to prevent/deter future graffiti.

• Revised landscape plans that include the use of enhanced green landscaping features such as climbing vines, evergreen shrubs, etc. to upgrade the existing site in front of the masonry wall to the South of the property facing Tokay Avenue.

A self-storage facility generates minimal traffic and noise and would be compatible with surrounding uses. Additionally, the conditions in the resolution outline aspects of the project that shall comply with current City of Modesto Standards and Regulations. Therefore, Staff recommends approval of the proposed Conditional Use Permit.

GENERAL PLAN CONSISTENCY

The General Plan Land Use Designation for the subject property is Commercial “C” which allows for a range of commercial uses to serve the Modesto population. The proposed conditional use permit is thus in conformance with the General Plan.

ZONING CONFORMANCE

The site is zoned and approved for Highway Commercial (C-3) uses. Under this zone, a self-storage facility is allowed with a Conditional Use Permit under MMC Section 10-3.101. With an approval, the proposed use will be in conformance with the Zoning Ordinance.

ENVIRONMENTAL ASSESSMENT

This project is Categorically Exempt under Section 15303 of the CEQA Guidelines, which exempts the construction and location of limited numbers of new, small facilities or structures and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.



ATTACHMENTS (included with Board packets only)

1. Draft Board of Zoning Adjustment Resolution 2. Statement of Exemption EA/C&ED No. 2021-30 3. Financial Interest Disclosure Form

Board of Zoning Adjustment

Public Hearing Item

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Area Map: Conditional Use Permit LocationCUP-21-09 at 2012 McHenry Avenue



Site Photos (Current)

Board of Zoning Adjustment


Initial Renderings Submitted

(August 2021) U-HAUL

MOV ING & STORAGE AT MCHENRY2004-2012 McHenry Ave., Modesto, CA 95350

MOVING & STORAGE AT MCHENRY2004-2012 McHenry Avc., Modesto, CA 95350

Initial Elevations Submitted

(August 2021)

U-HAUL

MOVING & STORAGE AT MCHENRY2004-2012 McHenry Avc.. Modesto. CA 95350

2011 DRIVE-IN STORAGE:LOAD/UNLOAD

West Elevation

ITNorth Elevation South Elevation

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U-HAUL

MOVING & STORAGE AT MCHENRY2004-2012 McHenry Avc., Modesto, CA 95350

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24/7DRIVE-IN STORAGE

2 WEST ELEVATIONNORTH ELEVATION1 Scale: 1/16' = TScale: 1/16* = 1'

WEST ELEVATIONO WEST ELEVATION 4 Scale: 1/16’ = 1'Scale: 1/16" = 1

Revised Renderings Submitted

(October 2021)

U-HAUL

MOV ING & STORAGE AT MCHENRY2004-2012 McHenry Avc., Modesto.CA 95350

U-HAUL

MOV ING & STORAGE AT MCHENRY2004-2012 McHenry Ave., Modesto, CA 95350

Revised Elevations Submitted

(October 2021)

LI-HAUL

MOVING & STORAGE AT MCHENRY2004-2012 McHenry Ave., Modesto, CA 95350

2011 DRIVE-UP STORAGE:LOAD/UNLOAD

ma ED —i LJWEST ELEVATIONScale: 1/20" = 1

TTNORTH ELEVATION SOUTH ELEVATIONScale: 1/20' = V Scale: 1/20’ = 1'

EAST ELEVATIONScale: 1/20’ = 1

U-HAUL


2012

24/7DRIVE-UP STORAGE

i

2 WEST ELEVATIONNORTH ELEVATIONScale: 1/16' = 1Scale: 1/16" = 1

k

A SOUTH ELEVATIONO EAST ELEVATION

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Exterior Architectural Details

(October 2021)

