Pedestrian safety is addressed as a priority in this
report.
50 6/16/2022 14:29
Biking
Comment
Biking Southbound on 29 from Kelly Road to Green Island is so treacherous. Many cracks and rough pavement. There is a less than one foot space from the white line that there is no shoulder and gravel for cyclists right by Doshier Gregson. 2 0
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can- canyonlrsp/map#/ marker/ 3
10609
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Bicycle safety is addressed as a priority in the LRSP.
51 6/16/2022 14:30
Biking
Comment
No bike lane from Donaldson to Walmart area. Roads are rough and many deep cracks.
1 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
10611
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Bicycle safety is addressed as a priority in the LRSP.
52 6/16/2022 14:31
Biking
Comment
Need official bike lane on Boradway from Cartanega to AmCAn Road. 1 0 https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
10613
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Bicycle safety is addressed as a priority in the LRSP.
53 6/16/2022 14:32
Biking
Comment
Need Share Road painted here. 0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
10615
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Bicycle safety is addressed as a priority in the LRSP.
54 6/16/2022 17:02
Pedestrian
Comment
This is one of the primary pedestrian routes between the Napa Junction shopping center and the southbound bus stop, as the north one located directly on the highway. There is a crosswalk here, but once you go to the eastern side of the highway, it instantly dips into a drainage pit with the path being a dirt road. This is dangerous, especially during rainy weather
3 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
10699
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Sidewalk improvements and installation are
recommended in the LRSP.
55 6/16/2022 17:05
Transit
Comment
This bus stop sits directly to the side of the highway with no shelters, sidewalks or benches. Could the vacant lot be used for a transit stop, similar to the one in Benicia at Military and 1st?
1 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
10702
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suggestion will be passed along to the City.
56 6/16/2022 17:12
Driving
Comment
This is American Canyon' s transit hub; however it's not served by the normal Route 11, one of Napa County' s lifeline routes. The closest stops are located about 1/2 a mile away, I recommend the 11 turn at Donaldson and W. American Canyon way 1 0
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can- canyonlrsp/map#/ marker/ 3
10705
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suggestion will be passed along to the City.
57 6/16/2022 17:13
Transit
Comment
This is American Canyon' s transit hub; however it's not served by the normal Route 11, one of Napa County' s lifeline routes. The closest stops are located about 1/2 a mile away, I recommend the 11 turn at Donaldson and W. American Canyon way 0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
10707
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suggestion will be passed along to the City.
I I I I I I I
405
ID Created on Type Comment
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58 6/17/2022 21:28
Driving
Comment
Too many speeders and non stops at stop signs. Accidents are to frequent, roll overs, cars parked on the street being hit. Just waiting for someone to get hit. Lots of kids are always on the street. People don't always obey the school bus lights or stop sign.
0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
11066
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Speeding/ aggressive driving is addressed as a priority in this report.
59 6/18/2022 6:07
Driving
Comment
East American Canyon Rd is too dark. Too many close calls with drivers passing on double lines, need divider poles on all double line sections 2 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
11084
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Speeding/ aggressive driving is addressed as a priority in this report.
60 6/18/2022 8:31
Driving
Comment
Constant excessive speeding; hit and run accidents; drivers losing control of their vehicles; high noise levels due to speeding. Pedestrian safety concern. Residential street has turned into "AC Speedway". Need traffic calming along Newell Drive before completion of its extension and development on either side. Would post pics of speeding vehicles but they would only show up as a blur. 0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
11098
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Speeding/ aggressive driving is addressed as a priority in this report.
61 6/18/2022 8:35
Driving
Comment
Granite Springs Way - excessive speeding through residential street. 0 0 https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
11101
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Speeding/ aggressive driving is addressed as a priority in this report.
62 6/18/2022 8:39
Driving
Comment
Granite Springs Way and Newell Drive - Intersection traffic calming needed. Suggest raising" intersection to help reduce excessive speeding. Raising would not impair emergency vehicle response or damage to vehicles.
0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
11103
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Intersection safety is addressed as a priority in the
LRSP.
63 6/18/2022 8:41
Driving
Comment
E Donaldson Way and Newell Drive - Intersection traffic calming needed. Suggest raising" intersection to help reduce excessive speeding. Raising would not impair emergency vehicle response or damage to vehicles.
0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
11106
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Intersection safety is addressed as a priority in the
LRSP.
64 6/18/2022 8:42
Driving
Comment
Silver Oak Trail and Newell Drive - Intersection traffic calming needed. Suggest raising" intersection to help reduce excessive speeding. Raising would not impair emergency vehicle response or damage to vehicles.
1 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
11108
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Intersection safety is addressed as a priority in the
LRSP.
65 6/18/2022 8:44
Driving
Comment
Shannondoah and Granite Springs Way and Newell Drive - Intersection traffic calming needed. Suggest " raising" intersection to help reduce excessive speeding.
Raising would not impair emergency vehicle response or damage to vehicles. 0 0
https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
11109
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Intersection safety is addressed as a priority in the
LRSP.
66 6/18/2022 8:46
Driving
Comment
Silver Oak Trail and Shannondoah - Intersection traffic calming needed. Suggest raising" intersection to help reduce excessive speeding. Improve pedestrian safety and school crossing safety. Raising would not impair emergency vehicle response or damage to vehicles.
1 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
11111
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Intersection safety is addressed as a priority in the
LRSP.
67 6/18/2022 8:48
Driving
Comment
Speeding in excess of posted speed limit along Newell Drive. 0 0 https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
11112
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Speeding/ aggressive driving is addressed as a priority in this report.
68 6/18/2022 8:56
Biking
Comment
Bike-Ped Bridge installation for safety. Less impediment of traffic flow on SR29. 0 0 https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
11115
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There are planned multimodal improvements for SR 29.
69 6/18/2022 8:58
Pedestrian
Comment
Bike-Ped Bridge installation for safety. Less impediment of traffic flow on SR29. 1 0 https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
11117
Thank you for taking the time to leave a comment.
There are planned multimodal improvements for SR 29.
70 6/18/2022 8:59
Pedestrian
Comment
Bike-Ped Bridge installation for safety. Less impediment of traffic flow on SR29. 3 0 https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
11118
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There are planned multimodal improvements for SR 29.
71 6/21/2022 13:35
Driving
Comment
Broadway should have all double yellow lines. I’ve seen too many close calls with people zipping around other vehicles, doing the speed limit, on the dotted lines. 0 0
https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
11848
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Speeding/ aggressive driving is addressed as a priority in this report.
72 6/21/2022 23:39
Driving
Comment
Close this cross through and push traffic to safer ways to access 29 via one of the lighted intersections at Rio Del Mar or Donaldson.
0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
12114
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Intersection safety is addressed as a priority in the
LRSP.
73 6/21/2022 23:44
Biking
Comment
Create a connection here so bikers have full paved access to the large industrial area as a commute option and can stay completely off 29. 1 0
https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
12115
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Bicycle safety is addressed as a priority in the LRSP.
74 6/22/2022 17:00
Driving
Comment
People regularly go well over the 30mph speed limit. This is right in front of the police station.
0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
12360
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Speeding/ aggressive driving is addressed as a priority in this report.
75 6/22/2022 17:00
Driving
Comment
People regularly go well over the 30mph speed limit. usually over 40. 0 0 https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
12361
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Speeding/ aggressive driving is addressed as a priority in this report.
76 6/22/2022 17:01
Pedestrian
Comment
No crosswalks at this point in the street ( LaVigne) where a park is located. 1 0 https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
12362
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Pedestrian safety is addressed as a priority in this
report.
77 6/22/2022 17:01
Driving
Comment
People do not stop at this stop sign. It can make it difficult to cross over Donaldson Way.
0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
12363
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Intersection safety is addressed as a priority in the
LRSP.
I I I I I I I
406
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78 6/22/2022 17:02
School
Comment
There is no "School Zone" speed limit set for this area where two schools are located.
0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
12364
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location is addressed in the LRSP.
79 6/22/2022 17:03
Driving
Comment
Many people go 40+ on this part of the road. There are tons of kids playing, pedestrians, and cyclists. Every time we cross the street we make sure there is no one even at the stop sign. It's particularly concerning because of the soccer fields and picnic area. we have seen many people run into the street to get their balls. 0 0
https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
12365
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Speeding/ aggressive driving is addressed as a priority in this report.
80 6/22/2022 17:05
School
Comment
This area becomes very congested with pedestrians and cars at pick-up and dropoff. A crossing guard at the stop sign could be really helpful to manage flow and safety.
0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
12366
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location is addressed in the LRSP.
81 6/22/2022 17:06
Driving
Comment
This stopsign is hard to see. There is a tree that regularly grows in front of it. I have seen many people run through this intersection and was once almost hit while in the crosswalk.
0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
12367
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Intersection safety is addressed as a priority in the
LRSP.
82 6/22/2022 17:07
Driving
Comment
Caution light should be added for when light is changing ( Northbound on Flosden at Via Bellagio). Numerous times where stoplight is run by inattentive drivers. This is a crosswalk well that needs better markings. Should be a "No Truck" zone as well.
Have seen a number of large rigs coming through to avoid 29. 2 0
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can- canyonlrsp/map#/ marker/ 3
12368
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Intersection safety is addressed as a priority in the
LRSP.
83 6/22/2022 17:08
Biking
Comment
This intersection feels very unsafe to cross. A bridge or slower traffic would make it better.
0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
12369
Thank you for taking the time to leave a comment.
Pedestrian safety is addressed as a priority in this
report.
84 6/22/2022 17:08
Biking
Comment
There is always a lot of gravel buildup in this crosswalk. If a bike is using the street it is rather dangerous.
0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
12370
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Bicycle safety is addressed as a priority in the LRSP.
85 6/22/2022 17:10
Driving
Comment
It would be great to have a right turn lane at this intersection. Then people are not blocked when turning right nor would they squeeze past stopped cars and not see pedestrians in the cross walk.
0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
12371
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Intersection safety is addressed as a priority in the
LRSP.
86 6/22/2022 17:10
Pedestrian
Comment
This has become a dangerous intersection with new traffic coming through due to new school and warehouse just north. Better markings needed and caution lights for crosswalk. Pedestrians are also crossing for wetlands access. 1 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
12372
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Pedestrian safety is addressed as a priority in this
report.
87 6/22/2022 17:11
Driving
Comment
I have seen many near misses and a few hits at the turn into safeway. People will go around stopped traffic, in the left turn lane, and people trying to pull out don't see them. This entire spot is tricky.
0 0
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can- canyonlrsp/map#/ marker/ 3
12373
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location is addressed in the LRSP.
88 6/22/2022 17:14
Driving
Comment
What stop sign? 0 0
https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
12374
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Intersection safety is addressed as a priority in the
LRSP.
89 6/22/2022 17:17
Driving
Comment
The left turn lane is not long enough for morning traffic. The left lane gets backed up all the way to the Walmart light some mornings. This needs to be extended like the one on airport drive.
0 0
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can- canyonlrsp/map#/ marker/ 3
12376
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Intersection safety is addressed as a priority in the
LRSP.
90 6/22/2022 17:18
Pedestrian
Comment
There is no safe route for pedestrians to get from neighborhoods to these shops or the park.
1 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
12378
Thank you for taking the time to leave a comment.
Sidewalk improvements and installation are
recommended in the LRSP.
91 6/23/2022 12:22
Driving
Comment
people drive very fast on Elliott, even though there is a stop sign at the corners of Benton and American Canyon Road
5 0
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can- canyonlrsp/map#/ marker/ 3
12604
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Speeding/ aggressive driving is addressed as a priority in this report.
92 6/23/2022 12:23
Pedestrian
Comment
the fruit vendor on this corner often takes up the entire sidewalk. The fruit stand, the chairs, the pets and the umbrella take up so much space, that pedestrians have to walk in the bike lane to get around them. This creates a problem with cyclists and with the cars. It is a dangerous intersection already, and this makes it worse. 0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
12605
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Pedestrian safety is addressed as a priority in this
report.
93 6/23/2022 12:29
Driving
Comment
this is one of the worst intersections in the whole town. Several ( like more than 30) times I have had to back up in order to accommodate a truck or bus getting through the intersection. The way the sidewalk is constructed, it has narrowed the intersection and makes it unsafe for pedestrians, cyclists and autos. It seems like City Council is trying to make the city less safe - I don't know wy 3 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
12608
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Intersection safety is addressed as a priority in the
LRSP.
94 6/24/2022 6:30
Driving
Comment
Drivers often don't stop at this stop sign, it's dangerous for peds and kids. 0 0 https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
12967
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Intersection safety is addressed as a priority in the
LRSP.
95 6/24/2022 6:31
Driving
Comment
Drivers often don't stop at this stop sign, it's dangerous for peds and kids. Stop sign from the south is often hidden by foliage, hard to see. 0 0
https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
12968
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Intersection safety is addressed as a priority in the
LRSP.
96 6/24/2022 6:32
Driving
Comment
Drivers often speed down this part of the street, it's dangerous for peds and kids. 0 0 https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
12969
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Speeding/ aggressive driving is addressed as a priority in this report.
I I I I I I I
407
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97 6/25/2022 19:46
Driving
Comment
Parking in the streets during the days and all nights I have pictures to show you.
Plus we have speed bumps in the mobilehome park. They don’t work.
The water was shut off all day no one called the firehouse to have a water tanker ready if there was a fire in the park. They other managers use to call and let the firehouse know about water off.
Thank you for the time.
1 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
13478
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comment will be passed along to the City.
98 6/28/2022 23:20
Driving
Comment
Traffic is so fast on flosden road, I’ve almost been hit head on so many times when turning left onto via Bellagio from flosden and cars heading north run the light.. 0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
14394
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Speeding/ aggressive driving is addressed as a priority in this report.
99 6/28/2022 23:23
Driving
Comment
Vehicles turning left from sarcedo to via Bellagio and vehicles coming from flosden onto via Bellagio - many near miss accidents here - difficult to see one another 0 0
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can- canyonlrsp/map#/ marker/ 3
14395
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Intersection safety is addressed as a priority in the
LRSP.
100 6/28/2022 23:27
Pedestrian
Comment
So dangerous to walk here with fast moving traffic and path leading right to roadway.
Numerous accidents have happened here thankfully no pedestrians ( yet). 0 0
https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
14396
Thank you for taking the time to leave a comment.
Pedestrian safety is addressed as a priority in this
report.
101 6/28/2022 23:29
Pedestrian
Comment
Traffic travels so fast on flosden it’s very scary to walk on the sidewalk between the via bellagios.
0 0
https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
14397
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Pedestrian safety is addressed as a priority in this
report.
102 6/28/2022 23:31
Driving
Comment
Drivers regularly run the stop signs at this intersection 2 0 https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
14398
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Speeding/ aggressive driving is addressed as a priority in this report.
103 6/30/2022 8:48
Driving
Comment
I see cars drive straight through these stop signs, all four of them This a heavy traffic area. I have almost been hit from the side by cars, twice. 2 0
https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
14900
Thank you for taking the time to leave a comment.
Speeding/ aggressive driving is addressed as a priority in this report.
104 6/30/2022 8:50
Driving
Comment
Cars drive right through this stop sign. On an evening walk I counted 8 cars go through the intersection. ONLY 2 OF THEM STOPPED.
0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
14901
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Speeding/ aggressive driving is addressed as a priority in this report.
105 6/30/2022 8:53
Pedestrian
Comment
People use this stretch of road to race. So fast I can only make out the colors of the cars, no license plate or even make/ model. Children play in this area. Since living here I have picked up 3 dead cats on Rio Del Mar and 4 dead squirrels. This is a horrible dangerous block to live on.
1 0
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can- canyonlrsp/map#/ marker/ 3
14902
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Speeding/ aggressive driving is addressed as a priority in this report.
106 6/30/2022 8:55
Pedestrian
Comment
Need police presence and or Crossing guards to keep our kids from being hit.
Drivers ignore the stop signs and are too impatient with pedestrians. 0 0
https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
14903
Thank you for taking the time to leave a comment.
Speeding/ aggressive driving is addressed as a priority in this report.
107 6/30/2022 8:56
Pedestrian
Comment
Need police presence and or Crossing guards to keep our kids from being hit.
Drivers ignore the stop signs and are too impatient with pedestrians. 0 0
https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
14904
Thank you for taking the time to leave a comment.
Speeding/ aggressive driving is addressed as a priority in this report.
108 6/30/2022 15:29
Pedestrian
Comment
Another cat was killed by a speeding car in this location. Please do better American Canyon!!
0 0
https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
15102
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Speeding/ aggressive driving is addressed as a priority in this report.
109 6/30/2022 15:30
Pedestrian
Comment
Another cat was killed by a speeding car. Please do better American Canyon ! Lives depend on it.
0 0
https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
15107
Thank you for taking the time to leave a comment.
Speeding/ aggressive driving is addressed as a priority in this report.
110 7/1/2022 14:23
Biking
Comment
Could we possibly open the route to allow biking into Napa? 0 1 https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
15494
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111 7/1/2022 14:24
Driving
Comment
Could we open this road to allow pedestrian, bikers and cars another safer route into Napa?
0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
15495
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comment will be passed along to the City.
112 7/1/2022 14:44
Driving
Comment
Traffic is a major problem on Melvin Road, especially during commute times and early evening. Dangerous/ illegal driving by passing on double yellow lines happens frequently. Exciting private driveways is becoming less safe due to the way people drive down this street.
0 0
https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
15499
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Speeding/ aggressive driving is addressed as a priority in this report.
113 7/1/2022 14:44
Pedestrian
Comment
The crossing at American canyon rd And Elliott is extremely dark in the evening and could use either new lighting or the flashing crosswalks. There have been several times I have seen close call near misses when drivers can’t see pedestrians crossing the street.
1 0
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can- canyonlrsp/map#/ marker/ 3
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Pedestrian safety is addressed as a priority in this
report.
114 7/1/2022 15:53
Driving
Comment
Constantly witness cars NOT stopping at the stop sign at Donaldson and Andrew road.
Some cars never touch the brakes and fly through the intersection.
Have called AmCan PD many times.
We need to put speed bumps down Donaldson.
The fire trucks won’t be bothered a bit
0 0
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can- canyonlrsp/map#/ marker/ 3
15545
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Speeding/ aggressive driving is addressed as a priority in this report.
115 7/1/2022 16:13
Driving
Comment
Worst design ever. Too narrow. And the stop areas are too set back. 1 0 https:// ghd.mysocia
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can- canyonlrsp/map#/ marker/ 3
15555
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116 7/1/2022 16:16
Driving
Comment
Can we put speed bumps. Too many cars come barreling from here and its hard to turn onto this street when u have people speeding.
0 0
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can- canyonlrsp/map#/ marker/ 3
15558
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Speeding/ aggressive driving is addressed as a priority in this report.
117 7/1/2022 16:21
Driving
Comment
We need to stop semi trucks from using the road. 2x i have had to pull to the side to let them by as they were too large for the turn. They r tearing up the road. 0 0
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can- canyonlrsp/map#/ marker/ 3
15562
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118 7/1/2022 16:38
Driving
Comment
Too much speeding on James Road. Consider speed bumps or other methods to slow vehicular traffic. This will only become worse with all the new traffic from the housing going in on Melvin Road.
0 0
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can- canyonlrsp/map#/ marker/ 3
15567
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Speeding/ aggressive driving is addressed as a priority in this report.
119 7/1/2022 18:04
Driving
Comment
This is a long curved road with a blind spot and cars are traveling at excessive speed coming from Donaldson Way toward American Cyn. Rd. No four way stop for pedestrians to walk across safely.
0 0
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can- canyonlrsp/map#/ marker/ 3
15582
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120 7/1/2022 18:07
Driving
Comment
Cars running stop signs every day. 1 0
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can- canyonlrsp/map#/ marker/ 3
15584
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Speeding/ aggressive driving is addressed as a priority in this report.
121 7/1/2022 19:10
Driving
Comment
We need something to slow cars down on Elliott dr! Several people take walks and bikes on this street when cars go up to 50mph. I am not exaggerating. What can I do to help support any and all initiatives to slow cars down for our street. You can contact me if you need additional resources. Thank you in advance for constructing this platform.
3 0
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can- canyonlrsp/map#/ marker/ 3
15597
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Speeding/ aggressive driving is addressed as a priority in this report.
122 7/1/2022 19:16
Driving
Comment
We need something to slow cars down on Elliott dr! People go for walks and bike on this street and cars go way above the speed limit. I I would be glad to help support any initiative to fix this problem.
2 0
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can- canyonlrsp/map#/ marker/ 3
15598
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Speeding/ aggressive driving is addressed as a priority in this report.
123 7/2/2022 14:27
Driving
Comment
SR29 Northbound at the American Canyon Rd. intersection.
The left turn lane going towards Safeway should be extended by 2-3 times its current length.
This would alleviate northbound traffic as a large percentage of traffic on 29 will be going to the large residential area down West American Canyon Rd. 1 0
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can- canyonlrsp/map#/ marker/ 3
15767
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Intersection safety is addressed as a priority in the
LRSP.
124 7/2/2022 14:30
Driving
Comment
Busiest intersection in American Canyon
This 6 lane intersection has enough space to be replaced with a round- about. Will cut down on traffic and provide more safety for pedestians. 0 0
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can- canyonlrsp/map#/ marker/ 3
15770
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Intersection safety is addressed as a priority in the
LRSP.
125 7/2/2022 16:16
Driving
Comment
Daily occurrence of a driver peeling out in a truck, cars doing doughnuts and turning at high speeds drifting sideways towards American Canyon Rd. 0 0
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can- canyonlrsp/map#/ marker/ 3
15787
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Speeding/ aggressive driving is addressed as a priority in this report.
126 7/3/2022 7:47
Driving
Comment
Constant speeding. Favorite U turn location which is unsafe with blind curve.
Impatient drivers drive in bike lane rather than wait for residents to turn into their driveways. They even honk and yell. The 30 mph sign for American Canyon to Donaldson is perplexing with it being a school route. Even buses speed down the road.
0 0
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can- canyonlrsp/map#/ marker/ 3
15925
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Speeding/ aggressive driving is addressed as a priority in this report.
127 7/3/2022 7:49
Driving
Comment
This stop sign is treated as a suggestion. Very unsafe for all. 1 0 https:// ghd.mysocia
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can- canyonlrsp/map#/ marker/ 3
15926
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Speeding/ aggressive driving is addressed as a priority in this report.
128 7/3/2022 7:53
Driving
Comment
The stop sign all four ways is ignored completely during almost all hours. Often multiple cars will ease on through right behind each other to prevent other direction from moving. Complete chaos!
0 0
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can- canyonlrsp/map#/ marker/ 3
15927
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Speeding/ aggressive driving is addressed as a priority in this report.
129 7/3/2022 8:00
Driving
Comment
Excessive speeding all along Elliott, but particularly on this stretch I have been passed by cars who go into oncoming traffic if I am trying to actually drive the 25mph speed limit. Tailgating every single day. With the park and Senior Center nearby, this is an extreme hazard.
0 0
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can- canyonlrsp/map#/ marker/ 3
15928
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Speeding/ aggressive driving is addressed as a priority in this report.
130 7/3/2022 8:09
Driving
Comment
This is a favorite cut through road to avoid 29 traffic and I also take it. However, I generally have other vehicles riding my bumper as I go the proper speed navigating the bendy road. And then when they hit the intersection they want to turn on, they blow through the stop sign to get around me.
0 0
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can- canyonlrsp/map#/ marker/ 3
15931
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Speeding/ aggressive driving is addressed as a priority in this report.
131 7/3/2022 8:13
Driving
Comment
Recognizing you are looking for residential road issues to fix, the reality is the bulk of them are caused by cars seeking to avoid 29 traffic. This road needs to be expanded and have overpasses and pedestrian walkovers to make it safe and flow better. 0 0
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can- canyonlrsp/map#/ marker/ 3
15933
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There are planned multimodal improvements for SR 29.
132 7/6/2022 11:23
Pedestrian
Comment
No crosswalk for two blocks around the school. Many people cross near the bridge/ school and it's a really speedy location for cars. Please consider a 3 way stop and add a crosswalk.
0 0
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can- canyonlrsp/map#/ marker/ 3
16902
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Pedestrian safety is addressed as a priority in this
report.
133 7/6/2022 11:24
Pedestrian
Comment
Drop curb but no matching curb on other side. Please install a real crosswalk here.
This is a blind corners and there' s a lot of evidence of speeders and "side-show" donuts on the road.
0 0
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can- canyonlrsp/map#/ marker/ 3
16904
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Pedestrian safety is addressed as a priority in this
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134 7/6/2022 11:25
Pedestrian
Comment
Same as my other comment for this block. This is the other side of drop curb. Pleas re-align the drop curbs to make it easier for wheel chair, stroller and bikes crossing thru the trail.
0 0
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can- canyonlrsp/map#/ marker/ 3
16906
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135 7/6/2022 11:26
Pedestrian
Comment
Drop curb but crosswalk or matching curb on opposite side. Please align and make it easier for wheelchair, stroller and bikes passing through the park. 0 0
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can- canyonlrsp/map#/ marker/ 3
16909
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Pedestrian safety is addressed as a priority in this
report.
136 7/6/2022 11:27
Pedestrian
Comment
Drop curb but crosswalk or matching curb on opposite side. Please align and make it easier for wheelchair, stroller and bikes passing through the park. 0 0
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can- canyonlrsp/map#/ marker/ 3
16910
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Sidewalk improvements and installation are
recommended in the LRSP.
137 7/6/2022 11:28
Pedestrian
Comment
Very busy road and hard to get traffic to stop for pedestrians. Please consider flashing crossing and better markings.
0 0
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can- canyonlrsp/map#/ marker/ 3
16912
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Pedestrian safety is addressed as a priority in this
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138 7/6/2022 11:30
Biking
Comment
Add divided bike lane. I've seen drivers use the bike lane to overtake the the traffic is too slow (doing speed limit). Make Amcan road safe the entire length for bikers. It's wide enough to put in a concrete divider.
0 0
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can- canyonlrsp/map#/ marker/ 3
16915
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Bicycle safety is addressed as a priority in the LRSP.
139 7/6/2022 11:30
Biking
Comment
Add divided bike lane. I've seen drivers use the bike lane to overtake the the traffic is too slow (doing speed limit). Make Amcan road safe the entire length for bikers. It's wide enough to put in a concrete divider.
0 0
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can- canyonlrsp/map#/ marker/ 3
16916
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Bicycle safety is addressed as a priority in the LRSP.
140 7/6/2022 11:31
Pedestrian
Comment
Complete sidewalk on North Side of AmCan Road. 0 0
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can- canyonlrsp/map#/ marker/ 3
16917
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Sidewalk improvements and installation are
recommended in the LRSP.
141 7/6/2022 11:33
Driving
Comment
Extend northbound turn lane and add 2nd turn left lane. Traffic backs up here all the time. People often take an unsafe left turn on Kimberley to avoid the backup. There have been countless accidents on Hwy 29/Kimberley because of this. 0 0
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can- canyonlrsp/map#/ marker/ 3
16920
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Intersection safety is addressed as a priority in the
LRSP.
142 7/6/2022 11:33
Biking
Comment
Install bike parking at the park. Some people want to walk the park but ride their bikes there.
0 0
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can- canyonlrsp/map#/ marker/ 3
16922
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Bicycle safety is addressed as a priority in the LRSP.
143 7/6/2022 11:35
Biking
Comment
Add bike lanes through length of commerce. Now we have Devlin open more people will want to take this route to work, but it's very dangerous at some spots to bikes. 0 0
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can- canyonlrsp/map#/ marker/ 3
16923
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Bicycle safety is addressed as a priority in the LRSP.
144 7/6/2022 11:36
Driving
Comment
Close off Theressa to Los Altos Pl to thru traffic. This will reduce cut through traffic in the area incl. Melvin.
0 0
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can- canyonlrsp/map#/ marker/ 3
16924
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145 7/6/2022 11:36
Pedestrian
Comment
Add more sidewalks the length of Melvin 0 0
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can- canyonlrsp/map#/ marker/ 3
16925
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Sidewalk improvements and installation are
recommended in the LRSP.
146 7/6/2022 11:37
Driving
Comment
Traffic calming needs on Melvin. Reduce cut through traffic. 0 0 https:// ghd.mysocia
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can- canyonlrsp/map#/ marker/ 3
16926
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Speeding/ aggressive driving is addressed as a priority in this report.
147 7/6/2022 11:38
Driving
Comment
Lots of speeding on wide open stretches of Wetlands Edge Road. Excess speed and only a matter of time until someone gets hit.
0 0
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can- canyonlrsp/map#/ marker/ 3
16928
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Speeding/ aggressive driving is addressed as a priority in this report.
148 7/6/2022 11:38
Driving
Comment
Add speed humps the length of Wetlands Edge. 0 0
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can- canyonlrsp/map#/ marker/ 3
16929
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Speeding/ aggressive driving is addressed as a priority in this report.
149 7/6/2022 11:38
Driving
Comment
Lots of speeding on wide open stretches of Wetlands Edge Road. Add speed humps.
0 0
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can- canyonlrsp/map#/ marker/ 3
16930
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Speeding/ aggressive driving is addressed as a priority in this report.
150 7/6/2022 11:41
Driving
Comment
Even newly installed speed limit signs. People love to speed up and down Eucalptus even when kids are around. The new 3 way stop sign is optional to many too. 0 0
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can- canyonlrsp/map#/ marker/ 3
16932
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Speeding/ aggressive driving is addressed as a priority in this report.
151 7/6/2022 12:31
Pedestrian
Comment
Some times of the year pedestrians are hidden from approaching vehicles waiting @ crosswalk due to overgrown plants. Making it dangerous to cross.
Please replace the tall "grassy" plants with sometime more appropriate. Don't do the usual tactic of just removing everything. We need landscaping but sometime more appropriate.
0 0
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can- canyonlrsp/map#/ marker/ 3
16963
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Pedestrian safety is addressed as a priority in this
report.
152 7/15/2022 18:09
Pedestrian
Comment
It would be great to have this intersection fully cross walked. Though there is a cross walk connecting both sides of Greenwing, to get to the heavily used Gadwall park from Greenwing, one must either jaywalk or walk all the way to Ringneck street past the park) to cross.
3 0
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can- canyonlrsp/map#/ marker/ 3
21101
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Pedestrian safety is addressed as a priority in this
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153 7/16/2022 9:10
Pedestrian
Comment
We need a sidewalk through here and connecting around along Melvin. This is a very dangerous intersection, and it's only a matter of time before a real tragedy occurs. As it is, we can never let our children be unattended out front. I worry for the kids I see walking through here.
0 0
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can- canyonlrsp/map#/ marker/ 3
21231
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Pedestrian safety is addressed as a priority in this
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154 7/16/2022 9:11
Pedestrian
Comment
Connect sidewalk to work done further down James Rd. 0 0 https:// ghd.mysocia
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can- canyonlrsp/map#/ marker/ 3
21232
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Sidewalk improvements and installation are
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155 7/16/2022 9:14
Pedestrian
Comment
This would be a great spot for a pedestrian/ bike over-crossing. I ALWAYS take me car to go across 29 because it is too dangerous as a pedestrian or on my bike. 1 0
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can- canyonlrsp/map#/ marker/ 3
21234
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There are planned multimodal improvements for SR 29.
156 7/16/2022 9:16
Pedestrian
Comment
This would be another location that a pedestrian/ bike over-crossing might work, but we need a bike lane on Rio Del Mar to make it work.
1 0
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can- canyonlrsp/map#/ marker/ 3
21235
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There are planned multimodal improvements for SR 29.
157 7/16/2022 9:22
Pedestrian
Comment
This may be a better location for a bike rack because our bikes would be safer from someone cutting our lock and stealing it (being able to have easy access to tools in their car). I am another who rides my bike to the park to go for a walk. As it is, I lock it to the gate here, or along the fence somewhere.
3 0
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can- canyonlrsp/map#/ marker/ 3
21236
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City recognizes the importance of bike racks in places
of interest and may evaluate new locations in the future. 158 7/16/2022 9:25
Pedestrian
Comment
Cars that drive in here frequently drive too fast. There seems to be more of them than ever before. There needs to be strict rules regarding the speed limit here, and the correct behavior for anyone driving there ( as you would see in a campground where pedestrians and bicycles use similar trails).
0 0
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can- canyonlrsp/map#/ marker/ 3
21237
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Speed management/ aggressive driving and
pedestrian/ bicycle safety are addressed as priorities in the LRSP.
159 7/16/2022 9:29
Driving
Comment
People drive very fast around this corner, adding to the unsafe conditions for pedestrians/ bikers, especially given there are no sidewalks or bike lane. And we all pray" that we aren't hit going in/out of our driveways. 0 0
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can- canyonlrsp/map#/ marker/ 3
21238
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Speed management/ aggressive driving and
pedestrian/ bicycle safety are addressed as priorities in the LRSP.
160 7/16/2022 9:31
Driving
Comment
It seems that this (now) difficult corner has become a challenge to thrill seekers.
Cars can frequently be seen to turn left onto James from Wilson way as fast as possible. I'm literally afraid for the neighbor who's had their fence taken out twice. It may someday be their livingroom, along with their dogs and/or our neighbors themselves.
0 0
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can- canyonlrsp/map#/ marker/ 3
21239
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Speed management/ aggressive driving is addressed as
a priority in the LRSP. This may be a location for
increased enforcement.
161 7/16/2022 9:34
Biking
Comment
This would be a convenient route for us to take across the highway to visit Newell preserve, but it is far too dangerous for my taste to ride my bike along the block before and after the highway crossing. This would be another good location for a pedestrian/ bike over- crossing. As it stands, I have no choice but to drive to Newell from our side of town.
1 0
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can- canyonlrsp/map#/ marker/ 3
21242
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There are planned multimodal improvements for SR 29.
162 7/16/2022 9:40
Biking
Comment
Bike lanes here might help us get through this unsafe narrowing of the road where the tracks cross Donaldson. This is one reason that I don't ride my bike to Newell. 0 0
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can- canyonlrsp/map#/ marker/ 3
21244
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Bicycle facilities and safety are addressed as priorities in the LRSP.
163 7/16/2022 9:57
Driving
Comment
People speed with abandon along this stretch of Wetlands Edge Rd. When you notice how many reports of speeding there are throughout the city, you can't help but wonder about our residents. Would a city-wide road safety campaign help? I doubt it. At the very least, all high-school students should be receiving a course on safe driving like we used to get half-a-century ago. Removing those classes from school curriculum was a big mistake.
1 0
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can- canyonlrsp/map#/ marker/ 3
21246
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Speed management/ aggressive driving is addressed as
a priority in the LRSP. Safe driving campaigns are
recommended in the plan.
164 7/16/2022 9:59
Biking
Comment
To add to other comment here, a review of bike hand signals in the community would be a smart move. I feel like using my hand signals on my bike simply confuses car drivers.
1 0
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can- canyonlrsp/map#/ marker/ 3
21247
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Bicycle safety and education are addressed as priorities in the LRSP.
165 7/16/2022 10:09
Driving
Comment
I feel bad for people living on this street. This is the only route to take from this side of town to bypass the highway ( I live nearby, so I'm not an outsider cutting through, but neither do I want to deal with the few blocks of the mess of 29). I wish I had a solution for this stretch of road, but I cannot think of anything feasible. 0 0
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can- canyonlrsp/map#/ marker/ 3
21249
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concern will be passed along to the City.
166 7/16/2022 10:13
Driving
Comment
Do not proceed with any further constructio until the traffic problems in our city have been solved. The more we build, the more restricted our options will be when we are finally forced to address our roads and paths. Let's get the infrastructure in place and THEN consider more businesses and resident construction. It is a slap in the face to our residents who have been suffering from the local traffic problems for years to continue to add to the problem while dragging feet to fix the problems. 0 0
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can- canyonlrsp/map#/ marker/ 3
21250
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plan aims to address infrastructure and traffic safety.
Your concern will be passed along to the City.
167 7/16/2022 10:17
Driving
Comment
A wall along this stretch of 29 should reduce people driving on right shoulder to pass stopped/ slowed traffic as we are entering the insanity of the highway going through town. As many predicted. Walmart did nothing that was promised to ease traffic from the new congestion their development created. Easing the frustration of getting through town would probably ease many of the other problems reported on this map. 0 0
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can- canyonlrsp/map#/ marker/ 3
21251
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Planned improvements on SR 29 may address your
concerns. Your comment will be passed along to the
City.
168 7/16/2022 10:35
Driving
Comment
Closing this road to through would remove one of the few emergency evacuation routes from this side of town. As it is, we have very few ways to evacuate American Canyon, should the need arise. This is an important consideration when planning traffic improvements for our city.
1 0
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can- canyonlrsp/map#/ marker/ 3
21263
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169 7/16/2022 14:46
Driving
Comment
With all the truck traffic related to the warehouses ( with even more warehouses being planned!) we need to tax these businesses money directly to help maintain the roads through this city. AmCan is essentially a hub for a lot of shipping. Since we seem willing to embrace it, infrastructure to smooth truck the impact, and access in and out of these areas, should be carefully thought out now. And encourage those businesses to invest in our communities traffic solutions. 2 1
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can- canyonlrsp/map#/ marker/ 3
21325
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new developments require traffic impact studies. Your
concern will be passed along to the City.
170 7/16/2022 14:50
School
Comment
I mentioned this elsewhere, but I realize now that it belongs here. All children should receive road safety education at all ages, and particularly in high- school as they are beginning to drive vehicles. We had classes that taught us defensive driving in high school a half-century ago, let's bring those back as basic curriculum.
Also, a campaign to educate our community at large may possibly benefit us. 0 0
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can- canyonlrsp/map#/ marker/ 3
21330
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Education for all ages is recommended in the LRSP.
171 7/16/2022 20:35
School
Comment
People use park parking lot as drop off zone for canyon oaks traffic . Turning around needs to be easier.
0 0
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can- canyonlrsp/map#/ marker/ 3
21454
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location is identified as a priority in the report.
172 7/16/2022 20:39
Driving
Comment
Should be traffic circle here or a 4 way stop because turning left is hard, stops traffic. 1 0 https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
21455
Thank you for taking the time to leave a comment. To
install an all-way stop or roundabout, the intersection would need to meet CA MUTCD warrants. Intersection
safety is addressed as a priority in the LRSP.
I I I I I I I
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173 7/16/2022 20:40
Driving
Comment
Needs four way stop sign with crosswalk across from park. 0 0 https:// ghd. mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
21456
Thank you for taking the time to leave a comment. To
install an all-way stop, the intersection would need to meet CA MUTCD warrants. Intersection and pedestrian
safety are addressed as priorities in the LRSP.
174 7/19/2022 19:42
Driving
Comment
Add back or repair " Flashing" Speed Signs. They used to around the school and along Wetlands Edge.
City can access raw data on them to see how fast cars are going. 2 0
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can- canyonlrsp/map#/ marker/ 3
22209
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Speed feedback signs are recommended in the report.
175 7/19/2022 19:42
Driving
Comment
Add back or repair " Flashing" Speed Signs. They used to around the school and along Wetlands Edge.
City can access raw data on them to see how fast cars are going. 2 0
https:// ghd.mysocia
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can- canyonlrsp/map#/ marker/ 3
22211
Thank you for taking the time to leave a comment.
Speed feedback signs are recommended in the report.
176 7/22/2022 11:35
Driving
Comment
Reduce speed limits to 15 mph around neighborhoods within 500 feet of schools which can be enacted by Council per CA law AB 321)
https:// leginfo. legislature. ca.gov/faces/ billNavClient. xhtml? bill_id=200720080AB321 2 0
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can- canyonlrsp/map#/ marker/ 3
23174
Thank you for taking the time to leave a comment.
Speed management is addressed as a priority in the
report.
177 7/22/2022 11:47
School
Comment
Reduce speed limits to 15 mph around neighborhoods within 500 feet of schools which can be enacted by Council per CA law AB 321)
https:// leginfo. legislature. ca.gov/faces/ billNavClient. xhtml? bill_id=200720080AB321 3 0
https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
23178
Thank you for taking the time to leave a comment.
Speed management is addressed as a priority in the
report.
178 7/22/2022 11:48
School
Comment
Reduce speed limits to 15 mph around neighborhoods within 500 feet of schools which can be enacted by Council per CA law AB 321)
https:// leginfo. legislature. ca.gov/faces/ billNavClient. xhtml? bill_id=200720080AB321 2 0
https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
23179
Thank you for taking the time to leave a comment.
Speed management is addressed as a priority in the
report.
179 7/22/2022 11:49
School
Comment
Reduce speed limits to 15 mph around neighborhoods within 500 feet of schools which can be enacted by Council per CA law AB 321)
https:// leginfo. legislature. ca.gov/faces/ billNavClient. xhtml? bill_id=200720080AB321 2 0
https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
23180
Thank you for taking the time to leave a comment.
Speed management is addressed as a priority in the
report.
180 7/22/2022 11:50
School
Comment
Reduce speed limits to 15 mph around neighborhoods within 500 feet of schools which can be enacted by Council per CA law AB 321)
https:// leginfo. legislature. ca.gov/faces/ billNavClient. xhtml? bill_id=200720080AB321 3 0
https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
23181
Thank you for taking the time to leave a comment.
Speed management is addressed as a priority in the
report.
181 7/22/2022 12:28
Biking
Comment
Very busy road with cars. And with the new bike trail on Devlin now open, seeing more groups of bicyclists who ride together in the streets. Due to their speed/ size, it's great they are on the road and not the linear path. However, still too much car speeding on Wetlands on 200- 400 blocks
2 0
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can- canyonlrsp/map#/ marker/ 3
23190
Thank you for taking the time to leave a comment.
Bicycle safety and speed management/ aggressive
driving are addressed as priorities in the report.
182 7/22/2022 14:05
Driving
Comment
Corner of Silver Oak Trail & amp; American Canyon Rd ( there’ s a traffic light) I noticed that some motorist will make a right turn even the light is red. The sign says NO TURN ON RED, but its ignored.
0 0
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can- canyonlrsp/map#/ marker/ 3
23213
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intersection is identified as a priority location in the report.
183 7/22/2022 14:11
Driving
Comment
I live on spike rush circle. It is being used like a race track. Why can’t speed bumps be installed like the ones on wetlands edge. I was told the fire department said no but now they are on wetlands edge.
Any help
0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
23214
Thank you for taking the time to leave a comment. An
engineering study will need to be completed to install
speed bumps/ humps. Speed management/ aggressive
driving is addressed as a priority in the report.
184 7/22/2022 14:14
Driving
Comment
Speeding around the “ corner” from Melvin onto James Rd is an issue. It’s being used as a racetrack with people speeding around it very fast and then driving even faster down James Rd.
0 0
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can- canyonlrsp/map#/ marker/ 3
23216
Thank you for taking the time to leave a comment.
Speed management/ aggressive driving is addressed as
a priority in the report.
185 7/22/2022 14:18
Pedestrian
Comment
Please extend the sidewalks to connect James and Melvin Rd. I see many kids walking to and from school or the bus stop having to walk in the street on a blind curve. It is nerve wracking hoping someone doesn’ t get hit by a car. 1 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
23218
Thank you for taking the time to leave a comment.
Sidewalk improvements and installation are
recommended in the LRSP.
186 7/22/2022 14:21
Driving
Comment
More signage to slow down drivers are needed at this corner. This curve is somewhat sharp and drivers take it very quickly. Pedestrians have to cross the street here to reach the area where there is an actual sidewalk, and pulling out of our driveways is a hazard.
1 0
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can- canyonlrsp/map#/ marker/ 3
23219
Thank you for taking the time to leave a comment.
Speed management/ aggressive driving is addressed as
a priority in the report.
187 7/22/2022 14:26
Driving
Comment
Fix the light at the high school so those making a left turn out of the high school have a green arrow when the crosswalk is not engaged. The only time drivers have to make a left turn is when pedestrians are also allowed to cross the crosswalk so there are always a lot of back ups and drivers chance it and get close to pedestrians. 1 0
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can- canyonlrsp/map#/ marker/ 3
23222
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Intersections are identified as a priority in the report.
Your comment will be passed along to the City.
188 7/22/2022 14:32
Driving
Comment
James rd it’s not only the second busiest road in AmCan, but it’s treated as a speedway fire through traffic. I understand that the fire dept used this road, but there need to be either speed bumps installed and/or electronic does signs. The amount of speeding done on this road doesn’ t allow for safe pedestrian crossing etc. 0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
23236
Thank you for taking the time to leave a comment.
Speed management/ aggressive driving is addressed as
a priority in the report.
189 7/22/2022 14:36
Driving
Comment
Make a single left turn lane but extend it and then turn the far right lane ( the lane immediately to the left of the Safeway gas station) into a dedicated right turn lane. I constantly see people who are going straight stopped at the light in the far right lane and blocking all those who want to turn right. This causes a lot of congestion. 0 0
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can- canyonlrsp/map#/ marker/ 3
23241
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Intersections are identified as a priority in the report.
Your comment will be passed along to the City.
190 7/22/2022 14:40
Pedestrian
Comment
This is a general comment but I recommend putting a red curb ten feet from crosswalks which drivers turn right into them. Often drivers park so close to the crosswalk that drivers turning right cannot see pedestrians until they are nearly hitting them.
2 0
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can- canyonlrsp/map#/ marker/ 3
23249
Thank you for taking the time to leave a comment.
Pedestrian safety is addressed as a priority in this
report.
191 7/22/2022 14:53
Driving
Comment
The traffic calming work on the 500 block appears to be a success. The city has been given factual data of that fact.
What is the real reason that project is not being continued the length of Wetlands Edge Rd?
The city has also been given evidence that that success in slowing down speed has not carried over to the remaining section of the road.
Is there a reason for not making a better effort by the city to enforce the law for the stop sign violations on Wetlands and Rio Del Mar and Benton? 1 0
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can- canyonlrsp/map#/ marker/ 3
23264
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City's Traffic Calming Program is currently being
updated. Your concern will be passed along.
I I I I I I I
412
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192 7/22/2022 15:01
School
Comment
Over crowded middle school. 0 1
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can- canyonlrsp/map#/ marker/ 3
23272
Thank you for taking the time to leave a comment.
Please pass this concern along to the proper school
representative.
193 7/22/2022 15:01
Driving
Comment
Might it be time to add a traffic light to the intersection between CA-29 and Kimberley? I ask because, with the increase in traffic, it’s becoming more and more difficult to turn into Kimberley and onto CA-29. Matter of fact, most drivers heading north on CA-29 from Kimberley, don’t even try. I know I don’t. Instead most drive down Danrose to AC Rd, causing more congestion near Safeway. Turning onto CA29 from Kimberley is getting dangerous at times and we shouldn’ t wait for a wreck to happen.
3 0
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can- canyonlrsp/map#/ marker/ 3
23273
Thank you for taking the time to leave a comment. To
install a signal, the intersection must meet CA MUTCD
warrants.
194 7/22/2022 15:05
Driving
Comment
Repaving Danrose between Folland and American Canyon Rd. 0 0 https:// ghd.mysocia
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can- canyonlrsp/map#/ marker/ 3
23277
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request will be passed along to the City.
195 7/22/2022 15:05
School
Comment
Access to use outdoor courts at High school 0 0
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can- canyonlrsp/map#/ marker/ 3
23278
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request will be passed along to the City.
196 7/22/2022 15:08
Pedestrian
Comment
Build an outdoor gym here or near by. 1 0
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can- canyonlrsp/map#/ marker/ 3
23279
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request will be passed along to the City.
197 7/22/2022 15:52
Driving
Comment
there are multiple trucks with trailers full of various items like wine barrels, huge plastic containers and pallets among other things, parked along Kimberly in front of the park on both sides of the street. This is very dangerous as if you are coming from Marshcreek or Poppyfield, your vision is blocked by these parked commercial vehicles and you can't see oncoming traffic. it also obstructs the driver' s view of pedestrian crossing the street, particularly children who are coming from the park 3 0
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can- canyonlrsp/map#/ marker/ 3
23292
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concern will be passed along to the City.
198 7/22/2022 16:04
Driving
Comment
This intersection needs a 4 way stop sign. The curve in the road, coupled with the cars that park on the street closest to the corners, create a bad blind spot against oncoming cross traffic. Going west on W. Carolyn, after stopping at the Stop sign, there is a major blind spot to the left and slightly to the right. Crossing cars tend to speed and its difficult to see cross traffic.
3 0
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can- canyonlrsp/map#/ marker/ 3
23296
Thank you for taking the time to leave a comment. To
install an all-way stop, the intersection would need to meet CA MUTCD warrants. Intersection safety is
addressed as a priority in the LRSP.
199 7/22/2022 16:05
School
Comment
For heaven' s sake, please start enforcing helmet laws with our local children. I rarely see a helmet on a kid when they're riding bikes on our unsafe streets. Just because we haven' t had a tragedy related to lack of a helmet, doesn' t mean that it can't/won't happen. As an RN, I have seen those injuries first hand among many people over the years, including children. The odds of survivors having a normal life after a head injury goes WAY down.
0 0
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can- canyonlrsp/map#/ marker/ 3
23297
Thank you for taking the time to leave a comment.
Bicycle education and safety are addressed as priorities in the report.
200 7/22/2022 16:06
Driving
Comment
We need a right turn lane at Kimberley and CA-29. Some drivers slow down and almost stop on the CA-29 right lane to turn onto Kimberley, slowing down traffic and causing near misses.
1 0
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can- canyonlrsp/map#/ marker/ 3
23298
Thank you for taking the time to leave a comment.
Intersection safety and speed management/ aggressive
driving are addressed as priorities in the report.
201 7/22/2022 16:08
Driving
Comment
The evening southbound traffic needs to be addressed after South Kelly Rd. 2 0 https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
23300
Thank you for taking the time to leave a comment.
There are planned operational improvements for SR 29
that may help mitigate this issue.
202 7/22/2022 16:08
Driving
Comment
Add DEAD END or Turn indicator sign to prevent people from speeding around the corner. This would also help with people driving through the fence. 2 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
23301
Thank you for taking the time to leave a comment.
Speed management/ aggressive driving is addressed as
a priority in this report.
203 7/22/2022 16:18
Driving
Comment
the potholes at this turn and curve are deep and dangerous. The big rigs that use this road have created unsafe road hazards that need to be filled or repaved.
Someone mentioned having the trucking warehouses pay a fee or 'big rig' tax to help pay or offset the cost of road repairs.
1 1
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can- canyonlrsp/map#/ marker/ 3
23304
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concern will be passed along to the City.
204 7/22/2022 16:29
Driving
Comment
this is 'drag strip alley'.. you can hear the cars gun their engines going east bound after a rolling stop at Elliott) or west bound after sorta stopping at Danrose.
Residents are one drunken fool away from having their backyard plowed. How do we enforce speed limits down here? Can we implement the speed humps that are on Wetlands Edge?
3 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
23308
Thank you for taking the time to leave a comment. To
install speed bumps/ humps, an engineering study will
need to be completed. Speed management/ aggressive
driving are addressed as a priority in this report.
