Rancho Cordova City Council
October 3, 2022

PLHA Draft Application
Draft 302(c)(4) Plan
7/18/2022
available to affordable housing developers through a competitive Request for Proposals (RFP) process and/or over the counter application process. Each RFP will seek development proposals that include new affordable housing units for households with incomes at or below 120% of AMI with an emphasis on developments that serve individuals at or below 60% AMI. The City works closely with the local Continuum of Care (CoC), affordable housing developers, and general community to increase affordable housing units across the housing continuum. The City also gives priority to projects that leverage several sources of funding for the maximum benefit to the community.

PLHA funds under this activity used for the development of Affordable Rental Housing shall be provided in the form of a low-interest, deferred loan and will be evidenced through a Promissory Note secured by a Deed of Trust, a
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity
The City solicits projects through a RFP process that creates a consistent standard for all projects awarded funding. The areas of focus are Application Completeness, Project Design and Capacity, Urgency and Persistence of Need, Project Implementation Readiness, Past Performance, Financial Management, General Regulatory Compliance, Budget, Fund Development, and leveraging. These areas allow staff and oversight authorities the ability to assess each application to the funding requirements for any project.

Due to the relatively lower funding amount that the City is entitled to through the PHLA program, the City will also consider an over the counter application process for projects that have already been awarded City funding from other sources but need additional funding to increase competitiveness for other state or federal grant programs.

Selected projects will demonstrate that they have the capacity to secure other sources of funding.

Reviewed projects are then presented to City Council for approval. All projects will be secured by a loan agreement, promissory note, Deed of Trust and Regulatory Agreement. City staff is well trained in on-going project and long-term monitoring to ensure that projects comply throughout the ongoing affordability period. The City will issue a RFP annually or biannually to ensure an ongoing project pipeline.

§302(c)(4/6)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element.

The proposed plan directs 100% of the City’s PLHA funding to the development of new affordable housing units. Use of PLHA funds for this unmet housing need is consistent with the City’s Adopted 2021-2029 Certified Housing Element Action H.5.2.1 – Pursue available and appropriate state and federal funding sources to support efforts to meet new construction needs of extremely low, very low, low, and moderate-income households.

Regional Housing Needs Allocation (RHNA) – Background and Local Requirements Table 1 illustrates RHNA allocations imposed during the 2021-2029 Housing Element Cycle for the City of Rancho Cordova for Very-low, Low-, Moderate, and Above-Moderate income levels. The City will offer PLHA funds to assist in building units in an effort to address the local RHNA housing allocations.

Table 1. City of Rancho Cordova Housing Needs Allocation 2021-2029 ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

PLHA Draft Application
Draft 302(c)(4) Plan
7/18/2022
Effective Date
December 31,
2021
Very-Low
Income
Low Income Moderate
Income
Above Moderate
Income
Total
RHNA Allocation
(Unts)
2,115 1,274 1,684 3,994 9,067
Progress
(Permitted Units)
0 0 235 317 552
Remaining Units 2,115 1,274 1,449 3,677 8,515

302(c)(4)(E)(i) Percentage of Funds Allocated for
the Proposed Affordable Rental Housing Activity
100%, approximately $1,712,196 (over 5 years)
302(c)(4)(E)(ii) Area Median Income Level Served 30% to 120% AMI 302(c)(4)(E)(ii) Unmet share of the RHNA at the
AMI Level
4,838 (VL, L, Mod)
302(c)(4)(E)(ii) Projected Number of Households
Served
50 (over 5 years)
302(c)(4/6)(E)(ii) Period of Affordability for the
Proposed Affordable Rental Housing Activity (55
years required for rental housing projects)
55 years

HCD Local 2022 Income Limits for this Program

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Final Filing Date: October 31, 2022
at 4:00 P.M. PST
Permanent Local Housing Allocation
(PLHA) Formula Allocation
2022 Application for New Applicants
State of California
Governor, Gavin Newsom
Lourdes Castro Ramírez, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
Department of Housing and Community Development
Program Design and Implementation, PLHA Program
2020 West El Camino Avenue, Suite 150, Sacramento, CA 95833 PLHA Program Email: [email protected]
ITEM 10.1.

ATTACHMENT 3

Threshold items are indicated in "blue" cells.

Applicant must complete the following worksheets in the PLHA Formula Allocation Application.

Formula Allocation Application
"Red" shaded cells indicate the Sponsor has failed to meet a requirement of the program.

Application and Adopting the
PLHA Plan (2019-2023
Allocations) Reso
Electronic File Name
App1 TIN
Pursuant to section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for 2019-2023 allocations is attached to this resolution, and Applicant certifies compliance with all public notice, comment, and hearing requirements in accordance with the Guidelines.

Document Description
302(c)(4) Plan
Legislative Contacts
Applications must be on the Department’s forms and cannot be altered or modified by the Applicant. Excel forms must be in Excel format and 'save as' .xls or .xlsx. Do not 'save as' .xlsm or .pdf format. If you encounter problems with the application, please fill out the Application Support worksheet and email the entire workbook to Application Support at [email protected] and [email protected]
General Instructions Additional instructions and guidance are given throughout the Formula Allocation Application in "red" text and in cell comments.

Guideline references are made with "§" and the corresponding guideline section number. "Yellow" cells are for Applicant input. Failure to provide the required attachments and documentation will disqualify your application from consideration.

Required attachments are indicated in "orange" throughout the Supplemental Application. Failure to provide the required attachments and documentation may disqualify your application from consideration. Electronically attached files must use the naming convention in the PLHA Application. For Example: "App1 Payee Data" for Applicant 1 Payee Data Record/STD. 204.

Instructions
This application form is limited to Applicants who did not apply to the 2020 and 2021 Formula Allocation NOFA
Rev. 2/16/22
When opening this file, a yellow banner at the top may appear with a button that says "Enable Content". It is essential that you click this box so that the macros are enabled. Enabling macros is necessary for full worksheet functionality. Macros do not work with Microsoft's Excel version for Apple Mac.

Applications must be submitted electronically to the Department’s website. Requirements for uploading the Application Workbook and required supporting documentation, including naming conventions, are described in the application instructions available at https://www.hcd.ca.gov/grants-funding/active-funding/plha.shtml. All applicable information must be received by HCD no later than 4:00 p.m. on:

Monday, October 31, 2022
Disclosure of Application (California Public Records Act Statutes of 1968 Chapter 1473): Information provided in the application will become a public record available for review by the public, pursuant to the California Public Records Act Statutes of 1968 Chapter 1473. As such, any materials provided will be disclosable to any person making a request under this Act. The Department cautions Applicants to use discretion in providing information not specifically requested, including but not limited to, bank accounts, personal phone numbers and home addresses. By providing this information to the Department, the Applicant is waiving any claim of confidentiality and consents to the disclosure of submitted material upon request.

Included?
Included
N/A
X Reuse Plan
X Applicant Delegation
Agreement
0 X Executed Application Provide a copy of the signed application. Signature in blue ink preferred. Included Legally binding agreement between Delegating and Administering Local Governments (sample provided—just click on icon in row 17, column AI)
Program Income Reuse Plan describing how repaid loans or accrued interest will be used for eligible activities in Section 301.

Included
Checklist
Included
Threshold
Requirement
X
PLHA Page 2     Instructions & Checklist
ITEM 10.1.

ATTACHMENT 3

Local Government Formula Allocation for New Applicants Rev. 2/16/22 2729 Prospect Park Drive
§301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days.
§301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to Extremely low-,Very low-, Low-, or Moderate-income households, including necessary operating subsidies. §301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing. §301(a)(6) Assisting persons who are experiencing or At-risk of homelessness, including, but not limited to, providing rapid re-housing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. §301(a)(5) Capitalized Reserves for services connected to the preservation and creation of new permanent supportive housing. §301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.

Instructions: If the Local Government Recipient of the PLHA Formula Allocation delegated its PLHA formula allocation to a Local Housing Trust Fund or to another Local Government, the Applicant (for which information is required below) is the Local Housing Trust Fund or administering Local Government. The PLHA award will be made to the Applicant (upon meeting threshold requirements) and the Applicant is responsible for meeting all program requirements throughout the term of the Standard Agreement.

The 302(c)(4) Plan template worksheet requires first choosing one or more of the Eligible Activities listed below. If "Yes" is clicked, the 302(c)(4) Plan worksheet opens a series of questions about what precise activities are planned. Some specific activities, such as providing downpayment assistance to lower-income households for acquisition of an affordable home, could be included under either Activity 2 or 9. Please only choose one of those Activities; don't list the downpayment assistance under both Activities.

If the PLHA funds are used for the same Activity but for different Area Median Income (AMI) level, select the same Activity twice (or more times) and the different AMI level the Activit y
will serve. Please enter the percentage of funds allocated to the Activity in only the first Activity listing to avoid double counting the funding allocation.

For each year (2019-2023), allocations must equal 100% annually including the allowable administrative costs of up to 5% 2021 PLHA NOFA Formula Allocation Amount: $443,548 2021 NOFA Allowable Local Admin (5%): $22,177 Uploaded to HCD?
§300(d) Is Applicant delegated by another Local government to administer on its behalf its formula allocation of program funds? CA
§302(c)(3) Applicant certified in the Resolution submitted with this application that, if the Local Government proposes allocation of funds for any activity to another entity, the Local government’s selection process had no conflicts of interest and was accessible to the public. §302(c)(2) Applicant certified in the Resolution submitted with this application that submission of the applicati on was authorized by the governing board of the Applicant.

Eligible Activities, §301
Title:
95670
Yes
§302(a) The Applicant's Housing Element and Delegating Local Government's Housing Element (if applicable) was/were adopted by the Local Government’s governing body by the application submittal date subsequently determined to be in substantial compliance with state Housing Element Law pursuant to Government Code Section 65585.

Yes
§301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds.

State: CA
Address:

Stefan Heisler
Housing Manager
2729 Prospect Park Drive
Yes
Threshold Requirements, §302
§302(b) Applicant or Delegating Local Government has submitted the current or prior year's Annual Progress Report to the Department of Housing and Community Development pursuant to Government Code Section 65400. Yes §300(d) If Applicant answered "Yes" above, has the Applicant attached the legally binding agreement required by §300 (c) and (d)? A sample agreement can
be found by double clicking
on the icon to the right
§302(c)(5) Applicant certified in the Resolution submitted with this application that the Plan submitted is for a term of five years (2019-2023). Local Governments agree to inform the Department of changes made to the Plan in each succeeding year of the term of the Plan. Yes §302(c)(6) Applicant certified in the Resolution submitted with this application that it will ensure compliance with §302(c)(6) if funds are used for the acquisition, construction, or rehabilitation of for-sale housing projects or units within for-sale housing projects.

Yes
Yes§302(c)(4)(D) Applicant certified in the Resolution submitted with this application that the Plan was authorized and adopted by resolution by the Local Government and that the public had an adequate opportunity to review and comment on its content. §302(c)(7) Applicant certified in the Resolution submitted with this application that it will ensure that the PLHA assistance is in the form of a low-interest, deferred loan to the Sponsor of the Project, if funds are used for the development of an Affordable Rental Housing Development. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with the Local government-approved underwriting of the Project for a term of at least 55 years.

Yes
File Name: Reuse Plan Program Income Reuse Plan describing how repaid loans or accrued interest will be used for eligible activities in Section 301.

Narrative uploaded
to HCD? Yes
§302(c)(8) Has Applicant attached a program income reuse plan describing how repaid loans or accrued interest will be reused for eligible activities specified in Section 301? Yes
§302(c)(4) Applicant certified in the Resolution submitted with this application that the application include a Plan in accordance with §302(c)(4)? Applicant Delegation Agreement Legally binding agreement between Delegating and Administering Local Governments (sample provided—just click on icon in row 17, column AI) Yes
Yes
§301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing Project. §301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance. §301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments.

N/A
File Name:

Pursuant to section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for 2019-2023 allocations is attached to this resolution, and Applicant certifies compliance with all public notice, comment, and hearing requirements in accordance with the Guidelines.

No
App1 TIN
Application and Adopting the
PLHA Plan (2019-2023 Allocations)
Reso
Included?§301(a) Eligible activities are limited to the following:

File Name:

Uploaded to HCD? N/A
Uploaded to
HCD?Yes
Yes
File Name:

Contact Phone:

Rancho Cordova State:
$285,366 2020 NOFA Allowable Local Admin (5%): $14,268
Eligible Applicants §300
§300(a) and (b) Eligible Applicants for the Entitlement and Non-Entitlement formula component described in Section §100(b)(1) and (2) are limited to the metropolitan cities and urban counties allocated a grant for the federal fiscal year 2017 pursuant to the federal CDBG formula specified in 42 USC, Section §5306 and Non-entitlement local governments.

Applicant: City of Rancho Cordova
County:
916-851-8757
95670
Auth Rep Name: Stefan Heisler
City: Rancho Cordova CA Zip:

Zip Code:
2022 PLHA NOFA Formula Allocation Amount: $488,110 2022 NOFA Allowable Local Admin (5%): $24,406 Eligible Applicant Type: Entitlement.

Local Government Recipient of PLHA Formula Allocation: Rancho Cordova City 2020 PLHA NOFA Formula Allocation Amount:

Zip Code:
916-851-8757
Contact Name:

City:

Phone:

Address:

Address:
2729 Prospect Park Drive
Contact Email: [email protected]
City:
95670 SacramentoState:

Rancho Cordova
[email protected] Rep. Email:

Title: Housing Manager
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
SAMPLE -Legally
Binding Agreement
PLHA Page 3 Formula Allocation Application
ITEM 10.1.

ATTACHMENT 3

Administration
Signature Date
Certifications
Applicant agrees to adhere to §503, Reporting. Yes
Applicant agrees to adhere to §502, Cancellation/Termination.

Authorized Representative Printed Name Title
Yes
On behalf of the entity identified below, I certify that: The information, statements and attachments included in this application are, to the best of my knowledge and belief, true and correct and I possess the legal authority to submit this application on behalf of the entity identified in the signature block.

YesApplicant agrees to adhere to §501, Audits/Monitoring of Project Files.

YesApplicant agrees to adhere to §500, Accounting Records.

PLHA Page 4 Formula Allocation Application
ITEM 10.1.

ATTACHMENT 3

§302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element.

The proposed plan directs 100% of the City's PLHA funding to the development of new affordable housing units. Use of PLHA funds for this unmet housing need is consistent with the City's Adopted 2021-2029 Certified Housing Element Action H.5.2.1 - Pursue available and appropriate state and federal funding sources to support efforts to meet new construction needs of extremely low, very low, low, and moderate- income households.
§301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-,very low-, low-, or moderate- income households, including necessary Operating subsidies. §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for each proposed Affordable Rental Housing Activity. §302(c)(4) Plan Rev. 2/16/22
§302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.

Over the next 5 years, the City of Rancho Cordova will use the PLHA funds to expand and enhance the access to and number of affordable housing units within the City of Rancho Cordova through the following eligible activities. The funding will be used as gap financing for the development of new affordable housing projects and permanent supportive Housing Units within the City limits of Rancho Cordova.

Application Request for five-year period:
- $1,712,196 - 301(a)(1) - The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-, very low-, low-, or moderate-income households.
- Over the course of the 5 years, it is projected that the City will create a minimum of 50 units with 40 units dedicated to households earning 60% Area Median Income (AMI) or less. The First Annual Allocation is $285,366. Annual Allocations over the 5-year period will average approximately $342,439 - $285,366 - 301(a)(1) - The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-, very low-, low-, or moderate income households§302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI).

The City will partner with local affordable hosuing developers by competitively awarding PLHA funds through the issuance of Request for Proposals (RFP). The City will prioritize investments that increase the supply of housing for households with incomes from 60% to 120% of the AMI. When issuing RFPs for affordable housing projects under this category, the City may award bonus points for project proposals intended to serve households below 60% AMI.

Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301)) PLHA funds in this category will be allocated for the predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low, very low, low, or moderate-income households. This allocation will be made available to affordable housing developers through a competitive Request for Proposals (RFP) process and/or over the counter application process. Each RFP will seek development proposals that include new affordable housing units for households with incomes at or below 120% of AMI with an emphais on developments taht serve individuals at or below 60% AMI. The City works closely with the local Continuum of Care (CoC), affordable housing developers, and general community to increase affordable housing units across the housing continuum. The City also gives priority to projects that leverage several sources of funding for the maximum benefit to the community. PLHA funds under this activity used for the development of Affordable Rental Housing shall be provided in the form of a low-interest, deferred loan and will be evidenced through a Promissory Note secured by a Deed of Trust, and a Regulatory Agreement for a term of at least 55 ears
Funding Allocation Year 2019 2019 2020 2020 2021 2021 2022 2022 2023 2023 Complete the table below for each proposed Affordable Rental Housing Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).
50 55
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity. §302(c)(4)(E)(i) Percentage of
Funds Allocated for the
Proposed Affordable Rental
Housing Activity
100.0% 100.0% 100.0% 100.0%
§302(c)(4)(E)(ii) Area Median
Income Level Served 60% 120% 60% 120% 60% 120% 60% 120% 5555
100.0%
TOTAL60% 120%
30 §302(c)(4)(E)(ii) Unmet share of
the RHNA at the AMI Level
Note: complete for years 2019,
2020, 2021 only
The City solicits projects through a RFP process that creates a consistent standard for all projects awarded funding. The areas of focus are Application Completeness, Project Design and Capacity, Urgency and Persistence of Need, Project Implemetnation Readiness, Past Performance, Financial Management, General Regulatory Compliance, Budget, Fund Development, and leveraging. These areas allow staff and oversight authorities the ability to assess each application to the funding requirements for any project. Due to the relatiely lower funding amount that the city is entitled to through teh PHLA program, the City will also consider an over teh counter application process for projects that have already been awarded City funding form other sources but need additional funding to increase competitiveness for other state or federal grant programs. Selected projects will demonstrate that they have the capacity to secure other sources of funding. Reviewed projects are then presented to City Concil for approval. All projects will be secured by a loan agreement, promissory note, Deed of Trust and Regulatory Agreement. City staff is well trained in on-going project and long-term monitoring to ensure that projecst comply throughout the ongoing affordabilit period The Cit ill iss e a RFP ann all or biann all to ens re an ongoing project pipeline 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years
§302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Affordable Rental Housing
Activity (55 years required for
rental housing projects)
55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years §302(c)(4)(E)(ii) Projected
Number of Households Served 5 5555555
55 PLHA Page 1 302(c)(4) Plan
ITEM 10.1.

ATTACHMENT 3

MEMORANDUM
City Council Staff Report - Page 1 of 4

ITEM 10.2.

DATE: October 3, 2022

TO: Honorable Mayor and Council Members

FROM: Darcy Goulart, Planning Manager

SUBJECT: AN ORDINANCE AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.34 REDEVELOPMENT AGENCY; TITLE 4
BUSINESS REGULATION, CHAPTER 4.10 SPECIAL BUSINESS
LICENSES AND EMPLOYEE PERMITS; TITLE 6 HEALTH AND
SANITATION, CHAPTER 6.28 WELLS AND PUMPS & CHAPTER 6.90 CANNABIS CULTIVATION; TITLE 10 VEHICLES AND TRAFFIC,
CHAPTER 10.64 TRIP REDUCTION PROGRAMS; TITTLE 14
AGRICULTURAL ACTIVITIES, CHAPTER 14.05 AGRICULTURAL
ACTIVITIES; TITLE 16 BUILDINGS AND CONSTRUCTION, CHAPTER

16.95 STORM DRAINAGE IMPACT FEE PROGRAM; TITLE 21
PLANS, CHAPTER 21.12 PROCEDURES FOR ADOPTION OR
AMENDMENT OF PLANS; TITLE 22 LAND DEVELOPMENT,
CHAPTER 22.160 CAPITAL IMPROVEMENT PROGRAM; AND TITLE
23 ZONING CODE, CHAPTER 23.104 APPROVAL AUTHORITY,
CHAPTER 23.119 UNIFIED SIGN PROGRAM, CHAPTER 23.158
DEVELOPMENT AGREEMENTS, CHAPTER 23.501 INTRODUCTION
TO FORM-BASED PROVISIONS, & CHAPTER 23.743 SIGNS

RECOMMENDATION

Waive the first reading and introduce the Ordinance.

RESULT OF RECOMMENDED ACTION

The Ordinance would come back for a second reading and adoption at the next regular City Council meeting. Approval of the Ordinance would amend Title 2 Administration and Personnel; Title 4 Business Regulation; Title 6 Health and Sanitation; Title 10 Vehicles and Traffic; Tittle 14 Agricultural Activities; Title 16 Buildings and Construction ; Title 21 Plans; Title 22 Land Development; and Title 23 Zoning Code.

BACKGROUND

Periodically, amendments to the Municipal Code are necessary to address ambiguities, provide clarification, to be consistent with customary practice or comply with changes in State law. In the past, various titles of the code have routinely been amended for these assorted reasons, as well as to include new development standards to address uses that may not be in the code.

The amendments proposed by this Ordinance have either been previously discussed with

City Council Staff Report - Page 2 of 4

Council or are mostly clean up items to address. Staff did not believe these minor changes warranted a discussion with the City Council prior to scheduling the amendments for a public hearing.

ANALYSIS
Attachment 3 includes all draft amendments, shown in track changes, to Title 2 Administration and Personnel; Title 4 Business Regulation; Title 6 Health and Sanitation; Title 10 Vehicles and Traffic; Title 14 Agricultural Activities; Title 16 Buildings and Construction; Title 21 Plans; Title 22 Land Development; and Title 23 Zoning Code. Draft amendments are shown in track changes with new draft language underlines and language proposed for removal with strikethroughs. Only those chapters and/or sections with proposed changes are included in the attached documents as excerpts from the Rancho Cordova Municipal Code. A summary of the changes is provided below. As a note, Attachment 2 includes all the amendments in a non- track change format. This is provided as an exhibit to the Ordinance.

CHAPTER 2.30 PLANNING COMMISSION
The City of Rancho Cordova Municipal Code authorizes the Planning Commission to act on various planning matters with a wide range of duties. To ensure the Planning Commission has adequate training and start-up time to begin the review of submitted planning applications, Chapter 2.30 is being amended to focus the Planning Commission’s powers and duties to act on applications, projects, approvals, permits, and appeals per the following phased schedule:
 November 2022–February 2023 (Phase 1): Tentative Parcel Maps, Major Design Review for Residential Projects
 March 2023–May 2023 (Phase 2): All Phase 1 Project Types, Tentative Subdivision Map, Major Design Review for Commercial & Industrial, Conditional Use Permit, Variances
 Starting June 2023 (Phase 3): All Phase 2 Project Types, Legislative Applications (i.e., Rezoning, GP Amendment, SP Amendment, etc.)

TITLE 4 BUSINESS REGULATION, CHAPTER 4.10.155 SPECIAL BUSINESS LICENSES

AND EMPLOYEE PERMITS
The special business license section is amended to expand the effect of the revocation of a business license to prevent special license holders and employees from bypassing the revocation process by submitting a new application. Additionally, it prevents a special business license from being reissued at the same location where a previous license was revoked for the same type of business.

TITLE 6 HEALTH AND SANITATION, CHAPTER 6.90 CANNABIS CULTIVATION The cannabis cultivation section is amended to clarify restrictions on cannabis cultivation and ensure consistency throughout the Municipal Code for administrative hearings. The appeal fee changes from a deposit related to the fine to a flat fee of one thousand dollars. The amendments clarify owner and responsible parties through the definitions and sets an administrative appeal fee. Additionally, an amendment is proposed to clarify that a non-English speaking person can be accompanied by an interpreter during the hearing.

MISCELLANEOUS MUNICIPAL CODE SECTIONS
There are various miscellaneous sections of the Rancho Cordova Municipal Code relating to other planning matters that need updates for consistency with current City policies, entities, and state law. The following summarizes the proposed Municipal Code amendments:

City Council Staff Report - Page 3 of 4

 TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.34 REDEVELOPMENT AGENCY- In 2012, the state of California officially dissolved local redevelopment agencies. This chapter is deleted in its entirety since the City of Rancho Cordova no longer has a Redevelopment agency.
 TITLE 6 HEALTH AND SANITATION, CHAPTER 6.28.040 Water Well Standards – Removed reference to redevelopment in Section 7
 TITLE 6 HEALTH AND SANITATION, CHAPTER 6.28.050 Monitoring Well Standards – Removed reference to redevelopment in Section 6
 TITLE 10 VEHICLES AND TRAFFIC, CHAPTER 10.64.030 Definitions – Revised definition of “Director”
 TITLE 14 AGRICULTURAL ACTIVITIES, CHAPTER 14.05 AGRICULTURAL

ACTIVITIES
 TITLE 16 BUILDINGS AND CONSTRUCTION, CHAPTER 16.95.070 Establishment of Storm Drainage Impact Fees – Revised to remove reference to redevelopment projects  TITLE 21 PLANS, CHAPTER 21.12.020 F
 TITLE 21 PLANS, CHAPTER 21.12.020 Initiation – Revised to remove reference to community council and community plan
 TITLE 21 PLANS, CHAPTER 21.12.025 Application – Revised to remove reference to community plans
 TITLE 21 PLANS, CHAPTER 21.12.030 Fee – Revised to remove reference to community plan
 TITLE 21 PLANS, CHAPTER 21.12.040 Waiver of Fees – Revised to remove reference to community council
 TITLE 21 PLANS, CHAPTER 21.12.050 Report of Planning Commission recommendation to the City Council – Revised to remove reference to community plan  TITLE 21 PLANS, CHAPTER 21.12.055 Public Hearings by City Council – Revised to remove reference to community plan
 TITLE 21 PLANS, CHAPTER 21.12.075 Appeal – Community Plan Matters – Revised to remove reference to community plan
 TITLE 22 LAND DEVELOPMENT, CHAPTER 22.160.050 Review by Planning Commission
 TITLE 23 ZONING CODE, CHAPTER 23.104.040 Referrals to Planning Commission or Council
 TITLE 23 ZONING CODE, CHAPTER 23.119.020 Applicability – Revised to remove reference to redevelopment
 TITLE 23 ZONING CODE, CHAPTER 23.158.020 Applicability – Revised to remove reference to redevelopment
 TITLE 23 ZONING CODE, CHAPTER 23.201.010 Purpose
 TITLE 23 ZONING CODE, CHAPTER 23.743.030 Permit Requirements for Signs

ENVIRONMENTAL ANALYSIS
CEQA requires analysis of agency approvals of discretionary “projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” (CEQA Guidelines, § 15378.) As reflected in State CEQA Guideline 15061 (b) (3), an activity is not subject to CEQA, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment…” The proposed amendments are not a “project” within the meaning of CEQA because the

City Council Staff Report - Page 4 of 4

amendments seek to further regulate or clarify uses that are already present in the City or provide consistency with State law and no significant expansion of these activities can reasonably be anticipated to occur. Because no expansion of uses or activities is reasonably anticipated, no possibility exists that the ordinance will result in a significant effect on the environment. Thus, the proposed ordinance is not subject to the requirements of CEQA.

However, in the event that adoption of the ordinance is considered a CEQA project, it would nonetheless qualify for categorical exemptions as set forth below.

CEQA Guidelines Section 15061(b)(3) states that a project is exempt from CEQA “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The approval of the code amendments set forth in the proposed ordinance does not approve any physical development and it would not result in a direct or indirect physical changes in the environment. Any specific development projects that may result from these changes will be subject to environmental review. The proposed amendments are consistent with the City’s General Plan. For these reasons, the proposed amendments would not have the potential to result in individually or cumulatively significant effects on the environment and these Municipal Code amendments are exempt from review under CEQA and no further environmental review is necessary.

FISCAL IMPACT AND FUNDING SOURCE

There is no fiscal impact.

ATTACHMENT(S)

1. Ordinance

2. Exhibit A to the Ordinance

3. Track Changes

ITEM 10.2. ATTACHMENT 1 Ordinance No. XX-2022 Page 1 of 5

CITY OF RANCHO CORDOVA
ORDINANCE NO. XX-2022

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.34 REDEVELOPMENT AGENCY; TITLE 4 BUSINESS REGULATION, CHAPTER 4.10 SPECIAL BUSINESS LICENSES AND EMPLOYEE PERMITS; TITLE 6 HEALTH AND SANITATION, CHAPTER 6.28 WELLS AND PUMPS & CHAPTER 6.90 CANNABIS CULTIVATION; TITLE 10 VEHICLES AND TRAFFIC, CHAPTER 10.64 TRIP REDUCTION PROGRAMS; TITTLE 14 AGRICULTURAL ACTIVITIES, CHAPTER 14.05 AGRICULTURAL ACTIVITIES; TITLE 16 BUILDINGS AND CONSTRUCTION, CHAPTER

16.95 STORM DRAINAGE IMPACT FEE PROGRAM; TITLE 21 PLANS, CHAPTER 21.12 PROCEDURES FOR ADOPTION OR AMENDMENT OF PLANS; TITLE 22 LAND DEVELOPMENT, CHAPTER 22.160 CAPITAL IMPROVEMENT PROGRAM; AND TITLE 23 ZONING CODE, CHAPTER 23.104 APPROVAL AUTHORITY, CHAPTER 23.119 UNIFIED SIGN PROGRAM, CHAPTER 23.158 DEVELOPMENT AGREEMENTS, CHAPTER 23.501 INTRODUCTION TO FORM-BASED PROVISIONS, & CHAPTER 23.743 SIGNS THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA DOES ORDAIN AS FOLLOWS:

Section 1. Purpose and Declarations.

WHEREAS, the City conducts periodic updates of the provisions of the Rancho Cordova Municipal Code (RCMC) to ensure compliance with current laws, changes in local policy, consistency with adopted plans and programs, clarify ambiguities, address changing market conditions, reflect best practices, and to address issues or concerns with current regulations; and
WHEREAS, with regard to the Planning Commission:

A. The City of Rancho Cordova has recently reconstituted its Planning Commission; B. Pursuant to California Government Code sections 65100, 65101, and 65103, the City of Rancho Cordova Municipal Code authorizes the Planning Commission to take action on various planning matters with a wide range of duties; C. In order to ensure the Planning Commission has adequate training and start-up time, the Planning Commission’s powers and duties to take action on applications, projects, approvals, permits, and appeals shall be phased in per the schedule being added to Section 2.30.010 of the Rancho Cordova Municipal Code; D. The Planning Commission shall have the authority to receive training, conduct meetings, and engage in other organizational and start-up activities; and E. The Planning Commission’s focus on these matters will better prepare it to engage in its full set of responsibilities and avoid the potential for unintended delays and development processing on complex land use matters .

ITEM 10.2. ATTACHMENT 1 Ordinance No. XX-2022 Page 2 of 5 WHEREAS, Chapter 6.90 of the Municipal Code, Cannabis Cultivation, contains local rules for the use of personal cannabis cultivation in City residences which the City wishes to update to be consistent with other Municipal Code Sections regarding the responsibility of property owners for Code violations and administrative hearing and cost recovery procedures; and
WHEREAS, Section 4.10.155 of the Municipal Code, Effect of Revocation, sets forth the impact that revocation of a Special Business License has on license holders and employees:

A. In many cases when a Special Business License or employee permit is revoked for cause, the owner or employee applies for a new license or permit directly after; and
B. The Municipal Code does not currently have an adequate process to allow the City to deny an application in these situations, even though the reasons for revocation remain unchanged; and
C. The Ordinance would revise Section 4.10.155 to ensure business owners and employees may not circumvent the revocation process by applying for a new license or permit.

WHEREAS, various miscellaneous sections of the Rancho Cordova Municipal Code also need to be updated for consistency with current City policies, entities and state law; and
WHEREAS, on October 3, the City Council held a properly noticed public hearing for this Ordinance and considered all oral and written testimony.