U-HAUL


ATAS ISOLEREN IMHeavy Troweled Stucco Texture

ATAS ISOLEREN IMHeavy Troweled Stucco Texture

ATAS GALVALUMERigid Wall III

Ml IBNORTH ELEVATION1 ATAS ISOLEREN IM

Heavy Troweled Stucco TextureATAS GALVALUMERigid WALL III

ATAS GALVALUMERigid WALL III

Isoleren IM 2012

SKU:IIM

Thickness (A):r.2'/»‘.r.«nd 4'

Exterior Texture:troweled EmbossedStandardLengths:ff-CTto 40'-0‘

24/7U-HAULDRIVE-UP STORAGE

42'f

S3m m

3” THICK IMP MEETS SUSTAINABLE LEED STANDARDSBY PROVIDING SUPERIOR R-VALUE INSULATION FOR

GREATER THERMAL EFFICIENCY

2 WEST ELEVATION

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•toyd A«« To»d A,.Asian Market

• (

WhitmoreI •

S a m H a r n e dL a n d s c a p eA r c h i t e c t u r e

2 2 7 5

Exis&ng shade treesKtocent parcels, typ

ProjectLocation 9 O •e

Oakdale . CA 95361209 1 0 0 - 7 3 7 4

New parting lot striping perOvO engineer's plans

New parkinglot planter island I SproutsIwith parking lot shade treeN/Fand low landscape, typ at (4) t 16?5McHwiryAw.ROBERT & BARBARA SEMANS TRUSTlocations Modulo.CA 4S350DEED

PARCELH120046060000 E. Grangei AvenueEX CONC. VALLEYGUTTER Dunn Bvos CoffwD* :•

Z VICINITY MAP8EX SEWER-CLEANOUT . EX FIRE HYDANT

pr SITE CONCEPT NARRATIVE Prepared for50 crUT1

This project IS a rehaMitabon of an existrig site that includes a new budding and ad|ustmer«s lo theexisbng parking kx The new padung aiea witproject wil install new planting and litigation at the new planters, including padung lot shade beesPlant species selected lor bus protect wort wel in this region are water efficient, and are duxable lorlong-termmaintenance.

The protect irrigation wet uUro tha existing irrigation system, including piping and nlrastructure Theproject will upgrade the emission devices and remote control valves to be WELO compliant, asnecessary.

AMERCO Real EstateCompany1190 S Mam StreetManteca.CA 95337Ph.(209) 647-3694

oogand new island planters The

JO

EX 6'HIGH-MASONRY WAIL

PARCE6 -orCC

LANDSCAPE AREA CALCULATIONSN/F u 8OOPHYLLIS SANFILIPPO TRUSTDEED

PARCEIH12004606SOOO 745 sf.6.347 sf.7.092 sf

Landscape Areas at new planter islandsExisting landscape area along Tokay AvenueTotal landscape'APT! 046059 6i i ' Project

CONCEPT PLANT SCHEDULE

LLI <PARKING LOT SHADE TREE 4 oDeciduous shade bee m parking lot Blands matchexisbng species *1ik Elm) 15-gallon z>adjacent p

Uknus parvifoiia / Lacebark Elm 2zCOIDL DMA

> Q

i<INFILL SHRUBS 9Evergreen and deciduous shrubs lor background and midgroundplanting 5-gallonCallBtemon vmnalls 'DWe John’ I Little John Weeping BottlebrushNandlna domestica 'Compada' I Dwarf Heavenly BambooRhaphldepls Indlca Ballerina' / Ballerina Indian Hawthorn

at I Yedda Hawthorn

Z)

X zLLI=5 X

w

23RlP>

3.399 sf OOW SPREADNG GROUNOCOVERvergreen ground cover. 12“-18" height. 1-gallon

Juniperus horizontal* / Creepsig JuniperMyoporum parvtfokum / Trailing MyoporumRosmarnus officinalis 'Huntmglon Carpet* / Huntington Carpet Rosemary

