CITY OF RANCHO CORDOVA
CITY COUNCIL MEETING
Monday, April 18, 2022
5:30 PM – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova
Pursuant to California Assembly Bill 361 amending the Ralph M. Brown Act (Govt. Code 54950-54963), the City has declared a state of emergency relating to COVID-19 and imposed measures to promote social distancing.
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Instructions to Make Public Comment
Submitting Public Comment via Email
Members of the public who wish to provide public comment via email will need to submit comments to [email protected] no later than 3:00 p.m. on Monday, April 18, 2022. All comments submitted later than 3:00 p.m. will be sent to the City Council for their review and may not be read during the meeting.
Listening to a Zoom Meeting by Zoom Video Conference
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Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, April 18, 2022
Listening to a Zoom Meeting by Phone Only
You can join a Zoom meeting via teleconferencing/audio conferencing using a cell phone or traditional landline phone. To request to make a public comment by phone press *9 to raise your hand. Please wait to be called upon by the City Clerk.
All public comments will be limited to three-minutes.
If you have questions related to the City Council Meeting or the use of Zoom, please contact the City Clerk’s Office at (916) 851-8720 Monday, April 18, 2022, before 3:00 p.m.
AGENDA
1. REGULAR MEETING - CALL TO ORDER/ROLL CALL
Council Members Linda Budge, Garrett Gatewood, Siri Pulipati, David Sander, and Mayor Donald Terry
2. METRO CABLE TV TELEVISION ANNOUNCEMENT
The Clerk will announce the meetings video recording and playback schedules.
3. PLEDGE OF ALLEGIANCE
The Mayor will call on someone in attendance to lead the Pledge.
4. INVOCATION
Reverend Elizabeth Brick of the United Methodist Church will give the invocation.
5. PRESENTATIONS
5.1. Presentation of Proclamation Recognizing the Need for Life-Saving Organ Transplants in California and Encouraging People to Register to be Organ and Tissue Donors and Give the "Gift of Life."
5.2. Annual Mosquito and West Nile Virus Update by the Sacramento-Yolo Mosquito & Vector Control District.
6. PUBLIC COMMENT
Citizens wishing to address the Council for any matter not on the agenda may do so at this time via teleconference or by completing and submitting a Speaker Card to the City Clerk.
If you want to make a public comment via teleconference, please use the “raise hand” feature at the bottom center of the screen. If you are participating by telephone and you want to make a public comment, please press *9 to raise your hand. For those participating by Zoom or telephone, please wait to be called upon by the City Clerk.
For items on the agenda, speakers will be called by the Mayor at the point on the agenda when the item will be heard. Speakers are encouraged to keep comments to three minutes or less and to state name and community of residence.
Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, April 18, 2022
Under the provisions of the California Government Code, the City Council is prohibited from discussing or taking immediate action on any item not on the agenda unless it can be demonstrated to be of an emergency nature or the need to take immediate action arose after the posting of the agenda.
7. COUNCIL REPORTS
8. CITY MANAGER'S REPORT
9. CONSENT CALENDAR ITEMS - ROLL CALL VOTE
9.1. Subject: Meeting Minutes from the Regular City Council Meeting of April 4, 2022.
Recommendation: Adopt the minutes.
9.2. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2022-50 in an Amount not to Exceed $315,000 with Centerline Striping Company, Inc. for On-Call Traffic Stripes and Pavement Markings Maintenance Services..
Recommendation: Adopt the Resolution.
9.3. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 178-2018-2 with Salaber Associates, Inc. to Increase the Contract Amount from $3,000,000 to an Amount not to Exceed $4,500,000 for On-Call Construction Management Services for Locally Funded Projects.
Recommendation: Adopt the Resolution.
9.4. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 78- 2018-2 with St. Francis Electric, LLC to Extend the Contract Term from June 30, 2022 to June 30, 2023, Resulting in an Increase to the Contract Amount from $769,000 to an Amount not to Exceed $1,009,000 for Continued On-Call Street Light and Electrical Maintenance and Repair Services.
Recommendation: Adopt the Resolution.
9.5. Subject: A Resolution Authorizing the City Manager to Execute Construction Contract No. 2022-48 in an Amount not to Exceed $8,228,595.24 with Martin Brothers Construction to Construct the Mills Ranch / Rossmoor Neighborhood Street Rehabilitation Project to Increase Safety and Promote Livability.
Recommendation: Adopt Resolution.
9.6. Subject: A Resolution Authorizing the City Manager to Enter into an Agreement with Folsom Cordova Unified School District for an Amount not to Exceed $380,000 for the funding of the Cordova High School Locker Room Project and to Enter Discussions with Folsom Cordova Unified School District for the Addition of a Steeplechase Pit at Cordova High School for an Amount not to Exceed $220,000.
Recommendation: Adopt the Resolution.
9.7. Subject: Second Reading of an Ordinance Establishing a Special Tax Zone No. 33 for Transit-Related Services for The Grantline 220 Project.
Recommendation: Waive the second reading and adopt the Ordinance.
9.8. Subject: Second Reading of Ordinances Related to the Rezone and Development Agreement for The Preserve Project DD9835.
Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, April 18, 2022
Recommendation: Waive second reading and adopt the Ordinances.
10. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE
10.1. Subject: A Resolution Approving Sunridge Lot J, Village 4 Tentative Subdivision Map, Special Development Permit, and Major Design Review Project No. DD10028.
Recommendation: Adopt the Resolution approving Sunridge Lot J Village 4 Tentative Subdivision Map, Special Development Permit, and Major Design Review.
10.2. Subject: Shalako Large Lot and Shalako West Small Lot Tentative Subdivision Maps Project No. PLND-1121-0021.
Recommendation: The applicant is requesting the proposed project be continued to an uncertain date. The project will be re-noticed in accordance with Government Code Section 65090.
11. PUBLIC HEARING ITEMS
11.1. Subject: Flavored Tobacco Ordinance.
Recommendation: Waive the first reading and introduce the Ordinance.
11.2. Subject: Logisticenter at Rancho Cordova Major Design Review - Project No. PLND-1021- 0015.
Recommendation: Determine the project Exempt per Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) per the CEQA Guidelines and adopt of the Resolution for a Major Design Review, subject to the Findings in the attached Resolution and the Conditions of Approval.
11.3. Subject: A Resolution to Approve Stonecreek Industrial Center Major Design Review Amendment; Project No. PLND-1121-0020.
Recommendation: Adopt the Resolution approving a Major Design Amendment Review for four light industrial warehouse buildings totaling 602,004 square-feet of light industrial warehouse with office accessory buildings that includes parking, lighting, and landscaping for the Stonecreek Industrial Center, subject to the findings contained in the attached resolution and the Conditions of Approval.
12. REGULAR CALENDAR ITEMS
12.1. Subject: Planning Commission Member Nomination And Selection.
Recommendation: 1. Receive a nomination from Councilmember Gatewood for one (1) of the regular Planning Commission members. 2. Make a motion to approve the nominations of Cynthia Stauss-Vlassopoulos, Lee Frechette, Robert McGarvey, Surender Deverapalli and Councilmember Gatewood’s nomination to fill the five (5) regular Planning Commission members. 3. Nominate and make a motion to approve the two (2) At-large Planning Commission members.
12.2. Subject: Recommendations on the Fiscal Year 2022/2023 Community Enhancement and Investment Fund Applications Received and Discuss Proposed Department Allocations and Council Requests for Consideration.
Recommendation: Staff to provide recommendations on the Fiscal Year 2022/2023 Community Enhancement and Investment Fund grant applications and department allocations
Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, April 18, 2022
and receive and discuss individual City Council requested items for Council consideration.
12.3. Subject: Cancellation of the May 2, 2022 City Council Meeting Recommendation: Staff recommends the City Council cancel the Monday, May 2, 2022 City Council meeting due to a lack of a quorum.
13. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
14. ADJOURNMENT
ADDITIONAL INFORMATION
SPECIAL MEETINGS LISTED BELOW ARE SUBJECT TO CHANGE/CANCELLATION WITHOUT FURTHER NOTICE.
UNLESS THE COUNCIL ADOPTS A MOTION TO EXTEND THE MEETING, ANY ITEM THAT IS NOT INITIATED BEFORE 11:00 PM WILL BE CONTINUED TO THE NEXT DAY AT 5:30 PM OR SCHEDULED ON THE NEXT REGULAR MEETING AGENDA OF THE COUNCIL.
Public documents related to items on the open session portion of this agenda, which are distributed to the City Council less than 72 hours prior to the meeting, shall be available for public inspection at the time the documents are distributed to the Council. Documents are available for inspection at the City Clerk's office located in Rancho Cordova City Hall.
The agenda items are accessible on the City’s website at www.cityofranchocordova.org on Thursdays or Fridays prior to the Regular City Council Meeting.
UPCOMING MEETINGS
April 26, 2022 5:30 PM Special Meeting/Work Session
May 2, 2022 4:00 PM Special Meeting/Regular Meeting
May 16, 2022 5:30 PM Regular Meeting
May 24, 2022 5:30 PM Special Meeting/Work Session
June 6, 2022 4:00 PM Special Meeting/Regular Meeting
June 20, 2022 5:30 PM Regular Meeting
June 28, 2022 5:30 PM Special Meeting/Work Session
July 18, 2022 5:30 PM Regular Meeting
If you have any technical questions related to the agenda items, please contact City Hall at (916) 851- 8700.
The Rancho Cordova City Council meeting will be videotaped in its entirety and will be cablecast without interruption on Metro Cable 14, the Government Affairs Channel on the Comcast, Consolidated Communications and AT&T U-Verse Systems. Closed Captioning will be available on the playback cablecast. A DVD copy is available from the City Clerk’s Department and a webcast of
Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, April 18, 2022
this meeting will be available for viewing via video streaming from the City’s website within 48 hours of adjournment of this meeting.
In compliance with the Americans with Disabilities Act, if you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk’s Office at (916) 851-8720 at least 48 hours prior to the meeting.
CERTIFICATION OF POSTING OF AGENDA
I, Stacy Leitner, City Clerk for the City of Rancho Cordova, declare that the foregoing agenda for the April 18, 2022 Regular Meeting of the Rancho Cordova City Council was posted and available for review on April 14, 2022 at City Hall of the City of Rancho Cordova, 2729 Prospect Park Drive, Rancho Cordova, California, 95670. The agenda is also available on the city website at www.cityofranchocordova.org.
Signed April 14, 2022 at Rancho Cordova, California.
Stacy Leitner, CMC
City Clerk
ITEM 9.1.
CITY OF RANCHO CORDOVA
CITY COUNCIL MEETING
Monday, April 4, 2022
5:30 PM – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova
Pursuant to California Assembly Bill 361 amending the Ralph M. Brown Act (Govt. Code 54950-54963), the City has declared a state of emergency relating to COVID-19 and imposed measures to promote social distancing.
DRAFT MINUTES
1. REGULAR MEETING - CALL TO ORDER/ROLL CALL
Mayor Terry called the Regular meeting to order in the David B. Roberts Council Chambers at 5:34 p.m.
Council Members Present: Garrett Gatewood, David Sander, and Vice Mayor Linda Budge
Council Members Absent: Siri Pulipati and Donald Terry
Staff Members Present: Cyrus Abhar, Adam Lindgren, Stacy Leitner and Persephonie Riley
2. METRO CABLE TV TELEVISION ANNOUNCEMENT
The City Clerk read the meetings recordings and playback schedule.
3. PLEDGE OF ALLEGIANCE
Michael Faust led the pledge.
4. INVOCATION
Jennifer Laret with The Church of Jesus Christ of Latter-day Saints gave the invocation.
5. PRESENTATIONS
ITEM 9.1.
Rancho Cordova City Council – DRAFT MINUTES
Meeting of Monday, April 4, 2022
5.1. Presentation of Proclamation in Recognition of Fair Housing Month.
5.2. Presentation by the California Capital Airshow.
5.3. New Employee Introductions: Rob Nunley, Information Technology Manager by Kim Juran-Karageorgiou and Farzana Kausar, Administrative Assistant I by Stacy Leitner, City Clerk.
5.4. Vice Mayor Linda Budge's Birthday on April 10, 2022.
6. PUBLIC COMMENT
Vice Mayor Budge opened the public comment period. The following individuals addressed the Council or submitted public comment via email:
1. Lisa Phenix
2. Helen Whelan-Bashaw
3. Cort Stratfull
4. Jennifer Laret
5. Alex Joe
6. Derald Langwell
7. Roman Rodriguez
8. Fayzah Mughal
Vice Mayor Budge closed the public comment period.
7. COUNCIL REPORTS
Council reported on events since the last meeting.
8. CITY MANAGER'S REPORT
City Manager Cyrus Abhar gave his report.
9. CONSENT CALENDAR ITEMS - ROLL CALL VOTE
Vice Mayor Budge opened the public comment period. Seeing no speakers. Vice Mayor Budge closed the public comment period.
ACTION: Motion to approve item 9.1 through 9.5 by Sander second by Gatewood; Motion passed with a 3:0 vote.
AYES: Gatewood, Sander, and Vice Mayor Budge
NOES: None
ABSENT: Pulipati and Terry
ABSTAIN: None
9.1. Subject: Meeting Minutes from the Regular City Council Meeting of March 21, 2022 and the Special City Council Meeting of March 29, 2022.
Recommendation: Adopt the minutes.
9.2. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 53-2019-1 for General Services with MCE Corporation to Extend the Contract Term to June 30, 2024, which will Result in an Increase to the Contract Amount from $2,750,000 to an Amount not to Exceed $4,475,000 for Citywide Operations and Maintenance Support Services.
Recommendation: Adopt the Resolution.
ITEM 9.1.
Rancho Cordova City Council – DRAFT MINUTES
Meeting of Monday, April 4, 2022
9.3. Subject: A Resolution Approving the Interim Management Plan for White Rock/Rio Del Oro, CA Mine ID No. 91-34-0048, Operated by Granite Construction Company.
Recommendation: Adopt the Resolution approving the Interim Management Plan for White Rock / Rio Del Oro, CA Mine ID No. 91-34-0048.
9.4. Subject: A Resolution of the City Council of the City of Rancho Cordova and on Behalf of Commissions and Committees Created by the City Council Pursuant to Government Code Section 54952(b) Confirming the State of Emergency Under Government Code Section 8625, Recognizing Continued Measures to Promote Social Distancing, and Reauthorizing Remote Teleconference Meetings of the City for the Period from April 7, 2022 to May 7, 2022.
Recommendation: Adopt the Resolution.
9.5. Subject: Planning Commission Nomination and Selection.
Recommendation: Continue the Planning Commission Member nomination and selection to the April 18, 2022 Regular City Council meeting.
10. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE
Vice Mayor Budge opened the public comment period. Seeing no speakers. Vice Mayor Budge closed the public comment period.
ACTION: Motion to approve item 10.1 through 10.2 by Sander second by Gatewood; Motion passed with a 3:0 vote.
AYES: Gatewood, Sander, and Vice Mayor Budge
NOES: None
ABSENT: Pulipati and Terry
ABSTAIN: None
10.1. Subject: A Resolution Creating Special Tax Area Zone 33 and Introducing and Waiving the First Reading of an Ordinance Establishing a Special Tax for Transit-Related Services for the Grantline 220 Project.
Recommendation: Adopt the Resolution creating special transit tax area Zone 33; and to introduce and waive the first reading of the Ordinance, establishing a special tax for transit-related services for the Grantline 220 project.
10.2. Subject: A Resolution Declaring a Protest Hearing and Authorizing the Mailing of Property Owner Ballot Relating to the Imposition of the Annual Stormwater Utility Fee for the Grantline 220 Project.
Recommendation: Adopt the Resolution.
11. PUBLIC HEARING ITEMS
11.1. Subject: General Plan Amendments to the Safety Element for the Multi-Jurisdictional Local Hazard Mitigation Plan and the Land Use and Circulation Element for The Preserve Project; Certification of an Environmental Impact Report, a Rezone, Development Agreement, and Tentative Subdivision Map for The Preserve Project DD9835.
Recommendation: 1. Adopt a Resolution Certifying The Preserve Environmental Impact Report and adopt the Findings of Fact and Statement of Overriding Considerations and Mitigation Monitoring Report Program and; 2. Adopt a Resolution approving a General Plan Amendment with associated exhibits, subject to the findings
ITEM 9.1.
Rancho Cordova City Council – DRAFT MINUTES
Meeting of Monday, April 4, 2022
contained in the Resolution; and 3. Introduce and waive first reading of an Ordinance adopting the Rezone with associated exhibits, subject to the findings contained in the Ordinance; and 4. Adopt a Resolution approving a Tentative Subdivision Map with associated exhibits, subject to the findings contained in the Resolution; and
5. Introduce and waive first reading of an Ordinance adopting the Development Agreement for The Preserve Project, subject to the findings contained in the Ordinance.
Vice Mayor Budge opened the public comment period. The following individuals addressed the Council or submitted public comment via email:
1. Luis Mejia
2. Michael and Jo Ann Coffaro
3. Don Ross
4. Cort Stratfull
5. Jo Ann Coffaro
Vice Mayor Budge closed the public comment period.
ACTION: Motion to approve item 11.1. by Gatewood second by Sander; Motion passed with a 3:0 vote.
AYES: Gatewood, Sander, and Vice Mayor Budge
NOES: None
ABSENT: Pulipati and Terry
ABSTAIN: None
RECESS 7:15 p.m. – 7:29 p.m.
12. REGULAR CALENDAR ITEMS
12.1. 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.
Vice Mayor Budge opened the public comment period. The following individuals addressed the Council or submitted public comment via email:
1. Jennifer Laret
2. Dennis Lamintia
3. Helen Whelan-Bashaw
Vice Mayor Budge closed the public comment period.
ACTION: Input was received regarding the Update on Fiscal Year 2022/23 Community Enhancement & Investment Fund Applications Received for Council Consideration.
12.2. Subject: Arts Strategic Plan Update and Discussion on the Upcoming Call for Public Art Proposals.
Recommendation: Staff to provide an update on the first two years of accomplishments (near-term actions) related to the Arts Strategic Plan, review the objectives for years
ITEM 9.1.
Rancho Cordova City Council – DRAFT MINUTES
Meeting of Monday, April 4, 2022
three to five (mid-term actions), and receive feedback and discuss the focus of the current fiscal year's funding allocation for public art.
Vice Mayor Budge opened the public comment period. The following individuals addressed the Council or submitted public comment via email:
1. Shelly Blanchard
2. David Sobon
3. Derald Langwell
Vice Mayor Budge closed the public comment period.
ACTION: Input was received regarding the Arts Strategic Plan Update and Discussion on the Upcoming Call for Public Art Proposals.
13. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
None.
14. ADJOURNMENT
Vice Mayor Budge adjourned the meeting in memory of Judith Ellen Godney at 8:58 p.m. _____________________
Stacy Leitner, CMC
City Clerk
MEMORANDUM
City Council Staff Report - Page 1 of 1
ITEM 9.2.
