Rancho Cordova City Council
April 4, 2022

MITIGATION MONITORING AND REPORTING PROGRAM
The Preserve Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
SWHA-4 will be implemented. The
approved biologist will inform the Land
Use Authority Permittee and
Implementing Entity of species
locations, and they in turn will notify
the Wildlife Agencies.
• SWHA-3 (Swainson’s Hawk Nest
Buffer): If active nests are found
within the project footprint or within

0.25 mile of any project-related
Covered Activity, the Third-Party
Project Proponent will establish a

0.25-mile disturbance buffer around
the active nest until the young have
fledged, with concurrence from the
Wildlife Agencies.
• SWHA-4 (Swainson’s Hawk Nest
Buffer Monitoring): If nesting
Swainson’s hawks are present within
the project footprint or within 0.25 mile
of any project-related Covered
Activity, then an approved biologist
experienced with Swainson’s hawk
behavior will be retained by the ThirdParty Project Proponent to monitor the nest throughout the nesting season
and to determine when the young
have fledged. The approved biologist
will be on site daily while constructionrelated activities are taking place within the buffer. Work within the
ITEM 11.1. ATTACHMENT 5

MITIGATION MONITORING AND REPORTING PROGRAM
The Preserve Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
temporary nest disturbance buffer can
occur with the written permission of
the Implementing Entity and Wildlife
Agencies. If nesting Swainson’s
hawks begin to exhibit agitated
behavior, such as defensive flights at
intruders, getting up from a brooding
position, or flying off the nest, the
approved biologist will have the
authority to shut down construction
activities. If agitated behavior is
exhibited, the biologist, Third-Party
Project Proponent, Implementing
Entity, and Wildlife Agencies will meet
to determine the best course of action
to avoid nest abandonment or take of
individuals. The approved biologist will
also train construction personnel on
the required avoidance procedures,
buffer zones, and protocols in the
event that a Swainson’s hawk flies into
an active construction zone (i.e.,
outside the buffer zone).

4.2-7 Have a substantial
adverse effect, either
directly or through habitat
modifications, on
tricolored blackbird.

4.2-7 Prior to initiation of ground-disturbing
activities, the project applicant shall comply
with SSHCP AMMs TCB-2 through TCB-5. If
tricolored blackbirds are found within the
survey area during the pre-construction survey
conducted per TCB-2, then TCB-3 through
TCB-5 shall be implemented as required
based on the results of surveys conducted per
TCB-2.

City of Rancho
Cordova
Community
Development
Department
Prior to initiation of
ground-disturbing
activities
ITEM 11.1. ATTACHMENT 5

MITIGATION MONITORING AND REPORTING PROGRAM
The Preserve Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
• TCB-2 (Tricolored Blackbird PreConstruction Surveys): Preconstruction surveys will be required to determine if active nests are
present within a project footprint or
within 500 feet of a project footprint if
existing or potential nest sites were
found during design surveys and
construction activities will occur during
the breeding season (March 1 through
September 15). An approved biologist
will conduct pre-construction surveys
within 30 days and within 3 days of
ground-disturbing activities, and within
the proposed project footprint and 500
feet of the proposed project footprint to
determine the presence of nesting
tricolored blackbird. Pre-construction
surveys will be conducted during the
breeding season (March 1 through
August 31). Surveys conducted in
February (to meet pre-construction
survey requirements for work starting
in March) must be conducted within 14
days and 3 days in advance of grounddisturbing activities. If a nest is present, then TCB-3 and TCB-4 will be
implemented. The approved biologist
will inform the Land Use Authority
Permittee and the Implementing Entity
of species locations, and they in turn
will notify the Wildlife Agencies.

ITEM 11.1. ATTACHMENT 5

MITIGATION MONITORING AND REPORTING PROGRAM
The Preserve Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
• TCB-3 (Tricolored Blackbird Nest
Buffer): If active nests are found
within the project footprint or within
500 feet of any project-related
Covered Activity, the Third-Party
Project Proponent will establish a 500-
foot temporary buffer around the
active nest until the young have
fledged.
• TCB-4 (Tricolored Blackbird Nest
Buffer Monitoring): If nesting
tricolored blackbirds are present
within the project footprint or within
500 feet of any project-related
Covered Activity, then an approved
biologist experienced with tricolored
blackbird behavior will be retained by
the Third-Party Project Proponent to
monitor the nest throughout the
nesting season and to determine
when the young have fledged. The
approved biologist will be on site daily
while construction-related activities
are taking place near the disturbance
buffer. Work within the nest
disturbance buffer will not be
permitted. If the approved biologist
determines that tricolored blackbirds
are exhibiting agitated behavior,
construction will cease until the buffer
size is increased to a distance
necessary to result in no harm or
ITEM 11.1. ATTACHMENT 5

MITIGATION MONITORING AND REPORTING PROGRAM
The Preserve Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
harassment to the nesting tricolored
blackbirds. If the biologist determines
that the colonies are at risk, a meeting
with the Third-Party Project
Proponent, Implementing Entity, and
Wildlife Agencies will be held to
determine the best course of action to
avoid nest abandonment or take of
individuals. The approved biologist will
also train construction personnel on
the required avoidance procedures,
buffer zones, and protocols in the
event that a tricolored blackbird flies
into an active construction zone (i.e.,
outside the buffer zone).
• TCB-5 (Timing of Pesticide Use and
Harvest Timing on Agricultural
Preserves): On SSHCP Agricultural
Preserves, pesticides (including
herbicides) will not be applied from
January 1 through July 15.

4.2-8 Have a substantial
adverse effect, either
directly or through habitat
modifications, on specialstatus bats.

4.2-8 Prior to initiation of ground-disturbing
activities, the project applicant shall comply
with SSHCP AMMs BAT-2 through BAT-4.

Winter hibernaculum surveys conducted per
BAT-2 shall also include surveying for pallid
bat although it is not an SSHCP Covered
Species. If winter hibernacula of western red
bat or pallid bat are found within the survey
area, then BAT-3 through BAT-4 shall be
implemented as required based on the results
of surveys conducted per BAT-2.

City of Rancho
Cordova
Community
Development
Department
Prior to initiation of
ground-disturbing
activities
ITEM 11.1. ATTACHMENT 5

MITIGATION MONITORING AND REPORTING PROGRAM
The Preserve Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
• BAT-2 (Winter Hibernaculum PreConstruction Surveys): If the ThirdParty Project Proponent elects not to avoid potential winter hibernaculum
sites within the project footprint plus a
300-foot buffer, additional surveys are
required. Prior to any ground
disturbance related to Covered
Activities, an approved biologist will
conduct a pre- construction survey
within 3 days of ground-disturbing
activities within the project footprint
and 300 feet of the project footprint to
determine the presence of winter
hibernaculum sites. Pre-construction
surveys will be conducted during the
winter hibernaculum season
(November 1 through March 31). If a
winter hibernaculum is present, then
BAT-3 and BAT-4 will be
implemented. The approved biologist
will inform the Land Use Authority
Permittee and Implementing Entity of
species locations, and they in turn will
notify the Wildlife Agencies.
• BAT-3 (Winter Hibernaculum
Buffer): If active winter hibernaculum
sites are found within the project
footprint or within 300 feet of the
project footprint, the Third-Party
Project Proponent will establish a 300-
ITEM 11.1. ATTACHMENT 5

MITIGATION MONITORING AND REPORTING PROGRAM
The Preserve Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
foot temporary disturbance buffer
around the active winter hibernaculum
site until bats have vacated the
hibernaculum and the Implementing
Entity and Wildlife Agencies concur.
• BAT-4 (Bat Eviction Methods): An
approved biologist will determine if
non-maternity and non-hibernaculum
day and night roosts are present on
the project site. If necessary, an
approved biologist will use safe
eviction methods to remove bats if
direct impacts to non-maternity and
non-hibernaculum day and night
roosts cannot be avoided. If a winter
hibernaculum site is present, Covered
Activities will not occur until the
hibernaculum is vacated, or, if
necessary, safely evicted using
methods acceptable to the Wildlife
Agencies.

4.2-9 Have a substantial
adverse effect, either
directly or through habitat
modifications, on
American badger.

4.2-9 A qualified biologist shall conduct a
preconstruction survey for American badger
within 14 days prior to commencement of
construction, and results of the survey shall be
provided to the City’s Community
Development Department. If badgers or dens
with signs of recent badger use are detected
(i.e., fresh scat, claw marks), CDFW shall be
consulted and a non-disturbance buffer shall
be established around any active dens. The
den(s) shall be monitored daily by the qualified
City of Rancho
Cordova
Community
Development
Department
Within 14 days prior
to commencement of
construction
ITEM 11.1. ATTACHMENT 5

MITIGATION MONITORING AND REPORTING PROGRAM
The Preserve Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
biologist during construction. Work shall not
occur within the non-disturbance buffer until
the qualified biologist determines that the
badger(s) have left the work area, or as
determined in consultation with CDFW.

4.2-10 Have a substantial
adverse effect on riparian
habitat or other sensitive
natural community, or
State or Federally
protected wetlands
(including, but not limited
to, marsh, vernal pool,
coastal, etc.) through
direct removal, filling,
hydrological interruption,
or other means.

4.2-10(a)Prior to approval of grading and improvement
plans and prior to initiation of any
groundbreaking activity associated with the
proposed project, the project applicant shall
ensure that authorization pursuant to Clean
Water Act (CWA) Section 404 from the U.S.

Army Corps of Engineers (USACE) and CWA
Section 401 from the Central Valley Regional
Water Quality Control Board (RWQCB) is
obtained. CWA Section 404 authorization is
anticipated to be obtained through a Letter of
Permission issued by USACE under the
SSHCP ARP, and CWA Section 401
authorization is anticipated to be obtained
through an individual Water Quality
Certification issued by the RWQCB under the
SSHCP ARP.

The construction contractor shall adhere to all
conditions outlined in the permits. The project
applicant shall ensure that the proposed
project replaces, restores, or enhances on a
“no net loss” basis (in accordance with the
USACE and the Central Valley RWQCB) the
acreage of all wetlands and other waters of the
U.S. that would be removed, lost, and/or
degraded due to project implementation, either
through the SSHCP In-Lieu Fee Program or by
City of Rancho
Cordova
Community
Development
Department
Central Valley
RWQCB
USACE
Prior to approval of
grading and
improvement plans
and prior to initiation
of any
groundbreaking
activity
ITEM 11.1. ATTACHMENT 5

MITIGATION MONITORING AND REPORTING PROGRAM
The Preserve Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
other methods agreeable to the USACE, the
Central Valley RWQCB, and the City, as
appropriate, depending on agency jurisdiction,
and as determined during the Section 401 and
Section 404 permitting processes.

4.2-10(b)Prior to approval of grading and improvement
plans and prior to initiation of any
groundbreaking activity associated with the
proposed project, the project applicant shall
ensure that a CDFW 1602 Streambed
Alteration Agreement has been obtained. The
construction contractor shall adhere to all
conditions outlined in the Streambed Alteration
Agreement.

4.2-10(c)The project applicant shall comply with
SSHCP AMM STREAM-2 and a 100-foot
setback from Morrison Creek shall be
established. Only allowed compatible uses
described in the SSHCP shall be sited within
the setback.
• STREAM-2 (UDA Stream Setbacks):

A 100-foot setback measured from the
top of the bank on both sides of the
stream channel will be applied to all
streams listed in Table 5-1 (see Table

4.2-3 below) (see also Figure 2-4 [of
the SSHCP]). If a stream reach
supports woody riparian vegetation,
the setback will be equal to the
riparian edge plus 25 feet or will be the
City of Rancho
Cordova
Community
Development
Department
City of Rancho
Cordova
Community
Development
Department
Prior to approval of
grading and
improvement plans
and prior to initiation
of any
groundbreaking
activity
Prior to initiation of
any groundbreaking
activity
ITEM 11.1. ATTACHMENT 5

MITIGATION MONITORING AND REPORTING PROGRAM
The Preserve Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
setback defined above, whichever is
greater. If trails are located within the
Stream Setback, the nearest edge of
the trail will be located at least 50 feet
from the top of the bank.

Table 4.2-3
Stream Setback Minimum Requirements in the
Urban Development Area
Stream
Minimum Setback (from the Top of
Bank Measured in Aerial
Perspective) on Both Sides of the
Stream
Elder Creek 100 feet
Frye Creek
100 feet or as depicted as part of the
NewBridge development project hardline
Preserve (see SSHCP Appendix K)
Gerber Creek 100 feet
Morrison
Creek 100 feet
Central Paseo
100 feet or as depicted as part of the
Cordova Hills development project hardline
Preserve (see SSHCP Appendix K)
Sun Creek
100 feet or as depicted as part of the Sun
Creek development project hardline
Preserve (see SSHCP Appendix K)

4.2-10(d) Implement Mitigation Measure 4.2-2(c). See Mitigation Measure 4.2-
2(c)
See Mitigation
Measure 4.2-2(c)

4.2-12 Conflict with any local
policies or ordinances
protecting biological
resources, such as a tree

4.2-12 Prior to removal of any protected trees (as
defined by Chapter 19.12 of the City’s
Municipal Code) within the project site and offsite improvement areas, a tree removal permit City of Rancho
Cordova
Community
Prior to removal of
any protected trees
within the project site
ITEM 11.1. ATTACHMENT 5

MITIGATION MONITORING AND REPORTING PROGRAM
The Preserve Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
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preservation policy or
ordinance.
shall be procured from the City. In addition,
tree species that are native to the Central
Valley and Sierra Nevada foothills such as
interior live oak (Quercus wislizeni), valley oak
(Quercus lobata), blue oak (Quercus
douglasii), Fremont cottonwood (Populus
fremontii), black walnut (Juglans hindsii), and
western redbud (Cercis occidentalis) shall be
incorporated into the planned landscaping
design in public spaces such as open space,
parks, and parkways. Enough plantings of
such native trees shall be incorporated into the
landscaping such that the number of surviving
native trees after five years is equal to or
greater than the number of non-native trees
removed. Landscaping plans detailing the tree
species to be planted shall be provided to the
City for approval prior to tree removal.

Development
Department
and off-site
improvement areas

4.2-14 Cumulative loss of
habitat for special-status
species.

4.2-14 Implement Mitigation Measures 4.2-1 through

4.2-11.

See Mitigation
Measures 4.2-
1 through 4.2-
11 See Mitigation
Measures 4.2-1
through 4.2-11

4.3 Cultural and Tribal Resources

4.3-2 Cause a substantial
adverse change in the
significance of a unique
archeological resource
pursuant to CEQA
Guidelines, Section
15064.5 or disturb
human remains,
including those interred

4.3-2 The following requirements shall be included
through a notation on all project improvement
plans prior to the issuance of grading permits,
to the satisfaction of the City Engineer.

In the event subsurface deposits believed to
be cultural or human in origin are discovered
during construction, all work shall halt within a
50-foot radius of the discovery. A qualified
City Engineer Prior to the issuance
of grading permits
ITEM 11.1. ATTACHMENT 5

MITIGATION MONITORING AND REPORTING PROGRAM
The Preserve Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
outside of dedicated
cemeteries.
professional archaeologist, meeting the
Secretary of the Interior’s Professional
Qualification Standards for precontact and
historic archaeologist, shall be retained to
evaluate the significance of the find, and shall
have the authority to modify the no-work radius
as appropriate, using professional judgment.

The following notifications shall apply,
depending on the nature of the find:
• If the professional archaeologist
determines that the find does not
represent a cultural resource, work
may resume immediately, and agency
notifications are not required.
• If the professional archaeologist
determines that the find does
represent a cultural resource from any
time period or cultural affiliation, he or
she shall immediately notify the City of
Rancho Cordova and applicable
landowner. The project applicant shall
consult on a finding of eligibility and
implement appropriate treatment
measures, if the find is determined to
be a Historical Resource under CEQA,
as defined in Section 15064.5(a) of the
CEQA Guidelines. Appropriate
treatment measures that preserve or
restore the character and integrity of a
find may be, but are not limited to,
processing materials for reburial,
minimizing handling of historical
ITEM 11.1. ATTACHMENT 5

MITIGATION MONITORING AND REPORTING PROGRAM
The Preserve Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
objects, leaving objects in place within
the landscape, construction
monitoring of further construction
activities, and/or returning objects to a
location within the project area where
they will not be subject to future
impacts. Work shall not resume within
the no-work radius until the applicant,
through consultation, as appropriate,
determines that the site either: 1) is
not a historical resource under CEQA,
as defined in Section 15064.5(a) of the
CEQA Guidelines; or 2) that the
treatment measures have been
completed to the City’s satisfaction.
• If the find includes human remains, or
remains that are potentially human, he
or she shall ensure reasonable
protection measures are taken to
protect the discovery from disturbance
(Assembly Bill [AB] 2641). The
archaeologist shall notify the City of
Rancho Cordova and the Sacramento
County Coroner (per Section 7050.5
of the Health and Safety Code). The
provisions of Section 7050.5 of the
California Health and Safety Code,
Section 5097.98 of the California
PRC, and AB 2641 shall be
implemented. If the Coroner
determines the remains are Native
American and not the result of a crime
scene, the Coroner shall notify the
ITEM 11.1. ATTACHMENT 5

MITIGATION MONITORING AND REPORTING PROGRAM
The Preserve Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
NAHC, which then shall designate a
Native American Most Likely
Descendant (MLD) for the proposed
project (Section 5097.98 of the PRC).

The designated MLD shall have 48
hours from the time access to the
property is granted to make
recommendations concerning
treatment of the remains. If the
landowner does not agree with the
recommendations of the MLD, the
NAHC shall mediate (Section 5097.94
of the PRC). If an agreement is not
reached, the landowner shall rebury
the remains where they shall not be
further disturbed (Section 5097.98 of
the PRC). The burial shall also include
either recording the site with the
NAHC or the appropriate information
center, using an open space or
conservation zoning designation or
easement, or recording a reinternment
document with Sacramento County
(AB 2641). Work shall not resume
within the no-work radius until the City,
through consultation as appropriate,
determines that the treatment
measures have been completed to
their satisfaction.

4.3-3 Cause a substantial
adverse change in the
significance of a tribal
cultural resource as

4.3-3(a) Implement Mitigation Measure 4.3-2. See Mitigation Measure 4.3-2
See Mitigation
Measure 4.3-2
ITEM 11.1. ATTACHMENT 5

MITIGATION MONITORING AND REPORTING PROGRAM
The Preserve Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
defined in PRC Section
21074.

4.3-3(b) Prior to initiation of ground-disturbing activities associated with the proposed project, a
consultant and construction worker tribal
cultural resources awareness brochure and
training program for all personnel involved in
project implementation shall be developed in
coordination with interested Native American
Tribes. The brochure shall be distributed and
the training shall be conducted in coordination
with qualified cultural resources specialists
and Native American Representatives and
Monitors from culturally affiliated Native
American Tribes before any stages of project
implementation and construction activities
begin on the project site. The program shall
include relevant information regarding
sensitive tribal cultural resources, including
applicable regulations, protocols for
avoidance, and consequences of violating
State laws and regulations. The worker cultural
resources awareness program shall also
describe appropriate avoidance and
minimization measures for resources that have
the potential to be located on the project site
and shall outline what to do and whom to
contact if any potential tribal cultural resources
are encountered. The program shall also
underscore the requirement for confidentiality
and culturally-appropriate treatment of any find
of significance to Native Americans and
behaviors, consistent with Native American
Tribal values. Documentation of the brochure
and training program (i.e., a sign-in sheet)
City of Rancho
Cordova
Community
Development
Department
Prior to initiation of
ground-disturbing
activities
ITEM 11.1. ATTACHMENT 5

MITIGATION MONITORING AND REPORTING PROGRAM
The Preserve Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
shall be submitted along with all applicable
reports to the City’s Community Development
Department.

4.3-3(c) Prior to the start of ground-disturbing activities associated with the proposed project, the
project applicant and construction
contractor(s) shall implement the following
measures to minimize the potential for
destruction of or damage to existing or
previously undiscovered burials,
archaeological, and tribal cultural resources
and to identify any such resources at the
earliest possible time during project-related
earthmoving activities:
• Native American monitors from
culturally affiliated Native American
Tribes shall be invited to monitor the
vegetation grubbing, stripping,
grading or other ground-disturbing
activities in the project area to
determine the presence or absence of
any cultural resources. Native
American representatives from
cultural affiliated Native American
Tribes act as a representative of their
Tribal government and shall be
consulted before any grounddisturbing activities begin. • Native American representatives and
Native American monitors have the
authority to identify sites or objects of
City of Rancho
Cordova
Community
Development
Department
Prior to the start of
ground-disturbing
activities
ITEM 11.1. ATTACHMENT 5

MITIGATION MONITORING AND REPORTING PROGRAM
The Preserve Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
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significance to Native Americans and
to request that work be stopped,
diverted or slowed if such sites or
objects are identified within the direct
impact area. Only a Native American
representative shall recommend
appropriate treatment of such sites or
objects.

Compliance with the aforementioned
measures shall be documented and submitted
with applicable reports to the City’s Community
Development Department.

4.3-3(d) Develop a standard operating procedure,
points of contact, timeline and schedule for the
project so all possible damages can be
avoided or alternatives and cumulative
impacts properly accessed.

If potential tribal cultural resources,
archaeological resources, other cultural
resources, articulated, or disarticulated human
remains are discovered by Native American
Representatives or Monitors from interested
Native American Tribes, qualified cultural
resources specialists or other project
personnel during construction activities, work
shall cease in the immediate vicinity of the find
(based on the apparent distribution of cultural
resources), whether or not a Native American
Monitor from an interested Native American
Tribe is present. A qualified cultural resources
City of Rancho
Cordova
Community
Development
Department
Prior to initiation of
ground-disturbing
activities
ITEM 11.1. ATTACHMENT 5

MITIGATION MONITORING AND REPORTING PROGRAM
The Preserve Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
specialist and Native American
Representatives and Monitors from culturally
affiliated Native American Tribes shall assess
the significance of the find and make
recommendations for further evaluation and
treatment as necessary. These
recommendations shall be documented in the
project record.

If adverse impacts to tribal cultural resources,
unique archeology, or other cultural resources
occurs, then consultation with Wilton
Rancheria regarding mitigation contained in
the Public Resources Code Sections
21084.3(a) and (b) and CEQA Guidelines
Section 15370 shall occur, in order to
coordinate for compensation for the impact by
replacing or providing substitute resources or
environments.

4.4 Geology and Soils/Mineral Resources

4.4-3 Be located on a
geological unit or soil that
is unstable, or that would
become unstable as a
result of the project, and
potentially result in on or
off-site landslide, lateral
spreading, subsidence,
liquefaction, or collapse,
or be located on
expansive soil, as
defined in Table 18-1B of

4.4-3 The Improvement Plan submittal shall include
a final geotechnical engineering report
produced by a California Registered Civil
Engineer or Geotechnical Engineer for review
and approval by the Rancho Cordova
Community Development Department. The
report shall address and make
recommendations on the following:

A. Road, pavement, and parking area
design;
Rancho
Cordova
Community
Development
Department
Prior to approval of
improvement plans
ITEM 11.1. ATTACHMENT 5

MITIGATION MONITORING AND REPORTING PROGRAM
The Preserve Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
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the Uniform Building
Code.

B. Structural foundations, including
retaining wall design (if applicable);
C. Grading practices;
D. Erosion/winterization;
E. Special problems discovered on-site,
(i.e., open bodies of water,
expansive/unstable soils, etc.); and
F. Slope stability.

Once approved by the Rancho Cordova
Community Development Department, two
copies of the final report shall be provided to
the Rancho Cordova Community
Development Department and one copy to the
Rancho Cordova Building and Safety Division
for its use. It is the responsibility of the
developer to provide for engineering
inspection and certification that earthwork has
been performed in conformity with
recommendations contained in the report.

4.4-5 Directly or indirectly
destroy a unique
paleontological resource
or site or unique geologic
feature.

4.4-5 Should construction or grading activities result
in the discovery of unique paleontological
resources, all work within the vicinity of the
discovery shall cease. The City of Rancho
Cordova Community Development
Department shall be notified, and the
resources shall be examined by a qualified
paleontologist at the developer’s expense, for
the purpose of recording, protecting, or
curating the discovery as appropriate. The
paleontologist shall submit to the Community
Development Department for review and
approval a report of the findings and method of
City of Rancho
Cordova
Community
Development
Department
If construction or
grading activities
result in the
discovery of unique
paleontological
resources
ITEM 11.1. ATTACHMENT 5

MITIGATION MONITORING AND REPORTING PROGRAM
The Preserve Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
curation or protection of the resources. Work
may only resume in the area of discovery when
the preceding work has occurred.

4.5 Hazards and Hazardous Materials

4.5-2 Create a significant
hazard to the public or
the environment through
reasonably foreseeable
upset and accident
conditions involving the
likely release of
hazardous materials into
the environment.

4.5-2(a) Prior initiation of demolition or construction activities associated with the proposed project,
the project applicant shall complete and
submit, for both the underground storage units
identified on APNs 073-0010-011 and 072-
0300-008, a Consolidated Application For
Authority to Remove Under Ground Storage
Tanks to the Sacramento County
Environmental Management Department
(EMD) for review. Upon issuance of a permit
(Authority Letter to Remove) from the EMD,
removal of the UST shall proceed in
accordance with all permit conditions,
including, but not limited to, inspection, testing,
and plan/report submittal requirements.

4.5-2(b) Prior initiation of demolition or construction activities associated with the proposed project,
the project applicant shall retain a licensed
contractor to remove the existing 55-gallon
drum located on APN 072-0300-008, to the
northeast of the existing residence. The drum
shall be disposed of in accordance with all
applicable federal, State, and local regulations
related to the handling, transport, and disposal
of hazardous waste. Proof of safe disposal
shall be provided to the Community
Development Department.

Sacramento
County
Environmental
Management
Department
City of Rancho
Cordova
Community
Development
Department
Prior to initiation of
demolition or
construction
activities
Prior to initiation of
demolition or
construction
activities
ITEM 11.1. ATTACHMENT 5

MITIGATION MONITORING AND REPORTING PROGRAM
The Preserve Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off

4.5-2(c) Prior to issuance of a demolition permit for any on-site structures, the project applicant shall
consult with certified Asbestos and/or Lead
Risk Assessors to complete and submit for
review to the Community Development
Department an asbestos and lead survey. If
asbestos-containing materials or leadcontaining materials are not discovered during the survey, further mitigation related to
asbestos-containing materials or lead
containing materials shall not be required. If
asbestos-containing materials and/or leadcontaining materials are discovered by the survey, the project applicant shall prepare a
work plan to demonstrate how the on-site
asbestos-containing materials and/or leadcontaining materials shall be removed in accordance with current California
Occupational Health and Safety (Cal-OSHA)
Administration regulations and disposed of in
accordance with all CalEPA regulations, prior
to the demolition and/or removal of the on-site
structures. The plan shall include the
requirement that work shall be conducted by a
Cal-OSHA registered asbestos and lead
abatement contractor in accordance with Title
8 CCR 1529 and Title 8 CCR 1532.1 regarding
asbestos and lead training, engineering
controls, and certifications. The applicant shall
submit the work plan to the Community
Development Department for review and
approval. Materials containing more than one
(1) percent asbestos that is friable are also
City of Rancho
Cordova
Community
Development
Department
Prior to issuance of a
demolition permit for
any on-site
structures
ITEM 11.1. ATTACHMENT 5

MITIGATION MONITORING AND REPORTING PROGRAM
The Preserve Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
subject to SMAQMD regulations. Removal of
materials containing more than one (1) percent
friable asbestos shall be completed in
accordance with SMAQMD Rule 902.

4.5-2(d) Prior to issuance of a demolition permit for any on-site structures, the project applicant shall
retain the services of a licensed environmental
professional to prepared a Phase II
Environmental Assessment (ESA) for the
project site. The Phase II ESA shall evaluate,
at a minimum, potential lead contamination in
the soils in the vicinity of the structures located
on APN 072-0300-008, as well as potential
termiticide contamination in the soils in the
vicinity of the wooden structures located on
APN 072-0300-002 and APN 072-0300-008.

In the event that the lead and/or termiticide
contamination is determined to occur, the
project applicant shall implement all
recommended measures in the Phase II ESA
necessary to address such hazards. Such
measures may include, but shall not be limited
to, capping contaminated soil in place and
deed-restricting the subject property,
excavation and off-haul of contaminated soils
by a licensed contractor, or other appropriate
methods deemed acceptable by the
Sacramento County Environmental
Management Department (EMD).