L s5C\J 2CMo oC M CMExisbng bee. to remain

PRELIMINARY WELO CALCULATIONSThe calculations provided below are an obal estimate of water usage tor the planting and irrigationdesign being proposed with this plan Hydrozones are approximaled and may change with the fueldesign,but the overall intent wll remain and compliance with WELO wil be achieved

City (ETo): Modesto (49.7)

Revision

No Desc. Date

TractIrnoahon HE) Facial

Drip (0 81) 0.3

222 BB7.092 sf

wScOL IPgfETWU(Q1)

80.938Ptarrt Ty

Shrubs Low

Total 7.092 sf80.938 gal98.340 gal

80,938Estimated Total Water Use (ETWU):

Maximum Applied Water Allowance (MAWA):

Estimated Average ETAF

Maximum Allowable ETAF

037Date

Drawn06Oct 2021045

RSH

RSHChecked

Protect No

Scale:

PROJECT INFORMATION 21-040Project Name: UHAUL 2012 McHenryProject Applicant: AMERCO Real Estate CompanyProject Address: 2012 McHenry Avenue. Modesto. CATotal Landscape Area: 7.092 sfProject Type: Private CommercialWater Supply: Municipal PotableOwner Information:

AMERCO Real Estate Company1190 S. Main StreetManteca, CA 95337(209) 647-3694Contact: Chris Trudell

r=2ff-o-fSheet

PreliminaryLandscape

Plan'T'NORTH

Existing tree. to remainExisting CMU wall, to remain.Re-surface with anti-graffiti paint

Low spreading ground coverto fill in existing planter andunderneath exisbng shrubs

Low spreading ground coverto Min exisbng planter andunderneath existing shrubs

Low spreadxig ground coverto fill m exisbng planter Exisbng large evergreen

shrubs along CMU wall, to

L1811before youdk»

^Tafts-CADPtetenttl -OtoLSPrelm-ftoOl cfeg2021\21-040-UHBLII 2012I

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Page 1

2

Proposed Site Plan for:U-Haul

2012 McHENRY AVENUEi ii w w w w w w \m)A: -A v ^ -\-W^w w w w w w w wi

N/FROBERT R BARBARA STMANS TRUST

DEEDPARCEL*120046060000 -EX CONC. VALLEY

GUTTER CITY OF MODESTO STANISLAUS COUNTY CALIFORNIASCALE:I” = 20' DATE: OCTOBER 7,2021

I d

*I£IEX St VVER

CLEANOUT VEX SEWER -rir - vni.T EX FIRE HYDANTFOUND 3/4 " IRON PIPE

W/UNREADABLE TAG(FLUSH)

£ SB9-37 JQ f 402 97|R)_ N

S’ 41-ffmfflmninn '— 1 1

to

I EX SEWER CLEANOUT10" PUBLIC

X UTILITY EASEMENT0m'5

i N/FI I I I I I JOSE MIRANDA

DEEDPARCEL*120046022000

/

1 & 2 EX 6' HIGH-MASONRY WALLI I I I I II itI hi I0r <y

152» I Iyi EX PARKING LOTLIGHT TO REMAIN

£T5N/F oI I I I IPHYLUS SANFILIPPO TRUSTDEED

PARCEl*1200460650002j74 2'a *i;S|l'2

ilz

1184 i VICINITY MAPi i *2

w \\ % \ V-A-V\ \\ \\ v^ ^ \ >

120 04b OS9STORfMASTER FUNDING VII=1 /-EX STRIPING

/ TO BE REMOVED s2 zI I I I PROJECT INFORMATION:I f-

Property Owner:Store Matter FuruAne VI. LLC8S01Princess Dove. Sixte 190Scottsdale. A1862SSPh (408) 2*6-1100