DATE: April 18, 2022
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2022-50 IN AN AMOUNT NOT TO EXCEED $315,000 WITH CENTERLINE STRIPING COMPANY, INC. FOR ON-CALL
TRAFFIC STRIPES AND PAVEMENT MARKINGS MAINTENANCE
SERVICES
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute Contract No. 2022-50 with Centerline Striping Company, Inc. in the amount of $315,000 for the provision of on-call traffic stripes and pavement marking maintenance services.
BACKGROUND
The Public Works Department has an on-going program to monitor and evaluate traffic stripes and pavement markings across the city to implement annual striping and pavement markings projects. The striping and pavement markings program enhances safety for motorists, cyclists, and pedestrians, and improves the aesthetics of city roadways.
The current contract for traffic stripes and pavement markings maintenance services expires on June 30, 2022. The Public Works Department solicited proposals for a new contract for the term beginning July 1, 2022 and received three proposals. Staff recommends award of the contract to Centerline Striping Company, Inc., based on a combination of the lowest cost proposal, relevant experience and positive client references.
FISCAL IMPACT AND FUNDING SOURCE
This contract will be funded through special districts and Measure A maintenance funds. This contract has no impact to the City’s General Fund.
ATTACHMENT(S)
1. Resolution
ITEM 9.2. ATTACHMENT 1
Resolution No. XX-2022 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2022-50 WITH CENTERLINE STRIPING COMPANY, INC. FOR ON-CALL TRAFFIC STRIPES
AND PAVEMENT MARKINGS MAINTENANCE SERVICES
WHEREAS, the City solicited proposals for on-call traffic stipes and pavement markings maintenance services under the requirements of state law and accepted proposals on February 25, 2022; and
WHEREAS, Centerline Striping Company, Inc., was found to be the most qualified contractor; and
WHEREAS, adoption of this Resolution will authorize the City Manager to execute a three-year contract with Centerline Striping Company, Inc. for an amount not to exceed $315,000; and
WHEREAS, the traffic striping and pavement markings program enhances safety for motorists, cyclists and pedestrians, and improves the aesthetics of City roadways; and WHEREAS, the contract will be paid through a combination of special districts and Measure A maintenance funds and does not impact the City’s general fund; and WHEREAS, the services will exceed the maximum amount the City Manager has authorization to approve.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract No. 2022-50 in an amount not to exceed $315,000 with Centerline Striping Company, Inc. in a form approved by the City Attorney for On-Call Traffic Stripes and Pavement Markings Maintenance Services.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 18th day of April 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Donald Terry, Mayor
ITEM 9.2. ATTACHMENT 1
Resolution No. XX-2022 Page 2 of 2
Stacy Leitner, CMC
City Clerk
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 9.3.
DATE: April 18, 2022
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Edgar Medina, Principal Engineer
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 178-2018-2 WITH SALABER
ASSOCIATES, INC. TO INCREASE THE CONTRACT AMOUNT FROM
$3,000,000 TO AN AMOUNT NOT TO EXCEED $4,500,000 FOR ONCALL CONSTRUCTION MANAGEMENT SERVICES FOR LOCALLY
FUNDED PROJECTS
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute Contract Amendment No. 178-2018-2 with Salaber Associates, Inc., to increase their contract amount from $3,000,000 to an amount not to exceed $4,500,000 for On-Call Construction Management Services for Locally Funded Projects.
BACKGROUND
In order to provide flexibility to adapt to a variable development and construction market, the Public Works Department employs the assistance of qualified consultants for construction management, inspection, and plan review services. This on-call contract allows the City to draw upon greater resources, thus increasing the ability to handle workload peaks and maintain efficient response times. Salaber Associates, Inc. was selected for these contract services based on a competitive proposal process completed August 2018, with a contract amendment processed in June 2020.
The City has effectively utilized the on-call contract to deliver locally funded construction projects and is programmed to continue substantial construction activity over the next two fiscal years. Therefore, in order to maintain the appropriate construction management coverage, the need to increase the contract amount is required for locally funded construction scheduled to start this calendar year.
FISCAL IMPACT AND FUNDING SOURCE
City Council Staff Report - Page 2 of 2
Construction management of capital improvement projects is paid through various funding sources earmarked for the projects. Construction management and inspection of private development projects are fully recoverable through direct billing to developers. These services do not impact the general fund.
ATTACHMENT(S)
1. Resolution
2. Contract Amendment No. 178-2018-02
ITEM 9.3. ATTACHMENT 1
Resolution No. XX-2022 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE
OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT, AMENDMENT NO. 178-2018-2 WITH SALABER ASSOCIATES, INC. TO INCREASE THE CONTRACT AMOUNT FROM $3,000,000 TO AN AMOUNT NOT TO EXCEED $4,500,000 FOR ON-CALL CONSTRUCTION MANAGEMENT SERVICES FOR LOCALLY
FUNDED PROJECTS
WHEREAS, on December 3, 2018 the Council approved Contract No. 178-2018 for an amount not to exceed $1,500,000 with Salaber Associates, Inc. for On-Call Construction Management Services on Locally Funded Projects; and
WHEREAS, on June 15, 2020, the Council approved Contract Amendment No. 178- 2018-1 that increased the contract amount by $1,500,000 to an amount not to exceed $3,000,000 and extended the contract term to November 4, 2023; and
WHEREAS, Amendment 178-2018-02 will increase the contract amount by $1,500,000 to an amount not to exceed of $4,500,000; and
WHEREAS, the Public Works Department employs the assistance of qualified consultants for construction management, inspection and plan review services in order to provide flexibility to adapt to variable development and construction demands; and WHEREAS, the contract will be paid through various funding sources earmarked for the projects. The contract does not impact the general fund; and WHEREAS, On-Call Construction Management contracts allow the City to draw upon greater resources, thus increasing the ability to handle workload peaks and maintain efficient response times.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, does hereby authorize the City Manager to Execute Contract Amendment 178-2018-2 with Salaber Associates, Inc. to increase the Contract Amount from $3,000,000 to an amount not to exceed $4,500,000 for On-Call Construction Management Services for Locally Funded Projects.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 18th day of April 2022 by following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ITEM 9.3. ATTACHMENT 1
Resolution No. XX-2022 Page 2 of 2
ATTEST:
Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk
CONTRACT NO. 178-2018-02
Second Amendment to Professional Services Agreement between Page 1 of 2 City of Rancho Cordova and Salaber Associates, Inc.
SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF RANCHO CORDOVA AND
SALABER ASSOCIATES, INC.
This Second Amendment to the Agreement for Professional Services (“Amendment”) is made by and between the City of Rancho Cordova (“City”) and Salaber Associates, Inc. (“Professional”) as of April 18, 2022. City and Professional are hereinafter collectively referred to as the "Parties."
RECITALS
WHEREAS, the Parties entered into a Professional Services Agreement (“PSA”) dated November 5, 2018 for the purpose of providing on-call construction management services for locally funded projects; and
WHEREAS, Amendment 178-2018-01 was approved by Council on June 15, 2020 to extend the contract term to November 4, 2023 and increase the contract amount to $3,000,000 for additional on-call construction management services for locally funded projects; and WHEREAS, this Amendment 178-2018-02 will amend the existing contract, increasing the total compensation to a not to exceed amount of $4,500,000 for additional on-call construction management services for locally funded projects; and
WHEREAS, the Parties agree that changes to the term and services provided for in the PSA are necessary in order for the City to continue receiving services by Professional.
NOW, THEREFORE, the Parties hereto agree as follows:
AGREEMENT
1. Section 2 of the PSA, “Compensation,” provides for the City to pay Professional a sum not to exceed $3,000,000. The Parties agree to amend Section 2 of the PSA in order to increase the compensation amount to pay Professional for additional services. The first sentence of Section 2 of the PSA is amended to read as follows:
"City hereby agrees to pay Professional a sum not to exceed Four Million Five Hundred Thousand Dollars ($4,500,000), notwithstanding any contrary indication that may be contained in Professional’s proposal, for services to be performed and reimbursable costs incurred under this Agreement.”
2. The document entitled “Compensation Schedule,” attached hereto as Exhibit B, shall replace and supersede the PSA's Exhibit B.
3. All other terms and conditions in the PSA shall remain in full force and effect to the extent they are not in conflict with this Amendment.
ITEM 9.3. ATTACHMENT 2
CONTRACT NO. 178-2018-02
Second Amendment to Professional Services Agreement between Page 2 of 2 City of Rancho Cordova and Salaber Associates, Inc.
4. The signatures of the Parties to this Amendment may be executed and acknowledged on separate pages or in counterparts which, when attached to this Amendment, shall constitute one complete Amendment.
5. Contract Administration. This Agreement shall be administered by Edgar Medina ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
Notices. Any written notice to Professional shall be sent to:
Mr. Robert Salaber, P.E., President
Salaber Associates, Inc.
11025 Trade Center Drive
Rancho Cordova, Ca. 95670
(707) 689-3890
Email Address (for Insurance Update Requests): [email protected] Any written notice to City shall be sent to:
Mr. Edgar Medina, P.E.
City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, Ca. 95670
916-851-8907, [email protected]
IN WITNESS WHEREOF, the Parties have executed this Amendment on the day and year first above written.
CITY OF RANCHO CORDOVA PROFESSIONAL
____________________________ ______________________________ Cyrus Abhar, City Manager Robert Salaber, President
Date:__________________ Date:__________________
Attest:
____________________________
Stacy Leitner, CMC, City Clerk
Date:__________________
Approved as to Form:
____________________________
Adam U. Lindgren, City Attorney
Date:__________________
ITEM 9.3. ATTACHMENT 2
TITLE / JOB DESCRIPTION HOURLY
RATE*
RESIDENT ENGINEER (PE Licensed) $215
CONSTRUCTION MANAGER (PE Licensed) $190
STRUCTURE REPRESENTATIVE (PE Licensed) $190
ASSISTANT RESIDENT ENGINEER $175
CONSTRUCTION MANAGER $175
LEAD INSPECTOR - GROUP 1 (Supervisory) $165
SENIOR CONSTRUCTION INSPECTOR - GROUP 2 $160
CONSTRUCTION INSPECTOR - GROUP 2 $155
APPRENTICE 5 INSPECTOR $135
APPRENTICE 4 INSPECTOR $120
APPRENTICE 3 INSPECTOR $115
APPRENTICE 2 INSPECTOR $105
APPRENTICE 1 INSPECTOR $95
SPECIALIST INSPECTOR (Electrical) $170
BUILDING INSPECTOR (OSHPD/ICBO Certified) $175
SCHOOL INSPECTOR (DSA Certified) $175
FIELD OFFICE TECHNICIAN / ASSISTANT $120
ADMINISTRATIVE ASSISTANT (Office) $110
PROJECT MANAGER / ENGINEER $225
PRINCIPAL / SENIOR ENGINEER $240
2022 STANDARD RATES
*Hourly rates are all inclusive. They include all vehicle and vehicle expenses, standard inspection and safety equipment, cell phones, computers, printers, and other small incidentals. All personnel are paid, at a minimum, the Base Hourly Rate and Total Hourly Rate of the General Prevailing Wage Determination made by the Director of Industrial Relations Pursuant to California Labor Code for Commercial, Building, Highway, Heavy Construction and Dredging Projects. On multi-year or on-call contracts lasting more than one (1) year there is a 3% escalation on all rates starting April 1 of the subsequent year.
Overtime Rates: Overtime is paid per State requirements, which generally requires payment of overtime (1.5 times regular hourly rate) to non-exempt employees for any hours in excess of eight (8) hours and less than twelve (12) hours per day and on Saturdays, and double time for any hours in excess of twelve (12) hours per day and work on Sunday or holidays. Exempt employees (generally licensed professionals) who work on the job site are generally paid straight time hourly rates for overtime. This results in the following billable rates for overtime: licensed Resident Engineers and Structure Representatives are the same rate as straight time, all other personnel are billed at the straight time billable hourly rate plus 25% (ie. Construction Inspector (Group 2) = $145 x 1.25 = $181) for OT that is 1.5x, and plus 50% ($145 x 1.5 = $217) for OT that is 2.0x. Second Shift rates add $15/hour on ST Rates for non-exempt employees, plus % for OT.
Note: All costs for field office space, field office equipment, and technical field equipment will be billed and reimbursed at the actual lease/rental rates, with no mark-up. Cost for materials such as prints, film, developing, extensive copying, (ie. items that will become property of the client at the end of the project) will be billed and reimbursed at the actual cost, with no mark-up.
Filename: MTsai(2022standardrates)220211rls
ITEM 9.3. ATTACHMENT 2
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 9.4.
DATE: April 18, 2022
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Steve Harriman, Public Works Division Manager
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 78-2018-2 WITH ST. FRANCIS
ELECTRIC, LLC TO EXTEND THE CONTRACT TERM FROM JUNE
30, 2022 TO JUNE 30, 2023, RESULTING IN AN INCREASE TO THE CONTRACT AMOUNT FROM $769,000 TO AN AMOUNT NOT TO
EXCEED $1,009,000 FOR CONTINUED ON-CALL STREET LIGHT
AND ELECTRICAL MAINTENANCE AND REPAIR SERVICES
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute contract amendment no. 78-2018-2 with St. Francis Electric for on-call street light and electrical maintenance and repair services. This amendment will extend the contract term from June 30, 2022 to June 30, 2023, resulting in an increase to the contract amount from $769,000 to an amount not to exceed $1,009,000 for continued maintenance services.
BACKGROUND
In June 2018, the City entered into an agreement with St. Francis Electric (Contract No. 78- 2018) to provide on-call street light and electrical maintenance and repair services. The contract covers routine maintenance activities such as outages, night inspections, emergency response, and other required street light maintenance and repairs. On-call contracts facilitate fast response times that help keep city streets safe.
The contract allows staff to execute two one-year extensions to the contract. Amendment No. 1 was executed on June 30, 2021, which increased the contract amount from $593,670 to $769,000 and extended the contract term to June 30, 2022. City staff recommends approval of contract amendment no. 78-2018-2 with St. Francis Electric to extend the contract term from June 30, 2022 to June 30, 2023, resulting in an increase to the contract amount from $769,000 to an amount not to exceed $1,009,000 for continued maintenance services.
City Council Staff Report - Page 2 of 2
The City will conduct a competitive request for bids and execute a new contract for the term beginning July 1, 2023.
FISCAL IMPACT AND FUNDING SOURCE
Funding for the contract amendment includes special districts and Measure A maintenance funds. There is no impact to the general fund.
ATTACHMENT(S)
1. Resolution
2. Contract Amendment 78-2018-2
ITEM 9.4. ATTACHMENT 1
Resolution No. XX-2022 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA,
STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 78-2018-2 WITH ST. FRANCIS ELECTRIC TO EXTEND THE CONTRACT TERM FROM JUNE 30, 2022 TO JUNE 30, 2023, THAT RESULTS IN AN INCREASE TO THE CONTRACT AMOUNT FROM $769,000 TO AN AMOUNT NOT TO EXCEED $1,009,000 FOR
CONTINUED ON-CALL STREET LIGHT AND ELECTRICAL MAINTENANCE AND REPAIR
SERVICES
WHEREAS, the parties entered into a three-year General Services Agreement (GSA) dated July 1, 2018 (Contract 78-2018) in the amount of $593,670 to provide on-call street light and electrical maintenance and repair services; and
WHEREAS, Amendment No. 1 was executed on June 30, 2021, which increased the contract amount from $593,670 to $769,000 and extended the contract term to June 30, 2022; and
WHEREAS, adoption of this resolution will authorize the City Manager to execute Amendment No. 2 with St. Francis Electric for continued on-call services; and WHEREAS, the amendment will extend the contract term through June 30, 2023, resulting in an increase to the contract amount from $769,000 to an amount not to exceed $1,009,000; and
WHEREAS, the services will exceed the maximum amount the City Manager is authorized to approve; and
WHEREAS, funding for the contract amendment will be from special districts and Measure A maintenance funds. There is no impact to the City’s general fund; and WHEREAS, the City will conduct a competitive request for bids and execute a new contract for the term beginning July 1, 2023.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute contract amendment no. 78-2018-2 with St. Francis Electric to extend the contract term to June 30, 2023, and increase the contract amount from $769,000 to an amount not to exceed $1,009,000 for on-call streetlight and electrical maintenance and repair services in a form approved by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on 18th day of April 2022 by the following vote:
AYES:
NOES:
ABSENT:
ITEM 9.4. ATTACHMENT 1
Resolution No. XX-2022 Page 2 of 2
ABSTAIN:
ATTEST:
Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk
CONTRACT NO. 78-2018-2
Second Amendment to General Services Agreement between June 30, 2022 City of Rancho Cordova and St. Francis Electric Page 1 of 2
SECOND AMENDMENT TO THE GENERAL SERVICES AGREEMENT
BETWEEN THE CITY OF RANCHO CORDOVA AND ST. FRANCIS ELECTRIC, LLC
FOR ON-CALL STREET LIGHT AND ELECTICAL MAINTENANCE AND REPAIR SERVICES This Second Amendment to the General Services Agreement ("Amendment") is made by and between the City of Rancho Cordova ("City") and St. Francis Electric ("Contractor") as of July 1, 2022.
City and Contractor are hereinafter collectively referred to as the "Parties."
RECITALS
WHEREAS, the Parties entered into a General Services Agreement ("GSA") dated July 1, 2018, to provide on-call street light and electrical maintenance and repair services; and WHEREAS, Amendment No. 1 was executed on June 30, 2021 which increased the contract amount from $593,670 to $769,000 and extended the contract term to June 30,2022; and WHEREAS, this Amendment will extend the contract term from June 30, 2022 to June 30, 2023; and
WHEREAS, this Amendment will increase the contract amount from $769,000 to a not to exceed amount of $1,009,000; and
WHEREAS, the Parties agree to the revised unit price rate increase for the extended year; and
WHEREAS, the Parties agree that changes to the term and services provided for in the GSA are necessary in order for the City to continue receiving services by Contractor.
NOW, THEREFORE, the Parties hereto agree as follows:
AGREEMENT
1. The Parties agree to modify the end date of the GSA from June 30, 2022, to June 30, 2023. The first sentence of Section 2 of the GSA, "Term," is amended to read as follows:
"The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2023, unless the term of the Agreement is otherwise terminated at provided for in Section 11."
2. Section 4 of the GSA, "Compensation of Contractor," provides for the City to pay Contractor $769,000. The Parties agree to amend Section 4 of the GSA in order to increase the compensation amount to pay the Contractor for additional services. The first sentence of Section 4 of the GSA is amended to read as follows:
"The City agrees to pay the Contractor an amount not to exceed $1,009,000 for performance pursuant to this Agreement."
ITEM 9.4. ATTACHMENT 2
CONTRACT NO. 78-2018-2
Second Amendment to General Services Agreement between June 30, 2022 City of Rancho Cordova and St. Francis Electric Page 2 of 2
3. Page 12 and 13 of the document entitled "Scope of Work," attached hereto as Exhibit A, shall replace and supersede the GSA's Exhibit A.
4. All other terms and conditions in the GSA shall remain in full force and effect to the extent they are not in conflict with this Amendment.
IN WITNESS WHEREOF, the Parties have executed this Amendment on the day and year first above written.
