2025 REGULAR MEETING - CITY COUNCIL / LINCOLN REDEVELOPMENT
SUCCESSOR AGENCY / LINCOLN PUBLIC FINANCING AUTHORITY
August 12, 2025
CITY OF LINCOLN
2025 REGULAR MEETING - CITY COUNCIL /
LINCOLN REDEVELOPMENT SUCCESSOR AGENCY
/ LINCOLN PUBLIC FINANCING AUTHORITY
August 12, 2025
AS A COURTESY, PLEASE TURN OFF ALL CELL PHONES & ELECTRONIC DEVICES DURING THE MEETING -COUNCIL MEETING AGENDA-
6:00 PM
Mayor Holly Andreatta
Mayor Pro Tem Ben Brown Councilmember Whitney Eklund Councilmember Richard Pearl Councilmember John Reedy City Hall (Extremely Limited Seating Capacity)
3rd Floor Council Chambers
600 Sixth Street
Lincoln, CA 95648
or attend via
ZOOM
register by using this link:
https://us06web.zoom.us/webinar/register/WN_BuE0s3EcQD-zsbFvqIr9eQ or participate by calling US: +1 (669) 900-6833
use ID #867 6709 0429
and use *9 to raise hand to speak
600 Sixth Street
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Lincoln, CA 95648
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www.lincolnca.gov
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916-434-2400 1
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. AGENDA MODIFICATIONS
5. PRESENTATIONS
EXECUTIVE TEAM
Sean Scully, City Manager
Kristine Mollenkopf, City Attorney
Nita Wracker, Asst. City Manager / Finance Director
Matt Alves, Public Safety Chief
Jennifer Brown, Chief Innovation & Tech. Officer
Vin Cay, City Engineer
Erin Frye, Econ. Dev. & Communication Specialist
Kathryn Hunt, Library Services Director
Hope Ithurburn, City Clerk
Matthew Medill, Public Works Director
Veronica Rodriguez, Human Resources Director
MISSION STATEMENT:
To provide the highest level of service responsive to our community’s expectations and to enhance the quality of life and economic vitality.
THE FOLLOWING INFORMATION IS PROVIDED TO ASSIST WITH PUBLIC PARTICIPATION:
Americans with Disabilities Act (ADA):
In compliance with the ADA, if you need special assistance to participate in this meeting or other services in conjunction with this meeting, please contact the City Clerk’s Office at (916) 434-2490. The meeting room is wheelchair accessible and disabled parking is available. Notification at least 48 hours prior to the meeting or time when services are needed will assist City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting or service.
Agenda Availability:
The main posting location of the City Council Agenda pursuant to the Brown Act, Government Code § 54954.2(a) is on the public kiosk outside the entrance of City Hall, 600 6th Street, Lincoln, California. City Council Agenda Packets are available for review at the City Clerk’s Office, 600 6th Street, Lincoln, California, and “Live and Archived” meetings, minutes and videos are available on the City’s website at www.Lincolnca.gov. City Council Meetings are televised live 6:00PM on Cable channel 18.
Public Input:
Persons wishing to address the City Council are asked to voluntarily complete and submit a speaker card to City staff. Speaker cards are available near the entrance of the meeting location. Persons wishing to address the City Council on an item appearing on this agenda will be called upon at the appropriate time during the item’s consideration. Persons wishing to address the City Council on an item not appearing on the agenda will be called upon during “Public Comment on Non-Agenda Items.” In either case, please stand to be recognized by the Mayor when your name is called. Please note:
comments from the audience without coming to the podium may be disregarded or ruled out of order. All speakers' time will be limited to three (3) minutes, unless extended by the Mayor. All comments or questions should be addressed to the Mayor and in most cases, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda, but may engage in brief discussion, provide direction to City staff, or schedule items for future meetings.
Special Meeting Public Input:
Only issues listed on a special meeting agenda may be addressed pursuant to the Brown Act’s regulation of Special Meetings.
Consent Agenda
: All matters on the Consent Agenda are considered routine business and will be enacted by one motion.
There will be no separate discussion of these items unless a member of the City Council requests a specific item be removed from the Consent Agenda for separate action. Any items removed will be considered after the remainder of the Consent Agenda.
Judicial Review
: Pursuant to applicable laws and regulations, including without limitation, California Government Code § 65009 and/or California Public Resources Code § 21177, if you wish to challenge in court any of the decisions made by the City Council, including any action regarding planning, zoning or environmental decisions, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.
GENERAL SESSION - 6:00pm
INSPIRATION OR INVOCATION
600 Sixth Street
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Lincoln, CA 95648
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www.lincolnca.gov
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916-434-2400 2
6. PUBLIC COMMENT ON NON-AGENDA ITEMS WITHIN THE SUBJECT MATTER JURISDICTION OF THE COUNCIL *
All speakers' time will be limited to three (3)
minutes, unless extended by the Mayor. All comments or questions should be addressed to the Mayor and in most cases, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda, but may engage in brief discussion, provide direction to City staff, or schedule items for future meetings.
7. CONSENT
8. PUBLIC HEARINGS
5.A
Badge Pinning and Oath of Office to Newly Appointed Fire Chief Anthony Mejia (Chief Matt Alves/Mayor Andreatta)
5.B
Freedom Through Education Presentation
7.A
Approval of Meeting Minutes of July 22, 2025 Regular City Council meeting. (Hope Ithurburn)
7.B
Waive Second Reading and Adopt by Title only an Ordinance Establishing a Development Agreement between the City of Lincoln and Carole S. Leavell Living Trust and Franchimone Family Living Trust in Association with the Leavell Ranch Project, and further finding the Ordinance is Exempt from further Environmental Review under the California Environmental Quality Act. (Mikaela Noble)
7.C
Waive Second Reading and Adopt by Title Only an Ordinance Regulating the Operation of Food Trucks, and Further Finding the Ordinance is Exempt from Environmental Review under the California Environmental Quality Act ("CEQA"). (Kristine Mollenkopf)
7.D
Adopt a Resolution (1) Authorizing the City Manager to Execute a Contract for Construction with R & R Pacific Construction in the amount of $1,512,120 for the Construction of the I Street Rehabilitation Capital Improvement Project (CIP) 601 and Authorize the City Engineer to Approve change orders not to exceed $226,818; (2) Authorize the City Manager to Execute a Contract with UNICO Engineering for Construction Management and Inspection Services in the amount of $363,699. (Araceli Cazarez)
7.E
Waive the Second Reading and Adopt by Title only Ordinance No. 1095B Amending Sections of the Lincoln Municipal Code Title 13 - Public Services regarding Water Connection Charges and further finding the Ordinance is Exempt from Environmental Review under the California Environmental Quality Act (CEQA). (Chris Nelson)
8.A
Waive First Reading and Introduce by Title only an Ordinance Establishing a Development Agreement between the City of Lincoln and Stardust 80, A California Limited Partnership in Association with the Stardust project, and further finding the Ordinance is Exempt from further Environmental Review under the California Environmental Quality Act. (Mikaela Noble)
8.B
Waive First Reading and Introduce by Title Only an Ordinance Authorizing the Levy of Special Taxes Within City of Lincoln Community Facilities District No. 2025-1 (Joiner Ranch East), Adopt a Resolution Establishing City of Lincoln Community Facilities District No. 2025-1 (Joiner Ranch East) and Calling an Election Therein, Adopt a Resolution Determining Necessity to Incur Bonded Indebtedness for City of Lincoln Community Facilities District No. 600 Sixth Street
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Lincoln, CA 95648
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www.lincolnca.gov
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916-434-2400 3
9. GENERAL BUSINESS
10. CITY MANAGER REPORTS
11. COUNCIL INITIATED BUSINESS
12. COMMITTEE REPORTS
13. INFORMATION ITEMS
14. ADJOURNMENT
2025-1 (Joiner Ranch East), and Adopt a Resolution Certifying Election Results. (Nita Wracker)
9.A
Consideration of an Employment Agreement Amendment for the City Manager and City Attorney, Including Compensation and Benefits Adjustments. (Veronica Rodriguez)
NOTE:
Materials related to an item on this Agenda submitted to the Council/Redevelopment Successor Agency after distribution of the agenda packet are available for public inspection in the City Clerk's office at 600 Sixth Street, Lincoln, CA during normal business hours. Such documents are also available on the City of Lincoln's website at
https://www.lincolnca.gov/
subject to staff's availability to
post the documents before the meeting.
In compliance with the American with Disabilities Act, the City will provide special assistance for disabled members of the public. The meeting room is wheelchair accessible and disabled parking is available. If you have a disability and need a disability-related modification or accommodation to participate in the meeting, please contact the City Clerk's Office at (916) 434-2490. As a courtesy, please make every effort to inform the Clerk of your needs at least 24 hours prior to the meeting so the City may make reasonable arrangements to ensure accessibility to this meeting.
Pursuant to applicable laws and regulations, including without limitation, California Government Code Section 65009 and/or California Public Resources Code Section 21177, if you wish to challenge in court any of the above decisions (including any action regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.
Levine Act Provisions --
The Levine Act requires a party (or the party's agent(s)) to a proceeding before the City of Lincoln that involves any action or consideration to their contract, license, permit, or other entitlement for use, to disclose any campaign contribution made to City elected or appointed officer totaling more than $500 within the 12 months before the City decision. This includes contributions to Councilmembers, Planning Commissioners and members of other City boards and commissions.
600 Sixth Street
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Lincoln, CA 95648
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www.lincolnca.gov
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916-434-2400 4
SUBJECT:
Badge Pinning and Oath of Office to Newly Appointed Fire Chief Anthony Mejia (Chief Matt Alves/Mayor Andreatta)
SUBMITTED BY:
City Clerk
DEPARTMENT:
City Clerk's Office
DATE:
August 12, 2025
Item Number 5.A
STAFF REPORT
5 SUBJECT:
Freedom Through Education Presentation
SUBMITTED BY:
City Clerk
DEPARTMENT:
City Clerk's Office
DATE:
August 12, 2025
Item Number 5.B
STAFF REPORT
6 SUBJECT:
Approval of Meeting Minutes
of July 22, 2025 Regular City
Council meeting. (Hope Ithurburn)
SUBMITTED BY:
City Clerk
DEPARTMENT:
City Manager's Office
DATE:
August 12, 2025
Item Number 7.A
ATTACHMENTS:
MEETING MINUTES, draft - 7.22.25.docx
STAFF REPORT
7 MINUTES
CITY OF LINCOLN CITY COUNCIL,
PUBLIC FINANCE AUTHORITY
and REDEVELOPMENT SUCCESSOR AGENCY
Regular Meeting
July 22, 2025
CLOSED SESSION MEETING
The meeting was conducted in person at City Hall, 600 6th Street, Lincoln, CA in the City Manager’s Conference Room.
CLOSED SESSION AGENDA ITEMS
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION and COMPENSATION , Title: City Attorney
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION and COMPENSATION , Title: City Manager
1. CALL TO ORDER -The meeting was called to order by Mayor Andreatta at 4:00pm.
2. ROLL CALL Councilmembers present: Mayor Holly Andreatta Ben Brown
Whitney Eklund
John Reedy
Councilmembers absent: Richard Pearl
3. PUBLIC COMMENT ON CLOSED SESSION * In person only.
There was no public comment.
OPEN SESSION MEETING
The meeting was conducted in person at City Hall, 600 6 th Street, Lincoln, CA, and virtually on Zoom with a Live Stream on the City of Lincoln YouTube Channel and WAVE Channel 18.
4. CALL TO ORDER by Mayor Andreatta at 6:02 PM.
5. ROLL CALL: Councilmembers present: Mayor Holly Andreatta Ben Brown
Whitney Eklund
John Reedy
Councilmembers absent: Richard Pearl
6. PLEDGE OF ALLEGIANCE – led by Jacob.
7. REPORT FROM CLOSED SESSION – Kristine Mollenkopf, City Attorney stated
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July 22, 2025
there was no reportable action.
8. AGENDA MODIFICATIONS – None.
9. PRESENTATIONS
9.A Senior Center Project Update
Jacob Groeser, Associate Engineer, presented to City Council. A brief discussion followed.
9.B Action Review Moore/Stardust Incident Presentation
Anthony Mejia, Deputy Fire Chief presented to Council. There was a brief Council discussion with staff responding to comments.
9.C Advanced Life Support Implementation Plan Presentation
Anthony Mejia, Deputy Fire Chief presented to Council. There was a brief Council discussion with staff responding to comments.
10. PUBLIC COMMENT ON NON-AGENDA ITEMS WITHIN THE SUBJECT MATTER
JURISDICTION OF THE COUNCIL
The following provided public comment:
Stan Nader, Lincoln resident
Susan Neway, Lincoln resident
Byron Chapman, Lincoln resident
Sean McCloff, Lincoln resident
Staff responded to comments. Seeing no further public comments, Mayor Andreatta closed the discussion.
11. CONSENT
Mayor Andreatta asked if any members of the City Council or staff would like to pull any items from the consent agenda. There were none.
11.A Approval of Meeting Minutes of July 8, 2025 Regular City Council meeting.
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City Council, Public Finance Authority and
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Regular Meeting Minutes
July 22, 2025
11.B Adopt RESOLUTION 2025-106 Authorizing accepting the East Joiner Parkway Lift Station Project (CIP 478) as complete and authorize the City Clerk to file the Notice of Completion with the Placer County Recorder.
11.C Adopt RESOLUTION 2025-107 Approving the Notice of Completion for 11th Street Storm Drain Repair, CIP 685.
11.D Adopt RESOLUTION 2025-108 Approving Entrance into Joint Community Facilities and Acquisition Funding Agreement in Connection with Bond Opportunities for Land Development Program (Liberty at Lincoln Project). Series 1999, and 1995-1 Series 2001 Special Taxes on Placer County Property Tax Roll.
11.E Adopt RESOLUTION 2025-109 Approving the improvement plans and technical specifications, and authorizing staff to proceed with the bidding process for construction of the Q Street Lift Station Rehabilitation Project (CIP 657).
11.F Adopt RESOLUTION 2025-110 Approving the reclassification of a vacant Engineering Manager position within the Engineering Department to the Associate Engineer level.
11.G Adopt RESOLUTION 2025-111 Authorizing the City Manager to execute and amend as necessary two Agreements for Reclaimed Water Service incorporating the rules/regulations and water rates for the use of reclaimed water; one with JEN CA 24 LLC for the Joiner Ranch East Phase 1 project, and one with Lewis Management Corp. for the Liberty at Lincoln project.
11.H Adopt RESOLUTION 2025-112 Authorizing the City Manager to: 1) execute a purchase order for $1,020,000 including $31,000 for contingencies, to procure two Autocar/New Way residential garbage collection trucks, and 2) execute a purchase order for $150,000 including $15,000 for contingencies, to procure an organic waste collection body for use on a roll off truck.
11.I Adopt RESOLUTION 2025-113 Approving the purchase and sale agreement - Coulson Ranch Oak Wood Conservation Easement.
11.J Adopt RESOLUTION 2025-114 Authorizing the Public Works Director to execute a Contract for Services with EMMS, Inc. for janitorial services for a total amount not to exceed $1,326,963 including contingency, window cleaning and special events for a five-year period (ending June 30, 2030), with the option to extend the contract for one additional five-year term and authorizing the Public Works Director or his/her designee, 10
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July 22, 2025
to execute any necessary change orders that are within the approved supplemental budget.
Seeing no further public comments, Mayor Andreatta called for a motion of approval for the items. Councilmember Reedy motioned to approve, motion was seconded by Councilmember Eklund. Passed by the following roll call vote:
Ayes: Andreatta, Brown, Eklund, Reedy
Noes: None
Absent: Pearl
Abstain: None
12. PUBLIC HEARINGS
12.A Conduct a Public Hearing and Adopt RESOLUTION 2025-115, RESOLUTION 2025-116, and RESOLUTION 2025-117 Approving the Tentative Subdivision Maps for the proposed Leavell Ranch Project; and (2) Waive full reading and Introduce by Title only ORDINANCE 1096B approving a Development Agreement between the City of Lincoln and Carole S. Leavell Living Trust and Franchimone Family Living Trust.
Mikaela Noble, Associate Planner, presented to City Council. Council discussed with staff responding to comments. Mayor Andreatta opened the public hearing. The following provided public comments:
Adrienne Graham, Adrienne Graham & Associates
Tony Frayji, Frayji Design Group
George O’Connor, Lincoln resident
Mayor Adreatta reopened the public comment as a member of the public requested to speak. The following provided public comment:
Unidentified speaker
Seeing no additional public comments, Mayor Andreatta closed the public hearing.
Mayor Andreatta reopened the public comment as another member of the public requested to speak. The following provided public comment:
Byron Chapman, Lincoln resident
Seeing no additional public comments, Mayor Andreatta called for a motion with each resolution and ordinance voted upon separately.
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City Council, Public Finance Authority and
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July 22, 2025
Councilmember Reedy motioned to approve a resolution, motion was seconded by Mayor Pro Tem Brown. Passed by the following roll call vote:
Ayes: Brown, Eklund, Reedy
Noes: Andreatta
Absent: Pearl
Abstain: None
Councilmember Reedy motioned to approve a resolution, motion was seconded by Mayor Pro Tem Brown. Passed by the following roll call vote:
Ayes: Brown, Eklund, Reedy
Noes: Andreatta
Absent: Pearl
Abstain: None
Councilmember Reedy motioned to approve a resolution, motion was seconded by Mayor Pro Tem Brown. Passed by the following roll call vote:
Ayes: Brown, Eklund, Reedy
Noes: Andreatta
Absent: Pearl
Abstain: None
Councilmember Reedy motioned to approve an ordinance, motion was seconded by Mayor Pro Tem Brown. Passed by the following roll call vote:
Ayes: Brown, Eklund, Reedy
Noes: Andreatta
Absent: Pearl
Abstain: None
12.B Conduct a Public Hearing and consider waiving the first reading and introduce by title only ORDINANCE 1095B amending sections of the Lincoln Municipal Code Title 13 – Public Services regarding Water Connection Charges and further finding the Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA).
Chris Nelson, Environmental Services Manager presented to City Council. There was a brief Council discussion with staff responding to comments. Mayor Andreatta opened the discussion regarding the agenda item.
Seeing no public comments, Mayor Andreatta called for a motion. Councilmember 12
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Regular Meeting Minutes
July 22, 2025
Reedy motioned to approve, motion was seconded by Councilmember Eklund. Passed by the following roll call vote:
Ayes: Andreatta, Brown, Eklund, Reedy
Noes: None
Absent: Pearl
Abstain: None
12.C Conduct a public hearing, waive first reading and adopt by title only ORDINANCE 1094B regulating the operation of food trucks.
Kristine Mollenkopf, City Attorney, presented to City Council. There was a brief Council discussion with staff responding to comments. Mayor Andreatta opened the discussion regarding the agenda item.
The following provided public comment:
Byron Chapman, Lincoln resident
Darla Gutierrez, Lincoln resident
Cas Asberg, Lincoln resident
Seeing no public comments, Mayor Andreatta called for a motion. Mayor Pro Tem Brown motioned to approve with amendments as noted by Council, motion was seconded by Councilmember Eklund. Passed by the following roll call vote:
Ayes: Andreatta, Brown, Eklund, Reedy
Noes: None
Absent: Pearl
Abstain: None
13. GENERAL BUSINESS
13.A Adopt RESOLUTION 2025-118 approving the reclassification of the Deputy Fire Chief to the newly established Fire Chief classification, and the adoption of the salary schedule for the newly established Fire Chief and Fire Marshal classifications.
Claire True, Senior Human Resources Analyst, presented to City Council. There was a brief Council discussion with staff responding to comments. Mayor Andreatta opened the discussion regarding the agenda item.
Seeing no public comments, Mayor Andreatta called for a motion. Councilmember Reedy motioned to approve, motion was seconded by Mayor Pro Tem Brown. Passed by the following roll call vote:
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City Council, Public Finance Authority and
Redevelopment Successor Agency
Regular Meeting Minutes
July 22, 2025
Ayes: Andreatta, Brown, Eklund, Reedy
Noes: None
Absent: Pearl
Abstain: None
The following provided public comment:
Byron Chapman, Lincoln resident
13.B 84 Acre Master Developer RFP
Sean Scully, City Manager, presented to City Council. There was a brief Council discussion with staff responding to comments. Mayor Andreatta opened the discussion regarding the agenda item. The following provided public comments:
Jason Daggett, Lincoln resident
Seeing no further comments, Council provided direction to staff.
14. CITY MANAGER REPORTS
City Manager Scully promoted an upcoming meeting of the Placer County Charter Review Committee.
14. COUNCIL INITIATED BUSINESS
Councilmember Eklund inquired as to the availability of tennis walls in the City and asked for a status update on the Sierra College and Twelve Bridges streetlight and the possibility of a safe crossing between Twelve Bridges and the Verdera subdivision; discussion followed between Council and staff. Mayor Andreatta expressed gratitude to staff regarding the graffiti and weed cleanup in the alleyways and provided an update on the response to a recent fire and actions taken on behalf of the associated developer.
16. COMMITTEE REPORTS
Mayor Andreatta reported attendance at a recent Sheridan Municipal Advisory Council (MAC) meeting. Councilmember Reedy reported attendance at a recent Western Placer Waste Management Authority (WPWMA) board meeting.
17. INFORMATION ITEMS
Mayor Andreatta noted that former Mayor Dan Karleskint’s celebration of life will be held Saturday, July 25th at the Kilaga Springs Lodge at Sun City. 14
City Council, Public Finance Authority and
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July 22, 2025
17. ADJOURNMENT
Mayor Andreatta adjourned the meeting at 9:13pm.
Respectfully submitted by Hope Ithurburn, City Clerk
________________________________________
Hope Ithurburn, City Clerk
15 SUBJECT:
Waive Second Reading and Adopt by Title only an Ordinance Establishing a Development Agreement between the City of Lincoln and Carole S. Leavell Living Trust and Franchimone Family Living Trust in Association with the Leavell Ranch Project, and further finding the Ordinance is Exempt from further Environmental Review under the California
Environmental Quality Act. (Mikaela Noble)
SUBMITTED BY:
Mikaela Noble
DEPARTMENT:
Community Development
DATE:
August 12, 2025
Item Number 7.B
STAFF RECOMMENDATION:
Staff recommends that the City Council determine that an Addendum to the Village 1 Specific Plan EIR (SCH #2010102018) for the Leavell Ranch project was previously adopted by the City Council, and therefore, no additional environmental review is required; and waive second reading and adopt by title only Ordinance 1096B, establishing a Development Agreement between the City of Lincoln and Carole S. Leavell Living Trust and Franchimone Family Living Trust in association with the Leavell Ranch project for the development of approximately 241 acres within the Village 1 Specific Plan Area.
BACKGROUND/INTRODUCTION:
On June 18, 2025, the City Council waived first reading and introduced by title only Ordinance 1096B, establishing a Development Agreement between the City of Lincoln and Carole S.
Leavell Living Trust and Franchimone Family Living Trust for the development of approximately 241 acres of VLDR and VMDR-zoned property within the Village 1 Specific Plan Area; and found the Ordinance is exempt from further environmental review under the California Environmental Quality Act (CEQA).
ENVIRONMENTAL REVIEW:
No further environmental analysis is required because the Addendum to the Village 1 Specific Plan EIR (SCH #2010102018) was previously approved and adopted by the City Council was intended to be used in connection with each of the entitlements and subsequent approvals needed for the project consistent with other CEQA policies and requirements applicable to
STAFF REPORT
16 tiered EIRs, and the action is further exempted by CEQA Guidelines Sections 15182 (Projects Pursuant to a Specific Plan) and 15183 (Projects Consistent with Zoning).
LEVINE ACT COMPLIANCE:
The Levine Act requires a party (or the party’s agent(s)) to a proceeding before the City of Lincoln that involves any action or consideration to their contract, license, permit, or other entitlement for use, to disclose any campaign contribution made to City elected or appointed officer totaling more than $500 within the 12 months before the City decision.
The applicant submitted a Levine Act Statement to the City and cited no contributions to a City elected or appointed officer totaling more than $500 within the reporting period.
FISCAL IMPACT:
Although the City will carry forward a liability, Developers will comply with any outstanding assessment district or community facilities district annexation requirements outlined in the Development Agreement and project Conditions of Approval which serve to offset the cost of services being provided by the City.
REPORT ACCOUNTABILITY:
This Staff Report has been reviewed by the City Attorney for legal sufficiency and by the City Manager for content.
The Finance Department has reviewed this staff report and certifies budgeted funds are available, unless a budget amendment is being requested as part of this action item.
ATTACHMENTS:
Attachment 1 Ordinance 1096B.pdf
17 ORDINANCE 1096B
AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LINCOLN AND CAROLE S. LEAVELL LIVING TRUST AND FRANCHIMONE FAMILY LIVING TRUST FOR THE DEVELOPMENT OF APPROXIMATELY 241 ACRES (LEAVELL RANCH) WITHIN THE VILLAGE 1 PLAN AREA; AND FINDING THE
ORDINANCE IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER CEQA
WHEREAS, the City of Lincoln (“City”) received an application from Carole S.
Leavell Living Trust and Franchimone Family Living Trust (“Developer”) for the Leavell Ranch Project Development Agreement; and
WHEREAS, the proposed Leavell Ranch Project includes residential uses and open space consistent with the Village 1 land use designations and applicable development standards for the Leavell Ranch Project site; and
WHEREAS, on November 27, 2012, the City Council of the City of Lincoln certified the Final Environmental Impact Report (FEIR) for the Village 1 Specific Plan (State Clearinghouse No. 2010102018), which analyzed the environmental impacts of development within the 1,832- acre Specific Plan project area, including up to 5,639 dwelling units at ranges of 1.0 to 25.0 units per acre. Approximately 985 of the 1,832 acres are dedicated to residential uses with an additional approximately 40 acres of mixed-uses that could i nclude residential development, retail, office, and public/semi - public facilities. Other uses included the existing Turkey Creek Golf Course, open space, parks, an elementary school and city-owned facilities; and
WHEREAS, on September 26, 2023, the City C ouncil certified that the FEIR for the Village 1 Specific Plan analyzed changes to the Village 1 land use plan, including the realignment of Oak Tree Lane, associated revisions to the land use designations and a reduction in the total number of residential units to 5,610; and
WHEREAS, all mitigation measures identified within the previously certified EIR shall remain applicable to the proposed Project and will mitigation or avoid significant environmental impacts; and
WHEREAS, the Leavell Ranch project includes the following entitlements: Resolution 2025-115 (Addendum), Resolution 2025- 116 (Large Lot Tentative Subdivision Map), Resolution 2025-117 (Small Lot Tentative Subdivision Map) and this Development Agreement Resolution; and
WHEREAS, there is no evidence that implementation of the Project Development Agreement would result in any new significant environmental impacts or substantial increases in the severity of significant effects previously identified in the certified Village 1 Specific Plan EIR , as supplemented in 2023, and, therefore, no further environmental 18 analysis is required pursuant to CEQA Section 15182 (Projects Pursuant to a Specific Plan); and
WHEREAS, the City Council conducted a public hearing on this matter on July 22, 2025.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINCOLN does ordain as follows:
1. The City Council hereby incorporates by reference the recitals set forth above.
2. Development Agreement Findings. Pursuant to Section 18.84.070 of the Lincoln Municipal Code, the City Council finds and determines as follows:
a. The Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the City’s General Plan. The Leavell Ranch Project will increase the City’s housing stock (Policy LU -
1.7) and provide onsite open space (Policy LU -15.18) and pedestrian- friendly circulation that will connect to the City’s ultimate trail network consistent with General Plan policies LU -1.6, Goal T -5, and related policies.
b. The Development Agreement is consi stent with the objectives, policies, general land uses, and programs specified in the Village 1 Specific Plan (“Specific Plan”) because the Leavell Ranch Project will develop residential land uses; provide and connect to utility systems; and provide open space and protect wetlands and other sensitive habitats. c. The Development Agreement is compatible with the uses authorized by the Village 1 General Development Plan (“GDP”) because the proposed project abides by the land use designations and development standards prescribes by the GDP.
d. The Development Agreement conforms to public convenience, general welfare, and good land use practices in furtherance of orderly planning efforts.
e. The Development Agreement will not be detrimental to the health, safety, and general welfare of persons residing in the immediate area nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the City as a whole
f. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values. g. The Development Agreement is consistent with the provisions of Government Code sections 65864 through 65869.5 because it will vest development rights and assurances to the Developer and will ensure that 19 the Developer will be able to proceed with the development of the Leavell Ranch Project in accordance with the City’s rules, regulations, and official policies in effect on the effective date of the Development Agreement, subject to the conditions of approval.
3. This Ordinance is not subject to the California Environmental Quality Act (“CEQA”), as codified at Public Resources Code §§ 21000, et seq., and as further governed by 14 California Code of Regulations §§ 15000, et seq., because the EIR previously approved and adopted by the City Council was intended to be used in connection with each of the entitlements and subsequent approvals needed for the project consistent with other CEQA ppolicies and requirements applicable to tiered EIRs , and the action is further exempted by CEQA Guidelines Section 15182 (Projects Pursuant to a Specific Plan).
4. If any section, sub-section, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. City Council hereby declares that it would have adopted the Ordinance and each section, sub -section, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases or portions to be declared invalid or unconstitutional.
5. Within fifteen days of passage of this Ordinance, the City Clerk shall cau se the full text of the Ordinance, with the names of those City Councilmembers voting for and against the Ordinance, to be published in the Lincoln News Messenger.