DeveloperAMERCO Real Estate Company

03 ii ii ii

zdtti tm3D ACCESSEASEMENT Oif-EX SIGN TO BE

REMOVED 1190 S Main StreetManteca. CA 9S337Ph (209) 642-3694

N/FI IIII o2,e> I MARCOS FIGUEROA

DEEDPARCEL*!20046038000

-EX STRIPING ANDPLANTERS TO BEREMOVED

SFOUND 3/4" IRON PIPE ->W/UNREADABLE TAG(FLUSH)

|EX PARKING LOT -LIGHT TO REMAIN sate,1EXT Company

Oaks boulevard Suite 110die. CA 9S74716) 7R8 -44S6

Parcel000

Gross Site Area:11MH 1 vquwefret

LHn / n /J n n n r . /iA

v //5 // // // // // // >/ /0^*#-w- -H —/f— H- -H —II— H- ygt-a// II // II // // //

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1430BlueRowPh (9" U u A

// // // 2

-ft —//— H- -H// // // II // S

57.531!G.S.F. (2 FLOORS)HEIGHT-29'1*7 K . Iw I\ Number:Assessors I

120-046-059oi. N/F

KT PATRICK & PATRICIANEUGAN

DEED .PARCEL* /

120W6032000 /

Is.9r

VJ EX BOLLARD (TYP)N 00-49’lff 'W

J ||<f u I sin Zoning:

ExistmjfZone -Proposed Zone

Adjacent Zoning:North:C-3 (Highway Commercial)East: R 1 (Low Oensity Residential)South R-l(Low Density Residential)West C J (M«hwayCommercial !Land Use:Existing•Building I vacant )

Proposed * Truck & Trailer Sherir*(CUP)Serf Storage Facility (CUP)

C-3 (Highway Commercial)= C-3 (Highway Commercial)I iEX STRIPING AND-

PLANTERSTOBEREMOVED

dll /5 0* ITRUCK

LOADINGRAMP

I I/R-90.00’ -L-75.94"fl=48'20'42-01-73 71"

NNXXX'300\ ''fc iL ^ £

v w w I\\ w w *r ^-V-V\ w W i \ w 5^ \ \ 'A \ \

M I " c t

\\ i\\ \\ \\i \\ \\ \\ XX \A|-VV 4-V V- } r -V 1

f\ w w • w w w w j w \ I^ \ \ V

I , I II 1 i-i rr n\ i —/ I “I EX STRIPINGTO BE REMOVED/ 5s Setbacks:

Front & Street -side:IBullding) MINIMUM IS FT.Front S Street -side (Parking) MINIMUM 10 FTRear S Side {building;adjacent to a residential tone)1. For1Story (MINIMUM/MAXIMUM) 10FT./40 FF.2 For 2-Story - (MINIMUM/MAXIMUM) 20 FT /40 FT3. For 3 Story or higher MINIMUM SO FT.

/ 5R-90.00 -1=7505"A=47-0*"30"CH-7L98"

I III fi-H ( 2T Jil Sl I I l II I

8I ,1IPROPOSED 1STORY BUIIDING II i:i •EX STRIPING ANOPLANTERS TO BEREMOVED

Height limit:(adjacent to residential tone) MAXIMUM 3 stones / 4S FT.,whichever isbe appted for through a CUP

lot Coverage:Mjinrom bulksngcoverage N/AMinimum lot area: N/A

lot width N/Alot depth N/A

/ 8.762!S FHEtGHT-42’1

I I I I I I II less H*her heights can/ to I ttl bi ia N/FTOP OF CASTING ELEV87.97 (FROZEN)

"

I I I IORGE AREUANESDEED

PARCEL*120046039000-I . .. .wJ-J&i! -^II I/ 57.r 53.7'I

/ y s f ^ s /f//1 // // { // // / // 1-J L . 4. 1

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^ Y 6_ L , :D #//

3 5 -<°Hj Screening:All loading areas shall be screened From public view using a eanety of metnods including walls,fences, landscaping,and bulding andsite design as determinedby the Director