CITY OF RANCHO CORDOVA CONTRACTOR
____________________________ ______________________________ Cyrus Abhar, City Manager Guy Smith, VP of Operations
Date:__________________ Date:__________________
Attest:
____________________________
Stacy Leitner, CMC, City Clerk
Date:__________________
Approved as to Form:
____________________________
Adam U. Lindgren, City Attorney
Date:__________________
Updated August 9, 2012
1948568.1
ITEM 9.4. ATTACHMENT 2
ITEM 9.4. ATTACHMENT 2
ITEM 9.4. ATTACHMENT 2
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 9.5.
DATE: April 18, 2022
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Kristine Courdy, Associate Civil Engineer
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONSTRUCTION CONTRACT NO. 2022-48 IN AN AMOUNT NOT TO
EXCEED $8,228,595.24 WITH MARTIN BROTHERS CONSTRUCTION
TO CONSTRUCT THE MILLS RANCH / ROSSMOOR
NEIGHBORHOOD STREET REHABILITATION PROJECT TO
INCREASE SAFETY AND PROMOTE LIVABILITY
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute Construction Contract No. 2022-48 in an amount not to exceed $8,228,595.24 with Martin Brothers Construction to construct the Mills Ranch/Rossmoor Neighborhood Street Rehabilitation Project to increase safety and promote livability.
BACKGROUND
The Mills Ranch/Rossmoor Neighborhood Street Rehabilitation Project (Project) includes the Mills Ranch and Rossmoor neighborhoods. The Project area is located in the Rancho Cordova neighborhood bordered by Coloma Road, Chase Drive, Ambassador Drive, and McGregor Drive (see Attachment three for project area map). The Project includes an overlay of existing pavement to improve the road surfaces, sidewalk repairs and curb ramp upgrades to achieve compliance with the Americans with Disabilities Act, storm drain upgrades to improve flood protection and conveyance, and other incidental work as required. The project will improve the aesthetics and safety in the neighborhood, and also improve traffic conditions for motorists, pedestrians and bicyclists.
This Project is necessary and also aligns with the City's goals to promote the positive image of Rancho Cordova; ensure a safe, inviting and livable community; and ensure the availability of the best public services in the region while practicing sound financial management.
Bids for this work were solicited on the City’s Website, CIPList.com and the Sacramento, Placer and El Dorado County Builders Exchanges on February 25, 2022. Bids for the project were
City Council Staff Report - Page 2 of 2
publicly opened on Tuesday March 29, 2022. A total of four bids were received and the lowest responsible base bid was $8,228,595.24. The contract award is based on the lowest base bid, and there are no Project bid alternates.
The project is expected to be under construction starting Summer 2022 and completed by Spring 2023.
FISCAL IMPACT AND FUNDING SOURCE
Funding for this project will consist of the Gas Tax, Road Maintenance and Rehabilitation Fund, Roadway Improvement Fund, Stormwater Enterprise Fund, and Community Enhancement & Investment Fund . There is no impact to the City's General Fund.
This project is included in the City's current approved FY 2022-23 Capital Improvement Plan.
ATTACHMENT(S)
1. Resolution
2. Project Map
3. Martin Brothers Bid Packet
4. Bid Summary
5. Contract No. 2022-48
ITEM 9.5. ATTACHMENT 1
Resolution No. XX-2022 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2022-48 IN THE AMOUNT NOT TO EXCEED $8,228,595.24 WITH MARTIN BROTHERS
CONSTRUCTION, TO CONSTRUCT THE MILLS RANCH / ROSSMOOR NEIGHBORHOOD
STREET REHABILITATION PROJECT TO INCREASE SAFETY AND PROMOTE LIVABILITY WHEREAS, the City solicited bids for the Mills Ranch / Rossmoor Neighborhood Street Rehabilitation Project under the requirements of state and local law and publicly opened the bids on March 29, 2022; and
WHEREAS, the lowest responsible bidder was Martin Brothers Construction; and WHEREAS, adoption of this resolution will award construction Contract No. 2022-48 to Martin Brothers Construction in an amount not to exceed $8,228,595.24 for the Mills Ranch / Rossmoor Neighborhood Street Rehabilitation Project; and WHEREAS, funding for this project will consist of the Community Enhancement & Investment Fund, Gas Tax, Road Maintenance and Rehabilitation Fund, Roadway Improvement Fund, and Stormwater Enterprise Fund. There is no impact to the City's General Fund; and WHEREAS, this project was reviewed under the requirements of the California Environmental Quality Act (CEQA), and it has been determined to be exempt from further review pursuant to CEQA Regulation 15301 regarding repairs, maintenance, or minor alterations to "existing facilities" so long as the project only involves negligible or no expansion of use beyond current facilities.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute construction Contract No. 2022-48 in an amount not to exceed $8,228,595.24 with Martin Brothers Construction and in a form approved by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 18th day of April 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Donald Terry, Mayor
ITEM 9.5. ATTACHMENT 1
Resolution No. XX-2022 Page 2 of 2
Stacy Leitner, CMC
City Clerk
CHASE DR.
AMBASSADOR DR. AMBASSADOR DR. TRAILS CT.
RIVER TRAILS CIR.
GEORGETOWN DR. WOODCLIFF WAY PECAN GROVE WAY MILLS RANCH WAY HOME RANCH CT. APPLE RANCH WAY WOOD BRIDGEWAY WARRENTON DR. APPLEGROVE WAY PALMWOOD CT. GREEN BLOSSOM CT. APPLE ORCHARD CT.
RIVER EDGE WAY RIVER WOOD WAY STARRLYN WAYDANBURY WAY RUGBY CT.
ROSE HILL CT. GEORGETOWNDR.
RED BROOK WAYELLISON DR.
BRONWOOD WAY
FARNSWORTH WAY ROSSMOOR DR. MARYVALE WAY VALLEY VIEW DR.
ROSSMOOR DR.
AVERELL CT.
PANTAGES CIR.
MCGREGOR DR.
COLOMA ROAD COLOMA ROAD
COLOMA ROAD (N. FRONTAGE) 125' SCALE IN FEET 0 250' 500' MILLS RANCH/ ROSSMOOR NEIGHBORHOOD STREET REHABILITATION PROJECT (916) 366-3040 Fax (916) 366-3303 905 Sutter Street Suite 200 Folsom CA 95630 Civil Engineers | Land Surveyors | LiDAR R. E. Y. ENGINEERS, Inc. COMPTON CT. HOLLYDALE WAY BLACKSTONE WAY GLENEYRE CT. RIVER VISTA WAY STUDARUS DR. SPORTSMAN CT. GAYWOOD DR. W. WOOD CT. WALNUT GROVE WAY COLOMA ROAD (S. FRONTAGE) ROADWAY TREATMENT EXHIBIT FEBRUARY 14th, 2022 CITY OF RANCHO CORDOVA LEGEND PRESERVATION ROAD REHABILITATION ROAD RECONSTRUCTION ROAD ITEM 9.5. ATTACHMENT
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CONTRACT NO. 2022-48
5090355.2
Construction Services Agreement between April 18, 2022
City of Rancho Cordova and Martin Brothers Construction Page 1 of 5
CONSTRUCTION SERVICES AGREEMENT BETWEEN
THE CITY OF RANCHO CORDOVA AND MARTIN BROTHERS CONSTRUCTION
FOR MILLS RANCH / ROSSMOOR NEIGHBORHOOD STREET REHABILITATION
PROJECT
THIS AGREEMENT made and entered into between the City of Rancho Cordova (“City”) and Martin Brothers Construction (“Contractor”) as of April 18, 2022.
W I T N E S S E T H:
WHEREAS, the City Council for the City heretofore caused plans and specifications for Mills Ranch / Rossmoor Neighborhood Street Rehabilitation Project (“Project”) to be prepared, and therefore did approve and adopt said plans and specifications; and WHEREAS, the City Council for the City did cause to be published for the time and in the manner required by law, a notice inviting sealed bids for the performance of said work; and WHEREAS, the notice was published on February 25, 2022 on the CIPList.com and the City of Rancho Cordova’s website (“Notice”); and
WHEREAS, the Contractor, in response to such Notice, submitted to the City Council for the City within the time specified in said Notice, and in the manner provided for therein, a sealed bid for the performance of the Project specified in said plans and specifications, which said bid and proposal, and other bids and proposals submitted in response to said Notice, the City Council opened and canvassed in the manner provided by law; and WHEREAS, the Contractor was the lowest responsible bidder for the performance of said Project, and said City Council for the City as a result of the canvass of said bids, did determine and declare Contractor to be the lowest responsible bidder for said Project and award to a contract therefore.
NOW THEREFORE, in consideration of the promises herein, it is mutually agreed between the parties hereto as follows:
Section 1. CONTRACT DOCUMENTS. The following documents are by this reference incorporated in and made a part of this Agreement: The County of Sacramento, Standard Construction Specifications dated January 2016; the Special Provisions; the contract drawings, all addenda; the Notice to Contractors; the Proposal; all required bonds; and all supplemental Agreements covering alterations, amendments, or extensions to the contract. The documents which describe the work to be performed are sometimes collectively referred to herein as the “Plans and Specifications”.
Section 2. SCOPE OF WORK. The Contractor will furnish all labor, materials, services, transportation, appliances, and mechanical workmanship required for Contract No. 2022-48 as provided for and set forth in the Plans and Specifications, which are hereby incorporated and made a part of this Agreement. All of the work done under this Agreement shall be under the supervision of and be performed to the satisfaction of the Public Works Director of the City of Rancho Cordova who shall have the right to reject any and all materials and supplies furnished ITEM 9.5. ATTACHMENT 5
CONTRACT NO. 2022-48
5090355.2
Construction Services Agreement between April 18, 2022
City of Rancho Cordova and Martin Brothers Construction Page 2 of 5 by the Contractor which do not comply with the Plans and Specifications, together with the right to require the Contractor to replace any and all work furnished by the Contractor which shall not either in workmanship or material be in strict accordance with the Plans and Specifications.
Section 3. COMPLETION. Said work shall be completed and ready for acceptance.
Section 4. PAYMENT. Attached hereto as Exhibit “A” and by reference incorporated, is the bid and proposal of Contractor. Said bid and proposal will contain, as required by the terms of said specifications, the full and complete schedule of the different items with the lump sums or unit prices as so specified. The City agrees in consideration of the work to be performed for the Project herein and subject to the terms and conditions thereof, to pay Contractor all sums of money which may become due to Contractor in accordance with the terms of the aforesaid bid and proposal, and this Agreement, to wit: eight million, two hundred twenty-eight thousand, five hundred ninety-five dollars and twenty four cents ($8,228,595.24). Said sum shall be paid in accordance with Section 8 of the Standard Specifications. With respect to that portion of the above sum as is based upon the estimated quantities specified for the general scope of the work to be performed herein, actual payment will be based upon the quantities as measured upon completion. No payment made under this Agreement shall be construed to be an acceptance of defective work or improper materials.
Section 5. PREVAILING WAGES. To the extent required by law, Contractor and all of the Contractor’s subcontractors shall comply with California Health and Safety Code Section 33422.1, and shall comply with California Labor Code Section 1770 et seq. and all regulations adopted pursuant thereto (referred to herein as, “Prevailing Wage Laws”), and be responsible for carrying out the requirements of such provisions. Pursuant to the provisions of Articles 1 and 2 of Chapter 1, Part 7, Division II, of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages, and not less than the general prevailing rate of per diem wages for holidays and overtime work, for each craft, classification or type of worker needed to execute the Project contemplated under this Agreement shall be paid to all workers, laborers and mechanics employed in the execution of said Project by Contractor, or by any subcontractor doing or contracting to do any part of said Project. The appropriate determination of the Director of the California Department of Industrial Relations is filed with, and available for inspection at 2729 Prospect Park Drive, Rancho Cordova, CA 95670, the office of the Clerk of the City. Contractor shall post, at each job site, a copy of such prevailing rate of per diem wages as determined by the Director for the California Department of Industrial Relations. The Contractor shall, and hereby agrees to, unconditionally indemnify, reimburse, defend, protect and hold harmless the City and its elective and appointive boards, commissions, officers, agents, attorneys, consultants and employees, and all of their respective successors and assigns, from and against any and all claims, demands, suits and actions at law or in equity, and losses, liabilities, expenses, penalties, fines, orders, judgments, injunctive or other relief, and costs and damages of every kind, nature and description (including but not limited to attorneys’ fees and court costs; with counsel reasonably acceptable to the City), and administrative, enforcement or judicial proceedings, whether known or unknown, and which directly or indirectly, in whole or in part, are caused by, arise from, or relate to, or are alleged to be caused by, arise from, or relate to, the payment or requirement of payment of prevailing wages or the requirement of competitive bidding in the construction of the Project, the failure to comply with any state or federal labor laws, regulations or standards in connection with this Agreement, including but not limited to California Labor Code Section 1770 et seq. and the Prevailing Wage Laws, or any act or omission of the City or the Contractor related to this Agreement with respect to the payment or requirement of payment of prevailing wages or the requirement of competitive bidding, whether or not any insurance policies shall have been ITEM 9.5. ATTACHMENT 5
CONTRACT NO. 2022-48
5090355.2
Construction Services Agreement between April 18, 2022
City of Rancho Cordova and Martin Brothers Construction Page 3 of 5 determined to be applicable to any such claims, demands, suits, actions, losses, liabilities, expenses, penalties, fines, orders, judgments, injunctive or other relief, costs, damages, or administrative, enforcement or judicial proceedings. It is further agreed that the City does not, and shall not, waive any rights against the Contractor which they may have by reason of this indemnity and hold harmless agreement because of the acceptance by the City, or the deposit with the City by the Contractor, of any of the insurance policies described in this Agreement.
Section 6. INSURANCE. The Contractor shall carry and maintain for the duration of the term of this Agreement, such public liability, property damage and contractual liability, auto, worker’s compensation and builders’ risk insurance as required by the specifications.
Section 7. WORKERS’ COMPENSATION CERTIFICATION. By execution of this Agreement, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Section 8. PERFORMANCE AND PAYMENT BONDS. The Contractor shall, before beginning said work for the Project, file two (2) bonds with the City, each made payable to the City. These bonds shall be issued by a surety company authorized to do business in the State of California, and shall be maintained during the entire life of the Agreement at the expense of the Contractor. One bond shall be in the amount of one hundred percent (100%) of the Agreement and shall guarantee the faithful performance of the Agreement. The second bond shall be the payment bond required by California Civil Code Section 3247 et seq.,, and shall be in the amount of one hundred percent (100%) of the Agreement. Any alterations made in the specifications which are a part of this Agreement or in any provision of this Agreement shall not operate to release any surety from liability on any bond required hereunder and the consent to make such alterations is hereby given, and any surety on said bonds hereby waives the provisions of California Civil Code Sections 2819 and 2845.
Section 9. INDEMNIFICATION.
9.1 Contractor’s Performance. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its governing Board, officers, directors, agents, employees and volunteers from and against any and all claims, demands, actions, losses, liabilities, damages, and all costs incidental thereto, including cost of defense, settlement, arbitration, and reasonable attorneys’ fees arising out of, pertaining to, or resulting from the acts or omissions of anyone else directly or indirectly acting on behalf of the Contractor, or for which the Contractor is legally liable under law, regardless of whether caused in part by a party indemnified hereunder.
9.2 PERS Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing Services under this Agreement is determined by a court of competent jurisdiction of the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any and all employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as ITEM 9.5. ATTACHMENT 5
CONTRACT NO. 2022-48
5090355.2
Construction Services Agreement between April 18, 2022
City of Rancho Cordova and Martin Brothers Construction Page 4 of 5 well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and any attorneys’ fees and costs incurred by the City to enforce this Section.
9.3 No Limitation of Liability for Indemnification. The indemnities set forth in this Section shall not be limited by the insurance requirements set forth in the Contract.
Section 10. Nondiscrimination and Equal Opportunity. Contractor shall not discriminate on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee or applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement.
Contractor shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including, but not limited to the satisfaction of any positive obligations required of Contractor thereby. Contractor shall include the provisions of this section in any subcontract approved by the City.
Section 11. MISCELLANEOUS PROVISIONS.
11.1 This Agreement shall bind and inure to the heirs, devisees, assignees, and successors in interest of Contractor and to the successors in interest of Contractor in the same manner as if such parties had been expressly named herein. All times stated herein or in the contract documents are of the essence hereof. As used in this instrument the singular includes the plural, and the masculine includes the feminine and the neuter. This Agreement may create a possessory interest subject to property taxation, and Contractor may be subject to the payment of property taxes levied on such interest.
11.2 Contract Administration.
This Agreement shall be administered by Kristine Courdy ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
ITEM 9.5. ATTACHMENT 5
CONTRACT NO. 2022-48
5090355.2
Construction Services Agreement between April 18, 2022
City of Rancho Cordova and Martin Brothers Construction Page 5 of 5
11.3 Notices. Any written notice to consultant shall be sent to:
Felipe Martin
Martin Brothers Construction
8801 Folsom Boulevard, Suite 260
Sacramento, CA 95826
[email protected]
Any written notice to City shall be sent to:
Kristine Courdy
City of Rancho Cordova
Department of Public Works
2729 Prospect Park Drive
Rancho Cordova, CA 95670
11.4 IRS Form W-9. Contractor shall complete and submit Internal Revenue Service Form W-9 to the City before execution of this Agreement. The City’s Finance Director shall have authority to waive this requirement.
IN WITNESS WHEREOF, the City Council and Contractor have caused this Agreement to be executed as of the day and year first above written.
CITY OF RANCHO CORDOVA: CONTRACTOR:
Cyrus Abhar, City Manager Felipe Martin, President
______
Date Date
Attest:
Stacy Leitner, CMC, City Clerk
Date
Approved as to Form:
Adam U. Lindgren, City Attorney
Date
ITEM 9.5. ATTACHMENT 5
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 9.6.
DATE: April 18, 2022
TO: Honorable Mayor and Council Members
FROM: Stacy Delaney, Community Enhancement and Investment Senior Management Analyst
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH FOLSOM CORDOVA UNIFIED SCHOOL
DISTRICT FOR AN AMOUNT NOT TO EXCEED $380,000 FOR THE
FUNDING OF THE CORDOVA HIGH SCHOOL LOCKER ROOM
PROJECT AND TO ENTER DISCUSSIONS WITH FOLSOM
CORDOVA UNIFIED SCHOOL DISTRICT FOR THE ADDITION OF A
STEEPLECHASE PIT AT CORDOVA HIGH SCHOOL FOR AN
AMOUNT NOT TO EXCEED $220,000
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute a Contract Agreement with Folsom Cordova Unified School District for the Cordova High School Locker Room project. The Contract Agreement would authorize an amount not to exceed $380,000 for the completion of the locker room project. Additionally, it would authorize the City Manager and staff to enter discussions with Folsom Cordova Unified School District about the addition of a steeplechase pit at Cordova High School and, if approved by Folsom Cordova Unified School District, enter into a second Contract Agreement for an amount not to exceed $220,000 for the steeplechase project.
BACKGROUND
The City opened a grant application window from February 7, 2022, to March 18, 2022, for Community Enhancement and Investment Fund grants. During that time, 94 applications were submitted. One was withdrawn, leaving 93 for consideration.