205 7/22/2022 17:20
Driving
Comment
There is a white line painted on Silver Oak Trail attempting to look like a crosswalk but am pretty sure it is not. If it is, it needs to be made compliant. 0 0
https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
23314
Thank you for taking the time to leave a comment. This
was a temporary crosswalk and will be removed. A
compliant crosswalk may be installed in the future.
206 7/22/2022 17:22
Driving
Comment
Can we have 'Napa County' painted on the street at the County line here? There is one on American Canyon road near HWY80. This seems to be a part o a State Highway (" Lincoln Highway").
0 0
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can- canyonlrsp/map#/ marker/ 3
23315
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request will be passed along to the City.
207 7/22/2022 17:57
Driving
Comment
People are often going 40plus miles an hour here especially in the middle of the day 10:30am- 11am.
1 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
23317
Thank you for taking the time to leave a comment.
Speed management/ aggressive driving is addressed as
a priority in this report.
208 7/22/2022 18:54
Driving
Comment
Speeding on James rd is out of hand! 0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
23327
Thank you for taking the time to leave a comment.
Speed management/ aggressive driving is addressed as
a priority in this report.
209 7/22/2022 20:54
Driving
Comment
Is there anything you can do about the speeders on American canyon rd? 0 0 https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
23351
Thank you for taking the time to leave a comment.
Speed management/ aggressive driving is addressed as
a priority in this report.
210 7/22/2022 22:22
Driving
Comment
What are we going to do to stop the cars from speeding? We need to find a way to slow them down! Let me know what I can do to help with this. People walk dogs, ride bikes and take strolls on this street. Our personal car was hit while it was parked! Luckily no one was injured. Please do something about the safety on this street and speeders! This is not a raceway.
1 0
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can- canyonlrsp/map#/ marker/ 3
23369
Thank you for taking the time to leave a comment.
Speed management/ aggressive driving is addressed as
a priority in this report.
I I I I I I I
413
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211 7/22/2022 23:49
Driving
Comment
Official Dedicated Turning Lane - - It has come to my attention that during school hours this intersection is very busy and unofficially people have used the right shoulder as a dedicated turning lane to go right on Newell. 2 0
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can- canyonlrsp/map#/ marker/ 3
23411
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suggestion will be passed along to the City.
212 7/23/2022 0:44
Driving
Comment
Alot of speeding cars daily 0 0
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can- canyonlrsp/map#/ marker/ 3
23414
Thank you for taking the time to leave a comment.
Speed management/ aggressive driving is addressed as
a priority in this report.
213 7/23/2022 3:55
Biking
Comment
Can the yellow posts that narrow down the passage be replaced with speed bumps It is dangerously narrow for a car to pass thru while a cyclist is passing through. I have been squeezed off to the side by cars passing through that won't wait for the cyclist to pass through. Accident waiting to happen !
2 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
23429
Thank you for taking the time to leave a comment. To
install speed bumps/ humps, an engineering study will
need to be completed. Speed management/ aggressive
driving are addressed as a priority in this report.
214 7/23/2022 6:32
Driving
Comment
Many cars drive fast past this park while there are often many children running or riding bikes across the street. Could speed bumps be put in around Gadwall park to deter a tragedy? We have witnessed little ones nearly being run over on several occasions!
0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
23444
Thank you for taking the time to leave a comment. To
install speed bumps/ humps, an engineering study will
need to be completed. Speed management/ aggressive
driving are addressed as a priority in this report.
215 7/23/2022 10:23
Driving
Comment
This is one of the most heavily regulated stretches of street in the city. I would not want this replicated elsewhere.
0 1
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can- canyonlrsp/map#/ marker/ 3
23462
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concern will be passed along to the City.
216 7/23/2022 10:25
Driving
Comment
Visibility at this corner, particularly pulling out from Los Altos, is very difficult. Much worse when traffic is heavier during the school year.
0 0
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can- canyonlrsp/map#/ marker/ 3
23463
Thank you for taking the time to leave a comment.
Intersection safety is addressed as a priority in the
report.
217 7/23/2022 10:34
Driving
Comment
I appreciate the recent enforcement activity on Theresa by a traffic officer. Deploying such a technique on identified trouble spots more regularly would help train drivers on lawful speeds.
0 0
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can- canyonlrsp/map#/ marker/ 3
23466
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Increased enforcement is recommended in this report.
218 7/23/2022 11:17
Biking
Comment
Bicyclists are vehicles and subject to the vehicle code. Stop signs apply to them too.
During the pandemic I saw 2 folks out of at least 100 be safe crossing this intersection. One used hand signals to demonstrate intent, the other slowed to genteel " California Stop". The rest just blew through the intersection at speed. 0 0
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can- canyonlrsp/map#/ marker/ 3
23473
Thank you for taking the time to leave a comment.
Bicycle safety and education are addressed as priorities in the LRSP.
219 7/23/2022 12:41
Driving
Comment
Needs speed calming 0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
23503
Thank you for taking the time to leave a comment.
Speed management/ aggressive driving is addressed as
a priority in the report.
220 7/24/2022 17:11
Pedestrian
Comment
Glad the city is finally adding a connecting sidewalk between Theresa and Donaldson Way but now the need is to finish the connecting bike path from the new Napa Junction School as well
0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
23668
Thank you for taking the time to leave a comment.
Bicycle infrastructure is addressed as a priority in the report.
221 7/25/2022 11:25
Driving
Comment
Rio Grande needs some stop signs. All to often people tend to speed on this road.
W. Carolyn and Rio Grande need a 4 way to many time have I seen people almost get T boned.
1 0
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can- canyonlrsp/map#/ marker/ 3
23813
Thank you for taking the time to leave a comment. To
install an all-way stop, the intersections would need to meet CA MUTCD warrants. Intersection safety is
addressed as a priority in the LRSP.
222 7/25/2022 13:32
Driving
Comment
300 and 400 block wetlands edge rd. Speeders.
General observation stop signs not observed in city. I see people running red lights.
As a pedestrian I have to avoid people backing out of driveways without looking.. always on high alert when walking as drivers take eyes off the road and are careless.
0 0
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can- canyonlrsp/map#/ marker/ 3
23841
Thank you for taking the time to leave a comment.
Speed management/ aggressive driving is addressed as
a priority in this report.
223 7/25/2022 15:28
Driving
Comment
The shoulder should be marked off somehow as there are too many drivers treating it like a third lane heading SB in the late afternoon/ evening. It’s not like we all like sitting in traffic.
0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
23884
Thank you for taking the time to leave a comment.
Planned improvements on SR 29 may address your
concerns. Your comment will be passed along to the
City.
224 7/25/2022 18:46
Driving
Comment
I moved to 224 Wetlands Edge Rd. 21 years ago, and I have since seen a tremendous increase of traffic on my street. We really need some type of speed bumps on this road due to speeders who don't abide by the 25 mph postings. I realize neighborhoods change; however, a traffic study to observe the speeding would be appreciated.
Also, the proposed Eco Center on Wetlands will cause more traffic congestion to our neighborhood.
Thank you
Michelle Torres
0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
23905
Thank you for taking the time to leave a comment. To
install speed bumps/ humps, an engineering study will
need to be completed. Speed management/ aggressive
driving are addressed as a priority in this report.
225 7/26/2022 0:59
Driving
Comment
Just have a cop stand with a radar gun at the edge of Ashby Ct. just out of sight from the speeding vehicles flying down Danrose each afternoon. He can write about 50 tickets during the afternoon commute. Seriously! Northampton has gotten real bad also. You wanna drive fast, take it to Sears point.
0 0
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can- canyonlrsp/map#/ marker/ 3
23974
Thank you for taking the time to leave a comment.
Speed management/ aggressive driving is addressed as
a priority in this report.
226 7/26/2022 6:47
Driving
Comment
Please reduce the speed on American Canyon Road, 45 m.ph. is way too fast for the area
0 0
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can- canyonlrsp/map#/ marker/ 3
24005
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Speed management/ aggressive driving is addressed as
a priority in this report.
227 7/26/2022 6:52
Driving
Comment
Change the light so both sides on Silver Oak Trail go at different times with dedicated turn lights. This light is a huge cause of school traffic and safety issues for pedestrians.
0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
24006
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228 7/26/2022 6:54
Driving
Comment
Reduce speed limit especially if/when extended to Watson Ranch project. I have seen to many near misses with speeding impatient drivers and pedestrians ( most kids going to school)
1 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
24007
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Speed management/ aggressive driving is addressed as
a priority in this report.
I I I I I I I
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229 7/26/2022 6:56
Driving
Comment
speed limit should have never changed this a residential area with a blind curve on this street. Please set it back to 25 m.ph. an maybe add some traffic calming too. 0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
24008
Thank you for taking the time to leave a comment.
Speed management/ aggressive driving is addressed as
a priority in this report.
230 7/26/2022 6:59
Driving
Comment
Please make this a 4 way stop. There is a a lot of fast drivers coming out of the apartments making this a dangerous intersection. It is a safety issue for pedestrians, bicyclists, and drivers.
0 0
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can- canyonlrsp/map#/ marker/ 3
24009
Thank you for taking the time to leave a comment. To
install an all-way stop, the intersections would need to meet CA MUTCD warrants. Intersection safety is
addressed as a priority in the LRSP.
231 7/26/2022 7:02
Driving
Comment
Please make a no parking area at this intersection. The little area at the corner on Tapestry Lane on both sides are NOT parking spots but people often park there any way. It makes it more difficult to navigate this intersection. 0 0
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can- canyonlrsp/map#/ marker/ 3
24011
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232 7/26/2022 7:06
Driving
Comment
Please reduce the speed limit, 55 m.p.h. is too fast for a road with a lot of curves.
Most of the time you can only go 45-50 m.p.h. because of the curves. It would also make it a little safer for the residents on that street. I have seen many close calls with people slowing down to turn to their homes or trying to get out onto American Canyon Road.
0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
24014
Thank you for taking the time to leave a comment.
Speed management/ aggressive driving is addressed as
a priority in the report.
233 7/26/2022 7:09
Driving
Comment
Plants at this intersection ( and several others) make it difficult to see to the left for on coming traffic. You need to pull up close to Donaldson Way E. to be able to see on coming cars. Please plant low growing plants at corners. 1 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
24016
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Intersection safety is addressed as a priority in this
report. Your concern will be passed along to the City.
234 7/26/2022 7:18
Driving
Comment
Traffic calming measures would be nice on this loop of Los Altos Pl. going from Rio Del Mar/Cassayre/ Los Altos intersection to Rio Delmar/ Los Altos Place intersection.
That whole loop has issues with speeding traffic, and one side is narrow and has blind a curve.
1 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
24017
Thank you for taking the time to leave a comment. An
engineering study will need to be completed to install
any traffic calming measures. Speed
management/ aggressive driving is addressed as a
priority in the report.
235 7/26/2022 7:28
Driving
Comment
Please make this a 3 way stop intersection. It is very difficult to see on coming cars when you are on Spikerush Circle. It would improve safety especially during school hours. And adding a crosswalk to cross Wetlands Edge would be helpful once there is stop signs.
1 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
24018
Thank you for taking the time to leave a comment. To
install an all-way stop, the intersections would need to meet CA MUTCD warrants. Intersection safety is
addressed as a priority in the LRSP.
236 7/26/2022 11:21
Pedestrian
Comment
The crosswalks have slightly improved the safety of crossing benton way but this area is still unsafe. I've had many run ins walking/ biking my kids to school here. This is an ill aligned way of entering the parking lot. I have also seen drivers make u turns in this intersection after picking up children. The most trouble is with middle school pick up/drop off.
1 0
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can- canyonlrsp/map#/ marker/ 3
24151
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location is identified as a priority in the report.
237 7/26/2022 15:23
Driving
Comment
Drivers do not stop at the stop signs and speed on this road. This should have speed bumps or some deterrent to slow drivers.
0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
24267
Thank you for taking the time to leave a comment. An
engineering study will need to be completed to install
any traffic calming measures. Speed
management/ aggressive driving is addressed as a
priority in the report.
238 7/26/2022 15:25
Pedestrian
Comment
This trail is never maintained. The weeds are always overgrown, the sidewalk path isn't walkable by pets due to all the cattails and spikey weeds on the tail that affect their paws. Ground crews must maintain this trail to keep it as nice as the primary parks.
0 0
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can- canyonlrsp/map#/ marker/ 3
24268
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239 7/26/2022 20:14
Driving
Comment
The speed for this road ( Elliot Dr.) should not be over 25 mph as this is a residential area. People living along this road should feel safe pulling in and out of their driveways. Suggest lowering speed limit AND installing speed bumps. 0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
24346
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Speed management/ aggressive driving is addressed as
a priority in the report.
240 7/26/2022 20:16
Driving
Comment
Road is in very bad shape. Needs repaving. 0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
24347
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241 7/26/2022 20:19
Biking
Comment
Need a safer way to bike through American Canyon towards Napa or Vallejo. A Class 1 bike lane is highly recommended along Highway 29. 0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
24348
Thank you for taking the time to leave a comment.
There are planned multimodal improvements for SR 29.
242 7/26/2022 20:22
Driving
Comment
Several intersections along Crawford Way lack stop signs. Almost seems like an accident just waiting to happen. Might be best to remedy this BEFORE an accident actually occurs.
0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
24349
Thank you for taking the time to leave a comment. To
install an all-way stop, the intersections would need to meet CA MUTCD warrants. Intersection safety is
addressed as a priority in the LRSP.
243 7/26/2022 20:25
Driving
Comment
Stop signs are generally ignored along Wetlands Edge Road. Traffic officers regularly stationed along this road every day may help to curb this very bad habit.
Police officers would definitely fulfill their monthly ticket quotas if they took this suggestion to heart.
0 0
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can- canyonlrsp/map#/ marker/ 3
24350
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Speed management/ aggressive driving and increased
enforcement are addressed as priorities in the report.
244 7/26/2022 20:34
Driving
Comment
Traffic coming from the church ( Holy Family), the strip mall, and the hotel is bottlenecked here, as there is no light and cars can only make a right turn here.
Suggest installing a 4-way intersection across Highway 29 and a traffic light. 0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
24353
Thank you for taking the time to leave a comment. To
install an all-way stop or signal, the intersections would need to meet CA MUTCD warrants. Intersection safety
is addressed as a priority in the LRSP.
245 7/26/2022 20:38
Driving
Comment
There is no other way out of the hotel, church, and strip mall areas except to exit via Highway 29. There should be an alternate route that allows access to other roads on the East side of Highway 29.
0 0
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can- canyonlrsp/map#/ marker/ 3
24354
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suggestion will be passed along to the City.
246 7/27/2022 9:18
Driving
Comment
Newell Drive from American Canyon Road traveling northbound. Without a doubt, morning commuters will use this stretch of road to bypass traffic from NB highway
29. Please consider speed calming alternatives ( solar speed sign, rumble strips, speed bumps, speed traffic ticket cameras). It appears 2 NB lanes will converge into 1 NB lane after crossing Donaldson once construction is complete on the Newell Dr extension. The opposite will happen in the afternoon going southbound on this road.
0 0
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can- canyonlrsp/map#/ marker/ 3
24433
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location is identified as a priority in the report.
247 7/27/2022 10:13
Driving
Comment
This intersection needs more signs reminding drivers that it is a 4 way stop a flashing light or something else. Drives heading south on James can not see and choose to not see the people stopping on the right side of Donaldson Way heading East towards Highway 29. So many times drivers have rolled and either almost hit us, others and pedestrians too.
0 0
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can- canyonlrsp/map#/ marker/ 3
24470
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Intersection safety and speed management/ aggressive
driving are addressed as priorities in the report.
I I I I I I I
415
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248 7/27/2022 10:16
Driving
Comment
This intersection is very dangerous. This has a blind curve coming from Rio Grande towards Carolyn. Many drive speed down this road. This intersection could use a crosswalk with a light. We live on this street and trying to back out is getting more difficult every day.
1 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
24471
Thank you for taking the time to leave a comment.
Intersection safety and speed management/ aggressive
driving are addressed as priorities in the report.
249 7/27/2022 20:12
Driving
Comment
Cars speed down Donaldson Way, the majority at speeds over 35mph. We've run our own traffic studies here. We have much more extensive traffic surveys running 2+ years on Wetlands Edge Road. If it will help, we can expand our study on Donaldson Way to provide statistical evidence of the problem as we've done for Wetlands Edge. Appreciate the city's help with traffic calming. 12 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
24687
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your coordination with the City. Speed
management/ aggressive driving is addresses as a
priority in the report.
250 7/27/2022 21:48
Driving
Comment
Vehicles routinely fail to yield at this three-way stop. When they do stop, many southbound drivers accelerate towards the middle school, reaching 35+mph by the time they pass our speed camera, just three houses down. Cars turning from Rio Del Mar too often speed up through the turn instead of stopping. I'm thankful and surprised that nobody has been seriously injured yet.
14 0
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can- canyonlrsp/map#/ marker/ 3
24706
Thank you for taking the time to leave a comment.
Intersection safety and speed management/ aggressive
driving are addressed as priorities in the report.
251 7/27/2022 22:04
Pedestrian
Comment
The crosswalk between Rio Del Mar and Wetlands Edge Road is heavily trafficked by pedestrians, parents with strollers and lots of dog walkers. Cars that assume people will wait while they run the stop sign is a fatality waiting to happen. 14 0
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can- canyonlrsp/map#/ marker/ 3
24711
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Pedestrian safety is addressed as a priority in this
report.
252 7/28/2022 17:56
Driving
Comment
Optional stop sign. Cars turn off of Wetlands Edge without stopping, then cruise through this turn without stopping. Same drivers, our neighbors, run the same course in reverse too.
13 0
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can- canyonlrsp/map#/ marker/ 3
25142
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Increased enforcement is recommended in this report.
253 7/28/2022 18:14
Driving
Comment
It makes safe-sense to install speed cushions the length of Wetlands Edge. The 500 block proves that it makes cars slow down and drive more safely. But when they reach the 400 block, they take off again. By the time they reach the 300 block, they are dangerous and we can only hope they slow past the middle school. In reverse, there is no reason for people to drive safely until they reach the end of Wetland Edge near the park.
13 1
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
25145
Thank you for taking the time to leave a comment. To
install speed bumps/ humps, an engineering study will
need to be completed. Speed management/ aggressive
driving are addressed as a priority in this report.
254 7/28/2022 18:22
Pedestrian
Comment
A hit-and-run driver killed a 13-year-old dog, nearly killed his owner, and never even slowed down. Mottu flew into the air and landed 40 ft from where his owner was nearly killed as well. This was February 3rd, 2019, but could easily happen today. 0 0
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can- canyonlrsp/map#/ marker/ 3
25148
Thank you for taking the time to leave a comment. We
are sorry to hear about this. Speed
management/ aggressive driving is addressed as a
priority in this report.
255 7/28/2022 18:23
Pedestrian
Comment
A hit-and-run driver killed a 13-year-old dog, nearly killed his owner, and never even slowed down. Mottu flew into the air and landed 40 ft from where his owner was nearly killed as well. This was February 3rd, 2019, but could easily happen today. 0 0
https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
25150
Thank you for taking the time to leave a comment. We
are sorry to hear about this. Speed
management/ aggressive driving is addressed as a
priority in this report.
256 7/28/2022 18:39
Driving
Comment
Our neighbor was pulling out of her driveway in 2018 and was T-boned by a car that police estimated was speeding at 50 mph. Luckily her children were not in the car. 13 1
https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
25154
Thank you for taking the time to leave a comment. We
are sorry to hear about this. Speed
management/ aggressive driving is addressed as a
priority in this report.
257 7/28/2022 19:22
Driving
Comment
Speeding cars overtake bicyclists and slower ( e.g., 25mph) vehicles at high rates of speed.
12 1
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
25161
Thank you for taking the time to leave a comment.
Speed management/ aggressive driving is addressed as
a priority in this report.
258 7/28/2022 19:25
Driving
Comment
Traffic speeds are unsafe. Speed cushions decreased speeding on the 500 block by 54%! We are tracking cars and their speeds as they pass our house. This speed study has been underway for two-years. A similar study was conducted in the 500 block of Wetlands Edge. After speed cushions, speeding reduced from 72% to 18%.
Excessive speeding (& gt;35mph) has decreased to one-half percent. Traffic calming works! More please - the length of Wetlands Edge.
11 1
https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
25162
Thank you for taking the time to leave a comment. To
install speed bumps/ humps, an engineering study will
need to be completed. Speed management/ aggressive
driving are addressed as a priority in this report.
259 7/28/2022 19:32
Pedestrian
Comment
hit-and-run driver ended the life of a 13-year- old dog, nearly hitting his owner, and never even slowed down. Mottu flew into the air and landed 40 ft from where his owner was nearly hurt as well. This was February 3rd, 2019, but could easily happen today.
12 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
25163
Thank you for taking the time to leave a comment. We
are sorry to hear about this. Speed
management/ aggressive driving is addressed as a
priority in this report.
260 7/28/2022 20:18
Driving
Comment
I agree with others that there needs to be traffic calming measures. I watched several cars speed by and a few were clocked at 36 m.p.h. and 38 m.p.h by "this is your speed" sign.
1 0
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can- canyonlrsp/map#/ marker/ 3
25169
Thank you for taking the time to leave a comment. To
install speed bumps/ humps, an engineering study will
need to be completed. Speed management/ aggressive
driving are addressed as a priority in this report.
261 7/29/2022 12:08
Driving
Comment
Fix the road! My car is vibrating apart here. I may go back to Tijuana. It was better roads there.
0 0
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can- canyonlrsp/map#/ marker/ 3
25352
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concern will be passed along to the City.
262 7/29/2022 15:26
Pedestrian
Comment
Distracted drivers do not pay attention to pedestrians crossing to go back and forth to the park. Pedestrian Beacons would be a great addition. 1 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
25504
Thank you for taking the time to leave a comment.
Pedestrian safety and crossing improvements are
addressed as priorities in the report.
263 7/29/2022 15:27
Pedestrian
Comment
Pedestrian beacons are a must at this intersection. 1 0 https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
25505
Thank you for taking the time to leave a comment.
Pedestrian safety and crossing improvements are
addressed as priorities in the report.
264 7/29/2022 15:27
Pedestrian
Comment
Pedestrian beacons are a must at this intersection. 10 0 https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
25506
Thank you for taking the time to leave a comment.
Pedestrian safety and crossing improvements are
addressed as priorities in the report.
265 7/29/2022 15:29
Pedestrian
Comment
Pedestrian beacons are a must at this intersection. 0 0 https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
25507
Thank you for taking the time to leave a comment.
Pedestrian safety and crossing improvements are
addressed as priorities in the report.
266 7/29/2022 15:30
Pedestrian
Comment
Pedestrian beacons are a must at this intersection. 0 0 https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
25508
Thank you for taking the time to leave a comment.
Pedestrian safety and crossing improvements are
addressed as priorities in the report.
I I I I I I I
416
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267 7/29/2022 15:31
Pedestrian
Comment
Pedestrian beacons are a must at this intersection. 1 0 https:// ghd. mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
25509
Thank you for taking the time to leave a comment.
Pedestrian safety and crossing improvements are
addressed as priorities in the report.
268 7/29/2022 15:31
Pedestrian
Comment
Pedestrian beacons are a must at this intersection. 1 0 https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
25510
Thank you for taking the time to leave a comment.
Pedestrian safety and crossing improvements are
addressed as priorities in the report.
269 7/29/2022 15:32
Pedestrian
Comment
Pedestrian beacons are a must at this intersection. 1 0 https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
25512
Thank you for taking the time to leave a comment.
Pedestrian safety and crossing improvements are
addressed as priorities in the report.
270 7/29/2022 15:33
Pedestrian
Comment
Pedestrian beacons are a must at this intersection. 0 0 https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
25513
Thank you for taking the time to leave a comment.
Pedestrian safety and crossing improvements are
addressed as priorities in the report.
271 7/29/2022 15:35
Pedestrian
Comment
Pedestrian beacons are a must at this intersection. It’s extremely dangerous to cross specially for students going to ACMS or ACHS at either side of town. 0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
25514
Thank you for taking the time to leave a comment.
Pedestrian safety and crossing improvements are
addressed as priorities in the report.
272 7/29/2022 15:42
School
Comment
Students cross this intersection every day, and it’s so dangerous. Add extra preventative systems to ensure safety.
0 0
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can- canyonlrsp/map#/ marker/ 3
25516
Thank you for taking the time to leave a comment.
There are planned multimodal improvements for SR 29
that may address this.
273 7/29/2022 15:43
Biking
Comment
Need more bike signage, green bike lanes, more safety for bikers of all ages. 0 0 https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
25517
Thank you for taking the time to leave a comment. Bike
infrastructure and safety are addressed as priorities in this report.
274 7/29/2022 15:45
Pedestrian
Comment
Pedestrian beacons are a must at this intersection. 0 0 https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
25519
Thank you for taking the time to leave a comment.
Pedestrian safety and crossing improvements are
addressed as priorities in the report.
275 7/29/2022 15:46
Pedestrian
Comment
Pedestrian beacons are a must at this intersection. 1 0 https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
25520
Thank you for taking the time to leave a comment.
Pedestrian safety and crossing improvements are
addressed as priorities in the report.
276 7/29/2022 15:47
Biking
Comment
Bike lanes all the way on American Canyon Rd. 0 0
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can- canyonlrsp/map#/ marker/ 3
25521
Thank you for taking the time to leave a comment. Bike
infrastructure and safety are addressed as priorities in this report.
277 7/29/2022 15:49
Biking
Comment
Add green biking lane all along Benton. 0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
25523
Thank you for taking the time to leave a comment. This
location is addressed as a priority in the LRSP.
278 7/29/2022 15:54
Pedestrian
Comment
Vegetation too tall. Drivers can't see someone behind this tall grass. We've reported it multiple times.
7 0
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can- canyonlrsp/map#/ marker/ 3
25524
Thank you for taking the time to leave a comment.
Intersection safety is addressed as a priority in the
report.
279 7/29/2022 16:03
Driving
Comment
I routinely see people speed/ slide around this corner. A few months ago someone lost control and took out the fence ( yet to be replaced).
There are children on this street to play and walk to the adjacent park.
Please figure out a way to slow down the curve
10 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
25525
Thank you for taking the time to leave a comment.
Speed management/ aggressive driving is addressed as
a priority in this report.
280 7/29/2022 16:09
Driving
Comment
Giant underpass for hwy29/ broadway!!! 0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
25528
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Planned improvements on SR 29 may address your
concerns. Your comment will be passed along to the
City.
281 7/29/2022 16:10
Driving
Comment
Can we restrict left turn off of Hwy 29 onto Kimberley. Way too many accidents over the years. I feel sorry for those living on the corner. Their fence has been rebuilt so many times. Someone will be killed one day.
0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
25529
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Planned improvements on SR 29 may address your
concerns. Your comment will be passed along to the
City.
282 7/29/2022 16:11
Driving
Comment
So many speeders! This is another hwy29!!! This area needs help. Also need to be replaced or speed humps placed.
0 0
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lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
25530
Thank you for taking the time to leave a comment.
Speed management/ aggressive driving is addressed as
a priority in this report.
283 7/29/2022 16:13
Driving
Comment
This road needs to be repaired badly. Lots of highway traffic from 29 cuts these surface streets when the highway gets backed up during high traffic hours. Major speed trap needs to happen here! They’ d make lots of $$ 0 0
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can- canyonlrsp/map#/ marker/ 3
25531
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284 7/29/2022 16:29
Driving
Comment
The quality of the road here is very bad on the 300 block of Rio Del Mar. This is very difficult for the bus, cars and our neighbors.
7 0
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can- canyonlrsp/map#/ marker/ 3
25538
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concern will be passed along to the City.
285 7/29/2022 16:31
Driving
Comment
Road quality is very poor. It's been 40+ years since the street was repaved. 7 0 https:// ghd.mysocia
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can- canyonlrsp/map#/ marker/ 3
25539
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concern will be passed along to the City.
286 7/29/2022 16:32
Driving
Comment
Road needs to be repaved. The bus and cars use this heavily and it throws rocks now.
7 0
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can- canyonlrsp/map#/ marker/ 3
25540
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concern will be passed along to the City.
I I I I I I I
417
ID Created on Type Comment
Up
Votes
Down
Votes
View on map Response to Comment
287 7/29/2022 16:43
Driving
Comment
Drivers are constantly running the stop signs and speeding down Theresa Ave/Los Altos Dr/Eucalyptus at high speeds. I live on this street and traffic has progressively gotten worse over the last few years. Even attempting to cross the street here has become dangerous during peak traffic hours. More police presence is needed here during traffic peak times and traffic calming measures would be helpful as well. 1 0
https:// ghd. mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
25543
Thank you for taking the time to leave a comment.
Speed management/ aggressive driving and increased
enforcement are addressed as priorities in the report.
288 7/29/2022 16:54
Driving
Comment
Large trucks/ Semis often drive through Los Altos. Those vehicles are way to large and big to have them driving through residential streets. 1 0
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can- canyonlrsp/map#/ marker/ 3
25547
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concern will be passed along to the City.
289 7/29/2022 21:04
Driving
Comment
Everyday there are cars speeding down our street, Elliott Dr., past the speed limit.
We have two small children, and we are always worried whenever we walk out our front door. Would it be possible to place speed bumps on our street? I think this would help in terms of forcing people to slow down. Maybe even add a speedometer sign too. This is my top concern for our city.
0 0
https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
25627
Thank you for taking the time to leave a comment. To
install speed bumps/ humps, an engineering study will
need to be completed. Speed management/ aggressive
driving are addressed as a priority in this report.
290 7/30/2022 0:35
Driving
Comment
Blind spot for drivers turning left. People speed around the curb, or even if going slightly over speed limit, it's always nearly a missed collision as the driver turning left from Toscana is also watching cars turning right around corner onto Silver Oak Trail from AC Road. It's dangerous.
0 0
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can- canyonlrsp/map#/ marker/ 3
25659
Thank you for taking the time to leave a comment.
Intersection safety is addressed as a priority in the
report.
291 7/30/2022 0:36
Driving
Comment
Drivers are constantly speeding down this street, putting our young children playing outside in danger.
0 0
https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
25660
Thank you for taking the time to leave a comment.
Speed management/ aggressive driving and increased
enforcement are addressed as priorities in the report.
292 7/30/2022 0:40
Transit
Comment
Parking is extremely congested on this street due to apartment tenants not being given sufficient parking spots within their complex. Have also had multiple commercial vehicles ( Adecco) using this street as their commercial parking lot. 1 0
https:// ghd.mysocia
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can- canyonlrsp/map#/ marker/ 3
25661
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concern will be passed along to the City.
293 7/30/2022 7:16
Driving
Comment
PLEASE consider adding a stop sign here on Rio Del Mar between Carolyn and Los Altos. The high speeds are very dangerous!
0 0
https:// ghd.mysocia
lpinpoint. com/ ameri
can- canyonlrsp/map#/ marker/ 3
25682
Thank you for taking the time to leave a comment. To
install an all-way stop or signal, the intersections would need to meet CA MUTCD warrants. Intersection safety
is addressed as a priority in the LRSP.
I I I I I I I
418
City of American Canyon Local Roadway Safety Plan | Final Appendix B
Collision Data
419
Collisions at Selected Intersections
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1 Green Island Rd Mezzetta Ct City 2 1 1 2 12 12 2 2
2 Green Island Rd Commerce Blvd City 3 1 1 1 1 2 3 3 0 3 3 Green Island Rd Paoli Loop Rd City 2 1 1 2 2 2 0 2
4 Commerce Blvd Hanna Dr City 2 2 1 1 2 2 0 2
5 Paoli Loop Rd Klamath Ct City 0 0 0 0
6 Paoli Loop Rd Watson Ln City 2 1 1 1 1 2 2 0 2
7 Napa Junction Rd Theresa Ave City 0 0 0 0
8 Napa Junction Rd Lombard Rd City 0 0 0 0
9 Napa Junction Rd Main St City 2 1 1 1 1 2 2 0 2
10 Eucalyptus Dr Main St City 1 1 1 1 1 1 12 12 1 2
11 Eucalyptus Dr Theresa Ave City 0 0 0 0
12 Theresa Ave Los Altos Pl City 1 1 1 6 6 1 1
13 Rio Grande Bufflehead St City 1 1 1 1 1 0 1
14 Eucalyptus Dr Rio Del Mar City 2 1 1 1 1 2 2 0 2
15 Wetlands Edge Rd Bluebell St City 1 1 1 1 1 0 1
16 Redhead St Bluebell St City 1 1 1 1 1 0 1
17 Donaldson Way Landana St City 1 1 1 11 11 1 1
18 Rio Del Mar Spikerush Cir City 1 1 1 1 1 0 1
19 Rio Del Mar Donaldson Way City 1 1 1 1 1 0 1
20 Rio Del Mar Gisela Dr City 1 1 1 11 11 1 1
21 Rio Del Mar Los Altos Pl City 1 1 1 1 2 1 1 2 36 197 2 3 22 Donaldson Way Amarillo Dr City 1 1 1 1 1 0 1
23 James Rd Wilson Way City 1 1 1 1 1 0 1
24 Summerwood Dr Mascota Way City 1 1 1 1 1 0 1
25 Tapestry Ln Covina Ct City 1 1 1 1 1 0 1
26 Tapestry Ln Summerwood Dr City 1 1 1 11 11 1 1
27 Tuscan Oak Trail Golden Brook Ln City 1 1 1 1 1 0 1
28 Benton Way Wetlands Edge Rd City 2 1 1 1 1 2 2 0 2
29 Benton Way Huntington Way City 1 1 1 1 1 0 1
30 Benton Way Chaucer Ln City 1 1 1 1 1 0 1
31 Donaldson Way W Elliott Dr City 2 1 1 2 12 12 2 2
32 Donaldson Way W Carolyn Dr City 1 1 1 1 6 6 1 1
33 Donaldson Way E Tuscan Oak Trail City 1 1 1 1 1 0 1
34 Donaldson Way E Summerwood Dr City 1 1 1 1 1 0 1
35 Donaldson Way E Vinegate Way City 1 1 1 1 1 0 1
36 Donaldson Way E Shenandoah Dr City 1 1 1 1 1 1 1 12 12 1 2 37 Donaldson Way E Newell Dr City 1 1 3 1 2 2 2 1 2 20 20 2 5 38 Newell Dr Granite Springs Way City 2 1 1 1 1 1 12 12 2 2 39 Newell Dr Silver Oak Trail City 3 1 1 1 2 1 3 3 0 3
40 Huntington Way Abbey Ct City 1 1 1 1 1 0 1
41 Elliott Dr Crawford Way City 0 0 0 0
42 Crawford Way Norwick Ct City 1 1 1 11 11 1 1
43 Crawford Way Andrew Rd City 1 1 1 1 1 0 1
44 James Rd Crawford Way City 1 1 1 1 1 0 1
45 Shenandoah Dr Sirah Dr City 1 1 1 1 1 0 1
46 Silver Oak Trail Toscana Dr City 1 1 1 6 6 1 1
47 Toscana Dr Stonecreek Dr City 0 0 0 0
48 Toscana Dr Karly Ct City 1 1 1 1 1 0 1
49 W American Canyon RdWetlands Edge Rd City 2 1 1 1 1 1 12 12 2 2 50 W American Canyon RdHummingbird Way City 0 0 0 0
51 W American Canyon RdChaucer Ln City 1 1 1 1 11 11 1 1 52 W American Canyon RdElliott Dr City 1 2 1 1 1 1 1 2 8 8 1 3 53 W American Canyon RdJames Rd City 1 2 1 1 1 1 1 1 1 8 8 1 3 54 American Canyon Rd Broadway/Silver Oak Trail City 2 9 17 3 2 6 11 1 4 1 3 3 4 2 13 4 5 129 311 11 28 55 American Canyon Rd Redwood Cir City 1 1 1 2 1 1 2 18 18 2 3 56 American Canyon Rd Newell Dr/Flosden Rd City 1 2 8 8 1 4 3 7 2 1 1 1 7 4 6 2 107 198 11 19 57 American Canyon Rd Via Firenze City 1 1 5 2 1 1 2 1 1 2 1 3 22 22 2 7 58 Vinci Way Carrara Ct City 0 0 0 0
59 Northampton Dr Chaucer Ln City 1 1 1 1 11 11 1 1
60 Northampton Dr Brixton Ct City 1 1 1 1 1 0 1
61 Northampton Dr Danrose Dr City 1 1 1 1 1 0 1
62 Wetlands Edge Rd Kensington Way City 1 1 1 1 1 0 1
63 Chaucer Ln Northrup Ln City 1 1 1 1 1 0 1
64 Elliott Dr Folland Dr City 1 1 2 1 1 12 12 1 2
65 Folland Dr Kemp Way City 1 1 1 1 1 0 1
66 Folland Dr Danrose Dr City 2 1 1 1 1 12 12 2 2
67 Kemp Ln Sheffield Way City 1 1 1 1 1 0 1
68 Danrose Dr Reed Dr City 2 1 1 1 1 2 2 0 2
69 Kimberly Dr Meadow Bay Dr City 1 1 1 1 1 0 1
70 Kimberly Dr Poppyfield Dr City 0 0 0 0
71 Kimberly Dr Elliott Dr City 1 1 1 6 6 1 1
72 Kimberly Dr Danrose Dr City 0 0 0 0
73 Kimberly Dr Tyler Ct City 1 1 2 2 12 12 1 2
74 Cattail Dr Cattail Ct City 1 1 1 1 1 0 1
75 Danrose Dr Patricia Dr City 1 1 1 6 6 1 1
76 Marla Dr Meadow Bay Dr City 0 0 0 0
77 Elliott Dr Lisa Ct City 0 0 0 0
78 Elliott Dr Marla Dr City 1 1 1 1 1 0 1
79 Broadway Veterans Memorial Park City 1 1 1 1 1 0 1
80 Broadway Ventana Dr City 1 2 1 1 1 3 13 13 1 3
81 Ventana Dr Independence Ct City 1 1 1 1 1 0 1
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83 Spring Mountain Ln Canyon Creek Dr City 1 1 1 6 6 1 1 84 Flosden Rd Canyon Creek Dr City 1 3 3 2 1 3 1 1 1 2 2 1 1 32 32 4 7 85 Flosden Rd Daniel Dr City 1 1 1 2 1 1 1 1 1 1 1 3 1 1 562 209 3 5 86 Flosden Rd Via Bellagio City 1 2 4 2 3 2 2 2 3 27 27 3 7 87 Via Bellagio Verona Dr City 1 1 1 1 1 0 1
88 Via Bellagio Via Firenze City 1 1 1 1 11 11 1 1
89 Via Bellagio Via La Morra City 1 1 1 1 1 0 1
90 Via La Morra Biella Ct City 0 0 0 0
2901 SR 29 S Kelly Rd 29 1 1 1 1 1 0 1
2902 SR 29 Green Island Rd 29 1 2 4 8 1 1 9 3 1 6 4 2 2 1 83 244 7 15 2903 SR 29 Napa Junction Rd 29 3 13 15 1 2 20 5 1 1 1 1 8 6 8 6 3 126 126 16 31 2904 SR 29 Main St 29 1 3 1 2 1 3 1 9 9 1 4
2905 SR 29 Eucalyptus Dr 29 2 8 17 1 1 22 2 1 6 5 10 2 4 87 87 10 27 2906 SR 29 Rio Del Mar 29 3 5 13 29 2 2 38 4 1 2 1 2 7 13 13 10 7 249 522 21 50 2907 SR 29 Poco Way 29 2 1 4 9 2 7 6 1 3 5 2 3 3 102 424 7 16 2908 SR 29 Donaldson Way 29 2 5 18 4 16 3 1 1 1 1 5 5 7 4 4 70 70 7 25 2909 SR 29 Holcomb Ln 29 1 1 1 6 6 1 1
2910 SR 29 Crawford Way 29 1 3 7 1 6 2 1 1 2 3 3 1 2 36 36 4 11 2911 SR 29 American Canyon Rd 29 4 1 21 33 2 7 30 15 3 1 1 1 3 18 8 8 11 14 286 650 26 59 2912 SR 29 Kimberly Dr 29 3 8 5 1 4 8 2 1 3 4 5 4 86 86 11 16 433Total 1 14 40 126 252 24 52 188 94 38 5 18 14 18 11 91 94 107 69 72 - - - 11111111111111111111·
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Collisions at Selected Segments
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1 Devlin Rd Middleton Way N City Limit City 1 1 1 1 1 0 1 2 Green Island Rd W City Limit Jim Oswalt Way City 1 1 1 1 1 0 1 3 Green Island Rd Commerce Blvd Paoli Loop Rd City 1 1 1 1 1 1 17 17 2 2 4 Mezzetta Ct Green Island Rd End City 1 1 1 1 1 0 1
5 Commerce Blvd Green Island Rd Hess Collection Dwy City 3 1 2 1 1 1 3 3 0 3 6 Paoli Loop Rd SR 29 SR 29 Overpass City 2 7 3 1 1 2 2 1 1 2 3 2 29 29 2 9 7 Watson Ln Paoli Loop Rd End City 1 1 1 1 1 0 1
8 Lombard Rd Napa Junction Rd End City 1 1 1 1 1 0 1
9 Napa Junction Rd SR 29 Steel Mill Recycling Dwy City 2 1 1 1 1 2 2 0 2 10 Main St Napa Junction Rd Eucalyptus Dr City 1 1 1 1 1 0 1 11 Eucalyptus Dr SR 29 Shopping Center Dwy City 0 0 0 0 12 Eucalyptus Dr Wetlands Edge Rd Donaldson Way City 1 2 1 2 1 1 1 13 13 1 3 13 Gadwell St Ring Neck St Greenwing St City 1 1 1 1 1 0 1 14 Donaldson Way Elke Dr Eucalyptus Dr City 0 0 0 0
15 Los Altos Pl Rio Del Mar Theresa Ave City 1 1 1 6 6 1 1 16 Rio Del Mar Spikerush Cir Carolyn Dr City 2 1 1 1 1 2 2 0 2 17 Rio Del Mar Carolyn Dr Eucalyptus Dr City 5 1 3 1 2 1 1 1 5 5 0 5 18 Cassayre Dr Rio Del Mar Melvin Rd City 1 1 1 1 1 0 1 19 Los Altos Pl Rio Del Mar Carolyn Dr City 1 2 2 1 1 2 13 13 1 3 20 Del Rey Ct Los Altos Pl End City 1 1 1 1 1 0 1
21 Melvin Rd Poco Way Wilson Way City 1 1 1 1 2 12 12 1 2 22 Tapestry Ln Mascota Way Summerwood Dr City 3 1 1 1 1 1 1 3 3 0 3 23 Corvina Ct Tapestry Ln Tuscan Oak Trail City 1 1 1 1 1 0 1 24 Golden Brook Ln Tuscan Oak Trail Summerwood Dr City 1 1 1 1 1 0 1 25 Summerwood Dr Golden Brook Ln Donaldson Way E City 1 1 1 1 1 0 1 26 Donaldson Way E SR 29 Newell Dr City 1 1 1 1 1 1 7 7 1 2 27 James Rd Wilson Way Thayer Way City 1 4 1 1 2 1 1 1 2 1 10 10 1 5 28 Wetlands Edge Rd Spikerush Cir W American Canyon Rd City 1 1 1 1 1 0 1 29 Elliott Dr Donaldson Way W W American Canyon Rd City 1 1 1 1 1 0 1 30 Andrew Rd Donaldson Way W Thayer Way City 1 1 1 1 1 0 1 31 Thayer Way Andrew Rd James Rd City 1 1 1 1 1 0 1
32 Donaldson Way W Carolyn Dr SR 29 City 0 0 0 0
33 W American Canyon Rd James Rd SR 29 City 3 4 2 5 4 1 2 22 22 3 7 34 American Canyon Rd SR 29 Silver Oak Trail City 3 2 2 1 4 1 1 1 4 1 2 47 47 5 7 35 American Canyon Rd Silver Oak Trail Newell Dr City 2 6 1 2 1 4 3 2 1 1 1 18 18 2 8 36 American Canyon Rd Newell Dr E City Limit City 1 1 7 2 2 3 1 1 2 4 2 1 42 178 2 9 37 Silver Oak Trail American Canyon Rd Newell Dr City 3 1 1 1 1 2 3 3 0 3 38 Newell Dr Silver Oak Trail American Canyon Rd City 1 1 2 1 1 544 166 1 2 39 Kensington Way Wetlands Edge Rd Chaucer Ln City 1 1 1 1 1 0 1 40 Northampton Dr Elliott Dr Danrose Dr City 1 1 1 1 1 0 1 41 Elliott Dr W American Canyon Rd Knightsbride Way City 1 1 1 1 1 0 1 42 Elliott Dr Knightsbride Way Marla Dr City 4 1 3 2 1 1 4 4 0 4 43 Ashby Pl Danrose Dr End City 1 1 1 1 1 0 1
44 Linwood Ln Knightsbride Way End City 1 1 1 1 1 0 1
45 Folland Dr Elliott Dr Corbin Dr City 1 1 1 1 1 0 1
46 Danrose Dr Folland Dr Marla Dr City 1 2 1 1 1 1 1 1 8 8 1 3 47 Kimberly Dr Elliot Dr Folland Dr City 0 0 0 0
48 Meadow Bay Dr Kimberly Dr Marla Dr City 1 1 1 1 1 0 1 49 Poppyfield Dr Kimberly Dr Marla Dr City 1 1 1 1 1 0 1 50 Capra Dr Elliott Dr Blanco St City 1 1 1 1 1 1 1 7 7 1 2 51 Marla Dr Meadow Bay Dr Elliott Dr City 2 2 1 1 2 2 0 2 52 Ventana Dr Broadway Highridge Dr City 2 2 1 1 2 2 0 2 53 Independence Dr Ventana Dr Ford Dr City 1 1 1 1 1 0 1 54 Goldfinch Dr Montevino Dr Vine Terrace Way City 1 1 1 1 1 0 1 55 Flosden Rd American Canyon Rd Daniel Dr City 0 0 0 0 56 Flosden Rd Daniel Dr S City Limit City 2 7 1 3 5 2 3 2 2 19 19 2 9 57 Tolentino Dr Palazzo Way Palestrina Ct City 1 1 1 1 1 0 1 2901 SR 29 (Lincoln Hwy) Kelly Rd Green Island Rd 29 3 4 2 4 1 5 1 1 22 22 3 7 2902 SR 29 (Broadway) Green Island Rd Napa Junction Rd 29 11 14 1 3 16 5 7 4 6 3 5 80 80 11 25 2903 SR 29 (Broadway) Napa Junction Rd Rio Del Mar 29 1 6 7 1 1 12 2 3 4 3 2 54 54 7 14 2904 SR 29 (Broadway) Rio Del Mar Donaldson Way 29 1 9 11 2 16 2 1 3 9 2 5 2 76 76 10 21 2905 SR 29 (Broadway) Donaldson Way American Canyon Rd 29 2 7 4 4 3 6 3 5 1 1 3 68 68 9 13 2906 SR 29 American Canyon Rd S City Limit 29 2 4 5 12 5 1 11 3 2 1 1 5 5 3 3 7 1172 416 11 23 Total 3 1 17 57 152 24 41 87 20 43 3 2 10 2 1 58 50 43 43 36 --- 230 To
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Countermeasures for Non- Signalized Intersections
No. Type Countermeasure Name Crash Type CRF
Expected Life
Years)
HSIP
Funding
Eligibility
Systemic
Approach
Opportunity?
NS01 Lighting Add intersection lighting Night 40% 20 90% Medium NS02* Control Evaluate conversion to all-way STOP control (from 2-way or Yield control)* All 50% 10 90% High NS03* Control Evaluate installing signals* All 30% 20 90% Low NS04 Control Convert intersection to roundabout ( from all way stop) All Varies 20 90% Low NS05 Control Convert intersection to roundabout ( from stop or yield control on minor road) All Varies 20 90% Low NS05mr Control Convert intersection to mini-roundabout All 30% 20 90% Medium NS06 Operation/ Warning Install/ upgrade larger or additional stop signs or other intersection warning/ regulatory signs All 15% 10 90% Very High NS07 Operation/ Warning Upgrade intersection pavement markings All 25% 10 90% Very High NS08 Operation/ Warning Install Flashing Beacons at Stop-Controlled Intersections All 15% 10 90% High NS09 Operation/ Warning Install flashing beacons as advance warning All 30% 10 90% High NS10 Operation/ Warning Install transverse rumble strips on approaches All 20% 10 90% High NS11 Operation/ Warning Improve sight distance to intersection ( Clear Sight Triangles) All 20% 10 90% High NS12 Operation/ Warning Improve pavement friction ( High Friction Surface Treatments) All 55% 10 90% Medium NS13 Geometric Mod. Install splitter- islands on the minor road approaches All 40% 20 90% Medium NS14 Geometric Mod. Install raised median on approaches All 25% 20 90% Medium NS15 Geometric Mod. Create directional median openings to allow (and restrict) left-turns and u- turns All 50% 20 90% Medium NS16 Geometric Mod. Reduced Left-Turn Conflict Intersections All 50% 20 90% Medium NS17 Geometric Mod. Install right-turn lane All 20% 20 90% Low NS18 Geometric Mod. Install left-turn lane (where no left-turn lane exists) All 35% 20 90% Low NS19PB Ped and Bike Install raised medians / refuge islands Ped and Bike 45% 20 90% Medium NS20PB Ped and Bike Install pedestrian crossing at uncontrolled locations (new signs and markings only) Ped and Bike 25% 10 90% High NS21PB Ped and Bike Install/ upgrade pedestrian crossing at uncontrolled locations ( with enhanced safety features) Ped and Bike 35% 20 90% Medium NS22PB Ped and Bike Install Rectangular Rapid Flashing Beacon ( RRFB) Ped and Bike 35% 20 90% Medium NS23PB Ped and Bike Install Pedestrian Signal (including Pedestrian Hybrid Beacon (HAWK)) Ped and Bike 55% 20 90% Low 423
Countermeasures for Signalized Intersections
No. Type Countermeasure Name Crash Type CRF
Expected Life
Years)
HSIP
Funding
Eligibility
Systemic
Approach
Opportunity?