For C -3 tone and its uses that abut R-lzone, a MINIMUM 8-ET.highdecorative masonry wall isrequired- The wall shall be decoratrve if visible to public. Where required tobe decorative,

masonry walls vhal include a cap treatment,pilasters of sufficent bulk and dimensions to appearm proportion to the h*ght and mass c4 the wall,andqualCy finished materials complimentary tothe extenor materials of the development Wan design and materials shaH be subject toreviewand approval by the Director Required walls vha« also be subject to the following requirements1 Walts shal be constructed usme masonry blocks, brick, or concrete2 Pilasters shaibe constructedot materials complementary to those of the wa*3 Pilasters shall be spaced no more than sixteen ( 16) feet on-center .4 Pilasters shal not be less than twenty four (24) inches m any dimension at the base andmay

be square or tapered (narrow at top. wider at base)

/ //MASONRY WALL

EX 6'PAASTCR EX RETAININGCURB'/I

i

1C¥ 3 iQO So oO N 89-36 S5- W 478.28 IR) —EX CURB ATJ

BACK Of WALX

5L- £ijb:bDb-^'

Lu -PLl-lC-IT.. JS ^ -4 - L. LL'-J\oDRIVEWAY TOP OF CASTING ELEV

89.SI (FROZEN! a**4 ParkingRequired:Self-Slor.gr: 4 vptcrv, plul 2 vpucpv (w r«idenl mjnjgvr'v quarters

ParkingProvided:52 Spaces

Trash Enclosures:All Irish will bekept intern.1lo the main buildingand rolled oul on pick -up day

Deviations from City Standards:None Proposed

EX FIRE HYDANT -I TOKAY AVENUE- 1 o2 o

r\ rSAN RAMON • (925) 866-0322ROSEVILLE . (916) 786-4456

VIWW CBANOG.CCAt

SURVEYORS PLANNERS

CUP-21-009

BOARD OF ZONING ADJUSTMENT RESOLUTION NO. 2021-XX

A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO AMERCO REAL ESTATE COMPANY (U-HAUL) TO ALLOW A SELF-STORAGE FACILITY BUSINESS ON A PROPERTY ZONED FOR HIGHWAY COMMERCIAL (C-3) USES LOCATED AT 2012 MCHENRY AVENUE.

WHEREAS, an application for a Conditional Use Permit for a self-storage facility and truck/trailer sharing on a property zoned for Highway Commercial (C-3) uses located at 2012 McHenry Avenue, was filed by AMERCO Real Estate Company (U-HAUL) on August 18, 2021; and

WHEREAS, Section 10-9.102 of the Municipal Code authorizes the Board of Zoning Adjustment to grant Conditional Use Permits for a self-storage facility in the C-3 Zone; and

WHEREAS, a public hearing was held by the Board of Zoning Adjustment on October 28, 2021, at which hearing evidence both oral and documentary was received and considered; and

WHEREAS, the proposed conditional use is exempt from CEQA, pursuant to Section 15303 of the CEQA Guidelines, which exempts the construction and location of limited numbers of new, small facilities or structures and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.

NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Adjustment that it finds and determines as follows:

1. The proposed conditional use permit is consistent with the objectives and

requirements of Title 10 (Zoning Regulations) because the regulations allow for self-storage facilities on a property approved for Highway Commercial (C-3) uses upon securing a Conditional Use Permit from the Board.

2. The proposed conditional use and the conditions under which it will

operate are consistent with the General Plan because the proposed use is located in an area designated as “Commercial” in the City of Modesto Urban Area General Plan that provides for a range of commercial uses to serve the Modesto population.

3. The proposed conditional use will not be detrimental to the public health, safety, or welfare or materially injurious to uses, properties or improvements in the vicinity because a self-storage facility generates minimal traffic and noise. Additionally, the location of the proposed self-storage facility is separated from the adjacent residential uses by Tokay Avenue to the South of the property, and a 6-foot concrete masonry wall to the East of the property.