In lieu of publishing the full text of the Ordinance, the City Clerk, if so directed by the City Attorney and within fifteen days, shall cause a summary of the Ordinance, prepared by the City Attorney and with the names of the City Councilmembers voting for and against the Ordinance, to be published in the Lincoln News Messenger, and shall post i n the office of the City Clerk a certified copy of the City Councilmembers voting for and against the Ordinance. The publication of a summary of the Ordinance in lieu of the full text of the Ordinance is authorized only where the requirements of Government Code § 36933(c)(1) are met.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lincoln held on August 12, 2025.
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
20 Holly Andreatta, Mayor
ATTEST:
Hope Ithurburn, City Clerk
21 SUBJECT:
Waive Second Reading and Adopt by Title Only an Ordinance Regulating the Operation of Food Trucks, and Further Finding the Ordinance is Exempt from Environmental Review under the California Environmental Quality Act ("CEQA"). (Kristine Mollenkopf)
SUBMITTED BY:
Kristi McKenney
DEPARTMENT:
City Attorney's Office
DATE:
August 12, 2025
Item Number 7.C
STAFF RECOMMENDATION:
Staff recommends the City Council waive second reading and adopt an Ordinance regulating the operation of food trucks, and further finding the Ordinance is exempt from environmental review under the California Environmental Quality Act (“CEQA”).
BACKGROUND/INTRODUCTION:
On July 22, 2025, the City Council held a public hearing, waived first reading, and with minor revision, introduced by title only an Ordinance adding Lincoln Municipal Code Chapter 5.25 regarding the operating of food trucks, and finding the Ordinance was exempt from CEQA.
A minor change was requested to (1) extend the allowable hours of operation from 7:00 a.m. to 12:00 a.m. (midnight), rather than 7:00 a.m. to 10:00 p.m.; and (2) allow for unlimited vending during that timeframe, limited only to one continuous vending service every three days per vendor per location, rather than merely 6 hours of vending within a 72-hour period.
That revision was incorporated into Section 5.25.050(P).
This second reading is necessary to enact the Ordinance.
FISCAL IMPACT:
The City will need to update its Master Fee Schedule to include a fee for a Mobile Food Truck Permit.
ATTACHMENTS:
Food truck ordinance.doc
STAFF REPORT
22 23
ORDINANCE NO. XXXX
AN ORDINANCE REGULATING THE OPERATION OF FOOD TRUCKS AND
FINDING THE ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, food truck sales nationally have achieved remarkable growth due to their popularity, demonstrating the economic impact of the food truck industry within the state and region; and
WHEREAS, the City currently does not have regulations for food trucks; and
WHEREAS, while many members of the public applaud the presence of diverse food trucks representing different cuisines and cultures, the City has been receiving increasing complaints regarding the growing presence of food trucks on private property in commercial zones, implicating health and sanitation concerns and in creased traffic and parking issues, particularly in the downtown area; and
WHEREAS, this Ordinance is necessary to regulate mobile food businesses to protect the health and welfare of the public; and
WHEREAS, the City desires to provide specific guidelines and requirements to ensure these businesses can operate safely and efficiently while minimizing potential risks to public health and safety; and
WHEREAS, by this Ordinance, the City seeks to balance the enthusiasm for mobile food trucks with the n eed to maintain orderly and safe public spaces , facilitating the growth of the mobile food industry in a manner that benefits both entrepreneurs and the community at large.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LINCOLN does ordain as follows:
Section 1. Incorporation of Recitals. The City Council hereby incorporates by reference the recitals set forth above.
Section 2. CEQA Analysis. This Ordinance is not subject to the California Environmental Quality Act (“CEQA”), as codified at Public Resources Code §§ 21000, et seq., and as further governed by 14 California Code of Regulations §§ 15000, et seq., because it is not a project as contemplated by 14 C.C.R. § 15378.
Section 3. Severability. If any section, sub -section, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. City Council here by declares that it would have adopted the Ordinance and each section, sub -section, sentence, clause, phrase or portion thereof, 24 irrespective of the fact that any one or more sections, sub -sections, sentences, clauses, phrases or portions to be declared invalid or unconstitutional.
Section 4. Publication. Within fifteen days of passage of this Ordinance, the City Clerk shall cause the full text of the Ordinance, with the names of those City Councilmembers voting for and against the Ordinance, to be publi shed in the Lincoln News Messenger. In lieu of publishing the full text of the Ordinance, the City Clerk, if so directed by the City Attorney and within fifteen days, shall cause a summary of the Ordinance, prepared by the City Attorney and with the names of the City Councilmembers voting for and against the Ordinance, to be published in the Lincoln News Messenger, and shall post in the office of the City Clerk a certified copy of the City Councilmembers voting for and against the Ordinance. The publication of a summary of the Ordinance in lieu of the full text of the Ordinance is authorized only where the requirements of Government Code § 36933(c)(1) are met.
Section 5. Enactment. Chapter 5.25 of the Lincoln Municipal Code is hereby enacted as follows:
Chapter 5.25 FOOD TRUCKS
5.25.000 Purpose and intent.
A. The purpose of this Chapter is to regulate mobile food vendors to ensure that operations do not conflict with the functional aspects of commercial site and building operations.
B. The City must protect the public by ensuring mobile food facilities are operated in a safe manner and do not create nuisances or hazards. Reasonable regulations are necessary to ensure that mobile food facilities are :
1. Operated in accordance with health, safety, and traffic laws of the state.
2. Operated in accordance with parking ordinances of the city.
3. Do not cause public safety problems by contributing to traffic congestion.
4. Do not create pedestrian and vehicular conflicts.
5. Do not disturb the quiet use and peaceful enjoyment of residential neighborhoods.
C. Regulations in this Chapter are enacted in accordance with the authority granted in Section 22455 of the California Vehicle Code and California Health and Safety Code Section 114315 et seq. (the “California Retail Food Code”), as each may be amended from time to time.
5.25.010 Definitions.
The following words and phrases, whenever used in this Chapter, shall be construed as defined in this Section:
“City” means the City of Lincoln.
“Code” means the Lincoln Municipal Code and all codes incorporated therein by reference. “Food” shall be as defined in Health and Safety Code Section 113781 or any successor provision. “Food facility” shall be as defined in Health and Safety Code Section 113789 or any successor provision. “Food truck” means a mobile food facility as defined in Health and Safety Code Section 113831 or any successor provision and any vehicle as defined in Section 670 of the California Vehicle Code, which is equipped and used for retail sales of prepared, prepackaged, or unprepared food or foodstuffs of any kind that parks at one or 25 more locations within the City. A food truck shall also include any trailer or wagon equipped and used as described in this definition and pulled by a vehicle.
“Food truck permit” or “permit” means the permit issued to a property owner or lessee with authority allowing food trucks to operate on private property pursuant to this Chapter. “Food truck vendor” or “vendor” means an individual or business responsible for or utilizing a food truck to sell, offer for sale, or distribute food.
“Hand washing facility” means a facility providing either a basin, container, or outlet with an adequate supply of potable water, soap, and single-use towels, as further defined in Health and Safety Code Section 114359. “Health Officer” shall be as defined in Health and Safety Code Section 111015. “Special event” means any outdoor event designated for the exclusive use of the event organizer utilizing public areas, including streets and parking lots temporarily closed by the City, and inc luding those events approved pursuant to Section Chapter 5.16 of Title 5.
“Toilet facility” means a fixture maintained with a toilet room for the purpose of defecation or urination or both, as further defined in Health and Safety Code Section 114359. “Vend” or “vending” means to offer for sale or distribution
5.25.020 Health and Sanitation
It is unlawful for any person to operate a food truck on public or private property without a valid health permit from the Placer County Health Officer. The Health Permit shall be displayed conspicuously at all times on the vendor’s vehicle.
5.25.030 Public Property
A. No food truck shall operate on public or City-owned property, or within any City park or recreation facility without a food truck permit in place.
B. The city may issue a food truck permit for a single day event in conjunction with a special event that complies with the applicable provisions of this code and for which a permit has been issued. A single event permit may only be issued for exclusively residentially zoned districts once per year.
5.25.040 Private Property
A. No food truck shall operate on private property without written autho rization from the property owner or lessee with authority to grant such authorization.
B. Written proof of approval of the property owner or lessee shall be maintained by the vendor on site. The person operating the mobile vendor vehicle shall present this proof upon the demand of a peace officer or City employee authorized to enforce this Chapter.
C. The private property owner wishing to authorize food truck vending shall obtain a food truck vendor permit authorizing operations in compliance with Section 5.25.050.
5.25.050 Operations
All food truck vendors are subject to the following conditions:
A. Food trucks shall operate within a level parking area, where it can be demonstrated that any off - street parking spaces located in that area are not otherwise reserved, encumbered, or designated to satisfy the off-street parking requirement of a business or activity that is operating at the same time as the food truck.
26 B. Vendors shall not use or permit use of parking spaces on the site (e.g., customer queuing, tables, chairs, portable restrooms, signs, and any other ancillary equipment) if doing so will adversely affect the required off-street parking available for the primary use(s) of the site during peak periods as determined by the City Manager or designee.
C. Vendors shall have adequate lighting to ensure customer safety either on the vehicle or at the location of the vehicle during business hours.
D. No food truck shall display free standing signs or banners. Any signage shall be attached to the vehicle and be in compliance with Title 16 of the Lincoln Municipal Code.
E. No food truck shall be located within fifty feet (50’) of any street or roadway intersection, crosswalk, fire hydrant, signal crossing, or bus stop.
F. No food truck shall locate their operation in such a way that would restrict the ingress or egress from the adjoining property.
G. No vendor shall sell food and beverage items not regulated under the California Retail Food Code (California Health and Safety Code Division 104, Part 7, Section 113700 et seq., or as may be amended from time to time).
H. No vendor shall locate their operation in such a way that would restrict accessibility routes and curb cuts.
I. No vendor shall roll up onto the sidewalk or cause traffic to blocked or delayed.
J. No vendor shall locate their operation in such a way that would restrict access to trash enclosures.
K. No vendor shall locate their operation in such a way that would restrict off -street parking .
L. No vendor shall conduct business with customers in moving cars.
M. Vendors shall provide a visible trash receptacle for use by customers.
N. Vendors shall regularly pick up, remove, and dispose of all trash or refuse from their operation that remains within two hundred feet (200’) of the vendor’s position. Regularly means not less than every one hour. For vendors that operate less than one hour at a location, the vendor shall pick up, remove and dispose of all trash or refuse prior to leaving the location.
O. Vendors shall not dump any wastewater; neither fresh or gray into storm drains, water ways o r any other unauthorized locations.
P. No vending shall occur between the hours of 12:00 a.m. (midnight) and 7:00 a.m. and no overnight parking shall be permitted. Through the permit process, the City Manager or designee at their sole discretion may impose shorter hours of operation or allow longer hours of operation depending on the type of vending and location. Food sales (not including set-up and take-down) shall be limited to one (1) continuous operation of unlimited duration during that timeframe, at a single location in a seventy-two (72) hour period, unless otherwise authorized by permit or entitlement issued by the City. For purposes of this Section, “a single location” shall extend to a five hundred (500’) foot radius of the original location, thereby prohibiting a separate operation from occurring within said radius within the 72-hour time restriction.
Q. No vendor shall operate more than two hundred feet (200’) travel distance of an approved and readily available toilet and hand washing facility to ensure that restroom facilities are available to the food truck permit holder and any of its employees whenever operating for more than a one (1) hour period.
R. No vendor shall vend within three hundred feet (300’) of a Downtown Lincoln special event or othe r designated special event for one hour before, during or after the reserved event time, unless the vendor is approved by the event’s sponsor to participate in the event. 27 S. Vendors shall not use City utility connections, including water and electricity, without prior written approval from the City.
T. Vendors shall not leave vehicles or items unattended or stored on public property or private property.
U. All vendors shall comply with the California Vehicle Code and California Health and Safety Code.
V. Food trucks may not operate in an exclusively residentially zoned district in the City, except for private events as provided for in Article 5.16 of Chapter 5 of Title 5.
W. Vendors shall not operate in an unsafe manner, including but not limited to, impeding on - or offsite vehicle circulation and obstructing the view of pedestrians by motorists.
X. All vendors shall have a valid City of Lincoln business license.
5.25.060 Public Right-of-Way
For a food truck permit authorizing vendor operations on public property per Section 5.25.30A, all of the following additional requirements of the vendor shall apply:
A. No food truck shall vend in any one location on a public street for more than ten (10) minutes in any four (4) hour period unless otherwise authorized by the City Manager or designee. “Location” for purposes of this Section shall mean a radius of five hundred feet (500’) from the original position of the food truck.
B. No food truck shall locate within five hundred feet (500’) of a freeway entrance or exit.
C. No food truck shall locate within any public street adjacent to a curb which has been duly designated by the City as a green, yellow, blue or red zone.
D. The vehicle shall be legally parked and shall not stop, stand, or park in any clear vision triangle or no parking zone.
E. Vehicles shall not occupy more than two on-street parking spaces in the public right-of-way in commercial zones.
F. Vendors shall limit food and beverage service to that side of the food truck facing away from the street.
G. As part of the food truck permit, Vendors shall be required to indemnify, defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, losses, expenses, and other liabilities (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of or in connection with operation of the food truck on City right-of-way, regardless of fault, unless the injuries or damages are the result of the City’s sole negligence or willful misconduct.
H. As part of the food truck permit, Vendors shall be required to provide evidence of (1) liability insurance in the amount of not less than two million dollars ($2,000,000) per occurrence, four million dollars (4,000,000) aggregate covering liability associated with operation of the food truck; and (2) automobile insurance in the amount of not less than one million dollars ($1,000,000) commercial auto liability coverage. The insurance shall be at vendor’s sole cost and expense and shall be in full force and effect at any time the vendor is operating in the City. Prior to operations, the vendor shall deliver to the City a certificate of insurance which includes all required coverages, endorsements, and nam es the City of Lincoln as additionally insured and as the certificate holder. 28 5.25.070 Supplemental regulations.
The City Manager and designees are hereby authorized to adopt supplemental rules and regulations, and to develop all related forms and/or other materials for permits and other documents, reasonably necessary to implement this Chapter, and to make such interpretations of this Chapter as they may consider necessary to achieve the purposes of this Chapter. Violations of supplemental rules and reg ulations shall be considered violations of this Chapter.
5.25.080 Violations.
A. In addition to all other legal actions authorized under local, State or Federal law, violations of this Chapter or the conditions of a food truck permit shall be subject to the penalty and enforcement provisions of the municipal code, including, but not limited to, Article 1.20.020 of Chapter 1.20 of Title 1.
For purposes of this Chapter, the private property owner, food truck vendor and owner of the food truck, when applicable, shall be considered responsible parties for purposes of enforcement.
B. The City may suspend for up to thirty (30) days or revoke any food truck permit issued when any one or more of the following grounds are found to exist:
1. Violation of this Chapter or provisions of a food truck permit.
2. Violation of local, State or Federal law in connection with vendor activity.
3. When a vendor’s permit was issued under fraudulent circumstances or mistake.
4. When necessary to protect the public health, safety, or welfare.
C. In connection with suspension or revocation of a food truck permit or violations of this Chapter, the City may confiscate property used in connection with vending upon a determination that confiscation of the property is necessary to protect the public health, safety, or welfare.
D. The following procedures shall apply for suspensions, revocation, and confiscation:
1. Prior to revocation or suspension of a permit and/or confiscation of property, the City shall provide written notice to the vendor and private property owner, as applicable, stating the reasons for the action by personal notice or certified mail.
2. The notice shall provide information on the appeal process and explain that a suspension may lead to a permanent revocation of the permit.
3. Unless immediate suspension and/or confiscation is necessary to protect the public health, safety, and welfare, prior to taking final action the City shall afford the vendor, vehicle owner and property owner, when applicable, an opportunity for an appeal hearing pursuant to the procedures set forth in Article 1.20.060 of Chapter 1.20 of Title 1. For immediate suspensions and/or confiscations, the appeal hearing, if requested, shall be held within ten (10) business days after the filing of the appeal.
4. If an appeal is filed, the hearing officer may permanently revoke the permit, reinstate the permit, conditionally reinstate the permit, or modify the suspension, based upon findings related to circumstances described in this Section. The hearing officer shall also make appropriate findings regarding any confiscation.
INTRODUCED at a regular meeting of the City Council of the City of Lincoln held on July 22, 2025.
PASSED AND ADOPTED this 12th day of August, 2025.
29 AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Holly Andreatta, Mayor
ATTEST:
Hope Ithurburn, City Clerk
30 SUBJECT:
Adopt a Resolution (1) Authorizing the City Manager to
Execute a Contract for Construction with R & R Pacific
Construction in the amount of $1,512,120 for the Construction of the I Street Rehabilitation Capital Improvement Project (CIP) 601 and Authorize the City Engineer to Approve change orders not to exceed $226,818; (2) Authorize the City Manager to Execute a Contract with UNICO Engineering for Construction Management and Inspection Services in the amount of
$363,699.
(Araceli Cazarez)
SUBMITTED BY:
Araceli Cazarez
DEPARTMENT:
Engineering
DATE:
August 12, 2025
Item Number 7.D
STAFF RECOMMENDATION:
Staff recommends that the City Council adopt a resolution (1) authorizing the City Manager to execute a contract for construction with R & R Pacific Construction in the amount of $1,512,120 for the construction of the I Street Rehabilitation Capital Improvement Project (CIP) 601 and authorizing the City Engineer to approve change orders not to exceed $226,818; (2) authorizing the City Manager to execute a contract with UNICO Engineering for construction management and inspection services in the amount of $363,699.
BACKGROUND/INTRODUCTION:
The Fiscal Year 2021/2022 budget includes I Street Rehabilitation Capital Improvement Project (CIP) 601. The project will include reconstruction of pavement, curb and gutter, sidewalk, driveway conforms, curb ramps and pavement striping on I Street between 1st Street to 6th Street.
On April 22, 2025, a Task Order with REY Engineers, Inc. was executed through the City’s On-Call Contract for professional engineering services for the design of the I Street Rehabilitation.
On July 11, 2025, REY completed the plans and technical specification, and City Staff published the invitation for bids in the Lincoln New Messenger, PlanetBids and the City website.
STAFF REPORT
31 FINDINGS/ANALYSIS:
Bids were received by the City Clerk at 2:00 P.M. on August 7, 2025. Responsive bid proposals were received from eight (8) contractors and are included in Attachment B.
Contractor
Base Bid Amount
George Reed Inc.
$957,278
DeSilva Gates Construction
$1,025,025
McGuire and Hester
$979,991
Mountain Cascade Inc.
$970,734
Martin Brothers Construction
$1,207,147
B & M Civil LLC
$1,134,653
R & R Pacific Construction
$860,851
All Phase Construction Inc.
$862,880
Staff has reviewed the bids and recommends the City award a construction contract (Attachment A) to the lowest responsive and responsible bidder, R & R Pacific Construction, in the amount of $860,851 for the. Additionally, in light of the favorable numbers for the base bid, staff also recommends the City award Alternate #1 for $103,330, Alternate #2 for $319,908, Alternate #3 for $198,892, and Alternate #4 for $29,139 for a total contract amount of $1,512,120. The construction contingency has been set to approximately 15%.
The work will commence upon award of contract. The project is currently programmed with the following milestone schedule:
Award Contract for Construction: August 2025
Issue Notice to Proceed: August/September 2025 Begin Construction: September 2025 End Construction: November 2025
ENVIRONMENTAL REVIEW:
The proposed project qualifies for a categorical/statutory exemption under Class 1, Section 15301 and Class 2, Section 15302, and thereby is exempt from further environmental review under the California Environmental Quality Act Guidelines. This project consists of the replacement of existing utility systems and reconstruction of existing streets and involves negligible expansion of capacity or use.
FISCAL IMPACT:
Budgeted
CIP 601 I Street Rehabilitation
Fund 2210 $ 573,536
Fund 2230 $1,526,464
Total $2,100,000 The I Street Rehabilitation Project will be augmented from the following budgeted projects as well:
CIP 647 – Curb Ramp Replacement available balance $ 482,188 32 Total Available (CIP601 & 647) $ 2,582,188
Project Encumbrances
Fund 2210
REY Engineering Inc. - Design $ 98,300
Total Funds Available (CIP 601 & 647) $2,483,888
Remaining Budget Needed
Fund 2210 & Fund 2230
R & R Pacific Construction – Construction $1,512,120 Construction Management/Inspection $ 363,699 Contingency (15%) $ 226,818 Total $2,102,637
Remaining Project Balance $381,251
ATTACHMENTS:
I Street CIP601_Construction_and_CM_Contract.DOC1.Resolution.2025Aug12.jespartero - BudgetAugment.doc
I Street CIP601_Construction_and_CM_Contract.DOC2.Attach A_Contract.2025Aug12.jespartero.pdf
I Street CIP601_Construction_and_CM_Contract.DOC2.Attach B_Combined Bids.2025Aug12.jespartero.pdf
I Street CIP601_Construction_and_CM_Contract.DOC4.Attach C_UNICO TO.2025Aug12.jespartero.pdf
33 RESOLUTION 2025 - ###
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINCOLN (1)
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR
CONSTRUCTION WITH R & R PACIFIC CONSTR UCTION IN THE AMOUNT OF $1,512,120 FOR CONSTRUCTION OF THE I STREET REHABILI TATION (CIP 601)
AND AUTHORIZING THE CITY ENGINEER T O APPROVE CHANGE ORD ERS NOT TO EXCEED $266,818; AND (2) AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT WITH UNICO ENGINEERING FOR CONS TRUCTION MANAGEMENT AND INSPECTION SERVICES IN THE AMOUNT OF $363,699.
WHEREAS, The Capital Improvement Program (CIP) for FY 2021/22 includes CIP 601 – I Street Rehabilitation; and
WHEREAS, Bid Documents were prepared, titled I Street Rehabilitation CIP 601; and
WHEREAS, The Notice to Bidders was duly advertised, and a public bid opening was held by the City Clerk at 2:00 pm on Thursday, August 7, 2025; and
WHEREAS, R & R Pacific Construction was determined to be the responsible bidder submitting the lowest responsive bid in the amount of $ 860,851 for the base bid; and
WHEREAS, Awarding Alternate #1 for $ 103,330, Alternate #2 for $ 139,908, Alternate #3 for $ 198,892 and Alternate #4 for $ 29,139 for a total contract amount of $1,512,120 is in the best interest of the City; and
WHEREAS, UNICO Engineering will perform construction management and inspection services through the on-call professional services contract authorization.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lincoln authorizes:
1. The City Manager to execute a Contract for Constr uction with R & R Pacific Construction, Inc. in the amount of $1,512,120 for the I Street Rehabilitation Project and authorize the City Engineer to approve change orders not to exceed $266,818.
2. The City Manager to execute a contract with UNICO Engineering for construction and management and inspection services in the amount of $363,699.
PASSED AND ADOPTED this 12th day of August, 2025.
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
34 ABSENT: COUNCILMEMBERS:
Holly Andreatta, Mayor
ATTEST:
Hope Ithurburn, City Clerk
35 V - 1
CITY OF LINCOLN
Agreement for the Construction of the
I STREET REHABILITATION
THIS AGREEMENT, made and entered on, (DATE) ________________, by and between the CITY OF LINCOLN, a municipal corporation, (hereinafter referred to as "City"), and R & R Pacific Construction, a (California Corporation, Limited Liability Company, etc.).
W I T N E S S E T H:
RECITALS:
WHEREAS, the City Council of the City of Lincoln has awarded a contract to Contractor for performance of the work set forth herein.
AGREEMENTS:
SECTION 1 - SCOPE OF WORK:
Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor and materials necessary to perform and comp lete in a good and workmanlike manner, and in strict accordance with the Contract Documents as defined in section 7 hereof, the work of: I Street Rehabilitation, City of Lincoln, County of Placer, State of California, as called for in the drawings and specifications adopted by the City, which drawings and specifications have been executed by the parties to this agreement. It is unde rstood and agreed that said tools, equipment, apparatus, facilities, labor and materials shal l be furnished, and sa id work performed and completed as required in the Contract Documents, under the direction and supervision of, and subject to the approval of the City and its duly authorized representatives.
SECTION 2 - TIME OF COMPLETION:
The contract time du ration shall co mmence on the 15
th calendar days following contract
approval by the City of Lincol n City Council and sh all be fully complete d no later than One hundred thirty (130) working days thereafter, or such additi onal time as may have been provided by change order, pursuant to the Contract Documents.
Time is of the essence of this agreement.
36 V - 2
SECTION 3 - CONTRACT PRICE:
City shall pay Contractor for the full and co mplete performance of this contract the sum of One million five hundred twelve thousand one hundred twenty Dollars ($1,512,120), subject to adjustments as provided in the Contract Documents.
SECTION 4 - MONTHLY PROGRESS PAYMENTS:
Monthly progress payments shall be made in accordance with Article 23 of the General Conditions of these Contract Documents.
SECTION 5 - FINAL PAYMENT:
Final payment shall be made in accordan ce with Article 25 of the General Conditions of these Contract Documents.
SECTION 6 - ACCEPTANCE OF FINAL PAYMENT AS RELEASE:
The acceptance by the Contractor of final payment shall be and shall operate as a release to the City of any and all claims and all liability to the Contractor for all things done or furnished in connection with this work and for every act and/ or neglect of the City or others relating to or arising from the work. No payment, however, fi nal or otherwise, shall operate to release the Contractor or his sureties fr om any obligations under this co ntract or the performance and payment bonds required by this contract.
SECTION 7 - CONTRACT DOCUMENTS:
The complete contract between the parties hereto shall consist of the following documents herein referred to as the "Contract Documents":
Notice to Bidders
Information for Bidders
Bid Form
Designation of Subcontractors
This agreement
Bidder’s Bond
Payment Bond
General Conditions
Special Provisions
Contract Drawing
Technical Specifications
Duly issued addenda
Duly issued interpretations
Supplemental Drawings iss ued pursuant to Article 4 of the General Conditions Shop Drawings and Manufact urers' Instructions approved pursuant to Article 5 of the General Conditions
37 V - 3
Approved Change Orders
Contractors' Guarantee and Bond
Such documents, collectively referred to herein as the Contract Documents, hereby are incorporated herein by this reference and made a part hereof.
IN WITNESS WHEREOF, the parties hereto executed this agreement the day and year first above written.
CITY: CITY OF LINCOLN
By : __________ _____________________
City Manager
ATTEST: APP ROVED AS TO FORM:
_____________________________ _______________ ____________ City Clerk City Attorney
_____________________________ _______________ ____________ D a t e d D a t e d
(SEAL)
CONTRACTOR:
___________________________________
Signature
___________________________________
Name
_________ _________________________
Official Title
___________________________________
Business Address
___________________________________
___________________________________
38 V - 4
CORPORATE CERTIFICATE
I, _________________, certify that I am th e Secretary of the co rporation named as Contractor in the fo regoing contract; that ________________, who signed said contract on behalf of said corporation is authorized to fully bind the corporation to this agreement; that said contract was duly signed for and on behalf of said corporation by authority of its governing body and is within the scope of its corporate powers.
(Signature)
(Seal)
39 V - 5
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the City Council of the City of Lincoln, St ate of California, has awarded to CONTRACTOR (hereinafter designated as "Principal") a contract for I Street Rehabilitation; and
WHEREAS, said Principal is required under the terms of said contact to furnish a bond for the faithful performance of said contract;
NOW, THEREFORE, we, the Principal and as Surety, are held and firmly bound unto the City of Lincoln (hereinafter ca lled "Owner"), in th e sum of One million fi ve hundred twelve thousand one hundred twenty Dollars ($1,512,120), lawful money of the United States, for the payment of which sum well and tr uly to be made, we bind ourse lves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said contract and any alteration ther eof made as therein provided, on hi s or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless Owner, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force, virtue, and effect.
And said Surety for value received, thereby expressly acknowledges and agrees that no change, extension of time, forbearance or waiver, prepayment or delay in payment, alteration or addition to the terms of the Co ntract Documents, whether by virtue of the provisions for modifications contained therein or by separate agreement between the Contractor and the City of Lincoln, shall in any manner affect its obligations on this agreement, and said Surety hereby expressly waives notice of and consents to any such change, forbearance or waiver, extension of time, prepayment or delay in payment, alteration or addition. Said Surety hereby expressly acknowledges and agrees to be bound by the terms and conditions contained in the contract documents and any amendment and/or modificati ons thereto, and said contract documents, amendments and modifications are hereby incorporated in this performance bond as though fully set forth herein.
In the event suit is brought upon this bond by Owner and judgment is recovered, Surety shall pay all costs incurred by Owner in such suit, including a reasonable attorneys' fees to be fixed by the Court.
Death of the Principal shall not relieve Surety of its obligations hereunder.
IN WITNESS WHEREOF, two identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by Principal and Surety above named, on the _____________ day of _____________________, 2025. 40 V - 6
_____________________________ (SEAL)
_____________________________ (SEAL)
_____________________________ (SEAL)
PRINCIPAL
_____________________________ (SEAL)
_____________________________ (SEAL)
_____________________________ (SEAL)
SURETY
NOTE:
Signatures of those executing for Surety must be properly acknowledged.
The bond must be accompanied by a power of attorney from the Surety authorizing its agent to bind it to this bond . A copy of such power of attorney shall be on file with the Lincoln City Clerk.