Section 2: Findings. This Ordinance is adopted pursuant to the following findings:

A.CEQA Compliance. CEQA requires analysis of agency approvals of discretionary “projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” (CEQA Guidelines, § 15378.) As reflected in State CEQA Guideline 15061 (b) (3), an activity is not subject to CEQA, “[where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment…” The proposed amendments are not a “project” within the meaning of CEQA because the amendments seek to provide clarification of uses, standards and/or enforcement procedures, address inconsistencies between definitions, delete text that is no longer necessary. Because no expansion of uses or activities is reasonably anticipated, no possibility exists that the ordinance will result in a significant effect on the environment. Thus, the proposed ordinance is not subject to the requirements of CEQA. However, in the event that adoption of the ordinance is considered a CEQA project, it would nonetheless qualify for categorical exemptions as set forth below.

CEQA Guidelines Section 15061(b)(3) states that a project is exempt from CEQA “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The approval of the code amendments set forth in the proposed ordinance does not approve any physical development and it would not result in a direct or indirect physical changes in the environment. Any specific

ITEM 10.2. ATTACHMENT 1 Ordinance No. XX-2022 Page 3 of 5 development projects that may result from these changes will be subject to environmental review. The proposed amendments are consistent with the City’s General Plan. For these reasons, the proposed amendments would not have the potential to result in individually or cumulatively significant effects on the environment and these Municipal Code amendments are exempt from review under CEQA and no further environmental review is necessary.

B.The proposed amendment is consistent with the General Plan. The attached Municipal Code Amendments (“Amendment”) are consistent with the General Plan. The amendments would provide standards and/or enforcement procedures, address inconsistencies, delete text that is no longer necessary, and clarify review procedures of planning projects.

C.The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The attached amendments would provide standards and/or enforcement procedures, address inconsistencies, delete text that is no longer necessary, and clarify review procedures of planning projects. None of these proposed amendments will be detrimental to the public interest, health, safety, convenience, or welfare of the City.

D. The proposed amendments are internally consistent with other applicable provisions in this Zoning Code. The Amendments have been reviewed for consistency with the entirety of the Municipal Code and is consistent with other applicable provisions of the Municipal Code.

Section 3.Planning Commission Authority
The City Council amends Chapter 2.30 Planning Commission by adding the following at the end of Section 2.30.010, Establishment:
“; provided, however:
from the effective date of this Ordinance until March 1, 2023 (Phase 1), the Planning Commission shall only have the power to take action on the following applications, projects, approvals, permits and appeals related to:

A. Processing, considering, and approving tentative and final parcel maps under Chapter 22.20 of the Rancho Cordova Municipal Code.

B. Processing, considering, and approving Major Design Review for new residential projects under Municipal Code section 23.104.030 and Table

23.104-1.

C. All other Planning Commission responsibilities regarding applications, projects, approvals, permits, and appeals in the Rancho Cordova Municipal Code are suspended from the effective date of this Ordinance until March 1, 2023. During this time, all appeals which would otherwise be heard by the Planning Commission shall be heard by the City Council.

And further provided, from, March 1, 2023, until June 1, 2023 (Phase 2), in addition to all powers granted during Phase 1, the Planning Commission shall also have the power to take action on the following applications, projects, approvals, permits and appeals related to:

D. Processing, considering, and approving tentative and subdivision maps under Chapter 22.20 of the Rancho Cordova Municipal Code.

ITEM 10.2. ATTACHMENT 1 Ordinance No. XX-2022 Page 4 of 5 E. Processing, considering, and approving Major Design Review for commercial and industrial projects under Municipal Code section 23.104.030 and Table 23.104-1. ”
Section 4.Amendments to Title 2 Administration and Personnel, Title 4 Business Regulation, Title 6 Health and Sanitation, Title 10 Vehicles and Traffic, Title 14 Agricultural Activities, Title 16 Building and Construction, Title 21 Plans, Title 22 Land Development, and Title 23 Zoning Code
The City Council hereby adopts the amendments to Title 2 Administration and Personnel, Title 4 Business Regulation, Title 6 Health and Sanitation, Title 10 Vehicles and Traffic, Title 14 Agricultural Activities, Title 16 Building and Construction, Title 21 Plans, Title 22 Land Development, and Title 23 Zoning Code of the Rancho Cordova Municipal Code, as shown and incorporated in Exhibit A to this ordinance.

Section 4.Severability
If any provision of this Ordinance or the application thereof to any person or circumstance, is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid or unenforceable.

Section 5. Effective Date
Within fifteen (15) days after adoption, a Summary of this Ordinance shall be published once in the Grapevine Independent, or the Sacramento Bee, a newspaper of general circulation printed and published in Sacramento County and circulated in the City of Rancho Cordova, in accordance with Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the ___ day of _____, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
Donald Terry, Mayor

ITEM 10.2. ATTACHMENT 1 Ordinance No. XX-2022 Page 5 of 5 ATTEST:

Stacy Leitner, CMC
City Clerk

ITEM 10.2. ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova
Municipal Code
Amendments

ITEM 10.2. ATTACHMENT 2
Exhibit A to the Ordinance
Note to Reader: Section placeholders to indicate the sections between changed subsections remain the same are indicated with three stars (***).

Chapter 2.34 Redevelopment Agency is repealed in its entirety.

ITEM 10.2. ATTACHMENT 2
Exhibit A to the Ordinance
Note to Reader: Section placeholders to indicate the sections between changed subsections remain the same are indicated with three stars (***).

Chapter 4.10 Special Business Licenses and Employee Permits ***

4.10.155 Effect of revocation.
a. The revocation of a special business license or employee permit shall terminate the right of the holder of the license or permit to engage in the enterprise authorized by the license or perform the service authorized by the permit, as the case may be, anywhere within the city for a period of five years following the effective date of revocation. At the conclusion of said period, the former holder may file a written application for issuance of a new license or permit with the clerk of the city council. The city council may, in its sole discretion, grant or deny the application pursuant to such terms and conditions as it may prescribe, and may, in addition to other matters, consider factors relating to the rehabilitation of the applicant in making its determination. b. The revocation of a special business license or denial of renewal of a special business license for cause shall automatically and without notice also revoke or deny renewal of each special business license issued for the same business at each location where the business is located. c. The revocation of an employee permit or denial an employee permit for cause shall automatically and without notice also revoke or deny renewal of each employee permit issued for the same employee at each location where the business is located.
d. Notwithstanding any other provision of this Code, the revocation of special business license or employee permit or denial of renewal of a special business license or employee permit of a massage establishment for cause, shall prohibit the operation of the same establishment in that same location for a period of five years. The revocation of a special business license or employee permit or denial of renewal of a special business license or employee permit of a massage establishment for cause, shall also prohibit a new establishment from using the same name and/or same phone number as the revoked or denied special business license or employee permit for a period of five years. e. In the event of revocation of a special business license, neither the spouse, child, brother, sister or parent of the holder of the revoked license, nor a person possessing an ownership interest in the enterprise for which the license was revoked or who was an employee thereof, shall be entitled to issuance of a special business license for the enterprise except upon written application filed with the clerk of the city council. Upon the filing of such an application, the city council may, in its sole discretion, grant or deny the application. In the event the application is granted, in addition to any other condition, the license may be issued pursuant to such requirements as the board deems necessary in order to ensure that the person whose conduct constituted the basis for the revocation does not exercise any control or influence over the enterprise or the person to whom the license is issued. [Ord. 45-2004 § 4].

ITEM 10.2. ATTACHMENT 2
Exhibit A to the Ordinance
Note to Reader: Section placeholders to indicate the sections between changed subsections remain the same are indicated with three stars (***).

Chapter 6.90

CANNABIS CULTIVATION
Sections:

6.90.010 Purpose.

6.90.020 Definitions.

6.90.030 Outdoor cultivation of cannabis.

6.90.040 Indoor cultivation of cannabis.

6.90.050 Public nuisance.

6.90.060 Sale of cannabis prohibited.

6.90.070 Enforcement.

6.90.080 Appeal from administrative citation.

6.90.090 Penalty for violation.

6.90.100 Abatement.

6.90.010 Purpose.

The purpose and intent of this chapter is to require that cannabis only be cultivated in appropriately secured, enclosed, and ventilated structures, so as not to be visible to the general public, to provide for the health, safety and welfare of the public, to prevent negative impacts to property values, to prevent odor created by cannabis plants from impacting adjacent properties, to prevent crime associated with cannabis cultivation, and to ensure that cannabis cultivation remains secure and does not find its way to minors or illicit markets. Nothing in this chapter is intended to authorize the cultivation for personal use that is in violation of state law. It is not the intent of this chapter to create conflict or inconsistency between this chapter and the Constitutions of the United States or the state of California; or California law.

6.90.020 Definitions.

For purposes of this chapter, the following definitions shall apply, unless the context clearly indicates otherwise:
“Abatement” means the removal of cannabis plants and improvements that support cannabis cultivation which are in excess of the number of plants allowed to be cultivated under this chapter. “Bedroom” means a room inside a residential building being utilized by any person primarily for sleeping purposes. “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not, or any other strain or varietal of the genus Cannabis that may exist or be discovered, or developed, that has psychoactive or medical properties, whether growing or not, including but not limited to the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” also means cannabis as defined by Section 11018 of the California Health and Safety Code and Section 26001(f) of the Business and Professions Code, as both may be amended from time to time. Any reference to cannabis or cannabis products shall include medical and nonmedical cannabis and medical and nonmedical cannabis products, unless otherwise specified. “Cannabis” or “cannabis product” does not mean industrial hemp as defined by Section 11018.5 of the Health and Safety Code. Cannabis does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the

ITEM 10.2. ATTACHMENT 2
Exhibit A to the Ordinance
plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. “Cannabis cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
“Child care center” means any licensed child care center, daycare center, or child care home, or any preschool. “Cultivation site” means a location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs. “Fully enclosed and secure structure” means a space within a building, greenhouse or other legal structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.
“Indoors” means within a fully enclosed and secure structure. “Marijuana” shall have the same meaning as cannabis, as defined in this chapter. “Outdoors” means any location within the city of Rancho Cordova that is not within a fully enclosed and secure structure.
“Parcel” means property assigned a separate parcel number by the Sacramento County assessor. “Premises” means a single, legal parcel of property. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall constitute a single “premises” for purposes of this chapter. “Primary caregiver” means a “primary caregiver” as defined in Section 11362.7(d) of the Health and Safety Code, as may be amended from time to time.
“Private residence” means any house, apartment unit, mobile home, or other similar dwelling. “Qualified patient” means a “qualified patient” as defined in Section 11362.7(f) of the Health and Safety Code, as may be amended from time to time.
“Rear yard” means the rear open space portion of any premises, whether fenced or unfenced. “Residential structure” means any building or portion thereof legally existing which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation, on a premises or legal parcel located within a zoning district that allows residential uses.
“Sale” or “sell” means any transaction whereby, for any consideration including trades, barters, or exchanges, title to cannabis or cannabis products is transferred from one person to another. “School” means an institution of learning for persons under 21 years of age, whether public or private, offering regular course of instruction including, without limitation, a kindergarten, elementary school, middle or junior high school, or senior high school.
“Solid fence” means a fence constructed of substantial material (such as wood or vinyl) that prevents viewing the contents from one side to the other.

6.90.030 Outdoor cultivation of cannabis.

All outdoor cultivation of cannabis within the city is prohibited. It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel upon which the person knows, or by exercising reasonable care of diligence, should know that such parcel is being used for the outdoor cultivation of cannabis, regardless of whether such cultivation is for medical, recreational, personal, or commercial uses.

ITEM 10.2. ATTACHMENT 2
Exhibit A to the Ordinance

6.90.040 Indoor cultivation of cannabis.

A. It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel upon which the person knows, or by exercising reasonable care of diligence, should know that such parcel is being used for the cultivation of cannabis plants within a fully enclosed and secure structure on the parcel, except as provided in subsections (B) and (C) of this section.

B. Who Is Permitted to Cultivate Cannabis Indoors.

1. Only a person who is at least 18 years of age and either a qualified patient or a primary caregiver, or an adult who is at least 21 years of age, may engage in indoor cultivation of cannabis.

2. Residency Requirement. The person cultivating the cannabis shall reside full-time on the premises where the indoor cultivation of cannabis occurs.

3. Permission of Owner. Tenants or anyone cultivating shall obtain the written permission and signature of the property owner(s) prior to cultivating cannabis. A notarized signature from the owner of the property consenting to the cultivation of cannabis at the premises on a form acceptable to the city shall be made available to the city upon request by any city official.

C. Indoor Cultivation Standards. Cannabis cultivated indoors, within the city of Rancho Cordova, shall be in conformance with the following standards:

1. Indoor cultivation of cannabis is permitted only within a private residence or within a legal accessory structure to a private residence that meets the requirements of this chapter;

2. Cannabis cultivation is permitted only within fully enclosed and secure structures and the cultivation area must be inaccessible to minors. A fully enclosed and secure structure used for the cultivation of cannabis that is separate from the main residential structure on a premises must maintain a minimum 10-foot setback from any property line. Any parcel where cannabis is cultivated must be enclosed by a solid fence at least six feet in height;

3. Cannabis cultivation may not occur in both a detached structure and inside a residence on the same parcel.

Only one indoor cultivation area is allowed per parcel;

4. Cannabis cultivation areas shall not be accessible to persons under 18 years of age. Cultivation areas shall be secured by lock and key or other security device which prevents unauthorized entry;

5. Indoor cultivation of cannabis shall not exceed six cannabis plants per premises, regardless of how many qualified adults, qualified patients, or primary caregivers are residing at the premises;

6. Cannabis cultivation shall not occur on any carpeted area;

7. Cannabis cultivation lighting shall not exceed 1,200 watts and shall comply with the California Building, Electrical and Fire Codes as adopted by the city;

8. The use of gas products (CO2, butane, etc.) or generators for cannabis cultivation or processing is prohibited;

9. Cannabis cultivation for sale is prohibited;

10. From a public right-of-way, there shall be no exterior evidence of cannabis cultivation;

11. The residence shall be occupied and is required to maintain a functioning kitchen and bathroom(s), and the use of the primary bedrooms is for their intended purpose;

12. Any cannabis cultivation area located within a residence shall not create a humidity or mold problem in violation of Rancho Cordova Building and State Health and Safety Codes;

ITEM 10.2. ATTACHMENT 2
Exhibit A to the Ordinance

13. Any structure used for the cultivation of cannabis must have proper ventilation to prevent mold damage and to prevent cannabis plant odors or particles from becoming a public nuisance to surrounding properties or the public. A public nuisance may be deemed to exist if the cultivation produces odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public;

14. The cannabis cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, smoke, traffic, vibration, or other impacts, and shall not be hazardous due to use or storage of materials, processes, products or wastes;

15. Any modification to existing structures or plumbing, electrical or mechanical systems shall require a permit from the building official, or his or her designee.

6.90.050 Public nuisance.

It is hereby declared to be unlawful for any person owning, leasing, occupying, or having charge or possession of any parcel within the city of Rancho Cordova to create a public nuisance in the course of cultivating cannabis. A public nuisance may be deemed to exist if such activity produces:

A. Odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby property and/or areas open to the public;
B. Repeated responses (more than three times in a one-year time period) to the parcel from law enforcement or code enforcement officers;
C. Repeated disruption (more than three times in a one-year time period) to the free passage of persons or vehicles in the neighborhood;
D. Excessive noise in violation of applicable city noise standards in the general plan or municipal code; E. Any other impacts on the neighborhood which are disruptive of normal activity in the area.

6.90.060 Sale of cannabis prohibited.

It shall be unlawful for any person cultivating cannabis pursuant to this chapter to sell or offer for sale the cannabis permitted to be grown under this chapter.

6.90.070 Enforcement.

A. The violation of this chapter is hereby declared to be a public nuisance. The city may pursue any and all legal and equitable remedies against any and all responsible parties related to the enforcement of the provisions of this code, including criminal, civil, and administrative remedies and penalties and any related cost recovery authorized pursuant to this code and state law in accordance with RCMC 1.01.190.

B. Criminal. Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed the amount provided in Section 19 of the Penal Code, as may be amended from time to time, by imprisonment in the county jail not to exceed six months, or by both a fine and imprisonment.