S01 Lighting Add intersection lighting Night 40% 20 90% Medium S02 Signal Mod. Improve signal hardware: lenses, back- plates with retroreflective borders, mounting, size, and number All 15% 10 90% Very High S03 Signal Mod. Improve signal timing (coordination, phases, red, yellow, or operation) All 15% 10 50% Very High S04 Signal Mod. Provide Advanced Dilemma Zone Detection for high speed approaches All 40% 10 100% High S05 Signal Mod. Install emergency vehicle pre-emption systems Emergency Vehicle
70% 10 90% High
S06 Signal Mod. Install left-turn lane and add turn phase ( signal has no left-turn lane or phase before) All 55% 20 90% Low S07 Signal Mod. Provide protected left turn phase (left turn lane already exists) All 30% 20 90% High S08 Signal Mod. Convert signal to mast arm (from pedestal- mounted) All 30% 20 90% Medium S09 Operation/ Warning Install raised pavement markers and striping ( Through Intersection) All 10% 10 90% Very High S10 Operation/
Warning
Install flashing beacons as advance warning All 30% 10 90% Medium S11 Operation/
Warning
Improve pavement friction (High Friction Surface Treatments) All 55% 10 90% Medium S12 Geometric Mod. Install raised median on approaches All 25% 20 90% Medium S13PB Geometric Mod. Install pedestrian median fencing on approaches P & B 35% 20 90% Low S14 Geometric Mod. Create directional median openings to allow (and restrict) left-turns and u-turns All 50% 20 90% Medium S15 Geometric Mod. Reduced Left-Turn Conflict Intersections All 50% 20 90% Medium S16 Geometric Mod. Convert intersection to roundabout ( from signal) All Varies 20 90% Low S17PB Ped and Bike Install pedestrian countdown signal heads P & B 25% 20 90% Very High S18PB Ped and Bike Install pedestrian crossing P & B 25% 20 90% High S19PB Ped and Bike Pedestrian Scramble P & B 40% 20 90% High S20PB Ped and Bike Install advance stop bar before crosswalk ( Bicycle Box) P & B 15% 10 90% Very High S21PB Ped and Bike Modify signal phasing to implement a Leading Pedestrian Interval ( LPI) P & B 60% 10 90% Very High 424
Countermeasures for Roadway Segments
No. Type Countermeasure Name
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CRF
Expected Life
Years)
HSIP
Funding
Eligibility
Systemic
Approach
Opportunity?
R01 Lighting Add segment lighting Night 35% 20 90% Medium R02 Remove/ Shield Obstacles Remove or relocate fixed objects outside of Clear Recovery Zone All 35% 20 90% High R03 Remove/ Shield Obstacles Install Median Barrier All 25% 20 90% Medium R04 Remove/ Shield Obstacles Install Guardrail All 25% 20 90% High R05 Remove/ Shield Obstacles Install impact attenuators All 25% 10 90% High R06 Remove/ Shield Obstacles Flatten side slopes All 30% 20 90% Medium R07 Remove/ Shield Obstacles Flatten side slopes and remove guardrail All 40% 20 90% Medium R08 Geometric Mod. Install raised median All 25% 20 90% Medium R09 Geometric Mod. Install median (flush) All 15% 20 90% Medium R10PB Geometric Mod. Install pedestrian median fencing on approaches P & B 35% 20 90% Low R11 Geometric Mod. Install acceleration/ deceleration lanes All 25% 20 90% Low R12 Geometric Mod. Widen lane ( initially less than 10 ft) All 25% 20 90% Medium R13 Geometric Mod. Add two-way left-turn lane (without reducing travel lanes) All 30% 20 90% Medium R14 Geometric Mod. Road Diet (Reduce travel lanes from 4 to 3 and add a two way left-turn and bike lanes) All 30% 20 90% Medium R15 Geometric Mod. Widen shoulder All 30% 20 90% Medium R16 Geometric Mod. Curve Shoulder widening ( Outside Only) All 45% 20 90% Medium R17 Geometric Mod. Improve horizontal alignment (flatten curves) All 50% 20 90% Low R18 Geometric Mod. Flatten crest vertical curve All 25% 20 90% Low R19 Geometric Mod. Improve curve superelevation All 45% 20 90% Medium R20 Geometric Mod. Convert from two- way to one- way traffic All 35% 20 90% Medium R21 Geometric Mod. Improve pavement friction (High Friction Surface Treatments) All 55% 10 90% High R22 Operation/ Warning Install/ Upgrade signs with new fluorescent sheeting ( regulatory or warning) All 15% 10 90% Very High R23 Operation/ Warning Install chevron signs on horizontal curves All 40% 10 90% Very High R24 Operation/ Warning Install curve advance warning signs All 25% 10 90% Very High R25 Operation/ Warning Install curve advance warning signs (flashing beacon) All 30% 10 90% High R26 Operation/ Warning Install dynamic/ variable speed warning signs All 30% 10 90% High R27 Operation/ Warning Install delineators, reflectors and/ or object markers All 15% 10 90% Very High R28 Operation/ Warning Install edge- lines and centerlines All 25% 10 90% Very High R29 Operation/ Warning Install no-passing line All 45% 10 90% Very High R30 Operation/ Warning Install centerline rumble strips/ stripes All 20% 10 90% High R31 Operation/ Warning Install edgeline rumble strips/ stripes All 15% 10 90% High R32PB Ped and Bike Install bike lanes P & B 35% 20 90% High 425
No. Type Countermeasure Name
Crash Type
CRF
Expected Life
Years)
HSIP
Funding
Eligibility
Systemic
Approach
Opportunity?
R33PB Ped and Bike Install Separated Bike Lanes P & B 45% 20 90% High R34PB Ped and Bike Install sidewalk/ pathway (to avoid walking along roadway) P & B 80% 20 90% Medium R35PB Ped & Bike Install/ upgrade pedestrian crossing ( with enhanced safety features) P & B 35% 20 90% Medium R36PB Ped and Bike Install raised pedestrian crossing P & B 35% 20 90% Medium R37PB Ped and Bike Install Rectangular Rapid Flashing Beacon ( RRFB) P & B 35% 20 90% Medium R38 Animal Install animal fencing Animal 80% 20 90% Medium 426
City of American Canyon Local Roadway Safety Plan | Final ghd.com The Power of Commitment
427
Final Report
City of American
Canyon – Traffic
Calming Program
MARCH 2024 |
428
FINAL
City of American
Canyon — Traffic
Calming Program
Prepared for:
City of American Canyon
March 2024
WC23- 3975
429
Table of Contents
Introduction ................................................................................................................................... 1 TCP Program Structure .........................................................................................................................................................1 Application Guidelines ...........................................................................................................................................................8 Traffic Calming Toolbox ....................................................................................................................................................15 Non-Physical Devices ....................................................................................................................................................... 16 Targeted Speed Enforcement ....................................................................................................................................... 16 Speed Feedback Sign ....................................................................................................................................................... 17 Centerline/Edgeline Lane Striping .............................................................................................................................. 18 Signage ..............................................................................................................................................................................19 Education ........................................................................................................................................................................20 Speed Control – Vertical Devices ................................................................................................................................ 21 Speed Lump ................................................................................................................................................................21 Speed Table .......................................................................................................................................................................22 Raised Crosswalk ................................................................................................................................................................ 23 Speed Control – Horizontal Devices .......................................................................................................................... 24 Traffic Circle ......................................................................................................................................................................... 24 Roundabout (Single Lane) .............................................................................................................................................. 25 Medians with Horizonal Deflection ............................................................................................................................ 26 Slow Turn Wedges ............................................................................................................................................................ 27 Hardened Centerlines/Rubber Speed Bumps ........................................................................................................ 28 Speed Control – Vertical Devices ................................................................................................................................ 29 Bulb- out/ Curb Extension ................................................................................................................................................ 29 Two- Lane Choker ............................................................................................................................................................... 30 Street Trees .......................................................................................................................................................................... 31 Median Without Horizontal Deflection/Pedestrian Refuge Island ................................................................. 32 Volume Control Devices.................................................................................................................................................. 33 Full Closure ........................................................................................................................................................................... 33 Half Closure ........................................................................................................................................................................34 Diagonal Diverter .........................................................................................................................................................35 Forced- Turn Island ............................................................................................................................................................ 36 430
List of Figures
Figure 1: Traffic Calming Program Flowchart ............................................................................................................................ 6 List of Tables
Table 1: Traffic Calming Program Process ................................................................................................................................. 2 Table 2: Safety Measures by Traffic-Related Concerns ........................................................................................................ 9 Table 3: Applicability of Devices by Location Type ............................................................................................................. 11 Table 4: Applicability of Devices by Street Type .................................................................................................................. 13 431
City of American Canyon — Traffic Calming Program
March 2024
1 Introduction
Fehr & Peers staff met with City staff on March 28, 2023, to discuss ways in which the City’s existing Traffic Calming Program (TCP) is working well, and ways in which it can be improved. We reviewed options to identify how the City would like to structure the program, and we prepared this memo and corresponding flow chart of the proposed new TCP process and menu of applicable devices that can be installed based on the problem and street-type.
TCP Program Structure
The flowchart below identifies the steps the City would take when a request is made by a resident. The text accompanies the program process flowchart shown in Figure 1. The colors correspond to components in the flowchart, and the letters in bold correspond to individual steps in the flowchart.
Where the color is darker and text is italicized for a step, an Existing Safety Program should be reviewed to identify if a request has been previously highlighted by a plan or program.
The process is separated into four key components focused on developing a strategy to address requests and manage City resources. The four components of the process are: plan initiation, development, support, and implementation. Each of these components are discussed in greater detail in Table 1. 432
City of American Canyon — Traffic Calming Program
March 2024
2 Table 1: Traffic Calming Program Process
Step 1. Plan Initiation
The first component of the process is the plan initiation. This component describes how the traffic calming process is initiated and how requests are handled and considered for treatment. Letters in bold correspond to individual steps in the plan initiation component.
A
The process is initiated when a resident or group of residents express interest in addressing speeding, traffic volumes, or traffic-related safety issues within their neighborhood and submits the Traffic Concern Form on the City’s website.
B
The requester( s) completes the petition which requires the signatures of at least 30% of the households on the subject street, indicating they perceive a significant problem. If the street contains fewer than 10 households, signatures from a minimum of three households are required.
If the minimum number of signatures cannot be obtained, then the process does not continue due to a lack of support for action.
Requests from an institution may be exempt from the petition process. For example, a school may request City action to treat a perceived speeding issue. Staff then assesses the issue and bypasses the minimum required signatures.
C
A completed petition with the required number of signatures is submitted to the City’ s Department of Public Works. City staff, at the direction of the Public Works Director, reviews the petition and defines the appropriate boundaries for the study area. The affected area should include all streets that might be treated or affected by potential actions. Traffic calming treatments may be applied to multiple streets within the study area.
D
A submitted petition is placed in a queue of neighborhood requests to be selected on a first come, first served basis. However, the queue serves only to initiate the process and does not indicate a priority in project approval, funding, or implementation.
If a concern is on a street or corridor that was previously identified as a priority in a Safety Program, the concern is given a priority in the queue.
E
Staff identifies the number of requested areas in the queue that can be addressed in a given year based upon budget and staff resources. This typically occurs on a first-come, first-served basis. However, City Council can also supplement the available funding and direct staff regarding priorities.
F
City Council annually reviews the areas identified being treated in that year. Areas in the queue will remain in first-come, first-served list for future fiscal years. 433
City of American Canyon — Traffic Calming Program
March 2024
3 Step 2. Plan Development
The plan development component begins after the study areas have been selected for treatment. This section describes how the residents, City staff, the Police Chief, the Fire Chief, and other affected agencies work together to develop a plan to treat traffic calming related issues.
A
City staff notifies all study area residents/ property owners and business owners about the selection of their neighborhood area to participate in the traffic calming plan. Following the notice, a neighborhood planning meeting will be held. The meeting is intended for staff to provide an overview of the process.
City staff will also provide any relevant data and discuss the menu of treatment options.
B
City staff collects traffic data on the identified streets, such as: traffic speeds, traffic volumes, and available collision history for the previous years. Staff will review traffic data within the study area and develop a strategy to address the concerns. Data regarding the traffic- related concerns will be compared to the traffic calming device guidelines to determine which measures may be most appropriate.
C
Staff will develop a draft plan within the constraints of the device guidelines. This draft plan will be shared with the community for feedback/ input. The plan will consider non- physical measures ( e.g., lane striping, signage, speed legends) and physical measures (see Traffic Calming Toolbox for more information).
Physical measures increase the cost of implementation and may result in new issues (i.e., traffic diversion onto another street). Due to land use context and speeds along collectors and arterials, countermeasures will be more limited than those available on local roads.
If any conceptual plans or treatments were previously identified in a Safety Program, include them in the draft plan.
D
City staff will solicit feedback from other departments and agencies that may be potentially affected by physical measures. The intent of this process is to identify concerns and potential modifications to the plan. The following agencies will likely be involved in reviewing most plans:
Fire Department
Police Department
Transit Agencies
Local School District
434
City of American Canyon — Traffic Calming Program
March 2024
4 Step 3. Plan Support
The plan support component begins after the draft plan has been vetted in the community and with agency staff. This section describes how engagement for neighborhood support will be completed.
A
Once staff have developed a plan they feel appropriately addresses the traffic-related issues, a final neighborhood meeting will be arranged to present the proposed traffic calming plan. Residents will also be informed of the approval process and surveys they will receive subsequent to the meeting.
B
The level of neighborhood support for the proposed plan will be determined in the form of mail- in surveys. Staff will mail the surveys to neighborhood area residents/ property owners and business owners.
Surveys will be distributed to all tenants of record, owners ( single and multi- family), and businesses addresses within the study area. The surveys will include a description and map of the proposed plan indicating the type and location of device(s) being proposed. The survey will also include a mail back postcard which will be used to determine public support by clearly asking:
Do you support the proposed plan? Yes or No.
The mail back postcard will also provide a space for residents to write comments regarding the proposed plan. Survey information should be provided in multiple languages, when needed, consistent with current City policy. This survey shall also be limited to one response per household or business.
C
A minimum response rate and support rate must be met from individuals in the study area before the plan moves forward. For implementation of a plan, a minimum of 30% of residents or business owners must respond, and 66% of residents or business owners/managers must be in favor.
City staff counts all received surveys and discusses the outcome internally and with the residents.
If recommendations from a previous Safety Program are included as part of the Plan, lower the neighborhood support approval rate to 15%.
D
Staff determines whether the minimum response and support rate are satisfied.
If the minimum support rate is not achieved, and staff believes they can enhance the plan to increase support, they will have one opportunity to revise the plan. Modifying the plan also requires consulting the affected agencies of any meaningful changes, holding a public meeting to present the revised plan, and redistributing surveys to the study area.
If the minimum response rate and support rate are met, then the plan continues to the implementation step.
435
City of American Canyon — Traffic Calming Program
March 2024
5 Step 4. Plan Implementation
The final component of the traffic calming process is implementation.
A
City Council is asked to approve the plan. If Council does not approve, then the plan can return to Plan Development ( Step C) at the direction of Council.
B
The costs of the plan’ s implementation will be categorized into three buckets: strategic planning, opportunistic, or discretionary. See the Safety Program Matrix for further details.
If a project is previously identified in a Safety Program, staff can look to federal, state, regional, and local funding sources for implementation funding. This structure builds upon the Safety Programs the city has created, and allows for an equitable distribution of funding and staff resources to support concerns identified by the American Canyon community.
C
The traffic calming devices can be constructed either as temporary or permanent devices. Temporary devices can be constructed at staff’ s discretion based on previous experience with the device. These temporary devices can be converted to permanent devices after three months of acceptable performance.
D
After construction of the approved plan, staff monitors the devices1 and collects data three months after implementation, along with feedback from the community. The feedback will typically be requested via a neighborhood meeting, but it could be via an online survey at staff’s discretion.
Typical data collection will include speed, volume, origin/ destination, and collisions.
E
Based on community feedback and collected data, staff determine the next steps. For example, the approved plan may have produced reasonable and satisfactory results and therefore no further action is needed.
F
If the approved plan has not produced reasonable and satisfactory results, staff will return to plan development and modify the plan.
The plan can be revised once, dependent on funding availability. This includes the removal of devices found to be ineffective. Removal of devices would follow the same support steps as described in this chapter ( beginning with Step A of the Plan Support component).
Source: Fehr & Peers, 2023.
1 Staff may make immediate changes if they conclude a device is unsafe. 436
Consider lowering the threshold
for response rate to 25% and
approval rate to 50% if the
street/ corridor is identified as a
priority in a Safety Program
1. Plan Initiation 2. Plan Development 3. Plan Support 4. Plan Implementation Resident Request:
Resident or group expresses interest
and submits Traffic Concern Form.
Resident Support:
Petition received with signatures
from at least 30% of households on
subject street (minimum of three
households).
City Review:
Staff review petitions and define
study area boundaries.
First-Come, First-Served:
Petition is places in queue of
neighborhood requests to be selected
on a first-come, first-served basis.1 4
1. The first-come, first-served queue serves only to initiate the process and does not indicate a priority in project approval, funding, or implementation
2. Surveys distributed within study area and is limited to one signature per household or business
3. Process for removal of devices would begin at Plan Support (Step A)
4. Consider means to have equity balance in resource allocation Staff identifies the Number of Areas
that can be addressed in a given year
upon budget and staff resources. All
requesting parties are notified of their
status.
Annual Review
by Council
Notice to Neighborhood:
Residents & business owners notified of
intent to develop a plan.
Neighborhood Meeting:
Overview of process
Review of issues
Identify data collection needs
Plan Development:
Staff or a committee with staff
support will develop a draft plan
Affected Agency Input:
Solicit feedback from other
departments an agencies and local
service providers:
Fire Department
Police Department
Transit Agencies
Local School District
Neighborhood Meeting:
Review draft plan & gather feedback
Refine plan as appropriate
Distribute Neighborhood Survey2:
Residents
Property Owners
Business owners
Survey will include a mail back postcard
in multiple languages, if needed.
Minimum Neighborhood Support:
Response rate: 30%
Approval Rate: 66%
Neighborhood
Support?
No Yes
Re f
in
e
p
la
n
o
n
c
e
Approval:
City Council is asked to approve plan
If plan is not approved, return to Plan
Development (Step C) at Council discretion.
Funding & Design:
Identify cost for implementation and funding
source. Next, engineering design is prepared,
and environmental review, if necessary. Staff
will notify the public and affected agencies
regarding device implementation.
Construction:
Temporary or permanent devices installed.
Monitoring:
City staff collect data three months after
implementation. Hard data collection will
occur on a case-by-case basis.
City Staff Determine
Next Steps Based on
Community Feedback
Leave Plan As-Is Return to Plan
Development
and modify plan
once), including
potential removal
of Devices3
A
B
C
D
E
F
A
B
C
D
A
B
C
D
A
B
C
D
E
F
Figure 1: Traffic Calming Program Template
Darker Boxes Indicate Linkage to Safety Programs
If concern is on street/ corridor
previously identified as a priority in a
Safety Program, give priority in queue
D-1
Include treatments previously
identified through a Safety
Program into the plan
C-1
C-1
Look to Safety Program for funding
sources for potential applications to
traffic calming treatments. See attached
matrix.
B-1
437
Safety Program Matrix
C U R R E N T
F U N D I N G S O U R C E S
Opportunistic Projects that can be folded into
existing funding mechanisms and
work plans
Capital Improvement Program (CIP)
Measure T Funding
Developer Fees
Capital Improvement Projects
Reconstruction and Widening Projects
NVTA Joint Powers Authority Projects
Strategic
Planning
Projects that focus on preventing
fatal and severe crashes through
systemic safety efforts based on
historical crash history
Safe Streets for All (SS4A)
Highway Safety Improvement Program (HSIP)
Community Development Block Grant (CDBG)
Program
Rebuilding American Infrastructure with
Sustainability and Equity (RAISE) Discretionary
Grant Program
Active Transportation Program (ATP)
California Office of Traffic Safety (OTS) Grant
Program
NVTA Bike Plan
NVTA Ped Plan
NVTA Vision Zero
Local Road Safety Plan
Complete Streets Safety Assessment
Safe Routes to School Reports
Engineering and Traffic Survey
Discretionary
Projects that do not fall into the
other categories and can use the
annual set aside funding for
Traffic Calming
Annual Council Funding
C AT E G O R Y D E S C R I P T I O N
R E L AT I O N T O E X I S T I N G
P L A N S / P R O G R A M S
Calming Community Form
438
City of American Canyon — Traffic Calming Program
March 2024
8 Application Guidelines
When selecting the most appropriate traffic calming devices, the types of measures should be narrowed to those that: most closely target the key traffic issue, are appropriate for the surrounding uses of the identified location, are cost effective, and are compatible with traffic volumes, geometrics, and adjacent land uses.
City staff and the Traffic Working Group will evaluate the most appropriate devices based on effectiveness and context of the facility being evaluated.
Step 1:
Address the Traffic-Related
Concern
The first task when selecting the most
appropriate traffic calming device is
to narrow the field of considered
devices to those that address the
primary traffic concern. The most
common traffic-related concerns are:
Speeding – motor vehicle speeds
are too high
Traffic volumes – motor vehicle
usage levels ( all trips or nonlocal trips) are too high Safety – motor vehicle speeds or
volumes create a safety concern
Each device in the toolbox is
appropriate to a different subset of
the above traffic- related concerns.
The appropriateness of each device
which accounts for how effective a
service is in that context) is
summarized in Table 2.
Step 2:
Address the Location Type
The appropriate device for a given
problem is also a function of the
location. Special consideration should
be given when considering measures
located on primary streets used by
the Fire Department when responding
to emergencies.
Table 3 indicates the location(s)
where each type of traffic calming
measure is applicable.
Step 3:
Address Other Constraints by
Street Type
The third step in determining the
most appropriate device is to
consider how each device is
compatible with the street
classification, street grade, traffic
volumes, posted speeds, and special
roadway users. Table 4 illustrates
where each device is appropriate
under certain conditions.
In general, roadway width is not a
constraint for implementing physical
measures. Speed lumps, speed tables,
and raised crosswalks can be
constructed across any reasonable
roadway width. Traffic circles need to
be sized relative to the space
available but can typically be
accommodated at any intersection.
439
City of American Canyon — Traffic Calming Program
March 2024
9 Table 2: Safety Measures by Traffic-Related Concerns
Types of Measures
Types of Traffic-Related Concerns
Speeding Traffic Volumes* Collisions
Non-Physical Measures
Targeted Speed Enforcement
Speed Feedback Sign
Centerline/ Edgeline Lane Striping
Signage
Education
Speed Control – Vertical Measures
Speed Lump
Speed Table
Raised Crosswalk
Speed Control – Horizontal Measures
Traffic Circle
Roundabout ( Single Lane)
Median with Horizontal Deflection
Slow Turn Wedges**
Hardened Centerlines/ Rubber Speed Bumps**
Speed Control – Narrowing Measures
Bulb- Out/ Curb Extension
Two- Lane Choker
Median without Horizontal Deflection/ Pedestrian Refuge Island Street Trees
Depends largely on availability of alternate routes
More info available at: https:// www1. nyc.gov/ html/ dot/ html/ pedestrians/ turn- calming. shtml; https:// www1. nyc.gov/ html/ dot/ downloads/ pdf/ left- turn- pedestrian- and- bicycle- crashstudy. pdf Strongly Appropriate Moderately Appropriate Inappropriate 440
City of American Canyon — Traffic Calming Program
March 2024
10 Types of Measures
Types of Traffic- Related Concerns
Speeding Traffic Volumes* Collisions
Volume Control Measures
Full Closure
Half Closure
Diagonal Diverter
Forced- Turn Island
Strongly Appropriate Moderately Appropriate Inappropriate Depends largely on availability of alternate routes
More info available at: https:// www1. nyc.gov/ html/ dot/ html/ pedestrians/ turn- calming. shtml; https:// www1. nyc.gov/ html/ dot/ downloads/ pdf/ left- turn- pedestrian- and- bicycle- crashstudy. pdf 441
City of American Canyon — Traffic Calming Program
March 2024
11 Table 3: Applicability of Devices by Location Type
Types of Measures
Local Streets Collectors* Arterials
Mid-block Intersection Mid-block Intersection Mid-block Intersection Non-Physical Measures
Targeted Speed Enforcement
Speed Feedback Sign
Centerline/ Edgeline Lane Striping
Signage
Education
Speed Control – Vertical Measures**
Speed Lump
Speed Table
Raised Crosswalk
Speed Control – Horizontal Measures
Traffic Circle
Roundabout ( Single Lane)
Median with Horizontal Deflection
Slow Turn Wedges
Hardened Centerlines/ Rubber Speed Bumps
Speed Control – Narrowing Measures
Bulb- Out/ Curb Extension
Two- Lane Choker
Median without Horizontal Deflection/ Pedestrian Refuge Island Street Trees
Due to emergency response concerns
Vertical measures may affect emergency response times. City staff and the Traffic Working Group will implement safety measures based on effectiveness and context of the facility being evaluated
Strongly Appropriate Moderately Appropriate Inappropriate 442
City of American Canyon — Traffic Calming Program
March 2024
12 Types of Measures
Local Streets Collectors* Arterials
Mid- block Intersection Mid- block Intersection Mid- block Intersection Volume Control Measures
Full Closure
Half Closure
Diagonal Diverter
Forced- Turn Island
Due to emergency response concerns
Vertical measures may affect emergency response times. City staff and the Traffic Working Group will implement safety measures based on effectiveness and context of the facility being evaluated
Strongly Appropriate Moderately Appropriate Inappropriate 443
City of American Canyon — Traffic Calming Program
March 2024
13 Table 4: Applicability of Devices by Street Type
Types of Measures
Street Types
Local Streets Collectors Arterials
Non-Physical Measures
Targeted Speed Enforcement
No limitations with respect to ADT or speed
Speed Feedback Sign
Centerline/ Edgeline Lane Striping
Signage
Education
Speed Control – Vertical Measures
Speed Lump Speed Limit 25 MPH; Grade 8%
Speed Table Daily Entering Volume < 16,000;
Raised Crosswalk* Speed Limit 35 MPH
Speed Control – Horizontal Measures
Traffic Circle Daily Entering Volume < 10,000; Speed Limit 35 MPH Roundabout ( Single Lane) Daily Entering Volumes < 16,000; Speed Limit 45 MPH Median with Horizontal Deflection
Slow Turn Wedges No limitations with respect to ADT or speed Hardened Centerlines/ Rubber Speed Bumps
Speed Control – Narrowing Measures
Bulb- Out/ Curb Extension
Two- Lane Choker ADT 20,000; Speed Limit 35 MPH
Median without Horizontal Deflection/ Pedestrian Refuge Island Street Trees No limitations with respect to ADT or speed, but sight lines must be preserved Not appropriate for streets without curbs, gutters, or sidewalks. 444
City of American Canyon — Traffic Calming Program
March 2024
14 Types of Measures
Street Types
Local Streets Collectors Arterials
Volume Control Measures
Full Closure
Proper evaluation should be conducted to determine amount of diverted traffic to alternate routes
Half Closure
Diagonal Diverter
Forced- Turn Island
Not appropriate for streets without curbs, gutters, or sidewalks. 445
City of American Canyon — Traffic Calming Report
March 2024
15 Traffic Calming Toolbox
This section describes the “toolbox” of devices that are available to community members and Staff when developing a Neighborhood Traffic Management Plan. The “toolbox” contains different devices that address neighborhood traffic-related concerns such as speeding vehicles, high traffic volumes, cutthrough traffic, or safety concerns. The devices vary in their ability to treat various traffic-related concerns.
The toolbox of neighborhood traffic management devices is grouped into same three categories as noted above:
1. Non-Physical devices
2. Speed Control devices (primarily speed, but they can impact volume) i. Vertical devices
ii. Horizontal devices
3. Volume Control devices (primarily volume, but they can impact speed) For each device in the toolbox, the following discussions are provided:
Description of the measure
Photograph and/or schematic
List of advantages and disadvantages
446
City of American Canyon — Traffic Calming Report
March 2024
16 Targeted Speed Enforcement
Police can perform targeted enforcement at locations where speeding is common. Depending on Police Department resources, the targeted enforcement may be limited in duration. Targeted enforcement may also be used in conjunction with new traffic calming devices to help drivers become aware of the new restrictions.
Equity considerations should be carefully considered to determine if traffic enforcement is appropriate.
Automated speed enforcement could be a potential alternative if allowed at the state and local level.
Non-Physical Devices
Non-physical devices include any measure that does not require physical changes to the roadway.
They are intended to increase drivers’ awareness of surroundings and influence driver behavior without physical devices. Because these devices are not self-enforcing, they have limited effectiveness as stand-alone devices and should supplement physical devices.
This category includes the following devices:
Targeted Speed Enforcement • Signage
Speed Feedback Sign • Education
Centerline/Edgeline Lane Striping
ADVANTAGES
Inexpensive
Does not physically slow
emergency vehicles or buses
Quick implementation
DISADVANTAGES
Expensive to maintain an
increased level of enforcement
Effectiveness may be temporary
Equity concerns given potential
for profiling and higher impact
to lower income communities
ADVANTAGES
Inexpensive
Does not physically slow emergency
vehicles or buses
Quick implementation
DISADVANTAGES
Expensive to maintain an increased
level of enforcement
Effectiveness may be temporary
Equity concerns given potential for
profiling and higher impact to lower
income communities
447
City of American Canyon — Traffic Calming Report
March 2024
17 Speed Feedback Sign
Speed feedback signs measure each approaching vehicle’s speed. Real-time speeds are relayed to drivers and flash when speeds exceed the limit. Speed feedback signs are typically mounted on or near speed limit signs and are most common in school zones. Speed feedback signs are also available as portable trailers.
ADVANTAGES
Real-time speed feedback
Does not physically slow emergency
vehicles or buses
Permanent installation or portable
trailer
Provides immediate feedback
Speed and count data can be
recorded
Often solar powered
DISADVANTAGES
Effectiveness may be temporary
May require power sources or stop
working if solar power is insufficient
Only effective for one direction of
travel
Subject to vandalism
Source: Lakota Contracting
448
City of American Canyon — Traffic Calming Report
March 2024
18 Centerline/ Edgeline Lane Striping
Lane striping can be used to create formal bicycle lanes, parking lanes, or edge lines. As a traffic management measure, they are used to narrow the travel lanes for vehicles, thereby inducing drivers to lower their speeds. However, past evidence on speed reductions is inconclusive.
ADVANTAGES
Inexpensive
Can be used to create bicycle lanes or
delineate on-street parking
Does not slow emergency vehicles
DISADVANTAGES
Has not been shown to significantly
reduce travel speeds
Requires regular maintenance
449
City of American Canyon — Traffic Calming Report
March 2024
19 Signage
Signage that can be used as a traffic management measure include:
Truck restriction signs
Cross traffic does not stop” signs
Turn restrictions
Turn-movement restrictions involve the use of signs to prevent undesired turning movements without the use of physical devices. The restrictions may generally apply to turning movements in or out of a residential street to a larger street. The turn-movement restrictions may be permanent or only during peak commute hours.
ADVANTAGES
Truck restrictions can reduce through
traffic
Truck restrictions can reduce cutthrough traffic at specific time of day Does not slow emergency vehicles or
buses
Can increase safety at an intersection
by prohibiting certain turning
movements
Low cost
DISADVANTAGES
Turn restrictions require enforcement
during time of restriction to be
effective
May divert a traffic problem to another
street
450
City of American Canyon — Traffic Calming Report
March 2024
20 Education
A variety of education strategies can be used to educate people on the safety risks associated with speeding. Changing driver behavior and attitudes will require increased public safety education. The following strategies can be employed by agencies as funding and Staff resources allow:
Brochure – describe the Traffic Calming Program and process.
Traffic Safety newsletter (jurisdiction-wide and/or neighborhood specific) – provide information on volumes, speeds, speeding fines (particularly in school zones), and average speeds; describe traffic concerns and recommendations; provide reminders of traffic laws and traffic safety tips for all modes.
Website – have a designated page on the agency’s website to provide information on the Traffic Calming Program and the same information recommended for the newsletter.
Speed yard signs – implement a public safety education campaign targeting safe speeds. Make yard signs available to the public for free. They should be brightly colored and include phrases like, “20 is plenty,” “Keep kids safe,” and “SLOW DOWN. Drive like you live here.” Permanent roadside memorial signs at fatal crash locations – install signs to commemorate the lives of loved ones lost. This could include flowers, photos, handmade signs, white bikes (for locations where a bicyclist was killed), and other displays.
ADVANTAGES
Relatively inexpensive
Can be implemented incrementally
over time
DISADVANTAGES
Staff time required to maintain these
resources
City of Napa
451
City of American Canyon — Traffic Calming Report
March 2024
21 Speed Lump
Speed lumps are rounded raised areas placed across the road with two-wheel cut-outs designed to allow large vehicles, such as emergency vehicles and buses, to pass with minimal slowing. The design limits passenger cars and mid-size SUVs from fully passing through the cut-outs and requires travel over the lump.
They are slightly less than four inches high, typically parabolic in shape, and have a design speed of 15 to 20 MPH. They are usually constructed with a taper on each side to allow unimpeded drainage between the lump and curb. When placed on a street with rolled curbs or no curbs, bollards are placed at the ends of the speed lump to discourage vehicles from veering outside of the travel lane to avoid the device. A series of speed lumps are often needed to retain slower speeds over a longer distance.
Speed Control – Vertical Devices
Vertical deflection devices use variations in pavement height and alternative paving materials to physically reduce travel speeds. These devices are designed for travel speeds over the device of approximately 15 to 20 MPH depending on the device.
The vertical deflection devices in the toolbox include:
Speed Lump • Raised Crosswalk
Speed Table
ADVANTAGES
Effective in reducing speeds
Maintains repaid emergency response
times
Relatively easy for bicyclists to cross
DISADVANTAGES
Maintenance can be challenging
Vehicles with wide wheelbase can pass
through the lump using wheel cut-outs
Increased noise from vehicles
accelerating
452
City of American Canyon — Traffic Calming Report
March 2024
22 Speed Table
Speed tables are flat-topped speed humps approximately 22 feet long, which is typically long enough for the entire wheelbase of a passenger car to rest on top. Their long flat fields, plus ramps that are more gently sloped than speed lumps, give speed tables higher design speeds than lumps and thus may be more appropriate for streets with higher ambient speeds. Concrete is the preferred material. Stamped concrete can give the appearance of brick or other textured materials, which would improve the appearance of speed tables, draw attention to them, and may enhance safety and speed reduction.
Source: XFXL
ADVANTAGES
Effective in reducing speeds, though
not to the extent of speed lumps
Maintenance is easier than speed
lumps
Slightly higher design speed
compared to speed lumps –
compatible with collector streets and
on grades
DISADVANTAGES
Increased noise from vehicles
accelerating
453
City of American Canyon — Traffic Calming Report
March 2024
23 Raised Crosswalk
Raised crosswalks are speed tables striped with crosswalk markings and signage to channelize pedestrian crossings, providing pedestrians with a level street crossing. Also, by raising the level of the crossing, pedestrians are more visible to approaching motorists. Stamped concrete can give the appearance of brick or other textured materials, which would improve the appearance of speed tables, draw attention to them, and may enhance safety and speed reduction.
ADVANTAGES
Effective in reducing speeds, though
not to the extent of speed lumps
Maintenance is easier than speed
lumps
Improve safety for both vehicles and
pedestrians
DISADVANTAGES
Increased noise from vehicles
accelerating
Impact to drainage needs to be
considered
454
City of American Canyon — Traffic Calming Report
March 2024
24 Traffic Circle
Traffic circles are raised islands, placed in intersections, around which traffic circulates. Stop signs can be used as traffic controls at the approaches of the traffic circle. Circles prevent drivers from speeding through intersections by impeding the straight-through movement and forcing drivers to slow down to yield. Depending upon the size of the intersection and circle, trucks may be permitted to turn left in front of the circle, and the agency can use mountable curbs if turn radii are a concern for emergency vehicles and/or trucks.
Speed Control – Horizontal Devices
Horizontal deflection devices use raised islands to eliminate straight-line paths along roadways and through intersections.
The horizontal deflection devices in the toolbox include:
Traffic Circle • Median with Horizontal Deflection
Roundabout (Single Lane) • Slow Turn Wedges
Hardened Centerlines/Rubber Speed Bumps
ADVANTAGES
Very effective in moderating speeds
and improving safety
Can have positive aesthetic value
DISADVANTAGES
If not designed properly, difficult for
emergency vehicles or large trucks to
travel around
Must be designed so that the
circulating traffic does not encroach on
crosswalks
Potential loss of on- street parking
455
City of American Canyon — Traffic Calming Report
March 2024
25 Roundabout (Single Lane)
Like traffic circles, roundabouts require traffic to circulate counterclockwise around a center island. But unlike circles, roundabouts are used on higher volume streets to allocate right -of-way among competing movements. They are found primarily on collector streets, often substituting for traffic signals. They are larger than neighborhood traffic circles, have raised splitter islands to channel approaching traffic to the right, and do not have stop signs. Due to the large amount of required right-of-way and construction costs, roundabouts may be most appropriate for new developments or redevelopment areas.
ADVANTAGES
Enhanced safety compared to a traffic
signal or stop sign
Minimizes queuing at approaches to
the intersection
Less expensive to operate than traffic
signals
Can have positive aesthetic value
Shorter pedestrian crossing distance
DISADVANTAGES
May require major reconstruction of an
existing intersection
Loss of on-street parking
Continuous flow of traffic limits
opportunity for pedestrians to cross
compared to signal)
May present additional obstacles to
visually impaired pretentions
456
City of American Canyon — Traffic Calming Report
March 2024
26 Medians with Horizonal Deflection
Medians are raised islands placed in the middle of the roadway around which traffic circulates. Medians do not always have horizontal deflection. To meet this definition, a median must extend into the travel lane to eliminate the straight-line path and force drivers to slow down to navigate the curve.
ADVANTAGES
Effective in moderating speeds and
improving safety
Where pedestrian crossing activity is
expected, can provide two-stage
crossing opportunities
Can have positive aesthetic value
DISADVANTAGES
Can increase potential for fixed object
collisions
Potential loss of on-street parking
457
City of American Canyon — Traffic Calming Report
March 2024
27 Slow Turn Wedges
Slow turn wedges use markings and flexible plastic posts to buffer pedestrians from traffic and shrink the area where they could get hit by a car.
ADVANTAGES
Effective in reducing speeds and
conflicts with pedestrians/bicyclists
Discourages drivers from cutting
corners and encourages following the
proper path when making left turns
Low cost
DISADVANTAGES
Potentially limited to one-way streets
Less durable than raised concrete
islands
Source: NYC DOT
458
City of American Canyon — Traffic Calming Report
March 2024
28 Hardened Centerlines/ Rubber Speed Bumps
Hardened centerlines are bollards that prevent left-turners from crossing the centerlines to make a turn.
Pedestrian islands can also accomplish the same goal if they are placed strategically, with the added benefit of being more durable and providing refuge for walkers.
Rubber speed bumps are often used in conjunction with hardened centerlines and placed in an intersection. There are a variety of design configurations.
ADVANTAGES
Effective in reducing speeds and
conflicts with pedestrians/bicyclists
Discourages drivers from cutting
corners and encourages following the
proper path when making left turns
Low cost
DISADVANTAGES
Less durable than raised concrete
islands
Source: qz.com and NYC DOT
459
City of American Canyon — Traffic Calming Report
March 2024
29 Bulb-out/Curb Extension
Bulb-outs and curb extensions extend the sidewalk into the parking lane to narrow the roadway at intersections. Their effectiveness in calming traffic is limited by the absence of vertical or horizontal deflection, but they can still be beneficial. Bulb-outs can make intersections more pedestrian friendly by shortening the crossing distance and decreasing the curb radii, thus reducing turning vehicle speeds. Both of these effects increase pedestrian comfort and safety at the intersection.
Speed Control – Vertical Devices
Narrowing devices use raised islands, curb extensions, and other treatments to narrow the travel lane for motorists. They are not as effective as vertical or horizontal devices but can still provide traffic calming.
The narrowing devices in the toolbox include:
Bulb-Out/Curb Extension • Median Without Horizontal
Two-Lane Choker Deflection/Pedestrian Refuge Island
Street Trees
ADVANTAGES
Reduces pedestrian crossing distance
and exposure to vehicles
Through and left-turn movements are
easily negotiable by larger vehicles
Creates protected on-street parking
bays
Reduces speeds ( especially rightturning vehicles)
DISADVANTAGES
Effectiveness is limited by the absence
of deflection
May slow right- turning emergency
vehicles
Potential loss of on-street parking
460
City of American Canyon — Traffic Calming Report
March 2024
30 Two-Lane Choker
Chokers are curb extensions at midblock that narrow a street. Chokers leave the street cross section with two lanes that are narrower than the normal cross section. Their effectiveness in calming traffic is limited by the absence of vertical or horizontal deflection, but they can still be beneficial.
ADVANTAGES
Easily negotiable by emergency
vehicles and buses
Can have positive aesthetic value
Reduces speeds
DISADVANTAGES
Effect on vehicle speeds is limited by
the absence of vertical or horizontal
deflection
May require bicyclists to briefly merge
with vehicular traffic
Potential loss of on-street parking
Build-up of debris in gutter
461
City of American Canyon — Traffic Calming Report
March 2024
31 Street Trees
Trees placed along streets can potentially help reduce motor vehicle speeds and collisions, though studies show mixed results. Streets lined with trees or with landscaped center medians can affect driver perception of lane width, called an “edge effect”. Street trees require irrigation in arid climates.
ADVANTAGES
Low cost
Positive aesthetic value and
placemaking
Reduces speeds, though studies are
limited
Environmental benefits like reduces
flooding and carbon emissions
Shade enhances pedestrian
experience
DISADVANTAGES
Requires maintenance
Source: University of Washington
462
City of American Canyon — Traffic Calming Report
March 2024
32 Median Without Horizontal Deflection/ Pedestrian Refuge Island Medians are raised islands placed in the middle of the roadway around which traffic circulates. Medians without horizontal deflection do not extend into the travel lane, maintaining a straight-line path for drivers. While they are not as effective as medians with horizontal deflection, they can still be beneficial.
They can act as pedestrian refuges, increasing pedestrian safety, and provide aesthetic benefits.
ADVANTAGES
Can increase pedestrian safety
Can have positive aesthetic value
Reduces speeds
DISADVANTAGES
Effect on vehicle speeds is limited by
the absence of vertical or horizontal
deflection
Potential loss of on-street parking
463
City of American Canyon — Traffic Calming Report
March 2024
33 Full Closure
Full street closures are barriers placed across a street to close the street completely to through traffic, usually leaving only sidewalks or bicycle paths open. The barriers may consist of landscaped islands, walls, gates, side-by-side bollards, or any other obstructions that leave an opening smaller than the width of a passenger car. Emergency vehicles are accommodated via removable bollards or similar devices.
Volume Control Devices
Diversion devices use raised islands and curb extensions to preclude particular vehicle movements, such as left turn or through movements, usually at an intersection.
The volume control devices in the toolbox include:
Full Closure • Diagonal Diverter
Half Closure • Forced-Turn Island
ADVANTAGES
Very effective in reducing cut-through
traffic volumes
Able to maintain pedestrian and
bicycle connectivity
Can be designed to maintain access
for emergency vehicles
DISADVANTAGES
Causes circuitous routes for local
residents
Diverts traffic to another street
464
City of American Canyon — Traffic Calming Report
March 2024
34 Half Closure
Half closures (or partial street closures) are barriers that block travel in one direction for a short distance on otherwise two-way streets. Partial closures are often used in sets to make travel through neighborhoods with “gridded” streets circuitous rather than direct.
ADVANTAGES
Able to maintain two-way bicycle
access
Effective in reducing traffic volumes
DISADVANTAGES
Causes circuitous routes for local
residents
May limit access to businesses
Divers can bypass the barrier
Diverts traffic to another street
Source: FHWA Safety
465
City of American Canyon — Traffic Calming Report
March 2024
35 Diagonal Diverter
Diagonal diverters are barriers placed diagonally across an intersection, blocking through movement. Like half closures, diagonal diverters are usually staggered to create circuitous routes through neighborhoods.
ADVANTAGES
Reduces traffic volumes
Able to maintain full pedestrian and
bicycle access
DISADVANTAGES
Causes circuitous routes for local
residents
Delays for emergency services
May require reconstruction of corner
curbs
466
City of American Canyon — Traffic Calming Report
March 2024
36 Forced-Turn Island
Forced-turn islands are raised islands that prohibit certain movements on approaches to an intersection.
ADVANTAGES
Can improve safety at an intersection
by prohibiting critical turning
movements
Effective in reducing traffic volumes
DISADVANTAGES
If designed improperly, drivers can
maneuver around the island to make
an illegal movement
May divert a traffic problem to a
parallel street
Palo Alto, CA
Source: NACTO
467
CITY COUNCIL AGENDA
OCTOBER 21, 2025
STAFF REPORT
BUSINESS
ITEM NUMBER: 9.
TITLE
Watson Ranch Specific Plan Implementation
RECOMMENDATION
Receive and file an update on the implementa*on of the Watson Ranch Specific Plan and consider adopting one or more Minute Orders approving the following:
1) No*ce of Intent to submit an applica*on to the California Department of Alcohol Beverage Control for an "Entertainment Zone" at the Napa Valley Ruins and Gardens; and/or 2) No*ce of Intent to submit an applica*on to the California Public U*li*es Commission for a public road railroad crossing to access the Watson Ranch Specific Plan; and/or 3) No*ce of Intent to submit an applica*on with the California Department of Fish and Wildlife to create a Mitigation Bank for the Watson Ranch Specific Plan.
CONTACT
Jason Holley, City Manager
BACKGROUND & ANALYSIS
History of the American Canyon "Town Center"
American Canyon does not (yet) have a "town center". However, the absence of communal gathering place(s) is not uncommon for rela*vely new ci*es (American Canyon was incorporated in 1992).
The idea to create a town center was memorialized by American Canyon's founding figures in 1994 as part of the first "General Plan". The loca*on chosen was the former Standard Portland Cement/Basalt Rock Company's cement plant/quarry, which was located within the original City limits (Attachment 1).
Planning for the "American Canyon Town Center Project" began a decade later and by the late 2000's the Council was considering a "specific plan" for mixed residen*al and commercial uses for the 30-acres of land surrounding the cement plant. Given the financial challenges of crea*ng a town 468
center, the Council was also considering annexing 70-acres of adjacent unincorporated land that was within the original Urban Limit Line (ULL) to help financially support the project (Attachment 2).
Even those addi*on lands were deemed inadequate and City leaders began to dream bigger.
ThereaGer they decided to expand the ULL to provide for addi*onal lands to support the town center. By mid-2008, American Canyon and Napa County reached agreement to expand the ULL and the subsequent voter ini*a*ve implemen*ng its expansion was approved by the Council later that year (AIachment 3). The 2008 Agreement set the stage for American Canyon to help the County reach its affordable housing goals and provide water to the unincorporated airport area. The expanded ULL contained another 175-acres of land north and east of the town center site. This ac*on was important because the financial reality of a mixed-use town center project in small community was becoming foreboding - especially in the face of the looming Great Recession.
In late-2010, the Napa County Local Agency Forma*on Commission approved the annexa*on of those addi*onal lands - totaling 315-acres - into the City (AIachment 4). Now that these addi*onal lands were in City limits, they could be developed to support the crea*on of a town center. But since the project had more than doubled in size, additional master planning was needed.
Watson Ranch Specific Plan
From 2012 to 2018, a thirteen-member ci*zen steering commiIee facilitated countless private and public planning sessions. The resul*ng public input was extraordinary. Finally, more than two decades aGer incorpora*on, an important milestone was reached; namely, the adop*on of the Watson Ranch Specific Plan (WRSP) (Attachment 5).
The WRSP is a comprehensive planning document that encompasses 309-acres of land that will contribute significantly to the iden*ty of American Canyon. The WRSP Area is located north of Vintage Ranch; east of the Union Pacific Rail Line; west of the City limits, and generally south of Watson Lane. With its unique draw of new residen*al neighborhoods surrounding a rebranded town center (Napa Valley Ruins & Gardens or NVRG) - the WRSP lays the founda*on for the community's vision to become a reality.
Unfortunately, despite overwhelming local support, 3rd-party legal challenges ini*ally delayed implementa*on. AGer seIling those legal issues in mid-2019, the Council adopted two ordinances that set the stage for the development of 1,439 dwelling units, 176,000 square feet of commercial space, 58,000 square feet of ancillary commercial space, a 200-room hotel, and an amphitheater contemplated by the WRSP.
Unfortunately, a global pandemic would soon alter the trajectory of the WRSP implementa*on.
Importantly, the Council approved a Development Agreement (DA) with one developer (American Canyon I, LLC or AC-1) which allows development ac*vity to flexibly respond to market condi*ons for 30 years (Attachment 6).
469
In 2023, the Watson Ranch Specific Plan was amended to reflect progress accomplished in the first few years. (Attachment 7).
Accomplishments
To date, six (6) different residential projects are approved. The result: 880 dwelling units entitled for construc*on; of those, 415 dwelling units are complete and inhabited, while 26 units are ac*vely under construction.
In addi*on, the 200-room hotel with conference facili*es, a 3,300-seat amphitheater, and an 800- seat amphitheater are also approved. As proof-of-concept for the permanent amphitheaters, temporary concerts uses are also approved.
AIachment 8 shows the chronology of the discre*onary approvals and related ac*ons by the Planning Commission and/or City Council. The table below is a snapshot of residen*al construc*on activity.
Lot/Name Project Name Homebuilder
Units
Entitled
Building Permit Status
Not
Applied
Plan Check Issued Occupancy
Lot 24 Lemos Pointe
Pacific West
Communities
186 0 0 0 186
Lots 14, 15 Artisan DR Horton 98 0 0 0 98
Lot 10 Harvest DR Horton 219 58 4 26 131
Lot 7 TBD KB Homes 136 136 0 0 0
Lot 8 TBD KB Homes 25 25 0 0 0
Promontory TBD Design Permit 216 216 0 0 0
Total 880 435 4 26 415
As shown above, substan*al development ac*vity has already occurred, with approximately 60% of the residential units contemplated by the WRSP either complete and/or currently entitled.
Entertainment Zone
The first commercial event at NVRG occurred a few weeks ago in conjunc*on with Blue Note's '2025 Fall Series". Four of the six concert events in this series have already occurred with the final two events happening next weekend. According to the promoter and aIendees, the proof-of-concept has been a resounding success.
Other en**es related to AC-1 have acquired businesses such as a Loch and Union Dis*llery, Old Kan Brewery, Ruins Wine Co. and Napa Valley Roas*ng Co. for the purposes of reloca*ng to NVRG. A 470
new law (SB 969) could help incen*vize these businesses to relocate to American Canyon in support of next year's concert series, which promises to be even more entertaining (Attachment 9).
In addi*on to more music offerings, a new "sculpture garden" which will ini*ally include 10 - 20 large sculpture art pieces in a garden sePng is underway. A beer garden, wine bar, food trucks, picnic areas, etc. with ancillary ac*vi*es for different age groups is expected to open in late Spring 2026 (weekends/day*me only) weather permiPng. For now, parking will be located on the future hotel property, but plans are underway to develop a parking lot on the west side of the NVRG to be accessed directly from South Napa Junction Rd.
The installa*on of on-site u*li*es (water, fire, sanitary sewer, recycled water, etc.) inside NVRG will commence following the last concert event this fall. The developer expects this to last 4-5 months.
Once complete, there will be permanent fire hydrants, modular restrooms and a separate sanitary system for food services in support of next year's program.
Staff recommends the Council adopt a Minute Order approving a No*ce of Intent to submit an applica*on to the California Department of Alcohol Beverage Control for an "Entertainment Zone" at the Napa Valley Ruins and Gardens.
