ITEM 4. 14
CITY MANAGER' S REPORT
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE THE RIVER ISLANDS PHASE 2 WEST
VILLAGE PRECISE PLANS FOR RIVER ISLANDS
PARKWAY AND CAMBAY PARKWAY AND A COMMON
USE AGREEMENT WITH RD 2062
RECOMMENDATION: Adopt Resolution Approving the River Islands Phase 2 West Village Precise Plans for River Islands
Parkway and Cambay Parkway and a Common Use
Agreement with Reclamation District 2062
SUMMARY:
On June 14, 2021, City Council approved a Vesting Tentative Subdivision Map Tract 6716 for Phase 2 of the River Islands Project. The proposed Precise Plans set the right- of- way alignment, widths, lane configuration and cross- sections for River Islands Parkway ( RIP) and Cambay Parkway, which are located adjacent to the West Village neighborhood of River Islands Phase 2, as shown in the Vicinity Map Attachment E). The Precise Plans are necessary for the City to accept the dedication of right- of-way and improvements for these roadways.
A Common Use Agreement ( CUA) is necessary to delineate the obligations and duties of the City and Islands Reclamation District No. 2062 ( RD 2062) for a portion of Cambay Parkway that encroaches on the RD 2062 levee easement.
Staff recommends that the City Council approve the Precise Plans for the segments of RIP ( Attachment B) and Cambay Parkway ( Attachment C) that are adjacent to the West Village neighborhood and a CUA with RD 2062 ( Attachment D).
BACKGROUND:
On June 14, 2021, City Council approved a Vesting Tentative Subdivision Map ( VTM) Tract 6716 for Phase 2 of the River Islands Project with associated Conditions of Approval ( COA). Prior to the approval of a Neighborhood Deisgn Plan ( NDP), the COA associated with VTM Tract 6716 require the approval of a precise plan for any adjacent arterial roadway. In addition, Section 12. 12. 120 of the Lathrop Municipal Code requires a Precise Plan to be approved prior to the dedication of land for street purposes and prior to the issuance of building permits within an adjacent neighborhood. The portions of RIP and Cambay Parkway that are included in the Precise Plans are adjacent to the West Village NDP, which is currently being processed for approval.
CITY MANAGER' S REPORT Page 2
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVE THE RIVER ISLANDS PHASE 2 WEST VILLAGE PRECISE PLANS FOR RIP AND CAMBAY PARKWAY AND A CUA WITH RD 2062
A portion of Cambay Parkway encroaches into the RD 2062 levee easement; therefore, a CUA is necessary to delineate the obligations and duties of the City and RD 2062.
Staff recommends that the City Council approve the Precise Plans for the segments of RIP and Cambay Parkway that are adjacent to the West Village neighborhood and a CUA with RD 2062.
REASON FOR RECOMMENDATION:
River Islands Development ( RID) has provided the proposed Precise Plans for the portions of RIP and Cambay Parkway adjacent to the West Village neighborhood that is consistent with the approved Phase 2 Tract 6716 vesting tentative map and revised Preliminary Development Plan. The Precise Plan will set the future right of way of this major street and provide eventual vehicular access through portions of the Phase 2 area.
RD 2062 has also provided a proposed CUA that protects both the District and the City from future improvements and maintenance activities that affect RD 2062' s levee and the City' s street ( Cambay Parkway). This CUA is required for the City to approve the proposed Precise Plan.
FISCAL IMPACT:
There is no budget impact to the City. RID is providing funds necessary to defray any staff time required to process their request.
