ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
Land Use Category Vehicle Parking Spaces
Sexually Oriented Businesses 1/3 fixed seats or 4/1,000 sf, whichever is greater Smoke Shops 3.6/1,000 sf
Tattoo Parlors 3.6/1,000 sf
Thrift Store 3.6/1,000 sf
Notes:
1. See RCMC 23.719.130.
2. Parking may be reduced to one space per unit for residential units for low or moderate income subsidized homeownership units.
3. Additional parking for home occupations is not required to be covered or enclosed and may occur within the front or street-side yard setback on a driveway or other paved surface.
4. On-street parking space adjacent to park property may be credited toward parking requirement.
5. Applies to seating in main or largest assembly area only.
6. Clubhouse calculated as retail and provided in addition to required spaces for golf courses. Additional parking not required for accessory uses (e.g., driving ranges, putting greens, maintenance shops, equipment storage).
7. Parking based on area of active recreation only.
8. Indoor and outdoor merchandise display areas.
9. Calculate associated medical office facilities as medical services, general.
10. If fixed seating is not used, then parking shall be provided at a ratio of one space/30 square feet of floor area in the assembly hall(s).
11. Parking requirements shall be in compliance with Government Code Section 65852.2. No additional parking shall be required for an accessory dwelling unit if: the unit is located within one-half mile of public transit, the unit is located within an architecturally and historically significant district; the unit is part of the existing primary residence or an existing accessory structure; or there is a car share vehicle located within one block of the unit.
12. Office, Business and Professional shall be allowed up to 200% of minimum required parking by right with no additional approvals.
13. Required parking spaces for adjacent uses can be counted towards the required parking for a tasting room as long as the hours of operations for the use do not overlap with the tasting room hours.
14. Manufacturing shall be allowed up to 300% of minimum required parking by right with no additional approvals.
15. Personal storage facilities with internally accessed storage units (units not directly accessed from internal drive aisles) shall provide loading zones at each building with number of loading spaces determined during project review. [Ord. 3-2019 § 5 (Exh. A); Ord. 4-2018 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.7.080).
Formerly 23.719.080].
23.719.080 Reductions and exceptions to minimum parking requirements.
The following are exceptions or reductions to minimum parking requirements that are available:
A. Parking District Waiver. Minimum off-street parking requirements may be waived for properties that have access to public parking facilities. The waiver may be granted by the director.
B. Parking Reduction. Parking may be reduced by the approval authority according to the following provisions.
Total parking reductions may not exceed 20 percent of required parking:
1. Reduction for Special Motor Vehicles. Up to five percent of the off-street parking may be provided by smaller parking spaces for special or alternative motor vehicles (e.g., golf carts, motorcycles, motorized scooters).
2. Reduction for Secure Bicycle Parking. Developments which provide additional secure bicycle parking facilities over and above the minimum requirement may reduce their parking requirement by one vehicle space for every two additional bicycle spaces provided.
3. Reduction for Parking Near Major Transit Stops (e.g., light rail stations, BRT stations, or significant bus facilities). Parking requirements may be reduced by 25 percent within one-half mile or 50 percent when within one-quarter mile of a major transit stop.
4. Reduction for Existing Uses to Enable Property Enhancements. Parking requirements for existing nonresidential development may be reduced by up to 10 percent if spaces are replaced with either or both of the following:
a. Landscaping.
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
b. On-site pedestrian plazas, seating areas, shelters, bicycle racks, and/or walkways.
5. Shower/Locker Facilities. Developments with 100 or more employees may reduce their parking requirement by providing shower and clothing locker facilities for bicycle-commuting employees. Maximum reduction: five percent of required parking.
6. Preferred Carpool/Vanpool Parking Spaces. Office or industrial developments which guarantee preferred parking spaces (e.g., covered, shaded, or near building entrance) to employees who participate regularly in a carpool or vanpool may reduce their parking requirement by one vehicle space for every one space which is marked and reserved for carpools/vanpools at a preferred location. Maximum reduction: five percent of required parking.
C. Joint Vehicle Parking Lot or Structure. Required parking for two or more freestanding uses on adjacent or nearby sites may be satisfied by the use of a joint vehicle parking facility to the extent that it can be shown by the owners or operators that the demand for parking in the joint facility does not materially overlay (e.g., uses primarily of a daytime versus a nighttime or weekday versus weekend nature); and provided, that such right of joint use is evidenced by a deed, lease, contract, or similar written instrument upholding such joint use. In this situation, the size of the joint parking lot shall be at least as large as the number of vehicle parking spaces required by the largest user.
D. Parking in Mixed-Use Projects. In mixed-use projects with residential, office and/or commercial components it is assumed that some parking spaces will be shared due to the difference in peak parking demand and required motor vehicle parking may be reduced according to the following formula:
1. Calculation of the minimum vehicular parking for the portion of the building occupied by the primary is based on 100 percent of the floor area.
2. Calculation of the minimum vehicular parking for the portion of the building occupied by secondary or subsequent uses may be calculated at 80 percent of the floor area.
E. Available parking in public or common parking lots and structures.
F. Additional parking reductions may be permitted as part of an adjustment process. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.7.100). Formerly 23.719.090].
23.719.090 Design standards for surface parking lots.
A. All vehicular parking spaces shall be on the same lot as the main structure they serve, on an abutting lot, or within 1,000 feet, subject to the following requirements:
1. There is a safe, direct, attractive, lighted, and convenient pedestrian route between the vehicle parking area and the use being served.
2. There is an assurance in the form of deed, lease, contract, or other similar document that the required spaces will continue to be available for off-street parking use according to the required standards.
B. Special Requirement for Parking in Downtown District.
1. Vehicle parking lots shall be located behind or beside buildings on one or both sides.
2. Vehicle parking and maneuvering areas (including any permitted drive-through service lanes) shall not be located between the street and the building facade with the primary entrance.
3. Vehicle parking and maneuvering areas located to the side of a building cannot occupy more than 50 percent of the site’s frontage onto an arterial or collector roadway. When a site has more than one frontage on an arterial or collector roadway, then the vehicle parking lot located to the side of a building may occupy more than 50 percent of the site’s frontage on the secondary street.
4. Vehicle parking and maneuvering areas on corner lots shall not be located adjacent to intersections.
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
C. Parking Lot Design.
1. Surfacing and Striping. Areas used for parking and maneuvering of vehicles shall be paved with a minimum of two-inch asphalt, concrete, or equivalent surface. All parking areas shall be appropriately striped, marked, and signed.
2. Curb Cuts/Access Points. Street access points shall be the minimum necessary to provide access while not inhibiting the safe circulation and carrying capacity of the street. Curb cuts must comply with city street improvement standards.
3. Driveways/Driveway Approach Width and Grade. The minimum driveway width shall comply with public improvement and fire safety standards.
4. Back-Out Parking. With the exception of duplexes and single-family residences, all parking areas shall be designed so that vehicles are not permitted to back out of the parking area onto a public street.
5. Driveway/Drive Aisle Width. Driveways shall have a minimum paved width of 20 feet for two-way circulation and 14 feet for one-way circulation or according to Table 23.719-2 (Angle Parking Space and Drive Aisle Dimensions), wherever is greater. Driveways shall not occupy a yard setback or buffer except to pass through the yard in order to connect directly to a public street or as necessary for shared driveways and internal access between uses on abutting lots.
6. See RCMC 23.910.030 for drive-in and drive-through sales and services design standards.
7. Turnaround Areas. Parking spaces shall be provided with adequate drive aisles or turnaround areas so that all vehicles may enter the street in a forward manner.
8. Setback Restrictions for Parking Spaces and Drive Aisles. Parking areas including spaces, aisles, and turnaround and maneuvering areas shall not occupy the required setbacks.
9. Connect Parking Lots. Vehicle parking areas shall be designed to connect with vehicle parking areas on adjacent sites to eliminate the necessity of utilizing the public right-of-way for cross movements. Joint or shared access, internal circulation, or parking is encouraged with adjacent uses.
10. Minimum Clearance. Driveways, aisles, turnaround areas, and ramps shall have a minimum vertical clearance of 12 feet for the entire length and width, but such clearance may be reduced in parking structures.
11. Drainage. Adequate drainage shall be provided to dispose of the runoff generated by the impervious surface area of the parking area. Provision shall be made for the on-site collection of drainage waters to eliminate sheet flow of such waters onto sidewalks, public rights-of-way, and abutting private property.
12. Clear Vision Area. See RCMC 23.731.060 (Height measurement) for driveway clearance vision area requirements.
13. Service and Loading Areas. Service and loading areas shall not be located on the frontage of a light rail station or adjacent street.
D. Parking Space Dimensions and Aisle Standards for Surface Parking Lots.
1. All surface parking lots shall be designed in accordance with city standards for stalls and aisles as set forth in Tables 23.719-2 (Angle Parking Space and Drive Aisle Dimensions) and 23.719-3 (Parallel Parking Space and Drive Aisle Dimensions) and Figures 23.719-1 (Angle Parking Space and Drive Aisle Dimensions) and 23.719- 2 (Parallel Parking Space and Drive Aisle Dimensions).
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
Table 23.719-2: Angle Parking Space and Drive Aisle Dimensions Angle Stall Width
a
Stall to Curb
b
Aisle
c
Two Rows + Aisle
d
90° 9'-0"
9'-6"
10'-0"
19'-0"
19'-0"
19'-0"
25'-0"**
24'-8"**
24'-0"**
63'-0"
62'-6"
62'-0"
60° 9'-0"
9'-0"
9'-6"
10'-0"
21'-0"
21'-0"
21'-3"
21'-6"
20'-0"**
19'-0"*
18'-6"*
18'-0"*
62'-0"
61'-0"
61'-0"
61'-0"
45° 9'-0"
9'-0"
9'-6"
10'-0"
19'-10"
19'-10"
20'-2"
20'-6"
20'-0"**
16'-4"*
15'-2"*
14'-0"*
59'-8"
56'-0"
55'-6"
55'-0"
* One-way aisle.
** Two-way aisle.
Figure 23.719-1: Angle Parking Space and Drive Aisle Dimensions
Table 23.719-3: Parallel Parking Space and Drive Aisle Dimensions Stall Width
a
Stall Length
b
Aisle
c
Two Rows + Aisle
d
9'-0" 24'-0" 12'-0"* 30'
9'-6" 24'-0" 12'-0"* 31'
10'-0" 24'-0" 12'-0"* 32'
*One-way
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
Figure 23.719-2: Parallel Parking Space and Drive Aisle Dimensions E. A minimum of 75 percent of vehicle parking stalls shall be of standard size (the remainder may be compact). See RCMC 23.719.070(E) (Compact Car Spaces).
F. Landscaping of Parking Lots. See RCMC 23.716.070 (Parking lot landscape).
G. Pedestrian Circulation/Walkways. Pedestrian circulation/walkways shall be designed to the requirements specified in RCMC 23.722.050 (Standards for on-site pedestrian pathways).
H. Vehicular Overhang.
1. Vehicular overhang is permitted, provided no vehicle shall overhang into a sidewalk which would reduce the unencumbered width of a sidewalk to less than four feet.
2. A vehicle is permitted to overhang into a landscaped area by two feet; provided, that the required landscaped area is extended by two feet.
3. The overhang shall not count as part of the parking space dimension.
I. Lighting of Parking Lot. See Chapter 23.725 RCMC (Outdoor Lighting). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.7.110). Formerly 23.719.100].
23.719.100 Design standards for parking structures.
A. Ground Floor Active Use. For all new multi-level parking structures, a minimum of 50 percent of the total ground floor street frontage, excluding driveway entrances and exits, stairwells, elevators, and centralized payment booths, shall be designed to accommodate commercial, retail, office, or residential floor space.
B. Ground Floor Facades. Blank, flat walls are prohibited on all parking structure facades that face public rights-of- way. The following are acceptable methods to avoid blank, flat walls. One or more of these methods shall be incorporated along the entire facade:
1. Street-facing ground floor active uses (see subsection (A) of this section, Ground Floor Active Use).
2. Ground floor windows, doors, or display areas.
3. A repeating pattern of color change, texture change, and material change, each of which should be integral parts of the structure and not superficially applied trim, graphics, or paint.
4. The use of reveals, projecting ribs, or offsets which should be no less than 12 inches in width. All elements should repeat at intervals of 30 feet or less.
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
C. Lighting. Metal halide lighting shall be used for all parking structures, with uplighting being the preferred method of lighting. This allows for a more even lighting distribution across the floor and field of vision for users, accurate color rendition, and protection from lighting elements.
D. All parking structures are subject to design review as described in Chapter 23.140 RCMC (Minor Design Review) or Chapter 23.141 RCMC (Major Design Review).
Figure 23.719-3: Parking Structure Design Requirements
[Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A §
4.7.120). Formerly 23.719.110].
23.719.110 Bicycle parking requirements.
A. Short-Term Bicycle Parking. If a land use or project is anticipated to generate visitor traffic, the project must provide permanently anchored bicycle racks within 100 feet of the visitors’ entrance. To enhance security and visibility the bicycle racks shall be readily visible to passersby. The bicycle capacity of the racks must equal an amount equivalent to 10 percent of all required motorized vehicle parking. There shall be a minimum of one rack with capacity for two bicycles.
B. Long-Term Bicycle Parking. Buildings with over 10 tenant-occupants (e.g., multifamily tenants, owners, employees) shall provide secure bicycle parking for five percent of required motorized vehicle spaces for employees/residents, with a minimum of one space. Acceptable parking facilities shall be convenient from the street and include one or a combination of the following:
1. Covered, lockable enclosures with permanently anchored racks for bicycles.
2. Lockable bicycle rooms with permanently anchored racks.
3. Lockable, permanently anchored bicycle lockers.
4. In the case of residential development a standard garage is sufficient, if available. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A). Formerly 23.719.115].
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
23.719.120 Design standards for bicycle parking facilities.
All developments shall meet the following minimum requirements for bicycle parking and design. The purpose of these design standards is to ensure that bicycle parking is visible from the buildings served, is convenient to cyclists, and provides sufficient security from theft and damage.
A. Minimum Required Bicycle Parking. Minimum required bicycle parking spaces are required as designated in RCMC 23.719.110 (Bicycle parking requirements).
B. Bicycle Parking Location and Access.
1. Use. Areas set aside for required bicycle parking must be clearly reserved for bicycle parking only.
2. Lighting. See RCMC 23.725.060 (General lighting standards).
3. Location.
a. Outdoor bicycle parking should be located within 100 feet, or as close as possible to the primary building entrance, without impeding pedestrian circulation or emergency access. b. Bicycle parking must be visible from within on-site buildings or the street. c. Bicycle parking may be located within a building if access is readily available from an outdoor entrance. d. Bicycle parking is prohibited within 100 feet of a trash or recycling enclosure.
4. Amenities. Bicycle parking areas are encouraged to include a bench and bicycle rack screened with 30- to 36-inch shrubs from any parked cars or arterial streets.
5. Pedestrian Conflicts. Bicycle parking and bicycle racks shall be located to avoid conflicts with pedestrian movement and accessibility requirements.
C. Covered Bicycle Parking Spaces for All Uses. All required employee bicycle parking spaces and 50 percent of all visitor bicycle parking must be sheltered from precipitation by means such as roof extensions, overhangs, awnings, arcades, carports, roofed enclosures, lockers, or indoor bicycle rooms. These may be Class I parking spaces (e.g., bike lockers) or other suitable alternative.
D. Bicycle Parking for Residential Uses. When required, 25 percent of all bicycle parking for residential uses shall be provided as Class I facilities (locker, bike room, etc.).
Figure 23.719-4: Acceptable Covered Bicycle Parking Options (Bicycle Parking Near Entry Door, Freestanding Bicycle Parking Enclosure, and Indoor Bicycle Room) Bicycle Parking Near Entry Freestanding Bicycle Parking Enclosure Indoor Bicycle Room E. Bicycle Rack Types and Dimensions.
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
1. Security. Bicycle parking facilities shall offer security in the form of either a lockable enclosure in which the bicycle can be stored or a rack upon which the bicycle can be locked. Bicycle parking racks, shelters, or lockers must be securely anchored to the ground or to a structure. Bicycle racks must hold bicycles securely by the means of the frame. The frame must be supported so that the bicycle cannot be pushed or fall to one side in a manner that will damage the wheels.
Figure 23.719-5a: Acceptable Bicycle Rack Options
Bicycle Racks That Support Bicycle Lockers Sheltered Parking Both Sides of a Bicycle
2. Unique artistic design facilities are encouraged. The racks/facilities should be easily identified as a bike rack.
Figure 23.719-5b: Artistic Bike Rack Design Options
3. Standards. Bicycle parking shall be at least one and one-half feet wide by six feet long for a single bicycle parking space or two and one-half feet wide by six feet long for two paired bicycle racks (as pictured in Figure
23.719-6) and, when covered, provide a minimum vertical clearance of seven feet. An access aisle of at least five feet wide shall be provided and maintained beside or between each row of bicycle parking. Each required bicycle space must be accessible without moving another bicycle. Bicycle parking spaces required by this chapter may not be rented or leased.
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
Figure 23.719-6: Bicycle Parking Area Design Requirements F. Paving and surfacing of bicycle parking areas shall be surfaced with hard surfacing of at least two inches minimum (i.e., pavers, asphalt, concrete, or similar material). This surface must be designed to maintain a well- drained condition.
G. Exemptions. The following uses are exempt from bicycle parking requirements:
1. Temporary uses.
2. Agriculture.
3. Mini-storage facilities.
4. Home occupations. [Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.7.130)].
23.719.130 Standards for off-street parking for private residences.
Off-street parking and driveways for detached dwellings, manufactured homes, single-family attached dwellings, and two-unit attached dwellings shall meet the following requirements:
A. Any vehicle, trailer, or vessel which is inoperable or vehicles that are Certified as Non-Operation or Planned Non-Operation Certified with the Department of Motor Vehicles shall be stored entirely within an enclosed structure, where it is not visible from the street or other public or private property and shall not be parked or stored in any yard within a residential zoning district or neighborhood.
B. Unless specifically permitted by this code, required off-street parking spaces shall not be located within any required front yard or required street side yard setback of any parcel. Required parking must be provided within a fully enclosed garage or carport (see RCMC 23.734.040, Development standards).
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
C. Parking in excess of the required parking (e.g., driveways) may be provided within the front and street side yard setback, as follows:
1. Vehicle parking (including driveways) within the front yard area or as seen by the public street in residential areas shall be provided on a lasting, durable surface (e.g., concrete, asphalt, or similar material). Permeable paving materials, such as paver stones, pervious concrete, or interlocking grids with gravel, are permitted as an alternative to a standard asphalt or concrete surface. Use of grasscrete, ribbon drive (Hollywood strips) or other acceptable alternatives as determined by the director may be allowed for purposes of a driving surface that leads to a legal parking area outside of the front yard area or as seen by the public street. No parking is allowed on these features within the front yard area or as seen by the public street.
2. Parking areas shall not exceed the maximum impervious surface allowed on a parcel (e.g., impervious surface in front yards is limited to 40 percent coverage).
3. Parking may not occur within any required clear vision triangle area on a corner lot.
D. Each parking space shall be at least eight and one-half feet wide by 18 feet deep.
E. Tandem (end-to-end) parking is allowed to meet the minimum off-street parking requirements.
F. Required parking may be provided in the rear yard only when an alley is available for access.
G. The minimum driveway width is 10 feet. Driveway pavement shall be five feet from the side property line in order to provide an area of landscaping between adjacent lots. Deviations from these standards may be allowed through site plan and architecture review for small-lot single-family developments at the time of master home plan review where these standards cannot be attained due to design. Remaining unpaved portion shall be landscaped, irrigated, and maintained. See Figure 23.716-2 (Nonpervious Surface Limits in Single-Family and Two-Family Residential Zones).
H. The use of structures, temporary canopies, tarps, and other similar types of covering for vehicles is strictly prohibited within the front setback.
I. Commercial vehicles shall not be parked on residential property.
J. Parking of RVs, trailers, and vessels shall conform with the following additional regulations:
1. Parking on a lasting, durable surface (e.g., concrete, asphalt, grasscrete, or permeable paving material) is required.
2. Parking within the clear vision area is prohibited. [Ord. 15-2018 § 4 (Exh. A); Ord. 7-2018 § 3; Ord. 4-2018 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.7.140)].
23.719.140 Trip reduction requirements.
A. Applicability. The provisions of this chapter shall apply to all major development projects defined as follows:
1. Any commercial, industrial, institutional, or other use which is expected to employ 200 or more persons, as determined by either actual employee projections or equivalent development size.
2. Any existing facility or development which increases its gross floor area and, after such increase, exceeds the minimum equivalent development size.
3. The director may, if projected traffic conditions warrant, apply the provisions of this section to developments smaller than those specified.
B. Exempt Projects. Notwithstanding any other provisions of this code, the following uses and activities shall be specifically exempt from the provisions of this section:
1. Development projects expected to employ fewer than 200 persons.
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
2. Temporary construction activities on any affected project, including activities performed by engineers, architects, contractors, subcontractors, and construction workers.
C. Equivalent Development Size. For the purpose of this section, the standards listed in Table 23.719-4 (Equivalent Development Size) shall be considered equivalent to the 200-employee threshold.
Table 23.719-4: Equivalent Development Size
Type of Use
Minimum Development Size
(in square feet) Equivalent to
200 Employees
Office (excluding medical) 50,000
Industrial Office Park (MP) 60,000
Hospital and Medical Offices 80,000
Commercial 100,000
Light Industrial (M-1) 95,000
Heavy Industrial (M-2) 130,000
Mixed or Multiple Uses 1
Notes:
1. The minimum development size for mixed- or multiple-use developments shall be calculated based on the employment equivalent of the square footage or areas devoted to each type of use.
D. Passenger Loading Areas. Parking areas for major development projects shall designate a passenger loading area or areas for embarking and disembarking passengers from ridesharing vehicles. Such passenger loading areas shall be located at the point(s) of primary pedestrian access from the parking area to the adjacent building(s) and shall be designed in such a manner that vehicles waiting in the loading area do not impede vehicular circulation in the parking area. The passenger loading areas shall be designed as a turn-out as indicated by Figure 23.719-7 and shall be large enough to accommodate the number of waiting vehicles equivalent to one-half percent of the required parking for the project. See Figure 23.719-7 (Passenger Loading Areas).
Figure 23.719-7: Passenger Loading Areas
E. Preferential Parking Spaces for Carpool and Vanpool Vehicles. All major development projects shall reserve and designate at least 10 percent of the employee parking spaces for the project for ridesharing vehicles by marking such spaces “Carpool/Vanpool Only.” The number of preferential parking spaces must be increased above 10 percent of
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
the employee parking as necessary to accommodate all legitimate carpools and vanpools. Such spaces shall be located near the building entrance(s), covered, shaded, or in some other obvious way be determined as preferential.
For purposes of this section, the factors listed in Table 23.719-5 (Employee Parking Ratios) shall be used to determine the number of employee parking spaces.
Table 23.719-5: Employee Parking Ratios
Type of Use
Percentage of Total
Parking Devoted to
Employee Parking
Office (excluding medical) 70%
Hospital and Medical Office 50%
Commercial 30%
Industrial 70%
F. Shower and Locker Facilities. All development projects above the minimum development size threshold shall provide shower and locker facilities for use by employees or tenants who commute to the site by bicycle or walking.
Such facilities shall be clearly indicated on all development/improvement plans. One shower and eight lockers with minimum dimensions of 12 inches by 18 inches by 36 inches shall be provided for each 200 employees or fraction thereof, based on the equivalent development size data. The shower and locker facilities must be located convenient to one another and should be located near the employee bicycle parking facilities whenever possible. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.7.150)].
23.719.150 Off-street loading requirements.
A. Purpose of Loading Area Requirements. The purpose of these regulations is to provide the number, size, location, and screening requirements for loading areas in mixed-use, commercial, and industrial uses. The intent of these regulations is to minimize disruptions of traffic flow by freight-carrying vehicles blocking the public right-of-way and to minimize impacts to vehicular and pedestrian conflicts.
