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Summer 2007

Article Title  
Developer Fees Annual Increase Read Article
Best Practices:  First Place Guidelines Read Article
Project Update: Mixed-use Project Read Article
Service Update: Building Inspection Interactive Voice Response Read Article
Plan Updates: Community Projects Read Article
Division Manager: New Leadership Read Article
New Employees & Promotions Read Article
Joining Our Team Read Article
How Can We Help You? Read Article


Developer User Fees Annual Increase

City Council Resolutions No. 2003-446 and No. 2005-278 provide for the annual adjustment of certain Development User Fees. The adjustment is based on the U.S. Department of Labor Employment Cost Index-State & Local Government Employees, as published by the Bureau of Labor Statistics. These figures are published on a quarterly basis. The Development User Fees annual adjustment is based on the 4th quarter adjustment figure for the previous calendar year, ending December 31st.

The Development User Fees annual adjustment, effective July 1, 2007, was 4.1%.

The following fees have been adjusted:

� Planning Fees

� Engineering Development Fees

� Encroachment Permit Fees

� Trench Restoration Fees

� Fire Department Fees

� Landscape & Irrigation Fees

� Building Permit Fees

Please visit the Development Center Fees section at:



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Best Practices: first place guidelines

The "Guidelines for Small-Lot Single Family Residential Developments", prepared by the Planning Division and approved by the City Council on May 10, 2005, has received the first place award in the Best Practices category of the Central California Section of the American Planning Associations California Chapter. The award will be presented to Patrick Kelly, Planning Division Manager, (on behalf of the Planning Division) in Fresno on July 13, 2007. Receiving this award qualifies the document for a statewide American Planning Association award. Recognition for this document is special, as staff conceived and prepared the document entirely in-house.

The guidelines are intended to promote high quality development, create a variety of available house sizes and types, improve street connectivity, and emphasize streetscapes that welcome pedestrians, while being compatible with existing adjacent development.

Congratulations on a job well done goes to Patrick Kelly, Planning Division Manager, Cindy van Empel, Senior Planner, and Katharine Martin, Assistant Planner.



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Project Updates: Mixed-use project

10th & H Streets

On August 3, 2005, the Modesto Redevelopment Agency entered into an Exclusive Negotiating Agreement ("ENA") with Team Modesto, LLC for the development of a mixed-use project at the southwest corner of 10th & H Streets in downtown. Team Modesto is a Modesto-based development company whose members are Paul Draper and Richard Rand (Centerra Capital), Dennis Wilson (Horizon Consulting) and Phillip Mastagni (Acme Construction). During the ENA period, the members of Team Modesto worked with Agency to design a project that will be economically viable and provide maximum benefit to the Agency and the downtown area.

The project design creates an expanded development site. Team Modesto indicated that they will independently acquire additional parcels on the block between 9th & 10th and G-H Streets, adjacent to the Agency�s parcels. The Project site would be expanded to include the majority of the block as a joint development between the Agency�s parcels and the Developer�s parcels. The proposed land uses are: retail, office, public/private parking and market-rate residential.

On May 22, 2007, the Agency approved a Memorandum of Understanding ("MOU") between the Agency and Team Modesto.

The MOU is required to complete the CEQA, pre-planning, preliminary design and land assembly in advance of the DDA. The proposed Team Modesto mixed-use project will benefit both the City and the Agency by providing:

� New, non-obligated tax increment revenue

� Additional housing set-aside funds for creation of affordable housing

� Market-rate residential, unique retail, restaurants and office space Downtown

� 300 new employment opportunities in the downtown

� Construction of a parking garage that will be available in the evening for the Gallo Center for the Arts and other special events sponsored by the City.



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service update: building inspection interactive voice response

The Beat Health/Special Multi-Agency Response Team (S.M.A.R.T.), implemented in June 2006, is a citywide program designed to improve the quality of life in neighborhoods suffering from excessive drug crime, public disturbance calls for service, blight, and abandoned vehicles, which contribute to a lack of community identity. The team coordinates City resources with community members to improve their neighborhoods by removing abandoned vehicles, improving or removing substandard buildings, and focusing on drug and disturbance crime issues. Neighborhood residents become more involved with the improvement process with the assistance of the City�s efforts.

The team is supervised by the Police Department since it is the only City service available and visible on a 24-hour basis in the affected neighborhoods. By coordinating the response and services of the Police Department, Building Inspections, City Attorney, and other agencies under one program manager in the Police Department a high response priority is assured. Using a cross department �horizontal� team to deal with neighborhood quality of life issues is an effective problem-solving structure that has been successful in several other cities.

One of the goals of the BEAT Health/S.M.A.R.T. team is to become self-sustaining. On March 6, 2007, the City Council adopted the following fees:

1. Substandard Building
Notice and Order Fee $950.00
Appeal Fee $1,000.00
Closing Fee $125.00

2. Dangerous Building
Notice and Order Fee $950.00
Appeal Fee $1,000.00
Closing Fee $125.00

The Substandard Building Fees went into effect on March 7, 2007. The Dangerous Building Fees will go into effect on April 5, 2007, following the final passage and adoption of an Ordinance change.

