ITEM 17.5. ATTACHMENT 3
“Libraries and museums” means public or quasi-public facilities including aquariums, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums, which are generally noncommercial in nature.
“Live-work facility” means a structure or portion of a structure:
1. That combines a commercial or manufacturing activity allowed in the zone with a residential living space for the owner of the commercial or manufacturing business, or the owner’s employee, and that person’s household;
2. Where the resident owner or employee of the business is responsible for the commercial or manufacturing activity performed; and
3. Where the commercial or manufacturing activity conducted takes place subject to a valid business license associated with the premises.
“Low barrier navigation center” means a housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Maintenance and repair, small equipment” means establishments providing on-site repair and accessory sales of supplies for appliances, office machines, home electronic/mechanical equipment, bicycles, tools, or garden equipment, conducted entirely within an enclosed building. This classification does not include maintenance and repair of vehicles.
Manufactured Home. California Health and Safety Code Section 18007 defines a manufactured home as a structure that meets the following criteria:
1. Transportable in one or more sections;
2. When in the traveling mode, is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet;
3. Built on a permanent chassis;
4. Designed to be used as a residential dwelling;
5. Erected with or without a permanent foundation when connected to the required utilities;
6. Includes the plumbing, heating, air conditioning, and electrical systems contained therein.
This term shall include any structure which meets all the requirements of this definition except the size requirements so long as the manufacturer voluntarily files a certification and complies with the standards established under this definition. “Manufactured home” includes a mobile home subject to the National Manufactured Housing Construction and Safety Act of 1974 (42 USC Section 5401 et seq.). “Manufacturing, major” means manufacturing, fabrication, processing, and assembly of materials in a raw form.
Uses in this category typically create greater than usual amounts of smoke, gas, odor, dust, sound, or other objectionable influences that might be obnoxious to persons conducting business on site or on an adjacent site. Uses include but are not limited to batch plants, rendering plants, aggregate processing facilities, and plastics and rubber products manufacturing. Also see “Manufacturing, minor” and “Manufacturing, small scale.” “Manufacturing” shall not mean any uses involving medical or recreational marijuana products. “Manufacturing, minor” means manufacturing, fabrication, processing, and assembly of materials from parts that are already in processed form and that, in their maintenance, assembly, manufacture, or plant operation, do not create excessive amounts of smoke, gas, odor, dust, sound, or other objectionable influences that might be obnoxious to persons conducting business on site or on an adjacent site. Uses include but are not limited to furniture manufacturing and cabinet shops, laundry and dry cleaning plants, metal products fabrication, and food and
ITEM 17.5. ATTACHMENT 3
beverage manufacturing, processing and assembly. Also see “Manufacturing, major” and “Manufacturing, small scale.” “Manufacturing” shall not mean any uses involving medical or recreational marijuana products. “Manufacturing, small scale” means establishments manufacturing and/or assembling small products primarily by hand, including but not limited to jewelry, pottery and other ceramics, as well as small glass and metal art and craft products. This use category also includes minor manufacturing, so long as the activity occurs on a small scale and within spaces less than 20,000 square feet in size. Also see “Manufacturing, major” and “Manufacturing, minor.” “Market garden” means the cultivation of fruits, vegetables, flowers, fiber, nuts, or seeds that involves the sale or donation of its produce to the public to the public located outside of agricultural zoning districts. “Massage parlor” means an establishment where customers can receive a massage. “Medical marijuana dispensary” means (1) any facility, building, structure, delivery service, vehicle or location, whether fixed or mobile, where a primary caregiver makes available, sells, transmits, gives or otherwise provides medical marijuana (cannabis) to two or more of the following: a qualified patient or a person with an identification card, or a primary caregiver, in strict accordance with California Health and Safety Code Section 11362.5 et seq.; or (2) any facility, building, structure, delivery service, vehicle or location, whether fixed or mobile, where qualified patients and/or persons with identification cards and/or primary caregivers meet or congregate in order to collectively or cooperatively distribute, sell, dispense, transmit, process, deliver, exchange or give away marijuana for medicinal purposes pursuant to California Health and Safety Code Section 11362.5 et seq. and such group is organized as a medical marijuana cooperative or collective as set forth in the Attorney General Guidelines; or (3) any facility, building, structure, vehicle or location, whether fixed or mobile, where medical marijuana, medical marijuana products, or devices for the use of medical marijuana or medical marijuana products are offered, either individually or in any combination, for retail sale, including an establishment that delivers medical marijuana and medical marijuana products as part of a retail sale. The terms “primary caregiver,” “qualified patient,” and “person with an identification card” shall be as defined in California Health and Safety Code Section 11362.5 et seq.
The terms “primary caregiver,” “qualified patient,” and “person with an identification card” shall be as defined in California Health and Safety Code Section 11362.5 et seq.
A “medical marijuana dispensary” shall not include the following uses, as long as the location of such uses is otherwise regulated by applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code; a health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code; a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter
3.01 of Division 2 of the California Health and Safety Code; a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code; a residential hospice, or a home health agency licensed pursuant to Chapter 8 of the California Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, California Health and Safety Code Section 11362.5 et seq.
“Medical services, extended care” means residential facilities providing nursing and health-related care as a primary use with inpatient beds, such as board and care homes, convalescent and rest homes, extended care facilities, and skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under “Residential care home.”
“Medical services, general” means facilities primarily engaged in providing outpatient medical, mental health, surgical, and other personal health services, but which are separate from hospitals, including medical and dental laboratories, medical, dental and psychiatric offices, outpatient care facilities, and other allied health services.
Counseling services by other than medical doctors or psychiatrists are included under “Offices.” “Medical services, hospitals” means hospitals and similar facilities engaged primarily in providing diagnostic services and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on-site accessory clinics and laboratories, accessory retail uses (see the separate definition of “Retail, accessory”), and emergency heliports.
ITEM 17.5. ATTACHMENT 3
“Mobile home” means a transportable structure which is built on a permanent chassis and designed as a dwelling when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein (California Health and Safety Code Sections 18007 and 18008). A mobile home is included in the definition of “Manufactured home,” and the minimum dimensions for a mobile home are eight feet wide, 40 feet long, and a total area of 320 square feet.
“Mobile home park” means a residential facility arranged or equipped for the accommodation of two or more mobile homes, with spaces for such mobile homes available for rent, lease, or purchase, and providing utility services and other facilities either separately or in common to mobile home spaces therein. “Mobile home park” means any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes. “Mobile/manufactured home” means a trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including a recreational vehicle, commercial coach, or factory-built (modular) housing (single-family dwelling). A mobile home on a permanent foundation is included under the definition of single-family dwellings. “Mortuaries and funeral homes” means funeral homes and parlors, where the deceased are prepared for burial or cremation and funeral services may be conducted.
“Neighborhood market” means a pedestrian-oriented grocery/specialty market store offering food products packaged for preparation and consumption away from the site of the store and oriented to the daily shopping needs of surrounding residential areas. Neighborhood markets are more than 5,000 square feet and less than 15,000 square feet in size and operate less than 18 hours per day. For larger stores, see “Grocery store/supermarket.” Neighborhood markets may include deli or beverage tasting facilities that are ancillary to the market/grocery portion of the use.
“Offices, accessory” means offices that are incidental and accessory to another business or sales activity that is the primary use (part of the same tenant space or integrated development). The qualification criteria for this definition is that the floor area of the accessory office use shall not exceed 50 percent of the total net habitable or leaseable floor area of the tenant space for a single-use development or the combined floor area of an integrated development for a mixed-use project.
Offices, Business and Professional. This use listing includes offices of administrative businesses providing direct services to consumers (e.g., insurance companies, utility companies), government agency and service facilities (e.g., post office, civic center), professional offices (e.g., accounting, attorneys, employment, public relations), and offices engaged in the production of intellectual property (e.g., advertising, architectural, computer programming, photography studios). This use does not include medical offices (see “Medical services”), temporary offices (see Chapter 23.922 RCMC, Temporary Uses), or offices that are incidental and accessory to another business or sales activity that is the primary use (see “Offices, accessory”). Outdoor storage of materials is prohibited. “Outdoor commercial recreation” means facilities for various outdoor participant sports and types of recreation where a fee is charged for use (e.g., amphitheaters, amusement and theme parks, golf driving ranges, health and athletic clubs with outdoor facilities, miniature golf courses, skateboard parks, stadiums and coliseums, swim and tennis clubs, water slides, zoos).
“Park and ride facility” means a designated area where a vehicle may be left in order to carpool with other commuters or to ride public transit.
“Parking facility” means a parking lot or parking structure used for parking motor vehicles where the facility is the primary use of the site. Parking structures and lots that are developed in conjunction with another primary use of the site to satisfy the on-site parking requirements for the development are not included in this definition.
ITEM 17.5. ATTACHMENT 3
“Parks and public plazas” means public parks including playgrounds and athletic fields/courts and public plazas and outdoor gathering places for community use. If privately owned and restricted to the public (e.g., require payment of fee), the same facilities are included under the definition of “Outdoor commercial recreation.” “Pawnshop” means, consistent with RCMC 4.30.010, any room, store, building, or other place in which the business of pawn brokering, or the business of lending money upon personal property, pawns or pledges, or the business of purchasing articles from vendors or their assignees at prices agreed upon at or before the time of such purchase is engaged in, carried on, or conducted.
“Personal services” means establishments providing nonmedical services as a primary use, including, but not limited to, barber and beauty shops, permanent makeup application, clothing rental, dry cleaning pick-up stores with limited equipment, home electronics and small appliance repair, laundromats (self-service laundries), shoe repair shops, and tailors. These uses may also include accessory retail sales of products related to the services provided, spas and hot tubs for rent, and tanning salons.
“Printing and publishing” means establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying, and other establishments serving the printing trade including bookbinding, typesetting, engraving, photoengraving, and electrotyping. This use also includes establishments that publish newspapers, books, and periodicals, and establishments manufacturing business forms and binding devices.
Does not include “quick printing” services or desktop publishing, which are included in “Business support services.” “Private garden” means a private food-producing garden located in the front, side, or rear yard, courtyard, balcony, fence, wall, window sill or basement that is accessory to the primary use of a site. This definition does not include incidental fruit and vegetable plants as part of an ornamental garden for individual, rather than resale, use. “Private smokers’ lounges” or “smokers’ lounges” means any enclosed or unenclosed area within or attached to a retail or wholesale tobacco store or smoke shop that is dedicated, in whole or in part, to the use of tobacco or ecigarette products, including but not limited to cigarettes, cigars, pipes, hookahs, e-cigarettes, hookah pens, ehookahs, or vape pipes or pens. Such area need not be separated from the main floor area of the retail establishment. “Public safety facility” means a facility operated by public agencies including fire stations, other fire prevention and firefighting facilities, and police and sheriff substations and headquarters, including interim incarceration facilities. “Recreational vehicle park” means a site where one or more lots are used, or are intended to be used, by campers with recreational vehicles or tents. Recreational vehicle parks may include public restrooms, water, sewer, and electric hookups to each lot and are intended as a higher density, more intensively developed use than campgrounds.
May include accessory retail uses where they are clearly incidental and intended to serve RV park patrons only. “Recycling facility – collection” means a recycling facility used for the acceptance by donation, redemption, or purchase of recyclable materials from the public that does not occupy more than 500 square feet. This classification may include a mobile unit, kiosk-type units that may include permanent structures, and unattended containers placed for the donation of recyclable materials. This also includes so-called “reverse vending machines,” an automated mechanical device that accepts one or more types of empty beverage containers including, but not limited to, aluminum cans, glass bottles and plastic bottles, and issues a cash refund or a redeemable credit slip with value of not less than the container’s redemption value as determined by the state. “Recycling facility – processing” means a recycling facility located in a building or enclosed space and used for the collection and processing of recyclable materials. “Processing” means the preparation of material for efficient shipment or to an end user’s specifications by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Collection of recycling materials as the sole activity is included in the definition of “Recycling facility – collection.” “Recycling facility – scrap and dismantling” means uses engaged in the assembling, breaking up, sorting, temporary storage, and distribution of recyclable or reusable scrap and waste materials. This use does not include landfills or other terminal waste disposal sites. Also see “Auto vehicle dismantling” for related use for automobiles. Collection of recycling materials as the sole activity is included in the definition of “Recycling facility – collection.”
ITEM 17.5. ATTACHMENT 3
“Religious institutions” means facilities operated by religious organizations for worship or the promotion of religious activities (e.g., churches, mosques, synagogues, temples) and accessory uses on the same site (e.g., living quarters for ministers and staff, child day care facilities which were authorized in conjunction with the primary use).
Other establishments maintained by religious organizations, such as full-time educational institutions, hospitals, and other potentially related operations (e.g., recreational camp), are classified according to their respective activities. “Research and development” means indoor facilities for scientific research, and the design, development, and testing of electrical, electronic, magnetic, optical, and mechanical components in advance of product manufacturing, that are not associated with a manufacturing facility on the same site. Includes but is not limited to chemical and biotechnology research and development. Does not include computer software companies (see “Offices, business and professional”), soils and other materials testing laboratories (see “Business support services”), or medical laboratories (see “Medical services, general”). Does not include medical or recreational marijuana (cannabis) research facilities.
“Residential care facility” means, consistent with the definitions of state law, a facility that provides 24-hour nonmedical care for more than six persons 18 years of age or older, or emancipated minors, with chronic, lifethreatening illness in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living or for the protection of the individual. This classification includes, but is not limited to, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the state of California.
“Residential care home (large)” means, consistent with the definitions of state law, a home that provides 24-hour nonmedical care for more than six persons 18 years of age or older, or emancipated minors, with chronic, lifethreatening illness in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living or for the protection of the individual. This classification includes, but is not limited to, rest homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the state of California. Convalescent homes, nursing homes, and similar facilities providing medical care are included under the definition of “Medical services, extended care.” “Residential care home (small)” means, consistent with the definitions of state law, a home that provides 24-hour nonmedical care for six or fewer persons 18 years of age or older, or emancipated minors, with chronic, lifethreatening illness in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living or for the protection of the individual. This classification includes, but is not limited to, rest homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the state of California. Convalescent homes, nursing homes, and similar facilities providing medical care are included under the definition of “Medical services, extended care.” “Resource protection and restoration” means activities and management of an area to preserve, re-create, and enhance natural resource values such as fish and wildlife habitat, rare and endangered plants, vernal pools, erosion control, and floodwater conveyance.
“Resource-related recreation” means facilities related to passive recreation in open space areas including bicycle and pedestrian trails, picnic areas, parking areas, and interpretive centers. “Restaurant” means a retail business selling food and beverages prepared and/or served on the site, for on- or offpremises consumption. Includes eating establishments where customers are served from a walk-up ordering counter for either on- or off-premises consumption and establishments where most customers are served food at tables for on-premises consumption, but may include providing food for take-out. Also includes coffee houses and accessory cafeterias as part of office and industrial uses.
“Retail, accessory” means the retail sales of various products (including food service) in a store or similar facility that is located within a health care, hotel, office, or industrial complex. These uses include but are not limited to pharmacies, gift shops, and food service establishments within hospitals, and convenience stores and food service establishments within hotel, office, and industrial complexes. This use category also includes retail associated with industrial uses for the products sold, distributed, or manufactured on site. The permitted retail area of the accessory use is based on the total square footage of the tenant space of a single-use development or the combined floor area of an integrated development in a mixed-use project.
ITEM 17.5. ATTACHMENT 3
“Retail, general” means stores and shops selling multiple lines of merchandise. These stores and lines of merchandise include but are not limited to art galleries, bakeries (all production in support of on-site sales), clothing and accessories, collectibles, department stores, drug and discount stores, dry goods, fabrics and sewing supplies, florists and houseplant stores (indoor sales only; outdoor sales are plant nurseries and included in the definition of “Garden center/plant nursery”), furniture, home furnishings and equipment, general stores, gift shops, hardware, hobby materials, musical instruments, parts and accessories, newsstands, pet supplies, specialty shops, sporting goods and equipment, stationery, and variety stores.
“Retail, warehouse club” means retail stores that emphasize the packaging and sale of products in large quantities or volumes, some at discounted prices. Sites and buildings are usually large and industrial in character. Patrons may be required to pay membership fees.
“Schools, private and special/studio” includes private educational institutions (e.g., boarding schools, business, secretarial and vocational schools, colleges and universities, establishments providing for courses by mail or online), and special schools/studios (e.g., art, ballet and other dance, computers and electronics, drama, driver education, language, music, photography). This also includes dormitories as an accessory use to a private school. Also includes facilities, institutions, and conference centers that offer specialized programs in personal growth and development (e.g., fitness training studios, gymnastics instruction, and aerobics and gymnastics studios, environmental awareness, arts, communications, management). Also see “Indoor fitness and sports facilities.” “Schools, public” means public educational institutions such as community colleges, universities, elementary schools, middle/junior high schools, high schools, and military academies. This also includes dormitories as an accessory use to a public school.
“Service station” means a retail business selling gasoline or other motor vehicle fuels, which may include a convenience store and/or self service car wash. Vehicle services which are incidental to fuel and car wash services are included under “Vehicle services – minor.”
“Sexually oriented business” means adult bookstores, adult motion picture theaters, adult live theaters, adult video stores, or any establishment that consists of a combination of such uses. An adult bookstore is a building or a portion thereof used by an establishment either (1) where 25 percent or more of the floor space of the area of the building open to the public, and actually used for the display of books, magazines, or other publications, is devoted to the sale of books, magazines, or other publications which are distinguished or characterized by their emphasis on matters explicitly depicting, describing, or relating to specified sexual activities as defined in RCMC 23.1104.070 and which, because of their sexually explicit nature, may, pursuant to state law or county regulatory authority, be offered only to persons over the age of 18; or (2) where 25 percent or more of the total number of books, magazines, or other publications offered for sale to the public consist of books, magazines, or other publications which are distinguished or characterized by their emphasis on matters explicitly depicting, describing, or relating to specified sexual activities as defined in RCMC 23.1104.070 and which, because of their sexually explicit nature, may, pursuant to state law or county regulatory authority, be offered only to persons over the age of 18. An adult motion picture theater is a building or portion thereof or an area, open or enclosed, which regularly features motion pictures distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities as defined in RCMC 23.1104.070 or specified anatomical areas as defined in RCMC 23.1104.070. An adult live theater is a building or portion thereof or an area, open or enclosed, which regularly features live performances distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities as defined in RCMC 23.1104.070 or specified anatomical areas as defined in RCMC 23.1104.070 for observation by patrons or customers. An adult video store is a building or portion thereof used by an establishment either (1) where 25 percent or more of the floor space of the area of the building open to the public, and actually used for the display of videos, is devoted to the sale or rental of videos which are distinguished or characterized by their emphasis on matters explicitly depicting, describing, or relating to specified sexual activities as defined in RCMC 23.1104.070, and which, because of their sexually explicit nature, may, pursuant to state law or county regulatory authority, be offered only to persons over the age of 18; or (2) where 25 percent or more of the total number of videos offered for sale or rental to the public consist of videos which are distinguished or characterized by their emphasis on matters explicitly depicting, describing, or relating to specified sexual activities as defined in RCMC 23.1104.070, and which, because of their sexually explicit nature, may, pursuant to state law or county regulatory authority, be offered only to persons over the age of 18.
ITEM 17.5. ATTACHMENT 3
“Single room occupancy (SRO) facilities” means multi-unit housing for very low income persons that typically consists of a single room and shared bath and also may include a shared common kitchen and common activity area.
SROs may be restricted to seniors or be available to persons of all ages. Subsidized versions may be supervised by a government housing agency.
“Smoke shop” means an establishment selling smoking, drug, and/or traditional or electronic tobacco paraphernalia or products where 15 percent or more of the total floor or shelf area is devoted to selling tobacco products (as defined in RCMC 4.07.030). Limited sales of tobacco products that commonly occur within convenience stores or service stations are not included in this definition. Smoking, as defined in RCMC 6.84.020(S), shall be prohibited within all smoke shops, unless the establishment has been formally permitted to operate a private smokers’ lounge under applicable state and local laws.
“Storage, personal storage facility” means a structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand. “Storage, warehouse” means a facility for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include warehouse, storage, or mini-storage facilities offered for rent or lease to the general public (see “Storage, personal storage facility”) or warehouse facilities in which the primary purpose of storage is for wholesaling and distribution (see “Wholesaling and distribution”). “Storage, yards” means the storage of various materials outside of a structure other than fencing, either as an accessory or principal use.
“Supportive housing” means a combination of affordable housing and services. Supportive housing is typically for individuals and families confronted with homelessness and who also have very low incomes and/or serious life challenges. Supportive housing can be coupled with such social services as job training, life skills training, alcohol and drug abuse programs, and case management to populations in need of assistance, including the developmentally disabled, those suffering from dementia, including Alzheimer’s disease, and the frail elderly. “Target population” means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
“Tasting room, off-site” means a facility allowing beer, wine, or spirits tasting with on-site and off-site retail sales directly to the public (or shipped). The tasting room facility must be directly affiliated with a minimum of one brewery, winery, or distillery, meeting all applicable requirements of state and federal licensure. The tasting room may be operated as a standalone retail use. Food preparation is not permitted. Prepackaged foods may be sold on premises. Patrons may carry food on site for personal consumption. Tasting rooms must comply with the retail hours of operation of 10:00 a.m. to 11:00 p.m. On-site tasting rooms are included as an accessory use in “Brewery, winery, distillery.” Any facilities not operating with these standards are considered “Bars and nightclubs.” “Tattoo parlor” means any establishment that engages in the business of tattooing and/or branding human beings. “Telecommunication facility” means a facility designed and/or used for the purpose of transmitting, receiving, or relaying voice and/or data signals from various wireless communication devices, including a transmission tower, antenna, and/or other facility designed or used for that purpose. Amateur radio transmission facilities, facilities operated exclusively as part of a public safety network, and facilities used exclusively for the transmission of television and/or radio broadcasts are not telecommunication facilities. “Theaters and auditoriums” means indoor facilities for public assembly and group entertainment, other than sporting events (e.g., civic theaters, facilities for “live” theater and concerts, exhibition and convention halls, motion picture theaters, auditoriums). Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events; see “Outdoor commercial recreation.”
ITEM 17.5. ATTACHMENT 3
“Thrift store” means a retail establishment selling secondhand goods donated by members of the public. “Trade school” means a type of higher learning school that focuses on job skill training rather than academics in the liberal arts. Trade schools focus on a particular set of skills that are taught to students looking to enter a certain career field. These schools help to train workers to perform the tasks needed to work in certain fields, and they usually do it in a shorter period of time than traditional universities. “Transit facilities” means maintenance and service centers for the vehicles operated in a mass transportation system.
Includes buses, taxis, railways, etc.
“Transit stations and terminals” means passenger stations for vehicular and rail mass transit systems. “Transitional housing” means housing that has a predetermined end point in time and operated under a program which provides supportive services to assist in finding and keeping permanent housing. The program length is typically no less than six months.
“Urban agriculture” means the production of food in a form and scale that is appropriate for the urban context.
Urban agriculture includes: market garden, private community garden, public community garden, private garden, and aquaculture.
“Urban agriculture stand” means a temporary produce stand that is accessory to an urban agriculture use. “Utility facilities and infrastructure” includes the following:
1. Fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091: electrical substations and switching stations, natural gas regulating and distribution facilities, public water system wells, treatment plants and storage, telephone switching facilities, wastewater treatment plants, settling ponds and disposal fields. These uses do not include office or customer service centers (classified in “Offices”) or equipment and material storage yards.
2. Pipelines for potable water, reclaimed water, natural gas, and sewage collection and disposal, and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television, and other communications transmission facilities utilizing direct physical conduits.
“Vehicle services – major” means the repair, alteration, restoration, towing, painting, cleaning (e.g., self-service and attended car washes), or finishing of automobiles, trucks, recreational vehicles, boats, and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes major repair and body work repair facilities dealing with entire vehicles; such establishments typically provide towing, collision repair, other body work, and painting services and may also include tire recapping establishments. “Vehicle services – minor” means minor facilities that specialize in limited aspects of repair and maintenance (e.g., muffler and radiator shops, quick-lube, smog check). Does not include repair shops that are part of a vehicle dealership on the same site (see “Auto and vehicle sales”) or automobile dismantling yards, which are included under “Recycling facility – scrap and dismantling.”
“Veterinary facility” means a veterinary facility that is primarily enclosed, containing only enough cage arrangements as necessary to provide services for domestic and exotic animals requiring acute medical or surgical care with accessory outdoor use that provides long-term medical care. Grooming and boarding of animals is allowed only if accessory to the facility use.
“Wholesaling and distribution” means establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as agents, merchandise or commodity brokers, and commission merchants, assemblers, buyers and associations engaged in the cooperative marketing of farm products, merchant wholesalers, and stores primarily selling electrical,
ITEM 17.5. ATTACHMENT 3
plumbing, heating and air conditioning supplies and equipment. [Ord. 1-2022 § 3 (Exh. A); Ord. 8-2021 § 3 (Exh.
A); Ord. 1-2021 § 3 (Exh. A); Ord. 3-2019 § 5 (Exh. A); Ord. 15-2018 § 4 (Exh. A); Ord. 4-2018 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 1-2016 § 6; Ord. 8-2015 § 4 (Exh. B); Ord. 13-2014 § 7; Ord. 15-2013 § 3; Ord. 13-2013 § 4 (Exh. B); Ord. 17-2013 § 3; Ord. 12-2011 § 3 (Exh. A); Ord. 7-2010 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A §
10.1.020). Formerly 23.1101.020].
ITEM 17.5. ATTACHMENT 3
Folsom Boulevard
Specific Plan
Amendments
ITEM 17.5. ATTACHMENT 3
Chapter 2
Land Use Plan dna Allowed Uses
***
Permitted use provisions are symbolized in Tables 2-1 and 2-2 as follows:
P = land use permitted by right
A = land use permitted with approval
of and Administrative Use Permit
L = land use permitted with approval
of a Limited Use Permit
C = land use permitted with
approval of a Conditional Use Permit
N = land use not permitted
Table 2-1 Use Table for Medium
and High Density Residential Classifications
FBSP Land Use
Designations Land Use Classifications
FB-MDR FB-HDR
Residential Use Listings
Child Day Care Facility C C
Caretaker Housing N P
Day Care Home (Adult Day Care, Family Day Care
(Small), and Residential Care) P P
Dwelling, Multifamily P
1 P1
Dwelling, Second Unit P
2 N
Dwelling, Single-Family P
1 AL1
Dwelling, Two-Family P
1 AL1
Family Day Care Home, Large C C
Home Occupation P P
Live-Work Facility P
1 P1
Community Service Use Listings
Club, Lodge, Private Meeting Hall AL N
Community Center AL N
Community Garden AL N
ITEM 17.5. ATTACHMENT 3
FBSP Land Use
Designations Land Use Classifications
FB-MDR FB-HDR
Library, Museum P N
Park, Public Plaza P P
Public Safety Facility P P
Religious Institution P N
School – Public P P
School – Private, Special/Studio P N
Utility, Transportation, and Communication Use Listings Telecommunications Facility AL3 AL3
Utility Facility or Infrastructure AL4 AL4
Retail, Service, and Office Listings
Bed and Breakfast AL AL
Medical Services – Extended Care C N
Notes:
1. For allowed density range, see development standards listed in Chapters 4 (Development Standards) and 5 (Opportunity Sites).
2. Second dwelling units shall be consistent with development standards listed in the City’s Zoning Code.
3. Subject to the provisions of the Telecommunications Facility section of the City’s Zoning Code (23.907.020).
4. Subject to the provisions of the Utility, Facilities, and Infrastructure section of the City’s Zoning Code (23.907.030).
Table 2-2 Use Table for Mixed Use Classifications
FBSP Land Use Designations
Land Use Classifications
FB-RMU FB-CMU FB-OIMU
Residential Use Listings
Child Day Care Facility P C C
Caretaker Housing P P P
Day Care Home (Adult Day Care, Family Day Care
(Small), and Residential Care) P N N
Dwelling, Multifamily P
1 P1 N
Emergency Shelter P N P
Family Day Care Home, Large C N N
ITEM 17.5. ATTACHMENT 3
FBSP Land Use Designations
Land Use Classifications
FB-RMU FB-CMU FB-OIMU
Live-Work Facility P
1 P1 P
Community Service Use Listings
Club, Lodge, Private Meeting Hall P
2 P P
Community Center P P A
Community Garden P A A
Indoor Amusement/Entertainment C2 P P
Indoor Fitness and Sports Facility C2 P A
Library, Museum P
2 P P
Outdoor Commercial Recreation A A P
Park, Public Plaza P
2 P A
Public Safety Facility P
2 P P
Religious Institution P
2 P P
School – Public P
2 P P
School – Private, Special/Studio P
2 P P
Theatre, Auditorium C2 P P
Utility, Transportation, and Communication Use Listings Heliport N C C
Park-and-Ride Facility N P P
Telecommunications Facility AL2, 3 AL3 P
3 Transit Station or Terminal N P P
Utility Facility or Infrastructure AL2, 4, LA4 LA4
Retail, Service, and Office Listings
Alcoholic Beverage Sales N C C
Artisan Shop LA P P
Artisanal and Specialty Manufacture, Display and
Sales N P P
Art, Antique, Collectable LA P P
Bail Bonds N N N
Bank, Financial Services P
2 P P
Bar, Nightclub C6, 2 C5 C5
Bed and Breakfast P
2 N N
ITEM 17.5. ATTACHMENT 3
FBSP Land Use Designations
Land Use Classifications
FB-RMU FB-CMU FB-OIMU
Brewery, Winery, Distillery N C C
Brew Pub N P A
Building Material Store and Yard N P
6 AL7
Business Support Services AL7, 8, 2 P P
Drive-In/Drive-Through Sales/Services N C C
Event and Office Equipment Sales and Rental N P
7 P7
Grocery store/supermarket N P AL
Home Improvement Supplies AL2 AL2 P
9 Hotel/Motel C2 P C
Kennel N C AL
Medical Services – Extended Care P
2 C C
Medical Services – General P
2 P P
Medical Services – Hospital P
2 P P
Neighborhood market AL2 P C
Office – Business and Professional AL2, P P
Office – Accessory P
2 P P
Personal Services P
2, 8 P P
Restaurant AL2 P AL2
Retail – Accessory AL2 P P
Retail – General AL2, 9 P P
Tasting Room, Off-site N P P
Veterinary Facility N P P
Automotive and Vehicle Use Listings
Auto Parts Sales N P
9 N
Auto/Vehicle Retail Sales/Rental N C N
Car Wash and Detailing N C10 N
Service Station N C N
Vehicle Services – Minor N C10 A
Industrial, Manufacturing, and Processing Use Listings
Manufacturing – Minor N P P
ITEM 17.5. ATTACHMENT 3
FBSP Land Use Designations
Land Use Classifications
FB-RMU FB-CMU FB-OIMU
Manufacturing – Small-Scale N P P
Printing and Publishing N C P
10 Research and Development N P P
Storage, Personal N N C
Storage, Warehouse N P P
Wholesaling and distribution N A P
Special Regulated Uses
Bingo Parlor N N P
Card Room N N N
Check Cashing Business N N N
Massage Parlor N N N
Pawnshop N N N
Recycling Facility, Collection Facility N N C
Sexually Oriented Business N N N
Smoke Shop N N N
Tattoo Parlor N N N
Thrift Store N N N
Notes:
1. See the density allowance in the development standards for the corresponding land use designation as listed in Chapters 4 (Development Standards) and 5 (Opportunity Sites).