Res. No. 2021-XX Page 2

CUP-21-009

4. The proposed conditions of approval will ensure compatibility with the surrounding uses because the main hours of operation of the self-storage facility will minimize the impact on traffic and noise to the surrounding community.

BE IT FURTHER RESOLVED by the Board of Zoning Adjustment that a conditional

use permit for 2012 McHenry Avenue be granted subject to the following conditions:

1. Prior to the issuance of a building permit, all development shall conform to the development plan and building elevations titled " U-HAUL Self-Storage Facility, 2012 McHenry Avenue Healthcare Way" as amended in red and stamped approved by the Community and Economic Development Director on October 28, 2021.

2. Prior to issuance of a building permit, any variation from the approved site plan or building elevations on file with the City must be reviewed and approved by the Director of Community and Economic Development.

3. All construction documentation shall be coordinated for consistency, including but not limited to, architectural, structural, mechanical, electrical, plumbing, landscape and irrigation, grading, utility and street improvement plans. All such plans shall be consistent with the approved entitlement plans on file with the Planning Department.

4. Prior to issuance of a building permit, the developer shall demonstrate the provision of storm water handling by either new on-site facilities, or via easements and a maintenance agreement with the Property Owners Association to utilize the existing private storm drain system, to the satisfaction of the City Engineer and the Director of Community and Economic Development.

5. Any new connection to City Water and Sewer Services shall be approved by the City Engineer.

6. Prior to occupancy of any structure, striping of parking stalls, aisles and driveways shall conform to the provisions of MMC Section 10-5.105, Parking Lot Design Standards.

7. Prior to issuance of a building permit, trash enclosures shall be designed using building materials, colors and finishes which are consistent or compatible with those used in the building of the development, as approved by the Community and Economic Development Director.

8. Exterior building elevations showing building wall materials, roof types, exterior colors and appropriate vertical dimensions shall be included in the development construction drawings.

9. All aspects of the project shall comply with current City of Modesto Standards and current California Building, Electrical, Plumbing, and Energy Codes adopted by the City of Modesto.


CUP-21-009

10. All aspects of the project shall comply with City of Modesto Standards and Fire Codes as required by the Fire Marshall. Submitted plans shall include but not be limited to the following:

a) The location of all fire hydrants within ninety feet (90’) of the FDC.

b) The location of all fire hydrants within two hundred feet (200’) of all sides of the building.

c) The installation of a fire sprinkler system that shall be monitored and carry a UL certificate.

d) The location of a fire sprinkler system shall be required, and all appropriate Modesto Standard Diagrams included.

e) The location of either a 1602-A or 1602-B DDCV where fire sprinkler water connects to City water facilities.

f) The location of any vehicle repairing/refueling locations on the property.

g) The address and/or suite number of all buildings on site.

11. Developer 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 current State of California water use requirements, Modesto Municipal Code (MMC) requirements and City of Modesto standards at time of submittal.

12. Developer shall provide enhanced landscaping along the existing planter along Tokay Avenue.

13. Developer shall provide, or protect in place, street trees along Tokay Avenue and spaced thirty-five (35’) on center maximum and located within seven feet (7’) of back of sidewalk, or curb.

14. Developer shall include the use of anti-graffiti coating on the 6-foot-high masonry wall to the South of the property facing Tokay Avenue to prevent/deter future graffiti.

15. All signs shall comply with the sign requirements of the C-3 Zone.

16. The facility shall adhere to the provisions of the City’s Noise Regulations as outlined in Title 4, Chapter 9 of the Modesto Municipal Code.

17. 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.

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


CUP-21-009

19. 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.

20. Project approval shall become null and void two (2) years following the effective date of approval or by October 28, 2023, unless a building permit is issued and construction is commenced, and diligently pursued toward completion.

21. 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.

Failure to comply with any of the above conditions is unlawful and will constitute grounds for revocation of the conditional use permit.