ATTACH M ENTS:
A. Resolution Approving the River Islands Phase 2 West Village Precise Plan Lines for River Islands Parkway and Cambay Parkway and a Common Use Agreement with Reclamation District 2062
B. River Islands Parkway Precise Plan
C. Cambay Parkway Precise Plan
D. Common Use Agreement with Reclamation District 2062
E. Vicinity Map - Stage 2B portion of River Islands Phase 1 Area CITY MANAGER' S REPORT Page 3
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVE THE RIVER ISLANDS PHASE 2 WEST VILLAGE PRECISE PLANS FOR RIP AND CAMBAY PARKWAY AND A CUA WITH RD 2062
APPROVALS
d 3 ZoZ2
Brad ylor Date
City Engineer
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Cari Ja Date
Director Finance
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Michael King Date
Assistant City Manager
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Salvador Navarrete Date
City Attorney
lfl• 5•ZZ
ephen ). Salvatore Date
City Manager
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING THE RIVER ISLANDS PHASE 2 WEST VILLAGE PRECISE PLANS
FOR RIVER ISLANDS PARKWAY AND CAMBAY PARKWAY AND A COMMON USE AGREEMENT WITH RECLAMATION DISTRICT 2062
WHEREAS, on June 14, 2021, City Council approved a Vesting Tentative Subdivision Map ( VTM) Tract 6716 for Phase 2 of the River Islands Project with associated Conditions of Approval; and
WHEREAS, prior to the approval of a Neighborhood Deisgn Plan ( NDP), the Conditions of Approval associated with VTM Tract 6716 require the approval of a precise plan for any adjacent arterial roadway; and
WHEREAS, Section 12. 12. 120 of the Lathrop Municipal Code requires a Precise Plan to be approved prior to the dedication of land for street purposes and prior to the issuance of building permits within an adjacent neighborhood; and WHEREAS, the portions of River Islands Parkway and Cambay Parkway that are included in the Precise Plans are adjacent to the West Village NDP, which is currently being processed for approval; and
WHEREAS, a portion of Cambay Parkway encroaches into the RD 2062 levee easement and therefore a Common Use Agreement ( CUA) is necessary to delineate the obligations and duties of the City and RD 2062.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby approve the Precise Plans for River Islands Parkway and Cambay Parkway segments adjacent to the West Village neighborhood of Phase 2 and approves the Common Use Agreement by and between the City of Lathrop and Island Reclamation District No. 2062 for the portion of Cambay Parkway that overlaps with the levee easement recorded in favor of RD 2062, as included and incorporated in the October 10, 2022 staff report as Exhibit " D"; and
BE IT FURTHER RESOLVED that the City Council of the City of Lathrop, based on substantial evidence in the administrative record of proceedings, its findings above, including the staff report and associated attachments, and pursuant to its independent review and consideration, finds that adoption of this resolution does not require any additional environmental review pursuant to adopted CEQA guidelines since it does not propose changes in the approved project, cause any new significant environmental impacts, creates no substantial changes with respective to circumstances under which the project is undertaken that will require revisions to the previously certified River Islands SEIR and that there is no new information that was known or could not have reasonably been known at the time the previous SEIR was certified.
The foregoing resolution was passed and adopted this 10t" day of October 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney i ATTACHME T
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ATTA MENT
COMMON USE AGREEMENT
FOR A PORTION OF CAMBAY PARKWAY
BY AND BETWEEN THE
CITY OF LATHROP
AND
ISLAND RECLAMATION DISTRICT NO. 2062
This COMMON USE AGREEMENT FOR A PORTION OF CAMBAY PARKWAY, associated with Phase 2 of River Islands at Lathrop entered into on October 10, 2022 (" Agreement") and is made and entered into by ISLAND RECLAMATION DISTRICT NO. 2062, a reclamation district organized under the laws of the State of California ( the " District"), and the CITY OF LATHROP, a municipal corporation in the State of California ( the " City"), together " the Parties."
RECITALS
A. This Agreement relates to certain real property to be dedicated to City in the future for public right of way purposes known as " Cambay Parkway," specifically, a planned arterial street within the River Islands at Lathrop Master Planned Community (" River Islands Site"), being developed by River Islands Area One, LLC (" River Islands"), approved and included in the West Lathrop Specific Plan.
B. The Agreement also sets forth the process that will eventually lead to the dedication of public right of way associated with Cambay Parkway, as well as a public utility easement ( PUE) adjacent to the right of way that will extend into the existing levee easement of the District. Prior to approval of a large lot map, final map or any other document facilitating the dedication of right of way and public utility easement for the portions of Cambay Parkway that extend into the existing levee easement of the District, the Parties agree to execute and record a Common Use Agreement that will supersede this Agreement.
