NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby approves an Agreement with Rok Technologies, LLC for GIS Cloud Environment Managed services, to provide managed cloud services through a secure environment, to host the City’s GIS system for continued inter -departmental support, for a five (5) year term ending on August 14, 2030, in the amount of $410,100, and authorizing the City Manager or desig nee to execute the Agreement with Rok Technologies LLC, for GIS Cloud Environment Services in a form approved by the City Attorney.
* * * * * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 10 th day of
June 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
MELISSA RHODES
CITY CLERK OF THE CITY OF ANTIOCH
Cloud GIS Managed Services
Contract Name:
City of Antioch, CA Public Works SOW (8-15-2025 to
8-14-2030)
1501 Belle Isle Avenue
Suite 110 PMB1047
Mount Pleasant SC 29464
[email protected]
ATTACHMENT "B"
Apr 8, 2025
City of Antioch, CA Public Works
1201 W 4th Street
Antioch, California
94509
Dear Brandon,
We sincerely appreciate your continued interest in our GIS Support and Managed Services to support your Enterprise GIS. Enclosed within this document are comprehensive details regarding our offerings and their corresponding costs. Should you require any additional information or assistance, please feel free to reach out to me directly.
Once again, thank you for considering our services. We eagerly anticipate the opportunity to continue to support your program and contribute to its success!
Sincerely,
Rudy Ruvalcaba
Account Executive
ROK Technologies, LLC
1501 Belle Isle Pkwy |Mount Pleasant, SC 29464
p: | m: +1 9095613631 | e: [email protected]
1. Introduction
ROK Technologies has been delivering GIS Managed Cloud Services for over a decade. As an Esri Platinum Partner, our sole focus is architecting, deploying and managing the ArcGIS® Enterprise suite and Desktop applications in cloud and hybrid environments. We serve hundreds of organizations in multiple verticals ranging from Fortune 500 companies to small local municipalities.
City of Antioch, CA Public Works (hereafter referred to as “Client”) has engaged ROK Technologies, LLC (hereafter referred to as “ROK”) to perform implementation and managed services related to and in support of Client’s AWScloud environment and Esri ArcGIS® Enterprise software.
This Statement of Work (“SOW”) dated 08-15-2025 sets forth the scope of services, support, roles and responsibilities identified and agreed upon in addition to the terms and conditions under which the services shall be conducted.
ROK appreciates your investment and is dedicated to supporting the health and efficiency of its essential GIS and IT resources.
2. ROK’s GIS Cloud Support and Managed Services
This section outlines the General, Esri Software, and Infrastructure related ongoing Managed Services the ROK Team will provide Client for the new Enterprise GIS environment. Our goal is to take the GIS and IT management off your plate so you can focus on what you do best!
General Services
Dedicated Client Success Manager
ROK’s primary goal is to provide Client with flawless service, becoming an extension of Client‘s technical team of experts. Serving as Client’s single point of contact, ROK Technologies assigned Client Success Manager’s primary responsibilities shall include:
● Understanding Client’s business needs
● Managing Client’s ROK Technologies entitlements
● Accelerating the delivery of ROK’s Technical Services ● Scheduled Business Reviews
Client Support
Client Support Tickets can be submitted 24 hours a day, 7 days a week via the Client Gateway or our toll-free support line which will be provided after execution of contract. Additional support details can be found in Exhibit C.
Esri Software Support and Services
The goal of ROK’s Esri COTS Support and Services is to ensure your Enterprise stays up to date with the latest upgrades, configurations, and updates to meet your organizational requirements. In order for ROK to provide the following services, Client agrees to provide the ROK Team with the following access:
Software Services Requirements:
● Client provides the ROK Team with access to their My.Esri.com account via a new user (email to be provided by ROK) with permission to ‘Take Licensing Actions.’ ● ROK’s Monitoring Agent installed in the Cloud Environment
Software Services - Incident Tracking
● Receive and respond to incidents reported by the Client in accordance with the service levels defined in Exhibit C.
● Record and track each incident in ROK’s case management system. ● Periodically report the current status of the incident to designated Client personnel based on severity of issue outlined in Exhibit C.
● Communicate the steps taken to ultimately resolve the incident.
Esri Software Configuration Assistance
● Collect information from Client regarding the scope of the change requested, the motivation for the change, and the expected results.
● Investigate the potential impact of the change, in terms of desired results and unintended consequences.
● Determine the steps necessary to implement the change while mitigating risk. ● Recommend a course of action to Client.
● Implement changes in accordance with the plan of action upon Client authorization. ● Record the change in accordance with Client’s change management processes.
Esri COTS Application Upgrades, Patches and Updates
● Upon request ROK’s Managed Services Team will upgrade and configure Esri COTS to the desired version. Additionally, upon request, ROK’s Managed Services will install critical and optional patches as they are released.
ROK will communicate critical upgrade and patching opportunities for Esri COTS. If desired, both parties will work to schedule a day and time to complete the upgrade and/or patching that limits disruption of service.
● Upon request, ROK’s Managed Services will install and configure new Esri COTS as desired by Client.
● Esri critical security patches will be reviewed by ROK for potential impact and applied based on an agreed upon schedule.
Third Party Integrations
One of the benefits of having a managed service provider is that you'll always have a cloud-GIS expert on your side. This can be particularly beneficial when it comes to the complexities of integrating your GIS system with other third-party products. ROK's role in assisting you with these integrations includes the following:
● Addressing any IT considerations in relation to ArcGIS or your cloud environment (opening ports, configuring certificates, users, etc.)
● Providing reasonable third-party access as requested and defined by our customers. ● Configuring the ArcGIS platform for integrations, as specified by the selected third party.
Infrastructure Support and Services
The primary goal of ROK’s infrastructure support is to reduce the risk of system failure and to mitigate the impact of unplanned outages should they arise. The scope, deliverables, and terms of ROK’s Infrastructure Support services are described below in the following sections and Exhibit C.
Infrastructure Services
Management of OS Updates and Patches |ROK Managed Services handles the deployment of critical and security updates to your managed virtual machine operating systems. OS Patching activities help keep your resources current and secure and are automated and monitored as they are released. Any non-critical/security OS patches and other non-managed (IE NOT ESRI) applications are not the responsibility of ROK. Clients can work with ROK to identify any additional OS patches of concern and ROK will install. Non-managed applications are not the responsibility of ROK, unless explicitly agreed to.
Infrastructure Monitoring and Response | ROK Managed Services monitors the overall health of your ArcGIS infrastructure resources and handles the daily activities of investigating and resolving alarms or incidents.
Committed to a 2-hour maximum response time, in the event of an instance failure, our team would take appropriate action to help minimize or avoid service interruption.
Infrastructure Changes | ROK assumes the responsibility of rightsizing, adding, and removing GIS and associated Cloud infrastructure as necessary, pending client approval. In emergency response situations, the client grants ROK the authority to implement modifications, ensuring uninterrupted uptime for the environment
BackUp and Retention | ROK assumes the responsibility of running and retaining the backups of the VMs and Enterprise GeoDatabases per the frequency and duration listed on the BackUp and Retention Table.
Virtual Desktop Management | ROK provides ongoing support for ArcGIS Pro and/or Desktop on your VDI Solution. The management of any additional software or application is the sole responsibility of the Client and ROK cannot be held liable for any inherent security or performance issues introduced.
3. Exclusions - ROK Service and Support does not include the following:
● Debugging custom components, applications, code, or models ● Customization of solutions, templates, or tools; including unsupported software functionality. Please contact Esri's consulting services for assistance in this area. ● Workflow design, data processing, data design, or software training. Please explore Esri's training resources or contact Esri's consulting services for assistance in these areas. ● Issues specific to third-party hardware, software, technology, or peripherals not provided by Esri ● Questions related to product pricing, license agreements, or contracts. Please contact Esri Sales for more product information.
● Web or Mobile Application Development
● Data editing and analysis
● ArcGIS Monitor interpretation and analysis
● Script authoring and maintenance
● Configuration of ArGIS Enterprise Collaborations (ArGIS Enterprise or ArGIS Online)
4. Assumptions
ROK’s delivery of the services defined by this Agreement is based on the assumptions described below. Any deviation from these assumptions might impact the scope of services to be provided and associated fees:
● ROK Technologies shall primarily render Support services remotely, while making use of current technologies that provide remote access and control of the supported systems where available. ● Client shall permit the use of remote access technologies that enable ROK Technologies to render services remotely.
5. Scheduling
As part of these offerings, ROK Technologies will conduct proactive scheduling with Client. As scheduling changes arise, Client shall contact ROK Technologies one (1) to two (2) weeks in advance where possible. The ROK Technologies Technical Operations Team will make a best effort to accommodate special requests.
6. Change Control Policy
As ROK Technologies and Client collaborate on this Service Level Agreement, it is possible that either party will find reasons to change the scope of this Agreement. In the event that Client would like to discuss the addition or subtraction of specified, agreed upon services, Client will submit a Service Request to ROK. Client’s, ROK Technologies Account Manager will make contact within one (1) business day to review or schedule a review of this request.
7. Disclaimers
In addition to the disclaimers and limitations set forth in Exhibit D Master Services Agreement (MSA), Client understands and agrees as follows with respect to the Managed Services rendered hereunder:
ROK is not responsible for the loss of data caused by the action(s) of Client. No warranty or service contract covers infection of any system with a virus introduced by Client. All work necessary for ROK Technologies to remove viruses will be billed to Client. Work performed under a service contract is governed by the terms of said service contract.
The uptime, support requirements, and response times set forth in this SLA shall not be binding upon ROK for any occurrence, failure of service, or other malfunction caused by Client, any employee, vendor or other agent of Client, or any inability of ROK to obtain the minimum access to Client’s system.
8. Acceptance
This Agreement constitutes the full agreement between ROK and Client for the Managed Services described herein.
Upon execution by the Parties, this Statement of Work, or “SOW” issued under, integrated with, and governed by the Master Services Agreement “Exhibit D” between the Parties. Capitalized terms not defined in this SOW shall have the meaning ascribed to them in the MSA.
The undersigned parties acknowledge their acceptance of this SOW and the terms and conditions described herein. Furthermore, the undersigned parties certify that they are authorized representatives of their respective companies with full authority to sign this SOW and enter into this Agreement on behalf of their respective organizations.
9. Term, Pricing, and Billing
The Managed Services hereunder are billed Annually. The billing amount for this SOW shall be based on the services described in the table below. Terms of payment are Net 30 Days. Late fees will be applied on invoices greater than sixty (60) days from the date invoiced and can result in suspension of services.
Services
Esri Software Support
Cloud Infrastructure Support Services
Virtual Desktops 2
Monthly Cost $6,835.00
Term 60 Months
The initial term of this SLA shall begin on 08-15-2025 and expires in 60 months. Upon expiration, this SLA shall automatically renew for an additional one (1) year term unless either Party provides written notice to the other Party of its intent not to renew at least sixty (60) days before the expiration of the then-current term.
Infrastructure and services will be reviewed on an ongoing basis. Should City of Antioch, CA Public Works require a change in resources that differ from those listed in this SLA, ROK Technologies will communicate the necessary changes to City of Antioch, CA Public Works along with the associated costs/savings.
Any general price increase will be communicated in writing before the auto-renewal. General price increases will not exceed 7% of the applicable services in the prior term unless the pricing for the previous term was designated in the SLA as promotional or one-time.
Payments are due 30 days from receipt of the invoice. Non-payment after 60 days can result in suspension of service.
Exhibits A through E are hereby incorporated into the provisions of this contract.
Contract Term: 60 months
Contract Start Date: 08-15-2025
Contract End Date: 08-14-2030
Payment Option: Annually
Agreed to and Accepted By:
ROK Technologies, LLC Client
Signature: Signature: \signature1\
Name: Alexandra Coleman Name: \fullname1\
Title: CEO, ROK Technologies Title: \title1\
Date: Apr 8, 2025 Date: \date1\
Verification: \wb1
{“apiName”:”Signed__c”}\
Exhibit A: Environment Overview
Infrastructure Details Table
Environment Name Version Qty Up time
% OS (GB) Data
(GB)
Log
(GB)
Server Size
Production AWS - ArcGIS Image Server 1 100 100 150 4 vCPUs 16GB RAM Production AWS - ArcGIS Portal 1 100 100 150 4 vCPUs 16GB RAM Production AWS - ArcGIS Relational Datastore 1 100 100 150 4 vCPUs 16GB RAM Production AWS - ArcGIS Server 1 100 100 150 8 vCPUs 32GB RAM Production AWS - Citrix Server 1 100 100 100 4 vCPUs 16GB RAM Production AWS - File Server 1 100 100 200 2 vCPUs 8GB RAM Production AWS - SQL Server 1 100 100 150 4 vCPUs 16GB RAM Production AWS - Web Server 1 100 100 2 vCPUs 8GB RAM Production Citrix Workspace License(s) 2
AWS - S3 Bucket - 1TB 1
Applications
Environment Server Application
Production ArcGIS Image Server ArcGIS Server - Image
Production ArcGIS Portal Server Portal for ArcGIS
Production ArcGIS Relational Data Store ArcGIS Datastore Production ArcGIS Server ArcGIS Server
Production Web Server ArcGIS Web Adaptor
Production Web Server ArcGIS Web Adaptor
Production Web Server ArcGIS Web Adaptor
Production Web Server ArcGIS Web Adaptor
Production Web Server ArcGIS License Manager
Integrations
The following table lists integrations and interfaces that will be included in the Enterprise GIS environment.
These are shown in alphabetical order. ROK's role in assisting CLIENT with these integrations includes the following:
● Addressing any IT considerations in relation to ArcGIS or the cloud environment (opening ports, configuring certificates, users, etc.)
● Providing reasonable third-party access as requested and defined by Client. ● Configuring the ArcGIS system for integrations, as specified by the selected third party. ● Client will be required to ensure all business interfaces and workflows are tested and working correctly.
Integrations Table
Interface Description
No App Integrations N/A
Virtual Desktop Solution(s)
Server Server Size OS Drive (GB) Data Drive
(GB)
AWS - Citrix Server
4 vCPUs 16GB RAM 100
100
VDI Service Qty Description
Citrix Workspace License(s) 2
The VDI Solution is scoped to support the software and/or applications defined in the VDI Applications Table below. Any additional software and/or applications installed by Client or by ROK by request can impact performance and may result in a change in scope.
VDI Application(s) Description
ArcGIS Desktop (ArcMap)
ArcGIS Pro
ROK Supported Software ROK supports ArcGIS Pro and Desktop on your VDI Solution. The management of any additional software or applications is the sole responsibility of the Client and ROK cannot be held liable for any inherent security or performance issues introduced.
Exhibit B: Content Summary
No content will be migrated into the Cloud environment as part of this SOW
Exhibit C: Support
Client Support
Tickets can be submitted 24 hours a day, 7 days a week via the toll-free number which will be provided after execution of contract. Tickets may also be submitted any time via email or from the Client Gateway. Contact emails and Client Gateway information will be provided following execution of contract.
Support Overview
Client Gateway (“Gateway”): ROK will provide the Client with unlimited access to Gateway support. Client will report malfunctions by accessing the Gateway and creating a service ticket or by sending an email to a dedicated support email address. A member of ROK’s Support Staff (“Support Staff”) will be assigned and Client will be contacted within a timeframe defined by the severity of the Malfunction. If the Support Staff member handling a request is unable to provide adequate assistance to Client for such requests hereunder, ROK will supply one or more alternative Support Staff members who are able to respond to the request to Client’s reasonable satisfaction. All support ticket activities, findings, and resolutions will be tracked in the customer portal for future reference.
Telephone Support Service: ROK will provide to Client unlimited access to 24/7 Telephone Support (“Telephone Support”) via a toll-free number. Client will report Malfunctions by calling the Telephone Support number. A member of the Support Staff will be assigned to the Malfunction, and Client will be contacted within the timeframe defined by the severity of the Malfunction.
Severity of Malfunctions
ROK will correct Malfunctions as provided herein. “Malfunction” shall mean a failure by the Services to operate as required by this Agreement. The definitions of the Malfunction Severity classifications are as follows:
Severity Level 1: A problem which renders the Services inoperative, causes a significant and ongoing interruption to the end-user's business activities or causes a loss or corruption of data, where either the entire company or large groups of users are affected.
Severity Level 2: A problem which causes the Services to be intermittently inoperative, disrupted or malfunctioning and which materially interferes with Client’s use of the Services, for the entire company or large groups of users.
Severity Level 3: A problem which causes the Services not to function in accordance with applicable specifications, for small groups or individual users, but which causes only a minor impact on Client’s use of the Services and for which an acceptable circumvention is available.
Severity Level 4: Any general questions and issues pertaining to the Services and all Malfunctions which are not included in the other Malfunction classifications
Correction of Malfunctions
ROK will correct Malfunctions as provided herein. “Malfunction” shall mean a failure by the Services to operate as required by this Agreement. The definitions of the Malfunction classifications are as follows:
Report of Malfunction With respect to a report of any Malfunction, Client personnel making such a report will describe to the Support staff the Malfunction in reasonable detail and the circumstances under which the Malfunction occurred or is occurring and will, based upon the criteria of the Severity Definition, classify the Malfunction as a Severity Level 1, 2, 3 or 4 Malfunction.
Critical Malfunctions If a Severity Level 1 or 2 Malfunction (each, a “Critical Malfunction”) cannot be corrected to Client’s reasonable satisfaction through communication with the Support staff within two (2) hours after ROK receives the description of the Malfunction, ROK will: (1) escalate the problem to additional members of Support Staff and ROK's Client Success Manager; (2) take and continue to take the actions which will most expeditiously resolve the Critical Malfunction; (3) provide a report to Client of the steps taken and to be taken to resolve the problem, the progress to correction, and the estimated time of correction, and update that report every two (2) hours until the Critical Malfunction is resolved.
ROK's Level of Effort ROK will work continuously until any Critical Malfunction, of which a correction or workaround has not been achieved, has been resolved. Additionally, if a correction or workaround to a Critical Malfunction has not been achieved within two (2) days ROK will work continuously, during normal ROK working hours, try to resolve any Severity Level 1 or 2 Malfunction. ROK and Client will mutually agree upon a schedule within which to resolve any Severity Level 3 or 4 Malfunction.
Action Required from ROK For Critical Malfunctions, ROK will work to provide an immediate correction, which will then be promptly implemented for the Client staff to test. For a Severity Level 3 or 4 Malfunction, ROK will provide a correction as promptly as reasonably achievable.
Backup Frequency and Retention Period
ROK Technologies provides 24/7 monitoring and management of backup and retention processes for Virtual Machine (VM) attached disks and SQL Server instances to ensure data integrity and availability. Backup specifications and retention details are listed below. Backup failures trigger immediate alerts, and corrective actions are taken promptly. Clients are responsible for notifying ROK Technologies of any changes in backup requirements.
Service Qty
VM and Volume - Daily Full Backup (#/day) 2
VM and Volume - Daily Full Backup Retention (mo) 1
VM and Volume - Monthly Full Backup Retention (mo) 12
SQL Server - Daily Differential Backup (#/day) 6
SQL Server - Daily Differential Backup Retention (mo) 1 SQL Server - Weekly Full Backup (#/week) 1
SQL Server - Weekly Full Backup Retention (mo) 1
SQL Server - Monthly Full Backup Retention (mo) 12
Exhibit D: Master Services Agreement
This Master Services Agreement (the “MSA”) is effective as of 9/4/2024 12:00:00 AM (the “Effective Date”) by and between ROK Technologies, LLC (“ROK”) and Client. ROK and Client are each individually referred to herein as a “Party” and collectively as the “Parties.” This MSA shall govern the Parties’ relationship as more fully described in Statements of Work (each, an “SOW”) agreed upon between the Parties pursuant to the terms of this MSA. This MSA anticipates the execution of various written SOWs and the following terms shall apply to such SOWs. The MSA, SOW and all exhibits, addendums and/or amendments thereto are collectively referred to herein as the “Agreement.”
A. RECITALS
ROK is in the business of architecting, hosting and managing the infrastructure for geographical information system—or “GIS”—computing systems.
Client seeks to hire ROK to provide certain Services in relation to Client’s own GIS Platform, and ROK desires to provide the Services pursuant to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
B. SELECT DEFINITIONS
“Client's Platform” or the “Platform” means the collection of Client’s data and applications managed by ROK pursuant to this Agreement.
“Managed Services” means the management of Client by ROK pursuant to a Service Level Agreement.
“Non-Tenant” means client when client owns the infrastructure supporting the Esri Enterprise software.
“Professional Services” means any and all Services rendered by ROK to Client pursuant to a SOW other than Managed Services, such as consultation, data assessment and recommendations, and so forth.
“Services” means any and all Services rendered by ROK to Client pursuant to a SOW, including all Managed Services and Professional Services.
“Service Level Agreement” or “SLA” means a type of SOW that sets forth the specific terms applicable to ROK’s provision of Managed Services.
C. SERVICES
Services. Services will be provided by ROK pursuant to the terms and conditions of this Agreement and any applicable SOW—including, where applicable, a Service Level Agreement.
ROK may use subcontractors (under separate contract to ROK) to perform the Services, or portion(s) thereof.
D. SOWs
1. Form of SOW ROK will not proceed with performing Services until both Client and ROK have signed the applicable SOW. Each SOW, once signed by both Parties, will become a part of this Agreement. Each SOW must be in writing and should include, at a minimum:
a. Description of Services and deliverables in sufficient detail to gauge the successful progress and completion of the Services;
b. Period of duration expected date(s) of completion (by phase/milestone or entire project) or delivery of deliverables, and/or other performance timetable;
c. If applicable, designated means of performance, including identification of any particular roles or individuals required to participate in the Services;
d. Resources required from Client for performance of the Services, such as access to particular information, systems, or environments, involvement of specific personnel, and so forth;
e. If applicable, acceptance criteria and testing period, permissible reasons for rejection and ROK’s duty to remedy the same, if any;
f. Fees owed to ROK for the Services, along with method of computation (e.g., fixed fee or hourly rate) and timing/conditions of payment (e.g., milestone-based);
g. Description and estimated amounts of any significant reimbursable expenses expected to be incurred; and
h. Identification of the Client department responsible for overseeing the project and Client’s employee designated as project owner.
2. Amendment SOWs may only be amended by a written document signed by each Party’s authorized representative, and per the change management procedures set forth there
3. Governance Each SOW will, upon execution by both of the Parties hereto, be incorporated into and become part of this Agreement. In the event of any conflict between this Agreement and any SOW, the terms and conditions of the applicable SOW shall control as to the specific deliverables and Services addressed in said SOW, and this Agreement shall control as to all other matters.
E. PRICING
1. Pricing Prices for Services will be specified in one of the following, as applicable to the Services to be provided:
a. Those specified in ROK’s then-current price list
b. Those specified in a written price quotation submitted by ROK; or c. Those specified in the SOW; or
d. Incidental extra fees agreed-upon by the Parties from time to time
2. Taxes All prices are exclusive of any taxes, fees, duties or other applicable amounts. Client shall pay the taxes related to Services purchased pursuant to this Agreement, or Client shall present an exemption certificate acceptable to the taxing authorities. Applicable taxes, if any, will be billed as a separate item on the invoice. ROK reserves the right to increase the fees for Services in the event Client determines any withholding tax obligation prevents ROK from receiving the specified prices for such Services.
F. PAYMENT AND INVOICING
Payment Unless otherwise indicated in a SOW, payment terms are net 30 days. Any sum not paid by Client within sixty (60) days from the date of the invoice will bear interest from the date of the invoice until paid at a rate of: (i) ten (10) per cent per annum or (ii) the maximum rate permitted by law, whichever is less.
● Invoicing As set forth below, ROK will invoice Client depending on the type of Services:
a. For Managed Services, unless otherwise agreed by the Parties in the applicable SOW, ROK will invoice Client for such Services, and payment will be due, in advance of performance of the same.
b. For Professional Services, ROK will invoice Client per the SOW’s invoicing schedule. Invoices may contain multiple milestones or a single invoice at the start or end of the project. Unless otherwise mutually agreed upon in writing or via a change management procedure, the total invoiced amounts for SOW milestones shall not exceed the total amount agreed upon in the SOW. If a SOW does not contain a milestone schedule, ROK will invoice Professional Services performed under such SOW as set forth in such SOW.
● Deposit ROK reserves the right to charge Client a deposit for payment on any SOW.
● Disputed Charges Written notice of any disputed charge must be received by ROK within 20 days of the date of issuance of the invoice in question or Client forfeits the right to dispute the charge. This notice must include the invoice number in dispute, the item(s) and amount(s) disputed and a complete description of the basis for Client withholding payment. Notice of any disputed charge does not release Client from the obligation of paying any remaining balance of the invoice under the terms specified. Upon resolution of the disputed charge, ROK will issue a credit memo or Client will pay the total amount outstanding referenced by the dispute. Any disputed charge resolved in ROK’s favor shall be liable to accrue late payment fees based on the terms of purchase.
● Collections If payment has not been received within the three-month period after the due date, ROK will have no other option but to undertake collection and enforcement efforts. If collection and enforcement efforts are undertaken by ROK, Client shall be liable for all costs thereof, including reasonable attorneys’ fees.
If Client is in arrears on any invoice, ROK may, upon giving notice, apply any deposit thereto and suspend, withhold or terminate further performance of Services until all arrearages are brought current.
G. TERM, SCOPE, AND TERMINATION
1. Term The term of this Agreement will commence on the Effective Date and, unless terminated pursuant to this section, shall remain in effect until the later of one (1) year after the Effective Date or (2) sixty (60) days
after completion of all rights and obligations by each Party under any SOW, so long as no other SOWs are outstanding.
2. Change of Scope ROK reserves the right to change the scope and content of any of the Services upon client amendment approval
3. Termination This Agreement, and any Services being performed hereunder, may be terminated immediately by either Party upon written notice:
a. If the other Party breaches any of the material provisions of this Agreement and the breach is not capable of being cured or after providing thirty (30) days written notice to the breaching Party if the breaching Party fails to cure such breach within such period;
b. If the other Party: ceases, or threatens to cease to carry on business as a going concern; or becomes or may become the object of the institution of voluntary or involuntary proceedings in bankruptcy or liquidation, or a receiver or similar officer is appointed with respect to the whole or a substantial part of its assets; or an event similar to any of the foregoing occurs under applicable law;
c. If, except as provided below, either Party assigns (by operation of law or otherwise, including merger) or transfers any of the rights or responsibilities granted under this written agreement, any support agreement, or any SOW, without the prior written consent of the other Party, or in the event of a sale of all or substantially all of such Party’s assets or transfer of a controlling interest in such Party to an unaffiliated third Party. Notwithstanding the foregoing: ROK reserves the right to subcontract Services to any affiliate or third-party organization to provide Services to Client, and ROK may assign this Agreement or all or any portion of its rights and obligations hereunder, to any affiliate of ROK; and/or
d. If fees are not paid when due and payment has not been received within thirty (30) days after notice from ROK to Client of such past due payment, ROK may suspend or withhold the provision of Services until all amounts past due are paid in full, and/or immediately terminate this Agreement or any Services provided hereunder.
4. Early Termination Client's termination of this Agreement or any SOW prior to the expiration of the then-current term thereof (including, without limitation, by ceasing payments under the Agreement) shall result in each of the following:
a. Client shall pay to ROK an "Early Termination Fee" in the amount of five thousand dollars ($5,000); and
b. In addition to the foregoing Early Termination Fee, Client shall pay to ROK the greater of (i) the remaining fees due under the Agreement for the remainder of the then-current term, or (ii) an amount equal to the fees payable for one (1) full year of the Services, calculated based on the average monthly (or other periodic) fees paid by Client during the six (6) months immediately preceding the termination date (or, if Client has not yet paid for six months of Services, based on the initial monthly fee).
c. In the event Client has prepaid any fees for Services beyond the date of termination, Client acknowledges and agrees that such prepaid fees shall be forfeited and are non-refundable.
d. All amounts due under this Section shall be immediately due and payable upon the effective date of termination. ROK reserves the right to invoice Client for such amounts, and Client agrees to pay such invoice within fifteen (15) days of the invoice date.
5. Effect of Termination
a. If, following termination of this Agreement, the Parties execute an SOW, then any such SOW will be governed by the terms and conditions of this Agreement notwithstanding the earlier termination of this
Agreement, unless and until the Parties execute a new MSA to govern the SOW.
b. Each of the Services provided hereunder will terminate immediately upon termination of this Agreement, unless otherwise agreed by the Parties. Notwithstanding the foregoing, the Parties’ ongoing obligations under any non-terminated SOWs will continue through the end of their defined term, unless otherwise agreed by the Parties in writing.
c. Upon termination of this Agreement or any Services, Client shall pay ROK for all work ROK has performed up to the Effective Date of termination at the agreed upon prices, fees and expense reimbursement rates.
H. BACKUPS; DATA LOSS OR CORRUPTION
Data Loss or Corruption. ROK is not responsible for any loss, alteration, destruction, damage, or corruption of data resulting from Client’s introduction of a virus or other corrupting force (a “Virus”). Any warranty or service contract does not cover infection of any Client application or system with such as a Virus. Any virus not expressly introduced by ROK shall be deemed a Virus introduced by Client. ROK may, at its discretion, bill Client for the Professional Services required to remove a Virus and restore the system.
I. Client RESPONSIBILITIES AND RESTRICTIONS
Tenant Responsibility for Certain Factors Affecting Uptime. The service commitment and hourly or uptime commitment do not apply to any unavailability, suspension or termination of an included Service, or any other included Service performance issues: (i) caused by factors outside of ROK’s reasonable control, including any force majeure event or internet access or related problems beyond the demarcation point of the applicable included Service; (ii) that result from any actions or inactions of Client or any third party, including failure to acknowledge a recovery volume; (iii) that result from Client’s equipment, software or other technology and/or third party equipment obtained by Client, software or other technology (other than third-party equipment within ROK’s direct control); (iv) that result from Client or third-party (including Cloud provider) policies or protocols inherited by ROK; (v) relating to compliance with laws applicable to Client’s industry that are not generally applicable to information technology service providers; or (vi) arising from ROK’s suspension or termination of Client’s right to use the applicable included Service in accordance with the Agreement. If availability is impacted by factors other than those listed herein or used in ROK’s monthly uptime percentage calculation, then ROK may issue a service credit to Client at its exclusive discretion.
For each individual Virtual Machine Instance, ROK will use commercially reasonable efforts to make the Single Virtual Machine Instance available with an Instance-Level Uptime Percentage of at least 99.5%, in each case during any monthly billing cycle. In the event any Single Virtual Machine Instance does not meet the Instance- Level Uptime Percentage , Client will be eligible to receive a Service Credit as described below.
Instance Level Uptime Percentage Service Credit Percentage Less than 99.5% but equal to or greater than 99.0% 10% Less than 99.0% but equal to or greater than 95.0% 30% Less than 95.0% 100%
J. WARRANTY; DISCLAIMER AND LIMITATIONS
Services Warranty. With respect to Services performed by ROK, ROK warrants to Client, unless otherwise specified in writing, that the Services as and when delivered or rendered, will conform to the standard of care exhibited by reasonably skilled contractors in the industry (network systems integration). Client shall notify ROK in writing within ninety (90) days after provision of the Services in question if any of the Services fail to conform to the standard of care set forth in this Agreement. The passage of the thirty (30) day period after provision of the Services without the notification described herein shall constitute Client’s final acceptance of the Services.
Third-Party Product Warranties. With respect to particular products manufactured or supplied by third parties to ROK for resale to Client, ROK MAKES NO WARRANTIES OF ANY KIND IN ADDITION TO OR EXCEEDING THE WARRANTY SUPPLIED OR OFFERED BY THE RESPECTIVE MANUFACTURER OR SUPPLIER, which shall be transferred or assigned to Client, if possible, and Client’s recovery is limited to recovery against such manufacturer or supplier for breach of any applicable warranties of manufacturer or supplier. In the event of a claim by Client for breach of product warranty, ROK must follow the warranty policy established by the manufacturer. This policy may require return of the warranted item to the manufacturer for repair. At Client’s request, ROK agrees to take all actions reasonably necessary or appropriate to secure Client’s rights and to protect its interests under such third-party warranties. Work performed by ROK, not covered by product warranty, will be billed to Client at the applicable ROK rate.
Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN OR IN ANY SOW, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. USE AND RELIANCE ON THE SERVICES ARE AT Client’S OWN RISK. EXCEPT AS EXPRESSLY PROVIDED HEREIN
OR IN ANY SOW, ROK EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY RELATING TO THE SERVICES,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE OR
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. EXCEPT AS EXPRESSLY PROVIDED HEREIN OR IN ANY SOW, ROK
EXPRESSLY DISCLAIMS ANY THAT USE OF OR ACCESS TO THE SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE, FREE OF DEFECTS, OR FREE OF TECHNICAL PROBLEMS.
Limitation of Liability. ROK’S LIABILITY UNDER THIS AGREEMENT, WHETHER IN CONTRACT, IN TORT (INCLUDING
NEGLIGENCE OR STRICT LIABILITY), UNDER ANY WARRANTY, OR OTHERWISE, IS ABSOLUTELY LIMITED TO CORRECTION OF
ANY NONCONFORMITIES IN ANY SERVICES, OR REFUND OF THE PURCHASE PRICE, OR REFUND OF SPECIFIC AMOUNTS PAID FOR PRODUCTS OR SERVICES WHICH FAIL TO CONFORM, AT ROK’S SOLE OPTION AND THE AGGREGATE AMOUNT
THEREOF FOR ALL CLAIMS RELATING TO ANY PARTICULAR PRODUCT OR SERVICE SHALL IN NO EVENT EXCEED AN
AMOUNT EQUAL TO THE FEES PAID TO ROK UNDER THIS AGREEMENT FOR THE PARTICULAR PRODUCT OR SERVICES WHICH GIVE RISE TO THE CLAIM. EXCEPT FOR THEIR INDEMNIFICATION OBLIGATIONS, UNDER NO CIRCUMSTANCES
SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, GENERAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR
OTHER DAMAGES (INCLUDING LOST PROFITS, LOST SAVINGS, LOSS OF DATA OR LOSS OF USE), EVEN IF A PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE REASONABLY FORESEEN SUCH DAMAGES, NOR FOR ANY CLAIMS ARISING FROM Client’S USE OR TRANSFER OF ANY SERVICES SOLD HEREUNDER. NO ACTION, REGARDLESS OF THE FORM, ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY Client MORE THAN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENTS WHICH GAVE RISE TO THE CAUSE OF ACTION. THE PRICING OF ALL SERVICES AND THE TERMS AND CONDITIONS OF ALL SALES ARE BASED UPON THIS LIMITATION OF LIABILITY.
K. NON-SOLICITATION
During the term of this Agreement and for a period of one (1) year following the end of this Agreement, neither Party will (i) offer employment to any employee of the other Party; or (ii) attempt to directly or indirectly induce
any employee of the other Party to terminate his or her employment. In the event of a breach of this section, money or damages may not be an adequate remedy, and, therefore, in addition to any other legal or equitable remedies, each Party shall be entitled to seek an injunction against such breach. The obligations set forth in this section are independent covenants and shall survive termination of this Agreement. Notwithstanding the foregoing, each Party shall be free to offer employment to any employee or subcontractor that directly contacts such Party in response to general public advertisement of employment opportunities (including the use of employment agencies and recruiters).
L. DISPUTE RESOLUTION
Governing Law. This Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in the State of South Carolina, and shall be governed by and construed in accordance with the laws of the State of South Carolina without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either Party.
1. Elective Arbitration. Except to the extent not preempted by the federal arbitration act, 9 U.S.C. §1 et seq. (1970), any claim or controversy arising out of, or relating to, any provision of this contract, or the breach thereof, shall upon written demand of any Party, be settled by three (3) arbitrators in accordance with the Commercial Arbitration Rules then in effect of the American Arbitration Association, to the extent consistent with the laws of the state of South Carolina and the Uniform Arbitration Act, S.C. Code §15-48- 10, et seq. The location of the arbitration shall be the AAA facility in or nearest to Charleston, South Carolina, or such other venue as agreed upon in writing by the Parties. An election by any Party to arbitrate under this paragraph shall be binding on all other Parties and their heirs, successors, and assigns. The AAA fees shall be divided equally between the Parties unless otherwise determined by the arbitrators.
2. Venue. Subject to and without waiving the arbitration agreement in the preceding paragraph, the proper and exclusive venue for any judicial action between the Parties—including any remedies in aid of arbitration, such as a petition to compel arbitration or confirm an arbitration award—shall be the state and federal courts located in or nearest to Charleston, South Carolina. The Parties stipulate to and agree to waive any objection to the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.
3. Legal Fees. If any dispute arises between the Parties with respect to the matters covered by this Agreement which leads to a proceeding to resolve such dispute, the prevailing Party in such proceeding shall be entitled to receive its reasonable attorneys’ fees, expert witness fees, litigation costs (including arbitration fees and court fees), and any other relief it may be awarded.
M. CONFIDENTIALITY
Confidential Information. “Confidential Information” shall mean and include all of the proprietary, non-public information of either Party disclosed pursuant to or in furtherance of this Agreement including but not limited to all Technical Information as defined herein, information related to ROK fees, and any information relating to markets, customers, products, patents, inventions, procedures, methods, designs, object code, data, programs, improvements, training materials, workflows, and works of authorship. Notwithstanding the foregoing, “Confidential Information” shall not include any information, that the recipient can demonstrate through its records (i) was in its knowledge or possession prior to disclosure by the discloser, (ii) was in the public domain at the time of disclosure or subsequently entered the public domain through no fault of recipient, or (iii) was disclosed to recipient by a third party with the right to make such a disclosure.
1. Duty of Nondisclosure. It is expected that, appurtenant to this Agreement, each Party to this may disclose certain Confidential Information to the other Party. Each Party shall refrain from using or exploiting any Confidential Information of the other Party for any purposes or activities other than those specifically authorized in this Agreement. Each Party represents and warrants that it will hold Confidential Information in confidence and protect Confidential Information to the same extent and by the same means it uses to protect the confidentiality of its own proprietary or confidential information that it does not wish to disclose. Neither Party shall disclose or facilitate disclosure of Confidential Information of the other Party to anyone except its employees, independent contractors, or legal or tax advisors who are authorized according to this Agreement and who have a “need to know such information.” Each Party shall ensure that the employees, independent contractors, or legal or tax advisors to whom the Confidential Information is disclosed comply with their obligations under this Agreement with respect to the Confidential Information.