41 V - 7
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City Council of the City of Lincoln, State of Calif ornia, and R & R Pacific Construction (hereinafter designated as "Principal") have entered into an agreement for the furnishing of all materials, labor, services, and transportation, necessary, convenient, and proper to I Street Rehabilitation which said agreement dated , and all of the Contract Documents attached to or forming a pa rt of said agreement, are hereby referred to and made a part hereof; and
WHEREAS, pursuant to law, the Principal is required before entering upon the performance of the work, to file a good an d sufficient bond with the body which awards the contract, to secure claims to which reference is made in Chapter 7 of Title 15 of the Civil Code of California.
NOW, THEREFORE, said Princi pal and the undersig ned __________ _________, as corporate surety, are he ld and firmly bound unto the City of Lincoln, and unto all laborers, material, men, and other persons referred to in said statutes, in the sum of One million five hundred twelve thousand one hundred twenty Dollars ($1,512,120), lawful money of the United States, for the payments of which sum well an d truly made, we bind ourselves, our heirs, executors, administrators, successors, or assigns, jointly and severally by these presents.
The condition of this obligation is such that if the said Principal or any of his or its subcontractors, or the heirs, executors, administr ators, successors, or as signs of any, all or either of them, shall fail to pay any of the pers ons named in Civil Code section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employ ees of the Principal and his subcontractors pursuant to section 18806 of the Revenue and Taxation Code, with respect to such work and labor, that the Surety herein will pay for the same in an amount not to exceed the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said Surety will pay a reasonable attorneys' fee to be fixed by the Court.
This bond shall inure to the benefit of any of the persons named in Civil Code section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force, virtue and effect.
And said Surety for va lue received, hereby expressly ac knowledges and agrees that no change, extension of time, forbearance or waiver, prepayment or delay in payment, alteration or addition to the terms of the Co ntract Documents, whether by virtue of the provisions for modifications contained therein or by separate agreement between the Contractor and the City of Lincoln, shall in any manner affect its obligations on this agreement, and said Surety hereby 42 V - 8
expressly waives notice of and consents to any such change, forbearance or waiver, extension of time, prepayment or delay in payment, alteration or addition.
Death of Principal shall not relieve Surety of its obligations hereunder.
IN WITNESS WHEREOF, two identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the _____________________ day of _____________, 2025.
_____________________________ (SEAL)
_____________________________ (SEAL)
_____________________________ (SEAL)
Principal
_____________________________ (SEAL)
_____________________________ (SEAL)
_____________________________ (SEAL)
Surety
___________________________________
___________________________________
NOTE:
Signatures of those executing for Su rety must be properly acknowledged.
The bond must be acco mpanied by a power of attorney from the Surety authorizing its agent to bind it to this bond . A copy of such power of attorney shall be on file with the Lincoln City Clerk.
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Engineering Department
On-Call Contract for Professional Services
Consultant: UNICO Engineering
Project Name: I Street Rehabilitation
Task Order
Date Requested: July 31, 2025
Contract#: ___________
This Task Order, authorized through the On-Call Contract by and between the City of Lincoln (“CITY”), and UNICO Engineering. (“CONSULTANT”), was approved on June 28, 2022, per Resolution No. 2022-158. This Task Order is being requested for the following services (see attachment for the full detailed scope of work).
1. Sub-task 1: Construction Management (CM) and Inspection services for the I Street Rehabilitation project. This task order will provide funding to support the required construction management and inspection services needed to complete the project.
Consultant shall perform services on the project described above. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Contract as it pertains to the project described above.
Project Budget –
Project Budget: $ 363,698.15
Account Code(s): CIP601-804-80070-2230, CIP601-804 -80070-2210
The work described above and herein attached as the Scope of Work is hereby authorized by the following agency representatives.
Approved by: Approved by:
City of Lincoln UNICO Engineering
Signature: ________________________ Sig nature: _________________________ Name: Araceli Cazarez_______________ Name: _______ _____________________ Title: Project Manager _________ Title: _________ ____________________ Date: _____________________ Date: _______________ ______
Signature: ________________________ Sig nature: _________________________ Name: Vin Cay _______________ Name: ______________ ______________ Title: City Engineer__________________ Title: _____________________________ Date: _____________________ Date: _______________ ______
Signature: ________________________
Name: Sean Scully_______________
Title: City Manager___________
Date: _____________________
This Task Order Amendment is executed this ____ day of _________________, 2025. 114
80 Blue Ravine Road, Suite 250
Folsom, CA 95630
www.unicoengineering.com • 916.900.6623
Client Focused • Quality Driven
July 30, 2025
Araceli Cazarez | Engineering Manager
City of Lincoln | Capital Projects
600 6th Street
Lincoln, CA 95648
Subject: Proposal to Provide Construction Management, Inspection, and Materials Testing Services for CIP-601 I Street Rehabilitation Project
Dear Ms. Cazarez,
Thank you for the opportunity to provide a proposal for construction management, inspection, and materials testing services for the above-referenced project. The attached proposal outlines the specific work effort required to meet the goals of your project as we understand them.
Our team is comprised of Josh McGee and Pablo Romero. Josh and Pablo have been working collaboratively with the City for over three years and have established relationships with City staff to streamline communications and utility services as issues arise. Josh and Pablo have effectively managed FDR-C projects in Lincoln previously; notably, First Street Resurfacing Phase 1 and Joiner Parkway Pavement Rehabilitation Phase 2. Supporting Josh and Pablo, UNICO will provide an Office Engineer to assist with document control, as well as a seasoned Inspector with knowledge of Lincoln design standards. UNICO is dedicated to partnering with our clients to develop trust-based relationships centered on moving their projects forward. Once we have confirmed that this proposal meets your needs, we will meet with you to discuss the tasks to be done and your required schedule for completion.
As the President of UNICO, I am authorized to bind the company into a contract with the City and can be reached at 530.903.9023 or via email at [email protected]. Construction Manager and Inspection Services Area Lead, Josh McGee, is also available to answer questions and can be reached at 916.936.9464 or via email at [email protected]. We look forward to working with the City on this project.
Sincerely,
UNICO Engineering, Inc.
Cesar Montes de Oca, PE
President
115
Client Focused • Quality Driven Page | 2
PROJECT UNDERSTANDING
The I Street Pavement Rehabilitation Project currently estimated for 120 working days (between 1st Street and 6th Street) for the City of Lincoln includes Full-Depth Reclamation with Cement (FDR-C) with 3-inches of asphalt paving, storm drain improvements, and the addition of designated bike lanes. The scope of work also includes the installation of new curb and gutters, coordination with the existing utilities, and adjustment of utility covers to final grade. ADA compliant curb ramps will be constructed at all corners of 2nd, 4th, and 5th Streets, the southwest and northeast corners of 3rd Street and the southwest corner of 6th Street. Slope verification and water testing will be performed at all newly constructed ramps for proper drainage and compliance with ADA standards.
The Construction Management team understands the importance of complying with lane closure restrictions when school is in session. Close coordination with the Contractor will take place so that work begins and ends within the specified times outlined in the contract documents, to mitigate impacts to school traffic, student drop-off and pick-up, and to reduce impacts to the public. Additionally, the team will work with the Contractor to maintain a continuous and safe path of travel for pedestrians throughout the duration of the project.
A. CONSTRUCTION ADMINISTRATION AND MANAGEMENT
UNICO will provide two part-time Certified Construction Managers (CCM). The CCM’s will work with the City to deliver the project in accordance with the contract plans, specifications, and the associated referenced documents.
UNICO’s team will also provide office engineering and document control. Office engineering will consist of document management and filing, preparation of quantity sheets, progress payment processing, and various other tasks. UNICO will spot check the Contractor’s certified payroll for compliance with prevailing wages, perform monthly Contractor employee interviews to confirm payment in accordance with prevailing wages, and check the Contractor’s use of apprentices for compliance with federal law.
Deliverables: Weekly Reports and Statement of Working Days Contract Changes
Meeting Agendas and Minutes
Document Review and Processing (Submittals, RFIs, Letters, PCOs, etc.) Quantity Calculations and Pay Requests
Document Control and Filing
Spot Checking of Contractor Payroll and Track Contractor’s Use of Apprentices Perform Monthly Employee Interviews
Project Status Logs (Submittals, RFI, Material Testing, CO, PCO, FCD, etc.)
116
Client Focused • Quality Driven Page | 3
B. CONSTRUCTION INSPECTION
UNICO will provide a full-time Inspector for this project. The Inspector will prepare daily reports that will be sent to the City on the same day or the morning of the day following when the inspection was performed. In addition to the working days that the Inspector will be on the project, UNICO will include time for the Inspector to become familiar with the project and participate in project close-out. Along with the typical inspection duties, our Inspector will focus on the following:
• Enforcing the contract working hours
• Monitoring pedestrian safety
• Monitoring of dust and tracking
• Materials quantity measurement
• Interfacing with local businesses and residents as necessary Deliverables: Daily Inspection Reports
Quantity Calculations
Photographs
C. MATERIALS TESTING
UNICO’s subconsultant, Geocon, will perform materials testing. The scope of testing and inspection services for the project is based upon the requirements of the project plans, specifications, geotechnical evaluation, and the City’s QAP.
Deliverables: Materials Testing Reports
Materials Testing Log
TIME AND MATERIALS FEES FOR PROFESSIONAL SERVICES
A. CONSTRUCTION ANDMINSTRATION AND MANAGEMENT .......................................... $123,596.19 B. CONSTRUCTION INSPECTION ...................................................................................... $169,051.95 C. MATERIALS TESTING (INCLUDING ODC) ........................................................................ $71,050.00
TOTAL ..................................................................................................................... $363,698.15
A cost breakdown is attached.
117
80 Blue Ravine Rd – Suite 250
Folsom, CA 95630
916-900-6623
Josh McGee, CCM
Construction Manager
(Contract Manager)
Pablo Romero, EIT/CCM
Construction Manager
(Contract Manager)
Staff,
Office Engineer
Staff,
Construction Inspector
Staff
Construction Inspector (OT)
Staff
Principal Engineer
Staff
Project Engineer
Staff
Field Services Manager
Staff
Field Technician II (PW3)
Staff
Field Technician II (PW3) (OT)
Staff
Word Processing/Technical
Editor
Billing Rate 212.20$ 175.97$ 116.45$ 168.21$ 252.32$ 215.00$ 160.00$ 140.00$ 150.00$ 225.00$ 100.00$ Task # Task Description
1 Construction Administration and Management 120 240 480 123,596.19$ 2 Construction Inspection 960 30 169,051.95$
3 Materials Sampling and Testing 6 40 8 204 15 6 43,385.00$ 120 240 480 960 30 6 40 8 204 15 6 336,033.15$
20,475.00$
7,190.00$
363,698.15$
Geocon -Vehicles and Equipment
Geocon - Laboratory Testing
Other Direct Costs
City of Lincoln
CIP 601 - I Street Rehabilitation (120 Working Days Inc. Alts) Total Hours
UNICO Engineering Geocon
Total
7/30/2025
118
SUBJECT:
Waive the Second Reading and Adopt by Title only
Ordinance
No. 1095B
Amending Sections of the Lincoln Municipal Code
Title 13 - Public Services regarding Water Connection Charges and further finding the Ordinance is Exempt from
Environmental Review under the California Environmental Quality Act (CEQA). (Chris Nelson)
SUBMITTED BY:
Christian Punsal
DEPARTMENT:
Public Works
DATE:
August 12, 2025
Item Number 7.E
STAFF RECOMMENDATION:
Staff recommends that the City Council of the City of Lincoln waive the second reading and introduce, by title only,
Ordinance No. 1095B
amending Section 13.04.160 of the Lincoln
Municipal Code establishing water connection charges.
BACKGROUND/INTRODUCTION:
On July 22, 2025, the City Council of the City of Lincoln held a public hearing, waived the first reading, and introduced by title only Ordinance No. 1095B, amending Chapter 13.04.160 of the Lincoln Municipal Code establishing water connection charges.
ENVIRONMENTAL REVIEW:
The proposed action is not a project pursuant to California Environmental Quality Act (CEQA) Guidelines 15378(b)(4) and (5); and if were to be deemed a project, is exempt from CEQA pursuant to Sections 15061(b)(3) and 15273, 15313 and 15317.
FISCAL IMPACT:
Source Water Connection Fees ensure that the City can continue to provide necessary source water capacity to serve new development without becoming an obligation of the Water Enterprise Fund or General Fund.
STAFF REPORT
119
ATTACHMENTS:
Attachment_A_Ordinance_to_update_Water_Connection_Fee.docx 120
ORDINANCE 1095B
AN ORDINANCE AMENDING SECTIONS OF THE TITLE 13 – PUBLIC SERVICES OF THE LINCOLN MUNICIPAL CODE; AND FINDING THE ORDINANCE
IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER CEQA
WHEREAS, the method ology for adjusting Source Water Connection Fees for Regulated and Unregulated Capacity are set forth in Section 13.04.360 of the City of Lincoln Municipal Code; and
WHEREAS, the Source Water Connection Fee for Regulated Capacity is $16.03, approved by resolution by the City Council on July 08, 2025; and
WHEREAS, the updated Source Water Connection Fee for Unregulated Capacity utilizing the most recently published Water Connection Charges for Placer County Water Agency for Zone 6 – City of Lincoln is $ 22.45 per gallon, approved by resolution by the City Council on July 08, 2025; and
WHEREAS, the City Council hereby finds that the adjustments are in accordance with the provisions of Section 13.04.360 of the City of Lincoln Municipal Code and provides sufficient evidence to conclude that the revised fees do not exceed the cost to provide the services for which the fees are charged; and
WHEREAS, the City Council desires that the City Manager annually adjust and set the Source Water Connection Fees for Re gulated and Unregulated Capacity ; and respectively the adjustments shall be based on the annual percentage change in the Engineering News Record – Construction Cost Index for the San Francisco Area and the published Placer County Water Agency Water Connect ion Charges for Zone 6 – City of Lincoln; and
WHEREAS, this action is found to be in compliance with the requirements of California Government Code § 66016 and 66018; and
WHEREAS, enactment of this resolution does not constitute a “Project” as that term is defined under the California Environmental Quality Act (CEQA), CEQA Guidelines Section 16060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and Section 15060(c)(3) (the activity is not a project as defined in Section 15378). Furthermore, the City Council finds that there is no possibility that the adoption of these fees could have a significant effect on the environment, therefore, no further environmental review is necessary in accordance with CEQA Guidelines Section 15061(b)(3).
NOW, THEREFORE, the City Council of the City of Lincoln does ordain as follows:
121
Section 1. Incorporation of Recitals. The City Council hereby incorporates by reference the recitals set forth above.
Section 2. CEQA Analysis. This ordinance is not subject to the California Environmental Quality Act (“CEQA”), as codified at Public Resources Code Section 21000, et seq., and as further governed by 14 California Code of Regulations Section 15000, et seq., because it is not a project as contemplated by 14 C.C.R. Section 15378. In addition, even if this Ordinance were subject to CEQA, the City Council finds this Ordinance would be exempt from the requirements of CEQA pursuant to 14 C.C.R. Section 15061(b)(3), because there is no possibility it will have a significant effect on the environment.
Section 3. Severability. If any section, sub-section, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such a decision shall not affect the validity of the remaining portions of the Ordinance. City Council hereby declares that it would have adopted the Ordinance and each section, sub-section, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, sub -sections, sentences, clauses, phrases or portions to be declared invalid or unconstitutional.
Section 4. Publication. Within fifteen days of passage of this Ordinance, the City Clerk shall cause the full text of the Ordinance, with the names of those City Councilmembers voting for and against the Ordinance, to be published in the Lincoln News Messenger. In lieu of publishing the full text of the Ordinance, the City Clerk, if so directed by the City Attorney and within fifteen days, shall cause a summary of the Ordinance, prepared by the City Attorney and with the names of the City Councilmembers voting for and against the Ordinance, to be published in the Lincoln News Messenger, and shall post in the office of the City Clerk a certified copy of the City Councilmembers voting for and against the Ordinance. The publication of a summary of the Ordinance in lieu of the full te xt of the Ordinance is authorized only where the requirements of Government Code Section 36933(c)(1) are met.
Section 5. Amendment. Section 13.04.360 is hereby amended as follows
13.04.360 - Established—Apportionment—Purpose.
(a) There shall be a charge for a new service connection or for a change in size or location for the customer's benefit which shall be paid before work is started. Water connection fees shall include the city's water connection charge pursuant to Section 13.04.160 and
(b) Rate of charge for source water capacity for regulated capacity shall be as set forth in the Lincoln Nexus Study Report —Water Co nnection Charge Study, adopted by Ord. 1003B on January 28, 2020.of the peak day demand. The water connection charge set forth herein shall be subject to an annual adjustment up to the change in the San Francisco Construction Cost Index (CCI) as reported by the Engineering News Record (ENR). The annual adjustments shall be effective each July 1.
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(c) Rate of charge for source water capacity for Unregulated Capacity of the peak day demand shall be in accordance with the cost to the city in accordance with service connections for Regulated Capacity by Placer County Water Agency for Zone 6 —City of Lincoln. Annual adjustments to the source water capacity charges by Placer County Water Agency shall be effective each January 1 or as soon as feasible thereafter.
(d) Connection fees for every service connection to the city water system are established for the purpose of providing funds for the payment of the costs for design and construction of the city's water system, to purchase source water capacity from wholesale water providers, and for those purposes authorized by Resolution 78-77.
(e) Source water capac ity shall be based on the peak day demand for non -residential facilities by the methods for calculation of required connection specified in Section 13.04.160 and shall be based on gallons per day.
(f) Source water capacity for residential facilities shall be on the basis of gallons per day as follows:
[Table of lot size and Source Water Connection (gdp)]
INTRODUCED at a regular meeting of the City Council for the City of Lincoln on July 22, 2025.
PASSED AND ADOPTED this 12th day of August 2025
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Holly Andreatta, Mayor
ATTEST:
Hope Ithurburn, City Clerk
123
SUBJECT:
Waive First Reading and Introduce by Title only an Ordinance Establishing a Development Agreement between the City of Lincoln and Stardust 80, A California Limited Partnership in Association with the Stardust project, and further finding the Ordinance is Exempt from further Environmental Review under the California Environmental Quality Act. (Mikaela Noble) SUBMITTED BY:
Mikaela Noble
DEPARTMENT:
Community Development
DATE:
August 12, 2025
Item Number 8.A
STAFF RECOMMENDATION:
Staff recommends that the City Council conduct a public hearing, consider the information contained in the staff report as well as the testimony of the public, and take the following actions:
1 .
Determine that an Addendum to the Village 1 Specific Plan Environmental Impact Report (EIR) (SCH #2010102018) for the Stardust project was previously adopted by the City Council, and therefore, no additional environmental review is required; 2 .
Consider waiving first reading and adopting by title only an Ordinance establishing a Development Agreement between the City of Lincoln and Stardust 80, A California Limited Partnership for the development of approximately 78 acres within the Village 1 Specific Plan Area.
BACKGROUND/INTRODUCTION:
The Stardust project is located within the Village 1 Specific Plan. The subject property is approximately 78 acres and is zoned Village Low Density Residential (VLDR), Village Open Space (VOS) and Village Parks and Recreation (VPR). In July 2024, City Council approved the Large Lot Tentative Subdivision Map and Small Lot Tentative Subdivision Map for the Stardust project for the development of 302 VLDR units. An Addendum to the Village 1 Specific Plan Environmental Impact Report (EIR) was adopted as part of the project application (Attachment 1). At that time, the Development Agreement between the City of Lincoln (City) and Stardust 80, A California Limited Partnership (Owner) was still in process and was not brought forward with the project’s other entitlements.
STAFF REPORT
124
The Village 1 Specific Plan requires adoption of a Development Agreement, which delineates the obligation of the project proponent and the City with respect to the project. This requirement was also included in the Stardust project conditions of approval (Condition #4):
The ability to proceed under any approvals, entitlements, or authorizations granted by this action are contingent upon a Development Agreement being executed with the City of Lincoln, as per requirements of the approved Village-1 Specific Plan, and the Infrastructure & Public Facilities Financing Plan, which incorporates changes associated with this tentative map for the Applicant. Such Development Agreement shall be executed prior to City Council approval of any Final Map and may establish obligations to be completed prior to approval of any Final Map.
The Stardust Development Agreement vests the right to proceed with the development of the project in accordance with the approved project entitlements, including the Specific Plan and General Development Plan, and adopted EIR mitigation measures, and sets out obligations of both the City and the developer. It also specifies the public infrastructure (e.g., water lines, parks, drainage) that the project must construct, finance and maintain, either directly or through payments of fees. The City agrees to provide credits and/or reimbursements to the developer for the actual costs incurred to design and/or construct the required improvements.
The Development Agreement also lays out the obligations of the developer, including, but not limited to:
Payment of fees and exactions listed in the Development Agreement; Construction and/or financing of public infrastructure improvements necessary to serve the project, as set forth in the Village 1 Infrastructure Financing Plan; Construct a 12-18” water transmission main along the frontage the project site and connecting to McBean Park Drive;
Dedicate to the City all rights to groundwater underlying the project site, if such dedication is also required by the City of other major developers or subdividers; Design the drainage system for the project in accordance with the Village 1 Master Drainage report;
Provide neighborhood and regional parks at the population ratios. This requirement can be met through payment of applicable park fees;
Comply with local, State and federal regulatory requirements for open space preservation and maintenance and habitat and wetland mitigation, including a financing mechanism;
Construct trails shown on the Small Lot Tentative Subdivision Map; Mitigate for impacts on oak tree resources and Swainson’s Hawk foraging habitat as required by the EIR. This obligation can be met through payment of fees through the Placer County Habitat Conservation Plan, if available;
Agree to establish one or more Community Facility Districts (CFDs) to finance for funding of public infrastructure. Developer shall be solely responsible for a shortfall if the costs of applicable public improvements exceed the proceeds from the CFD; 125
Provide funding through a financing district and/or special tax for maintenance of existing and new public facilities needed by the project as identified in the IFP. Alternatively, the HOA may perform any of the maintenance obligations that would otherwise be including within a financing district, subject to the City’s satisfaction; Provide a funding mechanism for public services needed by the project where the costs would fall short of the amounts identified in the tax sharing agreement between the City and County;
For interim public safety costs, provide either a one-time payment per building permit or an alternative financing mechanism to fund the shortfall in revenue prior to sale of homes; and
Pay prevailing wages for construction of public improvements, consistent with State law.
The timing of development is in the developer’s sole and absolute discretion. If there are conflicts between the Development Agreement, Specific Plan, General Development Plan, and/or project conditions of approval, the Development Agreement controls. In addition, the project is required to comply with future City-enacted rules, regulations, ordinances, laws and policies, unless doing so would conflict with or reduce the Developer’s vested development rights. The provisions of the Development Agreement run with the property, so they continue to be in force even if the property ownership is transferred. The term of the Development Agreement is 20 years after the effective date. The Final Development Agreement must be adopted by Ordinance by the City Council.
ENVIRONMENTAL REVIEW:
No further environmental analysis is required because the Addendum to the Village 1 Specific Plan EIR (SCH #2010102018) was previously approved and adopted by the City Council was intended to be used in connection with each of the entitlements and subsequent approvals needed for the project consistent with other CEQA policies and requirements applicable to tiered EIRs, and the action is further exempted by CEQA Guidelines Sections 15182 (Projects Pursuant to a Specific Plan) and 15183 (Projects Consistent with Zoning).
LEVINE ACT COMPLIANCE:
The Levine Act requires a party (or the party’s agent(s)) to a proceeding before the City of Lincoln that involves any action or consideration to their contract, license, permit, or other entitlement for use, to disclose any campaign contribution made to City elected or appointed officer totaling more than $500 within the 12 months before the City decision.
The applicant submitted a Levine Act Statement to the City and cited no contributions to a City elected or appointed officer totaling more than $500 within the reporting period.
FISCAL IMPACT:
Although the City will carry forward a liability, Developers will comply with any outstanding assessment district or community facilities district annexation requirements outlined in the 126
Development Agreement and project’s Conditions of Approval which serve to offset the cost of services being provided by the City.
ATTACHMENTS:
Attachment 1 Resolution 2024-157.pdf
Attachment 2 Ordinance XXXXB.pdf
127
RESOLUTION 2024 - 157
A RESOLUTION BY THE CITY COUNCIL ADOPTING THE PROPOSED ADDNEDUM TO THE CERTIFIED VILLAGE 1 SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT (SCH #2010102018) CERTIFYING THAT THE STARDUST PROJECT WILL NOT
RESULT IN ANY NEW SIGNIFICANT INFORMATION OF SUBSTANTIAL IMPROTANCE,
NEW IMPACTS, NEW MITIGATION MEASURES, NEW OR REVISED ALTERNATIVES,
OR AN INCREASE IN THE SEVERITY OF PREVIOUSLY IDENTIFIED IMPACTS THAT WOULD REQUIRE MAJOR REVISIONS TO THE VILLAGE 1 SPECIFIC PLAN EIR, AND THEREFORE, PURSUANT TO STATE CEQA GUIDELINES SECTION 15162,
THE PREPARATION OF AN ADDITIONAL SUPPLMENTAL OR SUBSEQUENT EIR IS
NOT REQUIRED
WHEREAS, the City o f Lincoln (“City”) r eceived an application from Beazer Homes Holdings, LLC (“applicant”), seeking approval of the Stardust project; and WHEREAS, the proposed Stardust Project includes residential uses, parks and recreation, and open space consistent with the Village 1 land use designations and applicable development standards for the Stardust Project site; and WHEREAS, on November 27, 2012, the City Council of the City of Lincoln certified the Final Environmental Impact Report (FEIR) for the Village 1 Specific Plan (State Clearinghouse No. 2010102018), which analyzed the environmental impacts of development within the 1,832-acre Specific Plan project area, including up to 5,639 dwelling units at ranges of 1.0 to 25.0 units per acre. Approximately 985 of the 1,832 acres are dedicated to residential uses with an additional approximately 40 acres of mixed -uses that could include residential development, retail, office, and public/semi -public facilities.
Other uses included the existing Turkey Creek Golf Course, open space, parks, an elementary school and city-owned facilities; and
WHEREAS, on September 26, 2023, the City Council certified that the FEIR for the Village 1 Specific Plan analyzed changes to the Village 1 land use plan, including the realignment of Oak Tree Lane, associated revisions to the land use designations and a reduction in the total number of residential units to 5,610; and WHEREAS, all mitigation measures identified within the previously certified EIR and adopted Mitigation Monitoring Program, as revised on September 26, 2023, which is included as Exhibit 5B, shall remain applicable to the Stardust Project; and WHEREAS, the mitigation measures provided within the previously certified Final EIR for the Village 1 Specific Plan have been imposed on and incorporated into the Project as Conditions of Approval, and will mitigate or avoid significant environmental effects; and WHEREAS, the Project will not substantially modify the location of or area of land disturbance and will retain all lands previously anticipated to be preserved and undisturbed as analyzed in the EIR; and
WHEREAS, the City of Lincoln, as Lead Agency, has determined the Project includes minor technical changes as allowed in the Village 1 Specific Plan; and an Addendum to the certified EIR has been prepared (provided as Exhibit 5A); and WHEREAS, the City co nsulted with the United A uburn Indian Community of the Auburn Rancheria (UAIC) and reached agreement on treatment of Tribal Cultural Resources 128
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STARDUST PROJECT IN VILLAGE 1
CE
QA ADDENDUM
INTRODUCTION
The Stardust project is located within the Village 1 Specific Plan. The Village 1 Specific Plan (Specific Plan) provides direction for development of 1,832 acres of land within the City of Lincoln1. The Specific Plan identifies land use designations and zoning for the plan area, the circulation system, utilities systems, parks and open space, and other planning considerations. In addition, the Specific Plan includes a wide range of goals and policies, design guidelines and development standards that will guide development within Village 1.
T
he City certified an Environmental Impact Report for the Village 1 Specific Plan EIR (SCH No. 2010102018), adopted the Mitigation Monitoring Program, and approved the Specific Plan on November 27, 2012. In 2013, revisions to the Specific Plan and an addendum to address changes to the Oak Tree Lane connection to Sierra College Boulevard and provision of an additional elementary school site were adopted. In 2015, 1,712 acres of the Village 1 Specific Plan were annexed to the City. Approximately 120 acres of the adopted Specific Plan were not included in that annexation due to opposition of the property owners. In March 2020, the Specific Plan was revised, and rezoning was adopted for a portion of the plan area known as Turkey Creek Estates, which occupies 248 acres on the eastern side of the plan area, north of SR 193. The amendments reduced the amount of land designated Village Country Estates (VCE) within the northern portion of the Turkey Creek Estates project, and increased the amount of Village Low Density Residential (VLDR) acreage. This resulted in a reduction of 128 VCE units and a corresponding increase of 128 VLDR units. Parks acreage was also reduced slightly, and there was an increase in the amount of open space. The total amount of developable acreage within the Specific Plan was unchanged. In September 2023, the City Council approved another amendment to the Village 1 Specific Plan, realigning Oak Tree Lane and making minor modifications to the land use plan. As a result, the total number of residential units was reduced to 5,610 from 5,639.
T
he Stardust project is proposed for Planning Areas (PA) 21, 49, and 68, portions of Planning Areas 23 and 51 and a landscape corridor (LSC). The Stardust project (project) would make minor changes to the boundaries of the land use designations within the project site.