On April 4, 2022, the Council was presented with a summary of the grant applications received. One of the applications submitted by Folsom Cordova Unified School District was for the completion of a locker room project at Cordova High School (Application #70). Due to the timing of the construction project, the summer of 2022, Council requested that this item be funded from additional revenues received from Measure H, the ½ cent sales tax, in the current fiscal year. Sales tax revenues in Fiscal Year 2021/22 are higher than what was originally
City Council Staff Report - Page 2 of 2
projected and allocated.
Additionally, at the April 4, 2022, meeting, Council requested that the City Manager and staff enter discussions with Folsom Cordova Unified School District staff regarding the addition of a steeplechase pit at Cordova High School and necessary equipment. If Folsom Cordova Unified School District approves the addition of a steeplechase pit at the designated school site, this would also authorize a second Contract Agreement with Folsom Cordova Unified School District for an amount not to exceed $220,000.
FISCAL IMPACT AND FUNDING SOURCE
The Contract Agreements will be funded through Measure H, Community Enhancement and Investment Funds.
ATTACHMENT(S)
1. Resolution
2. FCUSD CHS Locker Room
ITEM 9.6. ATTACHMENT 1
Resolution No. XX-2022 Page 1 of 1
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA,
STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH FOLSOM CORDOVA UNIFIED SCHOOL DISTRICT IN AN AMOUNT NOT TO EXCEED $380,000 FOR FUNDING FOR THE CORDOVA HIGH SCHOOL LOCKER
ROOM PROJECT AND TO ENTER DISCUSSIONS WITH FOLSOM CORDOVA UNIFIED
SCHOOL DISTRICT FOR THE ADDITION OF A STEEPLECHASE PIT AT CORDOVA HIGH SCHOOL IN AN AMOUNT NOT TO EXCEED $220,000
WHEREAS, the parties will enter into a Contract Agreement in the amount of $380,000 for the completion of the locker room project at Cordova High School; and WHEREAS, the parties will also enter discussions regarding the addition of a steeplechase pit at Cordova High School. If Folsom Cordova Unified School District approves the addition of a steeplechase pit at the designated school site, the parties will enter into a second Contract Agreement for an amount not to exceed $220,000; and WHEREAS, these contracts will exceed the maximum amount the City Manager is authorized to approve; and
WHEREAS, funding for the Contract Agreements will be from Measure H, Community Enhancement and Investment Funds.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to enter into a Contract Agreement in the amount of $380,000 for funding of the completion of the locker room project at Cordova High School and to enter discussions with Folsom Cordova Unified School District regarding funding the addition of a steeplechase pit in an amount not to exceed $220,000 in a form approved by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 18th day of April 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk
From: City of Rancho Cordova
To: Stacy Delaney; Randi Kay Stephens
Subject: *NEW SUBMISSION* Apply for Community Enhancement Fund Grant Funding 2022/23 Date: Wednesday, March 9, 2022 11:34:54 AM
Apply for Community Enhancement Fund Grant Funding 2022/23 Submission #: 1520002
IP Address: 206.15.249.230
Submission Date: 03/09/2022 11:34
Survey Time: 30 minutes, 33 seconds
You have a new online form submission.
Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login.
Project Information
Project Name
CHS Locker Room Facilities Update
Project Synopsis
Enhancing the Physical Education Locker Room at Cordova High School to improve the aesthetics, provide a safe environment, increase natural light and top notch facilities for our students and the community.
Project Description
The project would allow the maintenance department to complete the renovation of the boys and girls locker room at CHS. The funds would be used to purchase new lockers and windows in the exiting locker rooms. Funds would also be used to install the lockers and windows.
Project Team
The Team responsible for ensure this project is completed will include Jim Bonovich, Director of Maintenance, Matt Washburn, Chief Operation Officer, Peter Maroon, Director of Athletics and Jerad Hyden, Principal.
Project Goals
Our goal is to provide our students at CHS with safe locker room environment, that is aesthetically pleasing, with natural sunlight and new lockers.
Funding Request
Funds are generally not intended to be used for deferred maintenance and ongoing operational needs. The funds are intended for community enhancement & investment.
Total project cost
$380,000
Estimated breakdown of project expenditures
Funds will be used to: 1. Lockers and accessories - $269,000 2. Locker Installation - $53,000 3. Retrofit Windows Install - $36,000 4. Windows Delivered - $22,000
Matching Funds
Application #70
ITEM 9.6. ATTACHMENT 2
FCUSD has provided $745,000 for the completion of this project. The scope of the work included asbestos abatement, electrical, drywall, wall finishes, ceiling finishes and lights, epoxy flooring, HVAC upgrade, HVAC ducted system replacement, and painting. Labor cost has also been incurred by FCUSD.
Include any other funding contributions
N/A
Ongoing operations and maintenance costs (if applicable) N/A
Total Community Enhancement & Investment Funds requested $380,000
Is this a multiyear request?
No
How many years have you received funding for this project? 0 When will your request for funding sunset for ongoing programs? This project will sunset on July 2023.
Do you plan to ask annually for funding?
No
What other funding will you seek to support your project? None.
Project Schedule, Timeliness and Adaptability
Project Schedule
This project work is to be completed in the summer of 2022.
In addition to providing the project timeline identified above, describe how you will be able to complete your project by June 30, 2023.
The majority of the work has been started, the last phase of this project work will be done this upcoming summer.
Ordering lockers and windows can be done as soon as the grant is approved to expedite the process.
Please note, if selected for funding, you will be required to submit a narrative Outcomes Report and a financial Use of Funds Report at least two times during the grant period.
Will you be able to adjust your project if California Public Health and/or Sacramento County Health Orders change? For example, the program could operate virtually or with other modifications made. Please describe.
Project can be adjusted as needed to ensure funds are used for purchase of equipment or services.
Project Location
Please note that projects or programs that are proposed on property owned or operated by outside agencies or a private party will require the coordination with and potentially approvals from outside agencies, organizations, and/or the private party.
Physical address of project location
Cordova High School 2239 Chase Dr.
Rancho Cordova, California 95670
Other physical addresses if project/program is at multiple sites Have you received a letter of support for the project/program from the property owner? Yes (includes if you are the property owner)
Application #70
ITEM 9.6. ATTACHMENT 2
Letter of Support from Property Owner (not K-12 schools or park/park facility) Is your project/program intended to operate or take place at a public K-12 school site or a park/park facility? Yes, at a public K-12 school site
Which school district is the public K-12 school site located in? Folsom Cordova Unified
Read-Only Content
Please acknowledge that you read and understand the above Supplemental Endorsement Form requirements.
Yes
Applicant and Signatory
Application submitted by
Peter Maroon
Title
Director of Athletics and Physical Education
Submitting as
Public Agency
Phone
9162949388
Email
[email protected]
Organization's legal name, if applicable
Folsom Cordova Unified School District
Mailing Address of Submitter
1965 Birkmont Dr.
Rancho Cordova, California 95742
Signatory's Name
Mr. Sean Martin
Signatory's Title
Assistant Superintendent, Business Services
Signatory's Phone
9162949000
Signatory's Email Address
[email protected]
Signatory's Mailing Address
1965 Birkmont Dr.
Rancho Cordova, California 95742
Attach any additional documents here
Public Record Unless otherwise exempt under applicable law, applications and application materials are public records. All information received from an applicant, whether received in connection with a grant application or in connection with any grant-funded activities performed are subject to disclosure pursuant to the California Public Records Act, unless otherwise exempt. Next Steps Applicants will receive acknowledgement once their application is received. When the application period closes, staff will review each application according to the Application #70
ITEM 9.6. ATTACHMENT 2
application criteria and prioritization method listed within the Fiscal Year 2022/2023 Grant Application Process and Criteria document. Should staff have any questions or need clarification on your application, they will contact you. You are invited to attend any of the public City Council Meetings. It is anticipated at this time that the Community Enhancement & Investment Fund team will present information to the City Council starting in April and continuing through June. We may invite applicants to present their project and we may make selection recommendations to Council during the May City Council meetings. In addition, the Community Enhancement & Investment Fund team will send periodic updates to grant applicants via e-mail. It is possible that all funding decisions for the Fiscal Year 2022/2023 Community Enhancement & Investment Fund could be made in May and formally adopted by City Council by early June. Staff intends to notify all applicants of the funding decisions made by the end of June. If you have not signed up to receive automatic notifications when council meeting agendas are posted, you can do that by using the link below:
https://www.cityofranchocordova.org/residents/what-s-happening/sign-up-for-e-news Thank you,
City of Rancho Cordova
This is an automated message generated by Granicus. Please do not reply directly to this email.
Application #70
ITEM 9.6. ATTACHMENT 2
Application #70
ITEM 9.6. ATTACHMENT 2
MEMORANDUM
City Council Staff Report - Page 1 of 1
ITEM 9.7.
DATE: April 18, 2022
TO: Honorable Mayor and Council Members
FROM: Elizabeth Sparkman, Community Development Director Dalia Fadl, Principal Engineer
SUBJECT: SECOND READING OF AN ORDINANCE ESTABLISHING A SPECIAL TAX ZONE NO. 33 FOR TRANSIT-RELATED SERVICES FOR THE
GRANTLINE 220 PROJECT
RECOMMENDATION
Waive the second reading and adopt the Ordinance.
RESULT OF RECOMMENDED ACTION
Adoption of the Ordinance would assist the City in meeting the costs of providing transit-related services by creating a Special Tax Area Zone No. 33 and establishing a Special Tax for transitrelated services for the Grantline 220 project. There is no financial impact to existing residents.
BACKGROUND
On April 4, 2022, the City Council waived the first reading and passed to a second reading of the Ordinance. On the same date, the City Council also approved a Resolution that established Special Tax Zone No. 33, the boundaries of which will be contiguous to the boundaries of the Grantline 220 project.
Following adoption of the Ordinance, a mailed ballot election will be held on May 24, 2022, at 1:30 P.M., at which time the ballot(s) will be tabulated by the City Clerk. The results of the mail ballot election will be declared at the City Council meeting on June 20, 2022.
FISCAL IMPACT AND FUNDING SOURCE
There is no impact to the City’s General Fund. Funds collected will be used to provide transitrelated services.
ATTACHMENT(S)
1. Ordinance
2. Exhibit A to the Ordinance-Annexation Boundary Map
3. Exhibit B to the Ordinance- Property Land Use Catagory
ITEM 9.7. ATTACHMENT 1
Ordinance No. XX-2022 Page 1 of 5
CITY OF RANCHO CORDOVA
ORDINANCE NO. XX-2022
AN ORDINANCE OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA,
ESTABLISHING A SPECIAL TAX FOR TRANSIT-RELATED SERVICES FOR THE GRANTLINE 220 PROJECT SUBJECT TO VOTER APPROVAL
THE CITY COUNCIL OF THE CITY OF THE RANCHO CORDOVA DOES ORDAIN AS FOLLOWS:
Section 1. Purpose, Intent and Authority.
It is of critical importance to the City Council of the City of Rancho Cordova that residents of and employees working in the City receive high quality transit-related services.
In carefully reviewing the City’s budget and revenue projections, it is clear to City staff that the City budget does not contain adequate funding to ensure the continued delivery of adequate high-quality transit-related services unless additional revenues are obtained.
It is the purpose and intent of this non-codified Ordinance to generate additional funds to pay for transit-related services by authorizing the levy of a tax on improved parcels of real property on the secured property tax roll of Sacramento County that are within Zone 33 of the Rancho Cordova Transit-Related Services Special Tax Area (the “Zone”).
This tax is a special tax within the meaning of Section 4 of the Article XIIIA of the California Constitution. Because the burden of this tax falls upon property, this tax also is a property tax, but this tax is not determined according to nor in any manner based upon the value of property; this tax is levied on a parcel and use of property basis. Insofar as not inconsistent with this Ordinance or with legislation authorizing special taxes and insofar as applicable to a property tax that is not based on value, such provisions of the California Revenue and Taxation Code and of Article XIII of the California Constitution as relate to ad valorem property taxes are intended to apply to the collection and administration of this tax (Section 4 of this Ordinance), as authorized by law. This tax is not an ad valorem property tax; it is an excise tax on the use of property. Because the revenue from the tax may be used only to fund transit-related services, it is also a special tax.
The revenues raised by this tax are to be used solely for the purpose of providing transit-related services as are deemed necessary by the City Council for the benefit of the residents and/or employees of Zone 33.
At the time that the Council adopted this non- codified Ordinance, there were zero (0) registered voters residing in Zone 33 and one property owner. Because the Transit-Related Services Special Tax will be imposed on property in Zone 33 and paid by the owner of the property, the Council finds that restricting the vote on the Transit-Related Services Special Tax to property owners in Zone 33 is appropriate and consistent with the principles and requirements of California Constitution article XIIIC (Proposition 218).
ITEM 9.7. ATTACHMENT 1
Ordinance No. XX-2022 Page 2 of 5
Section 2. Definitions.
The following definitions shall apply throughout this Ordinance.
A. "Constant first year dollars" shall mean an actual dollar amount which, in years subsequent to the first fiscal year the tax is levied, shall have the same purchasing price as the base amount in first fiscal year dollars as measured by the Consumer Price Index. The base amount shall be the amount of tax per parcel as specified in Section 3(A) herein. The adjustments from actual to constant dollars shall be made by use of the Consumer Price Index, as specified in Section 3(B) herein.
B. "Consumer Price Index" means the Consumer Price Index for all Urban Consumers (CPI-U) for the San Francisco-Oakland-San Jose Area as published by the U.S.
Department of Labor, Bureau of Labor Statistics. If the Consumer Price Index is discontinued or revised, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Consumer Price Index had not been discontinued or revised.
C. “Fiscal year" means the period of July 1 through the following June 30.
D. “Parcel" means the land and any improvements thereon, designated by an assessor’s parcel map and parcel number and carried on the secured property tax roll of Sacramento County. For the purposes of this Ordinance, parcel does not include any land or improvements outside the boundaries of Zone 33, nor any land or improvements owned by any governmental entity.
E. “Rancho Cordova Transit-Related Services Special Tax Area" means all the properties within the jurisdictional limits of the City of Rancho Cordova.
F. “Rancho Cordova Transit-Related Services Special Tax Area Zone 33 (the “Zone”) means that portion of the incorporated area of the City of Rancho Cordova located within the boundaries as shown on the map Exhibit A.
G. “Transit-Related Services” means providing, operating, maintaining and subsidizing transit services and all supporting facilities, infrastructure, programs and incentives that benefit the residents of the Rancho Cordova Transit-Related Services Special Tax Area, and shall be calculated and set according to the methodology described in Engineer’s Report County Service Area No. 10 and Benefit Zone No. 2 County of Sacramento, November 18, 2004, which established the methodology for the original service charge for Benefit Zone No. 2.
H. “Voter” means a person who owns real property within Zone 33, as shown on the last equalized assessment role prepared by the Sacramento County Assessor’s Office, at the time that the City Council adopts an ordinance authorizing the imposition of a transitrelated services tax to the voters of Zone 33.
Section 3. Amount and Level of Taxes.
The tax per year on each parcel in the Zone shall not exceed the amount applicable to the parcel, as specified below.
ITEM 9.7. ATTACHMENT 1
Ordinance No. XX-2022 Page 3 of 5
A. For First Fiscal Year:
The tax per year for the first fiscal year (July 1, 2022 through June 30, 2023) shall be the amount of Tax per Parcel for a Land Use Code Category as set forth on Exhibit B hereto. The use code assigned to each parcel shall be reviewed and updated periodically.
Rates in Exhibit B shall be calculated and set according to the methodology described in Engineer’s Report County Service Area No. 10 and Benefit Zone No. 2 County of Sacramento, November 18, 2004, which established the methodology for the original service charge for Benefit Zone No. 2.
B. For Subsequent Fiscal Years:
In order to keep the tax on each parcel in constant first year dollars for each fiscal year subsequent to the first fiscal year, the tax per year shall be adjusted as set forth below to reflect any increase in the Consumer Price Index beyond the first fiscal year the tax is levied.
In June or July of each year, City Council shall determine the amount of taxes to be levied upon the parcels in Zone 33 for the then current fiscal year, as set forth below.
For each Land Use Category on Exhibit B, the tax per year on each parcel for each fiscal year subsequent to the first fiscal year shall be an amount determined as follows:
Tax Per Parcel
For then Current =
Fiscal Year
Tax Per Parcel
For Immediately
Preceding X
Fiscal Year
Consumer Price Index
from April of immediately
Preceding Fiscal Year to April of
then Current Fiscal Year
OR 6 percent, whichever is less
Provided, however, that in no event shall the tax per parcel for any fiscal year be less than the amount established for the first fiscal year.
C. Nature of Tax Levy.
The taxes levied on each parcel pursuant to this Article shall be a charge upon the parcel and shall be due and collectible as set forth in Section 4, below.
Section 4. Collection and Administration.
A. Taxes as Liens Against the Property.
The amount of taxes for each parcel each year shall constitute a lien on such property, in accordance with Revenue and Taxation Code Section 2187, and shall have the same effect as an ad valorem real property tax lien until fully paid.
B. Collection.
The taxes on each parcel shall be billed on the secured roll tax bills for ad valorem property taxes and are to be collected in the same manner in which Sacramento County collects secured roll ad valorem property taxes. Insofar as feasible and insofar as not inconsistent with this Ordinance, the times and procedures regarding exceptions, due dates,
ITEM 9.7. ATTACHMENT 1
Ordinance No. XX-2022 Page 4 of 5
installment payments, corrections, cancellations, refunds, late payments, penalties, liens, and collections for secured roll ad valorem property taxes (as established by Sacramento County) shall be applicable to the collection of this tax. Notwithstanding anything to the contrary in the foregoing, as to this tax:
1. The secured roll tax bills shall be the only notices required for this tax, and
2. The homeowners and veterans exemptions shall not be applicable because such exemptions are determined by dollar amount of value.
C. Costs of Administration by County.
The reasonable costs incurred by the County officers collecting and administering this tax shall be deducted from the collected taxes.
D. Use of Tax Revenue.
The revenue collected from the tax imposed by this ordinance shall be placed into a separate account and may be used only to fund transit-related services, including the costs of administering and collecting the tax and enforcing the provisions of this ordinance.
Revenue from the tax may be used for transit-related services citywide.
E. Refunds.
1. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the City pursuant to this ordinance, it may be refunded as provided in this Section.
2. No refund may be made except upon a written claim verified by the person who paid the tax or by his or her guardian or conservator or the executor or administrator of his or her will or estate and stating the grounds upon which the claim is made. All claims filed pursuant to this subsection must be presented within one year after payment of the amount for which the claimant is seeking a refund.
3. No order of a refund may be made until a written claim therefor has been presented in accordance with this subsection. No suit for money, damages or a refund may be brought against the City until a written claim therefor has been presented to the City and has been acted upon or has been deemed rejected by the City, in accordance with this subsection. Only the person who filed the claim may bring such a suit, and if another person should do so, judgment shall not be rendered for the plaintiff.