2. Survival. Each Party’s duty of confidentiality with respect to all Confidential Information it receives hereunder will survive termination of expiration of this Agreement and will be binding upon each Party’s successors and assigns. Upon termination or expiration of this Agreement, all Confidential Information made available hereunder, including copies thereof, shall be returned to the disclosing Party or shall be certified as destroyed at the request of the disclosing Party. the Parties may disclose, or may have disclosed, to each other, both orally and in writing or in other tangible form, certain confidential information with respect to each Party’s business, as well as the Services provided under this Agreement. The Parties hereby agree to keep such information and the terms of this Agreement confidential. The Parties shall not disclose to any other person (except for legal, tax and financial advisors) any information relating to this Agreement or its subject matter and shall treat as confidential all information and documents relating hereto.
3. Disclosure to Subcontractors. Notwithstanding any other provision of this Section, ROK shall be authorized to disclose Client’s Confidential Information to subcontractors, contractors or employees of a ROK entity who have a legitimate business need to have access to such information. ROK shall be responsible for any breach of this Agreement caused by any of its subcontractors, employees or agents.
4. Confidentiality of Agreement. Neither Party may disclose, advertise, or publish the terms and conditions of this Agreement without the prior written consent of the other Party. Any press release or publication regarding this Agreement is subject to prior review and written approval of the Parties.
N. INTELLECTUAL PROPERTY
Pre-Existing IP. Each Party will retain the exclusive ownership of all of its pre-existing intellectual property, Confidential Information and materials, including, without limitation, proprietary ideas, sketches, diagrams, text, know-how, concepts, proofs of concepts, artwork, software, algorithms, methods, processes, identifier codes or other technology that are owned by a Party prior to commencement of any Services hereunder, or that are otherwise developed by or for such Party outside the scope of this Agreement.
1. ROK IP. Except as otherwise expressly set forth in this Agreement or an applicable SOW, ROK owns and will continue to own all right, title, and interest in and to the Services, products, deliverables, data collection tools, reports, scripts, sketches, diagrams, text, know-how, concepts, proofs of concepts, artwork, software, algorithms, methods, processes, identifier codes or other technology provided or developed by ROK (or a third party acting on ROK’s behalf) pursuant to this Agreement, including modifications, enhancements, improvements or derivative works of any of the foregoing, regardless of
who first conceives or reduces to practice, and all intellectual property in any of the foregoing (collectively “ROK IP”).
2. Client IP. As between Client and ROK, Client at all times retains all right, title and interest in and to all of Client’s data and applications provided by Client to ROK hereunder, Client’s pre-existing technology and all intellectual property that is developed by Client or by a third party on Client’s behalf thereafter, other than ROK intellectual property.
3. Third-Party Products. Third party products will always be owned by the applicable third party and will be subject to any applicable third Party license terms.
O. INDEMNIFICATION
1. Duty. Each Party, on its own behalf, and on behalf of its respective third-party partners, affiliates, owners, directors, employees, agents, successors, and assigns (collectively, the “Indemnitor”) will defend, indemnify, and hold harmless the other party and its third-party partners, affiliates, owners, directors, employees, agents, successors, and assigns (collectively, the “Indemnitee”) from and against all claims, actions, losses, liability, damages, costs, and expenses (including reasonable attorneys’ fees and expenses) (collectively, “Claims”) arising from or related to: (i) any gross negligence or willful misconduct by Indemnitor; (ii) any breach of this Agreement by the Indemnitor; (iii) any violation or alleged violation by Indemnitor of any applicable foreign or domestic, federal, state or local statutes, laws, ordinances, rules and regulations or industry standards; and (iv) any violation or alleged violation by Indemnitor of the rights of any third party, including without limitation, intellectual property rights.
2. Claim Procedure. The Indemnitee will provide Indemnitor with prompt written notice of the Claim for which the Indemnitee intends to claim such indemnification, and Indemnitor shall have the right to participate in, and, to the extent the Indemnitor so desires, to assume sole control of the defense thereof with counsel selected by the Indemnitor; provided, however, and notwithstanding the foregoing, that the Indemnitee shall have the absolute right to retain their own counsel, with the fees and expenses to be paid by the Indemnitee. Indemnitor will have no authority to settle any Claim on the Indemnitee’s behalf without the written consent of the Indemnitee. Nothing in this Section shall limit any other remedy of the parties. These obligations will survive any termination of the Agreement.
P. GENERAL PROVISIONS
Entire Understanding. This Agreement, along with all Exhibits and Appendices incorporated by reference herein, and all SOWs executed by the Parties pursuant to this Agreement, contains the entire understanding of the Parties with respect to the subject matter contained herein, and shall supersede all prior agreements and understandings, whether written or oral. There are no restrictions, promises, covenants, or understandings other than those expressly set forth herein, and no rights or duties on the part of either Party are to be implied or inferred beyond those expressly provided for. To the extent ROK is required to click to agree or accept any written terms of Client in order to provide the Services (e.g., accepting Client’s website terms to access Client’s designated environment), the Parties understand and agree that such act is the result of a technological requirement and is of no binding effect upon the Parties.
1. Severance. If any provision of this Agreement is held unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining provisions shall not be affected by such holding. The Parties agree to negotiate and amend in good faith such provision in a manner consistent with the intentions of the Parties as expressed in the Agreement, if any invalid or unenforceable provision affects the consideration of either Party.
2. Modifications and Additions. No modifications or additions to the terms and conditions of this Agreement shall be binding unless in writing and signed by both Parties.
3. Assignment. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. Neither Party may assign the terms or conditions of this Agreement to a third party, affiliated entity, or related division without the prior written consent of the other Party.
4. Notices. All notices provided in connection with this Agreement will be in writing and will be delivered by email and either (i) certified or registered mail, poPhase prepaid and return receipt requested or (ii) overnight delivery courier (e.g., FedEx) and will be deemed effective upon receipt by the authorized representative at the address set forth above in the preamble, or at such other addresses as the Parties may designate by written notice to each other.
5. Force Majeure – ROK may, without liability, suspend or delay performance or cancel this Agreement on account of force majeure or other circumstances beyond its control, including, but not limited to, strikes, acts of God, political unrest, embargo, failure of source of supply, or casualty.
6. Waiver. No waiver by either Party of any breach of this Agreement, no matter how long continuing or how often repeated, shall be deemed a waiver of any subsequent breach thereof, nor shall any delay or omission on the part of either Party to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege.
7. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same instrument.
REQUEST FOR QUALIFICATIONS
F
OR THE DEVELOPMENT OF
GIS MANAGED CLOUD SERVICES
Responses Due: Friday, May 6th, 2022 at 12:00 p.m.
P
ublic Works Department
1201 W. 4th Street
Antioch, CA 94509
(925) 779-6950
ATTACHMENT "C"
2 INTRODUCTION AND PURPOSE
The City of Antioch (City) is requesting qualifications from system integrators and implementation partners that possess the ESRI product knowledge and demonstrated experience to provide cloud managing services.
The ideal vendor s hall have experience successfully implementing and supporting public agencies who provide similar public services using ESRI products and asset management systems, while meeting the response requirements of the City of Antioch. The successful vendor shall be responsible for the migration, configuration, and ongoing maintenance and support of an ArcGIS Enterprise Cloud Environment. This includes security, system integrations, and all other components of a cloud environment.
The purpose of this request is to obtain qualifications from ESRI partners, consultants, and vendors, to evaluate their qualifications, and then to select the most qualified to provide the City with services to support an environment hosting ArcGIS Enterprise and roughly 100 users . This includes each component of ArcGIS Enterprise, which include ArcGIS Server, ArcGIS Enterprise Portal, ArcGIS Data Store, and ArcGIS Web Adaptor.
The deadline for submission of responses for this work is no later than 12:00 p.m., Friday, May 6th, 2022.
BACKGROUND, REQUIREMENTS, QUALIFICATIONS
The City is seeking a partner to provide back-end services within a deployed cloud environment.
Our objective is to leverage a system from a firm most qualified to provide the following services:
• Provide a cloud environment for all geospatial data and applications • Provide support for any system or software integrations to the cloud environment • Utilize AWS with a demonstrated back up and retention policy spread across multiple regions
• Provide SQL backups and/or VM snapshots at demonstrated intervals • Provide environment monitoring and emergency support
• Be a member of the ESRI Partner Network
• Be a part of the Amazon Web Services Partner Network (preferred) • Be able to migrate content, features, and functionality from current AGOL environment
Content Migration, Integrations, and System Access
The City of Antioch has been using ArcGIS Online (AGOL) hosted by a vendor, with developed content and roughly 90 users. The contract with current vendor is expired and will not be renewed.
In addition to the above requirements and qualifications, the City will also require migration of content from the City’s existing ArcGIS Online environment.
In addition to the above requirements and qualifications, the City also requires environment/system access through an API, ESRI feature services, and /or map service REST endpoints (with option for security credentials). The City currently has integrations with or planned for the following systems:
3 SeeClickFix CRM – Citizen Request Management
CityWorks EAM – Enterprise Asset Management System
IT Pipes – Pipe Inspection Management Software
Incode 10 – Utility Billing and Account Management
Energov – Enterprise Permitting & Licensing Software
Mark43 – Record Management System and Computer Aided Dispatch Peregrine – Public Safety Data and Analysis Platform
The City may require integrations and/or access to other systems in the future, which any response submitted is required to accommodate in the same manner. The cloud environment must be both scalable and flexible for any additional system and/or future access needs.
FORMAT OF THE STATEMENT OF QUALIFICATIONS (SOQ)
The submittal is to be prepared in a bound 8 ½” x 11” format limited to approximately 15 pages, including brochures. Covers, dividers are not included in the page count. In addition, any information that needs to be returned should not be submitted. The Consultant is requested to include the following information in the SOQ. It is expected that the SOQs will follow the order listed below:
• Cover Letter
• Organization Chart for the Project Team
• Brief Information for Key Staff including education, directly related experience, description of their assignment on this project, and résumé
• Summary of the Company’s Relative Experience and Performance • Summary of Approach for Completing the Work
• Detailed Scope of Work of Activities Required
• Environment Diagram and Hardware Specifications
• Detailed Backup and Retention Policy
• Anticipated Project Schedule
• Current Fee Schedule
• Typical/current services pricing breakdown
• Proof of ESRI Partner Network membership
• List of contracts/agreements terminated for convenience or default within the past three years, if any.
• List any litigation that now affects or may affect in the future consultant firm’s ability to perform.
4 • Confirm your firms’ ability to meet contract & insurance requirements.
CONSULTANT SELECTION PROCESS
Enclosed is a copy of the City of Antioch’s Consultant Services Agreement. By submitting a response for this work, a firm agrees to comply with all terms and conditions outlined in the agreement.
It is anticipated that from the responses submitted, City staff will be able to select the firm best suited to meet the City’s needs. However, if that is not possible, the City will ask a “short list” of firms to meet with staff to discuss the project and the firm’s response. The City will negotiate a professional services contract for the work after staff has worked through the selection process.
No compensation will be due to any firm for preparation of a written response or for meeting with staff after a “short list” has been determined.
The selected firm will receive a notice to proceed after the City Council has approved their contract.
CRITERIA FOR SELECTION
Responses will be reviewed based on the selection criteria below, and selection will be awarded to the highest scored after thorough evaluation of responses.
• Overall qualifications and ability to meet requirements – 25 points
• Experience and success providing GIS Managed Cloud Services with other public agencies - 25 points
• Feedback from customers and partners - 15 points
• Ability to meet the City’s requirements for ongoing customer support and emergency response - 10 points
• Ongoing and continued customer support in a partnership capacity - 10 points
• Annual Subscription Cost - 10 points
• Ability to exceed the City’s required qualifications - 5 points
Response Review, Scoring, and Schedule
A review committee will evaluate responses to this Request for Qualifications that meet all submittal and deadline requirements. Responses submitted that do not meet the submittal requirements or deadline will not be considered. Additionally, responses will be evaluated, ranked, and scored by:
Brandon Peters, GIS Coordinator
Gina Borelli, GIS Specialist
Jennifer Wilson, Network Administrator
5 The City may proceed with a master agreement with the top ranking firm . If the City and firm cannot reach agreement in negotiation, then the City will terminate negotiation and, at its option, negotiate with the next firm.
Date: Description:
April 11th, 2022 Distribution of RFQ
May 6th, 2022 Statement of Qualifications Due
May 20th 2022 Notification of Short List Candidates
May 26th, 2022 Approximate date for interviews and demos
SUBMISSION INSTRUCTIONS
Three (3) bound, and one (1) electronic copy of the response must be submitted no later than 12:00 p.m. on Friday, May 6th, 2022 to:
Brandon Peters
Public Works Department
City of Antioch
1201 W. 4th Street
Antioch, CA 94509
Interviews will be conducted if there is not an outstanding response and two or three firms are very close in evaluation points. Any questions regarding the above should be directed to Public Works Department at (925) 779-6950; or [email protected].
Encl: Consultant Services Agreement
N
N
sentence also confirms bidders were required to purchase a set of plans before submitting bids. Otherwise, bidders could not have this received addenda notifications, which they could only have received pre-submission.
During your previous council meeting, the apparent low bidder focused on phrases within the first and second sentences of the above language. First, it notes the provision states that copies of contract documents "may" be obtained. But the bidder ignores the text that follows, which clarifies that the conditional "may" referred to by visiting a web URL or calling the City's vendor. The "may" thus referred to the different options for how the bidder could acquire the plans, not whether the plans were required in the first place.
Similarly, the bidder notes the second sentence indicates documents "may be obtained," but again ignores the ensuing text. This text indicates the price at which the plans could be purchased. The use of "may" was again intended to indicate how the plans could be purchased by indicating the price and terms of the plan purchase.
Effectively, the bidder reads the references to "may" out of context with the entire provision, the last sentence of which is unambiguous in specifying plans must be purchased. No reasonable reading of the provision in its entirety would have led a reasonable reader to conclude the purchase of contract documents was permissive or something that could occur after bid submission.
4931-2388-2826.l
Agenda It em #
STA
FF REPORT TO THE CITY COUNCIL
DATE: R
egular Meeting of June 10, 2025
SUBMI
TTED BY: Kevin Valente, Contract Planner, Raney Planning & Management, Inc.
REVIEW
ED BY: Kevin Scudero, Principal Planner
APPRO
VED BY: David A. Storer, AICP, Interim Community Development Director SUBJECT: T
he Ranch Project - Phase II (PD2023-0003, UP2025-0007,
DR2025-0017)
RECOMMENDED ACTION
The Planning Commission recommends that the City Council a dopt a r esolution approving a Vesting Tentative Subdivision Map, Use Permit , and Design Review for Phase II of The Ranch Project.
FIS
CAL IMPACT
A Fiscal Impact Analysis (Attachment D) was prepared for The Ranch Project as approved in 2020. The proposed Phase I I development is consistent with what was previously approved which would result in a surplus of revenue annually. In addition, the project applicant is required to participate in a Community Facilities District (CFD) for fire and police services.
DISCU
SSION
Project Overview/Requested Approvals
The applicant, Richland Planned Communities, Inc. is requesting approval of Phase II of The Ranch Project, consisting of 213 residential lots, parkland, open space, landscaping, and an internal roadway network. Necessary entitlements from the City of Antioch include the following:
1. Vest
ing Tentative Subdivision Map. The proposed project requires approval of a Vesting Tentative Subdivision Map to allow for the division of Phase I I area into 213 Low-Density-Conventional (LD-3) residential lots, 13.0 acres of parkland, 11.5 acres of open space, 2.3 acres of landscaping, and 12.4 acres of an internal roadway network.
2. Use
Permit. The project requires the approval of a Use Permit to allow for the development of the proposed uses within the Phase I I area of The Ranch Project site.
DAS
6 Antioch City Council Report
June 10, 2025 Agenda Item # 6 2
3. Design Review. The proposed project requires Design Review for preliminary landscape plans within the Phase II area of The Ranch Project site.
T
he project site is located within the Sand Creek Focus Area of the General Plan, which contains lands designated by the Antioch General Plan for open space, residential, commercial, and mixed- use development. The project site is surrounded by a single- family residential subdivision to the north, undeveloped land to the south, Deer Valley Road and Kaiser Permanente Antioch Medical Center to the east, and undeveloped land to the west. Below see an overall location map followed by a map identifying the phases for The Ranch Project.
Loc
ation Map
Project Location
Antioch City Council Report
June 10, 2025 Agenda Item # 6 3
Phase Map
E
nvironmental
An Environmental Impact Report (EIR) was prepared for The Ranch project in accordance with the California Environmental Quality Act (CEQA). A Notice of Preparation (NOP) for the Draft EIR was released for a 30- day review from June 11, 2019 to July 11, 2019. In addition, a public scoping meeting was held on June 19, 2019 to solicit public comments regarding the scope of the Draft EIR. A Notice of Availability (NOA) of the Draft EIR was distributed and the Draft EIR was sent to the State Clearinghouse for distribution on March 20, 2020 for the 45-day public review period. The Environmental Impact Report (EIR) was certified by the City Council on July 28, 2020 (SCH No. 2019060012). The 2020 EIR analyzed development of Phase I, Phase II, and Phase III of The Ranch Project, which would consist of 1,177 residential units over 253.5 acres on a 551.5 acre site, including LD residential units, Medium Density (MD) residential units, and Age Restricted (AR) residential units; a 5.0 -acre Village Center consisting of commercial, office, and retail space; 3.0 acres of public services facilities, including a new fire station site and a trail staging area; approximately 22.5 acres of public parks and landscaped areas; 229.5 acres of open space including trails; and 38.0 acres of roadway improvements, and recommends mitigation measures to reduce impacts to the maximum extent feasible.
T
he EIR concluded that the project would contribute to a significant and unavoidable impact to the following areas:
• A
esthetics: project and cumulatively substantially degrade the existing visual character or quality of public views of the site and its surroundings;
Antioch City Council Report
June 10, 2025 Agenda Item # 6 4
• Air quality: conflict with or obstruct implementation of the applicable air quality plan, cumulatively considerable net increase of a criteria pollutant, and cumulative toxic air contaminant impact;
• Greenhouse gas emissions: generate direct and indirect greenhouse gas emissions; and
• Transportation: conflict with a program plan, ordinance or policy of the circulation system under existing plus project, near-term, and cumulative traffic conditions, as well as being inconsistent with CEQA Guidelines Section 15064.3(b).
F
indings of fact for the EIR, and a statement of overriding considerations were also included in the certification of the EIR. In addition, a Mitigation Monitoring and Reporting Program was prepared and adopted.
C
opies of The Ranch Project EIR were made available for review Monday through Friday, at the City of Antioch Community Development Department, between the hours of 8:00 AM and 5:00 PM. The EIR was also available online at:
https://www.antiochca.gov/community-development-department/planning- division/environmental-documents/.
A
Consistency Checklist was prepared by staff to ensure that the development of Phase II of The Ranch Project is consistent with the project analyzed in the certified 2020 EIR (Attachment G). The Consistency Checklist determined that the development of Phase II of The Ranch Project would not result in any new or significant impacts beyond what was previously analyzed in the certified 2020 EIR, and therefore, would not require additional environmental review pursuant to CEQA Guidelines Section 15162. In addi tion, development of the Phase II area is required to comply with all applicable mitigation measures from the previously certified 2020 EIR.
B
ackground
The southern area of the City of Antioch is largely known as the Sand Creek Focus Area and includes a diverse mix of land uses, including open space, residential, general commercial, retail, office, medical, recreation, school, and public uses. All parcels surrounding the project site are within the voter-approved Urban Limit Line (ULL).
T
he applicant for The Ranch Project submitted its first preliminary development plan (PDP) in fall of 2015 for the construction of a master plan containing 1,667 residential dwelling units, including hillside estates, a number of parks, a commercial area, and the
2.00-acre fire station site. At an early Planning Commission workshop on the PDP, numerous residents opposed the project as being too dense and too impactful on hillsides and traffic. Local citizens and an environmental group led the charge to try to significantly reduce the size of the original project proposal. A year later, in response to insights shared by Planning Commissioners and the public, the applicant submitted a second PDP reducing the unit count to a maximum of 1,307, including optional senior housing in the plan area to help reduce impacts to noise, air and traffic, as well as a reduced number of units to be constructed on the hillsides. The revised plan was better received by the Planning Commission and the project applicant proceeded to submit a formal application Antioch City Council Report
June 10, 2025 Agenda Item # 6 5
in June 2017. The City commenced environmental review of the project and released a Draft Environmental Impact Report (EIR) in March 2018 for public review and comment.
H
owever, in February 2018, a local environmental group filed a Notice of Intent to circulate an initiative petition known as the “Let Antioch Voters Decide Initiative: The Sand Creek Area Protection Initiative” (“Let Antioch Voters Decide Initiative”). Subsequently, in April 2018, a citizen’s initiative known as the “West Sand Creek Open Space Protection, Public Safety Enhancement, and Development Restriction Initiative” (“West Sand Creek Initiative”) was also submitted. Both initiatives covered the same approximately 1,852- acre portion of the Sand Creek Focus Area west of Deer Valley Road, which includes the project site and other parcels. Both initiatives obtained the requisite number of voter signatures to qualify for the ballot, and both initiatives were submitted to the City Council on July 24, 2018, for the Council’s consideration pursuant to Elections Code, Section 9215. After careful consideration, the Council unanimously voted to adopt the West Sand Creek Initiative and requested a 9212 Report (an analysis of the impacts of an initiative) on the Let Antioch Voters Decide Initiative.
T
he Let Antioch Voters Decide Initiative was eventually adopted by the Council on August 28, 2018. On or about October 18, 2018, two legal actions were filed against each initiative. On May 31, 2019, the trial court determined that the Let Antioch Voters Decide Initiative could not be adopted by the City Council after it had previously adopted the West Sand Creek Initiative and that the initiative must be placed on the ballot. The City Council voted on June 9, 2020 to place the Let Antioch Voters Decide Initiative on the November 3, 2020, ballot. On November 21, 2019, the trial court invalidated the West Sand Creek Initiative on the grounds that the City Council’s approval of a development agreement was invalid and could not be severed from the remainder of the West Sand Creek Initiative.
M
ore information on the initiatives can be found at the links below:
ht
tps://www.antiochca.gov/fc/community-development/planning/staff-reportts/West- Sand-Creek-Initiative.pdf
ht
tps://www.antiochca.gov/fc/community-development/planning/staff-reportts/Let- Antioch-Voters-Decide-Initiative.pdf
T
he applicant therefore revised The Ranch Project for a third time to be consistent with the Council -adopted West Sand Creek Initiative and prepared a new EIR, which was certified by the Antioch City Council on July 28, 2020. The Ranch Project is consisten t with the West Sand Creek Initiative, including the overall maximum buildout potential, land plan, and circulation. The proposed development of the Phase II area of The Ranch Project site would be generally consistent with what was previously analyzed for the site in the 2020 EIR prepared for The Ranch Project.
T
he Antioch City Council approved the following entitlements for The Ranch Project on July 28, 2020:
Antioch City Council Report
June 10, 2025 Agenda Item # 6 6
• Certification of The Ranch Project Final EIR;
• Approval of a General Plan Amendment;
• Approval of a Rezone of the project site to Planned Development and adoption of the development standards;
• Adoption of the Master Development Plan, Planned Development Design Guidelines, and a Resource Management Plan; and
• Approval of a Development Agreement between the City of Antioch and Richland Planned Communities, Inc.
I
n addition, on June 27, 2023, the Antioch City Council approved the following entitlements for The Ranch Project:
• P
lanned Development Guidelines Amendment. Minor changes to the lot width and rear and side setbacks of the rear center lot of the T -Court Clusters and allowed attached patio covers to encroach two feet into setbacks, which only applies to the Phase I area of The Ranch Project.
• Master Development Plan Amendment . Modified the previously approved locations for the on-site trail network for the overall Ranch development. • Large Lot Vesting Tentative Subdivision Map . Divided the overall project site into large lots for phasing. The Small Lot Vesting Tentative Subdivision Map further divided the 136.7- acre Phase I area into 440 residential lots, a mixed- use component, a fire station, 6.6 acres of parkland, stormwater detention areas, and an internal roadway network.
• Use Permit. Allowed the first phase of development within an approved PD District. • Design Review. Adopted the Design Guidelines for Phase IA, with conceptualized neighborhood landscaping, entry, and architectural renderings.
ANAL
YSIS
T
he Ranch Project site consists of three Assessor’s parcels identified as 057- 010-002, 057-010-003, and 057-021-003, totaling 551.50 acres. The Ranch Project site is currently occupied by a cattle-grazing operation, a single-family residence, and a number of barns and outbuildings located on the eastern portion of the site and is bound by Empire Mine Road to the west, existing residential development to the north, Deer Valley Road, Kaiser Permanente Antioch Medical Center, and undeveloped land to the south.
Lan
d uses to the west of the project site consist of undeveloped land, and open space, including the Black Diamond Mines Regional Park. Land uses to the north of the project site consist of existing single-family residential development. Land uses to the east of the project site consist of the Kaiser Permanente Antioch Medical Center and undeveloped land. Land uses to the south of the project site include rural residential and undeveloped land.
N
orth: Single Family Residential / Planned Development (PD) East: Kaiser Permanente Antioch Medical Center and Vacant / PD South: Rural Residential and Vacant / Study District (S) West: Vacant and Open Space / S
Antioch City Council Report
June 10, 2025 Agenda Item # 6 7
T
he proposed project would include the development of the 77.8- acre Phase II area of The Ranch Project, which is located in the northwest area of The Ranch Project site.
Phase II would consist of 213 LD-3 residential lots with an average lot size of 7,784 square feet, 13.0 acres of parkland, 11.5 acres of open space; and construction of the Sand Creek Road extension to Dallas Ranch Road and other internal roads (12.4 acres).
E
xisting Project Site General Plan Land Use Designation
T
he project site is located within the Sand Creek Focus Area in the General Plan and is currently designated as Limited Development Area. The Limited Development Area designation allows the following land uses:
• E
state Residential;
• Low Density Residential;
• Medium Low Density Residential;
• Medium Density Residential, Convenience Commercial;
• Mixed Use, Public/Quasi Public; and
• Open Space.
E
xisting Project Site Zoning Designation
A
s described above, the project site is located within the Sand Creek Focus Area of the General Plan. The project site is zoned PD, which allows for the following land uses:
• S
ingle-Family Low Density (LD-1, LD-2, and LD-3);
• Single-Family Medium Density (MD-1, MD-2, MD-3, and MD-4); • Age-Restricted (AR);
• Village Center (VC);
• Public Use Zone (PQ);
• Open Space/Recreation Zones (P-Park, OS-Open Space, Landscape, Trails) T
he PD district is intended to set the development standards applicable to the land use district of the project site, including the lot sizes, setbacks, height, floor area ratio, parking, and permitted uses. As discussed above, a Master Development Plan an d Planned Development Guidelines were previously adopted for The Ranch Project on July 28, 2020.
T
he 77.8-acre Phase II area of The Ranch Project Ranch Project includes Single-Family Low Density (LD -3) and Open Space/Recreation Zones (P -Park, OS -Open Space, Landscape, Trails) consistent with the adopted PD district for the site.
V
esting Tentative Subdivision Map
T
he proposed project would include a Vesting Tentative Subdivision Map that would divide the 77.8-acre Phase II area into 213 LD-3 residential lots, 13.0 acres of parkland, Antioch City Council Report
June 10, 2025 Agenda Item # 6 8
11.5 acres of open space, and 12.4 acres of internal roadway network (see Exhibit A of Attachment A).
A
ccess and Circulation
T
he proposed project would include the construction of an internal roadway network throughout the Phase II area. Interior streets would all include curbs, gutters, and five- foot-wide sidewalks. The extension of Sand Creek Road to Dallas Ranch Road would be a 4-lane roadway that would serve as the primary access into the project. The project includes a roundabout at the Sand Creek Road and Street B intersection. The Sand Creek Road Improvements were detailed in the Development Agreement approved in 2020 (Attachment C).
P
arks, Trails, Open Space, and Landscaping
T
he proposed project would include 13.0 acres of parks, 2.3 acres of landscaping, and
11.5 acres of open space throughout the Phase II area. Parks within the project site are developed in one of two categories:
• N
eighborhood Parks – The centerpiece of each neighborhood that include both fixed elements such as playgrounds and informal areas such as lawns, seating areas, and pathways.
• P
ocket Parks – Pocket parks can be less than 1.0 acre in size and provide character as well as outdoor recreational opportunities to the immediate surrounding area. Uses and activities within pocket parks may include decorative landscape elements (e.g., planters, public art, etc.), open turf, outdoor seating, and play areas for small children.
T
he Resource Management Plan for the Sand Creek Focus Area calls for a minimum development setback of 125- feet from the centerline of the flowline of Sand Creek, yielding a 250’-wide corridor. As such, the proposed project provides the minimum 250- foot width of open space. The open space would be kept largely in its natural grassland condition, with periodic maintenance for weed control and also to establish and promote native seasonal wildflowers. Trails would be developed near the proposed development and traverse portions of the open space of the Phase II area. Most of the trails have been designed for multiple modes of transportation including walking, running, cycling, and blading/skateboarding. When the development of all three phases of The Ranch is complete, the trails would ultimately connect parks, neighborhoods, village center, and open spaces within the project, and also off-site destinations such as Kaiser Permanente and the East Bay Regional Park.
Lan
dscaping features would be provided throughout the proposed development area and would conform to the requirements and provisions of Section 9- 5.1001 of the City of Antioch Municipal Code as well as the approved Master Development Plan and Planned Development Design Guidelines. The proposed project includes six different types of Antioch City Council Report
June 10, 2025 Agenda Item # 6 9
landscaping that encompass the non-built environment. Each of these landscapes would have a different approach to their character and function.
1. S
and Creek Drainage Corridor – The actual corridor that contains the flow line and banks of Sand Creek is narrow and highly eroded from cattle crossings and heavy rainfall storm events. Most of the Oak trees on the property are located within those banks. Additional plantings of native grasses and shrubs tolerant of seasonal high flows and potentially additional non-vegetated approaches would be warranted for bank stabilization.
2. N
atural Grasslands/Uplands – These areas are the predominant open space type and include native and introduced grass species that have been historically used for cattle grazing, which are non- irrigated and generally have a greener appearance during winter and spring rains and more golden appearance during summer and fall dry seasons. Additional Oak plantings could be employed within this typology to provide shade by trails and seating areas.
3. D
etention Ponds/Wetlands – Detention ponds with natural edges are provided for the project to hold stormwater runoff from heavy rainfall events. The planting regime along their side banks needs to be selected based on water level elevations and the amount and time of inundation into the root zones. Jurisdictional wetlands along the Sand Creek corridor are preserved and incorporated into the open space experience.
4. P
arks & Parkways – Neighborhood parks should include a balance of open lawn areas for mostly informal play or gatherings, with lands that are landscaped for utilitarian purposes (e.g., drainage or lowlands, trees for shade) and places for ornamental or the med gardens. Areas for paths, playgrounds, and sport courts (e.g. basketball) will also be provided. Parkways provide meaningful connective open space within the developed lands.
5. Lan
dscaped Streets – These areas within the right -of-way (ROW) would include trees, shrubs, groundcovers, and native grasses planted within the center medians and landscape strips.
6. R
ecreational Trails – Various trails would provide recreational opportunities and alternative means to travel through the various open spaces within the community.
Ut
ilities
T
he proposed project would include the provision of water lines, sewer lines, and drainage facilities to serve the proposed project site.
T
he water system for the proposed project would be designed to integrate with existing transmission mains and would complete a looped connection through the proposed project site. The interior streets throughout the project site would contain 8- inch water lines.
Antioch City Council Report
June 10, 2025 Agenda Item # 6 10
D
rainage improvements would include a combination of subsurface and surface drainage systems, including new pipe and channel conveyance systems, as well as culverts. The proposed project would include the construction of storm drainpipes in the Sand Creek Road extension, as well as other streets. All stormwater runoff within the proposed project site would be treated onsite by proposed stormwater detention basins.
T
he proposed project would include the installation of a new sewer line in Sand Creek Road, as well as a number of sewer lines throughout the proposed project site. All sewer improvements would be constructed within the public right -of-way or within public utility easements within private roadways as needed.
R
epublic Services would provide solid waste collection, disposal, recycling, and yard waste services to the project site.
E
ngineering Review
T
he Antioch Engineering Division provided draft conditions of approval related to construction, site and project design, utilities, landscaping, and more for the proposed tentative subdivision map (see Exhibit B of Attachment A).
Us
e Permit
P
ursuant to the Antioch Municipal Code Section 9- 5.2307(C)(1), a Use Permit shall be required prior to the construction of any phase of an approved PD District. As such, the project requires the approval of a Use Permit to allow for the development of 213 residential lots, parks, open space, landscaping, and an internal roadway network within the Phase II area of The Ranch Project site. The intent of the Use Permit is to further clarify the details of the development phase being considered and to ensure that each component complies with the established provisions of the district.
D
esign Review
P
ursuant to the Antioch Municipal Code Section 9-5.2601(A)(1), Design Review shall be required for any new building or construction proposed in any zoning district. The project applicant is not requesting Design Review for the future residences at this time; however, the preliminary landscaping that is included as part of the tentative map is subject to Design Review.
O
n July 28, 2020, the Antioch City Council adopted the Master Development Plan and Design Guidelines for The Ranch Project. The Ranch Design Guidelines include guidelines for open space, parks, and trails, which intend to minimize manicured landscapes or extensive lawn through the use of a sustainable plant palette with native, drought tolerant trees, shrubs, and ground cover.
Antioch City Council Report
June 10, 2025 Agenda Item # 6 11
The proposed preliminary landscape plans include street trees throughout Phase II, typical front yard landscaping for the future residences, and landscaping for the 13.0 acres of parks and 11.5 acres of trails and open space.
S
taff has determined the preliminary landscape plans for Phase II for the proposed project are consistent with the adopted Design Guidelines and the objectives in the adopted Master Development Plan (see Exhibit C of Attachment A).
T
he approved master development plan and design guidelines can be viewed here:
https://www.antiochca.gov/fc/community-development/planning/staff-reportts/ATT-D- Exhibit-A-The-Ranch-Master-Development-Plan.pdf
P
LANNING COMMISSION ACTION
On May 7, 2025 , the Antioch Planning Commission held a public hearing regarding the proposed project. During that meeting, the Planning Commission had questions for the applicant regarding the proposed open space areas and shading along the walking trails.
One member of the public spoke and provided concerns of new development located immediately adjacent to the existing residential neighborhood to the north. After discussion, the Antioch Planning Commission unanimously recommended that the City Council approve all requested entitlements. A copy of the May 7, 2025 Planning Commission Meeting Minutes are included as Attachment E to the staff report. Public comments received prior to the Planning Commission Meeting are included as Attachment F to the staff report.
CO
NCLUSION
The proposed Vesting Tentative Subdivision Map, Use Permit, and Design Review are consistent with the intent of the previous approvals for The Ranch Project . The environmental impacts of the proposed entitlements are consistent with those analyzed in the 2020 EIR. Therefore, the Planning Commission recommends that the City Council adopt Resolution No. 2025- **, thereby approving a Vesting Tentative Subdivision Map, Use Permit, and Design Review for The Ranch Phase II.
AT
TACHMENTS
A. Vesting Tentative Subdivision Map, Use Permit, and Design Review City Council Resolution
Exhibit A Vesting Tentative Subdivision Map
Exhibit B Draft Conditions of Approval
Exhibit C Preliminary Landscaping Plans
B. Consistency Checklist Memo
C. Approved Development Agreement
D. Fiscal Impact Analysis
E. May 7, 2025 Planning Commission Meeting Minutes
F. Public Comments Received
ATTACHMENT “A”
RESOLUTION NO. 2025-**
RE
SOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
ADOPTING THE PROPOSED VESTING TENTATIVE SUBDIVISION MAP,
USE PERMIT, AND DESIGN REVIEW FOR THE DEVELOPMENT OF
THE RANCH PHASE II PROJECT
W
HEREAS, the City of Antioch (“City”) received an application from Richland Planned Communities, Inc. (“Applicant”) seeking City approval of a Vesting Tentative Subdivision Map, Use Permit, and Design Review for the development of Phase II of The Ranch Project (“Project”);
W
HEREAS, The Project site is in the southeastern section of the City of Antioch, on the western side of State Route 4 and is within the Sand Creek Focus Area west of Deer Valley Road along Sand Creek (APNs 057- 010-002, 057-010-003, and 057- 021- 003); and
W
HEREAS, the Project consists of a planned residential community on approximately 77.8 acres consisting of approximately 38.6 acres of single- family residences, 13.0 acres of parkland, 2.3 acres of landscaping, 11.5 acres of open space, and 12.4 acres of roadway improvements; and
W
HEREAS, the City, as lead agency under the California Environmental Quality Act (“CEQA”), has completed the Final Environmental Impact Report (“Final EIR” or “EIR”) for the Project; and
W
HEREAS, on July 28, 2020, the Antioch City Council certified the Final EIR (SCH No. 2019060012), its CEQA findings, and its statement of overriding considerations supporting approval of the Project considered in the EIR; and W
HEREAS, the City, as lead agency under CEQA, has prepared a Consistency Checklist to ensure that the development of Phase II of The Ranch Project is consistent with the project analyzed in the certified 2020 EIR. The Consistency Checklist determined that the devel opment of Phase II of The Ranch Project would not result in any new or significant impacts beyond what was previously analyzed in the certified 2020 EIR, and therefore, would not require additional environmental review pursuant to CEQA Guidelines Section 15162. In addition, development of the Phase II area would have to comply with all applicable mitigation measures from the previously certified 2020 EIR; and W
HEREAS, the proposed project requires approval a Vesting Tentative Subdivision Map (attached hereto as Exhibit A) would divide the Phase II area into 213 Low-Density-Conventional (LD-3) residential lots, 13.0 acres of parkland, 11.5 acres of open space, 2.3 acres of landscaping, and 12.4 acres of internal roadway network.