C. Civil. A violation of this chapter may be abated by the city attorney by the prosecution of a civil action for injunctive relief and by the abatement procedure set forth in Chapter 16.18 RCMC.

D. Administrative. Whenever an enforcement officer determines that a violation of any of the provisions of any of the ordinances of the city has occurred, the enforcement officer has the authority to issue an administrative citation to the person(s) responsible for the violation.

6.90.080 Appeal from administrative citation.

A. Hearing Request. A person who receives an administrative citation may contest the citation on the basis that there was no violation of the code or that he or she is not the responsible party. To contest the citation, the person shall submit a request for hearing form to the city within 30 days from the date of the administrative citation. Directions on how to obtain the request form will be provided on the administrative citation. The completed request must be submitted together with an appeal hearing fee of $250.00.

ITEM 10.2. ATTACHMENT 2
Exhibit A to the Ordinance
B. Notice of Hearing. The person requesting the hearing shall be notified of the time and place set for the hearing at least 10 days before the date of the hearing.

C. Additional Reports. If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report also shall be provided to the person requesting the hearing at least five days before the date of the hearing.

D. Setting the Hearing. A hearing before the hearing officer shall be set for a date that is not less than 15 days nor more than 60 days from the date that the request for hearing is filed. The person requesting the hearing shall be notified of the time and place set for the hearing as soon as it is set, and at least 10 days before the hearing. If the enforcement officer submits a written report concerning the citation to the hearing officer for consideration at the hearing, then a copy of the report shall be served on the person requesting the hearing at least five days before the hearing. No hearing shall be held unless the fine has been deposited in advance, under subsection (A) of this section.

E. Failure to Appear. The failure of the person requesting the hearing to appear at the hearing shall constitute a forfeiture of the fine and a failure to exhaust his or her administrative remedies.

F. At the Hearing. The administrative citation, and any additional report submitted by the enforcement officer, shall constitute prima facie evidence of the respective facts contained in those documents. At the hearing, the party contesting the citation shall be given the opportunity to testify and to present evidence concerning the citation. If a party does not proficiently speak or understand the English language, he or she may provide an interpreter, at that party’s own cost, to translate for the party. An interpreter shall not have had any personal involvement in the issues of the case prior to the hearing.

G. Continuances. The hearing officer may continue the hearing and may request additional information from the enforcement officer or the person receiving the citation before issuing the decision.

H. Hearing Officer’s Decision. After considering the testimony and evidence presented at the hearing, the hearing officer shall issue a written decision to uphold, dismiss, or modify the administrative citation. The hearing officer shall state the reasons for the decision and shall send a copy of the decision to the person that requested the hearing and to the enforcement officer. The decision of the hearing officer shall be final.

I. Status of Citation. Any responsible party against whom an administrative citation has been imposed shall pay the administrative citation within twenty-five (25) days after service of a final order or decision of the hearing officer.

The city may take the actions set forth in this chapter to collect the unpaid penalty. J. Late Payment Charges. A person who fails to pay to the city the fine imposed under this section on or before the date that fine is due is also liable for the payment of the applicable late payment charges.

K. Recovery of Administrative Citation Fines and Costs. A person who fails to pay any fine or other charges owed to the city under this section is liable in any action brought by the city for all costs incurred in securing payment of the delinquent amount, including but not limited to administrative costs and attorneys’ fees. Such collection costs are in addition to any fines, interest, and late charges. In the event a civil action is commenced to collect the administrative penalty, the city shall be entitled to recover reasonable attorney’s fees and all costs associated with collection of the penalty. Costs include, but are not limited to, staff time incurred in the collection of the penalty and those costs set forth in Code of Civil Procedure Section 1033.5.

L. Other Costs. In addition to the administrative citation fine, the city may collect its administrative costs, interest, late payment charges, costs of compliance re-inspections, and collection costs.

M. Collection. The city may collect any past due administrative citation fine and other costs and charges by any available legal means, including without limitation any methods allowed in this Code or Section 1.01.200 of this Code.

N. Right to Judicial Review. A person aggrieved by the hearing officer’s decision on an administrative citation may obtain review of the decision by filing a lawsuit with the superior court in Sacramento County within 20 days after service of the final decision in accordance with the timelines and provisions set forth in Section 53069.4 of the California Government Code.

ITEM 10.2. ATTACHMENT 2
Exhibit A to the Ordinance

6.90.090 Penalty for violation.

A. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to RCMC 1.01.190. Each and every separate violation of this chapter may be punishable by a fine not to exceed $1,000 per violation.

B. Notwithstanding the foregoing and the provisions of RCMC 1.01.190, the amount of administrative penalty to be imposed for a violation of RCMC 6.90.040(C)(5) is an aggregate amount calculated at $1,000 per plant in excess of six plants.

C. The remedies and penalties provided herein are cumulative, alternative and nonexclusive. The use of one does not prevent the use of any others, including those in RCMC 1.01.190 and Chapter 16.18 RCMC, and none of these penalties and remedies prevent the city from using any other remedy at law or in equity which may be available to enforce this chapter or to abate a public nuisance.

6.90.100Abatement.

A. Any cannabis cultivation in violation of this chapter is a public nuisance and is subject to nuisance abatement pursuant to Chapter 16.18 RCMC including the summary abatement provisions of RCMC 16.18.901.

B. Any cannabis cultivation in violation of this chapter is also subject to the California Uniform Controlled Substances Act (Division 10 of the California Health and Safety Code), including the provisions of Chapter 8 (commencing with Section 11469) relating to seizure, forfeiture, and destruction of property.

ITEM 10.2. ATTACHMENT 2
Exhibit A to the Ordinance
Note to Reader: Section placeholders to indicate the sections between changed subsections remain the same are indicated with three stars (***).

Chapter 10.64
Trip Reduction Programs
***

10.64.030 Definitions.

Unless the context indicates otherwise, the following definitions shall govern the meaning of those terms used in this chapter:
“Common business location” means a single building, group of buildings, or group of work stations at a single site or contiguous sites.
“Commuter matching service” means any system, whether by computer, manual, or mapping methods, which matches commuters residing in one common area, working in another common area, and having approximately the same work starting and stopping times.
“Director” means the director of the public works department. “Employee transportation coordinator” means an employee, tenant, property manager, property owner, or other appropriate person who has been designated to perform various duties related to meeting the transportation needs of employees of a firm, common work location, or other geographic employment area. “Person” means a sole proprietor, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district or other individual or entity, either public or private, carrying on an enterprise or conducting any other activity, whether or not for profit. “Preferential parking” means a program of selecting, assigning or designating vehicle parking spaces in which priority in the selection, assignment, or designation is given to specific classes of vehicles such that vehicles in that class may be parked in locations considered by the vehicle operator to be the best or most desirable location. “Regular employee” means any employee who works for a business, firm, agency, or other person for three or more days per week and four or more hours per day. [Revised during 2008 codification; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0748 § 1, 1988; SCC 567 § 1, 1983]. ***

ITEM 10.2. ATTACHMENT 2
Exhibit A to the Ordinance
Note to Reader: Section placeholders to indicate the sections between changed subsections remain the same are indicated with three stars (***).

Chapter 16.95
Storm Drainage Impact Fee Program
***

16.95.070 Establishment of storm drainage impact fees.

A. A storm drainage impact fee is hereby established for all new development projects within the current city limits of the city of Rancho Cordova.
***

ITEM 10.2. ATTACHMENT 2
Exhibit A to the Ordinance
Note to Reader: Section placeholders to indicate the sections between changed subsections remain the same are indicated with three stars (***).

Chapter 21.12
Procedures for Adoption or Amendment of Plans

21.12.010 General.

The general plan of the city of Rancho Cordova or specific plans, and any amendment to such plans, shall be adopted pursuant to the procedures in this chapter. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0909 § 1, 1993; SCC 233 § 1 (part), 1975].
****

21.12.020 Initiation.

A. The adoption or amendment of the general plan or a specific plan may be initiated by resolution of intention by the city council or by resolution of intention of the planning commission.

B. The adoption of a specific plan or an amendment to the general plan or specific plan affecting the planning area of a specific plan may be initiated by the City council, the planning commission, or an interested person as provided in this chapter requesting the planning commission to hear the matter. [Revised during 2008 codification; Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0909 § 2, 1993; SCC 0817 § 1, 1991; SCC 0715 § 1, 1988; SCC 233 § 1 (part), 1975].

21.12.025 Application.

Application forms for amendments to the general plan and specific plans shall be filed with the secretary on forms provided for that purpose.

A. If the application is to change property from one land use category to another, the application shall be accompanied by the following:

1. A map drawn to scale showing the property for which the change is requested and the exterior property lines of the properties within 500 feet of the exterior boundary lines of the subject property. In any case the map shall show the exterior boundary lines of the nearest property;

2. The names and addresses and assessor’s parcel numbers of the property owners for the properties shown on the map as listed on the latest assessment roll;

3. A filing and investigation fee as specified in RCMC 21.12.030;

4. The existing land use for the properties shown on the map;

5. The adopted and proposed land use categories as shown on the general plan and applicable specific plan of the land for which the reclassification is requested and the surrounding properties;

6. A general description of the proposed use of the subject property;

ITEM 10.2. ATTACHMENT 2
Exhibit A to the Ordinance

7. The secretary of the planning commission or the planning director may require additional information necessary to show the need or desirability of the proposed change.

B. If the application is to change the text of the general plan or specific plans, the application shall be accompanied by the following:

1. Citation or reference to the page, section and element of the adopted plan for which the change is proposed;

2. The text of the section for which the change is proposed, showing by interlineation the portions of the text proposed to be deleted, and by underlining the proposed additions to the text;

3. A statement of the reason for and desirability of the proposed change;

4. A filing and investigation fee as specified in RCMC 21.12.030. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0909 § 3, 1993; SCC 233 § 1 (part), 1975].

21.12.030 Fee.

A fee shall be charged for the purpose of investigating and processing an application to change land use designations or the text of the general plan or a specific plan. The city council shall by resolution prescribe the fee schedule as provided in this section. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 233 § 1 (part), 1975]. ***

21.12.040 Waiver of fees.

No fee, charge or expense may be waived as to any applicant for amendments pursuant to this chapter. No fee will be required or charged to persons where property is included in a resolution of intention adopted by the planning commission or the city council initiating proceedings pursuant to the provisions of this chapter. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 233 § 1 (part), 1975].

21.12.045 Notice of hearing.

Upon receipt of an application or adoption of a resolution of intention adopted pursuant to RCMC 21.12.015, the secretary shall set the matter for hearing before the planning commission, and shall cause a notice of the time and place of said hearing, including general explanation of the matter to be considered and including a general description of the area affected, to be published in a newspaper of general circulation at least 10 calendar days before the hearing. General plan amendment hearings shall be scheduled consistent with the resolution adopted by the city council as provided in RCMC 21.12.015. In addition to notice by publication, the secretary may give notice of the hearing in such other manner as the planning commission may deem necessary or desirable. Any failure by the secretary to give notice other than by publication shall not invalidate any proceeding pursuant to this chapter. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 233 § 1 (part), 1975].

21.12.050 Report of planning commission recommendation to the city council.

A. After a public hearing has been held by the planning commission, the commission may approve or disapprove the matter being considered. The approval of the planning commission shall be as follows:

1. If the matter is a general plan or any amendment to such plan, the approval shall be by resolution of the commission.

2. If the matter is a specific plan or any amendment to such plan, the approval shall be by memorandum of the planning commission to the city council.

B. Where the matter has been initiated by resolution of the city council, the planning commission shall hold a public hearing as provided in this chapter, and shall report its recommendation to the city council not later than 90 days after the adoption of the resolution by the city council. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0909 § 4, 1993; SCC 430 § 1, 1980; SCC 233 § 1 (part), 1975].

ITEM 10.2. ATTACHMENT 2
Exhibit A to the Ordinance

21.12.055 Public hearings by city council.

A. Upon receipt of a recommendation of the planning commission for the adoption of the general plan or specific plan, or for an amendment to a specific plan, the clerk of the city council shall set the matter for a public hearing before the city council. When the recommendation is made to amend a mandatory element of the general plan, the clerk of the city council shall set the matter for hearing at the next regular triannual meeting for hearing general plan amendments pursuant to the city council resolution adopted pursuant to RCMC 21.12.015. The clerk of the city council shall cause a notice of the time and place of said hearing, including a general explanation of the matter to be considered and including a general description of the area affected, to be published in a newspaper with general circulation at least 10 calendar days before the hearing. In addition to notice by publication, the clerk of the city council may give notice of the hearing in such other manner as the city council may deem necessary or desirable.

Any failure by the clerk to give notice other than by publication shall not invalidate any proceeding pursuant to this chapter.

B. The city council may continue the matter from time to time, or approve, modify or disapprove the recommendation of the planning commission; provided, that any modification of the proposed ordinance or amendment by the city council not previously considered by the planning commission shall first be referred to the planning commission for a report and recommendation on the proposed modification, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within 40 days after the reference, or such longer period as may be designated by the city council, shall be deemed to be approval of the proposed modification.

C. The approval and adoption of the general plan or specific plan, or amendment of any such plan, shall be by resolution of the city council; and such plan or amendment shall be endorsed by the clerk of the city council to show that it has been adopted. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0909 § 5, 1993; SCC 430 § 2, 1980; SCC 233 § 1 (part), 1975].
***

21.12.075 Appeal – Specific plan matters.

Any interested party may appeal a decision of the planning commission relating to a specific plan adoption or amendment by filing an appeal with the clerk of the city council within 10 calendar days after the matter has been decided by the planning commission. The appeal shall be accompanied by a fee to be specified in the resolution adopted pursuant to RCMC 21.12.030; provided, however, no fee shall be charged for an appeal if a vote of the planning commission results in a two-to-two tie vote by the members thereof. Any such appeal shall be denominated in any notice, agenda, or other official reference to such appeal as a petition of review of specific plan amendment.

Upon receipt of the notice of appeal, the clerk of the city council shall set a hearing before the city council and shall give notice thereof, as provided by RCMC 21.12.055. The secretary shall transmit all pertinent records which relate to the matter of the appeal to the clerk of the city council in advance of the hearing. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 430 § 6, 1980]. ***

ITEM 10.2. ATTACHMENT 2
Exhibit A to the Ordinance
Note to Reader: Section placeholders to indicate the sections between changed subsections remain the same are indicated with three stars (***).

Chapter 22.10
Definitions and References
***
***

22.10.060 Design.
“Design” means:

A. Street alignments, grades and width;
B. Drainage and sanitary facilities and utilities, including alignments and grades thereof; C. Location and size of all required easements and rights-of-way; D. Fire roads and firebreaks;
E. Lot size and configuration;
F. Traffic access;
G. Grading;
H. Land to be dedicated for park or recreational purposes; and I. Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to ensure conformity to or implementation of the general plan or an adopted specific plan of the city. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 574 § 2, 1983; SCC 327 § 10 (part), 1978]. ***

22.10.075 Improvement.

A. “Improvement” refers to such street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways, and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval of acceptance of the final map thereof.

B. “Improvement” also refers to such other specific improvements or types of improvements the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency or by a combination thereof, is necessary or convenient to ensure conformity to or implementation of the general plan or an adopted specific plan of the city. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 574 § 2, 1983].
***

ITEM 10.2. ATTACHMENT 2
Exhibit A to the Ordinance
Note to Reader: Section placeholders to indicate the sections between changed subsections remain the same are indicated with three stars (***).

Chapter 22.20
Procedures
***

22.20.076 Waiver of parcel maps for condominiums.

The planning commission or the city council may waive the requirements for a tentative or final map imposed by the Subdivision Map Act for the construction of a residential condominium project on a single lawful parcel. The director of public works may waive the requirements for a tentative or final map imposed by the Subdivision Map Act for the construction of a commercial or industrial condominium project on a single lawful parcel.

The procedure for determining whether such a waiver for a residential condominium is appropriate shall be initiated by an application for waiver filed with the city planning director. An application for waiver for a commercial or industrial condominium shall be initiated by an application for waiver filed with the city director of public works.