T
he California Environmental Quality Act (CEQA) Guidelines Section 15163 state that a lead agency or responsible agency may prepare a Supplement to an EIR if any of the conditions described in Section 15162 for a Subsequent EIR are present, and if only minor additions or changes to the previous EIR are necessary to make the previous EIR adequately apply to the project in the changed situation. The following are conditions contained in the CEQA Guidelines Section 15162 that would apply to the preparation of a Subsequent EIR:
1. S
ubstantial changes are proposed in the project which would require major revisions of the previous EIR or negative declaration due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects;
2. S
ubstantial changes occur with respect to the circumstances under which the project is undertaken, which would require major revisions of the previous EIR or negative declaration due to the involvement of new significant effects or a substantial increas e
i
n the severity of previously identified significant effects; or
3. N
ew information of substantial importance, which was not known and could not have 1 Approximately 120 acres are located outside of the City limits, but within the City’s Sphere of Influence.
Exhibit 5A
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2 been known with the exercise of reasonable diligence at the time the previous EIR was certified as co mplete or the negative declaration was adopted, shows any of the following:
a) The project would have new or more significant effects not discussed in the previous EIR or negative declaration;
b) Significant effects previously examined would 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 proposed proponents decline to adopt the mitigation measures 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 adapt the mitigation measure or alternative.
This addendum evaluates whether the Stardust project is fully and adequately addressed by the Village 1 Specific Plan EIR, as most recently modified and certified. For the reasons discussed below, the proposed Stardust project would not result in new significant environmental impacts or substantially increase the severity of environmental impacts identified in the Village 1 EIR. In several instances, impacts would be increased very slightly due to the reduction in open space acreage within the project site. However, this change would not substantially increase any impacts identified in the EIR. The discussion in this Addendum focuses on impacts that were found to be significant, with or without mitigation, in the Village 1 EIR and/or for which the proposed Stardust project would result in a substantial change in the severity of an impact (either reducing or increasing the severity).
P
ROJECT OVERVIEW
The Stardust project provides for residential development, parks/recreation facilities and open space on approximately 77.74 acres located within the Village 1 Specific Plan (Specific Plan) area within the City of Lincoln.
Project Location
The project site is located in the City of Lincoln south of State Route (SR) 193/McBean Park Drive (see Figure 1) within the Village 1 Specific Plan ( see Figure 2). The current parcel address is 200 Stardust Lane, Lincoln, CA 95648 (Assessor’s Parcel Number 021- 274-040-000). The project is bounded by Stardust Lane to the east, and vacant Village 1 parcels to the south and west and State Route 193/McBean Park Drive to the north. The proposed project would be developed on both the east and west side of the future Oak Tree Lane extension. The north branch of Ingram Slough traverses the project site , and flows from the southeast to the north, and easterly as it crosses the future Oak Tree Lane alignment north of the project site.
Proposed Project Components
A total of 302 VLDR units are proposed for 51.61 acres, resulting in a density of 5.85 units per acre, consistent with the maximum allowed 5.9 units per acre for the VLDR designation. The proposed project also includes a 2.08 acre park and recreation center, and approximately 19.9 acres of open space. The layout of the proposed project is shown in Figure 3.
The proposed recreational facility would be located near one of the project entrances, east of the Oak Tree Lane extension. Final design of the building and surrounding amenities has yet to be determined; however, outdoor amenities such as a pool, pickleball courts, bocce ball courts and a pet park are Exhibit 5A
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3 anticipated. Outdoor areas would have LED lighting. The recreational center would connect to the network of trails and walkways within the project site, which would ultimately connect with the trails planned throughout the Village 1 plan area.
T
he Stardust project would develop Planning Areas (PA) 21, 49, and 68, portions of Planning Areas 23 and 51 and a landscape corridor (LSC). Under the adopted Specific Plan, PAs 21 and 23 are designated and zoned Village Lower Density Residential (VLDR). This zone allows for 3.0 to 5.9 residential units per acre. PAs 49 and 51 are designated and zoned Village Open Space (VOS). PA 68 is designated and zoned Village Parks and Recreation.
T
he proposed project would develop the project site with land uses and densities that are consistent with the adopted Specific Plan. The acreage for each use would vary slightly from the adopted Specific Plan, as shown in Table 1 and Figure 4. In addition, parcel boundaries would be modified slightly, including the boundaries for the VOS parcels. As a result, there would be a slight reduction in the amount of open space provided—0.13 acres, or less than one percent of total open space within the project site, and less than 0.03 percent of open space within Village 1 as a whole. At the same time, the acreage for Village Parks and Recreation (VPR) would increase by 1.08 acres, more than double the amount provided for in the adopted Specific Plan.
Table 1
Land Use Comparison
Land Use/Zone Adopted Specific
Plan Acreage
Proposed
Acreage
Difference
Village Low Density Residential
(VLDR)*
53.21 51.61 -1.6
Village Open Space
(VOS)
20.03 19.9 -0.13
Village Parks and Recreation
(VPR)
1 2.08 +1.08
Landscape Corridor 0.85 1.22 +0.37
Rights-of-Way/PUE/Lift Station 2.65 2.93 +0.28
Total 77.74 77.74 0
*Under the proposed project, this includes a 0.2-acre lift station and a 0.066-acre public utility easement.
T
he applicant has also provided an alternative layout with the lift station located outside the project area.
Under that alternative, the number of residential units and open space acreage would be unchanged. As shown in Table 2, there would be slight alterations in the VLDR, landscape corridor and the rights-of-way acreages. Because the unit count and open space acreages would be unchanged, and the 0.2 acre lift station would occur offsite, but within the Village 1 Specific Plan area, the environmental effects of these two layouts would be the same.
T
he 302 residences would be single or two story, with two car garages. Floor plans would range in size from 1,800 to 3,500 square feet.
C
irculation
Access to the project site would be provided by the extension of Oak Tree Lane north to SR 193/McBean Park Drive. Because the proposed project is anticipated to be constructed prior to completion of the Oak Tree Lane extension, the project would be responsible for constructing the portion of Oak Tree Lane from the southern boundary of the project site to SR 193/McBean Park Drive. This section of Oak Tree Lane is planned to have single travel lanes in each direction, with bike/NEV lanes and separated sidewalks on each side.
Exhibit 5A
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4 Table 2
Comparison of Alternative Layouts
Land Use/Zone Proposed Project Alternative
A
Difference
Village Low Density Residential
(VLDR)*
51.61 51.56 -0.05
Village Open Space
(VOS)
19.9 19.9 0
Village Parks and Recreation
(VPR)
2.08 2.08 0
Landscape Corridor 1.22 1.27 +0.05
Rights-of-Way 2.93 2.93 0
Total 77.74 77.74 0
*Under the proposed project, this includes a 0.2-acre lift station and a 0.066-acre public utility easement; Alternative A does not include the lift station.
A
n emergency vehicle access (EVA) would connect the northernmost internal road to Stardust Lane, adjacent to the eastern project boundary. The EVA would be gated and at least 20-feet wide, and an override would be provided for emergency vehicles to access the site.
W
here Oak Tree Lane crosses Ingram Slough, a culvert would be installed to allow passage of water.
The culvert is anticipated to be 5 feet by 12 feet, subject to final design and approval.
U
tilities
Water, sewer and drainage services will be provided by the City of Lincoln. Under the Village 1 Specific Plan, major water, sewer and dry utility lines will be placed within the Oak Tree Lane right -of-way, connecting to lines in SR 193/McBean Park Drive. The proposed project would install these lines in the portion of Oak Tree Lane constructed within the project site and to the north to the connection with SR 193/McBean Park Drive. In addition, the proposed project would install a water line between the southern project boundary and the terminus of the existing eastern portion of Oak Tree Lane. This line would provide redundancy prior to completion of the entire Oak Tree Lane extension. The Village 1 EIR anticipated that utility lines would be placed in the entire Oak Tree Lane extension; installing the water line in advance of other development in Village 1 and/or completion of the entire Oak Tree Lane extension would not alter the impacts identified in the EIR.
A
sewer lift station is proposed to be installed on the east side of Oak Tree Lane, immediately south of the northern project boundary. It is possible that the City would approve a lift station elsewhere in Village 1 that could serve the Stardust project. An alternative lotting and street configuration is provided in that case.
T
wo Low Impact Development (LID) detention basins would be constructed within the northwestern open space area to collect and treat project stormwater runoff.
ENVIRONMENTAL ANALYSIS
Aesthetics and Visual Quality
The Village 1 EIR found that changes in the visual character of the plan area would be a significant and unavoidable impact due to the conversion of open views of agricultural land and oak woodlands to an urban and suburban development (Impact 4.1-2). The proposed Stardust project would not substantially alter the visual impacts of the Specific Plan. The project site is not visible from any roadways other than Stardust Lane. The proposed project would alter existing v iews from Stardust Lane by converting the existing grazing land to urban uses. As required by the Village 1 General Development Plan, building heights in the VLDR zone are limited to two stories or 36 feet. The primary Exhibit 5A
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5 views from Stardust Lane would be of fencing and a landscape corridor that would be located adjacent to the road. Roofs and second stories may also be visible, and a small view of the project development would be possible from the EVA connection. The Specific Plan provided for single- family homes backing up to Stardust Lane, and the project development must comply with the design standards of the Specific Plan, so the visual character of the proposed project would be consistent with the Specific Plan and Village 1 EIR conclusions.
Impacts Associated with Ground Disturbance
The project proposes a very slight decrease in the amount of land designated open space within the project site—a reduction of 0.13 acres or approximately 0.65 percent. While this would increase the amount of ground disturbance within the project site itself, the amount of Village Open Space acreage within Village 1 as a whole would not be reduced, due to changes in other projects. The 2023 amendment to the Specific Plan increased the amount of Village Open Space by approximately 28 acres, which more than offsets the slight reduction in this project. Furthermore, as discussed in more detail below, the proposed project would comply with mitigation measures and regulations that would reduce the impacts associated with ground disturbance.
A
griculture
The project site is currently used for grazing. The site is designated “Farmland of Local Importance” on the Important Farmland map 2, which is not considered Important Farmland, and is not under a Williamson Act contract. Therefore, development of the project site would not result in the substantial loss of agricultural resources (Impacts 4.2-1 and 4.2-2).
B
iological Resources
Similar to the Village 1 plan area as a whole, most of the Stardust project site consists of non-native annual grassland. Other habitat includes oak savannah in the southwestern portion, with an overstory of blue, live and Valley oaks, riparian, wetlands and other waters. A tributary to Ingram Slough flows through the project area, and the eastern portion of the project site drains directly into Ingram Slough.
Wetlands and other waters include riparian wetland, seasonal swale, seasonal wetland, ditch, oxbow, side channel and perennial drainage. A total of 2.885 acres of wetlands have been mapped within the project site, with an additional 0.648 feet/2,776 feet of other water features. There are no sensitive habitats (e.g., vernal pools) or critical habitat for steelhead or vernal pool fairy shrimp. There are two clusters of elderberry shrubs with a total of four shrubs that were observed onsite in the north-central portion of the project site, near natural drainages. During 2023 surveys, two active egr et/heron rookeries were also observed onsite within grey pine trees. The rookeries are located along the northern and southern project boundaries.
3 A
wetland delineation was verified by the US Army Corps of Engineers (Corps) in 20164. Due to the age of that the delineation, a subsequent delineation has been submitted to the Corps and verification of that map is pending.
T
he project site provides potential habitat for a number of special -status species. Big-scale balsam root, a special-status plant, could occur within annual grasslands and oak savannah. Ahart’s dwarf rush and dwarf downingia could occur within seasonal wetlands. The annual grassland and oak savannah also provide potential foraging habitat for the following special -status bird species -- burrowing owl, grasshopper sparrow, and Swainson’s hawk. Nesting habitat is also present in the project site for these species, and for osprey and white- tailed kite. In addition, a perennial drainage provides potential habitat for western pond turtle. Onsite riparian areas provide potential habitat for California black rail and tricolored blackbird. The elderberry shrubs could provide habitat for Valley 2 City of Lincoln, Draft Environmental Impact for the Village 1 Specific Plan, May 2012, Figure 4.2-1. 3 Shannon Karvonen, Project Manager V/Project Director, Stantec, Stardust Biological Preliminary Resources Summary, February 26, 2024.
4 Zachary Simmons, Senior Regulatory Project Manager, California Special Projects Unit, Regulatory Division, US Army Corps of Engineers, letter to Mr. Clifford Stokes, Stardust 80 LP, August 30, 2016.
Exhibit 5A
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6 elderberry longhorn beetle.5
W
ith the exception of the areas in designated Village Open Space, the Stardust project would replace the natural habitats with residential development, streets, recreational uses and associated facilities.
As a result, there would be a loss of wetlands and wetland species (Impacts 4.1-1, 4.4-2, 4.4-15 and
4.4-17 of the EIR), the potential loss of two special-status plant species habitat (Impact 4.4-3), potential loss of western pond turtle and/or degradation of its habitat (Impact 4.4-4), the loss of oak woodlands (Impact 4.4-14) and potential disturbance for nesting habitat for several bird species and foraging habitat for Swainson’s hawk, (Impacts 4.4- 5 through 4.4- 8, 4.4-10 and 4.4- 16). T he Village 1 EIR anticipated development of this area, so the loss of biological resources would not result in new or substantially more sever e impacts on biological resources. In addition, the mitigation measures identified in Section 4.4, Biological Resources, of the EIR, which must be implemented by the Stardust project, would reduce impacts on biological resources to a less-than-significant level. These measures include rare plant, western pond turtle, vernal pool crustacean and nesting bird surveys prior to initiation of ground disturbance, ensuring no net loss of wetland resources (which can be achieved through the US Army Corps of Engineers 404 permit), and compensation for loss of oak woodlands.
I
n lieu of implementing the biological resources mitigation measures, the Stardust applicant could opt to pay fees to the Placer County Conservation Plan (PCCP) for those species and habitats covered by the PCCP . The PCCP is a regional, comprehensive program intended to protect, enhance, and restore natural resources in western Placer County, while streamlining permitting for urban development. The PCCP includes three program components:
• T
he Western Placer County Habitat Conservation Plan and Natural Community Conservation Plan (Plan), a joint habitat conservation plan and natural community conservation plan (HCP/NCCP) that would protect fish, wildlife, plants, and their habitats and fulfill the requirements of the federal Endangered Species Act of 1973, as amended (ESA), and the California Natural Community Conservation Planning Act (NCCPA). • The Western Placer County Aquatic Resources Program (CARP) that would protect streams, wetlands, and other water resources and fulfill the requirements of the Clean Water Act (CWA) and analogous state laws and regulations.
• The Western Placer County In- Lieu Fee Program (ILF Program) that fulfills compensatory mitigation requirements under Section 404 of the CWA.
6 T
he PCCP encompasses approximately 270,000 acres in western Placer County, including the City of Lincoln. It addresses a wide range of habitat and species, including several species each of fish, invertebrates, amphibians, reptiles, birds and mammals. Most of the special-status species that could occur within the project site are covered by the PCCP , including burrowing owl, Swainson’s hawk, western pond turtle, California black rail, tricolored blackbird, vernal pool crustaceans, and Valley elderberry longhorn beetle.
7 The PCCP is also designed to provide for conservation of land scapes and natural communities through establishment of a reserve system, stream protection measures, and wetland conservation with no net loss of wetland values or function. For example, the loss of oak woodlands and/or wetlands could be mitigated through payment of the PCCP fee, which would be used to preserve and/or enhance areas with these habitats.
I
n 2020, the City of Lincoln adopted the Placer County Conservation Plan (PCCP) and made findings 5 Shannon Karvonen, Project Manager V/Project Director, Stantec, Stardust Biological Preliminary Resources Summary, Table 4, February 26, 2024.
6 Placer County, Placer County Conservation Program Final Environmental Impact Statement/Environmental Impact Report, May 2020, Table 2-11, page 1-1.
7 Placer County, Placer County Conservation Program Final Environmental Impact Statement/Environmental Impact Report, May 2020, Table 2-11, page 2-39.
Exhibit 5A
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7 that the PCCP EIS/EIR adequately addressed the environmental impacts of the PCCP, including the environmental effects of future development, such as Village 1. Therefore, projects that would affect species or habitats covered by the PCCP could mitigate their impacts either by implementing mitigation measures identified during that project’s CEQA process or paying the PCCP fee. For those habitats or species that are not covered by the PCCP, a project would need to implement the applicable CEQA mitigation. In the case of the Stardust p roject, three plant species could be affected (big-scale balsamroot, Ahart’s dwarf rush and dwarf downingia)8 and the PCCP does not address these plants.
Therefore, the project would still need to implement Mitigation Measure 4.4- 3, which addresses rare plant species. Mitigation Measures 4.4-12, which addresses the design of culverts on Ingram Slough, and 4.4-13, which addresses ambient light affecting wildlife, would also need to be implemented even if the applicant paid the PCCP fee.
C
ultural and Paleontological Resources
At the time that the Village 1 EIR was prepared, only portions of the plan area had been surveyed for cultural resources. Mitigation Measures 4.5-1 and 4.5-2 require that surveys for historically significant and archaeological resources be conducted for those areas that had not been previous ly surveyed.
In addition, for those resources that had been previously identified, they should be evaluated for eligibility for listing on the National Register of Historic Places (NHRP) and California Register of Historic Resources (CRHR).
A
s required by Mitigation Measures 4.5- 1 and 4.5 -2, in 2019, an evaluation of cultural resources located within the project site was prep ared by Stantec , including a records search and a field verification visit. The entire site was subject to the pedestrian survey, with the exception of a 1.1-acre site due to a drainage and dense vegetation.9 In addition, prior surveys had been conducted for the portion of the Oak Tree Lane extension that would be constructed north of the project site. 10 Resources that were identified in surveys would be preserved as specified in consultation with tribal representatives, consistent with Mitigation Measure 4.5- 2, which addresses tribal consultation and treatment of identified cultural resources.
M
itigation Measure 4.5-2, as revised in September 2023, outlines the process for consultation with California Native American tribes that are traditionally and culturally affiliated with the Village 1 plan area, and that requested notification pursuant to AB 52. The City notified the United Auburn Indian Community (UAIC) of the proposed Stardust project, and the known cultural resources that exist on the project site. Representatives of the UAIC participated in site visits on March 29 and April 16, 2024.
The UAIC subsequently made several recommendations regarding the treatment of certain onsite features, which the applicant agreed to. Agreement with the tribe regarding treatment of tribal cultural resources was reached, and consultation was closed on June 4, 2024.
C
onstruction of the Stardust project would avoid some but not all identified cultural resources. For any site that qualifies as a historical resource or unique archaeological resource, Mitigation Measure
4.5-2 requires that standard professional procedures be implemented in consultation with thos e traditionally and culturally associated with the project site. The standard professional procedures include, but are not limited to, avoidance, protection, written and photographic documentation, or other measures identified in California Public Resources Code Section 21083.2 and/or by the tribe. In addition, the Stardust wetland permit will go through the federal Section 106 process, which requires consultation with tribal representatives, and a plan for addressing onsite cultural resources.
The Stardust project would increase the area subject to disturbance by approximately 0.13 acres, so 8 Shannon Karvonen, Project Manager V/Project Director, Stantec, Stardust Biological Preliminary Resources Summary, Table 4, February 26, 2024.
9 Robley Lawson and Erin Sherlock, Archaeologists, Stantec Consulting Services, Inc., Cultural Resources Pedestrian Inventory Stardust Project, Lincoln, California, January 9, 2024. 10 Shannon Karvonen, Project Manager V/Project Director, Stantec Consulting Services, Inc., Stardust Project Cultural Resources—Supplemental Record for Oak Tree Lane Off-site Alignment, March 3, 2024.
Exhibit 5A
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8 the potential to disturb undiscovered archaeological resources and/or paleontological resources would be slightly increased. For areas that would be disturbed, Mitigation Measures 4.5-2 through 4.5-5 would ensure that the resources are protected from harm , evaluated, and handled by qualified professionals.
H
azardous Materials
The EIR identified several potential impacts due to potential contamination, including exposure to soil or groundwater contamination due to past agricultural and other uses (Impacts 4.7-2 and 4.7-4), and/or lead-based paint and asbestos in structures to be demolished (Impact 4.7-3). Mitigation Measure 4.7- 2 requires that a Phase 1 Environmental Site Assessment (ESA) be prepared prior to approval of a specific development permit, and that any recommendations of the Phase 1 ESA be implemented.
A
s required by MM 4.7-2(a), a Phase 1 ESA was prepared for the project site. 11 The Phase 1 ESA reported that the project site is vacant, and has been undeveloped since at least 1937. A portion of the project site appears to have been used for agricultural purposes from at least 1962 to 1966
12. The
authors of the Phase 1 ESA recommended that soils in the area where orchards are located be surveyed for the presence of organochlorine pesticides, copper and arsenic, which can be associated with agricultural operations. Mitigation Measure 4.7- 2(b) requires that the recommendations of the Phase 1 ESA be implemented to the satisfaction of the Placer County Department of Environmental Health. A Phase II Environmental Site Assessment was performed. Soil samples were taken and analyzed from 16 locations across the Project site. 13 Several chemicals associated with pesticides were identified, but all were at levels below applicable thresholds for residential exposure. The Phase II ESA concluded that there were no remaining environmental concerns with the site, and that no further study was needed.
14 N
o groundwater wells monitored by the Department of Water Resources were identified on the project site or within a half -mile radius 15. No underground storage tanks or other potentially hazardous features were identified within the project site. For these reasons, construction worker and project occupants would not be exposed to substantial health risks associated with existing contaminated soils.
T
he Village 1 EIR also addressed hazardous materials impacts resulting from the abandoned Titan missile base. The Stardust project site is not located on parcels that are affected by the abandoned missile base, and is therefore not subject to contamination from the base.
B
ecause the Village 1 EIR anticipated that historic uses within the plan area, including the Stardust project site, could contain contaminated soils and hazardous materials, and the Stardust project has already implemented mitigation identified in the EIR, and there are no identified contaminants that would affect human health or the environment, the Stardust project would not alter the severity of impacts related to hazardous materials.
H
ydrology and Water Quality
The amount of acreage that would be developed under the proposed project would be consistent with the Village 1 EIR assumptions. There could be a minute increase in the amount of ground disturbance and impervious surface due to the 0.13-acre reduction in open space. As a result, the proposed project could slightly increase stormwater runoff and therefore potential ly increase flood volume s requiring 11 Universal Engineering Sciences, Phase 1 Environmental Site Assessment, Stardust Property, 200 Stardust Lane, Lincoln, Placer County, California, May 19, 2023.
12 Universal Engineering Sciences, Phase 1 Environmental Site Assessment, Stardust Property, 200 Stardust Lane, Lincoln, Placer County, California, May 19, 2023, page 33. 13 Universal Engineering Sciences, Phase II Environmental Site Assessment, Stardust Property, July 5, 2023, page 1. 14 Universal Engineering Sciences, Phase II Environmental Site Assessment, Stardust Property, July 5, 2023, page 3. 15 Universal Engineering Sciences, Phase 1 Environmental Site Assessment, Stardust Property, 200 Stardust Lane, Lincoln, Placer County, California, May 19, 2023, page 17.
Exhibit 5A
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9 storage (Impacts 4.8-1, 4.8-2, 4.8-7 and 4.8-9), as well as the potential degradation of stormwater runoff due to erosion and/or urban contaminants (Impacts 4.8-4 , 4.8-5 and 4.8-9). The increase in runoff would be relatively slight, because the reduction in developable acreage would be slight (only
0.13 acre). Furthermore, the 2023 amendment to the Specific Plan increased the amount of Village Open Space by approximately 28 acres. Therefore, there would still be more open space (and less disturbed land and impervious surface) than assumed in the Village 1 EIR. Furthermore, the mitigation measures identified in Section 4.8, Hydrology and Water Quality, would be required of the Stardust project, and would be adequate to reduce impacts related to water quality, flooding and hydrology to a less-than-significant level.
Land Use
The Stardust project would not alter the potential for land use conflicts within the plan area, because the same types and intensities of uses as provided for in the Specific Plan would be developed (Impact
4.9-1). There would not be, for example, a substantial change in the types of land uses within the project site , or the allowable residential densities and/or commercial square footage. There are agricultural uses immediately east of the project site. For the most part, lands adjacent to the project site are used for rural residential and low-intensity agriculture, such as grazing. Nonetheless, project residents could find some attributes associated with livestock to be a nuisance, such as odors and flies. The Village 1 General Development Plan requires a minimum 20-foot building setback for VLDR parcels adjacent to the agricultural lands to the east. The project also proposes a landscape corridor adjacent to Stardust Lane. The building setback, landscape corridor and Stardust Lane would provide separation between the project site and adjacent agricultural uses. Mitigation Measure 4.9- 1(b) requires homebuyers of residences adjacent to active agricultural operations to be provided information regarding the agricultural operations and potential nuisance activities, including a copy of the Placer County Right -to-Farm Ordinance. This measure would apply to VLDR parcels proposed along the eastern boundary of the plan area, and would ensure that homeowners are aware of the agricultural activities that could occur in their vicinity. This mitigation measure, in combination with the separation between the project site and adjacent agricultural uses , would ensure that the potential conflicts between project residences and adjacent rural areas would continue to be less than significant.
Noise
There are existing residences located along Stardust Lane that would be subjected to construction noise during project development. Mitigation Measure 4.10-2 would reduce impacts associated with construction activities to a less- than-significant level by limiting construction hours, locating staging areas away from residential areas, muffling construction equipment and notifying residents within 300 feet of project site when construction will occur. Because the proposed project would not alter the area being developed, this measure would continue to be adequate to address project construction.
T
he proposed project would not alter traffic generated by the Village 1, so there would be no change in future traffic noise levels (Impacts 4.10-1 and 4.10-4). As shown in Village 1 Draft EIR Table 4.10- 12, the 60 dBA Ldn contour will be approximately 206 feet from the centerline of Oak Tree Lane .
Residents within these contours could be exposed to exterior and interior noise levels that exceed City standards. Mitigation Measure 4.10-5(a) requires that one or more measures be included to reduce noise levels for residences in areas where the external noise levels would exceed 60 dBA Ldn, such as noise barriers, windows with a minimum sound rating of 32 and no exterior wall cavities. These measures would ensure that project residents would not be exposed to unacceptable traffic noise levels.
Traffic, Air Quality, and Greenhouse Gas Emissions
T
raffic
Since the Specific Plan was adopted, the CEQA Guidelines have been revised to shift the analysis of traffic impacts from Level of Service (LOS) to Vehicle Miles Traveled (VMT). After July 1, 2020, EIRs Exhibit 5A
138
The Stardust Project Addendum
J une 2024
10 must analyze a project’s effect on VMT, and LOS can no longer be used as a standard of significance for CEQA purposes. The Village 1 Specific Plan EIR did not address VMT, because level of service was the standard of significance used to evaluate traffic impacts at that time. While changes in level of service are no longer evaluated under CEQA, the City does have General Plan policies that address LOS.
B
ecause the Stardust project would not increase the number of units within the Village 1 plan area, the project would not change the amount of traffic. Consequently, the Stardust project would not alter the conclusions of the EIR with respect to levels of service. In addition, it would not increase the number of vehicle miles traveled associated with the Specific Plan (Section 14 of the Draft EIR). In addition, as required by Mitigation Measure 4.14-7, the Stardust project would contribute its fair share toward the funding of improvements identified as mitigation.
T
he Village 1 Specific Plan EIR also analyzed the effects of the Specific Plan on transit demand (Impact 4.14-5) and pedestrian, bicycle and NEV vehicle use (Impact 4.14- 6). No changes to the provision of transit, bicycle/NEV lanes or pedestrian facilities are proposed by the Stardust project.
Bike/NEV lanes and sidewalks will be provided on the portion of Oak Tree Lane through constructed by the project; therefore, these impacts would continue to be less than significant under the proposed project.
A
ir Quality and Greenhouse Gas Emissions
The slight reduction in open space within the project site and the associated increase in the amount of acreage that could be developed could increase the amount of emissions generated during construction (Impact 4.3- 1). This increase would not be enough to substantially increase daily emissions levels. Furthermore, the Village 1 Specific Plan was amended in 2023 to include more open space than assumed in the original EIR. Therefore, the amount of construction anticipated in the EIR would be slightly more than would occur under the 2023 Specific Plan, even with the slight increase associated with the proposed project. Furthermore, project construction would comply with Mitigation Measure 4.3-1, which requires dust control and other measures to reduce air pollutant emissions during construction. Therefore, the short-term significant and unavoidable impact due to construction emissions would not be more severe than identified in the Village 1 EIR.
M
otor vehicle use is one of the major sources of both air pollutants and greenhouse gas emissions.
The proposed Stardust project would not alter the total number of dwelling units or the amount of commercial development within the Village 1 plan area. Therefore, the amount of vehicle and other emissions generated would be consistent with the EIR assumptions, and the conclusions of the EIR would not change. (Impacts 4.3-2, 4.3-3, 4.3-5, 4.3-6 and 4.6-1).
Public Services and Utilities
New development within Lincoln is required to provide both preserved open space and traditional parks. The Village 1 Specific Plan includes 40% of open space (732.8 acres) which is consistent with the General Plan open space requirement. In reviewing the appropriate amount of park land within a development project, the City considers the amount of parkland anticipated in the Village 1 Specific Plan, the General Plan park standards, and the unique characteristics of the individual project.
T
he City of Lincoln General Plan establishes a standard of 3 acres of Neighborhood Park, 3 acres of open space and 3 acres of citywide parks per 1,000 residents within any project that is approved subject to a Development Agreement, which is required for this project. The Village 1 Specific Plan adjusted the requirement for neighborhood parks to 2.43 acres per 1,000 residents, due to the large amount of open space provided within Village 1. 16 16 Frayji Design Group, Inc., Village 1 Infrastructure and Facilities Financing Plan (Financing Plan), Volume 2, Infrastructure and Phasing Plan, April 9, 2016, page 32 and Appendix 26.