W
HEREAS, the proposed project requires approval of a Use Permit to allow for the development of the proposed uses within the Phase II area of The Ranch Project site.
RESOLUTION NO. 2025/**
June 10, 2025
WHEREAS, the proposed project requires approval of Design Review to authorize the proposed conceptual landscaping to ensure consistency with the City of Antioch’s General Plan, Zoning Ordinance, design policies and criteria, and Citywide Design Guidelines; and
WHEREAS, at its regular meeting on May 7th , 2025, the Antioch Planning Commission adopted Resolution 2025- 05, recommending City Council approval of the Vesting Tentative Subdivision Map, Use Permit, and Design Review; and
WHEREAS, a public hearing notice was published in the East County Times and posted in three public places pursuant to California Government Code Section 65090 on May 30, 2025, for the public hearing held on June 10, 2025; and
WHEREAS, the City Council held a public hearing and considered all public comments received, the presentation by City staff, the staff report, and all other pertinent documents regarding the proposed request; and
NOW, THEREFORE, BE IT RESOLVED AND DETERMINED, that the City Council does hereby make the following findings for approval of a Vesting Tentative Subdivision Map:
1. That the subdivision, design and improvements are consistent with the General Plan, as required by Section 66473.5 of the Subdivision Map Act and the City’s Subdivision Regulations. The site has a General Plan Designation of Limited Development Area and is zoned Planned Development and the subdivision will accommodate uses that are consistent with the General Plan on each of the lots created by the subdivision.
2. That the subdivision proposed by the Vesting Tentative Map complies with the rules, regulations, standards and criteria of the City’s Subdivision Regulations. The proposed subdivision meets the City’s criteria for the map. The City’s Planning and Engineering staff have reviewed the Vesting Tentative Map and evaluated the effects of the subdivision proposed and have determined that the Vesting Tentative Map, as conditioned, complies with and conform to all the applicable rules, regulations, standards, and criteria of the City’s Subdivision Regulations.
3. The conditions of approval protect the public safety, health and general welfare of the users of the project and surrounding area. In addition, the conditions ensure the project is consistent with City standards.
NOW, THEREFORE, BE IT RESOLVED AND DETERMINED, that pursuant to Section 9-5.2703 (B) (1) of the Antioch Municipal Code the City Council hereby make the following findings for a Use Permit:
RESOLUTION NO. 2025/**
June 10, 2025
1. The granting of such Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity.
Finding: The construction of The Ranch Phase II will not be detrimental to the public health or welfare or injurious to the property or improvements. The construction of the Project has been designed to match the existing environment and focus on open space. The P roject has been designed to have attractive frontages and entrances into the neighborhoods. The subject site will benefit the public welfare by providing a variety of housing options, as well as public parks, open space, and pedestrian trails.
2. The use applied at the location indicated is properly one for which a Use Permit is authorized.
Finding: The site is zoned as Planned Development (PD) and per the Municipal Code any and all uses are permitted provided that the uses are shown on the approved final development plan and in accordance with the General Plan. The General Plan designation of The Ranch site is Limited Development Area, which allows for the following uses:
• Single-Family Low Density (LD-1, LD-2, and LD-3);
• Single-Family Medium Density (MD-1, MD-2, MD-3, and MD-4); • Age-Restricted (AR);
• Village Center (VC);
• Public Use Zone (PQ);
• Open Space/Recreation Zones (P -Park, OS -Open Space, Landscape, Trails)
The 77.8-acre Phase II area of The Ranch Project Ranch Project includes Single- Family Low Density (LD-3) and Open Space/Recreation Zones (P-Park, OS-Open Space, Landscape, Trails) consistent with the PD zone and Limited Development Area designation. Furthermore, the Project is consistent with the previously approved uses for the original project in 2020.
3. That the site for the proposed use is adequate in size and shape to accommodate such use, and all yards, fences, parking, loading, landscaping, and other features required, to other uses in the neighborhood.
Finding: The site is adequate in size and shape to accommodate the proposed development. The Phase II area is 77.8 acres and can accommodate the development of 213 LD-3 residential lots with an average lot size of 7,784 square feet, 13.0 acres of parkland, 11.5 ac res of open space; and construction of the Sand Creek Road extension to Dallas Ranch Road.
RESOLUTION NO. 2025/**
June 10, 2025
4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use.
Finding: The Project includes the construction of the Sand Creek Road extension to Dallas Ranch Road as required in the 2020 EIR and the Development Agreement. The construction of roads included in the Project will be adequate in width and pavement to carry the anticipated traffic generated by the Project.
5. That the granting of such U se Permit will not adversely affect the comprehensive General Plan.
Finding: The General Plan designation of The Ranch site is Limited Development Area, which allows for the following uses:
• Single-Family Low Density (LD-1, LD-2, and LD-3);
• Single-Family Medium Density (MD-1, MD-2, MD-3, and MD-4); • Age-Restricted (AR);
• Village Center (VC);
• Public Use Zone (PQ);
• Open Space/Recreation Zones (P -Park, OS -Open Space, Landscape, Trails)
The 77.8-acre Phase II area of The Ranch Project Ranch Project includes Single- Family Low Density (LD-3) and Open Space/Recreation Zones (P-Park, OS-Open Space, Landscape, Trails) consistent with the PD zone and Limited Development Area designation. Furthermore, the Project is consistent with the previously approved uses for the original project in 2020.
NOW THEREFORE BE IT FURTHER RESOLVED that the Antioch City Council does hereby APPROVE the proposed Vesting Tentative Subdivision Map, Use Permit, and Design Review for The Ranch Phase II Project, subject to the conditions of approval attached hereto as Exhibit B.
RESOLUTION NO. 2025/**
June 10, 2025
* * * * * * *
I
HEREBY CERTIFY that the foregoing resolution was adopted by the City Council of the City of Antioch at a regular meeting thereof held on the 10th day of June 2025, by the following vote:
A
YES:
N
OES:
ABS
TAIN:
ABS
ENT:
______
_______________________________
MELISSA RHODES
CITY CLERK OF THE CITY OF ANTIOCH
B STREET
B STREET
C STREET
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P STREET
O STREET Q STREET
R STREETT STREET
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PARCEL EEPARCEL CC
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DALLAS
RANCH ROAD
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PARCEL OO
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THE RANCH
SUBDIVISION 9667
CITY OF ANTIOCH CONTRA COSTA COUNTY CALIFORNIA SCALE: 1"=100'DATE: DECEMBER 30, 2024
G:\1133-021\ACAD\TM\PHASE 2\TM01.DWG
JOB NO.: 1133-021
300 200 100 0OF SHEETS
SHEET NO.
8 CIVIL ENGINEERSSURVEYORSPLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916) 788-4456
12/30/2024 3:33 PM
GENERAL NOTES
LEGEND
PROPOSED
SHEET INDEX
EXISTING FUTURE
PARCEL SUMMARY
VICINITY MAP
SITE
PARK AREA SUMMARY
VESTING TENTATIVE MAP
TITLE SHEET & OVERALL SITE PLAN
1 1 - TITLE SHEET & OVERALL SITE PLAN
2- EXISTING BOUNDARY & CONDITIONS
3 - STREET SECTIONS
4 - DIMENSION PLAN
5 - LOT AREA PLAN
6 - CONCEPTUAL GRADING PLAN
7 - CONCEPTUAL UTILITY PLAN
8 - TRAFFIC SIGNING, STRIPING, & PARKING PLAN
BASIS OF BEARINGS:
EXHIBIT A
NEW PARCEL TWO
SAND CREEK ROAD
EMPIRE MINE ROAD
WELLNESS WAYDEER VALLEY ROAD
MAMMOTH WAY
DALLAS RANCHROAD
VESTING TENTATIVE MAPEXISTING BOUNDARY & CONDITIONS
G:\1133-021\ACAD\TM\PHASE 2\TM02.DWG
12/30/2024 3:33 PM
LEGEND
2 THE RANCHSUBDIVISION 9667CITY OF ANTIOCH CONTRA COSTA COUNTY CALIFORNIASCALE: 1"=100'DATE: DECEMBER 30, 2024 G:\1133-021\ACAD\TM\PHASE 2\TM02.DWGJOB NO.: 1133-0213002001000OF SHEETSSHEET NO.8 CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916) 788-4456 12/30/2024 3:33 PM
TYPICAL RESIDENTIAL STREET (CROWNED) (56' R/W)
SAND CREEK ROAD (112' R/W)
B STREET (56' R/W)
PARK PARCEL EEPARKPARCEL BB
1234567891011121314151617181920212223242526272829303132333435363738394041424344454647484950515253545556575859606162636465666768697071727374 7576777879
80818283848586878889909192939495969798
99100101102103104105106107108109110111112113114115116117118119120121122123124125126127128129130131132133134135136137138139140141 150151152153154155156157158159160161162163164165166167168169170171172173174175176177178179180181182183184185186187188189190191192193194195196197198199200201202203204205206207208209210211212213142143144145146147148149
B STREETC STREETC STREETP STREETO STREETQ STREETR STREETT STREETU STREET
B STREET
SAND CREEK ROADB STREET
SAND CREEK ROAD
V STREET
V COURT
W STREET
X STREET
Y STREET
Z STREETZ STREET
AA STREET
AA STREET
BB STREET
CC STREET
CC STREETDD STREET
DD COURT
EE STREET
DALLASRANCH ROAD
SAND CREEK ROAD
PARCEL GGPARCEL DD
PARCEL FF
PARCEL CC
PARKPARCEL NN
PARCEL IIPARCEL KK
PARCEL MMPARCEL LL
PARCEL JJ
PARCEL OO
PARCEL PP
TYPICAL RESIDENTIAL STREET (CROSS SLOPED) (56' R/W)
ROUNDABOUTEARTH DRAINAGE DITCH DETAIL
VESTING TENTATIVE MAPSTREET SECTIONS THE RANCHSUBDIVISION 9667CITY OF ANTIOCH CONTRA COSTA COUNTY CALIFORNIASCALE: 1"=100'DATE: DECEMBER 30, 2024 G:\1133-021\ACAD\TM\PHASE 2\TM03.DWGJOB NO.: 1133-0213002001000OF SHEETSSHEET NO.8 CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916) 788-4456 12/30/2024 3:36 PM3
LEGENDPROPOSEDEXISTINGFUTURE
4" BEVELED SPILL CURB & GUTTER
PARK
1234567891011121314151617181920212223242526272829303132333435363738394041424344454647484950515253545556575859606162636465666768697071727374 7576777879
80818283848586878889909192939495969798
99101102103104105106107108109110111112113114115116117118119120121122123124125126127128129130131132133134135136137138139140141142143144145146147148149150151152153154155156157158159160161162163164165166167168169170171172173174175176177178179180181182183184185186187188189190191192193194195196197198199200201202203204205206207208209210211212213
PARCEL EEPARKPARCEL BB
100
B STREETC STREETC STREETP STREETO STREETQ STREETR STREETT STREETU STREET
B STREET
SAND CREEK ROADB STREET
SAND CREEK ROAD
V STREET
V COURT
W STREET
X STREET
Y STREET
Z STREETZ STREET
AA STREET
AA STREET
BB STREET
CC STREET
CC STREETEE STREET
DALLASRANCH ROAD
SAND CREEK ROAD
PARCEL GG
PARCEL JJ
PARCEL DDPARCEL CC
PARCEL FF
DD COURTDD STREET
PARKPARCEL NN
PARCEL IIPARCEL KK
PARCEL MMPARCEL LL
PARCEL OO
PARCEL PP
LEGENDPROPOSEDEXISTINGFUTURE THE RANCHSUBDIVISION 9667CITY OF ANTIOCH CONTRA COSTA COUNTY CALIFORNIASCALE: 1"=100'DATE: DECEMBER 30, 2024 G:\1133-021\ACAD\TM\PHASE 2\TM04.DWGJOB NO.: 1133-0213002001000OF SHEETSSHEET NO.8 CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916) 788-4456 12/30/2024 3:36 PM
VESTING TENTATIVE MAPDIMENSION PLAN4
··NOTES
PARK
1234567891011121314151617181920212223242526272829303132333435363738394041424344454647484950515253545556575859606162636465666768697071727374 7576777879
80818283848586878889909192939495969798
99100101102103104105106107108109110111112113114115116117118119120122123124125126127128129130131132133134135136137138139140141142143144145146147148149150151152153154155156157158159160161162163164165166167168169170171172173174175176177178179180181182183184185186187188189190191192193194195196197198199200201202203204205206207208209210211212213
PARCEL EEPARKPARCEL BB
121
B STREETC STREETC STREETP STREETO STREETQ STREETR STREETT STREETU STREET
B STREET
SAND CREEK ROADB STREET
SAND CREEK ROAD
V STREET
V COURT
W STREET
X STREET
Y STREET
Z STREETZ STREET
AA STREET
AA STREET
BB STREET
CC STREET
CC STREETDD STREET
DD COURT
EE STREET
DALLASRANCH ROAD
SAND CREEK ROAD
PARCEL GG
PARCEL JJ
PARCEL DDPARCEL CC
PARCEL FF
PARKPARCEL NN
PARCEL IIPARCEL KK
PARCEL MMPARCEL LL
PARCEL OO
PARCEL PP
THE RANCHSUBDIVISION 9667CITY OF ANTIOCH CONTRA COSTA COUNTY CALIFORNIASCALE: 1"=100'DATE: DECEMBER 30, 2024 G:\1133-021\ACAD\TM\PHASE 2\TM05.DWGJOB NO.: 1133-0213002001000OF SHEETSSHEET NO.8 CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916) 788-4456 12/30/2024 3:37 PM
VESTING TENTATIVE MAPLOT AREA PLAN5
LEGENDPROPOSEDEXISTINGFUTURELOW DENSITY (LD-3)MINIMUM LOT SIZE: 5,525 SF±AVERAGE LOT SIZE:7,784 SF±MAX LOT SIZE:16,654 SF±
PARK PARCEL EEPARKPARCEL BB
1234567891011121314151617181920212223242526272829303132333435363738394041424344454647484950515253545556575859606162636465666768697071727374 7576777879
80818283848586878889909192939495969798
99100101102103104105106107108109110111112113114115116117118119120121122123124125126127128129130131132133134135136137138139140141 150151152153154155156157158159160161162163164165166167168169170171172173174175176177178179180181182183184185186187188189190191192193194195196197198199200201202203204205206207208209210211212213142143144145146147148149 FF
RR
GG
TT
JJ
PPQQ
SS
Y
Y
WW
PARCEL JJ
B STREETC STREETC STREETP STREETO STREETQ STREETR STREETT STREETU STREET
B STREET
SAND CREEK ROAD
B STREET
SAND CREEK ROAD
V STREET
V COURT
W STREET
X STREET
Y STREET
Z STREETZ STREET
AA STREET
AA STREET
BB STREET
CC STREET
CC STREETDD STREET
DD COURT
EE STREET
DALLASRANCH ROAD
SAND CREEK ROAD
KK
CCII
XX
AA
LL
MMNN
HH
EE
OO
PARCEL GG
PARCEL FF
PARCEL CCPARCEL DD VV
BB
PARKPARCEL NN
PARCEL IIPARCEL KK
PARCEL MM
PARCEL LL
PARCEL OO
DD
UU
ZZ
P 297.7P 300.5P 303.3P 309.0P 310.0P 311.0
P 310.9P 306.5P 302.8P 299.9P 297.0
P 294.7P 289.5P 289.5P 288.5P 287.6P 285.0P 282.4P 279.8P 277.2P 274.6P 272.0P 269.4P 266.8P 264.2P 261.3P 258.8P 256.3P 256.0P 255.4 P 256.3P 258.5P 261.0P 263.5P 266.0P 268.5P 271.0P 273.5P 276.0P 278.5P 281.0P 283.5 P 279.5P 279.0P 278.5P 278.0P 277.8P 277.4P 277.1P 276.9P 276.4P 276.4P 276.7P 276.9P 276.5 P 277.3P 277.0P 276.5P 276.0P 275.5P 275.0P 274.5P 274.0 P 274.0P 275.0P 275.5P 276.1P 275.8P 276.5
P 273.7P 274.2P 274.7P 275.2P 275.7P 276.2
P 268.8P 268.4P 268.0P 268.0P 268.0P 273.0P 273.0P 273.5P 269.6P 269.1P 268.5P 268.0P 267.5P 266.8P 265.8P 264.8P 264.0P 263.6P 263.2P 262.8P 262.4P 262.0P 261.6P 261.2P 260.8P 260.4P 260.0P 259.6P 260.0P 260.3P 260.8P 260.3P 259.9P 259.5P 259.4P 259.4P 260.0P 259.6P 259.6P 259.6 P 260.1P 260.5P 260.8P 260.8P 260.4P 259.9P 260.2P 260.6P 261.2P 261.7P 262.2P 263.0P 264.0P 264.7P 265.4P 266.1P 266.8P 267.5P 268.3 P 290.3P 286.1P 285.1P 288.6P 286.6P 284.1P 284.6P 283.1P 282.6P 282.1P 276.8P 277.0P 274.5P 272.0P 269.5P 267.0 P 280.0P 277.5P 275.0P 272.5P 270.0P 267.5P 265.0P 262.5 P 264.5P 263.5P 263.5P 261.0
P 260.0P 258.0P 256.5P 255.5
P 258.5P 256.0
P 255.9P 255.3P 255.5
P 266.8P 267.8P 265.8P 264.8
P 268.4
P 264.0P 263.6
P 267.8P 267.0
P 263.2P 262.8
P 266.2P 265.6
P 262.4P 262.0
P 264.9
P 261.6
P 264.3P 263.7P 263.1P 262.4P 262.0P 261.6P 261.2P 260.8P 260.4P 260.0P 260.0P 260.4P 260.7P 259.7P 259.5P 259.9P 260.3P 260.8P 260.3P 260.0P 259.6P 260.0P 260.4P 260.8P 261.2 P 254.0 P 272.7
P 258.9
PARCEL PP
SECTION F-F
SECTION J-J
SECTION G-G
SECTION P-PSECTION Q-Q
SECTION T-TSECTION R-RSECTION S-S
SECTION X-X
SECTION Y-Y
SECTION W-W
B STREETB STREET
C STREETCC STREET
SAND CREEK ROAD
SAND CREEK ROADSAND CREEK
SAND CREEK ROAD
SECTION K-KSECTION I-I
SECTION A-A
SECTION M-M
SECTION L-L
SECTION N-N
SECTION E-ESECTION H-H
SECTION O-O
SECTION C-CSECTION B-B
SECTION V-VSAND CREEK ROAD
SECTION D-D
SECTION U-UB STREET
SECTION Z-Z
EARTH DRAINAGE DITCH DETAIL
THE RANCHSUBDIVISION 9667CITY OF ANTIOCH CONTRA COSTA COUNTY CALIFORNIASCALE: 1"=100'DATE: DECEMBER 30, 2024 G:\1133-021\ACAD\TM\PHASE 2\TM06.DWGJOB NO.: 1133-0213002001000OF SHEETSSHEET NO.8 CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916) 788-4456 12/30/2024 3:38 PM
VESTING TENTATIVE MAPCONCEPTUAL GRADING PLAN6
LEGENDPROPOSEDEXISTING
P 155.1100
EARTHWORK SUMMARYDESCRIPTIONCUT (CY)FILL (CY) ·
PARK
1234567891011121314151617181920212223242526272829303132333435363738394041424344454647484950515253545556575859606162636465666768697071727374 7576777879
80818283848586878889909192939495969798
99100101102103104105106107108109110111112113114115116117118119120121122123124125126127128129130131132133134135136137138139140141 150151152153154155156157158159160161162163164165166167168169170171172173174175176177178179180181182183184185186187188189190191192193194195196197198199200201202203204205206207208209210211212213142143144145146147148149 PARK
B STREETC STREETC STREETP STREETO STREETQ STREETR STREETT STREETU STREET
B STREET
SAND CREEK ROAD
B STREETV STREET
V COURT
W STREET
X STREET
Y STREET
Z STREETZ STREET
AA STREET
AA STREET
BB STREET
CC STREET
CC STREETDD STREET
DD COURT
EE STREET
DALLASRANCH ROAD
SAND CREEK ROAD
PARCEL CCPARCEL DD
PARCEL GG
SAND CREEK ROAD
PARKPARCEL NN
PARCEL IIPARCEL KK
PARCEL MM
PARCEL LL
PARCEL JJ
PARCEL OO
PARCEL PP
VESTING TENTATIVE MAPCONCEPTUAL UTILITY PLAN THE RANCHSUBDIVISION 9667CITY OF ANTIOCH CONTRA COSTA COUNTY CALIFORNIASCALE: 1"=100'DATE: DECEMBER 30, 2024 G:\1133-021\ACAD\TM\PHASE 2\TM07.DWGJOB NO.: 1133-0213002001000OF SHEETSSHEET NO.8 CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916) 788-4456 12/30/2024 3:38 PM7
EXISTINGLEGEND
100
PROPOSED
YIELDYIELD
YIELDYIELD
YIELDYIELD
PARK PARCEL EEPARKPARCEL BB
1234567891011121314151617181920212223242526272829303132333435363738394041424344454647484950515253545556575859606162636465666768697071727374 7576777879
80818283848586878889909192939495969798
99100101102103104105106107108109110111112113114115116117118119120121122123124125126127128129130131132133134135136137138139140141 150151152153154155156157158159160161162163164165166167168169170171172173174175176177178179180181182183184185186187188189190191192193194195196197198199200201202203204205206207208209210211212213142143144145146147148149
B STREETC STREETC STREETP STREETO STREETQ STREETR STREETT STREETU STREET
B STREET
SAND CREEK ROADB STREET
SAND CREEK ROAD
V STREET
VCOURT
W STREET
X STREET
Y STREET
Z STREETZ STREET
AA STREET
AA STREET
BB STREET
CC STREET
CC STREETDD STREET
DDCOURT
EE STREET
DALLASRANCH ROAD
SAND CREEK ROAD
PARCEL GG
PARCEL DDPARCEL CC
PARCEL FF
27C1339 1339
3939
39 22
22 22
PARKPARCEL NN
PARCEL IIPARCEL KK
PARCEL MMPARCEL LL
PARCEL JJ
PARCEL OO PARCEL PP
41 158159182
183
1617
18 THE RANCHSUBDIVISION 9667CITY OF ANTIOCH CONTRA COSTA COUNTY CALIFORNIASCALE: 1"=100'DATE: DECEMBER 30, 2024 G:\1133-021\ACAD\TM\PHASE 2\TM08.DWGJOB NO.: 1133-0213002001000OF SHEETSSHEET NO.8 CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916) 788-4456 12/30/2024 4:06 PM
VESTING TENTATIVE MAPTRAFFIC SIGNING, STRIPING, & PARKING PLAN8
PARKING SUMMARY
STRIPING NOTES:SIGNING NOTES:
LEGENDPROPOSEDEXISTINGFUTURE
22 50' SIGHT TRIANGLESCALE 1" = 20'
TYPICAL HOUSE PLAN EXTERIOR & DRIVEWAYSCALE 1" = 30'
···
TYPICAL LOW DENSITY PARKINGSCALE 1" = 20'
EXHIBIT B:
DRAFT CONDITIONS OF APPROVAL
THE RANCH TM 9667 PHASE 2
1. Project Approval . This Vesting Tentative Map, Use Permit and Design Review approval is for 9667 Deer Valley Road, as substantially shown and described on the project plans, except as required to be modified by conditions herein or in the Development Agreement. Plans dated December 30, 2024, as presented to the City Council on DATE (“Approval Date.”). For any condition herein that requires preparation of a Final Plan where the project applicant has submitted a conceptual plan, the project applicant shall submit final plan(s) in substantial conformance with the conceptual plan, but incorporate the modifications required by the conditions herein for approval by the City.
2. Project Approval Expiration. This approval expires 10 years with expiration of the date of D evelopment agreement for the entire The Ranch 1,177 residential community development, between the City of Antioch and Richland Planned communities, Inc. DATED” September 10, 2020 (or date on which this approval becomes effective) or an alternate time specified unless a building permit has been issued, and construction diligently pursued. The approval may be reviewed by the Community Development Director for a period up to an additional two (2) years, provided that, at least ten (10) days before expiration of one (1) year from the date when the approval becomes effective, an application for renewal of the approval is filed with the Community Development Department. The Community Development Director may grant a renewal of an approval where there is no change in the original application, or there is no request to change any condition of approval for up to two additional years from the expiration date.
3. City Fees. The applicant shall pay all City and other related fees applicable to the property, as may be modified by conditions herein. Fees shall be based on the current fee structure in effect at the time the relevant permits are secured and shall be paid before issuance of said permit or before any City Council final action approval. Notice shall be taken specifically of Plan Check, Engineering, Fire, and Inspection Fees. The project applicant shall also reimburse the City for direct costs of planning; building and engineering plan check and inspection, as mutually agreed between the City and applicant.
• Discretionary or ministerial permits/approvals will not be considered if the developer is not current on fees, balances, and reimbursement that are outstanding and owed to the City.
4. Pass-Through Fees. The developer shall pay all pass-through fees shown below or show that the fees have been paid with the use of fee credits . Fees include but are not limited to:
• East Contra Costa Regional Fee and Financing Authority (ECCRFFA) Fee in effect at the time of building permit issuance.
• Contra Costa County Fire Protection District Fire Development Fee in place at the time of building permit issuance.
EXHIBIT B:
CONDITIONS OF APPROVAL
THE RANCH PHASE II
2 | Page
• Contra Costa County Map Maintenance Fee in affect at the time of recordation of the final map(s).
• Contra Costa County Flood Control District Drainage Area fee. • Delta Diablo Sanitation Sewer Fees.
• Aviano Sewer agreement with City of Antioch
5. Appeals. Pursuant to Section 9-5.2509 of the Antioch Municipal Code, any decision made by the Planning Commission which would otherwise constitute final approval or denial may be appealed to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk within five (5) working days after the decision. All appeals to the City Council from the Planning Commission shall be accompanied by a filing fee established by a resolution of the City Clerk.
6. Requirement for Building Permit. Approval granted by the Planning Commission or City Council does not constitute a building permit or authorization to begin any construction or demolish an existing structure. An appropriate permit issued by the Community Development Department must be obtained before constructing, enlarging, moving, converting, or demolishing any building or structure within the City.
7. Modifications to Approved Plans. The project shall be constructed as approved and with any additional changes required pursuant to the Conditions of Approval.
Planning staff may approve minor modifications in the project design, but not the permitted land uses. A change requiring discretionary approval and any other changes deemed appropriate by the Planning staff shall require further approval through the discretionary review process.
8. Mitigation Monitoring and Reporting Program. The developer shall comply with all mitigation measures identified in the Mitigation Monitoring and Reporting Program for The Ranch (GP-20-01, MDP-20-01)
9. Compliance Matrix. With the submittal of all grading plans, improvement plans, and building permit plans, the applicant shall submit to the Community Development Department a Conditions and Mitigation Measures Compliance Matrix that lists: each Condition of Approval and Mit igation Measure, the City division responsible for review, and s how the applicant meets the Condition of Approval or Mitigation Measure. The applicant shall update the compliance matrix and provide it with each submittal.
10. Hold Harmless Agreement/Indemnification . The applicant (including any agent thereof) shall defend, indemnify, and hold harmless, the City of Antioch and its agents, officers and employees, from any claim, action, or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul the City's approval concerning this application. The city will promptly notify the applicant of any such claim action or proceeding and cooperate fully in the defense.
EXHIBIT B:
CONDITIONS OF APPROVAL
THE RANCH PHASE II
3 | Page
11. The development shall comply with the City of Antioch Municipal Code, unless a specific exception is granted thereto, or is otherwise modified in these conditions or in the Development Agreement.
12. Permits or approvals, whether discretionary or ministerial, will not be considered if the developer is not current on fees, reimbursement and/or other payments that are due the City.
13. All advertising signs shall be consistent with the Sign Ordinance or as approved by the Community Development Director.
14. Subdivision Map Act Compliance. The Vesting Tentative Map approval is subject to the timelines established in the State of California Subdivision Map Act or as extended by a Development Agreement.
15. Final Master Parcel Map. The Developer may file a Final Master Parcel Map based being in substantial conformance with the phase 2 Vesting Tentative Map of subdivision 9667 prepared by Carlson, Barbee and Gibson , Inc. (CBG) located in San Ramon, CA, on December 30,2024 received by the Community Development Department, and also shall be in compliance to the conditions of approval and mitigations measures of this approved “The Ranch Subdivision 9667” project.
Approval of the Vesting Tentative Map shall not constitute the approval of any improvements on the Vesting Tentative Map until they are fully designed on the required improvement plans, constructed, inspected, and signed off by publics works department. These conditions of approval shall not be construed as a guarantee of future extension or reapprovals of this or similar maps, nor is it an indication of future availability of water or sewer facilities or permission to develop beyond what is approved by this vesting tentative map.
16. On-Street Parking. One (1) on-street parking space per lot shall be located within close proximity to the unit served, as shown on the vesting tentative map prepared by CBG and associates and stamped received by the Planning Division on 12/30/2024, or as otherwise approved by the City Engineer in writing.
17. Master Final Parcel Map. The Developer may file a master final map subdividing the Phase 2 of “The Ranch” new parcel 2 of 89.38 acres into one to three parcels for further subdivision and development as shown on the Tentative Map 9667. Parcel 1, Phase 2A, development may consist of residential lots 1-79 with the listed below streets and improvements for future residential development and improvement .
Parcel 2, Phase 2 B development may consist of residential lots 80 to 115 with the listed below streets and improvements for future residential development and improvement. Parcel 3, Phase 2C development may consist of residential lots 116 to 213 with the listed below streets and improvements for future residential development and improvement. This means that the developer may create up to three large parcels EXHIBIT B:
CONDITIONS OF APPROVAL
THE RANCH PHASE II
4 | Page
of each of the above listed residential areas with the first final map of this phase and then file subsequent subdivisions of large parcels 1,2 and 3 into the residential lots shown on the tentative map 9667.
18. Base Infrastructure for New parcel 2 into Parcels 1,2, and 3. With the development of new parcel 2, that consists of phase 2 Tentative Map 9667 are the following back bone dedications and improvements as shown in TM 9667 . These backbone dedications and improvements are the following:
1. Offer of dedication and begin construction on Sand Creek Road (112’R/W) from the westerly line of Lot 1, phase 1 at the end of Sand Creek Road that connects to existing dead end of Dallas Ranch Road at the north property line of new parcel 2, with 2 - 32’wide paved streets (f/c to f/c), and a 16’ wide landscaped median, 6’ wide sidewalks and 10’wide parkway landscaping from curb and gutter and sidewalks on both sides of the paved roadways . Roadway completion timing is based on Exhibit B in the project development agreement with the city.
2. Offer of dedication and begin construction on street B (56’R/W) (f/c to f/c), with a 20’ wide landscape parkway adjacent on one side of the roadway, and 5’wide PUE and landscaped parkway between street curb and gutter to and residential properties lines of the street as shown on said tentative map at 1st building permit issuance within TM 9667.
3. Offer of d edication and begin construction on future Sand Creek Road (112’ R/W) roadway access from Sand creek Road of phase 1 to the northernly property line of phase 2 to the connection of Dalla Ranch Road, and from the second most western intersection of street B (112’R/W) and Sand Creek Road extend the future roadway south shown as right of way for future access roadway for phase 3 development as shown on said tentative Map. Constructed with this future road extension is various storm drain improvements to drain the open space area so not to cause any further soil erosion to the banks of Sand creek . Roadway completion timing is based on Exhibit B in the project development agreement with the city.
4. Offer of d edication and begin construction on all proposed utility improvements in Sand Creek Road (from Sand Creek Road to west phase 1 terminus at the lot 1 property line to Dallas Ranch Road) A as shown on the tentative map 9667 shall consist of the following: ( Roadway completion timing is based on Exhibit B in the project Development Agreement with the City).
a. 16” Water Main line in Sand Creek Road
b. 12” Non-Potable Water Main Line in Sand Creek Road
c. 8”-15” Sanitary sewer line in Sand Creek Road
d. 36”-48” Storm Drain line in Sand Creek Road
e. 8” Water Main in Street B
f. 18” Storm drains line in Street B
g. 8” Sanitary Sewer Line north in Street B
h. All Electrical Lines, switches and transformers, meters, etc. for adequate electrical services to future residential units in Lots 1, 2 and 3. i. Internet/ Cable TV lines, switches, transformers, meters, etc. to provide adequate internet service to future surrounding residential lots.
EXHIBIT B:
CONDITIONS OF APPROVAL
THE RANCH PHASE II
5 | Page
j. Along Sand Creek Road, dedication of landscape parcels II, KK, MM, LL (from the west New Parcel 1 property line to north and northeast property line of phase 2 Tentative Map). Retaining walls, fences and landscape improvements will occur when the adjacent residential lots develop.
k. Along with the dedication and improvement of Sand Creek Road, dedicate open space of parcels OO, PP, and construct 8 feet wide and 14’ wide trail along the edge of the phase 2 property line and the Sand Creek. This includes installation of all needed storm drain lines, grading, drainage inlets and outlet structures, drainage treatment, pathways, maintenance access roads, fencing, gates, and any other needed improvements for the parcel area to function as open space and future extension of utilities and righ t of way for phase 3. Improvements to be completed at noted building permit issuance timing listed in COA 129.
19. Improvements to Residential Lots 1 -79 in phase 2A. With the creation of residential Lots 1-79, the developer may file a subsequent final map of the following dedications and improvements in the layout shown with TM 9667:
a. The creation of residential Lots 1 -79 according to the layout shown on Tentative Map 9667.
b. Dedication and improvement of Street s V, X, Y, Z and Court V (56’ R/W), street pavement 36’ (F/C to F/C) with two 5’ sidewalks on each side of the paved roadway. c. Along Street B, shall dedicate parkway landscape parcels CC from street C to Sand Creek Rd. and install masonry fences and landscape improvements will occur when the adjacent residential lots develop to each park parcel. d. Dedicate Park parcel BB and Park Parcel EE to the City. The installation of all park landscaping, irrigation, and park amenities for subdivision will occur when with the construction of the first residential lot adjacent to the park parcel. e. Installation of all lot wood fencing and retaining walls to each of residential lots of these subdivisions will occur with final construction of adjacent residential houses, unless approved before by the City Engineer or Director and Community Development.
f. Construction of t he 4’ wide natural trail/path improvements located within Park parcel NN from V court to top of the hill lookout to Sand Creek Road shall be installed with the construction of adjacent residential lots to the park parcels unless waved and approved to be constructed in a later phase by the City Engineer and Director of Community Development.
20. Improvements for residential Lots 80-115, in parcel 1, phase 2B a. The creation of residential lots 80 -115 according to the layout as shown on tentative map 9667.
b. Street CC (56’R/W), 36’wide pavement (F/C to F/C), 2 -5’ wide sidewalks on both sides of the pavement.
c. Street DD and DD Court : (56’R/W) 36’wide pavement (F/C to F/C), 2- 5’ wide sidewalks on both sides of the pavement
d. Street EE (56’R/W) 36’wide pavement (F/C to F/C), 2 - 5’ wide sidewalks on both sides of the pavement:
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e. Parcel FF, Parkway Landscape improvements to street B. f. Parcel MM: Parkway Landscape improvements to Sand Creek Road g. Park Parcel NN: Parkway Landscape improvements
h. Park Parcel NND: Park improvements
i. Park parcel NN: Park improvements, Park amenities, landscaping, irrigation, sidewalks, play equipment, park signage.
g. Install a 5’ wide paved sidewalk/Trail path from Sand Creek Road to Street B and Street Z unless waved and approved to be constructed in a later phase by the City Engineer and Director of Community Development.
21. Trails: With the development of residential lots 116 to 213, a 1 4’ wide trail with to match the project Design Guidelines shall be constructed from the intersection of ‘Street B and Sand Creek Road to westerly property line of Lot 1. The trail section shall be 4” concrete over 6” of Class 2 AB.
22. Masonry Sound wall fencing. With the construction of residential lots in Phase 2A, The Developer shall construct a masonry sound wall fencing along streets B , from Street C and Sand Creek Road, along the parkway parcels, adjacent to residential lots. The developer shall construct 6’ high decorative masonry or concrete CMU sound walls in the parkway parcels. The locations of the Wall start and end locations, colors samples and decorative layout of the wall s shall be detailed on the improvement plans that will be reviewed and preapproved by the planning and building department prior to construction.
23. With the creation of the first final map from Tentative Map 9667 of phase 2, t he developer shall obtain the abandonment of existing 30’ wide pipeline and existing pole line easements as shown on the tentative map.
24. Improvements to Residential Lots 116 to 213, in phase 2C. With the creation of residential Lots 116 -213, the developer will file a subsequent final map of the following dedications and improvements in the layout shown with TM 9667:
a. Street AA (56’R/W) with 36’wide pavement (F/C to F/C), 2- 5’ wide sidewalks on both sides of the pavement:
b. Street BB (56’R/W) with 36’wide pavement (F/C to F/C), 2 -5’ wide sidewalks on both sides of the pavement:
c. Street CC (56’R/W) with 36’wide pavement (F/C to F/C), 2- 5’ wide sidewalks on both sides of the pavement:
d. Street Z(56’R/W) with 36’wide pavement (F/C to F/C), 2 - 5’ wide sidewalks on both sides of the pavement:
e. Parcel DD: Parkway landscape improvements along street B f. Parcel GG: Parkway landscape improvements along Street B g. Parcels JJ: Parkway Landscape improvements along C street (not labeled on map)
h. Parcels II: Parkway Landscape improvements along Sand Creek Road EXHIBIT B:
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i. Parcel KK: Parkway Landscape improvements along Sand Creek j. Delete
k. Along Sand Creek Road, developer shall dedicate landscape parcels II, KK, MM, LL (from the west New Parcel 1 property line to north and northeast property line of phase 2 Tentative Map). Retaining walls, fences and landscape improvements will occur when the adjacent residential lots develop.
l. Along Street C, dedicate a 5’ wide landscape parkway parcel QQ as shown on the said tentative map ( needs to be labeled). Retaining walls, fences and landscape improvements will occur when the adjacent residential lots develop. m. Parcel KK: Landscape parkway improvements along Sand Creek Road n. Parcel OO: Landscape, trail, sidewalk, and park improvements to the open space area.