4.5-2(e) Prior to Improvement Plan approval, the
applicant shall hire a licensed well contractor
Sacramento
County
Environmental
Management
Department
City of Rancho
Cordova
Prior to issuance of a
demolition permit for
any on-site
structures
Prior to Improvement
Plan approval
ITEM 11.1. ATTACHMENT 5

MITIGATION MONITORING AND REPORTING PROGRAM
The Preserve Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
to obtain a well abandonment permit from the
Sacramento County Environmental
Management Department (EMD) for all on-site
wells, and properly abandon the on-site wells,
pursuant to Department of Water Resources
Bulletin 74-81 (Water Well Standards, Part III),
for review and approval by the EMD. In
addition, prior to Improvement Plan approval,
the project applicant shall ensure that any onsite septic systems are abandoned in compliance with applicable EMD standards.

Verification of abandonment shall be ensured
by the City of Rancho Cordova Community
Development Department.

4.5-2(f) If unidentified or suspected contaminated soil or groundwater evidenced by stained soil,
noxious odors, or other factors, is encountered
during site preparation or construction
activities at the project site, work shall stop in
the area of potential contamination, and the
type and extent of contamination shall be
identified by a Registered Environmental
Assessor (REA) or qualified professional. The
REA or qualified professional shall prepare a
report that includes, but is not limited to,
activities performed for the assessment,
summary of anticipated contaminants and
contaminant concentrations, relevant
environmental screening levels for identified
contaminants, whether the contaminants
exceed ESLs, thus warranting remediation,
and recommendations for appropriate
Community
Development
Department
City of Rancho
Cordova
Community
Development
Department
If unidentified or
suspected
contaminated soil or
groundwater
evidenced by stained
soil, noxious odors,
or other factors, is
encountered during
site preparation or
construction
activities
ITEM 11.1. ATTACHMENT 5

MITIGATION MONITORING AND REPORTING PROGRAM
The Preserve Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
handling and disposal. Site preparation or
construction activities shall not recommence
within the contaminated areas until any
necessary remediation identified in the report
is complete. The report and verification of
proper remediation and disposal shall be
submitted to the City of Rancho Cordova
Community Development Department for
review and approval.

4.6 Hydrology and Water Quality

4.6-1 Violate any water quality
standards or waste
discharge requirements
or otherwise substantially
degrade surface or
ground water quality
during construction.

4.6-1 Prior to the commencement of grounddisturbing activities, the project applicant shall submit, and obtain approval of, a Spill
Prevention Countermeasure and Control Plan
(SPCC) to the Sacramento County
Environmental Management Department. The
SPCC shall specify measures and procedures
to minimize the potential for, and effects from,
spills of hazardous, toxic, or petroleum
substances during all construction activities,
and shall meet the requirements specified in
the Code of Federal Regulations, Title 40, Part
112.

Sacramento
County
Environmental
Management
Department
Prior to the
commencement of
ground-disturbing
activities

4.6-2 Violate any water quality
standards or waste
discharge requirements
or otherwise substantially
degrade surface or
ground water quality
during operations.

4.6-2 Prior to approval of final project improvement
plans, the project applicant shall submit a
detailed Best Management Practice (BMP)
and water quality maintenance plan to the City
for review and approval. The BMP and water
quality maintenance plan shall meet the
standards of the City’s NPDES Permit (No.

CAS0085324), the California Stormwater
Quality Association (CASQA) Stormwater
City of Rancho
Cordova
Community
Development
Department
Prior to approval of
final project
improvement plans
ITEM 11.1. ATTACHMENT 5

MITIGATION MONITORING AND REPORTING PROGRAM
The Preserve Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
BMP Handbook for New Development and
Redevelopment, and the Stormwater Quality
Design Manual for the Sacramento region. Site
design measures, source control measures,
hydromodification management, and Low
Impact Development (LID) standards, as
necessary, shall be incorporated into the
design and shown on the improvement plans.

4.6-3 Prior to approval of final project improvement
plans, the project applicant shall submit a
maintenance covenant to the City for review
and approval. The maintenance covenant
shall be executed to ensure the long-term
maintenance of stormwater quality measures.

City of Rancho
Cordova
Community
Development
Department
Prior to approval of
final project
improvement plans

4.8 Noise

4.8-1 Generation of a
substantial temporary
increase in ambient noise
levels in the vicinity of the
project in excess of
standards established in
the local general plan or
noise ordinance, or
applicable standards of
other agencies.

4.8-1 The following criteria shall be noted on project
Improvement Plans. Improvement Plans shall
be submitted to the City’s Community
Development Department for review and
approval.
• Consistent with Section 6.68.090 of
the Rancho Cordova Municipal Code,
noise-generating construction
activities shall be limited to the hours
of 6:00 AM to 8:00 PM on weekdays
and 7:00 AM to 8:00 PM on weekends.

City of Rancho
Cordova
Community
Development
Department
Prior to approval of
Improvement Plans

4.10 Transportation

4.10-2 Conflict or be
inconsistent with CEQA

4.10-2(a) Prior to approval of Improvement Plans, the
project applicant shall include in the
City of Rancho
Cordova
Prior to approval of
Improvement Plans
ITEM 11.1. ATTACHMENT 5

MITIGATION MONITORING AND REPORTING PROGRAM
The Preserve Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
Guidelines Section
15064.3, subdivision (b)
under Existing Plus
Project conditions.

Improvement Plan submittal a Trail System
Plan detailing the applicant’s construction of a
portion of the regional trail system in the
vicinity of the project site. The Trail System
Plan shall be subject to review and approval by
the City of Rancho Cordova Community
Development Department.

4.10-2(b) Prior to the recording of a Final Map, the
project applicant shall pay a fair share
contribution to provide monetary support for
the City’s transportation services, as
determined by the City of Rancho Cordova
Community Development Department. The
charges for residential and nonresidential
development will fund these transportation
services as determined appropriate by the City
Council. Supplemental transportation services
may include, but are not limited to, the
following:
• Transit Shuttle – shuttle for residents
and/or employees between residential
areas, employment centers, shopping
and service centers and light rail
stations and/or other public transit
options;
• Guaranteed Ride Home – free taxi
rides and rental cars for ride sharers in
case of an emergency;
• Transit Subsidies – financial
assistance to encourage residents
Community
Development
Department
City of Rancho
Cordova
Community
Development
Department
Prior to the recording
of a Final Map
ITEM 11.1. ATTACHMENT 5

MITIGATION MONITORING AND REPORTING PROGRAM
The Preserve Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
and employees to use transit or other
alternative transportation measures;
• Transportation Plans for employers
and/or resident groups – plans which
guide employers and resident groups
on the implementation of trip reduction
programs, such as ride share
matching or other similar programs;
• Education Programs – various
programs such as education of transit
options, home office set up, alternative
commute opportunities;
• Infrastructure Support – additional
bike racks and lockers, transportation
alternative and ride share
informational boards/kiosks, and
transit facilities;
• Transportation Coordinator Training
and Support – instruction in mobility
(transportation alternatives) for
residential groups and work site
coordinators; and
• Bicycle and Alternative Fuel Vehicle
Incentives – incentives for purchasing
new bicycles or alternative fuel
vehicles.

Initial Study
I-d Create a new source of
substantial light or glare
which would adversely
affect day or nighttime
views in the area.

I-1 Prior to the approval of Improvement Plans
and issuance of Building Permits for any
development on the project site, the project
applicant shall submit a lighting plan for the
project to the City of Rancho Cordova Planning
City of Rancho
Cordova
Planning
Division
Prior to the approval
of Improvement
Plans and issuance
of Building Permits
ITEM 11.1. ATTACHMENT 5

MITIGATION MONITORING AND REPORTING PROGRAM
The Preserve Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
Division for review and approval. The lighting
plan shall include, but not necessarily be
limited to, the following provisions:
• Shield or screen lighting fixtures to
direct the light downward and prevent
light spill on adjacent properties;
• Place and shield or screen flood and
area lighting needed for construction
activities and/or security so as not to
disturb adjacent residential areas and
passing motorists;
• For public lighting, prohibit the use of
light fixtures that are of unusually high
intensity or brightness (e.g., harsh
mercury vapor, low-pressure sodium,
or fluorescent bulbs) or that blink or
flash;
• Use appropriate building materials
(such as low-glare glass, low-glare
building glaze or finish, neutral,
colored paint and roofing materials),
shielded or screened lighting, and
appropriate signage to prevent light
and glare from adversely affecting
motorists on nearby roadways; and
• The proposed location, mounting
height, and aiming point of all outdoor
lighting used during project operations
and/or construction.
for any development
on the project site
ITEM 11.1. ATTACHMENT 5

ITEM 11.1. ATTACHMENT 6
Resolution No. XX-2022 Page 1 of 4

CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA

APPROVING A GENERAL PLAN AMENDMENT TO THE SAFETY ELEMENT FOR THE

MULTI-JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN AND THE LAND USE AND CIRCULATION ELEMENT FOR THE PRESERVE PROJECT NO. DD9835 WHEREAS, City of Rancho Cordova recognizes the treat natural hazards pose to people and property within our community; and
WHEREAS, undertaking hazard mitigation actions will reduce the potential for harm to people and property within our community; and
WHEREAS, the Federal Disaster Mitigation Act of 2000 emphasizes the need for predisaster mitigation of potential natural hazards; and WHEREAS, the City of Rancho Cordova adopted the updated Multi-Jurisdictional Local Hazard Mitigation Plan (LHMP) on March 7, 2022; and
WHEREAS, the Amendment includes revised language describing the MultiJurisdictional Local Hazard Mitigation Plan and a link to the current Local Hazard Mitigation Plan; and
WHEREAS, the property referred to as The Preserve (“Project”) is proposed by Winn Communities, referred to as “Applicant”; and
WHEREAS, The Preserve project is planned as a 439 single family development, with parks/open space, natural resources, trails and associated infrastructure and roads on approximately 279-acres in the City; and
WHEREAS, the tentative subdivision map meets the requirements of the Subdivision Map Act and the Rancho Cordova Municipal Code as set forth in findings below, and the City Council has conducted a properly noticed public hearing for the approval of the Tentative Subdivision Map attached hereto in accordance with the Subdivision Map Act requirements; and WHEREAS, on April 4, 2022, the City Council of the City of Rancho Cordova conducted a properly noticed public hearing pursuant to Government Code section 65090 and has duly considered all written and verbal testimony presented during the hearing; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA HEREBY RESOLVES AS FOLLOWS:

FINDINGS
CEQA
Safety Element Amendment

1. Finding. The proposed General Plan Amendment is exempt from CEQA under Guidelines Section 15061(b)(3), General Rule

ITEM 11.1. ATTACHMENT 6
Resolution No. XX-2022 Page 2 of 4
Evidence. The proposed text amendment to add language into the plan regarding the already adopted LHMP into the Safety Element of the General Plan is exempt from the California Environmental Quality Act (CEQA), pursuant to State CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption). The activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The LHMP acts as a guidebook for hazard mitigation strategies but does not implement any specific project, action, or funding.

Land Use and Circulation Element Amendments
The City Council adopted a Resolution certifying The Preserve Project Environmental Impact Report (EIR), which included all findings required under CEQA regarding environmental impacts of the Project, mitigation measures and alternatives, adopted a Statement of Overriding Considerations, and adopted a Mitigation Monitoring and Reporting Program. The Draft EIR contains a description of the Project, including the proposed amendments to the General Plan, description of the environmental setting, identification of project impacts, and mitigation measures for impacts found to be significant, as well as an analysis of project alternatives, identification of significant irreversible environmental changes, growth-inducing impacts, and cumulative impacts. The Draft EIR identifies issues determined to have no impact or a lessthan-significant impact and provides analysis of potentially significant and significant impacts.

The Draft EIR identified the following impacts that were determined to be significant and unavoidable, which requires the City Council to adopt a Statement of Overriding Considerations.

General Plan Consistency- According to Section 23.155.060 of the Zoning Code, in order to amend the General Plan to modify the Land Use Map (Exhibit A), the Circulation Element (Exhibit B) and the Safety Element (Exhibit C) the following findings shall be made:

A. Finding: The proposed amendment is internally consistent with the General Plan.

Evidence: The proposed project area with the proposed land use designation as shown in Exhibit A: Proposed General Land Use Map is consistent with the General Plan Grant Line West Planning Area conceptual plan. The density is consistent with the conceptual plan and preserves a large amount of land that contains various natural resources. The removal of Centennial Drive from the project site as depicted on Figure C-1 of the General Plan was thoroughly analyzed in the EIR. It was concluded that the removal of this section of Centennial Drive would not create inconsistencies with the roadway network LOS standards.

In addition, the project is consistent with several of the General Plan goals as stated above.

The amendment to the Safety Element is merely a text addition to include language and a link to the approved Local Hazard Mitigation Plan (LHMP).

B. Finding: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Evidence: The proposed Project will not be detrimental to the public interest, health, safety, convenience, or welfare of the City as the project is expected to result in an improved jobs/housing ratio than what currently exists and includes the designation of public uses including parks and other public or quasi-public uses. The Preserve Project integrates sustainable development practices by preserving a large area of land containing various species and habitats to the north of the proposed residential development. It is a similar development pattern as the project to the south, known as Camden at Somerset Ranch.

ITEM 11.1. ATTACHMENT 6
Resolution No. XX-2022 Page 3 of 4
C. Finding: In the case of amendments to the General Plan map, the site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provisions of utilities) for the requested/anticipated land use developments.

Evidence: The site is physically suitable for the proposed density of development. The proposed plan is consistent with the General Plan conceptual Grant Line West Planning Area. Natural Resource areas have been avoided to the extent possible. The proposed circulation plan enhances and expands roadway systems in the area with connections to existing roads. The project land use uses are consistent with the surrounding areas that includes residential and natural resources designations. The project infrastructure that includes utilities will connect into existing infrastructure. The removal of Centennial Drive from the project site as depicted on Figure C-1 of the General Plan was thoroughly analyzed in the EIR. It was concluded that the removal of this section of Centennial Drive would not create inconsistencies with the roadway network LOS standards. In addition, the project is consistent with several of the General Plan goals as stated above. The amendment to the Safety Element is merely a text addition to include language and a link to the approved Local Hazard Mitigation Plan (LHMP).

D. Finding: The proposed project has been reviewed in compliance with the provisions of CEQA.

Evidence: The Preserve Environmental Impact Report identifies all known and protected resources within the project area. Required protection and mitigation measures have been incorporated into The Preserve Mitigation Monitoring Report Program. The Preserve project is consistent with the General Pan Natural Resources Element Goals NR-2, and NR-3 regarding protection and preservation of wildlife, plant habitats, wetlands and creek corridors. The amendment to the Safety Element is merely a text addition to include language and a link to the approved Local Hazard Mitigation Plan (LHMP) and is considered to be exempt from CEQA pursuant to Section 15601(b)(3).

The City Council approves the attached General Plan Amendment as shown in (Exhibit’s A) Land Use Map; (Exhibit B) Circulation Map and (Exhibit C) Safety Element, as attached.

Section 7. EFFECTIVE DATE.

This Resolution shall become effective upon the effective date of City Council Ordinance No. XX-2022 adopting The Preserve Project Rezone.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova this 4th day of April 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ITEM 11.1. ATTACHMENT 6
Resolution No. XX-2022 Page 4 of 4
____________________________
Donald Terry, Mayor
ATTEST:

Stacy Leitner, CMC
City Clerk

GENERAL PLAN AMENDMENT FOR

THE PRESERVE

CITY OF RANCHO CORDOVA, CALIFORNIA
MARCH, 2022 SCALE 1"=600'
PAGE 1 OF 1

EXISTING GENERAL PLAN PROPOSED GENERAL PLAN
ITEM 11.1. ATTACHMENT 7 Exhibit A to the Resolution

ITEM 11.1. ATTACHMENT 8
Exhibit B to the Resolution

R ELATED PLANS AND P ROGRAMS
The Safety Element relates to several other plans and programs, including the following:
• Plans and activities of the Federal Emergency Management Agency (FEMA).

FEMA is the federal agency charged with preparing the nation for all hazards and effectively managing federal responses and recovery efforts following any national incident (e.g., major flood, earthquake, tornado, hurricane). FEMA also initiates proactive mitigation activities, trains first responders, and manages the National Flood Insurance Program and the U.S. Fire Administration. FEMA will coordinate with the City’s designated emergency responders. • Governor’s Office of Emergency Services (OES). The OES coordinates overall state agency response to major disasters in support of local government. The office is responsible for assuring the state’s readiness to respond to and recover from natural, manmade, and war-caused emergencies, and for assisting local governments in their emergency preparedness, response and recovery efforts. OES Headquarters is located in the City of Rancho Cordova and they will review and support the City’s adoption of a local Emergency Management Plan.
• California Environmental Quality Act (CEQA). CEQA is the State’s environmental review process that requires public agencies to identify the significant environmental effects of a project, including potential safety hazards, and either avoid the significant environmental effects, where feasible, or mitigate the significant environmental effects, where feasible. All qualifying projects within the Rancho Cordova General Plan Planning Area will be subject to environmental analysis consistent with CEQA.

Multi-Jurisdictional Local Hazard Mitigation Plan (LHMP). The LHMP assesses natural hazards of concern to Sacramento County and Cities within; evaluates risk to life safety, public health, property, and the environment; and evaluates mitigation measures to reduce these risks and vulnerabilities, minimize losses and increase community resilience. The Local Hazard Mitigation Plan (LHMP) for Sacramento County planning area was developed in accordance with the Disaster Mitigation Act of 2000 (DMA 2000) and followed FEMA’s 2011 Local Hazard Mitigation Plan guidance. The LHMP incorporates a process where hazards are identified and profiled, the people and facilities at risk are analyzed, and mitigation actions are developed to reduce or eliminate hazard risk. The implementation of these mitigation actions, which include both short and long-term strategies, involve planning, policy changes, programs, projects, and other activities. (Add website link to the LHMP). • Local Emergency Management Plan. As provided for in State law, local jurisdictions are required to establish plans and ordinances addressing emergency management operations. This includes identifying hazards that may pose a major threat to the City and how to address these potential threats should an emergency occur. OES provides requirements and guidelines for such plans.

ITEM 11.1. ATTACHMENT 9 Exhibit C to the Resolution

ITEM 11.1. ATTACHMENT 10
Ordinance No. XX-2022 Page 1 of 3

CITY OF RANCHO CORDOVA
ORDINANCE NO. XX-2022

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA REZONING THE PRESERVE PROPERTY FROM AGRICULTURAL 80 AND INDUSTRIAL RESERVE TO RESIDENTIAL DENSITY 5 (RD-5)
THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA DOES ORDAIN AS FOLLOWS:

WHEREAS, The Preserve, is located in the eastern part of the City, is envisioned as an integral part of the City; and
WHEREAS, The Preserve (“Project”) includes subdivision of 279.3 acres to develop 439 single-family residences and associated parks, open space areas, and infrastructure to support the community. Of the 279.3 acres within the project site, 185.3 acres of currently undeveloped land on the northern parcels would remain as open space following development of the Project. A total of 8.65 acres are planned for two park areas located at the northern end of the development area, and an additional 9.77 acres of land would be designated Community Space. Finally, 0.45-acre of the project site would be designated green infrastructure which would include enhanced landscaped areas and trails with connection to the surrounding parks. Off-site improvements could be required, such as utility connection or road development to the east of the site boundary, as well as along Raymer Way up to the intersection with Grant Line Road. Other off-site improvements could include expansion of the roadway or modifications to Morrison Creek; and
WHEREAS, The Preserve proposed zoning of RD-5, is consistent with the Grant Line West Planning Area conceptual plan in the General Plan; and WHEREAS, the environmental review of The Preserve Project commenced with the release of the Notice of Preparation on October 25, 2019 to public agencies and interested parties for consultation on the scope of the EIR; and
WHEREAS, a Draft Environmental Impact Report (“Draft EIR”) was released for a 45- day public and agency review on November 9, 2021. The Draft EIR assesses the potential environmental effects of implementation of the Project, identifies means to eliminate or reduce potential adverse impacts, and evaluates a reasonable range of alternatives to the Project; and WHEREAS, on April 4, 2022, the City Council held a properly noticed public hearing at which it received a report from City Staff regarding The Ranch Special Planning Area and oral and written testimony from the public, and deliberated on the item; and WHEREAS, the public hearing was noticed in accordance with the requirements set forth in Government Code section 65090 and 65091.

NOW THERFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA DOES ORDAIN AS FOLLOWS:

Section 1. Recitals.

ITEM 11.1. ATTACHMENT 10
Ordinance No. XX-2022 Page 2 of 3
The foregoing recitals are true and correct and made a part of this Ordinance Section 2: Rezone Findings.

A. Finding: The proposed amendment is internally consistent with the General Plan.

Evidence: The project is consistent with the General Plan Amendment in that; It would Consolidate the remaining parcels in the Grant Line West Planning Area of the City of Rancho Cordova General Plan in a manner that concentrates development south of Morrison Creek to avoid and minimize potential conflicts with the South Sacramento Habitat Conservation Plan. Develop a residential mixed-density community that is consistent with the General Plan conceptual land use designation for the Grant Line West Planning Area.

Develop a residential community that is contiguous to and compatible with adjacent existing development and that provides a range of housing choices. Utilize existing utility capacity for maximum efficiency. Develop a residential community that can provide timely housing to help meet current demand during a period of housing shortages in the region and throughout the State. Contribute to the overall bicycle and pedestrian connectivity of the City by building key components of the regional trail system and providing strong connections for both existing and future residents. Enhance the City’s network of parks, trails and open spaces for the enjoyment of all residents.

B. Finding The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Evidence: The proposed Project will not be detrimental to the public interest, health, safety, convenience, or welfare of the City as the project is expected to result in an improved jobs/housing ratio than what currently exists and includes the designation of public uses including parks and other public or quasi-public uses. The Preserve Project integrates sustainable development practices by preserving a large area of land containing various species and habitats to the north of the proposed residential development. It is a similar development pattern as the project to the south, known as Camden at Somerset Ranch.

C. Finding: CEQA Compliance.

Evidence : In compliance with the California Environmental Quality Act (“CEQA”), on April 4, 2022, by Resolution, the City certified the Preserve Project EIR (State Clearinghouse #2019100515) adopted environmental findings pursuant to CEQA guidelines Section 15091, adopted a statement of overriding considerations, and adopted a mitigation monitoring program for The Preserve project.

D. Finding: If a map amendment the site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses and provisions of utilities) for the requested zoning code.

E.

Evidence: The Preserve Project is not a map amendment. However, site is physically suitable for the proposed density of development. The proposed plan is consistent with the General Plan conceptual Grant Line West Planning Area. Natural Resource areas have been avoided to the extent possible. The proposed circulation plan enhances and expands roadway systems in the area with connections to existing roads. The project land use uses are consistent with the surrounding areas that includes residential and natural resources

ITEM 11.1. ATTACHMENT 10
Ordinance No. XX-2022 Page 3 of 3
designations. The project infrastructure that includes utilities will connect into existing infrastructure.

F. Finding: If a text amendment, the amendment is internally consistent with the other applicable provisions in the zoning code.

Evidence: A text amendment is not part of The Preserve Project.

Section 3: Adoption of the Rezone
The City Council hereby adopts the Rezone of The Preserve, attached as Exhibit A.

Section 4: Severability.

If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this Ordinance that can be given effect without the invalid provision and, to this end, the provisions of this Ordinance are severable. This City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance enforced.

Section 5: Publication and 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 adoption.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova this ______ day of ______________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Donald Terry, Mayor
ATTEST:

Stacey Leitner, CMC
City Clerk

REZONE FOR

THE PRESERVE

CITY OF RANCHO CORDOVA, CALIFORNIA
MAY, 2021 SCALE 1"=600'
PAGE 1 OF 1

EXISTING ZONING PROPOSED ZONING
ITEM 11.1. ATTACHMENT 11 Exhibit A to the Ordinance

ITEM 11.1. ATTACHMENT 12
Resolution No. XX-2022 Page 1 of 3

CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA

APPROVING A TENTATIVE SUBDIVISION MAP FOR THE PRESERVE PROJECT ASSESSOR PARCEL NUMBER APNS 073-0010-010 & 011 AND 072-0300-001, 002, 005, AND 008 PROJECT NO. DD9835
WHEREAS, the property referred to as The Preserve (“Project”) is proposed by Winn Communities, referred to as “Applicant”; and
WHEREAS, The Preserve project is planned as a 439 single family development, with parks/open space, natural resources, trails and associated infrastructure and roads on approximately 279-acres in the City; and
WHEREAS, the tentative subdivision map meets the requirements of the Subdivision Map Act and the Rancho Cordova Municipal Code as set forth in findings below, and the City Council has conducted a properly noticed public hearing for the approval of the Tentative Subdivision Map attached hereto in accordance with the Subdivision Map Act requirements; and WHEREAS, on April 4, 2022, the City Council held a properly noticed public hearing at which it received a report from City Staff regarding The Preserve Project and oral and written testimony from the public, and deliberated on the item; and WHEREAS, the public hearing was noticed in accordance with the requirements set forth in Government Code section 65090 and 65091.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA HEREBY RESOLVES AS FOLLOWS:

Section 1. FINDINGS
In accordance with Government Code section 66473.5, the proposed Tentative Subdivision Map with attached Conditions of Approval (“Tentative Map”) attached hereto is consistent with the applicable General and Specific Plan objectives, policies, land uses and programs. Section 66474 of the Government Code requires a City to deny approval of a tentative map if any of the findings are found to be true. In the case of the proposed map, none of the required findings were found to be true. The following evidence supports the map request:

1. Finding: That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451.

Evidence: The proposed project is consistent with the proposed General Plan Amendment for The Preserve Project land use designation. The proposed map, which includes 439 lots, is consistent with the land use designation of Low Density Residential. The overall density is within the 4.1-5.0 dwelling units per acre range. While the proposed density is less intense than what the General Plan had initially contemplated, the density preserve the natural resources and habitat north of the Project site.

ITEM 11.1. ATTACHMENT 12
Resolution No. XX-2022 Page 2 of 3

2. Finding: That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

Evidence: The proposed Tentative Subdivision Map is consistent with the proposed General Plan Amendment designation of Low Density Residential. The overall layout of the site provides connections to existing roadways and the subdivision to the south. The overall density is within the 4.1-5.0 dwelling units per acre range. While the proposed density is less intense than what the General Plan had initially contemplated, the density preserve the natural resources and habitat north of the Project site.

3. Finding: That the site is not physically suitable for the type of development.

Evidence: The site is physically suitable to subdivide. The existing properties will be split into 439 single family residential lots. It will also include amenities such as parks, community spaces and green infrastructure. The site can be adequately served by all necessary utilities and will provide the appropriate roadway connections.

4. Finding: That the site is not physically suitable for the proposed density of development.

Evidence: The site is physically suitable for the proposed density of development. The proposed RD-5 density meets the density range of 4.1-5.0 dwelling units per acre. The proposed subdivision map is consistent with the proposed General Plan designation.

Improvements are provided as shown on the Tentative Subdivision Map.

5. Finding: That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

Evidence: An Environmental Impact Report was prepared for The Preserve project DD9835 where the construction of single-family lots, parks/open space, and the protection of natural resources were addressed in accordance with the requirements of the California Environmental Quality Act (CEQA). The Draft EIR contains a description of the Project, description of the environmental setting, identification of project impacts, and mitigation measures for impacts found to be significant, as well as an analysis of project alternatives, identification of significant irreversible environmental changes, growth-inducing impacts, and cumulative impacts. The Draft EIR identifies issues determined to have no impact or a lessthan-significant impact and provides analysis of potentially significant and significant impacts. The Draft EIR identified the following impacts that were determined to be significant and unavoidable, which requires the City Council to adopt a Statement of Overriding Considerations The proposed project is consistent with the project analyzed in the Environmental Impact Report.

6. Finding: That the design of the subdivision or the type of improvements is not likely to cause serious public health problems.

Evidence: The proposed subdivision has taken into consideration the existing environment and preserving a large area that has significant natural resources and habitat. Proposed development has been planned outside of the protected natural preserve. The proposed Tentative Subdivision Map includes necessary improvements to serve the project. No public health problems will result from approval of the tentative subdivision map.

ITEM 11.1. ATTACHMENT 12
Resolution No. XX-2022 Page 3 of 3

7. Finding: That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the legislative body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public.

Evidence: The proposed improvements on the tentative subdivision map and included within the project are consistent with the City of Rancho Cordova Ordinances and Standards and do not conflict with public easements and related necessary access through the project.

The streets proposed include public streets.

B. Approval.

The City Council approves the attached Tentative Subdivision Map (Exhibit A) for The Preserve Project with attached conditions of approval (Exhibit B) as attached.

Section 7. EFFECTIVE DATE.