B. When Loading Regulations Apply. This regulation applies to all nonresidential development in mixed-use commercial and industrial districts, whether or not a permit or other approval is required for the development.
Buildings smaller than 8,000 square feet in size are exempt from the requirements of this section.
C. General Loading Area Requirements.
1. The number of required loading spaces is based on the use of the building and the building size minus any residential component square footage.
2. Where two or more uses are located on the same premises, the number of loading area spaces required is the sum of the spaces required for each use.
3. The provision for maintenance of off-street loading facilities is a continuing obligation of the property owner.
4. Loading and maneuvering areas shall be hard-surfaced unless a permeable surface is required to reduce surface runoff, as determined by the director.
5. Parking of passenger vehicles may be allowed in off-street loading areas subject to specific time limits to prevent conflicts with off-street loading activities. If parking is allowed, the parking time limits shall be clearly posted. These parking spaces shall not count toward meeting the general parking requirements.
6. Off-Street Loading Standards.
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
a. Each required off-street loading space in an industrial area shall have a minimum length of 60 feet, a minimum width of 12 feet, and a minimum vertical clearance of 15 feet inside dimensions. Off-street loading spaces in industrial zones shall also provide a 60-foot maneuvering apron in addition to the minimum length of the loading space. These requirements apply to all off-street loading spaces in industrial zones including at-grade and depressed loading docks. b. Each required off-street loading space, other than in industrial zones, shall have a minimum length of 30 feet, a minimum width of 12 feet, and a minimum vertical clearance of 14.5 feet inside dimensions. Off- street loading spaces shall also provide a 30-foot maneuvering apron in addition to the minimum length of the loading space. These requirements apply to all off-street loading spaces including at-grade and depressed docks.
7. Loading areas must comply with the setback and perimeter landscaping and screening standards. When parking areas are prohibited or not allowed between a building and a street, loading areas are also not allowed.
Figure 23.719-8: Typical Loading Area
Off-Street Loading Spaces in an Industrial Area
Off-Street Loading Spaces in a Nonindustrial Area
8. For uses not specifically mentioned, the requirements for off-street loading facilities shall be the same as the closest approximate use as determined by the director.
D. Location of Required Loading Facilities.
1. The off-street loading facilities, including the required maneuvering apron, in all cases, shall be on the same lot or parcel of land as the structure they are intended to serve.
2. The off-street loading facilities shall be designed and located so that loading vehicles do not encroach upon required setbacks, driveways, or required parking spaces during maneuvering and loading activities.
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
3. No loading space, including the required maneuvering apron, shall be located so that a vehicle using such loading space projects into any public street or any adjoining property except in the case of a reciprocal access agreement or similar mechanism.
4. Loading spaces shall be provided with access to an alley when alley access is available.
5. Bays and doors shall be located in a manner that would preclude any possibility for trucks to back into bays from arterial streets. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A §
4.7.160)].
23.719.160 Electric Vehicle Parking Spaces.
A. Applicability.
The California Green Building Standards Code (CALGreen) requires that new construction and major alterations include adding “EV Capable” parking spaces which have electrical panel capacity, a dedicated branch circuit and a raceway to the EV parking spot to support future installation of charging stations. All new construction and qualifying additions or alterations must comply with CALGreen, Title 24, Part 11.
B. Parking Requirements and Location of Electric Vehicle Spaces.
1. As part of the Minor and Major Design Review process, the City shall require that parking facilities be provided to accommodate electric or other alternative fuel vehicles.
2. The location of the electrical outlets shall be specified on building plans, and proper installation shall be verified by the Building Division prior to issuance of a Certificate of Occupancy.
3. Electric vehicle ready charging infrastructure shall be provided in multi-family housing developments and non- residential developments according to the standards outlined by CALGreen.
4. Electric vehicle charging stations may be provided in any area designed for the parking or loading of vehicles.
5. Where electric vehicle recharging stations are provided, they shall follow the space requirements and development standards outlined in CALGreen.
6. Parking spaces with electric vehicle charging shall be counted as a standard parking space for the purposes of providing required parking per this Code.
C. Exemptions
1. Electric vehicle charging stations shall not apply to temporary parking lots.
2. Other exemptions may be granted by the Director, where the Director determines that compliance with the requirements of this Section is technically infeasible.
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
23.743.085 Real estate sign standards.
This section describes the standards for on- and off-site limited term signs associated with real estate sales activities.
A. Allowed on-site real estate signs are exempt from permit, subject to the following limitations:
1. Not more than one on-site for sale sign and one for lease sign is permitted per property frontage, and shall only be displayed for the period while the unit, building, or property is being marketed for sale or lease and ending thirty (30) days after it is sold or leased.
2. The size of all on-site nonresidential real estate signs is limited to a maximum of 10 feet in height and an area of 32 square feet and shall be set back a minimum of three feet from the right-of-way (window signs are exempt from setback requirement) and shall not obstruct the corner visibility requirements of Improvement Standard 4-18, Visibility Restrictions at Driveways and Intersections.
3. The size of all residential real estate signs is limited to 10 square feet and must be set back a minimum of five feet and shall not obstruct the corner visibility requirements of Improvement Standard 4-18, Visibility Restrictions at Driveways and Intersections.
B. Allowed Off-Site Real Estate Signs. Portable real estate signs located off site from the property advertised, for purposes of directing traffic to the property in question, may be allowed, provided they do not exceed an overall size of nine square feet each, including supports, and do not exceed a height of 30 inches. Such signs may not be located within the public right-of-way and may only be displayed on weekends and holidays when open house sales activities are ongoing (e.g., the home is open to the public for viewing and inspection). One sign may be placed for each change in direction of travel to a maximum of five signs.
C. Allowed Temporary Signs for Subdivision Real Estate Sales. Signs of this type are temporary, limited-term signs that provide direction/location information to motorists and pedestrians for initial home sales of multiple lots with a single builder within a master planned community, including both single-family and multifamily for-sale products.
These signs are allowed during active home sales and must be removed when sales have concluded. These signs are exempt from permit, subject to the following limitations:
1. On-Site Subdivision Balloons. Five balloons per sales trailer or model home complex to a maximum height of 65 feet are allowed.
2. On-Site Subdivision Directional Signs. One temporary subdivision directional sign per subdivision entrance to a maximum of six such signs are allowed. Each sign can be up to 32 square feet and a maximum height of 10 feet. Signs must be set back 10 feet from the right-of-way.
3. On-Site Subdivision Flags. Up to 10 flag poles per subdivision are allowed. Flags can be up to 15 square feet each and up to 20 feet tall. Poles must be set back 10 feet from the right-of-way.
4. Weekend Directional Stake Signs. Weekend directional stake signs are those signs customarily displayed on the weekends, measuring less than nine square feet in area, and mounted on wooden stakes. Such signs may be used to identify the name and location of active home sales as part of a new residential subdivision/condominium project; provided, that each face of the sign does not exceed four square feet, and it is mounted such that it is no more than four feet tall from the ground and is set back a minimum of five feet from the edge of the roadway pavement. Additionally, such signs are only allowed on a temporary basis from noon on Friday to no later than noon on the following Monday. In the event that Friday is a nationally recognized holiday, said signs may be erected on Thursday after noon. In the event that Monday is a nationally recognized holiday, said signs may remain in place until Tuesday by noon. In no event may a weekend directional stake sign be located within a roadway median.
5. Off-Site Subdivision Freestanding Signs. Off-site subdivision freestanding signs are allowed within the city limits, up to five such signs per subdivision, to a maximum of 32 square feet and 10 feet in height for each individual sign. These signs are prohibited within the public right-of-way or on any city-owned property. These signs shall be kept in good repair for the duration of the home sales activities. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2014 § 3 (Exh. C)].
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
Chapter 23.901
RESIDENTIAL USES
Sections:
23.901.010 Purpose and applicability.
23.901.020 Caretaker housing.
23.901.030 Home occupations.
23.901.040 Live-work facility.
23.901.050 Mobile homes and mobile home parks.
23.901.060 Accessory dwelling units.
23.901.065 Junior accessory dwelling units.
23.901.070 Senior independent living facility.
23.901.080 Repealed.
23.901.090 Residential care home (large).
23.901.100 Agricultural employee (farmworker) housing
23.901.010 Purpose and applicability.
A. Purpose. The purpose of this chapter is to establish site planning, development, and/or operating standards for caretaker housing, home occupations, live-work facilities, mobile homes, mobile home parks, and second dwelling units. It is the city’s intent, in establishing these standards, to mitigate the potential adverse impacts of these uses and activities on adjacent and surrounding land uses by applying special design requirements, regulating activities within the use, and establishing special setback and other development standards.
B. Applicability. The regulations and standards contained in this chapter shall apply only to caretaker housing, home occupations, live-work facilities, mobile homes, mobile home parks, and second dwelling units as expressly identified in the corresponding sections and shall be in addition to any other development standards and regulations contained elsewhere within this zoning code (e.g., lighting, landscaping, parking). These uses may only be located in those zoning districts as described in, and shall only be authorized in concert with, the permit requirements of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.1.010)].
23.901.020 Caretaker housing.
A. Purpose and Applicability. The regulations contained in this section shall apply to caretaker housing as defined in RCMC 23.1104.040 (Land use definitions). The establishment of new caretaker housing shall be consistent with the allowed use provisions of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) and the standards contained within this section, as well as with other development standards as required in the underlying zoning district. Where the standards of the underlying district conflict with the standards herein, these standards shall apply.
B. Associated Use. One caretaker housing unit may be permitted in conjunction with an otherwise permitted nonresidential use on the same property. The caretaker unit must be associated with and directly support the nonresidential use of the property (e.g., night watchman or site superintendent for an industrial use).
C. Occupancy. Occupancy of the caretaker unit shall be limited to the caretaker or superintendent of the associated nonresidential use of the site and his or her household.
D. Design. The design of the caretaker unit shall be consistent and uniform with the design of the associated use.
Temporary trailers as caretaker units may be permitted with issuance of a temporary use permit (see Chapter 23.116 RCMC, Temporary Use Permits) for a period of not more than six months as described in Chapter 23.922 RCMC (Temporary Uses). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.1.020)].
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
23.901.030 Home occupations.
A. Purpose and Applicability. The regulations contained in this section shall apply to home occupations to ensure the compatibility of the home occupations with the principal residential uses in order to protect the integrity and character of neighborhoods.
B. Approval Process. A home occupation shall not be conducted prior to approval of zoning certification (see Chapter 23.113 RCMC, Zoning Certification).
C. Business License. A business license from the city is required for any home occupation.
D. Performance Standards. It is the intent of the following standards to reduce the impact of the home occupation to the degree that its effects on the neighborhood are undetectable from normal and usual residential activity. These standards shall be incorporated as conditions of the zoning clearance. Failure to comply with these standards will result in revocation of the home occupation permit and/or business license.
1. Number of Home Occupations. There is no limit on the number of home occupations at a residence; provided, that the performance standards identified in this section are met. All of the following standards are calculated and/or applied based on a single residence.
2. Employees. Off-site employees or partners are permitted as part of the home occupation so long as they do not report for work at the subject property.
3. Habitable Floor Area. The use of the dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes.
4. Off-Site Effects. There shall be no mechanical equipment or operation used which creates or makes dust, odor, vibration, or other effects detectable at the property line. Noise level at the property line shall not exceed 55 dBA and shall comply with the city’s noise ordinance (Chapter 6.68 RCMC). No process shall be used which is hazardous to public health, safety, morals, or welfare.
5. On-Site Sales. There shall be no products sold on the premises except artist’s originals or products individually made to order on the premises except as provided by the California Health and Safety Code for cottage food operators and except as specified in subsection (D)(7) of this section.
6. Products which are not artist’s originals or individually made to order may be constructed on site, using equipment normally found in a residence; however, these products may only be sold at a permitted commercial location.
7. Servicing and repair of firearms are permitted, subject to obtaining any state or federal license.
8. Display. There shall be no display of products produced by occupants of the dwelling which are visible in any manner from the outside of the dwelling unit.
9. Traffic/Vehicles. The use shall not generate pedestrian or vehicular traffic beyond that which is normal in a residential district nor in any case require the parking of more than two additional vehicles at the home at any one time. No motor vehicle that is used or kept on the premises in conjunction with the home occupation shall exceed two axles or a length of 20 feet.
10. Storage. There shall be no storage of material or supplies within view of a public right-of-way and storage shall not utilize a required parking space (e.g., within a required garage).
11. Exterior Appearance. There shall be no remodeling or construction of facilities especially for the home occupation which changes the external appearance of the neighborhood from a residential to a more commercial look when viewed from the front of the building.
12. Signs. Signs shall be allowed for the home occupation in accordance with Chapter 23.743 RCMC (Signs).
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
13. Visitors and Customers. Visitors and customers shall not exceed those normally and reasonably occurring for a residence, including not more than one business visitor an hour and eight a day, during the hours of 8:00 a.m. to 7:00 p.m. (regardless of how many businesses operate out of the home).
14. Deliveries. Deliveries shall not exceed those normally and reasonably occurring for a residence and not more than one delivery of products or materials a week. Deliveries of materials for the home occupation shall not involve the use of commercial vehicles except for FedEx-, UPS-, or USPS-type home pickups and deliveries.
15. Hazardous Materials. No storage of hazardous materials is permitted beyond normal household use.
Businesses that require hazardous chemicals (e.g., pest control, pool cleaning, etc.) are not permitted as home occupations.
E. Limitations on Specific Home-Based Businesses.
1. Certified massage practitioners are permitted if the following criteria are met:
a. Only one client is on site at a time and by appointment only. b. The use shall be conducted on a part-time basis.
c. The practitioner must submit proof of a certificate of training from a state-approved school (e.g., Department of Education, Office of Post Secondary Education). d. The use will not be conducted in such a fashion as to constitute a public or a private nuisance.
2. Mobile food vendor vehicles cannot be parked at a private residence (see mobile food vendor limitation in RCMC 23.910.040).
3. Taxicab, limousine, or pedicab service shall not be on call and available for service; no vehicle shall be dispatched from the residence by radio, telephone, or other means, but may be parked at the residence when not in service.
4. Cottage food operations, as defined by and consistent with the requirements of the California Health and Safety Code, are limited to one full-time employee, not including a family member or household member of the cottage food operation.
F. Prohibited Home Occupations.
1. Alcohol beverage manufacturing or sales business;
2. Ambulance service;
3. Ammunition reloading, including custom reloading;
4. Boarding house, bed-and-breakfast hotel, timeshare condominium;
5. Carpentry, cabinet makers;
6. Ceramics (kiln of six cubic feet or more);
7. Firearms sales;
8. Health salons, gyms, dance studios, aerobic exercise studios;
9. Medical, dental, chiropractic, or veterinary clinics;
10. Mortician, hearse service;
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
11. Noncertified massage practitioners;
12. Palm reading, fortunetelling;
13. Private clubs;
14. Repair or reconditioning of boats or recreation vehicles;
15. Restaurants or taverns;
16. Retail sales from site (except direct distribution of artist’s originals, and as provided by the California Health and Safety Code for cottage food operations);
17. Storage, repair, or reconditioning of major household appliances;
18. Storage, repair, or reconditioning of motorized vehicles or large equipment on site;
19. Tattoo service;
20. Tow truck service;
21. Veterinary uses (including boarding);
22. Welding services;
23. Other uses the director determines to be similar to those above per RCMC 23.107.030 (Official interpretation). [Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27- 2008 § 1 (Exh. A § 5.1.030)].
23.901.040 Live-work facility.
A. Purpose and Applicability. The regulations contained in this section shall apply to live-work facilities as defined in RCMC 23.1104.040 (Land use definitions). The establishment of new live-work facilities shall be consistent with the allowed use provisions of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) and the standards contained within this section, as well as other development standards as required in the underlying zoning district. Where the standards of the underlying district conflict with the standards herein, these standards shall apply.
B. Limitations on Use. The nonresidential component of a live-work facility shall be a use allowed within the applicable base zoning district; however, the uses and activities described below shall be prohibited:
1. Any automobile and vehicle uses as listed in RCMC 23.1104.040 (Land use definitions).
2. Any special regulated uses as listed in RCMC 23.1104.040 (Land use definitions).
3. Any activity which involves:
a. Storage of flammable liquids or hazardous materials beyond those normally associated with a residential use;
b. Welding, machining, or any open flame work; and/or
c. Major manufacturing as defined in RCMC 23.1104.040 (Land use definitions).
4. Any other activity or use as determined by the director as incompatible with residential activities and/or to have the possibility of affecting the health or safety of live-work unit residents, because of the potential for the use to create dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts, or that would be hazardous because of materials, processes, products, or wastes.
C. Density. Live-work units shall comply with the density regulations of the applicable base zoning district.
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
D. Design Standards.
1. Floor Area Requirements. No more than 50 percent of the ground floor area shall be reserved for living space. Up to 100 percent of the ground floor area may be dedicated to working space.
2. Separation and Access. Each live-work unit shall be separated from other units and other uses in the structure. Access to each unit shall be provided from common access areas, corridors, or halls, and the access to each unit shall be clearly separate from other live-work facilities or other uses within the same structure.
3. Facilities to Accommodate Commercial or Industrial Activities. A live-work facility shall be designed to accommodate commercial or industrial uses, as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity.
4. Integration of Living and Working Space. The living space within the live-work facility shall be designed as an integral part of the unit and not with separate access from the work space, except that mezzanines and lofts may be used as living space subject to compliance with the other provisions of this section, and living and working space may be separated by interior courtyards or similar private space.
5. Parking. Each live-work facility shall comply with the parking standards of Chapter 23.719 RCMC (Parking and Loading).
E. Nonresident Employees. Up to two persons who do not reside in the live-work unit may work in the unit at any one time. Additional employment may be permitted through issuance of a limited use permit based on findings that the employment will not adversely affect traffic and parking conditions in the vicinity of the site.
F. Changes in Use. After approval, a live-work facility shall not be converted to entirely residential use, nor shall the ratio of living space to working space be changed, unless authorized through administrative use permit approval. As part of the approval of the administrative use permit, the designated approval authority must find that the exclusive residential use will not impair the ability of nonresidential uses on and adjacent to the site to continue operating because of potential health or safety concerns or nuisance complaints raised by the exclusively residential use and/or its occupants. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.1.040)].
23.901.050 Mobile homes and mobile home parks.
A. Purpose and Applicability. This section applies to new and existing mobile homes and mobile home parks within the city. The purpose of this chapter is to establish standards for the development, modification, and operation of mobile home parks.
B. Special Standards for Mobile Homes. Mobile homes outside of a mobile home park shall comply with the standards set forth for single-family homes in Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards), as well as the following criteria:
1. A mobile home must be built on a permanent foundation as approved by the building department.
2. It must have been constructed after June 15, 1976, and must be certified under the National Manufactured Home Construction and Safety Act of 1974.
3. The unit’s skirting must extend to the finished grade.
4. Exterior siding must be compatible with adjacent residential structures, and shiny and metallic finishes are prohibited.
C. Mobile Home Parks. Mobile home parks must be constructed and designed according to state law.
D. Management and Maintenance. Every mobile home park community shall be properly managed to ensure maintenance of common facilities and to ensure individual home sites are developed and maintained in accordance with recorded rules and regulations for the park. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27- 2008 § 1 (Exh. A § 5.1.050)].
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
23.901.060 Accessory dwelling units.
23.901.070 Senior independent living facility.
A. Elevators shall be provided for all multi-story structures; or B. A management program shall be in place to address the aging in place issue that is acceptable to the director. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.1.070)].
23.901.080 Family day care (large).
Repealed by Ord. 1-2020. [Ord. 10-2018 § 3; Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A)].
23.901.090 Residential care home (large).
A. Plans shall be approved by the fire department prior to any approval and additional fire protection measures may be required.
B. City business license is required.
C. Minimum 1,000-foot separation is required between other residential care home facilities. [Ord. 4-2017 § 3 (Exh.
B); Ord. 12-2011 § 3 (Exh. A)].
23.901.100 Agricultural employee (farmworker) housing A.Applicability
Agricultural Employee (Farmworker) Housing Projects that provide housing for at least five farmworkers and are proposed pursuant to §17021.6 of the Employee Housing Act are referred to as “EHA Projects”.
Eligible project types include Employer-Provided Farmworker Housing or Rural Farmworker Housing projects, of up to twelve dwelling units or up to 36 beds in group quarters (dormitory-style housing); or a Small Project that provides housing for at least five farmworkers. EHA Projects may be for seasonal or temporary residency. EHA Projects shall not include any proposed land division (i.e., parcel map, subdivision map or condominium map) for the purposes of creating a separate parcel for the EHA Project or EHA units.
B.Agricultural Employee Project Types
Agricultural Employee (Farmworker) Housing Projects provide housing for 5 or more Farmworkers (“EHA Projects”). EHA Projects include the following project types:
1. Employer-Provided Farmworker Housing Project
a. 5 to 36 beds in group quarters designed for single adult farmworkers, or; b. 5 to 12 dwelling units, mobile home/RV spaces, each designed for occupancy by at least one farmworker and his/her household.
2. Small Farmworker Housing Project
a. 1 to 4 dwelling units or mobile homes housing at least 5 farmworkers and licensed by the Enforcement Agency.
C.Required Permits and Approvals
1. Site Development Permit. In the AG Zone districts, EHA Projects proposed are considered an agricultural use and require an Administrative Use Permit from the Planning Department. Conditions of approval may be imposed by the Director to ensure compliance with the standards of this section, and the City, and with the
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
Act.
2. Water and Sanitation Permits. EHA Projects not connected to community sewer or water shall obtain required City permits for proposed well water and/or septic systems. EHA Projects on well water that meet the definition of Public Drinking Water System shall comply with State Water Resources Control Board Standards.
3. Building Permits. EHA Projects shall obtain building permits or other required permits, depending on type of housing accommodations proposed for the project. For EHA Projects consisting of two to four mobile or manufactured homes (not on a permanent foundation system) or recreational vehicles, or spaces for two to four mobile homes or recreational vehicles (a “trailer park”), HCD is the permitting agency. For EHA Projects of five to twelve spaces, mobile homes, or recreational vehicles, the City is the permitting agency.
4. Recorded Covenant. The site development permit shall include a condition of approval for the property owner to record a farmworker housing covenant with the City to provide constructive notice of and ensure owner’s compliance with the requirements of this section of the Rancho Cordova City Code, the Act, and their License.
5. License. EHA Projects shall obtain and maintain a License to operate the proposed farmworker housing from the Enforcement Agency pursuant to §17030-17039 of the Act. The Enforcement Agency in the City is the Planning Department. EHA Projects are subject to environmental review (“CEQA”). The Public Resources Code provides some exemptions to CEQA that may apply to certain types of farmworker housing defined herein.
D.Development Standards and Criteria
1. Applicability. EHA Projects shall comply with development standards of the zone districts in which they are located, as well as the additional standards and criteria provided below. In the event of any conflict between Chapter 23.307 and the standards and criteria provided in this section, those in this section shall prevail.
EHA Projects proposed in agricultural zones are considered an agricultural use pursuant to the Act and as such are not subject to the residential density limitations set forth in the General Plan or Zoning Code.
E.Single-Family Farmworker Housing Projects
1. Intent. Single-Family Farmworker Housing projects, at the applicant’s option, may be proposed pursuant to §17021.5 of the Act, in which case they are deemed a residential use and subject to the same permitting requirements and development standards that apply to a single-family dwelling proposed in the applicable zone, rather than being deemed an agricultural use pursuant to this section. All Single-Family Farmworker Housing Projects that provide housing for more than five farmworkers shall obtain a License from the Enforcement Agency pursuant to the Act.