Public Works Standard Conditions
25. City Standards. All proposed improvements shall be constructed to City standards or as otherwise approved by the City Engineer in writing.
26. Utility Construction. Public utilities shall be constructed to their ultimate size, location, and configuration with the road construction in which they are shown on the tentative parcel map TM 9667.
27. Utility Undergrounding. All existing and proposed utilities shall be undergrounded (including transformers and PMH boxes) and be subsurface pursuant to Section 7-3 “Underground Utility Districts” of the Antioch Municipal Code.
28. Utility Mapping. Prior to acceptance of public utilities, the Developer shall provide GPS coordinates of all existing and proposed utilities . This includes all Water Distribution Utility features, Sewer Collection Utility features, Storm Water Utility features, and all inverts associated with these features. Developer shall also include GPS coordinates of subdivision entry signs, street signs, light poles, water meter and irrigation controllers. These GPS coordinates must be taken on a survey-grade sub- meter GPS data receiver/collector and provided in GIS shapefile format using the NAVD 88 (with conversion information).
29. Sewer. The Developer shall install all sewage laterals from residential lots to houses and the line shall flow by gravity to the intersecting public street sewer main which will drain by gravity to existing City sewer trunk mains located east of the project per City standards as specified in project sewer master plan study of phase 1 and 2 of the Ranch development.
30. Storm Drain Design/Construction. The Developer shall design, and construct storm drain facilities to adequately collect and convey stormwater entering or originating within each development area to the nearest adequate man- made EXHIBIT B:
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drainage facility east of the project in phase 1 or natural watercourse, without diversion of the watershed.
a. All public utilities, including storm drainpipes and ditches, shall be installed in public streets avoiding any private connections between lot locations . All proposed drainage facilities, including open ditches, shall be constructed of Portland Concrete Cement, or as approved by the City Engineer.
b. Storm drains system shall flow to the water treatment and detention Basins located within parcel C the phase 1 tentative map with no diversion out of existing watershed(s).
c. The detention basin and associated improvements shall be constructed and operational prior to issuance of first residential building permit.
d. All Water quality and detention basins are located in parcel C of phase 1 shall be designed to the satisfaction of the City Engineer with an emergency spillway to provide controlled overflow relief for large storm events. An Operations and Maintenance Manual (for each basin) shall be submitted to the City for basins prior to the issuance of the first building permit of this phase 2.
31. Water Pressure. The Developer shall provide adequate water pressure and volume to serve individual housing units within this development in accordance with city standards. This will include a minimum flow of 50 gpm at 20 psi residual pressure at each residential house water service as approved by the City Engineer . See Fire Requirements for additional water flow conditions.
32. Requirement for Looped System. The public water main shall be designed as a looped distribution system in all phases of construction. If not already connected as a looped water system, developer shall be responsible for installing any additional water mains outside the project as a looped system at no cost to the City.
33. Hydrology Analysis. The developer shall submit a 10 year and 100 -year (24-hour rain event) hydrology and hydraulic analyses/ report as part of the storm water control plan. The analysis/ report shall demonstrate adequacy of the in-tract drainage system to the downstream drainage system . The analysis shall also be reviewed and approved by the city and Contra Costa County Flood Control.
34. Retaining Walls. The developer shall construct retaining walls where a grade transition reaches more than 2:1 slope and soil is not retained by a retaining wall .
The following shall apply:
a. Public Right of Way. Retaining walls shall not be constructed in City right-of-way or other City maintained parcels unless otherwise approved by the City Engineer.
b. Materials. All retaining walls shall be of concrete masonry unit construction.
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c. Height. All retaining walls shall be reduced in height to the maximum extent practicable and the walls shall meet the height requirements in the front yard setback and sight distance triangles as required by the City Engineer.
35. Fences. The developer shall construct rear and side yard fencing for all units in each phase of construction. All interior residential fences shall be made of wood or other suitable durable material and located at the top of slope or as approved by the City Engineer.
a. In cases where a fence is to be built in conjunction with a retaining wall, and the wall face is exposed to a side street, the fence shall be setback a minimum of three feet (3’) behind the retaining wall per Antioch Municipal Code § 9-5.1603, or as otherwise approved by the City Engineer in writing.
b. All fencing adjacent to open space (trails and basins) shall be wrought iron, tubular steel, or as otherwise approved by the City Engineer in writing at the time of improvement plan approval and shall be located at the top of slope.
36. All residential houses shall have rain gutters and downspouts installed that will direct water away from the building foundation unless approved by the City Engineer
Conservation/NPDES
37. C.3 Compliance. Per State Regulations, all impervious surfaces including off -site roadways to be constructed as part of the project are subject to C.3, County and State requirements.
38. NPDES. The project shall comply with all Federal, State, and City regulations for the National Pollution Discharge Elimination System (NPDES) (AMC§6 -9). (Note: Per State Regulations, NPDES Requirements are those in affect at the time of the Final Discretional Approval.)
a. Under NPDES regulations, the project is subject to provision C.3: “ New development and redevelopment regulations for storm water treatment.” b. Requirements. Provision C.3 requires that the project include storm water treatment and source control measures, as well as run- off flow controls so that post-project runoff does not exceed estimated pre-project runoff. c. Storm Water Control Plan. C.3 regulations require the submittal of a Storm Water Control Plan (SWCP) that demonstrate plan compliance. The SWCP shall be submitted concurrently with site improvement plans. d. Operation and Maintenance Plan. For the treatment and flow-controls identified in the approved SWCP, a separate Operation and Maintenance Plan (O&M) shall be submitted to the Building Department at the time of permit submittal. e. CCRs. Both the approved SWCP and O&M plans shall be included in the project CC&Rs. Prior to building permit final and issuance of a Certificate of Occupancy, EXHIBIT B:
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the developer shall execute any agreements identified in the Storm Water Control Plan that pertain to the transfer of ownership and/or long- term maintenance of storm water treatment or hydrograph modification BMPs .
Already stated in COAs below, 5.c and 5.h.w.
39. NPDES Plan Submittal Requirements. The following requirements of the federally mandated NPDES program (National Pollutant Discharge Elimination System) shall be complied with as appropriate, or as required by the City Engineer:
a) Application. Prior to issuance of permits for building, site improvements, or landscaping, the developer shall submit a permit application consistent with the developer’s approved Storm Water Control Plan, and include drawings and specifications necessary for construction of site design features, measures to limit directly connected impervious area, pervious pavements, self -retaining areas, treatment BMPs, permanent source control BMPs, and other features that control storm water flow and potential storm water pollutants.
b) Certified Professional. The Storm Water Control Plan shall be prepared by a certified by a registered civil engineer, and by a registered architect or landscape architect as applicable . Professionals certifying the Storm Water Control Plan shall be registered in the State of California and submit verification of training, on design of treatment measures for water quality, not more than three years prior to the signature date by an organiz ation with storm water treatment measure design expertise (e.g., a uni versity, American Society of Civil Engineers, American Society of Landscape Architects, American Public Works Association, or the California Water Environment Association), and verify understanding of groundwater protection principles applicable to the project site (see Provision C.3.i of Regional Water Quality Control Board Order R2 2003 0022).
c) Final Operation & Maintenance Plan. Prior to building permit final and issuance of a Certificate of Occupancy of last unit of every phase of development, the developer shall submit, for review and approval by the City, a final Storm Water BMP Operation and Maintenance Plan in accordance with City of Antioch guidelines. This O&M plan shall incorporate City comments on the draft O&M plan and any revisions resulting from changes made during construction. The O&M plan shall be incorporated into the CC&Rs for the Project.
d) Long Term Management. Prior to building permit final and issuance of a Certificate of Occupancy, the developer shall execute and record any agreements identified in the Storm Water Control Plan which pertain to the transfer of ownership and/or long- term maintenance of storm water treatment or hydrograph modification BMPs.
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e) Design Details.
i.The Developer shall prevent any residential lot drainage from draining across another residential lots, private sidewalks, and driveways in a concentrated manner.
ii. The developer shall install on all catch basins “No Dumping, Drains to River” decal buttons on all curb openings of the drainage inlets.
f) Hydrology Calculations . The developer shall collect and convey all storm water entering, and/or originating from the developed site to an adequate downstream drainage facility without diversion of the watershed. Submit hydrologic and hydraulic calculations with the Improvement Plans to Engineer Department for review and approval prior to grading permit.
g) Regional Water Quality Control. Prior to issuance of the grading permit, the developer shall submit proof of filing of a Notice of Intent (NOI) by providing the unique Waste Discharge Identification Number (WDID#) issued from the Regional Water Quality Control Board.
h) SWPP. The developer shall submit a copy of the Storm Water Pollution Prevention Plan (SWPPP) for review to the Engineering Department prior to issuance of a building and/or grading permit . The general contractor and all subcontractors and suppliers of materials and equipment shall implement these BMP’s. Construction site cleanup and control of construction debris shall also be addressed in this program .
Failure to comply with the approved construction BMP may result in the issuance of correction notices, citations, or a project stop work order. i) BMP. The developer shall Install appropriate clean water devices at all private storms drain locations immediately prior to entering the public storm drain system. The developer shall Implement Best Management Practices (BMP’s) at all times during construction.
j) Erosion Control . The developer shall Include erosion control/storm water quality measures in the final grading plan that specifically address measures to prevent soil, dirt, and debris from entering the storm drain system . Such measures may include, but are not limited to, hydro seeding, gravel bags and siltation fences and are subject to review and approval of the City Engineer. If no grading plan is required, necessary erosion control/storm water quality measures shall be shown on the site plan submitted for an on-site permit, subject to review and approval of the City Engineer .
The developer shall be responsible for ensuring that all contractors and subcontractors are aware of and implement such measures.
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k) On-Going Maintenance.
i) The developer shall sweep or vacuum the roadway pavements a minimum of once a month and prevent the accumulation of litter and debris on the site. Corners and hard to reach areas shall be swept manually.
ii. If sidewalks are pressure washed, debris shall be trapped and collected to prevent entry into the storm drain system . No cleaning agent may be discharged into the storm drain. If any cleaning agent or degreaser is used, wash water shall be collected and discharged to the sanitary sewer, subject to the approval of the sanitary sewer District.
iii. The developer shall ensure that the area surrounding the project such as the streets stay free and clear of construction debris such as silt, dirt, dust, and tracked mud coming in from or in any way related to project construction. Areas that are exposed for extended periods shall be watered regularly to reduce wind erosion. Paved areas and access roads shall be swept on a regular basis. All trucks shall be covered.
iv. The developer shall clean all on- site storm drain facilities a minimum of twice a year, once immediately prior to October 15 and once in January. Additional cleaning may be required if found necessary by City Inspectors and/or City Engineer.
Additional information regarding the project SWCP is necessary and modifications to the SWCP shown on the proposed Vesting Tentative Map may be required in order to comply with C.3 regulations.
Fire Standards
40. The Developer/ applicant shall comply with the following conditions provided by the Contra Costa County Fire Protection District in the letter dated August 25, 2020:
a. CFD. The applicant shall annex into the Contra Costa County Fire Protection District (CFD) to fund the incremental cost of fire protection and ambulance service delivery. The developer shall contact the Office of the Fire Chief for specific details on the annexation into the fire CFD.
b. Site Access. Access shall comply with Fire District requirements. i. Provide emergency apparatus access roadways with all -weather (paved) driving surfaces of not less than 20-feet unobstructed width, and not less than 13 feet 6 inches of vertical clearance, to within 150 feet of travel distance to all portions of the exteri or walls of every building. Access shall have a minimum outside turning radius of 45 feet and must be capable of supporting the imposed fire apparatus loading of 37 tons. Access roadways shall not exceed 20% grade. Grades exceeding 16% shall be constructed of grooved concrete per the attached Fire District standard. (503) CFC
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c. No-Parking-Fire Lane. Access roadways of less than 28-feet unobstructed width shall have signs posted or curbs painted red with the words NO PARKING – FIRE LANE clearly marked. (22500.1) CVC, (503.3) CFC
i. Access roadways of 28 feet or greater, but less than 36-feet unobstructed width shall have NO PARKING – FIRE LANE signs posted, allowing for parking on one side only or curbs painted red with the words NO PARKING – FIRE LANE clearly marked. (22500.1) CVC, (503.3) CFC
d. Turnarounds. Turnarounds shall comply with Fire District Requirements.
e. Water Supply. The developer shall provide adequate and reliable water supply for fire protection with a minimum fire flow of 15 00 GPM per fire hydrant. Required flow must be delivered from not more than 2 hydrants flowing full for a duration of 120 minutes while maintaining 20-pounds residual pressure in the main. ( 507.1), (8105) CFC
f. Hydrants. The developer shall provide hydrants of the East Bay type in compliance with Chapter 5 and Appendix D of the California Fire Code. (C103.1) CFC
g. Improvement Plans. The developer shall submit a minimum of two (2) copies of full size, scaled site improvement plans indicating:
i. All existing or proposed hydrant locations
ii. Fire apparatus access.
iii. Size of building and type of construction
iv. Striping and signage plan
This is a separate submittal from the building construction plans. These plans shall be approved prior to submitting building plans for review. (501.3) CFC
h. Emergency Apparatus. Emergency apparatus access roadways and hydrants shall be installed, in service, and inspected by the Fire District prior to construction or combustible storage on site. (501.4) CFC
Note: A temporary aggregate base or asphalt grindings roadway is not considered an all -weather surface for emergency apparatus access. The first lift of asphalt concrete paving shall be installed as the minimum roadway material and must be engineered to support the designated gross vehicle weight of 37 tons.
i. Automatic Fire Sprinkler Systems. The homes as proposed shall be protected with an approved automatic fire sprinkler system complying with the 2019 edition of NFPA 13D or Section R313.3 of the 2019 California Residential Code. Submit a minimum of two (2) sets of plans to this office for r eview and approval prior to installation. (903.2) CFC, (R313.3) CRC, Contra Costa County Ordinance 2019-37.
j. Traffic Signal. The developer shall provide traffic signal pre- emption systems (Opticom) on any new or modified traffic signals installed with this development. (21351) CVC
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k. Combustible Storage. Flammable or combustible liquid storage tanks shall not be located on the site without obtaining approval and necessary permits from the Fire District. (3401.4) CFC
l. Vegetation Management. The owner shall cut down and remove all weeds, grass, vines, or other growth that is capable of being ignited and endangering property. (304.1.2) CFC
m. Subdivision Review. Development on any parcel in this subdivision shall be subject to review and approval by the Fire District to ensure compliance with minimum requirements related to fire and life safety. Submit three (3) sets of plans to the Fire District prior to obtaining a building permit. (501.3) CFC
n. Fire Prevention Program . The owner or the owner’s authorized agent shall be responsible for the development, implementation and maintenance of a written plan establishing a fire prevention program at the project site applicable throughout all phases of the construction. The plan shall be made available f or review by the fire code official upon request. (Ch.33) CFC
o. Pre fire Plan. The fire prevention program superintendent shall develop and maintain an approved pre-fire plan in cooperation with the fire chief. The fire chief and fire code official shall be notified of changes affecting the utilization of information contained in such pre-fire plans. (Ch.33) CFC
41. Requirement for Master map Phasing Plan. Unless others specified in these conditions, all master map improvements shall be built continuously in one phase. If the Developer decides to phase project, then the developer shall provide a phasing plan to the Community Development and Engineering Departments for review and approval.
42. Final Landscape Plans. The Developer/applicant shall submit final landscape plans that identify specific plant materials to be used, including all shrubs and groundcover, providing both common and botanical names, sizes, and quantities at the time of building permit submittal. The project shall emphasize local and native species of plants in the final landscape plans.
43. Water Efficient Landscape Ordinance. Landscaping for the project shall be designed to comply with the applicable requirements of City of Antioch Ordinance No. 2162-C-S The State Model Water Efficient Landscape Ordinance (MWELO). The applicant shall demonstrate compliance with the applicable requirements of the MWELO in the landscape and irrigation plans submitted to the City.
44. Common Area Landscaping. Landscaping shall be provided on all slopes, medians, C.3 basins and open space areas shall be approved by the City Engineer and installed at the applicant’s expense prior to building permit and occupancy.
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45. Rain Gutters and lot Drainage. All residential houses shall contain rain gutters and downspouts to direct water away from the concrete foundation as approved by the City Engineer.
46. Utility Location on Private Property. All improvements for each lot (water meters, sewer cleanouts, etc.) shall be contained outside of the driveway and within the lot and the projection of its sidelines or as approved by the City Engineer.
47. Trees. One (1) fifteen -gallon tree shall be located within the front yard of each residential lot prior to the issuance of the certificate of occupancy for each lot . The type and location of the tree shall be in substantial conformance with the preliminary landscape plan submitted to the City on and dated received by Community Development.
48. Based on any active drought conditions, the City Engineer has the authority to delay some or all of the landscape Conditions of Approval until a later approval by the City Engineer but prior to occupancy approval of the last residential unit in each subdivision.
49. Project shall emphasize local and native species of plants in the final landscape plans.
50. Water conservation measures, including low volume toilets, flow restrictors in showers and the use of drought tolerant landscaping, shall be used in each residential house.
51. The Project shall meet or exceed Tier 1 of the CAL Green Building Code
Grading Improvements
52. Requirement for Grading Permit. A grading permit is required prior to commencement of any grading operations. The permit shall be obtained through the City’s Building Department subject to review and approval by the City Engineer. The submitted plans shall incorporate any modifications required by the Conditions of Approval, geotechnical studies, NPDES and SWIP requirements.
53. Soils. Prior to the approval of the grading plan(s), the City Engineer shall determine if a soils or structural engineer, is required to review the building permit plan set submitted for this project. If deemed necessary by the City Engineer, field inspections by such professionals will be required to verify compliance with the approved plans.
The developer shall pay all costs for these consulting services.
54. Off-Site Grading. All off-site grading is subject to the coordination and approval of the affected property owners and the City Engineer . The developer shall submit EXHIBIT B:
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written authorization to “access, enter, and/or grade” adjacent properties prior to issuance of permit and performing any work outside the development project property shown on the TM 9571.
55. Grading Easements. Any sale of a portion (or portions) of this project to multiple developers shall include the necessary back bone improvements , development agreement and/or grading easements to assure that project -wide grading conforms to the approved tentative map and conditions of each phase of the project.
56. Grading Operation. The grading operation shall take place at a time, and in a manner, so as not to allow erosion and sedimentation to occur into the public storm drain system. The slopes shall be landscaped and reseeded as soon as possible after the grading operation ceases and rain events . Erosion measures shall be implemented during all construction phases in accordance with an approved erosion and sedimentation control plan and implementing proper erosion control detail techniques.
57. All residential lots and public parcels shall drain to closest public street, public storm drain, or approved drainage facilities as approved by the City Engineer.
58. All grading shall be accomplished in a manner that precludes surface water draining across any residential property lines. All residential lots shall independently drain to the public street.
59. All lots shall be graded to drain positively from the rear back yard by swale or underground system to the front yard by swales or pipes located on one or both sides of the lot to the front yard, that positivity slopes to public street. Each lot or parcel drainage shall be shown on grading and/or plot plans that have engineered by professional civil engineer and reviewed and approved by the City Engineer.
60. The slopes adjacent to the house footings shall have a minimum slope of two percent (2%) slope away from the footing and slope to closest drainage swale or catch basin or as directed by the City Engineer.
61. All off -site grading outside the project property lines is subject to the review, coordination and approval of the affected adjacent private property owners and the City Engineer . The developer shall submit written authorization to “access, enter, and/or grade” adjacent properties prior to issuance of permit and performing any work. If needed, the developer may need to obtain a grading easement.
62. The grading plan for this development shall be reviewed and approved by the City Engineer. Any changes to this plan shall be reviewed and approved by City Engineer prior to grading operations and the grading and plot plan updated.
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63. All elevations shown on the grading and plot plans shall be based on NAVD 88 datum with conversion information, as approved by the City Engineer.
64. Locations of building exterior walls, fences and retaining walls and drainage swales, side slopes, top and bottom of slopes, catch basins with underground pipe drainage systems, pipe out falls shall be shown on the grading and plot plans for review and approval. All the above features shall have proposed elevations shown on the grading plan and/or plot plans so the grading of each residential lot or public parcel can adequately drain to acceptable manor as approved by the City Engineer.
65. All retaining walls along public right of way lines to shall be reduced in height to the maximum extent practicable and the retaining walls shall meet maximum height requirements of line -of-sight distance triangles at lot close to intersections and at corners of roadways as required by the City Engineer.
66. The back -to-back or side- to-side grading transitions from lot -to-lot shall have a maximum slope of 2:1, and shall be accommodated entirely on the lower lot or as approved by the City Engineer
67. The minimum longitudinal slope of concrete gutters shall be 0.75% unless approved by the City Engineer.
68. All property lines on residential or commercial lots shall be located 1 foot from the top of slope unless approved by the City Engineer
69. The Developer shall implement Project -specific Geotechnical Recommendations Prior to issuance of any grading permits, all recommendations and specifications set forth in the project specific Geotechnical Exploration Report prepared for the proposed project shall be reflected on the project grading and foundation plans (inclusive of seismic design parameters), subject to review and approval by the City of Antioch Engineer
70. A Grading and Foundation Plan Review and Construction inspection /Monitoring program shall be completed prior to issuance of any grading permits. The developer/ project Applicant shall retain a design geotechnical engineering firm to review the final gradi ng and foundation plans and specifications to evaluate whether recommendations have been implemented from the project -specific Geotechnical Exploration Report, and to provide additional or modified recommendations, as needed. A California Registered Geologist and/or Engineer shall perform construction monitoring to check the validity of the assumptions made in the geotechnical investigation. Earthwork operations shall be performed under the observation of a California Registered Geologist and/or Engineer to check that the site is properly prepared, the selected f ill materials are satisfactory, and that placement and compaction of the fills has been performed in accordance with recommendations and the project specifications.
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71. The Development of a Storm Water Pollution Prevention Plan. Prior to the issuance of grading permits, the project Applicant shall prepare and submit to the City Public Works Department and Central Valley Regional Water Quality Control Board (RWQCB), a Storm Water Pollution Prevention Plan (SWPPP) detailing measures to control soil erosion and waste discharges during construction. The SWPPP shall include an erosion control plan, a water quality monitoring plan, a hazardous materials management plan, and postconstruction Best Management Practices.
72. The Developer shall conduct Pre-Construction Hazardous Materials Surveys prior to the issuance of a demolition permit for removal of each of the existing structures on- site. The Applicant shall hire a California Registered Asbestos Abatement Contractor to inspect, and if necessary, remove all asbestos containing materials, and conduct final clearance inspections (visual) to document the completion of the action. All demolition activities shall be completed in accordance with California Code of Regulations Title 17, Division 1, Chapter 8, Article 1. All construction work where an employee may be occupationally exposed to lead containing paint, including demolition, must comply with Occupational and Safety Health Administration (OSHA) Regulation 29 Code of Federal Regulations 1926.62, and California Occupational and Safety Health Administration (Cal/OSHA) Title 8 California Code of Regulations 1523.1.
73. Proper Well Abandonment of Well No. 1 is required in accordance with current California Department Division of Oil, Gas, and Geothermal Resources (DOGGR) regulations to address past oil and gas exploration and production activities. Prior to final map appr oval, the Applicant shall submit to the City of Antioch Engineering Department, for review and approval, plans which show that future inhabited structures will not be located over the two abandoned oil/gas wells. The plans shall be completed in compliance with the DOGGR Construction Site Review Program, which includes guidelines and recommendations for setbacks and mitigation measures for venting systems.
74. Removal of all Hazardous Material Containers prior to site grading. the Applicant shall cause all noted potentially hazardous material containers and tanks to be removed from the project area.
75. Petroleum Pipeline Abandonment/Removal Prior to commencement of residential construction. The Developer/Applicant shall ensure that all petroleum pipelines within the areas of the project site planned for development shall be abandoned and/or removed in accordance with applicable federal, state, and/or local standards to the satisfaction of the Contra Costa Environmental Health Department and the City Engineer. If any indicators of apparent soil contamination (soil staining, odors, debris fill material, etc.) are found at the project site associated with the petroleum pipelines, the impacted area shall be isolated from surrounding, nonimpacted areas. The project environmental professional shall obtain samples of the potentially impacted EXHIBIT B:
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soil for analysis of the contaminants of concern and comparison with applicable regulatory residential screening levels (i.e., Environmental Screening Levels, California Human Health Screening Levels, Regional Screening Levels, etc.). Where the soil contam inant concentrations exceed the applicable regulatory residential screening levels, the impacted soil shall be excavated and disposed of off -site at a licensed landfill facility to the satisfaction of the Contra Costa Environmental Health Department. If soil contaminants do not exceed the applicable regulatory residential screening levels, further action is not required.
76. Sewer System Requirements. The developer shall construct a sanitary sewer system for the project shall be in compliance with City of Antioch standard plans and to the satisfaction of the City Engineer prior to issuance of a building permit of any residential lots that it will serve.
77. Demolition Permit. A site demolition and grading permit will not be issued until all the required Storm Water and environmental permits have been issued and the site has completed all the required environmental inspections have occurred. All demolition shall be in accordance with permits issued by the City and Bay Area Air Quality Management District (BAAQMD).
78. Encroachment Permit. The applicant shall obtain a separate encroachment permit from the City of Antioch Engineering Department before commencing any construction activities within the public right of way.
79. Collection of Construction Debris. The developer shall deposit all construction debris into a Waste Management dumpster or other approved container that is emptied or removed from the project site on a regular basis consistent with the City Construction and Demolition Debris Ordinance. When appropriate, use tarps on the ground to collect fallen debris or splatters that could contribute to stormwater and soil pollution.
80. Construction Hours. Hours of construction activities shall be confined to hours defined in the Antioch Municipal Code. Construction activity is limited to 8:00 AM to 5:00 PM Monday-Friday or as approved in writing by the City Manager. Requests for alternative construction hours shall be submitted in writing to the City Engineer 5 working days in advance. Such times are usually restricted to the hours of 8:00 a.m. to 6:00 p.m. on weekdays and on weekends.
81. Demolition, Debris, Recycling. The project shall be in compliance with and supply all the necessary documentation for Antioch Municipal Code § 6-3.2: Construction and Demolition Debris Recycling.
82. The developer shall use proper (Standard) dust control means and methods be used to stabilize wind erosion and dust generated by construction activities. The developer shall post contact numbers of the developer site supervisor, City inspection staff, and EXHIBIT B:
CONDITIONS OF APPROVAL
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the air quality control board for the general public to be able to contact if they wish to complain.
83. The construction area shall be kept clean of all times of debris, (boxes, junk, garbage, etc.) and/or extensive stockpiles of earthwork and materials at all times.
84. Dallas Ranch Road at the Dallas Ranch 7 subdivision shall continue to be barricaded until the extension to Dallas Ranch Road is constructed with phase 2 and issuance of the 1st certificate of occupancy of phase 2. No construction access shall be allowed on this section of Sand Creek Road during construction of this subdivision’s improvements unless otherwise approved in writing by the City Engineer.
85. Filter Materials at Storm Drain Inlet. Install filter materials (such as sandbags, filter fabric, etc.) at the storm drain inlet nearest the downstream side of the project site prior to:
a. start of the rainy season (October 1).
b. site dewatering activities.
c. street washing activities.
d. saw cutting asphalt or concrete; and
e. order to retain any debris or dirt flowing into the city storm drain system. f. Filter materials shall be maintained and/or replaced as necessary to ensure effectiveness and prevent street flooding. Dispose of filter particles in the trash.
86. Archeological Remains. In the event subsurface archeological remains area discovered during any construction or preconstruction activities on the site, all land alteration work within 100 feet of the find shall be halted, the Community Development Department notified, and a professional archeologist, certified by the Society of California Archeology and/or the Society of Professional Archeology, shall be notified. Site work in this area shall not occur until the archeologist has had an opportunity to evaluate the significance of the find and to outline appropriate mitigation measures, if deemed necessary. If prehistoric archeological deposits are discovered during development of the site, local Native American organizations shall be consulted and involved in making resource management decisions.
87. Erosion Control Measures. The grading operation shall take place at a time, and in a manner, so as not to allow erosion and sedimentation into neighboring private parcels or existing streams. The slopes shall be landscaped and reseeded as soon as possible after the grading operation ceases . Erosion measures shall be implemented during all construction phases in accordance with an approved erosion and sedimentation control plan.
88. Dust Control. Standard dust control methods and designs shall be used to stabilize the dust generated by construction activities . The developer shall post signage with a contact number of the developer, City staff, and the air quality control board.
EXHIBIT B:
CONDITIONS OF APPROVAL
THE RANCH PHASE II
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Final Map
89. Removal of Vacated Easements. All easements of record that are no longer required and that will affect individual residential lots or parcels within this project shall be removed prior to or concurrently with the recordation of the final map or subsequent final maps or separate recorded documents as approved by City Engineer.
90. Required Easements. All required easements or rights-of-way for improvements shall be secured by the developer at no cost to the City of Antioch. Advance permission shall be obtained from any property or, if required from easement holders, for any work done within such property or easements.
91. Postal Service. Provisions for mail delivery and locations of mailbox facilities shall be reviewed by the USPS and approved by the City Engineer prior to the approval of each final map.
Prior to Issuance of Occupancy Permit
92. Planning Inspection. Planning staff shall conduct a site visit to review exterior building elevations for architectural consistency with the approved plans and landscape installation (if required).
93. Debris Removal. All mud, dirt or construction debris shall be removed from the construction site prior to the scheduling the final Planning inspection of the residential lots or parcels. No materials shall be discharged onto a sidewalk, street, gutter, storm drain or creek.
94. Fire Prevention. A final Fire inspection shall occur to inspect all fire prevention systems constructed as part of the project. Inspections shall occur prior to final occupancy permit issuance.
95. Damage to Street Improvements. Any damage to existing street improvements during construction or damage to adjacent private property , shall be repaired to the satisfaction of the City Engineer at the full expense of the applicant. This shall include sidewalk repair, slurry seal, street repairs and reconstruction or others, as may be required by the City Engineer.
96. Right-of-Way Construction Standards. All improvements within the public right -of- way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards and/or plans and shall comply with the standard plans and specification of the City Engineer.
EXHIBIT B:
CONDITIONS OF APPROVAL
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Homeowners Association and CCRS
97. The developer shall establish a Homeowner’s Association (HOA) for this project in conformance with the regulations set forth by the California Department of Real Estate. The HOA shall be responsible for maintaining:
• All HOA owned park parcels, including structures, walls, and landscaping and other facilities within (Parcels DD, FF, GG, II, JJ, KK, LL MM) parcel as shown the tentative Map.
• The City shall be reimbursed for maintenance of landscape, roadway (including striping and signing), concrete (including sidewalk, curb, gutter, and curb ramps), storm drain facilities, street lighting, and all other HOA facilities and amenities are not maintained by the HOA to a not acceptable City level.
98. Subject to approval by the state, the Codes, Covenants and Restrictions (CC&Rs) for the subdivision shall include a provision indicating that the City of Antioch is named as a third- party beneficiary with the right, but not the obligation, to enforce the provisions of the CC&Rs relating to the maintenance and repair of the property and improvements, including but not limited to landscaping, streets, curbs, gutters, street lights, parking, open space, storm water facilities and the prohibition of nuisances.
The City shall have the same rights and remedies as the Association, Manager or Owners are afforded under the CC&Rs, including but not limited to rights of entry .
This right of enforcement is in addition to all other legal and equitable remedies available to the City, including the right to refuse to issue building permits for any building or structure that is not in compliance with applicable federal, state, or local laws, regulations, permits or approvals . Neither action nor inaction by the City shall constitute a waiver or relinquishment of any rights or remedies . In addition, the CC&Rs shall include a provision that any design approvals required by the CC&RS for construction, reconstruction and remodeling are in addition to any approvals needed from the City as well. Further, the CC&Rs cannot be terminated or amended materially without the prior written consent of the Community Development Director and the City Attorney of the City of Antioch. Material changes are those that would change the fundamental purpose of the development including but not limited to:
• City approvals of uses or external modifications.
• Property ownership or maintenance obligations including, but not limited to, common areas, open space, slopes, storm water basins and landscaping areas.
• The CC&Rs for this project shall be reviewed and approved by the City Attorney and the Community Development Director prior to the issuance of the 1st building permit.
EXHIBIT B:
CONDITIONS OF APPROVAL
THE RANCH PHASE II
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99. All property within phase 2 shall annex into or establish and participate in a (CFD) community facility district and accept the level of annual assessments sufficient to maintain the following:
• All streetlights within the development.
• Landscaping along western street frontage of Deer Valley Road and landscaping within all traffic circles.
• Landscaping along both sides of Sand Creek Road and within the adjacent dedicated landscape parcels
• Landscaping installed along both sides of streets Sand Creek Road, B and C frontage and within the adjacent dedicated landscape parcels. • Landscaping and improvements in park parcels BB, EE and NN.
Site and Project Design
100. The developer shall install approved mailbox facility for mail delivery of the future residential lots at locations reviewed by the USPS and the City Engineer prior to the approval of each final map and improvement plans. These mailbox facilities shall be installed with the construction of residential units within each phase of the subdivision.
101. All proposed improvements shall be constructed to City standards or as otherwise approved by the City Engineer in writing.
102. All public streets shall intersect at approximately 90 degrees and meet the requirements of Caltrans Highway Design Manual for Intersection Design Standards (Topic 405), and CAMUTCD manual as approved by the City Engineer.
103. All driveways shall be perpendicular or radial to the street centerline, or as otherwise approved by the City Engineer in writing.
104. Maximum driveway slope shall be 12% or as otherwise approved by the City Engineer in writing.
105. Driveways shall not be installed within five feet (5’) from the curb return of any street.
106. Curb ramps shall meet the latest version of Caltrans ADA curb ramp standards.
107. All driveways shall be a minimum of 12 feet wide.
108. All lot sidelines shall be perpendicular or radial to the fronting street centerline, or as otherwise approved by the City Engineer in writing.
EXHIBIT B:
CONDITIONS OF APPROVAL
THE RANCH PHASE II
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109. Monolithic sidewalks with beveled curb shall be six inches (6”) thick and reinforced as approved by the City Engineer . Sidewalks at driveway approaches shall be ADA complaint. Minimum sidewalks widths shall be as follows:
• Adjacent to beveled curb, 4 feet excluding curb (bevel curb to be 12” deep by 3” high with ½” lip and 18” gutter).
• Adjacent to vertical curb, 4.5 feet excluding curb.
110. At all intersections, street corners and driveways, sight distance triangles shall be maintained per Antioch Municipal Code § 9-5.1101 Site Obstructions at Intersections, or as approved by the City Engineer
111. A minimum of a twenty -foot (20’) tangent shall extend beyond the return at intersections at public streets for the maintenance of adequate sight distance, or as approved by the City Engineer in writing.
112. All lot sidelines shall be perpendicular or radial to the fronting street centerline at public streets for a minimum distance of 20 feet, or as otherwise approved by the City Engineer in writing.
113. In cases where a fence is to be built in conjunction with a retaining wall, and the wall face is exposed to a side street, the fence shall be setback a minimum of three feet (3’) behind the retaining wall per Antioch Municipal Code § 9-5.1603, or as otherwise approved by the City Engineer in writing
114. The street names in the development shall be submitted to the city planning and fire department for review prior to approval of the subdivision improvement plans and final review of the final map. Changes to the street names shown on the Tentative Map shall require Planning Commission review and approval.
115. The developer shall provide a “checklist” of universal design accessibility features to home buyers as required by Health and Safety Code § 17959.6.
116. All improvements for each lot (water meters, sewer cleanouts, etc.) shall be contained outside of the driveway and within the lot and the projection of its sidelines, or as approved by the City Engineer.
117. The developer shall install streetlights within the project area at no cost to the City.
Streetlights will be owned by the city and maintained as part of the LLD.
118. One (1) on-street parking space per lot shall be located within close proximity to the unit served, as shown on the vesting tentative map prepared April 28, 2023, that is stamped received by the Planning Division, or as otherwise approved by the City Engineer in writing.
EXHIBIT B:
CONDITIONS OF APPROVAL
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119. All fencing adjacent to open space (trails and basins) shall be wrought iron, tubular steel, or as otherwise approved by the City Engineer in writing at the time of improvement plan approval and shall be located at the top of slope.
120. All two-car garages shall be a minimum of twenty feet by twenty feet (20’ x 20’) clear inside dimensions.
121. The developer and the HOA, once the CC&Rs are operative, shall maintain all undeveloped areas within this subdivision in an attractive manner, which shall also ensure fire safety.
122. All park and trail signage shall be installed and comply with the latest version of the City’s Way Finding Program
• The open space trail(s) and park(s) and associated improvements shall be constructed and completed by the developer prior to the issuance of the:
a. (for Park Parcel BB) – building permit of adjacent lots 28 or 53 or one (1) year from the issuance of the 1st building permit with lots 1-79, whichever shall occur first for those lots 1-79.
b. (for Park Parcel EE) and connective section(s) of Linear Park CC) – building permit for adjacent lots 65 and 74 building permit or one (1) year from the issuance of the 1st building permit in lots 1 -79, whichever shall occur first for those lots north of B street.
c. (for Park Parcel NN and Trails) building permit for adjacent lots 75- 79, and lots 80- 93 or two (2) years from the issuance of the 1st building permit, whichever shall occur first (all lots inclusive)
d. (for open space Parcels PP, and OO) the 200th building permit or two (2) years from the issuance of the 1st building permit, whichever shall occur first. e. (for remainder of Linear Park) 100th building permit or two (2) years from the issuance of the 1st building permit, whichever shall occur first.
Model Homes
123. If developer requests model homes or sales trailer, prior to the placement of any sales trailers, plans shall be submitted to the Engineering Department for review and approval. Any trailer shall be placed out of the public right -of-way and shall have its own parking lot.