Exhibit 5A
139
The Stardust Project Addendum
J une 2024
11 The Village 1 Specific Plan establishes the household population (number of persons expected per household) for various residential densities. The assumed household population of low density residential development is approximately 3.6 persons per household17. Given the project proposes a maximum of 302 homes, it is assumed that the Stardust project will have approximately 1,087 residents at build out. Therefore, the Stardust project would be required to provide for 3.3 acres of open space, 3.3 acres of regional park and 2.64 acres of neighborhood park.
T
he project’s obligation for 3.3 acres of open space would be fully met through the preservation of approximately 20 acres of open space on site.
T
he project’s 5.9-acre obligation for neighborhood/community parks would be met through the development of a up to 2 acres of park/recreation facility onsite, and the payment of park fees, based on the credit received for onsite acreage. As required by Mitigation Measure 4.12- 7, these fees would off-set the cost of constructing the neighborhood/community parks planned within the Village 1 plan area, which could include developing the remainder of the lake front in the western portion of the Specific Plan area, other recreational amenities that are adjacent to the Stardust project site, or other park sites.
T
he EIR found that the impacts on o ther public services would be less than significant, which would continue to be the case under the proposed Stardust project.
B
ecause the Stardust project would not alter the total number of residential units or commercial square footage within the Village 1 plan area, and would install infrastructure needed to serve both the project and future Village 1 development, there would be no change in demand for water supply, and generation of wastewater, energy and solid waste (Impacts 4.13-1 through 4.13-12).
CONCLUSION
As indicated in the above analysis, the proposed Stardust project would not result in a new significant impact or an impact that is substantially more severe than what was identified in the Village 1 Specific Plan EIR, and no revisions to the EIR, including mitigation measures, are necessary to address the impacts of the project. Therefore, the proposed Stardust project would not result in any conditions identified in CEQA Guidelines Section 15162, and a subsequent or supplemental EIR is not required.
17 City of Lincoln, Draft Environmental Impact Report for the Village 1 Specific Plan, May 2012, page 4.12-19.
Exhibit 5A
140
Figure 1: Project Site Loca4on
Exhibit 5A
Figure 1
141
BICKFORD RANCH
FERRARI
RANCH
ROAD
SUN CITY LINCOLN HILLS
(DEL WEBB)
SUN CITY LINCOLN HILLS
(DEL WEBB)
CITY OF LINCOLN
McBEAN PARK DR.
VILLAGE 40
Virginiatown Road
State Highway 193
Stardust Lane
Sierra
College
Blvd.
Oak Tree Lane
Ferrari
Ranch
Road
PA 1
VLDR
79.6 ac.
PA 59
VPR
1.0 ac.
PA 58
VPR
1.0 ac.
PA 61
VPR
6.7 ac. PA 8
VMDR
28.0 ac.
PA 7
VLDR
135.2 ac.
PA 39
VOS
83.3 ac.
PA 42
VOS
24.8 ac.
PA 9
VMDR
9.6 ac.
PA 3
VOS
6.3 ac.
PA 2
VLDR
9.5 ac.
PA 4
VCE
11.0 ac.
PA 5
VCE
18.5 ac.PA 6
VCE
22.4 ac. PA 41
VOS
41.2 ac.
PA 80
VPR
222.6 ac.
PA 74
VPR
5.6 ac.
PA 54
VOS
21.7 ac.
PA 33
VLDR
9.5 ac.
PA 32a
VLDR
12.3 ac.
PA 34a
VLDR
39.3 ac.
PA 34b
VLDR
105.1 ac.
PA 32b
VLDR
49.2 ac.
PA 27
VMDR
40.5 ac.
PA 66
VPR
33.7 ac.
PA 15
VMU
10.1 ac.
PA 65VPR
22.1 ac.
PA 14
VMU
19.9 ac.
PA 46
VOS
3.6 ac.
PA 26
VHDR9.8 ac.
PA 17
VMU
9.0 ac.
PA 47
VOS
3.0 ac.
PA 48
VOS
5.0 ac.
PA 13b
VCE
9.9 ac.
PA 10
VLDR
43.2 ac.
PA 44
VOS
12.4 ac.
PA 11
VLDR
76.5 ac.
PA 43
VOS
10.7 ac.
PA 18
VMDR
9.9 ac.
PA 24
VLDR
31.4 ac.
PA 53
VOS
4.5 ac.
PA 31
VCE
8.0 ac.
PA 30
VCE
5.1 ac.
PA 51
VOS
18.7 ac.
PA 22
VCE
8.4 ac. PA 23
VLDR
54.1 ac.
PA 69
VPR12.1 ac.
PA 21VLDR
25.3 ac.
PA 68VPR
1.0 ac.
PA 19VLDR
11.2 ac.
PA 49
VOS
15.3 ac.
PA 50
VOS
16.1 ac.
PA 20
VCE
5.7 ac.
2.1 ac
VPR
PA 77
1.3 ac
VOS
PA 78
2.9 ac
VOS
PA 87
3.0 ac
VOS
PA 88
PA 56
VOS
10.3 ac.
1.1 ac
VOS
PA 52
PA 67
VPR
1.7 ac.
192.3
681.4
88.0 17.9
12.1 321.3
419.7
60.4 1,832.1 ac.
Acres (ac.)
VCE - Village Country Estates
VLDR - Village Low Density Residential
VMDR - Village Medium Density Residential
VHDR - Village High Density Residential
VPF/VMDR - Village Public Facility
VPR - Village Park / Recreation
VOS - Village Open Space / Corridors
Village Roadways
TOTAL
425
3,113
744
421
39.0 VMU - Village Mixed Use790
117
-
-
-
5,610 du
Dwelling
Units(du) LEGEND
PA 60
VPR
2.0 ac.
PA 76a
VPR
0.5 ac.
PA 55b
VOS
0.5 ac.
PA 71
VPR
1.0 ac.
1.1 ac
VOS
PA 86
0.5 ac
VPR
PA 76b
PA 55a
VOS
0.4 ac.
PA 75b
VPR
0.5 ac.
PA 75a
VPR
0.4 ac.
PA 45
VOS
39.7 ac.
PA 13a
VCE
19.1 ac.
PA 85
VOS
1.2 ac.
PA 16
VHDR
8.1 ac.
1.0 ac
VPR
PA 79
50.0 ac
VCE
PA 36
47.5 ac
VOS
PA 57
6.4 ac
VCE
PA 38
3.8 ac
VCE
PA 37
PA 12
VCE
24.0 ac.
PA 25
SCHOOL/VMDR
12.1 ac.
PA 90
VOS
2.5 ac.
PA 70
VPR
1.0 ac.
PA 81
VOS
2.3 ac.PA 62
VPR
1.2 ac.
PA 63
VPR
3.6 ac.
PA 82
VOS
0.5 ac.
PA 83
VOS
0.7 ac.
PA 84
VOS
0.4 ac. PA 40
VOS
0.8 ac.
Figuer 2: Village 1 Land Use Plan
Exhibit 5A
Figure 2
142
C WAY
A ST.
D ST.
E ST.
F ST.
G WAY
C WAY
STREET B
C CT.
G WAY
H ST.H CT.
J ST.
L LOOP
L LOOP
OAK TREE LANE
L CT
OS 3
OS 1
LSC 3
(RECREATION CENTER)
( NOTE 11 )
LOT A
ROW 1
LSC 1
LSC 2
ROW 2
LSC 5
LOT B
LDR 3
LDR 1
LDR 2
OS 4
LSC 6
ROW 3
LSC 4
IRREVOCABLE OFFER OF
DEDICATION FOR PUBLIC STREET
AND HIGHWAY AND UTILITY
PURPOSES PER 2017-0065710
IRREVOCABLE OFFER OF DEDICATION
FOR PUBLIC STREET AND HIGHWAY AND
UTILITY PURPOSES PER 2017-0065710
STARDUST LANE
MCBEAN PARK DRIVE
OAK TREE LANE
209
208
207
206
205
204 203 202 201 200 199 198 197 196 195
194
193
192 191
190
189
188
187
186
185
184
183
182
181
180
179
178
176
175
174
89 90
91 93
94 95
96 97
98 99
100
148
173172
149150
171170
151
169168
152153
167
154155
166
156
165
157158 159160
161 162 163 164
271
272
273
274
275
276
278 279 280 281 282 283 284 285 286 287 288 289
293
294
295
296
297
298
299
263264265266267268269
257256255254 258 259 260
242243244245246247248
300 301 302
52 53
54 55
56 57
101
102
103
104
105
106 147 146145144143142141140139138137136135
134 133 132 131 130 129 128 127 126 125 124 123 122
121 120119118117116115114113112111110109108
88 87 86 85 84 83 82 81 80 79 78 77 76 75
73 72 71 70696867 666564636261605958
36373839404142434445464748495051
3534 33 32313029282625
24 23 22 21 20 19 18 17 16 15 14 13
121110987654321
LIFT
STATION
277
290 291
292
270
261 262
249 250 251 252
241240239238237236235 234 233 232 231
253
74 107
229 214215217 218219220221222224225226227228 223 216 210211212213 27 92
230
177
LOT T1
LOT T2
LOT T3
LOT T4
LOT T5
LOT T6
LOT T7
LOT T8
LOT T9
LOT C LOT D
LSC 5
OS 5
OS 2
3 1
2 3
4 15
16 17
18 2
14 R=800'
212 211
210213
Cover Sheet
Tentative Subdivision Map
SHEET 1 OF 4
I:\Drafting\31600-Stardust [Beazer]\Tentative Map\31600-STARDUST -TENTATIVE MAP\31600_TM 01_COVER SHEET.dwg, 05/31/24 04:30:12pm, AMaadarani 36X48P (1) SEE DETAIL 10 ON SHEET 2
FOR STANDARD GATED
ENTRANCE DETAIL
FDG
N
W
S
E
0100'200'300'
SCALE 1"=100'
SEE DETAIL 10 ON SHEET 2
FOR STANDARD GATED
ENTRANCE DETAIL
SEE DETAIL 10 ON SHEET 2
FOR STANDARD GATED
ENTRANCE DETAIL
VICINITY MAP
GUERTIN JAMES B
021-274-038
LEAVELL
FAMILY
LIVING TRUST
021-274-065
LEAVELL THOMAS
021-274-065
SACRAMENTO VALLEY
TEEN CHANLLENGE
021-274-041
CAROLE S. LEAVELL LIVING
TRUST & FRANCHIMONE
FAMILY LIVING TRUST
021-274-067
PARCEL LINES AND AREAS MAY BE ADJUSTED AT THE TIME OF THE FINAL MAP,
PROVIDED THE GENERAL LOTTING SCHEME IS PRESERVED AND NO NEW ADDITIONAL
RESIDENTIAL PARCELS ARE CREATED, SUBJECT TO THE APPROVAL OF THE CITY OF LINCOLN.
PURSUANT TO GOVERNMENT CODE SECTION 56456.1, THE SUBDIVIDER MAY FILE MULTIPLE FINAL MAPS BASED UPON THIS TENTATIVE MAP. THE FILING OF A FINAL MAP
ON A PORTION OF THIS TENTATIVE MAP SHALL NOT INVALIDATE ANY PART OF THIS TENTATIVE MAP.
THE RESIDENTIAL LOTS SHOWN ON THIS TENTATIVE MAP ARE TENTATIVE AND MAY BE MODIFIED TO FIT THE FINAL BUILDING DESIGN AT THE TIME OF THE FINAL MAP.
ACCESS, PUBLIC UTILITY, AND LANDSCAPE AND MAINTENANCE EASEMENT LOTS SHOWN
OR IMPLIED IN THIS TENTATIVE MAP ARE TENTATIVE AND MAY BE MODIFIED AT THE TIME
OF THE FINAL M
ALL UTILITY SYSTEMS ILLUSTRATED ON THIS TENTATIVE MAP ARE SUBJECT TO CHANGE AT THE TIME OF IMPROVEMENT PLANS.
GRADING SHOWN ON THIS TENTATIVE MAP IS TENTATIVE AND SUBJECT TO CHANGE AT THE TIME OF GRADING PLANS.
MINIMUM LOT DIMENSIONS PER VILLAGE 1 DESIGN GUIDELINES: (SEE SHEET 3 FOR
DETAILS)
PARK FEES SHALL BE BASED UPON THE NUMBER OF LOTS SHOWN ON THE FINAL MAP.
LETTERED LOTS ROW 1, ROW 2, ROW 3, LOT C AND LSC 1-LSC 6, OS2 & OS5 WILL BE GRANTED TO THE HOA.
ALL STREETS, STREET LIGHTS AND DRAINAGE FACILITIES ARE CONSIDERED PRIVATE AND TO BE MAINTAINED BY THE HOA.
IF STARDUST IS DEVELOPED AS CONVENTIONAL PROJECT LOT A WILL BE DEVELOPED AS PARK - LOCATION MAY BE DIFFERENT FROM WHERE IT IS SHOWN.
ALL NON-STANDARD ITEMS MUST BE JUSTIFIED AND MITIGATED FOR AND REQUIRE CITY-ENGINEER APPROVAL. IF NON-STANDARD ITEMS ARE NOT SPECIFICALLY IDENTIFIED
ON THE TENTATIVE MAP, THEY ARE SPECIFICALLY NOT APPROVED AND WILL REQUIRE FURTHER REVIEW AND APPROVAL.
1)
2)
3)
4)
5)
6)
7)
NOTES:
8)
9)
TENTATIVE MAP INFORMATION
DEVELOPER/APPLICANT: BEAZER HOMES HOLDINGS, LLC
2990 LAVA RIDGE COURT, SUITE 110
ROSEVILLE, CA 95661
ENGINEER:FRAYJI DESIGN GROUP, INC.
1316 BLUE OAKS BLVD
ROSEVILLE CA 95678
(916) 782-3000
ASSESSOR'S PARCEL NO.:
TOTAL ACREAGE:77.74± AC
EXISTING ZONE:VLDR-OPEN SPACES, RIGHT OF WAY
LOT SUMMARY:
SERVICE PROVIDERS
SCHOOL DISTRICTS:WESTERN UNIFIED SCHOOL DISTRICT, K-12, LINCOLN CA PARKS & RECREATION: CITY OF LINCOLN
POLICE & FIRE PROTECTION: LINCOLN POLICE DEPT./LINCOLN FIRE DEPT.
SANITARY SEWER:CITY OF LINCOLN
DOMESTIC WATER:CITY OF LINCOLN
STORM DRAIN:CITY OF LINCOLN
ELECTRICITY:PACIFIC GAS & ELECTRIC CO.
TELEPHONE:AT&T
CABLE:WAVE COMMUNICATIONS / CABLE CO.
PROPOSED ZONE:LDR
021-274-040
DENSITY:
OWNER:
STARDUST
3 2
3 2
3 2
3 2
3 2
3 2
3 2
2 3
3 2
3 2
3 2
3 2
3 2
3 2
3 2
3 2
3 2
3 2
3 2
32 3
2 3
2 2 2
2 2
2 2
12 4b
2 4a
2 TEMPORARY GRADING AND
CONSTRUCTION EASMENT
EASMENT TO BE OBTAINED
FROM PROPERTY OWNER PRIOR
TO PERFORMANCE OF GRADING
TEMPORARY GRADING AND
CONSTRUCTION EASMENT
EASMENT TO BE OBTAINED
FROM PROPERTY OWNER PRIOR
TO PERFORMANCE OF GRADING
TEMPORARY GRADING AND
CONSTRUCTION EASMENT
EASMENT TO BE OBTAINED
FROM PROPERTY OWNER PRIOR
TO PERFORMANCE OF GRADING
FUTURE WALK
BY OTHERS
City of Lincoln, California May 31, 2024
Stardust
LEAVELL
FAMILY
LIVING TRUST
021-274-065
10)
11)
STARDUST 80, CALIFORNIA LIMITED
PARTNERSHIP.
302 SINGLE FAMILY
SMALLEST: 4,545 S.F.
LARGEST: 15,044 S.F.
AVERAGE: 5,300 S.F.
OPEN SPACE LOTS (OS1-OS5)19.72 AC
OPEN SPACE (LOT B)0.18 AC
3 RIGHT OF WAYS LOTS(ROW 1 - ROW 3)2.93 AC
1 RECREATION CENTER (LOT A)2.08 AC
6 LANDSCAPE CARRIDORS (LSC 1 - LSC 6) 1.22 AC
(PUE)-(LOT C)0.066 AC
LIFT STATION, (LOT D)0.2 AC
12)
SEE DETAIL 11 ON
SHEET 2 FOR DETAIL
SEE DETAIL 12 ON
SHEET 2 FOR DETAIL
SEE DETAIL 13 ON
SHEET 2 FOR DETAIL
MCBEAN CL
16' EMERGENCY VEHICLE
GATE WITH 20' MIN EVA
SEE ALTERNATIVE A HERON.
ACCESS TO NORTH DEVELOPMENT WITH NO LIFT STATION WITHIN STARDUST PROPERTY
ALTERNATIVE A
LEAVELL
FAMILY
LIVING TRUST
021-274-065
107
102
93 302
DUACRES
18.25 16.16
17.20 51.61
LDR 1 : 5.8 DU/ACRE
LDR 2 : 6.3 DU/ACRE
LDR 3: 5.4 DU/ACRE
TOTAL LDR : 5.8 DU/ACRE
DENSITY:
OPEN SPACE LOTS (OS1-OS5)19.72 AC
OPEN SPACE (LOT B)0.18 AC
3 RIGHT OF WAYS LOTS(ROW 1 - ROW 3)2.93 AC
1 RECREATION CENTER (LOT A)2.08 AC
6 LANDSCAPE CARRIDORS (LSC 1 - LSC 6) 1.277 AC
(PUE)-(LOT C)0.066 AC
107
102
93 302
DUACRES
18.25 16.16
17.15 51.56
LDR 1 : 5.8 DU/ACRE
LDR 2 : 6.3 DU/ACRE
LDR 3 : 5.4 DU/ACRE
TOTAL LDR : 5.8 DU/ACRE
ALTERNATIVE A: (LIFT STATION OFFSITE)
LDR 3 INCLUDES ( LIFT STATION LOT D=0.2 AC) & (LOT C=0.066 AC) LDR 3 INCLUDES (LOT C=0.066) *
*
*
*
PG&E POLE LINE EASEMENT
PER BOOK 534, PAGE 444
Figure 3: Site Plan
Exhibit 5A
Figure 3
143
STARDUST LANE
MCBEAN PARK DRIVE
OAK TREE LANE
209
208
207
206
205
204 203 202 201 200 199 198 197 196 195
194
193
192 191
190
189
188
187
186
185
184
183
182
181
180
179
178
176
175
174
89 90
91 93
94 95
96 97
98 99
100
148
173172
149150
171170
151
169168
152153
167
154155
166
156
165
157158 159160
161 162 163 164
271
272
273
274
275
276
278 279 280 281 282 283 284 285 286 287 288 289
293
294
295
296
297
298
299
263264265266 267268269
257256255 254 258 259 260
242243 244245 246247248
300 301 302
52 53
54 55
56 57
101
102
103
104
105
106 147 146145144143142141140139138137136135
134 133 132 131 130 129 128 127 126 125 124 123 122
121 120119118117116115114113112111110109108
88 87 86 85 84 83 82 81 80 79 78 77 76 75
73 72 71 70696867 666564636261605958
36373839404142434445464748495051
3534 33 32313029282625
24 23 22 21 20 19 18 17 16 15 14 13
121110987654321
LIFT
STATION
277
290 291
292
270
261 262
249 250 251 252
241240 239238 237236 235 234 233 232 231
253
74 107
229 214215 217 218219220221222224 225226227228 223 216 210211212213 27 92
230
G WAY
OAK TREE LANE
F ST. E ST. D ST.
A ST.
STREET B
C WAY
C WAYC CT.
G WAY
H ST.J ST.
L LOOP
L LOOP
H CT.
H CT.
177
OS 5
OS 5
OS 1
REC
2.08 ACRES
OS 3
PA 51
VOS
12.57 ac.
PA 23
VLDR
34.41 ac
PA 49
VOS
7.15 ac
PA 21
VLDR
17.20 ac
VOS
0.18 ac.
REC
2.08 ac.
LSC 5
LSC
0.12 ac
LSC 4
LSC
0.11 ac
LSC 3
LSC
0.28 ac
LSC 2
LSC
0.26 ac
LSC 1
LSC
0.26 ac
LSC 6
LSC
0.19 ac
OS 2
OS 4
OS 3
PA 68
VPR
1.0 ac.
PA 23
VLDR
36.0 ac
PA 49
vos
7.58 ac
PA 21
VLDR
17.21 ac
PA 51
VOS
12.45 ac.
LSC
0.85 ac
FDG
N
W
S
E
0200'400'600'
City of Lincoln, California 05/24/2024
STARDUST
LAND USE COMPARISON
SCALE 1"=200'
I:\Drafting\31600-Stardust [Beazer]\Exhibits\STARDUST COMPARISON WITH SPA 5-06-2024.dwg, 05/24/24 10:17:00am, AMaadarani 24X36-Landscape. (2)
CIVIL ENGINEERING PLANNING SURVEYING
(916) 782-3000 Phone
(916) 782-3955 Fax
1316 Blue Oaks Blvd
Roseville, CA 95678
STARDUST LAND USE SPA LAND USE VLDR: 53.21AC
VPR: 1 AC
VOS : 20.03 AC
ROAD: 2.27 AC
LSC: 0.85 AC
STARDUST ROAD: 0.38 AC
TOTAL: 77.74 AC
VLDR: 51.61 AC
REC: 2.08 AC
VOS: 19.9 AC
ROAD: 2.72 AC
LSC: 1.22 AC
STARDUST ROAD: 0.21 AC
TOTAL: 77.74 AC
Figure 4
Exhibit 5A - Figure 4
144
Village 1 Specific Plan Mitigation Monitoring Program
Stardust Project May 2024 1
Exhibit 5B
Mitigation Monitoring Program
INTRODUCTION
This section provides the Mitigation Monitoring Program (MMP) for the Stardust project, pursuant to Section 21081.6 of the California Public Resources Code, which requires public agencies to "adopt a reporting and monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment." A MMP is required for the proposed project because the EIR identified significant adverse impacts, and mitigation measures have been identified to reduce those impacts to less-than-significant levels.
This MMP includes all of the mitigation measures from the Village 1 Specific Plan Environmental Impact Report (EIR) and MMP that are applicable to the Stardust project.
The numbering of the impacts and mitigation measures follows the numbering sequence found in the Village 1 Specific Plan MMP.
Adoption of the MMP shall occur prior to, or concurrently with, adoption of the proposed project for which the program has been developed.
PURPOSE OF THE MITIGATION MONITORING PROGRAM
The purpose of the MMP is to:
E
nsure that mitigation measures are implemented;
P
rovide feedback to agency staff and decision makers about the effectiveness of mitigation m
easures;
P
rovide learning opportunities for improving mitigation measures on future projects; and I
dentify the need for enforcement action before irreversible environmental damage occurs.
T
he components of the MMP are addressed briefly below.
I
mpacts: In order to provide context for the mitigation measures and monitoring program, all impacts for which mitigation is required are listed.
M
itigation Measures: The mitigation measures are taken verbatim from the Village 1 MMP.
R
esponsible Entity : This column identifies the entity that will undertake the required action.
Generally, the contractor is named for actions occurring during grading or construction. On- site inspections will be done by City staff.
T
iming/Milestone: Each action must take place during or prior to some part of project development or approval. The timing of actions generally falls into one of the categories shown in the table below.
Exhibit 5B
145
Village 1 Specific Plan Mitigation Monitoring Program
Stardust Project May 2024
2 Monitoring and Enforcement Resp onsibility: The City of Lincoln will have ultimate and legal responsibility for implementation of all mitigation measures. This column indicates which office within the City, usually the Development Services Department, will conduct the actual monitoring and reporting, as well as take corrective actions when a measure has not been properly implemented. Abbreviations are shown below and at the end of the MMP table.
ABBREVIATIONS
Monitoring Responsibility Timing of Action
DSD = City of Lincoln
Development Services
Department
PSD = City of Lincoln Public
Services Department
PCAPCD = Placer County Air
Pollution Control District
CDFG = California Department of
Fish and Game
PCDEHS = Placer County
Environmental Health
Services
Corps = U.S. Army Corps of
Engineers
I = Prior to Final Map Approval
G = Prior to Improvement
Plan/Grading Permit Approval
P = Pre-Construction/Grading
C = During Construction/Grading
O = Prior to Occupancy
B = Prior to Building Permit
Exhibit 5B
146
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
1 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
June 2024
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
4.1 Aesthetics and Visual Quality
4.1-3 The
proposed project
would introduce
light and glare
into the project
area.
4.1-3(a) All light standards shall be shielded and directed downward so that no light falls onto adjacent properties.
4.1-3(b) Surfaces of multi-story buildings facing streets, open space, parks or residential neighborhoods shall not have reflective surfaces large enough to generate glare that creates a nuisance or safety hazard.
4.1-3I i. If future uses within any park include nighttime activities requiring overhead lights, the project applicant shall use site design and orientation in combination with a configuration of exterior light fixtures that emphasize close spacing and lower intensity light that is directed downward in order to minimize exposure of adjacent uses to lighting and to minimize the amount of light that is visible above the horizontal plane of the light fixture.
ii.a. Activity-related lights (as opposed to security lighting) shall be turned off no later than 10:00 p.m. to reduce the amount of disruption to adjacent receptors; and/or ii.b. The City shall place a nuisance easement over parcels that will have direct views of such lights.
Applicant
O DSD
4.3 Air Quality
4.3-1
Construction of
the proposed
project would
generate
emissions of
PM10 and PM2.5,
ROG, NOx, and
CO.
4.3-1 The following mitigation measures shall be implemented by the applicant(s) during all grading activities:
4.3-1(a) Prior to issuance of a grading permit, the applicant(s) shall submit to the City of Lincoln, as the lead agency, and receive approval of a Construction Emission/Dust Control Plan. The plan shall be submitted to the PCAPCD for review and comment prior to approval by the City.
This plan must address the minimum Administrative
Requirements found in section 300 and 400 of PCAPCD Rule 228, Fugitive Dust.
Applicant G/C PSD
PCAPCD
Exhibit 5B
147
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
2 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
June 2024
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
4.3 Air Quality
4.3-1 (continued)
4.3-1(b) The prime contractor shall submit to the District a comprehensive inventory (i.e. make, model, year, emission rating) of all the heavy-duty off-road equipment (50 horsepower of greater) that will be used an aggregate of 40 or more hours for the construction project. The project representative shall provide the District with the anticipated construction timeline including start date, and name and phone number of the project manager and on-site foreperson. The project shall provide a plan for approval by the District demonstrating that the heavy-duty (> 50 horsepower) off- road vehicles to be used in the construction project, including owned, leased and subcontractor vehicles, will achieve a project wide fleet-average up to 20 percent NOx reduction and 45 percent particulate reduction compared to the most recent CARB fleet average. The District should be contacted for average fleet emission data. Acceptable options for reducing emissions may include use of late model engines, low-emission diesel products, alternative fuels, engine retrofit technology, after-treatment products, and/or other options as they become available.
Applicant P, C PSD
PCAPCD
4.3-1(c) In order to control dust, an operational watering truck shall be on site during construction hours. In addition, dry chemical sweeping is prohibited. Watering at the construction site shall be carried out in the compliance with operating APCD rules and City of Lincoln requirements.
Applicant C PSD
4.3-1(d) The contractor shall suspend all grading operations when fugitive dusts exceed District Rule 228 Fugitive Dust limitations. The prime contractor shall be responsible for having an individual, certified by CARB to perform Visible Emissions Evaluations (VEE), who shall routinely evaluate compliance to Rule 228, Fugitive Dust, on a weekly basis. Fugitive dust is not to exceed 40% opacity and not go beyond property boundary at any time. If lime or other drying agents are used to dry out wet grading areas they shall be controlled as to not exceed District Rule 228 Fugitive Dust limitations.
Applicant C PSD
4.3-1(e) The prime contractor shall be responsible for keeping adjacent public thoroughfares clean of silt, dirt, mud, and debris, and shall “wet broom” the streets (or use another method to control dust as approved by the City) if silt, dirt, mud or debris is carried over to adjacent public thoroughfares.
Applicant C PSD
4.3-1(f) The prime contractor shall apply methods such as surface stabilization, establishment of the vegetative cover, paving, or other methods to control dust approved by the City.
Applicant C PSD
Exhibit 5B
148
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
3 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
June 2024
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
4.3-1 (continued) 4.3-1(g) The prime contractor shall apply water or use other method to control dust impacts offsite. Construction vehicles leaving the site shall be cleaned to prevent dust, silt, mud, and dirt from being released or tracked off-site.
Applicant C PSD
4.3-1(h) No open burning of removed vegetation shall be allowed unless permitted by the PCAPCD. All removed vegetation material shall either be chipped on site or taken to an appropriate recycling site, or if a recyclin
g site is not available, a licensed disposal
site.
Applicant C PSD
4.3-1(i) Traffic speeds on all unpaved surfaces shall be limited to 15 miles per hour or less. Applicant C PSD
4.3-1(j) The prime contractor shall suspend all grading activities when wind speeds (including instantaneous gusts) are high (typically winds greater than 25 miles per hour), and dust is traveling off-site.
Applicant C PSD
4.3-1(k) If required by the Engineering Division and/or the Department of Public Works, the contractor shall hold a pre-construction meeting prior to any grading activities. The contractor may invite the PCAPCD to the pre-construction meeting in order to discuss the construction emission/dust control plan with employees and/or contractors.