Although the reason for establishing the fees was to allow for cost recovery within the BEAT Health program, the fees will allow for cost recovery for all other applicable City business, outside the BEAT Health program as well.


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plan updates: community projects

Vintage Faire Mall Expansion

Macerich Company, the manager of the Vintage Faire Mall, submitted plans for a 59,295 square foot expansion to the existing mall. The expansion aims to create an environment that is more pedestrian friendly by providing an outdoor promenade lined with additional retail and restaurant spaces. The project includes outdoor seating areas, landscape features such as fountains, and articulated elevations and storefronts. The expansion would be located at one of the existing main mall entrances along the south side between Gottschalks and Sears. The exterior elevations of the proposed buildings would combine a mixture of materials including stucco, rock fascia treatments, tile work and standing seam metal roofing. The elevations would be further enhanced through the use of landscape trellises as well as awnings at the store entrances and along the length of the building elevations.

A number of roadway improvements will be completed with the mall expansion including the installation of two traffic signals along Sisk Road and installation of a dedicated southbound bus turnout along Dale Road. The Macerich Company received approval from the Planning Commission for their proposed expansion in May 2007. No anticipated opening date has been identified at this time.

14th and J Street Mixed-Use Project

City staff is currently reviewing a proposal for a mixed-use project on the southerly corner of the intersection of 14th and J Streets in downtown Modesto. It will comprise commercial office, retail, and residential uses, together with all of the necessary parking, within a single building eight stories high. The project proposes a total of 45 dwelling units on the upper five floors surrounding a central atrium. They will be condominium units, allowing individual ownership of each residence. All of the units will have a balcony deck overlooking the city to provide views of surrounding areas. Retail and office space will be available on the first and second floors, with the majority of parking provided on the second and third floors. The development/design team for the project consists of Oliver & Associates, Lesovsky-Donaldson Architects, and O�Dell Engineering, with Huff Construction as the applicant.

This project represents something relatively new for Modesto, offering a more urban style of living than has been typically available here so far, as well as providing an opportunity to test the market in Modesto for a housing product now growing in popularity in other urbanizing areas within the Central Valley of California. Increasing the residential presence in downtown Modesto will help promote greater economic vitality in the core of the city. Staff anticipates that the project will go before Planning Commission and City Council for approval sometime in Fall 2007.



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division manager: new leadership

The Community & Economic Development Department has new leadership in two of our divisions.

On May 1, 2007, Patrick Kelly accepted a promotion as our new Planning Division Manager. Patrick has been serving with the City of Modesto as a Principal Planner for over six years, and most recently served as the Acting Planning Division Manager since last December.

On June 11, 2007, William Crew joined our team as the new Chief Building Official in the Building and Development Services Division. Will has 15+ years of experience and came to us most recently from Springfield, Ohio, where he was the Deputy Director for Clark County Building Regulations.

We are very pleased to have both Patrick and Will in their new leadership roles. We are confident that they will contribute greatly to our continued efforts to provide quality service to our community.



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Community & Economic Development Department

Patrick Kelly
Planning Division Manager
Planning Division
Promoted 5/1/07

Philip Reed
Associate Planner
Planning Division
Hired 5/8/07

Shana Coletti
Administrative Office Assistant II
Building Safety
Hired 5/29/07

Will Crew
Chief Building Official
Building Safety
Hired 6/11/07



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joining our team

On June 5, 2007, the City Council approved the transfer of the Land Development functions of the Public Works Department and the City Manager�s Office to the Community and Economic Development Department. The transfer was effective on July 1, 2007.

The transfer included 16 regular, benefited positions and one hourly intern position from the following divisions:

� Permits and Mapping

� Current Facilities Planning

� CFD Engineering

� IFP Administration

The purpose of this consolidation is to better facilitate communication and coordination within our development review process. By providing a coordinated approach, we can improve our level of service to the community.

Although the written transfers took place July 1, no physical moves or relocations have taken place. All of our space needs will be carefully considered before any relocations are contemplated.

We are very excited to have these employees join the C&ED team!


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How Can We Help You?

Our Customer Surveys continue to yield positive responses. Since the surveys were made available in December, we have received a total of 74 completed surveys: 64% rated the service they received as "excellent", and 19% rated their service as "very well".

Customer service is a number one priority, and the opinion of our customers is very important to us. We take the feedback that we receive as an opportunity to improve our service.

Anytime you do business with any of the divisions of the Community and Economic Development Department�Planning, Building Safety and Business Development�please take the time to give us your feedback. The survey can be completed in our office or on-line by visiting the CEDD web site at:

Help us to make our services better!


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