124. The model home complex parking lot location and design shall be subject to the City Engineer’s approval. Erosion control and Stormwater runoff treatment/retention shall be required.
125. The model home landscaping shall be drought tolerant native species, with total area of spray irrigation for the complex not to exceed 50 percent of the landscaping area.
EXHIBIT B:
CONDITIONS OF APPROVAL
THE RANCH PHASE II
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Project Specific Conditions
126. This approval applies to the vesting tentative map 9 667. All landscape plans, architectural elevations, utility plans, grading plans, storm water control plan, improvement plans, and other design drawings shall be provided to the City of Antioch for review and approval prior to construction of any residential lots and grading permit or utility construction permit.
127. Unless otherwise specified on these conditions of approval, Th e master map TM 9667 back bone improvements shall be constructed continuously in one phase. If the developer decides that the project needs to be phased, the developer shall provide a phasing plan to the Community Development and Engineering Departments for review and approval prior to commencing with construction.
128. The developer shall comply with all requirements of the California Department of Conservation Geologic Energy Management Division regarding the oil wells on the property.
129. To ensure that present and future property owners are aware of (a) the existence of all wells located on the property, and (b) potentially significant issues associated with any improvements near oil or gas wells, information regarding the wells and any other pertinent information shall be communicated to the appropriate county recorder with the recordation of the final map for inclusion in the title information of the subject real property, or on the adjacent lot if the well is in the right -of-way, by the developer.
Copies of the recorded documents shall be provided to the Community Development Department
130. Any soil containing hydrocarbons shall be disposed of in accordance with local, state, and federal laws. The developer shall notify the appropriate authorities if soil containing significant amounts of hydrocarbons is discovered during development.
131. All architectural plans of the residential homes shall have the design treatments of the front elevations wrapped to the sides of the house or to fence line of lot at a minimum.
132. All residential houses shall install rain gutters with downspouts, to control the quantity of runoff surface water located adjacent to their foundations. All down spouts shall be collected into an underground conduit and discharged to the closest city curb as approved by the City Engineer. The design and location of these gutters and downspouts shall be constructed with the grading of residential lot that they are to drain, as approved by staff.
133. The front setbacks shall be varied, to the extent possible.
EXHIBIT B:
CONDITIONS OF APPROVAL
THE RANCH PHASE II
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Backbone Transportation Roadways
134. All Private Interior residential streets of AA,BB,CC,DD,EE,V,X,Z , court DD and court V shall have a right-of-way width of 56’, and the street constructed with a width of 36’ from face-of-curb to face-of curb, with 2- 8’ wide parking lanes, 2-10 wide travel lanes, 2- 5’ wide concrete sidewalks , one on both sides of streets per sections shown on the approved Tentative map. The pavement section shall be a minimum traffic index (TI) of 6, and a minimum pavement thickness of 4” AC over 12” Class II AB.
135. B Street. The Developer shall construct Street B’, from C street to Sand Creek Road shall have a right-of-way width of 56’, constructed with a street pavement width of 36’ from face-of-curb to face-of curb with 2- 6’wide bike lanes, 2 -12 travel lanes, 2- 5’ wide separated concrete sidewalk on both sides of the street per sections shown on the approved Tentative map. The Structural section shall have a minimum traffic index (TI) of 7, and a minimum pavement thickness of 6” AC over 14” Class II AB.
136. Sand Creek Road (112’ R/W) cross section: Sand Creek Road from the west side of lot one of Phase 1 to Dallas Ranch road located northwest of project shall have a dedicated right-of-way width of 112’, a constructed street pavement width of 80 feet from F/C to F/C, with a 16 ‘ wide landscaped median, an 8’ wide bike lanes, 2- 12’ wide travel lanes and 6’ wide separated concrete sidewalks and 10’ parkway on both sides of the street per sections shown on the approved Tentative map. Structural section shall be a minimum traffic index (TI) of 9, and a minimum pavement thickness of 6” AC over 14” Class II AB. Th is sand creek road shall be constructed as part of the backbone improvements of the phase 2 development with construction with the first residential unit.
137. Developer shall submit a Signing and Striping Plans using the latest version of the Caltrans Standard Plans Pavement Markers and Traffic Lines Typical Details as depicted in the A20 and A24 series of plan sheets and the latest version of the California MUTCD’s standards. Accessible parking design shall be compliant with the latest version of Caltrans Standard Plans A90 series of plan sheets. Lane widths to be finalized through Signing and Striping Plans subject to approval by the City Engineer submitted prior building permit and constructed prior to the first occupancy.
138. The Developer shall submit an on-site, street light Photometric Analysis Plan of the placement of streetlights 180 to 200 feet spacing per St-18 city standard plans in the corridor that include the photometric calculations for average, minimum, maximum, and uniformity illuminance values for the street to the satisfaction of the City Engineer.
The design shall be completed prior to building permit and constructed prior to occupancy of the first residential unit.
EXHIBIT B:
CONDITIONS OF APPROVAL
THE RANCH PHASE II
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139. Intersection Improvements:
• Sand Creek and B Street – The Developer shall complete the second 2 lane roundabout of intersection of ‘ B’ Street and Sand Creek Road including concrete sidewalks, signage and striping, curb returns, ADA ramps, cross walks, bike lanes, bike ramps in accordance with City Standards. The intersection geometrics shall match the proposed width and lane geometrics for sand creek road to the satisfaction of the City Engineer prior to building permit of the first subdivision in phase 2. It also includes the installation of an overhead lighted road sign and streetlights on the street. The developer shall design and construct a proposed 2 lane roundabout to the latest CAMUTCD and Caltrans Standards, NCHRP guide for roundabouts (for multi- lane traffic circles) and meet the latest fire truck and commercial truck turning radius geometrics. All right of way and improvements at the proposed locations shall be to City standards and installed in their final location including all exiting transitions for eastbound and westbound directions in the improvement plan submittal . The developer shall prepare a preliminary layout of realignment of the Sand Creek Roadway and the geometrics of the new round about. The Developer shall also provide a traffic operational analysis of the new traffic circle at San Creek Road and B street and submit this analysis for review and approval by the City Traffic Engineer and City Engineer. The design shall be completed prior to building permit of the first subdivision and constructed prior to occupancy of the first building in first subdivision.
• Other improvements will consist of:
• With the construction of street B and phase 2A, future Lots 1-79, provide utility stub outs for future extension of utilities to the residential street Z as shown on TM 9667 utility stub-outs of 8 ”W, 8” SS, 18” SD”, Electric box, CATV box, Internet box from street B into street Z street at least 5-10’ from the edge of pavement’ shall be installed. • With the construction of street B, phase 2B, lots 80 to 115, construct Utility stub outs of 8” W, 18” SD, 8” SS at the intersection of Streets B and CC, a minimum of 5’ from edge of pavement shall be installed.
• With the construction of street B, phase 2C, lots 116 to 213, construct Utility stub outs of 16” W, 18” SD, 8” SS at the intersection of Streets B and CC, and Z street to street AA, a minimum of 5’ from edge of pavement shall be installed. • With the construction the intersection of Sand Creek Road and Street B , to future street to phase 3 , construct utility stub -outs of 16” W, 18” SD”, Electric box, CATV box, Internet box from street B into future street at least 5 -10’ from the edge of pavement shall be installed.
140. The developer may form an area wide benefit district to receive payment of fair contribution from other developers for tapping into or connecting into various utilities systems (Sewer, Water and Drainage) constructed and paid for by this development.
The formation of such benefit district shall be prepared under the City requirements EXHIBIT B:
CONDITIONS OF APPROVAL
THE RANCH PHASE II
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for the formation benefit districts and shall be review ed and approved by the City Engineer and formation approved by City Council prior occupancy of 213th building permit. The formation and execution of the benefit district shall be for 10 years and shall be paid for by the developer if he chooses to be reimbursed partly for his cost’s installation of his main line’s utility lines and various other back bone utilit y improvements and street infrastructure constructed with this development.
141. This developer will be subject to the payment of a fair share contribution of construction costs for installation of a downstream oversized sewer trunk line constructed by other developers for the installation of public sewer main line through the subdivisions 9489, 9249, and in the extension Sand Creek Road and Heidorn Ranch Road. This fair share cost for oversized sewer line is per agreement with the City and Aviano develop ment for construction of sewer line through their development. The developers fair-share costs will be determined by the city engineer prior to 1st building permit of the subdivision and will be added costs sewer connection fees.
142. A construction traffic control plan shall be submitted for approval with the improvement plans for approval by the city. All Street improvements for access to the first phase of building permits shall be fully improved prior to the first building permit along street alignments agreed to in writing by the City Engineer.
143. Prior to the issuance of the 213 th building permit or one (1) year from the issuance of the 1st building permit, whichever shall occur first, landscaping shall be installed along the frontage of Sand Creek Road on both sides of the street.
144. Trail system pathways shall be a 14’ feet wide natural looking DG pavement as shown on the tentative map. The pavement shall be path pavement shall be 5” of concrete with 6” class 2 AB.
145. The sound wall shall use materials and colors that complement the neighborhood.
The sound wall shall feature decorative columns or pilasters at regular intervals to provide relief. These changes shall be shown on the building permit submittal for review and approval by the Community Development Department.
146. The developer shall pay park in lieu fees in accordance with City and park and recreation district requirements and paid prior to building permit.
147. All final park designs shall be reviewed and approved by the Parks and Recreation Commission prior to the issuance of a building permit for the park.
148. Bus Turnouts shall be constructed as shown in the Tentative map at the intersection of second intersection of Sand Creek Road and ‘B’ Street.
EXHIBIT B:
CONDITIONS OF APPROVAL
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149. On all private lanes/streets/drives, the developer shall post CAMUTD R26 “no parking signs” every 300 feet that will be enforced by the subdivision HOA(s).
150. The Developer shall provide access restrictions to residential lots from adjacent public streets that do not front the residential lot shall be shown on the final map on those lots along Sand Creek Road, ‘B’ Street, and ‘C’ Street, respectively and along all park parcels.
LANDSCAPE ARCHITECTURE
LAND PLANNING
1615 BONANZA STREET
SUITE 314
WALNUT CREEK, CA 94596
TEL: 925.938.7377
www.ripleydesign.com
SAND CREEK ROAD
B STREET
C STREET
‘’
‘’
‘’
‘’
STREET TREE & LANDSCAPE
ENHANCEMENT TO MATCH PHASE I
SAND CREEK ROAD
C STREET
B STREETLD-3
CONVENTIONAL
NEIGHBORHOOD
LD-3
CONVENTIONAL
NEIGHBORHOOD
NORTH NEIGHBORHOOD
PARK
PHASE III
IMPROVEMENTS
PHASE I
IMPROVEMENTS
TRAIL RESPITE-
SEE THE RANCH TRAILS
PACKAGE
PHASE II
SOUTH TRAIL SECTION
PHASE III
IMPROVEMENTS
PHASE II
ROUND
-A-
BOUT
601 UNIVERSITY AVENUE, SUITE 125
SACRAMENTO, CA 95825
EXHIBIT C
A43
LANDSCAPE ARCHITECTURE
LAND PLANNING
1615 BONANZA STREET
SUITE 314
WALNUT CREEK, CA 94596
TEL: 925.938.7377
www.ripleydesign.com
SPLIT RAIL
FENCE
SIDEWALK PER
CIVIL ENGINEER
PROPOSED WALL-
SEE LEGEND SHEET L1
KEYMAP N.T.S
PROPOSED TREES- SEE
PROPOSED TREE PALETTE
‘’
‘’
PROPOSED TREES- SEE
PROPOSED TREE PALETTE
601 UNIVERSITY AVENUE, SUITE 125
SACRAMENTO, CA 95825
LD-3
CONVENTIONAL
NEIGHBORHOOD
NORTH NEIGHBORHOOD
PARK
PROPOSED TREES-
SEE PROPOSED TREE
PALETTE
SAND CREEK ROAD PLAN -
BETWEEN DALLAS RANCH ROAD & STREET B
SIDEWALK PER
CIVIL ENGINEER
PROPOSED WALL-
SEE LEGEND SHEET L1
NORTH NEIGHBORHOOD
PARK
PROPOSED
TREES- SEE
PROPOSED TREE
PALETTE
SAND CREEK ROAD PLAN -
BETWEEN STREET B & STREET C
SIDEWALK PER
CIVIL ENGINEER
SHRUB PLANTING &
GROUNDCOVER AREA
SHRUB PLANTING &
GROUNDCOVER AREA
SHRUB PLANTING &
GROUNDCOVER AREA
SHRUB PLANTING &
GROUNDCOVER AREA
SAND CREEK ROAD PLAN -
BETWEEN DALLAS RANCH ROAD & STREET B
SAND CREEK ROAD PLAN -
BETWEEN STREET B & STREET C
PROPOSED TREES- SEE
PROPOSED TREE PALETTE
PROPOSED TREES- SEE
PROPOSED TREE PALETTE
A44
PARK
7.3 AC
LANDSCAPE ARCHITECTURE
LAND PLANNING
1615 BONANZA STREET
SUITE 314
WALNUT CREEK, CA 94596
TEL: 925.938.7377
www.ripleydesign.com
SPLIT RAIL
FENCE
SIDEWALK PER
CIVIL ENGINEER
ROUND-A-BOUT ISLAND W/ CORTEN
STEEL NEIGHBORHOOD
CUT-OUT SIGNAGE
PROPOSED TREES- SEE
PROPOSED TREE PALETTE
PROPOSED 6'-0"
FENCE- SEE LEGEND
SHEET L1
PROPOSED WALL- SEE
LEGEND, SHEET L1
CROSSWALK,
TYPICAL
NEIGHBORHOOD
MONUMENTATION-
BOULDERS W/ CORTEN STEEL
CUT-OUT NEIGHBORHOOD NAME
PEDESTRIAN
CROSSWALK
CROSSWALK,
TYPICALKEYMAP N.T.S
PROPOSED TREES- SEE
PROPOSED TREE PALETTE
‘’
‘’
PROPOSED TREES- SEE
PROPOSED TREE PALETTE
601 UNIVERSITY AVENUE, SUITE 125
SACRAMENTO, CA 95825
A45
LANDSCAPE ARCHITECTURE
LAND PLANNING
1615 BONANZA STREET
SUITE 314
WALNUT CREEK, CA 94596
TEL: 925.938.7377
www.ripleydesign.com
KEYMAP N.T.S
‘’
‘’
‘’
‘’
‘’
‘’
‘’
‘’
MEADOW
LAWN
MEADOW
LAWN
MEADOW
LAWN
ARROYO-
SEE TYPICAL PLAN
ENLARGEMENT,
SHEET L5 & L6
ARROYO-
SEE TYPICAL PLAN
ENLARGEMENT, SHEET L5 & L6
NORTH NEIGHBORHOOD COMMUNITY
GATHERING AREA & PLAYGROUND-
SEE PLAN ENLARGEMENT, SHEET L4
TRAIL RESPITE-
SEE THE RANCH TRAILS
PACKAGE
SAND CREEK ROAD
B STREET
TURF TURF
OPEN SPACE PARCEL / GREENWAY-
SEE PLAN ENLARGEMENT,
SHEET L7
601 UNIVERSITY AVENUE, SUITE 125
SACRAMENTO, CA 95825
MEADOW
LAWN
MEADOW
LAWN
A46
LANDSCAPE ARCHITECTURE
LAND PLANNING
1615 BONANZA STREET
SUITE 314
WALNUT CREEK, CA 94596
TEL: 925.938.7377
www.ripleydesign.com
KEYMAP N.T.S
MEADOW
LAWN
MEADOW
LAWN
MEADOW
LAWN
ARROYO-
SEE TYPICAL PLAN
ENLARGEMENT,
SHEET L5 & L6
MEADOW
LAWN
LOG STEPPERS
TIRE SWING
TREE CLIMBER
TREE
CLIMBER
TIRE
SWING
LOG
STEPPERS
FORT
FORT AND MONKEY BARS
MONKEY
BARS
TROLLEY RIDE
TROLLEY
RIDE
601 UNIVERSITY AVENUE, SUITE 125
SACRAMENTO, CA 95825
WHOLE TREES
GAZEBO/
GATHERING AREA
PICNIC TABLES
PROPOSED TREES-
SEE PROPOSED TREE
PALETTE SHEET L3
5'-0" WIDE
CONCRETE PATH
SHRUB/GROUNDCOVER
AREA, TYPICAL
LANDSCAPE
BOULDER, TYPICAL
BRIDGE AT ARROYO
ARROYO BRIDGE
SHRUB/GROUNDCOVER
AREA, TYPICAL
A47
LANDSCAPE ARCHITECTURE
LAND PLANNING
1615 BONANZA STREET
SUITE 314
WALNUT CREEK, CA 94596
TEL: 925.938.7377
www.ripleydesign.com
KEYMAP N.T.S
ARROYO BRIDGE
B STREET
MEADOW
LAWN
MEADOW
LAWN
MEADOW
LAWN
PLAYGROUND &
COMMUNITY
GATHERING AREA-
SEE SHEET L4
LANDSCAPE BOULDERS
HYDROSEED
PROPOSED TREES, TYPICAL
6'-0" HIGH WOOD FENCE, TYPICAL
ARROYO TRAIL
BENCH, TYPICAL
‘’
‘’
‘’
‘’
601 UNIVERSITY AVENUE, SUITE 125
SACRAMENTO, CA 95825
MEADOW
LAWN
ARROYO BRIDGE
A48
PARK
7.3 AC
LANDSCAPE ARCHITECTURE
LAND PLANNING
1615 BONANZA STREET
SUITE 314
WALNUT CREEK, CA 94596
TEL: 925.938.7377
www.ripleydesign.com
KEYMAP N.T.S
SAND CREEK ROAD
MEADOW
LAWN
LANDSCAPE BOULDERS
SHRUB & GROUNDCOVER AREA, TYPICAL
PROPOSED TREES, TYPICAL
6'-0" HIGH WOOD FENCE, TYPICALARROYO PATHBENCH, TYPICAL
HYDROSEED, TYPICAL
601 UNIVERSITY AVENUE, SUITE 125
SACRAMENTO, CA 95825
ARROYO BRIDGE
TRAIL TO TRAIL
RESPITE-
SEE PROPOSED TRAIL
PACKAGE
SPLIT RAIL FENCE-
SEE FENCE LEGEND,
THIS SHEET
GROUNDCOVER
PLANTING, TYPICAL
HYDROSEED
PLANTING, TYPICAL
TRAIL RESPIT AREA-SEE PROPOSED TRAILSPACKAGE
PARKWAY STRIP
PLANTING, TYPCIAL
A49
LANDSCAPE ARCHITECTURE
LAND PLANNING
1615 BONANZA STREET
SUITE 314
WALNUT CREEK, CA 94596
TEL: 925.938.7377
www.ripleydesign.com
KEYMAP N.T.S
6'-0" PRECAST
MASONRY WALL
SHRUB/GROUNDCOVER
AREA, TYPICAL
B STREET
TURF
TURF
CIVIL SIDEWALK
PER CIVIL PLANS, TYPICAL
GREENWAY PATH
STREET TREE,
TYPICAL-
SEE PROPOSED TREE
PALETTE
SIGHT LINE TRIANGLE, TYPICAL
ACCENT TREE, TYPICAL
ACCENT TREE, TYPICAL
NEIGHBORHOOD LOTS
TURF
601 UNIVERSITY AVENUE, SUITE 125
SACRAMENTO, CA 95825
BENCH, TYPICAL
A50
LANDSCAPE ARCHITECTURE
LAND PLANNING
1615 BONANZA STREET
SUITE 314
WALNUT CREEK, CA 94596
TEL: 925.938.7377
www.ripleydesign.com
KEYMAP N.T.S
‘’
‘’
‘’
‘’
‘’
‘’
TURF
SAND CREEK ROAD
TURF
HYDROSEED , TYPICAL
BENCH, TYPICAL
GROUNDCOVER & SHRUB
PLANTING AREA, TYPICAL
PROPOSED TREE, TYPICAL
601 UNIVERSITY AVENUE, SUITE 125
SACRAMENTO, CA 95825
TRAIL MARKER
TRAIL DIRECTIONAL
MARKER
A51
LANDSCAPE ARCHITECTURE
LAND PLANNING
1615 BONANZA STREET
SUITE 314
WALNUT CREEK, CA 94596
TEL: 925.938.7377
www.ripleydesign.com
6'-0" HIGH WOOD
GOOD-NEIGHBOR
FENCE
ACCENT TREE, TYPICALSTREET TREE, TYPICAL
22" CONCRETE PAVERS TO
SIDE YARD ACCESS, TYPICAL
SHRUB & GROUNDCOVER
PLANTING, TYPICAL
6'-0" HIGH WOOD
GOOD-NEIGHBOR FENCE
4'-0" WIDE CONCRETE
ENTRY WALK, TYPICAL
SIDE YARD ACCESS
GATE, TYPICAL
601 UNIVERSITY AVENUE, SUITE 125
SACRAMENTO, CA 95825
5'-0" WIDE CONCRETE SIDEWALK
PER CIVIL'S IMPROVEMENT PLANS
CONCRETE DRIVEWAY PER
CIVIL IMPROVEMENT PLANS
SHRUB/GROUNDCOVER
PLANTING AREA, TYPICAL
GROUNDCOVER
PLANTING IN
PARKWAY STRIP
A52
LANDSCAPE ARCHITECTURE
LAND PLANNING
1615 BONANZA STREET
SUITE 314
WALNUT CREEK, CA 94596
TEL: 925.938.7377
www.ripleydesign.com
ACCENT TREE, TYPICAL
5'-0" WIDE CONCRETE SIDEWALK
PER CIVIL'S IMPROVEMENT PLANS
STREET TREE, TYPICAL
22" CONCRETE PAVERS TO
SIDE YARD ACCESS, TYPICAL
SHRUB & GROUNDCOVER
PLANTING, TYPICAL
CONCRETE DRIVEWAY PER
CIVIL'S IMPROVEMENT PLANS,
TYPICAL
6'-0" HIGH WOOD
GOOD-NEIGHBOR FENCE
ACCENT TREE, TYPICAL
4'-0" WIDE CONCRETE
ENTRY WALK, TYPICAL
SIDE YARD ACCESS
GATE, TYPICAL
601 UNIVERSITY AVENUE, SUITE 125
SACRAMENTO, CA 95825
PROPOSED TREES
AT NORTH PERIMETER
LOTS, TYPICAL
A53
LANDSCAPE ARCHITECTURE
LAND PLANNING
1615 BONANZA STREET
SUITE 314
WALNUT CREEK, CA 94596
TEL: 925.938.7377
www.ripleydesign.com
G
ABC
DEF
HI
601 UNIVERSITY AVENUE, SUITE 125
SACRAMENTO, CA 95825
A54
LANDSCAPE ARCHITECTURE
LAND PLANNING
1615 BONANZA STREET
SUITE 314
WALNUT CREEK, CA 94596
TEL: 925.938.7377
www.ripleydesign.com
B
D C A
F E
G
601 UNIVERSITY AVENUE, SUITE 125
SACRAMENTO, CA 95825
A55
ATTACHMENT “B”
CITY OF ANTIOCH
COMMUNITY DEVELOPMENT DEPARTMENT
Phase II of The Ranch Planned Development
E
IR Consistency Memorandum
April 2025
Prepared by
1501 Sports Drive, Suite A, Sacramento, CA 95834
Phase II of The Ranch Planned Development
EIR Consistency Memorandum
June 2025
A. INTRODUCTION AND SUMMARY
The purpose of this Memorandum is to demonstrate that Phase I I of The Ranch Planned Development (proposed project) has been adequately analyzed in the previous environmental review under the California Environmental Quality Act (CEQA) and that further evaluation is not required. As will be demonstrated below, consistent with CEQA Guidelines Section 15162, a Subsequent EIR or Negative Declaration is not required.
B. PROJECT BACKGROUND
On July 28, 20 20, the City adopted The Ranch Project Environmental Impact Report (SCH# 2019060012), hereafter referred to as the “ 2020 EIR.” The 2020 EIR was prepared pursuant to Title 14, Section 15070 of the California Code of Regulations.
The 2020 EIR analyzed development of Phase I, Phase II, and Phase III of The Ranch Project (see Figure 1), which would consist of 1,177 residential units over 253.50 acres on a 551.50-acre site, including Low Density (LD), Medium Density (MD), and Age Restricted (AR) units; a five- acre Village Center consisting of commercial, office, and retail space; three acres of public services facilities, including a new fire station site and a trail staging area; approximately 22.50 acres of public parks and landscaped areas; 229.50 of open space, including trails; and 38.00 acres of roadway improvements. In addition to the 2020 EIR, the Antioch City Council also approved the following entitlements for The Ranch Project on July 28, 2020:
• Approval of a Development Agreement between the City of Antioch and Richland Planned Communities, Inc.;
• Approval of a General Plan Amendment;
• Approval of a Rezone of the project site to Planned Development and adoption of the development standards; and
• Adoption of the Master Development Plan, Design Review adopti ng Design Guidelines, and a Resource Management Plan.
Phase I of The Ranch requested the approval of a Planned Development Guidelines Amendment, Master Development Plan Amendment, two Vesting Tentative Subdivision Maps, a Use Permit, and Design Review. The 2020 EIR analyzed Phase I development of MD and LD -3 zoning, including 212 MD units with a 4,500 square- foot ( sf) average lot size and 410 unit s of LD -3 housing across the entire project with an average lot size of 7,000 sf. The proposed Phase I developed larger LD-3 lot sizes and 18 additional MD units than what was evaluated in the 2020 EIR. The increased lot sizes still fell between the established 5,000-sf to 10,000-sf range that was established in a General Plan Amendment that was approved when the 2020 EIR was certified.
Phase I amended the Planned Development Guidelines and Master Development Plan. Edits made to the Planned Development Guidelines included altering lot width, rear and side setbacks of the rear center lot of the T-Court Clusters, and allowed for attached patios to encroach two feet into the rear setback. In addition, the Master Development Plan Amendment was reconfigured so that the location of the on-site trail network would minimize impacts to California tiger salamander habitats. The Phase I consistency memo assessed the alteration to the amendments and found the developments did not result in any impacts beyond what was analyzed in the 2020 EIR.
The Phase I entitlements were approved by the City Council on June 27, 2023.
Phase II of The Ranch Planned Development
EIR Consistency Memorandum
June 2025
Figure 1
Phasing Plan
Phase II of The Ranch Planned Development
EIR Consistency Memorandum
June 2025
The proposed project is located within the boundaries of The Ranch Project site and would generally involve buildout of Phase II (see Figure 1).
C. PROJECT DESCRIPTION
The following provides a description of the project site’s current location and setting, as well as the proposed project components and the discretionary actions required for the project.
Project Location and Setting
The project site is located at 6275 Deer Valley Road, in the City of Antioch, California. The Ranch project site is approximately 551.5-acre, identified by Assessor’s Parcel Numbers 057- 010-002, 057-010-003, and 057-021-003, and is located within the Sand Creek Focus Area of the City of Antioch General Plan. The approximately 71.8- acre Phase II project site is located within the eastern portion of The Ranch Project site and is surrounded by a single- family residential subdivision to the north, undeveloped land and Sand Creek to the south, the under-construction Phase I of The Ranch Project to the east, as well as the Kaiser Permanente Antioch Medical Center further to the east across Deer Valley Road, and undeveloped land and Empire Mine Road to the west.
Project Components
The proposed project would entail approval of a Vesting Tentative Subdivision Map and Use Permit. The project components are discussed in further detail below.
Vesting Tentative Subdivision Map
The proposed Vesting Tentative Subdivision Map would divide the 71.8- acre Phase II area into 213 residential lots on 37 acres, 12.3 acres of parkland, five acres of open space and trails, 4.2 acres of landscaping, and a 13.3 acre internal roadway network (see Figure 2).
The 213 residential lots would all be Low Density-Conventional (LD-3) with an average lot size of 7,784 sf. Interior streets would include a 56- foot right-of-way (ROW) consisting of two 10 -foot travel lanes bordered by curbs, gutters, and five -foot-wide sidewalks. Water, sewer, and stormwater connections would be extended into the project site from the north and east.
Use Permit
Pursuant to the Antioch Municipal Code Section 9- 5.2307(C)(1), a Use Permit shall be required prior to the construction of any phase of an approved P lanned Development (PD) District. As such, approval of a Use Permit is required to allow for the development of 213 residential lots, parkland, open space, trails, landscaping, and an internal roadway network within the Phase II area of The Ranch Project site. The intent of the Use Permit is to further clarify the details of the development phase being considered and to ensure that each component complies with the established provisions of the district.
Design Review
Pursuant to the Antioch Municipal Code Section 9-5.2601(A)(1), Design Review shall be required for any new building or construction in any zoning district. The project applicant is not requesting Design Review for the future residences at this time; however, the preliminary landscaping that is included as part of the tentative map is subject to Design Review.
Phase II of The Ranch Planned Development
EIR Consistency Memorandum
June 2025
Figure 2
Vesting Tentative Subdivision Map - Overall Site Plan
Phase II of The Ranch Planned Development
EIR Consistency Memorandum
June 2025
Requested/Required Entitlements
The proposed project would require the following approvals from the City of Antioch:
• Vesting Tentative Subdivision Map;
• Use Permit; and
• Design Review
D. PROPOSED PROJECT COMPARED TO PHASE II IN 2020 EIR
According to the 2020 EIR, development of the Phase II area would be limited to LD -3 zoning.
Although the 2020 EIR did not specify the number of LD-3 units that would be developed during any individual phase of the project, the 2020 EIR anticipated that the maximum number of LD-3 units developed across the three phases of The Ranch Project would be 410 units with an average lot size of 7,000 sf. Phase I developed 210 units of LD-3 housing, which limits Phase II to building a maximum of 200 additional units. However, Phase II is currently proposed to include the development of 213 LD -3 units. Thus, although the proposed LD -3 units would be within the required average lot size, Phase II would include the development of 13 more LD -3 units than was anticipated in the 2020 EIR for full buildout of The Ranch Project. It should be noted that buildout of the final Phase III will be limited to a maximum of 524 units so as not to exceed the total 1,177 units analyzed in the 2020 EIR. Phase I of the project included the development of 8.9 acres of parks, Phase II would develop an additional 12.3 acres for a total of 19.2 acres. The 2020 EIR analyzed a total park build out of 20 acres, limiting Phase III of The Ranch Project to 0.8- acres of parkland. The proposed project’s tentative map shows a similar street layout design as the one described in the 2020 EIR.
E. DISCUSSION
New significant effects or other grounds could require preparation of a subsequent EIR or supplemental EIR in support of further agency action on a project pursuant to Public Resources Code Section 21166 and State CEQA Guidelines Sections 15162 and 15163. Pursuant to the Guidelines, a subsequent or supplemental EIR or MND shall be prepared if any of the following criteria are met:
(a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete Phase II of The Ranch Planned Development
EIR Consistency Memorandum
June 2025
or the negative declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR or negative
declaration;
(B) Significant effects previously examined will be
substantially more severe than shown in the
previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would
substantially reduce one or more significant effects
of the project, but the project proponents decline to
adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are
considerably different from those analyzed in the
previous EIR would substantially reduce one or
more significant effects on the environment, but the
project proponents decline to adopt the mitigation
measure or alternative.
The applicability of the criteria to the proposed project is described in the following sections.
Criterion 15162(a)(1)
Substantial changes which would require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects would not occur as a result of the proposed project.
The proposed project would include approval of a Vesting Tentative Subdivision Map that would subdivide that Phase II area into 213 residential lots. The 213 LD-3 units proposed for Phase II, in combination with the 210 LD-3 units approved as part of Phase I, would result in more than 410 LD-3 total units analyzed in the 2020 EI R. However, the amount of land disturbed by project buildout would remain the same as anticipated in the 2020 EIR. The 2020 EIR anticipated that full buildout of The Ranch Project would include a total of 1,117 residential units. Although buildout of Phase II, in combination with Phase I, would exceed the number of LD -3 units anticipated in the 2020 EIR, the combined unit count would not exceed the total number of anticipated residential units. Further environmental review would not be required so long as the total unit count does not exceed 1,117 units after Phase III of The Ranch Project.
Approval of a Use Permit is required for the proposed project to allow for the development of the proposed uses within Phase II of The Ranch Project site. The requested Use Permit would not alter the analysis or conclusions of the previously approved 2020 EIR.
Criterion 15162(a)(2)
New significant environmental effects or a substantial increase in the severity of previously identified significant effects would not occur, and major revisions of the previous EIR would not be required. As discussed above, an EIR which assessed the full buildout of LD -3 development on the project site was certified in 2020. Because significant updates to local, State, and federal regulations have not been adopted since the certification of the previous EIR, as noted in further Phase II of The Ranch Planned Development
EIR Consistency Memorandum
June 2025
detail in the Environmental Impact Analysis section below, substantial changes would not occur with respect to the circumstances under which the project is undertaken.
Criterion 15162(a)(3)
The previously certified 2020 EIR assessed the environmental effects of a proposed residential development on the project site and included mitigation measures to reduce significant impacts related to Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Greenhouse Gas Emissions and Energy, Hazards and Hazardous Materials, Noise, Public Services and Recreation, and Transportation.
The question of “new information of substantial importance” relates to the current CEQA requirements to assess impacts that were not required at the time the 2020 EIR was certified .
Because the 2020 EIR was completed at that time in accordance with the most recent version of the CEQA Appendix G Checklist, all required environmental impact areas were addressed in the 2020 EIR.
The proposed project would consist entirely of land that has already been subject to an EIR, and the same residential densities are proposed in the areas of land previously analyzed. Therefore, extenuating circumstances do not exist that would require subsequent environmental review, and the proposed project would not meet any of the criteria discussed in Sections 15162(a)(3)(A) through 15162(a)(3)(D) of the CEQA Guidelines.
F. ENVIRONMENTAL IMPACT ANALYSIS
The following discussion briefly evaluates each of the applicable CEQA Appendix G environmental resource areas.
Air Quality, Greenhouse Gas Emissions, and Energy
According to the analysis included in the 2020 EIR, the greenhouse gas ( GHG) emissions (2.6 metric tons of CO 2 equivalents per year [MTCO2e/yr]) associated with The Ranch Project were determined to exceed the applicable threshold for the year 2030, and a significant and unavoidable impact would occur. As part of the certification of the 2020 EIR, a Statement of Overriding Considerations was adopted by the Antioch City Council, acknowledging that the impact cannot be mitigated to a less than significant level.
It should be noted that the Bay Area Air Quality Management District (BAAQMD) has adopted updated CEQA thresholds of significance for climate impacts from land use projects since the 2020 EIR was prepared. The updated BAAQMD GHG thresholds provide qualitative thresholds related to buildings and transportation and are most appropriately applied to CEQA projects for which a Notice of Preparation is issued and environmental analysis begins after the date of adoption, which occurred on April 20, 2022.
The proposed project would consist of the same area of disturbance and would include the same development types as previously analyzed in the 2020 EIR. Therefore, the intensity of site grading and other associated construction activities would be equivalent to those evaluated in the 2020 EIR. In addition, given that the proposed land uses are the same as those proposed in The Ranch Project, the operational emissions of criteria pollutants, toxic air contaminants, and GHGs would be similar to what was previously analyzed in the 2020 EIR. As discussed further below, the proposed project would generate a negligible increase in vehicle trips as compared to the previously evaluated project. Thus, the increase in vehicle miles traveled (VMT) and as sociated GHG emissions would also be negligible when compared to the 2020 EIR. Furthermore, provided Phase II of The Ranch Planned Development
EIR Consistency Memorandum
June 2025
that the three phases of The Ranch Project do not exceed the total number of 1,177 units that were analyzed and approved in the 2020 EIR, additional impacts related to air quality, GHG emissions, and energy would not occur during construction or operation of the proposed project.
Based on the above, although the circumstances with respect to the thresholds of significance used to evaluate GHG emissions have changed since the 2020 EIR, the change in circumstances or the proposed project’s addition of 13 residential units would not result in any new significant impacts or a substantial increase in the severity of a previously identified significant impact related to air quality, GHG emissions, or energy use. Thus, further environmental review would not be required related to Air Quality, Greenhouse Gas Emissions, or Energy , and all mitigation measures from the 2020 EIR would still be required.
Biological Resources
The proposed project would involve the same project site and the same development types and footprint as those previously evaluated in the 2020 EIR. In addition, t he proposed Vesting Tentative Subdivision Map would maintain the location of proposed parks and open spaces .
Therefore, the area of disturbance related to buildout of Phase II would not differ from what was anticipated in the 2020 EIR.
Based on the above, the proposed project would not require further environmental review related to Biological Resources, and all mitigation measures from the 2020 EIR would still be required.
Transportation
The 2020 EIR analyzed transportation impacts based on an anticipated total of 410 LD-3 units.
Phase I developed 210 LD-3 lots and the proposed project would involve future development of 213 LD-3 units. Based on the ITE Trip Generation Manual, 11th edition, single-family residences generate an average of 9.44 trips per unit per day, with 0.76 during the AM peak hour and 1.00 during the PM peak hour. Accordingly, the 13-unit increase in single-family units associated with the proposed project would result in approximately 23 additional peak hour trips ( 13 x [1.00+0.76]). Pursuant to Table 3.14-6 of The Ranch EIR, Phase II of The Ranch Project was anticipated to generate 348 total peak hour trips . The additional 23 trips associated with the proposed project would constitute a six percent increase beyond what was anticipated in the 2020 EIR and would not be anticipated to result in any new impacts related to the circulation system .
The ultimate extension of Sand Creek Road is planned to have two lanes in both directions for the entire length of the road. However, between the development of Phase I and Phases II and III, the interim portion of Sand Creek Road west of Phase I would have one lane in each direction.
At the time of preparation of the 2020 EIR, analysis of VMT was not a mandatory requirement .
Nonetheless, a brief VMT analysis was provided for information purposes in the 2020 EIR.