The application shall contain a legal description for the single lawful parcel and a description of the proposed condominium project. If an application for waiver on a residential condominium project is filed contemporaneously with an application to adopt or amend a specific plan as provided in RCMC Title 21, then the application for waiver shall be first considered by the planning commission at a public hearing. After this hearing, the planning commission shall provide a written recommendation to the city council which shall make the final determination on the application. All other applications for waiver on a residential condominium project shall be considered by the planning commission at a public hearing. The planning commission shall make the final determination on these applications for waiver.

Applications for waiver of final or tentative maps on a commercial or industrial condominium project on a single lawful parcel shall be considered and granted or denied by the director of public works.

No applications for waiver of the requirement for a tentative or final map for the construction of a condominium project on a single lawful parcel shall be granted unless it is found that the proposed division of land complies with the requirements of the Subdivision Map Act and the Rancho Cordova Municipal Code as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act and the Rancho Cordova Municipal Code. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0880 § 2, 1992; SCC 0712 § 2, 1988].
***

ITEM 10.2. ATTACHMENT 2
Exhibit A to the Ordinance
Note to Reader: Section placeholders to indicate the sections between changed subsections remain the same are indicated with three stars (***).

Chapter 22.25
Vesting Maps
***

22.25.010 Limitations on vesting maps.

Whenever this title requires that a tentative subdivision map or a tentative parcel map be filed, a vesting subdivision map may instead be filed, subject, however, to the following limitations:

A. A vesting map shall not be approved unless the city council finds it to be consistent with the adopted general plan and in compliance with urban level of flood protection criteria. Except as otherwise provided in subsection (C) of this section, a vesting map may not be filed concurrently with a general plan amendment nor during the period a general plan amendment for the area covered by the proposed map is in process.

B. Applications for projects which require amendments to an adopted specific plan, or the Rancho Cordova zoning code, or which require discretionary approvals pursuant to the zoning code, including, but not limited to, special development permits, use permits, development plan reviews, exceptions, special review of parking or variances, may not include an application for a vesting map unless all needed applications for such approvals for the project are concurrently filed with the vesting map. Vesting maps may not be approved with the condition that needed plan amendments, zoning and discretionary approvals be subsequently secured.

C. Notwithstanding any other provision of this code, an application for a vesting map may be filed concurrently with an application to amend the Rancho Cordova general plan; provided, that the area covered by the vesting map is included in the area covered by the application to amend the general plan and is also included in either a concurrently filed or previously filed and pending application for a specific plan. [Ord. 7-2016 § 2 (Exh. 1A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0975 § 1, 1994; SCC 651 § 10, 1986]. ***
Chapter 22.30
Dedications
***

22.30.015 Local transit facilities.

As a condition of approval of a tentative subdivision map, a subdivider shall dedicate or make an irrevocable offer of dedication of real property within the subdivision for local transit facilities including, but not limited to, such facilities as bus turnouts, benches, shelters, landing pads and similar items which directly benefit the residents of the subdivision, provided the tentative map indicates that the subdivision has the potential for not less than 200 dwelling units if developed to the maximum density as shown on the adopted general plan and specific plan for the area, or contains 100 acres or more, and the approval body or city council finds that transit services are or will, within a reasonable time period, be made available to such subdivision. This section shall not apply to condominium projects or stock cooperatives which consist of the subdivision of air space in an existing apartment building which is more than five years old, when no new dwelling units are added by the subdivision. [Ord. 38-2007 § 1 (Exh. 1(M)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 574 § 2, 1983]. ***

ITEM 10.2. ATTACHMENT 2
Exhibit A to the Ordinance
Note to Reader: Section placeholders to indicate the sections between changed subsections remain the same are indicated with three stars (***).

Chapter 22.40
Park and Recreation Dedication and Fees

22.40.005 Authority.

This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code. The park and recreational facilities for which dedication of land and/or payment of fee is required shall be in accordance with the local recreational element of the general plan. Land dedication under this chapter shall conform to the city general plan, to any adopted specific plan, and the applicable provisions of Section 66477 of the Government Code. [Ord. 25-2003 § 3; SCC 574 § 2, 1983].
***
Chapter 22.50
Reservations and Public Access to Public Resources
***

22.50.010 Standards and formula for reservation of land.

If a park, recreational facility, fire station, library, or other public use is shown on an adopted specific plan or the general plan containing a community facilities element, recreation and parks element or a public building or facilities element, the subdivider may be required to reserve sites in accordance with the definite principles and standards contained in such specific plan, community plan or general plan. The reserved area shall be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the adopted specific plan or general plan and shall be of such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 574 § 2, 1983].
***
Chapter 22.110
Design and Improvement Standards
***

22.110.035 Thoroughfare and arterial streets.

A. Function. The function of thoroughfare and arterial streets is to serve with freeways to form a coordinated network or vehicle routes capable of handling the movement of goods and people through and between communities in large volumes and with efficient speeds and safety. Such roads are identified in the circulation element of the general plan or on the appropriate specific plan.

B. Design Standards. If the circulation element of the general plan or the community plan shows any highway, expressway, thoroughfare, arterial or similarly named road located so that any portion lies within or adjacent to a proposed project, such roadway shall be incorporated into the project in conformance with the design standards in the general plan or specific plan. The specific location or locations if alternate alignments are feasible of such roads shall be determined in coordination with and as recommended by the city public works department.

ITEM 10.2. ATTACHMENT 2
Exhibit A to the Ordinance
Note to Reader: Section placeholders to indicate the sections between changed subsections remain the same are indicated with three stars (***).

The design characteristics of such roads shall conform with the current improvement standards of the department of public works.

Because such roads may vary in width and may involve many design factors such as acceleration/deceleration lanes, various curb heights, bicycle lanes, bus stops/turnouts, traffic dividers, driveways, and curb cuts, the precise road improvement requirements shall be determined by consultation or coordination with the public works department. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 574 § 2, 1983]. ***

22.110.065 Compliance with law.

A. Each project which proposes to divide land shall result in lots which are consistent with and well suited to the land use designations and policies set forth in the city general plan and in the adopted community plans, including both maps and texts. Potential population densities of residential lots shall not exceed the densities set forth in the general plan or specific plans.

B. Each lot shall conform to the lot size, lot width, and lot frontage requirements as set forth in the city zoning code.

See RCMC 22.110.070(H) for exception to frontage requirements, unless a variance, waiver, or modification is obtained, as specified in the zoning code.

C. Lot lines shall be located in relation to existing structures so as to maintain required setbacks, yards, and other open space requirements, as set forth in the city zoning code, unless a variance, waiver, or modification is obtained, as specified in the zoning code.

D. Lot lines shall be located in relation to existing private septic systems or wells so as to maintain the distance requirements as set forth in the city health code. Lots which propose the installation of private septic systems or wells shall be arranged such that there is sufficient area on the proposed lots’ facilities to meet the placement and distance requirements of the city health code.

E. Each parcel of land shall front on a public street or be served by a private road approved pursuant to the zoning code which is a component of an approved local street pattern.

F. Exceptions from the requirements of subsections (A) through (E) of this section shall not be allowed pursuant to RCMC 22.110.020 and 22.110.025. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 574 § 2, 1983]. ***

ITEM 10.2. ATTACHMENT 2
Exhibit A to the Ordinance
Note to Reader: Section placeholders to indicate the sections between changed subsections remain the same are indicated with three stars (***).

Chapter 23.104

APPROVAL AUTHORITY
Sections:

23.104.010 Purpose.

23.104.020 Planning agency.

23.104.030 Recommending and approval authority.

23.104.040 Referrals to planning commission or council.

23.104.010 Purpose.

The purpose of this chapter is to establish the administrative responsibilities of the zoning code and to identify the basic responsibilities of the officials and bodies charged with its administration. This chapter describes which review body makes the final decision on various types of planning and land use entitlement applications. The zoning code uses a combination of nondiscretionary and discretionary reviews to evaluate land use proposals for compliance with the use and development requirements of this code. The nondiscretionary reviews provide the certainty needed in most situations by providing clear and objective criteria. Discretionary reviews provide needed flexibility by allowing more subjective criteria and by providing for the modification of regulations in response to specific site conditions. [Ord. 22-2021 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.2.010)].

23.104.020 Planning agency.

California Government Code Section 65100 requires each jurisdiction to establish a planning agency to carry out the planning and land use functions of the jurisdiction. The functions of the planning agency are assigned as designated by this code. In the absence of an assignment, the council shall retain responsibility and authority to function as the planning agency. [Ord. 22-2021 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.2.020)].

23.104.030 Recommending and approval authority.

A. Approval Types. The zoning code establishes which planning body recommends, makes final determinations, and hears appeals for each planning and land use entitlement request. This approval authority is determined by the type of approval required for each planning and land use entitlement. The approval types are as follows:

1. Nondiscretionary Administrative. Decisions do not require interpretation or exercise of policy or legal judgment in evaluating approval criteria because the decision is made according to specific criteria where no discretion is involved. Permits may be issued over the counter by staff. The director is the approval authority for nondiscretionary actions. The action of the director is not subject to appeal.

2. Limited Discretion. Approval or denial is based on discretionary standards that regulate the physical characteristics of a use or structure. Decisions must be consistent with the adopted criteria. Notice of decision is required with opportunity to request public hearing. The action of the director may be appealed to the council.

3. Discretionary (Quasi-Judicial). Decisions involve the application of discretionary approval standards to site-specific applications. The director makes recommendations to the council or planning commission for final decisions with specific findings. A public hearing is required. Decisions of the planning commission can be appealed pursuant to RCMC 23.110.160. Decisions of the council are not subject to appeal.

4. Discretionary (Legislative). Decisions must be made by the city council. Legislative land use decisions apply to the general population and prescribe policy, requiring the greatest amount of discretion and evaluation of subjective approval criteria. City council is the approval authority for legislative land use permits. The director

ITEM 10.2. ATTACHMENT 2
Exhibit A to the Ordinance
and/or planning commission makes recommendations to the city council. Generally, a recommendation is requested from staff and/or another recommending body on legislative entitlements. A public hearing is required, and these decisions cannot be appealed.

B. Public Hearings Required. Table 23.104-1 identifies the type of public hearing required by entitlement.

Table 23.104-1: Approval Authority for Entitlements
Designated Approval Authority
“F” = Final Approval Authority
“A” = Appeal Body
“R” = RecommendationEntitlement Approval Type Public Hearing Required
Director Planning
Commission Council
Zoning Certification Nondiscretionary No F(2)
Temporary Use Permit Nondiscretionary No F
Similar Use Determination Limited Discretion No F A A
Unified Sign Program Limited Discretion No(1) F A A
Administrative Use Permit Limited Discretion No(1) F A A Reasonable Accommodation Limited Discretion No(1) F A A Adjustment Limited Discretion No(1) F A A
Nonconforming Use Permit Limited Discretion No(1) F A A Minor Design Review Limited Discretion No(1) F A A
Conditional Use Permit Discretionary (Quasi-Judicial) Planning Commission
R F A
Major Design Review Discretionary (Quasi-Judicial) Planning Commission
R F A
Variance Discretionary (Quasi-Judicial) Planning
Commission
R F A
Special Planning Areas Discretionary (Legislative) Council R R F Zoning Amendments Discretionary (Legislative) Council R R F Specific Plans Discretionary (Legislative) Council R R F General Plan Amendments Discretionary (Legislative) Council R R F Development Agreements Discretionary (Legislative) Council R R F (1) Notice of decision is required with the opportunity to request a public hearing. If no public hearing is requested, decision is rendered and notice of decision provided in accordance with Chapter 23.110 RCMC (Application Processing). (2) See RCMC 23.113.090.
[Ord. 22-2021 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.2.030)].

23.104.040 Referrals to planning commission or council.

The director may refer any entitlement with limited discretion for which the director is the final approval authority to the planning commission or council for action.

ITEM 10.2. ATTACHMENT 2
Exhibit A to the Ordinance
A. Referral. The director may refer any item to planning commission or council for consideration. The director may refer an item with or without making a final determination or a recommendation for action.

B. Planning Commission or Council Review. The planning commission or council shall review the referred item at a noticed meeting and take one of the following actions:

1. Refer the item back to the director for review and final action. Referral back to the director does not preclude the item being appealed or being called up by council following final action.

2. Cause the item to be scheduled at the next regularly scheduled council meeting, allowing for public hearing notice.

C. Public Hearing Required. A public hearing shall be required for all items referred to and accepted by the planning commission or council for action in accordance with the following:

1. Public Hearing Notice. A notice for public hearing shall be provided for in accordance with RCMC

23.110.120 (Notice of public hearing).

2. Public Hearing Procedure. A public hearing shall be held in accordance with RCMC 23.110.130 (Public hearing procedures). [Ord. 22-2021 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B)].

ITEM 10.2. ATTACHMENT 3
Rancho Cordova
Municipal Code
Amendments

ITEM 10.2. ATTACHMENT 3
Note to Reader: Section placeholders to indicate the sections between changed subsections remain the same are indicated with three stars (***).

Chapter 2.34

REDEVELOPMENT AGENCY
Sections:

2.34.010 Purpose.

2.34.020 Findings and determinations.

2.34.030 Created.

2.34.040 Legislative body – Powers and duties.

2.34.050 Chairperson.

2.34.060 Agency executive director.

2.34.070 Agency counsel.

2.34.080 Bylaws and organizational documents.

2.34.090 Roster of public agencies.

2.34.100 Compensation of board members.

2.34.110 City to assist the agency.

2.34.120 Record of proceedings.

2.34.130 Office and travel expenses.

ITEM 10.2. ATTACHMENT 3

2.34.010Purpose.

The purpose of this chapter is to set forth the findings of the city council of the city of Rancho Cordova (hereinafter “city council”), establish a redevelopment agency for the city of Rancho Cordova (hereinafter “city”), and set forth its powers and duties. [Ord. 55-2004 § 1].

2.34.020Findings and determinations.

The city council hereby finds and determines that the city council has investigated and determined that there is a community need for a redevelopment agency in the city and does hereby so declare that there is a need for a redevelopment agency to function within the city pursuant to Section 33000 et seq. of the Health and Safety Code, the Community Redevelopment Law. [Ord. 55-2004 § 2].

2.34.030Created.

Based upon the declaration in RCMC 2.34.020, the “community redevelopment agency of the city of Rancho Cordova” (the “agency”) is hereby created pursuant to the Community Redevelopment Law. [Ord. 55-2004 § 3].

2.34.040Legislative body – Powers and duties.

Pursuant to Section 33200 of the Health and Safety Code, the city council declares itself to be, and the city council shall act as the legislative body of, the agency. The city council finds that the action declaring itself to be the agency will serve the public interest and promote the public safety and welfare in an effective manner, by ensuring that decisions of the agency will be vested in the elected representatives of the community. In accordance with Section 33200(a) of the Health and Safety Code, the city council further declares:

A. The city council has investigated and determined that there is a community need for a redevelopment agency in the city and does hereby so declare that there is a need for a redevelopment agency to function within the city pursuant to Section 33000 et seq. of the Health and Safety Code, the Community Redevelopment Law.

B. That all of the rights, powers, duties, privileges, and immunities vested by the Community Redevelopment Law in the agency shall be vested in the city council. [Ord. 55-2004 § 4].

ITEM 10.2. ATTACHMENT 3

2.34.050Chairperson.

The mayor shall be designated as the chairperson among the city council members who shall be the board members (hereafter “members”) of the agency. When there is a vacancy in such office, the agency may elect a chairperson from among its members. The chairperson’s term shall be for the calendar year, or for that portion remaining after he or she is designated or elected. [Ord. 55-2004 § 5].

2.34.060Agency executive director.

The city manager of the city is hereby appointed to the position of agency executive director and shall hold that position as long as he or she is the city manager, or unless duly removed by a majority of the members of the agency. [Ord. 55-2004 § 6].

2.34.070Agency counsel.

The city attorney of the city is hereby appointed to the position of agency counsel and shall hold that position as long as he or she is the city attorney, or unless duly removed by a majority of the members of the agency. [Ord. 55-2004 § 7].