Applicant C PSD
PCAPCD
4.3-1(l) Stockpiles of dirt shall be covered when not being used or otherwise controlled to prevent erosion and/or dust.
Applicant C PSD
4.3-1(m) During construction, the contractor shall use existing power sources (e.g., power poles) or clean fuel (e.g., gasoline, biodiesel, natural gas) generators rather than temporary diesel power generators where feasible.
Applicant C PSD
4.3-(n) A person shall not discharge into the atmosphere volatile organic compounds (VOC’s) caused by the use or manufacture of Cutback or Emulsified asphalts for paving, road construction or road maintenance, unless such manufacture or use complies with the provisions of Rule 217.
Applicant C PSD
4.3-2 Operation of
the proposed
project would
generate criteria
pollutant
emissions (ROG,
4.3-2(a) Wood burning or pellet appliances shall not be allowed in any residential units. Only natural gas or propane fired fireplace appliances shall be installed.
Applicant B DSD
4.3-2(c) For those projects that include stationary sources (e.g., gasoline dispensing facility, dry cleaning, large HVAC units), the applicant shall obtain an Authority to Construct (ATC) permit prior to issuance of a Certificate of Occupancy.
Applicant
O DSD
Exhibit 5B
149
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
4 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
June 2024
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
NOx, CO, PM10,
and PM2.5).
4.3-2(d) Prior to approval of Improvement Plans, the applicant shall show that a Class 1, 2, or 3 bicycle lane(s) is provided in areas as approved by the Engineering Division and/or the Department of Public Works (or similar divisions within each jurisdiction), as defined elsewhere in these conditions of approval.
Applicant G PSD
4.3-2(e) Prior to Design Review Approval, the Site Plan shall show that the applicant has provided the appropriate number of preferential parking spaces for employees that carpool/vanpool/rideshare as well as the appropriate preferential parking for NEVs as required by the Distric t and City Policy. Such stalls shall be clearly demarcated with signage as approved by the approving committee.
Applicant G DSD
4.3-2(f) Prior to Design Review approval, the applicant shall show that on -stie bicycle racks are provided.
Applicant B DSD
4.3-5 The
proposed project
would contribute
to cumulative
increases in
criteria air
pollutant
emissions.
4.3-5(a) At the time a final map is submitted, the City, in coordination with PCAPCD, shall calculate the emissions associated with the land uses to be approved under that particular tentative map. Based on that calculation, the applicant shall do one or a combination of the following to ensure NOx emissions do not exceed 10 lbs within the full Plan Area. Once the 10 lbs per day has been reached, subsequent projects must demonstrate no net increase in NOx emissions. The City shall consult with the PCAPCD to determine whether the measures proposed by the applicant would fully offset project emissions.
i) Reduce emissions on-site by incorporating design features that would reduce NOx emissions. These features may include, but would not be limited to, energy conservation or “green” building features such solar panels, energy efficient heating and cooling, energy star appliances, and/or measures that would reduce vehicle use, such as bike lockers and transit services, as provided for in Mitigation Measure 4.6-1.
ii) Reduce emissions off-site within the same region (i.e., City of Lincoln, Placer County) by participating in an offsite mitigation program coordinated by the PCAPCD and/or by funding energy-efficiency measures (e.g., installation of insulation and/or dual pane windows in existing buildings), vehicle emission reduction measures (e.g., replace diesel school buses with natural gas buses), and/or trip-reduction measures (e.g., bike lanes and/or NEV lanes on streets that do not have them).
iii) Participate in the Placer County Air Pollution District Offsite Mitigation Program by paying fees based on the project’s contribution of pollutants (ROG and NOx), adjusted by credit received for any applicable measures implemented by the project on or offsite. The actual amount to be paid shall be determined, and Applicant I DSD
PCAPCD
Exhibit 5B
150
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
5 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
June 2024
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
4.3-5 (continued) satisfied per current California Air Resources Board guidelines, at the time of recordation of small lot tentative maps.
4.4 Biological Resources
4.4-1 The
proposed project
would result in
the filling or
adverse
modification of
jurisdictional
wetland/ other
“waters of the
U.S.”
4.4-1(a) For projects developed within the programmatic portion, the project applicant shall retain a qualified biologist to conduct a wetland delineation for each project prior to the issuance of a grading permit. This delineation shall be submitted to the US Army Corps of Engineers (Corps) for verification prior to the issuance of any grading permits for the programmatic portion of the project site. If no wetlands are determined to be present, no further mitigation would be required.
Applicant P DSD
Corps
4.4-1(b) The project applicant shall prepare a wetland mitigation plan that ensures no net loss of wetlands, consistent with Lincoln General Plan Policies OSC-5.6, OSC-5.7, OSC-
5.8, and OSC-5.9. The wetland mitigation plan shall be based on the wetland delineation verified by the Corps. This measure may be implemented through the 404 permit and/or Streambed Alteration Agreement processes. The plan shall include the following or equally effective components.
Applicant G
DSD
Corps
CDFG
4.4-1(c) The project proponent shall compensate for the loss of wetland habitat through a combination of preservation of vernal pools and seasonal wetlands in open space preserves, on-site restoration/enhancement, and the purchase of mitigation credits at
an approved mitigation bank. The ratio of compensation shall be determined in consultation with the Corps and California Department of Fish and Game (CDFG), as part of the 404-permit process, but shall not be less than 1:1.
Applicant G DSD
Corps
CDFG
4.4-1(d) All preserved wetlands shall be dedicated to the City or a non-profit organization acceptable to the City and preserved through perpetual covenants enforceable by the City or other appropriate agencies, to ensure their maintenance and survival.
Applicant/City O City
4.4-1(e) Prior to any construction activities on the site, a protective fence shall be erected around the boundaries of wetlands to be preserved in proximity to the areas that would be disturbed by construction. This fence shall remain in place until all construction activity in the immediate area is completed. No activity shall be permitted within the protected areas except for those expressly permitted by the Corps and/or CDFG.
Applicant P DSD
4.4-1(f) A buffer shall be provided along all preserved wetlands in accordance with the 404 permit. Only those uses allowed in the 404 Permit and/or the Streambed Alteration Agreements shall be permitted in the wetlands preserve and its buffer.
Applicant I DSD
4.4-1(g) Water quality in the wetlands preserve shall be protected using erosion control techniques including (as appropriate), but not necessarily limited to, preservation of Applicant G,P,C,O DSD
Exhibit 5B
151
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
6 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
June 2024
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
4.4-1 (continued) existing vegetation, mulches (e.g., hydraulic, straw, wood, etc.), and geotextiles and mats, during construction in the watershed. Additionally, urban runoff shall be managed to protect water quality in the wetlands preserve using techniques such as velocity dissipation devices, sediment basins and pollution collection devices.
4.4-1(h) Landscape irrigation runoff shall only be permitted to directly enter the wetlands preserve according to the provisions of the 404 Permit and/or the Streambed Alteration Agreement.
Applicant O DSD
PSD
4.4-1(i) Mowing and other maintenance activities shall be limited to those detailed in the 404 Permit and/or the Streambed Alteration Agreement.
Applicant O DSD
PSD
4.4-2 The
proposed project
could result in
the loss of
special-status
vernal pool
crustacean and
amphibian
species and
degradation
and/or loss of
their habitat.
4.4-2(a) The project applicant for projects within the programmatic portion of the project site shall retain a qualified biologist permitted by the US Fish and Wildlife Service (USFWS) to conduct vernal pool crustacean following current USFWS protocol.
Alternatively, the project applicant could forgo the surveys and assume presence of vernal pool crustaceans in all appropriate habitat within the project site. The survey or assumption of presence shall occur prior to the issuance of any grading permits for the programmatic portion of the project site.
Applicant G,P,C DSD
4.4-2(b) The project applicant for projects within the programmatic portion of the project site shall retain a qualified biologist to conduct aquatic surveys for the western spadefoot toad. Because a formal protocol does not exist for western spadefoot toad surveys, the scope of the surveys shall be determined in consultation with CDFG. At a minimum, the aquatic surveys for the western spadefoot toad shall include a search for spadefoot larvae during the appropriate season by a qualified biologist to determine presence or absence and potential project-related impacts to breeding sites.
Exhibit 5B
152
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
7 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
June 2024
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
4.4-2 (continued) 4.4-2(c) The following or equally effective measures (as approved by the City and USFWS and/or CDFG shall be required for any vernal pool crustacean and/or western spadefoot habitat identified through protocol surveys or assumed to be present in lieu of surveys. The selected measures may be part of the permitting process. i) The project proponents shall obtain a Biological Opinion from the U.S Fish and Wildlife Service and comply with the conditions and mitigation requirements the Biological Opinion to ensure that no net loss of habitat for vernal pool crustaceans occurs. Mitigation may include, but would not be limited to, both onsite and offsite preservation and creation of vernal pools and other suitable habitat for vernal pool crustaceans, purchase of credits at mitigation b
anks, payment of in lieu fees approved
by the agencies, or other agency approved and required mitigation measures.
ii) Orange exclusionary fencing shall be placed and maintained around any avoided (preserved) vernal pool crustacean or western spadefoot hab
itat during construction to prevent impacts from construction vehicles and equipment. This fencing shall be inspected by a qualified biologist throughout the construction period to ensure that it is in good functional condition. After construction, fencing around open space areas containing wetlands or other sensitive habitats shall be replaced by permanent fencing that will be maintained by the City, and/or the local home owners association.
iii) Prior to beginning work in the project site, all on-site construction personnel shall receive instruction regarding the presence of listed species and the importance of avoiding impacts to these species and their habitat.
iv) The project proponent shall ensure that activities defined by the USFWS, and Corps, RWQCB, and/or CDFG as inconsistent with the maintenance of the suitability of the remaining vernal pool habitat and associated watershed on-site are prohibited.
v) If western spadefoot is present, the applicant shall implement additional measures as deemed appropriate by the City and CDFG.
4.4-3 The
proposed project
could result in
4.4-3(a) The project applicant shall retain a qualified biologist to conduct focused surveys in seasonal wetlands and non-native annual grassland habitats within the project site for special-status plant species including but not limited to big-scale balsamroot, Applicant P DSD
Exhibit 5B
153
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
8 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
June 2024
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
the loss and/or
degradation of
rare plant
populations.
Boggs Lake hedge-hyssop, dwarf downingia, legenere, and pincushion navarretia during the appropriate time of year (March through June). If no special-status plants are located during the surveys, no further mitigation would be required.
4.4-3(b) If Boggs Lake hedge-hyssop is located during the surveys in areas that would be disturbed by project construction, those populations shall be avoided and preserved in place to the extent feasible.
Applicant P,C DSD
4.4-3(c) If avoidance is not feasible, the project applicant shall consult with CDFG to obtain an incidental take permit, under Section 2081 of the CESA. Mitigation can be accomplished either in the onsite mitigation preserve area, or at an approved offsite mitigation bank. The ratio of mitigation credits shall be determined during this consultation, and may be conducted concurrently with Mitigation Measure 4.4-2.
Applicant P,C DSD
CDFG
4.4-3(d) If any other special-status vernal pool plant species, including, but not limited to dwarf downingia and legenere are located during the surveys in areas that cannot be avoided, the project applicant shall implement Mitigation Measure 4.4-2, with the addition of soil/seed bank salvage, for use in created wetlands in mitigation areas.
Applicant P,C DSD
CDFG
4.4-3(e) If the plants cannot be avoided, the project applicant shall consult with the City and the CDFG regarding steps to take to offset the loss of the plants on the project site, such as transplantation, collecting seed or clippings and replanting species in an onsite location, prior to approval of a discretionary permit. At a minimum, at least ten (10) days prior to mass grading in the area that supports special-status plants, the project applicant shall notify the City and CDFG that grading is to occur and aid the CDFG with collection of the plant seeds, if the CDFG so chooses, pursuant to the California Native Plant Protection Act.
Applicant C DSD
PSD
CDFG
4.4-4 The
proposed project
could result in
the loss of
western pond
turtle and/or
degradation of its
habitat.
4.4-4(a) Prior to project construction that would disturb any drainages or stock ponds, the project applicant shall retain a qualified biologist to conduct preconstruction surveys of suitable habitat within the area of disturbance and immediately adjacent area on the project site within 30 days prior to project construction to ensure no western pond turtles have established territories. If ground-disturbing activities are delayed or suspended for more than 30 days after the preconstruction survey, the site shall be re-surveyed. If this survey does not identify any western pond turtles on the project site, no further mitigation is required.
Applicant P DSD
PSD
CDFG
4.4-4(b) If western pond turtles (WPT) are determined to be present within a drainage or stock pond, and the feature is to be retained, exclusionary fencing shall be used to prevent the turtle(s) from entering construction area. The location of the fence shall be determined by a qualified biologist. Any turtles found in or near the construction Applicant P,C DSD
PSD
CDFG
Exhibit 5B
154
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
9 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
June 2024
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
4.4-4 (continued) zone shall be relocated to an appropriate area of suitable habitat a minimum of 100 feet from any active construction zone. Measures shall be implemented to ensure that the drainages and stock ponds will continue to provide adequate habitat for the WPT by protecting water quality and ensuring that the reduction of drainage from the project site does not substantially diminish the water levels in the pond.
4.4-4(c) If the drainage or stock pond cannot be retained, the project applicant shall relocate any WPT found during surveys in a manner developed by a qualified biologist and approved by the CDFG.
Applicant C DSD
PSD
CDFG
4.4-5 The
proposed project
could result in
the direct loss or
disturbance of
nesting birds
protected by the
MBTA, including
raptors (birds-of-
prey).
4.4-5(a) If construction is to occur between March 15 and August 30, the project applicant shall conduct a pre-construction breeding-season survey of the project site within 30 days of construction onset. Surveys for nesting raptors shall be conducted within 1/4 mile of proposed ground disturbance. The survey shall be conducted by a qualified biologist to determine if any protected raptors are nesting on or directly adjacent to the project site. A nest survey for migratory birds shall be conducted within 500 feet of construction areas to determine if any migratory birds are nesting on or directly adjacent to the project site. The results of the survey shall be valid only for the season when it is conducted. New surveys shall be conducted if construction of the surveyed area extends into the following season, unless all of the potential nesting trees have been removed.
A report shall be submitted to the City of Lincoln, following the completion of the bird nesting survey that includes, at a minimum, the following information:
i) A description of methodology including dates of field visits, the names of survey personnel with resumes, and a list of references cited and persons contacted. ii) A map showing the location(s) of any protected raptor or migratory bird nests observed on the project site.
Applicant P,C DSD
PSD
CDFG
4.4-5(b) If the above survey does not identify any protected raptor or migratory bird nests on the project site, no further mitigation would be required. However, should any active nests be located on the project site, the project applicant, in consultation with the City of Lincoln and CDFG, shall avoid all protected raptor and migratory bird nest sites located in the project site disturbance area(s) during the breeding season (approximately March 15 through August 30) while the nest is occupied with adults and/or young. This avoidance could consist of delaying construction in close proximity to the nest during the nesting season. Any occupied nest shall be monitored by a qualified bi
ologist to determine when the nest is no longer used. If the construction cannot be delayed, avoidance shall include the establishment of a non- Applicant C DSD
PSD
CDFG
Exhibit 5B
155
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
10 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
June 2024
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
4.4-5 (continued) disturbance buffer zone around the nest site. The size of the buffer zone will be determined in consultation with the City and CDFG. The buffer zone shall be delineated by highly visible temporary construction fencing.
4.4-6 The
proposed project
could result in
the loss of
nesting
Swainson’s
hawk.
4.4-6(a) The project applicant shall retain a qualified biologist to conduct a Swainson’s hawk nesting survey within the area to be disturbed, extending out to ¼ mile. The survey shall be conducted during the nesting season of the same calendar year that construction is expected to begin, and prior to the issuance of any grading permits. If this survey does not identify any nesting Swainson’s hawk in the area within the project site that will be disturbed plus the ¼-mile radius, no further mitigation would be required.
Applicant P DSD
PSD
4.4-6(b) Should any active Swainson’s hawk nests be located within ¼ mile of the disturbance area, no intensive new disturbances (e.g. heavy equipment operation associated with construction, use of cranes or draglines, etc.) or other project- related
activities that could cause nest abandonment or forced fledging, shall be initiated within the ¼ mile (buffer zone) of an active nest between March 1 - September 15 (or
until August 15 if a Management Authorization or Biological Opinion is obtained for the project). The buffer zone should be increased to 1/2 mile in nesting areas away from urban development (i.e. in areas where disturbance [e.g. heavy equipment operation associated with construction, use of cranes or draglines, new rock crushing activities] is not a normal occurrence during the nesting season).
Applicant C DSD
PSD
CDFG
4.4-6(c) Nest trees should not be removed to the extent feasible. If a nest tree must be removed, a Management Authorization (including conditions to off-set the loss of the nest tree) must be obtained with the tree removal period specified in the Management Authorization, generally from October 1 to February 1. If construction or other project related activities that could cause nest abandonment or forced fledging are necessary within the buffer zone, then the project applicant shall retain a qualified biologist to monitor the nest site (to determine if the nest is abandoned).
Applicant C DSD
PSD
CDFG
4.4-6(d) If an active nest is abandoned and if the nestlings are still alive, the project sponsor shall fund the recovery and hacking (controlled release of captive reared young) of the nestling(s). Routine disturbances such as agricultural activities, commuter traffic, and routine facility maintenance activities within ¼ mile of an active nest shall not be prohibited.
Applicant C DSD
PSD
CDFG
Exhibit 5B
156
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
11 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
June 2024
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
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Monitoring and
Enforcement
Responsibility
4.4-7 The
proposed project
could result in
the loss of
burrowing owl
individuals
(eggs, nestlings
or juveniles).
4.4-7(a) The project applicant shall hire a qualified biologist to conduct both nesting and wintering season surveys for burrowing owl to determine if potential habitat within 500 feet of ground disturbance is used by this species. The timing and methodology for the surveys shall be based on the CDFG/Burrowing Owl Consortium Survey Guidelines and are detailed below. CDFG may require that these surveys be repeated annually if project construction is expected to span over two or more years.
Winter Season (December 1 through January 31)
• Four site visits on separate days, 2 hours before to 1 hour after sunset or 1 hour before to 2 hours after sunrise.
Nesting Season (February 1 to August 31)
• Four site visits on separate days, 2 hours before to 1 hour after sunset or 1 hour before to 2 hours after sunrise. At least two of the surveys shall be conducted during the peak nesting season between April 15 and July 15.
Applicant P DSD
PSD
CDFG
4.4-7(b) In addition to the wintering and nesting season surveys, pre-construction surveys shall be conducted by an experienced biologist within 30-days prior to the start of work activities where land conversions are planned in known or suitable habitat areas. If construction activities are delayed for more than 30 days after the preconstruction surveys, then a new preconstruction survey will be required. All surveys shall be conducted in accordance with the CDFG/Burrowing Owl Consortium survey protocols (Burrowing Owl Consortium, 1993).
Applicant P DSD
PSD
CDFG
4.4-7(c) If burrowing owls are discovered in the programmatic portions of the project site, the project applicant shall notify the City and CDFG. A qualified biologist shall implement a routine monitoring program and establish a fenced exclusion zone around each occupied burrow. No construction activities shall be allowed within the exclusion zone until such time that the burrows are determined to be unoccupied. The buffer zones shall be a minimum of 150 feet from an occupied burrow during the non- breeding season (September 1 through January 31), and a minimum of 250 feet from an occupied burrow during the breeding season (February 1 through August 31).
Applicant P,C DSD
PSD
CDFG
4.4-7(d) The project applicant shall provide appropriate mitigation for project related effects on burrowing owl in consultation with CDFG. Mitigation can be conducted either onsite, or at an off-site location that is approved by the CDFG. Preference is for onsite within open space areas, if possible.
Applicant C DSD
PSD
CDFG
Exhibit 5B
157
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
12 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
June 2024
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
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4.4-7 (continued)
4.4-7(e) The CDFG shall be consulted regarding the implementation of avoidance or passive relocation methods. All activities that will result in a disturbance to burrows shall be approved by CDFG prior to implementation.
Applicant C DSD
PSD
CDFG
4.4-8 The
proposed project
could result in
the loss of
foraging habitat
for Swainson’s
hawk, white
tailed kite,
burrowing owl
and other
raptors.
4.4-8 The project applicant shall preserve annual grasslands or other suitable raptor foraging habitat at a ratio of 0.75 to 1.0 (as approved by the City and CDFG).
Preservation may occur through either:
• Payment of a mitigation fee to the City of Lincoln through a negotiated agreement between the City, the project applicant, and CDFG. The monies would be held in a trust fund, and used to preserve mitigation land through the purchase, monitoring, maintenance, and remediation of lands that supports suitable foraging habitat for Swainson’s hawk. (consistent with CDFG guidelines); or
• Purchase of conservation easements or fee title to suitable Swainson’s hawk foraging habitat to protect the habitat from urban development; or • If adopted prior to issuance of the first grading permit for the proposed project, the project applicant may mitigate this impact through participation in the Placer County Natural Community Conservation Plan/Habitat Conservation Plan. If the plan is adopted prior to construction of a future phase, the project applicant may mitigate this impact through participation in the plan.
Applicant G DSD
PSD
CDFG
4.4-9 The
proposed project
could result in
loss of Valley
elderberry
longhorn beetles
and their habitat.
4.4-9(a) Prior to any ground-disturbing activity, the project proponents shall conduct a survey for potential VELB habitat (elderberry shrubs) within 100 feet) of the area to be disturbed.
Applicant P DSD
Exhibit 5B
158
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
13 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
June 2024
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
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4.4-9 (continued)
4.4-9(b) Any ground disturbing activities within 100 feet of elderberry plants containing stems measuring 1.0 inch or greater in diameter at ground level shall conform to the following minimum avoidance measures:
i) Applicants shall provide a minimum setback of at least 20 feet from the drip line of each elderberry plant containing stems measuring 1.0 inch or greater in diameter at ground level. The setbacks shall be fenced and flagged to identify equipment and materials encroachment into the setback zone. Fire fuel breaks (disked land) may not be included within the 6 m set back. Where encroachment within the 20 foot setback zone is unavoidable, the applicant shall provide compensatory mitigation at a 50 percent ratio of the standard requirements identified in the table below.
ELDERBERRY MITIGATION RATIOS
Location/Ste
m Size*
Exit
Holes**
Elderberry
Seedling
Ratio
Elderberry
Seedling
Ratio
Elderberry
Seedling
Ratio
Associated
Native Plant
Ratio
Stems ≥1” &
< 3”
No 2:1 4:1 5:1 1:1
Yes 4:1 8:1 10:1 2:1
Stems ≥3”&
<5”
No 3:1 6:1 8:1 1:1
Yes 6:1 12:1 15:1 2:1
Stems ≥ 5” No 4:1 8:1 10:1 1:1
Yes 8:1 16:1 20:1 2:1
Notes:
* Ratios are shown for elderberry occurring in existing or historic riparian situations. Ratios for elderberry in non-riparian situations are 50 percent of the standard ratio. ** The presence of exit holes in a stem, bush, or contiguous clump applies to the entire site.
ii) Construction contractors shall be briefed on the need to avoid damaging the elderberry plants and the possible penalties for not complying with these requirements.
Applicant C PSD
Exhibit 5B
159
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
14 MITIGATION MONITORING PROGRAM
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4.4-9 (continued) iii) Work crews shall be instructed about the status of the beetle and the need to protect its elderberry host plant.
iv) No insecticides, herbicides, fertilizers, or other chemicals that might harm the beetle or its host plant shall be used in the buffer areas, or within 100 feet of any elderberry plant with one or more stems measuring 1.0 inch or greater in diameter at ground level. v) Mowing of grasses/ground cover shall occur only from July through April to reduce fire hazard. No mowing shall occur closer than 5 feet to elderberry plant stems. Mowing must be done in a manner that avoids damaging plants (e.g., avoid stripping away bark through careless use of mowing/trimming equipment).
vi) Trimming of elderberry stems less than 1 inch in diameter may occur between September 1 and March 14. The recommended period for trimming is between November through the first two weeks in February when the plants are dormant and after they have lost their leaves.
4.4-9(c) In cases where removal of elderberry shrubs or their stems measuring 1-inch or greater (removal or trimming) is unavoidable, these impacts shall be compensated for by salvaging and planting the affected elderberry shrubs and planting additional elderberry shrubs and associated native riparian plants according to the ratios specified in the table, above. Mitigation planting shall occur, to the maximum extent practicable, in areas adjacent to the impact area and/or located to fill in existing gaps in riparian corridors.
Applicant C DSD
PSD
4.4-10 The
proposed project
could result in
loss of nesting
habitat for tri-
colored blackbird
and black rail.
4.4-10(a) For portions of the project where the onset of construction occurs between April 1 and August 31, the project applicant shall retain a qualified biologist to conduct pre- construction nesting surveys for tri-colored blackbird colonies and black rail within the disturbance areas on the project site. The survey shall be conducted no more than 30 days from the onset of construction. If ground-disturbing activities are delayed or suspended for more than 30 days after the preconstruction survey, the site shall be re-surveyed. If the survey does not identify any colonies of nesting tricolor blackbirds or black rail on the project site, no further mitigation would be required.
Applicant P DSD
PSD
4.4-10(b) Should any active tricolor blackbird colonies or black rail be found nesting on the project site, the project applicant, in consultation with the City of Lincoln and CDFG, shall avoid all active nest sites located in the project site during the breeding season while the nest site is occupied with adults and/or young. This avoidance Applicant C
DSD
PSD
Exhibit 5B
160
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
15 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
June 2024
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
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could consist of delaying construction to avoid the nesting season or establishing a buffer around the nest site. If the construction cannot be delayed, avoidance shall include the establishment of a non-disturbance buffer zone around the nest site.
The size of the buffer zone will be determined in consultation with the City and CDFG, and will be, at a minimum, 250 feet. The buffer zone shall be delineated by highly visible temporary construction fencing. Any occupied nest shall be monitored by a qualified biologist to determine when the nest is no longer used.
4.4-13
Occupan
cy of the
proposed project
could result in an
increase in
ambient light in
adjacent
undeveloped
areas, which
could affect
wildlife.
4.4-13 Implement Mitigation Measure 4.1-3(a), which requires that light standards be shielded and directed to ensure that light does not fall on adjacent parcels.
Applicant B DSD
4.4-14 The
proposed project
could result in
loss of protected
oak trees and
oak woodlands.
4.4-14 Implement the Village 1 Specific Plan Oak Woodland Mitigation and Management Plan.
Applicant I DSD
PSD
4.5 Cultural Resources
4.5-1 The
proposed project
could damage or
destroy known
historic-period
resources.
4.5-1(a) As part of the subsequent CEQA review for any small lot tentative map, or grading or improvement plans for projects that do not require a small lot tentative map, within the programmatic portion of the Village 1 Specific Plan, the project applicant shall hire a professional who meets the Secretary of the Interior's Professional Qualifications Standards for Historic Architecture to perform the following:
i) conduct an historical architectural survey for areas that have not been subject to comprehensive investigation meeting professional standards. ii) identify and evaluate the historic-period resources identified in the cultural resource investigation for the property subject to the grading permit and/or improvement plans. Resources that have been identified to date, but not Applicant P DSD
Exhibit 5B
161
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
16 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
June 2024
Impact Mitigation Measures – Programmatic Portion Responsible Entity
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4.5-1 (continued) evaluated, include P-31-0965, P-31-1679-H, P-31-1680, P-31-1682, P-31- 1683, P-31-1684, P-31-1686, P-31-1687, P-31-1688, P-31-1689, P-31-1691- H, P-31-1695, P-31-1696, P-31-1698-H, P-31-1708, P-31-1710, P-31-1719, P-31-1721, P-31-1723, P-31-2611-H, and P-31-2612-H.
If none of the identified historic resources within the property subject to the grading permit and/or improvement plans are found to be eligible for listing on the NRHP or CRHR, no further action is required.
4.5-1(b) A design plan shall be prepared by a professional meeting Secretary of Interior standards for all resources found to be eligible for listing pursuant to Mitigation Measure 4.5-1(a). The design plan shall incorporate methods determined appropriate and feasible by the historic architecture professional in coordination with the City of Lincoln. Methods to reduce impacts on historic-period resources shall include, but not be limited to,
i) If feasible, the resources shall be preserved in place, and, as appropriate, incorporated into parks and open space/corridors; ii) If it is not feasible to preserve the resource in place, it shall be recorded pursuant to Secretary of Interior standards, and architectural features and/or artifacts shall be made available to an appropriate museum and/or historical organization;
iii) If the significant historical resource is retained and reused, all rehabilitation, renovation, and additions shall meet Secretary of Interior standards to the extent feasible;
iv) Project development to adjacent to significant historical resources that are to be retained shall be designed to be in character with the historic setting of the resources, consistent with Secretary of Interior standards; v) Commemorative markers and interpretive exhibits shall be used to educate the public about the history of the plan area. The content of the commemorative markers and interpretive exhibits could include subjects such as mining, ranching, and Native American activities in the plan area. Markers and exhibits shall be prepared by a historic architecture professional or equally qualified professional.