C. On January 8, 2020, the District accepted its Phase 2 levee system for the right to control and maintain the levees constructed by District for flood protection purposes to protect development within the Phase 2 portion of the River Islands Site (" Levee Easement").
D. River Islands has proposed a Precise Plan Line for Cambay Parkway within Phase 2 that is required by condition of approval of Vesting Tentative Map Tract 6716 as provided in Exhibit" A" to this Agreement (" Cambay Precise Plan Line").
E. Since the Levee Easement provides appropriate legal access and authority to District for its flood protection works (" District Works") in accordance with the State Water Code and applicable FEMA regulations, and these levees are designed to provide 200- year Urban Level of Flood Protection ULOP) in accordance with approved State Department of Water Resources Standards, prior to the approval of the Cambay Precise Plan Line and the dedication of subsequent rights of way far Cambay Parkway and associated PUEs, the Parties acknowledge and agree that it is necessary for the Parties to enter into an agreement to outline the duties and responsibilities of each Party, for the betterment of the public and to avoid conflicts in each Party' s individual obligations under applicable law to those portions of street rights of way located within portions of the Levee Easement(" Common Use Area"). 1 ATTACHMENT
N
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth, the Parties do hereby agree as follows:
1. City hereby agrees to the construction, reconstruction, maintenance or use by District of the District Works located within the Common Use Area which is more particularly depicted in Exhibit "B" to this Agreement, incorporated herein by this reference.
2. District hereby agrees to the construction, reconstruction, maintenance or use by City of Cambay Parkway and any associated utilities within the Common Use Area which is more particularly depicted on Exhibit " A" to this Agreement, incorporated herein by this reference.
3. District and City acknowledge the priority of title of each other wherever applicable to the Common Use Area.
4. District acknowledges that street construction, underground pipelines, street lighting, storm drainage, landscaping and joint trench improvements will be constructed in the future as part of Cambay Parkway and has no objections to the design and proposed construction of these improvements that will be located within the Common Use Area. Further, the District agrees to have its District Engineer review any proposed improvement plans for Cambay Parkway in the future and provide written confirmation to the City that are no issues with the District Works associated with the construction of Cambay Parkway.
5. In the event that the future use of Cambay Parkway within the Common Use Area shall at any time necessitate rearrangement, relocation or reconstruction of any of the District' s works within the Common Use Area, City shall notify District in writing of such necessity pursuant to applicable sections of the Water Code and City agrees to pay the cost of such rearrangement, relocation ar reconstruction of District' s works following approval of all plans and specifications of said rearrangement, relocation, or reconstruction by the District, which approval shall not be unreasonably withheld.
6. In the event that the future use of the District Works shall at any time necessitate rearrangement, relocation or reconstruction of any constructed improvements of Cambay Parkway within the Common Use Area, District shall notify City in writing of such necessity and District agrees to pay the cost of such rearrangement, relocation or reconstruction of Cambay Parkway within the Common Use Area, following approval of all plans and specifications of said reanangement, relocation, or reconstruction by the City, which approval shall not be unreasonably withheld.
7. City shall pay the cost to maintain, repair or replace City' s facilities located in the Common Use Area at its sole expense, and far construction, rearrangement, modification, alteration or relocation not requested or undertaken by District, except for damage resulting from maintenance, repair ar replacement by District.
8. District or its assignees shall pay the cost to maintain, repair and replace District' s facilities located in the Common Use Area at its sole expense, and for construction, rearrangement, modification, alteration or relocation not requested or undertaken by City, excepting damage resulting from maintenance, repair or replacement by City.
2 9. Prior to approval of a large lot map, final map or any other document facilitating the dedication of right of way and public utility easement for the portions of Cambay Parkway that extend into the existing levee easement of the District, the Parties agree to execute and record a Common Use Agreement that will supersede this Agreement.