The foregoing resolution was introduced at the regular meeting of the Board of Zoning Adjustment held on October 28, 2021, by Board Member , who moved its adoption, which motion was seconded by Board Member and carried by the following vote:

Ayes: Noes: Absent: Recused:

BY ORDER OF THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF

MODESTO.

Original, signed copy on file in CEDD


3888513.1

P.O. Box 642, Modesto, CA 95353 www.modestogov.com Phone: (209) 577-5267 • Fax: (209) 491-5798

City of Modesto

Community and Economic

Development Department/Planning Division

1010 Tenth Street, Third Floor

Modesto, CA 95354

NOTICE OF EXEMPTION Environmental Assessment No. EA/C&ED 2021-30

Project Title: CUP-21-009 Project Location: The project is located in Stanislaus County within the City of Modesto, at 2012

McHenry Avenue. Project Description: This is an application for a CONDITIONAL USE PERMIT to allow a self-storage facility at 2012 McHenry Avenue. Public Agency Approving Project: City of Modesto Applicant (Appellant): Amerco Real Estate Company (U-HAUL) Section of CEQA Under Which Project is Exempt: CEQA Guidelines Sections 15303 Reasons Why Projects are Exempt: This project is Categorically Exempt under Section 15303 of the CEQA Guidelines, which exempts the construction and location of limited numbers of new, small facilities or structures and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.

Sean Manalo 209.577.5302

Date: 10/08/2021 Title: Assistant Planner


Updated: 06/25/20

FINANCIAL INTEREST DISCLOSURE FORM GUIDELINES

City ordinance requires that all individuals with a material interest in a decision of the City Council must be disclosed. The following is for your assistance in completing the attached disclosure form: 1. For all of the below, corporate names/LLC’s/limited partnerships are not acceptable

in and of themselves, all individuals with an interest of $2000 or more must be disclosed in these cases.

2. Individuals with a material interest include all property owners. 3. Individuals with a material interest include any developer.

4. Individuals with a material interest include any architect, engineer, or other design

professional.

5. Individuals with a material interest include the applicant’s attorney or other representative.

6. Individuals with a material interest include any real estate agent who is party to

the transaction.

7. Individuals with a material interest include any contractor constructing the project for which the contract has been arranged by the time of the hearing.

The above is for guidance only and not an inclusive list of all individuals at interest. You have a responsibility to determine and list all individuals in accordance with the Tests of Materiality as set forth on the attached.

Community & Economic Development Department

Updated: 06/25/20

FINANCIAL INTEREST DISCLOSURE FORM

All persons included within the meaning of either of the following tests have a material financial interest in an agreement, or application for development rights, submitted for approval or disapproval by the City Council, and shall be identified by the applicant, by name.

Tests of Materiality:

1. Whether it is foreseeable to a reasonable person that the value of their interest in property available for use by an applicant, or their interest in the applicant itself, may increase or decrease by an amount greater than $2,000.00 as a direct or indirect result of Council action on the applicant’s agreement or application for development rights.

2. Whether it is foreseeable to a reasonable person that the person’s gross income

from the applicant may increase or decrease by a sum greater than $2,000.00 as a direct or indirect result of Council action on the agreement or application for development rights.

It is the legal obligation of all applicants for approval of an agreement or of an application

for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the agreement or application or development rights is true, correct and complete. The applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.

PROJECT: ____________________________________

APPLICANT SIGNATURE __________________________________ APPLICANT NAME (type or print)

In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website: https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA

Chris Trudell

Chris Trudell

https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA

Updated: 06/25/20

NAMES Property Owner(s) – (Please list name of company and names of individual names of said company) Developer(s) – (Please list name of company and names of individual owner(s) of company) Architect(s), Engineer(s) or Other Design Professional(s) – (Please list name of company and names of individual owner(s) of company) Attorney(s) or Representative(s) – (Please list name of company and names of individual owner(s) of company) Real Estate Agent(s) – (Please list name of company and names of individual owner(s) of company) Contractor(s) Other – (Investors, Trustees, etc.)

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