According to the analysis in the 2020 EIR, the VMT associated with The Ranch Project would exceed 85 percent of the existing Bay Area regional VMT per capita, and a significant and unavoidable impact would occur. A s part of the certification of the 2020 EIR, a Statement of Overriding Considerations was adopted by the Antioch City Council, acknowledging that the impact cannot be mitigated to a less than significant level. The proposed project’s addition of 13 residential units would not alter the conclusion made in the 2020 EIR. Based on the above, the proposed project would not require further environmental review related to Transportation, and all mitigation measures from the 2020 EIR would still be required.
Phase II of The Ranch Planned Development
EIR Consistency Memorandum
June 2025
Provided that Phase III does not exceed the total number of 1,177 units that were analyzed and approved in the 2020 EIR, additional impacts related to transportation would not occur. Therefore, the analysis included in the 2020 EIR is adequate.
Public Services, Recreation, Utilities, and Service Systems The proposed project would involve the same project site and the same development types as those previously evaluated in the 2020 EIR , and the proposed project is located within the jurisdiction of the same police and fire departments, school district, and utility and service system providers. The proposed project would still be subject to all applicable regulations governing structure safety (i.e., the installation of smoke alarms) and the payment of any applicable development impact fees to support utilities and service systems. Of the 229.5 acres of open space analyzed in the 2020 EIR, the five acres proposed for Phase II would not result in further impacts to the project site. In addition, the proposed project would include 12.3 acres of parkland, which would achieve the City’s required parkland standard of 0.015 acres of park per single-family dwelling unit for the 213 LD-3 homes. Thus, further environmental review would not be required related to Public Services, Recreation, Utilities, and Service Systems, and all mitigation measures from the 2020 EIR would still be required.
Noise
The proposed project would involve the same area of disturbance and the same development type that was analyzed in the 2020 EIR. Thus, any noise associated with implementation of the proposed project would affect the same noise- sensitive receptors that were considered in the 2020 EIR. Construction would occur on the same project site and would include the same land use types. As a result, construction noise and associated ground borne vibrations would be identical to what was analyzed in the 2020 EIR. Operations of residential land uses are not associated with the generation of substantial noise and vibration. Typically, a doubling of the Average Daily Traffic (ADT) hourly volumes on a roadway segment is required in order to result in an increase of 3 dBA in traffic noise levels, which is the lowest change that can be perceptible to the human ear in outdoor environments. The additional 13 units proposed beyond what was anticipated for Phase II would increase traffic noise from what was analyzed but would not be as substantial as doubling ADT. Therefore, the increase in traffic would not result in a significant increase in traffic noise and the proposed project would not require further environmental review related to Noise. All mitigation measures from the 2020 EIR would still be required.
Land Use/Planning and Population/Housing
The proposed project would involve development of the same land use type on the same project site that was evaluated in the 2020 EIR. Thus, implementation of the proposed project would not result in new impacts related to Land Use /Planning and Population/Housing, and further environmental review is not required.
Remaining Impact Areas
Impacts related to Aesthetics would remain the same under the proposed project as what was identified in the 2020 EIR because the development types would be the same as what was previously analyzed, and the proposed project would be subject to the same rules governing aesthetics and glare. Thus, further environmental review related to Aesthetics is not required, and all mitigation measures from the 2020 EIR would still be required.
The proposed project would result in the same area of disturbance, and would not create more impervious surfaces than what was evaluated in the 2020 EIR. Therefore, an increase in the rate or volume of surface runoff would not occur under the proposed project as compared to the levels Phase II of The Ranch Planned Development
EIR Consistency Memorandum
June 2025
anticipated for the site in the 2020 EIR. Thus, further environmental review related to Hydrology and Water Quality is not required, and all mitigation measures from the 2020 EIR would still be required.
The proposed project would involve development on the same project site that was evaluated in the 2020 EIR. Therefore, the proposed project would involve the identical level of impacts related to the suitability of agricultural land/farmland, the potential discovery of previously unknown cultural or tribal cultural resources, the suitability of soils for development , the presence of potentially hazardous conditions, and the susceptibility of the project site to wildfire. Overall, the impacts that could occur with implementation of the proposed project related to Agricultural and Forestry Resources, Cultural Resources, Geology and Soils, Mineral Resources, Tribal Cultural Resources, and Wildfire would be identical to those previously evaluated in the adopted 2020 EIR, and all mitigation measures from the 2020 EIR would still be required.
Environmental Findings
As presented in the discussions above, the proposed project would not result in any new significant information of substantial importance, new impacts, or an increase in the severity of previously identified significant impacts to any CEQA topic areas that would require major revisions to the 2020 EIR . The feasibility of mitigation measures or alternatives previously identified would not be modified with implementation of the proposed project . In addition, the proposed project would be required to implement all applicable mitigation measures set forth in the 2020 EIR. As a result, new information of substantial importance, which was not known and could not have been known at the time the previous CEQA document was prepared, has not come to light from what has been previously analyzed.
G. CONCLUSION
As established in the discussions above regarding the potential effects of the proposed project modifications, the proposed modified project would not result in any new significant information of substantial importance, new impacts, new or revised alternatives, or an increase in the severity of previously identified significant impacts that would require major revisions to the 2020 EIR. As such, the proposed modified project would not result in any conditions identified in CEQA Guidelines Section 15162, and a subsequent EIR is not required. Therefore, additional environmental review under CEQA would not be required for the proposed project.
H. APPLICABLE MITIGATION MEASURES
All mitigation measures from the 2020 EIR, as presented in the Mitigation Monitoring and Reporting Plan for the 2020 EIR , would be required to be implemented with approval of the proposed project.
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Antioch
200 H Street
Antioch, CA 94509
Attention: City Clerk
(Space Above This Line Reserved For Recorder's Use)
DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF ANTIOCH
AND
RICHLAND PLANNED COMMUNITIES, INC.
82595.000I0\32622514.6
Adopted by the Antioch City Council
on
July 28, 2020
ATTACHMENT "C"
C1
DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF ANTIOCH
AND
RICHLAND PLANNED COMMUNITIES, INC.
THIS DEVELOPME T AGREEMENT ("Agreement") by and between the City of Antioch, a municipal corporation ("City") and Richland Planned Communities, Inc. a California corporation ("Developer"), EPC Holdings 820, LLC, a Washington limited liability company and American Superior Land, LLC, a Delaware limited liability company ("Owners") ( each a "Party" and collectively the "Parties"), pursuant to the authority of Division 1, Chapter 4, Article 2.5, Sections 65864 et seq. of the Government Code (the "Statute") is entered into as of ��� l-0, 2020 (the "Effective Date") in the following factual context:
Rf CIIA.L�
A. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the California State Legislature enacted the Statute, which authorizes the City to enter into a development agreement with any person having a legal or equitable interest in real property regarding the development of such property.
B. Developer proposes to develop a master planned residential community commonly known as The Ranch, which would include up to 1,177 new homes, including a mix oflow-density, medium-density, estate and age-restricted units, as well as an approximately five (5) acre mixed use retail village center, parks, trails/trail staging area, open space, and a fire station site on the Property as defined in Recital C, all in accordance with the Project Approvals defined in Recital E of this Agreement (the "Project").
C. Owners each own fifty percent of approximately 551.5 acres of certain real property located in the City of Antioch, Contra Costa County more particularly described in Exhibit A (the "Property") Owners are passive investors in the Property and enter into this Agreement at Richland's request in connection with Richland's planned development of the Project.
D. In exchange for the covenants contained in this Agreement and the continued commitment of Developer to provide the benefits described in the Project Approvals, when and if the Project proceeds, and in order to encourage the investment by Developer necessary to proceed with the Project, the City is willing to enter into this Agreement to set forth the right of Developer to complete the Project as provided in this Agreement.
E. The City Council has approved the following which collectively are referred to as the "Project Approvals":
(1) Resolution No. � 1,.() � l7, adopted by the City Council on July 28, 2020 certifying the Environmental Impact Report (EIR) for the Project and adopting the Mitigation Monitoring and Reporting Program for the EIR. 1 82595.000 I 0\32622514.6
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(2) Resolution No. ZD W- IS, adopted by the City Council on July 28, 2020 approving General Plan Amendment #GP-20-01.
(3) Ordinance No. 7,,0 2,t),.. I", adopted by the City Council on July 28, 2020 to rezone the Property to Planned Development District (P-D). (4) Resolution No. 1,01.D, \1, adopted by the City Council on July 28, 2020 approving the Master Development Plan #MDP-20-01, Design Review, and Resource Management Plan.
F. On July 1, 2020 at a duly noted public hearing, the Planning Commission of the City of Antioch adopted Resolution No. 1--0"ZiJ.,,. l'trecommending approval of this Agreement.
G. On July 28, 2020, after a duly noticed public hearing, the City Council considered this Agreement and conducted a first reading of Ordinance No. Z-l]S)'. ½approving this Agreement.
H. On August 11, 2020, the City Council conducted a second reading and adopted Ordinance No. 1.1 �-('.'..,-<.;;;approving this Agreement.
AG REEMEN T
In this factual context and intending to be legally bound, the Parties agree as follows:
ARTICLE 1
TERM AND APPLICABLE LAW
1.1 Incorporation of Recitals. The preamble, the Recitals, and all defined terms set forth in both are incorporated into this Agreement by this reference
1.2 Term. The term of this Agreement shall commence as of the Effective Date and continue for ten (10) years thereafter, to and including S-trt.e.1t,vt1a IO , 2030 (the "Term"), unless sooner terminated or extended as provided herein. The term shall automatically be extended by: (a) any period of Enforced Delay (as defined herein); (b) any period of time during which a lawsuit brought by a third party challenging any aspect of the Project is pending; and/or ( c) any period of time during which the filing of a referendum petition or initiative petition delays development of the Project. All such original and extended periods are referred to as the "Term" Upon the issuance of the 421 st building permit for residential development and the issuance of building permits for at least thirty-five percent (35%) of the total square footage of commercial development, the Term shall automatically be extended by an additional ten (10) years. The expiration of the Term shall not be interpreted to, and shall not affect, terminate or waive any additional rights that Developer may have that exist independently of this Agreement and derive from common law vesting or other laws or regulations of the State or the City. The Term and the term of any Project Approval, may be extended from time to time pursuant to Section 3 .4, or ARTICLE 5.
1.3 Applicable La w. The rules, regulations, and official policies governing permitted uses of the Property and density and improvement requirements applicable to development of the 2 82595.000 I 0\32622514.6
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Property in accordance with the Project Approvals shall· be the ordinances, rules, regulations, and official policies in force as of the Effective Date (collectively, the "City Regulations"), except as otherwise expressly provided in the Project Approvals or this Agreement. The law applicable to the Project shall be (a) the City Regulations, (b) the Project Approvals and (c) this Agreement (collectively, the "Applicable Law"). If there is a conflict between this Agreement and the City Regulations or Project Approvals, this Agreement sh<\ll CQntrol. If there is a conflict between the Project Approvals and the City Regulations, the Project Approvals shall control. As of the Effective Date, the Project Approvals do not include any large lot map(s) or vesting tentative map(s), design review approvals required for the Project, or other potentially necessary entitlements (the "Subsequent Approvals"). Such Subsequent Approvals shall be subject to the ordinances, rules, regulations, and official policies iq fo:r:ce as of the at the time of the Developer's application for such Subsequent Approvals to the extent they are consistent with the Project Approvals. The Project shall be subject to all conditions of approval imposed as conditions of such Subsequent Approvals. Upon approval, each Subsequent Approval shall become part of the Project Approvals for p'urposes of this Agreement.
ARTICLE 2
COVENANTS OF DEVELOPER
2.1 Obligations of Developer Generally. Developer shall have no obligation to proceed with or complete the Project at any particular time or at all, except to the extent this Agreement requires Developer to submit its application for a vesting tentative map for Phase 1 of the Project within the timeframe set forth in Section 2.6.1. However, to the extent that Developer proceeds with the Project, it shall comply with the Applicable Law, as defined in Section 1.2.
2.2 Development of the Property. Developer hereby agrees that development of the Project shall be in accordance with the Project Approvals, including any conditions of approval and the mitigation measures for the Project as adopted by the City, and any amendments to the Project Approvals as may, from time to time, be approved pursuant to this Agreement.
2.3 Fees. Deveioper sh.all pay when due all generally applicable fees in effect, and at the rates and in the amo�ts a�plicable, at the time of payment. Developer shall pay project specific fees as required by the Project Approvals. Generally applicable fees are those fees of the City that are applicable to ( a) all similar residential projects, or (b) all construction work similar in nature to work required by the Project Approvals. Generally applicable fees include development impact fees adopted after the Effective Date. Project specific fees are fees imposed by the Project Approvals that are not generally applicable fees. In addition, Developer shall pay processing fees and charges of every kind and nature imposed by City, including planning processing deposits, to cover the actual costs to City of processing applications for subsequent approvals or for monitoring compliance with and review of subsequent submittals for any Project Approvals granted or issued, as such fees and charges are adjusted from time to time.
2.4 Improvements. Developer shall construct the public and private improvements and make all dedications required by, and more particularly described in the Project Approvals, including but not limited to large lot and vesting tentative maps approved for the Project as subsequent approvals. Developer shall perform the work in accordance with the standards and specifications established by Applicable Law. To the extent there are no such standards or 3 82595.000 l 0\32622514.6
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specifications in the Applicable Law o·ther than this Agreement, the work shall be performed in accordance with industry standards and in a good and workerlike manner, as approved by the City Engineer.
2.5 Subdivision and Other Agreements; Multiple Final Maps. Developer shall execute and perform its obligations as set forth in any Subdivision Improvement Agreements required or permitted by Applicable Law to obtain.approval of final maps. Developer may phase the Project in accordance with the Phasing Plan provided, and may file multiple final maps in accordance with Section 3.4 below.
2.6 Specific Development Obligations. In addition to the conditions of approval contained in the Project Approvals, the Developer and the City have agreed that the development of the Project is subject to certain specific development obligations as described herein. These specific development obligations, together with the other terms and conditions of this Agreement, provide the incentive and consideration for the City entering into this Agreement.
2.6.1 Vesting Tentative Map. Within 18 months of the Effective Date of this Agreement, Developer shall submit a complete application for a vesting tentative map for Phase 1 of the Project in accordance with the requirements of the Subdivision Map Act (Gov't Code §§ 66401 et seq.) and the City's Subdivision Ordinance (Antioch Municipal Code, Title 9, Chapter 4). Failure to submit the complete application for such vesting tentative map within the timeframe provided herein shall constitute a material default under this Agreement, and a basis for termination of this Agreement. The City shall not have the remedy of specific performance for a default under this Section 2.6.1.
2.6.2 Transportation and Circulation Improvements. In addition to all roadway and circulation improvements required as conditions of the vesting tentative maps processed for the Project, the Developer shall comply with and implement the roadway and circulation improvements identified in Exhibit B, attached hereto and incorporated herein by this reference.
2.6.3 Fire District MOU. Developer shall enter into a Memorandum of Understanding with the Contra Costa County Fire District (the "Fire District") regarding the dedication of an approximately two-acre parcel south of the mixed-use retail village center and southwest of the future intersection of Sand Creek Road and Deer Valley Road within the Property for the development of a new fire station and the establishment of a Community Facilities District (the "Fire Services CFD") or annexation of the Property into an existing CFD, for the purpose of funding the Fire District's fire and emergency services operations to offset the annual fiscal impacts of the Project on the District's fire and emergency services. Developer and Fire District shall enter into such MOU prior to issuance of the first final subdivision map.
2.6.4 Community Facilities District(s)
(a) Annexation into CFD o. 2018-01 and 2018-02.
(i) Developer acknowledges the existence of Community
Facilities District No. 2018-01 Public Services ("CFD No. 2018-01") and Community Facilities District No. 2018-02 Police Protection ("CFD No. 2018-02") which were created pursuant to the 4 82595.000 I 0\32622514.6
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Mello-Roos Community Facilities Act, as set forth in Government Code Section 53311 et seq. for the purpose of funding certain City public services, and police services to assist the City in meeting a police force level within a range of 1.2 to 1.5 officers per 1,000 residents as set forth in Performance Standard 3.5.3.1 of the General Plan. Developer voluntarily consents to and prior to recordation of each final subdivision map for the Project shall take whatever affirmative action it needs to take on its part to ensure that the portion of the Project and Property for which such final subdivision map is recorded is subject to the assessments of CFO No. 2018-01 and CFD No. 2018- 02, which includes without limitation, voting to annex to said CFO No. 2018-01 and CFO No. 2018-02.
(b) Richland may request in writing that the City establish one or more CFDs pursuant to the Mello-Roos Act to finance infrastructure, public facilities and development impact fees it may be required to construction in connection with the Development of the Property.
Richland shall vote in favor of each such CFD assuming the CFDs are formed in accordance with Section 3 .11 of this Agreement.
2.6.5 Project Labor Agreement. Developer represents and warrants that it has entered into a Community Workforce and Training Agreement for the Ranch Project with four local unions (the "Project Labor Agreement"), which Project Labor Agreement shall apply to the Project and will ensure work and training opportunities for the membership of the named unions, which represent their respective trades in Antioch and the surrounding area and are affiliated local unions in the Contra Costa Building and Construction Trades Council.
2.6.6 Dedication of Trail Staging Area. Developer shall offer to dedicate to the East Bay Regional Parks District (or other qualified third party entity approved by the City), free and clear of encumbrances, approximately one acre of land located on the western edge of the project site for a trail staging area and parking lot. The trail staging area and parking lot shall be reserved for dedication at the recordation of the final subdivision map for Phase 3. The trail staging area shall be subject to a separate agreement between Richland and the East Bay Regional Parks District ( or other qualified third-party entity), which separate agreement shall state the specific timing of improvements and dedication. Such agreement shall be a condition precedent to the issuance of the first building permit for the Project.
2.6. 7 Dedication of Open Space. Developer shall dedicate the areas designated as Open Space in the Project Approvals as open space to be maintained in accordance with the Open Space/Public Use Zoning District established by the City's Zoning Code (Antioch Municipal Code, Title 9, Chapter 5.). The open space may be maintained through various means including, but not limited to, dedication to the City, recordation of conservation easements granted to a certified third-party land trust, dedication to a park district, dedication to a flood control district, formation or annexation into a Geologic Hazard Abatement District which would receive dedication of land; or other legally available mechanism, provided that the entity to which such land will be dedicated, and the means of maintaining such property shall be subject to City approval, which approval shall not be unreasonably withheld. Dedication of open space property shall occur prior to the recordation of the final subdivision map for each phase of the Project, but may, at Richland's discretion, occur concurrently.
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2.6.8 School Mitigation. Developer agrees to make commercially reasonable efforts to schedule meetings with the Superintendent of the Antioch Unified School District (the "School District") to discuss any potential impacts that the Project could have on the School District that are not mitigated through the payment of the mandated school impact fees for the Project, and to negotiate in good faith toward an agreement to mitigate any such impact between the Effective Date and December 31, 2020. In the event that the District and Developer, cannot reach agreement on the terms of an agreement to mitigate the impact to the District by December 31, 2020 despite good faith efforts by the Developer, the Developer shall be relieved of any further obligations under this Sections 2.6.8.
2.6.9 Additional Funding for Economic Development. Despite City efforts to encourage employment-generating uses in the Sand Creek Focus Area in particular, the City continues to maintain an imbalance between the number of housing units and available high quality jobs in the City. In furtherance of the City's efforts to encourage economic development and employment generating uses in the City, Developer shall pay Two Million Five Hundred Thousand Dollars ($2,500,000) to the City to be used for economic development purposes in the City, in the City's sole and absolute discretion (the "Economic Development Payment"). The Economic Development Payment shall be due and payable in three equal payments due at the following triggers: (i) upon recordation of the first final map; (ii) issuance of the 250th building permit, and (iii) issuance of the 500th residential building permit.
ARTICLE3
COVENANTS OF THE CITY
3 .1 Obligations of City Generally. The City shall act in good faith to accomplish the intent of this Agreement. City shall cooperate with Developer so that it receives the benefits of and the rights vested by this Agreement, including obtaining from other governmental entities necessary or desirable permits or other approvals for the Project.
3.2 No Conflicting Enactments. The City may adopt new or modified rules, regulations or official policies after the Effective Date, and such new or modified rules, regulations, or official policies shall be included within the Applicable Law; provided, however, such new or modified rules, regulations, or official policies (whether adopted by action of City Council or other body or personnel, by initiative, by referendum, or otherwise) shall be applicable to the Project, and/or to any development on the Subject Property, only to the extent that such application does not modify the Project, does not prevent or impede development of any portion of the Property pursuant to Applicable Law, and does not conflict with this Development Agreement. Any new or modified rule, regulation or official policy (whether adopted by action of the City Council or other body or personnel, by initiative, by referendum, or otherwise) shall be deemed to conflict with this Development Agreement if it seeks to accomplish any one or more of the following results, either with specific reference to the Project or to any development of the Property, or as part of a general enactment that would otherwise apply to the Property:
3.2.1 Reduce the density or intensity of the Property as allowed by the Applicable Law;
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3.2.2 Reduce the density or intensity of development allowed on the Property under the Applicable Law;
3.2.3 Change any General Plan or Zoning Code land use designation or permitted use of the Property as described in the Applicable Law;
3.2.4 Require, for any work necessary to develop the Project on the Property, the issuance of permits, approvals, or entitlements by City other than those required by Applicable Law; or
3 .2.5 Materially limit the processing of, the procuring of applications for, or approval of Project Approvals.
Nothing in this Agreement shall restrict the City's discretion to impose conditions of approval on one or more vesting tentative maps that must be approved as part of the Project in accordance with the Subdivision Map Act and the Subdivision Ordinance.
3.3 Permitted Uses. The permitted uses of the Property; the density and intensity of use of the Property; the maximum height, bulk and size of buildings are as set forth in the Project Approvals, which City confirms and vests by this Agreement. 3 .4 Life of Project Approvals. By approval of this Agreement, City extends and vests the term of any vesting tentative map included in the Project Approvals for the Term (including any subsequent extensions). The Term and the term of any vesting tentative map shall be extended automatically by a time period equal to the sum of any periods oftime during which a development moratorium, as defined in Section 66452.6(f) of the Subdivision Map Act (the "Map Act"), is in effect. The term of each Project Approval shall expire no sooner than (a) this Agreement or (b) the term otherwise applicable to the Project Approval if this Agreement were not in effect, whichever occurs later. The City shall not require Developer to enter into any subdivision or other agreement that is inconsistent with this Agreement or the Project Approvals, provided however that the Parties agree and understand that the vesting tentative maps will include conditions of approval in addition to those included in the Project Approvals, and Developer will be required to enter into Subdivision Improvement Agreements as set forth in Section 2.5 above. The City shall allow Developer to file multiple final maps in accordance with Section 66456.1 of the Map Act.
3.5 Conflict of City and State or Federal Laws. In the event that federal or state laws or regulations enacted after the Effective Date prevent or preclude compliance with one or more provisions of this Development Agreement, each Party shall provide the other Party with written notice of such federal or state law or regulation, a copy of such law or regulation, and a statement concerning the conflict with the provisions of this Development Agreement. The Parties shall, within thirty (30) days, meet and confer in good faith in a reasonable attempt to modify this Development Agreement so as to comply with such federal or state law or regulation. City, without the obligation to incur costs or liability, shall reasonably cooperate with Developer in securing of any permits, approvals, or entitlements that may be required as a result of modifications or suspensions made pursuant to this section.
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3.6 Life of Legislative Approvals and Project Approvals. The term of any Project Approval shall be automatically extended for the longer of the Tenn of this Development Agreement or the term otherwise applicable to such Legislative Approval or Project Approval.
3. 7 Timing of Construction and Completion. The Parties acknowledge that Developer cannot at this time predict when or the rate at which the Project will be constructed. The Parties agree that there is no requirement that Developer initiate or complete construction of the Project within any particular period of time, or at all, and City shall not impose such a requirement on Developer, the Property, or any Project Approval. In light of the foregoing, the Parties agree that Developer may construct the Project at the rate and time Developer deems appropriate within the exercise of its reasonable business judgment, subject to Applicable Law and the terms of this Agreement. Further, Developer may implement the Project in phases, from east to west, and from north to south, in Developer's reasonable discretion.
3.8 Processing Project Approvals. Upon submission by Developer of any application for a Project Approval, City shall cooperate and diligently work to promptly process, consider, and approve such application, and shall apply only Applicable Law and any applicable federal or state laws. City shall retain its discretionary authority in its consideration of any and all Project Approvals that involve discretionary decisions; provided, however, such consideration shall be regulated solely by the Applicable Law, any applicable federal or state law, and this Development Agreement.
3.9 Eminent Domain. Developer shall obtain all real property interests necessary to allow it to construct improvements required by the Project Approvals and this Agreement, and any subsequent approvals. Notwithstanding the foregoing, in the event an affected property owner has rejected an offer by Developer, based upon fair market value as determined by an appraisal prepared by a certified appraiser approved by the City, the City shall assist Developer upon its request in obtaining any real property interests necessary for the public improvements.
Specifically, the City shall promptly negotiate and seek to purchase of the necessary property, including the possible consideration of the City's use of its power of eminent domain to acquire such real property interests. Developer shall pay all costs associated with any acquisition or condemnation proceedings, subject to reimbursement of pro rata share from other benefiting landowners.
3.10 Formation of Services Community Facilities District(s).
3.10.1 The City agrees that upon receipt of Richland's written request and application and the deposit with City of sufficient funds to pay the City's costs to undertake the proceedings to establish any particular CFD, City shall conduct proceedings to establish the respective CFD(s) and Richland shall cooperate in the conduct of such proceedings. Richland acknowledges that this Agreement cannot obligate the City Council to establish the CFD(s) at the conclusion of those proceedings. If adopted, a Facilities CFD Tax levied by such CFD (the "Facilities CFD Tax") shall be authorized to be levied on assessor's parcels in the CFD for which a building permit for residential construction and a certificate of occupancy or final inspection has been issued ("Occupied Residential Property") within each CFD to fund, in order of priority: (a) administrative expenses of the CFD; (b) scheduled debt service on bonds for the CFD that are issued to fund eligible public facilities (including, as may be permitted by the City, public facilities 8 82595.00010\32622514.6
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in lieu of Contributions); (c) replenishment of a reserve fund for the bonds; and (d) on a pay as you go basis, eligible public improvements and public facilities funded through eligible fee programs (including, as may be permitted by the City, public facilities in lieu of Contributions) including acquisition of right-of-way. The annual Facilities CFD Tax amount shall be increased each fiscal year, beginning with the fiscal year following the formation of the CFD, by a percentage equal to two percent (2%) of the prior year's levy.
3 .10.2 Facilities CFD Tax shall only be authorized concurrent with, or subsequent to, the authorization of taxes levied on the Property by CFD No. 2018-01, CFD No. 2018-02 and the Fire Services CFD (collectively, the "City Public Services/Public Safety Tax"), and under no circumstances shall Facilities CFD Tax be authorized before, or without the concurrent authorization, of the City Public Services/Public Safety Tax.
3.10.3 City agrees that the maximum effective tax rate for assessor's parcels within each CFD, including without limitation, Facilities CFD Tax and City Public Services/Public Safety Tax, may not exceed two percent (2.0%) of the reasonably expected value of the parcel with planned vertical improvements determined at the time of approval of the CFD and the Rate and Method of Apportionment.
3.10.4 City agrees to use reasonable efforts to develop and implement the CFD(s) subject to public hearing and election requirements of applicable State and, if tax-exempt bonds are to be issued, federal law, the existing regulations and the customary and reasonable industry standards for the development of such financings for CFD(s). Richland and City acknowledge and agree that the establishment of a CFD for facilities and services and the issuance of bonds supported by the special taxes are dependent on many factors that are not known at this time. The viability of the financing, the amount of special taxes for debt service, and available bond proceeds will be dependent on several factors existing at the time the bonds are sold, including, but not limited to, the financial markets, interest on tax exempt financings, housing market, value of homes in the area, absorption rates for home sales in the area, bond underwriting criteria and ratings by bond-rating agencies.
3.11 In the event that a CFD for facilities is established as outlined above, City agrees to participate at Richland's written request in the formation of a Joint Community Facilities Agreement ("JCF A") with Antioch Unified School District, Contra Costa County, and/or any special district within the County (i.e., East Bay Regional Parks District or the County Flood Control District) for the financing of public improvements or development impact fees required in connection with the development of the Property.
3 .12 Vested Development Rights. The City confirms and grants to Developer the vested right to pursue the Project in accordance with the Applicable Law and Project Approvals (once they are granted), and the provisions of this Development Agreement, including, without limitation, Developer's vested right to develop the Project on the Property. In the event of any conflict or inconsistency between this Development Agreement and the Applicable Law or between this Development Agreement and any Project Approvals, this Development Agreement shall prevail and control to the fullest extent legally possible. This Agreement shall be enforceable as set forth in Section 10.2 below. No subsequently adopted ballot measures or initiatives shall have any application to the Property or ·Project unless expressly consented to by the Developer. 9 82595.000 I 0\32622514.6
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ARTICLE 4
CITY RESERVATIONS OF AUTHORITY
4.1 City's Reservations of Authority. Notwithstanding any other provision of this Agreement to the contrary, the following regulations and provisions shall apply to the development of the Property:
4.1.1 City Regulations regarding processing fees and charges, enacted after the Effective Date, provided such procedures are uniformly applied on a City-wide basis to all substantially similar types of development projects and properties.
4.1.2 City Regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure, enacted after the Effective Date, provided such procedures are uniformly applied on a City-wide basis to all substantially similar types of development projects and properties.
4.1.3 City Regulations governing construction standards and specifications, enacted after the Effective Date, including (a) City's building code, plumbing code, mechanical code, electrical code, fire code and grading code, (b) all uniform construction codes applicable in City at the time of building permit issuance, and (c) design and construction standards for road and storm drain facilities; provided any such regulation has been adopted and uniformly applied by City on a citywide basis and has not been adopted for the purpose of preventing or otherwise limiting construction of all or any part of the Project.
4.1.4 City Regulations enacted after the Effective Date that may be in conflict with this Agreement or the Project Approvals but that are necessary to protect persons or property from dangerous or hazardous conditions that create a threat to the public health or safety or create a physical risk, based on findings by the City Council identifying the dangerous or hazardous conditions requiring such changes in the law, why there are no feasible alternatives to the imposition of such changes, and how such changes would alleviate the dangerous or hazardous condition. Changes in laws, regulations, plans or policies that are specifically mandated and required by changes in state or federal laws or regulations that require such to apply to the Project.
4.1.5 Notwithstanding anything to the contrary provided herein, as provided in the Statute at Section 65869.5: "In the event that state or federal law or regulations, enacted after [this Agreement] has been entered into, prevent or preclude compliance with one or more provisions of [this Agreement], such provisions of [this Agreement] shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations." ARTICLE 5
AMENDMENT
5.1 Amendment to Approvals. To the extent permitted by state and federal law, any Project Approval or Subsequent Project Approvals (hereafter in this ARTICLE 6, an "Approval") may, from time to time, be amended or modified in the following manner.
5.1.1 Administrative Project Amendments. Upon the written request of Developer for an amendment or modification to an Approval, the Director of Community 10 82595.000 I 0\32622514.6
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Development, or his/her designee (collectively "Authorized Official") shall determine: (i) whether the requested amendment or modification is minor when considered in light of the Project as a whole; and (ii) whether the requested amendment or modification is substantially consistent with Applicable Law. If the Authorized Official finds that the proposed amendment or modification is minor, substantially consistent with Applicable Law, and will result in no new significant environmental impacts, the amendment shall be determined to be an "Administrative Project Amendment" and the Authorized Official may, except to the extent otherwise required by law, approve the Administrative Project Amendment, following consultation with other relevant City staff, without notice and public hearing. Without limiting the generality of the foregoing, lot line adjustments, non-substantial reductions in the density, intensity, scale or scope of the Project, minor alterations in vehicle circulation patterns or vehicle access points, substitutions of comparable landscaping for any landscaping shown on any final development plan or landscape plan, variations in the design and location of structures that do not substantially alter the design concepts of the Project, variations in the location or installation of utilities and other infrastructure connections or facilities that do not substantially alter the design concepts of the Project, and minor adjustments to the Property diagram or Property legal description shall be treated as Administrative Project Amendments.
5.1.2 Non-Administrative Project Amendments. Any request of Developer for an amendment or modification to an Approval which is determined not to be an Administrative Project Amendment as set forth above shall be subject to review, consideration and action pursuant to the Applicable Law and this Agreement.
5.1.3 Project Amendment Exemptions. Amendment of an Approval requested by Developer shall not require an amendment to this Agreement. Instead, the amendment automatically shall be deemed to be incorporated into the Project and the Project Approvals and vested under this Agreement.
5.2 Amendment of This Agreement. This Agreement may be amended from time to time, in whole or in part, by mutual written consent of the Parties or their successors in interest, as follows:
5.2.1 Administrative Agreement Amendments. The City Manager and City Attorney are authorized on behalf of the City to enter into any amendments to this Agreement other than amendments which substantially affect (i) the term of this Agreement ( excluding extensions of time for performance of a particular act), (ii) permitted uses of the Property, (iii) provisions for the reservation or dedication of land, (iv) the density or intensity of use of the Property or the maximum height or size of proposed buildings, or (v) monetary payments by Developer. Such amendments ("Administrative Agreement Amendment") shall, except to the extent otherwise required by law, become effective without notice or public hearing.
5.2.2 Non-Administrative Agreement Amendments. Any request of Developer for an amendment or modification to this Agreement which is determined not to be an Administrative Agreement Amendment as set forth above shall be subject to review, consideration and action pursuant to the Applicable Law and this Agreement. 11 82595.000 I 0\32622514.6
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ARTICLE 6
ASSIGNMENT, TRANSFER AND MORTGAGEE PROTECTION
6.1 Assignment oflnterests, Rights and Obligations. Nothing herein limits the right of Developer to freely alienate or transfer all or any portion of the Property. However, Developer may only transfer or assign all or any portion of its interests, rights or obligations under this Agreement or the Project Approvals, including any amendments thereto (a "Transfer"), subject to the requirements for City's consent set forth in this ARTICLE 6, to any third party who acquires an interest or estate in the Property or any portion thereof including, without limitation, purchasers or ground lessees of lots, parcels or improvements (a "Transferee"). City consent shall not be required if Developer transfers all or a portion of the Subject Property to an Affiliated Party. An "Affiliated Party" is defined as any corporation, limited liability company, partnership or other entity that is controlling of, controlled by, or under common control with Developer, and "control," for purposes of this definition, means effective management and control of the other entity, subject only to major events requiring the consent or approval of the other owners of such entity.
6.2 Transfer Agreements.
6.2.1 Written Agreement. In connection with a Transfer by Developer ( other than a Transfer by Developer to an Affiliated Party (as defined in Section 6.1), to a Mortgagee (as defined below in 6.4) or to a Home Purchaser (as defined below in 6.3)), Developer and the Transferee shall enter into a written agreement (a "Transfer Agreement"), with City's consent in writing to the Transfer, regarding the respective interests, rights and obligations of Developer and the Transferee in and under the Agreement and the Project Approvals. Such Transfer Agreement may (i) release Developer from obligations under the Agreement or the Project Approvals that pertain to that portion of the Project being transferred, as described in the Transfer Agreement, provided that the Transferee expressly assumes such obligations, (ii) transfer to the Transferee vested rights to improve and use that portion of the Project being transferred, and (iii) address any other matter deemed by Developer to be necessary or appropriate in connection with the transfer or assignment. Developer shall notify the City in writing that it plans to execute a Transfer Agreement at least 60 days in advance of the execution date and provide City with such information as may be required by City to demonstrate the Transferee's qualifications and financial ability to complete the Project. City shall have 30 days from the date of such notice to review the information and provide a determination to Developer. City shall not withhold its consent unless the City reasonably determines that the Transferee, or an entity with similar or related ownership or control as Transferee, is or has been a party to litigation filed against the City or if the Transferee lacks the financial ability to complete the Project. If City does not consent to the Transfer, City shall provide its reasons in writing and shall meet with Developer in good faith to determine what additional information may be necessary for City to provide its consent. Such a process shall not extend beyond a 30 day period.
6.2.2 Binding. Any Transfer Agreement shall be binding on Developer, the City and the Transferee, but shall not release Developer absent express language in the Transfer Agreement. Upon recordation in the Official Records of Contra Costa County of any Transfer Agreement , Developer shall be released from those obligations assumed by the Transferee therein, subject to the provisions of 6.2.1 above.
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6.3 Home Purchaser. The burdens, obligations and duties of Developer under this Agreement shall terminate with respect to, and neither a Transfer Agreement nor the City's consent shall be required in connection with, any single-family residence conveyed to a purchaser or leased for a period in excess of one year. The Transferee in such a transaction and its successors ("Home Purchaser") shall be deemed to have no obligations under this Agreement.
6.4 Mortgagee Protection. This Agreement shall be superior and senior to any lien placed upon the Property or any portion thereof after the date of recording of this Agreement, including the lien of any deed of trust or mortgage ("Mortgage"). The foregoing notwithstanding, no breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, but all of the terms and conditions contained in this Agreement (including but not limited to the City's remedies to terminate the rights of Developer and its successors and assigns under this Agreement, to terminate this Agreement, and to seek other relief as provided in this Agreement) shall be binding upon and effective against any person or entity, including any deed of trust beneficiary or mortgagee ("Mortgagee") who acquires title to the Property, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise.
6.4.1 Mortgagee Not Obligated. The prov1s1ons of 6.4 notwithstanding, no Mortgagee shall have any obligation or duty under this Agreement to construct or complete the Project, or to guarantee such construction or completion; provided, however, that a Mortgagee shall !}Ot be entitled to devote the Property to any uses or to construct any improvements other than those uses or improvements provided for or authorized by this Agreement, or otherwise under the Project Approvals.
6.4.2 Notice of Default to Mortgagee. If the City receives a written notice from a Mortgagee or from Developer requesting a copy of any notice of default given Developer and specifying the address for notice, then the City shall deliver to the Mortgagee at the Mortgagee's cost, concurrently with delivery to Developer, any notice with respect to any claim by the City that Developer has committed an event of default. Each Mortgagee shall have the right during the same period available to Developer to cure or remedy, or to commence to cure or remedy, the event of default claimed or the areas of noncompliance set forth in the City's notice. The City Manager is authorized on behalf of the City to grant to the Mortgagee an extension of time to cure or remedy, not to exceed an additional 60 days.