Commercial Access Needed
In order to decouple the dependency of NVRG's food, beverage, and retail offerings from this ini*al cadence of the music events, the NVRG developer believes bonafide commercial access to highway is needed. This is because support from local American Canyon patrons alone will be insufficient to make these business successful. Instead, NVRG is dependent upon customers visi*ng American Canyon from elsewhere (who will primarily access NVRG from the highway). Poten*al NVRG Hotel developers share this perspective.
Currently, no public railroad crossing exists between NVRG and the highway, so the City will be pursuing approval from the CPUC to build one. Recently approved legisla*on (SB 544 - Laird) provides a new, streamlined process for approving such crossings, and adop*ng a No*ce of Intent will formally ini*ate that process. The proposed loca*on for this crossing is shown in the WRSP and the General Plan to be the future extension of Rio Del Mar; however final design considera*ons by both CPUC and/or Caltrans may dictate a different location (Attachment 10).
Staff recommends the Council adopt a Minute Order approving No*ce of Intent to submit an applica*on to the California Public U*li*es Commission for a public road railroad crossing to access the Watson Ranch Specific Plan.
Mitigation Bank
471
The 321-acre Jaeger Open Space (JOS) was in 2025 to conserve, protect, and par*ally compensate for unavoidable impacts to covered species and covered habitat associated with the adjacent WRSP. In par*cular, the JOS was established to mi*gate for a por*on of the impacts to the Federal listed California red-legged frog. A Long-Term Management and Monitoring Plan (LTMP) is being implemented to ensure that CRLF habitat within the JOS is managed, monitored, and maintained in perpetuity.
The LTMP establishes objec*ves, priori*es, and tasks to monitor, manage, maintain, and report on covered species, and covered habitat on the property. The LTMP is consistent with the Conserva*on Easement (CE) covering the JOS (AIachment 11). The LTMP iden*fies ini*al capital improvements and a long-term management phase. JOS may provide public access to a limited number of trails - some which may connect to and are accessed from the adjacent City-owned Newell Open Space.
The CE allows for the construc*on and maintenance of the proposed trials and public access. (Attachment 7)
AC-1 proposes to develop a "mi*ga*on bank" to offset costs associated with the JOS. The proposed bank includes permanently sePng aside open space lands adjacent to American Canyon and the recently recorded CE will prevent important habitat from being developed.
California’s conserva*on and mi*ga*on banking programs are guided by Fish and Game Code Sec*ons 1797 et seq. The programs are implemented by the Department of Fish and Wildlife (CDFW) with interagency consulta*on by others (AIachment 12). To assist AC-1, staff recommends adop*ng a No*ce of Intent to submit an applica*on to CDFW for a Mi*ga*on Bank and to begin the interagency consultation process.
Staff recommends the Council adopt a Minute Order approving n o*ce of Intent to submit an applica*on with the California Department of Fish and Wildlife to create a Mi*ga*on Bank for the Watson Ranch Specific Plan.
Conclusion
The numerous successes now unfolding in real-*me are rooted in the well-conceived plans of prior leaders and are the result of tremendous efforts by the City's development partners. Addi*onal challenges await, but the founda*on for ac*vity remains strong and the future of Watson Ranch and the Napa Valley Ruins and Gardens remains strong.
COUNCIL PRIORITY PROGRAMS AND PROJECTS
Community and Sense of Place: "Build on the strength of our local community to develop a clear 'sense of place' and establish our unique identity."
FISCAL IMPACT
Funding the implementation of the WRSP is a complicated and risky endeavor. 472
For example, AC-1 reports it has invested $30.5 million on Master Backbone Infrastructure (MBI) and $18 million more on "in-tract" infrastructure. MBI is the infrastructure that residents of WRSP will use to travel throughout the area and connect to exis*ng city streets. Visitors to NVRG and exis*ng residents will also u*lize the MBI. Examples of MBI include Rolling Hills Drive, Mallen Way, Rio Del Mar Segment 4, and Marcus Road Segment 1. In-tract infrastructure are smaller neighborhood streets that have houses fron*ng on them. Examples include Encore Street and Junegrass Street.
The MBI enabled the Lemos Pointe Affordable Housing Project to be completed in mid-2024. This first-of-its-kind in Napa Valley modular construc*on project was developed by Pacific West Communi*es, Inc. with one-*me support of $7.5 million from California Department. of Housing and Community Development (HCD) Infill Infrastructure Grant (IIG) funding and $4.3 million in annual federal tax credits from the CA Tax Credit Alloca*on CommiIee (CTCAC). The project includes 186 apartments set aside for tenants making between 30% and 60% of Area Median Income for our area, which is $146,700 for a family of four. Of note, construc*on of these dwelling units exceeded AC-1's "affordable housing" obligations in their DA.
The sale of finished lots to homebuilders such as K.B. Homes and D.R. Horton help AC-1 recoup the cost of infrastructure needed for the development. Three tranches of financing facilitated by the California Statewide Community Development Authority (CSCDA) - of which American Canyon has been a member since 2007 - in amounts of $6.6 million (2023), $15.6 million (2024) and $15 million (2025 - pending) also supported AC-1 efforts (AIachment 13). Of note, the IIG program and CTCAC tax credits are state and federal programs, while the CSCDA financing will be repaid by the eventual homeowners as part of annual property tax assessments.
ENVIRONMENTAL REVIEW
15378(b) - The ac*on is not a "Project" subject to the California Environmental Quality Act ("CEQA") because it does not qualify as a "Project" under Public Resources Code Sec*ons 21065 and 21080 and in Section 15378(b) of Title 14 of the California Code of Regulations.
COMMUNICATION
Level 1: Minimal Communication
ATTACHMENTS:
1. Town Center Location 1994 General Plan
2. 2007 Draft Town Center Site Plan
3. 2008 City/County ULL Agreement
4. 2010 LAFCO Approval of Town Center Annexation
5. 2018 Watson Ranch Specific Plan
6. 2019 AC-1 Development Agreement
7. 2023 Watson Ranch Specific Plan Amendment
473
9. Holley Memo to Council SB 969 Entertainment Zone for NVRG
8. Chronology of City Approvals 2017-2025
10. 2025 General Plan - Mobility Element Map
11. JOS Conservation Easement
12. CDFW Mitigation Bank Guidelines
13. CSCDA SCIP Presentation 2024
474
CITY COUNCIL AGENDA
OCTOBER 15, 2024
STAFF REPORT
BUSINESS
ITEM NUMBER: 14.
TITLE
Newell Drive Extension
RECOMMENDATION
Receive and file and update on the extension of Newell Drive.
CONTACT
Jason Holley, City Manager
BACKGROUND & ANALYSIS
This item responds to Council’s request for an update on the Newell Drive Extension Project.
Extending Newell Drive helps accomplish American Canyon’s Transporta5on Goal – to “Improve the transporta5on network within the City to alleviate conges5on and enhance the quality of life for the community.”
Specifically, the Project would result in the con5nua5on of a north-south roadway east of Highway 29, which is consistent with Strategy TR-3 (“Expand network of local streets and parallel routes to Highway 29”).
Simply put, the Newell Drive Extension Project is significant for the American Canyon community and the Napa Valley region, impac5ng transporta5on, economic development, and community wellbeing.
Newell Drive is comprised of four (4) sec5ons. Segment 1 is complete. Segments 2 and 3 are underway and within City limits. Segment 4 as proposed is located outside City-limits in an area planned for annexation in the near future (Attachment 1).
Segment 4 is con5ngent on the occurrence of other ac5ons some of which are accomplished by other governmental agencies. Design cannot begin un5l a decision about the type of railroad crossing (at-grade vs. grade-separated) is reached. Environmental review of City ac5on on the annexa5on is complete but challenged by the City of Vallejo. Property acquisi5on is 60% complete, but also delayed because of the legal challenge. Construc5on is an5cipated to occur in conjunc5on with development activity within the Watson Lane Annexation Area. 475
Funding Challenges: In 2017, Segment 4 had an es5mated cost of $10M with an at-grade railroad crossing. The grade-separated crossing was es5mated at an addi5onal cost of $20M. Due to infla5on, these costs will be at least 50% higher. Developers will contribute a por5on of the roadway costs with addi5onal funding sources needed. Securing grant funding is difficult because of State requirements for projects similar to that proposed and there are compe5ng local budget priorities and limited available financial resources that could also hinder progress on Segment 4.
Environmental Concerns: Poten5al environmental impacts, such as effects on local wildlife, habitats, or water quality, were extensively studied and mi5ga5on measures reducing impacts have been iden5fied and adopted. The studies for Segment 4 demonstrate the at-grade railroad crossing is the least damaging (environmental) alternative when compared to the grade-separated crossing.
Regulatory Hurdles: Naviga5ng the regulatory landscape can be complex. The Project requires various permits and approvals from state and federal agencies, most significantly, special approval from the California Public U5li5es Commission for a Segment 4 at-grade crossing because of concerns about safety (in contrast to a grade-separated crossing which would be a ministerial approval). Also, special approval from the other governmental agencies would be required for the grade separated-crossing as it would have more project impacts. Thus, Segment 4 is currently also delayed pending a decision about the railroad crossing.
Land Acquisi5on: The City has agreements with two (2) property owners to acquire property rights for Segment 4 once annexa5on is complete. Property acquisi5on from the remaining proper5es cannot begin un5l a decision on the type of railroad crossing is complete, because impacts to proper5es could be more wide-ranging with a grade-separated alterna5ve compared to a at-grade crossing.
Litigation
Since 2023, the City of Vallejo through Vallejo's City ALorney has ini5ated three (3) lawsuits against American Canyon on several theories of American Canyon not complying with applicable law. One of the cases was decided in American Canyon's favor at the trial court. The remaining lawsuits, including one challenging por5ons of the annexa5on containing Segment 4, are progressing through the legal system.
COUNCIL PRIORITY PROGRAMS AND PROJECTS
Transporta5on: "Improve the transporta5on network within the City to alleviate conges5on and enhance the quality of life for the community."
FISCAL IMPACT
Not applicable
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ENVIRONMENTAL REVIEW
This communica5on provides informa5on only and is not a Project under the California Quality Environmental Quality Act.
ATTACHMENTS:
1. Newell Drive Segment 4
477
CITY COUNCIL AGENDA
AUGUST 15, 2023
STAFF REPORT
PUBLIC HEARING
ITEM NUMBER: 9.
TITLE
Watson Ranch Specific Plan and General Plan Technical Amendment
RECOMMENDATION
Take the following actions related to the General Plan and Watson Ranch Specific Plan:
1. Adopt a Resolu0on of the City Council of the City of American Canyon amending the General Plan to ensure consistency with and between the General Plan and the Watson Ranch Specific Plan.
2. Waive first reading, read by 0tle only, and adopt an Ordinance by the City Council of the City of American Canyon amending the Watson Ranch Specific Plan.
CONTACT
Brent Cooper, AICP, Community Development Director
BACKGROUND & ANALYSIS
The Watson Ranch Specific Plan (WRSP) is a comprehensive planning document that encompasses 309-acres and will contribute significantly to the iden0ty of American Canyon with its unique draw of new residen0al neighborhoods and the Napa Valley Ruins & Gardens (NVRG). The WRSP area is located north of Vintage Ranch; east of the Union Pacific Rail Line; west of the City limits, and generally south of Watson Lane. On January 31, 2023, the City Council approved the WRSP, amended the General Plan to maintain consistency with the WRSP, and cer0fied the Final Environmental Impact Report (State Clearinghouse Number 2015022030). A Project se?ng map is included as Attachment 0.1.
Land ownership within the WRSP is shared by two property owners - American Canyon 1, LLC (AC-1, LLC) and the Newell Family. AC-1, LLC owns approximately 252 acres and the Newell Family owns approximately 57 acres. A map depicting the WRSP ownership is included as Attachment 0.2.
The WRSP project development program includes 1,253 market rate dwelling units allocated among Medium and High residen0al densi0es. Required inclusionary (affordable) housing is not subject to the 1,253 market rate dwelling unit limit. The project also includes a 200-room hotel, amphitheaters, and 234,000 square feet of commercial development, parks, trails, and a school site.
The current WRSP Land Use Map is included as Attachment 0.3. 478
As a policy framework, the WRSP by necessity will require amendment from 0me-to-0me to provide appropriate modifica0ons to address current needs and improved ideas. For example, on June 4, 2019, the City Council amended the General Plan to accommodate technical revisions to the Watson Ranch Specific Plan (Resolu0on 2019-40) and approved the first amendment to the WRSP (Ordinance 2019-05).
Today, the community is taking shape. Since 2019, the City has approved numerous discre0onary applica0ons that have resulted in a Development Agreement; Large Lot Ves0ng Tenta0ve Map; Street and Park Dedica0ons; Design Permits for the Lemos Pointe Apartments, Ar0san and Harvest single-family homes; Tenta0ve and Final Maps for single family subdivisions; the NVRG Hotel and Condominiums; two NVRG Amphitheaters; and approval of ministerial construction permits.
In 2022, the applicant, American Canyon 1-LLC, proposed a General Plan Amendment and WRSP amendment to implement improved ideas for a more efficient roadway circula0on, park loca0ons, public school needs, and clarifica0on of narra0ve language and policy descrip0ons throughout the Specific Plan document (File No. PL22-0023). There is no proposed change to the number of allowable market rate residen0al dwelling units, and only refinements to commercial development intensity assumptions. Notable changes to the WRSP include the following:
Amendment to the General Plan Land Use Element map (See Attachment 1.1); Amendment to the General Plan Circulation Element map (See Attachment 1.2); Development Phasing revised from a geographical approach to market-based at the Developer’s discretion;
Replace the elementary school site with a larger Park and Medium Density Residen0al (MDR16) zoning; Relocate a 2-acre community plaza with an approximately 20,000 square foot community center from the NVRG site to an alternate park location; Rename “Loop Road” to “Marcus Road”;
Revise Newell Drive south of Rio Del Mar East from a 4-lane arterial to a 2-lane Collector; Add a local road segment “Mallen Way” between Rio Del Mar East and Newell Drive; Delete Implementa0on Plan WRSP Sec0on 9.3.5.8 regarding Newell Drive extension north of the Project site to SR-29 at Green Island Road; and
Various clerical and word clarification amendments throughout the document A “clean” (non-redline) copy of the WRSP with proposed changes is included as ALachment 2.1. A redline copy depicting changes to the WRSP is included as Attachment 3.
On May 25, 2023, the Planning Commission conducted a public hearing on the project and unanimoulsly recommended City Council approval of the proposed General Plan Amendment and Specific Plan Amendment.
On June 7, 2023, the Open Space, Ac0ve Transpora0on, and Sustainability (OSATS) Commission 479
reviewed amendments to the bicycle trail plan.
On August 10, 2023, the Parks & Community Services (PCS) Commission reviewed amendments to the park plan.
School Site Redesignation
The WRSP designates 10.1 acres for a proposed Elementary School. This property was designated in compliance with a private 2016 agreement (School Agreement) between the WRSP Property Owners and the Napa Valley Unified School District (NVUSD). The WRSP Applicant informed staff that they are in discussions with the NVUSD on changes to the school district agreement that is expected to result in the school site no longer being needed.
In an0cipa0on of the School Agreement modifica0on, the elementary school site has been designated to a park site, and a por0on allocated to a proposed 25 single family lot extension of the Harvest Single Family neighborhood.
Newell Family Property
The WRSP amendment, proposed by American Canyon 1, LLC includes land use changes on the Newell Family property. Subsequent to the WRSP amendment applica0on submiLal, the Newell Family submiLed the Promontory project which encompasses the en0re Newell Family property.
Fortunately, the Promontory project can be accommodated with the exis0ng and proposed WRSP policy framework. On May 22, 2023, staff received a leLer from the Newell Family representa0ve, Steve Reilly of 330 Land Company LLC. A copy of the 330 Land Company leLer and staff response is included as Attachment 4.
Traffic Impacts
Fehr & Peers, a Registered Traffic Engineering firm, prepared the original traffic analysis for the 2018 WRSP Environmental Impact Report. To evaluate the proposed WRSP amendment, Fehr & Peers prepared a May 5, 2023 trip genera0on memorandum that compares the revised WRSP land use with the certified WRSP EIR land use.
Changes from the 2018 EIR Land Use Assumptions include:
Deletes traffic from the 600-student Elementary School (replaced by park acreage) Deletes 24,780 square foot Office Use (replaced with newer uses at NVRG) Deletes a proposed 20,000 square foot Community Center (the Center is unfunded with no scheduled construction timeframe)
Refined Commercial use assumptions at NVRG include:
200-room Hotel
19,580 sf Artisan Shops (NVRG 9)
3,000 sf Fine Dining Restaurant (NVRG 11)
5,710 sf Pizza Service (NVRG 2)
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5,510 sf Brewery Tap Room (NVRG 12 + 13)
4,630 sf Wine Tasting Room (NVRG 7)
12,195 sf Distillery (NVRG 3 + 18)
0.67-acre Open Space Uses (NVRG 21 + 22 + 23)
4,240 sf Catering Kitchen (NVRG 10)
1,380 sf Takeout Food Service (NVRG 6)
30,000 sf Event Space Buildings (NVRG 4 + 5 + 15)
12,000 sf Derail Skate Park (NVRG 26)
0.6-acre Farmer’s Market (NVRG 24)
10,000 sf Food Truck Venue (NVRG 25)
3,250-seat Quarry Amphitheater (NVRG 19)
750-seat Fig Tree Amphitheater (NVRG 16)
Based on the refined trip genera0on assump0ons, the poten0al net new weekday vehicle trips generated by the revised WRSP Build-out would be less than or similar to the cer0fied WRSP EIR.
For this reason, the proposed WRSP amendment is covered by the cer0fied WRSP EIR. No addi0onal analysis or mi0ga0on measures are necessary. A copy of the May 5, 2023 Fehr & Peers traffic memorandum is included as Attachment 5.
Public Comments: Prior to the Planning Commission mee0ng, the project was announced through the City’s GovDelivery system on May 10, 2023 which has a subscriber list of approximately 3,800 email addresses. A public hearing no0ce was sent by GovDelivery on May 12, 2023. The project was also published in the Vallejo Times Herald on May 13, 2023. A public hearing reminder was sent by GovDelivery on May 24, 2023. Staff received one comment in response to outreach. A copy of the letter and staff's response is included as Attachment 6.
Prior to the City Council mee0ng, a public hearing no0ce was sent by GovDelivery on June 9, 2023 and the project was published in the Vallejo Times Herald on June 10, 2023. A project public hearing reminder was sent by GovDelivery on June 15, 2023.
Napa Airport Land Use Compatibility
According to the California Airport Land Use Handbook, Ar0cle 3.5 of the SAA (PUC Sec0on 21676(a)), a Specific Plan amendment must be referred to the local Airport Land Use Commission (ALUC) for a determina0on whether the proposed ac0on is consistent with the airport land use compa0bility plan. The Napa County ALUC staff has previously stated that they prefer the ALUC to review projects aQer the Planning Commission has made its recommenda0on, and before City Council action.
Since the WRSP amendment is proposed by a private developer, the applicant will communicate with the ALUC staff and submit applicable correspondence to the City prior to final City Council action on the project.
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COUNCIL PRIORITY PROGRAMS AND PROJECTS
Community and Sense of Place: "Build on the strength of our local community to develop a clear 'sense of place' and establish our unique identity."
FISCAL IMPACT
A Fiscal Impact Analysis (FIA) was prepared for the WRSP at the 0me of the original approval. This FIA concluded that the proposed development will create a posi0ve overall fiscal impact on the City's General Fund.
ENVIRONMENTAL REVIEW
The proposed Watson Ranch General Plan Amendment and Specific Plan changes are consistent with the Project FEIR (SCH# 2015022030) and the Watson Ranch Specific Plan Development Agreement (Ordinance 2019-06, Agreement 2019-A107). In accordance with CEQA, the Watson Ranch Specific Plan Project FEIR is a program EIR and is generally assumed to be used at a "development level." See, e.g., CEQA Guidelines § 15168. There is no substan0al evidence of changed circumstances under CEQA Guidelines sec0on 15162 requiring further CEQA review as the whole of the approvals sought are contemplated under the Project FEIR analysis.
ATTACHMENTS:
01. Project Setting Map
0.2. WRSP Ownership Map
0.3. Existing WRSP Land Use Map
1. CC Reso WRSP GPA
1.1. Exhibit A Revised WRSP SP Land Use Amendment - Final Draft (4-11-2023)
1.2. Exhibit B Revised Circulation Element Map WRSP
2.1. Exhibit A WRSP Amendment - Final Draft May2023
2. CC WRSP Ordinance
3. REDLINE WRSP-Amendment_May 2023
4. 330 Land Company LLC Letter and Staff Response
5. Fehr & Peers Trip Generation Memo
6. Watson Ranch Specific Plan Amendment Project Comments 482
MARCUS ROAD
RIO DEL MAR EAST
EXHIBIT B
ATTACHMENT 1.2
483
Technical Memorandum
The Power of Commitment
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July 8, 2023
To Brent Cooper, City of American
Canyon
Contact
No.
707) 647- 4335
Copy to Leo Mena, Rincon Consultants Email bcooper@cityofamericancanyon. com From Colin Burgett, GHD Project No. 12592240
Project
Name
Paoli/ Watson Lane Annexation EIR
Subject Alternative 4 ( Watson Lane Reconfiguration) Constraints & Benefits This memorandum describes the key transportation- related constraints associated with Alternative 4, as described in the Paoli/ Watson Lane Draft Environmental Impact Report ( Draft EIR) prepared in March 2023, particularly in comparison with the proposed Project. Key considerations include the effect on longterm citywide and regional circulation, conformance with the City’ s General Plan, access to the site and properties east of the railroad tracks, and effect on existing residences.
The Project would allow for a direct street connection between Broadway / State Route ( SR) 29 at Green Island Road and Newell Drive via an extension of Newell Drive through the annexation area, including a grade- separated crossing where Newell Drive would cross the railroad tracks.
Alternative 4 would not provide a direct street connection between SR 29 and Newell Drive.
Instead, the existing at-grade railroad crossing on Watson Lane would be reconfigured to accommodate increased travel between Newell Drive and Paoli Loop Road.
1. Proposed Circulation with Newell Drive Extension
The extension of Newell Drive, north from its current terminus near Donaldson Way to SR 29, including a grade- separated crossing of the railroad tracks, is a key component of the City’ s long- term circulation plan, as described in the City of American Canyon General Plan Circulation Element ( adopted 2018), Watson Ranch Specific Plan ( WRSP, adopted 2018), and Draft 2040 General Plan Mobility Element ( 2023). Figures 1, 2 and 3 illustrate the City’ s long- term circulation plan including the Newell Drive extension with a gradeseparated crossing of the railroad tracks. Figures 2 and 3 also show a proposed connection to an extension of Kelly Road that would provide a continuous parallel route to SR 29 between American Canyon and SR
12. As envisioned, Newell Drive would connect American Canyon Boulevard in the south with SR 29 at Green Island Road, providing a parallel route to SR 29 within American Canyon and providing access to the 2018 Watson Ranch Specific Plan (WRSP) area to the southeast of the annexation area. As illustrated on Figure 4: the Newell Drive extension north of Rio Del Mar would be developed to Major Collector street standards, with one motor vehicle lane in each direction, bicycle lanes and sidewalks.
Watson Lane would remain a local street, providing direct access to adjacent properties within the annexation area from Paoli Loop. In addition, the American Canyon Bicycle Plan (2012) recommended provision of a bicycle/ pedestrian trail ( referred to as the proposed Vine Trail) along Watson Lane. 912 484
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Figure 5 shows the circulation plan for the WRSP area, including the Newell Drive extension extending along the eastern edge of the WRSP area consistent with the General Plan. No street connections were recommended between the WRSP area and the at-grade crossing of the railroad tracks via Watson Lane.
Instead, as shown on Figure 6: the WRSP recommended that provision of a bicycle and pedestrian trail connection to Watson Lane, consistent with the proposed Vine Trail described in the American Canyon Bicycle Plan ( 2012).
Figure 7 shows the proposed alignment for the Newell Drive extension through the annexation area. The Newell Drive extension would extend east from Broadway/ SR 29 at Green Island Road along the northern boundary of the annexation area and would intersect Paoli Loop Road one block east of SR 29 before curving southeast near the railroad tracks.
2. Proposed Circulation under Alternative 4 (Watson
Lane Reconfiguration)
Under Alternative 4, the Newell Drive extension would not be extended through the annexation area.
Instead, the existing at-grade railroad crossing on Watson Lane would be reconfigured to accommodate increased east- west travel between the annexation area and the WRSP area to the east, where Watson Lane would continue east to meet the future north terminus of Newell Drive.
Under Alternative 4, Watson Lane would be expanded to meet City standards for a Major Collector street, consistent with the planned configuration for portions of the Newell Drive extension north of Rio Del Mar ( as shown on Figure 4), which requires an 80-foot right- of-way width to accommodate two motor vehicle lanes one per direction), bicycle lanes, sidewalks and landscape strips on both sides, with a raised center median. Figure 7 shows the expended footprint to accommodate the required width of the right- of-way Watson Lane to accommodate the reconfiguration under Alternative 4.
As illustrated on Figure 8, under existing conditions, the railroad tracks are approximately 8 feet higher than the adjacent portion of Watson Lane to the west of the tracks, and approximately 2 feet higher than the adjacent portion of Watson Lane to the east of the tracks, with an abrupt change in elevation on Watson Lane near the tracks. To the west, Watson Lane continues to slope downward, with an estimated 2 percent downward slope to the west towards the Paoli Loop Road. The elevation of Watson Lane would thus be raised to provide a roughly level segment within 30 feet of edge of rail in both directions, consistent with applicable guidelines, and to provide gently sloping approaches for up to approximately 500 feet west of the level segment to the west of the tracks, and approximately 100 feet east of the level segment to the east of the tracks. Therefore, the total extent of potential fill to raise the elevation of Watson Lane would extend roughly 670 feet ( west to east).
Additional improvements at and near the at-grade crossing under Alternative 4 would include providing railroad crossing gates and flashers, and raising the elevation of Watson Lane to reduce changes in elevation near the tracks.
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Figure 1. Citywide Circulation Plan: Current Adopted General Plan Circulation Element ( October 2018)
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Figure 2. Citywide Circulation Plan: Draft 2040 General Plan Mobility Element 915 487
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Figure 3. Newell Drive Extension & Proposed Kelly Road Connection 916 488
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Figure 4. Planned Street Cross- section for 2-lane Major Collector: Newell Drive Extension ( north of Rio Del Mar)
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Figure 5. Watson Lane Specific Plan ( 2018): Circulation Plan As shown on Figure 4: Newell Drive would be extended north along the eastern border of the Watson Ranch Specific Plan area as a 4-lane Arterial south of Rio Del Mar and 2-lane Major Collector north of Rio Del Mar. 918 490
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Figure 6. Watson Lane Specific Plan ( 2018): Illustrative Plan including Vine Trail As shown on Figure 5: the Watson Lane Specific Plan recommends provision of a bicycle/ pedestrian trail connection to the annexation area via the Watson Lane right- of- way, but with no local street connections between the Specific Plan area and the at- grade railroad crossing on Watson Lane. 919 491
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Figure 7. Proposed Newell Drive Alignment through Annexation Area ( Project) 920 492
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Figure 8. Watson Lane Reconfiguration ( Alternative 4): Right- of-Way Width Figure 9. Watson Lane Reconfiguration ( Alternative 4); Existing Elevation Change at Railroad Tracks
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3. Constraints & Benefits
Based on the descriptions on the preceding pages, a summary of the key constraints and opportunities associated with Alternative 4 is summarized below.
Key Benefits
The key benefits of implementing Alternative 4 (Watson Lane reconfiguration) are:
1. Utilizing the existing at-grade crossing of the railroad tracks at Watson Lane ( as proposed under Alternative 4) would have a lower cost compared to a grade- separated crossing.
Alternative 4 would reduce the intensity of construction required for an overcrossing as compared to an at-grade crossing, despite the expanded footprint required for Watson Lane and the extent of fill anticipated to be required to raise the elevation of Watson Lane near the existing at-grade crossing.
2. Alternative 4 would provide a more direct connection for a portion of trips (between the southern half of the annexation area and Watson Ranch). For trips between land uses in the southern half of the annexation area and future development of sites within the Watson Ranch Specific Plan area, Alternative 4 would provide a more direct route compared to the Newell Drive extension under the proposed Project. However, this would only apply to a small portion of trips.
Most motor vehicle trips across the railroad tracks would be traveling between SR 29 and Watson Ranch or American Canyon Boulevard, or between the annexation area and American Canyon Boulevard.
Key Constraints
The key constraints resulting from Alternative 4, in comparison with the Project, are summarized below:
3. Alternative 4 would result in potential delays to emergency access compared to the proposed Project. Utilizing an at-grade crossing ( as proposed under 4) would halt travel during times of railroad use, including potential delays to emergency vehicles.
4. Alternative 4 would provide a less- direct route between SR 29 and land uses east of the railroad tracks compared to the Project. Alternative 4 would require that motorists traveling between SR 29 and neighborhoods to the southeast of the annexation area ( including the Watson Ranch Specific Plan area) to connect with Newell Drive via Paoli Loop and Watson Lane. By contrast, the Project would provide a direct connection between SR 29 and Newell Drive that would reduce travel distance and travel time for most motorists crossing the tracks. In addition, the Project would accommodate a direct connection between Newell Drive and the proposed Kelly Road extension that would not be possible under Alternative 4.
5. Alternative 4 would require an expanded footprint and substantial fill to reduce the slope due to the existing grade changes near the railroad tracks, affecting existing residences located on Watson Lane. The proposed reconfiguration of Watson Lane would require an expanded footprint on existing segments of Watson Lane including an 80-foot right- of-way width to accommodate two motor vehicle lanes ( one per direction), bicycle lanes, sidewalks and landscape strips on both sides, with a raised center median. In addition, substantial fill would be required to provide a roughly level segment within 30 feet of the edge of rail in both directions. The total extent of potential fill to raise the elevation of Watson Lane would extend roughly 670 feet ( west to east).
6. Alternative 4 conflicts with the City of American Canyon General Plan and Watson Ranch Specific Plan. The City’ s General Plan and Watson Ranch Specific Plan identify the Newell Drive extension as the future route for accommodating travel between future development areas on both sides of the tracks, and for connecting SR 29 with existing segments of Newell Drive to the south.
The extension of Newell Drive, north from its current terminus near Donaldson Way to SR 29 including a grade- separated crossing of the railroad tracks, is a key component of the City’ s longterm circulation plan, as described in the City of American Canyon General Plan Circulation Element ( adopted 2018), Watson Ranch Specific Plan ( WRSP, adopted 2018), and Draft 2040 General Plan Mobility Element ( 2023). In addition, the American Canyon Bicycle Plan ( 2012) 922 494
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recommended provision of a bicycle/ pedestrian trail ( referred to as the proposed Vine Trail) along Watson Lane, while street connections for motor vehicles between the annexation area and the WRSP area via the existing at-grade crossing on Watson Lane were not recommended by the General Plan or WRSP.
Summary & Recommendation( s)
Based on the key constraints and benefits described above, Alternative 4 is not recommended because it would provide inferior circulation between SR 29 and most properties, particularly those located east of the railroad tracks including the Watson Ranch Specific Plan area, in comparison to the Project. While the Project would provide direct connections between Newell Drive and SR-29, and between Newell Drive and the proposed Kelly Road extension, Alternative 4 would require travel between Newell Drive and SR 29 or the proposed Kelly Road extension via Watson Lane and Paoli Loop. As a result, Alternative 4 would result in added travel times and increased vehicle miles traveled ( VMT) compared to the Project.
In addition to requiring a more indirect route for most travelers crossing the tracks, Alternative 4 is not recommended because it would result in potential delays during times of railroad use, including effects on emergency access, and would affect residences due to the expanded footprint and fill that would be required.
In conclusion, provision of the Newell Drive extension under the proposed Project is recommended because it would better enhance access to most properties east of the railroad tracks, and thus have a more desirable effect on long- term citywide and regional circulation. 923 495
Illllf 111111 1111111111 llll IllIll 11111 1111111111 1111111111 1111111111111 2019- 0013806
Recorded
Official Record!.'
Cour, ty of RECORDING FEES EXEMPT N1Jpa
PURSUANT TO GOVERNMENT
CODE SECTION 27383
JOHN TUTfUR
A:.~e!:~or-Recorder- Co.
12:43PM 19-,.lul-2019
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY CLERK ·
CITY OF AMERICAN CANYON
4381 BROADWAY STREET, SUITE 201
AMERICAN CANYON, CA 94503
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF AMERICAN CANYON,
AND
AMERICAN CANYON I, LLC,
REGARDING
THE AC- 1 PROPERTY AND PROJECT
REC FEE O.OQ
CC1- CONFORMED C 1. IJO
J\1.1
1 496
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF AMERICAN CANYON,
AND
AMERICAN CANYON I, LLC,
REGARDING
THE AC- 1 PROPERTY AND PROJECT©
This Development Agreement (" Development Agreement"), dated this I8th day of July, 2019 (" Effective Date," described further below), is entered into by and between the City of American Canyon, a California municipal corporation (" City"), and American Canyon I, LLC, a Delaware Limited Liability Company (" AC-1") ( AC-I is also referred to in this Development Agreement as " Developer"), pursuant to section 65864 et seq. of the Government Code of the State of California, and pursuant to City' s police powers under Article XI, section 7 of the California Constitution. City and Developer are, from time to time, hereinafter referred to in this Development Agreement individually as a " Party" and collectively as the " Parties." NOW, THEREFORE, on the basis of the following facts, understandings and intentions of the Parties, and in consideration of the mutual covenants and promises contained herein and other considerations, the value and adequacy ofwhich is hereby acknowledged, the Parties hereby agree as follows:
RECITALS
A. The preceding Preamble is true and correct, is a part of this Development Agreement, and the terms defined in the Preamble are used throughout this Development Agreement.
B. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State ofCalifornia adopted Government Code sections 65864 et seq. (" Development Agreement Statute"), which authorizes the City to enter into a development agreement with any person having a legal or equitable interest in real property providing for the development of that property and establishing certain development rights in the property. This Development Agreement has been drafted and processed pursuant to the Development Agreement Statute.
C. In 2010, AC-1 and City entered into a Memorandum of Understanding (" 2010 MOU") which sought to summarize certain assumptions of the Parties regarding the future preparation of a development proposal for that property described in Attachment A to the 2010 MOU ( comprised of certain lands in the corporate boundaries of the City owned by the Newell family (" Newell Property") ( any reference in this Development Agreement to the " Newell Property" shall mean and include all or any portion of the in-City Newell Property), and certain lands owned by AC- I ("AC- 1 Property" or " Property"). Both the Newell Property and the AC1 Property are contained within the " Watson Ranch Specific Plan," as both properties are illustrated in Exhibit A to this Development Agreement. The Newell Property secured City approval, and subsequent recordation, of a subdivision map (" Newell Parcel Map") ( creating the 2 Copyright © 2019 by Michael Patrick Durkee. All rights reserved. No portion of this Development Agreement may be reproduced, stored for retrieval or used or reused in any form or by any means, electronic, mechanical or otherwise, without the prior written consent of Michael Patrick Durkee. 497 in-City portion referred to in this Development Agreement as the Newell Property), and dedicating certain roadway rights-of-way to the City. However, only the AC-1 Property is the subject ofthis Development Agreement. The Watson Ranch Specific Plan also includes " Zoning" regulations and criteria. The Specific Plan and its included Zoning are collectively referred to in this Development Agreement as the " Watson Ranch Specific Plan" and/or the " Specific Plan." As part ofthe preparation and adoption ofthe Specific Plan, a related " General Plan Amendment" was prepared. Thereafter, a Specific Plan/Zoning amendment and corresponding General Plan amendment were adopted by the City in June 2019 to slightly move certain Land Use Designations and to confirm available Project access points. Therefore, any reference in this Development Agreement to the " Watson Ranch Specific Plan" and/or the " Specific Plan" shall mean and include that subsequent Specific Plan/Zoning amendment, and any reference in this Development Agreement to the " General Plan Amendment" shall mean and include that subsequent General Plan amendment. As set forth in Recital paragraph F (below) ofthis Development Agreement, the Watson Ranch Specific Plan, Zoning regulations and criteria, and related General Plan Amendment are included in this Development Agreement' s reference to the " Existing Approvals."
D. The 2010 MOU anticipated the preparation ofthe Specific Plan, the review ofthe Specific Plan and all other approvals needed for the development ofthe Property and the belowdescribed Projectpursuant to the California Environmental Quality Act (Pub. Res. Code§§ 21000 et seq.) and its Guidelines ( California Code ofRegulations, Title 14 §§ 15000, et seq.), as each is amended from time to time (" CEQA"). and through an Environmental Impact Report prepared on the Project (" Project EIR"), the funding of those efforts by Developer, the entering into negotiations for a statutory Development Agreement by and between the Parties regarding the Project, and the preparation of a mutually acceptable Term Sheet and Major Milestone Schedule for preparing and completing those Project approvals. The Term Sheet and Project Schedule Agreement was approved by the City on January 16, 2018. This Development Agreement is a product of the Term Sheet and Project Schedule Agreement and the further negotiations by and between the Parties.
E. The planning, development, construction, operation and maintenance of the proposed uses of the Property ( implemented through the Project Approvals) are collectively referred to in this Development Agreement as the " Project," which Project is more particularly described in, and reviewed and analyzed by, the Project EIR, prepared in conjunction with the General Plan Amendment, Specific Plan, Zoning and other Project Approvals. In accordance with CEQA, City certified as adequate and complete the Project EIR. The City has determined that no additional environmental review is necessary in connection with its consideration, approval and execution ofthis Development Agreement. Any reference in this Development Agreement to the Project" shall mean and include the "Property," and any reference in this Development Agreement to the " Property" shall mean and include the " Project." F. As of the execution of this Development Agreement by the Parties, various land use regulations, entitlements, grants, conditions, permits, and other "Project Approvals have been adopted, issued, and/or granted by City relating to the Project ( collectively, " Existing Approvals"), including without limitation, all ofthe following:
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1. Project EIR.
2. General Plan Amendment.
3. Specific Plan.
4. Zoning.
5. Twenty-four-lot vesting tentative map (" Large Lot Vesting Tentative Map").
G. Throughout the public planning process, including the Specific Plan process, the Developer has exhibited a willingness to provide roadways, open space, public and civic places, schools, trails, parks and other public benefits in excess of that which the City could otherwise require under controlling law, including without limitation, the provision of school-related accommodations substantially in excess of statutory requirements, the dedication and improvement of in excess of 50 acres of open space and parks, including a two-acre community plaza and community center site, the adaptive reuse of the Portland Cement Company ruins to a mixed- use " town center," and the investment ofinfrastructure substantially in excess ofwhat could be required ofthe Project under controlling law. These Project benefits provide the consideration for this Development Agreement, including without limitation, the Fees Credits, City Contribution, reimbursements, and other provisions set forth in this Development Agreement.
Therefore, to ensure that such benefits are properly secured by City, and to ensure, in return, that Developer has the ability to develop the Project as planned and approved, this Development Agreement provides Developer with a vested right to complete the Project subject and pursuant only to the " Applicable Law" that this Development Agreement describes, and to which this Development Agreement binds the Parties. Through this Development Agreement, " Existing City Laws" ( defined herein) and the Existing Approvals are vested into by City and by Developer, and Subsequent Approvals" ( defined herein) regarding the Project are later vested into and included in this Development Agreement, and its Applicable Law, provided such Subsequent Approvals are processed pursuant to this Development Agreement' s requirements ( e.g., processed pursuant to controlling California law (including CEQA, planning law, and Development Agreement Statute compliance), have secured approval of the Parties, are adopted by City, etc.). The Existing Approvals and such Subsequent Approvals are collectively referred to in this Development Agreement as the " Project Approvals."
H. On October 4, 2018, following a duly noticed and conducted public hearing, the Planning Commission ofthe City (" Planning Commission"), the hearing body for purposes ofthe Development Agreement Statute, adopted Resolutions that affirmed CEQA compliance for this Development Agreement, adopted findings that this Development Agreement is consistent with the City's General Plan (as amended by the " General Plan Amendment"), Specific Plan and other Existing Approvals, and recommended that this Development Agreement be approved by the City Council.
I. On June 4, 2019, following a duly noticed and conducted public hearing, the " City Council" of City introduced and conducted the first reading of Ordinance No. 2019-06, an ordinance that affirms CEQA compliance, that adopts findings that this Development Agreement 4 499
is consistent with the City's General Plan, Specific Plan and other Existing Approvals, that approves this Development Agreement, and that directs this Development Agreement's execution by City (" Approving Ordinance"). The City conducted the second reading of the Approving Ordinance and adopted the Approving Ordinance on June 18, 2019 (" Adoption Date"), and the Approving Ordinance became effective thirty (30) days later on July 18, 2019 ( the Effective Date ofthis Development Agreement).
1.01 Definitions.
ARTICLE 1
DEFINITIONS AND TERM
a) The following terms, phrases, and words are used in this Development Agreement and shall have the meanings set forth in this Section, unless otherwise indicated by this Development Agreement.
1) " 2010 MOU" shall have that meaning set forth in Recital paragraph C ofthis Development Agreement.
2) " AC- 1" shall have that meaning set forth in the preamble of this Development Agreement, and likewise means " Developer" as used in this Development Agreement.
3) " Acquisition Agreement" shall have that meaning set forth in Section 2.08 of this Development Agreement.
4) " AD" shall have that meaning set forth in Section 2.08 of this Development Agreement.
5) " Administrative Amendment" shall have that meaning set forth in Section 3.02 of this Development Agreement.
6) " Adobe Lumber Agreement" shall have that meaning set forth in Section 2.09 of this Development Agreement.
7) " Adoption Date" shall have that meaning set forth in Recital paragraph I ofthis Development Agreement.
8) " Affordable by Design" shall have that meaning set forth m Section 2.07 ofthis Development Agreement.
9) " Affordable Housing Agreement" shall have that meaning set forth in Sections 2.07 ofthis Development Agreement.
10) " Aggregate Tax Burden" shall have that meaning set forth in Section 2.08 ofthis Development Agreement.
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11) " Alternative Project Finance Mechanism Agency" shall have that meaning set forth in Section 2.08 ofthis Development Agreement. 12) " Annual City Payment" shall have that meaning set forth m Section 2.08 ofthis Development Agreement.
13) " Annual Review" shall have that meaning set forth in Section 4.02 ofthis Development Agreement.
14) " Applicable Law" shall have that meaning set forth in Recital paragraph G and Section 2.01 ofthis Development Agreement. 15) " Approving Ordinance" shall have that meaning set forth m Recital paragraph I ofthis Development Agreement.
16) " Assessment District" or " AD" shall have that meaning set forth in Section 2.08 of this Development Agreement.
17) " Assignee" shall have that meaning set forth in Article 4 of this Development Agreement.
18) " Assignment" shall have that meaning set forth in Article 4 of this Development Agreement.
19) " Assignment Agreement" shall have that meaning set forth in Article 4 and Section 2.09 ofthis Development Agreement. 20) " At-Grade Rio Del Mar" shall mean the collective total of "AtGrade Rio Del Mar Segment 1," " At-Grade Rio Del Mar Segment 2," " At-Grade Rio Del Mar Segment 3," " At-Grade Rio Del Mar Segment 4," " At-Grade Rio Del Mar Segment 5," and " At-Grade Rio Del Mar Railroad Crossing Segment," as set forth in Section 2.07 of this Development Agreement.
21) " At-Grade Rio Del Mar Segment 1" shall have that meaning set forth in Section 2.07 ofthis Development Agreement.
22) " At-Grade Rio Del Mar Segment 2" shall have that meaning set forth in Section 2.07 ofthis Development Agreement.
23) " At-Grade Rio Del Mar Segment 3" shall have that meaning set forth in Section 2.07 ofthis Development Agreement.
24) " At-Grade Rio Del Mar Segment 4" shall have that meaning set forth in Section 2.07 ofthis Development Agreement.
25) " At-Grade Rio Del Mar Segment 5" shall have that meaning set forth in Section 2.07 ofthis Development Agreement.
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26) " At-Grade Rio Del Mar Railroad Crossing Segment" shall have that meaning set forth in Section 2.07 ofthis Development Agreement 27) " Bonds" shall have that meaning set forth in Section 2.08 of this Development Agreement.
28) " Caltrans" shall have that meaning set forth in Section 2.07 ofthis Development Agreement.
29) " Certificate of Occupancy" shall mean a certificate issued or final inspection approved by City authorizing use and occupancy ofa project structure. 30) " CEQA" shall have that meaning set forth in Recital paragraph D ofthis Development Agreement.
31) " CFD" shall have that meaning set forth in Section 2.08 of this Development Agreement.
32) " Chosen Law" shall have that meaning set forth in Section 2.01 and in Section 2.03 ofthis Development Agreement.
33) " City" shall mean the City ofAmerican Canyon, as set forth in the Preamble ofthis Development Agreement.
34) " City Contribution" shall have that meaning set forth in Section
2.08 ofthis Development Agreement.
35) " City Council" shall mean the City Council of City, as set forth in the Preamble and Recital paragraph I ofthis Development Agreement. 36) " City Determination" shall have that meaning set forth m Section 2.03 ofthis Development Agreement.
37) " City Impact Fees" shall have that meaning set forth m Section 2.07 ofthis Development Agreement.
38) " City Manager" shall have that-meaning set forth in Section 3.02 of this Development Agreement.
39) " City Precursors" shall have that meaning set forth in Section 2.07 of this Development Agreement.
40) " City Response" shall have that meaning set forth in Section 2.03 of this Development Agreement.
41) " Community Plaza and Community Center Site" shall have that meaning set forth in Section 2.07 ofthis Development Agreement. 7 502
42) " Conditions of Approval" shall have that meaning set forth in Section 2.09 ofthis Development Agreement.
43) " Construction Codes" shall have that meamng set forth m Section 2.01 ofthis Development Agreement.
44) " Consultant" or " Consultants" shall have that meaning set forth in Section 2.04 ofthis Development Agreement.
45) " Density Bonus" shall mean and include any and all residential density bonuses allowed under controlling California, federal, regional, and local law, as amended. 46) " Developer" shall have that meaning set forth in the Preamble of this Development Agreement, and, subject to Article 4 of this Development Agreement, shall include its successors and assigns.
47) " Developer' s Newell Drive Obligations" shall have that meaning set forth in Section 2.07 ofthis Development Agreement. 48) " Development Agreement" shall mean this Development Agreement, as set forth in the Preamble ofthis Development Agreement. 49) " Development Agreement Statute" shall have that meaning set forth in Recital paragraph B ofthis Development Agreement. 50) " Developer' s At-Grade Rio Del Mar Segment 1 Costs" shall have that meaning set forth in Section 2.07 ofthis Development Agreement. 51) " Developer' s At-Grade Rio Del Mar Segment 2 Costs" shall have that meaning set forth in Section 2.07 ofthis Development Agreement. 52) " Effective Date" shall have that meaning set forth in the Preamble and Recital paragraph I ofthis Development Agreement.
53) " Engineer' s Report" shall have that meaning set forth m Section 2.08 ofthis Development Agreement.
54) " Equivalent Total Funds" shall have that meaning set forth in Section 2.08 ofthis Development Agreement.
55) " Estoppel Certificate" shall have that meaning set forth m Section 4.05 ofthis Development Agreement.
56) " Existing Approvals" shall have that meaning set forth in Recital paragraph F ofthis Development Agreement.
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57) " Existing City Laws" shall have that meaning set forth in Recital paragraph G of this Development Agreement and Section 2.0l(a)( 4) of this Development Agreement.
58) " Finance Mechanism( s)" shall mean and include " Project Finance Mechanism(s)", and both shall have that meaning set forth throughout this Development Agreement, including without limitation, Sections 2.04, and 2.08 ofthis Development Agreement. 59) " Force Majeure Event" shall have that meaning set forth in Section 4.03(a) ofthis Development Agreement.
60) " Funding Sources" shall have that meamng set forth m Section 2.08 ofthis Development Agreement.
61) " General Plan" means the General Plan of the City of American Canyon, as amended by the General Plan Amendment, including text and maps. 62) " General Plan Amendment" shall have that meaning set forth in Recital paragraph C of this Development Agreement.
63) " Good Faith and Fair and Expeditious Dealing" shall have that meaning set forth in Section 2.04 ofthis Development Agreement. 64) " Grade-Separated Rio Del Mar" shall mean the collective total of Grade-Separated Rio Del Mar Segment A," " Grade-Separated Rio Del Mar Segment B," Grade- Separated Rio Del Mar Segment C," " Grade- Separated Rio Del Mar Segment D, Grade- Separated Rio Del Mar Segment E," and the " Grade- Separated Rio Del Mar Railroad Crossing Segment, as set forth in Section 2.07 ofthis Development Agreement 65) " Grade- Separated Rio Del Mar Segment A" shall have that meaning set forth in Section 2.07 ofthis Development Agreement. 66) " Grade- Separated Rio Del Mar Segment B" shall have that meaning set forth in Section 2.07 ofthis Development Agreement. 67) " Grade- Separated Rio Del Mar Segment C" shall have that meaning set forth in Section 2.07 ofthis Development Agreement. 68) " Grade-Separated Rio Del Mar Segment D" shall have that meaning set forth in Section 2.07 ofthis Development Agreement. 69) " Grade-Separated Rio Del Mar Segment E" shall have that meaning set forth in Section 2.07 ofthis Development Agreement. 70) " Grade-Separated Railroad Crossing Segment" shall have that meaning set forth in Section 2.07 ofthis Development Agreement. 9 504
71) " Hotel" shall mean that Hotel that is included in the area known as the " Napa Valley Ruins & Gardens," as set forth in Section 2.07 of this Development Agreement, and as further defined and set forth in the Watson Ranch Specific Plan. 72) " Improvement Area" shall have that meaning set forth m Section 2.08 ofthis Development Agreement.
73) " Inspection Fees" shall have that meaning set forth in Sections 2.01 and 2.07 ofthis Development Agreement.
74) " Large Lot Vesting Tentative Map" shall have that meaning set forth in Recital paragraph F ofthis Development Agreement. 75) " Legal Effect" shall mean that the ordinance, resolution, permit, license or other grant of approval in question ( collectively, " permit") has been adopted by City and become effective under law, and that the permit has not been overturned or otherwise rendered without legal and/or equitable force and effect by a court of competent jurisdiction. 76) " Loop Road Improvements" shall have that meaning set forth in Section 2.07 ofthis Development Agreement.
77) " Loop Road Segment 1" shall have that meaning set forth in Section 2.07 ofthis Development Agreement.
78) " Loop Road Segment 2" shall have that meaning set forth in Section 2.07 ofthis Development Agreement.
79) " Loop Road Segment 3" shall have that meaning set forth in Section 2.07 ofthis Development Agreement.
80) " Lot 14" shall have that meaning set forth in Section 2.06 of this Development Agreement.