F. Initiatives to Affect Tax.
Consistent with the California Constitution (art. XIIIC, § 3) the tax imposed by this ordinance may be affected by initiative. The procedures for qualification of such an initiative and the election on a qualified initiative shall be consistent with the California Constitution (art. 2, sec. 8), the California Elections Code (Chapter 3 of Division 9), and the Municipal Code. The minimum number of signatures necessary to qualify an initiative to affect the tax approved by this ordinance shall be equal to 5 percent of the votes in the City for all
ITEM 9.7. ATTACHMENT 1
Ordinance No. XX-2022 Page 5 of 5
candidates for Governor at the last gubernatorial election. The election on a qualified initiative to affect the tax shall be a regular citywide election. An initiative affecting the tax shall be approved only if at least two-thirds of the votes cast on the measure are in favor of its approval.
Section 5. Severability Clause.
If any article, section, subsection, sentence, phrase of clause of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The voters of Zone 33 hereby declare that they would have adopted the remainder of this Ordinance, including each article, section, subsection, sentenced phrase or clause, irrespective of the invalidity of any other article, section, subsection, sentence, phrase or clause.
Section 6. Effective Date and Posting.
This Ordinance shall take effect immediately upon its approval by two-thirds of the voters voting within the Zone in an election to be held on May 24, 2022 so that taxes shall first be collected hereunder for the tax year beginning July 1, 2023.
PASSED AND ADOPTED, THIS by the City Council of the City of Rancho Cordova on the 18th day of April 2022 by following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Donald Terry, Mayor
ATTEST:
Stacy Leitner, CMC
City Clerk
ASSESSOR'S PARCEL NO.
067-0040-010
GRANTLINE RD
CITY OF RANCHO CORDOVA
TRANSIT RELATED SERVICES SPECIAL TAX AREA
ANNEXATION 33
GRANTLINE 220 PROJECT
!
Legend
Annexation Boundary
ITEM 9.7.
ATTACHMENT 2
Exhibit A to the Ordinance
ITEM 9.7. ATTACHMENT 3
Exhibit B to the Ordinance
Amount of Tax per Parcel by Land Use Category
A. Residential Dwelling Units
As adjusted for inflation from the original base year, the amount of Tax per Parcel for fiscal year 2021-2022 for Residential Land Use Categories shall be $119.94 per low density residential dwelling unit or low density residential dwelling unit equivalent, $95.94 per medium density residential dwelling unit or medium density residential dwelling unit equivalent, or $71.96 per high density residential dwelling unit or high density residential dwelling unit equivalent (Multi-family residential units on a single parcel shall be assessed on a proportionately equivalent basis (e.g., a two-unit attached housing structure, such as a duplex, would be deemed to consist of two residential parcels for purposes of the TransitRelated Services Special Tax).
B. Non-Residential
As adjusted for inflation from the original base year, the amount of Tax per Parcel for fiscal year 2021-2022 for Non-Residential Land Use Categories (except Recreational and Agricultural) shall be $3,075.01 per retail and service commercial acre, $2,643.26 per commercial mixed use or office commercial acre, and $710.15 per light industrial acre.
C. Inflator Formula
The tax is subject to an annual inflator formula based on the Consumer Price Index for all Urban Consumers (CPI-U) for the San Francisco-Oakland-San Jose Area, or six percent, whichever is less.
MEMORANDUM
City Council Staff Report - Page 1 of 1
ITEM 9.8.
DATE: April 18, 2022
TO: Honorable Mayor and Council Members
FROM: Darcy Goulart, Planning Manager
SUBJECT: SECOND READING OF ORDINANCES RELATED TO THE REZONE
AND DEVELOPMENT AGREEMENT FOR THE PRESERVE PROJECT
DD9835
RECOMMENDATION
Waive second reading and adopt the Ordinances.
RESULT OF RECOMMENDED ACTION
Adoption of the Ordinances would approve the Development Agreement for The Preserve Project and Rezone the subject property from AG-80 and Industrial Reserve to RD-5 for The Preserve Project DD9835.
BACKGROUND
On April 4, 2022 the City Council waived the first reading and introduced the Ordinances.
FISCAL IMPACT AND FUNDING SOURCE
There is no Fiscal Impact.
ATTACHMENT(S)
1. Ordinance for Rezone
2. Exhibit A to the Ordinance - Rezone
3. Ordinance for Development Agreement
4. Exhibit A to the Ordinance - Development Agreement
ITEM 9.8. ATTACHMENT 1
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 9.8. ATTACHMENT 1
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 9.8. ATTACHMENT 1
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 18th day of April 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 9.8.
ATTACHMENT 2
Exhibit A to the Ordinance
ITEM 9.8. ATTACHMENT 3
Ordinance No. XX-2022 Page 1 of 4
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 or under option by TDW Enterprises LP and Winn Development II, LLC (referred to together and individually as “Landowner” or “Developer”).
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 9.8. ATTACHMENT 3
Ordinance No. XX-2022 Page 2 of 4
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.
ITEM 9.8. ATTACHMENT 3
Ordinance No. XX-2022 Page 3 of 4
Section 3: Approval of Development Agreement.
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 and WINN DEVELOPMENT;
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. The effective date of this Ordinance and of the Development Agreement shall be the later date on which Winn Development acquires fee title to the Whitlow Property and the Divine Property. If Winn Development fails to acquire fee title to the Whitlow Property and the Divine Property prior to December 31, 2022, this Ordinance and the Development Agreement shall be null and void without further action.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova this 18th day of April 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Donald Terry, Mayor
ATTEST:
ITEM 9.8. ATTACHMENT 3
Ordinance No. XX-2022 Page 4 of 4
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 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 Exhibit A to the Ordinance
5019396.25
ITEM 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 Exhibit A to the Ordinance
EXHIBIT A
MAP OF THE PROPERTY
ITEM 9.8. ATTACHMENT 4 Exhibit A to the Ordinance
THE PRESERVE
EXHIBIT A ( PROPERTY )
CITY OF RANCHO CORDOVA, CALIFORNIA
ITEM 9.8. ATTACHMENT 4 Exhibit A to the Ordinance
EXHIBIT A-1
LEGAL DESCRIPTION OF THE PROPERTY
ITEM 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 Exhibit A to the Ordinance
EXHIBIT B-1
LEGAL DESCRIPTION OF THE TDW PROPERTY
ITEM 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 Exhibit A to the Ordinance
EXHIBIT B-2
MAP DEPICTING THE TDW PROPERTY
ITEM 9.8. ATTACHMENT 4 Exhibit A to the Ordinance
THE PRESERVE
EXHIBIT B-2 ( TDW PROPERTY )
CITY OF RANCHO CORDOVA, CALIFORNIA
ITEM 9.8. ATTACHMENT 4 Exhibit A to the Ordinance
EXHIBIT C-1
LEGAL DESCRIPTION OF THE WHITLOW PROPERTY
ITEM 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 Exhibit A to the Ordinance
EXHIBIT C-2
MAP DEPICTING THE WHITLOW PROPERTY
ITEM 9.8. ATTACHMENT 4 Exhibit A to the Ordinance
THE PRESERVE
EXHIBIT C-2 ( WHITLOW PROPERTY )
CITY OF RANCHO CORDOVA, CALIFORNIA
ITEM 9.8. ATTACHMENT 4 Exhibit A to the Ordinance
EXHIBIT D-1
LEGAL DESCRIPTION OF THE DIVINE PROPERTY
ITEM 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 Exhibit A to the Ordinance
EXHIBIT D-2
MAP DEPICTING THE DIVINE PROPERTY
ITEM 9.8. ATTACHMENT 4 Exhibit A to the Ordinance
THE PRESERVE
EXHIBIT D-2 ( DIVINE PROPERTY )
CITY OF RANCHO CORDOVA, CALIFORNIA
ITEM 9.8. ATTACHMENT 4 Exhibit A to the Ordinance
EXHIBIT E
MAP DEPICTING PARK LAND DEDICATION
ITEM 9.8. ATTACHMENT 4 Exhibit A to the Ordinance
THE PRESERVE
EXHIBIT E -(CRPD NEIGHBORHOOD PARKS)
CITY OF RANCHO CORDOVA, CALIFORNIA
ITEM 9.8. ATTACHMENT 4 Exhibit A to the Ordinance
EXHIBIT F
MAP DEPICTING OPEN SPACE DEDICATION
ITEM 9.8. ATTACHMENT 4 Exhibit A to the Ordinance
THE PRESERVE
EXHIBIT F - OPEN SPACE
(GREEN INFRASTRUCTURE)
& (COMMUNITY PLACES)
CITY OF RANCHO CORDOVA, CALIFORNIA
ITEM 9.8. ATTACHMENT 4 Exhibit A to the Ordinance
EXHIBIT G
INFRASTRUCTURE PHASING PLAN
ITEM 9.8. ATTACHMENT 4 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 9.8.
ATTACHMENT 4
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 9.8.
ATTACHMENT 4
Exhibit A to the Ordinance
EXHIBIT H
FORM OF ASSIGNMENT AND ASSUMPTION AGREEMENT
ITEM 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 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 9.8. ATTACHMENT 4 Exhibit A to the Ordinance
City Council Staff Report – Page 1 of 12
MEMORANDUM
ITEM 10.1.
DATE: April 18, 2022
TO: Honorable Mayor and Council Members
FROM: June Cowles, Senior Planner
SUBJECT: A RESOLUTION APPROVING SUNRIDGE LOT J VILLAGE 4 TENTATIVE
SUBDIVISION MAP, SPECIAL DEVELOPMENT PERMIT, AND MAJOR
DESIGN REVIEW PROJECT NO. DD10028
PROPERTY OWNER:
Cresleigh Homes Corp.
433 California Street, 7th Floor
San Francisco, CA 94104
APPLICANT/DEVELOPER:
Cresleigh Homes Corp.
3001 Douglas Boulevard, Suite 110
Roseville, CA 95661
PROJECT: Sunridge Lot J Village 4 Tentative Subdivision Map, Special Development Permit, and Major Design Review.
FILE: DD10028
LOCATION: South of Douglas Road and East of Rancho Cordova Parkway within the Sunridge Specific Plan
APN: 067-1060-004-0000
PLANNER: June Cowles, Senior Planner
RECOMMENDATION
Adopt the Resolution approving Sunridge Lot J Village 4 Tentative Subdivision Map, Special Development Permit, and Major Design Review.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would approve the Sunridge Lot J Village 4 Tentative Subdivision Map, a Special Development Permit, and Major Design Review for Master home plans. The subdivision map, Special Development Permit, and Major Design Review when a final map is approved, would allow for the construction of homes on individual lots and the sale of lots.
PROJECT DESCRIPTION
The project site, Sunridge Lot J tentative subdivision map was approved on April 6, 2006, and subdivided 81 acres into 4 Villages that consisted of 369 single family lots, 7.89 acres of parks,
4.05 acres of open space, and landscape corridors for pedestrian access, as shown in Figure 1: Site Location. Villages 1 through 3 are currently under construction by Cresleigh Homes.
The approved 2006 Sunridge Lot J Village 4 tentative subdivision map included 74 alley loaded residential lots, as shown in Figure 2: Approved 2006 Sunridge Lot J Village 4.
City Council Staff Report – Page 2 of 12
Figure 1: Site Location
.
Figure 2: Approved 2006 Sunridge Lot J Village 4
The applicant, Cresleigh Homes, is requesting the following:
A proposed Tentative subdivision map.
A Special Development Permit to revise the building setbacks. A Major Design Review for 3 floor plans, each with 3 architectural elevations.
Village 4
City Council Staff Report – Page 3 of 12
GENERAL PLAN/SPECIFIC PLAN CONSISTENCY:
The project site General Plan designation is Medium Density Residential (MDR). The Medium Density is generally characterized by small lot single-family detached, single-family attached and small apartment complexes. The proposed subdivision map is consistent with the MDR General Plan designation, with lots, on average, approximately 3,500 square feet. The MDR designation is related to the RD-10 zoned lots. The approved subdivision lot density for this area is consistent with the MDR designation.
ZONING ORDINANCE:
The project site is located within Sunridge Lot J area that includes several residential density districts (RD-residential, commercial, and open space). The project site is zoned Residential Density 10 (RD-10) Sunridge Specific Plan District. The proposed subdivision of 72 lots is consistent with RD-10 zoning district as it is a small lot subdivision that includes a combination of front loaded and alley front loaded or “court type” lots
ANALYSIS
Tentative Subdivision Map
The proposed Sunridge Lot J Village 4 subdivision lot layout is a combination of front-loaded lots from the street and alley loaded “court type” lots, as shown in Figure 3: Lot Layout. The proposed subdivision includes the following:
19 front loaded lots (typical lot layout)
53 lots that will front off the alley “court type” that include the following:
o The driveway and garage access will be off the alley
o The interior alley lots will also include the front door/elevation facing the alley. o The lots on the corner of the alley and street will front the alley with a pedestrian pathway from the sidewalk to the front porch. (Condition of Approval). o A pedestrian easement is included on the map between the central alleys
City Council Staff Report – Page 4 of 12
Figure 3: Lot Layout
Figure 4: Similar Subdivision Layout Aerial shows a Cresleigh product subdivision in the Sacramento area with the similar subdivision layout that includes a combination of front loaded and alley loaded lots.
Green: Front loaded lots
Yellow: Alley loaded lots
Red Dot: Pedestrian Easement
Blue Dot: Corner lots include a short wall
courtyard with the option of a
pathway from the sidewalk to the
front porch or courtyard.
Park
City Council Staff Report – Page 5 of 12
Figure 4: Similar Subdivision Layout Aerial
Title 22 - Land Development: Title 22 of the City of Rancho Cordova Municipal Code regulates land division and is intended to supplement and implement the Subdivision Map Act. The proposed project, as conditioned, is consistent with requirements and procedures of a subdivision map application.
Section 66474 of the California Subdivision Map Act requires a City to deny approval of a parcel map if specific findings cannot be made. As shown in Attachment 1, Resolution, all applicable findings have been met supporting the map request:
Special Development Permit
The Sunridge Lot J Village 4 project is located within the Sunridge Specific Plan which was originally approved by Sacramento County prior to City incorporation. As such, provisions of the County of Sacramento Zoning Code are applicable in the review of subsequent actions on the Sunridge Lot J Village projects.
Article 6 of the Sacramento County Zoning Code establishes procedures for Special Development Permits and includes the following statement:
“The purpose for which Special Development Permits may be issued is to encourage a creative and more efficient approach to the use of the land; to maximize the choice in the type of environment; to encourage more efficient allocation and maintenance of privately controlled common open space though the redistribution of overall density; to provide economy in housing opportunities; and to provide a means of greater creativity and flexibility in design than is provided under the strict application of the zone design standards”.
City Council Staff Report – Page 6 of 12
The applicant is requesting a Special Development Permit as follows:
To reduce the building setbacks as depicted in Table 1: Proposed Sunridge Lot J Village 4 Setbacks, to provide a building envelope that can support two-story homes with a two-car garage and living space on the first floor. The proposed subdivision includes 72 lots with front loaded house product. The typical lot size is 45 feet wide by 69 feet in length. The zoning district is Sunridge Specific Plan Residential Density 10 (SDSP RD10). The district allows small lots and clustered lots as well as large lot detached residential.
Depicted in Table 2: Proposed House Plan First Floor, the first-floor house plans show a two-car garage, living area: forward of the garage and options that include either a den, office space, and/or bedroom.
The Special Development Permit includes an easement along the side property line for the storage of trash bins, as shown in Figure 5: Proposed Trash Bin Easement. The proposed side yard setback is 4 feet wide. The proposed easement/fence would extend over the adjacent property line by 1 foot to increase the space for the trash bin storage to 5 feet wide. This would allow space for trash bin storage and maneuvering. The fence in this area would shift by 1 foot and then shift back by 1 foot. All the proposed homes within Village 4 are two-story plans.
Table 1: Proposed Sunridge Lot J Village 4 Setbacks
Required per Sunridge
Specific Plan
Proposed Sunridge Lot J
Village 4
Front setback to
building 16’ 8’ to living (alley)
12.5’ to living (street)
Front setback to
garage
19’ 18’
Side yard setback 5’ / 4’ 4’
Street side yard
setback 12.5’ 12.5’
Rear yard setback 20% of the lot depth 8’
Minimum Distance
between buildings 9’ 8’
City Council Staff Report – Page 7 of 12
Table 2: Proposed House Plan First Floor
Plan 1 Plan 2 Plan 3
First Floor
Sqft
First Floor
House Layout
Figure 5: Proposed Trash Bin Easement
City Council Staff Report – Page 8 of 12
Under the existing Sunridge Specific Plan’s building setbacks the desired proposed house plans are unable to meet the setback requirements and therefore this permit is required (because the project comes under the County Code). The applicant is attempting to meet the unit allocation stipulated in the Specific Plan, however due to the lot size per the zoning density, this project would not be able to build to its allocation, without the City granting reductions to the front, side and rear setbacks and distance to building development standards. As shown in Attachment 1, Resolution, all applicable findings have been met supporting the Special Development Permit request.
Major Design Review
The proposed Major Design Review includes 3 house plans, each with three proposed modern architectural styles, as shown in Table 3: Village 4 Plans Front Elevation.
Table 3: Village 4 Plans Front Elevation
Elevation Plan 1: (1,832 sq ft) Plan 2: (2,206 sq ft) Plan 3: (2,522 sq ft) Skyline
Mayfair
Park
Manor
Each floor plan includes the following:
Color schemes include colors for body, fascia, trim/garage, and accent colors as well as picture samples of roof materials.
All floorplans include the living space/porch forward of the garage. Each architectural style includes an enhanced elevation for homes facing the public right of way, as show in Figure 6: Proposed Enhanced Elevations Along Public Right-ofWay. Homes located on the corner will also include a courtyard area along the public right-ofway with a pathway leading from the sidewalk to either the courtyard area or front porch
City Council Staff Report – Page 9 of 12
area. These features will provide some engagement with the streetscape, as shown in Figure 7: Proposed Courtyard Area and Pathways.
Figure 6: Proposed Enhanced Elevations Along Public Right-of-Way.
Plan 1
Plan 2
City Council Staff Report – Page 10 of 12
Plan 3
Figure 7: Proposed Courtyard Area and Pathways.
City Design Guidelines
The proposed house plans offer a clear modern architecture style. The proposed project is consistent with the City Design Guidelines and Sunridge Specific Plan Design Guidelines as stated below:
The design is visually interesting and establishes streetscape variety with the proposed two-story product.
The mass, scale, and form of the homes enhance the public realm with the front yard porches and living spaces.
The several different rooflines included in each plan and elevation ensure variation. Front loading homes include living space/porch forward of the garage.
City Council Staff Report – Page 11 of 12
The proposed plans offer a modern architectural style. To ensure variety and interest throughout the villages, a condition of approval has been added to state that no two identical floor plans with the same building elevations within a master home plan series shall be located directly adjacent to each other. Popout trim is provided around the windows and doors on all elevations.
The Sunridge Specific Plan includes Design Standards that state that Small Lot Residential RD7 and RD-10 zoned sites are allowed flexibility due to the higher density. Village 4 is zoned RD10 with a typical lot size 45-55 feet by 65-70 feet. Therefore, two-story homes are proposed for Village 4 and cannot meet the Sunridge Specific Plan Design Standard #75: Two story residences shall not be located on more than three adjacent lots along a street frontage. A condition of approval will state the Sunridge Specific Plan Design Standard #75 shall not apply to Village 4. The proposed plans offer diverse roof lines, setbacks, modern architectural styles and colors that will provide streetscape variation.