This Resolution shall become effective upon the effective date of City Council Ordinance No. XX-2022 adopting The Preserve Project Rezone.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova this 4th day of April 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
Donald Terry, Mayor
ATTEST:

Stacy Leitner, CMC
City Clerk

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222 221 220 219 218 217 216
224 225 226 227 228 229 230
238 237 236 235 234 233 232
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393

5.0'

38.0'

12.5' PUE

1.5%

5.0' 32.0' 5.0'

42.0'

1.5% 2.0% 2.0%

12.5' PUE
(6' PUE* @ SIDES)

12.5' PUE
SWK SWK (6' PUE* @ SIDES)
42' RIGHT OF WAY

RESIDENTIAL STREET NOT TO SCALE

50.0'

4.0' 6.0' 6.0' 4.0'

SWK PKWY PKWY SWK

10.0' 10.0' PE & LE PE & LE
50' RIGHT OF WAY

EDINGTON DRIVE EXTENSION NOT TO SCALE

1.5% 2.0% 2.0% 1.5%

1.5%

8.0'

1.5% 2.0% 2.0%
SWK
38' RIGHT OF WAY

RESIDENTIAL STREET NOT TO SCALE

8.0'
SIDEWALK PKWY (6' PUE* @ SIDES)

33.0'

6.0' PUE
A
B
E

5.0' 8.0'
PKWY

8.0'

SWK SIDEWALK

38.0'

1.5%

1.5%
38' RIGHT OF WAY

EDINGTON DRIVE EXTENSION NOT TO SCALE

12.5' PUE
(6' PUE* @ SIDES)
D

2.0% 2.0%

5.0'
SWK

1.5%
38' RIGHT OF WAY

RESIDENTIAL COLLECTOR STREET NOT TO SCALE

12.5' PUE
(6' PUE* @ SIDES)
C

2.0% 2.0%

8.0'

SIDEWALK

38.0'

1.5%

14.0'

PE & LE

12.5' PUE

12.5'
(6' PUE* @ SIDES)

54.0'
EG

EXISTING RAYMER WAY NOT TO SCALE

2.0% 2.0%
F

15.0' EOP 15.0' EOP

3.0' 3.0'
HINGE
POINT
HINGE
POINT

9.0' 9.0'

27.0' 27.0'
EG

12.5' PUE
(6' PUE* @ SIDES)

6.0'

22.0'

PE & LE

22.0' PE & LE

6.0'

6.0'
* WIDTH AS REQUIRED BY SERVICING UTILITIES (12.5' MAX)
* WIDTH AS REQUIRED BY SERVICING UTILITIES (12.5' MAX)
* WIDTH AS REQUIRED BY SERVICING UTILITIES (12.5' MAX)
* WIDTH AS REQUIRED BY SERVICING UTILITIES (12.5' MAX)
BC BC

PL/RW PL/RW
BC/
RW
BC
PL/RW
TYPE 2 CURB &

GUTTER PER COUNTY
STANDARDS (TYP.)
TYPE 2 CURB &

GUTTER PER COUNTY

STANDARDS
BC/
RW
TYPE 1A CURB &

GUTTER PER COUNTY
STANDARDS (TYP.)
BC/RW
BC/RW
TYPE 2 CURB &

GUTTER PER COUNTY

STANDARDS
PL/RW

PL/RW BC/RW
TYPE 2 CURB &

GUTTER PER COUNTY
STANDARDS (TYP.)
TYPE 2 CURB &

GUTTER PER COUNTY

STANDARDS
TYPE 1A CURB &

GUTTER PER COUNTY

STANDARDS
RW

EX AC (3")

EX AB (9")

EX ROADSIDE SWALE
RW

EX ROADSIDE DITCH
TYPE 1A CURB &

GUTTER PER COUNTY
STANDARDS (TYP.)
TYPE 1A CURB &

GUTTER PER COUNTY
STANDARDS (TYP.)
PUE*/
PKWY
PKWY
PKWY
NOTE :

WHERE ADJACENT TO PARK 1, MONOLITHIC CURB SHALL BE
TYPE 2 WITH SIDEWALK.
40' RIGHT OF WAY

RAYMER WAY G NOT TO SCALE

8.0'

1.5% 2.0% 2.0%

14.0'
TRAIL
54' EXISTING RIGHT OF WAY

RAYMER WAY H NOT TO SCALE

8.0'

54.0'

1.5% 2.0% 2.0%

8.0'
SWK

36.0'

54.0'

36.0'
54' EXISTING RIGHT OF WAY

RAYMER WAY NOT TO SCALE I

1.5%

4.0' 32.0' 4.0'

40.0'

1.5% 2.0% 2.0%

12.5' PUE 12.5' PUE

SWK SWK
PKWY
PKWY
EG

PUBLIC ACCESS

EASEMENT

PUBLIC ACCESS

EASEMENT

CONSTRUCTION

EASEMENT

8.0'
PKWY

1.5%
EG

CONSTRUCTION

EASEMENT

8.0'
PKWY

1.5%
(6' PUE* @ SIDES) (6' PUE* @ SIDES)
* WIDTH AS REQUIRED BY SERVICING UTILITIES (12.5' MAX)
BC BC

EX RW
BC BC
BC BC

PL/RW PL/RW
TYPE 1A CURB &

GUTTER PER COUNTY
STANDARDS (TYP.)
TYPE 2 CURB &

GUTTER PER COUNTY
STANDARDS (TYP.)
TYPE 2 CURB &

GUTTER PER COUNTY
STANDARDS (TYP.)

SLURRY SEAL

EXISTING

ROADWAY

EX RW

EX RW EX RW

EX EOP (TYP)

EX EOP (TYP)

EX ROADWAY

SECTION

RELOCATION OF

EX ROADSIDE
SWALE

EX ROADWAY

SECTION

SLURRY SEAL

EXISTING

ROADWAY

EXISTING
GROUND

EXISTING
GROUND

RELOCATION OF

EX ROADSIDE
SWALE
10' PAVED WITH 2'

DG SHOULDERS

BIO RETENTION FACILITY
VARIES

20.0' 6.0' VARIES
16' / 14'
TRAIL
PAD

TYPICAL BASIN SECTION NOT TO SCALE J
PL/RW
3:1 TO BIO RETENTION
2:1
3:1
MAX
MAX

WETLAND FENCING

WHERE REQUIRED

POST AND CABLE FENCE
(1' FROM TOP OF SLOPE)

EXISTING
GROUND
12' PAVED WITH TWO 2'

DG SHOULDERS

AROUND BASINS
10' PAVED WITH 2' DG

SHOULDERS AROUND

PARKS AND OPEN SPACE

PL THE PRESERVE

TENTATIVE SUBDIVISION MAP

CITY OF RANCHO CORDOVA, CALIFORNIA
ITEM 11.1. ATTACHMENT 13 Exhibit A to the Resolution

THE PRESERVE

KEY MAP - REFERENCE SHEETS

CITY OF RANCHO CORDOVA, CALIFORNIA

THE PRESERVE

TENTATIVE MAP

REFERENCE SHEETS
1 2
206 205 204 203 202 201 200 199 198 197 196 195 194
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252 251 250 249 248 247
76 75
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341 342 343 344 345 346 347 348 349 350
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392 391 390 389 388 387 386 385 384 383 382 381 380
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317 316 315 314 313 312 311 310 309 308 307 306 305 304 318
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254 253
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134 135 136 137 138 139 140 141
149 148 147 146 145 144 143
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165 164 163 162 161 160 159
167 168 169 170 171 172 173
181 180 179 178 177 176 175
183 184 185 186 187 188 189
193 192 191
41 42 43 44 45 46
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393
ITEM 11.1. ATTACHMENT 13 Exhibit A to the Resolution

THE PRESERVE

TYPICAL LOTS & STREET CROSS SECTIONS

CITY OF RANCHO CORDOVA, CALIFORNIA

1.5%

5.0' 32.0' 5.0'

42.0'

1.5% 2.0% 2.0%

12.5' PUE
(6' PUE* @ SIDES)

12.5' PUE
SWK SWK (6' PUE* @ SIDES)
42' RIGHT OF WAY

RESIDENTIAL STREET A NOT TO SCALE
* WIDTH AS REQUIRED BY SERVICING UTILITIES (12.5' MAX)
BC BC

PL/RW PL/RW
TYPE 1A CURB &

GUTTER PER COUNTY
STANDARDS (TYP.)
NOTE :

WHERE ADJACENT TO PARK 1, MONOLITHIC CURB SHALL BE
TYPE 2 WITH SIDEWALK.

5.0' 8.0'
PKWY

8.0'

SWK SIDEWALK

38.0'

1.5%

1.5%
38' RIGHT OF WAY

EDINGTON DRIVE EXTENSION NOT TO SCALE

12.5' PUE
(6' PUE* @ SIDES)
D

2.0% 2.0%

6.0'

22.0'

PE & LE
* WIDTH AS REQUIRED BY SERVICING UTILITIES (12.5' MAX)
BC/RW
TYPE 2 CURB &

GUTTER PER COUNTY

STANDARDS
PL/RW
TYPE 1A CURB &

GUTTER PER COUNTY

STANDARDS
PUE*/
PKWY

TYPICAL GRADING SECTION NOT TO SCALE J

TYPICAL GRADING SECTION L NOT TO SCALE

TYPICAL GRADING SECTION N NOT TO SCALE

TYPICAL GRADING SECTION NOT TO SCALE P
SFD - 45'x90' (4,050 SF)
SETBACKS:

FRONT GENERAL - 18' (MAY BE AMENDED IN DESIGN REVIEW)
FRONT LIVING AREA - 14'
SIDE INTERIOR - 5'
SIDE STREET CORNER - 12.5'
REAR GENERAL - 18'
LOT COVERAGE (MAX) - 75% 18' 20'
5' 5'
18'

12.5'
20'
5'
TYP. INTERIOR LOT TYP. CORNER LOT
SFD - 55'x105' (5,775 SF)
SETBACKS:

FRONT GARAGE - 20'
FRONT LIVING AREA - 14'
SIDE INTERIOR - 5'
SIDE STREET CORNER - 12.5'
REAR GENERAL - 20'
LOT COVERAGE (MAX) - 75% 14' 20'
5' 5'
20'

12.5' 5'
TYP. INTERIOR LOT TYP. CORNER LOT 20' 14' 20'
SFD - 45'x105' (4,725 SF)
SETBACKS:

FRONT GARAGE - 20'
FRONT LIVING AREA - 14'
SIDE INTERIOR - 5'
SIDE STREET CORNER - 12.5'
REAR GENERAL - 20'
LOT COVERAGE (MAX) - 75% 20'
5' 5'
21'

12.5' 5'
TYP. INTERIOR LOT TYP. CORNER LOT 14' 20' 14' 20'

5.0'

38.0'

12.5' PUE

1.5%

8.0'

1.5% 2.0% 2.0%
SWK
38' RIGHT OF WAY

RESIDENTIAL STREET NOT TO SCALE

8.0'
SIDEWALK PKWY (6' PUE* @ SIDES)

33.0'
B

12.5' PUE
(6' PUE* @ SIDES) 22.0' PE & LE

6.0'
* WIDTH AS REQUIRED BY SERVICING UTILITIES (12.5' MAX)
BC
PL/RW
TYPE 2 CURB &

GUTTER PER COUNTY
STANDARDS (TYP.)
BC/RW
TYPE 1A CURB &

GUTTER PER COUNTY
STANDARDS (TYP.)
PKWY

5.0'
SWK

1.5%
38' RIGHT OF WAY

RESIDENTIAL COLLECTOR STREET NOT TO SCALE

12.5' PUE
(6' PUE* @ SIDES)
C

2.0% 2.0%

8.0'

SIDEWALK

38.0'

1.5%

14.0'

PE & LE

12.5'
(6' PUE* @ SIDES)

6.0'
* WIDTH AS REQUIRED BY SERVICING UTILITIES (12.5' MAX)

PL/RW BC/RW
TYPE 2 CURB &

GUTTER PER COUNTY
STANDARDS (TYP.)
TYPE 1A CURB &

GUTTER PER COUNTY
STANDARDS (TYP.)
PKWY

50.0'

4.0' 6.0' 6.0' 4.0'

SWK PKWY PKWY SWK

10.0' 10.0' PE & LE PE & LE
50' RIGHT OF WAY

EDINGTON DRIVE EXTENSION NOT TO SCALE

1.5% 2.0% 2.0% 1.5%

6.0' PUE
E

12.5' PUE
BC/
RW
TYPE 2 CURB &

GUTTER PER COUNTY

STANDARDS
BC/
RW
TYPE 2 CURB &

GUTTER PER COUNTY

STANDARDS

54.0'
EG

EXISTING RAYMER WAY NOT TO SCALE

2.0% 2.0%
F

15.0' EOP 15.0' EOP

3.0' 3.0'
HINGE
POINT
HINGE
POINT

9.0' 9.0'

27.0' 27.0'
EG
RW

EX AC (3")

EX AB (9")

EX ROADSIDE SWALE
RW

EX ROADSIDE DITCH
40' RIGHT OF WAY

RAYMER WAY G NOT TO SCALE

1.5%

4.0' 32.0' 4.0'

40.0'

1.5% 2.0% 2.0%

12.5' PUE 12.5' PUE
(6' PUE* @ SIDES) SWK SWK (6' PUE* @ SIDES)
* WIDTH AS REQUIRED BY SERVICING UTILITIES (12.5' MAX)
BC BC

PL/RW PL/RW
TYPE 1A CURB &

GUTTER PER COUNTY
STANDARDS (TYP.)

8.0'

1.5% 2.0% 2.0%

14.0'
TRAIL
54' EXISTING RIGHT OF WAY

RAYMER WAY H NOT TO SCALE

54.0'

36.0'
PKWY

PUBLIC ACCESS

EASEMENT
EG

CONSTRUCTION

EASEMENT

8.0'
PKWY

1.5%
BC BC

EX RW
TYPE 2 CURB &

GUTTER PER COUNTY
STANDARDS (TYP.)

EX RW

EX EOP (TYP)

EX ROADWAY

SECTION

SLURRY SEAL

EXISTING

ROADWAY

EXISTING
GROUND

RELOCATION OF

EX ROADSIDE
SWALE
10' PAVED WITH 2'

DG SHOULDERS

8.0'

54.0'

1.5% 2.0% 2.0%

8.0'
SWK

36.0'
54' EXISTING RIGHT OF WAY

RAYMER WAY NOT TO SCALE I
PKWY
EG

PUBLIC ACCESS

EASEMENT

CONSTRUCTION

EASEMENT

8.0'
PKWY

1.5%
BC BC
TYPE 2 CURB &

GUTTER PER COUNTY
STANDARDS (TYP.)

SLURRY SEAL

EXISTING

ROADWAY

EX RW EX RW

EX EOP (TYP)

EX ROADWAY

SECTION

RELOCATION OF

EX ROADSIDE
SWALE

EXISTING
GROUND

TYPICAL GRADING SECTION K NOT TO SCALE

TYPICAL GRADING SECTION M NOT TO SCALE

TYPICAL GRADING SECTION O NOT TO SCALE
ITEM 11.1. ATTACHMENT 13 Exhibit A to the Resolution

THE PRESERVE
SUBDIVISION LAYOUT PLAN - L.1

CITY OF RANCHO CORDOVA, CALIFORNIA
206 205 204 203 202 201
208 209 210 211 212 2
222 221 220 219 218 217 2
224 225 226 227 228 2
401 402
403
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405
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413 412 411 410 409 408 407
414
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417 418 419 420 421
422
434
435
436
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364 363 362 361 360 359 358 357 356 355 354 353 352
366 367 368 369 370 371 372 373 374 375 376 377 378
392 391 390 389 388 387 386 385 384 383 382 381 380
394 395 396 397 398 399 400
316 315 314 313 312 311 310 309 308 307 306 305 304 317 318
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328 329
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282
283
284 285
286
287
288
289
290
291
292
293
294
295
296
297 303 302 301 300 299 298
207
223
337
351
365
379
393
ITEM 11.1. ATTACHMENT 13 Exhibit A to the Resolution

THE PRESERVE
SUBDIVISION LAYOUT PLAN - L.2

CITY OF RANCHO CORDOVA, CALIFORNIA
222 221 220 219 218 217 2
224 225 226 227 228 2
238 237 236 235 234 233 2
240 241 242 243 244 2
252 251 250 249 2
406
416
417 418 419 420 421
422
423
427 426 425 424 428 429
430
431
432
433
434
435
436
336
254 253
255
256
257
258
259
260
261
262
268 269 270 271 272 273 274 275
276
278 277
279
280
281
282
223
239
ITEM 11.1. ATTACHMENT 13 Exhibit A to the Resolution

THE PRESERVE
SUBDIVISION LAYOUT PLAN - L.3

CITY OF RANCHO CORDOVA, CALIFORNIA
1 200 199 198 197 196 195 194
2 213 214
7 216 76 75
77 78
79 80
81 82
83 84
85 86
87 88
89 90
91 92
93 94
95 96
97 98
99 100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116 181 180 179 178 177 176 175
183 184 185 186 187 188 189
193 192 191
70 71
72 73
74 174
182
190
215 ITEM 11.1. ATTACHMENT 13
Exhibit A to the Resolution

THE PRESERVE
SUBDIVISION LAYOUT PLAN - L.4

CITY OF RANCHO CORDOVA, CALIFORNIA
1 2
7 216
8 229 230
3 232
4 245 246
9 248 247
76 75 116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134 135 136 137 138 139 140 141
149 148 147 146 145 144 143
151 152 153 154 155 156 157
165 164 163 162 161 160 159
167 168 169 170 171 172 173
181 180 179 178 177 176 175
41 42 43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 58 59 61 60
62 63 64
65 66
67 68
69 73
74 3 4 5 6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37 39 38 142 40
150
158
166
215 174
231
ITEM 11.1. ATTACHMENT 13 Exhibit A to the Resolution

THE PRESERVE
SUBDIVISION LAYOUT PLAN - L.5

CITY OF RANCHO CORDOVA, CALIFORNIA
125
126
127
128
129
130
131
132
133
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
30 31
32 33
ITEM 11.1. ATTACHMENT 13 Exhibit A to the Resolution

THE PRESERVE

EXISTING CONDITIONS PLAN

CITY OF RANCHO CORDOVA, CALIFORNIA

GRANT LINE ROAD

MORRISON CREEK

GRANT LINE ROAD

RAYMER WAY

MORRISON CREEK
ITEM 11.1. ATTACHMENT 13 Exhibit A to the Resolution

THE PRESERVE

EXISTING CONDITIONS PLAN

CITY OF RANCHO CORDOVA, CALIFORNIA GRANT LINE ROAD

RAYMER WAY
ITEM 11.1. ATTACHMENT 13 Exhibit A to the Resolution

THE PRESERVE

PARKS EXHIBIT

CITY OF RANCHO CORDOVA, CALIFORNIA

CREEK CENTERLINE

MORRISON CREEK

CREEK CENTERLINE

MORRISON CREEK

CREEK CENTERLINE

MORRISON CREEK
ITEM 11.1. ATTACHMENT 13 Exhibit A to the Resolution

THE PRESERVE

MAINTENANCE EXHIBIT

CITY OF RANCHO CORDOVA, CALIFORNIA

CREEK CENTERLINE

MORRISON CREEK

CREEK CENTERLINE

MORRISON CREEK

CREEK CENTERLINE

MORRISON CREEK
ITEM 11.1. ATTACHMENT 13 Exhibit A to the Resolution

Street ‘D’
Evanston Way
Evanston Way
Barksdale Way
Thornberg Way
Thornberg Way
Rockdale Drive
Solsberry Way
Raymar Way
Raymar Way
Deacon Court
Evanston Way
Manzanola Way
Street ‘D’
Street ‘E’
Street ‘P’ Street ‘P’
Street ‘A’
Street ‘A’
Street ‘C’
Street ‘B’
Street ‘G’
Edington Drive Edington Drive
Street ‘A’
Street ‘I’
Street ‘J’ Street ‘J’
Street ‘H’
Street ‘K’
Street ‘M’
Grant Line Road (Existing)
Street ‘L’
Street ‘I’
Street ‘M’
Raymer Way
1 2 3 4 5 6 7 8
40 51
52 53 54 55 56 57 58 61 60 59
62 63 64 65
50 49
48 47 46 45 44 43 41 42
39 38 37 36 35 34 33 32 31 30
29 28
45’ x 105’ LOTS
(133 LOTS)
55’ x 105’ LOTS
(134 LOTS)
45’ x 90’ LOTS
(172 LOTS)
69 70
82 99
98 97
96 95
94 93
92 91
90 89
88 87 86
85 207 206 205 204 200201202203 199 198 197 196 195 194 193 192 191 83 84 178 176 175
170
223 221222 220 219 218 217 216 182 181 180 179
171 173 174
187
167 168 169
177
224 225 227226 229228 230 231
183 184 185 186 188 189 190
172
208 209 211210 212 213 214 215
239 237238 236 235 234 233 232 166 165 164 163 162 161 160 159 240 241 242 243 244 245 246 247 151 152 153 154 155 156 157 158 150 149 148 147 146 145 144 143
135 136 137 138 139 140 141 142
255 254 253 252 251 250 249 248
81 80 79
66 67
68 76
77 78
71 72 73 74 75
101
102
125
126
127
128
129
130
131
132
133
103
104
105
100
106
107
108
109
110
111
112
113
114
115
121
120
119
118
117
116
122
123
124
338 339 340 341 342 343 344 345 346 347 348 350349 351
316 315 314 313 312 311 310 309 308 307 306 305 304 303 302 301 300 299 320 321 322 319
326 325 324 323
327 328 329 330
318 317
365 364 363 362 361 360 359 358 357 356 355 354 353 352 366 367 368 369 370 371 372 373 374 376375 377 378 379
393 392 391 390 389 388 386387 385 384 383 382 381 380
394 395 396 397 398 399 400 401 402 403
439
440 404
405
406
407 283
282
281
280
284
285 286
262
261
260
259
258
257
256
266
291
292
293
294
295
296
297
298
290
289
288
287
268
267
265
264
263
413 412 410411 409 408
435 422
434
433
432 431 430 429 428 427 426 425
423
424
278279
417 418 419 420 421
416 415 414
437
438
436
269 270 271 272 273 274 275 276 277
331
332
333
334
335
336
337
Edington Drive
Morrison Creek Trail
Morrison Creek Trail
Biorention Area
Biorention Area
Hydromodification Area

PARCEL B

8.61 Ac.

PARCEL 5
29 PM 28

40.19 Ac.

PARCEL A

83.48 Ac.

PARCEL 4
29 PM 28

42.68 Ac.
7 6 4
o
13 12
11 10
9 Street ‘D’
Street ‘G’
Street ‘A’
Street ‘H’
Morrison Creek Trail
CRPD Neighborhood
Park 2

5.8 Ac.

CRPD Neighborhood Park 1

5.38 Ac.

Reinheimer
Trust
Reinheimer Trust
Raymer Way
27 26
25 24
23 22
21 20
14 15
16 17
18 19
M o r r is o nC r e e k
Improvements at Grant Line Road & Raymer Way
Intersection per Conditions of Approval
55’ x 105’ Lots (134)
439 Total
Residential
Lots
Legend
45’ x 105’ Lots (133)
45’ x 90’ Lots (172)
Open Space/Parks
Streets
Winn Communities
Illustrative SitePlan
October 2020 - Torrence Planning
Morrison Creek &
100-Year Flood Plain
February 2022 - Torrence Planning
ITEM 11.1. ATTACHMENT 13 Exhibit A to the Resolution

THE PRESERVE

PARKS EXHIBIT

CITY OF RANCHO CORDOVA, CALIFORNIA

CREEK CENTERLINE

MORRISON CREEK

CREEK CENTERLINE

MORRISON CREEK

CREEK CENTERLINE

MORRISON CREEK
ITEM 11.1. ATTACHMENT 13 Exhibit A to the Resolution

The PRESERVE @ North Douglas
City of Rancho Cordova, CA WIN.18076
Park Site 1 - Conceptual Plan PL1
A PROPOSED PARK AREA 1
A1 MULTI USE SOCCER FIELD-(1) 90 YDS X 50 YDS OR (2) 50 YDS X 35 YDSA2 YOUTH BASEBALL FIELD - 200’ OUTFIELD A3 SMALL YOUTH PLAYGROUND AREA 5-12 AGESA4 CLIMBER PLAY APPARATUSA5 SHADE SHELTER WITH TWO ROOM RESTROOM A6 PICNIC AREA WITH TABLES AND BBQ’SA7 BOCCE COURT (2)A8 1/2 COURT BASKETBALLA9 PICNIC AREA GROVE WITH D.G. SURFACING AND BBQ’SA10 SHADE TREE ALLEEA11 PARKING LOTA12 SHADE STRUCTURE WITH TABLES AND BBQA13 VIEWPOINT WITH BENCH AND 48”HEIGHT RETAINING WALLA14 VEHICULAR MAINTENANCE ACCESS WITH COLLAPSIBLE BOLLARDA15 6’ CONCRETE WALKING PATHA16 INTERPRETIVE VIEWPOINT WITH SHELTER AND BENCH SEATINGA17 SEEDED GRASSES AND NATIVE TREE PLANTING AREAA18 TREES SHRUB AND GROUND COVER PLANTING JANUARY 4, 2022
Morrison Creek
N
A1
A2
A3
A4
A5
A6
A7
A8
A9
A10
A11
A13
A15
A16
A17
A18
A19
A14
ITEM 11.1.

ATTACHMENT 13
Exhibit A to the Resolution

The PRESERVE @ North Douglas
City of Rancho Cordova, CA WIN.18076
B PROPOSED PARK AREA 2
B1 ENTRY PLAZA WITH INTERPRETIVE PANELS-MORRISON CREEK WETLANDSB2 SHELTER OVER INTERPRETIVE SIGNSB3 YOUTH ADVENTURE PLAYGROUND AREA 5-12 AGESB4 YOUTH ADVENTURE TOT LOT AREA 0-4 AGESB5 HILLSIDE SLIDEB6 PICNIC AREA WITH 30’ X 45’ SHADE SHELTER TABLES AND BBQ’SB7 FENCED MULTI USE COURTS - (2) TENNIS COURTS | (2) FUTSOL COURTS | (4) PICKLEBALL COURTSB8 STAIRS DOWNB9 6’ CONCRETE WALK 5% MAXIMUM GRADIENT DOWNB10 OPEN TURF FOR PASSIVE PLAYB11 MOUNDED TURF AND SHRUB AND GROUND COVER AREAB12 DRINKING FOUNTAINB13 VIEWPOINT WITH PICNIC TABLE AND BBQB14 6’ CONCRETE WALKING PATHB15 SWING SETB16 SEEDED GRASSES AND NATIVE TREE PLANTING AREAB17 TREES SHRUB AND GROUND COVER PLANTING AREAB18 COMMUNITY GARDENB19 ON STREET PARKING Eddington Way
Morrison Creek
N
PL2 Park Site 2 - Conceptual Plan JANUARY 4, 2022
B1
B2
B3
B4
B5
B6 B7
B8
B9
B10
B11 B12
B14
B13
B15
B16
B17
B19
B8
B12
B16
B18
ITEM 11.1.

ATTACHMENT 13
Exhibit A to the Resolution

City of Rancho Cordova, CA WIN.18076
March 21, 2022
ILLUSTRATIVE SITE PLAN L1
OF 6
N

VILLAGE ENTRY OFF GRANT LINE ROAD

OPEN SPACE TRAIL

OPEN SPACE TRAIL SECTION A

OPEN SPACE TRAIL SECTION B
Basin
County of Sacramento Boundary
Edington Dr.

Morrison Creek
Grant Line Rd
City of Rancho Cordova Boundary
County of Sacramento Boundary
City of Rancho Cordova Boundary
County of Sacramento Boundary
City of Rancho Cordova Boundary City of Rancho Cordova Boundary NOTE:

All amenities and imagery depicted herein are conceptual in nature, and are only illustrated here for the purposes of showing design intent and functional relationships within the proposed land plan for The Preserves at the time of this graphic illustration.

Raymer Way
Street ‘H’
Hillside Park
Basin
Basin
B A
PARK
AREA 1
Preserve
180 ac.