Small Farmworker Projects proposed to provide housing for four or fewer individual farmworkers (at least one farmworker per proposed unit, not to exceed four farmworkers total in the project) are not an EHA Project and not subject to the Act. Such projects may be approved in agricultural zones with an Administrative Use Permit pursuant to all requirements above, except for the requirement to obtain or maintain a License.
1. In lieu of a License, such projects shall be subject to annual monitoring by the Planning Department to verify the owner’s compliance with the recorded farmworker housing covenant and project conditions of approval.
If, upon monitoring or in response to a complaint, any dwelling unit in such project is determined to be non- compliant with the occupancy requirements set forth in the farmworker housing covenant, after reasonable notice and opportunity to correct the violation as set forth in City Code, the project permit may be revoked and the unit(s) subject to enforcement pursuant to Rancho Cordova City Code Chapter 23.173, possibly including abatement.
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
1 Code reviser’s note: Ordinance 13-2013 Exhibit B sets out all of Article 9 without intending to amend the entire article. Only sections intended to be amended by the ordinance cite the ordinance in the section’s legislative history.
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
23.1104.040 Land use definitions.
“Adult day care facilities” means state-licensed facilities that provide supervised care of older adults, providing activities such as meals and socialization one or more days a week during specified daytime hours. The participants, primarily persons with physical and/or mental limitations who need socialization, physical assistance, and/or psychological assistance, return to their homes each evening. The program is often used as respite by family members caring for an older person who cannot be left alone safely in the home. Supervision for more than six adults for periods of less than 24 hours, with no overnight stays. “Adult day care home” is defined by state law as the provision of nonmedical care to six or fewer adults, including seniors, in the provider’s own home, for a period of less than 24 hours at a time. Homes serving more than six adults are included in “Adult day care facilities.”
“Agricultural Employee” means an employee engaged in agriculture, which includes farming in all its branches, including but not limited to the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities, the raising of livestock, bees, furbearing animals, or poultry, and any practices performed by a farmer or on a farm, as further defined in CA Labor Code §1140.4(b). “Agricultural Employee” also means farm worker, farmworker, or farm laborer. “Agricultural Employer” means an employer engaged in agricultural operations who employ employees, as defined in Labor Code Section 1140.4(c).
“Agricultural Housing, Single-Family Farmworker Housing” means housing accommodations occupied by no more than six farmworkers for which the owner/operator has obtained or seeks a License pursuant to Section 17021.5 of the Employee Housing Act, which allows such projects to be deemed a single-family dwelling and a residential use of the property.
“Agricultural Housing, Employer Provided” means housing accommodations described in Section 17008(a) of the Employee Housing Act for five or more farmworkers by their employer and maintained in connection with any work or place where work is being performed, whether or not rent is involved. “Agricultural products processing” means the act of changing an agricultural crop after harvest from its natural state to the initial stage of processing in order to prepare it for market and for further processing at an off-site location.
Examples of this processing include nut hulling and shelling, bean cleaning, corn shelling and sorting, grape sorting and crushing, primary processing of fruits to juice and initial storage of the juice, without fermentation, cleaning and packing of fruits.
“Agricultural tourism” means establishments that cater to tourists and provide agricultural products either produced on the site or within the community. Such uses include but are not limited to wineries with tasting rooms and permanent roadside crop stands or fruit stands.
“Airport” means a facility where aircraft such as airplanes can take off and land. An airport minimally consists of one runway but other common components are hangars and terminal buildings. “Alcoholic beverage sales” means the retail sale of beer, wine, and/or other alcoholic beverages for off-premises consumption.
“Ambulance service” means emergency medical care and transportation, including incidental storage and maintenance of vehicles.
“Animal husbandry” means raising and breeding of animals or production of animal products. Typical uses include grazing, ranching, dairy farming, poultry farming, and beekeeping, but exclude slaughterhouses and feedlot operations. This classification includes accessory agricultural buildings accessory to such uses. Animal sales, boarding, and grooming are defined separately under “Animal sales and grooming.” Keeping of animals is defined separately under “Animal keeping.”
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
“Animal keeping” means care and maintenance of animals on private property. The listing below provides a distinction between various types of animals related to allowed use provisions in Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards). This classification is distinct from animal husbandry, animal sales and grooming, and equestrian facilities (commercial or hobby). Also see “Kennels, commercial,” which provides for the boarding of animals (e.g., “doggie day care”).
1. “Domestic pets” means small animals (no larger than the largest breed of dogs) customarily kept as pets within a dwelling unit. This classification includes dogs, cats, fish, and birds (excluding large tropical birds and poultry).
2. “Exotic animals” means wild animals not customarily confined or cultivated by man for domestic or commercial purposes, but kept as a pet or for display, including miniature pigs, snakes, reptiles, and large tropical birds (including peacocks).
3. “Livestock animals” means domesticated animals that may be kept or raised in pens, barns, houses, and pastures, whether for commercial or private use. Livestock includes, but is not limited to, cattle, sheep, swine, goats, equine, and fowl.
4. “Poultry” means domesticated birds (fowl) customarily kept for eggs or meat. This classification includes chickens, roosters, ducks, geese, turkeys, guinea fowl, and Cornish game hens. “Animal sales and grooming” means retail sales of domestic and exotic animals, bathing and trimming services, and boarding of said animals for a maximum period of 72 hours, conducted entirely within an enclosed building with no outdoor use.
“Aquaculture” means the cultivation of marine or freshwater fish, shellfish, or plants under controlled conditions.
Aquaponics is a subset of aquaculture which integrates aquaculture with hydroponics by recycling the waste products from fish to fertilize hydroponically growing plants. “Art, antique, collectable” means retail sales uses including antique shops, art galleries, curio, gift, and souvenir shops, and the sales of collectible items including sports cards and comic books. Stores selling handcrafted items that are produced on the site are defined separately as “Artisan shops.” “Artisan shops” means retail stores selling art, glass, ceramics, jewelry, and other handcrafted items, where the facility includes an area for the crafting of the items being sold. “Artisanal and specialty manufacture, display and sales” means the manufacture, display, and sales of specialty food and goods requiring the transformation of raw materials into products that may be edible, useful, or decorative.
Outdoor display, sales and consumption on premises may be included subject to zoning and accessibility requirements, and any other state or local regulations such as, but not limited to, the California Uniform Food Facilities Law (CURFFL).
“Auto and vehicle sales and rental” means retail establishments selling and/or renting automobiles, trucks, and vans.
This use listing includes the sales and rental of mobile homes, recreation vehicles, and boats. May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. It does not include the sale of auto parts/accessories separate from a vehicle dealership (see “Auto parts sales”), bicycle and moped sales (see “Retail, general”), tire recapping establishments (see “Vehicle services – major”), businesses dealing exclusively in used parts (see “Recycling facility – scrap and dismantling”), or “Service station,” all of which are separately defined.
“Auto and vehicle sales, wholesale” means wholesale establishments selling new and used vehicles and used vehicle parts. This use is normally developed as part of an auto wrecking yard, junkyard, or salvage yard. Conventional automobile dealerships are listed under “Auto and vehicle sales and rental.” “Auto and vehicle storage” means facilities for the storage of operative and inoperative vehicles for limited periods of time. Includes but is not limited to storage of parking tow-aways, impound yards, and storage lots for
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
automobiles, trucks, buses, and recreation vehicles. Does not include vehicle dismantling (see “Auto vehicle dismantling”) or retail sales (see “Auto and vehicle sales, wholesale”). “Auto parts sales” means stores that sell new automobile parts, tires, and accessories. May also include minor parts installation (see “Vehicle services – minor”). Does not include tire recapping establishments, which are found under “Vehicle services – major” or businesses dealing exclusively in used parts, which are included under “Auto and vehicle sales, wholesale.”
“Auto vehicle dismantling” means establishments for the dismantling of automobile vehicles, including the dismantling or wrecking of automobiles or other motor vehicles, and/or the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking. Retail sales are included under the definition of “Auto and vehicle sales, wholesale.”
“Banks and financial services” means financial institutions such as banks and trust companies, credit agencies, holding (but not primarily operating) companies, lending and thrift institutions, and investment companies. Also includes automated teller machines (ATM). “Banks and financial services” shall not mean check cashing or finance lending businesses that do not qualify as a “financial institution” under California Financial Code statutes. “Bars and nightclubs” means any bar, cocktail lounge, discotheque, or similar establishment, which may also provide live entertainment (e.g., music and/or dancing, comedy) in conjunction with alcoholic beverage sales. These facilities do not include bars that are part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. Bars and nightclubs may include outdoor food and beverage areas.
“Bed and breakfast inns” means residential structures with one family in permanent residence with up to five bedrooms rented for overnight lodging, where meals may be provided subject to applicable health department regulations. A bed and breakfast inn with more than five guest rooms is considered a hotel or motel and is included under the definition of “Hotels and motels.”
“Brew pub” means an establishment that produces ales, beers, meads, hard ciders, and/or similar beverages to serve on site. Sale of beverages for off-site consumption is also permitted in keeping with the regulations of the ABC.
Service of brewed beverages must be in conjunction with the service of food. Manufacturing activities shall occur entirely within an enclosed building or outdoor work area screened from public view and be separated from the restaurant portion of the facility by applicable building codes. All beverage tasting shall occur within the restaurant portion of the facility. Brew pubs may not produce more than 5,000 barrels of beverage (all types of beverage combined) annually per ABC licensing standards. May also include the wholesale distribution of beverages for off- site consumption.
“Brewery, winery, distillery” means a facility where specific alcoholic beverages are manufactured. Incidental to the manufacturing process, a tasting area not to exceed 50 percent of the floor area is allowed. Tasting rooms must comply with retail hours of operation from 10:00 a.m. to 11:00 p.m. Tasting shall follow all guidelines established and enforced by Alcoholic Beverage Control. All manufacturing activities occur within a completely enclosed building or in an outdoor work area screened from view. Off-site sales of alcoholic beverages are allowed at this facility consistent with regulations of ABC licensure. Prior to occupancy, all breweries, wineries, or distilleries shall provide evidence of acquisition of all required state and federal permits. See also “Tasting room, off-site.” “Broadcasting and recording studios” means commercial and public communications uses including radio and television broadcasting and receiving stations and studios, with facilities entirely within buildings. Does not include transmission and receiving apparatus such as antennas and towers, which are under the definition of “Telecommunication facility.”
“Building materials stores and yards” means retail establishments selling lumber and other large building materials, where most display and sales occur indoors. Includes stores selling to the general public, even if contractor sales account for a major proportion of total sales. Includes incidental retail ready-mix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in “Wholesaling and distribution.” Hardware stores are listed in
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
the definition of “Retail, general,” even if they sell some building materials. Also see “Home improvement supplies” for smaller specialty stores.
“Bus and transit shelter” means a small structure designed for the protection and convenience of waiting transit passengers and that has a roof and usually two or three sides. “Business support services” means establishments primarily within buildings, providing other businesses with services such as maintenance, repair and service, testing, rental, etc. Support services include, but are not limited to:
1. Equipment repair services (except vehicle repair; see “Vehicle services”);
2. Commercial art and design (production);
3. Computer-related services (rental, repair);
4. Copying, quick printing, and blueprinting services (other than those defined as “Printing and publishing”);
5. Equipment rental businesses within buildings (rental yards are “storage yards”);
6. Film processing laboratories;
7. Heavy equipment repair services where repair occurs on the client site;
8. Janitorial services;
9. Mail advertising services (reproduction and shipping);
10. Mailbox services;
11. Outdoor advertising services; and
12. Photocopying and photofinishing.
“Call center” means an office equipped to handle a large volume of calls, especially for taking orders or servicing customers.
“Car washing” means permanent, drive-through, self-service, and/or attended car washing establishments, including fully mechanized facilities. May include detailing services. Temporary car washes (e.g., fundraising activities generally conducted at a service station or other automotive-related business, where volunteers wash vehicles by hand, and the duration of the event is limited to one day) are not part of this use classification. “Card rooms” means gambling establishments that offer card games for play by the public. “Caretaker housing” means a residence that is accessory to a site with a nonresidential primary use and that is needed for security, 24-hour care or supervision, or monitoring of facilities, equipment, or other conditions on the site.
“Cemeteries” or “mausoleums” means land used for the burial of the dead and dedicated for cemetery purposes, including crematories, columbariums, and mausoleums. Also see “Mortuaries and funeral homes.” “Check cashing business” means an establishment that, for compensation, engages in the business of cashing checks, warrants, drafts, money orders, title cashing, or other commercial paper serving a similar purpose. Also includes establishments primarily engaged in cashing payroll or personal checks for a fee or advancing funds on future checks. This classification does not include a state or federally chartered bank, savings association, credit union or similar financial institution (see “Banks and financial services”). “Child day care facility” means a state-licensed facility which provides nonmedical care, protection, and supervision to more than 14 children under 18 years of age, on a less than 24-hour basis. Commercial or nonprofit child day care
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
facilities include infant centers, preschools, sick-child centers, and school-age day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use. “Clubs, lodges, and private meeting halls” means permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for business associations; civic, social and fraternal organizations; labor unions and similar organizations; political organizations; professional membership organizations; and other membership organizations. “Commercial marijuana uses” means any and all commercial and nonprofit entities, businesses, organizations, facilities, enterprises, buildings, structures, delivery service, vehicle or location, whether fixed or mobile, where recreational or medical marijuana (cannabis), recreational or medical marijuana products, or devices for the use of recreational or medical marijuana or marijuana products are offered, either individually or in any combination, for retail sale, including an establishment that delivers recreational or medical marijuana and recreational marijuana products. “Commercial marijuana uses” also includes any and all uses involving the cultivation, testing, research, distribution, possession, processing, storing, labeling, transporting, or sale of medical or recreational marijuana or recreational or medical marijuana products, regardless of whether such uses are permitted under state laws. “Community centers/civic uses” means multipurpose meeting and recreational facilities typically consisting of one or more meeting or multipurpose rooms, kitchens and/or outdoor barbecue facilities that are available for use by various groups for such activities as meetings, parties, receptions, dances, etc. “Community garden” means a site used for growing plants for food, fiber, herbs, or flowers, which is shared and maintained by city residents.
“Community garden, private” means an otherwise undeveloped lot divided into multiple plots for the growing and harvesting of fruits, vegetables, flowers, fiber, nuts, seeds, or culinary herbs, primarily for the personal use of the growers, and that is established, operated, and maintained by a group of persons, other than the city. This does not include a private garden or edible landscaping that is incidental to the primary use of the lot. “Community garden, public” means public land divided into multiple plots that are available to the public for growing and harvesting of fruits, vegetables, flowers, fiber, nuts, seeds, or culinary herbs primarily for the personal use of the growers, and that is established, operated, and maintained by the city. “Convenience stores” means easy-access retail stores of 5,000 square feet or less in gross floor area, which carry a range of merchandise oriented to convenience and travelers’ shopping needs. These stores may be part of a service station or an independent facility. Also see “Neighborhood market” and “Grocery store/supermarket” for larger stores or stores oriented toward the daily shopping needs of residents. “Cottage food operation” means a cottage food operation as defined in the California Health and Safety Code. “Crop production” means raising and harvesting of plants, tree crops, row crops, or field crops on an agricultural or commercial basis, including packing and processing. Includes horticulture establishments engaged in the cultivation of flowers, fruits, vegetables, or ornamental trees and shrubs for wholesale and incidental retail sales. This classification includes accessory agricultural buildings accessory to such uses and roadside stands for display/sale of agricultural products grown on the premises. Excludes uses for which other garden, nursery, or landscape merchandise is stored and sold on the site.
“Detailing or waterless car wash” means a facility that offers interior or exterior cleaning of chrome trim, windows, wheels and other visible components on a vehicle’s exterior. Cleaning typically includes the use of pre-mixed cleaners that are sprayed on and wiped off and very little use of water. “Drive-in and drive-through sales and service” means facilities where food or other products may be purchased by motorists without leaving their vehicles. These facilities include fast-food restaurants, drive-through coffee, dairy products, photo stores, etc.
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
“Dwelling, accessory unit” means an attached or detached dwelling unit which provides complete independent living facilities for one or more persons, with permanent provisions for living, sleeping, eating, cooking, and sanitation sited on the same parcel as the primary dwelling unit. This definition includes granny flats. “Dwelling, multifamily” means a building designed and intended for occupancy by three or more families living independently of each other, each in a separate dwelling unit, which may be owned individually or by a single landlord (e.g., apartment, apartment house, townhouse, condominium). “Dwelling, single-family” means a building designed exclusively for occupancy by one family on a single lot. This classification includes manufactured homes (defined in California Health and Safety Code Section 18007) and model homes for the first sale of homes within the subdivision. “Dwelling, two-family” means an attached building (e.g., duplex) designed for occupancy by two families living independently of each other, where both dwellings are located on a single lot. For the purposes of this title, this definition also includes halfplexes (two attached units, each with a separate lot). More than one two-family dwelling may be located on a single lot consistent with the density provisions of the General Plan. Does not include accessory dwelling units (see “Dwelling, accessory unit”).
“E-cigarette lounge” and “vapor bar” means any business, facility, building, establishment, structure or location, whether fixed or mobile, where customers or others utilize a heating element or other device that vaporizes a liquid solution that releases nicotine or flavored vapor, including but not limited to e-cigarettes, hookah pens, e-hookahs, or vape pipes. E-cigarette lounge and vapor bar shall include private smokers lounge and smokers lounge as defined below. “E-cigarette” or “electronic cigarette” shall have the same definition as that in RCMC 6.84.020(F).
1. “Hookah bar” means any business, facility, building, establishment, structure or location, whether fixed or mobile, where customers or others utilize hookahs, pipes, or other mechanisms placed at various locations throughout the establishment to smoke tobacco or other substances.
2. “Private smokers’ lounges” or “smokers’ lounges” means any enclosed or unenclosed area within or attached to a retail or wholesale tobacco store or smoke shop that is dedicated, in whole or in part, to the use of tobacco or e-cigarette products, including but not limited to cigarettes, cigars, pipes, hookahs, e-cigarettes, hookah pens, e-hookahs, or vape pipes or pens. Such area need not be separated from the main floor area of the retail establishment.
“Emergency facilities” means a temporary facilities to accommodate emergency public health and safety needs and activities.
“Emergency shelter” means any facility, the primary purpose of which is to provide temporary or transitional shelter for the homeless in general or for specific populations of the homeless. “Equestrian facility, commercial” means commercial horse, donkey, and mule facilities including horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), pack stations, and barns, stables, corrals, and paddocks accessory and incidental to these uses. “Equestrian facility, hobby” means stables, corrals, and paddocks used by the individual homeowners of corresponding property and their animals.
“Equipment sales and rental” means service establishments with outdoor storage/rental yards, which may offer a wide variety of materials and equipment for rental (e.g., construction equipment). “Family day care home, large” means state-licensed facilities that provide nonmedical care and supervision of minor children for periods of less than 24 hours within a single-family residence. The occupant of the residence provides care and supervision generally for seven to 14 children. As described in the California Health and Safety Code, large day care homes may provide services for up to 16 children when specific conditions are met. “Family day care home, small” means state-licensed facilities that provide nonmedical care and supervision of minor children for periods of less than 24 hours within a single-family residence. The occupant of the residence
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
provides care and supervision generally to six or fewer children. As described in the California Health and Safety Code, small day care homes for children may provide services for up to eight children when specific conditions are met.
“Fuel storage and distribution” means a large-scale facility where fuel (such as propane and gasoline) is stored and distributed without retail sales.
“Furniture, furnishings, and appliance stores” means stores engaged primarily in selling the following products and related services, including incidental repair services: draperies, floor coverings, furniture, glass and chinaware, home appliances, home furnishings, home sound systems, interior decorating materials and services, large musical instruments, lawn furniture, moveable spas and hot tubs, office furniture, other household electrical and gas appliances, outdoor furniture, refrigerators, stoves, and televisions. “Garden center/plant nursery” means establishments providing for the cultivation and sale of ornamental trees, shrubs, and plants, including the sale of garden and landscape materials (packaged and/or bulk sale of unpackaged materials) and equipment.
“Golf courses/clubhouse” means golf courses and accessory facilities and uses including clubhouses with bar and restaurant, locker and shower facilities, driving ranges, “pro shops” for on-site sales of golfing equipment, and golf cart storage and sales facilities.
“Grocery store/supermarket” means a retail business of more than 15,000 square feet in size, where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the site of the store. These full-service businesses do not typically have limited hours of operation. See separate but related listings for “Neighborhood market” and “Convenience store.” “Group residential” means shared living quarters without separate kitchen and/or bathroom facilities for each room or unit. This classification includes residential hotels, fraternities, sororities, convents, rectories, and private residential clubs but does not include living quarters shared exclusively by a family. This category includes boarding houses, which are defined as a building other than a hotel or restaurant where meals or lodging or both meals and lodging are provided for compensation for four or more persons. “Guest house” means a detached structure accessory to a single-family dwelling, accommodating living/sleeping quarters, but without kitchen or cooking facilities.
“Heliport” means a designated, marked area on the ground or the top of a structure where helicopters may land at any time.
“Hog farm, commercial” means any premises used for the raising or keeping of hogs when raised, fed, and fattened for purposes of sale and consumption by other than the owner of the site. In agricultural and agricultural-residential zoning districts, the term “hog farm, commercial” does not exclude the raising of hogs as part of general agricultural practices and 4-H purposes (also see “Animal keeping”). “Home improvement supplies” means establishments (retail or wholesale) that sell kitchen, bath, furnishings, carpeting, and other home-oriented supplies. Other retail uses are permitted if accessory to the primary use. These uses may include an expansive showroom. This category does not include the sale of lumber and does not permit the outdoor display of merchandise. This use classification is a subcategory of the larger building materials stores and yards use classification and may be combined with or separate from such uses. “Home occupation” means the conduct of a business within a dwelling unit or residential site, employing occupants of the dwelling, with the business activity being subordinate to the residential use of the property. Examples include, but are not limited to, accountants and financial advisors, architects, artists, attorneys, offices for construction businesses (no equipment or material storage), and real estate sales. “Hookah bar” means any business, facility, building, establishment, structure or location, whether fixed or mobile, where customers or others utilize hookahs, pipes, or other mechanisms placed at various locations throughout the establishment to smoke tobacco or other substances.
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
“Hotels and motels” means facilities with guest rooms or suites, provided without kitchen facilities, rented to the general public for transient lodging (less than 30 days). Hotels provide access to most guest rooms from an interior walkway and typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. Motels provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc. “Hotels and motels, extended stay” means facilities with guest rooms or suites, provided with kitchen facilities, rented to the general public for transient lodging (less than 30 days) or for longer periods of time. Hotels provide access to most guest rooms from an interior walkway and typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. Motels provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc. “Hydroponics” means a method of growing plants in soil-less medium or an aquatic-based environment in which plant nutrients are distributed via water.
“Indoor amusement/entertainment facilities” means establishments providing indoor amusement and entertainment services for a fee or admission charge, including dance halls and ballrooms and electronic game arcades, as primary uses. Four or more electronic games or coin-operated amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above; three or less machines are not considered a land use separate from the primary use of the site. “Indoor fitness and sports facilities” means predominantly participant sports and health activities conducted entirely within an enclosed building. Typical uses include bowling alleys, billiard parlors, ice/roller skating rinks, indoor racquetball courts, indoor climbing facilities, soccer areas, athletic clubs, and health clubs. This use does not include special studios not a part of an athletic or health club (e.g., karate studio, dance studio, etc.). Also see “Schools, private and special/studio.”
Kennels, Commercial. These facilities provide boarding of animals as the primary use of the facility. May also include day-time boarding and activity for animals (e.g., “doggie day care”) and ancillary grooming facilities. Also see “Animal sales and grooming.”
“Kennels, hobby” means facilities for the keeping, boarding, or maintaining of five or more dogs (four months of age or older) or five or more cats. Excludes dogs or cats for sale in pet shops or patients in animal hospitals. This includes a kennel where the animals are owned or kept by the owner or occupant for personal, noncommercial purposes, including hunting, tracking, exhibiting at shows, exhibitions, field trials or other competitions, or for enhancing or perpetuating a given breed, other than dogs or cats used in conjunction with an agricultural operation on the lot or premises.