Applicant P,G DSD
4.5-2 The
proposed project
could damage or
destroy identified
4.5-2a) As part of the subsequent CEQA review for any small lot tentative map, or grading or improvement plans for projects that do not require a small lot tentative map, in the unsurveyed portion of Phase 1 (APN’s 021-272-012 and 021-272-013) and the
programmatic portion of the Village 1 Specific Plan that has not been subject to Applicant A,P,G DSD
Exhibit 5B
162
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
17 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
June 2024
Impact Mitigation Measures – Programmatic Portion Responsible Entity
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archaeological
resources.
comprehensive investigation for the identification of Tribal Cultural Resources (TCRs), the project applicant shall submit to the City a draft cultural resources report that meets the Secretary of the Interior's Standards for all previously unsurveyed portions of the project site. The City shall consult with the California Native American tribes traditionally and culturally affiliated with the geographic area prior to completion of the draft report.
Upon receipt of a discretionary entitlement application (e.g., small lot tentative map), or grading or improvement plans for projects that do not require a discretionary entitlement, the City shall notify California Native American tribes traditionally and culturally affiliated with the geographic area who have requested notification pursuant to AB 52. The City shall request that the tribe(s) identify portions of the project site that could be sensitive or potentially sensitive for tribal cultural resources (TCRs) and evaluate any TCRs that the Tribe determines to be present. If requested by the Tribe(s), information regarding known sites and areas within the project boundaries that are potentially sensitive for TCRs shall be provided to the Tribe(s), and, if requested, a site visit will be conducted with tribal representatives.
The notification will contain the following:
• A request to consult, pursuant to AB52.
• A written description of the type of proposed ground disturbance, location and boundaries.
• A description of the activities (e.g., HDD, trenching, etc.). • A map of the project area at a sufficient scale to indicate the spatial extent of activities.
• A detailed description of the depth of excavation.
The draft cultural resources report will be provided to the tribe(s) with the notification. The final cultural resources report will incorporate the findings of the Tribe. If a tribe does not respond to the City’s notice within 30 days, it will be assumed that they are not aware of any TCRs within the project site.
If the Tribe identifies one or more areas within the project site that could be sensitive for TCRs, and the potentially sensitive site is in an area that would be disturbed by project construction, all necessary measures to avoid and protect the Exhibit 5B
163
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
18 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
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4.5-2 (continued) site shall be considered, and a Treatment Plan shall be prepared in consultation with the Tribe prior to any disturbance of the potential TCR site. The Treatment Plan shall include identification methods, including but not limited to, where appropriate, canine forensic surveys, ground penetrating radar, or vegetation clearing for better visibility.
If the identified site is a tribal cultural resource, the project shall be designed to avoid the resource, if feasible. If there are resources that cannot be avoided, the City, shall
consult with the geographically and culturally affiliated tribe(s) regarding the protection measures that are proposed to be implemented. These protection measures will be written in clear, enforceable language. The City shall provide the tribe(s) the opportunity to submit comments and participate in consultation to resolve issues of concern. The project proponent shall not implement the treatment until the tribe approves protection measures, or if agreement cannot be reached after a good-faith effort, the City determines that any or all feasible measures have been implemented, where feasible, and the resource is either avoided or protected.
4.5-2(b) As part of the subsequent CEQA review, including AB 52 consultation where applicable, for any small lot tentative map, or grading or improvement plans for projects that do not require a small lot tentative map, the consulting Tribe(s) shall evaluate the resources identified as P-31-1678, P-31-1681, P-31-1688, P-31-1690, P-31-1693, P-31-1694, P-31-1696, P-31-1699, P-31-1700, P-31-1718, P-31-1720, P-31-1722, P-31-1724, P-31-1725, P-31-1726, P-31-1729, P-31-1730, P-31-1731, P-31-1732, P-31-1733, P-31-1734, P-31-1735, and P-31-1737, as well as any unrecorded TCRs, sacred lands, Tribal Cultural Landscapes, or areas of tribal cultural or religious significance. For any site that qualifies as a TCR, historical resource or unique archaeological resource, mitigation of impacts on the resource shall follow standard professional procedures, including, but not limited to, avoidance, protection, written and photographic documentation, or other measures identified in California Public Resources Code section 21083.2, or in consultation with Tribes as described in (a), above.
Applicant,
DSD
A, P,G DSD
Exhibit 5B
164
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
19 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
June 2024
Impact Mitigation Measures – Programmatic Portion Responsible Entity
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Milestone
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4.5-3 The
proposed project
could cause a
substantial
adverse change
in the
significance of
previously
undiscovered
prehistoric or
historic-period
archaeological
resources.
4.5-3a) Construction personnel shall be informed of the possibility of buried cultural resources anywhere within the project site and the protocol to be followed if a tribal cultural resource is encountered. Prior to the onset of grading, the project applicant shall distribute a cultural resources handbook that explains the procedures to follow if cultural resources and human remains are encountered, provide a list of important contact information and phone numbers, and include written descriptions and photographic examples (where possible) of cultural resources. The project applicant may shall also hire a certified Tribal Monitor to conduct a pre-construction training of all construction personnel involved in grading and excavation activity. If the area has been previously determined to be culturally sensitive, the project proponent shall hire a certified tribal monitor to observe all initial ground disturbing activities (e.g., initial grading and trenching in areas not previously graded) in the area determined to be culturally sensitive. Additional monitoring of ground disturbing activities may be required, based on the sensitivity of the area.
Applicant C DSD
4.5-3(b) In the event that any previously unidentified subsurface archaeological or Tribal Cultural resources are discovered during construction-related earth-moving activities, all ground-disturbing activity within 100 feet of the resources shall be halted and the City of Lincoln (the City) shall be notified. The City shall consult with the consulting Tribe(s) to assess the significance of the find. If the find is determined to be significant by the Tribe(s) (i.e., because the find is determined to constitute either an historical resource, unique archaeological resource and/or a tribal cultural resource), then representatives of the City, the geographically and culturally affiliated tribal representative (for prehistoric and tribal cultural resources) and the qualified archaeologist and consulting tribe(s) shall meet to determine the appropriate course of action, with the City making the final decision. All significant cultural materials that cannot avoided in place shall be collected by the Tribal Monitor and stored in a secure location on site, such as a lock box or conex. All materials shall be reburied in an area that is predetermined to not have future ground disturbing activities. This area shall be recorded using GPS by the consulting Tribe and the location kept confidential in the tribal database.
Applicant,
DSD
C DSD
4.5-3(c) If the consulting Tribe(s) determines that some or all of the affected property qualifies as a Tribal Cultural Landscape, including a Native American sanctified cemetery, place of worship, religious or ceremonial site, or sacred shrine (Public Resources Code section 5097.9) or a Native American historic, cultural, or sacred site, that is listed or may be eligible for listing in the California Register of Historical Resources pursuant to Public Resources Code §5024.1, including any historic or prehistoric ruins, any burial ground, any archaeological or historic site (Public Applicant C DSD
Exhibit 5B
165
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
20 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
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Impact Mitigation Measures – Programmatic Portion Responsible Entity
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4.5-3 (continued) Resources Code Section 5097.993), the archaeologist, in consultation with the tribe, shall recommend to the City potentially feasible mitigation measures that would preserve the integrity of the site or minimize impacts to it, including any or a combination of the following:
i. Avoidance, preservation, and/or enhancement of all or a portion of the Tribal Cultural Landscape as open space or habitat, with a conservation easement dedicated to the most interested and appropriate tribal organization, if such an organization is willing to accept and maintain such an easement, or alternatively, a cultural resource organization that holds conservation easements;
ii. An agreement with any such tribal or cultural resource organization to maintain the confidentiality of the location of the site so as to minimize the danger of vandalism to the site or other damage to its integrity; or iii. Other measures, short of full or partial avoidance or preservation, intended to minimize impacts to the Native American Cultural Place consistent with land use assumptions and the proposed design and footprint of the development project for which the requested grading permit has been approved.
4.5-3(d) After receiving such recommendations, the City shall assess the feasibility of the recommendations and impose the most protective mitigation feasible. In reaching conclusions with respect to these recommendations, the City shall consult with both the project applicant and the geographically and culturally affiliated Tribe(s) engaged in AB52 consultation with the City.
City C DSD
4.5-3(e) Implement Mitigation Measure 4.5-4, in the event human remains are discovered. See Measure 4.5-4
4.5-4 The
proposed project
could disturb
human remains.
4.5-4 If human remains are discovered at any project construction sites during any phase of construction, all ground-disturbing activity within 50 feet of the remains shall be halted immediately, and the City of Lincoln (the City) and the Placer County coroner shall be notified immediately. If the remains are determined by the County coroner to be Native American, the Native American Heritage Commission (NAHC) shall be notified within 24 hours, and the guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains. The project applicant shall also retain a professional archaeologist with Native American burial experience to conduct a field investigation of the specific site and consult with the Most Likely Descendant, if any, identified by the NAHC. As necessary, the archaeologist may provide professional assistance to the Most Likely Descendant, including the excavation and removal of the human remains. The City shall be responsible for approval of recommended Applicant/City C DSD
Exhibit 5B
166
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
21 MITIGATION MONITORING PROGRAM
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4.5-4 (continued) mitigation as it deems appropriate, taking account of the provisions of state law, as set forth in CEQA Guidelines section 15064.5(e) and Public Resources Code section 5097.98. The project applicant shall implement approved mitigation, to be verified by the City, before the resumption of ground-disturbing activities within 50 feet of where the remains were discovered.
4.5-5 The
proposed project
could directly or
indirectly destroy
unique
paleontological
resources.
4.5-5(a) Construction personnel shall be informed of the possibility of discovering fossils anywhere within the project site, but primarily in the western part of Phase 1, and the protocol to be followed if a fossil is encountered. This information shall be included in the “cultural resources handbook” prepared under Mitigation Measure
4.5-3. It shall describe procedures to follow if fossils are encountered, provide a list of important contact information and phone numbers, and include written descriptions and photographic examples (where possible) of the fossils. The project applicant may also hire a professional who meets the Society of Vertebrate Paleontology standards to conduct a pre-construction training of all construction personnel involved in grading and excavation activity.
Applicant/City C DSD
4.5-5(b) In the event that paleontological resources are discovered during earth-moving activities, ground-disturbing activity within 50 feet of the resources shall be halted until the project applicant hires a qualified paleontologist to examine the resources and assess its significance. If the resource is determined to be significant, representatives of the City of Lincoln (the City) and the qualified paleontologist shall determine the appropriate course of action (i.e., any additional exploratory measures deemed necessary for the further evaluation of and/or mitigation of adverse impacts to the resources), with the City making the final decision. All significant paleontological resources recovered shall be subject to scientific analysis
and professional curation; a report of these activities shall be prepared for the City by the paleontologist according to current professional standards.
Applicant/City C DSD
4.6 Greenhouse Gas Emissions and Climate Change
4.6-1 The
proposed project
would generate
greenhouse gas
emissions, either
directly or
indirectly, that
would contribute
4.6-1(a) An Energy Conservation Plan for all commercial and residential development shall be required prior to recordation of the first small lot Final Map. The plan shall describe the techniques and programs to be employed in the development of the project to achieve a minimum 15 percent energy efficiency above that required by the 2008 Title 24 energy efficiency regulations, or compliance with the then-current Title 24 energy efficiency regulations. These programs shall include one or more of the following, or equally effective measures:
Participation in the PG&E Energy Star Performance Method. This method is available to builders of single-family and multi-family homes that are at least 15 Applicant I DSD
Exhibit 5B
167
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
22 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
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to global climate
change.
percent more energy efficient than required by the 2008 Title 24 energy efficiency regulations and meet all US EPA specifications. Participating builders become part of the California Energy Star New Homes Program, and their homes earn the Energy Star label. Incremental incentives can also be earned by adding energy efficient appliances and/or lighting to homes. Plans submitted for Design Review shall include all energy efficiency features to be incorporated into the project.
OR
Participation in the New Solar Homes Partnership (NSHP) Performance Method.
This method is available to builders of single-family homes that are at least 15 percent more efficient than required by the 2008 Title 24 energy efficiency regulations and meet all US EPA specifications. Prior to the issuance of a Building Permit, the floor plans and exterior elevations submitted in conjunction with the Building Permit application, shall show that the applicant has installed the appropriate number of solar panels or Photovoltaic roofing tiles throughout the project (described as lot numbers, locations, and/or
building numbers and locations)
to offset that development’s share of the 7,599,510 kwh/year total Plan’s onsite renewable energy offsets.
OR
Participation in the Build It Green Program, which was created by Build It Green, a non-profit organization whose mission is to promote health, durable, energy and resource efficient buildings throughout California. Using the Green Point Checklist, a home can be considered green if it fulfills the prerequisites and earns at least 50 points and meets the minimum points per category: Energy (30 points); Indoor Air Quality (5 points); Resources (6 points); and Water (9 points). Build It Green uses certified Green Point Raters to measure success with the program and verification of the measures employed to meet the requirements of the checklist. Plans submitted for Design Review shall include a completed copy of the Green Point Checklist.
Exhibit 5B
168
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
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4.6-1 (continued)
4.6-1(b) The project applicant shall be responsible for having prepared, by an experienced and qualified firm, an Energy Resource Conservation Guide that will provide educational information on how homeowners can increase energy efficiency and conservation in their new homes. The information will be delivered to each original homeowner as part of the move-in package. The information packet shall be reviewed by, and be subject to approval of, City of Lincoln staff. A copy of the Energy Resource Conservation Guide shall be submitted to the City for review prior to the completion of construction activities, and finalized before occupancy.
Applicant O DSD
4.6-1(c) Light Emitting Diode (LED) traffic signals and LED street lights, or more energy- efficient signals and streetlights, shall be installed in accordance with City improvement standards or as otherwise approved by the Development Services Director.
Applicant G DSD
4.6-1(d) The project applicant shall prepare a tree planting program to guide the planting of shade trees within residential lots and along streets in a manner that reduces radiant heat. Commercial and retail parking lots shall be planted with shade trees that will produce 50% coverage within 15 years. Landscape Plans submitted for Design Review shall include a copy of the tree planting program.
Applicant G DSD
4.6-1(e) A tree information planting and care guide shall be delivered to each original homeowner as a part of the move in package. If the guide is prepared by someone other than the City, it shall be reviewed by, and be subject to the approval of, City of Lincoln staff. . A copy of the tree information planting and care guide shall be submitted to the City for review prior to the completion of construction activities, and finalized before occupancy.
Applicant O DSD
4.6-1(f) Energy efficient lighting fixtures shall be installed as part of the original construction of residential and commercial structures. Plans submitted for Design Review shall include documentation of the energy efficient lighting fixtures to be used.
Applicant B DSD
4.6-1(g) New commercial buildings shall be 15 percent more energy efficient than the 2008 Title 24 building standards based on annual energy usage requirements, or comply with the then-current Title 24 energy efficiency regulations. Plans submitted for Design Review shall include all energy efficiency features to be incorporated into the project.
Applicant B DSD
4.6-1(h) Prior to approval of Improvement Plans, the applicant shall show that the roadway system shall be designed to accommodate the usage of neighborhood electric vehicles (NEVs).
Applicant G DSD, PSD
4.6-1(i) Prior to approval of a Grading Permit, Improvement Plans, or Design Review approval, the applicant shall show that bus turnouts and transit shelters shall be Applicant G DSD, PSD
Exhibit 5B
169
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
24 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
June 2024
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
4.6-1 (continued)
placed on roadways that are to be served by future bus transit in accordance with City improvement standards and as otherwise directed by City’s Development Services Director.
4.6-1(j) Implement Mitigation Measure 4.3-2. See MM 4.3-2 Exhibit 5B
170
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
25 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
June 2024
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
4.7 Hazardous Materials
4.7-2 The
proposed project
could occur in
locations where
historic land
uses are known
to have resulted
in soil or
groundwater
contamination or
may have the
potential to have
caused soil or
groundwater
contamination.
4.7-2(a) Prior to approval of any Tentative Map and/or a specific development permit, the applicant shall submit a Phase I ESA that has been prepared in accordance with the most current ASTM 1527 standard. If the results of the Phase I ESA indicate no recognized environmental conditions, no further action is required. However, the City shall ensure Improvement Plans and/or grading permits include the requirements of Mitigation Measure 4.7-2(b) pertaining to the discovery of previously unidentified conditions or hazards. No Phase I ESA is necessary for the Walkup Ranch property because one has already been prepared.
Applicant I DSD
4.7-2(b) For any specific development location for which the Phase I ESA completed in accordance with Mitigation Measure 4.7-2(a) identifies recommendations for further investigation and/or remediation, prior to issuance of a grading permit for the affected location, the City shall ensure the recommendations are implemented to the satisfaction of PCDEHS. If contaminants are present at levels that could pose a human health or environmental risk that would be immediately dangerous to life and health, no soil disturbance shall be permitted until the location has been remediated to the satisfaction of PCDEHS. If contaminants are present at levels that do not pose an immediate threat, construction activities may proceed provided a Soil Management Plan and Health and Safety Plan prepared by a qualified professional have been submitted to and approved by PCDEHS. The City shall also ensure Improvement Plans and/or grading permits include the requirements of this Mitigation Measure 4.7-2(b) pertaining to the discovery of previously unidentified conditions or hazards. If previously unidentified contamination is discovered in the former Titan missile facility or gun range parcels (PA 15 and PA 66) (parcel numbers are based on the August 2011 Specific Plan), the City shall immediately notify CVRWQCB. Work in those areas shall not resume until approved by CVRWQCB.
Applicant P,G DSD
PCDEHS
CVRWQB
Exhibit 5B
171
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
26 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
June 2024
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
4.7-3 Demolition
of on-site
structures to
accommodate
development of
the Village 1
Specific Plan
could expose
people to
potential health
hazards by
demolishing
buildings on the
project site that
could contain
asbestos and/or
lead-based paint.
4.7-3 Prior to demolition of any structures located on the project site, the project applicant(s) shall retain a Cal OSHA-certified lead-based paint and ACBM contractor to conduct a risk assessment of all structures on-site constructed prior to 1978 for the presence of ACBMs and/or lead-based paint. If ACBMs and/or lead- based paint are determined to exist on site, the contractor shall prepare a site- specific ACBM and lead hazard control plan. If the plan calls for the removal of ACBMs and lead-based paints prior to demolition activities, ACBM removal methods may include, but are not limited to: dry stripping, wet controlled stripping, high pressure water jetting, and air management for hot stripping. Paint removal methods may include, but are not limited to: use of a heat gun, tools equipped with HEPA exhaust capability, wet scraping, and chemical removers. If removal is not deemed necessary prior to demolition, the plan shall make other recommendations for the containment of any ACBMs or lead-based paint materials that could be released into the environment during demolition activities, as well as appropriate disposal methods. The plan shall also provide specific instructions for providing protective clothing and gear for abatement personnel.
Wastes from abatement and demolition activities shall be managed and disposed of at a landfill(s) licensed to accept ACBMs and lead-based waste.
Once all abatement measures have been implemented, the project applicant(s) shall provide written documentation to the City that ACBM and lead-based paint testing and abatement, if necessary, has been completed in accordance with all federal, state, and local laws and regulations, including: lead-based paint exposure guidelines provided in “Guidelines for the Evaluation and Control of Lead Based Paint Hazards in Housing” by the U.S. Department of Housing and Urban Development (HUD), Construction Safety Order 1532.1 from Title 8 of the California Code of Regulations (CCR), and the California Department of Health Services.
Applicant P DSD
4.8 Hydrology and Water Quality
4.8-1 The
proposed project
would increase
the amount of
impervious
surfaces and
alter drainage
patterns, which
could increase
the potential for
4.8-1(a) i) Project applicant(s) shall ensure that planned improvements to the SR 193 bridge are operational prior to receiving a grading permit for development in the programmatic portion (beginning with Phase 2).
OR
ii) If SR 193 bridge improvements are not completed prior to receiving a grading permit for areas within the Auburn Ravine watershed, beginning with Phase 2, the applicant(s) shall provide on-site detention and/or retention to mitigate increases in water surface elevation (WSE) if the results of modeling show a 0.05-foot increase Applicant G PSD
DSD
Exhibit 5B
172
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
27 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
June 2024
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
localized and
downstream
flooding.
or greater in WSE, or if peak flow rates increase by 1 percent or more within project boundary or downstream of the SR 193 bridge.
AND
iii) Project applicant(s) shall provide for peak flow mitigation as defined in Village 1 Specific Plan, City of Lincoln, CA, Drainage Master Plan Table II.F.1B for the programmatic portion in order to mitigate potential on-site flooding from increased peak flows associated with development of the projects. Prior to issuance of a grading permit, project applicants shall demonstrate that provisions for peak flow mitigation in the preliminary grading plan, as defined in Village 1 Specific Plan, City of Lincoln, CA, Drainage Master Plan Table II.F.1B and Tables III.A.3A to III.A.3F, as applicable for the project. The City Engineer shall review plans for compliance with the applicable portions of Table II.F.1B and Tables III.A.3A to III.A.3F, as applicable, prior to issuance of a grading permit. Prior to issuing a building permit for any project in the Village 1 Specific Plan, overbank excavation and stabilization of channels that will receive runoff from the area(s) to be developed shall be completed. The City Engineer shall confirm that peak flow mitigation has been constructed in accordance with the approved plans. iv) The project applicant for projects within the programmatic portion of the project site shall prohibit development of structures within the modeled floodplains of North and South Ingram Slough as identified in the Village 1 Specific Plan, City of Lincoln, CA, Drainage Master Plan Post-Project 100-Year Floodplain Alt. 193 Fix figures.
4.8-2 The
proposed project
would increase
stormwater
volumes in
Auburn Ravine,
Ingram Slough,
Orchard Creek,
and ultimately
the Natomas
Cross Canal.
4.8-2(a) Prior to approval of the first final map, the Applicant shall identify 87.1 acre-feet of storage capacity in the watershed to accommodate increased stormwater runoff volumes associated with the programmatic portion of the Village 1 Specific Plan.
Storage capacity may be incorporated into on-site design, obtained at the approved LFVMF, if operational at the time of development, or at a location approved by or acceptable to the City.
The Applicant shall be required to cover its fair share of costs associated with construction, operation, and maintenance of the LFVMF to offset increased stormwater volume generated by the Village 1 Specific Plan. For capital improvements, funding shall be through the City’s existing PFE program. Fees for operation and maintenance shall be through an assessment district established during the Final Map processing. Fees shall be paid in conjunction with issuance of building permits. If, at the time the first final map is submitted for approval, the regional facilities are not available or operational, or if additional capacity is required, the Applicant shall incorporate in to the final design sufficient on-site Applicant I PSD
DSD
Exhibit 5B
173
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
28 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
June 2024
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
4.8-2 (continued) storage capacity, or a combination of on-site and off-site capacity, to fully mitigate the 87.1 acre-feet.
If off-site facilities are used, the Applicant shall be required to cover its fair share of costs associated with construction, operation, maintenance, and management of the regional retention facilities to offset increased stormwater volume generated by the Village1 Specific Plan. Assuming the regional facility has been constructed, Applicant shall pay the appropriate fees.
4.8-3 The
proposed project
would include
placement of fill
in the 100-year
floodplain
(overbank area)
to accommodate
road crossings,
culverts, and
other structures.
4.8-3(a) When the Oak Tree Lane bridge is in the design phase, the City shall ensure the bridge is designed to convey 100-year storm event flows in accordance with the Village 1 Specific Plan, City of Lincoln, CA, Drainage Master Plan.
City G PSD
4.8-3(b) Implement Mitigation Measure 4.8-1 (V1SP DMP recommendations).
4.8-4 The
proposed project
would increase
the types and
amounts of
pollutants in
stormwater
runoff that could
be discharged to
Ingram Slough
and its tributaries
and Auburn
Ravine, which
could degrade
water quality.
4.8-4 Low Impact Development BMPs. Project Conditions of Approval shall specify that appropriate Best Management Practices (BMPs) be incorporated into project design prior to approval of final grading/improvement plan(s) to reduce urban pollutants in runoff, consistent with goals and standards established under federal and State non-point source discharge NPDES regulations and Basin Plan water quality objectives, the City’s Post-Construction Stormwater Runoff Control Ordinance No. 826B, and Low-Impact Development (LID) alternatives for stormwater quality control per Public Facilities and Services Implementation Measure 3.0 of the adopted 2050 General Plan.
The proposed water quality facilities shall be identified and designed in a Water Quality Management Plan prepared in accordance with Section 8.60.40 of the City’s Municipal Code for City review and approval. All water quality facilities identified in the Water Quality Management Plan shall be constructed with the installation of the infrastructure.
Applicant G PSD
DSD
Exhibit 5B
174
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
29 4.8-4 (continued)
The Water Quality Management Plan shall include a description of all non-structural BMPs and include Covenants, Codes, and Restrictions (CC&Rs), or similar regulatory mechanism, to enforce implementation of non-structural BMPs. Non- structural BMPs shall include, but not be limited to, “good housekeeping” practices for materials storage and waste management, storm drain system stenciling, landscape chemical use guidelines, and street sweeping.
The Water Quality Management Plan shall also include the method or methods for funding the long-term maintenance of the proposed water quality facilities. The City shall formally adopt and implement a funding mechanism specifically to fund the long-term maintenance of the proposed water quality facilities as proposed by the Stormwater Management Plan.
The project Applicant shall submit a site-specific BMP plan showing the on-site locations and effectiveness of the BMP facilities proposed for long-term water quality impact reduction prior to project approval. The plan shall include a method or methods for financing the long-term maintenance of the proposed site-specific facilities.
All BMPs for water quality protection, source control, and treatment control shall be developed in accordance with the Stormwater Quality Design Manual for the Sacramento and South Placer Regions (or other similar source approved by the City) for the project. The BMPs shall be designed to mitigate (minimize, infiltrate, filter, or treat) stormwater runoff. Flow or volume based post-construction BMPs shall be designed at a minimum in accordance with the PCFCWCD and City standards and shall be included for long-term maintenance of BMPs. All BMPs shall reflect the Best Available Technologies (BAT) available at the time of implementation and shall reflect site-specific limitations. The City shall make the final determinations as to the appropriateness of the BMPs proposed for the proposed project and the City shall ensure future implementation, operation, and maintenance of the BMPs.
To comply with the requirements of the Placer County Mosquito and Vector Control District, all BMPs shall be designed to discharge all waters within 96 hours of the completion of runoff from a storm event. All graded areas must drain so that no standing water can accumulate for more than 96 hours within water quality facilities.
Stormwater runoff from the proposed project’s impervious surfaces (including roads) shall be collected and routed through specially designed water quality treatment facilities (BMPs) for removal of pollutants of concern (i.e. sediment, oil/grease, etc.), as approved by the City. The Applicant shall verify that proposed BMPs are appropriate to treat the pollutants of concern from the proposed project and shall provide for the establishment of vegetation, where specified, by means of proper irrigation, for effective performance of BMPs. Maintenance of these facilities shall be provided by the City. Prior to project approval or Final Map approval, easements shall be created and offered for dedication to the City for maintenance and access to these facilities in anticipation of possible City maintenance. No water
Exhibit 5B
175
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
30 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
June 2024
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
4.8-4 (continued) quality facility construction shall be permitted within any identified wetlands area, floodplain, or right-of-way, except as authorized by project approvals.
4.9 Land Use
4.9-2 The
proposed project
could result in
incompatibilities
with adjacent
land uses.
4.9-2 Implement Mitigation Measure 4.9-1(b): When occupied residences would be located adjacent to active agricultural operations, including livestock grazing and/or confinement, the applicant shall provide to those home buyers information about the agricultural operations and potential nuisance activities occurring on lands adjacent to the project site, including a copy of Placer County’s Right-to-Farm Ordinance. Residential development located next to active agricultural areas shall have a notice included in the deed notifying buyers of the agricultural use.
See MM 4.9-1(b)
4.10 Noise
4.10-1 The
proposed
project would
increase traffic
noise levels at
existing noise-
sensitive land
uses in the
project vicinity.
4.10-1(a) The City shall work with Placer County and the Town of Loomis when Sierra College Boulevard is widened to four lanes from Taylor Road to Twelve Bridges Drive to encourage the use of rubber asphalt or an equally effective noise-suppressing surface.
City When
SCB
planned
for
widening
DSD
4.10-1(b) The City shall coordinate with Caltrans and/or South Placer Regional Transportation Authority (SPRTA) when SR 193 is widened to four lanes from west of Sierra College Boulevard to encourage the use of rubber asphalt or an equally effective noise-suppressing surface.
City When SR
193
planned
for
widening
DSD
4.10-1(c) An acoustical analysis shall be prepared during design of the Oak Tree Lane extension which shall identify mitigation measures to ensure outdoor activity areas of nearby residences do not exceed 60 dB Ldn and indoor areas do not exceed 45 dB Ldn. The construction of Oak Tree Lane shall include one of more of the following measures as necessary to ensure that outdoor activity areas of nearby residents do not exceed 60 dB Ldn and indoor areas do not exceed 45 dB Ldn: increasing the distance of the road from the residences, berms, walls or a combination of such features and/or use of rubberized asphalt or similar materials.
City During
design of
Oak Tree
Lane
extension
DSD
Exhibit 5B
176
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
31 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
June 2024
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
4.10-2 The
proposed project
would expose
noise-sensitive
land uses to
construction
noise.
4.10-2(a) Construction hours shall be limited to 7am to 7pm, Monday through Friday (unless extended by special permit).
4.10-2(b) All internal combustion engines associated with stationary and mobile construction equipment shall have adequate mufflers equal to or better than those supplied with the equipment by the manufacturer.
4.10-2(c) Onsite construction staging areas shall be located as far as practical from existing residential areas.
4.10-2(d) Advance notice shall be provided to all residences located within 300 feet of extensive compaction activities, including the approximate start date and duration of such compaction activities.
Applicant C PSD, DSD
4.10-3 The
proposed project
would expose
noise-sensitive
land uses to
noise generated
by commercial
and recreational
activities.