2. Limited to less than 50 percent of the gross floor area of the integrated development as a secondary use only. See exception for vertical mixed use in the FB-CMU as outlined in Chapter 5 (Development Standards).
3. Subject to the provisions of the Telecommunications Facility section of the City’s Zoning Code (23.907.020).
4. Subject to the provisions of the Utility, Facilities, and Infrastructure section of the City’s Zoning Code (23.907.030).
5. In an effort to add retail vibrancy, formalize display opportunities, and create a free flow of sales interaction along Folsom Boulevard, the minimum amount of interior sales and display space shall be 25% located to maximize public accessibility.
6. All forms of speaker amplification exterior to the building shall be prohibited unless authorized in project approval.
7. All activities shall occur within a completely enclosed building or screened from view behind a fence or wall.
8. Maximum gross floor area is less than 5,000 square feet.
9. All activity and storage must be located within an enclosed structure.
10. No portion of the use shall be located within 500 feet of an intersection within the FB-CMU district.
11. Bingo Parlors are regulated by RCMC Chapter 4.28. The City has a limit of no more than two (2) Bingo Parlors in the City limits at any given time.
ITEM 17.5. ATTACHMENT 3
***
Chapter 8
Glossary
***
B. Use Classifications
***
Artisanal and Specialty Manufacture, Display and Sales. The manufacture, display and sales of specialty food and goods requiring the transformation of raw materials into products that may be edible, useful or decorative. Outdoor display, sales and consumption on premises may be included subject to zoning and accessibility requirements, and any other applicable state or local regulations such as, but not limited to, the California Uniform Food Facilities Law (CURFFL).
This listing includes craft breweries, small scale winery production facilities, and craft distilleries. Such facilities manufacture alcoholic beverages with an annual production of less than 60,000 barrels of beer or 60,000 gallons of wine or spirits respectively.
Incidental to the manufacturing process, a tasting area not to exceed 50% of the floor area is allowed Tasting rooms must comply with retail hours of operation from 10:00 AM to 10:00 PM. Tasting shall follow all guidelines established and enforced by Alcoholic Beverage Control (ABC). All manufacturing activities occur within a completely enclosed building or in an outdoor work area screened from view. Off-site sales of alcoholic beverages are allowed at this facility consistent with regulations of ABC licensure. Prior to occupancy, all craft breweries, wineries, or distilleries shall provide evidence of acquisition of all required state and federal permits. See also “Tasting Room, Off-site”.
***
Brewery, Winery, Distillery. A facility where specific alcoholic beverages are manufactured., with an annual production of more than 60,000 barrels of beer or 60,000 gallons of wine or spirits per year. Incidental to the manufacturing process, a tasting area not to exceed 50% of the overall floor area is allowed A tasting room is permissible as part of the on-site manufacturing of alcoholic beverages for athe brewery, winery or distillery that has been licensed by Alcoholic Beverage Control. Tasting rooms must comply with retail hours of operation from 10:00 AM to 10:00 PM. Tasting shall follow all guidelines established and enforced by Alcoholic Beverage Control (ABC). All manufacturing activities occur within a completely enclosed building or in an outdoor work area screened from view. Off-site sales of alcoholic beverages are allowed at this facility consistent with ABC licensure. Prior to occupancy, all craft breweries, wineries, or distilleries shall provide evidence of acquisition of all required state and federal permits. ***
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 17.6.
DATE: July 18, 2022
TO: Honorable Mayor and Council Members
FROM: Elizabeth Sparkman, Community Development Director Dalia Fadl, Principal Engineer
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 SUNDANCE PROJECT
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would declare the results of the property owner's protest and, if there exists less than a majority protest, authorize the mailing of a ballot to the property owner to approve the levy of the fee to pay for maintenance of storm drainage and flood protection systems for the Sundance project. The action also sets 1:30 p.m. on August 16, 2022 in the office of the City Clerk, as the time and date for the ballot tabulation for the matter.
BACKGROUND
The Sundance project has a condition of approval which requires funding for operation and maintenance of the storm drainage system. This condition will be satisfied by the participation in the new Stormwater Utility Fee for storm drainage and flood protection services which is the subject of tonight’s action.
The property owner of the Sundance project has requested the City annex the project to the City’s Stormwater Utility Fee pursuant to the California Health and Safety Code Section 5471 et seq. to provide the method of financing for storm drainage and flood protection services required to meet the condition.
On June 20, 2022, Council adopted a resolution which established Procedures for the Conduct of a Protest Hearing and Balloting Relating to a Stormwater Utility Fee (the “Procedures”) and designated July 18, 2022, at 5:30 p.m. as the time and place for hearing protests in connection with the annual Stormwater Utility Fee for the Sundance project.
DISCUSSION
City Council Staff Report - Page 2 of 2
The property owner has submitted a petition and waiver for the City to institute the proceedings to participate in the Stormwater Utility Fee. This annexation to the Stormwater Utility Fee will include the project generally known as the Sundance project, see Attachment 2. The maintenance services to be funded include the furnishing of services and materials for the ordinary and usual operation, maintenance, and servicing of the storm drain and flood protection systems.
Attachment 1 is the Resolution declaring the results of the property owner protest and authorizing the mailing of the property owner ballot, as required by Article XIII D of the California Constitution (also known as Proposition 218). The Resolution sets forth the tabulation of ballots on August 16, 2022, at 1:30 p.m. in the office of the City Clerk. The results of the mailed ballot election will be presented to City Council at their regularly scheduled meeting September 6, 2022, and additional actions will be recommended based on the ballot results.
A “Rate Analysis Report” was approved by City Council on September 4, 2014, by Resolution 103-2014 setting Fiscal Year 2014/2015 maximum annual Stormwater Utility Fee amount for each parcel proportionate to the estimated stormwater runoff for each parcel, see Attachment
3. The maximum annual fee will increase each subsequent Fiscal Year by the annual change in the Consumer Price Index (CPI), during the preceding year, for All Urban Consumers, for the San Francisco-Oakland-San Jose areas, published by the United States Department of Labor, Bureau of Labor Statistics. A sample of the Stormwater Utility Fees for Fiscal Year 2022-2023 are summarized in Attachment 4.
FISCAL IMPACT AND FUNDING SOURCE
There is no impact to the City’s General Fund. Funds collected by this fee will pay for maintenance of storm drainage and flood protection systems.
ATTACHMENT(S)
1. Resolution
2. Annexation Boundary Map
3. Stormwater (SWU) Rate and Analysis Report
4. Stormwater Utility Fee- Rate Sheet FY22-23
ITEM 17.6. 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, DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST
AND AUTHORIZING THE MAILING OF A PROPERTY OWNER BALLOT RELATING TO THE
IMPOSITION OF AN ANNUAL STORMWATER UTILITY FEE FOR THE SUNDANCE
PROJECT
WHEREAS, this Council has received petitions and waivers from the owners of not less than 100% of the area of land proposed to be annexed into the Stormwater Utility Fee; and WHEREAS, on June 20, 2022, the City Clerk caused a notice of the time and place of the hearing thereon and on the proposed annexation to the Stormwater Utility Fee to be published and such public hearing was opened on July 18, 2022; and
WHEREAS, the Council adopted Resolution 103-2014 approving a written report entitled, "Rate Analysis Report", dated September 4, 2014 (the "Written Report") prepared by Harris & Associates and filed with the City Clerk containing a description of each parcel of real property within the City to which the Stormwater Utility Fee is applicable (collectively, the "Identified Parcels") and the amount of the Stormwater Utility Fee for each such Identified Parcel for Fiscal Year 2014-15. The Written Report is on file in the office of the City Clerk and is available for public inspection; and
WHEREAS, this Council adopted a resolution which established Procedures for the Conduct of a Protest Hearing and Balloting Relating to a Stormwater Utility Fee (the “Procedures”) and set the date of public hearing; and
WHEREAS, this Council has conducted the public hearing and all interested persons have been afforded the opportunity to be heard, and the City Council has considered all protests against the annexation to the Stormwater Utility Fee; and WHEREAS, there was no majority protest of the owner of the Identified Parcel subject to the Proposed Stormwater Utility Fee.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA as follows:
1. The foregoing recitals are true and correct.
2. The City Clerk is hereby authorized and directed to mail a property owner ballot in accordance with law and the Procedures.
3. The date of the ballot tabulation shall be August 16, 2022 at 1:30 pm.
4. The date of the Council Meeting to report the results of the mailed ballot election shall be September 6, 2022 at 5:30 or as soon thereafter as the matter may be heard.
5. The City Council hereby designates Elizabeth Sparkman, Community Development Director,
ITEM 17.6. ATTACHMENT 1
Resolution No. XX-2022 Page 2 of 2
telephone number, (916) 851-8714 to answer inquiries regarding the ballot proceedings and procedural or technical matters.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 18th day of July 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk
DOUGLAS RD
SU
N
RIS
E
B
LVD
CITY OF RANCHO CORDOVA
STORMWATER UTILITY FEE AREA
ANNEXATION 12
(SUNDANCE PROJECT)
!
Legend
Annexation Boundary
Parcel Boundary
APN
067-0030-040
ITEM 17.6. ATTACHMENT 2
Rate Analysis Report
for the
Stormwater Utility Fee
For the
City of Rancho Cordova
August 7, 2014
ITEM 17.6. ATTACHMENT 3
City of Rancho Cordova August 7, 2014
Stormwater Utility Fee
Rate Analysis Report Page 1
Q:\Sacramento\Storm Drain User Fee\Report\rancho cordova drainage fee rpt DRAFT 08.6.14.docx Introduction
The City of Rancho Cordova (City) is detaching from the County of Sacramento fee and is creating their own Stormwater Utility Fee, which is being levied per the California Health and Safety Code Section 5471 et seq.
The purpose of this Rate Analysis Report is to:
Review the Stormwater Utility Fee and improvements to be funded. Review the requirements of Article XIIID of the State Constitution (Proposition 218) relating to requirements for apportioning the costs associated with the City’s stormwater runoff system. Analyze and recommend an appropriate rate structure and provide estimated rates based on cost data information provided by the City.
Proposition 218 Requirements
This fee must comply with the provisions of Article XIIID of the California Constitution (Proposition 218). Section 6 of Proposition 218 has the following requirements for all “new, extended, imposed or increased” fees and charges:
1) “Revenues derived from the fee or charge shall not exceed the funds required to provide the property-related service.”
2) “Revenues derived from the fee or charge shall not be used for any purpose other than that for which the fee or charge was imposed.”
3) “The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership shall not exceed the proportional cost of the service attributable to the parcel.” 4) “No fee or charge may be imposed for a service unless that service is actually used by, or immediately available to, the owner of the property in question. Fees or charges based on potential or future use of service are not permitted. Standby charges, whether characterized as charges or assessments, shall be classified as assessments and shall not be imposed without compliance with [the assessment section of this code].” 5) “No fee or charge may be imposed for general governmental services including, but not limited to, police, fire, ambulance or library services where the service is available to the public at large in substantially the same manner as it is to property owners.” Background Information
In accordance with the Federal Clean Water Act of 1972, the United States Environmental Protection Agency (EPA) is required to establish regulations setting forth National Pollution Discharge Elimination System (NPDES) permit standards. The enactment of 1987 amendments to the Federal Clean Water Act (Act) of 1972 imposes permit requirements for discharge of storm waters. The Act allows the EPA to delegate its NPDES permitting authority to states with an approved environmental regulatory program. The State of California is one of the delegated states.
The responsibility for implementing various NPDES permits in the State of California has been delegated to the State Water Resources Control Board (SWRCB). The SWRCB administers NPDES authority through its nine Regional Boards. As an NPDES permittee, the City is required to manage stormwater pollution within its jurisdiction.
ITEM 17.6. ATTACHMENT 3
City of Rancho Cordova August 7, 2014
Stormwater Utility Fee
Rate Analysis Report Page 2
Q:\Sacramento\Storm Drain User Fee\Report\rancho cordova drainage fee rpt DRAFT 08.6.14.docx In order to provide for the safety of the residents of the City and protect property in the City from the damage associated with flooding and to meet the requirements of the NPDES permit, it is necessary to design, construct, operate, maintain, improve and replace storm drainage facilities which collect storm and surface water runoff and convey and treat such runoff in a safe manner to an acceptable point of discharge. It is also necessary to inspect, monitor, and take enforcement action related to illegal dumping, and illicit discharges. In order to properly fund such facilities and activities, the City has determined that it is necessary to impose on all developing properties in Rancho Cordova a user charge for storm drainage service.
Based on the 2030 General Plan and current specific plan areas, Rancho Cordova is expected to develop as shown in Table 1 below. The proposed boundary for the stormwater utility is shown in Appendix A.
ITEM 17.6. ATTACHMENT 3
City of Rancho Cordova August 7, 2014
Stormwater Utility Fee
Rate Analysis Report Page 3
Q:\Sacramento\Storm Drain User Fee\Report\rancho cordova drainage fee rpt DRAFT 08.6.14.docx Table 1 – Land Use
A more detailed land use table by development area is shown in Appendix D.
This development is expected to require significant stormwater drainage and flood control facilities.
Based on the development area and improvements that were required in four (4) recent developments Land Use/ Zoning Description Total Acres Total Units
Residential:
LDR SF (2.1-6.0 DU/AC) 2,635 13,156
MD (6.1-12 DU/AC) 322 2,524
MDR MD (6.1-18.0 DU/AC) 1,852 13,231
MD (14.0-29.9 DU/AC) 60 885
HDR HD (18.1-40.0 DU/AC) 192 4,372
HD (30+ DU/AC) 30 825
Residential Total 5,090 34,993
Non-Residential:
VC Village Commercial 202
LTC Local Town Center 134
RTC Regional Town Center 172
BP Business Park 158
MP Industrial Park 283
Education:
HS/MS High School/Middle School 356
MS Middle School 20
ES Elementary School 102
Open Space & Public:
CP Community Park 313
P/QP Public/Quasi Public 37
NP Neighborhood Park 194
SWD Storm Water Detention 186
WP Wetland Preserve 745
DP Drainage Parkway 270
PR Private Recreation 63
OS Open Space 168
OS/P Open Space/Preserve 279
LC Landscape Corridors 123
GB Green Belts 54
ROW Right-of-way 596
BR/WP Reservoir / Wetland Preserve 528
S Sewer Lift Station / Utility Substa 14
Vacant (unknown dev plan) 595
Total Non-residential 5,590
Total Residential & Non-Res 10,680
ITEM 17.6. ATTACHMENT 3
City of Rancho Cordova August 7, 2014
Stormwater Utility Fee
Rate Analysis Report Page 4
Q:\Sacramento\Storm Drain User Fee\Report\rancho cordova drainage fee rpt DRAFT 08.6.14.docx within the County of Sacramento, Table 2 summarizes the improvements that are expected once development is complete.
Table 2 – Expected Improvements
Services Funded
Expenditures from the revenue generated from the Stormwater Utility Fee are intended to comply with the requirements set forth in the NPDES permit. The activities and services funded by this fee include, but are not limited to:
1. Administration and oversight of the requirements set forth in the NPDES permit to City departments, developments, and local agencies.
2. Respond to and investigate incidents of illicit discharges and illegal connections to the storm drain system.
3. Periodically inspect facilities for proper handling of materials, chemicals, pollutants, garbage, waste, and debris and prevent any discharges to the storm drain system.
4. Regularly clean and maintain catch basins, the flowline, and storm drainage facilities.
5. Installation and maintenance of water quality devices required to keep pollutants out of the storm drain system.
6. Discourage illegal dumping or discharge of pollutants into the storm drain system by stenciling all City-owned catch basins with a "No Dumping" message.
7. Augment public education and outreach programs in regards to the proper use and function of the storm drainage system and the receiving waters.
Infrastructure Type
Inlets 6,400 LF
Manholes 4,460 LF
66" Pipe 3,950 LF
60" Pipe 10,280 LF
54" Pipe 11,140 LF
48" Pipe 10,210 LF
42" Pipe 28,620 LF
36" Pipe 42,420 LF
30" Pipe 51,050 LF
27" Pipe 540 LF
24" Pipe 91,960 LF
21" Pipe 2,230 LF
18" Pipe 100,300 LF
15" Pipe 101,300 LF
12" Pipe 529,890 0
10" Pipe 4,170 0
Creeks and Channels 80 AC
Basins 320 AC
Quantity
ITEM 17.6. ATTACHMENT 3
City of Rancho Cordova August 7, 2014
Stormwater Utility Fee
Rate Analysis Report Page 5
Q:\Sacramento\Storm Drain User Fee\Report\rancho cordova drainage fee rpt DRAFT 08.6.14.docx
8. Develop programs to promote, publicize, and facilitate public reporting of illicit discharges to the storm drain system.
9. Encourage the proper disposal of household hazardous waste (HHW) to prevent the improper disposal to the storm drain system or to the sewer system.
10. Discourage the improper disposal of litter, garden clippings, leaves, and pet waste into the street or the storm drain system.
11. Capital replacement of storm drainage and flood control improvements at the end of the expected useful life for such improvements.
Rate Structure Analysis
Section 6.b of Article XIIID of the State Constitution (Proposition 218) states that:
“The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership shall not exceed the proportional cost of the service attributable to the parcel.” and
“No fee or charge may be imposed for a service unless that service is actually used by, or immediately available to, the owner of the property in question.” By definition, all properties that shed stormwater into the City’s stormwater drainage system use, or are served by, the City’s stormwater drainage system. The amount of use attributed to each parcel is measurable by the amount of storm runoff contributed by the property, which is directly proportional to the amount of impervious area on a parcel (such as buildings and concrete). The more impervious area on a property, the more storm runoff the property generates, the more demand placed on the storm drain system.
The amount each parcel uses the stormwater drainage system is computed by the following formula:
(Parcel Area) x (Impervious Percentage) = Drainage Units The typical percent impervious (% Impervious) for land uses in the City, have been applied for the purposes of estimating the runoff generated by each property. These are shown in Appendix B.
The more Drainage Units a parcel has, the more storm run-off it generates, and the more it uses and impacts the stormwater drainage system.
It is standard practice to relate other land uses to a developed single family residential (SFR) parcel, instead of working exclusively with drainage units. The median size of a SFR parcel will be approximately 0.16 acre. Therefore, it makes sense to relate all parcels to this median residential property. The runoff from a 0.16-acre SFR parcel is set equal to one Drainage Measurement Unit (DMU) and this base DMU is calculated as follows:
(0.16 acres of area) x 50% = 0.0800 Impervious Area = 1 DMU
ITEM 17.6. ATTACHMENT 3
City of Rancho Cordova August 7, 2014
Stormwater Utility Fee
Rate Analysis Report Page 6
Q:\Sacramento\Storm Drain User Fee\Report\rancho cordova drainage fee rpt DRAFT 08.6.14.docx Single Family Residential Parcels
As a SFR property increases in size over the median parcel size, the typical percentage of impervious area decreases, as shown in Appendix B. Conversely, as a SFR parcel decreases in size below the median parcel size, the typical percentage of impervious area increases, and such increase is typically proportional to the decrease in size. Therefore, SFR properties are separated into five (5) groups.
The median parcel area for each group was used and their DMUs are calculated as follows:
SFR Category DMU/ Formula
SFR1 – SFR parcels 0.16 acres or less 1.00 DMU
SFR2 – SFR parcels 0.17 - 0.25 acres 1.10 DMUs
SFR3 – SFR parcels 0.26 – 0.33 acres 1.175 DMUs
SFR4 – SFR parcels 0.34 – 0.50 acres 1.25 DMUs
SFR5 – SFR parcels greater than 0.50 acres 1.25 + [(acres – 0.50) x 5%] = DMUs
0.0800
Multi-Family Residential Parcels
Multi-Family Residential (MFR) units (including condominiums) are split into categories by the density, or number of dwelling units per acre (DU/Ac) as follows:
MFR Category Density % Impervious
MFR1 - High Density Greater than 18 DU/Ac 75%
MFR 2 - Med Density 10 – 18 DU/Ac 70%
Acreage x %Impervious = DMUs
0.0800
Condominium unit parcel areas are calculated by dividing the total area of the condominium complex (which includes the common area) by the number of condominium units, and the total imperviousness of the entire complex is attributed to each individual condo parcel in the complex. (This divides the runoff of the entire complex to each of the individual units.) Because these condominium common areas are taken into consideration in this manner, they are exempt from the charge.
Non- Residential Parcels
All non-residential parcel DMUs will be based on the impervious area (runoff coefficient) table shown in Exhibit B, using the following formula:
Acreage x %Impervious = DMUs
0.0800
All parcels draining into Rancho Cordova Stormwater Utility Fee-maintained drainage infrastructure are proposed to be charged the same user fee rate per DMU for stormwater runoff treatment. The Rancho Cordova Stormwater Utility Fee is proposed in perpetuity.
For the purposes of this report, City-maintained drainage infrastructure includes streets, pipes, inlets, outlets, and natural drainage courses. Parcels related to these types of property uses are exempt from the runoff charge, as they are part of the infrastructure being funded. Also exempt from the runoff charge is Caltrans right-of-way, because Caltrans handles its own runoff under a separate NPDES permit.
ITEM 17.6. ATTACHMENT 3
City of Rancho Cordova August 7, 2014
Stormwater Utility Fee
Rate Analysis Report Page 7
Q:\Sacramento\Storm Drain User Fee\Report\rancho cordova drainage fee rpt DRAFT 08.6.14.docx Drainage units may be adjusted based on appeal from the property owner. See the Appeals Process below.
Table 3, below, provides a preliminary summary of DMUs for the various land uses in Rancho Cordova.
Table 3 – Drainage Measurement Unit Summary Table
Landuse Description
Number of
Units
Total Area
(acres)
Impervious
Area
(acres) DMUs
SINGLE FAMILY RESIDENTIAL (SFR1) 15,107 2,028 15,107.00 SINGLE FAMILY RESIDENTIAL (SFR2) 13,790 2,776 15,169.00 SINGLE FAMILY RESIDENTIAL (SFR3) 14 4 16.45
SINGLE FAMILY RESIDENTIAL (SFR4) -
SINGLE FAMILY RESIDENTIAL (SFR5) -
MULTI-FAMILY RESIDENTIAL (MFR1) 6,082 282 2,639.06
COMMERCIAL 666 499 6,240.00
INDUSTRIAL 283 226 2,830.00
SCHOOLS 478 239 2,985.00
PRIVATE RECREATION 63 16 195.31
PARKS/GREENBELTS 561 140 1,752.47
PUBLIC 51 15 190.13
TOTAL 34,993 7,190 47,124
ITEM 17.6. ATTACHMENT 3
City of Rancho Cordova August 7, 2014
Stormwater Utility Fee
Rate Analysis Report Page 8
Q:\Sacramento\Storm Drain User Fee\Report\rancho cordova drainage fee rpt DRAFT 08.6.14.docx Cost Estimate
Table 4 below shows the estimated costs to maintain infrastructure in the developing areas. Unit costs for maintenance were derived using budget information provided by the County, since the County currently maintains the storm drainage system. The budget information is shown in Appendix C.
Table 4 – Estimated Costs
Fee Calculations
The estimated annual costs for the proposed storm drain improvements are $5,401,709 as shown in Table 4 above. Dividing that by the total number of proposed DMU’s in Rancho Cordova (47,124), the maximum estimated annual Stormwater Utility Fee rate is $114.63 per DMU.
This would be the proposed maximum fee rate for fiscal year 2014-15. The maximum rate will be increased each subsequent Fiscal Year by the annual change in the Consumer Price Index (CPI), during the preceding year, for All Urban Consumers, for the San Francisco-Oakland-San Jose areas, published by the United States Department of Labor, Bureau of Labor Statistics (or a reasonably equivalent index should the stated index be discontinued, as determined by the Director of Public Works).
Estimated Quantity Unit Cost ($/unit) Total Cost/Year
Maintenance Costs:
Trunk Lines (larger than 24") - TV Lines 158210 LF $ 7.50 25 years $ 47,463.00 Drainage Lines 10"-24" Cleaning 829850 LF $ 3.00 10 years $ 248,955.00 Drainage Lines 10"-24" TV 829850 LF $ 7.50 25 years $ 248,955.00 Creek and Channel Maintenance and Repair 65070 LF $ 0.75 1 year $ 49,009.83 Pipe Repairs 998920 LF $ 0.45 1 year $ 451,380.43
Creeks and Channels Mowing 80 AC $6,825 1 year $ 546,000.00 Creeks and Channels Herbicides 80 AC $680 1 year $ 54,400.00 HydroMod Basin Maintenance 320 AC $4,830 1 year $ 1,545,600.00 Basin De-silt 320 AC $1,000 25 years $ 12,800.00
Basins Herbicides 320 AC $761 1 year $ 243,360.00
Replacement Costs:
Inlets 6400 EA $2,000 75 years $170,667
Manholes 4460 EA $3,500 75 years $208,133
66" Pipe 3950 LF $550 100 years $21,725
60" Pipe 10280 LF $475 100 years $48,830
54" Pipe 11140 LF $400 100 years $44,560
48" Pipe 10210 LF $325 100 years $33,183
42" Pipe 28620 LF $275 100 years $78,705
36" Pipe 42420 LF $225 100 years $95,445
30" Pipe 51050 LF $175 100 years $89,338
27" Pipe 540 LF $150 100 years $810
24" Pipe 91960 LF $125 100 years $114,950
21" Pipe 2230 LF $115 100 years $2,565
18" Pipe 100300 LF $105 100 years $105,315
15" Pipe 101300 LF $95 100 years $96,235
12" Pipe 529890 LF $85 100 years $450,407
10" Pipe 4170 LF $75 100 years $3,128
Total: $5,011,917
Annual Fee Administration: $45,000
Operating (Cash Flow) Reserve (10% of Maintenance Costs): $344,792 Estimated Total: $5,401,709
Frequency
ITEM 17.6. ATTACHMENT 3
City of Rancho Cordova August 7, 2014
Stormwater Utility Fee
Rate Analysis Report Page 9
Q:\Sacramento\Storm Drain User Fee\Report\rancho cordova drainage fee rpt DRAFT 08.6.14.docx The actual rate to be levied each year will be as approved by the City at a public hearing, after they consider an Annual Fee Report outlining the estimated annual costs of the program for the ensuing fiscal year.
Table 5 provides sample fee calculations for various land uses and parcel sizes.
Table 5 – Sample Calculations
The Preliminary Charge Roll, which is a listing of each parcel to be charged a fee and its proposed maximum fee for FY 2014-15, is on file in the office of the City Clerk.
Appeals Process
If a property owner disagrees with the calculation of his or her fee, based on the parcel area and estimated impervious percentage assigned to the property, then the property owner may appeal the calculation as follows:
1. Property owner must provide written documentation explaining the reason why the charge should be changed. This documentation must include:
a. The name, phone number, mailing address, and email address, if available, of the property owner.
b. The Assessor’s Parcel Number (APN) of the property in question.
2. If additional documentation is required or insufficient documentation was submitted, a representative of the Department of Public Works (Staff) will notify the property owner in writing.
3. Once Staff has determined that sufficient documentation has been submitted, Staff will perform the initial review. Staff will notify the property owner in writing within four (4) weeks from the time sufficient documentation was submitted as to whether or not the fee amount will be changed.
a. If the determination is to change the fee amount, then the new fee amount will be documented within the City’s fee database.
Land Use Description
Total Area
(acres)
Impervious
Area
(acres) DMUs Sample Fee
SINGLE FAMILY RESIDENTIAL (SFR1) 0.16 1.000 $ 114.63
SINGLE FAMILY RESIDENTIAL (SFR2) 0.22 1.100 $ 126.09
SINGLE FAMILY RESIDENTIAL (SFR3) 0.30 1.175 $ 134.69
SINGLE FAMILY RESIDENTIAL (SFR4) 0.40 1.250 $ 143.28
SINGLE FAMILY RESIDENTIAL (SFR5) 1.00 1.563 $ 179.10
MULTI-FAMILY RESIDENTIAL (MFR1) 5.00 3.75 46.875 $ 5,373.12 COMMERCIAL1 0.75 1.00 9.375 1,074.62 $
INDUSTRIAL 1.00 0.80 10.000 1,146.27 $
SCHOOLS 5.00 2.50 31.250 3,582.08 $
PRIVATE RECREATION 1.00 0.25 3.125 358.21 $
PARKS/GREENBELTS 2.00 0.20 2.500 286.57 $
PUBLIC 2.00 0.60 7.500 859.70 $
1 Average of Downtown and Neighborhood Commercial as shown in Appendix B ITEM 17.6. ATTACHMENT 3
City of Rancho Cordova August 7, 2014
Stormwater Utility Fee
Rate Analysis Report Page 10
Q:\Sacramento\Storm Drain User Fee\Report\rancho cordova drainage fee rpt DRAFT 08.6.14.docx b. If the determination is that the fee should not be changed, the property owner can appeal Staff’s decision to the Director of Public Works. The appeal must be made in writing and returned no later than four (4) weeks from the date of mailing of Staff’s initial review decision. The Director of Public Works will notify the property owner in writing within four (4) weeks from the date of receipt of the appeal as to whether or not the fee amount will be changed.
If the owner of any parcel shall have reason to feel that the computation of the DMU for his/her parcel is not correct, that person may file an appeal with the Director of Public Works in the manner prescribed by the Director of Public Works. The Director of Public Works will consider all data provided by the appellant and shall render a decision in writing.
The decision of the Director of Public Works will be final with respect to City action on the appeal.
Appeals will be accepted annually up until June 30 for inclusion on the following fiscal year’s property tax roll submittal. However, if an appeal is granted by Staff or the Director of Public Works that does not permit inclusion for the following fiscal year’s property tax roll submittal, a reimbursement will be provided to the property owner by the City.