“Libraries and museums” means public or quasi-public facilities including aquariums, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums, which are generally noncommercial in nature.
“Live-work facility” means a structure or portion of a structure:
1. That combines a commercial or manufacturing activity allowed in the zone with a residential living space for the owner of the commercial or manufacturing business, or the owner’s employee, and that person’s household;
2. Where the resident owner or employee of the business is responsible for the commercial or manufacturing activity performed; and
3. Where the commercial or manufacturing activity conducted takes place subject to a valid business license associated with the premises.
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
“Low Barrier Navigation Center” means a housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Maintenance and repair, small equipment” means establishments providing on-site repair and accessory sales of supplies for appliances, office machines, home electronic/mechanical equipment, bicycles, tools, or garden equipment, conducted entirely within an enclosed building. This classification does not include maintenance and repair of vehicles.
Manufactured Home. California Health and Safety Code Section 18007 defines a manufactured home as a structure that meets the following criteria:
1. Transportable in one or more sections;
2. When in the traveling mode, is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet;
3. Built on a permanent chassis;
4. Designed to be used as a residential dwelling;
5. Erected with or without a permanent foundation when connected to the required utilities;
6. Includes the plumbing, heating, air conditioning, and electrical systems contained therein.
This term shall include any structure which meets all the requirements of this definition except the size requirements so long as the manufacturer voluntarily files a certification and complies with the standards established under this definition. “Manufactured home” includes a mobile home subject to the National Manufactured Housing Construction and Safety Act of 1974 (42 USC Section 5401 et seq.). “Manufacturing, major” means manufacturing, fabrication, processing, and assembly of materials in a raw form.
Uses in this category typically create greater than usual amounts of smoke, gas, odor, dust, sound, or other objectionable influences that might be obnoxious to persons conducting business on site or on an adjacent site. Uses include but are not limited to batch plants, rendering plants, aggregate processing facilities, and plastics and rubber products manufacturing. Also see “Manufacturing, minor” and “Manufacturing, small scale.” “Manufacturing” shall not mean any uses involving medical or recreational marijuana products. “Manufacturing, minor” means manufacturing, fabrication, processing, and assembly of materials from parts that are already in processed form and that, in their maintenance, assembly, manufacture, or plant operation, do not create excessive amounts of smoke, gas, odor, dust, sound, or other objectionable influences that might be obnoxious to persons conducting business on site or on an adjacent site. Uses include but are not limited to furniture manufacturing and cabinet shops, laundry and dry cleaning plants, metal products fabrication, and food and beverage manufacturing, processing and assembly. Also see “Manufacturing, major” and “Manufacturing, small scale.” “Manufacturing” shall not mean any uses involving medical or recreational marijuana products. “Manufacturing, small scale” means establishments manufacturing and/or assembling small products primarily by hand, including but not limited to jewelry, pottery and other ceramics, as well as small glass and metal art and craft products. This use category also includes minor manufacturing, so long as the activity occurs on a small scale and within spaces less than 20,000 square feet in size. Also see “Manufacturing, major” and “Manufacturing, minor.” “Market garden” means the cultivation of fruits, vegetables, flowers, fiber, nuts, seeds that involves the sale or donation of its produce to the public to the public located outside of agricultural zoning districts. “Massage parlor” means an establishment where customers can receive a massage.
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
“Medical marijuana dispensary” means (1) any facility, building, structure, delivery service, vehicle or location, whether fixed or mobile, where a primary caregiver makes available, sells, transmits, gives or otherwise provides medical marijuana (cannabis) to two or more of the following: a qualified patient or a person with an identification card, or a primary caregiver, in strict accordance with California Health and Safety Code Section 11362.5 et seq.; or (2) any facility, building, structure, delivery service, vehicle or location, whether fixed or mobile, where qualified patients and/or persons with identification cards and/or primary caregivers meet or congregate in order to collectively or cooperatively distribute, sell, dispense, transmit, process, deliver, exchange or give away marijuana for medicinal purposes pursuant to California Health and Safety Code Section 11362.5 et seq. and such group is organized as a medical marijuana cooperative or collective as set forth in the Attorney General Guidelines; or (3) any facility, building, structure, vehicle or location, whether fixed or mobile, where medical marijuana, medical marijuana products, or devices for the use of medical marijuana or medical marijuana products are offered, either individually or in any combination, for retail sale, including an establishment that delivers medical marijuana and medical marijuana products as part of a retail sale. The terms “primary caregiver,” “qualified patient,” and “person with an identification card” shall be as defined in California Health and Safety Code Section 11362.5 et seq.
The terms “primary caregiver,” “qualified patient,” and “person with an identification card” shall be as defined in California Health and Safety Code Section 11362.5 et seq.
A “medical marijuana dispensary” shall not include the following uses, as long as the location of such uses is otherwise regulated by applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code; a health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code; a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter
3.01 of Division 2 of the California Health and Safety Code; a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code; a residential hospice, or a home health agency licensed pursuant to Chapter 8 of the California Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, California Health and Safety Code Section 11362.5 et seq.
“Medical services, extended care” means residential facilities providing nursing and health-related care as a primary use with inpatient beds, such as board and care homes, convalescent and rest homes, extended care facilities, and skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under “Residential care home.”
“Medical services, general” means facilities primarily engaged in providing outpatient medical, mental health, surgical, and other personal health services, but which are separate from hospitals, including medical and dental laboratories, medical, dental and psychiatric offices, outpatient care facilities, and other allied health services.
Counseling services by other than medical doctors or psychiatrists are included under “Offices.” “Medical services, hospitals” means hospitals and similar facilities engaged primarily in providing diagnostic services and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on-site accessory clinics and laboratories, accessory retail uses (see the separate definition of “Retail, accessory”), and emergency heliports.
“Mobile/manufactured home” means a trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including a recreational vehicle, commercial coach, or factory-built (modular) housing (single-family dwelling). A mobile home on a permanent foundation is included under the definition of single-family dwellings. “Mobile home” means a transportable structure which is built on a permanent chassis and designed as a dwelling when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein (California Health and Safety Code Sections 18007 and 18008). A mobile home is included in the definition of “Manufactured home,” and the minimum dimensions for a mobile home are eight feet wide, 40 feet long, and a total area of 320 square feet.
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
“Mobile home park” means a residential facility arranged or equipped for the accommodation of two or more mobile homes, with spaces for such mobile homes available for rent, lease, or purchase, and providing utility services and other facilities either separately or in common to mobile home spaces therein. “Mobile home park” means any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes. “Mortuaries and funeral homes” means funeral homes and parlors, where the deceased are prepared for burial or cremation and funeral services may be conducted.
“Neighborhood market” means a pedestrian-oriented grocery/specialty market store offering food products packaged for preparation and consumption away from the site of the store and oriented to the daily shopping needs of surrounding residential areas. Neighborhood markets are more than 5,000 square feet and less than 15,000 square feet in size and operate less than 18 hours per day. For larger stores, see “Grocery store/supermarket.” Neighborhood markets may include deli or beverage tasting facilities that are ancillary to the market/grocery portion of the use.
“Offices, accessory” means offices that are incidental and accessory to another business or sales activity that is the primary use (part of the same tenant space or integrated development). The qualification criteria for this definition is that the floor area of the accessory office use shall not exceed 50 percent of the total net habitable or leaseable floor area of the tenant space for a single-use development or the combined floor area of an integrated development for a mixed-use project.
Offices, Business and Professional. This use listing includes offices of administrative businesses providing direct services to consumers (e.g., insurance companies, utility companies), government agency and service facilities (e.g., post office, civic center), professional offices (e.g., accounting, attorneys, employment, public relations), and offices engaged in the production of intellectual property (e.g., advertising, architectural, computer programming, photography studios). This use does not include medical offices (see “Medical services”), temporary offices (see Chapter 23.922 RCMC, Temporary Uses), or offices that are incidental and accessory to another business or sales activity that is the primary use (see “Offices, accessory”). Outdoor storage of materials is prohibited. “Outdoor commercial recreation” means facilities for various outdoor participant sports and types of recreation where a fee is charged for use (e.g., amphitheaters, amusement and theme parks, golf driving ranges, health and athletic clubs with outdoor facilities, miniature golf courses, skateboard parks, stadiums and coliseums, swim and tennis clubs, water slides, zoos).
“Park and ride facility” means a designated area where a vehicle may be left in order to carpool with other commuters or to ride public transit.
“Parking facility” means a parking lot or parking structure used for parking motor vehicles where the facility is the primary use of the site. Parking structures and lots that are developed in conjunction with another primary use of the site to satisfy the on-site parking requirements for the development are not included in this definition. “Parks and public plazas” means public parks including playgrounds and athletic fields/courts and public plazas and outdoor gathering places for community use. If privately owned and restricted to the public (e.g., require payment of fee), the same facilities are included under the definition of “Outdoor commercial recreation.” “Pawnshop” means, consistent with RCMC 4.30.010, any room, store, building, or other place in which the business of pawn brokering, or the business of lending money upon personal property, pawns or pledges, or the business of purchasing articles from vendors or their assignees at prices agreed upon at or before the time of such purchase, is engaged in, carried on, or conducted.
“Personal services” means establishments providing nonmedical services as a primary use, including, but not limited to, barber and beauty shops, permanent makeup application, clothing rental, dry cleaning pick-up stores with limited
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
equipment, home electronics and small appliance repair, laundromats (self-service laundries), shoe repair shops, and tailors. These uses may also include accessory retail sales of products related to the services provided, spas and hot tubs for rent, and tanning salons.
“Printing and publishing” means establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying, and other establishments serving the printing trade including bookbinding, typesetting, engraving, photoengraving, and electrotyping. This use also includes establishments that publish newspapers, books, and periodicals, and establishments manufacturing business forms and binding devices.
Does not include “quick printing” services or desktop publishing, which are included in “Business support services.” “Private garden” means a private food-producing garden located in the front, side, or rear yard, courtyard, balcony, fence, wall, window sill or basement that is accessory to the primary use of a site. This definition does not include incidental fruit and vegetable plants as part of an ornamental garden for individual, rather than resale, use. “Private smokers’ lounges” or “smokers’ lounges” means any enclosed or unenclosed area within or attached to a retail or wholesale tobacco store or smoke shop that is dedicated, in whole or in part, to the use of tobacco or e- cigarette products, including but not limited to cigarettes, cigars, pipes, hookahs, e-cigarettes, hookah pens, e- hookahs, or vape pipes or pens. Such area need not be separated from the main floor area of the retail establishment. “Public safety facility” means a facility operated by public agencies including fire stations, other fire prevention and firefighting facilities, and police and sheriff substations and headquarters, including interim incarceration facilities. “Recreational vehicle park” means a site where one or more lots are used, or are intended to be used, by campers with recreational vehicles or tents. Recreational vehicle parks may include public restrooms, water, sewer, and electric hookups to each lot and are intended as a higher density, more intensively developed use than campgrounds.
May include accessory retail uses where they are clearly incidental and intended to serve RV park patrons only. “Recycling facility – collection” means a recycling facility used for the acceptance by donation, redemption, or purchase of recyclable materials from the public that does not occupy more than 500 square feet. This classification may include a mobile unit, kiosk-type units that may include permanent structures, and unattended containers placed for the donation of recyclable materials. This also includes so-called “reverse vending machines,” an automated mechanical device that accepts one or more types of empty beverage containers including, but not limited to, aluminum cans, glass bottles and plastic bottles, and issues a cash refund or a redeemable credit slip with value of not less than the container’s redemption value as determined by the state. “Recycling facility – processing” means a recycling facility located in a building or enclosed space and used for the collection and processing of recyclable materials. “Processing” means the preparation of material for efficient shipment or to an end user’s specifications by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Collection of recycling materials as the sole activity is included in the definition of “Recycling facility – collection.” “Recycling facility – scrap and dismantling” means uses engaged in the assembling, breaking up, sorting, temporary storage, and distribution of recyclable or reusable scrap and waste materials. This use does not include landfills or other terminal waste disposal sites. Also see “Auto vehicle dismantling” for related use for automobiles. Collection of recycling materials as the sole activity is included in the definition of “Recycling facility – collection.” “Religious institutions” means facilities operated by religious organizations for worship or the promotion of religious activities (e.g., churches, mosques, synagogues, temples) and accessory uses on the same site (e.g., living quarters for ministers and staff, child day care facilities which were authorized in conjunction with the primary use).
Other establishments maintained by religious organizations, such as full-time educational institutions, hospitals, and other potentially related operations (e.g., recreational camp), are classified according to their respective activities. “Research and development” means indoor facilities for scientific research, and the design, development, and testing of electrical, electronic, magnetic, optical, and mechanical components in advance of product manufacturing, that are not associated with a manufacturing facility on the same site. Includes but is not limited to chemical and biotechnology research and development. Does not include computer software companies (see “Offices, business
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
and professional”), soils and other materials testing laboratories (see “Business support services”), or medical laboratories (see “Medical services, general”). Does not include medical or recreational marijuana (cannabis) research facilities.
“Residential care facility” means, consistent with the definitions of state law, a facility that provides 24-hour nonmedical care for more than six persons 18 years of age or older, or emancipated minors, with chronic, life- threatening illness in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living or for the protection of the individual. This classification includes, but is not limited to, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the state of California.
“Residential care home (large)” means, consistent with the definitions of state law, a home that provides 24-hour nonmedical care for more than six persons 18 years of age or older, or emancipated minors, with chronic, life- threatening illness in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living or for the protection of the individual. This classification includes, but is not limited to, rest homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the state of California. Convalescent homes, nursing homes, and similar facilities providing medical care are included under the definition of “Medical services, extended care.” “Residential care home (small)” means, consistent with the definitions of state law, a home that provides 24-hour nonmedical care for six or fewer persons 18 years of age or older, or emancipated minors, with chronic, life- threatening illness in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living or for the protection of the individual. This classification includes, but is not limited to, rest homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the state of California. Convalescent homes, nursing homes, and similar facilities providing medical care are included under the definition of “Medical services, extended care.” “Resource protection and restoration” means activities and management of an area to preserve, re-create, and enhance natural resource values such as fish and wildlife habitat, rare and endangered plants, vernal pools, erosion control, and floodwater conveyance.
“Resource-related recreation” means facilities related to passive recreation in open space areas including bicycle and pedestrian trails, picnic areas, parking areas, and interpretive centers. “Restaurant” means a retail business selling food and beverages prepared and/or served on the site, for on- or off- premises consumption. Includes eating establishments where customers are served from a walk-up ordering counter for either on- or off-premises consumption and establishments where most customers are served food at tables for on-premises consumption, but may include providing food for take-out. Also includes coffee houses and accessory cafeterias as part of office and industrial uses.
“Retail, accessory” means the retail sales of various products (including food service) in a store or similar facility that is located within a health care, hotel, office, or industrial complex. These uses include but are not limited to pharmacies, gift shops, and food service establishments within hospitals, and convenience stores and food service establishments within hotel, office, and industrial complexes. This use category also includes retail associated with industrial uses for the products sold, distributed, or manufactured on site. The permitted retail area of the accessory use is based on the total square footage of the tenant space of a single-use development or the combined floor area of an integrated development in a mixed-use project.
“Retail, general” means stores and shops selling multiple lines of merchandise. These stores and lines of merchandise include but are not limited to art galleries, bakeries (all production in support of on-site sales), clothing and accessories, collectibles, department stores, drug and discount stores, dry goods, fabrics and sewing supplies, florists and houseplant stores (indoor sales only; outdoor sales are plant nurseries and included in the definition of “Garden center/plant nursery”), furniture, home furnishings and equipment, general stores, gift shops, hardware, hobby materials, musical instruments, parts and accessories, newsstands, pet supplies, specialty shops, sporting goods and equipment, stationery, and variety stores.
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
“Retail, warehouse club” means retail stores that emphasize the packaging and sale of products in large quantities or volumes, some at discounted prices. Sites and buildings are usually large and industrial in character. Patrons may be required to pay membership fees.
“Schools, private and special/studio” includes private educational institutions (e.g., boarding schools, business, secretarial and vocational schools, colleges and universities, establishments providing for courses by mail or online), and special schools/studios (e.g., art, ballet and other dance, computers and electronics, drama, driver education, language, music, photography). This also includes dormitories as an accessory use to a private school. Also includes facilities, institutions, and conference centers that offer specialized programs in personal growth and development (e.g., fitness training studios, gymnastics instruction, and aerobics and gymnastics studios, environmental awareness, arts, communications, management). Also see “Indoor fitness and sports facilities.” “Schools, public” means public educational institutions such as community colleges, universities, elementary schools, middle/junior high schools, high schools, and military academies. This also includes dormitories as an accessory use to a public school.“Service station” means a retail business selling gasoline or other motor vehicle fuels. Vehicle services which are incidental to fuel services are included under “Vehicle services – minor.” “Sexually oriented business” means adult bookstores, adult motion picture theaters, adult live theaters, adult video stores, or any establishment that consists of a combination of such uses. An adult bookstore is a building or a portion thereof used by an establishment either (1) where 25 percent or more of the floor space of the area of the building open to the public, and actually used for the display of books, magazines, or other publications, is devoted to the sale of books, magazines, or other publications which are distinguished or characterized by their emphasis on matters explicitly depicting, describing, or relating to specified sexual activities as defined in RCMC 23.1104.070 and which, because of their sexually explicit nature, may, pursuant to state law or county regulatory authority, be offered only to persons over the age of 18; or (2) where 25 percent or more of the total number of books, magazines, or other publications offered for sale to the public consist of books, magazines, or other publications which are distinguished or characterized by their emphasis on matters explicitly depicting, describing, or relating to specified sexual activities as defined in RCMC 23.1104.070 and which, because of their sexually explicit nature, may, pursuant to state law or county regulatory authority, be offered only to persons over the age of 18. An adult motion picture theater is a building or portion thereof or an area, open or enclosed, which regularly features motion pictures distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities as defined in RCMC 23.1104.070 or specified anatomical areas as defined in RCMC 23.1104.070. An adult live theater is a building or portion thereof or an area, open or enclosed, which regularly features live performances distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities as defined in RCMC 23.1104.070 or specified anatomical areas as defined in RCMC 23.1104.070 for observation by patrons or customers. An adult video store is a building or portion thereof used by an establishment either (1) where 25 percent or more of the floor space of the area of the building open to the public, and actually used for the display of videos, is devoted to the sale or rental of videos which are distinguished or characterized by their emphasis on matters explicitly depicting, describing, or relating to specified sexual activities as defined in RCMC 23.1104.070, and which, because of their sexually explicit nature, may, pursuant to state law or county regulatory authority, be offered only to persons over the age of 18; or (2) where 25 percent or more of the total number of videos offered for sale or rental to the public consist of videos which are distinguished or characterized by their emphasis on matters explicitly depicting, describing, or relating to specified sexual activities as defined in RCMC 23.1104.070, and which, because of their sexually explicit nature, may, pursuant to state law or county regulatory authority, be offered only to persons over the age of 18. “Single room occupancy (SRO) facilities” means multi-unit housing for very low income persons that typically consists of a single room and shared bath and also may include a shared common kitchen and common activity area.
SROs may be restricted to seniors or be available to persons of all ages. Subsidized versions may be supervised by a government housing agency.
“Smoke shop” means an establishment selling smoking, drug, and/or traditional or electronic tobacco paraphernalia or products where 15 percent or more of the total floor or shelf area is devoted to selling tobacco products (as defined in RCMC 4.07.030). Limited sales of tobacco products that commonly occur within convenience stores or service stations are not included in this definition. Smoking, as defined in RCMC 6.84.020(S), shall be prohibited
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
within all smoke shops, unless the establishment has been formally permitted to operate a private smokers’ lounge under applicable state and local laws.
“Storage, personal storage facility” means a structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand. “Storage, warehouse” means a facility for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include warehouse, storage, or mini-storage facilities offered for rent or lease to the general public (see “Storage, personal storage facility”) or warehouse facilities in which the primary purpose of storage is for wholesaling and distribution (see “Wholesaling and distribution”). “Storage, yards” means the storage of various materials outside of a structure other than fencing, either as an accessory or principal use.
“Supportive housing” means a combination of affordable housing and services. Supportive housing is typically for individuals and families confronted with homelessness and who also have very low incomes and/or serious life challenges. Supportive housing can be coupled with such social services as job training, life skills training, alcohol and drug abuse programs, and case management to populations in need of assistance, including the developmentally disabled, those suffering from dementia, including Alzheimer’s disease, and the frail elderly. “Target population” means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
“Tasting room, off-site” means a facility allowing beer, wine, or spirits tasting with on-site and off-site retail sales directly to the public (or shipped). The tasting room facility must be directly affiliated with a minimum of one brewery, winery, or distillery, meeting all applicable requirements of state and federal licensure. The tasting room may be operated as a standalone retail use. Food preparation is not permitted. Prepackaged foods may be sold on premises. Patrons may carry food on site for personal consumption. Tasting rooms must comply with the retail hours of operation of 10:00 a.m. to 11:00 p.m. On-site tasting rooms are included as an accessory use in “Brewery, winery, distillery.” Any facilities not operating with these standards are considered “Bars and nightclubs.” “Tattoo parlor” means any establishment that engages in the business of tattooing and/or branding human beings. “Telecommunication facility” means a facility designed and/or used for the purpose of transmitting, receiving, or relaying voice and/or data signals from various wireless communication devices, including a transmission tower, antenna, and/or other facility designed or used for that purpose. Amateur radio transmission facilities, facilities operated exclusively as part of a public safety network, and facilities used exclusively for the transmission of television and/or radio broadcasts are not telecommunication facilities. “Theaters and auditoriums” means indoor facilities for public assembly and group entertainment, other than sporting events (e.g., civic theaters, facilities for “live” theater and concerts, exhibition and convention halls, motion picture theaters, auditoriums). Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events; see “Outdoor commercial recreation.” “Thrift store” means a retail establishment selling secondhand goods donated by members of the public. “Trade school” means a type of higher learning school that focuses on job skill training rather than academics in the liberal arts. Trade schools focus on a particular set of skills that are taught to students looking to enter a certain career field. These schools help to train workers to perform the tasks needed to work in certain fields, and they usually do it in a shorter period of time than traditional universities. “Transit facilities” means maintenance and service centers for the vehicles operated in a mass transportation system.
Includes buses, taxis, railways, etc.
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
“Transit stations and terminals” means passenger stations for vehicular and rail mass transit systems. “Transitional housing” means housing that has a predetermined end point in time and operated under a program which provides supportive services to assist in finding and keeping permanent housing. The program length is typically no less than six months.
“Utility facilities and infrastructure” includes the following:
1. Fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091: electrical substations and switching stations, natural gas regulating and distribution facilities, public water system wells, treatment plants and storage, telephone switching facilities, wastewater treatment plants, settling ponds and disposal fields. These uses do not include office or customer service centers (classified in “Offices”) or equipment and material storage yards.
2. Pipelines for potable water, reclaimed water, natural gas, and sewage collection and disposal, and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television, and other communications transmission facilities utilizing direct physical conduits.
“Urban agriculture” means the production of food in a form and scale that is appropriate for the urban context.
Urban agriculture includes: market garden, private community garden, public community garden, private garden, and aquaculture.
“Urban agriculture stand” means a temporary produce stand that is accessory to an urban agriculture use. “Vehicle services – major” means the repair, alteration, restoration, towing, painting, cleaning (e.g., self-service and attended car washes), or finishing of automobiles, trucks, recreational vehicles, boats, and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes major repair and body work repair facilities dealing with entire vehicles; such establishments typically provide towing, collision repair, other body work, and painting services and may also include tire recapping establishments. “Vehicle services – minor” means minor facilities that specialize in limited aspects of repair and maintenance (e.g., muffler and radiator shops, quick-lube, smog check). Does not include repair shops that are part of a vehicle dealership on the same site (see “Auto and vehicle sales”) or automobile dismantling yards, which are included under “Recycling facility – scrap and dismantling.”