ARTICLE 7
COOPERATION IN THE EVENT OF LEGAL CHALLENGE, INDEMNITY
Developer, as the real party in interest, shall defend, indemnify, and hold harmless the City, with legal counsel reasonably acceptable to the City Attorney, in any action brought by a third party to challenge concerning: (a) the validity, legality, or constitutionally of any term, condition, obligation, fee, dedication, or exaction required or imposed by this Development Agreement; (ii) the procedures utilized in or the sufficiency of the environmental review associated with this Development Agreement; and (iii) the implementation of this Development Agreement through such further actions, measures, procedures, and approvals as are necessary to satisfy the Development Agreement's requirements. Developer shall defend the City with qualified legal counsel subject to the approval of the City Attorney, which approval shall not be unreasonably 13 82595.00010\32622514.6
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withheld, conditioned, or delayed. Developer shall pay all costs, damages, attorney's fees, and other court-ordered costs awarded to any third party in any legal action in which Developer's duties to defend, indemnify, and hold the City harmless arise under this Article. The City shall promptly notify Developer of any action filed and the Parties shall cooperate fully in the defense of such action.
The Parties expressly recognize that the obligation stated in this Article do not require or contemplate that Developer shall indemnify or hold harmless or be responsible for any error, omission, intentional act, negligent act, or default of, or any injury caused by, any homeowners association or any City department or dependent special district that is formed by or the receives funding as a result of any term or condition of this Agreement.
ARTICLE 8
DEFAULT; TERMINATION; ANNUAL REVIEW
8.1 Default.
8.1.1 Remedies in General; o Damages. Except as provided in Section 2.6.1, City and Developer agree that, as part of the bargained for consideration of this Agreement, in the event of default by either Party, the only remedy shall be declaratory relief or specific performance of this Agreement. In no event shall either Party, or any of their officers, agents, representatives, officials, employees or insurers, be liable to the other Party for damages, whether actual, consequential, punitive or special, for any breach or violation of this Agreement. The Parties agree that any action or proceeding to cure, correct or remedy any default or to enforce any covenant or promise under this Agreement shall be limited solely and exclusively to the remedies expressly provided. Following notice and expiration of any applicable cure periods and completion of the dispute resolution process set forth in ARTICLE 9 below, either Party may institute legal or equitable proceedings to cure, correct, or remedy any default, or to enforce any covenant or promise herein, enjoin any threatened or attempted violation, or enforce by specific performance, declaratory relief or writ of mandate the obligations and rights of the Parties. As noted above, in no event shall either Party be liable for any damages. Any legal action to interpret or enforce the provisions of this Agreement shall be brought in the Superior Court for Contra Costa County, California.
8.1.2 Cure Period. Subject to extensions of time by mutual consent in writing of the Parties, breach of, failure, or delay by either Party to perform any term or condition of this Agreement shall constitute a default. In the event of any alleged default of any term, condition, or obligation of this Agreement, the Party alleging such default shall give the defaulting Party notice in writing specifying the nature of the alleged default and the manner in which such default may be satisfactorily cured ("Notice of Breach"). The defaulting Party shall cure the default within 30 days following receipt of the Notice of Breach, provided, however, if the nature of the alleged default is non-monetary and 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, provided that if the cure is not diligently prosecuted to completion, then no additional cure period shall be provided. If the alleged failure is cured within the time provided above, then no default shall exist and the noticing Party shall take no further action to exercise any remedies available hereunder. If the alleged failure is 14 82595.00010\32622514.6
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not cured, then a default shall exist under this Agreement and the non-defaulting Party may exercise any of the remedies available.
8.1.3 Procedure for Default by Developer. If Developer is alleged to be in default hereunder by City then after notice and expiration of the cure period specified above and the dispute resolution process set forth in ARTICLE 9 below, City may institute legal proceedings against Developer pursuant to this Agreement, and/or give notice of intent to terminate or modify this Agreement to Developer pursuant to California Government Code Section 65868. Following notice of intent to terminate or modify this Agreement as provided above, the matter shall be scheduled for consideration and review at a duly noticed and conducted public hearing in the manner set forth in Government Code Sections 65865, 65867 and 65868 by the City Council within 60 calendar days following the date of delivery of such notice (the "Default Hearing").
Developer shall have the right to offer written and oral testimony prior to or at the time of the Default Hearing. If the City Council determines that a default has occurred and is continuing, and elects to terminate the Agreement, City shall give written notice of termination of the Agreement to Developer by certified mail and the Agreement shall thereby be terminated 30 days thereafter; provided, however, that if Developer files an action to challenge City's termination of the Agreement within such 30-day period, then the Agreement shall remain in full force and effect until a trial court has affirmed City's termination of the Agreement and all appeals have been exhausted ( or the time for requesting any and all appellate review has expired). This Section 8.1.3 shall not be interpreted to constitute a waiver of Section 65865.1 of the Government Code, but merely to provide a procedure by which the Parties may take the actions set forth in Section 65865.1.
8.1.4 Procedure for Default by City. If the City is alleged by Developer to be in default under this Agreement, then after notice and expiration of the cure period and completion of the dispute resolution procedures below, Developer may enforce the terms of this Agreement by an action at law or in equity, subject to the limitations set forth above.
8.2 Excusable Delay; Extension of Time of Performance. In addition to specific provisions of this Agreement, neither Party shall be deemed to be in default where delays in performance or failures to perform are due to, or a necessary outcome of, war, insurrection, strikes or other labor disturbances, walk-outs, riots, floods, earthquakes, fires, pandemics, casualties, acts of God, enactment or imposition against the Project of any moratorium, or any time period for legal challenge of such moratorium by Developer, or similar basis for excused performance which is not within the reasonable control of the Party to be excused. Litigation attacking the validity of this Agreement or any of the Project Approvals or implementing or subsequent approvals, or any permit, ordinance, entitlement or other action of a governmental agency other than the City necessary for the development of the Project pursuant to this Agreement, or Developer's inability to obtain materials, power or public facilities (such as water or sewer service) to the Project, shall be deemed to create an excusable delay as to Developer. Upon the request of either Party, an extension of time for the performance of any obligation whose performance has been so prevented or delayed shall be memorialized in writing. The City Manager is authorized on behalf of the City to enter into such an extension. The term of any such extension shall be equal to the period of the excusable delay, or longer, as may be mutually agreed upon. 15 82595.00010\32622514.6
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8.3 Annual Review. Throughout the Term, at least once every 12 months, City may request that Developer provide City with a written report demonstrating its good-faith compliance with the terms of this Agreement (the "Written Report"). The City Manager and City Attorney shall review the Written Report to determine whether Developer is in good-faith compliance with the terms of the Agreement and, if they have concerns about Developer's compliance, shall schedule a review before the City Council (the "Periodic Review"). At least 10 days prior to the Periodic Review, the City shall provide to Developer a copy of any staff reports and documents to be used or relied upon in conducting the review (and, to the extent practical, related exhibits) concerning Developer' performance. Developer shall be permitted an opportunity to respond to the City's evaluation of Developer's performance, either orally at a public hearing or in a written statement, at Developer's election. Any written response shall be directed to the Community Development Director. At the conclusion of the Periodic Review, the City Council shall make written findings and determinations, on the basis of substantial evidence, as to whether or not Developer has complied in good faith with the terms and conditions of this Agreement. If the City Council finds and determines, based on substantial evidence, that Developer has not complied with such terms and conditions, the City Council may initiate proceedings to terminate or modify this Agreement, in accordance with Government Code Section 65865.1, by giving notice of its intention to do so, in the manner set forth in Government Code Sections 65867 and 65868. If after receipt of the Written Report, the City does not (a) schedule a Periodic Review within two months, or (b) notify Developer in writing of the City's determination after a Periodic Review, then it shall be conclusively presumed that Developer has complied in good faith with the terms and conditions of this Agreement during the year covered under the Written Report.
8.4 Notice of Compliance. Within 30 days following any written request which Developer or a Mortgagee may make from time to time, the City shall execute and deliver to the requesting party ( or to any other party identified by the requesting party) a written "Notice of Compliance", in recordable form, duly executed and acknowledged by the City, that certifies: (a) this Agreement is unmodified and in full force and effect, or if there have been modifications, that this Agreement is in full force and effect as modified and stating the date and nature of the modifications; (b) there are no current uncured defaults under this Agreement or specifying the dates and nature of any default; and ( c) any other information reasonably requested by Developer or the Mortgagee. The failure to deliver such a statement within such time shall constitute a conclusive presumption against the City that this Agreement is in full force and effect without modification except as may be represented by Developer and that there are no uncured defaults in the performance of Developer, except as may be represented by Developer.
ARTICLE 9
DISPUTE RESOLUTION
9.1 Dispute; Confidentiality. Any controversy or dispute arising out of or related to this Agreement, or the development of the Project (a "Dispute"), shall be subject to private negotiation among the Parties, and if then not resolved shall be subject to non-binding mediation followed by litigation, if necessary, as set forth below. Each Party agrees that any Dispute, and all matters concerning any Dispute, will be considered confidential and will not be disclosed to any third-party except (a) disclosures to a Party's attorneys, accountants, and other consultants who assist the Party in the resolution of the Dispute, (b) as provided below with respect to the mediation, 16 82595.00010132622514.6
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and (c) as otherwise required by law, including without limitation, the California Public Records Act.
9.2 Private Negotiation. If a Dispute arises, the Parties agree to negotiate in good faith to resolve the Dispute. If the negotiations do not resolve the Dispute to the reasonable satisfaction of the Parties within 30 days from a written request for a negotiation, then the Dispute shall be submitted to mediation pursuant to 9.2.
9.3 Mediation. Within 30 days following the written request to negotiate, either Party may initiate non-binding mediation (the "Mediation"), conducted by JAMS, Inc. ("JAMS") or any other agreed-upon mediator. Either Party may initiate the Mediation by written notice to the other Party. The mediator shall be a retired judge or other mediator, selected by mutual agreement of the Parties, and if the Parties cannot agree within 15 days after the Mediation notice, the mediator shall be selected through the procedures regularly followed by JAMS. The Mediation shall be held within 30 days after the Mediator is selected, or a longer period as the Parties and the mediator mutually decide. If the Dispute is not fully resolved by mutual agreement of the Parties within 30 days after completion of the Mediation, then either Party may commence an action in state or federal court. The Parties shall bear equally the cost of the mediator's fees and expenses, but each Party shall pay its own attorneys' and expert witness fees and any other associated costs.
9.4 Injunction. Nothing in this ARTICLE 9 shall limit a Party's right to seek an injunction or restraining order from a court of competent jurisdiction in circumstances where such relief is deemed necessary to preserve assets.
ARTICLE 10
MISCELLANEOUS
10.1 Defined Terms; Citations. The capitalized terms used in this Agreement, unless the context obviously indicates otherwise, shall have the meaning given them in this Agreement.
Except as otherwise expressly stated, all citations are to the Government Code of the State of California.
10.2 Enforceability. As provided in Section 65865.4, this Agreement shall be enforceable by either Party notwithstanding any change enacted or adopted (whether by ordinance, resolution, initiative, or any other means) in any applicable general plan, specific plan, zoning ordinance, subdivision ordinance, or any other land use ordinance or resolution or other rule, regulation or policy adopted by the City that changes, alters or amends the ordinances, rules, regulations and policies included in the Applicable Law, except as this Agreement may be amended or canceled pursuant to Section 65868 or modified or suspended pursuant to Section 65869.5.
10.3 Other Necessary Acts. Each Party shall execute and deliver to the other all such other further instruments and documents as may be reasonably necessary to carry out the Project Approvals and this Agreement and to provide and secure to the other Party the full and complete enjoyment of its rights and privileges under this Agreement.
10.4 Construction. Each reference in this Agreement to this Agreement or any of the Project Approvals shall be deemed to refer to this Agreement or the Project Approval, as it may 17 82595.000 I 0\32622514.6
C18
be amended from time to time. This Agreement has been reviewed and revised by legal counsel for both the City and Developer, and no presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement.
10.5 Covenants Running with the Land. Subject to the Transfer provisions in ARTICLE 6, all of the provisions contained in this Agreement shall be binding upon and benefit the Parties and their respective heirs, successors and assigns, representatives, lessees, and all other persons acquiring all or a portion of, or interest in, the Property, whether by operation of law or in any manner whatsoever. All of the provisions contained in this Agreement shall be enforceable as equitable servitudes and shall constitute covenants running with the land pursuant to California law including, without limitation, Civil Code Section 1468. Each covenant herein to act or refrain from acting is for the benefit of or a burden upon the Property, as appropriate, runs with the Property and is for the benefit of and binding upon the Developer, and each successive owner of all or a portion of the Property, during its ownership of such property.
10.6 Attorneys' Fees. If any legal action or other proceeding is commenced to enforce or interpret any provision of, or otherwise relating to, this Agreement, the losing party or parties shall pay the prevailing party's or parties' actual expenses incurred in the investigation of any claim leading to the proceeding, preparation for and participation in the proceeding, any appeal or other post-judgment motion, and any action to enforce or collect the judgment including without limitation contempt, garnishment, levy, discovery and bankruptcy. For this purpose "expenses" include, without limitation, court or other proceeding costs and experts' and attorneys' fees and their expenses. The phrase "prevailing party" shall mean the party which is determined in the proceeding to have prevailed or which prevails by dismissal, default or otherwise.
10.7 No Agency, Joint Venture or Partnership. The City and Developer disclaim the existence of any form of agency relationship, joint venture or partnership between the City and Developer. Nothing contained in this Agreement or in any document executed in connection with this Agreement shall be construed as creating any relationship other than a contractual relationship between the City and Developer.
10.8 No Third Party Beneficiary. This Agreement is made solely and specifically among and for the benefit of the Parties, and their respective successors and assigns subject to the express provisions relating to successors and assigns, and no other party other than a Mortgagee will have any rights, interest or claims or be entitled to any benefits under or on account of this Agreement as a third party beneficiary or otherwise.
10.9 Notices. All notices, consents, requests, demands or other communications to or upon the respective Parties shall be in writing and shall be effective for all purposes: (A) upon receipt on any City business day before 5 :00 PM local time and on the next City business day if received after 5:00 PM or on other than a City business day, including without limitation, in the case of (i) personal delivery, or (ii) delivery by messenger, express or air courier or similar courier, or (B) five days after being duly mailed certified mail, return receipt requested, postage prepaid, all addressed as follows:
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If to City, to:
With a mandatory
copy to:
If to Developer, to:
With a mandatory
copy to:
City of Antioch
Attention: City Manager
200 H Street
Antioch, CA 94509
Telephone: (925) 779-7011
City Attorney
City of Antioch
200 H Street
Antioch, CA 94509
Telephone: (925) 779-7015
Richland Planned Communities, Inc.
Attention: Kyle Masters
3000 Lava Ridge Drive, Suite 115
Roseville, CA 95661
Telephone: (916) 772-3330
Richland Planned Communities, Inc.
Attention: General Counsel
3161 Michelson Drive, Suite 425
Irvine, CA 92612
Telephone: (949) 261-7010
In this Agreement "City business days" means days that the Antioch City Hall is open for business and does not currently include Fridays, Saturdays, Sundays, and federal and state legal holidays.
Either Party may change its address by written notice to the other on five business days' prior notice in the manner set forth above. Receipt of communication by facsimile or electronic mail shall be sufficiently evidenced by a machine-generated confirmation of transmission without notation of error. In the case of illegible or otherwise unreadable facsimile transmissions, the receiving Party shall promptly notify the transmitting Party of any transmission problem and the transmitting Party shall promptly resend any affected pages.
10.10 Entire Agreement and Exhibits. This Agreement constitutes in full, the final and exclusive understanding and agreement of the Parties and supersedes all negotiations or previous agreements of the Parties with respect to all or any part of the subject matter of this Agreement.
No oral statements or prior written matter not specifically incorporated in this Agreement shall be of any force and effect. No amendment of, supplement to or waiver of any obligations under this Agreement will be enforceable or.admissible unless set forth in a writing approved by the City and Developer. The following exhibits are attached to this Agreement and incorporated for all purposes:
Exhibit A Property Description
Exhibit B Roadway and Circulation Improvements
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10.11 Counterparts. This Agreement may be executed in any number of identical counterparts and each counterpart shall be deemed to be an original document. All executed counterparts together shall constitute one and the same document, and any counterpart signature pages may be detached and assembled to form a single original dpcument. This Agreement may be executed by signatures transmitted by facsimile, adobe acrobat or other electronic image files and these signatures shall be valid, binding and admissible as though they were ink originals.
10.12 Recordation of Development Agreement. Pursuant to Section 65868.5, no later than ten days after the City enters into this Agreement, the City Clerk shall record an executed copy of this Agreement in the Official Records of the County of Contra Costa.
This Agreement has been entered into by and between Developer and the City as of the Effective Date.
CITY:
City of Antioch, a municipal corporation
By:�
RoBernal,CityMager
APPROVED AS TO FORM:
ATTEST:
By:
u��J�u .. Ame !,imO°.se�, MMd, City Clerk
20 82595.000 I 0\32622514.6
DEVELOPER
Richland Planned Communities, Inc., a
California corporation
By:
John Troutman, Vice President
EPC HOLDINGS 820, LLC, a Washington
limited liability company
By:
John Troutman, Vice President
AMERICAN SUPERIOR LAND, LLC, a
Delaware limited liability company
By:
John Troutman, Vice President
APPROVED AS TO FORM:
B�,--;z�
Katherine J. Hart�� Use Counsel
C21
I 0.1 I Counter arts. This Agreement may be executed in any number or identical counterparts and each counterpart shall be deemed to be an original document. /\II executed counterparts together shall constitute one and the same document, and any counterpart signature pages may be detached and assembled to form a single original document. This Agreement may be executed hy signatures transmitted by facsimile, adobe acrobat or other electronic image files and these signatures shall be valid, binding and admissihle as though they were ink originals.
I 0.12 Rccordation of Development /\grcemcnt. Pursuant to Section 65868.5, no later than ten days after the City enters into this Agreement, the City Clerk shall record an executed copy of this Agreement in the Official Records ol' the County or Contra Costa. !'his /\gn:cmcnt has been entered into by and between Developer and the City as oC the Effective Date.
CITY:
City of Antioch, a municipal corporation
By: -·
Ron Bernal, City Manager
APPROVED /\S IO FORM:
By:
Thomas Lloyd Smith, City Attorney
/\TTl:ST:
By:
- - -
Arne Simonsen, MMC, City Clerk
82'i95 (;0010\.\2622,1� 6
20 l)F,VELOPF,R
l�ichland Planned Communities, Inc., a
California corporation
ny: '-.,.--,'-�_ -DL -·
John Trout111an1-_�iee Presiqcnt
LPC I IOLl)INGS 820, LLC, a Washington
limited liability company
l3y:
·-·
AMERICAN SUPERIOR 1,/\ND, L.LC. a
Delaware limited liability company
By:
John Troutman, Vice President
/\PPROVLD AS TO FORM:
C22
EXHIBIT B
ROADWAY AND CIRCULATION IMPROVEMENTS
In addition to those roadway and circulation improvements to be constructed and/or dedicated by Developer as conditions of the vesting tentative maps to be approved for the Project, Developer shall construct the following improvements:
• Developer shall construct, at Developer's cost, Sand Creek Road as a two-lane roadway (one lane in each direction) from Deer Valley Road easterly to Dozier Libbey Road along the ultimate alignment of Sand Creek Road. Construction of such two lanes shall be completed prior to issuance of the 42lnd residential building permit within the Project. Further, in the event that the interior two lanes of this segment of Sand Creek Road are added as a project to be funded through the East Contra Costa Regional Fee and Financing Authority ("ECCRF A") transportation development impact fee program (the "Fee Program"), and the ECCRF A Board designates the Sand Creek Road extension, including this segment, as the next priority project behind the James Dolan extension project to be funded through the Fee Program, or in the alternative if ECCRF A has funded all other projects in the Fee Program with funding priority over the Sand Creek extension prior to the issuance of the 600th building permit for the Project, Developer shall construct two additional lanes to complete Sand Creek between Deer Valley Road and Dozier Libbey Road as a complete four lane arterial to match with proposed improvements for Tentative Subdivision Map 9249. Developer shall acquire and pay for all necessary right of way for said improvements, provided that Section 3. 9 of this Agreement shall apply to such acquisition. As these improvements would provide benefit for other development projects in the area, City shall require that property owners that apply for future discretionary entitlements for property abutting this segment of Sand Creek Road, as a condition of approval for said discretionary entitlements, shall reimburse Developer for the cost of improvements abutting their property that the City would otherwise require to be constructed by the abutting property owner. Developer may also seek fee credits and/or reimbursement from ECCRF A for the construction of the interior two lanes of this segment, if it is added to the Fee Program. If required to be constructed pursuant to this paragraph, the exterior two lanes shall be completed and open to public use prior to the earlier of issuance of the 600th building permit for the Project or completion of Sand Creek Road as a four-lane arterial from Dozier Libbey Road to Highway 4.
• Developer shall construct, at Developer's cost, Sand Creek Road as a complete four-lane arterial from Deer Valley Road westerly to Dallas Ranch Road with two large radius roundabouts. Timing of construction of these improvements shall be as outlined in the Transportation Element of the Draft EIR prepared for the Project and location of the roundabouts shall be determined as part of the vesting tentative map approval for the Project.
These improvements are developer's financial responsibility. 2 82595.00010\32622514.6
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FISCAL IMPACT ANALYSIS
THE RANCH
at ANTIOCH
Prepared By:
4380 AUBURN BOULEVARD
SACRAMENTO, CALIFORNIA 95841
July 5, 2018
DRAFT
ATTACHMENT "D"
Table of Contents
I. Executive Summary ............................................................................................................................... 1 Introduction ......................................................................................................................................... 1 Project Overview ................................................................................................................................. 1 Fiscal Impact Analysis Summary ...................................................................................................... 1 II. Introduction ........................................................................................................................................... 2 Purpose of Report ............................................................................................................................... 2 Organization of Report ....................................................................................................................... 3 III. Project Description .............................................................................................................................. 3 Location, Land Uses, and Assumptions ........................................................................................... 3 IV. Methodology and Assumptions .......................................................................................................... 3 Scope and Methodology ..................................................................................................................... 3 General and/or Major Assumptions ................................................................................................. 3 V. Fiscal Impact Analysis .......................................................................................................................... 5 Revenues ............................................................................................................................................ 5 Case Study Method .................................................................................................................. 5 Multiplier Method .................................................................................................................... 7 Expenditures ...................................................................................................................................... 7 Multiplier Method .................................................................................................................... 7 VI. Conclusions ............................................................................................................. ............................ 7 Annual Net Fiscal Impacts at Buildout ................................................................................. 7 VII. Funding Sources to Mitigate Fiscal Deficits .................................................................................... 8 VIII. FIA Sources ....................................................................................................................................... 8
DRAFT
I. Executive Summary
Introduction
This report was prepared by Development Planning and Financing Group, Inc. (“DPFG”) on behalf of Richland Communities (“Developer”) in order to analyze the f iscal impacts of The Ranch at Antioch (“Project”), located in City of Antioch (“City”). This Fiscal Impact Analysis (“FIA”) is intended to estimate the demand that the Project will place on City services and provide an estimate of the revenues that will be generated by the Project to offset the increased demand on services.
This report evaluates the build-out of the Project plan area.
Project Overview
The Project consists of approximately 402 acres, approximately 253.5 acres planned for residential land uses, including 543 low dens ity detached residential units , 212 medium density residential units, 422 active adult residential units for a total of 1,177 residential units, and 5 acres of commercial zoned property. The Project also includes approximately 20 acres of parks, 3 acres of public/quasi public, 38 acres of right of way, and 82.5 acres of open space/landscape areas.
Additionally 149.5 acres of open space are outside of the designated development area limits and are assumed to be maintained by a separate agency. The Project site is bounded by single-family homes on the north within the Diablo West, Black Diamond Knolls , and Dallas Ranch subdivisions; the vacant Richfield and Leung parcels to the sou th; Deer Valley Road and Kaiser Permanente Medical Center to the east; and Empire Mine Road and the Higgins/Zeka parcel to the west. EBRPD lands are located directly to the northwest.
The Project is estimated to generate approximately 3,192 residents based on person per household factors found in Figure 1.
Fiscal Impact Analysis Summary
The FIA indicates that the Project, at buildout, is estimated t o generate positive fiscal impacts to the City’s General Fund.
The Project is estimated to generate a total of approximately $1.765 million in revenue for the City General Fund and special tax revenues at buildout, against $1.3 08 million in expenditures (i.e., costs) at buildout, resulting in a combined surplus of $456,556 annually.
Project specific maintenance costs are estimated to have an annual cost of $533,195. These costs are related to maintaining landscape medians, open space, and parks. It is assumed that a Project specific funding mechanism will be created or an existing mecha nism will be used to fund these Project specific maintenance obligations.
The Project is estimated to generate a total of $544,716 in CFD 2016-1 special tax revenue to fund City police services.
The reader should be aware that any FIA is only as accurate as the assumptions and methodologies used to calculate its results, and actual results will vary from these estimates as events and circumstances occur in a manner different than described in the FIA.
1 DRAFT
II. Introduction
Purpose of Report
Development Planning and Financing Group, Inc. was retained to prepare this report on behalf of the Developer for The Ranch at Antioch Plan Area. This report a nd the attached tables describe the methodology, assumptions, and results of the FIA. The Project is located in the City of Antioch within Contra Costa County.
The purpose of this report is to determine the applicable recurring revenue and expenditure impacts to the City General Fund and quantify the annual net fiscal impacts at buildout of the Project.
Product Units/SF
Residential
Active Adult
45x100 160 400,000$ 64,000,000$ 50x100 160 450,000 72,000,000 55x100 102 500,000 51,000,000 All Ages
Medium Density
40x100 112 425,000 47,600,000 45x100 100 450,000 45,000,000 Low Density ‐ 1 Executive
80x110 68 775,000 52,700,000 Low Density ‐ 2 Executive
70x110 65 725,000 47,125,000 Low Density ‐ 3 Conventional
45x100 140 575,000 80,500,000 50x100 135 625,000 84,375,000 55x100 135 675,000 91,125,000 Total Residential Land Uses 1,177 635,425,000 $ Nonresidential
Village Center Commercial 54,000 200 $ 10,800,000 Total Nonresidential Land Uses 54,000 10,800,000 $ Total Land Uses 646,225,000$
Source:
Product mix and pricing per Developer.
Estimated Market
Value Per Unit/SF Total Assessed Valuation
Table 1
The Ranch at Antioch
Land Use Summary
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Organization of Report
The report describes the Proj ect, methodology, and assumptions applied in the Project FIA, a description of the FIA components for calculating revenues and expenditures, and conclusions of the analysis of the Project at buildout.
III. Project Description
Location, Land Uses, and Assumptions
The Project consists of approximately 402 acres located within Contra Costa County, within the City of Antioch. The project site is bounded by single-family homes on the north within the Diablo West, Black Diamond Knolls, and Dallas Ranch subdivisions; the vacant Richfield and Leung parcels to the south; Deer Valley Road and Kaiser Permanente Me dical Center to the east; and Empire Mine Road and the Higgins/Zeka parcel to the west. EBRPD lands are located directly to the northwest.
Residential Development: The anticipated residential yield from the Project area is an additional 1,177 residential units of varying densities based on information provided by the Developer. The FIA includes an estimated price range for residential units between $400,000 and $775,000.
Non-residential Development: The Project is estimating to yield approximately 54,000 square feet of commercial uses. The FIA includes an estimated market value of $200 per square foot of nonresidential space.
IV. Methodology and Assumptions
Scope and Methodology
The methodology used to determine the recurring revenue and expenditure impacts to the City as a result of the Project was determined by applying two methodologies, the multiplier method and the case study method.
The multiplier method employs per capita factors based on the City’s fiscal year 2017-2018 budget and number of residents or persons served within the City. The multiplier method uses the current fiscal year budget or projected budget as a baseline to forecas t fiscal impacts. Revenue and expenditure funds that are impacted by residents use the City’s total population in determining the fund’s per capita factor. Revenue and expenditure funds that a re impacted by residents use the City’s total persons served in determining the fund’s per capita factor.
The case study method is used to estimate recurring revenue and expenditures when use of the multiplier method will not accurately quantify fiscal impacts. Case study methods were used where estimated revenues were more accurately estimated as a fu nction of tax rates, and/or estimated home prices.
General and/or Major Assumptions
An overview of the general assumptions utilized in the FIA is s ummarized in Figure 1 below. A more detailed summary of the assumptions used in the FIA can be found in Appendix A.
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Antimcipated Poject Build-Out
Active Adult
45x100 160 Units
50x100 160 Units
55x100 102 Units
All Ages
Medium Density
40x100 112 Units
45x100 100 Units
Low Density - 1 Executive
80x110 68 Units
Low Density - 2 Executive
70x110 65 Units
Low Density - 3 Conventional
45x100 140 Units
50x100 135 Units
55x100 135 Units
Total Project Residential 1177 Units
Nonresidential (Square Feet) 54,000
Initial Market Values
Active Adult
45x100 400,000$
50x100 450,000$
55x100 500,000$
All Ages
Medium Density
40x100 425,000 $
45x100 450,000 $
Low Density - 1 Executive
80x110 775,000 $
Low Density - 2 Executive
70x110 725,000 $
Low Density - 3 Conventional
45x100 575,000$
50x100 625,000$
55x100 675,000$
Figure 1
Development Data
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Buildout Focus
The fiscal impacts of the Project were analyzed based on the estimated revenues and expenditures of the Project at buildout.
V. Fiscal Impact Analysis
Revenue Methodology and Assumptions
This section of the Report describes the methodology used to fo recast the Project’s revenues at buildout. The calculations of estimated revenues used either a case-study methodology or a multiplier method (i.e., per capita or per persons served).
The case-study approach was used to estimate Property Taxes, Pr operty Tax In-Lieu of Vehicle License Fees, Property Transfer Taxes, Sales and Use Tax, and M easure C Sales Tax Revenues (see Table A.3, A.4).
The multiplier method was used to estimate Franchise Taxes, and Vehicle Code Fines (see Table
A.1).
Case Study Method
Property Taxes
At buildout, the Project, includ ing the residential and non-res idential components is estimated to have an assessed value of approximately $719.5 million dollars. Table A.7 shows the estimated allocation of tax revenue to each district, fund, and agency af ter funds have been diverted to the Property Tax Rate (Post ERAF)
City General Fund Share of 1% Tax Rate 7.4022%
Annual Turnover Rate
Residential 11.11%
Commerical Property 5.00%
City of Antioch Population 114,241
City of Antioch Employees 22,422
City of Antioch Persons Served (Population plus 50% of Employee s) 125,452 City of Antioch Occupied Households 34,867
Persons Per Household
Active Adult 1.80
All Ages 3.15
Fiscal Modeling
Population Data
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Education Revenue Augmentation Fund (“ERAF”). Following ERAF allocation, The City would receive 7.40217% of the total 1% p roperty tax revenue. Secured property tax revenue is derived from taxes on residential units and non-residential uses. Annual property tax revenues are summarized in Table A.3.
Property Tax In-Lieu of Vehicle License Fees
The calculation of Property Tax In-Lieu of Vehicle License Fees was a consequence of the passage of Proposition 1A in November of 2004. Revenue was calculated by taking the estimated percent change in assessed value that the Project would have on the City and applying that percent change on the revenue adopted in the FY 2017-18 Budget. Property Tax In-Lieu of Vehicle License Fees revenues are shown in Table A.3.
Property Transfer Tax
The City receives this tax at the time in which a new or existing property is sold and ownership is transferred. Property transfer tax is collected upon the sale of property at a rate of $1.10 per $1,000 of assessed valuation of which the City receives $0.55 per $1,000 of assessed valuation. The FIA calculates the property transfer tax by using an annual turnover rate of 11.11% (every 9 years) for single family residential units a nd 5% (every 20 years) for non residential uses. Annual property transfer tax revenues are shown in Table A.3.
Sales and Use Tax
Taxable sales generated by the Pr oject are calculated by examin ing the amount of taxable sales that will be generated by new residents of the project. The amount of sales and use tax generated by residents is determined through several steps. First, the e stimated household income for residents is determined. Second, the proportion of new residen ts’ household income that will be spent on taxable goods and services is determined. Third, a taxable sales capture rate is assumed, as only a portion of the total amount of taxable goods and serv ices generated by residents will occur in the City. Sales and Use Tax revenue is calculated at 1.00% of the estimated retail capture rate of sales within the City. Sales and Use Tax revenues are shown in Table A.4.
Measure C Sales Tax
Measure C was enacted by Antioch voters in November 2013. Collection of funds started April 1, 2014. The revenue is deposited in the City’s general fund. It is used for any legal municipal purpose including: police and emer gency response; code enforcem ent; local economic development and job creation; street repair; and any other City program and service. Measure C Sales Tax revenue is calculated at 0.50% of the estimated retail capture rate of sales (methodology described above in Sales and Use Tax section) within the City. Measure C Sales Tax revenues are shown in Table A.4.
CFD 2016-1 Special Tax Revenue
CFD 2016-1 is a Mello-Roos special tax that finances police ser vices and fire protection and suppression services of the City.
The CFD is authorized to fund police protection services, including cost of contracting, maintenance or upkeep of related facilities, equipment, vehicles, apparatus, and supplies, the salar ies and benefits of staff tha t directly provide police protection services, and overhead costs associated with providing such services within the CFD. For purposes of this analysis it is assumed the project would annex into the CFD 2016-1. CFD 2016-1 Special Tax revenues are detailed in Table A.5.
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Multiplier Method
All other revenue items not calculated in Table A.3, A.4, & A.5 are estimated to be generated on a per household or per person served basis at a rate calculated f rom the existing City budget. All revenues calculated using the multiplier method are shown in Table A.1.
Franchise Taxes
Revenue from Franchise Taxes is calculated on a per person served basis. See attached Table A.1 for further detail.
Vehicle Code Fines
Revenue from Vehicle Code Fines is calculated on a per person served basis. See attached Table A.1 for further detail.
Expenditures Methodology and Assumptions
This section of the Report describes the methodology used to forecast the Project’s expenditures (costs) at buildout. All expenditures are projected using a per-person-served basis.
Expenditure estimates are based on the City’s FY 2017-18 adopte d budget. The calculations of the General Fund expenditures and the estimating procedures use d to model future expenditures from the Project are shown in Table A.2.
Project related maintenance costs to maintain landscape medians , open space, and parks are anticipated to be funded by a new or existing funding mechanism (CFD, LLD, HOA, etc.).
Maintenance quantities are based upon the quantities outlined in the Development Standards and Design Guidelines. The Project engineers will need to coordinate with City staff to determine final maintenance quantities. At which time costs would be re-evaluated to determine that funding mechanisms properly cover project maintenance obligations. See attached Table A.8 for estimated maintenance quantities and costs.
Multiplier Method
Expenditure items were estimated on a per person served or per resident basis at a rate per capita consistent with the existing City budget. All expenditures calc ulated using the multiplier method are shown in Appendix A: Table 2.
VI. Conclusions
This section of the Report summarizes the Project’s annual fisc al impact at buildout on the City.
Table 2 provides a summary of the Project’s estimated revenue and expenditures projections.
Net Annual Fiscal Impacts at Buildout
The annual net fiscal impacts at buildout of the Project indica te an annual City General Fund surplus of $456,556.
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Project related maintenance costs are anticipated to cost $533, 195 annually. It is assumed that a project specific funding mechanism will be created or an existing mechanism will be used to fund these Project specific maintenance obligations.
The Project is estimated to generate a total of $544,716 in CFD 2016-1 special tax revenue to fund City police services.
VII. Funding Sources to Mitigate Potential Fiscal Deficits The results of the FIA estimates that the Project would have a fiscally positive impact on the City.
For purposes of this FIA the project is anticipated to annex into the City’s CFD 2016-1 or similar financing mechanism.
It is assumed that a project specific funding mechanism will be created or an existing mechanism will be used to fund Project specific maintenance obligations.
VIII. FIA Sources
Information used in preparing the FIA was obtained from the following sources: (1) City of Antioch FY 2017-18 Adopted Budget, (2) City of Antioch Comprehe nsive Annual Financial Report June 30, 2016., (3) California Department of Finance, (4 ) Contra Costa County Office of the Assessor (5) US Census Bureau 2013 Mobility Study.