Respectfully submitted:
Harris & Associates
Dennis A. Anderson
Senior Project Manager
ITEM 17.6. ATTACHMENT 3
City of Rancho Cordova August 7, 2014
Stormwater Utility Fee
Rate Analysis Report APPENDIX A
APPENDIX A
ITEM 17.6. ATTACHMENT 3
City of Rancho Cordova August 7, 2014
Stormwater Utility Fee
Rate Analysis Report APPENDIX B
APPENDIX B
Runoff Coefficient
Land Use Impervious
Single Family Residential less than 0.166 acres 50%
Single Family Residential 0.166 acres to 0.250 acres 40% Single Family Residential 0.251 acres to 0.330 acres 30% Single Family Residential 0.331 acres to 0.500 acres 25% Single Family Residential Over 0.500 acres (excluding the first 0.500 acres) 5% High-Density Residential (including Apartments and Mobile Home Parks) 75% Condominiums 70%
Commercial Downtown Areas1 80%
Commercial Neighborhood Areas 70%
Industrial 80%
Schools 50%
Parks 25%
Greenbelts 10%
Footnotes:
1 City of Rancho Cordova Municipal Code Chapter 15.
Sources:
1. Yolo County City/County Drainage Manual, February 2010.
2. Stormwater Quality Design Manual for the Sacramento and South Placer Regions, May 2007.
ITEM 17.6. ATTACHMENT 3
City of Rancho Cordova August 7, 2014
Stormwater Utility Fee
Rate Analysis Report Appendix C
Appendix C
Cost Information
ITEM 17.6. ATTACHMENT 3
County of Sacramento/City of Rancho Cordova
Current Storm Drain Maintenance Costs
Repair Type
Actual Expenditures for FY
11/12
FY 13/14
Budget
County North OCUO Drain Line Upgrade or Repair 630,912.90 $ 630,912.90 $ OFFO Fence Repair 19,343.41 $ 19,343.41 $ OHKO Inlet Outfall Repair 455,724.02 $ 455,724.02 $ OMSO Erosion Control 26,189.60 $ 26,189.60 $ OY8O Manhole Repair 63,362.44 $ 63,362.44 $ RAMP ADA Compliant Ramp - $ - $ Overhead 36.39% 435,026.56 $ 435,026.56 $ $ 1,630,558.93 1,630,558.93 $
County South OCUO Drain Line Upgrade or Repair 105,317.24 $ 105,317.24 $ OFFO Fence Repair 35,802.01 $ 35,802.01 $ OHKO Inlet Outfall Repair 214,660.90 $ 214,660.90 $ OMSO Erosion Control - $ - $ OY8O Manhole Repair 8,585.40 $ 8,585.40 $ RAMP ADA Compliant Ramp - $ - $ Overhead 23.51% 85,667.45 $ 85,667.45 $ $ 450,033.00 $ 450,033.00
Rancho Cordova OCUO Drain Line Upgrade or Repair $ 222,809.74 $ 229,850.53 OFFO Fence Repair $ 26,326.14 $ 27,158.05OHKO Inlet Outfall Repair $ 224,877.26 $ 231,983.38OMSO Erosion Control $ - $ -OY8O Manhole Repair $ 4,498.84 $ 4,641.00RAMP ADA Compliant Ramp $ - $ -Overhead 23.51% $ 112,504.88 $ 116,060.03 $ 591,016.86 $ 609,692.99
Total LF of Pipes
County 7,865,755 7,865,755Rancho Cordova 1,349,271 1,349,271 Cost/LF of pipe for Repairs
County $ 0.26 $ 0.26
Rancho $ 0.44 $ 0.45
* Costs were increased for 12/13 based on comparing actual expenditures in 11/12 with actual expenditures in 12/13.
Pipe Repair Costs
Total Budget=Total Budget=Total Budget=
Budget Classification
8/6/2014
ITEM 17.6. ATTACHMENT
3
County of Sacramento/City of Rancho Cordova
Current Storm Drain Maintenance Costs
Repair Type
Actual
Expenditures FY
11/12
FY 13/14
Budget
County OCCO Inspect Channels 149,684.06 $ 149,684.06 $
ODSO Clean, Inspect trach Racks and Box Culverts 203,337.83 $ 203,337.83 $ OF8O Sandbag Distribution 5,184.60 $ 5,184.60 $ OFCO Drainage Response 82,451.66 $ 82,451.66 $ OFDO Concrete Channel Cleaning Bobcat 552,150.54 $ 552,150.54 $ OHWO Vegetation Removal County ForcesOJZO Clean and Inspect Outfall Structures 191,840.84 $ 191,840.84 $ OLCO Access Road Maintenance - $ - $ OLDO MowingOMPO Expose Pipe End Mechanically 2,720.90 $ 2,720.90 $ OMRO Channel Cleaning Mechanical 49,087.50 $ 49,087.50 $ OORC Rodent Control 32,695.06 $ 32,695.06 $ OTVD Tree Removal 79,463.44 $ 79,463.44 $ OVDO Dry Spoil Dumping 8,137.34 $ 8,137.34 $ OWCO Weed Control ChemicalOverhead 36.39% 493,691.29 $ 493,691.29 $ $ 1,850,445 1,850,445 $
County OCCO Inspect Channels $ 1,797.15 $ 1,797.15
ODSO Clean, Inspect trach Racks and Box Culverts $ - $ - OF8O Sandbag Distribution $ 2,464.80 $ 2,464.80OFCO Drainage Response $ 1,293.11 $ 1,293.11OFDO Concrete Channel Cleaning Bobcat $ 144,294.58 $ 144,294.58 OHWO Vegetation Removal County ForcesOJZO Clean and Inspect Outfall Structures $ - $ -OLCO Access Road Maintenance $ 57,345.54 $ 57,345.54 OLDO MowingOMPO Expose Pipe End Mechanically $ - $ -OMRO Channel Cleaning Mechanical $ 32,935.75 $ 32,935.75 OORC Rodent Control $ - $ -OTVD Tree Removal $ 214,736.46 $ 214,736.46 OVDO Dry Spoil Dumping $ - $ -
Creek and Channel Cleaning
Total Budget=
Budget Classification
8/6/2014
ITEM 17.6. ATTACHMENT 3
Repair Type
Actual
Expenditures FY
11/12
FY 13/14
Budget Classification Budget
OWCO Weed Control ChemicalOverhead 23.51% 106,945.71 $ 106,945.71 $ $ 561,813 561,813 $
Rancho Cordova OCCO Inspect Channels $ - $ -
ODSO Clean, Inspect trach Racks and Box Culverts $ 413.30 $ 413.30 OF8O Sandbag Distribution $ - $ -OFCO Drainage Response $ - $ -OFDO Concrete Channel Cleaning Bobcat $ 65,905.39 $ 65,905.39 OHWO Vegetation Removal County ForcesOJZO Clean and Inspect Outfall Structures $ - $ -OLCO Access Road Maintenance $ - $ -OLDO MowingOMPO Expose Pipe End Mechanically $ - $ -OMRO Channel Cleaning Mechanical $ - $ -OORC Rodent Control $ - $ -OTVD Tree Removal $ - $ -OVDO Dry Spoil Dumping $ - $ - OWCO Weed Control ChemicalOverhead 23.51% $ 15,592.45 $ 15,592.45 $ 81,911 $ 81,911
Total LF of Channels
Rancho Cordova (unlined) 74,628 74,628
Rancho Cordova (lined) 37,562 37,562Total Rancho Cordova 112,189 112,189 County (unlined) 1,677,768 1,677,768
County (lined) 216,153 216,153
Total County 1,893,920 1,893,920
Cost/LF of Channel for Cleaning:
County $ 1.27 $ 1.27
Rancho $ 0.73 $ 0.75
* Costs were increased for 12/13 based on comparing actual expenditures in 11/12 with actual expenditures in 12/13.
Total Budget=Total Budget=
8/6/2014
ITEM 17.6. ATTACHMENT
3
County of Sacramento/City of Rancho Cordova
Current Storm Drain Maintenance Costs
Activity Size/Location Cost/LF Frequency NotesPipes/ChannelsHydro Cleaning 6"-24" $ 10 years 3.00TV Lines all $ 25 years 7.50 Rancho $ each year 0.75 Within SWU Budget
Sac County $ 1.27
Pump Mainteance Covered within budget
Per County Staff Assume no pumps in new areas.
Repairs 2 crews year round SWU funds support thisHydromod Basin cost/acMaintenance $ annul 4,830.00 see detailed estimateHerbicides $ 2 x's/year 325.00 Additional costs
Pesticide Control Advisor $ annually 20,000.00Engineering admin support with regulatory agencies 10% of maint costs/yearSupervisors and managers 5% of maint costs/yearCreek and Channel Cleaning 8/6/2014
ITEM 17.6. ATTACHMENT
3
Basin Maintenance Costs Cost per Acre
Trash Clean‐up and Disposal (4 x's/year) $ 1,200
Mowing (2 x's/year) $ 200
Inspection 4 x's/year $ 1,600
Erosion Repair $ 800
Vegetation and Landscape Maintenance $ 800
Sub‐total $ 4,600
Over‐head Mark‐up (5%) $ 230 Total Cost $ 4,830
Hydromod Basin Maintenance
Inspection Includes: Examine gates, fences and access ramp for damage and overgrown vegetation, check basin slopes for erosion, excess vegetation, debris and animal burros, check flow line for excess vegetation and sediment, check for eriosion at water line, large/floating debris, and excess vegetation. Check for debris, creacks and instructure, and erosion at inlets and outlets. Also check access control racks for debris and to snrue they are locked and secured. Check riprap at inlet weir
ITEM 17.6. ATTACHMENT 3
City of Rancho Cordova August 7, 2014
Stormwater Utility Fee
Rate Analysis Report Appendix D
Appendix D
Detailed Land Use Data
ITEM 17.6. ATTACHMENT 3
Storm Drain User Fee
City of Rancho CordovaDecember 20, 2013 AC, Landuse & units derived from GIS/Aerials North Douglas II Heritage Falls Anatolia IV
Land Use/ Zoning Description AC Units AC Units AC Units AC Units AC Units AC 2012 Units
2012 AC Units AC 2013
Units
2012 AC 2013 Units 2012 Est.
Units
2013 AC Units AC Units AC Units AC Units GIS AC GIS Units GIS AC GIS Units Total Acres Total Units Residential:
LDR SF (2.1-6.0 DU/AC) 35.3 176 144.8 698 3.7 14 44.7 276 71.4 388 1,518.5 7,593 179.4 899 142.3 694 35.8 179 347.2 1,580 17.70 153.00 72.20 303.00 21.60 203.00 2,635 13,156 MD (6.1-12 DU/AC) 321.5 2,524 322 2,524
MDR MD (6.1-18.0 DU/AC) 83.8 556 290.0 2,334 a 94.2 528 28.2 287 42.8 227 54.4 402 256.0 2,048 43.7 286 c 105.4 685 17.5 192 146.8 1,389 92.10 525.00 450.8 2,831 146.4 941 1,852 13,231 MD (14.0-29.9 DU/AC) 60.4 885 60 885
HDR HD (18.1-40.0 DU/AC) 98.0 1,960 44.2 980 12.2 378 * 30.4 922 6.80 132.00 192 4,372 HD (30+ DU/AC) 29.5 825 * These may be Attached 30 825
Residential Total 119.1 732 524.7 4,742 94.2 528 31.9 301 87.5 503 125.8 790 1,872.5 11,601 588.8 4,689 259.9 1,757 53.3 371 524.4 3,891 17.7 153 171 960 22 203 450.8 2,831 146.4 941 5,090 34,993 Non-Residential:
VC Village Commercial 16.9 19.5 16.6 20.0 22.0 13.5 93.3 202 LTC Local Town Center 30.4 20.0 83.5 134
RTC Regional Town Center 0.9 113.0 58.4 172
BP Business Park 6.6 65.0 86.0 158
MP Industrial Park 283.0 283
Education:
HS/MS High School/Middle School 72.6 78.0 110.9 b 94.0 b 356 MS Middle School 20.0 20
ES Elementary School 21.2 10.6 54.0 5.50 10.8 102
Open Space & Public:
CP Community Park 11.4 60.7 7.8 107.0 44.9 29.3 52.3 313 P/QP Public/Quasi Public 2.0 3.2 7.5 12.3 10.6 1.1 37
NP Neighborhood Park 3.1 3.8 8.2 5.2 3.4 20.8 67.5 17.0 8.6 6.4 0.71 17.20 3.70 21.2 7.0 194 SWD Storm Water Detention 4.0 15.0 9.6 39.0 53.5 24.3 4.00 17.40 9.5 9.6 186 WP Wetland Preserve 55.8 43.8 81.0 54.5 510.0 745
DP Drainage Parkway 138.0 5.0 104.6 15.30 7.2 270PR Private Recreation 54.0 4.20 4.3 63 OS Open Space 144.5 22.0 0.60 0.80 168
OS/P Open Space/Preserve 12.0 45.6 174.0 47.7 279
LC Landscape Corridors 1.1 2.8 82.0 19.2 2.70 1.30 13.4 0.7 123 GB Green Belts 2.6 51.0 54
ROW Right-of-way 9.5 104.3 8.5 5.3 22.4 192.0 82.6 20.5 14.5 127.1 6.90 2.20 596 BR/WP Reservoir / Wetland Preserve 302.8 205.1 19.80 528 S Sewer Lift Station / Utility Substation 1.0 6.6 6.4 14 Vacant (unknown dev plan) 567.4 27.3 595
Total Non-residential 91.5 826.1 11.0 79.6 123.1 127.1 1,956.0 676.5 270.2 20.9 613.1 25.1 0.0 70.0 0.0 7.2 0.0 634.3 58.2 5,590 Total Residential & Non-Res 210.6 732.0 1,350.8 4,742.0 105.2 528.0 111.5 301.0 210.6 503.0 252.9 790.0 3,828.5 11,601.0 1,265.3 4,689.0 530.1 1,757.0 74.1 371.0 1,137.5 3,891.0 42.8 153.0 241.1 960.0 28.8 203.0 1,085.1 2,831.0 204.6 941.0 10,680 Notes: All data is from recent plans received in Nov 2013 unless specified otherwise. AC estimated a Arboretum has 2 MD residential classifications. The first line is for 6.1-13.9 DU/AC (instead of 6.1-18) Includes April 2012 b Acreage for all schools Amendment
c Suncreek has 2 MD residential classifications. The second line is for 12.1-18 DU/AC (instead of 6.1-18) Arista Del Sol Arboretum Douglas 98 Douglas 103 Grantline 208 Montelena Rio Del Oro Suncreek The Ranch (Sunridge) Sunridge Lot J Westborough Anatolia Sunridge Q:\Sacramento\Storm Drain User Fee\Land Use Summary and fee calculation 04.15.14.xlsx ITEM 17.6. ATTACHMENT
3
ITEM 17.6. ATTACHMENT 4
Stormwater Utility Fee
Sample of the Stormwater Utility Fees for Fiscal Year 2022-2023:
Table 1
Land Use Description
Total Area
(acres) Sample Fee
Single Family Residential (SFR1) 0.16 $143.40
Single Family Residential (SFR2) 0.22 $157.73
Single Family Residential (SFR3) 0.30 $168.51
Single Family Residential (SFR4) 0.40 $179.24
Single Family Residential (SFR5) 1.00 $179.24
Multi-Family Residential (MFR1) 5.00 $1,254.93
Commercial 1.00 $1,344.58
Industrial 1.00 $1,434.24
Schools 5.00 $896.39
Private Recreation 1.00 $448.17
Parks/Greenbelts 2.00 $179.24
Public Property (with structures) 2.00 $537.81
City Council Staff Report – Page 1 of 8
MEMORANDUM
DATE: July 18, 2022
TO: Honorable Mayor and Council Members
FROM: Nicholas Sosa, Associate Planner
SUBJECT: LOGISTICENTER AT RANCHO CORDOVA MAJOR DESIGN REVIEW – PROJECT NO. PLND-1021-0015
PROPERTY OWNER:
DPML Bear Hollow, LLC
5500 Equity Avenue
Reno, NV 89502
APPLICANT/DEVELOPER:
Dermody Properties
George Condon
5500 Equity Avenue
Reno, NV 89502
PROJECT: Logisticenter at Rancho Cordova – Major Design Review FILE: PLND-1021-0015
LOCATION: Corner of Bear Hollow Drive and N. Mather Boulevard APN: 072-2360-041-0000
PLANNER: Nicholas Sosa, Associate Planner
RECOMMENDATION
There is no formal recommendation at this time. Staff is providing a response to Council’s concerns that were raised at the April 18, 2022 council meeting and will be looking for any additional direction from Council for this project. The public hearing will be continued to a future council date. At that time, staff may bring back final action documents based upon Council’s direction.
VILLAGES OF ZINFANDEL SPECIAL PLANNING AREA BACKGROUND
The Project, Logisticenter at Rancho Cordova, is located within the Villages of Zinfandel Special Planning Area (ZSPA). The Special Planning Area was approved in 2002 by Sacramento County. The ZSPA includes residential, commercial, business professional, light industrial, parks, bike trails, and open space uses. An Environmental Impact Report (EIR) was prepared, which took into consideration full build out impacts of the ZSPA, including biological, noise, traffic, and utilities. The EIR was certified for the Special Planning Area in 1998 by Sacramento County and a Mitigation Monitoring Reporting Program was adopted.
When the ZSPA was adopted, the property owners entered into a Development Agreement with Sacramento County, which had jurisdiction over the planning area at the time. This Development Agreement created vested rights for the property owner which effectively solidified all regulations and developments standards at that time (2003) to be applicable within the ZSPA for the life of the development agreement. At the time that these vested rights were created between the property owners and the County, the 2003 Sacramento County Zoning Code was the applicable document and therefore continues to be the regulatory document utilized for
City Council Staff Report – Page 2 of 8
permitted and conditionally permitted uses and development standards such as building size, setbacks, landscaping, and parking for projects under review today.
In addition to the vested rights established by the property’s Development Agreement, the Villages of Zinfandel’s allowed uses and development standards are further limited by the Mather Field Airport’s overflight zone which is “governed” by the Sacramento Area of Council of Governments and the Mather Airport Land Use Plan. The Land Use Plan includes limitations based upon a property’s proximity to the airport. Areas that are most restrictive are those within the flight safety zones which are within the direct approach/departure flight paths of the runway.
These areas are limited in both use and construction to minimize potential destruction if an accident should occur. The Land Use Plan also includes “Sound Contours” which are areas of excessive noise from the approach and departure of planes on the runway. The noise levels in these areas range from 75-60 decibel’s which further dictates allowed uses within the area as these noise levels would not be comfortable or appropriate for certain uses such as office space or residential housing which has a limitation of a maximum of 55 decibels. The Land Use Plan of the airport in conjunction with the vested rights of property owners in the Villages of Zinfandel SPA are both utilized in reviewing projects to determine which uses are allowed within certain areas of the ZSPA and which development standards are applicable to each project.
PROJECT BACKGROUND
The project was originally presented on April 18, 2022, at the regularly scheduled City Council Meeting. After City Council was presented the project, there were some concerns with the landscaping that was proposed with the project as well as the direction of the truck traffic to and from the subject property. The project was then continued to the May 16th council date and direction provided to the applicant to make modifications to the landscaping. On May 16th the item was continued to a date uncertain to continue working with the Applicant to address issues.
Since that time, staff has continued to work with the Applicant to address these concerns and has provided the following revised project plans and conditions of approval will be updated to reflect these changes.
1. The Council had concerns with the visibility of the commercial truck parking and loading dock area from Bear Hollow Drive as well as from the elevated bike trail to the west of the project.
The Applicant has worked with their landscape architect as well as the City’s arborist in providing additional evergreen trees that would provide sufficient screening throughout the year. The original landscape plan included strategically positioned Interior Live Oak trees (mature size: 75’W x 60’H) along the City’s existing bike trail to screen the visibility of the commercial loading dock area from the trails elevated position. The Applicant has expanded on the screening in this area by adding 17 additional trees along the west property line (shown in Figure 1). The trees proposed are shown as Deodar Cedar trees which are an evergreen pine tree with a fully mature size of 48’W x 80H. A sufficient amount of screening would likely be visible in approximately 8-10 years growth even with the elevation of the trail.
In addition to the trees along the west property line, the Applicant has also added additional Deodar Cedar trees along Bear Hollow Drive at the truck entrance to the loading dock area. The applicant has added 10 Cedar trees which are evergreen, along the east property line in combination with the originally proposed deciduous Chinese Pistache (mature size 40’W x 40’H) along this area, which will provide sufficient
City Council Staff Report – Page 3 of 8
screening of the area as well as a colorful aesthetic at certain times of the year. The Applicant has also agreed to increase the size of a majority of the trees along Bear Hollow from 24” box trees to 36” box trees to ensure screening is sufficient as quickly as possible. The 36” box trees are the largest that can be accommodated along Bear Hollow without removing trees and sacrificing density. Figures 1 shows the updated landscape plan with added Deodar Cedars, Figure 2 shows images of trees proposed at these locations, and Figures 3-5 show renderings of added landscaping at plant installation, 5-year growth, and 10-year growth. The landscape plans included within Attachment 1 reflect the updated trees and screening.
Figure 1: Updated Landscape Plan
Deodar Cedars (added
for additional
screening)
Interior Live Oaks
Chinese
Pistache
City Council Staff Report – Page 4 of 8
Figure 2: Tree species proposed along west and east property lines
Deodar Cedar
Interior Live Oak
Chinese Pistache
City Council Staff Report – Page 5 of 8
Figure 3: Bear Hollow at Parking Lot Entrance (1,5, & 10-year growth)
Figure 4: Truck Entrance at Bear Hollow Drive (1,5 & 10-year growth) Note: rendering shows fencing as transparent, however, conditions of approval require a solid wall at 10 feet in height.
City Council Staff Report – Page 6 of 8
Figure 5: Loading Dock Area from Bike Trail (1,5, & 10-year growth)
2. The Council also had concerns regarding the direction of truck traffic going in and out of the truck driveway entrance to the northeast of the project and requested additional conditions of approval to restrict traffic heading north on Bear Hollow through the existing school zone.
The Public Works Department has provided an additional conditions of approval for the project that restricts all non-passenger and commercial vehicles from utilizing Bear Hollow Drive as a truck route to the facility. See Figure 6 for a map of the area. The green line shows the allowed truck access route from the project site to Zinfandel Drive.
The condition also requires that the Applicant continue to work with Public Works to devise effective traffic control measures that require truck traffic and other commercial vehicles to utilize N. Mather as the primary connection to Zinfandel. The condition has been added as follows:
All non-passenger and commercial vehicles shall utilize North Mather Boulevard for ingress and egress purposes. All non-passenger and commercial vehicles shall only use Bear Hollow Drive to and from North Mather Boulevard. Non-passenger and commercial vehicles shall not be permitted to use Bear Hollow Drive north of the project site, Airpark Drive, Spoto Drive, Baroque Drive, or other residential neighborhood roads. Traffic control devices shall be designed where needed to the satisfaction of the City Engineer.
The noted traffic control devices for this condition are yet to be determined however, once agreed upon with the Applicant, these devices will be required to be incorporated into improvement plans prior to their approval and will be verified as part of project site
City Council Staff Report – Page 7 of 8
inspections. Regardless of which traffic control devices are utilized, directional signage will be added to the property communicating a “right turn only” route from the truck egress driveway on Bear Hollow Drive, guiding truck traffic to N. Mather Boulevard to connect to Zinfandel Drive. A condition of approval related to direction signage has also been added as follows:
Applicant shall install directional signage at truck exit on Bear Hollow drive that states “RIGHT TURN ONLY” to guide trucks to N. Mather Boulevard. Additional signage shall also be placed at the N. Mather Boulevard driveway entrance signifying that no trucks are allowed in or out of the N. Mather Boulevard driveway.
Figure 6: Allowed Truck Access Route
The above-mentioned modifications are the only changes to the project plans. The previous landscape plans have been removed and updated plans showing additional landscaping, have been added to the Project Plans (Attachment 1). All other aspects of the project have not been modified and the project architecture and site plan continue to be consistent with the original project package. Other project conditions have
STONECREEK COMMUNITY MEETING
City Staff held a community meeting at City Hall on June 27, 2022, to provide attendees a better understanding of the history of the Villages of Zinfandel Special Planning Area, regulatory documents applicable to this site, as well as all other sites in the SPA, and the extent of Staff’s ability to regulate these projects. Over 150 residents attended the meeting. Attendees provided both questions and concerns, that were addressed by Staff and the original developer/property
City Council Staff Report – Page 8 of 8
owner of the Villages of Zinfandel. Many of the communities’ concerns revolved around overall traffic throughout the area, including the number of trips, the direction of truck traffic and making sure trucks are not passing through residential areas to get to the freeway. Staff provided additional information on the traffic analysis that were completed for these projects and how a determination was made that they are consistent with the approved Environmental Impact Report (EIR) completed for the Villages of Zinfandel Special Planning Area.
NEXT STEPS
Upon conclusion of staff’s presentation, public comments, and Council discussion, the Council may wish to provide the applicant with direction on additional modifications to the project. The project will then be brought back to the Council for further consideration on August 1st.
The legal criteria to be considered on a Design Review are:
1. 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.
2. 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.
3. 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.
4. The proposed project will not create conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation.
ATTACHMENT(S)
1. Project Plans
2. DRAFT Project Conditions
N
NOT TO SCALE
PROJECT SITE
ZINFANDEL DR.
INTERNATIONAL
DR.
MATHER BLVD.
N. MATHER BLVD.
BEAR
HOLLOW
DR.
F
E
M
OYE
R
S
T.
S
P
O
T
O
B
LV
D.
4683 Chabot Dr, Suite #300
Pleasanton, CA 94588
P 925.244.9620
JOB NO.:
DRAWN BY.:
PA/PM:
SHEET
THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF WARE MALCOMB AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH WARE MALCOMB. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF WARE MALCOMB PRIOR TO THE COMMENCEMENT OF ANY WORK CAUTION: IF THIS SHEET IS NOT 30"x42" IT IS A REDUCED PRINT C:\_Revit\0064_ARCH_fmistry.rvt
1/28/2022 3:32:43 PM
L. DE BRITO
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TITLE SHEET
A0.1 LOGISTICENTER AT RANCHO CORDOVA BEAR HOLLOW DRIVE RANCHO CORDOVA, CALIFORNIA 95670 OWNER
ARCHITECT
VICINITY MAP OWNER'S CONSULTANTS SCOPE OF WORK
SHEET INDEX
TOTAL
SHEETS
95 LOGISTICENTER AT RANCHO
CORDOVA
BEAR HOLLOW DRIVE
RANCHO CORDOVA, CALIFORNIA 95670
ARCHITECTURAL
A6.1a SITE DETAILS
A0.1 TITLE SHEET
A1.1 OVERALL SITE PLAN
A1.1a ENLARGED SITE PLAN
A1.1b ENLARGED SITE PLAN
A1.1c ENLARGED SITE PLAN
A1.1d ENLARGED SITE PLAN
A1.2 SITE SECTIONS
A2.1 FLOOR PLAN
A4.1 EXTERIOR ELEVATIONS
A4.2 EXTERIOR ELEVATIONS
A6.1 SITE DETAILS
ARCHITECTURAL SHEET COUNT: 12
CIVIL
C201 CIVIL SITE PLAN
C202 CIVIL SITE PLAN
C203 CIVIL SITE PLAN
C301 GRADING & DRAINAGE PLAN
C302 GRADING & DRAINAGE PLAN
C303 GRADING & DRAINAGE PLAN
C304 GRADING & DRAINAGE PLAN
C401 UTILITIES PLAN
C402 UTILITIES PLAN
C403 UTILITIES PLAN
C801 CROSS SECTIONS
C802 CROSS SECTIONS
C901 FIRE PLAN
CIVIL SHEET COUNT: 13
P 925.244.9620
4683 CHABOT DR #300
PLEASANTON, CALIFORNIA 94588
F 925.244.9621
PRIMARY CONTACT:
PH:
EMAIL:
LETICIA DE BRITO
[email protected]
925 480 6146 x1498
PRIMARY CONTACT:
PH:
EMAIL:
DERMODY PROPERTIES
DERMODY PROPERTIES
550 EQUITY AVENUE
RENO, NEVADA 89502
GEORGE CONDON
(775) 858 8080
[email protected]
PRIMARY CONTACT:
PH:
EMAIL:
LAUGENOUR AND MEIKLE
CIVIL ENGINEER
608 COURT STREET
WOODLAND, CALIFORNIA 95695
BRYAN P. BONINO
(530) 662 1755
[email protected]
PRIMARY CONTACT:
PH:
EMAIL:
WALLACE KUHL & ASSOCIATES
GEOTECHNICAL ENGINEER
3050 INDUSTRIAL BLVD.
WEST SACRAMENTO, CALIFORNIA 95691
MATT MOYNEUR
(916) 372 1434
[email protected]
PRIMARY CONTACT:
PH:
EMAIL:
IMA
LANDSCAPE ARCHITECT
101 BROADWAY, SUITE 310
OAKLAND, CALIFORNIA 94607
FRANCISCO CASTELLANOS
(510) 353 3952
[email protected]
LOT 469,364 S.F.
(10.78
ACRES)
BUILDING 1 AREA 155,040 S.F.
BUILDING COVERAGE 33 %
LANDSCAPE AREA 153,770 S.F.
LANDSCAPE COVERAGE 32.8 %
WAREHOUSE @ 1/2000 74 STALLS
STANDARD PARKING PROVIDED 94 STALLS
ACCESSIBLE PARKING PROVIDED 04 STALLS
TOTAL PARKING PROVIDED 98 STALLS
TRAILER PARKING PROVIDED 32 STALLS
ACCESSOR'S PARCEL NO: 072-2360-036
SITE DATA
PROJECT DATA
ARCHITECT'S CONSULTANTS
NEW INDUSTRIAL COLD DARK SHELL BUILDING SIZED 155,040 SF TO BE III-B CONSTRUCTION WITH S-1/B OCCUPANCY. RELATED SITE IMPROVEMENTS INCLUDING TRUCK COURTS AND AUTO PARKING. 10 OFFICE @ 3/1000 23 STALLS
TOTAL PARKING REQUIRED 97 STALLS
D
A
T
E
R
E
M
A
R
K
S
1 01/2
4 2/ 2
P
L
A
N
NIN
G
C
O
M
M
E
N
T
S
#
2 LANDSCAPE
L-1 LANDSCAPE TITLE SHEET
L-2 CONCEPTUAL PLANTING PLAN
L-3 CONCEPTUAL IRRIGATION PLAN
L-4 EMPLOYEE PATIO ENLARGEMENT
L-5 PLANTING IMAGERY
L-6 OVERALL ILLUSTRATIVE
L-7 CONCEPTUAL SHADE PLAN
LANDSCAPE SHEET COUNT: 7
PARKING REQUIRED:
PARKING PROVIDED:
ITEM 18.1. ATTACHMENT 1
45'-0"
120
TYP.
169'-2"
81'-0" 55'-0" 8'-1 1/2"
102
137'-10"
TYP.
102
TYP.
101
TYP.
102
65'-0"
TYP.
110
114
TYP.
102
TYP.
111
55'-0"
10'-6"
76'-0"
121
122 72'-6"
26'-0"
121
128'-9"
73'
-6"
10'
-0"
15'
-0"
175'-10"
TYP.
102
121
106
121
TYP.
102
26'-0"
35'-0"
TYP.
110
108
103
304'-5"
62 '-
5 "
TYP.
101
TYP.
111
TYP.
102
108
103 105
'
-
3 "
310'-0"
620'-0"
210'-0"
123
101. PROPERTY LINE. 102. LANDSCAPE AND IRRIGATION AREA. 103. ACCESSIBLE ENTRY SIGNAGE.
104. ACCESSIBLE PARKING STALL WITH SIGNAGE.
105. VAN ACCESSIBLE PARKING STALL WITH SIGNAGE.
106. PAINTED PARKING STRIPING PER CITY STANDARDS. 2'-0" PARKING OVERHANG. 107. STEEL BOLLARD, CONCRETE-FILLED PAINTED SAFETY YELLOW. 108. FIRE LANE ENTRY SIGNAGE.
109. CONCRETE DOLLY STRIP
110. FIRE LANE CURB, DASHED LINE INDICATES EXTENT OF CONTINUOUS CURB TO BE PAINTED RED.
111. SETBACK LINE.
112. CONCRETE RAMP.
113. CONCRETE RETAINING WALL.
114. TRASH ENCLOSURE WITH RECYCLE BIN. SEE DETAIL 11/A6.1 115. EXTERIOR STEEL STAIR. ALL COMPONENTS GALVANIZED AND PAINTED. 116. CONCRETE PAVEMENT.