“Veterinary facility” means a veterinary facility that is primarily enclosed, containing only enough cage arrangements as necessary to provide services for domestic and exotic animals requiring acute medical or surgical care with accessory outdoor use that provides long-term medical care. Grooming and boarding of animals is allowed only if accessory to the facility use.
“Wholesaling and distribution” means establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as agents, merchandise or commodity brokers, and commission merchants, assemblers, buyers and associations engaged in the cooperative marketing of farm products, merchant wholesalers, and stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment. [Ord. 3-2019 § 5 (Exh. A); Ord. 15-2018 § 4 (Exh.
A); Ord. 4-2018 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 1-2016 § 6; Ord. 8-2015 § 4 (Exh. B); Ord. 13-2014 § 7; Ord. 15-2013 § 3; Ord. 13-2013 § 4 (Exh. B); Ord. 17-2013 § 3; Ord. 12-2011 § 3 (Exh. A); Ord. 7-2010 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 10.1.020). Formerly 23.1101.020].
ITEM 9.4. ATTACHMENT 2
Exhibit A to the Ordinance
MEMORANDUM
City Council Staff Report - Page 1 of 1
ITEM 9.5.
DATE: January 3, 2022
TO: Honorable Mayor and Council Members
FROM: Darcy Goulart, Planning Manager
SUBJECT: SECOND READING OF AN ORDINANCE AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.30 PLANNING
COMMISSION OF THE CITY OF RANCHO CORDOVA MUNICIPAL
CODE
RECOMMENDATION
Waive the second reading and adopt the Ordinance amending Title 2 Administration and Personnel, Chapter 2.30 Planning Commission, Section 2.30.120 Compensation of the City of Rancho Cordova Municipal Code related to the compensation for the Planning Commission.
RESULT OF RECOMMENDED ACTION
Approval of the Ordinance would amend Title 2 Administration and Personnel, Chapter 2.30 Planning Commission, Section 2.30.120 Compensation of the City of Rancho Cordova Municipal Code related to the compensation for the Planning Commission.
BACKGROUND
On December 20, 2021 the City Council waived the first reading and passed to a second reading of the Ordinance.
FISCAL IMPACT AND FUNDING SOURCE
The Fiscal Impact to the General Fund would be $12,600 per fiscal year for two regularly scheduled meetings per month. Additional costs may be incurred for necessary special meetings or joint meetings with the City Council.
ATTACHMENT(S)
1. Ordinance
2. Exhibit A to the Ordinance
ITEM 9.5. ATTACHMENT 1 Ordinance No. XX-2022 Page 1 of 2
CITY OF RANCHO CORDOVA
ORDINANCE NO. XX-2022
AN ORDINANCE AMENDING TITLE 2, ADMINISTRATION AND PERSONNEL, CHAPTER
2.30 PLANNING COMMISSION OF THE CITY OF RANCHO CORDOVA MUNICIPAL CODE Section 1. Purpose and Declarations.
WHEREAS, on November 15, 2021, the City Council reinstated the Planning Commission by; and
WHEREAS, the previous Planning Commission received a compensation of one hundred fifty dollars per month for each partial or full month during which a member served upon the Planning Commission; and
WHEREAS, the amendment proposes to compensate the Planning Commission seventy-five dollars per regularly and/or special meeting attended to each member serving upon the Planning Commission; and
WHEREAS, on December 20, 2021, the City Council held a properly noticed public hearing for this Ordinance and considered all oral and written testimony.
Section 2: Findings. The City Council hereby finds:
A. The amendment to the Rancho Cordova Municipal Code establishing regulations relating to compensation of the Planning Commission is exempt from the California Environmental Quality Act under CEQA Guidelines Section 15061. The proposed amendment to establish regulations pertaining to the Planning Commission will not have the potential to degrade the quality of the environment. Establishment and function of the Planning Commission compensation will not alter the criteria for project reviews, which could result in a negative impact on the environment.
Therefore, such compensation regulations will not negatively impact the environment.
Section 3.Amendments to Title 2 Administration and Personnel The City Council hereby adopts the amendments to Title 2 Administration and Personnel, Chapter 2.30 Planning Commission of the Rancho Cordova Municipal Code, as shown and incorporated in Exhibit A to this Ordinance.
Section 4.Severability
If any provision of this Ordinance or the application thereof to any person or circumstance, is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid or unenforceable.
ITEM 9.5. ATTACHMENT 1 Ordinance No. XX-2022 Page 2 of 2
Section 5. Effective Date
Within fifteen (15) days after adoption, a Summary of this Ordinance shall be published once in the Grapevine Independent, or the Sacramento Bee, a newspaper of general circulation printed and published in Sacramento County and circulated in the City of Rancho Cordova, in accordance with Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its inception.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 3 rd day of January 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Donald Terry, Mayor
ATTEST:
Stacy Leitner, CMC
City Clerk
ITEM 9.5. ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 23.110 APPLICATION PROCESSING
Chapter 2.30
PLANNING COMMISSION
Sections:
2.30.010 Establishment
2.30.020 Membership
2.30.030 Appointments and terms of office
2.30.040 Qualifications
2.30.050 Removal from office.
2.30.060 Vacancies
2.30.070 Duties and functions of the planning commission
2.30.080 Rules
2.30.090 Organization
2.30.100 Meetings
2.30.110 Voting
2.30.120 Compensation
ITEM 9.5. ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 23.110 APPLICATION PROCESSING
2.30.010 Establishment.
Pursuant to Section 65100 of the Government Code of the state of California, there is hereby established a planning commission which shall have the powers and duties and serve the purposes enumerated in said Section 65100 and this chapter, and which shall have jurisdiction within the incorporated boundaries of the City of Rancho Cordova.
2.30.020 Membership.
The planning commission shall consist of seven commission officers.
2.30.030 Application, appointments, and terms of office.
Appointments to the planning commission shall be made by the City Council as follows:
1. An application period of three (3) weeks shall be opened for any vacant planning commissioner seat. All applications shall be provided to individual members of the City Council needing to fill the vacant seat for review and consideration for possible nomination.
2. Five (5) commissioners shall be nominated by the individual members of the City Council and confirmed by a majority vote prior to the first meeting of the Council in February 2022. A commissioner’s term for those Council seats up for re-election in 2024, shall coincide with the term of the Councilmember that nominated that commissioner. A commissioner’s term for those Council seats up for re-election in 2022, shall serve an initial two (2) years. After the conclusion of the initial two (2) year term, the Councilmember elected in 2022, shall have the ability to nominate a new commissioner for the remainder of the term if desired. Thereafter, following each election of the City Council, re-elected or newly elected members of the Council shall each nominate one member to serve on the Planning Commission within 90 days of taking office. All commissioners nominated by an individual member of the City Council shall be confirmed by a majority vote of the City Council.
3. Two (2) commissioners shall be designated at large members and shall be selected by the City Council as a body from a pool of nominees. At large members may be nominated by any member fo the City Council and confirmed by a majority vote prior to the first meeting of the Council in February 2022. The term of the at large commissioners will be terms of four (4) years.
2.30.040 Qualifications.
Minimum qualifications for the position of planning commissioner are as follows:
1. Must be at least eighteen (18) years of age.
2. Shall not be an elected or appointed official of another public entity whose jurisdiction includes any part of the City.
3. Shall reside within the incorporated boundaries of the City of Rancho Cordova.
2.30.050 Removal from office. A planning commissioner may be removed from office by the City Council without cause, notice or hearing.
2.30.060 Vacancies.
Vacancies which occur within the commission shall be filled for the unexpired portions of the terms pursuant to section 2.30.030.
2.30.070 Duties and functions of the planning commission.
The planning commission shall have the duties and functions as specified below.
1. Serve as the approval authority as specified in Chapter 23.104 of the Rancho Cordova Municipal Code;
2. Promote public interest in, and understanding of, the general plan, specific plans, special planning areas, and regulations relating to such plans;
3. Consider and provide recommendations to the City Council on amendments to the general plan, zoning code, specific plans and special planning areas;
4. Consider subdivision matters arising from the Subdivision Map Act and this code;
5. Consider appeals of the Community Development Director;
6. Perform other powers and duties as directed by the City Council.
2.30.080 Rules.
ITEM 9.5. ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 23.110 APPLICATION PROCESSING
The Planning Commission shall adopt, subject to City Council approval, rules of procedure which shall govern the conduct of hearings and other business of the commission. Copies of the rules shall be published and shall be available with the City Clerks Office.
2.30.090 Organization
At the initial meeting of the commission, and annually thereafter at the first meeting of the calendar year for the commission, the members of the commission shall select a chairperson and vice-chairperson and shall determine the time, place, and frequency of regular meetings.
2.30.100 Meetings.
The Planning Commission shall meet at least twice a month at a regularly scheduled time and date, and at other such times as the chairperson deems necessary to perform the duties of the commission.
2.30.110 Voting.
Four (4) members of the seven (7) member planning commission shall constitute a quorum, and a quorum is required for the commission to take action on any item on its agenda.
2.30.120 Compensation.
1. Each member of the Planning Commission shall receive compensation for services as follows: Each member of the Commission shall receive seventy-five ($75) dollars compensation for each Planning Commission meeting attended, including regularly scheduled or special meetings.
2. The City may, at the discretion of the City Manager, approve payment to a member for necessary and actual expenses incurred by a member acting in an official capacity as a member of the Planning Commission.
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 9.6.
DATE: January 3, 2022
TO: Honorable Mayor and Council Members
FROM: Michelle Mingay, Senior Finance Analyst
SUBJECT: RESOLUTIONS OF INTENTION TO ESTABLISH THE CITY OF
RANCHO CORDOVA ARISTA DEL SOL COMMUNITY FACILITIES
DISTRICT NO. 2022-1, TO LEVY A SPECIAL TAX THEREIN, AND TO
INCUR BONDED INDEBTEDNESS IN AND FOR THE DISTRICT TO
FINANCE THE ACQUISITION AND CONSTRUCTION OF CERTAIN
PUBLIC FACILITIES IN AND FOR SUCH DISTRICT
RECOMMENDATION
Adopt the Resolutions.
RESULT OF RECOMMENDED ACTION
Adoption of these Resolutions begins the process of forming the City of Rancho Cordova Arista Del Sol Community Facilities District No. 2022-1, with bonded indebtedness in the principal amount not to exceed Fifty Million Dollars ($50,000,000) to pay for certain Public Facilities in and for such Community Facilities District, and sets 5:30 p.m. on February 22, 2022 as the time and date for a public hearing on the matter.
BACKGROUND
The property owner of the Arista Del Sol project has requested the City proceed with the formation of a Mello-Roos Community Facilities District (“CFD”) to assist in the funding of public infrastructure and payment of certain fees within the project. The district is proposed to be called the City of Rancho Cordova Arista Del Sol Community Facilities District No. 2022-1 (hereinafter referred to as “CFD No. 2022-1”).
The Arista Del Sol project is an approximately 209 mixed use acre parcel located west of Grantline Road and one mile south of Douglas Boulevard. The development anticipates 740 single family lots which will be developed in three phases. While the CFD will be formed over the full project, the CFD will be phased in through the use of Improvement Areas. The first Improvement Area will include 365 market rate lots ranging in size from 40' x 105' and 55' x 105' in size. Through the subdivision map and entitlement process, the CFD properties will be required to construct all appropriate infrastructure. The CFD program simply provides a funding mechanism for a part of the total costs. The balance of the costs will be paid by the developer.
City staff has reviewed the list of improvements and services authorized by CFD No. 2022-1 to
City Council Staff Report - Page 2 of 2
make certain that all appropriate projects are included. Keep in mind however, that the underlying entitlement requirements and subdivision map processing are the governing documents for the scope and timing of improvements, the CFD simply provides a financing mechanism for the improvements.
The proposed special tax rates in Improvement Area 1 range between $1,752 - $3,264 per market rate unit in the base year (fiscal year 2021 - 2022). These rates are consistent with current rates being levied in surrounding projects including the Anatolia CFD, which range between $978 - $1,625, the North Douglas CFD, which range between $1,250 - $2,073, and the Grantline 208 CFD, which range between $2,122 - $2,600 in 2021-22 dollars. The special tax will automatically increase annually, starting July 1, 2022, for the life of the CFD.
A Resolution of Intention to establish CFD No. 2022-1 is attached. The resolution sets forth the City’s intention to establish the CFD, designates the name of the district, identifies the facilities to be funded, calls for the preparation of a CFD Report and states the City’s intention to levy a special tax to pay for these facilities. Attached to the Resolution of Intention is the proposed Rate and Method of Apportionment (RMA) of Special Tax for CFD No. 2022-1 (Attachment 2), which details how and when the special tax will be levied on properties within the district, a list of authorized facilities to be provided (Attachment 3), and a copy of the public hearing notice, in a form as required by the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, which requires publication in a newspaper of general circulation circulated within the Community Facilities District at least 7 days before the public hearing (Attachment 4). The resolution also sets 5:30 p.m., or as soon thereafter as possible, on February 22, 2022 as the time and date for a hearing on the matters set forth therein. Notice of the Public Hearing will be published in the Grapevine Independent at least seven days prior to the hearing date.
A Resolution Declaring the Intent to Incur Bonded Indebtedness is also attached. This Resolution declares there is a public convenience which requires bonded indebtedness and sets the not to exceed amount of the bonds at Fifty Million Dollars ($50,000,000). The bonds are to be used to finance the acquisition and construction of, and the payment of fees for, the Facilities in and for the Community Facilities District.
This CFD is being formed with 100% property owner approval and the election by property owners is expected to generate a 100% favorable vote. It is anticipated the property owners will be waiving their rights to challenge the accelerated CFD formation process that is planned for this CFD.
FISCAL IMPACT AND FUNDING SOURCE
There is no Fiscal Impact to the City. Any Special tax Bonds to be issued on behalf of the CFD are secured solely by the Special Tax levies within the District and are not debt of the City's General Fund.
ATTACHMENT(S)
1. Resolution of Intention
2. Exhibit A to the Resolution - (Arista del Sol RMA)
3. Exhibit B to the Resolution - (List of Facilities)
4. Exhibit C to the Resolution - (Legal Notice)
5. Resolution of Intention for Bonds
6. Boundary Map
ITEM 9.6. ATTACHMENT 1 Resolution No. ___XX-2022 Page 1 of 7 Page __ of __
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA TO FORM ARISTA DEL SOL COMMUNITY FACILITIES DISTRICT NO. 2022-1,
DESIGNATE AN INITIAL IMPROVEMENT AREA THEREIN AND ESTABLISH A FUTURE
ANNEXATION AREA, AND TO LEVY SPECIAL TAXES THEREIN TO FINANCE THE
ACQUISITION AND CONSTRUCTION OF CERTAIN PUBLIC FACILITIES IN AND FOR
SUCH COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council (the “City Council”) of the City of Rancho Cordova (the “City”) having received indications of interest on behalf of the owners of the area of land proposed to be included in a community facilities district, has duly considered the advisability and necessity of establishing a community facilities district in an area of the City described herein and levying a special tax therein to finance the acquisition and construction of certain public facilities in and for such community facilities district under and pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”); and WHEREAS, the City Council, desires to proceed with the establishment of a community facilities district in order to finance costs of public infrastructure necessary or incidental to new development in the City; and
WHEREAS, the Act provides that for purposes of financing of, or contributing to the financing of, all or a portion of public facilities to be financed by the community facilities district, the legislative body of the City may provide that a portion or portions of the district be established as one or more improvement areas and that after the designation of an improvement area, all proceedings for purposes of the Act will apply only to the improvement area for those specified facilities; and
WHEREAS, pursuant to Section 53339.3 of the Act, this Council further desires to provide for future annexation of territory to the proposed community facilities district; and WHEREAS, the City Council has determined that the establishment of such community facilities district is substantially consistent with and follows the local goals and policies concerning the use of the Act that have been adopted by the City Council and are now in effect; and
WHEREAS, the City Council is fully advised in this matter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA AS FOLLOWS:
1. It is the intention of the Council to establish a community facilities district within the City of Rancho Cordova and provide that certain territory within the City may be annexed thereto in the future upon the unanimous approval of the owner of each parcel or parcel to be annexed, and to establish improvement areas therein, all under the terms of the
ITEM 9.6. ATTACHMENT 1 Resolution No. ___XX-2022 Page 2 of 7 Page __ of __
Act for the purpose of financing costs of public infrastructure necessary or incidental to new development in the City.
2. The name for the proposed community facilities district is the “City of Rancho Cordova Arista Del Sol Community Facilities District No. 2022-1” (the “CFD”). Pursuant to Section 53350 of the Act, all of the territory to be initially included in the CFD (as shown on the map described in Section 3 hereof) is hereby designated as “Improvement Area No. 1 of the City of Rancho Cordova Arista Del Sol Community Facilities District No. 2022-1” (“Improvement Area No. 1”).
The name proposed for the territory proposed to be annexed into the CFD in the future is ”City of Rancho Cordova Arista Del Sol Community Facilities District No. 2022-1 (“Future Annexation Area”) (the “Future Annexation Area”).
3. The proposed boundaries of the CFD, Improvement Area No. 1 and the Future Annexation Area are as shown on the map on the Map of Proposed Boundary of a proposed community facilities district to be known as Arista Del Sol Community Facilities District No. 2022-1, on file with the City Clerk, which the City Council approves as the map describing the extent of the territory included in the proposed community facilities district, Improvement Area No. 1 and the Future Annexation Area. The City Council finds that the map is in the form and contains the matters prescribed by Section 3110 of the California Streets and Highways Code. The City Council directs the City Clerk to certify the adoption of this resolution on the face of the map, and to file a copy of the map in the office of the City Clerk in accordance with Section 3111 of the California Streets and Highways Code and within 15 days of the date of adoption of this resolution but in no event later than 15 days prior to the public hearing provided for herein, transmit the map to the County Recorder for recording in the Book of Maps of Assessment and Community Facilities Districts in the office of the County Recorder of the County of Sacramento.
4. Except to the extent that funds are otherwise available to the CFD to pay for the Facilities (as defined below), and/or the principal and interest as it becomes due on bonds issued by the City for the CFD to construct and/or acquire the Facilities, a special tax (the “Special Tax”) sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the CFD, will be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes, or in such other manner as the City Council or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the Special Tax among the parcels of real property within the CFD in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, are described in Exhibit A attached hereto and hereby incorporated herein.
Parcels within the Future Annexation Area shall be annexed to the CFD only with the unanimous approval (each, a “Unanimous Approval”) of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed, without any requirement for further public hearings or additional proceedings.
All or any portions of territory that annexes into the CFD from the Future Annexation Area or otherwise may be annexed into a separate improvement area (each, a “Future Improvement Area”) then in existence or to be formed at the time of such annexation
ITEM 9.6. ATTACHMENT 1 Resolution No. ___XX-2022 Page 3 of 7 Page __ of __
and no additional hearings or procedures are required. The designation of a parcel or parcels as a Future Improvement Area shall be specified and approved by the Unanimous Approval at the time that the parcel or parcels are annexed to the CFD. After the designation of a parcel or parcels as an improvement area, all proceedings for approval of an appropriations limit, the rate and method of apportionment and manner of collection of special taxes, and the authorization to incur bonded indebtedness may differ from other areas of the CFD, all as set forth in the Unanimous Approval, and shall apply only to the parcel or parcels within such improvement area.
The City Council hereby finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the Act (relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to the proposed CFD.
5. The type of public facilities, including development impact fees payable to the City for public facilities, proposed to be financed by the CFD, Improvement Area No. 1 and any Future Improvement Areas pursuant to the Act shall consist of those items listed as Facilities, and incidental costs related thereto (the “Facilities”) on Exhibit B hereto and hereby incorporated herein. The financing of the costs of Facilities may include, without limitation, the payment of principal of and interest on bonds together with all direct, indirect periodic, and/or other related costs (including, without limitation, costs of administering the CFD, levying the Special Tax and administering the bonds, and establishing and replenishing reserve funds). The City Council hereby finds and determines that the public interest will not be served by allowing the property owners in the CFD to enter into a contract in accordance with Section 53329.5(a) of the Act.
Notwithstanding the foregoing, the City Council, on behalf of the CFD, may enter into one or more contracts directly with any of the property owners with respect to the construction and/or acquisition of any portion of the Facilities.
6. It is the intention of the Council that, except as may otherwise be provided by law or by the rate and method of apportionment of the Special Tax for the CFD, all lands owned by any public entity, including the United States, the State of California and the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the Special Tax. In the event that a portion of the property within the CFD shall become for any reason exempt, wholly or in part, from the levy of the Special Tax, the City will, on behalf of the CFD, increase the levy to the extent necessary upon the remaining property within the CFD which is not exempt in order to yield the required debt service payments and other annual expenses of the CFD, if any, subject to the provisions of the rate and method of apportionment of the Special Tax. It is anticipated that the Special Tax will be billed as a separate line item on the regular property tax bill. However, the City Council reserves the right, under Section 53340, to utilize any method of collecting the Special Tax which it shall, from time to time, determine to be in the best interests of the City, including, but not limited to, direct billing by the City to the property owners and supplemental billing.
The proposed rate and method of apportionment of the Special Tax among the parcels of real property within a Future Improvement Area, in sufficient detail to allow each landowner within such Future Improvement Area to estimate the maximum amount such owner will have to pay, shall be set forth in the applicable Unanimous Approval. The Special Tax shall not be levied in a Future Improvement Area after the fiscal year identified in the rate and method for such Future Improvement Area, except that a special tax that was lawfully levied in or before the final tax year and that remains
ITEM 9.6. ATTACHMENT 1 Resolution No. ___XX-2022 Page 4 of 7 Page __ of __
delinquent may be collected in subsequent years. Under no circumstances shall the special tax levied against any parcel in a Future Improvement Area for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within such Future Improvement Area by more than 10 percent.
For Future Improvement Areas, a different rate and method may be adopted than the Rate and Method adopted for Improvement Area No. 1 if the annexed territory is designated as a separate zone or improvement area. No supplements to the Rate and Method for any of the Future Improvement Areas and no new rate and method will cause the maximum tax rate in the then-existing territory of the CFD (including Improvement Area No. 1) to increase. The designation as an improvement area of any territory annexing to the CFD, the maximum amount of bonded indebtedness and other debt for such improvement area, the facilities to be financed, the rate and method of apportionment of special tax for such improvement area and the appropriations limit for such improvement area shall be identified and approved in the Unanimous Approval executed by the applicable property owner(s) in connection with each annexation to the CFD from the Future Annexation Area. The annexation and related matters described in the Unanimous Approval shall be implemented and completed without the need for Council approval as long as the following conditions are met:
(i) The rate and method of apportionment of special tax for the new improvement area is prepared by a special tax consultant retained by the City. (ii) The rate and method of apportionment of special tax for the new improvement area substantially complies with the City’s local goals and policies concerning the use of the Act.
(iii) The rate and method of apportionment of special tax for the new improvement area does not establish a maximum special tax amount for the initial fiscal year in which the special tax may be levied for any category of special tax set forth in the Rate and Method for Improvement Area No. 1 that is greater than 125% of the maximum amount of the same or closest category of special tax for the same fiscal year calculated pursuant to the Rate and Method for Improvement Area No. 1.
(iv) The rate and method of apportionment of special tax for the new improvement area does not introduce a type of special tax that was not included in the Rate and Method for Improvement Area No. 1 (e.g., a single special tax that is levied and must be paid in a single fiscal year).
The rate and method of apportionment of special tax for the new improvement area includes a mechanism that protects against revenue loss as a result of land use changes.