PARK
AREA 2
Village
Entry
Paseo Paseo

6.23 3.99
ITEM 11.1. ATTACHMENT 13 Exhibit A to the Resolution

City of Rancho Cordova, CA WIN.18076
March 21, 2022
ILLUSTRATIVE AMENTITIES L2
OF 2
N

OPEN SPACE TRAIL AMENTITES PASEO - PEDESTRIAN CONNECTIVITY PARK SITE 2
PARK SITE 1
PARK
PARK AREA 1
AREA 2
ITEM 11.1. ATTACHMENT 13 Exhibit A to the Resolution

City of Rancho Cordova, CA WIN.18076
March 21, 2022
COMMUNITY PLACES-CONCEPTUAL WAYFINDING L3
OF 6
N
E-Vernal Pool Pathway
J-Orcutt Grass view bench
H Resource education interpretive “room”
and picnic spot
A Morrison Creek Headwater Trail Signage with “art” or
climbable art
I Blackbird’s Basin Interpretive signage D Morrison Creek Interpretive Kiosk B Sanford’s Arrowhead Point
C Morrison Creek Vista Point
G Badger Bench - Morrison Ponds
overlook
F Swainson’s Hawk Shelter
K-Turtle Shell turf area
PARK
PARK AREA 1
AREA 2
A
B
C
E D
F
G
H
A
I
J
K
ITEM 11.1. ATTACHMENT 13 Exhibit A to the Resolution

City of Rancho Cordova, CA WIN.18076
March 21, 2022
PARCEL E COMMUNITY PLACES CONCEPTUAL SITE PLAN L4
OF 6
G
ITEM 11.1. ATTACHMENT 13 Exhibit A to the Resolution

City of Rancho Cordova, CA WIN.18076
March 21, 2022
PARCEL G COMMUNITY PLACES CONCEPTUAL SITE PLAN L5
OF 6
G
ITEM 11.1. ATTACHMENT 13 Exhibit A to the Resolution

City of Rancho Cordova, CA WIN.18076
March 21, 2022
PARCEL H COMMUNITY PLACES CONCEPTUAL SITE PLAN L6
OF 6
G
G
ITEM 11.1. ATTACHMENT 13 Exhibit A to the Resolution

ITEM 11.1. ATTACHMENT 13
Exhibit A to the Resolution

ITEM 11.1. ATTACHMENT 13
Exhibit A to the Resolution

ITEM 11.1. ATTACHMENT 13
Exhibit A to the Resolution

ITEM 11.1. ATTACHMENT 14
CONDITIONS OF APPROVAL FOR THE PRESERVE Exhibit B to the Resolution

The Preserve DD9835 April 4, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(date
and
Signature)
On-Going

1. The approved entitlement is for a General Plan Amendment (GPA), Rezone (RZ), Development Agreement, (DA), and Tentative Subdivision Map (TSM), for The Preserve described in the City Council staff report dated April 4, 2022 and project plans (Exhibit A to the Resolution) with the conditions herein, for project number DD9835.

On-Going Planning

2. The Applicant shall hold harmless the City, its Council Members, officers, agents, employees, and representatives from liability for any award, damages, costs and fees incurred by the City and/or awarded to any plaintiff in an action challenging the validity of this permit or any environmental or other documentation related to approval of this permit. Applicant further agrees to provide a defense for the City in any such action.

On-Going Planning

3. The TSM approval is valid for three years from the date of City approval, unless an extension of time is subsequently approved per Government Code Section 66452.6(e), or as otherwise stated in the Project development agreement.

On-Going Planning

4. The project shall comply with the adopted Mitigation Monitoring and Reporting Program for The Preserve project.

On-Going Planning

5. Applicant/Developer shall not carry a negative account balance with the City for the processing of the project. If a negative account balance occurs, it will be the developer's responsibility to pay the balance due, in order to avoid delays in the processing of future permits or recordation of maps. Please email the Finance Department at [email protected] for the status of your account with the City.

On-Going Finance

6. In accordance with Government Code Section 65864 through 65869.5 and Zoning Code 23.158, all active Development
Agreements must maintain a minimum deposit balance of $5,000 On-Going Planning

ITEM 11.1. ATTACHMENT 14
CONDITIONS OF APPROVAL FOR THE PRESERVE Exhibit B to the Resolution

The Preserve DD9835 April 4, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(date
and
Signature)
and report to the Planning Department annually. This report should include the status of the project, payment of fees, and any change in ownership.

7. Applicant shall be responsible for all damage to City streets associated with construction of the project and shall repair any damage as soon as possible.

On-Going Public Works

8. SMUD has existing underground 12kV facilities along Bear Hollow Dr., Zinfandel Dr., and Spoto Dr. that will need to remain. The Applicant shall be responsible for maintaining all CalOSHA and Sate of California Public Utilities Commission General Order No. 128 safety clearances during construction and upon building completion.

If the required clearances cannot be maintained, the Applicant shall be responsible for the cost of relocation.

On-Going SMUD

9. SMUD reserves the right to use any portion of its easements on or adjacent to the subject property that it reasonably needs and shall not be responsible for any damages to the developed property with said easement that unreasonably interferes with those needs.

On-Going SMUD

10. The Applicant shall submit payment as needed for Plan Review/ Plan Check Fees required by the Cordova Recreation and Parks District (CRPD).

On-Going CRPD

11. Noise sources associated with construction, repair, remodeling, demolition, paving and/or grading of any real property must adhere to the development standards outlined within the City’s Noise Element, RCMC 6.68 and RCMC 16.18.1407(F).

On-Going Code
Enforcement/Police
Prior to Recordation of the Final Map

12. Property Owner/Applicant shall participate in or provide a funding mechanism for maintenance services for the project’s stormwater drainage and flood protection system. This may be accomplished through annexation to the City’s Stormwater Utility Fee District, or other financial mechanism as may be proposed and provided by the The annexation
shall occur prior
to the recordation
of any small lot
final map. The
Public Works

ITEM 11.1. ATTACHMENT 14
CONDITIONS OF APPROVAL FOR THE PRESERVE Exhibit B to the Resolution

The Preserve DD9835 April 4, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(date
and
Signature)
Property Owner for the same purpose of providing a funding mechanism to fund the operation and maintenance of the Project’s stormwater drainage and flood protection system. Costs associated with the annexation shall be borne by the Property Owner/Applicant through payment of the annexation costs in the amount of $7,000 per annexation. Contact Elizabeth Sparkman at (916) 851-8714 with regard to the process to satisfy this condition of approval. annual fee
commences when
a building permit
is issued.

13. Enhanced Stormwater Utility Fee Zone. The Project is required to install low impact development measures (LID) for stormwater management pursuant to the City’s state stormwater permit. Prior to recordation of the final Small Lot Subdivision Map, the Developer shall, to the satisfaction of the Public Works Director, either (i) annex into and approve a fee for a new zone in the City’s Stormwater Utility Fee District that shall provide LID maintenance services in the Project, or (ii) establish another financial mechanism to provide LID maintenance services in the Project.

The annexation
shall occur prior
to the recordation
of any small lot
final map. The
annual fee
commences when
a building permit
is issued
Public Works

14. Property Owner/Applicant shall participate in or provide a funding mechanism for maintenance services for the fair share of existing and all new public improvements associated with the project including, but not limited to, streets, bridges/culverts, traffic signals, traffic signs, striping and legends, ITS operations, street lights and safety lighting, public frontage and median and landscape improvements, and trails. This may be accomplished through annexation to the City’s Community Facilities District No. 2014-2 (Street, Lighting and Landscape Maintenance), or other financial mechanism as may be proposed and provided by the Property Owner for the same purpose of providing a financial mechanism to fund the operation and maintenance of the Project’s public improvements. Costs associated with the annexation shall be borne by the Property Owner/Applicant through payment of the annexation costs of the CFD annexation in the amount of $5,000 per The annexation
shall occur prior
to the recordation
of any small lot
final map. The
annual fee
commences when
a building permit
is issued
Public Works

ITEM 11.1. ATTACHMENT 14
CONDITIONS OF APPROVAL FOR THE PRESERVE Exhibit B to the Resolution

The Preserve DD9835 April 4, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(date
and
Signature)
annexation. Contact Elizabeth Sparkman at (916) 851-8714 with regard to the process to satisfy this condition of approval.

15. Property Owner/Applicant shall participate in the provision of funding to provide transit-related services. This may be accomplished by annexation to the City’s Transit Related Services Special Tax Area by voting to approve a special tax for the parcels created for this subdivision approval, or other financial mechanism as may be proposed and provided by the Property Owner for the same purpose of providing a funding mechanism to fund transit-related services.

The tax shall be the per parcel annual amount as specified in an approving ordinance (with appropriate annual inflation adjustment) as established at the time of voting by the City Council. The election to provide for the tax shall be completed prior to the recording of the final map. Costs associated with the annexation and election of the annual tax shall be borne by the Property Owner/Applicant through payment of the annexation costs in the amount of $5,000 per annexation. In addition, the Property Owner shall hold a deed assessment in the form of Conditions, Covenants & Restrictions against the property or other form as shall be approved by the City, which assessment will take effect in the event described in this Condition Approval is reduced or repealed. Contact Elizabeth Sparkman at (916) 851-8714 with regard to the process to satisfy this condition of approval.

The annexation
shall occur prior
to the recordation
of any small lot
final map. The
annual fee
commences when
a building permit
is issued.

Public Works

16. Property Owner/Applicant shall participate in or provide a funding mechanism for maintenance services for the fair share of existing and all new community places and neighborhood greens as required by the City’s Open Space Standards. This may be accomplished through annexation to the City’s Community Facilities District No. 2018-1 (Maintenance of Community Places and Neighborhood The annexation
shall occur prior
to the recordation
of any small lot
final map. The
annual fee
Public Works

ITEM 11.1. ATTACHMENT 14
CONDITIONS OF APPROVAL FOR THE PRESERVE Exhibit B to the Resolution

The Preserve DD9835 April 4, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(date
and
Signature)
Greens), or other financial mechanism as may be proposed and provided by the Property Owner for the same purpose of providing a financial mechanism to fund the operation and maintenance of the Project’s public improvements related to community places and neighborhood greens. Costs associated with the annexation shall be borne by the Property Owner/Applicant through payment of the annexation costs of the CFD annexation in the amount of $7,000 per annexation. Contact Elizabeth Sparkman at (916) 851-8714 with regard to the process to satisfy this condition of approval. commences when
a building permit
is issued.

17. The Landowner shall support the annexation of the Project into the Police Services CFD and cover Landowner’s fair-share costs of the CFD annexation, not to exceed $7,000 for the Property. City agrees that the CFD will provide that on lands designated for all residential land use categories, the base year Police Special Tax shall be $450.00 annually per residential dwelling unit, including multi-family units. The special tax imposed by the CFD will be payable on a parcel within the Property only after a building permit has been issued by City for the construction of a building on that particular parcel, and there will be no undeveloped land tax imposed by the CFD. The CFD shall further provide that on each July 1
commencing July 1, 2012, the Police Special Tax shall be escalated by the increase, if any, in the City CPI Index. However, in no event shall the tax per parcel for any fiscal year be less than the amount established for the prior fiscal year. The CFD shall specify that the Police Special Tax shall commence being payable annually following the issuance of a building permit for each parcel subject to the Police Special Tax.

The annexation
shall occur prior
to the recordation
of any small lot
final map. The
annual fee
commences when
a building permit
is issued.

Finance

18. Enter into a Subdivision Improvement Agreement and provide a performance bond and labor and material bond.

Prior to
Recordation
of the
Subdivision Map
Public Works

ITEM 11.1. ATTACHMENT 14
CONDITIONS OF APPROVAL FOR THE PRESERVE Exhibit B to the Resolution

The Preserve DD9835 April 4, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(date
and
Signature)

19. Prior to recordation of a final map or certificate of compliance, dedicate land or pay in lieu fees, or both, for park purposes, as required by and in accordance with the procedures and standards set forth in Chapter 22.40, Title 22 of the City of Rancho Cordova Zoning Code or as otherwise set forth in a Park Dedication and Improvement Agreement.

Prior to
recordation of
subdivision map
Public Works

20. Dedicate a standard 12.5-foot public utility easement, or smaller to the satisfaction of SMUD, for underground facilities and appurtenancesadjacent to all public street rights of ways Prior to
recordation
of the applicable
small lot final map
Public Works

21. The final map shall show easements or other mapped provisions for the placement of centralized mail delivery units.

Prior to
Recordation
of the
Subdivision Map
Public Works
Prior to Approval of Improvement Plans

22. Prior to any ground disturbance or issuance of grading or improvements plans, the applicant shall obtain a Covered Activities Authorization permit in compliance with the South Sacramento Habitat Conservation Plan (SSHCP).

Prior to issuance
of grading or
improvement
plans
Planning

23. Applicant shall photo-document the condition of adjacent streets, sidewalks and infrastructure to the satisfaction of the Public Works Department.

Prior to approval
of improvement
plans
Public Works

24. Cordovan Shuttle loading/unloading areas shall be identified at the time of Improvement Plan review and shall be placed within proposed right-of-way to the satisfaction of the Public Works Department.

Prior to
Improvement plan
approval
Public Works

25. In cases where the roadway cross-sections are phased, extend all utilities beyond edge of pavement to future roadway build out.

Prior to
Improvement
Plan Approval
Public Works

ITEM 11.1. ATTACHMENT 14
CONDITIONS OF APPROVAL FOR THE PRESERVE Exhibit B to the Resolution

The Preserve DD9835 April 4, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(date
and
Signature)

26. A final landscape plan shall be submitted in conjunction with improvement plan and or building permit submittal and approved by the planning and public works departments prior to issuance of permits and/or any installation of landscape materials RCMC

23.716.020. The final landscape planting and irrigation plan shall be prepared by a registered licensed landscape architect and include the following items per RCMC 22.180.060:
 Planting plan to scale that indicate slope
 Irrigation Plan
 Soils Test
 Water Use Calculations
 Irrigation Schedule
 Permeability test for LID facilities’ locations
 Soil media specifications (LID features)
Prior to approval
of improvement
plans
Public Works

27. Stormwater Quality- Post Construction
The improvement plans shall incorporate all applicable post construction stormwater quality measures; including source control, treatment control, low impact development, hydromodification management, and full capture trash control measures into the site improvement plans in conformance with the most recent version of the Stormwater Quality Design Manual for the Sacramento Region and the approved drainage study dated January 2020. The applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan that includes details and sizing calculations of all the proposed post construction stormwater quality measures. In addition, a maintenance covenant is required for all proposed post construction stormwater quality measures, as detailed in Appendix B of the Stormwater Quality Design Manual for the Sacramento Region.

Prior to approval
of improvement
plans
Public Works

28. Traffic calming shall be designed to the satiscaction of the Public Prior to Public Works

ITEM 11.1. ATTACHMENT 14
CONDITIONS OF APPROVAL FOR THE PRESERVE Exhibit B to the Resolution

The Preserve DD9835 April 4, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(date
and
Signature)
Works Department at the following locations:
 Provide bulb outs, to satisfaction of the Public Works Department, on Edington Drive at the intersections with Street G and Street H.
 Provide bulb outs, to satisfaction of the Public Works Department, on Street H at the intersections with Street I and Street M.

Improvement
Plans

29. All landscape strips, medians, etc. that contain trees shall be designed to include continuous root barriers. Tree species shall be pre-approved by the Public Works Department.

Prior to approval
of improvement
plans
Public Works

30. There are protected onsite trees greater than 12 inches diameter at standard height proposed for removal totaling 311 inches. Trees shall be replaced or mitigated per Rancho Cordova Municipal Code

19.12.120. Tree replacement is one inch per one inch ratio. In-lieu payment is $165 per inch.

Prior to approval
of improvement
plans
Public Works

31. All stormwater basins shall be designed with a natural appearance including meandering non-linear side slopes, and include amenities such as trails and landscaping in accordance with the City’s Open Space Guidelines. Developer shall include a waterline connection and irrigation for landscaping.

Prior to approval
of improvement
plans
Public Works

32. The Stormwater Pollution Prevention Plan in place for the site shall include a contingency plan for the implementation of a process to remove fine clay sediments prior to discharge to The City of Rancho Cordova’s storm drain system and/or Waters of the State (e.g., creeks, rivers) to the satisfaction of the City of Rancho Cordova. A polymer treatment system or comparable process shall be designed in the erosion and sediment control plan of the improvement plans.

This system shall be implemented by qualified professionals with training and proven experience in this field. Such treatment shall be Prior to approval
of improvement
plans.

Public Works

ITEM 11.1. ATTACHMENT 14
CONDITIONS OF APPROVAL FOR THE PRESERVE Exhibit B to the Resolution

The Preserve DD9835 April 4, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(date
and
Signature)
accomplished in a manner that does not pose a toxic threat to fish and other aquatic organisms in receiving waters.

33. Provide a permanent concrete stamp, or other permanently applied message to the satisfaction of the City not including paint, which reads “No Dumping-Flows to Creek” or other approved message at each storm drain inlet
Prior to approval
of improvement
plans.

Public Works

34. The improvement plans shall provide post & cable fencing around basins as required by City of Rancho Cordova Drainage
Maintenance and Planning staff.

Prior to approval
of improvement
plans
Public Works

35. All landscape corridor walls, where required, shall be designed of masonry construction using graffiti resistant materials. Wall design and materials shall be subject to City’s approval and according to the design standards of the Public Works Department.

Prior to approval
of improvement
plans
Public Works and
Planning

36. The drainage impact fees shall be paid to the satisfaction of the City of Rancho Cordova’s Public Works Department.

Prior to approval
of improvement
plans
Public Works

37. Drainage System Design:

The applicant shall submit and obtain City approval of plans and specifications for the construction of public improvements and all grading. The drainage system shall be designed in accordance with the approved Drainage Study to accommodate runoff from the ultimate development and shall meet Section 9 “Storm Drainage Design” of the City of Rancho Cordova’s Improvement Standards, construction standards, and Floodplain Management Ordinances in effect at the time of first submittal of the improvement plans, provided impacts to the site plan do not reduce total lot count for the project.

Prior to approval
of improvement
plans
Public Works

38. Permits:

The applicant shall obtain applicable California Department of Fish Prior to approval
of improvement
Public Works

ITEM 11.1. ATTACHMENT 14
CONDITIONS OF APPROVAL FOR THE PRESERVE Exhibit B to the Resolution

The Preserve DD9835 April 4, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(date
and
Signature)
and Wildlife, U.S. Army Corps of Engineers, and other required state and federal permits.
plans

39. All development within the City must comply with the regulations of the Federal Emergency Management Agency (FEMA) and the City of Rancho Cordova Floodplain Management Ordinance. All new structures shall be protected from the 100-year (1 percent) flood event. Certified pad elevations (certified by a registered Civil Engineer or licensed Land Surveyor) shall be set at least one and two tenths foot (1.2') above all sources of 100-year flooding (see Section 9-1 of improvement standards). The overland release path must be shown on the plans and the hydraulic computation must be provided to estimate the flow depths along the overland release paths. The calculations must be in conformance with Section 9-15 Improvement Standards.

Prior to approval
of improvement
plans
Public Works

40. Stormwater Quality– During Construction:

SWPPP –the applicant shall prepare a Storm Water Pollution and Prevention Plan (SWPPP) to be executed through all phases of grading and project construction. The measures included in the SWPPP shall be consistent with the City’s Improvement Standards and Land Grading and Erosion Control Ordinance. The SWPPP shall be submitted to the State Water Resources Control Board for approval and to the City for review. During construction, the project applicant shall implement Best Management Practices (BMPs) in accordance with the SWPPP and the City’s Improvement Standards.

General Construction Permit –
The project applicant shall file a Notice of Intent (NOI) to obtain coverage under the California State Water Resources General Construction Activity Storm Water Permit (General Construction Permit). Permits are issued by the State Water Resources Control Board, which can provide all information necessary to complete and file the necessary documents. Applicants shall comply with the Prior to approval
of improvement
plans
Public Works

ITEM 11.1. ATTACHMENT 14
CONDITIONS OF APPROVAL FOR THE PRESERVE Exhibit B to the Resolution

The Preserve DD9835 April 4, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(date
and
Signature)
terms of the General Construction Permit, the City of Rancho Cordova Municipal Code, and the City’s NPDES Permit
Requirements.

41. LAND DEDICATION / EASEMENTS:

All drainage courses and appurtenant access roads to be conveyed to the City shall be dedicated and conveyed in fee title as separate parcels. Underground pipelines and open channels shall be located in the public right-of-way or parcels to be conveyed to the City.

Parcels to be conveyed shall be a minimum of 25 feet wide. The applicant shall provide minimum 16 foot wide maintenance service roads, consisting of 12 feet of pavement and 2 foot decomposed granite shoulders on each side, along the entire water course(s) to be conveyed. No conditional easements shall be placed on these drainage parcels.

Prior to issuance
of Building
Permits.

Public Works

42. To obtain sewer service, construction of SASD sewer infrastructure will be required. Current SASD Standards and Specifications apply to any offsite or onsite public sewer construction or modification.

These improvements must be shown on the plans. Field
modifications to new or existing precast manhole bases are not allowed.

Prior to Approval
of Improvement
Plans
SASD

43. SASD requires each building on each lot with a sewage source to have a separate connection to SASD’s sewer system. If there is more than one building in any single parcel and the parcel is not proposed for split, then each building on that parcel must have a separate connection to a private onsite sewer line or a separate connection to the SASD public sewer line. These improvements must be shown on the plans.

Prior to Approval
of Improvement
Plans
SASD

44. Alignment of all main lines and structures must provide a minimum of 1 foot vertical clearance and 5 feet horizontal clearance from all other utilities and improvements. Sewer is to be located a minimum of 10 feet (measured horizontally) from any structure or footing.

Prior to Approval
of Improvement
Plans
SASD

ITEM 11.1. ATTACHMENT 14
CONDITIONS OF APPROVAL FOR THE PRESERVE Exhibit B to the Resolution

The Preserve DD9835 April 4, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(date
and
Signature)
Show public sanitary sewer and water supply facilities in accordance with the Health and Safety Code.

Prior to Issuance of Building Permit

45. Applicant shall submit improvement plans to the satisfaction of the Public Works Department. Improvement plans shall include, but shall not be limited to, all streets, water, sewer, storm drain, lighting, signage and striping, utility undergrounding, and other associated facilities for all streets and other public areas depicted on the tentative map or tentative map phase.

Prior to issuance
of Building
Permits
Public Works

46. All existing overhead utilities shall be undergrounded: Prior to issuance of the first
building permit
within a TM
phase, model
homes excluded
Public Works

47. Prior to issuance of the first building permit within a TM phase: All streets and improvements shown on the TM phasing plan, all streets necessary for access to the proposed homes, associated
improvements included in the approved improvement plans, and other infrastructure as necessary for adequate public access and use shall be substantially complete to the satisfaction of the Public Works Department. Prior to occupancy all streets and improvements shown on the TM phasing plan shall be fully constructed and completed to the satisfaction of the City Engineer.

When developer opens model homes to public visitation, any roads not suitable for public access shall be barricaded to the satisfaction of the Public Works Department.

Prior to issuance
of the first
building permit
within a TM
phase, model
homes excluded
Public Works

ITEM 11.1. ATTACHMENT 14
CONDITIONS OF APPROVAL FOR THE PRESERVE Exhibit B to the Resolution

The Preserve DD9835 April 4, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(date
and
Signature)

48. The owner must contact Permit Services Unit at
[email protected] or by phone at (916) 876-
6100 to determine if sewer impact fees are due. Fees are to be paid prior to the issuance of building permits.

Prior to Issuance
of Building Permit
SASD

49. Provide separate public water service to each parcel. All water lines shall be located within a right-of-way or within easements dedicated to SCWA. Easements shall be reviewed and
approved by SCWA prior to Improvemetn Plan approval of
Final Map approval.

Prior to
Improvement
Plans or Final
Map
SCWA
Prior to Acceptance of Improvements

50. Provide maintenance and operations manual for drainage basins.

The manual shall include, but is not limited to:
 As-built topography of the basin.
 Cut and fill quantities.
 Plat map.
 Depth volume rating curve.
 As builts for steel, concrete and other structures.
 Inverts of inlets, outlets, etc.
 Updated model based on as-built topography.
 Document any sensitive resources.

Prior to
acceptance of
improvement
plans
Public Works
Prior to Final Inspection

51. During and upon completion of the installation of the landscaping for the project, the project landscape architect/designer shall certify that the installed landscape complies with the approved plans.

Certification shall be accomplished by completion of site visits at key installation milestones. Key milestones at a minimum shall include:

Prior to final
building
inspection of the
first unit
Public Works

ITEM 11.1. ATTACHMENT 14
CONDITIONS OF APPROVAL FOR THE PRESERVE Exhibit B to the Resolution

The Preserve DD9835 April 4, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(date
and
Signature)
rough grade, soil amendment verification, Plant material inspection, irrigation coverage test underdrain installation (as applicable) and final installation. Certification shall include signed site observation reports, photographs and documentation verifying implementation of soil report recommendations. Failure to submit complete and accurate documentation to the Planning Department will delay final approval/occupancy of the project.

52. Upon completion of the installation of the landscaping, the designer shall certify that the landscape complies with all city water conserving landscape requirements. Certification shall be accomplished by completion of a certificate of compliance on a form approved by the director of the city public works department. Failure to submit a complete and accurate certificate of compliance will delay final approval of the project and/or discontinue water service per RCMC 22.180.090. Upon receipt of the certificate of compliance and site inspection from City staff, the landscaping performance bond will be released.

Prior to final
Building
Inspection
Public Works

53. As-built reproducible grading and improvement plans (1 full size and 1 half size hard copy), as well as a compact disc containing said plans in AutoCAD and pdf format, and a GIS shape file, or equivalent to the satisfaction of the City Engineer shall be submitted and approved by the Public Works Department.

Prior to final
building
inspection
Public Works
Advisory

1. SASD - The project has a conditionally approved Level 3 sewer study. Any changes to the sewer study may require an addendum.

2. SCWA – Water supply will be provided by the Sacramento County Water Agency.

3. SCWA - No water supply mains shall be located under structures such as box culverts and bridges. If the project will

ITEM 11.1. ATTACHMENT 14
CONDITIONS OF APPROVAL FOR THE PRESERVE Exhibit B to the Resolution

The Preserve DD9835 April 4, 2022
build box culverts and bridges to the ultimate width, water mains shall cross above ground attached to the side of the structure. Structures shall be designed accordingly. If the ultimate width is not being built, water mains shall cross underground routed outside of and around the ultimate structure footprint. 15-foot wide water main easements shall be dedicated for the portion outside of ROW. The crossing shall be be approved by the Agency Engineer. Underground crossings and attachments to structures shall be included in the environmental impact analysis. Additional environmental permitting and other associated costs will be at applicant’s expense.

4. SCWA - Destroy all abandoned wells on the proposed project site in accordance with the requirements of the Sacramento County Environmental Health Division. Clearly show all abandoned/destroyed wells on the improvement plans for the project.

Prior to abandoning any existing agricultural wells, applicant shall use water from agricultural wells for grading and construction.

5. Prior to the issuance of any building permits for the project, the project developer/owner shall pay Zone 40 development fees applicable at the time of building permit issuance in accordance with Title 4 of the Sacramento County Water Agency (SCWA) Code.

6. Prior to the issuance of any building permits for the project, the project shall conform to the specific provisions of the City of Rancho Cordova Landscaping Ordinance (Municipal Code Title 23, Chapter 23.716).

ITEM 11.1. ATTACHMENT 15
Ordinance No. XX-2022 Page 1 of 3

CITY OF RANCHO CORDOVA
ORDINANCE NO. XX-2022

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA

APPROVING DEVELOPMENT AGREEMENT FOR THE PRESERVE PROJECT THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA DOES ORDAIN AS FOLLOWS:

Section 1. Recitals
A. In order to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Section 65864, et seq., of the Government Code (the "Development Agreement Statute"), authorizing the City, and any person having a legal or equitable interest in the real property, to enter into a development agreement and establish certain development rights in the property, which is the subject of the development project application. Pursuant to Government Code section 65868, Development Agreements may be amended by mutual assent of the parties.

B. The Preserve Project (“Project”) is a residential development with parks/open space, trails, natural resources, and associated infrastructure and roads on an approximately 279-acre site in the City. The Project includes 439 residential units; and C. In compliance with the requirements of the California Environmental Quality Act (“CEQA”), the City prepared an Environmental Impact Report for the Project (“EIR”).

F. The property is owned by TDW Enterprises LP (referred to as “Landowner”).

G. The Landowner has agreed to enter into a development agreement for The Preserve Project. The attached development agreement, attached hereto as Exhibit A (“Development Agreement”).

H. On April 4, 2022, the City Council, pursuant to Resolution No. **-2022, certified the EIR, adopted mitigation findings pursuant to CEQA guidelines Section 15091, adopted a statement of overriding considerations, and adopted a mitigation monitoring program for the Project, which covered the attached Development Agreement.

I. On April 4, 2022, the City Council, as the legislative body for purposes of Development Agreement approval, held a properly noticed public hearing pursuant to Government Code section 65867, and considered all comments received, in writing, and all testimony received at the public hearing.