2.34.080Bylaws and organizational documents.

The city council hereby authorizes and directs the city manager to prepare for consideration by the agency such bylaws and other organizational documents as are necessary and appropriate to enable the agency to become an actively operating legal entity under the Community Redevelopment Law, and to file a certified copy of the ordinance codified in this chapter with the Office of the Secretary of State. [Ord. 55-2004 § 8].

2.34.090Roster of public agencies.

The city council hereby authorizes and directs the city manager to prepare, file, maintain, and update, as necessary, the information required for the agency to be included in the roster of public agencies under Sections 946.4(a) and 53051 of the California Government Code. Such information shall be filed with the Office of the Secretary of State and the county clerk’s office in each county in which the agency maintains an office. Such information shall include,

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but is not limited to, the name and address of the agency, and the names and addresses of its governing board and officers. [Ord. 55-2004 § 9].

2.34.100Compensation of board members.

Pursuant to Section 33114.5 of the Health and Safety Code, as long as the city’s population is less than 200,000, the compensation of members of the agency shall not exceed $30.00 per member for each meeting of the agency attended by the member. No member shall receive compensation for attending more than four meetings of the agency during any calendar month. In addition, members shall receive their actual and necessary expenses in the discharge of their duties. [Ord. 55-2004 § 10].

2.34.110City to assist the agency.

The city is directed to provide all reasonable and necessary assistance to the functioning of the agency. Pursuant to Section 33128 of the Health and Safety Code, the agency shall have access to the services and facilities of the planning commission, the city engineer, and other departments and offices of the community. [Ord. 55-2004 § 11].

2.34.120Record of proceedings.

The agency shall keep a record of the proceedings of its meetings and those records shall be open to examination by the public to the extent required by law. [Ord. 55-2004 § 12].

2.34.130Office and travel expenses.

The agency shall have the power and authority to:

A. Obtain, hire, purchase, or rent office space, equipment, supplies, insurance or services.

B. Authorize and pay the travel expenses of agency members, officers, agents, counsel, and employees on agency business. [Ord. 55-2004 § 13].

ITEM 10.2. ATTACHMENT 3
Note to Reader: Section placeholders to indicate the sections between changed subsections remain the same are indicated with three stars (***).

Chapter 4.10 Special Business Licenses and Employee Permits ***

4.10.155 Effect of revocation.
a. The revocation of a special business license or employee permit shall terminate the right of the holder of the license or permit to engage in the enterprise authorized by the license or perform the service authorized by the permit, as the case may be, anywhere within the city for a period of five years following the effective date of revocation. At the conclusion of said period, the former holder may file a written application for issuance of a new license or permit with the clerk of the city council. The city council may, in its sole discretion, grant or deny the application pursuant to such terms and conditions as it may prescribe, and may, in addition to other matters, consider factors relating to the rehabilitation of the applicant in making its determination. b. The revocation of a special business license or employee permit or denial of renewal of a special business license or employee permit for cause shall automatically and without notice also revoke or deny renewal of each special business license or employee permitgeneral business license issued for the same business or employee at each location where the business is located.
c. The revocation of an employee permit or denial an employee permit for cause shall automatically and without notice also revoke or deny renewal of each employee permit issued for the same employee at each location where the business is located.
dc. Notwithstanding any other provision of this Code, tThe revocation of special business license or employee permit or denial of renewal of a special business license or employee permit of a massage establishment for cause, shall prohibit the operation of the same establishment in that same location for a period of five years. The revocation of a special business license or employee permit or denial of renewal of a special business license or employee permit of a massage establishment for cause, shall also prohibit a new establishment from using the same name and/or same phone number as the revoked or denied special business license or employee permit for a period of five years.
ed. In the event of revocation of a special business license, neither the spouse, child, brother, sister or parent of the holder of the revoked license, nor a person possessing an ownership interest in the enterprise for which the license was revoked or who was an employee thereof, shall be entitled to issuance of a special business license for the enterprise except upon written application filed with the clerk of the city council. Upon the filing of such an application, the city council may, in its sole discretion, grant or deny the application. In the event the application is granted, in addition to any other condition, the license may be issued pursuant to such requirements as the board deems necessary in order to ensure that the person whose conduct constituted the basis for the revocation does not exercise any control or influence over the enterprise or the person to whom the license is issued. [Ord. 45-2004 § 4].

ITEM 10.2. ATTACHMENT 3
Note to Reader: Section placeholders to indicate the sections between changed subsections remain the same are indicated with three stars (***).

Chapter 6.90

CANNABIS CULTIVATION
Sections:

6.90.010 Purpose.

6.90.020 Definitions.

6.90.030 Outdoor cultivation of cannabis.

6.90.040 Indoor cultivation of cannabis.

6.90.050 Public nuisance.

6.90.060 Sale of cannabis prohibited.

6.90.070 Enforcement.

6.90.080 Appeal from administrative citation.

6.90.090 Penalty for violation.

6.90.100 Abatement.

6.90.010 Purpose.

The purpose and intent of this chapter is to require that cannabis only be cultivated in appropriately secured, enclosed, and ventilated structures, so as not to be visible to the general public, to provide for the health, safety and welfare of the public, to prevent negative impacts to property values, to prevent odor created by cannabis plants from impacting adjacent properties, to prevent crime associated with cannabis cultivation, and to ensure that cannabis cultivation remains secure and does not find its way to minors or illicit markets. Nothing in this chapter is intended to authorize the cultivation for personal use that is in violation of state law. It is not the intent of this chapter to create conflict or inconsistency between this chapter and the Constitutions of the United States or the state of California; or California law.

6.90.020 Definitions.

For purposes of this chapter, the following definitions shall apply, unless the context clearly indicates otherwise:
“Abatement” means the removal of cannabis plants and improvements that support cannabis cultivation which are in excess of the number of plants allowed to be cultivated under this chapter. “Bedroom” means a room inside a residential building being utilized by any person primarily for sleeping purposes. “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not, or any other strain or varietal of the genus Cannabis that may exist or be discovered, or developed, that has psychoactive or medical properties, whether growing or not, including but not limited to the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” also means cannabis as defined by Section 11018 of the California Health and Safety Code and Section 26001(f) of the Business and Professions Code, as both may be amended from time to time. Any reference to cannabis or cannabis products shall include medical and nonmedical cannabis and medical and nonmedical cannabis products, unless otherwise specified. “Cannabis” or “cannabis product” does not mean industrial hemp as defined by Section 11018.5 of the Health and Safety Code. Cannabis does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the

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plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. “Cannabis cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
“Child care center” means any licensed child care center, daycare center, or child care home, or any preschool. “Cultivation site” means a location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs. “Fully enclosed and secure structure” means a space within a building, greenhouse or other legal structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.
“Indoors” means within a fully enclosed and secure structure. “Marijuana” shall have the same meaning as cannabis, as defined in this chapter. “Outdoors” means any location within the city of Rancho Cordova that is not within a fully enclosed and secure structure.
“Parcel” means property assigned a separate parcel number by the Sacramento County assessor. “Premises” means a single, legal parcel of property. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall constitute a single “premises” for purposes of this chapter. “Primary caregiver” means a “primary caregiver” as defined in Section 11362.7(d) of the Health and Safety Code, as may be amended from time to time.
“Private residence” means any house, apartment unit, mobile home, or other similar dwelling. “Qualified patient” means a “qualified patient” as defined in Section 11362.7(f) of the Health and Safety Code, as may be amended from time to time.
“Rear yard” means the rear open space portion of any premises, whether fenced or unfenced. “Residential structure” means any building or portion thereof legally existing which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation, on a premises or legal parcel located within a zoning district that allows residential uses.
“Sale” or “sell” means any transaction whereby, for any consideration including trades, barters, or exchanges, title to cannabis or cannabis products is transferred from one person to another. “School” means an institution of learning for persons under 21 years of age, whether public or private, offering regular course of instruction including, without limitation, a kindergarten, elementary school, middle or junior high school, or senior high school.
“Solid fence” means a fence constructed of substantial material (such as wood or vinyl) that prevents viewing the contents from one side to the other.

6.90.030 Outdoor cultivation of cannabis.

All outdoor cultivation of cannabis within the city is prohibited. It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within any zoning district in the city of Rancho Cordovaupon which the person knows, or by exercising reasonable care of diligence, should know that to cause or allow such parcel to be is being used for the outdoor cultivation of cannabis, regardless of whether such cultivation is for medical, recreational, personal, or commercial uses.

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6.90.040 Indoor cultivation of cannabis.

A. It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel upon which the person knows, or by exercising reasonable care of diligence, should know that in the city of Rancho Cordova to cause or allow such parcel to beis being used for the cultivation of cannabis plants within a fully enclosed and secure structure on the parcel, except as provided in subsections (B) and (C) of this section.

B. Who Is Permitted to Cultivate Cannabis Indoors.

1. Only a person who is at least 18 years of age and either a qualified patient or a primary caregiver, or an adult who is at least 21 years of age, may engage in indoor cultivation of cannabis.

2. Residency Requirement. The person cultivating the cannabis shall reside full-time on the premises where the indoor cultivation of cannabis occurs.

3. Permission of Owner. Tenants or anyone cultivating shall obtain the written permission and signature of the property owner(s) prior to cultivating cannabis. A notarized signature from the owner of the property consenting to the cultivation of cannabis at the premises on a form acceptable to the city shall be made available to the city upon request by any city official.

C. Indoor Cultivation Standards. Cannabis cultivated indoors, within the city of Rancho Cordova, shall be in conformance with the following standards:

1. Indoor cultivation of cannabis is permitted only within a private residence or within a legal accessory structure to a private residence that meets the requirements of this chapter;

2. Cannabis cultivation is permitted only within fully enclosed and secure structures and the cultivation area must be inaccessible to minors. A fully enclosed and secure structure used for the cultivation of cannabis that is separate from the main residential structure on a premises must maintain a minimum 10-foot setback from any property line. Any parcel where cannabis is cultivated must be enclosed by a solid fence at least six feet in height;

3. Cannabis cultivation may not occur in both a detached structure and inside a residence on the same parcel.

Only one indoor cultivation area is allowed per parcel;

4. Cannabis cultivation areas shall not be accessible to persons under 18 years of age. Cultivation areas shall be secured by lock and key or other security device which prevents unauthorized entry;

5. Indoor cultivation of cannabis shall not exceed six cannabis plants per private residencepremises, regardless of how many qualified adults, qualified patients, or primary caregivers are residing at the private residencepremises;

6. Cannabis cultivation shall not occur on any carpeted area;

7. Cannabis cultivation lighting shall not exceed 1,200 watts and shall comply with the California Building, Electrical and Fire Codes as adopted by the city;

8. The use of gas products (CO2, butane, etc.) or generators for cannabis cultivation or processing is prohibited;

9. Cannabis cultivation for sale is prohibited;

10. From a public right-of-way, there shall be no exterior evidence of cannabis cultivation;

11. The residence shall be occupied and is required to maintain a functioning kitchen and bathroom(s), and the use of the primary bedrooms is for their intended purpose;

12. Any cannabis cultivation area located within a residence shall not create a humidity or mold problem in violation of Rancho Cordova Building and State Health and Safety Codes;

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13. Any structure used for the cultivation of cannabis must have proper ventilation to prevent mold damage and to prevent cannabis plant odors or particles from becoming a public nuisance to surrounding properties or the public. A public nuisance may be deemed to exist if the cultivation produces odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public;

14. The cannabis cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, smoke, traffic, vibration, or other impacts, and shall not be hazardous due to use or storage of materials, processes, products or wastes;

15. Any modification to existing structures or plumbing, electrical or mechanical systems shall require a permit from the building official, or his or her designee.

6.90.050 Public nuisance.

It is hereby declared to be unlawful for any person owning, leasing, occupying, or having charge or possession of any parcel within the city of Rancho Cordova to create a public nuisance in the course of cultivating cannabis. A public nuisance may be deemed to exist if such activity produces:

A. Odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby property and/or areas open to the public;
B. Repeated responses (more than three times in a one-year time period) to the parcel from law enforcement or code enforcement officers;
C. Repeated disruption (more than three times in a one-year time period) to the free passage of persons or vehicles in the neighborhood;
D. Excessive noise in violation of applicable city noise standards in the general plan or municipal code; E. Any other impacts on the neighborhood which are disruptive of normal activity in the area.

6.90.060 Sale of cannabis prohibited.

It shall be unlawful for any person cultivating cannabis pursuant to this chapter to sell or offer for sale the cannabis permitted to be grown under this chapter.

6.90.070 Enforcement.

A. The violation of this chapter is hereby declared to be a public nuisance. The city may pursue any and all legal and equitable remedies against any and all responsible parties related to the enforcement of the provisions of this code, including criminal, civil, and administrative remedies and penalties and any related cost recovery authorized pursuant to this code and state law in accordance with RCMC 1.01.190.

B. Criminal. Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed the amount provided in Section 19 of the Penal Code, as may be amended from time to time, by imprisonment in the county jail not to exceed six months, or by both a fine and imprisonment.

C. Civil. A violation of this chapter may be abated by the city attorney by the prosecution of a civil action for injunctive relief and by the abatement procedure set forth in Chapter 16.18 RCMC.

D. Administrative. Whenever an enforcement officer determines that a violation of any of the provisions of any of the ordinances of the city has occurred, the enforcement officer has the authority to issue an administrative citation to the person(s) responsible for the violation.

6.90.080 Appeal from administrative citation.

A. Hearing Request. A person who receives an administrative citation may contest the citation on the basis that there was no violation of the code or that he or she is not the responsible party. To contest the citation, the person shall submit a request for hearing form to the city within 30 days from the date of the administrative citation. Directions on how to obtain the request form will be provided on the administrative citation. The completed request must be submitted together with an advance deposit of the fineappeal hearing fee of $250.00.

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B. Notice of Hearing. The person requesting the hearing shall be notified of the time and place set for the hearing at least 10 days before the date of the hearing.

C. Additional Reports. If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report also shall be provided to the person requesting the hearing at least five days before the date of the hearing.

D. Setting the Hearing. A hearing before the hearing officer shall be set for a date that is not less than 15 days nor more than 60 days from the date that the request for hearing is filed. The person requesting the hearing shall be notified of the time and place set for the hearing as soon as it is set, and at least 10 days before the hearing. If the enforcement officer submits a written report concerning the citation to the hearing officer for consideration at the hearing, then a copy of the report shall be served on the person requesting the hearing at least five days before the hearing. No hearing shall be held unless the fine has been deposited in advance, under subsection (A) of this section.

E. Failure to Appear. The failure of the person requesting the hearing to appear at the hearing shall constitute a forfeiture of the fine and a failure to exhaust his or her administrative remedies.

F. At the Hearing. The administrative citation, and any additional report submitted by the enforcement officer, shall constitute prima facie evidence of the respective facts contained in those documents. At the hearing, the party contesting the citation shall be given the opportunity to testify and to present evidence concerning the citation. If a party does not proficiently speak or understand the English language, he or she may provide an interpreter, at that party’s own cost, to translate for the party. An interpreter shall not have had any personal involvement in the issues of the case prior to the hearing.

G. Continuances. The hearing officer may continue the hearing and may request additional information from the enforcement officer or the person receiving the citation before issuing the decision.

H. Hearing Officer’s Decision. After considering the testimony and evidence presented at the hearing, the hearing officer shall issue a written decision to uphold, dismiss, or modify the administrative citation. The hearing officer shall state the reasons for the decision and shall send a copy of the decision to the person that requested the hearing and to the enforcement officer. The decision of the hearing officer shall be final.

I. Status of FineCitation. If the citation is upheld, then Any responsible party against whom an administrative citation has been imposed shall pay the administrative citation within twenty-five (25) days after service of a final order or decision of the hearing officer. The city may take the actions set forth in this chapter and to collect the unpaid penalty. the fine amount on deposit with the city shall be retained by the city. If the citation is dismissed, the city shall promptly refund the amount of any fine deposited, together with interest at the average rate earned on the city’s portfolio for the period of time that the fine was held by the city.