Landscape Design
The submitted typical landscape plan depicts a variation of drought tolerant trees, shrubs and a small area of drought tolerant grass and natural grasses, as shown in Figure 8: Typical Landscape Plans.
The Model Water Efficient Landscape Ordinance (MWELO) states that new homes can only have lawns that do not exceed 25% of the total front, back and side yard square footage. This restriction is expected to reduce a home’s expected water use by 20% or 12,000 gallons per year.
Figure 8: Typical Landscape Plans
Approval of the Major Design Review, subject to the Design Review Package (Attachment 2) and the Conditions of Approval (Attachment 3) must provide sufficient evidence for the Findings
City Council Staff Report – Page 12 of 12
required by Zoning Code Section 23.141.070. Findings and supportive evidence for approval are shown in Attachment 1, Resolution.
FISCAL IMPACT
Staff anticipates that this project will result in additional revenues created from the potential sale of the residential lots through taxes collected for each lot.
ENVIRONMENTAL
A Mitigated Negative Declaration was approved for Sunridge Lot J rezone and subdivision in 2006. The Mitigated Negative Declaration (MND) for Lot J included site specific mitigation measures and references the mitigation measures within the MMRP prepared for the Specific Plan EIR. The MND determined that the rezone and subdivision resulted in no significant increase to the impacts previously studied in the FEIR for the SRSP. The proposed project is consistent with the approved subdivision and therefore, no further environmental analysis is required. The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15182 C, Residential projects implementing Specific Plans. All services and access to the proposed Sunridge Lot J Village 4 are available.
RECOMMENDED MOTIONS
Staff recommends that the City Council find the project to be in compliance with the California Environmental Quality Act (CEQA) per section 15182 C and adopt the Resolution approving Sunridge Lot J Village 4 Tentative Subdivision Map, Special Development Permit, and Major Design Review, (Attachment 2) subject to the findings, and Conditions of Approval (Attachment 3).
ATTACHMENTS
1. Resolution
2. Exhibit A to the Resolution – Sunridge Lot 4 Village 4 Tentative Subdivision Map, and Project Plans
3. Exhibit B to the Resolution – Conditions of Approval
ITEM 10.1. ATTACHMENT 1
Resolution No. XX-2022 Page 1 of 6
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, SPECIAL DEVELOPMENT PERMIT, AND MAJOR DESIGN REVIEW FOR SUNRIDGE LOT J VILLAGE 4 PROJECT NO. DD10028 WHEREAS, Cresleigh Homes Corporation (hereinafter referred to as Applicant) filed an application with the City of Rancho Cordova for a Tentative Subdivision Map, Special Development Permit, and Major Design Review for Sunridge Lot J Village 4 located within Sunridge Specific Plan. Parcel Number: 067-1060-004-0000; and WHEREAS, the applicant has met all applicable requirements under State law and City ordinances related to this Tentative Subdivision Map and the City Council is the appropriate authority to hear and take action on this project; and
WHEREAS, the attached 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, the submitted application also includes a Special Development Permit for the revised building setbacks and a Major Design Review for the approval for Village 4 located in the Sunridge Lot J subdivision with 3 new floor plans each with three architectural styles design; and WHEREAS, on April 18, 2022, the City Council held a properly noticed public hearing at which it received a report from City Staff regarding the tentative subdivision map, special development permit, and major design review 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. RECITALS
The foregoing recitals are true and correct and made a part of this Resolution.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA authorizes approval of the Sunridge Lot J Village Tentative Subdivision Map (Exhibit A), subject to the following findings and attached Conditions of Approval (Exhibit B):
A. A Mitigated Negative Declaration was approved for Sunridge Lot J rezone and subdivision in 2006. The Mitigated Negative Declaration (MND) for Lot J included site specific mitigation measures and references the mitigation measures within the MMRP prepared for the Specific Plan EIR. The MND determined that the rezone and subdivision resulted in no significant increase to the impacts previously studied in the FEIR for the SRSP. The proposed project is consistent with the approved subdivision and therefore, no further
ITEM 10.1. ATTACHMENT 1
Resolution No. XX-2022 Page 2 of 6
environmental analysis is required. The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15182 (c), Residential projects implementing Specific Plans. All services and access to the proposed Sunridge Lot J Village 4 are available.
Section 2. SMALL LOT TENTATIVE SUBDIVISION MAP WITH ATTACHED
CONDITIONS OF APPROVAL AND FINDINGS
In accordance with Government Code section 66473.5, the proposed Small Lot Tentative Maps 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 California Subdivision Map Act requires a City to deny approval of a parcel map, if any of the following findings cannot be made. The following evidence supports the map request:
A. Finding: The proposed map is consistent with applicable general and specific plans as specified in Section 65451.
Evidence: The proposed tentative subdivision map is consistent with the General Plan and the land use designation. The Sunridge Lot J Village 4 project is located within the Sunridge Specific Plan Medium Density designation. The proposed subdivision is at 13.77 density and therefore meets the Medium Density (6.1 to 18.0 dwelling units per acre).
B. Finding: The design or improvement of the proposed subdivision is consistent with applicable general and specific plans.
Evidence: The proposed map is consistent with the Sunridge Specific Plan Village layout concept. The residential lot count at 72 is two lots less than the original Sunridge Lot J Village 4, 74 lots. The proposed street layout maintains the original Village 4 connections.
C. Finding: The site is physically suitable for the type of development.
Evidence: The site is physically suitable to subdivide. The subdivision maps were originally approved on April 6, 2006 and subdivided 81 acres into 4 Villages that consisted of 369 single family lots, 7.89 acres of parks, 4.05 acres of open space, and landscape corridors for pedestrian access. The proposed tentative subdivision map, Village 4 includes a new lot configuration with a combination of front loaded and alley or “court type” layout.
D. Finding: The site is physically suitable for the proposed density of development.
Evidence: The proposed subdivision map lot count is 72 lots and is at 13.77 density which is consistent with the Sunridge Specific Plan designation of Medium Density.
The Medium Density Residential category is generally characterized by small lot single-family detached, single-family attached (e.g., town homes, condominiums, brownstones), and small apartment complexes. Medium Density development is often found as part of a village development.
ITEM 10.1. ATTACHMENT 1
Resolution No. XX-2022 Page 3 of 6
E. Finding: 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: The proposed project is located within the Sunridge Lot J. A Mitigated Negative Declaration was approved for Sunridge Lot J rezone and subdivision in 2006.
The Mitigated Negative Declaration (MND) for Lot J included site specific mitigation measures and references the mitigation measures within the MMRP prepared for the Specific Plan EIR. The MND determined that the rezone and subdivision resulted in no significant increase to the impacts previously studied in the FEIR for the SRSP.
The proposed project is consistent with the approved subdivision and therefore, no further environmental analysis is required. The proposed project is exempt from environmental review pursuant to section 15182 (c), residential projects implementing Specific Plans of the California Environmental Quality Act.
F. Finding: The design of the subdivision or the type of improvements is not likely to cause serious public health problems.
Evidence: The proposed subdivision map with the new lot layout will not cause serious public health problems. The residential subdivision includes 72 single family lots. The proposed street layout maintains the original Village 4 connections. A pedestrian connection is provided between the two centrally located alleys.
G. Finding: The design of the subdivision or the type of improvements will not 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 Village 4 subdivision map layout does not conflict with any easements or access through the subdivision from the existing developments. The proposed street layout maintains the original Village 4 connections. The proposed improvements on the Tentative Subdivision Map and included within the project are consistent with the approved Sunridge Specific Plan, the City of Rancho Cordova Ordinances and Standards and do not conflict with public easements and related necessary access through the project.
2. Approval of the Special Development Permit in order to revise setbacks to accommodate the approved subdivision lot sizes with the proposed plans to maintain the desired housing product diversity. The following evidence supports the Special Development Permit request.
Findings and supportive evidence are shown below:
A. Finding: That the proposed development will carry out the intent of the General Plan and the appropriate community plan.
Evidence: The proposed project is consistent with the General Plan/Sunridge Specific Plan land use designation.
B. Finding: That the proposed development is of sufficient size and is designed so as to provide a desirable environment within its own boundaries.
ITEM 10.1. ATTACHMENT 1
Resolution No. XX-2022 Page 4 of 6
Evidence: The proposed Tentative Subdivision Map is of sufficient size that includes a 10 unit per an acre development of small lot single- family lots that meets the minimum density requirement within its own boundaries. The medium density development is within walkable distance to the adjacent park.
C. Finding: That the proposed development is compatible with existing and proposed land uses in the surrounding area.
Evidence: The site is physically suitable to subdivide and is compatible with existing and proposed land uses in the surrounding area as it is consistent with the General Plan and Sunridge Specific Plan in that they both allow for this type of development.
D. Finding: That any exceptions to, or deviation from, the use, density, requirements or design standards of the Land Use Zone in which the property is located, or of Title II of the Sacramento Code are justified by the design of the development or by the substantial energy savings proposed pursuant to Section 110-65(b). In case of the a residential area, the rearrangement of dwellings and the mixing of dwelling types shall be justified by larger and more usable open spaces.
Evidence: The site is physically suitable for the proposed density of development.
The proposed Tentative Subdivision Map will divide the existing parcel into 72 singlefamily homes that are front loaded and alley front loaded homes. The overall residential density is 13.77 units per acre which is consistent with the Sunridge Specific Plan Medium Density and General Plan Medium Density designation. Improvements are provided as shown on the Tentative Subdivision Map (Exhibit A), and subject to the attached Conditions of Approval (Exhibit B).
E. Finding: That there is adequate assurance that all public improvements will be installed at the scheduled times, as required by Public Works.
Evidence: The project conditions of approval provide a time schedule for all public improvements as required by Public Works.
F. Finding: That there is adequate assurance that the development schedule will be met.
Evidence: The project includes an existing Development Agreement that has an expiration date of June 18, 2024.
G. Finding: That the existing or proposed utility services are adequate for the uses and population densities proposed.
Evidence: The existing and proposed utilities are adequate for the uses and population density proposed.
3. Approve the Design Review, subject to the Major Design Review Package (Exhibit A) and the Conditions of Approval (Exhibit B) as modified; supported by the following Findings and Evidence, as required by Zoning Code Section 23.141.070:
ITEM 10.1. ATTACHMENT 1
Resolution No. XX-2022 Page 5 of 6
A. Finding: The proposed project is consistent with the objectives of the General Plan, complies with applicable zoning regulations, Specific Plan provisions, and special planning area provisions, and is consistent with the applicable Rancho Cordova Design Guidelines.
Evidence: The General Plan designation for the subdivision is Medium Density Residential (MDR). The Medium Density is generally characterized by small lot singlefamily detached, single-family attached and small apartment complexes. The approved subdivision map is consistent with the MDR General Plan designation, with lots, on average, approximately 3,500 square feet. The MDR designation is related to the RD-10 zoned lots. Therefore, the project is consistent with the Sunridge Specific Plan regarding density. The project follows all zoning regulations with the request of the Special Development Permit for the revised setbacks as well as the applicable Rancho Cordova Design Guidelines including height regulations and architectural detail requirements.
B. Finding: The proposed architecture, site design, and landscape are suitable for the purposes of the building and the site and will enhance the character of the neighborhood and community.
Evidence: Cresleigh Homes is presenting a design package which includes three (3) different floor plans with three elevations per plan and three color schemes. Variations in colors and materials along with living spaces forward of the garage will create a vibrant and welcoming streetscape. Conditions of Approval have been developed to alternate between floor plans and architectural styles throughout the neighborhood to emphasize street variation. Conditions of Approval (Exhibit B) have been developed to alternate between sizes and architectural styles throughout the neighborhood to emphasize street variation. This proposed architecture, site design and landscape are therefore suitable for the site and will enhance the character of the neighborhood and community.
C. Finding: The architecture, including the character, scale, and quality of the design, relationship with the site and other buildings, building materials, screening of exterior appurtenances, exterior lighting and signing, and similar elements establishes a clear design concept and is compatible with the character of existing or anticipated buildings on adjoining and nearby properties.
Evidence: The proposed architecture and landscaping are consistent with the Sunridge Specific Plan design standards and the City Design Guidelines. The applicant has provided 3 different floor plans. A clear design concept is shown for each elevation and each design provides consistent characteristics of each stated style. All elevations and architectural style palettes are included in the Design Review Package.
D. Finding: The proposed project will not create conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation.
Evidence: The subdivision map includes connection to adjacent development and pedestrian connections within the interior alleys. Vehicular, bicycle, and pedestrian circulation were reviewed as part of the Tentative Subdivision Map. This Design Review approval will not impede any of the approved transportation modes.
ITEM 10.1. ATTACHMENT 1
Resolution No. XX-2022 Page 6 of 6
Approval.
The City Council approves the attached Small Lot Tentative Subdivision Map, Special Development Permit, and Major Design Review (Exhibit A) for the Sunridge Lot J Village 4 project with attached conditions of approval (Exhibit B).
Section 3. EFFECTIVE DATE.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 18th day of April 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Donald Terry, Mayor
ATTEST:
Stacy Leitner, CMC
City Clerk
SUNRIDGE VILLAGE 4
SINGLE FAMILY DEVELOPMENT
SHEET INDEX
CITY OF RANCHO CORDOVA
02.16.2022
0. COVER SHEET
C 1 of 3 TENTATIVE SUBDIVISION MAP: COVER SHEET
C 2 of 3 TENTATIVE SUBDIVISION MAP: GRADING PLAN
C 3 of 3 TENTATIVE SUBDIVISION MAP: UTILITY PLAN
C 1 of 1 CURBING EXHIBIT
C 1 of 1 TRASH STORAGE EXHIBIT
C 1 of 1 TRASH PICK-UP EXHIBIT
L 1 of 3 PRELIMINARY STREET TREE PLAN
L 2 of 3 PROPOSED PLANT MATERIALS
L 3 of 3 CONCEPTUAL PRODUCTION LANDSCAPE PLANS
A0.1 SCHEMATIC STREET SCENE + ELEVATION GUIDE
A1.1 PLAN 1 | SCHEMATIC FIRST FLOOR PLAN
A1.2 PLAN 1 | SCHEMATIC SECOND FLOOR PLAN
A1.3 PLAN 1 | SCHEMATIC PERSPECTIVE - “SKYLINE”
A1.4 PLAN 1 | SCHEMATIC ELEVATIONS - “SKYLINE”
A1.5 PLAN 1 | SCHEMATIC PERSPECTIVE - “MAYFAIR”
A1.6 PLAN 1 | SCHEMATIC ELEVATIONS - “MAYFAIR”
A1.7 PLAN 1 | SCHEMATIC PERSPECTIVE - “PARK MANOR”
A1.8 PLAN 1 | SCHEMATIC ELEVATIONS - “PARK MANOR”
A1.9 PLAN 1 | SCHEMATIC ENHANCED ELEVATIONS
A2.1 PLAN 2 | SCHEMATIC FIRST FLOOR PLAN
A2.2 PLAN 2 | SCHEMATIC SECOND FLOOR PLAN
A2.3 PLAN 2 | SCHEMATIC PERSPECTIVE - “SKYLINE”
A2.4 PLAN 2 | SCHEMATIC ELEVATIONS - “SKYLINE”
A2.5 PLAN 2 | SCHEMATIC PERSPECTIVE - “MAYFAIR”
A2.6 PLAN 2 | SCHEMATIC ELEVATIONS - “MAYFAIR”
A2.7 PLAN 2 | SCHEMATIC PERSPECTIVE - “PARK MANOR”
A2.8 PLAN 2 | SCHEMATIC ELEVATIONS - “PARK MANOR”
A2.9 PLAN 2 | SCHEMATIC ENHANCED ELEVATIONS
A3.1 PLAN 3 | SCHEMATIC FIRST FLOOR PLAN
A3.2 PLAN 3 | SCHEMATIC SECOND FLOOR PLAN
A3.3 PLAN 3 | SCHEMATIC PERSPECTIVE - “SKYLINE”
A3.4 PLAN 3 | SCHEMATIC ELEVATIONS - “SKYLINE”
A3.5 PLAN 3 | SCHEMATIC PERSPECTIVE - “MAYFAIR”
A3.6 PLAN 3 | SCHEMATIC ELEVATIONS - “MAYFAIR”
A3.7 PLAN 3 | SCHEMATIC PERSPECTIVE - “PARK MANOR”
A3.8 PLAN 3 | SCHEMATIC ELEVATIONS - “PARK MANOR”
A3.9 PLAN 3 | SCHEMATIC ENHANCED ELEVATIONS
A4.1 ENHANCED SIDE CONDITIONS EXHIBIT
A5.1 COLOR + MATERIALS | SCHEMES 1-3 - “SKYLINE”
A5.2 COLOR + MATERIALS | SCHEMES 4-6 - “MAYFAIR”
A5.3 COLOR + MATERIALS | SCHEMES 7-9 - “PARK MANOR”
JEFFREY DEMURE + ASSOCIATES
ARCHITECTS PLANNERS
ITEM 10.1. ATTACHMENT 2 Exhibit A to the Resolution
1 4 5
9 11
10 12
6 7
2 21 20 19 18 17 16
15 14
28 29 22 23 24 25 26 27
37 38 39
36 35
40 34
41 42
33 32
43 44 45
31 30
13 53 52
54 55
51 50 49 48
56 57 58
47 46
60 59
61 62
64 63
65 66
67 71 70 69 68
3 8
72 CANYONLANDS DRIVE
COBBLE BROOK DRIVE
ALLEY 42
ALLEY 41
ALLEY 37 ALLEY 38 ALLEY 39
ALLEY 40
ALLEY 36 ALLEY 35 ALLEY 34
ALLEY 33
AURA WAY HETCH HECHY DRIVE AURA WAY
DOUGLAS ROAD ALLEY 30 ALLEY 31 ALLEY 32
69' 55' 55'
67' 26'
69'
67' 50' 54' 58' 46'
18' 38' 56'
79' 81' 79' 81' 79' 82'
57' 59' 45' 45'
57' 45' 46' 28'
12' 12' 28' 28'
12' 12' 28' 44' 28'
12'19'
12' 30'
67'
70'
91'
100' 45' 45' 47' 48'
100'
55' 45' 59' 45'
45' 28' 69' 47' 70'
46' 55' 65' 69'
46' 35' 49' 79'
18' 12'
28' 45' 12'
28' 45'
41'
R=20'
R=30'
R=50'
R=50'
R=30'
R=10' R=20'
R=20' R=20'
R=10'
R=10'
35' 45' 45' 35' 49' 57'
45' 28' 67'
55' 45' 45' 55' 70' 69' 69' 49' 12' 12'
45' 28' 28' 45' 12' 12'
28' 45'
17' 17' 79'67' 57' 57' 81' 45' 12' 12' 17'
45' 28' 59'
55' 45' 67'79' 79' 81' 82' 70'
46' 57'
48' 54' 70'
37' 53'
28' 56' 12' 12'
20' 82' 82' 70' 60'
57' 63'
34' 47' 12' 12'
23'
34' 47' 19'
42' 70' 82' 82'
57' 57' 60' 70' 49'
114' 49'
114'
105' 56'
39' 51' 50' 34' 76' 76' 76'
51' 50' 59' 59'
R=25' R=20' 51'
R=10'
R=10'
52' 45' 45' 54'
71' 56' 68' 71' 71' 78'90'
17' 17' 78'
28' 45' 12' 12'
45' 28' 28' 45' 12' 12'
45' 45' 28' 28' 12' 12'
18'
28' 45' 69'
46' 55' 59' 57' 67' 57' 59'
55' 45' 45' 55' 69' 67' 81' 79' 69' 67' 59' 55' 55'
45' 28' 12' 12' 17' 81'69'
45' 28'
56' 45' 79' 67' 69'
41' 45' 70'
40' 56' 43'
R=10' AUDRIS WAY HETCH HECHY DRIVE
(PUBLIC)
(PUBLIC)
(PUBLIC) (PUBLIC)
(PUBLIC) (PUBLIC) (PUBLIC)
(PUBLIC)
(PUBLIC)
(PUBLIC)
(PUBLIC)
(PUBLIC)
(PUBLIC)
24'
24'
24' 40' 24'
40'
40'
40' 24' 24' 24' 24' 24' 24'
10' PUE
10' PUE
10' PUE
10' PUE
10' PUE 10' PUE
10' PUE
10' PUE
5' PUE
5' PUE
5' PUE
5' PUE 5' PUE
5' PUE
10' PUE
10' PUE
10' PUE 10' PUE
10' PUE
10' PUE
10' PUE 10' PUE 5' PUE 5' PUE 5' PUE 5' PUE 5' PUE 5' PUE 5' PUE5' PUE 5' PUE 5' PUE 5' PUE 10' PUE 10' PUE 10' PUE 5' PUE 24' 5' PUE 5' PUE 5' PUE 24' 24' 5' PUE 5' PUE5' PUE 5' PUE
12.5' PUE (EX) 5' PUE 13.5' PE/LE (EX) 23.5'
12.5' PUE (EX)
PUE (EX)
13.5' PE/LE (EX)
23.5' PUE (EX)
40' 5' PE 5' PE
67' 27'
40'
VICINITY MAP
AEROJET AMERICANOS BLVD
DR.