Section 2: Findings
On the basis of (a) the foregoing Recitals, which are incorporated herein, (b) The Preserve, (c) the City of Rancho Cordova’s General Plan, (d) the Environmental Impact Report for The Preserve, and (e) on the basis of the specific conclusions set forth below, the City Council finds and determines that:

ITEM 11.1. ATTACHMENT 15
Ordinance No. XX-2022 Page 2 of 3
A. Finding: The development agreement is consistent with the General Plan objectives, policies, land uses, and implementation programs and any other applicable Specific Plans.

Evidence: The Development Agreement is consistent with the objectives, policies, general land uses and programs specified and contained in the City’s General Plan. In accordance with Government Code section 65867.5(b), the Development Agreement vest the Landowners’ right to proceed with development of the property. The Development Agreement does not amend or revise the development standards of the Rancho Cordova Municipal Code (RCMC). Therefore, the Development Agreement will be consistent with the General Plan if development under the RCMC is consistent with the City’s General Plan.

The findings and evidence to support this General Plan consistency determination are set forth in the project approval Resolutions. Furthermore, (a) the land use designation for The Preserve site allows for residential, parks/open space, and natural resources, (b) the project is consistent with the fiscal policies of the General Plan with respect to provision of infrastructure and public services, and (c) the Development Agreement includes provisions relating to financing, construction and maintenance of public facilities, park development fees and similar provisions.

B. Finding: The development agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole.

Evidence: As described above, the development agreement and the project it allows for, are consistent with the proposed General Plan Amendment and Zoning Code for this site and therefore the development agreement promotes the orderly development of property as well as the preservation of property values, as area properties and their values would be, in part, based on this exact use occurring on this site in the future.

C. Finding: The development agreement will promote the orderly development of property or the preservation of property values.

Evidence: As described above, the development agreement and the project it allows for, are consistent with the proposed General Plan Amendment and Zoning Code for this site and therefore the development agreement promotes the orderly development of property as well as the preservation of property values, as area properties and their values would be, in part, based on this exact use occurring on this site in the future.

D. Finding: The development agreement does not pertain to any property in the protected 200- year floodplain, unless the development agreement contains conditions that will provide an urban level of protection to the property consistent with California Government Code Section 65865.5.

Evidence: The Development Agreement does not pertain to any property in the protected 200-year floodplain.

E. CEQA Compliance. In compliance with the requirements of CEQA, the City prepared an EIR for The Preserve project. On April 4, 2022, the City Council adopted Resolution No. **-2022 certifying the EIR and adopting environmental findings, a statement of overriding consideration and a mitigation monitoring and reporting program for The Preserve Project approvals. Resolution No. **-2022 is incorporated herein by reference.

Section 3: Approval of Development Agreement.

ITEM 11.1. ATTACHMENT 15
Ordinance No. XX-2022 Page 3 of 3
The City Council hereby approves the Development Agreement, attached hereto as Exhibit A, in a form approved by the City Attorney, and authorizes the City Manager to execute the Development Agreement. The attached Development Agreement is as follows:

A. Development Agreement by and between the CITY OF RANCHO CORDOVA and TDW ENTERPRISES LP;
Section 4: Recordation.

Within ten (10) days after the Development Agreement is executed by the City Manager, the City Clerk shall submit the Development Agreement to the County Recorder for recordation.

Section 5: Severability.

If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this Ordinance that can be given effect without the invalid provision and, to this end, the provisions of this Ordinance are severable. This City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance enforced.

Section 6: Publication and 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 adoption.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova this ______ day of ______________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Donald Terry, Mayor
ATTEST:

Stacy Leitner, CMC
City Clerk

OFFICIAL BUSINESS
Document entitled to free recording
Government Code Section 6103

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 95670
Attn: City Clerk
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE)

DEVELOPMENT AGREEMENT

BY AND BETWEEN

THE CITY OF RANCHO CORDOVA
AND
TDW ENTERPRISES, LP, a California Limited Partnership and Winn Development II, a California Limited Liability Company

RELATIVE TO THE PRESERVE PROJECT
ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

DEVELOPMENT AGREEMENT

RELATIVE TO THE PRESERVE PROJECT
This Development Agreement (“Agreement” or “Development Agreement”) is entered into as of this __ day of ______, 2022, by and between the CITY OF RANCHO CORDOVA, a municipal corporation (“City”), and TDW Enterprises, LP, a California Limited Partnership (“TDW”) and Winn Development II, LLC a California Limited Liability Company (“Winn Development”) (TDW and Winn Development are collectively referred to as “Developer”), pursuant to the authority of Government Code section 65864 et. seq., relating to Development Agreements. City and Developer are hereinafter collectively referred to as the “Parties” and singularly as “Party.”

RECITALS
A. Authorization. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, California Government Code section 65864, et seq. (the “Development Agreement Statute”) and Rancho Cordova Municipal Code chapter 23.158, authorize the City and any person having a legal or equitable interest in real property to enter into a Development Agreement, establishing certain development rights in the Property which is the subject of the development project application.

B. Definitions. All capitalized terms as used herein are defined in Section 3 of this Agreement or otherwise herein.

C. Property. The subject of this Agreement is the development of those portions of the parcels of land consisting of approximately 98.9 acres located in the City of Rancho Cordova, County of Sacramento, depicted in Exhibit A and more particularly described in Exhibit A-1 and Recitals D-F, inclusive, which collectively constitute the “Property” and have been entitled under the marketing name “The Preserve” (and referred to in this Agreement as the “Project”). At the time of approval of the Development Agreement, Developer owns some, but not all, of the Property, but provided that Winn Development acquires those additional parcels identified in Recitals E and F in fee title on or before December 31, 2022, and satisfies the conditions of Section 4.1.1, below, and completes lot line adjustments, all of the Property will be subject to this Agreement and Developer shall be bound by this Agreement. Developer represents that any and all other persons holding legal or equitable interests in the Property shall also be bound by this Agreement.

D. TDW Property. Developer owns in fee title the parcels identified by APN 073-0010- 010 and APN 073-0010-011, consisting of approximately 115.27 acres, located in the City of Rancho Cordova, County of Sacramento (the “TDW Property”). Only the portion of the TDW Property constituting approximately 30.4 acres, which is more particularly described in Exhibit B1 and depicted in Exhibit B-2 is within the collective definition of “Developer’s Property,” and shall be subject to the terms of this Agreement.

E. Whitlow Property. The David B. Whitlow Family 2015 Trust, Gurmeet Singh Dillon, and Satwant Singh Dhillon (collectively referenced as “Whitlow”) own in fee title the parcel identified by APN 072-0300-005, consisting of approximately 41.5 acres, located in the City of Rancho Cordova, County of Sacramento (the “Whitlow Property”). Winn Development has an option to acquire the Whitlow Property and Winn Development intends to acquire the Whitlow Property in fee title after approval of the Entitlements and will succeed Whitlow as the owner of the Whitlow Property on or before December 31, 2022. Upon satisfaction by Developer of the conditions of Section 4.1.1, below, the portion of the Whitlow Property constituting approximately ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

35.7 acres and more particularly described in Exhibit C-1 and depicted in Exhibit C-2 will be considered within the definition of “Developer’s Property,” and shall be subject to the terms of this Agreement.

F. Divine Property. The David and Alaina Divine Family 1985 Revocable Trust (“Divine”) own in fee title the parcel identified by APN 072-0300-002, consisting of approximately

41.29 acres, located in the City of Rancho Cordova, County of Sacramento (the “Divine Property”). Winn Development intends to acquire the Divine Property in fee title after approval of the Entitlements and will succeed Divine as the owner of the Divine Property on or before December 31, 2022. Upon satisfaction by Developer of the conditions of Section 4.1.1, below, the portion of the Divine Property constituting approximately 32.8 acres and more particularly described in Exhibit D-1 and depicted in Exhibit D-2 will be considered within the collective definition of “Developer’s Property,” and shall be subject to the terms of this Agreement.

G. Public Hearing and Approval of this Agreement. On __________, 2022, the City Council of the City of Rancho Cordova, serving as the City’s planning agency for purposes of Development Agreement review pursuant to Government Code section 65867 and Rancho Cordova Municipal Code chapter 23.158, held a public hearing to consider this Development Agreement. Following the hearing, the City Council introduced City of Rancho Cordova Ordinance No. XX-2022 approving this Agreement. City approved Ordinance No. XX-2022 on __________, 2022.

H. Environmental Review. In compliance with the California Environmental Quality Act (“CEQA”), on ________, 2022, the City certified a Final Environmental Impact Report titled “[insert name of document]” pursuant to CEQA Guidelines Section 15090 (the “FEIR”).

I. Development Agreement Ordinance. City and Developer have taken all actions mandated by, and fulfilled all requirements set forth in, Rancho Cordova Municipal Code chapter

23.158, the Development Agreement Ordinance of the City of Rancho Cordova.

J. Consistency with General Plan. Having duly examined and considered this Development Agreement and having held properly noticed public hearings hereon, in City Ordinance No. XX-2022, City found that this Development Agreement satisfies Government Code section 65867.5 and section 23.158.060.A of the Rancho Cordova Municipal Code because this Agreement is consistent with the requirements of the City of Rancho Cordova General Plan.

K. Negotiations. The Parties have, in good faith, negotiated terms set forth in this Development Agreement, which terms are intended to carry out the legislative purposes of the Development Agreement Statute and Rancho Cordova Municipal Code chapter 23.158, and which provide for the mutually desirable development of the Property.

AGREEMENT

1. Incorporation of Recitals. The preamble, the recitals, all defined terms set forth herein, and all exhibits attached hereto, are hereby incorporated into this Development Agreement as if set forth herein in full.

ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

2. Relationship of City and Developer. This Development Agreement is a contract that has been negotiated and voluntarily entered into by City and Developer. Neither Party is an agent of the other Party. City and Developer renounce the existence of any form of joint venture or partnership between them. Nothing contained in this Agreement, or in any document executed in connection with this Agreement, may be construed as making City and Developer joint venturers or partners.

3. Definitions.
“CC&R Enforcement” means enforcement by a Homeowners Association, a Property Owners Association and/or the City, of covenants, conditions, and restrictions that are recorded against the single family portions of the Property to protect, preserve, and maintain the appearance, condition, and compatibility with residential neighborhood uses as allowed by the Rancho Cordova Municipal Code for single family development.
“City CCI Index” means the construction cost index applied by City in Section 6.1 authorizing the subject fee, assessment, or tax to adjust fees to account for changes to the costs of construction as published by the Engineering News Record, and as may be revised by the City for such Fees. “City CPI Index” means the consumer price index applied by City in Sections 6.2, 7.2.6 and 8 authorizing the subject fee, assessment, or tax to adjust for changes in the costs of performing and/or providing municipal services as published by the United States Department of Labor Bureau of Labor Statistics.
“City Council” means the City Council of the City of Rancho Cordova. “Community Places Fee” means the Community Places Fee that the Developer agrees to pay under Section 6.1.(iii).
“Community Renovation Fee” means the Community Renovation Fee that the Developer agrees to pay under Section 6.2.
“CRPD” means the Cordova Recreation and Park District.
“Developer’s Property” is the Property subject to this Agreement, with legal descriptions attached as Exhibits B-1, C-1 and D-1 and depicted in Exhibits B-2, C-2 and D-2. “EDU” means the single-family residential equivalent dwelling unit, as applied within the context of the applicable improvement, facility, or service. All other land uses are assigned EDUs based on their relative impact compared to a single family unit with respect to the applicable improvement, facility, or service.
“Effective Date” of this Development Agreement means the effective date as determined under Section 4.1.1 of this Agreement.
“Entitlements” means (a) a General Plan Amendment; (b) zoning amendment; (c) a large lot tentative subdivision map; (d) small lot tentative subdivision map; (e) the FEIR and all CEQA findings and statement of overriding considerations, if any, all as approved by the City on XX by Ordinance XXXX and on XX by Resolution XXXX (f) this Development Agreement, approved by City on XX, by Ordinance No. XX (the “Adopting Ordinance”).

ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

“Exactions” shall have the meaning set forth in Section 5.7 of this Agreement. “General Plan” means the City of Rancho Cordova General Plan, including all appendices thereto, approved by City and in effect as of the Effective Date of this Agreement. “Homeowners Association” means an association of owners within the portions of the Property zoned for single family use, if one is formed and operated, in part, to provide CC&R Enforcement.
“Park Development Fee” means the Park Development Fee that the Developer agrees to pay under Section 6.1(iii).
“Project” means the planned development of the Property pursuant to the Entitlements, which was approved under the marketing name of “The Preserve.” “Property” means the land described by legal description in Exhibits A-1 through D-1 and depicted in Exhibits B-2 through D-2.
“Public Facilities” means the public facilities owned by the City or other public agency. “Subsequent Entitlements” mean those additional permits, plans, and approvals that may be approved following approval of the Entitlements, and which will allow for implementation of the Entitlements by subdivision, development and construction within the Project. Subsequent Entitlements may include, without limitation, small lot tentative subdivision maps, small lot final subdivision maps, parcel maps for non-residential areas, lot line adjustments, conditional use permits, and design review permits.

4. Term and Termination.

4.1 Term.

The term of this Development Agreement commences on the Effective Date and extends for a period of twenty (20) years from the Effective Date, unless said term is terminated, modified, or extended as provided herein. This Development Agreement automatically terminates upon expiration of the 20-year term unless otherwise extended by the Parties, and shall then be of no further force and effect. If and when this Development Agreement expires, Developer shall thereafter retain no vested rights under this Development Agreement, and City shall have the right to modify or repeal the Entitlements and apply new laws, regulations, and fees to the development of the Property subject to any other vested rights that may exist under common law.

4.1.1 The Adopting Ordinance shall provide that the Effective Date occurs on the later date on which Winn Development acquires fee title to the Whitlow Property and the Divine Property. If Developer fails to acquire fee title to the Whitlow Property and the Divine Property prior to December 31, 2022, the terms of this Agreement shall be null and void without further action by either Party. This Agreement is not effective as to the underlying landowners of the Whitlow Property and the Divine Property (identified in Recitals E and F), and said underlying landowners shall have no rights or obligations under this Agreement. In the event of a legal challenge to the Adopting Ordinance, the Entitlements or the EIR, the deadline for acquisition of the Whitlow Property and Divine Property shall be extended by the same number of calendar days necessary to resolve the legal challenge in favor of the City and Developer, subject to the maximum three (3) year extension provided under Section 4.3.

ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

4.2 Tolling and Extension During Legal Challenge or Moratoria.

Developer may, at its discretion, extend the term of this Development Agreement for a maximum period of three (3) years if:

4.2.1. a lawsuit is filed by an entity or party that is not a Party to this Agreement challenging any of the Entitlements or if Developer is unable to undertake development of the Project due to the imposition by the City or other public agency of a development moratorium for imminent health or safety reasons unrelated to the performance of Developer’s obligations under this Agreement;

4.2.2. the Developer is unable to proceed, or reasonably elects not to proceed with the Project because of litigation described in Section 4.2.1 above; and

4.2.3. the Developer submits to City written notice that this Agreement is tolled.

During any such period that this Agreement and development of the Project are being tolled by Developer, Developer may, at its sole expense and risk, submit applications to process Subsequent Entitlements, including but not limited to tentative subdivision maps and improvement plans for the Property, provided City shall not be obligated to approve and may defer approval of any final subdivision maps, improvement plans, or building permits for the Property during any such tolling period.

4.3 Length of Extension. The tolling period will begin when City receives written notice from the Developer. The tolling period may only extend the term of this Agreement until a final order of judgment is issued upholding the challenged Entitlements, the case is dismissed, a moratorium on development is terminated by the City or other public agency, or the three (3) year maximum tolling period is reached, whichever is shorter. The Developer may also elect to end the tolling period at any time and proceed with the Project at its risk, effective upon delivery of written notice to City.

5. Vested Rights. The Developer shall have the vested right to proceed with development of the Property in accordance with the Entitlements, and to have Subsequent Entitlements considered for approval or denial, based upon the terms, standards and requirements set forth in the Entitlements. City agrees that it shall not use its authority in considering any application for a Subsequent Entitlement to change the policy decisions reflected by the Entitlements. Except as provided in this Section 5, below, this Agreement does not vest Developer’s rights to pay development impact fees, Exactions, processing fees, inspection fees, plan check fees, or other permit processing fees or charges.

5.1 Permitted Uses, Density and Intensity, Maximum Height and Size of Structures, and Reservation or Dedication of Land Vested. The permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, set-backs, provisions for reservation or dedication of land or payment of fees in lieu of dedication for public purposes, the location and maintenance of on-site and off-site improvements, the location of public utilities, and other terms and conditions of Development shall be those set forth in the Entitlements, including the approved Small Lot Subdivision Map layouts showing the intended total units to be Developed and any designated acreages of the proposed land uses.

5.2 Vested Against Moratorium, Quotas, Restrictions or Other Growth Limitations. Subject to applicable law relating to the vesting provisions of Development ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

Agreements, City agrees that, except as otherwise provided in or limited by the provisions of this Agreement, this Development Agreement vests the Entitlements against subsequent City ordinances, resolutions, rules, regulations, initiatives, and official policies and orders that directly or indirectly limit the rate, timing, or sequencing of Development, or prevent or conflict with the permitted uses, or the density or intensity of uses, or the terms, provisions, standards, or requirements for Development, as set forth in the Entitlements. To the extent allowed by the laws pertaining to development agreements, however, Developer will be subject to any growth limitation ordinance, resolution, rule, regulation, policy or order which is adopted on a uniformly applied, Citywide or area-wide basis, and directly concerns an imminent public health or safety condition, in which case City shall treat in a uniform, equitable, and proportionate manner all properties, public and private, which are impacted by that public health or safety issue.

5.3 Vested Rights Exclude Design and Construction. All ordinances, resolutions, rules, regulations, initiatives, and official policies governing design, improvement, and construction standards and specifications applicable to the Project, and to public improvements to be constructed by the Developer shall be those in force and effect at the time the applicable permit approval is granted, unless such ordinances, resolutions, rules, regulations, initiatives or official policies are inconsistent with the Entitlements or the specific terms of this Agreement, in which case the Entitlements and the terms of this Agreement shall prevail.

5.4 Vested Rights Exclude Changes in State or Federal Law. This Agreement shall not preclude the application to Development of the Property of changes in City laws, regulations, plans or policies, the terms of which are specifically mandated and required by changes in state or federal law or regulation. In the event that state or federal laws or regulations enacted after the Effective Date of this Development Agreement prevent or preclude compliance with one or more provisions of this Agreement or any Entitlements, such provisions of the Agreement shall be modified or suspended insofar as it is necessary to comply with such state or federal laws, regulations, plans, or policies. Any such amendment or suspension of this Agreement or Entitlements shall be approved by the City Council in accordance with the Municipal Code and this Agreement.

5.5 Vested Rights Exclude Building and Fire Codes. The Project shall be constructed in accordance with all applicable local, state, and federal building codes and standards, including the Building, Mechanical, Plumbing, Electrical, and Fire Codes, City standard construction specifications, and Title 24 of the California Code of Regulations (collectively “Building Code”), in effect at the time the applicable building, grading, encroachment or other construction permit is granted for the Project. If no permits are required for infrastructure improvements, such improvements will be constructed in accordance with the provisions of the Building Code in effect at the time of approval by City of the improvement plans for such infrastructure. If a permit that has been granted expires, the Project shall be required to be constructed in accordance with the provisions of the Building Code in effect at the time the applicable replacement permit to the expired building, grading, encroachment or other construction permit is granted for the Project.

5.6 Vested Rights Exclude Processing Fees and Charges. Developer shall pay those processing, inspection, and plan check fees and charges required by City under ordinances, resolutions, rules, regulations, initiatives, and official policies which are in effect when such fees or charges are due under then-existing code or policy.

5.7 Vested Rights Limited for Development Impact Fees, Exactions and Dedications. Developer shall pay all development impact fees, connection or mitigation fees, and Exactions required by City to support the construction of any public facilities and improvements or ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

the provision of public services in relation to Development of the Property (together “Exactions”) authorized by City after the Effective Date, as long as said Exactions otherwise comply with applicable law, and are either (i) required on a Citywide basis, (ii) apply uniformly to all properties within City that are zoned with density and uses similar to those of the subject properties in the Entitlements, or (iii) apply on a fair share basis to all properties that are similarly situated within the portions of the City where new development is occurring. Except as otherwise provided in this Agreement, Exactions required by City to be paid by Developer that do not meet one of the preceding criteria shall only be the Exactions that were authorized on the Effective Date or which have been identified in the Conditions of Approval. Furthermore, notwithstanding anything to the contrary in this Section 5.7, in consideration of Developer’s obligations under Section 8 hereof to pay an affordable housing fee, development of the Property shall not be subject to any impact fee, mitigation fee, or exaction related to the provision of affordable housing or inclusionary housing, or other such fee or exaction related to the provision of affordable housing or inclusionary housing that may be subsequently adopted by City during the period that this Section 5.7 is vested by this Agreement.

5.8 Subsequent Entitlements. Subject to Section 12 hereof, City shall accept for processing, review, and action any and all applications submitted by Developer for Subsequent Entitlements, necessary or convenient for the exercise of Developer’s rights under the Entitlements for the use and development of the Property.

5.9 Term of Tentative Maps. Consistent with the authority provided in Government Code section 66452.6(a)(1), the term of any tentative subdivision map approved for all or any portion of the Property shall be the later of the date this Agreement expires (including any extensions) or the date on which the tentative map expires pursuant to City approval of the tentative map pursuant to the City of Rancho Cordova Municipal Code, including without limitation Section

22.20.060 (“Expiration of Tentative Map Approval”), as it may be modified from time to time by state law.

5.10CC&R Enforcement and Property Maintenance Code. Developer agrees to establish, with input and direction from the City, to record covenants, conditions and restrictions (“CC&Rs”) against the individual parcels within the Project upon sale that will protect, preserve, and maintain the appearance, condition, function and operation of the single family home development in a similar manner to the City’s Property Maintenance Code within Sections

16.18.1700 through 16.18.1709 of the City’s Municipal Code, as may be amended from time to time. City may impose a condition, as part of Subsequent Entitlements, for the Developer to include a copy of the Property Maintenance Code as part of individual home sale documents. City may impose a condition, as part of Subsequent Entitlements for single family development, for the Developer to establish a mechanism acceptable to City to provide for CC&R Enforcement within the single family portions of the Property by Developer and/or a Homeowners Association.

The City shall be a third-party beneficiary to the duties and covenants imposed by the CC&Rs and shall be entitled to, without obligation take appropriate legal action to enforce the duties and covenants. If an action is commenced, the City shall be entitled to recover costs including reasonable attorney’s fees.

6. Park Development Fee and Community Places Fee Obligations.

6.1. Park Development Fee and Community Places Fee.
(i) Dedication of Park Land and In-Lieu Fee:

ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

Developer’s obligation is to dedicate 6.48 acres of park land to CRPD pursuant to California Government Code Section 66477 (the “Quimby Act”) and Municipal Code Section

22.40.035(A) and (C), calculated by 439 EDU x 0.01475 (factor). The Quimby Act requirement shall be fully satisfied by the dedication of 8.65 acres of neighborhood park land, with the park land to be dedicated depicted on Exhibit E. Pursuant to Municipal Code Section 22.40.025, the City Council has determined that Cordova Parks and Recreation District (“CRPD”) is the appropriate local agency for conveyance of the park land and CRPD has concurred in the calculation of required park land and also to accept the dedication of park land. City acknowledges that the terms related to dedication of the park land as between Developer and CRPD will be memorialized in a Park Development Agreement between Developer and CRPD, except for the Park Development Fee identified in Section 6.1(iii), no additional park land or park land in-lieu fee is owed by Developer for Development of the Project. (ii) Dedication of Open Space Land and In Lieu Fee:

Developer is dedicating approximately 10.22 acres of City Open Space, consisting of Community Places and Green Infrastructure, as defined in the City’s Open Space Guidelines and as depicted on Exhibit F. This dedication shall satisfy Developer’s obligation to dedicate

1.295 acres of Community Places and any other Green Infrastructure land dedication requirements under the City’s Open Space Guidelines (calculated by 439 EDU x 0.00295 (factor) (amount of land dedication as determined by Rancho Cordova General Plan and Open Space Guidelines). City acknowledges that no additional open space land dedication or open space in lieu fee is owed by Developer for Development of the Project (iii) Park Development Fee and Community Places Fee:

In addition to the dedication of park land as required under the Quimby Act, the Developer will pay a Park Development Fee in the amount of $11,473.50 per Single Family EDU and a Community Places Fee in the amount of $1,641.89 per Single Family EDU when each building permit for residential development is issued within the Project. In the event Developer constructs the neighborhood park, the Park Development Fee will be reduced through the application of credits to reflect Developer construction of the neighborhood park within the Project, pursuant to the term of a Park Development Agreement between CRPD and the Developer. The Park Development impact fee credits will be determined in accordance with the provision of Section 6.3 of this Agreement. Pursuant to the terms of a future Credit Agreement with the City, the Community Places Fee payable to the City may also be reduced to reflect Developer Turnkey Construction of neighborhood green or other community places amenities as agreed upon by the City.
(a) The Park Development Fee and the Community Places Fee will be adjusted on January 1, 2023, and annually thereafter no later than January 15th by the method provided in City CCI Index as follows: A “mean” index will be computed by averaging the index for 20 U.S. cities with the index for San Francisco by resort to the October issue of the Engineering News Record magazine Construction Cost Index of the year in which the calculation is being made.
(b) An adjustment factor shall be computed by dividing the “mean” index as calculated in subsection (a) of this section by the “mean” index for the previous October.

ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

(c) The adjusted Park Development and Community Places Fees shall be calculated by multiplying the adjustment factor, as calculated in subsection (b) of this Section, by the Park Development and Community Places Fees in place prior to the annual adjustment.
(d) Payment of the Park Development Fee and Community Places Fee shall be calculated subject to Fee Credits that may be owed to Developer pursuant to Section 6.3.

Except as provided in Section 5.7, no additional Park Development Fee or Community Places Fee shall be owed by Developer for Development of the Project.

6.2. Community Renovation Fee. Developer agrees that it shall pay City the total sum of $1,291.09 for each single family dwelling unit (the “Community Renovation Fee”); provided that the Community Renovation Fee shall not be paid for any unit constructed on any parcel dedicated to the City for affordable housing uses, if any.

Beginning January 1, 2023, the Community Renovation Fee shall be adjusted annually on each January 1 based upon City CPI Index. The Community Renovation Fee shall be paid to City upon issuance of a building permit for each residential unit within the Property. It shall be used by City, at its sole discretion, to acquire, renovate, repair, improve, or maintain community facilities, parks, neighborhood greens, or other public land or facilities in the City.

This payment is made voluntarily by Developer. It is paid in addition to all other existing park and commmunity places fees, and construction and dedication obligations, including without limitation any fees paid pursuant to the Quimby Act, and the Park Development and Community Places Fees described in Section 6.1 above. Developer agrees that it shall not claim any credit against or right to reimbursement from any other existing park fees, and construction and dedication obligations, including Quimby Act fees, or the Park Development and Community Places Fees as a result of paying the Community Renovation Fee required under this Section 6.2. The City Council may, at any time, elect to terminate or reduce this obligation to pay the Community Renovation Fee, which termination shall not require an amendment of this Agreement.

6.3 Credits for Construction of Park and Recreational Improvements or Neighborhood Green or Community Places Amenities.
(i) Park Development Fee Credits. If Developer construct(s) park and recreational improvements to the land dedicated or provide(s) equipment for park and recreational facilities, the Park Development Fee will be reduced to reflect the construction of the park and recreational improvements or provision of equipment and Developer shall be entitled to Park Development Fee Credits. The amount of Park Development Fee Credits shall be determined in accordance with the provisions of Municipal Code Section 22.40.085, shall be subject to the same annual adjustments set forth in Section 6.1(iii)(a)-(c) of this Agreement, and shall be available to Developer, only, and not applied generally to reduce the overall cost of improvements or fees paid generally for Park Development. Developer shall not be obligated to construct park and recreational improvements or to provide park and recreational equipment and in no event shall Developer be required to construct improvements or provide equipment in excess of the Park Development Fee obligation stated in this Agreement.

ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

(ii) Community Places Fee Credits. Pursuant to the terms of a future Credit Agreement with the City, the Community Places Fee payable to the City may also be reduced to reflect Developer Turnkey Construction cost for the facilities built within the City Community Places parcels. The maximum credit provided to the Developer pursuant to the Credit Agreement shall not exceed the total amount of Community Places Fees paid by the Developer.

No credits or reimbursements from any source other than the Community Places Fees paid by the Developer shall be provided to the Developer.
(iii) Credit Agreements. City and Developer shall enter into a separate Credit and Reimbursement Agreement to memorialize the terms of any Community Places Fee Credits under this Section. CRPD and Developers shall enter into a separate Park Development Agreement to memorialize the terms of the Park Development Fee Credits, which credits shall be available to Developer upon posting of a bond to cover the cost of all improvements to be constructed by Developer(s).