81) " Lot 15" shall have that meaning set forth in Section 2.06 of this Development Agreement.
82) " Master Backbone Infrastructure" or " MBI" shall have that meaning set forth in Section 2.07 ofthis Development Agreement. 83) " Master Conditions List" shall have that meaning set forth in Section 2.09 ofthis Development Agreement.
84) " Master Subdivision Improvement Agreement" and/or " Master SIA" shall have that meaning set forth in Section 2.09 ofthis Development Agreement. 85) " Measure T Funding Equivalent Set-Aside" shall have that meaning set forth in Section 2.07 ofthis Development Agreement. 505
86) " Meet and Confer Period" shall have that meaning set forth in Section 2.03 ofthis Development Agreement.
87) " Mello-Roos Community Facilities District" or " CFD" shall have that meaning set forth in Section 2.08 ofthis Development Agreement. 88) " Municipal Code" shall mean the City of American Canyon Municipal Code.
89) " Napa Valley Ruins & Gardens" ( also " NRVG") shall have that meaning set forth in Section 2.07 of this Development Agreement, and as further defined and set forth in the Watson Ranch Specific Plan (see, for example, Figure 3.3 ofthe Specific Plan) .. 90) " Napa Valley Vine Trail" shall have that meaning set forth in Section 2.07 ofthis Development Agreement.
91) " Newell Drive Segment 1" shall have that meaning set forth in Section 2.07 ofthis Development Agreement.
92) " Newell Drive Segment 2" shall have that meaning set forth in Section 2.07 ofthis Development Agreement.
93) " Newell Drive Segment 3" shall have that meaning set forth in Section 2.07 ofthis Development Agreement.
94) " Newell Drive Segment 4" shall have that meaning set forth in Section 2.07 ofthis Development Agreement.
95) " Newell Drive Segment 5" shall have that meaning set forth in Section 2.07 ofthis Development Agreement.
96) " Newell Parcel Map" shall have that meaning set forth in Recital paragraph C ofthis Development Agreement
97) " Newell Property" shall have that meaning set forth in Recital paragraph C ofthis Development Agreement.
98) " New City Law(s)" shall have that meaning set forth in Section 2.03 ofthis Development Agreement.
99) " Notice of Intended Imposition of New Law(s)" shall have that meaning set forth in Section 2.03 ofthis Development Agreement. 100) " Objection to New City Law( s)" shall have that meaning set forth in Section 2.03 of this Development Agreement.
101) " Operating Memoranda" shall have that meaning set forth in Section 3.03 ofthis Development Agreement.
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102) " Park A" shall have that meaning set forth in Section 2.07 of this Development Agreement.
103) " Park B" shall have that meaning set forth in Section 2.07 of this Development Agreement.
104) " Party" and " Parties" shall have that meaning set forth in the Preamble of this Development Agreement, and, subject to Article 4 of this Development Agreement, shall include its successors and assigns.
105) " Phase" shall have that meaning set forth in Section 2.09 of this Development Agreement.
106) " Phase SIA" shall have that meaning set forth in Section 2.09 of this Development Agreement.
107) " Planning Commission" shall mean the Planning Commission for the City, as set forth in Recital paragraph H ofthis Development Agreement. 108) " Portion" shall have that meaning set forth in Article 4 of this Development Agreement.
109) " Principal Payment Date" shall have that meaning set forth in Section 2.08 ofthis Development Agreement.
110) " Processing Agreement" shall have that meaning set forth in Sections 2.04 ofthis Development Agreement.
111) " Processing Fee(s)" shall have that meaning generally set forth in Sections 2.01, 2.04, and 2.07 ofthis Development Agreement, and whether or not mentioned, shall be subject to the specifics set forth in Section 2.07 ofthis Development Agreement. 112) " Project" shall have that meaning set forth in Recital paragraph E ofthis Development Agreement.
113) " Project Approvals" shall have that meaning set forth in Recital paragraph G and Section 2.01 of this Development Agreement. The term Project Approvals appears throughout this Development Agreement.
114) " Project CEQA Compliance" shall have that meaning set forth in Section 2.04 ofthis Development Agreement.
115) " Project Debt" shall have that meaning set forth in Section 2.08 of this Development Agreement.
116) " Project EIR" shall have that meaning set forth in Recital paragraph D ofthis Development Agreement.
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117) " Project Finance Mechanism( s)" shall mean and include Finance Mechanism( s )," and both shall have that meaning set forth throughout this Development Agreement, including without limitation, Sections 2.04, and 2.08 of this Development Agreement.
118) " Project Finance Mechanism( s) Funding Sources" or " Funding Sources" shall have that meaning set forth in Section 2.08 ofthis Development Agreement. 119) " Property" shall have that meaning set forth in Recital paragraph C ofthis Development Agreement.
120) " Public Improvements" shall have that meaning set forth m Section 2.08 ofthis Development Agreement.
121) " PUC" shall have that meaning set forth in Section 2.07 of this Development Agreement.
122) " Quarry Lake Park" shall have that meaning set forth m Section 2.07 ofthis Development Agreement.
123) " Rate and Method of Apportionment of Special Taxes" or RMA" shall have that meaning set forth in Section 2.08 ofthis Development Agreement. 124) " Relevant Parties" shall have that meaning set forth m Section 2.04 of this Development Agreement.
125) " Remainder Taxes" shall have that meaning set forth m Section 2.08 ofthis Development Agreement.
126) " Remainder Taxes Project Account" shall have that meaning set forth in Section 2.08 ofthis Development Agreement.
127) " Repayment Period" shall have that meaning set forth m Section 2.08 ofthis Development Agreement.
128) " Required New City Law(s)" shall have that meaning set forth in Section 2.03(e) of this Development Agreement.
129) " Residential Owner Unit" shall have that meaning set forth in Section 1.02 ofthis Development Agreement.
130) " Resolution Process" shall have that meaning set forth in Section
2.03 ofthis Development Agreement.
131) " RMA" shall have that meaning set forth in Section 2.08 of this Development Agreement.
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132) " Rolling Hills Drive Improvements" shall have that meaning set forth in Section 2.07 ofthis Development Agreement.
133) " Second Notice" shall have that meaning set forth in Section 4.05 ofthis Development Agreement.
134) " Services CFD Amount" shall have that meaning set forth in Section 2.08 ofthis Development Agreement.
135) " Special Tax Requirement for Services" shall have that meaning set forth in Section 2.08 ofthis Development Agreement. 136) " South Napa Junction" shall have that meaning set forth m Section 2.07 ofthis Development Agreement.
137) " South Napa Junction Railroad Crossing Segment" shall have that meaning set forth in Section 2.07 ofthis Development Agreement. 138) " South Napa Junction Segment 1" shall have that meaning set forth in Section 2.07 ofthis Development Agreement.
139) " South Napa Junction Segment 2" shall have that meaning set forth in Section 2.07 ofthis Development Agreement.
140) " South Napa Junction Segment 3" shall have that meaning set forth in Section 2.07 ofthis Development Agreement.
141) " South Napa Junction Segment 4" shall have that meaning set forth in Section 2.07 ofthis Development Agreement.
142) " South Napa Junction Segment 5" shall have that meaning set forth in Section 2.07 ofthis Development Agreement.
143) " Special Tax Rate" shall have that meaning set forth m Section 2.08 ofthis Development Agreement.
144) " Specific Plan" shall mean the Watson Ranch Specific Plan, as further set forth in Recital paragraph C ofthis Development Agreement. 145) " SR 29/ Rio Del Mar Tie- In" shall have that meaning set forth in Section 2.07 ofthis Development Agreement.
146) " SR 29/ South Napa Junction Tie- In" shall have that meaning set forth in Section 2.07 ofthis Development Agreement.
147) " Subdivision Document" shall have that meaning set forth in Section 1.02 ofthis Development Agreement.
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148) " Subdivision Map Act" means that legislation set forth m California Government Code Sections 66410 et seq., as amended. 149) " Subsequent Approvals" ( each referred to individually as a Subsequent Approval") shall have that meaning set forth in Recital paragraph G and Section
2.01 of this Development Agreement, and shall likewise mean those permits, entitlements, approvals, or other grants of authority ( and all text, terms and conditions of approval related thereto), that may be necessary or desirable for the development ofthe Project, that are sought by Developer, that are granted by City on or after the Effective Date ofthis Development Agreement, and that comply with Section 2.0l(a)( 3) ofthis Development Agreement. Subsequent Approvals include without limitation new permits, entitlements, approvals, or other grants of authority ( and all text, terms and conditions of approval related thereto), as well as amendments to Existing Approvals.
150) " Tender" shall have that meaning set forth in Section 4.04 of this Development Agreement.
151) " Term" shall have that meaning set forth in Section 1.02 of this Development Agreement.
152) " Third Party Challenge" shall have that meaning set forth in Sections 1.02 and 4.04 ofthis Development Agreement.
153) " User Fees" shall have that meaning set forth in Section 2.01 ofthis Development Agreement.
154) " Vesting Map" shall have that meaning set forth in Section 1.03 of this Development Agreement.
155) " Watson Ranch Specific Plan" shall have that meaning set forth in Recital paragraph C ofthis Development Agreement.
156) " Zero Water Footprint Agreement" shall have that meaning set forth in Sections 2.07 and 2.09 ofthis Development Agreement. 157) " Zoning" shall have that meaning set forth in Recital paragraph C ofthis Development Agreement.
b) To the extent that any defined terms contained in this Development Agreement are not defined above, then such terms shall have the meaning otherwise ascribed to them in this Development Agreement and/or Existing City Laws. In the event ofa conflict between the meaning given to such terms by this Development Agreement and the meaning given to such terms by Existing City Laws, the meaning given to such terms by this Development Agreement shall control over such other meaning otherwise ascribed to them by Existing City Laws. 15 510
1.02 Term.
a) This Development Agreement shall become effective on the Effective Date the effective date of the Approving Ordinance), which for the purposes of this Development Agreement is July 18, 2019, as set forth in this Development Agreement. b) Term ofthis Development Agreement and Related Issues. 1) The " Term" of this Development Agreement shall generally be thirty ( 30) years and one ( 1) day, and more specifically, the Term shall commence upon August 18, 2019 ( the Effective Date) and shall continue until, and then terminate upon, 12: 01 a.m., Friday, August 20, 2049, unless this Development Agreement is otherwise terminated, modified, or extended as to all or any portion of the Project ( and Property) as provided in this Development Agreement.
2) Following the expiration of the Term of this Development Agreement or any extension thereof, or if sooner terminated, this Development Agreement shall have no force and effect; provided, however, that in no event shall the expiration or termination of this Development Agreement affect or limit, without further action of City, any right then held by Developer under any Project Approvals.
3) While this Development Agreement shall remain in place and controlling for the Term for the remainder of the Project ( and Property), unless otherwise terminated under the controlling terms and conditions of this Development, this Development Agreement shall terminate and be null and void as relates to each individual residential unit ( and each such new owner of such residential unit) for which, and at such time as, all of the following qualifying events occur. Such residential unit(s) for which such qualifying events occur is referred to as a " Residential Owner Unit" in this Development Agreement.
A) The qualifying events that create a " Residential Owner Unit" are:
i) City has issued the last permit necessary for such
residential unit to be sold to the new owner and for the new residential owner to take ownership possession ofthe residential unit;
ii) The new residential unit owner is someone other than the Developer ( and other than Developer' s Assignees under this Development Agreement); and
iii) The new residential unit owner becomes the actual
residential unit owner and has in fact taken possession ofthe individual residential unit as an owner.
B) Therefore, upon a Residential Owner Unit occurring, such Residential Owner Unit shall not have the protections of this Development Agreement and the vested right to the Applicable Law it provides, with the following exception:
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i) A new residential parcel tax, or other New City law, shall apply to such Residential Owner Unit ifand only if such new residential parcel tax and/ or New City Law applies on a City- wide basis to all then- existing residential parcels; and/ or
ii) Such new residential parcel tax and/ or New City Law does not impair or impede or prohibit any existing or future Project Finance Mechanisms( s) under this Development Agreement regarding such Residential Owner Unit( s).
c) If any " Third Party Challenge" ( as defined and described in Section 4. 04 of this Development Agreement) proceeding affecting this Development Agreement, the Property, the Project, or any Project Approvals, is filed, then the Term of this Development Agreement shall be extended automatically ( without any further action of the Parties required) for that period of time commencing from the date of the filing of such Third Party Challenge until the date of the later of the dismissal, resolution, settlement, and/ or entry of a final judgment ( including all appeals) regarding such Third Party Challenge. However, the filing of any Third Party Challenge( s) against City and/ or Developer shall not allow or justify City delaying or stopping the processing of, and/ or issuance of, any Project Approvals, unless City is expressly enjoined or otherwise expressly ordered by a court of competent jurisdiction to delay or stop the processing of, and/ or issuance of, any Project Approvals. Additionally, no Party shall stipulate to the issuance of any such court order unless all Relevant Parties ( City and Developer and/ or that successor to Developer whose portion of the Project is at issue) mutually agree to such stipulation. d) Any subdivision improvement agreement entered into by and between Developer and City pursuant to the Subdivision Map Act or other State or local regulation shall have a term of no shorter than two ( 2) years from execution of such subdivision improvement agreement and shall allow for extensions.
e) Except as provided in Section 2.07 of this Development Agreement requiring the recordation of the final map relating to the Large Lot Vesting Tentative Map within 90 days of the Effective Date of this Development Agreement, pursuant to the controlling provisions of the " Subdivision Map Act" and this Development Agreement, in addition to any and all other extensions available under the Subdivision Map Act, the term of any tentative map, vesting tentative map, tentative parcel map, vesting tentative parcel map, final map or vesting final maps, or any new such map or any amendment to any such map, or any re- subdivision ( collectively referred to in this Development Agreement as a " Subdivision Document") relating to the Project shall automatically be extended to and until the later of the following:
1) The Term of this Development Agreement; and/ or
2) The end of the term or life that any such Subdivision Document is otherwise given pursuant to the Subdivision Map Act or local regulation not in conflict with the Subdivision Map Act.
f) Generally, the term of any non- Subdivision Map Act approval is nonetheless tied to the life of the Subdivision Map Act approvals by controlling law. Therefore, 17 512
under this Development Agreement, the term or life of any and all Project Approvals, including without limitation, all development plans, development permits, architectural design, or other permits, grants, agreements, approvals or entitlements for the general development of all or any part of the Project and Property ( collectively, " Permit" or " Permits") shall automatically be extended to and until the later of the following:
1) The Term ofthis Development Agreement; and/or,
2) The end of the term or life that any Subdivision Document is given pursuant to the Subdivision Map Act or local regulation not in conflict with the Subdivision Map Act ( as set forth in subdivision ( e) of this Section); and/ or 3) The term or life given the Permit itself.
1.03 Controlling Nature of this Development Agreement.
a) During the Term of this Development Agreement, or while this Development Agreement is otherwise in legal effect as relates to any portion of the Project Property), all of the following shall apply:
1) This Development Agreement shall provide and shall control over any and all other claims of vested rights of the Project ( and Property) by either Party. For example, if a conflict is presented between the vested rights provided under this Development Agreement and the vested rights provided under some other Project Approval ( such · as a vesting tentative map), the vested rights provided by this Development Agreement shall prevail and control over any and all other vested rights the Project (Property) and/or Party or Parties might otherwise hold or claim.
2) The vested rights provided by this Development Agreement shall terminate as provided by this Development Agreement. However, ifthis Development Agreement terminates for any reason prior to an assertion regarding the expiration of vested rights otherwise given under the Subdivision Map Act to any vesting tentative map, vesting parcel map, vesting final map or any other type of vesting map on the Property ( or any portion of the Property) collectively, " Vesting Map"), such termination of this Development Agreement shall invoke Section l .03( b) below.
b) Consistent with the forgoing, when this Development Agreement terminates or otherwise loses its legal effect as relates to any portion of the Project ( Property) subject to a Vesting Map, such Vesting Map shall give Developer the right to proceed with development under such City laws in effect on such date that this Development Agreement terminates or is otherwise of no legal effect on that portion of the Project ( Property) that is subject to such Vesting Map, and such vested rights shall last for the life (term) given to such Vesting Map pursuant to the then- applicable Subdivision Map Act.
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2.01 Applicable Law.
ARTICLE2
APPLICABLE LAW
a) As used in this Development Agreement, " Applicable Law" shall exclusively mean all ofthe following:
1) The terms and conditions ofthis Development Agreement. 2) The Existing Approvals, including without limitation, the Project EIR, the General Plan Amendment, the Watson Ranch Specific Plan (and included Zoning), and the Large Lot Vesting Tentative Map.
3) The Subsequent Approvals, when granted, provided such Subsequent Approvals are:
A) Processed pursuant to controlling law;
B) Mutually agreed to by City and Developer for whose
Property ( or portion thereof) the Subsequent Approval is sought; C) Adopted by the City; and
D) Take Legal Effect.
4) " Existing City Laws," which, for the purposes ofthis Development Agreement, shall mean and include the City rules, regulations, ordinances, policies, standards, specifications, minute orders, motions, agreements, practices and standard operating procedures, taxes, and Impact Fees of City (whether adopted by the City Council, the Planning Commission, the City staff, consultants or the voters ofthe City), including without limitation, those set forth in the City's General Plan, existing certified EIRs, the American Canyon Municipal Code (including Standard Plans, Standard Specifications, Design Standards, and relevant Public Facility Master Plans), all ofwhich are existing and in effect on December 31, 2017, and all other City laws that relate to or specify the permitted uses ofland or improvements, the cost oftaxes and Impact Fees, and the density or intensity of use that are existing and in effect on December 31, 201 7 collectively, " Existing City Laws"). Any City law after December 31, 2017 shall be considered a " New City Law." However, notwithstanding the foregoing, the Applicable Law shall include a New City Law that adopts a new transient occupancy tax, provided that such new transient occupancy tax applies on a City-wide basis to both all then-existing hotels and all future hotels within the City. Such new transient occupancy tax generated from the Project shall be subject to the Section 2.08(b) (" City Contribution") requirements of this Development Agreement.
Further, notwithstanding the foregoing, the Applicable Law shall also include any new City Law that adopts a new sales tax increase adopted by City, provided that such new sales tax increase applies on a City-wide basis to all then-existing and all future retail sales within the City. Such new sales tax generated from the Project shall be subject to the Section 2.08(b) (" City Contribution") requirements ofthis Development Agreement. Otherwise, except as provided in 19 514
this Development Agreement, no New City Law shall apply to the Project during the Term of this Development Agreement.
5) The City processing fee( s) and the City' s " User Fees" ( an example of User Fees is set forth in City' s 2018- 2019 Table Bl for User Fees) relating to the processing, review, and approval of applications for Project Approvals shall collectively be considered Processing Fees" for the purposes of this Development Agreement), and are addressed in Section
2.07 of this Development Agreement. In addition to Processing Fees, Developer shall pay to City Inspection Fees," as more specifically addressed in Section 2.07 of this Development Agreement. " City Impact Fees" shall not be considered " Processing Fees" or " Inspection Fees" for the purposes of this Development Agreement.
6) The California Building Code ( as may be modified by City), and all other State- adopted construction, fire and other codes, including " Green Codes" ( as all may be modified by City) applicable to improvements, structures and development, and the applicable version or revision of said codes by local City action ( collectively referred to as " Construction Codes") in place at that time ( date) that building plans subject to such Construction Codes are submitted by Developer to City for a Subsequent Approval, provided that such Construction Codes have been adopted by City and are in effect on a Citywide basis. 7) The " Required New City Law( s)," as set forth in and controlled by Section 2.03( e) of this Development Agreement.
8) The " New City Law( s)" that Developer elects to be subject to pursuant to Section 2.03( a) of this Development Agreement. As also provided below, once Developer elects to be subject to such a New City Law (" Chosen Law"), such Chosen Law shall become part of the Applicable Law, and Developer shall not be able to later decide otherwise, although Developer shall be able to elect to be subject to a New City Law that changes the earlier Chosen Law that Developer elected to be subject to.
b) In the event of any conflict between any of subparts ( 1), ( 2), ( 3), ( 4), ( 5), 6), ( 7), and ( 8) of subdivision ( a) of this Section 2.01 ( above), the hierarchical order of authority shall be subpart ( 1) first, then subpart ( 2), then subpart ( 3), then subpart ( 4), then subpart ( 5), then subpart ( 6), then subpart ( 7), and then subpart ( 8).
2.02 Vested Right to Applicable Law.
a) During the Term of this Development Agreement, Developer shall have the vested right to develop the Project and Property subject only to, and in accordance only with, the Applicable Law.
b) During the Term of this Development Agreement, City' s regulation of the Project ( Property) and its development, including without limitation, any discretion exercised by City on any and all Project Approval( s), shall occur pursuant to, and in accordance with, only the Applicable Law.
c) Under this Development Agreement, the Applicable Law shall be an expanding body oflaw, such as, for example, when Subsequent Approvals are granted by City ( in 20 515
the future), and/or when Developer determines, in Developer's sole and exclusive discretion, to become subject to a New City Law pursuant to this Development Agreement.
2.03 New City Law( s).
a) Any City ordinance, resolution, minute order, rule, motion, policy, standard, specification, condition ofapproval, agreements, practices and standard operating procedures, taxes, and/or Impact Fees of City ( whether adopted by the City Council, the Planning Commission, the City staff, consultants, or the voters/ electorate of the City), including without limitation, those set forth in the City's General Plan, existing certified EIRs, the American Canyon Municipal Code including Standard Plans, Standard Specifications, Design Standards, and relevant Public Facility Master Plans), all of which are existing and in effect after December 31, 2017, and all other City laws that relate to or specify the permitted uses ofland or improvements, and the density or intensity ofuse that is not part ofthe Applicable Law and that takes Legal Effect after December 31, 2017, is hereby referred to in this Development Agreement as a " New City Law( s)." A New City Law shall generally be deemed to be in conflict with this Development Agreement ifit is not expressly made part of the Applicable Law by this Development Agreement. Additionally, a New City Law shall be deemed to be in conflict with this Development Agreement ( and the Applicable Law it describes) if the application of the New City Law to the Project would accomplish any of the below-listed results, either by specific reference to the Project ( or Property) or as part of a general enactment which affects or applies to the Project ( or Property). The following list is intended as an example list, is inclusive (not exclusive), and is not limited to allow non-listed New City Laws that are deemed to be in conflict with this Development Agreement and the Applicable Law it describes or to allow non-listed New City Laws that impair and/or reduce the development rights provided by this Development Agreement:
1) New City Laws that change any land use designation or permitted use of the Project ( Property) allowed by the Applicable Law or limit or reduce the density or intensity ofthe Project ( or Property) or any part thereof, or otherwise require any reduction in the total number of residential dwelling units or non-residential building units, uses, square footage, floor area ratio, size, height or number of buildings, or other improvements otherwise allowed by the Applicable Law.
2) New City Laws that limit, control, or otherwise regulate the availability ofpublic or private utilities, services, or facilities otherwise allowed by the Applicable Law, including without limitation, water, wastewater, storm water, gas, electricity, telecommunications, roadways, access points, schools, parks, trails, and/or other public and private improvements ofthe Project.
3) New City Laws that limit, control, or otherwise regulate the rate, timing, phasing or sequencing ofthe approval, development, or construction of all or any part of the Project (or Property) in any manner, or take any action or refrain from taking any action that results in Developer having to substantially delay construction of the Project on the Property or require the acquisition ofadditional permits or approvals by the City or other public agency other than those required by the Applicable Law.
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4) New City Laws that limit or control the location of buildings, structures, grading, access, roadways, schools, parks, trails, and/or other public and private improvements of the Project in a manner that is inconsistent with or more restrictive than the limitations in the Applicable Law (including Project Approvals). 5) New City Laws that limit the processing and/or timing of Project Approvals.
6) New City Laws that impose any hourly wage, salary, work pay or other worker-compensation- related regulation or policy on the Project not agreed to by Developer. 7) New City Laws that impose any rent control.
8) Except as allowed by this Development Agreement, New City Laws that impose any City law, ordinance, fee, tax, regulation not in force and effect on December 31, 2017, except those required by state and/or federal law and/or by state and/or federal courts. b) The following " Resolution Process" shall apply regarding New City Laws the City is considering applying to the Project (Property) and shall also apply to all other sections of this Development Agreement. When this Section ( with its Resolution Process) is applied to other section(s) ofthis Development Agreement, then this section and its requirements shall be interpreted and implemented to reflect the topic addressed by such other section( s) of this Development Agreement ( when invoking the Resolution Process set forth in this Section 2.03(b) of this Development Agreement). For example, ifDeveloper objects pursuant to Section 2.04(h), including without limitation, to a Consultant invoice, the manner in which City and/or a Consultant are performing, and/or any other reason pursuant to Section 2.04(h) of this Development Agreement, then the Resolution Process may be started by either Party: by City sending written notice to Developer ofCity's position through the below-described " Notice of Intended Imposition of New Law( s)" and the process that follows, and/ or by Developer through the below- described Objection to New City Law( s)" and the process that follows, etc. In this way, the Parties shall first seek resolution under the Resolution Process set forth in this Development Agreement before commencing litigation. Except as set forth in subdivision ( b)( 4) below, each Party shall bear its own fees and costs incurred in, and as a result of, the Resolution Process. 1) As stated, City shall not apply any New City Law(s) to the Property that is in conflict with this Development Agreement ( collectively, " in conflict with" or inconsistent with").
2) If City believes that it has the right under this Development Agreement to impose/apply any New City Law on the Project, it shall send written notice to Developer ofthat City position (" Notice oflntended Imposition of New Law(s)"). Such Notice of Intended Imposition ofNew City Law(s) shall contain the following sentence at the beginning of its text: " This is a Notice of Intended Imposition of New City Law(s) provided pursuant to Section 2.03 ofthe AC-1 Development Agreement. The New City Law that City intends to impose on the Watson Ranch Project is described below." City shall then describe such New City Law that City intends to impose on the Project in such Notice of Intended Imposition of New Law( s).
Within thirty ( 30) days of Developer receipt of such Notice of Intended Imposition of New City 22 517
Law(s), if Developer believes that such referenced New City Law in such Notice of Intended Imposition ofNew City Law(s) is in conflict with this Development Agreement and/or the rights Developer otherwise holds, then Developer shall send to City a written notice of Developer' s objection to such City-intended imposition on the Project of such New City Law (" Objection to New City Law( s)"). Such Developer Objection to New City Law(s) shall set forth the factual and legal reasons why Developer believes City cannot apply such New City Law(s) to the Project.
Within thirty (30) days of receipt of said Developer Objection to New City Law(s), City shall respond to Developer' s Objection to New City Law(s) (" City Response"). Such City Response to Developer' s Objection to New City Law(s) shall set forth the factual and legal reasons why City believes City can apply the New City Law(s) to the Project. As soon after Developer' s receipt of the City Response as possible, the Parties shall meet and confer and continue to meet and confer over the thirty (30) day period following the date of Developer' s receipt of the City Response Meet and Confer Period"), with the objective ofarriving at a mutually acceptable resolution to the disagreement. Within twenty ( 20) days of the conclusion of the 30-day Meet and Confer Period, City shall make and send to Developer its written determination regarding the imposition of such New City Law on the Project ( or its City Determination regarding any other topic of disagreement under this Development Agreement) ( collectively, " City Determination"). The Parties can extend any ofthe time frames set forth above by mutual agreement. 3) By this Development Agreement, such New City Law(s) shall not be imposed on/applied to the Project, or considered imposed on/applied to the Project, during any ofthe time periods described above. Ifthe City Determination is to impose on/apply to the Project the New City Law(s) in question, then Developer shall have a period ofninety (90) days from the date of receipt of such City Determination within which to file and serve on City its legal action challenging such City action. In other words, a New City Law shall not be considered ripened into being imposed on and/or applied to the Project for the purposes of Developer's obligation to timely-file a lawsuit against City until such time as Developer's receipt ofthe City Determination.
Upon such Developer receipt of such City Determination, a 90-day statute oflimitations regarding Developer' s right to judicial review of the New City Law(s) and the City Determination shall commence. Developer shall file such lawsuit and serve it on City within such 90-day statute of limitations. City's failure to send such Notice of Intended Imposition of New Law, and/or its failure to follow any and all of the other procedural steps required by this Section shall result in City' s inability to impose the New City Law described in the City' s Notice oflntended Imposition ofNew Law on the Project. Developer' s failure to respond to such Notice ofIntended Imposition of New Law, and/or failure to follow any and all of the other procedural steps required by this Section, including without limitation filing litigation within the time period prescribed by this Section 2.03 of this Development Agreement, shall result in the Project being subject to the New City Law described in the City' s Notice of Intended Imposition of New Law. Failures by both City and Developer to follow any _and all of the other procedural steps required by this Section shall result in City' s inability to impose the New City Law described in the City's Notice of Intended Imposition ofNew Law on the Project.
4) Ifupon conclusion ofjudicial review of such Developer- challenged City Determination ( at the highest judicial level sought and granted), the reviewing court determines that Developer is not subject to the New City Law(s) that is the topic of the City Determination, such New City Law(s) shall not become part ofthe Applicable Law, and City shall return Developer to the position Developer was in prior to City's application of such New City 23 518
Law(s) ( e.g., City shall return in full fees paid, return dedications made, etc.). Additionally, City shall pay (to Developer) Developer' s actual attorneys' fees, other legal fees, and any and all other fees and costs incurred by Developer regarding such judicial review. If, instead, upon conclusion of judicial review of such Developer- challenged City Determination of such New City Law( s) in question ( at the highest judicial level sought and granted), the reviewing court determines that Developer is subject to the New City Law(s), then Developer shall be subject to such New City Law(s), such New City Law(s) shall become part ofthe Applicable Law, and City shall not have to return Developer to the position Developer was in prior to City' s application of such New City Law( s). Additionally, Developer shall pay ( to City) City' s actual legal fees and costs incurred regarding such judicial review.
c) The above- described procedure shall not be construed to interfere with City' s right to adopt or apply any New City Law( s) with regard to all other areas of City that exclude the Property, Project, Project Approvals, etc.
d) Developer, in its sole and absolute discretion, may elect to be subject to a New City Law(s) that is/are not otherwise a part ofthe Applicable Law. In the event Developer so elects, Developer shall provide notice to City of that election and thereafter such New City Law( s) that Developer has elected to be subject shall be part of the Applicable Law. As set forth in Section
2. 0l( a)( 8) above, once Developer elects to be subject to such a New City Law (" Chosen Law"), such Chosen Law shall become part of the Applicable Law, and Developer shall not be able to later decide otherwise, although Developer shall be able, in Developer' s sole and exclusive discretion, to elect to be subject to a New City Law that changes the earlier Chosen Law that Developer elected to be subject to.
e) City, exercising Good Faith and Fair and Expeditious Dealing ( see, Section
2.04 ofthis Development Agreement), shall not be precluded from applying to the Project any New City Law(s) that City is specifically required to apply to developments such as the Project ( and Property), despite the existence of the Project' s ( Property' s) vested rights, by changes in State or Federal laws or regulations or caselaw and implemented through the Federal, State, regional and/ or local level) (" Required New City Law( s)." If City determines that a Required New City Law( s) must be applied to the Project ( Property), then the Resolution Process set forth in subdivision ( b) above shall apply, with one exception: Developer shall pay ( to City) City' s actual legal fees and costs incurred regarding Resolution Process regardless of the outcome of the Resolution Process. In addition, in the event such Required New City Law(s) is determined to apply and to prevent or preclude compliance with one or more provisions of this Development Agreement or require changes in Project Approvals, this Development Agreement shall be modified, extended, or suspended as may be necessary to comply with such Required New City Law( s). To the extent that any such Required New City Law( s) ( or actions of regional and local agencies, including City, required by such Required New City Law( s) or actions of City taken in good faith in order to prevent adverse impacts upon City because of such Required New City Law( s)) have the effect ofpreventing, delaying or modifying Developer' s ability to use or develop the Project or any portion thereof, in a material fashion, then Developer shall have the option to terminate ( unilaterally) this Development Agreement.
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2.04 Good Faith and Fair and Expeditious Dealing; Processing. a) Except where this Development Agreement provides a Party with " sole and exclusive discretion," each, every and all actions of the Parties ( and each Party) necessary, required, permitted, desired and/ or addressed by the Project Approvals and/ or this Development Agreement including without limitation, all mandatory, permissive, and other action( s) addressed by this Section 2. 04 - e.g., submitting, accepting, processing, reviewing and acting upon all applications for Subsequent Approvals, and Section 2.08), shall involve the requirement of "Good Faith and Fair and Expeditious Dealing." For the purposes of this Development Agreement, " Good Faith and Fair and Expeditious Dealing" shall mean that the Parties shall act toward each other, and shall execute the tasks necessary, permissive, and/ or desirous to the issue contemplated by this Development Agreement pursuant to the Applicable Law, and in a fair, diligent, best efforts, expeditious and reasonable manner, and that no Party or Parties shall take any action- or fail to take any action - that directly or indirectly results in the prohibition, impairment or impediment of any other Party' s or Parties' exercise or enjoyment of its rights and obligations secured through this Development Agreement. Again, whether or not expressly stated in any particular portion of this Development Agreement, except where this Development Agreement provides a Party with " sole and exclusive discretion," each, every and all actions of the Parties and each Party required, permitted, desired and/ or addressed by this Development Agreement shall involve the requirement of Good Faith and Fair and Expeditious Dealing. The Parties acknowledge that when City' s support of new proposed legislation that ultimately becomes a " New City Law," and that such New City Law is already allowed as part of the Applicable Law by this Development Agreement ( i.e., certain new TOT and sales tax laws), such City support shall not be considered to be acts contrary to this Development Agreement' s requirement of Good Faith and Fair and Expeditious Dealing. Likewise, the Parties acknowledge that City' s support of new proposed legislation that ultimately becomes a New City Law" and such New City Law will not become part of the Applicable Law by this Development Agreement ( i.e., it is a disallowed New City Law by this Development Agreement), that such City support shall not be considered to be acts contrary to this Development Agreement' s requirement of Good Faith and Fair and Expeditious Dealing. However, the Parties reserve their right to object to and act upon subsequent actions as contrary to this Development Agreement' s requirement of Good Faith and Fair and Expeditious Dealing when those subsequent actions seek to support the enactment of proposed new legislation, and such proposed new legislation leads to a new law or laws at a City, County, regional, state and/ or federal level, and such supported new law would apply to the Project.
b) City shall inform Developer, upon request, of all submission requirements for a complete application for each Subsequent Approval. c) City and Developer shall act on requests by Developer for the approval and issuance of the Subsequent Approvals, and shall cooperate to obtain the issuance of Subsequent Approvals, including to:
1) Interpret any New City Laws in a manner which provides for the approval and issuance of Subsequent Approvals.
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2) Require modifications to Subsequent Approvals consistent with this Development Agreement and the Applicable Law whenever reasonably possible, rather than City denying applications for Subsequent Approvals.
3) Not obstruct or oppose Developer' s application for a Subsequent Approval provided such application is consistent with the requirements of this Development Agreement.
d) The City shall provide all necessary public notice( s) and shall hold all necessary public hearings with regard to the Subsequent Approvals required by law. e) If requested by Developer, City shall meet with Developer prior to Developer' s submission of applications for Subsequent Approvals for the purpose of ensuring all requested information by City is understood by Developer so that Developer' s applications, when submitted, will be accurate and complete and accepted as such by City. f) Developer shall provide City with all documents, applications, plans and other information requested by City that is necessary for City to carry out its obligations hereunder and Developer shall cause the Developer' s planners, engineers and all other consultants to submit in a timely manner all required materials and documents therefor. g) Upon submission by Developer of a complete application for a Subsequent Approval, together with appropriate Processing Fees ( see, Section 2.07 of this Development Agreement), City shall process the application for the Subsequent Approval. h) If City is unable to timely process any such application for a Subsequent Approval, or simply upon request by Developer, the " Relevant Parties" shall meet and confer regarding appropriate outside consultants, the Relevant Parties shall agree on such outside consultants, and then City or Developer shall engage such outside consultant( s), other persons, and/or business entities working on the Project ( collectively, " Consultant( s) ") to perform such processing, provided that Section 2.07 of this Development Agreement shall apply. City shall not charge Developer any administrative, directing, supervising and/or overseeing such Consultant(s), and City shall charge Developer no more than the cost to City of the actual time City expends on administering, directing, supervising, and/or overseeing such Consultants, and the invoices from such Consultants; and ifDeveloper directly contracts with the Consultant( s) to perform such work, Developer shall expressly agree to pay all costs related to such Consultant( s) contract( s), and City shall not charge Developer any administrative, directing, supervising and/or overseeing such Consultant( s), and City shall charge Developer no more than the cost to City ofthe actual time City expends on administering, directing, supervising, and/ or overseeing such Consultants, and the invoices from such Consultants.. In the event that a dispute arises regarding any such Consultant(s ), including without limitation, Consultant invoices, costs, performance or any other issue, the Resolution Process provisions of Section 2.03 of this Development Agreement shall apply.
Additionally, for the purposes of this Development Agreement, the phrase " Relevant Parties," as used in the preceding sentence and throughout this Development Agreement, shall mean the City and the relevant owner of that physical portion of the Project ( Property) to which the issue at hand applies. In other words, the consent of only those Parties immediately affected by the issue at hand monetarily or by precedence setting) is required. By way of example only, AC-1, as a Relevant 26 521
Party, could decide to engage Consultants for matters related exclusively to AC- 1, NVRG and/ or the Hotel. In such a situation, AC- 1 would pay all such Consultants costs ( as described above), and any other Relevant Parties ( such as successors to AC- 1 on nonrelevant portions of the Project/ Property) would not be obligated to pay any such costs related to such Consultants working exclusively on such AC- 1 matters. Consistent with the foregoing, if Consultants are engaged for matters not related exclusively to AC- 1, then AC- 1 and such other Relevant Parties would ( shall) pay their proportional share of such costs of such Consultants. Consistent with the foregoing, the Parties may enter, but are not required to enter, a " Processing Agreement." Any such executed and entered Processing Agreement( s) shall be considered a Subsequent Approval and shall become part of this Development Agreement' s " Applicable Law" once each such Processing Agreement takes Legal Effect.
i) As further set forth in Section 2.08 of this Development Agreement, City shall cooperate with Developer to facilitate the construction of the infrastructure required for development of the Project. At the request of Developer, City shall assist with ( and where requested by Developer), approve the formation of one or more community facilities districts, enhanced infrastructure financing districts, assessment districts, landscape and lighting districts, tax- exempt and taxable finance mechanisms, or any and all other available " Project Finance Mechanisms( s)." j) Again, only the Applicable Law shall apply. If City denies an application for a Subsequent Approval, City shall explain in writing to Developer why such City denial was given, and City shall specify in detail ( in such writing) the modifications, changes, or improvements to the materials and information submitted that are required by City in order for Developer to obtain City approval. City and Developer shall cooperate to obtain and issue Subsequent Approvals. City shall seek to approve any subsequently submitted Subsequent Approval which complies with such City-specified modifications.
k) The Parties recognize that the City certified as adequate and complete the Project EIR. The Project EIR was prepared to assess and document the environmental impacts of the General Plan Amendment, Specific Plan, this Development Agreement, the Large Lot Vesting Tentative Map, and other Project Approvals.
1) Subsequent Approvals and other activities undertaken pursuant to the Project Approvals will be examined in the light of the Project EIR to determine whether any additional environmental document must be prepared (" Project CEQA Compliance"). 2) In addition, in connection with any future process resulting in the attainment of Project CEQA Compliance, City shall commence and process any and all initial studies and assessments required by CEQA, and to the extent permitted or required by CEQA, City shall use and adopt EIR( s), supplements and/ or addenda thereto and other existing environmental assessments, declarations, reports and studies as adequately addressing the environmental impacts of the Project and its Subsequent Approvals without requiring new or supplemental environmental documentation.
3) Where legally feasible, City shall not - through the Project CEQA Compliance process or through the Subsequent Approval process - impose any mitigation measures or avoidance measures ( as either legislative rules, adjudicatory decisions and/ or 27 522
conditions of approvals) beyond those required by the existing Project EIR. Where applicable, City shall reject such additional mitigation and/ or avoidance measures as infeasible on the basis, among other things, that Government Code section 65866 and this Development Agreement legally bar the implementation of such additional mitigation measures. City shall streamline the environmental review of Subsequent Approvals under CEQA including, without limitation, relying on the Project CEQA Compliance. City shall adopt a Statement of Overriding Consideration to address any significant impacts that cannot be mitigated because the mitigation measures that would reduce the impacts are inconsistent with the legally- binding Applicable Law.
Once Project CEQA Compliance has been secured, City shall not impose any environmental mitigation measures, or avoidance measures, or both, beyond those referenced in the Project CEQA Compliance.
I) Multiple applications by Developer for Subsequent Approvals may be made by Developer at the same time, and if so, shall be processed concurrently by City, unless otherwise requested by Developer.
m) Notwithstanding any prov1s10n to the contrary, for purposes of interpretation of this Development Agreement and for purposes of determining whether Subsequent Approvals are consistent with this Development Agreement and the Applicable Law it describes including, without limitation, the determination of whether any final subdivision maps substantially comply and conform to any tentative maps), changes to setbacks, size( s), dimensions, configuration, number or placement of lots, or public infrastructure regarding the Project shall be allowed by City without requiring an amendment of or to the Subsequent Approvals and/ or without requiring any additional Subsequent Approvals, provided such changes meet all of the following criteria:
1) Are expressly requested by Developer.
2) Do not increase. the then- existing total square footage of the Project in a substantial amount.
3) Do not vary substantially from the then- existing layout and placement of uses, Master Backbone Infrastructure, and design standards for the Project. 4) Are consistent with the provisions of the then- existing Applicable Law.
5) Do not change the permitted uses of the Property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The foregoing is not intended to, and shall not, limit, impair, impede, or prohibit Developer from seeking and securing any and all density bonus( es) available under controlling state law and/ or federal law, as such controlling law may be amended over time.
2.05 Requirements of Development Agreement Statute.
a) The permitted uses, density and/ or intensity of use, maximum height and size of buildings and other structures, provisions for reservation or dedication of land, and other terms and conditions applicable to the Project and Property shall be those set forth in the Applicable 28 523
Law ( which includes, without limitation, the General Plan, Specific Plan, Zoning, Existing City Laws, Existing Approvals, and Subsequent Approvals).
b) As Subsequent Approvals are adopted and therefore become part of the Applicable Law of the Project, the Subsequent Approvals will refine the permitted uses, density and/or intensity of use, maximum height and size of buildings and other structures, provisions for reservation or dedication of land, and other terms and conditions applicable to the Project and Property.
2.06 Timing of Development; Phasing; Initial Access to AC- 1 Property. a) The Parties acknowledge that the most efficient and economic development of the Property depends upon numerous factors, and that itwill be most economically beneficial to have the rate of development determined by Developer. In particular, the Parties desire to avoid the result of the California Supreme Court's holding in Pardee Construction Co. v. City of Camarillo ( 1984) 37 Cal.3d 465 ( where the failure ofthe parties therein to consider and expressly provide for the timing of the development resulted in a later-adopted initiative restricting the timing of development to prevail over such parties' agreement), and therefore acknowledge that Developer shall have the right to develop the Project at such time as Developer deems appropriate within the exercise of its subjective business judgment. b) Accordingly, while the sequencing, and phasing ofthe development of the Project is addressed by the Specific Plan, this Development Agreement, and other Project Approvals, when and whether to go forward or not with development shall be in the sole and exclusive discretion of the Developer. For example, Developer shall have the authority to first develop lots 14 and 15 of the Large Lot Vesting Tentative Map, if Developer, in its sole and exclusive discretion, determines to do so. Consistent with the foregoing, this Section 2.06 ofthis Development Agreement addresses the " Phases" that apply to the development of the Project, which Phases are generally addressed inthe Specific Plan, and which Specific Plan defers to this Development Agreement to refine the terms and conditions of such Phasing, including without limitation, the related MBI roadway segments. Phase 1 of the Specific Plan allows for the development of up to three hundred ninety seven ( 397) residential units, Phase 2 of the Specific Plan allows for the development ofup to three hundred forty (345) residential units, Phase 3 ofthe Specific Plan allows for the development ofup to two hundred sixty seven (267) residential units, and Phase 4 ofthe Specific Plan allows for the development ofup to two hundred forty four (244) residential units. Additionally, any residential units allowed under any particular Phase (i.e., Phase 1, Phase2, Phase 3, and Phase 4) that are not developed in that particular Phase shall be carried over to the next applicable Phase( s), and such next applicable Phase( s) shall have its allowed residential unit count increased by the number of such carried over residential units. By way of example only, if only 300 of the allowed 397 residential units in Phase 1 are developed in Phase 1, then 97 units shall be carried over into Phase 2, and therefore the allowed residential unit count in Phase 2 shall increase from 345 residential units to 442 allowed residential units. By continuing example, if only 400 of the 442 residential units now allowed in Phase 2 are developed in Phase 2, then 42 residential units would be carried over into Phase 3, and therefore the allowed residential unit count in Phase 3 would increase from 267 residential units to 309 allowed residential units.
The ultimate cap on residential development in the Specific Plan is set at 1253 residential units 1010 residential units on the AC-1 Property, and 243 residential units on the Newell Property), 29 524
not including ( counting) additional allowed residential units on both the AC-1 Property and the Newell Property secured through the California Density Bonus law and other Statutory programs allowing increases in density that maybe available over the Term ofthis Development Agreement.
The 1010 residential units allowed on the AC-1 Property ( before California Density Bonus law and other Statutory programs allowing increases in density that may be available over the Term of this Development Agreement) is referred to in this Development Agreement as the " AC- 1 Residential Cap." The 243 residential units allowed on the Newell Property ( before State Density Bonus increases, etc.) is referred to in this Development Agreement as the " Newell Residential Cap." Additional allowed residential units on both the AC-1 Property and the Newell Property secured through the California Density Bonus law and other Statutory programs allowing increases in densitythatmaybe available over the Term ofthis Development Agreement shall not be counted against the residential units allowed under Phase 1, Phase 2, Phase 3, and/or Phase 4. Further, while the following sets forth a minimum Phase- by-Phase residential unit count for the Project, such Phase-by-Phase allocation shall not be allowed to exceed the AC-1 Residential Cap, nor shall such Phase-by-Phase allocation be allowed to exceed the Newell Residential Cap, unless such exceeding residential units are secured through the California Density Bonus law and other Statutory programs allowing increases in density that may be available over the Term of this Development Agreement. Finally, by cooperation and agreement of the relevant owners of the AC-1 Property and the Newell Property, all or any portion ofthe residential units allowed on each respective Property may be transferred to the other respective Property. 1) The Project shall have the right to the first 318 residential units of the 397 residential unit total allowed in Phase 1. Such right to such residential units shall last the Term ofthis Agreement. The remaining residential units ofthe 397 residential unit total allowed in Phase 1 shall be available to the Project, subject to the following:
A) Only after the Project has pulled building permits for, and/or is constructing, and/or has constructed, the 318 residential units; and B) Said remaining residential units in Phase 1 shall be available to both the Project and to the Newell Property on a first-come, first-served basis, provided that the property seeking such building permits has properly applied for, and met the issuance requirements of, such building permits for such remaining residential units. 2) The Project shall have the right to the first 279 residential units of the residential units allowed in Phase 2. Such right to such residential units shall last the Term of this Agreement. The remaining residential units allowed in Phase 2 shall be available to the Project, subject to the following:
A) Only after the Project has pulled building permits for, and/or is constructing, and/or has constructed, the 279 residential units; and B) Said remaining residential units in the Phase 2 Residential Cap shall be available to both the Project and the Newell Property on a first-come, first served basis, provided that the property seeking such building permits has properly applied for, and met the issuance requirements of, such building permits for such remaining residential units.
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3) The Project shall have the right to the first 217 residential units of the residential units allowed in Phase 3. Such right to such residential units shall last the Term of this Agreement. The remaining residential units allowed in Phase 3 shall be available to the Project, subject to the following:
A) Only after the Project has pulled building permits for, and/ or is constructing, and/ or has constructed, the 217 residential units; and B) Said remaining residential units in Phase 3 shall be available to both the Project and to the Newell Property on a first- come, first served basis, provided that the property seeking such building permits has properly applied for, and met the issuance requirements of, such building permits for such remaining residential units. 4) The Project shall have the right to the first 196 residential units of the residential units allowed in Phase 4. Such right to such residential units shall last the Term of this Agreement. Under the provisions of this Development Agreement, Phase 4 shall have 244 residential units, plus Phase 4 shall have all remaining carried over and still unused residential units from previous Phases. Therefore, whatever the number of remaining residential units allowed in Phase 4, such remaining residential units shall be available to the Project, subject to the following:
A) Only after the Project has pulled building permits for, and/ or is constructing, and/ or has constructed, the 196 residential units; and B) Said remaining residential units in Phase 4 shall be available to both the Project and to the Newell Property on a first- come, first served basis, provided that the property seeking such building permits has properly applied for, and met the issuance requirements of, such building permits for such remaining residential units. c) Consistent with the foregoing, and as addressed below and throughout this Development Agreement, the Parties acknowledge that Developer, in Developer' s sole and exclusive discretion, shall provide initial access to the Property from one, some, and/ or all of the below- described initial access points, with the below- described Phase 1, Phase 2, Phase 3, and Phase 4 roadway improvements applying. Relevant Project subdivision maps shall provide further clarity, provided they do not vary from the basic rules set forth in this Section 2.06 of this Development Agreement. While at least two points of access will ultimately be applicable to the Project, the following addresses and establishes the different terms and conditions depending upon which of the different initial access points are pursued. The specific " segments" of the different roadways referenced below ( i.e., Newell Drive, Rio Del Mar, Loop Road, etc.) are provided in detail in Section
2. 07 of this Development Agreement and in Exhibit B to this Development Agreement. A connection from the existing terminus ofNewell Drive northward to the intersection ofNewell Drive and Rio Del Mar, and then westward on Rio Del Mar to either its intersection with SR 29 or its transition into South Napa Junction, and then further westward to the intersection of South Napa Junction with SR 29 shall be required by or before the date of City' s issuance of the seven hundred forty third ( 743) building permit for a residential building permit on the Property. Section 2.07 of this Development Agreement speaks to other roadway improvements that Developer shall construct and improve if the " City Precursors" set forth in Section 2.07 of this Development Agreement are 31 526
satisfied. Additionally, " Lot 14" and " Lot 15" of the LLVTM are available for development in Phase 1 (and Phase 2, Phase 3, and Phase 4) of the Project' s development, and that maximum density permitted under the Specific Plan shall be allowed on the land comprising Lots 14 and Lot 15. Phase 1 roadway improvements relating to the following described " Rolling Hills Drive Initial Access" to the development of Lot 14 and Lot 15 shall be the extension of Rolling Hills Drive from the existing northern terminus of Rolling Hills Drive, northward to the northern boundary of Lot 14 and Lot 15, with a secondary access to Lot 14 and to Lot 15 due at the time of residential construction coming from the northern terminus of Summerwood Drive northward and eastward to its terminus at Rolling Hills Drive, as shown on Exhibit B to this Development Agreement. The Phase 2 roadway improvements relating to the Rolling Hills Drive Initial Access shall include the extension of Rolling Hills Drive from the Phase 1 terminus of Rolling Hills Drive northward to the intersection of Rolling Hills Drive and Rio Del Mar, and the extension of Loop Road from the Phase 1 terminus of Loop Road, to the northward edge of Loop Road Segment 2, as both are shown on Exhibit B to this Development Agreement. Phase 3 roadway improvements to the Rolling Hills Drive Initial Access shall be from the northern terminus of Loop Road Segment 2 eastward to the intersection of Loop Road and Newell Drive ( as shown on Exhibit B to this Development Agreement), and Phase 4 roadway improvements relating to the Rolling Hills Drive Initial Access shall be Newell Drive Segment 5, as shown on Exhibit B to this Development Agreement. 1) Phase 1 roadway improvements relating to the following described Newell Drive Initial Access" shall begin ( commence) from the existing terminus of Newell Drive, northward to the intersection of Newell Drive and Rio Del Mar then westward on Rio Del Mar to the intersection of Rio Del Mar and Loop Road, then northward on Loop Road to include Loop Road Segment 1," as that term is defined in Section 2.07 of this Development Agreement, and as shown on Exhibit B to this Development Agreement. The Phase 2 roadway improvements relating to the Newell Drive Initial Access shall include the extension of Rolling Hills Drive from the Phase 1 terminus of Rolling Hills Drive northward to the intersection of Rolling Hills Drive and Rio Del Mar, and the extension of Loop Road from the Phase 1 terminus of Loop Road, to the northward edge of Loop Road Segment 2, as both are shown on Exhibit B to this Development Agreement. Phase 2 roadway improvements relating to the Newell Drive Initial Access shall also include, at Developer' s sole and exclusive discretion, one of the following roadway improvements all shown on Exhibit B to this Development Agreement):
A) Commencing from the intersection of Loop Road and Rio Del Mar westward on Rio Del Mar to the intersection of Rio Del Mar and SR 29, as shown on Exhibit B to this Development Agreement.