10. District, when working within the Common Use Area shall comply with the following provisions:
a) Except in times of emergency, including during a high water or flooding event, District shall provide reasonable notice to City before performing any work in the Common Use Area where such work will be performed in or on the traveled way or improved shoulders, sidewalk or landscaping of the roadway or will otherwise obstruct vehicular and/ or pedestrian traffic. b) In all cases, District shall make adequate provisions for the protection of the travelling public and provide such barricades and safety devices as are required by City standards, and in cases of non- emergency, provide a Traffic Control Plan as required by City standards and specifications. c) All work shall be planned and carried out so there will be minimum inconvenience to the traveling public.
d) All work shall be replacement in kind, conform to the existing facilities as to width and depth of surfacing thereof, meet all applicable City standards and specifications as determined by the City Engineer and shall be subject to inspection by City. 1 l. District and City shall use said Common Use Area in such manner as to not unreasonably interfere with the rights of either Party.
12. District shall not be responsible far any damage occurring to the City facilities in the Common Use Area that are not as a direct result of the District' s maintenance, construction or reconstruction activities, or from its flood control facilities located on or near the Common Use Area. All costs for repairing such damage to City's facilities shall be borne by City.
13. City shall not be responsible for any damage occurring to District facilities in the Common Use Area that are not as a direct result of the City' s maintenance, construction or reconstruction activities of its right of way or improvements on or near the Common Use Area. All costs for repairing such damage to District's facilities shall be borne by District.
14. District shall be responsible for the structural integrity of its levees, berms and similar structures, as well as vegetation and weed control activities of its levee slopes and adjacent areas that may transverse the Common Use Area. City shall be responsible for any landscaping and irrigation improvements within its right of way, including within the Common Use Area. The City or its assignees shall become responsibility for weed control within portions of the Common Use Area that are landscaped by the City.
15. District shall, for public purposes, dedicate the PUE for Streets via Grant Deed prior to approval of a large lot map, final map or any other document facilitating the dedication of right of way and public utility easement for the portions of Cambay Parkway that extend into the existing levee easement of the District. This Grant Deed shall be recorded concurrently with the recordation of the 3 first small lot final map that includes the portion of Cambay Parkway affected by this Common Use Agreement.
16. To the extent that the City' s rights to its rights of way and/ or PUEs for Streets under the applicable laws of the State of California do not hinder or conflict with the rights of the District under applicable laws of the State of California, such rights of the District shall remain and be in full force and effect. Should any conflict with the rights of the City by rights of the District be identified, the District hereby subrogates its rights to the City, subject to review and approval of the District' s legal counsel.
17. This Agreement shall not have a prescribed term. Termination of Agreement shall only occur if the Common Use Area ceases to be in existence and the need for this Agreement and its rights and obligations contained herein cease to be necessary. Either Party may provide written notice of such termination, subject to review and verification of the other Party.
18. Notices. Any and all notices required to be given hereunder will be deemed to have been delivered upon deposit in the United States mail, postage prepaid, addressed to either of the parties at the address hereinafter specified or as later amended by either party in writing:
City of Lathrop
Attention: City Engineer
390 Towne Centre
Lathrop, CA 95330
Reclamation District No. 2062
73 West Stewart Road
Lathrop, CA 95330
Attention: President
19. This Agreement, and all terms, covenants, and conditions hereof, will apply to and bind the successors and assigns of the respective parties hereto. Neither Party will assign nor sublet this Agreement without the prior written consent of the other Party.
20. This Agreement is governed by California law.
21. This Agreement may not be modified or amended except in writing signed by both parties.
22. Each party must, in all activities undertaken pursuant to this Agreement, comply and cause its contractors, agents and employees to comply with all Federal, State and local laws, statutes, orders, ordinances, rules, and regulations.
23. It is expressly understood that this Agreement does not in any way whatsoever grant or convey any permanent easement, fee or other interest in a party' s real property to the other Party.
24. This Agreement, together with all exhibits attached hereto, constitutes the entire agreement between the Parties and supersedes all priar written or oral understandings. 4 IN WITNESS WHEREOF, the City and District have signed this Agreement effective as of the Effective Date.
CITY OF LATHROP ISLAND RECLAMATION DISTRICT
A California municipal corporation NO. 2062 a California reclamation district
By: By:
Stephen Salvatore, City Manager Susan Dell'Osso, President ATTEST:
By:
Teresa Vargas, City Clerk
APPROVED AS TO FORM BY THE CITY OF LATHROP CITY ATTORNEY:
By:
Salvadar V. Navarrete, City Attorney
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