7. Infrastructure and Maintenance Finance.

7.1 Infrastructure Finance. Prior to approval of a final Small Lot Subdivision Map, or for residential properties that do not require subdivision, prior to issuance of building permits, City and Developer will cooperate to establish one or more of what are collectively referred to herein as the “Infrastructure Finance Mechanisms”: Community Facilities Districts, (“CFD(s)”) pursuant to and as authorized by Government Code sections 53311 et seq., the Statewide Community Infrastructure Program (“SCIP”) (or other similar program established by the California Statewide Community Development Authority), the Bond Opportunities for Local Development (“BOLD”) program (or other similar program through the California Municipal Finance Authority), or other public finance programs that may be available in the future to fund necessary Backbone Infrastructure, Public Facilities, and/or Development Impact Fees. City and Developer shall cooperate with the formation of the Infrastructure Finance Mechanisms, and shall take related actions as follows:
(i) Developer, in its sole and exclusive discretion, shall have the right from time to time to request City to establish one or more Infrastructure Finance Mechanisms to finance Project infrastructure, including without limitation roadway, drainage, landscape, utility, open space and/or park improvements, and/or the Impact Fees related thereto (“Public Improvements”). Upon receipt of such Developer request, City shall implement such requests subject to applicable state and federal law and other controlling laws. (a) City’s participation in forming any Infrastructure Finance Mechanisms (and the operation thereafter) and in issuing any debt in connection therewith (“Project Debt” and/or “Bonds”) approved by City shall include all of the usual and customary municipal functions associated with such tasks, including without limitation, the formation and administration of special districts, the issuance of land secured debt financing, the monitoring and collection fees and taxes, the creation and administration of agency funds, the enforcement of debt obligations, and other functions or duties authorized or required by the laws, regulations, or customs relating to such tasks.
(b) There shall be no limitation on the number or kinds of Infrastructure Finance Mechanisms used on the Project/Property so long as the applicable public finance mechanisms comply with the City’s guidelines adopted by Resolution 162-2018 in effect at the time of approval of the financing. Additionally, when allowable, City shall specify that any and all apportionments may be based on land uses rather than benefits received, so that such ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

apportionment can consider and take into account market acceptance, feasibility, and affordability.
(c) Establishing any Infrastructure Finance Mechanism to finance the construction of Public Improvements, the payment of impact fees and/or land secured debt financing shall be initiated upon the request of Developer in connection with the Development of any phase of the Project, or by City in cooperation with Developer. In such regard, Developer shall submit to City the phasing plan for any facilities to be financed, including without limitation, the priority and financing needs related to such Public Improvements and the type of Infrastructure Finance Mechanism that Developer desires, and phases and Bond issuance related thereto, which Developer elects to use for specified purposes at the earliest possible time. (ii) As required by applicable law, City may be required to enter into one or more joint community facilities agreements or other comparable agreements with other government entities that will own or operate any of the Public Improvements to be financed by an Infrastructure Finance Mechanism for the Project. The City and Developer agree that they shall take any and all steps necessary to procure the authorization and execution of any required joint community facilities agreement or other comparable agreements before issuance of any Infrastructure Finance Mechanism or other Bonds that finance the construction or acquisition of Public Improvements to be owned or operated by such other governmental entities. (iii) Developer’s request shall be made to the City in written form and shall outline the purposes for which the Infrastructure Finance Mechanism through and/or Project Debt will be established or issued, the general terms and conditions upon which it will be established or issued, the specific list of Public Improvements, and a proposed timeline for its establishment and/or issuance. Said Developer request shall include the substantive provisions to be included in the Rate and Method of Apportionment (“RMA”) or other applicable implementation provision for the Infrastructure Finance Mechanism, as well as the relevant and analogous information as required by applicable law. City’s consideration of Developer’s request shall be consistent with the requirements of this Development Agreement.
(iv) Regardless of the number or kind of Infrastructure Finance Mechanisms used on the Project/Property, the “Special Tax Rate” established for said CFD(s) in conjunction with special tax rates/assessment established for City services (as reflected in Section 7.2 of this Development Agreement) shall not cause the total tax burden on taxed property to exceed 1.75% of the estimated sales price of a dwelling unit to be constructed unless a greater amount is mutually agreed upon by the City and Developer. The sales prices shall be determined in conjunction with an absorption study or appraisal prepared for the CFD at the time of preparation of the RMA.
(v) Based on the phasing plan submitted to the City, the Developer shall have the right to identify the initial and each subsequent phase as a different improvement area of an Infrastructure Finance Mechanism (“Improvement Area”) or a future annexation area (“Future Annexation Area”) under the applicable law for that Infrastructure Finance Mechanism. The City has determined that the Public Improvements benefit the area burdened by the Infrastructure Finance Mechanism and each Improvement Area as a whole, and therefore, any of the Public Improvements may be financed in any Improvement Area without regard to the specific benefit to such Improvement Area or Future Annexation Area.
(vi) The Parties agree that in the event Infrastructure Finance Mechanism(s) are established, Developer shall have the ability to establish an annual increase of the Special Tax ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

Rate or other applicable tax rate in an amount increasing no more than 2% per annum and as described by the RMA, or other applicable implementation provision for the Infrastructure Finance Mechanism.
(vii) The appraised or assessed value-to-lien ratio for any Bond issue for an Infrastructure Finance Mechanism will be four to one (4:1) unless a lesser amount is mutually agreed to by City and Developer. City shall not require Developer or any property owner within the CFD(S) to provide a Letter of Credit or other credit enhancement as security for the payment of special taxes in the CFD.

Contemporaneously with the formation of an Infrastructure Finance Mechanism, Developer and City shall execute an acquisition and funding agreement (“Acquisition Agreement”) that shall apply to the acquisition and construction of the Public Improvement for each and every Improvement Area. The Acquisition Agreement shall be structured so that it is automatically applicable to any financing by special taxes levied in, or bonds issued for a subsequent phase annexed into its respective Improvement Area of the Infrastructure Finance Mechanism, without requiring any modifications to the Acquisition Agreement or any further approvals by the City.

7.2 Maintenance and Service Finance Mechanisms. Prior to approval of a final Small Lot Subdivision Map, or for residential properties that do not require subdivision, prior to issuance of building permits, City and Developer will complete all actions needed to form, annex into, and/or implement the funding mechanism(s) that have been identified in this Agreement, only, and which includes financing districts and special taxes that have been identified in this Agreement, only, to pay to maintain existing and new public improvements associated with or needed to serve the Project. Developer shall participate in, vote in favor of, and pay all costs incurred by City associated with such actions consistent with this Agreement and the Entitlements. The amount of special taxes or assessments to be included in each new maintenance or services district referred to herein shall not exceed the amounts reasonably determined by City during the formation of such finance district to fund the operations, maintenance, and/or services to be financed thereby. The provisions of this Section 7.2, including all subsections, apply only to the maintenance of improvements that are not included for maintenance in a private Homeowner’s Association.

The following is the list of funding mechanisms for maintenance and services:

7.2.1. Annexation into Street, Lighting and Landscape Maintenance.

Developer and City agree that the Developer will participate in or provide a funding mechanism for maintenance services for the fair share of existing and all new public improvements associated with the Project, including, but not limited to, streets, bridges, culverts, traffic signals, traffic signs, striping and legends, intelligent transportation systems (ITS) operations, streetlights and safety lights, and landscape maintenance for public frontage and medians. This may be accomplished through annexation to the City’s Community Facilities District No. 2014-2 (Street, Lighting and Landscape Maintenance), or other financial mechanism as may be proposed and provided by the Developer for the same purpose of providing a financial mechanism to fund the operation and maintenance of the Project’s public improvements. If the Developer does not provide another financial mechanism, prior to the recordation of the final Small Lot Subdivision Map, Developer will support the annexation of the Project into CFD 2014-2, and cover the Developer’s fair share costs of the CFD annexation currently estimated at Five Thousand Dollars ($5,000) per annexation.

ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

7.2.2 Park Maintenance. Developer and City agree that the Developer will participate in or provide a funding mechanism for maintenance services for the Project’s associated fair share financial impacts to the operation, maintenance, and capital replacement of existing and proposed public parks that are maintained by CRPD. This may be accomplished through annexation to the appropriate Communities Facilities District for park maintenance, or other financial mechanism as may be proposed and provided by the Developer for the same purpose of providing a financial mechanism to fund the operation and maintenance of the Project’s public park improvements. If the Developer does not provide another financial mechanism, the Developer will support the annexation of the Project into the appropriate CFD for park maintenance and cover the Developer’s fair share costs of the CFD annexation currently estimated at Seven Thousand dollars ($7,000) per annexation.

7.2.3. Community Places and Neighborhood Greens Maintenance.

Developer and City agree that the Developer will participate in or provide a funding mechanism for maintenance services for the Project’s associated fair share impacts to the operation and maintenance community places and Neighborhood Greens. This may be accomplished through annexation to the City’s Communities District No. 2018-2 (Community Places and Neighborhood Greens), or other financial mechanism as may be proposed and provided by the Developer for the same purpose of providing a financial mechanism to fund the Project’s associated fair share financial impacts to the operation and maintenance of the Project’s public community places and Neighborhood Green improvements. If the Developer does not provide another financial mechanism, the Developer will support the annexation of the Project into CFD 2018-2 (Community Places and Neighborhood Greens), and cover the Developer’s fair share cost of the CFD annexation currently estimated at Five Thousand Dollars ($5,000) per annexation.

7.2.4. Annexation into Stormwater Utility Fee. The Developer will participate in or provide a funding mechanism for maintenance services for the Project’s stormwater drainage and flood protection system. This will be accomplished through annexation to the City’s Stormwater Utility Fee District. Prior to recordation of the final Small Lot Subdivision Map, Developer shall support the annexation and cover Developer’s fair share costs of the annexation, currently estimated at Seven Thousand Dollars ($7,000) for the annexation. The base year FY 2020/2021 rate for the Stormwater Utility Fee is $134.93 per single family residential unit.

The annual tax or fee will be adjusted annually per the method described in the CFD.

7.2.4.1 Enhanced Stormwater Utility Fee Zone. The Project is required to install low impact development measures (LID) for stormwater management pursuant to the City’s state stormwater permit. Prior to recordation of the final Small Lot Subdivision Map, the Developer shall, to the satisfaction of the Public Works Director, either (i) annex into and approve a fee for a new zone in the City’s Stormwater Utility Fee District that shall provide LID maintenance services in the Property, or (ii) establish another financial mechanism to provide LID maintenance services in the Property.

7.2.5 Transit Services Funding. The Developer will participate in the provision of a funding mechanism for transit-related services. This may be accomplished by annexation to the City’s Transit Related Services Special Tax Area by voting to approve a special tax for the parcels created for this subdivision approval, or other financial mechanism as may be proposed and provided by the Developer for the same purpose of providing a funding mechanism to fund transit-related services. The tax shall be the per parcel annual amount as specified in an approving ordinance (with appropriate annual inflation adjustment) as established at the time of voting by the City Council. The election to provide for the tax shall be completed prior to the recording of the final map. Costs associated with the annexation and election of the annual tax ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

shall be borne by the Developer through payment of the annexation costs currently estimated at Five Thousand Dollars ($5,000) per annexation.

7.2.6. Annexation into CFD No. 2013-2 (Police Services). Prior to recordation of the first final Small Lot Subdivision Map, or for residential properties that do not require subdivision, prior to issuance of building permits, the Developer shall support the annexation of the Project into CFD No. 2013-2 (Police Services) and cover Developer’s fair share costs of the CFD annexation, currently estimated at Five Thousand Dollars ($5,000) for the annexation. City agrees that the CFD will provide that on lands designated for all residential land use categories, the base year FY 2021/2022 Police Maximum Services Special Tax shall be $594.72 annually per residential dwelling unit, including multi-family units (if any). The special tax imposed by the CFD will be payable on a parcel within the Property only after a building permit has been issued by City for the construction of a building on that particular parcel, and there will be no undeveloped land tax imposed by the CFD. The CFD shall further provide that on each July 1 commencing July 1, 2022, the base year Police Special Tax shall be escalated by the increase, if any, in the City CPI Index. However, in no event shall the tax per parcel for any fiscal year be less than the amount established for the prior fiscal year. The CFD shall specify that the Police Special Tax shall commence being payable annually following the issuance of a building permit for each parcel subject to the Police Special Tax.

The Developer acknowledges that no final Small Lot Subdivision Map, or for residential properties that do not require subdivision, prior to issuance of building permits, shall be submitted to City for approval prior to annexation of the Property to the Police Services CFD; provided Developer may at its own risk, process and obtain approvals of any tentative subdivision maps for the Property and submit applications for and process, but not obtain final approval of, any final subdivision maps and improvement plans related thereto.

7.2.7. Amounts and Effect of Alternative HOA Maintenance. If and to the extent Developer proposes and City approves that a Homeowners Association that includes the Property may perform any of the maintenance obligations that would otherwise be performed by the districts described in sections 7.2.1, 7.2.2 or 7.2.3 above, the applicable maintenance financing districts shall include a mechanism whereby the amount of the special taxes or assessments to be levied thereby shall be credited by the savings to be realized by the districts from the performance of such maintenance obligations by the Homeowners Association and the relieving of the districts from having to perform such maintenance obligations. This provision is subject to the reasonable discretion of the City that the performance by the Homeowners Association is adequate. City shall defer the annexation of the Property into an assessment district so long as City is assured of the adequacy of the performance thereof by the Homeowners Association.

7.2.8. Special Taxes. Provided that City has provided Developer with budgets for the maintenance services to be provided and Developer has no objections to those budgets, after formation of the assessment districts described in this Section, Developer agrees that it will not vote to repeal or amend any of the special taxes being imposed in the amounts or as set forth above in Sections 7.2.1 through 7.2.6, inclusive. In the event Developer objects to any special tax referenced in Section 7.2.1 through 7.2.6, inclusive, after the formation of the applicable assessment districts and during the term of this Agreement, Developer shall have the opportunity to meet and confer with City about the reasons for the objection and shall also have an opportunity to be heard by the City Council on any objections. If the City Council overrules those objections, the Developer may seek relief from a court of competent jurisdiction for continued payment of the special tax that is the subject of the objection. If, after exhausting all ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

such remedies, a Developer continues to fail to pay the special tax, City shall be entitled to those remedies allowed for in Sections 7.2.1 through 7.2.6, as well as any remedies City has in law for failure to pay a special tax.

7.3 Infrastructure Phasing Plan. The Infrastructure Phasing Plan (Exhibit G) addresses sequencing and full build-out of major public onsite and offsite infrastructure necessary to support the Project including but not limited to, major roadways, signals, trails, offsite paseos, sewer, water, drainage facilities, parks and neighborhood greens, and other utilities. The phasing plan may be amended from time-to-time upon written approval by the Public Works Director. Prior to issuance of building permits (except permits for model homes) within an individual map phase, all streets and improvements shown on the phasing plan, all streets necessary for access to the proposed homes, associated improvements included in the approved improvement plans and other infrastructure as necessary for adequate public access and use shall be substantially complete to the satisfaction of the Public Works Director. These improvements including sound walls and landscaping shall be fully constructed to the satisfaction of the City’s Public Works Department prior to the first occupancy. The credit for the proposed signal at the intersection of Raymer Way and Grant Line Road shall be based on the actual cost, but not more than the four hundred thousand dollars ($400,000) through the Citywide Transportation Development Impact Fee Program. The terms of this credit shall be incorporated into a Credit and Reimbursement Agreement between City and Developer.

7.4 Centennial Drive. The Entitlements include a General Plan Amendment to remove Centennial Drive within the boundary of the Project from the City’s Circulation Element of the General Plan. City acknowledges and agrees that Developer has no obligation to construct this portion of Centennial Drive and that this provision is vested for the Term of this Agreement and, thereafter, unless and until a subsequent General Plan Amendment is adopted by the City.

7.5 County Reciprocal Funding Agreement. City has evaluated in the FEIR the potential impacts to roads outside the City boundaries and whether this Project has any obligation to contribute towards any impacts that may be included within a reciprocal funding agreement with the County of Sacramento (“County”) that addresses the impacts of projects on Sacramento County roadways, as well as other cross-jurisdictional roadway impacts related to planned development in the City and County. City has concluded, based upon a review of the Traffic Impact Analysis in the FEIR that Developer shall not be required to contribute to any fees under the County Reciprocal Funding Agreement.

7.6 Purchase of Credits. City acknowledges that Developer may have the opportunity to purchase credits from other owners of property within the City. To the extent the purchase of credits from a third party are allowed under a Credit and Reimbursement Agreement, City will allow for those credits to be applied against any similar fees owed under this Agreement. The Credit will identify any applicable geographic limitations on the use of credits purchased from other owners of property.

8. Affordable Housing Plan. This Section 8 is the Affordable Housing Plan for the Project required by Rancho Cordova Housing Element Policy H.1.5. It has two components:
the Property’s fair share of the Regional Housing Needs Allocation (RHNA) and affordable housing performance by an in-lieu fee pursuant to the City’s Housing Element Action H.1.2.1 and Action H.1.5.1.

ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

8.1 Regional Housing Needs Allocation for The Preserve. The Project is less than 100 gross acres, therefore pursuant to Housing Element Action H.1.2.1, the RHNA acreage obligation is zero (0) acres of land zoned for high density housing at a minimum of 30 dwelling uniters per acre, and zero (0) acres of land zoned for medium density housing at a minimum of 10 dwelling units per acre.

8.2 Affordable Housing In-Lieu Fee. Developer shall pay City a fee of $6,264.48 for each single-family dwelling unit (the “Affordable Housing In-Lieu Fee”). Beginning January 1, 2023, the Affordable Housing Fee shall be adjusted annually on January 1 based upon the October to October index value increase found in the 20 City Building Cost Index published in Engineernig News Records (ENR), averaged with the ENR’s index of the City of San Francisco between October and October of each year. The Affordable Housing Fee shall be paid to City upon issuance of a building permit for each residential unit within the Property. It shall be used by City, at its sole discretion, to acquire, renovate, repair, improve or otherwise create any units of affordable housing to households with incomes ranging from zero to 120% of the Sacramento County area median income. City acknowledges that Developer’s payment of the Affordable Housing In-Lieu Fee satisfies Developer’s obligation to provide affordable housing or inclusionary housing or such other exaction related thereto associated with Development of the property.

9. Dedication of Public Rights of Way and Other Public Lands. Within thirty (30) days of receipt of a written dedication request from City, regardless of the status of any final or tentative maps, Developer shall grant irrevocable dedications of rights of way and easements to City, in a form acceptable to City, for those portions of the Property required to construct such infrastructure or improvements. Consistent with Developer’s right to construct infrastructure in phases (as defined in Section 7.3), Developer has the right to dedicate (whether in fee, by easement or right of way) by phases, including but not limited to land required for public improvements, park land and open space land, and with reference only to the land included within a particular phase. This provision shall be included as a note on all tentative subdivision maps.

The cost of preparing the dedication documents, including the engineering and surveying costs related thereto, shall be paid by the Developer initiating or necessitating the request for the dedication. In addition to granting such irrevocable offers of dedication, Developer shall also grant temporary construction easements for reasonable access onto the Property to construct such infrastructure or improvements, which shall be assignable to any Developer who intends to construct such infrastructure or improvements. Developer shall obtain the consent of any and all beneficiaries under any deeds of trust or mortgages or other such holders of monetary claims or liens against the Property to subordinate their interests therein to such dedicated rights of way and easements.

9.1 Off-site Improvements (Acquisition). Developer may be required to perform off-site improvements included in Exhibit G. If Developer is unable to secure suificient title or interest in lands, or access to the lands, despite Developer’s best faith effort, nothing shall prohibit Developer from exercising any and all rights available to it pursuant to Government Code section 66462.5 prior to the filing of any final or parcel map for which such off-site improvement was conditioned. If Developer is unable to secure the Real Property Interests necessary for off-site improvements, Developer shall provide evidence to City that Developer has exercised all reasonable efforts to acquire the Real Property Interests.

Developer may thereafter request and, at City’s sole and absolute discretion, City may agree to assist in the acquisition of the necessary Real Property Interests, subject to the additional conditions in this Section. City shall provide to Developer a reasonable estimation of all costs the City may reasonably incur (including the costs of eminent domain proceedings, legal fees ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

and costs, and the value of the Real Property Interests) and Developer shall provide this amount to the City as Security. Upon receipt of the Security in a form acceptable to the City Attorney, City shall commence negotiations to purchase the necessary Real Property Interests to allow Developer to construct the public improvements. If necessary, and only after such negotiations by City and in accordance with the procedures established and to the extent allowed by law, City shall within a reasonable time frame and so as not to delay construction of improvements to serve the Project consider the exercise of its power of eminent domain to acquire such Real Property Interests, including securing an order for immediate possession.

Any such acquisition by the City is subject to the City’s sole and absolute discretion, which is expressly reserved by City, to consider whether or not it chooses to exercise its eminent domain power and to make all necessary findings to acquire such Real Property Interests, including a finding of public necessity. After Developer has provided the Security in a form acceptable to the City Attorney, the City shall not withhold any building permits based on the lack of the necessary title to Real Property Interests for off-site improvements. However, notwithstanding any provision contained in this Agreement to the contrary, the City shall not have any obligation to acquire the Real Property Interests.

10. Amendment or Cancellation.

10.1Amendment by Mutual Consent, Minor Revisions. This Agreement may be amended in writing from time to time by mutual consent of the Parties hereto, and in accordance with the procedures of state law and the Municipal Code. Any amendment of this Agreement that does not constitute a Minor Revision as defined herein shall require amendment of this Agreement. Any such amendment that does not constitute a Minor Revision may be requested and made with respect to the Property, or a portion thereof, in which case only the owner(s) of such portion of the Property subject thereto shall be required to apply for and sign such partial amendment of this Agreement. A Minor Revision shall mean any change to this Agreement which does not relate to the term (excluding automatic extensions), permitted uses, density or intensity of use, height or size of buildings, provisions for reservation or dedication of land, or monetary contributions by the Developer, or other similar or material provisions, in so far as the revision meets any applicable City-wide standards. The City Manager, with the consent of the Developer, has the discretion to approve Minor Revisions without the requirement for a public hearing or approval by the City Council.

10.2Cancellation by Mutual Consent. Except as otherwise permitted herein, this Agreement may be canceled in whole or in part only by the mutual written consent of the Parties or their successors in interest, in accordance with Government Code section 65868 and the Municipal Code. Any fees paid pursuant to this Agreement and spent by City prior to the date of cancellation shall be retained by City.

10.3Automatic Termination Upon Completion and Sale of Residential Unit.

This Agreement shall automatically be terminated, without any further action by either Party or need to record any additional document, with respect to any single-family residential lot for residential use, upon completion of construction and issuance by City of a final inspection for a dwelling unit upon such residential lot and conveyance of such improved residential lot by Developer to a bona-fide good faith purchaser thereof. In connection with its issuance of a final inspection for such improved lot, City shall confirm that: (i) all improvements which are required to serve the lot, as determined by City pursuant to the Entitlements and Subsequent Entitlements, have been accepted by City; and (ii) the lot is included within any financing districts or mechanisms required by Section 7 or other financing mechanism acceptable to City, to the extent required hereby. Termination of this Agreement for any such residential lot as ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

provided for in this Section 10.3 shall not in any way be construed to terminate or modify any assessment district or Mello-Roos Community Facilities District lien affecting such lot at the time of termination.

10.4Termination upon Request. This Agreement may also be terminated, at the election of the then property owner, with respect to any legally subdivided parcel designated for residential or nonresidential use (other than parcels designated for public use), when recording a final subdivision map for such parcel, or receiving a certificate of occupancy or final inspection, whichever is applicable, by giving written notice to City of its election to terminate the Agreement for such parcel, provided that: (i) all improvements which are required to serve the parcel, as determined by City pursuant to the Entitlements and Subsequent Entitlements, have been accepted by City; (ii) the parcel is included within any financing districts or mechanisms required by Section 7, or other financing mechanisms acceptable to City, to the extent required hereby; (iii) all other financial obligations to City under this Agreement that are outstanding or as to the parcels subject to the request for termination, have been satisfied, including without limitation, satisfaction of all obligations under Sections 6 - 8 hereinabove to pay Park Development Fee, Community Renovation Fees, Community Places Fees, Affordable Housing Fees, and/or planning reimbursements, that are then outstanding for the portion thereof subject to such termination; and (iv) the Developer of such portion of the Property is not in Default of this Agreement and no notice of Default has then been issued by City with respect to such portion of the Property. City shall cause any written notice of termination approved pursuant to this Section to be recorded with the Sacramento County Recorder against the applicable parcel at Developer’s expense. Termination of this Agreement for any such residential parcel as provided for in this Section 10.4 shall not in any way be construed to terminate or modify any assessment district or Mello-Roos Community Facilities District lien affecting such parcel at the time of termination.

10.5Termination on Preserve Buffer. This Agreement shall terminate as to the buffer parcels (N, O, P, Q and R) shown in Exhibit E or any parcels thereof when (i) the Developer has completed all its obligations under the Development Agreement and the Entitlements regarding the buffer, and (ii) the South Sacramento Habitat Conservation Agency Joint Powers Authority (HCP) accepts the transfer of title and maintenance responsibility for the buffer to the JPA. The City shall, upon request by the Developer or the HCP and receipt of written notice of the above from the Developer or the HCP, cause a notice of termination to be recorded or provide other evidence of termination of the Agreement on the subject buffer to the Developer or the HCP.

11. Annual Review.

11.1 Annual Review. City reserves the right to annually monitor and review each Developer’s good faith compliance with the terms of this Agreement and the Entitlements.

11.2 Monitoring. City has discretion to monitor the continuing compliance of the terms of this Agreement and the Entitlements by updating decision-makers, conducting field inspections in compliance with applicable laws, implementing and interpreting requirements, monitoring any litigation relating to the Property, and taking any other actions that are within the City’s exercise of its legal, permit or contractual obligations.

11.3 Annual Review Date. City intends to conduct an annual review each year during the term of this Agreement in September of each year after the Effective Date.

11.4 Initiation of Review. City’s Planning Director initiates the annual review by giving Developer written notice that City will conduct the annual review. The Planning Director’s ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

written notice will include an estimate of the total costs City expects to incur in connection with the review. Within thirty (30) days of City’s notice, Developer must provide evidence to the Planning Director to demonstrate good faith compliance with this Development Agreement. The burden of proof, by substantial evidence of compliance, is upon the Developer. City’s failure to timely initiate the annual review is not a waiver of the right to conduct a review at a later date or otherwise enforce the provisions of this Development Agreement. Developer is not in default under this Agreement by virtue of a failure by City to timely initiate review.

11.5 Staff Reports. City shall deposit in the mail to Developer a copy of all staff reports and related exhibits concerning contract performance at least twenty (20) days prior to any annual review. City shall also, to the extent practicable, make reasonable efforts to provide simultaneous notice to Developer by e-mail or other then-available means of electronic technology.

11.6 Costs. Costs reasonably and directly incurred by City in connection with the annual review and monitoring shall be paid by Developer in accordance with the City’s schedule of fees and billing rates in effect at the time of review. The costs that Developer may be required to pay are not limited to the amount in the Planning Director’s estimate.

11.7 Non-compliance with Agreement; Hearing. If the Planning Director determines, on the basis of substantial evidence, that Developer has not complied in good faith with the terms and conditions of this Development Agreement during the period under review, the City Council may initiate proceedings to modify or terminate the Agreement, at which time an administrative hearing shall be conducted before the City Council in accordance with the procedures of state law (Government Code sections 65090 and 65091). As part of that final determination, the City Council may impose conditions on the Project that it considers necessary and appropriate to protect the interests of City. Developer shall notify the City in writing at least seven (7) days before the hearing of any and all issues of non-compliance by City with the terms of this Development Agreement, and the City Council shall review and make findings concerning the compliance of all Parties to the Agreement. If the City contends that Developer has not complied in good faith with the terms and conditions of this Development Agreement, City shall provide Developer in writing the basis for that conclusion no later than seven (7) business days before the hearing of any and all issues of noncompliance by the City Council.

11.8 Appeal of Determination. The decision of the City Council as to a Developer’s compliance shall be final. Any court action or proceeding to challenge, review, set aside, void, or annul any compliance determination by the City Council must be commenced within ninety (90) days of the final decision of the City Council in accordance with the California Code of Civil Procedure, or the Developer forfeits the right to seek judicial review.