4.10-3(a) During design review for the Village Mixed Use area, the applicant shall demonstrate that outdoor areas associated with residential units will be protected from noise by one or a combination of the following and/or equally effective measures:
i) Mechanical equipment associated with the commercial uses shall be shielded from view of adjacent residential uses by building parapets or located within mechanical equipment rooms,
AND/OR
ii) Commercial loading docks located within 300 feet of existing or proposed residences shall be positioned in areas shielded from view of those residences by intervening commercial buildings,
AND/OR
iii) Solid noise barrier shall be constructed at the boundary of the commercial uses of sufficient height to intercept line of sight between heavy trucks and the affected area of the residential use,
AND/OR
iv) Truck deliveries shall be limited to daytime hours (7 am – 10 pm).
AND/OR
v) Signs shall be posted prohibiting idling of delivery trucks to 10 minutes or less.
Applicant B DSD
4.10-3(b) For recreational uses, one or a combination of the following shall be used to minimize the effects of outdoor noise on nearby residences during evenings and nighttime:
Applicant B DSD
Exhibit 5B
177
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
32 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
June 2024
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
4.10-3
(continued)
i) Any outdoor activity areas, such as sports fields or an amphitheater that seat large numbers of spectators and/or include mechanical amplification shall be sited and oriented away from residential areas, and shall be designed so that residential areas are shielded from noise from these sources; AND/OR
ii) Loudspeakers and other forms of amplification shall not be used in outdoor activity areas after 10 pm;
AND/OR
iii) The City shall place a nuisance easement over residential lots in the vicinity of activity areas that would produce amplified noise in the evening or nighttime.
4.10-4 The
proposed
project would
contribute to
cumulative
increases in
traffic noise
levels.
4.10-4 The City shall coordinate with Caltrans and/or South Placer Regional Transportation Authority (SPRTA) when Sierra College Boulevard is widened to four lanes south of SR 193 to encourage the use of rubber asphalt or an equally effective noise-suppressing surface.
City When
SCB
planned
for
widening
DSD
4.10-5 The
proposed project
could expose
future noise-
sensitive land
uses within the
Village 1 Specific
Plan area to
elevated traffic
noise levels.
4.10-5(a) Any residential development proposed within the 60-65 dB Ldn contour distances of Table 4.10-12, as measured from roadway centerline, shall include one of the following measures to ensure traffic noise does not exceed acceptable limits at the exterior and interior spaces of the residences:
i) The setback from the roadway shall be increased to locate the primary outdoor activity area beyond the 60 dB Ldn contour.
OR
ii) The primary outdoor activity areas shall be located on portions of the property that are shielded from view of the roadway(s).
OR
iii) Noise barriers shall be constructed of sufficient height to intercept line of sight between the primary outdoor activity areas and roadway(s) in question. Such barriers could take the form of earthen berms, solid walls, or a combination of the two.
Applicant G DSD
Exhibit 5B
178
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
33 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
June 2024
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
4.10-5
(continued)
OR
iv) The residential structures shall be located between the primary outdoor activity area and subject roadway(s).
4.10-5(b) Air conditioning or mechanical ventilation shall be provided to allow occupants to close doors and windows as desired for acoustical isolation from elevated traffic noise levels.
Applicant B DSD
4.10-5(c) Any residential development proposed within the 65-70 dB Ldn contour distances of Table 4.10-12, as measured from roadway centerline, shall include all of the following measures in addition to those specified in MM 4.10-5(b) to ensure traffic noise does not exceed acceptable limits at the exterior and interior spaces of the residences:
i) Noise barriers shall be designed of sufficient height to reduce exterior noise levels to 60 dB Ldn or less in primary outdoor activity areas.
AND
ii) All windows and sliding glass doors from which the subject roadways are visible shall have a minimum Sound Transmission Class (STC) rating of 32.
AND
iii) Exterior wall construction shall be stucco siding, or wood siding with a 3/4 inch shear under-layer, or the acoustic equivalent.
AND
iv) All exterior wall cavities shall be fully insulated.
Applicant G, B DSD
4.12 Public Services
4.12-7 The
proposed project
would generate
demand for park
and recreation
facilities.
4.12-7 The project applicant shall pay all applicable fair-share fees to the City pursuant to the established Park In-Lieu Fee Program and the applicable Public Facilities Element fees program to fund the provision of recreational facilities to meet demands created by Phase 1 development.
Applicant
B
DSD
Exhibit 5B
179
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
34 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
June 2024
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
4.13 Public Utilities
4.13-1 The
proposed project
would increase
the demand for
water supplies.
4.13-1(a) Prior to recordation of each Final Map for each subsequent project, the City of Lincoln shall obtain necessary entitlements demonstrating there will be adequate water supply to serve the portion of the proposed project defined on the Final Map, in accordance with Government Code Section 66473.7(a)(1) – SB 221 Written Verification of Water Supply. The commitment for service will require execution of a service order agreement, and the City shall collect necessary fees at the time of building permit issuance.
Applicant I DSD, PSD
4.13-1(b) Prior to the approval of the 1,200th connection to the City’s water system or a demand of 1,500 gpm within Village 1 and/or Village 2, whichever occurs first, the City shall ensure the following four improvements, or equally effective improvements for distribution, have been completed and are operational:
i) new 30-inch pipeline, to be owned by PCWA, connecting the 42-inch pipeline in the Catta Verdera 5 MG storage tank area to the City Pond Area, ii) new PCWA-owned metering station at the City Pond site, similar to the existing PCWA metering station at the Catta Verdera 5 MG tank site, to provide surface water deliveries to the City from the new 30-inch PCWA pipeline, iii) City-owned 16-inch high pressure pipeline to supply portions of the Catta Verdera development by gravity from the new PCWA metering station at the City Pond site so the current City booster pumping station serving the area can be placed on standby,
iv) City-owned 36-inch pipeline that will connect the new PCWA metering station to the existing 24-inch pipeline in Twelve Bridges Drive and the existing 30-inch pipeline to supply the Reservoir 1 tank sites from the new PCWA metering station.
City Prior to
1,200th
connection
DSD
4.13-1(c) Prior to the cessation of the 2004 Temporary Agreement, the City shall provide for its fair share funding of the design and construction of Phase 1 of the NID RWSP 10-mgd treatment facility and associated storage and transmission facilities.
Funding shall be timed to ensure that water from the RWSP will be available at the point at which PCWA no longer treats and conveys NID water under the 2004 Temporary Agreement.
City Prior to
cessation
of
temporary
agreement
Exhibit 5B
180
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
35 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
June 2024
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
4.13-2 The
proposed project
would contribute
to cumulative
increases in
demand for
treated water
supplies and
distribution.
4.13-2 Implement Mitigation Measure 4.13-1(b) and (c). See MM 4.13-1(b)
4.13-5 The
proposed project
would contribute
to cumulative
increases in
wastewater
generation
requiring
conveyance to
and treatment at
the WWTRF.
4.13-5 Prior to approval of the first Final Small Lot Map for the first planning area developed in the programmatic portion of the Village 1 Specific Plan, the City shall ensure the planned expansion of the WWTRF provides adequate capacity to accommodate flows from the programmatic portion of the project site. The project applicants shall pay fair-share cost of required fees to fund the expansion of the WWTRF.
City I DSD
4.13-8 The
proposed project
would use
energy for
construction and
operation.
4.13-8 Implement Mitigation Measures 4.3-1, 4.3-2, 4.6-1, and 4.13-12. See MMs 4.3-1, 4.3-2, 4.6-1 and 4.13-12
4.13-12
Construc
tion of the
proposed project
would generate
demolition waste
and construction
debris.
4.13-12 Prior to issuance of building permits for each individual project, project applicants shall prepare a waste management plan to divert at least 50 percent of the construction materials generated during construction of the particular project to ensure compliance with CALGreen requirements.
Applicant G DSD
4.14 Transportation and Circulation
4.14-1 The
proposed project
4.14-1 The City shall construct the following improvements prior to the service level degrading to LOS D and/or when signal warrants are met. These improvements City in
accordanc
DSD, PSD
Exhibit 5B
181
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
36 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
June 2024
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
would increase
traffic at
intersections
within the City of
Lincoln.
shall be incorporated into the City’s PFE fee program or other appropriate fee program. If there are not enough funds to construct the improvements when they are needed, then the applicant shall provide the necessary funding, subject to reimbursement as PFE fees are collected from City development projects. a) Signalize the intersection of Ferrari Ranch Road and Ingram Parkway or widen Ferrari Ranch Road to four through lanes when the LOS approaches D and/or signal warrants are met.
b) Signalize the intersection of Ferrari Ranch Road and Sun City Boulevard or, for Phase 1 only, widen Ferrari Ranch Road to four lanes when the LOS approaches D and/or signal warrants are met.
e with
mitigation
4.14-1(c) Signalize the intersection of Twelve Bridges Drive and Sierra College Boulevard when the LOS approaches D and/or signal warrants are met.
City When
signal
warrants
met
DSD
4.14-3 The
proposed project
would increase
traffic on
roadways
outside the City
of Lincoln.
4.14-3 If and when the Town of Loomis becomes a participant in SPRTA and/or the City and the Town enter into a reciprocal agreement for payment of fees to offset traffic impacts, the proposed project shall contribute its fair share toward the widening of Sierra College Boulevard to four lanes from the Town of Loomis limits to Taylor Road.
City, Loomis If and
when
Loomis
joins
SPARTA
and/or
enters
agreement
with the
City of
Lincoln
DSD
4.14-4 The
proposed project
would increase
traffic on impact
a.m. and p.m.
peak hour level
of service on
freeways under
Existing Plus
Project
conditions.
4.14-4 The City shall work with Caltrans on the timing of an additional mainline lane is constructed on SR 65 northbound between I-80 and Galleria Boulevard.
City, Caltrans O PSD
Exhibit 5B
182
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
37 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
June 2024
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
4.14-7 The
proposed project
would contribute
to cumulative
increases in
traffic at
intersections
outside the City
of Lincoln.
4.14-7(a) The proposed project shall contribute its fair share toward restriping to create a separate westbound right turn lane and northbound acceleration lane at the intersection of Sierra College Boulevard & English Colony Way (2030 and 2050).
Applicant Payment
of
SPARTA
fees
DSD
4.14-7(b) If and when the Town of Loomis becomes a participant in SPRTA and/or the City and the Town enter into a reciprocal agreement for payment of fees to offset traffic impacts, the proposed project shall contribute its fair share toward restriping to create a second southbound left turn lane at the intersection of Sierra College Boulevard & King Road (2030 and 2050).
Applicant If and
when
Loomis
joins
SPARTA
and/or
enters
agreement
with the
City of
Lincoln
DSD, PSD
4.14-7(c) The proposed project shall contribute its fair share toward eliminating southbound U- turns on Wildcat Boulevard and providing a right turn “overlap” signal phase on westbound West Stanford Ranch Road (2030).
Applicant If and
when the
cities of
Rocklin
and
Lincoln
enter
agreement
DSD, PSD
4.14-7(d) The proposed project shall contribute its fair share toward providing a second eastbound left turn lane on Ranch View Drive at its intersection with Wildcat Boulevard (2030).
Applicant If and
when the
cities of
Rocklin
and
Lincoln
enter
agreement
DSD, PSD
Exhibit 5B
183
Mitigation Monitoring Program
Village 1 Specific Plan: Stardust Project
38 MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – STARDUST PROJECT
June 2024
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
4.14-8 The
proposed project
would contribute
to cumulative
increases in
traffic on local
roadways
outside the City
of Lincoln.
4.14-8 The proposed project shall contribute its fair share toward the widening of Sierra College Boulevard to 6 lanes if and when this improvement is included in the SPRTA fee program. (2030 and 2050).
Applicant If and
when
improveme
nt is
included in
SPARTA
fee
DSD, PSD
4.14-9 The
proposed project
would contribute
to cumulative
increases in
traffic levels on
freeways.
4.14-9 The proposed project shall contribute its fair share toward the construction of an auxiliary lane on SR 65 Bypass Southbound from Ferrari Ranch Road to Lincoln Boulevard if and when the improvement is added to the SPRTA fee program and/or an agreement for collection of such fees is entered into by the City and Caltrans. (2030)
Applicant If and
when
improveme
nt is
included in
SPARTA
fee
DSD, PSD
Abbreviations
Monitoring Responsibility Timing of Action
DSD = City of Lincoln Development Services Department I = Prior to Construction Drawing Approval G = Prior to Improvement Plan/Grading Permit Approval
P = Pre-Construction/Grading
C = During Construction/Grading
O = Prior to Occupancy
B = Prior to Building Permit
PSD = City of Lincoln Public Services Department
PCAPCD = Placer County Air Pollution Control District
CDFG = California Department of Fish and Game
PCDEHS = Placer County Environmental Health Services
Corps = U.S. Army Corps of Engineers
Exhibit 5B
184
ORDINANCE ####B
AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LINCOLN AND STARDUST 80, A CALIFORNIA LIMITED PARTNERSHIP FOR THE DEVELOPMENT OF APPROXIMATELY 78 ACRES (STARDUST PROJECT) WITHIN THE VILLAGE 1 SPECIFIC PLAN AREA
WHEREAS, the City of Lincoln (“City”) received an application from Stardust 80, A California Limited Partnership (“Developer”) for the Stardust Project Development Agreement; and
WHEREAS, Section 65864, et seq. of the California Government Code provides for the preparation and adoption of amendments to development agreements; and
WHEREAS, the proposed Stardust Project includes residential uses and open space consistent with the Village 1 land use designations and applicable development standards for the Stardust Project site; and
WHEREAS, on November 27, 2012, the City Council of the City of Lincoln certified the Final Environmental Impact Report (FEIR) for the Village 1 Specific Plan (State Clearinghouse No. 2010102018), which analyzed the environmental i mpacts of development within the 1,832- acre Specific Plan project area, including up to 5,639 dwelling units at ranges of 1.0 to 25.0 units per acre. Approximately 985 of the 1,832 acres are dedicated to residential uses with an additional approximately 40 acres of mixed-uses that could include residential development, retail, office, and public/semi - public facilities. Other uses included the existing Turkey Creek Golf Course, open space, parks, an elementary school and city-owned facilities; and
WHEREAS, on September 26, 2023, the City Council certified that the FEIR for the Village 1 Specific Plan analyzed changes to the Village 1 land use plan, including the realignment of Oak Tree Lane, associated revisions to the land use designations and a reduction in the total number of residential units to 5,610; and
WHEREAS, all mitigation measures identified within the previously certified EIR shall remain applicable to the proposed Project and will mitigation or avoid significant environmental impacts; and
WHEREAS, the Stardust Project includes the following entitlements: Resolution 2024-157 (Addendum) , Resolution 2024- 158 (Large Lot Tentative Subdivision Map) , Resolution 2024- 159 (Small Lot Tentative Subdivision Map) and this Development Agreement; and
WHEREAS, there is no evidence that implementation of the Project Development Agreement would result in any new significant environmental impacts or substantial increases in the severity of significant effects previously identified in the certified Village 185
1 Speci fic Plan EIR , as supplemented in 2023, as documented in the Addendum prepared for the Project; and
WHEREAS, notices describing the proposed Development Agreement for the Stardust Project were sent to neighboring property owners pursuant to the Lincoln Municipal Code Section 18.80.030 and notice of the hearing was published in accordance with Section 6061 of the Government Code in at least one newspaper of general circulation within the City of Lincoln at least ten calendars days before the City Council’s public hearing; and
WHEREAS, on August 12, 2025, the City Council did hold a duly noticed public hearing and, following discussion and public testimony, vote to adopt the proposed Development Agreement for the Stardust Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINCOLN does ordain as follows:
1. The City Council hereby incorporates by reference the recitals set forth above.
2. Development Agreement Findings. Pursuant to Section 18.84.070 of the Lincoln Municipal Code, the City Council finds and determines as follows:
a. The Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the City’s General Plan. The Stardust Project will increase the City’s housing stock (Policy LU-1.7) and provide onsite open space (Policy LU -15.18) and pedestrian- friendly circulation that will connect to the City’s ultimate trail network consistent with General Plan policies LU-1.6, Goal T-5, and related policies. b. The Development Agreement is consistent with the objecti ves, policies, general land uses, and programs specified in the Village 1 Specific Plan (“Specific Plan”) because the Stardust Project will develop residential land uses; provide and connect to utility systems; and provide open space and protect wetlands and other sensitive habitats.
c. The Development Agreement is compatible with the uses authorized by the Village 1 General Development Plan (“GDP”) because the proposed project abides by the land use designations and development standards prescribes by the GDP.
d. The Development Agreement conforms to public convenience, general welfare, and good land use practices in furtherance of orderly planning efforts.
e. The Development Agreement will not be detrimental to the health, safety, and general welfare of persons res iding in the immediate area nor be detrimental or injurious to property or persons in the general 186
neighborhood or to the general welfare of the residents of the City as a whole
f. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values. g. The Development Agreement is consistent with the provisions of Government Code sections 65864 through 65869.5 because it will vest development rights and assurances to the Developer and will ensure that the Developer will be able to proceed with the development of the Stardust Project in accordance with the City’s rules, regulations, and official policies in effect on the effective date of the Development Agreement, subject to the conditions of approval.
3. The Development Agreement would not result in any new significant impacts or substantially increase the severity of significant impacts identified in the previous EIR.
4. If any section, sub-section, sentence, clause, phrase or portion of this Ordinance is for a ny reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. City Council hereby declares that it would have adopted the Ordinance and each section, sub -section, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases or portions to be declared invalid or unconstitutional.
5. Within fifteen days of passage of this Ordinance, the City Clerk shall cause the full text of the Ordinance, with the names of those City Councilmembers voting for and against the Ordinance, to be published in the Lincoln News Messenger.
In lieu of publishing the full text o f the Ordinance, the City Clerk, if so directed by the City Attorney and within fifteen days, shall cause a summary of the Ordinance, prepared by the City Attorney and with the names of the City Councilmembers voting for and against the Ordinance, to be published in the Lincoln News Messenger, and shall post in the office of the City Clerk a certified copy of the City Councilmembers voting for and against the Ordinance. The publication of a summary of the Ordinance in lieu of the full text of the Ordinance is authorized only where the requirements of Government Code § 36933(c)(1) are met.
INTRODUCED at a regular meeting of the City Council of the City of Lincoln held on August 12, 2025.
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
187
ABSTAINED: COUNCILMEMBERS:
ABSEN
T: COUNCILMEMBERS:
H olly Andreatta, Mayor
ATTEST:
Hope Ithurburn, City Clerk
188
Stardust Development Agreement
DEVELOPMENT AGREEMENT BY AND BETWEEN
THE CITY OF LINCOLN AND STARDUST 80
RELATIVE TO THE DEVELOPMENT KNOWN AS STARDUST
This Development Agreement (“Agreement”) is entered into this ___________day of______, by and between the CITY OF LINCOLN, a municipal corporation (“City”), and STARDUST 80, a California limited partnership (“Developer”), pursuant to California Government Code Section 65864 et seq.
Recitals
A. State Authorization. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risks of development, the Legislature of the State of California adopted Government Code Sections 65864 et seq. (“Development Agreement Statute”), which authorizes City to enter into an agreement with any person having a legal or equitable interest in real property regarding the development of such property.
B. City Authorization. Pursuant to Government Code Section 65865, City has adopted procedures and requirements for consideration of development agreements which are contained in Lincoln Municipal Code Chapter 18.80. This Development Agreement has been processed, considered and executed in accordance with such procedures and requirements.
C. Property Description. The subject of this Agreement is the development of those certain parcels of land, Assessor's Parcel Number: 021-274-040-000, consisting of approximately 78 acres located within City’s limits as depicted in Exhibit “A” and more particularly described in Exhibit “B” (“Property”), attached hereto and incorporated herein by reference.
D. Developer’s Interest. Developer represents that it has a fee title interest in the Property, and that all other persons holding legal or equitable interests in the Property agree to and shall be bound by this Agreement.
E. Project Description. Developer intends to develop the Property with residential uses, recreation center, trails, and open space uses as depicted in Exhibit “C” attached hereto and in accordance with the General Development Plan.
F. Project Background and Approvals. In addition, on September 26, 2023, by Resolution No. 2023-179, City certified the Supplemental Final Environmental Impact Report for the Village 1 Specific Plan Amendment and by Resolution 2023- 180, approving the Village 1 Specific Plan Amendment (SPA).
1. Environmental Review. In compliance with the California Environmental Quality Act (“CEQA”), on November 27th, 2012, by Resolution No. 2012-195, City certified the Village 1 Spec ific Plan Environmental Impact Report (“EIR”) and adopted a Mitigation Monitoring Program (“MMP”). The City Council finds the Project is consistent with the Specific Plan and that no further environmental documents relating to this Agreement are necessary because there are no substantial changes in the Project or in the circumstances under which the Project is to 189
Stardust Development Agreement
be undertaken, no new information shows that the Project will have any new or substantially more severe impacts or that feasible mitigation measures are available to substantially reduce one or more of the Project’s impacts. Mitigation measures were identified in the EIR and the MMP and are incorporated in the Project and in the terms and conditions of this Agreement, as reflected by the findings adopted by the City Council concurrently with this Agreement.
2. Approved Land Use Entitlements. For the Property, City has approved the following land use entitlements in furtherance of the Project (“Entitlements”):
(a) A General Plan Amendment for the Property to amend the Land Use Diagram in City’s General Plan as approved by Resolution No. 2013-148, dated July 9th, 2013;
(b) A Specific Plan for the Village 1 area adopted by Resolution No. 2012-197 dated November 27th, 2012 (“Specific Plan”);
(c) Ordinance No. 1070B, dated October 10, 2023, for an Amendment to the Village 1 General Development Plan for development of the Property originally adopted by Ordinance No. 873B, dated December 11th, 2012(“General Development Plan”)
(d) Resolution No. 2023-180, dated October 10, 2023, for an Amendment to the Village 1 Specific Plan for development of the Property (“Specific Plan Amendment”);
(e) A Large Lot Tentative Subdivision Map for the Property adopted by Resolution No._____, dated ______ (“Large Lot Map”);
(f) A Tentative Subdivision Map for the Property adopted by Resolution No. _______, dated _____________ ("Tentative Map") in compliance with the provisions of California Government Code Section 66473.7; and (g) Ordinance No. _______, dated _______, adopting this Agreement (“Adopting Ordinance”).
G. Consistency with General Plan. Having duly examined and considered this Agreement and having held properly noticed public hearings hereon, the City Council has found and hereby declares this Agreement and the Entitlements are consistent with the General Plan and Specific Plan.
H. Commitment of the Parties. By entering into this Agreement and relying thereupon, Developer is obtaining a vested right to develop the Project on the Property in accordance with the terms and conditions of this Agreement. City, at the request of Developer, intends to assist Developer in development of the Project and the public improvements, which are a part of the Project, in accordance with the terms of this Agreement. Development of the Project requires a major investment by Developer in public facilities, substantial front-end investment in on-site and off-site improvements, major dedications of land for public purposes and benefit, and substantial commitment of Developer’s resources to achieve the public purposes and benefits of the Project 190
Stardust Development Agreement
for its future residents and for City. Financing certain public facilities and dedicating land for public benefit are key elements of consideration for City’s execution of this Agreement. In addition, this Agreement provides City with the assurance of implementation of the General Plan and Specific Plan as Developer proceeds with the development of the Property. City recognizes and has determined that granting vested development rights and assurances in a project of this magnitude will assist Developer in undertaking the development of the Project and thereby achieve the public purposes and benefits of the Project. Without said commitments on the part of City, Developer would not enter into this Agreement nor develop the Project.
I. Environmental Mitigation. The parties understand that the EIR was intended to be used in connection with this Agreement and each of the Entitlements listed above. Consistent with the California Environmental Quality Act (“CEQA”), City agrees to use the EIR in connection with the build out of the Project to the maximum extent allowed by law. City agrees to analyze subsequent entitlements and to apply the statutory and other exemptions afforded by CEQA in its sound discretion.
J. Intent of this Agreement. City and Developer desire that the development of the Property pursuant to this Agreement will result in significant benefits to Developer by assurances to Developer that it will have the ability to develop the Property in accordance with the Entitlements.
K. Project Benefits. City and Developer desire that the development of the Project pursuant to this Agreement will result in significant benefits to City and Developer by providing Developer with the ability to develop the Property in accordance with this Agreement and providing assurances to City that the Property will be developed in accordance with the General Plan and Specific Plan. Consistent with this desire, City has determined that the Project presents certain public benefits and o pportunities, which are advanced by City and Developer in entering into this Agreement. This Agreement will, among other things: (1) reduce uncertainties in planning and provide for the orderly development of the Project; (2) mitigate significant environmental impacts; (3) provide long-term infrastructure solutions and public services; (4) provide market rate housing units; (5) result in the fair-share funding by Developer of critical new city-wide facilities and other infrastructure improvements required to serve the Project; and (6) generate revenue for City and otherwise achieve the goals and purposes for which the Development Agreement Statute was enacted.
NOW, THEREFORE, in consideration of the promises, covenants and provisions set forth in this Agreement, the parties agree as follows:
Agreement
ARTICLE 1
GENERAL PROVISIONS
1.1 Incorporation of Recitals. The preamble, the Recitals, and all defined terms set forth in both are hereby incorporated into this Agreement as if set forth herein in full. Any reference to a section within this Agreement shall be inclusive of all subsections within that section. By way 191
Stardust Development Agreement
of example, a reference to Section 2.1 of this Agreement shall incorporate by way of example Section 2.1.1, Section 2.1.2, Section 2.1.3, and Section 2.1.4.
1.2 Binding Covenants. The provisions of this Agreement, including the Entitlements, shall constitute covenants which shall run with the Property and the benefits and burdens of this Agreement shall be binding upon and benefit the parties and their successors in interest.
1.3 Defined Terms.
“Adopting Ordinance” shall have that meaning set forth in Recital F.2( g) of this Agreement.
“Agreement” shall mean this Development Agreement and any amendments hereto. “CEQA” shall mean the California Environmental Quality Act. “CFD” shall mean Mello -Roos Community Facilities Districts pursuant to and as authorized by Government Code Sections 53311 et seq.
“Changes in the Law” shall have the meaning set forth in Section 1.17. “City” shall mean the city of Lincoln, California and shall include, unless otherwise provided, City’s agencies, departments, officials, employees and consultants. “City Acknowledgments” shall have the meaning set forth in Section 2.9. “Community Development Director” shall mean the Director of City’s Department of Community Development or his or her designee.
“Developer” shall have that meaning set forth in the preamble and shall further include, unless otherwise provided, Developer’s successors, heirs, assigns, and transferees. “Development Agreement Statute” means California Government Code Sections 65864 et seq.
“Effective Date” shall have the meaning set forth in Section 1.5.1. “EIR” shall mean the environmental impact report described in Recital F.1 and prepared for the Specific Plan pursuant to CEQA.
“Entitlements” shall have the meaning set forth in Recital F.2 of this Agreement and shall also include, for purposes of this Agreement, any Subsequent Entitlements approved by City.
“Exactions” means all development impact fees, connection or mitigation fees, taxes, assessments and other exactions required by City to support the construction of any public facilities and improvements or the provision of public services in relation to development of the Property.
“Financing Plan Reimbursement Fee” shall have the meaning set forth in Section 192
Stardust Development Agreement
3.2.2. “General Development Plan” shall have the meaning set forth in Recital F.2(c) of this Agreement.
“General Plan” means City’s 2050 General Plan adopted on March 25, 2008, by City Council Resolution No. 2008-048, together with all amendments thereto made prior to the Effective Date of this Agreement.
“Infrastructure Financing Plan” (IFP) shall mean the Lincoln Village 1 Infrastructure and Public Facilities Financing Plan, including Volumes 1 and 2, adopted by the City Council on September 13, 2016, by Resolution No.2016-181 as updated in accordance with the terms thereof.
The Infrastructure Financing Plan and any subsequently approved amendments are incorporated into this Agreement by this reference.
“Large Lot Map” shall mean the Large Lot Tentative Subdivision Map for the Project as set forth in Recital F.2(e).
“Lender” shall mean the beneficiary under a deed of trust or the mortgagee under a mortgage, or any other person or entity who has advanced funds to, or is otherwise owed money by a debtor, where the obligation is embodied in a promissory note or other evidence of indebtedness, and where such promissory note or other evidence of indebtedness is secured by a mortgage or deed of trust encumbering the Property or a portion thereof. “Master Plan” shall have the meaning set forth in Section 3.5. “Mitigation Fee Act” means California Government Code Sections 66000 to 66025 (AB 1600).
“MMP” shall mean the Mitigation Monitoring Program described in Recital F.1 and adopted in conjunction with the EIR.
“Non-Potable Water” shall mean raw water or reclaimed water. “Non-Participating Landowners” shall mean landowners who did not advance-fund the costs to prepare the Infrastructure Financing Plan, but whose properties will be benefitted by public improvements constructed by or funded by the Participating Developers through participation in the Infrastructure Financing Plan.
“Open Space Preservation Areas” shall have the meaning set forth in Section 2.6.4. “Permitted Delay” shall have the meaning set forth in Section 5.3. “Participating Developers” shall mean Lake Development and the Village 1 Ownership Group, which is comprised of Silverado Hidden Hills LLC, Leavell Ranch Partnership, East Lincoln Associates LLC, Sunset Tartesso LLC, and Bella Rosa LLC, all of whom advance- funded the costs to prepare the Infrastructure Financing Plan and are eligible for reimbursement through the Financing Plan Reimbursement Fee.
193
Stardust Development Agreement