MATHER FIELD
ZINFANDEL
ROCK ROAD
BLVD
FOLSOM
U.S. HIGHWAY 50
BLVD
KIEFER EAGLES NEST ROAD
SUNRISE BLVD
DOUGLAS ROAD
WHITE
PROJECT
SITE
CIVIL ENGINEERS
SURVEYORS msaPLANNERS
A company cbg
MSA ENGINEERING INC.
1430 BLUE OAKS BLVD. SUITE 110
ROSEVILLE, CA 95747
PHONE: (916) 788-4456
19-020 - SHEET 1 of 3
DESCRIPTION: EXISTING ZONING:
ASSESSOR PARCEL NUMBERS:
SCHOOLS:
FIRE:
RECREATION:
PROPOSED USE:
MAP PHASING:
EXISTING USE:
STREET NAMES:
ENGINEER/PLANNER
NUMBER OF LOTS:
WATER:
STORM DRAINAGE:
PROJECT NOTES
OWNER/DEVELOPER
SANITARY SEWER:
LAND USE SUMMARY
LAND USE ACRES # UNITS
RD-10 LOTS (45' X 67')
TOTALS 7.05 AC.
5.23 DENSITY
ELECTRIC:
GAS:
NOTES:
MAJOR STREETS 1.31
72 13.77 du/ac
CITY OF RANCHO CORDOVA, CALIFORNIA
FEBRUARY 15, 2022
CRESLEIGH HOMES CORPORATION
3001 DOUGLAS BLVD., SUITE 110
ROSEVILLE, CALIFORNIA 95661
(916) 781-6020
MSA ENGINEERING
1430 BLUE OAKS BOULEVARD, SUITE 110
ROSEVILLE, CALIFORNIA 95747
(916) 788-4456
THAT CERTAIN PROPERTY SITUATED IN THE STATE
OF CALIFORNIA, COUNTY OF SACRAMENTO,
UNINCORPORATED AREA, DESCRIBED AS FOLLOWS:
PARCEL 3, AS SHOWN ON THE MAP ENTITLED
“PARCEL MAP OF SUBDIVISION NO. RC-03-027.01A
SUNRIDGE VILLAGE LARGE LOT MAP” FILED FOR
RECORD ON JUNE 12, 2017 IN BOOK 230 OF PARCEL
MAP AT PAGE 3, SACRAMENTO COUNTY RECORDS.
THERE ARE NO KNOWN EASEMENTS WHICH AFFECT
THIS PARCEL.
THERE ARE NO EXISTING TREES ON THIS PARCEL.
(MASS GRADING OF THIS SITE WAS DONE WITH THE
SUNRIDGE VILLAGE 1 IMPROVEMENT PLANS).
THERE ARE NO WETLANDS ON THIS PARCEL.
(MASS GRADING OF THIS SITE WAS DONE WITH
THE SUNRIDGE VILLAGE 1 IMPROVEMENT PLANS).
AGRICULTURAL/SINGLE FAMILY RESIDENTIAL
(EQUESTRIAN USES)
APN 067-1060-004
SINGLE FAMILY RESIDENTIAL
RD-10
COUNTY OF SACRAMENTO
CITY OF RANCHO CORDOVA
COUNTY OF SACRAMENTO - ZONE 40
72 SINGLE FAMILY LOTS
STREET NAMES SHOWN ARE FOR PLAN
IDENTIFICATION PURPOSES ONLY.
FINAL NAMES WILL BE SUBMITTED FOR
APPROVAL PRIOR TO FINAL MAP.
THIS SUBDIVISION WILL NOT BE PHASED.
CORDOVA RECREATION AND PARK DISTRICT
SACRAMENTO METRO FIRE DISTRICT
ELK GROVE UNIFIED SCHOOL DISTRICT
PG&E
S.M.U.D.
0 25 50 100
SCALE: 1"=50'
NORTH RANCHO CORDOVA PKWY
ALLEY SECTION
NO SCALE
6" P.C.C.
6" MIN A.B.
0.33' (FUTURE PAD)
ALLEYCL
R/W R/W
PER SAC CO IMPROVEMENT STD DWG 4-39
EXIST. GROUND
NO SCALE
TYPICAL 40' STREET SECTION
CONST TYPE 2 CURB & GUTTER PLACE 9" AB
PLACE 3" AC
CL
2%
13'
20'
3' 4'
R/W
R=10.0, TI=5.0
1.5% 2%
13'
20'
PLACE 6" MIN CL-2 AB
PCC SIDEWALK
CONST 3-5/8"x4'
2' 4' 3'
R/W
1.5%
40'
24'
SHEET INDEX
SHEET # TITLE SCALE
1 3
2 COVER SHEET
UTILITY
GRADING PLAN
1"=50'
1"=50'
1"=50'
LEGEND
PROJECT BOUNDARY
PROPOSED LOTS
RIGHT OF WAY
LIP OF CURB
TOP BACK OF CURB/SIDEWALK
PUE (PUBLIC UTILITY EASEMENT)
STREET CENTERLINE
DRAINAGE MAIN
SEWER MAIN
SEWER MANHOLE
WATER MAIN
DRAIN INLET
DRAIN MANHOLE
FIRE HYDRANT
GATE VALVE
8"WM
8"SS
12"SD
SUNRIDGE VILLAGE 4
TENTATIVE SUBDIVISION MAP
COVER SHEET
4' 6'
1.5%
2'
1.5%
2'
R/W
(EX) 12" AB
(EX) 3 1/2" AC
NO SCALE
TYPICAL 50' STREET SECTION
2%
3'
25'
22'
CL
2%
22'
50'
25'
3'
R/W
R=8, TI=6.0
CANYONLANDS DRIVE
6'
10' PUE
16' P.U.E.
PARK SITE
& GUTTER (TYP.)
(EX) TYPE 2 CURB
6' P.E.
SUNRIDGE VILLAGE 4
CONST 3- 5/8"x4' PCC
SIDEWALK OVER 6" AB
(EX) SIDEWALK
TO BE DEMO'D
ALLEYS 0.51
72 J:\Projects\Sunridge\19-020 Sunridge Village 4\Entitlements\19-020-TM-01.dwg, 2/15/2022 8:45 AM
8.5' 5'
1.5%
2'
COBBLE BROOK DRIVE
R=8, TI=6.0
R/W
3'
21.5'
43'
18.5'
2%
CL
18.5'
21.5'
3'
2%
TYPICAL 43' STREET SECTION
NO SCALE
R/W
2'
1.5%
5' 8.5'
2% 2%
13.5' L.E. & P.E.
23.5' P.U.E.
SUNRIDGE VILLAGE 4
(EX) 12" AB
(EX) 3 1/2" AC
& GUTTER (TYP.)
CONST 3- 5/8"x4' PCC (EX) TYPE 2 CURB
SIDEWALK OVER 6" AB
(EX) SIDEWALK
TO BE DEMO'D
16' PUE (EX)
6' PE (EX)
6' PE (EX)
16' PUE (EX)
4'
4'
10' PUE
5' PUE 5' PUE
10' PUE 10' PUE
SUNRIDGE VILLAGE 2
16' LIVING SETBACK
19' GARAGE SETBACK
12.5' STREET
SIDE/CORNER
SETBACK
2'
ITEM 10.1. ATTACHMENT 2 Exhibit A to the Resolution
C=189.4 C=190.0 C=190.6
C=189.2
C=188.6
C=188.4
C=188.0
C=187.8
C=187.3
C=187.0
C=186.7
C=186.6
C=186.3
C=185.8
C=185.5
C=187.5 C=185.0
CANYONLANDS DRIVE
1 4 5
9 11
12 10
7 6
2 21 20 19 18 17 16
14 15
29 28
27 26 25 24 23 22
37 38
36 39
35 40
34 41 42
33 32
43 44
30 45
31 13
53 52
55 54
51 50 49 48
58 57 56
47 46
60 59
61 62
63 64
65 66
67 68 70 69 71
3 8
72 COBBLE BROOK DRIVE
ALLEY 42
ALLEY 39
ALLEY 40
ALLEY 36 ALLEY 35 ALLEY 34
ALLEY 33
AURA WAY HETCH HECHY DRIVE AURA WAY
DOUGLAS ROAD ALLEY 30 ALLEY 31 ALLEY 32
44 45
LOT D
24' 40'
40' 24'
40'
40'
40' AUDRIS WAY HETCH HECHY DRIVE
TW=190.60
FG=189.2
TW=190.60
FG=188.6
TW=190.90
FG=188.4
TW=190.90
FG=188.4
TW=190.90
FG=188.0
TW=190.90
FG=188.0
TW=190.30
FG=187.8
TW=190.30
FG=187.3
TW=190.30
FG=187.0
TW=190.30
FG=187.0
TW=189.50
FG=186.7
TW=190.50
FG=186.6
TW=189.50
FG=186.3
TW=189.50
FG=186.3
TW=188.30
FG=185.8
TW=188.30
FG=185.5
TW=188.30
FG=185.5 TW=200.41 BW=193.04 TW=201.08 BW=193.71 TW=201.75 BW=194.38 TW=201.75 BW=195.05 TW=202.42 BW=195.72 TW=203.09 BW=196.39 TW=203.76 BW=197.06 TW=200.41 BW=193.04 TW=201.08 BW=193.71 TW=201.75 BW=194.38 TW=201.75 BW=195.05 TW=202.42 BW=195.72 TW=203.09 BW=196.39 TW=203.76 BW=197.06 P=191.1 P=190.9
P=190.7 P=190.9
P=192.0
P=191.8 P=191.9
P=192.1 P=193.1
P=192.9
P=193.2
P=192.2
P=191.5
P=191.3
P=191.1
P=191.0 P=191.4 P=191.4 P=191.0 P=190.2 P=190.4
P=190.6 P=190.3 P=190.7 P=191.1 P=191.5 P=191.2
P=191.8 P=192.2
P=192.2 P=191.8 P=191.1 P=191.5 P=191.1 P=190.7 P=190.3 P=190.6 P=190.4 P=190.3 P=190.5 P=190.8 P=190.9 P=190.5
P=190.8 P=191.2
P=191.0 P=190.8 P=190.6 P=191.0 P=190.9 P=190.5 P=190.2 P=190.4 P=189.6 P=189.5 P=189.0 P=189.0 P=189.3 P=189.6 P=189.6 P=189.6 P=189.4
P=188.6 P=188.3
P=188.6 P=188.3
P=187.5
P=186.1 P=185.9 P=185.6 P=185.1
P=185.3
189.13LP
0.50%
(189.36)
189.49 189.93 190.35HP 190.05 189.73 189.66 189.53LP 189.80HP 189.75 189.24 189.19 189.00 188.87 (188.55)
(188.11) 189.62HP 188.86 189.67 189.23LP 189.34
0.38% 0.51%
0.35% 0.35% 0.37% 0.35% 0.35%
(1.00%) 189.58 3.5% 189.33 190.54
24'0.35% 190.28 192.38
24'2.5%
190.01
189.43 0.35%
189.18
189.18 24' 0.50%
189.54
ALLEY 37 24'
188.95 0.35%
188.70 ALLEY 38
188.70 24' 1.00%
189.43
ALLEY 41 24'
188.29 0.35%
187.98 24'
190.00 0.50%
189.64
189.59 24' 2.00%
191.04
189.03 24' 1.00%
189.76 24'
189.33 0.35%
189.08 24'
187.18 0.35%
186.90
1.07% 0.35% 0.35% 0.94%
0.50%
CIVIL ENGINEERS
SURVEYORS
PLANNERS msa
cbg A company
MSA ENGINEERING INC.
1430 BLUE OAKS BLVD. SUITE 110
ROSEVILLE, CA 95747
PHONE: (916) 788-4456
19-020 - SHEET 2 of 3
100 50 0 25
SCALE: 1"=50'
NORTH
CITY OF RANCHO CORDOVA, CALIFORNIA
FEBRUARY 15, 2022
SUNRIDGE VILLAGE 4
TENTATIVE SUBDIVISION MAP
GRADING PLAN
, 2/15/2022 8:47 AM J:\Projects\Sunridge\19-020 Sunridge Village 4\Entitlements\19-020-TM-02.dwg ITEM 10.1.
ATTACHMENT 2
Exhibit A to the Resolution
17'
18'
17' 8"SS 18"SD 8"WM 8"SS
12"WM 12"WM
12"WM
8"SS
12"WM
8"SS 8"SS
12"SD 12"SD 8"SS 18"SD 18"SD
8"SS 8"SS
8"SS 8"WM
8"WM 8"WM
8"WM 8"SS
18"SD8"SS 15"SD 12"SD
12"WM 12"WM 12"WM
8"SS 8"WM 8"SS 12"WM 8"SS 8"WM 8"SS
36"SD 30"SD 36"SD 36"SD
30"SD
42"SD 42"SD
30"SD 15"SD
8"SS 36"SD
18"SD
1 4 5
9 11
10 12
6 7
2 21 20 19 18 17 16
15 14
28 29 22 23 24 25 26 27
37 38 39
36 35
40 34
41 42
33 32
43 44 45
31 30
13 53 52
54 55
51 50 49 48
56 57 58
47 46
60 59
61 62
64 63
65 66
67 71 70 69 68
3 8
72 44 45
LOT D
72' 55' 55'
67' 26'
69'
67' 50' 54' 58' 46'
18' 39' 55'
79' 84' 79' 76' 79' 82'
57' 59' 45' 45'
57' 45' 46' 28'
12' 12' 28' 28'
12' 12' 44' 28'
12'19'
12' 30' 70'
70'
91'
100' 45' 45' 47' 48'
100'
55' 45' 59' 45'
45' 28' 69' 47' 70'
46' 55' 67' 69'
46' 35' 49' 79'
18' 12'
28' 45' 12'
28' 45'
41'
R=20'
R=30'
R=50'
R=50'
R=30'
R=10' R=20' R=20' R=20'
R=10'
R=10'
35' 45' 45' 35' 49' 57'
45' 28' 67'
55' 45' 45' 55' 70' 69' 69' 49' 12' 12'
45' 28' 28' 45' 12' 12'
28' 45'
17'17' 79'67' 57' 59' 81' 45' 12' 12'
45' 28' 57'
55' 45' 67'79' 79' 81' 82' 70'
46' 57'
48' 54' 70'
37' 53'
28' 56' 12' 12'
20'82' 82' 70' 60'
57' 63'
34' 47' 12' 12'
23'
34' 47' 19'
42' 70' 82' 82'
57' 57' 60' 70' 49'
114' 49'
114'
105' 56'
39' 51' 50' 76' 76' 76'
51' 50' 59' 59'
R=25' R=20'
R=15' 51'
R=10'
R=10'
52' 45' 45' 54'
71' 56' 68' 71' 71' 78'90'
17'17' 78'
28' 45' 12' 12'
45' 28' 28' 45' 12' 12'
45' 45' 28' 28' 12' 12'
28' 45' 69'
46' 55' 59' 57' 67' 57' 59'
55' 45' 45' 55' 69' 67' 81' 79' 69' 67' 59' 57' 59'
45' 28' 12' 12' 81'69'
45' 28'
56' 45' 79' 67' 69'
41' 45' 70'
40' 56' 43'
R=10'
CANYONLANDS DRIVE
COBBLE BROOK DRIVE
AURA WAY
DOUGLAS ROAD AUDRIS WAY
67' 27' 28'
8+00CL
8+14.34SD
8"SS 8"SS 8"SS 8"SS 8"SS
8"SS
8"SS
8"SS
8"SS
8"WM 8"WM 8"WM 8"WM 8"WM 8"WM
8"WM 12"SD
12"SD 15"SD 15"SD
8"SS 8"SS 8"SS 8"SS
8"SS
8"SS
8"SS
8"SS
8"SS 8"SS
24' 40'
40'
40'
40' 24'
24'
24' 24' 24' 24' 24' 24' 24' 24' 24'
40' 24'
34' ALLEY 32 ALLEY 30 ALLEY 31
ALLEY 36 ALLEY 35 ALLEY 34
ALLEY 33
ALLEY 37 ALLEY 38 HETCH HECHY DRIVE
ALLEY 41
ALLEY 39
ALLEY 40 AURA WAY
ALLEY 42 HETCH HECHY DRIVE
CIVIL ENGINEERS
SURVEYORS msaPLANNERS
A company cbg
MSA ENGINEERING INC.