12. Violation of Entitlements. In addition to complying with all terms of this Agreement, Developer agrees to perform all terms, conditions, and requirements of all other Entitlements. Any failure by Developer to perform any material term, condition, or requirement of any of the other Entitlements or Subsequent Entitlements is a violation of this Agreement, subject to default under Section 13 or if such a violation is identified as part of an Annual Review it is subject to the procedures set forth in Section 11.

13. Default and Opportunity to Cure. Subject to any applicable extension of time agreed to by the Parties in writing, failure by any Party to perform any term or provision of this Agreement required to be performed by such Party, including without limitation any violation of Section 12, constitutes an event of default (“Event of Default”). For purposes of this Agreement, ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

a Party claiming another Party is in default shall be referred to as the “Complaining Party,” and the Party alleged to be in default shall be referred to as the “Party in Default.” Except as provided in Section 11, a Complaining Party shall not exercise any of its remedies as the result of such Event of Default unless such Complaining Party first gives notice to the Party in Default as provided in Section 23, and the Party in Default fails to cure such Event of Default within the applicable cure period.

13.1 Procedure Regarding Defaults.

13.1.1. Notice of Default. If an Event of Default occurs, prior to exercising any remedies, the Complaining Party shall give the Party in Default written notice of such default, including a description of the factual basis for the alleged default. After City as the Complaining Party provides notice of an Event of Default by Developer, if such Event of Default is not cured within thirty (30) days after the Developer’s receipt of such notice, City may thereafter cease to issue any permit or approve any entitlement for which an application has been filed for any portion of the Property then owned or controlled by the Party in Default until the Default is cured pursuant to the procedures in this Section 13 or if the Event of Default is discovered or determined in the course of the Annual Compliance Review and there is a determination under the procedures set forth in Section 11 that there is no default.

13.1.2. Cure. The Party in Default must cure the default within thirty (30) days from the Notice of Default. The Complaining Party may pursue all available remedies if the Party in Default fails to cure the default within the 30-day time period. If the nature of the alleged default is such that it cannot reasonably be cured within thirty (30) days, the 30-day time period will be tolled if: (a) the cure is commenced at the earliest practicable date following receipt of the notice; (b) the cure is diligently prosecuted to completion at all times thereafter; (c) at the earliest practicable date (in no event later than thirty (30) days after the Party in Default’s receipt of the notice), the Party in Default provides written notice to the Complaining Party that the cure cannot practicably be completed within such thirty (30) day period; and (d) the cure is completed at the earliest practicable date. In no event shall Complaining Party be precluded from exercising remedies if a default is not cured within ninety (90) days after the first notice of default is given. If the Event of Default is discovered or determined in the course of the Annual Compliance Review, in addition to other remedies and potential cures, City shall have the statutory authority pursuant to Government Code section 65865.1 to decide to terminate or modify the Development Agreement following the opportunity to cure as provided in this Section 13.1.2.

13.1.3. Failure to Assert. Any failures or delays by a Complaining Party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies. Delays by a Complaining Party in asserting any of its rights and remedies shall not deprive the Complaining Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies.

13.1.4. Legal Proceedings. If the Party in Default fails to cure a default in accordance with the provisions of Section 13.1.2, the Complaining Party, at its option, may institute legal proceedings pursuant to this Agreement or terminate this Agreement. Upon the occurrence of an Event of Default, the Parties may pursue all other remedies at law or in equity, which are not otherwise provided for or prohibited by this Agreement or City’s regulations governing development agreements, expressly including the remedy of specific performance of this Agreement. In no event, except as provided in Sections 17, 20, and 21 of this Agreement, will either Party be liable to the other Party for any monetary damage for claims arising out of this ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

Agreement, and both Parties hereby expressly waive any such monetary damages.

Notwithstanding the foregoing, City may immediately institute any legal proceedings relating to this Agreement without the notice and opportunity to cure required in the case of an emergency or immediate danger to public health, safety, or welfare.

14. Estoppel Certificate. Either Party may, at any time, and from time to time, deliver written notice to the other Party requesting that the other Party certify in writing that, to the knowledge of the certifying Party: (i) this Agreement is in full force and effect and a binding obligation of the Parties; (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments; and, (iii) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, describing therein the nature and amount of any such defaults. A Party receiving a request hereunder shall execute and return such estoppel certificate, or give a written detailed response explaining why it will not do so, within thirty (30) days following the receipt of each such request. Each Party acknowledges that such an estoppel certificate may be relied upon by third parties acting in good faith. A certificate provided by City establishing the status of this Agreement with respect to the Property or any portion thereof shall be in recordable form and may be recorded at the expense of the recording Party.

15. Severability. If any part of this Agreement is for any reason held to be unenforceable, the rest of the Agreement remains fully enforceable. If, however, a provision of this Agreement is determined to be invalid or unenforceable and the effect is to deprive a Party of an essential benefit of this Agreement, then the Party so deprived may request that the other Party meet and confer in an attempt to amend the Agreement in a manner that is acceptable to both Parties and/or terminate this entire Agreement upon written notice to the other Party.

16. Applicable Law. California law applies to this Agreement without regard for any choice-of-law rules that might direct the application of the laws of any other jurisdiction. Venue for all legal proceedings arising out of this Agreement shall be the Superior Court for the State of California, County of Sacramento.

17. Attorneys’ Fees and Costs in Legal Actions by Parties to the Agreement.

Should any legal action be filed by either Party for breach of this Agreement or to enforce any provisions herein, the prevailing party in the action is entitled to reasonable attorneys’ fees, expert witness fees, court costs, and any other costs as may be fixed by the Court.

18. Agreement Runs with the Land. Except as otherwise provided for in this Agreement, all of the provisions, rights, terms, covenants, and obligations contained in this Agreement are binding upon the Parties and their respective heirs, successors and assignees, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever. All of the provisions of this Agreement are enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable laws, including but not limited to Section 1468 of the California Civil Code. Each covenant to do, or refrain from doing, some act on the Property, or with respect to any owned property: (i) is for the benefit of such properties and is a burden upon such properties; (ii) runs with such properties; and (iii) is binding upon each Party and each successive owner during its ownership of such properties or any portion thereof, and shall be a benefit to and a burden upon each Party and its property hereunder and each other person succeeding to an interest in such properties.

ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

19. Bankruptcy. The obligations of this Agreement are not dischargeable in bankruptcy unless so adjudicated by a court of competent jurisdiction. In the event of a bankruptcy by Developer, Developer shall include City as an interested party entitled to notice.

20. Indemnification from Construction, Improvement, Operation, and Maintenance Claims. Developer agrees to indemnify, defend with counsel selected by City, and hold harmless City, and its elected and appointed councils, boards, commissions, officers, officials, agents, employees, and representatives, from any and all claims, costs (including legal fees and costs incurred by City or awarded to plaintiffs) and liability for any personal injury or property damage which may arise directly or indirectly as a result of any actions or inactions by Developer, or any actions or inactions of Developer’s contractors, subcontractors, agents, or employees in connection with the construction, improvement, operation, or maintenance of the Property or the Project. Developer has no indemnification obligation with respect to the gross negligence or willful misconduct of City, or its elected and appointed councils, boards, commissions, officers, officials, agents, employees, and representatives or with respect to the maintenance, use, or condition of any improvement after the time it has been dedicated to and accepted by City or another public entity (except as provided in an improvement agreement or maintenance bond). The provisions of this Section 20 shall survive the termination of this Agreement.

21. Cooperation and Indemnification of City in Event of Legal Challenge to This Agreement or Entitlements. In the event of any legal or equitable action or other proceeding instituted by any third party challenging the validity of any provisions of this Agreement or the Entitlements, or seeking to overturn or invalidate any approval granted pursuant to this Agreement:

21.1 The Parties agree to cooperate in defending against the action or proceeding;

21.2 The Developer shall be solely responsible for its own costs and any costs incurred by City for such defense;

21.3 Developer will indemnify, defend with counsel selected by City and hold harmless City, and its elected and appointed councils, boards, commissions, officers, officials, agents, employees, and representatives from any and all claims, costs (including legal fees and costs incurred by City or awarded to plaintiffs) and liability;

21.4 Neither Developer nor City shall settle any action or proceeding on grounds that include non-monetary relief or admissions of liability without written consent of the other Party. Neither Developer nor City shall settle any action with any monetary relief without the written consent of other Party, unless City is solely liable and agrees to pay such monetary relief; and

21.5 The provisions of this Section 21 shall survive the termination of this Development Agreement.

22. Third Party Beneficiaries. This Development Agreement is made and entered into for the sole protection and benefit of Developer and City and their successors and assigns. No other person, agency or entity shall have any right of action based upon any provision in this Agreement.

ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

23. Notices. All notices and other communications required or permitted under this Agreement, the enabling legislation, or the procedure adopted pursuant to Government Code section 65865, must be in writing and must be delivered in person or sent by certified mail, postage prepaid, or by facsimile or electronic mail.

Notice required to be given to City shall be addressed as follows:

CITY OF RANCHO CORDOVA
Director of Community Development
2729 Prospect Park Drive
Rancho Cordova, CA 95670
Fax: (916) 851-8762
E-mail: [email protected]
Notice required to be given to Developer shall be addressed as follows:
________________________
George M. Carpenter, Jr.

TDW Enterprises
3001 I Street, Suite 300
Sacramento, CA 95816
Fax: (916) 930-0927
E-mail: [email protected]
With a copy to:

Martha Clark Lofgren
Brewer Lofgren LLP
106 N. Granite Circle
Folsom, CA 95630
e-mail [email protected]
__________________________
Either Party may change the address stated herein by giving notice in writing to the other Party, and thereafter notices shall be addressed and transmitted to the new address.

24. Assignment and Release. From and after recordation of this Agreement against the Property, Developer shall within forty-five (45) days of the recording of the sale of the Property, or any portion thereof, assign this Agreement as to the Property, or such portion thereof, in connection with any sale, transfer or conveyance thereof, provided that Developer has paid City any and all fees or amounts due to City arising out of this Agreement or the processing of the Entitlements, or the development of the portion of the Property to be assigned. The assignment will recognize and include in the assignment payment of fees such as permit fees and impact fees that will become due and payable at the time of building permit issuance or certificate of occupancy and which have not yet become due and payable at the time of the assignment and transfer of the Property (or portion thereof). The form of the assignment and assumption agreement is attached hereto as Exhibit H. The assignment will be effective after (i) written notice to the City of the intent to assign this Agreement, (ii) confirmation by the Planning Director Field Cod
ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

that Developer is not in default of any provision of this Agreement, (iii) confirmation by the Planning Director that Developer has paid to City any and all fees or amounts that are due to City at the time of the assignment, subject to any limitations on the scope of fees, Exactions, assessments or charges set forth in this Agreement, and (iv) Developer has provided to the City Planning Director the express written assignment by Developer and assumption by the assignee of such assignment in the form attached hereto as Exhibit H. Upon the satisfaction of each of the preceding items and the conveyance of Developer’s interest in the Property related thereto, Developer shall be released from further liability or obligation related to the portion of the Property so conveyed and the assignee will be considered the “Developer,” with all rights and obligations related thereto, with respect to such conveyed property (the “Assigned Property”).

25. Mortgagee Protection. The parties hereto agree that this Agreement shall not prevent or limit Developer, in any manner, at Developer’s sole discretion, from encumbering the Property or any portion thereof by any mortgage, deed of trust or other security device securing financing with respect to the Property. City acknowledges that lenders providing any such financing may require certain Agreement interpretations and modifications, and agrees upon request, from time to time, to meet with Developer and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification, provided such interpretation or modification is consistent with the intent and purposes of this Agreement.

Any lender or other such entity (a “Mortgagee”) that obtains a mortgage or deed of trust against the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, for which Mortgagee has submitted a request in writing to City in the manner specified herein for giving notices, may request to receive written notification from City of any Event of Default by Developer in the performance of Developer’s obligations under this Agreement.
(c) If City receives a timely request from a Mortgagee requesting a copy of any notice of an Event of Default given to Developer under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of Event of Default to Developer. The Mortgagee shall have the right, but not the obligation, to cure the Event of Default during the remaining cure period allowed to Developer under this Agreement.
(d) Any Mortgagee who comes into possession of the Property, or any part thereof, by any means, whether pursuant to foreclosure of the mortgage, deed of trust, or deed in lieu of such foreclosure or otherwise, shall take the Property, or part thereof, subject to the terms of this Agreement; provided, however, notwithstanding anything to the contrary above, any Mortgagee, or successor or assign of such Mortgagee, who becomes an owner of the Property through foreclosure shall not be obligated to pay any fees or construct or complete the construction of any improvements, unless such owner desires to continue Development of the Property consistent with this Agreement and the Entitlements, in which case the owner by foreclosure shall assume the obligations of Developer hereunder in a form acceptable to City.

ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

(e) The foregoing limitation on Mortgagees and owners by foreclosure shall not restrict City’s ability pursuant to Section 9 of this Agreement to specifically enforce against such Mortgagees or owners any dedication requirements under this Agreement or dedication requirements under any conditions of any other Entitlements.

26. Priority of Enactment. In the event of conflict between this Development Agreement and the Entitlements, this Development Agreement is controlling, and the Parties will meet and confer in good faith to amend the Entitlements accordingly.

27. Form of Agreement; Recordation; Exhibits. This Agreement shall be deemed “entered into” for purposes of Government Code section 65868.5 as of the date of execution by the City and the City will record this Agreement and any subsequent amendment to this Agreement, with the County Recorder within ten (10) days as required by Government Code section 65868.5. In the event that Developer fails to meet the requirements of Section 4.1.1, the Developer shall sign and City will record documentation prepared by the City to evidence termination of this Agreement. City will also record any termination of this Agreement, including any parts or provisions of this Agreement, except when this Development Agreement automatically terminates due to the expiration of the Term of this Agreement. Any amendment or termination of this Development Agreement that affects less than all of the Property must describe the portion of the property that is the subject of the amendment or termination. This Agreement is executed in three duplicate originals, each of which is deemed to be an original. This Agreement consists of __ pages and __ exhibits, which constitute the entire understanding and agreement of the Parties.

28. City Manager Authorization. The City of Rancho Cordova, a municipal corporation, has authorized this Development Agreement to be executed in duplicate by its City Manager and attested to by its City Clerk under the authority of Ordinance No. ______adopted by the Council of the City on the __ day of , 2021, and has caused this Agreement to be executed.
“CITY”

CITY OF RANCHO CORDOVA,
a municipal corporation
By: _________________________________
Name: Cyrus Abhar
Its: City Manager
Date: _______________________________
“DEVELOPER”
TDW Enterprises LP,
a California limited partnership
By: Brothers R.P. LLC,
a California limited liability company,
its General Partner
By: _________________________________
Name: Thomas P. Winn
Its: Manager
Date: _______________________________
ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

ATTEST:
__________________________________
City Clerk
Winn Development II, LLC,
a California limited liability company
By:
___________________________________
David L. Winn, Manager
Date: _________________________
APPROVED AS TO FORM:
_________________________________
Adam U. Lindgren
City Attorney
Date: ____________________________
ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

5019396.25
ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

EXHIBIT LIST
Exhibit A: Map of the Property
Exhibit A-1 Legal Description of the Property
Exhibit B-1: Legal Description of the TDW Property
Exhibit B-2: Map Depicting the TDW Property
Exhibit C-1: Legal Description of the Whitlow Property
Exhibit C-2: Map Depicting the Whitlow Property
Exhibit D-1: Legal Description of the Divine Property
Exhibit D-2: Map Depicting the Divine Property
Exhibit E: Map Depicting Park Land Dedication
Exhibit F: Map Depicting Open Space Dedication
Exhibit G: Infrastructure Phasing Plan
Exhibit H: Form of Assignment and Assumption Agreement
ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

EXHIBIT A

MAP OF THE PROPERTY
ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

THE PRESERVE

EXHIBIT A ( PROPERTY )

CITY OF RANCHO CORDOVA, CALIFORNIA
ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

EXHIBIT A-1

LEGAL DESCRIPTION OF THE PROPERTY
ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

EXHIBIT A‐1

LEGAL DESCRIPTION
Real property situate in the City of Rancho Cordova, County of Sacramento, State of California and being a portion of Parcel 3 as shown on that certain Parcel Map recorded December 16, 1976 in Book 29 of Parcel Maps at Page 28, Sacramento County Records, and being more particularly described as follows:

Beginning at the southwest corner of said Parcel 3, thence along the west line of Parcel 3, North 00° 55' 35" West – 1114.01 feet, thence leaving said west line of Parcel 3 for the following sixteen (16) courses:
1) North 62° 13' 01" East ‐ 545.41 feet;
2) North 78° 00' 42" East ‐ 122.26 feet;
3) North 26° 12' 33" East ‐ 79.12 feet;
4) North 78° 27' 05" East ‐ 154.52 feet;
5) North 69° 47' 56" East ‐ 354.95 feet;
6) North 70° 44' 08" East ‐ 283.92 feet;
7) North 12° 50' 01" East ‐ 154.97 feet;
8) North 76° 22' 02" East ‐ 340.74 feet;
9) South 36° 00' 57" East ‐ 246.16 feet;
10) South 89° 34' 20" East – 729.30 feet;
11) North 54° 11' 29" East ‐ 691.87 feet;
12) North 84° 38' 07" East ‐ 410.52 feet;
13) South 28° 36' 41" West ‐ 2753.19 feet;
14) North 00° 56' 05" West ‐ 769.24 feet;
15) South 89° 04' 52" West ‐ 1128.90 feet;
16) South 00° 55' 48" East ‐ 498.05 feet to the southerly line of said Parcel 3; thence South 89° 05' 59" West ‐ 1129.50 feet to the Point of Beginning.

Containing 98.915 acres of land area, more or less.

ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

EXHIBIT B-1

LEGAL DESCRIPTION OF THE TDW PROPERTY
ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

EXHIBIT B‐1

LEGAL DESCRIPTION
Real property situate in the City of Rancho Cordova, County of Sacramento, State of California and being a portion of the Tract 3 as shown on the Plat of Survey of Property of John B Haase, et al, in Rancho Rio De Los Americanos recorded September 11, 1928 in Book 3 of Surveys, Map No 21, Sacramento County Records, and being more particularly described as follows:

Beginning at the southeast corner of Parcel 6, as shown on that certain Parcel Map recorded December 16, 1976 in Book 29 of Parcel Maps at Page 28, Sacramento County Records thence North 00° 55' 13" West – 1207.67 feet, thence for the following five (5) courses:
1) South 89° 34' 20" East ‐ 380.54 feet;
2) North 54° 11' 29" East ‐ 691.87 feet;
3) North 84° 38' 07" East ‐ 410.52 feet;
4) South 28° 36' 41" West ‐ 2753.19 feet;
5) North 00° 56' 05" West ‐ 769.24 feet to the Point of Beginning.

Containing 30.487 acres of land area, more or less.

ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

EXHIBIT B-2

MAP DEPICTING THE TDW PROPERTY
ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

THE PRESERVE
EXHIBIT B-2 ( TDW PROPERTY )

CITY OF RANCHO CORDOVA, CALIFORNIA
ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

EXHIBIT C-1

LEGAL DESCRIPTION OF THE WHITLOW PROPERTY
ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

EXHIBIT C‐1

LEGAL DESCRIPTION
Real property situate in the City of Rancho Cordova, County of Sacramento, State of California and being a portion of Parcel 3 as shown on that certain Parcel Map recorded December 16, 1976 in Book 29 of Parcel Maps at Page 28, Sacramento County Records, and being more particularly described as follows:

Beginning at the southwest corner of said Parcel 3, thence along the west line of Parcel 3, North 00° 55' 35" West – 1114.01 feet, thence leaving said west line of Parcel 3 for the following eight (8) courses:
1) North 62° 13' 01" East ‐ 545.41 feet;
2) North 78° 00' 42" East ‐ 122.26 feet;
3) North 26° 12' 33" East ‐ 79.12 feet;
4) North 78° 27' 05" East ‐ 154.52 feet;
5) North 69° 47' 56" East ‐ 354.95 feet;
6) South 00° 55' 15" East ‐ 342.45 feet;
7) South 00° 55' 15" East ‐ 759.94 feet;
8) South 00° 55' 48" East ‐ 498.05 feet to the southerly line of said Parcel 3; thence South 89° 05' 59" West ‐ 1129.50 feet to the Point of Beginning.

Containing 35.755 acres of land area, more or less.

ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

EXHIBIT C-2

MAP DEPICTING THE WHITLOW PROPERTY
ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

THE PRESERVE
EXHIBIT C-2 ( WHITLOW PROPERTY )

CITY OF RANCHO CORDOVA, CALIFORNIA
ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

EXHIBIT D-1

LEGAL DESCRIPTION OF THE DIVINE PROPERTY
ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

EXHIBIT D‐1

LEGAL DESCRIPTION
Real property situate in the City of Rancho Cordova, County of Sacramento, State of California and being a portion of Parcel 6 as shown on that certain Parcel Map recorded December 16, 1976 in Book 29 of Parcel Maps at Page 28, Sacramento County Records, and being more particularly described as follows:

Beginning at the southeast corner of said Parcel 6, thence along the south line of Parcel 6, South 89° 04' 52" West ‐ 1128.90 feet, thence for the following nine (9) courses:
1) North 00° 55' 15" West ‐ 1102.39 feet;
2) North 70° 44' 08" East ‐ 283.92 feet;
3) North 12° 50' 01" East ‐ 154.97 feet;
4) North 76° 22' 02" East ‐ 340.74 feet;
5) South 36° 00' 57" East ‐ 246.16 feet;
6) South 89° 34' 20" East ‐ 348.76 feet to the easterly line of Parcel 6; thence along said easterly line South 00° 55' 13" East ‐ 1207.67 feet to the Point of Beginning.

Containing 32.673 acres of land area, more or less.

ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

EXHIBIT D-2

MAP DEPICTING THE DIVINE PROPERTY
ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

THE PRESERVE
EXHIBIT D-2 ( DIVINE PROPERTY )

CITY OF RANCHO CORDOVA, CALIFORNIA
ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

EXHIBIT E

MAP DEPICTING PARK LAND DEDICATION
ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

THE PRESERVE

EXHIBIT E -(CRPD NEIGHBORHOOD PARKS)

CITY OF RANCHO CORDOVA, CALIFORNIA
ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

EXHIBIT F

MAP DEPICTING OPEN SPACE DEDICATION
ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

THE PRESERVE

EXHIBIT F - OPEN SPACE
(GREEN INFRASTRUCTURE)
& (COMMUNITY PLACES)

CITY OF RANCHO CORDOVA, CALIFORNIA
ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

EXHIBIT G

INFRASTRUCTURE PHASING PLAN
ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

THE PRESERVE
EXHIBIT G - PHASE 1 INFRASTRUCTUREPHASINGPLAN

CITY OF RANCHO CORDOVA, CALIFORNIA

THE PRESERVE
EXHIBIT G - PHASE 1 INFRASTRUCTURE PHASING PLAN

CITY OF RANCHO CORDOVA, CALIFORNIA
ITEM 11.1.

ATTACHMENT 16
Exhibit A to the Ordinance

THE PRESERVE
EXHIBIT G - PHASE 2 INFRASTRUCTUREPHASINGPLAN

CITY OF RANCHO CORDOVA, CALIFORNIA

THE PRESERVE
EXHIBIT G - PHASE 2 INFRASTRUCTURE PHASING PLAN

CITY OF RANCHO CORDOVA, CALIFORNIA
ITEM 11.1.

ATTACHMENT 16
Exhibit A to the Ordinance

EXHIBIT H

FORM OF ASSIGNMENT AND ASSUMPTION AGREEMENT
ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

EXHIBIT H

FORM OF ASSIGNMENT AND ASSUMPTION AGREEMENT

ASSIGNMENT AND ASSUMPTION AGREEMENT
RELATIVE TO _____________________
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (hereinafter, the "Agreement") is entered into this ________ day of __________ 20__, by and between _____________, a __________________ (“Developer”), and _______________________, a _________________ ("Assignee").

RECITALS
On ____________, 2022, the City of Rancho Cordova and TDW Enterprises, LP, a California Limited Partnership (“TDW”) and Winn Development II, LLC (“Winn Development”) (TDW and Winn Development II are collectively referred to as “Developer”) entered into that certain agreement entitled "Development Agreement relative to the Preserve Project” ("Development Agreement"). Pursuant to the Development Agreement, Developer agreed to develop certain property more particularly described in the Development Agreement ("Property"), subject to certain conditions and obligations as set forth in the Development Agreement. The Development Agreement was recorded against the Property in the Official Records of Sacramento County on _________________, 2022, as Instrument No. 2022-_____________________.

Developer intends to convey a portion of the Property to Assignee, commonly referred to as Parcel(s) _________, and more particularly identified and described in Exhibit A, attached hereto and incorporated herein by this reference (hereinafter the "Assigned Parcel").

Developer desires to assign and Assignee desires to assume all of Developer’s rights, title, interest, burdens and obligations under the Development Agreement with respect to and as related to the Assigned Parcel.

ASSIGNMENT AND ASSUMPTION
NOW, THEREFORE, Developer and Assignee hereby agree as follows:

Developer hereby assigns, effective as of Developer's conveyance of the Assigned Parcel to Assignee, all of the rights, title, interest, burdens and obligations of Developer under the Development Agreement with respect to the Assigned Parcel. Developer retains all the rights, title, interest, burdens and obligations under the Development Agreement with respect to all other property within the Property owned by Developer.

Assignee hereby assumes all of the rights, title, interest, burdens and obligations of Developer under the Development Agreement with respect to the Assigned Parcel, and agrees to observe and fully perform all of the duties and obligations of Developer under the Development Agreement with respect to the Assigned Parcel. The parties intend hereby that, upon the execution of this Agreement and conveyance of the Assigned Parcel to Assignee, Assignee shall become substituted for Developer as the "Developer " under the Development Agreement with ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

respect to the Assigned Parcel and Developer shall be released of and from any obligations or liabilities under the Development Agreement with respect to the Assigned Parcel.

All of the covenants, terms and conditions set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

The Notice address described in Section 23 of the Development Agreement for the Assignee with respect to the Assigned Parcel shall be:
______________________________
______________________________
______________________________
Attn: __________________________
IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the day and year first above written. This Agreement may be signed in identical counterparts.

DEVELOPER:
,
a
By:

Print Name:

Title:

ASSIGNEE:
,
a
By:

Print Name:

Title:

ITEM 11.1. ATTACHMENT 16 Exhibit A to the Ordinance

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 12.1.

DATE: April 4, 2022
TO: Honorable Mayor and Council Members
FROM: Stacy Delaney, Community Enhancement and Investment Senior Management Analyst
SUBJECT: UPDATE ON FISCAL YEAR 2022/23 COMMUNITY ENHANCEMENT &

INVESTMENT FUND APPLICATIONS RECEIVED FOR COUNCIL

CONSIDERATION

RECOMMENDATION
Staff to introduce and provide an update on the Fiscal Year 2022/23 Community Enhancement & Investment Fund grant applications received for Council consideration.

RESULT OF RECOMMENDED ACTION
City Council will receive a summary of Community Enhancement & Investment Fund grant applications, copies of applications and supplemental documents received for Council consideration. Staff will return with an update on April 18, 2022 and provide the Council with an adjusted summary of the grant applications received, including evaluation of each application for compliance with the established criteria and an overall recommendation. Additionally, a summary of internally led initiatives and the Legacy Fund allocation will be included.

BACKGROUND
The application period for the Fiscal Year 2022/23 Community Enhancement & Investment Fund opened on February 7, 2022 and closed on March 18, 2022. During this time, we received 94 grant applications. One application was withdrawn, leaving 93 for consideration.

Staff is in the process of reviewing each application according to the application criteria and prioritization method listed within the Fiscal Year 2022/23 Grant Application Process and Criteria document. While uncertainties about the COIVD-19 pandemic continue, and while California has moved past its "Blueprint for a Safer Economy", there may be future state and/or Sacramento County actions and/or orders which may restrict or prohibit certain activities from happening due to responses to the pandemic.

This information is being monitored closely to provide the best recommendation possible.

FISCAL IMPACT AND FUNDING SOURCE
The latest projection, shows that Measure H will provide approximately $11.4 million in revenue in Fiscal Year 2022/23. It is anticipated that the Community Enhancement & Investment Fund

City Council Staff Report - Page 2 of 2
process will run concurrent with the City's budget process with adoption planned in June of 2022.