B) Commencing from the intersection of Loop Road and Rio Del Mar westward on Rio Del Mar, then southward as Rio Del Mar becomes South Napa Junction, to the intersection of South Napa Junction and SR 29, as shown on Exhibit B to this Development Agreement.
2) Phase 1 roadway improvements relating to the following described SR 29/ Rio Del Mar Initial Access" shall begin ( commence) from the intersection of SR 29 and Rio Del Mar, going eastward to the intersection of Rio Del Mar and Loop Road, and then going northward on Loop Road to include " Loop Road Segment 1," as that term is defined in Section
2.07 of this Development Agreement), and as shown on Exhibit B to this Development Agreement. 32 527
The Phase 2 roadway improvements relating to the SR 29/Rio Del Mar Initial Access shall include the extension ofRolling Hills Drive from the Phase 1 terminus ofRolling Hills Drive northward to the intersection of Rolling Hills Drive and Rio Del Mar, and the extension of Loop Road from the Phase 1 terminus of Loop Road, to the northward edge of Loop Road Segment 2, as both are shown on Exhibit B to this Development Agreement. Phase 2 roadway improvements relating to the SR 29/Rio Del Mar Initial Access shall also include the following roadway improvements ( all shown on Exhibit B to this Development Agreement): Commencing from the intersection ofLoop Road and Rio Del Mar eastward on Rio Del Mar to the intersection of Rio Del Mar and Newell Drive, and then southward on Newell Drive to the existing northern terminus ofNewell Drive. 3) Phase 1 roadway improvements relating to the following described SR 29/ South Napa Junction Initial Access" shall begin ( commence) from the intersection of SR 29 and South Napa Junction, going eastward on South Napa Junction to where South Napa intersections with Rio Del Mar, and then eastward on Rio Del Mar until the intersection of Rio Del Mar and Loop Road, and then going northward on Loop Road to include "Loop Road Segment l" as that term is defined in Section 2.07 ofthis Development Agreement), and as shown onExhibit B to this Development Agreement. The Phase 2 roadway improvements relating to the SR 29/South Napa Junction Initial Access shall include the extension of Rolling Hills Drive from the Phase · 1 terminus of Rolling Hills Drive northward to the intersection of Rolling Hills Drive and Rio Del Mar, and the extension of Loop Road from the Phase 1 terminus of Loop Road, to the northward edge of Loop Road Segment 2, as both are shown on Exhibit B to this Development Agreement. Phase 3 roadway improvements to the SR 29/South Napa Junction Initial Access shall be from the northern terminus of Loop Road Segment 2 eastward to the intersection of Loop Road and Newell Drive (as shown on Exhibit B to this Development Agreement), and Phase 4 roadway improvements relating to the SR 29/South Napa Junction Initial Access shall be Newell Drive Segment 5, as shown on Exhibit B to this Development Agreement. Phase 2 roadway improvements relating to the SR 29/South Napa Junction Initial Access shall, at Developer' s sole and exclusive discretion, involve one, some, or all of the following roadway improvements ( all shown on Exhibit B to this Development Agreement): Commencing from the intersection ofLoop Road and Rio Del Mar eastward on Rio Del Mar to the intersection of Rio Del Mar and Newell Drive, and then southward on Newell Drive to the existing northern terminus ofNewell Drive. d) Developer may, in Developer's sole and exclusive discretion, delay commencement of construction of Phase 1 of the Napa Valley Ruins & Gardens development to coincide with commencement of the Specific Plan' s Phase 2 of residential development of the Project, provided that commencement of Phase 2 of residential development shall be conditioned upon commencement ofPhase 1 ofthe NVR& G development.
2.07 Additional Developer Obligations and Permitted Acts. a) This Section 2.07 of this Development Agreement sets forth additional Developer obligations and permitted acts regarding the Project. As required by this Development Agreement for all actions of the Parties, unless given sole and exclusive discretion, Developer shall perform the following actions with Good Faith and Fair and Expeditious Dealing, and in the manner described below. The standards set forth in the Specific Plan shall be generally applicable to said improvements, unless the standards are otherwise set forth in the applicable Project subdivision map. Whether or not expressly set forth in this Section 2.07 of this Development 33 528
Agreement, whenever cooperation, coordination and/or application to a third-party public agency is required for any and all actions contemplated by this Development Agreement, then City shall be responsible for making such application to all such relevant public agencies ( e.g., " CalTrans," PUC," etc.). Additionally, Developer shall be responsible for the costs and fees related to such City cooperation, coordination and application, including City Staff time, which City Staff time costs and fees reflect the amount that City actually expends for such City Staff costs and fees, which City actual expenditures shall not include any administrative fees, charges, and/or assessments; but Developer shall not be responsible for any fees and costs related to the City Attorney, and/or any City Special Legal Counsel.
b) Developer shall record the final map relating to the Large Lot Vesting Tentative Map within ninety (90) days ofthe Effective Date of this Development Agreement, and shall offer for dedication to the relevant public agency those roadways, parks, trails, civic and community spaces, and other public acreages shown on the face of the final map for the Large Lot Vesting Tentative Map.
c) The following presumes, consistent with the custom and practices of the relevant trade/ profession, that Developer shall submit to City fully engineered and stamped improvement/ construction plans. As defined in Section 2.01 of this Development Agreement, Developer shall pay Processing Fee(s)" as follows.
1) At the time ofBuilding Permit issuance for a " Model Plan Review" model home plan review) residential unit, Developer shall pay to City Processing Fees in the amount designated for that size/type of model home residential unit set forth in Exhibit C to this Development Agreement. Said amount of Processing Fees shall be considered to be in Calendar Year 2019 dollars, and, commencing in 2020, that amount shall be increased each year by the relevant year' s percentage amount set forth in the Construction Cost Index for the San Francisco Region.
2) At the time of Building Permit issuance for an " After Model Plan Review" residential unit, Developer shall pay to City Processing Fees in the amount designated for that size/type of After Model Plan Review residential unit set forth in Exhibit C to this Development Agreement. Said amount of Processing Fees shall be considered to be in Calendar Year 2019 dollars, and, commencing in 2020, that amount shall be increased each year by the relevant year's percentage amount set forth in the Construction Cost Index for the San Francisco Region.
3) For Project construction not addresses by (c)( l) and ( c)(2) of this Section 2.07 of this Development Agreement, Developer shall pay, in Developer' s sole and exclusive discretion, one or some combination ofthe following options:
A) To City, those Processing Fees that at the time Processing Fees are due to City reflects the amount that City actually expends to provide such processing services, which City actual expenditures shall not include any administrative fees, charges, and/or assessments; and/or
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B) To a third-party consultant (" Processing Consultant") acceptable to City and contracted directly with Developer the amount that the Processing Consultant and Developer contract for such processing services. Should Developer desire to contract with a particular Processing Consultant, prior to entering into such contract, Developer shall provide written notice to City at least thirty (30) days prior to Developer entering into such Processing Consultant contract ( the " 30-day period"), which notice to City shall address such intended contract, including without limitation, naming the intended Processing Consultant. Within thirty ( 30) days of receipt of such notice from Developer, City shall indicate its consent or objections, in writing. If City fails to raise objection to Developer within such 30-day period, City consent shall be deemed provided.
If City raises objection to such Developer-noticed Inspection Consultant within said 30- day period, then the Resolution Process set forth in this Development Agreement shall apply. City and Developer shall maintain and update a list of Processing Consultants acceptable to City. And/or,
C) To a Processing Consultant acceptable to City and
contracted directly with Developer and City (a three- party agreement) the amount that the Processing Consultant and Developer contract for such processing services. Again, City and Developer shall maintain and update a list of Processing Consultants acceptable to City.
d) The following presumes, consistent with the custom and practices of the relevant trade/profession, that Developer shall submit to City fully engineered and stamped improvement/ construction plans. In Developer' s sole and exclusive discretion, Developer shall pay Inspection Fees for residential development, MBI, in-tract infrastructure, NVRG and Hotel, and/or any other Project construction requiring inspection, in either or some combination of the following options:
1) To City, those Inspection Fees that at the time Inspection Fees are due to City reflects the amount that City actually expends to provide such inspection services, which City actual expenditures shall not include any administrative fees, charges, and/or assessments; and/ or;
2) To a third-party consultant acceptable to City and contracted directly with Developer (" Inspection Consultant") the amount that the Inspection Consultant and Developer contract for such inspection services. Should Developer desire to contract with a particular Inspection Consultant, prior to entering into such contract, Developer shall provide written notice to City at least thirty (30) days prior to Developer entering into such Inspection Consultant contract ( the " 30-day period"), which notice to City shall address such intended contract, including without limitation, naming the intended Inspection Consultant. Within thirty 30) days ofreceipt of such notice from Developer, City shall indicate its consent or objections, in writing. IfCity fails to raise objection to Developer within such 30-day period, City consent shall be deemed provided. If City raises objection to such Developer- noticed Inspection Consultant within said 30-day period, then the Resolution Process set forth in this Development Agreement shall apply. City and Developer shall maintain and update a list of Inspection Consultants acceptable to City. And/or,
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3) To an Inspection Consultant acceptable to City and contracted directly with Developer and City ( a three- party agreement) the amount that the Inspection Consultant and Developer contract for such inspection services. Again, City and Developer shall maintain and update a list of Inspection Consultants acceptable to City. e) Regarding the Project' s Affordable Housing requirements, Developer compliance with the following ( 1) or ( 2) below shall be deemed to be full compliance with all City, State and other controlling affordable housing law requirements:
1) Developer shall:
A) Developer shall pay the City' s Affordable Housing Fee, in the amounts set forth in Exhibit C to this Development Agreement; and B) Developer shall ensure that fifty one ( 51) of the Project' s residential units shall be " Affordable by Design." For the purposes of this Development Agreement, " Affordable by Design" shall mean that the residential unit has 1200 square feet or less of occupiable space, has exactly three ( 3) bedrooms ( no more or less) and at least two ( 2) baths. Such Affordable by Design residential units shall not be restricted in any way by City. City may, at City' s sole and exclusive discretion, offer program( s) to promote such Affordable by Design residential units, provided City does not restrict in any fashion Developer' s sale of such Affordable by Design units; and/ or, 2) Developer shall use the California Housing Density Bonus statute, including without limitation, California Government Code sections 65915 et seq., in one of several ways, including without limitation, the following:
A) Developer shall provide to City three ( 3) contiguous acres of land for the purposes of affordable housing. Such 3 acres of land can accommodate up to one hundred one ( 101) affordable residential units. Such 101 residential units are approximately ten percent ( 10%) of Developer' s market rate residential units. The location of such 3 acres of land shall be at Developer' s sole and exclusive discretion. Upon provision of such land to City, the Project ( Developer) shall be entitled to the greater of the following: a density bonus of fifteen percent ( 15%) ( additional market rate residential units), which results in one hundred fifty two ( 152) additional market rate residential units on the Property; and/ or,
B) Developer shall construct fifty one ( 51) residential units qualifying as " Very Low Income" affordable residential units ( under applicable California Density Bonus law) on the Property. The location of such 51 Very Low Income affordable residential units on the Property shall be at Developer' s sole and exclusive discretion. Such 51 Very Low Income affordable residential units are approximately five percent ( 5%) of the Project' s total residential units. Such 51 Very Low Income affordable residential units, shall entitle the Project ( Developer) to the greater of the following: a density bonus of twenty percent ( 20% ), which density bonus results in two hundred two ( 202) additional market rate residential units on the Property; and/ or
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C) That density bonus allowed by controlling law at such time as the density bonus is sought by Developer.
3) Consistent with the foregoing, the Parties may enter, but are not required to enter, an " Affordable Housing Agreement" reflecting the issues addressed by this Development Agreement. Any such Affordable Housing Agreement shall be considered a Subsequent Approval and shall become part of this Development Agreement' s " Applicable Law" once such Affordable Housing Agreement takes Legal Effect. f) Because of the extent of Developer construction of MBI, including without limitation, the Rio Del Mar improvements, collectively beyond the impacts of the Project, during the Term of this Development Agreement, Developer shall not pay any past, current and/ or future City development fees, impact fees, mitigation fees and/ or any and all other impact fees imposed on development in the City in any and all categories ( collectively, " City Impact Fees"). Such City Impact Fees that Developer shall not pay during the Term of this Agreement include, without limitation, Civic Facility Fees, Wastewater Capacity Fees, Water Capacity Fees, Traffic Impact Fees, Parks & Recreation Fees, and/or General Plan Update Fees, and any other present or future City Impact Fee imposed on development to mitigate Project impacts and provide funding for public infrastructure, services and/ or facilities.
g) Developer shall comply with City' s " Zero Water Footprint Policy," as such Policy is set forth in the American Canyon Municipal Code Section 13 .10. 010, by extending the City' s existing recycled water infrastructure so that non- potable demands within the AC- 1 Property and Project shall be served by recycled water, and by undertaking one or more of the following alternatives, which altemative( s) Developer choses shall be in Developer' s sole and exclusive discretion, set forth in the Water Supply Assessment ( February 2016), which was prepared by West Yost Associates and approved by the City on March 1, 2016:
1) Contribution to the City' s potable water offset program to help directly offset the Project' s projected potable water demand. 2) The 1993 Easement Agreement provides Developer the right to purchase up to one hundred sixty ( 160) acre feet of water per year from the City of Vallejo. That Developer right is subject to other transactions, one of which has transferred approximately twenty five ( 25) acre feet to a non- Developer entity. Assignment to City of the entirety of Developer' s interest in the 1993 Easement Agreement with the City of Vallejo, whatever that Developer interest may be after such other transactions are accounted for.
3) Purchase of the City' s 2016 Vallejo Treated Water option ( as set forth in the Water Service Agreement between City and the City of Vallejo dated May 1, 1996) and contribution to a funding mechanism to offset the additional cost of that water supply. 4) Enter a potential " Zero Water Footprint Agreement" ( as set forth in Section 2.09 of this Development Agreement), through which the Parties would negotiate these and other options to satisfy the City' s Zero Water Footprint policies and goals. h) Developer shall take the following actions regarding the following Project' s master backbone infrastructure (" Master Backbone Infrastructure" or " MBI"), a copy of which 37 532
is attached as Exhibit B to this Development Agreement. The standards set forth in the Specific Plan shall be generally applicable to said improvements, unless the standards are otherwise set forth in the applicable Project subdivision map:
1) Regarding the below-described Newell Drive and its subparts:
A) For the purposes of this Development Agreement, " Newell Drive" shall mean the collective total ofthe following five (5) segments:
i) " Newell Drive Segment 1" shall mean that portion
ofNewell Drive commencing from the existing northern terminus ofNewell Drive to the northern edge ofthe intersection ofNewell Drive and Rio Del Mar. ii) " Newell Drive Segment 2" shall mean that portion
ofNewell Drive commencing from the northern edge ofthe intersection ofNewell Drive and Rio Del Mar and then northward to and until the existing northeastern boundary ofthe Newell Property.
iii) " Newell Drive Segment 3" shall mean that portion
of Newell Drive commencing from the existing northeastern boundary of the Newell Property northward to and until the southern boundary of the intersection ofNewell Drive and Loop Road.
iv) " Newell Drive Segment 4" shall mean that portion
ofNewell Drive commencing from the southern edge ofthe intersection ofNewell Drive and Loop Road and then northward to and until the existing northeastern boundary ofthe AC-1 Property.
v) " Newell Drive Segment 5" shall mean that portion
ofNewell Drive commencing from the existing northeastern boundary ofthe AC1Property northwesterly to Newell Drive's proposed intersection with Green Island Road and State Highway 29.
B) Developer shall dedicate to City, upon the Project's first recorded subdivision map ( e.g., the final map relating to the Large Lot Vesting Tentative Map), the following regarding Newell Drive:
i) Newell Drive Segment 3 right ofway;
ii) Newell Drive Segment 4 right of way; and
iii) Any and all other Newell Drive right-of-way land
that lays on the AC-1 Property ( and described in Exhibit B to this Development Agreement).
C) As further set forth in Section 2.08 of this Development Agreement, City shall secure the dedications ofNewell Drive Segment 5 right ofway, and any and all other Newell Drive right-of-way land needed ( other than that which is the 38 533
responsibility of Developer) to complete Newell Drive from its existing terminus to Newell Drive' s proposed intersection with Green Island Road and State Highway 29.
D) Developer shall improve and construct the relevant portions of Newell Drive, including and excluding, as follows: Newell Drive Segment 1, with the exception that the portion of such Newell Drive Segment 1 improvements located on the Newell Property that Developer shall improve and construct shall be limited to one- half 1/ 2) width of a typical roadway section ( as shown in the Specific Plan), which provides for a single travel lane in each direction.
E) The Newell Parcel Map dedicates to City the right- of- way relating to Newell Drive Segment 1 and Newell Drive Segment 2. However, the timing of development of the Newell Property, including without limitation the full construction and improvement ofNewell Drive Segment 1, Newell Drive Segment 2, Newell Drive Segment 3, and Newell Drive Segment 4, is unknown. The Specific Plan and this Development Agreement sets forth " Phases" of MBI, residential and NVR& G and Hotel development.
Therefore, to help maximize the potential completion of the entirety of Newell Drive and all of its Segments, the commencement of Watson Ranch Specific Plan' s Phase 4 of residential development shall be conditioned upon Developer' s commencement of the below- described " Developer' s Newell Drive Obligations," which are Newell Drive Segment 2, Newell Drive Segment 3, Newell Drive Segment 4, and Newell Drive Segment 5, provided the relative/ relevant below- described " City Precursors" ( prerequisites) to each such Developer' s Newell Drive Obligations have been satisfied by City, as provided below. Developer' s Newell Drive Obligation, if invoked, involves the construction and improvement of all or any one of Newell Drive Segment 2, Newell Drive Segment 3, Newell Drive Segment 4, and/ or Newell Drive Segment 5, as further detailed in Exhibit B to this Development Agreement and the City' s General Plan Circulation Element. In other words, if City can satisfy the below- described City Precursors for any one of, or some of, or all of, the Newell Drive Segments ( i.e., Newel Drive Segment 2, Newell Drive Segment 3, Newell Drive Segment 4, and/ or Newell Drive Segment 5), then Developer shall be required to construct such Newell Drive Segments for which the City Precursors are met e.g., Newell Drive Segment 2, Newell Drive Segment 3, Newell Drive Segment 4, and/ or Newell Drive Segment 5). By way of example only, if City can satisfy the City Precursors for Newell Drive Segment 2, but cannot yet satisfy the City Precursors for Newell Drive Segment 3, Newell Drive Segment 4, and/ or Newell Drive Segment 5, then Developer shall be required to construct Newell Drive Segment 2, but Developer shall not be required to construct Newell Drive Segment 3, Newell Drive Segment 4, and/ or Newell Drive Segment 5 until, if, and when, if ever, City can satisfy the City Precursors for Newell Drive Segment 3, Newell Drive Segment 4, and/ or Newell Drive Segment 5. Developer' s Newell Drive Obligations, if invoked, is a construction obligation only, which shall be " cost neutral" to Developer. For the purposes of this Development Agreement, " cost neutral" shall mean that the Parties intend that Developer incurs no legal, equitable, and/ or administrative liability, no cost obligations and/ or cost liability from performing Developer' s Newell Drive Obligation, and that if any costs are incurred by Developer in performing Developer' s Newell Drive Obligation, that such incurred Developer cost( s) ( including without limitation providing Developer with a reasonable construction management fee in an amount consistent with practices within the trades for such roadway construction, and 39 534
every other task required) shall be fully refunded/reimbursed by City within thirty (30) days of presentation of such costs by Developer to City. Further, Developer' s Newell Drive Obligation shall not invoke unless and until City has first secured and satisfied ( and such items are completed and legally enforceable) all actions necessary and/or desirous for Developer to commence Developer' s Newell Drive Obligation, including without limitation, all ofthe following (collectively, " City Precursors"): the Newell Property and its owners have not submitted development applications of any kind and have not been separately obligated to construct and improve Newell Drive Segment I (either 2 travel lanes in each direction, or, ifDeveloper has already provided a travel lane in each direction, a single travel lane in each direction), Newell Drive Segment 2, Newell Drive Segment 3 and Newel Drive Segment 4; all design and improvement plans; all permits, permissions, and authorities from all relevant federal, state, regional and/or local authorities ( including without limitation PUC); all federal, state, regional and/or local environmental clearances including without limitation CEQA compliance), all required rights-of-way, all monies necessary to fully fund Developer' s Newell Drive Obligation (so that there is no out-ofpocket cost to Developer ( cost neutral)), all indemnities and waivers necessary to hold Developer harmless for each and every aspect of such Developer actions included in Developer' s Newell Drive Obligation, guaranteed payment to Developer of a construction management fee in an amount consistent with practices within the trades for such roadway construction, and every other task, permission, or other aspect necessary or desirous to the completion of Developer' s Newell Drive Obligation. Ifat the commencement ofWatson Ranch Specific Plan's Phase 4 ofresidential development the City Precursors are not fully satisfied and in place, then Developer may commence development of the Watson Ranch Specific Plan' s Phase 4 ofresidential development and shall no longer be responsible for Developer' s Newell Drive Obligation. The status ofthe City Precursors shall be addressed in the Annual Review ofthis Development Agreement in order to keep the Parties apprised of status.
2) Regarding Rio Del Mar With an At-Grade Railroad Crossing. A railroad crossing at Rio Del Mar is anticipated for the Project by the General Plan and Specific Plan. The Parties generally desire that the railroad crossing at Rio Del Mar be an " at-grade" crossing. However, the Parties also recognize that time, money, and the authority of others, including without limitation governmental agencies such as the California Public Utilities Commission (" PUC"), have influence and authority over such at-grade crossing options. Further, the Parties recognize that time savings, certain Developer financial obligation reductions, and other factors may make a grade-separated crossing at Rio Del Mar more attractive and achievable.
Lastly, the Parties recognize that should an at-grade or grade-separated railroad crossing at Rio Del Mar prove unsuccessful, there exists a private at-grade railroad crossing at South Napa Junction that is the subject ofa previous settlement agreement. Therefore, which railroad crossing to pursue will be an evolving analysis by the Parties as they work through the many issues. At any time period during which an at-grade railroad crossing is being pursued, Developer, exercising its sole and exclusive discretion, shall have the right to assert to City that such an at-grade application should be abandoned and/or otherwise put aside and that a grade-separated railroad crossing at Rio Del Mar shall be pursued. If such an assertion is made, then such at-grade application will be abandoned and/or otherwise put aside and a grade-separated railroad crossing at Rio Del Mar shall be pursued by the Parties. The following addresses an at-grade railroad crossing, and the resulting At-Grade Rio Del Mar" and its subparts:
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A) For the purposes of this Development Agreement, and as further described in Exhibit B of this Development Agreement, " At- Grade Rio Del Mar" shall mean the collective total of land dedications and improvements of Rio Del Mar with an at- grade railroad crossing; At- Grade Rio Del Mar is divided into the following six Segments:
i) " At-Grade Rio Del Mar Segment 1" shall be that
segment of At-Grade Rio Del Mar that stretches eastward from the eastern edge of the below- described " SR 29/ Rio Del Mar Tie- In" to the eastern edge of the Main Street extension;
ii) " At-Grade Rio Del Mar Segment 2" shall be that
segment of At- Grade Rio Del Mar that stretches eastward from the eastern edge of the Main Street extension to the western edge of the below- described " At-Grade Railroad Crossing;"
iii) " At-Grade Rio Del Mar Railroad Crossing
Segment" shall be that segment of At- Grade Rio Del Mar that encompasses the physical railroad tracks and railroad right- of- way;
iv) " At-Grade Rio Del Mar Segment 3" shall be that
segment of At-Grade Rio Del Mar that stretches eastward from the eastern edge of the At-Grade Railroad Crossing Segment to the western edge of Loop Road; v) " At-Grade Rio Del Mar Segment 4" shall be that
segment of At-Grade Rio Del Mar that stretches from the western edge of Loop Road to the western edge of the Newell Property; and
vi) " At-Grade Rio Del Mar Segment 5" shall be that
segment of At-Grade Rio Del Mar that stretches from the western edge of the Newell Property to the western edge of Newell Drive.
B) It is understood by the Parties that such right- of- way dedications shall reflect the right- of- way requirements of the General Plan and Specific Plan, and that if City is responsible for securing the dedication, that City shall secure the dedication at City' s sole cost and expense and at such time as the Parties agree is necessary to ensure the absence of Developer construction delay on the Rio Del Mar Improvements.
City shall coordinate the acquisition of right- of- way from the relevant property owner( s), with the goal being the full dedication of At- Grade Segment 1, At- Grade Segment 2, and At- Grade Segment 5 at no cost to the Parties. The Parties recognize that if eminent domain or other City actions are necessary to acquire the right- of- way from the relevant property owner( s) needed for the construction At-Grade Segment 1, At-Grade Segment 2, and AtGrade Segment 5, delays may occur and shall be allowed. Should eminent domain be required, acquisition shall be by, and at the sole and exclusive cost and expense of, City.
Regarding the dedication of the relevant Segments ofAt- Grade Rio Del Mar, the following shall apply:
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i) City shall secure the dedication of At- Grade Rio Del Mar Segment 1;
ii) City shall secure the dedication of At- Grade Rio Del Mar Segment 2;
iii) The details of the " At- Grade Rio Del Mar Railroad Crossing Segment" are addressed in subdivision ( h)( 4) of this Section 2.07 of this Development Agreement;
iv) Developer shall dedicate to City, upon the Project' s first recorded subdivision map ( e.g., the final map relating to the Large Lot Vesting Tentative Map), At- Grade Rio Del Mar Segment 3;
v) Developer shall dedicate to City, upon the Project' s first recorded subdivision map ( e.g., the final map relating to the Large Lot Vesting Tentative Map), At- Grade Rio Del Mar Segment 4; and
vi) City secured the dedication of At- Grade Rio Del Mar Segment 5 through the recordation of the Newell Parcel Map.
C) It is understood by the Parties that when Developer or City is required by this Development Agreement ( below) to construct ( or cause the financing and/ or construction of) At- Grade Rio Del Mar improvements, such improvements shall be constructed and improved at such time as set forth in the Project' s relevant subdivision map approval. That being stated, general construction and improvement obligations regarding At- Grade Rio Del Mar are as follows:
i) Developer shall be responsible for the construction
and improvement of At- Grade Rio Del Mar Segment 1 at such time as set forth in the Project' s relevant subdivision map approval, provided that Developer shall be reimbursed by City for Developer' s full costs related to such construction and improvement of such At- Grade Rio Del Mar Segment 1, and provided that such full reimbursement by City to Developer shall occur the earlier of the following events:
Within thirty ( 30) days of the date of the recording of any final subdivision map regarding the " Adobe Property," or within thirty ( 30) days of the date of the City' s issuance of any Building Permit regarding the Adobe Property. For the purposes of this Development Agreement, the " Adobe Property" shall mean that property depicted on Exhibit A to this Development Agreement. Further, for the purposes of this Development Agreement, Developer' s full costs ( including without limitation, a reasonable construction management fee in an amount consistent with practices within the trades for such roadway construction, and every other task required) related to such construction and improvement of such At- Grade Rio Del Mar Segment 1 shall be referred to as " Developer' s At-Grade Rio Del Mar Segment 1 Costs";
ii) Developer shall be responsible for the construction and improvement of At- Grade Rio Del Mar Segment 2 at such time as set forth in 42 537
the Project's relevant subdivision map approval, provided that Developer shall be reimbursed by City for Developer' s full costs related to such construction and improvement of such At-Grade Rio Del Mar Segment 2, with such reimbursement being a priority, and coming from funds City secures through City's imposition on other development in the City some form offees, charges, assessments and/or other means, and further provided that such City reimbursement obligation to Developer shall continue until such time as Developer is fully so reimbursed, or this Development Agreement' s Term concludes, whichever occurs first. For the purposes of this Development Agreement, Developer' s full costs related to such construction and improvement of such At-Grade Rio Del Mar Segment 2 shall be referred to as " Developer' s At- Grade Rio Del Mar Segment 2 Costs"; iii) The details of the " At-Grade Rio Del Mar Railroad Crossing Segment" are addressed in subdivision (h)( 4) ofthis Section 2.07 ofthis Development Agreement;
iv) Developer shall be responsible for the construction and improvement ofAt-Grade Rio Del Mar Segment 3 at such time as set forth in the Project's relevant subdivision map approval;
v) Developer shall be responsible for the construction
and improvement ofAt-Grade Rio Del Mar Segment 4 at such time as set forth in the Project's relevant subdivision map approval; and,
vi) Developer shall be responsible for the construction and improvement ofAt-Grade Rio Del Mar Segment 5 at such time as set forth in the Project's relevant subdivision map approval.
3) Regarding Rio Del Mar With a Grade-Separated Railroad Crossing.
The following addresses a grade-separated railroad crossing, and the resulting " Grade- Separated Rio Del Mar" and its subparts:
A) For the purposes of this Development Agreement, and as further described in Exhibit B of this Development Agreement, " Grade- Separated Rio Del Mar" shall mean the collective total ofland dedications and improvements ofRio Del Mar with a grade-separated railroad crossing; Grade-Separated Rio Del Mar is divided into the following six Segments:
i) " Grade- Separated Rio Del Mar Segment A" shall
be that segment of Grade-Separated Rio Del Mar that stretches eastward from the eastern edge of the below-described " SR 29/ Rio Del Mar Tie- In" to the eastern edge ofthe Main Street extension;
ii) " Grade- Separated Rio Del Mar Segment B" shall
be that segment of Grade-Separated Rio Del Mar that stretches eastward from the eastern edge of the Main Street extension to the western edge of the belowdescribed " Grade- Separated Railroad Crossing Segment;" 43 538
iii) " Grade-Separated Rio Del Mar Railroad
Crossing Segment" shall be that segment of Grade-Separated Rio Del Mar that encompasses the physical railroad tracks and railroad right-of-way, and further, shall include all ground excavation, retaining walls, footings, railings, groundwater pumping systems, and the like, that are necessary to effect a safe separation of the roadway grade from and under the railmad tracks and crossing regardless of location. By way ofexample only, retaining walls running under the railroad tracks and then rising up along the roadway to at-grade elevation that are used to support the soil adjacent to such Rio Del Mar roadway shall be considered part of the Grade-Separated Rio Del Mar Railroad Crossing Segment" even if such retaining wall improvements geographically are located within the area described by this Development Agreement as " Grade-Separated Rio Del Mar Segment B." iv) " Grade-Separated Rio Del Mar Segment C" shall
be that segment of Grade-Separated Rio Del Mar that stretches eastward from the eastern edge of the Grade-Separated Railroad Crossing Segment to the western edge of Loop Road;
v) " Grade- Separated Rio Del Mar Segment D" shall
be that segment of Grade-Separated Rio Del Mar that stretches eastward from the western edge of Loop Road to the western edge of the Newell Property; and vi) " Grade- Separated Rio Del Mar Segment E" shall
be that segment of Grade-Separated Rio Del Mar that stretches eastward from the western edge of the Newell Property to the western edge ofNewell Drive.
B) It is understood by the Parties that all such right-of-way dedications shall reflect the right-of-way requirements of the General Plan and Specific Plan, and that if City is responsible for securing the dedication, that City shall secure the dedication at City' s sole cost and expense and at such time as the Parties agree is necessary to ensure the absence ofDeveloper construction delay on the Rio Del Mar Improvements.
City shall coordinate the acquisition ofright-of-way from the relevant property owner, with the goal being the full dedication of Grade-Separated Segment A and Grade-Separated Segment B, and Grade-Separated E at no cost to the Parties. The Parties recognize that if eminent domain or other City actions are necessary to acquire the right-of-way from the relevant property owner( s) needed for the construction of Grade- Separated Segment A, Grade- Separated Segment B, and Grade- Separated E, delays may occur and shall be allowed. Should eminent domain be required, acquisition shall be by, and at the sole and exclusive cost and expense of, City. Regarding the dedication ofthe relevant Segments of Grade-Separated Rio Del Mar, the following shall apply:
i)
Rio Del Mar Segment A;
ii)
Rio Del Mar Segment B;
City shall secure the dedication of Grade- Separated
City shall secure the dedication of Grade- Separated
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iii) The details of the " Grade- Separated Rio Del Mar
Railroad Crossing Segment" are address below in subdivision ( h)( 4) of this Section
2.07 of this Development Agreement;
iv) Developer shall dedicate to City, upon the Project' s first recorded subdivision map ( e.g., the final map relating to the Large Lot Vesting Tentative Map), Grade- Separated Rio Del Mar Segment C; v) Developer shall dedicate to City, upon the Project' s first recorded subdivision map ( e.g., the final map relating to the Large Lot Vesting Tentative Map), Grade- Separated Rio Del Mar Segment D; and vi) City secured the dedication of Grade- Separated Rio Del Mar Segment E through the recordation of the Newell Parcel Map.
C) It is understood by the Parties that when Developer or City is required by this Development Agreement ( below) to construct ( or cause the financing and/ or construction of) Grade- Separated Rio Del Mar improvements, such improvements shall be constructed and improved at such time as set forth in the Project' s relevant subdivision map approval. That being stated, general construction and improvement obligations regarding Grade- Separated Rio Del Mar are as follows:
i) Developer shall be responsible for the construction
and improvement of Grade- Separated Rio Del Mar Segment A at such time as set forth in the Project' s relevant subdivision map approval, provided that the portion of the costs to Developer of constructing and improving Grade- Separated Rio Del Mar Segment A that is equal to " Developer' s At-Grade Rio Del Mar Segment 1 Costs" shall be reimbursed by City to Developer, and provided that such reimbursement by City to Developer ( for the dollar amount of the portion of the costs to Developer of constructing and improving Grade- Separated Rio Del Mar Segment A that is equal to " Developer' s At-Grade Rio Del Mar Segment 1 Costs") shall occur the earlier of the following events: Within 30 days of the date of the recording of any final subdivision map regarding the Adobe Property, or within 30 days of the date of any City issuance of any Building Permit regarding the Adobe Property.
ii) Developer shall be responsible for the construction and improvement of Grade- Separated Rio Del Mar Segment B at such time as set forth in the Proje_ ct's relevant subdivision map approval, provided that the portion of the costs to Developer of constructing and improving Grade- Separated Rio Del Mar Segment B that is equal to " Developer' s At-Grade Rio Del Mar Segment 2 Costs" shall be reimbursed by City to Developer, and provided that such reimbursement by City to Developer ( for the dollar amount of the portion of the costs to Developer of constructing and improving Grade- Separated Rio Del Mar Segment B that is equal to " Developer' s At- Grade Rio Del Mar Segment 2 Costs") shall be a priority, and shall come from funds come from funds City secures through City' s imposition on other development in the City some form of fees, 45 540
charges, assessments and/or other means, and further provided that such City reimbursement obligation to Developer shall continue until such time as Developer is fully so reimbursed, or this Development Agreement' s Term concludes, whichever occurs first.
iii) The details of the " Grade- Separated Rio Del Mar
Railroad Crossing Segment" are addressed below in subdivision ( h)( 4) of this Section 2.07 ofthis Development Agreement;
iv) Developer shall be responsible for the construction and improvement of Grade- Separated Rio Del Mar Segment C at such time as set forth in the Project' s relevant subdivision map approval; v) Developer shall be responsible for the construction
and improvement of Grade- Separated Rio Del Mar Segment D at such time as set forth in the Project' s relevant subdivision map approval; and, vi) Developer shall be responsible for the construction and improvement ofGrade-Separated Rio Del Mar Segment E at such time as set forth in the Project's relevant subdivision map approval.
D) Regarding South Napa Junction with an At-Grade Railroad Crossing: a potential railroad crossing at South Napa Junction, while not favored by the Parties as the first option, is an option allowed for the Project by the General Plan, Specific Plan, and this Development Agreement. The Parties desire that the railroad crossing at South Napa Junction remain an " at-grade" crossing, and that each of the below- described components that collectively comprise the below- described " South Napa Junction" and SR 29/South Napa Junction Tie-In" improvements be of a size, and quality of design, improvement, and construction similar to those ofthe Segments comprising the " At-Grade Rio Del Mar" improvements, the " Grade- Separated Rio Del Mar" improvements, and the SR 29/Rio Del Mar Tie-In." For the purposes of such an at-grade railroad crossing at South Napa Junction, and the concomitant access to the Property and Project, the following shall apply. The South Napa Junction improvements (" South Napa Junction") shall be the collective total ofthe following six (6) segments:
i) " South Napa Junction Segment 1" shall be that
segment of South Napa Junction that stretches eastward from the eastern edge of the below- described " SR 29/ South Napa Junction Tie-In" to the eastern edge of the Main Street extension;
ii) " South Napa Junction Segment 2" shall be that
segment of South Napa Junction that stretches eastward from the eastern edge of the Main Street extension to the western edge ofthe below- described " South Napa Junction Railroad Crossing Segment;"
iii) " South Napa Junction Railroad Crossing
Segment" shall be that segment of South Napa Junction that encompasses the physical railroad tracks and railroad right-of-way;
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iv) " South Napa Junction Segment 3" shall be that
segment of South Napa Junction that stretches eastward from the eastern edge of the South Napa Junction Railroad Crossing to the western edge of Loop Road; v) " South Napa Junction Segment 4" shall be that
segment of South Napa Junction that stretches from the western edge of Loop Road to the western edge of the Newell Property; and;
vi) " South Napa Junction Segment 5" shall be that
segment of At- Grade Rio Del Mar that stretches from the western edge of the Newell Property to the western edge of Newell Drive.
E) It is understood by the Parties that right- of- way dedications shall reflect the right- of- way requirements of the General Plan and Specific Plan, and that if City is responsible for securing the dedication under this Development Agreement, that City shall secure the dedication at City' s sole cost and expense and at such time as the Parties agree is necessary to ensure the absence of Developer construction delay on South Napa Junction. City shall coordinate the acquisition of right- of- way from the relevant property owner, with the goal being the full dedication of South Napa Junction Segment 1 and/ or South Napa Junction Segment 2 at no cost to the Parties. The Parties recognize that if eminent domain or other City actions are necessary to acquire the right- of- way from the relevant property owner( s) needed for the construction South Napa Junction Segment 1 and/ or South Napa Junction Segment 2, delays may occur and shall be allowed. Should eminent domain be required, acquisition shall be by, and at the sole and exclusive cost and expense of, City. Regarding the dedication of the relevant Segments of South Napa Junction, the following shall apply:
i) City shall secure the dedication of South Napa
Junction Segment 1;
ii) City shall secure the dedication of South Napa
Junction Segment 2;
iii) The details of the " South Napa Junction Railroad
Crossing" are addressed in subdivision ( h)( 4) of this Section 2.07 of this Development Agreement;
iv) Developer shall dedicate to City, upon the Project' s first recorded subdivision map (e.g., the final map relating to the Large Lot Vesting Tentative Map), South Napa Junction Segment 3;
vii) Developer shall dedicate to City, upon the Project' s first recorded subdivision map ( e.g., the final map relating to the Large Lot Vesting Tentative Map), South Napa Junction Segment 4; and
viii) South Napa Junction Segment 5 was dedicated to
City through the Newell Parcel Map.
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F) It is understood by the Parties that when Developer or City is required by this Development Agreement ( below) to construct ( or cause the financing and/or construction of) South Napa Junction improvements, such improvements shall be constructed and improved at such time as set forth in the Project's relevant subdivision map approval. That being stated, general construction and improvement obligations regarding South Napa Junction are as follows:
i) Developer shall be responsible for the construction
and improvement of South Napa Junction Segment 1 at such time as set forth in the Project' s relevant subdivision map approval, provided that Developer shall be reimbursed by City for Developer' s full costs related to such construction and improvement of such South Napa Junction Segment 1, and provided that such full reimbursement by City to Developer shall occur the earlier ofthe following events:
The recording of any final subdivision map regarding the " Adobe Property," or the City issuance of any Building Permit regarding the Adobe Property. For the purposes ofthis Development Agreement, the " Adobe Property" shall mean that property depicted on Exhibit A to this Development Agreement. Further, for the purposes of this Development Agreement, Developer's full costs related to such construction and improvement of such South Napa Junction Segment 1 shall be referred to as " Developer' s South Napa Junction Segment 1 Costs"; ii) · Developer shall be responsible for the construction and improvement of South Napa Junction Segment 2 at such time as set forth in the Project' s relevant subdivision map approval, provided that Developer shall be reimbursed by City for Developer' s full costs related to such construction and improvement of such South Napa Junction Segment 2, with such reimbursement being a priority, and coming from funds City secures through City's imposition on other development in the City some form offees, charges, assessments and/or other means, and further provided that such City reimbursement obligation to Developer shall continue until such time as Developer is fully so reimbursed, or this Development Agreement' s Term concludes, whichever occurs first; iii) The details of the " South Napa Junction Railroad
Crossing" are addressed in subdivision ( h)( 4) of this Section 2.07 of this Development Agreement;
iv) Developer shall be responsible for the construction and improvement of South Napa Junction Segment 3 at such time as set forth in the Project' s relevant subdivision map approval;
v) Developer shall be responsible for the construction
and improvement ofSouth Napa Junction Segment 4 at such time as set forth in the Project' s relevant subdivision map approval; and,
vi) Developer shall be responsible for the construction and improvement ofSouth Napa Junction Segment 5 at such time as set forth in the Project' s relevant subdivision map approval.
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G) The Parties recognize that development ofResidential Phase 1 of the Specific Plan shall only require adequate access, as further described in Section
2.06 of this Development Agreement.
4) Relating to Any Railroad Crossing:
A) Generally. A railroad crossing at Rio Del Mar is anticipated for the Project by the General Plan and Specific Plan. The Parties generally desire that the railroad crossing at Rio Del Mar be an " at-grade" crossing. However, the Parties also recognize that time, money, and the authority of others, including without limitation governmental agencies such as the California Public Utilities Commission (" PUC"), have influence and authority over such at-grade crossing options. Further, the Parties recognize that time savings, certain Developer financial obligation reductions, and other factors may make a grade- separated crossing at Rio Del Mar more attractive and achievable. Lastly, the Parties recognize that should an at-grade or grade- separated railroad crossing at Rio Del Mar prove unsuccessful, there exists a private at-grade railroad crossing at South Napa Junction that is the subject of a previous settlement agreement, and therefore shall be available as an access point to the Project. Therefore, which railroad crossing to pursue will be an evolving analysis by Developer, as the Parties work through the many issues.
At any time period during which an at-grade railroad crossing is being pursued, Developer, exercising its sole and exclusive discretion, shall have the right to assert to City that such an at-grade application shall be not submitted, or if already submitted, shall be abandoned and/or otherwise put aside and that a grade-separated railroad crossing at Rio Del Mar shall be pursued. If such an assertion is made, then such at-grade application shall be not submitted, or if already submitted, shall be abandoned and/or otherwise put aside and a grade- separated railroad crossing at Rio Del Mar shall be pursued by the Parties.
B) Developer and City shall coordinate and cooperate with each other toward the goal of securing permission from all relevant public agencies, including without limitation the PUC, to build whatever at-grade or grade- separated crossing is ultimately determined and pursued by Developer, in Developer' s sole and exclusive discretion. City shall be responsible for making any and all application( s) to such relevant public agencies including without limitation the PUC for any and all such rail crossing( s), and Developer shall be responsible for coordinating and paying for the consultants needed to support that effort. Developer shall be responsible for all City Staff costs and fees relating to whichever/all railroad crossings pursued, which City Staff costs and fees reflect the amount that City actually expends for such City Staff costs and fees, which City actual expenditures shall not include · any administrative fees, charges, and/or assessments; Developer shall not be responsible for the City costs and fees relating to the City Attorney, and any additional City-hired special legal counsel, regarding whichever/ all railroad crossings are pursued.
C) IfDeveloper, in its sole and exclusive discretion, determines to pursue the At-Grade Railroad Crossing, then the following shall apply:
i) Developer shall provide City written notice that
Developer has determined to pursue the At-Grade Railroad Crossing; and 49 544
ii) Developer shall be responsible for the costs and fees related to such At- Grade Railroad Crossing Segment.
iii) Developer shall be responsible for all costs related to the SR 29/ Rio Del Mar Tie- in, up to a maximum of $2.5 million. Any amount beyond such $2.5 million shall be subject to the "Resolution Process" requirements ofSection 2.03 ofthis Development Agreement, where the Parties will endeavor to resolve the amount in excess of $2.5 million dollars. City shall be responsible for making application to all relevant public agencies - including without limitation, the California Department of Transportation (" CalTrans") - to secure encroachment Permits required to build that SR 29 Tie-In Developer decides to pursue ( either the SR 29/Rio Del Mar Tie-In or the SR 29/South Napa Junction TieIn). Developer shall be responsible for the costs and fees related to such City cooperation, coordination and application, including the costs and fees related to City Staff, which City Staff costs and fees reflect the amount that City actually expends for such City Staff costs and fees, which City actual expenditures shall not include any administrative fees, charges, and/or assessments; time; however, Developer shall not be responsible for any costs and fees relating to the City Attorney and/ or Special Counsel hired by City to assist. Developer shall be reimbursed by City for Developer' s costs ( up to a maximum of $2.5 million - any amount beyond such $ 2.5 million shall be subject to the " Resolution Process" requirements of Section 2.03 of this Development Agreement) related to such construction and improvement of such SR 29/Rio Del Mar Tie-in in two ways:
First, the first fifty percent ( 50%) ofDeveloper' s costs related to such construction and improvement of such SR 29/Rio Del Mar Tie-shall be reimbursed by City to Developer at the earlier of the following events: Within 30 days of the date of the recording of any final subdivision map regarding the Adobe Property, or within 30 days of the date of City's issuance of any Building Permit regarding the Adobe Property; and Second, the second and final 50% of Developer' s costs related to such construction and improvement of such SR 29/Rio Del Mar Tie-shall be reimbursed by City to Developer, with such reimbursement being given priority, and such reimbursement coming from funds City secures through City's imposition on other development in the City some form of fees, charges, assessments and/or other means, and further provided that such City reimbursement obligation to Developer shall continue until such time as Developer is fully so reimbursed, or this Development Agreement' s Term concludes, whichever occurs first. provided further that the second.
D) IfDeveloper, in its sole and exclusive discretion, determines to pursue the Grade- Separated Railroad Crossing, then the following shall apply:
i) Developer shall provide City written notice that
Developer has determined to pursue the Grade- Separated Crossing at Rio Del Mar. ii) Developer shall be responsible for all costs and fees related to the Grade-Separated Railroad Crossing Segment, including the costs and fees related to City Staff time, which City Staff time costs and fees reflect the 50 545
amount that City actually expends for such City Staff costs and fees, which City actual expenditures shall not include any administrative fees, charges, and/ or assessments; however, Developer shall not be responsible for any costs and fees relating to the City Attorney and/ or Special Counsel hired by City to assist.
E) If neither the At- Grade Railroad Crossing Segment nor the Grade-Separated Railroad Crossing Segment is pursued by Developer and/or either or both are pursued but denied by the PUC ( and/ or others), and/ or either or both are pursued but abandoned by Developer, then if Developer, in its sole and exclusive discretion, determines to pursue the existing at- grade railroad crossing at South Napa Junction, then the following shall apply:
i) Developer shall provide City written notice that
Developer has determined to pursue the at- grade railroad crossing at South Napa Junction; and,
ii) Developer shall be responsible for the costs and fees related to such South Napa Junction Railroad Crossing Segment. iii) Developer shall be responsible for all costs and fees related to the SR 29/South Napa Junction Tie-In, up to a maximum of$2.5 million.
Any amount beyond such $2.5 million shall be subject to the " Resolution Process" requirements of Section 2.03 of this Development Agreement, where the Parties will endeavor to resolve the amount in excess of $2.5 million dollars. City shall be responsible for making application to all relevant public agencies - including without limitation, the California Department of Transportation (" CalTrans") - to secure encroachment Permits required to build that SR 29 Tie- In Developer decides to pursue ( either the SR 29/Rio Del Mar Tie-In or the SR 29/South Napa Junction Tie-In). Developer shall be responsible for the costs and fees related to such City cooperation, coordination and application, including the costs and fees related to City Staff time, which City Staff costs and fees reflect the amount that City actually expends for such City Staff costs and fees, which City actual expenditures shall not include any administrative fees, charges, and/ or assessments; however, Developer shall not be responsible for any costs and fees relating to the City Attorney and/ or Special Counsel hired by City to assist. Developer shall be reimbursed by City for Developer' s costs ( up to a maximum of $2.5 million - any amount beyond such
2.5 million shall be subject to the " Resolution Process" requirements of Section
2.03 of this Development Agreement) related to such construction and improvement of such SR 29/ South Napa Junction Tie- In in two ways: First, the first fifty percent ( 50%) of Developer' s costs related to such construction and improvement of such SR 29/ South Napa Junction Tie- In shall be reimbursed by City to Developer at the earlier of the following events: The recording of any final subdivision map regarding the Adobe Property, or the City issuance of any Building Permit regarding the Adobe Property; and Second, the second and final 50% of Developer' s costs related to such construction and improvement of such SR 29/South Napa Junction Tie-In shall be reimbursed by City to Developer, with such reimbursement being a priority, and coming from funds City secures through City's 51 546
imposition on other development in the City some form of fees, charges, assessments and/or other means, and further provided that such City reimbursement obligation to Developer shall continue until such time as Developer is fully so reimbursed, or this Development Agreement' s Term concludes, whichever occurs first.