117. ACCESSIBLE LOADING ZONE.
118. ACCESSIBLE CURB RAMP WITH TRUNCATED DOMES.
119. PRECAST CONCRETE WHEEL STOP. SEE DETAIL 19/A6.1
120. SCREENING WALL, SEE ARCHITECTURAL DESIGN PACKAGE.
121. DETENTION POND.
122. 4' TALL WROUGHT IRON FENCE. SEE DETAIL 21/A6.1.
123. SOLID SLIDING GATE. SEE DETAIL ON 1/A6.1a.
NORTH
MATHER
BOULEVARD
BEAR HOLLOW DRIVE
A1.1b A1.1a
A1.1c A1.1d 8 7 7
7 68888
7 8
88 20
12 FIRE LANE (HATCHED)
POLE MOUNTED LIGHT FIXTURE.
1 PARKING STALL COUNT TOTAL
DOCK HIGH TRUCK DOOR
GRADE LEVEL TRUCK DOOR
FIRE HYDRANT
P.I.V. WITH TAMPER
TRANSFORMER WITH CONCRETE PAD. (PROVIDE
PROTECTION BOLLARDS PER LOCAL UTILITY OR PUBLIC
WORK STANDARDS)
T
ACCESSIBLE PATH OF TRAVEL. 1:20 MAX. SLOPE, 2% MAX. CROSS SLOPE.
LANDSCAPE AND IRRIGATION AREA.
PROPERTY LINE.
SETBACK LINE
4683 Chabot Dr, Suite #300
Pleasanton, CA 94588
P 925.244.9620
JOB NO.:
DRAWN BY.:
PA/PM:
SHEET
THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF WARE MALCOMB AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH WARE MALCOMB. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF WARE MALCOMB PRIOR TO THE COMMENCEMENT OF ANY WORK CAUTION: IF THIS SHEET IS NOT 30"x42" IT IS A REDUCED PRINT C:\_Revit\0064_ARCH_fmistry.rvt
1/25/2022 8:45:48 PM
L. DE BRITO
I.M. / E.S.
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OVERALL SITE PLAN
A1.1 LOGISTICENTER AT RANCHO CORDOVA BEAR HOLLOW DRIVE RANCHO CORDOVA, CALIFORNIA 95670 N
0 20' 40' 80' 200'
1"=40'
SCALE: 1" = 40'-0"
1 OVERALL SITE PLAN
LEGEND KEYNOTES:
DATE REMARKS
1 01/24 2/ 2 PLANNING COMMENTS #2
ITEM 18.1. ATTACHMENT 1
VISION GLASS
SPANDREL GLASS
TEMPERED GLASS
ALL GLASS USED ON THE ENVELOPE OF THE BUILDING TO BE:
LOW-E COATED, TINTED INSULATING
U FACTOR = 0.27 AND SHGC = 0.23
GLASS WIND LOAD RESISTANCE CALCULATIONS ARE UNDER SEPARATE PERMIT
SEE SPECIFICATION SECTION 08 80 00 FOR MANUFACTURERS AND ADDITIONAL INFORMATION.
GLASS: ABC
BASE COLOR: SERWIN WILLIAMS SW 7009 PEARLY WHITE
D
PROVIDE 6'-0" WIDE PAINT COLOR MOCK-UP FULL HEIGHT OF BUILDING FOR OWNER/ARCHITECT REVIEW.
SECONDARY COLOR: SHERWIN WILLIAMS SW 2849 WESTCHESTER GRAY ACCENT COLOR: SHERWIN WILLIAMS SW 7069 IRON ORE
ACCENT COLOR: SHERWIN WILLIAMS SW 6804 DIGNITY BLUE
COLORS:
FIRST FLOOR
0"
13 21
T.O.P.
38'-0"
12 11 10
9876543
SEE PARTIAL ELEVATION 1B SEE PARTIAL ELEVATION 1A
FIRST FLOOR
0"
ABG
T.O.P.
38'-0"
CDEF
TYP.
405
TYP.
410
TYP.
401
CDBA
11'-6"
2'-0"
11'-6" 11'-6" 2'-0"
11'-6"
4'-0"
2'-0"
TYP.
402
TYP.
411
TYP.
403
406
FIRST FLOOR
0"
21 T.O.P.
38'-0"
76543
TYP.
411
TYP.
401
TYP.
403
TYP.
408
TYP.
219
TYP.
208
TYP.
204
TYP.
203
BA
C
D
12'-6"
2'-0"
12'-6"
TYP.
402
TYP.
410
221
FIRST FLOOR
0"
13 T.O.P.
38'-0"
12 11 10
987
TYP.
411
TYP.
401
TYP.
403
TYP.
208
TYP.
219
TYP.
408
TYP.
204
TYP.
203
BA
C
D
12'-6"
2'-0"
12'-6"
TYP.
410
221
TYP.
402
4683 Chabot Dr, Suite #300
Pleasanton, CA 94588
P 925.244.9620
JOB NO.:
DRAWN BY.:
PA/PM:
SHEET
THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF WARE MALCOMB AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH WARE MALCOMB. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF WARE MALCOMB PRIOR TO THE COMMENCEMENT OF ANY WORK CAUTION: IF THIS SHEET IS NOT 30"x42" IT IS A REDUCED PRINT C:\_Revit\0064_ARCH_fmistry.rvt
1/28/2022 4:06:11 PM
L. DE BRITO
I.M. / E.S.
SNR21-0064-00
EXTERIOR ELEVATIONS
A4.1 LOGISTICENTER AT RANCHO CORDOVA BEAR HOLLOW DRIVE RANCHO CORDOVA, CALIFORNIA 95670 203 EXTERIOR STEEL STAIR, ALL COMPONENTS GALVANIZED AND PAINTED. 204 STEEL BOLLARD, CONCRETE-FILLED PAINTED SAFETY YELLOW. 208 MAN DOOR.
219 SECTIONAL DOOR (DOCK HIGH).
221 SECTIONAL DOOR (ON GRADE).
401 CONCRETE WALL, PAINTED.
402 3/4" V-REVEAL. SEE DETAIL 5/A6.3
403 CONCRETE WALL JOINT. SEE DETAIL 2-3/A6.3
405 ALUMINUM STOREFRONT SYSTEM WITH 1" INSULATED GLASS. HIGH PERFORMANCE GLAZING.
406 ENTRY METAL CANOPY. SEE DETAIL 18/A6.3
408 DOCK BUMPER. SEE DETAIL 16/A6.4
410 FINISH GRADE VARIES.
411 LINE OF ROOF BEYOND.
0 15' 30' 60' 150'
1"=30'
LEGEND
KEYNOTES:
SCALE: 1" = 30'-0"
1 OVERALL WEST EXTERIOR ELEVATION
SCALE: 1/16" = 1'-0"
2 NORTH EXTERIOR ELEVATION
SCALE: 1/16" = 1'-0" 1A
PARTIAL WEST EXTERIOR ELEVATION
SCALE: 1/16" = 1'-0" 1B
PARTIAL WEST EXTERIOR ELEVATION
0 8' 16' 32' 64'
1/16"=1'-0"
DATE REMARKS
1 01/24 2/ 2 PLANNING COMMENTS #2
ITEM 18.1. ATTACHMENT 1
FIRST FLOOR
0"
T.O.P.
40'-0"
123456789 10 11 12 13
SEE PARTIAL ELEVATION 1B SEE PARTIAL ELEVATION 1A
FIRST FLOOR
0"
T.O.P.
40'-0"
789 10 11 12 13
406
TYP.
410
TYP.
405
DBACC
11'-6"
2'-0"
11'-6"
2'-0"
2'-0"
2'-0"
4'-0"
TYP.
E
411
TYP.
401
2'-0"
2'-0"
TYP.
402
TYP.
403
FIRST FLOOR
0"
T.O.P.
40'-0"
GFEDCBA
TYP.
410
406
TYP.
405
TYP.
411
TYP.
401
TYP.
AD 403BAC
12'-0"
2'-0"
12'-0"
4'-0"
2'-0"
E
TYP.
402
FIRST FLOOR
0"
12 T.O.P.
38'-0"
34567
TYP.
410
TYP.
405
TYP.
401
TYP.
403
TYP.
ACC 411BDA
11'-6"
2'-0"
4'-0"4'-0"4'-0" 11'-6" 2'-0" 4'-0"
2'-0"
E
2'-0"
TYP.
402
406
VISION GLASS
SPANDREL GLASS
TEMPERED GLASS
ALL GLASS USED ON THE ENVELOPE OF THE BUILDING TO BE:
LOW-E COATED, TINTED INSULATING
U FACTOR = 0.27 AND SHGC = 0.23
GLASS WIND LOAD RESISTANCE CALCULATIONS ARE UNDER SEPARATE PERMIT
SEE SPECIFICATION SECTION 08 80 00 FOR MANUFACTURERS AND ADDITIONAL INFORMATION.
GLASS: ABC
BASE COLOR: SERWIN WILLIAMS SW 7009 PEARLY WHITE
D
PROVIDE 6'-0" WIDE PAINT COLOR MOCK-UP FULL HEIGHT OF BUILDING FOR OWNER/ARCHITECT REVIEW.
SECONDARY COLOR: SHERWIN WILLIAMS SW 2849 WESTCHESTER GRAY ACCENT COLOR: SHERWIN WILLIAMS SW 7069 IRON ORE
ACCENT COLOR: SHERWIN WILLIAMS SW 6804 DIGNITY BLUE
COLORS:
4683 Chabot Dr, Suite #300
Pleasanton, CA 94588
P 925.244.9620
JOB NO.:
DRAWN BY.:
PA/PM:
SHEET
THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF WARE MALCOMB AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH WARE MALCOMB. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF WARE MALCOMB PRIOR TO THE COMMENCEMENT OF ANY WORK CAUTION: IF THIS SHEET IS NOT 30"x42" IT IS A REDUCED PRINT C:\_Revit\0064_ARCH_fmistry.rvt
1/28/2022 4:06:52 PM
L. DE BRITO
I.M. / E.S.
SNR21-0064-00
EXTERIOR ELEVATIONS
A4.2 LOGISTICENTER AT RANCHO CORDOVA BEAR HOLLOW DRIVE RANCHO CORDOVA, CALIFORNIA 95670 SCALE: 1" = 30'-0"
3 OVERALL EAST EXTERIOR ELEVATION
0 15' 30' 60' 150'
1"=30'
SCALE: 1/16" = 1'-0" 3A
PARTIAL EAST EXTERIOR ELEVATION
SCALE: 1/16" = 1'-0"
4 SOUTH EXTERIOR ELEVATION
SCALE: 1/16" = 1'-0" 3B
PARTIAL EAST EXTERIOR ELEVATION
0 8' 16' 32' 64'
1/16"=1'-0"
KEYNOTES:
401 CONCRETE WALL, PAINTED.
402 3/4" V-REVEAL. SEE DETAIL 5/A6.3
403 CONCRETE WALL JOINT. SEE DETAIL 2-3/A6.3
405 ALUMINUM STOREFRONT SYSTEM WITH 1" INSULATED GLASS. HIGH PERFORMANCE GLAZING.
406 ENTRY METAL CANOPY. SEE DETAIL 18/A6.3
410 FINISH GRADE VARIES.
411 LINE OF ROOF BEYOND.
LEGEND
DATE REMARKS
1 01/24 2/ 2 PLANNING COMMENTS #2
ITEM 18.1. ATTACHMENT 1
L-1
LANDSCAPE TITLE SHEET N. MATHER BLVD. & BEAR HOLLOW DR. LOGISTICENTER AT RANCHO CORDOVA SHEET INDEX OF DRAWINGS SHEET TITLE VICINITY MAP Landscape Architect Ph: (510) 353-3952 Contact: Francisco Castellanos PROJECT SITE Architect Ware Malcomb 4683 Chabot Drive, Suite 300 Ph: (925) 480-6146 Contact: Leticia DeBrito Pleasanton, CA 94588 North ima 344 20th Street Oakland, CA 94612 Entitlement Package PROJECT SITE Owner SEQ. Dermody Properties 5500 Equity Avenue Ph: (775) 335-0126 Contact: Elizabeth Teske Reno, NV 89502 SITE MAP North L-1 L-2 L-3 L-4 L-5 L-6 L-7 1 2
3 4
5 6
7 Landscape Title Sheet Conceptual Planting Plan Conceptual Irrigation Plan Employee Patio Enlargement Planting Imagery Overall Illustrative Conceptual Shade Plan FCBA21155
LOGISTICENTER AT
BEAR HOLLOW DRIVE
RANCHO CORDOVA, CA 95670
DATE REMARKS
architecture
planning
interiors
graphics
civil engineering
4683 Chabot Dr #300
Pleasanton, CA 94588
P 925.244.9620
F 925.244.9621 JOB NO.: DRAWN BY.: PA/PM: SHEET
THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF WARE MALCOMB AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH WARE MALCOMB. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF WARE MALCOMB PRIOR TO THE COMMENCEMENT OF ANY WORK CAUTION: IF THIS SHEET IS NOT 30"x42" IT IS A REDUCED PRINT 12-14-2021 PLANNING SUBMITTAL RANCHO CORDOVA
Use of the plans and specifications contained
herein shall be restricted to the original site for
which they were prepared; publication thereof is
expressly limited to such use. Reproduction,
publication, or reuse by any method, in whole orin part, without the express written consent of imais prohibited. Title to said plans remains the soleproperty of ima; visual contact shall constitute acceptance of these restrictions. SIGNATURE DATE
01-21-2022 2ND PLANNING SUBMITTAL
05-04-2022 CITY COUNCIL REVISIONS
HWY 50
HWY 50
CA-16 MATHER AIRPORT
ITEM 18.1. ATTACHMENT 1
L-2 N O R T H S C A L E: 1" = 50' - 0" 0 25 50 100
CONCEPTUAL PLANTING PLAN FCBA21155
LOGISTICENTER AT
BEAR HOLLOW DRIVE
RANCHO CORDOVA, CA 95670
DATE REMARKS
architecture
planning
interiors
graphics
civil engineering
4683 Chabot Dr #300
Pleasanton, CA 94588
P 925.244.9620
F 925.244.9621 JOB NO.: DRAWN BY.: PA/PM: SHEET
THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF WARE MALCOMB AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH WARE MALCOMB. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF WARE MALCOMB PRIOR TO THE COMMENCEMENT OF ANY WORK CAUTION: IF THIS SHEET IS NOT 30"x42" IT IS A REDUCED PRINT 12-14-2021 PLANNING SUBMITTAL RANCHO CORDOVA
Use of the plans and specifications contained
herein shall be restricted to the original site for
which they were prepared; publication thereof is
expressly limited to such use. Reproduction,
publication, or reuse by any method, in whole orin part, without the express written consent of imais prohibited. Title to said plans remains the soleproperty of ima; visual contact shall constitute acceptance of these restrictions. SIGNATURE DATE
01-21-2022 2ND PLANNING SUBMITTAL
05-04-2022 CITY COUNCIL REVISIONS TREE LEGEND - SUNSET ZONE 14 SYMBOLS SIZE SPACING QTY. REMARKS LANDSCAPE AREA: 147,861 S.F. PROJECT TYPE: PRIVATE WATER SOURCE: POTABLE PERCENTAGE OF EVERGREEN TREES: 58% LAGERSTROEMIA INDICA 'NATCHEZ' 48" BOX PER PLAN DECIDUOUS, MULTI-TRUNK LAURUS NOBILIS 24" BOX EVERGREEN, LOW BRANCHING PISTACIA CHINENSIS 24" BOX 8 OLEA EUROPAEA 'SWAN HILL' 48" BOX EVERGREEN, STANDARD WUCOLS LOW VERY LOW BIO-RETENTION BASINS LEGEND - SUNSET ZONE 14 SYMBOLS SIZE SPACING QTY. BACCHARIS PILULARIS 6' W X 1' H 6' W X 2' H 5' O.C. CAREX DIVULSA 24" O.C. 2' W X 2' H ARCTOSTAPHYLOS DENSIFLORA 'HOWARD MCMINN' 5 GAL. 6' O.C. - 6' W X 6' H --- ACACIA REDOLENS 'DESERT CARPET' ROSMARINUS OFFICINALIS 'HUNTINGTON CARPET' GROUNDCOVER LEGEND - SUNSET ZONE 14 SYMBOLS SIZE SPACING QTY. 1 GAL. 5' O.C. 6' W X 1' H 1 GAL. 6' O.C. 6' W X 2' H-- SHRUB LEGEND - SUNSET ZONE 14 SIZE SPACING QTY. MYRTUS COMMUNIS 'COMPACTA' 5 GAL. 36" O.C. 3' W X 3' H DIETES IRIDIOIDES 5 GAL. 30" O.C. 2' W X 2' H CALLISTEMON 'LITTLE JOHN' 5 GAL. 48" O.C. 5' W X 4' H SYMBOLS PRUNUS CAROLINIANA 'BRIGHT N TIGHT' 5 GAL. 6' W X 10' H -
-97
8 BOTANIC NAME FORTNIGHT LILY DWARF MYRTLE CAROLINA LAUREL CHERRY DWARF CALLISTEMON COMMON NAME WUCOLS BOTANIC NAME COMMON NAME NATCHEZ CRAPE MYRTLE SWEET BAY COAST LIVE OAK CHINESE PISTACHE SWAN HILL OLIVE 48" BOX LOW 311440 4 WUCOLS HUNTINGTON CARPET ROSEMARY BOTANIC NAME COMMON NAME BOTANIC NAME COMMON NAME WUCOLS DESERT CARPET ACACIA MCMINN MANZANITA COYOTE BUSH EUROPEAN GREY SEDGE LOW LOW LOW LOW LOW LOW LOW LOW SUMMARY DATA VINE LEGEND - SUNSET ZONE 14 SYMBOLS SIZE SPACING QTY. REMARKS 14 WUCOLS MODERATE BOTANIC NAME COMMON NAME FICUS PUMILA CREEPING FIG 5 GAL. SELF- ATTACHING TO METAL SCREEN MATURE SIZE: 12' W X 25' H MATURE SIZE MATURE SIZE MATURE SIZE ULMUS PARVIFOLIA 'TRUE GREEN' TRUE GREEN CHINESE ELM 24" BOX 14 PER PLAN6' O.C. 16' O.C.6' O.C. QUERCUS AGRIFOLIA DECIDUOUS, STANDARD EVERGREEN, STANDARD DECIDUOUS, STANDARD LOW MODERATE PER PLAN PER PLAN PER PLAN PER PLAN PER PLAN LOW 1 GAL. 1 GAL. 1 GAL. LOW LOW ACACIA REDOLENS 'DESERT CARPET' DESERT CARPET ACACIA ARBUTUS 'MARINA' MARINA STRAWBERRY TREE 24" BOX 37 EVERGREEN, LOW BRANCHING PER PLAN LOW MATURE SIZE 20' W X 25' H 25' W X 30' H 60' W X 50' H 20' W X 20' H 75' W X 65' H 70' W X 60' H 35' W X 35' H PLATANUS ACERIFOLIA LONDON PLANE 24" BOX 19 DECIDUOUS, STANDARD PER PLAN MODERATE 40' W X 80' H CEDRUS DEODARA 24" BOX PER PLAN EVERGREEN, STANDARD DEODAR CEDAR 28 LOW 48' W X 80' H LIMIT OF WORK
LIMIT OF WORK
LIMIT OF WORK BIO-RETENTION BASIN PLANTING SHRUB AND GROUNDCOVER PLANTING, TYP. BIO-RETENTION BASIN PLANTING SHRUB AND GROUNDCOVER PLANTING, TYP. SHRUB AND GROUNDCOVER PLANTING, TYP. CONCRETE PAVING PROPERTY LINE PROPERTY LINE
NORTH MATHER BOULEVARD
BEAR HOLLOW DRIVE PROPERTY LINE SCREENING FENCE ENLARGEMENT A SHEET L-4 NOTES: 1. OVER 30% OF PROPOSED TREES ARE REQUIRED TO BE EVERGREEN 2. ROOT BARRIERS ARE REQUIRED FOR ALL TREES PLANTED WITHIN 10' OF PAVING OR HARDSCAPE. 3. MINIMUM 3" DEPTH BARK MULCH IN ALL LANDSCAPE PLANTERS. 4. APPLY PRE-EMERGENT IN ALL NON-SEEDED LANDSCAPE AREAS. 5. INSTALL A WEED CONTROL LAYER IN ALL BARK AND/OR ROCK AREAS (AS APPLICABLE). SIGHT TRIANGLE, TYP. PLANTED DWARF ROSEMARY 20'
20'
SIGHT TRIANGLE, TYP. PLANTED DWARF ROSEMARY GATE
20'
20' BIO-RETENTION BASIN PLANTING SIGHT TRIANGLE, TYP. PLANTED DWARF ROSEMARY 20'
20'
20' 20'
20'
20'
20'
20' FENCE AT BASIN
ITEM 18.1. ATTACHMENT 1
S2 MH: 24 S2 MH: 24 S2MH: 24 S2MH: 24 S2MH: 24
A
M
F L-3
CONCEPTUAL IRRIGATION PLAN N O R T H S C A L E: 1" = 50' - 0" 0 25 50 100 FCBA21155
LOGISTICENTER AT
BEAR HOLLOW DRIVE
RANCHO CORDOVA, CA 95670
DATE REMARKS
architecture
planning
interiors
graphics
civil engineering
4683 Chabot Dr #300
Pleasanton, CA 94588
P 925.244.9620
F 925.244.9621 JOB NO.: DRAWN BY.: PA/PM: SHEET
THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF WARE MALCOMB AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH WARE MALCOMB. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF WARE MALCOMB PRIOR TO THE COMMENCEMENT OF ANY WORK CAUTION: IF THIS SHEET IS NOT 30"x42" IT IS A REDUCED PRINT 12-14-2021 PLANNING SUBMITTAL RANCHO CORDOVA
Use of the plans and specifications contained
herein shall be restricted to the original site for
which they were prepared; publication thereof is
expressly limited to such use. Reproduction,
publication, or reuse by any method, in whole orin part, without the express written consent of imais prohibited. Title to said plans remains the soleproperty of ima; visual contact shall constitute acceptance of these restrictions. SIGNATURE DATE
01-21-2022 2ND PLANNING SUBMITTAL
05-04-2022 CITY COUNCIL REVISIONS LEGEND SYMBOL DESCRIPTION IRRIGATION POINT-OF-CONNECTION - WATER METER FOR IRRIGATION SERVICE PROVIDED BY CIVIL ENGINEER (PROPOSED LOCATION TO BE CONFIRMED) A IRRIGATION 'SMART' CONTROLLER (PROPOSED LOCATION TO BE CONFIRMED) REDUCED PRESSURE BACKFLOW PREVENTER / ENCLOSURE - 2-INCH SIZE (PROPOSED LOCATION TO BE CONFIRMED) NOTE: STATIC WATER PRESSURE READING AT THE POINT-OF-CONNECTION FOR THE IRRIGATION SYSTEM IS 60 PSI. STATIC WATER PRESSURE READING WAS PROVIDED BY GOLDEN STATE WATER COMPANY ON 10/19/2021. CONTRACTOR TO VERIFY STATIC WATER PRESSURE IN FIELD PRIOR TO CONSTRUCTION. IR SERIES FLOW SENSOR - PVC HOUSING - 2-INCH SIZE (PROPOSED LOCATION TO BE CONFIRMED) MASTER CONTROL VALVE - 2-INCH SIZE (PROPOSED LOCATION TO BE CONFIRMED) F
M PIPING SLEEVE UNDER PAVED AREA NOTE: SLEEVING LOCATIONS SHOWN ARE CONCEPTUAL AND ARE SUBJECT TO CHANGE BASED ON THE FINAL IRRIGATION DESIGN. NOTES: 1. TREES ON SEPARATE BUBBLERS - ZONE 38 FOR LOW WATER USE AND ZONE 37 FOR MODERATE WATER USE. 2. TREES WITH DIFFERENT WATERING REQUIREMENTS TO BE ON SEPARATE VALVES. RRIGATION CALCUL ATIONS ZONE 1 ZONE 2 ZONE 3 ZONE 4 ZONE 5 ZONE 6 ZONE 7 ZONE 8 ZONE 9 ZONE 12 ZONE 11 ZONE 10 ZONE 13 ZONE 14 ZONE 15 ZONE 17 ZONE 18 ZONE 19 ZONE 20 ZONE 21 ZONE 23 ZONE 25ZONE 26 ZONE 27 ZONE 31 ZONE 33 ZONE 32 ZONE 34 ZONE 28 ZONE 36
NORTH MATHER BOULEVARD
BEAR HOLLOW DRIVE ZONE 16 ZONE 22 ZONE 24 ZONE 29 ZONE 30 ZONE 35 - 20%4.5' 15.94 89.5 A-19 120 - FURTHEST VALVE SYSTEM 'A' XXX 4.5 85 60 -25 2" - 20%5' 2.5" 2.5" X" 3" 4" 1.5" 2.5" X-X/X" 2" 56.07 90A-18 124.3 2.2 456.3 4085 0 -
33.2 0.6604502.7 120 1.5" SYSTEM 'A' XXX
5 2"8560 123.6
26.2 0
-
33.2 0.6 5.804502.7 1.5" 2" 60 SYSTEM WATER PRESSURE 17 RESIDUAL PRESSURE (#17-#16) PUMP REQUIRED 18 ELEVATION LOSS PRESSURE REQUIRED AT CONTROL VALVE TOTAL PRESSURE REQUIRED (#14+15) TOTAL SYSTEM PRESSURE LOSS (SUM OF #1-#13) BACKFLOW PREVENTER LATERAL LINE LOSS ELECTRIC CONTROL VALVE MASTER CONTROL VALVE 1490 FEET OF MAIN LINE (TYPE CLASS 315) XXX FEET OF MAIN LINE (TYPE SCHEDULE 40) FITTING LOSS FLOW METER GATE VALVE BALL VALVE WATER SERVICE LINE WATER METER 31113141615124109876521 PRESSURE LOSS CALCULATIONS WATER METER NUMBER: HYDRAULIC GRADE LINE: ELEVATION DIFFERENCE: WATER METER SIZE: WATER METER ELEVATION: STATIC PRESSURE (PSI): ELECTRIC CONTROL VALVE SIZE: TOTAL METER GPM DEMAND: STATIC PRESSURE AT ECV: ELECTRIC CONTROL VALVE (ECV): RCV DEMAND: GPM ECV ELEVATION: SIZE DESCRIPTION NO. LOSS (PSI) - LARGEST VALVE ELEVATION LOSS BACKFLOW PREVENTER LATERAL PRESSURE LOSS ELECTRIC CONTROL VALVE MASTER CONTROL VALVE 1155 FEET OF MAIN LINE (TYPE CLASS 315) XXX FEET OF MAIN LINE (TYPE SCHEDULE 40) FITTING LOSS FLOW METER GATE VALVE BALL VALVE WATER SERVICE LINE WATER METER 31113124109876521 PRESSURE LOSS CALCULATIONS WATER METER NUMBER: HYDRAULIC GRADE LINE: ELEVATION DIFFERENCE: WATER METER SIZE: WATER METER ELEVATION: STATIC PRESSURE (PSI): ELECTRIC CONTROL VALVE SIZE: TOTAL METER GPM DEMAND: STATIC PRESSURE AT ECV: ELECTRIC CONTROL VALVE (ECV): RCV DEMAND: GPM ECV ELEVATION: SIZE DESCRIPTION NO. LOSS (PSI) NOTE: STATIC WATER PRESSURE READING AT THE POINT-OF-CONNECTION FOR THE IRRIGATION SYSTEM IS 60 PSI. STATIC WATER PRESSURE READING WAS PROVIDED BY GOLDEN STATE WATER COMPANY ON 10/11/2021. CONTRACTOR TO VERIFY STATIC WATER PRESSURE IN FIELD PRIOR TO CONSTRUCTION. 2" 2.5" 2.5" X" 3" 4" 1.5" 2.5" X-X/X" 2" 110 25 PUMP SETTING 19 RESIDUAL PRESSURE (#19-#16) 20 60 -24.1 45 39.1 84.1 SYSTEM WATER PRESSURE 17 RESIDUAL PRESSURE (#17-#16) PUMP REQUIRED 18 PRESSURE REQUIRED AT CONTROL VALVE TOTAL PRESSURE REQUIRED (#14+15) TOTAL SYSTEM PRESSURE LOSS (SUM OF #1-#13) 141615 110 25.9 PUMP SETTING 19 RESIDUAL PRESSURE (#19-#16) 20 IRRIGATION DESIGN INTENT CONSUMING WATER FOR IRRIGATION IN EXCESSIVE AMOUNTS HAS BECOME MORE EXPENSIVE. THE PROPOSED PROJECT'S IRRIGATION SYSTEM WILL BE DESIGNED TO COMPLY WITH THE STATE OF CALIFORNIA WATER CONSERVATION IN LANDSCAPING ACT 2006 AND THE CALIFORNIA CODE OF REGULATIONS TITLE 23, DIVISION 2, CHAPTER 2.7, AND EXECUTIVE ORDER B-29-15. IRRIGATION SYSTEM OVERVIEW THE IRRIGATION SYSTEM WILL BE SUPPLIED WITH NON-POTABLE WATER FROM A NEW IRRIGATION-USE WATER METER. THE WATER METER WILL OPERATE A DEDICATED, REDUCED-PRESSURE TYPE BACKFLOW PREVENTER ASSEMBLY TO PROTECT THE NON-POTABLE WATER SYSTEM. THE IRRIGATION SYSTEM WILL UTILIZE A HIGH EFFICIENCY IRRIGATION SYSTEM TO INCLUDE A SMART CONTROLLER, DRIP IRRIGATION AND POP-UP LOW SPRINKLERS. TREES WILL BE IRRIGATED ON A BUBBLER SYSTEM FOR DEEP ROOT WATERING. ALL IRRIGATION SYSTEMS ON THE SITE SHALL BE DESIGNED TO PREVENT RUNOFF, OVER-SPRAY, LOW HEAD DRAINAGE AND OTHER SIMILAR CONDITIONS WHERE WATER FLOWS OUT OF THE DESIGNATED LANDSCAPE AREA. DESCRIPTION LOW WATER USE PLANT MATERIAL WITH SUBSURFACE DRIP IRRIGATION SYMBOL LOW WATER USE PLANT MATERIAL WITH PRESSURE-REGULATED OVERHEAD SPRAY SPRINKLERS (BIO-FILTRATION BASIN) IRRIGATION HYDROZONE LEGEND ITEM 18.1. ATTACHMENT 1
ITEM 18.1. ATTACHMENT 1
S2 MH: 24 S2MH: 24 S2MH: 24 S2MH: 24 S2MH: 24 L-2 N O R T H S C A L E: 1" = 50' - 0" 0 25 50 100 CONCEPTUAL PLANTING PLAN FCBA21155
LOGISTICENTER AT
BEAR HOLLOW DRIVE
RANCHO CORDOVA, CA 95670
DATE REMARKS
architecture
planning
interiors
graphics
civil engineering
4683 Chabot Dr #300
Pleasanton, CA 94588
P 925.244.9620
F 925.244.9621 JOB NO.: DRAWN BY.: PA/PM: SHEET
THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF WARE MALCOMB AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH WARE MALCOMB. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF WARE MALCOMB PRIOR TO THE COMMENCEMENT OF ANY WORK CAUTION: IF THIS SHEET IS NOT 30"x42" IT IS A REDUCED PRINT 12-14-2021 PLANNING SUBMITTAL RANCHO CORDOVA
Use of the plans and specifications contained
herein shall be restricted to the original site for
which they were prepared; publication thereof is
expressly limited to such use. Reproduction,
publication, or reuse by any method, in whole orin part, without the express written consent of imais prohibited. Title to said plans remains the soleproperty of ima; visual contact shall constitute acceptance of these restrictions. SIGNATURE DATE
01-21-2022 2ND PLANNING SUBMITTAL
05-04-2022 CITY COUNCIL REVISIONS TREE LEGEND - SUNSET ZONE 14 SYMBOLS SIZE SPACING QTY. REMARKS LANDSCAPE AREA: 147,861 S.F. PROJECT TYPE: PRIVATE WATER SOURCE: POTABLE PERCENTAGE OF EVERGREEN TREES: 58% LAGERSTROEMIA INDICA 'NATCHEZ' 48" BOX PER PLAN DECIDUOUS, MULTI-TRUNK LAURUS NOBILIS 24" BOX EVERGREEN, LOW BRANCHING PISTACIA CHINENSIS 24" BOX 8 OLEA EUROPAEA 'SWAN HILL' 48" BOX EVERGREEN, STANDARD WUCOLS LOW VERY LOW BIO-RETENTION BASINS LEGEND - SUNSET ZONE 14 SYMBOLS SIZE SPACING QTY. BACCHARIS PILULARIS 6' W X 1' H 6' W X 2' H 5' O.C. CAREX DIVULSA 24" O.C. 2' W X 2' H ARCTOSTAPHYLOS DENSIFLORA 'HOWARD MCMINN' 5 GAL. 6' O.C. - 6' W X 6' H --- ACACIA REDOLENS 'DESERT CARPET' ROSMARINUS OFFICINALIS 'HUNTINGTON CARPET' GROUNDCOVER LEGEND - SUNSET ZONE 14 SYMBOLS SIZE SPACING QTY. 1 GAL. 5' O.C. 6' W X 1' H 1 GAL. 6' O.C. 6' W X 2' H-- SHRUB LEGEND - SUNSET ZONE 14 SIZE SPACING QTY. MYRTUS COMMUNIS 'COMPACTA' 5 GAL. 36" O.C. 3' W X 3' H DIETES IRIDIOIDES 5 GAL. 30" O.C. 2' W X 2' H CALLISTEMON 'LITTLE JOHN' 5 GAL. 48" O.C. 5' W X 4' H SYMBOLS PRUNUS CAROLINIANA 'BRIGHT N TIGHT' 5 GAL. 6' W X 10' H -
-97
8 BOTANIC NAME FORTNIGHT LILY DWARF MYRTLE CAROLINA LAUREL CHERRY DWARF CALLISTEMON COMMON NAME WUCOLS BOTANIC NAME COMMON NAME NATCHEZ CRAPE MYRTLE SWEET BAY COAST LIVE OAK CHINESE PISTACHE SWAN HILL OLIVE 48" BOX LOW 311440 4 WUCOLS HUNTINGTON CARPET ROSEMARY BOTANIC NAME COMMON NAME BOTANIC NAME COMMON NAME WUCOLS DESERT CARPET ACACIA MCMINN MANZANITA COYOTE BUSH EUROPEAN GREY SEDGE LOW LOW LOW LOW LOW LOW LOW LOW SUMMARY DATA VINE LEGEND - SUNSET ZONE 14 SYMBOLS SIZE SPACING QTY. REMARKS 14 WUCOLS MODERATE BOTANIC NAME COMMON NAME FICUS PUMILA CREEPING FIG 5 GAL. SELF- ATTACHING TO METAL SCREEN MATURE SIZE: 12' W X 25' H MATURE SIZE MATURE SIZE MATURE SIZE ULMUS PARVIFOLIA 'TRUE GREEN' TRUE GREEN CHINESE ELM 24" BOX 14 PER PLAN6' O.C. 16' O.C.6' O.C. QUERCUS AGRIFOLIA DECIDUOUS, STANDARD EVERGREEN, STANDARD DECIDUOUS, STANDARD LOW MODERATE PER PLAN PER PLAN PER PLAN PER PLAN PER PLAN LOW 1 GAL. 1 GAL. 1 GAL. LOW LOW ACACIA REDOLENS 'DESERT CARPET' DESERT CARPET ACACIA ARBUTUS 'MARINA' MARINA STRAWBERRY TREE 24" BOX 37 EVERGREEN, LOW BRANCHING PER PLAN LOW MATURE SIZE 20' W X 25' H 25' W X 30' H 60' W X 50' H 20' W X 20' H 75' W X 65' H 70' W X 60' H 35' W X 35' H PLATANUS ACERIFOLIA LONDON PLANE 24" BOX 19 DECIDUOUS, STANDARD PER PLAN MODERATE 40' W X 80' H CEDRUS DEODARA 24" BOX PER PLAN EVERGREEN, STANDARD DEODAR CEDAR 28 LOW 48' W X 80' H 36" BOX LIMIT OF WORK
LIMIT OF WORK
LIMIT OF WORK BIO-RETENTION BASIN PLANTING SHRUB AND GROUNDCOVER PLANTING, TYP. BIO-RETENTION BASIN PLANTING SHRUB AND GROUNDCOVER PLANTING, TYP. SHRUB AND GROUNDCOVER PLANTING, TYP. CONCRETE PAVING PROPERTY LINE PROPERTY LINE
NORTH MATHER BOULEVARD
BEAR HOLLOW DRIVE PROPERTY LINE SCREENING FENCE ENLARGEMENT A SHEET L-4 NOTES: 1. OVER 30% OF PROPOSED TREES ARE REQUIRED TO BE EVERGREEN 2. ROOT BARRIERS ARE REQUIRED FOR ALL TREES PLANTED WITHIN 10' OF PAVING OR HARDSCAPE. 3. MINIMUM 3" DEPTH BARK MULCH IN ALL LANDSCAPE PLANTERS. 4. APPLY PRE-EMERGENT IN ALL NON-SEEDED LANDSCAPE AREAS. 5. INSTALL A WEED CONTROL LAYER IN ALL BARK AND/OR ROCK AREAS (AS APPLICABLE). SIGHT TRIANGLE, TYP. PLANTED DWARF ROSEMARY 20'
20'
SIGHT TRIANGLE, TYP. PLANTED DWARF ROSEMARY GATE
20'
20' BIO-RETENTION BASIN PLANTING SIGHT TRIANGLE, TYP. PLANTED DWARF ROSEMARY 20'
20'
20' 20'
20'
20'
20'
20' FENCE AT BASIN TREE BOX SIZE DIAGRAM LEGEND COLOR QTY. 151 SIZE 48" BOX 24" BOX 36" BOX 1826 TOTAL PERCENTAGE 78% 9%13% ITEM 18.1. ATTACHMENT 1
L-5
PLANTING IMAGERY FCBA21155
LOGISTICENTER AT
BEAR HOLLOW DRIVE
RANCHO CORDOVA, CA 95670
DATE REMARKS
architecture
planning
interiors
graphics
civil engineering
4683 Chabot Dr #300
Pleasanton, CA 94588
P 925.244.9620
F 925.244.9621 JOB NO.: DRAWN BY.: PA/PM: SHEET
THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF WARE MALCOMB AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH WARE MALCOMB. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF WARE MALCOMB PRIOR TO THE COMMENCEMENT OF ANY WORK CAUTION: IF THIS SHEET IS NOT 30"x42" IT IS A REDUCED PRINT 12-14-2021 PLANNING SUBMITTAL RANCHO CORDOVA
Use of the plans and specifications contained
herein shall be restricted to the original site for
which they were prepared; publication thereof is
expressly limited to such use. Reproduction,
publication, or reuse by any method, in whole orin part, without the express written consent of imais prohibited. Title to said plans remains the soleproperty of ima; visual contact shall constitute acceptance of these restrictions. SIGNATURE DATE
01-21-2022 2ND PLANNING SUBMITTAL
05-04-2022 CITY COUNCIL REVISIONS TREES LAGERSTROEMIA INDICA 'NATCHEZ' LAURUS NOBILIS OLEA EUROPAEA 'SWAN HILL' PISTACIA CHINENSIS SHRUBS AND VINES GROUNDCOVERS / BIO-RETENTION BASINS DIETES IRIDIOIDES MYRTUS COMMUNIS 'COMPACTA' PRUNUS CAROLINIANA FICUS PUMILA 'BRIGHT N TIGHT' ARCTOSTAPHYLOS DENSIFLORA 'HOWARD MCMINN' BACCHARIS PILULARIS ULMUS PARVIFOLIA ROSMARINUS OFFICINALIS 'HUNTINGTON CARPET' ACACIA REDOLENS 'DESERT CARPET' CALLISTEMON 'LITTLE JOHN' CAREX DIVULSA QUERCUS AGRIFOLIA 'COAST LIVE OAK' ARBUTUS MARINA 'MARINA STRAWBERRY TREE" PLATANUS ACERFOLIA 'LONDON PLANE' CEDRUS DEODARA 'DEODAR CEDAR' ITEM 18.1. ATTACHMENT 1