ATTACHMENT(S)

1. April 4, 2022 Community Enhancement and Investment Fund PowerPoint

2. Community Enhancement and Investment Fund Application Matrix

3. FY 2022 2023 CEIF Grant Applications Binder

Community Enhancement & Investment Fund
April 4, 2022
CityOfRanchoCordova.org
ITEM 12.1. ATTACHMENT 1

Agenda
Overview
Budget Update
Applications Received
Initial Update
on the
Grant
Applications
ITEM 12.1. ATTACHMENT 1

OVERVIEW

COMMUNITY ENHANCEMENT & INVESTMENT FUND
ITEM 12.1. ATTACHMENT 1

Revenue
Forecast
FY 2021/22 Approved Budget: $10 million
• Current forecast for FY 2021/22 is
$11.2 million
FY 2022/23 Estimated Budget: $11.4 million
ITEM 12.1. ATTACHMENT 1

Allocation by Key
Community Priority FY 2021/22
24%
26%
17%
13%
15%
5%
Legacy Fund
Community Grants
Public Safety
Public Works
Community & Economic
Development
Administration & Communications
Based on the
$10 million
Approved budget
(Roll-up of Arts, Sports, Education, Other, etc.)
ITEM 12.1. ATTACHMENT 1

Tentative Allocation by Key
Community Priority FY 2022/23
24%
25%
16%
14%
16%
5%
Legacy Fund
Community Grants
Public Safety
Community & Economic
Development
Public Works
Administration & Communications
Based on the projected
$11.4 million budget
(Roll-up of Arts, Sports, Education, Other, etc.)
ITEM 12.1. ATTACHMENT 1

Budget Amounts
Funding Categories Current
Budget FY
2021/22
Estimated
Budget FY
2022/23
Legacy Project Allocation 2,407,000 2,736,000
Community Grants
(FY 2022/23 recommendations will be shared starting 4/18) 2,650,374 2,850,000 Public Safety 1,761,839 1,824,000
Infrastructure/Public Works 1,300,000 1,824,000
Community Development/Economic Development 1,475,000 1,596,000 Administration of Fund 500,000 570,000
Total $10,094,213 $11,400,000
ITEM 12.1. ATTACHMENT 1

Applications Received

PLANNING FOR THE FUTURE
ITEM 12.1. ATTACHMENT 1

Recap of
Applications
Received
Community Enhancement & Investment
Fund grant applications were accepted
from February 7, 2022, to March 18, 2022:
• 94 grant applications received, 1 withdrawn,
leaving 93
• Totaling more than $10 million dollars
• Anticipate recommending $2.85 million
dollars in community grant projects
• Recommendations will be presented
starting at the April 18th City Council
Meeting
ITEM 12.1. ATTACHMENT 1

Timeline to
CEIF Budget
Adoption
• Broad overview tonight
• April 18 Regular Meeting start the recommendations
on the community grant applications, internal
departments and legacy fund allocation, and any
Council requested items for consideration
• May 2 Regular Meeting continue the review of
community grant applications and any other sections
as needed
• May 16 Regular Meeting make preliminary budget
decisions by this date; no later than May 24th
• June 6 Regular Meeting adopt CEIF Resolution
concurrent with the City’s budget process
ITEM 12.1. ATTACHMENT 1

Fiscal Year 2022/23 Community Enhancement Investment Fund Project List App. Category Application Name Applicant's Project Description FY 2022/2023 Requested
1 Arts, Culture,
History,
Entertainment &
Sports
Learning STEAM Let’s
Build a Light
Sculpture!
This project proposes a semester-long program tailored for seventh and eight graders to teach them about methods and technology involved in the fabrication of an acrylic light sculptures. Each class session will be 60 to 90 minutes long and held once per week. The light sculpture will consist of 8 acrylic panels vertically attached to a 3D printed base. A row of LED lights embedded in the base below each panel will illuminate the panels through their edges, causing the patterns drawn or engraved on the panels to glow. The LEDs will be addressable, meaning that the color and brightness of each LED can be programmatically altered to allow for varying animated light patterns. The light patterns will be controlled by a smartphone connected to the art piece through a dedicated Wi-Fi connection on the phone. The students will build the sculpture during the final sessions of the semester and will see how the elements and technology learned throughout the semester will apply to the sculpture.
$ 11,180.00
2 Arts, Culture,
History,
Entertainment &
Sports
Rancho Cordova River
City Concert Band:

Enhancements
This project would provide funds to the Rancho Cordova River City Concert Band (RCRCCB) for equipment, musical talent, and related expenses, thereby enhancing its potential to provide high-quality musical performance events in the City of Rancho Cordova and to equip the RCRCCB to represent the City of Rancho Cordova as musical ambassadors within the region. The goal of the volunteer-driven RCRCCB is to engage with and represent the community of Rancho Cordova with superior musical performances, foster musical interest among children, bring world-class guest artists, conductors and composers to the Rancho Cordova stage, and to provide performance opportunities for skilled community musicians.
$ 20,000.00
3 Arts, Culture,
History,
Entertainment &
Sports
Nu Art Education:

Theater Arts & SEL
Integration Program at
Williamson
Elementary School
NorCal School of the Arts outreach program proposes to provide every classroom at Williamson Elementary School with 10 theatre arts and social-emotional learning (SEL) integrated classes as well as an after school production for students wanting to engage in further after school theatre arts programming. Grant funds provided by the City will enable NorCal School of the Arts to serve more than 500 students during school in the Fall of 2022. During the Spring of 2023, students will have the option to participate in an after-school program that will culminate in a fully-produced musical at the school. NorCal teaching artists are trained in weaving SEL strategies into theatre arts lessons. These classes will also act as a professional development opportunity for the Williamson Elementary classroom teachers to learn how to integrate SEL strategies through theatre arts. Teachers will have access to all the curriculum and Theatre/SEL-Integrated resources to continue the exercises once the program is completed.
$ 25,000.00
4 Arts, Culture,
History,
Entertainment &
Sports
Little Glory and the
Wamdemic! Education
Through Story Telling
This project proposes to fund the illustration and publication of the book, Little Glory and the Wamdemic! It features multi-cultural characters, colorful illustrations, rhyming words, and humor. It also addresses water conservation and coping with depression and anger. It is a true story of how to make lemonade when life gives you lemons.
$ 5,000.00
5 Arts, Culture,
History,
Entertainment &
Sports
Sacramento
Performing Arts
Conservancy:

Cordova Youth
Spotlight Orchestra
Expansion
This proposed project builds on progress in 2021/22, the pilot year of the Cordova Youth Spotlight Orchestra (CYSO). It expands student membership from 24 to 32 students. It opens beginning strings to all elementary grades. Based on learnings from the pilot, this project increases the frequency of classes from once to twice a week and seeks funds to pay all student tuition and supplies. Twenty-four scholarship students completed one year of instruction: 11 in orchestra and 13 in beginning strings. These students want to continue developing their skills, and new students are needed to expand the orchestra by 30% to 32 members or more. This project extends the beginning strings class to all elementary grades with parent participation required for students in grades 1 through 3 and encouraged for grades 4 through 6. In 2021, almost half of the CYSO applicants were elementary students who had no experience playing a musical instrument. Sacramento Performing Arts Conservancy accommodated them by adding a beginning strings class. By the end of the year, four beginning students were promoted to the orchestra, and beginning strings students outnumbered orchestra students. Students will receive instruction twice a week for 34 weeks beginning in September 2022 and ending in May 2023. Like the pilot project, students will perform at least two concerts for the Rancho Cordova community. Additional mini concerts were held during the pilot project and are likely to be held again. $ 22,000.00
1 of 23
ITEM 12.1. ATTACHMENT 2

Fiscal Year 2022/23 Community Enhancement Investment Fund Project List App. Category Application Name Applicant's Project Description FY 2022/2023 Requested
6 Arts, Culture,
History,
Entertainment &
Sports
Application Withdrawn Application Withdrawn $ -
7 Arts, Culture,
History,
Entertainment &
Sports
Mandarins of
Sacramento: Imperial
Winds
Mandarins proposes to introduce “Imperial Winds”, a winter performing arts ensemble focusing on brass and woodwind instruments, to be based in Rancho Cordova. Winter Winds ensembles present an original show each year, approximately 8–10 minutes in length, and refine it throughout the winter season. Shows are performed and are judged in various musical and visual categories. Musical repertoires vary widely among corps and include symphonic, jazz, big band, contemporary, rock, wind band, vocal, rap, Broadway, and Latin music, among other genres. Winter Winds ensembles do not have any required instrumentation. In fact, there are purposely less regulations and restrictions against winds groups, in regard to instrumentation. These less stringent rules exist in order to encourage experimentation and freedom of expression. Winds groups also often incorporate percussion elements and guard elements into their performances, resulting in a unique mix of electric synergy. Imperial Winds will address a current need in the community – high schools in Rancho Cordova only offer winter percussion and winter guard programs and Sacramento State only offers an independent winter percussion group. It will be open to all interested woodwind and brass players between the ages of 16-23 years of age. Experience camps will be held in November and December during which students will have the opportunity to hone the musical skills and learn basic movements used in the performances. In January, any interested student is eligible to audition for the forty available competitive openings in the ensemble. The ensemble will continue to practice and perfect their music and visual performance as a team.
$ 20,050.00
8 Arts, Culture,
History,
Entertainment &
Sports
Sacramento Theatre
Company: AfterSchool Musical
Production and InClass Theatre Arts
Sacramento Theatre Company teaching artists work alongside classroom teachers, and will introduce theatre arts integration concepts and techniques that will also enhance the teacher's ability to teach their students. This proposed program also engages parent and community participation with set building days, creating props and costumes, and helping with publicity. Decades of research demonstrates participation in theatre arts offers students a toolbox of fundamental skills that will enhance their ability to succeed in school and beyond. The benefits of theatre arts education for low-income children are especially profound. Specifically, studies have shown that theatre arts instruction and the creative process associated with theatre helps students to better succeed at school as they garner new ways of learning, creating, and focusing. This is a semester long-after-school theatre arts program. The project proposal includes professional development for the teachers in Theatre Arts Integration strategies for the classroom. In the 2021-2022 school year, STC was funded at White Rock Elementary School through a grant and funding would ensure their presence for another year. The program begins with theatre classes in every classroom for the purpose of engaging student interest in theatre arts prior to the start of the after-school program as well as to provide alternative arts integration methods to teach math, English and science through the arts to reach multiple learning styles. $ 20,000.00
9 Arts, Culture,
History,
Entertainment &
Sports
Western Swing
Society: The “Swing
Sweet Home” Project
The Western Swing Society (WSS) "Swing Sweet Home" Project is meant to engage the community of Rancho Cordova and nationwide about the preservation of Western Swing music, traditional dance, and history. The goal is to expand the outreach further into Rancho Cordova by posting monthly concerts from their dancehall in Rancho Cordova and post so others can see the activities going on in the heart of Rancho Cordova. Dances are held every 1st Sunday of the month that showcase a featured guest band, the house band, and are enjoyed by dancers who take to the dance floor. Recording live performances from the dances of classic tunes and making them available online for the community to enjoy is the purpose of the grant request. $ 7,272.84
10 Arts, Culture,
History,
Entertainment &
Sports
Phoenix Productions:

Rancho Cordova RiseUp Theatre Company
Development and
Construction Project
This grant will provide funds to Rancho Cordova Rise-up Theatre Company (RCRUT) for the continuing development of a high-quality, thriving theatre company and the construction of a 99-seat complex in the arts section of Rancho Cordova for the benefit of RCRUT and other Rancho Cordova non-profit performing arts organizations. Funding would provide plays, musicals, large and small events, and theatre complex construction.
$ 150,000.00
2 of 23
ITEM 12.1. ATTACHMENT 2

Fiscal Year 2022/23 Community Enhancement Investment Fund Project List App. Category Application Name Applicant's Project Description FY 2022/2023 Requested
11 Arts, Culture,
History,
Entertainment &
Sports
FCUSD: Mills Middle
School Drumline
Drumline intends to teach students how to become active members in a working and performing percussion ensemble. This course intends to attract those students who are less apt to sign-up for traditional band/orchestra courses, while continuing to offer the same fundamental musical training that motivates and inspires positive creativity. All students will learn to play and will be expected to demonstrate competency on battery percussion (snare/bass/tenor-drums), and orchestral percussion (marimba/xylophone/bells/timpani etc.). Grades are based on participation, attendance, practice, and rehearsal technique. Drumline performs at concerts, assemblies, school rallies and sporting events throughout the school year. Their sporting events attract members of the Rancho Cordova Community who will hear, see, and experience the community pride represented by Mills performance drumline. Drumline shows are cross-curricular in that they incorporate dance and movement, theatrical performance, and artistic set-design to create a narrative or explore a theme. Such productions are a reflection of the opportunities to celebrate and exchange ideas and interests unique to community culture, demonstrating positive personal and cultural awareness. Drumline will aid in creating repertoire for school and community building such as pep-rallies and athletic events. If funded, in years 2-4, a small amount of subsequent funding is requested ($1,500 each year). $ 15,000.00
12 Arts, Culture,
History,
Entertainment &
Sports
Sacramento Children's
Museum: “XOXO" An
Exhibit About Love &
Forgiveness"
Sacramento Children's Museum requests funding for a new exhibit called "XOXO" which is about love and forgiveness. If funded, it would debut in the Fall of 2022. This exhibit will help children explore their feelings and learn how we emotionally connect with others. Funding will also provide free admission to Rancho Cordova families on Sundays. For the past 10 years, the Sacramento Children’s Museum (SCM) has been a cornerstone educational and community resource in Rancho Cordova, providing children ages birth-8 with exciting, hands-on learning opportunities. Children learn STEM, art and literacy concepts through play in their 15 exhibit areas. $ 46,450.00
13 Arts, Culture,
History,
Entertainment &
Sports
Symphony d'Oro
Rancho Cordova:

Season 2022-23
This proposed project would provide funding to Symphony d'Oro Rancho Cordova to be expended for music, performance venue rental, recording fees, guest performing artist/composer fees and related expenses to continue and expand would-class orchestral music offerings in traditional and non-traditional venues in the City of Rancho Cordova. $ 26,000.00
14 Arts, Culture,
History,
Entertainment &
Sports
Sacramento Children’s
Museum: General
Operations Support
The Sacramento Children's Museum requests funding for three years to support their rebuilding efforts so that they can create more engaging and innovative learning experiences for children. Funding will ensure their stability as they move forward in rehiring staff, increasing hours and capacity, and bringing back community events. With funding support they aim to increase education staffing, hire marketing staff, implement a retention plan for current staff, host six large special events annually, and offer 50% of events at no cost to visitors. $ 150,000.00
15 Arts, Culture,
History,
Entertainment &
Sports
Sacramento
Philharmonic & Opera:

Rancho Cordova PopUp Concerts
With grant funding , the Sacramento Philharmonic & Opera would be able to again present a free concert series (at least five concerts, depending on the number of musicians) in locations throughout Rancho Cordova. These concerts would take place in different venues throughout Rancho Cordova and would feature small groups of musicians (4‐6) who could perform a variety of classical, pops, and other styles of music. Due to the flexible nature of these concerts, they could tailor each presentation to make it most engaging for the intended audience and for the location. For these performances, they would look to again collaborate and communicate with established partners to assess dates and times for performances that they could perform in conjunction with, and potential new opportunities for concerts that would be impactful for the community.
$ 15,000.00
16 Arts, Culture,
History,
Entertainment &
Sports
Hummingbird Theatre
Company: 2022-23
Season
Hummingbird Theatre Company wants to make theatre accessible to the people. They believe in engaging audiences with performances that no only reflect thoughtfully, laugh longer, and feel more, but also inspire pride in their hometown of Rancho Cordova. This season, they would like to bring some laughter and cheer to the children of Rancho Cordova by presenting “From the Page to the Stage” Literary Adaptation Children’s Show in either November or December of 2022. This production would be a one-hour touring show suited for all ages, where they would bring classic children’s stories and tales to life by adapting and performing them onstage. Their show in April, would be geared towards the whole family, as they would like to present “The Greatest Showcase” – a Musical Theatre Broadway Review. This show would feature local talented performers singing, dancing, and acting out songs from musical theatre favorites, such as Phantom of the Opera, Shrek the Musical, Hamilton, and Rent.
$ 29,800.00
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ITEM 12.1. ATTACHMENT 2

Fiscal Year 2022/23 Community Enhancement Investment Fund Project List App. Category Application Name Applicant's Project Description FY 2022/2023 Requested
17 Arts, Culture,
History,
Entertainment &
Sports
CCCF: Rancho
Cordova Youth Poet
Laureate
The project would provide funds to the Cordova Community Council (CCC) to further develop and conduct a Youth Poet Laureate program for the City of Rancho Cordova which is in alignment with the National Youth Poet Laureate program. Using a timeline that aligns with the National Youth Poet Laureate program, the CCC would design a Rancho Cordova schedule and program which would eventually put local contestants in line to compete for the national title. The CCC inherited this project late in 2021-22, too late to engage in the national program.

By extending the project into 2022-23, the CCC believes a local program can align with the curriculum and standards developed for the national program and launch with the cooperation of local schools and teen organizations. The National Youth Poet Laureate program celebrates the nation's top youth poets who are committed to artistic excellence, civic engagement and social justice. As part of this national framework, which CCC has joined, the national organization works with local youth literary arts organizations to identify and celebrate exceptional youth poets who use their voice to inspire change. $ 10,000.00
18 Arts, Culture,
History,
Entertainment &
Sports
Department of Sound:

Valley
Producer Pop-ups
Department of Sound provides opportunities to youth through music and podcasting education. They seek to hold 10 Valley Producer Pop-up events throughout Rancho Cordova to engage young people in the community through music and podcast production. They are a Sacramentobased 501(c)(3) providing opportunities to youth through music and podcasting education, focused on students aged 11-24 in under-serviced communities. As of 2022, they’ve partnered with 13 schools in 4 districts in Northern California. In addition to their existing partners, they seek to collaborate with other local organizations such as Unseen Heroes’ NeighborGood Market, Robert Family Development Center Pop-up events, Anatolia Community Center, local events, Creative Kids Craft Fair, and the Chamber of Commerce Business Expo & Job Fair. The popup events include music production petting zoos featuring musical instruments, audio equipment, and production software for participants of all ages to experiment with and create content. Pop-Ups also include beat showcases, in which students share their music and podcast projects with the community. The benefits of music and sound include mental health benefits, improved social skills, attendance, and academic performance, and potential economic opportunities in the music and entertainment industry, as well as a sense of belonging for students through shared experiences of creativity.
$ 35,268.80
19 Arts, Culture,
History,
Entertainment &
Sports
Ankur, Inc.: Festival of
Knowledge
A grant would provide funds to Ankur to organize and host the Festival of Knowledge a whole day/night event, symbolizing and celebrating education, arts, and culture. The event displays the talent that children and adults have in various arts and cultural fields. This includes an essay competition, music, dance performances, drawing exhibitions, public speaking, etc. $ 12,500.00
20 Arts, Culture,
History,
Entertainment &
Sports
Marathi Mandal
Sacramento: Ganesh
Festival
Marathi Mandal Sacramento (MMSAC) is a non-profit and charitable organization that brings together Marathi speaking families in the greater Sacramento area. Their mission is to celebrate the Maharashtrian culture, traditions, and customs. They organize activities and events and are seeking grant funds to hold the Ganesh Festival in Rancho Cordova. The festival generally falls in mid-August to September and marks the birthday of the elephant-headed Lord Ganesha. Ganesha is known as the God of wealth, sciences, knowledge, wisdom and prosperity. $ 2,000.00
21 Arts, Culture,
History,
Entertainment &
Sports
Sacramento
Telangana
Association: Festival
of Flowers
A grant would provide funds to Sacramento Telangana Association (STA) to organize and host the "Bathukamma" Festival known as the Festival of Flowers. Every year during the September - October timeframe the festival is held and celebrates the inherent relationship between earth, water, plants, flowers, and human beings. They are partnering with other nonprofits and organizations for wider community outreach. A grant would allow STA to help educate and organize this unique festival in Rancho Cordova. $ 12,000.00
22 Arts, Culture,
History,
Entertainment &
Sports
Sacramento
Telangana
Association:

International Kite
Festival
Sacramento Telangana Association (STA) proposes to bring the International Kite Festival to the City of Rancho Cordova. Across the world and the United States, many cities have similar festivals held annually and attracts kite flyers from all over. STA and Rancho Cordova Travel and Tourism (RCTT) will be partnering to bring an International Kite Festival to the City of Rancho Cordova. RCTT will help promote it with an objective of promoting tourism to the City of Rancho Cordova. This will be a free event open to all ages. $ 3,000.00
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ITEM 12.1. ATTACHMENT 2

Fiscal Year 2022/23 Community Enhancement Investment Fund Project List App. Category Application Name Applicant's Project Description FY 2022/2023 Requested
23 Arts, Culture,
History,
Entertainment &
Sports
Sacramento
Telangana
Association: Festival
of Colors
A grant would provide funds to Sacramento Telangana Association (STA) to organize and host the Festival of Colors. STA will be partnering with WeEmbrace and other community organizations to celebrate the Festival of Colors in 2023. This festival marks the arrival of spring and is a celebration of fertility, color, and love, and a time for people to get together and enjoy themselves with friends, families and the community.

STA partners with WeEmbrace serving families of individuals with disabilities. $ 3,000.00
24 Arts, Culture,
History,
Entertainment &
Sports
Kannada Sangha of
Sacramento:
2023 Multi Cultural
Community Event
Festival of Arts &
Culture
Kannada Sangha of Sacramento (KSS) celebrates multiple events in the greater Sacramento area during the year to bring community members on to one stage to share happiness, educate the significance of art and culture and encourage community involvement. KSS is a non-profit and charitable organization committed to preserve and promote the art, culture, and history of India through multi-cultural activities in the community. KSS also conducts educational and leadership workshops for the community members. KSS is seeking grant funds to celebrate Ranga Vasantha which will be the Festival of Art & Culture in the April to May timeframe. The festival is an event which is conducted to welcome spring. People perform stage plays depicting mythological characters or Indian folk dances. This also gives an opportunity for high school students to actively participate on stage and help in lighting and dialog prompting arrangements. $ 12,000.00
25 Arts, Culture,
History,
Entertainment &
Sports
FCUSD: Community
Cultural Appreciation
Concert
The Folsom Cordova Unified School District (FCUSD ) serves students and families from a variety of diverse cultures. FCUSD wishes to create an opportunity for students and the community to engage in and celebrate the diverse cultures through music. FCUSD would create an opportunity to appreciate the Armenian culture by creating an opportunity to learn about and hear folk music. The project would include working with an Armenian musical group to provide a learning opportunity for both students and the general community. The Cordova High School Performing Arts Center would be the venue for the project. The performance group, Chookasian Armenian Concert Ensemble would be secured to do a matinee performance during school for students and on the same day, do an evening performance for the community. Both events would be free of charge to students and the community to attend. The performances would occur during March 2023. $ 7,912.00
26 Arts, Culture,
History,
Entertainment &
Sports
Indian Association of
Sacramento:

Teej Festival
The Teej Festival brings diverse women to a single platform to celebrate togetherness with singing, traditional dance performances, enjoying a grand feast and praying to Lord Shiva, an Indian God. The Indian Association of Sacramento (IAS) is a non-profit organization that aims to share and showcase the cultural beauty with their fellow citizens in the greater Sacramento area and keep the culture alive for future generations. IAS is responsible for development and delivery of this project. $ 9,000.00
27 Arts, Culture,
History,
Entertainment &
Sports
FCUSD: Athletic
Improvement Plan
This proposed project would provide for increased opportunities for student-athletes for afterschool sports. This plan encourages physical fitness as a positive outlet for afterschool sports. This project will enhance the educational programs and athletic programs at Cordova High School, Mills Middle School, and Mitchell Middle School. Evidence supports that one of the best Positive Behavior Intervention and Supports (PBIS) for students is athletics. During the COVID-19 pandemic the need to support Social Emotional Learning (SEL) for our students is greater than ever and athletics is one of the best models for SEL. Ensuring our athletic programs have the necessary equipment, supplies, and means to support our students is paramount to the success of our community. $ 200,000.00
28 Arts, Culture,
History,
Entertainment &
Sports
Ranch Cordova
Student Athlete
Coalition: Cordova
High School Athletic
Improvement Plan
The Rancho Cordova Student Athlete Coalition (RCSAC) has worked with Folsom Cordova Unified School District staff to identify academic and athletic needs at Cordova High School. The purpose of RCSAC is to equitably and efficiently support and recognize the diverse Rancho Cordova student-athletes while maintaining, improving, and upgrading all that is Rancho Cordova athletics. Funding will support tutoring programs, educational field trips, advertising and marketing, physical improvements such as a new marquee and signage, some general facility improvements, recognition awards, and salaries for additional coaches, trainers, and enrichment staff. RCSAC has a booster club component and through this, aims to increase the fundraising efforts at Cordova High School. This is a multiyear request. $ 196,500.00
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ITEM 12.1. ATTACHMENT 2

Fiscal Year 2022/23 Community Enhancement Investment Fund Project List App. Category Application Name Applicant's Project Description FY 2022/2023 Requested
29 Arts, Culture,
History,
Entertainment &
Sports
Rancho Cordova
Track Club:

Implements and
Equipment
The Rancho Cordova Track Club seeks funding to provide the youth-athletes participating in track and field and cross country the proper tools to develop in their events. The implements and equipment they are seeking will make practice and competition much easier for the coaches to demonstrate to the youth-athletes; and help them perform to the best of their ability. These implements and equipment will be used for years to come and help many generations of youth-athletes. Rancho Cordova Track Club will continue to host events and provide opportunities for youth-athletes in Rancho Cordova and the greater Sacramento area. Their vision is to be the track and field, cross country, and road race destination.
$ 25,000.00
30 Arts, Culture,
History,
Entertainment &
Sports
CCCF: Youth Sports
Fee Assistance
This project would provide funds to the Cordova Community Council for distribution by the Rancho Cordova Athletic Association (RCAA) to create and manage a fee assistance program for children unable to participate in youth sports programs due to family financial barriers.

Cordova Community Council will work with RCAA to establish criteria for assistance, operational guidelines for distribution of funds, as well as bookkeeping and reporting operations. This is a multiyear request. $ 22,000.00
31 Arts, Culture,
History,
Entertainment &
Sports
CCCF: Youth Sports
Leagues Promo
Campaign 2022-23
The project would provide funds to the Cordova Community Council to assist the Rancho Cordova Athletic Association (RCAA) to continue efforts to improve and expand promotion of youth sports leagues in the City of Rancho Cordova. The project will utilize digital and traditional outreach efforts to boost the profile of youth sports leagues, including collaborative efforts which include mass distribution of flyers, development of high quality and effective signage and an expanded means to extend information to grow year-to-year league participation by 5 percent. This project will build upon previous upgrading of youth sports leagues digital profiles at www.rcathletics.org. The elevation of publicity for youth sports is critical to success for these leagues. During league COVID shutdowns, Rancho Cordova recreational leagues reported that many families have left their leagues to play in “pay to play” private leagues, especially among older players. Leagues will need to be rebuilt with younger players and parents with less experience in skills such as coaching and officiating. This is a nationwide challenge of the postCOVID era. This proposal would also continue to expand the outreach to schools in Rancho Cordova that are part of the Elk Grove and Sacramento City Unified school districts.
$ 42,000.00
32 Arts, Culture,
History,
Entertainment &
Sports
Rancho Cordova
Track Club:

Outdoor Synthetic
Track
Rancho Cordova Track Club is in need of a home track and field location for local Rancho Cordova community athletes and other track club members. They are seeking grant funds to build a new outdoor synthetic track on existing Rancho Cordova (City owned) property. Future plans would include building fields and amenities that would support additional Rancho Cordova youth leagues such as baseball, soccer, football, cheerleading, rugby, and lacrosse. New build items would include an 8-lane synthetic track, steeplechase pit, long jump pit, discus ring, and moving the existing hammer cage to the new home track location. $ 3,000,000.00
33 Arts, Culture,
History,
Entertainment &
Sports
CCCF: Renovation
and Maintenance of
Youth Sports Facilities
This project would provide funds to the Cordova Community Council (CCC) on behalf of the Rancho Cordova Athletic Association to be expended for materials and services to improve and maintain youth sports fields and facilities located on property owned by the Folsom Cordova Unified School District (FCUSD) and/or Cordova Recreation and Park District (CRPD). The project is currently operating in the City of Rancho Cordova, wherein the school district or park district provides labor or other services for field or facility improvements and repairs on their property with material and other services costs, and volunteer effort provided by the Rancho Cordova Athletic Association (RCAA). The projects are selected by a consortium of Rancho Cordova youth sports league leaders organized under the RCAA, a project of the CCC. The sports leagues which stand to benefit from this project include Rancho Cordova Little League, Cordova Girls Softball, Rancho Cordova Soccer, Rancho Cordova Track Club, Cordova Blue Marlins, Cordova Cordettes, Cordova Jr. Lancers, and possibly others. $ 50,000.00
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ITEM 12.1. ATTACHMENT 2