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Estimating Service Revenue
Procedure Population/ Multiplier
Households [1]
City of Antioch
Estimated General Fund Revenues
Property Taxes ‐ Secured Case Study N/A ‐ $ 478,347$ Property Tax In Lieu of VLF Case Study N/A ‐ 322,237 Property Taxes ‐ Unsecured [2] N/A ‐ ‐
Property Taxes ‐ Other [2] N/A ‐ ‐
Other in Lieu Taxes [2] N/A ‐ ‐
Unitary Tax [2] N/A ‐ ‐
Fanchises ‐ Miscellaneous [2] N/A ‐ ‐
Franchise ‐ Gas Households 1,177 9.51 11,190 Franchise ‐ Electric Households 1,177 13.61 16,018 Franchise ‐ Cable TV Households 1,177 41.94 49,364 Franchise ‐ Refuse Collection Households 1,177 29.31 34,502 Business License Tax [2] N/A ‐ ‐
Business License Tax ‐ Rentals [2] N/A ‐ ‐ Business License Tax Penalty [2] N/A ‐ ‐
Business License Tax Application [2] N/A ‐ ‐ Contractors Business License [2] N/A ‐ ‐
Property Transfer Tax Case Study N/A ‐ 39,129 Sales & Use Tax Case Study N/A ‐ 178,742
Sales & Use Tax In Lieu Swap [2] N/A ‐ ‐
Sales Tax Measure C Case Study N/A ‐ 89,371 Sales & Use Tax P.S. Allocation [2] N/A ‐ ‐ Motor Vehicle In Lieu Fees [2] N/A ‐ ‐
Transient Occupancy Tax [2] N/A ‐ ‐
Licenses & Permits [2] N/A ‐ ‐
Vehicle Code Fines Persons Served 3,192 0.40 1,272 Non‐Traffic Fines [2] N/A ‐ ‐
Use of Money & Property [2] N/A ‐ ‐
Revenue From Other Agencies [2] N/A ‐ ‐
Service Charges [2] N/A ‐ ‐
Other Revenues [2] N/A ‐ ‐
Transfers In [2] N/A ‐ ‐
Subtotal Estimated General Fund Revenues 1,220,170$
Estimated General Fund Expenditures
Legislative & Administrative Residents 3,138 5.58 $ 17,525$ Finance Residents 3,138 0.20 632 Non‐Departmental Residents 3,138 2.02 6,339 Public Works Residents 3,138 49.19 154,373 Police Services Persons Served 3,192 245.50 783,630 Police Services ‐ Measure C Persons Served 3,192 61.12 195,095 Police Services ‐ Animal Support Persons Served 3,192 5.84 18,644 Recreation and Community Services Residents 3,138 9.92 31,144 Community Development Residents 3,138 27.10 85,040 Code Enforcement ‐ Measure C Residents 3,138 5.07 15,907 Subtotal Estimated General Fund Expenditures 1,308,329$ General Fund Surplus/(Deficit) (88,159)$
CFD Special Tax Revenue Table A.5 544,716$
Total Fiscal Surplus/(Deficit) 456,556$
Footnotes
[1] Persons served is all City residents plus 50% of City employees. See Appendix A.6. [2] This revenue/expense source is not expected to be affected by the Project and therefore is not evaluated in this analysis .
Estimated Fiscal Impact
Fiscal Impact Analysis
The Ranch at Antioch
Table 2
Annual
Revenue/Expenditures
at Buildout
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APPENDICES:
Appendix A: General Fund Revenues (Table A.1)
General Fund Expenditures (Table A.2)
Case Study Analyses (Table A.3)
Case Study Analyses (Table A.4)
CFD 2016-1 Special Tax Revenue (Table A.5)
General Assumptions (Table A.6)
Property Tax Allocation (Table A.7)
Maintenance Summary (Table A.8)
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Table A.1
The Ranch at Antioch
Fiscal Impact Analysis
Fund Revenues
FY 2017‐18 Service
Estimating Case Study Adopted Population/ Revenue
Procedure Reference Revenues Households [1] Multiplier
General Fund Revenues
Property Taxes ‐ Secured Case Stud
y Table A.3 9,896,311$ N/A ‐ $
Property Tax In Lieu of VLF Case Study Table A.3 7,492,400 N/A ‐ Property Taxes ‐ Unsecured [2] ‐ 290,000 N/A ‐ Property Taxes ‐ Other [2] ‐ 400,000 N/A ‐ Other in Lieu Taxes [2] ‐ 400 N/A ‐ Unitary Tax [2] ‐ 514,000 N/A ‐
Fanchises ‐ Miscellaneous [2] ‐ 8,510 N/A ‐ Franchise ‐ Gas Households ‐ 331,480 34,867 9.51 Franchise ‐ Electric Households ‐ 474,500 34,867 13.61 Franchise ‐ Cable TV Households ‐ 1,462,330 34,867 41.94 Franchise ‐ Refuse Collection Households ‐ 1,022,070 34,867 29.31 Business License Tax [2] ‐ 1,400,000 N/A ‐ Business License Tax ‐ Rentals [2] ‐ 2,200,000 N/A ‐ Business License Tax Penalty [2] ‐ 20,000 N/A ‐ Business License Tax Application [2] ‐ 24,000 N/A ‐ Contractors Business License [2] ‐ 10,000 N/A ‐ Property Transfer Tax Case Study Table A.3 360,000 N/A ‐ Sales & Use Tax Case Study Table A.4 12,434,000 N/A ‐ Sales & Use Tax In Lieu Swap [2] ‐ ‐ N/A ‐ Sales Tax Measure C Case Study Table A.4 6,756,900 N/A ‐ Sales & Use Tax P.S. Allocation [2] ‐ 559,550 N/A ‐ Motor Vehicle In Lieu Fees [2] ‐ 45,000 N/A ‐ Transient Occupancy Tax [2] ‐ 90,000 N/A ‐ Licenses & Permits [2] ‐ 1,210,000 N/A ‐
Vehicle Code Fines Persons Served ‐ 50,000 125,452 0.40 Non‐Traffic Fines [2] ‐ 8,000 N/A ‐ Use of Money & Property [2] ‐ 575,000 N/A ‐ Revenue From Other Agencies [2] ‐ 1,012,631 N/A ‐ Service Charges [2] ‐ 1,522,406 N/A ‐
Other Revenues [2] ‐ 1,271,040 N/A ‐
Transfers In [2] ‐ 2,970,972 N/A ‐
Total General Fund Revenues 54,411,500$
Source: City of Antioch 2017‐2018 Budget
Notes:
[1] See Table A.6.
[2] This revenue source is not expected to be affected by the Project and therefore is not evaluated in this analysis .
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Table A.2
The Ranch at Antioch
Fiscal Impact Analysis
Fund Expenditures
Estimating Procedure 2017/2018 Budget
Service
Population (*)
Avg. Cost Per
Person Served
Adjustment
Factor [1]
Expenditure Per
Person
General Fund Expenditures
Legislative & Administrative Residents 1,276,03
8$ 114,241 11.17$ 50% 5.58$
Finance Residents 45,997 114,241 0.40 50% 0.20 Non‐Departmental Residents 461,538 114,241 4.04 50% 2.02 Public Works Residents 7,493,413 114,241 65.59 75% 49.19 Police Services Persons Served 30,798,234 125,452 245.5 0 100% 245.50 Police Services ‐ Measure C Persons Served 7,667,623 125,452 61.12 100% 61.12 Police Services ‐ Animal Support Persons Served 732,753 125,452 5.84 100% 5.84 Recreation and Community Services Residents 1,133,817 114,241 9.92 100% 9.92 Community Development Residents 4,127,909 114,241 36.13 75% 27.10 Code Enforcement ‐ Measure C Residents 579,115 114,241 5.07 100% 5.07 Subtotal General Fund Expenditures 54,316,437$ 411.55$ Source: City of Antioch 2017‐2018 Budget
(*) Also see Table A.6.
Notes:
[1] Percentage of budget that is expected to grow proportionately with new development.
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Table A.3
The Ranch at Antioch
Fiscal Impact Analysis
Case Study Analyses
Land Use Assumption and Estimated Valuation
Build Out Price Total
Lot Size Units/SF [1] Per Unit/SF [2] Valuation
Active Adult
45x100 160 400,000$ 64,000,000$
50x100 160 450,000 72,000,000
55x100 102 500,000 51,000,000
All Ages
Medium Density
40x100 112 425,000 47,600,000
45x100 100 450,000 45,000,000
Low Density ‐ 1 Executive
80x110 68 775,000 52,700,000
Low Density ‐ 2 Executive
70x110 65 725,000 47,125,000
Low Density ‐ 3 Conventional
45x100 140 575,000 80,500,000
50x100 135 625,000 84,375,000
55x100 135 675,000 91,125,000
Total Residential 1,177 635,425,000$
Nonresidential
Village Center Commercial 54,000 200$ 10,800,000$ Total Nonresidential 54,000 10,800,000$
Total Residential & Nonresidential Valuation 646,225,000$ A. Estimated Annual Property Tax Case Study
Basic Rate 1.00%
Total Residential Secured Property Ta
x 6,462,250$
Percent Allocated to City [3] 7.40217%
Annual Property Tax Allocated to City General Fund 478,347 $
B. Estimated Property Transfer Tax Case Study
Turnover Rate
Residential Property [4] 11.11%
Commerical Property 5.00%
Residential Property Total Valuation 635,425,000 $
Commercial Property Total Valuation 10,800,000
Annual Estimated Assessed Turnover Valuation 71,142,778 $ Rate per $1,000 of Assessed Value ($0.55) 0.055%
Total Estimated Property Transfer Tax 39,129$
C. Estimated Property Tax in Lieu of VLF Case Study
FY 2017‐18 City of Antioch Assessed Valuation [6] 10,064,469,581 $ Assessed Value of Project 646,225,000
Total Assessed Value 10,710,694,581$
Percent Change in Assessed Value 6.42%
Total FY 2017‐18 Property Tax in Lieu of VLF Adopted Revenue [7] 5,018,600 Estimated Increase in Property Tax in Lieu of VLF 322,237$ Notes:
[2] Estimated home values provided by Developer.
[3] See Table A.7.
[4] US Census Bureau 2013 Mobility Study. Assumes a person moves every 9 years. [7] City of Antioch FY 2017‐2018 Adopted Budget.
[1] Provided by Developer.
[6] Total FY 2017‐18 secured and unsecured value for City of Antioch per Contra Costa County Office of the Assessor Annual Prepared by DPFG 7/5/2018
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Table A.4
The Ranch at Antioch
Fiscal Impact Analysi
s
Case Study Analyses
Average Income and Taxable Expenditures for Residential Units Residential Land Use Avg Home Value [1]
Active Adult
45x100 400,000$ 31,023$ 103,409$ 50x100 450,00 0 34,901 116,335 55x100 500,000 38,778 129,261 All Ages
Medium Density
40x100 425,000 32,962 109,872 45x100 450,000 34,901 116,335 Low Density ‐ 1 Executive
80x110 775,000 60,107 200,355 Low Density ‐ 2 Executive
70x110 725,000 56,229 187,429 Low Density ‐ 3 Conventional
45x100 575,00 0 44,595 148,651 50x100 625,000 48,473 161,577 55x100 675,00 0 52,351 174,503 Average Taxable Expenditures [4]
Active Adult
45x100 23.8% 24,611$
50x100 23.8% 27,688
55x100 23.8% 30,76 4
All Ages
Medium Density
40x100 23.8% 26,150
45x100 23.8% 27,68 8
Low Density ‐ 1 Executive
80x110 23.8% 47,685
Low Density ‐ 2 Executive
70x110 23.8% 44,608
Low Density ‐ 3 Conventional
45x100 23.8% 35,379
50x100 23.8% 38,455
55x100 23.8% 41,532
Total Taxable Expenditures Units Taxable Expenditures
Active Adult
45x100 160 3,937,820$
50x100 160 4,430,04 7
55x100 102 3,137,95 0
All Ages
Medium Density
40x100 112 2,928,753
45x100 100 2,768,78 0
Low Density ‐ 1 Executive
80x110 68 3,242,549
Low Density ‐ 2 Executive
70x110 65 2,899,527
Low Density ‐ 3 Conventional
45x100 140 4,953,03 9
50x100 135 5,191,46 2
55x100 135 5,606,77 9
Total Taxable Expenditures 1177 39,096,70 6
Taxable Sales from New Households
Est. Taxable Capture Rate within City of Antioch [5] 25% Total Taxable Sales from New Households 9,774,176$
Taxable Sales from New Retail
Village Center Commercial 54,000
Est. Taxable Sales per Sq. Ft 150$
Total Taxable sales from New Retail 8,100,000$
Estimated Sales Tax Revenue
Sales and Use Tax 1.00% 178,742$
Measure C 0.50% 89,371$
Notes:
[1] Estimated home values provided by Developer.
[2] Based on a 6%, 30‐year fixed rate mortgage with a 20% down payment and 2% for annual taxes and insurance [6] Measure C expires in 2021.
Household Income and Taxable Expenditures
Average Taxable Expenditures
Taxable Exp. As % of
Income
Percentage of Annual
Taxable Sales
[4] Average taxable expenditures per household used to estimate annual sales tax revenue. Based upon CA State Board of Equalization August 2010 report.
[3] Assumes mortgage lending guidelines allow no more than 30% of income dedicated to mortgage payments, taxes, and insurance.
Total Annual Mortgage,
Ins., & Tax Payments [2] Estimated Household Income [3] [5] 25% was used to estimate taxable capture rate within the City of Antioch.
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Table A.5
The Ranch at Antioch
Fiscal Impact Analysis
Police Services Special Tax Revenue
Fiscal Year 2017‐18 Special Tax [1]
Single Family 462.80$
Lot Size Units
Special Tax
Revenue
Active Adult
45x100 160 74,048$
50x100 160 74,048
55x100 102 47,206
All Ages
Medium Density
40x100 112 51,834
45x100 100 46,280
Low Density ‐ 1 Executive
80x110 68 31,470
Low Density ‐ 2 Executive
70x110 65 30,082
Low Density ‐ 3 Conventional
45x100 140 64,792
50x100 135 62,478
55x100 135 62,478
Police Services Special Tax Revenue 1177 a 544,716$
Notes:
[2] The CFD is authorized to fund police protection services, including cost of contracting, maintenance or upkeep of related facilities, equipment, vehicles, apparatus, and supplies, the salaries and benefits of staff that directly provide police protection services, and overhead costs associated with providing such services within the CFD. [1] The CFD No. 2016‐1 special tax rate for FY 2017‐18 is estimated at $462.80 assuming maximum 4% increase per the RMA.
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Table A.6
The Ranch at Antioch
Fiscal Impact Analysis
General Assumptions
General Assumptions Assumption
Base Fiscal Year [1] FY 2017‐18
Property Turnover Rate (% per year)
Residential [2] 11.11%
Commerical Property 5.00%
Units Total Persons
Active Adult
45x100 1.80 160 288 50x100 1.80 160 288 55x100 1.80 102 184 All Ages
Medium Density
40x100 3.15 112 353 45x100 3.15 100 315 Low Density ‐ 1 Executive
80x110 3.15 68 214 Low Density ‐ 2 Executive
70x110 3.15 65 205 Low Density ‐ 3 Conventional
45x100 3.15 140 441 50x100 3.15 135 425 55x100 3.15 135 425 Total Residential Persons Served 1,177 3,138 Persons per Nonresidential SF SF/Employee [4] SF Employees Village Center Commercial 500 54,000 108 Total Employees 500 54,000 108 Total Residential/Nonresidential Persons Served (50% of employees) 3,192 General Demographic Characteristics
Total Citywide
City of Antioch Population [4] 114,241
City of Antioch Employees [5] 22,422
City of Antioch Persons Served (Population plus 50% of Employees) 125,452 City of Antioch Occupied Households [6] 34,867
Source: California Department of Finance
Notes:
[5] City of Antioch Comprehensive Annual Financial Report June 30, 2016. [1] Reflects 2017‐2018 City of Antioch Budget. This analysis does not reflect changes in values resulting from inflation or appreciation.
Persons per
Dwelling Unit [3]
[2] US Census Bureau 2013 Mobility Study.
[4] State of California, Department of Finance, E‐1 Population Estimates for Cities, Counties and the State with Annual Percent Change — January 1, 2016 and 2017. Sacramento, California, May 2017. [6] State of California, Department of Finance, E‐5 Population and Housing Estimates for Cities, Counties and the State — January 1, 2011‐ 2017. Sacramento, California, May 2017. [2] Per the Ranch Draft EIR.
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Table A.7
The Ranch at Antioch
Property Tax Allocation Assumptions (FY 2017/2018)
TRA: 01‐132 Post
Property Tax Fund ERAF %
COUNTY GENERAL 11.92761%
COUNTY LIBRARY 2.00766%
CONTRA COSTA FIRE 9.55910%
CC FLOOD CONTROL 0.23555%
FLOOD CONTROL Z‐1 2.23892%
CO WATER AGENCY 0.04801%
CC RES CONSV 0.02180%
CO CO MOSQUITO ABA 0.20974%
CONTRA COSTA WATER 0.64196%
BART 0.84959%
BAY AREA AIR MANAGEMENT 0.24758%
EAST BAY REGNL PARK 4.03910%
CITY OF ANTIOCH 7.40217%
CO SUPT SCHOOLS 2.43525%
K‐12 SCHOOLS ERAF 14.54549%
ANTIOCH UNIFIED 35.23389%
CO CO COMM COLLEGE 6.19079%
COMM COLLEGE ERAF 2.16579%
Subtotal 1.0000000
Total to City of Antioch 7.40217%
Footnotes:
Source: Contra Costa County Auditor‐Controller’s Office [1] The reallocation of property taxes away from counties, cities, and other agencies to the Education Revenue Augmentation Fund (ERAF) is based on certain formulas; the allocation in this column reflects the net allocation to the General Fund after the ERAF allocation has been applied.
Prepared by DPFG
7/5/2018
17 DRAFT
Table A.8
The Ranch at Antioch
Development Maintenance Areas
Unit Quantitiy Unit Price [1] Annual
Maintenace Cost
Maintained Areas
Parks & Linear Parks AC 20.0 $11,300 $226,000
Landscaping AC 2.5 $12,500 $31,250
Open Space AC 249.5 $780 $194,610
Sand Creek Road ‐ Lighting & Landscaping TBD
Detention Basins TBD
$451,860
Contingency and Administration Costs
County Admin (1%) $4,519
Contingency and Repair/Replacement (10%) $45,186
Parks Department (5%) $22,593
Administration (3%) $13,556
Subtotal Contingency and Admin Costs $81,335
Subtotal Annual Maintenance $451,860
Subtotal Contingency and Admin Costs $81,335
Total Annual Maintenance Costs $533,195
Per Unit Annual Maintenance Costs $453.01
[1] Source: Unit pricing estimates from DPFG.
Maintenance Item
Total Maintetcne Costs
Total Project Annual Maintenance Cost Summary
Footnotes:
18 DRAFT
5-1
A genda Item #
CITY OF ANTIOCH
PLANNING COMMISSION
REGULAR MEETING
R
egular Meeting May 7, 2025
6:30 p.m. City Council Chambers
1. CAL
L TO ORDER
C
hairperson Riley called the meeting to order at 6:30 P.M. on Wednesday, May 7 , 2025, in Council Chambers.
2. RO
LL CALL
P
resent: Commissioners Jones, Martin, Vice Chairperson Webber and Chairperson Riley
Absent: Commissioners Suman and Perez
S
taff: Planning Manager, Zoe Merideth
Senior Planner, Kevin Scudero
Contract Planner, Kevin Valente
Contract Engineer, Kevin Van Katwyk
Minutes Clerk, Kitty Eiden
3. P
LEDGE OF ALLEGIANCE
C
hairperson Riley led the Pledge of Allegiance.
4. P
UBLIC COMMENT – None
5. CO
NSENT CALENDAR
5 -1 Planning Commission Meeting Minutes April 16, 2025 A
motion made by Commissioner Jones, seconded by Commissioner Martin to approve Item 5-1 failed by the following vote:
A
YES: Jones, Martin, Riley
NOES: None
ABSTAIN: Webber
ABSENT: Suman, Perez
S
enior Planner Scudero explained that members who were not in attendance at the meeting could still vote to approve the minutes.
A
vote taken on the previous motion carried the following vote:
A
YES: Jones, Martin, Webber, Riley
ATTACHMENT "E"
PLANNING COMMISSION
Regular Meeting
May 7, 2025 Page 2 of 7
NOES: None
ABSTAIN: None
ABSENT: Suman, Perez
Acting Director of Community Development Scudero announced that the applicant for Public Hearing Item 6-1 was not present at this time and suggested the Planning Commission consider changing the order of the Public Hearings.
On motion by Commissioner Jones , seconded by Commissioner Martin the Planning Commission members present moved Public Hearing Item 6-2 to be heard prior to Public Hearing Item 6-1. The motion carried the following vote:
AYES: Jones, Martin, Webber, Riley
NOES: None
ABSTAIN: None
ABSENT: Suman, Perez
6. NEW PUBLIC HEARING
6-2. Jessica Court Multi -family Project | DR2023- 0005 | East of the Oakley Road and Phillips Lane Intersection: The applicant, Shoonya, LLC, is requesting approval of a Tentative Tract Map, Design Review, Variance and a Tree Removal Permit for an 82-unit multi-family project.
Contract Planner Valente presented the staff report dated May 7, 2025, recommending the Planning Commission adopt the resolution recommending City Council approval of a Tentative Tract Map, Design Review, Variance and Tree Removal Permit for the development of the Jessica Court Multifamily Project.
Lance Crannell, Principal Architect, thanked staff for the comprehensive staff report and stated they were available to answer any questions this evening.
Chairperson Riley opened the public comment period.
Michael Harguth, Antioch resident, stated he was opposed to another high-density project in the area.
Chairperson Riley closed the public comment period.
In response to Commissioner Martin, Senior Planner Scudero explained that the applicant would either build the project as a rental or a condominium project. He noted there was a provision in the municipal code that if the project were built as a rental pr oject and later converted, it would need to come back for those approvals. He confirmed that forming a homeowners' association (HOA) was common for condominium complexes to provide funding and management of services.
PLANNING COMMISSION
Regular Meeting
May 7, 2025 Page 3 of 7
Planning Manager Merideth explained the Jessica Court right of way was absorbed into the project so the address would most likely be Oakley Road.
C
ommissioner Martin recommended that the developer inform tenants or owners about the PG&E easement. He also voiced concern that the queuing area for the gate would only hold a single vehicle and asked for clarification regarding the mailbox facilities.
M
r. Crannell explained that there are two mailbox facilities: one for letters and a mailroom for parcels. He noted that the security gate would be access -controlled to minimize queuing and that, if traffic issues arose, they would collaborate with the City Engineer to address them. He also stated that all units were expected to be market rate.
I
n response to Commissioner Martin, the project engineer pointed out the bioretention basins in the project.
D
iscussion ensued regarding the necessity to remov e the heritage tree and the impact of retaining it.
I
n response to Chairperson Webber, Mr. Crannell explained that trash service would occur at least twice a week, with increased frequency during holidays, to prevent any buildup of trash in the dumpster areas.
A
cting Planning Manager Merideth confirmed that the applicant is meeting the established parking standards, complying with the tree removal requirements, and providing the necessary replacement trees in accordance with the Antioch Municipal Code (AMC).
I
n response to Commissioner Jones, Senior Planner Scudero stated that the decision between condominium and rental units would be made later and was not within the Planning Commission’s discretion as their focus was on the design review of the multi-family project.
P
lanning Manager Merideth explained that there was a small portion of property along the frontage owned by the HOA for the development to the north.
I
n response to Chairperson Riley, the applicant agreed to replace the Coast Live Oak tree with a native 36-inch box tree near the community center.
A
motion was made by Commissioner Jones to adopt the resolution of the Planning Commission of the City of Antioch forwarding a recommendation to the City Council to adopt the proposed tentative tract map, design review, variance, and tree removal permit for the development of the Jessica Court multifamily project.
C
ommissioner Martin requested that the motion include recommendations concerning the native trees and the notification to owners or tenants about the PG&E easement.
C
ommissioner Jones withdrew her motion.
PLANNING COMMISSION
Regular Meeting
May 7, 2025 Page 4 of 7
On motion by Commissioner Martin, seconded by Commissioner Jones the Planning Commission members present unanimously a dopted the resolution of the Planning Commission of the City of Antioch forwarding a recommendation to the City Council to adopt the proposed Tentative Tract Map, Design Review, Variance, and T ree Removal Permit for the development of the Jessica Court multifamily project (DR2023- 0005), (VAR2025-0001) with the following recommendations:
That the applicant us e native plants and large native trees as part of the tree removal process
That the applicant notify property owners/tenants of the PG&E easement within the property
The motion carried the following vote:
AYES: Jones, Martin, Webber, Riley
NOES: None
ABSTAIN: None
ABSENT: Suman, Perez
6-1.
The Ranch Phase II | PD2023- 0003 | Deer Valley Rd/Mammoth Way: The applicant, Richland Planned Communities, Inc. is requesting approval of the Vesting Tentative Subdivision Map to subdivide the Phase II area into 213 Low -Density-Conventional residential lots, a Use Permit to allow the development of the proposed uses and Design Review for the project landscaping.
Contract Planner Valente presented the staff report dated May 7, 2025, recommending the Planning Commission adopt the resolution recommending City Council approval of a Tentative Subdivision Map, Use Permit, and Design Review for the development of the Phase II area of The Ranch Project site.
Kyle Masters, Applicant, thanked staff for the comprehensive staff report. He gave a history of the project and reviewed the Phase II Tentative Subdivision Map, open space and trails.
Chairperson Riley opened the public comment period.
Judy Bresciani, Antioch resident, expressed concerns about her property sharing a fence line with the new development, noting that there was an easement behind her house. She suggested that a walkway between the fence lines would help address her concerns related to aesthetics, privacy, and property rights. She also pointed out that the current design with shared fencing could negatively impact her property values and might pose a risk of damage to her pool during construction.
Chairperson Riley closed the public comment period.
Mr. Masters explained that if any neighbors wish to have their fences replaced, they will replace them with a good neighbor’s fence. He also noted that if there is a special fence or attachments
PLANNING COMMISSION
Regular Meeting
May 7, 2025 Page 5 of 7
to the existing fencing, they would install their fence back-to-back. Additionally, he reported that any space left between fences would not be maintained, potentially leading to blight, but they had designed the setbacks with extra depth to address the separation issue.
S
enior Planner Scudero added that the General Plan was adopted in 2003 and designated this property for residential development. He stated that it is standard practice for developments to share good neighbor fences.
M
r. Masters stated they would do their best to be good neighbors and encouraged homeowners to take photos and document any issues.
C
hairperson Riley stated that he understood the residents’ concerns; however, he had observed walkways behind residences that were not maintained. He noted that the generous setback would help address and mitigate the concerns of the existing residents.
I
n response to Commissioner Martin, Mr. Masters stated that he believed development would proceed in Phase 1 over the next 2 to 3 years; however, a builder might also want to begin development in Phase 2 during that period. He noted that construction could potentially start by the end of this year, but it was more likely to begin in the spring of 2026. He clarified that Phases 1 and 2 were not designed to be gated communities, although some projects in Phase 3 may include gates. Additionally, he pointed out the bioretention basins incorporated into the project.
C
ommissioner Martin agreed that a walkway behind the project would be very difficult to maintain and was not a viable solution.
C
ommissioner Jones thanked the applicant for the presentation and acknowledged her understanding of the neighbors’ concerns; however, she stated that a walkway in the area would not effectively address those concerns.
F
or the record, the applicant stated that typically the fence would be placed on the property line, and they would replace the existing homeowner’s fences. He noted that they would request right- of-entry from the neighbors and discuss whether the neighbors wanted their fences replaced.
For those who decline, the applicant indicated they would install their fence sandwiched between the existing fence and the new one.
A
cting Director of Community Development Scudero clarified the action before the Planning Commission this evening was to confirm that the applicant was implementing the plan that Council had approved in 2020.
M
r. Masters reported that they had presented the park and landscaping plan to the Parks and Recreation Commission, who were very supportive.
I
n response to Commissioner Jones, Mr. Masters reviewed the landscape plan, trail phasing plan and respite areas.
PLANNING COMMISSION
Regular Meeting
May 7, 2025 Page 6 of 7
On motion by Commissioner Martin , seconded by Commissioner Webber the Planning Commission members present unanimously adopted the resolution of the Planning Commission of the City of Antioch forwarding a recommendation to the City Council to adopt the proposed Vesting Tentative Subdivision Map, Use Permit, and Design Review for the development of the Ranch Phase II Project (PD-2023-0003, UP2025-0007, DR 2025- 0017). The motion carried the following vote:
A
YES: Jones, Martin, Webber, Riley
NOES: None
ABSTAIN: None
ABSENT: Suman, Perez
7. RE
GULAR ITEM/NEW ITEM
7-1 E
lection Of Chair And Vice Chair
O
n motion by Commissioner Martin , seconded by Commissioner Jones the Planning Commission members present unanimously appointed Commissioner Webber as Chair and Commissioner Jones as Vice Chair of the Planning Commission. The motion carried the following vote:
A
YES: Jones, Martin, Webber, Riley
NOES: None
ABSTAIN: None
ABSENT: Suman, Perez
8. O
RAL/WRITTEN COMMUNICATIONS
A
cting Planning Manager Merideth announced Commissioner Suman was appointed on April 22, 2025, and the application period for the remaining vacancy closed on April 25, 2025.
9. C
OMMITTEE REPORTS
C
ommissioner Jones announced that TRANSPLAN would be meeting on May 8, 2025, and if Commissioners had any questions, they could let her know via email and she would follow up with the Committee.
I
n response to Commissioner Webber, Planning Manager Merideth explained that Mayor Bernal was in communication with TRANSPLAN to determine the process for appointing an alternate to that committee.
10. N
EXT MEETING: May 21, 2025
P
lanning Manager Merideth announced the May 21, 2025; Planning Commission meeting would include a review of the Capital Improvement Program (CIP).
PLANNING COMMISSION
Regular Meeting
May 7, 2025 Page 7 of 7
11. ADJOURNMENT
On m
otion by Commissioner Martin, seconded by Commissioner Jones, the Planning Commission members present unanimously adjourned the meeting at 8: 09 P.M. The motion carried the following vote:
AYES: J
ones, Martin, Webber, Riley
NOES: None
ABSTAIN: None
ABSENT: Suman, Perez
Respectfully submitted:
Kitty Eiden
KITTY EIDEN, Minutes Clerk
To the City of Antioch re: The Ranch Project. Phase II
I have some concerns about the Ranch project, phase II.
My home is in the 2400 block of Mammoth Way, it is my
understanding from Kyle Masters, from the Ranch development that our houses will share a “neighbor fence” with the new property owners. He stated that “the Ranch” would work with the Mammoth property owners and decide whether the Ranch will re-build our fences, or leave our original fences in place. Is it possible to have that in writing? I am worried that aesthetically, problems could arise.
Also, has the City investigated the property lines? Independent of the developer? At the time we purchased our home, we were told the space between our back fence and the barbed wire cow fence was an easement(?) owned by the city. Is this correct? If so, are the builders being allowed to build on this piece of land?
The information we’ve received on this project is not consistent. At the last developer meeting, we were told that was a final vote that needed to happen at the city council meeting, when I went to the city hall, Kevin Scudero said that the final vote had already taken place.
Legally, what are the rules that must be followed for public in-put? It is our hope that the City of Antioch will allow us, the people most affected by this project to understand what is taking place.
T
hank you,
ATTACHMENT "F"
Arnita Dobbins, 2400 Block, Mammoth way-
From: Shawn P
To: Kevin Scudero
Subject: Public Comment & Information Request – The Ranch Project Phase II (Planning Commission Hearing May 7, 2025)
Date: Wednesday, April 30, 2025 2:06:34 PM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Dear Kevin,
I am a concerned resident of Antioch writing to formally request clarification and raise questions regarding The Ranch Project – Phase II, which is scheduled for public hearing on May 7, 2025. After reviewing the public notice, I find several areas where the information appears vague or incomplete, and I respectfully ask that these issues be addressed before any approvals are granted.
1. Low-Density Conventional Residential Lots
What is the specific density range for the proposed 213 “Low-Density Conventional (LD-C)” lots (e.g., number of units per acre)? What are the average and minimum lot sizes?
Under which zoning classification or municipal code section is “LD-C” defined?
Are these intended as detached single-family homes? If so, what design standards or restrictions apply?
2. Project Phasing and Future Development
Will there be additional rezoning requests, changes in density, or future development phases beyond what is publicly disclosed?
Are there any master plans tied to this project that extend beyond Phase II?
3. Community Impact and Developer Contributions
What community benefit agreements, developer impact fees, or service contributions have been negotiated as part of this project? How will this development impact schools, traffic, police/fire services, and public infrastructure?
Has the Antioch Unified School District been consulted?
4. Environmental Review
Is the City relying solely on the 2020 Environmental Impact Report (EIR)? Has there been any supplemental environmental analysis specific to Phase II?
How will this project impact natural habitats, wildlife corridors, or flood/fire zones?
5. Affordable and Age-Restricted Housing
Will any of the 213 units be designated as affordable housing, workforce housing, or senior housing?
6. Public Access and Maintenance
Who will be responsible for maintaining the proposed open space, parks, and infrastructure? HOA, city, or another entity?
What long-term oversight or guarantees are in place to ensure public access and upkeep?
7. Emergency Services and Safety
Have the Antioch Police Department, Fire Department, and local hospitals reviewed this project’s impact on response times and service capacity? If so, please make their evaluations available to the public.
8. Transparency and Public Participation
Why were more specific details (e.g., maps, lot sizes, traffic study results) not included in the public notice?
Will there be additional public hearings or opportunities for residents to provide input after May 7?
9. Mammoth Way Border Alignment and Wall Installation
How will the new development align with existing properties on Mammoth Way?
Early plans appeared to include a green space or landscaped divider and fencing between the existing neighborhood and the new development.
That has apparently changed to a solid wall with removal of existing fences. If true, this raises serious concerns about aesthetics, privacy and property rights for current homeowners.
Has the city or developer engaged with affected property owners on Mammoth Way about this change?
I am concerned about the long-term implications of this project and respectfully request that the Commission provide full transparency before moving forward.
Thank you in advance
Sincerely,
Shawn Pickett
From: Thomas Bresciani
To: Planning Division
Subject: The Ranch project
Date: Tuesday, May 6, 2025 6:32:29 PM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
As a family living on Mammoth Way we have concerns that the Ranch project will have a major impact on us and the community.
We have an easement behind our house that was to be used as an emergency access for the city and county. In the first proposal by Richland it had provided a walkway, a buffer zone between the new construction and Mammoth Way homeowners. I’m concerned that Richland builders has abandoned their plans for a green space/walkway. If this is true, it raises serious concerns as to aesthetics, privacy and property rights for the current homeowners.
A shared fence will surely create problems between the new homeowner’s and the existing homeowners! Will there be any additional rezoning that will further impact the existing homeowners? How will the new development align with the existing properties on Mammoth Way. This is a major concern if a shared fence is to be built!
A green space/ walkway would alleviate these concerns!
Other concerns are how this development will affect/impact schools, traffic, police/fire services and public infrastructure!
How will this project impact natural habitats, wildlife and flood/fire zones? This proposal from Richland seems incomplete and needs to be updated and address the concerns of the public! I am concerned about the long term implications of this project and respectfully request that the Commission provide full transparency before moving forward.
Thank you
Sincerely Thomas Bresciani
Sent from my iPad
Agenda I tem #
STAFF REPORT TO THE CITY COUNCIL
DATE
: Regular Meeting of June 10, 2025
TO: H
onorable Mayor and Members of the City Council
SUBM
ITTED BY: Kevin Valente, Contract Planner, Raney Planning & Management, Inc.
APPR
OVED BY: David A. Storer, AICP, Interim Community Development Director SUBJE
CT: Jessica Court Multifamily Project (DR2023-0005)
RECOMMENDED ACTION
It is recommended that the City Council a dopt a r esolution approving a Tentative Subdivision Map, Design Review, Variance, and Tree Removal Permit.
FI
SCAL IMPACT
The proposed Jessica Court Multifamily Project would be fully funded by the project applicant. In addition, the project applicant is required to participate in a Community Facilities District (CFD) for fire, police, and public services.
DISC
USSION
Project Overview and Requested Approvals
The applicant, Krishna Uppugunduri, with Shoonya LLC, is seeking approval of a Tentative Subdivision Map, Design Review, Variance and Tree Removal for the Jessica Court Multifamily Project (proposed project). Necessary entitlements from the City of Antioch include the following:
1. Tent
ative Subdivision Map. The proposed project requires approval of a Tentative Subdivision Map to allow potential future sales of 82 residential units.
2. Des
ign Review . The proposed project requires Design Review approval of the project’s architecture, design, and landscaping.
3. Var
iance. The proposed project requires a variance to allow a proposed six -foot- tall metal fence and a proposed six-foot-tall wooden fence with 12 inches of lattice at top within the minimum setbacks.
4. Tr
ee Removal Permit . The proposed project requires a tree removal permit to remove an existing 20-inch diameter at breast height (DBH) Coast Live Oak.
DAS
7 Antioch City Council Report
June 10, 2025 Agenda Item # 7 2
The proposed project site consists of ten separate parcels totaling 2.98-acres and are identified by Assessor’s Parcel Numbers (APNs) 051- 390-001 through -006, -009, -010, -011, and - 016. Additionally, the project site includes the right -of-way of Jessica Court.
The project site is located east of the Oakley Road and Phillips Lane inters ection, north of Oakley Road and south of Filbert Street in the City of Antioch . The project site is currently vacant and consists primarily of ruderal grasses interspersed with scattered trees and shrubs, and an existing PG&E utility easement along the northern project boundary for existing overhead powerlines. All ten parcels have a General Plan Land Use Designation of High-Density Residential (HDR) and are zoned High Density Residential (R-35). The project site is surrounded by existing single-family homes west, single-family and multi-family development to the north, an existing church to the east, and vacant undeveloped land to the south. Below is an overall location map followed by a site map identifying the project boundaries.
Location Map
Project Location
Antioch City Council Report
June 10, 2025 Agenda Item # 7 3
Project Site
E
nvironmental
As part of the City’s Sixth Cycle Housing Element process, the project site was included in the City’s 6th Cycle Housing Element Update (2023- 2031) and identified for future multi-family development. In February 2023, the City of Antioch certified the Antioch Housing, Environmental Hazards, and Environmental Justice Elements Project Draft Environmental Impact Report (SCH No. 2021110146), hereafter referred to as the “Housing Element EIR.”
T
he Housing Element EIR analyzed adoption and implementation of the City’s 6th Cycle Housing Element Update (2023- 2031), including the adoption and implementation of rezoning and General Plan amendments to accommodate the City’s Regional Housing Needs Allocation (RHNA). As a result, the proposed project has been adequately analyzed in the previous environmental review under CEQA and further evaluation is not required. Per California Environmental Quality Act ( CEQA) Guidelines Section 15183, a project that is consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except when it is necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.
W
hile staff has determined that the Housing Element EIR adequately analyzed the project, should it be determined that not to be correct or adequate, staff has also determined that the proposed project qualifies for a Class 32 Categorical Exemption for Infill Development and further environmental review under CEQA is not required.
C
ategorical Exemptions are identified by the California Code of Regulations for “classes” of projects as defined in the CEQA Guidelines (§§15300- 15333) that have been determined to not have a significant effect on the environment and are therefore exempt from the provisions of CEQA to prepare environmental documents. This proposed project Project Site