© L A U G E N O U R A N D M E I K L E © L E G U A N O U R A N D M E I K L E APPROVED BY:
SACRAMENTO METRO FIRE DATE
ITEM 18.1. ATTACHMENT 1
LOGISTIC CENTER AT
RANCHO CORDOVA
RANCHO CORDOVA, CA
CONCEPTUAL DESIGN
SNR21-0064-00
05.04.2022
TOTAL PAGES IN THIS PACKAGE: 10
ITEM 18.1. ATTACHMENT 1
PAGE 2 LOGISTIC CENTER AT RANCHO CORDOVA 05.04.2022
RANCHO CORDOVA, CA- SNR21-0064-00
CURRENT LANDSCAPING This conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is intended merely to assist in exploring how the project might be developed. Signage shown is for illustrative purposes only and does not necessarily reflect municipal code compliance. All colors shown are for representative purposes only. Refer to material samples for actual color verification.
LANDSCAPING AT TIME OF PLANTING
ITEM 18.1. ATTACHMENT 1
PAGE 3 LOGISTIC CENTER AT RANCHO CORDOVA 05.04.2022
RANCHO CORDOVA, CA- SNR21-0064-00
CURRENT LANDSCAPING This conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is intended merely to assist in exploring how the project might be developed. Signage shown is for illustrative purposes only and does not necessarily reflect municipal code compliance. All colors shown are for representative purposes only. Refer to material samples for actual color verification.
LANDSCAPING AT TIME OF PLANTING
ITEM 18.1. ATTACHMENT 1
PAGE 4 LOGISTIC CENTER AT RANCHO CORDOVA 05.04.2022
RANCHO CORDOVA, CA- SNR21-0064-00
CURRENT LANDSCAPING This conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is intended merely to assist in exploring how the project might be developed. Signage shown is for illustrative purposes only and does not necessarily reflect municipal code compliance. All colors shown are for representative purposes only. Refer to material samples for actual color verification.
LANDSCAPING AT TIME OF PLANTING
ITEM 18.1. ATTACHMENT 1
PAGE 5 LOGISTIC CENTER AT RANCHO CORDOVA 05.04.2022
RANCHO CORDOVA, CA- SNR21-0064-00
FUTURE LANDSCAPING This conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is intended merely to assist in exploring how the project might be developed. Signage shown is for illustrative purposes only and does not necessarily reflect municipal code compliance. All colors shown are for representative purposes only. Refer to material samples for actual color verification.
LANDSCPAING AFTER 5 YEARS
ITEM 18.1. ATTACHMENT 1
PAGE 6 LOGISTIC CENTER AT RANCHO CORDOVA 05.04.2022
RANCHO CORDOVA, CA- SNR21-0064-00
FUTURE LANDSCAPING This conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is intended merely to assist in exploring how the project might be developed. Signage shown is for illustrative purposes only and does not necessarily reflect municipal code compliance. All colors shown are for representative purposes only. Refer to material samples for actual color verification.
LANDSCPAING AFTER 5 YEARS
ITEM 18.1. ATTACHMENT 1
PAGE 7 LOGISTIC CENTER AT RANCHO CORDOVA 05.04.2022
RANCHO CORDOVA, CA- SNR21-0064-00
FUTURE LANDSCAPING This conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is intended merely to assist in exploring how the project might be developed. Signage shown is for illustrative purposes only and does not necessarily reflect municipal code compliance. All colors shown are for representative purposes only. Refer to material samples for actual color verification.
LANDSCPAING AFTER 5 YEARS
ITEM 18.1. ATTACHMENT 1
PAGE 8 LOGISTIC CENTER AT RANCHO CORDOVA 05.04.2022
RANCHO CORDOVA, CA- SNR21-0064-00
FUTURE LANDSCAPING This conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is intended merely to assist in exploring how the project might be developed. Signage shown is for illustrative purposes only and does not necessarily reflect municipal code compliance. All colors shown are for representative purposes only. Refer to material samples for actual color verification.
LANDSCPAING AFTER 10 YEARS
ITEM 18.1. ATTACHMENT 1
PAGE 9 LOGISTIC CENTER AT RANCHO CORDOVA 05.04.2022
RANCHO CORDOVA, CA- SNR21-0064-00
FUTURE LANDSCAPING This conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is intended merely to assist in exploring how the project might be developed. Signage shown is for illustrative purposes only and does not necessarily reflect municipal code compliance. All colors shown are for representative purposes only. Refer to material samples for actual color verification.
LANDSCPAING AFTER 10 YEARS
ITEM 18.1. ATTACHMENT 1
PAGE
10 LOGISTIC CENTER AT RANCHO CORDOVA 05.04.2022
RANCHO CORDOVA, CA- SNR21-0064-00
FUTURE LANDSCAPING This conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is intended merely to assist in exploring how the project might be developed. Signage shown is for illustrative purposes only and does not necessarily reflect municipal code compliance. All colors shown are for representative purposes only. Refer to material samples for actual color verification.
LANDSCPAING AFTER 10 YEARS
ITEM 18.1. ATTACHMENT 1
ITEM 18.1. ATTACHMENT 2
DRAFT CONDITIONS OF APPROVAL
City Council Logisticenter at Rancho Cordova
Major Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
On-Going Conditions
1. The approved entitlement is for a Major Design Review Permit for the Logisticenter at Rancho Cordova as
described in the City Council staff report dated July 18, 2022 and attached Project Plans (Exhibit A) with conditions herein (Exhibit B), for project number PLND–1021-0015.
Project
Description
On-Going Planning
2. Applicant(s) agree to defend, indemnify and hold harmless with Counsel selected by the City of Rancho Cordova
(“City”) and its agents, officers, consultants, and employees (“City’s Agents”) from any and all claims, actions, suits, or proceedings against the City or the City’s Agents to attack, set aside, void, or annul an approval by the City, or the City’s Agents concerning the project (collectively “Claim”).
The City shall promptly notify the Applicant of any Claim and the City shall cooperate fully in the defense. Nothing in this paragraph obligates the City to defend any Claim and the City is not required to pay or perform any
settlement arising from any such Claim not defended by the City, unless the settlement is approved in writing by the City.
General On-Going Planning
3. Any future alteration to the buildings, change in use, intensification of the site, or modification to the parking and landscaped area must be reviewed by the City to ensure
compliance with all local, state, and federal regulations.
Minor modifications that are found to be in substantial conformance with the approved plans such as colors, plant materials, or minor lot line adjustments, may be approved administratively. Major modifications shall be approved by the applicable decision making body.
General On-Going Planning
4. Applicant/Developer shall not carry a negative account General On-Going Planning
ITEM 18.1. ATTACHMENT 2
DRAFT CONDITIONS OF APPROVAL
City Council Logisticenter at Rancho Cordova
Major Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
balance with the City for the processing of the project. If a negative account balance occurs, it will be the developer's responsibility to pay the balance due, in order to avoid delays in the processing of future permits or recordation of maps. Please email the Finance Department at
[email protected] for the status of your account with the City.
5. The Permit is valid for a period of three (3) years from the date of City Council approval unless an extension is
granted by the Community Development Director or
substantial construction of the permitted use or project has commenced and is diligently pursued to completion.
Expiration On-Going Planning
6. Noise sources associated with construction, repair,
remodeling, demolition, paving and/or grading of any real property must adhere to the development standards
outlined within the City’s Noise Element, RCMC 6.68 and RCMC 16.18.1407(F).
Noise On-Going Code Enforcement
/Building
7. The removal and replanting of landscape not listed on the approved plan set must be consistent with RCMC
23.716.080 through 23.716.090 and reviewed by the
Planning Department prior to the removal. All landscape care, maintenance, and tree pruning must adhere to RCMC
23.716.100 through 23.716.110.
Landscaping On-Going Planning
8. PG&E has existing gas distribution facilities within a Public Utility Easement (PUE) along N. Mather Blvd and Bear
Hollow Drive in the area of the proposed landscaping. The Company strongly suggests all vegetation be kept a
minimum of 5-feet away from distribution lines for safety access.
Landscaping On-Going PG&E
9. Applicant shall be responsible for all damage to City streets associated with construction of the project and shall repair Sidewalk Repair On-Going Public Works
ITEM 18.1. ATTACHMENT 2
DRAFT CONDITIONS OF APPROVAL
City Council Logisticenter at Rancho Cordova
Major Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
any damage as soon as possible.
10. All storm drain facilities within private lots shall be privately maintained and shall be clearly labeled as “private” in the improvement plans.
Storm Drain
Facilities
On-Going Public Works
11. SASD Design Standards and Specifications require
minimum 6-inch lower laterals for commercial and industrial buildings.
Design Standards On-Going Sacramento Area
Sewer District
12. Construction of a grease trap or a sand oil separator may be required. The Applicant must verify with the applicable jurisdiction’s building department.
Grease Trap /
Sand Oil
Separator
On-Going Sacramento Area
Sewer District
13. If any proposed garbage enclosure will contain a drain to the sewer, it must be covered.
Trash Enclosure On-Going Sacramento Area
Sewer District
14. Any use of SASD sewer easements, which is not
compatible or interferes with the construction,
reconstruction, operation, maintenance, or repair of SASD sanitary sewer(s), must not be allowed. Each proposed
use must be reviewed and approved in writing by the
District Engineer prior to the use of the easement by the Grantor. This includes landscaping.
Sewer Easements On-Going Sacramento Area
Sewer District
15. SMUD has existing underground 12kV facilities along Bear Hollow Drive and N. Mather Boulevard that will need to
remain. The Applicant shall be responsible for maintain all CalOSHA and State of California Public Utilities
Commission General Order No. 128 safety clearances
during construction and upon building completion. If the required clearances cannot be maintained, the Applicant shall be responsible for the cost of relocation.
Existing
Underground
Utilities
On-Going SMUD
16. SMUD reserves the right to use any portion of its
easements on or adjacent to the subject property that it reasonably needs and shall not be responsible for any
damages to the developed property within said easement
Easements On-Going SMUD
ITEM 18.1. ATTACHMENT 2
DRAFT CONDITIONS OF APPROVAL
City Council Logisticenter at Rancho Cordova
Major Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
that unreasonably interferes with those needs.
17. In the event the Applicant requires the relocation or removal of existing SMUD facilities on or adjacent to the subject property, the Applicant shall coordinate with SMUD. The Applicant shall be responsible for the cost of relocation or removal.
Relocation or
Removal
On-Going SMUD
18. Any necessary future SMUD facilities located on the Applicant’s property shall require a dedicated SMUD
easement. This will be determined prior to SMUD
performing work on the Applicant’s property.
Future Facility On-Going SMUD
19. In the event the City requires an Irrevocable Offer of Dedication (IOD) for future roadway improvements, the
Applicant shall dedicate a 12.5-foot public utility easement (PUE) for overhead and/or underground facilities and
appurtenances adjacent to the City’s IOD.
Irrevocable Offer
of Dedication
On-Going SMUD
20. Any work outside of normal construction hours (7:00AM to 6:00PM) as dictated by the Public Works Department, must provide adequate notification to residents a minimum of 10 full days prior to first day of work. Notifications must be provided to City Staff for review prior to being mailed out and shall be sent out to all property owners and tenants west of Zinfandel Drive. Notification shall include the following:
Dates of construction/work
Requested hours of operation
A brief description of the type of work to be
completed and what types of noise can be
expected
Construction
Hours Notification
On-Going Throughout
Construction
Planning
Department
Prior to Approval of Grading Plans
21. Applicant shall complete the trip generation analysis to Trip Generation Prior to Approval of Public Works
ITEM 18.1. ATTACHMENT 2
DRAFT CONDITIONS OF APPROVAL
City Council Logisticenter at Rancho Cordova
Major Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
included an evaluation of the proposed site access
driveways to be approved by the Public Works Department.
Analysis Grading Plans
Prior to Approval of Improvement Plans
22. Show the design for a fire access roadway of not less than 20-feet of unobstructed width, 13-feet, 6-inches of vertical clearance, and turning radii of 25 feet inside and 50 feet outside dimension on the improvement plans. The access
roadway shall extend to within 150 feet of all portions of the exterior walls of the first story of any proposed building.
The use of turf-block or grass-crete or similar alternate road surfaces is not approved for installation in fire
apparatus access roadways.
Fire Access
Roadway
Prior to Approval of
Improvement Plans
Sacramento
Metropolitan Fire
Department
23. Show the design for a minimum of 2 remote fire access roadways. Remote fire access roadways shall be spaced a distance apart that is no less than ½ the diagonal
measurement of the overall project site.
Fire Access Prior to Approval of
Improvement Plans
Sacramento
Metropolitan Fire
Department
24. Show the design for aerial apparatus access. Aerial apparatus access shall conform to Sacramento Metro Fire Districts, Fire Prevention Standard #3.
Aerial Apparatus
Access
Prior to Approval of
Improvement Plans
Sacramento
Metropolitan Fire
Department
25. Show the design for an approved fire apparatus turnaround.
The fire apparatus turnaround shall conform to Sacramento Metro Fire Districts, Fire Prevention Standard #3. The fire access turn-around shall be located within 50 feet of the end of the access roadway.
Fire Apparatus
Turnaround
Prior to Approval of
Improvement Plans
Sacramento
Metropolitan Fire
Department
26. Show on the plan how Fire Lanes will be marked. Fire Lane identification shall be provided along the required fire access roadway. Fire Lane identification shall be in
accordance with the Sacramento Metro Fire Districts Fire Prevention Standard #3 and the California Vehicle Code.
Fire Lanes Prior to Approval of
Improvement Plans
Sacramento
Metropolitan Fire
Department
ITEM 18.1. ATTACHMENT 2
DRAFT CONDITIONS OF APPROVAL
City Council Logisticenter at Rancho Cordova
Major Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
Vehicle parking is prohibited on any street less than 28 feet in width. Vehicle parking is permitted on both sides of streets 36 feet or more in width. Roadway widths shall be measured between the gutter-line or edge of pavement on opposite sides of the road. Identification of fire apparatus access roadways may be required on private roads.
27. Provide a note on the plan that reads, “Fire apparatus access roads shall be designed and maintained to support the imposed live load of 80,000 pounds, with a maximum
axle load of 31,000 pounds, and meet Public Works
Standards for roadways. A report, prepared by a registered geotechnical engineer, verifying the ability of the road to bear the required minimum weight, shall be submitted with any plan indicating construction of roadway. Verification of constructed roadway shall be provided by a registered
geotechnical engineer prior to final of the project.”
Fire Apparatus
Access
Prior to Approval of
Improvement Plans
Sacramento
Metropolitan Fire
Department
28. Show the location of the required fire hydrants for this project on the improvement plans. Approved fire hydrants capable of providing the required fire flow for the protection of any and all structures shall be located along the fire apparatus access roadway. The required fire hydrants
shall be installed and operational prior to any construction or on-site storage of combustible materials. The minimum required fire flow for the protection of commercial
developments is 1,500 gallons per minute (gpm) at a
pressure of 20 pounds per square inch (psi) for a two-hour duration.
Fire Hydrants Prior to Approval of
Improvement Plans
Sacramento
Metropolitan Fire
Department
29. Provide Fire Access Agreement between all parcels
connected to and served by fire access. Fire Access
Agreement shall be recorded with the Public Recorders
Office having jurisdiction.
Fire Access
Agreement
Prior to Approval of
Improvement Plans
Sacramento
Metropolitan Fire
Department
ITEM 18.1. ATTACHMENT 2
DRAFT CONDITIONS OF APPROVAL
City Council Logisticenter at Rancho Cordova
Major Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
30. Provide Fire Access Roadway Maintenance Agreement
(RMA) between all parcels connected to and served by the fire access roadway. The Fire Access Roadway
Maintenance Agreement shall be recorded with the Public Recorders Office having jurisdiction. The roadway
maintenance agreement shall include the following:
Provisions for the necessary repair and maintenance of the roadway surface.
Removal of vegetation overgrowing the roadway and
infringing on the roadway clear vertical height of thirteen feet six inches (13’-6”) or width of twenty feet (20’)
Provisions for the maintenance, repair, and/or
replacement of NO PARKING-FIRE LANE signage or
striping
Provisions for the necessary repair and maintenance of vehicle and pedestrian access gates and opening
systems.
Fire Access
Roadway
Maintenance
Agreement
Prior to Approval of
Improvement Plans
Sacramento
Metropolitan Fire
Department
31. Drainage Study: Applicant shall prepare and submit a project specific drainage study that includes but is not limited to: a pre- and post-project drainage analysis of the project impacts, identification of offsite project impacts or required offsite improvements, and identification of
proposed connections to the City’s Storm Drainage System with adequate supporting calculations. The drainage study shall conform to the requirements of the Sacramento
City/County Drainage Manual (Volume 2), County of
Sacramento Improvement Standards (Section 9), and all
other applicable City standards. The drainage study must be developed and stamped by a Professional Engineer and determined by the City to be accurate and adequate.
Drainage Study Prior to Approval of
Improvement Plans
Public Works
32. Stormwater Quality- Post Construction Stormwater Prior to Approval of Public Works
ITEM 18.1. ATTACHMENT 2
DRAFT CONDITIONS OF APPROVAL
City Council Logisticenter at Rancho Cordova
Major Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
The improvement plans shall incorporate all applicable post construction stormwater quality measures; including source control, waste management areas) and low impact
development measures into the site improvement plans in conformance with the most recent version of the
Stormwater Quality Design Manual for the Sacramento
Region. The applicant shall prepare and submit a PostConstruction Stormwater Quality Control Plan that includes details and sizing calculations of all the proposed post construction stormwater quality measures. In addition, a maintenance covenant is required for all proposed post
construction stormwater quality measures, as detailed in Appendix B of the Stormwater Quality Design Manual for
the Sacramento Region.
Improvement Plans
33. Stormwater Quality– During Construction:
SWPPP – the applicant shall prepare a Storm Water
Pollution Prevention Plan (SWPPP) to be executed through all phases of grading and project construction. The SWPPP shall incorporate Best Management Practices (BMPs) to
ensure that potential water quality impacts during
construction phases are minimized. These measures shall be consistent with the City’s Improvement Standards and Land Grading and Erosion Control Ordinance. During
construction, the applicant shall implement BMPs in
accordance with the SWPPP and the City’s Improvement
Standards.
Advisory Condition: Construction General Permit
The project applicant shall file a Notice of Intent (NOI) to obtain coverage under the National Pollutant Discharge
Elimination System (NPDES) General Permit For Storm
Water Discharges Associated With Construction And Land
Stormwater
Quality
Prior to Approval of
Improvement Plans
Public Works
ITEM 18.1. ATTACHMENT 2
DRAFT CONDITIONS OF APPROVAL
City Council Logisticenter at Rancho Cordova
Major Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
Disturbance Activities (Construction General Permit).
Permits are issued by the State Water Resources Control Board.
34. The SWPPP for the site shall include a contingency plan for the implementation of a process to remove fine clay
sediments prior to discharge to the City of Rancho
Cordova’s storm drain system and/or Waters of the State (e.g., creeks, rivers) to the satisfaction of the City of Rancho Cordova. A polymer treatment system or
comparable process shall be incorporated in the erosion and sediment control plan as part of the improvement plans submittal.
SWPPP Prior to Approval of
Improvement Plans
Public Works
35. Drainage System Design:
The applicant shall submit and obtain City approval of plans and specifications for the construction of public
improvements and all grading. The drainage system shall be designed in accordance with the approved Drainage
Study to accommodate runoff from the ultimate
development and shall meet the City of Rancho Cordova’s Improvement Standards, construction standards, and
Floodplain Management Ordinances in effect at the time of improvement plans submittal.
Drainage System Prior to Approval of
Improvement Plans
Public Works
36. All development within the City must comply with the City of Rancho Cordova’s Floodplain Management Ordinance. All
new structures shall be protected from the 100-year (1
percent) flood event. Certified pad elevations (certified by a registered Civil Engineer or licensed Land Surveyor) shall be set at least one and two tenths foot (1.2') above all sources of 100-year flooding (see Section 9-1 of
improvement standards). The overland release path must
be shown on the improvement plans and the hydraulic
Floodplain
Management
Prior to Approval of
Improvement Plans
Public Works
ITEM 18.1. ATTACHMENT 2
DRAFT CONDITIONS OF APPROVAL
City Council Logisticenter at Rancho Cordova
Major Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
computation must be provided to estimate the flow depths along the overland release paths. The calculations must be in conformance with Section 9-15 of the Improvement
Standards.
37. Provide a permanent concrete stamp, or other permanently applied message to the satisfaction of the City not including paint, which reads “No Dumping-Flows to Creek” or other approved message at each storm drain inlet.
Concrete Stamp Prior to Approval of
Improvement Plans
Public Works
38. All storm drain facilities within private lots shall be privately maintained and shall be clearly labeled as “private” in the improvement plans.
Storm Drain
Facilities
Prior to Approval of
Improvement Plans
Public Works
39. Number, size, and location of driveways are subject to approval by the Public Works Department.
Driveways Prior to Approval of
Improvement Plans
Public Works
40. Enter into a frontage agreement and bond for construction of public improvements per the approved Public Works
plans to the satisfaction of the Public Works Department.
Frontage
Agreement
Prior to Approval of
Improvement Plans
Public Works
41. A final landscape plan shall be submitted in conjunction with improvement plan and or building permit submittal and approved by the planning and public works departments
prior to issuance of permits and/or any installation of landscape materials RCMC 23.716.020. The final
landscape planting and irrigation plan shall be prepared by a registered licensed landscape architect and include the following items per RCMC 22.180.060:
Planting plan to scale that indicate slope
Irrigation Plan
Soils Test
Water Use Calculations
Irrigation Schedule
Permeability test for LID facilities’ locations
Landscape Plan Prior to Approval of
Improvement Plans
Public Works
ITEM 18.1. ATTACHMENT 2
DRAFT CONDITIONS OF APPROVAL
City Council Logisticenter at Rancho Cordova
Major Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
Soil media specifications (LID features)
42. All landscape strips, medians, etc. that contain trees shall be designed to include continuous root barriers. Trees
shall be appropriately sized for their proposed planters.
Tree Installation Prior to Approval of
Improvement Plans
Public Works
43. All non-passenger and commercial vehicles shall utilize North Mather Boulevard for ingress and egress purposes.
All non-passenger and commercial vehicles shall only use Bear Hollow Drive to and from North Mather Boulevard.