(v) The Special Tax proposed to pay for the Facilities to be supplied within the territory annexed will be equal to the Special Taxes levied to pay for the same Facilities in previously-existing areas of the CFD and Improvement Area No. 1, except that (i) a higher Special Tax may be levied on territory annexing into the CFD to pay for the same Facilities to compensate for the interest and principal previously paid from Special Taxes in the original area of the CFD and Improvement Area No. 1, less any depreciation allocable to the financed
ITEM 9.6. ATTACHMENT 1 Resolution No. ___XX-2022 Page 5 of 7 Page __ of __
Facilities, and (ii) a higher Special Tax may be levied on territory annexing into the CFD to pay for new or additional Facilities, with or without bond financing.
This Council hereby finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the Act (relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to the proposed CFD and Improvement Area No. 1.
7. The levy of the Improvement Area No. 1 Special Tax shall be subject to the approval of the qualified electors within Improvement Area No. 1 at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in Improvement Area No. 1, with each owner having one vote for each acre or portion of an acre such owner owns in Improvement Area No. 1 not exempt from the Improvement Area No. 1 Special Tax.
The Special Tax shall be levied in a Future Annexation Area only with the Unanimous Approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed, without any requirement for further public hearings or additional proceedings. The designation as an improvement area of any territory annexing to the CFD, the maximum amount of bonded indebtedness and other debt for such improvement area, the facilities to be financed, the rate and method of apportionment of special tax for such improvement area and the appropriations limit for such improvement area shall be identified and approved in the Unanimous Approval executed by property owners in connection with their annexation to the CFD, without the need for any further public hearings or proceedings.
8. In order to finance the costs of the Facilities it is necessary to incur bonded indebtedness on behalf of the CFD and it is the intention of this Council, acting as the legislative body for the CFD, to cause bonds of the City to be issued for the CFD pursuant to the Act to finance in whole or in part the construction and/or acquisition of the Facilities.
9. The Administrative Services Director of the City, as the officer having charge and control of the Facilities, or the designee of such official, is hereby directed to cause and direct a study of said proposed CFD and the Facilities and to cause to be prepared for filing at the public hearing the report required by Section 53321.5 of the Act (the “CFD Report”) presenting at least the following:
(a) A brief description of the Facilities by type which will be required to adequately meet the needs of the CFD.
(b) An estimate of the fair and reasonable cost of the Facilities including the cost of acquisition of lands, rights-of-way and easements, any physical facilities required in conjunction therewith and incidental expenses in connection therewith, including the costs of the proposed bond financing and all other related costs as provided in Section 53345.3 of the Act.
The CFD Report shall be made a part of the record of the public hearing specified below.
10. The City Council also intends to establish the annual appropriations limit of the CFD in the amount not to exceed the amount of bonds authorized for the CFD.
ITEM 9.6. ATTACHMENT 1 Resolution No. ___XX-2022 Page 6 of 7 Page __ of __
11. The City Council hereby sets Tuesday, February 22, 2022, at the hour of 5:30 P.M., at the regular meeting place of the City Council, City Council Chambers, Rancho Cordova City Hall, 2729 Prospect Park Drive, Rancho Cordova, California 95670, as the time and place when and where the City Council, as legislative body for the CFD, will conduct a public hearing on the establishment of the CFD, Improvement Area No. 1, the designation of Future Annexation Area, and consider and finally determine whether the public interest, convenience and necessity require the formation of the CFD, Improvement Area No. 1, and the Future Annexation Area, and the levy of the Special Tax. At the hearing, testimony concerning the CFD, the extent of the CFD or the furnishing of the particular types of public facilities will be heard and protests will be considered from registered voters residing within the CFD and persons owning real property within the CFD. Written protests by the owners of a majority of the land which would be subject to special taxation within the proposed the CFD will require the suspension of proceedings for at least one year. Written protests must be filed with the City Clerk at or before the time fixed for the hearing. If such protests are directed only against certain elements of the proposed improvements or proposed special tax, and if such protests constitute a majority protest, only those elements shall be deleted from the proceedings.
12. The City Clerk is hereby directed to cause notice of the public hearing, in the form attached hereto as Exhibit C, to be given in the form required by the Act, which requires publication in a newspaper of general circulation circulated within the CFD, which such publication shall be made pursuant to Section 6061 of the Government Code of the State of California. The publication shall be completed at least 7 days before the date of the public hearing referenced above. The notice shall be substantially in the form specified in Section 53322 of the Act and attached hereto, with the form summarizing the provisions hereof hereby specifically approved.
14. Section 53314.9 of the Act provides that, either before or after formation of the CFD, the City may accept work in-kind from any source, including, but not limited to, private persons or private entities, may provide, by resolution, for the use of that work in-kind for any authorized purpose and the Council may enter into an agreement (an “Acquisition Agreement”), by resolution, with the person or entity advancing the work in-kind, to reimburse the person or entity for the value, or cost, whichever is less, of the work in-kind, as determined by the Council, with or without interest, under the conditions specified in the Act. Any work in-kind must be performed or constructed as if the work had been performed or constructed under the direction and supervision, or under the authority of, the City.
Section 53316.2 of the Act provides that a community facilities district may finance facilities to be owned or operated by a public agency other than the agency that created the district, or services to be provided by a public agency other than the agency that created the district, or any combination, only pursuant to a joint community facilities agreement or a joint exercise of powers agreement adopted pursuant to this section. The Administrative Services Director of the City and each other authorized officer of the City is hereby authorized and directed to enter into such joint community facilities agreements as are needed with respect to any entity other than the City that will own or operate any of the Facilities, as may be necessary to comply with the provisions of Section 53316.2 of the Act. The Council hereby declares that such joint agreements will be beneficial to owners of property in the area of the CFD.
ITEM 9.6. ATTACHMENT 1 Resolution No. ___XX-2022 Page 7 of 7 Page __ of __
13. The City Council finds and determines that adoption of this Resolution is not a “project” under the California Environmental Quality Act, because the Resolution does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b)(4).
14 This Resolution shall take effect from and after its adoption.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova this 3rd day of January 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Donald Terry, Mayor
ATTEST:
Stacy Leitner, CMC
City Clerk
IA No.
1 of Arista del Sol CFD No. 2022-1 1 December 3, 2021
IMPROVEMENT AREA NO. 1 OF THE
CITY OF RANCHO CORDOVA
ARISTA DEL SOL
COMMUNITY FACILITIES DISTRICT NO. 2022-1
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A
Special Tax applicable to each Assessor’s Parcel in Improvement Area No. 1 of the City of Rancho Cordova Arista del Sol Community Facilities District No. 2022-1 shall be levied and collected according to the tax l iability determined by the City Council through the application of the appropriate amount or rate for Taxable Property, as describ ed below. All of the property in Improvement Area No. 1, unless exempted by law or by the provis ions of Section G below, shall be taxed for the purposes, to the extent, and in the manner her ein provided, including property subsequently annexed to Improvement Area No. 1 unless a separat e R a t e a n d M e t h o d o f Apportionment is adopted for the annexation area.
A. DEFINITIONS
The term
s hereinafter set forth have the following meanings:
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Asse ssor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map or other parcel map recorded at the County Recorder’s Office. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, (commencing with Section 53311), Part 1, Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means any or all of the following: the fees and expenses of any fiscal agent or trustee (includi n g a n y f e e s o r e x p e n s e s o f i t s counsel) employed in connection with any Bonds, and the expenses of the City in carrying out its duties with respect to Improvement Area No. 1, the CFD and the Bonds, including, but n ot limited to, the levy and collection of Special Taxes, the fees and expenses of its counsel, charges levied by the County in connection with the levy and collection of Special Taxes, costs related to property owner inquiries regarding the Special T ax, costs associated with appe als or requests for interpretation associated with the Special Tax and this RMA, amounts needed to pay rebate to the federal government with respect to Bonds, costs associated with complyi ng with continuing disclosure requirements for the City and any major property owners or othe r obligated parties, costs associated with foreclosure and collection of delinquent Specia l Taxes, and all other costs and expenses of the City and County in any way related to the estab lishment or administration of Improvement Area No. 1 and the CFD.
“Administrator” shall mean the person or firm designated by the City to admini ster the Special Tax according to this RMA.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel number.
ITEM 9.6.
ATTACHMENT 2
Exhibit A to the Resolution
IA No. 1 of Arista del Sol CFD No. 2022-1 2 December 3, 2021
“Assessor’s Parcel Map” means an official map of the Co unty Assessor designating Parcels by Assessor’s Parcel Number.
“Authorized Facilities” means the public facilities authorized to be financed, in whole o r i n part, by the CFD.
“Base Special Tax” means, for any Land Use Category, the applicable Special Tax i nitially identified in Table 1 in Section C, as may be adjusted pursuant to Sections D or H herein.
“Bonds” means bonds or other debt (as defined in the Act), whether in one or more series, secured by the Special Tax and issued or assumed by or for Impr ovement Area No. 1 to fund Authorized Facilities.
“Building Permit” means a permit that allows for vertical construction of a build ing or buildings, which shall not include a separate permit issued for construction of the foundation thereof.
“Capitalized Interest” means funds in any capitalized interest account available to p ay debt service on Bonds.
“CFD” means the City of Rancho Cor dova Arista del Sol Community Faci lities District No. 2022-1.
“CFD Formation” means the date on which the Resolution of Formation to form th e CFD and Improvement Area No. 1 was adopted by the City Council.
“City” means the City of Rancho Cordova.
“City Council” means the City Council of the City of Rancho Cordova.
“County” means the County of Sacramento.
“Developed Property” means, in any Fiscal Year, all Parcels of Taxable Property that are not Taxable Owners Association Property, Taxable Public Property, o r Taxable Welfare Exemption Property for which a Building Permit for new construction was i ssued prior to June 1 of the preceding Fiscal Year.
“Development Class” means, individually, Developed Pr operty, Final Map Property, Undeveloped Property, Taxable Own ers Association Property, Taxa ble Public Property, and Taxable Welfare Exemption Property.
“Expected Land Uses” means the number of Residential Units and the Acreage of Other Property expected within Improvement Area No. 1 at CFD Formatio n, as identified in Attachments 1 and 2 of this RMA. Pursuant to Section D of this RMA, the Administrator shall update Attachment 2 each time there is a Land Use Change. Such update(s) shall be maintained internally by the Administrator and shall not require recordation of an amended RMA.
ITEM 9.6.
ATTACHMENT 2
Exhibit A to the Resolution
IA No. 1 of Arista del Sol CFD No. 2022-1 3 December 3, 2021 “Expected Maximum Special Tax Revenues” means the aggregate Special Tax that can be levied based on application of t he Base Special Tax to the Expe cted Land Uses. The Expected Maximum Special Tax Revenues at CFD Formation are shown in Atta chment 2 and may be revised pursuant to Sections D or H herein. Such update(s) wil l be maintained internally by the Administrator and will not require recordation of an amended RMA.
“Final Map” means a final map, or portion thereof, approved by the City or County pursuant to the Subdivision Map Act (California Government Code Section 664 10 et seq) that creates SFD Lots. The term “Final Map” shall not include any large-lot sub division map, Assessor’s Parcel Map, or subdivision map or por tion thereof, that does not creat e SFD Lots, including Assessor’s Parcels that are designated as remainder parcels.
“Final Map Property” means, in any Fiscal Year, all SFD Lots created within Final M aps that had recorded prior to June 30 of the preceding Fiscal Year and which have not yet become Developed Property.
“First Bond Sale” means issuance of the first series of Bonds secured, in whole or in part, by Special Taxes levied and collected from Parcels in Improvement Area No. 1.
“Fiscal Year” means the period starting July 1 and ending on the following June 30.
“Improvement Area No. 1” means Improvement Area No. 1 of the CFD.
“Improvement Fund” means the account (regardless of its name) identified in the In denture to hold funds that are available for expenditure to acquire or construct Authorized Facilities.
“Indenture” means the bond indenture, fiscal agent agreement, trust agreem ent, resolution or other instrument pursuant to whi ch Bonds are issued, as modified, amended, and/or supplemented from time to time, and any instrument replacing or supplementing the same.
“Land Use Category” means the categories of land use identified in Table 1 in Sect ion C below.
“Land Use Change” means a proposed or approved change to the Expected Land Uses after CFD Formation, including changes to the Lot Category designation for SFD Lots.
“Lot Category” means, individually, Lot Category A, Lot Category B, and Lot Category C.
“Lot Category A” applies to SFD Lots within the portion of Improvement Area No. 1 in which an average lot size of 40’x105’ was anticipated at CFD Formation, as identified in Attachment 1 hereto. Changes to such designation shall be considered a Land Use Change, and the Administrator shall apply Section D herein each time such a Land Use Change occurs.
“Lot Category B” applies to SFD Lots within the portion of Improvement Area No. 1 in which an average lot size of 45’x105’ was anticipated at CFD Formatio n, as identified in Attachment 1.
Changes to such designation shall be considered a Land Use Change, and the Administrator shall apply Section D herein each time such a Land Use Change occurs.
ITEM 9.6.
ATTACHMENT 2
Exhibit A to the Resolution
IA No. 1 of Arista del Sol CFD No. 2022-1 4 December 3, 2021 “Lot Category C” applies to SFD Lots within the portion of Improvement Area No. 1 in which an average lot size of 55’x105’ was anticipated at CFD Formation, as identified in Attachment 1 hereto. Changes to such designation shall be considered a Land Use Change, and the Administrator shall apply Section D herein each time such a Land Use Change occurs.
“Maximum Special Tax” means the greatest amount of Special Tax that can be levied on a Parcel in any Fiscal Year, as determined in accordance with Sections C and D below.
“Other Property” means any Parcel of Developed Property in Improvement Area No. 1 t h a t does not fit within the definition of Single Family Attached Property or Single Family Detached Property.
“Owners Association” means a homeowners association or property owners association t hat provides services to, and collects assessments, fees, dues, or charges from, property within Improvement Area No. 1.
“Owners Association Property” means any property within the boundaries of Improvement Area No. 1 that is owned in fee or by easement by an Owners Ass ociation, not including any such property that is located directly under a residential structure.
“Proportionately” means, for each Development Class, that the ratio of the actual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all parcels assigned to the Development Class.
“Public Property” means any property within the boundaries of Improvement Area No. 1 that is owned by the City, federal government, State of California or other public agency.
“Required Coverage” means the amount by which the Expected Maximum Special Tax Revenues must exceed the Bond debt service and priority Adminis trative Expenses (if any), as set forth in the Indenture, Cer tificate of Special Tax Consulta nt, or other formation or bond document that identifies the minimum required debt service coverage.
“Residential Unit” means an SFD Unit or an individual residential unit within a duplex, halfplex, triplex, fourplex, to wnhome, live/work or condominium structure. A second unit (granny flat) that shares a Parcel with an SFD Unit will not be considered a Residential Unit for purposes of levying the Special Tax.
“RMA” means this Rate and Method of Apportionment of Special Tax.
“SFA Unit” means an individual Residential Unit on a Parcel of Single Fami ly Attached Property.
“SFD Lot” means an individual residential lot, identified and numbered on a recorded Final Map, on which a Building Permit has been or is permitted to be issued for construction of an SFD Unit without further subdivision of the lot and for which n o further subdivision of the lot is anticipated pursuant to an approved Tentative Map.
ITEM 9.6.
ATTACHMENT 2
Exhibit A to the Resolution
IA No. 1 of Arista del Sol CFD No. 2022-1 5 December 3, 2021 “SFD Unit” means a residential unit that does not share a common wall with another residential unit.
“Single Family Attached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a Building Permit was issued for constructio n of a residential structure consisting of two or more Residential Units that share common w alls, have separate Assessor’s Parcel numbers assigned to them (except for a duplex unit, whic h may share a Parcel with another duplex unit), and may be purchased by individual homebu yers (which shall still be the case even if the Residential Units are purchased and subsequent ly offered for rent by the owner), including such residential structures that meet the statutory d efinition of a condominium contained in Civil Code Section 4125.
“Single Family Detached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a Building Permit was issued for construction of an SFD Unit.
“Special Tax” means a special tax levied in any Fiscal Year to pay the Speci al Tax Requirement.
“Special Tax Requirement” means the amount necessary in any Fiscal Year to: (i) pay principal and interest on Bonds that are due in the calendar ye ar that begins in such Fiscal Year; (ii) pay periodic costs on the Bonds, including but not limited to, credit enhancement, liquidity support and rebate payments on the Bonds; (iii) replenish reser ve funds created for the Bonds under the Indenture to the extent such replenishment has not been included in the computation of the Special Tax Requirement in a previous Fiscal Year; (iv) cur e any delinquencies in the payment of principal or interest on Bonds which have occurred i n the prior Fiscal Year or, based on prior delinquencies, are expected to occur in the current Fi scal Year; (v) pay Administrative Expenses; and (vi) pay directly for Authorized Facilities, so long as such levy under this clause (vi) does not increase the Special Tax levied on Final Map Prop erty or Undeveloped Property.
The amounts referred to in clauses (i) and (ii) of the definiti on of Special Tax Requirement may be reduced in any Fiscal Year by: (a) interest earnings on or s urplus balances in funds and accounts for the Bonds to the extent that such earnings or bala nces are available to apply against such costs pursuant to the Indenture; (b) in the sole and absolute discretion of the City, proceeds received by the CFD from the collection of penalties associated with delinquent Special Taxes; and (c) any other revenues available to pay such costs, each as determined in the sole discretion of the City.
“Taxable Owners Association Property” means, in any Fiscal Year after the First Bond Sale, any Parcel of Owners Association Property that satisfies all th ree of the following conditions: (i) the Parcel had not been Owners Association Property on the date o f t h e F i r s t B o n d S a l e , ( i i ) based on reference to Attachments 1 and 2 (as may be updated pu rsuant to Section D below), the Parcel was not anticipated to be Owners Association Property as determined by the Administrator, and (iii) if the Parcel were to be exempt from t he Special Tax because it is Owners Association Property, the Expected Maximum Special Tax R evenues would be reduced to a point at which Required Coverage could not be maintained.
“Taxable Property” means all of the Parcels within the boundaries of Improvement Area No. 1 that are not exempt from the Special Tax pursuant to law or Section G below.
ITEM 9.6.
ATTACHMENT 2
Exhibit A to the Resolution
IA No. 1 of Arista del Sol CFD No. 2022-1 6 December 3, 2021 “Taxable Public Property ” means in any Fiscal Year after the First Bond Sale, any Parce l of Public Property that satisfies all three of the following condi tions: (i) the Parcel had not been Public Property on the date of the First Bond Sale, (ii) based on reference to Attachments 1 and 2 (as may be updated pursuant to Section D below), the Parcel was no t a ntic ipated to be Public Property as determined by the Administrator, and (iii) if the Parcel were to be exempt from the Special Tax because it is Public Property, the Expected Maximum Special Tax Revenues would be reduced to a point at which Required Coverage could not be maintained.
“Taxable Welfare Exemption Property ” means in any Fiscal Year after the First Bond Sale, any Parcel of Welfare Exemption Property that satisfies all three of the following conditions: (i) the Parcel had not been Welfare Exemption Property on the date of issuance of the First Bond Sale; (ii) based on reference to Attachments 1 and 2 (as may be updated pursuant to Section D herein), the Parcel was not anticipated to be Welfare Exemption Property based on the Expected Land Uses, as determined by the Administrator; and (iii) if the Parcel were to be exempt from the Special Tax because it has become Welfare Exemption Property, t he Expected Maximum Special Tax Revenues would be reduced to a point at which Requi red Coverage could not be maintained.
“Tentative Map” means a tentative map or substant ial conformance exhibit for pr operty in Improvement Area No. 1, including any adjustments or amendments thereto.
“Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property that are not Final Map Property, Developed Pr operty, Taxable Owners Association Property, Taxable Public Property, or Taxable Welfare Exemption Property.
“Welfare Exemption Property ” means, in any Fiscal Year, any Parcels in the CFD that have received a welfare exemption under subdivision (g) of Section 2 14 of the Revenue and Taxation Code and for which such welfare exemption is still in place.
B. DATA FOR ADMINISTRATION OF THE SPECIAL TAX
Each Fiscal Year, the Administ rator shall: (i) assign each Parc el of Taxable Property to the appropriate Development Class, (ii) for Developed Property, cat egorize each Parcel as Single Family Detached Property, Single Family Attached Property, or O ther Property; (iii) for Single Family Detached Property, determine the Lot Category for each S FD Lot; (iv) for Single Family Attached Property, determine the number of SFA Units on each Pa rcel; (v) for Other Property, determine the Acreage of each Parcel; and (vi) determine the Sp ecial Tax Requirement for the Fiscal Year. In addition, the Ad ministrator shall, on an ongoi ng basis, monitor the Tentative Map, Final Maps, and Building Permits to determine if there are any proposed Land Use Changes that would change the Expected Maximum Special Tax Reve nues. If the Expected Maximum Special Tax Revenues will be revised pursuant to a prop osed Land Use Change, the Administrator shall apply the steps set forth in Section D below.
In any Fiscal Year, if it is determined that: (i) a parcel map for property in Improvement Area No. 1 was recorded after January 1 of the prior Fiscal Year (or any other date after which the Assessor will not incorporate the newly-created Parcels into th e then current tax roll), (ii) because of the date the parcel map was recorded, the Assessor does not yet recognize the new ITEM 9.6.
ATTACHMENT 2
Exhibit A to the Resolution
IA No. 1 of Arista del Sol CFD No. 2022-1 7 December 3, 2021 Parcels created by the parcel map, and (iii) one or more of the newly-created Parcels is in a different Development Class and/or Land Use Category than other Parcels created by the subdivision, the Administrator sha ll calculate the Special Taxe s for the property affected by recordation of the parcel map by determining the Special Taxes that apply separately to the property within each Development Class and/or Land Use Category , then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the parcel map.
C. MAXIMUM SPECIAL TAX
1. Developed Property and Final Map Property
The Maximum Special Tax for a Parcel of Developed Property or F inal Map Property is the greater of (i) the Base Special Tax set forth in Table 1 below, or, (ii) the Maximum Special Tax determined pursuant to Section D.
Table 1
Base Special Tax
Developed Property and Final Map Property
Land Use
Base Special Tax
Fiscal Year 2021-22 *
Single Family
Detached Property
Lot Category A
Lot Category B
Lot Category C
$1,752 per Residential Unit or SFD Lot
$2,528 per Residential Unit or SFD Lot
$3,264 per Residential Unit or SFD Lot
Single Family
Attached Property $1,752 per Residential Unit
Other Property $25,401 per Acre
* On July 1, 2022, and on each July 1 thereafter, all figures s hown in Table 1 above shall be increased by an amount equal to 2.0% of the amount in effect for the prior Fiscal Year.
2. Undeveloped Property, Taxable Owners Associa tion Property, Taxable Public Property, and Taxable Welfare Exemption Property
The Maximum Special Tax for Undeveloped Property, Taxable Owner s Association Property, Taxable Public Property, and Taxable Welfare Exemption Property is $25,401 per Acre for Fiscal Year 2021-22, which amount shall increase on July 1, 202 2 and each July 1 thereafter by an amount equal to 2.0% of the amount in effect for the prior Fiscal Year.
ITEM 9.6.
ATTACHMENT 2
Exhibit A to the Resolution
IA No. 1 of Arista del Sol CFD No. 2022-1 8 December 3, 2021 D. CHANGES TO THE MAXIMUM SPECIAL TAX
1. Land Use Changes
The Expected Maximum Special Tax Revenues shown in Attachment 2 were originally calculated based on the Expected Land Uses at CFD Formation. A ttachment 2 is subject to modification upon the occurrence of Land Use Changes, as descri bed below. The Administrator shall review all Land Use Changes and compare the revised land uses to the Expected Land Uses to evaluate the impact on the Expected Maximum Special Tax Revenues.
Prior to the First Bond Sale, if a Land Use Change is proposed or identified that will resu lt in a change in the Expected Maximum Special Tax Revenues, no action will be needed pursuant to this Section D. Upon approval of the Land Use Change, the Admi nistrator shall update Attachment 2 to show the revised Expected Maximum Special Tax Revenues.