5) Relating to the SR 29/Rio Del Mar Tie-In and the SR 29/South Napa Junction Tie-In:
A) Section 2.07(h)(4) of this Development Agreement and this Section 2.07(h)(5) ofthis Development Agreement shall apply regarding required actions ofthe Parties, the expenditure ofmoney, reimbursements, and other actions contemplated, regarding any and all State Highway 29 intersection improvements or other traffic and/or transportation improvements of any kind on State Highway 29, including the tie-in ofAtGrade Rio Del Mar, or Grade- Separated Rio Del Mar to State Highway 29 (" SR 29/ Rio Del Mar Tie- In"), or the tie-in ofSouth Napa Junction to State Highway 29 (" SR 29/ South Napa Junction Tie- In"). All such Tie-In options are shown on Exhibit B to this Development Agreement.
B) City and Developer shall cooperate and coordinate their efforts to secure approval of the SR 29 Tie-In that Developer decides to pursue ( either the SR 29/Rio Del Mar Tie-In or the SR 29/South Napa Junction Tie-In) in a manner to ensure the absence of Developer construction delay on either the At-Grade Rio Del Mar, GradeSeparated Rio Del Mar improvements, or South Napa Junction improvements. The Parties recognize the approval of Caltrans may cause delays and such delays shall be allowed. 6) Relating to the Loop Road Improvements.
A) Developer shall dedicate to City at such relevant Project subdivision map recordation date, that land described in Exhibit B to this Development Agreement.
B) Developer shall construct ( or cause the finance and construction of) at such time as set forth in the Specific Plan ( and such relevant Project subdivision map approval), those roadway improvements described in Exhibit C to this Development Agreement ( collectively, the " Loop Road Improvements"). The Loop Road Improvements are comprised of "Loop Road Segment 1," " Loop Road Segment 2," and " Loop Road Segment 3," as shown onExhibit B to this Development Agreement. 7) Relating to the Rolling Hills Drive Improvements:
A) Developer shall dedicate to City at such relevant Project subdivision map recordation date, that land described in Exhibit B to this Development Agreement ( collectively, the " Rolling Hills Drive Improvements").
B) Developer shall construct ( or cause the finance and construction of) at such time as the commencement ofWatson Ranch Specific Plan's Phase 2 of residential development ( and such relevant Project subdivision map approval) or 52 547
sooner if required to meet secondary access requirements for residential development, those roadway improvements described in Exhibit B to this Development Agreement. 8) Relating to Underground Utilities:
A) Developer shaH dedicate to City at such relevant Project subdivision map recordation date those underground utility and storm drain infrastructure improvements within the Project required by the Project' s development.
B) Developer shall construct ( or cause the finance and construction of) at such time as set forth in such relevant Project subdivision map approval, those underground utility and storm drain infrastructure improvements within the Project required by the Project's development.
i) The Parties understand that Developer and the Napa Valley Unified School District have taken actions and will take actions regarding new elementary school and new middle school, and that Developer and the Napa Valley Unified School District alone shall determine such actions for the Project.
j) Developer shall assign to City, at such time as the Project's first recorded subdivision map, those water line easement rights and water use rights given by the City of Vallejo to AC-1 through the Grant of Easement ( Waterline) between the City of Vallejo and Jaeger Vineyards, provided such assignment to City ensures AC-1 receives a credit for eighty ( 80) acrefeet ofraw water and eighty (80) acre-feet of potable water for the AC-1 Property ( for a combined total of one hundred sixty (160) acre-feet).
k) Developer shall dedicate to City at such relevant Project subdivision map recordation date and improve at such time as set forth in the Specific Plan and such relevant Project subdivision map approval, approximately three and fifty-five/one hundredths ( 3.55) acres of the Property for use as " Park A," as more particularly set forth in Exhibit B to this Development Agreement. Developer shall be obligated to contribute no more than five million six hundred thousand ($ 5,600,000) for the improvement ofPark A; said $5,600,000 maximum shall include any and all Processing Fees, Building Permit Fees, User Fees, and/or Inspection Fees. Notwithstanding the forgoing, the $ 5,600,000 amount ( for the improvement of Park A) shall be considered to be in Calendar Year 2019 dollars, and, commencing in 2020, that amount shall be increased each year by the relevant year's percentage amount set forth in the Construction Cost Index for the San Francisco Region, until such Park A improvements are completed. Consistent with the foregoing, the Parties shall work together to secure that portion of Park A that sits on the Newell Property, including seeking to have the controlling owners of the Newell Property dedicate such portion to the City through existing and/or future subdivision maps. Developer' s obligation to improve/ construct Park A shall commence only after both fee title to that portion ofPark A that sits on the Newell Property has been secured and is in City possession, and the Specific Plan' s Phase 2 of development of the Project has commenced.
1) Developer shall dedicate to City at such relevant Project subdivision map recordation date and improve at such time as set forth in at such relevant Project subdivision map approval, approximately five and fifty-seven/ one hundredths ( 5.57) acres for use as " Park B," as 53 548
more particularly set forth in Exhibit B to this Development Agreement. Developer shall be obligated to contribute no more than two million eight hundred thousand dollars ($ 2,800,000) for the improvement of Park B; said $2,800,000 maximum shall include any and all Processing Fees, and/or Inspection Fees. Notwithstanding the forgoing, the $2,800,000 amount (for the improvement ofPark B) shall be considered to be in Calendar Year 2019 dollars, and, commencing in 2020, that amount shall be increased each year by the relevant year' s percentage amount set forth in the Construction Cost Index for the San Francisco Region, until such Park B improvements are completed. Consistent with the foregoing, the Parties shall work together to secure that portion of Park B that sits on the Newell Property, including seeking to have the controlling owners of the Newell Property dedicate such portion to the City through existing and/or future subdivision maps.
Developer' s obligation to improve/construct Park B shall commence only after both: fee title to that portion of Park B that sits on the Newell Property has been secured and is in City possession; and the Specific Plan' s Phase 3 of development ofthe Project has commenced. m) Developer shall dedicate to the City, at such relevant Project subdivision map recordation date, and improve at such time as set forth in such relevant Project subdivision map approval, approximately sixty-seven one hundredths (. 67) acres for use as the " Napa Valley Vine Trail," as more particularly set forth in Exhibit B to this Development Agreement. Developer shall be obligated to contribute no more than four hundred sixty thousand dollars ($ 460,000) for the improvement of the Napa Valley Vine Trail; said $ 460,000 maximum shall include any and all Processing Fees, and/or Inspection Fees. Notwithstanding the forgoing, the $460,000 amount ( for the improvement of the Napa Valley Vine Trail) shall be considered to be in Calendar Year 2019 dollars, and, commencing in 2020, that amount shall be increased each year by the relevant year's percentage amount set forth in the Construction Cost Index for the San Francisco Region, until such Napa Valley Vine Trail improvements are completed. Consistent with the foregoing, the Parties shall work together to secure that portion of the Napa Valley Vine Trail that sits on the Newell Property, including seeking to have the controlling owners of the Newell Property dedicate such portion to the City through existing and/or future subdivision maps. Said Developer' s obligation to improve the Napa Valley Vine Trail shall commence only after fee title to that portion ofthe Napa Valley Vine Trail that sits on the Newell Property has been secured and is in City possession. The Parties recognize the City has exercised its discretion in requiring the Developer to construct various Class I trails including the Napa Valley Vine Trail and the River to Ridge Trail. The Parties shall coordinate and cooperate, including without limitation, the entering into ofany necessary or desirous Measure T Funding Equivalent Set- Aside Agreement," regarding the accounting procedures used to memorialize the Developer' s costs in dedicating and improving said Class I trails with express purpose of maximizing the amount of "Measure T Funding Equivalent Set-Aside" defined by that certain Napa Valley Transportation Authority - Tax Authority Measure T Ordinance, and that certain Measure T Funding Agreement by and between the City and the Napa Valley Transportation Authority - Tax Authority.
n) Developer shall dedicate to the City at such relevant Project subdivision map recordation date approximately two (2) acres ofthe Property for use as the " Community Plaza and Community Center Site" ( which includes the required parking for this use), as more particularly set forth in Exhibit B to this Development Agreement. The Parties recognize that Developer, in Developer' s sole and exclusive discretion, may save the " Silos" depicted in the Specific Plan, and if Developer determines to so save the Silos, then Developer may move the location of the Community Plaza and Community Center Site further south to accommodate the 54 549
Silos preservation. City shall complete the improvements to the Community Plaza and the Community Center Site as set forth in the Specific Plan. o) Developer shall dedicate an easement to the City, at such relevant Project subdivision map recordation date, and improve at such time as set forth in at such relevant Project subdivision map approval, approximately six and seventy one hundredths ( 6.7) acres ofthe Property for use as the " Quarry Lake Park," as more particularly set forth in Exhibit B to this Development Agreement. Developer shall be obligated to contribute no more than one million six hundred thousand dollars ($ 1,600,000) for the improvement of the Quarry Lake Park; said $ 1,600,000 maximum shall include any and all Processing Fees, and/or Inspection Fees. Developer may, in Developer' s sole and exclusive discretion, further improve the Quarry Lake Park with additional uses that complement the " Napa Valley Ruins & Gardens" ( described herein). The $ 1,600,000 maximum (for the improvement of Quarry Lake Park) shall be considered to be in Calendar Year 2019 dollars, and, commencing in 2020, that amount shall be increased each year by the relevant year's percentage amount set forth in the Construction Cost Index for the San Francisco Region, until such Quarry Lake Park improvements are completed. p) Through the parkland dedication and improvement requirements set forth in this Section 2.07 ofthis Development Agreement, Developer has satisfied all parkland dedication, improvement, and funding requirements ofState law, including without limitation, the requirements set forth in the Subdivision Map Act, as amended.
q) Developer may perform the following actions, in Developer' s sole and exclusive discretion:
1) Build up to that number ofmarket rate residential units approved by the City through the Watson Ranch Specific Plan, through density increases allowed by this Development Agreement, and through density increases allowed by controlling California Density Bonus law (affordable housing/density bonus laws), as may be amended during the Term of this Development Agreement.
2) Start construction ofthe first one-hundred (100) rooms ofthe Hotel use in Phase 2 ofthe Napa Valley Ruins & Gardens development, as more specifically set forth in the Specific Plan.
3) Otherwise develop all or any aspect ofthe Project approved by City. 4) Seek and secure an agreement with the American Canyon Fire Protection District regarding future fees, taxes, and the like.
2.08 Additional City Obligations and Permitted Acts.
a) This Section 2.08 ofthis Development Agreement sets forth additional City obligations and permitted acts regarding the Project. As is required of all actions by the Parties under this Development Agreement, City shall take all action necessary or desirous to effect the development of the Project approved by City with Good Faith and Fair and Expeditious Dealing, including without limitation, all actions required under this Section 2.08 of this Development Agreement.
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b) City shall take the following actions:
1) City shall accept all dedications from Developer required by this Development Agreement, as such time as offered by Developer, as such timing of dedication that is required by this Development Agreement.
2) City shall charge Developer no more than the cost to City of the actual time City expends on administering, directing, supervising, and/ or overseeing Consultants, or others working on the Project, or the invoices from Consultants, or others working on the Project.
3) City shall secure the dedication of Newell Drive Segment 5 right of way, and any and all other Newell Drive right- of- way land needed ( other than that which is the responsibility of Developer) to complete Newell Drive from its existing terminus to Newell Drive' s proposed intersection with Green Island Road and State Highway 29. 4) As an incentive for Developer to complete the Napa Valley Ruins & Gardens and Hotel, and thereby generate sales tax and transient occupancy tax revenues, City agrees to reimburse Developer for a portion of the costs incurred in the development of the Napa Valley Ruins & Gardens and Hotel. Therefore, commencing on the Effective Date of this Development Agreement and continuing uninterrupted until such earlier time as: the day after the Term of this Development Agreement has expired, or that date by which Developer has received from City either forty five million dollars ($ 45, 000, 000. 00) or that sum resulting from the application of Sections 2.0S( b )( 4)( C) below ( the time period is collectively referred in this Development Agreement as the " Repayment Period" and the $ 45, 000, 000 or that sum resulting from the application of Sections 2.0S( b )( 4)( C) below, is referred to as the " City Contribution"), City shall do the following:
A) Pay to Developer ( or Developer' s assignee) an amount equal to fifty percent ( 50%) of any and all past, present, and/ or future sales tax, and any and all past, present, and/ or future transient occupancy tax that City receives, collects and/ or otherwise has the ability to secure from the Napa Valley Ruins & Gardens and Hotel uses on the Property (" Equivalent Total Funds") for the immediately preceding calendar year collectively, " Annual City Payment").
B) The Annual City Payment shall be made to Developer on or before March 15 of each year of the Repayment Period. For example, the Equivalent Total Funds received by the City in Calendar Year 2025 would be made as City' s 2025 Annual City Payment to Developer on or before March 15 of Calendar Year 2026.
C) Consistent with the foregoing, in the event the City is able to provide Developer with a dollar- for- dollar reduction ( savings) on the Master Backbone Infrastructure related to the Napa Valley Ruins & Gardens and Hotel, then the City may reduce its City Contribution to Developer by such dollar- for- dollar savings on the Napa Valley Ruins & Gardens and Hotel MBI. By way of example only, ifCity is able to provide Developer with $ 2 million in MBI reduction ( savings) relating to Developer' s otherwise 56 551
owing Napa Valley Ruins & Gardens and Hotel MBI obligations, then the City Contribution would be reduced by such $2 million.
5) City guarantees all City services and facilities, such as City wastewater capacity, City water service, and the like, to the Project, and City shall issue "will serve letters" for such City services and facilities as requested by Developer. Developer shall be responsible for the acquisition ofpermits, approvals, easements, and services required to serve the Project from all non-City providers of utilities at Developer's cost. Developer shall also be responsible for coordinating with any non-City providers of utilities to ensure the proper installation and construction of non-City utilities in accordance with the Applicable Law. The provision ofall such services shall be subject to City approval, which City approval, like all actions ofthe Parties under this Development Agreement, shall be subject to the Good Faith and Fair and Expeditious Dealing requirements ofthis Development Agreement. For example, ifany facilities and/or services contemplated in the Watson Specific Plan or related Project Approvals are determined by the City to not be needed in order to properly serve the Project to the standard set forth in the Existing City Law, then any such facilities and/or services shall not be required of Developer and/or the Project.
c) City and Developer shall cooperate with the formation ofmunicipal Finance Mechanism( s) and shall take related actions as follows:
1) Developer, in its sole and exclusive discretion, shall have the right from time to time to request City to establish one or more " Project Finance Mechanism( s)" Project Finance Mechanism(s)" shall mean and include the singular " Project Finance Mechanism") to finance Project infrastructure, including without limitation roadway, sewer, water, drainage, fire, utility, and/or park improvements, facilities, the Impact Fees related thereto Public Improvements"), and/or to maintain and operate the Public Improvements and to provide for any public services · that may be required in connection with the development of the Project. Upon receipt of such Developer request, City shall implement such requests subject to applicable State and Federal law and other controlling laws.
A) City's participation in forming any Project Finance
Mechanism( s) approved by City (and its operation thereafter) and in issuing any debt in connection therewith (" Project Debt" and/or "Bonds") approved by City shall include all of the usual and customary municipal functions associated with such tasks, including without limitation, the formation and administration of special districts, the issuance of Project Debt, the monitoring and collection of fees, taxes, assessments, and charges such as utility charges, the creation and administration of enterprise funds, the enforcement of debt obligations, and other functions or duties authorized or required by the laws, regulations, or customs relating to such tasks.
B) There shall be no limitation on the number or kinds of Project Finance Mechanism( s) used on the Project/Property. Within any individual Project Finance Mechanism, City shall allow apportionment between funding construction of infrastructure and funding on-going maintenance and operation. Additionally, City shall specify that any and all apportionments may be based on land uses rather than benefits 57 552
received, so that such apportionment can consider and take into account market acceptance, feasibility, and affordability.
C) Establishing any Project Finance Mechanism( s) to finance the construction, operation or maintenance ofPublic Improvements, the payment oflmpact Fees and/or Project Debt shall be initiated upon the request of Developer in connection with the development of any phase of the Project, or by City in cooperation with Developer. In such regard, Developer shall submit to City its phasing plan for any facilities to be financed, including without limitation, the priority and financing needs related to such Public Improvements and the type of Project Finance Mechanism( s) Developer desires, and phases and Bond issuances related thereto, which Developer elects to use for specified purposes at the earliest possible time.
2) Nothing in this Section shall be construed to limit the discussion and evaluation of Project Finance Mechanism( s) solely to " Mello- Roos Community Facilities Districts" ( also referred to in this Development Agreement as " CFDs"), which are entities formed pursuant to Government Code 53313. 5 (Mello-Roos Act) for the purposes of financing all or a portion ofthe cost of certain Public Improvements and/or services utilizing a " Rate and Method of Apportionment of Special Taxes" ( also referred to in this Development Agreement as RMA").
3) For instance, City shall evaluate the formation of one or more entities known as Assessment Districts ( also referred to in this Development Agreement as ADs") formed pursuant to applicable law ( including but not limited to: the Municipal Improvement Act of 1913 ( Streets and Highway Code section 10000 et seq.) (" 1913 Act"), Landscape and Lighting Act of 1972 ( Streets and Highway Code section 22500 et seq.) (" 1972 Act") Benefit Assessment Act of 1982 ( Government Code section 54703 et seq.) (" 1982 Act") Property and Business Improvement District Law of 1994 ( Streets and Highway Code section 36600 et seq.) (" PBID)) for the purposes of financing all or a portion ofthe cost of certain Public Improvements and/or services utilizing a discrete methodology known as an " Engineer' s Report" to assess amounts sufficient to cover the proportional cost of the special benefit that the property owner receives from the improvements or services that are paid for by the special assessment. 4) The decision to pursue CFDs or ADs to finance the construction of Public Improvements shall remain the Developer' s sole and exclusive discretion. Notwithstanding the foregoing, the Developer shall utilize one or more Finance Mechanism( s) ( or functionally equivalent annuity thereof) to provide the " Services CFD Amount" to the City for the funding of on-going maintenance and operations ofPublic Improvements as set forth below. 5) As required by applicable law, City may be required to enter into one or more joint community facilities agreements with other governmental entities that will own or operate any of the Public Improvements to be financed by a CFD. The City and Developer agree that they shall take any and all steps necessary to procure the authorization and execution of any required joint community facilities agreements with other governmental entities before the issuance of any CFD Bonds that finance the construction or acquisition of Public Improvements to be owned or operated by such other governmental entities. 58 553
6) Developer' s request shall be made to the City in written form and shall outline the purposes for which the Project Finance Mechanism( s) and/ or Project Debt will be established or issued, the general terms and conditions upon which it will be established or issued, the specific list of Public Improvements, and a proposed timeline for its establishment and/or issuance. In the case of a CPD, said Developer request shall include the RMA, and in the case of other Project Finance Mechanisms, said request shall include the relevant and analogous information as required by applicable law. City' s consideration of Developer' s request shall be consistent with the requirements of this Development Agreement. 7) Developer, in Developer' s sole and exclusive discretion shall have the right to elect to establish Project Finance Mechanisms through the California Statewide Community Development Authority ( CSCDA), the Association of Bay Area Governments ABAG), and/ or any other public and/ or quasi- public agencies with authority to form community facilities districts ( collectively referred to as " Alternative Project · Finance Mechanism Agency") and said agencies shall comply with the City' s Goals and Policies for CFDs ( Resolution 2018- 105, and as set forth in this Section). Prior to submitting a Project Finance Mechanism Application to Alternative Project Finance Mechanism Agency, Developer shall cooperate with the City and the City Manager or his designee in facilitating a review of the Project Finance Mechanism Application and to provide the City with such additional information and documentation as is reasonably necessary for the City Manager or his designee to conclude such review within thirty ( 30) days of receipt of any such Project Finance Mechanism Application.
City' s review and approval of an application for a CFD shall be limited to ensuring consistency with City Goals and Policies for CFDs ( e.g. Resolution 2018- 105, etc.) and the requirements set forth in this Section 2.08( c) of this Development Agreement. 8) As of the Effective Date of this Development Agreement, the effective tax rate for the Property is 1.14%. Developer shall have the right to create a Project Finance Mechanism that increases the Aggregate Tax Burden on the Property to 1.80%.
Regardless of the number or kind of Project Finance Mechanism( s) used on the Project/ Property, the " Special Tax Rate" established in conjunction with said Project Finance Mechanism( s) shall not exceed sixty- six one- hundredths percent ( 0.66%) of the estimated sales price of a dwelling unit to be constructed in conjunction with the Project. The sales prices shall be determined in conjunction with an absorption study or appraisal prepared for the CPD at the time of preparation of the RMA ( or Engineer' s Report).
9) If the Developer elects to use CFDs or ADs as a Project Finance Mechanism, the City shall not take any action to increase the sum of any special taxes/ assessment, prop.erty taxes, special taxes for any overlapping CFD, and any other taxes, fees, and charges which are collected by the County of Napa on ad valorem tax bills (" Aggregate Tax Burden") for the Property within the Project above 1.18% until all CFDs or ADs for a particular Improvement Area have been formed and Bonds issued.
10) In the eventProject Finance Mechanisms are established to finance construction of Public Improvements, Developer shall have the ability to establish an annually increasing Special Tax Rate in an amount increasing no more than 2% per annum and as determined by the formational RMA ( or Engineer' s Report) for each Improvement Area. 59 554
11) Irrespective of other Project Finance Mechanism or other CFDs ( or elements of a Master CPD), a Special Tax Rate ( or Special Assessment, as appropriate) shall be developed, committed, and utilized for the funding of on-going maintenance and operations of Public Improvements in the annual amount of $302 per residential dwelling unit (" Services CFD Amount"). Moreover, irrespective of the limitation on the duration of levying of Special Taxes, etc. set forth below, said Services CPD Amount shall also be subject to an annual increase of
3.00%, and this amount shall be levied and collected in perpetuity to meet the " Special Tax Requirement for Services" - which is a term to be defined in the RMA (or similar). 12) Based on the phasing plan submitted to the City or Alternative Project Finance Mechanism Agency, the Developer shall have the right to identify the initial and each subsequent phase as a different improvement area ofthe CPD (" Improvement Area") under the CPD Act. The City has determined that the Public Improvements benefit the CPD and each Improvement Area as a whole, and, therefore, any ofthe :Public Improvements may be financed in any Improvement Area without regard to the specific benefit to such Improvement Area. 13) The appraised or assessed value-to-lien ratio for any CPD Bond issue will be three to one (3: 1 ), unless a lesser amount is mutually agreed to by City and Developer.
City shall not require Developer or any property owner within the Improvement Area to provide a Letter of Credit or other credit enhancement as security for the payment of special taxes in the CPD.
14) The term " Remainder Taxes" shall mean that, in each, year, as of the day following the Principal Payment Date for an Improvement Area, all special taxes collected prior to such date in such Improvement Area in excess ofthe total of:
A) Debt service on the outstanding CPD Bonds of the
applicable Improvement Area due in the current calendar year, ifany; B) Priority and any otherreasonable administrative costs for the applicable Improvement Area payable in that fiscal year; and C) Amounts levied to replenish the applicable reserve fund as of the Principal Payment Date, including amounts reserved for reasonable anticipated delinquencies, ifany.
15) The term " Principal Payment Date" means, either before or after CFD Bonds are issued, September 1 of each year, regardless of whether principal payments are actually due in any particular year. The term " Remainder Taxes Project Account" means a separate account created by City for the CPD and maintained by City or Alternative Project Finance Mechanism Agency to.hold all Remainder Taxes for all of the Improvement Areas of the CFD to be used for financing Public Improvements.
16) Developer and City contemplate that, within each Improvement Area of the CPD, Public Improvements shall be paid from Remainder Taxes ( as defined below) both before and after the issuance ofBonds for such Improvement Area. Accordingly, each RMA or equivalent formation document thereof) will provide that Remainder Taxes may be used to finance Public Improvements. For each CPD, annually, on the day following each " Principal 60 555
Payment Date" for such Improvement Area, all " Remainder Taxes" for such Improvement Area shall be deposited in the applicable " Remainder Taxes Project Account." 17) Commencing with the issuance of the first series of Bonds of an Improvement Area, continuing through the issuance of the final series of Bonds of the Improvement Area, and then continuing further for a period of fifteen ( 15) years from the date of the issuance of the final series of Bonds of the Improvement Area, the City or Alternative Project Finance Mechanism Agency shall levy Special Taxes on all Assessor' s Parcels pursuant to the RMA or such lesser amount which complies with the Indenture, Fiscal Agent Agreement, Services CFD Amount, or similar. Following the issuance of the first series · of Bonds, the priority for allocation of the Special Taxes collected shall be as follows:
A) First, to fund an amount up to any priority administrative expense requirement, as such term is generally understood; B) Second, to pay principal and interest on outstanding Bonds and to replenish the reserve fund to the applicable reserve fund requirement; C) Third, to fund all actual Improvement Area administrative expenses in excess of the priority administrative expense requirement; and D) Fourth, all remaining amounts shall be deposited in the Remainder Taxes Project Account and disbursed according to the following priority: First, to reimburse prior deposits paid by Developer to City or Alternative Project Finance Mechanism Agency pursuant to any Deposit Agreement and Developer' s third- party consultant costs incurred relating to the formation of the CFD( s); Second, to the extent not funded with the proceeds of such series of Bonds, to pay or reimburse Developer for any Public Improvements in the order requested by Developer but subject to the terms of this Acquisition Agreement.
E) Notwithstanding the above, City ( or Alternative Project Finance Mechanism Agency) shall not levy any Special Taxes beyond the term of the Acquisition Agreement, except to fund items in (A) through ( C) above. 18) The City shall take all actions necessary to satisfy Section 53314. 9 of the Government Code ( or any similar statute subsequently enacted) to use Project Debt proceeds to reimburse Developer for Project Finance Mechanism formation and Project Debt issuance deposits and to advance funding of Public Improvements or costs. Contemporaneously with the formation of the Project Finance Mechanism, Developer and City shall execute an acquisition and funding agreement(" Acquisition Agreement") that shall apply to the acquisition and construction of the Public Improvements for each and every Improvement Area. The Acquisition Agreement shall be structured so that it is automatically applicable to any financing by special taxes levied in, or CPD Bonds issued for, a subsequent phase annexed into its respective Improvement Area of the CFD, without requiring any modifications to the Acquisition Agreement or any further approvals by the City.
19) The Acquisition Agreement shall contain an acknowledgement by the City and Developer as to the following:
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A) Developer may be constructing Public Improvements
before CFD Bond proceeds and Remainder Taxes ( herein, " Project Finance Mechanism Funding Sources" or " Funding Sources") that shall be used to acquire them are available.
B) City shall inspect the Public Improvements and process payment requests even ifFunding Sources for the amount ofpending payment requests are not then sufficient to satisfy them in full.
C) Public Improvements may be conveyed to and accepted by the City or other governmental entity before the applicable payment requests are paid in full.
D) If the City or other governmental entity accepts Public Improvements before the applicable payment requests are paid in full, the unpaid balance shall be paid when sufficient Funding Sources become available, and the Acquisition Agreement shall provide that the applicable payment requests for Public Improvements accepted by the City or other governmental entity may be paid in any number of installments as Funding Sources become available and irrespective of the length of time payment is deferred.
E) Developer's conveyance or dedication of Public
Improvements to the City or other governmental entity before the availability of Funding Sources to acquire the Public Improvements shall not be considered a dedication or gift, nor a waiver of Developer' s right to payment of Public Improvements under this Development Agreement or the Acquisition Agreement.
20) Developer shall provide actual and conspicuous notice to potential homeowners, in a form reasonably acceptable to the City and in compliance with all applicable legal requirements including, without limitation, applicable provisions of Government Code Section 53341. 5) ofany and all fees, taxes, and assessments to be charged to any and all purchasers of real property interests in the Project. Developer shall provide potential homeowners with a written and itemized notice of such projected costs and the manner in which they will be charged to the potential homeowner, which notice the potential homeowner shall sign. Developer shall retain a copy ofeach signed notice in Developer' s files for at least fifteen (15) years following the date of such notice, and shall provide a copy ofeach such signed notice to the City. d) At Developer's sole discretion and in accordance with Developer' s construction schedule, Developer shall apply for such other permits and approvals as may be required by other private and public and quasi-public entities in connection with the development of, or the provision of services to, the Property. City shall cooperate with Developer in Good Faith and Fair and Expeditious Dealing, at no cost to City, in Developer's efforts to obtain such permits and approvals and City shall, from time to time ( at the request ofDeveloper), use its Good Faith and Fair and Expeditious Dealing to enter into binding agreements with any such other entity as may be necessary to ensure the timely availability of such permits and approvals to Developer, provided such permits and approvals are mutually determined by City and Developer to be reasonably 62 557
necessary or desirable and are consistent with Applicable Law. In the event that any such permit or approval as set forth above is not obtained within three ( 3) months from the date application is deemed complete by the appropriate entity, and such circumstance materially deprives Developer of the ability to proceed with development ofthe Property or any portion thereof, or materially deprives City of a bargained-for public benefit ofthis Development Agreement, then, in such case, and at the election ofDeveloper, Developer and City shall meet and confer with the objective ofattempting to mutually agree on alternatives, Project Approvals, and/or an amendment to this Development Agreement to allow the development of the Property to proceed with each Party substantially realizing its bargained-for benefit there from.
e) City and Developer acknowledge and agree that City may from time to time enter into ( with Good Faith and Fair and Expeditious Dealing) joint exercise ofpower agreements or memoranda ofunderstanding with other governmental agencies consistent with and to-further the purposes ofthis Development Agreement.
f) City and Developer acknowledge and agree that City may enter into a Development Agreement with the owners ofthe Newell Property, and that ifsuch a Development Agreement is entered, the obligations binding the Newell ·Property by such a Development Agreement shall include that a Project Labor Agreement applying to at least one hundred ( 100) residential units on the Newell Property shall be entered and executed by the owners ofthe Newell Property.
g) City and Developer acknowledge and agree that Developer shall dedicate land to the City and other public agencies, and shall construct roadways, parks, MBI, and other public improvements for public purposes and benefits pursuant to this Development Agreement and the development of the Project in amounts in excess of the Project's impacts and concomitant mitigation obligations, and in excess of what could otherwise be required and/or imposed by City under controlling law. The fair market value of such dedicated lands at the Effective Date is approximately one million ($1,000,000.00) per acre. All of the foregoing benefits provide the consideration for this Development Agreement, and further lead to reimbursements and City Impact Fee payment forgiveness owed to Developer, as set forth in this Development Agreement.
Notwithstanding any other provision of this Development Agreement to the contrary, in no event shall the total value of the City Contribution, when combined with all other " public funds" ( as defined in California Labor Code section 1720(b)) in the Project exceed the costs ofperforming the public works of improvement required as a condition of regulatory approval of the Project, recognizing that certain reimbursements and Fees Credits to Developer are in exchange for contributions in excess of Project impacts or mitigation measures or other obligations, or which could otherwise not be required by City under controlling law (including but not limited to available reimbursements for all land contributions, etc.).
2.09 Subsequent Project Conditions of Approval and Agreements. a) Applicability. The Parties anticipate that the actions/approvals listed in this Section 2.09 ofthis Development Agreement will occur after the Approval Date ofthis Development Agreement and within six (6) months ofthis Development Agreement' s Effective Date. 63 558
b) Project Conditions of Approval and Subdivision Improvement Agreements.
1) City and Developer shall draft and coordinate " Conditions of Approval" to list all ofthe Conditions ofApproval that shall be applicable to the entirety of the Project development, and then shall organize such Conditions of Approval so that City and Developer understand during which Project phase (" Phase") that each such Conditions of Approval applies and therefore must be performed/ satisfied. Further, City and Developer shall draft and coordinate such Conditions ofApproval for each such Phase to provide applicable timing ofperformance/ satisfaction for each such Conditions ofApproval within each specific Phase. For example, within a particular Phase, some Conditions ofApproval shall require performance during the term ofthat Phase' s Subdivision Improvement Agreement (" Phase SIA," defined below), yet other Conditions ofApproval shall be performed during or after the term of a Phase SIA, but prior to or at the time of Building Permit issuance or Certificate of Occupancy issuance for structures built within the area of such Phase. The Conditions ofApproval shall be drafted and organized so that Developer understands within which Phase the particular Conditions ofApproval have to be satisfied, and the timing of such performance ( e.g., prior to the Final Map, during the term ofthe Phase SIA, or prior to or at the time ofBuilding Permit/ Occupancy Permit issuance, etc.). 2) Additionally, City and Developer shall draft and coordinate such Conditions ofApproval to ensure that all Mitigation Measures relating to the Project (contained in the Project EIR and its Mitigation Monitoring and Reporting Program) are converted into actual Conditions ofApproval to the Project Approvals. To coordinate all ofthese Phases and to ensure that all Conditions ofApproval are performed and completed, a list ofall such Project Conditions of Approval shall be compiled ( the " Master Conditions List"). As provided above, the Master Conditions List shall do all ofthe following:
A) List, segregate and assign the Conditions of Approval that are to be performed and completed with each Phase or sub-phase.
B) Provide applicable timing of performance for each such Condition ofApproval (i.e., before the filing ofthe Project Final Map, after the filing of the Project Final Map but during the term ofa Phase SIA (defined below), or after the filing of a Project Final Map but during or after the term of a Phase SIA related to such Phase, but prior to or at the time of Certificate of Occupancy issuance for structures built within the area of such Phase).
3) Additionally, City shall limit any security ( e.g., bonding) requirements to only those Public Improvements being constructed and completed within the Phase or sub-phase being pursued by Developer.
4) Any such Conditions of Approval and/or Master Conditions List shall be considered a Subsequent Approval and shall become part of this Development Agreement' s " Applicable Law" once such Conditions ofApproval and/or Master Conditions List SIA takes Legal Effect.
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5) The Parties shall adopt a " Master Subdivision Improvement Agreement" ( also " Master SIA"). Such Master Subdivision Improvement Agreement shall set forth the material terms and Conditions of Approval for each and all subsequent Phase Subdivision Improvement Agreements ( each a " Phase SIA").
6) Once the Master SIA is adopted by City, having set forth all material terms and the Conditions of Approval, the City may delegate authority to the City Manager, or his/ her designee, to execute such subsequent Phase SIAs on behalf of City. 7) Any such Master SIA and/ or Phase SIA shall be considered a Subsequent Approval and shall become part of this Development Agreement' s " Applicable Law" once such Master SIA and/ or Phase SIA takes Legal Effect. c) Assignment Agreements
1) As set forth in Article 4 of this Development Agreement, any Assignment" ( defined in Article 4 of this Development Agreement) shall be memorialized in an Assignment Agreement." A form Assignment Agreement shall be drafted by the Parties capturing and setting forth the requirements of this Development Agreement, including without limitation, the requirements of Article 4 of this Development Agreement. Such Assignment Agreement drafting shall involve the City Attorney and shall secure his/ her approval. 2) Any such Assignment Agreement shall be considered a Subsequent Approval and shall become part of this Development Agreement' s " Applicable Law" once such Assignment Agreement takes Legal Effect.
d) Zero Water Footprint Agreement.
1) As set forth in Section 2.07 of this Development Agreement, the Parties may choose to negotiate a " Zero Water Footprint Agreement" that determines and sets forth the Zero Water Footprint requirements of the Project, as further discussed in Section 2.07 of this Development Agreement.
2) Any such Zero Water · Footprint Agreement shall be considered a Subsequent Approval and shall become part of this Development Agreement' s " Applicable Law" once such Zero Water Footprint Agreement takes Legal Effect. e) Adobe Lumber Agreement.
1) The Parties understand that Section 2.07 of this Development Agreement establishes certain obligations regarding Rio Del Mar, and more specifically the portion of Rio Del Mar that abuts the Adobe Lumber property. Therefore, at no cost to Developer, the Parties shall seek to negotiate an agreement with the relevant owner( s) of Adobe Lumber regarding Rio Del Mar, the use of a detention basin on AC- I Property to hold and detain storm water for the benefit of the Adobe Lumber Property ( at no cost to Developer), the provision of utilities for the benefit of the Adobe Lumber Property, and other matters addressed by this Development Agreement, and/ or sought by the Parties for inclusion (" Adobe Lumber Agreement").
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2) Any such Adobe Lumber Agreement shall be considered a Subsequent Approval and shall become part of this Development Agreement' s " Applicable Law" once such Adobe Lumber Agreement takes Legal Effect.
ARTICLE3
AMENDMENT OF DEVELOPMENT AGREEMENT
AND SUBSEQUENT APPROVALS
3.01 Amendment of Development Agreement.
a) This Development Agreement may be amended from time to time in accordance with California Government Code section 65868, only upon the mutual written consent ofCity and Developer. However, any amendment which relates to the term, permitted uses, density, intensity of use, height and size ofproposed buildings, or provisions for reservation and dedication of land shall require a noticed public hearing before the Parties may execute an amendment. b) No amendment of this Development Agreement shall be required in connection with the issuance of any Subsequent Approval or any New City Law Developer elects to be subject to pursuant to Section 2.04(e). Any Subsequent Approval or New City Law Developer elects to be subject to pursuant to Section 2.04(e) shall be vested into by Developer and City as if set forth in full when the Subsequent Approval satisfies the requirements of Section 2.0l(a)( 4) of this Development Agreement. City shall not amend or issue any Subsequent Approval unless Developer requests such an amendment or issuance from City.
3.02 Amendments ofProject Approvals.
a) The Project Approvals may, from time to time, be amended or modified. b) Upon the written request of Developer, the City Manager (" City Manager") shall determine:
1) Whether the requested amendment or modification is minor; and 2) Whether the requested amendment or modification is consistent with this Development Agreement. If the City Manager finds that the amendment is both minor and consistent with this Development Agreement, the amendment shall be determined to be an Administrative Amendment," and the City Manager shall approve the Administrative Amendment without notice and public hearing.
c) Any request by Developer for an amendment that is determined by the City Manager not to be an Administrative Amendment shall be subject to review, consideration, and action pursuant to the Applicable Law.
3.03 Operating Memoranda.
a) The provisions of this Development Agreement and the Project Approvals require Good Faith and Fair and Expeditious Dealing between City and Developer. The Parties acknowledge that, from time to time, clarifications ofthe provisions ofthis Development Agreement 66 561
and/or the Project Approvals may be necessary with respect to the details of performance of City and/or Developer. During the Term of this Development Agreement, ifthe Parties agree that such clarifications are necessary and appropriate, the Parties shall effectuate such clarifications through Operating Memoranda," which Operating Memoranda shall be a written memorial of such clarification, shall be signed by an authorized representative ofeach ofthe Parties (the City Manager shall be considered a representative authorized to execute such Operating Memoranda on behalf of City), and, which, after such Parties' execution, shall be attached as an addenda to this Development Agreement and become a part ofthe Applicable Law.
b) No such Operating Memoranda shall constitute an amendment to this Development Agreement requiring public notice or hearing. The City Manager, in consultation with the City Attorney, shall make the determination on behalf of City whether a requested clarification may be effectuated pursuant to this Section 3.03 or whether the requested clarification is of such a character as to constitute an amendment pursuant to Sections 3.01 and/or 3.02 above.
ARTICLE4
COVENANTS RUN WITH THE LAND; ASSIGNMENTS; DEFAULT, REMEDIES,
TERMINATION
4.01 Covenants Run with the Land; Assignments; Defaults. a) Any failure by City or Developer to perform any material term or provision of this Development Agreement, which failure continues uncured for a period of thirty (30) days following written notice of such failure from the other Party ( unless such period is extended by written mutual consent), shall constitute a default under this Development Agreement. Any notice given pursuant to the preceding sentence shall specify the nature of the alleged failure and, where appropriate, the manner in which such alleged failure satisfactorily may be cured. Ifthe nature of the alleged failure is such that it cannot reasonably be cured within such 30-day period, then the commencement of the cure within such time period, and the diligent prosecution to completion of the cure, thereafter, shall be deemed to be a cure within such 30-day period. b) No failure or delay in giving notice of default shall constitute a waiver of default; provided, however, that the provision of notice and opportunity to cure shall nevertheless be a prerequisite to the enforcement or correction ofany default. c) During any cure period specified under this Section and during any period prior to any delivery of notice of failure or default, the Party charged shall not be considered in default for purposes ofthis Development Agreement. Ifthere is a dispute regarding the existence of a default, the Parties shall otherwise continue to perform their obligations hereunder, to the maximum extent practicable in light of the disputed matter and pending its resolution or formal termination ofthis Development Agreement as provided herein. d) City shall continue to process in good faith development applications during any cure period but need not approve any such application ifit relates to a development proposal on the Property with respect to which there is an alleged default hereunder. e) In the event either Party is in default under the terms of this Development Agreement, the non-defaulting Party may elect, in its sole and absolute discretion, to pursue any of 67 562
the following courses of action: ( i) waive such default; ( ii) pursue administrative remedies, and/or iii) pursue judicial remedies.
f) Except as otherwise specifically stated in this Development Agreement, either Party may, in addition to any other rights or remedies, institute legal action to cure, correct, or remedy any default by the other Party to this Development Agreement, to enforce any covenant or agreement herein, to enjoin any threatened or attempted violation hereunder or to seek specific performance, or to seek damages where suffered. Nothing in this section shall be deemed to limit either Party's rights under the Tort Claims Act. For purposes of instituting a legal action under this Development Agreement, any City Council determination under this Development Agreement shall be deemed a final agency action.
g) This Development Agreement and all ofits provisions, agreements, rights, powers, standards, terms, covenants, obligations, and/or other benefits and burdens ( collectively, Benefits and Burdens") run with the Property and shall be binding upon and inure to the Property, and/or any lot, parcel or portion thereof ( collectively " Portion") and to the benefit and burden of the Parties, and their respective heirs, successors, assigns, devisees, administrators, representatives, lessees, and all other persons or entities ( by merger, consolidation or otherwise) acquiring the Property and/or any Portion, whether by sale, operation of law or in any manner whatsoever collectively, " Assignee").
h) The following shall apply relative to Developer and an Assignee:
1) Developer shall have the right to sell, assign, or transfer this Development Agreement ( with all or any part of its Benefits and Burdens) ( collectively, Assignment") to any Assignee acquiring a legal and/or equitable interest in the Property and/or any Portion thereof ( collectively, " Assignment Property"). An Assignment shall mean and include without limitation Developer assigning certain rights, title, and interests in this Development Agreement to an Assignee and its Assignment Property, while Developer retains certain obligations under this Development Agreement regarding the Assignment Property, and Developer assigning certain obligations under this Development Agreement to an Assignee regarding the Assignment Property, while Developer retains certain rights, title, and interests in this Development Agreement regarding the Assignment Property, and/or any combination of the forgoing. The below-described " Assignment Agreement" shall set forth such respective rights and obligations assigned and retained.
2) Developer shall provide City with written notice of any such Assignment of all or a Portion ofthe Property (i.e., the Assignment Property) no later than thirty 30) days prior to such Assignment, unless the Parties agree to a shorter time period. Developer shall provide the name, address, telephone numbers and other relevant contact information ofthe new Assignee. Failure to provide such written notice shall not be grounds for a Notice ofDefault.
Any proposed Assignment shall be subject to the express written consent of City, which consent shall be subject to this Development Agreement' s requirements of Good Faith and Fair and Expeditious dealing. City's consideration of the proposed Assignment shall be limited to the proposed Assignee's experience, financial resources and access to credit and capability to successfully carry out the development ofthe Portion ofthe Project (Property) to completion that is the topic of the proposed Assignment. Any Assignment involving AC-1 possessing an 68 r
563
ownership interest in the Assignee shall be approved by City. Any Assignment involving Brookfield Homes possessing an ownership interest in the Assignee shall be approved by City.
An Assignment to an Assignee shall be memorialized in an " Assignment Agreement," as addressed in Section 2.09 ofthis Development Agreement. Any reference to an " Assignment" in this Development Agreement shall assume the approval and execution of an Assignment Agreement by the Parties relative to such Assignment.
3) Upon approval of such Assignment Agreement form conformance by the City Attorney and execution of such Assignment Agreement, such Assignment Agreement shall control the benefits, burdens, and other terms and conditions ofthis Development Agreement with respect to both the Assignment Property that is the subject of said Assignment Agreement, and to the Property and/or Portion that is not the subject of said Assignment Agreement. For example, an Assignment Agreement that includes the express written assumption by the Assignee ofDeveloper's obligations under this Development Agreement shall release Developer from such obligations to the extent set forth in such Assignment Agreement, but shall not affect the Benefits and Burdens of other Portions of the Property not the subject of such Assignment Agreement. 4) Upon an Assignment, a default by any Assignee regarding any such Assignment shall only affect that Portion of the Property so assigned to such Assignee ( i.e., the Assignment Property) and shall not cancel or diminish in any way Developer' s rights hereunder with respect to the Property or Portion not assigned to such Assignee. Therefore, a default by any Assignee (" Defaulting Assignee") shall only affect the Assignment Property owned by such Defaulting Assignee, shall not be considered a default by Developer or any other Assignee who is not the Defaulting Assignee, shall not cancel or diminish in any way Developer' s or any other nondefaulting Assignee' s Benefits and Burdens rights hereunder, and otherwise shall not be considered a default by Developer or other Assignees who are not the Defaulting Assignee. 5) Any and all Assignee( s) shall be responsible for the reporting and Annual Review requirements of this Development Agreement relating to the Portion of the Property owned by such Assignee. Additionally, any amendment to this Development Agreement between City and Assignee shall only affect the Portion of the Property controlled by such Assignee.
4.02 Annual Review.
a) Commencing July 1st of calendar year 2020, and for each July 1st thereafter during the Term ofthis Development Agreement, City shall initiate the " Annual Review" by written notice to Developer. Upon receipt of such written notice, Developer shall furnish to City, by June 1st ofthat same calendar, a report demonstrating good faith compliance by Developer with the terms ofthis Development Agreement.
b) Following any such Annual Review, if Developer is determined to be in good faith compliance with the terms ofthis Development Agreement, City shall furnish Developer, upon Developer' s request, a certification of compliance in recordable form. c) Fallowing any such Annual Review, ifDeveloper is determined to not be in good faith compliance with the terms of this Development Agreement, City shall furnish to 69 564
Developer a notice of noncompliance, which shall be deemed a notice of default and shall commence the cure period set forth in Section 4.01 ofthis Development Agreement (above). d) IfCity fails to notify Developer in writing (following the date the Review meeting is to be held) ofthe City's determination as to compliance or noncompliance with the terms of this Development Agreement, such failure shall be deemed an approval by City of Developer' s current compliance with the terms of this Development Agreement. e) In addition to the Annual Review provided for in this Section 4.02, City may investigate or evaluate from time to time during the course of any given year, and regardless of whether such investigation or evaluation takes place as part of the Annual Review, any subject matter that is properly the subject ofan Annual Review.
4.03 Force Maieure Delay, Extension of Times of Performance. a) In addition to specific provisions of this Development Agreement, performance by either Party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, governmental entities other than City, its departments, agencies, boards and commissions, enactment of conflicting State or Federal laws or regulations, or litigation - including without limitation litigation contesting the validity, or seeking the enforcement or clarification of this Development Agreement whether instituted by Developer, City, or any other person or entity ( each a " Force Majeure Event").
b) Either Party claiming a delay as a result of a Force Majeure Event shall provide the other Party with written notice of such delay and an estimated length of delay. Upon the other Party' s receipt of such notice, an extension of time for performance shall be granted in writing for the period ofthe Force Majeure Event, or longer as may be mutually agreed upon by the Parties, unless the other Party objects in writing within ten (10) days after receiving the notice. In the event of such objection, the Parties shall meet and confer within thirty ( 30) days after the date of objection to arrive at a mutually acceptable solution to the disagreement regarding the delay. Ifno mutually acceptable solution is reached, either Party may take action as permitted under this Development Agreement.
c) Upon mutual agreement of the Parties in writing, the Term of this Development Agreement shall be extended by that time period that the Parties mutually agree to be the length of the time delay caused by the Force Majeure Event.
4.04 Legal Actions.
a) In the event of any administrative, legal, or equitable action or other proceeding instituted by any person, entity or organization ( that is not a Party to this Development Agreement) challenging the validity of this Development Agreement, any Project Approval, or the sufficiency of any environmental review under CEQA during the Term of this Development Agreement (" Third- Party Challenge"), this Section 4. 04 shall apply. b) The Parties shall mutually cooperate with each regarding such other in the defense of any such Third- Party Challenge and shall discuss and determine how to fund the defense 70 565
against such Third-Party Challenge. City shall tender the complete defense of any such ThirdParty Challenge to Developer (" Tender"), and upon acceptance of such Tender by Developer, Developer shall control all aspects of the defense. If City wishes to assist Developer when Developer has accepted the Tender, City may do so, and Developer shall coordinate with City in such regard.
c) Ifany part of this Development Agreement ( including, without limitation, any part of the exhibits and attachments thereto) or any Project Approval is held by a court of competent jurisdiction to be invalid, all ofthe following shall apply:
1) City shall use its best efforts to sustain and/or re-enact that part of this Development Agreement and/ or Project Approval.
2) City shall take all steps possible to cure any inadequacies or deficiencies identified by the court in a manner consistent with the express and implied intent of this Development Agreement, and then adopting or re- enacting such part of this Development Agreement and/or Project Approval as necessary or desirable to permit execution of this Development Agreement and/or Project Approval.
d) If despite such efforts such part of this Development Agreement and/or Project Approval cannot be cured and/ or re-enacted or re-adopted, and such invalidity or unenforceability would have a material adverse impact on the Developer, by depriving Developer of a material benefit of this Development Agreement, then Developer may terminate this Development Agreement by providing written notice thereof to the City, and upon such termination, Developer shall no longer be subject to the benefits and burdens of this Development Agreement. e) Ifany term or provision ofthis Development Agreement, or the application of any term or provision of this Development Agreement to a specific situation, is otherwise found to be invalid, void, or unenforceable, the remaining terms and provisions of this Development Agreement, or the application ofthis Development Agreement to other situations, shall continue in full force and effect. However, again, if such invalidity or unenforceability would have a material adverse impact on the Developer, by depriving Developer of a material benefit ofthis Development Agreement, then Developer may terminate this Development Agreement by providing written notice thereof to the City, and upon such termination, Developer shall no longer be subject to the benefits and burdens of this Development Agreement.