Non-passenger and commercial vehicles shall not be
permitted to use Bear Hollow Drive north of the project site, Airpark Drive, Spoto Drive, Baroque Drive, or other
residential neighborhood roads. Traffic control devices shall be designed where needed to the satisfaction of the City Engineer.
Traffic Control Prior to Approval of
Improvement Plans
Public Works
44. Applicant shall install directional signage at truck exit on Bear Hollow drive that states “RIGHT TURN ONLY” to
guide trucks to N. Mather Boulevard. Additional signage shall also be placed at the N. Mather Boulevard driveway entrance signifying that no trucks are allowed in or out of the N. Mather Boulevard driveway.
Traffic Control Prior to Approval of
Improvement Plans
Planning
45. Provide a pedestrian connection adjacent to the proposed driveway access from the project site to N. Mather
Boulevard. Pedestrian access point on N. Mather shall also include additional signage pointing to ADA accessible route along Bear Hollow Drive.
Additional
Pedestrian
Connections
Prior to Approval of
Improvement Plans
Public Works
46. To obtain sewer service, construction of SASD sewer infrastructure will be required. Current SASD Standards and Specifications apply to any offsite or onsite public sewer construction or modification. These improvements
must be shown on the plans. Field modifications to new or Sewer
Infrastructure
Prior to Approval of
Improvement Plans
Sacramento Area
Sewer District
ITEM 18.1. ATTACHMENT 2
DRAFT CONDITIONS OF APPROVAL
City Council Logisticenter at Rancho Cordova
Major Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
existing precast manhole bases are not allowed.
47. SASD requires each building on each lot with a sewage source to have a separate connection to SASD’s sewer
system. If there is more than one building in any single parcel and the parcel is not proposed for split, then each building on that parcel must have a separate connection to a private onsite sewer line or a separate connection to the SASD public sewer line. These improvements must be
shown on the plans.
SASD
Connections
Prior to Approval of
Improvement Plans
Sacramento Area
Sewer District
48. Alignment of all main lines and structures must provide a minimum of 1-foot vertical clearance and 5 feet horizontal clearance from all other utilities and improvements. Sewer is to be located a minimum of 10 feet (measured
horizontally) from any structure or footing. Show public sanitary sewer and water supply facilities in accordance with the Health and Safety Code.
Sewer Clearances Prior to Approval of
Improvement Plans
Sacramento Area
Sewer District
49. The project has an approved Level 3 sewer study. Any changes to the approved study may require an addendum.
Sewer Study Prior to the
SUBMITTAL of
Improvement Plans
Sacramento Area
Sewer District
50. The Applicant shall dedicate a 12.5-foot public utility easement for overhead and/or underground facilities and appurtenances adjacent to all public street rights-of-way.
Easement
Dedications
Prior to Approval of
Improvement Plans
SMUD
51. The Applicant shall dedicate any private drive, ingress and egress easement, (and 10-feet adjacent thereto) as a public utility easement for (overhead and) underground facilities and appurtenances. All access roads shall meet minimum
SMUD requirements for access roads.
Easement
Dedications
Prior to Approval of
Improvement Plans
SMUD
52. Structural setbacks less than 14-feet shall require the applicant to conduct a pre-engineering meeting with all utilities to ensure property clearances are maintained.
Structural
Setbacks
Prior to Issuance of
Building Permit
SMUD
53. The Applicant shall not place any building foundations Utility Clearance Prior to Issuance of SMUD
ITEM 18.1. ATTACHMENT 2
DRAFT CONDITIONS OF APPROVAL
City Council Logisticenter at Rancho Cordova
Major Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
within 5-feet of any SMUD trench to maintain adequate
trench integrity. The Applicant shall verify specific clearance requirements for other utilities (e.g., Gas, Telephone, etc.).
Building Permit
54. The Applicant shall comply with SMUD siting requirements (e.g., panel size/location, clearances from SMUD
equipment, transformer location, service conductors).
Information regarding SMUD siting requirements can be
found at: https://www.smud.org/en/Business-Solutionsand-Rebates/Design-and-Construction-Services.
Siting
Requirements
Prior to Issuance of
Building Permit
SMUD
55. The Applicant shall dedicate and provide all-weather vehicular access for service vehicles that are up to 26,000 pounds. At a minimum: (a) the drivable surface shall be 20- feet wide; and (b) all SMUD underground equipment and
appurtenances shall be within 15-feet from the drivable surface.
Vehicular Access Prior to Issuance of
Building Permit
SMUD
Prior to Issuance of Building Permit
56. The Rancho Cordova Police Department has reviewed the plan design for the Logisticenter and has the following recommendations for the project:
Any glass doors should be secured with a deadbolt
lock with minimum throw of 1 inch. The outside ring
should be free moving.
The jamb on all aluminum frame swinging doors shall
be so constructed or protected to withstand 1600lbs. of pressure in both vertical distance of 3 inches and a
horizontal distance of 1 inch each side of the strike, so as to prevent violation of the strike.
Overhead roll-up doors should be so secured on the
RCPD
Recommendations
Prior to Issuance of
Building Permit
Rancho Cordova
Police Department
ITEM 18.1. ATTACHMENT 2
DRAFT CONDITIONS OF APPROVAL
City Council Logisticenter at Rancho Cordova
Major Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
inside that the lock cannot be defeated from the outside and should also be secured with a cylinder lock or
padlock from the inside.
Doors with glass panel and door with glass panels
adjacent to the door frame should be secured with
burglary-resistant glazing or the equivalent, if doublecylinder deadbolt locks are not installed. Windows that are capable of being opened should be
secured on the inside with a locking device capable of
withstanding a force of three hundred 300lbs. applied in any direction.
Parking lots, driveways, circulations areas, aisles,
passageways, recesses, and grounds contiguous to
buildings shall be provided with high intensity discharge lighting with sufficient wattage to provide adequate
illumination to make clearly visible the presence of any person on or about the premises during the hours of
darkness and provide a safe, secure environment for all persons, property, and vehicles on site. Such lighting
should be equipped with vandal resistant covers. A
lighting level of .5 to 1 foot candle minimum, maintained at ground level, is required. A combination of wall and pole mounted fixtures may be used.
All exterior doors should be provided with a light source and should be adequately illuminated at all hours to
make clearly visible the presence of any person on or
about the premises and provide adequate illumination
for persons exiting the building.
Graffiti resistant paint should be used on all exterior surfaces, to allow for efficient cleaning of any graffiti on the structure.
ITEM 18.1. ATTACHMENT 2
DRAFT CONDITIONS OF APPROVAL
City Council Logisticenter at Rancho Cordova
Major Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
Shatter resistant glass or glazing should be used for all exterior-facing windows.
Each premises, while closed for business after dark,
should be sufficiently lighted by use of interior night lights.
Due to the amount of hours the facility will be
unoccupied, an alarm system should be installed. The
type of alarm is dependent upon the nature of the
individual business.
57. The applicant shall meet the following: Civil Site Plans and Architectural Plans shall be submitted and approved prior to Final Building Permit being issued. Fire Sprinkler and Fire Alarm plans shall be submitted prior to Final Building Permit being issued. Please note: The Sacramento Metro Fire
District does not allow deferred submittals for Fire
Sprinkler or Fire Alarm plans.
Plan Submittals Prior to Issuance of
Building Permits
Sacramento
Metropolitan Fire
Department
58. Where a bridge or elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with AASHTO HB-17.
Apparatus Access Prior to Issuance of
Building Permits
Sacramento
Metropolitan Fire
Department
59. Property Owner/Applicant shall participate in or provide a funding mechanism for maintenance services for the
project’s stormwater drainage and flood protection system.
This may be accomplished through annexation to the City’s Stormwater Utility Fee District, or other financial
mechanism as may be proposed and provided by the
Property Owner for the same purpose of providing a
funding mechanism to fund the operation and maintenance of the Project’s stormwater drainage and flood protection system. Costs associated with the annexation shall be
borne by the Property Owner/Applicant through payment of the annexation costs in the amount of $7,000 per
Maintenance
Services for
Stormwater
drainage and flood
protection
The annexation shall
occur prior to issuance
of building permit. The
annual fee
commences when a
building permit is
issued
Public Works
ITEM 18.1. ATTACHMENT 2
DRAFT CONDITIONS OF APPROVAL
City Council Logisticenter at Rancho Cordova
Major Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
annexation. Contact Elizabeth Sparkman at (916) 851-
8714 with regard to the process to satisfy this condition of approval.
60. Property Owner/Applicant shall participate in or provide a funding mechanism for maintenance services for the fair share of existing and all new public improvements
associated with the project including, but not limited to, streets, bridges/culverts, traffic signals, traffic signs, striping and legends, ITS operations, street lights and safety lights, and public frontage and median landscape improvements.
This may be accomplished through annexation to the City’s Communities Facilities District No. 2008-1 (Street Lighting and Road Maintenance). All costs associated with the
annexation shall be borne by the Property Owner/Applicant through payment of the annexation costs of the CFD
annexation in the amount of $5,000 per annexation.
Contact Elizabeth Sparkman at (916) 851-8714 with regard to the process to satisfy this condition of approval.
Maintenance
Services for Fair
Share of Public
Improvements
The annexation shall
occur prior to issuance
of building permit. The
annual fee
commences when a
building permit is
issued
Public Works
61. Applicant shall complete improvement plans to the
satisfaction of the Public Works Department. Improvement plans shall include, but shall not be limited to:
All onsite civil improvements
Civil plan shall include an ADA access plan
Provide sidewalk, curb, and gutter improvements along the frontage of Bear Hollow Drive.
Provide sidewalk connection to N. Mather Blvd. from the project.
Utility laterals
Replacement of damaged sidewalk and curb and gutter
along property frontage of North Mather Blvd. shall be
Improvement
Plans
Prior to Issuance of
Building Permits
Public Works
ITEM 18.1. ATTACHMENT 2
DRAFT CONDITIONS OF APPROVAL
City Council Logisticenter at Rancho Cordova
Major Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
completed to the satisfaction of The Public Works
Department. Sidewalk panels shall be replaced to the
nearest joint
Public improvement plans shall clearly delineate all
transitions to existing improvements
All improvements to be designed and constructed to the satisfaction of the Public Works Department.
Complete installation of all improvements shown on
the improvement plan to satisfaction of the City prior
to occupancy
62. Secure City of Rancho Cordova Public Works Department approval of final grading plans, as required by City
Ordinance
Grading Plans Prior to Issuance of
Building Permit
Public Works
63. The owner must contact Permit Services Unit at
[email protected] or by phone at (916) 876-
6100 to determine if sewer impact fees are due. Fees are to be paid prior to the issuance of building permits.
Sewer Impact
Fees
Prior to Issuance of a
Building Permit
Sacramento Area
Sewer District
64. Applicant shall submit a Final Landscape Plan for review with the Building Permit submittal. Final landscape plan shall include upgraded trees along Bear Hollow Drive from 24” box trees to 36” box trees. Any trees that can be
upgraded to 48” box trees without sacrificing tree density shall be increased.
Landscape Prior to Issuance of
Building Permit
Planning
65. The wrought iron fencing surrounding the west side
detention pond shall be removed and the pond remain open unless required by another department or agency.
Landscape Prior to Issuance of
Building Permit
Planning
66. Applicant shall provide a solid screening wall at 10 feet in height in height at truck entrance to properly screen the loading dock area from the public right of way.
Screening Prior to Issuance of
Building Permit
Planning
ITEM 18.1. ATTACHMENT 2
DRAFT CONDITIONS OF APPROVAL
City Council Logisticenter at Rancho Cordova
Major Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
67. All projects are subject to Sacramento Metro Air District rules and regulations in effect at the time of construction.
Please visit our website to find a list of the most common rules that apply at the construction phase of projects.
Construction
Rules and
Regulation
Prior to beginning of
Construction
Sacramento
Metropolitan Air
District
Prior to Final Inspection
68. During and upon completion of the installation of the landscaping for the project, the project landscape
architect/designer shall certify that the installed landscape complies with the approved plans. Certification shall be accomplished by completion of site visits at key installation milestones. Key milestones at a minimum shall include:
rough grade, soil amendment verification, Plant material inspection, irrigation coverage test underdrain installation (as applicable) and final installation. Certification shall include signed site observation reports, photographs and documentation verifying implementation of soil report
recommendations. Failure to submit complete and accurate documentation to the Planning Department will delay final approval/occupancy of the project.
Landscaping Prior to Final Building
Inspection of the First
Unit
Public Works
69. Install public and onsite improvements per the approved Public Works plans and to the satisfaction of the Public Works Department.
On-Site
Improvements
Prior to Final
Inspection of the First
Unit
Public Works
70. Upon completion of the installation of the landscaping, the designer shall certify that the landscape complies with all city water conserving landscape requirements. Certification shall be accomplished by completion of a certificate of compliance on a form approved by the director of the city public works department. Failure to submit a complete and accurate certificate of compliance will delay final approval of the project and/or discontinue water service per RCMC Water
Conservation
Requirements
Prior to Final Building
Inspection
Public Works
ITEM 18.1. ATTACHMENT 2
DRAFT CONDITIONS OF APPROVAL
City Council Logisticenter at Rancho Cordova
Major Design Review
Category Timing/
Implementation
Enforcement/
Monitoring
22.180.090. Upon receipt of the certificate of compliance and site inspection from City staff, the landscaping
performance bond will be released.
71. Record drawings of grading and improvement plans (1 full size and 1 half size hard copy), as well as a compact disc containing said plans in AutoCAD and pdf format, and a
GIS shape file, or equivalent to the satisfaction of the City Engineer shall be submitted and approved by the Public
Works Department.
Drawing
Recordation
Prior to Final Building
Inspection
Public Works
72. Approved numbers or addresses shall be placed on all new or existing buildings in such a position as to be easily read from the street or road fronting the property. The minimum size of the numbers shall not be less than six (6) inches and shall be mounted immediately adjacent to a light
source and shall also contrast with their background.
Addresses Prior to Final Building
Inspection
Sacramento
Metro Fire
ADVISORY:
FIRE: Any Gates shall be installed in accordance with The County Emergency Access Gates and Barriers Standard. Plan submittal is required prior to installation.
PG&E: As a reminder, before any digging or excavation occurs, please contact Underground Service Alert (USA) by dialing 811 a minimum of 2 working days prior to commencing any work. This free and independent service will ensure that all existing underground utilities are identified and marked on-site.
MEMORANDUM
City Council Staff Report - Page 1 of 3
ITEM 19.1.
DATE: July 18, 2022
TO: Honorable Mayor and Council Members
FROM: Stefan Heisler, Housing Manager
Micah Runner, Deputy City Manager
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CORDOVA AUTHORIZING THE EXECUTION OF A
PREDEVELOPMENT AGREEMENT WITH GRIFFN/SWINERTON, LLC
FOR THE MILLS CROSSING CIVIC CENTER PROJECT
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute a Predevelopment Agreement with Griffin/Swinerton, LLC in the amount not to exceed $8,597,190 to continue the Mills Crossing Civic Center project through the predevelopment phase of the project over the next 30-40 months.
BACKGROUND
Around or before 2017 the City began crafting a vision for a mixed-use community- and transitoriented project at the City-owned property located at 10153-10179 Folsom Blvd with a project vision informed by extensive community engagement, workshops, and study sessions and consultant reports, with the intention of providing a vibrant center of community serving public facilities and civic gathering spaces that would be widely available and affordable to community stakeholders.
The developer selection process was conducted through a multi-step developer solicitation process that included a competitive request for proposals, an interview, and written responses to supplemental questions. The City selected Griffin/Swinerton and Griffin/Swinerton’s twophase proposal on July 20, 2020 to develop, design, construct, and finance the project. The City’s primary selection criteria was the proposers’ demonstrated competence and qualifications for studying, planning, designing, permitting, developing, financing, and construction of a project that will fulfill the City’s vision, including a plan to ensure that the eventual project developed will be operated by the City, at its sole cost and expense, at fair and reasonable prices and be widely affordable and available to the Rancho Corodva community and potential tenants of the community-commercial facilities and services therein. As part of the solicitation process, the City determined that Griffin/Swinerton has adequate financial
City Council Staff Report - Page 2 of 3
resources to design, build, and operate the Mills Crossing project. However, once construction is complete the City will continue to operate and maintain the project at its sole cost and expense.
Following this competitive developer selection process, the City entered into an Exclusive Negotiating Rights Agreement (ENA) with Griffin/Swinerton, LLC and The Related Companies of California, LLC (the Developer Partners) to develop a preferred development alternative for the Mills Crossing Civic Center Project on August 17, 2020. The ENA was extended by Council in February, 2022 for an additional six months to August 17, 2022.
During the ENA period the project team explored and analyzed site alternatives and project financial feasibility, conducted due diligence, community outreach, and held multiple discussions with the City Council to determine what project best accomplishes the City’s goals for the Mills Crossing Civic Center Project. This resulted in Council’s selection of a preferred development alternative on December 6, 2021 with general agreement on the major site uses, components, general layout, project deal structures, and financial commitments. Following the December 6 selection, staff conducted additional community outreach and worked with Griffin/Swinerton to finalize the terms of a predevelopment agreement described below.
The major uses of the preferred development alternative include approximately 104,000 sq ft of community/commercial facilities focused on arts and wellness uses, approximately 2.3 acres of plaza and community outdoor spaces, approximately 100-110 housing units of townhomes and affordable multifamily apartments, and a 3-level parking garage. The preliminary space program for the preferred development alternative is included as Exhibit F to the Predevelopment Agreement (Attachment 2) as the Base scenario.
The City is pursuing opportunities to implement its vision and develop the property through a public-private partnership pursuant to applicable law, including but not limited to the Infrastructure Financing Act (Govt Code §§5956 et seq.), and the Mills Crossing Civic Center project is a “fee-producing infrastructure project” as defined in Govt Code §5956.3. This phase 1 predevelopment agreement and the subsequent Development Agreement for phase 2 are consistent with the requirements of applicable law, including but not limited to the Infrastructure Financing Act (Govt Code §§5956 et seq.).
PREDEVELOPMENT AGREEMENT
The proposed Predevelopment Agreement consists of a 2-phase approach. Phase 1 predevelopment activities will complete the project’s environmental review, create the detailed building architectural designs, and perform other steps necessary to ready the project for construction. These include development of a needs assessment and program, pre-design services, basis of design, schematic design services, entitlement package, design development services, financing, and estimated cost of operation, and culminating in preparation of a Guaranteed Maximum Price (GMP) to deliver the project complete and operational.
Following the Phase 1 activities and the City’s approval of the GMP, Phase 2 will begin with execution of a Development Agreement and proceed with preparation of the 100% construction documents, construction observation by the design team, competitive bidding of trade contractors, construction, and project close-out.
The Timeline for Phase 1 activities is attached as Exhibit C to the Predevelopment Agreement.
During the rest of 2022 and early 2023 staff and the Developer Partners will work to finalize the
City Council Staff Report - Page 3 of 3
needs assessment, site plan, major parcel boundaries and approve the schematic designs.
CEQA will be conducted during 2023 and following that the Griffin/Swinerton will begin work on finalizing the GMP. Grant applications and securing other project financing will be ongoing, as well as completion of the remaining site remediation.
Public outreach will be conducted during this process including additional public workshops and small-group meetings with stakeholders and future space users. These will coincide with the early Phase 1 activities to finalize the master plan and schematic design.
The Phase 1 predevelopment budget is proposed to be a not to exceed $8,597,190 and includes $1,190,021 already accrued during the ENA period. Total project costs to complete construction and begin operating the community-commercial facilities is currently estimated to be over $100 million. This model continues to assume a City funding contribution of approximately $35-$45 million. Further refinement of the cost projections will continue until the GMP is established.
An interdisciplinary team of City staff, supported by consultants outside the Griffin/Swinerton Developer Team, will thoroughly review all of Griffin/Swinerton's work projects from Phase 1, including the financial models, in order to prepare a recommendation to the City Council on Phase 2. The staff and outside consultant review will ensure the overall construction and future operations and maintenance costs for the City remain reasonable and appropriate.
FISCAL IMPACT AND FUNDING SOURCE
Predevelopment phase costs to the General Fund will be a not to exceed $8,597,190 over the period of July 2022 through October, 2025. This overall Predevelopment phase cost includes $1,190,021 already accrued during the ENA period from August 2020 through June 2022.
ATTACHMENT(S)
1. Resolution
2. Predvelopment Agreement
3. Presentation
ITEM 19.1. ATTACHMENT 1
Resolution No. XX-2022 Page 1 of 3
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE
OF CALIFORNIA, AUTHORIZING EXECUTION OF A PREDEVELOPMENT AGREEMENT
WITH GRIFFIN/SWINERTON, LLC FOR THE MILLS CROSSING CIVIC CENTER PROJECT WHEREAS, the City of Rancho Cordova (the “City”) owns fee simple title in that certain property consisting of approximately 9.85 acres located in the City at 10153-10179 Folsom Blvd (the “Property”); and
WHEREAS, around or before 2017 the City began crafting a vision for a mixed-use community- and transit-oriented project on the Property with a project vision informed by extensive community engagement, workshops, and study sessions and consultant reports, with the intention of providing a vibrant center of community serving public facilities and civic gathering spaces that would be widely available and affordable to community stakeholders; and WHEREAS, the City is pursuing opportunities to implement its vision and develop the property through a public-private partnership pursuant to applicable law, including but not limited to the Infrastructure Financing Act (Govt Code §§5956 et seq.), and the PROJECT (as defined below) is a “fee-producing infrastructure project” as defined in Govt Code §5956.3; and WHEREAS, on July 23, 2019, the City issued the Mills Station District P3 Master Development Opportunity requesting Letters of Interest to develop a mixed-use site anchored by a mixed-use community building and public plaza (the “Project”) to be enjoyed by the Rancho Cordova community, including nearby Mather Field/Mills Station transit riders and Folsom Lake College (“RFP”). The RFP was a developer RFP (i.e., seeking a developer to take a project from design, planning and CEQA/approvals through financing and construction, which requires multiple phases); not a traditional design-bid-build or design build contractor RFP; and WHEREAS, Griffin/Swinerton, LLC (the “Developer”) responded to the RFP and submitted a proposal to the City on September 20, 2019, a proposal which contemplated a twophase project implementation, including Developer’s master development of the entire site including master plan design and entitlements/approvals, horizontal development/site infrastructure, and the creation of separate parcels for the community-commercial and residential components of the project (“Phase 1”); and Developer’s vertical development of community-commercial facilities and open space while a co-developer develops the residential component of the project (“Phase 2”); and
WHEREAS, after a multi-step developer solicitation process that included the RFP, an interview, and written responses to supplemental questions, the City selected Developer and Developer’s two-phase proposal on July 20, 2020 to develop, design, construct, and finance the Project, and where the City’s primary selection criteria was the proposers’ demonstrated competence and qualifications for studying, planning, designing, permitting, developing, financing, and construction of a project that will fulfill the City’s vision, including a plan to ensure that the eventual project developed on the Property will be operated (by City at its sole cost and expense) at fair and reasonable prices and be widely affordable and available to the users (e.g.
Rancho Cordova community stakeholders) of the community-commercial facilities and services therein. As part of the solicitation process, City determined that Developer has adequate
ITEM 19.1. ATTACHMENT 1
Resolution No. XX-2022 Page 2 of 3
financial resources to design, build, and operate the Project, after the date of the Predevelopment Agreement contemplated by this resolution (the “Agreement”), understanding that the parties intend for City or another party to operate the Project at its sole cost and expense – Developer will not be operating or maintaining the Project after construction is complete; and
WHEREAS, on August 17, 2020, the City and Developer (the “Parties”) entered into an Exclusive Negotiating Rights Agreement (“ENA”) with a one-year term plus City Manager’s option to extend the term by six-months, which option was exercised by the City Manager extending the term to February 17, 2022. Under the ENA, Developer funded and executed project activities including due diligence and the origination of multiple development alternatives, concept designs, tenant mixes with programming partners, financing approaches, and community outreach culminating with a preferred development concept approved by the City Council on December 6, 2021; and
WHEREAS, on February 7, 2022, the Parties entered into the First Amendment to the Exclusive Negotiating Rights Agreement (collectively referred to as the “ENA”) to provide an additional six months to complete negotiations and commence to execute the Project per the RFP through a two-phase contract process, with the Agreement being for Phase 1 and a development agreement and/or a disposition and development agreement being for Phase 2; and
WHEREAS, such Phase 2 agreement may include, without limitation, a disposition and development agreement for the development of at least 100 residential units on the Property, with at least 25% of those residential units to be restricted to lower income households; and WHEREAS, the City desires to engage Developer with the intent that Developer will implement the Project as envisioned in the RFP and Developer’s two-phase proposal, according to Developer’s proposed two-phase approach, and as refined during the ENA term, and to provide the services as described in the Agreement, including the Phase 2 services, which would be provided under the development agreement the Parties intend to execute at the conclusion of Phase 1 provided under the Agreement; and WHEREAS, City and Developer would each enter into the Agreement with the intent that Developer will provide all of the services (Phase 1 and Phase 2) required to fully and completely develop the Project in accordance with the RFP and Developer’s two-phase proposal selected by City, subject to City’s approval of the results of the Phase 1 services, which are required before commencement of Phase 2 services, including the financing and construction of the Project, is possible; and
WHEREAS, after the provision of the Phase 1 services, City may commence Phase 2 by entering into a development agreement, which will be subject to negotiation by the Parties, site lease, a facility lease, continuing disclosure statement and appurtenant and related documentation for the development of the Property and the lease-back of certain portions of the Property to the City; and
WHEREAS, the Project, the Agreement and the development agreement, an initial draft of which is attached to the Agreement, which will be subject to negotiation by the Parties, and/or a disposition and development agreement for Phase 2 are authorized by applicable law, including but not limited to the Infrastructure Financing Act (Govt Code §§5956 et seq.).
ITEM 19.1. ATTACHMENT 1
Resolution No. XX-2022 Page 3 of 3
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY
OF RANCHO CORDOVA
Section 1 The City Council hereby finds that the Predevelopment Agreement is exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3) in that it is a preliminary agreement for project design services and it can be seen with certainty that there is no possibility that the Predevelopment Agreement may have a significant impact on the environment. The City has discretionary authority whether any project affecting or making use of the Property will go forward and will not exercise its discretion regarding any future project until such time as the City is satisfied that all necessary or required CEQA review has been completed.
Section 2 The City Council authorizes the City Manager, on behalf of the City, to execute a Predevelopment Agreement with the Developer substantially in the form on file with the City Clerk, and to execute such other instruments and to take such other actions as necessary to carry out the intent of this Resolution.
Section 3 If any provision, sentence, clause, section or part of this Resolution is found to be unconstitutional, illegal or invalid, such finding shall affect only such provision, sentence, clause, section or part, and shall not affect or impair any of the remaining parts.
Section 4 The above recitals are true and correct. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the above City Council action.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 18th day of July 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk
PRE-DEVELOPMENT AGREEMENT
City of Rancho Cordova
Mills Crossing
THIS PRE-DEVELOPMENT AGREEMENT (hereinafter referred to as “AGREEMENT”) for purposes of identification hereby numbered __________, and dated _____ day of ________, 2022 is
BY AND BETWEEN City of Rancho Cordova, a municipal corporation (hereinafter referred to as “OWNER”),
AND
Griffin / Swinerton, LLC, a State of Delaware limited liability company (hereinafter referred to as “DEVELOPER”),
which are sometimes individually referred to as “PARTY” or collectively referred to as “PARTIES.”
RECITALS
WHEREAS, the OWNER owns certain property in the City of Rancho Cordova, California identified in Exhibit A; and
WHEREAS, around or before 2017 the OWNER began crafting a vision for a mixed-use community- and transit-oriented project on the Property with a project vision informed by extensive community engagement, workshops, and study sessions and consultant reports, with the intention of providing a vibrant center of community serving public facilities and civic gathering spaces that would be widely available and affordable to community stakeholders; and WHEREAS, the OWNER is pursuing opportunities to implement its vision and develop the property through a public-private partnership pursuant to applicable law, including but not limited to the Infrastructure Financing Act (Govt Code §§5956 et seq.), and the PROJECT (as defined below) is a “fee-producing infrastructure project” as defined in Govt Code §5956.3; and WHEREAS, DEVELOPER has developed properties similar to the property, including the public-private partnership development of public, community, and commercial facilities in other cities and counties; and
WHEREAS, on July 23, 2019, OWNER issued the Mills Station District P3 Master Development Opportunity requesting Letters of Interest to develop a mixed-use site anchored by an Mixed Use Community Building and Public Plaza to be enjoyed by the Rancho Cordova community, including nearby Mather Field/Mills Station transit riders and Folsom Lake College (“RFP”). The RFP was a developer RFP (i.e., seeking a developer to take a project from design, ITEM 19.1. ATTACHMENT 2
planning and CEQA/approvals through financing and construction, which requires multiple phases); not a traditional design-bid-build or design build contractor RFP.
WHEREAS, Developer responded to the RFP and submitted a proposal to OWNER on September 20, 2019, a proposal which contemplated a two-phase project implementation, including DEVELOPER’s master development of the entire site including master plan design and entitlements/approvals, horizontal development/site infrastructure, and the creation of separate parcels for the community-commercial and residential components of the project (PHASE 1); and DEVELOPER’s vertical development of community-commercial facilities and open space while a co-developer develops the residential component of the project (PHASE 2); and WHEREAS, after a multi-step developer solicitation process that included the RFP, an interview, and written responses to supplemental questions, OWNER selected DEVELOPER and DEVELOPER’s two-phase proposal on July 20, 2020 to develop, design, construct, and finance the project identified in Exhibit A (the “PROJECT”), and where OWNER’s primary selection criteria was the proposers’ demonstrated competence and qualifications for studying, planning, designing, permitting, developing, financing, and construction of a project that will fulfill the OWNER’s vision, including a plan to ensure that the eventual project developed on the Property will be operated (by OWNER at its sole cost and expense) at fair and reasonable prices and be widely affordable and available to the users (e.g. Rancho Cordova community stakeholders) of the community-commercial facilities and services therein. As part of the solicitation process, OWNER determined that DEVELOPER has adequate financial resources to design, build, and operate the PROJECT, after the date of this AGREEMENT (understanding that the parties intend for OWNER or another party to operate the PROJECT at its sole cost and expense – DEVELOPER will not be operating or maintaining the PROJECT after construction is complete); and WHEREAS, on August 17, 2020, the PARTIES entered into an Exclusive Negotiating Rights Agreement (“ENA”) with a one-year term plus City Manager’s option to extend the term by six-months, which option was exercised by the City Manager extending the term to February 17, 2022. Under the ENA, DEVELOPER funded and executed project activities including due diligence and the origination of multiple development alternatives, concept designs, tenant mixes with programming partners, financing approaches, and community outreach culminating with a preferred development concept approved by the City Council on December 6, 2021; and WHEREAS, on February 7, 2022, the PARTIES entered into the First Amendment to the Exclusive Negotiating Rights Agreement (collectively referred to as the “ENA”) to provide an additional six months to complete negotiations and commence to execute the Project per the RFP through a two-phase contract process, with this AGREEMENT being for PHASE 1 and a Development Agreement (an initial draft of which is attached as Exhibit B, which will be subject to negotiation by the PARTIES ) and/or a Disposition and Development Agreement being for PHASE 2; and
ITEM 19.1. ATTACHMENT 2
WHEREAS, such PHASE 2 agreements may include, without limitation, a disposition and development agreement for the development of at least 100 residential units on the Property, with at least 25% of those residential units to be restricted to lower income households; and WHEREAS, OWNER desires to engage DEVELOPER with the intent that DEVELOPER will implement the Project as envisioned in the RFP and DEVELOPER’s two-phase proposal, according to DEVELOPER’s proposed two-phase approach, and as refined during the ENA term, and to provide the services as described herein, including the PHASE 2 SERVICES (to be provided under the Development Agreement the PARTIES intend to execute at the conclusion of the PHASE 1 SERVICES provided under this AGREEMENT) and subject to the terms hereof; and WHEREAS, OWNER and DEVELOPER are each entering into this AGREEMENT with the intent that DEVELOPER will provide all of the SERVICES (PHASE 1 and PHASE 2) required to fully and completely develop the PROJECT in accordance with the RFP and DEVELOPER’s two-phase proposal selected by OWNER, subject to OWNER’s approval of the results of the PHASE 1 SERVICES, which are required before commencement of PHASE 2 SERVICES, including the financing and construction of the PROJECT, is possible; and WHEREAS, after the provision of the PHASE 1 SERVICES described herein, OWNER may commence PHASE 2 by entering into a Development Agreement (an initial draft of which is attached as Exhibit B, which will be subject to negotiation by the PARTIES) , Site Lease, a Facility Lease, Continuing Disclosure Statement and appurtenant and related documentation (e.g., additional documentation OWNER may require, but DEVELOPER will not be a party to, may include indenture, loan agreement, bond purchase agreement, and preliminary and final official statements, collectively, the “Lease Documents”) for the development of the property and the lease-back of certain portions of the property to the OWNER; and WHEREAS, the PROJECT, this AGREEMENT and the Development Agreement (an initial draft of which is attached as Exhibit B, which will be subject to negotiation by the PARTIES) and/or a Disposition and Development Agreement for PHASE 2 are authorized by applicable law, including but not limited to the Infrastructure Financing Act (Govt Code §§5956 et seq.).