After the First Bond Sale, if a Land Use Change is proposed or identified, Steps 1 through 3 must be applied:
Step 1: By reference to Attachment 2 (which shall be updated by the Ad ministrator each time a Land Use Change has been processed according to this Section D or a prepayment has been made), the Administrator shall identif y the Expected Maximum Special Tax Revenues prior to the Land Use Change.
Step 2: The Administrator shall calcula te the Expected Maximum Special T a x Revenues that could be collected from Taxable Property in Improvement Area No. 1 after the Land Use Change based on application of the Bas e Special Taxes from Table 1.
Step 3: If the revenues calculated in Step 2 are (i) higher than those determined in Step 1 or (ii) less than those calculated in Step 1, but the re duction in Expected Maximum Special Tax Revenues does not reduce debt serv ice coverage on outstanding Bonds below Required Coverage, no further action is needed, and the Administrator shall update Attachment 2 to show the revised Expected Maximum Special Tax Revenues.
If the revenues calculated in Step 2 are less than those calculated in Step 1, and the Administrator determines that the reduction in Expected Max imum Special Tax Revenues would reduce debt s ervice coverage on outstanding Bonds below the Required Coverage, one of the following shall occur:
3.a. The landowner requesting the Land Use Change (the “Requesting Landowner”) may make a prepayment in an amount that will ensure that the reduced Expected Maximum Special Tax Revenues are sufficient to provide Required Coverage, as determined pursuant to Section H below. If the Requesting Landowner notifies the Administrator that he/she wou ld like to remedy the reduction by making a prepayment, such prepayment must be made by the earlier of (i) 30 days from the date of delivery of the prepayment ITEM 9.6.
ATTACHMENT 2
Exhibit A to the Resolution
IA No. 1 of Arista del Sol CFD No. 2022-1 9 December 3, 2021 estimate or (ii) the date of i ssuance of any Building Permits f or any Parcel owned by the Requesting Landowner that was Final Map Property o r Undeveloped Property at the time the Administrator prepared the prepayment estimate, or
3.b. If a prepayment is not received by the due date specified above , the Base Special Tax used to determine the Maximum Special Tax for each Parcel of Taxable Property in the area affected by the Land Use Change sh all be increased proportionately until th e Expected Maximum Special Ta x Revenues are sufficient to maintain Required Coverage.
Pursuant to this Section D.3, the Administrator may from time t o time update Attachment 2 to reflect revised Expected Maximum Special Tax Revenues. Such update shall be maintained internally by the Administrator and shall not require recordation of an amended RMA.
If multiple Land Use Changes are proposed simultaneously by a single landowner (which may include approval of multiple Final Maps at one time), and the landowner requests that the impact of two or more of the Land Use Changes be considered together, the Administrator shall consider the combined effect of the Land Use Changes to determine if there is a reduction in Expected Maximum Special Tax Revenues. If there is a reduction that would reduce debt service coverage below the Required Coverage, and no prepayment has been received, then the Base Special Tax used to determine the Maximum Special Tax for each Parcel of Ta xable Property in the areas affected by the Land Use Changes shall be increased proportiona tely until the aggregate amount that can be levied within such areas is equal to the amount tha t could have been levied prior to the proposed Land Use Changes. If Land Use Changes are propose d simultaneously by multiple landowners, or if an individual landowner proposing multiple La nd Use Changes does not request that such Land Use Changes be considered together, the Administrator shall consider the proposed Land Use Changes individually.
Notwithstanding the foregoing, once a certificate of occupancy has been issued for a Residential Unit on a Parcel, the Maximum Sp ecial Tax for the Parcel cannot be increased because of subsequent Land Use Changes that may occur within the area in which the Parcel is located.
The duties imposed on the Administrator pursuant to this Sectio n D to review Land Use Changes, and to review Final Maps and make certain calculations, are intended only to facilitate the administration of the Special Tax and to better assure the sufficiency of tax capacity to pay debt service on Bonds. Such duties are not intended to give an y developer, subdivider, or owner of property the right to receive notice of the potential impact of Land Use Changes on the Special Tax applicable to a Parcel; and each developer, subdivi der, or owner of property whose property is the subject of a Land Use Change shall be responsib le for understanding the impact thereof on the Special Tax applicable to such property.
2. Partial Prepayments
If an owner of a Parcel makes a prepayment pursuant to Section H below, the Administrator shall recalculate the Maximum Special Tax for the Parcel pursuant to Section H.2. In addition, the Administrator shall update Attachment 2 to reflect the prepayme n t a n d t h e r e v i s e d E x p e c t e d Maximum Special Tax Revenues for Improvement Area No. 1. After the prepayment has been ITEM 9.6.
ATTACHMENT 2
Exhibit A to the Resolution
IA No. 1 of Arista del Sol CFD No. 2022-1 10 December 3, 2021 received, the application of Sec tions D and H of this RMA shall be based on the adjusted Expected Maximum Special Tax Revenues after the prepayment.
3. Conversion of a Parcel of P ublic Property to Private Use
If, in any Fiscal Year, a Parcel of Public Property is converted to private use, such Parcel shall be subject to the levy of the Special Tax. The Maximum Special Ta x for each such Parcel shall be determined based on the applicable Base Special Tax for the Par cel, as determined by the Administrator. In addition, the Administrator shall update Attachment 2 to reflect the conversion and the revised Expected Maximum Special Tax Revenues for Improvement Area No. 1.
E. METHOD OF LEVY OF THE SPECIAL TAX
Each Fiscal Year, the Administrator shall determine the Special Tax Requirement to be collected in that Fiscal Year. A Special Tax shall then be levied according to the following steps:
Step 1: The Special Tax shall be levied Proportionately on each Parcel of Developed Property up to 100% of the Maximum Special Tax for each Parcel of Developed Property until the amount levied is equal to the Special Tax Re quirement prior to applying any Capitalized Interest that is available in the CFD accounts.
Step 2: If additional revenue is needed after Step 1 in order to meet t h e S p e c i a l T a x Requirement after Capitalized Interest has been applied to redu ce the Special Tax Requirement, the Special Tax shall be levied Proportionately on each Parcel of Final Map Property up to 100% of the Maximum Special Tax for each Parcel of Final Map Property until the amount levied is equal to the Spec ial Tax Requirement.
Step 3: If additional revenue is needed after Step 2, the Special Tax s hall be levied Proportionately on each Parcel of Undeveloped Property up to 10 0% of the Maximum Special Tax for each Parcel of Undeveloped Property unt il the amount levied is equal to the Special Tax Requirement.
Step 4: If additional revenue is needed after Step 3, the Special Tax s hall be levied Proportionately on each Parcel of Taxable Welfare Exemption Pro perty, up to 100% of the Maximum Special Tax f or each Parcel of Taxable Welf are Exemption Property for such Fiscal Year until the amount levied is equal to the Special Tax Requirement.
Step 5: If additional revenue is needed after Step 4, the Special Tax s hall be levied Proportionately on each Parcel of Taxable Owners Association Pr operty, up to 100% of the Maximum Special Tax f or each Parcel of Taxable Owne rs Association Property until the amount levied is equal to the Special Tax Requirement.
Step 6: If additional revenue is needed after Step 5, the Special Tax s hall be levied Proportionately on each Parcel of Taxable Public Property, up t o 100% of the ITEM 9.6.
ATTACHMENT 2
Exhibit A to the Resolution
IA No. 1 of Arista del Sol CFD No. 2022-1 11 December 3, 2021 Maximum Special Tax for each Parcel of Taxable Public Property until the amount levied is equal to the Special Tax Requirement.
F. MANNER OF COLLECTION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at th e same time as ordinary ad valorem property taxes, provided, however, that prepayments are permitted as set forth in Section H below and provided further that the City may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner, and may collect delinquent Special Taxes through foreclosure or other available methods.
The Special Tax shall be levied and collected until principal a nd interest on Bonds have been repaid. However, in no event shall Special Taxes be levied afte r Fiscal Year 2062-63. Under no circumstances may the Special Tax on a Parcel of Developed Prop erty in residential use be increased in any Fiscal Year as a consequence of delinquency or default in payment of the Special Tax levied on another Parcel or Parcels by more than te n percent (10%) above the amount that would have been levied in that Fiscal Year had ther e never been any such delinquencies or defaults.
G. EXEMPTIONS
Notwithstanding any other provis ion of this RMA, no Special Tax shall be levied in any Fiscal Year on the following:
(1) Public Property, except Taxable Public Property.
(2) Owners Association Property, except Taxable Owners Association Property.
(3) Welfare Exemption Property, except Taxable Welfare Exemption Property.
(4) Parcels that are owned by a public utility for an unmanned facility.
(5) Parcels that are subject to an easement that precludes any other use on the Parcel.
(6) Parcels that have fully prepaid the Special Tax obligation assi gned to the Parcel pursuant to the formula set forth in Section H below.
H. PREPAYMENTS
The following definitions apply to this Section H:
“Outstanding Bonds” means all Previously Issued Bonds which remain outstanding, with the following exception: if a Special Tax has been levied against, or already paid by, an Assessor’s Parcel making a prepayment, and a portion of the Special Tax will be used to pay a portion of the next principal payment on the Bonds tha t remain outstanding (as determined by the Administrator), that next principal payment s hall be subtracted from ITEM 9.6.
ATTACHMENT 2
Exhibit A to the Resolution
IA No. 1 of Arista del Sol CFD No. 2022-1 12 December 3, 2021 the total Bond principal that rem ains outstanding, and the diff erence shall be used as the amount of Outstanding Bonds for purposes of this prepayment formula.
“Previously Issued Bonds” means all Bonds that have been issued prior to the date of prepayment.
“Public Facilities Requirement” means either $15.4 million in 2022 dollars, which shall increase on January 1, 2023, and on each January 1 thereafter b y 2% of the amount in effect in the prior year or such other number as shall be deter mined by the City as sufficient to fund improvements t hat are authorized to be funde d by Improvement Area No. 1. The Public Facilities Requirement shown above may be ad justed each time property annexes into Improvement Area No. 1 or there is an adj ustment to the Expected Maximum Special Tax Revenues due to a Land Use Change.
“Remaining Facilities Costs” means the Public Facilities Requirement minus public facility costs funded by Previously Issued Bonds, developer equ ity and any other source of funding.
1. Full Prepayment
The Special Tax obligation applicable to a Parcel in Improvemen t Area No. 1 may be prepaid and the obligation of the Parcel to pay the Special Tax permanently satisfied as described herein, provided that a prepayment may be made only if there are no del inquent Special Taxes with respect to such Parcel at the time of prepayment. An owner of a Parcel intending to prepay the Special Tax obligation shall provide the City with written noti ce of intent to prepay. Within 30 days of receipt of such written notice, the City or its designe e shall notify such owner of the prepayment amount for such Parcel. Prepayment must be made not less than 75 days prior to any redemption date for Bonds to be redeemed with the proceeds of such prepaid Special Taxes.
The Prepayment Amount shall be calculated as follows: (capitalized terms as defined below):
Bond Redemption Amount
plus Remaining Facilities Amount
plus Redemption Premium
plus Defeasance Requirement
plus Administrative Fees and Expenses
less Reserve Fund Credit
equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount shall be determined by application of the following steps:
Step 1. Identify the Maximum Special Tax for the Parcel prepaying the Special Tax in the Fiscal Year in which prepayment would be received by the City. If this Section H is being applied to calculate a prepay ment pursuant to Section D above, compute the amount by which the proposed La nd Use Change would reduce Expected Maximum Special Tax Revenues below the amount needed for Required Coverage, and use this amount fo r purposes of this Step 1.
ITEM 9.6.
ATTACHMENT 2
Exhibit A to the Resolution
IA No. 1 of Arista del Sol CFD No. 2022-1 13 December 3, 2021
Step 2. Divide the Maximum Special Tax computed pursuant to Step 1 for such Parcel by the total Expected Maximum Special Tax Revenues for a ll property in Improvement Area No. 1, as shown in Attachment 2.
Step 3. Multiply the quotient computed pursuant to Step 2 by the Outst anding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the “Bond Redemption Amount”).
Step 4. Compute the current Remaini ng Facilities Costs (if any).
Step 5. Multiply the quotient computed pursuant to Step 2 by the amoun t determined pursuant to Step 4 to compute the amount of Remainin g Facilities Costs to be prepaid (the “Remaining Facilities Amount”).
Step 6. Multiply the Bond Redemption Amount computed pursuant to Step 3 by the applicable redemption premium, if any, on the Outstanding B onds to be redeemed (the “Redemption Premium”).
Step 7. Compute the amount needed to pay interest on the Bond Redempti on Amount starting with the first Bond interest payment date after which the prepayment will be received until the earliest redemption date for the Outstanding Bonds. However, if Bonds are callable at the first interest payment date after the prepayment has been received, Steps 7, 8 and 9 of this prepayment formula will not apply.
Step 8: Compute the amount of interest t he City reasonably expects to derive from reinvestment of the Bond Redemption Amount plus the Redemption Premium from the first Bond interest payment date after which t he prepayment has been received until the redemption date for the Outstanding Bonds.
Step 9: Subtract the amount computed pursuant to Step 8 from the amoun t computed pursuant to Step 7 (the “Defeasance Requirement”).
Step 10. The administrative fees and expenses associated with the prepa yment will be determined by the Administrator and include the costs of computing the prepayment, redeeming Bonds and recording any notices to eviden ce the prepayment and the redemption (the “ Administrative Fees and Expenses”).
Step 11. If and to the extent so provide d in the Indenture, a reserve fund credit shall be calculated as a reduction in the applicable reserve fund for the Outstanding Bonds to be redeemed pursuant to the prepayment (th e “Reserve Fund Credit”).
ITEM 9.6.
ATTACHMENT 2
Exhibit A to the Resolution
IA No. 1 of Arista del Sol CFD No. 2022-1 14 December 3, 2021 Step 12. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to Steps 3, 5, 6, 9, and 10, less the amount computed pursuant to Step 11 (the “Prepayment Amount”).
Step 13. From the Prepayment Amount, the amounts computed pursuant to S teps 3, 6, and 9 shall be deposited into the appropriate fund as establ ished under the Indenture and be used to retire Outstanding Bonds or make d ebt service payments. The amount computed pursuant to Step 5 shall b e deposited into the Improvement Fund. The amount computed pursu ant to Step 10 shall be retained in the account or fund that is establ ished to pay Administrative Expenses.
Once a full prepayment of a Parcel’s Special Tax obligation has been received, a Notice of Cancellation of Special Tax Lien shall be recorded against the Parcel to reflect the discharge of the Parcel’s obligation to pay the Special Tax. However, a Notice of Cancellation of Special Tax Lien shall not be recorded until all Special Taxes levied on th e Parcel in the current or prior Fiscal Years have been collected. The Administrator shall also update Attachment 2 to reflect the prepayment.
2. Partial Prepayment
A partial prepayment may be made in an amount equal to any perc entage of full prepayment desired by the party making a partial prepayment, except that the full amount of Administrative Fees and Expenses determined in Step 10 shall be included in the partial prepayment. The Maximum Special Tax that can be levied on a Parcel after a part ial prepayment is made shall be equal to the portion of the Maximum Special Tax that was not prepaid, subject to 2% annual increases each July 1. Once a partial prepayment has been received, an Amended Notice of Special Tax Lien shall be recorded against the Parcel to reflec t the reduced Special Tax lien for the Parcel, and the Administrator shall update Attachment 2 to s h o w t h e r e v i s e d E x p e c t e d Maximum Special Tax Revenues. However, an Amended Notice of Sp ecial Tax Lien shall not be recorded until all Special Taxes levied on the Parcel in the current or prior Fiscal Years have been collected.
3. Maintaining Required Coverage
Notwithstanding the foregoing, if at any point in time the Admi nistrator determines that the Maximum Special Tax revenue that could be collected from Taxabl e Property that remains subject to the Special Tax after the proposed prepayment would be less than the Required Coverage on Bonds that will remain outstanding after defeasance or redemption of Bonds from proceeds of the estimated prepayment, the amount of the prepaym ent shall be increased until the amount of Bonds defeased or redeemed is sufficient to reduce re maining annual debt service to a point at which Required Coverage is maintained.
I. INTERPRETATION OF RMA
Interpretations may be made by Resolution of the City Council to interpret, clarify, and/or revise this RMA to correct any inconsistency, vagueness, or ambiguity as it relates to the Special Tax, ITEM 9.6.
ATTACHMENT 2
Exhibit A to the Resolution
IA No. 1 of Arista del Sol CFD No. 2022-1 15 December 3, 2021 method of apportionment, classifi cation of properties, or any d efinition applicable to Improvement Area No. 1 of the CFD, as long as such correction d oes not materially affect the levy and collection of Special Taxes. The City, upon the reque st of an owner of land within Improvement Area No. 1 which is not Developed Property, may als o amend this RMA in any manner acceptable to the City, by resolution or ordinance follo wing a public hearing, upon the affirmative vote of such owner to such amendment and without th e vote of owners of any other land within Improvement Area No. 1, provided such amendment only affects such owner's land.
Under no circumstances may such revisions to the RMA decrease t he Expected Maximum Special Tax Revenues to a level that will reduce debt service c overage below the Required Coverage.
ITEM 9.6.
ATTACHMENT 2
Exhibit A to the Resolution
ATTACHMENT 1
Improvement Area No. 1 of the
City of Rancho Cordova
Arista del Sol
Community Facilities District No. 2022-1
Arista del Sol
Expected Layout and Lot Category Assignment for
Lots in Improvement Area No. 1
ITEM 9.6.
ATTACHMENT 2
Exhibit A to the Resolution
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-BTel 916.341.7760
Fax 916.341.7767 Sacramento, CA 95816
ITEM 9.6.
ATTACHMENT 2
Exhibit A to the Resolution
ATTACHMENT 2
Improvement Area No. 1 of the
City of Rancho Cordova
Arista del Sol
Community Facilities District No. 2022-1
Expected Land Uses and Expected Maximum Special Tax Revenues in Improvement Area No. 1
Land Use
Expected
Land Uses
Base Special Tax
(FY 2021-22) *
Expected
Maximum Special
Tax Revenues
(FY 2021-22) *
Single Family Detached Property
Lot Category A
Lot Category B
Lot Category C
92 Residential Units
184 Residential Units
90 Residential Units
$1,752 per Residential Unit
$2,528 per Residential Unit
$3,264 per Residential Unit
$161,184
$465,152
$293,760
Single Family Attached Property 0 Residential Units $1,752 per Residential Unit $0 Other Property 0 Acres $25,401 per Acre $0
Expected Maximum Special Tax Revenues (FY 2021-22 $) $920,096
* On July 1, 2022, and each July 1 thereafter, all dollar amoun ts shown above shall be increased by 2% of the amount in effect in the prior Fiscal Year.
ITEM 9.6.
ATTACHMENT 2
Exhibit A to the Resolution
ITEM 9.6. ATTACHMENT 3 Exhibit B to the Resolution
LIST OF AUTHORIZED FACILITIES
FOR THE COMMUNITY FACILITIES DISTRICT
The Facilities and Services shown below are to be finance by the City of Rancho Cordova Arista Del Sol Community Facilities District No. 2022-1 (the, “CFD”).
Facilities
The Facilities which are proposed to be financed with the proceeds of the sales of bonds of the proposed CFD, or the payment of the fees to the appropriate jurisdiction with respect to such facilities proposed to be financed with the proceeds of the sale of bonds of the proposed CFD, are generally described as follows:
P-1 Park Improvements
R-1 Chrysanthy Blvd Improvements
R-2 Americanos Blvd Improvements
R-3 In-tract Improvements for development within the CFD Impact, Development Agreement and Specific Plan Fees for Facilities I-1 Transportation Impact Fee
I-2 Sunrise Douglas Community Plan Roadway Impact Fee
I-3 City Supplemental Transportation Fee
I-4 Park Renovation Fee
I-5 Sunrise Douglas Park Fee
I-6 Sacramento County Water Agency Zone 40 Water Fee
Other
O-1 Any other facilities serving substantially the same purpose as the above described facilities.
O-2 Any other facilities permitted under the Mello-Roos Community Facilities Act of 1982, including the facilities described in Section 53313.5 of the California Government Code, as amended from time to time, provided that such facilities satisfy at least one of the following criteria: 1) augment, improve or expand existing District facilities that are primarily for the benefit of the District, or 2) repair or rehabilitate existing District facilities.
The foregoing description of the type of Facilities eligible to be financed is general in nature and includes any appurtenant work and incidental expenses related to the Facilities. The final nature
ITEM 9.6. ATTACHMENT 3 Exhibit B to the Resolution
and location of the facilities will be determined upon the preparation of final plans and specifications for such facilities.
Incidentals
The bond related expenses authorized include the City, underwriters discount, financial advisor, appraisals, reserve fund balance, capitalized interest, bond counsel, disclosure counsel, special tax consultant, bond and official statement printing and all other incidental expenses.
CFD formation costs and administrative fees include those of the City, the CFD, the bond trustee or fiscal agent, legal counsel, the special tax consultant and other costs related to the CFD or the Bonds.
ITEM 9.6. ATTACHMENT 4 Exhibit C to the Resolution
1 CITY OF RANCHO CORDOVA NOTICE OF PUBLIC HEARING
NOTICE is hereby given that on Tuesday, February 22, 2022, at 5:30 p.m., or as soon thereafter as the matter may be heard, the City Council of the City of Rancho Cordova will hold a Public Hearing at Arista Del Solo Cordova City Hall, located at 2729 Prospect Park Drive, Rancho Cordova, to consider the following:
PROPOSED “ARISTA DEL SOL COMMUNITY FACILITIES DISTRICT NO. 2022-1” The purpose of this public hearing is: The City of Rancho Cordova is considering the formation of a community facilities district (the "CFD") under the authority of the Mello- Roos Community Facilities District Act of 1982, as amended, to fund certain public facilities related to new development within the City of Rancho Cordova.
This Notice contains a brief summary of the proposal, but you are referred to the City Council's resolution “A Resolution of Intention of the City Council to Form a Community Facilities District and Levy a Special Tax in City of Rancho Cordova Arista Del Sol Community Facilities District No. 2022-1 to Finance the Acquisition and Construction of Certain Public Facilities in and for such Community Facilities District” adopted December 20, 2021 and its resolution “A Resolution of the City Council Declaring its Intention to Incur a Bonded Indebtedness to Finance the Acquisition and Construction of Certain Public Facilities in and for City of Rancho Cordova Arista Del Sol Community Facilities District No. 2022-1” adopted December 20, 2021 for the definitive description of the proposal.
The proposal is to subject the property within the CFD to a special tax which will be used to pay for facilities of benefit to land within the CFD, including paying principal and interest on bonds used to build facilities, and will expire when the bonds are retired and all eligible facilities are financed. The proceeds of the bonds will be used to pay for the facilities and other expenses set forth in the resolutions referred to in the preceding paragraph. A map showing the land proposed to be included in the CFD is on file with the City Clerk.
As set forth above, the City Council will hold a public hearing on the establishment of the CFD, the facilities to be financed by the CFD, and the levy of the special tax within the CFD.
The proposal also includes authority to issue up to $50,000,000 in bonds to be repaid by the special tax. Neither the City of Rancho Cordova nor any person outside the CFD has any liability for the special tax or the bonds. The security for the bonds is limited to the property subject to the special tax within the CFD.
In order to confer the authority upon Arista Del Solo Cordova City Council to levy the special tax and to issue the bonds, a public hearing must be held on the proposal, then the City Council will decide whether to form the CFD, and finally the qualified electors within the CFD must approve the proposal by a two-thirds vote. Where the CFD is uninhabited (as is the case here) the qualified electors are, pursuant to law, the owners of property within the CFD.