J. Late Payment Charges. A person who fails to pay to the city the fine imposed under this section on or before the date that fine is due is also liable for the payment of the applicable late payment charges.

K. Recovery of Administrative Citation Fines and Costs. A person who fails to pay any fine or other charges owed to the city under this section is liable in any action brought by the city for all costs incurred in securing payment of the delinquent amount, including but not limited to administrative costs and attorneys’ fees. Such collection costs are in addition to any fines, interest, and late charges. In the event a civil action is commenced to collect the administrative penalty, the city shall be entitled to recover reasonable attorney’s fees and all costs associated with collection of the penalty. Costs include, but are not limited to, staff time incurred in the collection of the penalty and those costs set forth in Code of Civil Procedure Section 1033.5.

L. Other Costs. In addition to the administrative citation fine, the city may collect its administrative costs, interest, late payment charges, costs of compliance re-inspections, and collection costs.

M. Collection. The city may collect any past due administrative citation fine and other costs and charges by any available legal means, including without limitation placing a lien on the propertyany other methods allowed in this Code or Section 1.01.200 of this Code.

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N. Right to Judicial Review. A person aggrieved by the hearing officer’s decision on an administrative citation may obtain review of the decision by filing a lawsuit with the superior court in Sacramento County within 20 days after service of the final decision in accordance with the timelines and provisions set forth in Section 53069.4 of the California Government Code.

6.90.090 Penalty for violation.

A. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to RCMC 1.01.190. Each and every separate violation of this chapter may be punishable by a fine not to exceed $1,000 per violation.

B. Notwithstanding the foregoing and the provisions of RCMC 1.01.190, the amount of administrative penalty to be imposed for a violation of RCMC 6.90.040(C)(5) is an aggregate amount calculated at $1,000 per plant in excess of six plants.

C. The remedies and penalties provided herein are cumulative, alternative and nonexclusive. The use of one does not prevent the use of any others, including those in RCMC 1.01.190 and Chapter 16.18 RCMC, and none of these penalties and remedies prevent the city from using any other remedy at law or in equity which may be available to enforce this chapter or to abate a public nuisance.

6.90.100Abatement.

A. Any cannabis cultivation in violation of this chapter is a public nuisance and is subject to nuisance abatement pursuant to Chapter 16.18 RCMC including the summary abatement provisions of RCMC 16.18.901.

B. Any cannabis cultivation in violation of this chapter is also subject to the California Uniform Controlled Substances Act (Division 10 of the California Health and Safety Code), including the provisions of Chapter 8 (commencing with Section 11469) relating to seizure, forfeiture, and destruction of property.

ITEM 10.2. ATTACHMENT 3
Note to Reader: Section placeholders to indicate the sections between changed subsections remain the same are indicated with three stars (***).

Chapter 10.64
Trip Reduction Programs
***

10.64.030 Definitions.

Unless the context indicates otherwise, the following definitions shall govern the meaning of those terms used in this chapter:
“Common business location” means a single building, group of buildings, or group of work stations at a single site or contiguous sites.
“Commuter matching service” means any system, whether by computer, manual, or mapping methods, which matches commuters residing in one common area, working in another common area, and having approximately the same work starting and stopping times.
“Director” means the director of the environmental management departmentthe public works department. “Employee transportation coordinator” means an employee, tenant, property manager, property owner, or other appropriate person who has been designated to perform various duties related to meeting the transportation needs of employees of a firm, common work location, or other geographic employment area. “Person” means a sole proprietor, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district or other individual or entity, either public or private, carrying on an enterprise or conducting any other activity, whether or not for profit. “Preferential parking” means a program of selecting, assigning or designating vehicle parking spaces in which priority in the selection, assignment, or designation is given to specific classes of vehicles such that vehicles in that class may be parked in locations considered by the vehicle operator to be the best or most desirable location. “Regular employee” means any employee who works for a business, firm, agency, or other person for three or more days per week and four or more hours per day. [Revised during 2008 codification; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0748 § 1, 1988; SCC 567 § 1, 1983]. ***

ITEM 10.2. ATTACHMENT 3
Note to Reader: Section placeholders to indicate the sections between changed subsections remain the same are indicated with three stars (***).

Chapter 16.95
Storm Drainage Impact Fee Program
***

16.95.070 Establishment of storm drainage impact fees.

A. A storm drainage impact fee is hereby established for all new development and applicable redevelopment projects within the current city limits of the city of Rancho Cordova. ***

ITEM 10.2. ATTACHMENT 3
Note to Reader: Section placeholders to indicate the sections between changed subsections remain the same are indicated with three stars (***).

Chapter 21.12
Procedures for Adoption or Amendment of Plans

21.12.010 General.

The general plan of the city of Rancho Cordova or community specific plans, and any amendment to such plans, shall be adopted pursuant to the procedures in this chapter. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0909 § 1, 1993; SCC 233 § 1 (part), 1975].
****

21.12.020 Initiation.

A. The adoption or amendment of the general plan or a specificcommunity plan may be initiated by resolution of intention by the city council or by resolution of intention of the planning commission.

B. The adoption of a community specific plan or an amendment to the general plan or specificcommunity plan affecting the planning area of a community councilspecific plan may be initiated by a resolution of the community councilby the application of the City cCouncil, the planning commission, or an interested person as provided in this chapter requesting the planning commission to hear the matter.

C. An amendment to the general plan or a community plan may be initiated by the application of an interested person as provided in this chapter.

D. Notwithstanding subsections (B) and (C) of this section, within the area depicted on Exhibit “A,” which is attached to the ordinance codified in this chapter and which is on file with the clerk of the city council, no general plan amendment may be initiated by application of any interested person or resolution of a community council to and from the following land use categories after December 31, 1990, except pursuant to subsection (E) of this chapter, until adoption of the updated general plan or January 1, 1993, whichever is earlier:

From the Following
Land Use Categories
To the Following Land
Use Categories
Recreation,
Agricultural-Crop Land,
General Agriculture 80,
General Agriculture 20,
Agricultural-Residential,
Urban Reserve, or
Agricultural-Recreational
Reserve
Agricultural-Residential
or Urban (Low-Density
Residential, Medium
Density Residential,
Commercial and Office,
Industrial Intensive and
Industrial Extensive)
E. Notwithstanding subsection (D) of this section, the following general plan amendments may be initiated to and from the land use categories listed in subsection (D) of this section with the consent of the planning director on the director’s written determination that the application or resolution is for an amendment which:

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1. Would change the land use categories for an insignificant number of acres and raises no major policy issue; or

2. Would change the land use category for property that is surrounded by and adjacent to existing urban uses and has adequate public services available.

Any determination granting or denying such consent shall identify the particular circumstances justifying the decision. Any determination by the director shall be appealable to the city council by filing a notice of appeal with the clerk not later than 10 calendar days after the director’s determination is mailed to the applicant, accompanied with a payment of a fee of $563.00.

F. Subsection (D) of this section shall not prevent processing of and decisions on general plan amendment requests for which, as of December 31, 1990:

1. A hearing has been scheduled or held before either the city council or planning commission, but the requests were continued to a date certain;

2. A hearing before the city council or planning commission has been scheduled;

3. The environmental document has been completed, as determined by staff;

4. The request has been accepted for processing and the environmental document is being prepared;

5. The request has been accepted for processing but no work has been done on the environmental document;

6. The request has been accepted for processing, all materials requested by the planning department have been received, application fees have been paid, and all fees have been received by that department. [Revised during 2008 codification; Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0909 § 2, 1993; SCC 0817 § 1, 1991; SCC 0715 § 1, 1988; SCC 233 § 1 (part), 1975].

21.12.025 Application.

Application forms for amendments to the general plan and community specific plans shall be filed with the secretary on forms provided for that purpose.

A. If the application is to change property from one land use category to another, the application shall be accompanied by the following:

1. A map drawn to scale showing the property for which the change is requested and the exterior property lines of the properties within 500 feet of the exterior boundary lines of the subject property. In any case the map shall show the exterior boundary lines of the nearest property;

2. The names and addresses and assessor’s parcel numbers of the property owners for the properties shown on the map as listed on the latest assessment roll;

3. A filing and investigation fee as specified in RCMC 21.12.030;

4. The existing land use for the properties shown on the map;

5. The adopted and proposed land use categories as shown on the general plan and applicable community specific plan of the land for which the reclassification is requested and the surrounding properties;

6. A general description of the proposed use of the subject property;

7. The secretary of the planning commission or the planning director may require additional information necessary to show the need or desirability of the proposed change.

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B. If the application is to change the text of the general plan or community specific plans, the application shall be accompanied by the following:

1. Citation or reference to the page, section and element of the adopted plan for which the change is proposed;

2. The text of the section for which the change is proposed, showing by interlineation the portions of the text proposed to be deleted, and by underlining the proposed additions to the text;

3. A statement of the reason for and desirability of the proposed change;

4. A filing and investigation fee as specified in RCMC 21.12.030. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0909 § 3, 1993; SCC 233 § 1 (part), 1975].

21.12.030 Fee.

A fee shall be charged for the purpose of investigating and processing an application to change land use designations or the text of the general plan or, a specific plan, or a community plan. The city council shall by resolution prescribe the fee schedule as provided in this section. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 233 § 1 (part), 1975]. ***

21.12.040 Waiver of fees.

No fee, charge or expense may be waived as to any applicant for amendments pursuant to this chapter. No fee will be required or charged to persons where property is included in a resolution of intention adopted by the planning commission or the city council initiating proceedings pursuant to the provisions of this chapter, or where such property is included within a resolution of a community council requesting a hearing by the planning commission.. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 233 § 1 (part), 1975].

21.12.045 Notice of hearing.

Upon receipt of an application or adoption of a resolution of intention adopted pursuant to RCMC 21.12.015, the secretary shall set the matter for hearing before the planning commission, and shall cause a notice of the time and place of said hearing, including general explanation of the matter to be considered and including a general description of the area affected, to be published in a newspaper of general circulation at least 10 calendar days before the hearing. General plan amendment hearings shall be scheduled consistent with the resolution adopted by the city council as provided in RCMC 21.12.015. In addition to notice by publication, the secretary may give notice of the hearing in such other manner as the planning commission may deem necessary or desirable. Any failure by the secretary to give notice other than by publication shall not invalidate any proceeding pursuant to this chapter.

A copy of the application or resolution of intention, with a copy of the notice of the date of hearing, shall be forwarded by the secretary to any community council affected by the matter for a recommendation to the planning commission. The community council shall report its recommendation in writing to the commission. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 233 § 1 (part), 1975].

21.12.050 Report of planning commission recommendation to the city council.

A. After a public hearing has been held by the planning commission, the commission may approve or disapprove the matter being considered. The approval of the planning commission shall be as follows:

1. If the matter is a general plan or any amendment to such plan, the approval shall be by resolution of the commission.

2. If the matter is a community specific plan or any amendment to such plan, the approval shall be by memorandum of the planning commission to the city council.

B. Where the matter has been initiated by resolution of the city council, the planning commission shall hold a public hearing as provided in this chapter, and shall report its recommendation to the city council not later than 90 days after the adoption of the resolution by the city council. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0909 § 4, 1993; SCC 430 § 1, 1980; SCC 233 § 1 (part), 1975].

ITEM 10.2. ATTACHMENT 3

21.12.055 Public hearings by city council.

A. Upon receipt of a recommendation of the planning commission for the adoption of the general plan or community specific plan, or for an amendment to a community specific plan, the clerk of the city council shall set the matter for a public hearing before the city council. When the recommendation is made to amend a mandatory element of the general plan, the clerk of the city council shall set the matter for hearing at the next regular triannual meeting for hearing general plan amendments pursuant to the city council resolution adopted pursuant to RCMC 21.12.015. The clerk of the city council shall cause a notice of the time and place of said hearing, including a general explanation of the matter to be considered and including a general description of the area affected, to be published in a newspaper with general circulation at least 10 calendar days before the hearing. In addition to notice by publication, the clerk of the city council may give notice of the hearing in such other manner as the city council may deem necessary or desirable. Any failure by the clerk to give notice other than by publication shall not invalidate any proceeding pursuant to this chapter.

B. The city council may continue the matter from time to time, or approve, modify or disapprove the recommendation of the planning commission; provided, that any modification of the proposed ordinance or amendment by the city council not previously considered by the planning commission shall first be referred to the planning commission for a report and recommendation on the proposed modification, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within 40 days after the reference, or such longer period as may be designated by the city council, shall be deemed to be approval of the proposed modification.

C. The approval and adoption of the general plan or community specific plan, or amendment of any such plan, shall be by resolution of the city council; and such plan or amendment shall be endorsed by the clerk of the city council to show that it has been adopted. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0909 § 5, 1993; SCC 430 § 2, 1980; SCC 233 § 1 (part), 1975]. ***

21.12.075 Appeal – Community Specific plan matters.

Any interested party may appeal a decision of the planning commission relating to a community specific plan adoption or amendment by filing an appeal with the clerk of the city council within 10 calendar days after the matter has been decided by the planning commission. The appeal shall be accompanied by a fee to be specified in the resolution adopted pursuant to RCMC 21.12.030; provided, however, no fee shall be charged for an appeal if a vote of the planning commission results in a two-to-two tie vote by the members thereof. Any such appeal shall be denominated in any notice, agenda, or other official reference to such appeal as a petition of review of community specific plan amendment. Upon receipt of the notice of appeal, the clerk of the city council shall set a hearing before the city council and shall give notice thereof, as provided by RCMC 21.12.055. The secretary shall transmit all pertinent records which relate to the matter of the appeal to the clerk of the city council in advance of the hearing. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 430 § 6, 1980]. ***

ITEM 10.2. ATTACHMENT 3
Note to Reader: Section placeholders to indicate the sections between changed subsections remain the same are indicated with three stars (***).

Chapter 22.10
Definitions and References
***

22.10.050 Community plan.
“Community plan” means a plan adopted by the city council pursuant to RCMC Title 21. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 574 § 2, 1983; SCC 327 § 10 (part), 1978]. ***

22.10.060 Design.
“Design” means:

A. Street alignments, grades and width;
B. Drainage and sanitary facilities and utilities, including alignments and grades thereof; C. Location and size of all required easements and rights-of-way; D. Fire roads and firebreaks;
E. Lot size and configuration;
F. Traffic access;
G. Grading;
H. Land to be dedicated for park or recreational purposes; and I. Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to ensure conformity to or implementation of the general plan or , an adopted specific plan or adopted community plans of the city. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 574 § 2, 1983; SCC 327 § 10 (part), 1978].
***

22.10.075 Improvement.

A. “Improvement” refers to such street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways, and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval of acceptance of the final map thereof.

B. “Improvement” also refers to such other specific improvements or types of improvements the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency or by a combination thereof, is necessary or convenient to ensure conformity to or implementation of the general plan or, an adopted specific plan , or adopted community plan of the city. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 574 § 2, 1983].
***

ITEM 10.2. ATTACHMENT 3
Note to Reader: Section placeholders to indicate the sections between changed subsections remain the same are indicated with three stars (***).

Chapter 22.20
Procedures
***

22.20.076 Waiver of parcel maps for condominiums.

The planning commission or the city council may waive the requirements for a tentative or final map imposed by the Subdivision Map Act for the construction of a residential condominium project on a single lawful parcel. The director of public works may waive the requirements for a tentative or final map imposed by the Subdivision Map Act for the construction of a commercial or industrial condominium project on a single lawful parcel.

The procedure for determining whether such a waiver for a residential condominium is appropriate shall be initiated by an application for waiver filed with the city planning director. An application for waiver for a commercial or industrial condominium shall be initiated by an application for waiver filed with the city director of public works.

The application shall contain a legal description for the single lawful parcel and a description of the proposed condominium project. If an application for waiver on a residential condominium project is filed contemporaneously with an application to adopt or amend a community specific plan as provided in RCMC Title 21, then the application for waiver shall be first considered by the planning commission at a public hearing. After this hearing, the planning commission shall provide a written recommendation to the city council which shall make the final determination on the application. All other applications for waiver on a residential condominium project shall be considered by the planning commission at a public hearing. The planning commission shall make the final determination on these applications for waiver.