NOW, THEREFORE, IT IS AGREED by and between the PARTIES hereto as follows:
1. Retainer
1.1 OWNER does hereby retain DEVELOPER to perform the SERVICES as defined in Section 2.
1.2 DEVELOPER shall assign one or more principals to perform the SERVICES. The principals assigned by DEVELOPER and whose expertise and services are offered by DEVELOPER and accepted by OWNER are Roger Torriero and Korin Crawford, acting in their capacity as principals of DEVELOPER.
ITEM 19.1. ATTACHMENT 2
1.3 DEVELOPER may employ such Consultants/contractors, as well as Developer’s Construction Manager at Risk, as DEVELOPER determines appropriate for performance of portions of DEVELOPER’s obligations under this AGREEMENT; provided, however, that DEVELOPER will remain responsible for all such obligations and the acts and omissions of DEVELOPER’s Consultants. The term “Consultants” refers to any professional directly retained by DEVELOPER for provision of any of the SERVICES required to be performed by DEVELOPER under this AGREEMENT. DEVELOPER’s employment of independent Consultants/contractors shall not relieve DEVELOPER from the performance of its own responsibilities pursuant to this AGREEMENT. However, all Consultants contracting separately with OWNER (if any) shall be independently liable to OWNER for the performance of the work pursuant to their agreements, and DEVELOPER shall have no liability for work by contractors contracting separately with OWNER.
1.4 DEVELOPER intends to retain LPA, Inc. as the architect for the Schematic Design and Design Development architectural services (“Architect”). DEVELOPER intends to retain Swinerton Builders as Developer’s Construction Manager at Risk to perform the pre-construction services (“Developer’s Construction Manager at Risk”). DEVELOPER will have the right to select or replace all or any of the Consultants (including the Architect) and Developer’s Construction Manager at Risk, with the OWNER’s consent, which will not be unreasonably withheld. OWNER consents to DEVELOPER retaining Swinerton Builders as Developer’s Construction Manager at Risk for the PHASE 1 and/or PHASE 2 SERVICES.
2. PROJECT and SERVICES.
2.1 Description of PROJECT.
(a) The PROJECT is in two phases as follows:
(1) PHASE 1 – Pre-Development Services
(2) PHASE 2 – Construction Documents and Construction Services (b) DEVELOPER shall use commercially reasonable efforts to obtain a Leadership in Energy and Environmental Design Gold certification from the U.S. Green Building Council with respect to the PROJECT exclusive of the parking structure(s).
2.2 Description of SERVICES.
For purposes of this AGREEMENT, the term “SERVICES” includes both the PHASE 1 and the PHASE 2 SERVICES. DEVELOPER shall first provide the PHASE 1 SERVICES pursuant to this AGREEMENT, which includes determining a Guaranteed Maximum Price (“GMP”) for the PROJECT. OWNER will then either (1) terminate this AGREEMENT or (2) have DEVELOPER perform the PHASE 2 SERVICES.
ITEM 19.1. ATTACHMENT 2
2.3 Description of PHASE 1 SERVICES.
PHASE 1 includes development of a needs assessment and program, pre-design services, basis of design, schematic design services, entitlement package, design development services, financing, and estimated cost of operation, culminating in an OWNER approved design development set of plans and specifications and an estimate of construction costs for the PROJECT in accordance with OWNER standards and procedures and applicable local, state, and federal requirements. DEVELOPER shall also deliver to OWNER a GMP, (which shall also refer to the associated documentation related to the work to be performed for a Guaranteed Maximum Price) for the delivery of the PROJECT, complete and operational. DEVELOPER will deliver the GMP in accordance with the schedule described in Exhibit C. The PHASE 1 SERVICES are described in detail in Exhibit D.
2.4 Description of PHASE 2 SERVICES.
PHASE 2 SERVICES include completion of the construction documents, and construction of the PROJECT. These services include preparation of the 100% construction documents, construction observation by the design team, competitive bidding of trade contractors, construction, and PROJECT close-out, all as more fully set forth in the Development Agreement.
OWNER shall provide a PHASE 2 PROJECT budget to DEVELOPER in accordance with the schedule described in Exhibit C.
2.5 OWNER Election to Terminate or Proceed to PHASE 2
(a) OWNER will have sixty (60) days after DEVELOPER submits its GMP to OWNER to elect one of the following options (and the GMP will become void and unenforceable, and OWNER will be deemed to have elected the option to terminate this AGREEMENT if OWNER fails to provide written notice of its election to DEVELOPER within sixty (60) days):
(1) Terminate this AGREEMENT;
(2) Proceed with the PROJECT on a public-private partnership basis, in which case the PARTIES will proceed pursuant to the Lease Documents (including a Development Agreement in the form of Exhibit B, provided, however, that the PARTIES will negotiate in good faith any changes to the form of Development Agreement in Exhibit B to achieve their goals, comply with legal requirements, fill in information (including the budget, schedule, and scope exhibits), or that may be necessary or desirable to the PARTIES), with the understanding that the Lease is to be financeable in the public, tax-exempt financing markets (including any changes required by the party providing the financing) with financing terms acceptable to OWNER, lender(s), and DEVELOPER and is a triple net lease with OWNER providing all of the services (e.g., utilities, janitorial, landscaping, etc.) for the PROJECT so that the lease payment will only be recapturing DEVELOPER’s fixed fee, share of savings, and total costs incurred ITEM 19.1. ATTACHMENT 2
for the design and construction of the PROJECT (inclusive of all legal and all financing related costs). The final and actual base annual triple net lease rent will be determined by several factors and components, including but not limited to the amortization period, final PROJECT GMP, and all costs of financing (including then current market conditions and interest rate) established on the actual date of placement and issuance of the PROJECT financing.
(b) If OWNER and DEVELOPER are unable to agree as to the GMP and terms of the Lease Documents (including the Development Agreement) in accordance with subsection (a), then at the end of the sixty (60) day period, this AGREEMENT will terminate.
2.6 Conflicts.
In the event Exhibits D or E shall be in conflict with any provision of this AGREEMENT, Exhibits D or E, as applicable, shall prevail.
2.7 PHASE 1 Contingency.
(a) OWNER’s Contingency are funds to be used at the discretion of the OWNER usually to cover, among other things, any increases in PROJECT costs that result from OWNER directed changes or unforeseen site conditions. For OWNER’s convenience, DEVELOPER will include OWNER’s Contingency as a separate line item included in the GMP amount provided by the DEVELOPER. Markups for overhead, profit, taxes, and insurance will be applied by the DEVELOPER at the time that OWNER’s Contingency is used. Any OWNER Contingency not utilized shall remain as OWNER’s funds after PROJECT completion.
(b) The amount of DEVELOPER Contingency will be noted as a separate line item in the GMP and shall reflect the DEVELOPER’s risk for the PROJECT.
DEVELOPER’s Contingency is a fund to cover cost growth or unexpected or unforeseen costs that may arise during the PROJECT. DEVELOPER has a Contingency line item in the PHASE 1 budget (Exhibit E) and will have a separate contingency line item in DEVELOPER’s PHASE 2 budget. The amount of the DEVELOPER’s Contingency for PHASE 1 and PHASE 2 will be a separate line item in the applicable budget. DEVELOPER’s Contingency for each PHASE may be used at DEVELOPER’s discretion with OWNER’s approval, which will not be unreasonably withheld.
(c) DEVELOPER’s budget (Exhibit E) for PHASE 1 includes line items for DEVELOPER’s Contingency and Allowances. Payment for any Allowance identified in Exhibit E shall be for direct cost reimbursement only, unless Exhibit E identifies it as a "Time and Materials" or "T&M" item. Reimbursable direct costs shall be verified by invoices and shall include any amounts paid to third parties, and ITEM 19.1. ATTACHMENT 2
do not include markups, including but not limited to supervision, labor, overhead, or profit related to the item. Payment for any work to be performed in connection with any Allowance identified in Exhibit E will be made by OWNER as part of the normal payment procedures for the PROJECT. Any costs that exceed the maximum amount of any Allowance line item shall be addressed as a change to the AGREEMENT.
DEVELOPER’s Contingency in Exhibit E may be used at DEVELOPER’s request with OWNER’s approval, which will not be unreasonably withheld, for increases in the cost of the PHASE 1 SERVICES which are not the OWNER’s responsibility; provided, however, that DEVELOPER may not apply the DEVELOPER’s Contingency to DEVELOPER’s Professional Services Fixed Fee.
2.8 GMP.
The DEVELOPER will prepare the GMP in accordance with the OWNER’s reasonable requests and will obtain from the Architect four (4) sets of Design Development Documents (including Specifications and all addenda). The DEVELOPER will place a signature block on each page of each document of each set upon which its proposed GMP is based. OWNER, DEVELOPER, Developer’s Construction Manager at Risk, and the Architect will all approve, in writing, the Design Development Documents (including Specifications and all addenda) upon which DEVELOPER’s GMP for PHASE 2 is based. The DEVELOPER will send one set of those documents to the OWNER, retain one set, and return a set to both the Architect and Developer’s Construction Manager at Risk.
2.9 Construction Schedule.
An updated/revised PROJECT Schedule will be included with the GMP that reflects the approved Design Development Documents.
2.10 Savings.
In PHASE 1, as previously stated, all savings from the Budget (Exhibit E) shall be fully for the benefit of the OWNER.
2.11 GMP Review and Approval.
2.11.1 The DEVELOPER will meet with the OWNER, Architect, and Developer’s Construction Manager at Risk to review the GMP and the written statement of its basis.
In the event the OWNER discovers inconsistencies or inaccuracies in the information presented, the DEVELOPER will make adjustments as necessary to the GMP, its basis or both. OWNER, Architect, Developer’s Construction Manager at Risk, and DEVELOPER will each review and initial each page of the approved Schematic Design Documents, Design Development Documents (upon which the GMP will be based).
The design documents will be in accordance with the preliminary building program set forth in Exhibit F. OWNER will attend meetings during each design phase and will have the opportunity to review the design documents at those meetings as the design ITEM 19.1. ATTACHMENT 2
documents are being developed. OWNER will have 30 days to review and approve in writing each set of documents (schematic, design development, and construction documents) when they are deemed completed and delivered by DEVELOPER to OWNER. If OWNER approves a set of documents, on which DEVELOPER relies, then later directs DEVELOPER to make material changes to the approved documents, then OWNER will pay DEVELOPER for the actual cost of making such revisions as an additional cost through a Change Order. For example, if OWNER approves the Schematic Design Documents, but then during the Design Development or Construction Document phase directs a change to a PROJECT component that was previously agreed to in the Schematic Design Documents, then the cost of making those OWNER directed revisions will be deemed a valid Change Order.
2.11.2 The OWNER, upon receipt of the GMP from the DEVELOPER, may submit the GMP Plans and Specifications to an independent third party for review and verification of construction costs only, at OWNER’s sole cost. At OWNER’s discretion, the third party may develop an independent estimate of the Cost of the Work for construction costs only and review the Construction Schedule for the associated scope of the GMP.
DEVELOPER must receive the third party estimate no later than 30 days after DEVELOPER provides the GMP to the OWNER.
2.11.3 If the GMP is greater than the independent third party’s estimate, the OWNER may require the DEVELOPER to reconfirm the GMP; provided, that the DEVELOPER timely received the third party’s estimate within 30 days as required by Section 2.11.2.
The DEVELOPER will either (a) accept the independent third party’s estimate for the Cost of Work for construction costs as part of the GMP or (b) present a written report within fourteen (14) days of a written request to the OWNER identifying, explaining and substantiating the differences. The DEVELOPER may be requested to, or at its own discretion may, submit a revised GMP for consideration by the OWNER, including reducing scope, quality, or features if necessary to bring the PROJECT into budget reflecting the anticipated scope and timing of the PROJECT that is deemed fair and reasonable to DEVELOPER. At that time the OWNER may do one of the following:
(a) Accept the DEVELOPER’s original or revised GMP, if within the OWNER’s budget, without comment.
(b) Accept the DEVELOPER’s original or revised GMP that exceeds the OWNER’s budget, and indicate in writing to the DEVELOPER that the PROJECT Budget has been increased to fund the differences. (c) Reject the DEVELOPER’s original or revised GMP because it exceeds the OWNER’s budget and the independent third party’s estimate, in which event, the OWNER may terminate this AGREEMENT and/or elect to not enter ITEM 19.1. ATTACHMENT 2
into a separate AGREEMENT with the DEVELOPER for the construction phase associated with the scope of Work reflected in the GMP. (d) With the DEVELOPER’s consent, wait to accept the GMP if the OWNER believes adequate funding will be available in the near future.
2.11.4 If during the review and negotiation of a GMP, design changes are required or requested by OWNER, then DEVELOPER will authorize and cause its Consultants to revise the documents to the extent necessary to reflect the agreed-upon assumptions and clarifications contained in the final approved GMP. Such revised documents will be furnished to the OWNER. The provisions of Section 2.11.1 apply to determine whether OWNER is responsible for paying for the revisions. The OWNER will promptly notify the DEVELOPER in writing if any such revised documents are inconsistent with the agreed-upon assumptions and clarifications.
2.12 PHASE 1 Schedule.
DEVELOPER will perform the PHASE 1 SERVICES in accordance with the schedule in Exhibit C, provided, however, that DEVELOPER shall not be responsible for any delay beyond the reasonable control of DEVELOPER or its Consultants.
3. Assistance and Cooperation by and between OWNER and DEVELOPER.
3.1 OWNER and DEVELOPER shall assign an appropriate staff member (or members) to work with each other in connection with the work of this AGREEMENT. OWNER designates the City Manager or his/her designee (OWNER to identify City Manager’s designee in writing to DEVELOPER) as “OWNER Representative.” DEVELOPER designates Roger Torriero and Korin Crawford as DEVELOPER Representatives. Each PARTY may change its designated representative by giving written notice to the other PARTY of the name and contact information for the new representative. The Representatives’ duties will consist of the giving of advice and consultations, providing information in a timely manner as requested by each other, assisting each other in negotiations with other public agencies and private parties, miscellaneous items which in the judgment of DEVELOPER or OWNER’s staff warrant attention, and all other duties as may be described in Exhibit D. The Representatives will be the single points of contact between the PARTIES and will be responsible for obtaining information from others within their organization or team (e.g., OWNER Representative is responsible for obtaining information from other departments within OWNER in accordance with the Project Schedule, DEVELOPER Representative is responsible for obtaining information from DEVELOPER’s Consultants and Developer’s Construction Manager at Risk in accordance with the Project Schedule).
3.2 All of the activities described in Exhibit D, however, shall be the primary responsibility of DEVELOPER to schedule, initiate and carry through to completion, except to the extent that they rely on receiving information from OWNER; OWNER is responsible for providing necessary information.
ITEM 19.1. ATTACHMENT 2
3.3 As part of the Energy Policy Act of 2005, Congress enacted Section 179D of the Internal Revenue Code (26 U.S.C. §179D) to encourage the design and construction of energy efficient properties (“Section 179D Deduction”). Subsection (d)(4) of Section 179D allows government building owners to allocate potential Section 179D Deductions for the installation of energy efficient building envelopes, HVAC and hot water systems, and interior lighting systems to “the person primarily responsible for designing the property in lieu of the owner of such property.” OWNER hereby allocates the Section 179D Deduction for the PROJECT solely to DEVELOPER as “the person primarily responsible for designing the property,” and OWNER agrees to execute any documents or tax forms that may be reasonably required or requested by DEVELOPER to acknowledge or otherwise effectuate this allocation to DEVELOPER of the Section 179D Deduction for tax purposes. OWNER represents and warrants that it has not agreed to allocate the Section 179D Deduction to another party, and will not do so. OWNER specifically delegates the authority to the OWNER Representative to sign any required documents or forms.
4. Non-Employment of OWNER and DEVELOPER Personnel.
4.1 DEVELOPER and OWNER agree that they will neither negotiate, offer, nor give employment to any full-time, regular employee of the other PARTY in professional classifications of the same skills required for the performance of this AGREEMENT who is involved in this PROJECT in a participatory status during the life of this AGREEMENT regardless of the assignments said employee may be given or the days or hours employee may work.
4.2 Nothing in this AGREEMENT shall be deemed to make DEVELOPER, or any of DEVELOPER’s employees or agents, agents or employees of the OWNER, or deemed to make OWNER, or any of OWNER’s employees or agents, agents or employees of DEVELOPER.
DEVELOPER shall be an independent contractor and shall have responsibility for and control over the details and means for performing the work, provided that DEVELOPER is in compliance with the terms of this AGREEMENT. Anything in the AGREEMENT which may appear to give OWNER the right to direct DEVELOPER as to the details of the performance of the work or to exercise a measure of control over DEVELOPER shall mean that DEVELOPER shall follow the desires of OWNER, only in the results of the work.
5. Non-Discrimination
5.1 In the performance of this AGREEMENT, DEVELOPER agrees that it will comply with the requirements of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons.
5.2 DEVELOPER acknowledges that a violation of this provision shall subject DEVELOPER to all the penalties imposed for a violation of the California Labor Code. The Development Agreement will include a trade contractor procurement plan that will comply with ITEM 19.1. ATTACHMENT 2
applicable competitive bidding laws, prevailing wage laws, and OWNER’s local vendor preference policies.
6. Employee Eligibility Verification
6.1 DEVELOPER warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens, and others and that all its employees performing work under this AGREEMENT meet the citizenship or alien status requirement set forth in Federal statutes and regulations. DEVELOPER shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations, including but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. § 1324 et seq., as they currently exist and as they may be hereafter amended. DEVELOPER shall retain all such documentation for all covered employees for the period prescribed by the law.
6.2 DEVELOPER shall indemnify, defend with counsel approved in writing by OWNER, and hold harmless, the OWNER, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against DEVELOPER or the OWNER or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this AGREEMENT.
7. Termination of AGREEMENT for Cause.
7.1 If DEVELOPER breaches any of the covenants or conditions of this AGREEMENT, then OWNER may send DEVELOPER a notice of default setting forth the nature and extent of the alleged default and, if not otherwise self-evident, the actions necessary to cure the alleged default. DEVELOPER must cure the default within thirty (30) days after receipt of the notice of default (or if the default is not capable of being cured in such time, DEVELOPER must commence necessary actions to timely remedy such default and thereafter diligently prosecute such cure to completion). If DEVELOPER fails to timely cure the breach, then OWNER shall have the right to terminate this AGREEMENT upon three (3) days additional written notice prior to the effective day of termination.
7.2 DEVELOPER shall have the opportunity to cure the alleged breach prior to termination as set forth in Section 7.1.
7.3 In the event the alleged breach is not cured by DEVELOPER prior to termination, all work performed by DEVELOPER pursuant to this AGREEMENT, which work has been reduced to plans or other documents, shall become the property of and be made available to OWNER (subject to the provisions of Section 22).
7.4 If OWNER breaches any of the covenants or conditions of this AGREEMENT, then DEVELOPER may send OWNER a notice of default setting forth the nature and extent of ITEM 19.1. ATTACHMENT 2
the alleged default and, if not otherwise self-evident, the actions necessary to cure the alleged default. OWNER must cure the default within thirty (30) days after receipt of the notice of default or if the default is not capable of being cured in such time, then OWNER must commence to cure the default within thirty (30) days after receipt of the notice of default and thereafter diligently prosecute such cure to completion. If OWNER fails to timely cure the breach, then DEVELOPER shall have the right to terminate this AGREEMENT upon three (3) days additional written notice prior to the effective day of termination.
7.5 OWNER shall have the opportunity to cure the alleged breach during the notice periods set forth herein prior to termination as set forth in Section 7.4.
7.6 OWNER must proceed with the PROJECT in a diligent manner in accordance with the Schedule for PHASE 1 SERVICES (Exhibit C). If the PROJECT and/or SERVICES are delayed in the aggregate more than 90 calendar days from the Schedule for PHASE 1 SERVICES (Exhibit C) because of suspensions, delays, or interruptions of the PROJECT by OWNER (“OWNER-CAUSED DELAYS”), then DEVELOPER may terminate the AGREEMENT by providing seven (7) days’ written notice to OWNER of DEVELOPER’S intention to terminate the AGREEMENT; provided, however, DEVELOPER shall immediately notify OWNER if the OWNER-CAUSED DELAYS in the aggregate is 75 calendar days. OWNER-CAUSED DELAYS, as used in this Section 7.6 shall not include any force majeure delays under Section 37 that prevent OWNER’s performance (“OWNER FORCE MAJEURE DELAYS”). If the PROJECT and/or SERVICES are delayed in the aggregate more than 90 calendar days from the Schedule for PHASE 1 SERVICES (Exhibit C) because of OWNER FORCE MAJEURE DELAYS, then DEVELOPER may terminate the AGREEMENT by providing seven (7) days’ written notice to OWNER of DEVELOPER’S intention to terminate the AGREEMENT; provided, however, DEVELOPER shall immediately notify OWNER if the OWNER FORCE MAJEURE DELAYS in the aggregate is 75 calendar days. For clarity, it is the PARTIES intent to track the OWNER-CAUSED DELAYS and OWNER FORCE MAJEURE DELAYS separately, each with their own 90-day limit, and DEVELOPER may only terminate if one of the limits has been exceeded. Additionally, instead of terminating the AGREEMENT, the PARTIES may negotiate a mutually acceptable change order to equitably increase the time and scope arising from the OWNER-CAUSED DELAYS and/or OWNER FORCE MAJEURE DELAYS. If DEVELOPER terminates the AGREEMENT under this provision, OWNER shall pay the DEVELOPER for all SERVICES performed, all unpaid costs incurred, and all reimbursable expenses incurred prior to the effective date of the termination, in accordance with Exhibit E, and such payment shall be the DEVELOPER’s sole remedy for termination of this AGREEMENT under this provision.
8. Termination of AGREEMENT for Convenience.
8.1 Notwithstanding any other provision of the AGREEMENT, OWNER may at any time, and without cause, terminate this AGREEMENT in whole or in part, upon not less than thirty (30) calendar days’ written notice to the DEVELOPER. Such termination shall be effected by ITEM 19.1. ATTACHMENT 2
delivery to the DEVELOPER of a written notice of termination specifying the effective date of the termination and the extent of the Work to be terminated.
8.2 DEVELOPER shall immediately stop work in accordance with the notice and comply with any other direction as may be specified in the notice or as provided subsequently by OWNER.
8.3 OWNER shall pay the DEVELOPER for all costs paid, or incurred but unpaid for the Work completed and reimbursable expenses incurred prior to the effective date of the termination, according to Exhibit E, and such payment shall be the DEVELOPER’s sole remedy under this AGREEMENT.
8.4 Under no circumstances will DEVELOPER be entitled to anticipatory or unearned profits, consequential damages, or other damages of any sort as a result of a termination or partial termination under this Paragraph.
8.5 DEVELOPER shall insert in all consultants’ contracts and subcontracts that the consultant and subcontractor shall stop work on the date of and to the extent specified in a written notice of termination, and shall require consultants and subcontractors to insert the same condition in any lower tier contracts.
9. Term.
The term of this AGREEMENT is not to exceed forty (40) months (plus two one-year options to extend the term, where City Manager is authorized to exercise both options in writing without further approval of the City Council) commencing upon approval and execution of this AGREEMENT by the OWNER and in accordance with the schedule described in Exhibit C; OWNER may exercise the one-year options by providing written notice to DEVELOPER of OWNER’s election to exercise prior to the end of the term.
10. Compensation and Extra Work.
For the SERVICES authorized under this AGREEMENT, DEVELOPER shall be compensated in accordance with the following:
10.1 OWNER will pay DEVELOPER the compensation (costs and fee) for the PHASE 1 SERVICES as set forth in Exhibit E. DEVELOPER will also be entitled to reimbursement of out-of-pocket costs as they are incurred, which costs are identified in Exhibit E. Reimbursable expenses will be paid at cost and will not exceed what is shown in Exhibit E without prior written approval of OWNER. DEVELOPER shall allocate savings from other line items to cover cost overruns in other line items or the reimbursable expenses budget, with notice to the OWNER, so long as doing so does not exceed the total cost set forth in Exhibit E. DEVELOPER’s fee for PHASE 1 SERVICES will be a fixed fee as set forth in Exhibit E.
10.2 DEVELOPER’s Payment Applications to OWNER for PHASE 1 SERVICES shall include, but not be limited to the following:
ITEM 19.1. ATTACHMENT 2
• DEVELOPER’s name and address
• DEVELOPER’s remittance address, if different from (A), above • Name of OWNER agency/department
• Delivery/service address
• CONTRACT number
• Service Date
• Description of Services
• Total
• Taxpayer ID number
• A list of all Consultants with whom DEVELOPER has entered into contracts, the amount of each Consultant contract, the amount requested for any Consultants in the Application for Payment and the amount to be paid to DEVELOPER from such progress payment.
• A payment breakdown for the PHASE 1 SERVICES for which DEVELOPER and each Consultant is responsible; such breakdown being submitted on a uniform standardized form reasonably approved by the OWNER. The form shall reflect (1) description of services, (2) total value, (3) percent of the services completed to date, (4) value of services completed to date, (5) percent of previous amount billed, (6) previous amount billed, (7) current percent completed, and (8) value of services completed to date.
• DEVELOPER’s computerized summary of all costs, disbursements and activities for the most recent billing cycle and, to the extent requested by OWNER, such other information, documentation and materials including payrolls, receipted invoices or invoices with check vouchers attached, contracts, and any other evidence required by OWNER to demonstrate that cash disbursements already made by DEVELOPER on account of the Phase 1 SERVICES equal or exceed: (1) progress payments already received by DEVELOPER; less (2) that portion of those payments attributable to DEVELOPER’s Fixed Fee; plus (3) payrolls and costs for the period covered by the present Application for Payment; less (4) PROJECT costs previously paid by DEVELOPER which were previously approved by OWNER. • Any other information reasonably requested by OWNER.
10.3 Within 15 days of receiving DEVELOPER’s application for payment, OWNER will notify DEVELOPER in writing of any objections to DEVELOPER’s application for payment.
Within 45 days of receiving an undisputed, properly completed application for payment, OWNER shall pay to DEVELOPER a sum equal to the value of the work completed since the commencement of the work, less all previous payments. OWNER shall not withhold retention.
No progress payment by OWNER shall be considered to be OWNER’s acceptance of any part of the SERVICES.
ITEM 19.1. ATTACHMENT 2
10.4 The compensation that OWNER pays to DEVELOPER for the PHASE 2 SERVICES (if OWNER elects to proceed with the PHASE 2 SERVICES) will be determined after completion of the PHASE 1 SERVICES, as the compensation for the PHASE 2 SERVICES will be dependent upon the GMP calculated during the PHASE 1 SERVICES.
10.5 Budget adjustments between Task Line Items in Exhibit E excluding any additions to the Development Management Fee may be made by DEVELOPER at DEVELOPER’s sole discretion with notice to the OWNER, including the reduction of the allocated budget for a Task in order to augment by this same amount the budget for any other Task, provided that such reduction or reallocation shall not relieve DEVELOPER from its obligations to complete the PHASE 1 SERVICES.
10.6 For completion and approval of all PHASE 1 SERVICES where “Extra Work” (defined as changes in approved portions of the SERVICES requested by and ordered in writing by OWNER which changes constitute a change in or departure from said approved portions of SERVICES) is not authorized, compensation including reimbursable expenses shall be described and payable as stipulated in the DEVELOPER’s Budget and Fees for PHASE 1 SERVICES, attached hereto as Exhibit E and incorporated herein by reference.
10.7 Where extra work is authorized for PHASE 1 SERVICES: The amount for Extra Work shall be determined using Exhibit E. Extra Work shall be required by and ordered in writing by OWNER. OWNER may order Extra Work not to exceed ten thousand dollars ($10,000) for contracts of less than one hundred thousand ($100,000), and may order Extra Work up to ten percent (10%) for contracts up to two hundred fifty thousand dollars ($250,000). For contracts greater than two hundred fifty thousand dollars ($250,000), Extra Work shall not exceed twentyfive thousand dollars ($25,000) plus one percent (1%) of the original contract amount in excess of two hundred fifty thousand dollars ($250,000). In no case shall Extra Work cumulatively exceed one hundred thousand dollars ($100,000), unless authorized by the OWNER’s City Council.
10.8 For partial completion of work of PHASE 1 SERVICES followed by default on part of DEVELOPER:
(1) For failure to complete and secure approval of the first required submittal (i.e., program and conceptual site plan), there shall be no compensation. (2) For failure to complete and secure approval of SERVICES subsequent to approval of the first required submittal (i.e., program and conceptual site plan), DEVELOPER shall, upon completion of PHASE 1 SERVICES by others, be entitled to receive compensation based on approved work of PHASE 1 SERVICES not to exceed the amounts specified in Exhibit E for that particular submittal, plus the reasonable value as determined by OWNER of the non-approved work; provided, however, that if the cost to OWNER to complete the contract exceeds the amount specified herein, DEVELOPER shall be liable to OWNER for such excess costs attributable to DEVELOPER’s breach of the AGREEMENT.
ITEM 19.1. ATTACHMENT 2
11. Laws to be Observed.
11.1 DEVELOPER is assumed to be familiar with and, at all times, shall observe and comply with all federal, state and local laws, ordinances and regulations in any manner affecting the conduct of the SERVICES. To the extent required by law, the provisions set forth in Govt Code §5956.6(b) are hereby incorporated into this AGREEMENT for PHASE 1 and/or will be incorporated into the Development Agreement (an initial draft of which is attached as Exhibit B, which will be subject to negotiation by the PARTIES) and/or a Disposition and Development Agreement for PHASE 2. Without limiting the foregoing, DEVELOPER agrees to comply with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) to the extent applicable.