At the hearing, the testimony of all interested persons or potential special taxpayers for or against the formation of the proposed community facilities district, the authorization to levy the special tax, and the authorization to issue the bonds will be heard. If written protests against the proposed CFD are delivered to the City Clerk at or before the time set for the hearing by either registered voters residing within, or the owners of property within, the proposed CFD, they will be counted
ITEM 9.6. ATTACHMENT 4 Exhibit C to the Resolution
2 toward a possible majority protest. Such protests by a majority of the registered voters residing within the CFD or by the owners of a majority of the land area within CFD which is or will be subject to the special tax, if not withdrawn prior to the close of the hearing so as to reduce the value of the protests to less than a majority, will require the proposed CFD to be eliminated from immediate consideration, and prevent its being included in a subsequent proceedings for at least one year.
If the City Council, after the public hearing, determines that a majority protest under Section 53324 of the California Government Code was not made at the hearing, the City Council may conduct an election by mailed ballot to levy a special tax and incur bonded indebtedness.
The City of Rancho Cordova encourages interested parties to attend public meetings and comment on the issues being discussed. If you wish to provide testimony and are unable to attend the meeting, written comments that are delivered to the City Clerk’s office prior to the time of the hearing will be made a part of the public record. Questions regarding this matter should be directed to the City of Rancho Cordova Finance Department at (916) 851-8700. _________________________________________________________
NOTICE REGARDING CHALLENGES TO DECISIONS
Pursuant to all 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 (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, this public hearing.
ADA COMPLIANCE STATEMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Department at (916) 851-8720.
Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Printed in the Grapevine Independent on ___________, 2022
ITEM 9.6. ATTACHMENT 5 Resolution No. XX-2022 Page 1 of 3 Page __ of __
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE
OF CALIFORNIA, DECLARING ITS INTENTION TO INCUR A BONDED INDEBTEDNESS TO
FINANCE THE ACQUISITION AND CONSTRUCTION OF CERTAIN PUBLIC FACILITIES IN
AND FOR CITY OF RANCHO CORDOVA
ARISTA DEL SOL CFD COMMUNITY FACILITIES DISTRICT NO. 2022-1 WHEREAS, the City Council (the “City Council”) of the City of Rancho Cordova (the “City”) has duly adopted Resolution No. ____-2022 (the “Resolution of Intention”) on October 18, 2022, wherein it declared its intention to establish a community facilities district under and pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”), to be known and designated as the “City of Rancho Cordova Arista del Sol CFD Community Facilities District No. 2022-1” (the “CFD”) , designate therein ”Improvement Area No. 1 of the City of Rancho Cordova Arista del Sol CFD Community Facilities District No. 2022- 1” (“Improvement Area No. 1”), and form a future annexation area for the CFD (the “Future Annexation Area”), and to levy a special tax therein to finance the acquisition and construction of certain public facilities (collectively the “Facilities”) listed in Exhibit B to the Resolution of Intention and incorporated therein and made a part hereof; and WHEREAS, in order to finance the costs of the Facilities it is necessary to incur bonded indebtedness in the amount of not to exceed $50,000,000 on behalf of the CFD and a bonded indebtedness limit for Improvement Area No. 1; and
WHEREAS, the City Council is fully advised in this matter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, AS FOLLOWS:
1. The above recitals are true and correct, and the City Council so finds and determines.
2. The City Council hereby declares that the public convenience and necessity require that a bonded indebtedness in the principal amount of not to exceed $50,000,000 be incurred in one or more series to finance the acquisition and construction of the Facilities, which amount includes all costs and estimated costs incidental to, or connected with, the accomplishment of the purpose for which such bonded indebtedness is proposed to be incurred (the “Authorization”), initially allocated as follows: (i) for Improvement Area No. 1, the bonded indebtedness limit is $25,000,000 and (ii) for land within the Future Annexation Area (the “Future Improvement Area, the bonded indebtedness limit is not to exceed $25,000,000 (the “Future Improvement Area Indebtedness Limit”). Indebtedness subject to this limit shall only include indebtedness evidenced by bonds or notes and shall not include bonds described in Section 53364.2(e) of the Act.
ITEM 9.6. ATTACHMENT 5 Resolution No. XX-2022 Page 2 of 3 Page __ of __
Upon designation of a parcel or parcels annexed into the CFD from the Future Annexation Area as a Future Improvement Area, the Unanimous Consent shall include an authorization to incur bonded indebtedness for such Future Improvement Area in a maximum amount which does not exceed the Future Improvement Area Indebtedness Limit, net of the amount or amounts of the Future Improvement Area Indebtedness Limit previously established in connection with a prior annexation from the Future Annexation Area, which limit shall be set forth in a Unanimous Consent. Such allocation may be made without any requirement for further public hearings, Council action or other additional proceedings, and the Authority shall include the Unanimous Consent in the records for the CFD.
3. This Council, acting as legislative body for the CFD, intends to authorize the issuance and sale of bonds and other debt in one or more series in the maximum aggregate principal amount of not to exceed the sum of the Improvement Area No. 1 bonded indebtedness limit bearing interest payable semi-annually or in such other manner as this Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds and other debt, and maturing not to exceed 40 years from the date of the issuance of each series of the bonds and other debt.
This Council, acting as legislative body for the CFD, intends to authorize the issuance and sale of bonds and other debt in one or more series in the maximum aggregate principal amount with respect to the Future Improvement Areas to be determined at the time of annexation (not to exceed the Future Improvement Area Indebtedness Limit in the aggregate), bearing interest payable semi-annually or in such other manner as this Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of each series of bonds and other debt, and maturing not to exceed 40 years from the date of the issuance of the respective series of bonds and other debt.
4. Notice is given that Tuesday, February 22, 2022, at the hour of 5:30 P.M., at the regular meeting place of the City Council, City Council Chambers, Rancho Cordova City Hall, 2729 Prospect Park Drive, Rancho Cordova, California 95670, has been fixed by the City Council as the time and place for a public hearing to be held by the City Council to consider the incurring of such bonded indebtedness to finance the acquisition and construction of the Facilities in and for the CFD. At the hearing, testimony concerning the incurring of such bonded indebtedness secured by a special tax to be levied within the CFD to finance the acquisition and construction of the Facilities will be heard and protests will be considered from registered voters residing within the CFD and persons owning real property within the CFD. Written protests by the owners of a majority of the land which would be subject to special taxation within the proposed the CFD will require the suspension of proceedings for at least one year. Written protests must be filed with the City Clerk at or before the time fixed for the hearing.
5. The City Clerk is hereby directed to cause notice of the public hearing to be given in the form required by the Act, which requires publication in a newspaper of general circulation circulated within the CFD, which such publication shall be made pursuant to Section 6061 of the Government Code of the State of California. The publication shall be completed at least 7 days before the date of the public hearing referenced above.
ITEM 9.6. ATTACHMENT 5 Resolution No. XX-2022 Page 3 of 3 Page __ of __
The notice shall be substantially in the form specified in Section 53346 of the Act and attached hereto, with the form summarizing the provisions hereof hereby specifically approved.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova this 3rd day of January 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Donald Terry, Mayor
ATTEST:
Stacy Leitner, CMC
City Clerk
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-BTel 916.341.7760
Fax 916.341.7767 Sacramento, CA 95816
ITEM 9.6.
ATTACHMENT 6
MEMORANDUM
City Council Staff Report - Page 1 of 3
ITEM 9.7.
DATE: January 3, 2022
TO: Honorable Mayor and Council Members
FROM: Adam Lindgren, City Attorney
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CORDOVA AND ON BEHALF OF COMMISSIONS AND COMMITTEES
CREATED BY THE CITY COUNCIL PURSUANT TO GOVERNMENT
CODE SECTION 54952(B) CONFIRMING THE STATE OF
EMERGENCY UNDER GOVERNMENT CODE SECTION 8625,
RECOGNIZING CONTINUED MEASURES TO PROMOTE SOCIAL
DISTANCING, AND RE-AUTHORIZING REMOTE TELECONFERENCE
MEETINGS OF THE CITY FOR THE PERIOD FROM JANUARY 3,
2022 TO FEBRUARY 2, 2022.
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the attached Resolution would allow the City Council and the City’s other legislative bodies to continue to meet via teleconference (“virtually”) in a manner substantially similar to the manner in which they have met during the COVID-19 pandemic, if a proclaimed State of Emergency remains in effect and other requirements are satisfied.
BACKGROUND
All meetings of the City Council and the City’s other legislative bodies are open and public, as required by the Ralph M. Brown Act, Government Code section 54950 et seq., so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business. On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct virtual meetings to slow the spread of COVID-
19. As a result of Executive Order N-29-20, City Staff set up virtual meetings for the City Council and other City legislative bodies. On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, ended the provisions of Executive Order N-29-20 that allowed local legislative bodies to conduct meetings telephonically or by other means.
On September 16, 2021, Governor Newsom signed Assembly Bill 361 (“AB 361”), which allows local legislative bodies to continue to conduct meetings via teleconferencing under specified
City Council Staff Report - Page 2 of 3
conditions. AB 361 took effect upon the expiration of Executive Order N-29-20 on October 1, 2021. On September 20, 2021, the City Council held a meeting in compliance with AB 361’s requirements for remote meetings.
In order for AB 361 to remain effective for meetings of the City’s legislative bodies, the City Council is required to make specified findings every 30 days. AB 361 allows a legislative body to continue holding meetings utilizing teleconferencing without complying with the standard teleconferencing requirements if a State of Emergency is proclaimed under Government Code section 8625, the City has reconsidered the emergency conditions, and if the local Public Health Officer continues to recommend social distancing measures to protect the public’s health and safety during local government meetings. These conditions are present.
Governor Newsom’s March 4, 2020 Proclamation of Emergency related to the COVID-19 pandemic is still in effect. The potential spread of COVID-19 continues to threaten public health and safety during indoor public gatherings, including indoor gatherings of the Rancho Cordova City Council and other Rancho Cordova legislative bodies. In addition, the Sacramento County Public Health Officer continues to recommend teleconferencing or social distancing to protect the public’s health and safety during local government meetings.
SUMMARY
The attached Resolution makes the required findings that the current conditions exist to allow teleconference meetings pursuant to AB 361 for the City Council and on behalf of all of the legislative bodies commissions and committees created by the City Council pursuant to Government Code section 54952(b). This will allow members of the public to safely observe and participate in local government meetings during the pandemic.
If a meeting is held via teleconference under AB 361, the following requirements apply:
1.Notices and agenda requirements remain the same under the Brown Act;
2.No physical location is required for public attendance or public comment.However, the public must be able to access and participate in the meeting through a call-in or an internet-based service, and instructions for how to participate must appear in the posted notices or agenda;
3.Teleconference meetings must protect the statutory and constitutional rights of the parties and the public;
4.If there is any disruption of the call-in or internet-based service, the agency must suspend the meeting until the problem is fixed;
5.Legislative bodies may allow public comments to be submitted prior to a meeting but must also allow the public to participate in real time through call-in or internet-based service;
6.If an internet-based service requires registration through a third-party, individuals can be required to register with the third-party to participate in the meeting; and
7.When providing a public comment period, whether after each item or during a general comment period, a legislative body must allow reasonable time for members of the public to comment and must also include reasonable time for members to register with a third-party host if applicable.
City Council Staff Report - Page 3 of 3
FISCAL IMPACT AND FUNDING SOURCE
The cost of continued remote access to Council meetings and the meetings of other City committees.
ATTACHMENT(S)
1. Resolution - AB 361 Rancho Cordova
ITEM 9.7. ATTACHMENT 1 Resolution No. XX-2022 Page 1 of 3
CITY OF RANCHO CORDOVA
CITY COUNCIL RESOLUTION NO. XX-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA AND ON
BEHALF OF COMMISSIONS AND COMMITTEES CREATED BY THE CITY COUNCIL PURSUANT TO GOVERNMENT CODE SECTION 54952(b) CONFIRMING THE STATE OF EMERGENCY UNDER GOVERNMENT CODE SECTION 8625, RECOGNIZING CONTINUED
MEASURES TO PROMOTE SOCIAL DISTANCING, AND RE-AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY FOR THE PERIOD FROM JANUARY 3, 2022 TO FEBRUARY 2, 2022
WHEREAS, the City is committed to preserving and promoting public access and participation in meetings of the legislative bodies; and WHEREAS, all meetings of the City are open and public, as required by the Ralph M.
Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City conduct their business; and WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, on September 20, 2021 the City held a meeting during a state of emergency under Government Code section 8625 and during a period of recommended social distancing by state and local officials while complying with Government Code section 54953(e)(2); and WHEREAS, the City is required to make certain findings every thirty (30) days to continue teleconferencing under Government Code section 54953(e)(3), including reconsideration of the state of emergency declared by the Governor pursuant to Government Code section 8625, and State or local officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, the City continues to experience emergency conditions due to COVID-19, specifically, the highly transmissible SARS-CoV-2 B.1.617.2 (“Delta”) continues to threaten public health and safety during indoor public gatherings; and WHEREAS, the City Council has considered the circumstances of the Governor’s state of emergency proclamation pursuant to Government Code section 8625, which remains active; and
ITEM 9.7. ATTACHMENT 1 Resolution No. XX-2022 Page 2 of 3 WHEREAS, on July 30, 2021, the Sacramento County Health Officer issued an order requiring all individuals, regardless of vaccination status, to wear a mask while indoors in public spaces; and
WHEREAS, the Centers for Disease Control and Prevention (“CDC”) continues to recommend physical distancing of at least six feet (6’) from others outside of the household; and WHEREAS, the Sacramento County Health Officer’s order incorporates the CDC’s guidance for vaccinated and unvaccinated people; and
WHEREAS, the City Council, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of the commissions, committees, and other bodies that were created by the City Council pursuant to Government Code section 54952(b) (collectively referred to as the “Legislative Bodies”), does hereby find that the Legislative Bodies shall continue to conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that the Legislative Bodies shall continue to comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953 as a consequence of the ongoing state of emergency and the continued social distancing measures required by local officials.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Affirmation that Local Emergency Persists. The City Council hereby considers the conditions of the state of emergency pursuant to Government Code section 8625 and proclaims that a local emergency persists throughout the City, affirms the Sacramento Health Order’s required and recommended measures to promote social distancing, and finds that the conditions continue to exist pursuant to Government Code section 54953(e)(3) to allow the Legislative Bodies to use teleconferencing to hold public meetings in accordance with Government Code section 54953(e)(2) to ensure members of the public have continued access to safely observe and participate in local government meetings.
Section 3. Remote Teleconference Meetings. City Staff are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, continuing to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
Section 4. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) February 2, 2022 or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of City may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova, this 3rd day of January 2022, by the following vote:
ITEM 9.7. ATTACHMENT 1 Resolution No. XX-2022 Page 3 of 3 AYES:
NOES:
ABSENT:
ABSTAIN:
Donald Terry, Mayor
ATTEST:
Stacy Leitner, CMC
City Clerk
MEMORANDUM
City Council Staff Report - Page 1 of 3
ITEM 12.1.
DATE: January 3, 2022
TO: Honorable Mayor and Council Members
FROM: Micah Runner, Deputy City Manager
SUBJECT: CITY COUNCIL WORK SESSION PRIORITIES FOR 2022
RECOMMENDATION
Receive information and provide direction as needed.
RESULT OF RECOMMENDED ACTION
Staff will receive input and direction on the Work Session Priorities for 2022.
BACKGROUND
In 2021 the City Council discussed priorities for council work session topics for staff to prepare items for Council consideration. These conversations took place in January, February, and July of last year to set the priorities and provide updates on progress. The topics are both City Council initiated, and policy discussions initiated by staff to fulfill either legal requirements or operational efficiencies.
Staff will present the results of the 2021 matrix (Attachment 1) and an anticipated timeline for major policy discussion items for the 2022 calendar year (Attachment 2). Council will be able to provide input and direction on the 2022 policy item discussion list for further review and consideration. To provide a brief context of the items on the list here is a short description of each subject.
1st Quarter
ARPA/Measure R: Continuing the priorities discussion on both the American Rescue Plan Act (ARPA) and future Measure R expenditures.
Mobile Home Stabilization: Bringing back a rent stabilization ordinance for discussion or adoption. This follows Council direction provided in November 2021.
Homeless and Housing Initiatives: In addition to HOT Team enhancements, the team will present additional homeless housing options to gauge Council interest in pursuing. Including a conversation about future phases of the Mather Veterans Village and other veterans housing opportunities.
City Council Staff Report - Page 2 of 3
Mills Crossing Civic Center Pre-Development Agreement: Following Council from December 2021, staff will first engage with the public regarding the current development concept and return to Council for adoption of the next agreement that will allow us to proceed into the detailed design phase and predevelopment phases of the project.
City Manager Priorities: Continuing discussion of City Manager priorities.
Transportation Development Impact Fee Update: The transportation development impact fee is enacted through Chapter 16.84 of the City’s municipal code. It is an equitable means to ensure that future development contributes a fair share to new transportation improvements needed to support additional traffic. The program is updated on a regular basis to accurately reflect expected development and necessary improvements.
2nd Quarter
Community Enhancement and Investment Fund: Annual application review and process.
City Council Visioning for 2022: Annual visioning session for the City Council.
Coloma Road Update: Collaboration with the community to evaluate options to address unsafe driving behavior on Coloma Road.
Street and Asset Naming Final Policy: Conclusion of the discussion on the naming of streets and assets and report back from the City Council committee.
Flavored Tobacco: Council requested follow-up discussion on flavored tobacco.
3rd Quarter
Climate Action Plan (CAP) Adoption: By Q3 2022, all of the significant components of the CAP and the majority of the public engagement will be complete. The draft of the Climate Action Plan will be presented to Council.
Economic Development Strategic Plan: This Economic Development Strategic Plan will establish a unified vision and direction for the City that will set forth achievable, strategic economic development for the City over the next several years. The Plan will include extensive stakeholder input and data analysis to uncover Rancho Cordova’s differentiating strengths and challenges, as well as, identifying specific goals and strategies to inform a tactical roadmap for economic development.
General Plan Amendments (Circulation, Environmental Justice, Land-Use): Beginning in 2022, staff will begin an effort to update various elements of the General Plan such as Circulation and Land Use. Additionally, per State law, jurisdictions are required to incorporate an Environmental Justice element into the General Plan when more than two elements are updated. The process to start working on the new element will begin in 2022 and will likely be completed in 2023.
Residential Over Paving Enforcement Issues: Staff will present a proposal to City Council to review on how to bring over paving violations into compliance. Currently staff is addressing over paving if caught prior to being installed, but is concerned with how to address the over paving that has been in place for several years.
City Council Staff Report - Page 3 of 3
Re-imagining the Office Park - Integrated Development: During 2022 staff will be working on an assessment of the City’s current office parks, industry trends, and future expectations to determine strategies for keeping our office parks relevant and competitive. Some of those strategies will include looking at opportunities for new infill housing and other uses within the existing office areas and would need policy level input from the City Council.
4th Quarter
Comprehensive Zoning Code Update: The Zoning Code has undergone periodic updates but has not undergone a thorough review and update in several years. There are various ambiguities and/or areas within the code that require various determinations, as well as conflicting standards or standards that are outdated. These hurdles can delay projects or permits from being processed in a timely manner. Additionally, the City has numerous old County planning documents that need updating to reflect new development practices.
Storage/Shipping Container Enforcement Issues: Seeking clarity on proactive enforcement and consistencies.
Noise Standards Review: The City of Sacramento just did an overhaul on their noise standards and ordinance. They hired a consultant to assist. I think we take the same approach and incorporate some of the various conditions that we have discussed surrounding the issues related to the Flame to Fire.
Auto Uses on Commercial Corridors: Council has raised concerns about the number of automotive uses that locate on major corridors such as Sunrise Blvd. The topic would be presented as a work session for further discussion and direction.
FISCAL IMPACT AND FUNDING SOURCE
There is no Fiscal Impact.
ATTACHMENT(S)
1. 2021 Council Workshop Priorities
2. Council 2022 Policy Item List
ITEM 12.1.
ATTACHMENT 1
Council Policy Discussions – Anticipated Timeline 2022
Q1 Q2 Q3 Q4
ARPA/Measure R* ARPA/Measure R* Climate Action Plan Adoption (CAP)*
Comprehensive Zoning Code
Update*
Mobile Home Stabilization CEIF – Application Review* Economic Development Strategic Plan
Storage/Shipping Container
Enforcement Issues
Homelessness and Housing
Initiatives
City Council Visioning for 2022 General Plan Amendments (Circulation, Environmental
Justice, Land-Use)*
Noise Standards Review
Mills Crossing Development
Agreement
Coloma Road Residential Over Paving
Enforcement Issues
Auto uses on Commercial
Corridors
City Manager Priorities Review Street and Asset Naming Final Policy
Re-imagining the Office Park:
Integrated Development
Transportation Impact Fee
Update
Flavored Tobacco
Pending Items
• Council Committees Goals (Sacramento County, LAFCO, SACOG, Regional Sanitation) *Will likely require multiple meetings
ITEM 12.1.
ATTACHMENT 2
MEMORANDUM
City Council Staff Report - Page 1 of 1
ITEM 12.2.
DATE: January 3, 2022
TO: Honorable Mayor and Council Members
FROM: Adam Lindgren, City Attorney
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA APPROVING A 5% PERFORMANCE INCENTIVE
PAYMENT FOR CYRUS ABHAR FOR SERVICE AS CITY MANAGER
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution will authorize payment of the 5% performance incentive payment.
BACKGROUND
Cyrus Abhar has served as the City Manager for the City of Rancho Cordova since November 2, 2015. The City Council conducted closed sessions to evaluate Mr. Abhar's performance, and to receive information and provide direction regarding his salary and benefits package. The City Council unanimously agreed that the City Manager's overall performance in 2021 was "exemplary."
Consistent with the terms of the City's employment agreement with the City Manager, the Resolution before the City Council approves the 5% performance incentive payment ($13,800.06) to be paid immediately based on the City Council's conclusion that Mr. Abhar has displayed an exemplary performance and succeeded in achieving the specific objectives previously established by the City Council.
Before taking final action, the City Council will orally report a summary of the recommended actions on City Manager pay and benefits during this open session of a regular council meeting.
FISCAL IMPACT AND FUNDING SOURCE
Various.
ATTACHMENT(S)
1. Resolution City Manager Performance Bonus 2021
ITEM 12.2. ATTACHMENT 1 Resolution No. XX-2022 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE
OF CALIFORNIA, REGARDING THE PERFORMANCE EVALUATION AND INCENTIVE
PAYMENT FOR CYRUS ABHAR FOR SERVICE AS CITY MANAGER
WHEREAS, Cyrus Abhar has served as City Manager for the City of Rancho Cordova since November 2, 2015; and
WHEREAS, the City Council approved an amended and restated employment agreement (“Agreement”) with Cyrus Abhar (“City Manager”) on November 5, 2018; and WHEREAS, Section II(A)(1) of his Agreement allows up to a 5% performance incentive benefit, in addition to his salary; and
WHEREAS, the City Council conducted a performance evaluation of City Manager in closed session at its September 28, 2021 meeting and subsequently met in closed session on December 20, 2021 to discuss labor negotiations related to the City Manager; and WHEREAS, on September 28, 2021, it was reported out of closed session that the City Council unanimously agreed that the City Manager’s overall performance in 2020 was “exemplary”; and
WHEREAS, following the performance review and labor negotiations, the Council directed that an item be placed on the City Council agenda for the Council to consider awarding the City Manager the maximum performance incentive pay available for 2021 based on his performance, as demonstrated by his success in meeting the specific objectives established by the City Council.
NOW THEREFORE BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA resolves that City Manager, Cyrus Abhar, shall be awarded a performance incentive for his exemplary 2021 performance in the amount of $13,800.06.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova this 3 rd day of January 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ITEM 12.2. ATTACHMENT 1 Resolution No. XX-2022 Page 2 of 2 ____________________________
Donald Terry, Mayor
ATTEST:
Stacy Leitner, CMC
City Clerk