Applications for waiver of final or tentative maps on a commercial or industrial condominium project on a single lawful parcel shall be considered and granted or denied by the director of public works.

No applications for waiver of the requirement for a tentative or final map for the construction of a condominium project on a single lawful parcel shall be granted unless it is found that the proposed division of land complies with the requirements of the Subdivision Map Act and the Rancho Cordova Municipal Code as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act and the Rancho Cordova Municipal Code. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0880 § 2, 1992; SCC 0712 § 2, 1988].
***

ITEM 10.2. ATTACHMENT 3
Note to Reader: Section placeholders to indicate the sections between changed subsections remain the same are indicated with three stars (***).

Chapter 22.25
Vesting Maps
***

22.25.010 Limitations on vesting maps.

Whenever this title requires that a tentative subdivision map or a tentative parcel map be filed, a vesting subdivision map may instead be filed, subject, however, to the following limitations:

A. A vesting map shall not be approved unless the city council finds it to be consistent with the adopted general plan and in compliance with urban level of flood protection criteria. Except as otherwise provided in subsection (C) of this section, a vesting map may not be filed concurrently with a general plan amendment nor during the period a general plan amendment for the area covered by the proposed map is in process.

B. Applications for projects which require amendments to an adopted community specific plan, or the Rancho Cordova zoning code, or which require discretionary approvals pursuant to the zoning code, including, but not limited to, special development permits, use permits, development plan reviews, exceptions, special review of parking or variances, may not include an application for a vesting map unless all needed applications for such approvals for the project are concurrently filed with the vesting map. Vesting maps may not be approved with the condition that needed plan amendments, zoning and discretionary approvals be subsequently secured.

C. Notwithstanding any other provision of this code, an application for a vesting map may be filed concurrently with an application to amend the Rancho Cordova general plan; provided, that the area covered by the vesting map is included in the area covered by the application to amend the general plan and is also included in either a concurrently filed or previously filed and pending application for a specific plan. [Ord. 7-2016 § 2 (Exh. 1A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0975 § 1, 1994; SCC 651 § 10, 1986]. ***
Chapter 22.30
Dedications
***

22.30.015 Local transit facilities.

As a condition of approval of a tentative subdivision map, a subdivider shall dedicate or make an irrevocable offer of dedication of real property within the subdivision for local transit facilities including, but not limited to, such facilities as bus turnouts, benches, shelters, landing pads and similar items which directly benefit the residents of the subdivision, provided the tentative map indicates that the subdivision has the potential for not less than 200 dwelling units if developed to the maximum density as shown on the adopted general plan and community specific plan for the area, or contains 100 acres or more, and the approval body or city council finds that transit services are or will, within a reasonable time period, be made available to such subdivision. This section shall not apply to condominium projects or stock cooperatives which consist of the subdivision of air space in an existing apartment building which is more than five years old, when no new dwelling units are added by the subdivision. [Ord. 38-2007 § 1 (Exh. 1(M)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 574 § 2, 1983]. ***

ITEM 10.2. ATTACHMENT 3
Note to Reader: Section placeholders to indicate the sections between changed subsections remain the same are indicated with three stars (***).

Chapter 22.40
Park and Recreation Dedication and Fees

22.40.005 Authority.

This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code. The park and recreational facilities for which dedication of land and/or payment of fee is required shall be in accordance with the local recreational element of the general plan. Land dedication under this chapter shall conform to the city general plan, to any adopted community specific plan, and the applicable provisions of Section 66477 of the Government Code. [Ord. 25-2003 § 3; SCC 574 § 2, 1983].
***
Chapter 22.50
Reservations and Public Access to Public Resources
***

22.50.010 Standards and formula for reservation of land.

If a park, recreational facility, fire station, library, or other public use is shown on an adopted specific plan, adopted community plan, or the general plan containing a community facilities element, recreation and parks element or a public building or facilities element, the subdivider may be required to reserve sites in accordance with the definite principles and standards contained in such specific plan, community plan or general plan. The reserved area shall be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the adopted specific plan, community plan or general plan and shall be of such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 574 § 2, 1983].
***
Chapter 22.110
Design and Improvement Standards
***

22.110.035 Thoroughfare and arterial streets.

A. Function. The function of thoroughfare and arterial streets is to serve with freeways to form a coordinated network or vehicle routes capable of handling the movement of goods and people through and between communities in large volumes and with efficient speeds and safety. Such roads are identified in the circulation element of the general plan or on the appropriate community specific plan.

B. Design Standards. If the circulation element of the general plan or the community plan shows any highway, expressway, thoroughfare, arterial or similarly named road located so that any portion lies within or adjacent to a proposed project, such roadway shall be incorporated into the project in conformance with the design standards in the general plan or community specific plan. The specific location or locations if alternate alignments are feasible of such roads shall be determined in coordination with and as recommended by the city public works department.

ITEM 10.2. ATTACHMENT 3
Note to Reader: Section placeholders to indicate the sections between changed subsections remain the same are indicated with three stars (***).

The design characteristics of such roads shall conform with the current improvement standards of the department of public works.

Because such roads may vary in width and may involve many design factors such as acceleration/deceleration lanes, various curb heights, bicycle lanes, bus stops/turnouts, traffic dividers, driveways, and curb cuts, the precise road improvement requirements shall be determined by consultation or coordination with the public works department. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 574 § 2, 1983]. ***

22.110.065 Compliance with law.

A. Each project which proposes to divide land shall result in lots which are consistent with and well suited to the land use designations and policies set forth in the city general plan and in the adopted community plans, including both maps and texts. Potential population densities of residential lots shall not exceed the densities set forth in the general plan or specificcommunity plans.

B. Each lot shall conform to the lot size, lot width, and lot frontage requirements as set forth in the city zoning code.

See RCMC 22.110.070(H) for exception to frontage requirements, unless a variance, waiver, or modification is obtained, as specified in the zoning code.

C. Lot lines shall be located in relation to existing structures so as to maintain required setbacks, yards, and other open space requirements, as set forth in the city zoning code, unless a variance, waiver, or modification is obtained, as specified in the zoning code.

D. Lot lines shall be located in relation to existing private septic systems or wells so as to maintain the distance requirements as set forth in the city health code. Lots which propose the installation of private septic systems or wells shall be arranged such that there is sufficient area on the proposed lots’ facilities to meet the placement and distance requirements of the city health code.

E. Each parcel of land shall front on a public street or be served by a private road approved pursuant to the zoning code which is a component of an approved local street pattern.

F. Exceptions from the requirements of subsections (A) through (E) of this section shall not be allowed pursuant to RCMC 22.110.020 and 22.110.025. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 574 § 2, 1983]. ***

ITEM 10.2. ATTACHMENT 3
Note to Reader: Section placeholders to indicate the sections between changed subsections remain the same are indicated with three stars (***).

Chapter 23.104

APPROVAL AUTHORITY
Sections:

23.104.010 Purpose.

23.104.020 Planning agency.

23.104.030 Recommending and approval authority.

23.104.040 Referrals to planning commission or council.

23.104.010 Purpose.

The purpose of this chapter is to establish the administrative responsibilities of the zoning code and to identify the basic responsibilities of the officials and bodies charged with its administration. This chapter describes which review body makes the final decision on various types of planning and land use entitlement applications. The zoning code uses a combination of nondiscretionary and discretionary reviews to evaluate land use proposals for compliance with the use and development requirements of this code. The nondiscretionary reviews provide the certainty needed in most situations by providing clear and objective criteria. Discretionary reviews provide needed flexibility by allowing more subjective criteria and by providing for the modification of regulations in response to specific site conditions. [Ord. 22-2021 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.2.010)].

23.104.020 Planning agency.

California Government Code Section 65100 requires each jurisdiction to establish a planning agency to carry out the planning and land use functions of the jurisdiction. The functions of the planning agency are assigned as designated by this code. In the absence of an assignment, the council shall retain responsibility and authority to function as the planning agency. [Ord. 22-2021 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.2.020)].

23.104.030 Recommending and approval authority.

A. Approval Types. The zoning code establishes which planning body recommends, makes final determinations, and hears appeals for each planning and land use entitlement request. This approval authority is determined by the type of approval required for each planning and land use entitlement. The approval types are as follows:

1. Nondiscretionary Administrative. Decisions do not require interpretation or exercise of policy or legal judgment in evaluating approval criteria because the decision is made according to specific criteria where no discretion is involved. Permits may be issued over the counter by staff. The director is the approval authority for nondiscretionary actions. The action of the director is not subject to appeal.

2. Limited Discretion. Approval or denial is based on discretionary standards that regulate the physical characteristics of a use or structure. Decisions must be consistent with the adopted criteria. Notice of decision is required with opportunity to request public hearing. The action of the director may be appealed to the council.

3. Discretionary (Quasi-Judicial). Decisions involve the application of discretionary approval standards to site-specific applications. The director makes recommendations to the council or planning commission for final decisions with specific findings. A public hearing is required. Decisions of the planning commission can be appealed pursuant to RCMC 23.110.160. Decisions of the council are not subject to appeal.

4. Discretionary (Legislative). Decisions must be made by the city council. Legislative land use decisions apply to the general population and prescribe policy, requiring the greatest amount of discretion and evaluation of subjective approval criteria. City council is the approval authority for legislative land use permits. The director

ITEM 10.2. ATTACHMENT 3
and/or planning commission makes recommendations to the city council. Generally, a recommendation is requested from staff and/or another recommending body on legislative entitlements. A public hearing is required, and these decisions cannot be appealed.

B. Public Hearings Required. Table 23.104-1 identifies the type of public hearing required by entitlement, as applicable.
C. Review and Approval Authority. Table 23.104-1 establishes the responsibilities of the city’s decision-making bodies by entitlement. :The responsibilities of the Planning Commission shall be transitioned in based upon a three-phase approach as outlined below. Upon initiation of Phase 3, the Planning Commission’s responsibilities will default to what is listed in Table 23.104-1.

Phase 1 – November 2022 – February 2023: Tentative Parcel Maps and Residential Major Design Review Phase 2 – March 2023 – May 2023: All Phase 1 responsibilities, Tentative Subdivision Map, Commercial and Industrial Major Design Review, Conditional Use Permit and Variances Phase 3 – Starting June 2023: All Phase 1 and Phase 2 responsibilities and Legislative applications.

Table 23.104-1: Approval Authority for Entitlements
Designated Approval Authority
“F” = Final Approval Authority
“A” = Appeal Body
“R” = RecommendationEntitlement Approval Type Public Hearing Required
Director Planning
Commission Council
Zoning Certification Nondiscretionary No F(2)
Temporary Use Permit Nondiscretionary No F
Similar Use Determination Limited Discretion No F A A
Unified Sign Program Limited Discretion No(1) F A A
Administrative Use Permit Limited Discretion No(1) F A A Reasonable Accommodation Limited Discretion No(1) F A A Adjustment Limited Discretion No(1) F A A
Nonconforming Use Permit Limited Discretion No(1) F A A Minor Design Review Limited Discretion No(1) F A A
Conditional Use Permit Discretionary (Quasi-Judicial) Planning Commission
R F A
Major Design Review Discretionary (Quasi-Judicial) Planning Commission
R F A
Variance Discretionary (Quasi-Judicial) Planning
Commission
R F A
Special Planning Areas Discretionary (Legislative) Council R R F Zoning Amendments Discretionary (Legislative) Council R R F Specific Plans Discretionary (Legislative) Council R R F General Plan Amendments Discretionary (Legislative) Council R R F

ITEM 10.2. ATTACHMENT 3
Designated Approval Authority
“F” = Final Approval Authority
“A” = Appeal Body
“R” = RecommendationEntitlement Approval Type Public Hearing Required
Director Planning
Commission Council
Development Agreements Discretionary (Legislative) Council R R F (1) Notice of decision is required with the opportunity to request a public hearing. If no public hearing is requested, decision is rendered and notice of decision provided in accordance with Chapter 23.110 RCMC (Application Processing). (2) See RCMC 23.113.090.
[Ord. 22-2021 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.2.030)].

23.104.040 Referrals to planning commission or council.

The director may refer any entitlement with limited discretion for which the director is the final approval authority to the planning commission or council for action.

A. Referral. The director may refer any item to planning commission or council for consideration. The director may refer an item with or without making a final determination or a recommendation for action.

B. Planning Commission or Council Review. The planning commission or council shall review the referred item at a noticed meeting and take one of the following actions:

1. Refer the item back to the director for review and final action. Referral back to the director does not preclude the item being appealed or being called up by council following final action.

2. Cause the item to be scheduled at the next regularly scheduled council meeting, allowing for public hearing notice.

C. Public Hearing Required. A public hearing shall be required for all items referred to and accepted by the planning commission or council for action in accordance with the following:

1. Public Hearing Notice. A notice for public hearing shall be provided for in accordance with RCMC

23.110.120 (Notice of public hearing).

2. Public Hearing Procedure. A public hearing shall be held in accordance with RCMC 23.110.130 (Public hearing procedures). [Ord. 22-2021 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B)].

MEMORANDUM
City Council Staff Report - Page 1 of 1

ITEM 12.1.

DATE: October 3, 2022

TO: Honorable Mayor and Council Members

FROM: Adam Lindgren, City Attorney

SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA APPROVING A 5% PERFORMANCE INCENTIVE

PAYMENT FOR CYRUS ABHAR FOR SERVICE AS CITY MANAGER

RECOMMENDATION

Receive report and adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution will authorize payment of the 5% performance incentive payment.

BACKGROUND

Cyrus Abhar has served as the City Manager for the City of Rancho Cordova since November 2, 2015. The City Council conducted a closed session to evaluate Mr. Abhar's performance, and to receive information and provide direction regarding his salary and benefits package. The City Council unanimously agreed that the City Manager's overall performance in 2022 was "exemplary."

Consistent with the terms of the City's employment agreement with the City Manager, the Resolution before the City Council approves the 5% performance incentive payment ($14,283.06) to be paid immediately based on the City Council's conclusion that Mr. Abhar has displayed exemplary performance and succeeded in achieving the specific objectives previously established by the City Council.

Before taking final action, the City Council will orally report a summary of the recommended actions on City Manager pay and benefits during this open session of a regular council meeting.

FISCAL IMPACT AND FUNDING SOURCE

Various.

ATTACHMENT(S)

1. Resolution City Manager Performance Bonus 2022

ITEM 12.1. ATTACHMENT 1 Resolution No. XX-2022 Page 1 of 2

CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022

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

OF CALIFORNIA, REGARDING THE PERFORMANCE EVALUATION AND INCENTIVE

PAYMENT FOR CYRUS ABHAR FOR SERVICE AS CITY MANAGER
WHEREAS, Cyrus Abhar has served as City Manager for the City of Rancho Cordova since November 2, 2015; and
WHEREAS, the City Council approved an amended and restated employment agreement (“Agreement”) with Cyrus Abhar (“City Manager”) on November 5, 2018; and WHEREAS, Section II(A)(1) of his Agreement allows up to a 5% performance incentive benefit, in addition to his salary; and
WHEREAS, the City Council conducted a performance evaluation of City Manager in closed session at its September 27, 2022 meeting and subsequently met in closed session on December 20, 2021 to discuss labor negotiations related to the City Manager; and WHEREAS, on September 27, 2022, it was reported out of closed session that the City Council unanimously agreed that the City Manager’s overall performance in 2020 was “exemplary”; and
WHEREAS, following the performance review and labor negotiations, the Council directed that an item be placed on the City Council agenda for the Council to consider awarding the City Manager the maximum performance incentive pay available for 2022 based on his performance, as demonstrated by his success in meeting the specific objectives established by the City Council.

NOW THEREFORE BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA resolves that City Manager, Cyrus Abhar, shall be awarded a performance incentive for his exemplary 2022 performance in the amount of $14,283.06.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova this 3 rd day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ITEM 12.1. ATTACHMENT 1 Resolution No. XX-2022 Page 2 of 2 ____________________________
Donald Terry, Mayor
ATTEST:

Stacy Leitner, CMC
City Clerk