11.2 DEVELOPER and OWNER, as applicable, will each comply with the requirements for user fees for use of the PROJECT as set forth in Govt Code §5956.6(b)(4)-(6).
12. Errors and Omissions.
12.1 All SERVICES submitted by DEVELOPER shall be complete and shall be reviewed prior to submission. DEVELOPER understands that OWNER’s review is discretionary, and DEVELOPER shall not assume that OWNER will discover errors and/or omissions. If OWNER discovers any errors or omissions prior to approving DEVELOPER’s SERVICES, the SERVICES will be returned to DEVELOPER for correction. Should OWNER or others discover errors or omissions in the work submitted by DEVELOPER after OWNER’s approval thereof, OWNER’s approval of DEVELOPER’s SERVICES shall not be used as a defense by DEVELOPER.
12.2 If DEVELOPER subcontracts portions of the architectural or engineering design SERVICES to be performed under the terms of this AGREEMENT, DEVELOPER shall obtain evidence that such Consultants have purchased Professional Liability Insurance in accordance with the limits as described in Section 13 (unless modified by Exhibits D or E, as applicable) and containing the same clauses as the insurance required of DEVELOPER under the terms of this AGREEMENT. Evidence of Consultants’ insurance shall be submitted to OWNER upon request.
13. Insurance.
13.1 Prior to the provision of SERVICES under this AGREEMENT, DEVELOPER agrees to purchase all required insurance and to deposit with OWNER Certificates of Insurance, including all endorsements required herein, necessary to satisfy OWNER that the insurance provisions of this AGREEMENT have been complied with and to keep such insurance coverage and the certificates therefor on deposit with OWNER during the entire term of this AGREEMENT.
OWNER reserves the right to request that DEVELOPER provide OWNER with copies of the declarations page showing all endorsements and a copy of the policy.
ITEM 19.1. ATTACHMENT 2
13.2 In addition, all Consultants performing work on behalf of DEVELOPER pursuant to this AGREEMENT shall obtain insurance subject to the same terms and conditions as set forth herein for DEVELOPER, except to the extent that different insurance requirements are set forth in this Section 13 or in Exhibits D or E, as applicable. DEVELOPER shall not allow Consultants to work if Consultants have less than the level of coverage required by OWNER under this AGREEMENT, except as approved in writing by OWNER. It is the obligation of DEVELOPER to provide notice of the insurance requirements to every Consultant and to receive proof of insurance prior to allowing any Consultant to begin work. Such proof of insurance must be maintained by DEVELOPER through the entirety of this AGREEMENT for inspection by OWNER representative(s) at any reasonable time.
13.3 All self-insured retentions (SIRs) or deductibles shall be clearly stated on the Certificate of Insurance. If no deductibles or SIRs apply, indicate this on the Certificate of Insurance with a zero (0) by the appropriate line of coverage. Any deductible or self-insured retention (SIR) in an amount in excess of $25,000 ($5,000 for automobile liability), shall specifically be approved by the City Financial Officer (“CFO”)/Office of Risk Management upon review of DEVELOPER’s latest financial reports. The named insured shall be responsible for reimbursement of any deductible to the insurer. Upon notice of any actual or alleged claim or loss arising out of contractor’s, subcontractor’s or Consultant’s work hereunder, the responsible party for any actual or alleged claim shall immediately ensure a defense is mounted in favor of DEVELOPER and any Additional Insured prior to the satisfaction of the full the SIR.
13.4 If DEVELOPER fails to maintain the required insurance for the full term of this AGREEMENT, subject to the Notice provisions here, OWNER may terminate this AGREEMENT.
13.5 Qualified Insurer
(1) The policy or policies of insurance must be issued by an insurer with a minimum rating of A- (Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com). It is preferred, but not mandatory, that the insurer shall be licensed to do business in the state of California (California Admitted Carrier).
(2) If the insurance carrier does not have an A.M. Best Rating of A-/VIII, the CFO/Office of Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings. (3) The policy or policies of insurance maintained by DEVELOPER shall provide the minimum limits and coverage as set forth below:
Coverage Minimum Limits
Commercial General Liability $1,000,000 per occurrence
ITEM 19.1. ATTACHMENT 2
$2,000,000 aggregate
Automobile Liability including converge for
owned, non-owned and hired vehicles
$1,000,000 per occurrence
$2,000,000 aggregate
Workers’ Compensation Statutory
Employers’ Liability Insurance $1,000,000 per occurrence Professional Liability $2,000,000 per claim
$2,000,000 aggregate
Umbrella Liability Insurance $10,000,000 per occurrence $10,000,000 aggregate
(4) The policy or policies of insurance maintained by Developer’s Construction Manager at Risk and any contractors shall provide the minimum limits and coverage as set forth below:
Coverage Minimum Limits
Commercial General Liability
Including Contractor’s Pollution Liability and
NODS
$5,000,000 per occurrence
$5,000,000 aggregate
Automobile Liability including converge for
owned, non-owned and hired vehicles
$5,000,000 per occurrence
Workers’ Compensation Statutory
Employers’ Liability Insurance $1,000,000 per occurrence Umbrella Liability Insurance $10,000,000 per occurrence $10,000,000 aggregate
(5) The policy or policies of insurance maintained by Architect and other Consultants shall provide the minimum limits and coverage as set forth below:
Coverage Minimum Limits
Commercial General Liability $1,000,000 per occurrence
$2,000,000 aggregate
Automobile Liability including converge for
owned, non-owned and hired vehicles
$1,000,000 per occurrence
Workers’ Compensation Statutory
ITEM 19.1. ATTACHMENT 2
Employers’ Liability Insurance $1,000,000 per occurrence Professional Liability $1,000,000 per claim
$2,000,000 aggregate
Umbrella Liability Insurance $10,000,000 per occurrence $10,000,000 aggregate
Increased limits of insurance may be met with umbrella/excess coverage provided the policy is written on a Follow Form basis.
13.6 Required Coverage Forms
(1) The Commercial General Liability coverage shall be written on Insurance Service Office (ISO) form CG 00 01, or substitute form providing liability coverage as broad.
(2) The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing liability coverage as broad.
13.7 Required Endorsements
(1) The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certification of Insurance:
(A) An Additional Insured endorsement using ISO form CG 20 10 or CG 20 33 or a form at least broad, naming the City of Rancho Cordova, their elected and appointed officials and employees as Additional Insured. (B) A primary non-contributing endorsement evidencing that the DEVELOPER’s insurance is primary and any insurance or self-insurance maintained by the OWNER shall be excess and non-contributing. (2) The Worker’s Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against OWNER and members of the City Council, its elected and appointed officials, officers, and employees. (3) All insurance policies required by this AGREEMENT shall waive all rights of subrogation against OWNER, and members of the City Council, its elected and appointed officials, officers, and employees when acting within the scope of their appointment or employment.
(4) DEVELOPER shall notify OWNER in writing within thirty (30) days of any policy cancellation and ten (10) days for non-payment of premium and provide a copy of the cancellation notice to OWNER. Failure to provide written notice of cancellation ITEM 19.1. ATTACHMENT 2
may constitute a material breach of the contract, upon which the OWNER may suspend or terminate this AGREEMENT.
(5) If DEVELOPER’s Professional Liability policy is a “claims made” policy, DEVELOPER shall agree to maintain professional liability coverage for two years following completion of this AGREEMENT.
(6) The Commercial General Liability policy shall contain a severability of interests’ clause, a "separation of insureds" or "severability" clause which treats each insured separately (standard in the ISO CG 001 policy). (7) Insurance certificates shall be forwarded to the OWNER address listed in Section 26.
(8) OWNER expressly retains the right to require DEVELOPER to increase or decrease insurance of any of the above insurance types throughout the term of this AGREEMENT, subject to such insurance being available at commercially reasonable rates and provided that OWNER pays for the cost of the increased insurance premium. Subject to the preceding sentence, any increase or decrease in insurance will be as deemed by City of Rancho Cordova’s Risk Manager as appropriate to adequately protect OWNER. (9) OWNER shall notify DEVELOPER in writing of changes in the insurance requirements. Subject to subsection (8), if DEVELOPER does not deposit copies of acceptable certificates of insurance and endorsements with OWNER incorporating such changes within thirty (30) days of receipt of such notice, OWNER may provide notice of breach to DEVELOPER, and OWNER shall be entitled to all legal remedies. (10) The procuring of such required policy or policies of insurance shall not be construed to limit DEVELOPER’s liability hereunder nor to fulfill the indemnification provisions and requirements of this AGREEMENT, nor act in any way to reduce the policy coverage and limits available from the insurer.
14. Indemnification.
To the fullest extent permitted by law, DEVELOPER agrees to, indemnify, defend with counsel approved in writing by OWNER, and hold OWNER, their elected and appointed officials, officers, contractors and employees (“OWNER Indemnitees”) harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, to the extent arising out of, pertaining to, or relating to negligence, recklessness, or willful misconduct of DEVELOPER or its Consultants. If judgment is entered against DEVELOPER and OWNER by a court of competent jurisdiction because of the concurrent active negligence of DEVELOPER and OWNER or OWNER Indemnitees, then DEVELOPER and OWNER agree that liability will be apportioned as determined by the court. Neither Party shall request a jury apportionment. Notwithstanding anything stated above, nothing contained herein shall relieve DEVELOPER of any insurance requirements or obligations created elsewhere in this ITEM 19.1. ATTACHMENT 2
AGREEMENT. DEVELOPER shall require indemnification of the OWNER in its contracts with Developer’s Construction Manager at Risk and Architect.
15. Amendments.
No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES; no oral understanding or agreement not incorporated herein shall be binding on either of the PARTIES; and no exceptions, alternatives, substitutes or revisions are valid or binding on OWNER unless authorized by OWNER in writing.
16. Successors and Assigns.
The terms and provisions of this AGREEMENT shall be binding upon and inure to the benefit of the PARTIES hereto and their successors and assigns.
17. Entirety.
This AGREEMENT contains the entire agreement between the PARTIES with respect to the matters provided for herein.
18. Severability.
If any part of this AGREEMENT is held, determined, or adjudicated to be illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this AGREEMENT shall be given effect to the fullest extent reasonably possible.
19. Binding Obligation.
The PARTIES to this AGREEMENT represent and warrant that this AGREEMENT has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity enforceable in accordance with its terms.
20. Governing Law and Venue.
20.1 This AGREEMENT has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this AGREEMENT, the sole and exclusive venue shall be a court of competent jurisdiction located in Sacramento County, California, and the PARTIES hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure, Section 394.
20.2 The PARTIES specifically agree that by soliciting and entering into and performing SERVICES under this AGREEMENT, the DEVELOPER shall be deemed to constitute doing business within the City of Rancho Cordova from the time of solicitation of work; through the period when all SERVICES under this AGREEMENT are completed, and continuing until the expiration of any applicable limitations period.
ITEM 19.1. ATTACHMENT 2
21. Intentionally omitted.
22. Ownership of Documents.
All work product (electronically or manually generated) including but not limited to: cost estimates, studies, design analyses, original mylar drawings, Computer Aided Drafting and Design (CADD) file, and other related documents which are prepared by or for DEVELOPER specifically in the performance of this AGREEMENT (collectively referred to as “PROJECT DOCUMENTS”) are to be the joint property of the OWNER and DEVELOPER (and DEVELOPER’s Consultants) and copies of the PROJECT DOCUMENTS are to be delivered to the OWNER before the final payment is made to the DEVELOPER. DEVELOPER (and its Consultants) will be able to retain a copy of all such PROJECT DOCUMENTS as part of their archival records. It is the intent of the PARTIES that, upon payment for particular PROJECT DOCUMENTS, OWNER will have the exclusive rights to use such PROJECT DOCUMENTS as a whole, but DEVELOPER and its Consultants will continue to have ownership and the rights to use, reproduce, create derivatives from, or otherwise deploy individual components of the PROJECT DOCUMENTS, so long as such use, reproduction, derivation, or deployment does not individually or in combination produce a work product substantially similar to the PROJECT DOCUMENTS. DEVELOPER (and its Consultants) would be owners of the copyrights in such drawings and OWNER would have the exclusive right to reproduce those drawings as a whole, but DEVELOPER (and its Consultants) would be free to use the particular detail drawings contained in them and other individual components of the PROJECT DOCUMENTS on other projects. Nonetheless, if OWNER re-uses, alters, modifies or adapts the PROJECT DOCUMENTS without the written consent of the DEVELOPER for the specific purpose intended, which consent the DEVELOPER will not unreasonably withhold, such action will be at OWNER’s sole risk and without liability or legal exposure to DEVELOPER or its Consultants, and the OWNER agrees to indemnify, defend, and hold the DEVELOPER and its Consultants harmless to the extent permitted by law, from all claims, damages, losses, and expenses arising out of and/or resulting from, or alleged to arise out of or result from, the OWNER’s reuse, alteration, modification or adaptation of the PROJECT DOCUMENTS.
23. Confidentiality.
23.1 All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, and all written or other information submitted to DEVELOPER in connection with the performance of this AGREEMENT shall be held confidential by DEVELOPER and/or anyone acting under contract to DEVELOPER and shall not, without the prior consent of OWNER, be used for any purposes other than the performance of the SERVICES, not be disclosed to any person, partnership, company, corporation or agency, that is not connected with the performance of the SERVICES.
ITEM 19.1. ATTACHMENT 2
23.2 Nothing furnished to DEVELOPER which is generally known among cities in Northern California shall be deemed confidential.
23.3 DEVELOPER shall not use OWNER’s name or insignia, photographs of the PROJECT, or any other publicity pertaining to the PROJECT in any magazine, trade paper, newspaper, or other medium without the consent of OWNER. DEVELOPER will also use reasonable efforts to prevent anyone acting under the supervision of DEVELOPER from using OWNER’s name or insignia, photographs of the PROJECT, or any other publicity pertaining to the PROJECT in any magazine, trade paper, newspaper, or other medium without the consent of OWNER.
24. Publication.
24.1 No copies of sketches, schedules, written documents, computer-based data, photographs, maps or graphs, including graphic art work, resulting from performance or prepared in connection with this AGREEMENT, are to be released by DEVELOPER and/or anyone acting under the supervision of DEVELOPER to any person, partnership, company, corporation, or agency, without prior approval by the OWNER, except as necessary for the performance of the services of this AGREEMENT. All press contacts, including graphic display information to be published in newspapers, magazines, etc., are to be administered only after OWNER’s approval.
24.2 DEVELOPER agrees that it will not issue any news releases or make any contact with or respond to inquiries from the media in connection with either the award of this AGREEMENT or any subsequent amendment of, or effort under this AGREEMENT.
DEVELOPER must first obtain review and approval of said media contact from the OWNER.
Any requests for interviews or information received by the media shall be referred directly to the OWNER. DEVELOPER is not authorized to serve as a media spokesperson for OWNER’s or the Project without first obtaining consent from the OWNER.
25. Records and Audit/Inspections.
25.1 DEVELOPER shall keep an accurate record of costs incurred by DEVELOPER and/or Consultants employed by DEVELOPER in the performance of this AGREEMENT.
25.2 Within thirty (30) days of OWNER’s written request, or sooner if ordered by a court of competent jurisdiction, DEVELOPER shall allow OWNER or authorized State or Federal agencies or any duly authorized representative to have the right to access, examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, time cards or other records relating to this AGREEMENT.
25.3 DEVELOPER shall keep such material, including all pertinent cost accounting, financial records and proprietary data for a period of three (3) years after termination or completion of the AGREEMENT or until resolution of any claim or dispute between the PARTIES, whichever ITEM 19.1. ATTACHMENT 2
is later. Prior to discarding such material, DEVELOPER shall offer the above material to OWNER.
25.4 Should DEVELOPER cease to exist as a legal entity, records pertaining to this AGREEMENT shall be forwarded within a reasonable period of time not to exceed sixty (60) days to its successor in interest or surviving entity in a merger or acquisition, or, in the event of liquidation, to OWNER.
26. Notices.
26.1 Any and all notices, requests, demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing, except through the course of the PARTIES’ project managers; routine exchange of information and cooperation during the SERVICES.
26.2 Any written communications shall be deemed to have been duly given upon actual in-person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt, or no greater than four (4) calendar days after being mailed by U. S. certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day.
26.3 All communications shall be addressed to the appropriate PARTY at the address stated herein or such other address as the PARTIES hereto may designate by written notice from time to time in the manner aforesaid.
For DEVELOPER:
Name: Griffin / Swinerton, LLC
Address: 1 Technology Drive, Building I, Suite 829
City: Irvine, CA 92618
Attn: Roger Torriero and Korin Crawford
Phone: 949.497.9000
E-mail: [email protected];
[email protected]
For OWNER:
Name: Cyrus Abhar, City Manager
Address: 2729 Prospect Park Drive
City: Rancho Cordova, CA 95670
Attn: City Manager
Phone: 916 851-8700
E-mail: [email protected]
Copy to:
ITEM 19.1. ATTACHMENT 2
Adam U. Lindgren, City Attorney
Address: _555 Capitol Mall, Suite 1200
City: Sacramento, CA 995814
Phone: (916) 556-1531
E-mail: [email protected]
27. Attorney’s Fees.
In any action or proceeding to enforce or interpret any provision of this AGREEMENT, or where any provision hereof is validly asserted as a defense, each PARTY shall bear its own attorney's fees, costs and expenses.
28. Interpretation.
28.1 This AGREEMENT has been negotiated at arm’s length and between persons sophisticated and knowledgeable in the matters dealt with in this AGREEMENT.
28.2 In addition, each PARTY acknowledges that it has been represented by experienced and knowledgeable independent legal counsel of their own choosing, or has knowingly declined to seek such counsel despite having the opportunity to do so.
28.3 Each PARTY further acknowledges that they have not been influenced to any extent whatsoever in executing this AGREEMENT by any other PARTY hereto or by any person representing them, or both.
28.4 Accordingly, any rule of law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this AGREEMENT against the PARTY that has drafted it is not applicable and is waived.
28.5 The provisions of this AGREEMENT shall be interpreted in a reasonable manner to affect the purpose of the PARTIES and this AGREEMENT.
29. Headings.
The various headings and numbers herein, the grouping of provisions of this AGREEMENT into separate clauses and paragraphs, and the organization hereof are for the purpose of convenience only and shall not limit or otherwise affect the meaning hereof.
30. Acceptance.
Unless otherwise agreed to in writing by OWNER acceptance shall not be deemed complete unless in writing and until all the services have actually been received, inspected, and tested to the satisfaction of OWNER.
ITEM 19.1. ATTACHMENT 2
31. Consent to Breach not Waiver.
31.1 No term or provision of this AGREEMENT shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the PARTY claimed to have waived or consented.
31.2 Any consent by any PARTY to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
32. Remedies Not Exclusive.
The remedies for breach set forth in this AGREEMENT are cumulative as to one another and as to any other provided by law, rather than exclusive; and the expression of certain remedies in this AGREEMENT does not preclude resort by either PARTY to any other remedies provided by law.
33. Independent Contractor.
33.1 As referenced in Section 4 of this AGREEMENT, DEVELOPER shall be considered an independent contractor.
33.2 Neither DEVELOPER, its employees nor anyone working under DEVELOPER shall qualify for workers’ compensation or other fringe benefits of any kind through OWNER.
34. Changes.
DEVELOPER shall make no changes in the work or perform any additional work other than the SERVICES without the OWNER’S specific written approval.
35. Assignment.
The terms, covenants, and conditions contained herein shall apply to and bind the approved heirs, successors, executors, administrators and assigns of the PARTIES. Furthermore, neither the performance of this AGREEMENT nor any portion thereof may be assigned or sub-contracted by DEVELOPER, by any means whatsoever including but not limited to acquisition by merger, without the express written consent of OWNER or as specifically permitted herein. Except as set forth herein, any attempt by DEVELOPER to assign or sub-contract the performance or any portion thereof of this AGREEMENT without the express written consent of OWNER shall be invalid and shall constitute a breach of this AGREEMENT. As set forth hereinabove, OWNER hereby consents to DEVELOPER subcontracting the architectural/engineering services to LPA, Inc. and pre-construction services to Swinerton Builders.
ITEM 19.1. ATTACHMENT 2
36. Changes in Ownership.
DEVELOPER agrees that if there is a change or transfer in ownership in excess of 50% of the ownership of DEVELOPER, including but not limited to merger by acquisition, of DEVELOPER’s business prior to completion of this AGREEMENT, the new owners shall be required under terms of sale or other transfer to assume DEVELOPER’s duties and obligations contained in this AGREEMENT and to obtain the written approval of OWNER of such merger or acquisition (which approval will not be unreasonably withheld, conditioned, or delayed), and complete the obligations and duties contained in the AGREEMENT to the satisfaction of OWNER.
37. Force Majeure.
Neither PARTY shall be assessed with damages or unsatisfactory performance penalties during any delay beyond the time needed for the performance of this AGREEMENT caused by any act of God, war, civil disorder, or other cause beyond its reasonable control, during which said PARTY is unable to perform, provided said PARTY gives written notice of the cause of the delay to to the other PARTY within seven (7) days of the start of the delay and avails itself of any available remedies.
38. Compliance with Laws.
39.1 DEVELOPER represents and agrees that services to be provided under this AGREEMENT shall fully comply, at DEVELOPER’s expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively “laws”), including, but not limited to those issued by OWNER in its governmental capacity and all other laws applicable to the SERVICES at the time SERVICES are provided to and accepted by OWNER.
39.2 DEVELOPER acknowledges that OWNER is relying on DEVELOPER for such compliance, and pursuant to the requirements of the indemnification paragraph above, DEVELOPER agrees that it shall defend, indemnify and hold OWNER and OWNER INDEMNITEES harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws.
39. Calendar Days.
Any reference to the word “day” or “days” herein means calendar day or calendar days, respectively, unless otherwise expressly provided.
40. Breach of Contract.
The failure of the DEVELOPER to substantially comply with any of the material provisions, covenants or conditions of this AGREEMENT shall be a material breach of this AGREEMENT. In such event, in addition to any other remedies available at law, in equity, or otherwise specified in this AGREEMENT, the OWNER may:
ITEM 19.1. ATTACHMENT 2
41.1 provide the DEVELOPER written notice of the breach and thirty (30) calendar days pursuant to Section 7.1 or such shorter time that may be specified in this AGREEMENT within which to cure the breach;
41.2 discontinue payment to the DEVELOPER for and during the period in which the DEVELOPER is in breach; and
41.3 offset those monies disallowed pursuant to the above, against any monies billed by the DEVELOPER but yet unpaid by the OWNER.
41. Conflict of Interest DEVELOPER Personnel.
42.1 The DEVELOPER shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the OWNER. This obligation shall apply to the DEVELOPER, the DEVELOPER’s employees, agents, and relatives; sub-tier contractors; and third parties associated with accomplishing work and SERVICES hereunder.
42.2 DEVELOPER’s efforts shall include, but not be limited to establishing precautions to prevent its employees or agents from: making, receiving, providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to appear to influence individuals to act contrary to the best interests of the OWNER.
42. Title to Data.
43.1 All materials, documents, data or information obtained from the OWNER data files or any OWNER medium furnished to the DEVELOPER in the performance of this AGREEMENT, will at all times remain the property of the OWNER. Such data or information may not be used or copied for direct or indirect use by the DEVELOPER after completion or termination of this AGREEMENT without the express written consent of the OWNER.
43.2 All materials, documents, data or information, including copies furnished by OWNER and loaned to DEVELOPER for its temporary use, must be returned to the OWNER at the end of this AGREEMENT unless otherwise specified by the OWNER.
43. Staffing.
The DEVELOPER will maintain an adequate number of competent and qualified persons, as reasonably determined by the OWNER, to ensure acceptable and timely completion of the scope of services described in this AGREEMENT throughout the period of those services.
44. Availability of Funds.
The obligation of OWNER is subject to the availability of funds appropriated for this purpose, and nothing herein shall be construed as obligating the OWNER to expend or as involving ITEM 19.1. ATTACHMENT 2
the OWNER in any contract or other obligation for future payment of money in excess of appropriations authorized by law.
45. Public Records Act.
Pursuant to the California Public Records Act (“CPRA”), Government Code Sections 6250 et seq., all records provided by DEVELOPER to OWNER are subject to public disclosure upon request except as otherwise provided by law. Prior to their submission to OWNER, DEVELOPER shall identify any records it believes are exempt from disclosure, identify the applicable CPRA exemption, and mark or otherwise conspicuously identify those documents as CONFIDENTIAL.
If the disclosure of such records is subsequently requested or determined by OWNER to be required, OWNER will notify DEVELOPER of such request or determination. Unless DEVELOPER obtains a protective order issued by a court restricting disclosure of the requested records, OWNER may disclose the records if OWNER determines that the Public Records Act requires disclosure. DEVELOPER shall indemnify and defend OWNER in any action to compel disclosure of such records that DEVELOPER has identified as exempt from CPRA and requested OWNER not to disclose.
46. Authorization.
Each signatory to this AGREEMENT represents that it is authorized to execute and cause the respective PARTY to be bound by this AGREEMENT.
[SIGNATURES ON FOLLOWING PAGE]
ITEM 19.1. ATTACHMENT 2
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT on the dates opposite their respective signatures:
GRIFFIN / SWINERTON, LLC
a Delaware limited liability company
Contractor’s License Number 1045588
Date: ___________ By: ______________________________________ Signature
Roger Torriero, Managing Principal
Print Name & Title
(If a corporation, the document must be signed by two corporate officers. The 1st must be either Chairman of the Board, President or any Vice President.) Date: ___________ By: ______________________________________ Signature
Korin Crawford, Principal
Print Name & Title
(If a corporation, the 2
nd signature must be either the Secretary, an
Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer.) ITEM 19.1. ATTACHMENT 2
CITY OF RANCHO CORDOVA
a municipal corporation
By: ______________________________________
Date: _____________________________________
APPROVED AS TO FORM
By: __________________________
Adam U. Lindgren, City Attorney
ITEM 19.1. ATTACHMENT 2
Page A-1 of 1
EXHIBIT A
DESCRIPTION OF LAND AND PROJECT
Land
Mills Crossing will be built on a stand-alone parcel that is approximately 9.8 acres, APNs: 076- 0020-019 through -022, 10153-10179 Folsom Boulevard, located directly across the street from the Mather Field/Mills Station and bounded by El Caprice to the west, and Folsom Boulevard to the south, and Folsom Lake College to the east.
Project
A Mixed Use transit oriented development (TOD) consisting of (1) community-commercial facilities including an modern community arts center, health and wellness center, and flexible community building; (2) residential use of at least 100 units on the Property, with at least 25% of those residential units to be restricted to lower income households; and (3) Public Plaza and community green space to be enjoyed by the Rancho Cordova community, including nearby Mather Field/Mills Station transit riders and Folsom Lake College as more fully described in the Preliminary Building Program in Exhibit F.
5121192.2
ITEM 19.1. ATTACHMENT 2
Page B-1 of 108
EXHIBIT B
FORM OF DEVELOPMENT AGREEMENT
See attached form of Development Agreement.
ITEM 19.1. ATTACHMENT 2
Page B-2 of 108
DEVELOPMENT AGREEMENT
Between
_____________________________
a California nonprofit public benefit corporation
(“Corporation”)
and
GRIFFIN / SWINERTON, LLC
a Delaware limited liability company
(“Developer”)
Dated as of ________________, 2022
[PROJECT NAME]
[PROJECT Street Address]
[PROJECT City, State, Zip Code]
ITEM 19.1. ATTACHMENT 2
TABLE OF CONTENTS
Page
-iiiPage B-iii of 108
DEVELOPMENT AGREEMENT ................................................................................... 12 RECITALS .................................................................................................................... 12
1.DEFINITIONS ............................................................................................................ 14
2.DEVELOPMENT OF THE PROJECT........................................................................ 27 Guaranteed Maximum Price of Project .............................................................. 27 Corporation Contingency Costs......................................................................... 27 Diligent Efforts; Relationship of the Parties ...................................................... 27 Mutual Cooperation; Liability of Corporation.................................................... 27 Term ..................................................................................................................... 28 Scope of Work ..................................................................................................... 28 Services ............................................................................................................... 28
3.PROJECT FINANCING. ............................................................................................ 29 Issuance of Bonds............................................................................................... 29 Disbursal of Proceeds......................................................................................... 29
4.PROJECT DESIGN.................................................................................................... 29 Selection of Development Team for Project ...................................................... 29 Design Contracts................................................................................................. 29 Assignment of Certain Agreements................................................................... 29 Project GMP Breakdown..................................................................................... 29 Drawings .............................................................................................................. 29 LEED Certification............................................................................................... 30 Corporation’s Review.......................................................................................... 30 Resubmittals........................................................................................................ 31 Permit and Construction Documents................................................................. 31
5.CONSTRUCTION MANAGEMENT SERVICES ........................................................ 31 Preconstruction Phase........................................................................................ 31 (a) Design....................................................................................................32 (b) Schedule ................................................................................................32 (c) Constructability.......................................................................................32 (d) Temporary Facilities ...............................................................................32 ITEM 19.1. ATTACHMENT 2
TABLE OF CONTENTS
(continued)
Page
-ivPage B-iv of 108
(e) Categories of Work.................................................................................32 (f) Construction Schedule ...........................................................................32 (g) Weekly Meetings and Look-Ahead Charts..............................................33 (h) Long Lead Time Items............................................................................33 (i) Consultants ............................................................................................33 Bidding................................................................................................................. 33 (a) Competitive Bidding ...............................................................................33 (b) Pre-Qualification.....................................................................................34 (c) Procurement Plan...................................................................................34 (d) Bid Bonds...............................................................................................34 (e) Bid Process ............................................................................................34 (f) Analysis..................................................................................................35 (g) Bidders Interest ......................................................................................35 (h) Receiving Bids........................................................................................35 (i) Awarding Contracts ................................................................................35 (j) Rejecting Bids ........................................................................................35 (k) Bidder Default ........................................................................................35 (l) Best Value..............................................................................................36 (m) Trade Contractor Procurement Plan.......................................................36 (n) Negotiated Trade Contractors ................................................................36 (o) Construction Manager Self-Performing...................................................37 (p) Compliance with Requirements of Law...................................................38 Construction Phase............................................................................................. 38 (a) Administer CMAR Contract.....................................................................38 (b) Coordination...........................................................................................38 (c) Project Schedule ....................................................................................38 (d) Administration of Agreements.................................................................38 (e) Cash Flow Reports.................................................................................39 (f) Inspections and Testing..........................................................................39 (g) RFIs .......................................................................................................39 (h) Submittals ..............................................................................................39 (i) Changes.................................................................................................39 (j) Progress Reports ...................................................................................39 (k) Record Drawings....................................................................................39 (l) Contractor Pay Apps ..............................................................................40 (m) Project Pay Apps....................................................................................40 (n) Certifications ..........................................................................................40 (o) Final Testing and Start-Up......................................................................40 (p) Punch List ..............................................................................................40 (q) Final Completion ....................................................................................40 (r) Timely Completion..................................................................................41 Costs .................................................................................................................... 41 (a) Wage Rates ...........................................................................................41 ITEM 19.1. ATTACHMENT 2