1430 BLUE OAKS BLVD. SUITE 110
ROSEVILLE, CA 95747
PHONE: (916) 788-4456
19-020 - SHEET 3 of 3
0 25 50 100
SCALE: 1"=50'
NORTH
J:\Projects\Sunridge\19-020 Sunridge Village 4\Entitlements\19-020-TM-03.dwg, 2/15/2022 8:48 AM
CITY OF RANCHO CORDOVA, CALIFORNIA
FEBRUARY 15, 2022
SUNRIDGE VILLAGE 4
TENTATIVE SUBDIVISION MAP
UTILITY PLAN
ITEM 10.1. ATTACHMENT 2 Exhibit A to the Resolution
CANYONLANDS DRIVE
COBBLE BROOK DRIVE
ALLEY L
ALLEY M
ALLEY H ALLEY I ALLEY J
ALLEY K
ALLEY G ALLEY F ALLEY E
ALLEY D
AURA WAY HETCH HECHY DRIVE AURA WAY
DOUGLAS ROAD ALLEY A ALLEY B ALLEY C AUDRIS WAY HETCH HECHY DRIVE
CIVIL ENGINEERS
SURVEYORS
PLANNERS msa
cbg A company
MSA ENGINEERING INC.
1430 BLUE OAKS BLVD. SUITE 110
ROSEVILLE, CA 95747
PHONE: (916) 788-4456
19-020 - SHEET 1 of 1
CITY OF RANCHO CORDOVA, CALIFORNIA
February 4, 2022
80 40 0 20
SCALE: 1"=40'
NORTH SUNRIDGE VILLAGE 4
Curbing Exhibit for:
, 2/4/2022 3:07 PM J:\Projects\Sunridge\19-020 Sunridge Village 4\Exhibits\CURB EXHIBIT.dwg LEGEND:
PROPOSED VERTICAL CURB & GUTTER
DRIVEWAY CURB CUT *
* * * * * *
*
*
* * * * *
*
* * * *
*
ITEM 10.1.
ATTACHMENT 2
Exhibit A to the Resolution
CANYONLANDS DRIVE
COBBLE BROOK DRIVE
ALLEY M
ALLEY L
ALLEY H ALLEY I ALLEY J ALLEY K
ALLEY G ALLEY F ALLEY E
ALLEY D
AURA WAY HETCH HECHY DRIVE AURA WAY
DOUGLAS ROAD ALLEY A ALLEY B ALLEY C AUDRIS WAY HETCH HECHY DRIVE 1 4 5
9 11
12 10
7 6 2
21 20 19 18 17 16
15 14
28 29
24 25 26 27
22 23
37 38 39
36 35
40 34
41 42
33 32
43 44 45
31 30
13 53 52
54 55
51 50 49 48
56 57 58
47 46
59 60
61 62
64 63
65 66
67 71 70 69 68
3 8
72 SEE DETAIL
42 TRASH ESMT
1' 43
4'
SETBACK
BUILDING
ENVELOPE
3'
BUILDING
DRIVEWAY
1'
TRASH ESMT
ALLEY J
CIVIL ENGINEERS
SURVEYORS msaPLANNERS
A company cbg
MSA ENGINEERING INC.
1430 BLUE OAKS BLVD. SUITE 110
ROSEVILLE, CA 95747
PHONE: (916) 788-4456
19-020 - SHEET 1 of 1
CITY OF RANCHO CORDOVA, CALIFORNIA
January 18, 2022
0 20 40 80
SCALE: 1"=40'
NORTH SUNRIDGE VILLAGE 4
Trash Storage Exhibit for:
J:\Projects\Sunridge\19-020 Sunridge Village 4\Exhibits\Trash Storage Exhibit.dwg, 1/18/2022 2:30 PM Scale: 1' = 10"
TRASH LOCATION DETAIL
ITEM 10.1. ATTACHMENT 2 Exhibit A to the Resolution
CANYONLANDS DRIVE
COBBLE BROOK DRIVE
ALLEY L
ALLEY M
ALLEY H ALLEY I ALLEY J
ALLEY K
ALLEY G ALLEY F ALLEY E
ALLEY D
AURA WAY HETCH HECHY DRIVE AURA WAY
DOUGLAS ROAD ALLEY A ALLEY B ALLEY C AUDRIS WAY HETCH HECHY DRIVE
CIVIL ENGINEERS
SURVEYORS
PLANNERS msa
cbg A company
MSA ENGINEERING INC.
1430 BLUE OAKS BLVD. SUITE 110
ROSEVILLE, CA 95747
PHONE: (916) 788-4456
19-020 - SHEET 1 of 1
CITY OF RANCHO CORDOVA, CALIFORNIA
February 2, 2022
80 40 0 20
SCALE: 1"=40'
NORTH SUNRIDGE VILLAGE 4
Trash Pick-Up Exhibit for:
, 3/11/2022 9:16 AM J:\Projects\Sunridge\19-020 Sunridge Village 4\Exhibits\Trash Pick Up Exhibit SV4.dwg NOTE: POST SIGNS IN PARKING AREAS
ADJACENT TO TRASH PICK-UP
LOCATIONS STATING:
"NO PARKING ON TRASH
COLLECTION DAY" PER CITY
STANDARD.
NO PARKING SIGN AT TRASH PICK-UP:
12" 18"
GRADE 80"
NO
PARKING
6:00AM TO 4:00PM
MONDAY
TRASH PICK-UP
NOT TO SCALE
NO PARKING SIGN
CONSTRUCTION NOTES AND LEGEND:
STREET PARKING SPACE MARKINGS (87 PROVIDED)
INSTALL 12"x18" "NO PARKING 6:00AM TO 4:00PM MONDAY" SIGN.
INSTALL ONE SIGN AT EACH TRASH AND RECYCLE PLACEMENT AREA.
PAINT FACE AND TOP OF CURB WHITE TO DEFINE LIMITS OF TRASH AND RECYCLE CAN PLACEMENT (WHERE SHOWN). EACH AREA TO BE ACCOMPANIED BY NO PARKING ON MONDAY SIGN.
TRASH PICK-UP AREA STRIPING DETAIL: 20' 24'
PARKING SPACE MARKINGS
TOP BACK
OF CURB
8'
FLOW
LINE END SPACE (TYP)
ITEM 10.1.
ATTACHMENT 2
Exhibit A to the Resolution
ALLEY A
ALLEY B
AURA WAY
CANYONLANDS DRIVE
AURA WAY
ALLEY G ALLEY F ALLEY E ALLEY D
ALLEY C
ALLEY H ALLEY I ALLEY J ALLEY K
HETCH HECHY DRIVE
ALLEY L
ALLEY M
COBBLE BROOK DRIVE
DOUGLAS ROAD
PLANT SCHEDULE
MARCH 14, 2022
SUNRIDGE VILLAGE 4
RANCHO CORDOVA, CALIFORNIA
PRELIMINARY STREET TREE PLAN
CRESLEIGH HOMES
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760Sacramento, CA 95816 Fax 916.341.7767 1 OF 3
FUTURE PARK
EXISTING
VILLAGE 1
TREE PLANTING NOTE: · TREES SHALL BE PLANTED AT LEAST 5' CLEAR FROM SERVICE LINES. · TREES SHALL NOT OBSTRUCT VISION AT
INTERSECTIONS OR ALLEYS, PURSUANT TO
SACRAMENTO COUNTY STD. DRAWING
4-18
LAN CAP DS D E
I
T
T E R R ES EG TE E A R CHI NO. 3266
2 OHN H. NIC S OLAU J
RE N 09 -2 -30 S
C
T E N F A A OF L OR A I
C
ITEM 10.1.
ATTACHMENT 2
Exhibit A to the Resolution
1 2
3 4
5 67
7 8
9 10111213
14 15
16 17181920212223
24 25262728
MARCH 14, 2022
SUNRIDGE VILLAGE 4
RANCHO CORDOVA, CALIFORNIA
PROPOSED PLANT MATERIALS
CRESLEIGH HOMES
1* 2 3* 4 5* 6* 7
8 9 10 11 12 13 14
15 16 17 18 19 20 2122 23 24 25 26 27 28
*APPROVED FOR PLANTING IN COUNTY
RIGHTS-OF-WAY AND PUBLIC EASEMENTS
TREES
SHRUBS
GRASSES
PER IMPROVEMENTS STANDARDS, SECTION 4-32
GROUNDCOVER
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760Sacramento, CA 95816 Fax 916.341.7767
SIZESIZESIZESIZE
2 OF 3
LAN CAP DS D E
I
TT E R R ES EG TE E A R CHI NO. 3266
2 OHN H. NIC S OLAU J
RE N 09 -2 -30 S
C
T TE N F A A OF L OR A I
C
ITEM 10.1.
ATTACHMENT 2
Exhibit A to the Resolution
MARCH 14, 2022
SUNRIDGE VILLAGE 4
RANCHO CORDOVA, CALIFORNIA
CONCEPTUAL PRODUCTION LANDSCAPE PLANS
CRESLEIGH HOMES
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760Sacramento, CA 95816 Fax 916.341.7767 3 OF 3
LAN CAP DS D E
I
T
T E R R ES EG TE E A R CHI NO. 3266
2 OHN H. NIC S OLAU J
RE N 09 -2 -30 S
C
T TE N F A A OF L OR A I
C
1. ALL LANDSCAPE AREAS WILL UTILIZE LOW AND MEDIUM WATER USE PLANT MATERIAL AND LIMIT HIGH WATER USE PLANT MATERIAL.
2. ALL SHRUB AND GROUNDCOVER AREAS ARE TO RECEIVE A 3" LAYER OF BARK MULCH. INSTALL WEED CONTROL LAYER IN ALL BARK MULCH AREAS.
3. IRRIGATION DESIGN SHALL COMPLY WITH THE MODEL WATER EFFICIENT LANDSCAPE ORDINANCE.
ALL NECESSARY DOCUMENTATION INCLUDING WATER CALCULATIONS AND CERTIFICATES SHALL BE SUBMITTED WITH THE LANDSCAPE CONSTRUCTION DOCUMENTS FOR REVIEW AND APPROVAL.
4. IRRIGATION SYSTEM WILL CONSIST OF LOW FLOW ROTARY SPRAY NOZZLE TECHNOLOGY, POINT
SOURCE BUBBLERS AND/OR DRIP EMITTERS SYSTEM CONTROLLED BY AN AUTOMATIC IRRIGATION CONTROLLER USING ET DATA SCHEDULING AND RAIN SENSOR SHUT-OFF CAPABILITIES.
5. A PRE-EMERGENT SHALL BE APPLIED IN ALL NON-SEEDED LANDSCAPED AREAS.
6. ROOT BARRIERS SHALL BE INSTALLED FOR ALL TREES PLANTED WITHIN 10' OF PAVING OR HARDSCAPE.
7. A 25% MINIMUM OF ALL PROPOSED TREES ARE REQUIRED TO BE A 24" BOX CONTAINER SIZE.
8. A 30% MINIMUM OF ALL PROPOSED TREES ARE REQUIRED TO BE EVERGREEN.
9. SHRUBS AND OTHER OBSTRUCTIONS SHALL NOT EXCEED 30" ABOVE PAVEMENT GRADE WITHIN CLEAR SIGHT TRIANGLES, PURSUANT TO SACRAMENTO COUNTY STD. DRAWING 4-18.
LANDSCAPE PLAN NOTES
ITEM 10.1.
ATTACHMENT 2
Exhibit A to the Resolution
CORNER WINDOW "PARAPET" BLADE WALL STUCCO WITH REVEAL
STYLE NARRATIVE
Inspired by homes throughout Daly City, the
"SKYLINE" is a contemporary style featuring
low-pitched shed roofs, asymmetric corner
windows, bracket awnings, and all-stucco
facade. Accent stucco areas include an
aluminum channel reveal to create a modern
"paneled look" highlighted with a bright,
playful color palette.
ROOF DETAILS
GABLE + ACCENT SHED ROOF
ROOF PITCH (Main) = 6:12
ROOF PITCH (Shed) = 2:12
EAVE DIMENSION = 24"
RAKE DIMENSION = 6" & 24”
MATERIALS
STUCCO
STUCCO WITH CHANNEL REVEAL
WOOD (OR FOAM) DETAILS
COMPOSITION ROOFING
COLUMNS STEEP PITCH GABLE VERTICAL SIDING
STYLE NARRATIVE
The "PARK MANOR" is a modern
interpretation of the classic farmhouse with a
combination of steep-pitched gables and lowpitched shed roofs. Accent & panel areas feature vertical siding with a rich, natural color
scheme. Metal awnings with corrugated metal
roofing add a contemporary edge and
additional shadow and definition to the
facade.
ROOF DETAILS
SHED + ACCENT GABLE ROOF
ROOF PITCH (Main) = 6:12
ROOF PITCH (Gable) = 12:12
ROOF PITCH (Shed) = 3:12
EAVE DIMENSION = 12” & 24"
RAKE DIMENSION = 12”
MATERIALS
STUCCO
VERTICAL PANEL SIDING (6" Exposure)
METAL DETAILS
COMPOSITION ROOFING
STYLE NARRATIVE
Bold, geometric lines and simple massing
are key elements of the "MAYFAIR" style.
Hip roofs with deep, soffitted overhangs,
large corner windows, accent horizontal
siding and paneling, and modern garage &
entry doors create a fresh look. Bold color
schemes with bright accent colors complete
the style.
ROOF DETAILS
HIP ROOF
ROOF PITCH (Main) = 6:12
EAVE (SOFFIT) DIMENSION = 24"
RAKE DIMENSION = 12"
MATERIALS
STUCCO
HORIZONTAL LAP SIDING (8" Exposure)
HARDIE PANELS WITH TRIM BOARDS
WOOD (OR FOAM) DETAILS
COMPOSITION ROOFING
CORNER WINDOW "PARAPET" BLADE WALL BRACKETS / CORBELS
© 2004 - 2020 JEFFREY DEMURE + ASSOCIATES ARCHITECTS PLANNERS, INC.
SUNRIDGE VILLAGE 4
CITY OF RANCHO CORDOVA, CALIFORNIA
01.18.2022 | PROGRESS SET
5905 GRANITE LAKE DRIVE | GRANITE BAY | CALIFORNIA, 95746 | 916.783.3700 | WWW.JDAARCH.COM JD+A JOB NUMBER: 20086
DATE: 01.18.2022
A0.1
PLAN 1 | “SKYLINE” PLAN 2 | “PARK MANOR” PLAN 3 | “MAYFAIR” PROPERTY LINE PROPERTY LINE SCHEMATIC STREET SCENE + ELEVATION STYLE GUIDE
/Volumes/jdaarch (2)/Shared/02 PROJECTS/CRESLEIGH HOMES/20086 SUNRIDGE V4/01 DESIGN/03 SketchUp/02 Layout/20086_A0_STREET SCENE_24x36L 0 2 4 8
SCALE: 1/4” = 1’-0”
ITEM 10.1. ATTACHMENT 2 Exhibit A to the Resolution
45' 0"
4' 0" 37' 0" 4' 0"
8' 0" 39' 0"
4' 0" 22' 0" 15' 0" 4' 0"
12' 6" 44' 6"
65' 0"
8' 0"
65' 0"
18' 0"
45' 0"
45' 0"
69' 0"
4' 0" 37' 0" 4' 0"
8' 0" 39' 0" 9' 6" 12' 6"
© 2004 - 2020 JEFFREY DEMURE + ASSOCIATES ARCHITECTS PLANNERS, INC.
SUNRIDGE VILLAGE 4
CITY OF RANCHO CORDOVA, CALIFORNIA A1.1
01.19.2022 | PROGRESS SET
5905 GRANITE LAKE DRIVE | GRANITE BAY | CALIFORNIA, 95746 | 916.783.3700 | WWW.JDAARCH.COM JD+A JOB NUMBER: 20086
DATE: 01.19.2022
E.
K.
LOT DIAGRAM
(STREET FRONTAGE LOTS)
2-CAR
GARAGE
208x 213
BR. 3
105x 109
UP
GREAT
151x 246
REF.
P.
DW
POCKET
OFFICE
77x 100
PORCH
UPPER FLOOR
UPPER FLOOR
UPPER FLOOR
794.89 ft²
PROGRAM
STORIES = 2
BEDROOMS = 3
BATHROOMS = 3
GARAGE = 2 - CAR
KITCHEN / GREAT ROOM
LAUNDRY
POCKET OFFICE
AREA CALCS (Building Total)
LIVING (Conditioned) = 1,832.26 SF
GARAGE = 452.38 SF
PORCH / PATIO = 105.25 SF
LOT COVERAGE = 59.8%
SHEET NOTES
UPPER FLOOR AREA MAIN FLOOR AREA
CONDITIONED
SPACE
UNCONDITIONED
SPACE
1037.37 ft²
452.38 ft²
37.5 ft²
(VOLUME
CEILING)
ALTERNATE GREAT ROOM LAYOUT
(ALT. KITCHEN + LIVING LOCATIONS)
GREAT
230x 166
K.
P. REF.
COURTYARD OPTION
(AT ENHANCED ELEVATIONS) COURTYARD
GREAT
SGD
PLAN 1 | SCHEMATIC FIRST FLOOR PLAN - 1,832 SF
/Volumes/jdaarch (2)/Shared/02 PROJECTS/CRESLEIGH HOMES/20086 SUNRIDGE V4/01 DESIGN/03 SketchUp/02 Layout/20086_A1_PLAN 1_24x36L 0 2 4 8
SCALE: 1/4” = 1’-0”
ITEM 10.1. ATTACHMENT 2 Exhibit A to the Resolution
21' 6 1/2"
10' 0"
37' 0"
10' 0"
21' 0" 16' 0"
5' 8 1/2" 33' 3 1/2"
49' 0"
49' 0"
37' 0"
17' 5 1/2"
© 2004 - 2020 JEFFREY DEMURE + ASSOCIATES ARCHITECTS PLANNERS, INC.
SUNRIDGE VILLAGE 4
CITY OF RANCHO CORDOVA, CALIFORNIA A1.2
01.19.2022 | PROGRESS SET
5905 GRANITE LAKE DRIVE | GRANITE BAY | CALIFORNIA, 95746 | 916.783.3700 | WWW.JDAARCH.COM JD+A JOB NUMBER: 20086
DATE: 01.19.2022
OPT. BONUS
(+452 SF)
BR. 2
SUITE
113x 109
DN
PRIMARY
SUITE
129x 166
LINEN
D
W
LAU.
W.I.C.
12 LF
LOW
WALL
OPEN TO
BELOW
794.89 ft²
PROGRAM
STORIES = 2
BEDROOMS = 3
BATHROOMS = 3
GARAGE = 2 - CAR
KITCHEN / GREAT ROOM
LAUNDRY
POCKET OFFICE
AREA CALCS (Building Total)
LIVING (Conditioned) = 1,832.26 SF
GARAGE = 452.38 SF
PORCH / PATIO = 105.25 SF
LOT COVERAGE = 59.8%
SHEET NOTES
UPPER FLOOR AREA MAIN FLOOR AREA
CONDITIONED
SPACE
UNCONDITIONED
SPACE
1037.37 ft²
452.38 ft²
37.5 ft²
PLAN 1 | SCHEMATIC SECOND FLOOR PLAN - 1,832 SF
/Volumes/jdaarch (2)/Shared/02 PROJECTS/CRESLEIGH HOMES/20086 SUNRIDGE V4/01 DESIGN/03 SketchUp/02 Layout/20086_A1_PLAN 1_24x36L 0 2 4 8
SCALE: 1/4” = 1’-0”
ITEM 10.1. ATTACHMENT 2 Exhibit A to the Resolution