4.05 Estoppel Certificate.
a) Any Party may, at any time, and from time to time, deliver written notice to any other Party requesting such Party to certify in writing that, to the knowledge of the certifying Party:
1) This Development Agreement has not been amended or modified either orally or in writing or if so amended, identifying the amendments. 2) This Development Agreement is in effect and the requesting Party is not known to be in default of the performance of its obligations under this Development Agreement, or if in default, to describe therein the nature and amount of any such defaults. 71 566
b) Such a written certification shall be known as an " Estoppel Certificate." A Party receiving a request hereunder shall execute and return such Estoppel Certificate within thirty 30) days following the receipt thereof, unless the Party in order to determine the appropriateness of the Estoppel Certificate, shall promptly commence and proceed to conclude a review pursuant to the provisions of Section 4.04 hereof. The Parties acknowledge that an Estoppel Certificate hereunder may be relied upon by Assignees and other persons having an interest in the Project, including holders of mortgages and deeds of trust. The City Manager shall be authorized to execute for City. c) If a Party fails to deliver an Estoppel Certificate within the thirty ( 30) day period, the Party requesting the Estoppel Certificate may deliver a second notice ( the " Second Notice") to the other Party stating that the failure to deliver the Estoppel Certificate within ten ( 10) working days following the receipt of the Second Notice shall constitute conclusive evidence that this Development Agreement is without modification and there are no unexcused defaults in the performance of the requesting Party. Failure to deliver the requested Estoppel Certificate within the ten ( 10) working day period shall then constitute conclusive evidence upon the Party which fails to deliver such certificate that this Development Agreement is in full force and effect without modification and there are no unexcused defaults in the performance of the requesting Party.
ARTICLES
MORTGAGE RIGHTS AND OBLIGATIONS
5.01 Encumbrances on the Property.
a) The Parties hereto agree that this Development Agreement shall not prevent or limit Developer, in any manner, at Developer' s sole and absolute discretion, from encumbering the Property, or any portion thereof or any improvements thereon with any Mortgage securing financing with respect to the construction, development, use or operation of the Project. City acknowledges that Mortgagee may require certain modifications to this Development Agreement, and City shall, upon request, from time to time to meet with Developer and/ or representatives of any such Mortgagee shall negotiate in good faith any such request for modification or subordination. b) City shall not unreasonably withhold its consent to any such requested modification to this Development Agreement provided such modifications are processed in accordance with the procedures for amendment of this Development Agreement. c) Any Mortgagee, and/ or its successors and assigns, that comes into possession of the Property and/ or any portion thereof shall be entitled to the rights, privileges and obligations set forth in this Development Agreement regarding such Property and/ or any portion thereof, including, without limitation, the right to cure any and all Defaults.
5.02 Obligations and Rights of Mortgage Lenders.
a) The non- possessory holder of any mortgage, deed of trust or other security arrangement with respect to the Property, or any portion thereof, shall not be obligated under this Development Agreement to construct or complete improvements or to guarantee such construction or completion, but shall otherwise be bound by all of the terms and conditions of this Development Agreement which pertain to the Property or such portion thereof in which it holds an interest. 72 567
b) Any such holder who comes into possession ofthe Property, or any portion thereof, pursuant to a foreclosure ofa mortgage or a deed oftrust, or deed in lieu ofsuch foreclosure, shall take the Property, or such portion thereof, subject to any and all applicable obligations ofthis Development Agreement ( including without limitation pro rata claims for payments or charges against the Property, or such portion thereof), which accrue prior to the time such holder comes into possession.
c) Nothing in this Development Agreement shall be deemed or construed to permit or authorize any such holder to devote the Property, or any portion thereof, to any uses, or to construct any improvements thereon, other than those uses, and improvements provided for or authorized by this Development Agreement, subject to all of the terms and conditions of this Development Agreement.
6.01 Miscellaneous.
ARTICLE 6
GENERAL PROVISIONS
a) Preamble , Recitals , Exhibits. References herein to this " Development Agreement" shall include the Preamble, Recitals, and all of the exhibits of this Development Agreement.
b) Governing Law and Attorneys' Fees. This Development Agreement shall be construed and enforced in accordance with the laws of the State of California. Developer acknowledges and agrees that City has approved and entered into this Development Agreement in the sole exercise of their respective discretion and that the standard of review of the validity and meaning ofthis Development Agreement shall be that accorded legislative acts of City. Should any legal action be brought by a Party for breach of this Development Agreement or to enforce any provision herein, the prevailing Party of such action shall be entitled to reasonable attorneys' fees, court costs, and such other costs as may be fixed by the court. c) Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the development ofthe Property is a separately undertaken private development. No partnership, joint venture, or other association of any kind between Developer, on the one hand, and City on the other hand, is formed by this Development Agreement.
The only relationship between City and Developer is that of a governmental entity regulating the development ofprivate Property and the Developers of such private Property. d) Construction. As used in this Development Agreement, and as the context may require, the singular includes the plural and vice versa, and the masculine gender includes the feminine and neuter and vice versa.
e) Notices. All notices, demands, or other communications which this Development Agreement contemplates or authorizes shall be in writing and shall be personally delivered or mailed to the respective Party as follows:
Ifto City:
City ofAmerican Canyon
73 568
Attention: City Manager
4381 Broadway Street, Suite 201
American Canyon, CA 94503
707) 647-4360
With a Co py To:
City ofAmerican Canyon
Attention: City Attorney
400 Lambert Avenue
Palo Alto, CA 94306
650) 843-8080
If to Develo per:
Terrence McGrath
American Canyon 1, LLC
c/o McGrath Properties, Inc.
1001 42nd Street, Suite 200
Oakland, CA 94608
510) 273-2010
Any Party may change the address stated herein by giving notice in writing to the other Parties, and thereafter notices shall be addressed and transmitted to such new address. Any notice given to the Developer as required by this Development Agreement shall also be given to all other signatory Parties hereto and any lender which requests that such notice be provided. Any signatory Party or lender requesting receipt of such notice shall furnish in writing its address to the Parties to this Development Agreement.
f) Recordation. The Clerk of the City shall record, within ten (10) days after the Effective Date, a copy ofthis Development Agreement in the Official Records ofthe Recorder' s Office ofNapa County. Developer shall be responsible for all recordation fees, ifany. g) Jurisdiction and Venue. The interpretation, validity, and enforcement of this Development Agreement shall be governed by and construed under the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Development Agreement shall be filed and heard in a court of competent jurisdiction in Napa County. h) Waivers. Waiver of a breach or default under this Development Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach ofthe same or any other provision ofthis Development Agreement.
i) Entire Agreement. This Development Agreement may be executed in multiple originals, each of which is deemed to be an original. This Development Agreement, including these pages and all the exhibits ( set forth below) inclusive, and all documents incorporated by reference herein, constitute the entire understanding and agreement ofthe Parties.
G) Signatures. The individuals executing this Development Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Development Agreement on behalf of the respective legal entities of Developer and 74 569
City. This Development Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns, as set forth in this Development Agreement. k) Exhibits. The following exhibits are attached to this Development Agreement and are hereby incorporated herein by this reference for all purposes as ifset forth herein in full:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Property Depiction and Legal Description
Dedications; Master Backbone Infrastructure
City Fees
City Resolution No. 2018-105
IN WITNESS WHEREOF, City and Developer have executed this Development Agreement as ofthe date first hereinabove written.
City":
CITY OF AMERICAN CANYON,
a municipal corporation
By: L ~ G~q
LeonGarcia, Mayor
ATTEST:
By:
APPROVED AS TO FORM:
By:
William D. Ross, City Attorney
Developer":
AC-1"
AMERICANC YON I, LLC, A DELAWARE LIMITED LIABILITY COMPANY By:
Name:
Its:
J~J~c
Terrence McGrath
Managing Member Its:
75 570
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 Anotary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
ounty of _a,...~....,.., h""'""~~ lb-------
On :: S:: ltJ \ A \q . 2-b lq before me, ~~~ QJ(_.__(_ j;___ r- .. --=-.... Joo<. l,L......___.__--l---'---3"~----- 1---'~~ Date Here Insert Name and Title of the O
personally appeared i~()Y:) b fArt,,u::,....._
Name{, slfof Signerpr
who proved to me on the basis of satisfactory evidence to be the person~ whose namelare subscribed to the within instrument and acknowledged to me tha e she/ they executed the same i i her/ their authorized capacity~ and that b~ er/ their sign~~ on the instrument the person , or the entity upon behalf of which the person(~ ed, executed the instrument.
Place Notary Seal and/ or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signatur£) -
Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Do. cument A--G-" f) ~
Title or Type of Document: ~~ Mtd ~l.Sl.rv'lt& - 4-' Y ~ DocumentDate: Jl&\7 \i;}itif ~ NumberofPages: ___ _
Signer( s) Other Than Named Above: _______________________ _ Capacity( ies) Claimed by Signer( s)
Signer' s Name: Signer' s Name:
Corporate Officer - Title( s): ______ _ Corporate Officer - Title( s): ______ _ Partner - Limited General Partner - Limited General
Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian of Conservator Trustee Guardian of Conservator Other: Other:
Signer is Representing: _________ _ Signer is Representing: _________ _ 2017 National Notary Association
571
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of Califo ~ ~
County of __ ~----............ -=---- a---.---------)
On ~ I 7, ~ 0/' 7 before me, _/ 4 ___________ ~...__ 1--:
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personally appeared _ ___ j,4-JL:£::.~-~::::::!::~'=- L------------------- who proved to me on the sis of satis cto evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _~_-___ } fJ __ . -~-/--, __ ..... ( Seal)
SANDRA M. QUINN
Notary Public - California
San Diego County
Commission # 2222926
My Comm. Expires Nov 23. 2021
572
ALL-PURPOSE ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Atlwu/{, 1,->
On Ji~ //,-,. kJ/ l • before me, V.Su II
personall: appeared ~ 2~ / 71 C. G'.A:J'd:l
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Notary Public ,
who proved to me on the basis of satisfactory evidence to be the p~( s) whose name( s) ,. Ware subscribed to the within instrument and acknowledged to me that e/they executed the same in his/her/ their authorized capacity( ies), and that by his/her/ their signature( s) on the ins~ ent the, person( s), or tlie entity upon behalf of -------. . which the person( s) acted, executed the instrument. ~---- I certify under PENALTY OF PERJURY under the laws of State of California that the fore going paragraph is true and correct.
I J. SCOTT · · 7
0 Commission No. 2211510 ~
0 NOTARY PUBLIC- CALIFORNIA 0
Z ALAMEDA COUNTY ..., WITNESS my hand d official seal.
y Comm. Expires SEPTEMBER' 22, 2021
PLACE NOTARY SEAL ABOVE
Though the information below is not required by law, it may- prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of attached document
Title or type of document: ,.
1J.a t4e Cc-pn1~1f ,~ 11.£ R- mhL1/ ~ a /41 J/ hu4i.Lc~ J J
Document Date: O'J,/tt;._/<?-o 1"7 Number ofPages: __ 7_f, ___ _ Signer( s) Other than Named Above: ______ r ______________ _ 573
Table of Contents
RECITALS ................................................................................................................ 2 ARTICLE 1 DEFINITIONS AND TERM ................................................................................... 5
1.01 Definitions ............................................................................................................. 5
1.02 Term .................................................................................................................... 16
1.03 Controlling Nature ofthis Development Agreement. ......................................... 18 ARTICLE 2 APPLICABLE LAW ............................................................................................. 19
2.01 Applicable Law .................................................................................................... 19
2.02 Vested Right to Applicable Law ......................................................................... 20
2.03 New City Law(s) ................................................................................................. 21
2.04 Good Faith and Fair and Expeditious Dealing; Processing ................................ 25
2.05 Requirements ofDevelopment Agreement Statute ............................................. 28
2.06 Timing of Development; Phasing; Initial Access to AC-1 Property .................. 29
2.07 Additional Developer Obligations and Permitted Acts ...................................... 33
2.08 Additional City Obligations and Permitted Acts ................................................ 55
2.09 Subsequent Project Conditions ofApproval and Agreements ............................ 63 ARTICLE 3 AMENDMENT OF DEVELOPMENT AGREEMENT AND
SUBSEQUENT APPROVALS .................................................................................................. 66
3.01 Amendment ofDevelopment Agreement. .......................................................... 66
3.02 Amendments of Project Approvals ..................................................................... 66
3. 03 Operating Memoranda ........................................................................................ 66 ARTICLE 4 COVENANTS RUN WITH THE LAND; ASSIGNMENTS; DEFAULT, REMEDIES, TERMINATION ................................................................................................... 67
4.01 Covenants Run with the Land; Assignments; Defaults ...................................... 67
4.02 Annual Review .................................................................................................... 69
4.03 Force Majeure Delay, Extension of Times ofPerformance ............................... 70
4.04 Legal Actions ...................................................................................................... 70
4.05 Estoppel Certificate ............................................................................................. 71 ARTICLE 5 MORTGAGE RIGHTS AND OBLIGATIONS .................................................... 72
5.01 Encumbrances on the Property ........................................................................... 72
5.02 Obligations and Rights of Mortgage Lenders ..................................................... 72 ARTICLE 6 GENERAL PROVISIONS ............................................... ~ .................................... 73
6.01 Miscellaneous ..................................................................................................... 73 76 574
Exhibit A
Property Depiction and Legal Description
575
J
AC-1 Property:
APN 059-020-031
APN 059- 020- 039
APN 059- 020- 040
Newell Property:
APN 059- 030- 005
Exhibit A-1
AC-1 Property
APN
059-02(}-{)39
APN
059--02Q-{)31
Newell
Property
Exhibit A-l
AC-1 & Newell Properties
Watson Ranch
CITY OF AMERICAN CANYON NAPACOUNTY CALIFORNIA
DATE: MAY 30,2019 SCALE: 1"=1000'
m IcbgI ~:..a~ CIVIL ENGINEERS • SURVEYORS • PLANNERS
A-1
576
LEGAL DESCRIPTION
The land referred to in this report is situated in the City ofAmerican Canyon, County ofNapa, State of California, and is described as follows:
TRACT ONE:
PARCEL ONE:
Being all ofTract Two, as said Tract Two is described in that certain Grant Deed to Jaeger- Basalt LLC, recorded January 23, 2004, in Document No. 2004-0002720 ofOfficial Records, in the office ofthe County Recorder of Napa County and more particularly described as follows:
Beginning at the intersection of the eastern line ofthe Southern Pacific Railroad right ofway with the northeast extension of the monumented centerline of South Napa Junction Road as said road is shown on Map No. 2486 entitled, " Parcel Map of a portion of the lands of S. Mark Taper", recorded February 15, 1974 in Book 5 ofParcel Maps at page 98 in the office of the County Recorder of said Napa County; thence from said intersection, North 80' 04' 36" East 1415.27 feet along said northeast extension to a 3/4" iron pipe and tag, L.S. 3801; thence North 5' 23' 13" East 749. 40 feet to a 3/4" iron pipe and tag, L.S. 3801; thence North 87' 57' 35" West 1418. 53 feet to said eastern line ofthe Southern Pacific right of way; thence along said right of way, North 2' 30' 00" East 6.4 chains, more or less, to a stake marked 1 on the west line of the 168.45 acre tract ofland conveyed to John Watson by Deed ofrecord in Book P of Deeds, at page 133, said Napa County Records; thence North 80' 14" 00" East 29 chains to a stake marked 2 on the east line of said 168.45 acre tract; thence along said east line, South 17' 25' 00" East 19.36 chains to a stake and South 6' 48' 00" East 2.55 chains to the northeast comer ofLot 17 as said lot is shown on the map entitled, " Map of Bella Vista Ranch", recorded December 13, 1964 in Book 1 of Maps at page 66 in the office of the County Recorder of said Napa County; thence along the easterly and southerly lines of said Lot 17, South 6' 53' 00" East 7.06 chains and North 88' 23' 00" West 19.25 chains to the southwest comer thereof in the center of Center Street; thence along the center of said street, South 6' 23' 00" East 7 .23 chains to the southeast comer of Lot 18 shown on said map ofBella Vista Ranch; thence along the southerly line of said lot, South 84' 04' 00" West 18.52 chains to said eastern right ofway line; thence North 2' 34' 00" East 620 feet, more or less, to the point ofbeginning.
PARCEL TWO:
Being a portion ofthat certain parcel ofland granted to Jamcan, LLC, by deed recorded December 30, 2005, in Document No. 2005-0053462 of Official Records, in the office ofthe County Recorder ofNapa County, more particularly described as follows:
Beginning at the southwestern corner of said parcel of land ( 2005- 0053462); Thence, from said point ofbeginning, along the boundary line of said parcel ofland, the following nine (9) courses:
North 02°30'00" East 2,166.78 feet,
North 05°15'00" East 264.00 feet,
North 07°30'00" East 132.00 feet,
North 08°45'00" East 132.00 feet,
North 11°45'00" East 612.48 feet,
A-2
577
North 90°00'00" East 784.74 feet,
North 00° 00'00" East 33.00 feet,
North 00°26'40" East 660.00 feet, and
North 90°00' 00" East 441.43 feet;
Thence, leaving said boundary line, South 46°26'18" East 458.92 feet; Thence, along the arc ofa tangent 1,560.00 foot radius curve to the right, through a central angle of36°33'14", an arc distance of995.26 feet;
Thence, South 09°53'04" East 597.78 feet;
Thence, along the arc of a tangent 3,062.00 foot radius curve to the right, through a central angle of03°53'47", an arc distance of 208.23 feet;
Thence, South 05°59' 17" East 312.38 feet to a point on said boundary line; Thence, along said boundary line, the following three (3) courses:
North 90°00'00" West 1,014.49 feet,
South 17°25'00" East 1,438.14 feet, and
South 80°14'00" West 1,914.00 feet to said point ofbeginning.
APN: 059-020-039 & - 040
TRACT TWO:
Beginning at the intersection ofthe Eastern line of the Southern Pacific Railroad right ofway with the Northeast Extension of the monumented centerline ofSouth Napa Junction Road as said road is shown on map number 2486 entitled " Parcel Map of a portion ofthe lands of S. Mark Taper", recorded February 15, 1974 and filed in Book 5 ofParcel Maps, at page 98 in the Office ofthe Napa County Recorder; thence from said intersection, North 80° 04' 36" East 1415.27 feet along said Northeast extension to a 3/4" iron pipe and tag, L.S. 3801; thence North 5° 23' 13" East 749.40 feet to a 3/4" iron pipe and tag, L.S. 3801; thence North 97° 57' 35" West 1418.53 feet to said Eastern line of the Southern Pacific right ofway; thence along said right ofway, South 2° 34' 36" West 1041.54 feet to the point ofbeginning.
APN 059-020-031
A-3
578
J
ExhibitA- 2
AC-1 Property
Newell
Property
Exhibit A-2
Adobe Property
Watson Ranch
CITY OF AMERICAN CANYON NAP A COUNTY CALIFORNIA
A-4
DATE: MAY 30, 2019 SCALE: 1"=1000'
b
SAN RAMON ( 925) 866- 0322 C g SACRAMENTO ( 916) 375- 1an CIVIL ENGINEERS SUR::;:: D~. c=~ ANNERS
579
ExhibitB
Dedications; Master Backbone Infrastructure
Sub- Topic Sub- Exhibit B
Newell Drive Roadway Improvements 8-1
Rio Del Mar ( At-Grade RRX) 8-2
Rio Del Mar ( Grade- Separated RRX) 8-3
SR 29 I Rio Del Mar Tie-In 8-4
South Napa Junction ( Grade- Separated RRX) 8-5
SR 29 I South Napa Junction Tie- In 8-6
Loop Road Improvements 8-7
Rolling Hills Drive Improvement 8-8
Parks, Trails and Plaza 8-9
580
GREEN ISLAND)
ROAD
Legend
D NEWELL DRIVE SEGMENT 1
2) NEWELL DRIVE SEGMENT 2
Q) NEWELL DRIVE SEGMENT 3
G) NEWELL DRIVE SEGMENT 4
@ NEWELL DRIVE SEGMENT 5
Exhibit B-1
LOOP R_OAD
Watson Ranch
Specific Plan
B-1
Exhibit B-1
Newell Drive
Roadway Improvements
Watson Ranch
CITY OF AMERICAN CANYON NAPA COUNTY CALIFORNIA
DATE: MAY21, 2019 SCALE: 1"= 10001
C g SACRAMENTO ( 916) 375- 1877
m
b
SAN RAMON ( 925) 866- 0322
CIVIL ENGINEERS SUR::;:: ND~.c:: NNERS
581
Legend
Exhibit B-2
LOOP ROAD
Watson Ranch
Specific Plan
Exhibit B-2
Rio Del Mar
At-Grade RRX)
Watson Ranch
D AT-GRADE RIO DEL MAR SEGMENT 1
2) AT-GRADE RIO DEL MAR SEGMENT 2
CITY OF AMERICAN CANYON NAPA COUNTY CALIFORNIA
AT-GRADE RIO DEL MAR RRX SEGMENT
CT) AT-GRADE RIO DEL MAR SEGMENT 3
G) AT-GRADE RIO DEL MAR SEGMENT 4
@ AT-GRADE RIO DEL MAR SEGMENT 5
B-2
DATE: MAY 21, 2019 SCALE: 1"= 1000'
b
SAN RAMON ( 925) 866- 0322 C g SACRAMENTO ( 916) 375- 1877 CIVIL ENGINEERS • SUR::;:: o~.c:: NNERS
582
J
Exhibit B-3
LOQP R_QAD
Watson Ranch
Specific Plan
Exhibit B-3
Rio Del Mar
Legend
@ GRADE-SEPARATED RIO DEL MAR SEGMENT A
GRADE-SEPARATED RIO DEL MAR SEGMENT 8
Grade-Separated RRX)
Watson Ranch
GRADE-SEPARATED RIO DEL MAR RRX SEGMENT CITYOFAMERICANCANYON NAPACOUNTY CALIFORNIA
GRADE- SEPARATED RIO DEL MAR SEGMENT C
GRADE- SEPARATED RIO DEL MAR SEGMENT D
CD GRADE- SEPARATED RIO DEL MAR SEGMENT E
B-3
DATE: MAY21,2019 SCALE: l1'=l0001
g SACRAMENTO ( 916) 375- 1877
m
Cb
SAN RAMON ( 925) 886- 0322
CIVIL ENGINEERS SUR::;:: ND~. c:: NNERS
583
J
3j
SR 29
RIO DEL MAR
TIE-IN
Exhibit B-4
LOOP ROAD
Watson Ranch
Specific Plan
Exhibit B-4
SR 29 / Rio Del Mar Tie-in
8-4
Watson Ranch
CITY OF AMERICAN CANYON NAPA COUNTY CALIFORNIA
DATE: MAY21, 2019 SCALE: 1"=1000' ·
b
SAN RAMON ( 925) 866- 0322 C g SACRAMENTO ( 916) 375- 1677 CIVIL ENGINEERS SUR=::: o~.c:: NNERS
584
J
3J
AT-GRAD
Legend
Exhibit B-5
LOOP ROAD
Watson Ranch
Specific Plan
Exhibit B-5
South Napa Junction
At-Grade RRX)
Watson Ranch
CD AT-GRADE SOUTH NAPA JUNCTION SEGMENT 1
V AT-GRADE SOUTH NAPA JUNCTION SEGMENT 2
CITY OF AMERICAN CANYON NAP A COUNTY CALIFORNIA
AT-GRADE SOUTH NAPA JUNCTION RRX SEGMENT
Q) AT-GRADE SOUTH NAPA JUNCTION SEGMENT 3
G) AT-GRADE SOUTH NAPA JUNCTION SEGMENT 4
@ AT-GRADE SOUTH NAPA JUNCTION SEGMENT 5
8- 5
DATE: MAY21 , 2019 SCALE: 1"=1000'
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CIVIL ENGINEERS • SURVEYORS • PLANNERS
585
J
SR 29/
SOUTH NAPA
JUNCTION TIE- IN_
Exhibit B-6
LOOP RQAD
Watson Ranch
Specific Plan
f (~·
Exhibit B-6
SR29/
South Napa Junction
Tie-In
Watson Ranch
CITY OF AMERICAN CANYON NAPA COUNTY CALIFORNIA
DATE: MAY21, 2019 SCALE: 1"=1000'
cbg ==.:';;, :::::
rn. CIVll ENGINEERS • SUR=:::~· c;:,NERS
B-6 586
J
3J
Legend
D LOOP ROAD SEGMENT 1
2) LOOP ROAD SEGMENT 2
G) LOOP ROAD SEGMENT 3
Exhibit B-7
son Ranch
ecific Plan
Exhibit B-7
Loop Road Improvements
Watson Ranch
CITY OF AMERICAN CANYON NAPA COUNTY CALlFORNIA
DATE: MAY21 , 2019 SCALE: 1"=1000'
cbg ==~ ;.::: .
m CIVIL ENGINEERS • SUR:::;:::·::,,NERS
B-7
587
J
Legend
Exhibit B-8
LOOP R.OAD
Watson Ranch
Specific Plan
Exhibit B-8
Rolling Hills Drive Improvements
Watson Ranch
CITY OF AMERICAN CANYON NAP A COUNTY CALIFORNIA
ROLLING HILLS DRIVE IMPROVEMENTS
DATE: MAY21, 2019 SCALE: 1"= 10001
8- 8
b
SAN RAMON ( 925) 866- 0322 C g SACRAMENTO ( 918) 375- 1877 CIVIL ENGINEERS SUR::;::~. c;: NNERS
588
Exhibit B-9
J
Legend
CI) PARK A (AC-1 PROPERTY) Exhibit B-9
CV PARK A (NEWELL PROPERTY)
PARK B (AC-1 PROPERTY)
Parks, Trails and Plaza
G) PARK B (NEWELL PROPERTY)
@ NAPA VALLEY VINE TRAIL ( AC-1 PROPERTY)
NAPA VALLEY VINE TRAIL ( NEWELL PROPERTY)
J) COMMUNITY PLAZA
@ QUARRY LAKE PARK
8- 9
Watson Ranch
CITY OF AMERICAN CANYON NAPA COUNTY CALIFORNIA
DATE: MAY 21, 2019 SCALE: 1"= 1000'
m
b
SAN RAMON ( 925) 866- 0322
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CIVIL ENGINEERS SURVEYORS PLANNERS
589
Exhibit C
City Fees
590
Exhibit C
SECTION 1: The 2017 Traffic Impact Fees as shown on the table below:
2017 Traffic Impact Fee
Land Use ·
Traffic Impact Fee
Per Net New Daily Trip
All $ 574. 85
SECTION 2: The 2017Water Capacity Fees as shown on the table below:
2017 Water Capacity Fee
Land Use Units EDU
Water Capacity
Fee
Single Family each 1.00 $ 14,441
Multi'.' Family uriit 0.65 $ 9,386
Commercial/ Industrial gpd n/a $ 21.24
SECTION 3: The 2017 Wastewater Capacity Fees as shown on the table below:
2017 Wastewater Capacity Fee
Land Use Units EDU
Wastewater
Capacity Fee
Single Family each 1.00 $ 9,959
Multi-Family unit 0.65 $ 6,473
Commercial/ Industrial gpd n/ a $ 33. 20
SECTION 4: The 2017 Parks & Recreation Fees as shown on the table below:
2017 Parks & Recreation Fee
Parks and Recreation
Parks & Recreation Fee
Per Dwelling Unit
Parkland Acquisition $ 2,010. 97
Parkland Development $ 2,285. 91
Community Gym $ 787. 31
Aquatic Center/ Pool $ 266. 60
Aquatic Center/ Slide $ 56.24
Total - Park and Rec Fees $ 5,_407
C-1 591
SECTION 5: The 2017 Civic Facility Fees as shown on the table below:
2017 Civic Facility Fee
Civic Facility Fee Civic Facility Fee
Civic Facility Fee
Civic Facilities Per Residential Per CommercJal
Unit Sqft
Per Office Sqft
City Hall Expansion $ 261. 40 $ 0.14 $ 0.27
Police Station $ 79. 15 $ 0.04 $ 0~()8
Aquatic Center Offices $ 242. 65 $ 0.04 $ 0.06
Construction - City
Library $ 915. 40 $ 0.14 $ 0.23
Corp Yard Expansion and
offsite improvements $ 71.86 $ 0.01 $ 0.04
Total • Civic Facilities $ 1,570. 46 $ 0.36 $ 0. 69
SECTION 6: The 2017 General Plan Update Fees as shown on the table below:
2017 General Plan Update Fee
Land Use Units
General Plan
Update Fee
Residential Per DU $ 83. 31
Commercial, Office,
Per Sqft $ 0.0104
Industrial
SECTION 7: The 2017 General Plan Update Fees as shown on the table below:
2017 Affordable Housing Nexus Fee
Affordable
Type of Use Housing Nexus Fee
Per Gross Sqft
Residential, Single Family, Townhouse $ 3.05
Residential, Stacked Flats, Apartment $ 3.55
Office $ 0.76 ~
Hotel $ 0.76
Retail $ 0.76
Warehouse $ 0.51
Industrial $ 0.51
AIJ Other Nonresidential $ 0.76
C-2
Civic Facility Fee
Per Industrial
Sqft
0.094
0.042
0.010
0.083
0.010
0.24 592
Residential Building Plan Review Fees
SINGLE- FAMILY Fees Per Unit Notes
Minimum; any cost in excess of
1 - 1,500 square feet 631.00 $ 631 is to be charged to applicant based on the FB Hourly Rate
Minimum; any cost in excess of
1,501 - 3,000 667.00 $ 667 is to be charged to applicant based on the FB Hourly Rate
Minimum; any cost in excess of
3,001 - 4,500 779.00 $ 779 is to be charged to applicant based on the FB Hourl y Rate
Minimum; any cost in excess of
4,501 - 6,000 870.00 $ 870 is to be charged to applicant based on the FB Hourl y Rate
Minimum; any cost in excess of $53
6,001 + square feet - Additional time per 200 square feet 53.00 is to be charged to applicant based on the FB Hourly Rate
Minimum; any cost in excess of
After Model Plan Review Fee 146.00 $ 146 is to be charged to applicant based on the FB Hourly Rate
MULTl-FAMILY Fees Per Building Notes
Minimum; any cost in excess of
1 - 5000 square feet 2,302.00 $ 2302 is to be charged to applicant based on the FB Hourl y Rate
Minimum; any cost in excess of
5001 - 10,000 3,136.00 $ 3136 is to be charged to applicant based on the FB Hourly Rate
Minimum; any cost in excess of
10,001 - 15,000 4,693.00 $ 4693 is to be charged to applicant based on the FB Hourly Rate
Minimum; any cost in excess of
15,001 - 30,000 6,290.00 $ 6290 is to be charged to applicant based on the FB Hourly Rate
Minimum; any cost in excess of
30,001 - 50,000 8,660.00 $ 8660 is to be charged to applicant based on the FB Hourly Rate
50,001 + square feet - Additional time per 5,000 square Minimum; any cost in excess of
531.00 $ 531 is to be charged to applicant
feet
based on the FB Hourly Rate
Minimum; any cost in excess of
After Model Plan Review Fee 232.00 $ 232 is to be charged to applicant based on the FB Hourly Rate
C-3
593
ExhibitD
City Resolution 2018- 105
594
Exhibit D
RESOLUTION NO. 2018- 105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON APPROVING GOALS AND
POLICIES FOR COMMUNITY FACILITIES DISTRICTS CREATED PURSUANT TO THE MELLO- ROOS COMMUNITY FACILITIES ACT OF 1982
WHEREAS, Section 53312. 7(a} of the California Government Code requires that the City of American Canyon ( the " City11 consider and adopt goals and policies concerning the use of the Mello- Roos Community Facilities Act of 1982 ( the " Act") prior to the initiation of proceedings on or after January 1, 1994 to establish a new community facilities district ( 11CFD 11 under the Act; and WHEREAS, a form of goals and policies ( the " Goals and Policies1 are attached as Exhibit A hereto; and WHEREAS, these Goals and Policies for Community Facilities Districts provide guidance and conditions for the conduct by the City of proceedings for, and the issuance of bonds secured by special taxes levied in, a CFD; and
WHEREAS, the Goals and Policies are applicable to financings under the Act and are intended to comply with Section 53312. 7 (a) of the Government Code.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon hereby approves the Goals and Policies for Community Facilities Districts created pursuant to the Provisions of the MelloRoos Community Facilities Act Of 1982, attached hereto as Exhibit A, and are found to meet the requirements of the Act and are adopted by this Council for purposes of compliance with the Act, subject to further amendment by this Council as may be required from time to time.
PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 18th day of September, 2018, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Council Members Aboudamous, Joseph, Oro, Vice Mayor Leary and Mayor Garcia None
None
None
Leon Garcia, Mayor
Attachments - Exhibit A - Goals and Policies
D-1
595
I. GENERAL.
Exhibit D
CITY OF AMERICAN CANYON
LOCAL GOALS AND POLICIES FOR
COMMUNITY FACILITIES DISTRICTS
Exhibit A
Section 53312. 7(a) of the California Government Code requires that the City of American Canyon the " City") consider and adopt local goals and policies concerning the use of the Mello- Roos Community Facilities Act of 1982 ( the
11 Act
11 prior to the initiation of proceedings on or after January 1, 1994 to establish a new community facilities district (" CFO") under the Act.
These Local Goals and Policies for Community Facilities Districts ( the " Policies") provide guidance and conditions for the conduct by the City of proceedings for financing facilities and/ or services through the levy of special taxes in a CFD, and to issue bonds to finance such facilities. The Policies are intended to be general in nature; specific details will depend on the nature of each particular financing and variances may be appropriate as determined by staff. The Policies are applicable to financings under the Act and are intended to comply with Section 53312. 7 (a) of the Government Code. These Policies shall not apply to any assessment financing or any certificate of participation or similar financings involving leases of or security . in public property. The Policies are subject to amendment by the City Council at any time.
11. FINANCING PRIORITIES.
Eligible Facilities. The improvements eligible to be financed by a CFD must be owned by a public · agency or public utility and must have a useful life of at least five years, except that up to five percent of the proceeds of an issue may be used for facilities owned and operated by a privately- owned public utility .
The development proposed within a CFD must be consistent with the City1s general plan and must have received any required legislative approvals such as zoning or specific plan approvals. A CFO shall not vest any rights to future land use on any properties, including those which are responsible for paying special taxes. Facilities eligible to be financed by a CFD include all those allowed under the Act.
It is acknowledged that the Act permits the financing of fee obligations imposed by governmental agencies the proceeds of which fees are to be used to fund public capital improvements of the nature listed above. The City will consider an application to finance fee obligations on a case- by-case basis.
The funding of public facilities to be owned and operated by public agencies other than the City shall be considered on a case- by-case basis. If the proposed financing is consistent with a public facilities financing plan approved by the City, or the proposed facilities are otherwise consistent with approved land use plans for the property, the City shall consider entering into a joint financing agreement or joint powers authority in order to finance these facilities.
A CFO may also be formed for the purpose of refinancing any fixed special assessment or other governmental lien on property, to the extent permitted under the Act, as applicable.
Priority Facilities. Priority for CFD financing of public facilities shall be given to public facilities which: ( a) are necessary for development to proceed in an orderly fashion, or ( b} are otherwise coordinated to correspond to the phasing of the related private development project. If appropriate, the 1 D-2
596
Exhibit D
City shall prepare a public facilities financing plan as a part of the specific plan or other land use document that identifies the public facilities required to serve a project, and the type of financing to be utilized for each facility. The City. will attempt to schedule construction of CFO- financed facilities in a manner such that private development will not occur ahead of the installation of public infrastructure necessary to support that development.
Eligible Services: Priority Services. The services eligible to be financed by a CFO ( the " Services") are those identified in the Act. Subject to the conditions set forth in the Act, priority for public services to be financed by a CFD shall be given to services which are ( a) necessary for the public health, safety and welfare and ( b) would otherwise be paid from the City' s general fund. The City may finance services to be provided by another local agency if it determines the public convenience and necessity require it to do so, although the City prioritizes financing services to be provided by the City. If appropriate, the City shall prepare a public services financing plan as a part of the specific plan or other land use document that identifies the public services required to serve a project and the source offunding for each such service.
Eligible Private Facilities. Financed improvements may be privately- owned in the specific circumstances, and subject to the conditions, set forth in the Act.
Ill. BOND FINANCINGS; CREDIT QUALITY.
Value- to-Public Lien Ratio. All CFO bond issues should have at least a three to one property value to public lien ratio after calculating the value of the financed public improvements to be installed, unless otherwise specifically approved by the City Council as provided in Section 53345. B(b) or ( c) of the Act.
Property value may be based on either an appraisal ( as described in VI below) or on assessed values as indicated on the county assessor' s tax roll, or a combination of the two.
Entitlement Status. The City will prefer that all major land use approvals and non- ministerial governmental permits necessary for development of land in the CFO are substantially in place before bonds may be issued. In limited circumstances this may vary and in phased developments, such approvals need only be required for the portions of the project which substantially support payment for the bonds.
Reserve Fund. In most cases, a reserve fund equal to the lesser of (i) ten percent of the original proceeds of the bond issue, ( ii) the maximum annual debt service on the bonds, or (iii) one hundred twenty- five percent of the average annual debt service on the bonds will be required for all bond issues where less than fifty percent of the buildable acreage has been developed. A smaller reserve fund may be determined by City staff, upon consultation with the City' s bond consultants, for bond issues where appropriate development thresholds have been met.
Failure to Meet Credit Criteria. Less than a three to one property value to public lien ratio, excessive tax delinquencies, or projects of uncertain economic viability may cause the City to disallow the sale of bonds or require credit enhancement prior to bond sale. The City may consider exceptions to the above policies for bond issues that do not represent an unusual credit risk, either due to credit enhancement or other reasons specified by the City, and/ or which otherwise provide extraordinary public benefits, to the extent permitted by and subject to any applicable requirements of the Act.
If the City requires letters of credit or other security, the credit enhancement shall be issued by an institution, in a form and upon terms and conditions satisfactory to the City. Any security required to 2 D-3
597
Exhibit D
be provided by the applicant may be discharged by the City upon satisfaction of the applicable credit criteria specified by the City.
As an alternative to providing other security, and subject to federal tax law, the applicant may request that a portion of the bond proceeds be placed in escrow with a trustee or fiscal agent in an amount sufficient to assure the financing will meet the applicable credit criteria, including, but not limited to, meeting a value- to- lien ratio of at least three to one on the outstanding proceeds. The escrowed proceeds shall be released at such times and in such amounts as may be necessary to assure the applicable credit criteria has been met.
The City will require that bond financings be structured so that bonds are purchased and owned by suitable investors. For example, the City may require placement of bonds with a limited number of sophisticated investors, large bond denominations and/ or transfer restrictions in situations where there is an insufficient value- to-lien ratio, where a substantial amount of the property within a CFD is undeveloped, where tax delinquencies are present in parcels within the CFO, and in any other situation identified by the City.
Variances from these Policies shall not invalidate or place in doubt any approval by the Council of the issuance of the bonds and related actions, and such approval shall likewise constitute approval of any variations to these Policies with respect to the CFD and such bonds.
IV. DISCLOSURES
Purchasers of Property. As a minimum, any disclosures mandated by applicable state law to inform prospective purchasers of their obligations under the CFD shall apply to each CFO. In addition, there may be additional requirements mandated by the City for particular kinds of financings on a caseby-case basis. The City may prescribe specific forms to be used to disclose the existence and extent of obligations imposed by CFD.
Disclosure Requirements for the Resale of Lots. The City shall cooperate with sellers of property other than developers) to provide information which will enable them to comply with their notice requirements under Section 1102. 6 of the Civil Code. A reasonable fee may be charged for providing the notice, not to exceed any maximum fee specified in the Act.
Continuing Bond Disclosure. Landowners in a CFD that are responsible for ten percent ( 10%) or more of the annual special taxes must, if requested by the City, agree to provide: ( i) initial disclosure at the time of issuance of any bonds; and ( ii) annual disclosure as required under Rule 1Sc2- 12 of the Securities Exchange Commission until the special tax obligation of the property owned by such owner drops below 10% or other threshold established by the City.
V. EQUITY OF SPECIAL TAX FORMULAS AND MAXIMUM SPECIAL TAXES Minimum Special Tax Levels. Special tax formulas shall provide for minimum special tax levels which satisfy the following payment obligations of a CFD: ( a) 110 percent gross debt service coverage for all CFO bonded indebtedness, ( b) the administrative expenses of the CFD, and ( c) amounts equal to the differences between expected earnings on any escrow fund and the interest payments due on related bonds of the CFD.
3 D-4
598
Exhibit D
In addition, the special tax formula may provide for the following to be included in the special tax levels: ( a) any amounts required to establish or replenish any reserve fund established in association with the indebtedness of the CFO, ( b) the accumulation of funds reasonably required for future debt service, c) amounts equal to projected delinquencies of special tax payments, ( d) the costs of remarketing, credit enhancement and liquidity facility fees, ( e) the cost of acquisition, construction, furnishing or equipping of authorized Facilities, ( f) lease payments for existing or future facilities, ( g) costs associated with the release of funds from an escrow account, { h) the costs of Services, and ( i) any other costs or payments permitted by law.
Equity of Special Tax Allocation Formula, The special tax formula shall be reasonable in allocating the CFD' s payment obligations to parcels within the CFO. Exemptions from the special tax may be given to parcels which are publicly owned, are held by a property owners' association, are used for a public purpose such as open space or wetlands, are affected by public utility easements making impractical their utilization for other than the purposes set forth in the easements, or have insufficient value to support bonded indebtedness.
Aggregate Tax Burden .. The total projected non- residential property tax levels for any CFD including ad valorem taxes, any maintenance, landscaping or other impositions on the land in the CFO and other similar annual government charges levied on parcels in the CFD, but excluding property owners' association annual levies and as to any special tax levies, based on the expected special tax rates and not any
11 back- up11 special taxes) must be reasonable, and will be considered by the City Council on a case- bycase basis.
The total projected residential property tax levels ( including ad valorem taxes, any maintenance, landscaping or other impositions on the land in the CFD and other similar annual government charges levied on parcels in the CFD, but excluding homeowners' association annual levies and as to any special tax levies, based on the expected special tax rates and not any " back- up" special taxes) for any CFD ( or, if a CFD has multiple improvement areas, for each improvement area and not the entire CFO) shall not exceed the lesser of (i) 2.0% of the estimated sales prices of the respective homes to be constructed in the CFD (with such prices to be determined by reference to an absorption study or appraisal prepared for the CFD or such other information as the City shall determine), or ( ii) any maximum specified in the Act.
The annual increase, if any, in the maximum special tax for any parcel shall not exceed any maximum specified in the Act. The increase in the special tax levied on any residential parcel as a consequence of delinquency or default by the owner of any other parcel shall not exceed any maximum specified in the Act.
Levy on Entire Parcels. Special taxes will only be levied on an entire county assessor' s parcel, and any allocation of special tax liability of a county assessor' s parcel to leasehold or possessory interest in the fee ownership of such county assessor' s parcel shall be the responsibility of the fee owner of such parcel and the City shall have no responsibility therefore and has no interest therein. Failure of the owner of any county assessor' s parcel to pay or cause to be paid any special taxes in full when due, shall subject the entire parcel to foreclosure in accordance with the Act.
Feasibility Analysis. The City may retain a special tax consultant to prepare a report which: ( a) recommends a special tax for the proposed CFD, and ( b} evaluates the special tax proposed to determine its ability to adequately fund identified public facilities, City administrative costs, services ( if applicable) and other related expenditures. Such analysis shall also address the resulting aggregate tax burden of all 4 D- 5
599
Exhibit D
proposed special taxes plus existing special taxes, ad valorem taxes and assessments on the properties within the CFO.
VI. APPRAISALS
The definitions, standards and assumptions to be used for appraisals shall be determined by City staff on a case- by-case basis, with input from City consultants and CFD applicants, and by reference to relevant materials and information promulgated by the State of California ( including, but not limited to, the California Debt Investment and Advisory Commission). The appraiser shall be selected by or otherwise acceptable to the City, and the appraisal shall be coordinated by and under the direction of, or otherwise as acceptable to, the City.
The appraisal must be dated within three months of the date the bonds are priced, unless the City Council determines a longer time is appropriate.
All costs associated with the preparation of the appraisal report shall be paid by the entity requesting the establishment of the CFD, if applicable, through the advance deposit mechanism described below.
VII. CITY PROCEEDINGS.
Petition. For new development projects, a petition meeting the requirements of the applicable authorizing law may be required. The applicant is urged to obtain unanimous waivers of the election waiting period and other election matters to expedite formation of the CFD. In applying to the City for formation of a CFD, the applicant must specify any reasonably expected impediments to obtaining petitions and waivers, including from co-owners and/ or lenders of record ( where required).
Deposits and Reimbursements. All City staff and consultant costs incurred in the evaluation of CFD applications and the establishment of the CFO will be paid by the entity or entitiesif any, requesting the establishment of the CFD by advance deposit increments. The City shall not incur any expenses for processing and administering a CFD that are not paid by the applicant or from CFD bond proceeds. In general, expenses not chargeable to the CFO shall be directly borne by the proponents of the CFD.
If a petition for formation of a CFD is required, it shall be accompanied by an initial deposit in the amount determined by the City to fund initial staff and consultant costs associated with CFD review and implementation. If additional funds are needed to off- set costs and expenses incurred by the City, the City shall make written demand upon the applicant for such funds. If the applicant fails to make any deposit of additional funds for the proceedings, the City may suspend all proceedings until receipt of such additional deposit.
The City shall not accrue or pay any interest on any portion of the deposit refunded to any applicant or the costs and expenses reimbursed to an applicant. Neither the City nor the CFD shall be required to reimburse any applicant or property owner from any funds other than the proceeds of bonds issued by the CFD or special taxes levied in the CFD.
5 D- 6
600
ND OF DOCUMENT
Exhibit D
Representatives. The City and the applicant shall each designate a representative for each financing district proceeding. The representatives shall be responsible for coordinating the activities of their respective interests and shall be the spokespersons for each such interest. The purpose of this requirement is to avoid duplication of effort and misunderstandings from failure to communicate effectively. In the case of the City, it allows the City' s consultants to report to a single official who will, in turn, communicate with other staff members.
Time Schedule. The final schedule of events for any proceeding and the timing of issuance of bonds shall be determined by the City, in consultation with its financing team and the applicant. Any changes will require approval by the appropriate City official. Time schedules will ( unless specific exceptions are allowed) observe established City Council meeting schedules and agenda deadlines. To the extent possible, financings will be scheduled to allow debt service to be placed on the tax rolls with a minimum of capitalized interest.
VIII. FINANCING TERMS
All terms and conditions of any CFO bonds shall be established by the City. The City will control, manage and invest all CFD issued bond proceeds. Each bond issue shall be structured to adequately protect bond owners and to not negatively impact the bonding capacity or credit rating of the City through the special taxes, credit enhancements, foreclosure covenant, and reserve funds .
All statements and material related to the sale of bonds shall emphasize and state that neither the faith, credit nor the taxing power of the City is pledged to security or repayment of the Bonds. The sole source of pledged revenues to repay CFO bonds are special taxes, bond proceeds and reserve funds held under the bond document, and the proceeds of foreclosure proceedings and additional security instruments provided at the time of bond issuance.
The City shall select all consultants necessary for the formation of the CFO and the issuance of bonds, including the underwriter( s), bond counsel, disclosure counsel, financial advisors, appraiser, market absorption/ pricing consultant and the special tax consultant. Prior consent of the applicant shall not be required in the determination by the City of the consulting and financing team.
IX. EXCEPTIONS TO THESE POLICIES
City staff may find in limited instances that a waiver to any of the above stated policies is reasonable given identified special benefits to be derived from such waiver. In connection with such finding, City staff shall determine if such waiver constitutes a substantial deviation to be approved by action of the City Council.
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Joint City Council/ Fire Protection District Board
Meeting
4381 Broadway, Suite 201, American Canyon CA
March 28, 2017 Agenda
Mayor:
Vice Mayor:
Council members:
Leon Garcia
Mark Joseph
Mariam Aboudamous, Kenneth Leary, David Oro
5:30 P.M. CLOSED SESSION - SPECIAL MEETING
1. Matters relating to public employment - Pursuant to Government Code Sections 54957(b).
City Manager Evaluation
PUBLIC ADDRESS – CLOSED SESSION ITEMS
The Mayor will call the meeting to order and conduct the roll call. Co uncil will immediately convene into closed session after hearing any public comment on Closed Session. At 6:30 p.m. the Council will recess into Open Session and then resume Closed Session at the end of the meeting to address outstanding items, if necessary.
CLOSED SESSION
This time has been set aside for the City Council to meet in a closed session to discuss matters pursuant to Government Code Sections 54956 and 54957. The City Attorney will give an oral report regarding any action taken during the closed session at the beginning of the open session.
6:30 P.M. OPEN SESSION - SPECIAL MEETING - COUNCIL WORKSHOP
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT ON CLOSED SESSION/ CONFIRMATION OF REPORTABLE ACTION CITY CLERKS ANNOUNCEMENT PURSUANT TO GOVT CODE 54952. 3 When the City Council sits jointly, or serially as more than one board it is required that the amount of compensation received for each board be disclosed at the meeting. Tonight the City Council is sitting jointly as the Council and the American Canyon Fire Protection District Board. Also, if there is a matter of consideration dealing with water outside the City limits but within the Water District Service Area, the Council will function as the former American Canyon County Water District. For sitting as the Council, a stipend of $315 monthly is received; for the Fire District Board and as the 602
JOINT CITY COUNCIL/ FIRE PROTECTION DISTRICT BOARD MEETING Agenda MARCH 28, 2017 Water Board, $ 126 per meeting.
AGENDA CHANGES
The Mayor/ Council may change the order of the Agenda or request discussion of a Consent Item. A member of the Public may request discussion of a Consent Item by completing a Speaker’ s Card and presenting it to the City Clerk prior to Public Comment.
WORKSHOP
A.1 Update on Strategy to “Improving Traffic Flow on the Highway.” Page 3 - 17
ADJOURNMENT
CERTIFICATION
I, Suellen Johnston, City Clerk for the City of American Canyon, do hereby declare that the foregoing Agenda of the City Council/ Fire District Board was posted in compliance with the Brown Act prior to the meeting date.
Suellen Johnston, City Clerk
Items denoted with ACDPD are American Canyon Fire Protection District Board items and will be acted upon by the Fire Protection District Board. Agendas for all City Council/ Fire Protection District Board meetings are posted at least 72 hours prior to the meeting at City Hall, 4381 Broadway. The City of American Canyon complies with the Americans with Disabilities Act (ADA of 1990). The Council Chambers is accessible to the physically disabled. Requests for accommodations may be made by calling ( 707) 647- 4369 ( voice) or 711 for the California Relay Service or e-mailing Suellen Johnston, City Clerk at sjohnston@cityofamericancanyon. org no less than 72 hours in advance of the event.
Copies of documents distributed at the meeting are available in alternative formats upon request. Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk’ s Counter at City Hall located at 4381 Broadway, American Canyon, CA during normal business hours. In addition, most documents will be posted on the City’ s website at www. cityofamericancanyon. org.